Document em4GY2QrJqQQqOvkggvZ5N1Nm

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 1980 DOC#: EADS003 DOCUMENT DESCRIPTION: Deposition of Franklin Swersky IN TH CIRCUIT COukT FOR X COUNTY, TENNESSEE 1 EARL THOMAS NO. 3-128-77 HAROLD WAYNE BLALOCK, ET UX, 2 JAMES M, BOLINGER, ET UX NO, 1-365-77 NO. 1-462-77 LAGAN JARRETT CHIJNN, ET UX 3 WILLIAM WALTER CHITTUM, ET UX NO, 2-463-77 NO, 3-494-78 CECIL ALAN CLARK, ET UX NO, 2-713-79 4 HAROLD LLOYD COLSTON, ET UX NO, 1-74-79 RALPH G, CRIGGR, ET UX 5 JOE A. WALLACE, ET UX NO, 2-346-78 NO, 3-116-78 ROBERT WARREN MILLER, ET UX 6 LAWRENCE EDWARD REMON, ET UX NQ. 1-117-78 NO, 3-117-78 OSCAR L. WILLIAMS, ET UX 7 AVERY E. BUCKNER, ET UX NO, 1-118-78 NO, 2-118-78 FRANK HARRISON, ET UX 8 ROBERT LEE CLAY, ET UX NO, 3-118-78 NO, 1-119-78 TOM T, TREADWAY, ET UX 9 GEORGE DANIEL SMALLWOOD NO, 2-119-78 NO, 3-119-78 CARL W, REIORDAN, ET UX 10 ROY G. CAMPBELL, ET UX NO, 2-120-78 NO, 2-151-78 CONNIE G, BAWGUS, ET UX 11 DAVID L, BEARD, ET UX NO, 2-152-78 NO. 3-152-78 CHARLES ALBERT PATRICK, JR., ET UX: n o . 1-153-78 12 EARL fl, ERWIN, ET UX NO, 2-153-78 WILLIAM D. KETCHUM, ET UX 13 JOHN A, GUNTER, ET UX NO, 3-153-78 NO, 1-154-78 LUTHER CLINTON REESE, ET UX 14 CHARLES DAN CATHEY, ET UX NO, 3-154-78 NO, 2-115-78 WALTER EDGAR PATTERSON, ET UX 15 DAVE HICKSON, ET UX NO, 2-302-78 NO, 1-328-78 GARY LYNN HEADRICK, ET UX 16 ROBERT JERRELL MYERS, ET UX NO, 1-330-78 NO, 2-330-78 KENNETH RUDOLPH HARRISON, ET UX 17 MICHAEL LEE TREADWAY NO, 3-330-78 NO. 1-331-78 18 above -entitled matter taken by and before NANCY TARNOWSKI-MISARTI, a Certified 19 Shorthand Reporter and Notary Public of the State of New Jersey at the offices of Messrs. Brach, Eichler, Rosenberg, 20 Silver, Bernstein & Hammer, 33 Evergreen Place, East Orange, New Jersey, on Monday, December 22, 1980, commencing at 21 10:00 a.m. 22 Reporting Services Arranged Through: 23 ROSENBERG AND ASSOCIATES Certified Shorthand Reporters 24 769 Northfield Avenue West Orange, N. J, 07052 25 (201) 678-5650 *< '* ! 2 1 GEORGE WILLIAM HEADRICK, ET UX JOHN STEWART, ET UX NO. 2-331-78 NO. 3-331-78 2 JERRY LYNN HARRISON, ET UX NO. 3-332-78 BENNY DALE TREADWAY, ET UX NO, 1-333-78 3 RALPH EUGENE KOONTZ, ET UX TIMMONS JOE HEADRICK, ET UX NO. 3-333-78 NO. 1-334-78 4 EVELYN J. REECE, ET VIR THOMAS L, GANN NO, 2-334-78 NO, 3-334-78 5 HAROLD THOMAS WHALEY NO, 1-335-78 GARY LYNN COLE, ET UX NO, 2-335-78 6 BUSTER EDWARD GREER, ET UX NO, 3-335-78 VERNON GILBERT WHALEY, ET UX NO, 1-336-78 7 JAMES E, MeINTURF, ET UX NO. 2-336-78 BOB STEPHENS WINSTEAD, ET UX NO, 3-336-78 8 HAROLD L, TREADWAY, ET UX NQ, 1-337-78 1VA I.OU BAWGUS, ET VIR NQ, 3-337-78 9 ALLEN STARNES, ET UX NO. 1-338-78 JAMES THOMAS REEL, ET UX NO, 2-338-78 10 ONEDA ANN HOLTON, ET VIR MARVIN A, SAYNE, ET UX NO. 3-338-78 NO. 2-339-78 11 WILLIAM DAVID HEADRICK LONNIE L. COLEMAN, ET UX NO, 1-345-78 NO, 2-345-78 12 WILLARD A, DUGGER NO. 3-345-78 GEORGE E. LINDSEY, ET UX NO, 1-346-78 13 LOIS ANN STARNES COLE, ET VIR NO. 3-346-78 EMORY R, MILLER, ET UX NO. 1-347-78 14 BOBBY RAY DUGGER, ET UX NO. 2-347-78 CARROLL STARNES, ET UX NO. 3-347-78 15 IVA LEE LOUDY, Individually and for the benefit of next-of-kin 16 of Jack Loudy, Deceased NO. 1-348-78 CHARLES DAVID NAVE NO, 2-348-78 17 BARBARA G. STARNES, ET VIR NO. 3-348-78 JAMES A, PROFITT, ET UX NO. 2-349-78 18 JOHN RODNEY STARNES NO, 3-349-78 KAYE MEECE, Individually and for the 19 use and benefit of the next-of- Kan of RUEL MEECE, deceased 