Homosexual Information Center

Presented by The Tangent Group • HIC Publications

Agreement of Settlement between ONE, Inc. and HIC

dated April 25th,1967

RECITALS

A. The parties hereto are also parties to the action of One, Incorporated vs. Slater, et al. being action No. 864 824 pending in the Superior Court of Los Angeles County.

B. Prior to April 18, 1967, all of the individual parties hereto were members of or associated with One, Incorporated, an organization dedicated to the study and advancement of the interests of the homophile movement in the United States.

C. Since April 18, 1965, First Parties and Second Parties have engaged in activities directed to the advancement of the homophile movement but have done so separately.

D. The principal issue being litigated in the aforementioned actions is whether First Parties or Second Parties are entitled to the possession and control of the tangible assets of One, Incorporated and as to whether first Parties or Second Parties are entitled to the benefit of the good will and reputation of One, Incorporated.

E. It is the desire of all parties to settle their differences and disagreements in order that all parties shall be able to dedicate their efforts entirely to the advancement of the homophile movements without the distractions and difficulties attendant upon continued litigation.

NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:

1. Second Parties will turn over the First Parties the following:

(a) A copy of the mailing list, which copy has been inspected by DORR LEGG for all the parties of the First Part and found to be satisfactory.

(b) All of the business records of One, Incorporated, including the minutes, the files with business correspondence, ledgers, check stubs, white sheets, past invoices, etc., antedating April 18, 1965.

(c) All other correspondence of One, Incorporated, which the Second Parties have and which antedate April 18, 1965, which shall include correspondence with the public; with magazines and publishers and suppliers; Institute files, which include copies of lectures, fliers, programs and program notes and records; research files, which include collected statistics and documentary materials, especially from doctors and clergymen, and notes and correspondence from DR. BLANCHE BAKER.

(d) Custom-built 38" x 40" library shelves sufficient to take care of the books and library books hereinafter mentioned to be turned over to the First Parties; and an Adler typewriter.

(e) Four-drawer steel file cabinets which house the materials herein mentioned to be turned over to the First Parties.

(f) All the books in the Book Service with minor exceptions.

(g) Library books, of which there are an even number, are to be divided equally. In those cases where there are three or more books and with respect to those books of which there is only one copy is existence, the parties will negotiate a division on a compromise basis; and if there remain any disagreements with respect to such division, which the parties cannot resolve it shall be resolved by arbitration an hereinafter provided.

(h) A11 but one of each of the bound volumes of One Magazine and the Institute Quarterly; Second Parties are to receive or retain a complete set of past issues unbound, plus additional unbound copies where available.

(i) The metal chairs which the First Parties represent as belonging to CHET SAMPSON, of which there are eight.

(j) With respect to any file material or records, either group may reproduce whatever they wish. It is contemplated that such copying shall be completed by July It 1967; but either group may make such copies in the future upon reasonable request.

(k) Second Parties may keep all the other equipment including the wood file in which the library card index is contained# including the card index itself.

(l) Second Parties may keep all of the pink cards they need (they state that there are 3,000 and they wish to keep about 1,000), but the First Parties may reproduce those cards which the Second Parties keep.

(m) Second Parties shall retain the editorial files and the directory of homophile organizations, and the First Parties may reproduce any portion thereof.

2. The parties agree to carry out the terms of this Agreement with all possible speed. if any disagreement or dispute whatsoever shall arise concerning the construction, interpretation or application of this Agreement, such dispute shall be submitted to arbitration. First Party shall appoint one arbitrator. Second Party shall appoint another arbitrator, and they shall appoint a third arbitrator, which board of arbitrators shall bear and determine the said dispute. It is expressly agreed that the decision of the arbitrators shall be final and binding upon all parties concerned, and that it may be confirmed and enforced by any court of competent jurisdiction.

3. The corporation, One, Incorporated, shall be turned over to the First Parties, with the exclusive right(as against Second Parties) to the use of the name. Second Parties agree to resign altogether from all offices and memberships in the said corporation. Second Parties further agree not to use the name of One, Incorporated, either directly or indirectly, or through agents or representatives; and further agree not to publish or distribute any magazine or other publication under the name of "One" or any name likely or calculated to be confused therewith; and further agree not to hold themselves out, either directly or indirectly, as officers, members, or associates of One, Incorporated.

4. Certain pseudonyms have been used by the parties hereto in connection with the publications previously distributed.

[First party reserves the]right to use the following pseudonyms:

• Richard Conger
• Alison Hunter
• Marvin Cutler
• William Lambert

5. Each party hereby waives any claim for damages against the other parties, arising out of any matters occurring prior to the date hereof, and which are being litigated or could have been litigated in the aforementioned action and proceeding which is now pending. It is further agreed that the said action No. 864 824, including all claims made in the complaint or the cross-complaint, shall be dismissed, without costs to either side.

6. A letter shall be prepared and signed by both parties, explaining the compromise set forth herein; and the said letter shall be distributed to all interested persons.

Executed this [25] day of April, 1967, at Los Angeles, California.

ONE, INCORPORATED

APPROVED AS TO FORM:

HILLEL CHODOS, Attorney for the First Parties

EDWARD RAIDEN, Attorney for Second Parties