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In the meantime, Mr. Sims consulted Barbara Leonard, Deputy
Regional Counsel for the Western Region. She directed him to
terminate negotiations based upon a 50-percent settlement.
Upon learning of Mr. Kersting's letter, Mr. DeCastro called
Mr. Chicoine to inquire about the terms of the purported 50-
percent settlement. Mr. DeCastro stated that the terms of the
purported settlement were better than the terms he had
received for his clients and that he intended to attempt to
obtain the same terms for his clients. During his conversation
with Mr. Chicoine, Mr. DeCastro threatened to "make trouble" for
Mr. Chicoine unless he referred clients residing in California to
Mr. DeCastro for further representation. Mr. Chicoine flatly
rejected Mr. DeCastro's proposal.
Following the release of Mr. Kersting's January 19, 1987,
letter, Mr. Sims received numerous telephone calls from Kersting
program participants and attorneys seeking to accept the 50-
percent settlement. Following his conversation with
Mr. Chicoine, Mr. DeCastro called Mr. Sims to express concern
that Mr. Chicoine's clients might obtain more favorable
settlements than the settlements offered to Mr. DeCastro's
clients.
By letter to Mr. Chicoine dated February 4, 1987, during the
week immediately preceding the Maui session, Mr. Sims denied that
he had agreed to a 50-percent settlement of the Kersting project
cases. Mr. Sims' letter states in pertinent part:
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