John S. Halpern - Page 11




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          on a stipulated record.6  But, petitioner has not shown that any               
          of the facts stipulated in Greene were different from the RRA                  
          facts.  As noted, we have examined the placement offering                      
          memorandum in RRA, and the transactions set forth in the offering              
          appear virtually identical with the facts that the Court found in              
          Provizer.  Moreover, at trial, Elliot I. Miller (Mr. Miller), who              
          represented PI (the manufacturer of the recyclers) during the                  
          relevant period, testified that the same type of machines went to              
          both RRA and Clearwater, and that the recyclers were delivered to              
          RRA during 1981.  Mr. Miller testified that the partnerships were              
          identical with two exceptions:                                                 
               The number of machines may not have been the same. * * *                  
               And the general partners were different. * * * But other                  
               than that, the transactions were the same.                                
               As to the materiality of the alleged misrepresentation, Mr.               
          Kamerman testified that he would not have recommended to                       
          petitioner that he be bound by litigation involving another                    
          partnership because there would be a “different general partner                
          from” RRA.  Mr. Kamerman explained, that in his view “the general              
          partner being different is a fundamental difference, and it’s the              


               6  Counsel has raised questions as to the competency of the               
          representation in the Greene cases; he did not know, and                       
          apparently had made no effort to find out, however, what records               
          counsel in the Greene cases had.  While petitioner has complained              
          that he cannot determine whether the partnerships were                         
          substantially identical, it appears that there may have been                   
          avenues that were available, but, for reasons that are not                     
          readily apparent, were not explored.                                           





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