IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION

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                  ESTATE OF JOSEPH SAGGESE       : OCTOBER 1998
                  BY ADMINISTRATRIX LISA SAGGESE
                  AND LISA SAGGESE AND THOMAS
                  FUHRMEISTER, H/W

                      VS.

                  DAVID DZURINKO, M.D.           :  NO. 1084

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                                  COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

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                                      JANUARY 17, 2001

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                  BEFORE:  HONORABLE VICTOR J. DI NUBILE

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                       GEORGE D'ANGELIS, RPR, OFFICIAL COURT REPORTER
                                    LAND TITLE BUILDING
                                    100 S. BROAD STREET
                                        SECOND FLOOR
                             PHILADELPHIA, PENNSYLVANIA, 19110
                                       (215) 683-8056


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                  APPEARANCES:




                               BY: SALVATORE J. CUCINOTTA, ESQUIRE
                               COUNSEL FOR THE PLAINTIFFS




                               LAW FIRM: KENT AND MC BRIDE, P.C.
                               BY:  JAMES L. MOORE, ESQUIRE
                               COUNSEL FOR THE DEFENDANT




















                       GEORGE D'ANGELIS, RPR, OFFICIAL COURT REPORTER
                                    LAND TITLE BUILDING
                                    100 S. BROAD STREET
                                        SECOND FLOOR
                             PHILADELPHIA, PENNSYLVANIA, 19110
                                       (215) 683-8056


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         2                            WITNESSES

         3                         DIRECT   CROSS   REDIRECT RECROSS

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         5        THOMAS MURRAY, M.D. 40      44       105       109

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         1                         MORNING_SESSION
                                   _______ _______

         2

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         4                     (WHEREUPON, THE FOLLOWING TOOK PLACE

         5               IN OPEN COURT, OUT OF THE PRESENCE OF THE

         6               JURY:)

         7                           THE COURT:  THERE ARE SOME

         8               MOTIONS.

         9                     (WHEREUPON, A DISCUSSION TOOK PLACE

        10               OFF THE RECORD.)

        11                           THE COURT:  NOW, WE WILL TRY

        12               OUR BEST TO HAVE DR. MURRAY TESTIFY TODAY,

        13               BUT I JUST DON'T KNOW HOW FAR WE ARE GOING

        14               TO GET.  LET'S PROCEED FIRST WITH THE

        15               MOTIONS.  OKAY?

        16                     THE ONE MOTION I THINK HAS BECOME

        17               MOOT AND THAT WOULD BE -- AND THAT INVOLVED

        18               MY DENIAL OF SUMMARY JUDGMENT INVOLVING DR.

        19               HUSLIN.  THE QUESTION WAS WAS DR. HUSLIN

        20               STILL A PARTNER OF DR. DZURINKO WHEN THE

        21               ALLEGED MALPRACTICE, ACCORDING TO DR.

        22               MURRAY, OCCURRED WHICH WAS AFTER 5-23 BASED

        23               ON THE FAILURE, THE ALLEGED FAILURE TO

        24               DISCOVER ANY DISCORDANT GROWTH BY NOT DOING
 
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         1               A WEEKLY ULTRASOUND OR A NON-STRESS TEST.

         2               BUT SINCE THERE HAS BEEN A STIPULATION IN

         3               WHICH THE CASE HAS BEEN DISCONTINUED

         4               AGAINST DR. HUSLIN DATED YESTERDAY, I

         5               BELIEVE THAT MOTION BECOMES MOOT.

         6                     NOW, THE NEXT MOTION DEALS WITH --

         7               AND I THINK THERE ARE TWO MOTIONS HAND AND

         8