Free Motion to Dismiss - Rule 41(a) - District Court of Federal Claims - federal

Case 1:05-cv-01028-MBH

Document 45-2

Filed 09/12/2006

Page 1 of 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

ESTATE OF RANKIN M. SMITH, SR., SUNTRUST BANK, TAYLOR W. SMITH, and RANKIN M. SMITH, JR., Co-Executors,

Case No. 05-1028 T

ORDER Upon consideration of Plaintiff's Motion to Dismiss Its Complaint Without Prejudice, being fully advised in the premises, and good cause having been shown, it is this ___ day of September 2006 ORDERED that Plaintiff's Motion to Dismiss Its Complaint Without Prejudice be and the same hereby is GRANTED; ORDERED that, upon refiling its complaint, plaintiff shall not be required to pay the Court's case filing fee, and the Clerk is hereby directed to waive the filing fee; and ORDERED that, upon refiling its complaint, plaintiff's case shall be assigned to the undersigned Judge for further proceedings.

IT IS SO ORDERED

__________________________ MARIAN BLANK HORN Judge