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or November of 1987, the Criminal Investigation Division
returned the seized records to petitioner.
Sometime before Mr. Rahill agreed to transfer his
accounting practice to petitioner, it was discovered that
he had an abdominal aortic aneurysm. Mr. Rahill disclosed
his condition to petitioner. The agreement describes
Mr. Rahill's medical condition as follows:
8. Contingency and Effective Date. Rahill
has disclosed, and Welch [petitioner] is aware,
of severe and life threatening health problems
which are imminent. * * *
On October 30, 1987, shortly before Mr. Rahill
underwent surgery to correct the aneurysm, his physician,
Scott K. Lucas, M.D., wrote the following letter to
Mr. Rahill's attorney, Dennis Roberts:
Dear Mr. Roberts:
This letter is in response to your request regarding
Mr. A.C. Rahill's condition and prognosis. As you know
he has been diagnosed with a six centimeter in diameter
abdominal aortic aneurysm. The aneurysm itself is
asymptomatic thus far, but it is of such a large size
that operative repair is indicated to prevent the life
threatening condition of rupture of the aneurysm. The
size of the aneurysm makes its presence a life threaten-
ing condition and elective operation is scheduled for
later next week. The operation will entail removing the
aneurysm and replacing a segment of the abdominal aorta
with a Dacron graft. The risk is approximately in the
five percent range with approximately one percent risk
of mortality. Mr. Rahill's risk is somewhat higher than
normal regarding infection because of the previously
placed colostomy and his recent infection of the
epididymis.
As we discussed, I think that stress is to be avoided
prior to the operation because of possible elevations in
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