Document 0L438nVNzKK79yegjZbGqedax

Ace-Federal Reporters, Inc. STENOTYPE REPORTERS March 30, 1993 JUN 1 11 Ju r. Siic-.j;, \.\\. \\ D.C. _'! M" oo2i j4_- ;rp l!r>rl, 3 jb-I.L-!' FAX 202 737-363S TO: FROM: RE: All Counsel Ace-Federal Reporters, Inc. Deposition of Emmett Kelly; February 2, 1993 Please find attached a corrected last page and/or reprinted condensed transcript of the above referenced deposition. The date to reconvene was incorrectly stated. We apologize for any inconveniences this may have caused. WATER PCB-SD0000062527 186 1 MR. MC CONNELL: Dr. Kelly, I see that I've run '2 over our agreed stopping point by a minute or two, and I 3 think maybe this would be a good time to break for the 4 evening. 5 THE WITNESS: Fine. 6 MR. MC CONNELL: Off the record. 7 VIDEO OPERATOR: The time is approximately 5:02 8 p.m. We're off the record. 9 (Whereupon, at 5:02 p.m., the deposition was 10 adjourned, to reconvene at 10:30 a.m., on Wednesday, 11 February 3, 1993.) 12 13 14 R. EMMET KELLY 15 16 17 18 19 20 21 22 Ace-Federal Reporters, Inc. Nationwide Coverage 2n;--tr-370 I tI I WATER PCB-SD0000062528 Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 PAGE 1 TO PAGE 186 ACE-FEDERAL REPORTERS. INC. 202-347-3700 CONDENSED TRANSCRIPT AND CONCORDANCE PREPARED BY: ACE-FEDERAL REPORTERS. INC. 1120 G STREET. NW SUITE 500 WASHINGTON. DC 20005 Phone: 202-347-3700 FAX: 202-737-3638 WATER PCB-SD0000062529 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2. 1993 CR: 54277.0 XMAX(l) Page 1 [1] IN THE SUPERIOR COURT [2] OF THE STATE OF DELAWARE [3] IN AND FOR NEW CASTLE COUNTY [4] ------------------------------------------ * [5] MONSANTO COMPANY, : [6] Plaintiff. : [7] Civil Action Number [8] v. : 88C-JA-118-1-CV [9] AETNA CASUALTY & SURETY COMPANY, : NON-ARBITRATION [10] el al.. : CASE [11] Defendants. : [12] ............................ .......................x [13] DEPOSITION OF R. EMMET KELLY [14] Washington, D. C. [15] Tuesday, February 2, 1993 [16] Deposition of R. EMMET KELLY, called for examination [17] pursuant to notice of deposition, at the law offices of [18] Schwalb, Donnenfeld, Bray and Silbert, 1025 Thomas Jefferson [19] Street, N.W., Suite 300, at 10:43 a.m. before JULIE BAKER. a [20] Notary Public within and for the District of Columbia, when [21] were present on behalf of the respective parties: [22] - continued - Page 2 [1] APPEARANCES: JOHN M. BRAY, ESQ. [2] JAMES P. KENNEDY, ESQ. Schwalb, Donnent'eld. Bray & Silbert [3] Suite 300 1025 Thomas Jefferson Street, N.W. Washington. D. C. [4] On behalf of Plaintiff Monsanto Company. DAVID F. SNIVELY. ESQ. [5] Monsanto Company Law Department 800 North Lindbergh Boulevard [6] St. Louis, Missouri 63167 On behalf of Plaintiff Monsanto Company. [7] RICHARD L. McCONNELL, JR., ESQ. Wiley, Rein & Fielding [8] l "76 K Street, N.W. Washington, D. C. 20006 [9] On behalf of The Travelers Indemnity Company. [10] LOIS J. SCHIFFER, ESQ. [11] Nussbaum & Wald [12] One Thomas Circle, N.W. Washington, D. C. 20005 [13] On behalf of Certain Underwriters at Lloyd's of London. [14] England. [15] ~ JOSEPH G. MANTA, ESQ. [16] Manta and Welge One Commerce Square [17] 2005 Market Street Thirty-Seventh Floor [18] Philadelphia, Pennsylvania 10103 [19] On behalf of Liberty Mutual Insurance Company. [20] ALSO PRESENT: [21] JOSEPH R. MAGGIO. Video Technician [22] ANDREA MORETTI Page 3 [1] CONTENTS WITNESS EXAMINATION [2] R. Emmet Kelly [3] by Mr. Bray 5 [4] by Mr. McConnell 154 [5] EXHIBITS [6] KELLY DEPOSITION NUMBER IDENTIFIED [7] Exhibit V-l - 8/3/62 Memorandum 48 [8] Exhibit V-2 - 12/8/58 Document entitled [9] "Characterization of Acetylene Soot" 92 [10] Exhibit V-3 - Memorandum from M.L. Owens, Jr. [11] to R.J. Schatz at Texas City 95 [12] Exhibit V-4 - 3/1/71 Letter to Mr. Chapman 109 [13] Exhibit V-5 - Reports 118 [14] Exhibit V-6 - One-page document with Bates [15] Number MCA 0233590 141 [16] Exhibit V-7 - One-page document with Bates [17] Number MCA 0233591 141 [18] Exhibit V-8 - One-page document with Bates , [19] Number MCA 0233592 141 ! [20] Exhibit V-9 - 8/24/70 Letter 146 ! [21] Exhibit V-10 - Volume I of Transcript from | [22] first deposition 167 ! Page 4 ! [1] PROCEEDINGS : [2] VIDEO OPERATOR: This is the deposition of R. 1 [3] Emmet Kelly in the matter of Monsanto Company, Plaintiff. ! ] versus Aetna Casualty and Surety Company, et al., | [5] Defendants, civil action number 88C-JA-118-1-CV in the j [6] Superior Court of the state of Delaware in and for New | [7] Castle County. We are at the offices of Schwalb, [8] Donnenfeld, et al.. 1025 Thomas Jefferson Street, [9] Washington, D.C. The lime is approximately 10:43 a.m. [10] The date is February 2. 1993. The court reporter is Julie [11] Baker with the firm of Ace-Federal Reporters, [12] Incorporated, 1120 G street. Northwest, Washington, D.C. [13] I am the video operator, Joseph R. Maggio, also with the [14] firm of Ace-Federal. [15] You may swear the deponent. [16] Whereupon, [17] R. EMMET KELLY [18] was called as a witness and. having first been duly sworn. [19] was examined and testified as follows: [20] VIDEO OPERATOR: Would counsel identify [21] themselves and who they represent. [22]_______MR. MC CONNELL: I'm John Bray. Schwalb. Page 5 [1] Donnenfeld, Bray & Silbert and I represent Monsanto [2] Company. [3] MR. MANTA: My name is Joe Manta. Manta &. Welee [4] n Philadelphia. I represent Liberty Mutual. [5] MR. MC CONNELL: Mv name is Dick McConnell. I'm [6] with the law firm of Wiley. Rein & Fielding. I'm one of [7] the attorneys for The Travelers Indemnity Company. Also [8] with me today is Andrea Moretti, one of the paralegals [9] from my office. [10] MR. SNIVELY: Present also is David F. Snively, [11] litigation counsel for Monsanto Company. [12] EXAMINATION [13] BY MR. BRAY: [14] Q Good morning, Dr. Kelly. [15] I [16] [17] [18] A Good morning, Mr. Brny. Q Would you state your full name for the record. A R for Robert, Emmet Kelly, MD. Q And your address, your home address? [19] A 665 South Skinker. St.Louis.Missouri 63105. 1 [20] Q And we can callyou Dr. Kelly. You're a medical ! [21] doctor, are you not? [22]A That is correct. Page 6 [1] Q d physician ? [2] A Yes. [3] Q For a time during your career you were the [4] medical director of Monsanto Company; is that correct? [5] A That is correct. [6] Q Would you describe when you joined Monsanto [7] Company. [8] A I joined Monsanto in January of '36. [9] Q 1936? [10] A 1936. I was the physician at the Queeny Plant, [11] which was then called Plant A, located at St. Louis. And [12] my duties there were that of a plant physician, where 1 [13] took care of occupational conditions, the ipjuries, [14] established a preventive medical program. [15] Q So initially you were a physician at a [16] particular plant? [17] A That is correct. [18] Q And did you subsequently become the medical [19] director of the entire company! j [20] A Yes, but that waslater, I went into service in i [21] March of 1942 - when wasPearl Harbor,'41? ! [22] Q '41. | | [1] Page 7 A '42, and came back from the service in 1946, and I [2] I became a full-time medical director of the newly ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 1 to Page 7 WATER PCB-SD0000062530 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 X\1AX(3) [12] materials, clothing, apparatus or equipment that were used [13] in those days or recommended by the medical department to [14] accomplish minimization of worker exposure? [15] MR. MC CONNELL: Object to form. Jack, may I [16] have a continuing objection to any leading questions? [17] MR. BRAY: I'd rather not do that, Dick. I'd [18] rather hear it and try to deal with it. [19] MR. MC CONNELL: That's fine. Then I've made my [20] objection. [21] THE WITNESS: Could I have the question over'. [22] ____ MR. BRAY: Sure, Let me restate it. Page 14 [1] BY MR. BRAY: [2] Q Would you describe the types of equipment or [3] apparatus that were dealt with by the medical department [4] in 1946 relating to worker exposure? [5] MR. MANTA: Objection. [6] THE WITNESS: Yes. It all depends where the [7] exposure were coming from. If the exposure was going to [8] be a skin exposure, the person would be protected bv [9] coveralls, by impervious garments, rubber aprons, rubber [10] booties, gloves. If the exposure were going to be by [IX] inhalation, he would be protected by insuring means of [12] collecting the fumes or gases so that he wouldn't be [13] breathing them. That would be either ventilation - spot [14] ventilation, spot collection of the fumes or vapors at a [15] particular department or over a pump or over a filling [16] line or, in some cases, a general workplace, change of [17] air. * [18] And then there's also other methods. There's [19] engineering changes. Have a self-emptying centrifuge [20] instead - c-e-n-t-r-i-f-u-g-e, instead of leaning over and [21] taking out the centrifuge. There's also engineering [22] methods of substituting a less hazardous compound than a Page 15 [1] more serious one. So there are any number of minimizing [2] the exposure. [3] BY MR. BRAY: [4] Q When you became medical director, would you [5] describe what you did, what you personally did to [6] familiarize yourself with the operations and the exposures [7] at Monsanto plants? [8] MR. MC CONNELL: Object to leading. [9] THE WITNESS: Well, yes, but first I ought to [10] say that even before I was appointed medical director. I [11] was functioning in some areas as a medical director. In [12] other words, if they had a plant outside of St. Louis [13] where there was a particular hazard or a potential hazard [14] or a recommendation bv somebody that a problem might [15] exist, I was authorized to go down there and look this [16] over and make recommendations. So in that sense. I was a [17] medical director without portfolio, but it wasn't [18] formalized. [19] What was the last part of the question? [20] BY MR. BRAY: [21] Q What, if anything, did you do after you became [22] medical director to familiarize yourself. Page 16 [1] A After I became medical director, there was a [2] three-prong attack. One was to set up a preventive [3] program, that's by physically monitoring the workers from [4] the standpoint of examinations, physical examinations, to [5] see whether or not any incipient illnesses to which we're [6] all subject, diabetes, hypertension, heart disease, that [7] have no boundaries as far - not related to the chemical [8] industry, per se. And we'd also check to see whether or [9] not there were any incipient illnesses that might be [10] attributed to the workplace. [11] The other attack was to find out what the [12] toxicity of the products the man was working with, what [13] the toxicity of the product was. There wasn't a great [14] deal of information on the toxicity of products back in [15] 1946. So we had to find out by those methods I discussed [16] earlier, 10 minutes ago. [17] Q In terms of the effort to determine whether j [18] there were illnesses attributed to the workplace, how did ; [19] the medical department go about trying to determine I [20] whether a particular illness was or was not attributed to I [21] the workplace? \ [22]_______A We used whatever consultants we had. In other ; Page 17 [1] words, that's a real tough call to make because the [2] symptoms and the particular signs that the individual | has ' [3] can occur from nonoccupational as well as occupational. [4] If the person is an alcoholic, he could have a chemical [5] hepatitis. If he were inhaling a solvent, he could have a [6] chemical hepatitis also. The end result is the same but [7] the cause is a lot different. What we did was use [8] consultants. We used our insurance company a great deal. [9] There were methods - there were levels of - safe [10] levels that were proved by the U.S. government industrial [11] hygiene group, I think. And they set out what they called [12] maximum allowable concentrations, later on. threshold [13] limit values, that would, to the best of the scientific I [14] knowledge, would ensure the worker could be working at I [15] that particular level of material in the air, that he [16] could - so that was documented by taking actual air [17] analysis. That was a function of an industrial [18] hygienist. [19] We engaged an industrial hygienist in 1946, I [20] believe, and his job is to use equipment to actually [21] analyze the air in the working station and find out what [22] the level of material was in the air that the man was Page 18 [1] breathing every day. [2] Q In that time period, 1946, was there equipment [3] for conducting air samples? [4] A Not for everything. It was not only the [5] equipment. It was the people. I think we bad the third [6] industrial hygienist hired. Most of the time the [7] industrial hygienists were in the armed services and were [8] in the insurance industries. Liberty Mutual had a very [9] large industrial hygiene group, and they furnished their [10] shareholders with that service of industrial hygiene. We [11] used them fairly extensively. [12] Q You mentioned certain process or equipment [13] changes. What, if anything, was the role of the medical [14] department in making recommendations with respect to [15] process changes? [16] A Well, for example, if the specifications for a [17] particular product used benzene in the manufacture of it. [18] we could suggest to them, why don't you use toluene, which [19] is a less toxic material. And I think it was - I [20] certainly was not an engineer, and we did make major [21] engineering recommendations, but there was some obvious [22] ones about - as 1 said before, manual cleaning out of a Page 19 [1] centrifuge versus a self-emptying one. I knew that those [2] existed, and it was important to minimize the exposure at [3] that particular spot where we centrifuged some of the [4] product. Our industrial hygienist made very many [5] recommendations about general ventilation and spot [6] ventilation over the areas where there was possibility of [7] exposure. [8] Q When you became medical director, was your work [9] done entirely in St. Louis? [10] A No, I went around to all of the plants in the I [11] United States, j [12] Q And what did you do at the plants? : [13] A Well, first, I would walk through them and see - [14] you don't have to be a chemical engineer to know if [15] there's too much dust flying out of a particular conveyor I [16] or something like that. And I would make such j [17] recommendations, say this is a bad situation, let's ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 13 to Page 19 WATER PCB-SD0000062531 BSA oepo of; R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 XMAAiai [18] correct it. [19] Q When you first became medical director, [20] approximated how many plants did Monsanto have in the [21] U.S.? ' [22] _____ A 10 to 12, 1 think, give or take a couple, either Page 20 [1]way. [2 ] Q You visited all of those ? [3] A I beg your pardon? [4] Q You visited all of those ? [5] A Yes. [6] Q Did you visit any plants outside of the U.S. ? [7] A Yes, there were a couple in Canada Iwent to. [8] That's early on. I mean, the latter days Iwent to the [9] European plants. [10] Q By "latter days, " what do you mean? [11] A '60s, '70s. [12] Q When you became medical director, what, if [13] anything, was done to provide direct or on-site medical [14] service to a particular plant? [15] A Well, we arranged for the operation of a medical [16] organization in each plant. It would vary from our big [17] dialogue plant, for example, where we had 3000 people. We [18] had three full-time doctors. When you get down to a small [19] bottle-blowing plant where you have 30 employees, well [20] that's just a doctor on call. So it varied from full-time [21] people to doctors on call, but I would say the vast [22] majority of them had part-time doctors who visited the Page 21 [1] plant on regular hours. In about six of our plants we had [2] at least one full-time doctor. [3] Q Was your goal of safety or medical service [4] directed solely to the employees who were operating at [5] plants? [6] MR. MC CONNELL: Objection. Leading. [7] THE WITNESS: No, because our goal was to find [8] out information about the toxicity of our finished [9] material, so that we could recommend to our customers safe [10] handling procedures that would prevent any of their [11] workers or their customers getting any problems with our [12] workers - with our products. [13] BY MR. BRAY: [14] Q Would you describe what type of communication or [15] dealings you had, you, the medical department, had with [16] customers with respect to safety. [17] A Safety is a little - is used a little different [18] in Monsanto than I think you're using it, Mr. Bray. [19] Safety referred to physical hazards in our plants, [20] explosions, falling off ladders and things like that. [21] Whereas health was harmed from the compound itself, the [22] health aspects of the medical department was responsible Page 22 [1] for the - say that the material was handled safely, it was [2] handled without harm. From the health aspect, it was [3] not - we didn't - it was not our responsibility to warn [4] the customer about the flammability of the product or [5] whether it's liable to explode under various [6] circumstances. [7] Q With respect to the health aspects, then - [8] A That's right. [9] Q - what dealings did the medical department have [10] with customers? [11] A It dealt all the way from putting the safe [12] handling information on the labels. It dealt with the [13] inclusion in all our various technical bulletins, the [14] sales bulletins where we discussed the toxicity of the [15] product and discussed the safe handling data also. [16] Monsanto had a policy that any information concerning the [17] health aspects of the toxicity of a Monsanto product was [18] to be answered by the medical department. [19] Now, this doesn't mean if the salesman at our [20] Detroit office went into Florida, and the fellow said, bow [21] is this stuff, can you use it all right, and he said, [22] sure, gee, we've been using this for 25 years with no Page 23 [1] problem. But if they say, what's the toxicity of this in [2] relationship to workers, then he'd say, well. I'll have [3] St. Louis get ahold of you. And any telephone calls that [4] came in asking about the possibility of any harm due to a [5] Monsanto product in our customers and our employees and i [6] their customers, that was referred to the medical [7] department. [8] Q And why was that? [9] A Well, they got the accurate information. We got [10] 50,000 people giving information out about the toxicity or [11] lack of toxicity of a product. You might get 50,000 [12] different answers and a good number of them would be [13] wrong. But at least with the medical department, we were [14] the authority on it. [15] Q Did the medical department from time to time [16] receive inquiries about the health and toxicity of , [17] products? | [18] A Lots of times. [19] Q And what was the procedure for answering them? | [20] A Well, it all depends. If it's a telephone call, I [21] I answered it then. If it was a letter from a salesmen I [22] saying, I was over at Florida two days ago and they | asked I Page 24 ] [1] me about this. Well, if it sounded like an emergency. I'd i [2] call the doctor up in Florida; if it weren't, I'd write j [3] them a letter and send them one of our safety data sheets ! [4] or one of our bulletins that described any possible ill ! [5] effects from too much exposure. [6] Q What, if any, role did the medical department | [7] have with respect to health matters relating to the [8] neighbors and surrounding community at Monsanto plants? [9] MR. MANTA: Objection. Leading. [10] MR. MC CONNELL: Objection. [11] THE WITNESS: Well, with the exception of [12] inquiries from the neighbors, which were directed first to [13] the plant manager at the plant, obviously. Then he would [14] call us and we would go back to the neighbors through the : [15] plant manager. [16] We didn't go out examining the neighbors if we [17] had cases, for example, of alleged damage to a house from [18] fluorine. That usually was handled by the Insurance ; [19] section at our carriers. The medical department did not | [20] go out and check on the status of the cows that might have |[21] been exposed to fluoride emissions, j [22] BY MR. BRAY: i Page 25 i [1] Q When you undertook these ditties, that is, when | [2] you became medical director in what we may call the j [3] earlier years, 1946 and thereabouts, what was the policy | [4] or attitude of Monsanto management with respect to health \ [5] and safety? | [6] MR. MANTA: Objection. ! [7] MR. MC CONNELL: Objection, j [8] THE WITNESS: With respect to what? ' [9] BY MR. BRAY: [10] Q What was the policy and attitude of Monsanto : [11] management with respect to health and safety? ' [12] MR. MC CONNELL: Objection. Calls for : [13] speculation. Leading. , [14] MR. BRAY: Let me ask the question this way. | [15] BY MR. BRAY: ! [16] Q What was the Monsanto management policy with j [17] respect to health and safety as communicated to you in any : [18] instructions given to you as medical director? | [19] j [20] MR. MC CONNELL: Objection. Leading, THE WITNESS: It was very positively safety to | [21] our employees in the mannerof health as well as to our i [22] customers was paramountin the topmanagement of the j Page 26 i [l] company's point of view. Page 19 to Page 26 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062532 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 XMAXlSi [2] I've had numerous times. Patrick Queeny who was [3] a son of a founder said we're good neighbors. We want to [4] be good neighbors and we're going to ensure that we are a [5] good neighbor not only to our customers but to the people [6] around our plant. He also said safety was extremely [7] important to him. And it trickled down through all the [8] levels of management, that safety to our workers was [9] paramount. [10] l think he said - well, I know he always put it [11] first that whether he put something second, quality of the [12] product or something like that or the shareholders, but [13] the management - the employees came first. [14] .BY MR. BRAY: [15] Q How long did Edgar Queeny remain the chief [16] executive officer of Monsanto? [17] A Well, he was the chief executive officer until [18] 1970, I think. But no matter what his title was, he was [19] the boss. [20] Q After he retired, what was the attitude or [21] policy of Monsanto management with respect to health and [22] safety? Page 27 [1] A It was the same. When he retired, that didn't [2] mean that he moved out of the office. He may not have [3] been CEO, but he was a chairman of the board, and he was [4] he had a very prominent part in the management of the [5] company, I will say that. I think he - I don't know when [6] he finally - I think he finally retired when he died. [7] That was just around '74 or '75. [8] Q He was active in the company until he died? [9] A Yes. [10] Q Now, you mentioned that during the course of the [11] work of the medical department, certain things were done [12] by the insurance carrier. When you joined the company, [13] who was Monsanto's insurance carrier? [14] A Liberty Mutual for - I know they were for, I [15] guess, public liability and they were for compensation. [16] Metropolitan was the health and accident insurance - not [17] occupational health claims and group insurance for death [18] and disability benefits. [19] 2 Yon also mentioned adding an industrial [20] hvqienist. Would xou describe what other personnel you [21] added to the medical department as the years went on. [22] ____ A Well, we added more industrial hygienists. We Page 28 [1] ended up, I think, with four when I left. We added a [2] toxicologist probably around the '50s sometime. We had [3] four of those when I left. We had a librarian, and we [4] added more physicians. [5] Q More physicians to the central medical [6] department? [7] A That's correct. [8] Q How many, do you recall? [9] A One full-time man and several part-time people. [10] Q I'd like to talk for a moment about the [u] industrial hygienists. Who were they, and what were their [12] functions? [13] A Well, they started off with Elmer Wheeler. We [14] got him from the Army industrial hygiene laboratory. He [15] was the chief of that. He was followed by Jack Garrett [16] who was - came to us from the research department at Texas [17] City. [18] Q When was that? [19] A I guess '51 or '52, something around that. [20] Q And at the time that Mr. Garrett came, [21] Mr. Wheeler was already on board?* 1 2 3 4 5 [22]_______A On board for about five years. Then Carl Bohl Page 29 [1] came shortly after that. Then a Bruce Ely came. He came [2] around '70. There was another man - I forget his name [3] who came just about that time. [4] Q What were Mr. Wheeler's responsibilities? [5] A Well, he started off as purely industrial [6] hygiene, which means he was responsible for getting air [7] analysis and evaluating the possibility of exposures in [8] our manufacturing installations. [9] Later on, he took over administrative function [10] when we hired a toxicologist. He handled the budgets - he [11] was not a toxicologist but he was - in those days there [12] weren't really training spots for toxicologists, so I [13]' would say he was a do it yourself toxicologist much like I [14] was. [15] MR. BRAY: Do you want to pause for a moment [16] while we get Lois comfortable. [17] MR. MC CONNELL: Sure. [18] MR. BRAY: Lois, welcome. [19] MR. MC CONNELL: Let's go off the record. [20] VIDEO OPERATOR: We're off the record at [21] approximately 11:22. [22] (Discussion off the record.) Page 30 [1] VIDEO OPERATOR: Back on the record at [2] approximately 11:24 a.m. [3] BY MR. BRAY: [4] Q Dr. Kelly, would you describe briefly what [5] Mr. Garrett's duties were, the other industrial [6] hygienist. [7] A Well, he came as an industrial hygienist to [8] spell Wheeler. But he had a great deal of work in Texas [9] City on the effluent phase of the operation, the waste | [10] treatment activities in Texas City. He was quite [11] knowledgeable about water disposal. So he really took | [12] over that function for quite some time until we got more [13] people involved as far as the individual plants were [14] concerned. Jack was our point man, as it were, on water [15] disposal. [16] Q Corporatewide? [17] A I beg your pardon? [18] Q Corporatewide? [19] A Yes. [20] Q Mr. Wheeler and Mr. Garrett, what, if any, other [21] plants did they become familiar with? [22] A Any of them that had a problem. Wheeler handled Page 31 [1] the air aspect of our stacks and Garrett handled the solid [2] and water. [3] Q Solid waste? [4] A Yes. When I say "handled," I think I should [5] explain that he made himself knowledgeable about what the [6] plants were doing. Back in 1952 or '53, the executive [7] committee told the medical department that they should [8] keep monitor what the plant was doing. That didn't mean [9] that we would go down and police the outflow of the Queeny [10] Plant and see that they were doing all right, but just on [11] any new construction or any new remodeling of plant nr a [12] new plant entirely, we would look over the blueprints and [13] see what, in our opinion, adequate attention was paid to [14] the disposal problem. [15] Q When you say "disposal problem," what kind of [16] disposal? [17] A Air, water, solids. [18] Q Waste disposal? [19] A Waste disposal. [20] Q And you talk about reviewing blueprints. These [21] are blueprints for construction or renovation? | [22] MR. MC CONNELL: Object to leading. i ! [1] Page 32 THE WITNESS: Yes. Maybe not the blueprints | [2] but - J [3] BY MR. BRAY: ! [4] Q Would you describewhat the blueprints were. ! [5] A It was sort of a flow sheet. It wasn't - it ACE-FEDERAL REPORTERS. INC. 202-347-3700 Page 26 to Page 32 WATER PCB-SD0000062533 BSA Depo of; R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277,0 XMAX(6) [6] didn't show the size of piping and everything else, but it [7] would show what raw materials came into the plant, what we [8] did with the raw materials and what we took off to sell [9] and what we did with the waste. [10] Prior to that time, considerably prior to that [11] time, there may be at the end of the flow sheet an arrow [12] pointing to sewer. Well, that was not a satisfactory [13] method of treating, so before any appropriation could be [14] made, the medical department had to report to the [15] executive committee that there was adequate handling of [16] any wastes. We were really supposed to monitor and refer [17] to the executive committee rather than police the [18] day-to-day activities of the plants. [19] Q And the purpose of your review of the [20] blueprints, what precisely was that? [21] A It really wasn't blueprints. It was flow [22] sheets. Page 33 [1] Q Flow sheet. The purpose of the review of the [2] flow sheets by the medical department was what? [3] A Was, A, to see that they had given satisfactory [4] concern to the problem of waste disposal, to see that in [5] our opinion, the engineering controls were such that they [6] reflected the state-of-the-art procedures for waste [7] disposal. [8] Q And that was 1952 or 1953 that started? [9] A 1 think so. yes. [10] Q With respect to carrying out that function that [11] you've just described, did Mr. Garrett and Mr. Wheeler [12] continue to have a division of responsibilities as between [13] them? [14] A Yes. [15] Q And what was that division? [16] A You mean the division - Wheeler had air and [17] Garrett had water and solids. [18] Q And Mr. Garrett had once been at the Texas City [19] plant for a period of time; is that correct? [20] MR. MC CONNELL: Object to leading. [21] THE WITNESS: That's correct. [22] BY MR. SARFATTI: Page 34 [1] Q You said? ' [2] A Yes, 1 think for about two years. [3] Q Two years! [4] MR. MC CONNELL: Object to leading. [5] MR. BRAY: Didn't hear that, Dick. I'm having [6] trouble hearing the answer after the objection. [7] MR. MC CONNELL: You keep asking the question. [8] MR. BRAY: Subject to that objection -- [9] THE WITNESS: 1 didn't hear the objection. [10] BY MR. BRAY: [11] Q What was your answer for how long had he been at [12] the Texas City plant: [13] A Two years, one or two years, I thought. [14] Q With respect to the experience that Monsanto had [15] during the period that you were the medical director, did [16] Monsanto always have problem-free handling of its [17] chemicals, products and materials ? [18] A Did it always have "problem-free handling1' - I [19] don't know what you mean by that. [20] Q In your experience as the medical director, did [21] any problems arise at Monsanto plants with respect to [22] these products and materials? Page 35 [1] A During the course of manufacture or during the [2] course of shipping or what? [3] Q During the course of your entire career. [4] A Well, problems related to what, to the workers, [5] to the customers? [6] Q Well, let's take them one at a time. [7] A Sure, we had a couple bad explosions. I mean, [8] one was not primarily related to the product. We had a [9] French ship loaded with ammonium nitrate that was parked I [101 at a public dock, which was right next to our Texas City j [11] plant, that blew up and killed 500 people, of whom ! about I [12] 140 or 150 were Monsanto workers who were standing i out on - I [13] the dock watching the fire. [14] Q When did that happen ? j [15] A '46 or '7. [16] Q At Texas City? [17] A At Texas City. [18] Q And right at the plant at Texas City? [19] A It was right - right next to it. [20] Q What role did you have in dealing with that [21] episode, that explosion? [22]______ A Well, 1 went down there to see that our workers Page 36 [1] were getting adequate care, and they had a whole raft of [2] people that came down from St. Louis. Edgar Queeny come [3] down. Bill Rand, who was the president at that time, he [4] was CEO at that time, I think, he came down. The [5] insurance section came down. We had people there from [6] Liberty Mutual who handled the sort of - the problems of [7] the workers who were killed and the workers who were [8] injured. [9] I think before they did any claims work, they [10] gave each of the families, advanced them some ] thousands of [11] dollars because they didn't have any wager or anything [12] else. And all of a sudden, they go to work in the [13] morning, and that's the last they see of them. So Liberty [14] was responsible for the workmen's compensations coverage. [15] So they were very close. That was not a problem of our [16] plant manufacturing. It was just like if an earthquake [17] happened outside the front door. It was an explosion or a [18] meteorite hit. [19] Q It was a ship that exploded nearby, near the [20] plant? [21] MR. MC CONNELL: Objection. Leading. [22] THE WITNESS: 50 feet. Page 37 [1] BY MR. BRAY: [2] Q And you said it was a French ship? [3] MR. MC CONNELL: Object toleading. [4] THE WITNESS: Yes. There were two ships. The [5] Grande Camp was the first one; it was loaded with ammonium [6] nitrate, which was thought of to be just a fertilizer. It [7] wasn't ammonium nitrate either, but then they found out it [8] was an explosive. In fact, it's used as a lining as an [9] explosive as well as a fertilizer. [10] And there was a second ship that didn't have as | [11] much on it, the High Flyer, that blew up about six hours j [12] later. I don't think the cause of the tire was ever | [13] ascertained. ! [14] BY MR. BRAY: [15] Q Cause of what fire? [16] A Either one, the explosion was proceeded by a [17] fire. The ship was burning for four or five hours, and [18] that's why the fatality rate was so high. Everybody in [19] the town and everybody in the plant who wasn't tied to a [20] particular job was out on the dock watching the fire. [21] Q And you saw the plant afterwards? j [22] A Yes. * 1 2 3 4 5 6 j Page 38 I [1] Q What did it do to the plant? ! [2] A Plenty. The plant is like an oil refinery. j [3] It's got all these fluids at elevated temperatures inside j [4] the pipes, and volatile material and pieces of burning j [5] ship came down and broke the pipes. It was almost like | [6] good-size shrapnel hitting the plant and started ] numerous Page 32 to Page 38 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062534 BSA Depo of; R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 XMAXI7I [7] fires at the plant that kept burning for about 24 hours [8] also. It was quite a disaster. [9] Q What did it do to the materials that were being [10] used at the plant? [11] A They burned. They ignited and there was so many [12] holes - so many pipes were broken, they didn't have enough [13] valves to shut off all the flows of material. [14] Q How soon after the explosion did you go down [15] there? [16] A I got in between the two of them. I was there [17] after the first one. I guess I was there about five [18] hours. I was in Oakridge, Tennessee, which wasn't too [19] far. They sent a plane down and I went down to Texas City [20] and while I was going through the plant, I went nut to the [21] plant after the first explosion. They tried to talk me [22] out of going and 1 said, there's nothing in this plant to Page 39 [1] explode now. I just finished saying that when the second [2] ship blew up. So I'd say about five to six hours after [3] the explosion I was there. [4] Q You mentioned that many people were injured. [5] Did you visit patients? [6] A Oh, yes. There were several - oh, we used every [7] hospital down there, not only we, but the townsfolk of [8] Texas City. There was a large University of Texas at [9] Galveston. They had a large hospital. And then there was [10] a Catholic hospital. I don't know which name that was, [11] and that had just opened a new ward. It didn't really [12] have the lighting in, but they had beds anyway. Then [13] there was some at an Army hospital. They took them to any [14] of 15 - or about 10 different hospitals in and around [15] Galveston. [16] Q And on your visits to these hospitals, do vou [17] recall making any determinations about safety at Monsanto? [18] MR. MANTA: Objection. Leading. [19] MR. MC CONNELL: