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KLAMATH STRATEGIC INVESTMENT FUND, LLC v. UNITED STATES

Civil Action Nos. 5:04-CV-278 (TJW), 5:04-CV-279.

440 F.Supp.2d 608 (2006)

KLAMATH STRATEGIC INVESTMENT FUND, LLC, by and through ST. Croix Ventures, LLC, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E.D. Texas, Texarkana Division.

July 20, 2006.

Attorney(s) appearing for the Case

Kent L. Jones, N. Jerold Cohen, Sheldon M. Kay, Thomas A. Cullinan, Kristin Balding Gutting, Sutherland, Asbill & Brennan, Atlanta, GA, for Plaintiff.

Andrew L. Sobotka, U.S. Attorney Office, Dallas, TX, Jennifer Kirkpatrick Brown, U.S. Dept of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION AND ORDER

WARD, District Judge.

Before the Court is Plaintiffs' Partial Motion for Summary Judgment (# 71) and the Defendant's Cross Motion for Summary Judgment (# 79). The Court has carefully considered the parties' written submissions in reaching its decision as set forth herein.

I. Introduction

Klamath Strategic Investment Fund, LLC ("Klamath") and Kinabalu Strategic Investment Fund, LLC ("Kinabalu") (collectively...

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