George and Kathleen Knevelbaard, et al. - Page 18

                                               - 18 -                                                 

            They recovered small additional amounts from the directors and                            
            their insurance company.  For instance, Knevelbaard received                              
            $5,048.32 on a $58,500 loss; Gomes received $6,368 of $118,369.                           
                                              OPINION                                                 
            Evidentiary Matters                                                                       
                  Petitioners reserved several objections in the stipulation                          
            of facts.                                                                                 
                  One group of objections centers around the admission of                             
            documents or facts concerning lawsuits, other than the milk                               
            producers action, related to the Knudsen default.  These concern,                         
            for instance, (1) petitioners' release of claims in the                                   
            bankruptcy action in exchange for an assignment of Knudsen's                              
            claims against its directors and their insurer; (2) the banks'                            
            indemnification rights against Knudsen and Foremost; and (3) the                          
            Danish Creamery complaint.  We believe the exhibits in groups 1                           
            and 2 are relevant to the parties' motivations in structuring the                         
            settlement.  The Danish Creamery complaint may have slight                                
            relevance, since its plaintiffs were included in the milk                                 
            producers settlement; however, since the complaint was dismissed                          
            in its entirety, we give it little weight.                                                
                  Another group of disputed stipulations shows that                                   
            petitioners did not receive treatment from mental or physical                             
            health care workers as a result of actions by the Bank                                    
            Defendants.  Petitioners also object to stipulations as to some                           





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011