Appendix — Standard Oil Co. of Cal. v. United States
Supreme Court brief1976
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APPENDIX |
VolumelI © *
Supreme Court of the United States
OcroBer Term, 1972
No. 72-1251
Stanparp On. Company or CALIFORNIA,
Appellant,
VS.
Untrep States or AMERICA,
Appellee.
On Motion to Recall Mandate and for
Leave for District Court to Consider Motion to
Set Aside Judgment for Fraud Upon the Court,
Pursuant to Rule 60(b), Federal Rules of
Civil Procedure
SORG PRINTING COMPANY OF CALIFORNIA, 346 FIRST STREET, SAN FRANCISCO 941085
Supreme Court of the United States
Ocroser TERM, 1972
No. 72-1251
Sranparp Or Company OF CALIFORNIA,
Appellant,
Vs.
Unitep States or AMERICA,
Appellee.
On Motion to Recall Mandate and for
Leave for District Court to Consider Motion to
Set Aside Judgment for Fraud Upon the Court,
Pursuant to Rule 60(b), Federal Rules of
Civil Procedure
INDEX
VOLUME I
Page
| CRN STE eR Oe SO RTe a ae RO NOD 1
<n lis 1
2. New Documents: Not Produced Before ............ 115
3. New Documents: Produced Before, But Not By
SE Ge MINNIE ceritictnintentarcitoninirctntennccinenniscscin
ii
a.
INDEX
VOLUME II Page
Be By TD iccccssnsestesecenrscheninstnstnsnittcninicsitianittanaen 267
ee EO TT NT ae
Notice of Motion and Motion of Defend-
ant Standard Oil Company of California
for Production of Documents Under Rule
34 Dated October 23, 1969 _..0.......
Handwritten Notes Dated October 239,
1969 by Bernard M. Hollander, Esq. ......
Handwritten Notes Dated October 29,
1969 Signed by B. M. Hollander ..............
Letter Dated November 3, 1969, to Ray-
mond C. Turnbull, Seaways Interna-
tional Engineering Corporation, Beverly
Hills, California, from Bernard M. Hol-
lander, Attorney, Department of Justice
Stipulation and Order Dated December
is: SUIT seesncaiiibnesidliaaacenidanianiaiiiiidimatiiaincieneintin
Transmittal Memorandum Dated Decem-
ber 11, 1969, to Bernard M. Hollander,
Esq., from Howard L. Winton, Esq., Los
Angeles, California .................-..cc.cs.esssscse-
Letter Dated February 25, 1970, to Ber-
nard M. Hollander, Esq., from William
EK. Mussman, Esq., Pillsbury, Madison &
Sutro, Standard Oil Building, San Fran-
Ee ae ee ee
Letter Dated March 31, 1970, to William
KE. Mussman, Esq., from Bernard M. Hol-
es Ss ecsesseresteninerinsisensantntsnninetidiintsiatcna
Letter Dated April 1, 1970, to Bernard
M. Hollander, Esq., from William E.
OI, SI: ‘nenninninsanesitteniesidanenesctiomatiinn
267
267
i 71
273
274
276
278
279
280
282
INDEX
Page
Letter Dated April 13, 1970, to William
E. Mussman, Esq., from Bernard M. Hol-
I TIE, iccitenerstersicnsttencennieenememnnenad
Letter Dated June 25, 1970 to Raymond
C. Turnbull from Richard B, Lynn, Esq.,
Oe
Letter Dated June 25, 1970 to Richard B.
Lynn, Esq., from Lyle L. Jones, Sulli-
van, Marinos, Augustine & Delafield, San
Bh, SEED: sisuiniriesiensnsenniecnindantoieonennnennindss
Envelope Postmarked August 15, 1970,
to Lyle L. Jones, Esq., from Raymond C.
IIIT wicuiintictionusietasiunnlinetianineiineniis
Letter Dated August 19, 1970 to Richard
B. Lynn, Fsq., from Lyle L. Jones, Esq.
Letter Dated August 25, 1970, to Richard
B. Lynn, Esq., from Lyle L. Jones, Esq.
Letter Dated August 26, 1970, to James
O. Sullivan, Esq., Sullivan, Marinos, Au-
gustine & Delafield, San Diego, Califor-
nia, from Richard B. Lynn, Esq. ..............
Letter Dated August 28, 1970 to Ray-
mond C, Turnbull from Richard B. Lynn,
SA scinscengphitiitehinieciineninninihnasiiiannnintucaiens
Notice of Taking of Deposition Dated
September 24, 1970: Raymond C. Turn-
bull; M. E. Long; Carl A. Olson; Vincent
J. Evich; Robert K. Pedersen ..................
Transcript of Deposition of Raymond C.
Turnbull Taken October 1, 1970, by De-
fendant Standard Oil Company of Cali-
fornia: Pages 1, 27, 28, 31, 45-47, 70, 71,
283
284
285
286
287
288
289
290
291
iv
aa.
bb.
INDEX ~
Page
78, 113-115, 117, 149-151, 156, 157, 169,
170, 196, 198, 204, 205, 216, 218-220 .......... 293
Letter Dated November 9, 1970, to Rich-
ard B. Lynn, Esq., from William E.
IIIS, TIIIUIs sccsnscchccbinisenniicentiteimmilciadiaaniiadis 322
Letter Dated December 14, 1970, to
James QO. Sullivan, Esq., from Richard
Sa a IN -cbencemnesiideigaanbcaiaceeitidethai aati at 325
Notice of Taking Deposition Dated De-
cember 31, 1970: Raymond C. Turnbull.... 326
Letter Dated January 13, 1971, to Wil-
liam E. Mussman, Esq., from Richard B.
aIntiy TIRIIII ‘seciensieteeiesininhsecstemesnasescimieibbiditinaicslelicie 328
Handwritten Notes Dated January 15/
18, 1971 by Bernard M. Hollander, Esq. 329
Letter Dated January 26, 1971, with En-
closures, to Richard B. Lynn, Esq., from
Se a SI CNIS cncerectsictpecenienteitenee 330
Letter Dated February 19, 1971, to Ray-
mond C. Turnbull from Richard B, Lynn,
TT Te, 334
Letter Dated March 9, 1971, to Richard
B. Lynn, Esq., from Thomas J. Klit-
gaard, Esq., Pillsbury, Madison & Sutro,
San Francisco, California .......................... 335
Notice of Taking Deposition Dated
March 9, 1971: Richard B. Lynn, Esq.
(Subpoena Duces Teeum) ....0.0000.0.0.........- 336
Notice of Taking Deposition Dated
March 9, 1971: William R. MeCook (Sub-
poena Duces Tecum) .200..........cccceccececeececeee 340
dd.
ff.
8.
jj-
INDEX Vv
Page
Letter Dated March 15, 1971, to Lyle L.
Jones, Esq., from Richard B. Lynn, Esq. 344
Telex Dated March 17, 1971, to Bernard
M. Hollander, Esq., from Charles A
Storke, Esq., Pillsbury, Madison & Sutro,
San Francisco, California -....................... 345
Amended Notice of Taking Depositions
Dated March 17, 1971: Richard B. Lynn,
Esq. (Subpoena Duces Tecum) ; William
R. MeCook (Subpoena Duces Tecum) .... 346
Handwritten Notes Dated March 17,
1971, by Bernard M. Hollander, Esq. ...... 358
Transcript of Deposition of Richard B.
Lynn, Esq., Taken March 23, 1971: Pages
iia TUT sasihidhedetditicesnnsiddanpancatiaieniedbiamidasiinteniaseaied —
Transcript of Deposition of William R.
McCook Taken March 23, 1971: Pages 1,
4, 5, 17-22, 128-129
Transmittal Note Dated March 23, 1971,
Prepared by Richard B. Lynn, Esq. ........ 393
Letter Dated March 26, 1971, to Richard
B. Lynn, Esq., from Lyle L. Jones, Esq. 394
Letter Dated April 3, 1971 to Richard B.
Lynn, Esq., from Thomas J. Klitgaard,
Is dcracheiceehneeneisitioeniemnuneselenennnatpeennmnenemetinn 395
Letter dated April 12, 1971, to Richard
B. Lynn, Esq., from Thomas J. Klit-
SE TL. cccinnitlinicinsinitiiniinniiiananeeneseeen 397
Notice of Taking Depositions dated April
14, 1971: Richard B. Lynn, Esq., and
Raymond C. Turnbull ........0..2..02..0....... 398
vi
oo.
Pp.
qq:
rr.
Ss.
tt.
uu.
VV.
INDEX
Page
Telex dated April 15, 1971, to Bernard
M. Hollander, Esq., from Charles A.
SBRGGEER, TRG, ccccesscnvcosensteniesaisaaisiaaeeel 404
Handwritten notes dated April 15, 1971,
by Bernard M. Hollander, Esq.; .............. 405
Telex dated April 16, 1971, to Bernard
M. Hollander, Esq. from Thomas J.
EARAGRERG, TED, «.nnrccnissmusitieniemaiiaaanaa 406
Telex Dated April 16, 1971, to Bernard
M. Hollander, Esq., from Thomas J.
EAIPAUOROE, TAG, cnnsnicemmsinane 407
Handwritten Notes Dated April 19, 1971,
by Bernard M. Hollander, Esq. .............. 408
Letter Dated April 19, 1971, to Bernard
M. Hollander, Esq., from William E.
BERR, TROD, ccccuscsitininniniagemanel 409
Telex Dated April 23, 1971, to William E.
Mussman, Esq., from Richard B. Lynn,
TD, cceninssiineniamieiianen 414
Speedletter Dated April 23, 1971, with
Enclosure, to Bernard M. Hollander,
Esq., from Richard B. Lynn, Esq. .......... 415
Letter Dated April 23, 1971, to William
Mussman, Esq., from Richard B. —
TREE <cccomnessnemsinessniiinitiaopmamaaia . 416
Letter Dated April 23, 1971, to William
E. Mussman, Esq., from Bernard M.
SUD, TN, sxiconssitstslasabibiniiaaaiaedutemianies 41/
Letter Dated April 26, 1971, to Bernard
M. Hollancer, Esq., from William E.
SUOMI, TE: ccncesctiiinsishiniiaddaniniaiammeatias 419
bbb.
ddd.
fff.
INDEX vii
Page
Letter Dated May 3, 1971, to William E.
Mussman, Esq., from Bernard M. Hol-
lander, Esq.
Letter Dated May 5, 1971, to Bernard M.
Hollander, Esq., from William E. Muss-
a 421
Letter Dated May 13, 1971, to William E.
Mussman, Esq., from Bernard M. Hol-
EE Tn See 422
Routing Slip Dated May 17, 1971, with
Enclosure, to Richard B. Lynn, Esq.,
from Bernard M. Hollander, Esq. ............ 423
Letter Dated May 18, 1971, to Bernard
M. Hollander, Esq., from William E.
le aetelicrneeetnennenscnnneee 425
Statement Dated September 16, 1971, to
Richard B. Lynn, Esq., from Sullivan,
Jones, Archer & Brucher, San Diego,
a 426
Letter Dated February 16, 1972, to Ray-
mond C. Turnbull from Richard B. Lynn,
I cabistenesuenaentnciniesiesunsesnntccnseennnesssineecemeseencense 427
Letter Dated March 17, 1972, to Lyle L.
Jones, Esq., from Richard B. Lynn, Esq. 428
Letter Dated September 1, 1972 to An-
thony Desmond, Esq., from Robert W.
a 430
a. Letter Dated July 20, 1973, to Raymond
C. Turnbull from Bernard M. Hollander,
IT seeetdbiinnipdinhddnantenenetanisinnetietenestonatenenianenmemneane 431
Vill
C.
INDEX
Page
Letter Dated August 16, 1973, to Ber-
nard M. Hollander, Esq., from Raymond
a STEIN -tcnccvcnseeseesmntantasicsuaiabstitbinabietbiniessbiaia 432
Letter Dated August 23, 1973, to Ray-
mond C, Turnbull from Bernard M. Hol-
BA, SII: scrccccensitcenenesintnimsintctianentninnidetens 433
Letter Dated September 19, 1973, to
Peter D. Patten, Atlantic Richfield Com-
pany, New York, New York, from Ber-
nard M. Hollander, Esq. (copy sent to
Raymond C, Turnbull, Seaways Interna-
tional Engineering Corporation, Beverly
A ES SO 434
Letter Dated October 4, 1973, with Four-
teen Enclosures, to Bernard M. Hol-
lander, Esq., from Raymond C. Turnbull 436
Letter Dated October 18, 1973, to Ray-
mond C. Turnbull from Bernard M. Hol-
SOI, STII: scisshcnstsstinihtaiaiiesdiiiniiaaeiiaiepaaad 458
Transcript of Proceedings in Fagatogo,
American Samoa, October 24, 1973; pp.1,
SU TEED : sisccinevesintunieiaianiniiiaiibiaadiamemaeadiie 459
Letter Dated November 7, 1973, to Ber-
nard M. Hollander, Esq., from Roger J.
Nichols, Esq. ............. RADE Ieee Coe 463
Letter Dated November 28, 1973, with
Enclosures, to The Honorable Samuel
Conti, United States District Court
Judge, from Bernard M. Hollander, Esq. 465
A ETT IN 471
INDEX
ix
Page
1. United States of America v. Standard Oi] Com-
pany of California, United States District
Court, Northern District of California, Civil
No. 52334 .... seh emmnidineeninsninsediiiiadapaasiadiidimniameiliniaas
a. Deposition: October 1, 1970: Raymond
C. Turnbull ......
b. Deposition: March 23, 1971: William
R. McCook .......
e. Deposition: July 24, 1970: H. Rex Lee
d. Trial Testimony: June 12-13, 1972: H.
gL ee
. William R. MeCook v. Standard Oil Company
of California, et al., United States District
Court, Central District of California, Civil No.
a. Deposition: September 23-24, 197 5, Feb-
b. Deposition: September 25, October 14,
1975: Richard B. Lynn
ce. Deposition: November 24-26, December
1-2, 1975, January 28, 1976: Raymond C.
0 ie a
d. Deposition: March 29, 1976: Sullivan,
I BD eects tcinnrnanemnnecensen
e. Deposition: March 29, 1976: Lyle L.
/
f. Deposition: March 30, 1976: James O.
IID ccxinnicciccsininunimmaaininins
g. Deposition: April 20, May 8, 1976:
I i II snsectniciistienisssinglatinbiindentininy
h. Deposition: May 6, 1976: Jerrold S.
Gross
471
INDEX
Page
i. Affidavit: February 19, 1976: Bernard
| SEE
j. Affidavit: March 10, 1976: Bernard M.
a cassinnndian .
I; ncindisiarsiaciensisahiateniiaiiitisanticadueebiitenscntiniaammiaieindneniiniail
1. United States of America v. Standard Oil Com-
pany of California, United States District
Court, Northern District of California, Civil
ERE TESCO vienna Teme
a. Correspondence with the Honorable
FE EI oe
i. Letter Dated February 23, 1976, by
counsel for Government ....................
ii. Letter Dated March 17, 1976, by
Counsel for Standard .............0.........
iii. Letter Dated March 19, 1976, by
Counsel for McCook ..........................
iv. Letter Dated March 24, 1976, by
Counsel for Government ....................
v. Letter Dated April 5, 1976, by Coun-
IN cicessccstiindllstisincennscenees
vi. Letter Dated April 15, 1976, by the
Honorable Samuel Conti ....................
b. Post Trial Briefs (Exeerpts)....................
i. United States, Filed September 11,
I aiaiaeteiietniecctniendinietaeisnnmncinineepinitgieen
ii. Standard Oil Company of Califor-
nia, Dated September 18, 1972 ........
2. William R. MeCook v. Standard Oil Company
of California, et al., United States District
Court, Central District of California, Civil No.
ina tieeirescciaticasscieceisiessciiidiiininindaniadainuninstaniinias
Oi ee
eee
INDEX xi
Page
a. Motion for Summary Judgment .............. 737
i. Memorandum of Points and Author-
ities in Support of Motion for Par-
tial Summary Judgment, Served
August 14, 1974 .....
ii. Reply Memorandum in Support of
Motion for Partial Summary Judg-
ment, Dated September 17, 1974 ......
iii. Supplemental Reply Memorandum
in Support of Motion for Partial
Summary Judgment, Dated October
i Ee senennieaetiinenen
b. Transcripts of Proceedings Before the
Honorable Harry Pregerson ....................
i. Heuring: March 15, 1976 ...............
ii. Hearing: April 19, 1976 .................
e. Letter Dated November 18, 1975, by
Counsel for McCook to Bernard M. Hol-
EC ansndinanie
d. Letter Dated April 29, 1976 by Counsel
for Government to Counsel for Standard
e. Letter Dated June 4, 1976, by Counsel
for Government to Counsel for Stand-
ard, with enclosed Index of Documents
Withheld by Government on Claim of
SUID ‘siesschhicninecniastinsaniaiuinaieacbiteanitsiianiansiiableniies
E. Findings of Fact and Conclusions of Law, Entered
October 26, 1972 ...................--.-0-0-+
F. Judgment, Entered December 14, 1972 -...................
737
738
739
740
740
747
753
754
756
471
C. TRANSCRIPTS
1. United States of America v. Standard Oil Company of Cali-
fornia, United States District Court, Northern District of
California, Civil No. 52334
a. DEPOSITION: OCTOBER 1, 1970: RAYMOND C. TURNBULL
United States District Court for the
Northern District of California
Unitep States oF AMERICA,
Plaintiff,
vs. Civil No. 52334
Stanparp Om Company oF (CALIFORNIA,
Defendant.
[4]
RAYMOND C. TURNBULL,
called as a witness on behalf of the Defendant, having been
first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. MUSSMAN [Counsel for Standard]:
Q. Now, in reviewing the various documents that were
produced by you for Mr. Hollander and Mr. Hollander gave
us
[10]
copies of them, it appears that you were quite active
in attracting various kinds and types of businesses to
American Samoa. * * *
472
[71]
(. If you read on, you will see in this paragraph [TU
23-24] a reference to a corversation that you had had with
Fletcher.
A. Yes. I just mentioned him before.
Q. Yes. What sort of a deal did you foresee between
Fletcher and Union here?
A. I didn’t see any. I went down to find out from my
friends what the actual prices on shipboard—what the ship-
ping costs would be. I was just on a hunting expedition to
determine prices for myself.
- - ~ * * * *
[72]
- - .
o * * >
Q. As I read this paragrapli, what you discussed with
Fletcher was the possibility of Fletcher opening a refinery
in American Samoa and refining Indonesian crude, and
then, somehow or another, Union was going to, I guess,
market the product.
I’m just asking von. That’s what I gather from reading
this, but I’m just asking vou what you did have in
[73]
mind.
A. You are going to have to understand, vou being an
attorney and me being a promoter, that ideas turn on and
sometimes when vou pursue them, they don’t make any
sense, And I was discussing this with—-I was diseussing this
thing with the governor—
en
473
Q. You say this made some sense to Fletcher when you
discussed it?