20 BILL JOPLIN, ET UX NO. 2-61-79 NO. 3-432-79 JOHN W. ALVIS, ET UX NO. 3-433-79 21 CHARLES D. ARNOLD, ET UX NO. 1-540-79 ROBERTA WOODY, ET VIR NO. 2-449-79 22 DANNY F. MORRISETTE, ET UX BEN BELEW NO. 3-549-79 NO. 1-550-79 23 PAUL W, HALL, ET UX NO. 2-550-79 THOMAS J. CALBAUGH, JR., ET UX NO. 3-550-79 24 ARTHUR CLAY COLLINS, ET UX NO, 3-619-79 JAMES E. MASON, ET UX NO, 1-656-79 25 LAWRENCE D, KENNEDY, ET UX NO. 2-659-79 i * Y 1 3 1 MILLARD J ROGERS, ET UX NO, 3-696-/9 SAMUEL DAVID DISNEY, ET UX NO, 3-73-79 2 RAYMOND D. WEBB, ET UX NO, 1- 714-79 ISABELLE W. SLUDER, ET VIR NO, 2- 56-80 3 HfiRSHEL J, GOFORTH, ET UX NO. 3-77-80 C, L, MURPHY, ET UX NO, 1-77-80 4 JACK W, STILES, JR,, Single NO, 1-78-80 STEDFORD JAMES ISABELL, ET UX 5 LUCILLE F. HELMECKI, Executrix of NO. 3-76-80 the Estate of NARCISSUS A, HELMECKI, 6 deceased, and Lucille F. Helmecki, individually and for the use and 7 benefit of the next-of-kin of Nareiasiis A. Helmecki, deceased 8 URTI3 G. DREWRY, ET UX NO, 2-77-80 NO, 2-200-80 WILLIAM E. BRANDON, ET UX 9 CHARLES D, BROWDER, ET UX NO. 1NO. 2- 387-80 387-80 R. L, McKINNEY, ET UX 10 LEWIS ROSS SCHLICHER, ET UX NO, 2NO, 3- 74-79 436-80 LENA W. EARLS, ET VIR, WALLIE EARLS NO, 2-425-80 11 WALLACE CEATHER VAUGHN, ET UX NO. 1- 595-80 ISAAC HARRIS, ET UX 12 WILLIAM EDGAR BLUE, ET UX NO, 2NO, 1- 609-80 632-80 BYRON LOUIS STANDIFER, ET UX 13 ROBERT F. SOLOMON, ET UX NO, 3-631-80 NO, 3-640-80 CHARLES LEE WRIGHT, ET UX 14 RICHARD GILLIAM, ET UX NO, 2- 369-80 NO, 1-683-80 JAMES W, TIPTON, ET UX 15 NO, 3- 682-80 16 17 JORNS-MANVILLE SALES CORPORATION, et al, 18 Defendants. 19 20 21 22 23 24 25 _ t < i* i ; : 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE NORTHERN DIVISION ARTHUR R, MELTON, ET UK, RICHARD HARKLEROAD, ET UX, EMANUEL G. LAWSON, ST UK* CHARLES E. MURPHY, ET UX, 5 Plaintiffs, 6 va* 7 JOHNs -Ma NVILLE s a l e s CORPORATION, ET AL, 8 9 Defendants, NO. 3-80-361 NO. 3-80-490 NO, 3-80-491 NO, 3-80-46o 10 11 12 ELMER B. PUGH, ET UX, 13 ESMOND H. HARDING, IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION t NO. 79-3510 NO. 80-3050 14 Plaintiffs, 15 vs. 16 JOHNS-MANVILLE SALES CORPORATION, ET AL, 17 Defendants. 18 19 20 21 22 23 24 25 il  IN THE CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE 1 FLOYD ALEXANDER ERWIN, ET UX 2 CHARLES D. MACKIE, ET UX JOSEPH L. DAVIS, ET UX 3 MILTON BOYD, ET UX ROBERT L. BULLOCK, ET UX 4 ELMER LEE CATHEY, ET UX JAMES V, MACKIE, ET UX 5 DON EDWARD CHILDRESS, ET UX HORACE K. OLIVER, ET UX 6 ROBERT WESLEY OVERTON, ET UX CLAUDE . MURPHY, ET UX 7 WILLIAM D. FERRELL, ET UX 8 ROGER D. JENNETTE, ET UX WILLIAM MORTON ADKISSON, ET UX 9 GRANVILLE CHILDRESS, ET UX WILLIAM TRAVIS RING, ET UX JAMES W. SMITH, ET UX 10 SILAS E. CHILDRESS, BT UX THOMAS F. HOOVER, ET UX 11 CLYDE E. HARRIS, ET UX 12 ROBERT E. DAVIS BILLY D. KEMP 13 JERRY WAYNE CANTRELL, ET UX LIVELY E. NEELY, ET UX 14 WILLIAM M. CHUNN, ET UX CLARENCE MILTON TAYLOR, ET UX 15 RUBEN C. BILLINGTON, ET UX ROBERT W. BILLINGTON, ET UX 16 WILLIAM ALBERT HARPER, JR,, ET UX HERMAN S. RING, ET UX 17 GENE M. TAYLOR, ET UX THOMAS E, ERWIN 18 FRANK J. WARD, ET UX RICHARD A. STEPHENSON, ET UX 19 JAMES W, ADKISSON, ET UX WILLIAM ROBERT WALL, ET UX 20 WILLIAM W. ERWIN, ET UX DANNY WILBURN BERLIN, ET UX 21 DONALD 0, CUNDIFF, ET UX WILLIAM T, GOOCH, ET UX 22 MILDRED RIMLINGER, Individually and for the benefit of next-of-kin of 23 Charles Harlan Rimlinger, Deceased JESSIE L. CARROLL, Individually and for 24 the