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                                IN THE COURT OF COMMON PLEAS
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                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
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                                    CIVIL TRIAL DIVISION
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                                         -   -   -
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                  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                            JANUARY 14, 2003
                                  COURTROOM 253, CITY HALL
        13                       PHILADELPHIA, PENNSYLVANIA

        14                               -   -   -
                                        VOLUME VIII
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        16        BEFORE:  HONORABLE VICTOR J. DI NUBILE, JR.
                  AND JURY
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        23                     GEORGE D'ANGELIS, R.P.R.
                               OFFICIAL COURT REPORTER
        24                     COURT OF COMMON PLEAS
 
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                  APPEARANCES:
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         3                     GREITZER AND LOCKS
                               BY:  MARC P. WEINGARTEN, ESQUIRE
         4                     COUNSEL FOR THE PLAINTIFF

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

         8

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

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        21
                               GEORGE D'ANGELIS, R.P.R.
        22                     OFFICIAL COURT REPORTER
                               COURT OF COMMON PLEAS
        23

        24
 
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                  WITNESSES
                  _________
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                                     CROSS     REDIRECT      RECROSS
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                  DR. ALLAN FEINGOLD  1238       1270          1281
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                  DEP OF JULIA FRANKLIN   PAGE 1282
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                  DEP OF WILLIAM CARTER   PAGE 1299
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         3                         MORNING_SESSION
                                   _______ _______

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         6                     (THE FOLLOWING TOOK PLACE IN OPEN

         7               COURT, IN THE PRESENCE OF THE JURY:)

         8                           THE COURT:  GOOD MORNING.  I

         9               SEE THAT MISS TERESA CARTER IS NOT PRESENT.

        10               SHE IS ILL AND SHE WILL BE HERE, HOPEFULLY,

        11               THIS AFTERNOON.

        12                           MR. WEINGARTEN:  RIGHT, YOUR

        13               HONOR.  RIGHT NOW SHE IS TRYING TO TRACK

        14               DOWN HER DOCTOR.  SHE DOES NEED TO TRY TO

        15               GET SOME MEDICAL ATTENTION.  IF SHE IS WELL

        16               ENOUGH TO GET IN THIS AFTERNOON, SHE

        17               PROMISED ME SHE WOULD HERE.  THE WAY I SAW

        18               HER THIS MORNING, I DON'T THINK SHE WILL BE

        19               HERE, BUT, HOPEFULLY, TOMORROW.

        20                           THE COURT:  NOW, MR. NEWBOLD, I

        21               BELIEVE YOU WERE CROSS-EXAMINING DR.

        22               FEINGOLD.

        23                           MR. NEWBOLD:  YES, SIR.  WOULD

        24               YOU LIKE ME TO PROCEED?