Jesse M. and Lura L. Lewis - Page 58

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          respondent’s litigating position in response to the mandate of              
          the Court of Appeals in Dixon V--in general, that the mandate               
          requires a 20-percent reduction in deficiencies plus payment of             
          actual attorney’s fees--as a settlement offer.  They then                   
          elaborate on the terms of that putative offer to their benefit,             
          by assuming it contains both a forgiveness of interest for the 12           
          years preceding 1992 and a reduction of proposed deficiencies by            
          62 percent.  They conclude by asking the Court to impose this               
          settlement upon respondent.  As we decided in an order in these             
          cases dated February 24, 2005, we decline to be put into the                
          anomalous position of compelling a settlement, especially when              
          the “settlement” as set forth by Messrs. O’Donnell and Jones                
          might most generously be construed to be no more than a                     
          counteroffer to a position articulated by respondent.                       
               Following the remand in Dixon V, the remaining test case               
          petitioners and a representative group of non-test-case                     
          petitioners who did not accept respondent’s January 1993                    
          settlement offer (including non-test-case petitioners represented           
          by Messrs. O’Donnell and Jones) have made prodigious efforts to             
          discover and introduce evidence that the Thompson settlement was            
          actually more generous to the Thompsons than is apparent from its           
          formal terms.  Whether those efforts have been successful is                
          irrelevant to our disposition of the pending motions for leave.             
          The Thompson settlement as it had become known in 1993 has been             






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