DISMISSED WITH PREJUDICE: June 2, 2011
CBCA 2355
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF COMMERCE,
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.
Donald J. Walsh of Offitt Kurman, P.A., Owings Mills, MD, counsel for Appellant. Lisa J. Obayashi, Office of the General Counsel, United States Patent and Trademark Office, Department of Commerce, Alexandria, VA, counsel for Respondent.
GOODMAN, Board Judge.
Order
This appeal was filed from an alleged deemed denial of a claim. When the appeal was filed, appellant’s counsel was not aware an appealable contracting officer’s decision had been issued more than ninety days before the appeal was filed. Appellant has now filed a notice of dismissal with prejudice.
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2 CBCA 2355
The appeal is DISMISSED WITH PREJUDICE.
ALLAN H. GOODMAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Xerox Corporation, CBCA 2355. 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.