You said:...

"No appeal. Takes approx. 3 years plus more expense. Most cost effective to straighten it all out at re exam. Waste of time, money and energy to Butt heads."...

FIRST:

It is the business and Forte of DM TO "BUTT HEADS". I doubt seriously they would let the matter go because it will take time and effort...

The Un-Decision, though equivocal,was a Ruling by the COURT. It presents res-judicata problems for DM on the issues it covers which cannot be corrected in a re-examination.

SECOND:

If DM was bowing out by "getting out of Dodge" he would not be working so hard to convience the defense lawyers to join in on the JOINT MOTION they filed with the Court. And if re-read the JOINT MOTION it is clear they are challanging this Judge to re-examinie her Ruling by considering # 737...

DM can file his TIER III in another Court, while he is continuing this case through Appeal in DENVER.

GLTA...

Gil...