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Mr. Weiss has represented that he spent adequate time with
the Oshtemo-Kalamazoo undertaking, but we have no basis to accept
his representations. When respondent sought information
pertaining to this issue pursuant to this Court's discovery
rules, Mr. Weiss failed to provide that information, despite this
Court's order that he do so, to the prejudice of respondent's
preparation of a defense as to this issue. Accordingly, on
respondent's motion, we prohibited Mr. Weiss from introducing
further evidence as to the time spent in this activity, pursuant
to Rule 104(c)(2).
We did permit Mr. Weiss to testify that, as general partner
for Oshtemo-Kalamazoo, he was actively involved in negotiations
relating to acquisition of equipment, negotiations for the
broadcast of programs and related materials, logistics, contacts
with the municipality, environmental analysis and studies, and
day-to-day administration. He did not, however, "manage" the
system. Management was instead handled by a management "team".
The degree of Mr. Weiss' involvement is, ultimately, unclear.
Petitioners also failed to provide any specifics as to the
nature of the Oshtemo-Kalamazoo assets acquired or their value.
They have not provided any basis for concluding that such assets
would appreciate in value. Petitioners do, however, assert that
Acton CATV's acquisition of the cable television activity in 1985
is an indication that it was a profitable operation. We decline
to follow that reasoning. The fact that Acton CATV acquired the
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