A. Fletcher wanted to sell oil.
Q. Crude?
A. Was willing to sell me crude.
Q. You mean they were going to ship crude from the
States to Samoa?
A. This is what I did. Now, something we haven’t even
discussed vet was that we were even talking—and this was
the same time when I was looking into the possibilities of
putting a refinery on Tutuila, T-u-t-u-i-l-a, Western Samoa.
Q. That’s what this says.
A. And I asked Fletcher about it. I said, “At least
[74]
this is an idea, the beginning of an idea. Would you people
be interested in this?”
And he indicated interest in doing it. It never got off the
ground.
f121]
Q. Now, in your letter of June 2, you mention the fact
that you called on the Mobil people and tried to stir up
some interest there.
A. T not only called on them once in New York, T ealled
on them three times. And I called the Mobil people, if T
remember correctly, in Australia.
And T went back and I—this refreshes my memory. My
handwriting in the letter dated June 9 from Mr. Aspinall
refreshes my memory who T met with in New York twice,
474
and that’s Hugh Keeley and Clyde Port, in the New York
office of Mobil.
Q. Are you looking at the handwritten notes on there?
[122]
Yes.
Is that your handwriting?
Yes.
Who is this Charles Small?
I think he was—I’m not sure. I talked to Mobil in
pon I talked to Shell, I believe, in Australia, and
I talked to Shell in Western Samoa. I don’t know which
one he was. * * *
>OPO>
[127]
Q. Weren’t you at all times trying to get these oil
companies to come in and build storage—
A. No, I was not.
-_ - 7 * * * *
[153]
A. As TI told vou before, I was in contact with the Shell
in Australia and the Shell in Western Samoa. Now, I don’t
know where this fits, if I used the correct word, Asiatic
Petroleum.
Q. Does that name mean anything to you, Mr. Galeon?
A. It sure as hell doesn’t.
[158]
I was working on every one of these deals by myself.
Ifow did they compare?
Compare with what?
With each other. Mobil, Asiatic, and Summit.
Oreor
475
A. All of them approached the same way. Lots of in-
terest, we'll look into it. Back and forth, back and forth.
And some of them died out and some of them said, “We
can’t compete.”
[182]
Q. * * * Do you recall having a meeting with Starkist
and Van Camp people jointly?
A. Ido, at Van Camp.
[183]
Q. ** * Well, do you remember the discussion, what was
said by whom or anything?
A. I remember Mr. Gillis was there. IT remember it was
over at Van Camp down in Wilmington or San Pedro, or
wherever it is, in Long Beach.
Q. What did you propose? Did you tell them about this,
the deal that you had with Oceanic?
A. We were getting down now to the point where it was
time for discussions and to choose up sides. “Will you go if
the price is right?”
Q. What did they say? Did they say, “We aren’t going
to commit to you until after we get Standard to reduce the
price?”
A. Frankly, they didn’t say a word. They didn’t say
anything T could hang my hat on.
Q. Did you give them prices?
A. Idon’t remember.
[194]
476
Q. I’m going to show you two documents, Mr, Turnbull.
They purport to be written by you on April 13, 1965. They
are identical letters, except one is addressed to Mr. Peder-
son of Starkist and the other is addressed to Mr. Copeland.
I ask you if you recall writing and sending these letters
on or about the date they bear, which is April 13, 1965.
A. Yes.
[196]
. Well, did you get a response from these people to
your letter?
A. I haven’t got one in my file.
* * * * * - *
[201]
* * . * * * 8
Q. Now I’m going to show you the document marked
DDX 133, and that is the letter from Mr. McCook to Gover-
nor Lee, dated August 13, 1965.
Do you recall this letter?
A. Yes.
Q. Did Mr. McCook write this letter with your approval?
A. Yes.
Q. And had he come into the picture as the one who was
willing to finance the storage cost?
[202]
A. All the cost, yes.
[205]
477
Q. *** Inthe last paragraph, Mr. McCook says: “It has
been suggested by Starkist that Governor Lee act as a
catalyst in the proposal.”
A. That’s true.
[206]
Q. Who was it, do you know, that suggested that?
A. Somebody that was at the meeting that we had had
when Van Camp was available, or when Van Camp was
present at a meeting that you referred to earlier, and also
by Vince Evich of Starkist.
Q. Was the suggestion to you or to Mr. MeCook?
A. Well, the suggestion was made to me that everything
appear—that everything appeared to be good now. If Gov-
ernor—if the governor can move fast on this thing, then
let him, with the catalyst.
Q. What did you mean by that, “catalyst”?
A. Well, the governor was the supreme being, speaking
in hyperbole, down there, and it was up to him to initiate
this, “Let’s do it now.”
Q. To the canners—
A. To everybody that was involved in this operation.
* . 7 * * * *
[211]
Q. * * * Did vou write this letter [TU 76] to Mr. Shaw
on or about August 25, ’65?
A. Yes.
Q. In the first paragraph you refer to a meeting that
had been set up with McCook and Governor Lee.
A. Yes.
Q. Did that mecting ever take place?
A. To my best recollection, no.
Q. Do you know why?
A. I do not.
ee ee
478
Q. Did you make any inquiry or follow-up as to why it
did not?
A. MeCook was available, but I remember McCook tell-
ing me that it didn’t take place.
[215]
o a * @ * e *
Q. Was Summit the only one from whom you reaily
had a proposal to offer Governor Lee?
A. All the majors—all the majors backed away, said
they could not compete.
Q. Starting with UNOCO, then—
A. He was the only one that was eager to compete—
Q. Now, was—
A. —as an independent oil company.
a * * * * e 6
[216]
Q. I have a document here that’s numbered TU 073,
and I don’t know what it is. Maybe you can recognize it.
Q. This was one of the initial handwritten things which
I typed up when Mr. Shaw was in my office in Beverly Hills,
in which he penciled out a general profitability and payout,
I thin’ the — at the first meeting that I had in my office
with Mr. Shaw.
* * * * * * *
[220]
CROSS EXAMINATION
[225]
ee een
hee OS nee te
479
Q. By Mr. Hotianper: I show you a document that’s
been provided from the files of Mobil, marked M-18, and
eall your attention particularly to the last paragraph [Re-
ference to Standard’s supply contracts]. See if that
.efreshes your recollection of what any oil company gave
you as 2 reason for not coming into the market with sup-
ply contracts.
[226]
A. I’m awfully—could you repeat that question? I was
reading it.
(Whereupon the record was read.)
Tre Witness: Yes, both Shell and Mobil.
Q. When Starkist and Van Camp talked to you about
their requirements at American Samoa, did they also speak
in terms of including the fishing fleet requirements?
[227]
A. Yes, that’s the main thing.
b. DEPOSITION: MARCH 23,1971: WILLIAM R. McCOOK
United States District Court for the
Northern District of California
Unrrep States OF AMERICA,
Plaintiff, Civil No.
Vs. 52334
Sranparp On. Company or CALIFORNIA,
Defendant.
480
Wuuuus R. McCook, called as a witness on behalf of the
defendant, having been first duly sworn, was examined and
testified as follows:
Mr. Kurreaarp: Do you wish to show Mr. Lynn’s ap-
pearance for the witness? I take it you are appearing to-
day for the witness, Mr. Lynn?
Mr. Lynn: Yes.
[5]
DIRECT EXAMINATION
By Mr. Kurreaarp [Counsel for Standard]:
Q. Will you state your full name, please.
A. William Robert McCook.
Q. Did Mr. Turnbull from time to time send you copies
of his correspondence from Governor Lee?
A. Yes.
Q. Did he send you copies of correspondence generally
on this petroleum product distribution venture?
A. Yes.
Q. Did you disenss this with Mr. Turnbull from time
to time?
A. Yes.
481
Q. Now, did Mr. Turnbull at any time have any dis-
cussions with you about actually refining petroleum pro-
ducts?
[86]
Q. What was Mr. Turnbull to receive for his efforts
in the event you did put in a petroleum facility in American
Samoa?
A. Well, that is a good question. It was really never
discussed. Just that he would be compensated.
Q. By whom?
A. By me.
[93]
Q. Had you discussed the possibility of another com-
pany distributing petroleum products in American Samoa?
A. I just don’t remember if we did or not.
Q. Was your plan of operation, Mr. MeCook, to run the
terminal yourself, to run the bulk plant facility?
A. Yes.
[107]
Q. Apart from the time vou were in Samoa in February,
1964, did you have any meetings at all any time thereafter
with any officials of the government of American Samoa
or any representatives thereof concerning petroleum sup-
ply?
A. I doubt it. I don't think so. it’s possible, but T don’t
think so.
Q. You have no independent recollection of any?
A. No.
[117]
Q. Directing your attention now, Mr. McCook, to a docu-
ment previously marked DDX 133, which is a letter dated
August 15, 1965, from William R. MeCook to Governor H.
Rex Lee, was this letter prepared by you?
A. Yes.
[119]
Q. Directing your attention to the third paragraph
which says: “We have a firm commitment from Oceanic
Petroleum Corporation of New York...” Do you see that
statement?
A. Yes.
Q. Now, by Oceanic Petroleum Corporation were you
referring to one of the Shaw enterprises?
A. Lam sure I was, if those figures coincide. Do they?
Q. Yes.
Were the prices something that you took from this tele-
gram the year before, June 12, 1964, or had you other price
lists in between?
A. Iam sure we had others. A year-old price list is not
too valuable.
Q. Was this based on a current price list from Shaw?
A. Evidently it was. I am sure we wouldn’t use a year-
old one.
Q. in the reference to a firm commitment, did you mean
a written contract already with Oceanic Petroleum?
A. Not necessarily a written contract, but evidently we
had some sort of a commitment from them.
You have no copy of any commitment from Shaw?
483
Q. No.
A. You don’t? Well, there is one around someplace.
Q. Did you have a commitment that was in writing; is
that what you are telling us?
[120]
A. Ithought so. Maybe it was verbal.
* — 7 * > * *
Q. Now, was it vour idea, as actually reflected in the
letter here, to turn the whole facility back to the govern-
ment?
That’s correct.
For $1 after 16 vears?
That is correct.
Was your lease to be 16 vears?
16 rather than six.
A 16-year supply contract with the government?
No.
Ora 16-vear lease?
eOPOoOPOoPOob
No, 16-year ground lease.
Q. In the bottom paragraph of this page you see the
statement: “It has been suggested by ‘Starkist’ that you act
as the catalyst in this proposal.”
A. Yes.
Q. Now, does this refresh your recollection in any way
that you had any discussions with Starkist personnel?
A. No, it doesn’t, but we’re getting warm.
[122]
Q. Well, how are you able to suggest then or mention
that it was suggested by Starkist that Governor Lee act as
the catalyst?
:
a ne
484
A. Through Ray, obviously.
Q. Did Mr. Turnbull tell you—
I assume “Ray” refers to Mr. Turnbull?
A. Yes.
Q. Did he tell vou who had suggested this at Starkirt?
A. No. He possibly did, but I don’t remember.
* * * o = e o
[125]
* eo « * * @ eo
Q. Directing your attention to a document previously
marked as DDX 168—this is numbered TU-O81 et seq, and
appears to be some kind of a study or survey of the Samoan
market—and Ill ask you to look through it. Have you seen
this document before?
A. I’m sure I have, but I don’t remember specifically,
but it looks familiar.
. * -_ > * e eo
[128]
* > * - * ° @
Q. In your August 13th letter, DDX 133, the last page,
you make the statement: “If the foregoing proposal is
acceptable in principal, it is requested that a meeting be
held”—referring to Governor Lee—‘while you are still in
the United States, for the purpose of discussing and final-
izing arrangements and possibly executing a letter agree-
ment between all interested part’ss.”
Do vou see that?
A. Yes.
[129]
Q. Did you contact Governor Lee after sending this
letter or were vou contacted by him?
A. No.
485
Q. Did you have any communications of any kind at all
with Governor Lee after you sent this letter?
A. No, I never did.
e e® e e @ @
Q. Did you ever find out why Governor Lee didn’t meet
[130]
with you?
A. No.
Q. Did Turnbull ever tell you why Governor Lee didn’t
meet with you?
A. No.
Q. Did you ever get any response to this letter from the
governor?
A. I think IT got a letter from him—no, I don’t know if
I did or not.
Q. Did vou get a response from anyone connected with
the government of American Samoa?
A. I don’t remember if I did or not. It seems like some-
thing came in.
Q. * * * You said in connection with this August 13th
letter that it seemed to you that something came in. T am
asking about your response. Do vou recall what that was?
A. No, I don’t.
Q. Was it a written document or writing of some kind, a
letter?
A. Tdon’t recall. ’
Q. Have vou looked throngh vonr files to see if you have
any response?
[131]
A. Yes.
486
. And you don’t?
A. No, not that I can remember.
* * * * * o *
[132]
* - * . i.
Q. Now, what happened after November 15, 1965? Did
you make any further proposals to Governor Lee or to
GAS for petroleum supply?
Do you have any records of it here?
We have no documents past that date from you.
If they are not in these files, I evidently did not.
Did Mr. Turnbull or anybody ever tell vou what
[133]
happened to vour proposal after this date of November
15th?
A. Of course they have.
Q. What happened?
A. Standard Oil lowered the prices and that was the
O>op
end of our deal—below what we could deliver eventually.
[134]
Q. Was the only reason that you abandoned this is that
Standard reduced the prices?
A. Because we were shot out of the saddle.
Q. Explain that.
A. We couldn’t see any future. We couldn't sell it for
as low a price as it appeared to be sold.
* . * * 7. ° *
[135]
* 2 *
a et
487
Q. If Standard was quoting 11.95, wasn’t your price
lower than Standard’s?
A. What was it before tnat?
Q. It was 13.95.
A. It appears to me like we were fighting a losing battle
because that was the first of what could have been several
reductions in price. Obviously, I’m in no position to buck
Standard Oil, and when Standard Oil .educed their price
it did take a lot of sting out of it and evidently the governor
might have had some pressure brought to bear. | don’t know.
Q. Pressure by whom?
A. Thave no idea, but obviously we weren't in a position
to come in ona thin margin and then on a brand new venture
have to maybe take another one or two price cuts.
Q. Was it vour thought that you could get a long-term
contract to supply the government power plant?
A. Yes.
Q. Ataspecifie price?
A. Yes.
Q. And so, therefore, you had that business; is that
correct?
A. We would have had that.
Q. Was that business, in your opinion, sufficient
[136]
inducement for vou to come into American Samoa?
A. Not quite.
Q. What other reasons?
A. It was the backbone. There was no doubt about that.
Q. In other words, if you got the power plant business,
there would have been sufficient inducement for you to come
into American Samoa?
a a neil aint IE i
488
A. We would want a fair shot at the rest of the business.
If we had a fair shot at the rest of the business and the
power plant, we certainly would have gone.
[138]
CROSS EXAMINATION
By Mr. Hotianper [Counsel for United States]:
Q. If you had gotten a part of the market, as you sug-
gested, do you think you could have made a profit on your
investment?
* . * * * * *
THe Wriiness: Well, let me just say this, that had I
gone ahead with the investment, I certainly would have
done it with a profit in mind, and TI do know that having just
the fuel for the generating plant was not enough to get me
too excited to go over there and make a big investment,
having to face some
[139]
awful—what could be some price cuts and a price war when
you are opening up a new business. It is not very inducive
to a newcomer.
c. DEPOSITION: JULY 24,1970: H. REX LEE
[707]
Mr. Mussman [counsel for Standard]: Would you
mark as DDX 133 a letter from one William R. MeCook
to Governor Lee, dated August 13, 1965, and identified as
TU 079.
[710]
489
Tell me what you know about Mr. McCook, the Oceanic
Petroleum Corporation, and his proposal.
A. I know virtually nothing about him.
Q. Do you know why he wrote this to you?
A. At this point I do not. I may have known it at
[711]
the time. * * *
It is my recollection that his name was mentioned in
relation to Summit. I have no knowledge of either Mr. Shaw
or of Oceanic other than what we have discussed in the
last two days on the basis of documents that you have
introduced.
Q. Do you know who Mr. McCook was?
A. No.
Q. Have you ever met Mr. McCook?
A. Idon’t recall meeting Mr. McCook. I could have. It is
very possible.
* * * * ca * *
[712}
* * 7
Do you recall following up on Mr. McCook’s letter at
all or even replying to it?
A. No, I do not, although it is entirely possible that
Mr. McCook could have come to see me in Washington
while I was there. It is entirely possible that he did. I
simply do not recall any meeting. I do not recall Mr.
McCook, but this doesn’t mean that it didn’t take place.
* * * T think I would have recalled him if he had something
that I considered very seriously and practically.
[713]
* * *
490
It is entirely possible that Mr. McCook or one of his
representatives came to Washington while I was here
and we had a brief discussion and after the discussion,
washed the proposal out.
Q. Is it possible that Mr. McCook was fronting for
Turnbull ?
A. It is entirely possible, but T have no way of knowing,
because, as I say, I do not recognize the name McCook.
* * . * * * *
[714]
* o °
Q. What I wanted to find out is whether you knew this
at the time, that perhaps because of Mr. Turnbull’s involve-
ment that you would not have proceeded with Mr. McCook.
A. If I had known at that time, I think T would have dis-
counted the possibility of this being a bona fide thing that
we wanted to follow through on.
Mr. MeCook himself may have come down to Washington,
I may have had a meeting, and because of what I told him.
he may have withdrawn any interest in it. It is entirely
possible. Other people have done that.
[715]
Q. You have no recollection one way or another of either
replying or meeting [with MeCook]?
A. No, sir.
Mr. Mvssman: Keeping all of this in date order, the
next * * * is a document bearing the designation TU 051,
491
which is a letter from Mr. Turnbull to Governor Lee, dated
November 15, 1965. I ask that it be marked as DDX 138.
[751]
. e e
Q. What was the purpose of this letter, Commissioner?
A. I don’t know. I am not quite sure what he is asking
here. He seems to imply that he has submitted an agreement
on behalf of Summit, which we discussed yesterday and
which I told you I could not recall any details on. I don’t
know what he is asking me here, unless he is saying that we
have an outstanding offer of some kind to the Government
of American Samoa.
Q. Inthe third paragraph he says:
“Our agreement with Summit is in effect.”
A. Yes, I don’t know what his agreement with Summit
is. | have no idea what his agreement with Summit was,
if he, in [fact], had an agreement.
. * * * * * * *
Q. Do you recall having any discussion with
[752]
respect to the matters discussed in this letter?
A. No, Ido not.
d. TRIAL TESTIMONY: JUNE 12-13, 1972: H. REX LEE
[317]
Q. [By Counsel for Standard] You do not recall following
up on this [Tu 46-47] at all?
A. No. 1 do not but again I do not want to foreclose the
possibility that I did.
492
Mr. Turnbull was frequently referring people to me indi-
cating that he had some kind of a deal worked out. People
wouid make inquiry of me as to what the situation was.
Frequently their interest dropped after a brief discussion
with me either by telephone or in person, and I just can’t
identify them individually. * * *
so * * * * +
[388]
* ° * * - * *
Q. * * * [D]id you not receive this proposal from Mr.
McCook * * * which is [Tu 79-80]?
