Knight Furniture Co., Inc. - Page 10




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          February 21, 1996, petitioner’s defense counsel again advised               
          petitioner that “there is some possibility that the Plaintiff               
          will somehow structure a case with other individuals or with                
          other issues which could possibly be filed against * * *                    
          [petitioner] and the other defendants”.                                     
               Bostwick advised petitioner not to plan to pay for                     
          contingencies out of current earnings and profits and to set                
          aside funds in the amount that petitioner’s defense attorneys               
          advised.  At the February 18, 1994, and February 24, 1995, board            
          meetings to review petitioner’s capital reserves, Bostwick                  
          advised petitioner to hold sufficient capital reserves to serve             
          as a contingency fund for situations that required legal counsel.           
          Business Expansion Plans                                                    
               Petitioner was interested in expanding into McKinney, Texas,           
          because it was a rapidly growing market.  McKinney is about                 
          30 miles south of Sherman on a major thoroughfare.  Petitioner              
          has a centralized warehouse that could service the store in                 
          McKinney and the surrounding area.                                          
               On May 7, 1993, petitioner’s board met to discuss the                  
          possibility of opening a store to sell furniture in the area of             
          McKinney.  Sam Knight and David Gunn were appointed to                      
          investigate the possibilities further by viewing sites for the              
          new store.  Thereafter, Sam Knight and David Gunn contacted Kelly           
          Davis (Davis), a real estate agent, to inquire about available              
          properties in McKinney.                                                     




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