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                           IN THE COURT OF COMMON PLEAS

                             OF CUYAHOGA COUNTY, OHIO







                 SEAN DANIEL MURPHY, etc, et al,

                             Plaintiffs,

                      vs.                             Case No.

                 METROHEALTH MEDICAL CENTER,          394323

                             Defendant.





                       Video Conference Deposition of PERRY

                 LUBENS, M.D, taken before me, Michele E. Eddy, a

                 Registered Professional Reporter and Notary

                 Public in and for the State of Ohio, by agreement

                 of counsel, at the offices of ******** Reporting

                 Services, Erieview Tower, 25th Floor, Cleveland,

                 Ohio, on Tuesday, the 9th day of January, 2001,

                 at 5:00 p.m.

                                     - - - - -

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                 APPEARANCES:



                       On behalf of the Plaintiffs:

                             Weisman, Goldberg & Weisman, by

                             BENJAMIN ANDERSON, ESQ.

                             1600 Midland Building

                             101 Prospect Avenue, N.W.

                             Cleveland, Ohio  44115

                             (216) 781-1111



                       On behalf of the Defendant:

                             Ulmer & Berne, by

                             JEFFREY W. VAN WAGNER, ESQ.

                             900 Bond Court Building

                             Cleveland, Ohio  44114

                             (216) 621-8400

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            1          PERRY LUBENS, M.D., 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                MR. VAN WAGNER:  Ben, why don't you

            7    and I just stipulate that we scheduled and

            8    arranged for this deposition via video

            9    conferencing by agreement and that we