Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA750532 Filing date: 06/06/2016 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91212312 Party Defendant SPV Coach Company, Inc. Correspondence Rebeccah Gan Address WENDEROTH LIND & PONACK LLP 1030 15TH ST NW, STE 400 East WASHINGTON, DC 20005 UNITED STATES [email protected], [email protected] Submission Testimony For Defendant Filer's Name Rebeccah Gan Filer's e-mail [email protected], [email protected], [email protected] Signature /rgan/ Date 06/06/2016 Attachments Lester Richard 050516 fullprint.pdf(517836 bytes ) LESTER RICHARD EXHIBIT47.pdf(1951613 bytes ) LESTER RICHARD EXHIBIT48.pdf(1065999 bytes ) LESTER RICHARD EXHIBIT49.pdf(948448 bytes ) LESTER RICHARD EXHIBIT50.pdf(1560308 bytes ) LESTER RICHARD EXHIBIT51.pdf(5371552 bytes ) LESTER RICHARD EXHIBIT52.pdf(3346181 bytes ) LESTER RICHARD EXHIBIT53.pdf(532166 bytes ) LESTER RICHARD EXHIBIT54.pdf(494540 bytes ) LESTER RICHARD EXHIBIT55.pdf(702918 bytes )

EXECUTIVE COACH BUILDERS, INC.,

v.

SPV COACH COMPANY, INC.

OPPOSITION NO. 91212312

APPLICANT’S TRIAL TESTIMONY DEPOSITION OF RICHARD LESTER:

CERTIFICATE OF SERVICE AND CERTIFIED TRANSCRIPT

1030 15th Street NW Suite 400 East Washington, DC 20005

May 26, 2016 Rebeccah Gan Partner 202-721-8227 (p) 202-721-8250 (f) [email protected] Daniel K. Wooten, Esquire [email protected],,. Richard L. Schnake, Esquire THE LAW FIRM OF NEALE & NEWMAN, L.L.P. PO Box 10327 Springfield, MO 65808-0327 VIA FIRST CLASS MAIL ONLY

Re: Executive Coach Builders, Inc. v. SPV Coach Company, Inc. Opposition No. 91212312 Our Ref: TM13-085/RG/02450

Dear Mr. Wooten:

Enclosed and served upon you please find the following documents:

1. Copy of transcript and exhibits from the trial testimony deposition of Richard Lester, taken by Applicant on May 5, 2016.

2. Copy of transcript and exhibits from the trial testimony deposition of Sean Myers, taken by Applicant on May 5, 2016.

Very truly yours,

WENDEROTH, LIND & PONACK, L.L.P.

Rebeccah Gan

RG/CE Enclosures

Page 1 of 3

1030 15th Street NW Suite 400 East Washington, DC 20005

CERTIFICATE OF SERVICE

I, Christopher Emond, hereby certify that on this 26th day of May 2016, a true and complete copy of the transcript and exhibits from the trial testimony deposition of Richard

Lester, taken by Applicant on May 5, 2016, has been served on Opposer’s attorneys of record,

Daniel K. Wooten, Esquire and Richard L. Schnake, Esquire, via First Class Mail (as prescribed by law), postage prepaid, addressed as follows:

Daniel K. Wooten, Esquire Richard L. Schnake, Esquire THE LAW FIRM OF NEALE & NEWMAN, L.L.P. PO Box 10327 Springfield, MO 65808-0327

By: /cpe/ Christopher Emond

Page 2 of 3

1030 15th Street NW Suite 400 East Washington, DC 20005

CERTIFICATE OF SERVICE

I, Christopher Emond, hereby certify that on this 26th day of May 2016, a true and complete copy of the transcript and exhibits from the trial testimony deposition of Sean Myers, taken by Applicant on May 5, 2016, has been served on Opposer’s attorneys of record, Daniel K.

Wooten, Esquire and Richard L. Schnake, Esquire, via First Class Mail (as prescribed by law), postage prepaid, addressed as follows:

Daniel K. Wooten, Esquire Richard L. Schnake, Esquire THE LAW FIRM OF NEALE & NEWMAN, L.L.P. PO Box 10327 Springfield, MO 65808-0327

By: /cpe/ Christopher Emond

Page 3 of 3

RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 1

·1· · · ·IN THE UNITED STATES PATENT AND TRADEMARK OFFICE · · · · · ·BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD ·2 · · · · · · · · · · · · ·______·3

·4· ·EXECUTIVE COACH BUILDERS) · · ·INC.,· · · · · · · · · ·) ·5· · · · · · · · · · · · · ·) · · · · · · · · ·Opposer,· · )Opposition No. 91212312 ·6· · · · · · · · · · · · · ·)Application Serial No. · · · · ·-vs-· · · · · · · · )· 85/794,162 ·7· · · · · · · · · · · · · ·)Filed December 4, 2012 · · ·SPV COACH COMPANY, INC.,)Mark: ARMBRUSTER STAGEWAY ·8· · · · · · · · · · · · · ·) · · · · · · · · ·Applicant.· ) ·9

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12 · · · · · · · · · ·DEPOSITION OF RICHARD LESTER 13

14· · · · · · · · · TAKEN BY MS. REBECCAH GAN

15· · · · · · · · · ON BEHALF OF THE APPLICANT

16· · · · · · · · · · · · ·MAY 5, 2016

17· · · · · · · · · · · · · 10:00 a.m.

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24· · · · · · · · · ·REPORTED BY DEBBIE HANEY · · · · · · · ·CERTIFIED COURT REPORTER (KS #1490) 25

800.211.DEPO (3376) EsquireSolutions.com RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 2

·1· · · ·IN THE UNITED STATES PATENT AND TRADEMARK OFFICE · · · · · ·BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD ·2 · · · · · · · · · · · · ·______·3

·4· ·EXECUTIVE COACH BUILDERS) · · ·INC.,· · · · · · · · · ·) ·5· · · · · · · · · · · · · ·) · · · · · · · · ·Opposer,· · )Opposition No. 91212312 ·6· · · · · · · · · · · · · ·)Application Serial No. · · · · ·-vs-· · · · · · · · )· 85/794,162 ·7· · · · · · · · · · · · · ·)Filed December 4, 2012 · · ·SPV COACH COMPANY, INC.,)Mark: ARMBRUSTER STAGEWAY ·8· · · · · · · · · · · · · ·) · · · · · · · · ·Applicant.· ) ·9

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13· · · · · ·DEPOSITION OF RICHARD LESTER, produced,

14· ·sworn and examined on behalf of the Applicant,

15· ·pursuant to Notice to Take Deposition, between the

16· ·hours of 8:00 in the forenoon and 6:00 in the

17· ·afternoon of Thursday, the 5th day of May, 2016, at

18· ·the offices of SPV Coach Company, Inc., 79 North

19· ·10th Street, Kansas City, Kansas.

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·1· · · · · · · · · ·A P P E A R A N C E S:

·2 · · ·On behalf of the Opposer: ·3· ·(Via telephone)

·4· · · ·THE LAW FIRM OF NEALE & NEWMAN, LLP · · · · ·1949 E. Sunshine Street, Ste 1-130 ·5· · · ·Springfield, Missouri 65804 · · · · ·By:· Mr. Daniel K. Wooten ·6

·7· ·On behalf of the Applicant:

·8· · · ·WENDEROTH, LLP · · · · ·1030 15th Street, NW ·9· · · ·Suite 400 East · · · · ·Washington, DC 20005 10· · · ·By:· Ms. Rebeccah Gan

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·1· · · · · · · · · · · ·I N D E X

·2

·3· ·WITNESS:· · RICHARD LESTER· · · · · · · · · PAGE

·4 · · ·Examination by Ms. Gan...... · ·5 ·5 · · ·Examination by Mr. Wooten...... 100 ·6 · · ·Examination by Ms. Gan...... 111 ·7

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·9· · · · · · · · · · · ·E X H I B I T S

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11· ·NUMBER· · · DESCRIPTION· · · · · · · · · · ·PAGE

12· · ·47· · Limo Digest September 2001...... · 64 · · · ·48· · Exit Stageway...... · 67 13· · ·49· · Limo Digest January 2013...... · 69 · · · ·50· · Article posted 6-24-13...... · 72 14· · ·51· · Article, The Comeback...... · 76 · · · ·52· · Internet posts...... · 93 15· · ·53· · Letter re Company Profile...... · 96 · · · ·54· · Letter dated 2-23-90...... · 98 16· · ·55· · Order Form...... 100

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·1· · · · · · · · · ·RICHARD LESTER, ·2· · · · · ·having first been duly sworn, was examined ·3· ·and testified as follows: ·4· · · · · · · · · · · ·EXAMINATION ·5· ·BY MS. GAN: ·6· · · · · ·Q.· Mr. Lester, could you state your full ·7· ·name for the record? ·8· · · · · ·A.· Richard Lester. ·9· · · · · ·Q.· Mr. Lester, do you understand that your 10· ·testimony today will be used in connection with a 11· ·Trademark Trial and Appeal Board proceeding before 12· ·the U.S. Patent and Trademark Office? 13· · · · · ·A.· Yes, I do. 14· · · · · ·Q.· Could you give us your address, sir? 15· · · · · ·A.· My home address? 16· · · · · ·Q.· Sure. 17· · · · · ·A.· 520 River Estates Parkway, Canton, 18· ·Georgia. 19· · · · · ·Q.· And your highest level of education, 20· ·sir? 21· · · · · ·A.· Four-year college degree. 22· · · · · ·Q.· And where is the degree from? 23· · · · · ·A.· Sam Houston State University in 24· ·Huntsville, Texas. 25· · · · · ·Q.· And what year did you graduate?

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·1· · · · · ·A.· '75. ·2· · · · · ·Q.· And what is your current job title? ·3· · · · · ·A.· Vice president. ·4· · · · · ·Q.· Vice president of which organization, ·5· ·sir? ·6· · · · · ·A.· Southwest Professional Vehicles, ·7· ·Incorporated. ·8· · · · · ·Q.· Do you have any other professional ·9· ·affiliations? 10· · · · · ·A.· No. 11· · · · · ·Q.· How long have you worked for Southwest 12· ·Professional Vehicles? 13· · · · · ·A.· Since 1982. 14· · · · · ·Q.· And where did you work before that? 15· · · · · ·A.· Before that I was with an ambulance 16· ·manufacturing company out of Arlington, Texas. 17· · · · · ·Q.· And when you started at Southwest 18· ·Professional Vehicles, was it called Southwest 19· ·Professional Vehicles? 20· · · · · ·A.· No, it was called Superior Southwest. 21· · · · · ·Q.· And where was it based? 22· · · · · ·A.· Dallas, Texas. 23· · · · · ·Q.· And what did you do for Superior 24· ·Southwest? 25· · · · · ·A.· I basically took care of all the books,

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·1· ·the accounting. ·2· · · · · ·Q.· And do you recall when Superior ·3· ·Southwest became Southwest Professional Vehicles? ·4· · · · · ·A.· In July of 1988. ·5· · · · · ·Q.· And what was your title in July of 1988? ·6· · · · · ·A.· I was one of the officers, one of the ·7· ·owners. ·8· · · · · ·Q.· And what did Southwest -- I'm sorry. ·9· ·What did Superior Southwest do?· What was their line 10· ·of business? 11· · · · · ·A.· In the beginning, they sold hearses and 12· ·limousines, fire trucks -- 13· · · · · ·Q.· And did that change -- 14· · · · · ·A.· -- ambulances. 15· · · · · ·Q.· -- when the company became Southwest 16· ·Professional Vehicles? 17· · · · · ·A.· In July of '88 we became Southwest 18· ·Professional Vehicles.· The business was for the 19· ·funeral industry; hearses and limousines. 20· · · · · ·Q.· And did you leave Southwest Professional 21· ·Vehicles at any point since 1988? 22· · · · · ·A.· Yes, I did.· I left for about sixteen to 23· ·eighteen months. 24· · · · · ·Q.· Where did you go, sir? 25· · · · · ·A.· Executive Coach Builders.

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·1· · · · · ·Q.· And I think we covered this, Southwest ·2· ·Professional Vehicles was where in the country? ·3· · · · · ·A.· Dallas, Texas. ·4· · · · · ·Q.· Dallas, Texas.· And where was Executive ·5· ·Coach Builders? ·6· · · · · ·A.· Springfield, Missouri. ·7· · · · · ·Q.· And did you move to Springfield? ·8· · · · · ·A.· No, I did not. ·9· · · · · ·Q.· So where did you work from? 10· · · · · ·A.· Out of my home. 11· · · · · ·Q.· But you would travel to Springfield, 12· ·Missouri on occasion to go to Executive Coach 13· ·Builders? 14· · · · · ·A.· Yes. 15· · · · · ·Q.· And what were you doing for Executive 16· ·Coach? 17· · · · · ·A.· Selling vehicles. 18· · · · · ·Q.· And what type of vehicles were you 19· ·selling? 20· · · · · ·A.· Armbruster Stageway. 21· · · · · ·Q.· And let's break that down a little 22· ·further.· What types of cars were you selling for 23· ·Armbruster Stageway? 24· · · · · ·A.· Limousines. 25· · · · · ·Q.· And who was the intended purchaser of

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·1· ·the limousines? ·2· · · · · ·A.· The end user. ·3· · · · · ·Q.· And who was the typical end user at that ·4· ·time in 1989? ·5· · · · · ·A.· A livery operator. ·6· · · · · ·Q.· And remind us what a livery operator is? ·7· · · · · ·A.· A limousine company. ·8· · · · · ·Q.· Were they livery operators for any ·9· ·specific industry?· Was it airport travel?· What 10· ·type of livery? 11· · · · · ·A.· VIP type service.· Not at all for the 12· ·funeral industry. 13· · · · · ·Q.· Okay.· So when you worked for Executive 14· ·Coach in 1989, you were selling limousines to the 15· ·VIP industry.· Is that a fair statement? 16· · · · · ·A.· That is correct. 17· · · · · ·Q.· And to whom did you report at Armbruster 18· ·Stageway or Executive Coach at that time? 19· · · · · ·A.· Bob Messing. 20· · · · · ·Q.· How did you come to work at Executive 21· ·Coach? 22· · · · · ·A.· Well, we went through a phase at Spirit 23· ·Southwest, Southwest Professional Vehicles, and we 24· ·had gone through a bankruptcy and I left for a while 25· ·before I came back and I went to work for them.

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·1· · · · · ·Q.· And had you known Mr. Messing prior ·2· ·to -- ·3· · · · · ·A.· Yes, I had. ·4· · · · · ·Q.· And how did you know him? ·5· · · · · ·A.· He had worked for Armbruster Stageway ·6· ·as, I believe, the vice president of sales.· He had ·7· ·been in the industry.· Maybe at that time also he ·8· ·had served a tour of duty, I guess, with maybe ·9· ·Superior Coach and Accubuilt.· He kind of floated 10· ·around amongst various manufacturers in the 11· ·industry.· I'm not sure what the timetable was but 12· ·when I left, he still floated around from various 13· ·manufacturers. 14· · · · · ·Q.· And do you know who owned Executive 15· ·Coach Builders in 1989? 16· · · · · ·A.· I don't recall. 17· · · · · ·Q.· So is it a fair statement that you have 18· ·been in the specialty car industry, the professional 19· ·car industry, since the early 1980's? 20· · · · · ·A.· It would be about 1977. 21· · · · · ·Q.· So let's go back for a second.· In 1977, 22· ·you entered the specialty car -- the professional 23· ·car industry; is that correct? 24· · · · · ·A.· When I got out of college, I went to 25· ·work for a large CPA firm which was called Pete

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·1· ·Marwick Mitchell.· It's now called KPMG.· That was ·2· ·in 1975.· I was there about a year and a half, then ·3· ·I went to work for a company that manufactured ·4· ·ambulances. ·5· · · · · ·Q.· And that was in 1977? ·6· · · · · ·A.· Thereabouts, yes. ·7· · · · · ·Q.· And then after that, did you go ·8· ·somewhere else? ·9· · · · · ·A.· Well, we acquired Superior Southwest in 10· ·February of 1982. 11· · · · · ·Q.· And Superior Southwest was selling 12· ·professional vehicles; is that right? 13· · · · · ·A.· That's correct. 14· · · · · ·Q.· And how would you define professional 15· ·vehicles? 16· · · · · ·A.· A specialty type vehicle that's for a 17· ·purpose of, you know, doing VIP work, funeral homes. 18· · · · · ·Q.· And Superior Southwest served the -- 19· ·which industry did Superior Southwest serve? 20· · · · · ·A.· The funeral industry. 21· · · · · ·Q.· And what type of cars were they selling 22· ·to the funeral industry? 23· · · · · ·A.· Hearses and six-door limousines. 24· · · · · ·Q.· And have you heard the term funeral 25· ·coach?

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·1· · · · · ·A.· Of course. ·2· · · · · ·Q.· And what is a funeral coach? ·3· · · · · ·A.· It's a hearse. ·4· · · · · ·Q.· Okay.· Just to clarify that, can you ·5· ·generally describe what a six-door limousine is? ·6· · · · · ·A.· A six-door limousine is basically taking ·7· ·a sedan, a four-door sedan, and stretching it and ·8· ·adding a middle bench seat.· A forward-facing fixed ·9· ·middle bench seat. 10· · · · · ·Q.· And when you started out in the 11· ·professional car industry in the late '70's and 12· ·early '80's, was the six-door limousine the standard 13· ·limousine for the funeral car industry? 14· · · · · ·A.· Absolutely. 15· · · · · ·Q.· And when you think about the original 16· ·manufacturer of such a vehicle, were they largely 17· ·Cadillacs? 18· · · · · ·A.· Yes, for sure.· Definitely, Cadillac has 19· ·always been the predominant vehicle. 20· · · · · ·Q.· And when you say it's always been the 21· ·predominant vehicle, does that mean in the 1990's it 22· ·was the predominant vehicle? 23· · · · · ·A.· Absolutely. 24· · · · · ·Q.· The 2000's? 25· · · · · ·A.· Absolutely.

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·1· · · · · ·Q.· And today? ·2· · · · · ·A.· And today. ·3· · · · · ·Q.· And so just to recap, you've been in ·4· ·this professional car space since 1977.· Is that ·5· ·right? ·6· · · · · ·A.· That's correct. ·7· · · · · ·Q.· And how long have you been in the ·8· ·funeral car industry specifically? ·9· · · · · ·A.· Since '82. 10· · · · · ·Q.· And when you think back to the early 11· ·'80's, I think you stated that Cadillac was the 12· ·predominant original manufacturer, what were some of 13· ·the major coach builders in the early '80's that you 14· ·encountered? 15· · · · · ·A.· Superior Coaches and S&S Coaches were 16· ·the two big ones. 17· · · · · ·Q.· And a coach builder -- just to go back 18· ·and lay more of a foundation, is a coach builder a 19· ·secondary manufacturer?· Is that right? 20· · · · · ·A.· That's correct. 21· · · · · ·Q.· So they cut and stretch a chassis from 22· ·an original manufacturer and build it out for the 23· ·funeral industry; is that accurate? 24· · · · · ·A.· After 1984, they would cut the cars. 25· ·But predominantly, 1984 and prior to that, the

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·1· ·chassis were not cut because Cadillac made a special ·2· ·chassis which was called a Series 75 chassis and it ·3· ·was long enough and made specifically for converting ·4· ·to a hearse. ·5· · · · · ·Q.· I see. ·6· · · · · ·A.· So the car was not cut.· That chassis ·7· ·was stopped being manufactured in '84 was the last ·8· ·year and after that is when you had to actually ·9· ·start cutting the cars in two, after '85. 10· · · · · ·Q.· Okay.· And when you were at Superior 11· ·Southwest, what are some of the coach builders that 12· ·you were selling? 13· · · · · ·A.· We sold Superior, we sold S&S.· That was 14· ·-- that's 95 percent of what we sold, probably 90 15· ·percent. 16· · · · · ·Q.· And did you also take used cars in on 17· ·trade and resell those? 18· · · · · ·A.· Absolutely. 19· · · · · ·Q.· And that was also true of your work at 20· ·Southwest Professional Vehicles in the '90's? 21· · · · · ·A.· Absolutely. 22· · · · · ·Q.· And in the '90's, which coach builders 23· ·were you selling? 24· · · · · ·A.· Federal Coach was probably predominant. 25· ·I'm not sure exactly what year we started selling

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·1· ·the Federals.· It was probably 1990, I would say. ·2· ·Yeah. ·3· · · · · ·Q.· And what about the 2000's? ·4· · · · · ·A.· It would be Federal Coach in 2000. ·5· · · · · ·Q.· Okay.· But you would take used cars from ·6· ·a variety of different coach builders.· Is that a ·7· ·fair statement? ·8· · · · · ·A.· We took used cars would come in on trade ·9· ·and sell a new car.· And whatever the customer 10· ·traded in, it could have been a Superior, it could 11· ·have been an S&S, it could have been another 12· ·manufacturer that was out of business at the time. 13· ·But a lot of their cars were still out there.· There 14· ·were Millimeters and other companies would start up 15· ·and build a few cars and they would be out there. 16· ·So you would take all kinds of vehicles in on trade 17· ·but still predominantly, I would say, most of them 18· ·were Superior and S&S's. 19· · · · · ·Q.· Just to clarify this, does Southwest 20· ·Professional Vehicles today have any related 21· ·companies that also sell new and used funeral cars? 22· · · · · ·A.· Not that I'm aware of, no.· We do have a 23· ·Crain MM Sales in Atlanta, Georgia.· That's where 24· ·I'm at.· Actually, in Woodstock, Georgia.· That's a 25· ·company that we acquired in December of '88, I

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·1· ·believe. ·2· · · · · ·Q.· I see.· So is this a fair statement, ·3· ·that in December of 1988, Southwest Professional ·4· ·Vehicles acquired Crain in Woodstock, Georgia? ·5· · · · · ·A.· At the time, they were Marietta Georgia ·6· ·but that's where they're physically located now, ·7· ·yes.· December of '88. ·8· · · · · ·Q.· Can you tell us what Crain is? ·9· · · · · ·A.· Crain is a distributor of new and used 10· ·hearses and limousines catering to the funeral 11· ·industry. 12· · · · · ·Q.· And in the late '80's, what types of 13· ·funeral cars was Crain selling? 14· · · · · ·A.· Predominantly Superior and S&S. 15· · · · · ·Q.· And Crain was also taking in other 16· ·funeral cars on trade; is that fair? 17· · · · · ·A.· Yes, that's correct. 18· · · · · ·Q.· And how long have you been sort of 19· ·stationed at Crain? 20· · · · · ·A.· About 25 years. 21· · · · · ·Q.· And so you've been living in Georgia 22· ·for -- 23· · · · · ·A.· That's correct. 24· · · · · ·Q.· -- about 25 years? 25· · · · · ·A.· Uh-huh.

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·1· · · · · ·Q.· And thinking back -- strike that.· Sir, ·2· ·when did you first encounter the term Armbruster or ·3· ·Armbruster Stageway? ·4· · · · · ·A.· When we were doing due diligence on the ·5· ·acquisition of Superior Southwest.· And I would say ·6· ·that was in November of '81. ·7· · · · · ·Q.· And you were doing due diligence for ·8· ·whom? ·9· · · · · ·A.· For myself and Carl Myers. 10· · · · · ·Q.· And what were you trying to assess then? 11· · · · · ·A.· We were purchasing the company. 12· · · · · ·Q.· You were purchasing Superior? 13· · · · · ·A.· Southwest. 14· · · · · ·Q.· Superior Southwest, okay.· So you became 15· ·familiar with the term Armbruster, Armbruster 16· ·Stageway in 1981; is that right? 17· · · · · ·A.· Pretty much, yes. 18· · · · · ·Q.· And what did you learn about this 19· ·company in 1981? 20· · · · · ·A.· Well, I just knew that at that point in 21· ·time they manufactured, you know, limousines. 22· ·Six-door limousines for the funeral industry and 23· ·also VIP limousines for the VIP industry. 24· · · · · ·Q.· And do you recall where they were based 25· ·in 1981?

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·1· · · · · ·A.· Fort Smith, Arkansas. ·2· · · · · ·Q.· And do you recall who owned the company ·3· ·in 1981? ·4· · · · · ·A.· Tom Earnhart. ·5· · · · · ·Q.· And it's your recollection that when you ·6· ·encountered them in 1981, they were making six-door ·7· ·limousines for the funeral industry and also stretch ·8· ·limousines for the VIP -- ·9· · · · · ·A.· That's correct. 10· · · · · ·Q.· -- industry; is that right? 11· · · · · ·A.· Yes. 12· · · · · ·Q.· And do you have an understanding of how 13· ·-- what happened to Armbruster Stageway over the 14· ·years after 1981? 15· · · · · ·A.· Well, the VIP industry was hot and heavy 16· ·for a while and then business began to slow down. 17· ·The market became very saturated with manufacturers. 18· ·In the beginning, in the early '80's, Armbruster was 19· ·the big converter.· Other people started building 20· ·cars and then as the market got saturated, the 21· ·economy changed a little bit, then the VIP business 22· ·started, you know, getting a lot weaker than what it 23· ·used to have been. 24· · · · · · · ·So what happened is Tom Earnhart sold 25· ·his company and -- let me think.· He sold it, as I

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·1· ·can recall, to Sheller-Globe and then later on, they ·2· ·sold it.· And what had happened is Armbruster more ·3· ·or less they shut it down.· They had a backlog of ·4· ·business at the time, not a lot but a little bit, ·5· ·and then Armbruster, I would assume, sold it to ·6· ·Executive Coach Builders.· And that was probably in ·7· ·late '89, I guess.· I could be wrong about my dates ·8· ·but thereabouts.· And so Armbruster Stageway in Fort ·9· ·Smith, Arkansas ceased to exist. 10· · · · · · · ·The manufacturing of the cars that they 11· ·had on order was completed in Springfield, Missouri. 12· ·That's when I went over there and started working 13· ·for them.· And I don't really think that -- they 14· ·were initially going to sell the Armbrusters but 15· ·that just died on the vine.· About a year later, it 16· ·was gone. 17· · · · · ·Q.· And this understanding of how Armbruster 18· ·came to be transferred to Executive Coach is based 19· ·on your having worked for Executive Coach in 1989 20· ·and it was your experience that somehow Armbruster 21· ·had shut down in Fort Smith and had been transferred 22· ·to Springfield before you started working for 23· ·Executive Coach in 1989? 24· · · · · ·A.· What had happened is in the beginning, 25· ·Armbruster Stageway built six-door limousines but

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·1· ·Tom Earnhart also owned Superior Coach and S&S out ·2· ·of Lima, Ohio.· At that point in time, Superior and ·3· ·S&S, they were not building six-door limousines but ·4· ·Tom Earnhart's company Armbruster Stageway was ·5· ·building six-door limousines.· So if a funeral ·6· ·director bought a hearse, he could buy Superior or ·7· ·S&S hearse if you were a distributor and then you ·8· ·would sell them an Armbruster six-door limousine. ·9· · · · · · · ·At a point in time probably right around 10· ·'83, in that area that the funeral market got a 11· ·little slow, the VIP business was doing very good so 12· ·Armbruster had a lot of business.· At that point in 13· ·time, he decided to start manufacturing six-door 14· ·limousines in Lima, Ohio and calling them Superior 15· ·six doors and S&S six doors and at that point in 16· ·time Armbruster six doors died, there were no more. 17· ·And that was in the early '80's. 18· · · · · ·Q.· So when you were doing this due 19· ·diligence in 1981, did there come a point when 20· ·Southwest Professional Vehicles started selling 21· ·Armbruster Stageway cars? 22· · · · · ·A.· Yes, we sold Armbruster Stageway cars. 23· ·That was one of the lines that Superior Southwest 24· ·had.· They had the Armbruster Stageway line of 25· ·vehicles and they also had the Superior line of

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·1· ·vehicles. ·2· · · · · ·Q.· And when did you start selling ·3· ·Armbruster Stageway cars? ·4· · · · · ·A.· They were already selling them.· So ·5· ·whenever Superior Southwest was started, I believe ·6· ·in 1977 by the previous owner, they were already ·7· ·selling Armbrusters. ·8· · · · · ·Q.· I see.· So is it a fair statement that ·9· ·Southwest Professional Vehicles predecessor in 10· ·interest was selling -- meaning Superior Southwest 11· ·-- was selling Armbruster Stageway cars since the 12· ·late '70's?· Is that right? 13· · · · · ·A.· Absolutely. 14· · · · · ·Q.· And were they a large dealer of 15· ·Armbruster Stageway cars? 16· · · · · ·A.· Absolutely.· One of the largest, yes. 17· · · · · ·Q.· And do you recall, thinking back to the 18· ·late '70's and early '80's, how those cars were 19· ·marked? 20· · · · · ·A.· I recall that they're marked, sure. 21· · · · · ·Q.· And were they marked on the exterior of 22· ·the vehicle? 23· · · · · ·A.· Absolutely. 24· · · · · ·Q.· And where were they marked on the car? 25· · · · · ·A.· They would be -- a lot of limousines

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·1· ·would be marked on the panel of the vehicles.· They ·2· ·would also be marked on the deck lid. ·3· · · · · ·Q.· And they were marked Armbruster or ·4· ·Armbruster Stageway? ·5· · · · · ·A.· Yes. ·6· · · · · ·Q.· And then you went to work for Executive ·7· ·in 1989.· Do you recall how many Armbruster cars ·8· ·Executive was producing in 1989? ·9· · · · · ·A.· Not very many.· I was there for probably 10· ·around a year, maybe less than a year, I don't 11· ·recall.· But I don't think I sold but probably 12· ·twenty cars maybe total. 13· · · · · ·Q.· And that was in 1989? 14· · · · · ·A.· '89.· Yeah, '89 to '90, early 90's. 15· · · · · ·Q.· And then you went back to Southwest 16· ·Professional Vehicles; is that correct? 17· · · · · ·A.· That's correct. 18· · · · · ·Q.· And you stated that Southwest 19· ·Professional Vehicles was one of the largest dealers 20· ·of Armbruster Stageway cars historically? 21· · · · · ·A.· That's correct. 22· · · · · ·Q.· And do you recall how many Armbruster 23· ·Stageway cars you purchased at Southwest 24· ·Professional Vehicles after 1990's? 25· · · · · ·A.· Maybe one or two.

