Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:04-cv-00473-MBH

Document 64-3

Filed 04/22/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS M G CONSTRUCTION, INC. Plaintiff, vs. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-00473 (Judge Horn)

JOINT STATEMENT OF ISSUES OF LAW The parties respectfully submit the following Joint Statement of Issues of Law. With regard to Count I, the parties stipulate that the legal issue to be determined in summary judgment is whether M.G. Construction is entitled to be paid for aggregate surfacing removal under the terms of Contract Line Item Number ("CLIN") 0001AA or of CLIN 0001AC of Contract Number F48608-01-D-0008.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/James M. Kinsella JAMES M. KINSELLA Deputy Director

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Case 1:04-cv-00473-MBH

Document 64-3

Filed 04/22/2005

Page 2 of 3

s/Joseph A. Yazbeck JOSEPH A. YAZBECK Yazbeck, Cloran & Hanson, LLC 1300 S.W. Fifth Avenue Portland, OR 97201-5617 Attorney for Plaintiff

April 22, 2005

s/James D. Colt JAMES D. COLT Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, NW Washington, D.C. 20530 Attorneys for Defendant

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Case 1:04-cv-00473-MBH

Document 64-3

Filed 04/22/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of April, 2005, a copy of the foregoing JOINT STATEMENT OF ISSUES OF LAW was field electronically. I understand that notice of this filing will be sent to all parties of record by operation of the Court's electronic filing system. s/ Joseph A. Yazbeck, Jr.

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