Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:05-cv-01028-MBH

Document 5

Filed 11/29/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-1028 T (Judge Horn) __________ ESTATE OF RANKIN M. SMITH, SR., SUNTRUST BANK, TAYLOR W. SMITH, and RANKIN M. SMITH, JR., Co-Executors, Plaintiff v. UNITED STATES, Defendant __________ MOTION FOR LEAVE TO FILE OUT OF TIME __________

Defendant, the United States, moves this Court for leave to file the attached motion for enlargement of time eight days out of time. Defendant's counsel had prepared the motion for

enlargement on November 21, 2005, but due to the press of other business leading up to the Thanksgiving holiday, overlooked filing the motion by the November 22, 2005, due date. The

defendant apologizes for this oversight and hopes that it did not inconvenience the Court. WHEREFORE, the defendant requests that the Court allow the defendant lave to file the attached motion for enlargement eight days out of time.

Respectfully submitted, 1

Case 1:05-cv-01028-MBH

Document 5

Filed 11/29/2005

Page 2 of 2

s/Benjamin c. King, Jr. BENJAMIN C. KING, JR. Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6506 EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief Court of Federal Claims Section s/David Gustafson Of Counsel November 29, 2005

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