Durham Farms #1 - Page 39




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          from around 1987 through 1992 helped to maintain many of the Hoyt           
          organization’s cattle records (including obtaining information on           
          cattle kept at numerous locations), and (3) Donna Schnitker (Mrs.           
          Schnitker), who as Management’s cattle marketing director handled           
          Management’s cattle sales to third parties.  The Court found the            
          testimony of these individuals to be credible and trustworthy.22            


               21(...continued)                                                       
          unrelated, nonsibling bulls.  In addition, Mr. Baker testified              
          that sometimes, when the Hoyt organization would be selling an              
          animal to a third party, he had been instructed to fabricate a              
          false pedigree for that animal, which he did.                               
               22Indeed, much of these witnesses’ testimony regarding the             
          Hoyt organization’s deceptive cattle marketing practices and its            
          fabrication of pedigree and other cattle record information is              
          corroborated by Jay Hoyt’s own May 27, 1987, written comments to            
          an Apr. 22, 1987, memorandum that Mr. Baker had submitted to Ric            
          Hoyt.  The following is an excerpt of some of Jay Hoyt’s comments           
          to certain of the complaints expressed in Mr. Baker’s memorandum:           
                    [Mr. Baker’s first complaint]:  Louie’s [a cattle                 
               manager handling public cattle sales to third parties]                 
               ‘special’ deals are starting to mess up the SPR [i.e.,                 
               Shorthorn performance records] side of cattle office.                  
                    [Jay Hoyt’s comment]:  What percentage?  100                      
               percent - etc.                                                         
                    [Mr. Baker’s next complaint]:  I created a paper                  
               for Louie because the dam had to be by Instant Replay                  
               so the calf could be registered sired by Copyright.                    
               The calf is rejecting on the SPR weaning sheet because                 
               the dam is not enrolled in SPR and is not in computer.                 
               I don’t want her in the computer because she doesn’t                   
               exist.                                                                 
                    [Jay Hoyt’s comment]:  How does R.W. [Mr. Baker]                  
               know she does not exist.  R.W. just knows she                          
               disappeared.  She might be at Mayo’s, left in                          
               California, etc.                                                       
                                                             (continued...)           





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