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Each day, petitioner’s employees were supposed to measure by
dipstick the amount of diesel fuel on hand and record this number
on the month’s MIR. Steve relied on the MIR’s although he did
not supervise the actual recording of the readings. The
photocopy MIR’s submitted at trial are poor quality copies of the
original handwritten sheets. The combination of the handwriting
and poor copy quality make many of the entries on the MIR’s
ambiguous.
The monthly totals of metered sales from the MIR’s are shown
in table 1.
Table 1
Accumulated
Month Metered Sales (gallons)
July 1989 411,693
August 1989 404,322
September 1989 323,721
October 1989 393,609
November 1989 381,067
December 1989 No MIR provided
January 1990 456,197
February 1990 485,932
March 1990 526,892
April 1990 408,502
May 1990 443,863
June 1990 489,615
Total 14,725,413
1 The accumulated metered sales for the 11 months per the MIR’s
according to (1) the last entry on each month’s MIR is 4,722,681
gallons and (2) respondent is 4,726,984 gallons. The amounts in
this table are the Court’s addition of the daily entries in the
“metered sales” column.
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Last modified: May 25, 2011