To: Almost Blue who wrote (2151 ) 7/9/1998 11:58:00 AM From: Binder Read Replies (2) | Respond to of 7039
LOL...you asked, so here is my take: 1) Spriggs - It is my opinion that Spriggs would have had to have known of the condition of the patents. Did he have a duty to say something? Well, in my opinion, yes, he did have a duty, and that duty was breached. Anyone who knew Arcon didn't hold the patents had an obligation to make that fact known. Where I think people are missing the boat is that they are not making the separation between Midland and Arcon. It is difficult, I know, because for so long they (Fisher & Co) wanted us to think of the two companies as one, but since the acquisition was never finalized, they never were "one", so they must be addressed distinctly. 2) Did the Midland Board have an obligation to correct Fisher's PR? To me, it is perfectly believable that the Arcon people "snowed" the Midland people. In other words, it seems reasonable that the Midland people would have had no way of knowing that he was defrauding until it was done. How were they to know that it was false? He was telling them the same stuff he was telling all of us. You cannot hold someone responsible for not telling something they were not expected to know in the first place. Once Gary went to the Board with evidence that Fisher was not on the up and up, they acted immediately. The only problem was, Fisher had already fled. So, the Board went to Spriggs, told him to put up audited assets, or shut up, and for whatever reason, he couldn't. So, the deal was rescinded, action against Fisher initiated, and here we all are. In that perspective, I agree 100% with Gary's assesment that the Board of Midland acted appropriately. Fisher, Spriggs, and the rest of the Arcon people, however, are quite a different story. :-) Binder