Jerry and Patricia A. Dixon, et al - Page 36




                                       - 123 -                                        

          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                

Page:  Previous  113  114  115  116  117  118  119  120  121  122  123  124  125  126  127  128  129  130  131  132  Next

Last modified: May 25, 2011