Free Motion to Dismiss - Rule 41(a) - District Court of Federal Claims - federal

Case 1:05-cv-00746-SGB

Document 51

Filed 06/27/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ENVIRONMENTAL TECTONICS CORPORATION, Plaintiff, v. THE UNITED STATES, Defendant ) ) ) ) ) ) ) ) ) )

No. 05-746C (Judge Susan G. Braden)

JOINT MOTION TO DISMISS THE COMPLAINT Pursuant to Rule 41(a)(2) of the Rules of the United States Court of Federal Claims, the parties respectfully move the Court to dismiss with prejudice the claims of plaintiff, Environmental Tectonics Corporation, with each party to bear its own costs, expenses, and attorney fees. It is the parties' understanding that because the dismissal is not based upon lack of jurisdiction, the Court retains jurisdiction over the Government's counterclaims. See Asco-Falcon Shipping Company v. United States, 32 Fed. C. 595 (1994); American National Bank and Trust Company of Chicago v. United States, 22 Cl. Ct. 7 (1990). Respectfully submitted, PETER D. KEISLER Assistant Attorney General KLEHR, HARRISON, HARVEY BRANZBURG & ELLERS LLP

JEANNE E. DAVIDSON Director s/Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director

Case 1:05-cv-00746-SGB

Document 51

Filed 06/27/2007

Page 2 of 2

s/Leslie Cayer Ohta LESLIE CAYER OHTA Trial Attorney Commercial Litigation Branch, Civil Division Department of Justice 1100 L Street, N.W. Washington, D.C. 20530 (202) 307-0252 Attorneys for Defendant June 27, 2007

s/ William R. Hinchman WILLIAM R. HINCHMAN 260 South Broad Street, Suite 400 Philadelphia, PA 19102 (215) 568-6060

Attorneys for Plaintiff June 27, 2007