Jerry and Patricia A. Dixon, et al - Page 50




                                       - 136 -                                        

          to offer collection litigation records into evidence through                
          Mr. Moseley, Judge Goffe initially questioned why Mr. Izen had              
          not obtained the documents before trial so that the documents               
          could have been subjected to the stipulation process.  Mr. Izen             
          responded that, although he had requested the documents from                
          Mr. Kersting earlier, ultimately he had relied upon the subpoena            
          that respondent had served on Mr. Kersting, and he had only                 
          recently received the documents.                                            
               During Mr. Moseley's testimony, Mr. Izen offered into                  
          evidence records from the bankruptcy case of Mr. Provan                     
          indicating that certain corporations controlled by Mr. Kersting             
          were creditors of Mr. Provan.  The Court sustained Mr. McWade's             
          objections to admission of these records on grounds of relevance            
          and incompleteness.60  The Court also sustained Mr. McWade's                
          objections to the admission of several documents pertaining to              
          collection litigation against George Vermef, although these                 
          documents were later admitted into evidence through                         
          Mr. Kersting's testimony.61                                                 



          59(...continued)                                                            
          the production of records of any other collection actions against           
          Kersting program participants.                                              
          60  The documents in question did not reveal the particular                 
          debts that the Kersting corporations had apparently asserted                
          against Mr. Provan.                                                         
          61  Judge Goffe's treatment of the collection litigation                    
          evidence is summarized supra pp. 72-74.  Mr. Izen's bringing up             
          the collection litigation again, following the evidentiary                  
          hearing, is described infra pp. 196-197.                                    

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