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To: Jazzbo who wrote (40044)3/5/2000 12:51:00 PM
From: JWC  Read Replies (1) | Respond to of 44908
 
Very good post Tim.- EOM



To: Jazzbo who wrote (40044)3/5/2000 12:59:00 PM
From: ztect  Respond to of 44908
 
OT: Couldn't resist reinterpreting your words taken out of context and given my own bias...............

"..you speak from the heart. In your next life you ought to be a preacher. I'd say politician..."

Politicians speak from the heart? Thought most politicians these days said what their pundits told them was most favorable from polling data, especially Al and George.

z



To: Jazzbo who wrote (40044)3/5/2000 1:39:00 PM
From: ztect  Read Replies (1) | Respond to of 44908
 
Okay one more post for today, that only an attorney like Tim could really appreciate which was originally address to a bonehead on RB.....

Interesting but bone headed contention by a "basher"

"....Isn't "the Constitution" great! It allows everyone to share their opinions. I just love these idiots (oh, excuse me.....investors) who try and scare others away from making a "negative comment" about a stock they currently own...."

This particular basher goes on to say his comments are material "facts" after repeatedly referring to the company as a "scam", "shell", "front" and with other emotionally laden language while drawing conclusions not specifically stated as "fact" in SEC filed documentation.

He uses the First Amendment as his shield. But obviously this idiot doesn't realize that according to the Federal Law you can't yell fire in a crowded theater when he for a "fact" can't say that there is a fire.

Per Judge Turgeon's findings on a case argued succesfully in Superior Court:

"The right of free speech and address is a shield and not a constitutional sword...It needs no citation of legal precedent to announce that the freedom of speech is not absolute. Speech specifically designed to coerce through fear and intimidation are not essential parts of the exposition of ideas and they are of such insignificant social value as a step to the truth that any benefit that may be derived from them is outweighed by the societal interest in order and morality. Repeated acts and words...are not protected by the
First Amendment"


Heck, and this was a decision on a criminal case, not a civil one where the rules of evidence are much more lenient. In civil matters regarding libel, there are a multitude of other case examples demonstrating how truly ignorant certain people are, like the one to whom I responded on RB, who yield the First Amendment around as an offensive weapon and have little to no concept of anything.

z



To: Jazzbo who wrote (40044)3/5/2000 3:14:00 PM
From: Jazzbo  Read Replies (3) | Respond to of 44908
 
Food for thought re "prominent NY based investment banking firm":

I receive the monthly and weekly picks from AnalystGroup.com. Some of their picks are good, others less so. I'm interested, but yet to invest in one of their current picks, whose trading symbol is EPOS. I am also invested, happily, in another of their picks DLK (formerly NETD), and at its current price of 42 7/8 is still a good investment.

I don't mean to recommend either investment, though, just relate a recent e-mail from AnalystGroup.com (AG).

AG writes that American Express is the largest institutional investor of EPOS, an OTCBB company (read that again), that closed this past Friday at, I think, 4 3/4. AmEx owns 400K shares of EPOS, or 11% of outstanding shares, approximately 22% of the entire float. AG, which is free, just loves EPOS; but they also love all their other picks. Point is, obviously, that AMEX is a prominent firm, and a large investor in an OTCBB company.

Or take DLK. Most of last year they traded in the $2-3 range on the OTCBB. Previously known as NETD - name changed in December - this company (I've read this but yet to verify same, so not to be taken as Gospel) several years back underwent a reverse split, more to stay alive than to please the whims of a prominent you-know-what. But that's not my point. My point is, that while trading OTCBB, and in the $2-3 range, prominent lender J. P. Morgan purchased, and still holds, 5% of DLK's outstanding shares. DLK moved to AMEX late December '99, and as stated, closed Friday over $42.

So, fairy tales can come true, and "prominent" lenders do on occasion invest in little OTCBB companies. Now, if I knew that JP Morgan, AmEX, Merril(sp?), Solomon etc... was our patron, my vote re R/S would be an enthusiastic "yes". I feel my vote is pretty much pro forma in any event, but my desire - dare I say my right - to be informed prior to the vote of at least the lender's identity remains adamant.

Regards, Tim