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US Statutes online Thanks Jon Roland Constitution.org

Sharon4Anderson — Mon, 05 Jan 2009 16:27:26 EST

Submitted for Research,Public Info, Educational

Statutes at Large Home Page: U.S. Congressional Documents

Statutes and Documents: Bills and Resolutions | Statutes at Large | American State Papers | U.S. Serial Set

Browse Statutes at Large
Browse Page Headings
Search this Title through the Collections Search Page

Note: The eighteen volumes presented in this online collection cover the laws of the first forty-three Congresses, 1789-1875. Statutes at Large

The United States Statutes at Large, commonly referred to as the Statutes at Large, is the official source for the laws and resolutions passed by Congress. Publication began in 1845 by the private firm of Little, Brown and Company under authority granted by a joint resolution of Congress. In 1874, Congress transferred the authority to publish the Statutes at Large to the Government Printing Office, which has been responsible for producing the set since that time.

Every law, public and private, ever enacted by the Congress is published in the Statutes at Large in order of the date of its passage. Until 1948, all treaties and international agreements approved by the Senate were also published in the set. In addition, the Statutes at Large includes the text of the Declaration of Independence, Articles of Confederation, the Constitution, amendments to the Constitution, treaties with Indians and foreign nations, and presidential proclamations.

We now have the complete set of U.S. Statutes at large from 1789 through
2007 online at http://www.constitution.org/uslaw/sal/sal.htm

.* The
files are PDF image-over-text and searchable. We have a local search
form on the page that will enable search through the entire set once
Google indexes it. To the best of our knowledge they are not available
anywhere else online, either on a government site or a university site.

Thanks for production and OCR of the PDF files is due to lawyer and
scholar Larry Becraft of Huntsville, Alabama.
______Larry Becraft - Google Search
* A little clean-up work remains on this page. We will add the 2008
Statutes at Large as soon as they are available. Note that Vols. 6-8 are
not a gap in the statutes, only in the volume numbering.

-- Jon

-------------------------------------------------------------------
Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757
512/299-5001 www.constitution.org jon.roland@constitution.org

Solicitor,MNBoard,McCain's,NYTimes Sullivan re: Iseman- Mistress

Sharon4Anderson — Mon, 05 Jan 2009 13:53:46 EST

You may freely redistribute this e-mail in its entirety. Subject:Top Legal Headlines - January 5, 2009Date:1/5/2009 12:29:46 P.M. Central Standard TimeFrom:topheadlines@info.legalminds.orgReply To: To:sharon4anderson@aol.comCC: BCC: Sent on:

Submitted for educational, study the pdf briefs and write your own

Sent from the Internet (Details) POLITICS

Obama Names Harvard Dean Solicitor General

Minn. Board Expected To Announce Al Franken Winner

LEGAL COMMENTARY

http://online.wsj.com/public/resources/documents/iseman.pdf

Hilden: The New York Times Is Sued for Insinuating that John McCain Recently Had a Mistress - How the Defamation Suit Is Likely to Play Out, and Why the Times Should Settle High times v. sullivan summary - Google Search

Politics make Strange Bedfellows 2009 Smoking Gun

Sharon4Anderson — Sun, 04 Jan 2009 13:07:55 EST

Link repeated: Sharon a Political "Junkie" Non-lawyer, Not a liar either, prudent for All Bloggers even Lawyers Minnesota Nice or Minnesota Mess?

Obama And That Other Ponzi Scheme - December 31, 2008

Richardson withdraws bid to be commerce secretary - twincities.com - Yahoo! Buzz

politics makes strange bedfellows - Google Search

Politics makes strange bedfellows. The New Dictionary of Cultural Literacy, Third Edition. 2002

Political interests can bring together people who otherwise have little in common. This saying is adapted from a line in the play The Tempest, by William Shakespeare: “Misery acquaints a man with strange bedfellows.” It is spoken by a man who has been shipwrecked and finds himself seeking shelter beside a sleeping monster.near v. minnesota 1931 - Google Search

Submitted to Affiant by FreedomLawSchoolGroup Rich Martin DFL

Obama And That Other Ponzi Scheme - December 31, 2008

Back to US Senate 08 found at www.mncourts.gov Lawyers Democracy Fund Motion Amicus Curiae

http://www.mncourts.gov/Documents/0/Public/Other/2008%20Elections/Amicus.pdf

is used in the context of E-mail E-Commerce Notification. Non-Profits involved in the Election Process in accordance with Title 26 501(c)3, Minnesota has 2 Jewish Candidates Frankin and Coleman, Al Franken Lawyer MN - Google Search Not sure if Franken is a Lawyer, Issue: Lawyer Coleman former DFL Mayor,US Senator, should also testify on his Vote in accordance with the 1 man 1 vote theoryOne Man One Vote - Google Search

Title 26 501c3 - Google Search Submitted for educational purposes, Voters who are PC,PDF literate, should also file Letter Briefs.???

