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To: Bill Ulrich who wrote (22205)4/9/1999 7:48:00 PM
From: Janice Shell  Read Replies (1) | Respond to of 26163
 
15 Q. I think you've -- you've answered the question. Thank

16 you.


Montal really IS good, isn't he?



To: Bill Ulrich who wrote (22205)4/9/1999 8:06:00 PM
From: Bill Ulrich  Respond to of 26163
 
(&#133more from Montal/Quiel)

21 Q. Now I believe your counsel asked you -- excuse me, not
22 your counsel but plaintiff's counsel asked you for your
23 opinion whether it would be appropriate for the Depository
24 Trust Company to have given a credit to J. B. Oxford's account
25 on or about May 21, 1998, for the 4 million shares if they did

ASSOCIATED REPORTERS OF NEVADA (702} 382-8778
QUILL - CROSS 237

1 not have physical possession of this certificate. And I

2 believe you said it would be --
3 THE COURT: If they r_ being who?
4 BY MR. MONTAL:
5 Q. If the Depository Trust Company did not have physical
6 possession of the certificate. And I believe your answer to
7 that question was that it would be improper; do you recall
8 that?
9 A. Yes.
10 Q. And if in fact the Depository Trust Company did have
11 physical delivery of a share certificate representing 4
12 million shares that was in good deliverable form, do you still
13 have the same opinion?
14 THE COURT: Now what do you mean by good deliverable
15 form?
16 MR. MONTAL: I'd be happy to explain that to the
17 Court or --
18 THE COURT: Explain it to me and the witness as well
19 so that he knows what you mean by it.
20 MR. MONTAL: Sure. When I refer to good deliverable
21 form I'm referring to a certificate that is valid on its face,
22 that does not bear any restrictive legends, and that is
23 properly endorsed on its back.
24 THE WITNESS: Would I think that'd be improper? Or
25 proper? Is that what you're asking me?

ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
238 QUILL- CROSS

1 BY MR. MONTAL:
2 Q. well, I think I'd better rephrase the question You
3 testified earlier when counsel for plaintiff asked you whether
4 it would be improper for the Depository Trust Company to have
5 given a credit to J. B. Oxford's account for 4 million shares
6 of Amazon stock if they did not have physical possession of --
7 if the Depository Trust Company did not have physical
8 possession of a certificate. And your answer to that question
9 was that it would not be proper, correct?
10 A. That's correct.
11 Q. And my question to you now is whether if the Depository
12 Trust Company had physical possession of a certificate
13 representing 4 million shares and that certificate was in good
14 deliverable form in the way we've just described it, would
15 your opinion remain the same?
16 A. No.