Case: 13-5014 Document: 16 Page: 1 Filed: 02/12/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________ NATIONAL FOOD & BEVERAGE CO., INC., Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant. __________________________ 2013-5014, -5015 __________________________ Appeals from the United States Court of Federal Claims in case no. 10-CV-0152, Judge Charles F. Lettow. __________________________ ON MOTION __________________________ ORDER The parties jointly move to dismiss the above cap- tioned appeals pursuant to Fed. R. App. P. 42(b) with each party to bear its own costs.

Upon consideration thereof, IT IS ORDERED THAT: (1) The motion to withdraw the appeals is granted.

The appeals are dismissed.

Case: 13-5014 Document: 16 Page: 2 Filed: 02/12/2013

NATIONAL FOOD & BEVERAGE CO. V. US 2

(2) Each side shall bear its own costs.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk s21 Issued As A Mandate: February 12, 2013