I  State of Ohio,       )
                                      )  SS:
              2  County of Cuyahoga.  )

              3

              4

              5  Katherine G. Kell, et al,

              6                 Plaintiffs,

              7         VS.                            No. 249409

              8  Reich, Seidelmann & Janicki
                   Co., et al,
              9
                                Defendants.
            10

            11

            12

            13         Deposition of ALAN WINE, M.D., a witness

            14   herein, called for cross-examination by the

            15   Defendants, taken before Michelle A. Bishilany, a

            16   Registered Professional Reporter/CM and Notary

            17   Public within and for the State of Ohio, at the

            18   offices of Alan Wine, M.D., 4200 Warrensville Center

            19   Road, Warrensville Heights, Ohio, on Thursday, the

            20   22nd day of December, 1994, at 1:22 p.m.

            21

            22                         - - - -

            2 3

            2 4
                                HOLLAND & ASSOCIATES
            25                      (216)621-7786

                                                                        2


              I  APPEARANCES:

              2

              3             Weisman, Goldberg & Weisman, by
                            Mr. Richard J. Berris,
              4
                                 On behalf of the Plaintiffs;
              5

              6

              7

              8             Jacobson, Maynard, Tuschman & Kalur, by
                            Mr. Dale L. Kwarciany,
              9
                                 On behalf of the Defendants.
             1 0

             11

             12

             13

             1 4

             15

             1 6

             17                     EXHIBITS MARKED

             1 8
                            Defendant's exhibit 1   . . . . . .
             1 9

             2 0

             21

             2 2

             2 3

             2 4

             2 5

                                                                        3

               1                    ALAN WINE, M.D.,
               2 of lawful age, a witness herein, called for
               3 cross-examination by the Defendants, being by me
               4 first duly sworn, as hereinafter certified, deposed
               5 and said as follows:
               6                 MR.  BERRIS:         Dale, something
               7         just came to mind and I didn't think of it
               8         before.  I believe you  got  those  records  from
               9         me?
             10                  MR. KWARCIANY:       Right.
             11                  MR.  BERRIS:         Looks like what
             12          we put together.  Those were the original
             13          records before you used all of the
             14          authorizations to get the complete sets of
             15          records.
             16                  MR. KWARCIANY:       Sure.
             17                  MR.  BERRIS:         Which we now
             18          have.
             19                  MR. KWARCIANY:       Right.
             20                  MR.  BERRIS:         The  complete  sets
             21          of records are what I sent  to Dr. Miller.
             22          But I don't think  I ever sent all of the
             23          extensive records to Dr. Wine so that he has

             24          not had an opportunity yet to review all of

             25          the records.  I want you to  be  aware  of  that,

                                                                      4

              1         okay?
              2                 MR. KWARCIANY:       I mean, I was
              3         going to ask him anyway what he saw.
              4                 THE WITNESS:         These are the
              5         only records I have.
              6                 MR. BERRIS:          He has the same
              7         records as your brochure.  We made  a  copy  of
              8         those records for Dr. Wine as well.    We  just
              9         didn't -- when he first reviewed the  case  he
            10          didn't have all of those records, okay?
            11                  MR. KWARCIANY:       Okay.
            12                    CROSS-EXAMINATION
            13  BY MR.  KWARCIANY:
            14  Q.      Doctor, is your practice hospital-based or
            15  office-based?  Or don't you make a distinction?
            16  A.      I no longer make a distinction,  although  I'm
            17  basically empl