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I had a similar scenario, but was able to get the guy. I was kind of perplexed at first, because I made the max offer, then he came back and said somebody else had beaten me. So I went ahead and offered the max again, and he said thanks. This happened like 4 times. Finally I got the email saying he picked me. Not sure if re-offering makes a difference or not, but seems to have worked for me in the one case I have had.
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