JOINT MOTION FOR RECONSIDERATION DENIED: October 1, 2009
CBCA 1305
LIBBEY PHYSICAL MEDICINE CENTER AND HOT
SPRINGS HEALTH SPA,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Charles A. Banks and Robert W. Francis of Banks Law Firm, PLLC, Little Rock,
AR, 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.
Charles B. Wallace, Office of the Solicitor, Department of the Interior, Washington, DC, counsel for Respondent.
Before Board Judges VERGILIO, DRUMMOND, and WALTERS.
WALTERS, Board Judge.
Appellant, Libbey Physical Medicine Center and Hot Springs Health Spa (Libbey), and respondent, the Department of the Interior (DOI), jointly have moved the Board to reconsider its decision of September 9, 2009, denying the parties’ joint motion to vacate an earlier Board ruling, Libbey Physical Medicine Center and Hot Springs Health Spa v. Department of the Interior, CBCA 1305, 09-1 BCA ¶ 34,080, and to dismiss the appeal with prejudice. The earlier joint motion was based on a possible settlement that was expressly conditioned on this Board’s vacating its February 26, 2009, ruling, which denied DOI’s motion to dismiss the appeal for lack of subject matter jurisdiction under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (2006) (CDA).
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2 CBCA 1305
The parties have raised nothing new or noteworthy in their joint motion for reconsideration. Rule 26, 48 CFR 6101.26 (2008). Accordingly, the motion is DENIED. RICHARD C. WALTERS
Board Judge
We concur:
JOSEPH A. VERGILIO
Board Judge
JEROME M. DRUMMOND
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Libbey Physical Medicine Center and Hot Springs Health Spa, CBCA 1305. 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.