CBCA 94, 102, 106, 137, 138, 139, 140

Shawn Montee Timber Co., Inc.

Oct 19, 2011Judge PollackDEPARTMENT OF AGRICULTURE
Not published in the listingGranted in partby agreement

Key Facts

Appellant
Shawn Montee Timber Co., Inc.
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Pollack
Case number
CBCA 94, 102, 106, 137, 138, 139, 140This cell names 7 dockets: 94, 102, 106, 137, 138, 139, 140.
Decided
Oct 19, 2011The decision states Oct 19, 2011 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
Saltman & Stevens, P.C.
Outcome
Granted in partEntered by agreement of the parties.
The Board GRANTS IN PART the appeals.
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.

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
Richard W. Goeken
Saltman & Stevens, P.C.
Washington, DC
For the respondent
Jennifer T. Newbold
Office of the General Counsel, Department of Agriculture
Missoula, MT
For the respondent
Benjamin Hartman
Office of the General Counsel, Department of Agriculture
Portland, OR
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, 1,707 characters, read from the Board's own documentDecided Oct 19, 2011 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Other statutes1

Read from the decision's own words with no model involved. Statutes, regulations, the acts these forums argue by name, and cases at the board, this office or the Comptroller General are recognized; any other citation form is left out rather than guessed at, so this is a floor on what the decision cites.

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.

_________________________________

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.

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