- 28 - asked him to seek an expert opinion. Marvin Yarnell did not investigate Plymouth and never asked Bachmann any questions about the underlying transaction. Philip Yarnell did not investigate any of the representations set forth in the offering memorandum. The Yarnells' position is that they simply acted blindly on Bachmann's advice. As Marvin Yarnell put it, Bachmann "was such an overwhelming personality, we almost felt it would be an affront if in any way at all we would not go along with his suggestions." He reiterated: "We really had blind faith in Don Bachmann." Philip Yarnell testified that he "relied almost entirely and solely on * * * [Bachmann's] expertise. * * * whatever he said, I, basically, took as gospel." The Yarnells placed into the records of their cases several documents, ostensibly submitted as evidence that they monitored their investments in Plymouth. These were unaudited financial statements of Plymouth for 1984 and 1985, a 1983 report describing PI's accounting procedures and controls, and a 1983 update from PI noting that "market prices for polyethelene resin have remained relatively low * * * [and] the Sentinel recyclers * * * have not been profitable." Neither Marvin or Philip Yarnell testified that they examined these documents. Given their admitted inattention to the details of the investment, we decline to infer from these documents that the Yarnells actively monitored their investments in Plymouth. Brodie claims reliance on Greene, who in turn relied on Bachmann, with respect to Brodie's decision to acquire anPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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