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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATLANTA DIVISION HOKE T. RUTHERFORD AND ) CAROLYN RUTHERFORD, ) ) PLAINTIFFS, ) ) VS. ) ) G1)ERDON INDUSTRIES, INC.., ) CORONA MOBILE HOMES, INC., ) D/B/A COMMUNITY MOBILE HOME ) SALES, MACMILLAN BLOEDEL, ) INC., AND CHAMPION INTER- ) NATIONAL CORPORATION, ) ) DEFENDANTS. ) AT RALEIGH, NORTH CAROLINA JULY 11, 1984 9:00 A.M. REPORTED BY: D. TONI CALI (PINKSTONj Court Reporting Se rVICeS CIVIL ACTION NUMBER C82-2476A P.O. Box 1729 , . Ral.igh. N.C. 27602 (919) $32-4114 P.O. Box 4592 Charlott.. N.C. 28207 (704) 375-S133 P.O. Box 110 Laur.l Springs N C 28644 (919) 359•2289

A P P E A R A N C E S PAGE I FOR THE PLAINTIFFS: DOUGLAS E. SMITH SMITH & ALLGOOD, P.C. 604 GREEN STREET, N.E. GAINESVILLE, GEORGIA 30501 FOR THE DEFENDANTS: ASHLEY ROYAL (GUERDON INDUSTRIES, JONES, CORK b MILLER INC.) 500 TRUST COMPANY BANK BUILDING MACON, GEORGIA 31298 (MACMILLAN BLOEDEL, H. ANDREW OWEN INC.) MCCAULEY, OWEN & SWEENEY 1200 PEACHTREE CENTER, SOUTH TOWER 225 PEACHTREE STREET, N.E. ATLANTA, GEORGIA 30303 (CHAMPION HEZEKIAH SISTRUNK, JR. INTERNATIONAL CORP.) POWELL, GOLDSTEIN, FR.AZEr & MURPHY 35 BROAD STREET; N.W. ATLANTA, GEORGIA 30335

1 1 2 3 4 5 DR. GOLBERG DIRECT PAGE 2 I, D. TONI CALI (PINKSTON), BEING A NOTARY PUBLIC IN AND FOR THE STATE OF NORTH CAROLINA, WAS APPOINTED COMMISSIONER BY CONSENT TO TAKE THE DEPOSITION OF LEON GOLDBERG, M.D., ON THE 11TH DAY OF JULY, 1984, BEGINNING AT 9:00 A.M., AT RALEIGH, NORTH CAROLINA. 6 { i 7 ~ WHERE(1PON, 8 LEON GOLBERG, M.D., 9~ HAVING FIRST BEEN DULY 1 10 I SWOR.N, WAS EXAMINED AND 11 ; TESTIFIED AS FOLLOWS: 12 1 DIRECT EXAMINATION BY MR. SMITH: 13 1 MR. SMITH: THIS IS THE DEPOSITION OF DR. LEON ~ 14 ~ GOLBERG. IT'S TAKEN PURSUANT TO NOTICE AND BY AGREE- 15 15 , MENT OF COUNSEL AS TO THE TIME AND PLACE. IT'S BEING , 16 ; TAKEN PURSUANT TO THE FEDERAL RULES OF CIVIL 17 PROCEDURE. AND IT WOULD BE USED FOR ANY AND ALL 18 PURPOSES ALLOWED UNDER THE FEDERAL RULES OF CIVIL 19 PROCEDURE. AND ALL FORMALITIES AS TO TIME. PLACE, 20 I NOTICE, TRANSMITTAL, ET CETERA, THE QUALIFICATIONS OF 21 THE COURT RECORDER ARE WAIVED OR AGREED UPON. ALL 22 f OBJECTIONS EXCEPT AS TO THE FORM OF QUESTION AND THE

