throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA740941
`
`Filing date:
`
`04/19/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91213527
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Greater Omaha Packing Co., Inc.
`
`I STEPHEN SAMUELS
`SAMUELS & HIEBERT LLC
`TWO INTERNATIONAL PL, 23RD FL
`BOSTON, MA 02110
`UNITED STATES
`ISS@SamuelsTM.com
`
`Testimony For Defendant
`
`I. Stephen Samuels
`
`iss@samuelstm.com
`
`s/I. Stephen Samuels/si
`
`04/19/2016
`
`Defendant's Henry Davis Deposition.pdf(2252824 bytes )
`Davis Exhibits GOP-1-3.pdf(157950 bytes )
`Davis Exhibit GOP-8.pdf(1463743 bytes )
`Davis Exhibit GOP-10.pdf(2177965 bytes )
`Davis Exhibit GOP-12.pdf(45423 bytes )
`Davis Exhibits GOP-51-53.pdf(1528263 bytes )
`Davis Exhibit GOP-54.pdf(426489 bytes )
`Davis Exhibits 55-57.pdf(1895154 bytes )
`Davis Exhibit GOP-58.pdf(1749949 bytes )
`Davis Exhibit GOP-59.pdf(5282771 bytes )
`Davis Exhibits GOP-60-63.pdf(3403754 bytes )
`Davis Exhibits GOP-64-68.pdf(4524997 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Omaha Steaks
`
`International,
`
`Inc.,
`
`Plaintiff,
`
`V.
`
`Opposition No.
`91213527 (Parent)
`
`Cancellation No.
`92059629
`
`Greater Omaha Packing
`Co., Inc.,
`
`Cancellation No.
`92059455
`
`b
`
`Defendant.
`
`TAKEN ON BEHALF OF
`DEFENDANT
`
`APPEARANCES:
`
`Ms. Nora M. Kane
`
`For Plaintiff
`
`Ms. Nancy T. Morris
`Attorneys at Law
`STINSON LEONARD STREET
`1299 Farnam Street
`Suite 1500
`
`Omaha, NE 68102-1818
`
`I. Stephen Samuels
`Mr.
`Attorney at Law
`SAMUELS & HIEBERT
`Two International Place
`23rd Floor
`
`Boston, MA O2110—4104
`
`Mr. Mark Theisen
`General Counsel
`GREATER OMAHA PACKING CO
`3001 L Street
`P.O. Box 7566
`
`Omaha, NE 68107
`
`For Defendant
`
`DEPOSITION OF HENRY ALAN DAVIS,
`
`taken
`
`at 9:35 a.m. on March 22, 2016, by Deanna L.
`
`Maley, RPR, CRR, and General Notary Public in and
`
`for the State of Nebraska, at 3001 L Street,
`
`Omaha, Nebraska.
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`E X H I B I T
`
`I N D E X
`
`Description
`
`Steer Head Logo Trademark
`
`ONA Logo Trademark
`
`Hereford Logo Trademark
`
`3-25-92 USDA Application
`
`1997 Greater Omaha
`Brochure
`
`1-23-98 Drawing of
`Shipping Box
`
`Obituary of Pennie Z.
`Davis
`
`Obituary of Herman Cohen
`
`Photograph of Herman and
`Rosalie Cohen
`
`Wikipedia Article about
`the Omaha World—Herald
`
`1-11-27 Article from
`Omaha World-Herald
`
`Showing Sale of Land to
`Herman Cohen
`
`Photo of South 26th
`
`Street Building
`
`Polk City Directories
`Website and Wikipedia
`Article
`
`1928 Polk's Omaha City
`Directory
`
`Fifteen 1929-1955 Polk's
`
`Omaha City Directories
`
`THIBAULT,
`SUHR & THIBAULT,
`Nebraska
`(402) 331-2500
`Omaha,
`
`INC.
`
`

`
`Photograph of Pennie
`Davis
`
`GOP Marketing Piece
`Showing Hanging Beef
`
`9-23-34 Omaha
`World—Herald Want Ad
`
`1944-1972 Omaha
`World—Herald Want Ads
`
`7-3-56 GOP Minutes of
`
`Meeting of Directors
`
`Sketch of Beef Stamp by
`Henry Davis
`
`Ketchum Meat Stamp
`Brochure
`
`The Meat Buyers Guide
`
`11-2-O0 Hartford Courant
`
`Newspaper Article
`
`(Exhibits retained by counsel for
`
`the defendant.)
`
`THIBAULT,
`SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`INC.
`
`

`
`HENRY ALAN DAVIS
`
`lawful age, being first
`Of
`duly cautioned and solemnly
`sworn as hereinafter certified,
`was examined and testified as
`follows:
`
`DIRECT EXAMINATION
`
`BY MR. SAMUELS:
`
`Mr. Davis, what is your full name?
`
`Henry Alan Davis.
`
`On what date were you born?
`
`February 16th, 1951.
`
`How old are you now?
`
`Sixty-five.
`
`In what city were you born?
`
`Omaha.
`
`In what city
`
`go to grade
`
`Omaha.
`
`Q.
`
`In what city
`
`go to junior
`
`high school?
