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		State  Bar of Michigan e-Journal for Wednesday, May 23, 2001

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Circuit Court of Appeals opinion in the following  practice areas: Bankruptcy
and Constitutional Law.

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		case  summaries

		Bankruptcy

		Back  to Quicklinks

		This summary  also appears under Constitutional Law

		Issues:  Whether a state student educational funding assistance corporation
was immune in this dischargeability action; Whether as part of the  plan of
the Constitutional Convention, which granted Congress the  authority to enact
"uniform" bankruptcy laws, the states  ceded to Congress their sovereignty
over bankruptcy discharge matters;  The Tennessee Student Assistance
Corporation (TSAC)
		Court:  Bankruptcy Appellate Panel Sixth Circuit
		Case  Name: In re Hood
		e-Journal  Number: 10273
		Judge(s):  Rhodes, Aug, and Morgenstern-Clarren

		The states  ceded their sovereignty over bankruptcy discharge as part of the
plan of the Constitutional Convention. Where there is no sovereignty,  there
can be no sovereign immunity. Accordingly, TSAC was not immune  in this
dischargeability action. After the debtor's chapter 7 bankruptcy  discharge,
the debtor filed an adversary proceeding requesting discharge  of her
educational loans from TSAC on the grounds of undue hardship.  After TSAC was
added as a defendant, it filed a motion to dismiss  asserting that the
adversary proceeding was barred by sovereign  immunity. The bankruptcy court
denied the motion to dismiss, holding  that 11 U.S.C. o 106 properly
abrogated TSAC's sovereign immunity.  The court concluded that relevant
Supreme Court case precedent impacting  the states, both as creditors and
sovereigns, demonstrated the Supreme  Court's longstanding conclusion that
state sovereignty is ultimately  inconsistent with the authority of Congress
to establish uniform  laws on bankruptcy. The order of the bankruptcy court
denying TSAC's  motion to dismiss was affirmed.

		Full  Text Opinion

		Civil Rights

		Back  to Quicklinks

		This summary  also appears under Employment & Labor Law

		Issues:?  Racial discrimination; Disparate treatment; Nondiscriminatory
reasons for failing to interview plaintiff; Statistical racial composition
evidence
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Thakur v. Department of Corrections
		e-Journal  Number:? 10266
		Judge(s):?  Per Curiam ) Gage, Cavanagh, and Wilder

		Plaintiff didn't  to present evidence refuting defendant,s nondiscriminatory
reasons  for failing to interview him. Defendants presented affidavits
explaining  that plaintiff was not interviewed for a position open to
doctors  of his rank because he did not at the relevant time appear on a
register of eligible civil service employees, and that he had been  removed
from the register after one year under a documented civil  service
regulation. Plaintiff did not substantiate that either defendant  secretly
removed his name from the register, and the affidavits  he presented from
other, prior litigants against defendants did  not refute defendants, reasons
in this case. While plaintiff argued  that the department,s statistical
racial composition showed disparate  impact against his protected group, he
did not connect any alleged  shortage of minority employees to a facially
neutral employment  practice, as required. Summary disposition for defendants
was affirmed.

		Full  Text Opinion

		Constitutional  Law

		Back  to Quicklinks

		This summary  also appears under Bankruptcy

		Issues:  Whether a state student educational funding assistance corporation
was immune in this dischargeability action; Whether as part of the  plan of
the Constitutional Convention, which granted Congress the  authority to enact
"uniform" bankruptcy laws, the states  ceded to Congress their sovereignty
over bankruptcy discharge matters;  The Tennessee Student Assistance
Corporation (TSAC)
		Court:  Bankruptcy Appellate Panel Sixth Circuit
		Case  Name: In re Hood
		e-Journal  Number: 10273
		Judge(s):  Rhodes, Aug, and Morgenstern-Clarren

		The states  ceded their sovereignty over bankruptcy discharge as part of the
plan of the Constitutional Convention. Where there is no sovereignty,  there
can be no sovereign immunity. Accordingly, TSAC was not immune  in this
dischargeability action. After the debtor's chapter 7 bankruptcy  discharge,
the debtor filed an adversary proceeding requesting discharge  of her
educational loans from TSAC on the grounds of undue hardship.  After TSAC was
added as a defendant, it filed a motion to dismiss  asserting that the
adversary proceeding was barred by sovereign  immunity. The bankruptcy court
denied the motion to dismiss, holding  that 11 U.S.C. o 106 properly
abrogated TSAC's sovereign immunity.  The court concluded that relevant
Supreme Court case precedent impacting  the states, both as creditors and
sovereigns, demonstrated the Supreme  Court's longstanding conclusion that
state sovereignty is ultimately  inconsistent with the authority of Congress
to establish uniform  laws on bankruptcy. The order of the bankruptcy court
denying TSAC's  motion to dismiss was affirmed.

		Full  Text Opinion

		Criminal  Law

		Back  to Quicklinks

		Issues:?  Jury instruction on negligent homicide as a lesser included
offense of involuntary manslaughter; Trial court,s failure to give
instruction sua sponte; Waiver; Ineffective assistance of  counsel for
failure to request instruction or object to its omission
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Bridgewater
		e-Journal  Number:? 10254
		Judge(s):?  Per Curiam ) Bandstra, Gage, and Wilder

		Although the  trial court,s failure to read the jury instruction on
negligent  homicide as a lesser included offense of involuntary manslaughter
was error, defense counsel,s affirmative withdrawal of the requested
instruction and subsequent approval of the instructions given constituted  a
waiver of the issue. The court also concluded that defense counsel,s
decision to drop the request was sound trial strategy, and even  if the
decision constituted deficient representation, it did not  prejudice
defendant to the extent that the outcome of the trial  would have been
different. The prosecution presented eyewitness  testimony from two
non-police witnesses establishing that defendant  was traveling between 60
and 80 miles per hour, disobeyed a red  traffic signal, and collided with the
minivan in which one of the  victims was traveling. Defendant,s convictions
were affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:?  Remedy for noncompliance with discovery order; Dismissal of  charges
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Byars
		e-Journal  Number:? 10269
		Judge(s):?  Per Curiam ) McDonald, Smolenski, and Kelly

		The trial court  abused its discretion in dismissing the charges against
defendants  with prejudice as a remedy for the police department,s failure
to  comply with a discovery order. While it appeared that the department  had
no valid excuse for failing to comply in a timely manner, many  of the
documents were provided about a month after the officer in  charge received
the order. Defense counsel stated at that time that  although he had not
reviewed the documents in detail, they appeared  to include everything he
needed to investigate his entrapment claim.  There was no showing that the
late arrival of the documents prejudiced  defendant, who was out on bond, and
it was unclear what relevance  they had in determining whether he was
entrapped. The more severe  remedy of dismissal was not appropriate where a
continuance would  have alleviated any harm to defendant,s case. Reversed and
remanded.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:?  Ineffective assistance of counsel; Sufficient evidence to support
conviction of assault with intent to do great bodily harm less than  murder
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Ferguson
		e-Journal  Number:? 10257
		Judge(s):?  Per Curiam ) Doctoroff, Cavanagh, and Meter

		Contrary to  defendant,s contention that his counsel was ineffective for
advising  him not to testify on his own behalf, the transcript revealed that
defendant chose not to testify and there was no evidence that counsel
persuaded him to refrain from testifying. The evidence presented  at trial
amply supported the trial court,s findings of fact and  ultimate conclusion
of guilt. Testimony supported the inference  that the victim was worried
about defendant seeing her with another  man and that defendant shot her
after he saw her with witness-Reese.  The testimony also established a
timeline that contradicted defendant,s  claim in his police statement that
the shooting was accidental.  Defendant,s convictions were affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:?  Loss of evidence before a defense request for its production;
Admission  of evidence regarding defendant,s passenger; Ineffective
assistance  of counsel
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Knott
		e-Journal  Number: 10265
		Judge(s):?  Per Curiam - White, Cavanagh, and Talbot

		The  trial court did not abuse its discretion in denying defendant,s  motion
to dismiss on the basis that she was denied a fair trial  due to the police
department,s bad faith failure to save the videotape  of her arrival at the
station where the alleged assault occurred.  The tapes were destroyed as part
of the policy and procedure of  the police department and not purposefully to
destroy evidence for  a forthcoming trial. At the hearing on defendant,s
motion to dismiss  and at trial, both officers testified that the recycling
of tapes  was a matter of policy and procedure. Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:?  Denial of motion to suppress the evidence
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? People v. Minge
		e-Journal  Number: 10259
		Judge(s):?  Per Curiam - White, Cavanagh, and Talbot

		Defendant,s  motion to suppress was properly denied because the police stop
of  her vehicle was justified where the evidence gave rise to more than  a
hunch that defendant was involved in criminal activity. Defendant  was
observed going into a house where police believed cocaine was  being sold, a
police officer saw another person approach the same  door and exchange money
for suspected cocaine with a man inside  the house, and defendant came out
the same door with a visible bulge  under her shirt. Based on the police
officer,s experience in narcotics  enforcement, he believed that defendant
was taking drugs from the  suspected drug house where he had just observed a
suspected drug  transaction. Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Ineffective assistance of counsel; Joint representation; MCR
6.005(F); Alleged impermissible comment by prosecutor on defendant's
silence; Prosecutorial misconduct
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: People v. Williams
		e-Journal  Number: 10258
		Judge(s):  Per Curiam - Markey, McDonald, and Kelly

		Defendant failed  to establish that he received ineffective assistance of
counsel.  Since defendant and his brother stated clearly on the record that
they desired to proceed with the same attorney and did not believe  there
would be a conflict of interest, failed to identify an actual  conflict of
interest that adversely affected his lawyer's performance,  and both
defendants presented the identical defense. The trial court  raised the issue
and explained to defendants that each had a right  to his own attorney and
that using the same attorney gave rise to  the possibility of conflicting
defenses. Defendant personally made  an informed waiver of his right to have
separate counsel. This waiver  extinguished any error and precluded defendant
from raising the  issue on appeal. Affirmed.

