Free Stipulation of Dismissal - District Court of Federal Claims - federal

Case 1:04-cv-00473-MBH

Document 108

Filed 01/29/2007

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

No. 04-cv-00473-MBH (Judge Horn)

STIPULATION FOR DISMISSAL WITH PREJUDICE OF COUNTS TWO THROUGH SEVEN AND FOR ENTRY OF FINAL JUDGMENT UPON COUNT ONE Pursuant to Rule 41(a)(1) of the Rules of the United States Court of Federal Claims, the parties stipulate to the dismissal, with prejudice, of count two, count three, count four, count five, count six, and count seven of plaintiff's fourth amended complaint in this action, with each party to bear its own costs, expenses, and attorney fees related to those counts. As this stipulation disposes of all of the remaining counts, following the Court's August 4, 2005, opinion, which granted summary judgment in favor of the United States upon count one of plaintiff's fourth amended complaint, the parties request that the Court now enter an appealable final judgment upon count one. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director

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Case 1:04-cv-00473-MBH

Document 108

Filed 01/29/2007

Page 2 of 2

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

January 25, 2007

s/Brian S. Smith BRIAN S. SMITH 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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