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To: Spider Valdez who wrote (10404)11/2/1998 6:08:00 PM
From: Janice Shell  Read Replies (1) | Respond to of 26163
 
Very high-minded of you, Spidey, especially for someone who only days ago offered specious legal opinions at will.

Why are two civil cases--State and Federal--being heard concurrently? I really would appreciate an explanation. Not gonna get one here, evidently. Guess I'll have to get in touch with my lawyer friends.

Speaking of which, have you taken the trouble to try to understand what interpleader's all about? Guess not. To refresh your tiny spidey memory:

From the 2 October injunction:

.....except that the defendants J.B. OXFORD and CANACCORD CAPITAL CORPORATION, or either of them, are at liberty to deposit certificates representing such shares or any of them with any court of competent jurisdiction by way of interpleader or similar proceedings.

Please note that J B Oxford and Canaccord are not required to consign said shares to the court's custody; it is merely specified that they are "at liberty" to do so.

The business re: depositing the shares with the court is what's generally known as interpleader. Interpleader is a "device" which allows a third party, such as a bank acting as an escrow agent or, as in this case, a brokerage company holding shares in street name for an account holder, to "deposit" the assets with the court to let the court sort out what's going on and decide what to do with the shares or the money. The usual situation is when an escrow agent is holding funds that both sides are claiming belong to them and, rather than try to figure out who's right by itself, the escrow agent throws up its hands, interpleads the money with the court and asks the judge to figure it out.

Got it, Spidey? There has to be a TRIAL, okay? The shares in question may or may not eventually be entrusted to the custody of the court, but frankly I'd be much surprised if that were to happen without a simultaneous lifting of the DTC freeze. In which case....well, I'll leave you to imagine what'll happen.

lololololololol WINK!!