______________________________________________ DISMISSED WITHOUT PREJUDICE: March 25, 1994 _____________________________________________ GSBCA 12216 P. J. DICK INCORPORATED, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. John T. Flynn of Smith, Currie & Hancock, Atlanta, GA, counsel for Appellant. Sharon A. Roach, Gerald L. Schrader, Martin A. Hom, Robert C. Smith, and M. Leah Wright, Real Property Division, Office of General Counsel, General Services Administration, Washington, DC. BORWICK, Board Judge. ORDER On December 9, 1992, the Board docketed an appeal from a deemed denial of a claim on appellant's contract for renovation of certain floors of the United States Court House and Post Office, Pittsburgh, PA. Appellant claimed $5,867 for extra labor allegedly caused by respondent's requirement that appellant's electrical work be performed outside of normal working hours. On March 3, 1994, the parties, having settled the dispute, moved to dismiss the appeal without prejudice, with the dismissal to be converted to one with prejudice unless the case is reinstated within ninety days of the dismissal order. Pursuant to Rule 28(a)[foot #] 1 and the agreement of the parties, this appeal is DISMISSED WITHOUT PREJUDICE. The dismissal will become one with prejudice on the ninety-first day ----------- FOOTNOTE BEGINS --------- [foot #] 1 58 Fed. Reg. 69246 (Dec. 30, 1993) (to be codified at 48 CFR 6101). ----------- FOOTNOTE ENDS ----------- after the issuance of this order unless one party acts to reinstate this appeal before that time. _________________________ ANTHONY S. BORWICK Board Judge