`
`Omaha.
`
`In what city
`
`go to high
`
`Omaha.
`
`What was the name of your high
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`Omaha Central High School.
`
`Did you graduate from Central High
`
`A.
`
`Q.
`
`Yes.
`
`In what year did you graduate from
`
`Central High School?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`1969.
`
`Did you attend college or university?
`
`Yes.
`
`Please describe where and when you
`
`went
`
`to college or university.
`
`A.
`
`I went
`
`to the University of Denver
`
`from 1969 to 1973.
`
`Q.
`
`What was your major at
`
`the University
`
`of Denver?
`
`A.
`
`Q.
`
`Business.
`
`In what year did you graduate from
`
`the University of Denver?
`
`A.
`
`Q.
`
`1973.
`
`Did you receive a degree from the
`
`University of Denver?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`And what was the name of the degree?
`
`I have a bachelor of science,
`
`business administration.
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT - DAVIS (Samuels)
`
`Q.
`
`Has your permanent home address
`
`always been in Omaha, Nebraska?
`
`A.
`
`Q.
`
`Yes.
`
`What was your father's name?
`
`Pennie Z. Davis.
`
`Is Pennie Z. Davis still living?
`
`No.
`
`MS. KANE: Will you pause?
`
`I'm
`
`going to lodge the objection I
`
`told you about,
`
`simply that this witness was not disclosed before
`
`February 1st of 2016 contrary to the TTAB common
`
`law and rules. And,
`
`therefore,
`
`I will not
`
`clutter your record with objections to all the
`
`questions, but would like to have a standing
`
`objection to each.
`
`MR. SAMUELS: Very well.
`
`BY MR. SAMUELS:
`
`Q.
`
`Mr. Davis,
`
`I now show you a document
`
`marked Exhibit GOP-51 which is a copy of an
`
`obituary of Pennie Z. Davis dated April 1, 2002.
`
`The exhibit bears Bates number GOP—Ol63 at
`
`the
`
`bottom. Are you familiar with that obituary?
`
`A.
`
`Q.
`
`your father?
`
`Yes.
`
`Is Exhibit GOP-51 the obituary of
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`A.
`
`Q.
`
`Yes.
`
`And based on your own personal
`
`knowledge, are the facts stated in Exhibit GOP-51
`
`true?
`
`Yes.
`
`Thank you. What was your mother's
`
`Florence Davis.
`
`Is Florence Davis still living?
`
`No.
`
`What was your maternal grandfather's
`
`Herman Cohen.
`
`Is Herman Cohen still living?
`
`No.
`
`Mr. Davis,
`
`I now show you a document
`
`A.
`
`Q.
`
`marked Exhibit GOP—52 which is a copy of an
`
`obituary of Herman Cohen dated November 7, 1978.
`
`The exhibit bears Bates number GOP—Ol45 at
`
`the
`
`bottom. Are you familiar with that obituary?
`
`A.
`
`Q.
`
`Yes.
`
`Is Exhibit GOP—52 the obituary of
`
`your grandfather?
`
`A.
`
`Q.
`
`Yes.
`
`Based on your own personal knowledge,
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 33l~25OO
`
`

`
`DIRECT - DAVIS (Samuels)
`
`are the facts stated in Exhibit GOP-52 true?
`
`A.
`
`Q.
`
`Yes.
`
`In approximately what year were your
`
`father and mother married?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`1944.
`
`In what city were they married?
`
`Omaha.
`
`Was Florence Cohen Davis the child of
`
`Herman Cohen?
`
`A.
`
`Q.
`
`Yes.
`
`You stated that your grandfather's
`
`name was Herman Cohen;
`
`is that correct?
`
`A.
`
`Q.
`
`Yes.
`
`I now show you a document marked
`
`Exhibit GOP-53 which is a copy of a photograph.
`
`The exhibit bears Bates number GOP—O76O at
`
`the
`
`bottom. Are you familiar with that photograph?
`
`A.
`
`Q.
`
`photograph?
`
`A.
`
`Q.
`
`Yes.
`
`Who are the two people shown in that
`
`My grandmother and my grandfather.
`
`And you said your grandfather's name
`
`was Herman Cohen;
`
`is that correct?
`
`A.
`
`Q.
`
`Yes.
`
`And what was the name of your
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`grandmother?
`
`A.
`
`Q.
`
`Rosalie Cohen.
`
`Did you have a close relationship
`
`with your grandfather?
`
`A.
`
`Q.
`
`Yes,
`
`a very close relationship.
`
`Did your late grandfather, Herman
`
`Cohen, ever speak to you about his personal
`
`history?
`
`A.
`
`Q.
`
`Yes. Numerous times.
`
`What did your grandfather, Herman
`
`Cohen, tell you about where he and his family
`
`came from?
`
`A.
`
`They came from a little village near
`
`Kiev, Russia.
`
`Q.
`
`And did you —— did your grandfather,
`
`Herman Cohen, ever tell you where they first
`
`settled in the United States?
`
`A.
`
`Q.
`
`Pennsylvania.
`
`And what did your grandfather, Herman
`
`Cohen,
`
`tell you about his family's coming to
`
`Omaha, Nebraska?