1 DR. GOLBERG DIRECT RESPONSIVENESS OF THE ANSWER WILL BE RESERVED UNTIL A LATER TIME. THE DOCTOR WILL WAIVE HIS READING AND SIGNATURE OF 26 THE DEPOSITION. 27 IS THAT STIPULATION AGREEABLE TO YOU ALL. 23 i 24 I 25 i 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 i ; ' i MR. ROYAL: YES. MR. OWEN: YES. :1R. SIST.^.UXK: YES. Q WHAT IS YOUR NAME PLEASE, SIR? A LEON GOLBERG. ~ Q AND ARE YOU A DOCTOR? : A YES, I'M A PHYSICIAN. ; Q YOU ARE AN M.D. ~ A YES. i Q THAT'S MEDICAL DOCTOR. A THAT'S RIGHT - Q PLEASE TELL ME OKAY SIR. IF YOU WOULD DR. GOLBERG ~ , , , ~ OF YOUR EDUCATIONAL BACKGROUND BY WHICH YOU BECAME A i MEDICAL DOCTOR. WHERE AND WHEN AND WHAT WAS YOUR I EDUCATIONAL BACKGROUND. ~ N O ~ A WELL, I HAI) PREVIOUSLY STUDIED ORGANIC CHEMISTRY AND w N i 00 1 HAD A DOCTORATE FROM THE UNIVERSITY OF OXFORD IN O r i O ~

DR. GOLBERG DIRECT PAGE 4 45 ; ORGANIC CHEMISTRY. SUBSEQUENTLY, I OBTAINED A 46 I DOCTORATE IN BIOCHEMISTRY. 47 y AND AFTER THE WAR, I WENT TO CAMBRIDGE UNIVERSITY ~ 48 ! IN ENGLAND TO STUDY MEDICINE, MAJORING IN ANATOMY AND 1 49 ~ PHYSIOLOGY. ~ 50 + AND WHEN I HAD FINISHED IN CAMBRIDGE, I WENT TO , 51 ~ UNIVERSITY COLLEGE HOSPITAL MEniCAL SCHOOL IN LONDON 52 WHERE I COMPLETED 14Y CLINICAL STUDIES AND QUALIFIED IN 53 ! MEDICINE. i 54 j Q ALL RIGHT, SIR. WHEN WAS IT YOU BECAME WHAT WE WOULD 55 ; CALL A LICENSED M.D.? ~ 56 i A 1951. ~ 57 ~ Q AND THAT WAS IN ENGLAND? , 58 ~ A THAT'S RIGHT. i 59 I Q AND ALL OF YOUR EDUCATION, PRIOR TO THAT TIME HAD BEEN 60 i IN THE SCHOOLS, CnLLEGES OF ENGLAND? 61 ; A NO, I HAD STUDIED IN SOUTH AFRICA TO BEGIN WITH. THEN 62 ( WON A SCHOLARSHIP TO ENGLAND 63 ; Q I SEE SO THAT YOUR EDUCATION IN YOUR FIELD OF EITHER . ~ 64 i CHEMISTRY OR MEDICINE WAS IN ENGLAND. IS THAT CORRECT? 65 i A THAT'S RIGHT. THE MEDICINE PART OF IT AND THE ORGANIC 66 ~ CHEMISTRY. l

