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To put this case all on the Record, all Discovery, both Requests and Responses were filed with the Clerk of the Court by the Defendant Pro Se, not just the Certificates of Service.
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AFFIDAVIT FROM ROBYN MCKINNEY, REGARDING INSPECTION HARRASSMENT BY JOHN TABOR, VIDEO AND PHOTOGRAPHS TAKEN AT INSPECTION

AFFIDAVIT OF ROBYN MCKINNEY (Amended May 12, 2007)

STATE OF GEORGIA
COUNTY OF GWINNETT
Personally appeared before the undersigned officer authorized to administer oaths, comes Robyn McKinney, who after having been duly sworn, deposes and states:

1.
I am over the age of 21 years and I am the Defendant?s spouse in this action. I reside at 4083 Red Laurel Way, Snellville, Georgia in Gwinnett County. I am of sound mind and body and have personal knowledge of the matters stated below.

2.
I was present at all meetings and participated in all discussions with John Tabor regarding the work that was to be contracted for with him. I was present at and participated in all discussions with John Tabor with regard to the contract signing on August 23, 2004. I was present during the time John Tabor?s people worked on the home.

3.
I was present during the failed walkthrough inspection on December 15, 2004 when John Tabor cursed at my husband and I and refused to hear out any concerns with the defective work.

4.
I was present during all inspections done of the defective work during the years 2004, 2005 and 2006. I was present for the court ordered home inspection conducted by Plaintiff on July 5, 2006.

5.
Nathan Gooch of Macon Gooch Building Consultants, Inc.who prepared an inspection report regarding the defective work was present for the court ordered inspection on July 5, 2006 also.

6.
Nathan Gooch and I escorted Mrs. Tabor's party of 4 persons around the exterior and interior of the home for inspection of the defective work. John Tabor, Mrs. Tabor?s husband, was one of the individuals.

7.
Prior to the inspection I prepared a checklist of all the known issues with the work for Mrs. Tabor and her inspectors to look at. I attached a large piece of red tape as a marker at each location of an issue for inspection. I wrote the numbers 1 to 95 on the red tape markers for purposes of identification of evidence.

8.
John Tabor carried a video camera and digital camera with him as he walked around during the inspection. John Tabor took video pictures and at least 13 still pictures of various scenes at the inspection.

9.
I saw only John Tabor directing the aim of his cameras. I heard John Tabor instructing one of his consultants, Mike Entinger, to open and close each window so he could take a picture of it being done. There were 13 windows in the house.

10.
I never saw or heard Mrs. Tabor direct her husband, John Tabor to take a video picture of anything at the home inspection. I never saw or heard Mrs. Tabor direct her husband; John Tabor to take any still photographs of anything at the home inspection.

11.
I never saw or heard Mrs. Tabor express any questions or confusion she had regarding what she saw or that was being drawn to her attention by the red tape markers or the checklist. Mrs. Tabor did not ask me questions about what was on the checklist or what was marked with the red tape. I witnessed Mrs. Tabor basically walking around with everyone else saying very few words at all about the work.

12.
I felt harassed by John Tabor at the home inspection from the way he was using his video camera. I saw John Tabor aiming his video camera at things in my home having nothing to do with the work. I never gave John Tabor permission to video tape anything in my home.

13.
I felt intimidated by John Tabor's conduct at the home inspection when he blocked my way using his body in an intimidating fashion inside my home. I observed Mrs. Tabor at one point smack her husband on the arm and I heard her tell him ?That is not going to help, John!?  

14.
I heard John Tabor make comments while watching him aiming the video camera. I believed that the video was being made as evidence when I heard John Tabor say the words ?Let the record reflect, they blocked our access to this window.?  

15.
I placed copies of the photographs I had taken of the defective work out in clear view on a table to be examined by Mrs. Tabor at the home inspection. Mrs. Tabor viewed the photographs at my insistence. Mrs. Tabor did not ask to be given copies of the photographs shown to her at the home inspection.