A. [Tu 79-80]? Uh-huh.
Q. Mow; Mr. McCook was attracted to American Samoa
by the efforts of Mr. Turnbull, was he not?
A. I donot know.
Q. You do not know?
A. I just do not recall Mr. McCook. I see there’s a
letter which I probably signed, but I don’t—I don’t
[389]
recall the details on it.
Q. Now, did you follow up on this proposal, Governor
Lee, and have a meeting with Mr. McCook as he suggested
in the last paragraph of the letter?
A. I simply do not recall whether I had a follow-up
meeting with him or not. I may very well have. If I received
a proposal of this kind, I would probably check it out. I
may have discussed it with him on the phone. He may have
come to Washington or Pago Pago to see me, but I just—
I just do not recall it.
493
2. William R. McCook v. Standard Oii Company of California,
et. al., United States District Court, Central District of Cali-
fornia Civil No. 74 1190 HP
a. DEPOSITION: SEPTEMBER 23-24, 1975, FEBRUARY 11, 1976: WILLIAM
R. McCOOK
United States District Court
Central District of California
Wrium R. McCook,
Plaintiff,
™ No. CV 74
Sranparp Or. Company oF CALIFORNIA, 1190 HP
et al.,
Defendants.
[3]
WILLIAM R. MecCOOK,
having been duly sworn, testified as follows:
EXAMINATION
By Mr. Kuireaarp:
Q. Will you state your full name, please.
A. William Robert MeCook.
Q. Are you the plaintiff in the lawsuit entitled William
R. MeCook versus Standard Oil Company, et al.?
A. Yes.
Q. In connection with this deposition, Mr. McCook, the
Defendant Standard Oil Company of California has served
upon you and your attorneys a Second Request for Produc-
494
tion of Documents. This Second Request for Production of
Document is dated August 18, 1975, and it requested
[5]
documents in various individual categories to be brought
to the deposition room here today. * * * Do you have the
Request for Production of Documents in front of you, Mr.
McCook?
A. Yes.
* * * * * * *
Q. Have you brought documents today to the deposi-
tion which fit the categories described in this request?
A. Yes.
Q. Directing your attention to Paragraph 2, you see the
definition of “Documents” as used here includes “. . . all
documents described above in the possession or under the
control of the deponent, or of his partners, associates,
employees, agents, experts, attorneys or representatives,
whether or not prepared over the signature of the deponent
or any of the above persons.”
Do you see that definition?
A. Yes.
Q. In connection with producing your documents today
which we have numbered SDX 92 to SDX 429, have vou
produced all the documents which come within this cate-
gory described in Paragraph 2 except the documents on
which you may claim privilege?
A. Yes.
[10]
495
Mr. Patmieri: Yes, as far as we know. Since the Notice
refers to documents which may be in the control of an agent,
we, of course, obtained documents from Mr. Turnbull. We
just collected all of the documents.
* * * * o . *
[11]
-_ * >
Q. * * * In producing the documents today that have
been marked 92 to 429, have you made an effort to collect
these documents to the extent that they exist from any of
these people just described, partners, associates, and so
forth?
[12]
A. Yes.
Q. And as far as you know, are all the documents in the
possession of any of these other people here today and
marked within this set, 92 to 429?
A. As far as I know, you have all of them there.
Mr. Patmieri: I think the only possible reason for hesi-
tancy might arise from the fact that there was probably a
ease and maybe some documents went to the Justice Depart-
ment, and maybe Mr. Turnbull didn’t get those back, but if
there are documents which exist that relate to the subject
matter of this case or deposition, we certainly don’t know
about them. We made a diligent search to collect all of the
documents and they are all here as far as we know.
Mr. Kurreaarp: Q. And did you contact Mr. Lynn to
ask him if he had any documents in response to this Second
Request for Production of Documents?
A. Yes.
Q. Did he provide you with any documents?
A. He turned over all his documents earlier.
496
Q. He told you he had already turned them over to
[13]
you?
A. Yes.
Q. Did he turn them over to you or to your attorneys?
A. To the attorneys.
* * * * * 7 *
[14]
* * *
Q. * * * [D]id you make any inquiry or investigation
into your own office files or personal files to see if there were
documents responsive to the Request for Production?
A. Yes, I did.
. * * * * * *
Where were those files located that vou looked into?
In the storage file in my garage.
Is that at vour home that we just described?
Yes.
Were those documents in a four-drawer file cabinet?
Two-drawer fire file.
* * * [WJere the documents always in this storage
file or were they taken from some other file at some other
time and put into this storage file?
A. They were taken from my office, the old address in
La Mirada some time back. I don’t recall exactly, but
[15]
several vears ago.
Q. What was that address?
A. 14400 East Firestone Boulevard, La Mirada, Cali-
fornia.
OPorpored
[16]
497
When I sold my business, I moved a lot of personal files
to that storage file in the garage.
Q. When did you sell your business?
A. 1968.
Q. Were the documents that we have had produced to-
day moved from the office in about 1968 to your garage and
put in a file cabinet?
A. Thereabouts.
Q. Have these documents been in that file cabinet ever
since 19687
A. Yes.
Q. Referring to the file cabinet in your garage?
A. Yes.
* * * -_ * * =
Q. Would it have been possible for documents that came
in concerning American Samoa to be placed in another
[17]
file or files in your office at East Firestone Boulevard?
A. It would be possible if they were misfiled.
Q. Have you made any search of the files at any time
at the old address on East Firestone Boulevard to see if
there were any documents that were misfiled that related to
American Samoa?
A. When we moved within the last month, I went
through all the rest of my files and scanned through and
didn’t see anything that pertained to Samoa.
Q. When you moved in 1968?
A. No. When we moved recently from La Mirada to Lyn-
wood. That was a month ago.
. * * * *. *
[19]
* * *
498
Q. In other words, the four-drawer file cabinet at the
East Firestone Boulevard address contained all corre-
spondence, documents, written materials that did not refer
to the advertising business?
A. Correct.
[20]
Q. Would you tell us what documents you cleaned out
of the file in East Firestone Boulevard and brought to your
two-drawer file at your home.
A. All of those documents pertaining to Samoa I moved
to my home.
Q. When you cleaned out the materials of the file at
[21]
the Firestone Boulevard office in the late 1960s and moved
the materials, at least some of the materials to the file at
your garage, did vou leave the four-drawer file cabinet
behind at the East Firestone Boulevard address?
A. I did.
Q. Did you have occasion at any time after you trans-
ferred the Samoa documents from the four-drawer file at
East Firestone Boulevard to the two-drawer file at your
garage to check back into the four-drawer file at East Fire-
stone Boulevard to see if there were any documents re-
sponsive to the call of the Second Request of Production of
Documents?
A. Yes, I have.
; 499
Q.. When did you do that?
A. On several occasions.
& s @ @ @ o e
[22]
Q. Do you recall the Government suit brought against
Standard, the one referred to a few minutes ago?
A. Yes, I do.
Q. In connection with that Government suit, did you or
someone acting for you go back and look at the file at the
La Mirada office, that is, the East Firestone office to see if
there were any documents in there concerning American
Samoa?
A. Yes, I did.
Q. Did you find any documents at that time in the file
drawer?
A. None.
[23]
Q. In your four-drawer file?
A. No.
Q. After the search that you deseribed a moment ago
concerning the four-drawer file cabinet * * *, have you had
occasions to look into the four-drawer file cabinet to see if
there were documents responsive to the descriptions here
in our Second Request for Production?
A. I have.
(). When did you do that?
500
A. That would have been at about the beginning of
this suit.
Q. About 1974?
A. 1 would say during that period.
Q. At that time was the four-drawer file cabinet still
located in the office at Kast Firestone Boulevard?
A. It was,
Q. Did you find any documents in the file at that time
concerning American Samoa?
A. Again, no.
[24]
Q. In the last month or so, has Ryan Consolidated Pe-
troleum moved its office from Kast Firestone Boulevard
to Wright Road in Lynwood?
A. Yes.
Q. And in connection with that move, did you have
occasion to go through the documents in the four-drawer
file?
A. Thoroughly.
. 7. 7 * * . ~
Q. When did vou go through the file, the four-drawer
file, this last time? Was it a month ago?
A. Within a nfonth.
Q. Within the last month?
A. Yes.
Q. After the Second Request for production had been
served upon vou?
A. Yes.
501
Q. And you did not find anything in the file at that time
that was responsive?
A. Nothing else.
* * *. * . * ”
[26]
Q. Did Mr. Lynn ever go into the four-drawer file cab-
inet at the East Firestone Boulevard address, either before
you cleaned out the file and transferred the American Samoa
files to your garage or after, to the present time?
A. Never.
Q. Mr. Lynn never physically went to the four-drawer
file cabinet to make any search of the files for documents
concerning American Samoa?
A. No way.
Q. Why do you say, “No way”?
A. Well, I just wouldn’t allow it, That is all. No one gets
into my files.
Q. Was there a lock to the four-drawer file cabinet?
A. Yes.
Q. Who had the key to the four-drawer file cabinet?
A. In the secretary’s drawer.
Q. Mr. McCook, did your secretary have instructions not
to let anybody else into that file apart from yourself?
A. Not specific instructions. However, she would
[27]
never allow it.
Q. Why do you say she would “never allow it’?
A. They were my personal files; just goes without say-
ing that you don’t let any outsider, even your mother, into
your personal files.
502
Q. And we are covering now the period roughly 1960
until the date the files were moved this last month?
A. That is correct.
[28]
Q. Did Mr. Lynn ever go through the two-drawer file
cabinet in your garage to look for documents for American
Samoa?
A. Never.
Q. Did anyone acting for Mr. Lynn ever go through the
two-drawer file cabinet in your garage looking for docu-
ments for American Samoa?
A. No.
[32]
* * + * * * *
Q. *** Mr. McCook, the documents which you produced
today came from the two-drawer file cabinet that you main-
tained in your garage; is that correct?
A. That is correct.
Q. By “came,” I mean originated in those files and
maybe passed through your attorney and then came to us?
A. That is correct.
Mr. Patmrert: Except for those that we have gotten
from Mr. Turnbull.
* * * 7 7 7. 7
[33]
* *
* * * *
Q. In the Government suit, did you at any time have
any communication with Mr. Hollander or representatives
503
of the Department of Justice concerning any files that he
might have which related to American Samoa?
A. I can’t remember whether it came through Mr.
Hollander directly or through Mr. Lynn. | believe it was
through Mr. Lynn. I know I had never met Mr. Hollander
until the date 1 met vou at Mr. Lynn’s office in Newport
Beach.
Q. That was the day your deposition was taken in the
Government case?
A. Right.
Q. And had you ever talked to Mr. Hollander before
that date?
A. Imay have. Frankly, I don’t recall.
* * * * * o *
[34]
. * *
(). Did you take documents from the two-drawer file
cabinet in vour garage and send them to Mr. Lynn?
A. Yes, I did.
[35]
Q. In delivering the files to Mr. Lynn, did you make
a list of the documents that were in the files that you had
delivered to Mr. Lynn, or did you just give Mr. Lynn the
entire file relating to American Samoa?
A. I gave him the entire file.
Q. In other words, did you just physically extract the
four or five folders involving American Samoa and bring
them to Mr. Lynn?
A. Yes, I did.
504
What did Mr. Lynn tell you that he wanted?
I think it was a request very similar to this.
To this Second Request for Production?
Yes.
Did he tell you that he wanted your documents
concerning American Samoa and petroleum supply in
American Samoa?
A. Yes.
OPoPpe
[38]
Q. Were you satisfied at the time you went into your
files in the Government case you had withdrawn every-
thing involving American Samoa from those files involv-
ing the petroleum business in American Samoa and deliv-
ered that to Mr. Lynn?
A. At that time I don’t know whether I was satisfied
or not, but I delivered all that I had.
Q. From that time to the present have you found any
documents in your files that you did not deliver to Mr.
Lynn that related to the petroleum business in American
Samoa?
A. TIdon’t think so.
[39]
Q. In other words, you delivered the documents to
Mr. Lynn, he photocopied them, kept the photocopies, and
returned the copies back to you?
A. T think that is exactly the way it happened. I know
T got my documents back again.
* * * * * * .
505
Q. Did Mr. Lynn ever tell you at any time what he
did with the copies of the documents that he had?
A. No. The subject never came up.
Q. Iam going to hand you Document 92 and ask you to
take a look at that document. Do you have 92 in front of
you, Mr. McCook?
A. Yes.
Q. Document 92 is a plat or map that bears a date of
1-12-63 and which appears to have been prepared by the
Government of American Samoa, Land and Survey Divi-
sion; is that correct?
[85]
A. Yes.
Q. Apart from the preparation for your deposition,
have you seen a copy of this document at any time before
today?
A. Many times.
Q. Was this one of the documents that was in your files?
A. I don’t know if it was in my file or not, but I have
seen it before.
Q. Where did you see it before? In other words, in
whose possession?
A. It was either in Ray Turnbull’s possession or mine.
T may have had it or he may have had it. We both probably
had it at one time or another because it is a pretty impor-
tant document in what we were attempting to do.
Q. What do you mean by “a pretty important docu-
ment”?
506
A. It pretty well laid out our plans for putting in our
facilities in American Samoa.
oe _ @ o e e ca
Q. *** Mr. McCook, I am going to hand you a document
which has been marked SDX 191 and 102. 101 and 102
appear to be a list of petroleum products shipped into
Pago Pago, American Samoa during two preceding years,
and the period appears to be July 1, 1960 to June 30, 1961
and July 1, 1961 to June 30, 1962. Is that a fair description
of the document?
A. Yes.
8 * @ o * es @
Q. Have you seen either of these documents before
today?
A. Yes,Iam sure I have.
Q. When did you first see these documents?
A. That I couldn’t tell you.
* * ® * * e ¢
[91]
Q. Was it during the period that you were discussing
American Samoa with Mr. Turnbull?
A. Yes.
Q. Were these two documents here, 101 and 102, among
the documents that you had in your two-drawer file?
A. I don’t believe so. I think these must have been out
of Ray’s file, again.
-_ * *
[1
4]
Q. I would like to hand you a letter marked 137 which
is a letter dated January 28, 1964 from Ross W. Moody to
507
Raymond C. Turnbull. Do you have this letter in front of
you?
A. Yes.
[125]
Q. * * * you will see that this letter refers to a pier
or a dock for American Samoa, does it not?
A. Yes.
Q. And again is this one of the subjects you discussed
with Mr. Turnbull in connection with your plan to supply
American Samoa?
A. Yes.
[166]
Q. I would like to hand you a document marked 177
which is entitled “Tanks for petroleum, American Samoa.”
This appears to he a typewritten original of a document,
does it not?
A. Yes.
Q. Have you seen a copy of this document before yester-
day or today?
A. Probably.
. . * oe . ° .
Q. Do you recall whether you saw the document in con-
nection with discussions with Mr. Turnbull?
A. That would be where I would have seen it.
Q. This document refers to tanks for petroleum in
American Samoa. Would you have this document in con-
nection with discussions with Mr. Turnbull concerning the
construction of petroleum storage tanks?
A. Yes,
Q. Did you have discussions with Mr. Turnbull con-
cerning the cost of petroleum storage tanks in American
Samoa?
A. Yes.
Q. Was the cost of petroleum storage facilities in
American Samoa one of the factors you considered in put-
ting together your letter of August 13, 1965 to Governor
Lee?
[168]
A. Yes.
[182]
(Whereupon, at 9:00 o’clock A.M., Wednesday, Sep-
tember 24, 1975, the deposition of WILLIAM R.
McCOOK was resumed. * * *)
WILLIAM R. McCOOK
having been previously duly sworn testified further as
follows:
EXAMINATION (Resumed)
By Mr. Kuitcaarp:
[230]
sd ° * . oe . s
Q. Does Mr. Turnbull have any interest in the reeovery
that you may obtain, if any, from Standard in the present
case?
A. I certainly intend to take care of him. He has done
a lot of work as you can see. He has done a major amount
509
of legwork in both the beginning and this lawsuit. He will
be well compensated, let me put it that way, if there is a
settlement or a victory on our team.
Q. Or judgment for you?
A. Yes.
Q. In connection with Mr. Turnbull’s acting as your leg-
man in connection with the present suit, has he been acting
as your legman for the preparation for the present claim
against Standard, 1968 or 1969 to date?
A. Whenever that happened, yes.
[231]
Q. Were you aware at any time in 1968 or 1969 that
Mr. Turnbull had been talking to representatives of the
Department of Justice regarding Samoa?
A. Yes.
Q. And he had given documents to the Department?
A. Yes.
Q. Was he acting again on your behalf about a pos-
sible claim against Standard?
A. Yes.
[232]
o > * > * eo eo
Q. In the period before Standard Oil was handed a
judgment, Mr. Turnbull contacted, apparently, Mr. Win-
ton and Mr. Lynn concerning a possible claim against
Standard, do
[233]
you recall that?
A. Yes.
Q. Was he acting on your behalf in that connection?
A. Yes, he was.
[239]
* * o e s * e
Q. I would like to hand you now, Mr. McCook, a two-
page document numbered 216 and 217 which is a letter
dated April 7, 1965 from Turnbull to Governor Lee. Have
you seen a copy of this at any time before two days ago?
A: Quite possibly I have.
[240]
Q. Do you recall when the first time was you saw this
document?
A. No, but I would imagine the early part of 1965.
> -_ ° * > . .
[241]
s & os o * 6 od
Q. Was Document No. 216, 217 among the documents
in your two-drawer file cabinet in your garage?
A. It is possible it was. I am not certain.
o -_ e@ eo e eo o
[245]
Q. I would like to hand you now, Mr. McCook, a copy
of a letter dated June 15, 1965 which is a letter from
Mr. Turnbull to Mr. Shaw. Do you have this letter in
front of you?
A. Yes.
Q. Have you seen a copy of this document before?
A. Yes.
Q. When was the first time you saw this document?
A. Back in 1965.
Q. Who showed you this document for the first time?
[246]
511
A. Mr. Turnbull.
@ o @ > e oe e
[251]
e eo o oe — 7 e
Q. Iam going to hand you now, Mr. McCook, a Docu-
ment No. 227 which is a tissue paper letter signed by
Mr. J. T. Shaw dated June 25, 1965, Shaw to Turnbull.
Do you have this letter in front of you?
A. Yes.
Q). Ilave you seen a copy of Document 227 before
today?
A. Yes.
Q. When was the first time you saw this document?
[252]
A. Most likely around the end of June 1965.
Q. Who showed you the document for the first time?
A. Ray Turnbull.
[257]
Q. Let me hand you a Document No. 230, a letter dated
August 4, 1965 from J. T. Shaw to you. Do you have this
letter in front of you?
A. Yes.
* _ * > * * o
Q. Have vou seen a copy of this letter or have you seen
this letter before today?
A. Yes.
Q. When did you first see this letter?
A. Probably right after, a few days after August 4
when it was mailed to me.
