DISMISSED WITH PREJUDICE: October 4, 2011
CBCA 141
PRECISION PINE & TIMBER, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Alan I. Saltman and Richard W. Goeken of Saltman & Stevens, P.C., Washington,
DC, 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.
Patricia Leigh Disert and Mary Ann Joca, Office of the General Counsel, Department of Agriculture, Albuquerque, NM, counsel for Respondent.
VERGILIO, Board Judge.
Order
On April 21, 1999, Precision Pine & Timber, Inc. (purchaser), filed a notice of appeal of a contracting officer’s assessment of $442,921.20 in default damages for failure to cut under the Salt Timber Sale contract, 005937. The claim arises under the purchaser’s contract with the Forest Service of the Department of Agriculture. The board denied the purchaser’s motion for summary relief. Precision Pine & Timber, Inc., AGBCA 99-160-1, 00-2 BCA ¶ 30,942. Following the submission of the appeal file, complaint, and answer, the parties engaged in discovery. Thereafter, they jointly requested and obtained sequential suspensions of proceedings, while awaiting the resolution of a court case involving disputes under the same contract. On October 4, 2011, the purchaser requested a dismissal. Accordingly, the Board grants the request. The appeal 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 Precision Pine & Timber, Inc., CBCA 141. 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.