Suppressed EvidenceLisaFoster case heard by Canvass Board Member Judge Ed Cleary, http://forums.e-democracy.org/groups/stpaul-issues/files/f/900-2007-02-27T034409Z/WritProA06-1150_30Jun06.pdf

Submitted to Ramsey County Canvass Shari.moore@ci.stpaul.mn.us City Clerk now in the Legislative Branch who by the delegation of Power of St. Paul Mayor Chris Coleman in the Executive Branch gave his Canvass Board Seat Away?

http://forums.e-democracy.org/groups/stpaul-issues/files/f/1412-2007-04-15T191746Z/ApplBlog5Apr07_71.pdf

Sharons Sample Briefs SHARON-MN-ECF: FOIA-06cv-PERMISSION TO INVESTIGAGE,COPY,CIRCULATE

5Jan09 CourtCalendar_Alice Krengel_Canvass 08Senate_pdf briefs

Sharon4Anderson — Wed, 31 Dec 2008 18:04:40 EST

HAPPY NEW YEAR 2009 QUESTIONS:

May it please the MN & US Court's and Alliance MN Separation of Powers Doctrine How can a fair,impartial canvass, when the Board Judges are in two branchs of government at the same time, re: Krengel Public Nuisance and US Senate08

Apparantly the Lawyer Judges on the State Canvass Board in the Executive Branch have also scheduled EnBanc Oral Argument in the Judicial Branch

By info and belief the www.mncourts.gov and US Supreme Court Supreme Court of the United States have serious Election Questions Jan09.

Calendar Alice Krengel: Alice Krengel EnBanc Mon5Jan09 A07-310MN Supreme Court Public Nuisance Laws also found via Google re: Briggs and Morgan Summary http://www.briggs.com/files/upload/CourtWatch11.2008.pdfWe the Public must Intervene as the Attorney General refuse's on Constitutionality.609.74, Minnesota Statutes 2007 1) Eminent Domain: Public Use
http://www.house.leg.state.mn.us/hrd/issinfo/clssemntdom.htm
2) Eminent Domain: Just Compensation
http://www.house.leg.state.mn.us/hrd/issinfo/clssedjust.htm

and Minnesota Senate Seat ’08 Election News results for MN Canvass Board
RTT News After Unofficial Tally, Senator Trails Rival in Minnesota Race - 20 hours ago
By MICHAEL FALCONE Al Franken’s narrow lead in the race for a Senate seat from Minnesota grew slightly on Tuesday, as the State Canvassing Board completed ...New York Times - 641 related articles »

http://www.mncourts.gov /Documents/0/Public/Calendars/January_2009.pdf

EN BANC CALENDAR

Before the Minnesota Supreme Court

January 2009
SUMMARY OF ISSUES

Summaries prepared by the Supreme Court Commissioner’s Office

Monday, January 5, 2009, 9:00 a.m.
Supreme Court Courtroom, State Capitol
City of West St. Paul, Appellant vs. Alice Jane Krengel, Respondent – Case No. A07-310 Memorandum of Law found at
MN Canvas
JESUS Delivers Food Ministry * St. Paul * MN * 651 439 8342 s Board - Google SearchAlice Krengel - Google Search
Minnesota Senate Seat ’08 Election http://www.mncourts.gov/Documents/0/Public/Other/2008%20Elections/Motion_for_Emergency_Order_12.31.08.pdf
Sample Briefs us supreme court obama - Google Search
Hollister v. Barry Soetoro aka Barack Hussein Obamahttp://www.obamacrimes.info/Copy%20of%20ComplaintSoetoroInterpleader122708.pdf
http://www.obamacrimes.info/Copy%20of%20ComplaintSoetoroInterpleader122708.pdf
Sharon Anderson and Bill Dahn Disclaimers: We have Standing re: http://alicekrengel.blogspot.com http://billdahn.blogspot.com and as Candidates Voters Taxpayers have standing in the Senate08 Election

Courageous Constitutional Women_Coulter_Dr.Orly et al

Sharon4Anderson — Wed, 31 Dec 2008 12:14:33 EST

Affiant Sharon Anderson with Standing to Challenge the Minnesota State Primary 9Sept08_ (64A) to be filled 4Nov08 Elections, Sharon voted Absentee and by pdf format ie: Electronically was denied a Presidential Primary, did vote pdf 4Nov08, If US Senate 08 Absentee Ballots are thrown Olmstead v US 277US438(1928)out the entire Ballot must be tossed:If Government become the Lawbreaker and these ballots do NOT DECEND TO PARTICULARS us v. cruikshank - Google Search and for educational purposes to Notify the State of Minnesota,Minnesota State Constitution Electorate, Governor,Legislature,Canvass Boards,MN Supreme CourtMinnesota Constitution: Article III, all Voters and Candidates on this New Years Eve

of yet another US Supreme Court filingshttp://www.obamacrimes.info/Copy%20of%20ComplaintSoetoroInterpleader122708.pdf objecting to Obamas Qualifications taken from http://www.americasright.com/ must also relate Dr. Orlys Urgent letter to Congress Author Ann Coulters_Guilty and 3rd Another A Natural Born Citizen...Orly?: Open letter to Member of Congress

Dr. Orly's YouTube ChannelMonday, December 29, 2008 Open letter to Member of Congress URGENT REQUEST FOR ACTION – TO PRESERVE OUR CONSTITUTION

Dear Member of the U.S. Congress;

On January 8th, 2009, you will be meeting in a joint session of Congress in order to perform the final step of COUNTING and CONFIRMING the electoral votes for the President of the United States (POTUS).

