DISMISSED WITH PREJUDICE: October 4, 2024
CBCA 7662
320 MERRICK ROAD, LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Frank S. Murray of Foley & Lardner LLP, Washington, DC, 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.
Elin M. Dugan, Office of the General Counsel, Department of Agriculture, San Francisco, CA; and Michelle M. Weiner, Office of the General Counsel, Department of Agriculture, Charlotte, NC, counsel for Respondent.
O’ROURKE, Board Judge.
Order
On October 2, 2024, appellant, 320 Merrick Road, LLC, moved to dismiss this appeal with prejudice, pursuant to Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)). Appellant requests dismissal based on the parties’ successful resolution of the underlying dispute. The appeal is DISMISSED WITH PREJUDICE.
Kathleen J. O’Rourke
Board Judge
This is a verbatim capture of the text layer of the Board's own document in 320 Merrick Road, LLC, CBCA 7662. 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.