16.
Mrs. Tabor did not ask me any questions regarding the defective work or what I had taken photographs of at the deposition she took of me on August 9, 2006.

17.
I witnessed Scott Berlyoung take many photographs at the court ordered home inspection on July 5, 2006. A particular photograph I witnessed Scott Berlyoung take was of the vinyl siding interface with the sliding window over the kitchen sink. The photograph was taken from the outside to show the wall studs that are exposed to the weather and the cut window screen. I specifically asked Scott Berlyoung to look at this area. That photograph in particular is not shown in the report Mr. Berlyoung produced for John Tabor.

I closely examined each of the images that appear in Mr. Berlyoung?s report. I believe photographs #1, 2, 3, 6, 7, 8, and 10 shown on pages 8 and 9 show signs of being touched up, altered or edited in some way. Image #1 was taken with lighting present however in the report it appears darkened. In image #2, 3, and 6 some of the window grids appear to be missing. In image #7, 8, and 10 some of the red tape markers and yellow caution banners that I put in place appear to be smudged out or removed.
Plaintiff did not provide Defendant with a copy of Scott Berlyoung?s report from the court ordered home inspection held on July 5, 2006 until August 29, 2006. A copy of Scott Berlyoung?s Champia Real Estate Inspection Report received from Plaintiff was filed with the court on August 30, 2006. A true and correct copy of pages 8 and 9 are attached as Exhibit ?A?.

On July 25, 2006 Plaintiff filed with the court a copy of an email message apparently addressed from Scott Berlyoung to John Tabor, dated July 10, 2006. This email message contains the notations ?sorry so late? and ?Attachment: 10489-tabor-070506.pdf. (0.27MB).? A true and correct copy of the email message is attached as Exhibit ?B.?

18.
Based on my personal knowledge and participation in all the events regarding this contract beginning in July 2004 up to the present, I can attest to facts and information I communicated to John Tabor before and after the signing of the contract. Plaintiff has not stated my name when responding to Interrogatory No. 19 requesting the names of all individuals with knowledge of discoverable matters. I told John Tabor before and after the contract was signed that I was the one that he needed to be satisfied with his work. I told John Tabor before and after the signing that this was my home for more than 20 years and I planned to stay here.  

19.
Attached, as Exhibit ?C? is a true and correct copy of an email message from Jana Tabor to Ron McKinney, dated October 12, 2005. It was sent to an email address I share with Ron McKinney. The message was received in response to Defendant?s dispute over Plaintiff?s discovery responses. In the third paragraph, the words ?i assure you that my responses comport with the civil practice act? are written.

FURTHER AFFIANT SAYETH NOT.


_____________________________
Robyn McKinney

Sworn to and subscribed before me
this ____ day of ____________ 2007,

__________________________
Notary Public My commission expires:



9/25/06
AFFIDAVIT OF RON MCKINNEY

STATE OF GEORGIA
COUNTY OF GWINNETT
        
Personally appeared before the undersigned officer authorized to administer oaths, comes Ron McKinney, who after having been duly sworn, deposes and states:

1.         I am over the age of 21 years and I am the Defendant in this action. I reside at 4083 Red Laurel Way, Snellville, Georgia in Gwinnett County. I am of sound mind and body and have personal knowledge of the matters stated below and that to the best of my knowledge and belief what is stated is true. I am competent to testify to all things stated in this affidavit.

2.         Attached hereto as Exhibit A is a true and correct certified copy obtained from the Clerk of The Superior Court showing the false Affidavit of Jana B. Tabor apparently dated August 16, 2006 with the Exhibits removed. This affidavit contains statements that are not true.

