To: Richard Mazzarella who wrote (249 ) 4/25/1999 7:37:00 PM From: Ed Fishbaine Read Replies (2) | Respond to of 317
Karl Newmont has not acknowledged the law suit by Armeno. This is either by design or by denial I no not which. However, on April 28th, next Thursday there will be an all day hearing in Vancouver in which Newmont will argue for a change in venue of Armeno's suit against them to Colorado from Canada. Should Newmont prevail the chance for Armeno to win its suit becomes very doubtful. On the other hand, should Armeno prevail Newmont will then be forced to acknowledge the lawsuit whether or not it chooses to publicize this fact. As far as any reference to the lawsuit goes, why should giant Newmont give credence to a pipsqueak company like AGM by discussing the suit? Until Newmont is forced to deal with this legal issue it is likely to deny, evade and treat the issue as a non-event. What is surprising about this? Bear in mind also, that should venue be maintained in British Columbia the odds go against Newmont because Canadian courts favor small operators over the big guys. It is possible that Newmont might attempt to further use the "laws delay" following a favorable result for AGM next week. On the other hand, Newmont may calculate that it would be more cost effective for them to attempt an early settlement and buy out Armeno's action against Meruch. Newmont would love to get its hands on Meruchs 20% or any part thereof. In any case, whether an early settlement or a late settlement if venue continues in Canada IMO the odds strongly favor that sooner or later there will be a settlement the value of which is indeterminate, but certainly worth some multiple of the current share price. Regards, Ed