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fertilized with "10340". "Uran 32" and "10340" were fertilizers
generally available to the farming community in 1983. The final
part of the amended research plan specified that 5 acres of the
80-acre parcel allocated to Utah I was to be divided into 4
subplots. Each of the four subplots was to be planted with seed
collected and cataloged by U.S. Agri as to specific geographic
origin. Once the jojoba plants had emerged, they were to be
irrigated at a specific rate.
The record does not establish that the above-described
procedures ever were carried out. Petitioner's business records
contain no formal compilation of research data or scientific
analysis completed for Utah I. U.S. Agri's only records of the
work allegedly carried out on behalf of Utah I are 16 pages of
handwritten notes reflecting Pace's personal observations on the
growth of the jojoba plants from April 1983 through December
1985. Pace's notes were made at irregular intervals and contain
no scientific data. For example, in July 1983 Pace states in his
notes "Emergence is very good. Continue everything exactly as it
is." One year later in July 1984, Pace noted "1, 2 & 3 [a]ll
look good but weeds in one are quite a problem. No observable
damage or losses in 2 or 3 but probably too soon to tell." There
is no evidence that Agri Futures, as the farm manager for U.S.
Agri, prepared any reports regarding the status of the jojoba
being grown on land allocated to Utah I.
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