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             DISMISSED WITHOUT PREJUDICE:  October 27, 1992
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                          GSBCA 12093-C(11543)
 
 
                        FOX CONSTRUCTION, INC.,
 
                                             Appellant,
                                   v.
 
                    GENERAL SERVICES ADMINISTRATION,
 
                                             Respondent.
 
 
        Curtis D.  Elton, of Larsen  & Stewart, Salt Lake  City, UT,
   appearing for Appellant.
 
        John M. Hewins, Office of Regional Counsel, General Services
   Administration, Denver, CO, appearing for Respondent.
 
   HYATT, Board Judge.  
 
 
                                 ORDER
 
        On October 7,  1992, appellant filed  an application for  an
   award of attorney's fees, pursuant to the Equal Access to Justice
   Act, in connection with the  appeal docketed as GSBCA 11543.   On
   October   13,  1992,  respondent  filed  a  motion  stating  that
   appellant's  application for  attorney's  fees was  premature and
   requested that it  be stricken from the  record.  On  October 19,
   1992, the Board  acknowledged receipt of  appellant's application
   for attorney's fees and requested that appellant respond no later
   than November 5, 1992, to respondent's motion to strike.
 
        On   October  20,   1992,  appellant   requested  that   its
   application  for  attorney's  fees  be  withdrawn  and  dismissed
   without prejudice.   Appellant also requested  that its right  to
   refile an application for attorney's fees be reserved until after
   a final decision is issued in the underlying appeal.
 
                                Decision
 
        Accordingly, appellant's application for award of attorney's
   fees is DISMISSED WITHOUT PREJUDICE.  Rule 28(a)(1).  Appellant's
   application for award  of attorney's fees  may be reinstated,  if
   appropriate, after the Board issues its decision in GSBCA 11543.
 
                                      _____________________________
                                      CATHERINE B. HYATT
                                      Board Judge