Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-01029-MCW

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Filed 01/17/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CALIFORNIA HUMAN DEVELOPMENT CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) electronically filed on January 17, 2006 No. 05-1029C (Judge Williams)

DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies and alleges as follows: The allegations contained in the paragraph entitled "JURISDICTION" constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 1. Denies the allegations contained in paragraph 1, for

lack of knowledge or information sufficient to form a belief as to their truth. 2. Denies the allegations contained in paragraph 2, for

lack of knowledge or information sufficient to form a belief as to their truth. 3. Admits the allegations contained in paragraph 3 to the

extent supported by the contract cited, which is the best evidence of its contents; the remainder of the allegations contained in paragraph 3 constitute plaintiff's characterization of its case to which no response is required.

Case 1:05-cv-01029-MCW

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Filed 01/17/2006

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4. 5.

Denies. Admits the allegations contained in paragraph 5 that

plaintiff relinquished the grants at issue to the extent supported by the July 25, 2003 letter cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 5. 6. 7. 8. Denies. Denies. Denies that plaintiff is entitled to the relief set

forth in the prayer for relief immediately following paragraph 7, or to any relief whatsoever. 9. Denies each and every allegation not previously admitted

or otherwise qualified. WHEREFORE, defendant requests that the Court enter judgment in its favor, order that the complaint be dismissed, and grant defendant such other and further relief as the Court may deem just and proper. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Donald E. Kinner DONALD E. KINNER Assistant Director

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s/ Jeffrey S. Pease JEFFREY S. PEASE Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L St., N.W. Washington, D.C. 20530 Tel: (202) 307-1011 Fax: (202) 514-8624 January 17, 2006 Attorneys for Defendant

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Case 1:05-cv-01029-MCW

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CERTIFICATE OF FILING I certify that on this 17th day of January, a copy of the foregoing "DEFENDANT'S ANSWER" was filed electronically. I

understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. may access this filing through the Court's system. Parties

s/ Jeffrey S. Pease