DISMISSED WITHOUT PREJUDICE: January 31, 2014
CBCA 3694-C(2235)
RUSSELL SAND & GRAVEL COMPANY, INC.,
Applicant,
v.
INTERNATIONAL BOUNDARY AND WATER COMMISSION,
Respondent.
Mickey Beisman of Law Offices of Mickey Beisman, Albuquerque, NM, counsel for
Applicant.
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.
Luisa M. Alvarez, Office of the Legal Advisor, United States Section, International Boundary and Water Commission, El Paso, TX, counsel for Respondent.
DANIELS, Board Judge (Chairman).
Order
Russell Sand & Gravel Company, Inc. filed an application for fees and other expenses allegedly incurred in prosecuting a case which was decided by this Board, Russell Sand & Gravel Co. v. International Boundary & Water Commission, CBCA 2235, 13 BCA ¶ 35,455. In response to an order to show cause why the case should not be dismissed as prematurely filed, the applicant has withdrawn the application.
Accordingly, the case is DISMISSED WITHOUT PREJUDICE to its reinstatement at a time permitted by the Equal Access to Justice Act, 5 U.S.C. § 504 (2012).
_________________________
STEPHEN M. DANIELS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Russell Sand & Gravel Company, Inc, CBCA 3694-C(2235). 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.