Document OEoNxvYXoRD5jgE2D06pdyVmM

NOV-29-95 UB 14:03 CASE & DUSTERHOFF FAX NO. 5032415561 JAMES D. CASE* R BRUCE DUSTERHOFF SAMUEL J..NICHOLU LEO A. RE1NIKKA DOUGLAS O. COMBI SEVILLE W. EASLEY Case & Dusterhoff attorneys at law TOO BENJAMIN FRANKUN PLAZA ONE SOUTHWEST COLUMBIA PORTLAND, OREGON 97258*200$ TttlfHosi (503) 295*2802 FacjimukJOJ) 24l*55$l November 29,1995 P. 02 PLAINTIFF'S EXHIBIT^ CHARLES R HOLLOVAY OF COUNSEL 'MtMfUOitoos Srff 8* AND Wajhinston 5rn B.,t VIA FACSIMILE (214) 520-1181 Karen M. Gammon Baron & Budd, P.C. The Centrum 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219-4281 Re; United States Mineral Products Company Document Authentication Dear Ms. Gammon: Pursuant to our telephone discussions concerning the captioned matter and after having had an opportunity to review the exhibit list and documents which you provided for authentication. United States Mineral Products Company has authorized me to enter into the following Rule 11 agreement: United States Mineral Products Company is unable to authenticate Exhibit Nos. 41, 71, 97, 126, 127, 228, 276, 303 or 333, (Exhibit No. 41 was missing and we may be able to authenticate it at a later date. Exhibit 276 has an attachment which was generated by United States Mineral Products Company and which could be separately authenticated; however, the document to which the United States Mineral Company document is attached cannot be authenticatedO In general, some of the documents may not have been provided in their entirety, may reference attachments which have not been provided, or may have portions excised by unknown persons, To the extent that attachments need to be provided to fully authenticate the document, or to the extent that the document may be otherwise incomplete or altered from its original state, appropriate objections will be raised at any time such document is offered into evidence. Certain documents provided contain handwritten notes whose origin is unknown and United States Mineral Products Company specifically denies authentication of unidentifiable handwritten notes. (A list of documents containing unidentifiable handwritten notes will be provided to you subsequent to this Rule 11 agreement.) r "A i\J. ou^lhSSl r. uo Ms. Gammon November 29, 1995 Page 2 With the foregoing exceptions. United States Mineral Products Company agrees thu^t the exhibits referenced in the attached 31 page exhibit list previously proy.ded by your office are documents which are kept in the ordinary course of business by United States Mineral Products Company and are documents concerning which United States Mineral Products Company will not raise authentication objections in any subsequent Barron & Budd litigation. It is specifically understood and agreed that the foregoing Rule 11 agreement is applicable only with respect to Barron & Budd litigation, may not be provided by Barron & Budd te - any other plaintiff's attorney in any jurisdiction or to any plaintiff in any junsdiction represented by a firm other than Barron & Budd. In addition, United States Mineral Products Company specifically reserves all other valid objections to the admissibility of any of the referenced documents in any subsequent litigation. Barron & Budd further agrees to cancel the scheduled records deposition ofJames P. Verha.cn and further agrees not to subsequently notice his deposition with respect to mqwy-mfo sev / .% ** of the documents herein authenticated. Very truly yours, Received and acknowledged: jwv~;mn Enclosure cc: Paulette Kaminski (Via facsimile (201) 347-1339) Laura Ellis-Kugler (Via facsimile (214) 953-5455) JFm a\WPYDCUSM\CslERAL\GAMMON.U1