`
`A.
`
`They went
`
`from Pennsylvania up to the
`
`Dakotas and then they came to Omaha.
`
`Q.
`
`Do you recall approximately what
`
`time
`
`period they came to Omaha?
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT - DAVIS (Samuels)
`
`10
`
`A.
`
`I
`
`think it was between 1905 and maybe
`
`1915, about that time.
`
`Q.
`
`Did your grandfather serve in the
`
`military?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes.
`
`Did he serve in which war?
`
`World War I.
`
`Did your grandfather, Herman Cohen,
`
`ever tell you about his going into business in
`
`Omaha, Nebraska?
`
`A.
`
`Q.
`
`Yes.
`
`What did he tell you?
`
`MS. KANE:
`
`I'm going to object
`
`to
`
`this line of questioning. This is calling for
`
`hearsay.
`
`MR. SAMUELS: Yes.
`
`The answer will
`
`be admissible as a statement of personal or
`
`family history where the declarant is dead and
`
`the witness is related by blood, Federal Rule of
`
`Evidence 804(b)(4).
`
`A.
`
`My grandfather told me that he
`
`started business in 1920 at a plant which was ~-
`
`used to be known as Cornhusker Packing.
`
`And he
`
`bought beef cuts and then cut
`
`them into smaller
`
`pieces and sold them to grocery stores.
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402)
`331—25OO
`
`

`
`DIRECT ~ DAVIS (Samuels)
`
`11
`
`He
`
`then that same year leased a space,
`
`5102 South 26th Street, which became Greater
`
`Omaha Packing Company.
`
`Q.
`
`Did your grandfather, Herman Cohen,
`
`ever tell you what happened to his business in
`
`around the year 1927?
`
`A.
`
`In 1927 he bought
`
`the building that
`
`he was
`
`leasing.
`
`Q.
`
`Mr. Davis,
`
`I now show you a four—page
`
`document entitled Omaha World~Herald from
`
`Wikipedia,
`
`the free encyclopedia, which has been
`
`marked Exhibit GOP—54. Exhibit GOP—54 is an
`
`Internet printout.
`
`The exhibit bears Bates
`
`numbers GOP-0764 through 0767. Are you familiar
`
`with that exhibit?
`
`A.
`
`Q.
`
`Yes.
`
`Based on your own personal knowledge,
`
`are the statements set forth in Exhibit GOP—54
`
`accurate and true?
`
`A.
`
`Q.
`
`Yes.
`
`Are you personally familiar with the
`
`Omaha World—Herald newspaper?
`
`A.
`
`Q.
`
`Yes.
`
`Have you ever been a subscriber to
`
`the Omaha World—Herald newspaper?
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`12
`
`A.
`
`Q.
`
`Yes.
`
`Have you been a subscriber for a few
`
`years or many years?
`
`A.
`
`Q.
`
`For decades.
`
`Based on your own personal knowledge,
`
`is the Omaha World—Herald newspaper widely
`
`circulated and available to the public throughout
`
`Nebraska?
`
`A.
`
`Q.
`
`Yes.
`
`Based on your own personal knowledge,
`
`is it true or false that
`
`from 1973 to the present
`
`the Omaha World~Herald newspaper was widely
`
`circulated and available to the public throughout
`
`Nebraska?
`
`A.
`
`Q.
`
`Yes.
`
`Thank you. Mr. Davis,
`
`I now show you
`
`a document dated January 11, 1927, which has been
`
`marked Exhibit GOP-55. Exhibit GOP-55 is an
`
`Internet printout.
`
`The exhibit bears Bates
`
`number GOP—OOOl at
`
`the bottom. Are you familiar
`
`with that exhibit?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`What is that exhibit?
`
`It is an article from the Omaha
`
`World—Herald listing the sale of 26th Street from
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`l3
`
`Joseph J. Hoffman and wife to Herman Cohen, my
`
`grandfather.
`
`Q.
`
`Do you see the portion that's
`
`indicated by my arrow that I put on
`
`Exhibit GOP—55?
`
`A.
`
`Q.
`
`Yes.
`
`And I believe you just correctly
`
`read, Joseph J. Hoffman and wife to Herman Cohen,
`
`26th Street, 480 feet south of O Street, west
`
`side,
`
`irregular 7,500.
`
`Do you see that?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`What does Exhibit GOP—55 mean to you?
`
`It means that in 1927 my grandfather,
`
`Herman Cohen, purchased 26th Street, 480 feet
`
`south of O Street, west side,
`
`irregular,
`
`from
`
`Joseph J. Hoffman and wife.
`
`Q.
`
`Did your grandfather, Herman Cohen,
`
`say that was for his meat business?
`
`A.
`
`Q.
`
`Yes.
`
`Does Exhibit GOP—55 corroborate the
`
`statement that you said your grandfather, Herman
`
`Cohen,
`
`told you about his purchasing the entire
`
`building where he had been leasing space in the
`
`lower level for his meat business?
`
`A.
`
`Yes.
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`14
`
`Q.
`
`Are you personally familiar with the
`
`property described in Exhibit GOP~55?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes.
`
`Have you ever been to that property?
