Free Exhibit List - District Court of Federal Claims - federal

Case 1:96-cv-00408-LAS

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ INNOVAIR AVIATION LIMITED, Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) )

DOCKET NO. 96-408C (Senior Judge Loren A. Smith)

JOINT TRIAL EXHIBIT LIST Pursuant to paragraph 13 of Appendix A to the Rules of the United States Court of Federal Claims, plaintiff Innovair Aviation Limited submits the following joint exhibits to which the parties have previously agreed:

Proposed Joint Exhibit No. JX 1

Document Description

June 24, 1988, Technology License Agreement between the two parties of Basler Turbo Conversions, Inc. and Innovair Aviation, Limited, signed by the president of Basler Turbo Conversions, Inc., Warren L. Basler and the president of Innovair Aviation, Limited, Bryan R. Carmichael. (8 pages) September 6, 1988, Memo from Barry Wilson, to Bryan Carmichael, enclosing a report on his visit to Zimbabwe and four letters to be sent. (9 pages) December 5, 1988, Basler Turbo Conversions, Inc. letter, from Bryan Carmichael, to Cliff Bernett, confirming their discussions on the basis for Mr. Bernett's representation of Basler Turbo Conversions, Inc. and Innovair Aviation, Ltd. (2 pages) January 27, 1989, Telefax from Cliff Bernett to Bryan Carmichael, of Basler Turbo Conversions, attaching Mr. Bernett's report on his visit to Turkey. (9 pages)

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Proposed Joint Exhibit No. JX 5

Document Description

February 10, 1989, Fax from Cliff Bernett to Bryan Carmichael, of Basler Turbo Conversions, attaching Mr. Bernett's report on his visit to Greece. (7 pages) February 17, 1989, Federal Express letter, from Dave Kintzele, Senior Field Administrator, to Warren Basler, of Basler Aviation, confirming that Federal Express agrees to lease from Basler Airlines 3 DC#-TP-67 aircraft under the provided conditions. (1 page) February 23, 1989, Fax from Cliff Bernett, attaching his report on U.K. trip from February 17-22, 1989. (6 pages) March 22, 1989, DC-3 Queensland Visit. (4 pages) May 22, 1989, Basler Turbo Conversions, Inc. letter, from Barry W. Wilson, to Mr. Andrew Ganshoff van der Mirsch, Abelag Aviation. (2 pages) June 29, 1989, Basler Turbo Conversions, Inc. Memo, from Bryan R. Carmichael, to Cliff Bernett, with its subject focusing on the Turkish Project. (5 pages) September 1, 1989, Foreign Sales Representative Agreement between the two parties of Innovair Aviation Limited and Altay Kollektif Sirketi. (7 pages) November 8, 1989, Avmark, Inc. Basler Turbo-67 (DC-3 Conversion) Valuation. (37 pages) Undated, suspected year is 1990, Powerpoint presentation on the Taiwan Joint Venture with Basler Turbo Conversions, Arizona Trial Exhibit 50, Carmichael Deposition Exhibit 14. (8 pages) January 14, 1991, Letter from Barry Wilson, to Tom Weigt, regarding Mr. Wilson's meetings in Zimbabwe and South Africa. (2 pages) January 29, 1990, Innovair Aviation Limited letter, from Barry Wilson, to Bryan Carmichael, regarding the Zimbabwe trip and the price information for conversions. (2 pages) March 2, 1990, U.S. Department of Transportation, Northwest Mountain Region letter, from Frederick Lee, to Robert Clark, Vice President/General Manager of Basler Turbo, Conversions, Inc., enclosing the Supplemental Type Certificate (STC SA4840NM) as approval for the installation of Pratt & Whitney PT6A-67R Engines on a McDonnell Douglas Corp DC3C. (4 pages) April 8, 1990, Innovair Aviation Limited letter, from Bryan

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Proposed Joint Exhibit No.

