Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-01058-FMA

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Filed 12/05/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) ) ) ) Plaintiff ) ) V. ) ) UNITED STATES ) ) Defendant ) ____________________________________) HAL D. HICKS, f/d/b/a HAL D. HICKS MAIL TRANSPORTATION

Fed. Cl. No. 05-1058 (Judge Allegra)

INTERVENOR MIDWEST TRANSPORT INC.'S ANSWER COMES NOW Intervenor, Midwest Transport, Inc. and for its Answer to Plaintiff's Complaint, states as follows: JURISDICTION Plaintiff's statements as to jurisdiction are conclusions of law to which no answer is necessary. BACKGROUND FACTS 1. Intervenor is without knowledge or information sufficient to form a belief as to the

truth of the allegations in the first sentence and denies the same. Intervenor denies the allegations in the second sentence that Mr. Hicks contracted with the USPS through d/b/a Hal D. Hicks Mail Transportation. 2. Denies.

Case 1:05-cv-01058-FMA

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Filed 12/05/2006

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3.

Intervenor is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained the first sentence and denies the same. Intervenor admits the second sentence that the gross revenue on highway mail contract 14024 is in excess of $2,000,000. Intervenor admits that the USPS issued a Contract Service Order, but it makes no answer to the remainder of that sentence since the allegations constitute legal conclusions. 4. Intervenor is without knowledge or information sufficient to form a belief as to the

truth of the allegations and denies the same. 5. Intervenor denies that Mr. Hick's authorization of the novation of the USPS highway

contract 14024 was necessary. 6. Intervenor is without knowledge or information sufficient to form a belief as to the

truth of the allegations and denies the same. 7. Intervenor is without knowledge or information sufficient to form a belief as to the

truth of the allegations and denies the same. COUNT I - BREACH OF CONTRACT 8. With respect to the allegations contained in paragraphs 1 through 7, Intervenor

reasserts and incorporates herein by reference its answers to paragraphs 1 through 7 of the Complaint. 9. Intervenor is without knowledge or information sufficient to form a belief as to the

truth of the allegations and denies the same. 10. 11. 12. Denies. Denies. Denies.

Case 1:05-cv-01058-FMA

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Filed 12/05/2006

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13.

Intervenor is without knowledge or information sufficient to form a belief as to the

truth of the allegations in the first sentence and denies the same. 14. Denies.

Intervenor denies that Plaintiff is entitled to any of the relief that it seeks in the Complaint.

Respectfully Submitted, s/David P. Hendel by s/J. Michael Littlejohn David P. Hendel Akerman Senterfitt Wickwire Gavin 8100 Boone Boulevard, Suite 700 Vienna, Virginia 22182 Phone: (703)790-8750 Fax: (703)448-1801 Of Counsel: J. Michael Littlejohn Akerman Senterfitt Wickwire Gavin 8100 Boone Boulevard, Suite 700 Vienna, Virginia 22182 Phone: (703)790-8750 Fax: (703)448-1801 John E. Hilton Carmody, MacDonald, P.C. 120 S. Central Ave, Suite 1800 St. Louis, MO 63105 Phone: (314) 854-8600 Fax: (314)-854-8660
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