Free Exhibit List - District Court of Federal Claims - federal

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 1 of 28

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

No. 96-408C (Senior Judge Loren Smith)

DEFENDANT'S REVISED TRIAL EXHIBIT LIST1 Pursuant to paragraph 13 of Appendix A to the Rules of the United States Court of Federal Claims, defendant submits its list of proposed exhibits as follows: Exhibit No. CORRESPONDENCE, MEMORANDA, AND VARIOUS DOCUMENTS CORRESPONDENCE AND MEMORANDA, 1982 1. October 9, 1982, Aero-Technical Company letter, to Innovair, Manager, responding with extreme interest to an Innovair advertisement in the "Australian" newspaper of October 6th for a Marketing Manager position for the promotion of conversion kits applicable to DC3 aircraft Aero-Technical Company. (1 page)

CORRESPONDENCE AND MEMORANDA, 1983 2. April 8, 1983, Aero-Technical Company letter, from John H. Warne, to Brian Carmichael of Innovair, regarding Mr. Carmichael's trip to Australia and the FAA certification for the DC3 conversion kits. (1 page)

CORRESPONDENCE AND MEMORANDA, 1988 3. 4. DX 3 IS NOW JX 1 DX 4 IS NOW JX 2

Defendant's Revised Exhibit Trial Exhibit List reflects the fact that the parties have agreed upon a Joint Exhibit List, which plaintiff will file with the Court.

1

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 2 of 28

5. 6.

DX 5 IS NOW JX 3 December 6, 1988, Letter from Cliff Bernett, to Bryan Carmichael, attaching an invoice for professional services rendered from November 20-25 and December 2. (3 pages)

CORRESPONDENCE AND MEMORANDA, 1989 7. 8. DX 7 IS NOW JX 4 February 1, 1989, Notes on Project to Lease Six Turbo DC-3's For Operation with Federal Express. (1 page) DX 9 IS NOW JX 5 February 16, 1989, Memo titled TC-47 Some Observations on Marketing. (1 page) DX 11 IS NOW JX 6 February 17, 1989, Basler Turbo Conversions, Inc./Innovair Aviation Ltd., Outline Draft of Business Plan. (18 pages) DX 13 IS NOW JX 7 February 27, 1989, Telefax from Cliff Bernett to Bryan Carmichael, attaching a letter from Cliff Bernett to Murad Dural, President of Altay K.S. Ankara confirming interest in working together to develop a leasing proposal to the Turkish Air Force for the conversion of 6 C47s. (1 page) DX 15 IS NOW JX 8

9. 10.

11. 12.

13. 14.

15.

16.

March 30, 1989, Basler Turbo Conversions, Inc. letter, from Bryan Carmichael to Fred Johnson, Pratt & Whitney, outlining a possible way to proceed with the project in providing turbo prop conversion kits to Air Asia to convert 20 C-47 aircraft belonging to the Taiwanese Air Force. (4 pages) March 31, 1989, Check from Basler Turbo Conversions, Inc. to Cliff Bernett in the amount of $7,738.64, with Mr. Bernett's invoices for this amount attached. (6 pages)

17.

-2-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 3 of 28

18.

April 5, 1989, Letter from Fuerzas Militares de Colombia, to Basler Turbo Conversions, Inc., requesting detailed information concerning modification program for C-47 Aircraft powered by turbopropeller engines according to Basler's proposal. (2 pages) April 19, 1989, Basler Turbo Conversions, Inc., Mechanics of Innovair sales to Air Colombia. (34 pages) May 15, 1989, Check from Basler Turbo Conversions, Inc. to Cliff Bernett in the amount of $3, 879.74, with Mr. Bernett's invoices for this amount attached. (3 pages) DX 21 IS NOW JX 9 DX 22 IS NOW JX 10 August 1, 1989, Estimate of Profitability on First 13 Sales, Innovair Aviation, Ltd. (3 pages) August 11, 1989, Check from Basler Turbo Conversions, Inc. to Cliff Bernett in the amount of $5, 290.68, with Mr. Bernett's invoices for this amount attached. (7 pages) August 23, 1989, Basler Turbo Conversions, Inc. letter, from Barry Wilson, to Alfred P. West Jr., Chairman, President, and CEO of SEI Corporation, requesting a source of lease financing for Basler's program with Federal Express. (2 pages) DX 26 IS NOW JX 11 September 18, 1989, Telefax from Cliff Bernett to Bryan Carmichael, attaching his trip reports from South Africa and Zimbabwe. (19 pages) September 19, 1988, Basler Turbo Conversions, Inc. letter, from Bryan Carmichael, to A.L. Patterson, responding to Mr. Patterson's letter (attached to Mr. Carmichael's letter) requesting data on the Turboprop conversion of the DC-3 and notifying Mr. Patterson that Basler has not yet completed pricing arrangements for the conversion or conversion kits. (2 pages) September 20, 1989, Basler Turbo Conversions, Inc. letter, from Bryan Carmichael, to B.H. Owen, Engineering Manager at Affretair (Pvt.) Ltd., responding to Mr. Owen's request for pricing information for conversion and conversion kits. (2 pages) Deleted. -3-

19.

20.

21. 22. 23.

24.

25.

26. 27.

28.

29.

30.

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 4 of 28

31.

October 3, 1989, Innovair Aviation Limited letter, from Bryan Carmichael, to Haile Mariam Derso, Deputy General Manager Tech. Services, Ethiopian Airlines, providing price quotations for the installation of a conversion kit on DC3 aircraft utilizing Pratt & Whitney PT6A-67R turboprop engines. (5 pages) DX 32 IS NOW JX 12 November 20, 1989, Basler Turbo Conversions, Inc. letter, from Bryan Carmichael, to Tim Dempsey, Dempsey, Magnusen, Williamson, & Lampe, providing the strategy Basler wishes to pursue in negotiating contracts with Air Colombia. (4 pages)

32. 33.