		Full  Text Opinion

		Employment & Labor Law

		Back  to Quicklinks

		This summary  also appears under Negligence & Intentional Tort

		Issues:?  Defamation action by former employee; Whether claim was preempted
by federal labor law; Sufficient evidence to sustain each element  of
defamation claim; Damages; Absolute privilege; Qualified privilege;  Jury
instructions regarding actual malice and reckless disregard;  Motion for
directed verdict or JNOV; Whether plaintiff,s counsel  argued facts not in
evidence
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Slawick v. Detroit Newspaper Agency
		e-Journal  Number:? 10260
		Judge(s):?  Per Curiam ) Griffin, Jansen, and Gage

		Plaintiff-former  employee,s defamation claim was not preempted by federal
labor law  because defendant used the CBA solely as a defense to the claim,
contending that publication of the discharge letter to the union  president
was absolutely privileged. The letter of discharge accused  plaintiff of
throwing liquid substances on security personnel. Reviewing  the record, the
court determined that the jury could have found  that defendant acted with
actual malice in disseminating the discharge  letter. There was evidence at
trial that the contents of the discharge  letter were made with reckless
disregard for the truth. The trial  court did not err in denying defendant,s
motion for a directed verdict  or JNOV. Evidence supported the jury,s award
of $75,000 for noneconomic  damages, $25,000 for exemplary damages, and
$6,000 in economic damages.  Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		This summary  also appears under Civil Rights

		Issues:?  Racial discrimination; Disparate treatment; Nondiscriminatory
reasons for failing to interview plaintiff; Statistical racial composition
evidence
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Thakur v. Department of Corrections
		e-Journal  Number:? 10266
		Judge(s):?  Per Curiam ) Gage, Cavanagh, and Wilder

		Plaintiff didn't  to present evidence refuting defendant,s nondiscriminatory
reasons  for failing to interview him. Defendants presented affidavits
explaining  that plaintiff was not interviewed for a position open to
doctors  of his rank because he did not at the relevant time appear on a
register of eligible civil service employees, and that he had been  removed
from the register after one year under a documented civil  service
regulation. Plaintiff did not substantiate that either defendant  secretly
removed his name from the register, and the affidavits  he presented from
other, prior litigants against defendants did  not refute defendants, reasons
in this case. While plaintiff argued  that the department,s statistical
racial composition showed disparate  impact against his protected group, he
did not connect any alleged  shortage of minority employees to a facially
neutral employment  practice, as required. Summary disposition for defendants
was affirmed.

		Full  Text Opinion

		Family Law

		Back  to Quicklinks

		Issues:?  Termination of parental rights under oo 19b(3)(e), (g), and  (j) at
the initial dispositional hearing
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? In re Guy
		e-Journal  Number:? 10270
		Judge(s):?  Memorandum ) McDonald, Smolenski, and Kelly

		The trial court  did not err in terminating respondent-father,s parental
rights at  the initial dispositional hearing. The petition contained a
proper  request for termination, and the family court found by a
preponderance  of the evidence that the child came under its jurisdiction.
The  family court also did not clearly err in finding by clear and
convincing  evidence that one or more of the facts alleged in the petition
were  true and justified termination of parental rights. Respondent had  a
lengthy criminal history, multiple incidents of domestic violence,
long-standing drug and alcohol abuse, long-term failure to parent  the child,
and failed to comply with the court ordered plan developed  as part of a
guardianship proceeding. Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:?  Termination of parental rights under oo 19b(3)(a)(ii), (g), (i),
and (j); Best interests of the child
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? In re Jones
		e-Journal  Number: 10268
		Judge(s):?  Per Curiam - White, Cavanagh, and Talbot

		Respondent-mother,s  parental rights to her minor child were properly
terminated because  the asserted statutory grounds for termination were
established  by clear and convincing evidence. Respondent,s parental rights
to  her three other children were previously terminated as a consequence  of
her drug use and her failure to rehabilitate, and she continued  to use drugs
during her pregnancy with the minor, causing the minor  to be born addicted
to crack cocaine. Respondent continued to abuse  drugs after the minor,s
birth, did not set forth a meaningful plan  to provide for the minor,s care,
her housing arrangements were transient,  and she had not maintained
employment for a significant duration  of time. Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Termination of parental rights based on oo 19b3)(c)(i), (g),  (j),
and (k)(iii); Alleged bias of trial court; Jurisdiction over  minor child
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re Pittao
		e-Journal  Number: 10267
		Judge(s):  Per Curiam - White, Cavanagh, and Talbot

		The family  court did not clearly err in finding that the statutory grounds
for termination were established by clear and convincing evidence.  The
respondent-father's claim that during the proceedings, he was  essentially on
trial for the murder of his wife was unpersuasive.  The trial court
specifically indicated in its findings that it did  not consider respondent's
wife's murder. The trial court also indicated  in detail the factors on which
it relied, including respondent's  failure to address his substance abuse and
domestic violence issues,  his lack of credibility, and his failure to comply
with the case  treatment plan. The evidence did not show that termination of
respondent's  parental rights was clearly not in the child's best interests.
Affirmed.

		Full  Text Opinion

		Insurance

		Back  to Quicklinks

		Issues:  Whether the loss payable clause in the insurance policy was  an
ordinary or a standard loss payable clause
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Van Reken v. Michigan Basic Property Ins. Ass'n
		e-Journal  Number: 10255
		Judge(s):  Per Curiam - Doctoroff, Cavanagh, and Meter

		The loss payable  clause covering plaintiffs-land contract vendors' interest
in the  property was clearly an ordinary loss payable clause, because it
provided for payment to the insured-land contract vendees and plaintiffs  "as
their interests may appear", without any additional  language providing that
plaintiffs would be protected from loss  based on any act or neglect of the
insured. Defendant issued an  insurance policy for the property, naming the
vendees as the insureds,  and plaintiffs were listed under a loss payable
clause. Accordingly,  plaintiffs' right of recovery was no greater than that
of the vendees.  Because the policy's theft and intentional act provisions
clearly  precluded the vendees from recovering, plaintiffs were also
precluded  from recovering. The trial court should have denied plaintiffs'
motion for summary disposition and granted defendant's motion for  summary
disposition. Reversed and remanded.

		Full  Text Opinion

		Litigation

		Back  to Quicklinks

		Issues:?  Motion to strike supplemental witness list
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Moton v. Oakwood Healthcare, Inc.
		e-Journal  Number:? 10263
		Judge(s):?  Per Curiam ) McDonald, Smolenski, and Kelly

		The trial court  did not abuse its discretion in granting plaintiffs, motion
to strike  defendant,s supplemental witness list. There was no evidence
indicating  a mutual agreement to postpone discovery, and while plaintiffs,
deposition was delayed, that did not explain defendant,s failure  to conduct
timely discovery from plaintiffs, treating physicians  and coworkers.
Defendant failed to adequately explain its delay  in obtaining the private
investigators, material. Defendant argued  that the trial court should have
accepted the supplemental witness  list because defendant explicitly reserved
the right to amend its  original list. However, the court held that allowing
parties to  circumvent the rules by claiming a reservation of rights would
defeat  the purpose and authority of the court rules. Affirmed.

		Full  Text Opinion

		Municipal

		Back  to Quicklinks

		This summary  also appears under Real Property

		Issues:?  Zoning variance; Zoning Board of Appeals (ZBA); Interpretation of?
the applicable township ordinance and whether the ordinance prevented  the
building of a single-family residence on lot in question; Whether  the
circuit court properly analyzed the ZBA,s denial of a variance;  Self-created
hardship; Taking
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Domine v. Township of Grosse Ile
		e-Journal  Number: 10256
		Judge(s):?  Per Curiam - Doctoroff, Cavanagh, and Meter

		The  circuit court erred in reversing the ZBA,s decision to deny a variance
because competent, material, and substantial evidence supported  the ZBA,s
decision. Plaintiff,s property did not conform to the  zoning ordinance
because it failed to meet the lot size requirements.  While this was a
practical difficulty inherent in the property itself,  this practical
difficulty could have been avoided if plaintiff had  not decided to sell the
second lot separately. Plaintiff, not the  zoning ordinance, could reasonably
be deemed to have caused the  practical difficulty. Consideration of the
effect of the requested  variance on others and on the character of the
subdivision was also  appropriate. Reversed and the decision of ZBA was
reinstated.

		Full  Text Opinion

		Negligence & Intentional Tort

		Back  to Quicklinks

		Issues:  Whether plaintiff's claim was barred by the fireman's rule
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Berry v. John Carlo, Inc.
		e-Journal  Number: 10264
		Judge(s):  Per Curiam - McDonald, Smolenski, and Kelly

		The trial court  properly granted summary disposition to the
defendant-dredging contractor  because it was undisputed that defendant's act
of blocking the road  with dredged material took place prior to
plaintiff-police officer  beginning his park patrol activities. Plaintiff was
injured as his  car hit a pile of dredged material left on the closed road by
defendant  and the car became airborne. Plaintiff claimed that defendant
acted  in a grossly negligent manner by placing the dredged material on  the
road and by failing to place proper warning devices around the  material. The
fireman's rule applied because the defendant's conduct  of which plaintiff
complained, occurred prior to the commencement  of plaintiff's patrol and
arrival on the road, and was not unrelated  to plaintiff's reason for being
at the location where the collision  occurred. The area where plaintiff was
injured was closed due to  defendant's activities and his duties included
checking the area  for trespassers. Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:?  Negligence; Intentional destruction of relevant evidence; Sanctions
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Garrison v. Mount Clemens Gen. Hosp.
		e-Journal  Number: 10262
		Judge(s):?  Per Curiam - McDonald, Hood, and Smolenski

		The  trial court properly held that plaintiffs failed to present any
evidence to show that defendant-hospital was negligent or was responsible
for defendant-Reid,s conduct where plaintiff was injured outside  the
hospital when he was struck by Reid,s car, which rolled into  him while
unattended. The evidence showed that Reid left the car  without setting the
parking brake and the car rolled down the drive  and hit plaintiff. However,
the gearshift was found in neutral,  the key was not in the ignition, and
Reid had taken her keys inside  and given them to the desk nurse. Although
defense experts concluded  that the key had to be in the ignition for the car
to travel along  the path it took, there was no evidence supporting the
experts,  conjecture, plaintiff offered none, and the experts themselves
could  not explain how the key could have been in the ignition if it was
with the desk nurse. Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		Issues:  Premises liability; Open and obvious doctrine
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: Girard v. Dearborn Cinemas
		e-Journal  Number: 10261
		Judge(s):  Per Curiam - McDonald, Smolenski, and Kelly

		Since plaintiff  admitted that he had specific knowledge of the ladder's
defective  condition where the safety latches that extended the ladder had
been removed and in their place a piece of rope had been tied to  two rungs
and he knew that the ladder would retract if the rope  broke, the danger
presented by the ladder was open and obvious to  him. The trial court
properly granted summary disposition to both  defendants. Plaintiff worked as
a roofer for a company hired to  perform roofing work at defendant's
premises. While working there,  plaintiff and his coworkers used an extension
ladder left on defendant's  roof by an unknown party. Plaintiff and others
used the ladder for  several days without incident, however the rope broke
while plaintiff  was on it, the ladder retracted, and plaintiff fell and was
injured.  Affirmed.

		Full  Text Opinion

		Back  to Quicklinks

		This summary  also appears under Employment & Labor Law

		Issues:?  Defamation action by former employee; Whether claim was preempted
by federal labor law; Sufficient evidence to sustain each element  of
defamation claim; Damages; Absolute privilege; Qualified privilege;  Jury
instructions regarding actual malice and reckless disregard;  Motion for
directed verdict or JNOV; Whether plaintiff,s counsel  argued facts not in
evidence
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Slawick v. Detroit Newspaper Agency
		e-Journal  Number:? 10260
		Judge(s):?  Per Curiam ) Griffin, Jansen, and Gage

		Plaintiff-former  employee,s defamation claim was not preempted by federal
labor law  because defendant used the CBA solely as a defense to the claim,
contending that publication of the discharge letter to the union  president
was absolutely privileged. The letter of discharge accused  plaintiff of
throwing liquid substances on security personnel. Reviewing  the record, the
court determined that the jury could have found  that defendant acted with
actual malice in disseminating the discharge  letter. There was evidence at
trial that the contents of the discharge  letter were made with reckless
disregard for the truth. The trial  court did not err in denying defendant,s
motion for a directed verdict  or JNOV. Evidence supported the jury,s award
of $75,000 for noneconomic  damages, $25,000 for exemplary damages, and
$6,000 in economic damages.  Affirmed.

