Sealtite Corporation, Appellant, v. the United States, Appellee, 873 F.2d 1450 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 873 F.2d 1450 (Fed. Cir. 1988) Dec. 14, 1988

Before FRIEDMAN, BISSELL and ARCHER, Circuit Judges.

BISSELL, Circuit Judge.


The United States moves to dismiss the appeal of Sealtite Corporation on the grounds that the Armed Services Board of Contract Appeals has not issued a final, appealable decision and further that Sealtite Corporation is not represented by counsel. Miles Firnhaber, pro se, submits a letter opposing dismissal.

Before the United States filed its motion to dismiss, this court sua sponte in a letter to Firnhaber questioned our jurisdiction and requested that Firnhaber send a copy of the Board decision being appealed. In response, Firnhaber submitted the first page of a Department of Labor "Decision and Recommended Order." The United States states that Sealtite is purportedly appealing from an order of the Wage Appeals Board of the Department of Labor. Further, the United States attached a letter from the Recorder of the Armed Services Board of Contract Appeals stating that "please be advised that the Board has not rendered a decision on the merits in the appeal of the Sealtite Corporation.... This appeal is still pending before the Board."

Upon consideration thereof,


(1) The United States' motion to dismiss for lack of jurisdiction is granted.

(2) The United States' alternative motion to dismiss for lack of counsel is moot.

(3) All motions previously filed by Firnhaber are moot.