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Pioneer and Diesel Power also corresponded directly with each
other concerning orders and customer requests. Correspondence
between Pioneer and Diesel Power indicated that courtesy copies
consistently were sent to CTC. In March 1975, Diesel Power
directly sent a Pioneer price quotation to the Ministry of
Commerce. In August 1976, Mrs. Meier, of CTC, informed Pioneer
that Diesel Power had a new sales manager, Mr. A. Ryhani, and
invited Portec to meet with Mr. Ryhani concerning Pioneer
products.
The general manager and vice president of Portec during the
years 1973 to 1980 was under the impression that petitioner, CTC,
and Diesel Power were one and the same. Pioneer listed CTC as a
customer in the journal records Pioneer kept during 1975 and
1976. In correspondence from Pioneer to Diesel Power, Pioneer
appeared to consider CTC and Diesel Power to be the same company.
CTC helped to confirm this impression by corresponding on behalf
of Diesel Power. Consequently, on matters of importance, Pioneer
corresponded directly with CTC. In an April 1975 letter Pioneer
informed CTC that all contracts in excess of $5 million had to be
approved by Pioneer. In August 1975, Mrs. Meier asked Pioneer to
have Iranian customers not correspond directly with Pioneer but
through Diesel Power. In addition, Pioneer and CTC corresponded
directly about orders and prices.
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