Madeline A. Coblenz and William J. Mason - Page 19

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          overall record do not support petitioner’s argument.  See                   
          discussion infra.                                                           
               The FDIC and petitioner proceeded to mediation after the               
          filing of petitioner’s lawsuit.  At trial in the present case,              
          petitioner testified that his dream of owning a radio station was           
          discussed during the mediation.  However, neither petitioner nor            
          Mr. Simon testified that a claim of harm to business reputation             
          was discussed during the mediation.  At trial in the present                
          case, the FDIC attorney could not remember the claims made by               
          petitioner during the mediation, but he did document petitioner’s           
          claims in a memorandum drafted after the mediation.  Nowhere in             
          that memorandum did the FDIC attorney discuss that petitioner               
          alleged that his business reputation was harmed.  On the                    
          contrary, the memorandum concentrated on petitioner’s allegations           
          regarding his lost equity interest in Modern World and the                  
          valuation of that ownership interest.                                       
               In documents filed with regard to motions to dismiss and for           
          summary judgment, the FDIC never contested or addressed a harm to           
          business reputation argument.  In fact, petitioner filed a cross            
          motion for summary judgment in which he alleged that First City             
          Bank’s wrongful conduct caused him to lose his Modern World                 
               During the final settlement discussions with Mr. Brown,                
          there were no discussions about petitioners’ alleged causes of              

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