Notice, Application by Defendants to Use Deposition of Witness at Trial and Affidavit of Representative Charlie Brady Hauser

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lplaintiffs,

IN TIIE UNITEI} STATES DISTRICT EOURT
rCR TIIE EASTERI.I DISTRICT OT NORTH CAROLINA

RALEIGH DIVISION

vs. )
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RUFUS EDMTSTEN, et a1., )

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fr<
No. 81-803-CrV-5.

FII.ED
JUL 26 ,CIF]

I !.R,CH LEOI\Defendants. . )i u:-s.pr!#,Hitr^
-and- ) EDlSnN

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ALAN V, PUFH, €t a1., ) tto. gI-1066-C-tV_5

)Plaintiffs, ) 
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,t. I
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.faf'lfS B. HUNT, JR., €t aI., )

Defendants. I
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-and- )

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JOIIN J. CAVANAGH, et a1., ) No. 82-545-CIV-5

)
Plaintiffs, )

)vs. )
)

ALEX K. BRQCK, et dl., )-)
Defendants. )

NOTICE

TO ALL COUNSEL:

.Please take note that Defendants wilr bring on for
' hearing the ati'ached Application by Defendants to use Deposition
of Witness at 8ria1 in the United States District Court for the



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East District of North Carolina at 10:00 a.m. Tuesday, JuIy 26,

1983, or as soon thereafter as it can be heard, for the use

of the deposition of Representative Charl-ie Brady Hauser in

lieu of testimony at the trial of this matter.



a.

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IN TIIE UI'IITED STATES DTSTRICT coURT
FOR TIIE EASTERI{ DISTRICT OF NORTH CAROLINA

RALEIGH DIVTSION

RALPH GINGLES, et aI.,

Plaintiffs,

vs.

RUFUS EDMISTEN, et a}.,
Defendants.

-and-

ALAN V. PQGH, €t a}.,
I

Plaintiffs,

vs.

,IAIIIES B. HUNT, JR., et aI,,
Defendants.

-and-

JOHN J. CAVAI'{AGH, et dl_. ,

Plaintiffs,

vs.

BryCK, €t al. ,

Defendants.

No.81-803-CrV-5

No. 81-1066-CIV-5

No.82-545-CrV-5

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ALEX K.

APPLICATION BY DEF'ENDANTS TO
USE DEPOSITION OF WITNESS AT TRIAL

NOW COME Defendants, pursuant to Rule 32(a) (3)(E) of the
Federal Rules of civil procedure, and make application to the
Court to allow the use of the deposition of the witness Charlie
Brady Hauser at triar in lieu of orar testimony in open court.



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In support whereof Defendants assert that such exceptional

circumstances exist as to make it desirable in the interest of
justice to arlow the use of said. deposition for triar. Repre-

sentative Charlie Brady Hauser, who suffered a heartattack this
year and suffers from an uIcer, has long standing plans to
attend a reunion with his former comrades-in-arms, the 5}2nd,/

64lst.ordinance Ammunition company, with whom he served during

world war rr. The reunion is being herd in chicago, rrrinois,
and Representative Hauser and his wife have travel arrange-

ments to leave the State on July. 26, 1983. Representative

Hauser has long standing plans for him and. his wife to remain

in the chicago and Detroit area to visit with famiry members

and will not return to North Carolina until sometime on or

after August 8, 1983. These plans were made prior to the time

this matter was set for trial and before Defendants identified
Representative Hauser as a potential witness.

In. addition, Representative Hauserrs mother is terminally
iII from cancer in Yadkin County, North Carolina. With the

length of the legislative session, the General Assembly

ad.journed July 22, 1983, this may be the only opportunity

for some time for Representative Hauser and his wife to travel
or leave North Carolina on a trip that holds a great deal of
personal meaning to the Representative and his wife.

Counsel for the Gingle and Pugh Plaintiffs were served

with notice of deposition stating that Defendants i-ntended to
use the deposition of Charlie Brady Hauser in lieu of oral
testimony at trial Gingle Plaintiffs initially had subpoenaed



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Hauser for deposition on the date on which the deposition was

taken, but "released" Hauser from their subpoena upon'learning

of Defendants intentions to use said deposition at trial.

In support of this application, Defendants have attached

the Affidavj-t of Representative Charlie Brady Hauser, which

is hereby incorporated by reference as if ful1y set forth

herein..

WHEREFORE for the reasons stated., Defendants respectfulty

iequest the Court to a1low the use of the Charlie Brady Hauser

deposition in f -i.eu of oral testimony at tria1.

rhis the )G day of Ju1y, 1983.

RUFUS L.
ATTORNEY

,A"wllillL'T
n4p",tv Attorne y//cener at f or

\[y'gal Affai-r{
Attorney Generalrs Office
N" C. Department of Justice
Post Office Box 629
Raleigh, North Carolina- 27602
Phone (919) 733-3377



AFFIDAVIT

Representative Charlie Brady Hauser, being duly sworn,
deposes and says:

1. I am an elected representative from the five-member

39th House District which includes most of Forsyth County,

North Carolina.

2. Itly wife and I have long standlng plans to attend a

reunion of the members of the 582nd/64Ist Ordinance Ammunition

Company with whom I served during World War II. These plans

were made prior to the time the Defendants contacted me as a

potential witness for trial.
3. The reunion is being held in Chicago, Illinois, and

my wj-fe and r have travel arra.ngements to leave the state of
North carolina on JuIy ,{i'#r. we have also had long

standing plans to remain in the chicago and Detroit area to
visit with family members and will not return to the State

until sometime on or after August 8, 1983.

4. I suffered a heart attack at the first of this year

and also suffer from an ulcer. with the length of the legis-
lative session, adjournment not coming until July 22, 1983,

this trip not only has a great dear of personal meaning to me

but is also a much needed rest and vacati-on.

5. Itly mother, who resides in Yadkin County, is terminally
il1 from concer which means r will not have the opportunity to
travel for sometime and courd in fact be carled back during

this trip.



Representative Charlie

states that he has read the

hj-m, and that the contents

knowledge.

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Brady Hauser, being

foregoing Affidavit

are true to the best

duly sworn,

subscribed by

of his personal

Sworn to and
this o?Sa

subscribed before me
day of July, 1983.

OFFICIAL SFSL
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tr#Ll;1by',3i t'r n rur c:r o rln a

GLENDA I(. LAIi?D

Ivly Commission Expires :

ATIVE CHARLIE B HAUSER



CERTIF'ICATE OF SERVICE

I hereby certify that I have this day served the fore-
going Notice and Application by Defendants to use Deposition

of Witness at Trial by hand delivery personally to:

Ms. Leslie Winner
Chambers, Ferguson, Watt, Wa11as,

Adkins & Fuller, P.A.

Ms. Lani Guinier

Mr, Arthur J. Donaldson
Burke, Donaldson, Holshouser & Kenerly

Mr. Robert N. Ilunter, Jr.
Hunter, Hodgman, Greene & Goodman

The the day of July, 1983.3/,