November 3, 1993

Appeal of

ROBERT A. & SANDRA B. MOURA

Under Contract No. 363192-89-P-0305

PSBCA No. 3460

APPEARANCE FOR APPELLANT:

Mark C. Kirby, Esq.

APPEARANCE FOR RESPONDENT:

Glenn L. Smith, Esq.

OPINION OF THE BOARD ON MOTION FOR SUMMARY JUDGMENT

            Appellants have filed a motion for summary judgment in which they allege that the Complaint, the exhibits attached thereto, the pleadings, Respondent's failure to respond (or to seek an extension of time to file a response) to Appellants' requests for admissions, and the record to date show that there are no genuine issues of material fact for trial and that Appellants are entitled to the relief sought in the Complaint as a matter of law.  Respondent opposes Appellants' motion.

            As the party seeking summary judgment, Appellants bear the burden of demonstrating that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law.  Maude Ellen Thacker, PSBCA No. 2923, 92-3 BCA ¶ 25,093 at 125,081; Edward R. Ester, PSBCA No. 1559, 87-2 BCA ¶ 19,719 at 99,850.  In determining whether summary judgment should be granted, the Board must view the record in the light most favorable to the nonmoving party.  Id.   Viewing the record in this manner it is clear that Appellants have not sustained their burden of establishing that there are no genuine issues of material fact and that they are entitled to the relief sought in the Complaint as a matter of law.  Accordingly, Appellant's motion for summary judgment is denied.

James A. Cohen

Administrative Judge

Chairman

I concur:

James D. Finn, Jr.

Administrative Judge

Vice Chairman

I concur:

David I. Brochstein

Administrative Judge

Board Member