This urgent letter is a request by your (and Mr. Obama’s) employers, We The People, for you to submit an OBJECTION to those votes being counted due to the Constitutional INELIGIBILITY of Barack Hussein Obama, Jr. to serve as POTUS:

1. No proof that he was born on U.S. sovereign territory, as required by Article II of the U.S. Constitution (the posting of his forged & fraudulent Certification of Live Birth (C.O.L.B.) only proves fraud – and that he’s INELIGIBLE;

2. No proof that he ever applied for U.S. citizenship, when reaching the age of majority, following his years as a citizen of Indonesia (this would make him ‘naturalized’, and therefore INELIGIBLE);

3. No proof that he was born of two parents of U.S. citizenship, with both owing allegiance to and being under the jurisdiction of the U.S., as required by law and/or the Constitution, in order to be a ‘natural-born citizen’. (actually he has freely admitted the opposite to be true, and therefore INELIGIBLE);

4. No proof that he was authorized, as a ‘natural-born U.S. citizen’ with a U.S. Passport, to travel to Pakistan in 1981 (he could not by law), or that he re-applied for ‘naturalized’ U.S. citizenship on his return, which would also make him INELIGIBLE;

5. No certified proof that he registered for the draft/Selective Service between the ages of 18 and 26, as required by law, thereby rendering him ineligible, by law, for employment in the Executive Branch of our government, and therefore INELIGIBLE for POTUS. (NOTE: over a year of multiple FOIA requests produced a forged and blatantly fraudulent Selective Service Registration form that should be cause for indictments and arrests);

6. No proof that he is, in fact, not an illegal alien, and therefore subject to the same penalties that would befall all illegal aliens in his situation. Therefore, INELIGIBLE;

Constructive Knowledge would inform and confirm to all who have examined the facts of this collossal fraud being perpetrated upon We The People of America (see www.DrOrly.Blogspot.com – ‘Open Letter to C.J. Roberts’) that confirming the electoral votes and thereby furthering the act of installing Mr. Obama as POTUS could possibly be construed as failure to honor one’s oath of office.

Therefore, we are calling on you, as a member of Congress, sworn to uphold, protect, and defend that Constitution, to OBJECT to the counting and confirmation of those electoral votes until proof of his eligibility or ineligibility can be determined, and to call for indictments in regard to any and all alleged violations of U.S. laws and one’s sworn oath.

Please let us know if you intend to stand with We The People in this epic battle to defend and preserve our Constitution. Our Nation can survive four years of any President. It cannot survive without a Constitution.

Sincerely;

We The People of the United States of America

Please advise of your INTENT TO OBJECT to Doctor.Taitz@gmail.com

Note: Do not use this email address if you are not a member of Congress
RSS DrOrlyTV Dr. Orly Taitz
If you want to contact me, send me an email at dr_taitz@yahoo.com.

Best-selling author Ann Coulter hopes

Ann Coulter: Liberals are hoodwinking youSharon is not a Liar or Lawyer, Loves reading legal Constitutional Briefs, specifically US Supreme CourtBerg files new challenge to eligibilitynow titled Gregory S. Hollister with standing to follow any order of Soetoro aka Obama?

Philip Berg's earlier case and a request for an injunction in the case are scheduled for conferences with the justices on Jan. 9 and Jan. 16.

The new case, filed with co-counsel Lawrence J. Joyce, was submitted to U.S. District Court in Washington, D.C., and names as defendant "Barry Soetoro a/k/a Obama."

It demands to know Obama's real name and his constitutional qualifications to occupy the Oval Office. The plaintiff is Gregory S. Hollister, a resident of Colorado Springs, who has "standing" and "needs a decision so he knows whether or not to follow any order of Soetoro a/k/a Obama."

Submitted in Good Faith for Election Reform, Integrity for the Public's Right to Know, MN Canvass Board to challenge Ballots without evidentiary hearing of the Author of the Ballot is Constitutionally Unacceptable.in other words, these Canvass Judges ie: Lawyers except Sec. State Mark Ritchie, are implementing their own opinions without coming face to face with the Author of the Ballots, ie: Voter. techinally a copyright violations? by these Judges?

PS Are you aware Obama-Biden-Hillary_Coulter_Orly_Berg are all LAWYERS

Jon Rolands Vote @change.gov_President Elect Obama

Sharon4Anderson — Tue, 30 Dec 2008 09:48:54 EST

Dear Sharon Please go to http://change.gov and sign in to submit and vote on questions, especially those submitted by me. I don't know if this will have much impact, but it could, and we need to take advantage of every opportunity to defend the Constitution. You can find my questions by searching on my name or on "constitution". Please spread this message to other forums. -- Jon ------------------------------------------------------------------- Constitution Society 2900 W Anderson Ln C-200-322, Austin, TX 78757 512/299-5001 www.constitution.org jon.roland@constitution.org

------------------------------------------------------------------- Change.gov: The Obama-Biden Transition Team

