Dorchester Industries Incorporated, et al. - Page 31

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          relied on her husband for leadership and direction.  Indeed, in             
          his affidavit attached to Mary Wheaton’s response, Frank Wheaton            
          states:  “She [Mary Wheaton] has never been involved in any of my           
          many business ventures.  She has very little, if any, knowledge             
          of any of these ventures, or of this proceeding.”   We believe              
          that Mary Wheaton gave Frank Wheaton full authority to represent            
          her interests in these cases and to make decisions on her part.             
          That reflects the instruction that Mary Wheaton gave to Gilson              
          and Wodlinger, that they take their instructions from Frank                 
          Wheaton.  We find that Gilson and Wodlinger had authority to                
          enter into a settlement with respect to the docketed cases on               
          behalf of Mary Wheaton.                                                     
               We have found that Gilson and Wodlinger obtained an informed           
          waiver from Mary Wheaton and had authority to enter into a joint            
          settlement.  We also find that there was no showing of prejudice            
          to either Dorchester or Frank Wheaton on account of the                     
          simultaneous representation of Mary Wheaton.  Dorchester has not            
          favored us with a brief, so we have no idea what it might claim.            
          Frank Wheaton claims that his representation was materially                 
          limited.  He states that, in November 1995, he was totally                  
          unaware that, if his wife claimed to be an innocent spouse, her             
          assets would not be available should they settle:  He “depended             
          on their existence and availability should the parties settle.”             
          First, we do not believe that Frank Wheaton was unaware of the              
          innocent spouse defense.  He is the one that stated to Gilson and           




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