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Officer Thurston left a message for Mr. Reising. Mr. Reising
failed to return her call, and on May 5, 1994, Appeals Officer
Thurston sent a fax to Mr. Reising's office. The fax stated in
pertinent part that "Due to more pressing priorities, I have let
this matter sit on the back burner. However, now that we have
essentially agreed upon a settlement, I am sure you are as
interested in concluding the matter as I am." Later that day,
Mr. Reising called Appeals Officer Thurston to let her know that
he was no longer representing TLP and that William Knoke was now
TLP's representative.
Appeals Officer Thurston called Mr. Knoke requesting that he
forward his power of attorney. By letter dated May 26, 1994, Mr.
Knoke forwarded the power of attorney and a settlement proposal.
By letter dated August 11, 1994, Appeals Officer Thurston
responded to Mr. Knoke's proposal, setting forth additional terms
and asking for clarification on a few points. On August 29,
1994, Mr. Knoke sent Appeals Officer Thurston a letter which
stated: "I am in receipt of your letter of August 11, 1994. I
have spoken with the General Partner regarding your letter. We
will agree to all of the terms that you outlined in your letter.
Please proceed with finalizing this case."
After receiving Mr. Knoke's August 29, 1994, letter, Appeals
Officer Thurston began preparing the paperwork necessary to move
the settlement forward. From February 1995 until sometime in
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