`
`Yes.
`
`Many times or few times?
`
`Many times.
`
`Based on your own personal knowledge,
`
`do you believe that the transaction set forth in
`
`Exhibit GOP—55 actually took place?
`
`A.
`
`Q.
`
`Yes.
`
`Did your grandfather, Herman Cohen,
`
`ever tell you what
`
`the name of his business was?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`What did he say?
`
`He said the name of his business was
`
`Greater Omaha Packing Company.
`
`Q.
`
`And did he call it that at
`
`the
`
`beginning or later or what?
`
`A.
`
`Q.
`
`At
`
`the beginning.
`
`Mr. Davis,
`
`I now show you a
`
`photograph marked Exhibit GOP—56.
`
`The exhibit
`
`bears Bates number GOP—O53l at
`
`the bottom. Are
`
`you familiar with this exhibit?
`
`A.
`
`Yes.
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`15
`
`Q.
`
`A.
`
`What is Exhibit GOP—56?
`
`It's a picture of Greater Omaha
`
`Packing Company.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Is it a picture of a building?
`
`Yes.
`
`Did you ever work there?
`
`Yes.
`
`Did you work there for many years or
`
`few years?
`
`A.
`
`Q.
`
`Many years.
`
`Have you ever been in the building
`
`shown in Exhibit GOP—56?
`
`A.
`
`Q.
`
`Yes.
`
`Have you been in the building more
`
`than a hundred times?
`
`A.
`
`Q.
`
`Yes.
`
`What
`
`is the address of the building
`
`in Exhibit GOP—56?
`
`A.
`
`Q.
`
`5102 South 26th Street.
`
`Mr. Davis, about what year were you
`
`in that building?
`
`A.
`
`Q.
`
`About 1958.
`
`How old were you in 1958?
`
`Seven.
`
`Did your grandfather take you to the
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`1
`
`16
`
`26th Street building in 1958?
`
`A.
`
`Q.
`
`few times?
`
`A.
`
`Q.
`
`Yes.
`
`Did he take you there many times or
`
`Many times.
`
`Please look at Exhibit GOP—56.
`
`Can
`
`you see any company name on the building in
`
`Exhibit GOP-56?
`
`A.
`
`Q.
`
`Yes.
`
`What
`
`is the name on the building in
`
`Exhibit GOP-56?
`
`A.
`
`Q.
`
`Greater Omaha Packing Company.
`
`Did you see the name "Greater Omaha
`
`Packing Company" on the building whenever you
`
`visited it beginning in 1958?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes.
`
`Was it always there?
`
`Yes.
`
`Was
`
`there anything about
`
`the name on
`
`the building that you recall in particular?
`
`A.
`
`Q.
`
`It was red plastic letters.
`
`Have you been in the Exhibit GOP—56
`
`building as recently as 1996?
`
`A.
`
`Q.
`
`Yes.
`
`Based on your own personal
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`17
`
`observations,
`
`is it true or false the name
`
`"Greater Omaha Packing Company" was continuously
`
`used on the Exhibit GOP—56 South 26th Street
`
`building from 1958 to at least the year 1996?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes.
`
`How do you know that?
`
`I saw it.
`
`Based on your own personal
`
`observations,
`
`is it true that the name "Greater
`
`Omaha Packing Company" was used on the 26th
`
`Street building after 1996?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`Tell me about that.
`
`It was used on the building until the
`
`year 2000 when I moved the production from that
`
`facility over to the facility that we're sitting
`
`in right now, 3001 L Street.
`
`Q.
`
`Thank you. Did your grandfather,
`
`Herman Cohen, ever tell you in what year he began
`
`calling his meat business Greater Omaha Packing
`
`Company?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`And what did he say?
`
`He said it was called Greater Omaha
`
`Packing Company from the beginning, which was
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT - DAVIS (Samuels)
`
`18
`
`Q.
`
`From now on I'll refer to the
`
`building shown in Exhibit 56 as the 26th Street
`
`plant,
`
`is that agreeable to you?
`
`A.
`
`Q.
`
`Yes.
`
`Mr. Davis,
`
`I now show you a five—page
`
`group of two documents entitled Polk City
`
`Directories and R.L. Polk & Company from
`
`Wikipedia,
`
`the free encyclopedia, which has been
`
`marked Exhibit GOP—57. Exhibit GOP—57 is an
`
`Internet printout.
`
`The exhibit bears Bates
`
`numbers GOP—O768 through 0772. Are you familiar
`
`with this exhibit?
`
`A.
`
`Q.
`
`Yes.
`
`Based on your own personal knowledge,
`
`are the statements set forth in Exhibit GOP—57,
`
`Polk City Directories website and the R.L. Polk &
`
`Company Wikipedia article,
`
`true or false?
`
`A.
`
`Q.
`
`True.
`
`Are you personally familiar with Polk
`
`City Directories and in particular the Polk Omaha
`
`City Directory?
`
`A.
`
`Q.
`
`Yes.
`
`Based on your own personal knowledge,
`
`has the Polk Omaha City Directory been widely and
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`19
`
`continuously circulated throughout Nebraska since
`
`at least as early as 1973?
