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several instances, by D.E. Findley (Mr. Findley)9 on behalf of
Olin Ordnance and promptly returned to Mr. Palmer. Mr. Palmer
promptly forwarded each of his approved monthly invoices 0016
through 0020 to Ms. Svarzkopf at Olin Ordnance’s Florida office.
Ms. Svarzkopf promptly completed Olin Ordnance’s invoice payment
authorization process with respect to each such invoice. How-
ever, pursuant to paragraph 6 of the amended Marion plant/Palmer
consulting agreement, Mr. Palmer directed Olin Ordnance not to
pay him the amount that it owed to him with respect to each of
his approved monthly invoices 0016 through 0020 within 30 days
after Olin Ordnance first received each such invoice. At Mr.
Palmer’s direction, Olin Ordnance paid Mr. Palmer the amount that
it owed to him with respect to each of his approved monthly
invoices 0016 through 0020 by issuing a check to him in the
following amount on the following date selected by Mr. Palmer:
Mr. Palmer’s Monthly Amount of Check Issued Date of Check Issued
Invoice Number by Olin Ordnance by Olin Ordnance
0016 $15,173.00 01/09/97
0017 18,243.36 01/09/97
0018 15,824.16 01/09/97
0019 15,239.46 01/09/97
0020 404.89 01/09/97
The only reason Olin Ordnance did not pay Mr. Palmer the amount
that it owed to him with respect to each of his approved monthly
9The record does not disclose why Mr. Findley, instead of
Mr. Harris, reviewed and approved, on behalf of Olin Ordnance,
Mr. Palmer’s monthly invoices 0016 through 0020.
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