November 8, 1999

Mr. Gerald D. Biby
509 Shugart Street
Beatrice, NE 683l0

Dear Mr. Biby:

I am writing to inform you that you are being dismissed for cause from your position in the Industrial Agricultural Products Center. The cause for termination of your employment is representing yourself without authorization to third parties as having authority to contractually obligate the.University, and failure to comply with a lawful and reasonable directive from your employer, the University of Nebraska.

University records regarding your position as Technical Assistance Coordinator for the Industrial Agricultural Products Center (which you presented to me at our meeting on October 13, 1999) do not give you authority to contractually obligate the University. In fact these records show that you do not have such authority, and no official of the University having power to delegate such authority to you has done so.

Further, due to litigation and pending arbitration proceedings between the University and Corn Card International, you were directed by me and by Dr. [)on Helmuth to cease all contact with Corn Card International because there was a legal dispute between the University and Corn Card International relating to a University issued license for PLA technology. As was indicated in a my letter to you, dated September 23, 1999, Mr. William Brown of Corn Card International testified under oath in his deposition, taken as part of the legal proceedings between Corn Card International and the University, that you and he conferred prior to your deposition in these same legal proceedings on August 13, 1999. This discussion with William Brown was in violation of the directive given to you.

Your employment by the University will terminate upon your receipt of this letter. You will receive pay for work performed through today and for your accrued vacation leave. You may wish to visit with Linda Leake (472-X045) in the Benefits Office to make arrangements about your insured benefits.

I truly regret this action, but circumstances leave me no choice

Sincerely,
 

Darrell W. Nelson
Dean and Director
Agricultural Research Division

XC: Human Resources Department
        Dr. Milford Hanna
    Vice Chancellor Irv Omtvedt

Letters and Memos that originated from others, addressed to Gerald Biby were scanned using OmniPage 7.0.  Therefore certain features, i.e. letter head and signatures are not present in the documents listed in this chronicle. Also at the type face may have been changes to make the documents more readable in HTML.   Originals or copies of documents exists for all documents presented.