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Pizza Hut and PepsiCo (release). The release states, in perti-
nent part:
The undersigned, Wallace R. Noel, does hereby
release and forever discharge Pizza Hut, Inc., PepsiCo,
Inc., and all of their subsidiaries, divisions and
related companies, and all of their employees, officers
and agents, from any and all claims, actions, and
causes of action, now existing or that may arise here-
after, known and unknown, and including, in particular
but without limitation, all claims that have been
asserted or that could be asserted in that certain
action pending in Sedgwick County District Court,
Sedgwick County, Kansas, captioned:
Wallace R. Noel, Larry D. Noel, Michael L. Noel
and Cathy R. Noel vs. Pizza Hut, Inc., a corpora-
tion, PepsiCo, Inc., a corporation, Pizza Manage-
ment, Inc., a corporation, and Arturo G. Torres,
Case No. 88 C 1652.
The undersigned agrees that, as a part of this
Release, the referenced action, as it relates to Pizza
Hut, Inc. and PepsiCo, Inc., shall be dismissed, with
prejudice, forthwith and agrees further that he shall
take whatever action is necessary to bring about such a
dismissal. * * *
The release lacks any language concerning the amount of
money petitioner received, if any, as consideration for signing
this release. Further, the stock transfer agreement states:
Upon delivery to me or my designee of (i) $3,250,071 in
immediately available funds and (ii) your release of
claims against me, I will transfer to Pizza Hut, Inc.
(by delivery of the Shares and the Powers) good, valid
and marketable title to all of the Shares * * *.
The stock transfer agreement does not specify what portion of the
proceeds, if any, was paid to petitioner for his release of
claims. Since the documents presented by petitioner lack any
language concerning what, if any, portion of PepsiCo's payment
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