Objection. Leading. [20] MR. BRAY: Let me rephrase that. [21] BY MR. BRAY: [22] Q Who visited the patients at the hospital? Page 40 [1] A I did with some of our nurses from St. Louis. I [2] know that I went around with Edgar Queeny and Bill Rand to [3] some of the hospitals. He was very solicitous about the [4] workers and of course, the hospitals. I think they [5] collected $500,000 from them for a burn ward. And [6] St. Mary's Hospital was not quite as - I guess St. Mary's [7] was a Catholic hospital. They collected $50,000, not for [8] fees, but just to establish a - I guess, also an emergency [9] ward. [10] Q You mentioned Bill Rand. Who was Bill Rand? [11] A He was the president. I think he was the CEO at [12] that time. [13] Q After this disaster at Texas City, the [14] explosion, what did Monsanto do with respect to repair or [15] rebuilding of the plant? [16] A Oh, they rebuilt it certainly, but they really [17] couldn't add much in the line of safety with the exception [18] of moving the dock, which wasn't theirs. I mean, this was [19] an act of God. It was entirely outside our responsibility [20] or purview. We couldn't do anything about what they [21] parked, what they docked along that pier. [22] Q Aside from an event like this, the Texas City * 1 2 3 Page 41 [1] explosion, during your career as medical director at [2] Monsanto, did you have problems with particular products [3] at Monsanto? I [4] A Yes. We had a product called I [5] para-aminobiphenyl, PAB, which was used as an I antioxidant I [6] rubber, especially tires. This had been manufactured for [7] 30 years. We were the only manufacturer in the United [8] States. And I don't know who was manufacturing in [9] ex-U.S.A., but there was nothing in the literature that it [10] had been manufactured just by us. And it turned nut that [11] this was a bladder carcinogen, and that was a very sad [12] situation. [13] Q How many years after the manufacture began was [14] it determined that this was a bladder carcinogen? [15] MR. MANTA: Objection. [16] THE WITNESS: 25 or 30. [17] BY MR. BRAY: [18] Q Where was it manufactured? [19] A The raw material was manufactured at Queeny [20] Plant, that's the plant in St. Louis. It was then - some [21] of it, a small amount was sent over to the East St. Louis [22] plant, called the Krummrich plant. And the majority of it Page 42 [1] was sent to Nitro, West Virginia where it was made into [2] the antioxidant which was sold to the tire manufacturers. [3] Q You say antioxidant? [4] A Autioxidant. [5] Q What is that? [6] A It prevents the tire from deteriorating because [7] of oxygen. [8] Q So this is a material which Monsanto would sell [9] in chemical form to another manufacturer? [10] A To Firestone, for example, and they would mix it [11] in and make a tire out of it. [12] Q When was the problem with this product - which [13] I'll refer to as PAB, if that's acceptable - when was the [14] problem discovered? [15] A Well, I think you have to differentiate with [16] when the suspicion occurred and when were we 100 percent [17] sure that that was the cause of it. I would say that in [18] the early '50s, we were suspicious of it because we had a [19] couple of confusing cases at Nitro. And it was only after [20] we found a case that developed in the urine in this man. [21] it was a safety man at Nitro, and he did not have a great [22] deal of exposure there. But in checking his work record. Page 43 [1] we found out he had worked in St. Louis in the manufacture [2] of the first stage of manufacturing the antioxidant. [3] So then we developed - we had thought that - we [4] started examining the people at the Queeny Plant. The [5] examination is a cystoscopic examination which takes a [6] little doing to talk to people into getting it done [7] because it's painful. And we had the first 20 people we [8] examined at Queeny, we didn't find anybody with a cancer. [9] Q And these 20 people, had they been exposed as [10] workers? [11] A Oh, yes. We started off with the people working [12] in the plant right now. And this was a department where [13] people worked a long time. There wasn't a big turnover. [14] Then we - after the second batch, about the second 20 or [15] 30, we found four cases. At first we believed that these [16] cases were due to the exposure at an earlier time. There [17] was a latent period of cancer, and we thought that in the [18] early days, it was pretty crude operations, just before 1 [19] got there. But even in 1936 when I got in there, it was a [20] pretty crude operation. [21] So then we tried to police the area, clean it up [22] and did - developed methods for finding out the material * I I Page 44 i [1] in the air. developed methods for finding out whether I [2] material was present on the railings of the steps of the ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 38 to Page 44 WATER PCB-SD0000062535 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 XMAX18) [3] department. Made quite a number of improvements. So we [4] thought, we've got this material - this problem licked. [5] We developed reagents that you could spray on the [6] equipment and if there was any PAB out there that turned [7] red. and we weren't getting any, but we also developed a [8] method for analyzing for PAB metabolites in the urine. [9] And we were finding that, and we weren't finding any in [10] the air. We weren't finding any in the railings. So [11] Q What conclusion would you drawfrom that? [12] A Well, it looked like we were doing everything we [13] could but the fellows were still getting material into [14] them because it showed up in the metabolites. [15] Q By the urine samples ? [16] A Yes. Of course, if you ran an air sample, you [17] aren't running it 24 hours a day. I mean, the same thing, [18] if a person is packing a pump, you put everything on them, [19] all the protective material you have, but you still - you [20] still get it. [21] So we decided we have to get out of this. They [22] said that the Europeans were manufacturing a similar Page 45 [1] compound that was proven to be a bladder carcinogen. So I [2] went over to Germany and went to a couple of their plants. [3] and contrary to their statements, they were still getting [4] tumors. So I said, we've got to get out of this business [5] and so there was no argument from management. They got [6] out. [7] Q And what was the significance of this product to [8] Monsanto at the time? [9] A I think it was their biggest profit maker at [10] that time. It was a pretty significant product. [11] Q When Monsanto decided to get out of this [12] product - 1 take it, "get out, " you mean stop [13] manufacturing it? [14] A Yes. [15] Q Did other companies make similar or comparable [16] products? [17] A Yes. Some of them did. I know one very large [18] company did, and they had even an air-conditioned plant, [19] and they had air-conditioned locker rooms. They had a [20] pass-through room where the fellows take off their work [21] clothes, take a shower and put on their regular clothes. [22] So they thought they had the problem whipped. Page 46 [1] too, but they ended up getting out of the business, year. [2] year and a half - I don't know how long afterwards they [3] got out of the business also. This was not PAB, it was [4] alpha-naphthylamine, which was a beta-naphthylamine, which [5] is sort of a kindred product to it. [6] Q What problem did it cause ? [7] A Same thing, bladder tumors. [8] Q When you referred to a product like this as a [9] carcinogen, would you describe briefly what you mean. [10] A Yes. A carcinogen is something that in [11] sufficient dose will cause cancer in either an animal or a [12] human. [13] Q In a case of PAB, when you talked about having [14] the problem whipped, l take it, you don't mean that the [15] PAB no longer was a carcinogen? [16] A No, but the manner in which we used it was such [17] that we did not think they were getting sufficient [18] exposure to cause cancer. It still had an inherent [19] property of causing cancer. You couldn't change that. [20] Q During the course of the suspicion or the [21] determinations with respect to the carcinogenic propertv [22] of PAB, what, if any, disclosure was made by Monsanto to Page 47 [1] state officials or other regulators? [2] A Well, first we told all our workers. Second, we [3] talked to the state people. We went down to West Virginia [4] and we talked to them months or weeks after we made our [5] mind up that this is very probably causing cancers. We [6] talked to our insurance companies. We talked to Liberty [7] Mutual. They came down and analyzed the situation with [8] us. We talked to our customers. 1 went to the medical [9] directors of the big three rubber places, Firestone, [10] Goodrich and Goodyear and said here's what we're getting. [11] We're getting a, bladder tumors in our workers. And 1 [12] know in England the vast majority of bladder cancers were [13] caused in the tire industry. You better look and see your [14] people and check them out to be sure they're not getting [15] cancers. So they did and they found out fortunately, that [16] it didn't carry over into the tire manufacturing. [17] Q It did not carry over? [18] A Did not. You know, you're asking me about all [19] the problems. After all, we had 55 plants, and we were [20] working there for 30 years with sales of several billion. [21] So it wasn't all problems. You asked me for the big [22] ones. Page 48 | [1] MR. BRAY: We'll mark as - you can mark these j [2] Kelly Exhibit 1 as opposed to just Exhibit I. That's what [3] we've done in other instances of depositions on video [4] after there's been an earlier deposition, simply to [5] distinguish the nomenclature that the exhibits marked here [6] from exhibits on the other one. That - [7] MR. MANTA: I think the deposition exhibits are [8] marked Kelly 1, Kelly 2, et cetera. [9] MR. BRAY: Are they marked Kelly l and 2 on the [10] discovery deposition? [11] MR. MC CONNELL: Why don't we go off the record [12] for a minute and check that. Do you got it, Joe? [13] MR. MANTA: Yes. [14] VIDEO OPERATOR: We're off the record at 11:54. [15] (Discussion off the record.) [16] (Kelly Exhibit V-l identified.) [17] BY MR. BRAY: [18] Q Dr. Kelly, I've handed you what's been marked as [19] Exhibit Kelly V-l and ask you if you've had an opportunity [20] to take a look at that document. [21] A Yes, I have. [22] Q Are you familiar with that memorandum? I Page 49 [1] A Yes, I am. [2] Q And this refers to a meeting, does it not? [3] A Yes. it does, meeting of August the 3rd. [4] 2 1962? [5] A Is it '62? Yes. Okay. [6] 2 ? apologize. The copy is hard to read, but I [7] believe for most of the things that we may refer to, it's [8] probably legible. This was a meeting between what [9] organizations ? [10] A Monsanto andLiberty Mutual. [11] 2 At the time of the PAB matter that you've just [12] described, who was the insurance company representing [13] Monsanto on workmen's compensation and general ILinilitv [14] coverage? [15] MR. MC CONNELL:Objection. No foundation. [16] THE WITNESS:Liberty Mutual. [17] BY MR. BRAY: [18] 2 And that's the group that was at this meeting in [19] 1962? [20] A Yes. [21] 2 Were they still your insurer in 1962?1 [22] A Yes. Page 50 [1] 2 Would you describe with respect to the reference Page 44 to Page 50 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062536 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 XMAX19) [2] in the first paragraph with the heading which appears to [3] start with the letters "PAB " or "PAB costs." Do you see [4] that on the first page, the first paragraph with the [5] heading right below the list of those in attendance ? [6] A Yes, sir. [7] Q It says "PAB costs"? [8] A Right. [9] Q At the time that this meeting occurred, what was [10] it that Monsanto and Liberty Mutual were doing with [11] respect to the PAB matter? [12] MR. MANTA: Objection. Lack of foundation. [13] THE WITNESS: At this time in '62? [14] BY MR. BRAY: [15] Q '62, yes. [16] A Well, of course, we were out of the business in [17] '62. We still had cases occurring. I had talked to [18] Liberty Mutual about doing an actuarial study so that they [19] could give me some idea of how many cases we're going to [20] have down the line. And they came out with their best [21] estimate, which I think fortunately was more pessimistic [22] than actually happened. We were also continuing our Page 51 [1] investigation to discover new cases. We had also by that [2] time inaugurated the Pap, p-a-p, state, which would, if [3] not eliminate it, would lengthen the distances - the time [4] between cystoscopies. The problem - you've got to [5] really - you put this person ou this program, you examine [6] him for the rest of his life, and you don't get the tumors [7] until pretty much later on in his life. [8] So he's had 15 negative cystoscopies and about [9] the time he's coming in - you're talking of examining him [10] for the 16th or 17th, he's a little reluctant. He says [11] look. I've been doing fine up to now, why do I keep ou [12] doing this? [13] Q How did this Pap smear test come about? [14] A A fellow from England was doing it and he came [15] over. He was with ICI, I believe, over in England, and he [16] came over - I guess I had corresponded with him or [17] something before, and he said he was doing this in his [18] workers in clinical medicine, Pap is used a great deal, [19] obviously, in vaginal and cervical carcinoma. [20] It's used a great deal in sputum and lung [21] carcinoma but it never was used much in urinary carcinoma [22] because - well, you didn't get much of a - if one in every Page 52 [1] 2000 men over 60 develop a cancer in the bladder, whether [2] they've never even heard of a chemical institution or not. [3] just take a routine Pap state on people with no symptoms. [4] it doesn't do you any good. You don't find it, but they [5] were concentrating the material, and here we knd a group [6] that we knew were - if anybody was getting cancer, these [7] people were liable to. So we thought it would be a good [8] idea to run these Pap states. [9] Well, it did help, but you couldn't be sure. [10] You'd run two or three negatives. We ran those every' six [11] months. Pardon me. So instead of checking a fellow every [12] year for a cystoscopic, we might just check him everv two [13] years and save him half the bother. So it wasn't a [14] definite - it didn't definitely eliminate the need for [15] cystoscopies, but it certainly prolonged the interval [16] between them. If the person were really adamant about not [17] getting cystoscopies, we did feel a little safer running a [18] Pap on them. I [19] Q Who developed the Pap technique? | [20] A Who? I think it was a question of this English ! [21] outfit plus Sloan-Kettering in New York. That was our | [22] consultant. We went up there to Sloan-Kettering Hospital. ! Page 53 I [1] and they developed as far as we were concerned. We sent [2] our technician up there to learn the system and it worked [3] out real well. [4] Q It proved to be effective? [5] A Yes, with those boundaries, that it was [6] effective - we found some that had not been found on the [7] last cystoscopic. So we were happy about it, but with the [8] provision that you weren't home-free if you just had [9] negative Paps. You had to have somebody look at the [10] bladder every once in a while. [11] So we did them both, but on people who had been [12] examined- for 20 years and were negative all the time, we [13] were able to rely on Paps fairly strongly to examine these [14] people every five years or something like that. [15] Q With respect to Liberty Mutual and its role in [16] monitoring or studying this PAB problem, how long had [17] Liberty Mutual at the lime of this meeting been involved [18] in the PAB problem at Monsanto? [19] MR. MANTA: Objection. Leading. [20] THE WITNESS: I would say since several weeks [21] after we were. 1 mean, we told them as soon as we found [22] out that we were getting these cases, and they came down Page 54 [1] and looked over our departments with our engineers - with [2] our industrial hygienists. [3] I went around to - we didn't go to Nitro because [4] they didn't insure Nitro. but we went to the Queeny Plant [5] and the Krummrich plant. Then we - [6] BY MR. BRAY: [7] Q What access were they permitted to the plant [8] areas that were involved in the PAB problem ? [9] MR. MANTA: Objection. Lack of foundation. [10] THE WITNESS: All of it. They may have gone to [11] Nitro, i'm not sure, just for their own information, but [12] they were not covering the Nitro employees. That was a [13] state fund. [14] Oh, by the way, you asked me about government [15] people. We obviously told the Missouri compensation [16] board, and we went to the department in - I don't know [17] what they called it, but it was a compensation department [18] at Nitro. We talked to their Paul Halley, who was their [19] administrator in charge, and we told him, here's what we [20] got, here's what we're doing, and that's how we told [21] them. I don't think we told anybody in the federal [22] government at that particular time. We wrote the material1 11 Page 55 [1] up in journals for the medical profession. [2] Q Actually published articles describing the [3] problem ? [4] A Yes. [5] Q With respect to the aftermath after Monsanto [6] decided to stop manufacturing PABs, what became of the [7] technology for making PABs? [8] A I think they threw it in the wastebasket. A [9] couple of people tried to buy it. They wanted to go and [10] manufacture the material themselves, and we said, heck, if [11] we can't make this safe, nobody else can. We're not going [12] to be a partner before the fact, and we won't sell it to [13] you. [14] Q So did Monsanto decline to sell the technology [15] to these people? [16] A Yes. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 50 to Page 55 WATER PCB-SD0000062537 BSA Depo of: R, EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277,0 XMAX(IO) [17] MR. MANTA: Objection. [18] MR. MC CONNELL: Object to form. [19] BY MR. BRAY: [20] Q Since that time - what year was this Monsanto [21] stopped manufacturing PABs? [22] A '55, 1 think. Page 56 [1] Q Since that time, has Monsanto ever manufactured [2] PABs again ? [3] A Never. [4] Q Do you recall what, if anything, was the [5] reaction of the Monsanto customers to Monsanto s decision [6] to stop manufacturing PABs? [7] A I don't think they were very enthusiastic about [8] it. There were substitutes - not Monsanto products that [9] were substitutes but they obviously didn't work as well, [10] and I guess they used the phenyl beta-naphthyiamine for a [11] while. And 1 understand in the common market, they still [12] are manufacturing beta-naphthylamine, which is a companion [13] product - not a companion, but a neighboring product. [14] But it's not allowed into the country they [15] sold - there is no bladder carcinogen present in tires or [16] in the rubber material in the United States. [17] Q During the course of the decisionmaking that [18] you've described about investigating PABs and worker [19] health and the decision ultimately to stop manufacturing [20] it, did you remain in regular consultation with the [21] Liberty Mutual representatives about what Monsanto was [22] doing and planning to do? I Page 57 [1] MR. MC CONNELL: Object to form. Object to [2] leading. [3] THE WITNESS: Well. I'm sure I did. I'm not too [4] familiar with the details. Certainly they knew we were [5] getting out of the business. I mean, I don't know if I [6] told them or who told them, but they knew we were getting [7] out. [8] BY MR. BRAY: [9] Q Do you recall what, if anything, was Liberty [10] Mutual's reaction to the progress that Monsanto was making [11] in handling and resolving this problem ? [12] MR. MC CONNELL: Object to form. Object to [13] leading. [14] MR. MANTA: Objection. [15] THE WITNESS: To the best of my knowledge, they [16] were agreeable in what we were doing. They never at any [17] time during the whole problem had any suggestions about [18] what should be done in the process or the environment or [19] the protection of the men. They never had any suggestions [20] as to how we should handle the detection and treatment of [21] the individual cases. And they seemed to think we were on [22] the right track. We had a nasty problem. We were Page 58 [1] handling it the best anyone could. [2] BY MR. BRAY: [3] Q Referring to the second page of Kellv Exhibit [4] V-l. the last paragraph with the heading "loss [5] prevention," do you see that paragraph? [6] A Yes. [7] Q It makes a reference to - it seems to be another [8] subject, a detergent ingredient. Do you see that? [9] A Yes. That's when they were manufacturing [10] detergent for Proctor & Gamble. And there was an enzyme [11] in the detergent and it gave workers a lot of asthma. I [12] don't know if this is that one. This refers to [13] Q With respect to that subject, this paragraph [14] says - if I can read the last paragraph, it's a little [15] hard to read so if you'll indulge me, I'll read it aloud. [16] if you can follow along and see if that's what it appears [17] to say. [18] The last sentence of that paragraph says "It was [19] agreed that this exploratory inquiry would require the i [20] certification and cooperation of Monsanto's legal, [21] medical, treasury and research representatives as well as [22] representatives of those Liberty Mutual departments wlw Page 59 [1] have knowledge of the causes and prevention of liability [2] losses, including representatives of our research [3] center. " [4] Do you see that? [5] ' A Yes. [6] Q And the memo is written by Leslie Lancaster. Do [7] you know who he was? [8] A Yes. He was the head of the St. Louis office of [9] Liberty Mutual. [10] Q I take it "our research center" refers to [11] Liberty Mutual's research center? [12] A That's correct, sir. [13] MR. MC CONNELL: Objection to leading. [14] MR. MANTA: Objection. [15] BY MR. BRAY: [16] Q Is that your understanding? [17] A Yes. [18] MR. MC CONNELL: Object to leading. [19] BY MR. BRAY: [20] Q Do you know whether Liberty Mutual had a [21] research center? [22] _____A Not in St. Louis, but they did in Boston. Page 60 [1] Q What is toss prevention? 1 [2] A Just what it says. They want to keep losses : [3] down for their policyholders and incidentally for j [4] themselves so they don't pay out money on losses, and I [5] think it's the phrase that carriers use very much in j [6] seeking new business, that they have an active group of J [7] scientists who are trying to help the policyholder in any [8] way they can and by scientific expertise. Liberty had a [9] whole group of these people. [10] MR. MANTA: Objection. Move to strike. [11] Nonresponsive. [12] BY MR. BRAY: [13] Q What loss prevention services did Liberty Mutual [14] provide for Monsanto while you were medical director? [15] A Gosh, one time they spent six months at the [16] behest of Liberty Mutual and our Mr. Rand, the president, [17] they sent a couple of their task force out with our safety j [18] and industrial hygiene people. [19] And as I said, they spent - went all the way [20] through all our plants. They spent up to five days in [21] some of the plants. They ended up with a report of about i [22] that big (indicating) at the end of this six months in 1 11 j Page 61 j [1] which they made all sorts of suggestions, both from the [2] industrial hygiene and the safety aspect. [3] Q What was Monsanto's response to the suggestions [4] Liberty Mutual made? [5] A Oh, we're happy to have them. I mean, I think [6] some we agreed with and some maybe we didn't agree with. ! [7] I don't know, I don't know that - I can't differentiate j [8] them right now which was which, but they were happy j to j [9] have them. Here we are, we get a bunch of high grade : [10] professionals for free. j [11] Q What was Monsanto's policy with respect to i [12] permitting access on the part of Liberty Mutual to all ; [13] these plants? j [14] MR. MANTA: Objection. Lack of foundation. | [15] THE WITNESS: Well. Wheeler went around with j [16] them and according to Wheeler, there was no problem at ! [17] all, and I never saw any correspondence that there was any i [18] problem with Liberty Mutual having access. Certainly, | [19] this was a previous time when I went around with Chuck | [20] Williams. We walked in the front door and said hello to \ [21] the plant manager, and he said let me know what you j want. Page 55 to Page 61 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062538 BSA_________________________Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277,0___________________ XMAX(ll) [22] We went around like we were all Monsanto employees. Page 62 [1] BY MR. BRAY: [2] Q Who was Chuck Williams? [3] A He was a PhD who was the head of their - I [4] guess he was a top scientist in their loss prevention [5] group from the standpoint of industrial hygiene that was [6] from the standpoint of getting your hand caught in a gear [7] or something like that. [8] Q And he WOS somebody you personalty dealtwith? [9] A Yes. [10] Q During the course of your dealings with [11] Mr. Williams, did he request information from you about [12] Monsanto plants or products? [13] A Did he what? [14] Q Did he request information from you about [15] Monsanto plants or products? [16] A Oh, sure, but we went into a plant and hewas [17] not only me but the plant manager, the manufacturing [18] superintendent who I knew vaguely what they were - all the [19] products they had. but he would get the information right [20] from the plant manager of the individual plant. [21] Q And what was Monsanto's response when [22] Mr. Williams would ask for information? I Page 63 [1] MR. MANTA: Objection. Lack of foundation. [2] THE WITNESS: Here it is. You want this? Here [3] it is. [4] BY MR. BRAY: [5] Q This exhibit, Kelly Exhibit V-l on page 2, the [6] paragraph right above the one relating to loss prevention [7] refers to some cases, Connors and Ames Nursery case, onion [8] cases, parathion destruction offish in Alabama. [9] Do you see that paragraph? [10] A Which paragraph is this? [11] MR. MC CONNELL: Object to form. [12] BY MR. BRAY: [13] Q Do you see thatparagraph ? [14] A Which one is it? [15] Q The paragraph right above the last paragraph on [16] page 2, the paragraph that has a very difficult to read [17] caption. [18] A The sentence that starts "All outstanding cases [19] in which suits have been tiled were reviewed," is that [20] it? [21] Q Yes.1 11 [22] A Okay.j Page 64 [1] Q And the last sentence of that paragraph states [2] and I think I can read it, "It was agreed that the recent [3] experience has been adverse and contrary to that of some [4] years back, but it was also agreed that Monsanto's [5] operations and products have created and will continue to [6] create serious loss potential of considerable magnitude. " [7] Do you see that? [8] A Yes. [9] Q Was that based on information obtained by [10] Liberty Mutual during loss prevention inspections? [11] MR. MANTA: Objection. Lack of foundation. [12] THE WITNESS: I don't know. [13] BY MR. BRAY: [14] Q During your dealings with Dr. Williams, Chuck [15] Williams, did Dr. Williams appreciate the loss potential [16] of Monsanto products and operations? [17] MR. MANTA: Objection. Lack of foundation. [18] THE WITNESS: I don't know. I mean, he's been [19] in that business for around 20 years at that time, and he [20] was a scientist, and he was - 1 think if anybody knew it. [21] he would because he had been around there and he was an [22] experienced insurance professional. 1 feel quite sure he : Page 65 [1] did, but he never talked to me about saying hey, you got a [2] big problem here. I don't recall that. [3] MR. BRAY: Could we take the opportunity to take [4] a lunch break at this point? ' [5] MR. MC CONNELL: That's fine. j [6] THE WITNESS: It's okay with me. [7] MR. BRAY: Come back in roughly an hour. [8] MR. MC CONNELL: Sure. ~ : [9] [10] MS. SCHIFFER: Are we off the record? MR. BRAY: We'll probably just be here, so if ; [11] you want to come back and we're assembling earlier, that's . [12] tine. If you get back and I'm not right here, don't wait | [13] around, just have somebody buzz me. but we'll be back no ! [14] later than an hour. J [15] MS. SCHIFFER: Are we off the record? j [16] , [17] j [18] VIDEO OPERATOR:Do you want to go off now ? MR. BRAY: Go off. VIDEO OPERATOR: We're off the record at ! [19] 12:24 p.m. | [20] (Whereupon, at 12:24 p.m., the deposition was j [21] recessed, to be reconvened at 1:24 p.m. this same day.) j [22] j Page 66 ! [1] AFTERNOON SESSION (1:34 p.m.) j [2] Whereupon, [3] R. EMMET KELLY j [4] resumed the stand and, having been previously duly sworn, 1 [5] was examined and testified further as follows: [6] VIDEO OPERATOR: We're back on the record at [7] approximately 1:34 p.m. [8] MS. SCHIFFER: I'm Lois Sohiffer. counsel for [9] certain underwriters of Lloyd's of London. [10] EXAMINATION (Continued) [11] BY MR. BRAY: [12] Q Dr. Kelly, before our break, we spoke briefly [13] about inspections of Monsanto plants by representatives of [14] Liberty Mutual in connection with something called loss [15] prevention. Do you recall that? [16] A Yes, I do. [17] Q What is an industrial hygiene inspection? [18] A An industrial hygiene inspection is - takes one [19] uf two forms. One is what is called a walkthrough [20] inspection in which he attempts to ascertain whether any [21] hazardous air conditions occur, either gaseous or [22] particulate. He does this by smelling, by seeing the Page 67 [1] presence of dust and watching the operations that a [2] worker - the operations he goes through and what exposure [3] he has. [4] The other type is supplemented by air analysis [5] itself, actual analysis of the air. He does that by [6] various instruments which draw a measured quantity of air [7] through a solid pickup or filter paper pickup, the dust or [8] contaminant in the air. And from there, he makes a [9] judgment as to whether or not the hazardous condition [10] exists to the worker. [U] Q What, if any, role did Liberty Mutual [12] representatives play in industrial hygiene inspections at [13] Monsanto plants? [14] MR. MANTA: Objection. [15] THE WITNESS: Quite a bit in the early days. [16] They had an industrial hygienist and we didn't have any. [17] And later on they would go around with Elmer Wheeler when [18] we had an industrial hygienist and supplement his work. [19] BY MR. BRAY: [20] Q Do you know how many various Monsanto plants [21] Liberty Mutual participated in industrial hygiene [22] inspections of? * 1 2 3 4 5 6 i Page 68 : [1] MR. MANTA: Objection. No foundation. j [2] THE WITNESS: I don't know. I know my own [3] knowledge what Williams and I went to at least five. 1 ! [4] don't know how many he went to with Wheeler. Of course, j [5] in that big six months Steely went to all we had at that j [6] time and 1 don't know whether we had 30, 35 plants. