02-039040413 RAM ASSOC.
0 14 1 T L 0'r A I I 1@
Tobacco
fta L TWWW
SMamon Brathas
DAT ?A
JANUARY It, I
Kusper versus RJR Trial
9 nx plaintff Chmies H Kueper, who has lung
mj=, Is suing WRe)molds Tobacco Company MM,
the Tobacco Icstian and Reese Drug Stores fbr $5
=Mon in co=ensvory damages and unspecified
punitive damages. The compW= charges PJR with
violations of sL-!a liability, negligence, wWN and
VrAmn misconduct and violation of the Minols
conSulne!" Fraud kcr- The Tobacco Insdtute is charged
-with consipiraq, and Reese Drug Stores is charged with
negligence.
* The case in being tned in the stare Court of
BellevMe, Mincis in St Clak County, which is across
the bUssissippi -%ver from SL Louis..
'we believe :har the @uy will find for RJR in the
Kueper case, 1011t them is a chance that judge Donovan
will find fraud. which could place pressure an the
tobacco stocks.
C:@
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B.A.T INDusmiEs P.LC. MMESOTA DEPOSITORY COPY - PRODUCED PURSUANT To I VII.D. OF
ComsEwT JuoamEw GATED SIM iN STATE OF A*NwsoTA, ET AL V. PHXAP MORRIS. ET AL. CASE No. C 1 -94-8565
93 0:02
*.*030440418 WGRO ASSOC. SAT PA 0907
11W okintj a amonxy Is Bn= N. Cook of die DeDerMe firm of Co*
Sbgwliu, Keefe. Ybuzz. ftsuaL and Bardugomew. W. Cook Is a
01 wbo has bem hrmhvd in senmal r4mwmdiy
:=11=10- t=-Loibed 0qumpkIA hom Beaevile won a
inukimMon suit splast lEgerOstional 111rvester for Z man injured In a
tmcm icddeaL He dso won a S17 mUllon case for a woman whose
acted c=ebrsl pgbv as& result of a drug the modw had
co,Z
'ou
mkei2 while she was peSnx= Alth cook t1kopped out of bl&
ou ;@; dqpw W the Wwr and
SChOOL he m-ned hills h4;h schooi eq&
went an W law jehooL He was assistant mve,s attorney and assistant
pubLic defender, and is tavolVed in Dem=tlc Pad's W a fimthsiller
ind luding inpider-
kb= RjWS .V4 am Pat-- G. CAK said RIdWd 0- StUb2n Of JOftm DXY,
Rwb & FoVe Of Cl0rcWj:L Ohio and Rkbard E. BoyLe of die locat
Bovic & Roessler of Benevilir-
if= of G=bd4 LM B95m= .
Ite Tobacco Wdt= :*3 '=ted br James Gooid of Covftm &
lk.gingm in WaxhicrroN.C! and Larry Hqgc of B
Kepler, Btcom. Inc. g=e,- ;,L
Reese DnW is by Nestor of the firm of Dowva:4
Rme, Nemaor. Swwczyie In WeviRe, 9bols.
-rhe W of 12, whkh unanimously on a verdL%. cousin of
am ju;m and ren -==r6:Fud-jg almusites), wfth one pmon
having been dismissed for Shl . Of tbe 15, seven am doarette
smokers - AT smoke dgarcm and one smokes both c1garem and
dpm
ML rNWIM-2 mr. Euept-- started smo whem beuvs 14, looldnS
=pWv when he johed c Anmr at age 17. -= MMMM
Fv@- 1% He
about 11/l packs per day@ fim 109 undl Dec=L-- IM.
in the Army. 3&- gueperww & pulumper ftr cbm vvus. He also
served thp_-- combat r 9 g p i in Viamaim. as a Girten Berit and
Subsequendy became an Amy teaulter. He tedred hom the Amy In
1990. He subsequently worked Is a mgo cuder and became a u.uck
ddver for Ve= Cbemlcal In 1983.
mw rowN Wak We bcUwe iba the w"k Eck i'L *- W"PW case Um 'CL
LI* dm Mr. asseperos c== wn due to senokial- The P=
olmimm Dr. mark WkL a patholosw K
Dr. WWr bund =cer In *= fim Mr.
xueper in -%Lv& 1991. and determhWd d= Irg cu= stamd fa dw
*: 2the:dtMph SW%dL On the low Of clullsaftm Dr.
