Free Exhibit List - District Court of Federal Claims - federal

Case 1:05-cv-00515-FMA

Document 30

Filed 09/06/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 05-515 T (JUDGE ALLEGRA) COMCATION, INC., Plaintiff v. THE UNITED STATES, Defendant

________________________ PLAINTIFF'S SECOND REVISED EXHIBIT LIST ________________________

After a further and more detailed review of the relevancy and authenticity of the documents which Plaintiff intended to admit into evidence, the Plaintiff finds it necessary to revise their Exhibit List. After being unable to determine the relevancy of Exhibits 6 and 7, the Plaintiff is striking these two Exhibits and adding a Service Order Agreement between Nextlink (now fully merged into XO Communications) and Comcation, Inc. as Exhibit 6. Also, an administrative correction was made to Exhibit 5, changing the name of the tariff from Verizon to Bell Atlantic (tariff number remains unchanged). These changes have been reviewed with the Government's attorney. As such, the Plaintiff identifies the following exhibits which may be used at trial:

Exhibit 1 -

Comcation's Network Diagram

Case 1:05-cv-00515-FMA

Document 30

Filed 09/06/2006

Page 2 of 2

Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 -

Account Summary Chart (cross referenced to Exhibit 4) Spreadsheet that lists the invoices in controversy Invoices in controversy (cross referenced to Exhibit 3) Relevant excerpts from Bell Atlantic PA P.U.C. No. 500 Tariff Service Order Agreement between Nextlink (now fully merged into XO Communications) and Comcation, Inc.

Respectfully submitted, September 6, 2006 Date /s/Anthony Gulotta______ Anthony C. Gulotta, Esquire PA Atty. ID #82081 Anderson & Gulotta, P.C. 1110 North Mountain Road Harrisburg, PA 17112 (717) 635-7145 Fax (717) 541-5434 [email protected] Attorney for Plaintiff