Clarence D. Kightlinger - Page 7

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               In July 1992, the parties reached a settlement without                 
          trial.  Thereupon, the parties filed a joint stipulation of                 
          settlement with the District Court.  Pursuant to this joint                 
          stipulation of settlement, AHP agreed to pay $24 million in full            
          satisfaction of all of the claims brought against it in the class           
          action.  The joint stipulation of settlement did not allocate the           
          settlement proceeds for any particular claim.  However, the                 
          proceeds were allocated among court-approved expenses, class                
          counsel, the Union, and class members.  The joint stipulation of            
          settlement provided guidelines pursuant to which an independent             
          trustee would determine the appropriate amount to compensate                
          individual class members for their demonstrated employment-                 
          related economic harm.  Pursuant to this stipulation, economic              
          harm was to be measured based upon factors such as age, duration            
          of employment with the company, salary history, and subsequent              
          employment history, including the date of new employment and                
          salary history.  Noneconomic injury was not a factor to be                  
          considered in the independent trustee's allocation of the                   
          recovery to the class members.                                              
          Subsequently, class members, including petitioner, received a               
          notice of proposed settlement and settlement hearing.  The notice           
          of proposed settlement reiterated that the lawsuit sought to                
          recover for harm resulting from the Defendants' violation of the            
          RICO Act and interference with the class members' prospective               

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