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~ G. TOM PETERSON DBA NATIONSBAHK OF TEXAS, N.A. PROFESSIONAL CIVIL PROCESS BEAUMONT BEAUMONTiNEOERLANO. TX 148 S. DOWLEN SUITE 643 35-2/1130 ~ BEAUMO~O 07 **FORTY DOLL.ARS AND. 00/100*** 2362 ?AY Dr. Richard Kouri 0TME 2024 Monument St.. ,_ StE_. 2-100 )RDER )F _Baltimore MD 21205_ _. DATE 04/23/57 CHECK 3223 AMOUNT $40.00 % d-]WIP-4 1i'00 3 2 2 3a' 4L 130000 2 3i: n' 3, 2 300 3 2 2 19II' o SECURITY FEATURES INCLUDED. DETAILS ON BACK. G~..~ © ( 322: a •.nf' / l 1 ! l / l 043679

I IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION IN RE: Subpoena for deposition of § Richard Kouri § § - Issued for the following civil case § MISC. pending in the United States District § Court, Eastern District of Texas, § Texarkana Division § § § § THE STATE OF TEXAS, § NO. 5:96C'b91 § Plaintiff, § § JUDGE: DAVID FOLSOM VS. § § MAGISTRATE JUDGE: THE AMERICAN TOBACCO § WENDELL C. RADFORD COMPANY, ET AL, § § ~URY Defendants. § TO: Dr. Richard Kouri Johns Hopkins Office of Technical Licensing 2024 Monument Street, Suite 2-100 Baltimore, MD 21205 SUBPOENA TO APPEAR FOR DEPOSITION AND SUBPOENA DUCES TECUM YOU ARE COMMANDED to appear before a person authorized by law to take depositions, at ANA Hotel, 2401 M Street NW, Washington. DC on Thursday, May 15, 1997, and Friday, May 16, 1997, at 10:00 a.m. unti15:00 p.m. for the taking of your deposition in the above-named pending civil cause. ) ) ) CTR NN 043660

YOU ARE FURTHER COMMANDED to bring with you at said time and place the following documents and things. Pursuant to Fed. R. Civ. P. 34,"documents" include "writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form." 1. All documents relating to, or referring to, or otherwise having information concerning studies, tests, and other research conducted by or at the direction of Microbiological Associates, Inc. 2. All documents relating to, or referring to, or otherwise having information concerning your employment with Microbiological Associates, Inc. 3. All documents relating to, or referring to, or otherwise having information concerning all contacts you have had with (a) lawyers representing, employed by or othenvise associated with any member of the tobacco industry, (b) other tobacco industry representatives, (c) CTR or (d) Microbiological Associates, Inc. since you left the employment of Microbiological Associates, Inc. 4. All documents you received from the CTR or any tobacco company or any representative of a tobacco company including but not limited to tobacco company lawyers since they left their employment with Microbiological Associates, Inc. 5. Any documents in their possession relating to any articles reporting on their work at Microbiological Associates, Inc. 6. Any documents relating to any work they did on CTR research projects after they left Microbiological Associated, Inc. 7. Copies of any notes of meeting or telephone calls with any representative of the tobacco industry including but not limited to tobacco industry lawyer representatives of CTR or Microbiological Associates, Inc. YOU ARE HEREBY NOTIFIED of the following rights and duties provided to and imposed upon you under Rule 45 of the Federal Rules of Civil Procedure: **** Cf R f f f "i 04., ~ GE31

I (c) Protection of Person Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2) (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible tings, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service. serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If the objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce. move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance: (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial id held; (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research. development, or commercial information; (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party; (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial. the court may. to protect a person subject to or affected by the subpoena. quash or modify the subpoena or. if the party in whose behalf the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. ) ) •rn/' I,R IMII 1 0 4 43 6 82

(d) Duties in Responding to Subpoena. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. DATED Wednesday, April 23, 1997. Respectfully submitted, DAN MORALES Texas Attorney General ~ Texas Bar No.: 14417450 1 JORGE VEGA First Assistant Attorney General Texas Bar No.: 20533800 TOM PERKINS Special Assistant Attorney General Texas Bar No.: 15790850 1 l HARRY G. POTTER, III Special Assistant Attorney General Texas Bar No.: 16175300 P. O. Box 12548 Capitol Station Austin, Texas 78711-2548 512.463.2191 512.463.2063 Fax WALTER UMPHREY, P.C. Texas Bar No.: 20380000 490 Park Beaumont, Texas 77701 409.835.6000 409.838-8811 Fax ATTORNEY-IN-CHARGE CTRMN 043683

