Free Supplemental Brief - District Court of Federal Claims - federal

Case 1:05-cv-00751-NBF

Document 17

Filed 03/16/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

CINCINNATI INSURANCE COMPANY, vs. THE UNITED STATES OF AMERICA

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No. 05-751C Judge Firestone

CINCINNATI INSURANCE COMPANY'S SECOND NOTICE OF SUPPLEMENTAL AUTHORITY Comes now, Cincinnati Insurance Company (hereinafter referred to as "Cincinnati" or "Plaintiff") through counsel and for its Notice of Supplemental Authority, submits that the recently decided case of Liberty Mutual Insurance Co. v. United States, No. 04-254 C (Ct. Cl. filed February 27, 2006), which was decided after Cincinnati's November 28, 2005 submission of its Response Brief to the Defendant's Motion to Dismiss Or, in the Alternative, Motion for Summary Judgment. This new case provides additional authority with regard to the arguments advanced by the parties herein. For the Court's reference, a copy of the Court's Opinion and Order is attached hereto. Respectfully submitted, s/s G. Bruce Stigger G. BRUCE STIGGER ALBER CRAFTON, PSC Hurstbourne Place, Suite 1300 9300 Shelbyville Road Louisville, Kentucky 40222 Telephone: (502) 815-5000 Facsimile: (502) 815-5005 COUNSEL FOR PLAINTIFF, CINCINNATI INSURANCE COMPANY Dated: March 16, 2006

Case 1:05-cv-00751-NBF

Document 17

Filed 03/16/2006

Page 2 of 2

CERTIFICATE OF SERVICE I hereby certify that on March 16, 2006, a copy of the foregoing Notice of Supplemental Authority was filed electronically. I understand that notice of this filing will be sent to counsel for all parties by the Court's electronic filing system. Parties may access a copy of this filing via the Court's electronic filing system. David M. Cohen Director Peter D. Keisler Assistant Attorney General James M. Kinsella Deputy Director Doris S. Finnerman, Trial Attorney Commercial Litigation Branch Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, DC 20530

s/s G. Bruce Stigger G. Bruce Stigger

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