Board of Contract Appeals General Services Administration Washington, D.C. 20405 ____________________________________________________ MOTION TO DISMISS IN PART GRANTED: August 5, 2004 ____________________________________________________ GSBCA 16400 PACIFIC GENERAL, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Michael W. Kinney, Bonsall, CA, counsel for Appellant. M. Leah Wright, Office of Regional Counsel, General Services Administration, Auburn, WA, counsel for Respondent. Before Board Judges DANIELS (Chairman), HYATT, and DeGRAFF. DeGRAFF, Board Judge. In its complaint, Pacific General, Inc. (Pacific General) asks to recover incidental and consequential damages of $2.9 million, in addition to other amounts. On July 14, 2004, the General Services Administration (GSA) filed a motion to dismiss the portion of the complaint that requests incidental and consequential damages. In its August 2 response to GSA's motion, Pacific General consents to withdraw this portion of its complaint. GSA's motion to dismiss the portion of the complaint that requests incidental and consequential damages is GRANTED. __________________________________ MARTHA H. DeGRAFF Board Judge We concur: ___________________________________ __________________________________ STEPHEN M. DANIELS CATHERINE B. HYATT Board Judge Board Judge