ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of-- ) 
) 
D.L. Withers Construction, LC ) 
) 
Under Contract No. W912PL-09-C-0027 ) 
APPEARANCES FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 58368 
Johnathan M. Bailey, Esq. 
Kristin E. Zachman, Esq. 
Bailey & Bailey, P.C. 
San Antonio, TX 
Thomas H. Gourlay, Jr., Esq. 
Engineer Chief Trial Attorney 
John F. Bazan, Esq. 
Engineer Trial Attorney 
U.S. Army Engineer District, Los Angeles 
ORDER OF DISMISSAL 
The dispute has been settled. The appeal is dismissed with prejudice. 
Dated: 9 January 2014 
,~ 
MARK N. STEMP ER 
Administrative Judge 
Vice Chairman 
Armed Services Board 
of Contract Appeals 
I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 
Services Board of Contract Appeals in ASBCA No. 58368, Appeal ofD.L. Withers 
Construction, LC, rendered in conformance with the Board's Charter. 
Dated: 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals