Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:05-cv-00738-TCW

Document 25-3

Filed 09/12/2006

Page 1 of 2

United States Court Of Federal Claims
BROWNING-FERRIS INDUSTRIES, INC. & SUBSIDIARIES, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 05-738T Judge Thomas C. Wheeler

ORDER This matter having come before the Court on the plaintiff's Motion for Voluntary Dismissal Without Prejudice Pursuant to RCFC 41(a)(2) and for Dismissal of Counterclaim Pursuant to RCFC 12(b)(1), and the Court having considered the papers and for good cause shown; IT IS HEREBY ORDERED, that plaintiff's motion be granted and that this action shall be dismissed without prejudice.

DATED: ______________, 2006.

_________________________________________ HONORABLE THOMAS C. WHEELER JUDGE, U.S. COURT OF FEDERAL CLAIMS

22798.1

Case 1:05-cv-00738-TCW

Document 25-3

Filed 09/12/2006

Page 2 of 2

CERTIFICATE OF SERVICE It is hereby certified that service of the foregoing PROPOSED ORDER was made on this 12th day of September, 2006, by electronically filing a copy of the same with the Court under the CM/ECF system with notification of such filing to Defendant's counsel, Stuart J. Bassin.

/s/ Philip Karter PHILIP KARTER Miller & Chevalier Chartered 300 Conshohocken State Road, Suite 570 West Conshohocken, PA 19428 610/729-7820 Telephone 610/729-7805 Facsimile

22798.1