Document 0qQYm69Z9ZBLRO4QBx0jGKrk

ERIC K. FALK Direct Dial: (412) 338-4722 E-Mail: efa1k@dmcpc.com davies, McFarland & carroll, p.c. ATTORNEYS AT LAW THE TENTH FLOOR, ONE GATEWAY CENTER PITTSBURGH, PENNSYLVANIA 15222-1416 (412)281-0737 Fax(412) 261-7251 June 3, 2003 Jason E. Luckasevic, Esquire Goldberg, Persky, Jennings & White, P.C. 1030 Fifth Avenue, Third Floor Pittsburgh, PA 15219 RE: Robert F. Adams and Naomi Adams, his wife vs. General Motors Corporation, et al. No. 7870 of 2002 (Westmoreland County) Dear Jason: Enclosed please find the transcripts of Maremont's representative, Carl Liggett, taken on 9/26/01, 12/12/01, 3/29/02, and 8/15/02. After reviewing these transcripts, please advise as to whether you still believe it will be necessary to proceed with the deposition of the Maremont representative. If so, I will have to make arrangements for the deposition to take place at a time and place other than June 24 at your office. Eric K. Falk EKF/sla Enclosures cc: Defense Counsel of Record (w/o enc.) {DO 147915:1} IN THE MATTER OF: Gabriel Novo, et al v. ACandS, Inc., et al. Deposition of Albert Carl Liggett September 26, 2001 CERTIFIED REPORTING COMPANY 11 East Adams Street Suite 1108 Chicago, Illinois 60603-5603 (312)922-1666 FAX:(312)922-1696 **** Word Index included with this Depo-Merge 0001 1 2 IN THE CIRCUIT COURT FOR BALTIMORE CITY 3 4 IN RE: Personal Injury S Asbestos Litigation 6 GABRIEL NOVO, et ml. * October 2001 Trial Group 7 Plaintiffs, Case No. 8 24X00000003 -vs- 9 Lead Case No. 24X00000197 10 ACandS, INC., et ml., 11 * Consol. No. 24X00000378 12 Defendants. * 13 * 14 15 DEPOSTION OF ALBERT CARL LIGGETT 16 The telephonic deposition of Albert Carl 17 Liggett, taken in the above-entitled case on 18 Wednesday, September 26, 2001 commencing at 2:10 19 p. a., at 8000 Joliet Road, McCook, Illinois, 60525, 20 and reported by Deborah Janicek. 21 22 ** 23 24 0002 1 A P P E A R A N C E S: 2 KASOWITZ, BENSON, TORES A FRIEDMAN, L.L.P. 3 (1633 Broadway New York, NY 10019), by: 4 MR. JOHN C. CANONI, 5 on behalf of Haremont Corp. and the Witness; 6 PRESENT PHONETICALLY: 7 PARKER, DUWLER A KIELY, L.L.P 8 (36 South Charles Street Suite 2200 9 Baltimore, MD 21201), by: MR. MARX M. DUMLER, 10 on behalf of the Plaintiffs; 11 DANIEL J. O'CONNELL A ASSOCIATES 12 (c/o ROBINSON A WOOLSON Attn: Ms. Cathy McCoy 13 217 East Redwood, Suite 1500 Baltimore, KD 21202), by: 14 MR. JAMES WALSH, 15 on behalf of John Crane, Inc.; 16 PIPER. MARBURY, RUDNICK A WOLFE, L.L.P. 17 (6225 Smith Avenue Baltimore, KD 21209), by: 18 MR. PAUL DAY, 19 on behalf of General Motors Corporation; 20 GOLDFEIN A HOSMER 21 (217 East Redwood Street Suite 2150 22 Baltimore, MD 21202), by: MR. THOMAS BERNIER, 23 on behalf of Garlock, Inc. and 24 Anchor Packing; 0003 1 2 3 PRESENT PHONETICALLY: (Cont.) VENABLE, BAETJER and HOWARD, . (210 Allegheny Avenue Towson, MD 21202), by; HR. TED ROBERTS, L.L.P. on behalf of Ford Motor Company 5 and Chrysler; 6 CHURCH A HOUFF, P.A. (Two North Charles Street 7 Suite 600 Baltimore MD 21202), by: 6 MR. MICHAEL OSBORNE, 9 on behalf of General Auto Parts and Pneumo Abex Corp.; CERTIFIED REPORTING COMPANY 10 mccarter a English, l.l.p. 11 (201 North Charles Street Baltimore, KD 21201), by: 12 HR. JAMES KOUTRAS. 13 on behalf of ACandS; 14 LIPSHULTZ and HONE, Chartered (8630 Penton Street 15 Suite 108 Silver Spring, MD 20910). by: 16 MR. JOHN LLEWELLYN HONE, 17 on behalf of Volkswagen of America, Inc. 18 19 *** 20 21 22 23 24 0004 1' 2 Witness: 3 Albert Carl Liggett 4 Examination by Mr. 5 6 Liggett Deposition 7 Exhibit No. 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I-N-D-E-X Dualer EXHIBIT Page 6 Page 35 Depo'Merge Page 1 Page 5 1 (The witness was duly sworn.) 2 MR. CANONI: And for the benefit of the court 3 reporter, if you're going to put an objection in if 4 you would just note your name for her, that would 5 be helpful. Go ahead, Mark. 6 MR. DUMLER: Would you state your name, please, 7 sir? 8 THE WITNESS: Albert Carl Liggett, 9 L-i-g-g-e-t-t. 10 MR. DUMLER: Mr. Liggett, my name is Mark 11 Dumler. 1 represent the Novo family in a case 12 filed against a number of friction defendants 13 including Maremont. 14 ALBERT CARL LIGGETT, 15 called as a witness herein, having been first duly 16 sworn, was examined and testified as follows: 17 EXAMINATION 18 BY MR. DUMLER: 19 Q. It's my understanding that you - It's 20 been represented to me that you have information 21 relevant and that you intend to testify in the 22 trial of this case, is that correct? 23 A. That's correct. 24 Q. When did you find out that your services Page 7 1 Q. Are you being paid in any way for your 2 services today? 3 A. Yes. 4 Q. What's the nature of your arrangement? 5 A. They offered to pay me an hourly rate for 6 my time. 7 Q. Okay. What's the hourly rate? 8 A. $175. 9 Q. Portal to portal? 10 A. I'm not sure 1 understand what that means. 11 Q. Sure. Door to door, $175 for your time 12 today? 13 A. Well, this is at my door. 14 Q. Okay. Did you also spend time getting 15 ready for the deposition? 16 A. Yes, 1 did. 17 Q. And how long did you spend? 18 A. Three - Two or three hours. 19 Q. What did you do during those two or three 20 hours? 21 A. 1 met with people of the law firm and they 22 basically explored what my job had been and what 23 duties were and what my recollections were at that 24 time. Page 6 1 or testimony would be 2 (Brief interruption.) 3 BY MR. DUMLER: 4 Q. When did you find out that there was a 5 trial in Baltimore and that you may be testifying 6 in it? 7 A. A few weeks ago. 8 Q. Okay. Who told you that? 9 A. John Canoni. 10 Q. Can you tell me where you're presently 11 employed? 12 A. I'm presently employedwith Accurate 13 Partitions in McCook, Illinois. 14 Q. Okay. What's the nature of your business 15 there? 16 A. We manufacture anddistribute toilet 17 compartments. 18 Q. All right. Are you currently employed by 19 or do you do any consulting work for Maremont? 20 A. No, I don't. 21 Q. Do you provide any services for which you 22 receive any remuneration from Maremont to the 23 current time? 24 A. No. Page 8 1 Q. And were you paid for your time during 2 those two to three hours? 3 A. Yes, I was. 4 Q. Okay. You also signed anaffidavit in 5 this case. Do you remember that or am I correct 6 there? 7 A. That's correct. 8 Q. All right. Was that part of the twoto 9 three hours or was that an additional time you 10 spent? 11 A. That was additional. 12 Q. Were you paid for the work - or your time 13 in connection with - well, let me back up. 14 How much time did you spend that 15 ultimately resulted in that affidavit? 16 MR. CANONI: Objection as to form. You can 17 answer if you understand. 18 BY THE WITNESS: 19 A. Explain the question, please. 20 BY MR. DUMLER: 21 Q. Sure. Did you have any meetings or spend 22 any time before you received that affidavit for 23 your signature? 