Free Reply to Response to Motion - District Court of Federal Claims - federal

Case 1:06-cv-00144-MBH

Document 28-2

Filed 02/28/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PCL CONSTRUCTION SERVICES, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-144C (Judge Horn)

DEFENDANT'S RESPONSE TO PLAINTIFF'S PROPOSED FINDINGS OF UNCONTROVERTED FACT IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Defendant, the United States, responds to the proposed findings of uncontroverted fact submitted by PCL in opposition to our motion for summary judgment as follows. Rather than set

forth each of PCL's 40 proposed findings individually, and then respond with an identical or virtually identical response each time, we respond to all of PCL's proposed findings (which are entirely based upon selected portions of a series of documents) that PCL has not-inaccurately transcribed, quoted from, or paraphrased the documents referenced in its proposed findings of fact. Respectfully submitted, PETER D. KIESLER Assistant Attorney General DAVID M. COHEN Director s/Deborah A. Bynum DEBORAH A. BYNUM Assistant Director

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Case 1:06-cv-00144-MBH

Document 28-2

Filed 02/28/2007

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s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. NW Washington, D.C. 20530 Tele: (202) 616-0391 Attorneys for Defendant February 28, 2007

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Case 1:06-cv-00144-MBH

Document 28-2

Filed 02/28/2007

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CERTIFICATE OF FILING I certify that on February 28, 2007, the foregoing brief was filed electronically. I understand that notice of this filing

will be sent to all parties by operation of the Court's electronic filing system. the Court's system. s/Brian S. Smith Parties may access this filing through

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