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defendants fraudulently induced petitioner to enter into the
agreement set forth in the April 27 letter (fraud in the
inducement) and fraudulently represented to petitioner that they
would pay him an incentive commission based upon the sales price
of BERC, among other benefits (promissory fraud). The fifth
count alleged that the defendants intended to inflict emotional
distress upon petitioner (the tort of outrageous conduct).
Petitioner sought compensatory damages, interest, and costs for
the breach of contract counts. Petitioner sought compensatory
and punitive damages for the fraud counts, as well as for the
tort claim of outrageous conduct.
Bolton agreed to represent petitioner in the suit. After
evaluation of petitioner's various claims against the defendants,
Bolton determined that petitioner's best cause of action was for
breach of contract arising out of the April 27 letter.
On March 1, 1991, the defendants filed a Notice of Removal
to the United States District Court for the Middle District of
Alabama, Northern Division, based upon the premise that all of
the claims asserted by petitioner were preempted and controlled
by the Employee Retirement Income Security Act of 1974, Pub. L.
93-406, sec. 502(a), 88 Stat. 829, 891.
On October 14, 1991, Blount publicly disclosed the
unexpected resignation of Van Sant as its president. Upon Van
Sant's resignation, Oscar J. Reak (Reak), a former president of
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