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Case 1:03-cv-00623-LSM

Document 38-3

Filed 09/16/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

S. FINANCIAL CORP. Plaintiff

No. 03- 623C

(Senior Judge Margolis)

THE UNITED STATES, Defendant.

THE W.

N. GROUP , INC.
Third Party Defendant.

AFFIDAVIT
COMES NOW Douglas Dixon , who , being over the age of 18 , and otherwise competent

to make this Affidavit , and duly sworn upon his oath and upon personal knowledge , states:

I am President of US. Financial Corporation ("US. Financial"
S. Financial is a financing institution pursuant to the Assignment of Claims
Act.

In February 1999 , the W. I.N. N. Group (" WINN" ) assigned all moneys due and to

become due under Contract No. F49642- 97- COO30 Replace Electrical Distribution System and

Main Substation , Facility 18" at Bolling Air Force Base (the " Contract" ) to U. S. Financial. A
copy of the Assignment Agreement is attached as Exhibit A.
WINN' s assignment ofthe moneys due and to become due under the Contract to

US. Financial was made "FOR VALUABLE CONSIDERATION " the receipt of which was

acknowledged by WINN. See Exhibit

Case 1:03-cv-00623-LSM

Document 38-3

Filed 09/16/2004

Page 2 of 3

The consideration given by U. S. Financial to WINN was the ability to boITOW

funds for the performance of the Contract.

S. Financial provided notice of the assignment from WINN to U. S. Financial of

the moneys due or to become due under the Contract to the United States Air Force (the Government"). A copy of the Notice of Assignment to the Government is attached as Exhibit

The Notice of Assignment was made " pursuant to the provisions of the

Assignment of Claims Act of 1940 as amended. "

See Exhibit B.

The Government issued Modification No. POOOOI to the Contract to incorporate
the assignment of funds from WINN to U. S. Financial. A copy of Modification No. POOOOI is
attached as Exhibit C.

The assignment of funds from WINN to U. S. Financial has not been rescinded by
S. Financial and is still in full force and effect.

Case 1:03-cv-00623-LSM

Document 38-3

Filed 09/16/2004

Page 3 of 3

Further Affiant Sayeth Not.

I solemnly aff'trm under the penalties of perjury and upon personal knowledge that the contents

of the foregoing paper are true.

September

.Ilf , 2004

State of Virginia, County ofFairtax

to befOre me this .cpIA(Jay of September 2004

ublic
My Commission expires:

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