GRANTED IN PART:  May 20, 2008 
CBCA 2 
ROESLER INDUSTRIAL DISTRIBUTING COMPANY, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Ruth G. Tiger of Saltman & Stevens, P.C., Washington, DC, counsel for Appellant 
Michael E. Trow, Office of the General Counsel, Department of Agriculture, 
Portland, OR, counsel for Respondent. 
Before Board Judges POLLACK , STEEL, and DRUMMOND. 
POLLACK, Board Judge. 
This appeal arises out of timber sale contract no. 075902 between Roesler Industrial 
Distributing Company (Roesler) and the United States Department of Agriculture, Forest 
Service (FS).  Roesler filed its appeal on March 27, 1997, at the Department of Agriculture 
Board of Contract Appeals, claiming  $1,037,167. The matter was docketed as AGBCA No. 
97-139-1.  Thereafter, the appeal was placed in suspense and ultimately reinstated on the 
board’s docket in January 2003 as AGBCA No. 2003-141-1.  The matter was then 
transferred to the Civilian Board of Contract Appeals and docketed as CBCA 2, upon 
consolidation of the civilian agency boards of contract appeals.    

 
 
   
 
 
 
   
 
   
  
   
 
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2 CBCA 2 
The parties thereafter engaged in discovery, as well as awaited decision on a case 
at the Court of Federal Claims (on further appeal to the Court of Appeals for the Federal 
Circuit), involving another contractor, but similar issues.   The parties anticipated that the 
decision in that case could serve to resolve a number of issues in the instant appeal.  
On June 1, 2007, the Board issued a ruling, denying cross-motions for summary 
judgment filed by the parties,  and on November 29, 2007, the Board issued a proof of costs 
order.  Thereafter, appellant filed its proof of cost submission, and the next step was for the 
FS to file its reply.  
By letter of May 13, 2008, the parties notified the Board that they had reached a 
settlement.  With the letter, the parties filed an executed Joint Stipulation and Request for 
Decision Granting the Appeal.  The Joint Stipulation was also dated May 13, 2008.  Under 
it, the parties agreed that they had settled any and all claims by either party arising out of or 
relating to contract no. 075902 and the instant appeal.  Further, the parties agreed to abide 
by the Board decision requiring the FS to pay appellant, $235,000, plus interest, with interest 
being calculated  pursuant to the Contract Disputes Act and running from January 1, 2003, 
until paid. Each party agreed to bear its own costs and attorney fees.  The parties 
additionally stipulated that the decision of the Board would be final and binding upon the 
parties and not subject to further appeal.  
Decision 
Accordingly, the appeal is GRANTED IN PART.  In accordance with the parties’ 
joint stipulation, the Board awards the sum of $235,000, plus interest on said amount under 
the Contract Disputes Act, 41 U.S.C. § 611(2000), beginning January 1, 2003.  Payment is 
to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304. 
HOWARD A. POLLACK 
Board Judge 

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3 CBCA 2 
We concur: 
CANDIDA S. STEEL JEROME M. DRUMMOND 
Board Judge Board Judge