EXHIBIT A

Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 1 of 22 PageID #:7
Service of Process

Transmittal

06/10/2020

CT Log Number 537769974

TO: Stephen Stallings

MCDERMOTT, INC.

757 N. Eldridge Parkway

Houston, TX 77079

RE: Process Served in Illinois

FOR: Chicago Bridge & Iron Company (Delaware)  (Domestic State: DE)

Page 1 of  1 / AS

Information displayed on this transmittal is for CT

Corporation's record keeping purposes only and is provided to

the recipient for quick reference. This information does not

constitute a legal opinion as to the nature of action, the

amount of damages, the answer date, or any information

contained in the documents themselves. Recipient is

responsible for interpreting said documents and for taking

appropriate action. Signatures on certified mail receipts

confirm receipt of package only, not contents.

ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:

 

TITLE OF ACTION: GERALD MANSELL, PLTF. vs. CHICAGO BRIDGE & IRON, COMPANY, DFT.

DOCUMENT(S) SERVED: -

COURT/AGENCY: None Specified

Case # 2020L005023

NATURE OF ACTION: Employee Litigation

ON WHOM PROCESS WAS SERVED: C T Corporation System, Chicago, IL

DATE AND HOUR OF SERVICE: By Process Server on 06/10/2020 at 14:37

JURISDICTION SERVED : Illinois

APPEARANCE OR ANSWER DUE: None Specified

ATTORNEY(S) / SENDER(S): None Specified

ACTION ITEMS: CT has retained the current log, Retain Date: 06/10/2020, Expected Purge Date:

06/15/2020

Image SOP

Email Notification,  MATACHA SAUL  matacha.saul@mcdermott.com

Email Notification,  Stephen Stallings  Stephen.stallings@mcdermott.com

Email Notification,  NATALYA GOOCH  ngooch@mcdermott.com

Email Notification,  Stacie Brownell  sfbrownell@mcdermott.com

Email Notification,  BARBARA WILLIAMS  bwilliams2@mcdermott.com

SIGNED: C T Corporation System

ADDRESS: 1999 Bryan St Ste 900

Dallas, TX 75201-3140

For Questions: 877-564-7529

MajorAccountTeam2@wolterskluwer.com

Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 2 of 22 PageID #:8
Wolters Kluwer

PROCESS SERVER DELIVERY DETAILS

Date: Wed, Jun 10, 2020

Server Name: Robert Fairbanks

Location: Wheaton, IL-CHI

Entity Served CHICAGO BRIDGE & IRON COMPANY

Agent Name C T CORPORATION SYSTEM

Case Number 2020-L-005023

Jurisdiction IL-CHI

Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 3 of 22 PageID #:9
FILED

6/5/2020 3:24 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

2020L005023 COCNJ

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2221 - Not Served

2120 - Served

2220 - Not Served

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2320 - Served By Mail 2321 - Served By Mail

2420 - Served By Publication 2421 - Served By Publication CO

o Summons - Alias Summons (08/01/18) CCG 0001A C!

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LLI IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

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Gerald Mansell il

(Name aU parties) 2020-L-005023 Case No.

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Chicago Bridge & Iron Company

SUMMONS 0 ALIAS SUMMONS

To each Defendant:

YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of

which is hereto attached, or otherwise file your appearance and pay the required fee within thirty

(30) days after service of this Summons, not counting the day of service. To file your answer or

appearance you need access to the internet. Please visit www.cookcounq-clerkofcourt.org to initiate

this process. Kiosks with internet access are available at aU Clerk’s Office locations. Please refer to

the last page of this document for location information.

If you fail to do so, a judgment by default may be entered against you for the reUef

requested in the complaint.

To the Officer:

This Summons must be returned by the officer or other person to whom it was given for service,

vith endorsement of service and fees, if any, immediately after service. If service cannot be made,

this Summons shall be returned so endorsed. This Summons may not be served later than thirty (30)

days after its date.

Chicago Bridge & Iron Company

R/A: C T Corporation System

208 SO LaSalle St., Suite 814

Chicago, IL. 60604

Dorothy Brown, Clerk of the Circuit Court of Cook County, Ilhnois

cookcountyclerkofcourt.org

Page 1 of

Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 4 of 22 PageID #:10
. Summons - Alias Summons (08/01/18) CCG 0001 B

E-filing is now mandatory for documents in civil cases with limited exemptions. To e-file, you must first 

create an account with an e-fihng service provider. Visit http://efile.illinoiscourts.gov/service-ptoviders.htm

to learn more and to select a service provider. If you need additional help or have trouble e-filing, visit http://

www.ilUnoiscourts.gov/FAQ/gethelp.asp, or talk with your local circuit clerk’s office.

