Christopher J. and Vickilynn M. McCann - Page 4




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               On April 14, 1993, the State court reduced the February 2,             
          1993, judgment against LPCF by $100,000 to account for the                  
          settlement with Pendleton Hospital.  Thus, judgment for                     
          petitioners totaled $400,000, plus interest.                                
               LPCF appealed the State court judgment.  On July 14, 1994,             
          the Louisiana Court of Appeal for the Fourth Circuit affirmed the           
          judgment.                                                                   
          B.   The Settlement                                                         
               Petitioners and LPCF settled the case for $839,000 in August           
          1994.  On August 16, 1994, LPCF paid $839,000 to petitioners and            
          their attorneys.  LPCF noted on the check that $400,000 of the              
          payment was for general damages and $439,000 was for interest.              
          LPCF calculated interest and attached the calculation to the                
          check.                                                                      
               The State court approved the compromise and settlement of              
          the lawsuit on August 19, 1994.  On that date, the State court              
          granted a joint motion filed by petitioners and LPCF to dismiss             
          petitioners’ case with prejudice.  On August 23, 1994,                      
          petitioners signed a Receipt, Release, and Compromise Agreement             
          with Indemnity (RRC agreement), in which they acknowledged                  
          receipt of $839,000 from LPCF and released LPCF from any further            
          liability.  The RRC agreement provides that LPCF was released:              
               from any and all rights, claims, demands, causes of                    
               action, damages (including but not limited to general                  
               and special damages), liabilities, penalties, interest,                
               attorneys’ fees, claims for past and future medical                    





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