Free Motion to Dismiss - Rule 41(a) - District Court of Federal Claims - federal

Case 1:03-cv-01418-GWM

Document 84

Filed 08/08/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

L. TIM WAGNER, LIQUIDATOR OF AMWEST SURETY INSURANCE COMPANY, IN LIQUIDATION, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant.

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Case No. 03-1418C Judge Miller

JOINT STIPULATION AND MOTION FOR DISMISSAL WITH PREJUDICE The Plaintiff, Ann M. Frohman,1 successor to L. Tim Wagner, Liquidator of Amwest Surety Insurance Company in Liquidation ("Liquidator") and the Defendant, the United States of America ("Government") state that they have reached a resolution of all outstanding issues between them and the settlement has been approved by the Nebraska court overseeing the liquidation of Amwest Surety Insurance Company. Accordingly, the parties hereby move this Court for an Order dismissing all claims in this matter, with prejudice, with each party to bear its own costs.

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L. Tim Wagner died on October 9, 2007. Ann M. Frohman is Mr. Wagner's successor as the Nebraska Insurance Director which means, by operation of law, she has become the Liquidator of Amwest Surety Insurance Company.

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Case 1:03-cv-01418-GWM

Document 84

Filed 08/08/2008

Page 2 of 2

Dated: August 8, 2008. Respectfully submitted,

HUSCH BLACKWELL SANDERS LLP

PETER D. KEISLER Assistant Attorney General J. CHRISTOPHER KOHN Director

/s/ Michael D. Fielding Douglas J. Schmidt Michael D. Fielding 4801 Main Street, Suite 1000 Kansas City, Missouri 64112 Ph. (816) 983-8000 Fx. (816) 983-8080 Attorneys for Plaintiff

/s/ Robert E. Krischman (by permission) ROBERT E. KRISCHMAN Deputy Director

/s/ E. Kathleen Shahan (by permission) E. Kathleen Shahan Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, N.W. (8th Floor) Washington, D.C. 20530 Ph. (202) 307-0249 Fx. (202) 307-0494 Attorneys for Defendant

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