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Another loss for golf.


The folks at Golf Entertainment Inc. of Springdale, aka Sienna sienna: see ocher.  Broadcasting Corp., suffered another blow on June 24, when a Pulaski County Pulaski County is the name of several counties in the United States:
  • Pulaski County, Arkansas
  • Pulaski County, Georgia
  • Pulaski County, Illinois
  • Pulaski County, Indiana
  • Pulaski County, Kentucky
  • Pulaski County, Missouri
  • Pulaski County, Virginia
 Circuit Court judge threw out its case against the Arkansas Securities Department.

Golf, you may recall, alleged that the department's investigation into a settlement between Golf and its largest shareholder, the Genesis Trust, was "an overt Public; open; manifest.

The term overt is used in Criminal Law in reference to conduct that moves more directly toward the commission of an offense than do acts of planning and preparation that may ultimately lead to such conduct.


OVERT. Open.
 and calculated effort to injure To interfere with the legally protected interest of another or to inflict harm on someone, for which an action may be brought. To damage or impair.

The term injure is comprehensive and can apply to an injury to a person or property. Cross-references

Tort Law.
 and adversely affect the public market" for the firm's stock.

It seems the Golf folks didn't show up for a hearing on the Securities Department's motion to dismiss the lawsuit. Judge Marion Humphrey granted the motion.

Golf didn't take the order lying down. It asked the court to vacate To annul, set aside, or render void; to surrender possession or occupancy.

The term vacate has two common usages in the law. With respect to real property, to vacate the premises means to give up possession of the property and leave the area totally devoid of contents.
 the order because it didn't know about the hearing.

"Had Plaintiffs received notice, they would have appeared and vigorously argued their case," Golf's attorney, John Dodge of Lowell, wrote.

Humphrey was apparently unpersuaded, possibly because the Securities Department was able to show that Dodge was sent three separate notices of the hearing. At any rate, the motion to reinstate To restore to a condition that has terminated or been lost; to reestablish.

To reinstate a case, for example, means to restore it to the same position it had before dismissal.
 the case was denied last week.

The order was the first of two setbacks in Golf's attempt to prove a massive conspiracy to manipulate its stock price.

On July 25, U.S. District Judge Jimm Larry Hendren of Fayetteville dismissed a lawsuit filed by Golf that accused an unrelated group of people of conspiring to manipulate its stock prices via an Internet message board.

We tried to reach Dodge, but the phone to his office he listed in his court papers has been disconnected. Dodge told another judge recently that Golf Entertainment was "out of business."
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Title Annotation:judge throws out Golf Entertainment Inc.'s case against the Arkansas Securities Department; Whispers
Comment:Another loss for golf.(Whispers)(judge throws out Golf Entertainment Inc.'s case against the Arkansas Securities Department)
Publication:Arkansas Business
Article Type:Brief Article
Geographic Code:1USA
Date:Aug 4, 2003
Words:267
Previous Article:Revenue decline for contractors lessens in 2002: Nabholz rebounds to no. 2 in State.
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