FURMAN et al. V. BELLEAU et al. - Page 16





                    35. The signature "George R. Painter," dated 19 August 1990, and the witness                        
                           signature " John P. Shockor","i dated 20 August 1990, appear at the bottom of the            
                           notebook page.                                                                               
                    36. The notebook page contains notations that appear to identify the sixteen samples                
                           that were identified only by code in the 17 or 18 July notebook entry.                       
                    37. Notably, DCL-07 is identified as (+) BCH- 189, DCL-08 is identified as                          
                           (-) BCH-1 89, and DCL- 12 is identified as (±) BCH-I 89.                                     
                     38. Furman has not presented testimony from Dr. Painter.                                           
             Dr. Karen Biron's and Sheila Smith Kondy's 12 testimon :                                                   
                    39. According to Dr. Biron of BW, she initiated contact with Dr. Korba to establish a               
                           procedure for anti-HBV testing for BW compounds. (Exh. 2050 at T 3).                         
                     40. Karen Biron testified that she would conduct a meeting to discuss "sample                      
                           priority" since there were a limited number of samples that could be tested by               
                            Dr. Korba at any time. (Exh, 2050 at T 4).                                                  
                     41. In her testimony, Dr. Biron refers to a memorandum dated 13 October 1989.                      
                           (2050 at 14).                                                                                


                     10 While the signature on the notebook page is illegible, we have no reason to                     
             discredit Dr. Shockor's declaration testimony that he witnessed the notebook page. (Exh. 2053 at           
               7 ).                                                                                                     
                     I] DCL-07, DCL-08, and DCL- 12 are also identified by what is said to be their BW                  
             internal codes of 1960U90UA, 1961U90UA, and 1965U90UA, respectively (Paper 88 at 8-9 and                   
             Exh. 2012).                                                                                                
                     12 It is our understanding that Sheila Smith Kondy and Sheila Smith are the same                   
             person.                                                                                                    
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