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B-School Prof. Says Suit Settled

Denies Salary Is Docked

A Business School professor charged in a civil lawsuit with failing to pay a California bank nearly $2.7 million denied yesterday that his University salary was ever docked as part of a court order and said the case has been "totally resolved."

In March, 1992, Visiting Professor of Business Administration Marc J. Epstein and two codefendants were ordered by a Los Angeles Superior Court judge to pay $2,694,463.25 to Mitsui Manufacturers Bank.

The defendants had allegedly defaulted on a $1.5 million loan. At the time of the court's ruling, Epstein was a professor at the business school of Yeshiva University in New York.

Last month, exactly one year after the California court's decision, the bank again filed charges against Epstein in Middlesex County Superior Court, charging him with failing to satisfy the judgment.

The second suit also named Epstein's new employer, Harvard University, as a trustee in the complaint.

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In a preliminary ruling, Middlesex Superior Court Judge Paul A. Chernoff ordered Harvard to withhold Epstein's salary for one week.

According to an official with Mitsui Manufacturers Bank, the Middlesex County court later ordered that Epstein's Harvard salary be docked. Harvard must pay the bank $13,000 annually in equal monthly installments, to be deducted from Epstein's paycheck, said the official, who spoke on condition of anonymity.

Reached by telephone yesterday at the Hamburger Bors hotel in Turku, Finland, the visiting professor denied the claim.

"I think that is incorrect...That is not true," Epstein said.

But Epstein acknowledged that the case against him has been settled.

"That was resolved months ago," said the visiting professor, who is in Finland attending a conference. "There is nothing going on at the court as far as I'm aware."

Epstein declined to comment on the nature of the case, other than to say that he did not take out a loan from Mitsui Manufacturers Bank.

"I guaranteed a loan for someone else," Epstein said. Named in the original suit as co-defendants along with Epstein are Western Consulting Group Inc., and Western Business Investors Inc., both California corporations.

Epstein said last month's action, resulting from an ex parte motion brought by the bank, did not hold up his paycheck because he was not scheduled to be paid that week. He said the dispute was settled the following week, and never involved Harvard.

"It's a long, complicated thing...It's a personal case. It has nothing to do with the Harvard Business School and the University, I think, would agree with that," Epstein said. "The University did not even appear at any of these cases."

The Mitsui Manufacturers official also said yesterday that the bank feared Epstein might try to evade the judgment by moving. In an affidavit filed in March with the Middlesex County court, bank Vice President Karen Willey had said she thought Epstein was likely to leave Massachusetts upon being informed of the lawsuit.

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