Free Joint Status Report - District Court of Federal Claims - federal

Case 1:06-cv-00691-LMB

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Filed 10/24/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS _________________ No. 06-691 T (Judge Baskir) ILLINOIS CENTRAL RAILROAD COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. _________________ JOINT STATUS REPORT _________________

Pursuant to the Court's Order filed January 5, 2007, Plaintiff and Defendant hereby file this Joint Status Report regarding the progress of proceedings in CSX Corp. v. United States, Fed. Cl. No. 95-858T, appeals docketed, Fed. Cir. No. 07-5003, and other matters relevant to the instant case. The Court's January 5, 2007 Order stayed all proceedings in the instant case pending issuance of a final nonappealable decision in the CSX case, and directed that the parties file Joint Status Reports in the instant case every 45 days, consistent with the schedule for filing Joint Status Reports in the related cases of Grand Trunk Western Railroad Incorporated

Case 1:06-cv-00691-LMB

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Filed 10/24/2007

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v. United States , Fed. Cl. No. 00-544T, and Illinois Central Railroad Company v. United States, Fed. Cl. No. 06-527T. The CSX case remains pending on appeal before the United States Court of Appeals for the Federal Circuit. As reported in the parties' previous Joint Status Report, briefing in the CSX appeal before the Federal Circuit has been completed. Oral argument before the Court of Appeals occurred on October 2, 2007. The CSX case is now awaiting decision on appeal.

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Case 1:06-cv-00691-LMB

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Filed 10/24/2007

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Respectfully submitted,

Oct. 24, 2007 Date

s/ Steven C. Lambert STEVEN C. LAMBERT Attorney of Record for Plaintiff Foley & Lardner LLP 3000 K Street, N.W., Suite 500 Washington, DC 20007 Tel: (202) 295-4067 Fax: (202) 672-5399 Of Counsel for Plaintiff: RICHARD F. RILEY, JR. Foley & Lardner LLP 3000 K Street, N.W., Suite 500 Washington, DC 20007

Oct. 24, 2007 Date

s/ Benjamin C. King, Jr. BENJAMIN C. KING, JR. Attorney of Record for Defendant Tax Division, Court of Federal Claims Section U.S. Department of Justice Post Office Box 26 Ben Franklin Station Washington, DC 20044 Tel: (202) 307-6506 Fax: (202) 514-9440 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section

Oct. 24, 2007 Date

s/ David Gustafson Of Counsel

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