DR. GOLBERG DIRECT PAGE 5 67 i Q OKAY, SIR. AT WHAT LEVEL DID YOU FINISH YOUR EDUCATION 68 IN SOUTH AFRICA? 69 A IN THE FIRST PLACE, I HAD A MASTER'S DEGREE IN PHYSICAL 70 CHEMISTRY. THEN WENT TO ENGLAND AND GOT THE DOCTORATE 71 IN ORGANIC CHEMISTRY. SUBSEQUENTLY, THE WORK IN ~ 72 ` ! BIOCHEMISTRY WAS DONE IN SOUTH AFRICA. AND THAT WAS 73 ~ DURING THE WAR. ~ 74 ~ Q ARE YOU A NATIVE OF SOUTH AFRICA? IS THAT WHERE YOU ~ 7 ~ W RE B R 5 E N AND RAISED? O ~ 76 ! A NO, I WAS BORN IN CYPRUS. I CAME TO SOUTH AFRICA AS A i 77 ITT E BOY j . L L i 78 ' Q THAT'S IN THE MEDITERRANEAN? 79 A YES. 80 Q AND AT WHAT AGE DID YOU GO TO SOUTH AFRICA? 81 A AT THE AGE OF NINE. 82 Q AND DID YOU G4 THROUGH YOUR SECONDARY EDUCATION IN i - 83 ' SOUTH AFRICA? ~ - 84 i A THAT IS CORRECT. 85 i ~ Q AT WHAT AGE WERE YOU WHEN YOU BECAME A MEDICAL DOCTOR? 8 1 A WAS 6 6 . I 3 87 1 Q OKAY, SIR. HAVE YOU EVER PRACTICED AS A PHYSICIAN? 88 i A ONLY VERY BRIEFLY BECAUSE I WAS APPOINTED A SENIOR 1

t 89 90 DR. GOLBF.RG DIRECT PAGE 6 LECTURER IN CHEMICAL•PATHOLOGY AT THE UNIVERSITY OF MANCHESTER. 80, I WAS ABLE TO RESUME MY RESEARCH 91 CAREER IN THE PATHOLOGY DEPARTMENT AT THE UNIVERSITY OF 92 MANCHESTER. 93 I Q FOR WHAT PERIOD OF TIME, AND WHERE WAS IT THAT YOU 94 I PRACTICED MEDICINE? 95 ~ A I PRACTICED IT IN CAMBRIDGE. 96 Q FOR HOW LONG? 97 ; A I ATTENDED ADDENBROOKES HOSPITAL WITH REGARD TO j 98 j CLINICAL DUTIES. AND I ALSO TOOK PART WITH MY WIFE IN I 99 ; GENERAL PRACTICE. ( 100 1 Q AND FOR HOW LONG DID YOU DO THAT? : 101 A IT WAS FOR ABOUT SEVEN OR EIGHT MONTHS. 110 OKAY, SIR. HAS THAT BEEN THE EXTENT OF WHAT I WOULD CALL THE GENERAL PRACTICE OF MEDICINE. WAS THAT THE EXTENT THAT YOU HAVE DONE THAT? THAT IS CORRECT. SINCE THAT TIME, HAVE YOU BEEN ENGAGED IN OTHER ACTIVITIES IN THE MEDICAL FIELD? THAT IS CORRECT, YES. AND WHEN WAS IT YOU PRACTICED MEDICINE FOR APPROXI- MATELY SEVEN MONTHS? I ~ 0 W N m 0 a ~ 0

Irw~liliio~-' e~ 11 I i I , DR. A 112 Q 113 I A 114 i Q 115 A 116 ~ 117 i ( 118 I ` i 119 ~ Q 120 : A 121 ! Q 122 j ~ 123 ~ A 124 ~ ~ 125 1 126 i 127 I ~ ( 128 Q 129 A 130 i I Q 131 ~ 132 ' A nOLBERG DIRECT PAGE 7 THIS WAS IN 1951. AND WHERE WAS THAT AT? THAT WAS IN CAMBRIDGE. AND WHAT WAS THE NATURE OF THAT PRACTICE? WELL, AT ADDENBROOKES, I WAS ENGAGED IN THE WARDS IN MEDICINE AND SURGERY. AND THE GENERAL PRACTICE WAS THE USUAL FAMILY PRACTICE TYPE MEDICINE WITH MY WIFE, WHO WAS THEN IN PRACTICE IN CAMBRIDGE. YOi!R WIFE IS A l1EDICAL DOCTOR? SHE IS. AND IN WHAT FIELD IS SHE QUALIFIED, OR WAS SHE , EDUCATED? WELL, SHE SPECIALIZED IN DERMATOLOGY. AND WHEN WE WERE IN NEW YORK--SHE'S LICENSED IN THE STATE OF NEW YORK-- AND SHE WAS CHIEF RESIDENT IN DERMATOLOGY AT ALBANY MEDICAL COLLEGE. AND BECAME AN ATTENDING PHYSICIAN IN DERMATOL(X,Y. OKAY, TKAT'S A SKIN DOCTOR? THAT'S RIGHT. WHAT WAS SHE DOING IN ENGLAND AT THE TIME YOU AND SHE PRACTICED TOGETHER? SHE WAS A GENERAL PRACTITIONER.

