______________________________________ DISMISSED WITH PREJUDICE: May 4, 1995 ______________________________________ GSBCA 10057-COM EARTH OBSERVATION SATELLITE COMPANY, Appellant, v. DEPARTMENT OF COMMERCE, Respondent. Clifford D. Brooks and Karl N. Metzner of Spriggs & Hollingsworth, Washington, DC; and Robert N. Axelrod, General Counsel of Earth Observation Satellite Company, Lanham, MD, counsel for Appellant. Jerry A. Walz, Mark Langstein and Fred Kopatich, Office of General Counsel, Department of Commerce, Washington, DC, counsel for Respondent. DeGRAFF, Board Judge. ORDER On September 27, 1985, Earth Observation Satellite Company (EOSAT) was awarded contract number NA-84-DSC-00125 for the commercialization of the LANSAT remote sensing satellite system. On November 22, 1988, EOSAT submitted a certified claim to the contracting officer requesting a final decision on the allowability of data marketing costs. The contracting officer issued a final decision on February 28, 1989, determining that the costs of marketing unenhanced data were not allowable under the contract. On May 12, 1989, EOSAT appealed the contracting officer's final decision. On May 3, 1995, EOSAT filed a motion for dismissal with prejudice stating that the parties had reached a final settlement on April 14, 1995. Respondent has no objection to the dismissal of this appeal. Accordingly, this appeal is DISMISSED WITH PREJUDICE. Rule 28(a). ___________________________ MARTHA H. DeGRAFF Board Judge