Free Response - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 183

Filed 02/23/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiff, ) ) v. ) ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) THE OSAGE TRIBE OF INDIANS OF OKLAHOMA,

Electronically Filed: February 23, 2006 No. 99-550L (into which has been consolidated No. 00-169L) Judge Emily C. Hewitt

DEFENDANT'S RESPONSE TO PLAINTIFF'S BRIEF ON HEARSAY AND FOUNDATION ISSUES FOR PLAINTIFF'S EXHIBITS 515 AND 86 Pursuant to the Court's February 17, 2006, Order, and in response to Plaintiff's Brief on Hearsay and Foundation Issues for Plaintiff's Exhibits 515 and 86 ("Pl.'s Br."), Defendant submits this brief. I. PLAINTIFF'S EXHIBIT 515 Defendant hereby withdraws its hearsay and foundation objections to Plaintiff's Exhibit 515. II. PLAINTIFF'S EXHIBIT 86 Plaintiff indicates that the Court requested briefing on Defendant's hearsay objection to Plaintiff's Exhibit 86. See Pl.'s Br. at 4. At the pretrial conference on February 16, 2006, however, Defendant withdrew its hearsay and authentication objections to Plaintiff's Exhibit 86 in return for Plaintiff withdrawing its objection to Defendant's Exhibit 810. See February 16, 2006 Transcript at 125:22-126:4, 127:20-129:4.

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Case 1:99-cv-00550-ECH

Document 183

Filed 02/23/2006

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Respectfully submitted this 23rd day of February, 2006.

SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division

s/ Brett D. Burton BRETT D. BURTON United Sates Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0212 Counsel of Record for Defendant

s/ Martin J. LaLonde MARTIN J. LALONDE KEVIN WEBB United States Department of Justice Environment and Natural Resources Division P. O. Box 663 Washington, D.C. 20044-0663 Telephone: (202) 305-0247 Fax: (202) 353-2021 Attorneys for Defendant

OF COUNSEL: Elisabeth Brandon Brenda Riel Attorneys Office of the Solicitor Division of Indian Affairs U.S. Department of the Interior 2

Case 1:99-cv-00550-ECH

Document 183

Filed 02/23/2006

Page 3 of 3

MS 6456 Washington, D. C. 20240 Telephone: (202) 208-4218 Fax: (202) 208-3490 Teresa E. Dawson Senior Counsel Office of Chief Counsel Financial Management Service U.S. Department of the Treasury 401 14th Street, S.W. Washington, D.C. 20227 Telephone: (202) 874-6877 Fax: (202) 874-6627

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