Free Order on Motion in Limine - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM

Document 340

Filed 04/29/2005

Page 1 of 1

In the United States Court of Federal Claims
____________________________________ ) PRECISION PINE & TIMBER, INC., ) ) ) Plaintiff, ) v. ) ) THE UNITED STATES, ) ) Defendant. ) _________________________________)

No. 98-720 C

Filed April 29, 2005

ORDER On April 18, 2005, defendant filed a Motion in Limine to Exclude Testimony From Martin Devere Regarding the Appropriateness of a 1.25 Overrun Factor, document 313. Plaintiff filed a response to defendant's motion on April 28, 2005, document 330. Defendant's motion is GRANTED in part and DENIED in part. Mr. Devere will be permitted to testify regarding the appropriateness of a 1.25 overrun factor based on his visit to Precision Pine's sawmill, conversations with Mr. Porter about that mill and Precision Pine's other mills, the logs used by Precision Pine in the mid-1990s as well as Mr. Devere's years of experience with ponderosa pine sawmills in the Southwest, including the determination of overrun factors with respect to those mills. The Court will not permit testimony regarding the Beck study, nor testimony regarding conclusions based on the Beck study. IT IS SO ORDERED. s/ George W. Miller GEORGE W. MILLER Judge