Free Stipulation - District Court of Federal Claims - federal

Case 1:05-cv-01180-MMS

Document 27

Filed 04/30/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-1180 T (JUDGE SWEENEY) McKESSON CORPORATION, Plaintiff v. THE UNITED STATES Defendant.

______________ STIPULATION FOR PARTIAL DISMISSAL WITHOUT PREJUDICE ______________

Pursuant to RCFC 41(a), it is hereby stipulated and agreed by and between the under-signed attorneys for the respective parties hereto that the claims for refund for the periods ended December 31, 1999, through March 31, 2000, and September 30, 2000, through December 31, 2002, be dismissed from the above-captioned action without prejudice, the parties to bear their respective costs, including any possible attorneys' fees or other expenses of this litigation related to those periods. The parties do not stipulate to the dismissal of the refund claim for the taxable quarter ending June 30, 2000. Plaintiff may reinstate in this suit (as long as it remains pending) the periods subject to this stipulation for partial dismissal if it so chooses. Nothing contained herein

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Case 1:05-cv-01180-MMS

Document 27

Filed 04/30/2007

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shall be construed to limit Plaintiff's rights under 26 U.S.C. § 6532 and 26 U.S.C. § 7422.

Respectfully submitted, s/ David U. Fierst Stein, Mitchell & Mezines 1100 Connecticut Avenue, N.W. Suite 1100 Washington, DC 20036 202-737-7777 April 30, 2007 Date Counsel for McKesson Corp. s/ G. Robson Stewart G. Robson Stewart U.S. Department of Justice Tax Division Court of Federal Claims Section 555 4th St., N.W., Room 8118 Washington, DC 20001 202-307-6493 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief Court of Federal Claims Section STEVEN I. FRAHM Assistant Chief s/Steven I. Frahm Of Counsel April 30, 2007 Date Counsel for the United States

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