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testified that he participated in Stock Subscription Plans in
1979 (Candace) and 1980 (Delta), and that he closed out his
participation in the Kersting programs by endorsing his stock
certificates and returning them to Mr. Kersting in exchange for
the return of his promissory notes.
Mr. McWade introduced exhibits at the trial pertaining to
Mr. Cravens' participation in Kersting programs that were
referred to in the stipulation of facts that had been signed by
Mr. McWade and Mr. Cravens. Mr. Izen briefly cross-examined
Mr. Cravens after Judge Goffe asked what right Mr. Izen had to
question a test case petitioner who was not his client. In the
absence of an objection from Mr. Cravens, and in light of
Mr. McWade's assent to a brief cross-examination, Judge Goffe
stated: "I'll permit a certain amount of questioning, but we'll
just see where it goes." Mr. DeCastro did not question
Mr. Cravens, nor did the Court.
Mr. Cravens never informed the Court that he had settled his
case because he believed the matter was common knowledge.
Mr. Cravens had no intention of having a secret settlement.
Following the trial, the Cravenses did not file any briefs with
the Court.
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