CORRESPONDENCE AND MEMORANDA, 1990 34. 35. 36. 37. 38. 1990, To do list for meeting, IAL 07556 - IAL 07561. (6 pages) DX 35 IS NOW JX 13 DX 36 IS NOW JX 14 DX 37 IS NOW JX 15 November 21, 1990, Indoswiss, Ltd. fax, from Jim Eckes, to Barry Wilson, focusing on the subject of Basler Turbo- 67 Marketing Representation in Asia. (3 pages) February 12, 1990, Innovair Aviation Limited letter, from Barry Wilson, to Bryan Carmichael, regarding the Zimbabwe Air Force program. (3 pages) February 26, 199[1], Matters discussed between Tom Fraker and John Barry of Warwich, Harry Eastlick and Bryan Carmichael on February 26, 1990. (2 pages) March 2, 1990, South Coast Aviation fax, from John Harrison, to Barry Wilson, responding to Mr. Wilson's inquiry regarding the costs of ferrying up to four DC3's from Harare, Zimbabwe to Oshkosh, Wisconsin USA and the return of these 4 DC-3's to Harare. (4 pages) DX 42 IS NOW JX 16 March 26, 1990, Basler Turbo Conversions, Inc. fax, from Bryan Carmichael, to Naj Allana, Deloitte & Touche, attaching three schedules- one with corrections, one with sales units, and the other with organization and salary. (8 pages)

39.

40.

41.

42. 43.

-4-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 5 of 28

44.

March 26, 1990, Basler Turbo Conversions, Inc. fax, from Bryan Carmichael, to Fred Johnson, attaching cash receipts and payments for period April to December 1990. (3 pages) April 1, 1990, Basler Turbo Conversions, Inc. fax, from Bryan Carmichael, to Murad Dural, requesting answers to the questions attached. (4 pages) April 4, 1990, Dakota Aircraft Manufacturing, Inc. fax, to Bryan Carmichael, regarding Dakota Aircraft Manufacturing, Inc.'s distributorship agreement with Innovair Aviation, Ltd's companies. (4 pages) April 8, 1990, Handwritten draft letter from Bryan Carmichael, to Fred Johnson, United Technologies Corp., responding to Mr. Johnson's questions in a fax dated April 3, 1990. (7 pages) DX 48 IS NOW JX 17 April 11, 1990, UBEM Ltd. fax, to George Ritsi, Business Developments, regarding C-47 Modernization and fax sent from Ritsi on April 11, 1990. (1 page) April 20, 1990, Douglas International Group letter, from Don Douglas, to Bryan Carmichael, regarding an earlier meeting between the two on April 16, 1990. (3 pages) April 24, 1990, Innovair Aviation Limited letter, from Bryan Carmichael, to John Bates, Dakota Aircraft Manufacturing Inc., informing Mr. Bates that Innovair will have to close the production line for manufacturing kits for the Polish project if it does not receive the Polish funds by May 2, 1990. (1 page) April 27, 1990, Basler Turbo Conversions, Inc. fax, from Bryan Carmichael, to Barry Wilson, attaching a cleaned up version of a fax Mr. Carmichael sent regarding U.T.C. financing. (3 pages) April 30, 1990, Basler Turbo Conversions, Inc. Outline Proposal of Strategic Alliance Between Innovair/Basler Turbo Conversions and United Technologies Inc. (4 pages) Deleted. May 11, 1990, Basler Flight Service, Inc. letter, from Michael G. Hintz, to Joe E. McCreery, President of Valley Bank in Oshkosh, Wisconsin, and Douglas R. Paschen, Senior Vice President of Valley Bank, providing copies of "Projected Weekly Cash Flows" for Basler Flight Service, Inc. and Basler Turbo Conversions, Inc. (13 pages) -5-

45.

46.

47.

48. 49.

50.

51.

52.

53.

54. 55.

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 6 of 28

56. 57.

DX 56 IS NOW JX 18 May 16, 1990, Altay Kollektif Sirketi telefax message, from Murad Dural, to Bryan Carmichael, regarding c-47 Conversion and negotiations with Casa. (1 page). DX 58 IS NOW JX 19 May 31, 1990, Schumaker, Romenesko, & Associates letter, to Doug Paschen, Senior Vice President of Valley Bank, regarding a special investigation of Basler Flight Service, Inc., Basler Turbo Conversions, Inc., Innovair Aviation, Ltd., and Mr. and Mrs. Warren Basler. (12 pages) June 8, 1990, Basler Flight Service, Inc. fax, from R.J. Starr to Pratt & Whitney Group, regarding AMI DC3 Conversion details. (2 pages) June 11, 1990, Basler Flight Service, Inc. Aircraft Sales Invoice, No. 1026, for United Technologies Pratt & Whitney in the amount of $2,279,753.00. (2 pages) June 13, 1990, Basler Turbo Conversions, Inc., Assumptions Used for Cash Flow June-December, 1990 and Explanatory Notes. (5 pages) DX 63 IS NOW JX 20 DX 64 IS NOW JX 21 DX 65 IS NOW JX 22 August 1, 1990, United States Aircraft Corporation letter, from Harry Eastlick, President and CEO, to Warren Basler, Bryan Carmichael, and Barry Wilson, summarizing their recent agreement to combine Basler Turbo Conversion, Inc., Innovair Aviation Limited, and certain portions of Basler Flight Service, Inc. With United States Aircraft Corporation. (5 pages) August 6, 1990, Innovair Aviation Limited letter, from Barry Wilson, to Thomas S. Kan, updating Mr. Kan on the Turbo-67 project. (3 pages) DX 68 IS NOW JX 23 August 15, 1990, Letter from Bryan Carmichael to Thomas Weigt, providing background on Phil Trudell's contract. (2 pages).

58. 59.

60.

61.

62.

63. 64. 65. 66.

67.

68. 69.

-6-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 7 of 28

70.

August 28, 1990, K.B. Aviation fax, from Phil Koszarek, to Warren Basler, regarding Basler conversion problems. (1 page) August 30, 1990, Indamer Company Private, Ltd. fax, from Phil Koszarek, to Karel Van Heerden, Strallis Group International, requesting insight into a Turboconversion for a DC3. (1 page) August 31, 1990, Meeting minutes at Basler Flight Service, Basler Turbo Conversion, with Tom Weigt, Pat Basler, Judy Glinski, Mike Hintz, and Joe McCreery in attendance. (2 pages) August 31, 1990, Indamer fax, from K.R. Nandkumar, Director, to Warren Basler, requesting a list of operators who have modified the DC-3 aircraft as well as the current progress on hand. (1 page) DX 74 IS NOW JX 24 DX 75 IS NOW JX 25 DX 76 IS NOW JX 26 September 20, 1990, Warwick Consulting Group, Inc. fax, from Tom Fraker, to Harry Eastlick, regarding the Basler and US Holdings relationship. (2 pages) September 20, 1990, Memorandum from Tom Fraker, to Harry Eastlick, regarding potential investors in U.S. Holdings. (14 pages) DX 79 IS NOW JX 27 October 2, 1990, Warwick & Company memorandum, from John Berry, to Harry Eastlick, providing an initial review of the "USAC" transaction. (5 pages) October 5, 1990, PMD International, Inc. letter, to Bryan Carmichael, providing a detailed offer to act as a financial advisor to Basler Turbo Conversions, Inc. to assist in raising additional equity for the company. (4 pages) October 6, 1990, Basler Turbo Conversions, Inc. fax, from Bryan Carmichael, to Harry Eastlick, attaching answers to Mr. Eastlick's questions posed during discussions between the two. (8 pages) October 8, 1990, Basler Turbo Conversions, Inc. letter, from Tom Weigt, to Graeme Conlyn, Managing Director of National Airways and Finance Corporation (PTY) Ltd., regarding Mr. Conlyn's visit to Oshkosh to visit Basler's facility. (2 pages) -7-

71.

