Mr Cohen. Any other questions about the initial development of TNA policies and procedures? Mr. Buffone. Just to clarify. BY MR. BUFFONE:

Q Was it your understanding that testing from the initial discussions when you first heard the WWE wellness policy that the testing always was on the table?

A For us? Oh, absolutely. I think we decided from the beginning we needed a policy that allows us to randomly test people when we want and that protects us when we ask these guys who don't work for us full time that we want to do this and that they have to agree to it in advance and there are certain legal things that we need to make sure that we cover on both sides.

Q All right. The next document I'm going to provide you with is an e-mail dated May 31, 2006.

A Uh-huh.

Q This will be Exhibit 5. [Carter Exhibit No. 5 was marked for identification.]

Q This is now after the final version of the drug policies that has gone into effect. This May 31, 2006 e-mail is from Steve Campbell to you regarding blood and drug tests -- blood and drug testing. The drug test includes according to this e-mail marijuana, cocaine, PCP, amphetamines and barbiturates. Did this drug testing occur?

A That drug testing did not. At this time, we were, I believe, complying with an OSHA request from the State of Florida if I'm -- I don't know if that -- but that is my memory from this. And we did the testing that they requested. But again, we were not -- had not made the decision to do, you know, talentwide testing. It was based upon reason. And -- so we were complying with an OSHA, I believe it was request.

Q So that was specific compliance testing?

A Specific compliance, correct, for the State of Florida, I believe. That's who did it. But it was for our shows in Orlando.

RPTS DEAN DCMN MAGMER [2:05 p.m.]

Q The final version of the drug policy -­A Do I have that?

Q Yes, that is Exhibit

A 0011?

Q Double 09?

A Okay.

Q The drug policy says TNA reserves the right to conduct random drug tests and other tests in accordance with government requirements.

A Correct.

Q Can you walk me through your understanding of the meaning of that final provision "in accordance with government requirements"?

A When you tour, there is athletic commissions in each State and each State has from pretty much no provisions whatsoever to pretty strict provisions of needing full physicals, blood work and things such as that. So those are State government requirements, and so we wanted to make sure that they knew that we could be asking them at any given time to provide HIV testing and other things that would be required of us to operate and do business.