Transpac Drilling Venture 1982-08, Albert D. & Luella L. Eshelman, A Partner Other Than The Tax Matters Partner - Page 5

                                        - 5 -                                         

          participating partners, specifically including participating                
          partner Milton Chwasky.  Rules 246(b), 247, 21(b)(2).                       
               As previously stated, on April 17, 1996, participating                 
          partner Milton Chwasky filed a Motion for Leave to File Motion to           
          Vacate Decision and lodged a Motion to Vacate Decision with the             
          Court.  Attached to such motion for leave is an affidavit                   
          executed by Milton Chwasky which states that petitioners and the            
          participating partners failed to respond to the Court's orders              
          dated May 11, 1994, and August 19, 1994, due to a breakdown in              
          the lines of communication between Mr. Haydon and Transpac's                
          accountant, Mr. Bernard J. Pitkoff.  Mr. Chwasky's Motion for               
          Leave to File Motion to Vacate Decision includes an allegation              
          that respondent does not object to the motion.                              
               This matter was called for hearing in Washington, D.C., on             
          May 22, 1996.  Counsel for respondent appeared at the hearing and           
          explained that, contrary to representations made to Mr. Haydon              
          prior to the filing of the Motion for Leave to File Motion to               
          Vacate Decision, respondent intended to oppose the pending                  
          motion.3  In particular, counsel for respondent asserted that               
          Milton Chwasky's motion should be denied because the standards              
          required to support a motion to vacate a final decision had not             
          been satisfied.                                                             

          3 Counsel for respondent advised the Court that he notified                 
          Mr. Haydon the day before the hearing that respondent would                 
          oppose Mr. Chwasky's motion at the hearing.                                 




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011