Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 435

                                                 -77-                                                   
            persuaded Lisle to allow Hyatt Corp. to be considered for the                               
            Embarcadero Hotel's management contract.42  Weaver intervened                               
            with Lisle on behalf of Hyatt Corp. because A.N. Pritzker                                   
            promised Weaver a 10-percent share of the “retained profits”                                
            Hyatt Corp. might earn managing the Embarcadero Hotel if Weaver                             
            could persuade Lisle to allow Hyatt Corp. to bid on the contract.                           
            Ballard, Transcr. at 127, 135-137;43 Exh. 362.                                              





                  42  Tenneco Corp., Weaver’s employer, apparently did not                              
            have any equity or other interest in the Embarcadero Hotel                                  
            project.  The record does not fully disclose the circumstances                              
            that caused and led Mr. Weaver to persuade Lisle to allow Hyatt                             
            Corp. to compete for the Embarcadero Hotel’s management contract,                           
            nor does the record disclose what specific past dealings Mr.                                
            Weaver may have had with Lisle.  While both Lisle and A.N.                                  
            Pritzker died before the trial of the instant cases, Mr. Weaver’s                           
            testimony was not offered by the parties.  As Lisle had                                     
            previously worked in Prudential’s Houston regional office, Lisle,                           
            in all likelihood, had already been acquainted with Mr. Weaver,                             
            as Mr. Weaver had been employed in Tenneco’s real estate                                    
            operations for some time and, beginning in about 1968, had worked                           
            with Ballard in putting together the development project for the                            
            Houston Hyatt Hotel.  (Emphasis added.)                                                     
                  The first clause emphasized above is incorrect.  The                                  
            circumstances that led Weaver to influence Lisle to allow Hyatt                             
            Corp. to bid on the Embarcadero Hotel management contract are set                           
            forth in additional findings of fact in the text that follows.                              
                  The second clause emphasized above is notable.  Ballard                               
            denied ever meeting Weaver.  Ballard, Transcr. at 247.  Ballard’s                           
            testimony on this point was not credible.                                                   
                  43  Ballard testified:  “Mr. Weaver was bugging Mr. Lisle to                          
            let Pritzker bid on the hotel.”  Ballard, Transcr. at 127.                                  




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