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The July 31, 1988, Lucid Cruising corporate minutes contain
a statement that petitioners, as the corporate officers, were
concerned over the problems with Brendan. Petitioners believed
that they “have not really had the opportunity to show [the
Brendan] * * * and realize some profit for the corporation.”
On August 31, 1988, petitioners wrote a letter to a magazine
that had covered the boat show and clarified that Brendan was not
for charter. The letter contains the statement that petitioners
“are representing Kanter [Y]achts on the West Coast and believe
that steel and aluminum yachts are the wave of the future for the
safety factor”. In August 1988, petitioners informed Kanter
Yachts that they had confidence that the shipyard would be able
to effect the repairs to Brendan, and “look[ed] forward to
enjoying BRENDAN for years to come.”
In September 1988, petitioners demonstrated Brendan at a
boat show in Alameda, California. Petitioners maintained a
visitors log for those who viewed the yacht, and over 300 people
signed it. At that time, petitioners distributed fliers
advertising Kanter Yachts, as well as their own business cards.
Prior to the show, petitioners advertised the showing of the
Brendan in two boating magazines.
The total time petitioners spent cruising on Brendan from
1987 through 1989 was as follows: (1) A 5-day cruise from
Seattle, Washington, to the San Juan Islands in Washington State
in 1988; (2) a 5-day cruise from Washington State to Coyote Point
in Redwood City, California, in 1988; (3) a day cruise from
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Last modified: May 25, 2011