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the trial. Additionally, no evidence was introduced at the trial
to substantiate Pace's testimony regarding their actual
employment by U.S. Agri.
Sometime between 1979 and 1981, U.S. Agri allegedly entered
into a management contract with Agri Futures, Inc. (Agri
Futures), a California company. Under this contract, Agri
Futures purportedly was to develop the 400 acres U.S. Agri leased
from the Sterling Trust, including the land allocated to Utah I,
into jojoba plantations. Agri Futures was also known as American
Jojoba Industries. U.S. Agri's management contract with Agri
Futures is not part of the record in this case.
The sole shareholders of Agri Futures, Gordon Fisher and
Bill Rivers, also served as officers and directors of U.S. Agri.
As U.S. Agri's subcontractor, Agri Futures provided the physical
labor involved in the preparation of the land for farming jojoba
and the maintenance of the jojoba plantations. Pursuant to its
management contract with U.S. Agri, Agri Futures purportedly
planted, maintained, and irrigated the jojoba on the land
allocated to Utah I. Pace testified that employees of Agri
Futures performed all of the work for Utah I that was necessary
to follow the plan he developed for Utah I. Funding for these
activities was provided by U.S. Agri pursuant to its arrangements
with Utah I, described infra. No one from Agri Futures testified
at the trial.
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