WFO Corporation, et al. - Page 25

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               We must decide whether Mr. Mansour has established that he             
          is an officer of WFO with authority to represent WFO before the             
          Tax Court.  We determine Mr. Mansour’s capacity to represent WFO            
          under Ohio law.  See Rule 60(c).  As set forth below, we conclude           
          that Mr. Mansour has not established that he was properly                   
          appointed as an officer of WFO with authority to represent WFO in           
          this proceeding, and accordingly we decline to recognize him as             
          WFO’s representative under Rules 24(b) and 63.                              
               Ohio Rev. Code sec. 2735.04 (Anderson 2000) provides:                  
                    Under the control of the court which appointed                    
               him, as provided in section 2735.01 of the Revised                     
               Code, a receiver may bring and defend actions in his                   
               own name as receiver, take and keep possession of                      
               property, receive rents, collect, compound for, and                    
               compromise demands, make transfers, and generally do                   
               such acts respecting the property as the court                         
               authorizes.                                                            
          This provision has been construed as giving courts the ability to           
          expand or limit a receiver’s power.  State ex rel. Celebreeze v.            
          Gibbs, 573 N.E.2d 62, 67-68 (Ohio 1991) (“We interpret this                 
          statute as enabling the trial court to exercise its sound                   
          judicial discretion to limit or expand a receiver’s powers as it            
          deems appropriate.”).  Thus, in Ohio, a receiver has only the               
          authority granted to him by a court.                                        
               We do not read the order appointing Mr. Deborde “temporary             
          receiver/manager” of the business that was identified only as               
          “Bristol’s” as giving Mr. Deborde the power to appoint officers             
          for WFO and direct litigation in this Court.  Mr. Deborde is one            





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