Clarence D. Kightlinger - Page 22

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          the prospective economic advantages of employees sought or                  
          obtained redress for any of the traditional harms associated with           
          personal injury such as pain and suffering or emotional distress.           
          See United States v. Burke, supra.                                          
               C.  Other Factors                                                      
               Other factors support respondent's contention that                     
          petitioner's recovery was not on account of personal injury.  As            
          mentioned, the two notices received by petitioner clearly                   
          describe the class action as one for the recovery of lost wages             
          and employment-related economic harm.  In fact, class members               
          were informed that claims for any harm other than employment-               
          related economic harm should be pursued by the class member                 
          independently of the class action.  Petitioner did not otherwise            
          pursue a claim for any personal harm.  Rather, he claimed his               
          portion of the recovery by describing how the Defendants' actions           
          had economically affected him.                                              
               Further, the independent trustee in charge of allocation of            
          the funds was expected to, and did, devise an arrangement                   
          designed to compensate the class members for employment-related             
          economic harm.  The independent trustee allocated funds to ensure           
          that qualified claimants received up to 2 weeks of severance pay            
          for each full year of seniority.  The remaining funds were                  
          distributed to terminated employees, such as petitioner, who did            
          not transfer or receive the benefit of the early retirement                 

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