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<br />7. On February 28, 1994, C&W and Piston entered into a Stipulation Regarding <br />procedure far Liquidation of Claim of Allen L. Fatlon (Claim No. 14 on Ne post <br />confirmation claims register) (NC 'Stipulation'). <br />8. Punuant so the Stipulation, CBcW and Easton agreed Nat Easton could seelr <br />liquidation of his chum in the lawsuit filed by Easton in Ne United Sara DistriU Court for <br />die Disdicl of Colorado, Case No. 97-Z-1290, and upon liquidation, EssWn could file an <br />amended proof of claim in this Court, which claim would be paid in accordana with die <br />provisions of the confirmed Plan in this case. <br />9. The Stipulation further provided that the parties mould negotiate to settle <br />Patron's claim, but than any settlement agreement would be subject to notice end hearing in <br />this Court. <br />10. In order to avoid the time, expense and unartaintiu of lidgauon and b rude <br />Ne disputes betwan the paniu, C&W and Easton entered into the RUwe and Waiver of <br />Righd and file Nis Motion seeking approval of the Rdeax and Waive of Rights. $pL <br />Affidavit of 1. David Houghon, a copy of which is attached hereto u Exhibi[ B. <br />! I. C&W, using its business judgment, having analyred Ne claims which might be <br />assutM by Easton, and having considued Ne likelihood of tuocess if Ne matte has m be <br />vied and Ne litigatlon cote associated wiN deknding Piston's claims, has detumined Nat <br />approval of Ne Release and Waiver of Rights is in Ne best interestt o[ its estate. $g <br />Affidavit of 1. David Houghton. <br />12. C&W and Poston have negotiated and entered into Ne Release and Waive of <br />Righu in good faith. $g Affidavit o! 1. David Houghton. <br />IJ. The principal terms of dtc Release and Waive of Rights aze wmmarirm u <br />follows. Refercna should be made N she Release and Waive of Rights for a review of all <br />of the terms of the Release and Waiver of Rights. To the exlrnt that the summary below is <br />inconsistent with the Release and Waive of Rights, the Rdose and Waiver of Rights shall <br />govern. <br />a. C&w shall pay b F~non N< mom of 57,000.00. <br />b. In consideration of said payment, Fitton agrees to release and forever <br />dischazge C&W, Ne new Colorado & Wyoming Railway Company, Reorgantred CF&1 Stal <br />Corporation, any companies or entiun affiliated with eithu of Nem, and Ne Chapter 11 <br />Railway Trusts of Reorganized CdeW from any and all claims related to the alleged injury <br />sustained by Patton which is the subjtU of the lawwit filed in the United Sates District <br />Coen for the District of Colorado. <br />c. Easton fuller agree than Ne S7,f100.00 settlement amount shall <br />constitute liquidation and full sstisfaaion of his proof of claim which he previously filed in <br />the bankruptcy praeedings. <br />d. Easton acknowledge and agras Nat ire is obligarrd to repay to Ne <br />Railroad Retirement Board, sickness benefits paid so Easton under the Railroad <br />Unemployment Insurance Act in relation to the alleged injury sustained by Faston, and that <br />7 ~ <br />