The BlogMonday, December 29, 2008 1:01 pm ESTOpen for Questions: Round twoToday, we're rolling out a new round of our Open for Questions feature. read more... Thursday, December 25, 2008 9:52 am ESTHappy Holidays!For many people, this holiday season comes at a time of great hardship, but also of great hope: that we can come together as a nation and serve one another. read more... Wednesday, December 24, 2008 10:00 am ESTA season of giving, a sense of common purposeIn this week's weekly address, President-elect Barack Obama calls on Americans to honor our service men and women and to think of those Americans being hurt by our sluggish economy. read more... Tuesday, December 23, 2008 12:44 pm ESTBiden meets with top economic advisorsVice President-elect Joe Biden made the case for a bold economic recovery package in a meeting in Washington this morning with the Obama-Biden administration's top economic advisors. read more... Tuesday, December 23, 2008 10:23 am ESTVice President-elect Biden to lead briefing on economic recovery packageVice President-elect Biden is in Washington today to be briefed by Larry Summers, Director of the National Economic Council, and other White House economic advisors on new economic developments and the upcoming economic recovery package. read more... Monday, December 22, 2008 4:26 pm ESTVice President-elect Biden hones in on the middle classVice President-elect Biden discusses his plans as chair of the President-elect’s ‘White House Task Force on Working Families.’ read more... More from the blogPress ReleasesWednesday, December 24, 2008Weekly Democratic Address: President-elect Obama delivers holiday greeting Tuesday, December 23, 2008Transition team releases review of contacts Tuesday, December 23, 2008President-elect Barack Obama announces key members of National Security Team More Press ReleasesOpen Government

To change this country, we're counting on Americans from every walk of life to get involved. Tell us how an experience in your life showed you something that is right or something that is wrong with this country -- and share your ideas for how to make it better.

Upcoming Events

Bloggers_WorldnetDaily_NetRightDaily_8thCir.Common Stock

Sharon4Anderson — Tue, 30 Dec 2008 09:33:02 EST

May it Please AllianceMN Sharon must share her numerous e-mails of info. today 3 are Relevant, check the links on Blogs.

Regardless of Political Affiliations, this Political Junkie HaHa is rather well read an informed For the New Year

Dear Sharon:

Thanks again for reading WorldNetDaily – the Internet's premiere independent news website. Following is a message we believe will interest you. As always, we appreciate your readership and support Sincerely,The WorldNetDaily team Author of Born Liberal, Raised Right'

Downsizing the Federal Government vernment: Great video from CATO about the growth and expansion of the Federal Government.
Could Senate seat Franken before he's certified as winner?With GOP Sen. Norm Coleman’s campaign signaling it will contest the results of the Minnesota Senate race , it appears that Minnesota will be without two senators as the 111th Congress convenes next month.
Where is the Bailout Money Going?Congressman Ron Paul is on Neil Cavuto discussing where the bailout money is going.
No. 3 of course 8th Cir. Opinions Affirming Judge JoanLancaster Erickson

CIVIL PROCEDURE, CONTRACTS, CORPORATION & ENTERPRISE LAW, SECURITIES LAW
Abbotts v. Campbell, No. 08-1349
Participants in a Common Stock Purchase Agreement failed to show that the nondisclosure of a waiver of certain provisions of that Agreement was a proximate cause of their investment losses. The investors also failed to show that they exercised reasonable diligence warranting equitable tolling of the six-year statute of limitations specified by Minnesota Statute section 541.05. Read more...

Educational pdf format Findlaw,http://caselaw.lp.findlaw.com/data2/circs/8th/081349p.pdf

If you can't open get a password & pagesUnited States Court of Appeals

FOR THE EIGHTH CIRCUIT___________

No. 08-1349

___________

Glenn D. Abbotts; Steven Beigel; *

Alyn Bell; Michael Cetta; Andrew R. *

Cherna; Richard Cooper; Stewart W. *

Evey; Timothy J. Hanratty; F. Scott *

Jackson; Jeffrey Kaufman; Anis *

Keywood; Gerald Moreland; James T. *

Reilley; Rick Starr, Sean L. Sullivan; * Appeal from the United States

James J. Walsh, * District Court for the

* District of Minnesota.

Appellants, *

v. **

Caldwell Campbell, Esq.; Rowland W. *

Day, II, Esq.; Day & Campbell, L.L.P., *

Appellees. *

___________

Submitted: November 12, 2008

Filed: December 29, 2008

___________

Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

___________

WOLLMAN, Circuit Judge.

1Judge Joan N. Ericksen, United States District Judge for the District of

Minnesota.

-2-

Sixteen individual investors (Investors) appeal the district court’s1 grant of

summary judgment in favor of Cadwell Campbell, Rowland Day, and Day &

Campbell, L.L.P. (collectively, Defendants). We affirm.

On July 16, 1992, Day sent a “Dear Potential Investor” letter to the Investors,

enclosing the Common Stock Purchase Agreement (CSPA) for International Gaming

Management (IGM), business documents related to IGM, an Investor Suitability

Questionnaire, and the signature page for the CSPA. The letter explained the

documents and the income/net worth requirements for investing in IGM. The letter

specifically noted that the investment was “a high risk investment” and that “each

investor could lose the entire amount of his investment.” Each Investor complied with

the letter’s requirements and purchased a minimum of 20,000 shares of IGM for $1.50

each.

As explained in Day’s letter, the shares purchased by the Investors under the

CSPA were not registered with the Securities and Exchange Commission (SEC) and

would not be freely tradeable until so registered. Day explained that under SEC Rule

144, the Investors typically would have to hold the shares for two years before

attempting to sell the stock, but that he had negotiated with IGM to allow his law firm,

Day & Campbell, to immediately register the stock on behalf of the Investors. This

would allow the Investors to sell prior to the expiration of the two-year period. Day

stated that “[t]he registration process could take approximately 180 days to be

completed.” The Investors were also permitted to sell their shares prior to registration

by complying with the requirements of the CSPA and SEC Regulation S. Regulation

S would likely result in a significantly discounted price and would require the

-3-

potential seller to obtain an opinion of counsel that the sale was exempt from

registration requirements.

