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• BREACH OF CONTRACT Ohio State must pay fired coach $2.4M COLUMBUS, OHIO (AP) � An Ohio intermediate state appellate court has ruled that Ohio State University must pay former men’s basketball coach Jim O’Brien more than $2.4 million for his wrongful firing in 2004. O’Brien, the head coach of the Buckeyes from 1998 to 2004, was fired after revealing to then-Ohio State athletics director Andy Geiger that he had loaned a recruit $6,000. O’Brien sued Ohio State for wrongly firing him and was awarded $2.2 million plus interest in August 2006. University attorneys had argued in their appeal that O’Brien committed a material breach of his contract and shouldn’t receive any money. • POLLUTION Utility fined $11M for Clean Air Act violations FRANKFORT, KY. (AP) � The Environmental Protection Agency said that East Kentucky Power Cooperative has agreed to pay a fine of more than $11 million to settle alleged violations of the Clean Air Act. The agency claims two of East Kentucky generating units at the company’s William C. Dale coal-fired power plant in Clark County, near Lexington, did not comply with the federal acid rain program. • PRODUCTS LIABILITY $27M for firefighter’s family over faulty tools ST. LOUIS (AP) � A Missouri state jury has awarded $27 million to the family of a St. Louis firefighter who died battling a blaze in 2002 in a suit against the maker of breathing equipment. Jurors awarded $12 million after deciding that the company, California-based Survivair Inc., was at fault in the death of Derek Martin. After further deliberations, the jury awarded an additional $15 million after determining that there were aggravating circumstances. • REGULATORY ACTION Mutual fund, SEC settle market-timing probe BOSTON (AP) � Evergreen Investments, the mutual fund unit of Wachovia Corp., has agreed to a $32.5 million settlement to resolve allegations that it allowed improper trading that favored certain investors at the expense of others. The U.S. Securities and Exchange Commission said investigators found that market-timed trading involving Evergreen Investments funds from September 1998 to June 2004 diluted their value by nearly $29 million. Contrary to information sent to investors in the funds, Evergreen allowed certain favored shareholders to execute quick, in-and-out trades that skimmed profits from long-term shareholders and benefited the short-term investors. Evergreen and three affiliates also owned by the bank will give up $28.5 million to help reimburse investors, and pay another $4 million in civil penalties. Bank pays $31M to settle money laundering claims SAN FRANCISCO (AP) � UnionBanCal Corp. will pay more than $31 million to settle charges that it failed to take effective measures to prevent money laundering. The San Francisco-based bank acknowledged that transactions conducted between May 2003 and April 2004 through some accounts held by Mexican financial institutions were thought to be linked to drug trafficking. UnionBanCal is a subsidiary of Japanese banking giant Mitsubishi UFJ Financial Group. • TERRORISM Banana firm fined $25M for paying terrorist group WASHINGTON (AP) � A District of Columbia federal court has accepted a plea agreement between the Justice Department and Chiquita Brands International Inc. that imposes a $25 million fine on the company for payments it made to Colombian militias between 1997 and 2004. Chiquita claimed that it was forced to make the payments and was acting only to ensure the safety of its workers. Chiquita voluntarily alerted the U.S. Department of Justice in April 2003 to the deals, which by that time had been ongoing for 15 years. The banana company admitted to paying about $1.7 million between 1997 and 2004 to the United Self-Defense Forces of Colombia, or AUC according to its Spanish initials. The U.S. government designated the AUC a terrorist group in September 2001. Additionally, Chiquita made payments to the National Liberation Army and the Revolutionary Armed Forces of Colombia, as control of the company’s banana-growing area shifted. • TORTS Bus firm fined $5.25M for giving students TB ALICE, TEXAS (AP) � A Texas state jury has ordered a bus company to pay $5.25 million to six high school band members and a chaperone who contracted tuberculosis from a bus driver. The jury award followed a guilty verdict on one count each of negligence against Garcia Holiday Tours and the driver, 58-year-old Raul Garcia. Alice High School contracted Garcia Holiday Tours to take the band to San Antonio for its year-end trip in the spring of 2004. The driver coughed repeatedly during the trip and was diagnosed with active tuberculosis nine days later.

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