		Full  Text Opinion

		Real  Property

		Back  to Quicklinks

		This summary  also appears under Municipal

		Issues:?  Zoning variance; Zoning Board of Appeals (ZBA); Interpretation of?
the applicable township ordinance and whether the ordinance prevented  the
building of a single-family residence on lot in question; Whether  the
circuit court properly analyzed the ZBA,s denial of a variance;  Self-created
hardship; Taking
		Court:?  Michigan Court of Appeals (Unpublished)
		Case  Name:? Domine v. Township of Grosse Ile
		e-Journal  Number: 10256
		Judge(s):?  Per Curiam - Doctoroff, Cavanagh, and Meter

		The  circuit court erred in reversing the ZBA,s decision to deny a variance
because competent, material, and substantial evidence supported  the ZBA,s
decision. Plaintiff,s property did not conform to the  zoning ordinance
because it failed to meet the lot size requirements.  While this was a
practical difficulty inherent in the property itself,  this practical
difficulty could have been avoided if plaintiff had  not decided to sell the
second lot separately. Plaintiff, not the  zoning ordinance, could reasonably
be deemed to have caused the  practical difficulty. Consideration of the
effect of the requested  variance on others and on the character of the
subdivision was also  appropriate. Reversed and the decision of ZBA was
reinstated.

		Full  Text Opinion

		fields  of practice listings

		ADR/Arbitration/Mediation

		ASHER N.  TILCHIN, a  member of the American College of Civil Trial Mediators
and Michigan  Arbitration and Mediation Association provides mediation for
pre,  early, and matured lawsuits. He has been a successful mediator since
1991. Tilchin also provides arbitration services as a single or  multi-panel
arbitrator. Cases involving construction, real estate,  commercial
transactions, and legal malpractice invited. Asher N.  Tilchin, 31731
Northwestern Hwy., Suite 106, Farmington Hills, MI  48334, (248)855-0995 or
Fax (248) 855-0850, e-mail antilchin@aol.com

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		Administrative  Law

		JAMES R. VIVENTI, James R Viventi PLLC, 3670 Powderhorn  Drive, Okemos, MI
48864-5924, Phone: (517) 381-0670, FAX: (517)  381-0671.

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		Adoption

		MONICA FARRIS LINKNER, Sommers, Schwartz, Silver & Schwartz,  PC, 2000 Town
Center, Suite 900, Southfield, MI 48075-1100, Phone:  (248) 746-4011, FAX:
(248) 936-1976, e-mail: mlinkner@s4online.com.

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		Alternative  Dispute Resolution

		DONNA CRAIG, Donna Craig & Associates PLC, 999 Haynes Street,  Suite 245,
Birmingham, MI 48009, Phone: (248) 682-7750, FAX: (248)  682-2376, e-mail:
craigassoc@earthlink.net.  Visit www.adr-resource.com

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		Antitrust/Advertising/Trade  Regulation

		DAVID G.  CHARDAVOYNE specializes  in the regulation of business competition,
including: antitrust  law, unfair competition, and the regulation of
advertising, labeling,  and other trade practices. Former Chairperson of
State Bar antitrust  and trade regulation section, more than 15 years'
experience in  this field. Will consult regarding antitrust issues
(monopolies,  mergers, price fixing, exclusive dealing, tying arrangements,
price  discrimination, dealer termination, market allocation); premerger
notice filings under Hart-Scott-Rodino Act; discussions with State  and
Federal regulatory agencies (FTC, Justice Department, Attorney  General);
compliance with laws regulating advertising (substantiation  of claims,
product labels, consumer price displays); and all other  matters relating to
business competition. David G. Chardavoyne,  26755 La Muera Ave., Farmington
Hills, MI 48334-4613, (248) 477-6308,  e-mail chardavoyne@aol.com

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		Appeals

		LAURIE S. LONGO, 214 South Main, Suite 210, Ann Arbor, MI  48104-2122, Phone:
(734) 913-5619, e-mail: 42203@msn.com.  Visit http://michiganappeals.com.

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		Appellate  Law

		SAFFORD & BAKER, PLLC, 40900 Woodward Avenue, Suite 110, Bloomfield  Hills,
MI 48304, Phone: (248) 646-9100, FAX: (248) 646-9102. Visit
www.saffordbaker.com

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		Automobile  Warranty Law

		LIBLANG  & ASSOCIATES:  Specializing in "Lemon Law", UCC, Magnuson-Moss,
Odometer  Fraud and Consumer Protection Act. Available for trials,
consultations  or referrals. Cases accepted statewide. Over 17 years and
5,000  cases. Michigan's most experienced lemon law attorneys, Dani K.
Liblang and Scott J. Sinkwitts. Please call (248) 540-9270 or e-mail
NoLemons@aol.com

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		Business  & Taxation

		LAW OFFICES  OF RALPH W. PEZDA.  Oakland County practitioner with an LL.M.
degree in taxation from  New York University will assist your clients or firm
with taxation,  business, interdisciplinary, and white collar criminal
matters.  Referrals paid. 27700 Northwestern Hwy., Suite 411, Southfield,  MI
48034. (248) 352-5632. E-mail address: rwp@cdlcorp.com

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		Construction  Law

		JOHN V.  TOCCO, attorney,  construction engineer, and civil engineering
professor, with over  twenty years experience in the construction industry,
provides mediation  and arbitration services for all construction matters.
Also provides  litigation support and claims analysis. Cases accepted
statewide.  Call (313) 406-2040 for CV, or review Profile at
www.johntocco.com  E-mail john@johntocco.com

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		Copyrights

		CAROL R. SHEPHERD, Arborlaw Associates, PLLC, 320 S Main  St, PO Box 8403,
Ann Arbor, MI 48107-8403, Phone: (734) 668-4646,  FAX: (734) 822-4646,
e-mail: shepherd@arborlaw.com.

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		Criminal  Law

		F. RANDALL KARFONTA, Attorney @ Law, 113 North Main, PO  Box 565, Leland, MI
49654, Phone: (231) 256-2200. Visit http://www.leelanau.com  or
http://www.leelanau.com/professional/karfonta.

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		RAYMOND A. CASSAR, Law Offices of Raymond A. Cassar, 30665  Northwestern Hwy,
Suite 100, Farmington Hills, MI 48334, Phone: (248)  855-0911, FAX: (248)
855-9523, e-mail: rcassar@aol.com.  Additional offices located in Oakland
County (248) 855-0911, and Wayne  County (313) 278-8811. Visit
www.crimlawattorney.com.

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		TALPOS & ARNOLD PC, 2855 Coolidge Road, Suite 109, Troy, MI  48084-3215,
Phone: (248) 643-4515, FAX: (248) 643-4797, e-mail: jctalpos@aol.com.  Visit
www.Mich-Lawyer.com.

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		Environmental  Law

		DEAN & FULKERSON, PC, Richard A. Barr, rbarr@dflaw.com  or James K. O'Brien,
jobrien@dflaw.com,  801 W Big Beaver, Suite 500, Troy, MI 48084-4767, Phone:
(248) 362-1300,  FAX: (248) 362-1358.

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		Family  Law

		JOHN G. MAKRIS, 802 E Big Beaver Rd, Troy, MI 48083-1404,  Phone: (248)
528-1811, FAX: (248) 524-0973, e-mail: jgmakris@altavista.com.

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		Federal  False Claims (Qui Tam) Actions

		HaronDAVID  HARON represents  whistleblowers in civil false claims actions
and works with referring  attorneys nationwide who specialize in employment
law and other  fields. Under the federal False Claims Act, private
individuals  with knowledge of fraud against federal programs can file suit
on  behalf of the United States and receive a substantial share of any
recovery. Representing such claimants, Mr. Haron has recovered millions  of
dollars in Medicare and Medicaid funds that had been fraudulently  obtained
by health-care providers, primarily through abusive billing  practices. To
learn more, visit his qui tam web site at www.QuiTamOnline.com  or contact
him directly by e-mail at dharon@fsh-law.com  or phone (248) 952-0400 at
Frank, Stefani, Haron & Hall  in Troy http://www.fsh-law.com/

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		Health  Law

		KENNETH R. MARCUS, representing provider organizations and  professionals
since 1984 in Blue Cross/Medicaid/Medicare Audit Defense,  Payment Appeals,
Stark Act Compliance, Managed Care Contracting,  Physician Transactions,
Corporate Law. I work collaboratively with  general counsel. Phone
888.865.9955, fax: 248.865.9956, e-mail:  krmarcus@aol.com. Visit
www.lawyers.com/kenmarcus.

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		Hospital  & Medical Negligence

		THE  LAW OFFICES OF JOHN S. HONE, P.C., representing victims  of hospital and
medical negligence resulting in serious injury,  permanent cognitive and
physical disability and wrongful death.  Millions won, available for
consultation and referral, cases accepted  statewide. Phone Hone: (248)
888-7585; Toll Free: 888-HMO-1010;  Fax: (248) 473-8895; E-mail to
mmhmolawsuit@aol.com

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		Immigration  and Naturalization

		NAHIL PETER ANTONE, N. Peter Antone, PC, 16445 West Twelve  Mile Road, Suite
100, Southfield, MI 48076, Phone: (248) 559-0707,  FAX: (248) 559-0790,
e-mail: Peter@Antone.com.  Visit http://Antone.com.

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		ROGER R. RATHI, Attorney at Law, 29777 Telegraph Road, Suite  2500,
Southfield, MI 48034, Phone: (248) 539-8421, FAX: (248) 353-2786,  e-mail:
rrathi@yahoo.com.

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		STEVEN N. GARMO, Law Offices of Garmo & Garmo, 28230 Orchard  Lake Road,
Suite 201, Farmington Hills, MI 48334, Phone: (248) 626-0050,  FAX: (248)
626-0051, e-mail: steve@garmo.com.  Visit: www.garmo.com.

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		Immigration  Law

		MARSHAL  E. HYMAN & ASSOCIATES. All  aspects of immigration law including
employment-based immigration  for professionals and skilled workers. Labor
certifications. Family-based  immigration. Immigration from Canada. Political
asylum, all waivers  and appeals. Corporate transfers for multinational
employees. Representation  in Immigration courts and Federal courts since
1981. 3250 West Big  Beaver, Suite 529, Troy, MI 48084. (248) 643-0642, Fax:
(248) 643-0798.  E-mail: marshalhyman@msu.com

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		Insurance  Law

		STUART A. SKLAR, Fabian, Sklar & Davis, PC, 31800 Northwestern  Hwy, Suite
205, Farmington Hills, MI 48334, Phone: (248) 855-2110,  FAX: (248) 855-0209.
Additional office located in West Michigan  (616) 451-9900, e-mail:
ssklar-firelaw@tir.com.

