DISMISSED WITH PREJUDICE: March 20, 2007
CBCA 344
WRANGLER ENTERPRISES, INC.,
Appellant,
v.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
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.
Phillip J. Binotto, Jr. and Marcia L. DePaula of Eckert Seamans Cherin & Mellott, LLC, Canonsburg, PA, counsel for Appellant.
Brenda D. Joseph-Chambers, Office of General Counsel, Department of Housing and Urban Development, Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
Order
Wrangler Enterprises, Inc. (WEI) filed this appeal with the Department of Housing and Urban Development (HUD) Board of Contract Appeals against the Washington County (Pennsylvania) Housing Authority (WCHA). The Government moved to dismiss ______________________________
This appeal was docketed at that board of contract appeals as HUD BCA 06-K-101 C2. On January 6, 2007, the HUD board was terminated and its judges and cases were transferred to the newly-established Civilian Board of Contract Appeals. Pub. L. No. 109
2 CBCA 344
this appeal for lack of jurisdiction under the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 601-613 (2000), citing the fact that appellant’s claim arose out of a contract with the WCHA and not HUD. WEI argued, initially, that it had standing to bring this appeal under the CDA because HUD had funded the contract between WEI and the WCHA.
During a conference call on March 1, 2007, appellant represented that this appeal had been brought because of uncertainty as to the proper forum for bringing its claim against the WCHA and would be willing to stipulate that this Board has no jurisdiction in this appeal. On March 13, 2007, the parties jointly requested that this appeal be dismissed with prejudice.
This appeal is DISMISSED WITH PREJUDICE.
H. CHUCK KULLBERG
Board Judge
163, § 847, 119 Stat. 3136, 3391-95 (2006). The case was docketed by this Board as CBCA 344.
This is a verbatim capture of the text layer of the Board's own document in Wrangler Enterprises, Inc., CBCA 344. 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.