benefit of next-of-kin of J, c. Carroll, Deceased 25 LOUIS CHARLES WINKLER FRANK, ET UX NO, C-3533 NO. C-3534 NO. C-3535 NO, C-3536 NO, C-3537 NO. C-3538 NO, C-3539 NO. C-3540 NO. C-3541 NO. C-3542 NO. C-3543 NO, C-3563 NO. C-3564 NO, C-3565 NO. C-3566 NO. C-3567 NO. C-3568 NO. C-3569 NO. C-3570 NO. C-3571 NO, C-3572 NO. C-3573 NO. C-3574 NO. C-3575 NO. C-3576 NO. C-5991 NO, C-6234 NO. C-6235 NO. C-6236 NO. C-6237 NO. C-6238 NO. C-6278 NO, C-6279 NO. C-6281 NO, C-6282 NO. C-6283 NO. C-6284 NO. C-6285 NO. C-6286 NO. C-6287 NO. C-6340 NO. C-6341 NO. C-6342 1 WALTER M. KING, JR., ET UX H. B. PORTER, ET UX 2 WILLIAM E. SMITH, ET UX JOEL C, NICHOLSON, ET UX 3 JAMES RONALD SMITH, ET UX JOHN WESLEY PENNINGTON, ET UX 4 WILLIAM TEDPORD BOWERS, ET UX RAYMOND T. ROLAND 5 ROBERT G. OGLESBY, JR., ET UX PAUL H. D. ROSE, ET UX 6 JAMES W. DAVIS, ET UX DANIEL PATTERSON, ET UX 7 JOHN F. BORN, ET UX JABUS S. NOWLIN, III, ET UX 8 WILL FLEMING B1LLINGTON, ET UX JAMES BRYCE NICHOLSON, ET UX 9 JAMES ARON BILLINGTON WILLIAM BOYD HOOVER, ET UX 10 HAROLD B. SIRCY, JR., ET UX JOHN KELLY GAFFORD, ET UX 11 CHARLES MARTIN CUNDIFF, ET UX LESTER E, PATTERSON, ET UX 12 MARSHALL WAYNE KING, ET UX JOHN MICHAEL CURRAN, ET UX 13 WILLIAM R. DAVIS, ET UX VECIE LAWSON TIDWELL, ET UX, 14 RICHARD DOUGLAS HURT, JR., ET UX 15 Plaintiffa, 16 vs. 17 JOHNS-MANVILLE SALES CORPORATION, at al 18 19 Defendants. 20 21 22 23 24 25 t NO, C-6343 NO, C-6344 NO, C-9698 NO, C-9699 NO, C-9700 NO. -9701 NO, C-9702 NO, C-9703 NO, C-10077 NO. C-10111 NO. C-10112 NO, -1339 NO. -1340 NO. -1337 NO, E-1338 NO. E-1403 NO, E-1479 NO, -1854 NO, E-1889 NO. E-2284 NO, E-2286 NO, -2235 NO. E-2314 NO, E-2737 NO. E-2748 NO, -2749 NO. E-2829 / APPEARANCES* MESSRS. GII^ENWATER, WHELCHEL & ROBERTS BY: PAUL T. GILLENWATER, ESQUIRE Attorney for Plaintiff*. MESSRS. DWYER, CONNELL & LISBONA, BY: DENNIS F. CAREY III, ESQUIRE Attorney for Uiuirco Industries MESSRS. MORGAN, MELHUISH, MONAGHAN, & SPIELVOGEL BY: NAN BERNARDO, ESQUIRE Attorney for Raybestos Manhattan MESSRS, HASKINS, ROBOTTOM, HACK, PIRO & O'DAY BY: SUSAN M. CLAPP, ESQUIRE Attorney for Combustion Engineering MESSRS. BUDD, LARNER, KENT, GROSS, PICILLO & ROSENBAUM BY* DAVID J. NOVACK, ESQUIRE Attorney for Johns-Manville MESSRS. HODGES, DOUGHTY & CARSON BY: WILLIAM ALLEY, ESQUIRE Attorney for Owens, Corning Fiberglas, Keene Corp., Eagle-Picher, Forty-eight Insulation Co., Armstrong World Indus tries, and for all other Defendants other than Johns-Manville, Raybestos Manhattan, Unarco Industries, and Combustion Engineering. 1 WITNESS INDEX Franklin Swersky by: Paul T. Gillenwater David J. Novack DIRECT 8 CROSS 14 RED. REC. 5 6 EXHIBIT 7 S-l 8 9 S-2 10 S-3 11 S-4 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT description Complaint and Demand for Jury Tr ia 1 Notice of Demand for Security for Costs Answer Interrogatories IDENT. EVID. 8 a 8 8 8 1 MR. GILLENWATERi The deposition of Mr. 2 Franklin Swersky is taken pursuant to Notice in the 3 cases that are captioned. It is agreed and stipu 4 lated by and between Counsel for the respective 5 parties that all objections except objections as to 6 form of the question are reserved. 7 (Complaint and Demand for Jury Triai re; 8 Fred C. Wenham marked S-l for Identification? Notice 9 of Demand for Security for Costs marked S-2 for 10 Identification; Answer marked S-3 for Identification? 11 Interrogatories marked S-4 for Identification.) 