Jerry and Patricia A. Dixon, et al - Page 116




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          making an incomplete an inaccurate presentation" of the First               
          Savings acquisition.88                                                      
               By order dated November 24, 1997, the Court denied                     
          Mr. Sticht's motion on the ground that the materials that                   
          Mr. Sticht was seeking to submit to the Court should have been              
          offered into evidence during the initial evidentiary hearing in             
          May and June 1996, where all of the implicated parties had been             
          called to testify.  Insofar as Mr. Sticht was arguing that there            
          was a meaningful link or connection between the First Savings               
          acquisition and the Investors Financial stock purchase plan, the            
          Court further observed that the First Savings acquisition was not           
          among the Kersting programs at issue in the trial of the test               
          cases, and that petitioners' theory of a link between the two               
          transactions would be ripe for consideration only if respondent             
          were to move for entry of decision based in part on adjustments             
          attributable to the First Savings acquisition.                              
          E.   Denial of Mr. Izen's Motion To Take Judicial Notice                    
          On April 9, 1998, Mr. Izen filed a Motion to Take Judicial                  
          Notice, asserting that the Court is obliged by rule 201 of the              
          Federal Rules of Evidence to take notice that the Hawaii District           


          88  The bulk of the testimony presented at the trial of the                 
          test cases concerning the First Savings acquisition was offered             
          by Messrs. Kersting and Alexander.  Although their testimony                
          concerning the transaction generally was consistent, the Court in           
          Dixon II apparently accepted Mr. Alexander's testimony that                 
          Federal regulators rejected Investors Financial as a holding                
          company for First Savings despite Mr. Kersting's testimony to the           
          contrary.  See Dixon II, 62 T.C.M. (CCH) at 1447, 1991 T.C.M.               
          (RIA), at 91-2987.                                                          

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