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 61 to Page 68 WATER PCB-SD0000062539 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 XMAX02) [7] BY MR. BRAY: [8] Q Do you recall what, if any, complaints or [9] criticisms or recommendations came from Liberty Mutual [10] after such inspections? [11] A 1 don't recall the details at this present time. [12] Q Do you recall what their overall level of [13] complaint or criticism of Monsanto was? [14] A No. [15] MR. MANTA: Objection. Speculation. [16] THE WITNESS: No. 1 don't believe he had any [17] particular complaints about the character of the [18] environment in our various plants. [19] BY MR. BRAY: [20] Q During the period of time when these inspections [21] occurred, which I think you've indicated was in the area [22] of the early 1950s - Page 69 [1] MR. MC CONNELL: Objection to form. Object to [2] leading. [3] MR. MANTA: Objection. [4] THE WITNESS: That was the first ones. There [5] was others later that there were at several different [6] times. [7] BY MR. BRAY: [8] Q Referring to the period of the early 1950s, what [9] was Monsanto's management's policy and attitude with [10] respect to environmental safety relating to matters like [11] industrial hygiene with respect to its plants? [12] MR, MC CONNELL: Object to form. No foundation. [13] THE WITNESS: Well, it was we want to operate [14] safe plants. We're not going to harm any of our workers. [15] We're not going to harm anybody outside the fence by [16] discharges of hazardous materials that aren't taken care [17] of. ' [18] BY MR. BRAY: [19] Q By "outside the fence, " what do you mean? [20] A The periphery of our plants. In other words, if [21] we were spraying acid mists on the automobiles parked on [22] the street outside our plant, we were going to stop it. Page 70 [1] We didn't want to do that. The same thing would go for [2] any other contaminant that might be released from our [3] manufacturing operations that could impinge upon the [4] neighborhood. [5] Q With respect to environmental matters, what role [6] did the medical department play and when did it begin to [7] assume duties with respect to what you would call [8] environmental matters? [9] MR. MC CONNELL: Object to form. Object to [10] leading. [11] THE WITNESS: You lost me on that second part of [12] the question. Mr. Bray. [13] BY MR. BRAY: [14] Q When did the medical department begin to play a [15] role with respect to environmental matters? [16] MR. MC CONNELL: Object to form. Object to [17] leading. [18] MR. MANTA: Objection. It's also unclear. [19] MR. BRAY: I'll be glad to rephrase it. [20] BY MR. BRAY: [21] Q War there a time when the medical department [22] began to play a role with respect to environmental 1 11 Page 71 [1] matters? [2] A Well, I know [3] MR. MANTA: Objection, still unclear. [4] MR. MC CONNELL: Object. [5] THE WITNESS: I know in 1952 we were given [6] authority, responsibility for playing a role. I'm not too [7] familiar with our role in the years before 1952. That was [8] what, 40 years ago. [9] BY MR. BRAY: [10] Q At least in 1952 you began? [11] MR. MC CONNELL: Object to leading. [12] THE WITNESS: Yes, we were doing it then, yes. [13] BY MR. BRAY: [14] Q Other than Mr. Garrett and Mr. Wheeler, were [15] other individuals involved in that environmental work? I [16] A Well, it depends on the time frame. I mean, in [17] 1970, Papageorge was the point man for environmental [18] work. In the other years, earlier years, plants had their [19] own - some had their own industrial hygienist, some of [20] their own research people in our fluorine operations. We [21] had plant people go out and sample vegetation around the [22] plant. Page 72 [1] Q What was the division offunctions as between ! [2] the central medical department and the plants with respect [3] to environmental matters? | [4] MR. MC CONNELL: Object to form. [5] MR. MANTA: Objection. Still not clear. [6] THE WITNESS: The plants were responsible for [7] the day-to-day operation of waste disposal, and they were [8] also responsible for the documentation of the amount of [9] environmental contamination that could result from air [10] streams being liberated. This is especially true at our [11] plant in Columbia, Tennessee and in Soda Springs, Idaho [12] where we had fluoride emissions. [13] BY MR. BRAY: [14] Q Who was in charge ofpolicy with respect to [15] environmental matters? I [16] A I guess the executive committee - I don't mean ' [17] guess. I think the answer is the executive committee, j [18] I'm not guessing about it. I [19] Q Who did the executive committee deal with in [20] conveying policy directives? [21] A To the vice presidents in charge of the [22] individual divisions which had control over the plants. Page 73 [1] Q Was it part of your function to become familiar [2] with what those policy directives were? [3] A Yes. I knew what they were. [4] Q During the period of time - and I'll ask you a [5] couple of different periods of time - in the 1950s, what [6] policy directives relating to the environment did you have [7] occasion to become personally involved in, that is [8] personally dealing with? [9] A Well, when you say "personally," members of the [10] department were more concerned personally than I was. i [11] WTieeler and Garrett were, although I was familiar with ! '* 1 [12] they reported to me. [13] We had the directive from the executive [14] committee that I've talked about before, that the medical [15] department was held responsible for monitoring the [16] treatment of effluents from the plant to be certain that [17] they were handled in the state-of-the-art manner and [18] although we weren't supposed to police them every day, we | [19] looked over the flow sheets to be sure that the | [20] consideration was paid to those particular potential i [21] problems. I [22]Q Who did police them every day, if anyone? ! Page 74 I [1] A I beg your pardon? i [2] Q Who did police them every day, if anyone? I [3] A Oh, the plants police them themselves. I [4] Q Were Mr. Wheeler or Mr. Garrett in regular j [5] contact with plants? ! [6] A Yes. | [7] MR. MANTA: Objection, j [8] BY MR. BRAY: [9] Q And they reported to vou with respect to [10]environmental matters that they were dealing with? i [11] A That's correct. [12] Q You in turn reported to the executive committee ? [13] A That's correct. We had a monthly report we had [14] to send to the executive committee. Later that was made :a I [15] quarterly report in which one of the sections was Page 68 to Page 74 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062540 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 XMAXU3) [16] environmental control. [17] Q Did you have occasion from lime to time in your [18] work as medical director to attend meetings together with [19] the representatives of Liberty Mutual Insurance Company at [20] which environmental matters were discussed? [21] MR. MANTA: Objection. [22] THE WITNESS: Yes. 1 did. Page 75 [1] BY MR. BRAY: [2] Q Do you remember how often, how regular those [3] meetings were? [4] A It wasn't regular. It was certainly irregular, [5] and I can think of three or four specific times when it [6] wasn't once a month, once in six months. I think YVheeler [7] and Garrett did more of that than I but I know I did on [8] some occasions. [9] Q Did they attend the meetings that you attended [10] with Liberty? [11] A I can't be 100 percent sure of that. I don't [12] know. [13] Q Do you recall Liberty Mutual expressing any [14] attitudes, approval, disapproval, complaint or criticism. [15] of Monsanto's policies and dealings with respect to [16] environmental matters when you were medical director? [17] MR. MC CONNELL: Object to form. [18] MR. MANTA: Objection. Foundation. [19] THE WITNESS: I don't recall any criticisms. My [20] general impression is that they were approving the manner [21] in which we operated. [22] BY MR. BRAY: Page 76 [1] Q During the course of your tenure as medical [2] director of Monsanto, what, if any, complaints do you [3] recall hearing from Liberty Mutual regarding access or [4] lack of access to Monsanto plants? [5] MR. MANTA: Objection. Leading. No foundation. [6] THE WITNESS: Well, that's a confusing question [7] because there were no complaints as far as access is [8] concerned. If they were let in, there would be no [9] complaints. And lack of access, I may have seen an [10] occasional memorandum that there may have been a wait [11] until they got a clearance or a confidentiality report. [12] But by and large, I don't recall any problem [13] with access to any of our plants by Liberty Mutual [14] people. There certainly were no complaints made to me. [15] BY MR. BRAY: [16] Q The subject of waste disposal is involved in [17] this lawsuit in which this deposition is being taken, [18] Dr. Kelly, in particular, waste disposal at the Texas City [19] plant of Monsanto. From the standpoint of the medical [20] department, who was most directly involved in the matter [21] of waste disposal at the Texas City plant?1 11 [22] A Garrett. Page 77 [1] Q And for what periodof years? [2] A As long as he waswith us. 1 guess later on in [3] the - when we get up to around the '70s, the Texas people, [4] the Texas division had enough expertise and personnel of [5] their own that they handled it but I know Garrett was [6] involved all the way through as long as I was with [7] Monsanto. [8] Q Did Mr. Garrett report to you with any [9] regularity about the waste disposal procedures being [10] followed at Texas City? [11] A Yes, he did. [12] Q Do you know what was done with so-called tars or [13] still bottoms at the Texas City plant? [14] A Yes. Some were sold to a recycler where they [15] were trying to reclaim either catalysts or metals from [16] it. Some was put in the landfills, either in our own [17] location or at a location of commercial sites. [18] Q The handling of these tars and still bottoms, [19] was it reviewed on a regular basis by the medical [20] department people? ! [21] MR. MC CONNELL: Objection. No foundation. i [22]_______MR. MANTA: Objection. Page 78 | [1] i [2] i [3] | [4] THE WITNESS: I don't believe it was. no, sir. BY MR. BRAY: Q Was it reviewed by the plant people? A Yes. ' i [5] MR. MC CONNELL: Objection. Foundation, i [6] ; BY MR. BRAY: | [7] Q To what extent did Mr. Garrett become involved | [8] in any decisions with respect to specific waste disposal | [9] at the Texas City plant? [10] MR. MC CONNELL: Objection. Foundation. [11] THE WITNESS: I don't think 1 could detail that. [12] Mr. Bray. [13] BY MR. BRAY: [14] Q Did you personally have occasion to visit the [15] waste disposal facilities at the Texas City plant? [16] A No, I did not. [17] Q Did Mr. Garrett? [18] A Yes, he did. [19] MR. MC CONNELL: Objection. Foundation. [20] BY MR. BRAY: [21] Q How about Mr. Wheeler? What, if any, role did [22] he have with respect to waste disposal at the Texas City j [1] plant? Page 79 ; [2] A Not a great deal. They didn't have much of an i [3] air pollution problem because they flared most of their [4] off gases, and Wheeler's specialty, as it were, was air [5] emissions so Garrett by far had a major role in Texas [6] City, in waste disposal from the medical point of view, [7] Q Did the methods of disposal of tars at the Texas [8] City plant: that is, the landfilling of tars, was that [9] something that came to your attention when you were head [10] of the medical department? [11] A Yes, it was. [12] Q Was that something approved by the medical i [13] department? [14] MR. MC CONNELL: Objections. Foundation. [15] THE WITNESS: Yes, it was. [16] BY MR. BRAY: [17] Q What were your reasons? [18] MR. MC CONNELL: Objection. Foundation. [19] THE WITNESS: Well, I was told by Wheeler and [20] Garrett that this was the type of operation that was used [21] throughout that part of Texas, that the type of clay used [22] for landfills was such that it did not allow leaching. It Page 80 [1] did not allow filtering through the bottoms because the [2] clay was more or less impervious. It was a very good [3] liner at the bottom. [4] It was a plan that was approved by the state of [5] Texas and the water control commission or whatever the [6] term was. people who had authority over licensing or [7] approving the disposal of wastes. All these people - all [8] these reasons were such that I considered it an up-to-date [9] method of disposal. [10] BY MR. BRAY: [11] Q With respect to materials being placed in soil, [12] referring to the area in the 19 - period of time in the [13] 1950s, do you recall what the prevalent beliefs were with [14] respect to the ultimate fate of materials that were placed [15] in soil, clay landfills? [16] MR. MC CONNELL: Object to form. Object. No [17] foundation. [18] MR. MANTA: Also, it calls for speculation. [19] THE WITNESS: Yes. There's a certain amount of [20] biologic degradation, and there was a certain amount of [21] the stuff just stayed there,i i [22] BY MR, BRAY. | Page 81 | [1] Q Stayed where ? j [2] A In the landfill, in theform in which it was j [3] dumped in, | [4] Q And what do you mean bybiological degradation? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 74 to Page 81 WATER PCB-SD0000062541 BSA_________________________Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277,0__________________ XMAXU4) [5] MR. MC CONNELL: Objection. Foundation. i [12] consistent or inconsistent with the prevalent practice [6] THE WITNESS: Bacteria chew up of these tars, 1 [13] throughout industry ? [7] bring them down to a less complex form that bears little ! [14] MR. MC CONNELL: Objection. No foundation. [8] or no relationship to the material that was already put in i [15] Object to form. [9] - that was put in at the start of the landfill. ; [16] MR. MANTA: Calls for speculation. [10] BY MR. BRAY: j [17] THE WITNESS: It was consistent with the [11] Q What does that mean in the case of so-called [12] toxic material that's put in the landfill and goes through [18] prevalent practice: in fact, there were probably a j [19] thousand of such landfills in that same area near Texas [13] this process '! [20] City where we had our values, same stratum of Beaumont [14] MR. MC CONNELL: Objection. No foundation. [21] clay, and they all did the same thing. That was, as I [15] Object to form. [22] said, the state-of-the-art procedure. [16] THE WITNESS: What does it mean? Page 85 [17] BY MR. BRAY: [1] VIDEO OPERATOR: This is the end of video [18] Q What does it mean in relation to the toxicity of [2] cassette number 1 of the deposition of R. Emmet Kelly. [19] the material that's put into a landfill and thereafter [20] undergoes this biodegradation biological degradation ? [21] A It lessens the toxicity. [22] ______MR. MC CONNELL: Same objections. Same [3] We're off the record at approximately 1:58 p.m. [4] (Discussion off therecord.) [5] (Recess.) [6] VIDEO OPERATOR: This is the beginning of Page 82 [7] videocassette number 2 of the deposition of R. Emmet [1] objections. | [8] Kelly. We're back on the record at approximately 2:03 [2] BY MR. BRAY: i [9] p.m. [3] Q Would you repeat the answer subject to the j [10] BY MR. BRAY: [4] objections? j [11] 2 Dr. Kelly, are you familiar with styrene tars ? [5] A It lessens the toxicity. j [12] A Oh, I know what they are physically. I don't [6] Q And again, referring to the 1950s, what do you \ [13] know the chemistry involved in the mixtures. It's a [7] recall was the belief with respect to the traveling, the j [14] mixture of various compounds. It varies at times [8] transport of materials that are put into a pit ? [15] according to the way the styrene plant ran. [9] MR. MC CONNELL: Object to form. No foundation. [16] 2 Did they have such tars as part of the process [10] MR. MANTA: Calls for speculation. ' [17] nr a result of the process at the Texas City plant? [11] THE WITNESS: You're talking about the transfer [12] out of the pit? [13] BY MR. BRAY: [14] 2 Yes. j [18] A Yes, they did. i [19] 2 Do you know whether these tars were part of the j [20] waste disposed of at the Texas City plant? \ [21] A Yes, they were. [15] A Not the hauling of the stuff and dumping in the ! [22] 2 And do you know how they were disposed of? [16] pit. I Page 86 [17] 2 ^s. [18] A Well, I believe that it didn't leak out, that it i [1] A Well, I think the minority went to a landfill. j [2] I do not know if some were sent to a reclaimer or recycler [19] didn't leach through, that it didn't filter through and it j [3] or not. But the vast majority of the material went to a [20] was in there for keeps. j [4] landfill. [21] 2 Did that belief change in the 1960s? j* 2 [5] 2 What was the conclusion or position of the [22] MR. MC CONNELL: Objection to form. No____________ i [6] medical department at Monsanto with respect to the Page 83 j [7] appropriateness of that method of disposal of styrene [1] foundation. [8] tars ? [2] MR. MANTA: Objection. I [9] MR. MC CONNELL: Objection. No foundation. [3] THE WITNESS: Well, I think it changed because | [10] THE WITNESS: We thought it was an adequate. [4] of the increase in the analytical skill. In other words, j [11] sufficient and state-of-the-art method of disposal. [5] where we were looking for one part per million, we could j [12] BY MR. BRAY: [6] find up to 1 part per trillion so that there would be i [13] 2 What can you tell us about the toxicity of [7] traces of a material that we might be able to find in the ; [14] styrene tars? [8] '60s and '70s that we did not find in the '50s - '40s and : [15] A Not too much. From the acute point of view, it [9] '50s because of the improvement in analytical skills. ; [16] was a moderately toxic compound. We didn't have any [10] BY MR. BRAY: ' [17] information from the long-term point of view of the [11] 2 How about the 1970s, do you recall whether those [12] beliefs changed in the 1970s? j [18] material, the chronic toxicity. There was not anything in j [19] the literature about it because, as I said, the styrene [13] MR. MC CONNELL: Objection to form. No i [20] tars varied composition almost from batch to batch. [14] foundation. Calls for speculation. ! [21] 2 When you talk about "from the acute point of [15] THE WITNESS: Probably went up to the ; [22] view," what do you mean, toxicity from the acute point of1 11 [16] quadrillions or something like that. The analytical ; Page 87 [17] parameters were just expanding all the time. They were ! [1] view? [18] finding smaller amounts. They were capable of finding | [2] A Well, what happens if you're loading up one of [19] smaller amounts as the years went on. [20] BY MR. BRAY: j [3] these dumpsters to go into a landfill and you spill it j [4] over yourself, what harm is liable to occur to you? [21] 2 During the time that Monsanto was disposing of [22] solid wastes to landfills at Texas City, do you recall 1 j [5] That's the acute toxicity. Chronic is what happens if you [6] get a little bit of it on you or breathe it every day for Page 84 [7] six or eight months or a year? [1] whether Monsanto's policy approved or disapproved of such j [8] 2 What did happen if you spilled it on you when [2] disposal methods? ; [9] you were loading it into a truck? [3] A No. We approved of it. I mean, we went along | [10] A It was an irritating compound. Conceivably with [4] with the state. The state approved of it. The state j [11] an LD 50 of about 1 or 2 grams per kilo if you've got [5] authorized it. They licensed it. We went along with j [12] enough on vou, you could get sick from it. It could be [6] them. I [13] harmful. " [7] MR. MC CONNELL: Move to strike as | [14] 2 what were the health effects to anyone of [8] nonresponsive. [15] putting it in a landfill? [9] BY MR. BRAY: [10] 2 Do you know whether the policy at Monsanto with j [16] MR. MC CONNELL: Objection. No foundation. ! [17] Calls for speculation. [11] respect to approving disposal in that fashion was j [18] THE WITNESS: Nothing if you didn't get a large Page 81 to Page 87 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062542 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 XMAXU5I [19] amount on you. But that's why you wore the protective [20] garments. [21] " BY MR. BRAY: [22] Q Are you familiar with vinyl chloride monomer Page 88 [1] tars? [2] A Just about the same fashion as I was of the [3] sty.rene tars. [4] Q Were they a residue or a part of the process at [5] the Texas City plant? [6] A Yes, they were. [7] Q And do you knowhow theywere disposed of? [8] MR. MC CONNELL:Objection. No foundation. [9] THE WITNESS: Well, a certain percent went to a [10] recycler or reclaimer and again, a large amount went to a [11] landfill. ~ [12] BY MR. BRAY: [13] Q What was the opinion of the medical department [14] at Monsanto with respect to the appropriateness of that [15] method of disposing of vinyl chloride monomer tars? [16] MR. MC CONNELL: Objection. No foundation. [17] Object to form. [18] THE WITNESS: Our opinion was that it was the [19] acknowledged method for disposing of it in a landfill was [20] approved - the landfill operation was approved by the [21] state of Texas, so we were satisfied that that was an [22] adequate method of disposing. It was used by. I'd say Page 89 [1] literally hundreds - dozens of chemical plants along that [2] area. [3] BY MR. BRAY: [4] Q And what was the acute toxicity of vinyl [5] chloride monomer tars? [6] A Pretty close to styrene. I think they were six [7] of one and half-dozen of the other. [8] Q Were there other materials at the Texas City [9] plant that were disposed of in the landfill area, to your [10] knowledge? [11] A Yes. There were cyanide compounds that were [12] disposed of. There were - there was acetylene soot which [13] was disposed of there. Gosh, there was - I'm sure in any [14] chemical operation you have a certain amount. You don't [15] recycle everything. You don't use up everything you put [16] in the kettle. [17] So almost every operation had some material that [18] eventually was not used in the plant and was disposed of [19] but I think I've given you the major ones right there. [20] Q And with respect to those other compounds, what [21] was the opinion of the medical department with respect to1 11 [22] the appropriateness of disposing of them in landfills? Page 90 [1] MR. MC CONNELL: Objection. No foundation. [2] Object to form. [3] THE WITNESS: I didn't hear the objection. [4] MR. MC CONNELL: I objected on the grounds of [5] both foundation and form. [6] BY MR. BRAY: [7] Q You may answer. [8] A In the opinion of the medical department, that [9] was a satisfactory and up-to-date proved method of [10] disposing of those other methods. [11] Q What was the toxicity of those other chemicals [12] in the acute stage and chronic stage? [13] MR. MC CONNELL: Object to form. [14] MR. BRAY: Take it one at a time. [15] BY MR. BRAY: [16] Q What was the toxicity of those chemicals? [17] MR. MANTA: Mr. Bray - I'm sorry. [18] MR. BRAY: Start up again and then pause. [19] MR. MANTA: My reason was to avoid that, just to [20] be clear, as we had with Wayne, make sure that an [21] objection tor one is an objection for all so we don't all [22] have to chime in. j Page 91 j [1] MR. BRAY: Oh. sure. [2] MR. MC CONNELL: That's in the case management [3] order. [4] MR. BRAY: That we can always do and if it [5] isn't, I certainly subscribe to it. [6] BY MR. BRAY: [7] Q What was the toxicity in terms of chronic [8] exposure of these other chemicals, taking first the - [9] A Oh, I don't think the - [10] Q - the hydrogen cyanide compound? [11] A That really wasn't investigated. I don't think [12] anybody was concerned about - not concerned - but anybody [13] was interested in developing the chronic toxicity of [14] cyanide because whatever action the cyanides had was an [15] acute one and you were not getting a little bit of it [16] every day, you got enough either from the acute point of [17] view to cause symptoms or even fatalities. [18] Whether or not the cyanide was in a form of [19] complex in this landfill that showed all the - it didn't [20] show the acute testing - it didn't show the acute toxicity [21] that one would - one would expect from plain hydrogen [22] cyanide. * 1 2 3 Page 92 [1] As far as the soot was concerned, there was [2] always this considerable talk about the material based on [3] analogy to carbon blacket. I think Liberty Mutual helped j [4] us on that, too. It was the consensus of both our people | [S] and the Liberty people, and I think the government | people [6] also, that the acetylene soot was not a carcinogen, [7] per se. and we felt that the disposal in which we handled [8] it was adequate and safe. [9] MR. MC CONNELL: I'm going to object to the last [10] part of his answer as nonresponsive and move to strike [11] it. [12] (Kelly Exhibits V-2 and V-3 identified.) [13] VIDEO OPERATOR: We're off the record at [14] 2:15 p.m. [15] (Discussion off the record.) [16] VIDEO OPERATOR: We're back on the record at [17] approximately 2:17 p.m. [18] BY MR. BRAY: [19] Q Dr. Kelly, you referred to some dealings with I [20] Liberty Mutual with respect to the subject of acetylene [21] soot and I've handed you what's been marked as Kelly [22] Exhibit V-2 and ask you if you can identify that document.' Page 93 [1] A Yes, I can. [2] Q What is it? ' [3] A It's a document from Mr. Garrett of our [4] department to Mr. Joseph Houghton of Liberty Mutual [5] Insurance Company, dated December the 8th, 1958. [6] MR. MANTA: Object on the grounds of [7] foundation. The document is not addressed to. authored bv [8] or copied to the witness. [9] BY MR. BRAY: [10] Q And what is the subject of this document? [11] A The subject is the characterization of acetylene [12] soot to see if any laboratory work needs to be done on it [13] to determine if there's any particular soot - any [14] particular hazard with the soot. [15] Q Do you recall having discussions with Liberty [16] Mutual in or around 1958 on the subject of acetylene soot ? [17] A Vaguely, Mr. Bray, but I don't remember the [18] details at the present time. [19] Q I see the carbonees on this document are a [20] number of people at the Texas City. They're identified as [21] Texas City. Do you see that? [22] A Eckert was the plant manager. John Fox was the Page 94 j [1] sort of research/industrial hygienist/ safety man. | [2] Gilmore was the head of the safety department. Seton I [3] Hunter was head of the research department. I don't : [4] remember who the last three are. Rotzler, Schatz or ACE-FEDERAL REPORTERS. INC. 202-347-3700 Page 87 to Page 94 WATER PCB-SD0000062543 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 XMAX116) [5] Putnam. [6] Q Do you recognize those names as people employed [7] at the Texas City plant? [8] A Except the last three. I don't know anything [9] about them. [10] Q Do you have a recollection that there were [11] consultations between Liberty Mutual and Monsanto's [12] medical department with respect to the acetylene soot? [13] A Yes, there were. [14] Q Do you remember what the purpose of those [15] consultations was? [16] A Well, to find out what Monsanto knew about it so [17] that we could come to a definite opinion, is this [18] hazardous material or not? [19] Q Do you recall whether it was a suspected [20] carcinogen in or around 1958? [21] A By some people it was. I saw a recommendation [22] a memorandum that I remember that somebody from Dow or Page 95 [1] Carbide or somebody believed that some of their people [2] thought it may be a carcinogen. I never saw any evidence [3] for it, though. [4] Q And I think we have shown you another document [5] marked Kelly Exhibit V-J and ask you ifyou can identify [6] that document. [7] A That's a memorandum from M.L. Owens, Jr., whom I [8] do not know, at Texas City to R.J. Schatz at Texas City, [9] whom I do not know, and a copy was sent to Garrett. Also [10] talking about Department 18 soot, which I presume is the [11] acetylene soot. [12] Q There's a reference in this memo to a B.L. [13] Williams. Do you know who he was? [14] A Yes. He was head of the central research [15] department in St. Louis. [16] Q And it says he talked with Joe Houghton. Do you [17] know who he was? [18] A Liberty Mutual. He was one of their scientists. [19] Q Do you recall what, if any, conclusions were [20] reached as a result of these consultations with Liberty [21] Mutual with respect to acetylene soot? [22] _____MR. MANTA: Objection. 1 think that Page 96 [1] mischaracterizes the document. [2] THE WITNESS: Well. I think some of it is pretty [3] straightforward. We could ask other acetylene producers [4] to determine whether they have satisfied themselves [5] concerning the possibility of the material being [6] particularly toxic. He also says we could just assume [7] that the soot is similar to ail the commercial soots. [8] They anticipate no problem. [9] As 1 understand it - as 1 remember it, rather, [10] the decision was made that the suspicious of this being [11] carcinogenic were never substantiated but due to a -- there [12] was no reporting of any animal or human carcinogenesis [13] after exposure to acetylene soot. And the thinking was [14] that this is like lab black soot, which was used in [15] millions of pounds throughout the country and not like the [16] carbon black, which was people believed may be [17] carcinogenic. [18] BY MR. BRAY: [19] Q Do you recall what, if any, type of exposure was [20] suspected as possibly carcinogenic environment for [21] acetylene soot? [22] A Exposure, I think, was in cleaning out the big Page 97 [1] tall reactors. The soot was left in there, and they had [2] to get it out some way, and I don't know if they removed [3] it by vacuum or had to manually take out the plates and [4] shake the stuff off. [5] Q What form of human contact was of concent ? [6] A Skin and lungs. [7] Q As a result of these discussions with Liberty j [8] Mutual, do you know what steps were taken with respect to [9] the handling or the exposure of the acetylene soot? ! [10] MR. MANTA: Objection. Mischaracterizes the | [11] document. [12] THE WITNESS: 1 don't remember. [13] BY MR. BRAY: [14] Q Do you recall whether acetylene soot continued [15] to be present in the materials at the Texas City plant [16] after 1958 and 1959? ' [17] A I think it was, but I'm not certain. I think it [18] was an integral part of the process. [19] Q You mentioned that Jack Garrett was involved in [20] this. Do you know whether Jack Garrett performed any [21] research with respect to the literature or other type of [22] research concerning acetylene soot? Page 98 [1] A I know when he was writing an article on [2] chemical carcinogenesis, he did an awful lot of research - [3] literature research, not animal research. He did a lot of [4] that - 1 think he mentioned that an article of his is [5] acetylene soot, but 1 know he did, when he was writing [6] that article, he spent a lot of time doing research on [7] various chemical carcinogens. [8] Q Do you recall after these studies in 1958 and [9] 1959 whether the medical department at Monsanto adopted [10] any different policies with respect to the pit disposal of [11] wastes that contained acetylene soot at the Texas City [12] plant? [13] MR. MC CONNELL: Objection. No foundation. [14] MR. BRAY: Let me state it over. I think you [15] got in a little early and subject to that objection. I'll [16] try to state the same question so you don't have to repeat [17] it. [18] BY MR. BRAY: [19] Q Do you recall whether after these studies in [20] 1958 or 1959 whether the medical department at Monsanto [21] adopted any different policies with respect to the [22] disposal of acetylene soot in landfills at the Texas City Page 99 [1] plant? [2] A No, I do not believe we changed any [3] recommendations for the disposal of the material. [4] Q Dr. Kelly,do you know what PCBs are? [5] A Yes. [6] Q Did there come a time when Monsanto experienced [7] the receipt of information concerning toxicity or hazards [8] related to the presence of PCBs in the environment? [9] A Yes. [10] Q Would you describewhat happened. [11] A Well, I have to start farther back than that. [12] PCBs were a material that was made by the Swann Chemical [13] Company since the mid-1930s - mid- or early 1930s. [14] Monsanto bought the Swann Chemical Company and obtained [15] the production facilities and the market of PCBs. It was [16] originally used as a dielectric in transformers and [17] capacitors. [18] The Swann Chemical Company had at one time an [19] episode of chloracne in their employees before Monsanto [20] took over the company. This was traced to an [21] off-specification amount of benzene was used in the - to [22] make the diphenyl. * 1 2 3 4 5 6 7 8 9 Page 100 [1] After that was cleared up, Monsanto took it over [2] and there was at that time until we stopped manufacturing [3] the material in '77 - certainly up to '74 that I know of. [4] We never had any trouble with our workers. We never had [5] any trouble with the customers. The material was thought [6] to be nonbiodegradable. That meant if you got rid of the [7] stuff and it leaked into the river, it would lie down at [8] the bottom of the river like a lump of coal or a piece of [9] gravel. Page 94 to Page 100 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062544 BSA___________________ Depo of: R. EMMET KELLY Monsanto Aetna February 2, 1993 CR: 54277.0 __________________XMAX117) [10] But then around in 1968 or '69 it was found that [11] the material was showing up in the ecosystem, especially [12] in Sweden and a person by the name of Swenson, [13] S-w-e-n-s-o-n, found it in the environment. [14] Well, then later on, a man by the name of [15] Riceborough,R-i-c-e-b-o-r-o-u-g-h, inCalifornia found it [16] in marine animals, birds and fish. Later on it was found [17] to be pretty ubiquitous throughout the ecosystem which was [18] to be expected because we didn't think it was [19] biodegradable. But we found out afterwards that it was [20] bioaccumulated. In other words, if it went into a body of [21] water, the algae would eat it, the protozoa, whichis a [22] little biggerorganism,would eat the algae and they would j Page 101 [1] increase the concentration of PCBs in the - might be one [2] part per million in the algae and it would be in the [3] protozoa one part per 100,000. Along comes the shrimp and . [4] eats the protozoa. He concentrates it a little bit more [5] and then a mackerel or something eats the shrimp and [6] that's more concentrated and finally it's picked up by an [7] eagle and the concentration level is very high. [8] And we found that it was reported that the [9] effect on these birds was such that it disturbed their [10] calcium metabolism and they would lay eggs without shells [11] on them. And when the eagle had sat on the nest. [12] obviously, that took care of the eggs without shells. [13] So it became quite a problem because here was a [14] product that we thought it was sitting down like a lump of [15] coal at the bottom of a body of water and we found nut [16] that it's present in the fish and fowl, wild fowl, and it [17] was of quite a bit of concern to us. So an awful lot of [18] things started happening. [19] Q Is this a product that Monsanto invented? [20] MR. MC CONNELL: Object to leading. [21] THE WITNESS: No. It was a product of GE, [22] GeneralElectricinvented thathad the product as a j Page 102 [1] particle or matter. We may have had - I don't think so. [2] That happened before I came. I don't know if GE - Swann [3] was manufacturing it for GE before Monsanto took over. 1 [4] don't know if Swann had the patents on manufacturing the [5] stuff or not but it was GE's patent of the product at [6] patent. They had the patent as tar as electrical uses [7] were concerned. [8] BY MR. BRAY: [9] Q PCB, is that a product found in nature? [10] A No, not unless it's put in there. I mean, there [11] are two answers to that. It's found in nature now because [12] au awful lot has been put in in the last 40 years, but [13] it's not a natural product. [14] Q And you mentioned that during a period of time [15] you never had trouble with workers or customers. What did [16] you mean by that? [17] A Well, the Swann had this chloracne - Swann [18] people had chloracne from this one batch of [19] off-specification and when they changed back to their [20] original specs, they had no more trouble, so neither [21] Monsanto, or neither did General Electric have any problem [22] withtheirworkers. Page 103 [1] Q Did they monitor their workers medically? [2] A I don't know. They looked at them and they [3] could tell whether they had chloracne nr not. [4] Q Thai's the detectable by sight? [5] A Yes. [6] Q You mentioned that PCBs were used by Generai [7] Electric as a dielectric. What is that? [8] A That is a compound that is a coolant for [9] electrical apparatus. It does not transmit electricity. j [10] In other words, if you've got a big transformer, you've I [11] got to dissipate the heat, and you do that by circulating ! [12] PCBs through it. And you can't circulate - you could , [13] circulate an oil through it that is quite inflammable - I [14] Q Oil is? I [15] A Oil is, yes. ` [16] Q How about PCBs? [17] A Relatively fire-resistant. So I'll go on with ; [18] my story. When we found out that it was present in the | [19] environment from getting put iu, we decided that we i didn't i [20] like this stuff out there harming the falcons and the j [21] eagles and fish, and we were quite concerned when it got : [22] into the food chain, especially in game fish. Page 104 1 [1] So we decided to do our best to cut down the [2] amount. We couldn't do anything about what was out there [3] already, but we first of all, wrote to all our customers [4] and asked them to be careful about disposing of the [5] stuff. And we decided to stop what would be called open [6] uses. An open use is different from a closed use, closed [7] inside a transformer, inside a pipe. Open is where you [8] put in a plasticizer, where you put it in paint, where you [9] put it in carbonless carbon paper, [10] So we stopped all those uses. And then we [11] eventually stopped use of it in closed uses of heat [12] transfer. And eventually, then it just retained - it was ; [13] retained in the electrical uses. In fact, the government i [14] asked us to continue using it because PCBs were used in ! [15] the subways and cars in New York City where a fire I would ! [16] be pretty disastrous. There was no other fire-resistant ! [17] fluid at that time. It was used in outdoor transformers [18] over baseball parks and you couldn't have a transformer [19] explode and leaked out burning oil on the people in right ! [20] Held, and the government asked us to continue it until a ! [21] substitute product could be found and eventually one | was [22] found. 1 2 3 4 5 6 7 8 9 10 11 I Page 105 j [1] It wasn't a Monsanto product, but it was found i [2] and then when that was found, we said, well, we'll stop j [3] and get out of it. So we got out in '76 or '77, about a [4] year before the government banned it from all uses. ' [5] Q Your description of the termination of the uses, ; [6] you said you stopped manufacturing it for open uses ? [7] A Selling it. j [8] Q Selling it for open uses? ! [9] A Open uses, yes. j [10] Q And that's carbon paper, paint and things of ' [11] that sort? : [12] [13] A That's correct. Q What more specifically do you mean by "closed I [14] systems," where at that time Monsanto continued to sell i [15] it? ; [16] A Well, a closed system is where the material does j [17] not come normally to the outside unless there's a leak iu ] [18] a pipe or a weld breaks or something like that. The two j [19] main areas were heat transfer where you have a closed j [20] vessel here. You're heating this up. Your pipes go in i [21] here into flanges or something like that that heats up the | [22] material you want heated. You didn't want to have this Page 106 [1] big fire out here inside your building so you had the fire ; [2] outside of the building. The heating elements and the ; [3] inside was just hot, PCBs inside pipes. [4] A transformer is also a closed system, it's [5] sitting out on a pole and unless something happens, gets [6] hit by lightning or something, the PCB is inside the tank [7] and if there's no exposure, there's no environmental [8] contamination. But if it gets hit by lightning and it [9] leaks out, you've got contamination, of course. [10] Q What were the reasons for continuing to sell it [11] in these closed systems while not selling it for the open ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 100 to Page 106 WATER PCB-SD0000062545 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2. 