
    BEYLEY CONSTRUCTION GROUP, CORP., Appellant, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Appellee.
    No. 2008-1390.
    United States Court of Appeals, Federal Circuit.
    Feb. 2, 2009.
   ORDER

The parties having so agreed, it is

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