- 25 - Clausen did not use a weighted average of upbids to calculate the value of the covenants. However, he used weighted averages in other parts of his report. He believed that more weight should be given to recent events in analyzing the forest products industry because the industry was highly cyclical. He weighted earnings as 5 for 1987, 4 for 1986, 3 for 1985, 2 for 1984, and 1 for 1983. Thus, he gave more weight to the years immediately before the sale when he evaluated earnings. On the other hand, Clausen's method of evaluating upbids minimized the bids from the 3 years immediately before the sale, even though, according to Clausen, the earlier years should be given less weight. Clausen assumed that no other bidder would take the Walkers' place. However, he estimated that Brent Walker cost petitioner $1,169,400 in upbids. This shows that others can cause substantial upbids for petitioner on timber contracts. Clausen listed 10 entities in the North Santiam Canyon that competed for timber. Robert T. Freres, Jr., testified that petitioner's principal competitors for public timber in the North Santiam Canyon area during the 1980's were Cedar Lumber, Lyons Veneer, Young & Morgan, and Frank Lumber. Petitioner also competed, for example, with Avison Lumber, Frasier Lumber, Vanport Manufacturing, Boise Cascade, Willamette Industries, and Bohemia. Clausen did not discuss whether any of these companies wouldPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011