24 A. I had the time that I mentioned to you CERTIFIED REPORTING COMPANY <* DepO'Merge Page 2 Page 9 1 previously. 2 Q. Okay. So the affidavit came after the two 3 to three hours. 4 A. That's correct. 5 Q. Did you make revisions to the affidavit? 6 A. No. 7 Q. How did you get it, in the mail or fax 8 machine or otherwise? 9 A. In the mail. 10 Q. And you signed it and sent it back? 11 A. That's correct. 12 Q. Did you receive any pay for the time that 13 you spent reviewing the affidavit? 14 A. No. 15 Q. Have you rendered a bill or do you ~ have 16 you already received payment? 17 MR. CANONI: Objection as to form. 18 He's already said he hasn't been paid for 19 it but the first part of your question you can 20 answer. 21 BY MR. DUMLER: 22 Q. Have you rendered a bill yet or you're 23 you've not yet rendered a bill? 24 A. I did render a bill for my initial meeting Page 11 1 MR. DUMLER: Okay. 2 THE WITNESS: Correct. 3 MR. CANONI: I just - So the record is clear. 4 MR. DUMLER: That's fine. 5 MR. CANONI: He obviously - His job continued 6 in pretty much the same capacity but what - Let's 7 back up. 8 BY MR. DUMLER: 9 Q. All right. Let's do it this way then. 10 When did you start working for Maremont? 11 A. Sometime in 1973. 12 Q. What was your position there? 13 A. 1 started as the operations manager of a 14 facility in Nashville, Tennessee. 15 Q. What facility? 16 A.' Allied Drive. 17 Q. What did that facility do? 18 A. It assembled brake shoes and disk pads 19 Sears. 20 Q. All right. Where did you go after that? 21 A. 1 continued to manage that facility and 22 also managed the Paulding, Ohio facility. 23 Q. And what did the Paulding, Ohio facility 24 do? Page 10 1 with the firm. 2 Q. All right. 3 MR. CANONI: No, I think his question was have 4 you rendered a bill for the affidavit. 5 BY THE WITNESS: 6 A. I have not rendered a bill for the 7 affidavit. 8 BY MR. DUMLER: 9 Q. All right. And when you come out to 10 testify, I take it you'll bill for your time from 11 the time you leave until the time you go back; is 12 that fair to say? 13 A. I haven't given that any thought. 14 Q. Okay. Have you testified for Maremont 15 previously? 16 A. Are you asking for the entire time I've 17 worked for them? 18 Q. Well, let's start - When did you stop 19 working for Maremont? 20 A. Sometime around '79. 21 Q. All right. Have you provided any services 22 to Maremont since 1979? 23 MR. CANONI: Actually let's back up. The 24 witness stopped working for New Turn. Page 12 1 A. They made brake linings, disk pads, truck 2 block and clutch facings. 3 Q. What year did you start there or what year 4 did you assume responsibilities over that 5 operation? 6 A. I believe it was 1976. 7 Q. And when did New Turn purchase or take 8 over those operations? 9 A. I don't recall the exact date. 10 Q. All right. What were your duties and 11 responsibilities at the Paulding, Ohio plant? 12 A. I was responsible for all manufacturing 13 operations. 14 Q. So between 1973 and 1979, did you testify 15 on behalf of Maremont in any asbestos-related 16 litigation? 17 MR. CANONI: Well, just - '79 is not the 18 date. I mean I can represent to you that the date 19 was June 30, 1977. 20 MR. DUMLER: Okay. 21 MR. CANONI: But if you want to use '79, that's 22 fine. 23 BY MR. DUMLER: 24 Q. Between 1973 and 1977, June 30th, did you CERTIFIED REPORTING COMPANY Depo-Merge Page 3  Page 13 1 testify on behalf of Maremont in any 2 asbestos-related litigation? 3 A. No, I did not. 4 Q. Did you provide any services as far as 5 consulting or litigation assistance in connection 6 with any asbestos litigation between 1973 and June 7 of 1977? 8 A. Not to the best of my knowledge. 9 Q. Now after 1970 - June of 1977, did you 10 provide any litigation services, consulting 11 services or testimony for Maremont? 12 A. To the best of my knowledge, no. 13 Q. Okay. Were you ever hired by Maremont 14 other than in connection with asbestos litigation 15 after 1977? 16 A. To the best of my knowledge, no. 17 Q. When you say to the best of yourknowledge 18 you never testified for Maremont after 1977, is 19 there some reason that you wouldn't be able to 20 remember that? 21 A. Nothing other than it being many years 22 ago. 23 Q. You have no recollection being in a 24 deposition or a courtroom in which you were asked Page 15 1 that did have responsibility. 2 Q. Okay. And what type of responsibility or 3 services would you provide to the marketing 4 department? 5 A. Well, if the marketing department were to 6 meet with a customer or client and they would need 7 scheduling information or quality information, I 8 would assist in providing that. 9 Q. Okay. Do you consider marketing and 10 advertising to fall within the same department? 11 A. That would be hard to say. It was a 12 fairly small company. They were certainly closely 13 related. 14 Q. If somebody were to take out a billboard 15 or an advertisement in a magazine, whose 16 responsibility - what department does that 17 generally fall under? 18 A. I think I would say that's sales and 19 marketing. 20 Q. Okay. Did you ever assist with the sales 21 and marketing efforts as far as advertisements? 22 A. No, I did not. 23 Q. All right. Now you said you did not have 24 responsibility for the design of the packaging that Page 14 1 questions about Maremont or its brake linings? 2 A. I certainly don't think so. 3 Q. While you were at Maremont, did you have 4 any other duties and responsibilities other than 5 operations manager and your responsibilities over 6 the Paulding, Ohio plant? 7 A. I'm not sure I understand the question. 8 Q. Sure. In 1973 you started as operations 9 manager over the Allied - what's the name of the 10 plant that you were responsible for then? 11 A. Allied Drive plant. 12 Q. Okay. What did you actually do? What was 13 encompassed in the responsibilities of operations 14 manager? 15 A. I would be responsible for purchasing, 16 scheduling, production, quality, maintenance, 17 shipping, receiving, personnel. 18 Q. All right. Did you have any 19 responsibility for the design of the packaging that 20 brake shoes were sold in? 21 A. No, I did not. 22 Q. Did you have any responsibility for 23 marketing? 24 A. Nothing other than assisting those people Page 16 1 brake shoes were sold in? 2 A. I wouldn't have responsibility for design 3 of it but I would be responsible for purchasing it. 4 O. All right. From whom did Maremont 5 purchase - Did it purchase from a single source 6 the packaging that sold its brake shoes or brake 7 linings in? 8 A. I don't recall. 9 Q. Do you know whether Maremont - strike 10 that. 11 Who did the actual design of the box as 12 far as the color, look, logo, et cetera, that 13 appeared on the box? 14 MR. CANONI: You mean just brake - just 15 friction products? 16 MR. DUMLER: Correct. 