DISMISSED WITH PREJUDICE: June 5, 2013
CBCA 3131(2075)-REM
KD1 DEVELOPMENT, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
Douglas C. LaSota of Dickie, McCamey & Chilcote, P.C., Pittsburgh, PA, counsel for Appellant.
Lesley M. Busch, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
Order
Upon remand from the Court of Appeals for the Federal Circuit, following its decision in KD1 Development, Inc. v. Johnson, No. 2012-160 (Fed. Cir. Oct. 23, 2012) (non-precedential), the parties have resolved the question of quantum. The appellant has received full payment pursuant to the agreement. By submission dated June 4, 2013, the parties jointly move for a dismissal with prejudice.
The Board DISMISSES WITH PREJUDICE the appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in KD1 Development, INC,, CBCA 3372. 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.