Lung and moved I Mr
*Wbat Mr. A-kepe -a jung; cwwe Im vkw of his
V"- said. T
hilmn- die answef isl1r. KuePces sm0k-b** Dr. wick bad not am W.
Eueper undl the d:zy dw he tegromL
w W. c:!x rvaioned tests ftm
On on= emmination. defense :Won I IM d-at found no
feLvuar 1991. Aupg 1991 and Fdx=v
wakk c;r Nir. Kuepefs Wags.
twom I Ira"= cenow bmbp ommumm "n-M ---------------
I=
a ba@ W PZCL MR LVARM
I= pMvW ftW FMORM Od
Imm doom "M W-
cc
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B.A.T INDUSTRIES P.L.C. MINNESOTA DEposrToRy Copy - PRODUCED PURSUANT To VILD. OF
CONSENT JUDGMENT DATED 5/8M IN VATE OF A*NNESOrA, Er AL. V. pHjLAp MogfiNg ET AL., CASE No. CI-94-M5
3
LS: 0: V:039640419 LARGRO Assoc, --- SAT PA goes
11111101AINT OF TIESTINIONT
hol St. 11012 Villialn CXQPbell, X'ISICICH Of PhIP Y41ds IMA And a direcow of die
Tobacco Utstinne, tesdiled ar the trial tha vve advertise w 910c Peaple
ra bmr our band, cot saimane cloes brane mr, cook quwdaosd it.
of.,= practim in the SM. inclotmog an ip ad
Campaign that MOM CiO=3 k,,C!= CARRIOU d= My
otber cigarette. Vbez questioned about te Warlboro blan, ad
rant"isa W, Cam;zell said he did not know vi= the appeal of the
cowboy Js. or -by -' It !S successful in achvrcisins. in response to
questions about spowoft rock cooce:ts. W. Campbell sWd, "We
could not go to it ro& concert where the prictary
part of ft sudkm
is under 21. - Thm!s A conIrovew about our @"ct md we W
that staytoS 2"Y fr= audlenm ut@der 21 is &be right Wag vo do.
C
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id ti
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zat t
e
sa
e
ustrr
o
amp
u & volunatty code to reftin, ftm
advertising *x appe:ls to young people. such as adebity
dotsemencs. Mr. CL-jpbd also testified that he did noc bdkve dut
acivatising pezvmdes young people to a= smoiciag,
Damodar 1. 19R Mr. ValkLr Meavm-- the chief" spokesman for the Tobs= Institux
was quesdoned br.%ir. Cook about how the industry has coped with
d3c requirement since 1966 to pdw a *death notice on
padms". Dallas with zbe hostile witness, Mr cook @ =W
Merrymn to admit dar the tobacco companl& labeling is mr-lbuted to
*9 U.S. Suqp= Gc=d radia than an adraisdon. by toba
com
anie
t d
&
::m c
u
tb
ifi
d d
d
W
Ift
:x
a
se cancer.
s
a
.
e
3a
w
:Fman test
p
S
Am wazzangs: were &-tributed to no one, and sated Meca& tbey
Merely said, 'Caudor: Cigatette smoking May be hannious w your
heshf, " Mr. Cook tioned Mr. IMAzzyman regarding whedw
I
@
75 to
' Th
com
a
s bm a r
k
i
bl
f
d
-
_
ma
e
ucr.
n
e
s reasona
e pro
e
y sa
p
defiense ob*ved to :h!s line of questtonlr4@ saying d= dx =Lmw
would require spocu!zdon on d3t -ni" of *aW
Mr. Cook showed the jury -Fred flintstooc' ads for Wftm dgarems;
ad vWeo apes of The Ben* HMbMios,4 Whien showed Vbmn
*dL Mr.Alazyman, said that die Flintstone ads weratt designed to
peal, to young people and that -1be Beverly HMMIes! vu a
pftedme TV pwSwn dw had prjnc@ an adult audiena& He
testirsed that fthere are cartoon dmerets used to produnt
sciverdsemeox; that am directed at sdLLtF.'
W Cook dLu *= ** vioLive a valuntur code by the tobacco
industry, wbich Prohibits, od%vttising tbz appeals to cWW@= R $060
as d= We Hne of ressuaing tries to oppir today's standatAs
and beftefg obow W e in the x95ft it is not dow
that dus tesdawar v=M be pervaitted in Federst CoarL
Dr. Simmons, a wimas for the p12l:WM was a =Iccular chemist who
i6moriced fbc FJR in the law 196IX but v6u fL-ed!n 2970 when MR
terminated its gictogicsi Reseact Division: He re;umed to RjR in 1964
to belp, derelop the Pirmirr Smokalm C4o- Dr. Simmons tosdftd
tha Rja sucomWed La elbuktating most chemicLi components
complaituptl about in dgaremes with Pmmar While at RJR In the Im
190s. bk. Sinunons did research on tuns r-*cm=. which am notace
rowdais that coa: and protect ft lung. W. Cook UW m am Dr.
