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Enron Mail |
Privileged and Confidential Joint Defense Communication
Here is the "motorcycle" argument, excerpted from the 10/15/01 transcript: MR. REBEIN: Thank you, Your Honor. Good afternoon. I will be arguing on behalf of the defendants, as will my colleague, Mr. Griffin. And then I think also appearing today and arguing will be Mr. Eisenbrandt and Mr. Flaherty on behalf of their clients. We've tried to divide up this argument, Your Honor, under -- to cover of as many bases as we can with as little repetition as possible. And so I want to -- in the interest of the good use of time, Your Honor, I want to begin this argument by telling you about the motorcycle trip that I just returned from in Texas. On that trip, I went with a friend of mine, and he had a new motorcycle. And I asked him, "Okay, how many gallons does that tank hold?" And he said, "Well, Honda says five gallons." Well, in Oklahoma, the first time we filled up, sure enough, it took 5.2 gallons. And he turned to me, and he said, "That bastard." Then we went to Texas, and we filled up, and it took 5.3 gallons. Then he turned to me, and he said, "Those bastards; it's a conspiracy." Now, I didn't tell him that my friendship with Rex Sharp would provide me with a nationwide remedy for this problem, because I could have told him that what we needed to do was for me, even though I didn't buy the gasoline, to return to Kansas where we bought none of the gasoline, where I would sue on behalf of all buyers of gasoline against all sellers of gasoline for the last 25 years nationwide, and all I would have to do is say the words, "There was a conspiracy to mismeasure." How? I don't know; they've got all that information. When? I don't know, but it had to be in the last 25 years. Who? I don't know, so let's include all of them. And where? Well, there's only one guy I know well enough to make these arguments to, and that's Judge Smith, so let's do it there. Dawne M. Davis, CLA Legal Assistant Holland & Hart, LLP P.O. Box 1347 Cheyenne, WY 82003 307-778-4240 307-778-8175 - fax ddavis@hollandhart.com NOTICE: This message is PRIVILEGED AND CONFIDENTIAL. It is sent under the terms and conditions of a Joint Defense Agreement (JDA) and is directed only to recipients who the sender believes have agreed to be bound by the JDA. If you do not agree to be bound by the JDA, or if you believe that this e-mail has been sent to you in error, please reply to notify the sender that you received the message in error, and please delete and disregard this e-mail. Thank you.
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