
    James R. THOMPSON, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.
    No. 2009-5131.
    United States Court of Appeals, Federal Circuit.
    Dec. 18, 2009.
    Thomas R. Helfand, Winstead Sechrest & Minick P.C., Dallas, TX, for PlaintiffAppellee.
    Michael J. Roney, Department of Justice, Washington, DC, for Defendant-Appellant.
   ON MOTION

ORDER

The parties move jointly to dismiss this appeal.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs. 
      
       The parties request that this dismissal be with prejudice; however, it is not the practice of this court to dismiss with or without prejudice.
     