NATIONAL FOOD & BEVERAGE CO., INC. V. U.S. , No. 13-5014 (Fed. Cir. 2013)

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Case: 13-5014 Document: 16 Page: 1 Filed: 02/12/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ NATIONAL FOOD & BEVERAGE CO., INC., Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant. __________________________ 2013-5014, -5015 __________________________ Appeals from the United States Court of Federal Claims in case no. 10-CV-0152, Judge Charles F. Lettow. __________________________ ON MOTION __________________________ ORDER The parties jointly move to dismiss the above captioned appeals pursuant to Fed. R. App. P. 42(b) with each party to bear its own costs. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion to withdraw the appeals is granted. The appeals are dismissed. Case: 13-5014 Document: 16 Page: 2 Filed: 02/12/2013 NATIONAL FOOD & BEVERAGE CO. V. US 2 (2) Each side shall bear its own costs. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s21 Issued As A Mandate: February 12, 2013

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