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The president and general manager of the Harvard Student Agencies will have to answer questions on the finances of the 1961 edition of "Let's Go: A Student Guide to Europe" during a deposition session this morning.
At a brief hearing yesterday, the HSA lost its bid to prevent John A. Marlin '62 or his lawyer, George Waldstein '46, from asking about HSA's financial dealings on the 1961 guidebook when they take the sworn depositions today from HSA president G. Oliver Koppell '62 and general manager Dustin M. Burke '52.
But U.S. District Judge Francis J. W. Ford did grant HSA's request to bar questions on the finances of the 1962 "Let's Go." He ruled that disclosing information on this subject would be premature since it relates to damages HSA might have to pay Marlin before HSA's liability has been established.
The depositions are the first move in the pre-trial discovery phase of Marlin's suit against the HSA over rights to "Let's Go." Under a subpoena served Saturday and a previous notice, Burke will have to bring with him to the depositions all HSA records concerning the 1961 guide and the way HSA obtained the text of the 1962 "Let's Go." The depositions will be taken in the library of the Boston Bar Association at 10 a.m.
After he gave his ruling, Judge Ford denied an informal request by HSA lawyer Harold Rosenwald '27 to exclude members of the press from the depositions. Rosenwald cited previous articles about the case in the CRIMSON. But Judge Ford said, "I do not want to get involved with rights of the free press."
In its motion to limit the scope of the depositions, the HSA alleged that producing records and disclosing information on the finances of "Let's Go" would be "unjustly annoying" and "oppressive" to it. The motion added that "the disclosure of all such confidential matters would injure it in respect of matters unrelated to this action."
Meanwhile, the May 7 hearing on YTC Universal's motion to dismiss the portion of the suit against it has been cancelled because lawyers on both sides will be unavailable. A new date will be set shortly. Marlin has listed YTC, a travel agency which co-sponsored the 1961 "Let's Go," as co-defendent with the HSA in his suit.
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