12 13 F R A N K L I N S W E R S K Y , E S Q U I R E , 500 Morris 14 Avenue, Springfield, New Jersey, Duly Sworn. 15 DIRECT EXAMINATION BY 16 MR. GILLENWATER: 17 q Would you please state your full name, your 18 age and your place of residence to the Court and Jury. 19 A Franklin Swersky. I live at 1177 Foothill Way, 20 Mountainside, New Jersey, age.65. 21 Q What is your profession, Mr. Swersky? 22 a I am an Attorney at Law of the State of New Jersey. 23 Q How long have you practiced law, sir? 24 A Approximately twenty five or more years. 25 Q Are you licensed to practice law in the State bwersky - direct y 1 of New Jersey? 2A Yes, I am. 3 Q Are you presently engaged in the act of prac 4 tice of law? 5A Yes. 6 'j Where are your office located now? 7A 8 500 Morris Avenue, Springfield, New Jersey. Q Mr. Swersky, back in I960, 1961, did you have 9 occasion to represent a man named Fred C. Wenham? 10 A Yea, 1 did. 11 q Would you please tell us the circumstances 12 surrounding your representation of Mr. Wenham? 13 A He was referred to my office, which was located in 14 Newark, New Jersey at the time. It wae probably at the end 15 of 19 -- well, it wae prior to 1961. 16 Mr. Wenham had been treated by a doctor for a 17 bronchitis condition, and he came into my office with a 18 medical report. As result of that report I had him examined, 19 and the report indicated that Mr. Wenham suffered from 20 asbestosis. 21 I thereupon filed a Worker's Compensation Claim 22 Petition on behalf of Mr. Wenham in the Department of Labor 23 and industry of New Jersey. The claim petition was based 24 upon nilateral aabestosis arriving out of in the course of 25 his employment. He worked through a Union and I think he 1 ^weraky - direct 1 lived in the Bronx at the time, and he worked through a 2 Union, He was working for some company, I don't recall the 3 name of the company who is named as a Respondent in the 4 compensation claim petition, 5 G Did you at some time after that file what is 6 called a common law cause of action on behalf of Mr, Wenham? 7 ? yes, X filed a third-party action on behalf of Mr. 8 Vi/enhaui who, however, had died in the meantime. He had died 9 prior to the disposal of the compensation claim, and we had 10 to change the compensation claim to a dependency claim 11 petition on behalf of his wife. 12 I thereupon filed a third-party action after we had 13 disposed of the compensation claim, I filed a third-party 14 action gainst Johns-Manville Products, and the action was 15 filed by Bessie Vina who was Mr* Wenham*s daughter at the 16 tint:, .ohe was the administratix ad prosequendum. She lived 17 in t:.e Bronx. I believed he lived with her, and he had 18 predeceased, so, therefore, X filed the third-party action 19 through Bessie Vina, the administratrix. 20 G Mr. Swersky, do you have still in your office 21 a prt of this old file? 22 Yos. l have the Complaint and Demand for jury trial, 23 I h.cji- a copy of it that I had retained in my form files, 24 and tl.is consists of three counts, and was signed by me. 25 It !.. Complaint and Demand for jury trial, and the wersky - direct 1 Plaintiff was Fred C. Wenham by Bessie Vina, administratrix 2 ad x>rosequendum, and the Defendant was Johns-Manville 3 Products Corporation, which was a corporation of the State 4 of Delaware. 5 Q The document that you have in front of you, 6 is tnut a copy of it or the one that you have and have re 7 tained in your file in the ordinary and normal course of 8 your business? 