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                                IN THE COURT OF COMMON PLEAS
         3
                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
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                                    CIVIL TRIAL DIVISION
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                                         -   -   -
         6
                  TERESA CARTER, AS THE        : AUGUST TERM, 1999
         7        REPRESENTATIVE OF THE ESTATE :
                  OF KATIE W. CARTER,          :
         8                           PLAINTIFF :
                             VS.               :
         9                                     :
                  PHILIP MORRIS, INC.,         :
        10                           DEFENDANT : NO. 4567

        11                               -   -   -

        12                        COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA
        13
                                         -   -   -
        14
                                     JANUARY 13, 2003
        15
                                         VOLUME VII
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                  BEFORE:  HONORABLE VICTOR J. DI NUBILE, JR.
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        18

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        22
                               GEORGE D'ANGELIS, R.P.R.
        23                     OFFICIAL COURT REPORTER
                               COURT OF COMMON PLEAS
        24
 
                                                                             2




         1
                  APPEARANCES:
         2

         3
                               GREITZER AND LOCKS
         4                     BY:  MARC P. WEINGARTEN, ESQUIRE
                               COUNSEL FOR THE PLAINTIFF
         5

         6
                               SPOHRER, WILNER, MAXWELL &
         7                     MATTHEWS, PA.
                               BY:  NORWOOD S. WILNER, ESQUIRE
         8                          HOWARD ACOSTA, ESQUIRE
                               FOR THE PLAINTIFF
         9

        10                     DECHERT LLP
                               BY:  ARTHUR NEWBOLD, ESQUIRE
        11                          STEPHEN J. MC CONNELL, ESQUIRE
                                    BRENNAN J. TORREGROSSA, ESQUIRE
        12                     FOR THE DEFENDANT

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        22
                               GEORGE D'ANGELIS, R.P.R.
        23                     OFFICIAL COURT REPORTER
                               COURT OF COMMON PLEAS
        24
 
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         3                              INDEX_
                                        _____ 

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         5

         6        WITNESSES_            DIRECT    CROSS     REDIRECT
                  _________                                         

         7

         8        ALLAN FEINGOLD,M.D.    1044     1073

         9                               1078     1179

        10

        11

        12

        13        EXHIBITS

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        15        P-10 B AND C   PA AND LATERAL FILM   PAGE 1156

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                                                                           997




         1

         2                         MORNING_SESSION
                                   _______ _______

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         4

         5                     (AT 9:35 A.M. THE FOLLOWING

         6               TRANSPIRED IN OPEN COURT IN THE PRESENCE OF

         7               THE JURY:)

         8                           MR. WEINGARTEN:  WE HAD ASKED

         9               FOR A FEW MINUTES OF THE COURT'S TIME

        10               BEFORE THE JURY COMES OUT JUST TO CLARIFY

        11               ONE ISSUE THAT MAY COME UP IN TERMS OF THE

        12               CROSS-EXAMINATION OF DR. FEINGOLD WHO WILL

        13               BE -- COULD BE COMING THROUGH THE DOOR ANY

        14               MINUTE NOW.  HE IS ON HIS WAY FROM THE

        15               AIRPORT.  IT HAS TO DO WITH THE SCOPE OF

        16               CROSS-EXAMINATION WITH RESPECT TO INCOME

        17               THAT HE HAS EARNED FROM OTHER SOURCES OTHER

        18               THAN THIS PARTICULAR CASE.  AND WE WOULD

        19               ASK THAT -- I THINK THE CASE THAT IS

        20               CONTROLLING IS *MOEN VERSUS HAHNEMANN

        21               HOSPITAL WHICH ALLOWS THE COURT WITH

        22