
    Henry EKPERIGIN, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.
    No. 2009-3099.
    United States Court of Appeals, Federal Circuit.
    Nov. 10, 2009.
    Edward H. Passman, Passman & Kap-lan, P.C., of Washington, DC, argued for petitioner.
    L. Misha Preheim, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.
    Before MAYER, PROST, and MOORE, Circuit Judges.
   Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

AFFIRMED. See Fed. Cir. R. 36.  