85-1435 WH17E - CITV CLERK � �
P�NK - FINANCE CO{�I1CII
CANARV - DEPARTMENT G I TY O� SA I NT PA LT L File NO. ��^/���
- BLUE � - MAVOR
Counci Resolu 'on
Presented By
Referred To Co ittee: Date
Out of Committee By Date
WHEREAS; Huseyin Babacan, DBA Highland Park Tree Service has made application
for a new Tree Trimmers and Vehicle License
WHEREAS; The City of St. Paul has received numerous complaints on past
misconduct and unfair dealings
WHEREAS; Huseyin Babacan has been issued citations for conducting a business
without a proper license
RESOLVED: That the Tree Trimmers and Vehicle License be and the same is
hereby denied for violation of St. Paul Legislative Code 310.06
Subdivision 2 (9) .
COUNCILME[�i Requested by Department of:
Yeas �� Nays �
Masanz In Favor
i�i.s�+.
Scheibel A
Sonnen ~� _ Against BY
Tedesco
YlFiisew
�C� �� J �85 Form Approved by City Attorney
Adopted by Council: Date
Certified a by Counci ecret ry BY
By
Approved by iNavor. D � '��`'� �S ��T C � pproved by Mayor for Submission to Council
� B
By � `."'-�� . Y
Pu�,����D ���'� 21985
G��S-���
HIGHLAND PARK TREE �ERfir/ICE
LICENSEn 1926 PORTLAND AVENUE /NSURED
ST. PAUL, MINNESOTA 55104
645- 6301 645- 9974
Address Date
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=:Y;,.,1!._� ADDREi1 RF1'1.1 TU:
'�='"\
CQ�:I �IF.H �FK�'K F�1 ♦If
• ST. �P�UL ��155 �_� t-,.,��� �;� ��.�,�.,:
Fll`BERT N. H1:11PHREti'. III n: t-.�•'eH�rn- .��e�rF:
February 5, 1985 ��r. r•..t �..±,�..E,��T. z.�l...
� 111C��t�E1 Gf.�fR�! �el.�'vn-`3ti
Re: Complaint of
Highland Park Tree Service Joseph Yankovec
1926 Portland Avenue 2150 Edgerton
� St. Pau1, Minnesota St. Paul, Mn. 55117
Please refer to file DM-84-021-04073
s DEPOSITION
� EXHIBIT
� �_
. � � -
Dear Sir/Madam: � 6�
This is our third letter to you regarding this
particular consumer problem. j�Te believe the consu:-ner
deserves the courtesy of your response, and *rJe expect
your cooperation.
P�ease direct your irn.me3iate attention to this matter
and respond as requested in our initial correspondence.
� Sincerely,
0
DARRYL MITCHELL
' Consumer Services Unit
DM:bh
c�: Mr. Yankovec
, A;V EGl1AL OP°ORTLNITY E`,1PLOYER
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STATE OF MINNESOTA � � -�s�- • � RAMSEY COUNTY CONCILIATION COUR
- ���/'�3-r
COUNTY OF RAMSEY DIVISION ONE, CITY OF SAINT PAUL
1126�4 CASE NO. JUDGr�1ENT ENTERED ON I�'AY 1 O ���5
Jo�h i tsth].sea 7s�erne HigbLnd ?�rt Tr� S�iet�
Z150 Eds�rLon 19Z6 lort2�d A�s.
St. Paul. � 55117 -VS- St. la�l, I� SSlt14
Plaintiff(s) Defendant(s)
NOTICE OF JUDGMENT
The above-entitled case has been decided and judgment entered as indicated: s DEPOSITIOFi
� �� � EXHIBIT
�. In favor of the PLAINTIFF(S) and against the Defendant(s) for $ /a'�( /�Q � �
a
In favor of the DEFENDANT(S) and against the Plaintiff(s) for $ � �o-a3-�'�
In favor of the DEFENDANT(S) WITHOUT DAMAGES.
