Correspondence on Bonneville Unit of Central Utah Project

Page 167

SIERRA CLUB LEGAL DEFENSE FUND, INC by Ansel Adams in This is the American Earth JAMES W. MOORMAN Executive Director BARRY A. FISHER JOHN D. HOFFMAN LAURENS H. SILVER Staff Attorneys, San Francisco H. ANTHONY RUCKEL Staff Attorney, Denver January 24, 1974 Mr. Bruce Terris 1908 Sunderland Place NV Washington, D.C. 20036 Re: Central Utah Project; Deposition of Nathaniel Reed Dear Bruce: This is a brief note to summarize my somewhat hurried and incom­plete phone conversation regarding the above. In the above litigation we are faced with a preliminary injunction hearing which will be set on short notice on or about February 11 f 1974. A critical witness for both the hearing and subsequent trial is Nat Reed. Since he is beyond the jurisdiction of the Utah District Court and is not himself a defendant, we desperately need his deposi­tion. V7e have attempted to obtain his deposition by agreement, having offered the dates of January 30 through February 1 to the U.S. Attorney's office in Utah. The U^S. Attorney has been unable to get an answer from Washington. Therefore, I began subpoena procedures. The procedure I am following is set forth in Volume 5A, Moore/s Federal Practice, page 1748 (section 45.07). In short, Curtis Oberhansly, Esq., of Salt Lake City has forwarded to you a copy of the Notice of Taking Deposition of Hat Reed on February 4 in your office, said notice incorporating materials required. This notice has been certified by the Clerk of the U.S. District Court in Utah. Curt has also sent you a subpoena duces tecum which should be signed by yourself as attorney for plaintiffs at your address. Note that service may be made by a process server, so long as his affidavit San Francisco: 3 11 California Street, Suite 311, 94104; Telephone [phone] Denver: 508 Majestic Bldg., 209 16th Street, 80202; Telephone [phone]