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any contracts as a result of these contacts. To resolve any
potential disputes regarding commissions which petitioner might
have been entitled to receive, Mr. Griffin claims that he agreed,
after some negotiation as to the amount, to pay petitioner
$20,000 and cancel petitioner's $15,000 indebtedness to CMS.
According to Mr. Griffin, the GNMA letter was not discussed
during this meeting. Moreover, according to Mr. Griffin, the
statements in the GNMA letter were accurate because the letter
did not refer to the credit facility then in place with Signet,
but was a reference to an arrangement with a different financial
institution. According to Mr. Griffin, the GNMA letter was
reviewed and discussed among CMS employees and contained no false
information.
Resolution of the Dispute
After hearing and reviewing the testimonies of petitioner
and Mr. Griffin, having observed each witness during the trial,
we are not convinced that either was entirely candid with the
Court. By the time of the May 1990 meeting and agreement,
petitioner had been aware for several months that his employment
with CMS was going to be terminated. Obviously his relationship
with CMS and Mr. Griffin had deteriorated significantly by May
1990. By his own account in his response to his poor managerial
performance evaluation, petitioner indicated that he expected
that "95,000" new loans could be added to CMS's portfolio by the
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