In favor of the DEFENDANT(S). . '
JUDGMENT BECOMES FINAL AND TIME TO APPEAL EXPIRES ON MAY 3 01985 �
DEFAULT JUDGMENT
A DEFAULT judgment has been entered against the DEFENDANT(S) for $
JUDGMENT BECOMES FINAL AND TIME TO REOPEN EXPIRES ON
DISMISSALS
* DISMISSED WITH PREJUDICE,
DISMISSED WITHOUT PREJUDICE *
* TIME TO REOPEN EXPIRES ON
THIS JUDGMENT MAY BE PAID IN PERSON OR BY MAIL AT THE ADDRESS GIVEN BELOW BY PRESENTING THIS
NOTICE WITH THE PAYMENT MADE PAYABLE TO "RAMSEY COUNTY CONCILIATION COURT". DO NOT SEND CASH.
RAMSEY COUNTY CONCILIATION COURT
DIVISION ONE, CITY OF SAINT PAUL
1245 RAMSEY COUNTY COURTHOUSE
SAINT PAUL, MINNESOTA 55102
Telephone: (612) 298-6811
STATE bF MINNESOTA - ,� ` � RAMSEY COUNTY CONCILIATION COURT
, C�i� �,�-/�3S
COUNTY OF RAMSEY DNISION ONE, CITY OF SAINT PAUL
�2�� CASE NO. JUDGT�IENT ENTERED O v�
Joseph b Kathle� Yaalwrec Highland Psrk Tree Serrice
2150 Sdgertoa I926 Portlaad Av�.
St. Paal, I� 55i17 -VS- St. Psal, 1� SS104
Plaintiff(s) Defendant(s)
NOTICE OF JUDGMENT
The above-entitled case has been decided and judgment entered as indicated:
� In favor of the PLAINTIFF(S) and against the Defendant(s) for $ �S� '�v
In favor of the DEFENDANT(S) and against the Plaintiff�s) for $
In favor of the DEFENDAN'f(S) WITHOUT DAMAGES.
In favor of the DEFENDANT(S).
JUDGMENT BECOMES FTNAL AND TIME TO APPEAL EXPIRES ON
MAY 3 01985 � -
DEFAULT JUDGMENT
A DEFAULT judgrnent has been entered against the DEFENDANT(S) for $
JUDGMENT BECOMES FINAL AND TIME TO REOPEN EXPIRES ON
DISMISSALS
* DISMISSED WITH PREJUDICE,
DISMISSED WITHOUT PREJUDICE *
* TIME TO REOPEN EXPIRES ON
THIS JUDGMENT MAY BE PAID� IN PERSON OR BY MAIL AT THE ADDRESS GIVEN BELOW BY PRESENTING THIS
NOTICE WITH THE PAYMENT MADE PAYABLE TO "RAMSEY COUNTY CONCILIATION COURT". DO NOT SEND CASH.
: RAMSEY COUNTY CONCILIATION COURT
DIVISION ONE, CITY OF SAINT PAUL
1245 RAMSEY COUNTY COURTHOUSE
SAINT PAUL, MINNESOTA 55102
: Telephone: (612 298-6811
� �.5- /y�✓'
=�a��
� EXHIBIT
� �_
March 18, 1985 � �'�-3�
On or about the 15th of September I signed a contract with Highland Park Tree
Service (see attached contract) . I gave him a check on September 24th 1984 for
$800.00 (see attache�) , he was to start work that day, he got the check and said
he was going to have breakfast with his crew and they would be back that morning.
He told me that the job would take 3 or.� 4 days and my yard would look like a park,
when he was finished. When I came home from work September 24th 1985 nothing had
been done in the yard, I ca7led both telephone numbers in the phone book (see yellow
page ad attached) his answering service said she would give him the message, I did
not talk to him again, he never returned my calls and I called 2 and 3 times a day
for months. The following week he came when I wa� at work and did a 19ttle work. ^
Sometimes I came home from work and talked to his crew, several of th�.� said they .:�. -
were not going to work for him anymore because he did not have any equipment only
a truck and three chain saws, also�they said he was not paying them on time. I
called many, many times, he never returned my calls and now my yard was really a
" mess, sometimes a week or IOdays went .by before someone came out to do anything.
