Friday, September 29, 2006 Hoskin Lawsuit Is "Smear," Filing Says
Legislative hopeful drops claim of representing entire nation
By JOHN M. WYLIE II
Editor
Copyright 2006, Oologah Lake Leader, LLC
MUSKOGEE -- A federal lawsuit filed by House District 6 candidate Chuck Hoskin and six colleagues is part of a political “smear” campaign that amounts to an abuse of the courts, according to documents filed Monday (9/18) in the U.S. District Court here.
Hoskin and six colleagues on the Cherokee Tribal Council filed a lawsuit in June against Cherokee Nation principal chief Chad Smith and two executives of a tribal subsidiary.
The complaint alleges the three committed securities fraud when Cherokee Nation Industries bought a controlling interest in Global Energy Group.
Smith contends in his new filing that the suit has no factual or legal basis, starting with the fact that those filing it represent a minority of the council.
Hoskin admitted that in a statement he issued Tuesday.
In addition, Smith contends that the suit makes no allegations that could even meet the loosest definition of securities fraud.
“Taken together, Plaintiffs’ patent legal failures reveal the Complaint in its true colors - an inappropriate use of the federal courts for a legally insufficient political attack by a political minority to smear a political opponent in advance of an upcoming election. The Court is urged to have none of it and dismiss the action against Principal Chief Chad Smith with prejudice,” Smith’s filing contends.
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Posted at 9/29/2006 08:49:00 AM
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