BES DESIGN/BUILD, LLC v. SECRETARY OF VETERANS AFFAIRS , No. 23-2270 (Fed. Cir. 2023)

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Case: 23-2270 Document: 9 Page: 1 Filed: 10/06/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ BES DESIGN/BUILD, LLC, Appellant v. SECRETARY OF VETERANS AFFAIRS, Appellee ______________________ 2023-2270 ______________________ Appeal from the Civilian Board of Contract Appeals in No. 6453, 6560, Administrative Judge Jerome M. Drummond, Administrative Judge Jonathan D. Zischkau, Administrative Judge Beverly M. Russell. ______________________ ORDER The parties having so agreed, it is ordered that: (1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b). Case: 23-2270 Document: 9 Page: 2 Filed: 10/06/2023 2 BES DESIGN/BUILD, LLC V. SECRETARY OF VETERANS AFFAIRS (2) Each side shall bear their own costs. FOR THE COURT October 6, 2023 Date /s/ Jarrett B. Perlow Jarrett B. Perlow Clerk of Court ISSUED AS A MANDATE: October 6, 2023

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