GRANTED IN PART: June 24, 2021
CBCA 6328, 6975
ROBERT F. HYLAND & SONS, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
Hank W. Askins, III, Office of General Counsel, Department of Veterans Affairs, Charleston, SC; and David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Portland, OR, counsel for Respondent.
Before Board Judges RUSSELL, SHERIDAN, and SULLIVAN.
RUSSELL, Board Judge.
On June 17, 2021, the parties filed a joint motion for judgment on a stipulated settlement pursuant to which they move the Board for judgment in favor of appellant, Robert
F. Hyland & Sons, LLC (Hyland), in the amount of nine hundred thousand dollars
($900,000), to be paid from the judgment fund, 31 U.S.C. § 1304 (2018). Pursuant to the parties’ settlement agreement, Hyland waives any further right it may have to claim for recovery of interest or for attorney fees, costs, and expenses it may have incurred in conjunction with the above-captioned appeals. Further, consistent with Rule 25(b) (48 CFR 6101.25(b) (2020)), the parties, in their motion, state that neither will seek reconsideration of or relief from the Board’s decisions under Rule 26 and 27, and neither will appeal the Board’s decision.
Decision
Pursuant to the parties’ joint motion, the Board GRANTS the appeal IN PART.
Appellant is awarded a total of $900,000. Payment may be made from the judgment fund, 31 U.S.C. § 1304.
Beverly M. Russell
Board Judge
We concur:
Patricia J. Sheridan
Board Judge
Marian E. Sullivan
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Robert F. Hyland & Sons, LLC, CBCA 6328, 6975. 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.