CBCA 6328

Board: CBCA Agency: DEPARTMENT OF VETERANS AFFAIRS Appellant: Robert F. Hyland & Sons, LLC Date: 2021-06-24 Outcome: granted
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GRANTED IN PART: June 24, 2021 CBCA 6328, 6975 ROBERT F. HYLAND & SONS, LLC, Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. Kevin M. Cox of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant. Hank W. Askins, III, Office of General Counsel, Department of Veterans Affairs, Charleston, SC; and David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Portland, OR, counsel for Respondent. Before Board Judges RUSSELL, SHERIDAN, and SULLIVAN. RUSSELL, Board Judge. On June 17, 2021, the parties filed a joint motion for judgment on a stipulated settlement pursuant to which they move the Board for judgment in favor of appellant, Robert F. Hyland & Sons, LLC (Hyland), in the amount of nine hundred thousand dollars ($900,000), to be paid from the judgment fund, 31 U.S.C. § 1304 (2018). Pursuant to the parties’ settlement agreement, Hyland waives any further right it may have to claim for recovery of interest or for attorney fees, costs, and expenses it may have incurred in conjunction with the above-captioned appeals. Further, consistent with Rule 25(b) (48 CFR 6101.25(b) (2020)), the parties, in their motion, state that neither will seek reconsideration of or relief from the Board’s decisions under Rule 26 and 27, and neither will appeal the Board’s decision. CBCA 6328, 6975 2 Decision Pursuant to the parties’ joint motion, the Board GRANTS the appeal IN PART. Appellant is awarded a total of $900,000. Payment may be made from the judgment fund, 31 U.S.C. § 1304. Beverly M. Russell BEVERLY M. RUSSELL Board Judge We concur: Patricia J. Sheridan Marian E. Sullivan PATRICIA J. SHERIDAN MARIAN E. SULLIVAN Board Judge Board Judge