52 



[Exhibit 12 follows:] 



Philip Morris Research Center, 

 P.O. Box 26583, Richmond, VA. August 30, 1983. 

 Herbert Barry, III, Ph.D., 

 University of Pittsburgh, 

 School of Pharmacy, Pittsburgh, PA 



Dear Dr. Barry: I regret to inform you that due to factors beyond my control 

 I must withdraw our manuscript #8381400 from consideration as a publication in 

 Psychopharmacology. 



Please accept my sincerest apology. 

 Sincerely, 



Victor J. DeNoble, Ph.D., Associate Senior Scientist. 



Mr. Waxman. Does the gentleman want additional time? 



Mr. Wyden, Yes, if that would be acceptable. Maybe a couple of 

 more questions at this point would be helpful, Mr. Chairman. 



Now, Dr. DeNoble, you were scheduled to go to California to 

 present your work before the American Psychological Association. 

 This was supposed to be a process, a program of a poster presen- 

 tation. What is that, and what happened to your presentation? 



Mr. DeNoble. Well, a poster presentation is very much like the 

 posters you have over here. You would take an introduction of what 

 the experiment was, a title, and you put all your results up, and 

 you put your conclusions up. It's basically a 3-hour poster session 

 in which you stand by the presentation for at least an hour, a mini- 

 mum of an hour, and discuss your research with other scientists 

 who are at the meeting. 



Mr. Wyden. Were you told by the top management at Philip 

 Morris that you couldn't make a poster presentation? 



Mr. DeNoble. Yes, we were. I was. 



Mr. Wyden. And did they tell you why you couldn't make a post- 

 er presentation? 



Mr. DeNoble. It had to do with the effects that — facts that this 

 would not look good in the current litigation. 



Mr. Wyden. OK. At that time, did you get a visit from a small 

 battalion of lawyers at Philip Morris, over at your lab? 



Mr. DeNoble. Well, a couple of them came, yes. We did get vis- 

 ited by several attorneys. 



Mr. Wyden. Three or four, or how many? 



Mr. DeNoble. Give me a second, please. 



[The witness confers with Mr. Mele.] 



Mr. DeNoble. There were at least three attorneys. 



Mr. Wyden. OK. And they basically set up shop next to your lab 

 and brought their xerox machine and started rummaging around 

 your documents and files? 



Mr. DeNoble. They did go through my files; they went through 

 Paul's files as well. They took documents and placed them in red 

 folders. These red folders were then documents that they would 

 photocopy. They did not remove anything from the lab, they just 

 photocopied everything they thought was important. 



Mr. Waxman. Will the gentleman yield to me? 



For the record, do you recall the names of any of those attorneys? 



Mr. DeNoble. Yes. There was Fred Newman. I believe he was 

 a corporate attorney from New York. Rhonda Fawcett, who was 

 from an agency called Shook, Hardy, and Bacon, in Kansas City; 

 and her two supervisors, and I do not remember their names. 