72.

73.

74. 75. 76. 77.

78.

79. 80.

81.

82.

83.

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 8 of 28

84.

October 8, 1990, Basler Flight Service, Inc. fax, from Tom Weigt, to Joe Madison, regarding training for seven Air Asia staff. (1 page) October 19, 1990, US Holdings fax, from Harry Eastlick, to Bryan Carmichael, regarding a proposal for US Holdings to serve as a financial advisor in the negotiations for obtaining financing for and the reorganization of Basler Turbo Conversion, Inc., Innovair Aviation Ltd., and certain portions of Basler Flight Services, Inc. (9 pages) DX 86 IS NOW JX 28 Deleted. DX 88 IS NOW JX 29 October 30, 1990, Basler Flight Service, Inc. fax, from Tom Weigt, to Board Issue, attaching salary proposals for review. (2 pages) November 15, 1990, US Holdings letter, from Harry Eastlick, to Warren Basler, Bryan Carmichael, and Barry Wilson, providing a supplement to his letter dated November 12, 1990 to clarify points from a meeting with Tim Dempsey on November 14, 1990. (2 pages) November 21, 1990, Price Waterhouse letter, from Trent Chambers, to Warren Basler, providing his advice on the reorganization and recapitalization of Basler Flight Service, Inc. requested by Mr. Basler. (3 pages) November 26, 1990, McDonald's Restaurants (Hong Kong) Limited fax, from Daniel Ng, to Barry Wilson, providing a E.H. Yap as a contact in aircraft leasing and the aviation business. (1 page) November 26, 1990, Fax from Fred Johnson to Tom Weigt, attaching a letter summarizing Mr. Johnson's discussions in Taiwan about the joint venture project. (4 pages) November 27, 1990, Letter from Harry Eastlick, to Warren Basler, Bryan Carmichael, and Barry Wilson, providing a supplement to his letters dated November 12 and 15, 1990 based on discussions between Mr. Carmichael, Mr. Dempsey, and Mr. Eastlick. (2 pages)

85.

86. 87. 88. 89.

90.

91.

92.

93.

94.

-8-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 9 of 28

95.

December 3, 1990, Basler Turbo Conversions, Inc. letter, from Tom Weigt, to Fred Johnson, Manager of Commercial Offset Programs, United Technologies/Pratt & Whitney, responding to Basler's announcement of a delay in the start up of the Taiwan joint venture company. (3 pages) December 4, 1990, Basler Flight Service, Inc. fax, from Tom Weigt, to Bryan Carmichael, attaching December 3, 1990 letter from Fred Johnson. (3 pages) December 21, 1990, Warwick Consulting Group, Inc. fax, from Tom Fraker, to Tim Dempsey, attaching a letter regarding funding of Basler Turbo Conversions. (2 pages) December 24, 1990, Basler Turbo Conversions, Inc. Inter-Office Memo, from Michael Hintze, to Tom Weigt, providing comments on the "pricing policy" section of the memo Mr. Weigt received from Mr. Carmichael. (2 pages) December 26, 1990, Basler Turbo Conversions, Inc. letter, from Warren Basler, to Gerald DuVall, U.S. Embassy in Bogota, Colombia, regarding Mr. DuVall's interest and need for Basler aircraft. (1 page) December 27, 1990, Indoswiss Ltd. fax, from Jim Eckes, to Barry Wilson, regarding the 2.5 year delay in the DC-3 Turbo conversion project. (1 page) December 31, 1990, Basler Turbo Conversions, Inc. Financial Statements and Report, December 31, 1990 and 1989. (13 pages)

96.

97.

98.

99.

100.

101.

CORRESPONDENCE AND MEMORANDA, 1991 102. 1991, Innovair Aviation/Basler Turbo Conversions, Inc., Comparisions of Offers to Purchase Interests in Innovair and Basler Turbo. (1 page) 1991, Basler Turbo Conversions, Inc. letter, from Tom Weigt, to Bryan Carmichael, regarding subjects for discussion at the meeting with James Foden and questions Mr. Carmichael's interest in this customer. (2 pages) 1991, Innovair Aviation Limited, Proposed Use of Proceeds. (3 pages) January 1, 1991, Basler DC3 Turbo Business Enterprises, Analysis and Valuation, by Madison Valuation Associates, T.F. Gunkel & Co., with Madison Valuation Associates letter, from Theodore Gunkel, President, to Joseph McCreery, President of Valley Bank dated April 10, 1991. (53 pages) January 1, 1991, Tentative Basler DC3 Turbo Enterprise Assumptions. (11 pages)

103.

104. 105.

106.

-9-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 10 of 28

107.