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·1· · · · · ·Q.· And so did the supply of Armbruster ·2· ·Stageway cars just dry up?· Is that your testimony? ·3· · · · · ·A.· It just more or less was non-existent. ·4· ·They didn't market Armbruster Stageway anymore. ·5· ·There was nothing -- no product was even offered. ·6· ·It just was gone.· They never were in the funeral ·7· ·industry at all.· Whenever Executive took over ·8· ·Armbruster, all they were interested in was in the ·9· ·VIP market.· Because Armbruster Stageway had a much 10· ·better name in the VIP market really, in my opinion, 11· ·than what Executive Coach did. 12· · · · · · · ·MR. WOOTEN:· Move to strike; calls for 13· ·speculation. 14· · · · · ·A.· Well, speculation or not, that's just 15· ·the way it is. 16· · · · · ·Q.· (By Ms. Gan)· I think in your previous 17· ·testimony, sir, you stated that Armbruster Stageway 18· ·and Executive Coach had been competitors? 19· · · · · ·A.· Absolutely. 20· · · · · ·Q.· And can you just explain that a little 21· ·bit more? 22· · · · · ·A.· Well, it's like anything else.· When you 23· ·have a competitor, you have a competitor.· You know, 24· ·you go to trade shows, your competitor is across the 25· ·hall.· They were pretty fierce competitors.· You

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·1· ·know, Executive Coach was a very aggressive ·2· ·manufacturer.· They made a nice product and been ·3· ·around for a while.· I don't recall but they had ·4· ·been around for a good while, as well.· But there ·5· ·was no love lost. ·6· · · · · · · ·You know, naturally, the people -- when ·7· ·I was there, the people at Executive Coach really, ·8· ·and especially in the factory, they didn't like the ·9· ·Armbruster because all of a sudden they're building 10· ·the cars that were Armbruster Stageways that were 11· ·their competitors.· You know, maybe it's 12· ·speculation, but I'll tell you from my experience it 13· ·was pretty obvious that the thing wasn't going to go 14· ·-- last very long.· There just was no interest in 15· ·it.· Because the cars were exactly -- the VIP cars 16· ·are somewhat generic.· There was no really big 17· ·distinction between the Armbruster and Executive VIP 18· ·limousine.· You've got to bear in mind they were not 19· ·making anything at all for the funeral industry, 20· ·period. 21· · · · · ·Q.· And your experience based on your time 22· ·in Executive Coach Builders was that the company was 23· ·emphasizing the brand Executive Coach Builders at 24· ·the detriment of Armbruster Stageway? 25· · · · · ·A.· They never really did much of anything

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·1· ·at all.· I went to one trade show and I recall very ·2· ·well that we took one car out there and it was after ·3· ·-- you know, I guess Bob Messing was really pressing ·4· ·them to go to this one limousine and chauffeur show ·5· ·in Las Vegas.· And I attended, as well, and we had ·6· ·one car.· I remember Executive Coach had a ·7· ·completely different display which was really nice ·8· ·and fancy.· We were kind of like the outside child ·9· ·in the far corner. 10· · · · · · · ·I remember well because Armbruster 11· ·Stageway was the biggest company in the industry for 12· ·a long time and then all of a sudden it was gone. I 13· ·think that was probably the one and only show that 14· ·they ever attended at all marketing Armbruster 15· ·products, even for the VIP industry. 16· · · · · ·Q.· And that would have been -- did you say 17· ·Vegas? 18· · · · · ·A.· Yeah. 19· · · · · ·Q.· Do you recall the -- who was the show? 20· · · · · ·A.· It was the limousine and chauffeur show. 21· ·That had to be in, I guess, '99 maybe.· That would 22· ·be my guess. 23· · · · · ·Q.· I'm sorry, in 1999 or 1989? 24· · · · · ·A.· 89.· I'm sorry, '89. 25· · · · · ·Q.· So you attended a trade show in 1989?

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·1· · · · · ·A.· That's correct. ·2· · · · · ·Q.· On behalf of Armbruster Stageway ·3· ·operating out of Executive Coach? ·4· · · · · ·A.· That's exactly right. ·5· · · · · ·Q.· Let's talk a bit about -- ·6· · · · · ·A.· We displayed one VIP limousine. ·7· · · · · ·Q.· So in terms of trade shows, when did you ·8· ·start attending trade shows in either the VIP or the ·9· ·funeral car industry? 10· · · · · ·A.· 1983 probably. 11· · · · · ·Q.· Do you recall if Armbruster Stageway 12· ·operating out of Fort Smith, Arkansas attended trade 13· ·shows in the early '80's? 14· · · · · ·A.· Yes. 15· · · · · ·Q.· And they brought Armbruster Stageway 16· ·cars? 17· · · · · ·A.· Absolutely. 18· · · · · ·Q.· Do you recall seeing the Executive Coach 19· ·Builders in the 1980's in trade shows before you 20· ·joined them? 21· · · · · ·A.· I recall seeing them at some of the VIP 22· ·shows, which I attended a few of those, not a great 23· ·deal.· But I never saw them at any of the funeral 24· ·shows at all ever. 25· · · · · ·Q.· And then your recollection is during

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·1· ·your time at Executive Coach, they attended one ·2· ·trade show where they exhibited Armbruster Stageway ·3· ·cars? ·4· · · · · ·A.· Yes. ·5· · · · · ·Q.· And then in 1990, you went back to ·6· ·Southwest Professional Vehicles; is that correct? ·7· · · · · ·A.· That's correct. ·8· · · · · ·Q.· And did you continue to attend trade ·9· ·shows in the VIP and funeral car industries? 10· · · · · ·A.· Predominantly in the funeral car 11· ·industry.· Some of the VIP shows. 12· · · · · ·Q.· And what were the VIP shows that you 13· ·attended in the early '90's? 14· · · · · ·A.· It would usually be the big limousine 15· ·show would be in Las Vegas every year. 16· · · · · ·Q.· And you went to that show annually? 17· · · · · ·A.· Occasionally.· Not every year, no. 18· · · · · ·Q.· Not every year.· But how frequently 19· ·would you say? 20· · · · · ·A.· A good year or so ago. 21· · · · · ·Q.· And it's your testimony that after that 22· ·one trade show in 1989, you never saw any reference 23· ·to Armbruster Stageway at a trade show associated 24· ·with Executive Coach? 25· · · · · ·A.· There weren't any.

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·1· · · · · ·Q.· And you did not -- having worked for ·2· ·Southwest Professional Vehicles, one of the larger ·3· ·dealers for Armbruster Stageway, you do not recall ·4· ·purchasing more than one or two Armbruster Stageway ·5· ·cars after 1990's? ·6· · · · · ·A.· There weren't any to purchase. ·7· · · · · ·Q.· What are some of the major trade ·8· ·periodicals in the funeral car industry? ·9· · · · · ·A.· The American Funeral Director, The 10· ·Director, Nomis Publications which is called Yellow 11· ·Button News.· And then you had your regional 12· ·publications like the Southern Funeral Director. 13· · · · · ·Q.· And what are some of the trade 14· ·periodicals in the limousine or VIP space generally? 15· · · · · ·A.· One would be the Limousine Digest. I 16· ·haven't really looked at them in a long time. I 17· ·don't really pay much attention to that industry 18· ·anymore. 19· · · · · ·Q.· But going back to the 1980's, did you 20· ·review -- did you read and review trade periodicals 21· ·in the funeral car industry and also in the 22· ·limousine industry? 23· · · · · ·A.· Of course.· We got all the publications 24· ·would come to the office and you would, you know, 25· ·glance through them and read some articles, some

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·1· ·things would catch your attention.· So I saw pretty ·2· ·much every one of them. ·3· · · · · ·Q.· Thinking back to the early 1990's and ·4· ·the 1990's as a decade, did you see any reference in ·5· ·either the trade periodicals for the funeral car ·6· ·industry or to the VIP industry in the '90's to ·7· ·Armbruster Stageway in connection with Executive ·8· ·Coach Builders? ·9· · · · · ·A.· Never. 10· · · · · ·Q.· Thinking back to the trade shows that 11· ·you attended in the 1990's, I think you stated that 12· ·you attended the -- is it the LCT show? 13· · · · · ·A.· Uh-huh. 14· · · · · ·Q.· In Las Vegas every other year or so, did 15· ·you see any references at trade shows to Armbruster 16· ·Stageway associated with Executive Coach Builders? 17· · · · · ·A.· There weren't any. 18· · · · · ·Q.· And then what about in the 2000's? 19· · · · · ·A.· I haven't seen one since. 20· · · · · ·Q.· You haven't seen a car? 21· · · · · ·A.· I haven't seen a car or advertisement or 22· ·anything for Armbruster Stageway. 23· · · · · ·Q.· And do you recall encountering Executive 24· ·Coach Builders at any of these shows since you 25· ·worked there in 1989?· If you think to your trade

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·1· ·show attendance in the 1990's, did you encounter ·2· ·Executive Coach Builders at these shows? ·3· · · · · ·A.· Executive Coach Builders was active with ·4· ·the limousine industry.· So I wouldn't say I had ·5· ·encountered them.· I know they were there.· I passed ·6· ·by and seen their displays but it was of no interest ·7· ·to me really because we weren't in the VIP market. ·8· · · · · ·Q.· But when you went to these VIP shows and ·9· ·you passed by their displays, you did look at their 10· ·displays in the '90's? 11· · · · · ·A.· In passing, yes. 12· · · · · ·Q.· And you did not see any reference to 13· ·Armbruster Stageway on the signage, on the banners? 14· · · · · ·A.· Never has been. 15· · · · · ·Q.· As part of your work at Superior 16· ·Southwest and Southwest Professional Vehicles, did 17· ·you personally inspect cars that were taken in on 18· ·trade? 19· · · · · ·A.· Absolutely. 20· · · · · ·Q.· And is it your testimony that looking at 21· ·the 1990's you took very few, if any, Armbruster 22· ·Stageway cars in on trade? 23· · · · · ·A.· Only Armbruster cars we've taken on 24· ·trade were cars that were built when Armbruster was 25· ·in operation and in Fort Smith, Arkansas that were

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·1· ·manufactured prior to the company being sold to ·2· ·Executive Coach.· I've never seen one at all. ·3· · · · · ·Q.· So they would have been cars, if you did ·4· ·take them on trade, that were manufactured by before ·5· ·1989? ·6· · · · · ·A.· Absolutely. ·7· · · · · ·Q.· And do you know roughly, if you think ·8· ·back to when you rejoined Southwest Professional ·9· ·Vehicles in 1990, how many new cars they were 10· ·selling a year? 11· · · · · ·A.· How many who was selling? 12· · · · · ·Q.· That Southwest Professional Vehicles was 13· ·selling? 14· · · · · ·A.· Including Crain, I would say probably -- 15· ·new cars or new and used? 16· · · · · ·Q.· New cars? 17· · · · · ·A.· I'd say two and a quarter, maybe 250. 18· · · · · ·Q.· What about used cars? 19· · · · · ·A.· About the same. 20· · · · · ·Q.· So roughly about five hundred cars a 21· ·year? 22· · · · · ·A.· That would be my guess. 23· · · · · ·Q.· And how many trades would you say that 24· ·you took in during that time? 25· · · · · ·A.· About the same.

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·1· · · · · ·Q.· And it's your testimony that you did not ·2· ·take any Armbruster Stageway cars that were produced ·3· ·by Executive Coach Builders in on trade? ·4· · · · · ·A.· No, we did not. ·5· · · · · ·Q.· Going back a second to your testimony ·6· ·connected to six-door limousines, is that six-door ·7· ·configuration still the standard configuration for ·8· ·funeral limousines? ·9· · · · · ·A.· Absolutely. 10· · · · · ·Q.· And that was true in the 2000's and the 11· ·1990's and the 1980's and before that? 12· · · · · ·A.· That's correct. 13· · · · · ·Q.· And your testimony is that historically, 14· ·those limousines for the funeral car industry were 15· ·predominantly Cadillacs? 16· · · · · ·A.· That's correct. 17· · · · · ·Q.· And are you familiar with the most 18· ·prevalent type of limousine for the VIP limo market? 19· · · · · ·A.· What it is today, I really couldn't tell 20· ·you what the most prevalent is because they make the 21· ·limousines on Lincolns, Hummers, various vehicles. 22· · · · · ·Q.· Do you see a lot of six-door limousines 23· ·in the VIP market? 24· · · · · ·A.· No. 25· · · · · ·Q.· Are there four and five-door limousines

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·1· ·within the funeral market? ·2· · · · · ·A.· No.· Occasionally you would might would ·3· ·have -- a funeral director would sometimes get the ·4· ·idea that, you know, if I have a car that is maybe a ·5· ·five door since I use my limousine for funerals here ·6· ·today, maybe I can get a car that's multipurpose and ·7· ·I can use it in the evenings for VIP work.· That was ·8· ·something, a concept, that came about some years ago ·9· ·and they came up with what they called a 24-hour 10· ·car.· And it was basically a six-door limousine -- 11· · · · · ·Q.· Uh-huh? 12· · · · · ·A.· -- that had a reversible center seat. 13· ·So the center seat that would be forward facing -- a 14· ·fixed, forward-facing center seat for a six door for 15· ·the funeral industry, it was reversible.· So the 16· ·back would become the front and the front would 17· ·become the back.· So if you flip the seat, the 18· ·middle seat would be rear facing, which is along the 19· ·same design of a VIP. 20· · · · · · · ·And the car would also have a partition 21· ·in it so during the day, he could flip the seat back 22· ·the other way, let the partition down, and it looked 23· ·more like a straight six-door limousine.· But the 24· ·car was stretched a little bit longer to accommodate 25· ·the partition but not as long as what the super

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·1· ·stretches were. ·2· · · · · · · ·When you think of a limousine, you think ·3· ·of maybe a 100-inch stretch back in those days. ·4· ·These cars were a maximum of 70 inches.· And they ·5· ·made that 24-hour car and then later, on the five ·6· ·door came into existence, which is basically a ·7· ·stretch vehicle that had another door on the ·8· ·passenger side for curb access.· And every now and ·9· ·again, you see one in the funeral industry but 10· ·they're just not very popular. 11· · · · · ·Q.· So the five door is not very popular? 12· · · · · ·A.· Not for the funeral industry, no. 13· · · · · ·Q.· At Southwest Professional Vehicles, are 14· ·you --· who are you selling primarily to? 15· · · · · ·A.· Our end user? 16· · · · · ·Q.· Yeah, who is your end user? 17· · · · · ·A.· Funeral homes. 18· · · · · ·Q.· And do you also sell to livery 19· ·companies? 20· · · · · ·A.· Not very often, no. 21· · · · · ·Q.· Are there livery companies that are 22· ·specific to the funeral industry? 23· · · · · ·A.· Sure. 24· · · · · ·Q.· Is that common that there are livery 25· ·operators that solely deal with the funeral car

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·1· ·industry? ·2· · · · · ·A.· I think to some extent, yes. ·3· · · · · ·Q.· And that was historically true, that you ·4· ·had livery companies just for the funeral car ·5· ·industry? ·6· · · · · ·A.· Well, I think it would cross the line a ·7· ·little bit.· But you know, the main focus of our ·8· ·business would be for the funeral industry.· You ·9· ·know, just like Shawn's Acme Livery here in Kansas 10· ·City, it focuses on funeral homes.· I don't think 11· ·they do any livery work at all.· And that's a 12· ·company that has been around for 75 years.· It's 13· ·always been catered to the funeral homes. 14· · · · · ·Q.· When you think about limousines for the 15· ·funeral industry and limousines for the VIP 16· ·industry, what are some of the key characteristics 17· ·that differentiate the two, if there are? 18· · · · · ·A.· In terms of the appearance you mean? 19· · · · · ·Q.· Yes. 20· · · · · ·A.· Well, the car that would be 21· ·traditionally for the VIP market would be a longer 22· ·car.· It would typically have a stretch section, 23· ·which we call the B-post which is that section of 24· ·the car directly behind the front door, and there's 25· ·a stretch section there and it could be, you know,

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·1· ·ten inches, eighteen inches, whatever the stretch ·2· ·the car might be right there, and it would have ·3· ·additional opera lights on it right there and the ·4· ·car just has a completely different look because ·5· ·there would not be any middle doors on the car.· You ·6· ·just have a long stretch section.· It's a four door; ·7· ·two doors in the front, two doors in the back. ·8· ·That's what I think of when I think of a VIP ·9· ·limousine. 10· · · · · ·Q.· What about on the interior of the car? 11· ·Are there any differences between -- 12· · · · · ·A.· Much different.· I mean a VIP limousine 13· ·is going to have a TV, a bar, places for ice and 14· ·bottle storage, you know, sunroof in the back.· All 15· ·the whistles and bells when you think of a party 16· ·car. 17· · · · · ·Q.· So the limousine for the funeral car 18· ·industry is a more conservative limousine? 19· · · · · ·A.· All it has is three forward-facing 20· ·seats, which is the front seat, the middle seat, and 21· ·the rear seat.· There is no partition.· You do have 22· ·a rear air conditioner, but that is controlled by 23· ·the driver of the car.· In a VIP car, everything is 24· ·controlled in the back.· The passengers can control 25· ·the TV, their own separate stereo, and all of those

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·1· ·items, so it's like a separate compartment.· But the ·2· ·six-door limousine is a completely open vehicle. ·3· · · · · ·Q.· Have you heard of the term Cadillac ·4· ·Master Coachbuilder or the CMC? ·5· · · · · ·A.· Sure. ·6· · · · · ·Q.· And what is that, sir? ·7· · · · · ·A.· Well, that's what Cadillac has.· Because ·8· ·if you're going to take and stretch a Cadillac, then ·9· ·you have to comply with the Cadillac standards.· You 10· ·know, you have to go through their program.· They 11· ·monitor all the aspects of your manufacturing. 12· ·You've got certain ways that you must do things 13· ·according to their rule book and once you pass the 14· ·grade, then they let you into the program, which 15· ·means that you can buy either the B9Q chassis or the 16· ·V4U chassis, which are chassis that Cadillac has 17· ·that the design specifically can be made one is for 18· ·a hearse and one is for a limousine. 19· · · · · · · ·Those are the chassis that you would 20· ·start with.· Because you don't go out and buy a 21· ·regular Cadillac XTS and stretch it.· You could if 22· ·you were an individual and wanted to do that but if 23· ·you're in a CMC program and you get those special 24· ·chassis, you're restricted from doing that.· They 25· ·won't allow you to do that.

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·1· · · · · ·Q.· What's so special about the chassis?· Is ·2· ·it a heavier-duty chassis? ·3· · · · · ·A.· It's a heavier-duty chassis.· The ·4· ·suspension is a little heavier duty.· For example, ·5· ·the B9Q chassis which is designed for the hearse, ·6· ·when that vehicle comes in, it looks like an XTS ·7· ·Cadillac.· Big difference, though, it does not have ·8· ·a deck lid, it does not have back doors on it, it ·9· ·does not have a headliner, does not have a backseat. 10· ·And there are other structural components that 11· ·Cadillac furnishes that need to be put in place in a 12· ·car for support that Cadillac engineering has come 13· ·up with. 14· · · · · · · ·And on their limousine, which is the V4U 15· ·chassis, it's designed to be stretched into a longer 16· ·limousine.· One of the chief things is that the 17· ·wiring harness is much longer so it's rolled up in 18· ·the car, which eliminates the old days people could 19· ·cut the harness and start splicing it.· Cadillac is 20· ·very particular on what you can and can't do.· So 21· ·you've really got to start with those chassis. 22· ·Those chassis also have concessions to the 23· ·manufacturer where it makes it much more affordable 24· ·to take those cars and stretch them.· You just can't 25· ·do it on a straight Cadillac.

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·1· · · · · ·Q.· Are there advantages to -- just to ·2· ·recap, is it your testimony that in order to access ·3· ·this heavy duty commercial chassis, you need to be a ·4· ·member of the CMC program? ·5· · · · · ·A.· That's the only way you can buy them. ·6· ·You can't go down to a Cadillac dealer and order ·7· ·things as an individual.· As a matter of fact, the ·8· ·Cadillac dealer cannot order one of those things for ·9· ·stock.· I mean we order those things through our 10· ·dealer but it has to be ordered from a CMC 11· ·manufacturer. 12· · · · · ·Q.· When you think back to your time at 13· ·Southwest Professional Vehicles, I think you 14· ·indicated that you were selling at one point Federal 15· ·Coach vehicles.· Is that an accurate statement? 16· · · · · ·A.· Yes, we were. 17· · · · · ·Q.· Do you recall if Federal Coach was a 18· ·member of the CMC program? 19· · · · · ·A.· Absolutely. 20· · · · · ·Q.· And they advertised that fact? 21· · · · · ·A.· Sure. 22· · · · · ·Q.· And are there advantages to -- I think 23· ·you stated your typical end user at Southwest 24· ·Professional Vehicles is a funeral home.· Are there 25· ·advantages to buying a car that was produced within

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·1· ·the CMC program? ·2· · · · · ·A.· Certainly.· You know, Cadillac has a ·3· ·program now that, you know, the Cadillac hearse is ·4· ·guaranteed for six years or a hundred thousand ·5· ·miles.· That's only available on that Cadillac ·6· ·hearse chassis which is the B9Q chassis. ·7· · · · · ·Q.· Uh-huh? ·8· · · · · ·A.· That's a big deal.· Because you know, ·9· ·funeral homes don't put a lot of miles on vehicle. 10· ·Unlike a livery operator, you know, to make money in 11· ·the livery business, that car needs to be on the 12· ·road, it needs to be putting miles on it.· That's 13· ·where you make your money.· The funeral industry, 14· ·they don't put a lot of miles on the cars so the 15· ·main thing they want is a warranty on the car for 16· ·more time rather than miles.· In the VIP industry, 17· ·Cadillac does like in three years 150,000-mile 18· ·warranty for the livery operator.· Because he's not 19· ·worried about the passage of time, he's worried 20· ·about his warranty is going to run out because of 21· ·excess miles.· So I mean that's very advantageous to 22· ·not only the funeral industry but also to the VIP 23· ·market. 24· · · · · ·Q.· So if you were a funeral operator -- 25· ·based on your experience in the industry and selling

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·1· ·cars from the CMC program, if you were a funeral ·2· ·operator buying a car that was not in the CMC ·3· ·program, what is your understanding of the warranty ·4· ·that Cadillac makes on a car that is produced -- ·5· · · · · · · ·MR. WOOTEN:· Objection; calls for ·6· ·speculation. ·7· · · · · ·Q.· (By Ms. Gan)· Go ahead and answer if you ·8· ·can. ·9· · · · · ·A.· No offense, but it's really not 10· ·speculation.· You know, what happens is if you 11· ·manufacture a car and it's not -- if you yourself go 12· ·out and buy a Cadillac XTS and you can hire somebody 13· ·to cut it in two for you, you can do that, it's no 14· ·problem.· And if something happens to that car and 15· ·you take it in to Cadillac, Cadillac will warranty 16· ·the car for you unless it can be demonstrated that 17· ·whatever was done to that vehicle, whoever it was 18· ·that converted it caused the problem.· Because 19· ·there's still an implied warranty because it's a 20· ·Cadillac, you know. 21· · · · · · · ·That happened a great deal and that came 22· ·about back in the van business when a lot of custom 23· ·vans were out there.· You would have Cadillac 24· ·dealers selling Ford custom vans back in the '70's. 25· ·So you know, Cadillac stands behind their product

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·1· ·just like Ford stands behind their product but they ·2· ·don't want you to cut -- like an Escalade, you're ·3· ·not supposed to do that if you're CMC.· If you cut ·4· ·an Escalade, you're CMC, you'll lose your CMC ·5· ·license because they don't want them stretched. ·6· · · · · ·Q.· And when you think about coach builders ·7· ·in the funeral car space, are the majority of them ·8· ·members of the CMC, based on your experience? ·9· · · · · ·A.· Of course. 10· · · · · ·Q.· And going back to your time at Executive 11· ·Coach Builders, when you worked for them in 1989, 12· ·they were not making funeral cars.· Is that an 13· ·accurate statement? 14· · · · · ·A.· Who is that now? 15· · · · · ·Q.· When you worked for Executive Coach in 16· ·1989, Executive Coach was not making funeral cars? 17· · · · · ·A.· Never that I know of. 18· · · · · ·Q.· Okay.· And then when you worked for 19· ·Southwest Professional Vehicles in the 1990's, it's 20· ·your testimony that at the trade shows that you 21· ·attended, the trade periodicals that you've read and 22· ·reviewed, you did not see reference to Executive 23· ·Coach in connection with funeral cars; is that 24· ·right? 25· · · · · ·A.· Never.

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·1· · · · · ·Q.· And did there come a point in time when ·2· ·you did see Executive Coach in the funeral car ·3· ·space? ·4· · · · · ·A.· Well, in the last couple shows I went to ·5· ·they were there because they do a conversion on the ·6· ·Sprinter and they've been there.· So the Sprinter's, ·7· ·I guess, like a little bus.· But other than that, ·8· ·that's it.· I've never seen a funeral product like a ·9· ·hearse or a limousine. 10· · · · · ·Q.· Is it a fair statement that the first 11· ·time you saw Executive Coach at a funeral car trade 12· ·show was roughly around 2014? 13· · · · · ·A.· Absolutely, yeah. 14· · · · · ·Q.· And you've seen them on one or two 15· ·occasions since 2014? 16· · · · · ·A.· I think maybe twice. 17· · · · · ·Q.· And it was in connection with a 18· ·Mercedes-Benz Sprinter? 19· · · · · ·A.· That's all I recall seeing. 20· · · · · ·Q.· You don't recall seeing Executive Coach 21· ·displaying six-door limousines at any funeral car 22· ·shows before -- ever do you recall? 23· · · · · ·A.· Ever.· Never. 24· · · · · ·Q.· And when you would go to the limousine 25· ·show in Las Vegas, I think you testified every other

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·1· ·year since the '80's, you don't recall Executive ·2· ·Coach displaying any six-door limousines at those ·3· ·shows? ·4· · · · · ·A.· They never did. ·5· · · · · ·Q.· And have you seen Executive Coach ·6· ·Builders displaying hearses at any limousine or ·7· ·funeral car shows? ·8· · · · · ·A.· They've never built a hearse, to my ·9· ·knowledge.· I've never seen one. 10· · · · · ·Q.· So this Mercedes-Benz Sprinter that you 11· ·saw roughly around 2014, was that a casket vehicle 12· ·or -- 13· · · · · ·A.· Not that I'm aware of. 14· · · · · ·Q.· Okay.· Did there come a point in time 15· ·when Southwest Professional Vehicles decided to 16· ·become a coach builder? 17· · · · · ·A.· Yes. 18· · · · · ·Q.· Tell us about that? 19· · · · · ·A.· You know, we always had aspirations 20· ·maybe one day to get into manufacturing but knowing 21· ·that Cadillac was going to change, we got aggressive 22· ·when Cadillac would change starting in 2013.· We had 23· ·worked and saved and planned for the future and so 24· ·we started getting ready to start building on a 2013 25· ·Cadillac.

