Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:02-cv-01632-FMA

Document 16

Filed 01/16/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS NORTH STAR ALASKA HOUSING CORP., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

Nos. 98-168C, 02-1632C (Judge Allegra)

DEFENDANT'S MOTION FOR LEAVE TO FILE DEFENDANT'S IN CAMERA SUBMISSION Pursuant to the Court's April 3, 2003 Order, on January 5, 2004 defendant filed a status report with a declaration by Jerry A. Cape for in camera consideration by the Court. As noted in that report, defendant's counsel received Mr. Cape's declaration electronically on January 3, 2004, however, he incorrectly dated the declaration January 7, 2004. Mr. Cape has provided a correctly dated declaration to defendant's counsel. Accordingly, we respectfully request leave to submit to the Court the enclosed corrected declaration in camera. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/David M. Cohen DAVID M. COHEN Director

Case 1:02-cv-01632-FMA

Document 16

Filed 01/16/2004

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OF COUNSEL: ANNE N. ROTH Assistant District Counsel United States Army Corps of Engineers Alaska District

s/Donald E. Kinner DONALD E. KINNER Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7561 Attorneys for the Defendant

January 16, 2004

Case 1:02-cv-01632-FMA

Document 16

Filed 01/16/2004

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Certificate of Filing I hereby certify that on January 16, 2004 a copy of foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE DEFENDANT'S IN CAMERA SUBMISSION" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/Donald E. Kinner