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Protek11/7/2005
ard damages due to idle presses or operators.
{ } Further, Protek claims damage to its business relations with other customers. Protek argues it was required to dedicate certain presses strictly to the production of tank pads, and remove the presses from the production for other customers, particularly PML. Protek asserts, as a result of its experiences with LES, Protek's business relationship with PML suffered due to outsourcing of jobs and then in an eventual loss of work. Protek maintains it offered detailed and undisputed evidence quantifying its business relationship with PML and the economic impact of the lost business.
{ } The following exchange occurred at trial:
{ } "Q: Okay. And the PML business documents that you referred to earlier, do you have those in front of you, sir?
{ } " *
{ } "Q: So if this one here says Alliance Steel Products, it is 2002, and if it were really a contract with Protek, shouldn't it say Protek on it?
{ } "A: I just pulled PML, didn't correspond over the Internet or anything. These are just examples of that that we still had in the facility. They were boxed up, we don't keep them forever, had to go back to this time frame to dig out. That is just to show what the volumes were over the period of time. I didn't mean to correlate that that was a contract with Protek. Later they started dealing with Protek.
{ } "Q: In your deposition, sir, you said, correct me if I am wrong, that PML had cancelled twelve contracts?
{ } "A: I said roughly twelve. I didn't have anything in front of me.
{ } "Q: Okay. I count thirteen pages here, sir.
{ } "A: Yes.
{ } "Q: Are you aware Mr. Dinger thought it was twenty?
{ } "A: There may have been. Their service parts, I don't count service parts as a current production part; but there probably are twenty, maybe not quite twenty, but there are probably that many part numbers at our facility at that time. They wouldn't be reflected in the purchase orders. They only give service parts when they need them.
{ } "Q: We will stick to the ones that have been provided. February 12, 2002, and where on here does it show that purchase order was cancelled?
{ } "A: It doesn't.
{ } "Q: Do you have any documents, any writings, anything of that nature that would show that PML cancelled this particular purchase order?
{ } "A: All the orders were cancelled at our facility at a face-to-face meeting with Mr. Dinger and myself.
{ } "Q: I don't want an out of court statement, sir. I am just asking you, do you have any documents that show that of any kind?
{ } "A: No, we don't have any with Lake Erie either.
{ } "Q: Well, Lake Erie delivered all their bolts?
{ } "A: No, in this industry you just stop making purchase orders basically.
{ } "Q: Even if they are in effect?
{ } "A: The relationship ended at this point in the fall.
{ } "Q: The fall of 2002?
{ } "A: Maybe later than that. The business was starting, the process of moving the business in the fall. We ran some parts for them while they were sourcing them with other companies.
{ } "Q: Now, sir, how would anyone know form the part numbers listed that these are the RMO bolts that are at issue in this case?
{ } "A: I have stated several times that there are no bolts that Lake Erie made for Protek that were PML jobs.
{ } " *
{ } "A: No, this is not intended to show cancellation. This was intended to show volumes and purchase price
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