J. David Golub - Page 8




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          York.  In a letter to the New York attorney general’s office,                
          petitioner stated:                                                           
                    Kidder, Peabody & Co., by its own action breached                  
               our brokerage agreement and forced a liquidation.  I                    
               refused to transfer this account to any other broker.                   
               In my letter of May 12, 1987, I told them that I                        
               desired to liquidate the account.  I requested this                     
               orally on several prior occasions. * * *                                
          None of these agencies decided to take action against Kidder                 
          Peabody; the NASD specifically determined that it could not find             
          that there had been a violation of its rules.                                
               In 1989, petitioner commenced litigation against Kidder                 
          Peabody and some of its employees in the U.S. District Court for             
          the Southern District of New York.  In 1990, the District Court              
          ordered the parties to arbitrate their differences.  Petitioner              
          sought review of this order in the U.S. Court of Appeals for the             
          Second Circuit.  In January of 1991, the Court of Appeals                    
          dismissed the appeal because the arbitration order was not                   
          appealable.                                                                  
               In October 1991, petitioner sent a letter to the District               
          Court seeking permission to file a motion for injunctive relief              
          on the grounds that Kidder Peabody failed to liquidate his                   
          account.  Sheila Chervin, an attorney in the general counsel’s               
          office of Kidder Peabody, responded in a letter to the District              
          Court dated October 24, 1991, with a copy to petitioner.  Ms.                
          Chervin explained that Kidder Peabody had no letter on file from             






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