Lasmer Industries, Inc.
Lasmer Industries, Inc. sought attorney's fees under the Equal Access to Justice Act (EAJA) after its appeals were dismissed as moot. The Board denied the application, ruling that Lasmer was not a prevailing party.
Material Facts
- Lasmer filed a claim for a no-cost termination of a delivery order due to an impossible specification.
- The government issued a unilateral contract modification terminating the delivery order at no cost on 9 August 2010.
- The Board previously denied a government motion to dismiss the appeals as moot on 26 April 2010.
- The appeals were ultimately dismissed as moot on 20 January 2011.
Parties
- Appellant
- Lasmer Industries, Inc.
- Contract Number
- SP0750-02-D-7917
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