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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF IOWA
EASTERN DIVISION



UNITED STATES OF AMERICA,    

                  Plaintiff,

                  v.

MERCY HEALTH SERVICES and
FINLEY TRI-STATES HEALTH
GROUP, INC.,

                  Defendants.


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Civil Action No. C94-1023

Hon. Michael J. Melloy

UNITED STATES' SECOND
AMENDED NOTICE OF DEPOSITIONS



UNITED STATES' SECOND AMENDED
NOTICE OF DEPOSITIONS

    TO: David A. Ettinger, Esq.
    Howard B. Iwrey, Esq.
    Honigman Miller Schwartz and Cohn
    2290 First National Building
    Detroit, Michigan 48226-3583

    James D. Hodges, Esq.
    Shuttleworth & Ingersoll, P.C.
    Firstar Bank Building
    P.O. Box 2107
    Cedar Rapids, Iowa 52406-22107

The United States notifies the defendants, pursuant to Fed. R. Civ. P. 30(b), that it will take depositions upon oral examination by stenographic means and videotape of the persons listed below commencing at the times and dates indicated. In this Second Amended Notice, the changes to the previous notice are indicated in italics. Barry Harris' deposition will take place at the United States Department of Justice, Antitrust Division, 555 Fourth Street, N.W., Room 9901, Washington, D.C. Duncan Gallagher's deposition will take place at the United States Attorney's Office, 234 U.S. Courthouse, 110 South 4th Street, Minneapolis, MN 55401. Roger Tracy's deposition will take place at the U.S. Attorney's Office, 425 2nd Street S.E., Ground Transportation Center, Suite 950, Cedar Rapids, Iowa. The remaining witnesses will be deposed at the Cycare Plaza Building, 740 Cycare Plaza, Dubuque, Iowa.

The dates and times of each deposition are noted below. If necessary, each deposition will be continued from day to day or be adjourned until completed.
Deponent Date Time

Mr. Lynn B. Fuller
Dubuque Bank & Trust
1398 Central
Dubuque, Iowa 52004-0778
(planned DRHS board member)

August 19, 1994 8:30 a.m.

Mr. Steven P. Sesterhenn
Cycare Systems, Inc.
One Cycare Plaza, Ste. 500
Dubuque, Iowa 52001

August 19, 1994 1:00 p.m.
Barry Harris, Ph.D.
Economists, Inc.
12323 20th St., N.W.
Ste. 600
Washington, D.C. 20036
August 31, 1994 8:30 a.m.
Mr. Roger Tracy
University of Iowa
College of Medicine
Room 287 ML
Iowa City, Iowa 52242-1181

August 22, 1994 8:30 a.m.
Mr. Duncan Gallagher
KPMG Peat Marwick
4200 Norwest Center
Minneapolis, MN 55402-3700


August 25, 1994 9:00 a.m.
R. W. Lengeling, M.D.
Dubuque Internal Medicine, P.C.
1515 Delhi Street
Dubuque, Iowa 52001

August 23, 1994 8:30 a.m.
Keith A. Shaw, M.D.
The Finley Hospital
350 North Grandview Avenue
Dubuque, Iowa 52001

August 23, 1994 1:00 p.m.
Rule 30(b)(6) Deposition
Mercy Health Services
August 17, 1994 8:30 a.m.

Subject Matters:

  • Money transfers and/or capital redistributions between Mercy Health Center and any of its parents or affiliates since January 1, 1989.
  • Defendants' statement in "An Analysis of the Formation of Dubuque Regional Health System" that "[A]ll purchasers, including Deere, are likely to have benefited significantly from the Ottumwa merger."
  • The preparation and dissemination of promotional materials regarding DRHS.
  • The efficiencies that may or will be achieved as a result of the proposed partnership between Mercy Health Center and The Finley Hospital.

Rule 30(b)(6) Deposition
Finley Tri-States
Health Group, Inc.
August 15, 1994 8:30 a.m.

Subject Matters:

  • Defendants' statement in "An Analysis of the Formation of Dubuque Regional Health System" that "[A]ll purchasers, including Deere, are likely to have benefited significantly from the Ottumwa merger."
  • The preparation and dissemination of promotional materials regarding DRHS.
  • The efficiencies that may or will be achieved as a result of the proposed partnership between Mercy Health Center and The Finley Hospital.

Rule 30(b)(6) Deposition

The Rule 30(b)(6) deposition notice for Peat Marwick has been withdrawn.

DATED: August 11, 1994 _______________/s/________________
Mary Beth McGee
Eugene D. Cohen
Jessica N. Cohen
U.S. Department of Justice
Antitrust Division
555 4th Street, N.W., Room 9421
Washington, D.C. 20001
Tel: (202) 307-1027
Fax: (202) 514-1517
Attorneys for the United States