CBCA 781

Xerox Corporation

Sep 18, 2007Judge KullbergAGENCY FOR INTERNATIONAL DEVELOPMENT
Not published in the listingWithdrawn

Key Facts

Appellant
Xerox Corporation
Respondent agency
AGENCY FOR INTERNATIONAL DEVELOPMENT
Judge
Kullberg
Case number
CBCA 781
Decided
Sep 18, 2007The decision states Sep 18, 2007 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
McCarthy, Sweeney & Harkaway, P.C.
Outcome
Withdrawn
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
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.

Topics

The topic rules ran over this decision's own words and none of them matched.

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Appearances

For the appellant
Richard D. Lieberman
McCarthy, Sweeney & Harkaway, P.C.
Washington, DC
For the respondent
John B. Alumbaugh and William C. Buckhold
Office of the General Counsel, Agency for International Development
Washington, DC
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, 1,668 characters, read from the Board's own documentDecided Sep 18, 2007 on its own faceRespondent AGENCY FOR INTERNATIONAL DEVELOPMENT Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED WITH PREJUDICE: September 18, 2007

CBCA 781

XEROX CORPORATION,

Appellant,

v.

AGENCY FOR INTERNATIONAL DEVELOPMENT,

Respondent.

Richard D. Lieberman of McCarthy, Sweeney & Harkaway, P.C., Washington, DC,

counsel for Appellant.

John B. Alumbaugh and William C. Buckhold, Office of the General Counsel,

Agency for International Development, Washington, DC, counsel for 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.

KULLBERG, Board Judge.

Order

On May 31, 2007, appellant brought this appeal citing the failure of the contracting officer to issue a decision on its claim of $49,260.37. On June 1, 2007, the Board ordered the Government to issue a contracting officer’s decision or advise when such a decision would be issued. The Board was subsequently advised by the parties during a conference call on September 6, 2007, that the Government was in the process of paying the various invoices that comprised appellant’s claim, but was not certain when all invoices would be paid. ______________________

2 CBCA 781

Board’s Conference Memorandum (Sept. 7, 2007). In light of the Government’s ongoing effort to pay the full amount of appellant’s claim, the Board’s September 7, 2007, Order suspended proceedings for a period up to forty-five days and further directed that the parties advise the Board on or before the end of the period of suspension whether this appeal could be dismissed with prejudice.

On September 12, 2007, appellant filed a motion to dismiss this appeal in that the Government had paid the entire amount of its claim. The Board deems appellant’s motion to be a request for a dismissal with prejudice.

Accordingly, this appeal is DISMISSED WITH PREJUDICE.

H. CHUCK KULLBERG

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Xerox Corporation, CBCA 781. 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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