ON THE WEB The two sides in the struggle to control the Reform Party have set up dueling "official" web sites: PEROT FACTION WEB SITE www.rpusa.org VENTURA FACTION WEB SITE www.reformparty.org

LYNCHBURG, Va. -- Comparing the case to a divorce, a federal judge said he would rule Monday on who controls the Reform Party in a bitter feud that pit two factions against one another, with one side accusing the other of a "raw power takeover."

"What we have here in this case are honorable people who are divided in beliefs on which way the party should go," said U.S. District Judge Norman K. Moon. "The differences here are that they can't even compromise without compromising their beliefs."

Jack Gargan, a party chairman ousted at a raucous meeting last month in Nashville, Tenn., contended in court that he is the real leader of the party founded by Texas billionaire Ross Perot.

Gargan told Moon the Nashville meeting was illegal because proper notice had not been given to party members and some who voted were not credentialed as outlined in the party's constitution.

On the second day of testimony in the case, Gargan also argued that the vote should be nullified because he hadn't called the meeting to order.

"This basically was a raw power takeover of the party to get rid of me," said Gargan, who was removed by members aligned with Perot. Gargan is an ally of Minnesota Gov. Jesse Ventura, who recently severed his ties to the Reform Party.

Gargan and Pat Choate, the man who replaced him, now run parallel chairmanships complete with dueling "official" party Web sites and plans for rival nominating conventions. Each side claims ownership of $2.5 million in federal funding, most of which is held in the custody of the court.

The prevailing side also is looking forward to the $12.6 million the party's presidential nominee will receive after the convention for the general election.

Pat Buchanan, a former Republican running for the Reform Party nomination, said the party is better off with Choate in charge and he predicted unity by the time of the summer convention.

"The dust will settle, there will be peace in the valley," Buchanan said in San Francisco.

In closing arguments, Dale Cooter, Choate's attorney, said the Feb. 12 vote was valid and "exceedingly fair." Cooter painted Gargan as a tyrant who wanted to rule the party by himself, going against the executive committee's wishes and overturning its decisions.

"Mr. Gargan got himself elected and did the functional equivalent of Marshal Law," Cooter said. "Well, not in this country."

Cooter said that members were notified of the meeting more than 30 days in advance and that those who voted were qualified to do so. He also said that the vice chairman had the power to call the meeting to order if the chairman was unable or unwilling to.

Gargan's attorney, Tracey Lenox, argued that last month's proceedings violated both Robert's Rules of Order and the party's constitution.

"Nashville didn't follow the spirit or letter of the law and it wasn't fair either," Lenox said.

Lenox called three witnesses Thursday who testified that some of the people who voted to oust Gargan were not registered voters of the Reform Party or were not properly credentialed.

Judge Moon called the feud "a tragedy" and said he would not rule on the basis of which side he felt was more fit to be in charge, but instead he would do what he felt was fair to both sides.

Moon likened the case to a divorce, saying: "It shouldn't happen, but it did."

Cooter suggested Gargan let his power go to his head after he was elected chairman on Jan. 1.

Cooter argued that Gargan's job as chairman was to carry out the resolutions of the executive committee, which he said has the power to overrule the chairman.

Gargan countered that had the power to make certain decisions such as rehiring the party's treasurer who was removed by the executive committee. He also said he tried to work in concert with the executive committee, but they refused to recognize him as the new chair.

Choate, Perot's 1996 presidential running mate, said the rivalry has cost the third party significant credibility this election year.

Choate and others allied with Perot also are seeking a federal court order to bar Gargan and his supporters from acting as the party's leaders and planning the convention in Ventura's state.

About $2 million of the $2.5 million in federal funds for the party convention is currently in the court's custody. Gargan said he doesn't know where the rest of the money is, but assumes it was spent on deposits for contracts on the Minnesota convention.