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• • • • • • • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 W 25 of PETER F. ROSSI, UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CIVIL ACTION NO. 84-678 SA SUSAN HAINES, as Administratrix : ad Prosequendum and . Administratrix of the Estate . Plaintiff, : DEPOSITION OF: : RICHARD W. POLLAY vs. . LIGGETT GROUP, INC., et al, . Defendants. ---------------------------------: Thursday, September 19, 1991 Short Hills, New Jersey A P P E A R A N C E S: MESSRS. BUDD, LARNER, GROSS, ROSENBAUM, GREENBERG & SADE 150 John F. Kennedy Parkway Short Hills, New Jersey 07078-0999 w1Z01 ) 379-4800 - QY'..~yXCYNTHIA A. WALTERS, ESQ. , :kt,tir~rneys for the Plaintiff. Reporting Services Arranged Through ROSENBERG & ASSOCIATES 425 Eagle Rock Avenue Roseland, New Jersey 07068 (201) 228-9100 N • N

0 • • ( •L • 0 0 2 3 4 5 6 8 13 14 . 15 16 17 18 19 25 9- 2 MESSRS. MUDGE, ROSE, GUTHRIE, ALEXANDER & FERDON 180 Maiden Lane New York, New York 10038 (212) 510-7145 BY: JAMES V. KEARNEY, ESQ., -and- BY: PATRICK J. CARTY, ESQ., Attorneys for Defendant Liggett Group, Inc. MESSRS. STRYKER, TAMS & DILL 33 Washington Street Newark, New Jersey 07102 (201) 624-9300 - BY: JOSEPH E. KINSELLA, JR., ESQ., -and- MESSRS. SHOOK, HARDY 8k BACON 1 Kansas City Place 1200 Main Street Kansas City, Missouri 64105 (816) 474-6550 BY: WILLIAM L. ALLINDER, ISQ., -and- BY: ALLEN R. PURVIS, ESQ., Attorneys for Defendant.Lorillard. MESSRS. COVINGTON & BURLING 1201 Pennsylvania Avenue, N.W. P.O. Box 7566 sbinyton, D.C. 20044 2) 662-5440 ~t~ ;: ~.^: ' PAUL R. DUKE, ESQ. , *.'tiineys for Defendant i'~tobacco Institute.

• • • • • . MESSRS. RIKER, DANZIG, SCHERER, HYLAND & PERRETTI Headquarters Plaza 1 Speedwell Avenue Morristown, New Jersey 07962-1981 (201) 538-0800 BY: DAVID ARCISZEWSKI, ESQ., -and- MESSRS. JONES, DAY, REAVIS & POGUE North Point 901 Lakeside Avenue Cleveland, Ohio 44114 (216) 586-7139 BY: PAUL G. CRIST, ESQ., -and- BY: STEPHEN J. KACZYNSKI, ESQ., Attorneys for Defendant R.J. Reynolds Tobacco Co. MESSRS. BROWN & CONNERY 360 Haddon Avenue P.O. Box 539 Westmont, New Jersey 08108 (609) 854-8900 BY: MICHAEL J. VASSALOTTI, ESQ., -and- MESSRS. ARNOLD & PORTER Avenue, N.W. 200 New Hampshire ~~~ - Wshinyton, D.C. 20036 202 ) 728-6338 't ` JANET L. JOHNSON, ESQ., *afotneys for Defendant Philip Morris. 0

• 0 0 7 • 10 • 11 12 13 14 15 • 16 ~ 17 18 ~ ~ • ,\\ . 19 20 M 21 22 23 24 25 4 WITNESS DIRECT CROSS REDIR RICHARD W. POLLAY By Mr. Crist 5 By Ms. Johnson 51 By Mr. Kearney 96 By Ms. Walters 251 E X H I B I T S FOR IDENT. DESCRIPTION- 34 Copy of check dated 9/12/91 35 Document entitled "Propaganda, Puffing and the Public Interest" 36 Letter from Mr. Cullman to dated 1/5/54 and attachment Paul 37 Letter from CT to Hartnett dated 8/17/54 and attacheent 38 Document entitled "Environ- RECR 248 7 9 mental Lung Cancer" 12 9R, .,Itpao',:to Mr. Hartnett dated 7/19/56- 20 42 *-io.to Mr. Ross dated 4/22/55 24 enment date® 2/18/54 and attachment 29 Document entitled "Analysis of Press Coverage on Tobacco Controversy - Part I" 31 43 Letter from Mr. Hahn to Mr. Hill dated 2/5/58 40 0

a 5 r of New Jersey, held at the offices of Messrs. Budd, Larner, Gross, Rosenbaum, Greenberg a Sade, 150 John F. Kennedy Parkway, Short Hills, New Jersey, on Thursday, September 19, 1991, commencing at 9:30 and Reporter and Notary Public of the State 0 • • • 0 r 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a.m.) R I C H A R D W. P 0 L L A.Y, Previousl~.Swo . ..~.,. (Documents were received and marked Exhibit 34 and Exhibit 35 for Identification.) CONTINUED CROSS EXAMINATION BY MR. CRIST: Q• Before Gary M. Talpins, a Certified Dr. Pollay, let me hand you a check in ,~Df $2,000, as well as a copy of that icli-- I have had marked as Exhibit 34 for sposition. Is Exhibit 34 a copy of that check? A. Yes, it is. Q. Let me also hand you, Dr. Pollay, what has been marked as Exhibit 35 and ask if you can 0

