- 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 toPage: 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