January 9, 1991, Indoswiss Ltd. fax, from Jim Eckes, to Barry Wilson, informing Mr. Wilson that TAS (Taiwan Aerospace) is not very interested in the Turbo-67 offset work. (1 page) DX 108 IS NOW JX 30 February 1, 1991, Letter from Barry Wilson, to Tom Weigt, providing a detailed account of what was discussed during their meeting from January 26-28th. (4 pages) February 2, 1991, Basler Flight Service, Inc. fax, from Tom Weigt, to Barry Wilson, attaching a Strallis Group International (Pty.) Ltd. letter, from KWJ Van Heerden, to Barry Wilson, regarding the failure of Strallis' proposed merger with Sandgate Group. (3 pages) February 4, 1991, Basler Turbo Conversions, Inc. fax, from Bryan Carmichael, to Don Stringham, attaching the Distribution Agreement. (2 pages) February 7, 1991, Basler Turbo Conversions, Inc. letter, from Tom Weigt, to Ray Stone, United Technologies, regarding Mr. Stone's letter from January 28, 1991 and the consolidation of BTC and Innovair. (1 page) February 11, 1991, Basler Turbo Conversions, Inc. letter, from Tom Weigt, to Barry Wilson, responding to Mr. Wilson's letter from February 1, 1991. (5 pages) February 11, 1991, Basler Turbo Conversions, Inc. letter, from Barry Wilson, to Graeme Conlyn, National Airways & Finance Corp. (Pty) Ltd., regarding their discussions about NAC representing the Turbo-67 program in optional territories. (2 pages) Deleted. DX 116 IS NOW JX 31 DX 117 IS NOW JX 32 February 22, 1991, Warwick & Company Memorandum, from Tom Fraker, to Harry Eastlick, regarding potential investors for Innovair Aviation Ltd. and Basler Turbo Conversion. (2 pages) February 26, 1991, Basler Turbo Conversions, Inc., from Tom Weigt, to Graeme Conlyn, National Aiways & Finance Corp. (PTY) Ltd., thanking Mr. Conlyn for his note regarding Basler's distributor agreement. (1 page)

108. 109.

110.

111.

112.

113.

114.

115. 116. 117. 118.

119.

-10-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 11 of 28

120. 121.

DX 120 IS NOW JX 33 February 27, 1991, Matters discussed between Tom Fraker, John Barry of Warwick, Harry Eastlick, and Bryan Carmichael on February 26, 1991. (4 pages) February 28, 1991, Basler Flight Service, Inc. Financial Statements and Report, February 28, 1991 and 1990. (14 pages) March 5, 1991, Letter from Harry Eastlick, to Bryan Carmichael and Barry Wilson, bringing forth the basis upon which Warwick Consulting Group, Inc. and US Holdings will be the financial advisors and exclusively represent Mr. Carmichael and Mr. Wilson in relation to their families investments in Innovair Aviation Limited and Basler Turbo Conversion, Inc. (11 pages) DX 124 IS NOW JX 34 Deleted. March 14, 1991, Warwick & Company letter, from Tom Fraker, to Bryan Carmichael and Barry Wilson, emphasizing Warwick's interest in remaining involved in every aspect of Mr. Carmichael and Mr. Wilson's project in addition to Harry Eastlick's involvement. (4 pages) March 18, 1991, Warwick Consulting Group, Inc. fax, from Tom Fraker, to Harry Eastlick, attaching the letter he sent to Barry Wilson and Bryan Carmichael regarding Warwick's involvement in their project. (5 pages) DX 128 IS NOW JX 35 Document omitted. March 27, 1991, Warwick Consulting Group, Inc. fax, from Harry Eastlick, to Barry Wilson, requesting he sign the attached appointment letter and send back to Warwick. (10 pages) March 27, 1991, Innovair Aviation Limited letter, from Barry Wilson, to Tom Fraker, attaching the appointment letter with his signature for the Warwick Consulting Company, Inc and US Holdings to be financial advisors and represent he and Bryan Carmichael in relationship to investments in Innovair and Basler Turbo Conversions. (2 pages)

122.

123.

124. 125. 126.

127.

128. 129. 130.

131.

-11-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 12 of 28

132.

March 28, 1991, Warwick & Company letter, from Tom Fraker, to Harry Eastlick, serving as an agreement between Warwick Consulting Group, Inc. And US Holdings relative to the search for debt and equity for Bryan Carmichael and Barry Wilson. (2 pages) DX 133 IS NOW JX 36 April 3, 1991, Memorandum, from Tom Fraker, to Bryan Carmichael, Harry Eastlick, Wm. Timothy Psrague, and John Berry, attaching the BTC Preliminary Draft. (178 pages) April 3, 1991, United Technologies Pratt & Whitney letter, from Raymond Stone, to Timothy Dempsey, Dempsey, Magnusen, Williamson & Lampe, attaching a list of open issues on the Distributor Agreement based on their February 26, 1991 telephone conversation. (4 pages) April 5, 1991, Bristol-Myers Squibb Europe fax, from Barry Wilson, to Bryan Carmichael, attaching a letter to shareholders from Tom Weigt. (2 pages) April 8, 1991. Innovair Aviation Limited memo, from Bryan Carmichael, to Tom Weigt, regarding conversion kit pricing set at $2,050,000 as of April 15, 1991. (1 page) April 11, 1991, Warwick & Company letter, from Tom Fraker, to Steve Barth, Foley & Lardner, addressing requests Mr. Barth had sent in an earlier letter. (1 page) April 11, 1991, Personal and confidential letter from Bryan Carmichael, to Warren Basler, discussing his disappointment in Mr. Basler hiring of a special counsel to represent his interests adverse to the minority shareholders of BTC. (3 pages) DX 140 IS NOW JX 37 April 12, 1991, Memorandum, from John Berry, to Ron Conquest, regarding the Turbo-67 Reorganization/Financing Transaction. (3 pages) April 13, 1991, Basler Turbo Conversions, Inc. letter, from Tom Weigt, to Bryan Carmichael, informing Mr. Carmichael that Basler Turbo Conversions, Inc. will not be raising kit prices to customers at this time as he suggested. (3 pages)

133. 134.

135.

136.

137.

138.

139.

140. 141.

142.

-12-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 13 of 28

143.

April 15, 1991, Innovair Aviation Limited letter, from Bryan Carmichael, to Tom Weigt, informing Mr. Weigt that he is neither an officer, director, employee, representative, or agent of Innovair and that he has no power or authority to act in any manner in the name of or on behalf of Innovair, including negotiations with international customers. (1 page) DX 144 IS NOW JX 38 April 18, 1991, Asian Capital Partners fax, from E. Hok Yap, to Barry Wilson and Bryan Carmichael, clarifying the respective roles of the various parties in this project and requesting the identification of the interests of the parties involved. (1 page) Deleted. April 22, 1991, Air Atlantique letter, from Colin Wright, to Tom Weigt, confirming Air Atlantique's interest in Mr. Weigt's proposal and requests answers to the questions outlined in the letter. (2 pages) DX 148 IS NOW JX 39 April 25, 1991, Basler Turbo Conversions, Inc. letter, from Tom Weigt, to Bryan Carmichael, responding to Mr. Carmichael's letters dated April 15 and 22 regarding the participation of Warren Basler and himself in the sales effort with international customers. (4 pages) April 26, 1991, Proposed Term Sheet For Sale of the Conversion Business (not reviewed or proofed by Warren and Pat Basler). (1 page) April 29, 1991, Memo from Harry Eastlick, to Barry Wilson and Bryan Carmichael, providing a summary of the meetings held in Milwaukee from April 25-27, 1991. (8 pages) April 29, 1991, Avia Marketing Consultants Inc. letter, from Richard Look, President, to Tom Weigt, regarding an article on the Basler Turbo-67 in FLIGHT International and requesting two complete sets of the technical description of your aircraft as well as its delivery price and schedule. (1 page) April 30, 1991, Basler Turbo Conversions, Inc. letter, from Tom Weigt, to Bryan Carmichael, regarding his request for a resolution of customer support issues for prospective Innovair Aviation Limited customers and emphasizing the need for immediate attention towards their customers as they are very real prospects. (2 pages)

144. 145.

