UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ROLAND H. BOGGS, Plaintiff, -against WILLIAM J. CASEY, Defendant. 150 Broadway New York, N. Y. February 14, 1963 2:30 o'clock P.M. DEPOSITION OF WILLIAM J. CASEY, taken by the Plaintiff, pursuant to Stipulations dated February 6, 1963. MESSRS. HALL, CASEY, DICKLER, HOWLEY & BRADY, 500 Fifth Avenue New York, N. Y. BY: GREGORY H. DOHERTY, ESQ., of Counsel. 2 IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, through their respective counsel, that sealing, certification and filing shall be and the same are hereby waived; IT IS FURTHER STIPULATED AND AGREED that the within examination may be signed before any Notary Public with the same force and effect as if signed and sworn to before the Court; IT IS FURTHER STIPULATED AND AGREED that all objections, except as to the form of the question, shall be reserved to the time of the trial; IT IS FURTHER STIPULATED AND AGREED that a copy of the within examination shall be furnished to the attorneys for the Defendant, without charge. 17 18 J. 000 CASEY, having been first duly sworn by a Notary Public of the State of New York, was examined and testified as follows: 19 BY MR. PERSKY: 20 Q Please state your full name and address. William J. Casey, Glenwood Road, Roslyn Harbor, New Q Mr. Casey, are you familiar with a company known as 10 11 12 13 14 3 Q Would you please tell us how this company first came to your attention? Well, I was a stockholder in a company called Cold Cathode and the principal officer of that company was a man named Abner Beyer, and he brought to my attention that he had been discussing the possibility of merging the Cold Cathode business with a company known as Advancement Devices. Did you hold any office in Cold Cathode? I don't remember. I can find out. I don't remember. That would include director or officer. I am not sure. I wasn't actively engaged in the I might have been a director. Approximately what time are we talking about? Was this 1960 or 1961? 15 A This was 1960. It was the middle of 1960. 16 17 18 . Q. What did happen in regard to that proposed merger? Mr. Beyer worked out this merger with Mr. George Doundoulakis and the two companies were combined. Q Was that by way of merger, or had it become a sub were issued for all the stock of Advancement Devices and the name of Cold Cathode was changed to Advancement Devices. I think that was the form that the transaction took. 25 Q : How many stockholders were there in Cold Cathode prior to this merger or joining? own Oh, I would say there were nine or ten. Approximately what percentage of the stock did you My recollection is I owned something like four or five percent. Was this received because of a cash investment? How many shares of the combined corporation, which was then known as Advancement Devices, did you receive? A : I believe I received 16 shares out of 400. Q What happened after this, which we will call merger for the purposes of discussion. AM Mr. George Doundoulakis was elected president of the corporation and Mr. Beyer became vice president and the busineas continued under their management. Q Did there come a time when you were elected to a position on the board of directors? A Yes; I was elected a director. They asked me to be a director of the combined corporation and I became a director I guess immediately after the merger. Q Now, after the merger, did you make any further in vestment in Advancement Devices? 5 A Yes; I did In about May or June of 1961 I acquired an additional 12 shares for an investment of $12,000. 14 15 16 17 18 19 20 21 A Was there a further investment after that? Yes; there were two further investments. Somewhere towards the latter part of 1961 or the early part of 1962, I acquired another block of shares, something in the neighborhood of 20 shares, maybe a little wore, maybe a little less. Å Yes; there was a subsequent investment in the company which was made in the middle of 1952, and that investment was also about $20,000, and at the same time I loaned Mr. Harry Pinkerton $20,000 and he made an investment of $20,000, and I really don't know what the price was. There was a split of the stock and the stock was substantially devalued. I would have to check that. Who were the other directors during this period, say commencing from the time of the merger? 22 23 A George Doundoulakis, Abner Beyer, Alan Edwards, and another employee, his name was Durakis; one of the people that 24 came with the group. I never did get his name clear. 25 Q Were there regular monthly meetings of the board of |