DISMISSED WITH PREJUDICE: May 30, 2007
CBCA 108
DARBY LUMBER INCORPORATED,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Richard A. Reep of Reep & Bell, P.C., Missoula, MT, counsel for Appellant.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture, Missoula, MT, counsel for Respondent.
VERGILIO, Board Judge.
Order
By letter dated February 3, 2000, Darby Lumber Company (also referred to as Darby Lumber Incorporated) (purchaser), submitted a timely notice of appeal. Darby was the purchaser under the Mudd-York Salvage Timber Sale contract, 02-009255, with the Department of Agriculture, Forest Service (Government). The timber was located in the Beaverhead-Deerlodge National Forest in the Wise River Ranger District, Montana. Finding that the purchaser had improperly cut timber, the Government completed a collection action against a $100,000 letter of credit submitted under the contract. The purchaser appeals that action, alleging that the Government miscalculated the amount of timber cut, breached the _________________________
This case was reassigned after the retirement of Administrative Judge Westbrook.
2 CBCA 108
contract, violated the covenant of good faith and fair dealing, and caused both the purchaser and its president to suffer damages. Following board consolidation, this Board has jurisdiction over this appeal pursuant to the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613, as amended (CDA). Darby Lumber Inc., AGBCA 2000-131-1, 03-2 BCA ¶ 32,399 (finding jurisdiction), 05-1 BCA ¶ 32,953 (denying Government motion to dismiss). On May 29, 2007, the Board received written notice that the parties have settled this dispute. The parties request that the matter be dismissed with prejudice, with each party to bear its own costs and attorney fees. Accordingly, the Board DISMISSES WITH PREJUDICE this appeal.
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Darby Lumber Incorporated, CBCA 108. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.