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a letter written by USNB to 9,212 OSU students in 1988, promoting
a banking package.
Petitioner printed and mailed materials written by USNB
promoting the affinity credit card twice in 1990. One mailing
was to 66,432 OSU alumni and the other was to 6,955 OSU seniors.4
Petitioner spent $19,967 to print and mail solicitation materials
in 1990. USNB reimbursed petitioner for $15,761 of that cost.
Petitioner spent $73 to print and mail solicitation materials in
1991. USNB did not reimburse petitioner for any of that amount.
Petitioner was not obligated by the Agreement to print and
mail these materials but did so because it cost less than the
direct mail house USNB hired, USNB did not have enough in-house
printing and mailing capacity, and OSU's printing department was
available and convenient to the parties. Both USNB and
petitioner hoped to benefit from the mailings.
Petitioner hired a professional writer to write one of these
letters. Petitioner used an off-campus print shop three times to
help design letters. After USNB gave brochures to petitioner,
the OSU printing department printed the letters, stuffed the
envelopes with letters and brochures, and mailed them.
Petitioner's mailings were not as sophisticated as USNB's because
4 The parties stipulated that this mailing was in 1990.
Petitioner states on brief that it was in 1989. Because there is
nothing in the record to indicate that the stipulation is
incorrect, we accept the stipulated date.
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