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6/5/2020 S 43734 Witness:

6/5/2020 3:24 PM DOROTHY BR0WrJ-(

Atty. No.:

Atty Name:

Atty. for: _

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Megan Shannon 5

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CO DOROTHY BRO\)C/N, Clerk o

100 N. Riverside Plaza, Suite 2150 Address:

City: Chicago

State:

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Date of Service: ____________

(To be inserted by officer on copy left with

Defendant or other person):

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mshannon@stephanzouras.com Primary Email:

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois

cookcountyclerkofcourt.org

Page 2 of 3

Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 5 of 22 PageID #:11
CLERK OF THE CIRCUIT COURT OF COOK COUNTY OFFICE LOCATIONS

Domestic Relations Division

Richard J Daley Center

50 W Washington, Rm 802

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Civil Appeals

Richard J Daley Center

50 W Washington, Rm 801

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Criminal Department

Richard J Daley Center

50 W Washington, Rm 1006 

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

County Division

Richard J Daley Center

50 W Washington, Rm 1202

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Probate Division

Richard J Daley Center

50 W Washington, Rm 1202 

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Law Division

Richard J Daley Center

50 W Washington, Rm 801

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Traffic Division

Richard J Daley Center

50 W Washington, Lower Level

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Richard J Daley Center

50 W Washington

Chicago, IL 60602

District 2 - Skokie

5600 Old Orchard Rd

Skokie, IL 60077

District 3 - Rolling Meadows

2121 EucUd

Rolling Meadows, IL 60008

District 4 - Maywood

1500 Maybrook Ave

Maywood, IL 60153

District 5 - Bridgeview

10220 S 76th Ave

Bridgeview, IL 60455

District 6 - Markham

16501 S Kedzie Pkwy

Markham, IL 60428

Domestic Violence Court

555 W Harrison

Chicago, IL 60607

Juvenile Center Building

2245 W Ogden Ave, Rm 13

Chicago, IL 60602

Criminal Court Building

2650 S California Ave, Rm 526 

Chicago, IL 60608

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Daley Center Divisions/Departments

Civil Division

Richard J Daley Center

50 W Washington, Rm 601

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Chancery Division

Richard J Daley Center

50 W Wasliington, Rm 802

Chicago, IL 60602

Hours: 8:30 am - 4:30 pm

Dorothy Brown, Clerk of the Circuit Court of Cook County, lUinois

cookcountyclerkofcourt.org

Page 3 of 3

Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 6 of 22 PageID #:12
12-Person Jury

FILED

5/6/2020 5:02 PM

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL COUNTY DEPARTMENT, LAW DIVISION

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CHICAGO BRIDGE & IRON, ) JURY TRIAL DEMANDED

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Plaintiff, Gerald Mansell, by and through his attorneys, complains of Defendant Chicago

Bridge & Iron Company (“CBIC”), for violation ofthe Illinois Wage Payment and Collection Act

(“IWPCA”), 820 ILCS §§ \ ]5etseq. and common law breach of contract. In support ofthis claim.

Plaintiffstates as follows:

NATURE OF THE ACTION

1. Gerald Mansell (hereinafter “Plaintiff’ or “Mansell”) seeks redress for Defendant’s

violation ofthe Illinois Wage Payment and Collection Act, 820 ILCS §§115 etseq. for failure to

pay his final compensation in the form of a guaranteed bonus payment.

2. Plaintiff worked for CBIC as a Project Manager from January 2013, until April

2017 with his primary assignment being the ARAMCO refinery in Jazan, Saudi Arabia

(“ARAMCO Project”).

3. As part of Plaintiffs employment with Defendant, Plaintiff was guaranteed a

bonus. CBIC incentivized Plaintiffand other key project team members with individually weighted

bonuses based on their meaningful impact on project performance.

4. CBIC established a Project Personnel Incentive Plan that set forth a bonus

percentage for each key team member (“Project Management Team Bonus” or “PMT Bonus”).

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Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 7 of 22 PageID #:13
Bonus pay out would be calculated using each key team member’s assigned bonus percentage from

CO the project’s overall success in completion. The PMT bonuses were to be paid upon completion of

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the project.

5. Despite its substantial completion, final completion of the ARAMCO Project was

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ofthe ARAMCO Project was delayed until 2019. ir>

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U. Project. Plaintiff subsequently retired with the understanding that his PMT bonus would be paid

out upon completion.