3.         Attached hereto as Exhibit B is a true and correct copy magnified 200% I personally made from Exhibit A

4.         Attached hereto as Exhibit C is a true and correct copy of the "Business Information Printout" concerning Insulated Wall Systems, Inc. I printed directly from the Georgia Secretary of State (SOS) website and a true and correct copy of the Incorporation documents of Insulated Wall Systems, Inc. obtained from the SOS website.  It shows Robert L. Tabor is the Secretary and Registered Agent for Insulated Wall Systems, Inc. and that the corporation is active but in noncompliance.

5.         Attached hereto as Exhibit "D" is a true and correct certified copy of the Affidavit of John Tabor dated July 27, 2005, notarized by his brother/secretary of his corporation Robert L. Tabor. The notary stamp clearly shows the expiration date of January 6, 2006 and it shows no attempt was made to conceal it. This affidavit contains statements that are misleading.

6.         Attached hereto as Exhibit "E" is a true and correct copy of the :Certificate of Appointment of Notary Public" that was mailed to me from the Georgia Superior Court Clerks Cooperative Authority along with the cover letter written by Peter Keesom.

7.         Attached hereto as Exhibit "F" is a true and correct copy of the front of the envelope showing a Gwinnett County postmark of 30026 in which I received Plaintiff's Motion to Compel, which included the false Affidavit of Jana B. Tabor. Attached as a second page to this Exhibit is a printout from the Internet showing the county location of the postmark 30026 and the third and fourth pages are Mrs. Tabor?s ?Notice of Filing? and ?Certificate of Service? dated August 16, 2006 in which she certifies filing the affidavit and to whom and how she delivered the package containing the false affidavit.

8.         Attached hereto as Exhibit "G" is a true and correct copy of the money order receipt in the amount of $800 I purchased and sent to Shiver and Nelson for Mr. Shiver's professional services. Also included with Exhibit "G" is the post office receipt for the money order. I ask that I be awarded the cost of obtaining the proof of the falsity of Mrs. Tabor?s affidavit.

9.         I was informed in 2004 that Robert Tabor is John Tabor?s brother, by both John Tabor and Keith Payne; one of Plaintiff's workers.

10.       I worked for 8 hours preparing Defendant's Second Motion for Severe Sanctions. At the usual and customary rate for an attorney of $200.00, I ask to be compensated for my time in the amount of $1,600.00. Prior to my retirement my time was billed at a rate of $200.00 per hour for my Engineering Services. The rate of compensation and time spent is reasonable and customary for an attorney to charge for the same time spent and under similar circumstances.

FURTHER AFFIANT SAYETH NOT.

_____________________________
Ron McKinney


Sworn to and subscribed before me
this ____ day of ____________ 2006,

__________________________
Notary Public
My commission expires:

AFFIDAVIT FROM ROBYN MCKINNEY REGARDING HARRASSMENT OF HER DONE BY JOHN TABOR
  
8/22/06
AFFIDAVIT OF ROBYN MCKINNEY  

STATE OF GEORGIA
COUNTY OF GWINNETT
Personally appeared before the undersigned officer authorized to administer oaths, comes Robyn McKinney, who after having been duly sworn, deposes and states:

1.
I am over the age of 21 years and I am the Defendant?s spouse in this action. I reside at 4083 Red Laurel Way, Snellville, Georgia in Gwinnett County. I am of sound mind and body and have personal knowledge of the matters stated below.

2.
In the summer of 2004, Ron McKinney, my husband put me in charge of getting a remodeling project done on our residence.

3.
Prior to that time I worked for Home Depot for more then five years as a kitchen designer. I designed and oversaw the installation of kitchens priced as high as $50,000. I worked closely with the vendors, manufacturers, installers and contractors to ensure that the kitchen installation was a success. One of my responsibilities dealt with communications between the customer and any installers or contractors. I went onsite to personally do inspections, and to attempt to resolve any and all issues that might arise.  

4.
On numerous occasions both on and before August 23, 2004 Mr. John J. Tabor was informed that I would act as the McKinney project liaison.

5.
On numerous occasions both on and before August 23, 2004 Mr. John J. Tabor stated and it was understood by me that John Tabor would be the Project Manager and Project Coordinator of our project.

