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customers purchasing landscaping rock. Color is not normally a
consideration for customers purchasing dolomite for use as
driveway and road base rock, concrete aggregate (unless it is an
exposed aggregate), utility and bedding rock, aglime, and rip
rap. Rocks used for landscaping purposes include: limestone,
dolomite, quartzite, sandstone, granite, pumice, marble, scoria,
baked clay or shale, diabase, gabbro, and river rock. In
addition to the various aggregates sold for landscaping rock,
organic materials such as shredded hardwood or bark chips are
sold for landscaping purposes.
On each of petitioner's price lists for 1989 and 1990, the
1-3/4" red landscaping rock was identified as "red decorative
rock"; the 3/4" red landscaping rock was not so designated. On
its price lists for 1989, the 3/4" red landscaping rock was
identified as "washed red rock", which was the same designation
given to rock sold as concrete aggregate. On its price lists for
1990, the 3/4" red landscaping rock was identified as "red rock",
which was the same designation given to rock sold as concrete
aggregate.
In general, during the years in issue, the geographical
market for dolomite sold by petitioner for use as driveway and
road base rock, utility and bedding rock, and rip rap consisted
of an area no greater than a 30-mile radius from the quarry out
of which the dolomite was extracted. Most of the dolomite sold
by petitioner as a concrete aggregate was for use within a 30-
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