Durham Farms #1 - Page 47




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          people.                                                                     
               In connection with evaluating the reliability of Mr. Favre’s           
          cattle count numbers, the Court further considers noteworthy                
          that, in a combined report Mr. Favre and certain of the Hoyt                
          organization cattle people issued later in February of 1994,                
          they, among other things, asserted that thousands of cattle in              
          the Hoyt herd had perished from 1988 through 1992 as a result of            
          drought conditions.  However, as discussed more fully infra note            
          31, the Court finds dubious this assertion of Mr. Favre and these           
          other individuals.                                                          
               On the basis of the foregoing discussion and the credible              
          evidence of record, the Court concludes that, as of April 1993,             
          the Hoyt organization herd included 3,150 cows, 1,855 bulls,                
          2,000 heifers, 1,000 Timeshares Breeding Services heifers, and              
          2,300 calves.  In arriving at these numbers, we have adjusted and           
          modified the cattle numbers Mr. Daily determined in some                    
          situations where we felt it appropriate.  It is to be noted,                
          however, that this still does not provide us with the numbers of            
          mature breeding cattle contained annually in the Hoyt                       
          organization herd during the period from 1987 through 1992.                 
               D.  The Total Numbers of Breeding Cattle Present During 1987           
          Through 1992                                                                
               Again (as was the case with the numbers of cattle determined           
          in Mr. Daily’s and Mr. Favre’s respective cattle counts) there is           
          a wide disparity in the numbers of breeding cattle the parties              





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