6.
On July 5, 2006 I escorted Mrs. Jana Tabor and Mr. John J. Tabor and two (2) people they brought as consultants to my residence to inspect the defective work. Mrs. Tabor was informed and knew ahead of time that I would be the one escorting. Mrs. Tabor never complained about my participation prior to or during the inspection.

7.
On December 15, 2004 at the failed attempt at a walk through, Mr. John J. Tabor insulted and mocked my husband and me when we pointed out serious problems with the work that we learned from having an inspection done.

8.
In a letter dated January 4, 2005 addressed to my husband and me, Mr. John J. Tabor again insulted us and accused us both of being ?ignorant?, ?unreasonable? and ?fools.? Mr. Tabor states in his letter that he doesn?t care what our inspector said.

9.
Mr. John J. Tabor used his body in a menacing manner to intimidate me in my own home on July 5, 2006. I observed Mrs. Tabor at one point smack her husband on the arm and I overheard her tell him ?That is not going to help, John.? I overheard Mr. Tabor making derogatory comments while he video recorded things inside of my home without my permission.

10.
On July 27, 2006 the date of my husband?s deposition, Mr. Tabor directed us to go next door instead of the location stated in the Notice of Deposition. Mr. Tabor then used his body in a menacing manner to attempt to block my movement into the building and to keep me from my husband?s side.

11.
Mr. John J. Tabor attended my husband?s deposition, however he did not remain in the deposition room the whole time. Mr. Tabor entered and left the room on many occasions. Each time he came out he used the opportunity to menace, harass, insult and intimidate me while my husband was preoccupied in the deposition room.

12.
During one incident, Mr. Tabor threatened to call the police to have me arrested while I sat quietly in a chair waiting on my husband. After which he blocked my passage in an attempt to prevent me from getting to the room where my husband was.

13.
At another time Mr. Tabor stopped as he walked near where I sat, to verbally insult and demean me by exclaiming out loud how he could not get past where I was sitting because I was too big.

14.
Each time Mr. Tabor left or returned to the deposition room, he made menacing and threatening faces at me. At one point he actually bent down to get in my face to make sure I saw him. My husband witnessed Mr. Tabor bending down in my face but he was quickly ushered back into the deposition room by Mrs. Tabor before we could speak.  

15.
I complained loudly to Mrs. Tabor about her husband?s harassing behavior toward me. Mrs. Tabor acknowledged that I was very upset. Mrs. Tabor repeatedly admitted out loud that she ?cannot control? and she has ?no control over? her ?husband?s behavior.? I stated that I would not allow myself to again be subjected to her husband/client?s intimidation of me if she wanted a deposition of me. I stated that she had better find a way to keep her ?husband? away from me or I would be asking the court to exercise control over her client?s behavior for her.

16.
Mr. Tabor?s behavior and words were overheard and witnessed by Ms. Barbara Speed, a sales associate in the office of Casey and Associates Real Estate. Ms. Speed made the statement to me that she had ?never seen such unprofessional behavior.?  

17.
I created the document called SUMMARY OF EVENTS MCKINNEY PROJECT INSPECTION on July 5, 2006 after the inspection. I do not know if my husband saw any of the events. The wording with regard to Defendant should have stated, ?Ron McKinney, Defendant, was available.? The document contains my name under a signature line.    

18.
In my opinion and based on my experiences, Mrs. Tabor acted unprofessionally at the inspection. Mrs. Tabor showed disrespect for me by not asking my permission to video record the inside of my home, by not introducing to me a man she expected to take into my home, and by refusing my request for identification of persons in her party, and by not having her party sign a sign-in sheet I provided to her.

19.
After my many years of experience working at Home Depot and being apart of the inspection processes and dealings with customer complaints, it is my opinion that what occurred on July 5, 2006 was not a valid inspection.  

