To: Q. who wrote (5283 ) 8/1/2000 7:50:58 PM From: Q. Respond to of 6039 Here's what the co. says about that case, BTW. Sorry that I don't have the docket for the New York case. On March 29, 2000, Mr. Salah Al-Hasawi (the "Plaintiff"), a citizen and resident of Kuwait, filed suit in the United States District Court for the Southern District of New York, Docket No. 00CIV.2390, against us and Mr. David Johnston, our Chairman and Chief Executive Officer, alleging violations of under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 of the Code of Federal Regulations for commissions allegedly due to Plaintiff in connection with our $45 million private placement. The Plaintiff is seeking specified damages of $33,232,000, attorney fees and unspecified damages pursuant to five separate causes of action. On April 12, 2000, Mr. Al-Hasawi filed a similar complaint in the United States District Court for the District of Utah under Case No. 2:00CV-0317K. In connection with our private placement, we reached an understanding with Plaintiff and other individuals to assist in the placement of our common stock and warrants. The Plaintiff, in concert with two other individuals (the "Participants"), successfully raised approximately $10.7 million in the placement. By letter dated February 10, 2000, the Plaintiff informed us that Plaintiff and Participants had reached an agreement to equally share commissions attributable to the $10.7 million. Subsequently, we were notified that, during the time that Plaintiff was engaged to provide services to us, Plaintiff was an employee and/or agent of Financial Services Group, an investment company doing business in Kuwait. Notwithstanding, the Plaintiff claims entitlement to 100 percent of the commissions attributable to the $10.7 million. We are awaiting a resolution of the issues between Plaintiff and Financial Services Group. We believe that the Plaintiff's claims are without merit and will vigorously defend ourselves against any and all claims.edgar-online.com