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claim given the circumstances discussed herein that cause the
facts supporting his allegation that he disputed his debt to the
casino to be in issue.
Petitioner contends that the casino’s efforts to settle the
debt were the result of its realization that a cage employee had
mishandled chips and the difficulty of winning a suit against
petitioner for collection of the amount it claimed he owed.9
Petitioner points to nothing in any of the documents in the
record that indicates that those considerations prompted Caesar’s
to settle with petitioner.10 Mr. Larry Gaddis, the casino’s
assistant collection manager, who testified at trial, offered the
following considerations that would have induced Caesar’s to
settle petitioner’s account for less than the outstanding
balance: (1) The age of and minimal payments that had been
received on petitioner’s account; (2) the cost of collecting the
remaining balance of his account were a suit instituted against
9
Petitioner also asserts that the casino failed to send his
markers to his bank as required by law, a further circumstance
that induced it to settle. The portions of the transcript on
which petitioner relies for that assertion, however, do not
support petitioner’s contention. Petitioner does not contest the
enforceability of his debt to Caesar’s on any other grounds than
those set forth herein.
10
We have noted above that petitioner offered no plausible
explanation for the casino’s supposed reluctance to put anything
in writing concerning the alleged dispute over petitioner’s
account other than its settlement offers.
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