20.
Mrs. Tabor did mention something to me as she was leaving. What I understood Mrs. Tabor was saying to me was that if my husband wanted to contact her consultants he needed to do it through her and that if she decided to use these persons as experts she would designate them at that time.

21.
At no time on July 5, 2006 did Mrs. Tabor ask to speak to my husband or if my husband was at home.  

22.
On July 5, 2006 I sent an email on my own initiative and on my own behalf to Mr. Berlyoung to thank him for his courteous and professional behavior at my home and to explain the confusion concerning his employer. I did not ask for approval from my husband. I did not tell my husband the email had been sent.

23.
On July 6, 2006 I sent an email on my own initiative and on my own behalf to Mr. Lynn White whom I have communicated with for over a year. I requested his assistance to verify if Mr. Entinger was present at my home. I did not ask for approval from my husband. I did not tell my husband the email had been sent.

24.
On or around November and December 2004, I began searching for the truth regarding argon gas in the windows. I spoke to several individuals at the Ted Lansing Buford location. I spoke to a ?Joseph?, who told me he would have John Tabor call me back. John never called me back. On or around January and February of 2005, I spoke with a ?John?, ?Debbie?, and ?Joseph? at Ted Lansing Buford location. I told them I was seeking assistance in having the windows remade with the argon gas. I was unsuccessful in getting any assistance from the people at the Ted Lansing, Buford location.

25.
I eventually made contact with Mr. Lynn Whyte in the legal department at Ted Lansing Building Products on or around July 2005. Mr. Whyte suggested that I call the Buford location and speak to Mr. Mike Entinger, which I did. Over the past year Mr. Whyte has provided information tome by US mail, by emails and by phone. Mr. Whyte eventually revealed the facts to me regarding the windows having not been ordered with argon gas. Mr. Whyte gave permission for Chris Reilly at Atrium to assist me. In December 2005 Mr.Whyte provided an affidavit in which he states the windows do not have the argon gas.  Attached hereto as Exhibit ?A? and Exhibit ?B? are true and correct copies of letters I received from Mr.Lynn Whyte and Mr. Chris Reilly. They are evidence of my contacts established with Ted Lansing Building Products and its window supplier prior to Mrs. Tabor?s selection of Mr. Entinger as a consultant.

26.
I spoke to Mr. Entinger on the phone over a year ago. I was unable to get him to speak the truth about the windows. Mr. Entinger withheld facts that he possessed regarding the order for the windows. I was getting frustrated with all the run around and asked for his help, but Mr. Entinger did not offer to help me get the window sashes replaced with ones containing the argon gas like we wanted.

27.
Mr. Entinger revealed to me on the phone on or about August 2005 that John Tabor and Insulated Wall Systems, Inc. are his customers at the Buford location of Lansing Building Products.

28.
The Defendant instructed me to have no further contact with Mr. Berlyoung or Mr. Entinger on July 15, 2006.

29.
I have never presented myself to anyone as Ron McKinney?s attorney or legal counsel. I have never signed any pleadings filed in this case. I am Ron McKinney?s wife, secretary, file clerk, and investigative research assistant, for which I have not been paid.

30.
I did not state to Mrs. Tabor that Nathan Gooch was?our expert.? Mrs. Tabor asked very few questions of Mr. Gooch and me. I prepared a detailed checklist for the areas of my concerns with the work and I provided a copy to everyone present. I marked each location with red tape containing numbers from 1-96.  

31.
Attached hereto as Exhibit ?C? is a copy of the business card presented to me by W. Scott Berlyoung at the inspection. Mrs. Tabor continued to maintain at the inspection that Mr. Berlyoung?s businesscard had said ?House Smart? on it and that she knew nothing about ?Champia.? Mrs. Tabor did not ask Mr. Berlyoung for a new card when he introduced himself to me and gave me his card showing he works for ?Champia Real Estate Inspections.?

