Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:99-cv-04451-ECH

Document 172-3

Filed 02/26/2007

Page 1 of 3

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JANICE ANDERSON, MAY 03, 2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

JOHN H. et al.,

and MARY E. BANKS,

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VS.

Plaintiffs, No. 99-4451 L

UNITED STATES OF AMERICA, Defendant. STONE, ERROL L. & SUSAN H. In their own right and as Trustees of the Susan H. Stone Trust and the Errol L. Stone Trust, Plaintiffs, vs. UNITED STATES OF AMERICA, Defendant.

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) ) No. 04-277 L ) )

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The deposition of JANICE ANDERSON, called for examination, taken before LISA O'BRIEN ZURAWSKI, CSR No. 84-3822, a Notary Public within and for the County of DuPage, State of Illinois, and a Certified Shorthand Reporter of said state, at Suite i000, 155 North Wacker Drive, Chicago, Illinois, on the 3rd day of May, A.D. 2006, at 9:45 a.m. N~|~|l|~|

UI'ilUIIIJ L

ESQUIRE DEPOSITION SERVICES - CHICAGO 312.782.8087 800.708.8087 FAX: 312.704.4950

EXHIBIT 2

Case 1:99-cv-04451-ECH

Document 172-3

Filed 02/26/2007

Page 2 of 3
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JANICE ANDERSON, MAY 03, 2006

'~0:18:53 410:19:09 10:19:13 10:19:17 T ill 10:19:20

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Q.

Do you have any kind of understanding

about whether or not the Corps of Engineers ever undertook any kind of efforts to improve the -- what was happening out there along the shoreline; any kind of efforts by them to provide additional sand to the beaches or to the shoreline to somehow improve the overall erosion issue there? A. I always felt that we were alone in that;

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10:19:23 10:19:27

10:19:30

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that no one -- I mean, this isn't like Katrina, or anything, but that it was just our tough luck. This is what happened. Move on. that's Either, We have no sand. Forget it. you know -- there's no beach,
SO

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life. So do I -I don't think -say no, they didn't and they didn't help to answer the question, help us. We didn't seek
US.

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10:19:48 [0:19:50

Q. A.
I will help,

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Q. A. Q.

Okay. "Us" being My husband and I. Okay. Apart from

not --

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you and your husband,

do you have any awareness any other kind of efforts the shoreline itself, and your husband, per se?

of whether or not they had for the general good of not specifically you and

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i.

ESQUIRE DEPOSITION SERVICES- CHICAGO 312.782.8087 800.708.8087 FAX: 312.704.4950

Case 1:99-cv-04451-ECH

Document 172-3

Filed 02/26/2007

Page 3 of 3
36

JANICE ANDERSON, MAY 03, 2006

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io

No. And I would say because I am a

summer person, I don't follow their local news. Q. Okay.

MR. PETRIE: I would like to take a break. THE WITNESS: Okay. a recess was had.)

(WHEREUPON, BY MR. PETRIE: Q.

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Ms. Anderson, I wanted to revisit your

efforts to remember when this big storm occurred where you lost everything; the storm that preceded the building of the second seawall, okay. And I fully appreciate difficulties in looking back a number of years and trying to place

410:26:30 10:26:34 I 'i0:26:38 1(1:26:42 11):26:49 10:26:52

roughly when something happened. Let me give you an example of see how Petrie tries to remember things, to

if my methodology has any application in your assist you in remembering when this storm

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life, to happened.

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I spent 20 years in the air force after I graduated from the Air Force Academy, and my wife --

I noticed some of the things that you were able to remember were associated with the kinds of things my wife remembers things by; same sort of things in life -- in a married life. But my ability to

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