Simmoo to admit tizat he v6w woddo; on cwer m--==L but Dr.
Simmom mairicamec th= his research was more related to aWhr=L
co
kn
B.A.T IMWM$Es P-L-C- - MINNESOTA DEpOSITORy Copy - PRODUCED PURSUANT To I VILD- OF
COtMHT JUDGMENT DATED 518/98 IN STATE OF A-#INNESOTA, ET AL V. pHXjp Uog=J_ET @AL, CASE No. Cl-94-M5
13:03 V.2039040413 XARGRO ASSOC, ... NAT YA Q009
On W= 19. 1970. FJR ftrmimtced all 26 ernploym in its BIological
in Resexth Dlvbkm. AM of Ibeir research nombooics ware coBected. and
1W
no outside, publicnion, of ft unirs -as mleased umfi L992. In
Auqusr L49Z the Onvubwo Ann pubUsbed sa adde about dx
Brubakir report. which was pnq=zcd by Dr. Brubaker for AWs lawyets
for litigation purposes. It detalls FPs biological meard accmdes. it is
pzftikged and amblea to hwvw/chwu confidends&y b=nse it
Waar an AMUMCF-S working producL
RXs biological meardL was &rkled Into duft sectknu - physiololpy
(beaded bY Dr. JohasmO, blocimmisaT Cheaded by Dr. Simmos); ad
microblologr. Dr. Johnson o%v=vr a = expaimem in which a =
vm beced to brewh smoke via a tubi-m After am months of smoking
Tempo cipmetes, the mt developed eak*senm The plaintift
smomev, Mr. Cook. questioned Dr. Simmons dw if a rat developed
emphyseam zfu-- smking for ten month (one d*d or Its life), should
PJR have waned People that dLey mI* cowract emphysems or lung
Can= aftAx smoUmS for am d*d of their lbres C25 yeas).
Whea asked If dwewas reseuch on cancer done at AWs fom:jer
Biological Reaucb Dirision. Dr. SI--- sLid no. but sased duz
resemd was coWumd on polordurn, which is round in ciguem
smok- and on u-j?wpbjwL RA Wed to discover why polonium was
found ftL tobacco. sunnising d= polonium and lead, which are the
radioactive decay pmducm of rAdon, might have be= caused by
awnic testing.
Dr. Simmons descdbed 11UR's position dw evidence on smoking has
not convetged - that die scientific evidence on the medu ni- of
causation of =ncer has not comoerged with qmdemilogical evtimm
SLmJ
As a toba= company mpresentstive. Dr. noas appened Uncuing
tm the plaintiff ammiers examinatioz4 however, the pry
looked bomd.
L IN3 The biochemlsuy unit, of JUR juvestigawd the consdaienz of smoke.
Nicodoe. another component of - n, ' P was desalbed br Dr. Shrimocs
as a polson that is In IM t, ft making people mont alat
arid AcdM and tbe= Dr. Simmons cad&td chat smoke
invedlered wkh this membolism of cqrptophaft in che bod% . Mr. Cook
questioned On Simmons about the Kw report ftm the thWersity of
TOZOM in 1965. VAUch HrjWd qt?copham and smoWng to We'd
can=. (TqVwpbatL is an amino add found In the body which is a
precutsor of Wrownin.)
Dr. Simmons was questioned about a study an four cabbin; inatith
tubes were Wmwd 1= their ft== to delmer smoke to d= Woos.
Dr. Simmons said die smoke sw undliumd. and dw In hImani
c4preve smoke is diluted br a iactor of tan-co-one vdth air. He also
smDed that the rabblix imm ddqS of non-amoking relawd auses. such
as infectious. and that it v6= not d=r wl= h2ppened m the rabbits.
[a k4arch, of L990. dwm %%= 2n internal AIR vepoa: dtat found tar in the
luup of mice on making maddow. In. December 1969. RXs
Biowskni Beftarch mum Including Dr. Sixamns. was fifed. Mr.
