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Sunday, February 18, 2018 10:10:56 AM
These Attorneys are going directly through the door opened by the circuit court . Given Lamberth ruled his hands were tied in round one -- and did not rule right or wrong - just "not my job" --- he could surprise to the positive now that a superior court opened a door for him
"""
Specifically, although the D.C. Circuit agreed with this Court’s
conclusion that Plaintiffs’ claims were barred by 12 U.S.C. § 4617(f) to the extent that they sought injunctive relief, 864 F.3d at 604-16,
it ( DC CIRCUIT COURT) ruled that the (lower - Lamberth) Court had erred in its rationale for dismissing some of Plaintiffs’ contract claims, id. at 629-33.
With respect to Plaintiffs’ claims for breach of contract based on their right to receive a liquidation preference if the Companies are wound down, the D.C. Circuit determined that these claims are ripe under the doctrine of anticipatory breach. 864 F.3d at 632. The D.C. Circuit also ruled that, although the Companies have discretion not to declare dividends on Plaintiffs’ stock, that does not defeat Plaintiffs’ claims that the Third Amendment violated the implied covenant of good faith and fair dealing by making it impossible for shareholders other than Treasury to ever .............
OUTSTANDING IMO
This argument (as posted by Release Us) when reviewed seems to "allow" and "guide" Lamberth to side with us in some way (I am not a lawyer but can read)
Let us see if Lamberth decides that given all the NO NO NO started in his court he decides he can rule in our favor - in some initial albeit limited fashion
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