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OK, any further suggestions as to the motion - it seems that it would be a matter for a Jury to decide at Trial - or if the Judge (after a pre-Trial Hearing) granted the Motion (spoilation/ interference or destruction of evidence) - how would that impact the Trial ??
OK, thanks again... BotXXXXX XXXXXne: If the Judge (after a pre-Trial Hearing) granted the Motion (spoilation/ interference or destruction of evidence) - could their Case be dismissed as a "discovery sanction" ?? (the evidence they now claim is mysteriously "lost" is CRITICAL for our counterclaim, they simply rely on the Lease for their claims for damages)
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