Free Order on Motion to Dismiss - Rule 41(a) - District Court of Federal Claims - federal

Case 1:02-cv-01768-ECH

Document 31

Filed 04/29/2004

Page 1 of 1

In the United States Court of Federal Claims
No. 02-1768 C (Filed: April 29, 2004) ________________________________ ) CHIANELLI BUILDING ) CORPORATION, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) _______________________________ ) ORDER Before the court is Plaintiff's Motion for Dismissal of Count II of Plaintiff's Complaint pursuant to Rule 41(a) of the United States Court of Federal Claims (RCFC). Defendant does not object to the motion. The court GRANTS the motion. The claim set forth in Count II of the complaint in this case is hereby dismissed with prejudice. There being no just reason for delay, the Clerk of the Court is directed to enter judgment for defendant on that claim pursuant to RCFC 54(b).

IT IS SO ORDERED. s/ Emily C. Hewitt EMILY C. HEWITT Judge