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start a modest branch office of Finley Kumble in Sacramento,
California. Mr. Blonien continued to have conversations with
Governor Carey about opening a Finley Kumble branch office in
Sacramento.
In March 1987, Mr. Blonien reached an oral agreement to join
Finley Kumble as a partner. Under the terms of the agreement,
Mr. Blonien was to receive a draw of $8,750 per month and was to
make a capital contribution to Finley Kumble of $80,000. Finley
Kumble agreed to arrange for Mr. Blonien to borrow the funds to
make the capital contribution from its lender, Manufacturers
Hanover Bank.2
On April 1, 1987, Mr. Blonien left the California State
government to begin practicing law with Finley Kumble in
Sacramento. Acting on behalf of Finley Kumble, Mr. Blonien
sublet office space from another law firm, obtained office
2The terms of the offer are set forth in a letter to Mr.
Blonien dated Mar. 4, 1987, from Steven Kumble, Harvey Myerson,
Robert Washington, and Governor Carey. Mr. Blonien testified
that he did not receive this letter until after Sept. 2, 1987.
Mr. Blonien testified that Governor Carey orally informed him of
these same basic terms in March 1987, but that he did not receive
written confirmation of the terms until September 1987.
Respondent argues that Mr. Blonien’s testimony is self-serving,
and that it is incredible that Mr. Blonien would leave his
government job without written confirmation of Finley Kumble’s
offer. It does not matter in the case at hand whether the offer
and acceptance were oral or written, and we therefore need not
decide when Mr. Blonien first received written confirmation of
the terms of the partnership offer. Mr. Blonien testified that
he assumed, when he started working for Finley Kumble, that his
relationship with the firm would be as described in the letter
dated Mar. 4, 1987.
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