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

Case 1:01-cv-00351-JFM

Document 44

Filed 07/25/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CLEARWATER CONSTRUCTORS, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 01-351C (Judge Merow)

DEFENDANT'S UNOPPOSED MOTION TO SUBSTITUTE APPENDIX PAGE It has come to the Government's attention that the document represented upon page 21 of the Appendix to Defendant's Proposed Findings of Uncontroverted Fact ("the Appendix"), which we filed on July 20, 2005, is illegible. This is a result of the fact that a color copy of the underlying document was scanned in order to create the Appendix page. We have secured a more legible copy of the document, scanned it, and reviewed the scanned copy. This representation of the document, attached to this motion, is far more legible. Accordingly, we respectfully request the Court's permission to substitute the document attached to this motion for page 21 of our Appendix, filed July 20, 2005. Government counsel has previously informed plaintiff's counsel that he would seek to substitute a legible copy of the document and plaintiff's counsel did not object to the substitution. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/James M. Kinsella JAMES M. KINSELLA Deputy Director
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Case 1:01-cv-00351-JFM

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s/J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 305-7586 Fax: (202) 514-7969 July 25, 2005 Attorneys for Defendant

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Case 1:01-cv-00351-JFM

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ATTACHMENT Re-Scanned Page 21 Of Appendix

Case 1:01-cv-00351-JFM

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