- 5 - Fabricating), which the parties agreed would manufacture the TTS. The agreement also requires EDS to provide RTA with all assistance and advice necessary for obtaining the regulatory permits required for operation of the TTS. EDS's principal shareholders guaranteed the performance of EDS's obligations under the agreement. Construction and Permitting of the TTS Subsequent to entering into the agreement, RTA began searching in Polk County, Florida, for a site on which to locate the TTS. Manufacture of the TTS began in the fall of 1989. On May 11, 1990, RTA applied for a permit from the Florida Department of Environmental Regulation (FDER). Obtaining the FDER permit was key to RTA's success, because, without it, RTA could not legally operate the TTS in Florida. On June 5, 1990, the FDER sent RTA's president, Robert L. Wagner (deceased husband of petitioner Ruth R. Wagner) a letter detailing certain deficiencies in RTA's permit application and identifying substantial additional information that RTA was required to submit before the FDER could fully consider the permit application. The Lawsuit In June 1990, Miles Fabricating stopped manufacturing the TTS because RTA had terminated its periodic payments to EDS and EDS lacked the financial resources necessary to pay Miles Fabricating. EDS considered RTA's cessation of payments a breachPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011