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entered into between April Leasing, Elissa Leasing, Andrea
Leasing, and Stacey Leasing, and other concrete companies
controlled by the Caillier family, contained the same terms as
the Nikki lease, placing the obligation of purchasing new tires
on the lessor. After Agent Siebert pointed out the tire
replacement clause in the Nikki lease to Kurt Caillier in 1992,
Kurt Caillier signed on behalf of the lessor addenda to the
Elissa Leasing, Andrea Leasing, and Stacey Leasing leases
identical to the addendum to the Nikki lease. These addenda were
then attached to the original leases. Kurt Caillier in 1992
signed on behalf of April Leasing an addendum to its lease with
A&A identical to the Nikki lease addendum, and Andre Caillier
signed this addendum on behalf of A&A. The addendum to the April
Leasing lease, however, was dated December 31, 1987.
In April 1990, Gillette Tire had an opportunity to purchase
a large number of tires at a discount. Mr. Ron Rose (Mr. Rose),
who handled all the maintenance, and Mr. Cliff Bodie (Mr. Bodie),
who handled all the tire maintenance for all the related
companies named above, figured out how many tires in total should
be purchased for use of all the related concrete companies during
a 1-year period. Mr. Pisano determined the tires needed by
petitioner's leased trucks for a year. The number of tires which
Mr. Rose and Mr. Bodie determined would be needed by all the
related concrete companies was based on the total yardage of
concrete they estimated the companies would haul during the year
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