`
`A.
`
`Q.
`
`Yes.
`
`Based on your own personal knowledge
`
`and based upon what you have learned from
`
`Exhibit GOP—57,
`
`is it your belief that the Polk
`
`Omaha City Directory has been widely and
`
`continuously circulated throughout Nebraska since
`
`at least as early as 1928 as stated in both of
`
`the Exhibit GOP—57 articles?
`
`A.
`
`Q.
`
`Yes.
`
`I now show you an eight—page document
`
`marked Exhibit GOP—58.
`
`That exhibit bears Bates
`
`numbers GOP-OOO2 through OOO9. Are you familiar
`
`with that exhibit?
`
`A.
`
`Q.
`
`Yes.
`
`What
`
`is the title on the first page
`
`of Exhibit GOP-58?
`
`A.
`
`Q.
`
`Polk's Omaha City Directory 1928.
`
`What do you understand that Polk's
`
`Omaha City Directory 1928 shows?
`
`A.
`
`It's a directory of the city of
`
`Q.
`
`Does it show the names of businesses
`
`and people?
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`20
`
`A.
`
`Q.
`
`Yes.
`
`Does it show their addresses in
`
`Omaha, Nebraska?
`
`A.
`
`Q.
`
`Yes.
`
`What
`
`is the year date on
`
`Exhibit GOP—58?
`
`A.
`
`Q.
`
`1928.
`
`I direct your attention to the last
`
`page of Exhibit GOP—58 which bears the Bates
`
`number GOP—00O9.
`
`Do you see where I placed an
`
`arrow?
`
`A.
`
`Q.
`
`Yes.
`
`Please confirm that the last page
`
`says Greater Omaha Packing Company, Herman Cohen
`
`manager, 5l02 South 26th?
`
`A.
`
`Q.
`
`Yes, it does say that.
`
`What do you understand that the name
`
`and address listing in the Exhibit GOP—58 Polk's
`
`Omaha City Directory that we just discussed
`
`means?
`
`A.
`
`It means that in 1928 Greater Omaha
`
`Packing Company's manager was Herman Cohen and it
`
`was
`
`located at 5102 South 26th.
`
`Q.
`
`As far as you can tell, does the
`
`Exhibit GOP—58 Polk's Omaha City Directory
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`21
`
`listing of the Herman Cohen and Greater Omaha
`
`Packing Company names and the South 26th Street
`
`address correspond to the Exhibit GOP-55 Omaha
`
`World~Herald land sale listing?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes.
`
`Do they correspond?
`
`Yes.
`
`Now,
`
`in order to save time,
`
`Mr. Davis,
`
`I show you a group of 15 documents
`
`which are collectively marked Exhibit GOP—59.
`
`Exhibit GOP-59 bears Bates numbers GOP—OO11
`
`through OO77. Are you familiar with
`
`Exhibit GOP-59?
`
`A.
`
`Q.
`
`Yes.
`
`I will tell you that each of the 15
`
`documents in Exhibit GOP-59 is just like the
`
`Exhibit GOP—58 printed publication which is --
`
`which was called the Polk's Omaha City Directory
`
`1928, except that the 15 Exhibit GOP—59 documents
`
`are from subsequent years ranging from 1929 to
`
`1955 and they all state that Greater Omaha
`
`Packing Company was
`
`located at 5102 South 26th
`
`Street and that the manager was Herman Cohen in
`
`all of those years.
`
`Please look at Exhibit
`
`GOP—59. Are the year dates of each of the group
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`22
`
`of Polk's Omaha City Directories from 1929 to
`
`1955?
`
`A.
`
`Q.
`
`Yes.
`
`Is it your understanding and belief
`
`that Exhibit GOP—59 shows that the Greater Omaha
`
`Packing Company was
`
`located on 5102 South 26th
`
`Street in each of the directory years shown on
`
`the first pages of each of the Exhibit GOP-59
`
`directories?
`
`A.
`
`Q.
`
`Yes.
`
`Thank you. Mr. Davis, you've
`
`previously testified that your grandfather,
`
`Herman Cohen,
`
`took you to the 26th Street plant a
`
`number of times beginning in 1958;
`
`is that
`
`correct?
`
`A.
`
`Q.
`
`Yes.
`
`And you previously testified that
`
`your father's name was Pennie Davis;
`
`is that
`
`correct?
`
`A.
`
`Q.
`
`Yes.
`
`I now show you a photograph marked
`
`Exhibit GOP-60.
`
`The exhibit bears Bates number
`
`GOP—O76l at
`
`the bottom. Are you familiar with
`
`this exhibit?
`
`A.
`
`Yes.
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`23
`
`Who is the man in the photograph?
`
`It's my dad, Pennie Davis.
`
`Q.
`
`Did you have a close relationship
`
`with your father Pennie Davis?
`
`A.
`
`Q.
`
`Yes, very close.
`
`Did your father, Pennie Davis, ever
`
`speak with you about
`
`the history of Greater Omaha
`
`Packing Company?
`
`A.
`
`Q.
`
`Yes, many times.
`
`Did your father, Pennie Davis, ever
`
`speak with you about his own employment history
`
`at Greater Omaha Packing Company?
