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abandoned the idea of opening his own store and instead focused
on the nutritional information system.
Petitioner paid the firm of Nordli Wilson to help him locate
compatible business associates. In 1987, Sharon Akabas (Akabas),
a nutritionist recommended by Nordli Wilson, helped petitioner
develop the nutritional information needed for his system.
Akabas has a doctorate in nutrition and exercise physiology, and
she served as an adjunct professor at the University of
Bridgeport, Connecticut, while she consulted with petitioner.
Akabas attempted to simplify nutritional data contained in a
database managed by the U.S. Department of Agriculture.
Petitioner and Akabas attended conferences related to nutrition
or nutritional data banks. Petitioner and Akabas had no written
contract.
Petitioner also consulted with Paul Voiland (Voiland) and
Steve Hendricken (Hendricken) during the development of the
nutritional system. Petitioner advertised for a manager in a
natural foods store, and Voiland responded. Voiland had worked
in the natural food business for 14 years with experience in
retail, wholesale, and production. He advised petitioner about
natural food stores, how they are set up, and the types of
products sold in them. Voiland also drafted and modified store
floor plans for petitioner. Hendricken helped petitioner prepare
a business plan. Petitioner had no written contract with either
Voiland or Hendricken.
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