Eldon R. Kenseth and Susan M. Kenseth - Page 9

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          the aggregate.  The total settlement that Fox & Fox negotiated on             
          behalf of the claimants amounted to $2,650,000, which was                     
          apportioned as follows pursuant to the contingent fee agreements:             
               Total recovery to class members    $1,590,000                            
               Total fee to Fox & Fox              1,060,000                            
               Total settlement                  2,650,000                              
               On February 15, 1993, the dispute between petitioner and APV             
          was resolved by their execution of a “Settlement Agreement and                
          Full and Final Release of Claims” (settlement agreement).  Each               
          member of the class entered into an identical settlement                      
          agreement.  The entire amount received by the members of the                  
          class under their settlement agreements represented a recovery                
          under ADEA.  However, the settlement agreements required                      
          petitioner and the other members of the class to relinquish all               
          their claims against APV, including claims for attorney’s fees                
          and expenses but did not specifically allocate any amount of the              
          recovery to attorney’s fees.  The settlement agreement required               
          petitioner to cause the administrative actions pending before                 
          EEOC and DILHR to be dismissed with prejudice.  The settlement                
          agreement provided that it was to be “interpreted, enforced and               
          governed by and under the laws of the State of Wisconsin”.                    
               Petitioner’s allocated share of the gross settlement amount              
          of $2,650,000 was $229,501.37.  Of this amount, $32,476.61 was                
          paid as lost wages by an APV check issued directly to petitioner.             
          APV withheld applicable Federal and State employment taxes from               

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