Wagner Construction, Inc. - Page 24




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          duties and assumed all the responsibilities for petitioner's                
          operations.                                                                 
               Mr. Reilly based his analysis of compensation paid to Dennis           
          on the duties performed as president and chief executive officer            
          (CEO), chief financial officer, vice president of marketing and             
          sales, and chief operating officer (COO).  Mr. Reilly based his             
          analysis of compensation paid to Curtis on the duties performed             
          as vice president and chief engineering executive, COO (in                  
          Dennis' absence), and supervisor of petitioner's logging                    
          operations.                                                                 
               Mr. Reilly found that, in his efforts to compare petitioner            
          to other highway and heavy construction companies, petitioner was           
          unique because it had a management team of only two people,                 
          Dennis and Curtis, who operated a business with annual revenues             
          between $5 and $6 million.  Petitioner's management structure was           
          comparable to that of highway and heavy construction companies              
          with annual revenues between $1 and $3 million.  Furthermore, in            
          Mr. Reilly's opinion, it would take four people to replace                  
          Dennis.  Mr. Reilly also noted, in comparing petitioner to other            
          highway and heavy construction companies of comparable size, that           
          petitioner operates in northern Minnesota where the construction            
          season is very short.  In comparing petitioner's financial                  
          information to the published survey data, Mr. Reilly used                   








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Last modified: May 25, 2011