To: xcr600 who wrote (10663 ) 3/11/2003 10:29:30 AM From: Bucky Katt Respond to of 48461 From our MOT lawsuit discussion>Motorola case hurt by court dismissal Action against Turkish family ruled premature Motorola Inc.'s high-profile legal pursuit of a wealthy Turkish family for allegedly defrauding the company of more than $1.8 billion has hit a snag. The 2nd U.S. Circuit Court of Appeals in New York dismissed as premature Motorola's racketeering charges against the Uzan family, billionaire owners of a Turkey-based conglomerate. The decision late Friday came as Schaumburg-based Motorola and Finland's Nokia were anticipating a favorable ruling from U.S. District Court Judge Jared Rakoff in their year-old suit seeking the triple damages allowed in racketeering cases. Their suit alleges that the Uzans, as part of an alleged pattern of fraud, never intended to repay a total of $2.5 billion borrowed from Motorola and Nokia to build Turkey's second-biggest cell phone network, Telsim Mobil Telekomunikasyon Hizmetleri, which the Uzans own and operate. The Uzan family last year appealed the court's jurisdiction, saying the matter is a contract dispute that should have gone to arbitration in Switzerland. When the Uzans refused to appear in New York in February for the trial, Rakoff heard Motorola and Nokia's evidence in a single day and stated that the companies had put on an "open-and-shut case." But the appeals court's decision Friday throws Rakoff's anticipated ruling into doubt. The court said Rakoff erred in allowing racketeering charges to be filed before deciding issues such as the amount of actual damages and the value of the loan collateral, in this case shares of Telsim, which the Uzans hold in Turkey. The panel also ordered Rakoff to reconsider his decision to bar arbitration, as well as his temporary injunction ordering Telsim's shares to be placed on deposit. Telsim Chief Executive Hakan Uzan reiterated his belief that the racketeering charges are groundless. "We look forward to being completely vindicated on all grounds by the appropriate tribunals," he told Reuters Monday. "It is regrettable that Motorola and Nokia have pursued litigation instead of participating in the previously agreed arbitration procedure." ____________________________ This is one of the reasons I maintain a position in the bio-dog, you never know what can or will happen in court.