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-2- During pretrial deliberations, all parties agreed to stiPulate that the level of assessment of real property in affected counties was 10% higher than the figure originally alleged by the railroads. This stipulation alone resulted in a measurable savings for all counties in the suit. (The railroads also agreed to consider ah even higher figure for any county that could come forward with its own sales ratio study of commercial and industrial real property that demonstrated a higher level assessment for property in that county. 11 counties were able to do so.) The actual trial occurred On October 13 and 14. U.S. District Judge Franklin Dupree rendered a decision on November 27, which basically held in favor of the pl~[f railroads and against tile defendants on two main legal issues, /.~ a memo to you d~t~d3December 9, 1981, Robert Hunter and Butch Gunnell~i~Seussed in detail the Judge's ruling and his reasoning on both legal~issues. I will not review tile decision here, but will only comment th~"J~dge Dupree at 19ast drafted a "clean" opinion that should help in identifying and arguing the issues on appeal. Second, enclosed is a sl]eg~ ~ntitled "Financia% Accounting - NCACC Railroad Defense Fund". ~ su~ary~ 89 coun{~es participated and the total amount received, iqg~uding interest ea~oed, was $47,330.60. The total amount paid out of ~be account has bee~ $47,330.60. Based on the most recent bill from Mr.[ ~[ade's office, there is a shortfall of $3,410~73. At a meeti~g'o~ ~he North Carolina Attorneys' Association last Friday at the Institute of Government~ the attorneys in attendance voted unanimously to contact all coUnties and request an additional contribution in order to pay Mr. Wade in whole for his services through the trial stage. Further, after reviewing the trial court's decision and in light of the special significance of this lawsuit as the first brought by a major utility, the county attorneys voted to urge strongly that all counties continue to provide financial support for legal representation as the case goes up on appeal to the U.S. Fourth Circuit Court of Appeals. Specifically, we propose that an additional $12,500.00 total be solicited from all counties - with the first $3,410.73 collected to be paid to Mr. Wade for his services at the trial stage. Additional funds collected will be paid to Mr. Wade for his services in appealing the case to the Fourth Circuit, based on his submitted bills. I note here that even if we are able to collect the entire amount, it most likely will not cover the entire cost of Mr. Wade's services through the appeal stage. Enclosed is a sheet entitled "NCACC Railroad Defense Fund Supplemental Contribution (February, 1982)", which presents each county's pro rata share of the requested $12,500.00 (based on the same formula used to determine initial contributions). This supplemental contribution is exactly 25% of the original $50,000.00 fund, and thus each county is ~ being asked for an additional contribution that is 25% of the amount originally Contributed. Please consider this matter carefully, consult with your county attorney, and hopefully lend your financial support to these efforts.