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petitioner's objection to the admission of the CompUSA
prospectus (item 5) into evidence.
FINDINGS OF FACT
Some of the facts have been stipulated and are so
found. The stipulation of facts, first supplemental
stipulation of facts, stipulation of settled issues, and
exhibits attached to each are incorporated herein by this
reference. At the time they filed their petition in this
case, petitioners resided in Dallas, Texas. References to
petitioner in this opinion are to Mr. Nathan P. Morton.
Petitioner is a business executive who specializes in
retail marketing. Prior to May 1989, he was senior vice
president of operations for Home Depot, Inc., a retailer
specializing in hardware and housewares. When petitioner
joined Home Depot in 1984, it operated 21 stores. When he
resigned in 1989, Home Depot had grown to approximately 100
stores.
SWI was formed in 1984 by Messrs. Errol Jacobson and
Michael Henochowicz. SWI sold computer hardware and
software through warehouse "superstore" outlets, by mail,
and through direct telemarketing. By January of 1989, SWI
was operating two stores, one in Dallas, Texas, and one in
Norcross, Georgia, and was planning to open more. Messrs.
Jacobson and Henochowicz believed that SWI could become a
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