Opinion
Nos. 2007-1282, 2007-1283.
October 9, 2008.
On Appeal from the United States District Court for the Southern District of Texas, No. 04-CV-3066, Ewing Werlein, Jr., Senior Judge.
John M. Delehanty, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., of New York, NY, argued for plaintiff-appellant. With him on the brief was Timur E. Slonim.
Alan B. Daughtry, Jackson Walker L.L.P., of Houston, TX, argued for defendant-cross appellant. With him on the brief was Richard E. Griffin.
MAYER, SCHALL, and MOORE, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.