Alfred J. Martin - Page 11




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               Petitioner credibly testified that he did not know that he             
          had two cases pending in this Court until he appeared at the                
          Order to Show Cause hearing.  He copied the docket number from              
          the letter he received without knowing that two petitions had               
          been filed in his name.  Petitioner used one docket number on a             
          letter that he wrote about his $50,000 payment.  He used the                
          other docket number on another letter when writing about the same           
          $50,000 payment.  When he appeared at the hearing on the Order to           
          Show Cause in docket No. 22961-88, he contended that we lack                
          jurisdiction over that case.  We conclude that he has not                   
          ratified the 1980 petition.                                                 
               Respondent points out that Matthias believed that petitioner           
          knew he was a petitioner in docket No. 22961-88.  Matthias based            
          this belief on several letters his firm had received from                   
          petitioner that had one or the other docket number, including one           
          thanking Berg for representing petitioner in a letter that                  
          referred to docket No. 22961-88.  We give Matthias’ opinion                 
          little weight because he had no personal knowledge about the 1980           
          petition or the case in docket No. 22961-88.  In contrast,                  
          petitioner credibly testified that he did not know what the                 
          docket numbers meant and he did not pay attention to them.                  
               Respondent contends that petitioner authorized Covalt or               
          Robb to ratify the petition in docket No. 22961-88.  We disagree.           
          Petitioner did not authorize them to ratify the filing of the               
          petition, and they did not do so.  Covalt mailed a copy of the              




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