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On February 15, 1993, petitioner and Eck entered into an
agreement under which Accutrace would pay petitioner $200 per
month for petitioner's clinical consulting services. Early in
1993, Accutrace paid petitioner each month for his services by
mailing checks payable to petitioner at the Pinnacle Peak
address. Petitioner endorsed and deposited them in his bank
account at the Bank of Arizona.
In the middle of 1993, petitioner told Eck to make the
checks payable to Arivada and to make any contractual
arrangements through Arivada. From July 1993 to June 1994,
Accutrace paid petitioner for his services by mailing checks
payable to Arivada at the Pinnacle Peak address. Petitioner
endorsed the Arivada checks by writing or stamping “for deposit
only, Arivada Health Enterprises”. Petitioner then deposited
them in Arivada's checking account.
There were no changes in how Eck or Accutrace did business
with petitioner after Arivada was formed. After Eck began making
Accutrace’s checks payable to Arivada neither petitioner nor
anyone acting for him or Arivada entered into a new agreement
with Accutrace or Eck. The original agreement between petitioner
and Accutrace was never changed.
3. DSD International
Dolores Eidenier (Eidenier) is the president and owner of
DSD International (DSD), a vitamins and supplements wholesaler.
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Last modified: May 25, 2011