Free Notice of Indirectly Related Case(s) - District Court of Federal Claims - federal

Case 1:05-cv-00448-NBF

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Filed 05/13/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

VIACOM, INC., Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

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No. 01-79C Judge Nancy B. Firestone

NOTICE OF INDIRECTLY-RELATED CASE In accordance with Rule 40.2(b) of the Rules of the United States Court of Federal Claims, Raytheon Company hereby gives notice of the following indirectly-related case, currently assigned to Judge Emily C. Hewitt: Raytheon Company v. United States, No. 05-448C. The Complaint in the Raytheon case seeks judgment upon four Contract Disputes Act claims arising out of Raytheon's sales of four segments. The claims were asserted in accordance with Cost Accounting Standard ("CAS") 413-50(c)(12), 48 C.F.R. § 9904.413-50(c)(12), as amended in 1995. All of the sales occurred after the revised CAS 413 took effect, and all involved segments with pension deficits. The Complaint filed by Raytheon presents issues of fact and regulatory interpretation in common with the pending case of Viacom, Inc. v. United States, No. 01-79C, and transfer or assignment to the same Judge would significantly promote the efficient administration of justice.

Case 1:05-cv-00448-NBF

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Filed 05/13/2005

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Respectfully submitted,

Of Counsel: Gregory S. Seador R. William Sigler HOWREY LLP 1299 Pennsylvania Ave., N.W. Washington, D.C. 20004 Telephone (202) 783-0800

_//s// Karen L. Manos__________ Karen L. Manos HOWREY LLP 1299 Pennsylvania Ave., N.W. Washington, D.C. 20004 Telephone (202) 383-7472 Facsimile (202) 383-6610 Attorney of Record for RAYTHEON COMPANY

Dated: May 13, 2005

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Case 1:05-cv-00448-NBF

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Filed 05/13/2005

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Certificate of Service I certify that caused to be served the foregoing Notice of Indirectly-Related Case (which was filed electronically in Docket No. 05-448C and with the Clerk of the Court in Docket No. 01-79C) this 13th day of May 2005 by regular U.S. mail, first class postage prepaid, upon counsel listed below: Counsel for Viacom, Inc. Thomas A. Lemmer, Esq. McKenna, Long & Aldridge, LLP 1875 Lawrence Street, Suite 200 Denver, CO 80202 Counsel for the United States C. Coleman Bird, Esq. U.S. Department of Justice Civil Division, Commercial Litigation Branch 1100 L Street, NW 8th Floor Washington, DC 20530

___//s// Karen L. Manos_________ Karen L. Manos

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