1 GRANT KAISER KAISER & MORRISON, P.C. 440 Louisiana, Suite 1440 Houston, Texas 77002-1634 713.223.0000 713.223.0440 Fax By: rA, RANT KAISER, by permission of Walter Umphrey, Attorney-in-Charge CERTIFICATE OF SERVICE 0 I hereby certify compliance with Fed. R. Civ. P. 5 and the Case Management Order of November 5, 1996, that a true and correct copy of the foregoing document has been sent by overnight delivery service (with diskette) on Wednesday, April 23, 1997, to the following: ADMINISTRATIVE LIAISON COUNSEL FOR ALL DEFENDANTS: Howard Waldrop Atchley, Russell, Waldrop & Hlavinka, L.L.P. 1710 Moores Lane P. O. Box 5517 Texarkana, Texas 75505-5517 (75503) 903-792-8246 903.792.5801 Fax Respectfully submitted, A-~- G NT KAISER CTR I-IN 043GG4

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION I THE STATE OF TEXAS, § NO. 5:96CV91 § Plaintiff, . § § JUDGE: DAVID FOLSOM VS. § § MAGISTRATE JUDGE: THE AMERICAN TOBACCO § WENDELL C. RADFORD COMPANY, ET AL, § § .L Y Defendants. § NOTICE OF ORAL AND VIDEO DEPOSITION OF RICHARD KOURI TO: Howard Waldrop Administrative Liaison Counsel for all Defendants Atchley, Russell, Waldrop & Hlavinka, L.L.P. 1710 Moores Lane Texarkana, Texas 75505. © PLEASE TAKE NOTICE that the undersigned attorney will take the deposition of the following: NAME : DATE: TIME: Richard Kouri May 15 and 16, 1997 10:00 a.m. to 5:00 p.m. PLACE: ANA Hotel, 2401 M Street NW, Washington, DC (202-429-2400) Please take notice also that a subpoena duces tecum will be served on the above-named witness. This deposition will be taken on oral and video examination before a court reporter, or any other person authorized under Fed.R.Civ.P. 28 to take depositions. This deposition is being taken for purposes of discovery, for use as evidence, for use at trial, and for all other uses and purposes as are permitted under applicable law. CTR HN 04368S

I Respectfully submitted, DAN MORALES Texas Attorney General Texas Bar No.: 14417450 JORGE VEGA First Assistant Attorney General Texas Bar No.: 20533800 TOM PERKINS Special Assistant Attorney General Texas Bar No.: 15790850 HARRY G. POTTER, Iff- Special Assistant Attorney General Texas Bar No.: 16175300 P. O. Box 12548 Capitol Station Austin, Texas 78711-2548 512.463.2191 512.463.2063 Fax WALTER UMPHREY, P.C. Texas Bar No.: 20380000 490 Park Beaumont, Texas 77701 409.835.6000 409.838-8811 Fax ATTORNEY-IN-CHARGE GRANT KAISER KAISER & MORRISON, P.C.. 440 Louisiana, Suite 1440 Houston, Texas 77002-1634 713.223.0000 713.223.0440 Fax ) > By: / 'GRANT KAISER, by permission of Walter Umphrey, Attorney-in-Charge CTR NN 043686

I CERTIFICATE OF SERVICE I hereby certify compliance with Fed. R. Civ. P. 5 and the Case Management Order of November 5, 1996, that a true and correct copy of the foregoing document has been sent by overnight delivery service (with diskette) on Wednesday, Apri123, 1997, to the following: ADMINISTRATIVE LIAISON COUNSEL FOR ALL DEFENDANTS: Howard Waldrop Atchley, Russell, Waldrop & Hlavinka, L.L.P. 1710 Moores Lane P. O. Box 5517 Texarkana, Texas 75505-5517 903.792.8246 903.792.5801 Fax Respectfully submitted, RANT KAISER t 10 CTR E~"0'`1 0'43G-.,Z7

I r ) IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION 7 IN RE: Subpoena for deposition of ~ Richard Kouri ~ ~ - Issued for the following civil case ~ MISC. pending in the United States District ~ Court, Eastern District of Texas, ~ Texarkana Division § ~ ~ ~ ) THE STATE OF TEXAS, ~ NO. 5:96CV91 ~ Plaintiff, ~ ~ JUDGE: DAVID FOLSOM VS. ~ ~ MAGISTRATE JUDGE: THE AMERICAN TOBACCO ~ WENDELL C. RADFORD COMPANY, ET AL, ~ § JURY Defendants. ~ PROOF OF SERVICE Pursuant to Rule 45(b) of the Federal Rules of Civil Procedure, the undersigned, a person not less than 18 years of age and a non-party to this action, certifies that on April , _ 1997, a copy of a Subpoena to Appear for Deposition and Subpoena Duces Tecum was served by manner of delivery upon Richard Kouri. Service was made at Served by: NAME (Print) TITLE D , CTR VIN 043666