146. 147.

148. 149.

150.

151.

152.

153.

-13-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 14 of 28

154.

May 1, 1991, Dakota Aircraft International, Inc. letter, from Don Stringham, to Innovair Aviation Limited, emphasizing the importance in continuing the pursuit of commercializing the BT-67 project in Poland and with other international customers despite the internal disputes occurring. (4 pages) May 2, 1991, Air Atlantique letter, from W. James Foden, Group Managing Director, to Tom Weigt, establishing further facts in addition to their discussions on the possible lease of N-96BF. (1 page) May 6, 1991, Warwick & Company, from Tom Fraker, to Barry Wilson and Bryan Carmichael, Bristol-Myers Squibb Company, regarding his trip to Chicago and to inform them that three venture funds expressed an interest in the conversion industry and their project. (1 page) May 6, 1991, Basler Turbo Conversions, Inc. letter, from Tom Weigt, to Richard Look, President of AVIA Marketing Consultants, Inc., responding to Mr. Look's inquiry regarding the conversion of DC3/C47 aircraft to the Basler Turbo-67. (1 page) May 8, 1991, Letter from Barry Wilson, to Tom Weigt, informing Mr. Weigt of his resignation as a Director of Basler Turbo Conversions and as an officer if he is one. (1 page) May 8, 1991, Basler Turbo Conversions, Inc. letter, from Tom Weigt, to Bryan Carmichael, confirming that Basler is not required to provide pilots for the Taiwan demonstration as part of their technical support requirement to Innovair. (2 pages) May 9, 1991, Fax from Fred Johnson, to Bryan Carmichael, attaching a letter regarding United Technologies' desire to remain uninvolved in the internal relationships between BTC and Innovair and would like to market and sell their product in territories granted from them. (3 pages) May 10, 1991, Memorandum from John Berry, to Joe Kelso, regarding Innovair Aviation Limited- Reorganization and Recapitalization. (4 pages) Document omitted. DX 163 IS NOW JX 40 May 13, 1991, Innovair Aviation Limited letter, from Bryan Carmichael, to Tom White, regarding Air Atlantique's interest in a wet lease of a Turbo-67 from BFS. (1 page)

155.

156.

157.

158.

159.

160.

161.

162. 163. 164.

-14-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 15 of 28

165.

May 15, 1991, Letter from Bryan Carmichael, to Tom Weigt, responding to Mr. Weigt's letter dated May 14, 1991, regarding proposed arrangements with Air Atlantique and Innovair's willingness in principle to make a concession to BFS to allow it to wet lease an aircraft to Air Atlantique. (2 pages) May 17, 1991, Memo from Harry Eastlick, to Bryan Carmichael and Barry Wilson, providing the summarized assumptions regarding their investments in May 18, 1991 Confidential Memorandum. (2 pages) May 17, 1991, Innovair Aviation Limited letter, from Bryan Carmichael, to Don Stringham, regarding the status of Dakota Aircraft International Inc.'s relationship with Innovair Aviation Limited. (1 page) May 17, 1991, Memo from Harry Eastlick, to Bryan Carmichael, regarding Innovair Aviation Limited results for y/e 1990 and accumulated deficit at December 31, 1990. (2 pages) DX 169 IS NOW JX 41 May 28, 1991, Notes from Field Aviation Meeting with Steve Wybenga on May 28, 1991. (2 pages) June 11, 1991, Innovair Aviation Limited letter, from Tim Carmichael, to Steve Wybenga, Field Aviation, to clarify on a few points discussed during Mr. Wybenga's visit. (3 pages) June 11, 1991, Innovair, Inc. letter, from Bryan Carmichael, to Tom Weigt, responding to Mr. Weigt's letter dated May 21, 1991 regarding the supply of technical information to Innovair. (3 pages) June 13, 1991, Memorandum from Tom Fraker, to Bryan Carmichael, providing a list of people who have been contacted and were sent Confidential Memorandums and summaries on the Innovair update. (2 pages) June 14, 1991, Wind Point Partners letter, from James Forrest, to Tom Fraker, regarding Warwick & Company's interest and consideration of Wind Point Partners as a potential investor in Innovair Aviation Limited, but declines the opportunity. (1 page) June 11, 1991, Radnor Venture Partners, L.P. letter, from Bob Keith, Managing Director, to Tom Fraker, regarding Warwick & Company's interest and consideration of Radnor Venture Partners, L.P. as a potential investor in AmeriMex Management Corporation, but declines the opportunity. (1 page)

166.

167.

168.

169. 170.

171.

172.

173.

174.

-15-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 16 of 28

June 12, 1991, Frontenac Company letter, from James Cowie, to Tom Fraker, regarding Warwick & Company's interest and consideration of Frontenac Company as a potential investor in Innovair Aviation Limited, but declines the opportunity. (1 page) 175. June 20, 1991, Innovair, Inc. letter, from Bryan Carmichael, to Graeme Conlyn, National Airways & Finance Corp. (Pty) Ltd., regarding their discussion of the Turbo-67 in Sub-Saharan African markets. (1 page) June 25, 1991, Fax from Warwick & Company, to Harry Eastlick, attaching Innovair Aviation Limited, Proposed Use of Proceeds. (3 pages) DX 177 IS NOW JX 42 June 29, 1991, Handwritten letter to Tim, regarding UTC Distributorship Agreement. (1 page) DX 179 IS NOW JX 43 DX 180 IS NOW JX 44 July 1, 1991, Warwick & Company letter, from Tom Fraker, to Steve Hazy, International Lease Finance Corp., regarding the funding of Innovair Aviation by either Mr. Hazy himself of the International Lease Finance Corp. (1 page) DX 182 IS NOW JX 45 July 2, 1991, US Holdings fax, attaching an Innovair Aviation Limited memo, from Bryan Carmichael, to Fred Johnson and Herb Hayes, providing a summary of what was discussed at their meeting regarding Turkey, Thailand, Possible Sale or Lease of N96BF, and Demonstration Tour. (4 pages) Deleted. DX 185 IS NOW JX 46 DX 186 IS NOW JX 47 DX 187 IS NOW JX 48 DX 188 IS NOW JX 49 DX 189 IS NOW JX 50

176.

