Free Affidavit - District Court of Connecticut - Connecticut

Case 3:03-cv-01014-JBA

Document 74

Filed 06/18/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

: : : : : Plaintiffs, : : v. : : ARTHUR LOVETERE, CECIL URSPRUNG, LOUIS J. : BACCEI, WORTH LOOMIS, THEODORE : PATLOVICH, STEPHEN J. RAFFAY, WILLIAM P. : ROWLAND, PETER EIO (individually and in their capacity as members of the Board of Directors of Reflexite : : Corporation) and REFLEXITE CORPORATION, : : Defendants. H. JONATHAN FRANK and FRANK FAMILY 1996 TRUST (on behalf of themselves and REFLEXITE CORPORATION),

Civil Action No. 3:03-CV- 1014 (JBA)

JUNE 17, 2004

AFFIDAVIT OF TERENCE J. GALLAGHER Terence J. Gallagher hereby deposes and says as follows: 1. I am counsel to the law firm of Day, Berry & Howard LLP, attorneys for

plaintiffs H. Jonathan Frank and The Frank Family 1996 Trust. I submit this affidavit in support of Plaintiffs' Opposition to Reflexite Corporation's Motion to Dismiss. 2. Attached as Exhibit 1 is a copy of excerpts from the deposition of Louis J. Baccei

taken March 16, 2004 together with copies of Exhibits 3, 8, 11 and 13 marked for identification at that deposition. 3. Attached as Exhibit 2 is a copy of excerpts from the deposition of Peter Eio taken

March 31, 2004. 4. Attached as Exhibit 3 is a copy of excerpts from the deposition of Peter W. Hull

taken April 22, 2004.

Case 3:03-cv-01014-JBA

Document 74

Filed 06/18/2004

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5.

Attached as Exhibit 4 is a copy of excerpts from the deposition of Worth Loomis

taken March 24, 2004 together with copies of Exhibits 4 and 5 marked for identification at that deposition. 6. Attached as Exhibit 5 is a copy of excerpts from the deposition of James I.

Lotstein taken April 22, 2004. 7. Attached as Exhibit 6 is a copy of excerpts from the deposition of William Platt

Rowland taken March 24, 2004 together with a copy of Exhibit 7 marked for identification at that deposition. 8. Attached as Exhibit 7 is a copy of excerpts from the deposition of Cecil Ursprung

taken April 22, 2004. 9. Attached as Exhibit 8 is a copy of a document dated April 19, 2003 and bearing

Bates number CL01757.

_______________________________________ Terence J. Gallagher Sworn to before me this 17th day of June 2004

_____________________________________ Notary Public

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Case 3:03-cv-01014-JBA

Document 74

Filed 06/18/2004

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CERTIFICATE OF SERVICE I hereby certify that on June 18, 2004 a true copy of the foregoing document was served by U.S. Mail, postage-prepaid, upon all counsel of record.

James T. Cowdery, Esq. Sarah A. L. Merriam, Esq. Cowdery, Ecker & Murphy, L.L.C. 750 Main Street Hartford, CT 06103-2703 (860) 278-5555 James T. Shearin, Esq. Pullman & Comley, LLC 850 Main Street, P.O. Box 7006 Bridgeport, CT 06601-7006 (203) 330-2000

Edward F. Spinella, Esq. Rdid and Riege, P.C. One Financial Plaza Hartford, CT 06103 (860) 240-1045

Craig A. Raabe, Esq. Jason M. Kuselias, Esq. Robinson & Cole LLP 280 Trumbull Street Hartford, CT 06103-3597 (860) 275-8299

Terence J. Gallagher

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