Jerry and Patricia A. Dixon, et al - Page 291




                                       - 83 -                                         

               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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