NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit SMART POWER SYSTEMS, INC., Appellant, - V. JOHN MCHUGH, SECRETARY OF THE ARMY, Appellee. l .

2011-1420 _ Appea1 from the Armed Services Board of Contract Appea1s in no. 56743, Adn:1inistrative Judge David W.

James, Jr. ON MOTION ORDER Sn1art PoWer Systems, Inc. moves to withdraw its ap- pea1.

Upon consideration thereof IT IS ORDERED THAT2 (1) The motion is granted The appeal is dismissed (2) Each side shall bear its own costs SMART POWER V. ARMY FoR THE CoURT mg 19 2l!11 131 Jan H0rba1y Date J an Horba1y C1erk cc: Kiran M. DeWan, Esq.

Kent C. Kiffner, Esq. s21 Issued AsAMandate: 1 9 F!LED u.s. croom 0F m>PEAl.s mn ms FE0z-mr clncun gus 19 2011 JAN HORBALY CLERK