17 BY THE WITNESS: 18 A. Probably Jim Mello and Bob Rogers. 19 BY MR. DUMLER: 20 Q. All right. What department were they in? 21 A. The general manager and sales and 22 marketing. 23 Q. What were the brake lines that were - or 24 the trade names that were manufactured out of the CERTIFIED REPORTING COMPANY DepO'Merge Page 4 uaunei ixuvu, ei at. v Page 17 1 Allied Drive plant? 2 MR. CANONI: Objection as to form. 3 Do you'Understand the question? 4 THE WITNESS: No. 5 BY MR. DUMLER: 6 Q. Well, you said that you assembled brake 7 shoes at the Allied Drive facility, is that 8 correct? 9 A. That's right. 10 Q. All right. When you assembled them, did 11 you package them at that plant? 12 A. Yes, we did. 13 Q. All right. Did you package them for 14 resale to consumers or for some other purchaser? 15 A. We assembled them for Sears. 16 Q. Okay. So Maremont had a direct -- was a 17 direct supplier to Sears out of that plant. 18 A. That's correct. 19 Q. All right. Did Maremont sell any brake 20 shoes from that plant to anyone else other than 21 Sears? 22 A. Not that I recall. 23 Q. The boxes that were sold -- The brake 24 shoes that were sold to Sears, how were they nuanuo., ci ai. Page 19 1 Q. All right. Prior to 1976, what 2 interaction did you have with the Paulding, Ohio 3 facility? 4 A. The Paulding, Ohio facility provided the 5 Allied Drive facility with its brake linings and 6 disk pads. 7 Q. Did you have any responsibility with 8 respect to the Paulding, Ohio facility for the 9 packaging of the products? 10 A. That were shipped out of Paulding? 11 Q. Correct. 12 A. No, I did not. 13 Q. Did you have any responsibility for 14 marketing or sales with respect to any of the 15 products manufactured or sold from the Paulding, 16 Ohio facility? 17 A. No, I did not. 18 Q. Did you physically work at the Paulding, 19 Ohio facility prior to 1976? 20 A. Nothing -- 21 MR. CANONI: You mean was he physically present 22 there? 23 MR. DUMLER: Well, did he go there as part of 24 his normal work. Page 18 1 labeled? 2 A. Sears. 3 Q. This is sort of a - Is this a rebranding 4 or a - basically you're just acting as a Sears 5 manufacturer for their product? 6 A. That's correct. 7 Q. And there were no Maremont products 8 brake shoes - manufactured out of the Allied Drive 9 plant and sold to consumers. 10 A. That's correct. 11 Q. All right. Now in 1976, you went to 12 Paulding, Ohio and I take it that you left there or 13 at least left Maremont in June of 1977, is that 14 correct? 15 A. Well, ask your question again, please. 16 Q. Sure. Well, I'm trying to figure out how 17 long you worked under Maremont at the Paulding, 18 Ohio facility. 19 A. For about a year-and-a-half. 20 Q. Did you have any responsibility - Did you 21 actually physically work there or you just assumed 22 the responsibility over that operation? 23 A. I was physically at both facilities most 24 weeks. Page 20 1 BY THE WITNESS: 2 A. I visited occasionally. 3 BY MR. DUMLER: 4 Q. What do you mean by occasionally? 5 A. Once or twice a year. 6 Q. How much interaction did you have with 7 respect to the sales and marketing department 8 and - strike that. 9 How much interaction did you have with the 10 sales and marketing department at the Paulding, 11 Ohio facility? 12 MR. CANONI: Well, objection. I don't know 13 that he's said that they're different from what 14 he's testified to before. 15 BY MR. DUMLER: 16 Q. Is it one sales marketing facility or is 17 the responsibility divided between the two 18 facilities? 19 A. It was divided. 20 Q. So there would be a separate sales and 21 marketing department responsible for sales and 22 marketing over the products produced by the 23 Paulding, Ohio facility, is that correct? 24 A. That is correct. CERTIFIED REPORTING COMPANY Depo'Merge Page 5 Page 21 1 Q. Where was that department located? 2 A. At Paulding, Ohio. 3 0. Makes sense. 4 What interaction did you have with the 5 sales and marketing department at the Paulding, 6 Ohio facility? 7 MR. CANONI: What 8 BY MR.DUMLER: 9 Q. Prior to 1976. 10 A. Only incidental. 11 Q. What interaction did you have with the 12 marketing department of the Paulding, Ohio facility 13 after 1976? 14 A. I was responsible for providing their 15 products so quite a bit. 16 Q. Did you assist in the packaging - design 17 of any packaging while you were at Paulding, Ohio? 18 A. Personally, no. 19 Q. Did you assist in any of the advertising 20 for any of the products that were manufactured or 21 sold at Paulding, Ohio? 22 A. No, not directly. 23 Q. All right. What were the specific 24 products that were manufactured at the Paulding, ' Wl IW J Page 23 1 MR. CANONI: At Paulding? 2 MR. DUMLER: No, at Maremont from 73 to 77. 3 BY THE WITNESS: 4 A. I would say they were in the automotive 5 aftermarket business. 6 BY MR. DUMLER: 7 Q. Okay. In other words they manufactured 8 and sold automotive parts. 9 A. Correct. 10 Q. I was supplied with - strike that. 11 What products did Maremont sell under its 12 own name during the time that you worked there? 13 A. You know, I wouldn't know that much about 14 shocks and exhaust. They didn't supply any, to my 15 knowledge, of the friction products under the 16 Maremont name. 17 Q. What products are you aware that they did 18 sell under their name? You don't know of any? 19 A. I think they did some shocks and some 20 exhaust. 21 Q. Any others? 22 A. Not that I can think of. 23 Q. I was supplied with answers to 24 interrogatories in this case that indicate that in Page 22 1 Ohio facility? 2 MR. CANONI: By product line or trade name? 3 What 4 MR. DUMLER: Let's talk about product line. 5 BY THE WITNESS: 6 A. Brake linings. 7 BY MR. DUMLER: 8 Q. All right. 9 A. Disk pads, truck block and clutch facings. 10 Q. Now, sir, during the time that you were 11 there, how would you describe the line of business 12 in which Maremont was in? 13 MR. CANONI: Objection as to form. 14 BY THE WITNESS: 15 A. Are you 16 MR. CANONI: Do you understand? 17 BY THE WITNESS: 18 A. Are you talking about they sold shock 19 absorbers? 20 BY MR. DUMLER: 21 Q. I'm talking about generally if you were 22 describing Maremont. You'd say I work for 23 Maremont. How would you describe their business 24 during the time that you worked there? Page 24 1 1953 Maremont purchased Grizzly Manufacturing. Do 2 you have any reason to believe that that is 3 incorrect? 4 A. I wouldn't have any recollection of what 5 that would be. 6 Q. You don't have any knowledge about 7 Maremont's purchase of Grizzly? 8 A. Well, I know they purchased it but I would 9 have been 10 years old in 1953. 10 Q. Okay. You don't have any - any knowledge 11 from your review of any books and records that 12 Maremont - or your work at Maremont - as to when 13 the purchase occurred? 14 A. That's probably the right time period. 15 Q. Do you know whether or not Maremont 16 manufactured any brake products prior to its 17 purchase of Grizzly? 