[264]
Q. And was this Document 230, 231 one of the documents
that you delivered to Mr. Lynn?
A. Undoubtedly I did.
@ @ -_ @ e@ e 6
[271]
@ @ ® @ e eo ®@
Q. Was there a consideration given by you or by Mr.
Turnbull or by anyone, to your knowledge, to supplying
American Samoa out of Colon, Panama in connection with
your venture?
A. There may have been a consideration at one time.
We looked for several sources.
Q. Do you recall that Colon, Panama was one of the
sources you looked for?
A. I recall the name but no details about it.
[314]
Q. I would like to ask you again, Mr. McCook, to
take a look at Document No. 237 and 238. Do you have that
in front of you?
A. Yes.
Q. This is the draft, right, of your proposal [dated
August 13, 1965]?
A. Yes.
Q. Was this one of the documents that was in your
two-drawer file cabinet?
A. It eould have been; probably was.
Q. Was it one of the documents vou delivered to Mr.
Lynn?
A. Probably. If it was in my file, T delivered it to him.
513
Q. If the draft was not in your file, would the only
other place that it would have been be the file of Mr.
Turnbull?
A. Yes.
[315]
Q. Directing your attention to 239, 240, I will ask
if this is a copy of a document that was in your two-drawer
file in your garage?
A. Yes.
Q. Was that a copy of a document you delivered to
Mr. Lynn?
A. Yes.
[321]
. I would like to hand you now, Mr. MeCook, a yellow
piece of paper marked Document 246 and dated October
5, 1965. Do vou have this document in front of you?
A. Yes.
e * * * @ e @
Q. And this was a letter dated October 5, 1965 from
you to Governor Lee; correct?
A. Yes.
Q. And dictated by you?
A. Yes.
[322]
Q. In the next sentence you state, “I just wanted to
drop you a note to let you know that I have the balance
of the information we discussed on the telephone, covering
our supplier’s financial strength.”
Do you see that?
|
514
A. Yes.
Q. Does this refresh your recollection that you had
a conversation with Governor Lee sometime after the
August 13, 1965 letter?
A. It certainly does. I don’t remember it, though. That
is frightening. I am not used to talking to Governors and
not remembering it.
Q. Does it help you when you refer to “the balance
of the information we discussed on the telephone”?
A. I remember the information, the financial state-
ments that I sent along.
. © 2 7 7 os *
[323]
Q. Was Governor Lee making any inquiry regarding
the financial strength of Mr. Shaw and his enterprises?
A. Evidently, he was.
Q. And what was the “balance of the information” that
you referred to here in your letter?
A. It must have been his financial statement.
Q. We didn’t find any documents in the documents
produced * * * in connection with this Second Request for
Production of Documents where there is a transmittal of
information to Governor Lee concerning the financial
strength.
A. This must have been it. However, I don’t see an
enclosure on the copy of the letter. No, I didn’t enclose
it; that is right.
* * * * * * *
Q. Did you send information on your supplier’s finan-
cial strength to Governor Lee at a later date, do you
[324]
recall?
515
A. Idon’t recall.
* * + ° = < .
[335]
Q. Was Document No. 246 among the documents in your
two-drawer file cabinet in your garage?
A. Yes.
Q. Was it one of the documents you delivered to Mr.
Lynn?
A. Yes.
Q. I would like to direct your attention now, Mr. Mc-
Cook, to Document No. 247 which is a letter dated November
16, 1965 from the Governor of American Samoa, H. Rex
Lee, to you. Do you have this document in front of you?
A. Yes.
Q. Document No. 247 is a signed original, is it not?
A. Yes.
Q. When did you first see this document?
A. As soon as I received it in the mail, probably around
November 20th.
Q. 19651
A. Yes.
Q. Do you see in the upper left-hand corner “Tell Ray
and file’’?
A. Yes.
Q. Is that your handwriting?
A. Yes.
Q. Did you in fact tell Mr. Turnbull about this letter
from Governor Lee?
OO OOO OOOO ev
516
[347]
A. LamsureI did.
* * * o * -_ .
[349]
© * e * * * *
Q. Mr. McCook, was Document No. 247 among the docu-
ments in your two-drawer file cabinet?
A. Yes.
Q. Was it a document that you delivered to Mr. Lynn?
A. Yes.
A. * * * I may not have delivered this to Mr. Lynn.
Q. Do you know why you didn’t deliver it to Mr. Lynn?
A. I don’t think I found it until after the Federal case.
Q. Until after the Federal case began?
A. Yes.
Q. When did you find this document?
A. I am not sure, but I don’t believe—I am sure it
would have been used as an exhibit if it were.
Q. ** * Is it your recollection that the document was in
the two-drawer file cabinet in your garage?
A. I think it could have been one of the misfiled ones.
Q. Did you find this document in a four-drawer file
eabinet that you had in your old office?
A. Yes, I did.
When did you find it in the four-drawer file cabinet?
[350]
Within this last year?
Q
A. Several months ago.
Q
A. Within a year or two, yes.
Q. After your deposition was taken in the Government
case, did anyone go back ard look in your four-drawer file
517
cabinet to find out if you had any documents in there con-
cerning American Samoa?
A. Yes. I did.
A year after?
Yes, probably a year after.
In other words, it was a year after your deposition?
I would just guess in that period of time.
[351]
Q. And then did you find this document in your file
cabinet at that time?
A. I believe so.
Q. What did you do when you found the document in
your file cabinet? Did you send it to somebody?
A. Yes. I gave it to Kindel & Anderson.
rope
Mr. Kuireaarp: Q. You found it at the East Firestone
Boulevard address before you changed offices?
A. I think so. I am not positive on that, where I found
it. I think it was in that four-drawer file.
Q. In any event in the time sequence you found it in
the four-drawer file cabinet, it was at least a vear, or about
a year, after your deposition?
A. Approximately, yes.
Q. Do you recall your deposition was taken in March
of 1971 in the Government case?
A. Maybe two vears after, even.
Q. You found it two years after?
A. It could have been.
ee
Q. What was the occasion for the search that turned up
this document in your file cabinet?
A. Just in gathering more evidence for our case.
eo * eo . > s .
[369]
Q. Have you seen Document No. 276 through 296 before?
A. Yes.
Q. This appears to be a complete set, does it not, of the
Partial Survey?
A. Yes.
Q. On Page 276 there is some handwritten notations.
Do you see that?
‘A. Yes.
Q. Have you seen this handwriting before?
A. Many times. It is mine.
Q. All tav handwriting on 276?
A. Yes.
[370]
. oe s . e a a
Q. I would like to ask you to direct your attention to
the first page, 276, which has the reference to Governor
Lee, area code 212 and then there appears to be a
[371]
telephone number. Do you recall how you came to put that
handwriting on the document?
A. Evidently, it was his phone number when he was in
New York. That is a New York area code.
Q. Do you recall making a telephone call to Governor
Lee at that number?
{
519
A. I vaguely recall it. I have no idea what the conver-
sation was. I would have to do a little concentrating.
oe . @ eo @ eo °
[385]
Q. Was Document No. 276 through 296 among the docu-
ments that you had in your two-drawer or four-drawer file?
A. Yes.
Q. Was it among the documents you delivered to Mr.
Lynn?
A. Yes.
[387]
Q. low many documents did you discover in your
|four-drawer] file cabinet when you made your later
search?
A. Two or three.
Q. Single-page documents?
A. I don’t recall what they were. They were just some
information that [ thought may have been pertinent to this
case.
ee 8 @8@ &@© @ @
[388]
Q. If anyone had made a thorough search of the four-
drawer cabinet, would they have discovered these docnu-
ments in the “Miscellaneous File,” the ones you discovered
a couple of years ago?
A. Yes.
520
Q. I would like to hand you now, Mr. McCook, a copy
of a document numbered 320, 321, and 322. Do you have
these
[391]
documents in front of you, Mr. MeCook?
A. Yes, I do.
Is the handwriting on 321 your handwriting?
The penciled writing is mine.
That would be the penciled writing at the bottom?
Yes.
PoP
[392]
e * * * eo eo e
When did you first see Document 321, Mr. McCook?
I am not sure when I did see that.
Who prepared Document 321?
I would assume Ray Turnbull.
Would anybody else have prepared it?
Not that I know of.
Was 321 prepared before vour August 13, 1965 letter
to Governor Lee?
A. Iwould imagine so. It reads like it was.
Q. Why do you say that?
A. Because it is a pretty preliminary-type thing. That’s
the way it looks to me.
Q. You mean the matters referred to on Page 321 are
of a preliminary nature concerning American Samoa Ter-
OPorpore
minal?
A. Yes.
[393]
Q. Directing your attention to 321 which is the type-
written original, was this one of the documents in your two-
or four-drawer files?
A. I would imagine it was.
Q. Was this one of the documents you delivered to Mr.
Lynn?
A. Yes.
[394]
* o * e eo e @
Q. And do you remember in the letter from Mr. Turnbull
to Mr. Shaw of August 25th [1965] there was a reference
to the fish companies being ready and waiting for Governor
Lee?
A. Yes.
Q. Now, does that refresh your recollection as to when
Document 321 was prepared?
A. No, it doesn’t. It must have been around that time,
however.
* * * * — * o
[415]
Q. ** * [DJo you recall earlier that you said you went
[416]
through your miscellaneous file in the four-drawer file
cabinet and found some additional documents which might
be helpful in connection with vour present suit?
A. Yes.
7 * * ° 7 eo *
Q. Do you recall that one of those documents might have
been the letter of November 15th from Governor Lee to you
or November 16th, do you reeall that?
ee
522
A. Yes.
@ e eo @ o e e
Q. Will you look back at Document 246 which is your
October 5th letter to Governor Lee. Do you have that in
front of you?
A. Yes.
Q. Was this one of the letters that you discovered in
your later file search of your four-drawer cabinet?
A. This particular document?
Q. Yes.
A. No.
[424]
Q. But between the time of October 29, 1969 and the
date of your deposition in the Government case, which was
March 1971, did Mr. Turnbull tell you that he had provided
documents to the Department of Justice?
A. I ean’t be sure if he told me that or not.
Q. Were you aware of that, TU 1 through 100?
A. We certainly did all we could to help them. I will
have to admit that.
Q. Documents TU 1 through 100 were provided to the
Department of Justice; isn’t that correct?
A. By Mr. Turnbull and myself.
Q. Did you provide them direct]y yourself to the De-
partment of Justice?
A. No.
Q. Did you bring some of these documents to Mr. Lynn
and provide them indirectly?
A. That could have been. I provided my documents to
Mr. Lynn, my attorney.
523
Q. Was it your understanding that these documents
were going to be provided to the Department of Justice
at that time along with whatever other purpose Mr. Lynn
might
[425]
have for them?
A. Whether they were actually being provided, given
to him, I don’t recall exactly, but I know they were for
their examination and use, if need be.
Q. By “their,” you mean the Department of Justice?
A. Yes.
[February 11, 1976] [448]
WILLIAM R. MeCOOK,
having been previously duly sworn, testified further as
follows:
EXAMINATION (Resumed)
By Mr. KuirGaarp:
Q. This is a continuation of your prior deposition, Mr.
McCook, on the subject of the production of documents in
the present case.
You recall that you are under oath?
A. I do.
[513
Q. I would like to hand oo, 1243-1297, which
is a copy of the post-trial brief for the United States in the
Government case, and which was produced by Mr. Turn-
bull. Do you have that in front of you?
A. Yes.
[514]
ee ee
526
Mr. Kurreaarp: Q. Mr. McCook, do you have page
[SDX] 907 in front of you?
A. Uh-huh.
Q. Do you see the question here beginning at page 13
([SDX 907], referring to paragraph 1 of the subpoena? Do
you see that, line 13, page 907?
A. Yes.
[574]
Q. Then the next question:
“Q. And you have retained none of those docu-
ments that fit that description at this time?
“A. To my knowledge, I have given him my file,
unless there might be a few miscellaneous things that
may be filed elsewhere.
“Q. Have you taken a look in the files to see if there
are documents?
“A. No.
“Q. Where are those files?
“A. It would be miscellaneous correspondence files.
They would be in my office.”
[575]
Do vou see that?
A. Yes,
Mr. Kurrcaarp: Then Mr. Lynn comes in and makes
his statement about looking in the files. As Mr, Lynn
states:
“I think it is fair to state that I made more than
a cursory examination of Mr. MeCook’s files recently,
that is, within the last ten days, and I could find noth-
ine in addition to that which had already been deliv-
ered here.
“Vir. Kuircaarp: You are referring to the files at
his office?
527
“Mr. Lynn: I| am referring to the single four-
drawer file which is in his office and contains a myriad
of subfiles, and I went through each one individually.”
Do you see that?
A. Yes.
Q. Now—
* * o ° * * *
That is where the missing documents were?
A. Yes, they were under the miscellaneous correspond-
ence files.
(. And if he looked in those files, he would have found
them?
A. That’s correct.
[576]
(). Directing your attention, now, Mr. MeCook—
Tue Witness: * * * [W]e got to the point it would have
been in miscellaneous correspondence in my office, and
then evidently Lynn started talking and said what he had
done and gone through all my files. So that is impossible.
Mr. Kurrcaarp: Q. Because if he had gone through
them, he would have found the missing documents?
A. That’s correct.
oo * _ _ & >. ©
[583]
* * * * * * o
(). Did Mr. Lynn ever discuss with you the content of
Document 951-955?
A. Quite probably he did, but I didn’t see the original.
Q. When you say “Quite possibly,” are you saying that
you have some recollection of him having discussed the
content with you?
528
A. Well, I have a recollection of Mr. Lynn
[584]
questioning me continuously if I had any other documents,
which I searched and researched and researched and never
came up with any.
(). ‘These would be any other documents than the ones
you turned over to Mr, Lynn in the beginning?
A. That’s right, with the exception of those two when
I was cleaning out my miscellaneous file.
(). When vou say “two” that you were cleaning out
vour miscellaneous file, are you referring to Document 247?
A. Yes.
(). And are vou referring to Document 320?
A. Yes.
Mr. Pauaiert: What's 320?
Tur Witness: 246.
Mr. Kurreaarp: Q. In your prior testimony, Mr. Me-
Cook, you stated that Document 246 was not ainong the
new documents vou discovered in the four-drawer file, I
will go back to vour deposition in September and read
vou vour testimony concerning Document 246,
2k . . * ° od *
A. Those are the two I found,
(). Let me go back and read your testimony so you can
be sure of what vou are testifying to now. I would like to
direct vour attention to page 416 of vour deposition on
September 24, 1975 at line 15 to line 23, Line 15:
[585]
“(). Will you look back at Document 246, which is
your October 5 letter to Governor Lee? Do you have
that in front of you?
“A. Yes,
“(). Was this one of the letters you discovered in
your later search of your four-drawer cabinet?
529
“A. This particular document?
“Q. Yes.
“A. No.”
Tue Witness: No, that’s not right.
Mr. Kurreaarp: Do you wish to change your testimony
now, Mr. McCook?
Mr. Patmizrn:: Assuming that that is his testimony. He
is saying that that wasn’t his testimony.
THe Witness: I found two documents. That is one of
them.
Mr. Kuireaarp: Q. What is “that”?
A. 246 and 247 were the only two I found.
Q. Is it your testimony now, sir, at the present time,
that you found Document 246 in your four-drawer file
cabinet?
A. Under miscellaneous correspondence.
Q. And—
A. That’s correct.
oe * 2 * e @ @
[587]
Tue Wirness: I recall I was shocked, and elated or—
not—when I found these two.
[588]
Mr. Kurrcaarp: Q. Why were you shocked, Mr. Me-
Cook?
A. That they turned up in an odd spot, and there they
were after all this search for files,
Q. Didn’t they turn up in a file that Mr. Lynn said he
had looked through?
A. Well, Mr. Lynn is wrong. He did not go through
my miscellaneous correspondence file.
528
A. Well, I have a recollection of Mr. Lynn
| [584]
questioning me continuously if I had any other documents,
which I searched and researched and researched and never
came up with any.
Q. These would be any other documents than the ones
you turned over to Mr, Lynn in the beginning?
A. That's right, with the exception of those two when
I was cleaning out my miscellaneous file.
(). When vou sav “two” that you were cleaning out
vour miscellaneous file, are you referring to Document 247?
A. Yes.
(). And are you referring to Document 320?
A. Yes.
Mr. Pauaiert: What’s 320?
Tue Witness: 246.
Mr. Kurrcaarp: Q. In your prior testimony, Mr. Me-
Cook, you stated that Document 246 was not among the
new documents vou discovered in the four-drawer file. I
will ge back to vour deposition in September and read
vou vour testimony concerning Document 246.
og * * - * . *
A. Those are the two I found.
(). Let me go back and read yvour’testimony so you ean
be sure of what vou are testifying to now. IT would like to
direct vour attention to page 416 of vour deposition on
September 24, 1975 at line 15 to line 23, Line 15:
[585]
“(. Will you look back at Document 246, which is
your October 5 letter to Governor Lee? Do you have
that in front of you?
“A. Yes.
“(). Was this one of the letters you discovered in
your later search of your four-drawer cabinet?
529
“A. This particular document?
“Q. Yes.
“2 ox”
Tue Witness: No, that’s not right.
Mr. Kurreaarp: Do you wish to change your testimony
now, Mr. McCook?
Mr. Patmiernt: Assuming that that is his testimony. He
is saying that that wasn’t his testimony.
Tue Witness: I found two documents. That is one of
them.
Mr. Kuircaarp: Q. What is “that”?
A. 246 and 247 were the only two I found.
Q. Is it your testimony now, sir, at the present time,
that you founc Document 246 in your four-drawer file
cabinet?
A. Under miscelianeous correspondence.
Q. And—
A. That’s correct.
. * 7 * - * *
{587}
* * 7 * * o *
Tue Wrrness: I recall I was shocked, and elated or—
not—when I found these two.
[588]
Mr. Kurrcaarp: Q. Why were you shocked, Mr. Me-
Cook?
A. That they turned up in an odd spot, and there they.
were after all this search for files,
Q. Didn’t they turn up in a file that Mr. Lynn said he
had looked through?
A. Well, Mr. Lynn is wrong. He did not go through
my miscellaneous correspondence file.
v30
[592]
[601]
Q. Was Document 321 among the documents that you
discovered in your four-drawer file cabinet along with 247?
A. No.
* * - . * ” -
Q. | would like to show you now Document 276-296. Do
you have that document in front of you?
[602]
Q. Was 276-296 one of the documents you found in the
miscellaneous file in your four-drawer file cabinet along
with 247?
A. No.
* * 7 - * * .
b. DEPOSITION: SEPTEMBER 25, OCTOBER 14, 1975: RICHARD B. LYNN
i. Septeraber 25, 1975
In the United States District Court
Central District of California
(Title omitted in printing)
[3]
RICHARD B. LYNN,
called as a witness by the Defendant Standard Oil, and
having been duly sworn by the Notary Public, was exam-
ined and testified as follows:
—
. 531
EXAMINATION
By Mr. Kurreaarv: Q. Will you state your full name,
please?
