DISMISSED WITHOUT PREJUDICE: December 11, 1992
                                                  
 
 
                           GSBCA 11166, 11385
 
 
                   EMPLOYERS MUTUAL CASUALTY COMPANY,
 
                                           Appellant,
 
                                   v.
 
                    GENERAL SERVICES ADMINISTRATION,
 
                                           Respondent.
 
        Michael  P. Duray  and Paul  F.  Vernon of  Vernon &  Duray,
   L.L.P., Dallas, TX, counsel for Appellant. 
 
        Marie  N. Adamson, Real Property Division, Office of General
   Counsel, General Services Administration, Washington, DC, counsel
   for Respondent.
 
   DANIELS, Board Judge.
 
                                 ORDER
 
 
        Employers Mutual  Casualty Company (EMC), appellant, was the
   surety  for  Richerson  Construction,  Inc.  (Richerson),   on  a
   construction contract  with the  General Services  Administration
   (GSA).  GSA terminated Richerson's contract for default, and then
   entered  into  a takeover  agreement  with  EMC  to complete  the
   necessary  work.  GSA later  terminated for default this takeover
   agreement  as  well.   Richerson  and  EMC appealed  the  default
   terminations  to this Board,  and we overturned  both, converting
   them into  terminations for  the convenience  of the  Government.
   Richerson  Construction,   Inc.,  GSBCA  10653   (Dec. 5,  1991);
   Employers Mutual  Casualty Co.,  GSBCA 11003,  92-1 BCA    24,594
   (1991), aff'd on reconsideration (Oct. 14, 1992).
 
        Richerson and EMC each asked for payments for work performed
   under  their contracts.  The contracting officer's decisions were
   appealed   to  this  Board.    We  granted  Richerson's  appeals.
   Richerson Construction, Inc.  v. General Services Administration,
   GSBCA  11161,  et  al.  (June 30,  1992).    GSA  has  moved  for
   reconsideration of that decision, however, and has also indicated
   that it  may ask the Court of Appeals  for the Federal Circuit to
   review our holdings.
 
 
        The  instant cases,  GSBCA 11166  and  11385, involve  EMC's
   claims for payments relating to completion of contract work.  The
   appeals were filed on March  19 and August 7, 1991, respectively.
   Proceedings in these appeals have  been suspended at the  request
   of  the  parties   since  October  1,   1991,  pending  a   final
   determination  in   the  Richerson   cases.     Because  such   a
   determination does not appear to be near, even if we rule quickly
   on  the  motion  for  reconsideration,  circumstances  beyond the
   control  of the Board prevent the  continuation of proceedings in
   the  EMC  cases.    We   asked  the  parties  whether,  in  these
   circumstances, they have  any objection to  a dismissal of  these
   cases without prejudice, pursuant to Rule 27(c).
 
        Neither party objected to such  a dismissal.  We now DISMISS
   these  cases  WITHOUT  PREJUDICE to  their  reinstatement.   Rule
   27(c).   We incorporate into  this order a condition  proposed by
   EMC: the  dismissal shall  become one with  prejudice (a)  on the
   ninetieth day following the date on which the Board's decision on
   reconsideration in the Richerson  cases becomes unappealable,  or
   (b)  if appeal  is taken  in those  cases,  on the  ninetieth day
   following  the date  on which  the  Court of  Appeals issues  its
   decision therein.
 
                                      _________________________
                                      STEPHEN M. DANIELS
                                      Board Judge