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Non-Tech : Golden State (GSB) formerly Glendale Savings

GSB 9.480

0.0%

Aug 28 5:00 PM EST

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To: Paul Lee who wrote ()	1/3/1998 3:28:00 PM
From: Paul Lee	of 75

Interesting reading from Chief Judge Smith in his 12/22/97 opinion in Cal Fed vs. US "It is the obligation of the United States to do right. Every free government can be judged by the degree to which it respects the life, liberty and property of its citizens. The US stands tall among the Nations because it is a just Nation. In the instant cases the US has not acted in a manner worthy of the great Nation it is. Because the dollars at stake appear to be so large the government has raised legal and factual arguments that have little or no basis in law, fact or logic. While the court can appreciate the concerns of the government's attorneys to protect the public treasury, and they are honorable people, it must severely criticize the tactics and approach of the government in these motions for summary judgement....This does no credit to the United States. If the arguments put forth here are the strongest the US can muster against liability then the government has a moral obligation to seek a fair and equitable settlement from the parties whose contracts were breached. If this cannot be achieved the the court is here to resolve these cases. However, the court is a tool of last resort. Where the government has violated rights it should first attempt to do justice without judicial promting. Maybe these ideas are old-fashioned, but they strike the court as particularly applicable to a department that bears the sacred name of Justice. It takes courage to make decisions that may require the government to pay huge sums of money to injured parties....It is the court's hope that following this decision the Winstar cases are either settled or litigated on a serious level. CONCLUSION Defendant's arguments on the eleven Common Issues... range from rejected to the implausible. This is so since the arguments are heavily legal, and the government persists in ignoring or misrepresenting the law while failing to disinguish the cases factually. Summary judgement on the Common Issues is thus appropriately granted to Plaintiffs.

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