DISMISSED WITH PREJUDICE: May 29, 2009
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 and Eric S. Pohlner 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.
Order
This appeal was brought by Wheeler Logging, Inc. (Wheeler) from the denial by a contracting officer of the Department of Agriculture (USDA) of Wheeler’s claim for damages arising out of the USDA’s alleged breach of its timber sale contract with Wheeler. The appeal ________________________________
2 CBCA 97
was filed on November 9, 2004. During the course of lengthy pretrial proceedings the Board dismissed a portion of Wheeler’s claim.
Wheeler has moved to dismiss the appeal based upon a settlement agreement resolving all remaining issues. In accordance with that agreement, the appeal is hereby DISMISSED WITH PREJUDICE.
JAMES L. STERN
Board Judge
The appeal was brought before the Department of Agriculture Board of Contract Appeals (AGBCA). Pursuant to statute, all the cases pending before the AGBCA were transferred to the Civilian Board of Contract Appeals on January 6, 2007. Pub. L. No. 109-163, § 847, 119 Stat. 3136 (2006).
Wheeler Logging, Inc. v. Department of Agriculture, CBCA 97, 08-2 BCA ¶ 33,984, motion for reconsideration denied, 09-1 BCA ¶ 34,025 (2008), motion for full board consideration denied (Jan. 29, 2009).
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.