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1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1S 19 20 21 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION THE STATE OF•TEXAS, . Plaintiff, . vs. . Civil Action No. 5-96CV91 THE AMERICAN TOBACCO, . et al., Defendants. Baltimore, Maryland September 12, 1997 Videotaped deposition of RICHARD E. KOURI, Ph.D., A Witness, called for oral examination by counsel for the State of Texas, taken at the Harbor Court Hotel, 550 Light Street, Caucus Room, before Shari L. Nelson, Notary Public, beginning at 9:50 o'clock a.m. Reported By: Shari L. Nelson, RMR-CRR Riggleman, Turk & Nelson (410) 539-6398 RIGGLEDLAN, TURK & NELSON CTR H~# 04~~85

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A P P E A P. A N C E S SUSAN NIAL, ESQ., cn behalf of the State of Texas. LARRY W. THORPE, ESQ., on behalf of the State of Texas. CRAIG T. EDWARDS, ESQ., on behalf of the Barnes Plaintiffs in Penrsylvania. LOUIS GOTTLIEB, ESQ., on behalf of New York. STEPHEN J. McCONNELL, ESQ., on behalf of Philip Morris. ROBERT J. KIRSF?ENBERG, ESQ., on behalf of Lorrilard Tobacco Company. DAVID B. ALDEN, ESQ., on behalf of R. J. Reynolds Tobacco Co:apany. BRUCE G. MERRITT, ESQ., and ALAN H. SCHEINER, ESQ., on behalf of CTR. Also Present: Lisa Bauer, Videographer. Judy Scolnik, Ness-Motley. RIGGLEMAN, TURK & NELSON ~..~. ``R l~N 0~' ~..-~.~86

3 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 C 0 N T E Pi T S Witness Page RICHARD E. KOURI, Ph.D. Examination By Ms. NiGl. ...... 9 Examination By Mr. Merritt ..... 72 E X F? I B I T S Number Descriotion 1 Curriculum Vitae . . . . . . . . . . 2 Consultancy Aareement. . . . . . . . 3 Check with attached letter to Richard Kouri, Ph.D., from Karen M. Markert dated July 22, 1997. .... 16 4 Subpoena . . . . . . . . . . . . . . 16 5 Subpoena . . . . . . . . . . . . . . 16 6 Affidavit . . . . . . . . . . . . . . is 7 Stages in Carcinoaenesis ...... 25 8 Contract 30 . . . . . . . . . . . . . 25 9 A Frank Statement to Cigarette Smoke rs . . . . . . . . . . . . . . . 3 0 10 Chronic Exposure of Mice to Cigarette Smoke. . . . . . . . . . . 39 11 Distribution list. . . . . . . . . . 46 RIGGLENLkN, TURK & NELSON CT R I I N 0 4313 Bf"

4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Exhibits (Continued) Number Description Marked 12 Memorandum to Robert F. Gertenbach from Leonard S. Zahn dated October 1, 1984 . . . . . . . . . . . . . . . 47 13 Article . . . . . . . . . . . . . . . 59 14 Memo to CTR File from R. B. Seligman dated October 25, 1978 . . . . . . . 65 15 Application for Research Grant . . . 100 16 Letter to William U. Gardner from Richard E. Kouri, Ph.D., dated May 24, 1978 . . . . . . . . . . . . 101 17 ADplication for Research Grant . . . 104 18 Memo to Dr. W. U. Gardner from Hans Meier dated March 10, 1978 ..... 117 19 Final Report . . . . . . . . . . . . 181 20 Agenda-Executive Committee and Contract Committee Meeting . . . . . 186 21 Proposed Studies from CTR 0030- Smoke Inhalation Carcinogenis Studies in Mice . . . . . . . . . . . 193 22 Progress Report for CTR-0030 - Smoke Inhalation Studies in Mice ..... 198 23 Letter to William U. Gardner from Richard E. Kouri and Carol J. Henry. 198 24 Progress Report for CTR-0030 - Smoke Inhalation Studies in Mice ..... 206 RIGGLEMAN, TURK & NELSON C/"R! I C 7 0 43 1r+` b3 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 5 25 Official Abstract Form . . . . . . . 213 26 Letter to Sheldon C. Sorr.mers from Carol J. Henry dated December 22, 1981 . . . . . . . . . . . . . . . . 249 27 Letter to Tom Hoyt from Joh-n Parker dated December 6, 1983 . . . . . . . 249 28 Letter to Sheldon C. Sor,..;;ers from Carol J. Henry, Ph.D., dated July 31, 1985 , , , , , , , , , , , , , , 257 29 Letter to Elizabeth K. Weisburger from Carol J. Henry, Ph.D., and Richard E. Kouri, Ph.D., dated August 16, 1985. . . . . . , , , , , 62 0 RIGGLEMAN, TURK & NELSON i..r' TR T al ) 47 04,3389

