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Even if you do not wish to settle First Blood
Associates for all years, we still intend to concede 1982.
We, therefore, request that you return the enclosed document
at your earliest convenience.
The "at risk" terms were similar to those outlined in the
September 9, 1992, letter to Mr. Faber.
Although the September 14, 1992, letter was addressed to Mr.
Redding, it was inadvertently mailed to Mr. Faber. Mr. Faber
forwarded the letter to the Goodwins at their home in Montgomery,
Texas. Upon receiving the letter on or about October 1, 1992,
Mr. Goodwin contacted Mr. Redding to arrange a meeting to discuss
its contents. The two eventually met at Mr. Redding's office on
October 12, 1992, at which time Mr. Goodwin instructed Mr.
Redding to accept the settlement offer extended in Mr. Long's
letter.
During this period of the settlement negotiations, and
subsequently, Mr. Long understood that either a closing agreement
or a Form 870 would be used, and Mr. Faber understood that to
effectuate a settlement some documents would have to be executed.
Mr. Redding had been in contact with Messrs. Faber and Long.
In a letter to Mr. Long dated October 14, 1992, Mr. Redding
stated that he was accepting the settlement offer on behalf of
the Goodwins and wrote: "I would appreciate it if you would
confirm to me that you are in receipt of a timely acceptance of
your settlement offer." There is no indication that the executed
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