56129

Free & Ben, Inc.

January 22, 2010Judge Ting
Denied / Government PrevailedFailure to Prosecute / Dismissal

Free & Ben, Inc. appealed the denial of its second motion for reconsideration regarding a contract termination dispute. The Board denied the motion, citing the absence of extraordinary circumstances.

Material Facts

  • The Board previously denied Free & Ben, Inc.'s cross-motion for summary judgment on 14 April 2009.
  • The government did not respond to the appellant's latest motion for reconsideration.
  • The Board's rules do not provide for a second motion for reconsideration.
  • The Board identified issues of failure to cooperate and nondisclosure as relevant to the case.

Parties

Appellant
Free & Ben, Inc.
Respondent Agency
Department of the Army
Contract Number
W91GY0-07-C-0056
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