Cook asked dte w1mon If the dhisionwas tenninseed beculie the
mbbk km slumvd a conclusion.
mr. Cook questioned Dr. Slaunons Wmt Dr. JohasoWs PhYS1010P
studko. utich shunied dw emphysem-like dmnges can be produced
notted dut this Andlag was dmammo
In ankmis vOth smokialL and
in the summer of PXA
*PdRM
rN-
Xlt-
k.r
C7%
IBAT INDUSTRIES P.LC- - MINNESOTA DEPOSITORy Copy - PRODUCED PuRsuANT To VILD. OF
comsew iuoovzNT DATED 5/8418 IN STATE OF AIINWsOTA, ET AL. V. v AOMPO, ET AL. CASE No. C14M-M5
WILL-a-1-9-3 IS: 04 V:039040413 M42GRO ASSOC. --- DA-' P.4
@11111111011 'a questioning brft-@ Cook mprding Amis, RX, smokeless Qulu
c4mIta, Dr. Simmons aid dmt the - -
InVedlenix in sM*kp ptocuct eUM102W M% of die ba
teduciag phcaclg.
hydwa*ons@ The Pm, - bcue= lod polycywc
whict, was anted In Sr_ Louis am
pb*mix In 19M, filled JEL the WAAWIPLZ.- bema cosIntmers did sw
Hke it-
C@2 redkea "MiClation by defense artorriev Mr. Cd.,M Dr. Slmfu
w= asked abour the ccwdmtj@a-m- of
ke- Dr. Simmons said tha
PoWcnk hYdr@ were fbundlinmobwbecued fcxW such 33 steaks
and in the air 210und ss by-products of ir-compkne cmbusual
PhewLs are fixuld in coffee, and nicadne is In jonntoe3 pepper and
MPWIL Dr. Sitranons sdmitL-d thst chm is no
constituents of smoke =use cwccr CWSMUW IRS 10 %titt
tzx shown dw k"ed whole "en @c dlb date, and tha no skut
saugm caus=
animWL Dr Swunoos 2,6, czacer Im the lunp of
admitted diar the ani" Dam done by RJR
were not C0124310he2sim lCtrolved only a !ew sxljm,:s ond unoujiI
PISS Peer rewia- by s,-,Muac Vv
Kr' MUM, zBe 31, Ondfled thst be was =zMad twte and ha six
chzldnm four br hb atir v6* pw
One chad am-
a Stepchild -th
h's second w(fc; 2150 Mmed Pat. Both of his puents smaketk but atay
d*mu2pd his smaking bT ny4 d= it woWd st,= fits V,,,dL.L,
Idsh school,
he wu a ftZWw smoker buz to ope in sc
vrould Set itm, cuxxr. h001 said din be
'When %Lt. 1CueW JOiced dIC Amz7 In 1959, be was smokinS Wb&mnL
rn 196Z he vv" dWhaled ftw the Anny but 4P'cd up for the
MA"OPets; after a 6-D-da) dwIllm -
everYthbg you do.- me went )Ob, uvm& 'fhete is a dslc to
to viectutm
Pamchuds; he made -770 pumps. 23 'L ()tfta B---ft !a 1965. As a
He remuned to the t:nimed Stam lbr
cne"nd&"ayeM'xodsV@ *MedcGwPVvup.jnjW.69,
he Mauned to vh== to aWn TWL He =veled to the E:Wced Smw
,09W.Ispe'l one Y=r hl M*Mchusetts Wfmc mtuMfV8 ='Vlwum in
,or teConnatw= saissions, in -hich he %vuld spem,-c &e
=we=tve days in the fiekL He testified d" he w's M,,- in in
11 AV= Oj@ ,w 1113z@ but he had been In Vegwls ftt had
been nqnwx.(L
ML d19n fe"uned to the United smw and did !ecruK_4 f . dw A=r
In Zkob- He retired bom to Amy in 1990. Ife bw=m, 1,ck dd@.
bauft aW
PIM Plaft Pipe and cut; p4m. in 151114, %w Rfted Ila=
as a muck ddw-- haaft hydm&iodc add. ozuw2scdt =W
Odw clustic subsmaces.
