Diamond Claims & Investigation Services, Inc. - Page 32

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               Based on the plaintiffs' factual allegations in the pretrial           
          order that the District Court treated as established, that Court            
          held in its opinion that FIG was liable to the plaintiffs for               
          breaches of contract, indemnity, and fraudulent misrepresenta-              
          tions.                                                                      
               The District Court then proceeded in its opinion to deter-             
          mine the damages to be awarded to the plaintiffs as a result of             
          FIG's liability.  In making that determination, the District                
          Court relied on evidence that the plaintiffs presented at the               
          damages hearing with respect to their claims for damages for lost           
          profits due to FIG's breaches of contract and fraudulent                    
          misrepresentations, including Analysis 1 and the testimony of Mr.           
          Wharton regarding that analysis.  Mr. Wharton testified at the              
          damages hearing (1) that it was his understanding that ETS was              
          owned by the Diamonds; (2) that it was formed sometime during               
          1982; (3) that it provided services almost exclusively to DCI;              
          (4) that, in determining lost profits, he took account of the               
          profits lost by DCI, as well as the profits lost by ETS, and that           
          he treated ETS as a division of DCI; (5) that he and others                 
          working under his supervision prepared several analyses of the              
          profits lost by DCI and by ETS as a result of FIG's breaches of             
          contract and fraudulent misrepresentations and that, in determin-           
          ing those profits, he relied principally on Analysis 1; (6) that,           
          in reaching the conclusions shown in Analysis 1, he aggregated              
          the operations of DCI and ETS; and (7) that although he was                 




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