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Re: anchorcheck post# 38433

Thursday, 05/31/2007 10:26:19 AM

Thursday, May 31, 2007 10:26:19 AM

Post# of 79921
Anchor you need to do more research on your facts regarding the mining operation.

If you do you will realize that yes Phoenix lost initially at the trial court level, but that was based upon the facts presented by the charging party, the owner of the pit, the injunction was granted based upon their arguments alone, once Phoenix was able to present their side the appeals court overturned the trial court and now the trial court has all the facts and had continued to rule in Phoenix favor.

The owner of the pit tried to pull a fast one on the court but they were apprehended by Phoenix's legal team and once the trial court was made award of the pit owners actions, has continued to rule in Phoenix favor. So the likelihood of us losing the contract at the pit is mimimal. In fact due to the tortious interference of PBLS business at the pit the owner of the pit may be liable to PBLS for significant damages. Go back and read what happened at the trial court level and what really occurred and how the pits attorney misled the court by not following the civil rules of procedure.

Well thats all I have to say, you conclusions are based on erroneous information.

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