HomeMy WebLinkAbout08-65
e
e
RESOLUTION NO. R- 6 ~
A RESOLUTION ratifying execution of an agreement dated
March 29, 1965, between the City of Port Angeles and
Westinghouse Electric Corporation.
WHEREAS, the City of Port Angeles, hereinafter called
the City, has asserted claims against Westinghouse Electric
Corporation, more particularly set forth in Civil Action Nos.
5375 through 5380, inclusive, and Nos. 5402 through 5413, in-
elusive, and No. 5850 in the United States District Court for
the Western District of Washington, alleging that excessive
prices were charged for electrical apparatus purchased by the
City, which claims have been denied by Westinghouse; and
WHEREAS, the City has authorized John J. O'Connell,
Attorney General of the state of Washington, and Joseph L.
Alioto, Esq. to carry out such litigation on its behalf and
to negotiate a settlement compromise including a Covenant Not
To Sue; and
WHEREAS, the City through its aforesaid :attorneys and
Westinghouse have agreed upon the terms of a compromise settle-
ment of the litigation, the terms of which the Council deems
to be fair and reasonable to the City; now, therefore,
BE IT RESOLVED that the City of Port Angeles hereby
ratifies the action of John J. O'Connell and Joseph L. Alioto,
attorneys for the City, in executing an Agreement of March 29,
1965. This Agreement calls for a compromise payment to be
made to John J. O'Connell, as Trustee, in exchange for which
the City promises to execute the attached Covenant Not To Sue
and to move for dismissal of its actions against Westinghouse.
BE IT THEREFORE RESOLVED that the City of Port Angeles
does hereby authorize G. o. Pohl to execute a Covenant Not To
Sue, dated April 16, 1965, in the form attached.
e
e
BE IT FURTHER RESOLVED that the City of Port Angeles
does hereby ratify the action of John J. O'Connell and Joseph
L. Alioto on April 5, 1965 in stipulating to the dismissal of
the Complaint against Westinghouse in civil Actions Nos. 5375,
5376, 5377, 5378, 5379, 5380, 5402, 5403, 5405, 5406, 5407,
5408, 5409, 5410, 5411, 5412, 5413 and 5850 and for the dis-
missal and settlement of all statement of claims relating to
purchases of electrical equipment manufactured or sold by West-
inghouse, or under its trade mark or trade name, all with
prejudice.
DATED this IJI~ay of
,
~..),J~J , 1965.
C-d--Ml.te~4
May r
" .
~...c"'cc
...,~
.........'-~
--
-' -
~ c
. n
'~..*
~~
;-
, :.;,"
.~ ~
~:
...--. .. :II: _....
"Attest: !S
",...,. ...-
;-""~Io- . ....
;#~C~hO/
~ty C erk
Approved as to form:
-2-