George and Kathleen Knevelbaard, et al. - Page 12

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                  All of the coordinated lawsuits were assigned to Judge Jack                         
            Tenner.                                                                                   
            The Milk Producers Settlement                                                             
                  On July 30, 1990, Judge Tenner held a settlement hearing on                         
            the milk producers action.  The parties orally stipulated that                            
            all causes of action alleged in the milk producers complaint be                           
            dismissed, except for negligent infliction of emotional distress.                         
            The Bank Defendants would pay $20 million as payment in full for                          
            that cause of action.  Judge Tenner specifically found, on the                            
            record, that the claims pending in the Knudsen bankruptcy                                 
            proceeding were "for the production and delivery of milk which                            
            was not paid for", and that the settlement in the milk producers                          
            action did not affect the rights of plaintiffs to receive payment                         
            elsewhere for the lost milk.                                                              
                  The judge then added:                                                               
                  The Court has been with this litigation for some time                               
                  and has read all of the allegations, and finds that the                             
                  negligent infliction of emotional distress is a much                                
                  more serious claim as far as the individual farmers are                             
                  concerned; and, therefore, that would be the basis of                               
                  the allocation, plus my familiarity with file cabinets                              
                  full of paper in this lawsuit.                                                      
            Judge Tenner also stated his understanding that the settlement                            


                  6(...continued)                                                                     
            reorganization was finally confirmed and effected, the lawsuits                           
            would be finally dismissed with prejudice.                                                
                  The record does not reflect whether or when the cases were                          
            actually dismissed with prejudice.                                                        





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