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Matthew Barrett
 
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Default Judge's Decision

Mike & ED,

In the ruling did it specifically say that the special master would be
helping to write Sea-Tac By-Laws and that the election would only be for the
performance board or can the board in place call for a vote of the
membership on any of these issues? Or is there anything saying that this
board couldn't rescind the SEA-TAC plan for a different one? And as for the
contract will the license fee be paid to APBA for 2003 now that APBA has a
BOD and Detroit is still the HQ? Or does the order say that the LLC doesn't
have to pay the license fee anymore, but APBA can't cancel the contract?
This last question has nothing to do with if the LLC is in default from last
year only that it is operating in 2003 under the terms of the contract and
fee's that are due will be paid for this operating year. And will Offshore
races have there sanctions go through Detroit now also?


Matthew


"14-H" wrote in message
om...
The judge ruled this am from the bench and gave an oral decision.
Here is a summary from notes:

1) SeaTac was a valid meeting adopting (by 10 to 2) a plan for the
APBA.
2) SeaTac did not amend the By Laws and the By Laws were never
amended to implement SeaTac either expressly or impliedly.
3) The August 2002 election was invalid since the ballot was
confusing and inconsistent.
4) The Court will appoint a special master to oversee an election
and/or approve ByLaws.
5) The following persons are the interim BOD of the APBA:
a) Charles Strang;
b) Don Allen;
c) Ziggy Boettle;
d) Mark Wheeler;
e) Fred Hauenstein;
f) Mike Allweiss;
g) Mike Jones; and
h) Gary Garbrecht.
6) The following individuals are the interim APBA officers:
a) President: Don Allen;
b) Secretary: Sally Titus; and
c) Treasurer: Edgar Rose.

The Court wants to meet with the Lawyers later this week regarding the
selection of a special master to over see any APBA business.

This is a summary from notes regarding the decision. The judge spent
approximately an hour and a half relating the factual basis for the
decision and the overall decision so this is just a summary from my
seat over 300 miles from the Court room. Ed Hearn.



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