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 6 P R O C E E D I N G S MS. BAUER: This video deposition is being taken in accordance with Texas Rules on September 12, 1997, at 9:49 a.m. at 550 Light Street in Baltimore, Maryland. The Court Reporter is S:ari Nelson with Riggleman, Turk & Nelson. My name is Lisa Bauer with Riggleman, Turk & Nelson. The equipment being used is a Panasonic camcorder. The caption of the case is the State of Texas versus The American Tobacco, et al, in the U. S. District Court, Eastern District of Texas, Case No. 5-96CV91. Will the attorneys please identify themselves and who they represe nt MS. . NIAL: Susan Nial from Ness-Motley for the State of Texas. MR. THORPE: Larry Thorpe, Reaud, Morgan & Quinn for the State of Texas MR. . EDWARDS: Craig Edw ards, Mellon, Webster & Mel1on, State of Pennsylvania, Barnes. MR. GOTTLIEB: Lou Gott lieb, Goodkind, Labaton, Rudoff & Sucharow, i n the New York class action cases. RIGGLEMAN, TURK & NELSON ~. ~5~' ~~#~ 0~ ~~1~90

7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MR. McCONNELL: Stephen McConnell of Dechert, Price & Rhoads representing Philip Morris in the case of Barnes in the Eastern District of Pennsylvania. I would like a stipulation on the record that we're following the Texas Rule and there's a stipulation that for purposes of the Barnes case, that all objections including those as to form are reserved for purposes of trial. Particularly I would like that stipulation on the record for Mr. Edwards. MR. KIRSHENBERG: Robert Kirshenberg from Greenberg & Trauric in New York on behalf of Lorillard Tobacco Company in the New York class actions and I would join in the request with my co-counsel here with respect to the stipulation. MR. ALDEN: David Alden from Jones, Day, Reavis & Pogue on r:half of Reynolds. MR. SCHEINER: Alan Scheiner from Debevoise & Plimpton on behalf of Council for Tobacco Research--U.S.A., Inc. MR. MERRITT: Bruce Merritt, Debevoise & Plimpton, on behalf of Council for Tobacco Research. RIGGLENLkN, TURK & NELSON Cf R f f f~f 043391

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 8 MS. BAUER: The witness today is Doctor Richard Kouri and will now be sworn in . MR. MERRITT: Before we swear the witness, can we just reiterate the stipulation . MS. NIAL: I was going to say, maybe Craig, you want to stipulate for your clients and Mr. Gottlieb for your clients? I think you need to do that verbally. MR. EDWARDS: We just stipulate that all procedural and other objections will be maintained. MR. GOTTLIEB: I'll make the same stipulation for the New York Plaintiffs that all objections will be reserved including objections as to form. MR. MERRITT: Let me add for the record that it's my understanding that under the Texas Rule, all objections whether of substance or form are reserved in the Texas case as well. So as I understand it, we are operating under the same rule here for all the cases that this has been Noticed or cross-Noticed in, and that all objections =or form, objections in the nature of leading question, motions to strike for lack of responsiveness, these are all reserved? MS. NIAL: That is my understanding. RIGGLEhVuN, TURK & NELSON ~w" 7 I T I I I I 04,339212

9 10 11 12 13 14 15 16 17 18 19 20 21 MR. THORPE: That's correct, and the only objection that can be made is as to privilege. MR. MERRITT: That is so stipulated? MR. THOF.?E: So stipulated. MR. EDWF:DS: So stipulated. MR. GOTTLIEB: So stipulated. MS. NIAL: Good morning, Doctor Kouri, I think you need to be sworn in. Would you swear the witness, please. Thereupon --- RICNAR.D E. KOURI, Ph.D. A Witness, called for oral examination by counsel for the State of Texas, having been first duly sworn by the Notary Public, was examined and testified as follows: EYAMIN=.TION BY MS. NIAL Q Doctor Kouri, before we begin the questioning this morning, I would like to go over a few ground rules for you so that we're all on the same page when we go through the deposition. First of all, even though this is informal, informal setting in a hotel room, this is exactly the same as it would be if you were in a courtroom. This deposition can RIGGLE~ULN, TURK & NELSON c,.r Tf`'~', Hf ''f 04339,3

10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 be used in evidence in a courtroom. Second of all, all your answers need to be verbal so that the Court Reporter can take it down. That's, even though we're videotaping this deposition, your answers need to be verbal. A Okay. Q If you don't understanc a question, please ask fcr it to be repeated, or if you can't hear it. If you answer a question, I will assume, as will the other questioners, that you have heard and understood the auestion. A I agree. Q As to breaks, any time you need a break, please ask and they'll be given liberally. Ne understand your situaticn. The only thing I would ask is that it would not be during a pending question but if you need a break, just let me know. A Okay. Q We will try to give Doctor Kouri fairly regular breaks because of his leg. Okay. Doctor Kouri, I wonder if you could tell Ls a little bit about your education, please. A I'm a graduate of Ohio State University RIGGLEMAN, TURK & NELSON Ci yR f f N S.A ""f' 3394'