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

Case 1:98-cv-00154-JFM

Document 347

Filed 11/22/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS YANKEE ATOMIC ELECTRIC COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 98-126C (Senior Judge Merow)

DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED PROPOSED FINDINGS OF FACT1 Defendant, the United States, respectfully requests leave of the Court to file a corrected copy of defendant's post-trial proposed findings of fact. When we submitted our proposed findings of fact on November 18, 2004, we inadvertently failed to attach a signature page as required by RCFC 11(a). Accordingly, we respectfully request the Court's permission to submit a corrected copy of defendant's proposed findings of fact that will include the signature page. Otherwise, the corrected document will be identical to that filed on November 18, 2004. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ David M. Cohen DAVID M. COHEN Director

The Government requests that this motion also be deemed applicable in Connecticut Yankee Atomic Power Co. v. United States, No. 98-154C, and Maine Yankee Atomic Power Co. v. United States, No. 98-474C (collectively referred to as the "Yankee" cases).

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Case 1:98-cv-00154-JFM

Document 347

Filed 11/22/2004

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s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-7562 Fax: (202) 307-2503 November 22, 2004 Attorneys for Defendant

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Case 1:98-cv-00154-JFM

Document 347

Filed 11/22/2004

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CERTIFICATE OF FILING I hereby certify that on the 22nd day of November, 2004, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE CORRECTED PROPOSED FINDINGS OF FACT" was filed electronically. I understand that notice of filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s Harold D. Lester, Jr.