James P. Whitmer - Page 6

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          against ITT for breach of contract, defamation of business                  
          reputation, and wrongful interference with business                         
          relationships.  In relevant part, the counterclaim alleged that             
          the Defendants had suffered:  (1) $18 million in losses because             
          they were terminated as general agent for ITT, (2) $7.5 million             
          of compensatory damages and $30 million of punitive damages on              
          account of defamatory statements published about them by ITT,               
          (3) $30,000 of compensatory damages and $5 million of punitive              
          damages because ITT had deceived the Defendants into signing the            
          promissory notes underlying the $30,000 loan mentioned above,               
          (4) $18 million of actual damages and $15 million of punitive               
          damages because ITT had secretly met with many of the Defendants’           
          employees and had persuaded the employees to terminate their                
          employment with the Defendants, and (5) $18 million of actual               
          damages and $15 million of punitive damages because ITT                     
          maliciously persuaded the Ohio Department of Insurance to                   
          investigate the Defendants and to refuse to transfer the                    
          Defendants’ insurance licenses to other insurance companies.                
               On or about February 1, 1987, the parties to the ITT                   
          Litigation settled the litigation by signing an agreement of                
          settlement and mutual release (Release).  Under the Release, the            
          parties agreed to release all claims arising or which could have            
          arisen in the litigation, and petitioner agreed to pay ITT                  
          $25,000.  Midwest had been dissolved in 1983, and petitioner was            
          the only one of the Defendants from whom collection was feasible.           




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