Tobacco Documents Online

C 0 N F I D E IT T I A L 1 1 STATE OF MINNESOTA DISTRICT COURT 2 COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT 3 4 The State of Minnesota, 5 by Hubert H. Humphrey, III, 6 its attorney general, 7 and 8 Blue Cross and Blue Shield 9 of Minnesota, 10 Plaintiffs, 11 vs. File No. Cl-94-8565 12 Philip Morris Incorporated, R.J. 13 Reynolds Tobacco Company, Brown 14 & Williamson Tobacco Corporation, 15 B.A.T. Industries P.L.C., Lorillard 16 Tobacco Company, The American 17 Tobacco Company, Liggett Group, Inc., 18 The Council for Tobacco Research-U.S.A., 19 Inc., and The Tobacco Institute, Inc., 20 Defendants. 21 - - - - - - - - - - - - - - - - - - 22 DEPOSITION OF JAMES F. GLENN 23 Volume I, Pages 1 - 283 24 25 STIREWALT & ASSOCIATES P.O. BOX 18188, MINNEAPOLIS, MN 55418 1-800-553-1953 L.r Ti"e i i N 0-"f' 2"i.~ .~ ,~

C 0 N F I D E N T I A L 2 1 (The following is the deposition of JAMES 2 F. GLENN, taken pursuant to Notice of Taking 3 Deposition, under Rule 30.02(f), at the offices of 4 Dorsey & Whitney, 16th Floor, 250 Park Avenue, New 5 York, New York, commencing at approximately 9:11 6 o'clock a.m., September 3, 1997.) 7 APPEARANCES: 8 On Behalf of the Plaintiffs: 9 Daniel A. O'Fallon 10 Robins, Kaplan, Miller & Ciresi 11 Attorneys at Law 12 2800 LaSalle Plaza 13 800 LaSalle Avenue 14 Minneapolis, Minnesota 55402 15 On Behalf of Philip Morris Incorporated: 16 Randall Frykberg 17 Dorsey & Whitney 18 Attorneys at Law 19 Pillsbury Center South 20 220 South Sixth Street 21 Minneapolis, Minnesota 55402-1498 22 23 24 25 STIREWALT & ASSOCIATES P.O. BOX 18188, MINNEAPOLIS, MN 55418 1-800-553-1953 C" T R H N 0 4 2- a I "

(I C O N F I D E N T I A L 3 1 On Behalf of Lorillard Tobacco Company: 2 Connie S. Iversen 3 Doherty, Rumble & Butler 4 Attorneys at Law 5 2800 Minnesota World Trade Center 6 30 East Seventh Street 7 St. Paul, Minnesota 55101-4999 8 On Behalf of The Council for Tobacco 9 Research-U.S.A., Inc., and the Deponent: 10 Bruce G. Merritt and Eric M. Falkenstein 11 Debevois & Plimpton 12 Attorneys at Law 13 875 Third Avenue 14 New York, New York 10022 15 16 17 18 19 20 21 22 23 24 25 STIREWALT & ASSOCIATES P.O. BOX 18188, MINNEAPOLIS, MN 55418 1-800-553-1953 i.r f f . HN 0`°f' `2G S. 3

C O N F I D E N T I A L 1 4 I N D E X 2 EXHIBITS DESCRIPTION PAGE `4ARKED 3 Exhibit 1148 "A Frank Statement to 4 Cigarette Smokers," Bates 5 11309817 75 6 1149 Agenda, TIRC Meeting, 7 January 18, 1954, Bates 8 JH 000395-400 8: 9 1150 Forwarding Memorandum, Bates 10 JH 000493-501 7= 11 1151 Memo dated December 8, 1970, 12 Wakeham to Cullman, Bates 13 2022200161-3 106 14 1152 Press release for December 27, 15 1954, Bates 11311164-6 126 16 1153 Press release for June 4, 17 1957, Bates 11313128 14~1 ~ 18 1154 Press release for July 15, 19 1957, Bates 11313243-4 148 20 1155 Press release for November 21 27, 1959, Bates 11311722-5 161 22 1156 Press release for April 19, 23 1963, Bates 11312128-30 17C 24 25 STIREWALT & ASSOCIATES P.O. BOX 18188, MINNEAPOLIS, MN 55418 1-800-553-1953 CTR 1 Nl I 042814

