DISMISSED WITH PREJUDICE: September 5, 2007
CBCA 812
DUVALL-COULTER ASSOCIATES, INC.,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Laurence Schor and Susan L. Schor of McManus, Schor, Asmar & Darden, L.L.P.,
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.
Charles K. Bucknor, Jr. and Dennis Adelson, Office of the Solicitor, Department of Labor, Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
Order
On July 11, 2007, the Board received notice of this appeal. Appellant cited the failure of the contracting officer to issue a final decision on its claim as the basis for its appeal. The Government filed a motion to dismiss this appeal for lack of jurisdiction on August 6, 2007. The Government asserted that appellant’s claim did not arise out of a contract, but rather, it was in the nature of a bid protest. On August 27, 2007, appellant filed a motion to withdraw this appeal and requested that the Board dismiss this appeal with prejudice.
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2 CBCA 812
The Board DISMISSES WITH PREJUDICE this appeal.
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Duvall-Coulter Associates, Inc., CBCA 812. 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.