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		Intellectual  Property Law

		GIFFORD, KRASS, GROH, SPRINKLE, ANDERSON & CITKOWSKI, P.C.,  280 North Old
Woodward, Suite 400, Birmingham, MI 48009-5392, Phone:  (248) 647-6000, FAX:
(248) 647-5210, e-mail: info@patlaw.com.

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		RADER, FISHMAN & GRAUER, PLLC, Bloomfield Hills (248) 594-0600;  Grand Rapids
(616) 742-3500; Washington, DC (202) 955-3750; Englewood,  CO (303) 991-1200.
Visit www.intelprop.com.

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		Labor  & Employment

		THE LAW  OFFICE of  Gregory T. Gibbs  is an AV rated firm with years of
experience in employment law advice  and litigation. We can answer questions
about: handbooks, sexual  harassment, wrongful discharge, discrimination,
family medical leave,  collective bargaining, wage-hour issues or any other
employment  related matter under state or federal law. We work with you and
your clients under referral fee arrangements. 328 S. Saginaw St.,  Ste. 9001,
Flint, MI 48502. (810) 239-9470, fax (810) 235-2468,  e-mail:
bakerlak@tir.com

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		DAVID D. KOHL, 39500 Orchard Hill Place, Suite 110, Novi, MI  48375, Phone:
(248) 347-6666, FAX: (248) 348-8707, e-mail: daviddkohl@juno.com.

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		Litigation

		FINK, ZAUSMER & KAUFMAN, PC, 31700 Middlebelt Rd #150, Farmington  Hills, MI
48334, Phone: (248) 851-4111, FAX: (248) 851-0100. Additional  offices
located in Detroit (313) 963-3873, and Lansing (517) 374-2735.  Visit
http://www.lawsite.com

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		STEPHEN K. VALENTINE, JR, Valentine & Associates, 5767 West  Maple Road.
Suite 400, West Bloomfield, MI 48322, Phone: (248) 851-3010,  FAX: (248)
851-1553.

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		Medical  Malpractice

		WANT A SECOND  OPINION ON A MEDICAL MALPRACTICE CASE? The  law offices of
Anthony M. Malizia, P.C., is a statewide firm that  handles only medical
malpractice cases. I am Martindale-Hubbell  "AV-rated." I sit as a
plaintiff's medical malpractice  mediator. I have 20 years experience in the
review and development  of these cases, many trials to jury verdict, and many
more settlements.  Over the years, upwards of 20% of my case inventory has
consisted  of meritorious cases initially rejected by others, including
"name  firms." Oftentimes these cases were subjected to incomplete  analysis
because of the firm's lack of in-depth, medico-legal background.  Sometimes
medical sleuthing or a new perspective was required. Send  me your rejected
case for a "de novo" review. We also  welcome the referral of "new" cases.
Anthony M. Malizia,  P.C., 37000 Grand River, Suite 340, Farmington Hills, MI
48335,  1-800-555-5107 or e-mail: amlmalizia@aol.com

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		Real  Estate

		BRAD B. ALDRICH, Law Offices of Brad B. Aldrich, PLLC, 645  Griswold, Suite
3261, Detroit, MI 48226, Phone: (313) 965-9490,  FAX: (313) 965-9478, e-mail
belmontald@aol.com.

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		Special  Education Law

		LAW OFFICES  OF MARSHA LYNN TUCK with  20 years experience,
Martindale-Hubbell "AV-rated," representing  students with and without
disabilities in suspension, expulsion,  integration, inclusion, and similar
cases. Marsha Lynn Tuck, 30700  Telegraph Road, Suite 4646, Bingham Farms, MI
48025. (248) 585-9338.

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		Tax  Litigation & Disputes

		JOSEPH FALCONE  is  available to assist attorneys with Federal and State
Civil and Criminal  Tax Litigation and Dispute matters. Joseph Falcone, a
former IRS  Detroit District Counsel Trial Attorney, has handled thousands
of  tax matters and has 27 years experience working in the specialized  area
of Tax Litigation and Disputes. If you require assistance with  a major tax
dispute, wish to refer a matter, or just need a few  minutes consultation
over the phone with your specific problem or  question, telephone or e-mail
us jf@lawyer.com.  Visit our website at www.lawyers.com/falconerolfe.
Falcone & Rolfe, P.C., 3000 Town Center, Suite 2370, Southfield,  MI 48075.
(248) 357 6610. Fax (248) 357-6613.

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		Transportation  Law

		PAUL M. ROSS, P.C., 2840 East Grand River Avenue, Suite  1, East Lansing, MI
48823-4911, Phone: (517) 337-7677, FAX: (517)  332-9361, e-mail:
pross1412@aol.com.

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		Worker's  Compensation

		JOHN M. H ULRICH, IV, Crawforth Mcmanus Tenbrunsel & Ulrich,  999 Haynes
Street, Suite 245, Birmingham, MI 48009-6702, Toll-free:  (800) 424-4878,
Phone: (248) 540-1270, FAX: (248) 540-3925.

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		To receive information  on how to place a Fields of Practice listing, contact
Stacy  Sage or see Advertising  Opportunities on our website.

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		classified  advertising

		Confidential  Records Destruction

		SHRED-IT.  Confidentiality, Privacy and Document Security are vital in
today's  environment. SHRED-IT provides solutions for secure destruction  of
confidential, sensitive and proprietary information, utilizing  a unique,
mobile, ON-SITE document destruction system. Call 1-800-69-SHRED  or
1-800-697-4733. E-mail  Eastern Michigan; e-mail  Out state Michigan or visit
 our website

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		Expert  Witness-Building

		EXPERT WITNESS  services  for construction issues. Our cases include issues
of faulty construction,  failure to disclose, personal injury and ADA. Mr.
Tyson is a member  of many model code organizations including BOCA, ICBO,
NFPA and  ASTM. Our attorney clients represent plaintiffs and defendants.
Rendering independent and unbiased opinions. Ortonville, MI. Phone  (248)
627-6859.

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		RESIDENTIAL  CONSTRUCTION--ABR  Construction Company, Inc. offering expertise
in all phases of residential  construction related to workmanship, cost,
time, structural analysis,  civil analysis, and other related problems.
Contact Jack W. Belkin  member BOCA, ASHI, Bldg. Spec. Inc. licensed builder
and real estate  broker. (248) 443-4063, cell (248) 867-5042 and fax (248)
443-4065,  e-mail jwbelkin@mich.com

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		Expert  Witness-Economics Consulting

		ECONOMIC LOSS CALCULATION and litigation support in personal  injury,
wrongful death and wrongful discharge cases. Over 25 years  experience
including Chief Economist for the Michigan Department  of Commerce. John F.
Hanieski, Ph.D., Economics Consulting Services,  LLC, 8583 W. Eaton Hwy.,
Grand Ledge, MI 48837. (517) 627-6968.  E-mail: hanieski.john@acd.net
website: http://userdata.acd.net/hanieski.john

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		Expert  Witness-Forensic & Environmental Geologist

		FORENSIC  and ENVIRONMENTAL GEOLOGIST*Certified Professional Geologist;  29
years investigating soil and water issues for government and  private
sectors; deposition and trial experience applicable to cases  involving
insurance claims, construction accidents, environmental  contamination,
wetlands, property transactions, malpractice, murder,  rape, etc. For more
information, contact Robert A. Hayes, (517)  655-8348, or
www.geoforensics.com

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		Expert  Witness-Legal Malpractice

		LEGAL MALPRACTICE-EXPERT  EVALUATION, pre-  and post-litigation analysis,
written opinions, deposition and trial  testimony in plaintiff originated or
defendant defended legal malpractice  cases that involve Real Estate and
Commercial Transactions and Civil  Litigation. 18 years' experience as legal
malpractice expert. Asher  N. Tilchin, Tilchin, Hall & Reynolds P.C., 31731
Northwestern  Hwy., Suite 106, Farmington Hills, MI 48334. (248) 855-0995,
fax  (248) 855-0850. E-mail antilchin@aol.com

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		Lawsuit  Financials

		DO MONEY  PROBLEMS caused  by disability force some of your clients to settle
strong, valuable  cases for pennies on the dollar? A Lawsuit Financial,
L.L.C. contingent  advance allows you time to obtain the maximum dollar
possible for  your client's case. Lawsuit Financial, L.L.C., 29777 Telegraph
Road,  Suite 1310, Southfield, MI 48034. Call (248) 948-1800 or (877)
377-SUIT.

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		Legal  Research

		OPEN online  offers instant and cost effective access to public records.
Select  from many sources of criminal data, verify social security numbers,
confirm driving records, find addresses, UCC and incorporation filings,  real
property records, bankruptcies, liens and judgments. For information  call
800-935-OPEN (6736), email info@openonline.com,  or visit www.openonline.com

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		Office  Space Available

		SOUTHFIELD  LAW OFFICE FOR RENT-Reception, conference, kitchen, photocopier,
fax, file room; secretary to share. Central location near all major
expressways for quick access for clientele and courts in the tri-county
area. Attractive and professional. Call Sandra Maison at (248) 355-9400.
Ddelong@thompsonmorello.com

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		Positions  Available

		DAWDA, MANN, MULCAHY & SADLER a full-service Bloomfield  Hills firm, with 25
attorneys and a national client base, is seeking  a real estate/corporate
transactional attorney. Qualified candidates  must have 3-5 years experience
with strong academic credentials.  Send resume and references to Director of
Administration, 39533  Woodward Avenue, Suite 200, Bloomfield Hills, MI
48304.

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		 DAWDA, MANN, MULCAHY & SADLER a full-service Bloomfield Hills  firm, with 25
attorneys and a national client base, is seeking a real  estate/corporate
transactional paralegal. Qualified candidates must  have 3-5 years experience
with strong academic credentials. Send resume  and references to Director of
Administration, 39533 Woodward Avenue,  Suite 200, Bloomfield Hills, MI
48304.

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		ESTABLISHED  MID-SIZED AV Rated Bloomfield Hills litigation firm
representing  businesses and insurance companies, seeks attorney with 0-3
years  experience. Litigation experience helpful. Please direct resumes to
Linda Pillsworth via e-mail: lpillsworth@kallashenk.com or, Facsimile:  (248)
335-9889, or via regular mail: 43902 Woodward Avenue, Suite  200, Bloomfield
Hills, MI 48302. NO TELEPHONE CALLS PLEASE.

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		EXECUTIVE DIRECTOR-The  Grand Rapids Bar Association is soliciting
applications for the position  of Executive Director. The GRBA is a voluntary
local bar with 1,500  members, a full-time staff of 7, one-half-time position
and 8 part-time  volunteers. The Executive Director is the chief operating
officer.  The GRBA includes a Lawyer Referral Service, which will become the
centerpiece for a new Legal Assistance Center in September 2001. The  GRBA
has a combined operating budget of $850,000. The Executive Director  also
oversees, with a committee and the board, the Grand Rapids Bar  Foundation
with assets of $1 million. The Executive Director is responsible  to a
seventeen member Board in accord with policies and procedures  adopted by the
Board. The successful candidate will be a seasoned  executive with a
demonstrated record of achieving positive results,  including experience in
the area of fund development. The Executive  Director will exhibit a high
level of integrity with superior management,  organizational, budgeting,
personnel, and interpersonal communication  skills. The GRBA offers a
competitive salary and benefits package.  Applicants are encouraged to submit
a letter of interest, current  resume, references, and salary requirements to
Executive Director  Search Committee, c/o Sherrie Parmelee, Smith, Haughey,
Rice &  Roegge, Calder Plaza Bldg., 250 Monroe NW, Grand Rapids, MI 49503,
(616) 458-2385, sparmlee@shrr.com  The Grand Rapids Bar Association is an
Equal Opportunity Employer.

