Durham Farms #1 - Page 23




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          initially failed to provide much of this information, resulting             
          in respondent’s commencing a summons enforcement proceeding in              
          the U.S. District Court for the District of Oregon.  On July 17,            
          1992, the District Court ordered Jay Hoyt to provide certain                
          information and allow respondent to inspect and count the “Hoyt             
          cattle” (which was defined to be the various cattle owned,                  
          maintained, or under the custody or control of any of the 92                
          partnerships that were the subject of the summons enforcement               
          proceeding).  To comply with this July 17, 1992, Order,                     
          respondent and Jay Hoyt executed an October 30, 1992, memorandum            
          of understanding concerning the cattle count to be conducted by             
          respondent’s expert Ron Daily (Mr. Daily).  In his signed                   
          statement also dated October 30, 1992, Jay Hoyt further provided            
          information as to 11 specified locations at which the “commingled           
          Hoyt cattle herd” was kept.  Among other things, Jay Hoyt, in               
          this signed statement, represented there to be an estimated                 
          16,075 to 16,775 cattle (including some calves that might later             
          be born) at the 11 locations.  He further stated these 11                   
          locations to be all of the locations for the Hoyt herd cattle as            
          of October 28, 1992.                                                        
               In the cattle count he performed from fall 1992 through                
          spring 1993, Mr. Daily determined there were a total of 7,993               
          cattle.  Of the 7,993 total cattle he counted, 4,764 were mature            
          breeding cattle.  At every location that he visited and counted             






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