Emulex, What Prospects? Message Board

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Technology Stocks : Emulex, What Prospects?

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To: James Burke who wrote (531)	8/25/2000 9:05:36 PM
From: WTMHouston	of 788

<<I didn't understand Nasdaq's "negotiate with your broker" comment. For others in the same boat, please post any useful information with regards to legal or broker action that might result from this hoax.>> I will not confirm (and this is not meant to be a representation or advise) that this is a realistic option; you will need to consult a securities lawyer for that. However, in general, the purchase or sale of stock is a contract like any other. Generally, mutual mistake of fact is a defense to performance on a contract and thus, may serve as a defense to performing on the contract. The above is WAY over simplified and there are a lot of what ifs and but fors to be considered. Plus, even though it applies to contracts in general, there may be statutes or regulations that eliminate its application to securities trades. I do not know. As a practical matter, a loss of only a few thousand dollars (as painful as it is) is probably not worth the expense likely to be incurred to fight the battle. On the other hand, a loss of tens or hundreds of thousands of dollars may very well be worth the extra expense. Troy

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