Edward E. and Constance M. Thorpe - Page 7

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          recommended that ETCO set up a replacement pension plan with                
          TransAmerica Insurance Co. (TransAmerica).  The officers of ETCO            
          completed the application for the new pension plan and made a               
          check in the amount of $64,000 payable to TransAmerica.  ETCO               
          submitted the application and the $64,000 check to TransAmerica             
          through Mr. Sloan.  Mr. Sloan submitted the documents and the               
          check for $64,000 to Mr. Tom Boone, an employee of TransAmerica.            
          The $64,000 was properly credited to ETCO's account with                    
          TransAmerica.                                                               
               On March 8, 1991, ETCO made a check in the amount of $22,000           
          payable to TransAmerica.  The $22,000 check was also submitted to           
          Mr. Sloan, who then forwarded the check to TransAmerica.  The               
          $22,000 check never cleared ETCO's bank account, and the funds              
          were never credited to ETCO's account with TransAmerica.  On May            
          20, 1991, Mrs. Thorpe contacted Mr. Sloan to inquire as to why              
          the check had not cleared ETCO's bank account.  Mr. Sloan                   
          thereafter contacted TransAmerica and was informed that                     
          additional information was needed in order to process ETCO's                
          application to TransAmerica for insurance.  In September of 1991,           
          Mrs. Thorpe inquired further as to why the $22,000 had not been             
          credited to ETCO's account with TransAmerica.  Mr. Sloan informed           
          Mrs. Thorpe that TransAmerica was waiting on further information.           
               On January 29, 1992, upon notice that the check dated March            
          8, 1991, in the amount of $22,000 had not been credited to ETCO's           
          account, ETCO made another check payable to TransAmerica in the             




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