Dorchester Industries Incorporated, et al. - Page 30

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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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