DISMISSED WITH PREJUDICE: September 26, 2008
CBCA 1126-C(105)
HEDLUND CONSTRUCTION, INC.,
Applicant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
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.
Jon E. Cushman of Cushman Law Offices, P.S., Olympia, WA, counsel for Applicant. Mary E. Sajna, Office of the General Counsel, Department of Agriculture, Portland, OR, counsel for Respondent.
McCANN, Board Judge.
Order
On February 19, 2008, the Board issued its decision on the merits in Hedlund Construction, Inc. v. Department of Agriculture, CBCA 105, 08-1 BCA ¶ 33,798. Subsequently, on March 20, 2008, Hedlund submitted a claim for attorney fees and expenses under the Equal Access to Justice Act, 5 U.S.C. § 504 (2000), in the amount of $51,869.44. That claim was suspended because it was filed before the time for appeal had expired. The parties subsequently entered into discussions and have now filed a stipulated order of dismissal, notifying the Board that they have settled Hedlund’s claim for attorney fees and expenses. In the stipulation the parties request dismissal of the case.
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2 CBCA 1126-C(105)
Accordingly, this case is DISMISSED WITH PREJUDICE.
R. ANTHONY McCANN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Hedlund Construction, Inc., CBCA 1126-C(105). 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.