J.J. Zand - Page 255

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          agreement.  Petitioner signed the agreement as chairman of Diesel           
          Power.  The agreement provided for Diesel Power to market                   
          Harnischfeger construction equipment in Iran.  In a letter of the           
          same date to petitioner, Harnischfeger proposed to amend certain            
          provisions of the distributor agreement.  Petitioner accepted               
          these amendments on August 25, 1972.  On May 24, 1976, a new                
          distributor agreement very similar to the 1972 agreement was                
          entered into between Harnischfeger and Diesel Power.  Again,                
          petitioner signed the new agreement as chairman of Diesel Power.            
               From 1972 through 1976 there was considerable direct contact           
          between Diesel Power employees and Harnischfeger.  I.J. Zand of             
          Diesel Power communicated directly with Harnischfeger concerning            
          price quotes and sales of Harnischfeger equipment.  However, CTC            
          continued in its normal role of controlling the payment of                  
          commissions by issuing the bills.  In 1975 CTC employees                    
          submitted a quotation for Harnischfeger equipment to a company in           
          the United States and contacted Harnischfeger concerning trade              
          fairs, where equipment would be displayed.  Expressing                      
          dissatisfaction with the sales and service coverage by Diesel               
          Power over the previous few years, Harnischfeger terminated the             
          1976 distributor agreement with Diesel Power by a letter                    
          addressed to petitioner dated September 1976, pursuant to the 30-           
          day notification provision in the agreement.  On at least four              







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