
    Donald C. WINTER, Secretary of the Navy, Appellant, v. ENVIRONMENTAL SAFETY CONSULTANTS, INC., Appellee.
    No. 2006-1180.
    United States Court of Appeals, Federal Circuit.
    March 29, 2006.
   ORDER

The parties having so agreed, it is

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