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10:45 AM
CORCORAN to WENDELL BERGE (Continued):
B - group like yours made known to the courts SO they'd know it isn't
just the government fighting it. Now, perhaps it could be done by
a brief amicus and accomplish the same effect as a formal intervention.
Or perhaps you should intervene. I don't know. But I know in our
railroad case out in the midwest we had some shippers groups that
wanted to intervene, but we decided, after careful consideration, that
we'd better discourage it because there would be other shippers groups
coming in on the other side and the thing would just get to be a big
arena of contesting and conflicting groups, and the thing might get out
of hand. But that doesn't always apply. It isn't usual to have
complainants or the private groups that are interested formally
intervene, but I'd certainly like to consider that, but in any event
you could always file a brief.
C - Yeah. Well, now on the other hand, I'll be very honest and frank
with you about something else. If I'm going into business with a
lot of money on this thing, and actually have to go in because it's
the only decent--only--both the terms of the concession and the
common sense of the thing mean that you've got to go in against
DeBEERS--they may leave me along on a de minimis (phonetic) basis.
Now I don't know just how tough my competition is going to be. In
that case I don't want to feel that I was committed--this is sheerly
the business of being a lawyer for private clients of sticking my
neck out--or the feeling that I'm warranting that I'm going to stick
my neck out unless I feel it's to the interest of my clients to stick
it out, but my clients interests are definitely on your side of the
fence.
B 1 Oh, I can see that.
C - I've no--I'm nowhere unless I can sell freely up here, because this
is the great market, and they'd murder me in any other country in the
world.
B - Yeah.
C - Well, who may JOHN NASON come to see, WENDELL?
B - Well, he'd better see BERMAN (phonetic--HERBERT BERMAN, and I'll tell
BERMAN that he's going to come.
C - All right. O.K. HERBERT BERMAN.
B - Well, that's fine. I hope the thing goes over big, TOM.
C - I may really have--you see, the fact that this is a foreign friendly
government, the fact that it will be American capital--we may give
you just what you're looking for--the reality of some interest that's
willing to fight--some commercial interest. Now whether I can give
it to you, I don't know. I'm fiddling around with it. I've got to
do some calculated risks for my clients' money. I think that it
probably is a lovely, ripe time to hit it. Of course, another thing
that bothers me is that if you do win, I don't know where the price
of anything will be. You may ruin--I mean, success may ruin all
enterprise.
B - We may find that diamonds are
C - Cheap as dirt.
B - That's right.
C - All right. O.K. Goodbye.
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"ocrText": "10:45 AM\nCORCORAN to WENDELL BERGE (Continued):\nB - group like yours made known to the courts SO they'd know it isn't\njust the government fighting it. Now, perhaps it could be done by\na brief amicus and accomplish the same effect as a formal intervention.\nOr perhaps you should intervene. I don't know. But I know in our\nrailroad case out in the midwest we had some shippers groups that\nwanted to intervene, but we decided, after careful consideration, that\nwe'd better discourage it because there would be other shippers groups\ncoming in on the other side and the thing would just get to be a big\narena of contesting and conflicting groups, and the thing might get out\nof hand. But that doesn't always apply. It isn't usual to have\ncomplainants or the private groups that are interested formally\nintervene, but I'd certainly like to consider that, but in any event\nyou could always file a brief.\nC - Yeah. Well, now on the other hand, I'll be very honest and frank\nwith you about something else. If I'm going into business with a\nlot of money on this thing, and actually have to go in because it's\nthe only decent--only--both the terms of the concession and the\ncommon sense of the thing mean that you've got to go in against\nDeBEERS--they may leave me along on a de minimis (phonetic) basis.\nNow I don't know just how tough my competition is going to be. In\nthat case I don't want to feel that I was committed--this is sheerly\nthe business of being a lawyer for private clients of sticking my\nneck out--or the feeling that I'm warranting that I'm going to stick\nmy neck out unless I feel it's to the interest of my clients to stick\nit out, but my clients interests are definitely on your side of the\nfence.\nB 1 Oh, I can see that.\nC - I've no--I'm nowhere unless I can sell freely up here, because this\nis the great market, and they'd murder me in any other country in the\nworld.\nB - Yeah.\nC - Well, who may JOHN NASON come to see, WENDELL?\nB - Well, he'd better see BERMAN (phonetic--HERBERT BERMAN, and I'll tell\nBERMAN that he's going to come.\nC - All right. O.K. HERBERT BERMAN.\nB - Well, that's fine. I hope the thing goes over big, TOM.\nC - I may really have--you see, the fact that this is a foreign friendly\ngovernment, the fact that it will be American capital--we may give\nyou just what you're looking for--the reality of some interest that's\nwilling to fight--some commercial interest. Now whether I can give\nit to you, I don't know. I'm fiddling around with it. I've got to\ndo some calculated risks for my clients' money. I think that it\nprobably is a lovely, ripe time to hit it. Of course, another thing\nthat bothers me is that if you do win, I don't know where the price\nof anything will be. You may ruin--I mean, success may ruin all\nenterprise.\nB - We may find that diamonds are\nC - Cheap as dirt.\nB - That's right.\nC - All right. O.K. Goodbye."
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