7. Since that time, the ARAMCO Project was successfully completed and PMT

bonuses were paid to ARAMCO Project team members, except for Plaintiff.

8. Plaintiff has contacted CBIC repeatedly regarding his PMT bonus, to no avail.

9. Accordingly, Defendant failed to pay Plaintiff his final compensation owed in

violation ofthe IWPCA and common law breach of contract.

PARTIES

10. Plaintiffis a natural person and a citizen ofthe state ofIllinois. At all times material.

Plaintiffwas an “employee” as defined by 820 ILCS 115/2.

11. Defendant, CBIC, is a Delaware corporation with an Illinois office that is registered

to conduct business in the State ofIllinois. At all times material, CBIC has been an “employer” as

defined by 820 ILCS 115/2.

JURISDICTION AND VENUE

12. This Court hasJurisdiction over Defendant pursuant to 735 ILCS 5/2-209 because

it conducts business transactions in Illinois and is registered to conduct business in Illinois.

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Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 8 of 22 PageID #:14
13. Venue is proper in Cook County because Defendant conducts business in Cook

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3 FACTUAL BACKGROUND 3

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14. Plaintiff began working for CBIC as a Project Manager in January 2013. Plaintiffs

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Jazan, Saudi Arabia. lO

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magnitude and value. The ARAMCO Project met these qualifications for PMT bonuses. U.

16. As the ARAMCO Project progressed, CBIC introduced the PMT bonuses for

certain key team member of the ARAMCO Project, including Plaintiff, to incentivize their

performance.

17. In October of 2014, CBIC presented Plaintiff with documents signed by Cesar

Canals -the President of CBIC Steel Plate Structures and Phillip Asherman - the President and

CEO of CBIC, approving his scheduled PMT bonus. See PMT Bonus Documents attached as

Exhibit 1.

18. However, in early 2017 the ARAMCO Project experienced budgetary and funding

issues, specifically based on delays and repairs related to excessive settlement of the customer’s

foundations.

19. By April 2017, Plaintiff had substantially completed his work on the ARAMCO

Project.

20. Plaintiff subsequently retired in . April 2017, with the understanding that his

guaranteed PMT bonus was already earned and would be paid out upon funding ofthe ARAMCO

Project.

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Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 9 of 22 PageID #:15
21. In late 2019, Plaintiff became aware that the ARAMCO project had been finalized,

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3O 22. However, Plaintiff has not received his guaranteed PMT bonus.

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23. Upon information and belief, all other members ofthe ARAMCO Project who were

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guaranteed a PMT bonus have been paid their PMT bonuses. lO

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bonus. See Correspondence to Cesar Canals attached as Exhibit 2. LL

25. However, Mr. Canals and CBIC completely ignored Plaintiffs inquiry. On

February 24, 2020, Plaintiff called Mr. Canals and left a message with his secretary.

26. Again, Mr. Canals and CBIC completely ignored Plaintiffs inquiry. Plaintiff called

again on March 5, 2020 at which point Mr. Canals’ secretary stated that Plaintiffshould expect a

call from CBlC’s Corporate HR Manager, Thomas Feltes.

27. Yet again, CBIC ignored Plaintiff and failed to respond to his inquiry. On March

9, 2020 when it became apparent neither Mr. Canals nor Mr. Feltes were going to call. Plaintiff

called Mr. Canals and left him another message.

28. On March 10, 2020 Mr. Feltes called Plaintiff and stated that Plaintiff would not

receive a PMT bonus based on CBIC’s policy that only employees who are employed at the time

of payout receive bonuses, with the exception of executives.

29. As set forth above, CBIC guaranteed that Plaintiff would receive a PMT bonus in

addition to his annual salary compensation, and that Plaintiffs retirement would not affect his

guaranteed PMT bonus.

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Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 10 of 22 PageID #:16
Crucially, CBIC did not condition the payout of PMT bonuses on continued

employment with CBIC. In fact, at no point did CBIC indicate, through verbal communications or

written documents, that an individual must remain employed by CBIC in order to receive their

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PMT bonus.

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31. Plaintiffs PMT bonus was due upon completion ofthe ARAMCO Project. lO

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FIRST CAUSE OF ACTION

Violation ofthe IWPCA

(Failure to Pay Final Compensation)

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Plaintiff incorporates the foregoing allegations as iffully set forth herein.

Under the IWPCA, “[pjayments to separated employees shall be termed ‘final

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compensation’ and shall be defined as wages, salaries, earned commissions, earned bonuses, and

the monetary equivalent ofearned vacation and earned holidays, and any other compensation owed

the employee by the employer pursuant to an employment contract or agreement between the 2

parties.” 820 ILCS 115/2.

