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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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                  DAVID MC GOWAN             : JULY, 1998
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                       VS.                   :
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                  CONSOLIDATED RAIL CORP.    :  NO. 519
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                                     FEBRUARY 18, 2000
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                                  COURTROOM 253, CITY HALL
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                  BEFORE:  HONORABLE VICTOR J. DI NUBILE, J.
        16                               AND A JURY

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                  APPEARANCES:
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         3                     SACCHETTA & BALDINO
                               BY:  THOMAS F. SACCHETTA, ESQUIRE
         4                          JOE TUCKER, ESQUIRE
                               FOR THE PLAINTIFF
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                               SWARTZ, CAMPBELL & DETWEILER
         7                     BY:  MICHELE E. TURNER, ESQUIRE
                               FOR THE DEFENDANT
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        10                     GEORGE D'ANGELIS, R.P.R.
                               OFFICIAL COURT REPORTER
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                                         I_N_D_E_X
                                         _ _ _ _ _
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         4        WITNESSES:
                  _________ 
                                    DIRECT   CROSS  REDIRECT  RECROSS
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                   LAURENTINE FROMM   8        16      55
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         7         ARTHUR STEINHAUER 115       63      96       102
                                              118
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                   JOHN O'BRIEN      127      133     182       184
         9                           141      174

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         2                          MORNING_SESSION
                                    _______ _______

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         5                     (AT 9:30 A.M. THE FOLLOWING TOOK PLACE

         6               IN OPEN COURT, JURY NOT PRESENT:)

         7                           THE COURT:  WE ARE STILL WAITING

         8               FOR SOME OF THE JURORS.  DUE TO THIS

         9               INCLEMENT WEATHER I KNOW THEY ARE HAVING A

        10               HARD TIME GETTING IN.  NOW, I MADE SOME

        11               RULINGS AS TO MR. STEINHAUER'S DEPOSITION.

        12               I NEED NOT REITERATE THAT.  I THINK I MADE

        13               MYSELF CLEAR ON THAT.

        14                           MS. TURNER:  I HAVE ONE ISSUE

        15               WITH RESPECT TO THAT.  I SUSPECT THAT

        16               COUNSEL'S BACK DOOR IS GOING TO TRY TO GET

        17               IN THE FACT THAT THE TRAFFIC ACCESS GATE IN

        18               QUESTION HAS A SIGN ON IT.  TO THE EXTENT

        19               THAT I FEEL IT MOVED INTO SUBSEQUENT

        20               REMEDIAL REPAIR ASPECT TO THAT APPROPRIATE

        21               RULE OF EVIDENCE.

        22                           THE COURT:  I GUESS THERE ARE A

        23               COUPLE OF EXCEPTIONS.

        24                           MS. TURNER:  NO DISPUTE AS TO
 
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         1               OWNERSHIP OF THAT GATE.

         2                           MR. TUCKER:  IT'S NOT AN

         3               OWNERSHIP ISSUE.

         4                           THE COURT:  YOU ARE SAYING IT'S

         5               NOTICE?  THIS HAPPENED HOW MANY YEARS AGO?

         6                           MS. TURNER:  EIGHT YEARS AGO.

         7                           THE COURT:  IF THIS HAD JUST

         8               HAPPENED.  THE FACT THAT THERE IS