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wax and other by-products." The offering identified Mockingbird
Plantations, Inc., as the contractor selected to carry out the
R&D program.
b. Mockingbird Plantations, Inc.
Mockingbird Plantations, Inc. (MBP), was a Texas corporation
established to be the prime research contractor for Cactus Wren.
Peterson, Meinke, Almand, and Damer, the sole shareholders, owned
equal shares in MBP. The ownership of MBP mirrored that of HTP,
the prime research contractor for Yuma Mesa. On December 31,
1983, MBP executed an exclusive research and development contract
with Cactus Wren, in which Cactus Wren engaged MBP "for the
purpose of conducting research to develop a commercially
marketable product from the seed or beans produced from the
plantation on which the research is conducted." Cactus Wren paid
MBP $164,645 on December 31, 1983. Cactus Wren solicited no
other bids for this position.
Concurrently with the research and development contract,
Cactus Wren entered into a license agreement with MBP that gave
MBP "the exclusive right to utilize the technology developed for
the account of the Licensor * * * [Cactus Wren]" in consideration
for the payment by MBP of royalties based on the gross revenue
from commercial farming and marketing of the jojoba plantation.
MBP, as a newly formed research and development contractor,
had no experience in the jojoba field.
c. Agricultural Investments, Inc. (AI)
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