Ferdinand Decaprio and Claire Decaprio - Page 9

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          assigned to this case and ultimately reached a basis of settle-             
          ment and that that appeals officer prepared decision documents              
          reflecting that settlement which he sent to Mr. Tigue for review            
          and execution on or about May 10, 1996; (2) on June 7, 1996,                
          respondent's counsel received a telephone call from Mr. Tigue               
          during which Mr. Tigue indicated that petitioner would not                  
          execute the decision documents or proceed to trial and that Mr.             
          Tigue intended to file a motion to withdraw; (3) respondent's               
          counsel advised Mr. Tigue that respondent would file a motion to            
          dismiss for lack of prosecution if petitioner failed to execute             
          the decision documents and did not intend to proceed to trial;              
          (4) on June 10, 1996, respondent's counsel telephoned Mr. Tigue             
          who informed him that petitioner still refused to sign the                  
          decision documents and that Mr. Tigue would file a motion to                
          withdraw as counsel; and (5) on June 11, 1996, respondent's                 
          counsel telephoned Mr. Tigue, and during that call Mr. Tigue                
          informed respondent's counsel that Mr. Tigue had filed a motion             
          to withdraw as counsel, and respondent's counsel thereupon                  
          advised Mr. Tigue of respondent's intent to file respondent's               
          motion.                                                                     
               On June 11, 1996, Mr. Tigue filed a motion to withdraw as              
          counsel pursuant to Rule 24(c) (Mr. Tigue's motion to withdraw).            
          In support of that motion, Mr. Tigue represented, inter alia,               
          that petitioner had advised him that petitioner "does not intend            
          to proceed to trial on June 17 or on any other date * * * [and              




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