- 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 breach
Page: 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