35. Defendant guaranteed Plaintiff a PMT bonus. See Exhibit 1.

36. The IWPCA requires employers to pay the final compensation of separated

employees in full, at the time ofseparation, if possible, or as here, by a mutually agreed upon time.

820 ILCS 115/5.

37. Plaintiffs employment relationship with CBIC was terminated by mutual consent

ofthe Parties.

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Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 11 of 22 PageID #:17
38. Pursuant to Plaintiffs approved PMT bonus agreement, Defendant was to pay

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il SECOND CAUSE OF ACTION

Common Law Breach of Contract

41. Plaintiff incorporates the foregoing allegations as iffully set forth herein.

42. Plaintiff and Defendant entered into an agreement as to plaintiffs PMT bonus in

October 2014. See Exhibit 1.

43. Plaintiff performed his obligations under the agreement by executing hisjob duties

to the substantial completion of the ARAMCO Project, ultimately resulting in the successful

completion ofthe ARAMCO Project.

44. Defendant has since breached the agreement by failing to pay Plaintiff his PMT

bonus upon completion ofthe ARAMCO Project.

45. Defendant’s misleading and continuously deceptive conduct towards Plaintiff

caused him to suffer actual damages of at least $204,241.00.

46. Defendant’s failure to pay Plaintiffs guaranteed PMT bonus constitutes a material

breach oftheir October 2014 agreement.

PRAYER FOR RELIEF

WHEREFORE, PlaintiffGerald Mansell, by and through his attorneys, demandsjudgment

against the Defendant and in favor of the Plaintiff, for a sum that will properly, adequately and

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Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 12 of 22 PageID #:18
completely compensate Plaintiff for the nature, extent and duration of his damages, the costs of

this action and as follows: CO

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g A. Declare and find that the Defendant violated the IWPCA with respect to Count I;

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5 B. Declare and find that the Defendant is in breach of contract with respect to Count

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in II;

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D. Award 2% compounding interest on all compensatory damages due; LL

E. Award Plaintiff reasonable attorneys’ fees and all costs, to be paid by Defendant,

in accordance with the IWPCA;

F. Grant leave to amend to add claims under applicable law; and

G. For such further relief as the Court deemsjust and equitable.

JURY TRIAL

Plaintiff demands a trial by jury for all issues so triable.

Dated: May 6, 2020 Respectfully Submitted,

/s/RvanF. Stephan

Ryan F. Stephan

James B. Zouras

Megan E. Shannon

Stephan Zouras, LLP

100 N. Riverside Plaza

Suite 2150

Chicago, Illinois 60606

312.233.1550

312.233.1560/

rstephan@stephanzouras.com

jzouras@stephanzouras.com

mshannon@stephanzouras.com

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Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 13 of 22 PageID #:19
ATTORNEYS FOR PLAINTIFF

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Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 14 of 22 PageID #:20
CERTIFICATE QE-SERVICE

CO I, the attorney, hereby certify that on May 6, 2020, I electronically filed the attached with

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the Clerk ofthe Court using the electronic filing system which will send such filing to all attorneys

ofrecord.

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Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 15 of 22 PageID #:21
EXHIBIT 1

FILED

5/6/2020 5:02 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

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Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 16 of 22 PageID #:22
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_l Intercompany Memo Personaland ComiPEmiAL

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2 October 22,2014

Phil Asherman - President & CEO, CB&I

Cesar Canals - President, Steel Plate Structures

Luke Scorsone - Executive Vl^koup President, Fabrication Services

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SPS Project Personnel Incentive Approval

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UPhil,

Per the CB&I Delegated Limits of Authority, we request your ^roval for the Steel Plate Structures

Project Personnel Incentive Plans as listed in Table 1 ofthe AttachmenL As we have several project

bonus incentive plans pending approval, I believe it is expeditious to present these collectively, r^er

than individually.

This request is for preliminary plan approval for. the listed projects. Attached are ten Preliminaiy

Bonus Plan summary sheets detailing the parameters of the incentive plans and payment calculation

method. The individual amounts shown in the actual pay out <mlumn i^resent estimated payment

amounts of what is tronsideied outstanding performance. The final payinent aimbunta win vary

based on project, team changes, individual ass^meut duration, indMdnal contribnfions, and

final project raiilts.

