
    ROTECH HEALTHCARE INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.
    No. 2006-5121.
    United States Court of Appeals, Federal Circuit.
    Nov. 28, 2006.
   ORDER

The parties having so agreed, it is

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