177. 178.

179. 180. 181.

182. 183.

184. 185. 186. 187. 188. 189.

-16-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 17 of 28

190.

July 12, 1991, Innovair Aviation Limited letter, from Bryan Carmichael, to Jonathan Holst, Electrodata, providing Mr. Holst with information on Innovair as a company and what it sells/manufactures. (7 pages) DX 191 IS NOW JX 51 July 17, 1991, Reinhart, Boerner, Van Deuren, Norris & Rieselbach fax, attaching a letter from Lawrence Burnett, to Lyman Marshall, notifying Mr. Marshall that Reinhat, Boerner, Van Deuren, Norris & Rieselbach are representing Basler Turbo Conversions, Inc and Basler Flight Service in connection with litigation existing with Innovair Aviation Limited in addition to discussing Mr. Marshall's letter to Basler and Innovair dated July 9, 1991. (3 pages) DX 193 IS NOW JX 52 July 22, 1991, CFS Flight Systems (Pty) Ltd. fax, from Mervyn Eaton, Director, to Bryan Carmichael, requesting estimated manhours in order to complete the proposal to be submitted to Anglo American Corp. (2 pages) DX 195 IS NOW JX 53 July 29, 1991, US Holdings fax, from Harry Eastlick, attaching an Innovair Aviation Limited letter, from Bryan Carmichael, to Tom Fraker, notifying Mr. Fraker that it is no longer appropriate to continue Innovair's arrangement wherein Warwick and US Holdings represent us as their "financial advisors." (2 pages) July 31, 1991, United Technologies Pratt & Whitney fax, from Fred Johnson, to Bryan Carmichael, attaching a letter from Ray Stone to Lawrence Burnett, responding to a letter Mr. Burnett sent to Lyman Marshall on July 17, 1991. (3 pages) DX 198 IS NOW JX 54 August, 1991, Chronology of Events from April, 1988 through August, 1991. (9 pages) August 6, 1991, Compiled company information on Basler Turbo Conversions, Inc. for meeting with Valley Bank. (32 pages) August 8, 1991, U.S. Department of Justice letter, from Linda A. Akers, United States Attorney, District of Arizona, and Reid C. Pixler, Assistant U.S. Attorney, to Katherine M. Lunsford, Foley & Lardner, sharing her concerns in response to an affidavit Ms. Lunsford filed recounting certain conversations she had with Ms. Akers. (3 pages) -17-

191. 192.

193. 194.

195. 196.

197.

198. 199.

200.

201.

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 18 of 28

202.

August 13, 1991, Innovair Aviation Limited letter, from Tim Carmichael, to Barrie Owen, AFFRETAIR, following up on certain points that were discussed earlier during their phone conversation, including an article on Innovair in FLIGHT International. (9 pages) August 14, 1991, Letter from Bryan Carmichael, to Bob Clark, providing a tentative schedule of travel to London, Zimbabwe, and Johannesburg. (1 page) August 14, 1991, Foley & Lardner letter, from Bob Binder, to Lawrence Burnett, Reinhart, Boerner, Van Deuren, Norris & Rieselbach, regarding BTC's contact with a potential customer in Zimbabwe failing to refer the inquiry from the customer in Zimbabwe to Innovair as required. (1 page) DX 205 IS NOW JX 55 August 28, 1991, Gerald E. Kriehn letter, from Gerald Kriehn to Lawrence Burnett, responding to Mr. Burnett's letter of August 22, 1991 to Harry Eastlick regarding United States Aircraft Corporation and Basler Turbo Conversions, Inc., et. al. (2 pages) August 29, 1991, Fax from Herb Hayes, to Bryan Carmichael, notifying Mr. Carmichael that he is waiting to hear from him in regards to meeting with Asia Capital Partners. (1 page) September 1, 1991, Foreign Sale Representative Agreement between Innovair Aviation Limited and Temsa Konsult. (8 pages) September 3, 1991, Reinhart, Boerner, Van Deuren, Norris & Rieselbach letter, from Lawrence Burnett, to Bryan Carmichael and Bob Binder, regarding BTC's termination of the Technology License Agreement dated June 24, 1988. (2 pages) September 6, 1991, Foley & Lardner letter, from Katherine Lunsford, to Reid C. Pixler, Assistant U.S. Attorney, regarding United States v. Basler-Turbo-67, et al. and enclosing a draft of the assignment that Innovair proposes to make in lieu of a substitute res bond for the technology license agreement. (34 pages) September 9, 1991, U.S. Department of Justice letter, from Linda A. Akers, United States Attorney, and Reid C. Pixler, Assistant U.S. Attorney, to Katherine Lunsford, Foley & Lardner, and Tim Atkinson, Reinhart, Boerner, et al., regarding U.S.A. v. Basler Turbo-67 Conversion Dc-3 Aircraft, FAA Registration Number N8059P, et al. (2 pages) Deleted. -18-

203.

204.

205. 206.

207.

208.

209.

210.

211.

212.

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 19 of 28

213.

