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To: Mark C. Livermore who wrote (31)	6/22/1998 7:32:00 PM
From: Goodboy	Read Replies (1) \| Respond to of 43

Where did you come up with 9 million surplus. The recievership had a defecit position. Statesman had 21 million inititial investment. DOJ conceded to 15 million in damages (21-6 for tax benefit recieved). I have heard between 20 to 40 million, but I want to know what the breakdown was or how the number above 21 million was calculated. Thank god they settled. It would have been terrible to have Judge Miller write the first opionion for a failed thrift. Now we can look forward to Benjamin Franklin in December which will be held in Portland Oregon with Chief Judge Smith presiding. Common Issue 11 (investor standing and FDIC issues) will have oral arguments on July 7th. Very important. Smith could overturn or change the in limine opinion rendered by Miller prior to the Statesman case.