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1
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LETTER OPINION
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EXTRACTED KEY WORDS
RUDOLPH PALITZ ANDERSON CLAIM FORM ADMINISTRATOR LYON RECEIVING CLAIMANT SETTLEMENT FUNDS DISTRIBUTION ASSURE RESPONSIBILITIES DELIVERY REASONS LOSS STEPHEN ANDERSON CONFERENCE PAYMENT LITIGATION ACCORDING STAFF MEMBER WILMINGTON MONHAIT FRANK BARKIN CONNECTION DENIES GEORGE LYON MANNER REQUIREDPROOFS |
C OURT OF C H A N C E R Y
OF THE
S TATE OF D E L A W A R E
W ILLIAM 6. C H A N D L E R III T HE F
C H A N C E L L O R July 12, 1999
Norman M. Monhait George Lyon
Rosenthal, Monhait, Gross 5 11 Wallace
& Goddess, P.A. Birmingham, MI 48009-l 604
P.O. Box 1070
Wilmington, DE 19899
Stephen C. Anderson
Anderson & Associates, Inc.
919 F.M. Road 1959
Houston, Texas 77034-5425
Re: In re Banyan Mortgage Investment
Fund Shareholders Litigation
Civil Action No. 15287
Dear Mr. Anderson, Mr. Lyon and Mr. Monhait:
On June 8, 1999, I held a telephone conference in my Wilmington office.
Present were Mr. Monhait and Mr. Frank Barkin of Rudolph Palitz. Mr. Lyon
participated in the conference by telephone. Although advised of the conference
time and date, Mr. Anderson was not available.
The dispute now pending before me arises in connection with the
administration of the settlement in this case. More particularly, the question is
whether the settlement administrator (Rudolph Palitz) should be held responsible
for payment of two claims asserted to have been submitted, but which the
settlement administrator denies ever having received. My authority in this matter
is established by section 3 of the Second Stipulation and Agreement of Settlement
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