Richard D. Nelson - Page 6




                                                - 6 -                                                  
            and others from interfering.  In May 1991, the suit was settled                            
            with petitioner and November emerging with the right to continue                           
            the operation of the bingo business.  Under the settlement, EDL                            
            entered into a 10-year sublease of the Chestnut property with                              
            November.                                                                                  
                  Petitioner/November had hired attorney William M. Krieger                            
            (Krieger) on a contingent fee basis to represent them in the                               
            above-described lawsuit.  As a result of the successful                                    
            settlement of the suit, it was determined that the value of the                            
            bingo business was approximately $4.5 million and that Krieger                             
            was entitled to a $1.5 million fee.  November and petitioner,                              
            during June 1991, executed a promissory note to Krieger for $1.5                           
            million that was payable from bingo income and wholly dependent                            
            on the success of the bingo operations.  The note did not have a                           
            maturity date and was payable in monthly amounts computed in                               
            accord with a separate agreement between the parties.  The                                 
            agreement limited petitioner’s salary to an amount not exceeding                           
            $65,000 until such time as Krieger’s $1.5 million note, including                          
            interest, was paid in full.  The note was non-negotiable and                               
            could not be discounted, transferred, assigned, or owned by                                
            anyone other than Krieger and his immediate heirs.  Under the                              
            agreement and note, November was obligated for and did pay to                              
            Krieger one-third of the pretax profit, which amounted to                                  








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011