
    Helen D. ROGERS, Petitioner-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellant.
    No. 02-5139.
    United States Court of Appeals, Federal Circuit.
    Sept. 25, 2002.
   ORDER

The parties having so agreed, it is

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