DISMISSED WITH PREJUDICE: February 6, 2007


                             CBCA 130


               MOUNTAIN CLEARING & BRUSHING, INC.,

                                             Appellant,

                                v.

                    DEPARTMENT OF AGRICULTURE,

                                             Respondent.

     David W. Lee, President of Mountain Clearing & Brushing, Inc., Grass Valley, CA,
appearing for Appellant.

     Maria Giatrakis, Office of the General Counsel, Department of Agriculture, San
Francisco, CA, counsel for Respondent.

VERGILIO, Board Judge.

                              ORDER

     By letter dated July 18, 2006, Mountain Clearing & Brushing, Inc. (contractor) filed
a notice of appeal.  Under a task order issued under a contract, 53-9SCP-03-4K-13, with the
Forest Service, the contractor was to burn and under-burn acreage within the Mt. Hough
Ranger District of the Plumas National Forest, California.  The contracting officer denied a
claim for an equitable adjustment of $47,524.69.  This timely appeal under the Contract
Disputes Act of 1978, 41 U.S.C.  601-613, as amended, ensued.  Following telephone
conferences and the submission of the appeal file, the parties engaged in discussions.  They
settled the dispute.  On February 6, 2007, the Board received a request for a dismissal with
prejudice.  The Board grants the request; the matter is DISMISSED WITH PREJUDICE.

                                        ______________________________
                                        JOSEPH A. VERGILIO
                                        Board Judge