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Omni Development Corp. v. Schafer

Citation: 311 F. App'x 330Docket: No. 2008-1197

Court: Court of Appeals for the Federal Circuit; May 30, 2008; Federal Appellate Court

Narrative Opinion Summary

The Secretary of Agriculture has filed a motion to dismiss Omni Development Corporation’s appeal regarding decisions made by the United States Civilian Board of Contract Appeals in cases 609-C and 610-C, citing the appeal as untimely. Omni Development Corporation does not oppose this motion. The order grants the Secretary’s motion, resulting in the dismissal of the appeal, with each party responsible for its own costs.

Legal Issues Addressed

Allocation of Costs

Application: Each party was ordered to bear its own costs following the dismissal of the appeal.

Reasoning: The order grants the Secretary’s motion, resulting in the dismissal of the appeal, with each party responsible for its own costs.

Consent to Motion

Application: Omni Development Corporation did not oppose the motion to dismiss the appeal.

Reasoning: Omni Development Corporation does not oppose this motion.

Timeliness of Appeal

Application: The appeal was dismissed due to it being filed beyond the allowed time frame.

Reasoning: The Secretary of Agriculture has filed a motion to dismiss Omni Development Corporation’s appeal regarding decisions made by the United States Civilian Board of Contract Appeals in cases 609-C and 610-C, citing the appeal as untimely.