I.C. Hemmings and Sue B. Hemmings, et al. - Page 9

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          amounts of money, and the funds from Mr. Hemmings' account were             
          used to satisfy that need in part.                                          
               The Hemmingses' Federal income tax returns were prepared by            
          Mr. Harris, whose firm was in Atlanta.  Mr. Harris was also the             
          accountant for Brown Transport and for Mrs. Hemmings' father.  If           
          Mrs. Hemmings was not available when the returns were due, Mr.              
          Hemmings would sign the returns for her with her consent.  At               
          some time during this period, Mr. Hemmings explained that the               
          ACLI and ELMS losses were to defer income to a later period.                
          Mrs. Hemmings had faith in Mr. Harris, and she did not question             
          the tax returns.  Mr. Hemmings did not explain to her the                   
          mechanics of the transactions because he did not understand the             
          mechanics of the transactions himself.                                      
               Prior to 1981, Messrs. Brown and Hemmings had traded with              
          E.F. Hutton & Co.  In approximately 1981, they opened                       
          discretionary trading accounts with ContiCommodities, Inc.                  
          (Conti).  Mr. Hemmings traded with Conti until 1984 when Conti              
          liquidated their accounts creating substantial losses.  In 1985             
          Conti sued Messrs. Brown and Hemmings, and they counterclaimed              
          against Conti.  Between 1985 and 1994, the Hemmingses paid                  
          approximately $8,000,000 in litigation fees in connection with              
          the Conti litigation.  The Conti litigation was ultimately                  
          settled in 1993.  The terms of the settlement were placed under             
          seal and cannot be publicly disclosed.  But, as a result of the             






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