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Richard Temko is an American attorney with an office in
Brussels, Belgium. CIG’s executive vice president (Mr. Snyder) was
acquainted with Mr. Temko. Baudouin Parmentier and Frederic de la
Barre d’Erquelinnes are citizens and residents of Belgium.11 Mr.
Temko introduced Mr. Parmentier to Mr. Snyder, and Mr. Parmentier
engaged Mr. Temko as his legal adviser to represent him in the
transactions at issue in this case.
On September 15, 1993, Mr. Snyder sent a memorandum (by
facsimile) to Mr. Temko describing a possible cross-border
equipment leasing transaction, along with flowcharts, in which Mr.
Parmentier would exchange an interest in a limited liability
company (ultimately, Andantech) for preferred stock to be issued by
a “U.S. Company” (ultimately, the preferred stock of RD Leasing).
The next day, although negotiations were ongoing with NEFI, Mr.
Snyder sent a second memorandum and summary sheet to Mr. Temko,
which stated that “No U.S. company has made any commitment to enter
into the exchange * * * and there can be no assurance any such U.S.
11 Neither Mr. Parmentier nor Mr. de la Barre
d’Erquelinnes was subject to our jurisdiction, and neither
appeared at trial. However, Mr. Parmentier agreed to be deposed
on May 4, 2000 (and to be interviewed on May 5, 2000), in
Brussels. The parties stipulated that had Mr. Parmentier
testified at trial, his testimony would be as set forth in the
transcript (including exhibits) of his May 4, 2000, deposition,
and the transcript (including exhibits) of his May 5, 2000,
interview.
We have examined the transcripts of Mr. Parmentier’s
deposition and interview and find many of his statements are
unsupported by other evidence in the record.
Mr. de la Barre d’Erquelinnes was neither deposed nor
interviewed.
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