Francis G. Laguaite - Page 3




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          release and settle “any and all manner of suits, actions, causes              
          of action, damages and claims, known and unknown” that he has or              
          may have against APC.  The release stated that it                             
               includes, but is not limited to, claims arising under                    
               federal, state and local laws, including those prohibiting               
               employment discrimination or claims growing out of any legal             
               restrictions on the Company’s rights to terminate its                    
               employees, including but not limited to the Rehabilitation               
               Act of 1973 * * *, the Age Discrimination in Employment Act              
               of 1967, * * * Title VII of the Civil Rights Act of 1964,                
               * * * the Civil Rights Act of 1991, * * * the Americans with             
               Disabilities Act, * * * and the Employee Retirement Income               
               Security Act * * *.                                                      
               On October 19, 1994, petitioner sent APC a letter demanding              
          severance pay and asserting that his right thereto was not                    
          conditional on the execution of any release.  On October 24,                  
          1994, APC responded by letter stating, “One of the eligibility                
          criteria for severance pay is the execution of a Release                      
          generally in the form presented to you.”  The letter requested                
          that petitioner notify APC if he wished to suggest modifications              
          to the release.                                                               
               By letter dated November 15, 1994, petitioner asserted that              
          APC’s failure to pay him severance pay would constitute “Common               
          Law Fraud”.  By letter dated December 1, 1994, petitioner                     
          asserted to APC that he was the victim of age discrimination.                 
          APC did not respond to these letters.                                         
               After consulting a number of attorneys, on January 6, 1995,              
          petitioner signed the release and received from APC severance pay             






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