- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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