JEFUNFOOPPINdw
Mr. Kutpar testified dm be Id seen the -Wafag hb4s
on casuette
packz#= slow 190 but ft tb= dw wWam 'd2g and
1111*109 emu
""2s conakdnX He '510118d 'I dected to do bu rve dam
But, 116-" stupid fbr jmojdzj@w The jun. w= not responsM
In 1981. he tried w quit but NILS 0n1v able to quit br 24
_ =his
hours (2t 003t). rn 1967 's doctor told him not Do =oke in he
preserAW - Mr. Kueper did not sm0e from the time @' c=e home
2ftr WO& Until the a= woftg.
mr, KuePer finallY quit smoking in IM. Na prior so bob* -11swsed
v"th cmm- Ln 1991- 34r. KIROW u diaposed With hLv-- za M-kw
of the f'* kmg dw was inopemble. He Wo bW hW ooc:jw an his
Undwa. He recci vd ratiftdort aeatme:L He leek -ftk now. num-ft
sl0aly 2nd cmnor rum but tesgaLd, Tm jpmg to work, :W : cLat_ He
c2ms 5.421)W 2s 2 rJck* cld%vr. but his SI-a monda Amr-
Will not continue afw his de=h. v pgmio,
31
CIO
B.A.T INDUSTRIES P.LC- - MINNESOTA DEPOSITORY Copy - PRODUCED PURSUANT To I VII.D. OF
CONSENT JUDGMENT DATED SON IN STArE OF ftawsou, ET AL. V. PHXV MORRIS, ET ALP CASE No. C1-944W5
i. 11 .14 - 3
Z..i
6
13: US v:03964V411 IMAGRO ASSOC. &AT PA laou
00, CrOss *=dmu= by kt- QiK W gueper said tbu be had bp--=
dprem Wm d=gmw =d made his du*m mugm dpn to
discomSe d2= from -oWng mw , i ' Wx*m = dw a class
on sawking sad heft was pm of the Minob abod cmmicttltm
IL loon Kbew wWW he hxti head the- m= comn mv spoied to
diSarm", and he saK IL started szooldris of my own fift cboicp--
Vbge s slimed === by.Mr. Kueper staled dw he started =oktag
Wtmwm iu his Luc -4, be Uff"Fm when cv*ss =m=-d duj he
acmully bomwed PhaNaftffom his =du-_ m his ri teemr=
andWouid borrow ciprems from othem. He acimowled8ed V=t be
was aware of the 1952 Araden ZVwardde. 'Can= by dle Caton.-
and subnqL= newspapa reports on the 19(A sumco;, cmmw-s
&epcx He said that he schose to dhweprd the waroinp.-
Mr. Kueper maded d= he was Im sfiicmd by a" in 111a
lwL* The defimse also bwuSk out dw as a truc
ddver for W.
Kutper faced am Increased dsk of cuu=. it wu am esmbligbed Itu
some Of the cbembczb a Vam where Mt lWeper wodced could ==
'Cspk=ry probletus ud wrere monituted br savem==..evAL-=.-
agencies. Once, wtule W Maim worlmd, it Vemm a mak =*cL--
and released fumm, buzw. Kueper vamt wemtog his respiratory.
Mr. KWW a I 1111sk W. Nuepees bobbles inch-d dwring (on& IM) acd sWL-*
mowrc-m
Tdw 'a. He pfefc=d m T1=,t=h0=w A helMeL He Stated thU
'Idding Is a risk I cww to talov
Xr. Mueper msddcd thu he did not believe dme Swpon Getterars or
AMerkan Medical Anod=ms ammeto on smokkno rje cletkuse
C5110blLsked that b&. gueper. baving saxked 30 IS a day
betwem 19", bas seen the health vraming kbel, on 18
aculy 11.000 times a yw for 24 yeam
in clescrtbins his vwm= cqmteacm, mr. M.
twdW d3ar he was
in dw IW-ta -area whme be Supervised the clari- or fi" by burniag.
and w=. Out an ftm-&r purds. The Adense will try to estabHdi dut
the r4w Rvm 2C 0majle, abhough Kuqw had no
lMOWWF Of tbAL rn his second U115310G, Ite WIRS in ft h1odant[s n=
the demllim-med zone (D=. Then asiced If them v= 2m- sl=ym
(hellcopterw ck= sprvW c1dolimrs) at the f= Where he wa@ =wned.
he Wd 'no.' coctmenting thu 1be Army wax vipposed :o tell us wim
dier spmyw
2-Amm ommnw
rs:
rQ
rQ1
kr,
Co
B.A.T INDUSTRIES P.I-C. - MINNESOTA DEposrToRy COPY - PRODUCED PURSUANT To VILD. OF
CONSENT JuDamEwr DATED 518M IN STATE OF UNNESOm, ET AL. v. ftup Aloggis, ET AL. CASE No. CI-94-MS