____________________________________________________ DISMISSED WITHOUT PREJUDICE: February 16, 1993 _____________________________________________________ GSBCA 12141 B. E. TILLINGHAST, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. B. E. Tillinghast, pro se, Fresno, CA, appearing for Appellant. Jack Christensen, Office of Regional Counsel, General Services Administration, San Francisco, CA, counsel for Respondent. HENDLEY, Board Judge. ORDER On October 20, 1992, the Board docketed the appeal of B. E. Tillinghast, from a contracting officer's decision of September 29, 1992, assessing liquidated damages against the appellant for nonpayment and nonreceipt of several automobiles bid on by the appellant under contract number GS-09F-92-FBE-3707. On February 12, 1993, the Board received a signed joint stipulation for dismissal from the parties, which states: The above-named Appellant, B. E. TILLINGHAST, and the Respondent, GENERAL SERVICES ADMINISTRATION, having arrived at a mutual agreement of the underlying dispute in the above-captioned cause, hereby enter into, pursuant to Rule 28, this Stipulation For Dismissal, without prejudice, of the Appeal heretofore filed by the Appellant. The parties further consent and agree that such Stipulation may be filed forthwith and that an Order Dismissing Appeal be thereby entered without further notice to the parties. Dated this 4 day of Feb, 1993. Accordingly, this appeal is DISMISSED WITHOUT PREJUDICE to become a dismissal with prejudice on July 16, 1993, unless reinstated with the Board by either party on or before that date. Rule 28(a). __________________________________ JAMES W. HENDLEY Board Judge