Free Response - District Court of Federal Claims - federal

Case 1:03-cv-00623-LSM

Document 38-2

Filed 09/16/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

u. S. FINANCIAL CORPORATION

Plaintiff

: No. 03- 623C

(Senior Judge Margolis)

UNITED STATES,
Defendant.

PLAINTIFF' S PROPOSED FINDINGS OF UNCONTROVERTED FACT
COMES NOW u.S. Financial Corporation ("u.S.
Financial" ),

through counsel , and for

its Proposed Findings of Uncontroverted Fact , states as follows:
On or about September 29 , 1997 , the United States Air Force (the " Government"

entered into a contract with The WINN Group, Inc. (" WINN" ) to Replace Electrical Distribution

System and Main Substation , Building 18 , at Bolling Air Force Base , Contract No. F49642- 97-

0030 (hereinafter the " Contract" ).

See Defendant's

Response to Plaintiffs Proposed Findings

of Fact dated October 24 2003 (" Defendant' s Response ), Paragraph 1.
On or about February 17 , 1999 , WINN assigned all proceeds from the Contract to
u.S. Financial. See

Defendant's Response , Paragraph 2.

On or about March 8 , 1999 , the Government issued Modification POOOOI to the

Contract , which incorporated the assignment of funds between WINN , as assignor , and U.

Financial , as assignee , and assigned all funds for future payments under the Contract to U.

Financial. See Defendant' s Response , Paragraph 3.

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From March 1999 through June 2002 , the Government made payments under the
Contract to U. S. Financial in accordance with the assignment of funds. See Defendant'

Response , Paragraph 4.
On July 3 , 2002 , the Government erroneously paid WINN $42 686. 53.
See

Defendant's Response , Paragraph 5.
On September 30 , 2002 , the Government erroneously paid WINN $10 000. 00.
See Defendant' s Response , Paragraph 6.

Despite repeated demands , the Government has failed and refused to pay U.
Financial the $52 686. 53 pursuant to the assignment of funds. See Defendant's Response
Paragraph 7.

u.S. Financial is a financing institution pursuant to the Assignment of Claims

Act. See the Affidavit of Douglas Dixon , President of u.S. Financial Corporation ("Dixon
Affidavit" ), Paragraph 2 , which is attached as Exhibit 1.
A copy of the Assignment Agreement between WINN and U. S. Financial

whereby WINN assigned all moneys due and to become due under the Contract to U. S. Financial

is attached as Exhibit A to the Dixon Affidavit. See Dixon Affidavit, Paragraph 3.
10.

WINN' s assignment of the moneys due and to become due under the Contract to

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

acknowledged by WINN. See Dixon Affidavit , Paragraph 4.
11.

The consideration given by u.S. Financial to WINN was the ability to borrow

funds for the performance of the Contract. See Dixon Affidavit , Paragraph 5.
12.

A copy of the Notice of Assignment to the Government whereby u.S. Financial

provided notice of the assignment from WINN to u.S. Financial of the moneys due or to become

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due under the Contract is attached as Exhibit B to the Dixon Affidavit. See Dixon Affidavit
Paragraph 6.
13.

The Notice of Assignment was made "pursuant to the provisions ofthe
See Dixon Affidavit , Paragraph 7.

Assignment of Claims Act of 1940 as amended. "
14.

A copy of Modification No. POOOOI that the Government issued to incorporate

the assignment of funds from WINN to u.S. Financial into the Contract is attached as Exhibit C

to the Dixon Affidavit. See Dixon Affidavit , Paragraph 8.
15.

The assignment of funds from WINN to u.S. Financial has not been rescinded by

u.s. Financial and is still in full force and effect. See Dixon Affidavit , Paragraph 9.

Respectfully submitted

Dated: September 16 , 2004

Isl Paul V. Waters SPRIGGS & HOLLINGSWORTH 1350 I Street , N. Washington , D. C. 20005 (202) 898- 5800 (202) 682- 1639 (Fax)
Attorneys for
S.

Financial Corporation

Case 1:03-cv-00623-LSM

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 16 2004 , a copy ofthe foregoing Plaintiffs Proposed Findings of Uncontroverted Fact 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 electronic filing system.
Isl Paul V. Waters