Opinion
No. 2010-1166.
October 7, 2010.
Appeal from the United States District Court for the Southern District of New York in case no. 04-CV-0625, Judge Judith M. Barzilay, sitting by designation.
Steven M. Amundson, Frommer Lawrence Haug LLP, of New York, NY, argued for plaintiff-appellant. With him on the brief were Edgar H. Haug, Stephen J. Lieb and Vicki M. Franks.
Michael M. Murray, Milbank, Tweed, Hadley McCloy LLP, of New York, NY, argued for defendant-appellee. With him on the brief were Christopher J. Gaspar, Jeffrey Lesovitz and Blake E. Reese. Of counsel on the brief were James H. Shalek, Nolan M. Goldberg and Alan Feder-bush, Proskauer Rose LLP, of New York, NY.
GAJAESA, LINN, and Prost, Circuit Judges.
JUDGMENT
THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.