August V. and Mary E. Klaue - Page 6




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          the notes signed during 1984 stated an interest rate.  Petitioner           
          and Estes never executed any written loan agreements other than             
          the promissory notes.  On September 6, 1989, Estes signed new               
          promissory notes to refresh the earlier notes, including a note             
          for $12,000 that Estes had borrowed from petitioner in 1981.  The           
          new promissory notes provided that interest was due from the date           
          of the original loan, and that payment was due as of the date of            
          signing or upon demand.  Estes made no payments of either                   
          interest or principal on these notes, and petitioner made no                
          demand for payment until 1993.                                              
              During 1982, the Theratech device was being manufactured;              
          however, the company producing the device was unable to market it           
          in the United States because of FDA restrictions.  As a result of           
          the marketing problems the Theratech stock suffered a precipitous           
          decline in value and was soon trading for much less than $1 per             
          share.  Sometime between 1985 and 1987, Estes received a letter             
          from the Beijing Pharmaceutical Institute in Beijing, China.  In            
          China, the Theratech device was being used experimentally to                
          treat rectal cancer.  After a high-level Chinese Government                 
          official used the device and was cured of rectal cancer, he                 
          offered Estes the contract to build the Imperial Palace Hotel.              
          Although Estes knew nothing about building a hotel, petitioner              
          and a mutual acquaintance, who was an architect, did know about             
          such development projects.  Seeing an opportunity to revive                 





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