S. Clark Jenkins and Mary P. Jenkins - Page 12

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          served as an agronomist for the North Carolina Department of                
          Agriculture.  In November 1991, Hight succeeded Stevens as                  
          fertilizer administrator for the North Carolina Department of               
          Agriculture, a position he held until October 1994.                         
               Both experts were credible and helpful witnesses.  They gave           
          parallel testimony regarding the fertilizer industry and                    
          administration of the fertilizer laws.  They agreed in nearly               
          every material aspect of this case except the legislative purpose           
          for the penalty payments at issue.                                          
               Both experts agreed that segregation is the primary factor             
          leading to deficient fertilizer, and they also agreed that                  
          deficiencies can be reduced but not eliminated.  The experts                
          agreed that there are two losses to a farmer when the farmer                
          purchases a deficient fertilizer that is applied to the farmer's            
          crop.  The first loss to the farmer is the cost of the deficient            
          fertilizer ingredient, which the farmer paid for but never                  
          received.  The second loss is the farmer's reduced yield at                 
          harvest caused by the deficient fertilizer.  They agreed that the           
          second loss, reduced yield at harvest, is nearly impossible to              
          measure, since crop yield is dependent on numerous factors.                 
               The experts' opinions diverge when it comes to the purpose             
          of the penalty payments at issue.  Stevens opined that the                  
          purpose of the penalty for deficient fertilizers is to compensate           
          the user for any loss the deficient fertilizer has caused.  Hight           
          opined that the purpose of the penalty for deficient fertilizers            




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