Lasmer Industries, Inc.

Material Facts

• Lasmer appealed a government claim dated 11 February 2008 for reimbursement of money paid for allegedly defective material.
• The government filed a complaint solely to comply with the Board's order and requested dismissal of the appeal.
• The government rescinded the claim because monetary recovery was unlikely and it was in the government's best interest not to pursue the matter.
• Lasmer opposed the motion to dismiss and filed cross-motions for summary judgment and discovery.
• The Board denied Lasmer's motions and granted the government's motion to dismiss the appeal with prejudice.
• Lasmer filed an EAJA application after the dismissal and appealed the Board's decision to the Federal Circuit.
• The Federal Circuit affirmed the Board's decision.

Parties

Appellant

Lasmer Industries, Inc.