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producer would save at least $380,000 from the nonpurchase of
nitrogen and phosphate as a result of the nutrient tests
conducted on Turtleback I, based on his calculated $380 savings
per acre times 1,000 acres. The 1,000 acres represent his
estimate that a major jojoba producer such as HJI would have
1,000 acres or more of jojoba under cultivation.
In preparing his report, Gross did not consider any of the
various contractual relationships that existed between JDP and
HJI. He did not attribute any value in preparing his report to
the fact that a contractual joint venture opportunity existed
between HJI and JDP.
2. Paul J. Eberhardt
Eberhardt testified for petitioners as to the nature of any
research or experimentation activities that HJI may have
conducted on Turtleback I during the R & D period. As stated
earlier, Eberhardt is the head of IAS. Eberhardt has a bachelor
of science degree in agricultural research, with a minor in
chemistry; a master of science degree in soils, with a minor in
statistics and plant physiology; and a doctor of philosophy
degree in agricultural chemistry and soils, with a minor in plant
physiology. He is qualified as an expert in agronomics and
agricultural research and experimentation. Eberhardt concluded
that the totality of research or experimentation activities
performed by HJI (including activities allegedly performed for
JDP-II) was research in the experimental or laboratory sense, and
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