Theodore Langworthy, Jr. - Page 33

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          amount of wine poured in each glass.  Initially, petitioner                 
          testified that each .750-liter bottle yielded approximately four            
          6-ounce servings of wine if it was served over ice in a 10-ounce            
          glass.30  Later, however, petitioner indicated that each bottle             
          served only 2� glasses of wine.  When viewed in context, however,           
          petitioner's testimony reveals no incongruity.  Petitioner's                
          statement that each bottle yielded only 2� glasses of wine was              
          made in response to respondent's inquiry as to whether wine was             
          served over ice.  Petitioner stated that wine was served "either            
          way" and then elaborated on how many servings he obtained from              
          each bottle.31   Petitioner's testimony that he got "only * * *             
          2� glasses of wine" from each bottle appears to clarify the                 
          number of servings of wine each bottle yielded when the wine was            
          served without ice in a 10-ounce glass.  Accordingly, we find no            
          irreconcilable conflict in petitioner's testimony.                          
               Respondent contends that a 6-ounce serving of wine is                  

          30   25.13 ounces per bottle � 4 glasses per bottle = 6.28 ounces           
          per glass.                                                                  
          31   The transcript reads, in pertinent part, as follows:                   
               Q.   Now, you testified that its over ice, correct?                    
               A.   Well, either way.  They could drink a glass of wine up,           
                    you know --                                                       
               Q.   Right.                                                            
               A.   -- on the rocks, and you'd probably only get three                
                    glasses or two-and-a-half out of a bottle.  If you use            
                    a 10-ounce glass -- if you had a 25 ounce glass and you           
                    had a 10 -- a 10-ounce glass, you'd only get 2 [and               
                    one-half] glasses of wine.                                        






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