Wade H. Griffin, III - Page 8




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          also contained the recommendation that petitioner be given leave            
          to amend the complaint and to distinguish between the                       
          individual’s claim and those derivative through the corporate               
          entity.                                                                     
               Thereafter an amended complaint was filed on behalf of                 
          petitioner outlining the personal items of fraud and coercion and           
          the personal services nature of the contract.  The amended                  
          complaint contained allegations that petitioner was personally              
          involved in the transactions with the defendants, had a financial           
          stake and obligations in connection with the auto dealership, and           
          was harmed because of the flow-through nature of HGTG, an S                 
          corporation.  The amended complaint did not contain allegations             
          that petitioner suffered any mental stress or depression, and no            
          demands were made for damages attributable to petitioner’s mental           
          stress or depression.                                                       
               Late in 1993, the decision was made by petitioner and his              
          attorneys to attempt settlement.  A settlement agreement                    
          containing a confidentiality clause was entered into and approved           
          by the bankruptcy court.  The total settlement amount was $6                
          million, of which $557,257 was allocated to the bankruptcy                  
          trustee for the benefit of HGTG.  In addition to the $557,257               
          amount for HGTG, $245,501.55 of claims against HGTG was                     
          discharged by SET and related companies.  HGTG’s final Form                 
          1120S, U.S. Income Tax Return for an S Corporation, for the                 






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