Estate of Algerine Allen Smith - Page 24




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          operator and perhaps owed an even higher fiduciary or ‘quasi-               
          fiduciary duty’.”  Mr. Glasser concluded that the net effect of             
          the two orders could only have greatly encouraged the royalty               
          owners and correspondingly discouraged Exxon about the                      
          probability that Exxon would prevail on its claim against the               
          royalty owners.  Additionally, Mr. Glasser believed that the                
          District Court would have found it inequitable for the royalty              
          owners to be accountable for any interest that accrued as a                 
          result of Exxon’s perceived intractability before the DOE.  Thus,           
          Mr. Glasser felt that the orders would have motivated Exxon to              
          settle the royalty owners’ cases on a highly discounted basis.              
          On the basis of Mr. Glasser’s personal experience representing              
          companies of Exxon’s stature in controversial matters such as DOE           
          litigation, he believed Exxon would be eager to end the matter              
          quickly and discreetly.  Mr. Glasser also considered the fact               
          that Mr. Knowles, the attorney for the Allen parties, whom Mr.              
          Glasser described as a most able practitioner of oil and gas                
          litigation, had recommended rejection of Exxon’s offer to settle            
          the claims against the Allen parties.                                       
               In order to make a valuation determination, Mr. Glasser took           
          into consideration evidence of predeath events, and he assigned             
          mathematical probabilities to:  (1) Whether the royalty owners              
          would be held liable to Exxon; (2) Exxon’s claim for recoupment             
          of the base amount paid to the DOE; and (3) Exxon’s claim for               






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Last modified: May 25, 2011