Marvel Worldwide, Inc. et al v. Kirby et al

Filing 102

DECLARATION of Marc Toberoff (Part I) in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Toberoff, Marc)

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"Well, here's what the Thor comic is like. we're going to do with it."

Here's what

He did not recall if he had written any material before Jack drew it or not. Q A And what about with regard to Iron Man? Um, well, I had interviewed Don Heck, who was

the artist who drew the first Iron Man story, and I ran by Larry my recollections of what Don had told me about that. I was trying to determine if Jack had done as much -- had as much input into Iron Man as I tended to think he had, and as Don believed he had. And Larry

didn't have any recollections that ran contrary to my understanding -Q I'm sorry, I don't want to cut you off. What was Mr. Lieber's recollection with regard to Iron Man? A His recollection with regard to Iron Man is

that he was shown that -- that Stan showed him a cover that Jack had drawn that designed the character's initial look and feel and such. And Stan told him the

basic premise of the first story, which Jack had told me had come from him. And I asked Larry, "Did you know if that was -- that storyline was Stan's idea or Jack's idea?"
TSG Reporting - Worldwide 877-702-9580

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And he said he did not know. Q Okay. Um, you know a man by the name of

John Morrow? A Q Yes, I do. Have you discussed this litigation with

Mr. Morrow? A Q I don't believe I have. Have you discussed the issues relating to

Jack Kirby with Mr. Morrow? A times. Q And what has been the substance of the I have talked to John about Jack Kirby many

discussions that you had -- you and Mr. Morrow had relating to Jack Kirby? A Q That's way too vague a question to answer. Okay. When is the first time did you have a

discussion with -- when did you first meet John Morrow? A away. Q A Q A Q A Early '90s? Yes. Do you know if Mr. Morrow had known Mr. Kirby? I don't think he ever met him. And how did you meet Mr. Morrow? Jack's widow, Roz, called me and said,
TSG Reporting - Worldwide 877-702-9580

I would say in the year after Jack passed