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To: Reginald Middleton who wrote (19790)5/29/1998 1:19:00 AM
From: Gerald R. Lampton   of 24154
 
The problem with the theory behind the DOJ's case, as well as Thure's comments is just that - they are theory, and totally ignore the reality of the situation.

At this point in the case, we're talking about the pleadings. In discussing the sufficiency of the pleadings to withstand a motion to dismiss for failure to state a claim, for example, we accept, and assume the truth of, the facts as pled.

It's only at the summary judgment and trial stages that you get into "the reality of the situation," when each side puts on its evidence and the finder of fact decides which version it finds most credible.

I'm assuming the facts as pled are true. We can discuss reality if and when we see what evidence the two sides present.
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