- 22 -
Mr. Menard attended the time trials and the actual races.23
Typically, Mr. Menard arrived at the racing venue either the day
before or the day of the race. On race day, both before and
after the race, Mr. Menard talked with sponsors, potential
sponsors, vendors, potential vendors, Menards employees, and
Menards customers.24 During the race, Mr. Menard stayed in the
pits with the team.
c. Other IRL Races
For IRL races other than the Indy 500, Mr. Menard usually
arrived on Saturday for the morning practice and stayed through
the race on Sunday. At these events, Mr. Menard was with the
racing team for practice, qualifying, and the race itself but
spent the rest of his time talking with sponsors, vendors, and
Menards employees. On occasion, if the racing venue was located
near a Menards store or a competitor’s store, Mr. Menard would
visit the store. Mr. Menard missed approximately one racing
event in each of 1997 and 1998.
3. Menards’s Relationship With TMI
a. Payment and Deduction of TMI’s Expenses
Menards paid certain of TMI’s expenses relating to TMI’s
23The Indy 500 time trials and races were held on separate
weekends.
24Other Menards executives, including L. Menard and Mr.
Archibald, engaged in business-related activities at the Indy
500.
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