1993 CR: 54277.0 XMAX(18) [12] uses? [13] A Well, there were - there's no adequate [14] substitute for the closed systems. We thought it was [15] safer. In fact, as I said, the government asked us - the [16] EPA asked us to continue manufacturing the stuff. [17] Q During the time Monsanto was initially learning [18] about the potential problem to the environment from PCBs. [19] did Monsanto have occasion to consult with its insurance [20] carrier? [21] MR. MC CONNELL: Objection. Foundation. [22] THE WITNESS: Well, yes. They consulted with Page 107 [1] them. Sure, we told them what we were using it for. They [2] knew what we were using it for and I never saw any [3] memorandum or I never talked to anybody from Liberty [4] Mutual who said - Liberty Mutual or Travelers which came [5] in around that time - don't do this. [6] BY MR. BRAY: [7] Q When Monsanto made the decision to stop selling [8] PCBs for open uses but to continue selling it for these [9] closed systems, were the insurance companies consulted [10] about that? [11] MR. MC CONNELL: Objection. No foundation. [12] THE WITNESS: I don't know if they were. I [13] didn't. My impression is, just from sitting around tables [14] at lunches, that they were told about it. I don't know if [15] they - you say consulted, did they say should we get out [16] of it or not. I don't know about that but they certainly [17] talked to the insurance companies and say we're getting [18] out. [19] BY MR. BRAY: [20] Q Do you recall any claims being asserted against [21] Monsanto by claimants who allege they were damaged in some [22] fashion by PCBs manufactured by Monsanto? Page 108 [1] MR. MC CONNELL: Object to form. No [2] foundation. [3] THE WITNESS: Not until the last couple of [4] years. They were none as far as I knew up to 1974. [5] BY MR. BRAY: [6] Q Do you recall any discussions with [7] representatives of Monsanto's insurers about the handling [8] of those claims? [9] MR. MC CONNELL: Objection. No foundation. [10] THE WITNESS: Well, I think I said I didn't have [11] any until '74 when 1 resigned. I don't recall any [12] claims. After 1974 when I was not connected with [13] Monsanto, I didn't talk to our insurance people, what they [14] did with the insurance people, the outside carriers. [15] BY MR. BRAY: [16] Q With respect to the resolution of so-called PCB [17] claims, if any, you didn't participate in that? [18] A That's correct. [19] Q Do you recall what the reaction of safety or [20] regulatory officials of government agencies was to [21] Monsanto's conduct in terminating the sale of PCBs?* 1 11 [22]______ MR. MC CONNELL: Object to form. Page 109 [1] THE WITNESS: Yes. They were pretty - they [2] spoke favorably of it. [3] (Kelly Exhibit V-4identified.) [4] THE WITNESS: Yes, sir, I've read it. [5] BY MR. BRAY: [6] Q Dr. Kelly, you mentioned that there came a time [7] when Travelers became involved with Monsanto. What do you [8] recall about that? [9] MR. MC CONNELL: Object to the form. [10] THE WITNESS: Not too much. Sometime, I think. [11] in late '70 or early '71 Monsanto changed carriers - I had [12] nothing to do with that -- from Liberty Mutual to [13] Travelers. We had a third party interjected between [14] Travelers and Monsanto, that was Marsh & McLennan. [15] They're presumably the broker - I don't exactly know what [16] their spot was in this. [17] But I had meetings with Travelers and Marsh & [18] McLennan at the time of transfer of carriers was made. I i [19] know that Travelers made loss prevention surveys that were [20] supposed to get around to all the major plants within the [21] first six months. I never went on with anybody from [22] Travelers but 1 know that Jack Garrett did on some of [1] them. [2] BY MR. BRAY: Page 110 I [3] Q I've had marked and shown you Kelly Deposition [4] Exhibit V-4 and ask you if you can identify that letter. [5] A That's a letter from the vice president of Marsh [6] & McLennan to Mr. Chapman, our insurance manager at [7] Monsanto Company, dated March the 1st, '71. [8] MR. MC CONNELL: I'll object to any use of this [9] document on lack of foundation, Jack. May I have a [10] continuing objection on that? [11] MR. BRAY: Lack of foundation on this document? [12] MR. MC CONNELL: Yes, sir. [13] MR. BRAY: Yes. [14] BY MR. BRAY: [15] Q And, Dr. Kelly, do you recall having discussions [16] at the time of the transition from Liberty Mutual to [17] Travelers about the subject of loss prevention inspections [18] to be done at Monsanto plants? [19] A Yes. [20] Q Do you recall who was to do them? [21] MR. MC CONNELL: Object to the form. Lack of [22] foundation. Page 111 [1] THE WITNESS: I think it was a combined team, a [2] task force from Monsanto and a task force from Travelers. [3] I don't know if Marsh & McLennan people went along or [4] not. Garrett - either Garrett or Wheeler would be the [5] person from Monsanto who went on these visits. I did not [6] go. [7] BY MR. BRAY: [8] Q To whom were reports of such visits to be sent? [9] A Chapman - the location manager, that would be [10] the plant manager. Russ Miller, who was corporate safety, [11] myself and the loss prevention department of Marsh & [12] McLennan. [13] MR. MC CONNELL: Let.the record reflect that the [14] witness has been reading the names from this document, [15] Kelly V-4. [16] BY MR. BRAY: [17] Q Did you receive suchreports? [18] A Yes, I did. [19] Q Based on the reports you received, did any loss [20] prevention inspections occur after March 1st, 1971 of [21] Monsanto plants? [22] A Yes, they did. Page 112 [1] Q Do you know who participated in them, what [2] companies, what individuals? | [3] MR. MC CONNELL: Objection. No foundation. | [4] THE WITNESS: What companies? | [5] BY MR. BRAY: [6] Q What companies or individuals participated in [7] them? [8] A 1 don't know what you mean by "companies." [9] Travelers and Monsanto and to the best of my recollection, [10] Marsh & McLennan, if that's going to be a company, he was [11] in there - they were in there. The individuals I don't [12] remember except that Garrett was in on some of these. [13] Q Now, you've mentioned in your testimony, a plant [14] named the Queeny Plant. Is that what used to be Plant A ? [15] A Yes. [16] MS. SCHIFFER: I'm going to object to testimony [17] about the Queeny Plant on the basis that this is a [18] deposition taken with regard to the Trial Group I sites, [19] that is five sites in Texas and Defendants have a right to [20] examine as to sites other than the Trial Group 1 sites at [21] a subsequent time. And therefore, examination as to sites j [22] other than the Trial Group 1 sites is beyond the Page 106 to Page 112 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062546 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 XMAX(19) Page 113 m appropriate scope of this deposition. [2] MR. BRAY: I should say without commenting on [3] the predicate for the objection, which I'm not sure we Ml agree with the predicate for the objection, but as you [5] know, from raising a somewhat similar objection in the [6] discovery deposition, that Plaintiff does not agree with [7] the position that there is to be subsequent interrogation [8] about all other sites by Defendants, that Defendants have [9] a right to take subsequent depositions as to all other [10] sites, particularly of witnesses being deposed now. I [11] think we understand that we're in disagreement on that, [12] and I think you disagree and have expressed your [13] disagreement with our view. [14] MS. SCHIFFER: I do - [15] MR. MC CONNELL: Let me simply say we have not [16] had adequate discovery on the other sites as a predicate [17] for taking depositions regarding the other sites, so we [18] stand on our objection. [19] MS. SCHIFFER: And let me continue, Mr. Bray. I [20] do understand we have a difference of view. I would also [21] note that the Queeny Plant is not even in the phase 1 [22] group of sites and while we believe that pursuant to case Page l14 [1] management orders, discovery at this time is limited to [2] the Trial Group 1 group of sites for this set of [3] witnesses. We note that if any distinction is to be made, [4] certainly sites that are beyond the phase 1 group of sites [5] are sites as to which we've had no document - virtually no [6] document discovery and would be well beyond the scope of [7] any depositions on this document. [8] I do understand at least to the phase 1 sites we [9] do have a difference of opinion, and again, so the record [10] is clear, it's Defendants' point of view that examination [11] is appropriate only as to the Trial Group l group, that is [12] the five Texas City - the five sites in Texas that are [13] part of Trial Group I at this time. [14] MR. BRAY: And I should probably, just to [15] clarify you. your predicate to this objection that this [16] exhibit, though it is an inspection of the Queeny Plant, [17] that this is used for purposes of discovery with respect [18] to the Queeny Plant is not going to prove to be entirely [19] accurate. It really relates to other things, perhaps [20] certainly to the Queeny Plant because it's mentioned, but [21] the particular purpose of this exhibit, I don't want to [22] get too elaborate here, but the particular purpose of this Page 115 [1] exhibit is not simply something relating to the Queeny [2] Plant. [3] MS. SCHIFFER: But my objection stands as to the [4] examination. [5] MR. BRAY: I understand. [6] MS. SCHIFFER: And I would request the same [7] right to have a standing objection as to the line of [8] questions about this document. [9] MR. BRAY: To what, you mean to foundation? [10] MS. SCHIFFER: To the use of the - [11] MR. MANTA: To the scope - [12] MS. SCHIFFER: Let me make my own statement - as [13] to the use of - strike that -- as to examination based on a [14] document which relates to a plant which is not at issue in [15] the Trial Group 1. [16] MR. BRAY: Because of the Trial Group I, Trial [17] Group 2 and other trial group differentials in discovery. [18] MS. SCHIFFER: That is correct. [19] MR. BRAY: I think I understand. You may have [20] such an objection as may all Defendants. [21] MS. SCHIFFER: Thank you. [22] _____ MR. MC CONNELL: Jack, may we agree that_______ Page 116 [1] objection is continuing throughout this deposition so we [2] don't have to interrupt [3] MR. BRAY: As to this document? [4] MR. MC CONNELL: As to the issue about [5] questioning on other sites. [6] MR. BRAY: No. no. What we're talking about i [7] right now is an objection that's continuing relating to [8] the use of this document. 1 [9] MR. MC CONNELL: Well, let's break it down. ! [10] then. Are we in agreement that we have a continuing I [11] objection with respect to this document? | [12] MR. BRAY: With respect to the - | [13] MS. SCHIFFER: The examination of it based on [14] the fact that it is related to a site beyond the Trial [15] Group 1 set of sites. [16] MR. BRAY: Meaning the Queeny Plant? [17] MS. SCHIFFER: Meaning the Queeny Plant. [18] MR. BRAY: Yes. [19] MR. MC CONNELL: And that our other objection [20] based on the issue of our right to examine this witness [21] later on other sites in Trial Group 1 is also in force as [22] a continuing objection. Page 117 [1] MR. BRAY: I don't deem that an objection. [2] That's simply a disagreement between us that's been I [3] expressed many times at many depositions and in this one. | [4] MS. SCHIFFER: And I believe the record is clear j [5] as to this deposition, that it's Defendants' view that I [6] this deposition goes to the Trial Group 1 sites and that [7] the Defendants have a right to recall the witness as to [8] subsequent sites and that we have a disagreement with the [9] Plaintiff as to that matter. [10] MR. BRAY: Yes, I agree. [11] MR. MC CONNELL: While we're talking about this [12] document. Jack, I cannot determine that this has been [13] designated as one of the potential exhibits to this [14] deposition and I therefore object - [15] MR. BRAY: You may reserve an objection on that [16] ground if you're concerned about that. [17] MR. MC CONNELL: Can you point me to any [18] designation of this? [19] MR. BRAY: Are we resolved on that? It's [20] designated? [21] MR. MC CONNELL: I'm not sure, but I've stated [22] my objection. Page 118 [1] (Kelly Exhibit V-5 identified.) [2] BY MR. BRAY: [3] Q Dr. Kelly, do you recall receiving reports [4] concerning Travelers' inspection of Monsanto plants after [5] March 1st, 1971? [6] A Yes, I did. [7] Q And when those reports arrived, did you review [8] them? [9] A Yes, sir. Some did not - in very good depth to [10] which I reviewed them, it depended on what the purpose of [11] the - of the investigation was. Here this was mostly - [12] just what I'm looking at right now was mostly from an [13] explosion and fire hazards rather than health hazards. [14] Q And I'd like to direct your attention to page 19 [15] of this document. Exhibit Kelly V-5, where the subject is [16] the word under lined near the bottom "landfill. " Do you [17] see that? [18] A I'm getting there. Yes, sir, [19] Q The document says "Landfill areas located across [20] the Mississippi River are used jointly with the Krummrich [21] plant for the disposal of corrosive and toxic liquids and [22] solid wastes. This cannot continue much longer because* 1 2 3 4 5 Page 119 [1] the state of Illinois is somewhat concerned about this [2] disposal method. Test wells at the landfill sites do not [3] reveal contamination. However, when liquids are discarded [4] in this manner, it is difficult to predict what might [5] happen. " ] [6] MR. MC CONNELL: Objection. No foundation with I [7] respect to this document. ` [8] | [9] | [10] BY MR. BRAY: QDo you see that? A Yes, I do. ! [11] Q Do you recall Travelers' loss prevention people | [12] inspecting a landfill at the Krummrich plant? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 113 to Page 119 WATER PCB-SD0000062547 BSA Depo of: R. EMMET KELLY Monsanto y Aetna February 2, 1993 CR: 54277,0 XMAX120) [13] MR. MC CONNELL: Objection. No foundation. [14] THE WITNESS: Yes, 1 do. [15] BY MR. BRAY: [16] Q In the reports you received from the Travelers' [17] inspections of Monsanto plants, did you see from time to [18] lime that the Travelers' people inspected waste disposal [19] locations used by Monsanto plants? [20] MR. MC CONNELL: Object to form. [21] THE WITNESS: Yes, I did. [22] BY MR. BRAY: Page 120 [1] Q Do you recall any occasion when representatives [2] of the Travelers contacted you as the medical director of [3] Monsanto and raised objection to the use of landfills as a [4] form of disposal of solid wastes ? [5] MR. MC CONNELL: Object to form. No foundation. [6] THE WITNESS: No, sir, 1 do not recollect this [7] statement. [8] BY MR. BRAY: [9] Q Die beginning of this document, this refers to [10] in the unnumbered first page, the first page just before [11] page numbered 2 - [12] MR. MANTA: We're talking about Kelly V-5 now? [13] MR. BRAY: V-5, yes, "specialistteam survey for [14] Monsanto Company." [15] THE WITNESS: What am Ilooking tor? [16] BY MR. BRAY: [17] Q It's the page that's labeled "introduction" and [18] it's just prior to page number 2 but it doesn't have a [19] number on it. [20] MS. SCHIFFER: For the clarification of the [21] record, is this page MCO 0033774? [22] MR. BRAY: It is. Page 121 [1] MR. MC CONNELL: Jack, let me note that I do [2] have an objection to foundation on this document and I'd [3] like to have a continuing objection on that ground with [4] respect to any questioning on this document. [5] MR. BRAY: Yes, you may. [6] BY MR. BRAY: [7] Q Do you know what a Travelers ' chemical [8] specialist is? [9] A I guess he's a chemical engineer or chemist [10] that's knowledgeable about manufacturing processes but I [11] don't know any more than that. I've never seen their [12] definition of what that is. [13] Q Do you know what training a Travelers' chemical [14] specialist goes through before conducting loss prevention [15] inspections at a chemical manufacturing plant? [16] A No, I don't. [17] Q During the course of your dealings with plant [18] environmental activities from and after March 1st, 1971, [19] what, if any, recommendations came to your attention from [20] Travelers' chemical specialists or other loss prevention [21] people concerning changing the practices employed by [22] Monsanto concerning waste disposal at Monsanto plants?* 1 11 Page 122 [1] A I don't recall any. There may be some of these [2] in these reports, but that report went to several other [3] people, and I don't think any of the reports necessitated [4] comment or action by me. [5] Q Dr. Kelly, can l ask you to turn again at this [6] time to page 30 of this report. I'm going to direct your [7] attention up to a portion of the page where there's a [8] heading - the second heading down "ethovan," do you see [9] that, "building C"? '[10] A I'm just one page away. [11] Q Page 30. [12] A Yeah, ethovan. [13] Q "Ethovan, building C," and in the second line of [14] that paragraph there's a word "nitrobenzene. " Do you see [15] that? ' [16] A Yes, sir. [17] Q And two lines below that, the last word is [18] 'benzene extraction. " Do you see that? [19] A Yes, sir. [20] Q Do you recall receiving reports from Travelers ' [21] loss prevention in which specific compounds used by [22] Monsanto at its plants were discussed or evaluated? Page 123 [1] MR. MC CONNELL: Object to form. [2] THE WITNESS: Repeat it. Jack. [3] BY MR. BRAY: [4] Q Do you recall receiving reports after March 1, [5] 1971 from Travelers concerning loss prevention inspections [6] at which specific compounds used by Monsanto at its plants [7] were discussed or evaluated? [8] A No, sir, I don't, [9] Q Do you see here there's a reference to [10] "nitrobenzene"? [11] A Yes. [12] Q As a listed material. Is that compound [13] containing benzene or based on benzene? [14] A Yes, sir, it is. [15] Q Do you recall receiving any reports from [16] Travelers ' loss prevention in which Travelers ' chemical [17] specialists made any recommendations to Monsanto with [18] respect to termination of the use of benzene at any of the [19] Monsanto plants? [20] A No, I don't remember. We used it in almost [21] every plant we had. [22] Q And down a little further on the same page in a Page 124 [1] paragraph headed "toluene sttifonyl chloride." there's a [2] reference to the word "toluene. " Is that a material used [3] at Monsanto plants? [4] A Yes, it is. [5] Q Are benzene and toluene used from time to time [6] at the Texas City plant? [7] A Yes, they were. [8] Q And were they when you were medical director of [9] Monsanto? [10] A Yes. [H] Q Were they used there at all times when you were [12] medical director? [13] MR. MC CONNELL:Object toleading. [14] THE WITNESS: Well, I can't be sure. There may [15] have been times when they were not used but I don't know. [16] I thought they were used there all the time but there [17] could have been occasions when they weren't. [18] BY MR. BRAY: [19] Q I'll ask the same question with respect to [20] toluene. Do you recall receiving any reports after March [21] 1st. 1971 from Travelers recommending against Monsanto [22] continuing to use toluene at any of its plants ? Page 125 [1] MR. MC CONNELL: Object to form. [2] THE WITNESS: No, sir, I don't. [3] BY MR. BRAY: [41 Q During the period that you were medical director [5] prior to March 1st, 1971, did you have occasion to consult [6] with representatives of the Monsanto insurance department [7] with respect to what sort of coverage Monsanto had with [8] respect to general liability losses? [9] MR. MC CONNELL: Object to form. [10] THE WITNESS: No. sir, I did not. [11] BY MR. BRAY: [12] Q Did you have occasion to participate in general [13] discussions with respect to that subject? [14] MR. MC CONNELL: Object to form. [15] MR. MANTA: Objection. Unclear. [16] THE WITNESS: I don't remember such discussions. [17] BY MR. BRAY: [18] Q Who was the head of the insurance department? [19] A Chapman was the director. I don't know if the [20] treasurer, if he reported to the treasurer of the company [21] or not, I don't know. But Chapman was the individual that [22] I had thought was the direct head of our insurance_______ Page 126 [1] department, and he was the one that talked to the Page 119 to Page 126 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062548 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277,0 XMAX121I [2] carriers. [3] Q And with respect to insurance policies [4] themselves, did you ever have occasion to sit down and [5] read a Monsanto insurance policy? [6] A No, not - except on my own life. No casualty [7] insurance policy. [8] Q With respect to the period from the time you [9] started with Monsanto up until March 1st, 1971, did you [10] have a belief with respect to whether pollution losses, [H] liability, damages incurred by Monsanto were or were not [12] covered by insurance? [13] MR. MC CONNELL: Object to form. No [14] foundation. Calls for speculation. [15] THE WITNESS: No. In fact, I was quite sure [16] they were covered by our insurance carrier, whichever one [17] it was because when we had any problems, I would hear [18] about it through our dispensary. He would be saying had a [19] bunch of neighbors and they were sprayed on. [20] In fact, one Sunday I happened to be down there [21] and someone let go and about 110 people came in and T know [22] I got the names together and reported it to Chapman and I Page 127 [1] understand they were taken care of by the insurance [2] people, the insurance carrier. I know that the auto spray [3] paints were taken care of by the insurance carrier. I [4] know that they were involved with the fluoride exposures [5] at Columbia, Tennessee and Soda Springs, so it was my [6] impression that all our pollution losses were covered by [7] whichever carrier was involved at that particular year. [8] Q But it's correct, is it not, that belief is not [9] based on any discussions directly with any of the [10] insurance carriers? [11] A That's correct. [12] Q I'll ask the same question after March 1st, [13] 1971. Did you have occasion to deal with the insurance [14] carriers with respect to the question of whether or not [15] there was coverage for so-called pollution losses or [16] claims or damage? [17] A No, sir, I did not. [18] Q Did you ever have anv conversations with any of [19] the insurance carrier representatives about that subject? [20] A I don't recall any. I don't recall what [21] happened at that first meeting with the Travelers and [22] Marsh & McLennan. I don't know if there were discussions Page 128 [1] about their coverage at that time or not. I don't know. [2] Q Did you have a belief during the period March 1, [3] 1971 and thereafter with respect to whether or not [4] Monsanto's pollution losses, damage or claims were or were [5] not covered by insurance? [6] MR. MC. CONNELL: Object to form. No [7] foundation. Calls for speculation. [8] THE WITNESS: I had the - the impression 1 had [9] was that such losses were covered by our insurance [10] policies. [11] BY MR. BRAY: [12] Q I didn 7 hear. [13] A That our losses were covered [14] Q Were or were not covered? [15] A Were covered by our insurance policies. [16] Q And what is the basis for your impression? [17] A As I said before, we had claims. I would send [18] them to Chapman, and I'd never hear any more about it. [19] And I'd never hear any complaints from the worker whose [20] auto was sprayed. And I do know talking to the people at [21] Columbia, Tennessee that they said such claims were taken [22] care of by the insurance people, by the insurance Page 129 [I] carriers. [2] Q Were those reports made to von in the regular [3] course of your work as a medical director at Monsanto? . [4] MR. MC CONNELL: Objection. [5] THE WITNESS: No, it was sort of anecdotal. I'J [6] be sitting around having lunch with them or we were I [7] talking about something else and this would come up. | [8] What's happening down in Columbia. Tennessee and thev [9] said, well, that's taken care of by the insurance people. [10] BY MR. BRAY: [111 Q Is it correct also in the period March 1, 1971 [12]` and thereafter that you did not have occasion to sit down [13] and read a Monsanto insurance policy relating to general [14] liability coverage? [15] A That's correct. 1 did not. [16] MR. BRAY: Can we take a break. [17] MR. MC CONNELL: Sure. [18] VIDEO OPERATOR: We're off therecord at [19] approximately 3:15 p.m. [20] (Recess.) [21] VIDEO OPERATOR: We're back on therecord at [22] approximately 3:34 p.m. Page 130 [1] BY MR. BRAY: [2] Q Dr. Kelly, you mentioned that Mr. Wheeler was [3] the industrial hygienist whose duties primarilv pertained [4] to air and water environmental matters, is that correct. [5] as among those in the medical department? [6] A That's correct. [7] Q You also mentioned that in the blueprints or [8] flow sheets that the medical department began reviewing m [9] the early 1950s at the request of the executive committee. [10] that there was occasionally on those blueprints or flow [11] sheets an arrow pointing to a sewer? [12] MR. MC CONNELL: Objection. Leading. [13] BY MR. BRAY: [14] Q Is that what you said? [15] A Yes. [16] Q And what did that mean in terms of the thing you [17] were reviewing? What did that convey? [18] A Well, it all depends what was in that stream. [19] If it was plain water, that's one thing. If there's any [20] contaminant in that water or a waste disposal thing that [21] was unsatisfactory and no treatment was shown for that [22] particular stream, it was just dumped. Page 131 [1] Q Was there a period of time when you - after you [2] came to Monsanto when it was common practice to direct [3] effluents into public rivers, public streams! [4] MR. MC CONNELL: Objection. Leading. [5] THE WITNESS: Yes. sir. it was. In fact, I [6] would sav all industry thoueht of bodies of water as a [7] conduit for waste material. [8] BY MR. BRAY: [9] Q What was the belief in industry while this [10] practice was prevalent concerning the effects of such [11] effluents to the body of water, to a river or stream? [12] MR. MC CONNELL: Object to form. No [13] foundation. Calls for speculation. [14] THE WITNESS: They thought that dilution was one [15] method of waste disposal. That was in the early times. [16] BY MR. BRAY: [17] Q What effect was this believed to have on the [18] aquatic life in the river to which this effluent went? [19] MR! MC CONNELL: Object to form. No [20] foundation. Calls for speculation. [21] THE WITNESS: It all depends on the size of the [22] stream. 1 think the Mississippi River as it goes by our1 Page 132 [1] two plants that the flow of that river is so enormous. [2] that anything put in there really wouldn't bother the [3] fish. There weren't fish kills in the Mississippi River [4] that I can remember back in the '40s or '30s. [5] BY MR. BRAY: [6] 2 Were there any names or principles given to [7] label this belief? [8] MR. MC CONNELL: Objection. No foundation [9] MR. MANTA: Leading. [10] THE WITNESS: Except dilution was an accepted ACE-FEDERAL REPORTERS, INC. 202-347-3700 Pnge 126 to Page 132 WATER PCB-SD0000062549 BSA Depo of: R. EMMET KELLY Monsanto i Aetna February 2, 1993 CR: 54277,0___________________ XMAX122) [11] form of waste disposal. . [17] changed their thinking, but it was prodded by the state [12] BY MR. BRAY: j [18] governments. The federal government was not involved [13] Q Dilution? ! at [14] A Dilution. j [19] that particular time, but the state departments of [15] Q Now, at the time that Monsanto had instances or | [20] conservation and other groups were quite adamant about [16] plants where there were such effluents, what was the j [21] continuing it as a process. [17] practice with respect to that subject matter elsewhere in j [22] _____Q At the time those practices were prevalent in [18] the chemical industry? j Page 136 [19] A The same. [1] the period that you mentioned, the '30s and up into the [20] MR. MANTA: Objection. No foundation. [2] '40s, what was the belief at Monsanto with respect to [21] BY MR. BRAY: [3] whether that effluent was causing any damage? [22] Q And what was the practice with respect to that [4] MR. MC CONNELL: Objection to form. Leading. Page 133 [5] No foundation. [1] same type of disposal in other industries ? [6] THE WITNESS: We didn't think it was. [2] MR. MC CONNELL: Objection. No foundation. [7] BY MR. BRAY: [3] Calls for speculation. [8] Q You mentioned that one of the roles of the [4] THE WITNESS: Well, I can't speak for all [9] medical department entrusted to it by the executive [5] industries, but certainly the industries in Cleveland [10] committee of the Monsanto board had to do with making [6] where the river caught on tire quite frequently, in those [11] health recommendations that affected capital outlays of [7] days they used the stream as a waste disposal system. I [12] Monsanto; is that correct? [8] forget the name of the river, but in those days, we're [13] MR. MC CONNELL: Objection to form. Leading. [9] talking now in the '30s, people used the streams and the [14] MR. BRAY: Let me say it over again subject to [10] lakes as a disposal system. [15] the objection. I think you're chiming in a little bit in [11] BY MR. BRAY: [16] the question so they're hard to hear. [12] Q Was it based on thatsame belief,dilution ? [17] MR. MANTA: You know, it might be helpful, [13] A Yes, that's correct. [18] though, is if the witness could pause a little bit. [14] MR. MC CONNELL: Objection. No foundation. j [19] MR. BRAY: That would be helpful as well. [15] Calls for speculation. [20] MR. MC CONNELL: The other thing I'd be glad to [16] BY MR. BRAY: ' [21] do. Jack, I know you didn't want to do it this morning, [17] Q And what does dilution mean in terms of liquid ; [22] but if we want to talk about continuing objections. I'm [18] disposal of that type ? Page 137 [19] MR. MANTA: Could I have - I [1] perfectly willing to talk about that. [20] MR. MC CONNELL: Objection. j [2] MR. BRAY: I'd rather not do that and I'm [21] MR. MANTA: Excuse me. Could I have a i [3] sympathetic to your plight and on occasion. 1 think it [22] clarification. Mr. Bray? You're asking questions without 1 11 [4] sort of cuts off the end of the question so I'm going to Page 134 [5] restate it subject to that objection, but if the witness [1] any time frame. The witness answered as to the '30s. Are [6] can pause just a bit, too. [2] we talking about the '30s or some particular other time I [7] THE WITNESS: I'll do my best to pause. [3] period? [8] MR. BRAY: That might help. [4] MR. BRAY: Let me talk about specific time [9] MR. MC CONNELL: My objection is continuing at [5] periods. [10] least as to the question you're about to ask. [6] BY MR. BRAY: [11] MR. BRAY: Right, right. [7] Q After you became medical director of Monsanto in [12] BY MR. BRAY: [8] 1946. that is, you had been employed earlier, prior to the [13] Q You indicated that one of the duties entrusted [9] war but became medical director in 1946, I'm referring to [14] to you in the medical department by the Monsanto executive [10] that period of time. What was the belief with respect to [15] committee of the board was making health recommendations [11] the effect of dilution of effluents going into a river? , [16] with respect to capital outlays. [12] MR. MC CONNELL: Objection. No foundation. j [17] A Yes, sir. [13] Calls for speculation. Object to leading. j [18] Q When such recommendations were made, did they [14] BY MR. BRAY: [19] involve additional cost to be incurred by Monsanto? [15] Q What was the belief regarding what happened? [20] A Oh, certainly. [16] MR. MCCONNELL: Same objections. [21] Q Monsanto was a company in the business of [17] THE WITNESS: The common belief in industry was [22] business. What was the attitude of the Monsanto [18] that what material was put in there was diluted to such an Page 138 [19] extent by the receiving water that it did not cause any j [1] management to the medical department making [20] problem for aquatic life. That was the thinking. We're | [2] recommendations about capital outlays the effect of which [21] now back in the time frame of '36 to '42. Before that, I j [3] was going to cost more money? [22] knew nothing about it. ! [4] MR. MC CONNELL: Object to form. No Page 135 i [5] foundation. [1] BY MR. BRAY: | [6] THE WITNESS: Will yourepeat thequestion. [2] Q How about the period of 1946? j [7] MR. MC CONNELL: Ismyobjection continuing, [3] MR. MC CONNELL: Same objections. I [8] Jack? [4] THE WITNESS: '46 on? | [9] MR. BRAY: Yes, it is for this one. [5] BY MR. BRAY: [10] BY MR. BRAY: [6] Q Yes. j [H] Q In view of the fact that Monsanto was a busine ss [7] A Oh, I think the public and industry and i [12] company, what was the altitude of management about :iie [8] government became more aware of the problems with i [13] medical department's making recommendations concerning that | [14] health in connection with those capital outlays where the [9] particular type of thinking, that they found out that \ [15] effect was going to be to cost the company money ? [10] there was such a large amount of wastes put into these j [16] A Well, no company likes to spend money on [11] streams, that dilution wasn't effective anymore. j [17] unproductive capital. So - but 1 heard no vetoes. I [12] Q And what happened? j [18] remember no vetoes of any such suggestions of mine that [13] A Some of the rivers were unable to sustain any ] [19] would cause capital improvements. Obviously, I didn't [14] fish. Lake Erie was unable to sustain any fish. The I ask [15] outflow from the city of Cleveland caught on fire, there j [20] for a million dollar treatment plant or something like [16] was so much oils and things in the river. And people | [21] that or a million dollar dispensary. But anything that 1 Page 132 to Page 138 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062550 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 XMAXU3I [22] considered reasonable was accepted by the company. Page 139 [1] Q Were you discouraged from asking for cosily [2] additions to capital outlays for health purposes? [3] A No. I wasn't discouraged. I don't know if [4] everything I said was approved. I just don't remember it. [5] Q You used the term "veto." Let me use a simpler [6] term. [7] Do you ever remember any ofyour recommendations [8] to incur additional cost for health purposes connected [9] with capital outlays being turned down? [10] MR. MANTA: Objection. Foundation. Lack of [11] foundation. [12] MR. MC CONNELL: Asked and answered. [13] THE WITNESS: I'm trying to think of some. I [14] mean, I don't want to be positive one way or the other, [15] but I can't think, off the top of my head, of any of them [16] being turned down, but there certainly may have been some [17] over the course of 35 years that were turned down. [18] BY MR. BRAY: [19] Q Did you, as you were medical director of [20] Monsanto, have occasion to become familiar with Monsanto's [21] so-called safety record at its various plants? [22] ____ MR. MC CONNELL: Objection. Form. Page 140 [1] THE WITNESS: Yes. Safety, remember, was not a [2] function of the medical department. Safety referred to [3] back injuries, following off a ladder, explosions. The [4] amount of loss time accidents, which is the criterion used [5] for [6] BY MR. BRAY: [7] Q Used by whom ? [8] A All companies, insurance companies, government [9] statistics. Loss time accidents were mostly accidents [10] rather than occupational conditions with the exception of [11] dermatitis. Dermatitis is probably the number one item as [12] far as loss time is concerned in the company. And [13] Monsanto's record in loss time accidents was quite good. [14] It was always the top three of the company. In [15] some of their larger plants worth $3 million without a [16] loss time accident and they received numerous awards from [17] their carriers, National Safety Council duriug World War [18] II when they had those E flags or something like that, [19] that some government body gave out. They collected quite [20] a bunch of those. [21] Q Was there any similar form of statistical [22] measurement for occupational health or health matters? 