18 A. No, I don't know. 19 Q. Do you know what products Grizzly 20 manufactured at the time Maremont purchased the 21 company? 22 A. I don't know. I would presume it was the 23 same product line they were still making when I got 24 there. CERTIFIED REPORTING COMPANY Depo-Merge Page 6 ViUWI 1W llWIWj Wt UU V* Page 25 1 Q. All right. What product line was that? 2 A. Brake linings, disk pads, truck block and 3 clutch facings. 4 Q. What's the relationship between the 5 Paulding, Ohio facility and Grizzly? 6 A. The way I understand it, the man that 7 started the Paulding plant was from California and 8 the grizzly bear was the state animal so that's why 9 he called it Grizzly and he used to go to Paulding 10 to pheasant hunt. 11 Q. Did Maremont own the - Did Maremont 12 purchase the Paulding, Ohio plant from Grizzly? 13 A. That would be my assumption. 14 Q. Now after Maremont purchased the 15 purchased Grizzly, do you know what efforts the 16 company made to have customers identify the Grizzly 17 name with Maremont? 18 A. To the best of my recollection, all 19 marketing was done under the Grizzly name because 20 that was the brand name that was well-known and 21 they wanted to just continue that brand 22 representation in the market. 23 Q. Okay. When you say "all marketing was 24 done," can you give me any specific recollections rtVMMMWi) 1 Mil Page 27 1 MR. DUMLER: You're kidding me. 2 MR. CANONI: Why don't we do this. 3 THE REPORTER: You know what? I can call the 4 office and have them fax it here. 5 MR. DUMLER: All right. Let's take a 6 five-minute break and have them fax it over. 7 THE REPORTER: Okay. 8 MR. CANONI: We can fax it right here if you 9 want to fax it or we can have her office do it. 10 Whatever is quicker. 11 MR. DUMLER: I'll fax it. What's the number? 12 THE WITNESS: It is 708-142-7439. 13 MR. DUMLER: Okay. Let me put you on hold. 14 MR. CANONI: Okay. Do you want to -All 15 right. Go ahead. 16 (A recess was had.) 17 MR. CANONI: Okay. We're back on. 18 BY MR. DUMLER: 19 Q. All right. Can you describe for me, sir, 20 the boxes that Maremont sold its brake linings in 21 between 1960 and 1982? 22 A. Again, I wouldn't be aware of everything 23 but all that I recall seeing had the stylized 24 grizzly bear on it and the Grizzly logo. Page 26 1 you have of any marketing campaigns or marketing 2 efforts with respect to Grizzly? 3 A. I know all the boxes and cartons we had 4 said Grizzly. I know the catalogs that we had said 5 Grizzly. I don't recall anything that didn't have 6 Grizzly. 7 Q. Are you aware of any marketing efforts 8 that were made to have customers associate the 9 Grizzly name with Maremont? 10 A. No, to the contrary. I think they tried 11 to keep it as Grizzly and not have any connection 12 to Maremont. 13 Q. Okay. 14 MR. CANONI: Can we just get a - Do you want 15 to ask the witness what his understanding of 16 customers is because I think it might be different 17 than yours. 18 MR. DUMLER: Okay. We'll get there. 19 MR. CANONI: Okay. 20 MR. DUMLER: Can I get the court reporter 21 Did the court reporter bring the exhibit that I 22 sent out there? 23 THE REPORTER: No, I didn't. I didn't get to 24 the office. Page 28 1 Q. When you say you don't recall 2 everything 3 A. Well, I wasn't there in 1963. 4 Q. All right. So how about 5 A. I can tell you what all the boxes in the 6 plant looked like when I got there. I can tell you 7 what they looked like when I left. 8 Q. Okay. Well, do you have any 9 information - Other than seeing boxes when you got 10 there, do you have any information about what the 11 boxes looked like prior to 1973? 12 A. I just know that the Grizzly brand was 13 well-known, that they were doing what they could to 14 promote and continue the Grizzly brand and that any 15 marketing efforts that I was aware of promoted 16 Grizzly. 17 Q. Okay. That's - I appreciate that answer 18 but that doesn't answer my question. 19 Do you have any specific knowledge about 20 the product boxes prior to 1973? Did you ever see 21 any boxes of Maremont brake linings prior to 1973? 22 MR. CANONI; Other than what you've already 23 testified to. 24 BY THE WITNESS: CERTIFIED REPORTING COMPANY Depo-Merge Page 7 uaui lei iiuvUj ci ui. Page 29 1 A. No. 2 BY MR. DUMLER: 3 Q. Now when you got there in 1973, you worked 4 at the Allied Drive operation. You didn't see any 5 boxes of Grizzly brake linings at the Allied Drive 6 operation, correct? 7 A. Well, we would receive boxes of Grizzly 8 brake linings, put them onto the metal shoe or disk 9 pad and put them in a Sears box. 10 Q. Okay. But they were not packaged as they 11 would be packaged for ultimate purchase by a 12 consumer. 13 MR. CANONI: Objection as to form. I think 14 Well, I don't know if you want to get into the 15 definition of consumer now. 16 MR. DUMLER: We'll get there. 17 MR. CANONI: Okay. 18 Do you understand? 19 BYTHE WITNESS: 20 A. Ask the question again, please? 21 BY MR. DUMLER: 22 Q. Sure. When you got brake linings from the 23 Paulding, Ohio plant at the Allied Drive plant, how 24 were they packaged? Page 31 1 A. I guess that would be fair. 2 Q. All right. Would it also be fair to say 3 that you do not have a complete knowledge of all 4 the boxes that contained brake linings that were 5 shipped out of the Paulding, Ohio plant between '73 6 and '76? 7 A. That would be fair. 8 Q. All right. And with respect tothe design 9 and what those boxes said on them, your knowledge 10 is not exhaustive between '73 and '76 as to whether 11 or not - as to each design or style of all the 12 brake lining boxes, correct? 13 MR. CANONI: Objection as to form. If you 14 understand, you can . . . 15 BY THE WITNESS: 16 A. No, I would not be an expert on everything 17 that ever could have transpired there. 18 BY MR. DUMLER: 19 Q. And would it be fair to say that whatever 20 knowledge you have about the boxes that were used 21 between '73 and '76 from Paulding, Ohio was based 22 upon your one to two trips per year to that plant? 23 MR. CANONI: Objection as to form. 24 BY THE WITNESS: Page 30 1 A. They were in bulk in boxes. 2 Q. What did the boxes say? 3 A. They would have a part number on them. 4 Q. Did they say anything else on the boxes? 5 A. Not really. It would be an interplant 6 shipment. 7 Q. Now between '73 and '76, you did not have 8 any specific responsibilities over the Maremont 9 brake linings that were manufactured at the 10 Paulding, Ohio plant, correct? 11 A. That's correct. 12 Q. How frequently did you see the boxes for 13 the brake linings that were manufactured from the 14 Paulding, Ohio plant between '73 and '76? 15 MR. CANONI: Objection as to form. 16 BY THE WITNESS: 17 A. If I visited that facility, I might see 18 the boxes. 