A. Lee Petersen and INI Builders, Inc. - Page 8

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          INI to hire Carole Sookiayak, Burke’s companion and the daughter            
          of the mayor of Shaktoolik, at a salary of $2,000 per month.                
               On the date of Burke's death, the buy-sell agreement by its            
          terms obligated petitioner to purchase Burke's stock from his               
          estate for $150,000.  No later than July 1984, petitioner told              
          Thorpe that INI would not pay a bonus to Burke's estate because             
          the bonus was not due until completion of the Shaktoolik projects           
          and because INI needed the money to pay Ronimus.  As a result,              
          Thorpe did not expect that the estate would receive a bonus, but            
          he did expect that the estate would receive $150,000 for the sale           
          of Burke’s stock in INI.                                                    
               By letter dated September 25, 1984, Mutual Life denied                 
          petitioner’s application for payment of the insurance policy on             
          Burke’s life.  The stated grounds for the denial were that Burke            
          had failed to disclose on his application that he had been                  
          treated for chest pains and self-inflicted wrist wounds and that            
          he was a member of Alcoholics Anonymous.                                    
               Petitioner filed a lawsuit for breach of contract to hold              
          Mutual Life liable for the $100,000 face value of the insurance             
          policy on Burke’s life.  A jury returned a verdict of no                    
          liability in favor of Mutual Life.  In December 1990, the Alaska            
          Supreme Court affirmed the jury verdict.  See Petersen v. Mutual            
          Life Ins. Co., 803 P.2d 406 (Alaska 1990).  Under rule 82 of the            
          Alaska Rules of Civil Procedure, which allows a successful                  





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