Day was unable to register the shares as promised. On April 30, 1993, IGM

asked its outside counsel, Dorsey & Whitney, to prepare a registration statement. On

July 15, 1993, IGM’s president wrote to all CSPA investors, advising them that the

registration statement had been filed and that IGM expected the stock to become

freely tradeable within forty to ninety days. The SEC, however, did not accept IGM’s

registration statement, following which IGM eventually abandoned its efforts to

register the CSPA stock because the two-year holding period under Rule 144 was

nearing expiration.

Meanwhile, Day negotiated an agreement with IGM on behalf of the CSPA

investors. Pursuant to this agreement, IGM would waive certain provisions of the

CSPA, thereby removing some of the impediments to complete a Regulation S sale.

Day & Campbell did not advise any of the CSPA investors of this waiver, and

although Day claims to have verbally communicated the waiver’s existence to two of

the Investors, both deny such communication. On the day that the waiver went into

effect, July 2, 1993, Day attempted to sell 200,000 CSPA shares. The sale was not

completed, however, because Dorsey & Whitney refused to provide the necessary

opinion of counsel. The law firm permitted Day to seek the opinion from other

counsel, but Day made no effort to do so.

During the time that Dorsey & Whitney attempted to register the shares and

Day negotiated the waiver, IGM’s share price was at its highest level, trading at

approximately $10 per share. By early 1994, however, IGM was in significant

financial distress. On July 28, 1994, federal and state authorities executed a search

warrant and seized documents from IGM’s office pursuant to a criminal investigation

of several IGM executives. The following day, share prices for IGM dropped

substantially, leading to the suspension of trading of IGM stock. IGM later failed,

rendering its stock worthless.

2Mark Kallenbach is the Investors’ counsel and was an officer and member of

the board of directors of IGM until 1992. After IGM failed in 1994, Kallenbach was

appointed to IGM’s board and attempted to salvage parts of IGM’s business.

-4-

In 2000, the government returned all of IGM’s seized documents to Mark

Kallenbach,2 who was involved in litigation against IGM executives. While reviewing

the documents in connection with that litigation, Kallenbach discovered the waiver.

Kallenbach sued Defendants based on the undisclosed waiver on behalf of himself and

his wife. His case was settled in 2003.

Eleven years after the failure of IGM and after settling his own suit against

Defendants, Mark Kallenbach wrote to the Investors about potential claims that they

may have against Campbell and Day based on the undisclosed waiver. Nineteen

CSPA investors responded to Kallenbach’s letter and in March 2006 filed suit in

Minnesota state court against Campbell and Day and their law firm for breach of

fiduciary duty, negligent omission, attorney malpractice, and front running.

Defendants removed the case to federal court on the basis of diversity jurisdiction.

Two Investors dismissed their claims after acknowledging that they had signed a

release in favor of Day & Campbell in the settlement of a related case, and one

Investor dropped out of the case. The remaining sixteen Investors filed cross-motions

for summary judgment.

The district court denied the Investors’ motion for summary judgment and

granted Defendants’ motion, holding that the statute of limitations on the Investors’

claims had expired and equitable tolling was not warranted as a matter of law. The

court also concluded that the Investors had not presented sufficient evidence that

Defendants’ failure to inform them of the waiver was a proximate cause of their

investment losses. It is from this judgment that the Investors now appeal.

-5-

II.

The Investors concede that the six-year statute of limitations under Minnesota

Statute § 541.05 has expired. They argue, however, that the period should be tolled

because Defendants fraudulently concealed the waiver. Additionally, they argue that

there was sufficient evidence to survive summary judgment that the concealment was

the proximate cause of their losses.

We review the district court’s grant of summary judgment de novo. Barry v.

Barry, 78 F.3d 375, 379 (8th Cir. 1996). Summary judgment is appropriate if the

evidence on file “show[s] that there is no genuine issue as to any material fact and that

the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c). The

movant bears the burden of making this showing. Celotex Corp. v. Catrett, 477 U.S.

317, 323 (1986). The party opposing the motion “must set forth specific facts

showing that there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477

U.S. 242, 256 (1986). Although the evidence must be viewed in the light most

favorable to the nonmovant, id. at 255, mere speculation is not enough to avoid

summary judgment. Gregory v. Rogers, 974 F.2d 1006, 1010 (8th Cir. 1992).

The Investors have not shown that they exercised reasonable diligence

warranting equitable tolling of the statute of limitations period. Minnesota does not

apply a discovery rule to any of the Investor’s claims, but rather applies “the damage

rule of accrual, under which the cause of action accrues and the statute of limitations

begins to run when some damage has occurred as a result of the alleged malpractice.”

Antone v. Mirviss, 720 N.W.2d 331, 335-36 (Minn. 2006) (citing Herrmann v.

McMenomy & Severson, 590 N.W.2d 641, 643 (Minn. 1999)) (internal quotations

omitted). Because the Investors suffered their financial loss in July 1994, the statute

of limitations began to run at this time.

-6-

Minnesota does, however, apply the discovery rule to allegations of fraud.

