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Enron Mail |
Are we set this week?
"Ileana Blanco" <iblanco@bracepatt.com< 02/19/2001 02:44 PM To: <Bonnie.White@enron.com< cc: "J. Clifford Gunter" <cgunter@bracepatt.com<, "Josh McMorrow" <jmcmorrow@bracepatt.com<, <RSander@ECT.Enron.Com<, <andrew.edison@enron.com< Subject: RE: McKenna arbitration All three arbitrators are okay with the week of August 20th. How does it look at your end? Also, do we want a "reasoned opinion" or just a "decision" from them? Since there are few, if any grounds for an appeal, McDade recommends a "decision". Ileana <<< <Bonnie.White@enron.com< 02/13/01 11:07AM <<< Ileana, As of now, my calendar is clear for August 20th. I will pencil this in, although I think we should make sure that everybody also has the 21st open in case the arbitration takes more than one day. We will, of course, need to have Max Yzaguirre available. Even though we are posturing the case as a summary judgment case, I think it would also be helpful to have Dwight Beach and Steve Irwin available. They would be the two best witnesses, I think, to discuss all of the things that McKenna had not done in order to have a viable project. I believe this type of testimony would be helpful to the arbitrators so that they would know that, in ruling on the contract interpretation as a matter of law, they are also ruling in a fundamentally fair manner--neither the law nor equity is on McKenna's side. If you agree, I will contact them about their availability. I agree that we should despose McKenna fairly quickly. We will need to nail down what he might say as to contacts with offtakers, etc., so that we can determine the necessity of getting them involved. If we do need to get them involved, perhaps we could do so by way of affidavit rather than live testimony, or, at most, by deposition. Let me know what you think. Thanks. -----Original Message----- From: "Ileana Blanco" <iblanco@bracepatt.com<@ENRON Sent: Tue 2/13/2001 10:46 AM To: White, Bonnie Cc: J. Clifford Gunter; RSander@ECT.Enron.Com; tmcdade@mfml.com Subject: McKenna arbitration
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