Appendix — Standard Oil Co. of Cal. v. United States

Supreme Court brief1976

Ask Donna

What actually matters in this document.

Text

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

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Appendix — Standard Oil Co. of Cal. v. United States · 429 U.S. 17 | Frix