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request leave of Court to exceed the page limitations. The
argument portion of Frank Wheaton’s opening brief consists of
25 pages; however, at its beginning, it carries a footnote
stating that, due to the page limitations imposed by the Court,
Frank Wheaton incorporates by reference arguments contained in
certain previously filed papers. Frank Wheaton did not ask for
leave to exceed the page limitations imposed by the Court.
Accordingly, the Court will not incorporate into his brief the
referenced arguments and deems him to have failed to raise any
arguments not set forth plainly in either his opening or
answering brief.
Dorchester has failed to file an opening brief. By its
counsel, Paul Porreca, Dorchester has given notice of its
adoption of Frank Wheaton’s reply brief. We assume that
Dorchester wishes to adopt the arguments made by Frank Wheaton in
his opening brief.
II. Settlement Agreement
A. Introduction
A controversy before this Court may be settled by agreement
of the parties. Recently, we have stated some general
propositions regarding settlement agreements:
For almost a century, it has been settled that
voluntary settlement of civil controversies is in high
judicial favor. Williams v. First Natl. Bank, 216 U.S.
582, 595 (1910); St. Louis Mining & Milling Co. v.
Montana Mining Co., 171 U.S. 650, 656 (1898). A valid
settlement, once reached, cannot be repudiated by
either party, and after the parties have entered into a
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