It is interesting, curious even, that the 10-Q for the Quarter ended 30 September 2010 makes no mention of the filing of the Smart Win action on 9/9/2010. See p15:
PART II—OTHER INFORMATION
Item 1. Legal Proceedings.
See our 2009 Form 10-K for a description of current legal matters. There has been no substantial change since the Form 10-K was filed.
That is at odds with the fact that the very significant action by Smart Win against Empire was lodged during the Quarter.
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