Medchem (P.R.), Inc. - Page 24




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          31, 1992, as the Avitene planner/buyer.9  The planner/buyer                 
          generally established periodic schedules under which Alcon P.R.             
          manufactured Avitene for MedChem P.R. in accordance with orders             
          placed by MedChem U.S.A.  The planner/buyer also:  (1) Attended             
          weekly manufacturing meetings held with Alcon P.R. managers at              
          Alcon P.R.’s facility, (2) monitored the inventories of materials           
          used in the manufacturing process, (3) purchased materials and              
          components (exclusive of corium) through Alcon P.R.’s purchasing            
          system, after receiving the authorization of an Alcon P.R.                  
          manager (and sometimes also a MedChem U.S.A. manager), (4) dealt            
          with Alcon P.R. or MedChem U.S.A. personnel to cure problems                
          arising mainly from the materials used in the Avitene                       
          manufacturing process, and (5) verified with Alcon P.R. personnel           
          that the required quality assurance tests had been performed and            
          confirmed that the product was ready for shipping.                          
               Raymond Castro was a Kelly employee who worked as                      
          planner/buyer from on or about June 30, 1990, through March 1991.           
          Kelly hired him and paid him $12.02 per hour.  Neither petitioner           
          was involved in his hiring or in his placement as planner/buyer.            
          He reported to Ronald Shepherd and/or Luis Diaz, an Alcon P.R.              
          manager, and Mr. Castro’s work required that he interact with               
          Alcon P.R. employees and MedChem U.S.A. employees.  Alcon P.R.              
          invoiced MedChem P.R. for the amount that it paid Kelly as to Mr.           

               9 Before this time, Mr. Perez was the planner/buyer.                   





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