Document Description

Carmichael, to Fred Johnson, United Technologies Corp., responding to Mr. Johnson's questions in a fax dated April 3, 1990. (8 pages) JX 18 May 14, 1990, Innovair Aviation Limited letter, from Barry Wilson, to Daniel Ng, McDonald's Restaurants (H.K.) Ltd., regarding the Turbo-67 Conversion Program. (2 pages) May 29, 1990, United Technologies Pratt & Whitney letter, to Warren Basler, informing Mr. Basler of United Technologies joint venture in Taiwan to convert DC-3's using ETC technology and kits. (1 page) July 13, 1990, Purchase Agreement between the four parties of United Technologies Corporation, Turbo Power and Marine Systems, Inc., Basler Turbo Conversions, Inc., Basler Flight Service, Inc., and Innovair Aviation Limited. (33 pages) DOCUMENT OMITTED July 26, 1990, Altay Kollektif Sirketi telefax message, from Murad Dural, to Bryan Carmichael, regarding the C-47 solution and informing Mr. Carmichael that he will have to put a hold and cease agreements between their two parties due to incidents in the East including Perestroika and general defense budget cuts. (1 page) August 6, 1990, Innovair Aviation Limited letter, from Barry Wilson, to Honor P. Mkushi, updating Honor Mkushi on the DC-3 Turbo 67 conversion program. (1 page) September 10, 1990, Memorandum from Thomas A. Fraker, to Wm. Timothy Sprague and John Berry, regarding the conversion projects of Basler Turbo Conversion, Inc. and Innovair Aviation Ltd. (4 pages) September 11, 1990, US Holdings, The Real Estate Services Division of United States Aircraft Corporation letter, from Harry Eastlick, to Warren Basler, submitting a lease proposal on the equipment listed in the letter to be acquired by Lessor and placed under lease to Basler Flight Services, Inc. re operating agreement for the subject aircraft with Federal Express. (3 pages) September 12, 1990, Fax from Bradley Shickel and Herb Hayes to Fred Johnson, attaching minutes for meetings on September 10th and 11th (3 pages). October 1, 1990, United Technologies Pratt & Whitney internal correspondence, from J.G. O'Connor, to R.F. Daniell, regarding the Taiwan joint venture to convert DC-3 aircraft. (4 pages)

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Proposed Joint Exhibit No. JX 28

Document Description

October 19, 1990, Letter from Bryan Carmichael, to Harry Eastlick, informing Mr. Eastlick of the cost and timing for a company to undertake a program to certify another conversion of DC3 aircraft to turboprop power. (1 page) October 22, 1990, Basler Turbo Conversions, Inc., Sale of N968F to United Technologies and Apportionment of Proceeds. (6 pages) February 1, 1991, United Technologies Pratt & Whitney letter, from Raymond Stone, to Tim Dempsey, Dempsey, Magnusen, Williamson & Lampe, regarding P&W's advice to pursue mutual concurrence on the principles of the Distributorship Agreement before trying to close on all details. (4 pages) February 13, 1991, Avmark Asia Ltd., Market Potential for the Basler BT-67 in the Asia/Pacific Region, prepared for Pratt & Whitney by Avmark Asia Limited. (46 pages) February 14, 1991, Letter from Bryan Carmichael, to Barry Wilson, Harry Eastlick, Tom Connors, and Steve Katz, attaching a study of the restructuring of Turbo-67 companies (13 pages) February 26, 1991, N96BF Delivery Trip Itinerary. (1 page) March 5, 1991, Memo from Harry Eastlick, to Bryan Carmichael and Barry Wilson, providing the General outline of Tentative Structure for financing the reorganization of Basler Turbo Conversion Inc. and Innovair Aviation Ltd. (11 pages) March 25, 1991, Memorandum from John Berry, to Wm. Timothy Sprague and Tom Fraker, regarding the Basler Turbo-67 Project and his meeting with Bryan Carmichael to discuss preparation of the Financing Memorandum. (3 pages) March 28, 1991, Air Atlantique letter, from W. James Foden, to Bryan Carmichael, confirming the positive reaction of Air Atlantique and number of its customers following the recent demonstration flights conducted in the UK by the BT 67 and would like to acquire the aircraft for its European operations. (1 page) April 11, 1991, Status of the DC-3 Conversion Joint Venture as of April 1, 1991. (3 pages) April 15, 1991, Fax from Herb Hayes, to Bryan Carmichael, providing the status of the Taiwan joint ventureBT-67 Program. (3 pages) April 23, 1991, Letter from Bryan Carmichael and Barry Wilson, to Joe McCreery, regarding their buy out offer to the Baslers as a result of an impasse which developed among the shareholders of

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Proposed Joint Exhibit No.

