-14-
under Rule 155 that reflects (or reflect) FNBC’s swaps income in
a manner consistent with this Opinion.
FINDINGS OF FACT
I. Background
A. Stipulations of Fact
Many facts were stipulated. We incorporate herein by this
reference the parties’ stipulations of fact and the exhibits
submitted therewith. We find the stipulated facts accordingly.
B. Briefs on CD-ROM With Appropriate Hyperlinks
The trial of these cases began on October 30, 2000, and
(with recesses) concluded on November 28, 2001. The record,
which includes a trial transcript of approximately 3,500 pages
memorializing the testimony of 21 fact witnesses and 7 expert
witnesses, consists of 43 “red” files and more than 10,000 pages
of exhibits. For briefing purposes, the Court ordered the
parties to file written briefs conforming to Rule 151 with copies
on CD-ROM that included Hyperlinks to the relevant part or parts
of the exhibits, testimony, pleadings, or stipulations relied
upon for each proposed finding of fact. The written briefs,
inclusive of their proposed findings of fact and objections to
the other party’s proposed findings of fact, totaled more than
3,300 pages. The copies of the briefs on CD-ROM were very
helpful to the Court.
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