DISMISSED WITH PREJUDICE: December 16, 2014
CBCA 3735
SBBI, INC.,
Appellant,
v.
INTERNATIONAL BOUNDARY AND WATER COMMISSION,
Respondent.
John T. Flynn of Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta, GA,
counsel for Appellant.
Matthew A. Myers, Sr., and Rebecca Ann Rizzuti, Office of the Legal Advisor,
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.
United States Section, International Boundary and Water Commission, United States and Mexico, El Paso, TX, counsel for Respondent.
GOODMAN, Board Judge.
Order
The parties have filed a joint request for dismissal of this appeal with prejudice, with their agreement that “appellant’s claim for overplanned quantities which was part of this appeal and CBCA 3559 survives in CBCA 3559 and is not dismissed by this agreement.” Accordingly, this appeal is DISMISSED WITH PREJUDICE, with appellant’s claim for overplanned quantities surviving to be resolved in CBCA 3559.
__________________________
ALLAN H. GOODMAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in SBBI, Inc., CBCA 3735. 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.