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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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