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·1· · · · · · · ·So we had made application for CMC ·2· ·program, we got approved, I guess it was in 2008 or ·3· ·'09, something like that we got approved.· But ·4· ·knowing Cadillac would be changing, we weren't very ·5· ·aggressive and waited to put all our efforts into ·6· ·the new 2013 Cadillac. ·7· · · · · ·Q.· So sometime, if I understand you ·8· ·correctly, around 2008 and 2009 you became a member ·9· ·of the Cadillac CMS program? 10· · · · · ·A.· That's correct. 11· · · · · ·Q.· And did you purchase these special 12· ·commercial chassis? 13· · · · · ·A.· Yes, we did. 14· · · · · ·Q.· And do you recall what model of Cadillac 15· ·that would have been? 16· · · · · ·A.· I think it was -- I don't recall if it 17· ·was DTS or DeVille.· They were 2009's. 18· · · · · ·Q.· So you purchased commercial chassis for 19· ·the Cadillac DTS? 20· · · · · ·A.· Uh-huh, correct. 21· · · · · ·Q.· And then you became aware that Cadillac 22· ·was going to change to a different model; is that 23· ·right? 24· · · · · ·A.· They were due to change then. 25· · · · · ·Q.· Do you recall when Cadillac phased the

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·1· ·DTS out? ·2· · · · · ·A.· Well, 2011 for our industry was the last ·3· ·year. ·4· · · · · ·Q.· So that was those special chassis for ·5· ·the hearse and the six door -- ·6· · · · · ·A.· That's correct. ·7· · · · · ·Q.· -- were 2011? ·8· · · · · ·A.· That's when they phased out the DTS, ·9· ·whatever it was.· 2012.· There were no 2012 Cadillac 10· ·hearses and limousines. 11· · · · · ·Q.· Meaning there were no chassis available 12· ·for purchase? 13· · · · · ·A.· That's exactly right. 14· · · · · ·Q.· But you continued to be members of the 15· ·CMC program? 16· · · · · ·A.· Absolutely. 17· · · · · ·Q.· And you continued to -- you bought some 18· ·chassis for the DTS? 19· · · · · ·A.· Sure. 20· · · · · ·Q.· And then what happened? 21· · · · · ·A.· Well, then we worked extensively for 22· ·about a year, a year and a half designing our car, a 23· ·hearse and a limousine, to get ready for launching 24· ·the 2013 XTS.· And that's exactly what we did. 25· · · · · ·Q.· And those first DTS's were branded SPV

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·1· ·Coach; is that right? ·2· · · · · ·A.· XTS or DTS? ·3· · · · · ·Q.· The first DTS's that you purchased? ·4· · · · · ·A.· Yes.· I believe so, yes. ·5· · · · · ·Q.· And you had purchased a number of ·6· ·chassis but you don't recall a specific number of ·7· ·how many? ·8· · · · · ·A.· Sean may remember.· I don't recall ·9· ·specifically.· It was not a large number, though. 10· · · · · ·Q.· And then did there come a point in time 11· ·where you decided to explore a different name -- 12· · · · · ·A.· Absolutely. 13· · · · · ·Q.· -- for the vehicle? 14· · · · · ·A.· Absolutely. 15· · · · · ·Q.· And what name did you -- 16· · · · · ·A.· It became very apparent that, you know, 17· ·we designed a good-looking car, we were proud of it, 18· ·shared some of the concept renderings with various 19· ·people.· The car was a beautiful car and it was time 20· ·to give it a name and that was in, I would say, 21· ·probably 2012. 22· · · · · ·Q.· And how did you come upon the name? 23· · · · · ·A.· I don't recall specifically.· We were 24· ·sitting around kind of brainstorming and I don't 25· ·recall how we came up with it but just knew that the

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·1· ·name had been gone for -- had died on the vine and ·2· ·somebody said how about Armbruster.· So yeah, that's ·3· ·a great idea.· It's a nice name, we'll use that. ·4· ·We're in Fort Smith, Arkansas. ·5· · · · · ·Q.· And I think you testified that there ·6· ·were no chassis available in 2012 and that you were ·7· ·making a significant capital investment in 2013 for ·8· ·the XTS.· Is that right? ·9· · · · · ·A.· Absolutely. 10· · · · · ·Q.· Now, your recollection is that you 11· ·decided on Armbruster Stageway in 2012? 12· · · · · ·A.· That's correct. 13· · · · · ·Q.· Do you have any recollection as to when 14· ·in 2012? 15· · · · · ·A.· I can go back and look at my e-mails. 16· ·Because during that time frame then I thought well, 17· ·I'll look and see if the websites and sure enough 18· ·get the domain names, and they were all available. 19· ·And then well, if we're going to do that, let's go 20· ·to Patent and Trademark Office and did it myself 21· ·personally and made application.· And then you can 22· ·get on-line and it said clearly the name was 23· ·abandoned in 1990, I believe it was. 24· · · · · · · ·So I made application and then they 25· ·assigned an attorney to the case, if I recall.· And

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·1· ·it took a time frame, it was four or five months, I ·2· ·don't recall specifically but I have e mails that ·3· ·would document all this, and then I was contacted ·4· ·and said that they did their due diligence, didn't ·5· ·see any reason at all why we couldn't be given the ·6· ·name. ·7· · · · · · · ·And so they said okay, we'll do that. ·8· ·All we got to do now is your next step is for it to ·9· ·be published and then once that happens, then unless 10· ·somebody objects, everything will go through because 11· ·we checked it all out, there's nobody else using 12· ·that name anywhere.· What all they did to do that, I 13· ·have no idea. 14· · · · · ·Q.· So let's go back to this -- 15· · · · · · · ·MR. WOOTEN:· Move to strike; hearsay. 16· · · · · ·Q.· (By Ms. Gan)· Let's go back to 2012 when 17· ·I think testified that you and Mr. Myers were 18· ·sitting around and came up with the name Armbruster. 19· ·At that point in time you already had drawings for 20· ·these cars?· Did you have drawings for what the car 21· ·would look like? 22· · · · · ·A.· Yes. 23· · · · · ·Q.· And you had a customer base for these 24· ·cars? 25· · · · · ·A.· Absolutely.

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·1· · · · · ·Q.· And had you discussed your new car with ·2· ·your customers? ·3· · · · · ·A.· Of course. ·4· · · · · ·Q.· And how did you refer to the car? ·5· · · · · ·A.· Referred to it, you know, as the hearse ·6· ·limousine we're going to be building and also ·7· ·Armbruster Stageway.· That's what we're going to ·8· ·call it.· But no big deal, it's just a normal course ·9· ·of business because everything happened -- once they 10· ·told us that we could use the name, we thought no 11· ·big deal, we'll just take off and do it that way. 12· · · · · ·Q.· So when you had these conversations in 13· ·2012 with your customers, did you take any orders 14· ·for these vehicles? 15· · · · · ·A.· Sure, we did. 16· · · · · ·Q.· Do you recall when you started taking 17· ·orders for these vehicles? 18· · · · · ·A.· In 2012. 19· · · · · ·Q.· Do you have a month roughly? 20· · · · · ·A.· Goodness gracious.· You know, probably 21· ·September. 22· · · · · ·Q.· September of 2012? 23· · · · · ·A.· October, yeah.· Absolutely. 24· · · · · ·Q.· And you recall filing a trademark 25· ·application then as the underpinning for why were

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·1· ·sitting here today -- ·2· · · · · ·A.· Yes, I do. ·3· · · · · ·Q.· -- roughly in the summer of 2012? ·4· · · · · ·A.· I did it myself personally. ·5· · · · · ·Q.· Do you recall roughly when you acquired ·6· ·the domain name Armbrusterstageway.com? ·7· · · · · ·A.· About the same week I probably made ·8· ·application for the name at the U.S. Patent and ·9· ·Trademark Office. 10· · · · · ·Q.· Not sure if you testified in this 11· ·specific deposition but you did previously.· So let 12· ·me ask you again, do you recall when SPV Coach was 13· ·founded? 14· · · · · ·A.· In July of -- SPV Coach?· No, I don't. 15· · · · · ·Q.· Okay? 16· · · · · ·A.· Sean can tell you that. 17· · · · · ·Q.· SPV Coach is a related company to 18· ·Southwest Professional Vehicles? 19· · · · · ·A.· Through common ownership, yes. 20· · · · · ·Q.· And SPV Coach is the company that 21· ·manufactures the Armbruster Stageway cars.· Is that 22· ·an accurate statement? 23· · · · · ·A.· That's correct. 24· · · · · ·Q.· And did there come a point in time after 25· ·you decided on Armbruster Stageway, and I think you

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·1· ·testified in 2012, where you started to adopt any ·2· ·signage or letterhead or -- ·3· · · · · ·A.· Absolutely.· Almost, you know, ·4· ·immediately.· I mean we started using the name in ·5· ·trade in the normal course of business.· Everything ·6· ·was Armbruster Stageway. ·7· · · · · ·Q.· And that would have been when? ·8· · · · · ·A.· It would have been in, I guess, 2012. ·9· · · · · ·Q.· Would it have been before you applied at 10· ·the trademark office in December of 2012 or was it 11· ·after? 12· · · · · ·A.· I believe it was right about that time. 13· ·It may have been a little bit after but right about 14· ·that same time frame. 15· · · · · ·Q.· And did you adopt any exterior or 16· ·interior signage, either in Georgia or at other 17· ·locations, for Southwest Professional Vehicles? 18· · · · · ·A.· Sure.· We have a sign on the building 19· ·that we had in Fort Smith -- not Fort Smith.· It was 20· ·actually a little suburb of Fort Smith and had a 21· ·sign on the building, Armbruster Stageway.· On the 22· ·office in Woodstock, Georgia, we put the sign on 23· ·that, as well.· The logo Armbruster Stageway was 24· ·added to our sign. 25· · · · · ·Q.· The Woodstock, Georgia location is

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·1· ·Crain's Professional Vehicles; is that right? ·2· · · · · ·A.· That's correct. ·3· · · · · ·Q.· Do you recall when you added the ·4· ·Armbruster Stageway signage to the Crain location? ·5· · · · · ·A.· I would say 2013 for sure. ·6· · · · · ·Q.· And you've made references to Fort Smith ·7· ·and to the suburbs of -- ·8· · · · · ·A.· Hackett, Arkansas was the suburb. ·9· · · · · ·Q.· -- Hackett, Arkansas.· Where did Hackett 10· ·or Fort Smith come in to play in the context of SPV 11· ·Coach? 12· · · · · ·A.· Well, Hackett was the location where we 13· ·leased a building to start manufacturing, which was 14· ·outside of Fort Smith.· And then now we are actually 15· ·moved to Fort Smith, Arkansas. 16· · · · · ·Q.· And when did you lease the building in 17· ·Hackett? 18· · · · · ·A.· I don't recall the specific date.· It 19· ·was in 2012. 20· · · · · ·Q.· And Hackett roughly -- roughly, opposing 21· ·counsel -- is how far from Fort Smith? 22· · · · · ·A.· Ten or twelve miles, I guess.· I'm not 23· ·sure.· Not far. 24· · · · · ·Q.· And you leased this building in 2012 to 25· ·manufacture these Armbruster Stageway cars; is that

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·1· ·right? ·2· · · · · ·A.· That's correct. ·3· · · · · ·Q.· How did you happen to Fort Smith or to ·4· ·Hackett? ·5· · · · · ·A.· You know, Armbruster Stageway was in ·6· ·Fort Smith, Arkansas in the very beginning.· And ·7· ·whenever Executive Coach acquired Armbruster ·8· ·Stageway, however that transaction happened, I don't ·9· ·recall, but when that happened none of the employees 10· ·that were working for Armbruster at that time in 11· ·terms of the plant personnel, you know, were 12· ·relocated. 13· · · · · · · ·So almost simultaneously what happened 14· ·at that point in time was Tom Earnhart, who was the 15· ·former owner of Armbruster Stageway which goes back 16· ·two or three other owners since then, he knew all of 17· ·those people were still there so they started -- a 18· ·company formed called U.S. Coach and then it became 19· ·Federal Coach, because all the people were still 20· ·there.· So I guess he was marketing the vehicles. 21· · · · · · · ·And so this Chris Witte started this 22· ·company called Federal Coach and it started building 23· ·hearses and limousines strictly pretty much for the 24· ·funeral industry.· They built some VIP's as well but 25· ·the focus of their industry was for funeral homes.

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·1· ·And we started representing their product in 1990. ·2· · · · · ·Q.· And their product meaning Federal Coach? ·3· · · · · ·A.· Federal Coach. ·4· · · · · ·Q.· Did there come a point in time when ·5· ·Federal Coach was no longer in Fort Smith or the ·6· ·environs? ·7· · · · · ·A.· Yeah, they left whenever -- Federal ·8· ·Coach was purchased by a man named, I think, J.B. ·9· ·Poindexter out of Houston, Texas, and he purchased 10· ·Federal Coach.· And then shortly thereafter, he 11· ·purchased Eagle Coach in Ohio, also a manufacturer 12· ·of hearses for the funeral industry.· They didn't 13· ·manufacture the limousine, but just the hearses, and 14· ·both companies ran independently.· One was in Fort 15· ·Smith, one was in Ohio.· And shortly thereafter, 16· ·Federal Coach shut down and all the manufacturing 17· ·was done in Ohio, as it is today.· So Federal Coach 18· ·still exists but all of their operation has been 19· ·moved to Ohio. 20· · · · · ·Q.· So the men who worked the line for 21· ·Federal Coach in Arkansas did not go to Ohio? 22· · · · · ·A.· They all lost their jobs. 23· · · · · ·Q.· And so is that why you decided to have 24· ·your manufacturing base in the Fort Smith area? 25· · · · · ·A.· Absolutely.· Because, you know, you have

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·1· ·experienced personnel there that had been in the ·2· ·industry.· You know, it was the founding place of ·3· ·Armbruster Stageway, Fort Smith, Arkansas, and you ·4· ·get good employees.· We thought what the heck.· It's ·5· ·certainly not convenient for me to be sitting here ·6· ·in Kansas City having that thing in Fort Smith, ·7· ·Arkansas, but the people were there that knew the ·8· ·product, knew the manufacturing, some of which we ·9· ·had relationships through the years because we 10· ·represented Armbruster Stageway products, Federal 11· ·Coach products. 12· · · · · · · ·A lot of those people worked for 13· ·Armbruster back before Federal Coach had them.· Some 14· ·went back many, many years.· And so that's where we 15· ·started was over there, because the source of the 16· ·people were there that wanted to go to work.· They 17· ·lost their jobs.· They liked what they did and it 18· ·worked out pretty good.· Plus, it also felt kind of 19· ·good to bring something back to life that had 20· ·been -- you know, had kind of fallen by the wayside. 21· · · · · ·Q.· Do you recall roughly when Federal Coach 22· ·moved production to Ohio year wise? 23· · · · · ·A.· My guess would be 2010 or '11. 24· · · · · ·Q.· I think you stated that before 2012 when 25· ·Cadillac -- I'm sorry.· Before 2013 when Cadillac

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 57

·1· ·introduced the XTS, SPV Coach manufactured some ·2· ·funeral cars under SPV Coach, they were badged SPV ·3· ·Coach? ·4· · · · · ·A.· That's correct. ·5· · · · · ·Q.· Can you tell me when the first car -- ·6· ·and those cars were produced -- where were those ·7· ·cars produced? ·8· · · · · ·A.· In Kansas City. ·9· · · · · ·Q.· In Kansas City.· When was the first car 10· ·produced in Fort Smith or the Fort Smith area by SPV 11· ·Coach? 12· · · · · ·A.· In 2013.· I really can't recall specific 13· ·month. 14· · · · · ·Q.· Do you recall the first -- was this -- 15· ·the car that was produced in 2013, do you recall 16· ·exhibiting that at any trade shows? 17· · · · · ·A.· There was a tri-state convention here 18· ·out of Kansas City and that was the first show that 19· ·we attended that was the first car that we built and 20· ·we built that here in Kansas City.· Even though we 21· ·had the facility already secured in Hackett, 22· ·Arkansas, the first car we built here. 23· · · · · ·Q.· I just want to be really clear.· Today 24· ·we're sitting in Kansas City, Kansas.· Is that 25· ·correct?

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 58

·1· · · · · ·A.· I think so. ·2· · · · · ·Q.· And this tri-state show was held in ·3· ·Kansas City, Missouri; is that not correct? ·4· · · · · ·A.· You got me.· One of the two.· It's all ·5· ·the same to me. ·6· · · · · ·Q.· Well, actually, it's a fine point.· But ·7· ·I think I can ask Sean about that.· So your ·8· ·recollection is that this first car that was ·9· ·produced by SPV Coach and Armbruster Stageway was 10· ·built in Arkansas or was built in -- 11· · · · · ·A.· Kansas City. 12· · · · · ·Q.· -- Kansas City?· So no part of that car 13· ·was built in -- 14· · · · · ·A.· No. 15· · · · · ·Q.· -- Arkansas?· Okay.· To your knowledge? 16· · · · · ·A.· To my knowledge, no. 17· · · · · ·Q.· And at that time, you were sitting in 18· ·Georgia? 19· · · · · ·A.· I was sitting here. 20· · · · · ·Q.· You were sitting here? 21· · · · · ·A.· I was physically here. 22· · · · · ·Q.· So just help me understand this.· The 23· ·chassis would have been delivered to Kansas City, 24· ·Kansas or -- 25· · · · · ·A.· No, the chassis -- the dealer we used at

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·1· ·that point in time I think was out of Dallas, Texas ·2· ·and so the chassis were drop shipped in to Kansas ·3· ·City. ·4· · · · · ·Q.· To Kansas City.· And then the car was ·5· ·cut and stretched in Kansas City? ·6· · · · · ·A.· That's correct. ·7· · · · · ·Q.· And then it was exhibited at this ·8· ·tri-state show? ·9· · · · · ·A.· That's correct. 10· · · · · ·Q.· And do you know roughly when that was in 11· ·2013? 12· · · · · ·A.· I don't recall the month.· I'm sorry, I 13· ·just don't. 14· · · · · ·Q.· That's fine.· And did you attend any 15· ·national trade shows in that -- in 2013 with that 16· ·car? 17· · · · · ·A.· I think we showed the car one or two 18· ·more times.· I don't recall specifically but that 19· ·was the first car we did.· But we've been showing -- 20· ·we've been attending shows ever since.· You know, 21· ·all the national shows, many of the state shows that 22· ·are in the southeast and southwest which have always 23· ·been the predominant markets for Southwest 24· ·Professional Vehicles out of Dallas, Texas and also 25· ·for Crain out of the Atlanta, Georgia area.· We were

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·1· ·showing all of those applicable state shows, which ·2· ·every state has a show pretty much. ·3· · · · · ·Q.· And after that first tri-state show in ·4· ·2013, all the cars were cut and stretched in ·5· ·Arkansas; is that correct? ·6· · · · · ·A.· That's my understanding.· I don't think ·7· ·we cut anymore over here.· Maybe we cut a few but ·8· ·all the manufacturing went to Arkansas. ·9· · · · · ·Q.· And all of those cars were badged 10· ·Armbruster Stageway; is that correct? 11· · · · · ·A.· Absolutely. 12· · · · · ·Q.· And where were they badged on the car? 13· · · · · ·A.· Well, they would -- you know, they would 14· ·be badged on the back of the car.· On the hearses 15· ·we've also got them on the side of the hearse. 16· ·They're badged in several places.· I mean any place 17· ·that's appropriate to put the name.· In the hearse 18· ·we would also badge them inside the vehicle in the 19· ·interior.· A number of places. 20· · · · · ·Q.· Are there any requirements for coach 21· ·builders or secondary manufacturers to put any 22· ·stickers inside the car saying where the car was 23· ·manufactured? 24· · · · · ·A.· Yeah, you would have to comply with the 25· ·Federal Motor Vehicle Safety Standards and you have

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 61

·1· ·to -- you know, the cars have to be, you know, ·2· ·according to Cadillad CMC program, you've got to put ·3· ·the stickers where the car was manufactured, the ·4· ·date of manufacture, you know, where you change -- ·5· ·you know, the GVW -- if the vehicle is changed. ·6· ·You've got to remember that a hearse is an ·7· ·incomplete vehicle when you get it, the hearse ·8· ·chassis.· So once you convert it, you know, the ·9· ·weight's changed.· The car is stretched, a lot of 10· ·things changed on it so those stickers have to be 11· ·inside the car. 12· · · · · ·Q.· Based on your understanding being in the 13· ·coach building business, what is required to go on 14· ·that FMVSS sticker? 15· · · · · ·A.· You've just got to state, you know, the 16· ·-- I don't recall the exact verbiage of it but it's 17· ·the required sticker must be on the car showing, you 18· ·know, what the date of manufacture, who the 19· ·manufacturer was, you know, the identification 20· ·number of that vehicle and such.· Just the same 21· ·disclosures that would have to be put on a regular 22· ·Cadillac sedan has to be put on that hearse or that 23· ·limousine. 24· · · · · ·Q.· And when you say the cars were badged 25· ·any place you could put them on the exterior and the

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·1· ·interior -- ·2· · · · · ·A.· Within reason. ·3· · · · · ·Q.· -- is it the wording in Armbruster ·4· ·Stageway? ·5· · · · · ·A.· Absolutely. ·6· · · · · ·Q.· And is there any sort of logo or design ·7· ·that goes along with that? ·8· · · · · ·A.· For example, on the funeral coach, the ·9· ·funeral coaches, most of them have the Landau bow on 10· ·them, which is kind of the little bow on the side of 11· ·the hearse.· In the center of that is a round emblem 12· ·that has the Armbruster Stageway on them and also 13· ·has the little coach, like a stagecoach emblem.· And 14· ·then we also have the Armbruster Stageway, you know, 15· ·on the side of the car, and we put something on the 16· ·back of the car, as well.· You've just got to do it 17· ·in good taste. 18· · · · · ·Q.· And how did you come up with the 19· ·stagecoach design; do you recall? 20· · · · · ·A.· It was something that Armbruster had 21· ·used for years and years, you know, so we just 22· ·adopted that, as well. 23· · · · · ·Q.· Do other coach builders use the 24· ·stagecoach? 25· · · · · ·A.· I've never seen one.

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·1· · · · · ·Q.· But would you say there are other car ·2· ·manufacturers that use images of stagecoaches? ·3· · · · · ·A.· There could be.· I don't recall any ·4· ·specifically. ·5· · · · · · · ·MS. GAN:· Daniel, I'm going to introduce ·6· ·some exhibits.· I would like to take a break and use ·7· ·the restroom and then I think I probably have 30 ·8· ·minutes.· Does that give you some sort of clue about ·9· ·working straight through? 10· · · · · · · ·MR. WOOTEN:· How long -- I'm just trying 11· ·to think. 12· · · · · · · ·(Discussion off the record.) 13· · · · · · · ·(A recess was taken.) 14· · · · · · · ·MS. GAN:· Daniel, we're looking at ECB 15· ·165. 16· · · · · · · ·MR. WOOTEN:· Rebeccah, can you just hold 17· ·on just for 60 seconds, please? 18· · · · · · · ·MS. GAN:· I sure can.· Daniel, we're 19· ·going to look first at ECB 165 through 167.· This is 20· ·a Limo Digest periodical that you produced and I'm 21· ·going to ask the witness a couple questions about 22· ·it.· Do you need us to wait for you to get it in 23· ·front of you?· We sent it to you via Dropbox. 24· · · · · · · ·MR. WOOTEN:· Will you, please?· Did you 25· ·put these in order in the Dropbox?

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·1· · · · · · · ·MS. GAN:· This would have been -- we're ·2· ·a little out of order with Sean.· This would have ·3· ·been in the first section of exhibits, would have ·4· ·been a bunch of articles, and it may be the third or ·5· ·the fourth article in.· It's a Limo Digest cover ·6· ·story that you produced. ·7· · · · · · · ·MR. WOOTEN:· It's ECB 165 through 167? ·8· · · · · · · ·MS. GAN:· That's correct. ·9· · · · · · · ·MR. WOOTEN:· I printed off all this 10· ·Dropbox stuff.· I got it. 11· · · · · · · ·MS. GAN:· I'm going to go ahead and mark 12· ·this as SPV Coach's Testimonial Exhibit 47. 13· · · · · · · ·(Exhibit No. 47 was marked for 14· ·identification.) 15· · · · · ·Q.· (By Ms. Gan)· Sir, could you just take a 16· ·second and review those three pages, 165 through 167 17· ·in the top left-hand corner, and let me know when 18· ·you finish looking at it? 19· · · · · ·A.· Do I need to read them? 20· · · · · ·Q.· You can just glance through it and tell 21· ·me when you've had a chance to look at it.· It's 22· ·just 165 through 167.· So I see that you're going a 23· ·bit further than that? 24· · · · · ·A.· I'm good. 25· · · · · ·Q.· And do you see on this first page, ECB

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 65

·1· ·165, the title Limousine Digest? ·2· · · · · ·A.· Yes. ·3· · · · · ·Q.· Are you familiar with that, sir? ·4· · · · · ·A.· Yes. ·5· · · · · ·Q.· And what is that? ·6· · · · · ·A.· It's a trade publication for, you know, ·7· ·the VIP industry. ·8· · · · · ·Q.· And looking at the top left-hand corner ·9· ·underneath the title Limousine Digest, can you see a 10· ·date and volume number? 11· · · · · ·A.· September 2001 Volume II, No. 9. 12· · · · · ·Q.· Looking at the center of the page, do 13· ·you see the words, Executive Plans For The Future? 14· · · · · ·A.· Yes, I do. 15· · · · · ·Q.· And do you recognize any of the 16· ·individuals underneath Executive Plans For The 17· ·Future? 18· · · · · ·A.· The lady I don't recognize but that 19· ·looks like Bakare on the front page. 20· · · · · ·Q.· And who is Bakare? 21· · · · · ·A.· He's the gentleman that owns Executive 22· ·Coach is my understanding. 23· · · · · ·Q.· And flipping to the third page which is 24· ·ECB 167? 25· · · · · ·A.· Yes.

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·1· · · · · ·Q.· And counting with me, you see the second ·2· ·long paragraph that starts with, As it turned out? ·3· · · · · ·A.· Yes. ·4· · · · · ·Q.· Counting down with me one, two, three, ·5· ·four, five, six, seven, eight, nine, ten, eleven, ·6· ·twelve, thirteen lines, do you see this reference ·7· ·here, Executive's other new product line? ·8· · · · · ·A.· Yes. ·9· · · · · ·Q.· Can you read that first? 10· · · · · ·A.· Executive's other new product line, 11· ·funeral cars, is actually not new at all since 12· ·Armbruster Stageway falls under the Executive 13· ·umbrella.· A pioneer in the funeral business, 14· ·Armbruster dates back to the 1880's.· Executive is 15· ·still considering whether or not to bring back the 16· ·Armbruster name for the new division. 17· · · · · ·Q.· So this language bring back the 18· ·Armbruster name in this 2001 periodical, is that 19· ·consistent with your recollection that they were not 20· ·using Armbruster Stageway in the 2000's or the 21· ·1990's? 22· · · · · ·A.· I think that makes it very clear, yeah. 23· · · · · · · ·MR. WOOTEN:· Objection; leading. 24· · · · · ·Q.· (By Ms. Gan)· Sir, tell us how you 25· ·evaluate that language?

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·1· · · · · ·A.· Well, they're just stating the facts as ·2· ·I recall them, that they were not doing anything ·3· ·under the Armbruster name at all.· Bakare never did ·4· ·anything with it that I'm aware of and it just says ·5· ·he's contemplating bringing it back. ·6· · · · · · · ·MS. GAN:· I'm going to move this SPV ·7· ·Coach Testimonial Exhibit 47 into evidence.· And now ·8· ·I'm going to look at, it should be the next article ·9· ·after that, which is ECB 8 through 11.· Daniel, just 10· ·for the sake of expediency here, this is an article 11· ·entitled Exit Stageway:· Era Ends at Federal Coach 12· ·that you produced.· Let me know when you have it in 13· ·front of you and I'll go on. 14· · · · · · · ·MR. WOOTEN:· Is this Exhibit 48? 15· · · · · · · ·MS. GAN:· ECB 8 through 11. 16· · · · · · · ·MR. WOOTEN:· But is it exhibit 17· ·Testimonial Exhibit 48? 18· · · · · · · ·MS. GAN:· Yes.· I'm sorry, yes, 48. 19· · · · · · · ·(Exhibit No. 48 was marked for 20· ·identification.) 21· · · · · · · ·MR. WOOTEN:· Got it. 22· · · · · ·Q.· (By Ms. Gan)· Sir, looking at the bottom 23· ·right corner of this first page, ECB 8, can you tell 24· ·the source of this article?· Do you see a domain 25· ·name, for example, on the bottom left-hand corner?

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·1· · · · · ·A.· LCT magazine dot com. ·2· · · · · ·Q.· What is LCT Magazine? ·3· · · · · ·A.· Limousine and Chauffeur Magazine. ·4· · · · · ·Q.· And in looking at the center of the page ·5· ·underneath the title, Exit Stageway:· Era Ends at ·6· ·Federal Coach, do you see a date? ·7· · · · · ·A.· March 24, 2010. ·8· · · · · ·Q.· And flipping to the next page and ·9· ·counting with me from the top, this is ECB9, the 10· ·fifth paragraph down, do you see a reference to 11· ·Armbruster Stageway? 12· · · · · ·A.· Yes. 13· · · · · ·Q.· Can you read that sentence for us? 14· · · · · ·A.· Armbruster Stageway's manufacturing 15· ·facilities and work force became Federal Coach in 16· ·the early 1990's after the company had been sold to 17· ·Executive Coach Builders a few years before. 18· · · · · ·Q.· Is this consistent with your 19· ·recollection that the Armbruster Stageway work force 20· ·began working for Federal Coach in the early '90's? 21· · · · · ·A.· Pretty much, yes. 22· · · · · ·Q.· And so when you testified earlier that 23· ·you recall that Federal Coach ceased operations in 24· ·the Fort Smith area in 2010, is this article 25· ·consistent with your recollection?

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·1· · · · · ·A.· Yes, it is. ·2· · · · · · · ·MS. GAN:· I'm going to move Testimonial ·3· ·Exhibit 48 into evidence.· Daniel, the next article ·4· ·that we're looking at is an article that we ·5· ·produced, it's SPV 340 through 341 and it's a Limo ·6· ·Digest piece.· Let me know when you have it. ·7· · · · · · · ·MR. WOOTEN:· Give me the numbers again. ·8· ·SPV 340 through what? ·9· · · · · · · ·MS. GAN:· 341. 10· · · · · · · ·(Exhibit No. 49 was marked for 11· ·identification.) 12· · · · · · · ·MR. WOOTEN:· This is going to be 13· ·Testimonial Exhibit 49? 14· · · · · · · ·MS. GAN:· Yes, it is. 15· · · · · · · ·MR. WOOTEN:· Go ahead. 16· · · · · ·Q.· (By Ms. Gan)· Sir, looking at the bottom 17· ·left-hand corner of this first page, SPV 340, can 18· ·you tell the source of this article? 19· · · · · ·A.· Limo Digest. 20· · · · · ·Q.· And do you see a date? 21· · · · · ·A.· January 2013. 22· · · · · ·Q.· And this is Limo Digest, the same 23· ·periodical that we looked at in Testimonial Exhibit 24· ·47; is that right? 25· · · · · ·A.· I believe so.

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·1· · · · · ·Q.· And if you look counting with me to the ·2· ·fourth paragraph in the center of the page, do you ·3· ·see a sentence that begins with the word Bakare? ·4· · · · · ·A.· Yes. ·5· · · · · ·Q.· Can you read that paragraph? ·6· · · · · ·A.· Bakare's strategy was beautiful in its ·7· ·simplicity.· In order to stay competitive in an ·8· ·evolving marketplace, he saw better options than ·9· ·slashing available models and sacrificing customer 10· ·service and satisfaction to save a few dollars. 11· ·Bakare transformed ECB into the one-stop shop with 12· ·an enviable lineup that includes a Sprinter 13· ·conversion, a 120-inch MKT limousine, a 140-inch 14· ·Chrysler limousine, 140-inch Navigator limo, 15· ·165-inch Escalade limo and a full range of 16· ·limobuses.· ECB worked behind the scenes to retool 17· ·so that it could produce an assortment of vehicles 18· ·for operators of every size and budget. 19· · · · · ·Q.· Looking at these vehicles here, the 20· ·120-inch MKT limo, the 140 Chrysler limo, the 140 21· ·Navigator, and the 165-inch Escalade limo, are any 22· ·of these types of vehicles common in the funeral 23· ·industry? 24· · · · · ·A.· I've never seen one in the funeral 25· ·industry.

