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Microcap & Penny Stocks : Amazon Natural (AZNT) -- Ignore unavailable to you. Want to Upgrade?


To: wonk who wrote (12532)11/20/1998 1:47:00 AM
From: EL KABONG!!!  Read Replies (1) | Respond to of 26163
 
wireless,

I can respond to your supposition that "specific performance" doesn't or won't apply in this case.

First of all, the defendants in the action may not be able to return the stock assuming that it has been sold already and exchanged hands many times. So "specific performance" would become an impossibility and a grossly egregious action against the defendants given that AZNT fully knew that the stock would become free trading after the 40 day restriction period.

Secondly, Mr. Sylver contributed to the chain of events that are alleged to have occurred by surrendering (a) signed certificate(s) before receiving compensation. Therefore, the court may rule that plaintiffs bear a percentage of responsibility for the resultant chain of events.

Thirdly, innocent investors that had nothing to do with the alleged fraud may suffer significant losses if "specific performance" were to be used in this case.

And last of all, the court is not likely to use this case to set a precedence regarding stock market activities. The court is not going to allow itself to be used to "boost" the AZNT stock price for a short squeeze, and the court has already issued words to that effect.

Therefore, the courts will likely decide using monetary compensation as a basis for damages relief. And don't be surprised if the courts find AZNT at least partially responsible for initially setting off the chain of events that has led to this court action.

KJC