Eldon R. Kenseth and Susan M. Kenseth - Page 8

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          Stat. 978.  As a result, petitioner and the class members who                 
          signed the separation agreements and received severance pay were              
          able to file administrative discrimination complaints and bring               
          suit against APV, notwithstanding any purported release of their              
          claims against APV in the separation agreements.                              
               On October 16, 1991, petitioner filed an administrative                  
          complaint, using documents prepared by Fox & Fox, setting forth               
          the basis of his age discrimination claim against APV, with                   
          DILHR.  Around March 1992, DILHR sent a copy of petitioner’s                  
          complaint to the U.S. Equal Employment Opportunity Commission                 
          (EEOC).  The initiation of these administrative discrimination                
          claims was a condition precedent to bringing suit against APV                 
          under the Federal Age Discrimination in Employment Act of 1967                
          (ADEA), Pub. L. 90-202, sec. 2, 81 Stat. 602, current version at              
          29 U.S.C. secs. 621-633a (1994).                                              
               On June 16, 1992, Fox & Fox filed a complaint on behalf of               
          petitioner and the other class members against APV in the U.S.                
          District Court for the Western District of Wisconsin.  The                    
          complaint alleged a deprivation of their rights under ADEA and                
          sought back wages, liquidated damages, reinstatement or front pay             
          in lieu of reinstatement, and attorney’s fees and costs, and                  
          demanded a trial by jury.                                                     
               EEOC had initially recommended that the members of the class             
          settle their age discrimination suit for less than $1 million in              

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