Case: 21-2305 Document: 26 Page: 1 Filed: 05/16/2022

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ NAUSET CONSTRUCTION CORPORATION, Appellant v. SECRETARY OF THE ARMY, Appellee ______________________ 2021-2305 ______________________ Appeal from the Armed Services Board of Contract Ap- peals in Nos. 61673 and 61675, Administrative Judge Lis B. Young, Administrative Judge Owen C. Wilson, and Ad- ministrative Judge Richard Shackleford. ------------------------------------------------- SECRETARY OF THE ARMY, Appellant v. NAUSET CONSTRUCTION CORPORATION, Appellee ______________________ 2021-2308 ______________________ Case: 21-2305 Document: 26 Page: 2 Filed: 05/16/2022

2 NAUSET CONSTRUCTION CORPORATION v. SECRETARY OF THE ARMY

Appeal from the Armed Services Board of Contract Ap- peals in Nos. 61673 and 61675, Administrative Judge Lis B. Young, Administrative Judge Owen C. Wilson, and Ad- ministrative Judge Richard Shackleford. ______________________ ON MOTION ______________________ ORDER Upon consideration of the Secretary of the Army’s un- opposed motion to voluntarily dismiss her cross-appeal, Appeal No. 2021-2308, under Rule 42(b) of the Federal Rules of Appellate Procedure, IT IS ORDERED THAT: (1) The motion is granted to the extent that Appeal No. 2021-2308 is dismissed. The revised official captions are reflected above. (2) Each party shall bear its own costs as to Appeal No. 2021-2308. (3) The Clerk of Court shall forward a copy of this or- der to the merits panel assigned to this case.

FOR THE COURT May 16, 2022 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court

ISSUED AS A MANDATE (as to 2021-2308 only): May 16, 2022