Martin and Marion Abbene - Page 29

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                  Petitioners attribute Blue Ribbon's losses to certain                                  
            circumstances beyond their control.  Petitioners argue that Mr.                              
            Abbene's profit expectations were undermined because ABC failed                              
            to make good on its promise to provide additional film and                                   
            television work.  Aside from Mr. Abbene's testimony, however, the                            
            record contains no evidence to corroborate the contention that                               
            ABC did in fact promise additional jobs.  Petitioners further                                
            contend that the Local 52 strike hampered Mr. Abbene's efforts to                            
            obtain further film and television work.  The Local 52 strike,                               
            however, began in November of 1990, more than a year and a half                              
            after the last agreement between Blue Ribbon and ABC.  As                                    
            discussed supra p. 28, there is no indication that Mr. Abbene                                
            sought further film and television work after February 1989.                                 
            Thus, we cannot conclude that the strike negatively affected the                             
            performance of Blue Ribbon.                                                                  
                  Petitioners further attribute Blue Ribbon's losses to the                              
            fact that two of their prize horses suffered from injury and                                 
            illness during the years in issue.  We recognize that the                                    
            injuries purportedly suffered by King Lion and Magic Moment could                            
            have negatively affected Blue Ribbon's operations.  As discussed                             
            supra p. 24, however, petitioners failed to offer any evidence                               
            concerning the nature or extent of the injuries suffered.                                    








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