Opinion
No. 2009-1065.
July 13, 2009.
On Appeal from the United States District Court for the Northern District of Texas, No. 4:03-CV-1384, Terry Means, Judge.
Cynthia E. Kernick, Reed Smith LLP, of Pittsburgh, PA, argued for plaintiff-appellee. With her on the brief were James C. Martin, Kevin S. Katona, and Richard T. Ting.
Steven G. Hill, Hill, Kertscher Wharton, LLP, of Atlanta, GA, argued for defendant-appellant. With him on the brief was Joseph F. Cleveland, Jr., Brackett Ellis, P.C., of Fort Worth, TX.
Before MICHEL, Chief Judge, NEWMAN, and DYK, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.