Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 221

                                                -291-                                                   
            IRA reveals that both Schaffel and Kanter understood that their                             
            fee-sharing agreement was inextricably tied to Ballard and Lisle.                           
            Schaffel hoped to restrict the fee-sharing agreement to                                     
            Prudential transactions only,122 whereas Kanter maintained the                              
            agreement required Schaffel to share any fees arising from his                              
            business dealings with Ballard and Lisle wherever they might be                             
            employed.                                                                                   
                  4.  Schnitzer/PMS                                                                     
                  In February 1989, Kanter wrote to Ross and inquired whether                           
            PMS would be interested in making an early, discounted final                                
            payment under the IRA/PMS installment agreement.  Kanter                                    
            mentioned in his letter that IRA had assigned its contract rights                           
            under the IRA/PMS installment agreement and that any payment                                
            should be remitted to PSAC, which served as the depository for                              
            the assignee. There is no evidence in the record that IRA ever                              
            assigned its rights under the IRA/PMS installment agreement to                              
            another party.  Kanter used the term “assignment” because he knew                           
            the payments belonged to himself, Ballard, and Lisle, and he had                            



                  122  Schaffel explained that he stopped making payments to                            
            Kanter/IRA in 1983 because “I said, ‘The deal is off.  Bob                                  
            [Lisle] has moved and I am not going to, you know--the                                      
            relationship is over.’”  Schaffel, Transcr. at 402.  Schaffel                               
            also testified:  “I didn’t believe that [Kanter] was entitled to                            
            that money because we had left the Investment Research agreement                            
            because Bob [Lisle] had moved on to Travelers and Claude                                    
            [Ballard] had moved on to Goldman Sachs and I was no more dealing                           
            with The Prudential.”  Schaffel, Transcr. at 395.                                           





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