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To: Stan who wrote (145851)	10/24/2006 11:49:45 AM
From: carranza2	Read Replies (2) \| Respond to of 152472

I don't know...I think Judge Rudi has already shown his views on the arbitration clause. I think he may very well find it "wholly groundless." If he does, he is unlikely to allow NOK to appeal again, as he will recognize another delaying tactic for what it is. The recourse NOK will have then is to file a petition for a writ of mandamus, which petitions are rarely granted. I just lost one in the Fifth Circuit so am very familiar with the standard. If I were a bookie on the issue, I'd say it is likely Rudi will find "wholly groundless" but it is definitely not a slam dunk. Time will tell. And, as you correctly point out, this procedural wrangling has nothing to do with the merits.