
    EVERY PENNY COUNTS, INC., Plaintiff-Appellant, v. BANK OF AMERICA CORPORATION and Bank of America, N.A., Defendants-Appellees.
    No. 2009-1442.
    United States Court of Appeals, Federal Circuit.
    Feb. 4, 2011.
   ORDER

The parties having so agreed, it is

ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b).  