19 BY MR. DUMLER: 20 Q. All right. But it'd be fair to say that 21 you did not have - strike that. 22 Would it be fair to say that you never saw 23 all the products that were shipped out of that 24 plant? Page 32 1 A. I certainly had a general knowledge of 2 what they did at that plant and how they sold their 3 products. 4 BY MR. DUMLER: 5 Q. Based upon your trips there twice a year? 6 A. My trips there, my phone conversations and 7 my interaction with them visiting our plant, us 8 visiting their plant and meeting at headquarters in 9 Chicago. 10 Q. All right. Between 1973 and 1976, how 11 often did you actually see the boxes of Maremont 12 brake linings that were produced from the Paulding, 13 Ohio plant? 14 MR. CANONI: You mean the physical boxes? 15 MR. DUMLER: Sure. 16 BY THE WITNESS: 17 A. Two to four times a year. 18 BY MR. DUMLER: 19 Q. What was the reason that you would see 20 them at that time? 21 A. I would be visiting the factory. 22 Q. All right. Would you actually be 23 inspecting them or you would be visiting them and 24 happen to see them there? CERTIFIED REPORTING COMPANY Depo-Merge Page 8 V W) Page 33 1 A. The latter would be correct. 2 Q. All right. So you would go - Would you 3 take a tour of the facility or you happened to be 4 in the plant while they were loading boxes 5 somewhere? 6 A. That's correct. I would be in the plant 7 on business - you know, working on various 8 production quality-related issues and observe what 9 was around me. 10 Q. Okay. So it would be fair to say, sir, 11 wouldn't it, that you wouldn't be comfortable 12 testifying that between 1973 and 1976 that there 13 were no boxes shipped out of the Paulding, Ohio 14 plant that contained the name Maremont? 15 (Brief interruption.) 16 BY THE WITNESS: 17 A. Would you say thatagain, please? 18 BY MR. DUMLER: 19 Q. Sure. 20 MR. CANONI: The exhibit 21 BY THE WITNESS: 22 A. I'm sorry. The fax was being brought in. 23 BY MR. DUMLER: 24 Q. Okay. It's fair to say, isn't it, that Page 35 1 A. I don't guess I would know what happened 2 before I joined the company. 3 BY MR. DUMLER: 4 Q. Okay. 5 MR. DUMLER: If I could have the courtreporter 6 mark the exhibit that's been brought in over the 7 fax machine? 8 (The document was thereupon marked 9 Liggett Deposition Exhibit No. 1, 10 for identification, as of 9-26-01.) 11 (The document was tendered.) 12 THE REPORTER: Okay. 13 MR. DUMLER: Now hold on. While you take a 14 look at that, sir, let me run out. I faxed you my 15 copy so let me run out and grab it. 16 (Pause.) 17 MR. DUMLER:This is marked as Exhibit 1, 18 correct? 19 THE REPORTER: Yes. 20 BY MR. DUMLER: 21 Q. If you look at Exhibit 1, sir, it's an 22 advertisement appearing in a magazine in February 23 of 1966. Have you ever seen this before? 24 A. No, I have not. Page 34 1 you're not comfortable saying that between 1973 and 2 1976 there were no boxes shipped out of the 3 Paulding, Ohio plant containing brake linings that 4 had the word Maremont somewhere on the box. 5 MR. CANONI: Objection as to form. 6 BY THE WITNESS: 7 A. I would not know everything that went out 8 of there. That is correct. 9 BY MR. DUMLER: . 10 Q. Okay. And therefore you're not able to 11 say that it did not go out of there; a box - boxes 12 containing brake linings with the name Maremont on 13 them. 14 MR. CANONI: Objection as to form. 15 BY THE WITNESS: 16 A. Weil, I wouldn't be able to say either 17 way. 18 BY MR. DUMLER: 19 Q. All right. Now the same is true prior to 20 1973; that you do not know whether or not there 21 were boxes of brake linings sold by Maremont that 22 had the name Maremont somewhere on the box. 23 MR. CANONI: Objection as to form. 24 BY THE WITNESS: Page 36 1 Q. Do you have any reason to doubt that this 2 is an advertisement placed by Maremont Marketing, 3 Inc., Chicago, Illinois, in February of 1966? 4 A. You know, I wouldn't know one way or the 5 other. 6 Q. Do you ever 7 MR. HONE: Mark, this is John Hone. Is Exhibit 8 1 the advertisement which you reproduced in one of 9 your pleadings? 10 MR. DUMLER: Correct. 11 MR. HONE: Okay. Thank you. 12 BY MR. DUMLER: 13 Q. While you were employed by Maremont, sir, 14 do you ever remember seeing advertisements that 15 looked similar to this advertisement? 16 MR. CANONI: Objection as to form. 17 BY THE WITNESS: 18 A. No, I do not. 19 BY MR. DUMLER: 20 Q. Okay. Do you ever remember seeing any 21 advertisements by Maremont in any magazines while 22 you were employed there? 23 A. Say that again? 24 Q. Sure. While you worked at Maremont, do CERTIFIED REPORTING COMPANY DepO'Merge Page 9 Page 37 1 you ever remember picking up a magazine and seeing 2 an advertisement - an advertisement for Maremont 3 brake linings whether they were Grizzly or 4 otherwise? 5 A. I do recall seeing some Grizzly 6 advertisements. I don't recall seeing any 7 Maremont. 8 Q. All right. Do you know why the 9 advertisement refers to Maremont/Grizzly brake 10 linings? 11 A. No, I don't. 12 Q. Do you have any explanation for why the 13 advertisement states, quote, "always order 14 Maremont/Grizzly brake linings"? 15 MR. CANONI: Objection as to form. 16 BY THE WITNESS: 17 A. No, I wouldn't know that. 18 BY MR. DUMLER: 19 Q. Do you see where it indicates at the 20 bottom, Maremont Marketing, Inc.? 21 A. Yes, 1 do. 22 Q. Do you know what that entity is? 23 A. No, 1 don't. 24 Q. Now if 1 were a mechanic back in 1969 - Page 39 1 A. Not to the best of my knowledge. 2 Q. Okay. So Paulding, with respect to 3 Grizzly - strike that. 4 Did Maremont ever manufacture any brake 5 linings anywhere else other than the Allied Drive 6 facility or the Paulding, Ohio facility? 7 MR. CANONI: Objection as to form. I think 8 he's testified that Nashville - Allied Drive did 9 not manufacture. 10 MR. DUMLER: Okay. You're correct. 11 MR. CANONI: So you want to take the question 12 as to Paulding, you can answer that. 13 BY MR. DUMLER: 14 Q. Did Maremont - well, strike that. 15 Why don't you tell me the brake linings 16 that Maremont manufactured between 1960 and 1982. 17 A. If you ask me for information prior to 18 1976, I would only be speculating. 19 Q. All right. Let's start with 1970 - well, 20 '76. What brake linings did Maremont manufacture 21 between 1976 and 1982? 22 A. They manufactured a line of resin-based 23 brake linings and a line of oil-based brake 24 linings. Page 38 1 I'm sorry, back in 1966, where could I go buy 2 Maremont/Grizzly brake linings? 3 MR. CANONI: Objection as to form. 4 BY THE WITNESS: 5 A. I don't believe as a mechanic that you 6 could go buy Grizzly brake linings. 7 BY MR. DUMLER: B Q. And why do you say that? 9 A. Because the brake linings would be sold to 10 a rebuilder company and the rebuilder would - you 11 know, clean up the old brake linings and put the 12 new linings on the old shoe and resell them. 13 Q. All right. Who were the rebuilders that 14 Maremont/Grizzly sold to? 15 A. I don't remember their names but there was 16 a large quantity of them. 17 Q. Do you have any knowledge about Maremont's 18 sales in the state of New Jersey between 1960 and 19 1977? 