`
`A.
`
`Q.
`
`Yes, many times.
`
`When did your father say that he was
`
`first employed at Greater Omaha Packing Company?
`
`A.
`
`Q.
`
`1945.
`
`Did your father ever say whether he
`
`worked with your grandfather, Herman Cohen?
`
`A.
`
`Q.
`
`Yes.
`
`Did he say that he worked with your
`
`grandfather closely or not closely?
`
`A.
`
`Q.
`
`Very closely.
`
`Did your father, Pennie Davis, ever
`
`take you to the 26th Street plant when you were
`
`boy?
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`24
`
`
`
` A. Yes.
`
`
`
`
`Q.
`Please describe how old you were when
`
`your father first took you to the 26th Street
`
`
`
` plant.
`
`
`A.
`I was seven the first time my dad
` took me
`to the 26th Street plant.
` Q.
`
` A.
`
`
`Q.
`How often and about for how many
` did your father take you to the 26th Street
` after your first visit there with him in
`
`Would that have been in the year
`
`Yes.
`
`
`
`A.
`
`Numerous times until 1967 when I
`
`
`
`
`
`drive myself.
`
` Q.
`
`
`
`Very briefly, Mr. Davis, tell us what
`you saw at the 26th Street plant when your father
` took you there as a young man.
`
`A.
`
`I
`
`saw the processing of live cattle
`
`
`
`Q.
`
` and the production of hanging or carcass beef.
`
`
`Based on your own personal memory and
`
`
`
`knowledge from what was told to you by your
`23
`
`
`
`grandfather Herman Cohen,
`
`that from 1927 until at least 1945 Greater Omaha
`24
` 25
`located at 5102 South 26th
`Packing Company was
`
`
`is it true or false
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`25
`
`True.
`
`Q.
`
`And based on your own personal memory
`
`and knowledge from what was told to you by your
`
`father Pennie Davis,
`
`is it true or false that
`
`from 1945 until at least 1958 Greater Omaha
`
`Packing Company was
`
`located at 5102 South 26th
`
`Street?
`
`A.
`
`Q.
`
`True.
`
`And based on your own personal
`
`knowledge gained from personally going to the
`
`26th Street plant,
`
`is it true or false that from
`
`1958 until at least 1992 Greater Omaha Packing
`
`Company was
`
`located at 5102 South 26th Street?
`
`A.
`
`Q.
`
`True.
`
`Returning to your testimony about
`
`your mother, Florence Cohen Davis.
`
`I believe you
`
`told us that Florence Cohen married Pennie Davis
`
`in 1944, was that your testimony?
`
`A.
`
`Q.
`
`Yes.
`
`Based on your own personal memory and
`
`knowledge from what was told to you by your
`
`grandfather and your father,
`
`is it true or false
`
`that your grandfather, Herman Cohen, was still
`
`the sole owner of Greater Omaha Packing Company
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402)
`331—25OO
`
`

`
`DIRECT - DAVIS (samuels)
`
`26
`
`A.
`
`Q.
`
`That
`
`is true.
`
`And based on your own personal memory
`
`and knowledge from what was
`
`told to you by your
`
`grandfather and your father, what happened in
`
`1945 with regard to your grandfather, Herman
`
`Cohen, and your father, Pennie Davis,
`
`in 1945?
`
`A.
`
`My dad went
`
`to work at Greater Omaha
`
`Packing Company in 1945.
`
`Q.
`
`And 23 years later after 1945 was
`
`1968. Based on your own personal memory and
`
`knowledge from what your father told, what
`
`important event happened to Pennie Davis in 1968?
`
`A.
`
`He became the president of Greater
`
`Omaha Packing Company.
`
`Q.
`
`Did you ever work part-time at
`
`Greater Omaha Packing Company,
`
`for example,
`
`during the summers or holidays?
`
`A.
`
`Q.
`
`Yes.
`
`In about what year did you begin
`
`working part-time at Greater Omaha Packing
`
`Company?
`
`A.
`
`About 1965 through 1972 I worked
`
`part-time.
`
`Q.
`
`Is it possible you worked part-time
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`27
`
`
`
`
`at Greater Omaha Packing Company slightly before
`
`1965?
`
`A.
`
`I maybe did odd jobs part-time.
`
`But
`
`
`
`I started to get paid when I was 14.
`
`
`
`Q.
`And you said you worked
`Thank you.
`
`part—time at Greater Omaha Packing Company until
` about 1972;
`is that correct?
`
` A
`
`.
`
`Correct.
`
`from college?
`
`A.
`
`
`pins, stamping the beef with the name "Greater
`
`
`
`What year did you say you graduated
`Q.
` 10
`
`1973.
`
`
`Q.
`So please describe any of the jobs
`
`
`that you did when you worked part—time at Greater
` 14 Omaha Packing Company.
`
`
`I would drive the live cattle into
`A.
`
`16
`the stunning area.
`I did most of the jobs on the
`
` 17
`cattle processing floor.
`I
`learned all the jobs
`
`
`
`in the cooler, shrouding beef,
`taking out shroud
`
`
`Omaha."
