Free Notice (Other) - District Court of Federal Claims - federal

Case 1:05-cv-00909-NBF

Document 19

Filed 05/15/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CARL L. SEALEY and RONALD W. BARR, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 05-909C (Judge Firestone)

DEFENDANT'S NOTICE OF FILING UPON BEHALF OF THE PARTIES Pursuant to the Court's May 1, 2006 order, defendant respectfully notices upon behalf of the parties the filing the evidence that the United State Marine Corps paid Messrs. Sealey and Barr. The Marine Court to date has located evidence of payments totaling $13,200, which evidence is appended. Plaintiff's counsel has provided additional documentation, which is appended at pages 15-19. Defendant also respectfully advises the Court of supplemental authority upon which counsel intends to rely in response to questions posed in the Court's May 1st order, as follows: Lee v. Munroe, 11 U.S. (7 Cranch) 366 (1813); Kiszka v. Office of Personnel Mgmt., 372 F.3d 1301 (Fed. Cir. 2004); Burnside-Ott Aviation Training Center, Inc. v. United States, 985 F.2d 1574 (Fed. Cir. 1993).

Case 1:05-cv-00909-NBF

Document 19

Filed 05/15/2006

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

BRYANT G. SNEE Assistant Director Jules Rothlein, Esq. Office of Counsel United States Marine Corps

/s/ John S. Groat JOHN S. GROAT Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-8260 Facsimile: (202) 514-7965 Attorneys for Defendant

May 15, 2006

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