A. Richard Bertrand * * * Lynn.
Q. What is your business address, sir?
A. 4340 Campus Drive, Suite 203, Newport Beach, Cal-
ifornia 92660.
* * * - * - @
Q. What is vour occupation?
A. I am an attorney.
Q. In the period 1968 to date, have you represented
Mr. McCook at any time in connection with the suit that
was brought against Standard Oil Company of California
by the
[7]
United States of America through the Department of
Justice involving petroleum supply in American Samoa?
A. T represented Mr, MeCook insofar as his inquiry
with respect to the possible validity of a private civil
action against Standard Oil is concerned.
Q. What did you do in connection with that inquiry?
A. I undertook the responsibility for the making of
an assessment with respect to the possible claim of Mr.
McCook.
Q. *** [Yjou stated
eee
532
[9]
that you referred to or associated with counsel in San Diego
to consult with you on a possible claim by Mr. McCook
against Standard Oil?
A. That’s correct.
Q. What was the name of the firm?
A. The firm at that time was Sullivan, Marinos, Augus-
tine & Delafield.
A. The transmittal letter indicating that I am return-
ing herewith all of your documents?
Q. Right.
A. Not to my knowledge.
[79]
* = *
(). Did you make copies of this initial set of documents
from Mr. Turnbull and sent copies of those documents to
Mr. Sullivan or to the Lyle Jones or Sullivan firm in San
Diego?
A. I sent either the originals or copies made by my-
self, one or the other, I am sure.
(). If you sent the original to the Lyle Jones
[80]
firm in San Diego, did you retain a copy of that document
in your files?
A. Correct.
(). Then did the Lyle Jones firm in San Diego return
any of those documents to vou at any time?
A. Sometime in May of ’71 they returned, to the best
of my knowledge, everything that I had sent them.
(). Were those documents transmitted to vou along with
their May opinion letter?
A. Either at or within a day or two, one way or the
other.
533
Q. When those documents came back from the Jones
firm in San Diego in May, 1971, what did you do with the
documents?
A. Tretained them in my office.
Q. Then were these documents among the documents,
that is the documents you got back from Lyle Jones, among
the documents that you transmitted to Mr. Turnbull on
February the 2nd, 1972?
A. Yes.
*_ * * *£ * *
[94]
**. * © *#© & ©
Q. In the period June, 1970 through August, 1970 on
you received some documents, did vou not, from Mr.
McCook?
A. Correct.
Q. Those were documents that Mr. MeCook delivered
to you in response to your request for documents concern-
ing petroleum supply in American Samoa from his files?
A. Correct.
Q. How thick were the documents that you received
from Mr. McCook in this period?
A. T would say they were modest, maybe a quarter of
an inch to a half an inch.
Q. Coming to the end of August, 1970, in the period
June, 1970 through August, 1970, did you send anv of the
MeCook or Turnbull documents to the Sullivan firm?
[95]
A. Yes.
Q. By that we are referring to your letter of August
96, 1970 in which vou sent the one document?
TO
534
A. No, a substantial number of documents had been
sent long before that request for additional information
came from Mr. Jones or Mr. Sullivan.
Q. In sending the documents to the Sullivan firm, did
you send documents that came from the set that you got
the first day at Mr. McCook’s office?
A. Some of them.
Q. Did you send documents that you got from Mr.
Turnbull in his first turnover of documents?
A. IamsureI did.
Q. Then did the Sullivan office return all of those docu-
ments to you with the May, 1971 opinion letters?
A. Yes.
[96]
Q. Apart from that request to Mr. Turnbull and
[97]
Mr. McCook for documents in the period from August, 1970
to [October] 1, 1970—that is until the date of Mr. Turnbull’s
deposition in the Government case—did you collect any
further documents from Mr. Turnbull or Mr. McCook?
A. I don’t recall either requests for receipt of further
documents during that period of time.
Q. Do you recall attending the Turnbull deposition on
October 1?
A. Yes.
Q. After the Turnbull deposition, did you request Mr.
Turnbull to provide any documents to you concerning
petroleum supply in American Samoa?
535
A. I don’t recall any other requests to trace or seek
out on the basis of, you know, “Have you looked as far as
you can look,” or, “Are you sure you have given me every-
thing,” or, “We are looking for this letter specifically.” I
don’t recall that kind of an inquiry of Mr. Turnbull or
Mr. MeCook.
[132]
Q. Later on [in April, 1971], you did report to Mr.
“Mussman that you had conducted a search of the McCook
files specifically for any documents that related to the
supply of petroleum products in American Samoa. Do you
remember that?
A. Yes.
Q. In making that representation to Mr. Mussman, be-
fore you made that representation did you go back and
make another search of Mr. MeCook’s file or are you rely-
ing just upon the search you made on this occasion in
October through December?
A. I made only one search of Mr. McCook’s files.
Q. In going through Mr. MeCook’s files on this
[133]
one occasion in his office, the La Mirada Boulevard office,
did you find any documents in those files in addition to
documents that you had already collected from Mr. MeCook
or Mr. Turnbull?
A. No, I did not.
536
Q. What about the five or six or whatever number of
documents that you found in Mr. McCook’s files; do you
recall what they were?
A. To the best of my recollection, they were
[137]
copies of Mr. Turnbull’s—some of Mr. Turnbull’s corres-
pondence directed to other persons and/or copies of certain
of Mr. MeCook’s correspondence. * * *
. * . eo es * °
[140]
* * . * * * *
Q. Did Mr. Turnbull tell you that he had turned over
documents to the Department of Justice at any time?
A. Yes.
Q. When did he tell you that?
A. At the first meeting that we held in La Mirada in
early June, 1970.
o * * 7 * . a
Q. ** * Mr. Turnbull turned over documents to you in
the period June, 1970 through August 19,
[141]
1970. Did [Turnbull] tell you that these were the same
documents that he had turned over to the Department of
Justice?
A. I think his statement was probably that the Justice
Department had photocopied either all or substantially all
of his file and I honestly don’t know whether that event
occurred in Los Angeles or in Washington, D.C. or San
Francisco or what.
* = = _ eo — oe
[142]
[Q.] * * * I just wanted to be
4
i
:
;
537
[143]
sure that when Mr. Turnbull turned over the documents to
you in the period June, 1970 through August 19, 1970, that
he told you or informed you that this was the same file that
he turned over to the Department of Justice earlier.
A. Iam sure that he made that representation.
* * e * * * *
[149}
By Mr. Kuitcaarp: Q. In connection with the Turnbull
deposition, Mr. Lynn, * * * do you see your transcript here
of the testimony of your statement at the Turnbull deposi-
tion in October, 1970?
A. Yes.
Q. Do you see the statement that you made that you
went through the files of Mr. Turnbull?
A. Yes.
Q. Did you physically go through the files of
[150]
Mr. Turnbull to select out documents relating to American
Samoa and petroleum supply in American Samoa?
A. Yes.
o o e @ ~ 7 e
Q. * * * (Wjhat I am trying to draw a distinction be-
tween, had you gone through Mr. Turnbull’s files yourself
in the same manner that you made a search of Mr. MceCook’s
files or did you simply receive from Mr. Turnbull documents
that he extracted from the files?
A. T’m correct that no, I never physically went through
the steel file cabinets in Mr. Turnbull’s office. No, I did not.
Q. In other words, all that you received from Mr. Turn-
bull were documents that he delivered to you?
A. That he indicated to me were the totality of
538
[151]
his papers.
Q. You will see in Mr. Mussman’s letter, which is 555
to 557, a reference to a request for search of the files of Mr.
Turnbull, correct, in the first paragraph?
Q. “You said that you would personally make the search
for me and would furnish me with copies of all documents
meeting this description”?
A. Yes.
Q. Well, did you in fact after receiving this November
9, 1970 letter at-any time thereafter [to] the present time
make a search of Mr. Turnbull’s files, physical search of
Mr. Turnbull's files for any documents?
A. Not before or after.
Q. After receiving this November 9, 1970 letter, did you
ask Mr. Turnbull if he had any documents in his files
[152]
in addition to ones he had already produced?
A. I did.
Q. What did he tell you?
A. That he had nothing further.
* * * * * * *
[159]
Q. In the first sentence of this document [SDX] 425
you refer to a search during the week of April 17, 1971.
A. Mr. Klitgaard, it says here, “Please be advised
Messrs. Turnbull and MeCook files examined week ending
4-17-71.”
Q. What did you mean by examined?
et Oe ee
539
[160]
A. Meant that the files in my office were again examined
in response to Mr. Mussman’s request to me about my own
independent judgment respecting relevancy. I did not phys-
ically leave my office prior to writing this wire in response
to Mr. Mussman’s inquiry regarding the question of rele-
vancy.
» ” . . * * -
[161]
Q. In responding to Mr. Mussman’s request [April,
1971], did you go back and look at the files of documents
that you collected from Mr. MeCook and Mr. Turnbull over
this period since June, 1970 and determine if there were
any additional documents in those files that related to
petroleum supply in American Samoa, other than docu-
ments TU 1 through TU 100?
A. TI am sorry, Mr. Klitgaard. I really—I am not sure
whether I can answer that yes or no. Would you ask the
court reporter to read it hack?
(Reeord read.)
* * * * 7 * *
Mr. Patient: Are you talking in April?
By Mr. Kuireaarp: Q. Yes, April 1971.
A. Yes, I did re-examine the file with that thought in
mind.
Q. Did you discover any additional documents in the
file at that time in addition to documents which were TU 1
through TU 100 and in addition to the couple of documents
that were marked at Mr. Turnbull’s deposition in October,
1970, which related to petroleum supply in American
Samoa?
Mr. Patmier:: Do you mean the files that he had?
540
Mr. Kurreaarp: Referring to Mr. Lynn’s files first.
[162]
THe Wirness: My response to Mr. Mussman, which is
Number 425, speaks to that and it states merely that he
has my assurance there are no further documents.
Q. In connection with sending document Number 425,
[163]
did you go back to the office of Mr. MeCook and look back
down through the files in his office?
A. I just stated to you that I did not,
Q. Did you look at any files in Mr. McCook’s garage
to see if he, McCook, had any documents in addition to those
mentioned ?
A. No.
Q. Did you look at any files in Mr. Turnbull’s office to
see if he had any documents in addition to TU 1 to 100 and
in addition to the two documents or three documents pro-
duced at his deposition in October?
A. No.
Q. * * * I have a letter dated January 13, 1971, Mr.
Lynn.
* o a o e * J
Do you have that in front of you?
A. I have it.
* * o oe e e *
“ [164]
Q. In writing this letter, was it your intention to include
the McCook file within the Turnbull file?
oot ee
en ee ee ee
A. I think yes.
ii, October 14, 1975
Q. Just so there is no misunderstanding, Mr.
[45]
MeCook testified at his deposition that he delivered some
documents to you at about this time in August, 1970, or
sometime in the fall of 1970, which you eopied. Do you
recall that incident? %
A. No, I don’t. I honestly don’t know what reason I
would have to copy papers, because my function was not to
make an analysis of it, but merely to try to place papers,
you know, in the hands of the attorney who was charged
with the responsibility of making the analysis,
* * * so & e ®
[47]
* * -_
Q. Let me ask you a more general question. At any time,
sir, did you ask Mr. William R. McCook to turn over
[48]
to you documents that he had in his files concerning petro-
leum supply in American Samoa?
A. Yes.
Q. When did you ask him that?
A. Probably within an hour before I sent Mr. Mussman
that wire.
Q. This was the wire of April 24, 1970?
A. Right, when I wanted to be on fairly good ground
before I sent a wire saying that, as far as my client had
represented to me, that he, Mr. Mussman, or Mr. Jones or
Mr. Hollander had everything.
Q. in connection with telegram 425, did you ask Mr.
McCook before sending this telegram to Mr. Mussman if
he, Mr. McCook, had any documents in his files concerning
petroleum supply in American Samoa which were in addi-
tion to or different than documents TU-1 to 100?
A. Iam sure I didn’t reference them by number. I am
almost positive that before sending this wire, I examined
the MeCook and Turnbull files, as I stated, in my office, and
that I went a step further and called.
Q. Called whom?
A. Mr. MeCook, you are referencing now. Additionally,
I am sure | called Mr. Turnbull and said, “I want to give
Mr. Mussman assurances that there is no more documents
fleeting around. Can you give me that assurance?”
[51]
Q. No more documents than that in TU-1 to 100?
A. No, I just said documents categorically. I am sure
no more papers were referenced to the distribution of oil
in American Samoa to which Mr. MeCook and Mr. Turnbull
said, “Not as far as I know,” which then prompted the send-
ing of this telegram.
7 * * o * * *
[58]
eo
Q. Did you ask Mr. McCook specifically at any time be-
tween the Turnbull deposition on October 1, 1970, and the
date of this January 138, 1971, letter if Mr. MeCook had
[59]
any documents in addition to those marked TU-1 through
TU-100?
ee a ee ee we een ee ee
ate LR ae altel es neat ela OID Maen 2 wb om >
ee
543
A. Yes, I did.
Q. What did Mr. McCook tell you?
A. He said, “Why don’t you go look for yourself?”
Q. You went and looked for yourself in the files?
A. That’s correct.
[80]
* * * * * . *
Q. Did you make a list at any time of the documents
that you received back from the Sullivan firm in San Diego,
up until the date of Mr. McCook’s deposition in March,
1971?
A. Other than correspondence from Mr. Jones and other
than TU-01 through 100, it is not my present recollection
that I had at the time received anything from San Diego.
[106]
Q. Was your inquiry to Mr. MeCook, Mr. Turnbull and
Mr. Jones or to the Sullivan firm [in April, 1971] addressed
to whether there were documents in addition to TU-1 to
100?
A. It was—I am sure that by that time, probably all
references were to this bundle of 1 through 100.
Q. So, is it your testimony that your inquiry to McCook,
to Turnbull and to the Sullivan firm was addressed to
documents in addition to TU-1 through 100?
A. Yes.
Q. Your answer was that they didn’t have any; is that
correct?
A. Yes.
544
[113]
Q. I'd like to hand you now documents number 945 and
946.
A. I have 945 and 946 [copies of letter or telegram
dated 4-16-71].
[114]
Q. Do you see the * * * statement that, “Lynn also ad-
vises that Turnbull turned over his entire file to you from
which you extracted documents numbered TU-1 to TU-
100”?
A. Right, the same statement that Mr. Turnbull had
previously made. Sure.
Q. Had Turnbull made that statement to you?
A. He had made it in my presence at his deposition.
Q. I don’t recall whether that was on the record or off
the record or not, but do you recall this particular
[115]
statement being made by Mr. Turnbull?
A. You know, I was aware * * * that long before my
awareness of the transaction that Mr. Turnbull had, in fact,
been contacted by the Department of Justice and had given
th m certain documents.
Q. Well, this savs Turnbull turned over his entire file.
A. T think that is a statement that Turnbull had made
to me. That’s correct.
7 * 7 * o * o
[118]
ee
le elt oo
Oe ements Legieeinn mae
545
Q. Did you have any communication with Mr. Hollander
concerning this particular letter [dated April 19, 1971],
which is marked 951 to 955?
A. Iam reasonabiy sure I talked to Mr. Hollander be-
tween the 19th and the date of sending that telegram.
Q. Which was April 23rd?
A. Right.
Q. Did you talk to Mr. Hollander concerning this letter,
951 to 955?
A. Yes, I am sure that it was alluded to.
Q. Would you tell us, to the best of your recollection,
what you said to Mr. Hollander and what Mr. Hollander
said to you?
A. I think that Mr. Hollander indicated to me that he
had, in response to Mr. Mussman’s penultimate:
** * paragraph given the confirmation that Mr. Mussman
said that he felt it was all that he needed, and we undoubt-
edly discussed generally if either of us felt thar there was
anything else anywhere, to the best of our knowledge.
Q. What did you say to Mr. Hollander in that con-
nection?
A. I said in that connection I felt that I had nothing
more than that which had already been—and I hesitate
[119]
to use the word produced, but that had been referenced
as 1 to 100.
Q. TU-1 to 100?
A. Right.
546 *
Q. Do you recognize 956, 957 as the telegram [April
23, 1971] that you sent to Mr. Mussman?
A. Yes.
[121]
Q. Do you see the last sentence that, “This assurance
is unequivocal and is in no manner dependent upon my
independent judgment respecting relevance”?
A. Yes, I see the statement. That was in response to
Mr. Mussman’s questioning me about, you know, my judg-
ment respecting relevance.
Q. This goes to the fact that he wanted anything regard-
ing petroleum supply in American Samoa without regard
[122]
to your judgment of whether or not it was relevant?
A. Right, correct.
[139]
Q. Iam going to hand you now, sir, document 537. Do
you have that document in front of you?
A. Yes.
[140]
* * -_ * * * 7
Q. *** In the first paragraph, vou refer to forwarding
some documents to Mr. Turnbull under separate cover. Do
vou see that?
A. I actually say, “I am forwarding all of the docu-
ments.”
. * * - * * e
tow Pe ee ee
OAT 6 OA OA I et MT A Dt
547
Q. As a matter of fact, did you keep back some docu-
ments in connection with the claim against Standard in-
volving American Samoa?
A. There was some correspondence, and I think prob-
ably some duplicates of papers that were retained, ves.
Q. These were the documents that we marked here at
your deposition at the last session on September 25?
A. Yes, that’s correct.
c. DEPOSITION: NOVEMBER 24-26, DECEMBER 1-2, 1975, JANUARY 28,
1976: RAYMOND C. TURNBULL
In the United States District Court
Central District of California
(Title omitted in printing)
* * * . * . *
[3]
RAYMOND C. TURNBULL,
having been first duly sworn, was examined and testified as
follows:
EXAMINATION
By Mr. KuiTGaarp:
Q. Will you state your full name, please.
A. Raymond C. Turnbull.
[17]
Q. Are you appearing here today pursuant to a subpoena
duces tecum?
A. Yes.
Q. I would like to direct your attention to
548
[18]
attachment A of the subpoena duces tecum which requests
that you bring documents with these descriptions to the
deposition today. Have you brought with you documents
that are responsive to these descriptions?
A. They were submitted before plus what I have here.
Q. When you say “submitted before,” what do you mean
by that?
A. Well, did I submit these things before?
Mr. Paumreri [Counsel for Mr. McCook]: I think what
the witness means is that you in the subpoena of Mr. Me-
Cook asked for all documents that he may have had, plus
whatever Mr. Turnbull had, so I think Mr. Turnbull is
speaking about that. He submitted documents in connection
with Mr. MeCook’s deposition.
Mr. Kuiircaarp: Q. * * * [YJou have a series of docu-
ments on the table in front of us, Mr. Turnbull, and these
are documents that I take it you are producing today in
response to the subpoena?
A. That’s all I have.
[21]
Mr. Kuitcaarp: We have marked the documents which
Mr. Turnbull has produced and turned over to us, as to
which no claim of privilege is asserted, as Documents No.
981 through 1201.
