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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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