Herbst Asset Mgmt. Trust, et al. - Page 6




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          dent.  Respondent has identified Mr. Binge as an individual                 
          involved with purported trusts used for tax avoidance purposes.             
               On September 25, 2000, Carol Jackson (Ms. Jackson), an                 
          attorney authorized to practice before the Court, filed the                 
          respective petitions in these cases, which she had signed on                
          September 20, 2000.  On December 8, 2000, David M. Wise (Mr.                
          Wise), an attorney authorized to practice before the Court,                 
          entered an appearance in each of these cases.                               
               On August 31, 2001, respondent filed a motion to compel                
          production of documents and a motion to compel responses to                 
          respondent’s interrogatories (respondent’s motions to compel                
          discovery) in each of the cases at docket Nos. 10001-00 and                 
          10002-00.  In respondent’s motions to compel discovery in each of           
          those cases, respondent represented, inter alia, that counsel of            
          record in each such case, i.e., Ms. Jackson and Mr. Wise, had               
          informed respondent’s counsel that they no longer represented               
          petitioners.  Respondent further represented in respondent’s                
          respective motions to compel discovery in the cases at docket               
          Nos. 10001-00 and 10002-00, inter alia, that respondent’s counsel           
          advised both Ms. Jackson and Mr. Wise that respondent would                 
          continue to recognize them as counsel for petitioner in each such           
          case unless otherwise notified by the Court.                                
               Respondent attached as exhibits to respondent’s respective             
          motions to compel discovery in the cases at docket Nos. 10001-00            






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