Free Joint Status Report - District Court of Federal Claims - federal

Case 1:00-cv-00544-LMB

Document 66

Filed 12/13/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS _________________ No. 00-544 T (Judge Baskir) GRAND TRUNK WESTERN RAILROAD INCORPORATED, Plaintiff, v. THE UNITED STATES, Defendant. _________________ JOINT STATUS REPORT _________________

Pursuant to the Court's Order filed December 20, 2002, Plaintiff and Defendant hereby file this Joint Status Report regarding the progress of proceedings in CSX Corp. v. United States, Fed. Cl. No. 95-858 T, and other matters relevant to the instant case. The Court's December 20, 2002 Order stayed all proceedings in the instant case pending issuance of a final nonappealable decision in the CSX case, and directed that the parties continue to file Joint Status Reports in the instant case on February 14, 2003 and every 45 days thereafter. As reported in the parties' previous Joint Status Report, final judgment was entered in CSX Corp. v. United States, Fed. Cl. No.

Case 1:00-cv-00544-LMB

Document 66

Filed 12/13/2006

Page 2 of 3

95-858 T, on August 14, 2006. Both parties in CSX have filed notices of appeal to the United States Court of Appeals for the Federal Circuit, where the appeals have been consolidated as CSX Corp. v. United States, Fed. Cir. Nos. 07-5003, 07-5007. Briefing in the Federal Circuit is currently scheduled to commence in January 2007.

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Case 1:00-cv-00544-LMB

Document 66

Filed 12/13/2006

Page 3 of 3

Respectfully submitted,

Dec. 13, 2006 Date

s/ Steven C. Lambert STEVEN C. LAMBERT Attorney of Record for Plaintiff Foley & Lardner LLP 3000 K Street, N.W., Suite 500 Washington, DC 20007 Tel: (202) 295-4067 Fax: (202) 672-5399 Of Counsel for Plaintiff: RICHARD F. RILEY, JR. Foley & Lardner LLP 3000 K Street, N.W., Suite 500 Washington, DC 20007

Dec. 13, 2006 Date

s/ Benjamin C. King, Jr. BENJAMIN C. KING, JR. Attorney of Record for Defendant Tax Division, Court of Federal Claims Section U.S. Department of Justice Post Office Box 26 Ben Franklin Station Washington, DC 20044 Tel: (202) 307-6506 Fax: (202) 514-9440 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief

Dec. 13, 2006 Date

s/ David Gustafson Of Counsel

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