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         1

         2                      IN THE COURT OF COMMON PLEAS

         3                FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

         4                          CIVIL TRIAL DIVISION

         5                                -  -  -

         6        STEPHEN STELZER AND        : NOVEMBER TERM, 1998
                  BARBARA STELZER            :
         7                                   :
                           VS               :
         8                                   :
                  ROBERT A MOGIL, MD      :
         9        PHILIP Y KIM, MD AND    :
                  NAYERE ZAERI, MD         : NO 3313
        10
                                           -  -  -
        11
                                       MARCH 29, 2001
        12
                                          -  -  -
        13
                                  COURTROOM 253, CITY HALL
        14                       PHILADELPHIA, PENNSYLVANIA

        15                                -  -  -

        16        BEFORE:  HONORABLE VICTOR J DI NUBILE, J

        17

        18
                               GEORGE D'ANGELIS, RPR
        19                     OFFICIAL COURT REPORTER

        20

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        24
 
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         2
                  APPEARANCES:
         3

         4                     ANAPOL, SCHWARTZ, WEISS, COHEN
                               FELDMAN & SMALLEY, PC
         5                     BY:  ALAN SCHWARTZ, ESQUIRE
                                    STEPHEN J POKINIEWSKI, ESQUIRE
         6                     COUNSEL FOR THE PLAINTIFFS

         7

         8                     YOUNG & MC GILVERY, PC
                               BY:  GEORGE L YOUNG, ESQUIRE
         9                     COUNSEL FOR THE DEFENDANTS

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        24
 
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                                        INDEX
                                        _____
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         4
                  WITNESSES:
                  _________ 
         5
                                    DIRECT   CROSS  REDIRECT  RECROSS
         6
                  KEITH VANARSDALEN   8        21      106      108
         7                           26        56      109

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        24
 
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         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (THE FOLLOWING TRANSPIRED IN OPEN

         6               COURT, OUT OF THE PRESENCE OF THE JURY:)

         7                           THE COURT:  GOOD MORNING  I

         8               UNDERSTAND THERE IS A MATTER TO BE TAKEN

         9               UP

        10                           MR YOUNG:  MY EXPERT, DR

        11               VANARSDALEN IS PREPARED TO TESTIFY AND HE

        12               IS GOING TO EXPOUND ON THE AREAS OF

        13               CROSS-EXAMINATION THAT I STARTED WITH DR

        14               BRETAN YESTERDAY AFTERNOON  IN OTHER

        15               WORDS, THAT THE ULTRASOUND-GUIDED BIOPSY

        16               WAS NOT THE STANDARD OF CARE IN 1995, THAT

        17               IT WAS CUTTING EDGE MEDICINE

        18                           THE COURT:  VERY WELL

        19                           MR YOUNG:  AND TO THAT END,

        20               LAST NIGHT IN PREPARATION FOR THIS HE WAS

        21               GOING THROUGH HIS FILES IN HIS OFFICE AND

        22               HE FOUND A BINDER CALLED:  ISSUES IN THE

        23               DIAGNOSIS AND PROGNOSIS OF PROSTATE CANCER,

        24               ELECTROSLIDE SERIES PREPARED BY A DRUG
 
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         1               HOUSE OR A BIOPSY HOUSE  THE ONLY REASON

         2               IT'S SIGNIFICANT IS THE DATE IS JANUARY 20,

         3               1995, AND IT CONTAINS CERTAIN SLIDES  IT'S

         4               A SLIDE SHOW, IN OTHER WORDS, ADVOCATING TO

         5