a 6 - caross fy that as the published version of your r • 9 oL 0 0 r 10 11 12 13 14 15 16 17 18 19 20 21 22 23 r 24 ~ 25 prWaqanda, puffing paper which was marked as Exhibit 6? A. I don't have Exhibit 6 in front of me but yes, it is the published version of the propaganda paper. Q. Could you put Exhibit 6 in front o'f you, sir. A. Yes, I have it. Q. And Exhibit 6 is the typewrittea versi-on of Exhibit 34? A. That's correct. Q. Dr. Pollay, you recognize, do you not, that you remain under oath? A. Yes. Over the course of the evening, have you reviewed any documents or other materials? No, I have not. Have you had any discussion with co~[*sf 'for plaintiff about this deposition? A. No, I have not. MR. CRIST: Why don't we go off the record a couple of minutes and let everybody get settled. 41

6 ~ 2 3 4 ~ 5 6 7 r 8 9 10 r 11 12 ~ l 13 14 15 M 16 17 18 \ 0 `. 19 20 21 r 22 23 24 r ~ 25 7 (Whereupon a brief recess was taken.) Dr. Poliay, you have in front of you Exhibit 6? A. Yes, I do. Q. Would you turn with me to page 10, please. The last full sentence on that paQe, Dr. Pollay, refers to footnote 28. Do you see that? A. Yes. MR. CRIST: Let •e mark this the exhibit next in order. (Whereupon the document was recetved and marked Exhibit 36 for identification.) Q. Dr. Pollay, let e show you what has been marked as Exhibit 36 to this deposition. Is that the document that you cite in support of that proposition? A. - Yes, it is. A. The second page of that document, Dr. ~.';~4 newspaper clipping from the Daily Mail e~`19, 1953. Is that correct? Ro, it's a clipping from the Daily Mirror, December 19, as released from the Bureau of Research Information. Q. Right. But the article, as you 0

0 • • • 0 10 il 12 ~` 13 14 15 0 • 0 16 17 18 19 20 21 22 23 24 25 8 ;eross t,and it, originally appeared in the Daily on December 19, 1953. Is that correct? A. That's how it's identified, yes. What is the Daily Mirror, sir? A. I believe it's a daily newspaper. Q. Do you know where it's published? A. No, I do not. Q. Did you at the time that you reviewed this document read this newspaper article and the - '~ comments which were attributed to Dr. Walter B. ~ ~ Martin? A. No, I did not. Q. Do you know whether Dr. Martin was, as this article asserts, president elect of the American Medical Association as of December 19, 1953? A. No. I'm not fasiliar with the article. o you have any reason to doubt that who is said here to be president elect K*rican Medical Association, stated on or about December 19, 1953, as appears in the second column there, "personally, I think the relationship is still undecided"? A. No, I do not. 7: ~

• • • !' -z 2 3 4 5 6 7 8 9 • 10 11 12 • L, • • 13 14 . 15 16 17 18 19 20 22 0 9 Dr. Pollay, turn with me, if you would, to``~3a'Qe 11 of Exhibit 6. In the first full paragraph there, there is a reference to a 24 page report and a cover letter which identifies that report as highly confidential in three of its four paragraphs. Do you see that? A. Yes. Q. And the reference there is to footnote 29. Is that correct? I ^ .~ A. Yes. ~ MR. CRIST: Let me ask this be marked as the exhibit next in order. (Whereupon the document was received and marked Exhibit 37 for identification.) Q. Dr. Pollay, let me show you what has been marked as Exhibit 37 to this deposition and ask you if that is a document on which you rely for Yes, it is. Moving down to paragraphs on page 11 of Exhibit 6, Dr. Pollay, there is a discussion there of general news releases. Do you see that? A. Yes, I do. Q. And there is a reference there to what -41;43 .

10 cr-i.bed as "an illustrative case history was 3 • 8 9 10 • 11 12 13 14 15 16 • 17 18 19 20 21 • 22 23 24 •4 •25 0 p-4dW*d_of the steps taken to publicize a talk by a Dr. Hueper at Sao Paulo, Brazil, for the International Cancer ConQress." Do you see that? A. Yes, I do. Q. And for support for that proposition, you also rely, do you not, on what was just sa•rked as defense Exhibit 37, which you also have in front of you? A. Yes, I do. Q. Do you know who Dr. Hueper is or'who Dr. Hueper was? A. No, I do not, not in detail. I know he was a scientist attending the Congress. Q. Do you know where he was esployed? A. Q• Q• No, I do not recall. Do you know if he had any affiliation r4th the Tobacco Industry Research ''~: No, I do not. Do you know if he had any relationship whatsoever with any tobacco cospanies? A. No, I do not. Q. You indicate in here, in Exhibit 6, Dr.