Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:08-cv-00015-MBH

Document 13

Filed 05/28/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

BURCHICK CONSTRUCTION COMPANY, INC., Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) ) ) ) ) ) )

No. 08-15C

PLAINTIFF BURCHICK CONSTRUCTION COMPANY'S MOTION FOR PARTIAL SUMMARY JUDGMENT Pursuant to Rule 56 of the Court of Federal Claims, Plaintiff Burchick Construction Company ("Burchick") respectfully requests that this Court grant partial summary judgment in Burchick's favor upon its claim that Burchick is to be paid $45 per cubic yard from the United States for additional rock excavation Burchick performed under Contract No. VA786A-C-0021. In support of this motion, Burchick relies upon the pleadings, the parties' Joint Stipulation of Facts and Appendix, the parties' Joint Statement of Issues of Law, and Burchick's Brief in Support of its Motion For Partial Summary Judgment. Dated: May 28, 2008 Respectfully submitted,

BABST, CALLAND, CLEMENTS & ZOMNIR, P.C. By: /s/ D. Matthew Jameson D. Matthew Jameson III, Esquire PA ID No. 67764 Babst, Calland, Clements & Zomnir, P.C. Two Gateway Center, 8th Floor Pittsburgh, PA 15222 412-394-5400 412-586-1078 [email protected]

Case 1:08-cv-00015-MBH

Document 13

Filed 05/28/2008

Page 2 of 2

CERTIFICATE OF SERVICE I, D. Matthew Jameson, hereby certify that on this 28th day of May, 2008, I caused a true and correct copy of the foregoing PLAINTIFF BURCHICK CONSTRUCTION COMPANY'S MOTION FOR PARTIAL SUMMARY JUDGMENT to be filed via the Court's Electronic Case Filing System. The document is available for viewing and downloading from the Court's Electronic Case Filing System. I have also caused a true and correct copy of the document to be served upon the following by first class mail, postage prepaid:

Devin A. Wolak Trial Attorney Commercial Litigation Branch Civil Division United States Department of Justice 1100 L. Street, N.W. Washington, D.C. 20530

/s/ D. Matthew Jameson