Barry, 78 F.3d at 379-80. For fraud claims, “the six year limitations period begins to

run when a plaintiff knew or should have known of the fraud.” Id. In such cases,

“the plaintiff bears the burden of proving that she could not, through reasonable

diligence, have discovered the facts constituting the fraud until within six years of the

commencement of the action.” Id. at 380 (citing Blegen v. Monarch Life Ins. Co., 365

N.W.2d 356, 357 (Minn. Ct. App. 1985). Further, fraudulent concealment of

information material to a non-fraud claim will toll a limitations period. Cohen v.

Appert, 463 N.W.2d 787, 790 (Minn. Ct. App. 1990). Likewise, the doctrine of

fraudulent concealment “only tolls the limitations period until the concealment is or

could have been discovered through reasonable diligence.” Id. at 790-91 (citing Wild

v. Rarig, 234 N.W.2d 775, 795 (Minn. 1975)). The party relying on the doctrine must

show that its own negligence did not contribute to the delay in discovery. Cohen, 463

N.W.2d at 791.

Following IGM’s collapse in July 1994, the Investors made no effort to obtain

the documents seized by the government to investigate the reason for IGM’s failure.

The Investors simply state that they could not have discovered the waiver because it

was in government custody. The record shows, however, that access was granted to

Daniel T. Zacharias after he explained that he hoped to rehabilitate IGM. Although

Zacharias’s access was limited because the government was preparing its case, there

is no indication that the government would have denied access to the Investors or that

it would not have provided the documents upon completion of its case. The Investors

knew that Defendants failed to register their shares as promised and that this prevented

them from selling their shares for a profit. They also knew that something was

drastically wrong when the FBI raided IGM. Yet, the Investors sought no recourse

from Defendants. Following the complete loss of their investment in IGM, the

Investors have largely lost or discarded their documents relating to their investment

and have written off the losses they incurred.

-7-

As the district court noted, it appears that the Investors gave no thought to IGM

until an attorney’s solicitation letter touting a previous success arrived eleven years

after the loss. The record reflects indifference and opportunism rather than reasonable

diligence. “Statutes of limitation serve a general purpose of repose, the interest of

both the defendant and society in freedom from stale claims.” Bartlett v. Miller &

Schroeder Muns., Inc., 355 N.W.2d 435, 439 (Minn. App. 1984). The interests of

justice do not require the tolling of the limitations period in this instance. See id.

Additionally, the Investors “have failed to present specific facts giving rise to

a genuine issue for trial as to the causal connection” between their losses and the

nondisclosure of the waiver. Lubbers v. Anderson, 539 N.W.2d 398, 401 (Minn.

1995). Although proximate cause is generally a fact question for the jury, “where

reasonable minds can arrive at only one conclusion, proximate cause is a question of

law.” Lubbers, 539 N.W.2d at 402 (quoting Warnick v. Moss & Barnett, 490 N.W.2d

108, 113 (Minn. 1993)). The Investors’ proximate cause argument rests on the bald

assertion that they would have sold their shares if they had known of the waiver. That

one can look back with the knowledge of fluctuating stock prices and the impending

failure of the company and say that he would have sold at a particular time is simply

too self-serving and speculative to form the foundation of a causal connection. The

record, including the Investor’s expert testimony, does “nothing more than show a

mere possibility, suspicion, or conjecture that such a causal connection exists, without

any foundation for the exclusion of other admittedly possible causes,” and thus

“provides no proper foundation for a finding of a causal connection.” Bernloehr v.

Central Livestock Order Buying Co., 208 N.W.2d 753, 755 (Minn. 1973).

The Investors’ claims do not merit equitable tolling and the Investors have

failed to present sufficient evidence of causation. Accordingly, the district court’s

judgment is affirmed.

____________________Sharons Disclaimer __________Sharon4Anderson@aol.com ECF_P165913_sa1299 political ?(Sharon4Anderson?)
Alliance for a Better Minnesota | Sharon Anderson's Blog Click here: Sharon4Council file4[1]Shar_thune_22.pdf - Google Docs
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ABM Release: Coleman Should Return Swindler's Dough

Denise Cardinal — Mon, 29 Dec 2008 14:33:07 EST

read our release below:

Alliance for a Better Minnesota Asks Coleman to Refund Toussie Funds

Bush Recanted Planned Pardon of Swindler,
Father Maxed Out to Coleman Re-Election

Saint Paul, Minn. -- Alliance for a Better Minnesota (ABM) a grassroots lobbying and online organizing group that works with progressive groups, requested today that U.S. Senator Norm Coleman refund the $4,600 his campaign received from Robert Toussie, the father of convicted swindler Isaac R. Toussie who ran a scheme funneling funds from working-class homeowners in New York state, and his wife. Both father and son were named in a class action suit filed on behalf of homeowners who lost hundreds of thousands of dollars.

Isaac Toussie has entered the news lately because he is the only person in recent history known to have been pardoned by a President -- and then un-pardoned. News reports indicate that President Bush decided against the recommendation to pardon Isaac Toussie when the severity of his crimes came to light.

“At a time when most people are trying to hold on to everything they have, we need our elected officials to take our side,” said Denise Cardinal, Executive Director of Alliance for a Better Minnesota. “Clearly, the Toussie family is not on the side of working Americans, and the funds donated to Senator Coleman from Robert Toussie may have come from questionable sources. We’re asking the Senator to return those funds.”

