CBCA 130

Mountain Clearing & Brushing, Inc.

Feb 6, 2007Judge VergilioDEPARTMENT OF AGRICULTURE
Not published in the listingSettled

Key Facts

Appellant
Mountain Clearing & Brushing, Inc.
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Vergilio
Case number
CBCA 130
Decided
Feb 6, 2007The decision states Feb 6, 2007 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Settled
The Board grants the request; the matter is DISMISSED WITH PREJUDICE.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Changes and equitable adjustment

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
David W. Lee
Mountain Clearing & Brushing, Inc.
Grass Valley, CA
For the respondent
Maria Giatrakis
Office of the General Counsel, Department of Agriculture
San Francisco, CA
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision1 pages, 1,240 characters, read from the Board's own documentDecided Feb 6, 2007 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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DISMISSED WITH PREJUDICE: February 6, 2007

CBCA 130

MOUNTAIN CLEARING & BRUSHING, INC.,

Appellant,

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.

David W. Lee, President of Mountain Clearing & Brushing, Inc., Grass Valley, CA, appearing for Appellant.

Maria Giatrakis, Office of the General Counsel, Department of Agriculture, San Francisco, CA, counsel for Respondent.

VERGILIO, Board Judge.

Order

By letter dated July 18, 2006, Mountain Clearing & Brushing, Inc. (contractor) filed a notice of appeal. Under a task order issued under a contract, 53-9SCP-03-4K-13, with the Forest Service, the contractor was to burn and under-burn acreage within the M t. Hough Ranger District of the Plumas National Forest, California. The contracting officer denied a claim for an equitable adjustment of $47,524.69. This timely appeal under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613, as amended, ensued. Following telephone conferences and the submission of the appeal file, the parties engaged in discussions. They settled the dispute. On February 6, 2007, the Board received a request for a dismissal with prejudice. The Board grants the request; the matter is DISMISSED WITH PREJUDICE.

JOSEPH A. VERGILIO

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Mountain Clearing & Brushing, Inc., CBCA 130. 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.

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