Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-00906-RHH

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Filed 12/02/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MARIAN K. HANSSON, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 05-906C ) ) Judge Robert H. Hodges, Jr. ) ) DEFENDANT'S ANSWER For its answer to the plaintiff's complaint, defendant admits, denies, and alleges as follows: 1. The allegations contained in the first through third sentences of paragraph 1 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the fourth through sixth sentences of paragraph 1 to the extent supported by documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in the fourth through sixth sentences of paragraph 1. 2. Denies the allegations contained in the first sentence of paragraph 2 for lack of knowledge or information sufficient to form a belief as to their truth. Admits the allegations contained in the second sentence of paragraph 2. 3. Admits. 4. The allegations contained in paragraph 4 constitute conclusions of law to which no answer is required; to the extent that they may be deemed allegations of fact, they are denied. 5. Admits the allegations contained in the first and second sentences of paragraph 5. Admits the allegations contained in the third sentence of paragraph 5 to the extent supported by

Case 1:05-cv-00906-RHH

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Filed 12/02/2005

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the document cited, the decision of the United States Court of Appeals for the District of Columbia Circuit, which is the best evidence of their contents; otherwise denies the allegations contained in the third sentence of paragraph 5. Denies the allegations contained in the fourth sentence of paragraph 5 for lack of knowledge or information sufficient to form a belief as to their truth. Admits the allegations contained in the fifth sentence of paragraph 5. 6. Denies the allegations contained in paragraph 6 for lack of knowledge or information sufficient to form a belief as to their truth. 7. Denies the allegations contained in the first and second sentences of paragraph 7 for lack of knowledge or information sufficient to form a belief as to their truth. Admits the allegations contained in the third sentence of paragraph 7 to the extent supported by the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in the third sentence of paragraph 7. 8. Denies the allegations contained in paragraph 8 for lack of knowledge or information sufficient to form a belief as to their truth. 9. Admits the allegations contained in paragraph 9 to the extent supported by the document cited, which is the best evidence of their contents; otherwise denies the allegations contained in paragraph 9. 10. Admits the allegations contained in paragraph 10 to the extent supported by the document cited, which is the best evidence of their contents; otherwise denies the allegations contained in paragraph 10.

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Case 1:05-cv-00906-RHH

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11. Admits the allegations contained in paragraph 11 to the extent supported by the document cited, which is the best evidence of their contents; otherwise denies the allegations contained in paragraph 11. 12. Admits the allegations contained in the first and second sentences of paragraph 12 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first and second sentences of paragraph 12. The allegations contained in the third sentence of paragraph 12 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 13. The allegations contained in paragraph 13 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 14. The allegations contained in paragraph 14 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 15. Denies that plaintiff is entitled to the relief set forth in paragraph 15, or to any relief whatsoever. 16. 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

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Case 1:05-cv-00906-RHH

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s/ Brian M. Simkin BRIAN M. SIMKIN Assistant Director

s/ David R. Feniger DAVID R. FENIGER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 307-3390 Fax: (202) 305-2118 Attorneys for Defendant December 2, 2005

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