Great Plains Gasification Associates, A Partnership, Transco Coal Gas Company, A Partner Other Than The Tax Matters Partner - Page 42

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          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 this            






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