September 10, 1991, Chinese Air Force letter, from Lin Wen-Li, General, ROCAF Commander-in-Chief, to Lyman Marshall, Director, Industrial Cooperation and Offset Management of United Technologies Pratt & Whitney, responding to Mr. Marshall's letter dated June 13, 1991 concerning his interest in modifying the Chinese Air Force's C-47 to the Turbo-67 and informing Mr. Marshall that the Chinese Air Force is in no need for modifications at this time. (2 pages) DX 214 IS NOW JX56 September 20, 1991, Memo from Harry Eastlick, to Bryan Carmichael and Barry Wilson, providing a summary of investment in BTC/Innovair by shareholders. (3 pages) Deleted. September 30, 1991, Minutes from meeting with United Technologies on Monday, September 30, 1991. (3 pages) October 8, 1991, Young Brothers Development Co., Ltd. fax, from Lorin Young, to Herb Hayes, United Pacific Aerospace, informing Mr. Hayes that YBD will not be able to invest in the Basler Turbo Program as there is no real interest in Taiwan for this aircraft (both military and commercial). (1 page) DX 219 IS NOW JX 57 Deleted. October 25, 1991, Basler Flight Service Inc., Basler Turbo Conversions, Inc. fax, from Michael Hintze, to Reid C. Pixler, attaching requested information regarding receivables from Innovair on N95BF. (3 pages) November 14, 1991, United States District Court, District of Arizona, Stipulated Substitute Res Bond and Addendum. (14 pages) November 15, 1991, Foley & Lardner letter, from Katherine Lunsford, to Reid Pixler, Asistant U.S. Attorney, confirming their conversation on October 18, 1991 regarding the government's proposed agreement to use the welding fixture owned by United States Aircraft Corporation and the technology license agreement. (4 pages) DX 224 IS NOW JX 58

214. 215.

216. 217.

218.

219. 220. 221.

222.

223.

224.

-19-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 20 of 28

225.

December 31, 1991, Basler Turbo Conversions, Inc. Balance Sheet from December 31, 1988 through December 31, 1991. (16 pages)

CORRESPONDENCE AND MEMORANDA, 1992 226. January 7, 1992, United States District Court, District of Arizona, Motion to Approve Substitute Res Bond and Addendum. (20 pages) January 8, 1992, Letter from Reid Pixler, to Katherine Lunsford, responding to Ms. Lunsford's letter dated November 15, 1991 and clarifying her recollection of their conversation on October 18, 1991 regarding the one technology license agreement. (4 pages) DX 228 IS NOW JX 59 Deleted. Deleted. DX 231 IS NOW JX 60 DX 232 IS NOW JX 61 December 31, 1992, Basler Turbo Conversions, Inc. Financial Statements from 1991 through December 31, 1992. (12 pages)

227.

228. 229. 230. 231. 232. 233.

MISCELLANEOUS DOCUMENTS, 1993 234. March 24, 1993, Turbo DC-3 Summary, w/ handwritten notation from Fred [Johnson] to L.W. Marshall (3 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) DX 236 IS NOW JX 62

235.

236.

MISCELLANEOUS DOCUMENTS, 1997 237. April 3, 1997, Innovair Aviation Limited Audited Financial Statements For 7 Years From January 1, 1990 to December 31, 1996. (137 pages) -20-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 21 of 28

COURT DOCUMENTS, 1991-2001 238. April 30, 1991, State of Wisconsin, Circuit Court, Winnebago County, Complaint for Declaratory Judgment and Supplemental Relief, Case No. 91-CV-552. (5 pages) May 6, 1991, United States District Court, Eastern District of Wisconsin, Answer and Counterclaim, Case No. 91-C-480. (15 pages) May 13, 1991, United States District Court, Eastern District of Wisconsin, Complaint, Case No. 91-C-496. (12 pages) Undated, United States District Court, Eastern District of Wisconsin, Amendment to Complaint, Case No. 91-C-496. (2 pages) May 30, 1991, United States District Court, Eastern District of Wisconsin, Plaintiff's Reply to Defendants' Counterclaim and Affirmative Defenses, Case No. 91-C-480. (5 pages) May 30, 1991, United States District Court, Eastern District of Wisconsin, Defendants' Answer and Affirmative Defenses, Case No. 91-C-496. (6 pages) September 24, 1991, United States District Court, Eastern District of Wisconsin, Answer to Amendment to Complaint and Counterclaims, Case No. 91-C-496. (7 pages) November 7, 1991, State of Wisconsin, Circuit Court, Winnebago County, Amended Complaint, Case No. 91-CV-1067. (29 pages) January 29, 1992, United States District Court, District of Arizona, Objections of Claimants Innovair Aviation Limited and Bryan R. Carmichael to Proposed Stipulated Substitute Res Bond, Case No. CIV-90-1827-RCB. (5 pages) DX 247 IS NOW JX 63 & JX 64 May 22, 1992, United States District Court, District of Arizona, Order, Case No. CIV 90-1827 PHX RCB. (25 pages) September 24, 1993, United States District Court, Eastern District of Wisconsin, Judgment, Case No. 91-C-496. (5 pages) September 23, 1998, United States District Court, District of Arizona, Findings of Fact, Conclusions of Law and Order. (80 pages) -21-

239.

240.

241.

242.

243.

244.

245.

246.

247. 248.

249.

250.

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 22 of 28

251.

October 4, 1999, United States District Court, District of Arizona, Order, Case No. CIV 90-1827 PHX RCB. (34 pages) May 1, 2001, United States District Court, District of Arizona, Judgment on Remand, issued by Robert C. Bloomfield. (6 pages)

252.

UNDATED DOCUMENTS 253. File contents regarding to Basler Turbo Conversions, Inc. belonging to Tom Fraker of Warwick & Company, IAL 06856 - IAL 06916. (61 pages) BTC Financials and Investment Notes, IAL 07013 - IAL 07057. (45 pages) Conversion in South Africa, Cost of Innovair On-Site Supervision, C000291. (1 page) Risks, regarding IAC, C001377. (1 page) Basler Turbo Conversions, Inc., Program to Convert DC3/C47 Aircraft to Turbo67 Power. (17 pages) Fax from Barry Wilson, to Bryan Carmichael, attaching an article on Casa 212's as the BTC DC-3 proposal will compete with Zimbabwe's existing Casa 212's. (5 pages) Proposed Term Sheet For Sale of the Conversion Business (not reviewed or proofed by Warren or Pat Basler). (2 pages) Project Prospects for Innovair, IAL 06568 - IAL 06580. (13 pages) Basler Turbo/Innovair Aviation, Per Kit Assumption Data, For Warwick Use Only, IAL 07648. (1 page) Agreements Folder, IAL 07547 - IAL 07551. (5 pages) DX 263 IS NOW JX 65 Photos, Arizona Trial Exhibits 138, 150, 151. (6 pages) The Taiwan Joint Venture, Deposition Exhibit 14. (9 pages)

254. 255.

256. 257.

258.

259.

260. 261.

262. 263. 264. 265.

