Ronald N. and Karen M. Gross - Page 4




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          meeting, Mr. Lueck asked petitioner to leave the Okabena offices               
          and not to return until further notice.  Petitioner departed and               
          never returned to Okabena.                                                     
          The Negotiations                                                               
               From April 15 to June 21, 1993, petitioner, Mr. Roth,                     
          Okabena officials, and Okabena’s attorneys engaged in                          
          negotiations to resolve the matter and to formulate a severance                
          package for petitioner.  Several meetings were held regarding the              
          terms and conditions of petitioner’s termination from Okabena.                 
          The negotiations between Okabena and petitioner were adversarial.              
               At the first meeting, on or about April 15, 1993, petitioner              
          and Mr. Roth met with Mr. Lueck, Robert Dayton, chairman of the                
          board of Okabena, and Okabena’s outside counsel.  Okabena                      
          presented petitioner with the option either of being terminated                
          or of submitting a voluntary resignation and accepting 12 months               
          of severance pay.  Petitioner rejected the offer and made a                    
          counteroffer proposing, among other things, that a portion of any              
          funds paid be allocated to personal injuries in order to enable                
          him to exclude such proceeds under section 104.  Okabena asked                 
          petitioner to turn over his keys and not to return to Okabena’s                
          offices.                                                                       
               Additional negotiating sessions and conferences regarding                 
          the proposed settlement were held on April 16, 19, 20, and 21,                 
          1993.  On April 21, 1993, Mr. Lueck sent petitioner a termination              






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