Albano v. United States of America

Filing 121

ORDER granting 117 Motion to Dismiss; the United States' counterclaims against William A. Albano, personally, and against William A. Albano as personal representative of the Estate of Mary Jo Albano, deceased, are dismissed with prejudice; the claims stated against the United States by William A. Albano, personally, and by William A. Albano as personal representative of the Estate of Mary Jo Albano, deceased are dismissed with prejudice; the parties will bear their own costs. Ordered by Senior Judge Lyle E. Strom. (copy mailed to pro se party)(CJP)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ROBERT ALEXANDER ALBANO aka ALEX ALBANO, Plaintiff and Counterclaim Defendant, v. UNITED STATES OF AMERICA, Defendant and Counterclaim Plaintiff, v. WILLIAM A. ALBANO and WILLIAM A. ALBANO as Personal Representative of the Estate of MARY JO ALBANO, deceased, Additional Counterclaim Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 8:06CV229

AGREED JUDGMENT OF DISMISSAL WITH PREJUDICE

Upon the joint motion of William A. Albano, personally, and as personal representative of the Estate of Mary Jo Albano, deceased, and the United States, (collectively "the parties") the Court finds that the parties' counterclaims against each other should be dismissed with prejudice. IT IS ORDERED THAT 1. The United States' counterclaims against William A. Albano, personally, and against William A. Albano as personal representative of the Estate of Mary Jo Albano, deceased, are dismissed with prejudice.

2.

The claims stated against the United States by William A. Albano, personally, and by William A. Albano as personal representative of the Estate of Mary Jo Albano, deceased are dismissed with prejudice.

3.

The parties will bear their own costs.

DATED this 16th day of March, 2009.

BY THE COURT: /s/ Lyle E. Strom LYLE E. STROM, Senior Judge United States District Judge

Agreed to and submitted by: For the United States of America: For William A. Albano, in all capacities:

s/ Robert E. Fay ROBERT E. FAY VA Bar #74871 Trial Attorney, Tax Division United States Department of Justice Post Office Box 7238, Ben Franklin Station Washington, DC 20044-7238 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorney for Counterclaim Plaintiff/ Counterclaimant

s/ Michael D. Kozlik MICHAEL D. KOZLIK Harris Kuhn Law Firm, LLC 1005 South 107th Avenue, Suite 100 Omaha, NE 68114 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorney for Counterclaim Plaintiff/ Counterclaimants

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