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·1· · · · · ·Q.· And where do you typically see these ·2· ·cars in your experience having worked in the ·3· ·professional car industry since the early 1980's? ·4· · · · · ·A.· In the VIP market for party cars. ·5· · · · · ·Q.· And do you recall your earlier testimony ·6· ·about certain cars that could be cut inside the CMC ·7· ·program and cannot be cut inside the CMC program? ·8· · · · · ·A.· Of course. ·9· · · · · ·Q.· Do you recall your testimony about 10· ·Escalades? 11· · · · · ·A.· Yes, I do. 12· · · · · ·Q.· And remind us about the restrictions on 13· ·Escalades? 14· · · · · ·A.· Simply put, Cadillac did not want the 15· ·Escalade to be cut and stretched.· That didn't mean 16· ·you couldn't cut and stretch it but if you were in 17· ·CMC program and if you did that, you would lose your 18· ·CMC status. 19· · · · · · · ·MS. GAN:· I'm going to move SPV Coach's 20· ·Testimonial Exhibit 49 into the record.· The next 21· ·article we're looking at, Daniel, is an article 22· ·that's come in a couple of times.· I think when it 23· ·was produced to us it was incomplete so we produced 24· ·it in the full version, and that would be SPV 333 25· ·through 339.

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·1· · · · · · · ·MR. WOOTEN:· And this will be Exhibit ·2· ·50? ·3· · · · · · · ·MS. GAN:· This will be Exhibit 50. ·4· · · · · · · ·(Exhibit No. 50 was marked for ·5· ·identification.) ·6· · · · · · · ·MR. WOOTEN: Okay, I have it. ·7· · · · · ·Q.· (By Ms. Gan)· This is a longer article. ·8· ·I want to make sure that you've had a chance to look ·9· ·at it, Mr. Lester.· It's an article entitled, 10· ·Executive Coach Builders Carries Limousine Legacy 11· ·Forward.· Why don't you take a minute to review it, 12· ·then I'll ask you a couple questions. 13· · · · · ·A.· Okay.· I'm ready. 14· · · · · ·Q.· Looking under this title here, Executive 15· ·Coach Builders Carries Limousine Legacy Forward, can 16· ·you see a date? 17· · · · · ·A.· June 24, 2013. 18· · · · · ·Q.· And if you look at the bottom left-hand 19· ·corner of this first page, SPV 333, can you tell the 20· ·source of this article? 21· · · · · ·A.· LCT Magazine. 22· · · · · ·Q.· And LCT Magazine, is that Limousine and 23· ·Chauffeur? 24· · · · · ·A.· Yes. 25· · · · · ·Q.· And you know what?· That might have been

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 73

·1· ·in Mr. Myers' earlier deposition testimony.· If you ·2· ·flip to the -- I'm sorry, if you flip with me six ·3· ·pages, you'll see SPV 338 at the bottom? ·4· · · · · ·A.· Okay. ·5· · · · · ·Q.· And do you see a bolded text in the ·6· ·center of the page that says Limousine Legacy? ·7· · · · · ·A.· Yes, I do. ·8· · · · · ·Q.· You see the language, In 1989, ECB ·9· ·absorbed the old Armbruster Stageway company, a 10· ·stagecoach and limousine maker that dates to 1886? 11· · · · · ·A.· Yes, I do. 12· · · · · ·Q.· And that's consistent with your 13· ·understanding of when you joined Executive Coach in 14· ·1989 than they had absorbed their competitor 15· ·Armbruster Stageway; is that right? 16· · · · · ·A.· That is correct. 17· · · · · ·Q.· If you flip to the next page, let me 18· ·know if you can find bolded text that says, Driving 19· ·Ahead? 20· · · · · ·A.· I see it. 21· · · · · ·Q.· Can you read that paragraph underneath 22· ·Driving Ahead? 23· · · · · ·A.· As Bakare enters his third decade of 24· ·limo building, the 42-year-old entrepreneur plans to 25· ·add Armbruster Funeral and a full bus manufacturing

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·1· ·division that builds on his company's ability to ·2· ·bring quality, well-engineered products to the ·3· ·marketplace.· He plans to have his bus line custom ·4· ·engineered. ·5· · · · · ·Q.· And is this consistent with your ·6· ·recollection that prior to the date of this article, ·7· ·January -- I'm sorry, June 24, 2013, Mr. Bakare was ·8· ·not in the funeral car space? ·9· · · · · ·A.· Absolutely. 10· · · · · ·Q.· And he was not using the word Armbruster 11· ·or Armbruster Funeral prior to this June 24, 2013 12· ·date? 13· · · · · ·A.· I haven't been able to find him 14· ·anywhere. 15· · · · · ·Q.· I'm sorry, can you flip back with me a 16· ·couple pages?· Look for SPV 336? 17· · · · · ·A.· Okay. 18· · · · · ·Q.· If you look in that page, the third 19· ·paragraph down, do you see a paragraph that starts 20· ·with, While Following? 21· · · · · ·A.· On 336? 22· · · · · ·Q.· Yes, at the center of the page.· Sort of 23· ·like in the second paragraph at the very bottom.· Do 24· ·you see the words, While following? 25· · · · · ·A.· Yes.

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 75

·1· · · · · ·Q.· Can you read that? ·2· · · · · ·A.· While following Cadillac Master ·3· ·Coachbuilder standards, ECB does not have the CMC ·4· ·designation because it builds Escalade ·5· ·super-stretches, which are not officially part of ·6· ·the CMC program. ·7· · · · · ·Q.· And is this consistent with your ·8· ·recollection that Executive Coach was cutting and ·9· ·stretching Escalades? 10· · · · · ·A.· Yes. 11· · · · · ·Q.· And that they were not part of the CMC 12· ·because of that cutting and stretching of Escalates? 13· · · · · ·A.· Absolutely. 14· · · · · · · ·MS. GAN:· I'm going to move this article 15· ·into the record.· It's going to be in the record a 16· ·couple times because I think it was attached to 17· ·Mr. Bakare's testimony but for the sake of the 18· ·board's clarity, I'm moving this SPV Coach 19· ·Testimonial Exhibit 50 into the record. 20· · · · · · · ·The next article that we're looking at 21· ·is SPV 437 through 442, The comeback of Armbruster 22· ·Stageway.· Let me know when you find it, Daniel. 23· · · · · · · ·MR. WOOTEN:· What are we looking at now? 24· · · · · · · ·MS. GAN:· We're looking at SPV 437 25· ·through 442.

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 76

·1· · · · · · · ·MR. WOOTEN:· Isn't that the one we were ·2· ·just looking at? ·3· · · · · · · ·MS. GAN:· No.· This is, The Comeback of ·4· ·Armbruster-Stageway.· We just moved 50 into the ·5· ·record and now we're looking at The Comeback of ·6· ·Armbruster-Stageway. ·7· · · · · · · ·(Exhibit No. 51 was marked for ·8· ·identification.) ·9· · · · · · · ·MR. WOOTEN:· What was the Bates label 10· ·document for the document that was marked Exhibit 11· ·50? 12· · · · · · · ·MS. GAN:· So going back to 50, what 13· ·we're putting on the record is SPV 333 through 339. 14· · · · · · · ·MR. WOOTEN:· Okay.· Now we're doing 437 15· ·through 442? 16· · · · · · · ·MS. GAN:· Yes. 17· · · · · ·Q.· (By Ms. Gan)· Sir, looking at this first 18· ·page titled, The Comeback of Armbruster-Stageway, if 19· ·you look at the top left-hand corner of this page, 20· ·can you identify the source of this article? 21· · · · · ·A.· American Funeral Director. 22· · · · · ·Q.· And do you see a date? 23· · · · · ·A.· February 9, 2015. 24· · · · · ·Q.· Do you see a reference to AFD May Book 25· ·at the top?

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 77

·1· · · · · ·A.· Yes, I do. ·2· · · · · ·Q.· And I'm sorry if you -- yeah, so March ·3· ·9, 2015 AFB May Book.· If you look at the second ·4· ·page of this article, do you see a photo? ·5· · · · · ·A.· Yes, I do. ·6· · · · · ·Q.· And who are those two gentleman on this ·7· ·photo? ·8· · · · · ·A.· Myself and Sean Myers. ·9· · · · · ·Q.· Do you remember being interviewed for 10· ·this article? 11· · · · · ·A.· Yes. 12· · · · · ·Q.· And how did that come about? 13· · · · · ·A.· On the telephone. 14· · · · · ·Q.· Did the American Funeral Director call 15· ·you? 16· · · · · ·A.· I assume that's who she was with. 17· · · · · ·Q.· This was not an article that you sought 18· ·out? 19· · · · · ·A.· No. 20· · · · · ·Q.· If you look at the second page of this 21· ·article, underneath the photo, counting with me one, 22· ·two, three, four, five paragraphs in, do you see a 23· ·paragraph that begins with, By the 1980's? 24· · · · · ·A.· Yes, I do. 25· · · · · ·Q.· Can you read that for us?

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 78

·1· · · · · ·A.· By the 1980's, however, the ·2· ·Armbruster-Stageway name was sold several times to ·3· ·various companies.· In 1989, it was acquired by ·4· ·Executive Coach Builders, which relocated operations ·5· ·to Springfield, Missouri, and in the next few years ·6· ·would abandon the trademark. ·7· · · · · ·Q.· Is that consistent with your ·8· ·recollection having worked in the funeral car space ·9· ·since the early 1980's that after this company was 10· ·acquired by Executive Coach Builders, 11· ·Armbruster-Stageway was abandoned or not used in the 12· ·marketplace? 13· · · · · ·A.· Shortly thereafter, yes. 14· · · · · ·Q.· If you flip to the next page -- I'm 15· ·sorry, if you go back to that first page right under 16· ·that paragraph that you just read? 17· · · · · ·A.· Uh-huh. 18· · · · · ·Q.· You read, By the 1980's.· Can you read 19· ·the next paragraph, Meanwhile? 20· · · · · ·A.· Meanwhile, Chris Witte, a Fort Smith 21· ·businessman, would purchase the vacant, former 22· ·Armbruster-Stageway plants and rehire its workers to 23· ·build limousines under the new name of Federal 24· ·Coach. 25· · · · · ·Q.· Keep reading.

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 79

·1· · · · · ·A.· But in 2010, after the advent of the ·2· ·luxury SUV and the "party bus" shrank demand for the ·3· ·traditional stretch limousine, the original plants ·4· ·would again be shut down, for the last time.· After ·5· ·123 years, it appeared that nothing was left to ·6· ·represent Armbruster-Stageway, neither its trademark ·7· ·nor its assembled craftsmen. ·8· · · · · ·Q.· Is that consistent with your ·9· ·understanding of Federal Coach absorbing the plant 10· ·and workforce of Armbruster-Stageway and then being 11· ·shut down somewhere around 2010? 12· · · · · ·A.· Absolutely. 13· · · · · ·Q.· Do you see this heading, Putting the 14· ·Band Back Together? 15· · · · · ·A.· Yes, I do. 16· · · · · ·Q.· Can you read the paragraph underneath 17· ·that? 18· · · · · ·A.· Yet Armbruster-Stageway would once again 19· ·rise from the ashes in 2012, when Myers and Lester 20· ·filed and received approval to obtain and use the 21· ·abandoned trademark, arranged to rehire many of the 22· ·former Armbruster-Stageway Federal Coach workers and 23· ·opened for business in a new building just south of 24· ·Fort Smith in Hackett, Arkansas. 25· · · · · ·Q.· So when this article refers to putting

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 80

·1· ·the band back together, what is that reference to? ·2· · · · · ·A.· The former employees. ·3· · · · · ·Q.· And again, that's why you chose the Fort ·4· ·Smith area and its environs, because that's where ·5· ·the Armbruster-Stageway Federal Coach workers had ·6· ·been? ·7· · · · · ·A.· Absolutely. ·8· · · · · ·Q.· If you count down from where you just ·9· ·read two paragraphs, do you see a reference to, In 10· ·May 2013? 11· · · · · ·A.· Yes. 12· · · · · ·Q.· Can you read that? 13· · · · · ·A.· In May 2013, the first unit, built on 14· ·the new XTS chassis, was unveiled at the Kansas, 15· ·Missouri and Nebraska Tri-state Funeral Directors 16· ·Association Convention in Kansas City. 17· · · · · ·Q.· So this first unit in May of 2013, you 18· ·testified earlier about a tri-state Funeral 19· ·Directors show, is it your understanding that this 20· ·reference is to that show? 21· · · · · ·A.· That is the show. 22· · · · · · · ·MS. GAN:· I can't recall if I have 23· ·expressly marked this but I'm marking this article, 24· ·The Comeback of Armbruster-Stageway, as SPV Coach 25· ·Testimonial Exhibit 51 and I'm moving it into the

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 81

·1· ·record.· The next article that we're looking at is ·2· ·SPV 443 through 454.· Daniel, let me know when ·3· ·you're there. ·4· · · · · · · ·MR. WOOTEN:· How many more are you going ·5· ·to put in the record? ·6· · · · · · · ·MS. GAN:· After this, I have one more of ·7· ·these printed materials and then I just have like ·8· ·two things and the rest of it's going to come in via ·9· ·Sean. 10· · · · · · · ·MR. WOOTEN:· All right, I'm ready. 11· · · · · ·Q.· (By Ms. Gan)· Sir, looking at the center 12· ·of this first page, can you identify the source of 13· ·-- can you identify what this periodical is? 14· · · · · ·A.· I can't really read it. 15· · · · · ·Q.· Do you see the word, Southern Calls, in 16· ·large letters? 17· · · · · ·A.· I guess maybe Southern Funeral Director 18· ·would be my guess. 19· · · · · ·Q.· So you're not familiar with this 20· ·particular -- 21· · · · · ·A.· I don't recall seeing this, to be honest 22· ·with you. 23· · · · · ·Q.· Okay. 24· · · · · ·A.· I think I have but I just don't. 25· · · · · · · ·MS. GAN:· So I'm going to talk to Sean

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 82

·1· ·about this.· So the next thing we're looking at is ·2· ·SPV 182 through 236. ·3· · · · · · · ·MR. WOOTEN:· I'm ready. ·4· · · · · ·Q.· (By Ms. Gan)· Sir, looking at this first ·5· ·page, SPV 182, Friends of the Professional Car ·6· ·Society, are you familiar with this organization? ·7· · · · · ·A.· Yes, I am. ·8· · · · · ·Q.· And what is it? ·9· · · · · ·A.· Well, it's a group of people that like 10· ·old hearses and limousines in the funeral industry. 11· · · · · ·Q.· Are you a member? 12· · · · · ·A.· No, I'm not. 13· · · · · ·Q.· Looking at this first page at the very 14· ·bottom, do you see the date May 7, 2013? 15· · · · · ·A.· Yes, I do. 16· · · · · ·Q.· And then if you flip over to the next 17· ·page, do you see a posting that says, Introducing 18· ·Armbruster Stageway hearses, Armbruster Stageway 19· ·hearses for 2013? 20· · · · · ·A.· Yes, I do. 21· · · · · ·Q.· What is the URL or the website 22· ·underneath that? 23· · · · · ·A.· Http Armbruster Stageway dot com. 24· · · · · ·Q.· And is that the web page that you 25· ·acquired in January of 2013?

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 83

·1· · · · · ·A.· Yes, it is. ·2· · · · · ·Q.· And flip to the next page.· And what is ·3· ·this? ·4· · · · · ·A.· That's a -- I believe that's a rendering ·5· ·of what the hearse was going to look like. I ·6· ·believe. ·7· · · · · ·Q.· So this post in May of 2013 is roughly ·8· ·around the time that you brought that first car to ·9· ·that tri-state show; is that right? 10· · · · · ·A.· Absolutely. 11· · · · · ·Q.· And if you flip to SPV 188? 12· · · · · ·A.· Okay. 13· · · · · ·Q.· And do you see a reference to an 14· ·individual named Steve Lichtman? 15· · · · · ·A.· Yes, I do. 16· · · · · ·Q.· PCS Elected Director? 17· · · · · ·A.· Yes. 18· · · · · ·Q.· And do you see a statement, This is not 19· ·the worst design I've seen? 20· · · · · ·A.· Yes, I do. 21· · · · · ·Q.· Can you read that? 22· · · · · ·A.· I'm no expert, but I'm with Danny.· This 23· ·is not the worst design I've seen, it's not too bad. 24· ·Probably the best they can do given the state of the 25· ·base Cadillacs or Lincolns available.· Honestly, I

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 84

·1· ·didn't know Armbruster-Stageway was still around. ·2· · · · · ·Q.· Does it surprise you that the director ·3· ·of this organization is saying I didn't know ·4· ·Armbruster-Stageway was still around in May of 2013? ·5· · · · · ·A.· Doesn't surprise me at all. ·6· · · · · ·Q.· And why is that? ·7· · · · · ·A.· They weren't around. ·8· · · · · ·Q.· If you flip to SPV 190? ·9· · · · · ·A.· Okay. 10· · · · · ·Q.· Do you see a post by Mike Boyer? 11· · · · · ·A.· Yes, I do. 12· · · · · ·Q.· Can you start reading with, No, you're 13· ·not wrong? 14· · · · · ·A.· No your not wrong.· Your absolutely 15· ·right.· Procar enthusiasts are the hardest critics 16· ·of coaches.· The ones that collect, restore and love 17· ·vintage coaches are even harder on the new coaches, 18· ·with most of us loving the lines, proportions, sexy 19· ·curves, and class is of a vintage coach.· None of 20· ·which this Armbruster-Stageway has.· Although I will 21· ·say, I showed it to a coworker, who knows nothing 22· ·about hearses nor cares to, and he said, "That's 23· ·cool.· Roof looks kinda funny though."· I do think 24· ·its cool/strange to see the Armbruster Stageway name 25· ·again.· Pretty neat.

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 85

·1· · · · · ·Q.· Does it surprise you that it's strange ·2· ·to this poster in May 17 of 2013 to see Armbruster ·3· ·Stageway again? ·4· · · · · ·A.· Not at all. ·5· · · · · ·Q.· Why is that? ·6· · · · · ·A.· Well, it hadn't been around for 25 years ·7· ·or so. ·8· · · · · · · ·MR. WOOTEN:· Speculation. ·9· · · · · ·Q.· (By Ms. Gan)· If you flip to SPV 194? 10· · · · · ·A.· Okay. 11· · · · · ·Q.· Let me know if you see a posting by 12· ·Danny Ryder in the center of the page? 13· · · · · ·A.· Yes, I do. 14· · · · · ·Q.· And do you see the date May 8, 2013? 15· · · · · ·A.· Yes, I do. 16· · · · · ·Q.· And do you see that this post by 17· ·Mr. Ryder is a repost or an answer to a post by 18· ·Brady Smith? 19· · · · · ·A.· Okay, yes. 20· · · · · ·Q.· Can you start reading, Brady? 21· · · · · ·A.· Brady, Southwest is building their on 22· ·cars now and maybe they bought the rights to the 23· ·Name of Armbruster?· I have talked to Richard at 24· ·Crain's in Marietta which is part of this group so I 25· ·knew they were building cars now but didn't know

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 86

·1· ·what they were calling them.· They have been getting ·2· ·this in the works for several years now. ·3· · · · · ·Q.· Do you recall getting calls from procar ·4· ·enthusiasts or people -- folks in the professional ·5· ·car industry around this time period about your car? ·6· · · · · ·A.· I know Danny Ryder. ·7· · · · · ·Q.· You do? ·8· · · · · ·A.· Uh-huh. ·9· · · · · ·Q.· And you recall having a conversation 10· ·with him about the Armbruster cars you were 11· ·producing? 12· · · · · ·A.· I don't recall the conversations but I'm 13· ·sure I did.· I guess. 14· · · · · ·Q.· Is it an accurate statement as he states 15· ·here that you were getting this in the works for 16· ·several years? 17· · · · · ·A.· Absolutely. 18· · · · · ·Q.· If you flip to the next page, do you see 19· ·a post on May 10th by Kent Dorsey? 20· · · · · ·A.· Yes, I do. 21· · · · · ·Q.· And can you read that post, This is the 22· ·company? 23· · · · · ·A.· This is the company that owns 24· ·Southwest -- 25· · · · · · · ·MR. WOOTEN:· Objection; hearsay and --

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 87

·1· ·I'll just lodge it on the record. ·2· · · · · ·Q.· (By Ms. Gan)· This is the company? ·3· · · · · ·A.· This is the company that owns southwest ·4· ·as Brady alluded to.· It is former Federal employees ·5· ·hired for a resurrected Armbruster-Stageway name. ·6· ·My understanding is that they are a Cadillac ·7· ·Certified Master Coachbuilder.· More photos later, ·8· ·here are the raw photos. ·9· · · · · ·Q.· Is that your car? 10· · · · · ·A.· Yes, it is. 11· · · · · ·Q.· And this is consistent with your desire 12· ·to bring Armbruster-Stageway back, to hire Federal 13· ·Coach employees to -- former Federal Coach employees 14· ·to build these cars? 15· · · · · ·A.· Of course. 16· · · · · ·Q.· If you flip -- this is a few pages off 17· ·-- to SPV 207. 18· · · · · ·A.· Okay. 19· · · · · ·Q.· And do you see a post in the bottom 20· ·corner by Mr. Kenneth Howe? 21· · · · · ·A.· Yes, I do. 22· · · · · ·Q.· And can you -- do you know Kenneth Howe? 23· · · · · ·A.· Pardon me? 24· · · · · ·Q.· Do you know Kenneth Howe? 25· · · · · ·A.· No, I do not.

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 88

·1· · · · · ·Q.· Can you read that paragraph, I had the ·2· ·opportunity? ·3· · · · · ·A.· I had the opportunity to inspect this ·4· ·coach -- ·5· · · · · · · ·MR. WOOTEN:· Objection; hearsay.· Go ·6· ·ahead. ·7· · · · · ·A.· I had the opportunity to inspect this ·8· ·coach in person at the Tri-State convention this ·9· ·week.· It is very impressive?· It has very 10· ·interesting rear side windows that would remind you 11· ·of 50 S superior products.· We have used S and S 12· ·Masterpieces for decades...and I will miss the 13· ·commercial glass.· This car will be a strong 14· ·contender and we are seriously considering it!· You 15· ·are right...you need to see it in person...and this 16· ·car which was built in ten days...will no doubt look 17· ·different...as well as being fine tuned by NFDA in 18· ·Austin. 19· · · · · ·Q.· So this reference here to the tri-state 20· ·convention being this week, and it was posted May 21· ·11, 2013, is that that same tri-state show in 22· ·earlier mid May where you exhibited the first unit 23· ·produced under Armbruster-Stageway? 24· · · · · ·A.· That's exactly right. 25· · · · · ·Q.· And the car that was built in ten days

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 89

·1· ·is that first car that was cut and stretched bearing ·2· ·Armbruster-Stageway? ·3· · · · · ·A.· That's exactly right. ·4· · · · · ·Q.· And then if you flip to the next page, ·5· ·do you see a post by John Royark? ·6· · · · · ·A.· Yes, I do. ·7· · · · · ·Q.· And can you read that? ·8· · · · · ·A.· I hope it shows up at the NFDA ·9· ·convention in Ames, IA Tuesday so I can get a look 10· ·at it. 11· · · · · ·Q.· Do you recall -- and this post is May 12· ·12, 2013.· Do you recall if you exhibited that at 13· ·the NFDA convention? 14· · · · · ·A.· I think it was taken there.· I don't 15· ·know for sure.· I did not attend it. 16· · · · · ·Q.· If you flip to SPV 214? 17· · · · · ·A.· Okay. 18· · · · · ·Q.· Do you see a reference to the Armbruster 19· ·Stageway website? 20· · · · · ·A.· Yes, I do. 21· · · · · ·Q.· And is that in a post by Tony Blair? 22· · · · · ·A.· Yes, it is. 23· · · · · ·Q.· On May 14th? 24· · · · · ·A.· Yes. 25· · · · · ·Q.· And does this http Armbruster Stageway

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 90

·1· ·dot com gallery, does that reference a gallery of ·2· ·photos on the website that you established for ·3· ·Armbruster-Stageway? ·4· · · · · ·A.· Yes, it does. ·5· · · · · ·Q.· Do you recall updating your website ·6· ·around the time of that tri-state show? ·7· · · · · ·A.· Yes, it was. ·8· · · · · ·Q.· And you recall putting photos of the ·9· ·Armbruster Stageway car on the website? 10· · · · · ·A.· Yes. 11· · · · · ·Q.· If you look at SPV 216? 12· · · · · ·A.· Okay. 13· · · · · ·Q.· Do you see a post by Tony Blair on May 14· ·28, 2013? 15· · · · · ·A.· Yes, I do. 16· · · · · ·Q.· You see a reference to Crain Sales? 17· · · · · ·A.· Yes. 18· · · · · ·Q.· Can you read that section, please? 19· · · · · ·A.· Both Crain Sales and Southwest 20· ·Professional Vehicles have updated their websites. 21· ·It appears they're exclusively promoting the 22· ·Armbruster-Stageway coach and have dropped the 23· ·Federal Coach brand. 24· · · · · ·Q.· Is that true?· Do you recall updating 25· ·the Crain Sales and Southwest Professional Vehicles

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 91

·1· ·around the time of that in May of 2013?· Does that ·2· ·sound consistent with your memory? ·3· · · · · ·A.· It's correct. ·4· · · · · ·Q.· And did you drop Federal Coach? ·5· · · · · ·A.· Yes. ·6· · · · · ·Q.· Around that time? ·7· · · · · ·A.· Yes. ·8· · · · · ·Q.· If you flip to the next page -- if you ·9· ·look at the bottom of this existing page which is 10· ·SPV 216, do you see a post by Danny Ryder? 11· · · · · ·A.· Yes. 12· · · · · ·Q.· And it's dated May 28, 2013? 13· · · · · ·A.· That's correct. 14· · · · · ·Q.· Flip to the next page and read the post? 15· · · · · ·A.· I talked to Richard at Crain's today. 16· · · · · · · ·MR. WOOTEN:· What was the question?· Can 17· ·you read back the question, please? 18· · · · · · · ·(The pending question was read by the 19· ·reporter.) 20· · · · · · · ·MR. WOOTEN:· Objection; hearsay.· Go 21· ·ahead. 22· · · · · ·A.· I talked to Richard at Crain's today. 23· ·They already have orders for about 120 hearses and 24· ·the limo will be ready for viewing in a few weeks. 25· ·I ask him about the Armbruster name which he said

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 92

·1· ·Executive Coach had the rights to but had abandoned ·2· ·in 1990.· They have actually found a lot of the ·3· ·employees of the original Armbruster group and have ·4· ·a good group on the manufacturing side.· I like the ·5· ·car and wish them well.· I feel they have approached ·6· ·this from a different side and will make it work. ·7· ·They tried to go back to some of the things we like ·8· ·about the old cars like curved corner glass which he ·9· ·said was a bear to produce. 10· · · · · ·Q.· And your testimony that was you know 11· ·Danny Ryder? 12· · · · · ·A.· Yes, I do. 13· · · · · ·Q.· And that you recall that you've talked 14· ·to Danny Ryder on occasion about those cars? 15· · · · · ·A.· On occasion. 16· · · · · ·Q.· And does it seem reasonable to you that 17· ·at the time he posted this on May 28, 2013, you 18· ·would have had orders for 120 hearses produced under 19· ·the Armbruster-Stageway name? 20· · · · · ·A.· Yes. 21· · · · · · · ·MS. GAN:· I'm going to go ahead and -- 22· ·Daniel, obviously, I can attach these to the notice 23· ·of reliance because Internet publications are self 24· ·authenticating, but I'm going to go ahead just for 25· ·the sake of having it attached to this transcript

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 93

·1· ·for the Board -- your objection is obviously on the ·2· ·record -- and mark the entirety of SPV 182 through ·3· ·236 representing these procar enthusiast posts as ·4· ·SPV Coach Testimonial Exhibit 52. ·5· · · · · · · ·MR. WOOTEN:· I want to object; it lacks ·6· ·authentication -- identification, lacks ·7· ·authentication, and it's hearsay. ·8· · · · · · · ·MS. GAN:· Noted.· And I would also just ·9· ·note on the record that Internet publications are 10· ·self-authenticating. 11· · · · · · · ·(Exhibit No. 52 was marked for 12· ·identification.) 13· · · · · ·Q.· (By Ms. Gan)· So let's flip to tab 14· ·twelve, sir. 15· · · · · · · ·MS. GAN:· And this, Daniel, is going to 16· ·be ECB 168.· You attached it -- I'm sorry, it was 17· ·attached to David Bakare's first testimony as SPV 18· ·Exhibit 19. 19· · · · · · · ·MR. WOOTEN:· Was it in the Dropbox 20· ·material? 21· · · · · · · ·MS. GAN:· Yes, it should be in the 22· ·Dropbox material. 23· · · · · · · ·MR. WOOTEN:· It was? 24· · · · · · · ·MS. GAN:· It should be, yes. 25· · · · · · · ·MR. WOOTEN:· It's SPV 168?