9A Yes -- 10 MR. NOVACKj Objection to the form of the 11 question. The witness has stated to the contrary 12 A This is a copy of the original Complaint and Demand 13 for unry Trial which was filed with the United states Dis 14 trict Court for the District of New Jersey, 15 Q When was that Complaint filed in the Federal 16 Court against Johns-Manville? 17 A it would have been the early part of 1961, probably 18 in February of 1961. 19 Q What was the basis of the complaint, that is, 20 wht did the complaint complain of Johns-Manville about? 21 A well, Mr. Wenham was an asbestos applicator. He 22 would insulate pipes and boilers, and in order to insulate 23 it apparently he would mix asbestos powder or dust, he would 24 mix it with water, for example, to make a paste, and then 25 he would apply it to insulate various, various industrial I owtoi'a^y --- direct 1 application. 2 MR, GILLENWATER: I'd ask that the Complaint 3 that you have just referred to which is marked 4 Exhibit S-l be offered in evidence. 5 G Mr. Swersky, I have your file, and I have 6 fiiiot.ujr document which has been marked S-2, and ask you if 7 tntl .a a document that came from your file and if you can 8 identify that. 9A ifeu. After I had filed the Complaint I received 10 from oefendant's attorney a Notice of Demand for Security 11 for Costs, which was required under the Federal Rules, and 12 this was dated April 14, 1961, and this is a copy that I 13 recojved from the Defendant's attorney. 14 MR. GILLENWATER* I ask that Exhibit No. S-2 15 .ne admitted in evidence. 16 j I have another document which also came from 17 your rile which is marked Exhibit No. S-3, and ask if you 18 recognise that? 19 a Yes. This is a copy of the Answer that was filed 20 by tjio defendant in answer to the Complaint that I had 21 fileu. There is no date on this Answer, but apparently I 22 acknowledged service of this answer sometime in April, 1961. 23 MU. GILLENWATER* I ask that Exhibit No. S-3 24 wo .admitted in evidence. V 25 <j 1 have another document that also came from ii ' ' ' ` 4 ; Swersky - direct 13 1 your file marked Exhibit S-4, and ask you if you can identi 2 fy that. 3A These are Interrogatories that were prepared by 4 Defendant and served upon, and they set forth a voluminous 5 number of questions, and this apparently was served upon me 6 on jeptember 5, 1961, because I acknowledged it on said 7 date. 8 MR. GILLENWATERj I offer that document in 9 evidence. 10 Q Mr, Swersky, you said that there was a settle 11 ment. Would you explain to us about the settlement entered 12 into between you on behalf of the Wenham estate and Johns- 13 Manville? 14 A Well, we had received a compensation award, Mr, 15 Wenham died during the course of the compensation claim 16 petition, and 1 then executed a dependsncy claim petition 17 on behalf of hia widow who lived,* who had moved to England, 18 and wua living in England at that time, and the dependancy 19 claim petition, the judgement awarded the widow a certain 20 amount of money, I believe it was approximately $17,000 21 under the compensation statute at the time for total dis 22 ability as the result -- on behalf of the dcdant because 23 of tiiu death arose out of in the course of his employment, 24 lie had asbestosis in both lungs, and this had metastasized, 25 it baa become cancerous and metastasized throughout the Swersky direct 14 1 foody, although both doctors agree that the primary source 2 of the cancer was the lungs, and therefore, she was given 3 an award for approximately $17,000. However, I had then 4 filed a third-party complaint, and -- 5 Q Against Johns-Manville? 