ORDER

On November 5, 2004, the court issued an order allowing the parties 21 days to file oppositions to the transfer of this appeal to the United States Court of Appeals for the District of Columbia Circuit. Neither party has responded within the time allowed.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) This appeal is transferred to the U.S. Court of Appeals for the District of Columbia Circuit.

(2) Each side shall bear its own costs.