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		IMMEDIATE OPENING--Lague,  Newman & Irish is seeking an associate with 1 - 2
years experience.  Candidates must have strong academic credentials and
excellent writing  abilities. Send cover letter, resume, and transcripts to
Eric Gielow,  Lague, Newman & Irish, P.O. Box 389, Muskegon, MI 49443 (or
ergielow@lnilaw.com).

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		PART-TIME  LAWYER FOR HARLEY-DAVIDSON MICHIGAN, INC.*Lawyer needed (15  - 20
hrs/wk) at busy domestic and international Fortune 500 corporate  trademark
law practice in Ann Arbor, Michigan. Strong analytical and  writing skills
and excellent attention to detail are required. This  is a year-round
position. Please do not apply unless you have an interest  in practicing
trademark law. No telephone calls, please. Send your  resume to: Ann Jackson,
Harley-Davidson Michigan, Inc., 315 W. Huron  Street, Suite 400, Ann Arbor,
Michigan 48103.

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		SENIOR COUNSEL*Responsibilities  of this person are to provide advice to
various departments. Draft,  review and negotiate agreements, debt
instruments, and guaranties  for domestic and international business units.
Review all advertising  for compliance with FTC regulations, trademark usage
and adherence  to corporate policies. Defend employment related legal actions
and  review and advise on hiring practices and procedures. Minimum
qualifications  are seven years experience from a law firm and/or a major
corporation  with relevant practice experience. Plus strong background with
employment  law. J.D. from a accredited law school, admitted to practice law
in  Michigan or other U.S. jurisdiction. Please send resume to
Ashleys@dominos.com  or fax to 734-930-4350. Salary is 110K.Legal Department,
Domino's  Pizza, 30 Frank Lloyd Wright Drive, Ann Arbor, MI 48106.

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		UNIVERSITY  OF MICHIGAN-The  Office of the Vice President and General Counsel
of the University  of Michigan is seeking exceptionally qualified applicants
for an attorney  who will take primary responsibility for coordinating the
University's  litigation in the medical malpractice area. The successful
candidate  will engage and supervise outside counsel in medical malpractice
and  will provide advice and representation in other areas of health care
law. This position will work closely with the senior leadership of  the
University Health System, including the Chief of Staff for Clinical  Affairs
and the Director of the Medical Center Risk Management Office,  other
attorneys in the Office of the Vice President and General Counsel,  and with
individual members of the medical staff. The successful candidate  will draft
and review policies; serve on University committees; conduct  educational
programs on legal topics for the University community,  and carry out other
duties as assigned. Experience providing legal  services for a university
affiliated, or similar, health care system  is desired. A law degree from an
NALS accredited law school, membership  or eligibility for membership in the
State Bar of Michigan, at least  five years litigation experience with an
emphasis on medical malpractice,  reasonable experience in health care law
are required. Applications  will be accepted until the position is filled,
but applications should  be submitted promptly to ensure full consideration.
To apply, please  send a cover letter and resume to: Office of the Vice
President and  General Counsel, Attention: MED MAL, 4010 Fleming
Administration Building,  Ann Arbor, Michigan 48109-1340. The University of
Michigan is an equal  opportunity, affirmative action employer.

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		Services

		SOUTH FLORIDA  ATTORNEY available for consultations, all legal and business
matters, referrals, or local counsel, litigation and estates. Contact  Mark
M. Berkley, 385-C West 49th Street, Hialeah (Miami) Florida  33012, telephone
305.556.2626. Member of the State Bar of Michigan  for 25 years and the
Florida Bar for 14 years.

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		Typing  Services

		IS YOUR WORK LOAD OVERWHELMED? Do you have employees on  vacation, sick leave
or disability? Do you need legal briefs, motions  or complaints filed today?
I CAN HELP!!! Visit my web page at www.gnrtyping.com  for more information.
Fast and dependable. SPEEDY FINGERS AT YOUR  SERVICE!

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		To receive information             on how to place a classified
advertisement, contact Stacy             Sage

		news  & moves

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		  bar events

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		archived  e-Journals

		Case  Summary Cumulative Index

		Wednesday,  May 16 e-Journal

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I was really thinking about the prep work needed for Sat evening.  Can we talk tonight?  What watering hole?  Where?

K.

-----Original Message-----
From: John Watson [mailto:jwatson@nwdiagnostic.com]
Sent: Thursday, March 21, 2002 12:45 PM
To: Watson, Kimberly
Subject: FW: Your post-prandial suggestion...

Think we can stay up until 10 p.m. on Friday?  See Bob's invitation below...

-----Original Message-----
From: John Watson [mailto:jwatson@nwdiagnostic.com]
Sent: Thursday, March 21, 2002 12:42 PM
To: Corrigan, Robert
Subject: Your post-prandial suggestion...

Sounds great!  I've always wanted to know a bar owner (but I'll bite my
tongue to limit the "bar" jokes that come to mind)...

Let me pose the question to my lovely wife and I'll get back to you
shortly...

JW

-----Original Message-----
From: Corrigan, Robert [mailto:rcorrigan@fulbright.com]
Sent: Thursday, March 21, 2002 11:49 AM
To: 'jwatson@nwdiagnostic.com'
Subject: RE: April Gulf Coast MGMA meeting A - H

Greetings and salutations!  I have an interest in a watering hole that just
opened up and Gwen and I have plans to spend a couple of hours there Friday
(9-11) after dinner and the kids are down.  Are available to join us for
post dinner aperitifs?
-----Original Message-----
From: John Watson [mailto:jwatson@nwdiagnostic.com]
Sent: Thursday, March 21, 2002 7:52 AM
To: John Watson
Subject: April Gulf Coast MGMA meeting A - H

==========================================
You have received this message because you are on
the distribution list for GCMGMA meeting announcments.
If you wish to be removed from this list, simply reply to
this message with that instruction.
==========================================

The next Gulf Coast MGMA meeting will be held on Wednesday, April 3.  Mark
Phelps, attorney and affiliate member of GCMGMA, will update those in
attendance on the latest information regarding the Health Insurance
Portability and Accountability Act (HIPAA), and its impact on physician
practices.

For the location and time of the meeting, please visit the web site at
www.gulfcoastmgma.org and click on the "April 3" link.  You may RSVP your
plans to attend from the web site or by clicking/pasting the link below:

http://www.gulfcoastmgma.org/RSVP_yes.htm

*** Please note:  the meeting schedule has changed.  The dinner/networking
period has been foreshortened and the presentation will commence at 6:15
p.m. ***

The latest issue of GCMGMA Update is available on the web site.  Click or
paste the link below to view:

http://www.gulfcoastmgma.org/GCMGMA_Updates/200203update.pdf

We hope to see you there!

The GCMGMA Board of Directors

==========================================
You have received this message because you are on
the distribution list for GCMGMA meeting announcments.
If you wish to be removed from this list, simply reply to
this message with that instruction.
==========================================


First installment of finance comments.
---------------------- Forwarded by Kay Mann/Corp/Enron on 12/20/2000 07:55
PM ---------------------------

Lisa Bills
12/20/2000 07:14 PM
To: Kay Mann/Corp/Enron@Enron, Fred Mitro/HOU/ECT@ECT
cc:

Subject: Intergen Letter Agreements

I have reviewed the Transformer and Turbine Letter Agreements I received
today.

Transformer Letter

2(a) & 3(e):  why is there usage of "ABB et al." when ABB is defined?  Also,
the "certain agreement" referred to in both sections is NOT between ENA and
ABB.  It's now between E-Next Generation LLC as purchaser, ENA as agent for
purchaser, and ABB, as amended.

3(a):  have two sets of "(i), (ii)" in para.  It's also unclear what this
para actually says.

4:  definition of "Term" should go after (b) no?

Turbine Letter

3(a):  Para is clearer than in Transformer but still difficult to understand.

3(f):  Don't understand this para. and what happens with the final payment
due to GE.

3(g):  the "certain agreement" is not between GE and ENA.  See first comment
under Transformer Letter.  There is also the usage of "et al." after GE.

4:  same comment as in Transformer Letter.

I haven't had a chance to review the LLC Agreement yet.

Lisa


> I don't like to relate sad news, but sometimes we need to pause and
> remember what life is about:
>
> There was a great loss recently in the entertainment world. Larry LaPrise,
> the Detroit native who wrote the song "Hokey Pokey," died last week at 83.
> It was especially difficult for the family to keep him in the casket.
> They'd put his left leg in, he'd put his left leg out......and, well, you
> know the rest.
> --
>
>


Dear Perspective Employers,

Please review the professional resume of a seasoned pilot  we are currently representing seeking new career  opportunities.  He is available immediately for full-time  employment globally.   Over 12,000+ hrs TT, 11,000+hrs PIC,   8,800 hrs turbine and extensive international experience make him  an attractive candidate. Type rated in G-V, G-1159, DA-20, Lear Jet  20/30 and CE-525. Feel free to  contact me directly so we  may address any questions you may have as well as set up a phone  conversation at your convenience.  Look forward to hearing from  you.

Thank you,

Jim Chukayne
JetLease  Cleveland
216-464-1035 x319www.jetlease.com

 - resume 7-19-01.lnk


Julie,

In Sitara, the following purchases expire with no evergreen flag.  Please let
me know if this is correct for these contracts.

Deal 138094  -  ERAC     expires 10/31/00
Deal 113858  -  Teco Gas Processing     expires 12/31/00

D


Vince,

We have used the updated RAB with initial RAB around 80% in the simulation.

Zimin

Vince J Kaminski
08/24/2000 08:47 AM
To: Zimin Lu/HOU/ECT@ECT, Robert E Lee/HOU/ECT@ECT, Stinson
Gibner/HOU/ECT@ECT, Steven Leppard/LON/ECT@ECT
cc:
Subject: UK RAB Multiples

FYI

Vince

---------------------- Forwarded by Vince J Kaminski/HOU/ECT on 08/24/2000
08:51 AM ---------------------------

	Michael Anderson @ AZURIX
	08/23/2000 07:48 PM

To: Vince J Kaminski/HOU/ECT@ECT
cc: keith.harris@wessexwater.com
Subject: UK RAB Multiples

I talked with Keith Harris, our CFO at Wessex, about the RAB multiple graph I
gave you.  He expressed that the Wessex people had originated the data and
that the graph was correct, to the best of their knowledge.  The only (but
very important correction) is that they started the graph at an index of
100%, which does not imply a 100% of RAB multiple.  Rather, the initial RAB
multiple was around 80%, implying that the entire line should be taken down
by 20 percentile points.  Thus the all time hime in late 98 should be closer
to the 1.3x RAB that I had targeted during our discussion.  Please call Keith
if he has not yet contact you.


