DISMISSED WITH PREJUDICE:  February 3, 1994
                                                           
 
 
                            GSBCA 12557-COM
 
 
                       ZAPATA HAYNIE CORPORATION,
 
                                                Appellant,
 
                                   v.
 
                        DEPARTMENT OF COMMERCE,
 
                                                Respondent.
 
        Eldon V.C. Greenberg  and Harold G.  Bailey, Jr. of  Garvey,
   Schubert & Barer, Washington, DC, counsel for Appellant.
 
        Kenneth A.  Lechter and  Jerry  A. Walz,  Office of  General
   Counsel,   Contract  Law   Division,   Department  of   Commerce,
   Washington, DC, counsel for Respondent.
 
   NEILL, Board Judge. 
 
                                 ORDER
 
        This  appeal  was  filed by  Zapata  Haynie  Corporation, on
   August  27, 1993.   It  involves  a dispute  between the  parties
   regarding a  demand that  the contractor  pay  the Department  of
   Commerce approximately $400,000 for excess contract costs. 
 
        On January  31, 1994,  the parties filed  a joint  motion to
   dismiss this appeal with prejudice and entered into a stipulation
   and settlement agreement.
 
        Accordingly,  pursuant  to  Rule   28(a),  this  appeal   is
   DISMISSED WITH PREJUDICE. 
   _____________________
 
                                                EDWIN B. NEILL
                                                Board Judge