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kenco

05/08/07 8:14 AM

#76741 RE: dawg245 #76737

dawg245, Its obvious that an OK State court is not going to have much jurisdiction over a security authorized in another state, they can only effect the sale and soliciting of it within their borders, I would guess that he is hoping that somebody gets the case bumped out to a Fed district court, where this should have been filed in the first place as it would have much more diverse jurisdiction, Im thinking that he filed it in OK court first in an attempt to scare a good portion of shareholders to just sign that settlement offer and giveup claim to their equity.

As for no legal shareholder having to pay any court fees or costs, well actually your wrong on that, depending on how far the case goes, especially if bumped to Fed court, a defendant can easily spend 10s of thousands to defend their innocence, especially on discovery as it is the most time consumming, it happens every day, and unfortunately, courts are often very reluctant to award legal costs unless the court is convinced that the case was totally frivolous in nature, this is why it is best to attempt to have the case dismissed on jurisdiction or venue grounds before you answer and make yourself a defending party, once a case goes to trial, ANYTHING can happen.