Damian Gerard and Leigh H. Gerard - Page 26

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          result of her termination.  Clearly, then, at least initially,              
          claims were asserted on Katherine’s behalf for economic injuries,           
          as well as for emotional and physical damages.  There is no                 
          suggestion in the record that Maritz Inc. ever received any                 
          affirmative indication that Katherine had abandoned her                     
          previously asserted claims for economic injuries.  Particularly             
          in light of the assertion on Katherine’s behalf, in the May 1994            
          Suelthaus letter, of a claim for wrongful discharge from                    
          employment, we are convinced that Maritz Inc. intended the                  
          settlement payment to Katherine to discharge her previously                 
          asserted and never-withdrawn claims for economic injuries, as               
          well as her claims for personal injuries.                                   
                    3.  Damian’s and First Capitol’s Claims for Economic              
                    Injuries                                                          
               At the meeting between Suelthaus and Backerman on or about             
          June 30, 1993, Suelthaus asserted a claim on Damian’s behalf for            
          tortious interference with a business relationship.  About 2                
          weeks later, the Hobler family, through one of their newly                  
          elected Maritz Inc. board members, introduced a resolution to               
          reinstate First Capitol as a supplier to Maritz Inc. and to                 
          compensate it for “lost profits on the cancelled orders * * * and           
          any other damages (if any) it may have suffered”.  No resolution            
          was introduced to compensate Damian for any separate injuries he            
          may have suffered, personal or otherwise.  We believe at that               
          early juncture in the negotiations, the claims asserted on behalf           





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