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Case 1:99-cv-00550-ECH

Document 222

Filed 04/03/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) Plaintiff, ) ) v. ) ) ) ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________)

THE OSAGE NATION AND/OR TRIBE OF INDIANS OF OKLAHOMA,

Electronically Filed April 3, 2006 No. 99-550 L (into which has been consolidated No. 00-169 L) Judge Emily C. Hewitt

PRAECIPE

At the conclusion of the testimony of Plaintiff's expert Stephen Jay on April 3, the Court directed Plaintiff to file, by 8:00 p.m. the same day, a statement identifying the likely basis for Mr. Jay's statement to the following effect: that his understanding, from conversation with Plaintiff's counsel, was that the Court viewed the Arthur Andersen report's "benchmark" rates less favorably than Treasury-bill rates as a measure for calculating damages in this case. Plaintiff's counsel advised Mr. Jay of the Court's remarks at the February 16 pre-trial conference on this subject. Pages 275 to 277 of the transcript of that conference have been attached as an exhibit to this filing.

Case 1:99-cv-00550-ECH

Document 222

Filed 04/03/2006

Page 2 of 2

Dated this April 3, 2006

Respectfully submitted,

s/Wilson K. Pipestem WILSON K. PIPESTEM Pipestem Law Firm, P.C. 1333 New Hampshire Avenue, N.W. Washington, D.C. 20036 Telephone: (202) 419-3526 Fax: (202) 659-4931 [email protected] Attorney for Plaintiff Osage Nation

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