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RE: Wuterich



Actually, I guess this should be a Rule 36A letter.  In any event, I'll
draft one up tonight and circulate it.  The case will almost certainly be
conferenced tomorrow a.m., so we'll  have to get the letter in NLT first
thing in the a.m. for it to even potentially matter.

Semper Fi,
DHS

-----Original Message-----
From: Sullivan, Dwight H CIV USAF AFLOA/JAJA 
Sent: Wednesday, March 30, 2011 2:53 PM
To: Babu Kaza; CODE NAMARA 45 Sripinyo Kirk Major; Puckett Neal; Faraj
Haytham
Subject: Wuterich

Kudos again to Babu for his outstanding argument today. I understand that
audio of the argument is already up on CAAF?s website.  I?ll send a link
momentarily.

 

In the meantime, it took me less than 2 minutes to find an opinion
indicating that granting declaratory relief is permissible in a case
proceeding under the All Writs Act ? and, even better, the opinion is
written by then-Chief Judge Posner:

 

?Since the settlement stands, the judge's power to issue the injunction (and
related declaratory relief) against these lawyers' enforcing the
contingent-fee contracts or liens based upon them was a proper exercise of
the court's jurisdiction under 28 U.S.C. § 1651
<https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW11.01&fn=_top&sv=Split
&docname=28USCAS1651&tc=-1&pbc=88FB9A4F&ordoc=1998214330&findtype=L&db=10005
46&vr=2.0&rp=%2ffind%2fdefault.wl&mt=131>  (?all writs?) to prevent
interference with its orders.?  In re Factor VIII, 159 F.3d 1016, 1020 (7th
Cir. 1998).

 

I think we should probably move to cite supplemental authority in answer to
that question from CJE.  Unless anyone else wants to take the lead, I?ll
draft up something tonight and circulate it.

 

Semper Fi,

DHS

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