GRANTED IN PART: December 13, 2016
CBCA 5542
THE DOW CHEMICAL COMPANY AND THE BOEING COMPANY,
Appellants,
v.
DEPARTMENT OF ENERGY,
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.
Scott M. McCaleb, Jon W. Burd, and Gary S. Ward of Wiley Rein LLP, Washington, DC, counsel for Appellant.
Stephen C. Skubel, Office of the General Counsel, Department of Energy, Washington, DC; and Mell Roy, Office of Chief Counsel, Department of Energy, Cincinnati, OH, counsel for Respondent.
Before Board Judges SULLIVAN, O’ROURKE, and BEARDSLEY.
SULLIVAN, Board Judge.
On December 9, 2016, the parties submitted to the Board executed copies of a joint stipulation of settlement and joint motion for consent judgment. The parties requested that the Board enter judgment in the amount of $131,250,000 for The Dow Chemical Company (Dow) and $243,750,000 for the Boeing Company (Boeing), with payment to be made through the permanent indefinite judgment fund in accordance with 31 U.S.C. § 1304 (2012). Rule 25(b) (48 CFR 6101.25(b) (2015)).
The parties also agreed that if the payments are made by July 28, 2017, no interest will be paid. The parties have agreed that they will not seek appeal of, reconsideration of, or relief from, the Board’s decision.
Decision
The Board GRANTS IN PART the appeal. Dow shall be paid $131,250,000, and Boeing shall be paid $243,750,000. Rule 25(b). If payment is not made by July 28, 2017, interest shall also be paid on the principal amounts, running from that date until the date of payments at rates prescribed by the Secretary of the Treasury pursuant to 41 U.S.C.§ 7109 (b). Payment may be made from the permanent indefinite judgment fund. 31 U.S.C. § 1304. ___________________________
MARIAN E. SULLIVAN
Board Judge
We concur:
KATHLEEN J. O’ROURKE
Board Judge
ERICA S. BEARDSLEY
Board Judge
This is a verbatim capture of the text layer of the Board's own document in The Dow Chemical Company and the Boeing Company, CBCA 5542. 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.