WFO Corporation, et al. - Page 18

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               In direct contradiction to the testimony of Mrs. Wolfe and             
          Messrs. McCarthy and Brant, Mr. Wolfe testified that he did not             
          agree to or authorize a settlement of the cases on the afternoon            
          of March 11.  Instead, he insisted that he had advised Mr.                  
          McCarthy that he would not agree to any settlement without                  
          respondent’s concessions on the two points Mr. Mansour had raised           
          and without first reviewing a final version of the stipulation of           
          settled issues.  According to Mr. Wolfe’s testimony, Mr. McCarthy           
          assured him at the conclusion of their meeting on March 11 that             
          he would obtain concessions from respondent on the two disputed             
          points and submit to Mr. Wolfe for his review a revised                     
          stipulation of settled issues, with revisions to reflect the                
          changes, the next day.                                                      
               We conclude that Mr. Wolfe’s testimony is not worthy of                
          belief.  Besides being contradicted by the testimony of all other           
          witnesses present at the March 11 meeting or participating in the           
          settlement negotiations, his testimony is highly implausible in             
          the circumstances.  First, accepting Mr. Wolfe’s version of                 
          events would require us to believe that Mr. McCarthy, an                    
          experienced litigator, left unresolved the question of whether a            
          settlement would occur on the afternoon before a scheduled                  
          trial–-in particular, when he was scheduled to give oral argument           
          the next morning in another case.  We find it unlikely that, as             
          Mr. Wolfe claims, Mr. McCarthy advised him that there would be an           






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