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Pastimes : The New Qualcomm - write what you like thread.

QCOM 181.83

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3:34 PM EST

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To: Maurice Winn who started this subject	3/12/2003 10:34:34 AM
From: John Hayman	of 12247

Court Rejects Claims by Nokia and Motorola By REUTERS n appeals court has dismissed on procedural grounds federal racketeering charges brought by Motorola and Nokia against the family that owns Telsim, Turkey's No. 2 wireless telephone operator. The three-judge panel of the United States Court of Appeals for the Second Circuit in New York said in a unanimous decision late on Friday that the judge handling the case had "incorrectly decided" that Motorola and Nokia could file the federal charges. The Uzan family, one of Turkey's wealthiest and the owner of Telsim, still faces fraud charges filed under Illinois state law by Motorola and Nokia. Motorola is based in Illinois. Advertisement But the appeals panel directed the judge, Jed S. Rakoff of Federal District Court in Manhattan, to decide whether those remaining claims fall under his jurisdiction. In January 2002, Motorola and Nokia sued several Uzan family members, accusing them of borrowing almost $3 billion from the companies with no intention of repaying the loans. In their lawsuit, the companies cited the United States antiracketeering laws and sought repayment plus damages. The loans dated to 1998, when the industry routinely lent money to customers for equipment purchases. The Uzans have said that the federal district court does not have jurisdiction over the dispute. The racketeering charges could be reinstated at a later date, but not until the cellphone makers have determined the value of the collateral they were to receive for their loans and the exact amount of damage suffered, the appeals court said in its decision. The appeals court also instructed Judge Rakoff to revisit his decision to bar arbitration proceedings in Switzerland with the International Chamber of Commerce's arbitration court, which was required by contracts with Telsim.

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