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Message: PACER digEcor

The more garbage BOW and his attorneys throw at the Court, the tighter the noose getS around Bow's Neck. In effect what this does is to render an Appeal by Bow quite frivolous on its face, as the judge would have addressed all of BOW'S "Nagging complaints" in the forum of the PACER just issued for Appellate Court to see...

The fundemental issues in this case have already been answered by the Court, and no amount of money Bow spends to buy his Expert Testimony will change the Court's Ruings on the issues deceded, which are as follows:

1) Was the Court corret in Ruling California Law Applied applied in this case as to enforcibility of the No. Competition Caluse of agreement signed b y parties?...

ANSWER:...................................................................YES.

2) Was the Court right in Ruling that under California Law the non-competition clause of the agreement between the parties was "NULL and VOID"....

ANSWER:......................................... YES.

3) Will the Court Rule that BOW is not entitled to any damages for EDIG competing with him during the 7 years excluded by the non-competition clause?....

ANSWER:........................IMO............YES.

4) Will the Court Rule that BOW is entitled to damages for late delivery by EDIG of the 1250 digEplayers?

ANSWER:........................IMO.............NO.

Questions relating to "Performance" of terms of a contract are usually decided against the party raising non-perfomance, or late performance of duty imposed by a an agreement, especially when the "Performance" has been completed and accepted by the complaining party.

Furthermore, when it can be shown that the party raising the non/late performance as an issue is reeking with "UNCLEAN HANDS" , or that there were mitigating circumstance that made a timely performance impossible, the Courts will just tell the parties "Get the Heck out of my Court", the performance is completed and you accepted it...

Finally, Silversurfer is right. The document posted is EDIG'S version of the story. The only thing left is the ORAL ARGUMENTS and then the case will END FOR GOOD.

Gil...

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