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DEPOSITION OF ROSEMARY STEWART

was taken on January 22, 1990, commencing at 9:43
at the offices of Jones, Day, Reavis &

Pogue, 655 Fifteenth Street, N.W., Seventh Floor,
Conference Room 7-8, Washington, D.C., before
Donnie A. Stickley, a Notary Public in and for
the County of Maricopa, State of Arizona.

The plaintiffs were represented by
their attorneys, Gallagher & Kennedy, P.A., by
Messrs. Michael L. Gallagher and Robert J.
Milligan, and by Miller and Chevalier, Chartered,
Robert Kielty was

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by Mr. Craig D. Miller.

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The defendants McDougall and Powers

were represented by their attorneys, Morrison,
Becker, Curtis, Kuder & Parrish, by Mr. Steven K.
White.

The witness, Rosemary Stewart, and

office of Thrift Supervision were represented by 20 their attorneys, Squire, Sanders & Dempsey, by Mr. Janes P. Murphy, and by Mr. Steven

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his attorneys, Hazel, Thomas, Fiske, Beckhorn &

STICKLEY & SCHUTZMAN, INC.

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Hanes, P.C., by Messrs. Charles F.B. McAleer,

Jr., and Michael J. Wendorf.

Mr. Joseph Maggio, videotape

technician, was also present.

STICKLEY & SCHUTZMAN, INC.

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DEPOSITION OF ROSEMARY STEWART VOL. I

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MR. GALLAGHER: My name is Mike Gallagher;

I am with the Phoneix law firm of Gallagher &
Kennedy. I represent the plaintiffs in this
action.

MR. MILLIGAN: Robert Milligan, with

Gallagher & Kennedy, representing the plaintiffs.
MR. MILLER: Craig Miller, with Miller and

Chevalier, representing the plaintiffs.

MR. KIELTY: Robert Kielty, American

Continental, plaintiffs.

MR. WENDORF: Micahel Wendorf; Hazel,
Thomas, Piske, Beckhorn & Hanes, representing

Darrell Dochow.

MR. MCALEER: Charles McAleer with the Hazel, Thomas firn, again representing Darrell Dochow.

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Thrift Supervision.

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MR. MURPHY: James Murphy, from the firm of
Rosemary

Squire, Sanders & Dempsey, representing

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MR. WHITE: Steven White; Morrison, Hecker, Curtis, Kuder & Parrish, representing Wayne Powers and David McDougall.

MR. DIMNICK: Steven Dinnick, from the law office of the Chief Counsel of the Office of

STICKLEY & SCHUTZMAN, INC.

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MR. GALLAGHER : Before we commence, I would

like to point out that I think all of the parties

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that have been served are represented by counsel here except for Mr. Black.

Our understanding is that at least as

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of Friday, Mr. Black did not have intentions to

appear.

We have waited approximately 15

minutes. And it's my intention to commence the deposition.

I take it there is no objection from

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ROSEMARY STEWART,

a witness herein, having been first duly sworn by Donnie A. Stickley, pursuant to order of the Court herein, to speak the truth and nothing but the truth, was examined and testified as follows:

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STICKLEY & SCHUTZMAN, INC.

DEPOSITION OF ROSEMARY STEWART

VOL. I

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A. I live in Alexandria, Virginia. Q. Ms. Stewart, you are here today pursuant to a subpoena, is that correct?

A. Yes.

Q. That subpoena also requested that you bring with you certain records, if they were in your possession, correct?

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Q. Did you in fact in an attempt to comply with that subpoena bring any records with you?

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All of my records had previously been collected and turned over in connection with

other lawsuits involving Lincoln.

2. Are you aware that there is a record

depository in Phoenix, Arizona?

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Q.

Is it your understanding that that is where all of your records are now located?

STICKLEY & SCHUTZMAN, INC.

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