Jerry and Patricia A. Dixon, et al - Page 281




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          of litigation on a primary note.  The Court concluded that the              
          evidence of the Hane litigation was inconsequential because of              
          the lack of any testimony about the matter and the fact that                
          Atlas Funding dismissed the action voluntarily after obtaining a            
          default judgment.                                                           
               2.  Carl Mott, George Vermef, and Robert Peterson                      
               In Dixon II, the Court found that Kersting corporations                
          pursued collection lawsuits in 1985-86 on leverage loans against            
          Kersting program participants Carl Mott, George Vermef, and                 
          Robert Peterson.  The Court noted that while Carl Mott had been             
          sued only for interest on leverage loans, Messrs. Vermef and                
          Peterson had been sued for both interest and principal on                   
          leverage loans.  The Court found that there was no explanation in           
          the record how Messrs. Vermef and Peterson could have owed                  
          principal on leverage loans that would be consistent with the way           
          the Kersting programs were intended to operate nor with the way             
          that they apparently actually operated.  Further, the Court found           
          that the judgments entered against Mr. Vermef were vacated after            
          the parties agreed to settle the cases and that a default                   
          judgment entered against Mr. Peterson later was set aside on                
          Mr. Peterson's motion.  The Court summarized its conclusions                
          regarding collection activities and litigation as follows:                  
                    Five Kersting corporations commenced actions                      
               against Carl Mott based upon a year of unpaid interest                 
               on 15 leverage notes, but the principal amounts of the                 
               notes were not in issue.  The record is replete with                   
               copies of checks, drawn on personal bank accounts other                
               than Liberty Bank or Hawaii National Bank, that                        
               petitioners used to pay interest on leverage notes.                    

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