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1+^ KOHN, KLEIN, NAST & GRAF, P.C 2400 one Read! ng Center, 1101 Market Street Philadelphi , Pennsylvania 19107-2924 (215) 238- 1700 Telecopier 238-1968 inmmnmjEMm TO: FAX NO. TO: . FAX NO. TO! . FAX NO. /&*//, y _2z2d. TO: FAX NO. TO: . FAX NO. !. TO! . FAX NO. NOTES: DATE! TIME:___________________ COVER PLUS: / (No. Of Pagaa) FROM: Martin..J_...D1 Urso TRANSMITTED BY{ Joan Burt FILE NO.: /d.1 OUR AUTOMATIC XEROX 7021 TELECOPIER NUMBER IS (215) 238-1968 IF THERE IS A PROBLEM PLEASE CALL (215) 238-1700, ext. 454 or 424 WATER PCB-00048300 HAROLD I. KOHN BAMUEL E. f'l.lN OAVIO H. WEiNBTCIN Roaeprf a swift WAYNE M. THOMAS SIANNK M. NAST ELKAN M, KATZ ROBERT J. LAROCCA KATHERINE HATTON JOSEPH C- KOHN jCANNE A WROBlEBKI JOANNE EACH Kohn, KLein, Nast a Graf, P. C. lOI Market Street Philadelphia, Pennsylvania ioio7-2924 ( 2IS ) 23-1700 (2IB)T^lecopikr 23- IQ66 STEVEN A. ASHER 0CNI8 F. SHEILA ROBERT S. KITCHENOFF GEORGE W, CRONE* DOUGLAS Ai ABRAHAMS WILLIAM E. HOEBE MARTIN J. D*URSO N. GEOFFREY MOULTON, JR. UNOSCY l SLAUGHTER DEBORAH A- SOTTOSANTI SCOTT A. BURR STEVEN M. BTEINOARO February 28, 1992 By_JrMacoMir^And.-..iBlL^aas-^Mail Michael H. Malin, Esquirq White & Williams One Liberty Place, Ste. 11800 1650 Market Street Philadelphia, PA 19103-7d 01 Re: Paoll Railvard Dear Mr. Malin: I write to confirm i|ha contents of our just completed telephone conversation. You have just informad me that you deem Dr. George Rousch, whose deposition was noti ced to take place on March 2, 1992, to have been a managing agert of the Monsanto Company. Accordingly, it is your position that plaintiffs are not permitted to make ex parte contacts with Dr. Rousch despite his retirement from Monsanto. While you assdrt that Dr. Rousch was in the management "control" group for purposes of ethical considerations, you also apprised me that Dr. Roudch is not in Monsanto's "control" for purposes of scheduling hj( s deposition. Accordingly, it shall be necessary for plaintiffs to subpoena him. In this regard, you have agreed to provide with his last known address at your first opportunity. You also have just i|nformed me that there may be no successor to Dr. Elmer Wt eeler (deceased). Plaintiffs had noticed the deposition ol the successor to take place on March 3, 1992. You have agreed tc determine what person or persons, if anyone, has or have succ ejeded Dr. Wheelert and to provide me with their address and identi 1ication as soon as possible* Finally, please exp ct a letter from John Innelli, Esquire, by 3:00 this afternoon sdtting forth plaintiffs' bases for continuing his depositior Sincerely, MJD:jmb Martin J. 0'urso WATER PCB-00048301