Document Description

Basler Turbo Conversions, Inc. (1 page) JX 40 May 13, 1991, Innovair Aviation Limited letter, from Bryan Carmichael, to Sugrim Misir, Dowty Aerospace Aviation Services Pte, Ltd., responding to Mr. Misir's request of prices for the Turbo67 conversion kits and conversions in all market outside of the U.S.A. (2 pages) May 18, 1991, Confidential Memorandum, Innovair Aviation Limited, prepared by Warwick Consulting Group, Inc. (189 pages) June 27, 1991, Fax from Herb Hayes, to Fred Johnson, providing an update on the DC-3 Conversion Program Action/Status. (3 pages) June 30, 1991, Innovair, Inc. letter, from Bryan Carmichael, to Hok Yap, requesting Mr. Hok Yap to fax his outline for raising funds on a joint basis for the UTC Taiwan project. (2 pages) June 30, 1991, Innovair, Inc. letter, from Bryan Carmichael, to Fred Johnson, Herb Hayes, and Ray Stone, regarding the Distribution Agreement Meeting on June 25, 1991. (3 pages) July 2, 1991, Innovair, Inc. letter, from Bryan Carmichael, to Gurol Dinc, Managing Director of Temsa Konsult, regarding the status of the Turbo-67 project in Turkey. (3 pages) July 3, 1991, United Technologies Pratt & Whitney letter, from Donald Lang, Vice President of Group Business, Development, and Planning, to Bryan Carmichael, confirming United Technologies Pratt & Whitney's initial deposit toward procurement of a DC-3 conversion kit. Handwritten note documenting the letter was fed exed to Fred Johnson on July 9, 1991. (2 pages) July 8, 1991, Fax from Herb Hayes, to E.H. Yap, regarding the DC-3 Conversion Program and recommending to invest vertically in both Innovair and United Pacific Aerospace Corporation. (2 pages) July 8, 1991, Asian Capital Partners fax, from Benjamin Wiley, to Bryan Carmichael, responding to Mr. Carmichael's fax of June 30th regarding the possibility of joint funding for UTC and Innovair and listing the advantages of the joint funding if acted upon. (4 pages) July 9, 1991 United Technologies Pratt & Whitney fax, from Fred Johnson, to Bryan Carmichael, attaching a letter from Lyman Marshall addressed to Mr. Carmichael and Tom Weigt regarding the Purchase Agreement dated July 13, 1990 and the obligations of Innovair and BTX under this agreement. (3 pages) July 10, 1991, Temsa Konsult A.S. fax, to Bryan Carmichael, attaching a letter from Gurol Dinc to Bryan Carmichael responding

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Proposed Joint Exhibit No.

Document Description

to a fax from Mr. Carmichael on July 2, 1991 regarding the project with Innovair, Inc. (5 pages) JX 51 July 15, 1991, Fax from Barry Wilson, to Daniel Ng, responding to Mr. Ng's fax and informing him that Innovair is in the process of splitting the DC-3 conversion to International and U.S./Domestic. (3 pages) July 18, 1991, Valley Bank fax, attaching a letter from Joe McCreery, President of Valley Bank, to Bryan Carmichael, responding to Mr. Carmichael's communication with Mr. McCreery on July 15, 1991. (2 pages) July 25, 1991, Innovair Aviation Limited letter, from Bryan Carmichael, to Fred Johnson, regarding the possibility of the Turkish Air Force acquiring the Turbo-67 technology and requesting that they jointly develop an outline of a strategy before a visit to Ankara. (4 pages) July 31, 1991, Letter from Barry Wilson, to Joe McCreery, Valley Bank of Oshkosh, requesting that Mr. McCreery consider the letter as a formal notice pursuant to the Guaranty Agreement effective this day that he will no longer act as a guarantor on any future advances under the revolving loan agreement extended by Mr. McCreery's bank to Basler Flight Service, Inc. and Basler Turbo Conversions, Inc. (2 pages) August 25, 1991, Fax from Herb Hayes, to Fred Johnson, regarding contact progress and enclosing personal notes on contacts in Kuala Lumpur, Malaysia and Indonesia. (5 pages) September 17, 1991, Foley & Lardner letter, from Katherine Lunsford, to Reid C. Pixler, Assistant U.S. Attorney, confirming their conversation last week in which they discussed that Innovair is no longer interested in pursuing the possibility of posting a substitute res bond for the license agreement and requesting Mr. Pixler sign the bottom of the letter and return to Ms. Lunsford. (3 pages) October 10, 1991, Innovair Aviation Limited letter, from Bryan Carmichael, to Fred Johnson and Ray Stone, United Technologies, confirming and reiterating what was discussed at a recent meeting between these three and Barry Wilson on September 30, 1991. (3 pages) November 18, 1991, Global Turbo DC-3 Leasing Limited letter, from Ray Johnson, Managing Director, to Tom Weigt, regarding a possible relationship with the Basler organization in a mutually

