Amoco Corporation, LLC v. Union Fire, L.P., 547 F.Supp. 1365, 1373 (D.D.C.1982), was withdrawn by the Washington Supreme Court on 11 May 1993. This is because the plaintiff had filed an action against a defunct subsidiary of Union Fire to recover damages in the amount of sums not authorized by the court, and the plaintiff had not succeeded in filing suit within the time provided by Internal Operating Engineers (“IOE”) regulations applicable to related industrial buildings. The case is consolidated here with the case before the Supreme Court of Michigan, No. LC-93-B, at 2-3. Statements According to the government’s deposition, the Complaint filed on June 9, 1993, is for recovery of federal but not State money damages for “personal injuries sustained in the direct proximate cause,” and costs from state contracts awarded against Union Fire. [FN1] The Complaint is also seeking relief for services performed by such parties as employees: “Petitioner B, Petitioner H, W, and Respondents AC, WCL, WPD, WP, LDO, WOT, WTR, and WVD”, the “aiding and abetting in the commission of or attempting to promote an unlawful or fraudulentLDL under Chapter 12 of the Connecticut General Statutes of 1954, Title 18 of the Revised Statutes of 1973.” [File] Subsequently, for damages not expressly authorized by State construction regulation, the parties entered into an agreement “not to enter into a right of action for the benefits of the Complaint until no other remedy is available.” Upon motion, that portion of the Complaint referred to section 13-8-5 (hereafter “Sec. 13-8-5”) “shall be severed and this complaint shall be deemed withdrawnwith the remaining provisions insofar as are consistent with the requirements of this title”; “nor shall there be a stipulation to this action, and further that dismissal is proper unless a proper complaint be filed with the court under ORS 23.193 (c).” See also (c) State Employees of the Union and the Complaint, dated December 2, 1999 (“Gov’s Answer”). However, this is before the Court, on August 4, 1995, upon motion made by the DOJ, to file into the record a statement of the allegations.
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[FN2] The DOJ has filed its ‘Resolution and Notice of Motion in Opposition to Defendants’ motion for summary judgment. Defendants’ cross-motion for summary judgment is noted at n 3 supra. The Court will not consider this. Regarding its “request is made that all claims against the Plaintiffs be stated in and before the Superior Court, for purposes of Plaintiffs’ Motions… (i) cause”, the DOJ said the Complaint can set forth “any allegations of breach of any contract or promise to enter into and continue all other contracts, obligations or sales agreements which this complaint be in truth intended to impose and which as to the extent they are or might be subject to enforcement by others, including its attorneys, and relating to acts of fraud, negligent misrepresentation, bad faith” (R.1101, 1020, 1052; C.R.4). For the reason stated in this statement of its “Answer …”: “The Complaint provides the Plaintiffs with no allegations of any negligence, fraud, misrepresentation, or fraud in relation to the Conduct, which are the product of the Plaintiff’s conduct. By seeking for fees pursuant to 29 U.S.C. 2257(f)(3), [sic] for services, it should be clear to this Court that the Complaint should not be used to bar any litigation on this record. It is further stated that it is concluded on the record, from this memorandum written in separate doc. No. 26, which is submitted to the Court and filed as a part of the Plaintiff’s Reply Brief, that the Complaint is without merit. REPRESENTATION OF A WORD It would appear, therefore, that a fact issue is presented as to whether or not the Defendant owes $10,000 (that is, $6,000) to Plaintiff KAM (“Damian”), DOP, and/or DOP itself. For the reasons stated in the following statement of the facts, Defendants have had the opportunity to pursue both sides of this case.
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