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that he had waived or allowed the Hoyt organization to dispense
with the ASA rules requiring blood testing to verify the
parentage of certain calves the Hoyt organization had registered
as being produced from embryo transplants. However, Mr.
Hunsley’s claims were directly contradicted by Mrs. Schnitker’s
later testimony.
Mrs. Schnitker explained that her husband had been involved
in the embryo transplant work done by the Hoyt organization. She
related that around 1990 Jay Hoyt met with her and her husband
and told them a calf had to be registered with the ASA for each
embryo transplant the Hoyt organization had done, regardless of
whether an actual calf had been produced. Mrs. Schnitker said
she agreed to handle the registrations, provided she could reach
an understanding with Mr. Hunsley with respect to any nonexistent
calves being registered. According to Mrs. Schnitker, she and
Mr. Hunsley came to such an understanding permitting the Hoyt
organization to register these nonexistent calves, but he had
also told her the Hoyt organization would not be allowed to
register any subsequent cattle characterized as progeny of these
nonexistent calves.
The Court finds Mrs. Schnitker’s above testimony credible.
In addition to believing her to be a trustworthy witness, the
Court notes that other reliable evidence in the record
corroborates various aspects of her testimony. The record
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