- 19 - See also Yamaha Corp. of Am. v. United States, 961 F.2d 245, 257 (D.C. Cir. 1992) (quoting Jones v. United States, supra). Petitioners also assert the following as another change in the controlling facts: [W]hen the case [Monahan I] was tried in January of 1993, Lyn Bell had not yet caused Grove Management Limited to be stricken from the Registry of Companies. His demonstrated and undisputed ability to dissolve Grove Management demonstrates his control over that company and proves that Aldergrove was not Petitioner's alter ego. That purported change in controlling facts, according to petitioners, is sufficient to prevent application of issue preclusion. Petitioners' assertion appears to be a variation of an argument made in a memorandum in support of their motion for reconsideration of Monahan I, filed June 13, 1994 (the reconsideration motion). In that memorandum, petitioners argued as follows: When the case [Monahan I] was tried in January of 1993, Grove Management Limited was a solvent entity. The Court might reasonably conclude, as it did, that petitioner's SAR's in Grove Management, Ltd., were valuable assets. In December of 1993, however, petitioners were advised by Anguillan counsel that GML was listed as an inactive corporation and was to be stricken from the Anguillan Register of Companies. Petitioners' SAR's were rendered worthless by the striking, and the Court's conclusion that the Monahans' retained control over funds placed in GML by virtue of those SAR's became untenable. The Court of Appeals for the Ninth Circuit, in reviewing this Court's denial of the reconsideration motion, rejected thatPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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