James R. Palmer and Linda D. Palmer - Page 29




                                       - 29 -                                         
        and that Ms. Svarzkopf was unaware of any oral modification by Mr.            
        Palmer and Olin Ordnance of paragraph 6 of the Marion plant/Palmer            
        consulting agreement regarding the payment of consulting fees to              
        Mr. Palmer.  That is why on June 2, 1995, after she completed Olin            
        Ordnance’s invoice payment authorization process with respect to              
        Mr. Palmer’s approved monthly invoices 0011, 0012, and 0013                   
        covering the period from February 6 through April 30, 1995, she               
        sought guidance from Mr. Cutler.  Mr. Cutler advised Ms. Svarzkopf            
        to honor Mr. Palmer’s request that Olin Ordnance not pay any of               
        those invoices until Mr. Palmer directed Olin Ordnance to pay each            
        such invoice.  If, as petitioners contend, there had been an oral             
        modification of the Marion plant/Palmer consulting agreement in               
        effect on June 2, 1995, we believe that any such modification                 
        would have been communicated to Ms. Svarzkopf and that there would            
        have been no need for Ms. Svarzkopf to seek guidance from Mr.                 
        Cutler.                                                                       
             Based on our examination of the entire record before us, we              
        find that petitioners have failed to show that an oral modifica-              
        tion of the last sentence of paragraph 6 of the Marion plant/                 
        Palmer consulting agreement was in effect on June 2, 1995, after              
        Ms. Svarzkopf completed Olin Ordnance’s invoice payment authoriza-            
        tion process with respect to Mr. Palmer’s approved monthly in-                
        voices 0011, 0012, and 0013 and approved those invoices and before            
        she asked Mr. Cutler for guidance, so as to permit Mr. Palmer to              






Page:  Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  Next

Last modified: May 25, 2011