Eric B. Benson, et al. - Page 10

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               In the mid-1980s, a dispute arose between Burton and Glendon           
          over the operation and ownership of ERG.  On April 4, 1985, the             
          Bensons filed a lawsuit against Glendon, his wife Janet, and ERG.           
          In or about September 1985, Glendon convened an ERG board meeting           
          during which the directors in attendance supposedly voted to                
          terminate Burton’s employment with ERG.  Immediately thereafter,            
          Glendon hired security personnel to bar Burton from entering                
          ERG’s facilities.                                                           
               In October 1985, Burton and Glendon executed an agreement              
          delineating their respective responsibilities concerning                    
          contracts with two major ERG clients, Hercules Aerospace Co.,               
          Inc. (Hercules),8 and Gas Research Institute (GRI).  Essentially            
          under that agreement, Burton was granted all rights to and                  
          responsibility for contracts with Hercules, and Glendon was                 
          granted all rights to and responsibility for contracts with GRI.            
               In May 1986, Burton and Glendon initiated binding                      
          arbitration.  On July 9, 1986, the arbitration panel issued an              
          interim decision.  In October 1986, Burton and Glendon entered              
          into an agreement to adjourn the arbitration proceedings choosing           
          instead to mediate the dispute with the aid of Winston E. Miller            
          (Miller or WEM) as mediator.  On June 28, 1987, during the course           
          of mediation, Burton and Glendon entered into an agreement                  


               8Hercules and all predecessors and successors in interest              
          will be referred to throughout this opinion as Hercules.                    





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