Free Cross Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:02-cv-00483-FMA

Document 48

Filed 03/06/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS FORD MOTOR COMPANY AND AFFILIATES, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 02-483 T The Honorable Francis M. Allegra

_________________ CROSS-MOTION OF THE UNITED STATES FOR SUMMARY JUDGMENT _________________ Defendant, the United States, pursuant to Rule 56(b) of the Rules of the United States Court of Federal Claims, moves the Court for a summary judgment in its favor, and for dismissal of the Complaint with prejudice. As good cause therefor, defendant states that no genuine issue exists as to any material fact and that defendant is entitled to judgment as a matter of law. In support of this motion, defendant relies upon plaintiff's proposed findings of uncontroverted fact, defendant's proposed findings of uncontroverted fact, filed herewith, and the accompanying brief. The United States requests oral argument on this motion.

Case 1:02-cv-00483-FMA

Document 48

Filed 03/06/2006

Page 2 of 2

WHEREFORE, defendant prays its cross-motion for summary judgment be granted, plaintiff's motion for summary judgment be denied, and the Complaint be dismissed, with prejudice, with all allowable costs assessed against plaintiff.

Respectfully submitted.

s/ W. C. Rapp W.C. RAPP Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, DC 20044 Voice: (202) 307-0503 Fax: (202) 514-9440 Email: [email protected] EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Acting Chief, Court of Federal Claims Section ROBERT C. MARKHAM Senior Attorney, Office of Review STEVEN I. FRAHM Assistant Chief, Court of Federal Claims Section

March 6, 2006

s/ Steven I. Frahm Of Counsel