Fred B. and Georgia Elane Berry - Page 4




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            training techniques used to develop a Tennessee walking horse’s                            
            gait were cruel.                                                                           
                  3.    Advice From Others                                                             
                  Heidi Haskins, a friend of petitioners who raised horses,                            
            recommended that they buy a broodmare in foal.  Petitioners                                
            bought two broodmares in foal in 1980.  However, petitioners did                           
            not have a plan for selling the colts born to those broodmares                             
            and had difficulty selling them.                                                           
                  At a time not specified in the record, Mrs. Berry sought                             
            advice from Ann Yeiser (Yeiser), who published a racking horse                             
            magazine.  Yeiser told Mrs. Berry that petitioners had received                            
            bad advice on what broodmares to buy and that they needed a                                
            better trainer.  Yeiser suggested several trainers for                                     
            petitioners to use, including Joe Dan Carter (Carter).                                     
                  Petitioners hired Carter to be their trainer in 1985.                                
            Carter has been a professional horse trainer since 1976.  He                               
            bought a horse from petitioners, apparently in 1995 or later.  On                          
            a date not stated in the record, Carter told petitioners that                              
            their horses would sell better if they bred famous Tennessee                               
            walking horses.  Carter sold one of petitioners’ horses for                                
            $24,000 in 1996.                                                                           
                  James Roberts (Roberts) is an analyst for the Tennessee Farm                         
            Bureau Federation.  Mrs. Berry met him in 1988 or 1989.  Roberts                           
            has shown racking horses since 1988.  He was vice chairman of the                          






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