DISMISSED WITH PREJUDICE: August 9, 2007
AVINO CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Kevin M. Cox of Camardo Law Firm, P.C., Auburn, NY, 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.
Mark R. Simpson, Office of the General Counsel, Department of Agriculture, Atlanta, GA, counsel for Respondent.
POLLACK, Board Judge.
Order
These appeals arise out of separate final decisions, each on a separate contract between Avino Construction, Inc. and the Department of Agriculture, Forest Service (FS), Francis Marion & Sumter National Forests. Avino sought funds being withheld by the FS on the contracts, the FS contending that it was entitled to the sums due to forbearing in default proceedings and allowing Avino to continue work beyond the contract end date. The Board was initially advised by letter dated February 27, 2007, that the appellant was prepared to dismiss the case on the basis of a settlement with the FS. Issues relating to the verification of payment, however, arose and the Board held off on dismissal. On August 8, 2007, the Board was advised in a telephone conference that the settlement has been paid and the parties have agreed that the appeals be dismissed with prejudice.
___________________________
2 CBCA 562, 563
Accordingly, the appeals are DISMISSED WITH PREJUDICE.
HOWARD A. POLLACK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Avino Construction, Inc., CBCA 562, 563. 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.