Free Notice (Other) - District Court of Federal Claims - federal

Case 1:98-cv-00154-JFM

Document 352-2

Filed 12/01/2004

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U.S. Department Justice of Civil Division PDK:DMC:HDLester D.J. No. 154-98-126
Washington, D.C. 20530

December 1,2004

The Honorable James F. Merow United States Court of Federal Claims 717 Madison Place, N.W. Washington D.C. 20005 YankeeAtomic Electric PowerCo. v. United States, No. 98-126C (Fed. C1.); Connecticut YankeeAtomic PowerCo, v. United States, No, 98-154C(Fed. C1.); MaineYankeeAtomic PowerCo. v. United States. No. 98-474C(Fed. C1.) Dear Senior Judge Merow: Pursuantto the Court's request at the conclusionof trial on August31, 2004, and in accordancewith the Court's order dated September21, 2004, enclosed are paper copies of the Government's post-trial brief and the corrected copy of the Government's proposedfindings of fact in these three cases. In addition, enclosedare two disks, one of whichcontains our post-trial brief and proposedfindings of fact in .pdf format and one of whichcontains those pleadings in WordPerfect format. In addition, pursuant to this Court's September 2004order, we have enclosed with this 21, letter paper copies of the Government exhibits that wereintroduced at trial in these cases, paper copies of the demonstratives used at trial, a disk containingelectronic copies of those exhibits in .pdf format, and a disk containing electronic copies of those demonstrativesin .pdf format. At the present time, the parties are discussing one of the exhibits that the Government introduced at trial, Defendant'sExhibit 554, and mayhave a dispute regarding whetherthe Court, in admitting that exhibit, included the appendicesto that document part of the admitted exhibit. Whilethe as parties workto resolve that issue, we havenot included in the attached paper copyof Defendant's Exhibit 554 or the electronic copy of that exhibit on the accompanying the appendicesto disk

Case 1:98-cv-00154-JFM

Document 352-2

Filed 12/01/2004

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-2that exhibit. If the parties are unableto resolve this issue, wewill file an appropriatemotion seekingthe Court'sassistance in resolvingit. Verytruly yours,

CommercialLitigation Branch Civil Division Enclosures
CC:

Jerry R. Stouck Spriggs & Hollingsworth