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Case 1:03-cv-00178-CCM

Document 67

Filed 09/25/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BENCHMARK RESOURCES CORPORATION, GENTRY CORPORATION, and SUNRISE HOLDING, INC., Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 03-178L Honorable Christine Odell Cook Miller

NOTICE OF ERRATA RE: PLAINTIFFS' RESPONSE TO DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT (AMENDED) Plaintiffs advise the Court and Defendant that there is a typographical error in Plaintiffs' Response to the Proposed Findings of Uncontroverted Fact submitted by Defendant in Support of its Motion for Summary Judgment. Specifically, Paragraph 9 incorrectly recites that "Defendants own the mineral rights in the Mineral Property. . . ." This sentence should, of course, instead read that "Plaintiffs own the mineral rights in the Mineral Property. . . ." Plaintiffs respectfully request that the above-referenced Response be amended accordingly.

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Case 1:03-cv-00178-CCM

Document 67

Filed 09/25/2006

Page 2 of 2

RESPECTFULLY SUBMITTED this 25th day of September, 2006. BENCHMARK RESOURCES CORPORATION, GENTRY CORPORATION & SUNRISE HOLDING, INC. By: s/ James N. MacKinlay James N. MacKinlay 1019 South Stapley Mesa, Arizona 85204 Phone: (480) 898-9239 Fax: (480) 833-2175 Attorney of Record for Plaintiffs CERTIFICATE OF SERVICE The undersigned certifies that on this 25th day of September, 2006, a true and correct copy of Notice of Errata re: Plaintiffs' Response to Defendant's Proposed Findings of Uncontroverted Fact in Support of its Motion for Summary Judgment, was served via first class mail, postage prepaid, on Defendant's counsel of record: James D. Gette U.S. Department of Justice Environment & Natural Resources Division P.O. Box 663 Washington, D.C. 20044

s/

James N. MacKinlay James N. MacKinlay

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