Guiang, Mary Algen e.-discovery

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    BY: GUIANG, MARY ALGEN E.

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    Under the Rules of Court, discovery means thedisclosure by a party litigant of facts, deeds,

    documents or other things which are in hisexclusive knowledge, control or possession, andwhich are necessary to the party seekingdiscovery as a part of a cause of action pendingor as evidence of his title or rights in such

    proceedings.

    http://images.search.yahoo.com/images/view;_ylt=A2KJkewkO5ZO8FkAGemJzbkF;_ylu=X3oDMTBlMTQ4cGxyBHNlYwNzcgRzbGsDaW1n?back=http://images.search.yahoo.com/search/images?p=detective&ei=utf-8&fr=sfp&b=1&tab=organic&w=747&h=516&imgurl=4.bp.blogspot.com/_eQrgJbrh5sU/S-6KSIozwHI/AAAAAAAAANE/ui6YtTGIAms/s1600/Detective.jpg&rurl=http://stupidation.blogspot.com/2010/07/detective-story-mr-farmers.html&size=45.5+KB&name=Stupidation:+A+Detective+Story+:+Mr.+Farmer&
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    This chapter deals about depositiontaking of the three parties in the Woburncase- Anderson, et al, Beatrice, and W.R.Grace.

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    Schlitmanns first witness, RichardAufiero was so emotional during thedeposition taking and Schlitmann cant helphimself from being overprotective of him. By

    the end of his deposition taking, Richard hadtears in his eyes. The depositions of 13Woburn adults took up one whole month,each deposition taking as emotional as thenext.

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    Schlitmann began his own series ofdepositions. He turned his attention to Grace.This is when he found Al Love.

    Al Love worked at the sheet metaldepartment of W.R. Grace since 1961.Schlitmann felt that Love might have difficulty

    abandoning his self-respect enough to lieand he was right.

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    Schlitmann started asking about Lovesfamily and children, and objections camewith every questions.

    Love could not understand whyCheeseman was trying to object to questionsabout his familys health.

    Cheeseman was supposed to be on hisside, but it seemed to him as if Schlitmannwas his ally.

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    Three weeks after the deposition taking,Schlitmann was invited at the Loves house, andLove told him everything he knew about thedumping of wastes practice of W.R. Grace.

    Love also referred Schlitmann to otherW.R. Graces employees who knew of thedumping practice. Through Als help, Schlitmann

    found that everyday during five years, employeeswould dump waste into the gully.

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    Cheeseman did not, and could not fireAl Love.

    He knew that if he did so, Schlitmann

    would turn him into a martyr. Cheesemantold Love Its your right to find out whathappened around here that might affect theenvironment. But Cheeseman made it clear

    that Love could not speak Schlitmann again,or the company would have no choice but tofire him.

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    As for Beatrice, Jan Schlitmann hadtaken only one deposition, that of John J.Riley, manager of Beatrice tannery which hadnot gone so well.

    The tanner had answered his questionswith open contempt and Jan responded in like

    manner. Riley denied repeatedly that thetannery had used TCE. Never, said thetanner, Never.

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    Jan thought he found the perfectwitness against Beatrice in the person of Dr.Bernard Turner, but he soon realized he wasmistaken.

    He asked Turner how, as a boy, hedbeen able to remember all those complicated

    names- xylene, toluene, butyl alcohol andtrichloroethylene.

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    The doctor explained he used to look upthe names in a chemistry book hisgrandfather gave him.

    Schlitmann find Dr. Turners story aspompous and self-important, fantastic even.

    Schlitmann knew he couldnt risk

    putting Turner on the witness stand. Hisperfect witness had turned into a triallawyers nightmare.

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    The period for discovery ended, andSchlitmann was left hanging and stillunprepared.

    So much had been done and yet solittle had been gained.