Estate of William T. Rogers - Page 12

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          return for Great Western's promise to sell those properties and             
          remit to Mr. Rogers 95 percent of the proceeds.  The character of           
          Mr. Rogers' interest in the nonhospital properties and the point            
          at which Mr. Rogers received that interest are not disclosed in             
          any of the stipulated documents.  Because the instant case was              
          submitted on the basis of the stipulation of facts without trial,           
          there is no other evidence concerning Mr. Rogers' interest in the           
          nonhospital properties.                                                     
               Acknowledging that there is no documentary evidence of a               
          compensation agreement between Mr. Rogers and Alpha Hospital,               
          respondent argues that there was an oral understanding between              
          Mr. Rogers and Alpha Hospital that Mr. Rogers would attempt to              
          sell the hospital properties acquired by Alpha Hospital from AMH            
          in return for the receipt of the nonhospital properties on                  
          consummation of the sale.  Respondent, however, presented no                
          witnesses to testify to that understanding and presented no other           
          evidence in addition to the stipulations.                                   
               As we stated in the introduction to our findings of fact,              
          the record in the instant case is confusing and incomplete.  The            
          stipulations of fact fail to explain the significance of the                
          numerous attached exhibits and the details of the transaction               
          which the exhibits purport to describe.  The opacity of the                 
          record appears to be due in no small part to respondent's failure           
          to articulate a coherent theory of the case until long after all            

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