20 A. No, I do not. 21 Q. Were brake linings for - Were Maremont 22 brake linings under the name Grizzly manufactured 23 in any other plant other than the Paulding, Ohio 24 plant? Page 40 1 Q. What were the trade names or marketing 2 names of those brake linings between '76 and '82? 3 MR. CANONI: Objection as to form. You mean 4 '77? 5 MR. DUMLER: I'm sorry. 6 BY MR. DUMLER: 7 Q. Between '73, when you started in '73 8 and - Well, what years are you able to testify to? 9 MR. CANONI: And 10 MR. DUMLER: I wrote down 1976. I must have 11 the date wrong. 12 THE WITNESS: That's right. 13 MR. CANONI: Seventy-six is right for when Mr. 14 Liggett went to Paulding. 15 BY MR. DUMLER: 16 Q. All right. So prior to 1976, you can't 17 testify about any of the products that Maremont 18 sold or manufactured, is that correct? 19 MR. CANONI: Well, objection as to personal 20 knowledge. 21 MR. DUMLER: Okay. 22 BY THE WITNESS: 23 A. I can tell you 24 BY MR. DUMLER: CERTIFIED REPORTING COMPANY Depo-Merge Page 10 oaunei nuvu, ei ai. v Page 41 1 Q. Do you have personal knowledge of any of 2 the brake products that Maremont manufactured or 3 sold other than to Sears prior to 1976? 4 A. Yes. I know that is - from the time I 5 joined the company in 1973 that they were selling 6 Grizzly brake linings to rebuilders at the same 7 time they were selling brake linings to the Allied 8 Drive facility to be assembled, packaged and sold 9 to Sears. 10 Q. All right. So between 1973 and when you 11 left in 77, what were the trade names or marketing 12 names of those brake linings? 13 A. Grizzly. 14 Q. All right. Were any brake linings sold by 15 Maremont under any other name other than Grizzly? 16 A. To the best of my knowledge, no. 17 (Pause.) 18 BY MR. DUMLER: 19 Q. Now the boxes that Grizzly was sold in, 20 there would be no statement on there anywhere on 21 the box sold by or manufactured by Maremont 22 Corporation? 23 A. To the best of my recollection, they did 24 not have any reference to Maremont. nwaiiuwa) vi Page 43 1 BY MR. DUMLER: 2 Q. Was it sold by Sears under Sears name? 3 A. Yes. 4 Q. Over The Counter? 5 A. That was also brake linings assembled at 6 Allied Drive that were for Sears to sell to the 7 home rebuilder - or, excuse me, the home mechanic. 8 Q. Saftigrip? 9 A. That was a trade name that I can't 10 remember if it applied to linings or truck block. 11 Q. All right. Assuming that it applied 12 Well, let's take Saftigrip as an example. 13 If Saftigrip is either linings or truck 14 block, where could someone purchase that product? 15 A. It would be sold to a remanufacturer who 16 would then sell It to warehouse distributors who 17 would sell it to the local parts house who would 18 then sell it to whomever wanted it. 19 Q. Are you familiar with the name Silvertip? 20 A. That was a truck block. 21 Q. XP Woven? 22 A. I don't recall that. 23 Q. Do you know whether or not it's a brake 24 lining? Page 42 1 Q. Have you ever heard the name Ultra? 2 A. Yes. 3 Q. What do you understand that to be? 4 A. That would be another brand name that was 5 produced at the Paulding plant. 6 Q. All right. Where was that? What type of 7 material or product was that? 8 A. 1 believe that was truck block. 9 Q. What about Leland or Leland? 10 A. Those were all heavy duty truck parts. 11 Q. Hyper? 12 A. 1 don't recall what that was. 13 Q. You have no idea whether it was linings, 14 block or otherwise? 15 A. No, 1 don't. 16 Q. All-In-One? 17 A. That was a Sears brake set that in 18 addition to having the brake shoes had the parts to 19 rebuild the wheel cylinder. 20 Q. And was that manufactured under the Sears 21 name? 22 MR. CANONI: Objection as to form. You mean 23 sold under the Sears name? 24 MR. DUMLER: Yes. Page 44 1 A. No, 1 do not. 2 Q. Synco - Syncro? S-y-n-c-r-o. 3 A. 1 don't recall but it sounds like a clutch 4 facing. 5 Q. And Trugard? T-r-u-g-a-r-d. 6 A. 1 believe that was a truck block. 7 Q. All right. What about SS Metallic? 8 A. 1 don't recall that one. 9 Q. Now when Maremont sold brake linings to 10 rebuilders, were they sold in individual cartons? 11 A. There would be a quantity of 25, 50 or 12 maybe a hundred pieces of lining in a carton. 13 Q. And the rebuilder would take the lining, 14 put it - affix it to the shoe and resell it? 15 A. That's correct. 16 Q. Under what name would the rebuilder sell 17 the lining and the shoe? 18 A. Most would use the Grizzly trade name 19 because of its brand image. 20 Q. Did you have any agreements with the 21 rebuilders that they had to use the Grizzly name? 22 A. Not that I'm aware of. 23 Q. Do you have any knowledge prior to 1973 24 about the names that the rebuilders placed on their CERTIFIED REPORTING COMPANY Depo-Merge Page 11 Page 45 1 products? 2 A. No, I don't. 3 Q. A rebuilder could just as easily sell a 4 rebuilt shoe with a Maremont brake lining and call 5 it Maremont as call it Grizzly. 6 MR. CANONI: Objection as to form. 7 BY MR. DUMLER: 8 Q. Correct? 9 A. I don't believe there would be any 10 incentive to do that because the Grizzly name was 11 known in friction material. I don't see why you'd 12 pick some name out of the air and put it on your 13 product. 14 Q. Well, Maremont was already known as an 15 automobile parts manufacturer, correct? 16 A. Correct. 17 Q. And Maremont sold other products; for 18 example, mufflers, correct? 19 A. Correct. 20 Q. And someone who orders Maremont mufflers 21 obviously knows the name Maremont, correct? 22 A. Correct. 23 Q. And somebody who purchases Maremont 24 mufflers, there's no Grizzly muffler, correct? Page 47 1 Maremont or Maremont/Grizzly or Grizzly, correct? 2 MR. CANONI: Objection as to form. 3 BY THE WITNESS: 4 A. My general knowledge would be that anybody 5 that was selling it sold it under the Grizzly label 6 or the rebuilder might put his own house brand 7 label on it. 8 BY MR. DUMLER: 9 Q. All right. What knowledge do you have of 10 that prior to 1973? 11 A. Nothing other than the information 1 heard 12 about as I joined the company. 13 Q. So you have no personal knowledge about 14 the names that rebranders would put on the product 15 prior to 1973, correct? 16 A. That's correct. 17 Q. Now if you could take back Exhibit No. 1, 18 could you provide me with any explanation as to why 19 this advertisement would appear with both the 20 Maremont and the Grizzly name on it? 21 MR. CANONI: Objection. Asked and answered. 22 You can 23 BY THE WITNESS: 24 A. I - No, I can't help you with that. Page 46 1 A. There's no Grizzly muffler that I'm aware 2 of. 3 Q. Did Grizzly make any other automotive 4 parts other than brake linings? 5 A. Grizzly had a line of heavy duty truck 6 products. 7 Q. I'm talking about automobile replacement 8 parts. 