Madeline A. Coblenz and William J. Mason - Page 9

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          officer (tax adviser), for advice regarding whether settlement              
          proceeds in petitioner’s lawsuit would be considered nontaxable             
          income under the tax laws.                                                  
               The litigation eventually proceeded to mediation.  On July             
          20, 1995, Mr. Simon, petitioner, and representatives for the FDIC           
          met before a mediator.  Larry A. Thomas served as the lead                  
          attorney for the FDIC (the FDIC attorney).  The mediation proved            
               Before and after the mediation, the FDIC and petitioner                
          filed various motions and documents with the U.S. District Court.           
          On July 19, 1995, the FDIC filed a motion for summary judgment              
          with regard to petitioner’s amended complaint.6  On July 25,                
          1995, petitioner filed a supplement to his amended complaint                
          alleging that First City Bank participated in Mr. White’s alleged           
          breach of his fiduciary duties to petitioner.  Petitioner alleged           
          that his damages included the value of his Modern World stock at            
          the time of First City Bank’s wrongful conduct.7  In motions to             
          dismiss and for summary judgment, the FDIC vigorously contested             
          both petitioner’s claim that First City Bank caused him to lose             

               6  The U.S. District Court granted the FDIC’s motion for               
          summary judgment with regard to Count II.                                   
               7  The other damages alleged by petitioner consisted of any            
          amounts the U.S. District Court might award First City Bank on              
          its counterclaim against him.  Based on this description of                 
          petitioner’s damages, petitioner sought actual, punitive, or                
          enhanced damages, court costs, and attorney’s fees in the                   
          supplement to his amended complaint.                                        

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