[mpanten]

When we received the license in 1999 and were asked to sign it we asked him what it was all about. He said not to worry about it. It was just a formality and he would never enforce it. It was just to keep his lawyers happy. We took him at his word, which turned out to be good for a little less than 10 years. In fact, this is one of the salient points of our law suit. In short, we maintain that the contract is not enforceable because it was obtained by fraud. Shelby said that he would never enforce the agreement, and with that understanding we signed it. Then he attempted to enforce it.

Im not advocation a positon one way or another but their argument for the contract not being enforcable is weak.