Free Response to Motion - District Court of Federal Claims - federal

Case 1:97-cv-00582-MMS

Document 48-3

Filed 08/10/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ALGONQUIN HEIGHTS, et al., Plaintiffs, v. THE UNITED STATES, Defendant.

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No. 97-582C Judge Robert H. Hodges, Jr.

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DEFENDANT'S THIRD SET OF REQUESTS FOR ADMISSION Pursuant to Rule 36 of the Rules of the United States Court of Federal Claims, defendant, the United States, requests that the plaintiffs respond to the requests for admission set forth below. DEFINITIONS The United States incorporates by reference the definitions used in Defendant's Third Set of Interrogatories.

Case 1:97-cv-00582-MMS

Document 48-3

Filed 08/10/2007

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REQUESTS FOR ADMISSION REQUEST FOR ADMISSION NO. 1: For each subject property, admit that you did not apply to prepay the Government-insured mortgage on the subject property pursuant to ELiI-/PA. Response:

Case 1:97-cv-00582-MMS

Document 48-3

Filed 08/10/2007

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REQUEST FOR ADMISSION NO. 2: For each subject property, admit that you have not obtained a final decision from HUD applying ELIHPA to the subject property. Response:

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Case 1:97-cv-00582-MMS

Document 48-3

Filed 08/10/2007

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REQUEST FOR ADMISSION NO. 3: For each subject property, admit that you did not apply, to prepay the Government-insured mortgage on the subject property pursuant to LIHPRHA. Response:

Case 1:97-cv-00582-MMS

Document 48-3

Filed 08/10/2007

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REQUEST FORADMISSION NO. 4: For each subject property, admit that you have not obtained a final decision from HUD applying LIHPRHA to the sul~ject property. Response:

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Case 1:97-cv-00582-MMS

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Filed 08/10/2007

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PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Direct~.r \ BRIAN M. SIMK1N Assistant Director

DAVID A. HARRINGTON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0277 Fax: (202) 307-0972
May 1, 2007

Attorneys for Defendant

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Case 1:97-cv-00582-MMS

Document 48-3

Filed 08/10/2007

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CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on this ~ day of May 2007, I caused to be delivered by hand delivery, Defendant's Third Set of Requests For Admission, to: Harry J. Kelly Nixon Peabody, LLP 410 Ninth Street, N.W., Suite 900 Washington; D.C. 20004