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

Case 1:95-cv-00468-TCW

Document 221

Filed 08/24/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 95-468C (Judge Thomas C. Wheeler)

DEFENDANT'S NOTICE OF FILING OF POST-TRIAL MEMORANDUM OF FACT AND LAW ON CD-ROM Defendant, the United States, respectfully provides notice of its filing of a CD-ROM version of Defendant's Post Trial Memorandum Of Fact And Law, filed on August 6, 2007. The CD-ROM contains hyperlinks to the testimony and exhibits cited in our Post Trial Memorandum of Fact and Law. In addition, the CD-ROM corrects various typographical errors. The corrections are as follows: · · At Table of Contents: "Summary Of Agreement" should be "Summary Of Argument." At pages 26 ¶ 8, 28 ¶¶ 11-12, 29 ¶¶ 12, 14: "PX 342" should read "DX 197." (PX 342

was not admitted; its counterpart is DX 197, which was admitted.) · · · · At page 32: "DX 3141 at WON758 0048" should read "DX 3141 at WON758 0098." At page 58 ¶ 130: "DX 5112" should read "DX 512." At page 72: "PX 69A" should read "DX 69A." At page 106: "DX 2510 at AST0308703-04" should read "DX 2510 at AST030289."

Case 1:95-cv-00468-TCW

Document 221

Filed 08/24/2007

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· · · ·

At page 107: "Id. at AST002988" should read "Id. at AST002882." At page 134: "DX 1108" should be "PX 1108." At page 183: "PX 787 at PAA006" should read "PX 787 at PAA006 1593." At page 188: Our citation to Energy Capital Corp. v. United States, 302 F.3d. 1314, 1325

(2002) should read Energy Capital Corp. v. United States, 302 F.3d. 1316, 1325 (2002). · · · · At page 264: "PX 599 at AST048966" should read "PX 599 at AST048967." At page 264: "id. at PAA038 0276-77" should read "DX 591 at PAA038 0276-77." At page 281: "§ III C(4)(b)" should read "§ IV C(4)(b)" and link to page 217. At pages 281 and 285: "§ III C(4)(c)" should read "§ IV C(4)(c)" and link to page 219.

(We inadvertently misnumbered the sections in Law section of the brief; there is no Section III. Thus, our citations to Section III were meant to refer to the material located in Section IV). Service of the CD-ROM will be made by hand-delivery to the Court and plaintiff. Respectfully submitted, MICHAEL F. HERTZ Deputy Assistant Attorney General JEANNE E. DAVIDSON Director /s/ Kenneth M. Dintzer KENNETH M. DINTZER Assistant Director

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Case 1:95-cv-00468-TCW

Document 221

Filed 08/24/2007

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OF COUNSEL: ARLENE PIANKO GRONER ELIZABETH M. HOSFORD BRIAN A. MIZOGUCHI JOHN J. TODOR SAMEER YERAWADEKAR

/s/ John H. Roberson JOHN H. ROBERSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel. (202) 353-7972 Fax (202) 514-8640 Attorneys for Defendant

August 24, 2007

Case 1:95-cv-00468-TCW

Document 221

Filed 08/24/2007

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CERTIFICATE OF FILING I hereby certify that on this 24th day of August, 2007, a copy of the foregoing "DEFENDANT'S NOTICE OF FILING OF POST-TRIAL MEMORANDUM OF FACT AND LAW ON CD-ROM" was filed electronically. I understand that notice of this 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/ John H. Roberson John H. Roberson