Robert D. and Patricia K. Kaliban, et al. - Page 38

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            general terms, and portions of his testimony were different from                          
            Feinstein's recollection of events.  For example, Alter testified                         
            that he asked Feinstein to speak with Parker, but Feinstein                               
            testified that Parker "didn't speak to me."  Also, Alter was                              
            under the impression that "Feinstein's friend" (Lauren) had read                          
            the Poly Reclamation offering memorandum, but Feinstein testified                         
            that Lauren had not seen an offering memorandum.  With respect to                         
            Winer, Alter believed that he indicated that end-users had been                           
            scheduled for the machines, but Winer did not name the end-users.                         
                  Alter accepted at face value all of the representations made                        
            in the offering materials, including the value of the Sentinel                            
            EPE recycler.  During the course of his testimony, he was asked                           
            what made the Sentinel EPE recycler unique.  He replied:                                  
                  Again, I'm not an expert in the industry.  I believe                                
                  the representation was that they had a special fluid                                
                  cooling process that was not available elsewhere.  They                             
                  made the representations that it had a dual set of                                  
                  blades, I believe, rotary blades, exterior rotary                                   
                  blade[s] as well as the interior blades, that would                                 
                  crush the plastic material more effectively.                                        
            In Provizer v. Commissioner, T.C. Memo. 1992-177, PI's vice                               
            president of manufacturing and a developer of PI's prototype                              
            recycler, William Strlzelewicz,                                                           
                  explained that the coolant used in the process was                                  
                  plain water and not some "trade secret" chemical                                    
                  compound.  End-users stated that a usual method by                                  
                  which the water might be "injected" was for a factory                               
                  worker to dump it on the heated material.                                           
            Asked what he did to confirm the value of the machine, Alter                              
            testified:  "I had no competence to do that, to do any                                    




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