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target was achieved and to split profits above the target equally
four ways. Choate rejected this plan.
At the time of trial, Dudley and Barrett jointly owned a
construction company and Freese worked for another construction
company.
2. Bunyard
In June 1990, Choate hired Ben Bunyard (Bunyard) to be a
project manager. Bunyard had previously worked in the
construction business, but he learned more about project
management from Choate than from anyone else. Bunyard received a
bonus in 1990.
3. Page
On June 3, 1991, Choate hired David A. Page (Page) to be
petitioner's chief financial officer, comptroller, and chief of
computers. Page had an accounting degree and had worked for a
contractor. He spent 15 to 25 hours each week with Choate during
the first 3 months that he worked at petitioner, learning about
computers, construction, and Choate's detailed cost accounting
controls. He and Choate usually reviewed checks from 4 p.m. to
11 p.m. on Thursdays. They made notes and sent them to project
managers. They reviewed the reports project managers returned to
accounting.
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