9 Did Grizzly manufacture any automobile 10 replacement parts other than brake linings? 11 A. Not that I'm aware of. 12 MR. CANONI: And clutch facings. 13 BY MR. DUMLER: 14 Q. So it would be fair to say that as far as 15 an automotive parts manufacturer, Maremont would 16 have a wider name than Grizzly, correct, as far as 17 selling more parts? 18 MR. CANONI: Objection as to form. 19 BY THE WITNESS: 20 A. They are sold in different channels of 21 distribution. 22 BY MR. DUMLER: 23 Q. But you have no knowledge whether or not 24 remanufacturers were selling under the name Page 48 1 BY MR. DUMLER: 2 Q. Is there someone that's more 3 knowledgeable - well, strike that. 4 Is there somebody who you believe would 5 have any knowledge about the marketing that was 6 done back in 19 - in the 1960's with respect to 7 the name Maremont/Grizzly? 8 A. That's going back pretty far beyond me to 9 go back into the '60's. I don't think I would know 10 any names associated with the business at that 11 time. 12 MR. CANONI: In marketing. 13 THE WITNESS: In marketing. 14 BYMR. DUMLER: 15 Q. You went - Did you go to work for the 16 company that purchased the brake line division of 17 Maremont? 18 A. Yes, 1 did. 19 Q. What was their name? 20 A. New Turn. 21 Q. How long did you work for New Turn? 22 A. For about three years. 23 Q. What responsibilities did you have there? 24 A. My title was vice president of CERTIFIED REPORTING COMPANY Depo-Merge Page 12 . Gabriel Novo, et al. v. Page 49 1 manufacturing. 2 Q. Were you still responsible for the sale of 3 brake linings from the Paulding, Ohio plant? 4 A. 1 was responsible for the manufacture of 5 brake linings ujrtil 1 closed the Paulding plant and 6 moved it to Tennessee. 7 Q. When did you do that? 8 A. Oh, 1 don't remember exactly. About 1979. 9 Q. Am 1 correct, sir, that the Grizzly brake 10 operation was a division of Maremont? 11 MR. CANONI: Objection as to form. 12 BY THE WITNESS: 13 A. At one time prior to its sale, it was a 14 division of Maremont. 15 BY MR. DUMLER: 16 Q. You understand the distinction between a 17 division and a subsidiary? 18 A. Probably not. 19 MR. CANONI: I'm not sure 1 do. 20 BY MR. DUMLER: 21 Q. Now if 1 were a remanufacturer and wanted 22 to order brake linings manufactured by Maremont, 23 who would 1 call between 1976 and 1977? 24 A. You would call the Grizzly factory in ACandS., et al Page 51 1 Q. Other than Mr. Knight, was anyone else 2 taking orders between 73 and 77 for 3 Maremont-manufactured brake linings? 4 A. There were a couple of customer service 5 people. 6 Q. When you were at the Paulding, Ohio plant 7 did you have letterhead that said Maremont on it? 8 A. Not that 1 recall. 9 Q. Did you have any documents -- business 10 cards or otherwise - that indicated Maremont? 11 A. Yes. 12 Q. What documents indicated that Paulding, 13 Ohio had an association with Maremont? 14 A. Probably business cards. 15 Q. Your business card said Maremont? 16 A. Correct. 17 Q. All right. Can you tell me what else your 18 business card said between 1973 and 1977? 19 A. My name, phone number, address. 20 Q. And Maremont Corporation? 21 A. Right. 22 Q. Did it say Grizzly on it as well? 23 A. No, but mine were with the Allied Drive 24 facility. Page 50 1 Paulding, Ohio. 2 Q. Do you have any knowledge about who 1 3 would call prior to 1976? 4 A. Yes, 1 do. 5 Q. All right. What knowledge - How do you 6 get that knowledge? 7 A. From being associated with the company 8 from 1973. 9 Q. All right. Would 1 call a purchasing 10 department or a sales department? 11 A. You'd call the sales department. 12 Q. Is that the same sales and marketing 13 department that we talked about before? 14 A. Right. 15 Q. All right. So I'm a remanufacturer. 1 16 want to buy brake linings that are manufactured by 17 Maremont. 1 call the sales and marketing 18 department at the Paulding, Ohio plant? 19 A. That's correct. 20 Q. Who would 1 speak to there between 1973 21 and 1977? 22 A. Wayne Knight. 23 Q. What was Mr. Knight's position? 24 A. General, manager. Page 52 1 Q. How about when you worked in the Paulding, 2 Ohio plant? 3 A. 1 didn't get new business cards. 4 Q. All right. And how about the rest of the 5 staff at the Paulding, Ohio plant that had business 6 cards? Did their cards also say Maremont on them? 7 A. I'm not sure 1 recall. 8 Q. How about the external sales force? Do 9 you ever remember seeing their business cards? Was 10 there a sales force that called on customers? 11 A. There really was not a big external sales 12 force. It was done by one or two people. 13 Q. And those people, do you know whether 14 their sales - what their business cards said? 15 A. Grizzly. 16 Q. What were their names? . 17 A. Wayne Knight and 1 honestly can't 18 remember. 19 Q. All right. While you worked at Maremont, 20 did you have occasion to send letters? 21 A. Yes. 22 Q. You had letterhead that said Maremont 23 Corporation? 24 A. Yes. CERTIFIED REPORTING COMPANY Depc-Mtrge Page 13 Page 53 1 Q. Did your letterhead ever say - ever 2 indicate the name Grizzly? 3 A. Yes, it did. At the Ohio plant. 4 Q. Did the Ohio plant also have the name 5 Maremont on it? 6 A. No, I think it just had Grizzly. 7 Q. So it depends upon whether you were 8 sending out a letter related to the Ohio plant? 9 One day you would use Grizzly letterhead and one 10 day you would use Maremont letterhead? 11 A. That's correct. 12 Q. Do you have in your possession, sir, any 13 advertisements that say Grizzly? 14 A. No, I don't. 15 Q. Do you have in your possession any 16 documents that you've retained from your employment 17 at Maremont? 18 A. I don't know. I'd have to go look in my 19 basement. 20 Q. Do you have your business card from when 21 you were at Maremont? 22 A. No. 23 Q. Your old business cards? 24 A. No, I don't. Page 55 1 worked at Maremont? 2 A. Yes, I did. 3 Q. Do you have any knowledge about the 4 practices of those mechanics with respect to 5 grinding or using of - using air hoses? 6 A. Some knowledge. 7 Q. Did you ever witness mechanics grinding 8 brakes in the field? 9 A. Yes, I did. 10 Q. What was your understanding of the reason 11 that they ground brakes? 12 A. They wanted clearance at the heel and toe 13 of the lining so that it would contact first in the 14 center of the lining and wear out gently toward 15 both extremes so that the' brakes would not grab. 16 Q. Did you recognize that as a fairly common 17 practice among auto mechanics who change brakes? 18 A. Yes. 19 Q. Did you also recognize that it was a 20 common practice among auto mechanics who change 21 brakes to use an air hose and compressed air to 22 blow out any debris around the brake drums? 23 A. It was my understanding that any debris 24 that accumulated in a brake drum was fosterite and Page 54 1 Q. Do you have your old letterhead and copies 2 of old letters or letterhead from when you worked 3 at Maremont? 