Kansas - The "Motorcycle" Argument ,
 Privileged and Confidential Joint Defense Communication

Here is the "motorcycle" argument, excerpted from the 10/15/01 transcript:

MR. REBEIN: Thank you, Your
Honor. Good afternoon. I will be arguing
on behalf of the defendants, as will my
colleague, Mr. Griffin. And then I think
also appearing today and arguing will be
Mr. Eisenbrandt and Mr. Flaherty on behalf
of their clients. We've tried to divide up
this argument, Your Honor, under -- to
cover of as many bases as we can with as
little repetition as possible.
And so I want to -- in the interest of
the good use of time, Your Honor, I want to
begin this argument by telling you about
the motorcycle trip that I just returned
from in Texas. On that trip, I went with a
friend of mine, and he had a new
motorcycle. And I asked him, "Okay, how
many gallons does that tank hold?" And he
said, "Well, Honda says five gallons."
Well, in Oklahoma, the first time we filled
up, sure enough, it took 5.2 gallons. And
he turned to me, and he said, "That
bastard."
Then we went to Texas, and we filled
up, and it took 5.3 gallons. Then he
turned to me, and he said, "Those bastards;
it's a conspiracy."
Now, I didn't tell him that my
friendship with Rex Sharp would provide me
with a nationwide remedy for this problem,
because I could have told him that what we
needed to do was for me, even though I
didn't buy the gasoline, to return to
Kansas where we bought none of the
gasoline, where I would sue on behalf of
all buyers of gasoline against all sellers
of gasoline for the last 25 years
nationwide, and all I would have to do is
say the words, "There was a conspiracy to
mismeasure." How? I don't know; they've
got all that information. When? I don't
know, but it had to be in the last 25
years. Who? I don't know, so let's
include all of them. And where? Well,
there's only one guy I know well enough to
make these arguments to, and that's Judge
Smith, so let's do it there.


Dawne M. Davis, CLA
Legal Assistant
Holland & Hart, LLP
P.O. Box 1347
Cheyenne, WY  82003
307-778-4240
307-778-8175 - fax
ddavis@hollandhart.com

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