Durham Farms #1 - Page 35




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               With respect to some of the bills of sale and herd recap               
          sheets issued before 1988 that are in evidence, there are a                 
          number of discrepancies and inconsistencies.  For instance, two             
          bills of sale both dated April 1, 1984, were issued by the Hoyt             
          organization to SGE 84-5.  One bill of sale reflects SGE 84-5 to            
          have acquired 500 breeding cows with calves at side on that date            
          for a stated price of $5,080,000.  The other bill of sale                   
          reflects SGE 84-5 to have acquired 269 breeding cows on that date           
          for a stated price of $5,080,000.  Also, only one of these bills            
          of sale includes a Schedule A listing and describing the specific           
          individual cattle SGE 84-5 acquired.  Moreover, the 1984 herd               
          recap sheet for SGE 84-5 reflects it to have acquired 693                   
          breeding cattle during 1984.  See supra note 8.                             
               At trial, Jay Hoyt testified that the above two bills of               
          sale covered a single April 1, 1984, transaction in which 769               
          breeding cows and 500 calves were sold to SGE 84-5 for a total              



               19(...continued)                                                       
          by him to respondent.  He maintained that respondent had been               
          given access to everything the Hoyt organization had.  He also              
          asserted that many of the Hoyt organization’s records later                 
          became unavailable, because those records had been seized by                
          postal inspectors from the Hoyt organization’s offices in June              
          1995.  However, the postal inspector who conducted the seizure              
          testified that shortly after effecting the seizure, he had                  
          provided Jay Hoyt with an inventory of the seized documents.                
          This postal inspector also related that, in response to Jay                 
          Hoyt’s and the Hoyt organization representatives’ later requests,           
          he had offered them access to the documents that had been seized.           
          According to the postal inspector, Jay Hoyt had also been                   
          provided with copies of all the seized documents.                           





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