`Sawing up the carcasses,
`ribbing them.
`
`Packaging variety meats.
`Scaling,
`loading beef
`
`and variety meats onto trucks.
`
`11
`
`12
`
`13
`
`15
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`23
`
`25
`
`
`Q.
`Mr. Davis, you mentioned stamping the
` 24
`name "Greater Omaha." Was that stamp on the
`
`
`
`beef?
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT - DAVIS (Samuels)
`
`28
`
`A.
`
`Q.
`
`On the hanging beef carcasses.
`
`I now show you a document marked
`
`Exhibit GOP—6l.
`
`The exhibit bears Bates number
`
`GOP—O762 at
`
`the bottom. Are you familiar with
`
`this exhibit?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`What is this exhibit?
`
`It's a brochure in regard to Greater
`
`Omaha Packing Company.
`
`Q.
`
`A.
`
`Q.
`
`Is it a marketing piece?
`
`Yes.
`
`Was Exhibit GOP—6l published by
`
`Defendant Greater Omaha and circulated to your
`
`company's customers?
`
`A.
`
`Q.
`
`Yes.
`
`You used the term "hanging beef."
`
`What does the term "hanging beef" mean to you?
`
`A.
`
`It means carcasses of beef that are
`
`hanging from trolleys and a hook or it means
`
`primals or subprimals of beef that are hanging
`
`from a hook, not necessarily on a trolley but
`
`maybe on another system,
`
`to suspend the cut
`
`through a hook.
`
`Q.
`
`Do you see any hanging beef in
`
`Exhibit GOP—6l?
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT - DAVIS (Samuels)
`
`29
`
`A.
`
`Q.
`
`Yes.
`
`Where do you see any hanging beef in
`
`that exhibit?
`
`A.
`
`I see hanging beef in Exhibit 61 in
`
`the three middle pictures on the left.
`
`Q.
`
`A.
`
`Q.
`
`And are those hanging sides of beef?
`
`Yes.
`
`Back in the period between 1965 and
`
`1972 when you worked part—time at
`
`the 26th Street
`
`plant, did you ever see hanging beef like that
`
`shown in Exhibit GOP—6l?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes.
`
`Many times or few times?
`
`Many, many times.
`
`From at least as early as what year
`
`did you personally begin to stamp the name
`
`"Greater Omaha" on hanging sides of beef?
`
`A.
`
`Q.
`
`Since 1965.
`
`In what part of the plant did you do
`
`the stamping job on hanging sides of beef?
`
`A.
`
`Q.
`
`In the cooler.
`
`Who instructed you how to do the
`
`stamping job?
`
`A.
`
`Q.
`
`The cooler foreman.
`
`Beginning in 1965 until about what
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`30
`
` year did you continuously do the stamping job in
` the cooler?
`
`
`A.
`
` of stamping the name "Greater Omaha" on hanging
` sides of beef?
`
`Q.
`
`What was the primary business purpose
`
`Until
`
`I became full—time in 1973.
`
`
`
`
`A.
`To identify the quarters and primals
` and subprimal cuts with the origin of them which
` was Greater Omaha.
`
`
`Q. Would that be so your customers would
` 11
`know where their beef came from?
` 12
`
`10
`
`13
`
`Yes.
`A.
`
`
` Q. Was
`there any governmental
` 14
`requirement that a beef provider apply a stamp to
` 15
`
`the beef which identified the beef provider?
`
` 16
`A.
`Yes.
`
`
`
`
`Q.
`Which government agency had
` 18
`
`
`A.
`The USDA required the name and the
` 20
`USDA establishment number.
`
`21
`Q.
`Mr. Davis,
`I now show you a drawing
`
`which has been marked Exhibit GOP-65.
`
`exhibit bears Bates number GOP-1001 at the
`
` 24 bottom. Are you familiar with this exhibit?
` 25
`A. Yes,
`I am.
`
`
`
`
`requirements?
`
`17
`
`19
`
`22
`
`23
`
`The
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`31
`
`Q.
`
`A.
`
`What is Exhibit GOP—65?
`
`That
`
`is what
`
`the stamp said that
`
`I
`
`stamped on each of the primals and subprimal cuts
`
`and carcasses of beef.
`
`Q.
`
`Who made that sketch?
`
`I did.
`
`How long ago did you make that
`
`Within the last month.
`
`Did the stamp which you applied
`
`between 1965 and 1972 always contain the
`
`two words "Greater Omaha"?
`
`A.
`
`Q.
`
`Yes.
`
`Did the stamp which you applied
`
`between 1965 and 1972 ever contain the four words
`
`"Greater Omaha Packing Company"?
`
`A.
`
`Q.
`
`No.
`
`Did the stamp which you applied
`
`between 1965 and 1972 always contain the number
`
`960?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`What did the number 960 mean?
`
`That is the USDA inspected number
`
`issued to Greater Omaha.
`
`Q.
`
`So that's the establishment number of
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`32
`
`your plant?
`
`A.
`
`Q.
`
`Yes.
`
`Did the stamp which you applied
`
`between 1965 and 1972 always look just like your
`
`Exhibit GOP—65 sketch?
`
`A.
`
`Q.