�s he cut the trees down he left a terrible mess in my neighbors' yard, Ms Beaudet
(see letter attached) � -�°� � = �� -{ x _ �: - -_ � _� �=t�
and that my husband and several other people that we had to pay had to clean all the
branches and limbs form Ms Beaudets yard. At this point I filed a complaint with
T�� Better Business Bureau and the Attorney General 's Office (see attached) . As
of February 5th he has not responded to the Attorney General 's Office (see attached)
By this time I had called the license division in St. Paul to find out his ins�rance
company because of the damage. We called Equity insurance and talked to Pamela
Biskupski , she said "oh no, not anotherclaim" We took pictures and sent �chem to her
also I had estimates taken for the damage at that time - broken fence, gas light
damage to landscape (see attached estimates and pictures) . Ms Biskupski had to
come out and see for herself because the damages were extensive. We filed a
claim. During this time he came (Highland Park Tree Service) and did some work.
Several mornings there were men here and Mr. Babacon never showed up, Dave Moe
was one and he told me that he was waiting for him so he could get paid and that
he would never work for him again. He told me that Mr. Babacon did not know how
to prune trees, he did not have equipment and that he felt sorry for anyone that
hired Hi�hland Park Tree Service because he did not know what he was doing and that
he was gyving other tree and landscaping services a bad name.
On October 22, �984 I wrote a letter to Mr. Murry of the Eye Team,
they called me
back and��said not to g�ve him any more money because the contract read "on job
complete . When he cut the last�'ree down he did more damage, we called his
insurance company and filed another claim, this time, mast for my electric to
the ho�ewas damaged fence and gate smashed, roof damage. Previous to this tree
being taken down, he had called NSP three times to have the line lowered anTheh4th
never showed up, we had to call NSP ourselves to have it turned back on,
time he called to have the line lowered NSP did not come out. At that time my
husband asked him if he still had insurance and he said yes. When I sent the
claims in the second time the insurance comoany informed me that his insurance
was cancelled on 11-8-84 and that they would only pay $444.00 of the first claim
because Highland �ark Tree Service had contracted other people to do some of his
work, we then became aware that he had hired John Junker of Stillwater 430-1699
to do some work. The insurance company said Junker Bros hadfor�ann damagesnt in the
yard and did that damage and that they were not going to pay Y
Now I 'm out -- my yard is still a mess, the work is not completed. I do not feel
-
�F ��- /y� 3
that Mr. Babacon or his company is entitled to the $1000.00 until the job is
complete, but he can not complete the job unless he has insurance and I think
at this point I am entitled to see prove of insurance. When all the work is
completed according to the contract (there is not 2 cords of wood in my yard
either) and all the damages are paid for I would then feel that he is entitled
to the balance. �
�
I was informed today by the license division' (Chris) that on March 27 Mr.Babacon
will have to appear before the City Council for revocation of his license/
� �
, �� �5-�y�
The work to be completed and damages to be paid for:
1. Fill with black dirt, holes where stumps were removed
2. Remove dead branches and limbs frqmtrees
r
3. Leave 2 cords of wood ' �
4. Clean and remove all branches, limbs and twigs from entire yard
5. Pay for all damages that were done by him or anyone he hired that are not
covered by his insurance.
�
. i
j
#
�
F
t
�
t
�
C'.� �r5-���.�
= E IBIT
` �
� �o--���s
March 18, 1985
I, Sandra Beaudt am a neighbor on the South side of Kathy and
Joe Yankovec, 2150 Edgerton St. Joe Yankovec called me the
first part of Sept, 1984 to let me know they had hired a
service to remove some of their trees. Being one of the trees
is about two feet from the side of my cement driveway and
approximately 12 feet from by 3-stall garage, I kept aware
of these 100-year old trees.
In the next 4 months, this service appeared about every two
weeks, never cleaning up 4 - 100 year old trees, over 100 feet
tall , leaving limbs and ropes hanging.
They left limbs, stumps, branches in my yard, and the back-
yard of the Yankovec's about 8 ft high with debris - PACKED.
Joe Yankovec, my sons and others worked to remove the debris
from my yard, so I could use driveway.
Limbs went through the Yankovecs redwood fence, smashed their lamp post,
brought down electric wires, put a hole in their roof, and
damages to the left side of my Buick car.
Words can not describe how the Yankovec yard looked for over 4 months
and still their are holes and branches throughout their yard.
They could not open their back door for a month.
It is unfortunate that this company be allowed to do this to innocent
people. Some of our citizens are helpless and not able to fight in
court for their rights and are just victims. I think about them.
