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                            IN THE COURT OF COMMON PLEAS

                              OF CUYAHOGA COUNTY, OHIO





                 DONALD KUHNS,

                             Plaintiff,

                       vs                         Case No 371658

                 COMMONWEALTH ALUMINUM CONCAST,

                 et al,

                             Defendants



                                     ~ ~ ~ ~ ~

                             Deposition of BEHNAM MALAKOOTI,

                 PhD, PE called for examination under the

                 statute, taken before me, Barbara J Watowicz, a

                 Registered Professional Reporter and Notary

                 Public in and for the State of Ohio, pursuant to

                 notice and stipulations of counsel, at the

                 offices of Hermann, Cahn & Schneider, 500

                 Erieview Tower, 1301 East Ninth Street,

                 Cleveland, Ohio, on Tuesday, May 2, at 9:30 am

                                     ~ ~ ~ ~ ~

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                 APPEARANCES:



                       On behalf of the Plaintiff:

                             Hermann, Cahn & Schneider, by

                             ADAM M FRIED, ESQ

                             500 Erieview Tower

                             Cleveland, Ohio  44114

                             (216) 781-5515



                       On behalf of the Defendant Commonwealth

                       Aluminum Concast:

                             Greenebaum, Doll & McDonald, by

                             HARRY D RANKIN, ESQ

                             50 E Rivercenter Boulevard

                             P O Box 2673

                             Covington, Kentucky  4012-2673

                             (606) 655-4215



                       On behalf of the Defendants Certainteed

                       and Gasway Corp:

                             Reminger & Reminger, by

                             JOY B SONNHALTER, ESQ

                             the 113 St Clair Building

                             Cleveland, Ohio  44114

                             (216) 687-1311

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            1          BEHNAM MALAKOOTI, of lawful age, called

            2    for examination, as provided by the Ohio Rules

            3    of Civil Procedure, being by me first duly

            4    sworn, as hereinafter certified, deposed and

            5    said as follows:

            6      EXAMINATION OF BEHNAM MALAKOOTI, PhD, PE

            7    BY MR RANKIN:

            8          Q    Would you please state your name

            9    for the record, sir?

           10          A    Behnam Malakooti  B E H N A M        14:46:42

           11          Q    Your address?

           12          A    29350 Shaker Boulevard, Pepper

           13    Pike, Ohio 44124

           14          Q    I'm assuming that's your home

           15    address, sir?                                      14:46:42

           16          A    Yes

           17          Q    Do you have a professional address?

           18          A    Yes  It's my university address

           19          Q    At the department of electrical

           20    engineering and computer science at Case           14:46:42

           21    Western Reserve here in Cleveland, sir?

           22          A    Yes, that's correct

           23          Q    Could you tell us your date of

           24    birth?

           25          A    April 23, 1953                        14:46:42

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            1          Q    And your Social Security number?

            2          A    ***-**-****

            3          Q    Let me introduce myself for the

            4    record, sir  My name is Harry Rankin  I

            5    represent Commonwealth Aluminum in regard to a     14:46:42

            6    lawsuit that's been filed against them by

            7    Donald Kuhns  We're here to take your

            8    deposition today  Do you understand that?

            9          A    Yes, I do

           10          Q    I'm going to ask you a series of       14:46:42

           11    questions, none of which are intended to trick

           12    or confuse you in any way  If I ask you a

           13    question that you don't understand, please tell

           14    me and I'll try to rephrase it  Otherwise, if

           15    I ask you a question and you respond, I'm going    14:46:42

           16    to assume that you u