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Proposed Joint Exhibit No.

Document Description

beneficial manner. (3 pages) JX 59 January 15, 1992, United Technologies Internal Correspondence, from R.O. Wilson and K.A. Monaco, to D.C. Yen, regarding the Lease Guaranty Request/Taiwan Offset Credit. (2 pages) April 10, 1992, United Technologies Pratt & Whitney Internal Correspondence, form Lyman Marshall, to Marlene Hayes, regarding a contract extension with C3 Documentation to December 31, 1992. (2 pages) July 7, 1992, Basler Turbo Conversions, Inc. letter, from Tom Weigt, to Donald Miller, United Pacific Aerospace, responding to Mr. Miller's letter regarding Pacific Rim marketing of the Basler Turbo67. (2 pages) September 23, 1993, Court Judgment, Court Dismissal, and Settlement Agreement between Basler Turbo Conversions, Inc., Warren Basler, Patricia Basler, Innovair Aviation Limited, Bryan Carmichael, Barry Wilson, Elsa Carmichael, and Geoffrey E.D. Wilson. (25 pages) February 11, 1992, United States District Court, District of Arizona, Declaration of Katherine Lunsford in support of Objections of Claimants Innovair Aviation Limited and Bryan R. Carmichael to Proposed Stipulated Substitute Res Bond, Case No. CIV-90-1827RCB. (9 pages) February 11, 1992, United States District Court, District of Arizona, Brief in Support of Objections of Claimants Innovair Aviation Limited and Bryan R. Carmichael to Proposed Stipulated Substitute Res Bond, Case No. CIV-90-1827-RCB. (17 pages) List of Contacts Made by Cliff Burnett as a Sale Representative, C002137. (1 page) DOCUMENT OMITTED 1990-1994, BTC and Innovair, Five Year Business Plan, Deposition Exhibit 25. (72 pages) January 1, 1990 - December 31, 1994, Deloitte & Touche Projected Financial Statements for Innovair and BTC, Deposition Exhibit 17. (65 pages) Basler Turbo-67 Pamphlet (I). (19 pages) Basler Turbo-67 Pamphlet (II). (30 pages) Basler Turbo-67 Pamphlet. (2 pages)

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Proposed Joint Exhibit No. JX 72 JX 73 JX 74 JX 75

Document Description

Aircraft Comparison Chart. (3 pages) Performance and Price Chart for Competitive Aircraft. (1 page) December 19, 1990, Article titled "New Life for the DC-3" from Private Pilot. (3 pages) Basler Turbo-67 Conversions, Inc. Converted Aircraft in Service, from 1990-2005. (1 page)

Respectfully submitted, s/Ty Cobb_________________________ Ty Cobb HOGAN & HARTSON L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20004 (202) 637-5681 (direct) (202) 637-5910 (facsimile) Attorney of Record for Plaintiff Innovair Aviation Limited Of Counsel: H. Christopher Bartolomucci Audrey E. Moog HOGAN & HARTSON L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20004 (202) 637-5810 (202) 637-5910 (facsimile) Dated: October 16, 2007

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CERTIFICATE OF SERVICE I hereby certify that on this 16th day of October, 2007, I filed the foregoing Joint Trial Exhibit List using the Court of Federal Claims' Electronic Court Filing system, which automatically caused notice to be sent to counsel of record for the parties. s/Ty Cobb_________________________ Ty Cobb Counsel for Innovair Aviation Limited

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