Kevin Wade Hamblin - Page 7




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          $26,588.46.  The amount recovered included back pay, liquidated             
          damages, an amount for participating as a member of the class,              
          and another amount for testifying in a deposition.  The parties             
          did not provide an itemization of these various amounts except              
          that the notice of deficiency listed $24,210 as liquidated                  
          damages and $16,401 as wages or back pay.                                   
               As part of the settlement, petitioner executed an Individual           
          Certification and Release in favor of PayLess wherein he                    
          acknowledged receipt of documents regarding settlement of the               
          class action, acknowledged receiving a copy of the Settlement               
          Agreement that was incorporated by reference as part of his                 
          release, expressly affirmed "the authority of the named                     
          Plaintiffs to release my claims and settle the Lawsuit", and                
          individually released PayLess in paragraph 8 of the release that            
          provided, in pertinent part:                                                

                    In exchange for the payment of the amount * * * [to               
               petitioner] I hereby release and discharge PayLess * * *               
               from all actions, claims, or demands for damages,                      
               liabilities, costs, or expenses, which the Plaintiffs,                 
               individually or collectively, have against PayLess on                  
               account of, or in any way arising out [of] the claims that             
               were asserted or that could have been asserted in the                  
               Lawsuit by the Plaintiffs, which Lawsuit is hereby                     
               acknowledged as not fully plead, further including, but not            
               limited to, claims for personal injuries, intentional                  
               infliction of emotional distress, negligent infliction of              
               emotional distress, and from all known claims, whether based           
               on tort, statute or contract, which are based in whole or in           
               part, or arise out of, or in any way relate to: (1) the                
               Lawsuit; and (2) anything done or allegedly done by PayLess            
               arising out of, or in conjunction with or relating to, the             





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