Free Witness List - District Court of Federal Claims - federal

Case 1:96-cv-00408-LAS

Document 124

Filed 08/31/2007

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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)

PLAINTIFF INNOVAIR AVIATION LIMITED'S WITNESS LIST Pursuant to Section 15 of Appendix A of the Rules of the Court of Federal Claims, Plaintiff Innovair Aviation Limited ("Innovair") provides this witness list identifying the witnesses, including expert witnesses, whom Plaintiff expects to call to testify at trial. 1. Bryan Carmichael

Mr. Carmichael will testify concerning his knowledge and involvement relating to: the development of the DC-3 turbo prop conversion project; the formation, ownership structure and relationship concerning Innovair Aviation Limited and Basler Turbo Conversions, Inc. ("BTC"); the negotiation and terms of the 1988 Technology License Agreement between Innovair and BTC ("TLA"); the effort to build a prototype BT-67 and acquire an FAA Multiple Supplemental Type Certificate; marketing, sales efforts and prospects for the BT-67 and for BT-67 conversion kits; Innovair's operations and business plans; the negotiation and terms of the 1991 Distributor Agreement between Innovair and United Technologies Corporation ("UTC") and the 1990 Purchase

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Case 1:96-cv-00408-LAS

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Agreement among, inter alia, Innovair, BTC, and UTC; the effect of the Defendant's seizure and transfer of the TLA to BTC; his equity investments, shareholder loans, and contribution of cash in or to Innovair and BTC; his significant management experience and his international network of business and government contacts; and other matters relating to the value of the TLA. Mr. Carmichael's testimony is expected to require approximately six to seven hours on direct. 2. Barry Wilson

Mr. Wilson will testify concerning his knowledge and involvement relating to: the development of the DC-3 turbo prop conversion project; the formation, ownership structure and relationship concerning Innovair Aviation Limited and Basler Turbo Conversions, Inc. ("BTC"); the negotiation and terms of the 1988 Technology License Agreement between Innovair and BTC ("TLA"); the effort to build a prototype BT-67 and acquire an FAA Multiple Supplemental Type Certificate; marketing, sales efforts and prospects for the BT-67 and for BT-67 conversion kits; Innovair's operations and business plans; the negotiation and terms of the 1991 Distributor Agreement between Innovair and United Technologies Corporation ("UTC") and the 1990 Purchase Agreement among, inter alia, Innovair, BTC, and UTC; the effect of the Defendant's seizure and transfer of the TLA; the equity investments, shareholder loans and contributions of cash to BTC to fund its operations in the late 1980s and early 1990s; his significant management experience, and his international network of business and government contacts; and other matters relating to the value of the TLA. Mr. Wilson's testimony is expected to require approximately two hours on direct.

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3.

Robert Clark

Mr. Clark will testify concerning his knowledge and involvement relating to: piloting and repairing DC-3 aircraft and BT-67 aircraft; the effort to build a prototype BT-67 and acquire an FAA Multiple Supplemental Type Certificate; the management and operations of Innovair and BTC; the conversion process and the conversion kit manufacturing process; technical, engineering and operational aspects of the DC-3 and the BT-67; the FAA's Supplemental Inspection Program and the Supplemental Inspection Document for DC-3 aircraft; demonstration tours and other marketing and sales activities concerning the BT-67. Mr. Clark's testimony is expected to require approximately three to four hours on direct. 4. Gen. Michael Carns (Ret.)

Gen. Carns will testify concerning his knowledge and involvement relating to: a prospective business relationship with Innovair stemming from his long friendship with Barry Wilson, his interest in aviation and the aircraft conversion business; and his military career, significant management experience, and his international network of business and military contacts. Gen. Carns' testimony is expected to require approximately one to two hours on direct. 5. Herb Hayes

Mr. Hayes will testify concerning his knowledge and involvement relating to: the UTC/Pratt & Whitney BT-67 distribution project, including his leadership position on the project, the company's investment in and accomplishments in the project; and UTC/Pratt

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& Whitney's network of product support specialists throughout Asia. Mr. Hayes' testimony is expected to require approximately three hours on direct. 6. Kiko Brenneisen

Mr. Brenneisen will testify concerning his knowledge and involvement relating to: the UTC/Pratt & Whitney BT-67 distribution project; his inspection of Air Asia's facilities; the training of Air Asia personnel concerning the conversion process; his FAA certifications and qualifications; and the BT-67 STC certification program. Mr. Brenneisen's testimony is expected to require approximately one to two hours on direct. 7. Fred B. Johnson

Mr. Johnson will testify concerning his knowledge and involvement relating to: the UTC/Pratt & Whitney BT-67 distribution project; UTC/Pratt & Whitney's offset obligations in Taiwan and other countries; and UTC/Pratt & Whitney's activities related to offset obligations and credits activities. Mr. Johnson's testimony is expected to require approximately one to two hours on direct. 8. Jim Eckes Mr. Eckes, a resident of Hong Kong, China, is an unavailable witness pursuant to Court of Federal Claims Rule 32(a)(3)(B). Mr. Eckes' testimony will be provided through his prior trial testimony in the 1998 trial in the District Court of Arizona between the United States and Innovair in United States v. Basler Turbo-67 Conversion DC-3 Aircraft, Civ. No. 90-1827. His testimony concerns his knowledge and involvement in marketing and sales efforts, prospects and opportunities in the Far East for the BT-67 during the relevant time period.

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9.

Arthur Cobb, Cobb & Associates, Ltd.

Mr. Cobb will testify concerning his findings and conclusions contained in his expert report about the value of the TLA. In addition, he may testify about his consideration of additional materials and testimony in connection with his opinions. Mr. Cobb's testimony is expected to require approximately five to six hours on direct. 10. Barbara Beyer, Avmark, Inc.

Ms. Beyer will testify concerning her findings and conclusions contained in her expert report about the market for turbo-prop aircraft during the relevant time period. In addition, she may testify about her consideration of additional materials and testimony in connection with her opinions. Ms. Beyer's testimony is expected to require approximately two hours on direct. Plaintiff reserves the right to call as witness any person identified on Defendant's witness list. Plaintiff reserves the right to amend this list to include any witnesses whose existence or relevance later becomes apparent. In lieu of calling the witness to testify at trial, Plaintiff reserves the right to introduce at trial the deposition or prior trial testimony of any of the witnesses listed here or any other relevant witness not designated here. Plaintiff further reserves the right to call any person as a witness for the purpose of impeachment.

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Respectfully submitted,

Of Counsel: Audrey E. Moog Christopher Bartolomucci HOGAN & HARTSON L.L.P. 555 13th Street, N.W. Washington, D.C. 20004 (202) 637-6575 Dated: August 31, 2007

s/Ty Cobb_______________ Ty Cobb HOGAN & HARTSON L.L.P. 555 13th Street, N.W. Washington, D.C. 20004 (202) 637-6575 Attorney of Record for Plaintiff Innovair Aviation Limited

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CERTIFICATE OF SERVICE I hereby certify that on this 31st day of August, 2007, I filed the foregoing Plaintiff's Witness 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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