Subject:      Ninth Circuit Decision, Scientology appeals (again)
From:         mayo@lightlink.com (David Mayo)
Date:         1996/04/27
Message-Id:   <4lui50$n86@light.lightlink.com>
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Newsgroups:   alt.religion.scientology,comp.org.eff.talk,misc.legal





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Last week RTC et al asked the Ninth Circuit for en banc review of the 11
April 96 decision that found in our favor on the 2.9 million attorney
fee award imposed on the Scientology plaintiffs after their cases were
dismissed as a sanction for long term discovery non-compliance,
"flouting court orders" and for using litigation as a weapon to destroy
their opponents -- in this case a reform church and its founders.

In simple lay terms an "en banc" hearing means that all the judges of
that circuit participate.  I'm told that "en banc hearings" are
infrequently held and then when an important case or point of law is
being interpreted.  In any event such hearings are at the discretion of
the Ninth Circuit. (I am not a lawyer but I invite the comments and
explanations of lawyers.)

Although I have not read RTC's filing, I believe it is a regurgitation
of what they have previously filed.

Our lawyers do not reply to this unless instructed to do so by the
Ninth Circuit.

By asking for this review, Scientology  adds a few to several weeks
more delay to the time when they must pay the judgement against them.

The full text of the 11 April 1996 Ninth Circuit decision is at:
http://superlink.net/~mgarde/scott5.txt

Gif files of the 11 Apr 96 ruling are at:
http://www.lightlink.com/mayo/gif/

There are related Ninth Circuit and District Circuit Memorandums
and Decisions re Scientology litigation at:
http://superlink.net/~mgarde/op1.html

Rev. David Mayo

<mayo@lightlink.com>     (finger for key)
PGP ID: 1024/4D5EE559 1996/01/04
PGP Fingerprint: 0D 69 92 87 79 2F 38 72  FE 03 CE 51 31 D5 6D E9
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