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Friday, September 10, 2004 1:33:09 PM
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BTW, which side do you think made the motion to withdraw (which was subsequently denied)?
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As you know any such speculation would be fairly tenuous and undoubtedly biased but I will offer an opinion anyway.
As I understand it, the original case was brought against Kondragunta by DNAP. Kondragunta later filed a counter claim against the company. While Kondragunta could not ask to be allowed to withdraw from the original side of the case he could ask to be allowed to withdraw the counter claim. If he has asked to withdraw the countersuit, one that he has instigated, it would seem to be an uncontested move that would be approved immediately. On the other hand if DNAP asked to be allowed to withdraw it's original claim, the existence of the countersuit could potentially preclude such an action and explain the denial.
It would seem more likely therefore, that DNAP has asked to be allowed to withdraw but been denied.
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