- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011