Free Notice (Other) - District Court of Federal Claims - federal

Case 1:06-cv-00245-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Nos. 06-245T, 06-246T, and 06-247T
(Consolidated)

MURFAM FARMS, LLC, By and Through Wendell H. Murphy, Jr., a Partner Other Than Tax Matters Partner,

PSM FARMS, LLC, By and Through Stratton K. Murphy, a Partner Other Than Tax Matters Partner, MURPHY PORK PARTNERS, LLC By and Through Wendell H. Murphy, Jr. a Partner Other Than Tax Matters Partner, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

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NOTICE OF RECENT AUTHORITY In the spirit of Fed.R.App.P. 28(j), the United States wishes to inform the Court of an Order in Stobie Creek Investments, L.L.C. and JFW Enterprises, Inc. v. United States, 05-748T & 07-520T (April 1, 2008)(Mem. and Order attached as Exhibit 1), that was recently entered by the Court of Federal Claims. The Court's discussion in the attached Stobie Creek Investments Order is particularly

Case 1:06-cv-00245-EJD

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relevant to Court's resolution of the United States' motion to exclude the expert report and testimony of the plaintiffs' expert Stuart A. Smith.

Respectfully submitted,

/s/ Dennis M. Donohue DENNIS M. DONOHUE CHIEF SENIOR LITIGATION COUNSEL OFFICE OF CIVIL LITIGATION Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 55, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 307-6492 Facsimile: (202) 307-2504 E-mail: [email protected]

Case 1:06-cv-00245-EJD

Document 52

Filed 04/02/2008

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CERTIFICATE OF SERVICE I hereby certify that on April 2, 2008, I electronically filed the foregoing NOTICE OF RECENT AUTHORITY with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Joel N. Crouch Texas State Bar No. 05144220 Meadows, Collier, Reed Cousins & Blau, L.L.P. 901 Main Street, Suite 3700 Dallas, Texas 75202
/s/ Dennis M. Donohue CHIEF SENIOR LITIGATION COUNSEL OFFICE OF CIVIL LITIGATION Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 55, Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 307-6492 Facsimile: (202) 307-2504 E-mail: [email protected]