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

Case 1:96-cv-00166-EJD

Document 292

Filed 09/14/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ZOLTEK CORPORATION, a Missouri corporation, Plaintiff, No. 96-166C v. Chief Judge Edward J. Damich THE UNITED STATES, Defendant. MOTION FOR LEAVE TO FILE SUPPLEMENTAL CITATION OF AUTHORITY TO MEMORANDUM OF THE UNITED STATES IN OPPOSITION TO ZOLTEK'S MOTION TO AMEND THE COURT'S ORDER OF APRIL 13, 2004 Defendant hereby moves to supplement its Opposition of the United States to Zoltek's Motion to Modify the Court's Order of April 13, 2004 with citation to the opinion of the United States Court of Appeals for the Federal Circuit in Crater Corp. v. Lucent Technologies, Inc., Slip Op. at 14-15 (Sept. 7, 2005) (discussing the procedure that a court should follow in evaluating claims where the United States has asserted the military and state secrets privilege). We will provide argument as to the relevance of this case ­ particularly, in light of the assertions in plaintiff's reply brief ­ during the oral argument.

Case 1:96-cv-00166-EJD

Document 292

Filed 09/14/2005

Page 2 of 2

The slip opinion is attached for the convenience of the court and plaintiff. Respectfully Submitted, PETER D. KEISLER Assistant Attorney General JOHN FARGO Director s/Gary L. Hausken GARY L. HAUSKEN Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Telephone: (202) 307-0342 Facsimile: (202) 307-0345 e-mail: [email protected] September 14, 2005 Attorneys for the United States