DISMISSED WITH PREJUDICE: August 22, 2013
CBCA 2593
AERO UNION CORPORATION,
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.
Gerard J. Leimkuhler, Managing Partner of Berwyn Capital Interests, Berwyn, PA, appearing for Appellant.
Elin M. Dugan, Office of the General Counsel, Department of Agriculture, San Francisco, CA, counsel for Respondent.
Before Board Judges VERGILIO, GOODMAN, and SHERIDAN.
VERGILIO, Board Judge.
On October 14, 2012, the Board received a notice of appeal from Aero Union Corporation (contractor) disputing the termination for default of its contract, AG-024B-C-08-9277, with the Department of Agriculture, Forest Service (agency), under which the contractor had provided aircraft for use in fighting forest fires. With a hearing on the merits set and the date for the submission of pre-hearing briefs and witness and exhibit lists passed, the contractor provided notice that because it lacks resources it does not intend further to pursue the appeal. The agency has filed a motion to dismiss with prejudice based upon the contractor’s failure to prosecute. The contractor opted to file no response.
Because the contractor is not pursuing the appeal, the appeal is hereby DISMISSED WITH PREJUDICE.
______________________________
JOSEPH A. VERGILIO
Board Judge
We concur:
ALLAN H. GOODMAN
Board Judge
PATRICIA J. SHERIDAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in AERO Union Corporation, CBCA 2593. 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.