1 11 Page 141 [1] A No, but if a person were off from a dermatitis, [2] that was considered loss time accident. If he were off [3] from silicosis, that would be considered a loss time [4] accident, even though it was a health condition rather [5] than what we think of as an accident falling off a ladder [6] or getting hit by a pickup truck or something. [7] MR. BRAY: Would you mark this as three [8] exhibits. [9] (Kelly Exhibits V-6 through V-8 [10] identified.) [11] MR. BRAY: On or off the record, I tried. I [12] tried to make it legible. [13] MS. SCHIFFER: Jack, could you read the Bates [14] numbers into the record so we've been trying to keep track [15] of them. [16] MR. MC CONNELL: That may be the only legible [17] part here. [18] MR. BRAY: I was afraid it may not be. We're [19] going to mark as Kelly Exhibit V-6 a one-page document [20] with the Bates number MCA 0233590 and as Kelly Exhibit V-7 [21] a one-page document with Bates numbered MCA 0233591 and as [22] Kelly Exhibit V-8 a one-page document with the Bates Page 142 [1] number MCA 0233592. [2] MS. SCHIFFER: Mr. Bray, I'm going to object to [3] these documents. Again, they appear each to relate to the [4] Anniston plant and the Anniston plant is not a Trial Group [5] I plant site and so for the reasons that 1 stated in mv [6] earlier objection, I object to the use and examination of [7] the basis on the use of these Anniston-related documents. [8] MR. BRAY: But it is a Trial Group 2 site. [9] MS. SCHIFFER: It is a phase 1 site but it is [10] not a Trial Group 1 site and it's mv position that the [11] discovery plant pursuant to which this deposition is being [12] taken limits this deposition to Trial Group 1 and not to [13] phase 1, and so therefore, I reiterate my objection to [14] examination on the basis of these documents. [15] MR. BRAY: I understand your objection. You [16] understand we don't agree with it. [17] MS. SCHIFFER: I do understand that, but I [18] repeat my objection on the record and 1 would request that [19] it be a continuing objection for the basis of examination [20] on these documents so I don't need to repeat it at the [21] beginning of each question. [22] _____MR. BRAY: That's acceptable. Page 143 [1] BY MR. BRAY: [2] Q Dr. Kelly, we've had marked as Kelly Exhibits [3] V-6 through 8 three single pieces of paper which are very' [4] difficult to read. And / apologize. These are the best [5] copies l could come up with. I ask you if A, you're able [6] to read them and B, if you're familiar with them? [7] A I've been able to read V-8 easily and V-7 [8] easily. A little tough on V-6, and I am familiar with [9] this type of document. [10] Q I ask you if at or about - referring first to [in V-8 since it's more legible, whether at or about the dates [12] that are reflected on that document, the period 1962 to [13] 1966, in the course of your work as medical director at [14] Monsanto, you had occasion to see such documents? [15] A Yes, I did. [16] Q Would you describe what that occasion was. [17] A Occasion to see them? [18] Q Yes. [19] A Well, we had newsletters that circulated through [20] all the company and even though this might refer to an [21] Anniston, Alabama plant, it was put in the newsletter that [22] came out of St. Louis. They also would have it on the Page 144 [1] bulletin boards of the general office when a plant got an [2] award similar to this, that I'd see it there. [3] Q And what are these documents? [4] A Well, it's a little promotional award given by [5] the insurance company after a particular long period of [6] operation without a loss time accident or disabling [7] injury, as they term it. In one case, it was for four [8] years. Another one was for three years. I don't know how [9] long the last one was. It looks like another three-year [10] period. [11] Q And who's the insurance company? [12] A I beg your pardon? [13] Q Who's the insurance company? [14] A Liberty Mutual in this particular instance. [15] Q And what is the award for? [16] A For the workers working particular period of [17] time without a disabling iqjury or which would be termed a [18] loss time. In other words, they lost work because of the [19] injury. [20] Q And Exhibit Kelly V-6. does that relate to a [21] particular plant? [22] A A particular plant? Page 145 [1] 2 Plant, yes. [2] A Yes. I can't make out theplant. [3] 2 D yu see ri.kht downunder the word "chemical ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 138 to Page 145 WATER PCB-SD0000062551 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277,0 XMAXI24) [4] company," under "Monsanto Chemical Company "? [5] A Anniston, Alabama. All three relate to [6] Anniston. [7] Q Where were PCBs made? [8] A In St. Louis - wait a minute. They're made in [9] Anniston, East St. Louis. [10] Q East St. Louis is Krummrich? [11] A Krummrich. They weren't made in St. Louis. The [12] main operation was in Anniston. They made the diphenyl [13] there and sometimes they sent that diphenyl up to East [14] St. Louis for further process and sometimes it was [15] chlorinated right in Anniston. [16] (Kelly Exhibit V-9 identified.) [17] BY MR. BRAY: [18] Q Dr. Kelly, when you were medical director at [19] Monsanto, did Monsanto from time to time receive reaction [20] on the health, safety or environmental steps it took from [21] the public sector? [22] ____ A Yes, it did. Page 146 [1] MR. MC CONNELL: Object to form. Vague. No [2] foundation. [3] THE WITNESS: Yes. it did. [4] BY MR. BRAY: [5] Q With respect to the subject of PCBs about which [6] you testified about earlier, do vou recall receiving any [7] reaction on Monsanto 's actions from the Environmental [8] Defense Fund? [9] MR. MC CONNELL: Object to form. [10] THE WITNESS: Yes. I did. [11] BY MR. BRAY: [12] Q I hand you what's been marked as Kelly [13] Deposition Exhibit V-9 and ask you if you can identity [14] that document. [15] A What about it? [16] Q Can you identify that document? [17] A Oh, yes, this is a letter from the executive [18] director of the Environmental Defense Fund to our public [19] relations department at New York. [20] Q At or around the date of this letter, August 24, [21] 1970- [22] _____ A That's correct. Page 147 [1] Q - do you recall becoming familiar with this [2] letter? [3] A Yes. [4] Q And would you describe the circumstances under [5] which you would have seen it? [6] A Oh, I think it was circulated to anybody that [7] hud a connection with the PCB problem. They were happy to [8] have somebody on our side for a change. The Environmental [9] Defense Fund was certainly no tool of the industry. So [10] coming from them, we considered it pretty fulsome praise. [11] Q It's written bv Roderick Cameron? [12] A Yes. " [13] Q Who is he? [14] A The executive director of the Environmental [15] Defense Fund. [16] Q And the beginning of the second paragraph of the [17] letter, would you read that. [18] A "At EDF, we have been most impressed by [19] Monsanto's willingness to be responsible where the [20] environment is concerned. We have closely watched the [21] development of information concerning the environmental [22] impact of Monsanto's product polychlorinated biphenols. Page 148 [1] PCBs. What impressed us most was Monsanto's attitude and [2] finally its action to lessen the environmental degradation [3] caused by its product. We continue to watch your PCB [4] cleanup program to be sure your action is as good as your ' [5] word. But in the meantime, we are impressed by your ! [6] sensitivity and responsibility. Indeed, in many informal I [7] conversations we have singled out your company as i being [8] one capable of acting in its own long term interest and I [9] that of society rather than a short term economic ' [10] interest. YVe have great respect for you." [11] Q Dr. Kelly, when you were medical director - [12] MR. MANTA: I move to strike that. I don't [13] understand what that accomplished, have the witness read [14] from a document that he's - not addressed to him and he's [15] not copied on. [16] BY MR. BRAY: [17] Q Dr. Kelly, when you were medical director of [18] Monsanto, did you have occasion to become familiar with [19] the motivations and incentives that affected the decisions [20] of individual workers at Monsanto with respect to safety, [21] health and the environment? [22]______ MR. MC CONNELL: Object to form. Vague. No Page 149 [1] foundation. [2] THE WITNESS: Yes, I did. [3] BY MR. BRAY: [4] Q What was their incentive with respect to [5] environmental matters? [6] MR. MC CONNELL: Object to form. Vague. No [7] foundation. ; [8] THE WITNESS: Well. I think they're a worker at i [9] Monsanto, but they're also a citizen of the United I [10] States. They were interested -- they were hunters. They j [11] were fishermen. They fished in Texas City. They fished | [12] off the dock down in Texas City. They were hunters and ! [13] fishermen in Michigan, and I think they exhibited a pretty [14] high level of concern tor the environment. [15] Now, you asked about safety. Obviously, they [16] didn't want to get hurt themselves in the plants. But [17] from the environment is concerned, I think they had all [18] the concerns that an intelligent citizen had. [19] BY MR. BRAY: [20] Q What incentive did Monsanto management provide [21] or convey to the workers at Monsanto with respect to [22] environmental matters? I * Page 150 | [l] MR. MC CONNELL: Object to form, i [2] MR. MANTA: No foundation, i [3] THE WITNESS: I don't know what you can say | [4] about incentive, but they were always preaching with i [5] bulletins and at safety meetings that pollution starts I [6] right in the plant - pollution control starts in the | [7] plant. Don't tolerate spills. Don't tolerate washing it I [8] in the drains and the sewers and the individual [9] departments and I think their concern was they did see how i [10] much the company was spending on pollution abatement [11] concerns over the years. [12] There were really hundreds of millions of [13] dollars spent. They saw that on the part of the company. [14] The company was, in bulletins and newsletters, describing ! [15] what plans they were carrying out to abate pollution in i [16] the various plants. ; [17] BY MR. BRAY: [18] Q Was there, during your tenure as medical [19] director of Monsanto, ever a message that you perceived to [20] be conveyed to Monsanto employees that they would somehow j [21] benefit by taking environmentally irresponsible action? j [22]______ MR. MC CONNELL: Object to form. Vague. No_____ j Page 151 . [1] foundation. Calls for speculation, j [2] THE WITNESS: Was there ever a statement by j [3] Monsanto that 1 can recollect that they would tell the j [4] employees to take an irresponsible action towards waste j [5] disposal? Is that your question? i [6] BY MR. BRAY: | [7] Q Or take environmentally irresponsible actions. | [8] MR. MC CONNELL: Same objections. ] [9] THE WITNESS: There never was. I mean, there Page 145 to Page 151 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062552 BSA_________________________ Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277,0____________________ XMAXI25) [10] are so many phrases in that, I want to be sure what I'm [11] answering to. Monsanto never told an employee to dump [12] something just to get it out of the way or save it from [13] being handled in an accurate fashion by sending it to a [14] treatment plant or to a landfill. [15] BY MR. BRAY: [16] Q During your tenure as medical director, matters [17] relating to waste disposal were from rime to rime [18] regulated by certain laws and law enforcement officials. [19] were they not? [20] A Yes. [21] MR. MC CONNELL: Object to form. Leading. [22] THE WITNESS: Yes. I Page 152 [1] MS. SCHIFFER: Also, there's no time frame [2] given. [3] MR. BRAY: The time frame of the question was [4] during his tenure as medical director. [5] BY MR. BRAY: [6] Q During your career at medical director, do you [7] recall what Monsanto's management's policy was with [8] respect to compliance by plant employees, other employees [9] with laws relating to the regulation of environmental [10] matters? [11] MR. MC CONNELL: Object to form. Vague. No [12] foundation. Calls for speculation. [13] THE WITNESS: Well, yes. They were told what [14] the law is and if you don't obey the law, you'll be fired. [15] BY MR. BRAY: ' [16] Q Was that the case when you first became medical [17] director at Monsanto? [18] MR. MC CONNELL: Same objections. [19] THE WITNESS: There weren't any laws relating to [20] it at that time. [21] BY MR. BRAY: [22] Q When the law - excuse me. | Page 153 [1] A Number two, no, it wasn't. After all, there was [2] a tremendous change in the viewpoint of workers. [3] management and the public at large about waste disposal [4] between the 1930s and the 1960s, '70s, '80s. [5] Q In the case of the Texas City plant, referring [6] to waste disposal, did you become familiar with the [7] offices or the law enforcement agencies in the state of [8] Texas who had responsibility forenforcing laws that [9] protected the environment? [10] A Well, I didn't. 1 would know Jack. I'd see his [11] expense accounts. He'd go down to Austin. Texas and I [12] think that's where the state agencies were. I think [13] that's the capital of Texas. [14] Q And he dealt with law enforcement officials? [15] A Yes. In fact, he was a registered lobbyist [16] there. [17] Q With respect to Monsanto's policies concerning [18] compliance with laws in Texas, when you were medical [19] director and when there were laws, what was Monsanto's [20] policy with respect to compliance? [21] MR. MC CONNELL: Object to form. Vague. No [22] foundation. Calls for speculation. I Page 154 [1] THE WITNESS: If there's a law and we know about [2] it, we'll follow it. [3] BY MR. BRAY: [4] Q And would you follow the letter of the law? [5] MR. MC CONNELL: Same objections. [6] THE WITNESS: Yes. Letter and the spirit. [7] MR. BRAY: I have no further questions. [8] MR. MC CONNELL: Why don't we go off the record [9] now so we can change sides of the table. [10] VIDEO OPERATOR: We're off the record at [11] approximately 4:11 p.m. [12] (Recess.) [13] VIDEO OPERATOR: This is the end of video [14] cassette number two. We're off the record at [15] approximately 4:23 p.m. [16] (Discussion off the record.) t [17] VIDEO OPERATOR: This is the beginning of video j [18] cassette number 3 of the deposition of R. Emmet Kelly. j [19] Back on the record at approximately 4:25 p.m. [20] EXAMINATION ' [21] BY MR. MC CONNELL: | [22] Q Good afternoon. Dr. Kelly.. Page 155 i [1] A Good afternoon, sir. i [2] Q My name is Dick McConnell. I'm one of the j [3] attorneys for The Travelers Indemnity Company. I'd like i [4] to make sure we understand each other in the deposition so j [5] if at any time you can 7 hear me properly or you have [6] trouble understanding the question, if you'd tell me. I'd i [7] be glad to repeat it nr rephrase it. Can we have that | [8] understanding ? I [9] A Thank you. Yes, we do. [10] Q Dr. Kelly, do you recall we had another [11] deposition in this case last week? [12] A Yes, sir. [13] Q And you testified in that deposition ? [14] A Yes, sir. [15] Q You were under oath? [16] A Yes, sir. \ [17] Q And we had a court reporter present in the room ? I [18] A Yes, sir. j [19] Q We didn't have any video cameras that day, but j [20] we did have a reporter? [21] A Yes, sir. ; [22] Q And I asked a number of questions during the j Page 156 j [1] course of that deposition ? ( [2] A Yes, you did. : [3] Q And Mr. Manta and Ms. Schiffer also asked some .' [4] questions? ! [5] A That's correct. [6] Q Was your testimony in that deposition true and [7] correct, sir? [8] A Yes, to the best of my recollection, it was. [9] Q There's nothing about that testimony that occurs [10] to you now that you would want to change? [11] A No. I haven't seen the transcript, so I really [12] don't know the details of the testimony. | [13] Q But as far as you can recall, the testimony you \ [14] gave was true and accurate? I [15] A That's correct. [16] Q Dr. Kelly, you started as the medical director j [17] at Monsanto in 1946? ! [18] A Yes, sir. j [19] Q You retired in 1974? j [20] A Yes, sir. [21] Q You were the medical director at Monsanto for 2X [22] years? Page 157 [1] A Was it 28? '46 to '74, yes. j [2] Q And prior to that time, you were the plant [3] doctor at the Queeny Plant? I [4] A Yes, sir. I [5] Q And you held that position for six years? [6] A Yes, sir. | [7] Q Is it correct, sir, that you were with Monsanto ! [8] either as a plant doctor or the medical director of the [9] company for a total of 34 years? [10] A Yes. sir. [11] Q After you retired. Dr. Kelly, did you do any [12] consulting work for Monsanto? [13] A Yes, for one year I was on aretainer. [14] Q And after that one year,did you do any other j [15] consulting work for Monsanto? : [16] A No, with the exception of their individual cases i [17] similar to this one. ! [18] Q Was that on a fee for service basis? i [19] A Yes. sir. j [20] Q And do you continue to do some consulring work : [21] for Monsanto right up through today, Dr. Kelly? , [22] ~ A Yes, sir.' \ Page 158 ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 151 to Page 158 WATER PCB-SD0000062553 BSADepo of; R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277,0 _____________ XMAX126I [I] Q Is there an hourly fee that you charge Monsanto? [2] A Yes, sir. [3] Q And what is that fee, sir? [4] A $200 an hour. [51 Q Do you receive a pension from Monsanto, [61 Dr. Kelly? [7] A Yes, I do. [8] Q Is that in addition to any consulting work that [9] you perform for the company ? [101 A Yes, sir. [HI Q Do you own stock in Monsanto, Dr. Kelly ? [12] A Yes, 1 do. [13] Q Did Monsanto have a stock option program for its [14] top officers and key employees? [15] A Yes, sir. [16] Q Were you one of the key employees who received [17] stock options? [18] A Yes, sir. [19] Q Do you still own stock in Monsanto? [20] A Yes, I do. [21] Q Are you being represented by a lawyer in this [22] matter, sir? Page 159 [1] A Two lawyers. One, Mr. Bray and one, [2] Mr. Snively. [3] Q Mr. Bray is one of Monsanto's lawyers in this [4] case ? [5] A Yes, he's an outside counsel. [6] Q Is Monsanto paying Mr. Bray s fees to represent [7] you here today? [8] MR. BRAY: Objection. [9] THE WITNESS: I don't know. [10] BY MR. MC CONNELL: [11] Q Are you personally paying any of Mr. Bray's [12] fees? [13] MR. BRAY: Same objection. [14] THE WITNESS: I hope not. [15] BY MR. MC CONNELL: [16] Q Do you know who is paying his fees, sir? [17] MR. BRAY: Same objection. [18] THE WITNESS: If anybody, it will be Monsanto. [19] BY MR. MC CONNELL: [20] Q How many times have you met with Mr. Bray in [21] connection with this case. Dr. Kelly? [22] A You mean different days or like today, I met him Page 160 [1] three times. Is that what [2] Q Let's talk about different days. Excluding the [3] deposition sessions. [4] A Oh, I think one or two - probably three outside [5] of the deposition sessions. [6] Q When was the first time that you met with [7] Mr. Bray in connection with this case? [8] A About three weeks ago, I believe. [9] Q Where did you meet with him at that time, sir? [10] A In St. Louis. [11] Q How long did vou meet on that occasion, sir? [12] A Three hours, four hours. [13] Q Was that in preparation for your deposition? [14] A Well, I think it was just to give me a general [15] idea of what the case referred to and what the details of [16] the case were. [17] Q And by this case, you're talking about the case [18] we 're here today on ? [19] A Monsanto versus Aetna. [20] Q Was anyone else present at that meeting, sir? [21] A Yes, but I don't remember. There was somebody [22] from the in-house counsel at Monsanto was there for part Page 161 [1] of the time. Maybe not all the time. [2] Q That was an in-house lawyer for Monsanto? [3] A Yes, that's correct. [4] Q Do you remember his name ? [5] A I don't know. No, I don't remember it. It may [6] have been Snively, but I don't know. [7] Q Is there a Mr. Snively who's a member of | [8] Monsanto s law department? | [9] A Yes. 1 [10] Q But in any event, whoever it was, it was a [11] member of the Monsanto law department? [12] A At some time, yes. [13] Q You told me you met three times with Mr. Bray. ! [14] When was the second time, Dr. Kelly? I [15] A In Washington, on Monday the 25th. [16] Q The 25th of January? [17] A Yes, sir. [18] Q Of this year ? [19] A Yes, sir. [20] Q How long did you meet with Mr. Bray on that [21] occasion, sir? [221 A About six hours. I suppose. Page 162 [1] Q And what was the purpose of that meeting? [2] A Preparation for the deposition. [3] Q And did you have occasion to meet with Mr. Bray [4] again after that time ? [5] A Well, I saw him at a deposition for two days, [6] and then I saw him for about four hours on Monday the 1st. [7] Q Monday, February 1st? [8] A That's correct. [9] Q Yesterday? [10] A Yes. [11] Q And that was for how long, sir ? [12] A Three hours. [13] Q You mentioned, Dr. Kelly, that there was another [14] lawyer, other than Mr. Bray, who's representing you in [15] this case? [16] A Snively. Dave Snively. [17] Q Who is that? [18] A A Monsanto lawyer, in-house counsel. [19] Q He's a member of Monsanto's law department? [20] A That's correct. [21] Q It's your understanding that Mr. Snively is [22] representing you in connection with this case? Page 163 [1] A Yes. [2] Q Have you met with Mr. Snively about this case, [3] Dr. Kelly? [4] A Probably around the time I met with Mr. Bray the [5] first time. I believe Mr. Snively was the other lawyer [6] that was present when I met with Mr. Bray the first time. [7] Q And how long did that meeting last, sir? [8] A Snively was only in there a couple of hours, I [9] think. [10] Q Did you meet with Mr. Snively, apart from [11] Mr. Bray ? [12] A I don't think so. [13] Q And how many times did you meet with [14] Mr. Snively? [15] A Once then and I saw him at lunch today. [16] Q Mr. Snively was in the deposition this morning? [17] A Yes. [18] Q And do vou remember when we talked last week in [19] your deposition. Dr. Kelly, you told me you had met with [20] Mr. Snively twice in connection with this case? [21] A If I did, it may be in my other book for 1992, [22] but I've been in quite a few of these different Page 164 [1] discussions. I think we have four cases on the plate [2] right now, so 1 could easily be mistaken when I met him [3] either once or twice, but I thought it was once. [4] Q You're working with Monsanto in four separate [5] cases right now, sir? [6] A Yes, sir. [7] Q Could you tell me what those cases are. [8] A One is Nevada Power. [9] Q Nevada Power? [10] A Nevada. [11] Q What's the general subject matter of that case, [12] Dr. Kelly? [13] A I think it's a leak - PCBs leaked from an air Page 158 to Page 164 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062554 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2. 1993 CR: 54277,0 XMAX(27) [14] compressor. [15] Q What's the next case. Dr. Kelly? [16] A The other is a trichloroisocyanuric acid, which [17] is a swimming pool compound. [18] Q Could l ask you to spell that for the reporter. [19] sir7 [20] A I beg your pardon? [21] Q Could l ask you to spell that word for the [22] reporter,_________________________________________________ Page 165 [1] A Yes. T-r-i-c-h-l-o-r-c-y-a-n-u-r-i-c acid. [2] Q Is it a case of an injury caused by that [3] chemical? [4] A Alleged injury. [5] Q What's the next case. Dr. Kelly? [6] A There's one in New Brunswick. [7] Q Do you know what that case is about? [8] A Yes. He's alleging injury from PCBs that he was [9] exposed to rolling a drum over ground that allegedly had [10] PCB in it. in the ground rather than the drum. [11] Q And what's the last of the four cases you told [12] me about? [13] A This one. [14] Q This case. Have you had your deposition taken [15] in the Nevada Power case? [16] A Not us yet. [17] Q What about the New Brunswick case? [18] A No. [19] Q What about the trichloroisocyanuric acid case! [20] A I don't think so. I think I've just had the [21] prep. [22] _____ Q But you ve met with Monsanto reyarding those______ Page 166 [1] cases? . [2] A Yes. I have. [3] Q Other than the four cases we've been talking [4] about, have you testified for Monsanto in other cases '? [5] A By "testified." do you mean in trial or by [6] deposition? [7] Q Why don l we break it down. [8] How many times have you testified for Monsanto [9] in depositions? [10] A 10 or 12. [11] Q Is that in 10 or 12 separate cases? [12] A That's correct. [13] Q And how many times have you testified in court [14] for Monsanto, Dr. Kelly? [15] A Four or five, I believe. [16] Q Do you remember in your deposition last week. [17] Dr. Kelly, telling me you'd testified five to 10 times in [18] court for Monsanto? [19] A Did I say "give or take a few"? [20] Q Would you like to look at what you said? [21] A No. but I usually phrase it by that. 1 add that [22] to it.____________________________________________________ Page 167 [1] Q Why don't we take a look at it and make sure. [2] We don t need to mark it. [3] A How did you get one of these and I didn't? [4] Q I don't know. Dr. Kelly. Your lawyer should [5] have one by now. Why don't we go ahead and mark that as [6] Kelly V-10. [7] (Kelly Exhibit V-10 identified.) [8] BY MR. MC CONNELL: [9] Q Dr. Kelly, we're going to mark volume I of the [10] transcript of your deposition from last week as Kelly [11] Exhibit V-10, and I'd like to ask you first. Dr. Kelly, [12] whether you recognize that as a transcript of the [13] deposition that you gave in this case last week? [14] A Yes, I do. [15] Q And you remember that you were under oath in the [16] deposition ? [17] A Yes. I was. [18] MS. SCHIFFER: I'd like to state for the record [19] to clarify that it's a transcript of the first day of that [20] deposition. ; [21] THE WITNESS: I cannot hear you. [22]_______MS. SCHIFFER: It's a transcript of the first Page 168 . [1] day of that deposition, not of the complete deposition. [2] MR. MC CONNELL: Yes. I've pointed that out. : [3] BY MR. MC CONNELL: [4] Q Dr. Kelly, I'd like to ask vou to look at page I [5] 24 of the deposition, sir, and specifically I'd like to j [6] direct your attention at line X. Would you tell me when j [7J youhave that. i [8] A I'm up to page 22 rightnow. ! [9] j [10] Q Do you see at line X A Five to 10, yes, sir. I see it. Is that what I I [11] say today? [12] Q Yes. sir. [13] A What did I say to you earlier? [14] Q Well, / believe vou said four to five todav. [15] Last week you said five to 10; is that right? [16] MR. BRAY: Objection. That's a I [17] mischaracterization of thetranscript. j [18] THE WITNESS: I guess five to 10 is more correct [19] than four to five. [20] BY MR. MC CONNELL: [21] Q Okay. Let me direct your attention now to page ! [22] 23, Dr. Kelly, the page rinht before that and you see at j Page 169 ! m line 13 / asked youwhether you'd testified for Monsanto [2] in other cases? , [3] A Yes, sir. I [4] Q And thenyou asked me to break it down with ! [5] respect to trial ordepositions'* i [6] A Yes, sir. ! [7] 2 And I asked you this question; "Let's break it [8] down. Let's talk about depositions first. " [9] A Yes, sir. [10] 2 And if you look at line 21. Dr. Kelly, how many [11] depositions did you say you had given on behalf of [12] Monsanto in that? [13] A "15, give or take two or three." [14] Q You think that's an accurate statement. [15] Dr. Kelly? [16] A What did I saytoday? [17] 2 We//, today, I think you said 10 or 12. [18] A Well, that's pretty close. [19] 2 Pretty close. You've testified a number of ! [20] times for Monsanto both in depositions and in court cases? j [21] A That's correct. I [22] Q Did Monsanto pay you for your time when you Page 170 [1] testified in those cases. Dr. Kelly? [2] A They did except in the Nitro case when I was a [3] fact witness, and I think the state of West Virginia paid [4] me $35 a day. [5] 2 P,lt with the exception of the Nitro case in all [6] the other cases you were paid for your time when you [7] testified for Monsanto? [8] A That's correct. [91 Q Were you paid at your normal hourly rate, sir? [10] A It depends on the time frame. Some of the [11] earlier depositions in earlier trials, I believe my fee [12] was $150 an hour. [13] 2 Your hourly rate changes over time? [14] A Over time it did, yes, sir. [15] 2 Is Monsanto paying you for your rime in this [16] deposition today?' [17] A Yes, they are. [18] 2 And at what rate, sir? [19] A $200 an hour. [20] 2 Did Monsanto pay you for the time you spent [21] preparing with Mr. Bray ?* 1 [22] A Yes, it did. Either it did or I don't know if Page 171 [1] I've billed them yet but I will bill them at that rate. [2] 2 And did Monsanto pay for your time in the [3] deposition last week, sir? [4] A I haven't billed them as yet, but they will. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 164 to Page 171 WATER PCB-SD0000062555 BSA Depo of; R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277,0 XMAXI28) [5] Q Dr. Kelly, you were Monsanto's plant doctor at [6] the Queeny Plant from 1936 to 1942? [7] A Yes, sir. [8] Q And during the same time, 1936 to 1942, you were [9] asked to visit other Monsanto plants? [10] A That's correct. [11] Q Did you visit them on a regular basis, [12] Dr. Kelly, or how was that determined? [13] A Well, that was sort of like putting a fire nut. [14] The management of the company would have a problem that if [15] they bought a new phosphorus process, they got a great [16] amount of medical instructions from the German people from [17] whom they bought the technology and the Germans bad quite [18] an amount of medical recommendations that the company [19] would ask me about it, and I would go down and see it, and [20] some I agreed with, the minority 1 disagreed with. [21] That was in Columbia, Tennessee. There may have [22] been isolated ones at other plants. I would say in those Page 172 [1] years, the latter part of the '30s, I went to the major [2] plants, which were about four or five, major plants of [3] Monsanto. [4] Q How many plants did Monsanto have in the United [5] States at that time, sir? [6] A Seven to 10, to the best of my recollection. [7] Q Did they have plants in Canada? [8] A Yes. [9] Q Were there plants in other foreign countries? [10] A Yes. They had two in England. I did not see [11] those until '54. Later on they had one in Germany. They [12] had one in France. They had them - two in Mexico. [13] Q Any others that you can remember, Dr. Kelly? [14] A Well, they had subsidiaries, but I don't know [15] whether they had voting control, whether they had 51 [16] percent, in Japan. I wasn't at the Japan plants until the [17] '70s. [18] Q Do you remember which plants you visited in the [19] period from 1936 to 1942, Dr. Kelly? [20] ' A '36 to '42? [21] Q Yes, sir. [22] A Well, 1 visited Merrimuc. 1 visited Page 173 [1] Springfield, Massachusetts. I visited Nitro. I visited [2] Anniston, East St. Louis. [3] Q Is East St. Louis [4] A The Krummrich. [5] Q - the Krummrich plant? [6] A Right. [7] Q Can you remember any others, sir? [8] A I don't know whether I was at Norfolk or not. [9] That was a small plant. [10] Q IVos there a plant known as the Carondelet plant? [11] A Yes. [12] Q Was that owned by Monsanto? [13] A What? [14] Q Was that owned by Monsanto? [15] A That was bought when they bought Swann. That [16] was in St. Louis, in the southern suburb of St. Louis. I [17] visited that one. [18] Q Is that plant known by any other name? [19] A It was plant C at first. And then it was the [20] Carondelet plant. [21] Q Did youvisit the plant in Columbia, Tennessee? [22] A Yes. 1 Page 174 [1] Q Did youmention that one? [2] A Yes.' [3] Q What about Montreal? [4] A Yes. I'm trying to think when I went up there, [5] though. I don't know whether I went up there before 1942 [6] or after '46. I don't know when I went up there. [7] Q And what about the plant in Toronto? [8] A That was a small little plant. Whenever I went [9] up to Montreal, I would go to Toronto. [10] Q Same time? [11] A Yes. [12] Q All of the plants we've been talking ai"-ut were [13] owned'by Monsanto during the period of 1936 to 1942 ? [14] A Yes, they were. [15] Q And where was your regular office at that time, [16] sir? [17] A In St. Louis at the Queeny Plant. [18] Q Was it part of your job at that time. Dr. Kelly, [19] to become knowledgeable about the toxicity of the [20] chemicals used by Monsanto as raw materials? [21] A Yes, it was. [22] Q And was it also part of your job to become_______ Page 175 [1] knowledgeable about the toxicity of the chemicals [2] manufactured by Monsanto? [3] A Yes, it was. [4] Q Was it part of your job to ensure that the [5] workers were not exposed to amounts of those chemicals [6] that would damage their health? [7] A Yes, it was. [8] Q Was it important to make sure that those [9] chemicals were handled safely? [10] A Yes. ' [11] Q And you knew at the time that many of those [12] chemicals could he hazardous to the workers if they were [13] not handled carefully? [14] A Well, not many. Some were and some weren't. [15] Q Did you leave Monsanto for a time in 1942, sir? [16] A Yes. [17] Q And where did you go ? [18] A Pine Bluff, Arkansas and Edgewood Arsenal, [19] Maryland. [20] Q And were you in the U.S. Army during the war? [21] A That's correct.* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 [22]_______Q What was your job function with the Army, sir? Page 176 [1] A It was really much - very similar to what I was [2] doing in civilian life, only working at a chemical warfare [3] installation. [4] Q I'm sorry, sir, would you repeat that. [5] A It was very similar to what I was doing in [6] civilian life, only these workers belonged to the - worked [7] at a chemical warfare installation. [8] Q Was the Pine Blufffacility a chemical warfare [9] installation? [10] A Yes, it was. [11] Q And the Edgewood Arsenal was also a chemical [12] warfare installation? [13] A That's correct. [14] Q You came back to Monsanto as the medical [15] director in 1946? [16] A That's correct. [17] Q Were you the medical director for the entire [18] company. Dr. Kelly? [19] A Yes. I'm hesitating a little because I don't [20] know what the relationship was at first to some of our [21] foreign operations. I don't know because our Japanese [22] operations, they were not 100 percent Monsanto at first. Page 177 [1] My knowledge of Japanese was nonexistent also, [2] and I didn't spend much time with the Japanese, but I did [3] have correspondence and responsibility for the European [4] installations and after - we had textile plants in [5] Luxemburg and Scotland and Lignen, Germany and I was over [6] at those places, and I was really their medical director. [7] But that was - that gradually evolved after we got things [8] rolling here, so in the '50s, I went over to see the [9] European plants. Page 171 to Page 177 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062556 BSA ________________________ Depo of: R. EMMET KELLY Monsanto ' Aetna February 2, 1993 CR: 54277,0_________________ XMAX(29) [10] Q Had Monsanto built or acquired any new plants [11] while you were gone. Dr. Kelly? [12] A While 1 was where? [13] Q While you were in the Army. [14] A Yes. They acquired Texas City. [15] Q Do you know when that occurred? [16] A No. They ran it for a while. I know they [17] bought it after I came back from the service. [18] Q They were in the plant before that? [19] A They were running the plant, yes. [20] Q Do you know when they started running the plant? [21] A Sometime after 1942, before 1946, that's all I [22] know, j Page 178 [1] Q It was while you were gone? [2] A Yes. [3] Q And they bought the planted when? [4] A In '46 after I came back. I remember when they [5] were bidding on it. [6] Q Were you responsible for the medical operations [7] at all of the Monsanto plants in the United Stales? [8] A Yes, I was. [9] Q And in Canada? [10] A Yes. [11] Q As well as in Europe ? [12] A Again, it was only formalized in the late '50s [13] in Europe, the mid-'50s. [14] Q Did Monsanto continue to build or buy additional [15] plants in the years after 1946? [16] A Well, yes, when I left there, they either built [17] them or they acquired them by taking over the plants. [18] They bought a bunch of plants out in the West Coast that [19] were plywood glue factories. Built Chocolate Bayou [20] sometime, I guess in the early '50s. And when I ended up, [21] I think they had 45 to 50 plants in the United States. [22] _____ Q And do you remember how many they had in foreign Page 179 [1] countries, Dr. Kelly? [2] A Two in Mexico, three in Canada, one in Spain, [3] one in France, two in the United Kingdom, three and oue in [4] Scotland, one in Lignen, Germany and - how mauy is that? [5] Q I've lost track. Was there one in Luxemburg? [6] A Yes. [7] Q Any others that you can remember now? [8] A Other than those I've said? [9] Q Yes, sir. [10] A No. There was Luxemburg, Lignen, one or two in [11] France. That's four. Two in England, six; one in Spain, [12] seven. One in Belgium, eight; about 10, I guess, over iu [13] Europe, give or take. [14] Q Give or take? [15] A Give or take a couple. [16] Q Did you still have the plant in Japan? [17] A I don't know what's happened. We didn't own all [18] of it. It was partly run by Mitsubishi. I thiuk, and [19] whether or not we got out of it or not, I don't know. [20] Q Did you continue to visit the plants after you [21] became medical director, sir? [22] A Yes, with the exception, as I said, of the______________ Page 180 [1] Japanese one, and I did not see the European ones until [2] the middle '50s. [3] Q Why don t we talk about the plants in the United [4] States and Canada. Did you continue to visit those ? [5] A Yes, [6] Q How often did you visit them? [7] A I tried to go once a year and sometimes iu the [8] major plants and when we had major problems, I went [9] oftener but certainly I tried to go once a year. [10] Q Did you visit all the plants? [11] A Yes. [12] Q And did you visit the Texas City plant? [13] A Yes, quite frequently. ; [14] Q I think you told us this morning you were in [15] Texas City right after the Grand Camp explosion? J [16] A That's correct, and I was there off and ou quite [17] frequently for the next two months. ; [18] Q Putting that one aside. Dr. Kelly, how often did I [19] you visit the Texas City plant after that? | [20] A I'd say three times in two years. They were j [21] always having hurricanes or something down there, and I | [22] ' had to go down there and see what was happening, j Page 181 ! [1] Q Once or twice a year, you would say? I [2] A I would say so. [3] Q What happened when the hurricanes hit that area. ] [4] sir? [5] A Well, the plant would be flooded. They would [6] have a bunch of refugees sleeping in the polyethylene [7] department, children who were just infants were living in [8] the chemical plant and 1 had to get them out of there and [9] tell them this wasn't a very good idea. [10] Q The grounds of the plant were flooded at times? [11] A Yes. [12] Q That's something you expect down in that part of [13] the country? [14] A It's pretty flat there and the water table is 1 [15] about 2 inches below the ground. I [16] Q Did you continue to visit the plants until you i [17] retired in 1974, Dr. Kelly? [18] A Yes, I did. ' [19] Q When you were visiting the plants, did you talk [20] with the plantchemists and engineers? [21] A Yes, I did. [22] QPlant managers? Page 182 [1] A The chemists, I don't know with about the [2] chemists but I would start with the plant manager, and I [3] talked with the manufacturing superintendent. And then I [4] would talk to the area superintendents. That would be [5] like Texas City would be divided into the ethylene [6] department, the oxygen department and I would talk to [7] them. [8] I would talk to the physician and the nurses. I [9] would talk to the insurance people. I would talk to them [10] about life and health and accident costs. And then I [11] would talk to the engineers about any problems they had. [12] But usually, Jack Garrett or Elmer Wheeler would talk to [13] them about the pollution activities, and I didn't do that [14] as a rule all the time. [15] Q That was more Mr. Garrett's responsibility? [16] A Down at Texas City, yes. [17] Q So you do have some knowledge of the chemicals [18] that were used at the Texas City plant? [19] AYes, sir. [20] Q And chemicals that were used at the other [21] Monsanto plants? [22] A Yes. 1 don't know as much about it now as 1 did1 11 Page 183 [1] 18 years ago. [2] Q l understand that. And you have some knowledge [3] of the products that were made at the different plants? [4] A Yes, I do. [5] Q Was it part of your responsibility as the [6] medical director to answer questions about the toxicity of [7] chemicals that were used in Monsanto plants? [8] AYes. [9] , Q Was it part of your job to answer questions [10] about the toxicity of Monsanto products ? [11] A That were sold or given away or anything, [12] samples, sales, yes. [13] Q Was it important to have toxicity information [14] about the chemicals Monsanto was using at its plants? [15] AYes. How could you - [16] Q And why was that. Dr. Kelly? [17] A You couldn't protect the person unless you knew ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 177 to Page 183 WATER PCB-SD0000062557 BSA Depo of: R. EMMET KELLY Monsanto v Aetna February 2. 1993 CR: 54277.0 [18] what the inherent toxicity of the product was. [19] Q By "protect the person," are you talking about [20] protecting the plant workers? [21] A That's correct. [22] Q Was it important to know the toxicity of the Page 184 [1] products that Monsanto was making at its plants? [2] A Didn't I just answer that? [3] Q I think - I had split it up into two questions. j [4] The first one was about the chemicals that Monsanto was [5] using at the plants and my question now is whether it was j [6] important to know about the toxicity of the products that [7] Monsanto was manufacturing at the plants? [8] A Oh, yes, because we had to give our customers [9] the knowledge of how to protect their own workers and have j j | [10] information that was satisfactory for a label, j [11] satisfactory transportation of material. , [12] Q You talked this morning with Mr. Bray about some I [13] protective measures that were used by Monsanto. Do you j [14] remember that. Dr. Kelly? I [15] A Well, I'm sure I could remember it. [16] QWhy don't l be more specific. You talked with ; j [17] Mr. Bray about using protective clothing at the Monsanto j [18] plants? j [19] AAt some of the plants, yes, sir. j [20] Q And that was designed to protect the worker? . [21] A Yes. [22] Q You talked with Mr. Bray about personal 1 11 Page 185 [1] protective devices, such as respirators? i [2] A Yes. sir. j [3] Q And what is a respirator, sir? t [4] A A respirator is a gadget you put over your uose ' [5] and mouth that filters out harmful constituents iu the ! [6] breathing air that you're taking in. j [7] Q Why would you need a respirator in a chemical [8] plant? I j [9] A Why would you need it? j [10] Q Yes, sir. ; [11] A Because there was mure contaminants in the air [12] the contaminants in the air were at a higher level than j j [13] was accepted as safe for an eight-hour day for a lifetime. [14] Q They were designed to protect the workers as i ! [15] well? ! [16] A Thut's what they were designed for. [17] Q They had nothing to do with controlling [18] pollution? [19] A No. [20] Q They had nothing to do with controlling waste [21] disposal? i [22] A No. | Page 186 [1] MR. MC CONNELL: Dr. Kelly, I see that I've run : [2] over our agreed stopping point by a minute or two. and 1 [3] think maybe this would be a good time to break for the . [4] evening. I [5] THE WITNESS: Fine. [6] MR. MC CONNELL: Off the record. : ` [7] VIDEO OPERATOR: The time is approximately5:02 [8] p.m. We're off the record. [9] (Whereupon, at 5:02 p.m.. the deposition was , [10] adjourned, to reconvene at 10:30 a.m., on Wednesday. : [11] February 3. 1993.) [12] ! : [13] [14] R. EMMET KELLY , [15] i [16] [17] , [18] [19] [20] [21] [22] , XMAX(30) Page 183 to Page 186 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062558 Basic Systems Applications Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 Concordance by LooK-See(35) factories [1] 178:19 fairly [3] 11:15; 18:11; 53:13 falcons [1] 103:20 falling [2] 21:20; 141:5 familiar [14] 30:21; 48:22; 57:4; 71:7; 73:1, 11; 85:11; 87:22; 139:20; 143:6, 8; 147:1; 148:18; 153:6 familiarize [2] 15:6, 22 families [1] 36:10 fashion [4] 84:11; 88:2; 107:22; 151:13 fatalities [1] 91:17 fatality [1] 37:18 fate [11 80:14 favorably [1] 109:2 February [4] 1:15; 4:10: 162:7; 186:11 federal [2] 54:21; 135:18 fee [4] 157:18; 158:1, 3; 170:11 feel [2] 52:17; 64:22 fees [4] 40:8; 159:6, 12, 16 feet [1] 36:22 fellow [3] 22:20; 51:14; 52:11 fellows [2] 44:13; 45:20 felt [1] 92:7 fence [2] 69:15, 19 fertilizer [2] 37:6, 9 field [4] 8:5, 10; 11:17; 104:20 Fielding [2] 2:7; 5:6 filed [1] 63:19 filling [1] 14:15 filter [2] 67:7; 82:19 filtering [1] 80:1 filters [1] 185:5 find [10] 16:11, 15; 17:21; 21:7; 43:8; 52:4; 83:6, 7, 8; 94:16 finding [7] 43:22; 44:1, 9, 10; 83:18 Fine [1] 186:5 fine [4] 13:19; 51:11; 65:5, 12 finished [4] 10:3, 5; 21:8; 39:1 fire [12] 35:13; 37:12, 15. 17, 20; 104:15; 106:1; 118:13; 133:6; 135:15; 171:13 fire-resistant [2] 103:17; 104:16 fired [1] 152:14 fires [1] 38:7 Firestone [2] 42:10; 47:9 firm [3] 4:11, 14; 5:6 First [1] 11:3 first [40] 3:22; 4:18; 9:8; 12:12; 15:9; 19:13, 19; 24:12; 26:11, 13; 37:5; 38:17, 21; 43:2, 7, 15; 47:2; 50:2, 4; 69:4; 91:8: 104:3; 109:21; 120:10; 127:21; 143:10; 152:16; 160:6; 163:5, 6; 167:11, 19, 22; 169:8; 173:19; 176:20, 22; 184:4 fish [9] 63:8; 100:16; 101:16: 103:21, 22; 132:3; 135:14 fished [2] 149:11 fishermen [2] 149:11, 13 Five [1] 168:10 five [18] 9:13; 28122: 37:17; 38:17; 39:2; 53:14; l 60:20; 68:3; 112:19; 114:12; 166:15, 17; 168:14, IS. 18, 19; 172:2 flags [1] 140:18 flammability [1] 22:4 flanges [1] 105:21 flared [1] 79:3 flat [1] 181:14 flooded [2] 181:5, 10 Floor [1] 2:17 Florida [3] 22:20; 23:22; 24:2 now [1] 33:1 flow [8] 32:5, 11, 21; 33:2; 73:19; 130:8, 10; 132:1 flows [1] 38:13 fluid [1] 104:17 fluids [1] 38:3 fluoride [3] 24:21; 72:12; 127:4 fluorine [2] 24:18; 71:20 Flyer [1] 37:11 flying [1] 19:15 follow [3] 58:16; 154:2, 4 followed [2] 28:15; 77:10 following [1] 140:3 follows [2] 4:19; 66:5 food [1] 103:22 force [4] 60:17; 111:2; 116:21 foreign [3] 172:9; 176:21; 178:22 forget [2] 29:2; 133:8 Form [1] 139:22 form [55] 13:15; 42:9; 55:18; 57:1, 12; 63:11; 69:1, 12; 70:9, 16; 72:4; 75:17; 80:16; 81:2, 7, 15; 82:9, 22; 83:13; 84:15; 88:17; 90:2, 5, 13; 91:18; 97:5; 108:1, 22; 109:9; 110:21; 119:20; 120:4, 5; 123:1; 125:1, 9, 14; 126:13; 128:6; 131:12, 19; 132:11; 136:4, 13; 138:4; 140:21; 146:1, 9; 148:22; 149:6; 150:1, 22; 151:21; 152:11; 153:21 formalized [2] 15:18; 178:12 forms [1] 66:19 fortunately [2] 47:15; 50:21 found [23] 37:7; 42:20; 43:1, 15; 47:15; 53:6, 21; 100:10, 13, 15, 16, 19; 101:8, 15; 102:9, 11; 103:18; 104:21, 22; 105:1, 2; 135:9 Foundation [9] 75:18; 78:5, 10, 19; 79:14, 18; 81:5; 106:21; 139:10 foundation [57] 9:11; 49:15; 50:12; 54:9; 61:14; 63:1; 64:11, 17; 68:1; 69:12; 76:5; 77:21; 80:17; 81:14; 82:9; 83:1, 14; 84:14; 86:9; 87:16; 88:8, 16; 90:1, 5; 93:7; 98:13; 107:11; 108:2, 9; 110:9, 11, 22; 112:3; 115:9; 119:6, 13; 120:5; 121:2; 126:14; 128:7; 131:13, 20; 132:8, 20; 133:2, 14; 134:12; 136:5; 138:5; 139:11; 146:2; 149:1, 7; 150:2; 151:1; 152:12; 153:22 founder [1] 26:3 Four [1] 166:15 four [16] 28:1, 3; 37:17; 43:15; 75:5; 144:7; 160:12; 162:6; 164:1, 4; 165:11; 166:3; 168:14, 19; 172:2; 179:11 fowl [2] 101:16 Fox [1] 93:22 frame [6] 71:16; 134:1, 21; 152:1, 3; 170:10 France [3] 172:12; 179:3, 11 free [1] 61:10 French [2] 35:9; 37:2 frequently [3] 133:6; 180:13, 17 front [2] 36:17; 61:20 full [1] 5:16 full-time [5] 7:2; 20:18, 20; 21:2; 28:9 fulsome [1] 147:10 fumes [2] 14:12, 14 function [8] 9:2; 17:17; 29:9; 30:12; 33:10; 73:1; 140:2; 175:22 functioning [1] 15:11 functions [4] 9:18; 12:17; 28:12; 72:1 Fund [4] 146:8, 18; 147:9, 15 fund [1] 54:13 furnished [1] 18:9 -G- gadget [1] 185:4 Galveston [2] 39:9, 15 Gamble [1] 58:10 game [1] 103:22 garments [2] 14:9; 87:20 Garrett [29] 28:15, 20; 30:5, 20; 31:1; 33:11, 17, 18; 71:14; 73:11; 74:4; 75:7; 76:22; 77:5, 8; 78:7, 17; 79:5, 20; 93:3; 95:9; 97:19, 20; 109:22; 111:4; 112:12; 182:12, 15 gaseous [1] 66:21 gases [2] 14:12; 79:4 gave [5] 36:10; 58:11; 140:19; 156:14; 167:13 GE [4] 101:21; 102:2, 3. 5 gear [1] 62:6 gee [1] 22:22 George [1] 11:10 Gerhmann [1] 11:9 German [1] 171:16 Germans [1] 171:17 Germany [4] 45:2; 172:11; 177:5; 179:4 gets [2] 106:5, 8 Gilmore [1] 94:2 Give [2] 179:14, 15 give [7] 19:22; 50:19; 160:14; 166:19; 169:13; 179:13; 184:8 given [9] 25:18; 33:3; 71:5; 89:19; 132:6; 144:4; 152:2; 169:11; 183:11 giving [1] 23:10 glad [3] 70:19; 136:20; 155:7 gloves [1] 14:10 glue [1] 178:19 goal [2] 21:3, 7 God [1] 40:19 goes [5] 67:2; 81:12; 117:6; 121:14; 131:22 good-size [1] 38:6 Goodrich [1] 47:10 Goodyear [1] 47:10 Gosh [2] 60:15; 89:13 government [13] 17:10; 54:14, 22; 92:5; 104:13, 20; 105:4; 106:15; 108:20; 135:8, 18; 140:8, 19 governments [1] 135:18 grade [1] 61:9 gradually [1] 177:7 grams [1] 87:11 Grand [1] 180:15 Grande [1] 37:5 gravel [1] 100:9 great [9] 16:13; 17:8; 30:8; 42:21; 51:18, 20; 79:2; 148:10; 171:15 ground [5] 117:16; 121:3; 165:9, 10; 181:15 grounds [3] 90:4; 93:6; 181:10 Group [16] 112:18, 20, 22; 114:2, 11, 13; 115:15, 16, 17; 116:15, 21; 117:6; 142:4, 8, 10, 12 group [15] 12:6, 8; 17:11; 18:9; 27:17; 49:18; 52:5; 60:6, 9; 62:5; 113:22; 114:2, 4, 11; 115:17 grouping [1] 8:8 groups [1] 135:20 guess [15] 27:15; 28:19; 38:17; 40:6, 8; 51:16; 56:10; 62:4; 72:16, 17; 77:2; 121:9; 168:18; 178:20; 179:12 guessing [1] 72:18 -H- half [2] 46:2; 52:13 half-dozen [1] 89:7 Halley [1] 54:18 hand [2] 62:6; 146:12 handed [2] 48:18; 92:21 handle [2] 13:3; 57:20 handled [14] 22:1, 2; 24:18; 29:10; 30:22; 31:1, 4; 36:6; 73:17; 77:5; 92:7; 151:13; 175:9, 13 handling [11] 21:10; 22:12, 15; 32:15; 34:16, 18; 57:11; 58:1; 77:18; 97:9; 108:7 happening [3] 101:18; 129:8; 180:22 happens [3] 87:2, 5; 106:5 happy [4] 53:7; 61:5, 8; 147:7 Harbor [1] 6:21 hard [3] 49:6; 58:15; 136:16 harm [6] 10:2; 22:2; 23:4; 69:14, 15; 87:4 harmed [1] 21:21 harmful [2] 87:13; 185:5 harming [1] 103:20 hasn't [1] 11:10 hauling [1] 82:15 haven't [2] 156:11; 171:4 hazard [3] 15:13; 93:14 hazardous [11] 10:5, 22; 12:11, 16; 13:4; 14:22; 66:21; 67:9; 69:16; 94:18; 175:12 hazards [4] 21:19; 99:7; 118:13 He'd [1] 153:11 he'd [1] 23:2 head [9] 59:8; 62:3; 79:9; 94:2, 3; 95:14; 125:18, 22; 139:15 headed [1] 124:1 heading [5] 50:2, 5; 58:4; 122:8 Health [1] 8:16 health [29] 21:21, 22; 22:2, 7, 17; 23:16; 24:7; 25:4, 11, 17, 21; 26:21; 27:16, 17; 56:19; 87:14; 118:13; 136:11; 137:15; 138:14; 139:2, 8; 140:22; 141:4; 145:20; 148:21; 175:6; 182:10 hear [11] 13:18; 34:5, 9; 90:3; 126:17; 128:12, 18, 19; 136:16; 155:5; 167:21 heard [2] 52:2; 138:17 hearing [2] 34:6; 76:3 heart [1] 16:6 heat [3] 103:11; 104:11; 105:19 heated [1] 105:22 heating [2] 105:20; 106:2 heats [1] 105:21 heck [l] 55:10 held [2] 73:15; 157:5 hello [1] 61:20 help [3] 52:9; 60:7; 137:8 helped [1] 92:3 helpful [2] 136:17, 19 hepatitis [2] 17:5, 6 hesitating [1] 176:19 hey [1] 65:1 High [1] 37:11 high [4] 37:18; 61:9; 101:7; 149:14 higher [1] 185:12 hired [4] 8:19; 9:16; 18:6; 29:10 hit [5] 36:18; 106:6, 8; 141:6; 181:3 hitting [1] 38:6 holes [1] 38:12 home [1] 5:18 home-free [1] 53:8 hope [1] 159:14 Hospital [3] 8:1; 40:6; 52:22 hospital [6] 39:7, 9, 10, 13, 22; 40:7 hospitals [4] 39:14, 16; 40:3, 4 hot [1] 106:3 Houghton [2] 93:4; 95:16 hour [5] 65:7, 14; 158:4; 170:12, 19 hourly [3] 158:1; 170:9, 13 hours [13] 21:1; 37:11, 17; 38:7, 18; 39:2; 44:17; 160:12; 161:22; 162:6, 12; 163:8 house [1] 24:17 human [3] 46:12; 96:12; 97:5 hundreds [2] 89:1; 150:12 Hunter [1] 94:3 hunters [2] 149:10, 12 hurricanes [2] 180:21; 181:3 hurt [1] 149:16 hydrogen [2] 91:10, 21 hygiene [14] 13:1; 17:11; 18:9, 10; 28:14; 29:6; 60:18; 61:2; 62:5; 66:17, 18; 67:12, 21; 69:11 hygienist [12] 17:18. 19; From factories to hygienist WATER PCB-SD0000062559 Basic Systems Applications_____ Depo of: R. EMMET KELLY Monsanto y Aetna February 2, 1993 CR: 54277.0 Concordance by Look-Seel31) Look-See Concordance Report 9; 177:8; 178:12, 13, 20; 180:2 5:02 [2] 186:7, 9I UNIQUE WORDS: 2,503 TOTAL OCCURANCES: 10,675 NOISE WORDS: 385 TOTAL WORDS IN FILE: 30,360 SINGLE FILE CONCORDANCE CASE SENSITIVE INCLUDES ALL TEXT OCCURRENCES IGNORES PURE NUMBERS -6- 60s [2] 20:11; 83:8 -7- 70s [5] 20:11; 77:3; 83:8; 153:4; 172:17 -8- 8/24/70 [1] 3:20 8/3/62 [1] 3:7 80s [1] 153:4 88C-JA-118-1-CV [2] 1:8; 4:5 8th [1] 93:5 -A- WORD RANGES @ BOTTOM OF PAGE $150 [1] 170:12 $200 [2] 158:4; 170:19 $3 [1] 140:15 $35 [1] 170:4 $50,000 [1] 40:7 $500,000 [1] 40:5 -1- 10:30 [1] 186:10 10:43 [2] 1:19; 4:9 11:22 [1] 29:21 11:24 [1] 30:2 11:54 [1] 48:14 12/8/58 [1] 3:8 12:24 [2] 65:19, 20 16th [1] 51:10 17th [1] 51:10 1930s [2] 99:13; 153:4 1950s [6] 68:22; 69:8; 73:5; 80:13; 82:6; 130:9 1960s [2] 82:21; 153:4 1970s [2] 83:11, 12 1:24 [1] 65:21 1:34 [2] 66:1, 7 1:58 [1] 85:3 1st [11] 7:6; 110:7; 111:20; 118:5; 121:18; 124:21; 125:5; 126:9; 127:12; 162:6, 7 -2 - 25th [2] 161:15, 16 2:03 [1] 85:8 2:15 [1] 92:14 2:17 [1] 92:17 -3 - 3/1/71 [1] 3:12 30s [6] 132:4; 133:9; 134:1, 2; 136:1; 172:1 3:15 [1] 129:19 3:34 [1] 129:22 3rd [I] 49:3 -4- 40s [3] 83:8; 132:4; 136:2 4:11 [1] 154:11 4:23 [1] 154:15 4:25 [1] 154:19 50s [9] 28:2; 42:18; 83:8, a.m. [4] 1:19; 4:9; 30:2; 186:10 abate [1] 150:15 abatement [1] 150:10 able [5J 9:20; 53:13; 83:7; 143:5, 7 academic [2] 11:22; 12:6 acceptable [2] 42:13; 142:22 accepted [3] 132:10; 138:22; 185:13 access [8] 54:7; 61:12, 18; 76:3, 4, 7, 9, 13 accident [7] 27:16; i 140:16; 141:2, 4, 5; ' 144:6; 182:10 ! accidents [4] 140:4, 9, l 13 accomplish [1] 13:14 accomplished [1] 148:13 ; according [2] 61:16; I 85:15 j accounts [1] 153:11 ' accurate [5] 23:9; 114:19; ' 151:13; 156:14; 169:14 j Ace-Federal [2] 4:11, 14 I Acetylene [1] 3:9 j acetylene [17] 89:12; I 92:6, 20; 93:11, 16; ! 94:12; 95:11, 21; 96:3, ; 13, 21; 97:9, 14, 22; 98:5, 11, 22 acid [4] 69:21; 164:16; 165:1, 19 acknowledged [1] 88:19 acquired [3] 177:10, 14; 178:17 act [1] 40:19 acted [1] 7:17 acting [1] 148:8 Action [1] 1:7 action [7] 4:5; 91:14; 122:4; 148:2, 4; 150:21; 151:4 actions [2] 146:7; 151:7 active [2] 27:8; 60:6 activities [4] 30:10; 32:18; 121:18; 182:13 actual [2] 17:16; 67:5 actuarial [1] 50:18 acute [10] 86:15, 21, 22; 87:5; 89:4; 90:12; 91:15, 16, 20 adamant [2] 52:16; 135:20 add [2] 40:17; 166:21 added [4] 27:21, 22; I 28:1, 4 adding [1] 27:19 addition [1] 158:8 additional [3] 137:19; 139:8; 178:14 additions [1] 139:2 address [2] 5:18 addressed [2] 93:7; 148:14 adequate [8] 31:13; 32:15; 36:1; 86:10; 88:22; 92:8; 106:13; 113:16 adjourned [1] 186:10 administrative [1] 29:9 administrator [1] 54:19 adopted [2] 98:9, 21 advanced [1] 36:10 adverse [1] 64:3 AETNA [1] 1:9 Aetna [2] 4:4; 160:19 affected [2] 136:11; 148:19 afraid [1] 141:18 aftermath [1] 55:5 AFTERNOON [1] 66:1 afternoon [2] 154:22; 155:1 afterwards [3] 37:21; 46:2; 100:19 age [2] 7:9, 10 agencies [3] 108:20; L53:7, 12 agree [6] 61:6; 113:4, 6; 115:22; 117:10; 142:16 agreeable [1] 57:16 agreed [6] 58:19; 61:6; 64:2, 4; 171:20; 186:2 agreement [1] 116:10 ahold [1] 23:3 Air [1] 31:17 air [25] 14:17; 17:15, 16, 21, 22; 18:3; 29:6; 31:1; 33:16; 44:1, 10, 16; 66:21; 67:4, 5, 6, 8; 72:9; 79:3, 4; 130:4; 164:13; 185:6, 11, 12 air-conditioned [2] 45:18, 19 al [3] 1:10; 4:4, 8 Alabama [3] 63:8; 143:21; 145:5 alcoholic [1] 17:4 algae [3] 100:21, 22; 101:2 allege [1] 107:21 Alleged [1] 165:4 alleged [1] 24:17 allegedly [1] 165:9 alleging [1] 165:8 allow [2] 79:22; 80:1 allowable [1] 17:12 allowed [1] 56:14 aloud [1] 58:15 alpha-naphthylamine [1] 46:4 altitude [1] 138:12 American [2] 8:16 Ames [1] 63:7 ammonium [3] 35:9; 37:5, 7 amount [14] 10:12; 41:21; 72:8; 80:19, 20; 87:19; 88:10; 89:14; 99:21; 104:2; 135:10; 140:4; 171:16, 18 amounts [3] 83:18, 19; . 175:5 | analogy [1] 92:3 I analysis [4] 17:17; 29:7; ; 67:4, 5 | analytical [3] 83:4, 9, 16 j analyze [1] 17:21 ! analyzed [1] 47:7 analyzing [1] 44:8 ANDREA [1] 2:22 Andrea [1] 5:8 anecdotal [1] 129:5 animal [3] 46:11; 96:12; 98:3 animals [1] 100:16 Anniston [9] 142:4; 143:21; 145:5, 6, 9, 12, 15; 173:2 Anniston-related [1] 142:7 answer [9] 34:6, 11; 72:17; 82:3; 90:7; 92:10; 183:6, 9; 184:2 answered [4] 22:18; 23:21; 134:1; 139:12 answering [2] 23:19; 151:11 answers [2] 23:12; 102:11 anticipate [1] 96:8 Antioxidant [1] 42:4 antioxidant [4] 41:5; 42:2, 3; 43:2 anybody [11] 43:8; 52:6; 54:21; 64:20; 69:15; 91:12; 107:3; 109:21; 147:6; 159:18 anymore [1] 135:11 anyway [1] 39:12 apart [1] 163:10 apologize [2] 49:6; 143:4 apparatus [3] 13:12; 14:3; 103:9 appear [1] 142:3 APPEARANCES [1] 2:1 appears [2] 50:2; 58:16 appointed [1] 15:10 appreciate [1] 64:15 appropriate [2] 113:1; 114:11 appropriateness [3] 86:7; 88:14; 89:22 appropriation [1] 32:13 approval [1] 75:14 approved [8] 79:12; 80:4; 84:1, 3, 4; 88:20; 139:4 approving [3] 75:20; 80:7; 84:11 approximately [14] 4:9; 19:20; 29:21; 30:2; 66:7; 85:3, 8; 92:17; 129:19, 22; 154:11, 15, 19; 186:7 aprons [1] 14:9 aquatic [2] 131:18; 134:20 area [8] 43:21; 68:21; 80:12; 84:19; 89:2, 9; 181:3; 182:4 areas [6] 10:16; 15:11; 19:6; 54:8; 105:19; 118:19 aren't [2] 44:17; 69:16 argument [1] 45:5 arise [1] 34:21 Arkansas [l] 175:18 armed [1] 18:7 Army [5] 28:14; 39:13; 175:20, 22; 177:13 arranged [1] 20:15 arrived [1] 118:7 arrow [2] 32:11; 130:11 Arsenal [2] 175:18; 176:11 article [3] 98:1, 4, 6 i I articles [1] 55:2 ascertain [1] 66:20 ascertained [1] 37:13 Aside [1] 40:22 aside [1] 180:18 asking [5] 23:4; 34:7: 47:18; 133:22: 139:1 aspect [3] 22:2; 31:1: 61:2 aspects [3] 21:22; 22:7. 17 assembling [1] 65:11 asserted [1] 107:20 assigned [2] 9:2, 16 assume [2] 70:7; 96:6 asthma [1] 58:11 atmosphere [1] 13:2 attack [2] 16:2, 11 attempts [1] 66:20 attend [2] 74:18; 75:9 attendance [1] 50:5 attended [1] 75:9 attention [7] 31:13; 79:9: 118:14; 121:19; 122:7; 168:6, 21 attitude [6] 25:4, 10; 26:20; 69:9; 137:22; 148:1 attitudes [1] 75:14 attorneys [2] 5:7; 155:3 attributed [3] 16:10, 18. 20 August [2] 49:3; 146:20 Austin [1] 153:11 authored [1] 93:7 authority [3] 23:14; 71:6; 80:6 authorized [2] 15:15; 84:5 auto [2] 127:2; 128:20 automobiles [1] 69:21 avoid [1] 90:19 award [3] 144:2, 4, 15 awards [1] 140:16 aware [1] 135:8 awful [4] 11:17; 98:2; 101:17; 102:12* 13 -B- B.L. [1] 95:12 B2 [1] 11:3 bachelor [1] 7:20 Bacteria [1] 81:6 BAKER [1] 1:19 Baker [1] 4:11 banned [1] 105:4 baseball [1] 104:18 Based [1] 111:19 based [8] 64:9; 92:2; 115:13; 116:13, 20; 123:13; 127:9; 133:12 basis [8] 77:19; 112:17: 128:16; 142:7. 14. 19; 157:18; 171:11 batch [4] 43:14; 86:20; 102:18 Bates [7] 3:14, 16. 18: 141:13, 20, 21. 22 Bayou [1] 178:19 bears [1] 81:7 Beaumont [1] 84:20 becoming [1] 147:1 beds [1] 39:12 beg [5] 20:3; 30:17; 74:1; 144:12; 164:20 behalf [7] 1:21; 2:4, 6, 9, 13, 19; 169:11 behest [1] 60:16 Belgium [1] 179:12 belief [12] 82:7, 21; 126:10; 127:8: 128:2; 131:9; 132:7; 133:12; 134:10, 15, 17; 136:2 beUefs [2] 80:13; 83:12 believe [14] 17:20; 49:7; From $150 to believe WATER PCB-SD0000062560 -__iiMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 Concordance by Look-See(32) 3ti0: ---- 89:3; ,, 1:1. 4, -- 98:14, -- 10:2. - ->: __..i4: i6J, -.1. 10, 15, --.1:18; .l--i 130:1, 12 -- }:4. 6, 14, - 140:6; _3. 15, 146:4, -- *9: _.52:3, 19:8. --^ 3:3; .. 11; 12 aril: ^ 57:6 0:4; 17 "'1:16 __ 14: --j:19; .1:6 ! I | 11:4, j -: -16:1, | --.n: I _ .28:11 I 70:7 , Catholic [2] 39:10; 40:7 Calls [15] 25:12; 82:10: I caught [3] 62:6; 133:6; 83:14; 84:16; 87:17; I 135:15 126:14; 128:7; 131:13, 20; | caused [3] 47:13; 148:3; 133:3, 15; 134:13; 151:1; j 165:2 152:12; 153:22 i center [4] 59:3, 10, 11, calls [2] 23:3; 80:18 i 21 cameras [1] 155:19 i central [3] 28:5; 72:2; Cameron [1] 147:11 95:14 Camp [2] 37:5; 180:15 I centrifuge [3] 14:19, 21; Canada [5] 20:7; 172:7; 19:1 178:9; 179:2; 180:4 centrifuged [1] 19:3 Cancer [2] 8:15 CEO [3] 27:3; 36:4; 40:11 cancer [7] 43:8, 17; certification [1] 58:20 46:11, 18, 19; 52:1, 6 certified [2] 8:6, 7 cancers [3] 47:5, 12, 15 cervical [1] 51:19 capable [2] 83:18; 148:8 cetera [1] 48:8 capacitors [1] 99:17 chain [1] 103:22 capital [9] 136:11; chairman [1] 27:3 137:16; 138:2, 14, 17, 19; change [7] 14:16; 46:19; 139:2, 9; 153:13 82:21; 147:8; 153:2; caption [1] 63:17 154:9; 156:10 Carbide [1] 95:1 changed [6] 83:3, 12; carbon [4] 92:3; 96:16; 99:2; 102:19; 109:11; 104:9; 105:10 135:17 carbonees [1] 93:19 changes [5] 12:22; 14:19; carbonless [1] 104:9 18:13, 15; 170:13 carcinogen [10] 41:11, changing [1] 121:21 14; 45:1; 46:9, 10, 15; Chapman [7] 3:12; 56:15; 92:6; 94:20; 95:2 ! 110:6; 111:9; 125:19, 21; carcinogenesis [2] 96:12; ! 126:22; 128:18 98:2 I character [1] 68:17 carcinogenic [4] 46:21; - Characterization [1] 3:9 96:11, 17, 20 characterization [1] carcinogens [1] 98:7 93:11 carcinoma [3] 51:19, 21 charge [4] 54:19; 72:14, care [8] 6:13; 36:1; 69:16; 21; 158:1 101:12; 127:1, 3; 128:22; check [5] 16:8; 24:20; 129:9 47:14; 48:12; 52:12 career [5] 6:3; 8:11; 35:3; checking [2] 42:22; 52:11 41:1; 152:6 Chemical [4] 99:12, 14, careful [1] 104:4 18; 145:4 carefully [1] 175:13 chemical [28] 9:10; Carl [1] 28:22 10:13, 14; 16:7; 17:4, 6; Carondelet [2] 173:10, 19:14; 42:9; 52:2; 89:1, 20 14; 98:2, 7; 121:7, 9, 13, carrier [8] 27:12, 13; 15, 20; 123:16; 132:18; 106:20; 126:16; 127:2, 3, I 145:3; 165:3; 176:2, 7, 8, 7, 19 I 11; 181:8; 185:7 carriers [10] 24:19; 60:5; chemicals [16] 12:11; 108:14; 109:11, 18; 126:2; 13:4; 34:17; 90:11, 16; 127:10, 14; 129:1; 140:17 91:8; 174:20; 175:1, 5, 9, carry [2] 47:16, 17 12; 182:17, 20; 183:7, 14; carrying [2] 33:10; ! 184:4 150:15 chemist [1] 121:9 cars [1] 104:15 chemistry [1] 85:13 CASE [1] 1:10 ; chemists [3] 181:20; case [33] 42:20; 46:13; 182:1, 2 63:7; 81:11; 91:2; 113:22; I chew [1] 81:6 144:7; 152:16; 153:5; | chief [3] 26:15, 17; 28:15 155:11; 159:4, 21; 160:7, { children [1] 181:7 15, 16, 17; 162:15, 22; i chime [1] 90:22 163:2, 20; 164:11, 15; | chiming [1] 136:15 165:2, 5, 7, 14, 15. 17, i chloracne [4] 99:19; 19; 167:13; 170:2, 5 102:17, 18; 103:3 cases [26] 14:16; 24:17; chloride [4] 87:22; 88:15; 42:19; 43:15, 16: 50:17, 89:5; 124:1 19; 51:1; 53:22; 57:21; I chlorinated [1] 145:15 63:7, 8, 18; 157:16; ! Chocolate [1] 178:19 164:1, 5. 7; 165:11; ! Chronic [1] 87:5 166:1, 3, 4, 11; 169:2, I chronic [4] 86:18; 90:12; 20; 170:1, 6 ! 91:7, 13 cassette [3] 85:2; 154:14, i Chuck [3] 61:19; 62:2; 18 l 64:14 CASTLE [1] 1:3 I Circle [1] 2:12 Castle [1] 4:7 i circulate [2] 103:12, 13 CASUALTY [1] 1:9 circulated [2] 143:19; Casualty [1] 4:4 j 147:6 casualty [1] 126:6 j circulating [1] 103:11 catalysts [1] 77:15 | circumstances [2] 22:6; 147:4 citizen [2] 149:9, 18 City [51] 3:11; 8:1; 28:17; 30:9, 10; 33:18; 34:12; 35:10, 16, 17, 18; 38:19; 39:8; 40:13, 22; 76:18, 21; 77:10, 13; 78:9, 15, 22; 79:6, 8; 83:22; 84:20; 85:17, 20; 88:5; 89:8; 93:20, 21; 94:7; 95:8; 97:15; 98:11. 22; 104:15; 114:12; 124:6; 149:11, 12; 153:5; 177:14; 180:12, 15, 19; 182:5, 16, 18 city [1] 135:15 Civil [1] 1:7 civil [1] 4:5 civilian [2] 176:2, 6 claimants [1] 107:21 claims [10] 27:17; 36:9; 107:20; 108:8, 12, 17; 127:16; 128:4, 17, 21 clarification [2] 120:20; 133:22 clarify [2] 114:15; 167:19 clay [4] 79:21; 80:2, 15; 84:21 clean [1] 43:21 cleaning [2] 18:22; 96:22 cleanup [1] 148:4 clear [4] 72:5: 90:20; 114:10; 117:4 clearance [1] 76:11 cleared [1] 100:1 Cleveland [2] 133:5; 135:15 clinical [1] 51:18 closed [10] 104:6, 11; 105:13, 16, 19; 106:4, 11. 14; 107:9 clothes [2] 45:21 clothing [3] 12:20; 13:12; 184:17 coal [2] 100:8; 101:15 Coast [1] 178:18 collected [3] 40:5, 7; 140:19 collecting [1] 14:12 collection [1] 14:14 Columbia [7] 1:20; 72:11; 127:5; 128:21; 129:8; 171:21; 173:21 combined [2] 7:20; 111:1 comfortable [1] 29:16 coming [3] 14:7; 51:9; 147:10 comment [1] 122:4 commenting [1] 113:2 Commerce [1] 2:16 commercial [3] 11:22; 77:17; 96:7 commission [2] 12:3; 80:5 committee [14] 9:4, 5; 31:7; 32:15, 17; 72:16, 17, 19; 73:14; 74:12, 14; 130:9; 136:10; 137:15 common [3] 56:11; 131:2; 134:17 communicated [1] 25:17 communication [1] 21:14 community [1] 24:8 companies [11] 9:9; 45:15; 47:6; 107:9, 17; 112:2, 4, 6, 8; 140:8 companion [2] 56:12, 13 COMPANY [2] 1:5, 9 Company [22] 2:4, 5, 6, 9, 19; 4:3, 4; 5:2, 7, 11; WATER PCB-SD0000062561 Basic Systems Applications Depo of: R. EMMET KELLY Monsanto v Aetna February 2. 1993 CR; 54277.0 Concordance by Look-See(331 6:4, 7; 8:19; 74:19; 93:5; 99:13, 14, 18; 110:7; 120:14; 145:4; 155:3 company [38] 6:19; 9:4, 6. 9, 15, 17; 11:7; 17:8; 26:1; 27:5, 8, 12; 45:18; 49:12; 99:20; 112:10; 125:20; 137:21; 138:12, 15, 16, 22; 140:12, 14; 143:20; 144:5, 11, 13; 145:4; 148:7; 150:10, 13, 14; 157:9; 158:9; 171:14, 18; 176:18 comparable [1] 45:15 compensation [4] 27:15; 49:13; 54:15, 17 compensations [1] 36:14 complaint [2] 68:13; 75:14 complaints [7] 68:8, 17; 76:2, 7, 9, 14; 128:19 complete [1] 168:1 complex [2] 81:7; 91:19 compliance [3] 152:8; 153:18, 20 composition [1] 86:20 compound [10] 10:12; 14:22; 21:21; 45:1; 86:16; 87:10; 91:10; 103:8; 123:12; 164:17 compounds [5] 85:14; 89:11, 20; 122:21; 123:6 compressor [1] 164:14 Conceivably [1] 87:10 concentrated [1] 101:6 concentrates [1] 101:4 concentrating [1] 52:5 concentration [2] 101:1, 7 concentrations [1] 17:12 concern [5] 33:4; 97:5; 101:17; 149:14; 150:9 concerned [14] 30:14; 53:1; 73:10; 76:8; 91:12; 92:1; 102:7; 103:21; 117:16; 119:1; 140:12; 147:20; 149:17 concerning [12] 22:16; 96:5; 97:22; 99:7; 118:4: 121:21, 22; 123:5; 131:10; 138:13; 147:21; 153:17 concerns [2] 149:18; 150:11 conclusion [2] 44:11; 86:5 conclusions [1] 95:19 condition [2] 67:9; 141:4 conditions [3] 6:13; 66:21; 140:10 conduct [1] 108:21 conducting [2] 18:3; 121:14 conduit [1] 131:7 confidentiality [1] 76:11 confusing [2] 42:19; 76:6 connected [2] 108:12; 139:8 connection [7] 66:14; 138:14; 147:7; 159:21; 160:7; 162:22; 163:20 CONNELL [140] 4:22; 5:5; 13:7, 15, 19; 15:8; 21:6; 24:10; 25:7, 12, 19; 29:17, 19; 31:22; 33:20; 34:4, 7; 36:21; 37:3; 39:19; 48:11; 49:15; 55:18; 57:1, 12; 59:13, 18; 63:11; 65:5, 8; 69:1. 12; 70:9, 16; 71:4, 11; 72:4; 75:17; 77:21; 78:5, 10,19; 79:14, 18; 80:16; 81:5, 14, 22; 82:9. 22; 83:13; 84:7, 14; 86:9; 87:16; 88:8, 16; 90:1, 4, 13; 91:2; 92:9; 98:13; 101:20; 106:21; 107:11; 108:1, 9, 22; 109:9; 110:8, 12, 21; 111:13; 112:3; 113:15; 115:22; 116:4, 9, 19; 117:11, 17, 21; 119:6, 13, 20; 120:5; 121:1; 123:1; 124:13; 125:1, 9, 14; 126:13; 128:6; 129:4, 17; 130:12; 131:4, 12, 19; 132:8; 133:2, 14, 20; 134:12, 16; 135:3; 136:4, 13, 20; 137:9; 138:4, 7; 139:12, 22; 141:16; 146:1, 9; 148:22; 149:6; 150:1, 22; 151:8, 21; 152:11, 18; 153:21; 154:5, 8, 21; 159:10, 15, 19; 167:8; 168:2, 3, 20; 186:1, 6 Connors [1] 63:7 connotations [1] 10:10 consensus [1] 92:4 conservation [1] 135:20 considerable [2] 64:6; 92:2 considerably [1] 32:10 consideration [1] 73:20 considered [5] 80:8; 138:22; 141:2, 3; 147:10 consistent [2] 84:12, 17 constituents [1] 185:5 construction [2] 31:11, 21 consult [2] 106:19; 125:5 consultant [1] 52:22 consultants [2] 16:22; 17:8 consultation [1] 56:20 consultations [3] 94:11, 15; 95:20 consulted [3] 106:22; 107:9, 15 consulting [5] 12:8; 157:12, 15, 20; 158:8 contact [3] 10:14; 74:5; 97:5 contacted [1] 120:2 contained [1] 98:11 containing [1] 123:13 contaminant [3] 67:8; 70:2; 130:20 contaminants [2] 185:11, 12 contamination [4] 72:9; 106:8, 9; 119:3 continue [15] 7:4; 33:12; 64:5; 104:14, 20; 106:16; 107:8; 113:19; 118:22; 148:3; 157:20; 178:14; 179:20; 180:4; 181:16 Continued [1] 66:10 continued [3] 1:22; 97:14; 105:14 continuing [15] 13:16; 50:22; 106:10; 110:10; 116:1, 7, 10, 22; 121:3; 124:22; 135:21; 136:22; 137:9; 138:7; 142:19 contrary [2] 45:3; 64:3 control [5] 72:22; 74:16; 80:5; 150:6; 172:15 controlling [2] 185:17, 20 controls [1] 33:5 conversations [2] 127:18; 148:7 convey [2] 130:17; 149:21 conveyed [l] 150:20 conveying [1] 72:20 conveyor [1] 19:15 coolant [1] 103:8 cooperation [2] 12:18; 58:20 copied [2] 93:8; 148:15 copies [1] 143:5 copy [2] 49:6; 95:9 corporate [2] 7:3; 111:10 Corporatewide [2] 30:16, 18 corporation [1] 9:1 correlate [1] 9:18 corresponded [1] 51:16 correspondence [2] 61:17; 177:3 corrosive [1] 118:21 cost [4] 137:19; 138:3, 15; 139:8 costly [1] 139:1 costs [3] 50:3, 7; 182:10 Council [1] 140:17 counsel [6] 4:20; 5:11; 66:8; 159:5; 160:22; 162:18 countries [2] 172:9; 179:1 country [3] 56:14; 96:15; 181:13 COUNTY [1] 1:3 County [1] 4:7 couple [11] 19:22; 20:7; 35:7; 42:19; 45:2; 55:9; 60:17; 73:5; 108:3; 163:8; 179:15 course [18] 27:10; 35:1, 2, 3; 40:4; 44:16; 46:20; 50:16; 56:17; 62:10; 68:4; 76:1; 106:9; 121:17; 129:3; 139:17; 143:13; 156:1 courses [1] 8:2 COURT [1] 1:1 Court [1] 4:6 court [5] 4:10; 155:17; 166:13, 18; 169:20 coverage [6] 36:14; 49:14; 125:7; 127:15; 128:1; 129:14 coveralls [1] 14:9 covered [8] 126:12, 16; 127:6; 128:5, 9, 13, 14, 15 covering [1] 54:12 cows [1] 24:20 create [1] 64:6 created [1] 64:5 criterion [1] 140:4 criticism [2] 68:13; 75:14 criticisms [2] 68:9; 75:19 crude [2] 43:18, 20 customer [1] 22:4 customers [16] 9:21; 21:9, 11, 16; 22:10; 23:5, 6; 25:22; 26:5; 35:5; 47:8; 56:5; 100:5; 102:15; 104:3; 184:8 cut [1] 104:1 cuts [1] 137:4 cyanide [5] 89:11; 91:10, 14, 18, 22 cyanides [1] 91:14 cystoscopic [3] 43:5; 52:12; 53:7 cystoscopies [4] 51:4, 8; 52:15, 17 -D- D.C. [2] 4:9, 12 damage [5] 24:17; 127:16; 128:4; 136:3; 175:6 damaged [1] 107:21 damages [1] 126:11 dangerous [1] 10:21 data [2] 22:15; 24:3 date [2] 4:10; 146:20 dated [2] 93:5; 110:7 dates [1] 143:11 Dave [1] 162:16 DAVID [1] 2:4 David [1] 5:10 day [13] 18:1; 44:17; 65:21; 73:18, 22; 74:2; 87:6; 91:16; 155:19; 167:19; 168:1; 170:4; 185:13 day-to-day [2] 32:18; 72:7 days [13] 13:13; 20:8, 10; 23:22; 29:11; 43:18; 60:20 ; 67:15; 133:7, 8; 159:22; 160:2; 162:5 deal [11] 13:3, 18; 16:14; 17:8; 30:8; 42:22: 51:18, 20; 72:19; 79:2; 127:13 dealing [4] 12:13; 35:20; 73:8; 74:10 dealings [7] 21:15; 22:9; 62:10; 64:14; 75:15; 92:19; 121:17 dealt [5] 14:3; 22:11, 12; 62:8; 153:14 death [1] 27:17 December [2] 7:6; 93:5 decided [6] 44:21; 45:11; 55:6; 103:19; 104:1, 5 decision [4] 56:5, 19; 96:10; 107:7 decisionmaking [1] 56:17 decisions [2] 78:8; 148:19 decline [1] 55:14 deem [1] 117:1 Defendants [9] 1:11; 4:5; 112:19; 113:8; 114:10; 115:20; 117:5, 7 Defense [4] 146:8, 18; 147:9, 15 definite [2] 52:14; 94:17 definitely [1] 52:14 definition [1] 121:12 degradation [4] 80:20; 81:4, 20; 148:2 degree [2] 7:20, 21 DELAWARE [1] 1:2 Delaware [1] 4:6 Department [2] 2:5; 95:10 department [68] 7:3; 10:20; 12:12, 19; 13:13; 14:3, 15; 16:19; 18:14; 21:15, 22; 22:9, 18; 23:7, 13, 15; 24:6, 19; 27:11, 21; 28:6, 16; 31:7; 32:14; 33:2; 43:12; 44:3; 54:16, 17; 70:6, 14, 21; 72:2; 73:10, 15; 76:20; 77:20; 79:10, 13; 86:6; 88:13; 89:21; 90:8; 93:4; 94:2, 3, 12; 95:15; 98:9, 20; 111:11; 125:6. 18; 126:1; 130:5, 8; 136:9; 137:14: 138:1, 13; 140:2; 146:19; 161:8, 11; 162:19; 181:7; 182:6 departments [4] 54:1; 58:22; 135:19; 150:9 depended [1] 118:10 depends [6] 14:6; 23:20; 71:16; 130:18; 131:21; 170:10 deponent [1] 4:15 deposed [1] 113:10 DEPOSITION [2] 1:13; 3:6 Deposition [3] 1:16; 110:3; 146:13 deposition [45] 1:17; 3:22; 4:2; 48:4, 7, 10; 65:20; 76:17; 85:2. 7; 112:18; 113:1, 6; 116:1; 117:5, 6, 14; 142:11, 12; 154:18; 155:4, 11, 13; 156:1, 6; 160:3, 5, 13; 162:2, 5; 163:16, 19; 165:14; 166:6, 16; 167:10, 13. 16, 20; 168:1, 5; 170:16; 171:3; 186:9 depositions [11] 48:3; 113:9, 17; 114:7; 117:3: 166:9; 169:5, 8, 11. 20; 170:11 depth [1] 118:9 Dermatitis [1] 140:11 dermatitis [2] 140:11; 141:1 describe [16] 6:6; 7:19; 10:19; 12:11; 13:11; 14:2; 15:5; 21:14; 27:20; 30:4; 32:4; 46:9; 50:1; 99:10; 143:16; 147:4 described [5] 9:2; 24:4; 33:11; 49:12; 56:18 describing [2] 55:2; 150:14 description [1] 105:5 designated [2] 117:13, 20 designation [1] 117:18 designed [3] 184:20; 185:14, 16 destruction [1] 63:8 detail [1] 78:11 details [5] 57:4; 68:11; 93:18; 156:12; 160:15 detectable [1] 103:4 detection [1] 57:20 detergent [3] 58:8, 10, 11 deteriorating [1] 42:6 determinations [3] 10:21; 39:17; 46:21 determine [5] 16:17, 19; 93:13; 96:4; 117:12 determined [2] 41:14; 171:12 Detroit [1] 22:20 develop [1] 52:1 developed [9] 9:20; 42:20; 43:3, 22; 44:1, 5, 7; 52:19; 53:1 developing [1] 91:13 development [1] 147:21 devices [2] 12:21; 185:1 diabetes [1] 16:6 dialogue [1] 20:17 Dick [4] 5:5; 13:17; 34:5: 155:2 died [2] 27:6, 8 dielectric [2] 99:16; 103:7 difference [2] 113:20; 114:9 From company to difference WATER PCB-SD0000062562 Basic Systems Applications Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 Concordance by Look-See(34) differentials [1] 115:17 differentiate [2] 42:15; 61:7 difficult [3] 63:16; 119:4; 143:4 diluted [1] 134:18 Dilution [2] 132:13, 14 dilution [6] 131:14; 132:10; 133:12, 17; 134:11; 135:11 (liphenvl [3] 99:22; 145:12, 13 direct [7] 20:13; 118:14; 122:6; 125:22; 131:2; 168:6, 21 directed [2] 21:4; 24:12 directive [1] 73:13 directives [3] 72:20; 73:2, 6 director [58] 6:4, 19; 7:2; 8:20; 9:1, 9, 16; 10:20; 11:7, 9; 12:13; 15:4, 10, 11, 17, 22; 16:1; 19:8, 19; 20:12; 25:2, 18; 34:15. 