To: Graystone who wrote (25358 ) 11/11/1997 3:43:00 AM From: J. Gordon Rothschild Read Replies (1) | Respond to of 35569
"IPM said in the April release. We are suing." And so they did, in two stages. The first one is recorded as being emminently successful. "IPM fully expects to obtain a judicial determination that the Department of Mines was without any authority over the mining industry and that the statements made by Messrs. Coggin and Niemuth about IPM's Black Rock property were untrue and misleading." The judicial determination shutting up the AZDMM was based on the departments lack of authority or ability to even comment on matters regarding commercial activities in the state. After reading the transcript, it is obvious that the Superior Court judge made the proper decision. The truth or untruth of the departments statements were not at issue in this case, thus the awarding of a permanent injunction against the department. "Guess they couldn't get that judicial determination that the statements were untruth. All they did was shut the Department up, I think the truth or untruth of those statements was never raised by IPM in a courtroom, they couldn't." The second stage, regarding the "truth or untruth" of the statements, and perhaps actions by the AZDMM, will be decided when the damage lawsuit for $25 million goes to trial. Although the verasicity of the company's claims would emphatically support the awarding of damages in a larger amount, this may not be necessary for the court to find reason to award some amount to the plaintiff based on the impact the behavior of the defendants had on the company. If you are going to offer what you'd like to represent as objective reasoning, please get your facts straight. You do a tremendous disservice by muddling. JG