Eldon R. Kenseth and Susan M. Kenseth - Page 43

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         negotiations with APV and its attorneys, Fox & Fox tried to                    
         ensure that the amounts actually received by Mr. Kenseth and the               
         other class members would approximate the full value of their                  
         claims.  Fox & Fox did this by including in their demands on                   
         behalf of the claimants an amount for attorney’s fees that would               
         be included in and paid out of the settlement proceeds.                        
              The bulk of the settlement proceeds was paid by APV directly              
         to the Fox & Fox trust account, by prearrangement between APV and              
         Fox & Fox.13  From the gross amount so paid, Fox & Fox paid itself             
         its agreed upon contingent fee of $1,060,000 and computed and                  
         apportioned the remaining amount for distribution to Mr. Kenseth               
         and the other class members.14                                                 

               13 Excluding the back pay portion--14.15 percent of the                  
          total settlement proceeds and 23.58 percent of the total                      
          distribution to class members--paid directly to Mr. Kenseth and               
          the other class members by APV, and from which employment taxes               
          were paid and withheld.                                                       
               14 Mr. Kenseth had the largest share of the settlement of                
          any member of the class.  The range of amounts distributed to                 
          individual class members ranged from 2 percent of the total                   
          amount distributed (Mr. Benisch) to 8.6 percent (Mr. Kenseth).                
          Although each class member’s back pay portion was the same                    
          percentage of his share of the total settlement distributed to                
          class members (23.58 percent), the record does not disclose the               
          basis of the apportionment of the total settlement amount                     
          distributed to each member of the class.  The uniform                         
          apportionment between back pay and the remainder of each                      
          claimant’s share of the settlement proceeds seems inconsistent                
          with the way in which each claimant’s future earnings and                     
          benefits were projected over estimated future work life and then              
          discounted back to present value by the economist retained by Fox             
          & Fox to assist in determining the amounts of the claimants’                  
          claims.  However, this lack of information and apparent                       

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