Charles E. and Noel K. Bradley - Page 42

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          intended to pay for petitioner’s direct claims and was not                  
          necessarily intended to include claims of libel, slander, and               
          emotional distress as later alluded to in the Implementing                  
          Agreement.                                                                  
               Moreover, it is the absence of knowledge of the claim by Mr.           
          Boyle and Ormet that is most damaging to petitioner.  The basis             
          of the controversies between petitioner and Ormet centered around           
          issues dealing with directors’ rights in a contest for corporate            
          control and petitioner’s rights pursuant to the Option Agreement.           
          These claims are essentially contractual in nature.  The record             
          reflects that these disputes were petitioner’s and Ormet’s                  
          primary concern in conducting and settling the Six Lawsuits.                
               Petitioner’s attorney, Mr. Conner, wanted Ormet’s attorney,            
          Mr. Bachman, to allocate the $12 million to the personal injury             
          claims that petitioner had not filed, but Mr. Bachman, Mr. Boyle,           
          and Ormet were unwilling to do so.  In fact, Mr. Bachman                    
          testified that Ormet did not spend any time defending against               
          claims for libel or slander because there were none filed by                
          petitioner.                                                                 
          VI. Conclusion                                                              
               Petitioners have not demonstrated that the $12 million                 
          payment Mr. Bradley received from Ormet was “on account of                  
          personal injuries or sickness”.  Moreover, the Court will not               
          speculate as to unstated possible reasons for the settlement nor            






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