Free Response in Opposition to Motion - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MEADOWLARK LEMON, a married man, Plaintiff, vs. HARLEM GLOBETROTTERS INTERNATIONAL, INC., et al. Defendants. FRED "CURLY" NEAL, et al., Plaintiffs, vs. HARLEM GLOBETROTTERS INTERNATIONAL INC., et al., Defendants. HARLEM GLOBETROTTERS INTERNATIONAL, INC., an Arizona corporation, Counter-claimant, vs. MEADOWLARK LEMON, a married man, Counter-defendant. AFFIDAVIT OF PHILIP S. ANDERSON Case Nos. CV 04 0299 PHX DGC and CV 04- 1023 PHX DGC

STATE OF ARKANSAS COUNTY OF PULASKI

) ) ss. ) AFFIDAVIT OF PHILIP S. ANDERSON

PHILIP S. ANDERSON, being first duly sworn, states the following:

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1.

I am an attorney licensed to practice in the State of Arkansas, and I was an

attorney for Harlem Globetrotters, Inc. and Metromedia Inc. in the case entitled Ausbie and Neal v. Harlem Globetrotters, Inc. and Metromedia, Inc., United States District Court, Eastern District of Arkansas, Little Rock Division, Case No. CIV-LR-C-85-643. 2. I have been furnished with and asked to identify the attached copies of documents

entitled Answer and Demand for Jury Trial dated October 8, 1985, Defendants' Responses to Requests for Admission dated January 29, 1986, and Defendants' Answer to Interrogatories and Responses to Requests for Admission dated January 29, 1986. 3. I can identify the signature on the pleadings as copies of my signature. The

pleadings appear to be regular with the exception of the handwritten notes in the margin, which are not mine. The exhibits to the pleadings also appear to be regular on their face, but I cannot swear that they are true and correct copies because it has simply been too long since I last saw these pleadings, which was twenty or more years ago. I have not had custody or control of the copies of pleadings and exhibits furnished to me for identification. I believe that my files containing these pleadings were destroyed in the ordinary course of business many years ago. 4. I am competent to testify to the above, and would so testify if I appeared in court

as a witness at the trial of the above matter.

____________________________________ Philip S. Anderson

SUBSCRIBED AND SWORN to before me this ___ day of May, 2006. ____________________________________ Notary Public, State of Arkansas My Commission Expires on ________________.

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