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Case 1:06-cv-00113-MBH

Document 38

Filed 06/01/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS OAK ENVIRONMENTAL CONSULTANTS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-113C (Judge Horn)

DEFENDANT'S INDIVIDUAL STATEMENT Pursuant to this Court's order of June 1, 2007, defendant, the United States, respectfully submits the following individual statement upon whether there are any material facts in dispute which would preclude summary judgment. The Government does not

believe that there are any material facts in dispute which would preclude disposition by summary judgment. However, the

Government contends that summary judgment only is available in favor of the Government in this case. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

Case 1:06-cv-00113-MBH

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Filed 06/01/2007

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s/Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit Eighth Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Attorneys for Defendant June 1, 2007

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Case 1:06-cv-00113-MBH

Document 38

Filed 06/01/2007

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that on this 1st day of June 2007, a copy of the foregoing "DEFENDANT'S INDIVIDUAL STATEMENT" 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. Parties may access this filing through the Court's system. s/Richard P. Schroeder

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