---------------------- Forwarded by Thomas A Martin/HOU/ECT on 03/20/2001
03:51 PM ---------------------------

Thomas A Martin
07/13/2000 11:19 AM
To: Elsa Villarreal/HOU/ECT@ECT
cc:
Subject: Industrial and IPP Customer Coverage List

---------------------- Forwarded by Thomas A Martin/HOU/ECT on 07/13/2000
11:14 AM ---------------------------

Edward D Gottlob
07/12/2000 01:40 PM
To: Thomas A Martin/HOU/ECT@ECT
cc:
Subject: Industrial and IPP Customer Coverage List

---------------------- Forwarded by Edward D Gottlob/HOU/ECT on 07/12/2000
01:40 PM ---------------------------
From: Greg Brazaitis on 07/12/2000 01:36 PM
To: Edward D Gottlob/HOU/ECT@ECT
cc:
Subject: Industrial and IPP Customer Coverage List

Hope this helps.
Greg B.


When you have them ready could you give me the reversals for this month
please.

Thanx

Chris


Chris,
I had tried to reconstruct Sunday the 24th based upon your notes,  but was unsuccessful.    I am going to need you to spend some time straightening this out.     Enpower is out of balance  and the books are as well.
Risk management/Settlements wants this balanced,  as we cannot tie out with our customers.

We will probably need to restore Enpower to precut status,  then initiate the proper deal entry to handle the cuts that came in.

You mention inadvertancy in your Notes,  but I dont know the particulars of this problem.    I'm sure you are aware that every cut needs to be reflected in Enpower.     If you were in balance when you arrived for your shift,   then you should be in balance when you leave.
The Real Time position manager is used to check whether this happened or not.

Give me a call to straighten this out.

JMF


Dad,

Canadian 88 up $0.25 to $2.05


CALENDAR ENTRY:	APPOINTMENT

Description:
	Donna/SCE Data Request EB4194

Date:		4/17/2001
Time:		9:30 AM - 10:30 AM (Central Standard Time)

Chairperson:	Outlook Migration Team

Detailed Description:


Legal,

Per the request of John Malowney, please prepare an ISDA between Enron North America and West Linn Paper Company.  Kortney Brown or myself are you credit contacts.  Please note that all deals done with this counterparty need to be fully secured.

Thanks,

Susan


Great job on the analyst call.  Was preparing for it like finals in undergrad?

Jeff


Samantha,

When you get in let's take a look and see if you can get into the Master Swap
Agreement Database.

----- Forwarded by Tana Jones/HOU/ECT on 06/06/2000 05:50 PM -----

	Michael Neves
	06/06/2000 05:28 PM

		 To: Tana Jones/HOU/ECT@ECT
		 cc:
		 Subject: Request Closed: Access Request (MNES-4L2JK4)

FYI --
---------------------- Forwarded by Michael Neves/HOU/ECT on 06/06/2000 05:19
PM ---------------------------

Information Risk Management on 06/06/2000 05:26:51 PM
To: Michael Neves/HOU/ECT@ECT

Subject: Request Closed:  Access Request (MNES-4L2JK4)

The following resource request has been closed. A summary of the request
appears below. To see your original request, please click on the Request Link
icon.

Request Number:	MNES-4L2JK4
Requested For:	Tana Jones/HOU/ECT
Request Link:

	Requested Resource(s)
	Name	Cost	Status	Implementation Comments
	Application/Database
	Unlisted Lotus Notes Applicti...		Completed	Added Samantha Boyd to the ECT Legal - Swap -
Users group. Please allow approx. 1 hour for the change to replicate to all
of the Address Books.


I am fine with your proposed selection of counsel. Jim

 -----Original Message-----
From: 	Lee, Matthias
Sent:	Monday, April 16, 2001 8:35 PM
To:	Derrick Jr., James
Cc:	Aronowitz, Alan; Poon, Angeline; Lee, Matthias
Subject:	Tenancy dispute - approval for engaging external counsel

Jim

I am managing a dispute here in Singapore involving the tenancy of one of our expats (John Chismar). Essentially, there was an agreement for an early termination on 31 May 2001, but the Landlord is now seeking to "rescind" the early termination agreement on grounds that we have allegedly prevented his contractors from inspecting the premises thereby breaching a condition of  termination agreement.

I am of the view that the allegations are without merit but there is significant acrimony with the Landlord and all attempts at reasoning with him have failed. John Chismar is of course adamant about moving out and has in fact agreed to a new lease of different premises. The Landlord (who is an ex-lawyer) is likely to be uncooperative when we try to hand over at the end of the month and withhold the deposit of S$42,750 (approx. US$24,000) and try to sue for rent.

In anticipation of litigation, I would like to instruct external counsel to help me manage this matter. I took the liberty to mention this to John C and he is agreeable to the course of action.

I would like to propose Hri Kumar of Drew & Napier whom I have worked with and instructed for similar matters in my previous employment. Drew & Napier is a prominent law firm in Singapore (especially for litigation). They have a joint venture with Freshfields of the UK which operate here in Singapore as Freshfields Drew & Napier dealing with high end corporate work. However, I note that Drew & Napier is not on our approved list of external counsel and write for your approval that I instruct them for this matter.

Regards

Matt Lee
Legal Counsel
Singapore
Tel : (65)  838 9103
Fax : (65) 734 2868


here are the deltas, thanks

John


I have just received a letter which outlines the following sites and turbines which are for sale in the market.  Please let me know if any of you have any interest and we will sign the CA and get more detailed information.  I have additional details at my desk but will limit this email to a brief summary.

SITES
Site A: PJM  - Central (PA) 1100 MW gas/oil fired CC using Siemens V84.2 or GE 7FA.  Brownfield site located on Susquehanna River in PA.
Site B: PJM - East (NJ) 550 MW gas/oil fired CC using GE 7FA. Brownfield site along Delaware River in NJ.
Site C: PJM - West (PA) 1100 MW gas/oil fired CC using Siemens V84.2 or GE 7FA. Greenfield in western PA.
Site D: PJM - West (PA) 1100 MW gas/oil fired CC using GE 7FA.  Brownfield in western PA. Site is located on existing gas storage field.

Some of the sites have access to multiple gas and oil pipelines.  All four sites have queue positions in the PJM process and have received completed PJM Feasibility Studies.  Two of the sites have completed Impact Studies.

TURBINES
6 Siemens V84.2 gas turbine generators with deliveries from Aug 2002-April 2003.
2 Alstom Steam Turbines for V84.2 applications with delivery May 2003 and Oct. 2003.

6 GE 7FA Turbines for duel fuel operation with dry low-NOx combustors.  Delivery is as follows: 2 - Nov. 2002,  2 - March 2003, 2 - Nov. 2003.
3 Alstom Steam Turbines for 7 FA Application with delivery May, July and Oct 2003.

Let me know if anyone has any interest.

Thanks,

Don


Today we announced the appointment of Jeff McMahon as Enron's chief financial officer.  In my continued discussions with the financial community yesterday and today, it became clear that this move was required to restore investor confidence.  Jeff has unparalleled qualifications and a deep and thorough understanding of Enron.  He is already on the job and hard at work on the issues before us.  Andy Fastow will be on a leave of absence from the company.

Jeff had been serving as chairman and CEO of Enron Industrial Markets. He joined Enron in 1994 and spent three years in the London office as chief financial officer for Enron's European operations.  Upon returning to the U.S., Jeff was executive vice president of finance and treasurer for Enron Corp.  In 2000, he was named president and chief operating officer of Enron Net Works.

I know all of you are concerned about the continuing decline in our share price.  I am too, and we are working very hard to turn it around.  Appointing Jeff as CFO is one important step in that process.  But most of the solution involves just continuing to do our jobs with excellence.  The fundamentals of our business are strong, and I think the market will begin to see that as we continue to perform.

Please join me in giving Jeff your full support, and thank you for all of your continued hard work.


Let's set up the new indices on Tues.  PG&E topock and Socal border.

Matt and Frank will set up new products for gd swaps and basis.  I am working
on the phys index.

Keith will change the socal index from Southern CA border average to
Southern  border, Socal.  This new index excludes KRS.

Grigs


Thanks.

 -----Original Message-----
From: 	Brassfield, Morris
Sent:	Wednesday, November 14, 2001 1:30 PM
To:	Hayslett, Rod
Subject:	RE: FYI...

Don't work too hard.   Anything I can do for you, don't hesitate to call.

Morris A. Brassfield
Enron Transportation Services
Senior Director
Operations Support Services
Three Allen Center 3285
333 Clay Street
Houston, Texas 77002

713-646-7006  Business Phone
713-503-1409  Cell Phone

 -----Original Message-----
From: 	Hayslett, Rod
Sent:	Wednesday, November 14, 2001 1:28 PM
To:	Brassfield, Morris
Subject:	RE: FYI...

No, I'm working on the credit agreement.

 -----Original Message-----
From: 	Brassfield, Morris
Sent:	Wednesday, November 14, 2001 1:27 PM
To:	Hayslett, Rod
Subject:	RE: FYI...

Yes, Amelia sent us a note early this morning.   Are you coming to it?

Morris A. Brassfield
Enron Transportation Services
Senior Director
Operations Support Services
Three Allen Center 3285
333 Clay Street
Houston, Texas 77002

713-646-7006  Business Phone
713-503-1409  Cell Phone

 -----Original Message-----
From: 	Hayslett, Rod
Sent:	Wednesday, November 14, 2001 1:04 PM
To:	Brassfield, Morris
Subject:	FW: FYI...

Are you aware of this?

 -----Original Message-----
From: 	Nelson, Kimberly (ETS)
Sent:	Wednesday, November 14, 2001 1:00 PM
To:	Hayslett, Rod
Subject:	FYI...

Stan's meeting with Phil's group is at 2:00 today in 2AC12 - Forum.


PF Chang's works for me.  Tim's riding with me - why don't you guys go together however you want to.  I will let Bryan know.  Why don't we meet @ PF Chang's @ 11:45.

Tim - You want to meet in the lobby around 11:20 or so?
 -----Original Message-----
From: 	Baumbach, David
Sent:	Friday, January 25, 2002 7:52 AM
To:	Herod, Brenda F.
Subject:	RE: Lunch

I can drive, Bass can drive, and I think O can drive ... how about PF Changs?

 -----Original Message-----
From: 	Herod, Brenda F.
Sent:	Thursday, January 24, 2002 4:16 PM
To:	Baumbach, David; Bass, Eric; Blanchard, Timothy; Winfree, O'Neal D.
Subject:	RE: Lunch
Importance:	High

OK, here's the deal.  I've heard from everyone and we're good for tomorrow!  Now - where and when? I park in Allen Center and can carry 3 people.  Who else can drive?  I'm available anytime - like 11:30 or so.

 -----Original Message-----
From: 	Baumbach, David
Sent:	Thursday, January 24, 2002 3:08 PM
To:	Herod, Brenda F.; Bass, Eric; Blanchard, Timothy; Winfree, O'Neal D.
Subject:	RE: Lunch

I'm in for tomorrow ...

