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Petitioner was the only entity within the Canelos
organization that provided marketing or distributing services for
the otros growers. The Canelos growers did not provide any free
services or supplies to the otros growers, such as free cartons,
seed, picking, packing, transportation, or loading or unloading
of trucks, except for technical assistance and other
miscellaneous items provided to grape growers in 1992. The
Canelos growers had no contracts with the otros growers. The
otros growers did not report to Mr. Canelos. They did not share
in the split of profits between the Canelos growers and SCP under
the SCP contract, and they received none of the proceeds from the
Canelos growers. Neither Mr. Canelos nor Constantino had any
authority to represent the otros growers, and they did not
perform any service for them. No joint venture agreement existed
between the otros growers and petitioner or SCP. The otros
growers were not a part of the SCP contract.
Apache
Apache began operating in 1986. From 1987 through the time
of trial, it sold and distributed the Canelos growers' No. 2
grade tomatoes. Apache sold in different produce markets than
the markets petitioner used to sell the Canelos growers No. 1
tomatoes. Generally, No. 2 tomatoes sold at a lower price than
No. 1 tomatoes. The agreement between Apache and the Canelos
growers relating to Apache's sales of the Canelos growers' No. 2
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