Madeline A. Coblenz and William J. Mason - Page 20

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          action.  The record reveals that the FDIC was first made aware of           
          petitioner’s harm to business reputation claim upon receipt of              
          the September 10, 1995, draft of the settlement agreement.  By              
          that time, the FDIC had approved the settlement offer and                   
          prepared a check for petitioner.  The FDIC attorney subsequently            
          requested that the section 104 sentence be removed, and he only             
          allowed the inclusion of the business reputation sentence because           
          he did not view petitioner’s belief as relevant.                            
               Although we look to the FDIC’s intent in settling                      
          petitioner’s lawsuit, we note that Mr. Simon testified that he              
          understood petitioner’s story as “a loss of his business”.  He              
          further testified that his initial legal theories “were all                 
          primarily tort related theories that dealt with the actions of              
          First City [Bank] that resulted in a loss of petitioner’s ability           
          to ultimately own, operate, and reap the benefits of this radio             
          station [referring to Modern World]”.  Mr. Simon hired an                   
          appraiser to make a valuation of the radio station and to compute           
          the value of petitioner’s equity ownership.  Further, Mr. Simon             
          testified that after the mediation, he and his associates                   
          reevaluated the case, and “[they] tried to just refocus on the              
          point that Bill Mason had been damaged, that his reputation had             
          been damaged, and that his life-long dream of owning a radio                
          station had been foreclosed by the activities of First City                 
          [Bank]”.  During the final settlement discussions, however, in              

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