CBCA 4698

James A. Cummings, Inc.

Mar 22, 2016Judge KullbergDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted in part

Key Facts

Appellant
James A. Cummings, Inc.
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Kullberg
Case number
CBCA 4698
Decided
Mar 22, 2016The decision states Mar 22, 2016 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Braude Law Group, P.C., Troutman Sanders LLP
Outcome
Granted in part
The Board GRANTS IN PART the appeal.
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
Herman M. Braude
Braude Law Group, P.C.
Washington, DC
For the appellant
Jason D. McLarry
Troutman Sanders LLP
Atlanta, GA
For the respondent
Benjamin M. Diliberto and Charlma Quarles and Stacey North-Willis
Office of General Counsel, Department of Veterans Affairs
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, 1,469 characters, read from the Board's own documentDecided Mar 22, 2016 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

3 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Contract Disputes Act1
Other statutes1
Agency FAR supplements1

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GRANTED IN PART: March 22, 2016

CBCA 4698

JAMES A. CUMMINGS, INC.,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent.

Herman M. Braude of Braude Law Group, P.C., Washington, DC; and Jason D.

McLarry of Troutman Sanders LLP, Atlanta, GA, counsel for Appellant.

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.

Benjamin M. Diliberto, Charlma Quarles, and Stacey North-Willis, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.

Before Board Judges DANIELS (Chairman), DRUMMOND, and KULLBERG.

KULLBERG, Board Judge.

On March 18, 2016, the parties submitted to the Board executed copies of a joint motion for judgment on stipulated settlement. The parties requested that the Board enter judgment in the amount of $1,425,000, with payment to be made through the judgment fund in accordance with 31 U.S.C. § 1304 (2012) and 41 U.S.C. § 7108. Rule 25(b) (48 CFR 6101.25(b) (2015)). The parties have agreed that they will not seek appeal of, reconsideration of, or relief from, the Board’s decision, and that each party will be responsible for its costs, attorney fees, and expenses incurred in the litigation of this appeal.

Decision

The Board GRANTS IN PART the appeal. The Government shall pay appellant the sum of $1,425,000. Payment shall be made from the judgment fund. 31 U.S.C. § 1304; 41 U.S.C. § 7108.

______________________

H. CHUCK KULLBERG

Board Judge

We concur:

STEPHEN M. DANIELS

Board Judge

JEROME M. DRUMMOND

Board Judge

This is a verbatim capture of the text layer of the Board's own document in James A. Cummings, Inc., CBCA 4698. 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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