Sincerely,
����)�i-��c��!s�C,
Sandra Beaudet
2190 Edgerton St.
C���.�-�y3s
_ ��--
� EXHIBIT
� �
� t a --�3—�S
March 18, 1985
To Whom It May Concern:
During the time some of the trees were being removed at
2150 Edgerton, I was employed by Highland Park Tree Service. I arrived
at 2150 Edgerton, we worked about 3 hours and left, about a week and
a half later we returned and moved some branches. We were suppose
to leave two cords of wood, but Mr. Babacon had us remove the
wood as we were cutting. As we were removing some of the tree limbs
and branches they hit the roof, I personally saw the damage to the
roof, also branches and limbs smashed Yankovec's fence and their
gas light. Also a lot of branches and limbs fell into Yankovec's
neighbors yard wMich we did not remove. The ladys' car� was
scratched by some of the branches.
I showed up several times for work and Mr. Babacon never
showed up, therefore the crew had to leave, no work was done.
In my opinion I think Mr. Babacon is a fly by night - I
have been in the tree cutting business for at least 5 years. He
butchered their shrubs and bushes, even after Mr. Yankovec told
him not to cut those bushes and shrubs.
I 'm sorry that I could not attend court, but I sincerely
hope this letter helps the Yankovec's.
1
,
� i
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;� ��
CU�!/
/A .��-,
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F;�°���;�'�
1 `'` �,O E K E R & G RAN T
��a:i:.,,t. Cc �'r: `' � .�
'J� ,;.,'::: �;�.
ATTORNEYS AT LAW
(JSS SLP � � g��j �; ��50 METRO DRIVE-SUITE 800
MINNEAPOLIS (BLOOMINGTON) MINNESOTA 55420�
JOMN M. BROEKER (612) 854-5263 W�LL HARTFELDT
DAVID A.ORANT
OF COUNSEL
STEVE M. MIHALCHICK
BARBARA J. BLVMER
SAMUEI D.ORBOVICH ROBERT J. RAU
JAMES W. INGISON LEGAL ASSISTANT
FRANGES L.LONG September �� , 1985 REIMBURSEMENT SPECIALIST
DANIEL E.WARNER
Ms. Chris Schweinler
License and Permit Division
Room 203
City Hall
Saint Paul, Minnesota 55102
RE: Highland Park Tree Service
Dear Ms. Schweinler:
Pursuant to our telephone conversation this morning, I am
enclosing a copy of the letter I wrote your office July 2, 1985,
concerning the above-referenced business. Various events have
occurred since the writing of that letter that have alarmed me
ana my family, that I will discuss below.
As I stated in the enclosed letter, I had stopped payment on
the check I had issued to Mr. Babacon, with the hope of getting him
to perform more promptly and responsibly. Although I had informed
Mr. Babacon's answering service that I had stopped payment, apparently
he did not get the message or did not believe me, because I heard
nothing from him until several weeks later. By that time I had
received my own bank statement showing that the stop payment had
been effective, and I can only assume Mr. Babacon must have received
some similar information. He called me on the telephone demanding
full payment, stating that he had done all the work required and
would have a stump removal person testify in court to that effect.
I told him that I had hired a stump removal person myself and had
paid him for the work done, that I would pay him only for the value
of the work done less the repairs , et cetera, that I had had to make.
He said he would have his attorney contact me.
I decided a few days later to make him a definite offer, beginning
with $200. 00 , to resolve the matter, mainly because I wanted to get
the matter resolved and to get rid of him. I called him, told him I
would write him a check, but that he would have to come to my office
to get it and sign a release. Again I offered him $200 , going up to
$225. He became highly irate, would not discuss or negotiate, and
again said his lawyer would contact me.
On August 2, I received a letter from a David Thoelke, acting
as Mr. Babacon' s lawyer, demanding full payment within seven days.
My attorney, Daniel Warner, contacted Mr. Thoelke and explained the
background in this matter to him. Mr. Thoelke, of course, knew
i
@� �5�_�y3S
Ms. Chris Schweinler
Page Two
September 16 , 1985
nothing of the facts that Mr. Babacon had entered into the contract
on a purely fraudulent basis, had not done the work either well or
in a timely fashion, and had refused to negotiate with me directly.
