Opinion
No. 2010-1218.
December 15, 2010. Rehearing and Rehearing En Banc Denied February 18, 2011.
Appeal from the United States District Court for the Eastern District of Texas in Case No. 07-CV-0203, Judge Leonard Davis.
Timothy W. Johnson, Matthews, Lawson Johnson, PLLC, of Houston, TX, argued for plaintiff-appellant. With him on the brief were Guy E. Matthews and C. Vernon Lawson. Of counsel was Andy Tindel and Guy G. Fisher, Provost Umphrey Law Firm, of Beaumont, TX; and Jimmy M. Negem, Negem, Bickham Worthington, of Tyler, TX.
Daryl L. Joseffer, King Spalding, LLP, of Washington, DC, argued for defendant-appellee. With him on the brief were Paul D. Clement and Adam M. Conrad; and Alexas D. Skucas and Mark H. Francis, of New York, New York.
JUDGMENT
THIS CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.