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Re: crazyjogger925 post# 38566

Sunday, 11/30/2014 10:29:47 AM

Sunday, November 30, 2014 10:29:47 AM

Post# of 42999
EEGC has no case without the JV and it has not been "kicked out for now" it has been kicked out for good - it was a determination not a "notes for the purposes of summary judgement".

EEGC has no defense against the fact that it breached the contract by submitting bills for Smart Win to pay that breached the budget. EEGC were unjustifiably aggressive sending lawyers letters to Smart Win trying to deny them their right of sole discretion under the contract.

Citing the comments of an accountant in a matter that requires the expert opinion of an independent geologist does not bode well for EEGC either. Mostly Judge Oing did that to show Frank that if he wants summary judgement his filings need to be comprehensive in rebutting such drivel, ie Frank should have put the relevant part of the CPR into the filings drawn attention to the 2% COS to substantiate his point on the whole thing being too speculative. Had he done that then Judge Oing would not have been citing the testimony of an accountant in a non accounting matter.
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