Mr. Warner offered Mr. Thoelke $180.00 , again for the nuisance value
of the case, and awaited a response.
After four weeks there was no call from Mr. Thoelke. However,
on Sunday, September 1 , 1985, at approximately 1: 45 p.m. , Mr. Babacon
came to my house. I was not at home, and he left his card and a
message with my fifteen-year-old son that I was to call him.
You will note that in the letter T wrote to bir. Babacon telling him
that T was rescinding the fraudulent contract, I instructed him not
to come onto my property. (A copy of that letter is also enclosed. )
On Monday, September 2, 1985, my attorney called Mr. Babacon's attor-
ney and instructed him to tell his client not to come to my house,
that all dealings were to be made through the attorneys. Mr.
Thoelke said he would tell Mr. Babacon.
Yesterday at 6 : 00 p.m. , Mr. Babacon again came to my house.
This time I was home with my twelve-year-old daughter. Mr. Babacon
pounded heavily on my front door which was locked . I saw his jeep
through the window with the lettering "Highland Park Tree Service"
on it, so I knew who was at the door without answering it. I
instructed my daughter to keep out of sight, and then went quietly �
to the back door, which had 3�een standing open, closed it and
locked it. Then I got out of sight. Mr. Babacon then went around
to the back door, gaining entrance by coming through a closed fence
gate and my back porch door, and pounded on that door. He also
turned the handle and pushed hard on the door in an attempt to open
it.
My attorney called Mr. Thoelke this morning and told him to tell
his client that if he comes onto my property again, he will be arrested.
P�Ir. Babacon has been told two separate times and now a third not to
come to my house and not to harrass me. His actions are uncalled for,
and I will not tolerate his attempts at intimidating me and my chil-
dren. If he had simply responded through his attorney in the beginning
of August, this matter would have been resolved. The reason it drags
on is because of his own refusal to act appropriately.
I understand there will be a hearing on September 25, 1985, at
10: 00 a.m. concerning the licensure of Mr. Babacon. I will be glad
to testify to the effect that he should not be licensed. If you have
any questions concerning any of the above, please feel free to call
me at my office. i�iy home address is 2219 Eleanor Avenue, Saint Paul,
Minnesota 55116.
Sincerely, %
_.-.-�-�° i
...�'�'1�_ �
Frances L:� Long
Enclosures
� �/= �-''.�-�y3�
Z aD N
s E HIBIT
B R O E K E R & G R A N T � �
ATTORNEYS AT LAW � O��3 ��
2650 METRO DRIVE-SUITE BOO
MINNEAPOLIS (BLOOMINGTON) MINNESOTA 55420
JONN M. �ROEKER (6t2) B54-5263 yy��L MARTFELDT
DAVID A.ORANT
O/ CODUSEL
STEVE M. MIMALCMICK
YAPIOARA J. �LUMER
ROBERT J. RAU
SAMU[L D.OROOVICN
JAMES W. INGISON LEG.�L wS5i5T�NT
FRANCES LON6 ROBINSON JU�y � � 1985 AE�MBVRSEMENT 5>FCinliST
DANICL [.WARNER
Mr. Huseyn Babacon
Highland Park Tree Service
1926 Portland Avenue
Saint Paul, Minnesota 55104
Dear Mr. Babacon:
This letter is written notification that I am rescinding
the contract made between us on June 19 , 1985. That contract
was based on misrepresentations you made to me that you are
licensed, insured, and bonded. I entered into this contract
solely on the basis of these misrepresentations. In conversa-
tions yesterday with the City Forester' s Office and with the
License and Permit Division of the City of Saint Paul, I
learned that your license has been revoked because you failed
to show evidence of being insured. Therefore, the contract
is hereby rescinded.
You are not to do any further work for me, nor to come
onto my property. I have been asked by the License and Permit
Division to report to them if you return to do any work, and I
have agreed to do so.
Any payment made to you by me will be based on the value
of the work you have done to this point, reduced by the amount
it will cost me to have all damage that you have incurred to
my yard repaired. This includes, but is not limited to, repair-
ing the fence and having it reinstalled, repairing the ruts made
by your allowing heavy logs and other debris to lie in the yard
for over a week, and loss of enjoyment of the property for the
two weeks that it has been in disarray. Such payment, if any,
will be made after all repairs have been made.