32.
Mrs. Tabor misquotes my statement in the email to Mr. Whyte on page 3 of her brief where she writes: ?The person being [introduced] to me as Mr. Entinger did nothing of the sort.? My email to Mr. Whyte actually reads in part: ?The person who was being [represented] to me as Mr. Mike Entiger did nothing of the sort.? I further state in the email: ?Not the conduct I would be expecting to come from a manager of a Ted Lansing location, knowing he is a person unknown to me, and yet expecting to be granted access to my home.? I found Mrs. Tabor?s and Mr. Entinger?s behavior not only strange, rude, and unprofessional but highly suspect. Mr. Entinger?s behavior coupled with the fact that he did not make any inquiries about our complaints with the work made it clear to me he was not at my home as any kind of industry expert or inspector.  

FURTHER AFFIANT SAYETH NOT.


_____________________________
Robyn McKinney


Sworn to and subscribed before me
this ____ day of ____________ 2006,

__________________________
Notary Public My commission expires:

8/22/06
AFFIDAVIT OF RON MCKINNEY  

STATE OF GEORGIA
COUNTY OF GWINNETT

Personally appeared before the undersigned officer duly authorized by law to administer oaths, comes Ron McKinney (Affiant)who after having been duly sworn, deposes and states as follows:

1.
My name is Ron McKinney. I am over the age of eighteen years and otherwise competent to provide this Affidavit.

2.
I am the Defendant in this case.

3.
Attached hereto as Exhibit "A" is a true and correct copy of a letter dated June 27, 2006, I received from Jana. B. Tabor on or about July 1, 2006 concerning the property inspection scheduled for July 5, 2006.

4.
Attached hereto as Exhibit "B" is a true and correct copy of the NOTICE OF ENTRY UPON AND INSPECTION OF PHYSICAL PROPERTY dated June 27, 2006, I received from Jana. B. Tabor on or about July 1, 2006 concerning the property inspection scheduled for  July 5, 2006.

5.
After a thorough search of the requirements of the Georgia Civil Practice Act I determined that an inspection of physical property is not considered a legal proceeding and therefore there can be no requirement for me as the Defendant to be present.

6.
Prior to and on August 23, 2004, during the signing of the contract with Insulated Wall Systems, Inc., it's agent, John Tabor, was informed by me that Robyn McKinney would be acting as my project liaison for this project. In addition, John Tabor was informed that his point of contact for all matters concerning the work would be Robyn McKinney. Robyn McKinney was present at all meetings with Mr. Tabor.

7.
The email address rmckin2146@aol.com is shared between Ron McKinney and Robyn McKinney.

8.
Attached hereto as Exhibit "C" is a true and correct copy of an email entitled "Re: homeinspection"; dated 6/27/2006 that I sent to Mrs. Tabor at the email addressjanatabor@hotmail.com and it is concerning the up coming inspection.

9.
Attached hereto as Exhibit "D" is a true and correct copy of an email entitled "Re: Noticeof Entry Received by Email" dated 7/1/2006, which I sent to Mrs. Tabor at the email address janatabor@hotmail.com.A copy was sent to F. Scott Young at the email address fsy@bayatl.com.

10.
Attached hereto as Exhibit "E" is a true and correct copy of a letter I received from John J. Tabor and addressed to Mr. and Mrs. McKinney and dated January 4, 2005. This letter was originally filed with the court as part of my counterclaim. The letter has been admitted as genuine by the Plaintiff and is placed here for the Court's convenience.

11.
Attached hereto as Exhibit "F" is a true and correct copy of a letter from John J. Tabor to Andy Binegar dated March 4, 2005. This letter was originally filed with the court and Plaintiff on June 14, 2006 as part of a "Notice of Filing Discovery." This letter is placed here for the Court's convenience.

12.
I personally witnessed Mr. Tabor's emotional blow upon December 15, 2004 during an aborted walk through inspection of the work where Mr. Tabor stated "I don't have to put up with this bullshit, I'll see you in court."

