Ronald N. and Karen M. Gross - Page 5




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          letter confirming that Okabena had terminated petitioner’s                     
          employment effective April 20, 1993.                                           
               Throughout the negotiations, petitioner threatened                        
          litigation against Okabena and specifically mentioned a potential              
          claim for age discrimination, referring to a pattern of alleged                
          age discrimination at Okabena.  During these meetings, petitioner              
          also mentioned claims of wrongful termination and defamation of                
          character.  Petitioner never filed a complaint against Okabena in              
          any court.                                                                     
          The Settlement Agreement                                                       
               On May 12, 1993, Okabena’s counsel sent petitioner a draft                
          settlement proposal.  After extended negotiations over the terms               
          of the proposed settlement agreement, a final settlement                       
          agreement (settlement agreement) and two releases were signed on               
          June 21 and 22, 1993.                                                          
               Pursuant to the settlement agreement, both petitioner and                 
          Okabena agreed to release all claims that either party had or                  
          might have against the other.  The settlement agreement                        
          acknowledged the following facts, among others:                                
                    WHEREAS, Gross has alleged that certain matters                      
               relating to his employment with  * * * [Okabena] and                      
               his separation from * * * [Okabena] give rise to legal                    
               claims against * * * [Okabena] for age discrimination;                    
               and                                                                       
                    WHEREAS, Gross claims that he is entitled to                         
               receive damages from * * * [Okabena] for loss of future                   
               income and for personal injuries, and to be reimbursed                    






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