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Permalink Reply by Skip Peel - Mineral Consultant on July 19, 2011 at 11:28

The Ferrara case has been remanded to the full court under an application for rehearing.  The application lists a number of factual and legal errors relied upon in the appellate opinion.

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Permalink Reply by LesterG on July 23, 2011 at 1:00

Thank you very much for the update Skip

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Permalink Reply by Zydeco on July 20, 2011 at 5:20

In what kind of time frame will this occur ?  "Remanded" ?  I lost my O & G law degree...  this sounds like a good thing...   yes ?

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Permalink Reply by Skip Peel - Mineral Consultant on July 20, 2011 at 7:38

Likely 30 to 60 days.  "To order or send back", Funk & Wagnalls.  I can be a good thing.  It will cause all the justices of the Second Circuit Court of Appeals to weigh in on the verdict.  Including those that actually are elected from districts in the HA/BO Play.  It may also be seen as a step on the road to a request for the LA. State Supreme Court to take the case on final appeal.

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Permalink Reply by Skip Peel - Mineral Consultant on August 9, 2011 at 9:21

The Second Circuit Court of Appeals declined the request for a rehearing.  The five judge panel that upheld the verdict consisted of the three that heard the original appeal and two additional.  All five affirmed the verdict however the two who did not hear the original appeal stated that  the legal reasons cited in the ruling were incorrect.  Plaintiff will now file a writ requesting that the case be heard by the LA. Supreme Court.

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