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 94

·1· · · · · · · ·MS. GAN:· Uh-huh? ·2· · · · · · · ·MR. WOOTEN:· Hold on. ·3· · · · · · · ·MS. GAN:· And it's already in the record ·4· ·with your notice of reliance as SPV Coach Discovery ·5· ·Deposition Exhibit 19 since we put all of David's ·6· ·depositions in the record. ·7· · · · · · · ·MR. WOOTEN:· Hang on.· Can you describe ·8· ·it for me? ·9· · · · · · · ·MS. GAN:· Sure.· It's a letter, it's got 10· ·the Executive Coach Builders letterhead at the top. 11· ·It's signed by David Bakare.· It's called re: 12· ·Company profile and you produced it as ECB 168. 13· · · · · · · ·MR. WOOTEN:· Just go ahead.· I don't see 14· ·it. 15· · · · · ·Q.· (By Ms. Gan)· Sir, looking at this 16· ·letter referencing Executive Coach Builders at One 17· ·Executive Boulevard, Springfield, Missouri, are you 18· ·familiar with that address; One Executive Boulevard? 19· · · · · ·A.· Not really. 20· · · · · ·Q.· Okay.· I think you stated earlier that 21· ·to your knowledge David Bakare is the head of 22· ·Executive Coach Builders.· Is that right? 23· · · · · ·A.· That's my understanding. 24· · · · · ·Q.· And if you look here, counting three 25· ·paragraphs down, starting with the sentence -- do

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 95

·1· ·you see Mr. Bakare's signature at the bottom of this ·2· ·page? ·3· · · · · ·A.· Yes, I do. ·4· · · · · ·Q.· Do you see a paragraph that begins with, ·5· ·For the past three years? ·6· · · · · ·A.· Yes, I do. ·7· · · · · ·Q.· Can you read that? ·8· · · · · ·A.· For the past 3 years, Armbruster has not ·9· ·manufacture any funeral product but that is about to 10· ·change.· Due to the continuous customer demand for 11· ·Armbruster products, parenthesis, the name and 12· ·product they've known for over 100 years, close 13· ·parenthesis, and the booming funeral industry, 14· ·Executive Coach Builders will be reintroducing the 15· ·sleeping giant Armbruster Stageway Inc. in the 16· ·summer of 1997. 17· · · · · ·Q.· I understand that this letter is not 18· ·dated, sir, but it does reference the summer of 1997 19· ·and I think Mr. Bakare's testimony on this point was 20· ·that it seemed reasonable that it was a letter that 21· ·was sent in '96 or early 1997.· Thinking back to 22· ·your experience at Southwest Professional Vehicles 23· ·in the early '90's, does it seem accurate to you, is 24· ·it consistent with your recollection, that 25· ·Armbruster was not producing funeral cars in the

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 96

·1· ·three years before 1997?· So 1994 to 1997? ·2· · · · · ·A.· Absolutely. ·3· · · · · ·Q.· And it's consistent with your ·4· ·recollection that they were not using the name ·5· ·Armbruster Stageway during that time? ·6· · · · · ·A.· That's correct. ·7· · · · · · · ·MS. GAN:· This is already in the record ·8· ·but I'm going to go ahead and mark it as Testimonial ·9· ·Exhibit 53 and move it into evidence just so they 10· ·can have it affixed to this transcript. 11· · · · · · · ·(Exhibit No. 53 was marked for 12· ·identification.) 13· · · · · · · ·MS. GAN:· And I'm going to ask you to 14· ·move to the next page, which is ECB 173.· That 15· ·should be in the Dropbox.· It was also Exhibit 27 to 16· ·Bakare's first depo.· It's a letter with Springfield 17· ·Stageway Technologies at the top. 18· · · · · · · ·MR. WOOTEN:· It's ECB what? 19· · · · · · · ·MS. GAN:· ECB 173. 20· · · · · · · ·MR. WOOTEN:· Can you describe it for me? 21· · · · · · · ·MS. GAN:· Sure.· It's on the letterhead 22· ·of Springfield Stageway Technologies.· It's dated 23· ·February 23, 1990.· It's a letter to a Mr. Shpiece 24· ·from Cindy Amos and the bottom of the letter says 25· ·3039 East Pythian in Springfield, Missouri.

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 97

·1· · · · · · · ·MR. WOOTEN:· I'm not seeing it in the ·2· ·Dropbox information.· Maybe it's there. ·3· · · · · · · ·MS. GAN:· It should be there.· I know ·4· ·there's a lot of stuff in there but this is -- as I ·5· ·said, this is already in the record but I just want ·6· ·to ask a couple questions about it and then we can ·7· ·move on. ·8· · · · · · · ·MR. WOOTEN:· Go ahead. ·9· · · · · ·Q.· (By Ms. Gan)· Sir, are you familiar with 10· ·this address 3039 East Pythian in Springfield, 11· ·Missouri? 12· · · · · ·A.· Not specifically, no. 13· · · · · ·Q.· Do you recall where Executive Coach was 14· ·located when you worked for them in 1989? 15· · · · · ·A.· I don't recall the address in 16· ·Springfield, no. 17· · · · · ·Q.· Are you familiar with a Cindy Amos? 18· · · · · ·A.· No, I'm not. 19· · · · · ·Q.· Okay.· But you see in the top left-hand 20· ·corner here February 23, 1990? 21· · · · · ·A.· Yes. 22· · · · · ·Q.· Can you read that paragraph, Per your 23· ·request? 24· · · · · ·A.· Per your request yesterday afternoon the 25· ·following is a list of largest customers for

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 98

·1· ·Executive Coach Builders and Armbruster Stageway. ·2· · · · · ·Q.· Do you see a reference for Armbruster ·3· ·Stageway dealers to a Mr. Bill Myers? ·4· · · · · ·A.· Yes, I do. ·5· · · · · ·Q.· And have you heard this terminology ·6· ·Springfield Stageway Technologies, before? ·7· · · · · ·A.· I don't recall it. ·8· · · · · ·Q.· You don't recall it?· But you agree this ·9· ·indication here for this document that was produced 10· ·by Executive Coach Builders, do you agree with the 11· ·assertion that as of February 23rd, 1990 Southwest 12· ·Professional Vehicles was one of the largest 13· ·customers for Armbruster Stageway? 14· · · · · ·A.· Was. 15· · · · · ·Q.· On this particular date at February 23 16· ·of 1990? 17· · · · · ·A.· Yes. 18· · · · · · · ·MS. GAN:· So I'm going to go ahead and 19· ·mark this letter -- it's already in the record a 20· ·couple of times but just for the sake of clarity -- 21· ·as SPV Coach Testimonial Exhibit No. 54 and move it 22· ·into evidence. 23· · · · · · · ·(Exhibit No. 54 was marked for 24· ·identification.) 25· · · · · · · ·MS. GAN:· I have one more document And

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 99

·1· ·that document can be found if you go to Tab 16.· And ·2· ·this, if you look at this, is SPV 2267, 2266 and ·3· ·2265. ·4· · · · · ·Q.· (By Ms. Gan)· And sir, can you looking ·5· ·through these pages tell us what this is? ·6· · · · · ·A.· This is an order for an Armbruster ·7· ·Stageway 1990 Lincoln VIP Silverhawk limousine. ·8· · · · · ·Q.· And who was selling the car? ·9· · · · · ·A.· Armbruster Stageway out of Springfield, 10· ·Missouri. 11· · · · · ·Q.· And who's the dealer representative? 12· · · · · ·A.· Myself. 13· · · · · ·Q.· And do you see a date here? 14· · · · · ·A.· August 24, 1990. 15· · · · · ·Q.· And so in August 24, 1990, you were 16· ·working for? 17· · · · · ·A.· Southwest Professional Vehicles. 18· · · · · ·Q.· And this is a car that you purchased 19· ·from Armbruster Stageway? 20· · · · · ·A.· That's correct. 21· · · · · · · ·MS. GAN:· I'm marking this -- I'll go 22· ·back on this with Sean but I'm marking this as SPV 23· ·Coach Testimonial Exhibit No. 55. 24· · · · · · · ·(Exhibit No. 55 was marked for 25· ·identification.)

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·1· · · · · ·Q.· (By Ms. Gan)· It was your testimony that ·2· ·in 1990 or the early 1990's, you recall purchasing ·3· ·one or two Armbruster Stageway cars coming out of ·4· ·Executive Coach in Springfield, Missouri and that ·5· ·you did not purchase any cars after that point? ·6· · · · · ·A.· That's correct. ·7· · · · · ·Q.· And this would be an example of a car ·8· ·that you purchased from them in 1990? ·9· · · · · ·A.· Yes. 10· · · · · · · ·MS. GAN:· And that's all I have for now. 11· · · · · · · ·MR. WOOTEN:· Are you turning over the 12· ·witness? 13· · · · · · · ·MS. GAN:· Yes, I'm turning over the 14· ·witness to you, Daniel. 15· ·EXAMINATION BY MR. WOOTEN: 16· · · · · ·Q.· Sir, if you would, there should be in 17· ·front of you a document that has Testimonial -- has 18· ·a sticker that says Testimonial Exhibit 51, if you'd 19· ·get that before you, please.· Let me know when you 20· ·have it before you. 21· · · · · · · ·MS. GAN:· I'll help you find it. 22· · · · · · · ·MR. WOOTEN:· It's an article that says, 23· ·The Comeback of Armbruster Stageway. 24· · · · · · · ·MS. GAN:· Yes. 25· · · · · ·A.· Okay.

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 101

·1· · · · · ·Q.· (By Mr. Wooten)· The document before you ·2· ·should have a Bates label number at the bottom which ·3· ·is SPV 0437? ·4· · · · · ·A.· Yes, I do. ·5· · · · · ·Q.· And this is an article; correct? ·6· · · · · ·A.· That's correct. ·7· · · · · ·Q.· And what publication did the article ·8· ·appear in? ·9· · · · · ·A.· American Funeral Director. 10· · · · · ·Q.· Do you know the date that it was 11· ·published in the American Funeral Director? 12· · · · · ·A.· It's a May book.· 2-9-15 is the date but 13· ·I don't recall the specific month myself personally, 14· ·no.· March -- 15· · · · · ·Q.· Okay? 16· · · · · ·A.· -- of 2015. 17· · · · · ·Q.· Sorry, go ahead? 18· · · · · ·A.· March of 2015. 19· · · · · ·Q.· It was published in March of 2015? 20· · · · · ·A.· That's my understanding. 21· · · · · ·Q.· Do you know why we have a date on the 22· ·top of this which is prior to March of 2015? 23· · · · · ·A.· I have no idea. 24· · · · · ·Q.· Do you know whether American Funeral 25· ·Directors sent you or Mr. Myers an advance version

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·1· ·of this article to review before it was published? ·2· · · · · ·A.· I don't recall that. ·3· · · · · ·Q.· But you were interviewed for this ·4· ·article; is that correct? ·5· · · · · ·A.· Telephone interview, yes, sir. ·6· · · · · ·Q.· How many times were you interviewed for ·7· ·the article? ·8· · · · · ·A.· I had one -- one phone call from some ·9· ·lady, I don't recall her name.· And that was all I 10· ·got. 11· · · · · ·Q.· Did anyone else participate in the 12· ·telephone interview other than you and the female? 13· · · · · ·A.· Nobody.· I was on a phone pretty close 14· ·outside the shop and just took a phone call and 15· ·that's who it was. 16· · · · · ·Q.· Okay.· Do you recall whether you were 17· ·interviewed in 2015? 18· · · · · ·A.· I don't recall the date. 19· · · · · ·Q.· I know you don't recall the date but can 20· ·you remember the year?· Was it 2015?· '14?· '13? 21· · · · · ·A.· Yeah, it was shortly before the article 22· ·came out, I recall that. 23· · · · · ·Q.· But you -- sitting here today, you can't 24· ·tell me if it was in the year 2015 or not? 25· · · · · ·A.· Of course it was 2015.· I don't recall,

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·1· ·you know, the date. ·2· · · · · ·Q.· Do you recall being asked by the -- if ·3· ·you would, please turn to the page which is Bates ·4· ·labeled SPV 0438? ·5· · · · · ·A.· Yes, sir. ·6· · · · · ·Q.· Let me know when you're there? ·7· · · · · ·A.· I'm there. ·8· · · · · ·Q.· At the top two-thirds of this page ·9· ·there's some pictures of some limousines and there's 10· ·a picture of two human beings between the 11· ·limousines.· Do you see those? 12· · · · · ·A.· One good-looking guy, then another guy. 13· ·Yeah, I see them. 14· · · · · ·Q.· There's two of them.· Can you identify 15· ·those individuals? 16· · · · · ·A.· Myself and Sean Myers. 17· · · · · ·Q.· And you're on the left? 18· · · · · ·A.· Yes. 19· · · · · ·Q.· Just to be clear, when I say on the 20· ·left, if you're looking at the picture you're on the 21· ·left? 22· · · · · ·A.· That's correct. 23· · · · · ·Q.· And Mr. Myers is on the right with a 24· ·coat on? 25· · · · · ·A.· That's correct.

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 104

·1· · · · · ·Q.· On that same page, I want to go to the ·2· ·right column, the paragraph which says by the ·3· ·1980's.· Do you see that? ·4· · · · · ·A.· Yes, sir, I do. ·5· · · · · ·Q.· And it has a discussion there about ·6· ·abandoning the trademark.· Do you see that? ·7· · · · · ·A.· Yes, sir, I do. ·8· · · · · ·Q.· Do you recall the female that you spoke ·9· ·to on the phone when you were interviewed for this 10· ·article asking you about the trademark for 11· ·Armbruster Stageway? 12· · · · · ·A.· No. 13· · · · · ·Q.· Do you recall the reporter for the 14· ·magazine -- strike the question.· Do you remember 15· ·whether the person that you spoke to on the phone 16· ·concerning this article discussed the use of the 17· ·name at all prior to you and Mr. Myers using it? 18· · · · · ·A.· I don't recall her asking me any 19· ·questions at all about that. 20· · · · · ·Q.· If you would, please turn to page SPV 21· ·0441? 22· · · · · ·A.· Yes, sir. 23· · · · · ·Q.· And you know, at the bottom is a 24· ·timeline with 1989 and it says NEOAX Sells the 25· ·Armbruster Stageway name to Executive Coach

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 105

·1· ·Builders.· Do you see that? ·2· · · · · ·A.· Yes, I do. ·3· · · · · ·Q.· You agree with that, don't you, that the ·4· ·Armbruster Stageway name was sold to Executive Coach ·5· ·in the late '80's, early '90's, somewhere in that ·6· ·timeframe?· Right? ·7· · · · · ·A.· I don't have any personal knowledge of ·8· ·that but that's what it says. ·9· · · · · ·Q.· Well, you were working for Executive 10· ·Coach in the early '90's; is that right? 11· · · · · ·A.· Yes, that's correct. 12· · · · · ·Q.· And at the time that you worked for 13· ·Executive Coach Builders, Executive Coach Builders 14· ·was utilizing the name Armbruster Stageway; right? 15· · · · · ·A.· That's correct. 16· · · · · ·Q.· You sold cars for Executive Coach that 17· ·were branded with the name Armbruster Stageway; 18· ·right? 19· · · · · ·A.· Yes, I did. 20· · · · · ·Q.· And I want to skip ahead to the time 21· ·period when you and Myers were contemplating the 22· ·name to use to brand your limousines with and you 23· ·indicated that eventually came up with the name 24· ·Armbruster Stageway.· Is that true? 25· · · · · ·A.· That's true.

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 106

·1· · · · · ·Q.· And today in one week when I deposed you ·2· ·a few months ago, you described for me the process ·3· ·that you went through to arrive at the name and I ·4· ·believe today you told us that you researched the ·5· ·web and it was your conclusion that Armbruster ·6· ·Stageway was not being used on the web? ·7· · · · · ·A.· No, sir, that's not exactly what I did. ·8· ·I knew without researching the web that Armbruster ·9· ·Stageway was not being used because of my experience 10· ·in the industry and I've been in this industry, you 11· ·know, for 30 years or so.· So no, I did not do that 12· ·initially. 13· · · · · ·Q.· You're telling me that you made no 14· ·search of the web to determine whether Armbruster 15· ·Stageway was being used? 16· · · · · ·A.· Armbruster Stageway was not being used. 17· ·As part of the process I contacted, you know, the 18· ·U.S. Patent and Trademark Office and they explained 19· ·to me what the procedure was and they told me they 20· ·did their own due diligence or whatever terminology 21· ·she used to make sure there would be no conflict of 22· ·interest and the name had been abandoned.· And they 23· ·said it would take them several months to go through 24· ·the process to do that. 25· · · · · · · ·MR. WOOTEN:· Strike -- you know, sir --

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 107

·1· ·I move to strike. ·2· · · · · ·Q.· (By Mr. Wooten)· I know you want to ·3· ·testify for yourself but I'd appreciate you focusing ·4· ·on my questions. ·5· · · · · ·A.· I'm trying to. ·6· · · · · ·Q.· If you searched the web -- did you go on ·7· ·the web to see if Armbruster Stageway was being ·8· ·used? ·9· · · · · ·A.· I've searched the web for Armbruster 10· ·Stageway a number of times but -- 11· · · · · ·Q.· Okay? 12· · · · · ·A.· -- I've never seen anything on 13· ·Armbruster. 14· · · · · ·Q.· What I want to talk about right here, I 15· ·want to talk about the times that you went on the 16· ·web and looked for Armbruster Stageway.· Can we talk 17· ·about that? 18· · · · · ·A.· Yes, we can talk about that.· Would you 19· ·like me to tell you -- 20· · · · · ·Q.· How many times -- 21· · · · · ·A.· -- about that?· You want to ask me? 22· · · · · ·Q.· How many times did you get on the web 23· ·and look for Armbruster Stageway or use those names 24· ·prior to making the decision to use that name? 25· · · · · ·A.· A bunch.

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 108

·1· · · · · ·Q.· Okay.· And you concluded that Armbruster ·2· ·Stageway was not being used on the web at some ·3· ·point.· Is that true? ·4· · · · · ·A.· I don't understand your question was not ·5· ·being used on the web.· I don't understand what you ·6· ·mean by that. ·7· · · · · ·Q.· You went on the web to determine and ·8· ·made some searches prior to making the determination ·9· ·to use the name Armbruster Stageway; is that true? 10· · · · · ·A.· I searched the name Armbruster Stageway, 11· ·of course. 12· · · · · ·Q.· When you searched Armbruster Stageway on 13· ·the web, did you determine whether or not in your 14· ·opinion that name was being used on the web? 15· · · · · ·A.· I couldn't see anything where it was 16· ·being currently used as a name of a vehicle that was 17· ·being sold.· Only thing I would run across is maybe 18· ·an old brochure that was for sale on eBay one time. 19· ·I remember seeing some of those old brochures some 20· ·collector had but I never saw anything with it. 21· · · · · ·Q.· I just want to be clear, you do realize 22· ·you're under oath today; correct? 23· · · · · ·A.· Of course I do. 24· · · · · ·Q.· I just want to make sure that you have 25· ·told us today everything that you discovered

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 109

·1· ·concerning Armbruster Stageway when you made your ·2· ·searches on the web prior to arriving at the ·3· ·conclusion that you were going to use the name ·4· ·Armbruster Stageway on your limousines.· Have you ·5· ·told me everything today? ·6· · · · · ·A.· I feel comfortable about what I told you ·7· ·today as being a hundred percent correct. ·8· · · · · ·Q.· And complete; right? ·9· · · · · ·A.· What's complete? 10· · · · · ·Q.· I just want to make sure that you've 11· ·told me everything that you found when you searched 12· ·the web for the name Armbruster Stageway -- 13· · · · · ·A.· I can't tell you -- 14· · · · · ·Q.· -- before -- prior to arriving at the 15· ·decision to use that name? 16· · · · · ·A.· I cannot tell you specifically 17· ·everything that I may have seen that had reference 18· ·to Armbruster Stageway on it.· I can't remember any 19· ·more that you can remember what you had for 20· ·breakfast three days ago.· I don't remember. 21· · · · · ·Q.· Did you find any website or any websites 22· ·using the name Armbruster Stageway or some 23· ·derivation of that name during your searches? 24· · · · · ·A.· Whenever I searched for the domain name, 25· ·which I had to do that first, I searched Armbruster

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 110

·1· ·Stageway and could not find anything. ·2· · · · · ·Q.· Okay.· When you were searching the web ·3· ·prior to arriving at the decision to use the name, ·4· ·did you come across any websites that used the names ·5· ·Armbruster or Stageway or both of them together? ·6· · · · · ·A.· I don't recall.· I think I maybe saw one ·7· ·that said Armbruster maybe but nothing said ·8· ·Armbruster Stageway.· But nothing that referred to ·9· ·Armbruster Stageway as it would pertain to our 10· ·industry in any shape, form or fashion.· I don't 11· ·remember seeing anything that said Armbruster 12· ·Stageway on it. 13· · · · · ·Q.· Before arriving at -- before you and 14· ·Mr. Myers arrived at the decision to use the name 15· ·Armbruster Stageway, did you ever consider reaching 16· ·out to Executive Coach Builders to determine whether 17· ·they believed they were still using the name 18· ·Armbruster Stageway before you and Mr. Myers began 19· ·spending money to launch your limousine line? 20· · · · · ·A.· I thought I was doing everything exactly 21· ·the correct way and I did not consider that at all. 22· ·I didn't even know the man. 23· · · · · · · ·MR. WOOTEN:· Those are all the questions 24· ·I have. 25· · · · · · · ·MS. GAN:· I just have a couple of

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 111

·1· ·questions. ·2· ·EXAMINATION BY MS. GAN: ·3· · · · · ·Q.· Just want to unpack this a little bit so ·4· ·that we're all on the same page here.· When you ·5· ·decided upon the Armbruster Stageway name, which I ·6· ·believe your testimony was that that was in 2012, ·7· ·and you were looking on the Internet and you were ·8· ·looking to see if the domain name was available, do ·9· ·you recall where you looked to see if the domain 10· ·name was available?· Was it with the registrar? 11· · · · · ·A.· With GoDaddy. 12· · · · · ·Q.· And did you find any registered domain 13· ·names for Armbruster Stageway? 14· · · · · ·A.· I looked at Armbruster Stageway dot com, 15· ·dot net, dot co, and none of them had been used so 16· ·we -- I checked the domain for six or seven 17· ·different variations of Armbruster Stageway. 18· · · · · ·Q.· And when you said earlier that you may 19· ·have seen some websites that had the words 20· ·Armbruster Stageway on them, were those references 21· ·to vintage Armbruster Stageway cars? 22· · · · · ·A.· I recall searching Armbruster Stageway 23· ·and seeing something where an old brochure was for 24· ·sale on eBay of a car that was made -- you know, I 25· ·think in the '60's or something like that.· And to

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 112

·1· ·be honest with you, I'm quite sure they're probably ·2· ·still out there for sale. ·3· · · · · ·Q.· But you didn't see any references to ·4· ·Armbruster Stageway in connection with Executive ·5· ·Coach Builders when you looked -- ·6· · · · · ·A.· No. ·7· · · · · ·Q.· -- on the web? ·8· · · · · ·A.· None. ·9· · · · · ·Q.· And do you recall -- prior to filing 10· ·that trademark application in December of 2012, do 11· ·you recall looking on the PT0 website for Armbruster 12· ·Stageway? 13· · · · · ·A.· Yes, I did. 14· · · · · ·Q.· And the search tools on that website? 15· · · · · ·A.· Yes, I did. 16· · · · · ·Q.· And what did you find when you did that 17· ·search? 18· · · · · ·A.· The best of my recollection, I showed it 19· ·listed there and the date was 1990 and it was just 20· ·noted abandoned. 21· · · · · ·Q.· So if I understand you correctly, sir, 22· ·when you personally performed a search of the USPTO 23· ·trademark database, you found a reference to an 24· ·abandoned trademark application for Armbruster 25· ·Stageway that had been abandoned in 1990 by

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EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 113

·1· ·Executive Coach Builders? ·2· · · · · ·A.· It just said abandoned.· I didn't know ·3· ·what was abandoned but by the name, it said ·4· ·abandoned. ·5· · · · · ·Q.· Understood.· And going back to your time ·6· ·at Exec -- I'm sorry, Executive Coach Builders in ·7· ·1989, 1990, I think you stated they had produced a ·8· ·couple of Armbruster Stageway cars during the time ·9· ·you were there.· You were there roughly 16 months 10· ·and I think you said they had sold a couple 11· ·Armbruster Stageway cars.· Is that right? 12· · · · · ·A.· No, that's not correct.· I sold about 20 13· ·cars for them. 14· · · · · ·Q.· In 1989? 15· · · · · ·A.· '89. 16· · · · · ·Q.· And was there anything -- do you recall 17· ·if Armbruster Stageway at that time was selling 18· ·parts for those cars? 19· · · · · ·A.· Not that I recall. 20· · · · · ·Q.· When you think back to the iteration of 21· ·the Armbruster Stageway car that you sold in 1989, 22· ·is there anything special about the glass on that 23· ·car? 24· · · · · ·A.· You mean the exterior glass on the 25· ·vehicle itself?

800.211.DEPO (3376)

EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 114

·1· · · · · ·Q.· Yes? ·2· · · · · ·A.· No, not really.· It's produced generic ·3· ·glass, you know, for any stretch limousine back on ·4· ·that body style. ·5· · · · · ·Q.· So if I were a member of this ·6· ·professional car enthusiast society and I had a ·7· ·vintage Fort Smith era 1970's Armbruster Stageway ·8· ·car, you don't recall filling any orders for glass ·9· ·during your time at Armbruster Stageway? 10· · · · · ·A.· Never. 11· · · · · ·Q.· And based on your over 30 years of 12· ·experience in this industry, I think you testified 13· ·that that glass was pretty generic.· Did I get that 14· ·right? 15· · · · · ·A.· That's correct. 16· · · · · ·Q.· So if I wanted to find glass for that 17· ·vehicle, where would I go? 18· · · · · ·A.· There's no places you could go.· I mean 19· ·that glass, you know, some of it is tempered, some 20· ·is laminate.· But if you need to get the glass, you 21· ·know, you could find the glass, it wouldn't be a 22· ·problem.· You could have it made or you might find 23· ·some out there, somebody's got an old car that 24· ·they're salvaging.· You could find the glass.· It's 25· ·just not that big a deal.

800.211.DEPO (3376)

EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 115

·1· · · · · ·Q.· Are you familiar with a company called ·2· ·Infinite Innovations? ·3· · · · · ·A.· Yes, I am. ·4· · · · · ·Q.· What is your familiarity with them? ·5· · · · · ·A.· Infinite Innovations was a company that ·6· ·was started by the former production manager at ·7· ·Executive Coach and they manufacture and sell parts ·8· ·to converters like Superior, S&S, Federal Coach. ·9· ·Probably Executive Coach, I would guess.· They sell 10· ·it to us and they also sell it to livery operators, 11· ·specialty type products for limousines. 12· · · · · ·Q.· Do you know if they stock glass for 13· ·different limousine models? 14· · · · · ·A.· Yes, they did. 15· · · · · ·Q.· For example, could a livery operator or 16· ·a funeral home who had a very, very old Armbruster 17· ·Stageway car go and get glass for that car? 18· · · · · ·A.· Yeah.· For a stretch limousine, sure. 19· ·Because on the stretch limousine, you have to 20· ·remember they were four-door stretches predominantly 21· ·and so your front door glass was a Cadillac door 22· ·glass, your rear door glass was a Cadillac door 23· ·glass or whatever the case may be, and the stretch 24· ·section, which is a long piece of glass, so it was 25· ·pretty much standard.· You know, they had to be in

800.211.DEPO (3376)

EsquireSolutions.comYVer1f RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 116

·1· ·various sizes.· So whatever Executive might have ·2· ·used for a stretch section on a Cadillac in 1989, if ·3· ·it was 100-stretch Armbruster or Classic, I mean ·4· ·other converters would be using the same piece of ·5· ·glass because that was the glass that would fit the ·6· ·contour of that car. ·7· · · · · ·Q.· And if you were looking for that glass ·8· ·today, could you go to a custom glass manufacturer ·9· ·and have them cut you a piece of glass for a vintage 10· ·car? 11· · · · · ·A.· Sure you could.· I mean if it's tempered 12· ·period glass or a lot of it is laminate glass, you 13· ·can get the glass.· There's just not much demand for 14· ·it.· Even in business today, I don't think anybody's 15· ·called me for a piece of glass, and we've been out 16· ·there since 1958.· I haven't received a phone call 17· ·for any specialty glass in years other than a 18· ·commercial windshield for an old Superior or an old 19· ·S&S or older hearse, the windshields which are tough 20· ·to find. 21· · · · · · · ·MS. GAN:· That's all I have. 22· · · · · · · ·MR. WOOTEN:· All right, I don't have 23· ·anything. 24 25

800.211.DEPO (3376) EsquireSolutions.com RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 117

·1· · · · · · · ·REPORTER'S CERTIFICATE ·2 ·3· · · · · · · ·I, DEBBIE HANEY, a Certified Court ·4· ·Reporter within and for the States of Missouri and ·5· ·Kansas, hereby certify that the within-named witness ·6· ·was first duly sworn by me to testify to the truth; ·7· ·and that the deposition by said witness was given in ·8· ·response to the questions propounded, as herein set ·9· ·forth; was first taken in machine shorthand by me 10· ·and afterwards reduced to writing under my direction 11· ·and supervision; and is a true and correct record of 12· ·the testimony given by the witness. 13· · · · · · · ·I further certify that I am not a 14· ·relative or employee or attorney or counsel of any 15· ·of the parties, or a relative or employee of such 16· ·attorneys or counsel, or financially interested in 17· ·the action. 18· · · · · · · ·WITNESS my hand and official seal at 19· ·Overland Park, Johnson County, Kansas, this 16th day 20· ·of May, 2016. 21 22 23· · · · · · · ·______24· · · · · · · · · ·DEBBIE HANEY 25· · · · · · · · · ·Kansas CCR NO. 1490

800.211.DEPO (3376) EsquireSolutions.com RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 118

·1· ·STATE OF ______) ·2· ·COUNTY OF ______) ·3 ·4· · · · · · · ·DECLARATION UNDER PENALTY OF PERJURY ·5· · · · · · · ·I declare under penalty of perjury that ·6· ·I have read the entire transcript of my deposition ·7· ·taken in the captioned matter or the same has been ·8· ·read to me, and the same is true and accurate, save ·9· ·and except for changes and/or corrections, if any, 10· ·as indicated by me on the DEPOSITION ERRATA SHEET 11· ·hereof, with the understanding that I offer these 12· ·changes as if still under oath. 13· · · · · · · ·Signed on the ______day of 14· ·______, 2016. 15 16 17 18· · · · · · · · · ·______19· · · · · · · · · ·RICHARD LESTER 20 21 22 23 24 25

800.211.DEPO (3376) EsquireSolutions.com RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 119

·1· · · · · · · ·DEPOSITION ERRATA SHEET ·2· ·Page No. ______Line No.______Change to:______·3· ·______·4· ·Reason for Change: ______·5· ·Page No. ______Line No.______Change to:______·6· ·______·7· ·Reason for Change: ______·8· ·Page No. ______Line No.______Change to:______·9· ·______10· ·Reason for Change: ______11· ·Page No. ______Line No.______Change to:______12· ·______13· ·Reason for Change: ______14· ·Page No. ______Line No.______Change to:______15· ·______16· ·Reason for Change: ______17· ·Page No. ______Line No.______Change to:______18· ·______19· ·Reason for Change: ______20· ·Page No. ______Line No.______Change to:______21· ·______22· ·Reason for Change: ______23 24· ·SIGNATURE:______DATE:______25· · · · · · · ·RICHARD LESTER

800.211.DEPO (3376) EsquireSolutions.com RICHARD LESTER May 05, 2016 EXECUTIVE COACH vs. SPV COACH 120

·1· · · · · · · ·DEPOSITION ERRATA SHEET ·2· ·Page No. ______Line No.______Change to:______·3· ·______·4· ·Reason for Change: ______·5· ·Page No. ______Line No.______Change to:______·6· ·______·7· ·Reason for Change: ______·8· ·Page No. ______Line No.______Change to:______·9· ·______10· ·Reason for Change: ______11· ·Page No. ______Line No.______Change to:______12· ·______13· ·Reason for Change: ______14· ·Page No. ______Line No.______Change to:______15· ·______16· ·Reason for Change: ______17· ·Page No. ______Line No.______Change to:______18· ·______19· ·Reason for Change: ______20· ·Page No. ______Line No.______Change to:______21· ·______22· ·Reason for Change: ______23· ·SIGNATURE:______DATE:______24· · · · · · · ·RICHARD LESTER 25

800.211.DEPO (3376) EsquireSolutions.com

EXECUTIVE COACH BUILDERS, INC.,

v.

