- 46 - 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 cattlePage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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