CBCA 7869

DISMISSED WITH PREJUDICE: February 15, 2024 CBCA 7869 MERCER FRASER CO., Appellant, v. DEPARTMENT OF TRANSPORTATION, Respondent. Neil H. O’Donnell and Richard M. Harris of Rogers Joseph O’Donnell, PC, San Francisco, CA, counsel for Appellant. Jack F. Gilbert, Office of the Chief Counsel, Federal Highway Administration, Department of Transportation, Lakewood, CO, counsel for Respondent. SHERIDAN, Board Judge. ORDER On February 13, 2024, the parties jointly moved that the Board dismiss the above- captioned appeal with prejudice pursuant to Rule 12(b)(2) (48 CFR 12(b)(2) (2022)). The motion states that both parties shall bear their own fees and costs. The motion is granted. This appeal is DISMISSED WITH PREJUDICE. Patricia J. Sheridan PATRICIA J. SHERIDAN Board Judge