March 1, 2004

SLOW DAY AT THE BENCH. MAJORITY CHASTISES OPINIONATED JUDGE

Agriculture Board of Contract Appeals

Normally, when parties to a suit notify the judges of a settlement, the case is dismissed and nothing further is required in statements from the judges. In this unusual decision by the Agriculture Board of Contract Appeals (AGBCA) in response to a withdrawal of a request for attorney fees pursuant to the Equal Access to Justice Act (EAJA) and a joint request for dismissal of the case, one of the Board judges chose to write an concurring opinion to put the parties on notice they may encounter an impediment to settlement, even though the majority of the Board sees otherwise.

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