Jerry and Patricia A. Dixon, et al - Page 35




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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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