SPV COACH COMPANY, INC.

OPPOSITION NO. 91212312

APPLICANT’S TRIAL TESTIMONY DEPOSITION OF RICHARD LESTER:

EXHIBIT 47 ECB000I 65

Il ____

September 2001 Vol II No $4.95 The Voice of the Limousine Industry

y_ tc1v

TikI iJBLtJi

-4

1-

Exhibit fta ECB000I 66 ECB000I 67

EXECUTIVE COACH BUILDERS, INC.,

v.

SPV COACH COMPANY, INC.

OPPOSITION NO. 91212312

APPLICANT’S TRIAL TESTIMONY DEPOSITION OF RICHARD LESTER:

EXHIBIT 48 11/25/13 EXIT STAGEWAY Era Ends At Fedarof Coach Vehicles LCT Magazine 080 000

Exhibit Is

sign In Operator of the Year Subscribe Browsietter Oteitsi littlilort Advertise with us

Nov 2013 Issue

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Vehicles

EXIT STAGEWAY Era Ends At Federal Coach

Poetei on Mardi 2010 WI Staff Also this author ryj 24t0by by

FOLLOW-tiP Federal Coach shuts dow its storied limousine plant that traces its roots to the

19th century stagecoach era NLA President DianeForgy and industry consultant Tom Mazza

are quoted In farewell feature

EDITORS NOTE For background information on the Federal Coach sale and closuie check

out I.CT Magazines Federal Coach artIcle

FORT SMfli-l Ark What was born in Fort Smith the stretch limousine may be dying here

with the closing this spring of Federal Coach

Full assess to the entIre Lerarchlve of conteof The company manufaclurer of funeral hearses limousines and buses announced in

fUll access to our entire library of statistics trorsour December its plans to shut down its Fort Smith plant permanently in the spring eliminating 140 annual Fact Bock oditlana jobs Layoffs began March 12

Ootaied slatisticat data on the lireceabte anti

of sales end for the J.B Polndexter chsstfoursd transportation Industry In December Bill Flint vice president marketing Co

Vehicles that Federal saId the bus line sales had member Specialty Group owns Coach companys Already Sleije

diminished to that made to sell the line to Starcraft In Ind the point It sense Goshen

Cremations and their Increasing popularlly have diminished the need end demand for hearses

so the of those Is being consolidated with Peindextera Eagle Coach plant manufacturing Sign up for LCTs weekly e-newsletter to

operations in Amelia Ohio receive latest news articles and events Information

of in Forl Smith It is the limousines that have along storied history manufacturing

Enter e-mail address hare Birthplace

Maw the latest enewsletter here Smith and Armbruster Inc as the where the first Multiple onlIne sources cite Fort Co place

stretch limousines were made in 1923

According to 1969 article in Bus Ride magazine the first stretchout motor coach was built in

about 1923 when Jordan Bus Co came te Tom Armbruster to ask ifhe could stretch cut

touring car for its growing bus line

Charles Kaiser and Prmbruster itself was founded in 1887 in Fort Smith by Tom Armbruster

of Waiter Walkford for the purpose of building and repairing all kinds horse-drewvehicles

states May 28 1967 Southwest Times Record feature

into the manufacture of The firm later moved into Ihe repair of early automobiles before getting

stretch limousines

car in When Armbruster began those operations it expanded the vehicles by cutting two the sections adding seating and an extender segment to the middle then putting together

egsin

1/4 11/25/IS EXIT STAGEWAY Era Ends At Federal Coach Vehicles LCT Magazine

On May 1950 Ed Robben bought Armbrusler Ha had ties to the vehicle sales distribution

company Stageway in Cincinnati Stageway end Arrnbruster formally merged in 1966

becoming Armbruster/Stegeway

At Robbens takeover in 1950 Armbruster had five employees and converted about 20 to 25 JIM LUFF Helping Employees When Life limousines annually in 10000 square-foot manufacturing space dowotowo Gets Rough

By 1967 it had 55 employees working in 50000 square-foot turning out 350 to 400 space Driving Tip Dealing With Fog and Dust customized units annually 1ST Fast 40 Great Source For Industry The Ideas Talk history alone of Federal Coach then going back to Armbruster Is long saId Lowell

Webb materials planner at Federal Coach it wee in the Fort Smith area for 100 yeere You JIM LUFF Are You Supporting Your Fort said Smith Arkansas and it was associatod strongly with carrlsges then limousines Fort Community

Smith and this place coincided with each other Fort Smith grew and so did this industry Drlvlng Tip Check Your Blades Tires In Winter Armbrueter/Stageways manufacturing facilities end work force became Federal Coach in the

1990s after the had bean sold to Executive Coach Builders few fl early compeny years before

Webbs last scheduled day on the lob is April he said LCT Store

Market Shifts LCT Magazine Wove mber

Fort Smith Youre in the limo capital of the world said Tom Mazes co-author with Michael

Bromloy of Stretching It The Story of the Limousine and business consultant based in LCT Magazine -November 2013 Philadelphia He said Federal Coach is good company and he was sorry to hear about the

plant dosing

dont went to say the stretch limousine is dying but its on life support said Mso its

cultural thing

Stretch limousines used to appeal to two or three markets corporate customers wealthy BIOGRAPHIES

buyers of luxury vehicles and commerciel fleet companies that serve business clients and Whos who of the Limousine Chader end Tour

Is the to find leisure users Industry BiographIes place out

The BUY has eaten into the traditional buyer of stretch limousines Mazze said The party

bus siso has supplanted It dont know the exact number but Fm comfortable saying that in

1991 we might have built 9000 to 10000 stretch limousines Last year it might heve been only The 2000 stretch SW and bus business has helped but only fewbuilders are making any money

in 1990 where there were about 60 makers of stretch limousines there now are about IS he

said

Ed Greoh president of Knjstal Koach In Bree The cost of cars like thb Lincoln Towocer that companies would convert into stretch limousines CaRL changed the course of stretches forever when with hIs own money he crash-tested also has dlmbed squeezing profit margins read more

company such as Federal Coach in 1990 could buy Lincoln Towneer for $16000 convert it

and sell It for $55000 Now It costs $37000 end theyre not getting much more in sale price

said has then 25 years ego Mezza The margin disappeared

Following the terrorist attacks of Sept 11 2001 and the recent onset of tho Greet Recession

corporate renters and buyers of stretch limousines now feel the vehicles are too opulent

They project an image of wasteful spending said Diane Forgy National Limousine Assodation

she said .. shifted out of limousines and into president It really has shifted quite bit They sedans and SUVs

Feeling it

Webb said when he started working et Federal Coach 10 years ago sales still were strong and

easier to make As they have withered it has been harder and harder

the of it but what it affects when it does he said Im losing ejob its not just history alone go

but 1001 at the companies around hera that supply us

Federal Coach Mike Copher president of Shamrock Bolt Screw said Shamrock has supplied when other stretch limo businesses wore with parts for about 10 years it survived for so long

merging or closing because of its work force

of he said feel there wsra The skilled labor wee here to do the stretching limos

2/4 wMMtctmsg 11/25/13 EXIT STAGEWAY Era Ends At Federal Coach Vehicles LCT Magazine ECR00001

generations who have worked In thIs business Certain skills cant be learned except by being the Job and things of that nature You have to pick it up to learn it

Shamrock will feel the loss of the Federal Coach business but It wont affect employment at its

rod Smith location But the loss vAil be felt in other ways in the community Copher said

Armbruster then Federal Coach gave Fort Smiths own image luster It might not have had

with mere everyday product

Owncrs of Armbruster and Federal Coach limousines have included such notable people as

National Review magestne founder publisher and editor Willam Buckley Jr the Pasha of

Lebanon heads of state celebrities iik Sylvester Stalione and assorted royalty

Copher said It has been disheartening to see Federal Coach lose its vitality In recent years

Its something this area has been skilled in doing that other areas ware not ha said

In 1957 300 Armbruster limnoustnes were being used at John Kennedy International Airport

in New York alone ArmbrusterlFederal Coach was branded vehicle known and used around

the world

Unless where itll be someone comes back in here end picks up it anded Just fnamory Webb said People Just wont think about Federal Coach here any more

Source Arkansasl4ews.comlArkensas News Bureau

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EXECUTIVE COACH BUILDERS, INC.,

v.

SPV COACH COMPANY, INC.

OPPOSITION NO. 91212312

APPLICANT’S TRIAL TESTIMONY DEPOSITION OF RICHARD LESTER:

EXHIBIT 49 xecutive Coach Builders ECB has isfaction to save few doilars Bakare 2006 and has very strong engineering

always been one of those modest transformed ECB into the one-stop shop background He took over the burden of

companies that preferred to let with an enviable lineup that includes Sprint the day-to-day production management

Its products do the talking For more than er conversion 120-inch MKT limo 140- and oversaw the transition of ECB to an

35 years the QVM builder has been qui inch Chrysler limo 140-Inch Navigator limo automated CNC system in several depart

etly producing quality vehicles and rela 165-Inch Escalade limo and full range ments to increase efficiency and quality

with line That tionships its longtime and loyal cus of limobuses ECB worked behind the consistency in our product move

tomers According to President David scenes to retool so that it could produce has paid off huge dividends already

Bakare ECB has now earned new dis an assortment of vehicles for operators of The industry is still trying to get its

tinction as the nations largest coach every size and budget bearings on what vehicles it will need

builder by not only surviving but thriving and what its customers will desirein the

after few tough years at the beginning next few years and Bakare wanted to make

of the recession sure that he could be their partner right

Driven by sales of the new Lincoln through that transition

Bakare best the vehicle MXT limo Sprinter GMC conversion vans says it mar

Range Rover and custom conversions in ket is fluid The longtime standard the

Town has been retired and the indus Asia market it ha-c served since 2006 Car

favorite sedan has not ECB is the busiest Its been In years Bakare trys new yet

The once market for notes that its plant is fully operational and emerged impressive been lux fully staffed thanks to three straight years stretched SUVs has eclipsed by

of increasing sales and production ury limobuses and sprinters Tomorrows dif Bakares strategy was beautiful in its transportation service will look very

simplicity in order to stay competitive in One of the key moves during the ferent from yesterdays

an evolving marketplace he saw better retooling process was promoting my broth People dont want the same thing of he want options than slashing available models er James Bakare to Vice President anymore says They limousines

diver- and sacrificing customer service and sat- Operations James has been with ECB since buses shuttles Sprintersthey want

Exhibit 4- 20 LIMO DIGEST JANUARY 2013 Lt4e1- SPV0000034O

dh declared but You sity We made the decision very quickly that to offer he says Bakare predicts healthy many had all dead cant

we couldnt just be limousine builder we growth for Lincoln MKT limo and Sprinters substitute the sex appeal of lImousine

had to make whatever our customers want as well with bus ore van he says limousine

ed Not only are we the number one coach- is still limousine It gIves you that wow

in factor when With other builder based just on volume but also you pull up types

what we offer Its little more expensive of vehicles you only get that wow factor Peo pie dont want the same for to that when the but the limou us run production way but were you open doors thing anymore They want here to serve our customers and give them sine has both Its part of the fabric of our limousines buses shuttles what they want have to take care of our oulture they need diversity customers needs so that they can take Thats the kind of frank talk that his

care of their customers requests customers have grown to respeot and more DAVID BAKARE Domestic demand has been expo importantly trust with their buying deci

sions hear me about nentially inoreaslng since April 2012 says When people talking

Bakare ECB displayed several vehIcles at While he is proud of all of the prod it they know that Im sincere about the other models the most recent Limo Digest Show this uots his company offers he doesnt try to MKT After all have all the

past November including its popular Sprint hide his affection for the Town Car replace to sell them Most of our customers dont

er model and 120-inch 10-passenger Lin ment Its bit more expensive than other have the cash flow they had.in the past make bad deci coln MKT He says that oustomer Interest limousInes but like everything in life you so they cant afford to

in interest that make was strong and that they are hungry to get what you pay for Its the only car in the sion Its my best they

buy againand they did plenty of looking industry that is built to be stretched 120 the right decision for their companies so and and buying inches carry that many passengers and they can continue to be around grow

believe the MKT Is the best We had four times the attention on designed to hold up for many years of rig truly option

available in the market the Sprinters as on the MKT but when it orous livery use he says today period

if its different came down to buying we had four times According to Bakare the MIKT has And they decide type the sales with the MKT People are seeing breathed life back Into the limousine mar of vehicle they want well ECB produces

limousine market that too LI the benefit of the car and like what It has ketyes the same that

JANUARY2013 LIMO DIGEST 21

SPV0000034I

EXECUTIVE COACH BUILDERS, INC.,

v.

SPV COACH COMPANY, INC.

OPPOSITION NO. 91212312

APPLICANT’S TRIAL TESTIMONY DEPOSITION OF RICHARD LESTER:

EXHIBIT 50 6t1912015 Executive Coach Builders Carries Limousine Legacy Forward People LCT Maggzlne

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Page of31

SPRINGFIELD Mo look at the

business performance and plans of

Executive Coach Builders proves

that talk of the death of the stretch

limo is exaggerated

for LCTs free e-newsletters After recession that wracked and Sign up

almost sunk the stretch limousine Enter e-mail address here

manufacturing sector ECB has here View the latest enws1etter emerged as the largest limousine

manufacturer in the world with one

quarter of its vehicles exported to

nations around the globe

Somebody must have done

something right All indications point

to the man at the top DavId Bakare

who celebrates 20 years this year as

owner of ECB Hes banking on the

growing popularity of the MKT

stretch limousine the successor to

the Town Car sedan stretch to keep his company at No

Bakare spoke to LCT at length in April and May his first major interview with the

magazine in almost five years Much has happened in the limo manufacturing sector

and at ECB during this challenging half-decade requiring Bakare to adjust to new

realities so his business stays out front

Wider Demands

Foremost limousine operators today are buying wider variety of chauffeured

vehicle makes models styles and configurations Bakare says Before the 8PV00000333 1/6 B119/2015 Executive Coach Builders Carries Limousine Legacy Forward People LCT Magazine

recession ECB produced four key limousine models Now it offers 15 different ones

have in We cant business one segment to sustain ECB It may be inefficient to

manufacture but you have to produce almost anything the customer wants

To build more vehicles for diversified marketplace coachbuilder has to redefine

efficiency Bakare says The old approach of building few models with sizable

economies of scale has yielded to the higher production costs and lower profits from

sustaining multiple model lines The new approach still makes money but requires

more effort and expense to keep customers happy

People want variety Bakare says They want the Sprinter party car limos all

types of vehicles We have to evolve and adjust to customers demands

FASTFACTS Executive Coach Builders Blogs

Location Springfield Mo

Founded 1976

Founder John Bumgarner 1944-2009 Is the Stretch Dead Current owner David Bakare Pres Counter Punch Acquired 1993 See Mom Key models MKT stretch limousines Sprinter vans Navigators Escalade Chrysler

300 and GMC vans

Certification Quality Vehicle Manufacturer QVM

Employees 120 Crafty Uber Knows How To Make 2012 357 units Production Fool Of Politicians

Production 2013 450 units Stretch Crash Media Mangles The Vehicle models 15 Safety AngleAgain

seller Lincoln MKT Evolution stretch limousine Top See More

Annual revenues NIA privately held

Key executives James Bakare vice president of operations Murray Wolkove sales

manager Abby Bakare head of accounting department

Website www.ecblimo.com My Surprise CHP Inspection Early One Morning Contact 417 831-3535 Back To School Time Means Driver

Recession Bounce-Back Discipline

See More Like most U.S coachbuilders the

recession hit ECB hard Annual

vehicle production plummeted

from 600 units in 2007 to 180 just London Cabs The Knowledge Test two later Annual production years irrelevant

then rose to 357 units last year Could TNCs Become Farm Leagues and is at 450 for this projected For Chauffeured Car

ECB is on track to meet its year See More

of about 500 annual units in goal executives Jams Bakare and David Bakare

2014 work with limousine craftsmen and production team LCT Store

members at the Springfield plant to design and LCT Magazine August The growth in demand from Cadillac and construct diverse line-up of uncoin 2015 and Escalade foreign markets helped sustain Chrysler stretch limousines Navigator $1 2.95 super-stretches and Sprinter vans EC during the recession as COVER STORY How Diane

Forgy Can inspire You domestic demand for stretch

limousines fell Its share of exported vehicles rose from 10% to 40% of total

Bakare the production Since then it has rebalanced to about 20-25% says During

thank have slowed recession export business was steady God Now when exports Popular Topics

down domestic demand has picked up breaking news cadiuac Califoniia

operators customer service Driving Green 3FV00000334 2/6 8/1912015 Executive Coach Builders Carries Limousine Legacy Forward People LCT Magazine

EUB Ford QVM manufacturer is seeing greatest demand for the Lincoln MKT Fleet Vehicles industry events industry

trends Jim Luff limo tradeshows mobile Town Car stretch limousine the successor to the Town Car sedan stretches that

applications motorcoaches new vehicles have ruled the limousine market for decades Sprinter vans are close second passenger safety premium luxury sedans serving as the ideal base model for variety of limo bus shuttle and corporate van regulatory enforcement Sales configurations Marketing technology TNCs Uber

But the two base models fill complementary needs in the limo vehicle market The

MKT cant do the job of the Sprinter and the Sprinter cant do the job of the MKT

Bakare says

ECB also anticipates demand for the new Ford Transit limo This vehicle is poised

to put dent in the Sprinter market while creating niche of its own he says

There was lot of buzz when this vehicle was first introduced in February at the

ILCT Show and inquiries keep coming while we all await its arrival

CONTINUED Executive coach Builders carries Limousine Legacy Forward

PAGE 1I2I3INEXT

legs cosch-buiider profiles Oavid Eskare Executive Coachbuiiders timousine manufticturing

Lincoln MKT stretch limousine Lincoln OVM sprinter

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Trumps Chauffeur Hes Great Boss

Eddie Diaz has been driving The Donalds limo since 2000

and recently spoke about his interesting job and Infamous

passenger

Limo Company Blames Bob Simon For His Own Death

The driver had nine license suspensions and two speeding

convictions and was driving with one hand because his

suicide right arm had been rendered useless due to

attempt

Introducing The Limo Industrys Top Trade Show

Leaders

Play Smart Win Big The all-new NLA Show Committee is

priming some big plans for LCT-NLA Show East this fall

New York Operation Celebrates 25 Years In Business

Premiere Transportation of Albany looks forward to an

exciting future of fleet growth and technological advances

LCT Trade Shows Drive Record-Breaking Revenue To The NLA

The cooperation between LCT and the NLA boosts the

chauffeured service ______j cnllective fortunes of the global industry

SPV00000335

3/6 http/Iwww.lctmag.comfpeoarticIe/42405/executivcOach-builder5-carrie5-lim0u5inle9acyf0rWard 6/19/2015 executive Coach Builders Carries Limousine Legacy Forward People LCT Magina

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People

Executive Coach Builders Carries Limousine

Legacy Forward

Posted on June 24 2013 by Martin Romjue Also by this author

Post comment Qmments

Page of

New MKT Era

Customers at first hesitated over

the cross-over shaped MKT but

soon placed more orders for them

after buying one or two and trying

them out Bakare says Weve Sign up for LCTs free e-newsletters seen an explosion of MKT sales

Enter e-mail address here They realized its the best option

on the market Its not so View tfle latest enewsietter here

bad after all

Bakare admires the solid structure Manufac.. MW.Y and techniques have evolved and mechanical quality of the from the distinguished stagecoach and limousine MKT along with its equipment legacy of the original Armbruster-Stageway Company

that originated in the region The Lincoln MKT is all of which surpass the quality of

to the retired Town Car owner Oavid superior sedan the Lincoln Town Car sedan

Balcare says stretch models The MKT is

engineered to handle more weight

than Chrysler and Cadillac stretch limo models which ECB also makes he says

not the While following Cadillac Master Coachbuilder standards ECB does have

which not CMC designation because it builds Escalade super-stretches are officially

part of the CMC program

Bakare has observed that the MKT stretch is well suited to everyday use whereas

the limousines from the other two domestic automakers are better for weekends

They each have their distinct advantages and attributes he adds

Frankly was lukewarm toward the MKT but after youve been around it and driven

the all-wheel drive navigation solid it its like night and day says Bakare citing

structure and extra headroom There is no comparison The crossover is more like

The Town Car an SUV In the Town Car you had to bend down to get in and out

hotel but the MKT is like in suite with more is like nice room being SPV00000336 8119/2015 Executive Coach Builders Carries Umousine Legacy Forward People LCT Magazine

shoulder and headroom But both are in five-star hotel

Based on the sales and inquiries at ECB exhibits during three trade shows in the

past year the Sprinter appears to attract lot of crowds and curiosity but the MKTs

are sold at being about ratio of five to one Bakare says We thought the Sprinter would take over but people ended up gravitating toward and buying the MKT which

has since become the new darling of the industry Bakare says The great news is

that Ford Motor Company just announced that the MKT will continue to be the livery

and vehicle for the rest of the decade QVM This information is very significant

because it helps the industry plan its purchasing and production forecast for the next

five to seven years

Bakare finds some operators moving toward fleet mix of several MKTs and one Most Sprinter people dont get picked up at the airport in Sprinter he says Blogs

was watching vehicles at the Chicago airport and happy to see all the new MKTs

and coming through Town Cars and limos dropping people off Its different from two

years ago The industry is coming back Were seeing more activity in limousines

Is the Stretch than in the past Dead

Counter Punch The MKT is bringing people back to fundamentals what theyve always liked he See More says

Selling Points

Just as LCT marks its 30th this anniversary year Bakare celebrates 20 years at the Crafty Uber Knows How To Make helm of which in ECB opened 1976 He acquired the company by happenstance Fool Of Politicians

shortly after graduating from the University of Southern California where he studied Stretch Crash Media Mangles The His businessman computer engineering father Nigerian who is royal chief saw Safety Angle Again

Lincoln limousine his while visiting son in Los Angeles He bought one at See More

dealership in Westwood since U.S limousines were priced lower than those sold in

the U.K

thought it was cool toy Bakare recalls was kid 22 years old and liked My Surprise ClIP Inspection Early building things and was attracted to the limousines and thought they would be cool One Morning

Bakares Back To School Time Means Driver father at first planned to set up his son with Lexus dealership but when Discipline learned they that ECB in Springfield Mo was for sale Bakare raised money and See More pursued deal We bought ECB by accident The product was so beyond our

expectations was invited to come in as partner and when saw the product line

decided to buy the whole company 31iVLRPllt41I1

London Cabs The At the time ECB was at its lowest point with only 24 employees and production of Knowledge Test Irrelevant 25 vehicles per year It had been owned for period by an investment house Could TNCs Become Farm Leagues Bakare bought ECB from group of business partners who had previously bought it For Chauffeured Car from founder John Bumgarner in 1981 Much of the ECB limousine industry See More experience and institutional knowledge can be traced back to Doug Donalson who

the was first employee of Executive when it opened in 1976 After selling Executive LCT Store

Bumgarner went on to create Springfield Limousine regular fixture at limousine LCT Magazine August tradeshows Bumgarner died in December 2009 at 55 of complications from age 2O15 fall $12.95

COVER STORY How Diane Can You CONTINUED Executive Coach Builders Carries Limousine Legcy Forward Forgy Inspire

PAGE PREVII 12131 NEXT

Tags coach.buttder profiles David Bakare Executive coachbtslders limousine manufacturing Popular Topics breaking news Cadillac California Lincoln MKT stretch limousine Lincoln OVM Sprinter operators customer service Driving Green 8PV00000337 2/5 8/1912015 Executive Coach Builders Carries Limousine Legacy Forward People LCT Magazine

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Executive Coach Builders Carries Limousine

Legacy Forward

Posted on June 24 2013 by Martin Ronijue Also by this author

Est comment QQmmeotsi

Page of

Limo Legacy

In 1989 ECB absorbed the old RegistePNow

Armbruster-Stageway Company

stagecoach and limousine

maker that dates to 1886 ECB

bought the actual company Sign up for LCTs free e-newsletters

tooling and intellectual property

and relocated it to Springfield

Federal Coach and bought View the latest enewsletter here

occupied the old Armbruster

Stag eway factory in Fort Smith

__3 Owner ....t David Bakare .i and vice Ark until Federal sold off its

president of operations James Bakare are leading the divisions in 200w and 2010 So new generation of uncoin MKT stretch hmousine ECB stands as the primary production at the company plant in Springfield Mo

inheritor of the historic U.S

limousine and stagecoach legacy that originated in the southwest Missouri and

northwest Arkansas region which to this day has fourth generation limousine

manufacturing workers

Our factory is dedicated to Armbruster-Stageway Bakare says Its the oldest ever

and we link to their legacy lot of Armbruster technology and skill influenced ECB

the and was used to revive ECB It took years but we were able to pick up pieces

and create cornerstone of the limousine industry out of it

Two Decades Strong

milestones that In marking his 20th anniversary owning ECB Bakare cites some key

ontinue the companys distinguished historic limousine legacy

ECB has modified and sold about 60% of all MKT stretch limousine chassis

made so far by the Uncoln Motor Co Bakare says it has sold more MKT stretch

limousines than all the other coachbuilders combined SPV00000338

1/5 8/1912015 Executive Coach Builders Carries Umousine Legacy Forward People LCT Magine

ECB has received the annual QVM award from Lincoln Limousine Livery

Vehicles several times for its high quality production and manufacturing

performance

The company moved into new state of the art facility in 2006 along the

northern edge of Springfield visible from Interstate 44 heavily traveled east-

west route across Missouri and the Midwest

The company shipped over 600 vehicles in 2007 its peak production year It

orders in had back 2007-2008 of up to six months

ECB invented and patented the touch screen system that can show TV and act

in the as touch screen for interior controls It also patented single window

stretch with light behind it

ECB was the first coachbuilder in 2006 to get the CCC approval from the Blogs Chinese government to enter the Chinese market with full line of products

Driving Ahead

As Bakare enters his third decade of limo building the 42-year-old entrepreneur Is the Stretch Dead

plans toadd Armbruster Funeral and full bus manufacturing division that builds on Counter Punch his companys ability to bring quality well-engineered products to the marketplace See More He plans to have his bus line custom engineered

Were not going to rush this Bakare says We want to do it dght and take the time

so when we launch products that are problem free and engineered from the

beginning ECB plans to start out with three key bus models F550 F650 and Crafty Uber Knows How To Make Fool Of Politicians Freightiliner and then work into more diverse mix eventually reaching 12

models Stretch Crash Media Mangles The Safety Angle Again

planned bus deal with Perris Calif.-based Tiffany Coachworks announced in See More

not but remains Bakare 2011 was finalized Tiffany friendly competitor says We

still maintain very good relationship with Tiffany Coach and the owners are close

personal fdends of mine

My Surprise CHP Inspection Early Armbruster Federal will offer Cadillac and Lincoln funeral hearses vehicles including One Morning

and six doors Once those two divisions are in place ECB will make complete line Back To School Time Moans Driver of chauffeured vehicles Cadillac and and Lincoln Chrysler stretches Navigator Discipline

Escalade SUV stretches funeral vehicles Spdnter and GMC vans and minibuses of See More

multiple designs All evolved from historic manufactudng legacy catapulted to the

future by the new MKT and rooted in the heart of the modern limousine industry

Spdngfield has always been the capital of coachbuilders Bakare says London Cabs The Knowledge Test PAGE PREVIII2IS Irrelevant

Could TNCs Become Farm Leagues

coachbuilders limousine For Chauffeured Car Tags coach-bulkier profiles David Bakare Executive manufacturing

See More Lincoln MKT stretch limousine Lincoln OVM Sprinter

LCT Store View comments or nest commeflt on this story Comments LCT Magazine August 2015 Previous Next $12.95 COVER STORY How Diane Island Operation Far From Isolated Scott Solombrino Takes On Tough Industry Issues Forgy Can Inspire You

More News Popular Topics breaking news Oadiilac California

operators customer service Driving Green SPV00000339

EXECUTIVE COACH BUILDERS, INC.,

v.

SPV COACH COMPANY, INC.

