Jerry and Patricia A. Dixon, et al. - Page 114

                                       - 77 -                                         

               For two reasons, those petitioners who prepaid will receive            
          refunds many times greater than the Thompsons received:  Most of            
          those petitioners probably made payments equal to their                     
          originally determined deficiencies, not just 80 percent thereof,            
          like the Thompsons, and their refunds will be exponentially                 
          increased by interest accruals because they have had to wait much           
          longer than the Thompsons did to receive their refunds.                     
               On the other hand, those petitioners who, unlike the                   
          Thompsons, did not prepay will have deficiencies that will be               
          reduced in the same proportion as the Thompsons’ deficiencies               
          were finally reduced under the settlement.  Although they will              
          still have to pay those reduced deficiencies with interest                  
          accruing until mid-1992, their interest obligation will have been           
          substantially reduced by respondent’s concession.  We conclude              
          these comments by again observing that these petitioners will               
          still be substantially better off financially than they would               
          have been in the absence of respondent’s misconduct.  And so                
          should it be, in accord with the sanction the Court of Appeals              
          has fixed as the appropriate judicial response to the misconduct            
          of respondent’s attorneys.                                                  





          40(...continued)                                                            
          on an equal valuation scale”.                                               




Page:  Previous  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  Next

Last modified: May 25, 2011