13.
Mr. Tabor told me unprovoked at my deposition on July 27, 2006 with Mrs. Tabor present, to "shut up" not once but twice. This occurred prior to the beginning of the deposition.

14.
I personally witnessed Mr. Tabor physically stand in the way of Robyn McKinney as she attempted to enter 4175 Clairmont Road, Chamblee Georgia.

15.
I personally witnessed Robyn McKinney proclaim loudly to Mrs. Tabor that Mr. Tabor was threatening to call the police and have her arrested.

16.
At my deposition of July 27, 2006 Mrs. Jana Tabor stated to me "John is very emotional aboutall of this."

17.
At my deposition of July 27, 2006 Mrs. Jana Tabor proclaimed that she "could not control her husband." She stated this not once but several times. One of the statements is recorded on a digital recording that I made and it should be on the record of my deposition, even though she stated after the proclamation the words "move to strike." The other proclamations were made outside the deposition conference room and witnessed by Robyn McKinney and Ms. Barbara Speed.

18.
During the property inspection I remained in my workshop working the entire time. There is a window that faces the back of the house.

19.
I have never contacted Mr. Berlyoung or Mr. Entinger.

20.
I have never asked anyone including Robyn McKinney to contact either Mr. Berlyoung or Mr. Entinger on my behalf.

21.
The first I heard of Mrs. Tabor's expert designation of Mr. Berlyoung and Mr. Entinger was when I received on or about July 15, 2006 PLAINTIFF'S SECOND ADMENDMENT TO DEFENDANT'S FIRST CONTINUING INTERROGATORIES dated July 13, 2006. It is attached hereto and labeled Exhibit "G."

22.
Upon receiving the document identified in paragraph 21 of this Affidavit I informed Robyn McKinney not to contact either Mr. Berlyoung or Mr. Entinger.

23.
During my deposition of July 27, 2006 Mrs. Tabor asks me this question: "Have you ever heard the phrase "breach is good?" My response was no.

24.
Upon returning home I did a "Google" search of the phrase "breach is good" and found a reference to it in a Harvard Law School class on contracts taught by Elizabeth Warren and using the text "Cases and Materials on Contracts, 2nd Ed(American Casebook Series)(2001), Authors, Robert W. Hamilton, Alan Scott Rau,Russell J. Weintraub. The phrase was found under the heading (e) "Efficient Breach" and subsection (vi) and states "Posner caught between the differing views of bargain theory and moral theory on intentionality when he says efficient breach is good but rules out ?opportunistic breach? because in reality, all efficient breach is opportunistic." I also noticed that subsection (v) states, "Moral theory does not allow efficient breach." I did not print the contents of this curriculum due to the copyright notices that appear on that page.

25.
Plaintiff's admits that John J. Tabor is educated in law, in response to 2nd Admission Number #33. Defendant's 2nd Request for Admissions was previously filed at the time the request was made and Plaintiff?s response to these Admissions was filed on August 3, 2006 under a NOTICE OF FILING DISCOVERY.  

26.
Attached hereto and labeled Exhibit "H" is the Affidavit of Lynn K. Whyte for the court's convenience. It was originally filed with the Court on April 13, 2006 under a NOTICE OF FILING ORIGINAL AFFIDAVIT AND DISCOVERY.

27.
Attached hereto as Exhibit ?I? is a true and correct copy of an email dated June 20, 2006, I received from Jana Tabor concerning her retirement and change of address.

28.
My wife, Robyn McKinney, has agreed to be my secretary, file clerk, work liaison and research assistant during this lawsuit until a determination is made whether she should be made a party to protect her own interests.

29.
I was quoted $24 per window for the argon gas option on the windows.
FURTHER AFFIANT SAYETH NOT.          

___________________________
Ron McKinney


Sworn to and subscribed before me
this ____ day of ____________ 2006,

__________________________
Notary Public
My commission expires:

































































 

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