- 20 - 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, inPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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