Free Answer to Counterclaim - District Court of Federal Claims - federal

Case 1:05-cv-00297-LSM

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Filed 06/27/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

STERLING, WINCHESTER & LONG, L.L.C., Plaintiff, v. UNITED STATES OF AMERICA, Defendant. _________________________________________

: : : : : : : : :

No. 05-297C (Senior Judge Margolis)

REPLY TO COUNTERCLAIM Plaintiff, Sterling, Winchester & Long, L.L.C., replies to Defendant's Counterclaim ("the Counterclaim") and respectfully states as follows: 1. In response to Paragraph 1 of the Counterclaim, Plaintiff states that the

Contract speaks for itself and is the best evidence of its contents. Plaintiff denies all allegations in Paragraph 1 of the Counterclaim that are not consistent with the contents of the Contract. 2. In response to Paragraph 2 of the Counterclaim, Plaintiff states that the

referenced letter speaks for itself and is the best evidence of its contents. Plaintiff denies all allegations in Paragraph 2 of the Counterclaim that are not consistent with the contents of that letter. 3. 4. Plaintiff denies the allegations in Paragraph 3 of the Counterclaim. Plaintiff denies the allegations in Paragraph 4 of the Counterclaim.

Case 1:05-cv-00297-LSM

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Filed 06/27/2005

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5.

Plaintiff denies the allegations in Paragraph 5 of the Counterclaim, and

further denies that Plaintiff has breached the Contract. 6. In response to Paragraph 6 of the Counterclaim, Plaintiff states that the

referenced final decision speaks for itself and is the best evidence of its contents. Plaintiff denies all allegations in Paragraph 6 of the Counterclaim that are not consistent with the contents of that final decision. 7. In response to Paragraph 7 of the Counterclaim, Plaintiff admits that it has

not paid royalties other than the first royalty payment made by Plaintiff. Plaintiff further states that it has no obligation to pay royalties to Defendant as a result of Defendant's material and substantial breach of the Contract. 8. 9. Plaintiff denies the allegations in Paragraph 8 of the Counterclaim. Plaintiff denies each and every allegation in the Counterclaim that is not

expressly and specifically admitted in this Reply. 10. In further response to the Counterclaim, Plaintiff asserts the affirmative

defenses of failure of consideration, waiver, and estoppel. WHEREFORE, Plaintiff respectfully prays: (a) that Defendant take nothing on its Counterclaim, and that judgment be

entered in favor of Plaintiff dismissing the Counterclaim with prejudice; (b) (c) that the costs of this action be taxed to Defendant; and that the Court grant to Plaintiff such other and further relief as the Court

deems just and proper.

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Case 1:05-cv-00297-LSM

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This 27th day of June, 2005. Respectfully submitted, /s/ Frederick L Wright______ Frederick L. Wright Vaughn, Wright & Stearns LLP One Paces West - Suite 1740 2727 Paces Ferry Road, N.W. Atlanta, Georgia 30339 (770) 805-9889 (770) 805-9191 Fax Attorneys for Plaintiff

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Case 1:05-cv-00297-LSM

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Filed 06/27/2005

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CERTIFICATE OF FILING I hereby certify that on June 27, 2005, a copy of the foregoing REPLY TO COUNTERCLAIM was filed electronically. I understand the notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. /s/ Frederick L Wright______ Frederick L. Wright Vaughn, Wright & Stearns LLP One Paces West - Suite 1740 2727 Paces Ferry Road, N.W. Atlanta, Georgia 30339 (770) 805-9889 (770) 805-9191 Fax

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