C O N F I D E N T I A L 5 1 1157 Press release for February 2 3, 1969, Bates CTR PUBLIC 3 STATEMENT 001239-43 178 4 1158 Excerpt of testimony of 5 Glenn before Congress 200 6 1159 Associated Press release 7 and attached Star & Tribune 8 article 203 9 1160 Response of CTR-USA to 10 Plaintiffs' First Set of 11 Requests for Admission 220 12 1161 Memo dated April 5, 1968, 13 Wakeham to Holtzman, Bates 14 1000323262 230 15 1162 Report on Visit to U.S.A. 16 and Canada 17th April - 12th 17 May 1958, Bates 301083806-7 241 18 1163 Memo dated October 23, 1956, 19 Hoyt to Hartnett, Bates 20 50067727-8 252 21 22 23 24 25 STIREWALT & ASSOCIATES P.O. BOX 15188, MINNEAPOLIS, MN 55418 1-800-553-1953 C T R N N 0 42 8 1 '53'

C O N F I D E N T I A L 00:00:32 00:00:34 00:00:34 00:00:36 00:00:40 00:00:42 00:00:44 00:00:48 00:00:48 00:00:50 00:00:52 00:00:52 00:00:56 00:00:58 00:01:08 00:01:14 00:01:16 6 1 P R O C E E D I N G S 2 (Witness sworn.) 3 JAMES F. GLENN 4 called as a witness, being first duly 5 sworn, was examined and testified as 6 follows: 7 ADVERSE EXAMINATION 8 BY MR. O'FALLON: 9 Q. Could you please state your full name for the 10 record. 11 A. James Francis Glenn. 12 Q. Dr. Glenn, my name is Dan O'Fallon and I'm 13 representing the State of Minnesota and Blue Cross 14 Blue Shield in an action brought against a number of 15 defendants, including The Council for Tobacco 16 Research. 17 You currently work for The Council for Tobacco 18 Research; correct? 19 A. Yes. 20 THE REPORTER: Just a moment, please. Off 21 the record. 22 (Discussion off the record.) 23 BY MR. O'FALLON: 24 Q. Dr. Glenn, do you understand -- I'm sorry. 25 Could you tell me your current position? STIREWALT & ASSOCIATES P.O. BOX 18188, MINNEAPOLIS, MN 55418 1-800-553-1953 i.r f R t t N i..d 420'6.7G 167

C O N F I D E N T I A L 00:01:20 00:01:24 00:01:26 00:01:28 00:01:32 00:01:36 00:01:40 00:01:42 00:01:46 00:01:48 00:01:48 00:01:50 00:01:52 00:01:54 00:01:56 00:01:58 00:02:02 00:02:02 00:02:04 00:02:10 00:02:12 00:02:12 00:02:14 00:02:16 00:02:20 7 1 A. I'm chairman of the board of The Council for 2 Tobacco Research. 3 Q. Do you have any other titles? 4 A. Yes. I'm professor of surgery, University of 5 Kentucky; past chairman of the department; past 6 director of the Markey Cancer Center at the 7 University; former associate dean and chief of staff 8 of University Hospital. 9 Q. Do you have any other titles at The Council for 10 Tobacco Research? Are you also the president? 11 A. Yes. 12 Q. And do you hold any other titles? 13 A. I'm the chief executive officer. 14 Q. Anything else? 15 A. No. 16 Q. So you're currently the chief executive of-Fficer, 17 the chairman of the board, and the president for The 18 Council for Tobacco Research; correct? 19 A. Yes, sir. 20 Q. Dr. Glenn, I believe you've had your deposition 21 taken previously; correct? 22 A. Yes. 23 Q. Could you give me all instances in which you've 24 had your deposition taken? 25 A. I can't recall every instance because it goes STIREWALT & ASSOCIATES P.O. BOX 18188, MINNEAPOLIS, MN 55418 1-800-553-1953 C06TR 1"IN 042-817"

