Moustafa A. Mohamed, Petitioner, v. the United States, Respondent, 925 F.2d 1478 (Fed. Cir. 1991)

Moustafa A. Mohamed appeals the decision of the General Services Administration Board of Contract Appeals (Board), GSBCA No. 9547-R, dated February 5, 1990, denying full board review of the panel decision, Moustafa A. Mohamed, GSBCA No. 9547, 89-2 BCA p 21,885. The Board 1) denied Mohamed recovery of additional damages for an alleged intention by the government to delay payment of quantum damages for breach of Mohamed's contract to operate a cafeteria; 2) held that the doctrine of res judicata prevented Mohamed from raising issues previously decided by the Board; and 3) denied any entitlement to lost profits. We affirm.

DISCUSSION

Our review of this case is limited to a determination whether the Board's decision was fraudulent, arbitrary, capricious, so grossly erroneous as to necessarily imply bad faith, or not supported by substantial evidence. 41 U.S.C. § 609(b) (1988). We have considered the arguments presented by Mohamed in this protracted litigation and are convinced that the Board's decision was correct as a matter of law and supported by substantial evidence. See Erickson Air Crane Co. v. United States, 731 F.2d 810, 814 (Fed. Cir. 1984).