J.J. Zand - Page 277

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          Clark there is no evidence that Diesel Power employees directed             
          any payments from Clark.                                                    
               In 1977 there was a disagreement between CTC and Mr.                   
          Khalatbari about certain Clark and Ingersoll Rand commissions.              
          On May 24, 1977, Mrs. Conway and Mrs. Meier wrote a memorandum to           
          petitioner discussing the amount of commissions that CTC had                
          received from Diesel Power on the Clark and Ingersoll-Rand                  
          orders.  They indicated that "many man hours were expended                  
          servicing this order and in obtaining the actual commission for             
          Diesel Power".  They further noted that a 15-percent commission             
          was "more than equitable" because "CTC enjoyed a 60/40 split"               
          during the same time period for performing the same type of                 
          services for other companies.  They also wrote that they had                
          approached Mr. Khalatbari about a 10-percent commission but Mr.             
          Khalatbari had responded that "Diesel Power was not in a position           
          to pay at that time."  The memorandum also indicates a belief               
          that Mr. Khalatbari was manipulating the form of orders in order            
          to minimize the amount of commission due to CTC.  The matter                
          apparently was resolved, and Mr. Khalatbari agreed to pay a                 
          portion of the commissions to CTC.  However, by April 1977, the             
          $325,000 agreed upon had not been paid.  Mrs. Meier then sent a             










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