Free Supplemental Brief - District Court of Federal Claims - federal

Case 1:01-cv-00718-ECH

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Filed 06/04/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS _______________________________________ ) RON AND BETTY BLENDU, et al., ) ) Plaintiffs, ) ) No. 01-718 L v. ) ) Judge Emily C. Hewitt UNITED STATES OF AMERICA, ) ) ) Defendant. ) _______________________________________) JOINT APPENDIX OF SUMMARY JUDGMENT BRIEFS FROM HASH v. UNITED STATES REGARDING THE INTERPRETATION OF THE CATEGORY 6 DEEDS Pursuant to the Court's Order of May 31, 2007 (Doc. 56), the parties hereby submit this Joint Appendix of the cross-motions for summary judgment filed in Hash v. United States, No. CV99-324S-MHW (D. Idaho), on the question of whether the Category 6 deeds conveyed fee simple title or an easement to the Railroad as a matter of Idaho law. The Hash cross-motions for summary judgment and related submissions included in this Joint Appendix are as follows: Exhibit No. A B C Description PACER. No. from Doc Hash 83 122 122 Date Filed in Hash 6/1/2001 1/20/2006 1/20/2006

Excerpt of Joint Appendix ­ Joint Exhibit 5 (representative deed for Category 6) Defendant's Motion for Partial Summary Judgment, Supporting Memorandum Defendant's Supplemental Appendix of Exhibits

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Case 1:01-cv-00718-ECH

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Exhibit No.

Description

PACER. No. from Doc Hash 127

Date Filed in Hash 2/10/2006

D

Plaintiffs' Cross-Motion for Partial Summary Judgment and Response, Supporting Memorandum Plaintiffs' Appendix Errata to #127 Defendant's Summary Judgment Response/Reply Brief Plaintiffs' Summary Judgment Reply Brief Defendant's Sur-reply Plaintiffs' Sur-sur-reply

E F G H I J

127 128 131 132 140 141

2/10/2006 2/14/2006 2/24/2006 3/3/2006 3/28/2006 4/4/2006

In addition to the briefs listed above and attached hereto as Joint Exhibits A through H, the following exhibits, which were filed with the parties' Revised Title Stipulations (dated May 31, 2007) (Doc. 53), are relevant to the interpretation of the Category 6 deeds at issue in this case and are expected to be referenced by the parties in their supplemental briefs: Exhibit No. 1 2 3 4 5 6 7 Description Hash v. United States, No. CV-99-324-S-MHW, Mem. Decision (D. Idaho Nov. 21, 2001) Hash v. United States, No. CV-99-324-S-MHW, Mem. Decision (D. Idaho Aug. 18, 2006) Potter Deed Reed Deed (Category 6) Hallstrom Deed (Category 6) Male Deed Kilborn Deed 2

Case 1:01-cv-00718-ECH

Document 58

Filed 06/04/2007

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Exhibit No. 8 9 10 11 12 13

Description Girling Deed (Category 6) Day Deed (Category 6) Jeffreys Deed Glenn Deed (Category 6) Hartley Deed (Category 6) Hoffstatter Deed (Category 6)

The parties' supplemental briefs regarding the interpretation of the Category 6 deeds will be filed in accordance with the Court's scheduling Order of May 31, 2007 (Doc. 56).

Dated: June 4, 2007 Respectfully submitted, RONALD J. TENPAS Acting Assistant Attorney General Environment & Natural Resources Division s/ Lary C. Walker LARY C. WALKER WALKER LAW OFFICE 232 East Main Post Office Box 828 Weiser, ID 83672 TEL: (208) 414-0390 FAX: (208) 414-0404 E-MAIL: [email protected] Attorney for Plaintiffs s/ Kristine S. Tardiff KRISTINE S. TARDIFF United States Department of Justice Environment & Natural Resources Division Natural Resources Section 53 Pleasant Street, 4th Floor Concord, NH 03301 TEL: (603) 230-2583 FAX: (603) 225-1577 E-MAIL: [email protected] Attorney for Defendant