Eldon R. Kenseth and Susan M. Kenseth - Page 3

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          (APV), terminated his employment.  The complaint also alleged                 
          that, at the time of his discharge, petitioner was 45 years old,              
          held the position of master scheduler, was earning $33,480 per                
          year, and had been employed by APV for 21 years.  It further                  
          alleged that, around the time of petitioner’s discharge, APV did              
          not terminate younger employees also acting as master schedulers              
          but did terminate other employees over age 40.                                
               Prior to filing the DILHR complaint, petitioner and 16 other             
          former employees of APV (the class) retained the law firm of                  
          Fox & Fox, S.C. (Fox & Fox), to seek redress against APV.  In                 
          July 1991, petitioner executed a contingent fee agreement with                
          Fox & Fox that provided for legal representation in his case                  
          against APV.  Each member of the class entered into an identical              
          contingent fee agreement with Fox & Fox.                                      
               The contingent fee agreement was a form contract prepared                
          and routinely used by Fox & Fox; the client’s name was manually               
          typed in, but the names of Fox & Fox and APV had already been                 
          included in preparing the form used for all the class members.                
          Fox & Fox would have declined to represent petitioner if he had               
          not entered into the contingent fee agreement and agreed to the               
          attorney’s lien provided therein.                                             
               The contingent fee agreement provided in relevant part:1                 

               1 The portions of the Agreement not quoted are secs. “I.                 
          INTRODUCTION”, “IV.  THE ATTORNEYS’ FEES WHERE THERE IS A                     

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