MOTION FOR SUMMARY RELIEF DENIED: September 1, 2011
CBCA 2127
SAMUEL A. RUBINO,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
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.
Samuel A. Rubino, pro se, Linn Creek, MO.
Sarah G. Rapawy, Office of the General Counsel, Agency for International Development, Washington, DC, counsel for Respondent.
Before Board Judges GILMORE, GOODMAN, and WALTERS.
WALTERS, Board Judge.
This appeal involves a claim by appellant, Samuel A. Rubino, for monies allegedly owed by respondent, the Agency for International Development, for termination of appellant’s personal services contract. Respondent has submitted a motion for summary judgment (which the Board takes as a motion for summary relief) dated August 31, 2011, urging that the appeal should be denied as a matter of law. The Board had denied a similar motion to dismiss on March 22, 2011, because we found there to be genuine issues of material fact yet to be resolved. The recent motion presents no additional facts that would alter the Board’s opinion and merely restates and elaborates upon the same legal arguments that had been presented with the earlier motion and that this Board had considered fully and rejected. Accordingly, we find no basis for reaching a different result with the present motion.
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Decision
The motion for summary relief is DENIED.
RICHARD C. WALTERS
Board Judge
We concur:
BERYL S. GILMORE
Board Judge
ALLAN H. GOODMAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Samuel A. Rubino, CBCA 2127. 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.