Walter L. Gross, Jr., and Barbara H. Gross - Page 16




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          the risk-free rate of return,7 7.4-percent as the long-term                  
          market risk premium,8 and 1.09 percent as G&J's beta                         
          coefficient.9 Dr. Bajaj's cost of equity calculation was as                  
          follows:  7.46 + (1.09 * 7.4) = 15.5 percent.                                
               Dr. Bajaj determined G&J's cost of debt capital by looking              
          at G&J's real borrowing costs.  In April 1991, G&J took on debt              
          in part to fund an expansion.  It borrowed the needed funds at               
          8.25 percent, which was three-quarters of a percent below the                
          then prime rate of 9 percent.                                                
               D.  Petitioners' Motion in Limine                                       
               Petitioners have moved to exclude Dr. Bajaj's testimony (the            
          motion).  First, petitioners argue that Dr. Bajaj's opinion as to            
          the fair market value of a minority stock ownership interest in              
          G&J is inadmissible because it was derived from the application              
          of scientifically unreliable methodologies.  See Daubert v.                  
          Merrell Dow Pharm. Inc., 509 U.S. 579, 589 (1993)(under the                  


          7    Dr. Bajaj explained that the yield to maturity on 30-year               
          Treasury securities was an appropriate measure of a risk-free                
          rate, which, according to information published by the Federal               
          Reserve was 7.46 percent as of July 31, 1992.                                
          8    Dr. Bajaj explained that the 7.4-percent long-term market               
          risk premium was derived from historical data published by                   
          Ibbotson Associates, Inc.                                                    
          9    Dr. Bajaj defined beta as a measure of the tendency of a                
          security's return to move with the overall market's return.  He              
          estimated G&J's beta from the betas for public firms operating in            
          the soft drink industry for which published figures were                     
          available.                                                                   




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