549
Q. Apart from Documents No. 981 through 1201, Mr.
Turnbull, do you have any documents in your possession or
in the possession of any of your associates, partners, agents,
employees, attorneys or representatives, which are respon-
sive to the call of the subpoena duces tecum, putting to one
side for a moment any documents to which you may assert
a claim of privilege?
A. No.
[26]
Q. Do you have Document No. 430 to 433 in front of you,
Mr. Turnbull?
A. Yes, I have them.
Q. Who wrote Document 430 to 433 and to whom is it
addressed ?
A. It is addressed to me, 3681 Wilshire Boulevard,
signed by Howard L. Winton, attorney.
Q. And the date of the document is November 28, 1969?
A. Yes.
Q. Just read through the document and I am going to
ask you if having reviewed the document your memory is
refreshed as to the circumstances which led you to the
preparation of that letter?
A. T must have had a meeting according to the second
page, and he must have seen some of my papers at the time.
Q. Did you have oceasion to meet with Mr. Winton
before November 28, 1969, Mr. Turnbull?
550
A. I would say yes from reading the second page.
Q. And what led you to meet with Mr. Winton before
November 28, 1969?
A. * * * Somebody recommended that I call him to find
out whether there was any damages involved in the Samoa
affair caused by Standard.
Q. And in contacting Mr. Winton in connection with
these damages, were you acting on behalf of Mr. McCook—
A. Yes—not—yes.
Q. —at the time?
A. Yes.
[29]
Q. Do you recall bringing documents to Mr. Winton’s
office ?
A. Pardon me?
Q. Do you recall bringing documents from your files to
Mr. Winton’s office?
A. I don’t recall it. I could have.
Q. In the letter does Mr. Winton refer to documents
that vou may have brought to him?
A. He says, “From my review of the files and discus-
sions with you”—
Q. Having in mind that reference by Mr. Winton, do
vou reeall bringing vour files to—
A. Not all of them, but I remember some key docu-
ments, and I say, I don’t know whether those were the
papers that emanated from that San Francisco trial.
551
[31]
Q. Well, did you have some files in your office involving
petroleum supply in American Samoa?
A. Yes, but those—any documents that I had at that
time would have been out of context with an evaluation, I
can’t see me taking the prices of petroleum, prices in Amer-
ican Samoa—that wasn’t the theory at the time. It was
were there any damages.
Q. Is it your testimony that your contact with Mr.
Winton was to find out if there was a legal basis for claim-
ing any damages in Samoa as opposed to an attempt to
determine if Standard was wrongful for any misconduct in
American Samoa?
A. I wanted to see if there was any basis for a suit for
damages.
* * * oo * * -_
[37]
Q. In 1965 did you have an office in Los Angeles?
A. Yes.
[38]
Q. What was the address of that office?
A.* * * 8530 Wilshire Boulevard, Suite 309.
~-Q. Did you maintain any files with correspondence or
other documents in them concerning petroleum products?
552
A. My first effort was with Union, Union Oil Company,
which then turned over to Unoco, a wholly-owned subsidiary
of Union in Hong Kong, but the first opening was with the
Union Oil Company.
Q. Iam not trying to find out at all what was the sub-
stance of your conversations with Unoco and Union, I am
simply trying to find out where you kept documents con-
cerning—
A. They would have been in one place. They
[49]
wouldn’t have been spread.
Q. Where was that one place?
A. 8530 Wilshire.
Q. And were these documents kept in a file cabinet?
[50]
A. Yes.
[51]
Q. Did the files that related to petroleum supply in
American Samoa have any title on them or label?
A. There would have had to be a label, or I still wouldn’t
have found them. I can’t tell you what they are. Later they
got to be Standard Oil and Star-Kist and VanCamp and
correspondence and things like that.
* e 6 eo ® @ *
[59]
° * . * @
Q. In the period that you were at 8530 Wilshire Bonle-
vard, did you receive any documents from Mr. MeCook
concerning petrolenm supply in American Samoa?
eel eee 5
ee ee ee
553
Receive any documents?
Correspondence or other materia’
Yes.
. And did you put those documents in the four-drawer
file cabinets?
They would have been in the file, yes.
OPop
>
Q. In 1965 when you changed addresses up to Holloway
Drive, did you take the four-drawer file cabinets with you?
A. Yes.
Q. * * * Did you receive correspondence at that office,
the Holloway Drive office, concerning petroleum supply in
American Samoa?
A. Yes.
Q. And did you send out correspondence from that
office ?
A. Yes.
Q. And was that correspondence involving petroleum
supply filed down by you as you sent it or received it?
A. Yes.
Q. In the four-drawer file cabinets?
A. Yes.
Q. Was it filed anyplace else—the correspondence that
you got or received at the Holloway Drive—
A. You mean duplicates of them?
Q. Yes.
A. No, or any other part of it, anything connected would
have gone into the file.
® e > @ ° * *
554
[°7]
Q. When you moved trom the Holloway Drive address
down to 8681 Wilshire Boulevard, did you continue to main-
tain your files in the same way that you had before, as far
as petroleum supply in American Samoa went?
A. Uh-huh.
Q. In other words, when you sent out a document
[68]
or a letter concerning petroleum supplies, you stuck that
letter in the file?
A. Yes.
(). And when you received a letter concerning petroleum
supply, you put that letter in the file?
A. Yes.
09)
Q. Mr. Turnbull, let’s go back a moment and see if we
ean’t get the time frame. The government filed this Com-
plaint in the government antitrust suit against Standard
of California on September 30, 1969. How did you hear that
the government had sued Standard?
A. I was in Samoa at the time, and it was in the local
newspaper which is in the file here somewhere.
* * * * * * *
[71]
* * *
Q. Until the first time you learned about the suit being
filed, did you have any communications with Mr. Hollander
eoneerning petroleum supply in American Samoa?
.
=
4
:
:
4
7
q
’
:
555
A. I can’t tell you the date that he called me from Wash-
ington and asked me about my file. The first time he con-
tacted me—I can’t tell you the dates.
Q. Did he contact you after this trip that you were in
American Samoa?
A. Yes.
; * o e * * co @
Q. You were there in October, 1969?
[72]
Q. And then after you got back to the United States,
were you contacted by Mr. Hollander?
A. Yes.
A. Yes.
[76]
Q. Did he contact you at. oar office at 8681 Wilshire
Boulevard?
A. Yes.
Q. What did Mr. Hollander say to you in this conversa-
tion?
A. He said that Governor Lee’s files were incomplete,
and he wanted to take a look at my complete file.
Q. Was this a telephone call?
[77]
A. Ibelieve it was.
Q. Was Mr. Hollander calling you from Washington?
A. Yes.
Q. Did he identify himself as a lawver with the United
States Department of Justice?
A. Yes.
596
Q. Then did Mr. Hollander ask if he could come out and
see your files?
A. Yes. ;
It was right out of the blue.
Q. Inother words, you had not contacted Mr. Hollander?
A. No.
Q. Had you ever heard of Mr. Hollander before the
time of this telephone conversation?
A. Not that I remember.
[78]
Q. Then did Mr. Hollander come out to your office on
Wilshire Boulevard?
A. Yes.
Q. And where were your files when he came to your
office ? Were they in the file cabinet?
A. Yes.
Q. What did you do when he—
A. * * * He told me what he wanted. He said, “I want
your whole file,” and I said, “Look, I am up to my neck in
all kinds of stuff, and it can be stuffed in al. kinds of files,”
so I started pulling all the files.
Q. All the files?
A. All the files that I thought pertained to American
Samoa and petroleum.
Q. Would these be also the files where you might have
filed the document that contained a reference only partly
to petroleum and partly to something else?
A. Ibelieve it would have contained that, too.
Te
— —— as in
— ae ee
——,
557
Q. And was Mr. Hollander in your office while you were
pulling the files?
[79]
A. Yes.
Q. What files did you pull out and have available for Mr.
Hollander?
A. Well, everything that was apparent on the leaf here.
Q. On the leaf on the folder?
A. Yes.
7 + 7 . * 2 o
Q. Did you collect these files in a pile on your desk
before you gave them over to Mr. Hollander?
A. Yes.
Q. How thick were the files that you gave to Mr.
Hollander?
A. TI would say about that high (indicating).
[Were the files about a foot high?
No.
About six inches high?
T’d say yes.
And were the files in more than one file folder?
Oh, yes.
About how many file folders, do you recall?
Oh, eight or nine.
o Sd . * ° . *
Q. Did Mr. Hollander look through the folders right in
your office?
>POrOoropre
508
A. He glanced—yes, he glanced through them. Not—he
didn’t get down and study them, but he glanced through
them and then put them in his briefcase.
Q. And took them with him?
A. And took them with him.
Q. Did you make any list of the dates or numbers of
the documents?
[81]
A. Iwish Thad, but I didn’t.
Q. Did Mr. Hollander take the file folders as well as the
documents in the folders?
A. Yes.
Q. Anybody else in the room besides you and Mr. Hol-
lander?
No.
About how long did this meeting last?
Well, it went quite rapidly, less than a half an hour.
Did Mr. Hollander number any—
No.
—documents while he was in your office?
No, no.
rPOoPOPd Pp
Q. Did Mr. Hollander give you a receipt for the docu-
ments?
A. I don’t remember getting any receipt from him on it,
no.
Q. What did he say to you when he was at your office
as best you can recall?
[82]
A. Well, of course, he had identified himself before, and
that is the reason he came into the office, and he said that
thev wanted the file, that Governor Lee’s file was not com-
:
559
plete, and he didn’t know where he had filed all his stuff,
and so they wanted my file.
Q. Apart from the documents that we have numbered
today at the deposition— :
A. I’m tapped out. I have no more,
[83]
Q. —you have no more documents?
A. Nothing.
* * * * . 2 *
Q. * * * When Mr. Hollander came to your office in 1969,
you made available a number of files which he took back to
his office; correct?
A. Yes.
Q. Then when Mr. Hollander left, did he have a tele-
phone conversation with you again after that about return-
ing the documents back to you?
A. Could have been. I’m not—it’s not fresh in
[84]
my mind.
Q. If you look at Document 429, which is this letter of
July 20, 1973, do you see where Mr. Hollander references
returning documents to you on November 3, 1969?
A. Yes.
Q. Did Mr. Hollander bring the documents, the folders,
back to you at your office on—
A. I thought they were mailed.
Q. Do you recall having any other meeting with Mr.
Hollander at your office at 8681 Wilshire Boulevard other
than this one instance where you gave him your files?
A. No, but in the back of my mind, there is—I thought
he was there twice, and I can’t tell you why, whether he
560
made his pitch to get the papers first and then came back
within a reasonably short time and picked them up. I don’t
know, but he—I believe he mailed all these things back.
* . * -_ * o *
Q. When he mailed the folders, the papers, back to
[85]
you, what did you do with the—
A. I just left them in the same container and didn’t
check them, because I had no rundown on what I had given
him, and just took them and put them back in the file in the
same—in the same folder that he had mailed them to me.
Q. When you got the documents back from Mr. Hol-
lander, were any of those documents numbered with TU
numbers, or were they just the same documents you had
sent to him without numbering?
A. Frankly, all I did was opin it up to see that they
were the documents he sent back, and didn’t make—TI didn’t
read anything. I just shuffled through them and stuck them
in the file.
Q. Did you see any—
A. I don’t remember.
* hal ae . * 7 7
[87]
Q. Did you pull the documents from the files yourself
to give to Mr. Hollander, or did you ask someone else to do
that?
A. No, Idid it.
[88]
Q. * * * Now, in talking about when you collected the
documents from your files to give to Mr. Hollander when he
561
came to your office, how did you check to make sure that the
documents you gave him did in fact relate to petroleum
products?
A. Well, if they had anything to do with petroleum
products, I would look through to see—like this—and laid
that aside, pick up another one and look, and if it
[89]
had nothing to do with it, I would put them back in the file.
e . a * e * *
[91]
* -_ *
Mr. Kurreaarp: Q. * * * When Mr. Hollander came to
your office and the documents were pulled for him, were the
documents on your desk in separate file folders?
A. No, not all of them.
Q. Were some of them in file folders?
A. Yes.
Q. And did Mr. Hollander take the file folders with him
as well as the loose documents ?
A. Yes.
Q. When Mr. Hollander returned the documents, did
he return the file folders as well as the loose Cocuments?
A. I don’t think so. I don’t remember getting the file
folders back.
Q. In other words, * * * he took the documents, some of
which were in file folders, some of which weren’t, and when
he returned the documents, he sent them back to you mixed
up in a big brown envelope without the file folders in them?
A. Yes.
Q. And then at some later date you took the documents
out of the big brown envelope and put these documents
back into the various files in your office?
A. That’s right.
262
Q. Did you make up new file folders, then, for the—
A. Well, the ones—no. The ones that were out
[92]
and didn’t have file folders, I made up new file folders
for. The—my reason for knowing that that is correct is
that—no— that’s all right.
Q. Go ahead, tell me the reason.
A. I have seen some documents hooked together since
that time that I don’t believe should be hooked together.
They were unrelated to the front sheet.
Q. In other words, by “hooked together,” do you mean
stapled together?
A. Yes.
Q. And how did they come to be stapled together?
A. Idon’t know. I didn’t staple them.
Q. It was when you got them back you think they were
stapled together?
A. Yes.
* . * * * * *
Q. In other words, an attachment to a letter might not
be—
A. Might not be the right attachment.
* e e @ Sd e e
[93]
* * *
Q. In connection with the documents that came back
to you from Mr. Hollander, did you deliver any of those
documents to Mr. Winton or Mr. Medvane?
A. I eould have shown them to him if it was in the
right time frame, subsequent to getting them back from
Hollander.
563
Q. Do you recall showing any of those documents that
came back from Mr. Hollander to Mr. Winton or Mr.
Medvane?
A. I showed Mr. Winton something. I can’t remember
now what I showed him.
* * . * * « *
[97]
e
Q. In your testimony earlier today concerning your
conversation with Mr. Hollander, do you recall stating that
Mr. Hollander mentioned some gaps in the files of Governor
Lee concerning documents for petroleum supply in Ameri-
can Samoa?
A. He used the word “incomplete.”
Q. That the files of Governor Lee were incomplete?
A. Yes.
Q. And when Mr. Hollander came to your office, did
he just ask to see the documents that passed back and forth
between you and Governor Lee, or did he ask you to see all
your files on American Samoa?
A. All the files.
[98]
Q. How did he phrase that? Did he ask to see all your
documents concerning American Samoa?
A. Everything, yes.
Q. Involving petroleum products, that is?
A. Yes.
e oe e . . @ e
Q. ** * In connection with Mr. Hollander’s visit to you
in October of 1969, did you obtain any documents from Mr.
McCook so that you could
[99]
deliver those documents to Mr. Hollander?
564
A. Not unless I had them already in the file. Not spe-
cifically did I call Mr. MeCook that I remember, in which
I said, “Mr. Hollander wants the whole documents. Do you
have any documents?”
Q. You didn’t ask Mr. MeCook—
A. Not that I remember.
Q. —to provide any documents for Mr. Hollander?
A. No,I don’t think so.
Q. Did you collect any documents from any place for
Mr. Hollander other than the documents in your file?
A. No, I did not.
* * * * e * .
Q. At the time of Mr. Hollander’s visit to you in October
of 1969, were you discussing with Mr. McCook the possi-
bility of bringing the lawsuit against Standard?
A. Ithink we discussed it, yes.
* Sd o * * * o
[100]
* . * * * * *
Q. Do you recall! the labels on the file folders that you
delivered to Mr. Hollaider in 1969?
A. No. They were varied.
Q. Under what labels had you filed documents concern-
ing petroleum supply in American Samoa?
A. As I say, it was varied and depended—depended on
whether it was all about oil, which I tried to keep in one
file, or whether it was under—there might be a paragraph
in a letter which concerned dredging or some other opera-
tion down there. It might have a little
[101]
description in it.
Q. Did you have a dredging file?
Pe
565
A. Yes.
Q. Did you in providing the documents to Mr. Hollander
pull documents from other files and put them on the table
for him?
A. Yes.
[102]
Q. The documents that were loose were documents you
had obtained from other files?
A. Yes, but germane to petroleum products.
Q. Did you tell Mr. Hollander you were giving to him
all the documents that were in your files relating to petro-
leum products in American Samoa?
A. To the—yes.
* o o * * « S
[114]
* e e
Q. In other words, any documents you brought to Mr.
Winton were strictly in your own files?
A. That’s right. Now, those files from me could have
included Mr. MeCook’s; you understand—his proposal to
the Governor.
Q. His proposal to Governor Lee in 1965?
A. Yes.
Q. Is that what you are referring to?
A. I would have had copies of that kind of material.
[120]
Q. Do you recall getting back at least one big envelope
from Mr. Hollander?
566
Yes.
And one small envelope from Mr. Hollander?
One smaller.
Do you recall getting back the big envelope from Mr.
Hollander shortly after you met with him in October of
1969?
A. Shortly—I don’t know.
Q. Well, within a period of months?
A. Yes.
Q. And do you recall getting back the small envelope
from Mr. Hollander at some—
A. Later date.
Q. —later date after you got back the big envelope?
A. Yes.
Q. Do you recall getting back the small envelope from
Mr. Hollander several months after you got back the big
envelope, or was it more than several months?
A. No, it wasn’t several months.
Q. Was it closer than several months?
A. Yes.
OPop
[121]
A. When he took all of the material, he says, “I am
going to look through this file, and I am only going to take
out what I want to take out of it.” So he took it. Now, I get
a package of stuff back to the office. So I stuff it in the file,
and then my recollection is faintly that I got another one,
but I was busy at the time, and I remember seeing some-
thing from the Justice Department. I stuffed that, too, as
the balance of the papers.
Q. And the second envelope was the smaller envelope?
A. It seemed to be smaller, yes.
567
Q. And then a couple of years later you got back the
envelope or an envelope with the Tu documents in it, Tu 1
to 100, which is referred to here; is that—
A. Yes.
[125]
. e e o * * eo
Q. * * * In the time sequence of your visit with Mr.
Winton and Mr. Medvane, did you take to them any docu-
ments that you did not give to Mr. Hollander?
A. No.
Q. Was anything that they saw also seen by Mr.
Hollander?
A. Yes.
[127]
®@ @ * . * * *
Q. Were there any specific file folders that you recall
putting any of these documents into that you got back from
Mr. Hollander?
A. No, because I had about 10 or 12 files with different
headings on them. I don’t remember anything specific.
[128]
* o * e eo o *
Q. Did Mr. Lynn at any time tell you that he was con-
tacting the Sullivan firm in San Diego concerning a possible
lawsuit against Standard?
A. Yes.
Q. Were you aware that Mr. Lynn had had a meeting
[129]
with the Sullivan firm in San Diego?
568
A. I believe I was.
Q. At any time, Mr. Turnbull, did you send documents
to the Sullivan firm in San Diego?
A. I don’t know whether I sent any directly to them,
but I believe Lynn had given some documents that Lynn
wanted to give to Mr. Lyle.
Q. You mean Mr. Jones?
A. Yes, Lyle Jones, because he had to have some docu-
mentation to place his thoughts on.
