DISMISSED WITHOUT PREJUDICE:  December 21, 1993
                                                             
 
        
                              GSBCA 12233
 
 
                             JOSE PARRAGA,
 
                                                Appellant,
 
                                   v.
 
                    GENERAL SERVICES ADMINISTRATION,
 
                                                Respondent.
 
        Jose M. Parraga, pro se, Carson, CA.
 
        Donald  R.  Jayne,  Office  of  Regional  Counsel,   General
   Services   Administration,   San  Francisco,   CA,   counsel  for
   Respondent.
 
   GOODMAN, Board Judge.
 
                                 ORDER
 
        This  appeal was  filed on  December  21, 1992,  by Jose  M.
   Parraga  (appellant).  On  June 13,  1992, appellant  was awarded
   contract no. GS-09F-92-FBE-4208 for the purchase of a 1980 diesel
   dump truck.  Payment for the truck  was made in full on June  13,
   1992.   On  July 7,  appellant  submitted a  claim to  the  sales
   contracting officer  for reimbursement  of $8,083.17  for repairs
   made to the vehicle.  On August 21, the sales contracting officer
   informed appellant that, pursuant to the description warranty, he
   could  not offer  him  any  relief.   On  September 8,  appellant
   requested  a  contracting   officer's  final   decision  and   on
   September 22, the  contracting officer denied  appellant's claim.
   It is from this decision that appellant filed this appeal.
 
        On August 16, 1993, the  Board was advised that a settlement
   had  been reached,  and  on  December 15,  the  Board received  a
   stipulation  for  dismissal  without  prejudice.     Accordingly,
   pursuant  to the  request of  the  parties and  Rule 28(a),  this
   appeal  is DISMISSED  WITHOUT PREJUDICE.    This dismissal  shall
   convert to one with prejudice ninety  days from the date of  this
   order  unless either party  moves to reinstate  the appeal before
   the expiration of the ninety-day period.
 
 
                                      _______________________
                                      ALLAN H. GOODMAN
 
                                      Board Judge