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principal place of business was in Ventura, California, when its
petition was filed in this Court.
A. Petitioner’s Business
Petitioner is a wholesale distributor of motor controls
(parts) manufactured by Allen-Bradley. It was incorporated in
1991 by Robert Lance Beiner (Beiner) and his brother. Beiner and
his brother owned petitioner’s stock equally until 1992 when
Beiner became (and remains today) petitioner’s sole shareholder.
Since December 2, 1991, Beiner has been petitioner’s sole
director and its president, secretary, and treasurer. Since at
least December 3, 1995, Beiner has also been petitioner’s chief
executive officer and its chief financial officer.
Petitioner began its business selling a wide range of
materials made by various manufacturers. Shortly after starting
the business, Beiner concluded that no distributor in the United
States stocked a wide range of parts made by Allen-Bradley, and
he caused petitioner to limit its business to the sale of those
parts. Beiner surmised on the basis of his longtime experience
as an electrical designer that petitioner’s sale of only
Allen-Bradley parts would be most profitable to it in that it
could stock a wide range of those parts and immediately deliver
them to customers upon request. Other distributors of
Allen-Bradley parts, and Allen-Bradley itself, were usually
unable to deliver those parts until many days after a request.
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Last modified: May 25, 2011