Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM

Document 311

Filed 04/15/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

PRECISION PINE & TIMBER, INC., Plaintiff, v. THE UNITED STATES, Defendant.

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

PLAINTIFF'S MOTION FOR LEAVE TO FILE A RESPONSE TO A NEW AND UNEXPECTED MATTER RAISED BY DEFENDANT IN ITS MEMORANDUM OF CONTENTIONS OF FACT AND LAW Pursuant to ¶ 14(c) of Appendix A, plaintiff, Precision Pine & Timber, Inc. ("Precision Pine"), respectfully moves the Court for leave to file the response attached hereto as Ex. 1 in order to respond to a new and unexpected matter presented in defendant's Memorandum of Contentions of Fact and Law at 28-29, i.e., an incorrect assumption by defendant that Precision Pine's response to Request for Admission No. 10 would be the same for the suspension period and the post-suspension period.

For the reasons set forth in the attached response, Precision Pine further moves the Court for leave to insert its supplemental answer to Request for Admission No. 10 attached hereto as Ex. 2 into Plaintiff's Exhibit 271.

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Case 1:98-cv-00720-GWM

Document 311

Filed 04/15/2005

Page 2 of 2

Respectfully submitted, s/Alan I. Saltman SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20008 (202) 452-2140 Counsel for Plaintiff OF COUNSEL: Richard W. Goeken SALTMAN & STEVENS, P.C. 1801 K Street, N.W. Suite M-110 Washington, D.C. 20006 (202) 452-2140 Dated: April 15, 2005

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