
    Ann M. VENEMAN, Secretary of Agriculture, Appellant, v. DARBY LUMBER, INC., Appellee.
    No. 04-1237.
    United States Court of Appeals, Federal Circuit.
    June 3, 2004.
    Thomas D. Dinackus, Principal Attorney, Department of Justice, Washington, DC, for Appellant.
    Richard A. Reep, Principal Attorney, Reep & Bell, Missoula, MT, for Appellee.
   ORDER

The parties having so agreed, it is

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