Ulric McMillan D/b/a/ Atrum Graphics Studio v. The United States

Federal Circuit

Ulric McMillan D/b/a/ Atrum Graphics Studio v. The United States

833 F.2d 1022, 1987 U.S. App. LEXIS 600, 1987 WL 44991

CourtCourt of Appeals for the Federal Circuit

DecidedOctober 9, 1987

Docket87-1381

StatusUnpublished

This text of 833 F.2d 1022 (Ulric McMillan D/b/a/ Atrum Graphics Studio v. The United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ulric McMillan D/b/a/ Atrum Graphics Studio v. The United States, 833 F.2d 1022, 1987 U.S. App. LEXIS 600, 1987 WL 44991 (Fed. Cir. 1987).

Pincite

Opinion

833 F.2d 1022

Unpublished Disposition
NOTICE: Federal Circuit Local Rule 47.8(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order.
Ulric McMILLAN d/b/a/ Atrum Graphics Studio, Appellant,
v.
The UNITED STATES, Appellee.

No. 87-1381

United States Court of Appeals, Federal Circuit.

October 9, 1987.

Before MARKEY, Chief Judge, RICH and MAYER, Circuit Judges.

PER CURIAM.

DECISION

The decision of the General Services Administration Board of Contract Appeals (board), Docket Nos. 7029-COM, 7070-COM, and 7306-COM, concluding that the United States is entitled to claim an overpayment of $6,129.23 and denying McMillan's motion to reopen the evidentiary record, is affirmed.

OPINION

McMillan's unsupported attack on the government auditor merely disagrees with credibility determinations made by the administrative judge. See Griessenauer v. Department of Energy, 754 F.2d 361, 364 (Fed. Cir. 1985). His contention that the board failed to consider his 1981 payroll records is refuted by the record. The board correctly refused McMillan's motion to reopen the evidentiary record, because he failed to prove he was excusably ignorant of the evidence he wished to belatedly introduce. See 1776 K St. Assocs. v. United States, 602 F.2d 354, 357 (Ct. Cl. 1979), cert. denied, 447 U.S. 905 (1980).

We affirm on the basis of the board's opinion because we do not find the decision fraudulent, arbitrary, capricious, or so grossly erroneous as to necessarily imply bad faith, or unsupported by substantial evidence. 41 U.S.C. Sec. 609(b) (Supp. 1987); see Erickson Air Crane Co. of Washington v. United States, 731 F.2d 819, 814 (Fed. Cir. 1984).

Free access — add to your briefcase to read the full text and ask questions with AI

833 F.2d 1022

Unpublished Disposition
NOTICE: Federal Circuit Local Rule 47.8(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order.
Ulric McMILLAN d/b/a/ Atrum Graphics Studio, Appellant,
v.
The UNITED STATES, Appellee.

No. 87-1381

United States Court of Appeals, Federal Circuit.

October 9, 1987.

Before MARKEY, Chief Judge, RICH and MAYER, Circuit Judges.

PER CURIAM.

DECISION

The decision of the General Services Administration Board of Contract Appeals (board), Docket Nos. 7029-COM, 7070-COM, and 7306-COM, concluding that the United States is entitled to claim an overpayment of $6,129.23 and denying McMillan's motion to reopen the evidentiary record, is affirmed.

OPINION

McMillan's unsupported attack on the government auditor merely disagrees with credibility determinations made by the administrative judge. See Griessenauer v. Department of Energy, 754 F.2d 361, 364 (Fed. Cir. 1985). His contention that the board failed to consider his 1981 payroll records is refuted by the record. The board correctly refused McMillan's motion to reopen the evidentiary record, because he failed to prove he was excusably ignorant of the evidence he wished to belatedly introduce. See 1776 K St. Assocs. v. United States, 602 F.2d 354, 357 (Ct. Cl. 1979), cert. denied, 447 U.S. 905 (1980).

We affirm on the basis of the board's opinion because we do not find the decision fraudulent, arbitrary, capricious, or so grossly erroneous as to necessarily imply bad faith, or unsupported by substantial evidence. 41 U.S.C. Sec. 609(b) (Supp. 1987); see Erickson Air Crane Co. of Washington v. United States, 731 F.2d 819, 814 (Fed. Cir. 1984).

Cite This Page — Counsel Stack

Bluebook (online)

833 F.2d 1022, 1987 U.S. App. LEXIS 600, 1987 WL 44991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ulric-mcmillan-dba-atrum-graphics-studio-v-the-united-states-cafc-1987.

Opinion

Related

Cite This Page — Counsel Stack