Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:00-cv-00129-FMA

Document 75

Filed 09/09/2004

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

LOCKHEED MARTIN CORPORATION, ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. )

No. 00-129C (Judge Allegra)

PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT To simplify this case and expedite its final resolution, Lockheed Martin Corporation ("Lockheed" or "Plaintiff") is limiting the amount it seeks to recover in this case to a portion of the Government's underpayment of CRAY computer costs, specifically, the portion of Lockheed's loss on the disposition of the CRAY computers that is allocable to government contracts using the Government's actual usage method. Pursuant to Rule 56 of the United States Court of Federal Claims and in accordance with the Court's Orders dated August 23 and September 3, 2004, Lockheed respectfully moves the Court for summary judgment: (1) dismissing the Government's counterclaim with prejudice, and (2) deciding that Lockheed is entitled to recover its loss on the disposition of the CRAY computers that is allocable to government contracts, with the amount of recovery to be resolved by the parties or in further proceedings because determination of this amount is not amenable to summary judgment.

Case 1:00-cv-00129-FMA

Document 75

Filed 09/09/2004

Page 2 of 2

This Motion is based on the accompanying Brief in Support and the Proposed Findings of Uncontroverted Fact. Lockheed requests that the Court grant oral argument on this Motion.

Respectfully submitted, s/Clarence T. Kipps _________________________________ Clarence T. Kipps, Jr., Esq. MILLER & CHEVALIER CHARTERED 655 15th Street, N.W., Suite 900 Washington, D.C. 20005 Tel: (202) 626-5800 Fax: (202) 628-0858 Attorney of Record Lockheed Martin Corporation Of Counsel: Angela B. Styles, Esq. Kimberly R. Heifetz, Esq. MILLER & CHEVALIER CHARTERED 655 15th Street, N.W., Suite 900 Washington, D.C. 20005 Tel: (202) 626-5800 Fax: (202) 628-0858 David M. Christenson, Esq. LOCKHEED MARTIN CORPORATION 6801 Rockledge Drive Bethesda, Maryland 20817 Tel: (301) 897-6127 Fax: (301) 897-6333 Dated: September 9, 2004

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