NOTE: This order is nonprecedential.

United States Court of AppeaIs for the FederaI Circuit CAROLINA POWER & LIGHT COMPANY, AND FLORIDA POVVER CORPORATION, Plain,tiff-Appellee, V. UNITED STATES, Defen0lant-Appellant.

2011-5121 ` Appea1 from the United States Court of Federa1 C1aims in case no. 04~CV-037, Judge Thomas C. Whee1er.

ON MOTION ORDER The United States moves without opposition to dis- miss its appea1.

Upon consideration thereof IT ls ORDERE:o THAT: (1) The motion is granted The appeal is dismissed (2) Each side shall bear its own costs CAROLINA POWER & LIGHT V. US FOR THE COURT 2011 /s/ Jan Horbaly ' Date Jan Horba1y C1erk cc: Arno1d B. Fagg, Esq.

Danie1 RabinoWitz, Esq. s21 Issued As A Mandate: 1 2 2011 E$LCDU THEFE 5e1 ~ F fn Q'u= EALSFOR RCUU §c» f*Qr'¥ ' SEP l 2011 JAN HORBALY CLERK