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.