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.QUINN & LAMINACK Benjamin L. Hall, III, PhD Attorney at Law p rc (. rr.' 1 ~.: ~~ n o,r'.r...... 0) 2nD- 0 CI 1\ L '\., L ~ iJ .;.. iU -J oj 'v October 24,2000 Knox Askins, City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 RE: City of Wharton, et al v. HOllston Lighting & Power Co., et at Dear Former Class Member: As you know, Judge Wooldridge decertified the class in the above referenced matter. You should also know that nearly forty of the forty-seven class member cities passed resolutions and/or authorized our firm to represent their legal interests in the event of decertification. Pursuant to that authorization, we have filed lawsuits on behalf of all forty-seven class member cities in order to protect your legal interests. Because many of the issues involved in the pending lawsuits concern contract issues, we anticipate that attorney's fees will be awarded in addition to contract damages. However, in order to clarify the terms of our legal representation, we are proposing and providing to you the attached Power of Attorney which we would ask your City to authorize and execute. Please return same to us in the enclosed stamped, self-addressed envelope. Under the terms of the enclosed Agreement, your City will not be obligated to pay any expenses and/or attorney's fees unless a recovery is obtained. If a recovery is obtained, our fees will be paid solely out of the recovery at the greater of the amount awarded by the court and/or jury for attorney's fees or forty percent (40%) of the gross recovery. Under the terms of the Agreement, your City will never be required to pay any costs, expenses or fees which are not payable out of actual amounts recovered by our firm on your behalf. Time is of the essence - - we need the attached Power of Att ney returned to us as quickly as possible. BLH/sb 2300 Lyric Centre Building . 440 Louisiana . Houston, Texas 77002 . Telecopier (713) 222-6903 . Telephone (713) 223-1000