ORDER
The parties having so agreed, it is
ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b).
No. 2010-5168.
United States Court of Appeals, Federal Circuit.
Oct. 5, 2010.
*954Janine S. Benton, Benton, Potter & Murdock, P.C., Falls Church, VA, for Plaintiff-Appellee.
Russell A. Shultis, Department of Justice, Washington, DC, for Defendant-Appellant.
ORDER
The parties having so agreed, it is
ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b).
452 F. App'x 953
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