DISMISSED: August 17, 2012
CBCA 2898
TORNADO SOFT EXCAVATION, LLC,
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.
Patrick Ryan, Owner of Tornado Soft Excavation, LLC, Independence, OR, appearing for Appellant.
Zoey L. Kohn, Office of General Counsel, Department of Agriculture, Portland, OR, counsel for Respondent.
POLLACK, Board Judge.
Order
On July 24, 2012, the Board docketed CBCA 2898 in response to a filing from appellant that was received by the Board on July 19, 2012. It has been determined that the filing was not intended as an appeal, but rather was intended as a filing in CBCA 2857. On August 2, 2012, the Board held a telephone conference with the parties to clarify the status of CBCA 2898. The parties agreed that the docketed matter was not intended as a separate __________________________
2 CBCA 2898
appeal, that the newly docketed appeal should be dismissed, and that the matter would continue to be pursued under CBCA 2857. Accordingly, the appeal in CBCA 2898 is DISMISSED.
HOWARD A. POLLACK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Tornado Soft Excavation, LLC, CBCA 2898. 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.