20; 41:1; 60:14; 74:18; 75:16; 76:2; 120:2; 124:8, 12; 125:4, 19; 129:3; 134:7, 9; 139:19; 143:13; 145:18; 146:18; 147:14; 148:11, 17; 150:19; 151:16; 152:4, 6, 17; 153:19; 156:16, 21; 157:8; 176:15, 17; 177:6; 179:21; 183:6 directors [3] 9:6, 10; 47:9 disability [1] 27:18 disabling [2] 144:6, 17 disagree [1] 113:12 disagreed [1] 171:20 disagreement [4] 113:11, 13; 117:2, 8 disapproval [1] 75:14 disapproved [1] 84:1 disaster [2] 38:8; 40:13 disastrous [1] 104:16 discarded [1] 119:3 discharges [1] 69:16 disclosure [1] 46:22 discouraged [2] 139:1, 3 discover [1] 51:1 discovered [1] 42:14 discovery [8] 48:10; 113:6, 16; 114:1, 6, 17; 115:17; 142:11 discussed [6] 16:15; 22:14, 15; 74:20; 122:22; 123:7 Discussion [5] 29:22; 48:15; 85:4; 92:15; 154:16 discussions [9] 93:15; 97:7; 108:6; 110:15; 125:13, 16; 127:9, 22; 164:1 disease [1] 16:6 dispensary [2] 126:18; 138:21 disposal [46] 30:11, 15; 31:14, 15, 16, 18, 19; 33:4, 7; 72:7; 76:16, 18, 21; 77:9; 78:8, 15, 22; 79:6, 7; 80:7, 9; 84:2, 11; 86:7, 11; 92:7; 98:10, 22; 99:3; 118:21; 119:2, 18; 120:4; 121:22; 130:20; 131:15; 132:11; 133:1, 7, 10, 18; 151:5, 17; 153:3, 6; 185:21 disposed [7] 85:20, 22; 88:7; 89:9, 12, 13, 18 disposing [7] 83:21; 88:15, 19, 22; 89:22; 90:10; 104:4 dissipate [1] 103:11 distances [1] 51:3 distinction [1] 114:3 distinguish [1] 48:5 District [1] 1:20 disturbed [1] 101:9 divided [1] 182:5 division [5] 33:12, 15, 16; 72:1; 77:4 divisions [1] 72:22 dock [5] 35:10, 13; 37:20; 40:18; 149:12 docked [1] 40:21 doctor [7] 5:21; 20:20; 21:2; 24:2; 157:3, 8; 171:5 doctors [3] 20:18, 21, 22 Document [1] 3:8 document [39] 3:14, 16, 18; 48:20 ; 92:22; 93:3, 7, 10, 19; 95:4, 6; 96:1; 97:11; 110:9, 11; 111:14; 114:5, 6, 7; 115:8, 14; 116:3, 8, 11; 117:12; 118:15, 19; 119:7; 120:9; 121:2, 4; 141:19, 21. 22; 143:9, 12; 146:14, 16; 148:14 documentation [1] 72:8 documented [1] 17:16 documents [6] 142:3, 7, 14, 20; 143:14; 144:3 doesn't [3] 22:19; 52:4; 120:18 dollar [2] 138:20, 21 dollars [2] 36:11; 150:13 Donnenfeld [4] 1:18; 2:2; 4:8; 5:1 door [2] 36:17; 61:20 dose [1] 46:11 Dow [1] 94:22 dozens [1] 89:1 Dr [60] 5:14, 20; 7:18; 11:9; 30:4; 48:18; 64:14, 15; 66:12; 76:18; 85:11; 92:19; 99:4; 109:6; 110:15; 118:3; 122:5; 130:2; 143:2; 145:18; 148:11, 17; 154:22; 155:10; 156:16; 157:11, 21; 158:6, 11; 159:21; 161:14; 162:13; 163:3, 19; 164:12, 15; 165:5; 166:14, 17; 167:4, 9, 11; 168:4, 22; 169:10, 15; 170:1; 171:5, 12; 172:13, 19; 174:18; 176:18; 177:11; 179:1; 180:18; 181:17; 183:16; 184:14; 186:1 drains [1] 150:8 draw [2] 44:11; 67:6 drum [2] 165:9, 10 du [1] 11:8 due [3] 23:4; 43:16; 96:11 dulv [2] 4:18; 66:4 dump [1] 151:11 dumped [2] 81:3; 130:22 dumping [1] 82:15 dumpsters [1] 87:3 dust [3] 19:15; 67:1. 7 duties [8] 6:12; 9:2, 16; 25:1; 30:5; 70:7; 130:3; 137:13 -E- eagle [2] 101:7, 11 eagles [1] 103:21 early [12] 20:8; 42:18; 43:18; 67:15; 68:22; 69:8; 98:15; 99:13; 109:11; 130:9; 131:15; 178:20 earthquake [1] 36:16 easily [3] 143:7, 8; 164:2 East [6] 41:21; 145:9, 10. 13; 173:2, 3 eat [2] 100:21, 22 eats [2] 101:4, 5 Eckert [1] 93:22 economic [1] 148:9 ecosystem [2] 100:11, 17 EDF [1] 147:18 Edgar [3] 26:15; 36:2; 40:2 Edgewood [2] 175:18; 176:11 education [1] 7:19 effect [5] 101:9; 131:17; 134:11; 138:2, 15 effective [3] 53:4, 6; 135:11 effects [4] 10:11; 24:5; 87:14; 131:10 effluent [3] 30:9; 131:18; 136:3 effluents [5] 73:16; 131:3, 11; 132:16; 134:11 effort [1] 16:17 eggs [2] 101:10, 12 eight [2] 87:7; 179:12 eight-hour [1] 185:13 elaborate [1] 114:22 Electric [3] 101:22; 102:21; 103:7 electrical [3] 102:6; 103:9; 104:13 electricity [1] 103:9 elements [1] 106:2 elevated [1] 38:3 eliminate [3] 12:16; 51:3; 52:14 eliminated [2] 13:5, 9 Elmer [3] 28:13; 67:17; 182:12 elsewhere [1] 132:17 Ely [1] 29:1 emergency [2] 24:1; 40:8 emissions [3] 24:21; 72:12; 79:5 EMMET [5] 1:13, 16; 4:17; 66:3; 186:14 Emmet [6] 3:2; 4:3; 5:17; 85:2, 7; 154:18 employed [3] 94:6; 121:21; 134:8 employee [1] 151:11 employees [16] 9:21; 10:1; 20:19; 21:4; 23:5; 25:21; 26:13; 54:12; 61:22; 99:19; 150:20; 151:4; 152:8; 158:14, 16 employment [1] 8:18 end [6] 17:6; 32:11; 60:22; 85:1; 137:4; 154:13 ended [4] 28:1; 46:1; 60:21; 178:20 ending [1] 8:1 enforcement [3] 151:18; 153:7, 14 enforcing [1] 153:8 engaged [1] 17:19 engineer [3] 18:20; 19:14; 121:9 engineering [5] 12:22; 14:19, 21; 18:21; 33:5 engineers [3] 54:1; 181:20; 182:11 England [7] 2:14; 8:14; 47:12; 51:14, 15; 172:10; 179:11 English [2] 11:15; 52:20 enormous [1] 132:1 ensure [3] 17:14; 26:4; 175:4 enthusiastic [1] 56:7 entified [1] 3:8 entrusted [2] 136:9; 137:13 environment [14] 13:4; 57:18; 68:18; 73:6; 96:20; 99:8; 100:13; 103:19; 106:18; 147:20; 148:21; 149:14, 17; 153:9 Environmental [4] 146:7, 18; 147:8, 14 environmental [23] 69:10; 70:5, 8, 15, 22; 71:15, 17; 72:3, 9, 15; 74:10, 16, 20; 75:16; 106:7; 121:18; 130:4; 145:20; 147:21; 148:2; 149:5, 22; 152:9 environmentally [2] 150:21; 151:7 enzyme [1] 58:10 EPA [1] 106:16 episode [2] 35:21; 99:19 equate [1] 10:16 equipment [7] 13:12; 14:2; 17:20; 18:2, 5, 12; 44:6 Erie [1] 135:14 ESQ [6] 2:1, 2, 4, 7, 10, 15 establish [1] 40:8 established [2] 6:14; 7:3 estimate [1] 50:21 et [4] 1:10; 4:4, 8; 48:8 Ethovan [1] 122:13 ethovan [2] 122:8, 12 ethylene [1] 182:5 Europe [3] 178:11, 13; 179:13 European [4] 20:9; 177:3, 9; 180:1 Europeans [1] 44:22 evaluated [2] 122:22; 123:7 evaluating [1] 29:7 evaluation [1] 13:2 evening [1] 186:4 event [2] 40:22; 161:10 eventuaUy [4] 89:18; 104:11, 12, 21 Everybody [1] 37:18 everybody [1] 37:19 evidence [1] 95:2 evolved [1] 177:7 ex-U.S.A. [1] 41:9 exactiy [1] 109:15 EXAMINATION [4] 3:1; 5:12; 66:10; 154:20 examination [11] 1:16; 43:5; 112:21; 114:10; 115:4, 13; 116:13; 142:6, 14, 19 examinations [2] 16:4 examine [4] 51:5; 53:13; 112:20; 116:20 examined [4] 4:19; 43:8; 53:12; 66:5 examining [3] 24:16; 43:4; 51:9 example [4] 18:16; 20:17; 24:17; 42:10 Except [2] 94:8; 132:10 except [31 112:12; 126:6: 170:2 exception [6] 24:11; 40:17; 140:10; 157:16; 170:5; 179:22 Excluding [1] 160:2 Excuse [1] 133:21 excuse [1] 152:22 executive [18] 9:4, 5; 26:16, 17; 31:6; 32:15, 17; 72:16, 17, 19; 73:13; 74:12, 14; 130:9; 136:9; 137:14; 146:17; 147:14 Exhibit [30] 3:7, 8, 10, 12, 13, 14, 16, 18, 20, 21; 48:2, 16, 19; 58:3; 63:5; 92:22; 95:5; 109:3; 110:4; 118:1, 15; 141:19. 20, 22; 144:20; 145:16; 146:13; 167:7, 11 exhibit [4] 63:5; 114:16, 21; 115:1 exhibited [1] 149:13 Exhibits [3] 92:12; 141:9: 143:2 exhibits [5] 48:5, 6. 7; 117:13; 141:8 exist [1] 15:15 existed [1] 19:2 exists [1] 67:10 expanding [1] 83:17 expect [2] 91:21; 181:12 expected [1] 100:18 expense [1] 153:11 experience [3] 34:14, 20: 64:3 experienced [2] 64:22; 99:6 experiences [1] 11:12 expertise [2] 60:8; 77:4 explain [1] 31:5 explode [3] 22:5; 39:1; 104:19 exploded [1] 36:19 exploratory [1] 58:19 explosion [10] 35:21; 36:17; 37:16; 38:14, 21; 39:3; 40:14; 41:1; 118:13; 180:15 explosions [3] 21:20; 35:7; 140:3 explosive [2] 37:8, 9 exposed [4] 24:21; 43:9; 165:9; 175:5 Exposure [1] 96:22 exposure [27] 10:12, 17; 12:10, 14, 16; 13:1, 5, 8. 14; 14:4, 7, 8, 10; 15:2; 19:2, 7; 24:5; 42:22; 43:16; 46:18; 67:2; 91:8; 96:13, 19; 97:9; 106:7 exposures [3] 15:6; 29:7; 127:4 expressed [2] 113:12; 117:3 expressing [1] 75:13 extensive [1] 11:15 extensively [1] 18:11 extent [2] 78:7; 134:19 extraction [1] 122:18 extremely [1] 26:6 -F- facilities [2] 78:15; 99:15 facility [1] 176:8 fact [13] 10:14; 37:8; 55:12; 84:18; 104:13; 106:15; 116:14; 126:15, 20; 131:5; 138:11; 153:15; 170:3 differentials to fact WATER PCB-SD0000062563 Basic Systems Applications Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 Concordance by Look-See(35) factories [1] 178:19 fairly [3] 11:15; 18:11; 53:13 falcons [1] 103:20 falling [2] 21:20; 141:5 familiar [14] 30:21; 48:22; 57:4; 71:7; 73:1, 11; 85:11; 87:22; 139:20; 143:6, 8! 147:1; 148:18; 153:6 familiarize [2] 15:6, 22 families [1] 36:10 fashion [4] 84:11; 88:2; 107:22; 151:13 fatalities [1] 91:17 fatality [1] 37:18 fate [1] 80:14 favorably [1] 109:2 February [4] 1:15; 4:10; 162:7; 186:11 federal [2] 54:21; 135:18 fee [4] 157:18; 158:1, 3; 170:11 feel [2] 52:17; 64:22 fees [4] 40:8; 159:6, 12, 16 feet [1] 36:22 fellow [3] 22:20; 51:14; 52:11 fellows [2] 44:13; 45:20 felt [1] 92:7 fence [2] 69:15, 19 fertilizer [2] 37:6, 9 field [4] 8:5, 10; 11:17; 104:20 Fielding [2] 2:7; 5:6 filed [1] 63:19 filling [1] 14:15 filter [2] 67:7; 82:19 filtering [1] 80:1 filters [1] 185:5 find [10] 16:11, 15; 17:21; 21:7; 43:8; 52:4; 83:6, 7, 8; 94:16 finding [7] 43:22; 44:1, 9, 10; 83:18 Fine [1] 186:5 fine [4] 13:19; 51:11; 65:5, 12 finished [4] 10:3, 5; 21:8; 39:1 fire [12] 35:13; 37:12, 15, 17, 20; 104:15; 106:1; 118:13; 133:6; 135:15; 171:13 fire-resistant [2] 103:17; 104:16 fired [1] 152:14 fires [1] 38:7 Firestone [2] 42:10; 47:9 firm [3] 4:11, 14; 5:6 First [1] 11:3 first [40] 3:22; 4:18; 9:8; 12:12; 15:9; 19:13, 19; 24:12; 26:11, 13; 37:5; 38:17, 21; 43:2, 7, 15; 47:2; 50:2, 4; 69:4; 91:8; 104:3; 109:21; 120:10; 127:21; 143:10; 152:16; 160:6; 163:5, 6; 167:11, 19, 22; 169:8; 173:19; 176:20, 22; 184:4 fish [9] 63:8; 100:16; 101:16; 103:21, 22; 132:3; 135:14 fished [2] 149:11 fishermen [2] 149:11, 13 Five [1] 168:10 five [18] 9:13; 28:22; 37:17; 38:17; 39:2; 53:14; I 60:20; 68:3; 112:19; Four [1] 166:15 114:12; 166:15, 17; I four [16] 28:1, 3; 37:17; 168:14, 15, 18, 19; 172:2 i 43:15; 75:5; 144:7; flags [1] 140:18 | 160:12; 162:6; 164:1, 4; flammability [1] 22:4 | 165:11; 166:3; 168:14, 19; flanges [1] 105:21 I 172:2; 179:11 flared [1] 79:3 fowl [2] 101:16 flat [1] 181:14 Fox [1] 93:22 flooded [2] 181:5, 10 ! frame [6] 71:16; 134:1, Floor [l] 2:17 I 21; 152:1, 3; 170:10 Florida [3] 22:20; 23:22; i France [3] 172:12; 179:3, 24:2 11 Flow [1] 33:1 free [1] 61:10 flow [8] 32:5, 11, 21; French [2] 35:9; 37:2 33:2; 73:19; 130:8, 10; ! frequently [3] 133:6; 132:1 i 180:13, 17 flows [1] 38:13 I front [2] 36:17; 61:20 fluid [1] 104:17 I full [1] 5:16 fluids [1] 38:3 I full-time [5] 7:2; 20:18, fluoride [3] 24:21; 72:12; 20; 21:2; 28:9 127:4 fulsome [1] 147:10 fluorine [2] 24:18; 71:20 i fumes [2] 14:12, 14 Flyer [1] 37:11 function [8] 9:2; 17:17; flying [1] 19:15 29:9; 30:12; 33:10; 73:1; follow [3] 58:16; 154:2, 4 140:2; 175:22 followed [2] 28:15; 77:10 | functioning [1] 15:11 following [1] 140:3 | functions [4] 9:18; 12:17; follows [2] 4:19; 66:5 i 28:12; 72:1 food [1] 103:22 i Fund [4] 146:8, 18; force [4] 60:17; 111:2; 147:9, 15 116:21 i fund [1] 54:13 foreign [3] 172:9; 176:21; ! furnished [1] 18:9 178:22 forget [2] 29:2; 133:8 Form [1] 139:22 i gadget [1] 185:4 form [55] 13:15; 42:9; 1 Galveston [2] 39:9, 15 55:18; 57:1, 12; 63:11; l Gamble [1] 58:10 69:1, 12; 70:9, 16; 72:4; i game [1] 103:22 75:17; 80:16; 81:2, 7, IS; I garments [2] 14:9; 87:20 82:9, 22; 83:13; 84:15; I Garrett [29] 28:15, 20; 88:17; 90:2, 5, 13; 91:18; 30:5, 20; 31:1; 33:11, 17, 97:5; 108:1, 22; 109:9; ; 18; 71:14; 73:11; 74:4; 110:21; 119:20; 120:4, 5; i 75:7; 76:22; 77:5, 8; 78:7, 123:1; 125:1, 9, 14; I 17; 79:5, 20; 93:3; 95:9; 126:13; 128:6; 131:12, j 97:19, 20; 109:22; 111:4; 19; 132:11; 136:4, 13; | 112:12; 182:12, 15 138:4; 140:21; 146:1, 9; j gaseous [1] 66:21 148:22; 149:6; 150:1, 22; I gases [2] 14:12; 79:4 151:21; 152:11; 153:21 i gave [5] 36:10; 58:11; formalized [2] 15:18; j 140:19; 156:14; 167:13 178:12 ! GE [4] 101:21; 102:2, 3, forms [1] 66:19 fortunately [2] 47:15; I5 j gear [1] 62:6 50:21 gee [1] 22:22 found [23] 37:7; 42:20; i George [1] 11:10 43:1, 15; 47:15; 53:6, 21; ! Gerhmann [1] 11:9 100:10, 13, 15, 16, 19; j German [1] 171:16 101:8, 15; 102:9, 11; i Germans [1] 171:17 103:18; 104:21, 22; 105:1. I Germany [4] 45:2; 2; 135:9 172:11; 177:5; 179:4 Foundation [9] 75:18; ; gets [2] 106:5, 8 78:5, 10, 19; 79:14, 18; Gilmore [1] 94:2 81:5; 106:21; 139:10 Give [2] 179:14, 15 foundation [57] 9:11; give [7] 19:22; 50:19; 49:15; 50:12; 54:9; 61:14; 160:14; 166:19; 169:13; 63:1; 64:11, 17; 68:1; 179:13; 184:8 69:12; 76:5; 77:21; 80:17; given [9] 25:18; 33:3; 81:14; 82:9; 83:1, 14; 71:5; 89:19; 132:6; 144:4; 84:14; 86:9; 87:16; 88:8, 152:2; 169:11; 183:11 16; 90:1, 5; 93:7; 98:13; giving [1] 23:10 107:11; 108:2, 9; 110:9, glad [3] 70:19; 136:20; 11, 22; 112:3; 115:9; 155:7 119:6, 13; 120:5; > gloves [1] 14:10 121:2; 126:14; 128:7; ! glue [1] 178:19 131:13, 20; 132:8, 20; i goal [2] 21:3, 7 133:2, 14; 134:12; 136:5; : God [1] 40:19 138:5; 139:11; 146:2; goes [5] 67:2; 81:12; 149:1, 7; 150:2; 151:1; : 117:6; 121:14; 131:22 152:12; 153:22 . good-size [1] 38:6 founder [1] 26:3 . Goodrich [1] 47:10 Goodyear [1] 47:10 94:2, 3; 95:14; 125:18. Gosh [2] 60:15; 89:13 22; 139:15 government [13] 17:10; headed [1] 124:1 54:14, 22; 92:5; 104:13, heading [5] 50:2, 5; 20; 105:4; 106:15; 108:20; I 58:4; 122:8 135:8, 18; 140:8, 19 i Health [1] 8:16 governments [1] 135:18 . health [29] 21:21, 22; grade [1] 61:9 j 22:2, 7, 17; 23:16; 24:7; gradually [1] 177:7 ; 25:4, ll, 17, 21; 26:21; grams [1] 87:11 27:16, 17; 56:19; 87:14; Grand [1] 180:15 ' 118:13; 136:11; 137:15; Grande [1] 37:5 ; 138:14; 139:2, 8; 140:22; gravel [1] 100:9 141:4; 145:20; 148:21; great [9] 16:13; 17:8; *1 175:6; 182:10 30:8; 42:21; 51:18, 20; : hear [11] 13:18; 34:5, 9; 79:2; 148:10; 171:15 I 90:3; 126:17; 128:12, 18. ground [5] 117:16; 121:3; I 19; 136:16; 155:5; 167:21 165:9, 10; 181:15 j heard [2] 52:2; 138:17 grounds [3] 90:4; 93:6; ! hearing [2] 34:6; 76:3 181:10 ' heart [1] 16:6 Group [16] 112:18, 20, ' heat [3] 103:11; 104:11; 22; 114:2, 11, 13; 115:15, I 105:19 16, 17; 116:15, 21; 117:6; i heated [1] 105:22 142:4, 8, 10, 12 I heating [2] 105:20; 106:2 group [15] 12:6, 8; | heats [1] 105:21 17:11; 18:9; 27:17; 49:18; ! heck [1] 55:10 52:5; 60:6, 9; 62:5; j held [2] 73:15; 157:5 113:22; 114:2, 4, 11; ' hello [1] 61:20 115:17 j help [3] 52:9; 60:7; 137:8 grouping [1] 8:8 1 helped [1] 92:3 groups [1] 135:20 , helpful [2] 136:17. 19 guess [15] 27:15; 28:19; hepatitis [2] 17:5, 6 38:17; 40:6, 8; 51:16; ' hesitating [1] 176:19 56:10; 62:4; 72:16, 17; hey [1] 65:1 77:2; 121:9; 168:18; ' High [1] 37:11 178:20; 179:12 high [4] 37:18; 61:9; guessing [1] 72:18 ' 101:7; 149:14 -H- higher [1] 185:12 hired [4] 8:19; 9:16; half [2] 46:2; 52:13 18:6; 29:10 half-dozen [1] 89:7 hit [5] 36:18; 106:6, 8; Halley [1] 54:18 141:6; 181:3 hand [2] 62:6; 146:12 hitting [1] 38:6 handed [2] 48:18; 92:21 holes [1] 38:12 handle [2] 13:3; 57:20 home [1] 5:18 handled [14] 22:1, 2; home-free [1] 53:8 24:18; 29:10; 30:22; 31:1, i hope [1] 159:14 4; 36:6; 73:17; 77:5; 92:7; j Hospital [3] 8:1; 40:6; 151:13; 175:9, 13 | 52:22 handling [11] 21:10; ! hospital [6] 39:7, 9, 10, 22:12, 15; 32:15; 34:16, 13, 22; 40:7 18; 57:11; 58:1; 77:18; hospitals [4] 39:14, 16; 97:9; 108:7 ; 40:3, 4 happening [3] 101:18; : hot [1] 106:3 129:8; 180:22 j Houghton [2] 93:4; happens [3] 87:2, 5; I 95:16 106:5 ! hour [5] 65:7, 14; 158:4; happy [4] 53:7; 61:5, 8; , 170:12, 19 147:7 , hourly [3] 158:1; 170:9, Harbor [1] 6:21 | 13 hard [3] 49:6; 58:15; i hours [13] 21:1; 37:11, 136:16 | 17; 38:7, 18; 39:2; 44:17; harm [6] 10:2; 22:2; 23:4; I 160:12; 161:22; 162:6, 12; 69:14, 15; 87:4 163:8 harmed [1] 21:21 ! house [1] 24:17 harmful [2] 87:13; 185:5 j human [3] 46:12; 96:12; harming [1] 103:20 97:5 hasn't [1] 11:10 hundreds [2] 89:1; hauling [1] 82:15 150:12 haven't [2] 156:11; 171:4 j Hunter [1] 94:3 hazard [3] 15:13; 93:14 ] hunters [2] 149:10, 12 hazardous [11] 10:5, 22; I hurricanes [2] 180:21; 12:11, 16; 13:4; 14:22; 1 181:3 66:21; 67:9; 69:16: 94:18; j hurt [1] 149:16 175:12 i hydrogen [2] 91:10, 21 hazards [4] 21:19; 99:7; hygiene [14] 13:1; 17:11; 118:13 ! 18:9, 10; 28:14; 29:6; He'd [1] 153:11 ' 60:18; 61:2; 62:5; 66:17. he'd [1] 23:2 18; 67:12, 21; 69:11 head [9] 59:8; 62:3; 79:9; i hygienist [12] 17:18, 19; From factories to hygienist WATER PCB-SD0000062564 Basic Systems Applications_____ Pegg of; R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 Concordance by Look-See(36) 18:6: 19:4: 27:20: 30:6, 7; 67:16. 18: 71:19: 94:1; 130:3 Iwgienists [4] 18:7; 27:22: 28:11; 54:2 hypertension [1] 16:6 industrial [31] 10:13; 13:1; 17:10, 17, 19; 18:6, 7, 9, 10; 19:4; 27:19, 22; 28:11, 14; 29:5; 30:5, 7; 54:2; 60:18; 61:2; 62:5; 66:17, 18; 67:12, 16, 18, internal [1] 8:6 interrogation [L] 1L3:7 interrupt [1] 116:2 interval [1] 52:15 introduction [1] 120:17 invented [2] 101:19, 22 -I 21; 69:11; 71:19; 94:1; 130:3 investigated [1] 91:11 investigating [1] 56:18 I'd [24] 11:8; 13:17; 24:1, industries [4] 18:8; investigation [2] 51:1; 2; 28:10; 39:2; 88:22; 133:1, 5 118:11 118:14; 121:2; 128:18, 19; industry [10] 9:10; 16:8; involve [1] 137:19 129:5; 136:20; 137:2; 47:13; 84:13; 131:6, 9; involved [15] 30:13; 144:2; 153:10; 155:3, 6; 167:11, 18; 168:4, 5; 132:18; 134:17; 135:7; 147:9 53:17; 54:8; 71:15; 73:7; 76:16, 20; 77:6; 78:7; 180:20 infants [1] 181:7 85:13; 97:19; 109:7; I've [21] 7:16; 8:2; 13:19; inflammable [1] 103:13 127:4, 7; 135:18 26:2; 48:18; 51:11; 73:14; informal [1] 148:6 irregular [l] 75:4 89:19; 92:21; 109:4; information [19] 9:19; irresponsible [3] 150:21; 110:3; 117:21; 121:11 11:17; 16:14; 21:8; 22:12, 151:4, 7 143:7; 163:22; 165:20, 16; 23:9, 10; 54:11; irritating [1] 87:10 168:2; 171:1; 179:5, 8 62:11, 14, 19, 22; 64:9; isolated [1] 171:22 186:1 86:17; 99:7; 147:21; issue [3] 115:14; 116:4, ICI [11 51:15 183:13; 184:10 20 Idaho [1] 72:11 ingredient [1] 58:8 item [1] 140:11 idea [4] 50:19; 52:8; inhalation [1] 14:11 160:15; 181:9 inhaling [1] 17:5 - J- IDENTIFIED [1] 3:6 identified [8] 48:16; 92:12; 93:20; 109:3; 118:1; 141:10; 145:16; 167:7 identify [6] 4:20; 92:22; 95:5; i 10:4; 146:13, 16 ignited [1] 38:11 II [1] 140:18 ill [2] 10:11; 24:4 Illinois [1] 119:1 illness [1] 16:20 illnesses [3] 16:5, 9, 18 impact [1] 147:22 impervious [2] 14:9; 80:2 impinge [1] 70:3 important [6] 19:2; 26:7; 175:8; 183:13, 22; 184:6 impressed [3] 147:18; 148:1, 5 impression [5] 75:20; 107:13; 127:6; 128:8, 16 improvement [1] 83:9 improvements [2] 44:3; 138:19 in-house [3] 160:22; 161:2; 162:18 inaugurated [1] 51:2 incentive [3] 149:4, 20; 150:4 incentives [1] 148:19 inches [1] 181:15 incidentally [1] 60:3 inherent [4] 10:10, 17; 46:18; 183:18 initial [2] 7:14; 8:18 initially [2] 6:15; 106:17 injured [2] 36:8; 39:4 injuries [2] 6:13; 140:3 injury [6] 144:7, 17, 19; 165:2, 4, 8 inquiries [2] 23:16; 24:12 inquiry [1] 58:19 inside [7] 38:3; 104:7; 106:1, 3, 6 inspected [1] 119:18 inspecting [1] 119:12 inspection [5] 66:17, 18, 20; 114:16; 118:4 inspections [11] 64:10; 66:13; 67:12, 22; 68:10, 20; 110:17; 111:20; 119:17; 121:15; 123:5 installation [4] 176:3, 7, 9, 12 installations [2] 29:8; 177:4 instance [1] 144:14 instances [2] 48:3; 132:15 Institute [1] 8:16 institution [2] 7:22; 52:2 instructions [2] 25:18; 171:16 instruments [1] 67:6 Insurance [3] 2:19; Jack [16] 13:15; 28:15; 30:14; 97:19, 20; 109:22; 110:9; 115:22; 117:12; 121:1; 123:2; 136:21; 138:8; 141:13; 153:10: 182:12 JAMES [1] 2:2 January [2] 6:8; 161:16 Japan [3] 172:16; 179:16 Japanese [4] 176:21; 177:1, 2; 180:1 Jefferson [3] 1:18; 2:3; 4:8 job [8] 9:2; 17:20; 37:20; 174:18, 22; 175:4, 22; 183:9 Joe [3] 5:3; 48:12; 95:16 JOHN [1] 2:1 John [2] 4:22; 93:22 joined [3] 6:6, 8; 27:12 jointly [1] 118:20 JOSEPH [2] 2:15, 21 Joseph [2] 4:13; 93:4 Journal [4] 8:14, 15, 16, 17 journals [3] 8:13; 11:5: 55:1 JR [1] 2:7 Jr [2] 3:10; 95:7 judgment [1] 67:9 JULIE [11 1:19 Julie [1] 4:10 incipient [2] 16:5, 9 include [2] 10:5, 8 74:19; 93:5 insurance [43] 17:8; nr 15; 165:5; 166:14, 17; ; 167:4, 6, 7, 9, 10. 11; , 168:4, 22; 169:10, IS; : 170:1; 171:5, 12; 172:13. j 19; 174:18; 176:18; lawsuit [1] 76:17 i lawyer [6] 158:21: 161:2: , 162:14. 18; 163:5; 167:4 i lawyers [2] 159:1, 3 ! lay [1] 101:10 i 177:11; 179:1; 180:18; i 181:17; 183:16; 184:14; : 186:1 KENNEDY [1] 2:2 kept [1] 38:7 kettle [1] 89:16 key [2] 158:14, 16 killed [2] 35:11; 36:7 kills [1] 132:3 kilo [1] 87:11 kindred [1] 46:5 Kingdom [1] 179:3 knowledge [9] 17:14; 57:15; 59:1; 68:3; 89:10; 177:1; 182:17; 183:2; 184:9 knowledgeable [5] 30:11; 31:5; 121:10; 174:19; 175:1 Krunimrich [8] 41:22; 54:5; 118:20; 119:12; 145:10, 11; 173:4, 5 I LD [1] 87:11 leach [1] 82:19 leaching [1] 79:22 Leading [16] 13:7; 21:6; 24:9; 25:13, 19; 36:21; 39:18, 19; 53:19; 76:5; 130:12; 131:4; 132:9; 136:4, 13; 151:21 leading [17] 13:16; 15:8; 31:22; 33:20; 34:4; 37:3; 57:2, 13; 59:13, 18; 69:2; 70:10, 17; 71:11; 101:20; 124:13; 134:13 leak [3] 82:18; 105:17; 164:13 leaked [3] 100:7; 104:19; 164:13 leaks [1] 106:9 leaning [1] 14:20 learn [1] 53:2 learning [1] 106:17 leave [1] 175:15 legal [1] 58:20 legible [4] 49:8; 141:12. lab [1] 96:14 1 16; 143:11 label [2] 132:7; 184:10 labeled [1] 120:17 lengthen [1] 513 I Leslie [1] 59:6 labels [1] 22:12 ! lessen [1] 148:2 laboratories [3] 9:19; i lessens [2] 81:21; 82:5 11:19, 20 Letter [3] 3:12, 20; 154:6 laboratory [3] 12:1; letter [9] 23:21; 24:3; 28:14; 93:12 110:4, 5; 146:17, 20; Lack [10] 9:11; 50:12; 147:2, 17; 154:4 54:9; 61:14; 63:1; 64:11, letters [1] 50J 17; 110:11, 21; 139:10 level [8] 10:18; 13:6; lack [4] 23:11; 76:4, 9; 110:9 17:15, 22; 68:12; 101:7; 149:14; 185:12 ladder [2] 140:3; 141:5 levels [3] 17:9, 10; 26:8 ladders [1] 21:20 liability [6] 27:15; 49:13; Lake [1] 135:14 lakes [1] 133:10 59:1; 125:8; 126:11; 129:14 Lancaster [1] 59:6 liable [3] 22:5; 52:7; 87:4 Landfill [I] 118:19 liberated [1] 72:10 landfill [17] 81:2, 9, 12, 19; 86:1, 4; 87:3, 15; 88:11, 19, 20; 89:9; 91:19; 118:16; 119:2, 12; 151:14 Liberty [491 2:19; 5:4; 18:8; 27:14; 36:6, 13; 47:6; 49:10, 16; 50:10, 18; 53:15, 17; 56:21; 57:9; 58:22; 59:9, 11, 20; landfilling [1] 79:8 60:8, 13, 16; 61:4, 12, landfills [8] 77:16; 79:22; 18; 64:10; 66:14; 67:11, 80:15; 83:22; 84:19; 21; 68:9: 74:19; 75:10, 89:22; 98:22; 120:3 language [1] 11:16 13; 76:3, 13; 92-3, 5, 20; 93:4, 15; 94:11; 95:18, large [9] 18:9; 39:8, 9; 20; 97:7; 107:3. 4; 45:17; 76:12; 87:18; 109:12; 110:16: 144:14 inclusion [1] 22:13 18:8; 24:18; 27:12, 13, keep [5] 31:8; 34:7; 88:10; 135:10; 153:3 librarian [1] 28:3 inconsistent [1] 84:12 Incorporated [1] 4:12 increase [2] 83:4; 101:1 incur [I] 139:8 incurred [2] 126:11; 137:19 16, 17; 36:5; 47:6; 49:12; 64:22; 106:19; 107:9, 17; 108:13, 14; 110:6; 125:6, 18, 22; 126:3, 5, 7, 12, 16; 127:1, 2, 3, 10, 13, 19; 128:5, 9, 15, 22; 51:11; 60:2; 141:14 keeps [1] 82:20 KELLY [6] 1:13, 16: 3:6; 4:17; 66:3; 186:14 Kelly [911 3:2; 4:3; 5:14, 17, 20; 7:18; 30:4; 48:2, larger [I] 140:15 Last [1] 168:15 last [23] 15:19; 36:13; 53:7; 58:4, 14, 18; 63:15; 64:1; 92:9; 94:4, 8; 102:12; 108:3; 112:17; library [1] 11:15 licensed [1] 84:5 licensing [1] 80:6 licked [1] 44:4 lie [1] 100:7 life [8] 51:6, 7; 126:6; Indemnitv [3] 2:9; 5:7; 155:3 ' 129:9, 13; 140:8; 144:5, 11, 13; 182:9 8, 9, 16, 18, 19; 58:3: 63:5; 66:12; 76:18; 85:2, 144:9; 155:11; 163:7, 18; 165:11; 166:16; 167:10, 131:18; 134:20; 176:2, 6; 182:10 indicated [2] 68:21; 137:13 insure [1] 54:4 insurer [1] 49:21 8, 11; 92:12, 19, 21; 95:5; 99:4; 109:3, 6; 13; 171:3 late [2] 109:11; 178:12 lifetime [l] 185:13 lighting [1] 39:12 indicating [1] 60:22 insurers [1] 108:7 110:3, 15; 111:15; 118:1. latent [1] 43:17 lightning [2] 106:6, 8 individual [9] 17:2; insuring [1] 14:11 3, 15; 120:12; 122:5; latter [3] 20:8, 10; 172:1 Lignen [3] 177:5; 179:4. 30:13: 57:21; 62:20; integral [1] 97:18 130:2; 141:9, 19, 20. 22; Law [11 2:5 10 72:22; 125:21; 148:20; 150:8: 157:16 intelligent [1] 149:18 interest [2] 148:8, 10 143:2; 144:20; 145:16. 18; 146:12; 148:11, 17; law [13] 1:17; 5:6; 151:18; 152:14, 22; 153:7. likes [1] 138:16 limit [1] 17:13 i1n1d2iv:2id. u6a,ls11[4] 71:15; interested [2] 91:13; 149:10 154:18, 22; 155:10; 156:16: 157:11, 21; 158:6, 14; 154:1, 4; 161:8, 11; 162:19 limited [1] 114:1 limits [1] 142:12 indulge [1] 58:15 interjected [1] 109:13 11; 159:21; 161:14; 162:13; 163:3, 19; 164:12. laws [6] 151:18; 152:9, 19: 153:8, 18, 19 Lindbergh [1] 2:5 line [9] 14:16; 40:17; hygienists to line WATER_PCB-SD0000062565 Basic Systems Applications Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 Concordance by Look-See(37) 50:20; 115:7; 122:13; 152:7; 1533; 171:14 168:6, 9; 169:1, 10 manager [10] 24:13, 15; lined [1] 118:16 61:21; 62:17, 20; 93:22; liner [1] 80:3 110:6; 111:9, 10; 182:2 lines [1] 122:17 i managers [1] 181:22 lining [1] 37:8 manner [5] 25:21; 46:16; liquid [1] 133:17 73:17; 75:20; 119:4 liquids [2] 118:21; 119:3 MANTA [53] 2:15; 5:3; list [1] 50:5 9:11; 14:5; 24:9; 25:6; listed [1] 123:12 39:18; 41:15; 48:7, 13; literally [1] 89:1 ; 50:12; 53:19; 54:9; 55:17; literature [6] 11:13, 14; - 57:14; 59:14; 60:10; 41:9; 86:19; 97:21; 98:3 61:14; 63:1; 64:11, 17; litigation [1] 5:11 living [1] 181:7 67:14; 68:1, 15; 69:3; 70:18; 71:3; 72:5; 74:7, Lloyd [2] 2:13; 66:9 ` 21; 75:18; 76:5; 77:22; loaded [2] 35:9; 37:5 ! 80:18; 82:10; 83:2; 84:16; loading [2] 87:2, 9 . 90:17, 19; 93:6; 95:22; lobbyist [1] 153:15 i 97:10; 115:11; 120:12; located [2] 6:11; 118:19 125:15; 132:9, 20; 133:19, location [3] 77:17; 111:9 , 21; 136:17; 139:10; locations [1] 119:19 148:12; 150:2 locker [1] 45:19 ; Manta [4] 2:16; 5:3; LOIS [1] 2:10 1 156:3 Lois [3] 29:16, 18; 66:8 manual [1] 18:22 London [2] 2:13; 66:9 manually [1] 97:3 long-term [1] 86:17 manufacture [6] 10:3; looks [1] 144:9 18:17; 35:1; 41:13; 43:1; Loss [1] 140:9 55:10 loss [27] 58:4; 60:1, 13; manufactured [7] 41:6, 62:4; 63:6; 64:6. 10, 15; 10, 18, 19; 56:1; 107:22; 66:14; 109:19; 110:17; 175:2 111:11, 19; 119:11; I manufacturer [2] 41:7; 121:14, 20; 1221; 123:5. ! 42:9 16; 140:4, 12, 13, 16; : manufacturers [1] 42:2 141:2, 3; 144:6, 18 j manufacturing [27] 11:4, losses [10] 5912; 60:2, 4; . 8; 13:4; 29:8; 36:16; 41:8; 125:8; 126:10; 127:6, 15: I 43:2; 44:22; 45:13; 47:16; 128:4, 9, 13 i 55:6, 21; 56:6, 12, 19; lost [3] 70:11; 144:18; 1 58:9; 62:17; 70:3; 100:2; 179:5 i 102:3, 4; 105:6; 106:16; lot [8] 11:17; 17:7; 58:11; , 121:10, 15; 182:3; 184:7 98:2, 3, 6; 101:17; 102:12 1 March [12] 6:21; 110:7; Lots [1] 23:18 ; 111:20; 118:5; 121:18; Louis [29] 2:6; 5:19; 123:4; 124:20; 125:5; 6:11; 7:21; 8:1, 21; 15:12: ! 126:9; 127:12; 128:2; 19:9; 23:3; 36:2; 40:1; 129:11 41:20, 21; 43:1; 59:8, 22: ! marine [1] 100:16 95:15; 143:22; 145:8, 9, mark [7] 48:1; 141:7, 19; 10, 11, 14; 160:10; 173:2. I 167:2, 5, 9 3, 16; 174:17 : marked [9] 48:5, 8, 9, lump [2] 100:8; 101:14 18; 92:21; 95:5; 110:3; lunch [3] 65:4; 129:6; 143:2; 146:12 163:15 i Market [1] 2:17 limelies [1] 107:14 . market [2] 56:11; 99:15 lung [1] 51:20 j Marsh [7] 109:14, 17; lungs [1] 97:6 110:5; 111:3, 11; 112:10; Luxemburg [3] 177:5; 127:22 179:5, 10 i Mary [2] 40:6 Maryland [1] 175:19 Massachusetts [1] 173:1 M.L. [2] 3:10; 95:7 material [41] 10:22; mackerel [1] 101:5 17:15, 22; 18:19; 21:9; MAGGIO [1] 2:21 j 22:1; 38:4, 13; 41:19; Maggio [1] 4:13 j 42:8; 43:22; 44:2, 4, 13, magnitude [1] 64:6 j 19; 52:5; 54:22; 55:10; main [2] 105:19; 145:12 ' 56:16; 81:8, 12, 19; 83:7; mqjor [8] 18:20; 79:5; ! 86:3, 18; 89:17; 92:2; 89:19; 109:20; 172:1, 2; 94:18; 96:5; 99:3, 12; 180:8 100:3, 5, 11; 105:16, 22; majority [6] 20:22; 41:22; 123:12; 124:2; 131:7; 47:12; 86:1, 3; 171:20 134:18; 184:11 maker [1] 45:9 materials [17] 10:3, 4, 6; man [10] 16:12; 17:22; 12:4; 13:12; 32:7, 8; 28:9; 29:2; 30:14; 42:20. 34:17, 22; 38:9; 69:16; 21; 71:17; 94:1; 100:14 80:11, 14; 82:8; 89:8; management [18] 25:4. 97:15; 174:20 11, 16. 22; 26:8, 13, 21; i matter [11] 4:3; 10:12; 27:4; 45:5; 69:9; 91:2; 26:18; 49:11; 50:11; 114:1; 138:1. 12; 149:20: : 76:20; 102:1; 117:9; 132:17; 158:22; 164:11 21; 28:5; 31:7; 32:14; 97:10 matters [17] 24:7; 69:10; 33:2; 34:15, 20; 41:1; mischaracterizes [1] 96:1 70:5, 8, 15; 71:1; 72:3, 47:8; 55:1; 58:21; 60:14; Mississippi [3] 118:20; 15; 74:10, 20; 75:16; 70:6, 14, 21; 72:2; 73:14; 131:22; 132:3 130:4; 140:22; 149:5, 22; 74:18; 75:16; 76:1, 19; Missouri [3] 2:6; 5:19; 151:16; 152:10 77:19; 79:6, 10, 12; 86:6; 54:15 maximum [1] 17:12 88:13; 89:21; 90:8; 94:12; mistaken [1] 164:2 MC [140] 4:22; 5:5; 13:7, 98:9, 20; 120:2; 124:8, mists [1] 69:21 15, 19; 15:8; 21:6; 24:10; 12; 125:4; 129:3; 130:5, Mitsubishi [1] 179:18 25:7, 12, 19; 29:17, 19; 8; 134:7, 9; 136:9; mix [1] 42:10 31:22; 33:20; 34:4, 7; 137:14; 138:1, mixture [1] 85:14 36:21; 37:3; 39:19; 48:11; 13; 139:19; 140:2; 143:13; mixtures [1] 85:13 49:15; 55:18; 57:1, 12; 145:18; 148:11, 17; moderately [1] 86:16 59:13, 18; 63:11; 65:5, 8; 150:18; 151:16; 152:4, 6, moment [3] 7:18; 28:10; 69:1, 12; 70:9, 16; 71:4, 16; 153:18; 156:16, 21; 29:15 11; 72:4; 75:17; 77:21; 157:8; 171:16, 18; 176:14, Monday [3] 161:15; 78:5, 10, 17; 177:6; 178:6; 179:21; 162:6, 7 19; 79:14, 18; 80:16; 183:6 money [4] 60:4; 138:3, 81:5, 14, 22; 82:9, 22; medically [1] 103:1 15, 16 83:13; 84:7, 14; 86:9; Medicine [1] 8:14 monitor [3] 31:8; 32:16; 87:16; 88:8, 16; 90:1, 4, medicine [8] 7:17; 8:2, 103:1 13; 91:2; 92:9; 98:13; 5, 6, 8, 9, 11; 51:18 monitoring [3] 16:3; 101:20; 106:21; 107:11; meet [6] 160:9, 11; 53:16; 73:15 108:1, 9, 22; 109:9; 161:20; 162:3; 163:10, 13 monomer [3] 87:22; 110:8, 12, 21; 111:13; meeting [10] 49:2, 3, 8, 88:15; 89:5 112:3; 113:15; 115:22; 18; 50:9; 53:17; 127:21; MONSANTO [1] 1:5 116:4, 9, 19; 117:11, 17. | 160:20; 162:1; 163:7 Monsanto [223] 2:4, 5, 21; 119:6, 13, 20; 120:5; ! meetings [5] 74:18; 75:3. 6; 4:3; 5:1, 11; 6:4, 6, 8; 121:1; 123:1; 124:13; ! 9; 109:17; 150:5 7:8, 16; 8:19; 11:1; 12:2; 125:1, 9, 14; 126:13; I member [3] 161:7. 11; ! 15:7: 19:20; 21:18; 22:16, 128:6; 129:4, 17; 130:12; j 162:19 131:4, 12, 19; 132:8; j members [1] 73:9 17; 23:5; 24:8; 25:4, 10. 16; 26:16, 21; 27:13; 133:2, 14, 20; 134:12, 16; memo [2] 59:6; 95:12 34:14, 16, 21; 35:12; 135:3; 136:4, 13, 20; Memorandum [2] 3:7, 39:17; 40:14; 41:2, 3; 137:9; 138:4, 7; 139:12, 10 42:8; 45:8, 11; 46:22; 22; 141:16; 146:1, 9; memorandum [5] 48:22; 49:10, 13; 50:10; 148:22; 149:6; 150:1, 22; 76:10; 94:22; 95:7; 107:3 53:18; 55:5, 14, 20; 56:1, 151:8, 21; 152:11, 18; men [2] 52:1; 57:19 5, 8, 21; 57:10; 58:20; 153:21; 154:5, 8, 21; mention [1] 174:1 60:14; 61:3, 11, 22; 159:10, 15, 19; 167:8; mentioned [17] 18:12; 62:12, 15, 21; 64:4, 16; 168:2, 3, 20; 186:1, 6 27:10, 19; 39:4; 40:10; 66:13; 67:13, 20; 68:13; MCA [6] 3:15, 17, 19; 97:19; 98:4; 102:14; 69:9; 75:15; 76:2, 4, 19; 141:20, 21; 142:1 103:6; 109:6; 112:13; 77:7; 83:21; 84:1, 10; McConnell [i] 2:7 114:20; 130:2, 7; 136:1, 86:6; 88:14; 94:11, 16; McConnell [3] 3:4; 5:5; 8; 162:13 98:9, 20; 99:6, 14, 19; 155:2 Merrimac [1] 172:22 100:1; 101:19; 102:3, 21: McLennan [7] 109:14, message [1] 150:19 105:1, 14; 18; 110:6; 111:3, 12; metabolism [1] 101:10 106:17. 19; 107:7, 21, 22; 112:10; 127:22 metabolites [2] 44:8, 14 108:7, 13, 21; 109:7, 11. MCO [1] 120:21 metals [1] 77:15 14; 110:7, 18; 111:2, 5, MD [2] 5:17; 7:21 meteorite [1] 36:18 21; 112:9; 118:4; 119:17. mean [37] 20:8, 10; method [11] 32:13; 44:8; 19; 120:3, 14; 121:22; 22:19; 27:2; 31:8; 33:16; 80:9; 86:7, 11; 88:15, 19, 122:22; 123:6, 17, 19; 34:19; 35:7; 40:18; 44:17; 22; 90:9; 119:2; 131:15 124:3, 9, 21; 125:6, 7; 45:12; 46:9, 14; 53:21; methods [9] 14:18, 22; 126:5, 9, 11; 128:4; 57:5; 61:5; 64:18; 69:19; 16:15; 17:9; 43:22; 44:1; 129:3, 13; 131:2; 132:15; 71:16; 72:16; 81:4, 11, 79:7; 84:2; 90:10 134:7; 136:2, 10, 12; 16, 18; 84:3; 86:22; Metropolitan [1] 27:16 ' 137:14, 19, 21, 102:10, 16; 105:13; 112:8; Mexico [2] 172:12; 179:2 22; 138:11; 139:20; 115:9; 130:16; 133:17; Michigan [1] 149:13 140:13; 143:14; 145:4, 19; 139:14; 151:9; 159:22; mid [2] 99:13; 178:13 146:7; 147:19, 22; 148:1, 166:5 mid-1930s [1] 99:13 18, 20; 149:9, 20, 21; Meaning [2] 116:16, 17 middle [1] 180:2 150:19, 20; 151:3, 11; means [3] 11:4; 14:11; Miller [1] 111:10 152:7. 17; 153:17, 19; 29:6 million [5] 83:5; 101:2; 156:17, 21; 157:7, 12, 15, meant [1] 100:6 138:20, 21; 140:15 21; 158:1, 5, 11, 13, 19; meantime [1] 148:5 millions [2] 96:15; 159:3, 6, 18; 160:19, 22; measured [1] 67:6 150:12 161:2, 8, 11; 162:18, 19; measurement [1] 140:22 mind [1] 47:5 164:4; 165:22; measures [1] 184:13 mine [1] 138:18 166:4, 8, 14, 18; 169:1. medical [115] 5:20; 6:4, minimization [1] 13:14 12, 20, 22; 170:7, 15, 20; 14, 18; 7:2, 3, 19; 9:1, 8, minimize [2] 13:1; 19:2 171:2, 5, 9; 172:3, 4; 10, 16. 18, 22; 10:19, 20; minimized [2] 13:6, 9 173:12, 14; 174:13, 20; 11:7, 9; 12:12, 13; 13:13; | minimizing [1] 15:1 175:2, 15; 176:14, 22; 14:3; 15:4, 10, 11, 17, ! minute [4] 10:15; 48:12; j 177:10: 178:7, 14; 182:21; 22; 16:1, 19; 18:13; 19:8. i 145:8; 186:2 I 183:7, 10, 14; 184:1. 4, 19; 20:12, 13, 15; 21:3, | minutes [1] 16:16 | 7, 13, 17 15, 22; 22:9, 18; 23:6, I mischaracterization [1] I month [1] 75:6 13, 15; 24:6, 19; 25:2, j 168:17 ! monthly [1] 74:13 18; 27:11, | Mischaracterizes [1] | months' [9] 47:4; 52:11; From lined to months WATER PCB-SD0000062566 Basic Systems Applications Depo of: R, EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277,0 Concordance bv Look-See(38) 60:15. 22; 68:5; 75:6; nonexistent [1] 177:1 i 117:1, 15, 22; 120:3; i operations [11] 15:6; I 9, 10, 13, 15. 16; 64:1: 87:7; 109:21; 180:17 nonoccupational [1] 17:3 i 121:2. 3; 136:15: 137:5, i 43:18; 64:5, 16; 67:1, 2; | 122:14; 124:1; 147:16 Montreal [2] 174:3, 9 Nonresponsive [1] 60:11 ! 9; 138:7; 142:6, 13. 15, ' 70:3; 71:20; 176:21, 22; j paralegals [1] 5:8 MORETT1 [1] 2:22 nonresponsive [2] 84:8; 18, 19; 159:13, 17 178:6 j parameters [1] 83:17 Moretti [1] 5:8 ; 92:10 Objections [l] 79:14 OPERATOR [18] 4:2, j paramount [2] 25:22; morning [7] 5:14, 15; ; Norfolk [1] 173:8 objections [9] 81:22; 20; 29:20; 30:1; 48:14; 26:9 36:13; 136:21; 163:16; normal [1] 170:9 82:1, 4; 134:16: 135:3; 65:16, 18; 66:6; 85:1, 6; parathion [1] 63:8 180:14; 184:12 , normally [1] 105:17 136:22; 151:8; 152:18: j 92:13, 16; 129:18, 21; Pardon [1] 52:11 mostly [3] 118:11, 12; North [1] 2:5 154:5 154:10, 13, 17; 186:7 pardon [5] 20:3; 30:17; 140:9 Northwest [1] 4:12 obtained [3] 9:8: 64:9; operator [1] 4:13 74:1; 144:12; 164:20 motivations [1] 148:19 nose [1] 185:4 99:14 opinion [8] 31:13; 33:5; parked [3] 35:9; 40:21; mouth [1] 185:5 1 Notary [1] 1:20 obvious [1] 18:21 88:13, 18; 89:21; 90:8; 69:21 Move [2] 60:10; 84:7 note [3] 113:21; 114:3; Obviously [2] 138:19; 94:17; 114:9 parks [1] 104:18 move [2] 92:10; 148:12 121:1 149:15 opportunity [2] 48:19; part [26] 15:19; 27:4; moved [1] 27:2 notice [1] 1:17 obviously [5] 24:13; 65:3 61:12; 70:11; 73:1; 79:21; moving [1] 40:18 i NUMBER [1] 3:6 51:19; 54:15; 56:9; 101:12 opposed [1] 48:2 83:5, 6; 85:16, 19; 88:4; MS [23] 65:9, 15; 66:8; Number [5] 1:7; 3:15, Occasion [1] 143:17 option [1] 158:13 92:10; 97:18; 101:2, 3; 112:16; 113:14, 19; 115:3, ! 17, 19; 153:1 occasion [18] 73:7; 74:17; options [1] 158:17 114:13; 141:17; 150:13; 6, 10, 12, 18, 21; 116:13, number [16] 4:5; 15:1; 78:14: 106:19; 120:1; order [1] 91:3 160:22; 172:1; 174:18, 22; 17; 117:4; 120:20; 141:13; j 23:12; 44:3; 85:2, 7; 125:5, 12; 126:4; 127:13; orders [1] 114:1 175:4; 181:12; 183:5, 9 142:2, 9, 17; 152:1; ; 93:20; 120:18, 19; 140:11; 129:12; 137:3; 139:20; organism [1] 100:22 part-time [2] 20:22; 28:9 167:18, 22 j 141:20; 142:1; 154:14, 18; 143:14, 16; 148:18; organization [1] 20:16 participate [2] 108:17; Ms [1] 156:3 ! 155:22; 169:19 160:11; 161:21; 162:3 organizations [1] 49:9 125:12 Mutual [45] 2:19; 5:4; i numbered [2] 120:11; occasional [2] 8:2; 76:10 original [1] 102:20 participated [3] 67:21; 18:8; 27:14; 36:6; 47:7; i 141:21 occasionally [1] 130:10 originally [1] 99:16 112:1, 6 49:10, 16; 50:10, 18; i numbers [1] 141:14 occasions [2] 75:8; ought [1] 15:9 particle [1] 102:1 53:15, 17; 56:21; 57:10; numerous [3] 26:2; 38:6; 124:17 ourselves [1] 11:19 particulate [1] 66:22 58:22; 59:9, 11, 20; : 140:16 occupational [6] 6:13; outdoor [1] 104:17 parties [1] 1:21 60:13, 16; 61:4, 12, 18; 64:10; 66:14; 67:11, 21; Nursery [1] 63:7 nurses [2] 40:1; 182:8 8:8: 17:3; 27:17; 140:10, ! 22 outfit [1] 52:21 outflow [2] 31:9; 135:15 partly [1] 179:18 partner [1] 55:12 68:9; 74:19; 75:13; 76:3, Nussbaum [1] 2:11 i occur [4] 17:3; 66:21; I outlays [6] 136:11; party [1] 109:13 13; 92:3, 20; 93:4, 16; | 87:4; 111:20 137:16; 138:2, 14; 139:2, pass-through [1] 45:20 94:11; 95:18, 21; 97:8; occurred [4] 42:16; 50:9; 9 patent [3] 102:5, 6 107:4; 109:12; 110:16; 144:14 myself [1] 111:11 -N- N.W. [4] 1:19; 2:3, 8, 12 name [11] 5:3, 5, 16; 29:2; 39:10; 100:12, 14; 133:8; 155:2; 161:4; 173:18 named [1] 112:14 names [4] 94:6; 111:14; 126:22; 132:6 nasty [1] 57:22 National [3] 8:15; 140:17 natural [1] 102:13 nature [2] 102:9, 11 nearby [1] 36:19 necessitated [1] 122:3 needs [1] 93:12 negative [3] 51:8; 53:9, 12 negatives [1] 52:10 neighbor [1] 26:5 neighborhood [1] 70:4 neighboring [1] 56:13 neighbors [7] 24:8, 12, 14, 16; 26:3, 4; 126:19 nest [1] 101:11 Nevada [4] 164:8, 9, 10; 165:15 newly [1] 7:2 newsletter [1] 143:21 newsletters [2] 143:19; 150:14 nitrate [3] 35:9; 37:6, 7 Nitro [11] 42:1, 19, 21; 54:3, 4, 11, 12, 18; 170:2, 5; 173:1 nitrobenzene [2] 122:14; 123:10 nobody [1] 55:11 nomenclature [1] 48:5 NON-ARBITRATION [1] 1:9 uonbiodegradable [1] 100:6 Oakridge [1] 38:18 68:21; 177:15 oath [2] 155:15; 167:15 occurring [1] 50:17 ; obey [1] 152:14 occurs [1] 156:9 Object [59] 13:15; 15:8; off-specification [2] 31:22; 33:20; 34:4; 37:3; 99:21; 102:19 i 55:18; 57:1, 12; 59:18; office [6] 5:9; 22:20; 63:11; 69:1, 12; 70:9, 16; 27:2; 59:8; 144:1; 174:15 71:4, 11; 72:4; 75:17; officer [2] 26:16, 17 , 80:16; 81:15; 82:9; 84:15; officers [1] 158:14 j 88:17; 90:2, 13; 93:6; offices [3] 1:17; 4:7; ! 