- 8 - and Mr. Murphy and Ms. Dragland represented petitioner Praegitzer. After discussions between Mr. Lopez, Mr. Murphy, and Justice Janes, a memorandum of agreement (the 12/12 agreement) was typed at the urging of Justice Janes and was signed by Mr. Lopez and Mr. Murphy. The 12/12 agreement was not signed by petitioner Dawes or by petitioner Praegitzer. Justice Janes signed the 12/12 agreement approving it “as a judicial settlement.” Justice Janes stated to the attorneys that if they encountered any problems, they were to come back to see him to resolve the matter. The memorandum of agreement, dated December 12, 1989, provided as follows: This appeal is settled this date upon the following conditions: 1. The Respondent [petitioner Dawes] will pay in cash $103,000 to Appellant [petitioner Praegitzer]. 2. The Corporation will transfer rights to products known as “303" and “306" including inventory and equipment, the equipment determined as a forklift and a binding machine, to the extent inventory is less than $59,000, it will be made up by Respondent. 3. No royalties on products sold by Appellant after this date (ok Lopez; ? George). 4. A three and a half year covenant not to compete in the propellor shop business in Washington, Oregon, California and Nevada. 5. Kathy Dawes to forgive judgments and cancelled notes in the amount of $36,097.65 (method of forgiveness to be determined jointly by counsels' tax counsel.) 6. Corporation to forgive debt owed by Appellant in the amount of $21,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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