C O N F I D E N T I A L 00:02:28 00:02:32 00:02:38 00:02:42 00:02:52 00:03:02 00:03:16 00:03:20 00:03:22 00:03:22 00:03:26 00:03:30 00:03:32 00:03:34 00:03:34 00:03:38 00:03:12 00:03:42 00:03:44 00:03:46 00:03:46 00:03:52 00:03:56 00:03:56 00:03:58 8 1 back over 40 years. Mostly relative to medical 2 matters. With regard to The Council for Tobacco 3 Research, I've been deposed on four occasions. 4 Q. And what are those occasions, sir? 5 A. The Broin case in Miami, Florida; the Louisiana 6 case; the -- one of the Willner cases in 7 Jacksonville, Florida; and one other deposition by 8 Mr. Motley and his associates. 9 Q. Was that in connection with the Mississippi 10 litigation? 11 A. I think it was in connection with several 12 actions in which he is a participant. 13 Q. Was that the deposition taken on March 18t: of 14 this year? 15 A. I can't tell you that. 16 Q. When were those other depositions taken? And 17 let's start with Broin. When was the Broin 18 deposition taken? 19 A. Three years ago. 20 Q. How about the Louisiana case, when was that 21 taken? 22 A. Earlier this year. 23 Q. Has it been within the last two or three mcnths? 24 A. No. 25 Q. Was it taken in February? STIREWALT & ASSOCIATES P.O. BOX 18188, MINNEAPOLIS, MN 55418 1-800-553-1953 4.r !aR ! II I 0 I iwc V18

C O N F I D E N T I A L 00:04:00 00:04:04 00:04:06 00:04:08 00:04:12 00:04:14 00:04:18 00:04:20 00:04:20 00:04:24 00:04:26 00:04:34 00:04:36 00:04:40 00:04:40 00:04:46 00:04:50 00:04:54 00:04:56 00:04:58 00:05:04 00:05:10 00:05:16 00:05:18 00:05:18 9 1 A. I can't remember, Mr. O'Fallon. It was taken 2 sometime early this year as I recall. 3 Q. Okay. And how about the Jacksonville, Florida 4 deposition, when was that taken? 5 W A ll I thi k . e n -- 6 I was deposed by Mr. Motley on two sepa rate 7 occasions. The first one was last year. 8 Q. 1996? 9 A. Yes. 10 Q. And then a second deposition in 1997? 11 A This ear . y , yes. 12 Q. And that's the sum total of all the depositions 13 you've give.^n on behalf of The Council for Tobacco 14 Research or as an employee of The Council for Tobacco 15 Research? 16 A. I can't tell you that. I think it is. 17 Q. To the best of your recollection, there have 18 been no other depositions that you've given while 19 you've b een an employee of The Council for T obacco 20 Research . 21 A. I gave one additional deposition recent ly to one 22 of Mr. Rosenblatt's associates , Mr. Hoag, relative to 23 a class action s it i Fl id u n or a. 24 Q. Approximately when did you give that deposition, 25 sir? STIREWALT & ASSOCIATES P.O. BOX 1S188, MINNEAPOLIS, MN 55418 1-800-553-1953 ".TlR HN 04228 19

C O N F I D E N T I A L 10 000518 000528 000530 00:0530 00:05:38 0005:42 0005:42 000544 00:0546 00:05:46 00:05:48 0005:50 0005:52 000556 000558 000600 000604 00:0604 00:0606 00:0606 00:0608 000608 000618 000622 000624 1 A. About a month ago. 2 Q. Any other depositions while you were an employee 3 of The Council for Tobacco Research that you can 4 recall? 5 A. I already explained that to you. I have 6 appeared in a number of medical malpractice -- 7 Q. No, I'm sorry, while you were an employee of the 8 Tobacco Research. 9 A. While I was an employee of the -- 10 Q. Okay. 11 A. -- Council for Tobacco Research, I gave medical 12 malpractice depositions. 13 Q. Okay. Okay. I'm sorry, I was unclear about 14 that. Thanks for clarifying that. So that's -- 15 So in the last nine years -- I think you started 16 with The Council for Tobacco Research in 1987 -- 17 you've also been -- you've also given some medical 18 malpractice depositions. 19 A. Yes, sir. 20 Q. Were you testifying on behalf of the plaintiffs 21 or defendants in those cases? 22 A. Both. 23 Q. When you were testifying in those cases, were 24 you testifying on issues of liability, or subsequent 25 issues of treatment? STIREWALT & ASSOCIATES P.O. BOX 18188, MINNEAPOLIS, MN 55418 1-800-553-1953 CTR NN 042 8'*:'0