Monday, March 26, 2007

School fitness foundation lawsuit settled

Salt Lake Tribune - School fitness foundation lawsuit settled: "Correction: A story in Tuesday's Tribune about the settlement of a lawsuit involving the bankrupt National School Fitness Foundation cited a bankruptcy trustee's allegation of wrongdoing by businessmen Dale Holt and Marc Jenson. While that allegation appeared in a complaint filed on July 5, 2005, the trustee removed the allegation from an amended complaint filed on April 20, 2006.
One lawsuit spawned by the bankruptcy of a Utah company accused of fraudulently selling exercise equipment to more than 600 schools has been resolved in an out-of-court settlement.
In a document filed Friday in U.S. Bankruptcy Court for Utah, the court-appointed trustee for the bankrupt National School Fitness Foundation and attorneys for Salt Lake County businessmen Dale Holt and Marc Jenson said a settlement had been reached, eliminating the need for a trial that had been scheduled to begin March 30.
Terms were not disclosed in the court document. Attorneys for trustee R. Kimball Mosier and Holt declined to comment. But Jenson's attorney, Mark James, said the businessmen agreed to pay $130,000 of the $350,000 sought by the trustee. He declined to say how much each defendant paid.
Mosier had sued to collect the money on behalf of the American Fork-based foundation, which sold fitness programs and equipment to schools in Utah and 19 other states."

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