BOEING COMPANY, THE v. USA

Filing 249

ORDER granting 248 Motion for Relief from Judgment. The Clerk is directed to vacate its Judgment entered April 20, 2009, in favor of plaintiff and against defendant. The Clerk is also directed to withdraw the parties Bill of Costs filed pursuant to RCFC 54(d), as each party has agreed to bear its own costs and attorneys fees. Signed by Judge Francis M. Allegra. (si)

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In The United States Court of Federal Claims
No. 00-705C (Filed: December 22, 2009) __________ THE BOEING COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. _________ ORDER __________ On December 18, 2009, the parties filed a joint motion for relief from judgment. Pursuant to RCFC 60(b)(6), and based expressly on the parties' Joint Stipulation of Relief From Judgment dated December 16, 2009, the parties' joint motion is hereby GRANTED. Accordingly, the Clerk is directed to vacate its Judgment entered April 20, 2009, in favor of plaintiff and against defendant for a total of $28,338,478.03 and $2,540.67 for each day after April 17, 2009, until such judgment is paid, and enter an amended Judgment in favor of plaintiff and against defendant for the total lump sum of $20,000,000 and $2,500 for each day after December 31, 2009, until such judgment is paid. The Clerk is directed to withdraw the parties' Bill of Costs filed pursuant to RCFC 54(d), as each party has agreed to bear its own costs and attorney's fees. IT IS SO ORDERED.

s/ Francis M. Allegra Francis M. Allegra Judge

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