5: Paragraph 26 After I filed suit, Hutton also moved to dismiss on
the grounds that I'd been fired for cause, and it submitted minutes of a
board meeting ratifying my termination for cause but not saying that the
vote was more than a simple majority. Given the bylaws requiring a
supermajority vote and the ruling of the unemployment office, which
Hutton didn't appeal when it had the chance, Hutton's position had to be
rejected as a matter of law, but Longobardi has always treated it as an
open question whether I was fired for cause, as Hutton says, or to keep
me from talking to the bank examiners, as I say. I could give you more
examples of how Longobardi, who's now chief judge for the district, has
sided with Hutton to give me a hard time, but you get the idea.
5: Paragraph 27 The trial took most of two days: 30 September and 1
October 1991. I testified the first day, and my cross examination
continued into the second day, then Hutton put on four witnesses: one of
Hutton's inside lawyers who was still working for Shearson, Abbes,
Hitchcock, and Shapiro. Not only did they not contradict my
allegations, they actually testified that they were true in every
material aspect!
5: Paragraph 28 There were many comical moments: Hitchcock, trying
as usual to wimp out from under any responsibility, testified to not
having known then or not remembering now most of what I asked him, and
Abbes testified to not knowing who had issued his pay checks.
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