Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM

Document 386

Filed 09/12/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS PRECISION PINE & TIMBER, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 98-720C (Judge George W. Miller)

PLAINTIFF'S MOTION FOR LEAVE TO FILE A CORRECTED POST-TRIAL BRIEF AND PROPOSED FINDINGS OF FACT NUNC PRO TUNC Plaintiff respectfully moves for leave to file a corrected Post-Trial Brief and Proposed Findings of Fact nunc pro tunc. The basis for the motion is that, subsequent to the filing of its brief, plaintiff was contacted by defendant with regard to a suggestion made on page 32 of plaintiff's original post-trial brief with respect to the testimony of one of defendant's witnesses, Mr. Maurer. Upon receipt of defendant's letter on the subject, counsel for plaintiff re-examined all of the facts and circumstances surrounding the subject regarding which Mr. Maurer had testified.

Based on that review, plaintiff continues to believe that the facts are at odds with Mr. Maurer's testimony. However, plaintiff also believes that evidence leading to the unavoidable conclusion that his testimony was perjurious is lacking. As such, plaintiff seeks leave to file the

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Case 1:98-cv-00720-GWM

Document 386

Filed 09/12/2005

Page 2 of 2

corrected brief and corrected proposed findings of fact1 (copy attached), to delete any suggestion to the contrary. Respectfully submitted, s/Alan I. Saltman SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20006 (202) 452-2140 Counsel for Plaintiff OF COUNSEL: Richard W. Goeken Bryan T. Bunting SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20006 (202) 452-2140 Dated: September 12, 2005

The only changes to the original version of these documents appear at page 32 of the brief and page 132 of the proposed findings. 2

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