DR. GOLBERG DIRECT PAGF, 8 d , 133 Q OKAY. 134 A FAMILY PRACTICE. 135 Q IS SHE AN ENGLISH GIRL, OR IS SHE AN AMERICAN? 136 ( A NO, SHE'S SOUTH AFRICAN. 137 ~ Q SOUTH AFRICAN? 138 A YES. 139 Q ALL RIGHT. AT THE TIME THAT YOU WERE OVER THERE i ""'' 140 ENGAGED WITH HER DhRING THE SEVEN MONTHS, WERE YOU 141 ' ALL MARRIED? , 142 j A OH, YES. ! 143 ° Q I SEE. WHEN DID YOU MARRY HER? ~ 144 ~ A t IN 1944. 145 ~ Q WHAT DID YOU COMMENCE DOING IN 1951? AND WHERE WERE ~ 1dR 1 I I YOU DOING THIS? 147 A AS I MENTIONED EARLIER, I WAS A SENIOR LECTURER IN ft 148 ~ i CHEMICAL PATHOLOGY IN THE DEPARTMENT OF PATHOLOGY AT 149 ; THE UNIVERSITY OF MANCHESTER, ENGLAND. AND MY DUTIES 150 ~ I CONSISTED OF, FIRST OF ALL, TEACHING MEDICAL STUDENTS 151 ; IN THE FIELD OF CHEMICAL PATHOLOGY AND, SECONDLY, ~ 152 RESEARCH IN CERTAIN FIELDS OF PATHOLOGY, NOTABLY ~ 0 w 153 ; I ATHEROSCLEROSIS AND INBORN ERRORS OF METABOLISM. N m 0 154 ~ Q HOW LONG DID YOU CONTINUE IN THAT POSITION AT THE a N

I DR. GOLBERG DIRECT 155 UNIVERSITY OF MANCHESTER? 156 A FOR ABOUT FOUR YEARS. PAGE 0 157 I Q DID THE NATURE OF YOUR DUTIES CHANGE WHILE YOU WERE 158 THERE? OR DID THEY CONTINUE AS TO WHAT YOU'VE 159 DESCRIBED? 160 A NO, I DEVELOPED A FLOURISHING RESEARCH PROGRAM IN THE 161 FIELDS THAT I HAVE MENTIONED. 162 Q WHEN YOU LEFT THE UNIVERSITY OF MANCHESTER, WHEN DID 163 YOU LEAVE, AND WHERE DID YOU GO, AND WHAT WERE YOUR 164 DUTIES? 165 A I WAS APPOINTED MEDICAL RESEARCH DIRECTOR OF A 166 PHARMACEUTICAL COMPANY, WHICH TODAY IS KNOWN A FISONS 167 PHARMACEUTICALS. 168 COULD YOU GIVE US A SPELLING OF THAT? !i?1'.r;,;1; 169 A F-I-S-O-N-S. FISONS PHARMACEUTICALS. 170 Q WHAT YEAR WAS THAT THAT YOU WERE-- 171 A IT WAS 1955. 172 173 j 174 175 176 Q AND WHAT WERE YOUR DUTIES THERE? A I WAS IN CHARGE OF ALL THE MEDICAL RESEARCH AND PHARMACOLOGICAL, AND CHEMICAL, AND OTHER BRANCHES INVOLVED IN THE DEVELOPMENT OF NEW DRUGS AND THE TESTING OF NEW DRUGS.