The news about Toussie’s donation to Coleman comes on the heels of other news reports state that Coleman will be using funds raised for his re-election campaign to pay for legal fees associated with a reported ongoing FBI investigation and lawsuit. The lawsuit, filed in Texas, states that Coleman’s friend Nasser Kazeminy funneled $75,000 to Coleman through the Senator’s wife. ABM has asked the FEC to look into the matter.

Copies of the letter ABM sent to the Senator’s office and the FEC can be found at: www.allianceminnesota.org

ABM is also providing Minnesotans the chance to sign a petition to show the FBI and the Senate Select Committee on Ethics support for the investigation by visiting: http://pnmn.bluestatedigital.com/page/petition/Investigatenorm

####

ABM's Letter Asking for Coleman to Return Toussie Funds

Denise Cardinal — Mon, 29 Dec 2008 14:25:41 EST

Read it here, or below:

Office of Senator Norm Coleman

2550 University Ave W

Suite 100N

St. Paul, MN 55114

To Senator Norm Coleman:

It has recently been reported that your campaign has received $4,600 from Robert Toussie and his wife in contributions.

Recent news reports of the Toussie family’s involvement in a housing scheme that swindled hundreds of thousands of dollars from hard-working people in New York state has brought the campaign contributions into question.

Other news reports from last week show President Bush took the unprecedented move of rescinding a pardon for Isaac Toussie, Robert’s son, because the crimes were so onerous.

With these revelations, we respectfully ask you to return the campaign contributions made by the Toussie family to your reelection effort.

Thank you,

Denise Cardinal

Alliance for a Better Minnesota

1600 University Ave. W. Suit 309B

Saint Paul, MN 55104

David Brauer's Post on Coleman/Toussie Funds

Denise Cardinal — Mon, 29 Dec 2008 14:11:39 EST

Read about it here:

http://www.minnpost.com/braublog/2008/12/25/5537/bush_pardon_donor_gave_4600_to_coleman

Balloons,Ballots,Birth,Cavet Emptor,BuyerBeware

Sharon4Anderson — Sun, 28 Dec 2008 11:16:06 EST

Supreme Court of the United States

Basicall Recent DecisionsPlease note that the Supreme Court Building will be closed on December 26, 2008, January 2, 2009, and January 20, 2009. > Docket > Oral Arguments Supreme Court Calendar (PDF) Argument Calendars > Links

y Reading Abstracts,Realestate,Titles, pdf Court Documents, in this high tech age, US Supreme Court Documents to hold precedant must be highly published,circulated for the Public.

us supreme court docket - Google Search

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Sharons Yahoo Buzz

Sharon4Anderson — Fri, 26 Dec 2008 12:41:46 EST

Happy Safe,Security,Sane New Year: 2009 pdf Documents are Prime. Sharons Buzz Avatar Fun Huh

Submitted for Educational Purposes,

Cursory Reads Newspapers:Click here: Shar1058's Buzz Activity Page - My Buzz Activity - Yahoo! Buzz Re Buzz Activity http://sharonsyahoobuzz.blogspot.com
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member Chicago's GreyLord Please Post and thanks to Pete's Farms re: MN Senate 08 ElectionsMinnesota Court Reform 2 RockYou.SA AllianceBMN | Sharon Anderson's Blog

Title 26 501c3, to consolidate favorite's

Land Pollution re:AdvShoring,LeslieDavis,CitySt.Paul,LoriSwanson AG_MN

Sharon4Anderson — Wed, 24 Dec 2008 17:00:47 EST

Pristine Holidays, MIss DFL AG Match, its a shame Lori has not continued the Works of the Attorney Generals OfficeYouTube - Impact Of Tourism On MN Environment-Governor Candidates

Subscribe Unsubscribe EnvisionMN
October 17, 2006
(more info) (less info) Want to Subscribe?
Sign in to YouTube now! Sign in with your Google Account! Should state dollars be spent to encourage etha... Should state dollars be spent to encourage ethanol production?
This is from a program co-produced by Envision Minnesota and TPT. This and other questions about the environment were put to DFL Candidate Mike Hatch, Independent Party Candidate Peter Hutchinson and Republican Governor Tim Pawlenty Category: News & Politics
Tags: Minnesota MN Governor Hatch Pawlenty Hutchinson Tourism Environment URL Embed Customize

In keeping with Environmental Issues Conflicting Cases , WE MUST HAVE UNIFORMITY, RULE OF LAW,DUE PROCESS TO ALL. Gearin also on currant Canvass. contrary to MN Const. Art.III Separation of Powers.

www.mncourts.gov,with Unpublished_Retired Judges denying due process to any all ProSe Litigants by Bonding Indebtness Court of Appeals Unpublished Opinions same day Published Opinions Court of Appeals Published Opinions

A07-2206        Port Authority of the City of St. Paul, petitioner,
                        Respondent, vs. RLR, Inc., et al., Defendants;
                        Insurance Auto Auctions, Inc., Appellant.
                        Ramsey County District Court, Hon. Kathleen R. Gearin.
            To satisfy the requirement in Minn. Stat. § 117.041, subd. 2(a)(1) (2006), that it has reason to believe that acquisition of property may be required pursuant to eminent-domain proceedings, a political subdivision must identify a public use or public purpose for which the property could be acquired in eminent-domain proceedings.
            Reversed. Judge Randolph W. Peterson.

