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took full legal and beneficial title to the produce in Mexico
after its harvest. William Heintz (Mr. Heintz)12 negotiated the
Bud Antle amendment on behalf of SCP and Bud Antle, and Mr.
Canelos negotiated on behalf of petitioner.
On November 1, 1989, Bud Antle entered into an agreement
with the Canelos growers and the Canelos brothers entitled the
"Custom Farming and Crop Purchase Agreement" (Bud Antle Purchase
Agreement). The term of the Bud Antle Purchase Agreement was
November 1, 1989, through June 1, 1990. The Canelos brothers
negotiated the terms of the Bud Antle Purchase Agreement on
behalf of Frutave and themselves, and Mr. Heintz negotiated on
behalf of Bud Antle. Under the Bud Antle Purchase Agreement, Bud
Antle purchased and took full legal and beneficial title to
lettuce, celery, and brussels sprouts grown by the Canelos
growers in Mexico once the produce was harvested. As owner, Bud
Antle sold the crops and collected the sales proceeds. Bud Antle
reimbursed the Canelos growers for their estimated growing costs
and then paid to the Canelos growers 55 percent of the net sales
proceeds.13 Bud Antle and the Canelos growers shared losses
12William Heintz served as vice president and general
manager of SCP in 1983 and 1984 and as its president from 1985
through 1992. In addition, he served as president of Bud Antle
in 1984 and a portion of 1985, after which he served as president
of Dole Fresh Vegetables.
13Net sales proceeds were computed in part by subtracting
(continued...)
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