HILL et al. V. ANDERSON et al. V. SNITZER et al. - Page 14





                64. Elias Snitzer was a guest editor for Volume 23 of the                           
           Annual Review of Materials Science.                                                      
                6S. In early April 1992, Dr. Snitzer invited Dr. Hill to                            
           write a review for Volume 23 (SR 1032, lines 2-14 and 1033, lines                        
           4-10).                                                                                   
                66. Hill alleges that it sent a facsimile to Dr. Snitzer on                         
           24 April 1992, with an outline of the manuscript Hill was to                             
           write for Volume 23 (HR 6-7).                                                            
                67. The facsimile is addressed to "Prof E. Snitzer" at                              
           Rutgers University (HR 18).                                                              
                68. Hill relies on the fax as an indication that                                    
           Dr. Snitzer was interested in Dr. Hill's article (Paper 272 at                           
           50).                                                                                     
                69. Hill does not apparently rely on the fax to demonstrate                         
           that the actual contents of the fax were received by Dr. Snitzer,                        
           or that the actual content of the fax contains a written                                 
           description of Hill's conception (Paper 294 at 39).                                      
                70. Dr. Hill testified that Cooperman sent him a letter                             
           dated 24 April 1992 (HR 23)1 confirming that Dr. Hill had agreed                         
           to write an article for the review (HR 9, 1 1S).                                         
                71. Dr. Hill alleges that Dr. Snitzer had requested that a                          
           copy of the Hill manuscript be sent directly to him (HR 10).                             


                8 Snitzer moves to exclude the letter. For reasons given                            
           infra at 55, the letter is excluded. However, not excluded is                            
           Hill's testimony that he received the letter from Cooperman.                             
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