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

Case 1:02-cv-00796-FMA

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Filed 10/23/2003

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS INFORMATION SYSTEMS & NETWORKS CORPORATION Plaintiff v. UNITED STATES OF AMERICA Defendant : : : : : : Case No. 02-796C : (Judge Allegra) : : :

PLAINTIFF INFORMATION SYSTEMS AND NETWORKS CORPORATION'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNT I OF THE COMPLAINT FOR BREACH OF CONTRACT Plaintiff Information Systems and Networks Corporation ("ISN"), by counsel, pursuant to Rule 56 of the Rules of the United States Court of Federal Claims ("RCFC"), hereby moves for entry of summary judgment on the issue of Defendant's liability on Count I of ISN's Complaint in this case. Count I states a claim for breach of contract resulting from a modification of the contract requested and ratified by Defendant, for which ISN has not been compensated. Because there are no genuine issues of fact that the modification constituted a contractual obligation between the parties that has been breached by Defendant, ISN requests that this Court enter partial summary judgment in favor of ISN on the issue of Defendant's liability on Count I. For the reasons set forth in the accompanying Memorandum of Points and Authorities, this Motion should be granted.

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Case 1:02-cv-00796-FMA

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Respectfully submitted,

.

__s/ Norman H. Singer_________________ NORMAN H. SINGER, ESQ. BENJAMIN M. KAHRL, ESQ. (of counsel) Singer & Associates, P.C. 10411 Motor City Drive Suite 725 Bethesda, Maryland 20817 (301) 469-0400 Counsel for Plaintiff

October 23, 2003

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Plaintiff Information Systems & Networks Corporation's Motion For Partial Summary Judgment, Memorandum of Points and Authorities in Support thereof, and Plaintiff's Proposed Findings of Uncontroverted Fact was sent via electronic filing this 23rd day of October, 2003, with a hard copy sent federal express on October 20, 2003, to:

Brent M. McBurney, Esq. Commercial Litigation Branch Civil Division United States Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, N.W. Washington, D.C. 20530

___s/ Norman H. Singer_____________ Norman H. Singer, Esq.

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