Marvin L. Barmes and Barbara J. Barmes - Page 18

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                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  As           
          discussed above, certain other facts have been deemed established           
          pursuant to Rule 104(c) and are incorporated herein as findings             
          of fact by this reference.                                                  
               Petitioners, who at all relevant times were husband and                
          wife, resided in Indiana at the time the petition was filed.                
          Petitioners’ Businesses                                                     
               At all relevant times, petitioners operated two businesses,            
          one under the name Barbara’s Gift Shop and the other under the              
          name Barmes Wholesale (collectively, the two businesses).  During           
          at least the period November 1994 through December 1996, Mr.                
          Barmes was the individual who had ultimate control over Barbara’s           
          Gift Shop and Barmes Wholesale and the operations of those two              
               At all relevant times, Barbara’s Gift Shop, a retail busi-             
          ness located at 120 Main Street,13 Vincennes, Knox County, Indi-            
          ana, and Barmes Wholesale, a wholesale business located at 114              
          Main Street, Vincennes, Knox County, Indiana (collectively, the             
          business locations), sold many of the same products, which                  
          included adult novelties and tobacco accessories.  At those                 

               13The record is unclear as to whether the street on which              
          the two businesses were located was called Main Street or East              
          Main Street.  Most of the references in the record are to Main              
          Street, and, for convenience, we shall refer to the street on               
          which the two businesses were located as Main Street.                       

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