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Trust, Federal Tax Identification Number 56-6454364",4 as well as
certain, partially completed bank documents bearing the same tax
identification number. To the extent that these “Minutes” and
bank documents bear a date, they all purport to be dated May 1,
1997.
Among the foregoing “Minutes” is one entitled “First Minutes
of the Acme Trust”. This document references a Robin Morgan,
“creator” of the trust, who purports to appoint Robert Hogue as
“legal trustee”.
In the “Second Minutes of the Acme Trust”, Robert Hogue
purports to appoint Carol Ruthenberg as “substitute trustee/legal
agent”.5
In yet another “Minutes”, Michael Welch and Carol
Ruthenberg, identified as “old trustees”, purport to appoint
Robert Hogue as “new trustee”; Welch and Ruthenberg then purport
to resign as trustees. Also noteworthy is the fact that the
purported signature of “Carol Ruthenberg” on these “Minutes” does
not resemble the purported signature of “Carol Ruthenberg” on the
January 13, 1997, trust instrument discussed above.
4 We regard “Acme Trust” and “Acme Equipment Trust” as one
and the same.
5 Although the “Second Minutes” are not dated, the “First
Minutes”, “Third Minutes”, “Fourth Minutes”, “Fifth Minutes”, and
“Sixth Minutes” are all dated May 1, 1997.
Also, we note that the various “Minutes” are followed by an
undated document entitled “Resignation From the Acme Trust” that
is executed by Robert Hogue.
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Last modified: May 25, 2011