This incentive is a results*based, bonus program for selected project team members whose individual

efforts can impact the project’s performance and profitability. The program has been d^gned to

promote, recognize and reward the following:

• World-class projwtexwutira

• Employees willing to be ba^ on projectsit^

• Passionate safety focus

• Qeative value avweness

• Effective change manageromit

» Teamwork

ResuHs-Based Approach

This is a 100% gain sharing program r^ch is fimded solely by inqirovements in project earnings

beyond as-sold estimate. The basis for the bonus is developed by measuring imiuovements in the

contract gross profit (OP) at the completion offoe project. A “Bonus Pool” is established as apercent of

foe increased OP. This percent ranges from zero percent (0%) up to a maximum of sixteen percent

(16%) depending on saving thresholds. Change Orders are assurrted to bear profit at as-sold levels -

fous, any changes sold at greater than as-sold maigfois will also contribute to foe bonus pool. Cost

savings from improvements in project execution will also ctmtribute to the bom» pool, hi fiict, foe

gmtest o{^rtunity for inqnovmnents in OP will result from site execution savings driven by the stremg

planning and

drop directly into the bonus base.

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as efforts ofthe project team. The resultant savings from improved execution

Psgs 1 of 2 / SPSPTBAnBovalLetter-October2014.^h>cx

Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 17 of 22 PageID #:23
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Particii^nts in tfie program are selected from key project team members who have the capacity to

meaningfully impact project performance. Selected participants are individually weighted in the

program to reflect management’s assessment oftheir respective ability to impact the profitability ofthe

project.

Safety Focua

Promoting CB&Fs core value to provide a safe work environment, the program rewards good safety

results relative to stated CB1 goals as specified on the Bonus Input Sheet. Good safety performance is

assumed, therefore, poor safety results will negatively impact the bonus “pool”. To reinforce the

desired emphasis, the impact ofsafety performance is cdcuiated and presented separately on the Bonus

Pool Calculation Sheet.

Value Awareness

One effective means to improve project performance is to identify and implement Lessons Learned

concepts. This program rewards “creative thinking” among the key project team members. Again, any

resultant savings or GP improvement fiom increased revenue drops directly into file bonus pool.

Change Management

Another effective means to improving GP is through contract change management Contract changes

resulting from effective change management present us with an opportunity for PM’s to improve project

profitability by increasing the maikiqi fiom the “as-sold” level. TTiis bonus program promotes efl^tive

change management by including GP greater than “as-sold” GP in the bonus pool.

Teamwork

This program establishes a common set ofgoals and objectives for key project team members. Working

in a coordinated and focused manner with these gr^ds in sight, the team is poised with the best

opportunity for overall project success.

I am available to discuss this program and these projects with you at your convenience.

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President

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Philip Asherman, President & CEO, CB&I

Attachment A

Page 2 of2 ! SFS PTB Apjaoval Letter- October 20 lAdooc

Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 18 of 22 PageID #:24
FILED DATE; 5/6/2020 5:02 PM 2020L005023

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192583 Beaumont, TX 49.5 MM 3.0 MM 6% USA

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TABLE!

Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 19 of 22 PageID #:25
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Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 20 of 22 PageID #:26
EXHIBIT 2 FILED

5/6/2020 5:02 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

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UCase: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 21 of 22 PageID #:27
CO

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Plainfield, IL 60544 O

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January 9, 2020

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g Mr. Cesar Canals

Global Vice President

Product Executive CB&I Storage Tank Solutions

2013 Research Forest Drive

The Woodlands, TX 77380

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Re: Jazan Project Personnel Incentive

Dear Cesar,

Please refer to the enclosed letter, dated October 22, 2014, with which you secured approval ofthe SPS

Project Personnel Incentive Plans for ten CB&I projects. As noted in Table 1,1 was the Project Manager

for 182200/184505, seven DDFRTs and eleven spheres for PSAL at the new ARAMCO refinery in Jazan,

Saudi Arabia. My participation in this project began with the pre-contract efforts in early 2013, and I

retired as we reached substantial completion in April 2017.

Because of delays and repairs related to excessive settlement ofthe customer's foundations, 182200

was not closed out until 2019.1 have remained in contact with many of my Project Team members, and I

was happy to learn that the PMT bonuses were distributed in December. Flowever, I understand my

portion ofthe bonus will not be paid because I am no longer with the Company. I am not aware of any

Company policy that supports this exclusion.

I would greatly if you would review this issue and inform me ofthe resolution. I can be reached by mail

at the address above or by email at jerry.mansell@att.net.

Sincerely,

Jerry Mansell

Case: 1:20-cv-03957 Document #: 1-1 Filed: 07/07/20 Page 22 of 22 PageID #:28