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1979 through 1990, we do not take that stipulation as
determinative of the fact that Frank and Mary Wheaton had a
nonwaivable conflict.
Dorchester and Frank Wheaton also argue that, besides a
conflict of interest, Gilson and Wodlinger had no authority to
enter into a joint settlement because they had no authority to do
so on behalf of Mary Wheaton. We do not believe that Gilson and
Wodlinger lacked authority with respect to Mary Wheaton. First,
Mary Wheaton had told Gilson and Wodlinger to take their
direction from Frank Wheaton. We have found that Frank Wheaton
authorized a settlement of the docketed cases. Second, Mary
Wheaton has stipulated with respondent that Gilson and Wodlinger
had authority to enter into a settlement of the docketed cases on
her behalf (Mary Wheaton’s authority stipulation), “which
settlement was set forth in an exchange of correspondence between
the parties dated November 6, 1995.” In Mary Wheaton’s response
to respondent’s motions for entry of decision (Mary Wheaton’s
response), she avers that she was neither consulted with respect
to the settlement nor did she authorize the purported settlement
or have any knowledge of it. In Mary Wheaton’s response, she
also claims that she has been in poor health during the period of
this litigation and has relied “totally” on her husband. From
the various papers filed in these cases by Frank Wheaton and by
Mary Wheaton and from other evidence in the record, we conclude
that Mary Wheaton did not involve herself in these cases and
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