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BRIGGS aiD MORGAN April 29 , 1988 Page Two conference which many of you attended last fall . We could not recommend acceptance because the amount was insufficient if no Trio defendants remained in the case. The renewed offer is not only for more money, $82, 500 .00, but also keeps some Trio defen- dants in the case. If you approve this settlement , we will deposit the settle- ment funds in an interest-bearing checking account and use the money to defray the future costs of this litigation. Such costs will include retaining our own experts, as well as conducting and attending depositions of the TCAAP defendants ' experts and officials . In other words, the settlement money will not be directly disbursed to you or this firm, but will be used exclu- sively to reduce the litigation costs which you are obligated to pay, according to our retainer agreement . The release of Minnesota Transfer Railway and Walburn, Ltd. , will be by a "Pierringer Release. " This common release provides that the plaintiffs will drop all present and future claims against these defendants in exchange for a lump sum payment of $82, 500 . 00 . In addition, the plaintiffs agree to indemnify the released parties against any claims brought by the remaining defendants -against Minnesota Transfer Railway and Walburn, Ltd. In other words, we agree to reduce any final judgment against the remaining defendants by that percentage of liability found by the Court to be attributable to Minnesota Transfer Railway and Walburn, Ltd. This should, in reality, have little effect on any judgment we obtain against the remaining TCAAP defendants, since the evi- dence so far indicates that the released defendants share little, if any, responsibility for the general groundwater contamination. I have enclosed for your review a copy of the proposed release. While its language and format is complicated, its effect is essentially as I described. Also enclosed for your signature is an authorization form by which you state that you reviewed and understand the release and authorize this firm to sign the release as your agent . Please return the authorization form to me in the enclosed, self-addressed, stamped envelope by Friday, May 6, 1988. A motion for court approval of the partial settlement has been set for Wednesday, May 11 , 1988. I would also take this opportunity to inform you that an offer of employment has been extended by our firm to Timothy Thornton . We have implemented all steps required by the Minnesota Rules of Professional Conduct to assure that Mr . Thornton will have no involvement with this matter , if he decides to join Briggs and Morgan.