FightingBack,
To follow up on our discussion, in which you were correct and to clear it up for anyone else who was thinking as I was, I finally received a reply from the T/A on the matter from an email I sent off before our discussion.
She stated:
------------
Thank you for contacting Pacific Stock Transfer. The shares in question were indeed issued and unrestricted but never sold into the market. The float does reflect the number of shares that are able to be sold however, these shares were not. BFCH’s management team was able to alert PSTC as to the pending litigation long before the final case was made public.
-----------
So, FightingBack, thank you for the discussion and for the record you convinced me long before this reply arrived. It makes perfect sense.