Document aBQJLkZxOkXJzap1nDyJ0vGqN

Marcella Duncan 7-22-04.txt 24 MR. PARKER: WHY DON'T YOU ASK THE QUESTION? 25 MR. FISHBACK: I AM. 0181 1 Q. THE NAPA CATALOGS, TO WHOM WERE THEY 2 DISTRIBUTED? TO WHOM WERE THEY GIVEN? 5 MR. DUPLANTY: TODD DUPLANTY. LACKS 4 FOUNDATION, CALLS FOR SPECULATION THAT SHE DID NOT SELL 5 TO NAPA. ALSO ASSUMES FACTS NOT IN EVIDENCE, VAGUE AS TO 6 SCOPE AND TIME, AND OVERBROAD. 7 MR. FISHBACK: ASSUMING FACTS NOT IN EVIDENCE 8 THAT NAPA PURCHASED FROM VICTOR? 9 MR. DUPLANTY: CORRECT. COUNSEL, LET'S NOT GET 10 INTO AN ARGUMENT ABOUT THIS. 11 MR. FISHBACK: YOU ALREADY ADMITTED THAT IN 12 YOUR INTERROGATORIES. 13 MR. DUPLANTY: NO. 14 MR. FISHBACK: YES. 15 MR. DUPLANTY: NO, COUNSEL. 16 MR. PARKER: CAN WE HAVE THE QUESTION BACK SO 17 THE WITNESS HAS IT? 18 (THE RECORD WAS READ BY THE REPORTER AS 19 FOLLOWS: 20 "QUESTION: THE NAPA CATALOGS, TO WHOM WERE 21 THEY DISTRIBUTED? TO WHOM WERE THEY GIVEN?") 22 THE WITNESS: I DON'T KNOW TO WHOM ALL THEY 23 WERE DISTRIBUTED. WHAT PERSONAL EXPERIENCE I HAVE WITH 24 THE NAPA CATALOG, I HAD THEM IN MY CATALOG RACK AT MY 25 WAREHOUSE IN DENVER THAT WERE USED FOR CUSTOMERS COMING 0182 1 IN TO PICK UP GASKETS OR LOOK UP GASKET NUMBERS, AND THEY 2 WERE IN A RACK. AND I HAD A NAPA CATALOG, A VICTOR 3 CATALOG FOR GASKETS. 4 BY MR. FISHBACK: 5 Q. SO WITH RESPECT TO THE NAPA CATALOG -6 A. YES. 7 Q. -- WHO WAS THE CUSTOMER THAT CAME IN AND LOOKED 8 AT THOSE? 9 A. THE NAPA AND MY NAPA DISTRIBUTION PICK-UP GUY 10 AND THE JOBBERS -11 Q. ALL RIGHT. 12 A. -- THAT THEY SOLD TO. 13 Q. OKAY. SO THE NAPA DISTRIBUTION OR NAPA JOBBER 14 AGENT WOULD LOOK IN THE NAPA CATALOG, THEY'D LOOK UNDER 15 THE PARTICULAR VEHICLE NAME, THE ENGINE SIZE, AND THEY 16 WOULD ASCERTAIN A PART NUMBER THAT CORRESPONDED TO A 17 VICTOR PART NUMBER; CORRECT? 18 MR. DUPLANTY: TODD DUPLANTY. OBJECTION; LACKS 19 FOUNDATION, VAGUE AND AMBIGUOUS, CALLS FOR SPECULATION, 20 AND INCOMPLETE HYPOTHETICAL. 21 MR. PARKER: LACKS FOUNDATION. UNLESS SHE CAN 22 TELL YOU THAT SHE WITNESSED SOMEONE LOOKED IT UP AND HOW 23 THEY DID IT. 24 MR. DUPLANTY: JOIN. TODD DUPLANTY. 25 THE WITNESS: YES. 0183 1 BY MR. FISHBACK: 2 Q. ONCE THEY HAD THE -- AND TO WHOM DID THEY SAY 3 "THIS IS THE VICTOR PART NUMBER THAT I NEED TO PURCHASE"? 4 A. MY AREA IN MY WAREHOUSE THEY WOULD SAY TO ME 5 OR TO MY WAREHOUSE MEN THAT THIS IS THE PART THAT THEY 6 WANT OR THE NUMBER THAT THEY WANT. 7 Q. ALL RIGHT. AND THEN HOW WOULD THE -- YOU OR 8 THE WAREHOUSE MAN KNOW WHAT PRODUCT THAT PART NUMBER Page 76