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On April 26, 1993, Balfour offered petitioner $500,000 to
settle the litigation. The offer was made to compensate
petitioner for his alleged lost commissions and equity.
Petitioner rejected Balfour's offer, and he made a counteroffer
of $1.86 million based on the following claims: (1) AT&T
contract commissions of $465,000, (2) Prudential contract
commissions of $122,000, (3) the New York Giants contract
commissions of $50,000, (4) NBA accounts of $15,000, (5) All-Star
game commissions of $5,000, (6) pipeline commissions of $14,400,
(7) chargebacks of $5,000, (8) lost equity of $660,000, and
(9) litigation costs of $125,000.
Later, on or about May 5, 1993, the District Court granted
summary judgment in Balfour's favor on petitioner's claims that
equity in his sales territory had been destroyed and that Balfour
violated Connecticut's wage laws. The wage claims were denied
because the court concluded that Massachusetts, rather than
Connecticut, law applied. In denying the equity claim, the court
held that petitioner had not suffered a loss because he continued
to service his former accounts after leaving Balfour. The
District Court also denied petitioner's motion for summary
judgment on his claims of breach of contract, conversion, and
constructive discharge, and it denied his motion for summary
judgment on all of Balfour's counterclaims except for replevin.
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