- 42 - team headed up by former Solicitor General Rex E. Lee, contended that there was a recurring conflict among the circuits as to whether Federal or State law should apply to proceedings under federally guaranteed private loans such as the partnership’s FFB loan. In its brief in opposition to the petition for writ of certiorari, the United States did not suggest that ANR lacked authority or standing to pursue that litigation. On November 2, 1987, the Supreme Court denied the petition for writ of certiorari, and the foreclosure litigation came to an end. The Partnership’s Ratification of ANR’s Appeal The partners had monitored the appeal and petition for writ of certiorari. On September 3, 1987, the partnership’s management committee had adopted resolutions that expressly ratified ANR’s actions relating to the foreclosure litigation. By its terms, the ratification was effective retroactive to the date these actions were taken by ANR, as if ANR “had obtained the prior authorization of the Management Committee”. The resolutions also authorized the partnership’s legal committee to determine the manner in which the litigation would be conducted on the partnership’s behalf in the event the Supreme Court granted the petition for writ of certiorari. Discharge of Remaining Debt As previously noted, ANRC owned the outstanding stock of ANG, which was the project administrator. ANRC had pledged thisPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011