DISMISSED WITHOUT PREJUDICE: October 28, 2011
CBCA 2541
SHOW LOW CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Joseph E. McGarry of Lewis and Roca LLP, Phoenix, AZ, 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.
Peter Fondry, Office of the Solicitor, Department of the Interior, Albuquerque, NM, counsel for Respondent.
STERN, Board Judge.
Order
On August 31, 2011, appellant filed this appeal under the Contract Disputes Act, 41 U.S.C.A. § 7103(f)(5) (West 2011), from the failure of the contracting officer (CO) to issue a final decision.
On September 12, 2011, the Board directed the CO to issue a final decision within sixty days or show cause to the Board why such a decision should not be issued. Such a decision has not been issued.
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2 CBCA 2541
Appellant moves to dismiss the appeal without prejudice on the basis that it has commenced settlement negotiations with the Department of the Interior and no longer desires that a final decision be issued.
In accordance with appellant’s request, the appeal is hereby DISMISSED WITHOUT PREJUDICE.
JAMES L. STERN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Show Low Construction, Inc., CBCA 2541. 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.