Dave

 -----Original Message-----
From: 	Herod, Brenda F.
Sent:	Thursday, January 24, 2002 1:46 PM
To:	Bass, Eric; Blanchard, Timothy; Baumbach, David; Winfree, O'Neal D.
Subject:	Lunch

Since Mr. Bass didn't follow through on our social engagement, I thought I would do so.  Is anyone interested in lunch?  Is tomorrow too early for you all or should we shoot for next week?  Mr. Hull and I are both available tomorrow.  You guys let me know.  We'll have to go dutch (no more expense report) or one of you UBS people with your big bonuses will have to pick it up!

Let me know.


Linda Whitworth-Reed
140 Brent Way
Alabaster, AL 35007-3110
linda@latreo.net

To Mr. Ken Lay

Dear Sir:

I'm writing to urge you to donate the millions of dollars you made from selling Enron stock before the company declared bankruptcy to funds, such as Enron Employee Transition Fund and REACH, that benefit the company's employees, who lost their retirement savings, and provide relief to low-income consumers in California, who can't afford to pay their energy bills.  Enron and you made millions out of the pocketbooks of California consumers and from the efforts of your employees.

Indeed, while you netted well over a $100 million, many of Enron's employees were financially devastated when the company declared bankruptcy and their retirement plans were wiped out.  And Enron made an astronomical profit during the California energy crisis last year.  As a result, there are thousands of consumers who are unable to pay their basic energy bills and the largest utility in the state is bankrupt.

The New York Times reported that you sold $101 million worth of Enron stock while aggressively urging the company's employees to keep buying it.  Please donate this money to the funds set up to help repair the lives of those Americans hurt by Enron's underhanded dealings.

Sincerely,

Linda Whitworth-Reed


yes, thanks.

From: Ed B Hearn III@ECT on 03/12/2001 05:36 PM
To: Kay Mann/Corp/Enron@Enron
cc:

Subject: LegalNetEx

Kay:

Did LegalNetEx send your ID and Password?


Steve, write these down in pencil - I need a chance to review.

thanks
Dave
---------------------- Forwarded by David W Delainey/HOU/ECT on 02/06/2001
07:09 PM ---------------------------

Dan Leff@EES
02/06/2001 04:31 PM
To: Steven J Kean/NA/Enron@Enron
cc: Marty Sunde/HOU/EES@EES, David W Delainey/HOU/ECT@ECT
Subject: 2001 EES Goals

Steve -

Per your request.

Regards - Dan


Unwind existing Frontera management contract and develop new contract including DelMarVa facility (Commonwealth Chesapeake Corp)


Congratulations to you and Lanettte on the birth of Nicole Mackenzie.  What a
pretty name!  I was in London last week and got the news while I was there.

I hope that everyone in your household is doing well, although I know that
you are probably a bit sleep deprived.  That will pass - although with your
first one that is really hard to believe.  Please stop by as soon as you have
pictures.  I would love to see them.  --Sally


---------------------- Forwarded by Kay Mann/Corp/Enron on 12/22/2000 01:28
PM ---------------------------

Lisa Alfaro@ENRON_DEVELOPMENT
12/22/2000 01:24 PM
To: Kay Mann/Corp/Enron@ENRON
cc: Brett R Wiggs/SA/Enron@Enron, John R Ayres/NA/Enron@Enron, John
Novak/SA/Enron@Enron

Subject: Re: ESA break out contract

Yes.

Kay Mann@ENRON
12/22/2000 12:26 PM
To: Brett R Wiggs/SA/Enron@Enron, John R Ayres/NA/Enron@Enron, Lisa
Alfaro/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, John Novak/SA/Enron@Enron
cc:

Subject: ESA break out contract

Lee Johnson is coming in today to sign off on the turbine contract.  Is ESA
ready to go with this one?

Thanks,

Kay


The report named: Enron Americas Position Report <http://erv.corp.enron.com/linkFromExcel.asp?report_cd=102&report_name=Enron+Americas+Position+Report&category_cd=2&category_name=ENRON%20CONSOLIDATED&toc_hide=1&sTV1=2&TV1Exp=Y&current_efct_date=11/13/2001>, published as of 11/13/2001 is now available for viewing on the website.

Publisher's Notes:

FINAL


Start Date: 3/31/01; HourAhead hour: 2;  No ancillary schedules awarded.
Variances detected.
Variances detected in Generation schedule.

    LOG MESSAGES:

PARSING FILE -->> O:\Portland\WestDesk\California Scheduling\ISO Final
Schedules\2001033102.txt

---- Generation Schedule ----
$$$ Variance found in table tblGEN_SCHEDULE.
     Details: (Hour: 2 / Preferred:   4.00 / Final:   3.99)
  TRANS_TYPE: FINAL
  SC_ID: SierraPowe
  MKT_TYPE: 2
  TRANS_DATE: 3/31/01
  UNIT_ID: VESTAL_6_WDFIRE


Deal 457758.1 for 11/14/00, HE 7 shows 25mw @ $175, TNP shows $150, the El
Paso model shows $150.
I believe tehy are correct. Can you please tell me who is right and if they
are, please change this?
Thank you
Joy


Just to catch you up a bit...
---------------------- Forwarded by Kay Mann/Corp/Enron on 08/21/2000 02:25
PM ---------------------------

Heather Kroll@ECT
08/21/2000 10:32 AM
To: Jeffrey Keenan/HOU/ECT@ECT, John Moore/Corp/Enron@Enron
cc: Kay Mann/Corp/Enron@Enron, Ozzie Pagan/HOU/ECT@ECT

Subject: VEPCO Information Request

To all:

In our last meeting with VEPCO we presented a structure that would

1).  Allow Enron to sell the Edgecombe plant to VEPCO at a fixed price at the
end of the term of the PPA (around $325/kW)
2).  Allow VEPCO to buy the plant from us at a fixed price at the end of the
term of the PPA (around $425/kW).

This structure caps our downside risk into a quantifiable number (it also
limits our upside but we're willing to give that up to protect against a big
negative hit).

In order to evaluate this structure, VEPCO has asked for some specific plant
information.  We have most of this info in various forms and I would like
your help pulling it together.

1).  Full plant description (equipment, design, drawings)
2).  Construction costs (have we gotten updated NEPCO numbers for this
project?)
3).  Permits (timeline for obtaining, run hours allowed on both natural gas
and fuel oil, emission limits)
4).  Fuel contracts (in process).

Please let me know what you have and an estimate on timing to get the rest of
the request.

If we can negotiate this structure with VEPCO, we will make a significant
jump in getting the internal okay to move forward.

Thanks for your help,

Heather


Dear Editorial Review Board,

At the last EC meeting, the EC voted to send a report to the FERC regarding
the issue of cross contract ranking.  Cross contract ranking was an action
item in the 1999 annual plan that after much debate failed at the EC, so the
recommended standards were never adopted. The recommended standards failed
because the EC was unable to form a consensus around the work product.
Normally, this voting failure would be seen as evidence that the industry was
not ready for such standards as a consensus could not be built for them.

Some Commission staff  has contacted some of the EC members to better
understand why these recommended standards were not adopted.  All minutes of
the meetings and work products are posted on the home page, accessible to any
interested party.  Because of the calls made and the repeated review at the
EC (November, February and April),  some EC members proposed that a letter be
sent to the FERC and voted on specific language, which is included in the
letter.  Care was taken that the language not be misconstrued as advocacy.

Please let me know if you would like a conference call on this matter, or if
you have any comments on the attached draft.  The EC is aware that the
Editorial Review Board must approve all written communications of this type.
Typical communications with the FERC take the form of a status report, so
this is somewhat unusual.

I look forward to your responses -- Best Regards, Rae

 - cr000615 cross contract ranking.pdf


Hi sweetie!   sorry to hear you didnt sleep well.   i on the other hand slept great!   i would've slept even better with a certain someone at my side.  all  in due time i guess.
thanks for complimenting my room - but as i said "it serves its purpose".   i bet it is not as nice as your home.
hey sorry about thunder's hair getting on you.   i think he is shedding.  last night i took him with me to pick something up from my sister's house and his hair was all over my shirt.  i took him a good long bath last night.  he is squeaky clean.

i'm still ok with giving you a ride today.

 -----Original Message-----
From: 	Griffith, John
Sent:	Monday, October 22, 2001 7:53 AM
To:	Villarreal, Alexandra
Subject:

Hey what is going on?  How did you sleep last nite.  I didn't sleep well.  I had weird dreams.  Anyway, I had a wonderful time yesterday.  I hope you did as well.  You have a very nice room.  Everything a person needs.  A nice soft bed, a tv, a closet, a computer and a nice soft bed, oh did I mention that already, I guess that is on my mind.

Have a wonderful day and I will talk to you soon.

I might need a ride today, are you still okay with that?  I have to call the dealership when they open.  Thank you for offering.


UT Team,

I just got word that Monique Salazar and Nadeem Abdullah have already
accepted the offer to come to Enron.  So please call and congratulate them
rather than cultivate.
The only formal decline we have received is from Scott Conner, so unless you
would like to try and sway him to Enron there is no need to contact him.

Also for clarification - if you have a candidate name next to your name in
the team roster please contact only that candidate.  (Ex. David Haug will
only call Niraj Parikh)  If you do not have a candidate name next to your
name please call all the candidates on your team list. (Ex. Jennifer Martinez
will call all 5 candidates on her team)  The hope is that these candidates
will feel a sense of belonging and want to come to Enron.  The candidates
will appreciate someone from Enron who takes the time out to call and it
shows our people care.

If you have any further questions please feel free to contact me anytime.

Kristin
---------------------- Forwarded by Kristin Gandy/NA/Enron on 12/18/2000
05:12 PM ---------------------------

Kristin Gandy
12/18/2000 03:46 PM
To: David Haug/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Gary
Hickerson/HOU/ECT@ECT, Craig Childers/HOU/EES@EES, Thomas
Suffield/NA/Enron@ENRON, Ben F Glisan/HOU/ECT@ECT, Ermes
Helinchon/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Hal Elrod/Corp/Enron@Enron,
Clay Spears/HOU/ECT@ECT, Kelly Mahmoud/HOU/ECT@ECT, Ellen Fowler/Enron
Communications@Enron Communications, Kevin Kuykendall/HOU/ECT@ECT, Fred
Mitro/HOU/ECT@ECT, Kyle Kettler/HOU/ECT@ECT, Jeff Bartlett/HOU/ECT@ECT, Paul
J Broderick/HOU/ECT@ECT, John House/HOU/ECT@ECT, George
McCormick/HOU/ECT@ECT, Guido Caranti/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Ken
Sissingh/Corp/Enron@Enron, Gwynn Gorsuch/NA/Enron@ENRON, Mark Gandy/Enron
Communications@Enron Communications, Shawn
Cumberland/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Jennifer
Martinez/HOU/ECT@ECT, Sean Keenan/HOU/ECT@ECT, Webb Jennings/HOU/ECT@ECT,
Brian Hendon/Enron Communications@Enron Communications, Billy Braddock/Enron
Communications@Enron Communications, Paul Burkhart/Enron Communications@Enron
Communications, Garrett Tripp/TOR/ECT@ECT, John Massey/HOU/ECT@ECT, V Charles
Weldon/HOU/ECT@ECT, Peter Hayes/HOU/EES@EES, Ross Mesquita/NA/Enron@ENRON,
David Mitchell/HOU/ECT@ECT, Brian Kerrigan/HOU/ECT@ECT, Mark Gandy/Enron
Communications@Enron Communications, Jennifer Martinez/HOU/ECT@ECT, Sean
Keenan/HOU/ECT@ECT, Webb Jennings/HOU/ECT@ECT, Brian Hendon/Enron
Communications@Enron Communications, Billy Braddock/Enron
Communications@Enron Communications, Garrett Tripp/TOR/ECT@ECT, John
Massey/HOU/ECT@ECT, V Charles Weldon/HOU/ECT@ECT, Peter Hayes/HOU/EES@EES,
Ross Mesquita/NA/Enron@ENRON, David Mitchell/HOU/ECT@ECT
cc:

Subject: UT Candidate Cultivation

Hi UT Team -

We're in a critical time in the recruiting process as offers have been
extended and we need to make sure they're accepted!  In order to ensure
cultivation of the UT candidates who received offers, we have assigned each
of you to a team of candidates to call at least once before the Holidays.

