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response to respondent's summons. During the deposition, the
parties conducted a telephone conference call with Judge Goffe
regarding Mr. Kersting's failure to produce the requested
documents. As a result of the conference call, the parties
agreed that Mr. McWade could inspect documents that Mr. Kersting
had produced in response to the summons. Mr. McWade's review of
these documents was intended to satisfy Mr. Kersting's obligation
to produce documents at his deposition. Mr. Kersting and
Mr. Bradt agreed to this procedure.
VIII. Trial of Test Cases (January 1989)
The trial of the test cases was conducted before Judge Goffe
during January 9 through 27, 1989, at Honolulu, Hawaii.
Respondent was represented at the trial by Messrs. McWade,
Dombrowski, and Hatfield. Mr. Sims attended the trial but did
not enter an appearance for respondent. Mr. Sims and Mr. McWade
did not inform Judge Goffe, the National Office, the Regional
Office, or Mr. Izen of the Thompson and Cravens settlements or
the Alexander understanding before or during the January 1989
trial of the test cases.
Respondent issued subpoenas duces tecum to all test case
petitioners, directing them to appear, testify, and produce
documents at the trial of the test cases. Each of the eight test
case petitioners testified during the trial of the test cases.
Mr. Hatfield conducted the cross-examination of test case
petitioners Dixon, Owens, Young, DuFresne, Rina, and
Hongsermeier. Mr. McWade conducted the cross-examination of
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