RECONSIDERATION DENIED: December 9, 2008
CBCA 97
WHEELER LOGGING, INC.,
Appellant,
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.
Alan I. Saltman of Saltman & Stevens, P.C., Washington, DC, counsel for Appellant. James L. Rosen, Office of the General Counsel, Department of Agriculture, San Francisco, CA, counsel for Respondent.
STERN, Board Judge.
Appellant, Wheeler Logging, Inc. (Wheeler), moves for reconsideration of the Board’s decision dismissing, for lack of jurisdiction, appellant’s claims for idle equipment costs, unabsorbed overhead, and interest. Wheeler claims that the Board erred by failing to properly apply the standard established by the United States Court of Appeals for the Federal Circuit regarding the need for the recertification of a claim under the circumstances before us.
The argument presented by appellant has been already considered by the Board in reaching its determination to dismiss certain of appellant’s claims. Indeed, much of appellant’s argument is taken from the dissenting opinion of our earlier decision. _____________________________
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2 CBCA 97
The motion for reconsideration is DENIED.
JAMES L. STERN
Board Judge
We concur:
HOWARD A. POLLACK1
Board Judge
JERI KAYLENE SOMERS
Board Judge
1For reasons stated in my dissent, I would not dismiss those portions of the appeal that were dismissed. However, I concur with the majority in their basis for denying reconsideration.
This is a verbatim capture of the text layer of the Board's own document in Wheeler Logging, Inc., CBCA 97. 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.