Free Answer to Counterclaim - District Court of Federal Claims - federal

Case 1:05-cv-00773-EJD

Document 11

Filed 11/04/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS DAVID SUNSHINE and KELLY T. HICKEL Plaintiffs, v. No. 05-773 T (Chief Judge Damich) UNITED STATES OF AMERICA Defendant.

REPLY TO COUNTERCLAIM

In reply to the defendant's counterclaim, the plaintiffs deny each and every allegation in the counterclaim that is not admitted below. Plaintiffs further: 1. Counterclaim. 2. Admit the allegation contained in paragraph 71 of the Answer and Admit the allegation contained in paragraph 70 of the Answer and

Counterclaim as it pertains to Plaintiff Kelly T. Hickel and deny the allegation as it pertains to Plaintiff David Sunshine as his total payment has been $31,996. 3-4. State that the allegations contained in paragraphs 72-73 of the Answer and

Counterclaim constitute legal arguments to which no response is required. 5. State that they lack knowledge or information sufficient to form a belief as

to the truth of the allegation contained in paragraph 74 of the Answer and Counterclaim.

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Case 1:05-cv-00773-EJD

Document 11

Filed 11/04/2005

Page 2 of 2

Wherefore, Plaintiff David Sunshine and Plaintiff Kelly Hickel request that the counterclaim be dismissed, with costs assessed against the defendant, that judgment be entered in their favor in the amounts of $31,996 and $300, respectively, or such other amounts as may be legally refundable, plus interest and costs allowed by law, that the remainder of the penalties assessed against the Plaintiffs be abated, and such other and further relief as the Court may deem just and appropriate, including Plaintiffs' costs and attorneys' fees.

DATED: November 4, 2005 Respectfully submitted,

s/ Theodore Z. Gelt THEODORE Z. GELT Attorney of Record Gelt & Grassgreen P.C. 303 East 17th Avenue, Suite 910 Denver, Colorado 80203 Telephone: (303) 830-1200 Facsimile: (303) 830-9400 Of Counsel: s/ Jeff C. Tauscher JEFF C. TAUSCHER Gelt & Grassgreen P.C. 303 East 17th Avenue, Suite 910 Denver, Colorado 80203 Telephone: (303) 830-1200 Facsimile: (303) 830-9400

ATTORNEYS FOR PLAINTIFFS

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