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Re: virginian post# 14148

Thursday, 01/24/2008 1:04:10 PM

Thursday, January 24, 2008 1:04:10 PM

Post# of 18151
virginian: It is not a new suit. If you read the actual filing it is a summary of the SEC vs USXP et al case, and the resulting summary judgement.

The receiver can request information from banks, private individuals, storage facilities, other companies, etc. in attempting to find assets in a specific locality, whether in Florida, Las Vegas, Texas, or New York. But she cannot subpoena them if they refuse.

By filing the NY courts rulings in other jurisdictions she can use those court's to help enforce her requests.

A New York federal court can subpoena anyone they want in direct relationship to the suit in question. They cannot issue subpoena's to help a company (in this case USXP), even one taken over by a receiver it appoints, in a different jurisdiction. Thus the SEC filing in Florida.

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