6A Against dohne-Manville, and of course, the compensa 7 tion carrier would have been entitled to up to $17,000 in 8 reinfoursement of their expenses. 9 The widow was living in England at the time, and she 10 would not have come back to America, and I thereupon settled 11 the case with Johns-Manville I believe for approximately 12 $10,000, and worked out something with the comp carrier, 13 wherein they allowed a certain percentage, 1 believe a third 14 or a quarter to the widow and they took the balance of the 15 proceeds. 16 MR. NOVACKs For the record, 1 would like to 17 move to strike the witness's response as not being 18 responsive to the question posed by Counsel. 19 MR. GXLLENWATERi Thank you, sir. You, ladies 20 and gentlemen , may inquire. 21 22 c r o o s -e x a m i n a t i o n by 23 Mr . liOVriCKs 24 u Mr. Swersky, my name is David Novack. I 25 represent Johns-Manville in this matter. Counsel for the Swersky - cross 1 Plaintiff frequently in hia examination of you referred to 2 your file. Do you actually have a file with regard to the 3 matter of Wenham versus Johns-Manville or the Wenham Estate 4 versus Johns-Manville? 5A 1 didn't have the complete file anymore, but I had 6 extracted certain of these documents that I kept in my 7 fora, files throughout the year. 8 Q So when Counsel for Plaintiff said "your 9 file.", he was really referring to your form file, isn't 10 that right? 11 A That ia correct, as far as these documents are con 12 cerned, yes. 13 Q And these documents, the documents that were 14 marked here today came from your form file, not from any 15 file which you maintained in the pursuit of this litigation, 16 isn't that right? 17 A No, except they came out of the Wenham file that I 18 had. 19 MR. NOVACK: I have no further questions of 20 this witness. 21 'viy 22 MR. GILLENWATER: At the conclusion of the deposition of Mr. Swersky it is agreed and stipu 23 lated by and between the parties that I be permitted 24 to take the videotape of the deposition of Mr. 25 Swersky into my possession, and return it to 16 Knoxville for use in the cases as they are called. It is further agreed and stipulated that the videotape operator will breajc the seal on the videotape, and as I understand by doing that yog can't tape over it or change it, is that correct? Kk. ATTANUCIO: Not one hundred percent correct, but X will just clarify it for you. basically, if you put it in you won't accidently. Purposely you could. (Whereupon proceedings were adjourned at 2i00 p.ut. ) I, NANCY TARNOWSKI-MISARTI, C.S.R., R.P.R, a Notary Public and Shorthand Reporter of the State of New jersey, do hereby certify that prior to the commencement of the examination Franklin sweraky was duly sworn by me to testify the truth, the whole truth and nothing but the truth. I DO FURTHER CERTIFY that the foregoing is a true and accurate transcript of the testimony as taken stenographically by and before me at the time, place and on the date hereinbefore set forth, to the best of my ability. I DO FURTHER CERTIFY that I am neither a relative nor employee nor attorney nor counsel of any of the parties to this action, and that 1 am neither a relative nor employee of such attorney or counsel, and that I am not financially interested in the action.