FURMAN et al. V. BELLEAU et al. - Page 17





                     42. The memorandum states that "[tjhere will be a meeting to select the next ten                 
                           compounds for testing against human H13V by Brent Korba of Georgetown".                    
                           (Exh. 2018).                                                                               
                     43. Neither Dr. Painter nor Dr. Furman is on the distribution list found at the bottom           
                           of the memorandum.                                                                         
                     44. Ms. Kondy of BW testified that she reported to Dr. Biron and that part of her                
                           duties was to collect samples from BW chemists and forward them to Dr. Korba               
                           for anti-HBV testing. (Exh. 2052 at T$ 3, 4).                                              
                     45. According to Ms. Kondy, she sent samples from George Painter to Dr. Korba for                
                           anti-HBV testing and recorded the samples in her notebook on 31 October 1990.              
                           (Exh. 2052 at ý 6).                                                                        
                     46. Furman has submitted evidence that is said to be a notebook page from Ms.                    
                           Kondy's notebook. (Exh. 2011).                                                             
                     47. On the page, under the notation "from G. Painter", is a list consisting of BCH-] 89          
                           and five other Liotta samples.                                                             
                     48. Of the four Liotta samples said to exhibit anti-HIV activity (Exh. 2045), only               
                           BCH- 189 appears on the list.                                                              
              Dr. Korba's test results:                                                                               
                     49. According to Furman, Dr. Korba tested BCH- 189 in an in vitro assay (test) that              
                           utilizes a human cell line transfected with HBV DNA (Paper 88 at 10).                      
                     50. Furman has submitted evidence that appears to be a report dated                              



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