- 17 - 1997, required that each of the parties file a memorandum setting forth: (1) (a) The issues of fact (including any issues subsidiary to ultimate issues) and (b) the issues of law (including any issues subsidiary to ultimate issues) to be resolved by the Court. * * * (2) A clear, complete, and concise exposition of each party’s position and the theory underlying that position with respect to each of the issues that are set forth pursuant to (1) above. * * * The order further stated: ORDERED that neither party will be allowed to advance a position or theory underlying that position with respect to any of the issues set forth pursuant to (1) above that is different from the positions or theories set forth pursuant to (2) above. [Emphasis added.] Petitioner’s memorandum in response to our order lists theft, fraud, mistake, and bad business bargain as the issues to be tried.11 Petitioner’s counsel do not offer any justification for their apparent disregard of the pretrial order. Respondent would be prejudiced if we were to allow petitioner, contrary to our previous order, to disclaim full beneficial ownership of the redeemed shares for the first time on posttrial brief.12 For 11The Court’s order is set out in full supra pp. 7-8, and the relevant portions of petitioner’s amended memorandum of issues are set out supra pp. 8-9. 12In addition to petitioner’s pleadings and the representation to the Court that decedent owned full beneficial interest in 567 shares of PCAB, both decedent and her son treated the stock as if it were decedent’s by having the trust transfer the shares to her prior to the redemption.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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