Very truly yours,
.
�
Frances Long Robinson
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.
• �� �Y� I�3 S°
B R O E K E R & G R A N T
ATTORNEYS AT LAW
2B50 METRO DRIVE-SUITE BOO -
MINNEAPOl15 (BLOOMINGTON) MINNESOTA 55420
JOMN M. �ROEKCR (6�2) 854-5263
WILL NARTFELDT
DAVIO A.6�iANT
OF COUNSEL
STEVE M. MIMALCMICN
■AROARA J. ■IUMER
iAMUEL D.OMBOVICM F10BERT J. RAU
JAMC6 W. IN6150N July �� 19 85 �EGAI ASS�ST�.HT
FRANCEf LONG AOBINSON R[iN�uRSEMENT SPEC�.�LiST
DANtCL [.WARNER
License and Permit Division
Room 203
City Hall
Saint Paul , MN 55102
RE: Highland Park Tree Service
Dear Sir or Madam:
You have asked that I write this letter to relate to you
my experience with dealing with the above-referenced company.
I had an elm tree in my back yard that was dying and had to be
removed. I asked the City Forester Office to give me names of some
reputable business people in order to get estimates , but the person
in that office refused to do so. I then referred to the . telephone
book and to the local paper, the Highland Villager, and got the
name of Highland Tree Service. I called the number given in the
advertisements , and spoke to Huseyn Babacon concerning the work that
needed to be done. I asked him on the telephone if he was insured
and bonded, and he said yes . He arrived in the middle of the day
on Wednesday, June 19 , with a crew. My daughter called me at work
to tell me he had �arrived. I told her to get the head man to the
telephone , because we had no agreement. Once again, I asked him if
he was insured and bonded, to which he responded that he was . That
evening I asked again, and got the same answer.
The workmen cut approximately two-thirds of the top of the tree
down, and left my back yard full of debris . I called Mr. Babacon
on Thursday, twice on Friday, and he told me his workers would be
back on Saturday. They did not return, and part of my fence blew
down from being loosened by logs falling against it and strong winds .
I called Mr. Babacon on Saturday, and he assured me his people would
have the work completed by the end of the day on Monday. They did
arrive and work for a few hours on Monday, but did not complete the
job and again left the back yard full of debris . They also removed
two more portions of my fence. I stopped payment on the check I
had given Mr. Babacon the previous Wednesday in partial payment for
his services , and called again. The men returned Tuesday and took
away all the debris , but again did not remove the stump nor do any
of the other work we had agreed to. The fence was left down.
Mr. Babacon has not returned since Tuesday, June 25 , inspite
/ �
- ����-/�.�S
License and Permit Division
July 2 , 1985
Page 2
of numerous phone calls. He did respond to one of my calls when
I threatened to notify the Better Business Bureau, the Chamber of
Commerce, and the Highland Villager. That was last Friday night,
June 28. He assured me at that time that his men would return on
Monday, July 1, and complete the job by the end of the work day.
They, of course , did not show up.
There are large ruts in my yard where logs were allowed to fall
and to lie for over a week. My fence has been torn down, and has
not been put back up. Two of the spokes in the fence are broken.
The other work agr.eed to has never been begun. I called the City
Forester' s Office yesterday to inquire as to the standard procedure
in removing a tree, and was told that it should take no more than
one or two days. The forester to whom I spoke asked me who had
been working on my tree , and then informed me that Mr. Babacon had
had his license revoked because he was not licensed. I then called
your office to verify this information.
I have called Mr. Babacon this morning to inform him that I
am rescinding the contract based on his misrepresentations concerning
licensing and insurance. He hung up on me in the middle of my trying
to tell him, after interrupting me a number of times. I called again
later and left the complete message with his answering service.
I will have a letter giving him written verification of the
rescission of the contract served on him today.
Mr. Babacon has misrepresented to me on numerous occasions
the status of his licensure. He has �told me on numerous occasions
that the work will be done. He has told me that not only will the
work be done, but that it will be done on certain days. None of
this has turned out to be true. In my opinion, he has been
unscrupulous and deceitful in all his dealings with me.
If there is any further information you would like to have
concerning this miserable situation, please feel free to call me.
Sincerely, �
._._ _ � .��^ •
�
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�� . France�Lo g R nson
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