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Forum Report
Court’s Requirement of Formal Process for Release of Reports
The letter below was received in this afternoon’s mail from the judge whose approval is required for release of the CA Examiner’s reports, telling us that he will require strict adherence to formal rules for appearing before the court and initiating a motion.
This would normally be a welcomed assurance of efficient review for the requested approval, but the arguments we’ve already seen from CA’s lawyers suggest that their disputes about rules could make this a long and costly effort. I will therefore be seeking legal and other advice to determine how we can most sensibly obtain the information needed by investors, either from the Examiner’s report or possibly by means of an alternative such as a renewed demand for records of the company’s board meetings, a right that was previously acknowledged by CA and its current law firm.
Please let me know over the next few days if you have any thoughts about how we should proceed.
GL – September 25, 2008
Gary Lutin Lutin & Company 575 Madison Avenue, 10th Floor New York, New York 10022 Tel: 212-605-0335 Email: gl@shareholderforum.com
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