* * - * * * oe
Q. I take it at some point though you did have a dis-
cussion with Mr. Lynn concerning a possible suit against
Standard?
A. Yes.
[130]
od = @ * * * *
Mr. Kurreaarp: Q. Do you recall providing documents
from your files to Mr. Lynn to review?
A. Yes.
[131]
Q. In providing documents to Mr. Lynn or to Mr. Jones
at any time, did you give them copies of documents and
retain the originals in your files?
A. Everything—yes. My belief was that everything that
went out was not an original. It was copies.
* * * * e e *
[135]
Q. *** Did you send to Mr. Jones the entire packet of—
569
A. No.
Q. —documents that you made available to Mr. Hol-
lander?
A. No.
Q. Did you go through your files and pull out specific
documents for Mr. Jones? .
A. Whatever they asked for, which would have been a
verbal request from him to me.
Q. And was his request to you in terms of specific
documents ?
A. I think that to be true, yes.
[136]
Q. At any time did you collect documents from Mr. Me-
Cook and send those documents to Mr. Jones?
A. When you say did I collect them, you are talking
about a time frame. T had a copy—I had a copy of his
proposal and copies of everything concerning Bill’s offer
to the government—things like that. He didn’t have too
much stuff, and I don’t think that I ever said, “Give me a
copy of everything vou have got.”
Q. * * * [Did Mr. MeCook ever deliver to you docu-
ments out of his file that vou hadn’t seen before but that
related to petroleum supply in American Samoa?
A. There was only one, only one that I hadn’t seen that
I remember.
Q. What was that?
A. And that was the last—the last letter from Governor
Lee to Bill MeCook.
Q. That would be a letter of November, 1965?
57U
A. If that’s the last letter.
[139]
Q. Do you recall the size of the file Mr. McCook had on
American Samoa?
A. Well, the file, if I remember correctly, I saw
[140]
some file, but it appeared not to have very much in it. It
wasn’t a thick file.
Q. And did vou look through the documents in that file?
A. Yes, I think I did, and I remember seeing his offer
to—on his letterhead.
Q. Offer to Governor Lee?
A. Yes.
Q. Was he—
A. I don’t remember seeing anything else.
Q. Did vou see any document in that file that you had
not seen before? I want you to have specifically in mind
Document No. 247, which we just looked at.
A. There’s one—there’s one thing about this letter that
looks familiar.
Q. Document 247?
A. 247, and that’s the initial paragraph.
Q. What is that?
A. “Your lett r of October 5 reached us today, and it
was apparently sent surface mail.” Now, that sticks in my
eraw because T remember Bill having some—some letter
in which he said IT sent it air mail and it was stamped air
mail, and it went by boat, and that—that’s the only thing
that brings it to my mind.
Q. Did vou see a copy of that letter in Mr. MeCook’s
file when vou looked at the file?
571
A. Unless that’s where I saw it, because as I say, the
surface mail thing is the only thing that gives me a
[141]
recollection.
[143]
[144]
Q. Did you supply to Mr. Jones any documents that
you did not provide to Mr. Hollander?
A. No, no.
Q. Did you provide to Mr. Lynn any documents that
you did not provide to Mr. Hollander?
A. No.
[145]
Q. In October, 1970, we had a deposition here in Los
Angeles in the government case in which you were deposed.
[146]
A. Yes.
Q. The date was October 1, 1970. Do you have that
deposition generally in mind?
A. Yes, generally, yes.
Q. And you remember that Mr. Lynn was here at the
deposition?
A. He was sitting alongside of me.
[147]
Q. Before you went to your deposition on October Ist,
1970, had you made a search of your files to see if vou had
recs
vis
any documents in those files in addition to the documents
that you had delivered to Mr. Hollander?
A. Yes.
[148]
Q. And did you find any additional documents?
A. I don’t think I did at the time.
[ 156]
Q. Did you provide a file or files to Mr. Lynn for
[157]
him to look through?
A. Yes.
Q. And where did you provide these files to [him]?
A. As I say, it could have been in his office when I
came down with some things under my arm or McCook’s
office or at breakfast in Newport.
Q. Did you bring down all your files?
A. No,I didn’t.
Q. Just some of them?
A. Yes.
Q. And how did yon know what files to bring down to
Mr. Lynn?
A. Well, contracts, Unoco thing, a hodgepodge.
Q. Did Mr, Lynn ask you to bring all your files down
involving petroleum products?
A. I suppose he did. I don’t—I didn’t selectively go
through it. I grabbed some stuff that I had generally, you
know, without having duplications and things like that. I
had a file covering almost everything that I could take.
I didn’t earry voluminous volumes with me.
Q. Were there some documents that you didn’t bring
down to Mr. Lynn?
|
573
A. If I did, it would have been an oversight or the guts
of the deal he saw.
a a « * a * e
[158]
Q. And was this before Mr. Lynn was talking to Mr.
Jones?
A. It would have been prior, I believe.
Q. Do you recall how thick the file was that you brought
down to Mr. Lynn?
A. Not in measurement.
Q. Was it as thick as the files that you made available
to Mr. Hollander?
A. No.
Q. Was it say half the size of the files you made available
to Mr. Hollander? We established six inches on—
A. No, no. It would have been, I’d say, an inch or inch
and a half, something like that.
[160]
Q. * * * [YJou referred to a meeting in Mr. McCook’s
office. Do you have that meeting in mind?
A. I remember one meeting when we were up there.
You see—go ahead.
Q. This was a meeting out at Firestone Boulevard?
A. Yes.
Q. Did Mr. MeCook have any files present at that
meeting?
574
A. No, not at the meeting, but I think it was at that
time I looked in his file, if I remember correctly.
Q. And did you see anything in his files at that time
that was different from the documents that you delivered
to Mr. Hollander?
A. No, I just remember—I went over three or four
documents in the file.
Q. Were these documents different than the documents
you delivered to Mr. Hollander?
A. I don’t think so. I don’t—as I am going back to that
letter again at which we talked about the mail that went
by boat, which was catastrophic for us at the time.
Q. Referring to Document [247]?
A. Yes, I am referring to Document 247. That is the
only memory of that letter which means I would have seen
that document, I guess, because that stuck in my mind.
@ e co e a e s
Mr. Kurreaarp: Q. Do you want to take a look at that?
[162]
A. Yes.
Q. You see at the top of 247 “Tell Ray and file”?
A. “Tell Ray and file.” Now, who did he tell to tell Ray?
Q. Did you have a copy of 247 in your files at any time?
A. No.
Q. Are you sure of that?
A. I’msure. You'd have had it.
e s ? o @ @ a
[165]
& @ s o @ @ e
Q. If you look at Document No. 247, you will see in the
first paragraph “Your letter of October 1965 reached us
only today, as it was apparently sent surface mail.”
575
A. I—I must have seen that, because [ saw that. I saw
something that said “surface mail.”
Q. So our record is correct in stating your testimony
now, Mr. Turnbull, is it your testimony that you recall see-
ing this document, namely 247, in Mr. McCook’s file out in
the office at Firestone Boulevard?
A. It would have had to be the time.
[168]
Q. After your deposition in October, 1970, did you
[169]
go back and look in your files to see if there were any more
documents involving petroleum supply in American Samoa?
A. Apparertly in my deposition Mr. Mussman had
brought up the subject of—he had an uneasy feeling that
there wasn’t—he didn’t have all the documents. Yes, I did.
Q. Did you go back and look in your files?
A. Tsure did.
[172]
Q. Did you find any documents in those files which were
different from the documents that you delivered to Mr.
Hollander?
A. No,I didn’t.
[174]
Q. And how long did it take you to look through your
files?
A. Oh, maybe a couple of hours sorting things out.
576
Q. In going through your files, did you look through all
the folders in tl e cabinets?
A. I didn’t iook through all of them. I looked through
everything that had to do—my understanding was—had to
do with the oil situation.
Q. Petroleum supply?
A. Petroleum supply.
Q. Did these include the folders that contained
[175]
documents which related in part to petroleum supply and
in part to something else?
A. Yes, like alluding to it in a short little sentence—
that is, coming across the ocean to McGee.
Q. Where is a document like that filed in your files?
A. That would have to be say in a letter, some letter
about something other than talking about me racing in the
Grand Prix, and this kind of stuff.
Q. It would be a letter unrelated to any of your ventures
in American Samoa?
A. Yes.
Q. Did you look back through the files that related to
your various business interests in American Samoa, whether
it was Pacific Coconut Processing or something else, to
see—
A. Well, I looked in every file that I thought had any-
thing that would allude to the oil business.
Q. And did you find any new or additional documents?
A. No.
eo e e @ @ @ e
Q. After you went back in your files, about how soon
after that was it that you told Mr. Lynn you hadn’t found
anything?
A. Well, IT remember it became a cause celebre about
ee —S eee
577
[176]
this whole thing, Mussman saying, “I think there is some-
thing missing.”
@ 9 @ * @ @ ®
Q. And about how many file folders did you look
through?
A. Oh, about 10 or 12.
6 @ o eo e ® -
[202]
@ @ e * @ ? a
Q. *** (I}n April of 1971, did Mr. Lynn ask at that time
if you had any further documents concerning petroleum
supply in American Samoa?
A. This is after my deposition?
Q. Your deposition was in October, 1979. This is six
months later.
A. It could have been. I don’t remember the specifie time
frame he called.
Q. You see the statement [in telegram dated 4/16/71]
“Lynn also advised that Turnbull turned over his entire file
to you from which you extracted Documents No. Tu 1 to
100”? Do you see that statement ?
A. Ido.
Q. Was Mr. Lynn being accurate in that statement?
* s @ oS eS & &
A it is accurate. I took everything I had to give to
Mr. Jiollander, and he went through every bit of it and took
what he wanted.
578
A. When Mr. Hollander came to my office, he said, “I
want all you have,” and I said it doesn’t all apply to you.
“That’s okay, I will take it back to Washington, look through
it and give you back the things and only take out what we
need.”
Q. And then—
A. So I got two sets or three sets of documents. I think
the first batch was stuff he didn’t use.
Q. And the second batch was Tu—
A. ThenI got the Tu numbers.
Q. And was that in the second batch?
A. I think it was in the second batch.
Q. And then in going back through your files, did you
take those Tu-numbered documents—
A. And compare them—
[211]
Q. Yes.
A. No.
es ® * e @ @ e
Q. I just want to ask why didn’t you compare them?
A. Well, I was familiar reading the Tu numbers. If
there had been anything different, I would have then pulled
it out. I mean, if there was any similarity—I was looking
for something new.
{November 25, 1975]
[214]
RAYMOND C. TURNBULL,
having been previously duly sworn, was further examined
and testified as follows:
EXAMINATION (Continued)
By Mr. KiitGaarD:
579
[215]
Q. I am going to hand you a document marked DDX
155 at your deposition in October, 1970 * * *
Have you seen this document before today?
A. Yes.
Q. Was this one of the documents that you delivered to
Mr. Hollander?
A. Yes, I believe so.
Q. I will represent to you that this document is
[216]
not among documents Tu 1 to 1%, and I will ask you, sir,
if before your deposition in October, 1970, you made any
further search of your files to determine if you had addi-
tional documents relating to petroleum supply in American
Samoa.
A. Before the deposition?
Q. Yes.
A. I don’t remember specifically that I did, but—I don’t
remember.
Q. Before your deposition in October, 1970, had you got
back your files from Mr. Lynn, the files that vou delivered
to him?
A. I don’t remember that either.
* e @ * o e *
[220]
oe e 2 > . e e
Q. Iam going to hand you now, sir, a document that was
marked 158 at vour deposition on October 1, 1970, and
[221]
that is now marked SDX 151. Do vou have that document in
front of you?
580
A. Yes.
Q. Have you seen a copy of this document before today,
sir?
A. Just a moment. I know the letter—I remember the
letter.
Q. Do you recall making a search for this document
prior to your deposition on October 1, 1970?
A. No.
Q. Was this one of the documents that you delivered to
Mr. Hollander the year before?
A. I don’t remember whether I gave this to Mr. Hol-
lander. I didn’t look at the—I just pulled the files out for
Mr. Hollander, and ne took—he took everything that he
wanted.
Q. Ile took everything that he wanted?
A. He took everything that I had. At the time I believe
he took everything that IT had.
Q. Did yon ever find anything in your files at any
[222]
time from October, 1969 to date that you didn’t give to
Mr. Hollander? .
A. Well, these things I brought to you yesterday, and I
think I did.
@ e * ® @ e e
Q. Apart from the documents you produced yesterday
and which were marked for identification at your deposition
yesterday, have you seen any other documents that you
didn’t produce for Mr. Hollander?
Mr. Patmierr: If you know.
THe Witness: Well, I don’t know whether I did or not.
Mr. Kuireaarp: Q. Iam going to hand you now, sir, a
copy of Document No. 157, which is a letter dated May 29,
581
1964, from James McGee to you. It is marked DDX 157 at
your deposition and marked SDX 152 in the present set of
depositions. Do you have that document in front of you?
A. Yes.
Q. Do you recall bringing this document 157 to your
deposition in October, 1970?
A. No.
[223]
Q. Do you recall in what file this document was main-
tained?
No.
Did you have a special file for Union Oil Company?
No.
Did you have a special file for Unoco?
No, I didn’t.
I will represent to you, sir, that this document was
not among the documents numbered Tu 1 to 100, and I will
ask you whether or not this was one of the documents that
you produced for Mr. Hollander in October, 1969?
A. Iwould have no way of remembering.
[225]
OPoOoPop
Q. In going through the file cabinets [after disposition in
October 1970] did you have the set of documents Tu 1 to
100 in front of vou?
A. Idon’t specifically remember.
Q. Did you remember each and every document that
you had delivered to Mr. Hollander in October of 19— —
A. No.
Q. — —69?
A. No, I didn’t.
582 .
Q. How did you compare, sir? How did you determine
whether there were any additional documents in your file
that were different from the documents Tu 1 to 100?
A. I wouldn’t—it wouldn’t have been a slipshod way of
going through, pulling something out that wasn’t congre-
gated in the files.
Q. I want to be sure you understand my question.
A. I understood it. How would I know if I didn’t
[226]
compare with the Tu numbers.
Q. Yes, how would you?
A. Well, I was looking through other files that had
other things in them. I wouldn’t have compared it.
Q. Do you have any recollection at this time of having
any documents numbered Tu 1 to 100 in your files on
October 1? *
A. I don’t.
o es e eo e & @
A. I was just glancing through my files to see if I came
up with something that appeared to be new.
Q. Mr. Turnbull, in the prior year, when you had de-
livered the documents to Mr. Hollander from your files
when you delivered the folders, had you looked through each
one of the documents in those folders before the time you
delivered them to Mr. Hollander?
A. No.
Q. In going through your files after your deposition,
the day after your deposition, how did you know whether
you were seeing documents in addition to documents de-
livered to Mr. Hollander, or how did you know that you
weren’t seeing documents in addition to documents delivered
to Mr. Hollander?
A. Well, I wasn’t totally unfamiliar with the—
583
[227]
with my general file anyway on this thing, and it is easy
enough to take a look at something I remember like what
you threw out here to me.
Q. Looking at DDX 155?
A. Looking at things that were familiar. 376, and what
is that—152 and 151. That wouldn't have been anything
new to me.
eo s @ eo @ @ e
[234]
Q. This is Document No. 558. Do you have that docu-
ment in front of you?
A. Yes.
Q. And it shows a carbon copy to you; correct?
A. Yes.
Q. Do you see the statement in there * * * that the
documents previously marked Tu 1 through 100 constitute
the totality of the Turnbull file respecting the above matter?
[235]
A. Yes.
Q. Now, sir, as of January 13, 1971, did you have a set
of documents Tu 1 to 100?
A. Yes.
Q. Did vou go back through your files before the time
that Mr. Lynn sent this letter to Mr. Mussman and check
each document in your file against Tu 1 to 100 to see if
there were additional documents in the files?
A. In addition to the Tu numbers?
Q. Yes.
A. T looked through the other files that were unrelated
to the oil and gas business to find out whether there was
584
anything that could have been slipped in there, and there
weren’t any there.
Q. Did you look through the documents that Mr. Hol-
lander returned to you to see if there were any other docu-
ments other than Tu 1 vo 100?
A. I don’t recollect looking through anything I had got-
ten back.
@ @ e e e «
[237]
es * * & * e @
Q. Now, sir, is there any reason why you didn’t look
through the files you had gotten back from Mr. Hollander?
A. Because it would—because I believed at the time or
would have believed at the time that all those documents
were already a matter of record.
Q. Had aiready been given to Standard?
A. Had already been done. * * *
Q. In February, 1971, you received a letter from Mr.
Lynn. I would like to hand you a copy of this letter, sir,
which is Document No. 1199. Do you have that document in
front of you?
A. Yes.
Q. I think you testified yesterday that the handwriting
on this document is yours; is that right?
A. That’s right.
Q. When was this handwriting put on this document,
sir?
A. I don’t know.
Q. Was it put on in the year 1971?
A. Yes, it would be, but I don’t remember my reason
for having put it on.
Q. You see that the letter is entitled “MeCook— Stand-
ard Oil’?
A. Yes.
: @ e 9 @ s @ @
Q. * * * [DJo you see the Paragraph 2 that says “Top
billing”? eee
Would you read that?
A. It is “Top billing. McCook—Standard Oil. A suit
deals with services over a period of time made fruitless
by Standard Oil lowering prices—restraint of trade.”
Q. What do you mean by “Top billing,” sir?
A. Well, whether there was any reason for—for us
both to be in the suit. _
@ e a @ e e @
[240]
co oe @ @ ® e .
Q. Do you see the Document 1199 is in those documents
that you produced yesterday?
A. Yes.
Q. And did you obtain the documents that you produced
yesterday from your files, or did you collect them from
other files in addition to your files?
A. Must have been in my file.
[242]
Q. * * * Do you see the statement in the second para-
graph, “Mr. Jones’ inquiry respecting events occurring
between Mr. McCook and Governor Lee during the week of
August 25, 1965 are in need of exploration”? Do you see
that?
A. Yes.
586
Q. Do you see your handwritten notes down at the
bottom of the document?
A. Yes.
* * oe o * o &
Q. And seeing that, sir, is it your recollection
[243]
that you put these handwritten notes on this document
sometime in 1971?
A. Yes.
Q. And is it your recollection that you put these notes
on the document sometime in 1971 within a month or so
after you received Document 1199?
A. Yes.
@ * o e oe eS e
[246]
Q. Sir, I am going to hand you a document numbered
246, which is a letter dated October 5, 1965 from Mr.
McCook to Governor Lee. Do you have 246 in front of you?
A. Yes.
Q. Do you see that that letter is dated October 5, 1965?
A. Yes.
Q. Do you see at the bottom of the letter of February
19, 1971, there is a statement in the very last line “Lee-
McCook, refer to Bill’s letter of October 5, 19—’—
A. Yes.
Q. Will you look at the document you are holding in
your right hand, which is a letter dated October 5, 1965,
which is No. 246?
