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Judge Rules Clarke Cannot Represent Mesabi Metallics

Tom Clarke and Nubai Global Investment duke it out in court for control of Mesabi Metallics. Tom Clarke and Nubai Global Investment duke it out in court for control of Mesabi Metallics. |  Photo: WDIO File

Updated: August 11, 2018 10:02 AM

A judge has ruled Tom Clarke is prohibited from representing Mesabi Metallics and Chippewa Capital Partners.

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Clarke and Nubai Global Investment appeared in court on Friday in Minneapolis, to share why they think they are in control of Mesabi Metallics.

In the past, both were partners in the unfinished mine in Nashwauk. But then, at the end of July, Clarke said he terminated two Nubai directors off the board, and that he remained the sole leader. 

Nubai said Clarke was removed from the project, and they are in the ones in control.

On Friday, the issue of a restraining order against Clarke was on the agenda. Judge Patrick Schiltz issued an order granting the motion for a temporary restraining order against Clarke.

The order said, "The Court finds it very likely that Nubai will succeed in proving that it has been the sole member of Chippewa Capital Partners since June 1, and that Clarke did not have authority to remove any director of Chippewa or Mesabi on July 22, and that Clarke was removed from all positions with Chippewa and Mesabi on July 23rd, and that Clarke has no authority whatsoever to act on behalf of Chippewa or Mesabi."

Clarke said in an email that he was not allowed to comment.

A statement from Nubai arrived early Saturday morning. It reads: "We are pleased that the court ruled in favour of Nubai Global Investment and issued an Order on the terms that we had requested. With the unnecessary and needless distractions of the last few weeks now clearly addressed by the Courts, we can now re-focus our effort on the Mesabi project. As previously announced, we have already appointed Gary Heasley as interim CEO and he, alongside the talented Minnesota team, will now be implementing the construction and other business activities as we had originally planned. We are grateful for the support that the stakeholders to the project extended to Nubai over the last few weeks, and look forward to working with those stakeholders, including the Governor and the DNR, in the exciting months ahead."

Eyewitness News will continue checking with the DNR about the recently reinstated state mineral leases in Nashwauk, as the agency had been working closely with Clarke. As of Friday evening, the agency had no comment.

Copyright 2018 WDIO-TV LLC, a Hubbard Broadcasting Company. All rights reserved

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