-22-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 23 of 28

FINANCIAL DOCUMENTS 266. 267. 268. DX 266 IS NOW JX 67 DX 267 IS NOW JX 68 January 22, 1990, Deloitte & Touche letter, from David T. Thompson, Partner, to Bryan Carmichael, providing a basic understanding of Mr. Carmichael's business and his requirements in addition to a list by Mr. Thompson of the services that could be rendered to meet these requirements. (6 pages) February 14, 1990, Deloitte & Touche memo, from David T. Thompson, to File, providing a summary of what has been happening with Basler Turbo Conversions up to date. (2 pages) March 2, 1990, Deloitte & Touch letter, from David T. Thompson, to Bryan Carmichael and Barry Wilson, informing Mr. Carmichael and Mr. Wilson that Deloitte & Touche will be able to help them in the compilation of projected financial statements for Basler Turbo Conversions, Inc. and Innovair Aviation Ltd. (4 pages) May 16, 1990, Innovair Aviation Limited letter, from Bryan Carmichael and Barry Wilson, to Deloitte & Touche, providing a list of representations. (1 page) May 24, 1990, Summary Memorandum, from Najmuddin Allana, to Basler Turbo Conversions, Inc./Innovair Aviation Ltd.'s files, regarding Deloitte & Touche's compilation of the requested documents by Mr. Carmichael and Mr. Wilson. (5 pages) June 3, 1990, Handwritten item notations for Basler Turbo Converisons. (6 pages) Document omitted. July 5, 2007, FedEx Fourth Quarter Earning Releases. (8 pages) Various dates from 1988-1994, BTC/Innovair, Sales and Cogs. (44 pages) Various dates 1990-1994, Basler- Notes and Meetings. (61 pages)

269.

270.

271.

272.

273. 274. 275. 276. 277.

AVIATION DOCUMENTS AND ARTICLES 278. 279. DX 278 IS NOW JX 69 DX 279 IS NOW JX 70 -23-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 24 of 28

280. 281. 282. 283. 284. 285. 286.

Basler Turbo-67 Pamphlet (III). (38 pages) DX 281 IS NOW JX 71 DX 282 IS NOW JX 72 DX 283 IS NOW JX 73 Concept of Turboprop DC3/C47 Modernization. (74 pages) DX 285 IS NOW JX 74 April 24, 1991, Article titled "New Props for Old, Basler Turbo-67 Flight Test" from FLIGHT International. (12 pages) United Technologies Pratt & Whitney Canada Pamphlet on Basler Turbo Conversions Inc. DC-3. (37 pages) December 13, 1989, FLIGHT International article, "World Airliner CensusMcDonnell Douglas DC-3/C-47 Dakota". (3 pages) Articles from 1990 FLIGHT International magazines discovered through a search on Lexis-Nexis using the terms "airlines, census". (232 pages) Article from 1990 FLIGHT International magazines discovered through a search on Lexis-Nexis using the term "DC-3". (3 pages) Articles from 1991 FLIGHT International magazines discovered through a search on Lexis-Nexis using the terms "airlines, census". (64 pages) Articles from 1992 FLIGHT International magazines discovered through a search on Lexis-Nexis using the terms "airlines, census". (139 pages) Article titled, "World Airliner Census," from FLIGHT International dated December 1-7, 1993. (24 pages) Article from 1993 FLIGHT International magazines discovered through a search on Lexis-Nexis using the term "DC-3". (6 pages) Article titled, "World Airliner Census," from FLIGHT International dated August 30- September 5, 1995. (18 pages)

287.

288.

289.

290.

291.

292.

293.

294.

295.

-24-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 25 of 28

296.

Articles from 1996 FLIGHT International magazines discovered through a search on Lexis-Nexis using the terms "airlines, census". (165 pages) Article titled, "FedEx launches Ayres Loadmaster," from FLIGHT International dated November 27, 1996. (2 pages) Article titled, "NBAA `96: Business Aviation Has Bright Future," from Flug Revue Online dated January 1997. (3 pages) Article titled, "World Airliner Census," from FLIGHT International dated October 15-18, 1997. (20 pages) Article titled, "World Airliner Census," from FLIGHT International dated November 18-24, 1998. (24 pages) Article titled, "World Airliner Census," from FLIGHT International dated October 3-9, 2006. (24 pages) Search results from FAA.gov Online Library with handwritten notes, dated June 14, 2007. (22 pages) Articles on the Ayres LM 200 Loadmaster, from the onlie Virtual Aviation Museum, dated July 2007. (6 pages) Selections from Airline Value Guide, undated. (19 pages) DC-3 Airline Operator History, from 1989-1994. (3 pages) DX 306 IS NOW JX 75

297.

298.

299.

300.

301.

302.

303.

304. 305. 306.

DEPOSITION TRANSCRIPTS AND TRIAL TESTIMONY 307. 308. 309. 310. 311. 312. Deleted. Deleted. Deleted. Deleted. Deleted. Deleted.

-25-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 26 of 28

313. 314. 315. 316. 317. 318. 319.

Deleted. Deleted. Deleted. Deleted. Deleted. Deleted. David T. Thompson Deposition Transcript, June 28, 2007.

CONFIDENTIAL BASLER TURBO CONVERSION DOCUMENTS 320. July 20, 2007, Basler Turbo Conversions, 1991-1998, Sales and Marketing Personnel (From Memory), CONFIDENTIAL [BASLER 000666-67] (2 pages) May 5, 2007, Basler Turbo Conversions, LLC - Converted Aircraft in Service, CONFIDENTIAL [BASLER 000668] (1 page)

321.

DEFENDANT'S EXPERT REPORTS 322. 323. 324. Expert Report of Ernest S. Arvai, The Arvai Group, Inc., July 9, 2007 (42 pages). Expert Report of Daniel P. Kaplan, Ph.D., July 9, 2007 (48 pages). Expert Report of Maurice J. Whalen, CPA, July 6, 2007 (50 pages).

Respectfully submitted,

PETER D. KEISLER Assistant Attorney General

/s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

-26-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 27 of 28

/s/ Sheryl L. Floyd SHERYL L. FLOYD Senior Trial Counsel BRIAN T. EDMUNDS Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-8278 Attorneys for Defendant OCTOBER 16, 2007

-27-

Case 1:96-cv-00408-LAS

Document 143

Filed 10/16/2007

Page 28 of 28

CERTIFICATE OF FILING I hereby certify that on this 16th day of OCTOBER, 2007, a copy of this "DEFENDANT'S REVISED TRIAL EXHIBIT LIST" was filed e1ectronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing, through the Court's system.

/s/ Sheryl L. Floyd