DISMISSED WITHOUT PREJUDICE: September 17, 2009
CBCA 1720
TARHEEL SPECIALTIES, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
Richard D. Lieberman and Gabriel D. Soll of McCarthy, Sweeney & Harkaway, P.C., Washington, DC, counsel for Appellant.
Jennifer L. Howard, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
WALTERS, Board Judge.
Order
The Board is in receipt of a joint request that this appeal be dismissed without prejudice. The appeal had been based on a claim for over $100,000 that had not been certified under the Contract Disputes Act, 41 U.S.C. §§ 601-613 (2006). Subsequent to the appeal, appellant, Tarheel Specialties, Inc. (Tarheel), submitted a certified claim, which is currently being reviewed by the contracting officer. Once a decision is issued, Tarheel will determine its further course of action. Pending such decision, the parties have agreed to dismiss the instant appeal without prejudice, and the Board finds this request appropriate. _______________________________
2 CBCA 1720
Accordingly, the appeal is hereby DISMISSED WITHOUT PREJUDICE.
RICHARD C. WALTERS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Tarheel Specialties, Inc., CBCA 1720. 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.