Residential Management Services Trust, Robert Hogue, Trustee - Page 11




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          entitled “Letter of Resignation” (resignation letter)13 that                   
          states:                                                                        
                                 LETTER OF RESIGNATION                                   
               To the TRUSTEES of                                                        
               RESIDENTIAL MANAGEMENT SERVICES                                           
               5505 Connecticut Ave., NW, #200                                           
               Washington, D.C. 20015                                                    
               Dear Board of Trustees:                                                   
                    I hereby tender my resignation as Trustee of                         
               RESIDENTIAL MANAGEMENT SERVICES, effective at the close                   
               of the [sic] July 15, 1997.                                               
                          /s/                                                            
                          American Common Trust,                                         
                          Douglas Carpa, Trust Officer                                   
                    Notice of Acceptance of Resignation:                                 
                          /s/                                                            
                          Bob Hogue, Trustee                                             
               F.  Hearing on Respondent’s Motion                                        
               This matter was called for hearing at the Court’s trial                   
          session in San Francisco, California.  Counsel for respondent                  
          appeared at the hearing and offered argument and evidence in                   
          support of respondent’s motion to dismiss.  Specifically,                      
          respondent presented to the Court a certified copy of the 1994                 
          trust instrument that was filed with the Maricopa County Recorder              


               13  With the exception of the name of the so-called trust,                
          the resignation letter is an identical copy of the resignation                 
          letter submitted to the Court by Robert Hogue in numerous cases                
          before this Court that were dismissed on the ground that Robert                
          Hogue was not a proper person authorized to petition the Court on              
          behalf of the trust.  See cases cited supra n.6.                               





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