ORDER

On October 16, 2003, the court issued an order allowing 45-days for Environmental Safety Consultants, Inc. (“Environmental Safety”) to obtain counsel, and for said counsel to enter an appearance in this matter. Environmental Safety has failed to comply with this order, and has failed to prosecute.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) This appeal is hereby dismissed.

(2) Each side shall bear its own costs.