By Jerald and Sandra Tanner

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It has been a year and eight months since Andrew Ehat brought a lawsuit against us for publishing the book, Clayton’s Secret Writings Uncovered. Although Mr. Ehat was able to convince a Mormon judge that we were guilty of “unfair competition,” he was unable to prove the claim of copyright violation and was unsuccessful in this attempt to suppress the publication of the revealing extracts from Joseph Smith’s secretary’s diaries.

We have appealed the decision on “unfair competition” to the Tenth Circuit Court of Appeals where we hope to get an unbiased examination of the case. Our appeal was delayed by Ehat’s lawyer, Gordon A. Madsen, when he tried to reinstate an unsuccessful injunction against our continued publication of Clayton’s Secret Writings Uncovered. Our lawyer completed a “Brief of Appellants” on October 9, 1984, but Mr. Madsen did not respond. On November 5, the Court sent him a letter in which the following appeared:

Our file in the captioned appeal indicates that you have failed to timely file an appellee’s brief . . . That brief was due to be filed on: November 1, 1984. . . . your failure to file an appellee’s brief precludes your being “heard at oral argument except by permission of the court.” Accordingly, unless you file an appellee’s brief within ten (10) days . . . this case will be considered at issue and ripe for consideration and disposition by the court.

On November 9, Mr. Madsen responded that he “was under the impression he had until November 9, 1984, in which to file the same.” He went on to request “an extension of time be granted allowing him until December 10, 1984, in which to file . . .” On December 6, however, Mr. Madsen asked that another “extension of time be granted allowing him until January 10, 1985, in which to file his brief.”

Although we have no idea when this case will finally be resolved, we are confident that the ruling of Judge Christensen will be overturned by the panel of three judges who will examine his decision.

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