Free Brief in Support of Motion - District Court of Colorado - Colorado

Case 1:01-cv-02018-RPM-MJW

Document 647-8

Filed 03/01/2006

Page 1 of 2

Herbert Walter, II, Volume I
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Page i

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-M-2018 (MJW)

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APARTMENT INVESTMENT AND MANAGEMENT COMPANY, a/k/a AIMCO, a Maryland corporation,

Plaintiff,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., a Pennsylvania corporation, SECURITY INSURANCE COMPANY OF HARTFORD, a

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Connecticut corporation,
FIRST CAPITAL AGENCY, INC., d/b/a FIRST CAPITAL GROUP, a New York corporation, NATIONAL PROGRAM SERVICES, INC., a New Jersey

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corporation,
VITO B. GRUPPUSO, a New Jersey resident, and ROGER METZGER ASSOCIATES, a New York corporation,

Defendants
and
ROGER METZGER ASSOCIATES, a New York corporation, Third-Party Plaintiff,

v.
RAY BALDWIN, a Texas resident, SWAIN & BALDWIN INSURANCE, INC., a Texas

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corporation,
Third-Party Defendants

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and
ROGER METZGER ASSOCIATES, a New York corporation, Third-Party Plaintiff,

v.

--.~_... Calderwood-Mackelprang, Inc. 303.477.3500

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Case 1:01-cv-02018-RPM-MJW

Document 647-8

Filed 03/01/2006

Page 2 of 2

Herbert Walter, II, Volume I

Page 126

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A.

Other than that it was disbursed from

2 AFCO and repaid by AIMCO to AFCO, I did not review

3 documents beyond that relationship.
4

Q.

Okay. And I'm only interested now in,

5 if you will, the flow of the money from AFCO up the

6 chain somewhere, not what came back to AFCO, but

What 8 documents or evidence did you see with respect to
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just the money that went up the chain.

9 where the $31.7 million went fromAFCO?
10

A.

Other than references to it, for

11 example, the e-mail that I've mentioned before, I
12 don't recall any specific documents that show where
L3 it went after - - nor did I look for any such

14 documents that would follow that trail after it left

15 AFCO or the component of that that left AIMCO.
16
Q.

And so, for example, you did not see

17 any documents that confirmed the receipt of any of
18 the AFCO money by Security of Hartford?
19
A.

As a for-example, no, I neither looked

20 for such documents nor saw such documents that I

21 recall.
22
Q.

And is it also true that you did not

23 see any documents that would show any receipt of any

24 of that money by First Capital?
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A.

I would give the same answer.
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Calderwood-Mackelprang, Inc. 303.477.3500