GAC Produce Co., Inc., An Arizona Corporation - Page 29




                                        - 29 -                                         

         took full legal and beneficial title to the produce in Mexico                 
         after its harvest.  William Heintz (Mr. Heintz)12 negotiated the              
         Bud Antle amendment on behalf of SCP and Bud Antle, and Mr.                   
         Canelos negotiated on behalf of petitioner.                                   
              On November 1, 1989, Bud Antle entered into an agreement                 
         with the Canelos growers and the Canelos brothers entitled the                
         "Custom Farming and Crop Purchase Agreement" (Bud Antle Purchase              
         Agreement).  The term of the Bud Antle Purchase Agreement was                 
         November 1, 1989, through June 1, 1990.  The Canelos brothers                 
         negotiated the terms of the Bud Antle Purchase Agreement on                   
         behalf of Frutave and themselves, and Mr. Heintz negotiated on                
         behalf of Bud Antle.  Under the Bud Antle Purchase Agreement, Bud             
         Antle purchased and took full legal and beneficial title to                   
         lettuce, celery, and brussels sprouts grown by the Canelos                    
         growers in Mexico once the produce was harvested.  As owner, Bud              
         Antle sold the crops and collected the sales proceeds.  Bud Antle             
         reimbursed the Canelos growers for their estimated growing costs              
         and then paid to the Canelos growers 55 percent of the net sales              
         proceeds.13  Bud Antle and the Canelos growers shared losses                  


               12William Heintz served as vice president and general                   
          manager of SCP in 1983 and 1984 and as its president from 1985               
          through 1992.  In addition, he served as president of Bud Antle              
          in 1984 and a portion of 1985, after which he served as president            
          of Dole Fresh Vegetables.                                                    
               13Net sales proceeds were computed in part by subtracting               
                                                              (continued...)           




Page:  Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  Next

Last modified: May 25, 2011