Free Cross Motion [Dispositive] - District Court of Federal Claims - federal

Case 1:03-cv-01155-LB

Document 50

Filed 09/15/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

THE COCA-COLA COMPANY & SUBSIDIARIES, Plaintiffs, v. THE UNITED STATES, Defendant.

) ) ) ) ) No. 03-1155 T ) The Honorable Lawrence J. Block ) ) ) )

CROSS-MOTION OF THE UNITED STATES FOR SUMMARY JUDGMENT AND REQUEST FOR ORAL ARGUMENT

Defendant, the United States, pursuant to Rule 56(b) of the Rules of the United States Court of Federal Claims, moves the Court to enter summary judgment in its favor, and to dismiss the Complaint with prejudice. As good cause therefor, defendant states that no genuine issue exists as to any material fact, and that defendant is entitled to judgment as a matter of law. In support of this motion, defendant relies upon plaintiff's proposed findings of uncontroverted fact, defendant's proposed findings of uncontroverted fact, filed herewith, and the accompanying brief. The United States requests oral argument on this motion.

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Case 1:03-cv-01155-LB

Document 50

Filed 09/15/2006

Page 2 of 2

WHEREFORE, defendant prays that its cross-motion for summary judgment be granted, that plaintiff's motion for summary judgment be denied, and that the Complaint be dismissed, with prejudice, with all allowable costs assessed against plaintiff.

Respectfully submitted,

s/ W. C. Rapp W. C. RAPP Attorney of Record United States Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 Voice: (202) 307-0503 Fax: (202) 514-9440 Email: [email protected] EILEEN J. O'CONNOR Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section

September 15, 2006

s/ David Gustafson Of Counsel

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