Free Answer - District Court of Federal Claims - federal

Case 1:04-cv-00635-CFL

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS METRIC CONSTRUCTION CO., INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 04-635C ) (Judge Charles F. Lettow) ) ) )

DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. The allegations contained in paragraph 1 are conclusions

of law and plaintiff's characterization of its action to which no response is required; to the extent that they may be deemed allegations of fact, they are admitted. 2. Denies the allegations contained in paragraph 2 for lack

of knowledge or information sufficient to form a belief as to their truth. 3. 4. Admits. Admits the allegations contained in paragraph 4 to the

extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 4. 5. Admits the allegations contained in paragraph 5 to the

extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 5. 6. The allegations contained in paragraph 6 are plaintiff's

characterization of its case, to which no response is required;

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to the extent they may be deemed allegations of fact, they are denied. 7. Admits the allegations contained in the first sentence Denies the allegations contained in the

of paragraph 7.

remainder of paragraph 7. 8. Admits the allegations contained in paragraph 8 to the

extent supported by the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 8. 9. Admits the allegations contained in paragraph 9 to the

extent supported by the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 9. 10. Admits the allegations contained in paragraph 10 to the

extent supported by the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 10. 11. Admits the allegations contained in paragraph 11 to the

extent supported by the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 11. 12. Admits the allegations contained in paragraph 12 to the

extent supported by the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 12.

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13.

Admits the allegations contained in paragraph 13 to the

extent supported by the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 13. 14. Admits the allegations contained in paragraph 14 to the

extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 14. 15. Admits the allegations contained in paragraph 15 to the

extent supported by the documents cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 15. 16. Admits the allegations contained in the first sentence The allegations contained in the second

of paragraph 16.

sentence of paragraph 16 are conclusions of law or plaintiff's characterization of its case, to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 17. Admits the allegations contained in the first sentence

of paragraph 17 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 17. Admits the allegations contained in the second sentence of paragraph 17. The allegation contained in the third sentence of

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18.

Admits the allegations contained in the first sentence

of paragraph 18 to the extent supported by the document cited, which is the best evidence of its contents; otherwise denies the allegations contained in the first sentence of paragraph 18. Admits the allegations in the second sentence of paragraph 18. The allegation contained in the third sentence of paragraph 18 is a conclusion of law or plaintiff's characterization of its case to which no response is required. 19. The allegations contained in paragraph 19 are

conclusions of law or plaintiff's characterization of its case, to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 20. Defendant hereby incorporates its responses to

paragraphs 1 through 19 of plaintiff's complaint. 21. The allegations contained in paragraph 21 are

conclusions of law and plaintiff's characterization of its action to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 22. The allegations contained in paragraph 22 are

conclusions of law and plaintiff's characterization of its action to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 23. Defendant hereby incorporates its responses to

paragraphs 1 through 22 of plaintiff's complaint. 24. The allegations contained in paragraph 24 are

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to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 25. The allegations contained in paragraph 25 are

conclusions of law and plaintiff's characterization of its action to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 26. Defendant hereby incorporates its responses to

paragraphs 1 through 25 of plaintiff's complaint. 27. The allegations contained in paragraph 27 are

conclusions of law and plaintiff's characterization of its action to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 28. The allegations contained in paragraph 28 are

conclusions of law and plaintiff's characterization of its action to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 29. Defendant hereby incorporates its responses to

paragraphs 1 through 28 of plaintiff's complaint. 30. The allegations contained in paragraph 30 are

conclusions of law and plaintiff's characterization of its action to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. 31. The allegations contained in paragraph 31 are

conclusions of law and plaintiff's characterization of its action to which no response is required; to the extent that they may be deemed allegations of fact, they are denied. - 5 -

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32.

Denies that plaintiff is entitled to the relief

requested in its prayers for relief, or to any relief whatsoever. 33. Denies each and every allegation not previously

admitted or otherwise qualified. WHEREFORE, defendant requests that plaintiff's complaint be dismissed and that defendant be granted 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/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Tele: (202) 616-0391 Fax: (202) 353-7988 Attorneys for Defendant August 9, 2004

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