No Legal Grounds
prematurely bald, and seemed permanently sour about it. His response to Sam and Lew had always been on the tepid side.
Sam figured that was because Appleby had personally chosen Lew and Sam over Hoch’s objection. Appleby played golf with Lew’s uncle, Finch Roberts, which is what sealed the deal. There really was something to the who-you-know routine. It was the mortar of professional relationships in LA.
“Let’s get to it,” Appleby said. He was a get-to-it kind of guy, a former Ford executive who made the cover of Business Week twice in the same year, once when he moved over to the top spot at FulCo.
They all sat around the shiny conference table. Even before Sam had settled into a chair, Hoch said, “So do we have standing or not?”
So that was the way it was going to be. Hoch would throw fastballs, and Lew was counting on Sam to hit them out of the park, or at least solidly up the middle.
Sam took an immediate swing. “Yes. Not a problem.”
Hoch did not change his skeptical expression. FulCo was suing the federal government for breach of contract, for damages in excess of $800 million. The Feds had entered into an agreement with a major oil company for the purchase of low-sulfur fuel oil. Various subsidiaries of the oil company, relying on the contract, committed themselves to acquiring and transporting large quantities of crude. A year later, FulCo purchased the government contract from the first oil company.
The government then terminated its purchases of LSFO. The various subsidiaries had to sell their crude elsewhere, at a loss.
Sam and Lew were hired to file a breach of contract lawsuit on behalf of FulCo. But the government filed a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, challenging FulCo’s legal standing to bring a lawsuit. The Feds were arguing that the subsidiaries of the oil company were the real parties in interest, since they were the ones with the actual damages.
If the government were to win at this stage, and get upheld on appeal, it would mean FulCo would get zip, zero.
That’s why Sam had spent two weeks researching the standing issue. And he was sure of his answer. As sure as an advocate whose partnership was looking at a potential payday of around $300 million.
“Let me explain.” Sam cleared his throat.
And promptly forgot everything he was supposed to say.
8.
    Sam was four when he realized his father was the biggest man in the world. He liked it that his father was so big. The man could lift him with one arm and hold him that way. As Sam grew, his father still stayed big in his eyes. And never bigger than when Sam faced one disappointment or other.
    Like the time Sam freaked out on an elementary school stage when he was supposed to give a speech during a Thanksgiving play. He forgot the speech, couldn’t even get started. The other kids started to laugh, especially the gap-toothed doofus, Jeffie Bogosian, known as “Booger” Bogosian to most of the kids.
    Seeing Booger’s face in farcical paroxysm was the last straw, and Sam screamed, “Shut up!” and ran off the stage.
Later, his dad sat him down and without any anger told him that a man didn’t let things like that get to him. Everybody gets nervous or scared from time to time, and you suck it up and wait for the feeling to pass.
Thinking of Dad saved Sam this time. He very easily could have considered Stuart Hoch the latest incarnation of Booger Bogosian. Especially when Hoch sniffed, “Yes, please tell us.”
Sam tried to ignore Hoch’s tone, but it annoyed him. This whole setup annoyed him. It was like being called into the principal’s office. All this could have been done with a memo. Yet Appleby had insisted on a face-to-face, and on a Saturday yet.
Appleby drummed his fingers on the table. Sam rifled through the files in his briefcase.
And realized, to his horror, that the memo was not there.
He’d left it in the study, intending to give it a once-over before the meeting.

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