`
`Yes.
`
`Thank you. Mr. Davis,
`
`I now show you
`
`a two—page brochure dated 2015-2016 entitled
`
`Ketchum Manufacturing Inc. meat and poultry
`
`processing. This exhibit has been marked
`
`Exhibit GOP-66.
`
`The exhibit bears Bates numbers
`
`GOP—1002 and 1003. Are you familiar with this
`
`exhibit?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`What is this exhibit?
`
`It's a brochure put out by the
`
`Ketchum Manufacturing Incorporated company.
`
`It's
`
`for the meat and poultry processing industry.
`
`And it is —— promotes their animal identification
`
`systems.
`
`Q.
`
`In Exhibit GOP—66 do you see any
`
`stamps and hammers?
`
`A.
`
`Q.
`
`Yes.
`
`Please look at
`
`the second page of
`
`Exhibit GOP—66 which is Bates numbered GOP-1003.
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT — DAVIS (Samuels)
`
`33
`
`
`
`second page of Exhibit GOP-66 similar to the
`
`
`Also, please look at your Exhibit GOP—65 sketch.
`
`Are the circular custom meat stamps shown on the
`
`
`
`stamp which you sketched in Exhibit GOP—65?
`
`
`
`Q.
`
`Did you use a hammer
`
`beef?
`
`10
`
`the
`
` A. Yes.
`
`
`
`to apply the
` Exhibit GOP—65 stamp to the hanging sides of
`
`Yes.
` A.
`
`
`
`Q. Is the meat stamp hammer shown at
` 11
`bottom left on the second page of Exhibit GOP-66
` 12
`similar in any way to the hammer which you used
` 13
`to apply the Exhibit GOP-65 stamp to the hanging
`
`
`
`sides of beef?
`
`l4
`
`17
`
`19
`
`21
`
`22
`
`
` l5 A. Yes, very similar.
` 16
`Q.
`Is it identical?
`
`
`
`A.
`No.
`The stamps that we used had a
` 18
`wooden handle.
`
`
`Q. You mean the hammer you used had a
` 20
`wooden handle?
`
`
`
`A.
`Yeah,
`the hammer that we used had a
`
`
`wooden handle.
`This one has a plastic handle it
` 23
`says.
`
`24
`
`
`
` 25
`dated 1998 entitled the Meat Buyers Guide by
`
`Q.
`
`I now show you a four—page brochure
`
`INC.
`THIBAULT, SUHR & THIBAULT,
`Omaha, Nebraska
`(402) 331-2500
`
`

`
`DIRECT - DAVIS (Samuels)
`
`34
`
`National Association of Meat Purveyors.
`
`The
`
`exhibit's been marked Exhibit GOP—67.
`
`The
`
`exhibit bears Bates numbers GOP~lOO4 through
`
`1007. Are you familiar with this exhibit?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`What
`
`is this exhibit?
`
`It's a Meat Buyers Guide by the
`
`National Association of Meat Purveyors to
`
`identify the different cuts of meat and the
`
`skeletal —— provides a skeletal chart of beef.
`
`It tells about
`
`the different cuts,
`
`the primal
`
`cuts of beef, and it tells about
`
`the standard
`
`primal cuts of lamb.
`
`Q.
`
`Does
`
`the second page of
`
`Exhibit GOP—67 Bates numbered GOP—lOO5 show a
`
`sketch of a hanging side of beef with
`
`identifications of various structural locations
`
`on the beef?
`
`A.
`
`Q.
`
`Yes.
`
`Does
`
`the third page of Exhibit GOP—67
`
`Bates numbered GOP—lOO6 show a photograph of a
`
`hanging side of beef with one or more stamps
`
`being shown on the beef?
`
`A.
`
`Q.
`
`Yes.
`
`Does
`
`the fourth page of
`
`THIBAULT,
`Omaha,
`
`SUHR & THIBAULT,
`331-2500
`Nebraska
`(402)
`
`INC.
`
`

`
`being shown on the lamb?
`
`Now, Mr. Davis, using
`
`DIRECT — DAVIS (Samuels)
`35
`
` Exhibit GOP-67 Bates numbered GOP~1007 show a
` photograph of a hanging lamb with many stamps
`
`
` A. Yes.
`
` Q.
`
` Exhibits GOP—65, 66, and 67, please slowly
`
`describe exactly what you did when you stamped
` the name "Greater Omaha" on hanging sides of beef
` in the cooler at Greater Omaha Packing Company
` 10
`between 1965 and 1972.
`
`
`
`A.
`
`I would take the hammer similar to
`
`11
`
`16
`
`
` 12
`
` 13
`14
`
` 15
`
`ink on it.
`I would then take that hammer and I
`
`would hit the hind quarter,
` 17
`the rib,
`the chuck, and both shanks on each side.
`18
`MR. SAMUELS: Let
`
`the one on GOP—1001 exhibit.
`
`I would take the
`
`head of that which had the stamp on it and I
`
`would hit it against a brush that had edible blue
`
`the round,
`
`the loin,
`
`
`
`
`
` 19 that when Mr. Davis referred to exhibits, he was
`
`
`actually talking about
`the B

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