Philip Pierce
Attorney at Law
501 Madison Avenue
New York, N.Y. 10022
Tel: (212 751-7555
Fax: (212) 371-2131

October 23, 1995
VIA FAX NO. 620-5651

Mr. Kenneth R. Kappel

PO Box 1942 107 West 26th Street

New York, NY 10011
Re: Evolution Online Systems, Inc.
Your letter dated October 16. 1995

Dear Mr. Kappel:

Since you seem to read something into the fact that I did not re-mail my last letter to you after our telephone conversation, I am enclosing it herewith--showing the Post Office stamp indicating that you are "not known" at the precise address listed on your letterhead, which included your P.O. Box number. I might add that attempts to fax it to you before it was mailed, to the number you list as your fax number, were unsuccessful; your machine did not
respond.

It is one thing to disagree about the merits of a legal claim which you feel you have against Evolution and, if need be, to resolve that disagreement in court. It is another to encounter the wide-ranging array of material your latest letter presents--the bulk of which is not relevant to that legal issue.. and may well be read to constitute threats of what you might do to affect my client's reputation if your demands are not met.

Reiterating, and adding to my earlier comment, you would serve yourself well by showing your letter to competent counsel and discussing its potential consequences before acting on it.

PP/glw

Very truly yours,

Philip Pierce

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