Wallace and Donnetta Duncan, et al. - Page 5

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               On August 29, 2003, the arbitrator submitted his written               
          findings to the parties and the Court.3  On October 6, 2003,                
          petitioners filed a motion to delay entering the arbitrator’s               
          findings in the record.  In their motion, petitioners note that             
          the arbitrator’s written findings include this statement:                   
               Mr. Williams [petitioners’ consultant] correctly points                
               out that if all of the behind-the-pipe reserves were                   
               immediately completed to produce, the discount for time                
               would be greatly reduced.  However, there has been no                  
               information provided to me that this practice had                      
               become a standard procedure in 1993, or even since that                
               date.  [Emphasis added.]                                               
          Petitioners argue that by failing to request the information                
          alluded to in the just-quoted passage, the arbitrator “reached              
          his conclusion as to the fair market value of the subject wells             
          without the benefit of * * * full and complete data and                     
          information with respect to an essential element of Petitioners’            
          presentation.”                                                              
               On October 23, 2003, respondent filed his opposition to                
          petitioners’ motion.                                                        
                                     Discussion                                       
               Under Rule 124, “The parties may move that any factual issue           
          in controversy be resolved through voluntary binding                        
          arbitration.”  Rule 124(a).  The parties must attach to their               
          motion requesting arbitration “a stipulation executed by each               


               3 Contrary to the terms of the arbitration agreement, the              
          parties have not submitted the arbitrator’s written findings to             
          the Court.                                                                  





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