The teams are designed so there is an executive lead, an experienced Enron
representative, and/or an associate.  All members of the cultivation team
should contact each candidate assigned to their team each week.  If the
executive leads want to develop a more detailed strategy for their
cultivation team that is fine.  Each week the associate should report to me
about the candidates on their team, letting me know about any issues or
concerns.

The deadline for offer acceptance has been extended to January 2nd!  Please
communicate this to all candidates and make sure to let them know if the
paperwork is not in our office by January 2nd we will assume they are
declining.

If you have any questions or do not feel that you have the time to devote to
this, please let me know so we can replace you.  I really appreciate your
help!  Don't forget to call everyone at least once before the Holidays,
because they will be leaving campus for Christmas break soon!

Team #1:       Candidates:
  Lead -  David Haug    Niraj Parikh  512-401-8530
   Thomas Suffield   Monique Salazar 512-474-1974
   Ellen Fowler    Todd Preheim  512-799-8981
   Kyle Kettler    Jonathan Mueller 512-342-2531
   Paul Broderick    Roman Stephens 512-444-5480
   Mark Gandy
   Jennifer Martinez
   Peter Hayes
   John Massey
   Gwynn Gorsuch

Team #2:       Candidates:
  Lead -  Shawn Cumberland   Nadeem Abdullah 512-457-1511
   Gary Hickerson    Scott Conner  512-338-9581
   Ben Glisan    Thomas Dalton  512-527-9808
   Kevin Kuykendall   Jacee Burnes  512-447-7479
   Jeff Bartlett
   Ross Mesquita
   Sean Keenan
   David Mitchell
   Paul Burkhart
   Billy Braddock

To the best of my knowledge we have had no acceptances or declines from UT
but if you have more up to date information please past it my way.

If there is a member of the team I have left off the distribution list and
wants to participate please let me know.

Thank you again,

Kristin Gandy
Associate Recruiter
713-345-3214


---------------------- Forwarded by Christian Yoder/HOU/ECT on 02/15/2001
02:42 PM ---------------------------

	Enron Capital & Trade Resources Corp.

	From:  "Pat Boylston" <pgboylston@stoel.com>
02/15/2001 03:21 PM

To: Christian.Yoder@enron.com
cc:
Subject: With indemnification

 - AmendABX1.wpd


What do I need to do to move this thing forward?
I suspect that the problem is basically with the lawyers.  They only know how
to stop things, but in a way they play a role in global society.  If it were
not for the handicaps they lay on us the rest of the world would never have a
chance.

-----Original Message-----
From: Vince.J.Kaminski@enron.com
To: macmilli@wharton.upenn.edu
Cc: Vince.J.Kaminski@enron.com
Sent: 3/8/01 12:12 PM
Subject: Re: Lawyer

Ian,

Sorry for a delay in getting back to you.
I have one challenge I did not anticipate
when I talked to you  the first time about our Real Options
internal seminar.

The materials were prepared in collaboration with a professor
from another school, and there is some  sensitivity regarding
the intellectual property rights and the ability to distribute the
materials
outside Enron.

Please, give me some time to find out if I can work
around this issue.

Vince

"MacMillan, Ian" <macmilli@wharton.upenn.edu> on 03/07/2001 06:46:28 AM

To:   "'Vince.J.Kaminski@enron.com'" <Vince.J.Kaminski@enron.com>
cc:
Subject:  Lawyer

I still have not heard from your lawyer.  I would like to see whar
materials you are using and assess how we could work on the topic of
real
options with Enron


hello everyone,

Please review the attached credit worksheet for terms to be included within
all Omnibus contracts, until an ISDA is executed.

thanks
brant


FYI.

Marcus, please update me on the status of this matter.

Thanks, Alan
----- Forwarded by Alan Aronowitz/HOU/ECT on 11/09/2000 05:22 PM -----

	klarsen@mwe.com
	11/03/2000 03:25 PM

		 To: alfred.pennisi@enron.com
		 cc: Alan.Aronowitz@enron.com, ppantano@mwe.com, daron@mwe.com,
darezina@mwe.com
		 Subject: ETS Risk Assessment Reporting Memorandum

Dear Al:
As discussed, attached please find our Memorandum concerning ETS's CFTC risk
assessment reporting requirements.  Included in the Memo is a discussion of
the
information we will need from Enron to file such report.  Thank you.

Best regards,
Kari S. Larsen
McDermott, Will & Emery
600 13th Street, N.W.
Washington, DC 20005
Ph:    (202) 756-8374
Fax:  (202) 756-8087
Email:  klarsen@mwe.com

(See attached file: ETS Risk Assessment Report Memo.doc)

******************************************************************************
*******

This message is a PRIVATE communication.   If you are not the intended
recipient, please do not read, copy, or use it, and do not disclose it to
others.  Please notify the sender of the delivery error by replying to this
message, and then delete it from your system.  Thank you.
******************************************************************************
*******

For more information on McDERMOTT, WILL & EMERY please visit our website at:
http://www.mwe.com/

 - ETS Risk Assessment Report Memo.doc


FYI.  Project's already done.
---------------------- Forwarded by Alan Comnes/PDX/ECT on 03/18/2001 07:25
AM ---------------------------

Alan Comnes
03/18/2001 07:21 AM
To: Ginger Dernehl/NA/Enron@Enron, James D Steffes/NA/Enron@Enron, Harry
Kingerski/NA/Enron@Enron, Eric Benson/NA/Enron@ENRON
cc: Alan Comnes/PDX/ECT@ECT

Subject: Project Requires RCR

The following project requires RCR:

Project Lead: Alan Comnes

Project Name: Cal PX Filing re: Implementation of $150/MWh Breakpoint

RCR Title: Comments on Cal PX Motion Seeking Guidance on Implementing
$150/MWh Breakpoint

Proposed Expenditure: $2,000.00

To see more detail on this project, click on the following link >>>


that's what i thought.

-----Original Message-----
From: Matthew.Lenhart@enron.com [mailto:Matthew.Lenhart@enron.com]
Sent: Thursday, October 25, 2001 2:12 PM
To: erichardson@sarofim.com
Subject: RE:

no.  it means i am excited to go.

    -----Original Message-----
   From:   Erin Richardson <erichardson@sarofim.com>@ENRON
   Sent:   Thursday, October 25, 2001 2:00 PM
   To:     Lenhart, Matthew
   Subject:  RE:

   is that supposed to bother me?

   -----Original Message-----
   From: Matthew.Lenhart@enron.com [mailto:Matthew.Lenhart@enron.com]
   Sent: Thursday, October 25, 2001 1:56 PM
   To: erichardson@sarofim.com
   Subject: RE:

   i am gonna get wasted at this dinner.

       -----Original Message-----
      From:   Erin Richardson <erichardson@sarofim.com>@ENRON
      Sent:   Thursday, October 25, 2001 1:50 PM
      To:     Lenhart, Matthew
      Subject:

      you better be getting excited about dinner.  i'm not taking you if
   you
      aren't.

   **********************************************************************
   This e-mail is the property of Enron Corp. and/or its relevant affiliate
   and
   may contain confidential and privileged material for the sole use of the
   intended recipient (s). Any review, use, distribution or disclosure by
   others is strictly prohibited. If you are not the intended recipient (or
   authorized to receive for the recipient), please contact the sender or
   reply
   to Enron Corp. at enron.messaging.administration@enron.com and delete
   all
   copies of the message. This e-mail (and any attachments hereto) are not
   intended to be an offer (or an acceptance) and do not create or evidence
   a
   binding and enforceable contract between Enron Corp. (or any of its
   affiliates) and the intended recipient or any other party, and may not
   be
   relied on by anyone as the basis of a contract by estoppel or otherwise.
   Thank you.
   **********************************************************************


More fun for your file.
---------------------- Forwarded by Kay Mann/Corp/Enron on 12/21/2000 06:14
PM ---------------------------

"Thompson, Peter J." <peterthompson@akllp.com> on 12/21/2000 04:54:21 PM
To: "George Kutzschbach (E-mail)" <gkutzschbach@fulbright.com>
cc: "Kay Mann (E-mail)" <kay.mann@enron.com>

Subject: FW: CA Development I

-----Original Message-----
From: Thompson, Peter J.
Sent: Thursday, December 21, 2000 5:39 PM
To: Kay Mann (E-mail)
Cc: Kent. Shoemaker (E-mail); Lee. Johnson (E-mail); Pipitone, Paul;
Cobb, Chris
Subject: CA Development I

    Attached please find the most recent version of the CA Development I
Agreement and Exhibits as well as a blackline against the version
circulated on December 4.  I will be forwarding to Kay Mann the
execution copy that will incorporate both the agreement and exhibits
into one document, which will also include Exhibit H-2.
 <<CA Energy Development Agt - Comparison v. 2 to 4.DOC>>  <<CA
Development I Exhibits Comparison v 1 to 3.DOC>>  <<Exhibits to CA
Development I Energy Break-Out Agreement CISO1 12/15/00.DOC>>  <<break
out agreement for CIS01 (12/20/00).DOC>>


FYI -

Roger called today to inform us of a transmission capacity bottleneck at Palo Verde. Apparently, El Paso cannot take more than 50 mw into their system at Palo in any given hour; therefore, we will need to monitor El Paso's net schedule to ensure that it does not exceed this. This poses some obstacles and opportunities related to the lending agreement. If El Paso is taking a net of 50 mw in at PV, you'll need to procure energy at Four Corners or Greenlee or buy transmission  with SRP-PNM-TNP-APS-etc.to fill the lending short. Note: EPE will still deliver us energy at PV. Then enter a zero priced buy-resale in Enpower to get the energy from an alternate delivery point to PV.

This is how it should take place -
Day-Ahead
	Buy from El Paso at PV
	Sell to STSW at PV
Hour-Ahead
	Buy from Counterparty such as PNM, SRP, TNP, or APS at FC or Greenlee
	Buy-Resale from El Paso from FC or Greenlee to PV

Please let me know if you have questions.

Thanks,
Kate