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

Filing 85

DECLARATION of Marc Toberoff in Opposition re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow.. 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)(Toberoff, Marc)

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

Doc. 85 Att. 3

EXHIBIT C
Dockets.Justia.com

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JOHN MORROW the work in general. Q. And so your knowledge of Jack Kirby's

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working habits and how he worked during the period from '58 to '63, which is the period relevant to this case, is based on what you've read about Mr. Kirby? MR. TOBEROFF: A. Misstates testimony.

A lot of it is based on what I've read A lot of it is, I believe, I'm

throughout the years.

sure I talked to Roz Kirby about that, about what it was like living in New York and working in New York. I know I've read -- Mark Evanier has written several times about visiting Jack's studio and what that was like. I believe in the Neal Kirby interview, we talked about that they called their dad's work space the dungeon, I believe, because it was in the basement of their New York home. I do recall he painted a very graphic picture of what it was like down there. good sense of what it looked like. I got a very

It was this room

with this one little basement window for light, which is why they called it the dungeon. But also I read a lot over the years about how Kirby worked when he was working with Joe Simon as
TSG Reporting - Worldwide 877-702-9580

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JOHN MORROW well. How they had shared their across-the-street

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attic studios right after the war.

They got, you know,

veteran housing and built houses and worked across the street from each other, to the point Joe Simon even told me they lived in different cities, because the state was the dividing line, or different counties, I guess, between the two houses. Just picked up a lot

over the years from various things I've read and talking to different people. Q. Did you ever talk to Joe Simon about Jack

Kirby and his work? A. Yes, we have. I actually interviewed Joe

Simon for the Jack Kirby Collector. Q. And did Mr. Simon describe the nature of

the working relationship between Jack Kirby and Marvel during the 1958 to '63 period? A. I don't believe so, because I don't believe

Simon and Kirby were particularly close at that point. Their company had dissolved shortly before that, which was the big reason Kirby ended up back in Marvel, and that seems to be kind of a dead area in the relationship. about it. Q. Did Neal Kirby ever tell you that he had
TSG Reporting - Worldwide 877-702-9580

There's not been much written or said