DISMISSED WITH PREJUDICE: July 23, 2009
CBCA 1458
BAGBY ELEVATOR COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
Christopher C. Mingledorff of Moore Ingram Johnson & Steele, LLP, Marietta, GA, counsel for Appellant.
Harold W. Askins, III, Office of Regional, Department of Veterans Affairs, Decatur, GA, counsel for Respondent.
VERGILIO, Board Judge.
Order
On December 22, 2008, the Board received a notice of appeal from Bagby Elevator Company, Inc. (contractor), filed pursuant to the Contract Disputes Act of 1978, as amended, 41 U.S.C. §§ 601-613 (2006) (CDA). Underlying this dispute is the contractor’s contract, V247-P-0078, with the Department of Veterans Affairs. The contractor seeks money for work performed on two elevator projects--one in Decatur, Georgia, and one in Montgomery, Alabama. For Georgia, it seeks $16,873.69 for labor, services, and materials to repair damages it claims were caused by non-contractor testing procedures, and $3960.70 for contractual maintenance. For Alabama, it seeks $3160.31 for contractual maintenance. On July 22, 2009, the Board received from the contractor a request for an order of dismissal pursuant to Rule 12(c). Accordingly, the Board DISMISSES WITH PREJUDICE this appeal.
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Bagby Elevator Company, Inc., CBCA 1458. 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.