
    David A. DICE, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent.
    No. 2012-3139.
    United States Court of Appeals, Federal Circuit.
    April 4, 2013.
    Charles Williamson Day Jr., Gebhardt & Associates, LLP, of Washington, DC, argued for petitioner.
    Elizabeth Anne Speck, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Stuart F. De-lery, Principal Deputy Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald T. Blades, Jr., Assistant Director.
    NEWMAN, BRYSON, and DYK, Circuit Judges.
   JUDGMENT

PER CURIAM.

This Cause having been heard and considered, it is

Ordered and Adjudged:

AFFIRMED. See Fed. Cir. R. 36.  