23rDec08 Tues

15.       A08-62
            Leslie Davis pro se Appellant, vs. Hennepin County, Respondent.
            Affirmed. Judge David Minge.http://mncourts.gov/opinions/coa/current/opa080062-1223.pdf

Appellant initiated a declaratory judgment action pursuant to the Minnesota Environmental Policy Act to challenge the adequacy of an environmental impact

Document

City Council Meeting Jump To...CONSENT AGENDA (Items 1 - 19) ORDINANCES 20. Final Adoption - 08-1276 - An ordinance deleting Chapter 35 of the Saint Paul Legislative Code to eliminate obsolete language. [Public hearing held, closed, and laid over from December 3 for continuation of third reading] (GS 3063295) 21. Final Adoption - 08-1277 - An ordinance amending Chapter 40 of the Saint Paul Legislative Code by adding failure by a property owner to advise tenants of contract for deed cancellations or notice of mortgage foreclosures as a cause for revocation of th 22. Final Adoption - 08-1278 - An ordinance creating Chapter 53 of the Saint Paul Legislative Code requiring residential property owners to advise current and prospective tenants of contract for deed cancellations or notice of mortgage foreclosures. [Subst 23. Second Reading - 08-1372 - An ordinance amending Chapter 166.09.01 of the Saint Paul Legislative Code to allow residents at 223, 225, 227, and 229 Eagle Parkway to be included in Residential Permit Parking Area 13. (GS 3064658) 24. Resolution - 05-143 - Approving the petition of Lyman Properties, LLC to vacate a portion of Batavia Street in order to create 15 homesites. [File 16-2004] (GS 3024995) (Laid over indefinitely February 16, 2005)
Having trouble?
24. Resolution - 05-143 - Approving the petition of Lyman Properties, LLC to vacate a portion of Batavia Street in order to create 15 homesites. [File 16-2004] (GS 3024995) (Laid over indefinitely February 16, 2005)
he City Agenda watch the Video

re John FinleyI Complaint John T. Finley, Ramsey County Distri is Bizzare 42 USC 3631

Civil Rights Division Home Page

Then we go to Lori Swanson MN Monthly - Google Search

Ellen Anderson,Sharon Anderson_Environmental Water Concerns

Sharon4Anderson — Mon, 22 Dec 2008 13:28:22 EST

Voice for you or Conflict of Interest? Environmental Concern of Sharon Scarrella Anderson ownership of Buck Lake,Gun Lake Propertys Sen. Ellen Anderson, MN district 66 Click here: Four named to council | International Falls Daily Journal

Ellen Anderson apparantly authored the Constitutional amendment,raising our taxes, then appointed to the oversight committee apparant Conflict?

Do not forget she is Andy Dawkins wife, Defendant in the previous post.This Blogger has had major problems with the DFL Judiciary up north, her Aitkin Property near a Gravel Pit, Hazardus Waste Dump, Indian Buriel Grounds, Pollution of GunLake,"taking" of Sharons Road for Greed, Ingress-Egress to overbuild contrary to http://www.co.aitkin.mn.us/ordinances/Shoreland-Ord-2008-Amend.pdf

Wilful neglience to Quiet Title to the Gun Lake Property, Buck Lake Propertys re: http://sharonvaitkin.blogspot.com

For Public Education Title 26 501 c3Shutting off Sharons Water re: www.sharonanderson.org unabated by Public Officials, re:Environmental groups sue over EPA mining rule

Earthjustice: Environmental Law: Because the Earth Needs a Good Lawyer

http://www.earthjustice.org/library/legal_docs/sbz-rule-final-complaint-12-19.pdf

By the Grace of God, Turbulence of Nature, Request for All Bloggers,Reporters, Whistleblowers for help before another Death occurs.SlideShare » Sharon4anderson's Slidespace (SlideShare is the best place to share powerpoint presentations) 5 (5 public) Slideshows 1058 Warrant 34 1 day ago
28 views, 0 comments Aitkin Ans0332 27 1 day ago
21 views, 0 comments Copaitkbgs 1 day ago
24 views, 0 comments Four name

d to councilSlideShare » Sharon4anderson's Slidespace (SlideShare is the best place to share powerpoint presentations)December 5, 2008 - 9:54am — Journal Staff Filed under:

Saxhaug to serve as outreach ambassador

Minnesota State Senate Majority Leader Larry Pogemiller, DFL-Minneapolis, last week announced the appointments of Lester Bensch, Michael Kilgore, Sen. Ellen Anderson, DFL-St. Paul, and Sen. Bill Ingebrigtsen, GOP-Alexandria, to the Lessard Outdoor Heritage Council.

The 12 member council will recommend how to use the newly created Outdoor Heritage Fund, a constitutionally dedicated revenue source to be used to benefit Minnesota’s outdoors. The council met for the first time Monday, and will provide guidance and recommendations to the Legislature.
The Outdoor Heritage Fund and Council were created by the passage of the "The Clean Water, Land and Legacy Amendment” in November.

The council is named in honor of former state Senator Bob Lessard, DFL-International Falls, who championed the issue during his time at the legislature and after he left in 2002. The council will examine projects throughout the state and provide its recommendations to the legislature by April 1.
In addition to the members named to the council, Sen. Majority Leader Pogemiller has designated two Senators as outreach ambassadors to communities with interest: Sen. Satveer Chaudhary, DFL-Fridley, for hunting and fishing, and Sen. Tom Saxhaug, DFL-Grand Rapids, for forestry.