[247]
A. Yes.
Q. In the blue handwritten notes at the bottom of 1199—
| 587
| A. Yes.
Q. —are you referring to this Document 246 which is in
your right hand?
| A. Yes.
Q. How did you know about the letter in your reference
to it on Document 1199?
A. I don’t remember. I would have had to have seen
it, but I can’t tell—I can’t tell you whether it was in my file
or not
a7 @ « @ * eS e
[248]
e * e & eB es e
Q. [In any event, as of February or March, 1971, you
knew about the October 5, 1965 letter from MeCook to Lee,
did you not?
A. February, 19—— yes.
Q. Is your answer “Yes”?
A. Yes.
[249]
Q. Now sir—
Mr. Patmiert: Depending on when he made these notes.
Mr. Kuircaarp: Q. That’s what I wanted to go back to.
A. Let’s see. You mean at the time—did you say Feb-
ruary 19th?
Q. No, I said—
A. Was I familiar with this?
Q. I said in February or March, 1971.
A. Well, at this time was I familiar with that?
Q. Yes.
A. Yes, sir. I wouldn’t have written on it on the bottom.
Q. In other words, vou were familiar with the October
5, 1965 letter?
H
ee Se Se oe
588
A. I must have been, yes.
Q. Sometime in February or March, 1971?
A. Yes.
oe * ® ® @ * ®
[254]
a e a a @ s *
Q. Directing your attention now, sir, to Document
[255]
No. 425, which is a telegram dated April 23, 1971, from
Mr. Lynn to Mr. Mussman, do you have this document in
front of you, sir?
A. Yes.
e e ® e e @ @
Q. In April, 1971, did Mr. Lynn ask you to go back
through your files and make a search for any documents
in addition to Tu 1 to 100?
A. Yes.
Q. What did Mr. Lynn ask you to do, sir?
A. Teo see if I had any other documents in connection
with the case or petroieum products.
Q. At this time, sir, did you have in your documents a
set of documents Tu 1 to 100?
A. Yes.
[256]
(). By let’s say the Ist of April, 1971, had you received
back from Mr. Hollander the documents which you had
given to him?
A. Yes.
Q. And you received those back in two envelopes;
correct?
A. Different times, yes.
En Cn
589
Q. One big envelope and one thin envelope?
A. One larger than the other, yes.
® * * * * % a
[257]
a * .
Q. * * * [WJjhen you went back into your files before
April 23, 1971, did you compare the documents in your files
with set Tu 1 to 100?
A. No.
Q. Did you look in the files that the government had
returned to you to see if there were any documents in
your files in addition to Tu 1 to 100?
A. No, I did not.
Q. What files did you look in to see if there were docu-
ments in addition—
A. All the other files that were unrelated to oil and
gas. 1 just went through every one of them looking for
anything that would tie in, because what I had had origin-
ally had already been turned in. I was looking for new
things that Mr. Mussman couldn’t find or wanted.
[258]
Q. Is it your testimony that you did not go back through
the documents that the government returned to you to see
if there were in those documents—
A. I don’t remember having gone through those docu-
ments because I thought those were in evidence.
o o fe _ o ° oe
[260]
° 7 ae * s e &
Q. Krom whom did you receive that set of documents
numbered Tu 1 to 100?
A. From Mr. Hollander.
590
[261]
Q. If you will look at the first line of Document 425,
you will see the statement that “Please be advised that
Messrs. Turnbull and McCook’s files examined week ending
4-17-71.” Do you see the statement?
A. Yes.
Q. Did Mr. Lynn personally come to your office at any
time before April 23, 1971 and make a search of your files,
Mr. Turnbull?
[262]
A. Mr. Lynn—my recollection is that Mr. Lynn never
actually went through my files. * * *
* e 7 al eo * *
[263]
Q. In searching the files in your office in response to
Mr. Lynn’s request, that is before this April 23, 1971 tele-
gram, did you discover any new documents relating to
petroleum supply in American Samoa?
A. I can’t remember having found any.
[273]
Q. Now that we have talked a while about the February
16, 1972 letter, do vou recall receiving in a separate packet
or folder the documents that Mr. Lynn refers to in this
letter 537?
Yes.
How thick was that packet, sir?
I ean’t tell vou.
Was it a foot thick?
Oh, no.
>OPop
591
Was it an inch thick?
Not even that.
Less than an inch thick?
Yes.
Pore
Q. Mr. Turnbull, do you have the letter in front of you
dated July 20, 1973 from Mr. Hollander, and do you recall
receiving Documents Tu 1 to 100 with that letter?
A. Yes.
a * es es e e e
[295]
& e eo ® e @ oe
Q. [D]id you go back into your files after receiving
this letter to see if you had any documents in addition to
Tu 1 to 100 which were returned to you by Mr. Hollander
in 1973?
A. Yes.
Q. Was it within a month or two after you got the July
[20th] letter from Mr. Hollander?
A. Yes, that’s reasonable.
Q. And at whose request did you go back into your
files?
A. Mr. MeCook.
e @ « & @ @ e
Q. And in going back through your files at the request
of Mr. MeCook, what did you do?
A. Well, I went through all the—I went through my files
looking for everything I had in connection with it.
592
Q. Did you go through all four file drawers?
A. Yes.
[297]
Q. Were the petroleum documents in American Samoa
kept in one general file cabinet?
A. Yes, one four-drawer.
Q. And were they kept in any particular drawers in
that four-drawer file cabinet?
A. No, they were commingled with other things.
Q. In that four-drawer file cabinet?
A. Yes.
Q. From the beginning, from the time that you talked
to Mr. Hollander in 1969, had vour files involving petro-
leum supply in American Samoa been kept in one four-
drawer file cabinet, the cabinet vou jusi described?
A. Yes. They had all been kept in one file.
Q. One file cabinet?
A. One file eabinet.
Q. Then when Mr. MeCook asked you to go back through
your files to look for documents involving petroleum
[298]
produets, did vou limit veur search to the four-drawer file
cabinet?
A. Yes.
Q. To one four-drawer file cabinet?
A. Yes.
Q. At that time did you pull out for Mr. MeCook all
the documents that vou had in that particular four-drawer
file cabinet relating to American Samoa?
A. T eompiled everything that T could find that Mr.
McCook asked me to find, asked me to look for. T compiled
everything and stacked them up on the desk.
593
Q. Did you look in the folders of the documents that
had been returned to you by Mr. Hollander?
A. Yes.
Q. Do you recall your prior testimony that in the other
searches you would look in separate files, not the ones re-
turned to you by Mr. Hollander, but in separate files to
see if additional documents were returned to you?
A. Yes, I looked in unrelated—like the dredging and
things like that.
e oe * e oe s .
[301]
a o * @ oe @ *
Q. In vour search for MeCook did you look through files
that did not relate to petroleum products in American
Samoa?
A. No.
[302]
o * * * @ 2 s
Q. In other words, is it fair to say that you went back
through your four-drawer file cabinet and picked out every-
thing you could find relating to petroleum in Samoa?
A. Yes.
Q. And you did that without regard to whether particu.
lar documents you delivered to Hollander or got back from
Hollander or got back from Lynn or ones you got from
anyone else?
A. Yes.
[303]
Q. And in the documents that related that you brought
to McCook—
A. He asked me to take them down there, take them
down and give them to—give to somebody by the name of
Roger.
594
Q. Roger Nichols? Was Nichols an attorney with the
firm of Kindel & Anderson?
A. Yes.
Q. At any time did you deliver documents from your
files to anyone other than Mr. Nichols at Kindel & Ander-
son?
A. No.
[345]
Q. Do you recall any discussion at all up until today
with any lawyer from Kindel & Anderson concerning either
the request by Mr. Hollander to you for documents or
your turning over documents to Mr. Hollander or Mr.
Hollander returning documents to you?
A. Yes, in the recital of the story from the beginning
to the end about from the time Hollander contacted me—
he said, “I want your file.” I discussed all of that with
these gentlemen.
Q. With whom?
A. With both Mr. Kane and Mr. Palmieri.
Q. What did vou tell them to the best of your
[346]
recollection concerning the turning over of documents in
the government case to Mr. Hollander?
A. Well, I recited the story of him having called me,
having come in and picked up the documents and taken
them back to evaluate in Washington.
Q. I want you to tell me to the best of your recollection
what vou told Mr. Kane or Mr. Palmieri concerning the
595
turning over of documents in the government case to Mr.
Hollander.
A. Well, initially, when I got together with him, I said
Mr. Hollander had requested my compiete file and said that
Governor Lee’s file is incomplete and they would like to
have my file, and so Mr. Hollander asked for an appoint-
ment, and Mr. Hollander came to my office and asked for
my file. I opened the file drawers and took the file—no, I
had already taken the stuff out, knowing that he was coming
for that appointment, had it stacked up on the desk, and
he took it all and put it into his briefease or whatever he
had, satchel, whatever he had, and said, “I will return all
of these to you.”
& * e e eo * *
[351]
Q. I am going to show you now, Mr. Turnbull, the
documents that Mr. McCook has produced in the present
ease, * * * the documents actually produced, not photocopies
of them * * *
[352]
Q. I am going to hand you Document 93 through 96. Do
you have this documeut in front of you?
A. Yes.
* eo * e * e *
[353]
Q. Is this one of the documents that was in your files
at your office on Wilshire Boulevard?
A. Yes.
Q. Is this one of the documents that you delivered to
Mr. Hollander?
A. I believe so.
[355]
Q. Was Document 93—
A. Same.
Q. —through 96 in your office at the time Mr. Hollander
was there to pick up the documents?
A. Yes.
Q. And was it among the documents you turned over
to Mr. Hollander?
A. I don’t know. I am saying everything was back
there for him to take, so it would be an assumption on my
part that he took them.
Q. In-stacking up the documents for Mr. Hollander, did
you stack up everything in your files relating to petroleum
supplies in American Samoa?
A. Everything was stacked up, everything in my file
relating to—
Q. And you recall your testimony earlier that the pile
was more than six inches high?
[356]
A. Yes, sir.
e e * 2 e -_ e
Q. Looking at Document No. 101, do you have this
document in front of you?
A. Yes.
so * e eo ® -_ *
Q. Is this one of the documents that was in your files
in October, 1969 when Mr. Hollander came to your office?
A. I'd say yes.
Q. And was this among the documents that you turned
over to Mr. Hollander?
597
A. Idon’t know whether it was or not.
Q. Do you know if this document was excluded from
the documents that were turned over?
A. This was part of my main file, and ever ‘thing would
have been available to Mr. Hollander.
Q. In other words, you have no recollection of this being
excluded from Mr. Hollander?
A. No, it wasn’t excluded.
Q. Turning now to Document 102, which is a copy of
Document 101—
[357]
A. Same thing.
® e @ @ * e e@
Q. Was this among the documents in your files at the
Wilshire Boulevard address in 1969?
A. Yes.
Q. And was this document among the files that you
turned over to Mr. Hollander?
A. It would have been available and on the table.
Whether he took them or not I don’t know.
Q. Was this document excluded from the files that you
turned over to Mr. Hollander?
A. It would have been at his exclusion and not mine.
Everything was available to him.
Q. Is Document No. 103 in front of you?
A. Yes.
* & * * @ * +d
Q. Is this one of the documents you turned over to
Kindel & Anderson?
A. Yes.
Q. Is this one of the documents in your files in October,
1969?
598
A. Yes.
[358]
Q. Is this one of the documents you turned over to Mr.
Hollander?
A. They were available for him.
Q. And is this one—
A. Whether he took them or not, I don’t know.
Q. Did he take everything on your desk?
A. Idon’t remember at this time.
Q. Did he look through some files on your desk and
leave some documents there?
A. Ican’t answer that. I don’t remember. I don’t remem-
ber.
* * * * « * @
Q. Did he make any selection of documents?
A. No, it wasn’t a long-term, laborious treatment. My
recollection was it was a very kind of hurried sweep, and
he picked up everything he wanted, but how would he know,
unless he took an hour?
Q. When Mr. Hollander was at your office, did he exclude
this document from the files?
A. Idon’t remember any specific exclusion or
[359]
acceptance of the documents by him.
Q. You don’t remember him accepting the documents
from those—
A. I don’t remember.
Mr. Patmierr: You mean specific documents?
Mr. Kuircaarp: Q. Yes. What I am asking you is,
when Mr. Hollander was in the office, if he made a selection
of documents to take. I would assume he would have to
look at the documents to select the ones to take.
599
A. That is what I am telling you, I don’t remember a
great passage of time in the selection of the papers that
he took.
* -_ * * *e e oe
[360]
e os * * e@ > oe
Q. I am going to hand you a copy of Document No.
105-106. Have you seen this document in front of you?
A. Yes.
* s = * @ @ s
[361]
Q. Is this one of the documents that was in your files
in October, 1969?
A. Yes.
Q. Is it one of the documents you made available to Mr.
Hollander?
A. It would have been put out with the rest of them. I
don’t know whether he took them or not.
[362]
Q. * * * Was your correspondence with Governor Lee
in a separate file in your file drawers, separate drawer?
A. Idon’t remember.
. * - oe e e e
[367]
* * * ° * o
Q. I would like to hand you Document No, 115. Do you
have this document in front of you?
A. Yes.
600
Q. Was this one of the documents that was in your file
in October, 1969?
A. Yes.
Q. And is it one of the documents you made available to
Mr. Hollander?
[368]
A. Yes.
[381]
Q. *** I would like to hand you Document 135. Do you
have this document in front of you?
A. Yes.
[382]
Q. Is it one of the documents that was in your files in
October, 1969?
A. Yes.
Q. Is it one of the documents you made available to Mr.
Hollander?
A. Yes.
Q. Was installing a dock part of your plan for entering
American Samoa?
A. It was planned, yes.
Q. Was your answer “Yes”?
A. Yes.
Q. Did you have any written correspondence with Mr.
Schmuck at Dillingham?
A. Yes.
[383]
Q. I believe in the documents you produced yesterday
there is one letter to Sechmuck—
601
A. About dredging.
Q. Is there more than one letter to Mr. Schmuck?
A. Yes.
Q. And is there more than one letter involving petroleum
products?
A. No.
[385]
Q. Did the dredging fall in line with your plan to supply
petroleum products?
A. Only inadvertently, because we were talking about
dredging, about opening up that lagoon near the airport.
ef
[386]
Q. Tam going to hand you Document 138. Do you have
that document in front of you?
A. Yes.
o * * * « o e
Q. Is it one of the documents that were in your files
in October, 1969?
A. Yes.
Q. Is it one of the documents you made available to Mr.
Hollander?
A. Yes.
Q. I would like to hand you Document 139. Do you
have that document in front of you?
A. Yes.
* * * - . & we
Q. Is that one of the documents that was in your files
in October, 1969?
A. Yes.
Q. Is it one of the documents you made available to Mr.
Hoilander?
A. Yes.
[398]
Q. I hand you Document 159 and ask if you have this
document in front of you?
A. Yes.
Q. There is some handwriting in the middle—
A. That’s mine. It says “835 Fletcher.” That was the
price of oil from Fletcher.
Q. And is this one of the documents you had in your
files in October, 1969?
A. Yes.
Q. Is it one of the documents you made available to
Mr. Hollander?
A. Ibelieve it was.
e * a e o a
[403]
Q. I would like to hand you Document No. 165, Do you
have Document 165 in front of you?
A. Yes.
Q. Was it one of the documents in your file in October,
1969?
A. Yes.
[404]
Q. Was it one of the documents that you made available
to Mr. Hollander?
A. I believe it was.
Q. You will see some handwriting on this document.
ees
603
A. That is my secretary’s. This is mine.
* * * * e * e
Q. Everything except “Walker Shell Melbourne” is your
handwriting?
A. Yes.
[408]
Q. I hand you Document 171. Have you seen this docu-
ment before, sir?
A. Yes.
Q. Is this a letter from you to Mr. Shaw?
A. Yes.
Q. Is it one of the documents that was in your file in
October, 1969?
[409]
A. Yes.
Q. Is it one of the documents that you made available
to Mr. Hollander?
A. I’m not sure.
Q. Do you recall keeping this correspondence in your
petroleum file?
A. Yes.
Q. Was your petroleum file one of the files you made
available to Mr. Hollander?
A. Yes.
[413]
al * had * * ™
Q. I am handing you 176. Do you have this in front of
you?
|
A. Yes.
Q. Is it one of the documents that was in your file in
October, 1969?
A. Yes.
Q. Was it one of the documents you made available to
Mr. Hollander?
A. Yes. I said that specifically, because he wanted every-
thing connected with any correspondence between me and
him.
Q. In going through your file, did you try to search out
for any correspondence between Governor Lee and yourself?
A. He had a great interest in my correspondence I had
with Governor Lee.
Q. You did go through and search out—
A. Yes.
e e s e e e @
[414]
Q. I would like to hand you Document No. 177. Do you
have this document in front of you?
A. Yes.
[415]
Q. You see it refers to Chicago Bridge and Iron. Is this
one of the documents that was in your file in October, 1969?
A. Yes.
Q. Is it one of the documents you made available to Mr.
Hollander?
A. Yes.
Q. Whose handwriting is this down in the lower left-
hand side?
— ee late tara. Case arsine BT utes a. wedine Tramts o
605
A. That’s mine.
Q. Did the handwriting have to do with supplying petro-
leum products to American Samoa?
& wa.°°*
. e . . * * *
[416}
Q. I would like to hand you Document 179. Do you
have this document in front of you?
A. Yes.
* - * o o * e
Q. Is it one of the documents that was in your files in
October, 1969?
A. Yes.
Q. Is it one of the documents you made available to
Mr. Hollander?
A. Idon’t recall whether I did.
* * * * eo o e
[418]
Q. I would like to hand you Document No. 181. Do you
have that document in front of you?
A. Yes.
* * -_ . oe * eS
Q. Is it one of the documents that was in your file in
October, 1969?
A. Yes.
* o e ° a * e
Q. And is this one of the documents you made available
to Mr. Hollander?
A. Tdon’t know whether it is or not.
= = e 2 = o 7
606
Q. I would like to hand you Document 182. Do you have
that document in front of you?
A. Yes.
* * eo * e s eo
Q. Was this one of the documents that was in your
[419]
file in October, 1969?
A. Yes.
Q. Was it one of the documents you made available to
Mr. Hollander?
A. Yes.
[420]
. a e e e * *
Q. I would like to hand you Document No. 188. Do you
have this in front of you?
A. Yes.
Q. Is it one of the documents that was in your files in
October, 1969?
A. Yes.
Q. Is it one of the documents that you made available to
Mr. Hollander?
[421]
A. Yes.
[423]
@ s se es @ o @
Q. I would like to hand you Document No. 192-194, and
I will ask you, have vou seen this document before?
A. Yes.
Q. Is this a letter from Mr. Johrde concerning the
petroleum storage tanks in American Samoa?
607
A. Yes.
Q. Was it one of the documents you had in your files in
October, 1969?
A. Yes.
Q. Was it one of the documents you made available to
Mr. Hollander?
A. I don’t know whether it was made available to
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