1 IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS

2

3	FUNDSXPRESS,

4	Plaintiff,

5	vs.	Case	No.	01CV08333

6	GIFFORD A. DUNN,

7	Defendant.

8

9

10	DEPOSITION OF GIFFORD A. DUNN, the
        Defendant, taken on behalf of the Plaintiff,
11	pursuant to Notice, on the 1st day of February,
        2002, at the law offices of Stinson, Mag & Fizzell,
12	1201 Walnut, Suite 2600, Kansas City, Missouri,
        before:
13
        KATHRYN A. LANNING
14	Registered Professional Reporter

15	of AAA Reporting Company, a Certified Shorthand
        Reporter of the State of Kansas.
16
	APPEARANCES
17
        For the Plaintiff:
18	MR. MARK A. IBA
        STINSON, MAG & FIZZELL
19	1201 Walnut Street, Suite 2600
        Kansas City, Missouri 64106
20
	For the Defendant:
21	MR. BRENT L. WINTERBERG
        ATTORNEY AT LAW
22	215 W. 18th Street
        Kansas City, Missouri 64108
23
        Also Present:
24	Mr. John Dorton
        Mr. Jerry M. Keys (By Telephone)
25	Mr. Daniel L. McClain

1 STIPULATIONS

2 It is stipulated by and between counsel and

3 the witness that the presentment of this deposition

4 to this witness by the officer is hereby waived.

5 It was further stipulated by and between

6 counsel that if said deposition if not signed by the

7 witness by the time of the commencement of the

8 trial, it may be used as though signed.

9 INDEX

10 WITNESS: GIFFORD A. DUNN	      PAGE:
   Examination by Mr. Iba                 3
12 Examination by Mr. Winterberg        165
   Reexamination by Mr. Iba             167
13
   EXHIBITS:                            IDENTIFIED:
14
   1 - Responses to document request              7
15 1A- Letter from Nutter                        58
   2 - Employee Intellectual Property Assignment
16 and Disclosure Agreement	                 20
3 - Request for Production of documents	        103
17 4 - Restraining order                        125
   5 - Acknowledgment Regarding Employee Intellectual
18 Property and Nondisclosure Agreement         132
   6 - 2001 FundsXpress account executive
19 compensation plan                            162
   7 - 12/10/98 letter to Dunn from Fendler     162
20 8 - 5/24/00 letter to Dunn from Borthayre    163
   9 - 11/16/01 e-mail to Warrington from Dunn  164
21

22

23

24

25

1 account executives that contained the tutorial

2 and encouraged you all to read it?

3 A. No.

4 Q. Was that an e-mail that came to your laptop?

5 A. My FundsXpress laptop.

6 Q. What was your e-mail address at FundsXpress?

7 A. I think it was gdunn@fundsxpress.com.

8 Q. So when you picked e-mail up, you would sign on

9  to the Internet and then pick up whatever

10 e-mails came to that address; is that right?

11 A. That's correct.

12 Q. Did you ever pick up e-mails through your

13 desktop at home?

14 A. We had the ability to do that, yes, through a

15 product called Citrix, could do that.

16 Q. That was a dial-in modem?

17 A. Well, there were a variety of different ways.

18 You could dial in or you could use high-speed

19 Internet access.

20 Q. And what did you use?

21 A. Both.

22 Q. From your desktop?

23 A. Yes.

24 Q. And what did you use for your laptop?

25 A. Both, dial-up or high-speed Internet.

1 C E R T I F I C A T E

2

3 I, Kathryn A. Lanning, a Notary Public of

4 the State of Missouri, do hereby certify:

5 That prior to being examined, the witness

6 was first duly sworn;

7 That said testimony was taken down by me in

8 shorthand at the time and place hereinbefore stated

9 and was thereafter reduced to typewriting under my

10 direction;

11 That the foregoing transcript is a true

12 record of the testimony given by said witness;

13 That I am not a relative or employee or

14 attorney or counsel of any of the parties or a

15 relative or employee of such attorney or counsel or

16 financially interested in the action.

17      Witness my hand and seal this 8th day of

18      February, 2002.

19

20

21

22

23      Kathryn A. Lanning

24      Notary Public

25      State of Missouri