- 20 - reasonably intended to keep D.C. Walker from competing with petitioner. D.C. Walker intended to and did continue to live and work in North Santiam Canyon. D.C. Walker had financial resources available to compete with petitioner. Petitioner paid the Walker family a $1 million downpayment with petitioner owing them the balance. The Walkers kept some high-cost timber contracts that petitioner believed were money losers. After the sale, the Walker entities owed more to the Government for timber contracts than the purchase price for the Walker assets. However, the Walkers owned the timber in those contracts. Respondent conceded that D.C. Walker's age and health did not impede him from competing.1 He unsuccessfully bid on timber in Washington State and tried to buy a mill near Olympia, Washington. These facts favor petitioner. Respondent points to the fact that D.C. Walker told Mary Walker that he was getting older and might want to do something different. He testified that at the time of the Walker asset sale he had no thoughts about what he would do after the sale. He said that he would not retire, and he did not. At the time of trial, he had a partnership with Bebout which operated a construction business and a sand and gravel pit. We conclude 1 Respondent conceded that D.C. Walker was in good health in 1988 even though he had had lung cancer surgery several years before the Walker asset sale.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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