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

Case 1:05-cv-01058-FMA

Document 59

Filed 05/28/2008

Page 1 of 1

In The United States Court of Federal Claims
No. 05-1058C (Filed: May 28, 2008) __________ HAL D. HICKS, f/d/b/a HAL D. HICKS MAIL TRANSPORTATION, Plaintiff, v. THE UNITED STATES Defendant, And MIDWEST TRANSPORT, INC., Defendant-Intervenor. _________ ORDER __________ On May 28, 2008, the court heard oral argument on the defendant-intervenor's motion for summary judgment. Present at oral argument were John Theil, for plaintiff; Michael Austin, for defendant; and J. Michael Littlejohn, for defendant-intervenor. Based on the existence of genuine issues of material fact, as described by the court at the conclusion of oral argument, the court hereby DENIES the motion. This denial, however, is without prejudice as to defendantintervenor's arguments regarding the legal availability of certain of the relief requested by plaintiff. IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge