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FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
The stipulations of the parties, with accompanying exhibits, are
incorporated herein by this reference.2 At the time the petition
was filed in this case, Mr. Arberg resided in Florida and
petitioner Melissa A. Quinn (Ms. Quinn) resided in Georgia.
Employment and Trading Activities
Mr. Arberg was born in 1968 and graduated from Princeton
University in 1990 with a major in history. Upon graduation, he
was employed by the Cummins Engine Company in Columbus, Indiana.
He worked in the company’s mergers and acquisitions division,
focusing on financial and valuation analysis. After
approximately 2 years, Mr. Arberg went to work for Hemisphere
Trading Company, an investment adviser based in Memphis,
2 The parties filed a stipulation of facts and exhibits at
the trial session in Jacksonville, Florida. Both parties
subsequently filed an opening brief including proposed findings
of fact. Respondent’s proposed findings incorporated verbatim
various of the stipulated facts, and petitioners included a
number of consistent paraphrases. On reply brief, petitioners’
response to respondent’s requested findings consists of the
following: “Petitioners object to Respondent’s Requested
Findings of Fact in their entirety and request that this Court
adopt Petitioners’ Requested Findings of Fact in their entirety.”
While the Court has taken the findings proposed in petitioners’
opening brief into account in finding the facts set forth infra,
the obvious overbreadth of their approach on reply brief complies
with neither the letter nor the spirit of Rule 151(e)(3). In
effect, this severely truncated approach has deprived petitioners
of the full extent of their opportunity to set forth an
objection, as to each proposed finding of fact, afforded by the
Rule.
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Last modified: November 10, 2007