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

Case 1:06-cv-00141-LAS

Document 10

Filed 06/30/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

SHELL OIL COMPANY, UNION OIL COMPANY OF CALIFORNIA, ATLANTIC RICHFIELD COMPANY, and TEXACO INC., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

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Case No. 06-CV-141 (Senior Judge Smith)

PLAINTIFFS' CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY

Pursuant to RCFC 56, Plaintiffs Shell Oil Company, Union Oil Company of California, Atlantic Richfield Company, and Texaco Inc., by undersigned counsel, respectfully move for partial summary judgment as to liability against the United States. The grounds for the Plaintiffs' motion are set forth in the accompanying Brief. Plaintiffs also file herewith their Appendix in Support of their Cross-Motion for Partial Summary Judgment as to Liability and Proposed Findings of Uncontroverted Fact. Plaintiffs respectfully request that the Court conduct oral argument on this motion after the close of briefing at the Court's convenience.

Case 1:06-cv-00141-LAS

Document 10

Filed 06/30/2006

Page 2 of 3

June 30, 2006

Respectfully Submitted,

s/ Michael W. Kirk Michael W. Kirk Counsel of Record COOPER & KIRK, PLLC 555 Eleventh Street, NW Suite 750 Washington, DC 20004 (202) 220-9600 (202) 220-9601 (fax)

Of Counsel: Nicholas A. Oldham COOPER & KIRK, PLLC 555 Eleventh Street, N.W. Suite 750 Washington, D.C. 20004 (202) 220-9600 (202) 220-9601 (fax)

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Case 1:06-cv-00141-LAS

Document 10

Filed 06/30/2006

Page 3 of 3

CERTIFICATE OF FILING I certify that on June 30, 2006, the attached document was filed electronically. I understand that service is complete upon filing and that parties may access this filing through the Court's ECF system.

s/ Michael W. Kirk Michael W. Kirk Counsel of Record COOPER & KIRK, PLLC 555 Eleventh Street, NW Suite 750 Washington, DC 20004 (202) 220-9600 (202) 220-9601 (fax)

Of Counsel: Vincent J. Colatriano Nicholas A. Oldham COOPER & KIRK, PLLC 555 Eleventh Street, N.W. Suite 750 Washington, D.C. 20004 (202) 220-9600 (202) 220-9601 (fax)

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