DISMISSED WITH PREJUDICE: April 26, 2010
CBCA 1892
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Donald J. Walsh of Offit Kurman, Owings Mills, MD, 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.
Kimberly L. Moore, Office of the General Counsel, Department of Transportation, Washington, DC, counsel for Respondent.
DANIELS, Board Judge (Chairman).
Order
Xerox Corporation (Xerox) contracted to sell and lease duplicating machines to the Department of Transportation, and to provide supplies and services to maintain those machines. Xerox alleges that it provided the machines, supplies, and services, but that the agency did not pay the amount invoiced for them, $70,854.81. Xerox claimed entitlement to that amount. It later appealed from the agency’s contracting officer’s deemed denial of the claim.
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2 CBCA 1892
Xerox has now filed a notice to dismiss the appeal with prejudice, stating that the parties have settled the matter by payment of the amounts stated in the invoices at issue. Accordingly, the appeal is DISMISSED WITH PREJUDICE.
STEPHEN M. DANIELS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Xerox Corporation, CBCA 1892. 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.