101:20; 108:1, 22; 109:9; 153:7 110:21; 119:20; 120:5; officials [4] 47:1; 108:20; 123:1; 124:13; 151:18; 153:14 125:1, 9, 14; 126:13; oftener [1] 180:9 128:6; 131:12, 19; 134:13; Oh [17] 13:8; 39:6; 138:4; 146:1, 9; 148:22; 40:16; 43:11; 54:14; 61:5; 149:6; 150:1, 22; 151:21; 62:16; 74:3; 85:12: 91:1. 152:11; 153:21 9; 135:7; 137:20: 146:17; object [6] 92:9; 110:8; 147:6; 160:4; 184:8 112:16; 117:14; 142:2, 6 oh [1] 39:6 objected [1] 90:4 OU [2] 103:14, 15 Objection [81] 9:11; oil [3] 38:2; 103:13; 13:7; 14:5; 21:6; 24:9, 10; 104:19 25:6, 7, 12, 19; 36:21; oils [1] 135:16 39:18, 19; 41:15; 49:15; Okay [3] 49:5; 63:22; 50:12; 53:19; 54:9; 55:17; 168:21 57:14; 59:13, 14; 60:10; okay [1] 65:6 61:14; 63:1; 64:11, 17; old [1] 7:12 67:14; 68:1, 15; 69:1, 3; on-site [1] 20:13 70:18; 713; 72:5; 74:7, One-page [3] 3:14, 16, 21; 75:18; 76:5; ! 18 j 77:21, 22; 78:5, 10, 19; j one-page [3] 141:19, 21, 79:18; 81:5, 14; 82:22; i 22 83:2, 13; 84:14; 86:9; ones [6] 18:22; 47:22; 87:16; 88:8, 16; 90:1; 69:4; 89:19; 171:22; 180:1 95:22; 97:10; 98:13; onion [1] 63:7 106:21; 107:11; 108:9; Open [2] 104:7; 105:9 112:3; 119:6, 13; 125:15; open [6] 104:5, 6; 105:6, 129:4; 130:12; 131:4; 8; 106:11; 107:8 132:8, 20; 133:2, 14, 20; opened [1] 39:11 134:12; 136:4, 13; 139:10. operate [1] 69:13 22; 159:8; 168:16 operated [1] 75:21 objection [40] 13:16, 20; operating [1] 21:4 34:6, 8, 9; 90:3, 21; operation [10] 20:15; 98:15; 110:10; 113:3, 4, 30:9; 43:20; 72:7; 79:20: 5, 18; 114:15; 115:3, 7, 88:20; 89:14, 17; 144:6; j 20; 116:1, 7, 11, 19, 22; 145:12 outside [14] 11:19, 20; patents [1] 102:4 15:12; 20:6; 36:17; 40:19; patients [2] 39:5, 22 69:15, 19, 22; 105:17; Patrick [1] 26:2 106:2; 108:14; 159:5; Paul [1] 54:18 160:4 pause [5] 29:15; 90:18; outstanding [1] 63:18 136:18; 137:6, 7 overall [1] 68:12 pay [4] 60:4; 169:22; Owens [2] 3:10; 95:7 170:20; 171:2 owned [3] 173:12, 14; paying [4] 159:6, 11, 16; 174:13 170:15 oxygen [3] 10:15; 42:7; PCB [6] 102:9; 106:6; 182:6 108:16; 147:7; 148:3; -P- 165:10 PCBs [19] 99:4, 8, 12, p-a-p [1] 51:2 15; 101:1; 103:6, 12, 16; p.m. [16] 65:19, 20, 21; 104:14; 106:3, 18; 107:8. 66:1, 7; 85:3, 9; 92:14, 22; 108:21; 145:7; 146:5; 17; 129:19, 22; 154:11, 148:1; 164:13; 165:8 15, 19; 186:8, 9 Pearl [1] 6:21 PAB [16] 41:5; 42:13; Pennsylvania [1] 2:18 44:6, 8; 46:3, 13, 15, 22; pension [1] 158:5 49:11; 50:3, 7, 11; 53:16, people [62] 18:5; 20:17, 18; 54:8 21; 23:10; 26:5; 28:9; PABs [6] 55:6, 7, 21; 30:13; 35:11; 36:2, 5; 56:2, 6, 18 39:4; 43:4, 6, 7, 9, 11, packing [1] 44:18 13; 47:3, 14; 52:3, 7; Page [1] 122:11 53:11, 14; 54:15; 55:9. page [19] 50:4; 58:3; 15; 60:9, 18; 71:20, 21; 63:5, 16; 118:14; 120:10, 76:14; 77:3, 20; 78:3; 11, 17, 18, 21; 122:6, 7, | 80:6, 7; 92:4. 5; 93:20: 10; 123:22; 168:4, 8, 21, i 94:6, 21; 95:1; 96:16; 22 102:18; 104:19; 108:13, paid [5] 31:13; 73:20; 14; 111:3; 119:11, 18; 170:3, 6, 9 121:21; 122:3; 126:21; painful [1] 43:7 127:2; 128:20, 22; 129:9: paint [2] 104:8; 105:10 133:9; 135:16; 171:16; paints [1] 127:3 182:9 Pap [7] 51:2, 13, 18; perceived [1] 150:19 52:3, 8, 18, 19 percent [5] 42:16; 75:11; Papageorge [1] 71:17 88:9; 172:16; 176:22 paper [4] 67:7; 104:9; perfectly [1] 137:1 105:10; 143:3 perform [1] 158:9 Paps [2] 53:9, 13 performed [1] 97:20 para-aminobiphenyl [1] period [26] 12:2; 18:2; 41:5 33:19; 34:15; 43:17; paragraph [18] 50:2, 4; 68:20; 69:8; 73:4; 77:1; 58:4, 5, 13, 14, 18; 63:6, 80:12; 102:14; 125:4; Montreal to period WATER PCB-SD0000062567 Basic Systems Applications Depo of: R. EMMET KELLY Monsanto y Aetna February 2, 1993 CR: 54277.0 Concordance by Look-Seei39) 126:8; 128:2; 129:11; 131:1; 134:3, 10; 135:2; 136:1; 143:12; 144:5, 10. 16; 172:19; 174:13 periods [2] 73:5; 134:5 periphery [1] 69:20 permitted [1] 54:7 permitting [1] 61:12 person [11] 10:18; 14:8; 17:4; 44:18; 51:5; 52:16; 100:12; 111:5; 141:1; 183:17, 19 personal [2] 12:20; 184:22 personally [8] 15:5; 62:8; 73:7, 8, 9, 10; 78:14; 159:11 personnel [2] 27:20; 77:4 pertained [1] 130:3 pessimistic [1] 50:21 phase [6] 30:9; 113:21; 114:4, 8; 142:9, 13 phases [1] 7:17 PhD [1] 62:3 phenyl [1] 56:10 Philadelphia [2] 2:18; 5:4 phosphorus [1] 171:15 phrase [2] 60:5; 166:21 phrases [1] 151:10 physical [2] 16:4; 21:19 physically [2] 16:3; 85:12 physician [5] 6:1, 10, 12, 15; 182:8 physicians [2] 28:4, 5 picked [1] 101:6 pickup [3] 67:7; 141:6 piece [1] 100:8 pieces [2] 38:4; 143:3 pier [1] 40:21 Pine [2] 175:18; 176:8 pipe [2] 104:7; 105:18 pipes [5] 38:4, 5, 12; 105:20; 106:3 piping [1] 32:6 pit [4] 82:8, 12, 16; 98:10 placed [2] 80:11, 14 places [2] 47:9; 177:6 plain [2] 91:21; 130:19 Plaintiff [6] 1:6; 2:4, 6; 4:3; 113:6; 117:9 plan [1] 80:4 plane [1] 38:19 planning [1] 56:22 plans [1] 150:15 Plant [23] 6:10, 11; 8:20; 31:10; 41:20; 43:4; 54:4; 112:14, 17; 113:21; 114:16, 18, 20; 115:2; 116:16, 17; 145:1; 157:3; 171:6; 174:17; 181:22 plant [122] 6:12, 16; 8:20; 13:2; 15:12; 20:14, 16, 17, 19; 21:1; 24:13, 15; 26:6; 31:8, 11, 12; 32:7; 33:19; 34:12; 35:11. 18; 36:16, 20; 37:19, 21; 38:1, 2, 6, 7, 10, 20, 21, 22; 40:15; 41:20, 22; 43:12; 45:18; 54:5, 7; 61:21; 62:16, 17, 20; 69:22; 71:21, 22; 72:11; 73:16; 76:19, 21; 77:13; 78:3, 9, 15; 79:1, 8; 85:15, 17, 20; 88:5; 89:9, 18; 93:22 ; 94:7; 97:15; 98:12; 99:1; 111:10; 112:13; 115:14; 118:21; 119:12; 121:15, 17; 123:21; 124:6; 138:20; 142:4, 5, 11; 143:21; 144:1, 21, 22; 145:2; 150:6, 7; 151:14; 152:8; 153:5; 157:2, 8; 171:5; 173:5, 9, 10, 18, 19, 20, 21; 174:7, 8; 177:18, 19, 20; 179:16; 180:12, 19; 181:5, 8, 10, 20; 182:2, 18; 183:20; 185:8 planted [1] 178:3 plants [91] 9:19; 15:7; 19:10, 12, 20; 20:6, 9; 21:1, 5, 19; 24:8; 30:13, 21; 31:6; 32:18; 34:21; 45:2; 47:19; 60:20, 21; 61:13; 62:12, 15; 66:13; 67:13, 20; 68:6, 18; 69:11, 14, 20; 71:18; 72:2, 6, 22; 74:3, 5; 76:4, 13; 89:1; 109:20; 110:18; 111:21; 118:4; 119:17, 19; 121:22; 122:22; 123:6, 19; 124:3, 22; 132:1, 16; 139:21; 140:15; 149:16; 150:16; 171:9, 22; 172:2, 4, 7, 9, 16, 18; 174:12; 177:4, 9, 10; 178:7, 15, 17, 18, 21; 179:20; 180:3, 8, 10; 181:16, 19; 182:21; 183:3, 7, 14; 184:1, 5, 7, 18, 19 plasticizer [1] 104:8 plate [1] 164:1 plates [1] 97:3 play [4] 67:12; 70:6, 14, 22 playing [1] 71:6 Plenty [1] 38:2 plight [1] 137:3 plus [2] 10:17; 52:21 plywood [1] 178:19 point [14] 7:10; 26:1; 30:14; 65:4; 71:17; 79:6; 86:15, 17, 21, 22; 91:16; 114:10; 117:17; 186:2 pointed [1] 168:2 pointing [2] 32:12; 130:11 pole [1] 106:5 police [7] 31:9; 32:17; 43:21; 73:18, 22; 74:2, 3 policies [7] 75:15; 98:10, 21; 126:3; 128:10, 15; 153:17 policy [18] 22:16; 25:3, 10, 16; 26:21; 61:11; 69:9; 72:14, 20; 73:2, 6; 84:1, 10; 126:5, 7; 129:13; 152:7; 153:20 policyholder [1] 60:7 policyholders [1] 60:3 pollution [11] 79:3; 126:10; 127:6, 15; 128:4; 150:5, 6, 10, 15; 182:13; 185:18 polychlorinated [1] 147:22 polyethylene [1] 181:6 Pont [1] 11:8 pool [1] 164:17 portfolio [1] 15:17 portion [1] 122:7 position [6] 7:4; 9:8; 86:5; 113:7; 142:10; 157:5 positive [1] 139:14 ' positively [1] 25:20 possibility [6] 10:11; 12:22; 19:6; 23:4; 29:7; 96:5 postgraduate [1] 8:2 potential [6] 15:13; 64:6, 15; 73:20; 106:18; 117:13 pounds [1] 96:15 Power [3] 164:8, 9; 165:15 practice [6] 84:12, 18; 131:2, 10; 132:17, 22 practices [2] 121:21; 135:22 praise [1] 147:10 preaching [1] 150:4 precisely [1] 32:20 predicate [4] 113:3, 4, 16; 114:15 predict [1] 119:4 prep [1] 165:21 Preparation [l] 162:2 preparation [1] 160:13 preparing [1] 170:21 presence [2] 67:1; 99:8 PRESENT [1] 2:20 Present [1] 5:10 present [11] 1:21; 44:2; 56:15; 68:11; 93:18; 97:15; 101:16; 103:18; 155:17; 160:20; 163:6 president [4] 36:3; 40:11; 60:16; 110:5 presidents [1] 72:21 presumably [1] 109:15 presume [1] 95:10 Pretty [2] 89:6; 169:19 pretty [12] 43:18, 20; 45:10; 51:7; 96:2; 100:17; 104:16; 109:1; 147:10; 149:13; 169:18; 181:14 prevalent [5] 80:13; 84:12, 18; 131:10; 135:22 prevent [1] 21:10 prevention [18] 58:5; 59:1; 60:1, 13; 62:4; 63:6; 64:10; 66:15; 109:19; 110:17; 111:11, 20; 119:11; 121:14, 20; 122:21; 123:5, 16 preventive [3] 6:14; 8:9; 16:2 prevents [1] 42:6 previous [1] 61:19 previously [1] 66:4 primarily [2] 35:8; 130:3 principles [1] 132:6 Prior [1] 32:10 prior [5] 32:10; 120:18; 125:5; 134:8; 157:2 problem [33] 15:14; 23:1; 30:22; 31:14, 15; 33:4; 36:15; 42:12, 14; 44:4; 45:22; 46:6, 14; 51:4; 53:16, 18; 54:8; 55:3; 57:11, 17, 22; 61:16, 18; 65:2; 76:12; 79:3; 96:8; 101:13; 102:21; 106:18; 134:20; 147:7; 171:14 problem-free [2] 34:16, 18 problems [12] 21:11; 34:21; 35:4; 36:6; 41:2; 47:19, 21; 73:21; 126:17; 135:8; 180:8; 182:11 procedure [3] 9:22; 23:19; 84:22 procedures [3] 21:10; I 33:6; 77:9 proceeded [1] 37:16 process [11] 18:12, 15; 57:18; 81:13; 85:16, 17; 88:4; 97:18; 135:21; 145:14; 171:15 I ' ; I ! j processes [1] 121:10 Proctor [1] 58:10 prodded [1] 135:17 producers [1] 96:3 product [37] 10:17, 22; 11:3, 6, 8; 16:13; 18:17; 19:4; 22:4, 15, 17; 23:5, 11; 26:12; 35:8; 41:4; 42:12; 45:7, 10, 12; 46:5, 8; 56:13; 101:14, 19, 21, 22; 102:5, 9, 13; 104:21; 105:1; 147:22; 148:3; 183:18 production [1] 99:15 products [21] 9:20; 10:3, 5; 16:12, 14; 21:12; 23:17; 34:17, 22; 41:2; 45:16; 56:8; 62:12, 15, 19; 64:5, 16; 183:3, 10; 184:1, 6 profession [1] 55:1 professional [1] 64:22 professionals [1] 61:10 profit [1] 45:9 program [5] 6:14; 16:3; 51:5; 148:4; 158:13 progress [1] 57:10 prolonged [1] 52:15 prominent [1] 27:4 promotional [1] 144:4 properly [1] 155:5 property [2] 46:19, 21 protect [6] 9:21; 183:17, 19; 184:9, 20; 185:14 protected [3] 14:8, 11; 153:9 protecting [1] 183:20 protection [2] 10:1; 57:19 protective [7] 12:20, 21; 44:19; 87:19; 184:13, 17; 185:1 protozoa [3] 100:21; 101:3, 4 prove [1] 114:18 proved [3] 17:10; 53:4; 90:9 proven [1] 45:1 provide [3] 20:13; 60:14; 149:20 provision [1] 53:8 Public [2] 1:20; 8:16 public [8] 27:15; 35:10; 131:3; 135:7; 145:21; 146:18; 153:3 published [3] 8:10; 11:11; 55:2 pump [2] 14:15; 44:18 purely [1] 29:5 purpose [9] 9:15; 10:1; 32:19; 33:1; 94:14; 114:21, 22; 118:10; 162:1 purposes [3] 114:17; 139:2, 8 pursuant [3] 1:17; 113:22; 142:11 purview [1] 40:20 Putnam [1] 94:5 Putting [1] 180:18 putting [3] 22:11; 87:15; 171:13* I -----------^------------ quadrillions [1] 83:16 quality [1] 26:11 quantity [1] 67:6 quarterly [1] 74:15 I Queeny [23] 6:10; 8:20; | 26:2, 15; 31:9; 36:2; 40:2; | 41:19; 43:4, 8; 54:4; | 112:14, 17; 113:21; 114:16, 18, 20; 115:1; 116:16, 17; 157:3; 171:0; 174:17 question [21] 13:21; 15:19; 25:14; 34:7; 52:20; 70:12; 76:6; 98:16; 124:19; 127:12, 14; 136:16; 137:4, 10; 138:6: 142:21; 151:5; 152:3; 155:6; 169:7; 184:5 questioning [2] 116:5; 121:4 questions [9] 13:16; 115:8; 133:22; 154:7; 155:22; 156:4; 183:6. 9; 184:3 -R- R-i-c-e-b-o-r-o-u-g-h [1] 100:15 RJ. [2] 3:11; 95:8 raft [1] 36:1 railings [2] 44:2, 10 raised [1] 120:3 raising [1] 113:5 ran [4] 44:16; 52:10; 85:15; 177:16 Rand [5] 36:3; 40:2, 10; 60:16 rate [5] 37:18; 170:9, 13, 18; 171:1 raw [6] 10:3, 4; 32:7, 8; 41:19; 174:20 reaction [5] 56:5; 57:10; 108:19; 145:19; 146:7 reactors [1] 97:1 read [15] 49:6; 58:14, 15; 63:16; 64:2; 109:4; 126:5; 129:13; 141:13; 143:4, 6, 7; 147:17; 148:13 reading [1] 111:14 reagents [1] 44:5 real [2] 17:1; 53:3 reason [1] 90:19 reasonable [1] 138:22 reasons [4] 79:17; 80:8; 106:10; 142:5 rebuilding [1] 40:15 rebuilt [1] 40:16 recall [47] 28:8; 39:17: 56:4; 57:9; 65:2; 66:15; 68:8, 11, 12; 75:13, 19; 76:3, 12; 80:13; 82:7; 83:11, 22 ; 93:15; 94:19; 95:19; 96:19; 97:14; 98:8, 19; 107:20; 108:6, 11, 19; 109:8; 110:15, 20; 117:7; 118:3; 119:11; 120:1; 122:1, 20; 123:4, 15; 124:20; 127:20; 146:6; 147:1; 152:7; 155:10; 156:13 receipt [1] 99:7 receive [4] 23:16; 111:17; 145:19; 158:5 received [5] 7:20; 111:19; 119:16; 140:16; 158:16 receiving [7] 118:3; 122:20; 123:4, 15; 124:20; 134:19; 146:6 recent [1] 64:2 recertified [1] 8:7 Recess [3] 85:5; 129:20; 154:12 recessed [1] 65:21 reclaim [1] 77:15 reclaimer [2] 86:2; 88:10 recognize [2] 94:6; 167:12 From periods to recognize WATER PCB-SD0000062568 Basic Systems Applications_____ Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277,0 Concordance by Look-Seel40) recollect [2] 120:6; 151:3 93:17; 94:4, 14, 22; 96:9; response [2] 61:3; 62:21 . safely [2] 22:1; 175:9 recollection [4] 94:10; 97:12; 112:12; 123:20; responsibilities [3] 9:3; ! safer [2] 52:17; 106:15 112:9; 156:8; 172:6 125:16; 132:4; 138:18; 29:4; 33:12 j Safety [5] 21:17, 19; recommend [1] 21:9 139:4. 7; 140:1; 160:21; | responsibility [9] 12:15; j 140:1, 2, 17 recommendation [2] 161:4, 5; 163:18; 166:16; 2213; 40:19; 71:6; 148:6; 1 safety [26] 12:18; 21:3, 15:14; 94:21 167:15; 172:13, 18; 173:7; 153:8; 177:3; 182:15; 16; 24:3; 25:5, 11, 17, recommendations [16] : 178:4, 22; 179:7; 184:14, | 183:5 20; 26:6, 8, 22; 39:17; 15:16; 18:14, 21; 19:5, 15 ' responsible [9] 12:19; 40:17; 42:21; 60:17; 61:2; 17; 68:9; 99:3; 121:19; remodeling [1] 31:11 ! 21:22; 29:6; 36:14; 72:6, 69:10; 94:1, 2; 108:19; 123:17; 136:11; 137:15, removed [1] 97:2 8; 73:15; 147:19; 178:6 111:10; 139:21; 145:20; 18; 138:2, 13; 139:7; renovation [1] 31:21 rest [1] 51:6 148:20; 149:15; 150:5 171:18 repair [1] 40:14 restate [2] 13:22; 137:5 salaried [1] 10:1 recommended [1] 13:13 Repeat [1] 123:2 result [5] 17:6; 72:9; sale [1] 108:21 recommending [3] repeat [7] 82:3; 98:16; 85:17; 95:20; 97:7 sales [3] 22:14; 47:20; 12:19, 20; 124:21 : 138:6; 142:18, 20; 155:7; resumed [1] 66:4 183:12 reconvene [1] 186:10 176:4 retained [2] 104:12, 13 salesman [1] 22:19 reconvened [1] 65:21 rephrase [3] 39:20; retainer [1] 157:13 salesmen [1] 23:21 record [38] 5:16; 29:19. 70:19; 155:7 retire [1] 7:7 sample [2] 44:16; 71:21 20, 22; 30:1; 42:22; : report [8] 32:14; 60:21; retired [8] 7:14, 16; samples [3] 18:3; 44:15; 48:11, 14, 15; 65:9, 15, 18; 66:6; 85:3, 4, 8; 74:13, 15; 76:11; 77:8; i 122:2, 6 . 26:20; 27:1, 6; 156:19; 157:11; 181:17 183:12 SARFATTI [1] 33:22 92:13, 15, 16; 111:13; : reported [6] 73:12; 74:9, retirement [1] 7:15 sat [1] 101:11 114:9; 117:4; 120:21; i 12; 101:8; 125:20; 126:22 returned [1] 8:22 satisfactory [5] 32:12; 129:18, 21; 139:21; ; reporter [5] 4:10; 155:17, reveal [1] 119:3 33:3; 90:9; 184:10, 11 140:13; 141:11, 14; i 20; 164:18, 22 review [3] 32:19; 33:1; satisfied [2] 88:21; 96:4 142:18; 154:8, 10, 14, 16. ! Reporters [1] 4:11 118:7 save [2] 52:13; 151:12 19; 167:18; 186:6, 8 l reporting [1] 96:12 reviewed [4] 63:19; saying [4] 23:22; 39:1; recycle [1] 89:15 | Reports [1] 3:13 77:19; 78:3; 118:10 65:1; 126:18 recycler [3] 77:14; 86:2; reports [13] 111:8, 17, reviewing [3] 31:20; Schatz [3] 3:11; 94:4; 88:10 19; 118:3, 7; 119:16; 130:8, 17 95:8 red [l] 44:7 122:2. 3, 20; 123:4, 15; ' Riceborough [1] 100:15 I SCHIFFER [24] 2:10; refer [4] 32:16; 42:13; 124:20; 129:2 RICHARD [1] 2:7 65:9, 15; 66:8; 112:16; 49:7; 143:20 represent [4] 4:21; 5:1, rid [1] 100:6 113:14, 19; 115:3, 6, 10, reference [5] 50:1; 58:7; 4; 159:6 Right [3] 50:8; 137:11; 12, 18, 21; 116:13, 17; 95:12; 123:9; 124:2 representatives [11] 173:6 117:4; 120:20; 141:13; referred [6] 21:19; 23:6; 56:21; 58:21, 22; 59:2; right [35] 22:8, 21; 142:2, 9, 17; 152:1; 46:8; 92:19; 140:2; 160:15 66:13; 67:12; 74:19; 31:10; 35:10, 18, 19; 167:18, 22 Referring [2] 58:3; 69:8 108:7; 120:1; 125:6; 43:12; 50:5; 57:22; 61:8; Schiffer [2] 66:8; 156:3 referring [5] 80:12; 82:6; 127:19 62:19; 63:6, 15; 65:12; Schwalb [4] 1:18; 2:2; 134:9; 143:10; 153:5 represented [1] 158:21 89:19; 104:19; 112:19; 4:7, 22 refers [5] 49:2; 58:12; representing [3] 49:12; 113:9; 115:7; 116:7, 20; science [1] 7:21 59:10; 63:7; 120:9 162:14,22 117:7; 118:12; 137:11; scientific [3] 12:8; 17:13; refinery [1] 38:2 request [5] 62:11, 14; 145:3, 15; 150:6; 157:21; 60:8 reflect [1] 111:13 ' 115:6; 130:9; 142:18 164:2, 5; 168:8, 15, 22; scientist [2] 62:4; 64:20 reflected [2] 33:6; 143:12 require [1] 58:19 180:15 scientists [2] 60:7; 95:18 refugees [1] 181:6 research [16] 28:16; River [3] 118:20; 131:22; scope [4] 9:3; 113:1; regard [1] 112:18 58:21; 59:2, 10, 11, 21; 132:3 114:6; 115:11 regarding [4] 76:3; 71:20: 94:1, 3; 95:14; river [9] 100:7, 8; Scotland [2] 177:5; 179:4 113:17; 134:15; 165:22 97:21, 22; 98:2, 3, 6 131:11, 18; 132:1; 133:6, se [2] 16:8; 92:7 registered [1] 153:15 reserve [l] 117:15 8; 134:11; 135:16 Second [1] 47:2 regular [10] 21:1; 45:21; resident [1] 8:1 rivers [2] 131:3; 135:13 second [12] 10:11; 26:11; 56:20; 74:4; 75:2. 4; residue [1] 88:4 Robert [1] 5:17 37:10; 39:1; 43:14; 58:3; 77:19; 129:2; 171:11; resigned [1] 108:11 Roderick [1] 147:11 70:11; 122:8, 13; 147:16; 174:15 resolution [1] 108:16 role [14] 10:19; 12:12; 161:14 regularity [1] 77:9 resolved [1] 117:19 18:13; 24:6; 35:20; 53:15; section [2] 24:19; 36:5 regulated [1] 151:18 resolving [1] 57:11 67:11; 70:5, 15, 22; 71:6, sections [1] 74:15 regulation [1] 152:9 respect [80] 10:4; 12:10, 7; 78:21; 79:5 sector [1] 145:21 regulators [1] 47:1 13; 18:14; 21:16; 22:7; roles [1] 136:8 seeking [1] 60:6 regulatory [1] 108:20 24:7; 25:4, 8, 11, 17; roll [1] 9:22 self-emptying [2] 14:19; Rein [2] 2:7; 5:6 26:21; 33:10; 34:14. 21; rolling [2] 165:9; 177:8 19:1 reiterate [1] 142:13 40:14; 46:21; 50:1, 11; room [2] 45:20; 155:17 seU [6] 32:8; 42:8; 55:12, relate [3] 142:3; 144:20; 53:15; 55:5; 58:13; 61:11: rooms [1] 45:19 14; 105:14; 106:10 145:5 69:10. 11; 70:5, 7, 15, Rotzler [1] 94:4 Selling [2] 105:7, 8 related [5] 16:7; 35:4, 8; 22; 72:2, 14; 74:9; 75:15; roughly [1] 65:7 selling [3] 106:11; 107:7, 99:8; 116:14 78:8, 22; 80:11, 14; 82:7; routine [1] 52:3 8 relates [2] 114:19; 115:14 84:11; 86:6; rubber [5] 14:9; 41:6; send [3] 24:3; 74:14; relating [11] 14:4; 24:7; 88:14; 89:20, 21; 92:20; 47:9; 56:16 128:17 63:6; 69:10; 73:6; 115:1; 94:12; 95:21; 97:8, 21; rule [1] 182:14 sending [1] 151:13 116:7; 129:13; 151:17; 98:10. 21; 108:16; 114:17; run [4] 52:8, 10; 179:18; sense [1] 15:16 152:9, 19 116:11, 12; 119:7; 121:4; 186:1 sensitivity [1] 148:6 relation [1] 81:18 123:18; 124:19; 125:7, 8, running [4] 44:17; 52:17; sentence [3] 58:18; relations [1] 146:19 13; 126:3, 8, 10; 127:14; 177:19, 20 63:18; 64:1 relationship [3] 23:2; 128:3; 132:17, 22; 134:10; Russ [1] 111:10 separate [2] 164:4; 81:8; 176:20 Relatively [1] 103:17 136:2; 137:16; 146:5; 148:10, 20; 149:4, 21; ---------- 166:11 serious [2] 15:1; 64:6 released [1] 70:2 reluctant [1] 51:10 rely [1] 53:13 remain [2] 26:15; 56:20 remember [29] 75:2; 152:8; 153:17, 20; 169:5 respective [1] 1:21 respirator [3] 185:3, 4, 7 respirators [2] 12:21; 185:1 S-w-e-n-s-o-n [1] 100:13 sad [1] 41:11 safe [9] 13:6; 17:9; 21:9; 22:11, 15; 55:11: 69:14; 92:8; 185:13 service [7] 6:20; 7:1; 18:10; 20:14; 21:3; 157:18; 177:17 j services [2] 18:7; 60:13 i SESSION [1] 66:1 i j I sessions [2] 160:3, 5 Seton [1] 94:2 Seven [1] 172:6 seven [1] 179:12 sewer [2] 32:12; 130:11 sewers [1] 150:8 shake [1] 97:4 shareholders [2] 18:10: 26:12 sheet [3] 32:5, 11; 33:1 sheets [6] 24:3; 32:22; 33:2; 73:19; 130:8, 11 shells [2] 101:10, 12 ship [7] 35:9; 36:19; 37:2, 10, 17; 38:5; 39:2 shipping [1] 35:2 ships [1] 37:4 show [4] 32:6, 7; 91:20 shower [1] 45:21 showing [1] 100:11 shrapnel [1] 38:6 shrimp [2] 101:3, 5 shut [1] 38:13 sick [1] 87:12 sides [1] 154:9 sight [1] 103:4 significance [1] 45:7 significant [1] 45:10 signs [1] 17:2 Silbert [3] 1:18; 2:2; 5:1 silicosis [1] 141:3 simpler [1] 139:5 single [1] 143:3 singled [1] 148:7 sir [76] 50:6; 59:12; 78:1; 109:4; 110:12; 118:9, 18: 120:6; 122:16, 19; 123:8. 14; 125:2, 10; 127:17; 131:5; 137:17; 155:1, 12. 14, 16, 18, 21; 156:7, 18, 20; 157:4, 6, 7, 10, 19, 22; 158:2, 3, 10, 15, 18, 22; 159:16; 160:9, 11. 20; 161:17, 19, 21; 162:11; 163:7; 164:5, 6, 19; 168:5, 10. 12; 169:3, 6, 9; 170:9, 14, 18; 171:3, 7; 172:5, 21; 173:7; 174:16; 175:15. 22; 176:4; 179:9, 21; 181:4; 182:19; 184:19; 185:2, 3, 10 sit [2] 126:4; 129:12 site [5] 116:14; 142:5, 8, 9, 10 sites [24] 77:17; 112:18. 19, 20, 21, 22; 113:8, 10, 16, 17, 22; 114:2, 4, 5. 8, 12; 116:5, 15, 21; 117:6, 8; 119:2 sitting [4] 101:14; 106:5; 107:13; 129:6 situation [3] 19:17; 41:12; 47:7 six [14] 21:1; 37:11; 39:2; 52:10; 60:15, 22; 68:5; 75:6; 87:7; 89:6; 109:21; 157:5; 161:22; 179:11 size [2] 32:6; 131:21 skill [1] 83:4 skills [1] 83:9 Skin [1] 97:6 skin [1] 14:8 Skinker [1] 5:19 sleeping [1] 181:6 Slonn-Kettering [2] 52:21, 22 smaller [2] 83:18, 19 smear [1] 51:13 smelling [1] 66:22 recollect to smelling WATER PCB-SD0000062569 Basic Systems Applications_____ Depo of: R. EMMET KELLY Monsanto v Aetna February 2. 1993 CR: 54277.0 Concordance by Look-Seel41) SNIVELY [2] 2:4; 5:10 Snively [14] 5:10; 159:2; 161:6, 7; 162:16, 21; 163:2, 5. 8, 10, 14, 16, 20 so-called [5] 77:12; 81:11; 108:16; 127:15; 139:21 society [1] 148:9 Soda [2] 72:11; 127:5 soil [2] 80:11, 15 sold [4] 42:2; 56:15; 77:14; 183:11 solely [1] 21:4 solicitous [1] 40:3 Solid [1] 31:3 solid [5] 31:1; 67:7; 83:22; 118:22; 120:4 solids [2] 31:17; 33:17 solvent [1] 17:5 somebody [8] 15:14; 53:9; 62:8; 65:13; 94:22; 95:1; 147:8; 160:21 somehow [1] 150:20 someone [2] 11:4; 126:21 somewhat [2] 113:5; 119:1 son [1] 26:3 Soot [1] 3:9 soot [23] 89:12; 92:1, 6, 21; 93:12, 13, 14, 16; 94:12; 95:10, 11, 21; 96:7, 13, 14, 21; 97:1, 9. 14, 22; 98:5, 11, 22 soots [1] 96:7 sorry [2] 90:17; 176:4 sort [10] 12:17; 32:5; 36:6; 46:5; 94:1; 105:11; 125:7; 129:5; 137:4; 171:13 sorts [1] 61:1 sounded [1] 24:1 South [1] 5:19 southern [1] 173:16 Spain [2] 179:2, 11 speak [1] 133:4 specialist [3] 120:13; 121:8, 14 specialists [2] 121:20; 123:17 specialty [1] 79:4 specific [6] 75:5; 78:8; 122:21; 123:6; 134:4; 184:16 specifically [2] 105:13; 168:5 specifications [1] 18:16 specs [1] 102:20 Speculation [1] 68:15 speculation [16] 25:13; 80:18; 82:10; 83:14; 84:16; 87:17; 126:14; 128:7; 131:13, 20; 133:3, 15; 134:13; 151:1; 152:12; 153:22 spell [3] 30:8; 164:18, 21 spend [2] 138:16; 177:2 spending [1] 150:10 spent [6] 60:15, 19, 20; 98:6; 150:13; 170:20 spill [1] 87:3 spilled [1] 87:8 spills [1] 150:7 spirit [1] 154:6 split [1] 184:3 spoke [2] 66:12; 109:2 spot [5] 14:13, 14; 19:3. 5; 109:16 spots [1] 29:12 spray [2] 44:5; 127:2 sprayed [2] 126:19; , 82:15; 97:4; 100:7; 102:5; 128:20 | 103:20; 104:5; 106:16 spraying [1] 69:21 styrene [7] 85:11, 15; Springfield [1] 173:1 86:7, 14, 19; 88:3; 89:6 Springs [2] 72:11; 127:5 Subject [1] 34:8 sputum [1] 51:20 subject [20] 12:10; 16:6; Square [1] 2:16 58:8, 13; 76:16; 82:3; St [31] 2:6; 5:19; 6:11; 92:20; 93:10, 11, 16; 7:21; 8:1, 21; 15:12; 19:9; 98:15; 110:17; 118:15; 23:3; 36:2; 40:1. 6; 41:20, 125:13; 127:19; 132:17; 21; 43:1: 59:8, 22; 95:15; 136:14; 137:5; 146:5; 143:22; 145:8, 9, 10, 11, 164:11 14; 160:10; 173:2, 3, 16; subjected [1] 10:18 174:17 subscribe [1] 91:5 stacks [1] 31:1 subsequent [4] 112:21; stage [3] 43:2; 90:12 113:7, 9; 117:8 stand [2] 66:4; 113:18 subsequently [1] 6:18 standard [1] 9:22 subsidiaries [1] 172:14 standing [2] 35:12; 115:7 substances [1] 10:8 standpoint [4] 16:4; substantiated [1] 96:11 62:5, 6; 76:19 substitute [2] 104:21; stands [1] 115:3 106:14 Start [1] 90:18 substitutes [2] 56:8, 9 start [4] 50:3; 81:9; substituting [1] 14:22 99:11; 182:2 suburb [1] 173:16 started [10] 28:13; 29:5; subways [1] 104:15 33:8; 38:6; 43:4, 11; sudden [1] 36:12 101:18; 126:9; 156:16; sufficient [3] 46:11, 17; 177:20 86:11 starts [3] 63:18; 150:5, 6 ] suggest [1] 18:18 STATE [1] 1:2 suggestions [5] 57:17, state [21] 4:6; 5:16; 47:1, 19; 61:1, 3; 138:18 3; 51:2; 52:3; 54:13; 80:4; Suite [2] 1:19; 2:3 84:4; 88:21; 98:14, 16; suits [1] 63:19 119:1; 135:17, 19; 153:7, sulfonyl [1] 124:1 12; 167:18; 170:3 Sunday [1] 126:20 state-of-the-art [4] 33:6; superintendent [2] 73:17; 84:22; 86:11 62:18; 182:3 stated [2] 117:21; 142:5 superintendents [1] statement [4] 115:12; 182:4 120:7; 151:2; 169:14 SUPERIOR [1] 1:1 statements [1] 45:3 Superior [1] 4:6 States [8] 19:11; 41:8; supplement [1] 67:18 56:16; 149:10; 172:5; supplemented [1] 67:4 178:7, 21; 180:4 suppose [1] 161:22 states [2] 52:8; 64:1 supposed [3] 32:16; station [1] 17:21 73:18; 109:20 statistical [1] 140:21 SURETY [1] 1:9 statistics [1] 140:9 Surety [1] 4:4 status [1] 24:20 surrounding [1] 24:8 Stayed [1] 81:1 survey [1] 120:13 stayed [1] 80:21 surveys [1] 109:19 Steely [1] 68:5 suspected [2] 94:19; steps [3] 44:2; 97:8; 96:20 145:20 suspicion [2] 42:16; stock [4] 158:11, 13, 17, 46:20 19 suspicious [2] 42:18; stop [8] 45:12; 55:6; 96:10 56:6, 19; 69:22; 104:5; sustain [2] 135:13, 14 105:2; 107:7 Swann [8] 99:12, 14, 18; stopped [5] 55:21; 100:2; 102:2, 4, 17; 173:15 104:10, 11; 105:6 swear [1] 4:15 stopping [1] 186:2 Sweden [1] 100:12 story [1] 103:18 Swenson [1] 100:12 straightforward [1] 96:3 swimming [1] 164:17 stratum [1] 84:20 sworn [2] 4:18; 66:4 stream [5] 130:18, 22; sympathetic [1] 137:3 131:11, 22; 133:7 symptoms [3] 17:2; 52:3; streams [4] 72:10; 131:3; 91:17 133:9; 135:11 system [5] 53:2; 105:16; Street [5] 1:19; 2:3, 8, 106:4; 133:7, 10 17; 4:8 systems [4] 105:14; street [2] 4:12; 69:22 106:11, 14; 107:9 strike [5] 60:10; 84:7; 92:10; 115:13; 148:12 -T- strongly [1] 53:13 studies [3] 12:3; 98:8, 19 study [1] 50:18 studying [1] 53:16 stuff [9] 22:21; 80:21; ! T-r-i-c-h-f-o-r-c-y-a-n-u 1 [1] 165:1 i table [2] 154:9; 181:14 i tables [1] 107:13 I takes [2] 43:5; 66:18 talk [22] 8:18; 28:10; 31:20; 38:21; 43:6; 86:21; 92:2; 108:13; 134:4; 136:22; 137:1; 160:2; 169:8; 180:3; 181:19; 182:4, 6, 8, 9, 11, 12 talked [19] 46:13; 47:3, 4, 6, 8; 50:17; 54:18; 65:1; 73:14; 95:16; 107:3. 17; 126:1; 163:18; 182:3; 184:12, 16, 22 talking [14] 51:9; 82:11; 95:10; 116:6; 117:11; 120:12; 128:20; 129:7; 133:9; 134:2; 160:17; 166:3; 174:12; 183:19 tall [1] 97:1 tank [1] 106:6 tars [15] 77:12, 18; 79:7, 8; 81:6; 85:11, 16, 19; 86:8, 14, 20; 88:1, 3, 15; 89:5 task [3] 60:17; 111:2 team [2] 111:1; 120:13 technical [1] 22:13 Technician [1] 2:21 technician [1] 53:2 technique [1] 52:19 technology [3] 55:7, 14; 171:17 telephone [2] 23:3, 20 telling [1] 166:17 temperatures [1] 38:3 Tennessee [7] 38:18; 72:11; 127:5; 128:21; 129:8; 171:21; 173:21 tenure [4] 76:1; 150:18; 151:16; 152:4 term [7] 10:9; 80:6; 139:5, 6; 144:7; 148:8, 9 termed [1] 144:17 terminating [1] 108:21 termination [2] 105:5; 123:18 terms [4] 16:17; 91:7; 130:16; 133:17 Test [1] 119:2 test [1] 51:13 testified [13] 4:19; 66:5; 146:6; 155:13; 166:4, 5. 8, 13, 17; 169:1, 19; 170:1, 7 testimony [6] 112:13, 16; 156:6, 9, 12, 13 testing [1] 91:20 Texas [61] 3:11; 28:16; 30:8, 10; 33:18; 34:12; 35:10, 16, 17, 18; 38:19; 39:8; 40:13, 22; 76:18, 21; 77:3, 4, 10, 13; 78:9, 15, 22; 79:5, 7, 21; 80:5; 83:22; 84:19; 85:17, 20; 88:5, 21; 89:8; 93:20. 21; 94:7; 95:8; 97:15; 98:11, 22; 112:19; 114:12; 124:6; 149:11, 12; 153:5, 8, 11, 13, 18; 177:14; 180:12, 15, 19; 182:5, 16, 18 textile [1] 177:4 Thank [2] 115:21; 155:9 theirs [1] 40:18 thereabouts [1] 25:3 thereafter [3] 81:19; 128:3; 129:12 They're [3] 93:20; 109:15; 145:8 they're [4] 47:14; 136:16; 149:8, 9 they've [1] 52:2 thinking [4] 96:13; 134:20; 135:9, 17 third [2] 18:5; 109:13 Thirty-Seventh [1] 2:17 Thomas [4] 1:18; 2:3. 12: 4:8 thousand [1] 84:19 thousands [1] 36:10 Three [2] 160:12; 162:12 three [21] 7:22; 9:12; 20:18; 47:9; 52:10; 75:5: 94:4, 8; 140:14; 141:7: 143:3; 144:8; 145:5; 160:1, 4, 8; 161:13: 169:13; 179:2, 3; 180:20 three-prong [1] 16:2 three-year [1] 144:9 threshold [1] 17:12 threw [1] 55:8 tied [1] 37:19 times [20] 10:15; 23:18; 26:2; 69:6; 75:5; 85:14; 117:3; 124:11, 15; 131:15: 159:20; 160:1; 161:13; 163:13; 166:8, 13. 17; 169:20; 180:20; 181:10 tire [5] 42:2, 6, 11; 47:13, 16 tires [2] 41:6; 56:15 tide [1] 26:18 tolerate [2] 150:7 toluene [6] 18:18; 124:1, 2, 5, 20, 22 tool [1] 147:9 Toronto [2] 174:7. 9 total [1] 157:9 tough [2] 17:1; 143:8 towards [1] 151:4 town [1] 37:19 townsfolk [1] 39:7 toxic [11] 10:8, 9, 12, 16, 21; 12:11; 18:19; 81:12; 86:16; 96:6; 118:21 toxicity [37] 10:10, 13, 17; 11:6, 18; 16:12, 13. 14; 21:8; 22:14, 17; 23:1. 10, 11, 16; 81:18, 21; 82:5; 86:13, 18, 22; 87:5: 89:4; 90:11, 16; 91:7, 13. 20; 99:7; 174:19; 175:1; 183:6, 10, 13, 18, 22; 184:6 toxicologist [4] 28:2: 29:10, 11, 13 toxicologists [1] 29:12 traced [1] 99:20 traces [1] 83:7 track [3] 57:22; 141:14; 179:5 training [3] 8:1; 29:12; 121:13 Transcript [1] 3:21 transcript [6] 156:11; 167:10, 12, 19, 22; 168:17 transfer [4] 82:11; 104:12; 105:19; 109:18 transformer [4] 103:10; 104:7, 18; 106:4 transformers [2] 99:16; 104:17 transition [1] 110:16 transmit [1] 103:9 transport [1] 82:8 transportation [1] 184:11 Travelers [27] 2:9; 5:7; 107:4; 109:7, 13, 14, 17, 19, 22; 110:17; 111:2; 112:9; 118:4; 119:11, 16. 18; 120:2; 121:7, 13, 20; From SNIVELY to Travelers WATER PCB-SD0000062570 Basic Systems Applications Depo of: R. EMMET KELLY Monsanto v Aetna February 2, 1993 CR: 54277.0 Concordance by Look-See(42) 122:20; 123:5, 16; 124:21; 127:21; 155:3 traveling [1] 82:7 treasurer [2] 125:20 treasury [1] 58:21 treating [1] 32:13 treatment [6] 30:10; 57:20; 73:16; 130:21; 138:20; 151:14 tremendous [1] 153:2 Trial [16] 112:18, 20, 22; 114:2, 11, 13; 115:15, 16; 116:14, 21; 117:6; 142:4, 8, 10, 12 trial [3] 115:17; 166:5; 169:5 trials [1] 170:11 trichloroisocyanuric [2] 164:16; 165:19 trickled [1] 26:7 trillion [1] 83:6 trouble [6] 34:6; 100:4, 5; 102:15 , 20; 155:6 truck [2] 87:9; 141:6 true [3] 72:10; 156:6, 14 Tuesday [1] 1:15 tumors [4] 45:4; 46:7; 47:11; 51:6 turnover [1] 43:13 twice [3] 163:20; 164:3; 181:1 tvpe [11] 13:11; 21:14; 67:4; 79:20, 21; 96:19; 97:21; 133:1, 18; 135:9; 143:9 types [1] 14:2 -U- U.S. [4] 17:10; 19:21; 20:6; 175:20 ubiquitous [1] 100:17 ultimate [1] 80:14 ultimately [1] 56:19 unable [2] 135:13, 14 Unclear [l] 125:15 unclear [2] 70:18; 71:3 undergoes [1] 81:20 understand [14] 56:11; 96:9; 113:11, 20; 114:8; 115:5, 19; 127:1; 142:15, 16. 17; 148:13; 155:4; 183:2 understanding [4] 59:16; 155:6, 8; 162:21 undertook [1] 25:1 Underwriters [1] 2:13 underwriters [1] 66:9 United [9] 19:11; 41:7; 56:16; 149:9; 172:4; 178:7, 21; 179:3; 180:3 University [2] 7:21; 39:8 unnumbered [1] 120:10 unproductive [1] 138:17 unpublished [1] 11:12 unsatisfactory [1] 130:21 up-to-date [2] 80:8; 90:9 urinary [1] 51:21 urine [3] 42:20; 44:8, 15 Urology [1] 8:17 uses [12] 102:6; 104:6, 10. 11, 13; 105:4, 5, 6, 8. 9; 106:12; 107:8 -----------rr:----------- V-l [5] 3:7; 48:16, 19; 58:4; 63:5 V-10 [4] 3:21; 167:6, 7, 11 V-2 [3] 3:8; 92:12, 22 V-3 [3] 3:10; 92:12; 95:5 | j V-4 [4] 3:12; 109:3; 110:4; 111:15 V-5 [5] 3:13; 118:1, 15; 120:12, 13 V-6 [6] 3:14; 141:9, 19; 143 J, 8; 144:20 V-7 [3] 3:16; 141:20; 143:7 V-8 [5] 3:18; 141:9, 22; 143:7. 11 V-9 [3] 3:20; 145:16; 146:13 vacuum [1] 97:3 vaginal [1] 51:19 Vague [6] 146:1; 148:22; 149:6; 150:22; 152:11; 153:21 Vaguely [1] 93:17 vaguely [1] 62:18 values [2] 17:13; 84:20 valves [1] 38:13 vapors [1] 14:14 varied [2] 20:20; 86:20 varies [1] 85:14 vary [1] 20:16 vast [3] 20:21; 47:12; 86:3 vegetation [1] 71:21 ventilation [4] 14:13, 14; 19:5, 6 versus [3] 4:4; 19:1; 160:19 vessel [1] 105:20 veto [1] 139:5 vetoes [2] 138:17, 18 vice [2] 72:21; 110:5 VIDEO [18] 4:2, 20; 29:20; 30:1; 48:14; 65:16, 18; 66:6; 85:1, 6; 92:13, 16; 129:18, 21; 154:10, 13, 17; 186:7 Video [1] 2:21 video [6] 4:13; 48:3; 85:1; 154:13, 17; 155:19 videocassette [1] 85:7 view [12] 26:1; 79:6; 86:15, 17, 22; 87:1; 91:17; 113:13, 20; 114:10; 117:5; 138:11 viewpoint [1] 153:2 vinvl [3] 87:22; 88:15; 89:4 Virginia [3] 42:1; 47:3; 170:3 virtually [1] 114:5 visit [13] 20:6; 39:5; 78:14; 171:9, 11; 173:21; 179:20; 180:4, 6, 10, 12, 19; 181:16 visited [10] 20:2, 4, 22; 39:22; 172:18, 22; 173:1, 17 visiting [1] 181:19 visits [3] 39:16; 111:5, 8 volatile [1] 38:4 Volume [1] 3:21 volume [1] 167:9 voting [1] 172:15 ^w:----------- wage [1] 9:22 wager [1] 36:11 wait [3] 65:12; 76:10; 145:8 Wald [1] 2:11 walk [1] 19:13 walked [1] 61:20 walkthrough [1] 66:19 wanted [2] 12:15; 55:9 War [1] 140:17 war [3] 8:22; 134:9; 175:20 ward [3] 39:11; 40:5, 9 warfare [4] 176:2, 7, 8. 12 warn [1] 22:3 washing [1] 150:7 Washington [7] 1:14; 2:3, 8, 12; 4:9, 12; 161:15 Waste [2] 31:18, 19 waste [27] 30:9; 31:3; 32:9; 33:4, 6; 72:7; 76:16, 18, 21; 77:9; 78:8, 15, 22; 79:6; 85:20; 119:18; 121:22; 130:20; 131:7, 15; 132:11; 133:7; 151:4, 17; 153:3, 6; 185:20 wastebasket [1] 55:8 wastes [7] 32:16; 80:7; 83:22; 98:11; 118:22; 120:4; 135:10 watch [1] 148:3 watched [1] 147:20 watching [3] 35:13; 37:20; 67:1 water [15] 30:11, 14; 31:2, 17; 33:17; 80:5; 100:21; 101:15; 130:4, 19, 20; 131:6, 11; 134:19; 181:14 Wayne [1] 90:20 ways [2] 11:2; 13:3 we'd [1] 16:8 We'll [2] 48:1; 65:10 we'U [3] 65:13; 105:2; 154:2 We're [20] 29:20; 47:11; 48:14; 55:11; 65:18; 66:6; 69:14, 15; 85:3, 8; 92:13, 16; 120:12; 129:18, 21; 134:20; 141:18; 154:10, 14; 186:8 we're [15] 16:5; 26:3, 4; 47:10; 50:19; 54:20; 61:5; 65:11; 107:17; 113:11; 116:6; 117:11; 133:8; 160:18; 167:9 we've [9] 22:22; 44:4; 45:4; 48:3; 114:5; 141:14; 143:2; 166:3; 174:12 Wednesday [1] 186:10 week [7] 155:11; 163:18; 166:16; 167:10, 13; 168:15; 171:3 weeks [3] 47:4; 53:20; 160:8 welcome [1] 29:18 weld [1] 105:18 Welge [2] 2:16; 5:3 wells [1] 119:2 weren't [12] 24:2; 29:12; 44:7, 9, 10; 53:8; 73:18; 124:17; 132:3; 145:11; 152:19; 175:14 West [4] 42:1; 47:3; 170:3; 178:18 Wheeler [22] 28:13, 21; 29:4; 30:8, 20, 22; 33:11, 16; 61:15, 16; 67:17; 68:4; 71:14; 73:11; 74:4; 75:6; 78:21; 79:4, 19; 111:4: 130:2; 182:12 Whenever [1] 174:8 Whereas [1] 21:21 Whereupon [4] 4:16; 65:20; 66:2; 186:9 whichever [2] 126:16; 127:7 whipped [2] 45:22; 46:14 whoever [1] 161:10 wild [1] 101:16 Wiley [2] 2:7; 5:6 Williams [9] 61:20; 62:2, 11, 22; 64:14, 15; 68:3; 95:13 willing [1] 137:1 willingness [1] 147:19 WITNESS [109] 3:1; 9:12; 13:8, 21; 14:6; 15:9; 21:7; 24:11; 25:8, 20; 32:1; 33:21; 34:9; 36:22; 37:4; 41:16; 49:16; 50:13; 53:20; 54:10; 57:3, 15; 61:15; 63:2; 64:12, 18; 65:6; 67:15; 68:2, 16; 69:4, 13; 70:11; 71:5, 12; 72:6; 74:22; 75:19; 76:6; 78:1, 11; 79:15, 19; 80:19; 81:6, 16; 82:11; 83:3, 15; 84:17; 86:10; 87:18; 88:9, 18; 90:3; 96:2; 97:12; 101:21; 106:22; 107:12; 108:3, 10; 109:1, 4, 10; 111:1; 112:4; 119:14, 21; 120:6, 15; 123:2; 124:14; 125:2, 10, 16; 126:15; 128:8; 129:5; 131:5, | 14, 21; 132:10; 133:4; : 134:17; 135:4; 136:6; 137:7; 138:6; 139:13; : 140:1; 146:3, 10; 149:2, | 8; 150:3; 151:2, 9, 22; j 152:13, 19; 154:1, 6; 159:9, 14. 18; 167:21; 168:18; 186:5 witness [10] 4:18; 93:8; ! 111:14; 116:20; 117:7; 134:1; 136:18; 137:5; 148:13; 170:3 witnesses [2] 113:10; 114:3 won't [1] 55:12 word [7] 118:16; 122:14, 17; 124:2; 145:3; 148:5; I 164:21 words [7] 15:12; 17:1; 69:20; 83:4; 100:20; 103:10; 144:18 wore [1] 87:19 work [21] 11:18; 19:8; ! 27:11; 30:8; 36:9, 12; 42:22; 45:20; 56:9; 67:18; ! 71:15, 18; 74:18; 93:12; I 129:3; 143:13; 144:18; ; 157:12, 15, 20; 158:8 I worked [4] 43:1, 13; j 53:2; 176:6 ! Worker [1] 13:8 j worker [11] 12:10, 14; 1 13:14; 14:4; 17:14; 56:18; | 67:2, 10; 128:19; 149:8; 184:20 j workers [33] 10:2; 13:5; : 16:3; 21:11, 12; 23:2; I 26:8; 35:4, 12, 22; 36:7; i 40:4; 43:10; 47:2, 11; ! 51:18; 58:11; 69:14; 1 100:4; 102:15, 22; 103:1; : 144:16; 148:20; 149:21; 153:2; 175:5, 12; 176:6; j 183:20; 184:9; 185:14 ; working [8] 16:12; 17:14, : 21; 43:11; 47:20; 144:16; 164:4; 176:2 i workmen [2] 36:14; 49:13 workplace [4] 14:16; 16:10, 18, 21 I works [1] 8:10 World [1] 140:17 worth [1] 140:15 wouldn't [2] 14:12; 132:2 write [1] 24:2 writing [2] 98:1, 5 written [3] 11:5; 59:6; 147:11 wrong [1] 23:13 wrote [2] 54:22; 104:3 -Y- Yeah [1] 122:12 year [13] 46:1, 2; 52:12; 55:20; 87:7; 105:4; 127:7: 157:13, 14; 161:18; 180:7, 9; 181:1 years [36] 7:22; 22:22; 25:3; 27:21; 28:22; 34:2, 3, 13; 41:7, 13; 47:20; 52:13; 53:12, 14; 64:4, 19; 71:7, 8, 18; 77:1; 83:19; 102:12; 108:4; 139:17; 144:8; 150:11; 156:22; 157:5, 9; 172:1; 178:15; 180:20; 183:1 Yesterday [1] 162:9 York [3] 52:21; 104:15: 146:19 You'd [1] 52:10 you'd [3] 155:6; 166:17; 169:1 you'll [2] 58:15; 152:14 You've [1] 169:19 you've [13] 7:14; 33:11; 48:19; 49:11; 51:4; 56:18: 68:21; 87:11; 103:10; 106:9; 112:13; 165:22 yourself [4] 15:6, 22; 29:13; 87:4 -Z- zero [1] 13:9 traveling to zero WATER PCB-SD0000062571