STATE OF MINNESOTA DISTRICT COURT

COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT

Case Type: Other Civil

THE STATE OF MINNESOTA,

COURT FILE NO. C1-94-8565

BY HUBERT H. HUMPHREY, III,

ITS ATTORNEY GENERAL,

and

BLUE CROSS AND BLUE SHIELD

OF MINNESOTA

Plaintiffs,

vs.

PHILIP MORRIS INCORPORATED,

R.J. REYNOLDS TOBACCO COMPANY,

BROWN & WILLIAMSON TOBACCO

CORPORATION, B.A.T. INDUSTRIES

P.L.C., LORILLARD TOBACCO COMPANY,

THE AMERICAN TOBACCO COMPANY,

LIGGETT GROUP, INC., THE COUNCIL

FOR TOBACCO RESEARCH - U.S.A., INC.,

and THE TOBACCO INSTITUTE, INC.,

Defendants.

AFFIDAVIT OF PAUL R. DIESETH IN SUPPORT OF DEFENDANTS'

MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY THE

STATE OF MINNESOTA CONCERNING ADDICTION TO, YOUTH

ACCESS TO, AND STATE INVOLVEMENT IN GAMBLING

STATE OF MINNESOTA )

) ss.

COUNTY OF HENNEPIN )

Paul R. Dieseth, being duly sworn on oath, deposes and states:

1. I am an attorney with the firm of Dorsey & Whitney LLP, and am one of the attorneys representing Philip Morris Incorporated in this matter. The facts stated herein are known to me of my own personal knowledge and, if called upon as a witness, I could and would testify competently to them.

2. Attached hereto as Exhibit A is a true and correct copy of the State of Minnesota's Responses and Objections to Defendants' Sixth Request for Production of Documents.

3. Attached hereto as Exhibit B is a true and correct copy of excerpts from the transcript of the October 10, 1996 telephonic meet and confer.

4. Attached hereto as Exhibit C is a true and correct copy of excerpts from Philip Morris Incorporated's Response to Plaintiff's First Set of Requests for Production of Documents.

5. Attached hereto as Exhibit D is a true and correct copy of excerpts from Philip Morris Incorporated's Responses to Plaintiffs' First Set of Interrogatories.

6. Attached hereto as Exhibit E is a true and correct copy of Minnesota State Lottery Fiscal Year 1994 Annual Report.

7. Attached hereto as Exhibit F is a true and correct copy of "Dead Broke: How gamblers are killing themselves, bankrupting their families and costing Minnesota millions," Minneapolis Star-Tribune, Dec. 3, 1995, A1.

8. Attached hereto as Exhibit G is a true and correct copy of "Dead Broke: Prevention starts with education, awareness," Minneapolis Star-Tribune, Dec. 6, 1995, A16.

9. Attached hereto as Exhibit H is a true and correct copy of State of Minnesota Advisory Council on Gambling, Final Report to the Legislature and Governor (Feb. 1, 1996).

10. Attached hereto as Exhibit I is a true and correct copy of excerpts from American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, 243-47, 615-18 (4th ed. 1994).

11. Attached hereto as Exhibit J is a true and correct copy of "Dead Broke: Minnesota is unsure how best to help gamblers and treatment efforts have been unaccountable," Minneapolis Star-Tribune, Dec. 6, 1995, A1.

12. Attached hereto as Exhibit K is a true and correct copy of Hickey, Haertzen, and Henningfield, "Simulation of Gambling Responses on the Addiction Research Center Inventory," 11 Addictive Behaviors 345 (1986).

13. Attached hereto as Exhibit L is a true and correct copy of Coventry & Brown, "Sensation seeking, gambling, and gambling addiction," 88 Addiction 541 (1993).

14. Attached hereto as Exhibit M is a true and correct copy of Meintz & Larson, "Can You Spot This Kind of Addiction?" Reg. Nurse 42 (July 1994).

15. Attached hereto as Exhibit N is a true and correct copy of Rosenthal & Lorenz, "The Pathological Gambler As Criminal Offender," 15 Clinical Forensic Psychiatry 647 (Sept. 1992).

16. Attached hereto as Exhibit O is a true and correct copy of Dickerson, "Compulsive Gambling As An Addiction: Dilemmas," 22 Scot. Med. J. 251 (1977).

17. Attached hereto as Exhibit P is a true and correct copy of "Dead Broke: Theories emerge on why it's so hard to stop," Minneapolis Star-Tribune, Dec. 6, 1995, A15.

18. Attached hereto as Exhibit Q is a true and correct copy of "Chances Are: Do the social costs outweigh the benefits of legalized gambling?" University of Minnesota Alumni 6 (Fall 1996).

19. Attached hereto as Exhibit R is a true and correct copy of Volberg, "The Prevalence and Demographics of Pathological Gamblers: Implications for Public Health," 84 Am. J. of Public Health 237 (Feb. 1994).

20. Attached hereto as Exhibit S is a true and correct copy of Bentall, Fisher, Kelly, Bromley, & Hawksworth, "The Use of Arcade Gambling Machines: demographic characteristics of users and patterns of use," 84 British J. of Addiction 555 (1989).

21. Attached hereto as Exhibit T is a true and correct copy of Philip Morris Incorporated's Responses to Plaintiffs' Six Set of Requests for Production of Documents.

FURTHER AFFIANT SAITH NOT.

/s/Paul R. Dieseth

Paul R. Dieseth

Sworn and subscribed to before me

this 21st day of October, 1996.

/s/

Notary Public