OPPOSITION NO. 91212312

APPLICANT’S TRIAL TESTIMONY DEPOSITION OF RICHARD LESTER:

EXHIBIT 51 Pg 20 Armbrustar-Stagaway Howard-FuscoAFD May BOOK 2/9/15 318 PM

Exhibit C/ kT---- dh

8PV00000437 20 Pg Armbruster-Slagaway HQWd-FUSCOAFD May BOOK 219115 318 PMF4f21

8PV00000438 Pg 20 Armbruster-Stageway Howard-Fusco AFO May BOOK 219115 1037 AM Page 22

Left Sean Myers and Richard Lester with 1041 Henney Packard 3-Way Hearse from the Southwest Professional Vehicles

antique collection on display in their Kansas City Showroom Right worker polishes up newly-built Armbruster-Stageway

limousine in the early 1980s Photos oourtosy oIArnthruster-Stageway

of Federal Coach But in 2010 mer Armbruster-StagewaylFederal on the new XTS chassis was un

after the advent of the luxury 515W Coach workers and opened for veiled at the Kansas Missouri and and the party bus shrank de business in new building just Nebraska Tn-state Funeral Direc

mand for the traditional stretch south of Fort Smith in Hackett tors Association Convention in

limousine the original plants Arkansas Kansas City The response was pos

would again be shut down for the think we were driven by the itive Lester said We decided that that wanted we to into last time After 123 years it ap employees we to hire were going come town

of do and do it and far peared that nothing was left to rep said Myers president Arm it right .. so resent Armbruster-Stageway bruster-Stageway We wanted to it has worked When funeral direc the and the the have neither its trademark nor its assem pay homage to name tors see coaches some bled craftsmen workers we kind of came in and even used the word sexy to de

put the band back together We scribe it Its good looking car Puffing the Band Back think manufacturers have gotten Despite some calling them sexy Together Armbruster that the wasnt away from their ideals most agree design think the Yet Armbruster-Stageway would Stageway had very well-received over-the-top either once again rise from the ashes in and recognized name that had gone style of the new coaches retained and the conservative of the 2012 when Myers and Lester filed by the wayside our goal was to dignity fu and received approval to obtain bring back the well-built cars of neral industry said Todd Van

and use the abandoned trademark yesterday Beck veteran funeral director and

the first built educator and consul- arranged to rehire many of the for- In May 2013 unit experienced

Director March 2015 22 American Funeral

SPV000004S9 Pg 20 Armbruster-Stageway Howard-Fusco..AFD May 8001 2/9/15 1037 AM Page 23

Left the heads of Armhuster-Stageway as of December1984 Left to Right Danny Aldridge director of sales Jim Mankowskl CEO

Ross Rarrows president Right The Armbruster-Slageway Cadillac 6-door circa early 1980s Photos courtesy of Arubwster-Stageway

taut great amount of sensitive What seems to be the real innova you see is spark of imagination

design work went into them but tion is just how difficult it has been and fresh design that incorporates

none of them were ever overdone to design anything distinctive on the the older styles

hate to say it but so many current Cadillac chassis As McPher We wanted to bring back the

companies just do cookie cutter son explained Cadillac for safety look of the late 1950s early EOs

hearses think its sign of the reasons will not allow the manufac with interesting wrap-around glass in

times added Tony Karsnia presi turers to alter the A-pillars the wind the back Myers explained We de

dent of the Professional Car Soci shield pillars on the chassis because cided to style it first then reverse-en

ety Whats ironic is that we are the air bags are incorporated into gineer it Our intention was to build

in time of encouraging personal them As result many manufactur top-of-the-line look first

ization in funeral service but with ers build from the coach and limit History of Serving Those standardized equipment It used to their styling to something recycled Who Serve Families be that company would offer 10 from 1977 and have had 20 even 30 different models of The people at Annbruster-Stage Myers Lester expe

it that fu hearse to make to the liking of in way have done particularly good rience in learning what is

dividual funeral directors have to job with what they have had to neral directors want and need in

compliment Armbruster-Stageway work with McPherson said their cars Lester had originally ac

on standing out with pleasing mod They use historic styling cues to quired what was then called Superi

els offering variety of hearses resonate with the funeral industry or Southwest in 1982 in Dallas

with in with both wraparound windows They are doing something very in Myerss father Carl 1988

and the Landau style teresting their cars look good What the partners purchased Cram Sales

American Funeral DIrector March 2015 23

PV0000 0440 Pg 20 Armbrustar-Stageway Howard-Fusco_AFD May BOOK 2/9/15 1028 AM Page 24

in Atlanta Georgia and became

the largest distributor of funeral

cars in the United States When

Sean Myers was 19 he began his career in the business sweeping the floors in the shops learned everything from the back shop

where we do maintenance to used

car reconditioning do everything including cleaning the toilets he

said In 2004 the elder Myers be

came ill decided to retire and sold his share of the company to Sean

Based on what Myers and Lester

learned from serving funeral directors

for years with Southwest Professional Vehicles Armbruster-Stageway cars

would not be just about good looks

In our history with delivering cars

we got to know the problems out in

the field and we knew what we want

ed to do with Armbruster-Stageway

Myers explained It gave us hands fu on day-today experience in what

neral directors needed in their

vehicles What was most important to

them in the hearse was to get the back

of the car as wide as possible Now we could control what the finished

car was going to be

The unique yet practical fea tures of the Armbruster-Stagewa

hearses is that the back door is 45

inches wide in the rear enough to accommodate double oversize

casket Myers and Lester also saw

how funeral directors would often

struggle against the rear door when

loading and unloading casket In

order to eliminate this problem it

was decided double hinge would

be used in the rear door so that it

24 American Funetal Direetor March 2015

PV000 00441 Pg 20 Armbruster-Stageway Howard-Fusco_AFD May BOOK 219115 414 PM e25

could swing open 165 degrees and nice comfortable level he said charge Its frustrating We wanted out of the way while loading and Our goal may not be to have the to provide vehicle funeral direc

unloading highest volume but to have the tors want with the styling they

Design is now computer-gener- highest quality wouldnt rule out want and to be treated the way ated and so many companies rely us growing in the future as long as wed want to be treated and on solely that too much Karsnia we can kep volume our work New Era of Distinctive and said Armbruster-Stageway has ers think that speaks to lot of Individual Styling done an excellent job of taking our funeral directors in small town

step back and working to design America who need those manufac- Armbruster-Stageway has

something modern functional with turing jobs in their community in bright future in funeral service

quality but with touch of yester- order to thrive McPherson said Aside from their

year think theyve hit home run physical premises funeral direc Business by the Golden Rule with that tors motor equipment conveys to

Myers agreed The response has Although there is generation the community an image of the 1ev- been phenomenal he said We between them Myers and Lester els of service and professionalism

have had long wait list for deliv- act like family their firm renders he said As it eries since the beginning We Hes kind of like son in some moves about the community the

didnt want to increase production ways brother in others Lester funeral coach bearing funeral because said of too much we never want Myers Our working rela- homes nameplates is traveling

to get into situation where we tionship has been fantastic because business card and pretty accurate

would have to lay people off We of it We dont have any of that dot reflection of the owners business

just let people know our cars come the is and cross the ts stuff We do and the standards he has estab

with wait list things by the Golden Rule and if lished and maintains The advent of

In 2014 as if to demonstrate its you do that you cant go wrong distinctively-styled vehicles from renewed success an Armbruster- That philosophy carries through Armbruster-Stageway may well Srageway vehicle would once again to how the company conducts buai- have dramatic impact on the in-

be used by celebrity this time in ness Myers said We care about dustry as whole These vehicles the funeral of former Washington the product he said For me its may well usher in new era of dis line tinctive D.C mayor Marion Barry Jr But my reputation on the think and individual styling

despite the appearance in some- its similar to the quality of care in Perhaps the current success of thing so high-profile Arnibruster- funeral home If put my name Armbruster-Stageway and its fix

Stageways public image has on it Im going to make sure pro- ture lies in the passion and dedica

historically been more subdued vide quality tion of its owners

Armbruster-Stageway has al- Lester agreed All too often peo- If your heart and soul isnt into

ways played it low key they were pIe go out and buy something and something its not going to be the best never at every convention or blitz- the people there are nice to you and it can be Its the last thing on ing the magazines with ads Van they take your money but then my mind when go to bed and its

Beck said And yet the name sur- they dont want to hear from you the first thing think of when get

vives despite that afterward he said Nowadays up This is all we know and we

It seems Myers plans to continue theres lot of corporate bureau- love what we do Lester said

this tradition build five and its hard deci- is back We cars cracy to get Armbruster-Stageway

think sion it in and its week 250 per year its made seems nobodys now going to stay

IT

Amarican Funeral Director March 2015 25

SPV00000442

EXECUTIVE COACH BUILDERS, INC.,

v.

SPV COACH COMPANY, INC.

OPPOSITION NO. 91212312

APPLICANT’S TRIAL TESTIMONY DEPOSITION OF RICHARD LESTER:

EXHIBIT 52 8/25/2015 .Armbruster Introducing Stageway hearses Friends of the Professional car Society Official Website of the Professional Car Society Inc

Friends Pro Of The feSi0fl1 Car Society

About Exhibit Uc BM DateS -5- dh a9 pfsts$ tAt

Friends of the Professional Car Society Official

Website of the Professional Car Society Inc Professional Car Discussion General Discussion User Name.Ijser Name Remember Me 11 Forum Password jinj tj4 Introducing Armbruster Stageway hearses

Home RegIster FAQ invite Friends Forums Photos Links Calendar

Notices

The Friends of the Professional Car Society is the official website of the Professional Car

Society Inc Society Our membership is primarily dues paying members of the

Society however it is not requirement that you belong to the Society to participate in our website The professional car is loosely defined as custom bodied vehicle based on

passenger car styling and used in the funeral rescue or livery services Such vehicles may be hearses flower cars service cars ambulances limousines or cars which are specially built to combine two or more of these different functions-combination hearse-

ambulances sedan-ambulances or invalid coaches The Society was founded in 1q76 to encourage the preservation of such vehicles At that time many of these vehicles had no established classes in multi-marquee antique car organizations The Societys growth

since that time has helped to establish the position of the professional car in more clubs and shows and has served to preserve many of these vehicles for future collectors to restore and enjoy

General Discussion Forum For the general discussion of Professional Cars

Last

Thrcad Tools cy Display Modes

O507-2O13 1143 AM 11

Join Date Mar 2009 Location Bostic NC 28018 Posts 331 Thanks 1893 SPV000001 82 http//www.professionalcarsoclety.org/forum s/showthread.phpt 12378 1/10 8/25/2015 Introducing Armbruster Stageway hearses Friends of the Professional Car Society Official Website of the Professional Car Society Inc

Kent Thanked 966 Times in 277 Posts Dorsey Groans PCS Member Groaned at Times in Posts Super Site Supperter

Introducing Arm bruster Stageway hearses

Armbruster-Stageway hearses for 2013..

http //arm brusterstageway corn

SPV000001 83

2/10 http//www.professlonalcarsociety.org/forUms/showthread.PhPt 12378 8/25/2015 Introducing Armbruster Stageway hearses Friends of the Professional Car Society Official Website of the Professional Car Society Inc

flLU.l lcd III

SPV00000I84 3/10 http//www.professionalcarsoclety.org/forurn s/showthread.phpt 12378 812512015 Introducing Armbruster Stageway hearses Friends of the Prolèssional Car Society Official Website of the Professional Car Society Inc

73 M-M 76 M-M 77 Si 92 96 08 90 Superior

SPV000001 85 http//www.professionalcarsociety.orglforums/showthread.phpt 12378 4/10 8/2512015 IntroducIng fimbruster Stageway hearses Friends of the Professional Car Society Official Website of the Professional Car Society Inc

The Following 23 Users Say Thank You to Kent Dorsey For This Useful Post

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O5-07-2O13 1157AM

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Danny Ryder Thanks 1433 PCS Life Member Thanked 2196 Times in 900 Posts Groans

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have seen worse

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We have match 1J

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Groaned at Times in Posts

In my humble opinion that is just awful If was Funeral Director looking for coach would spend the $$ on the restoration of vintage coach or buy really nice 95-96ish LT1 Cadillac or even clean used DIS chassis coach would do anything before put my name plates in the window of this thing

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Bill Head 06-27-2013 Jay Maynard 05-07-2013 Jeremy Ledford 05-07-2013 Jim Staruk 05-07-2013 Stephen Mayfield 05-07-2013

05-07-2013 0145 PM /ts

Join Date Jan 2011 Onta Location castleton r%1gy60Jc1%TD

6/10 http//www.professionalcarsociety.org/forums/shcWthread.phpt 12378 8/25/2015 Inc Introducing .Armbruster Stageway hearss Friends of the Professional Car Society Official Website of the rofessionaI Car Society Mike Posts 1232 Boyer Thanks 3633 Website Member Thanked 1746 Times in 710 Posts SQ Groans Stipparir Groaned at Times in Posts

But to the general public .does it really matter to most people out there hearse is

just hearse they all look the same If it has landau bars on it it must be hearse Thats what the general public thinks Am wrong

Proud Eureka Coach Company of Toronto Owner

1987 Eureka Cadillac Concours landaulet Endloader FWD WC Hiltz Funeral Home Kentville Nova Scotia Canada 1987-2010

1978 Horton Type Ill Chevy Ambulance Myerstown First Aid Unit Myerstown Pennsylvania 1978-1997

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Join Date Mar 2009 Location Mt Airy MD 21771 Steve Lichtman Posts 2896 Thanks 1210 Thanked 6992 Times in 1921 Posts Groans

Groaned at Times in Posts

Im no expert but Im with Danny This is not the worst design Ive seen its not too bad Probably the best they can do given the state of the base Cadillacs or Lincolns available

Honestly didnt know Armbruster-Stageway was still around..

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Groaned at Time in Post

Quote ______

Originally Posted by Steve Lichtman Im no expert but Im with Danny This is not the worst design Ive seen its not too bad Probably the best they can do given the state of the base Cadillacs or Lincolns available

Honestly didnt know Armbruster-Stageway was still around..

think they were gone but guess they are making come back

0507-2013 0305 PM

Join Date Mar 2009

Location Lebanon TN 37090 Shop Springs community Jeremy Ledford st162 PCS Volunteer President Chapter Thanked 2856 Times in 1039 Posts Groans

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ttA

Id be intrigued to see one of these in person when built This is kinda out of the blue to

int it Armbruster-Stageway First Ive heard of this resurrection Good to see ole name come back but hope it doesnt get tainted and soiled in the process though

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In my opinion based on other coachbuilders renderings of XTS hearses dont think this design is too bad In fact applaud their efforts to recreate the late 1950s-1960s design of Superior Crown Royale No this is no commercial glass car and yes the windows

are still small in proportion to the large top hat but theyre making an attempt to

incorporate some style into the thing i.e the wrap-around quarter windows

was recently in receipt of some photos of the prototype car that is basically the

brochure car. .limousine style on one side and landau on the other While do not have

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permission to post the photos here yet do feel they are off to good start with this design

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Posted by Mike Boyer

But to the general public does it really matter to most people out there

hearse is just hearse they all look the same If it has landau bars on it it must be hearse Thats what the general public thinks Am wrong

No your not wrong Your absolutely right Procar enthusiasts are the hardest critics of coaches The ones that collect restore and love vintage coaches are even harder on the new coaches with most of us loving the lines proportions sexy curves and class is of vintage coach None of which this Armbruster-Stageway has

Although will say showed it to coworker who knows nothing about hearses nor cares to and he said Thats cool Roof looks kinda funny though

do think its cool/strange to see the Armbruster-Stageway name again Pretty neat

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and nice car actually like them limo style better even had ambruster stageway limo was SPV00000192

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thought they made the first doors could be wrong

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nice to the smaller do the see name out rest not bad at lest it dosent resemble pick up camper

drop in for coffee anytime

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John Public thinks

Weve discussed the topic of matching fleet here before feel you should at least use the

same color and brand Much to my surprise the public isnt picking up on the age of the coach

or other cars Of course its tough since the design doesnt change often.. .Maybe this is guy thing... Do those of you in the business worry about what people think of your fleet

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No doubt these are former Federal Coach employees who have started this venture wonder if theyre actually certified Cadillac Master Coachbuilder dont see their company name listed on the Cadillac website

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Is somebody jerkin our chain

That phone number is Southwest Professional Vehicles and Air Conditioner Parts in Dallas Are we about to see another generation of dealer-built cars Texas Bondo Sculptures Or Is this for real Cant find anyone at Cadillac that seems to know

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Originally Posted by Brady Smith

That phone number is Southwest Professional Vehicles and Air Conditioner Parts in Dallas Are we about to see another generation of dealer-built cars Texas Bondo Sculptures Or is this for real Cant find anyone at Cadillac that seems to know

Brady Southwest is building their on cars now and maybe they bought the rights to the Name

of Armbruster have talked to Richard at Crams in Marietta which is part of this group so

knew they were building cars now but didnt know what they were calling them They have

been getting this in the works for several years now

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Well like it and wish them well Id love to have one

was taught to respect my elders Its just getting harder to find them.@

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This is the company that owns Southwest as Brady alluded to It is former Federal employees hired for resurrected Armbruster-Stageway name My understanding is that they are cadillac certified Master coachbuilder More photos later.. here are the raw photos..

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Does the public notice No not at all

After all every hearse is Cadillac.. Right

That comment that get all the time shows how much the general public is informed

am glad that am not the only one that is interested in seeing more of this styling

understand that this is just prototype vehicle but would really like to see photos of the rear

of the coach Especially those quarter windows It has been long time since we have seen

more than just the door window on the back of hearse

do wish that they would drop the landau down in the front just few inches though Line it up with the top of the doors and create more flow from front to back

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is it me or does the rear section of that coach from the rear door back look odd maybe

its the picture but it looks like the rear panel is flared out bit

Charles is right the landau should be lowered few inches and do like the Tiara band on it

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the Seems like scary time to get in the coach business. .1 keep hearing how Accubuilt is on skids no great donor vehicles to work with firms going to converted minivans and SUVs and these guys

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taillamp...cool look

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This is much better looking and more creative design than the other attempts on the XTS As Tony

said it would look much better it they would pony up and make commercial glass car instead of having that top hat/tall roof look dont have my books at hand but the rear quarter window treatment reminds me of some of the mid-50s cars Superior and maybe SS Seems like Superiors window had

more curved corners while SSs were notched like these The back door treatment/hinging is certainly

something were not seeing From the looks of it my bet is its top-hinged European style door The

volume of the new hearse market has dropped so much it hasnt taken much to send the whole industry

into tailspin

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Originally Posted by Mike Boyer is it me or does the rear section of that coach from the rear door back look odd

maybe its the picture but it looks like the rear panel is flared out bit

saw that also It looks like the rear axle width might have been widened Maybe the traditional

width wasnt enough to put the interior styling that was needed Looks like only the bottom portion of the body was widened though and not the whole way up

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Quote

Posted by Mike Boyer is it me or does the rear section of that coach from the rear door back look odd maybe its the picture but it looks like the rear panel is flared out bit 7..

Probably is Remember most of the 60s and 70s pro-cars we collect are widened in the rear

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Originally Posted by Steve Lichtman Probably is Remember most of the 60s and 70s pro-cars we collect are widened in the rear

But most of those coach companies gradually made the cars wider from front to back Usually

starting at the front of the front doors and going back We just arent used to seeing the flared out wheel wells like this one has

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More in the raw..

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Relatively small budget splitting landau limo on single prototype This one has Carls name all

over it

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am glad to see traditional side opening rear door and not the hatch that someone mentioned Disappointed that the quarter windows dont seem to wrap around the back very far and am

really not sure what think of the almost full width 3rd brake light across the top am still on the like the overall design side of it

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was just thinking last night and looking at the pictures that there was no rear shot of the prototype and if you looked at the rear side windows you could not see any part of the rear door so it got me thinking either they didnt put rear door on this prototype for display purposes or the for rear door has picture window rear window witch now see it does thats big window Im also glad to see no hatch back

but agree Its better looking then what the others are bringing out really like the wrap around rear side windows nice touch

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can see some problems brewing with placement of the rear bier pin on the floor on the left The

bier pin will eventually get sideswiped by casket as it goes into the rear and depending on where

the bier pin catches the casket could potentially leave mark or etching down the side of the casket. not good..

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Relatively small budget splitting landau limo on single prototype This one has Carls name all over it

hope this car gets saved as is and not turned into full Landau after its demo life Is over would have preferred the window on the curb side but on can NOT deny the instant collectible status

The scrutiny was more than bargained for Dr John Jensen

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Quote

Originally Posted by Kent Dorsey

can see some problems brewing with placement of the rear bier pin on the floor on the left The bier pin will

eventually get sideswiped by casket as it goes into the rear and depending on where the bier pin catches the

casket could potent/ally leave mark or etching down the side of the casket.. not good..

good eye Kent never thought of that

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They were smart to preserve the sIde hinged rear door That looks like nice tall and wide door with an appropriately

tail window agree with Chuck that 3rd brake light is unnecessarily large but bet Its borrowed from some current or recent production Caddy CTS sedan to save money Hearses dont need to look like video game when the brakes are on If there are any expert Photoshoppers watching Id love to see rendition of this w/ commercial glass

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Armbruster Coach

this week It has had the opportunity to Inspect this coach in person at the Tn-State convention It is very Impressive

very interesting rear side windows that would remind you of 50 Superior products We have used and Masterpieces

will This will for decades and .1 miss the commercial glass car be strong contender and we are seriously considering

it You are right.. You need to see it in person.. And this car which was built in 10 days.. Will ho doubt look different As well as being fine tuned by NFDA in Austin

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naily Posted by Kent Dorse Armbruster-Stageway hearses for 2013.

http//armbrusterstageway com/

The epitome of black jelly bean on wheels UGLY

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______Quote ______

Originally Posted by Kent Dorsey

can see some problems brewing with placement of the rear b/er p/n on the floor on the left The bier pin will eventually get sideswiped by casket as it goes into the rear and depending on where the bier pin catches the

casket could potentially leave mark or etching down the side of the casket.. not good..

Yes But its all prototypel This IS exciting Prefer Eagel and then Federal right now But lets all give them some time and chance

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the convention in IA so can look at it hope it shows up at NFDA Ames Tuesday get

Current owner of 1949 SS Cadillac Knickerbocker combo

1985 Superior Cadillac Sovereign FWD hearse 1985 Eureka Pontiac Chieftain hearse 1995 Superior Chevrolet Chancellor hearse

See all my pro cars past and present in my photo album

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Quote ______

1a11VPosted by Dave Simon Seems like scary time to get in the coach business.. keep hearing how Accubuilt is on the skids no great donor vehicles to work with firms going to converted minivans and SUV5 and these guys build full-fledged coaches

agree Btw here it Is the middle of May and we havent seen any XIS or MKI hearse prototypes from Rance Bennett yet Im beginning to think he has called it quits

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Quote ______

Originally Posted by Tony Blair

agree Btw here it is the middle of May and we havent seen any XTS or MAT hearse prototypes from P.ance

Bennett yet Im beginning to think he has called it quits

he hasnt his his coachs in His hope call it quitsl Have been looking forward to seeing creationsl Iwo of my area now coachs DO look nicel

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Quote ______

Originally Posted by Tony Blair agree Btw here it/s the middle of May and we havent seen any XTS or MKT hearse prototypes from Rance Bennett yet Im beginning to think he has called it quits

Here is drawing of the MKI dated 2012 and the XIS dated 2013 hope these are built they are the best looking offerings

of all the builders

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Current owner of 1949 SS Cadillac Knickerbocker combo 1985 Superior Cadillac Sovereign FWD hearse 1985 Eureka Pontiac Chieftain hearse 1995 SuperIor Chevrolet Chancellor hearse

See all my pro cars past and present In my photo album

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funeral rescue or livery services Such vehicles may be hearses flower cars service cars ambulances limousines or cars which are specially built to combine two or more of these different

functions-combination hearse-ambulances sedan-ambulances or invalid coaches The Society was founded in 1976 to encourage the preservation of such vehicles At that time many of these vehicles had no established classes in multi-marquee antique car organizations The Societys

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Posted by chuck Kramer hope he hasnt ca/I it quits Have been looking forward to seeing his creations Two of his 8PV00000213 1/6 http//www.professlonalcarsoclety.orgforums/showthreadphptr12378page5 8/2612015 of IntroducIng .4rmbruster Stageway hearses Page 6- Friends of the Professional Car Society Official Website the Professional Car Society Inc

coactis in my area now His coachs DO look nice

Looks like Hes stfll in the Biz with note Coming soon on his site agree Ive always liked his designs

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understand that the bier pin has been moved off of the floor skeleton walks into bar Bartender says what for you and the skeleton says Ill have beer and mop please.. neutron walks Into bar Bartender says what for you and the neutron says Ill have beer but how much will it be and the bartender says.. for you.. no charge..

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Gallery

The Armbruster Stageway website has been updated It now has some nice photos of its prototype hearse

http 1/a rmbrusterstageway.com/gal lery/

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Maybe someone from the Milwaukee commitee can make phone call and see if they can bring the proto type to Milwaukee in Aug for all of us to see

Proud Eureka Coach Company of Toronto Owner

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Originally Posted by Tony Blair The Arm bruster Stageway website has been updated It now has some nice photos of its prototype hearse

http //arrnbrusterstageway com/gallery/

wouldnt mind being caught dead in either coach Looking forward to when all things have been

said and done and there is PRODUCTrON

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Bennett Design

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nally Posted by John Royark JR Here is drawing of the MKT dated 2012 and the XTS dated 2013 hope these are built

they are the best looking offerings of all the builders

Here is an artist rendering of Bennett Designs landau version of the 2013 XTS Seems somewhat odd that Rance didnt have this displayed on his website

https //wwwfacebookcom/photo phpf .type 1theater

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Bennetts designs look good the first PROPER limousine styling Ive seen in long time i.e no

unnecessary interruptions in the side windows wide shields scoreboards etc. The MKT is just an ugly

vehicle to begin with especially from the rear The limousine style XTS looks better than the landau imo The rear loading door looks to be awfully low however If remember correctly Bennetts earlier cars were modified Eagles Those are nice photos of the A-S prototype noticed how small the third

side window looks and where are the drapes The back loading door is very handsome and it looks like those corner windows are way to connect the low w/s-side window lines to the tall rear window can

imagine how much better it would look if the rest of the glass were on the scale of the loading door

window Kinda looks like the loading door is from the 1/18 scale kit while the rest of the car is 1/24 scale still say the A-S and Bennett prototypes are the best looking on the XTS yet

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Kent Dorsey This is the company that owns Southwest as Brady alluded to It is former Federal employees hired for resurrected Armbruster-Stageway name

Both Cram Sales and Southwest Professional Vehicles have updated their websites It appears

theyre exclusively promoting the Armbruster-Stageway coach and have dropped the Federal Coach brand

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talked to RIchard at Crams today They already have orders for about 120 hearses and the limo

will be ready for viewing in few weeks ask him about the Armbruster Name which he said

Executive coach had the rights to but had abandoned in 1990 They have actually found alot of the employees of the original armbruster group and have good group on the manufacturing side like the car and wish them well feel they have approached this from different side and will make it work They tried to go back to some of the things we like about the old cars like curved corner glass which he said was bear to produce

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New Cincinnati Coach offering

Ironic that Atti mentions Carl in this thread have been snooping near there only to find not old

but new creation in its infinite state Everyone will be pleasantly surprised

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passenger car styling and used in the funeral rescue or livery services Such vehicles may be hearses flower cars service cars ambulances limousines or cars which are specially built to combine two or more of these different functions-combination hearse-

ambulances sedan-ambulances or invalid coaches The Society was founded in 1976 to encourage the preservation of such vehicles At that time many of these vehicles had no established classes in multi-marquee antique car organizations The Societys growth

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More photos

Armbruster-Stageway has added photos to their website gallery of Crown Landaulet in black over white paint scheme

http//a rrnbrusterstageway corn/gallery

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Originally Posted by Tony Blair Armbruster-Stageway has added photos to their website gallery of Crown Landaulet in black over white paint scheme

http //armbrusterstageway com/gallery/

Im anxiously awaiting photos of their new limousines Any news about them tt

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Im anxiously awaiting phQtos of their new limousines Any news about them

They are suppossed to be ready by now

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Originally Posted by Tony Blair

Armbruster-Stageway has added photos to their website gallery of Crown Landaulet in black over white paint scheme

http //arrnbrustersta ge wa com/gallery/

Notice the bier pin has been located to the inside of the rear loading door Clever idea

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roriginally Posted by Chuck Kramer

Notice the bier pin has been located to the inside of the rear loading door Clever idea

Thanks for pointing that out didnt even notice it before

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Posted by Danny Ryder They are suppossed to be ready by now

Production of the prototype is weeks behind schedule due to engineering and stamping

tools wont repeat what they are doing to the rear doors and roof line let It be

surprise They will post on their website asap

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drive by CW every day to and from work. .dont see anything new there just lots of COOL old stuff ffl

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Originally Posted by Dave Simon drive by CW every day to and from work.. dont see anything new there just lots of COOL old stuff

Armbruster Stageway has recently updated their website so has Cram hearse sales and

southwest professional vehicles sales on the new coach

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was under the impression that another poster hinted that Cart Woerner was up to something as far as building new hearses too.. perhaps misread

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Originally Posted by Steve Lichtman Probably is Remember most of the óOs and 70s pro-cars we collect are widened in the rear

Well... Steve while you are right that theses cars did bulge toward the rear it was something imposed on them by the chassis they were using The rear tread of the Cadillac Commercial Chassis was at one time somewhat wider that that of the front tread This Cadillac imposed specification forced the coachbuilders to gradually bloat their bodies toward the rear of the car to accommodate this wider rear tread Cadillac did

this presumably with the blessing of the major manufacturers exclusively for the

Commercal Chassis to give the coachbuilt bodies additional interior width and to

accommodate wider rear loading doors This ended with the last of the commercial

chassis in 1984 if not before would be extremely surprised and impressed if Armbruster-Stageway was actually widening the rear tread of these cars

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passenger car styling and used in the funeral rescue or livery services Such vehicles may be hearses flower cars service cars ambulances limousines or cars which are specially built to combine two or more of these different functions-combination hearse- ambulances sedan-ambulances or invalid coaches The Society was founded in 1976 to encourage the preservation of such vehicles At that time many of these vehicles had no

established classes in multi-marquee antique car organizations The Societys growth since that time has helped to establish the position of the professional car in more clubs and shows and has served to preserve many of these vehicles for future collectors to restore and enjoy

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New cincinnati coachbuilder

Dave sworn to secrecy but definitely witnessed 2013 CadIllac hearse in very early stage of build few miles east of c/w coach that formerly had ties to Eagle Coach is where witnessed it Keep in mind. .Eagles were built in Newport Newtown and Amelia.Stay tuned

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Now youve piqued my curiosity.

