D. L. Withers Construction, LC

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of-- ) ) D.L. Withers Construction, LC ) ASBCA No. 58368 ) Under Contract No. W912PL-09-C-0027 ) APPEARANCES FOR THE APPELLANT: Johnathan M. Bailey, Esq.

Kristin E. Zachman, Esq.

Bailey & Bailey, P.C.

San Antonio, TX APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq.

Engineer Chief Trial Attorney John F. Bazan, Esq.

Engineer Trial Attorney U.S. Army Engineer District, Los Angeles ORDER OF DISMISSAL The dispute has been settled. The appeal is dismissed with prejudice.

Dated: 9 January 2014

,~ MARK N. STEMP ER Administrative Judge Vice Chairman Armed Services Board of Contract Appeals I certify that the foregoing is a true copy of the Order of Dismissal of the Armed Services Board of Contract Appeals in ASBCA No. 58368, Appeal ofD.L. Withers Construction, LC, rendered in conformance with the Board's Charter.

Dated:

JEFFREY D. GARDIN Recorder, Armed Services Board of Contract Appeals