Free Response to Motion - District Court of Federal Claims - federal

Case 1:06-cv-00507-LJB

Document 13

Filed 02/05/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

EUGENE DAVIS Plaintiff v. UNITED STATES OF AMERICA Defendant.

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No. 06-507C Judge Bush

PLAINTIFF'S RESPONSE TO THE DEFENDANT'S MOTION TO DISMISS

Comes the Plaintiff and submits to the Court his response to the Government's motion to dismiss. In opposition to the said motion, the Plaintiff would show that his case should not be dismissed for lack of subject matter jurisdiction because his complaint was filed within the applicable statute of limitation. Respectfully submitted,

/s/ Phillip L. Davidson Phillip L. Davidson, #6466 2400 Crestmoor Road Suite 107 Nashville, Tennessee 37215 (615) 386-7115

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Case 1:06-cv-00507-LJB

Document 13

Filed 02/05/2007

Page 2 of 2

CERTIFICATE OF SERVICE I certify that an exact copy of the foregoing document was served electronically to the following: Peter D. Keisler Assistant Attorney General David M. Cohen Director /s/ Donald E. Kinner Assistant Director /s/ Richard P. Schroeder 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) 305-7788 Attorneys for the Defendant Of Counsel: Major Jerrett Dunlap United States Army Litigation Division Military Personnel Branch 901 N. Stuart St., Suite 400 Arlington, VA 22203-1837 Tel: (703) 696-1628 Fax: (703) 696-8126 on this the ____ day of ____________, 2007.

/s/ Phillip L. Davidson Phillip L. Davidson

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