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To: Pat Hughes who wrote (87217)11/30/2003 11:37:49 AM
From: Rich1  Read Replies (1) | Respond to of 93625
 
The decision came out Wednesday night. market was closed Thursday so you could be right.



To: Pat Hughes who wrote (87217)11/30/2003 8:57:36 PM
From: hdl  Read Replies (1) | Respond to of 93625
 
lack of jurisdiction can be raised at any time



To: Pat Hughes who wrote (87217)11/30/2003 9:28:33 PM
From: pompsander  Respond to of 93625
 
It may well turn out now (post Unocal) that McGuire will determine that no jurisdiction to resolve the question rests with him. This can be determined by a trier of law at any time in the proceedings...and need not be alleged by one of the parties.

From my readings of the pleadings and McGuire's troubled questioning of the parties, it seems he has never been comfortable determining this case. If he is presented with a means to determine the matter by NOT determining it (finding no jurisdiction to do so), it could be a way to cut the Gordian Knot he is faced with.

Clearly, Mr. Market thinks he has a path to resolution now.