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and Mr. Hoyt each testified that, during their negotiations,
specified groups of breeding sheep were identified and possible
purchase prices for them were discussed. Ultimately, Mr. Barnes
provided pertinent information to a Hoyt organization employee on
the specific breeding sheep that each partnership was supposedly
to purchase, as this employee prepared the bill of sale, along
with the Schedule A attached thereto, that Mr. Barnes then signed
and issued to a partnership.
The Court finds substantial portions of Mr. Hoyt's and Mr.
Barnes' trial testimony highly questionable and not credible.
Indeed, much of their testimony was evasive and less than
forthright. Initially, Mr. Hoyt specifically testified that when
a partnership consummated its transaction, he and Mr. Barnes
reviewed the Schedule A attached to the bill of sale. He further
claimed that, to the best of his knowledge, the Schedule A
(listing and identifying the specific breeding sheep that each
particular partnership purportedly purchased from Barnes Ranches)
was accurate.16 As the Court determined in its findings of fact,
16 Mr. Hoyt testified, on cross-examination, as follows:
Q. Okay. Mr. Hoyt, the bills of sale that we've
talked about for #4 and #6--and I'd be happy to show you
one--they're signed by David Barnes, is that correct, as the
seller?
A. That's my memory, yes.
Q. The attachments [i.e., Schedule A's] to the bills
of sale, who prepared those?
(continued...)
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