Durham Farms #1 - Page 46




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          separate animals.  However, this testimony of Jay Hoyt still does           
          not satisfactorily explain the large number of duplicate tag                
          numbers found in Mr. Favre’s tally sheets.  With only a few                 
          exceptions, the tally sheets either disclose no tag color for the           
          duplicate tag numbers involved or reflect that those duplicate              
          tag numbers were for the same tag color.                                    
               The Court has major problems with Mr. Favre’s cattle numbers           
          and does not consider those numbers to be reliable.  Though it              
          has confidence in the cattle count performed by respondent’s                
          expert Mr. Daily, the Court has no confidence in the reliability            
          of Mr. Favre’s numbers because it does not believe Mr. Favre’s              
          count to have been performed in a competent and proficient                  
          manner.  As indicated previously, Mr. Daily was accepted by the             
          Court as an expert on cattle counting and cattle appraisal and              
          had extensive prior professional experience in counting and                 
          evaluating cattle.  In the cattle count he conducted of the Hoyt            
          organization herd, Mr. Daily further was assisted by an                     
          experienced crew.  In contrast, Mr. Favre testified as a fact               
          witness, and his report was accepted in evidence as a business              
          record of the Hoyt organization.  Mr. Favre also had only rather            
          limited prior experience in counting and evaluating cattle, and             
          his level of experience and expertise was substantially below               
          that of Mr. Daily.  In conducting his count, Mr. Favre was                  
          assisted by Jay Hoyt and other of the Hoyt organization’s cattle            






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