Ulric Mcmillan D/b/a/ Atrum Graphics Studio, Appellant, v. the United States, Appellee, 833 F.2d 1022 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 833 F.2d 1022 (Fed. Cir. 1987) October 9, 1987

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



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.


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. § 609(b) (Supp. 1987); see Erickson Air Crane Co. of Washington v. United States, 731 F.2d 819, 814 (Fed. Cir. 1984).