MBA's Director of Education, Louis 0, Kerwood,

served on the editorial board and ultimately emerged

as a co-editor of the second edition.

MBA maintains in

its files documents showing its control over the revision project, including, editorial board minutes (V-548

V-552)

V-604). On

and working outlines (V-559 - V-564; V-584
November 29, 1962, Pease addressed a memorandum to "All

Members of the Editorial Board" inviting them to send "any suggestions or recommendations

concerning additions.

or deletions" to Mortgage Banking to the attention of Kerwood at the MBA office (V-605).

Among the individuals who were invited to contribute appraisal related chapters to the textbook and who accepted the invitation were Walter R. Kuehnle (V-609 ·

Herman 0. Walther (V-606

V-612) and

V-608). The final report for

the 1962-63 Educational Committee (September 28, 1963) noted

Minutes of the first meeting of the 1963-64 Educational Committee, September 29, 1963, reflect, as "other current

3. Revision of the textbook
MORTGAGE BANKING is nearing
completion, with the majority

of the material now in the hands
of the publisher. (p. 3)

On July 23, 1964, Kerwood responded to a McGraw Hill
Marketing Survey questionnaire, indicating that Mortgage
Banking is essentially the only manual for anyone operating
within the mortgage field, and that Bryant's Mortgage
Lending, which MBA also sponsors, is supplemental rather
than competitive. Upon publication of Mortgage Banking,
MBA issued a press release touting its usefulness to a
businessman who "has found little time for keeping current
with progressive techniques and modern aims of industry."
(V-623 - V-624)

MBA's course of study manual Mortgage Loan

Underwriting (1st ed., 1975) was described at pp. 58-59 of Plaintiff's Answers to AIREA's Interrogatories

That manual was prepared for MBA's Department of Education and Training by Dr. James H. Boykin, MAI, SRPA. Accompanying that manual are lesson reports I-VIII which call for discussion and application of the appraisal and underwriting standards set forth in the manual, all of which along with related documents are in MBA Education Committee files.

Plaintiff has no information that MBA has

altered or abandoned its traditional appraisal and underwriting standards as described above.

Interrogatory No. 2

For each such standard described in
Interrogatory No. 1, above, state whether
it was promulgated and/or disseminated
to others. As to each, answer the following:

a.

b.

C.

d.

Give the date or dates when

each such standard was

promulgated and/or disseminated
to others.

Identify each person to whom said
standards were disseminated.

Identify each document which
evidences the promulgation

and/or dissemination of each
such standard.

Describe how each such standard

was promulgated and/or disseminated.

Answer

Each standard described above was promulgated and/or

disseminated by MBA to others.

a. To the extent that dates of promulgation

and/or dissemination are known, they are

set forth in answer to Interrogatory

No. 1 or in answer to Interrogatories
3, 6 and 7, below.

b. Persons known to plaintiff to whom

these standards were promulgated and/or
disseminated are identified in answer to
Interrogatories 3, 6, and 7, below.
Additional persons and organizations

are identified in MBA's internal

records which plaintiff has not copied. c. Documents evidencing promulgation and/or dissemination are attached hereto as:

Materials from Course I (Volume I,

PP. 7-8, 9, 22-23, 38-40, 41-43, 46-48,
49-50, 51, 52-54, 56-59, 60-85, 90-92,
93, 110-113, 114-116, 120-121, 122-125,
126, 127, 128, 129-139, 167, 170-171,
172-174, 180, 206-209, 215, 219h-220, 225,
232, 236-239, 240-242, 243-244, 245-248,
267, 271, 302, 303-304, 307-312, 313-314,
317-318, 330-334, 336, 337-341, 342-343,
344-346, 347-348, 349-357, 367-370, 371-378,
349-357, 367-370, 371-378, 393-402, 403-404,
421-426, 428-437, 438-440, 441, 442, 451,
452, 453-455, 490, 491-528, 541-545, 546-547,
548-557, 570-571, 576-586, 598-608, 609-610,
612, 614, 616, 617-619, 621, 623, 624-633,
634-637, 638-645, 649, 650, 651, 654, 655,
668-672, 673-677, 678, 684, 687, 689-691,
692-696, 697, 709, 711, 713, 715, 718,
719-722, 736-737, 738-739, 740-741, 742-743)

(Volume II, pp. 16-20, 21-27, 28-29,

30-31, 32-41, 42-45, 61-62, 76, 103, 116-129, 141-143, 144-155, 186,

187-200, 215-224, .236-239, 240-242,

243-256, 261-270, 284-294, 309-322,

334, 345-347, 348-349, 350-352, 353-359,

.373, 374, 384-387, 388-389, 390-402, 438-442, 444-449, 489-498, 531-533,

537-543, 544-557, 572-573, 574, 586-593,
614-616, 627-628, 629-637, 648-649,

650, 665-667, 668, 683-684, 701-703,
704-714, 715-723, 724-731, 744-745,
759-772, 773-774, 775-782, 783-786,
788, 796, 798, 800-806, 808, 810,
811); Materials from Course II (Volume
III, pp. 1-3, 4-6, 7-9, 17-18, 19-21,
22-23, 40-50, 51-52, 53-63, 79-83,
99-110, 111-112, 113-124, 125-126,
127-138, 139-140, 141-152, 153-164,

165-167, 168-179, 180-192, 193-207,

208-224, 225-231, 233-245); Materials

from Course III (Volume III, pp. 269-279,

280-287, 288-293, 294-299, 300-305,

306-313, 314-321, 322-330, 331-339, 340-348,

349-354); Materials from other courses

(Volume III, pp. 398, 399-403, 408,