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Re: HinduKush post# 291681

Tuesday, 08/18/2020 10:09:59 AM

Tuesday, August 18, 2020 10:09:59 AM

Post# of 429149
HK... Thank you for your excellent analysis...my take, with help from your analysis, is:

1. The Generics can't persuasively negate the clear error in the law by judge Du in weighing negative vs. positive S.C.
2. the Generics can't persuasively negate the clear errors of fact made in Mori and Kura by judge Du.
3. The Generics have to fall back on arguments that the effect of the S.C. was unimportant in this case...and that the errors of fact in the prima facie evidence were not really errors.
4. these arguments by the Generics are not convincing.
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