DISMISSED WITH PREJUDICE: March 15, 2012
CBCA 2485
QUALITY BUILT POLE BUILDINGS,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
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.
Tom Vermeesch, Owner of Quality Built Pole Buildings, Bay City, MI, appearing for Appellant.
Ronald Mulach, Office of the General Counsel, Department of Agriculture, Milwaukee, WI, counsel for Respondent.
HYATT, Board Judge.
Order
On February 16, 2012, the Board received a status report from respondent, advising that all issues in the appeal had been settled and attaching a copy of the settlement agreement, which provided that appellant would withdraw its appeal within five business days after execution. The agreement was executed on February 7, 2012.
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2 CBCA 2485
When no communication from appellant withdrawing the appeal was timely received, the Board, on February 22, 2012, issued an order requesting appellant to file a statement advising the Board whether or not it objected to dismissal of the appeal with prejudice. The order further stated that if no statement was received from appellant by February 29, 2012, appellant would be deemed to have no objection.
Appellant has not responded to this order. Accordingly, the appeal is DISMISSED WITH PREJUDICE.
CATHERINE B. HYATT
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Quality Built Pole Buildings, CBCA 2485. 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.