Free Answer - District Court of Federal Claims - federal

Case 1:04-cv-00473-MBH

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

No. 04-473C (Judge Horn)

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

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. 2. Denies the allegations contained in paragraph 2 for lack of knowledge or

information sufficient to form a belief as to the truth of the matter asserted. 3. Admits the allegations contained in paragraph 3 to the extent supported by the

contract, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 3. 4. Admits the allegations contained in paragraph 4 to the extent supported by the

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

decision cited, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 5 for lack of knowledge or information sufficient to form a belief as to

Case 1:04-cv-00473-MBH

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their truth. 6. The allegations contained in paragraph 6 constitute conclusions of law and

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. 7. 8. Denies the allegations contained in paragraph 7. The allegations contained in paragraph 8 constitute conclusions of law and

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. 9. Denies that the plaintiff is entitled to the relief requested in paragraph 9, or to any

relief whatsoever. 10. Denies each and every allegation not previously admitted or otherwise qualified. DEFENSES AND AFFIRMATIVE DEFENSES 11. by defendant. 12. M G Construction's claims are barred to the extent executed releases discharged M G Construction's claims are barred to the extent of payments previously made

the government from any further payment or obligation. WHEREFORE, defendant requests that the Court enter judgment in its favor, that the 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 2

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s/ James M. Kinsella JAMES M. KINSELLA Deputy Director s/ Brent M. McBurney OF COUNSEL: Maj. Lawrence M. Anderson Trial Attorney AFLSA/JACN 1501 Wilson Blvd, Room 606 Arlington, VA 22209-2403 BRENT M. MCBURNEY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: (202) 307-0277 Fax: (202) 514-8624 E-mail: [email protected] Attorneys for Defendant

May 24, 2004

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