CBCA 5295

Joseph Grasser t/a Grasser Logging

Nov 17, 2016Judge DanielsDEPARTMENT OF AGRICULTURE
DismissalSettled

Key Facts

Appellant
Joseph Grasser t/a Grasser Logging
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Daniels
Case number
CBCA 5295
Decided
Nov 17, 2016The decision states Nov 17, 2016 on its own face, which agrees with the listing.
Decision type
Dismissal
Law firm for the appellant
The Clarke Firm
Outcome
Settled
The request is granted.
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.

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Appearances

For the appellant
Anthony V. Clarke
The Clarke Firm
Bradford, PA
For the respondent
Jessica A. Franklin
Office of the General Counsel, Department of Agriculture
Milwaukee, WI
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, 1,111 characters, read from the Board's own documentDecided Nov 17, 2016 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED WITH PREJUDICE: November 17, 2016

CBCA 5295

JOSEPH GRASSER t/a GRASSER LOGGING,

Appellant,

v.

DEPARTMENT OF AGRICULTURE,

Respondent.

Anthony V. Clarke of The Clarke Firm, Bradford, PA, 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.

Jessica A. Franklin, Office of the General Counsel, Department of Agriculture, Milwaukee, WI, counsel for Respondent.

DANIELS, Board Judge (Chairman).

Order

The Forest Service, an entity within the Department of Agriculture, awarded Joseph Grasser t/a Grasser Logging (Grasser) a contract for the sale of timber in the Allegheny National Forest. The sale was terminated, and in a contracting officer decision, the Forest Service demanded that Grasser pay it $132,627.61 under the Damages for Failure to Cut or Termination for Breach clause of the contract. Grasser appealed that decision to the Board. Later, the contracting officer revised his decision to reduce the agency’s demand to $76,334.49.

The parties have now settled the case and Grasser has filed a request for dismissal. The request is granted. The case is DISMISSED WITH PREJUDICE.

_________________________

STEPHEN M. DANIELS

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Joseph Grasser t/a Grasser Logging, CBCA 5295. 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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