The Class Plaintiffs want the three-judge panel in D.C. to modify its ruling in Perry v. Mnuchin to make it clear that “[t]he relevant expectations for the breach of implied covenant claims are the expectations of the shareholders who purchased preferred or common shares in the Enterprises when those shares were issued, not the subsequent expectations of shareholders who purchased shares in the secondary market.”  A copy of the Class Plaintiffs’ rehearing petition is attached to this e-mail message.

That fallacious attempt to discriminate among GSE shareholders based on the dates they purchased their shares is also buried in our government’s supplemental motion to dismiss posted at http://gselinks.com/Court_Filings/Fairholme/13-465-0161.pdf delivered to Judge Sweeney on June 8, 2015.  Briefing on that narrow topic was stayed in accordance with Judge Sweeney’s order posted at http://gselinks.com/Court_Filings/Fairholme/13-465-0240.pdf entered on Sept. 9, 2015.14-5243-1668958

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