DISMISSED WITH PREJUDICE: March 27, 2007
CBCA 424
CADDELL CONSTRUCTION CO., INC.,
Appellant,
v.
DEPARTMENT OF STATE,
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.
Aubrey L. Coleman, Jr., and Thomas J. Kelleher, Jr., of Smith, Currie & Hancock LLP, Atlanta, GA, counsel for Appellant.
Luisa M. Alvarez, Office of the Legal Adviser, Buildings and Acquisitions, Department of State, Rosslyn, VA, counsel for Respondent.
GOODMAN, Board Judge.
Order
This appeal was filed by appellant on November 15, 2005, from respondent’s contracting officer’s final decision dated September 16, 2005, denying a claim by appellant arising from a contract to construct a United States Embassy compound in Bamako, Mali. Respondent filed a motion for summary relief on April 11, 2006, and appellant filed a response and cross-motion for summary relief on May 1, 2006. Respondent filed a response to appellant’s cross-motion on June 1, 2006, and appellant filed a response on July 5, 2006.
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2 CBCA 424
Thereafter, the Board reviewed the parties’s submissions in support of their motions for summary relief, and conducted a telephonic conference with counsel on October 24, 2006. During that conference, the Board directed counsel to submit additional documentation and stipulations into the record, to clarify their previous submissions. Shortly thereafter, the parties requested that proceedings be suspended to allow them to engage in settlement discussions. On March 23, 2007, appellant filed a motion to dismiss the appeal with prejudice, as the case had been settled.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
ALLAN H. GOODMAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Caddell Construction Co., Inc., CBCA 424. 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.