DISMISSED WITH PREJUDICE: February 6, 2008
CBCA 878
1 CONSORTIUM, INC.,
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.
Thomas M. Ubl, Chief Executive Officer of 1 Consortium, Inc., Merritt Island, FL, appearing for Appellant.
Charles B. Wallace, Office of the Solicitor, Department of the Interior, Washington, DC, counsel for Respondent.
McCANN, Board Judge.
On November 21, 2007, the respondent filed a motion for summary relief in this case contending that no material facts were in dispute and asserting that respondent was entitled to judgment as a matter of law. By letter dated January 2, 2008, appellant informed the Board that it would not oppose respondent’s motion. On February 4, 2008, the Board contacted appellant by telephone and determined that appellant intended, by not opposing respondent’s motion, to withdraw its appeal with prejudice.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
R. ANTHONY McCANN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in 1 Consortium, Inc., CBCA 878. 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.