DISMISSED WITH PREJUDICE: August 23, 2007
CBCA 815
CHOOSHGAI COMMUNITY SCHOOL,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
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.
Sampson Martinez, Gallup, NM, counsel for Appellant.
Keith W. Weaver, Office of the Solicitor, Department of the Interior, Albuquerque, NM, counsel for Respondent.
POLLACK, Board Judge.
Order
On August 13, 2007, the Board received a joint stipulation from the parties concerning the filing of appellant’s notice of appeal in this case. In that stipulation, the parties agreed that appellant’s notice of appeal had not been filed within the statutorily prescribed time period required under the Contract Disputes Act, 41 U.S.C. § 606, as it had not met the ninety-day limitation. The parties further stipulated that no proper appeal was ever filed with the Board and further stipulated that the dismissal would not preclude a timely filing at the United States Court of Federal Claims.
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2 CBCA 815
In the joint stipulation, the parties asked that the Board dismiss the appeal with prejudice.
To effectuate the parties’ request, this appeal is DISMISSED WITH PREJUDICE.
HOWARD A. POLLACK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Chooshgai Community School, CBCA 815. 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.