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Re: Ellix post# 120940

Friday, 07/29/2005 1:07:38 PM

Friday, July 29, 2005 1:07:38 PM

Post# of 432924
Ellix: That case was different than ours. The appeal to the third circuit was about the enforcement of an agreement between the parties, in their contract, which limited the review of the arbitration award. Here, we are not dealing with a contractual limitation, but Court rulings limiting the appeal. (Still significant limitations as posted many times on the board)

As to the second part of your question, NOK can appeal the decision of the district court of New York. To accurately state a time period for all proceedings and appeals is impossible, but you are looking a probably a year and a half at a minimum, excluding possible appeal to the supreme court or a remand to the district court for rehearing. This could add several more years.

To all: the above is not to scare or state an absolute, but we must be aware of the possibilities and how far NOK could take this, right or wrong. The real question of time is just how far NOK will go to delay payment. It could be they have so much cash that they just don't care about the consequences.

Hopefully, they will see the light.

IMO Ghors
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