Ralph Louis Vitale, Jr. - Page 10




                                        -10-                                          
          "the story's never been done before to any degree of authentic-             
          ity", he thought it commercially viable.  After discovering that            
          the rooms at the brothels were equipped with listening devices,             
          he began meeting the women at other locations on "out calls,"               
          which he paid for by personal credit card.  In 1994, during the             
          months of January, February, April, May, June, and July, peti-              
          tioner spent anywhere from 1 to 6 days per month in Nevada on out           
          calls with prostitutes.  He successfully encouraged 10 prosti-              
          tutes to leave their profession.  As of the trial date, peti-               
          tioner had not yet completed "Nevada Nights, San Joaquin Dawn".             
               Some time after a contract had been signed for the publica-            
          tion of "Searchlight, Nevada", petitioner submitted another                 
          manuscript to Northwest for consideration; i.e., "Lightning at              
          Dawn", which was about 450 pages in length.  He was under the               
          impression that Northwest required a joint venture payment for              
          first novels only, and that, if Northwest agreed to publish                 
          "Lightning at Dawn", he would have to pay nothing.  Petitioner              
          also attempted to market "Boys and Girls Together", but he ceased           
          his efforts when he was told that there was no need or market for           
          short stories at that time.                                                 
               On May 1, 1996, 4 months after "Searchlight, Nevada" had               
          been on the market, Northwest filed for bankruptcy protection.9             


               9Northwest filed for reorganization under ch. 11 of the U.S.           
                                                             (continued...)           





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