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Originally Posted by Larry Sears Dave sworn to secrecy but definitely witnessed 2013 Cadillac hearse in very early stage of build few miles east of c/w coach that formerly had ties to Eagle

Coach is where witnessed it Keep in mind. .Eagles were built in Newport Newtown and Amelia.Stay tuned

Maybe its Prestige Vehicle Corp Its located in Amelia and the owner has former ties to Eagle Any non-compete clause that was possibly signed by them during the lB Poindexter acquisition might have expired by now

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Quote

Originally Posted by Danny Ryder talked to RIchard at Crams today THey already have orders for about 120 hearses and the limo will be ready for viewing in few weeks ask him about

the Armbruster Name which he said Executive coach had the rights to but had abandoned in 1990 They have actually found alot of the employees of the original armbruster group and have good group on the manufacturing side like the car and wish them well feel they have approached this from different

side and will make it work They tried to go back to some of the things we like about the old cars like curved corner glass which he said was bear to produce

Im looking forward to seeing photos of all the hearses being traded for the 120 hearses

or so This should create quite domino affect at the coach dealers and give us plenty of eye candy

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interesting

have been really interested to learn about this Armbruster Stageway coach Was

shocked when first saw an advertisement in the YB News

think you all feel that the MKT is an ugly hearse but bought of them in Npvember and am really in love with these coaches still have cadillac coaches now 2002

2004 St 2005 and hope to some day trade them all in on Uncoln MKTsl The all-wheel- drive feature is game changer for livery service for snowy days had livery trip 1.5 hours from home in December the AM after blizzard blew through drifts in it like Suburban An employee of mine did get one of them stuck in the snow but that

was another exceptional situation on an unplowed road after another blizzard

am having hard time with these new cadillacs really dont like what anyone has done with the back end It does seem to bloat

am excited about the Iifferent looks of the Armbruster Stageway cars cant wait to see

one in person some day The novelty of this test car with one side limo one side

landau is really fun How cool it would be to own it

With the all-wheel drive in the Lincoln dont think would ever go back to cadillac unless they had all-wheel drive or the price was REALLY right love the looks on the vault guys faces on snowy day when drive right up hill on the grass without 3PV00000227 http//www.professionalcarsociety.org/forum s/showthread.phptt 12378page7 3/6 8/25/2015 Introducing Armbruster Stageway hearses Page 7- Friends of the Professional Car Society Official Website of the Professional Car Society Inc

spinning to be along side grave get out of the hearse and they say thowd you do that

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Posted by Kent Dorsey Armbruster-Stageway hearses for 2013..

http//armbrusterstageway com/

No promises but maybe just maybe one just might show up at the Intl cs Meet in

Milwaukee if at all possible Just in the talking stages of things right now 4-

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Posted by Chuck Kramer

Im anxiously awaiting photos of their new limousinesl Any news about them

Ambruster Stageway will be debuting their new XTS Limousine this week at the NFDA convention in New Orleans

It Will have extended rear door/45 center door and an all new roof line which will

provide of additional headroom in the middle and rear seats have been sent one PV00000228 http/www.professlonalcarsoclety.orglforumsfshowthread.phpt 12378page7 4/6 8/25/2015 Introducing Armbruster Stageway hearses Page 7- Friends of the Professional Car Society Official Website of the Professional Car Society Inc

photo tonight and sure like what see Ill be anxious for some of you Conventioniers

to be posting photos of it along with the other offerings of coachs and limousines

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Danny Ryder 08-04-2013 Jeremy Ledford 08-05-2013 Mike Boyer 08-05-2013 Pat Post 08-08-2013 Tony Blair 08-05-2013

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Limo debut

Quote

riginally Posted by Chuck Kramer have been sent one photo tonight and sure like what see

SPV has posted photo on its website

http//www.spvinc.com/l isting/2013-c. .way-limousine/

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t___

hope they raised the header of the doors cant tell by SPV photo because know on

the Accubuilt cars with the standard roofline getting in the middle doors you have to duck or youwill hit your head

Jeremy Ledford

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All in all not bad looking set of cars from them

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The Friends of the Professional Car Society is the official website of the Professional Car Society Inc Society Our membership is primarily dues paying members of the Society

however it is not requirement that you belong to the Society to participate in our website The professional car is loosely defined as custom bodied vehicle based on passenger car

styling and used in the funeral rescue or livery services Such vehicles may be hearses flower cars service cars ambulances limousines or cars which are specially built to combine two or more of these different functions-combination hearse-ambulances sedan-ambulances

or invalid coaches The Society was founded in 1976 to encourage the preservation of such vehicles At that time many of these vehicles had no established classes in multi-marquee antique car organizations The Societys growth since that time has helped to establish the and has served to of position of the professional car in more clubs and shows preserve many these vehicles for future collectors to restore and enjoy

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Executive Coach Builders

the coach builder in Missouri has plans to build Cadillac and Lincoln funeral cars and will use SPV0000023 httpI/vwwprofessionaicarsccietyorg/forums/showthreadphpt12378page8 1/6 8/25/2015 Introducing Armbruster Stageway hearses Page 8- Friends of the Professional Car Society Official Website of the Professional Car Society Inc

Armbruster name

http//www.lctmag.com/people/article. .forwardpage3

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Quote ______

Originally Posted by Tony Blair coach builder in Missouri has plans to build Cadillac and Lincoln funeral cars and will use the Armbruster name

http//www.lctmag.com/people/article. forwardpage

Way was told from RIchard at Crams is ECB did have Armbruster but gave it up few years ago and when they found out someone was going to use the name they want back on board but

looks as though ECS lost their right to use the name dont know but legal actions will probably be stirred from both sides

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Factory

Armbruster Stageway added photos to their gallery

http 1/a rmbrusterstageway .com/gal lery/

street view and satellite photo of their factory at 209 Main St in Hackett AR

https //maps.google.com/mapsq209N. lFtqgZrJe4KNlA

https //maps.google.corn/niapsq209N. .72936thz20

frie Following User Says Thank You to Tony Blair For This Useful Post Chuck Kramer 09-20-2013 SPV00000232 http//www.professionalcarsociety.org/forum s/showthreadphptt 12378page8 215 812512015 Introducing Armbruster Stageway hearses Page 8- Friends of the Professional Car Society Official Website of the Professional Car Society Inc

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Quote

Originally Posted by Tony Blair Armbruster Stageway added photos to their gallery

http//armbrusterstageway corn/gallery/

street view and satellite photo of their factory at 209 Main St in Hackett AR

https //maps google corn/ma psq209N .1 FtqgZrJe4KNlA

https//maps google corn/maps q209N.. 72936thz20

More photos have been added VERY nice

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drun-troll please.. think they may have been on link but here tis anyway..

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Attached

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g______

Folks lets remember today cars are front wheel drive widening the rear tread is piece of

cake would be surprised if they did not

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Powered by vBulletln VersIon 3.8.7 Copyright 2000 2015 vBulletin Solutions Inc Copyright 2009 2015 FrIends of the Professional Car Society SPV00000236 http//www.professionalcarsociety.org/forums/showthread.PhPt 12378page8

EXECUTIVE COACH BUILDERS, INC.,

v.

SPV COACH COMPANY, INC.

OPPOSITION NO. 91212312

APPLICANT’S TRIAL TESTIMONY DEPOSITION OF RICHARD LESTER:

EXHIBIT 53 Exhibit 53

Date 5-3.ic0 dh

Eccvcw COACH mc Ann us mrs derafiet in lie tnidt ion

Executive Coach Builders Inc

Executive Blvd

Springfield MO 65802 USA Tel 417 831-3535 Fax 417 831M834 RE Company Profile

Executive coach was established in 1976 As the pioneer of luxury limousines Executive

was the first builder to be recognized and certified by FORD and CADILI .AC as qua Ithed

vehicle modifier in the United States With over 20 years of experience in manufacturing

custom limousine there is rio doubt we are the best in building elegant custom limousine in

the industry In 1994 Executive mauufhctured just over 100 limousines With steady growth

and continuous research and development Executive was able to double its market share in

2yrs 1996 by manufacturing over 200 limousines

One of the major asset of Executive Coach Builders is the legal rights and the name

Arinbruster Stageway Inc Arrabruster is the oldest and still the must recognized name iii

the Funeral industry It was established in 1887 and one of its must outstanding achievement

is the invention and patenting of the six-door funeral limousine Today the six-door is most widely used Thueral vehicle with share of about 40% of the entire funeral vehicles

manufactured annually

funeral is For the past years Armbrustcr has not manufacture any product but that about

to change Due to the continuous customer demand for Armbruster products the name and

product theyve known for over 100 yrs and the booming funeral industry Executive Coach

Builders wilt be reintroducing the sleeping giant Arnibruster Stageway lacY in the summer

of 1997 The funeral industry is currently producing over 3000 vehicleslyr with only about

major manufacturers We wilt be targeting about 5% of the market in the first two years

and 10% in the following year

With the current growth rate ofExecutive Coach the reintroduction of Armbruster

Stageway and growing limousine industry over 400 limousines is projected to he

manufactured and sold by Executive in the next two years

Thank you for your interest EXHIBIT

Siuccrcy XIkc qayidakafc ONE EXEGU IVE BOULE\ARU SIRINGFiELO MiSSOURI 65802 417.031.3535 1.800.641.4540 FAX 4I7831.0834

EXECUTIVE COACH BUILDERS, INC.,

v.

SPV COACH COMPANY, INC.

OPPOSITION NO. 91212312

APPLICANT’S TRIAL TESTIMONY DEPOSITION OF RICHARD LESTER:

EXHIBIT 54 Exhibit 64

ECBIJOOI73

Date -- dh

Spthigfith Stagcwaq Icui noiogis Manufacturer of the Worlds Finest imous ics

Vehtuciiy 1990

Dear Nr Slip ieee

Per you rguosi ynet arday alt rnoori the to lowing 11 let or largest oustomots br ExocuLive Cooh Builders and Armbrutor/5tageway

Dealers Aa.mhruster/Stagoway

Mx Terry ONeill ir 311 Myers Specialty Vehicles SouL ascot Profess lena Vehicle 180 DuPont Street P.0 Box 8775 Plainviow NY 11803 Dallas TX 15216

Mr Jerry Enders Lynn Exocut Lye P.O Box 115 Cressonx IA 17929

hoot Qpgrat ore Executlyc Coach Bul fliers

Trump/Taj Mahal Casino Resort Miohael Limousine Box 208 218 33rd Street AtiaruLto City MY 08404 I3riganLine NY 08203

Atlantio Limousine 350 Main Sheet Pi easantv ill NY 0823

in cci erenco the retail cue em xc we do a1 i11700fl lieu puroh usue mou hen one ar pci year

it you brie any questions or acid uddLi oneL intormation

Ii ol fur- cr1 ic

I1LC rely

f3\ \11i\ ic

3039 55 DY 11 11 351 INCFFLD VO 80 11 331 31 tAX 831 19113

EXECUTIVE COACH BUILDERS, INC.,

v.

SPV COACH COMPANY, INC.

OPPOSITION NO. 91212312

APPLICANT’S TRIAL TESTIMONY DEPOSITION OF RICHARD LESTER:

EXHIBIT 55 lUC2T9 MON eE APMERUSTER

ARMBRUSThR/ STA GEWAY

ttit 3003 Chestnut Expressway Springfield Missouri 65802 ORDER FORM 1cse Print Typo 800 843-7769 417 864-4452 FAX @17 864-4079

.PRODUCTION No SOUThWEST PROFESSIONAL VEHICLES INC DEALER NAME DEALERCODENo Richard STREET ADDRESS La .L jjpñ Road DEALER REP Lgster TX 75216 -STATE ZIP A/SREP PHONE214 3713474 DEALER CUSTOMER

YEAR 1990 MAXE Lincoltt Cat VINNo 1LNCM8JI6L8196.811 Shadow Blue EXTERiOR toLoR Arctic White INTERIOR COLOR Leath

DEALER CHASSIS PEALEA ci-tASS1S QRDER No ARMBRUSTER/STAGEWAYCHASSIS..iL BASE CHASSIS sj..95O.C CHASSIS OPTIONS Leather .. $___5fts

.-- ....6

------.. CHASSIS TOTAL 4.QsQ

$ILVERHAWK .XL MANI-IATFAN STANDARD EiGHT-DOOR PINNACLE MANHATtAN FORMAL OThER 60 EMSASSY SQUIRE STRETCH LENGTH CONCORDIA SIX-DOOR BASE COI4VERSION OPTIONAL EQUIPMENT

No DESCRIPTION Standard $ilverhawk Specifications az oQ

Ui2

CU

.. $____ Exhibit55- DELETIONS L4-c- No DESCRIP0N

Date dh

CONVERSION TOTAL.. 22300j SPECIAL INSTRUCTIONS

CHASSIS $25450.0 NEADOUARTEFIS USE ONLY CONVERSION ARM BRUSTER/STAGE WAY ORDER ACCXPTANCE

In Payment she11 be In This QOT Is subject 10 SCcNylsnCa In writing by kmbrimlerf$tmgeway Sorlngtwld Mi$$owJ m4 TRANSPORTATiON work or th terms of she w.r.nryshoII be Springfield Missouri Any d.epuieS concerning paIOOtS lry ruser/Stegewsy $471750.0 racived ywto or teceratcoun in SprIngfIeld Missouri ocrt ensployeeai Armbrustqr/StsgcwsysilslI SUBTOTAL toay 111105 fOfInS DEALER DSCoUN1%.9ThJ 5800.0 SUBTOTAL 950.0 The foregOing Iier us accepted this day ot

IS in Spuingfiqi Miseowl PVOOOO27 DUE __

TUIC AC tnlflhJ flF1 ER FflM4TI EXZ DATE Ii is aRrIERtJSTER p- ox ____ ARMB RUSTERJSTAGE WAY

3003 E1 Chestnut Expressway Springfield Missouri 65802 800 843-7769 417 864-4452

IN VOl CE NO 00863

SOLD TO soucwsr PROFESS 1OCAL VEECLES INC SHiPPED To Customer pickup 391 crtara Road Doitas Tx 526

INVCICEDATZi P.O NUMBER SALESMAN .i...i T1 i2fEIIi7_IPiR ______cer -r __-_____ p______

BASE CHASSS j0 L.wn Car EAsacHsssio NUMBER ILNCM8IFGLISI96B1

CONVE9SON Siiverhawk PRODUCTON ID NUMBER 0210A

SEATS DOORS TIRES TRIM Shathcw SC ttcschcr PAINT Arcr \m

BASE PRICE BASE CHAS 2545000

SE PRICE 22300 00

.rTIONAL EtUJ.Chj1

TOTAL OP1QNAL EQUIPMENT

SUE TOTAL 47750.00

ESTiNAflON CHARGE Ickup

SuE TOTAL

LESS Special Discount 5800.00

L2SS

flALANCE DUE AND PAYABLE CU CCMPLTION $41950.00 Customer Whfte SoVQRgtation Fn AccounCig GoLd nfl DATh4LflM/

NOTIFICATiON OF DElAYED DELIVERY DATE OR IN-TRANSIT MILEACE ACCUMULATiON

This form is to be used to notify Ford Motor Company of delayed warranty start date or to report an In-transit mileage accumulation on vehicle driven not

from the the transported assembly plant to receiving location

VEFI1CLEIDENTIFICATION LdLWk4ial/ IFkc HYIP1 19 WI/I

NAME AND ADDRESS OF RETAIL SELLER

ARRUSTERJSTAGE WAY

RETAiL SELLERS NAME 3039 PYIHIAN STREET

ADDRESS SPRINGFIELD MO 65802

CITY STATE AND ZIP CODE

NAME AND ADDRESS OF RETAIL BUYER

EXECUTIVE INITIAL UIflAL LAST NAME ONLY COACH-APJERUSTER/STAGEcqAY 11 lSFoIuIt IPIR1olFI HAEIHI IkIiIIoII

STREET ADDRESS IiII IRIPIYIFoIRlbI IRIOI 11111 II

ar OR TOWN STATE ZIP CODE 11111111 LiH31g II LIII

RETAIL BUYERS SIC RE

section of the form is to be used to notify Ford Motor Company of delayed warranty start date

REASON FOR DELAY OF WARRANTY START DATE

Please attach copies of documents to support revised warranty start date For example new vehicle sales invoice Ii or state registration

MONTH DAY YEAR

MILEAGE AT TIME OF DELIVERY Xj

INC TENTHS

NOTE When this section of the form is completed submit IMMEDIATELY to Ford Motor Company with supporting documentation attached

This section of the form is to be used to notify Ford Motor Company of in-transit mileage accumulation

MILEAGE AT TIME OF OELIVERY REASON FOR N-TRANSIT MILEAGE ACCUMULATION

Please attach documents to support accumulated mileage

INO TENTHSI

MILEAGE AT TIME OF REQuEST II II

INC TENTHSI ______

NOTE When this section of the form is completed DO NOT submit to Ford Motor Company unless repair is required beyond warranty this form but within the mileage extension period Attach the Form 1863 and supporting documentation to the back of

FORD MOTOR COMPANY rcsvoo I7Q391 PREVIOuS EDITIONS MAY NOT St uSED FORD PARTS AND SERVICE DIVISION SPV00002265 BOR 1CM AN 48121

FORD

5-f CC4rC3

CERTIFICATE OF ORIGIN FOR AVEHICLE

5yjcj

DATE INVOICE NO AUGUST 021990 V819676

VEHICLE IDENTIE1CATION No YEAR MAKE 1LNCM81F2LYB1 9676 1990 LINCOLN

900Y TYPE SHiPPING WEIGHT LINCOLN TOWN CAR DOOR 3882 LBS

H.P SAE GV.W NO CYLS SERIES OR MOOEL 51.20 N/R MS

the undersigned authorized representative of the company firm or corporation named below hereby cer tify that the new vehicle described above is the property of the said company firm or corporation and is transferred on the above date and under the Invoice Number indicated to the following distributor or dealer

NAME OF DISTRIBUTOR DEALER ETc

ELMHURST LINCOLNMERCURY INC 150 GRAND AVE ELMMURST XL 60126

61B220

It is further certified that this was the first transfer of such new motor vehiole in ordinary trade and commerce

MEMO DATA NOT LIEN 32 44085 MOTOR COMPANY FINANCE SOURCE 000001

BY FORD MOTOR CREDIT CO 5IGNAWRE OP AUTHORIZED REPRESENTATIVE P.O BOX 1732 ROOM DEARBORN III DEARBORN_MICHIGAN 48121 CITY STATE

8PV00002261 FOR VALUE RECEIVED THE UNDERSIGNED TRANSFER THE VEHICLE DESCRIEED ON THE FACE OF THIS CERTIFICTETO NAMEOF PURCHASERS ADDRESS

AND CERTIFY TO THE BEST OF MY KNOWLEDGE INFORMATION AND BELIEF UNDER PENALTY OF LAW THATTHE VEHICLE IS NEW AND HAS NOT BEEN REGISTERED IN $115 OR ANY STATE AND AT THE TIME OF DELIVERY THE VEHICLE WAS SUBJECT TO THE FOLLOWING SECURITY INTERESTS AND NONE OTHER AND WARRANT TITLE TO THE VEHICLE FEDERAL REGULATIONS REQUIRE YOU TO STATE THE ODOMETER MILEAGE UPON TRANSFER OF OWNERSHIP

CD certify so the beat of my knowledge thecihe odometer readIng is and reflecutheectusl rnlleageof the vehicle isnlesa one of notthe thz the following statunsents it checked The amount of mileage stated Is In excess of 99BS9or The odometer reading Ia actuel mileage DI AMOUNT OF LIEN DATE OF LiEN KIND Off LIEN IN FAVOR OF I-2 DIll 22 l- kiB3RST LINCCU4-MERCIRY DL 1912 ______AGENT DEALER ______BY Name of Dealership Dealers License No don Os ILLINOIS BeIng duly sworn upon oath Ate State of ______set forth are true end correct tome before me this Cosantyof TJPAGE deyof

USE NOTARIZATiON ONLY IF RE9U/EOJN

FOR VALUE RECEIV P.iNDER5IGNE9 TRANSFERTHE VEHICLE DESCRCBEDONTHE FACEDFTNISCERTIFICATETO bouLJ2west .t-roresslonai NAME OF tc PURCHASERS3920 OvtaLLlJn DallaD Ttza 75216 ADDRESS AND CERTIFY TO THE BEST OF MY KNOWLEDGE INFORMATION AND BELIEF UNDER PENALTY OF LAWTHATTHE VEHICLE IS NEW AND HAS NOT BEEN REOISTEREO IN $115 OR ANY STATE AND AT THE TIME OP DELIVERY THE VEHICLE WAS SUEJECT TO THE FOLLOWING SECURITY INTERESTS AND NONE OTHER AND WARRANTTITLE TO ThE VEHICLE

UI _t FEDERAL REGULATIONS REOUIRE YOU TO STATE THE UPON TRANSFER OF OWNERSHIP ul OD4JPJgPILEAGE CD oenify to the best of mhknowledge thetthe odometerreading j5 and ref lame the actual mileageof thevehicleunlese oneof she is checked The of lain of or Tlseodomemr snot theacsual thZ following statements amount mileage stated access 99999 reading mileage DI- AMOUNTOFLIEN DATECIFLIEN KINODFLIEN INFAVOROF HZ DIs ms5 5Th 22 LtIlIvrluL.IJts1b ADDRESS DEALER Name of Dealership Dealers License No Title or Foeition csheSiniEic7b4tEler State of

County of

OFFICALSEAL- NoteryPc Notary Seal IN TITLING JURISDICTION

atstr tsr LI lIAIO 4A4flI pUlPIt tfl ____ -- l5V5flI5I U5JL.IU flIl.

CLE DESCRIBED ON THE FACE OF THIS CERTIFICATE To

ADDRESS65 Pickens IndustriaL flri vn 1ixtencsi nn tWirl csttn CA RflfR9 AND CERTIFY TO THE BEST OF MY KNOWLEDGE INFORMATION AND BELIEF UNDER PENALTY OF LAW THATTHE VEHICLE VEHICLE WAS IS NEW AND HAS NOT EEEN REGISTERED IN TH1S OR ANY STATE AND AT THE TiME OF DELIVERY ThE La SU8JECT TO THE FOLLOWING SECURITY INTERESTS AND NONE OTHER AND WARRANT TITLE TO THE VEHICLE FEDERAL REGULATIONS REQUIRE YOU TO STATE THE ODOMETER MILEAGE UPON TRANSFER OF OWNERSHIP CD certify to the best of my knowledge chat she odometer reading is ______and reflects the actual mileage of the vehicle unless one of is not the actual mileage thZ the following statements is checked The amount of mileage stated sin excess of 99999 or The odmneter eeading AMOUNT OF LIEN PATE OF LIEN KINO OF LIEN EN FAVOR OF

DIll ThPPC2 CcurrOia1 Finance Con-i/PU Box957O/Hoflna Estates 1-9 LIENHOLOENS ______SostPfsstona Th153OizadSigeawreofDeaIerer4iiorFoudon oIbealersnp DealersVehicLstnn Being duly sworn upon oath tate that the statements State of set forth are true and coq bed and sworn tome befor of e5WtltkL County day of 1s..at notary ruoluc Notary Seal USE NOTARIZATiON ONLY IF REQUIRED IN TITLING .IURISDICTON

SPV00002262 CERTIFICATE OF ORIGIN FOR VEHICLE

INVOICE NO 00871

VEHICLE IDENTIFICATION NO YEAR MAKE 1LNcM81F2LY819676 1990 LINCOLN

BODY TYPE SHIPPING WEIGHT LIMOUSINE 5480

H.P S.AE4 G.V.W.R NO CYLS SERIES OR MODEL 51.20 TOWN CAR

the undersigned authorized representative of the company firmor corporation named below hereby certify that the new vehicle described above is the property of the said company firm orcorporation and is transferred on the above date and under the Invoice Number indicated to the following distributor or dealer

NAME OF DISTRIBUTOR DEALER ETC

EXECUTIVE COACH 3039 PYIRLAN STREET SPRINGFIEJD1 MO 65802

It is further certified that this was the first transfer of such new motor vehicle in ordinary trade and commerce

ARMBRUSTER/STAGEWAY

Lfl BY

SPRINGFiELD_MISSOURI

crtv STATE

6PV00002263 -r

FOR VALUE RECEIVED THE UNDERSIGNED TRANSFER THE VEHICLE DESCRIBED ON THE FACE OF THIS CEWDF4CM.ILa NAME OF SUPERIOR SOUTHWEST $91O OVbRIUN ROAD DALLAS IX I5Zlb

AND CERTIFYTO THE BESTOF MYKNOWLEDGE INFORMAT1ON AND BELIEF UNDER PENALTY OF LAWTHATTHE VEHICLE IS NEW AND HAS NOT SEEN REGISTERED IN THIS OR ANY STATE AND ATTHE TIME OF DELIVERY THE VEHICLE WAS SUBJECTTO THE FOLLOWING SECURITY INTERESTS AND NONE OTHER AND WARRANT TITLE TO THE VEHICLE FEDERAL REGULATIONS REOUIRE YOU TO STATE THE ODJJAILEAGE UPON TRANSFER OF OWNERSHIP is and reflects the actuel of the vehicle unless one of certify to the beat of my knowledge that the odometer reading mtteage stated is In excess of 99.999 or The odometer is not the ectuel the following statements is chacltedO The omaunt of mileage 02 reading mileage AMOUNTOFUEN DATEOPUEN ltJffDOf LIEN INFAVOROF

LIENHOLDERS LI 1- Ic ADDRESS EXECUTIVE COACH D497 s/ SLJNTROILER

Name of Dealership Deales License No Autti ized Slgnaw of Dealer t.Jiitie or Position set Being duly sworn spun oath says that the otatetnonts .- owuro tome MISSOURI .. State of do County of GREENE ..t.ur Notm4ic Notary Seat USE NOTARI NONL tFREOUIREDI 120692 GJURISDtC11ON MCE

FOR VALUE RECEIVED THE UNDERSIGNED TRANSFER THE VEHICLE DESCRIBED ON THE FACE OF.THIS CERTIFICATE TO Southwest Professional Vehicles RCIIASERS 3910 Overton 75216 ADDRESS Road/Dallas TX

AND CERTIFYTD THE BESTOF MY KNOWLEDGE INFORMATION AND BEUEFUNDER PENALTY OF LAWTHATTHE VEHICI.E IS NEW AND HAS NOT BEEN REGISTERED IN THIS OR ANY STATE AND ATTHE TIME OF DELIVERY THE VEHICLE WAS SUBJECT TO THE FOLLOWING SECURITY INTERESTS AND NONE OTHER AND WARRANT TITLE TO THE VEH1CLE

FEDERAL REGULATIONS REQUIRE YOU TO STATE THE ODOMETER MILEAGE UPON TRANSFER OF OWNERSHIP iti to of is and ref lecta the actual mileage 0f the vehicle unless one of certify the beat my knowledge that the odometer reading Ibis is nut actuet the following statements is checked Qt.The amount of mileage stated loin excess of 99999cr 02 odometer reading the mileage AMOUNTOFLIEN DATEOFUEN KINDOPUEN INFAVOROF IT

UEN HOLDERS iBiS ADDRESS P19142 teñor Southwest BY Name of Dealership Dealers License No Authorized Signqulfre of Dealer Title or Position Being duly sworn upon oath nays that the ststementssr forth see true stldjcgoce5 Subscribed and sworn todle State of ______before this LU dayof 0JliUUa.UV 19 Countyof Notary Public NotarySeat -- .190 NOTARIZATION ONLY IF REQUIRED IN TITLING JUAISOIC1

FOR VALUE RECEIVED THE UNDERSIGNED TRANSFER ThE VEHICLE DESCRIBED ON THE FACE OF THIS CERTIFICATE TO

NAMEOF n-.. si os sflC PURCHASERS .n MU oases 765 Pickens Industrial 3-A 300621 ADDRESS Drive ExtensionMarietta

AND CERTIFY TOTHE BEST OF MY KNOWLEDGE INFORMATION AND BELIEF UNDER PENALTY OF LAWTHATTHE VEHICLE IS NEW AND HAS NOT BEEN REGISTERED IN THIS OR ANY STATE AND ATTHE TIME OF DELIVERYTHE VEHICLE WAS SUBJECTTOTHE

at FOLLOWING SECURITY INTERESTS AND NONE OTHER AND WARRANT TITLE TO THE VEHICLE

FEDERAL REGULATIONS REQUIRE YOU TO STATE THE ODOMETER MILEAGE UPON TRANSFER OF OWNERSHIP

of of is and reflects the actual mdeage the vehIcle unless one of certify to the best my knowledge that the odometer readtng Is not the actual at the fnllowlpg statements chectredfl The amount of mileage stated loin excess 0f 59.999 cr02 The odometer reading mileage .SMOUNTOFUEN OATEQFt.IEN KINDOEJJEJI lMAV0F ransamenca Coxnnerctai FInance Corp /iu Bqx 9557Q/xionman Eses IL fl LIENHOLDERS Pmfessionpl AD St1St VebicMs .9 Nama of Dealership Dealers License No Authignature of Dealer Being duly sworn upon oath says that tlctatoments set

and end sworn to me forth sro true Sy.etaubacnibed ____ boforothm 19 Seat County of Notary Public Nntsty

USE NDTARIZATION ONLY IF REQUIRED IN TITUNG JURISDICTION

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