Bank One Corporation - Page 169

                                        -244-                                         
               We return this case to the parties to prepare a computation            
          or computations under Rule 155.  In that financial products are             
          an integral part of our Nation’s major institutions, far better             
          it is to have an acceptable valuation method as to these                    
          products, even though checkered by occasional variance, than to             
          remain in the gray twilight of uncertainty.  The parties should             
          determine the fair market value of each of FNBC’s swaps and other           
          like derivative products by valuing the derivative at its                   
          midmarket value as properly adjusted on a dynamic basis for                 
          credit risk and administrative costs.  A proper credit risk                 
          adjustment must reflect the creditworthiness of both parties,               
          with due respect to netting and other credit enhancements.  A               
          proper administrative costs adjustment must be limited to                   
          incremental costs.                                                          
          XIII.  Postscript--Weight Given to Expert Testimony                         
               A.  Role of the Experts                                                
               We set forth herein our opinions as to the various experts             
          and the weight that we have given to their respective testimony.            
          The Court has broad discretion to evaluate the cogency of an                
          expert’s analysis (including that of a Court-appointed expert).             
          Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 85               
          (2000), affd. 299 F.3d 221 (3d Cir. 2002); see also Pennwalt                
          Corp. v. Durand-Wayland, Inc., 833 F.2d 931, 943 (Fed. Cir. 1987)           
          (Bennett, J., dissenting in part) (majority “certainly should not           






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