Free Motion in Limine - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM

Document 317-3

Filed 04/18/2005

Page 1 of 2

1 IN THE UNITED STATES COURT OF FEDER~_L CLAIMS

PRECISIONPINE

& TIMBER,

INC.,

Plaintiff, Case Number: 98-720C

THE UNITED STATES,

Defendant.

DEPOSITION

OF ROBERT

A. NESS

February Eugene,

25, 2005 Oregon

BE IT REMEMBERED THAT, the deposition of ROBERT A. NESS was taken on behalf of the Defendant before Valia J. Lamb, on Friday, February 25, 2005, beginning at the hour of 9:00 a.m. at the United States Attorney's office, 701 High Street, in the City of Eugene, State of Oregon.

Case 1:98-cv-00720-GWM

Document 317-3

Filed 04/18/2005

Page 2 of 2

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R, Ness - D 116 A That's correct. You said you used the same grade Q breakdown as with the original report? A Yes. Again, that grade breakdo~ is something Q that you were supplied; is that correct? A That's correct. Q So you didn't do any independent analysis of the breakdown that was used in this report or the original report? A That's correct. Well, I kind of take it back when you say no analysis. I did look at the reasonableness of it. I mean, actually, I have looked at invoices. If they said that they were going to get 15 percent nu~%ber 3 shop, and I didn't see any number 3 shop invoices for any of the period, I would say, Well, that doesn't seem reasonable. So, yes, I didn't do anything specifically; but if it didn't look reasonable, I probably would have noticed it if it was significantly different. Q So aside from simply looking at the numbers and seeing that they were the sorts of products that were in fact being produced? A Yes, and that there is more number 3