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These neighbors happened to be doctoral students of archaeology
and anthropology who were conducting research related to the
history of jojoba. Mr. Harvey was reacquainted with jojoba in
1982 by Marlin Peterson. Mr. Peterson, a certified public
accountant, is petitioners’ accountant and has prepared their tax
returns since around 1974. When Mr. Harvey and Mr. Peterson
first discussed jojoba in November 1982, Mr. Peterson was in the
planning stages of the jojoba investment. Mr. Harvey discussed
the investment with Mr. Peterson when Mr. Harvey met with him and
another of his clients at a lunch which was both social and for
the purpose of discussing tax matters. After meeting with Mr.
Peterson, Mr. Harvey met with Rick Avery, president of Anderson-
Clayton Food Company. Mr. Avery had access to research which had
been conducted relating to potential uses of jojoba in the food
industry. Mr. Harvey learned from this meeting that the
insufficient supply of jojoba was at least in part prohibiting
its use in food products. Mr. Harvey then discussed jojoba with
a health food store owner, who provided him with materials
relating to jojoba’s properties and uses.
Mr. Harvey also obtained, and carefully reviewed, a copy of
the private placement memorandum distributed by the promoters of
Yuma Mesa. According to this document, the partnership was
organized “to engage in research and development and, thereafter,
participate in the marketing of the products of the jojoba
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Last modified: May 25, 2011