GRANTED IN PART: October 19, 2011
SHAWN MONTEE TIMBER CO., INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Richard W. Goeken of Saltman & Stevens, P.C., 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.
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture, Missoula, MT; and Benjamin Hartman, Office of the General Counsel, Department of Agriculture, Portland, OR, counsel for Respondent.
Before Board Judges VERGILIO, POLLACK, and STEEL.
POLLACK, Board Judge.
On October 6, 2011, the parties submitted a joint stipulation for judgment, which provided that the parties had executed a settlement agreement settling and mutually releasing any and all claims arising out of, or related to the above-captioned appeals. In settlement, the Government agrees to pay appellant $175,000, such amount to include all interest, fees, costs, and attorney fees. The parties ask that the Board enter judgment for $175,000 with payment to be made through the permanent indefinite judgment fund. The settlement agreement provided with the joint stipulation provides that the Board’s decision will be final and binding upon the parties and not subject to further appeal.
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2CBCA 94, 102, 106, 137, 138, 139, 140
Decision
The Board GRANTS IN PART the appeals. In accordance with the parties’ stipulation and settlement agreement, the Board awards appellant $175,000 for all claims on the above-captioned appeals. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2006).
HOWARD A. POLLACK
Board Judge
We concur:
JOSEPH A. VERGILIO
Board Judge
CANDIDA S. STEEL
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Shawn Montee Timber Co., Inc., CBCA 94, 102, 106, 137, 138, 139, 140. 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.