Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-00468-TCW

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Filed 08/10/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS AMERICAN STATES INSURANCE COMPANY, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 05-468C (Judge Braden)

DEFENDANT'S ANSWER For its answer to the complaint of plaintiff, American States Insurance Company, defendant, the United States, admits, denies, and alleges as follows: Jurisdiction 1. The allegation contained in paragraph 1 constitutes

a conclusion of law to which no answer is required; to the extent it may be deemed an allegation of fact, it is denied. The Parties 2. Deny the allegation contained in paragraph 2 for lack of

knowledge or information sufficient to form a belief as to its truth. 3. Admit.

Case 1:05-cv-00468-TCW

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Facts 1. Admit the allegations contained in the first sentence of

paragraph 1 to the extent supported by the contract cited, which is the best evidence of its contents. Admit the allegations

contained in the second and third sentences of paragraph 1 to the extent supported by the bonds cited, which are the best evidence of their contents. Admit the allegation contained in the fourth

sentence of paragraph 1. 2. 3. Deny. Admit the allegations contained in paragraph 3 to the

extent supported by the notices cited, which are the best evidence of their contents. 4. 5. 6. Deny. Deny. Deny. Count I 1. Defendant repeats and incorporates its responses to

paragraphs 1 through 6. 2. Deny the allegations contained in paragraph 2 for lack

of knowledge or information sufficient to form a belief as to their truth. 3. The allegations contained in paragraph 3 constitute

conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 4. 5. Deny. Deny.

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6.

Deny that plaintiff is entitled to the relief set

forth, or to any relief whatsoever. 7. Deny each and every allegation not previously admitted

or otherwise denied. WHEREFORE, defendant requests that the Court enter judgment in its favor, order that the complaint be dismissed, and grant defendant such other and further relief as the Court may deem just and proper.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ ROBERT E. KIRSCHMAN, JR. ROBERT E. KIRSCHMAN, JR. Assistant Director

s/ PAUL R. WELLONS PAUL R. WELLONS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L St., N.W. Washington, D.C. 20530 Tel: (202) 616-8253 Fax: (202) 307-0972 August 10, 2005 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on August 10, 2005, a copy of the foregoing "RESPONSE TO COMPLAINT" was filed electronically. I

understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. may access this filing through the Court's system. s/ PAUL R. WELLONS Parties