DISMISSED: November 16, 2007
CBCA 958-C(118)
FLATHEAD CONTRACTORS, LLC,
Applicant,
v.
DEPARTMENT OF AGRICULTURE,
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.
Mark Mann, Flathead Contractors, LLC, Muskogee, OK, appearing for Applicant.
Mary E. Sajna, Office of the General Counsel, Department of Agriculture, Portland, OR, counsel for Respondent.
POLLACK, Board Judge.
Order
Applicant’s “Motion for Award of Fees and Expenses” (Application for Costs) was docketed by the Board on November 1, 2007. The Board notified the parties on November 2, 2007, that the time for filing this action is premature. The Board has received from applicant a Motion to Dismiss the subject application, subject to applicant being able to refile an application at the appropriate time.
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2 CBCA 958-C(118)
Therefore, this application is DISMISSED WITHOUT PREJUDICE to its being refiled no later than thirty calendar days after a final dispositon in the underlying appeal. See Rule 30(b).
HOWARD A. POLLACK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Flathead Contractors, LLC, CBCA 958-C(118). 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.