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allegations that Mr. Alexander was assisting the Government in
the criminal investigation.
On August 25, 1988, Mr. McWade filed a motion to take
Mr. Kersting's deposition in the test cases. Mr. McWade attached
a number of documents to his motion for the purpose of refuting
Mr. Kersting's allegations that he was under criminal
investigation. In particular, Mr. McWade attached copies of the
affidavits that Messrs. Alexander and Kozak had submitted to
Mr. McWade in August 1986, as well as copies of the various
documents and letters circulated between Messrs. Alexander,
Matsumoto, and Kozak during that same period. See supra pp. 106-
111. By order dated August 30, 1988, the Court granted
Mr. McWade's motion to depose Mr. Kersting.
During October 24 through 27, 1988, Mr. Kersting was deposed
in Honolulu. Mr. Bradt represented Mr. Kersting at the
deposition. Mr. McWade, along with Jeffrey A. Hatfield
(Mr. Hatfield), and Thomas A. Dombrowski (Mr. Dombrowski),
questioned Mr. Kersting on behalf of respondent.52 Mr. Izen and
Mr. DeCastro questioned Mr. Kersting on behalf of their clients.
Mr. Cravens did not participate in the deposition.
Mr. Kersting did not bring any documents to the deposition;
he claimed that the documents had already been produced in
52 Messrs. Dombrowski and Hatfield were both trial
attorneys with the Office of Chief Counsel assigned to the
San Diego District Counsel Office. In September 1988,
Messrs. Dombrowski and Hatfield were assigned to assist
Mr. McWade in the trial of the Kersting test cases.
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