CBCA 406, 409

Richard E. McCleary

Apr 30, 2007Judge ParkerGENERAL SERVICES ADMINISTRATION
Not published in the listingGranted in partby agreement

Key Facts

Appellant
Richard E. McCleary
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Parker
Case number
CBCA 406, 409This cell names 2 dockets: 406, 409.
Decided
Apr 30, 2007The decision states Apr 30, 2007 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
Miles & Stockbridge P.C.
Outcome
Granted in partEntered by agreement of the parties.
The Board adopts the parties' settlement agreement and, consequently, these appeals are GRANTED IN PART.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

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Appearances

For the appellant
Thomas E. Lynch, III and John E. Prominski, Jr.
Miles & Stockbridge P.C.
Frederick, MD
For the respondent
Richard O. Hughes
Office of General Counsel, General Services Administration
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 2,117 characters, read from the Board's own documentDecided Apr 30, 2007 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Other statutes1

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GRANTED IN PART: April 30, 2007

RICHARD E. McCLEARY,

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.

Thomas E. Lynch, III, and John E. Prominski, Jr., of Miles & Stockbridge P.C., Frederick, MD, counsel for Appellant.

Richard O. Hughes, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges PARKER, BORWICK, and DeGRAFF.

PARKER, Board Judge.

Appellant, Richard E. McCleary (McCleary), appealed three final decisions of a General Services Administration (GSA) contracting officer regarding the termination of lease number GS-03B-99011 for a warehouse located in Kearneysville, West Virginia. On April 23, 2007, the parties filed a joint request for entry of judgment and a settlement agreement that stated, in pertinent part:

___________________________

2 CBCA 406, 409

2. Settlement Payment. GSA and McCleary agree that payment from the United States to McCleary for a total sum of $495,000.00 . . . will constitute full and final settlement of this Appeal. . . .

. . . .

4. Processing the Settlement Payment. . . . GSA shall submit requests for payment of the Settlement Amount to the Treasury Department’s Financial Management Service within three business days after receipt of the Board’s entry of judgment . . . .

The parties also agreed that if payment is not received by appellant within thirty days, appellant shall be entitled to interest on the settlement amount commencing on the thirty-first day after the date of this decision. They have also stated that neither party will seek reconsideration of, or relief from, the Board’s decision, and that neither party will appeal the Board’s decision.

Decision

The Board adopts the parties’ settlement agreement and, consequently, these appeals are GRANTED IN PART. In accordance with the settlement agreement, appellant is awarded $495,000, to be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304.

ROBERT W. PARKER

Board Judge

We concur:

ANTHONY S. BORWICK

Board Judge

MARTHA H. DeGRAFF

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Richard E. McCleary, CBCA 406, 409. 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.

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