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CONFIDENTIAL

May 28, 1994

Fiduciary Duty
Conspiracy

Confidential

Settlement –  $2,512,500

Judge

Barbara T. Gamer

Court

San Diego Superior


Attorneys

Plaintiff

Alan I. White
(Law Office of Alan I. White)

Kevin M. Tripi
(Law Offices of Kevin M. Tripi)


Defendant

Richard J. Pekin Jr.

Sigmund Luther

Gregory A. Post

Bruce D. Jaques Jr.

Donald L. Salem


Facts

In August 1990, the Commissioner of the California Department of Corporations seized the subject thrift and loan association and appointed one of the Plaintiffs, a guarantor of thrift accounts, as conservator and then as liquidator; the assets were liquidated and Plaintiff guarantor contributed approximately $4,200,000 to enable the Plaintiff thrift and loan association to repay its depositors and creditors.

Settlement Discussions

Offers and demands were not disclosed.

Damages

Plaintiffs sought recovery of the approximate $4,200,000 which the Plaintiff guarantor contributed to pay off the Plaintiff thrift and loan association's depositors and creditors.

Other Information

In settling with Plaintiffs, none of the Defendants admitted liability.


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