4 A. I don't think so. 5 Q. I take it that when you got your paycheck 6 it said Maremont Corporation on it? 7 A. Yes, it did. 8 Q. Do you have any information about the 9 rebuilders to whom Maremont sold its brake linings 10 that would resell those products in the state of 11 New Jersey? 12 A. I don't believe I could do anything 13 specific to New Jersey. 14 Q. All right. Could you do anything specific 15 that would be in any way related to this case? 16 A. Well, I know they sold to rebuilders. I 17 have some general knowledge of what rebuilders did. 18 Q. Do you have any knowledge of the 19 rebuilders in the state of New Jersey that used 20 Maremont-manufactured brake linings? 21 A. No, I don't. 22 Q. Did you ever have occasion, sir, to go 23 into the field to mechanics and see actual 24 mechanics changing brakes during the time that you Page 56 1 not asbestos related and wasn't necessarily 2 harmful. 3 MR. DUMLER: I move to strike as nonresponsive. 4 BY MR. DUMLER: 5 Q. My question is not your understanding of 6 the dangers involved. My question, sir, is whether 7 or not you understood it was a common practice for 8 mechanics to use compressed air to blow out debris 9 from around the brake drum. 10 A. Most of the ones I saw at Sears used a 11 bowl-shaped device to put over the brake drum and 12 would vacuum and blow simultaneously. 13 Q. What years did you see this practice being 14 done at Sears? 15 A. In the late '70's. 16 Q. Is all of your experience or with 17 strike that. 18 Did you visit any other auto shops other 19 than Sears? 20 A. Yes. 21 Q. Did you - You also saw the practices of 22 using compressed air and grinding at the other auto 23 shops? 24 A. That's correct. CERTIFIED REPORTING COMPANY DepO'Merge Page 14 vaauuei nuvu, ei ai. v. Page 57 1 Q. Now how early do you remember seeing these 2 practices? 3 A. Oh, mid '70's. 4 Q. All right. And how late - As late as 5 when do you remember seeing mechanics grinding 6 brakes? 7 A. 1980. 8 Q. In 1980, were the mechanics that you 9 saw - were they using any protective mechanism 10 with respect to the dust caused by the grinding of 11 brakes? 12 A. All the grinders I saw had dust collectors 13 as an integral part of the grinder. 14 Q. Were there any respirators being used? 15 A. Some did. 16 Q. Where did you see mechanics using 17 respirators? 18 MR. CANONI: You're talking about the actual 19 brake mechanic on the car itself? 20 MR. DUMLER: Correct. 21 BY THE WITNESS: 22 A, Are you asking for the physical location? 23 BY MR. DUMLER: 24 Q. Sure. i) 61 OI> Page 59 1 A. I was a member of the Asbestos Information 2 Association and would attend an annual conference. 3 Q. Could you tell me for how long Maremont 4 was a member of the Asbestos Information 5 Association? 6 A. I know they were when I joined them in 7 1973. 8 Q. And were you a member from 1973 until the 9 time you left in '77? 10 A. That's correct. 11 Q. And would you say that you were an active 12 member of the Asbestos Information Association 13 while you were employed at Maremont? 14 MR. CANONI: Objection as to form. 15 BY THE WITNESS: 16 A. What do you mean by active? 17 BY MR. DUMLER: 18 Q. Did you regularly attend meetings? 19 A. Annually. 20 Q. Were you on any committees? 21 A. No, I was not. 22 Q. All right. At the annual meetings of the 23 Asbestos Information Association, were there 24 presentations regarding the dangers of asbestos? Page 58 1 A. I don't think I could recall that with any 2 certainty. 3 Q. Okay. Can you tell me, sir, when is the 4 first time that you learned that there was any 5 health hazard associated with asbestos? 6 A. When I joined the company in 1973. 7 Q. What were you told at that time? 8 A. That breathing asbestos, if you were a 9 smoker, could cause asbestosis. 10 Q. Were you told anything else about the 11 dangers of asbestos? 12 A. I was told that there was a remote 13 possibility of mesothelioma. 14 Q. Who told you these things about asbestos? 15 A. There was a lot of news about that and a 16 lot of industry awareness. The Asbestos 17 Information Association. 18 O. Did you ever attend any meetings on behalf 19 of Maremont at either the Asbestos Information 20 Association, the Friction - the FMSI, Friction 21 Material Standards Institute? 22 A. Yes, I did. 23 Q. All right. What was your involvement with 24 those organizations? Page 60 1 A. Yes, there were. 2 Q. Did you attend the Asbestos Information 3 Association annual meetings each year between 1973 4 and 1977? 5 A. I believe I attended most years. 6 Q. Were you also a member of the FMSI? 7 A. No, I was not 8 Q. Was Maremont a member? 9 A. Yes, they were. 10 Q. Did you ever receive any materials or 11 information provided by the FMSI to Maremont? 12 A. Yes, I did. 13 Q. What material did you receive? 14 A. Classification systems, testing systems, 15 test procedures, dynamometer routines, labeling 16 systems. 17 Q. Did you ever receive any material provided 18 by the FMSI to Maremont Corporation regarding 19 asbestos? 20 A. I didn't personally see that. 21 Q. Do you know whether any -- You're saying 22 did not personally. Are you aware of anyone else 23 in the corporation that did obtain such 24 information? y CERTIFIED REPORTING COMPANY Depo-Merge Page 15 uaunei imuvu, ci 01. Page 61 1 A. No, I'm not. 2 Q. What other organizations are you aware 3 that Maremont was a member of? 4 MR. CANONI: Related to asbestos? 5 MR. DUMLER: Well, if you know that they're 6 related to asbestos, sure. 7 BY THE WITNESS: 8 A. There were some other industry 9 associations that - that Maremont participated in. 10 I had no involvement with them and don't know who 11 they were. 12 BY MR. DUMLER: 13 Q. Did Maremont place a warning on the 14 packages of brake linings it shipped? 15 A. Yes, it did. 16 Q. What year did Maremont first place a 17 warning? 18 A. I don't know. I believe they were on 19 there when I joined the company. 20 Q. Do you remember what the warning said? 21 A. Something to the effect that Caution, 22 breathing asbestos fibers can be harmful. 23 Q. And that was put on the boxes that were 24 sent to the rebuilders? Page 63 1 A. No, I wouldn't know. 2 Q. Do you believe that you've seenall of the 3 boxes - the different styles of boxes that were 4 manufactured and contained the 5 Maremont-manufactured brake linings between 1973 6 and 1977? 7 A. Yes, I do. 8 Q. Now if I were looking ata box ofbrake 9 linings that have Grizzly brake linings in them, 10 what else is on there other than the Grizzly name? 11 A. It would have some numbers that indicated 12 the part number. It would have the warning that 13 product contains asbestos. Breathing asbestos dust 14 can be harmful. And that's all I can think of. 15 Q. Did the box have an insert? 16 A. Those sold to Sears did. 17 Q. What about the boxes of brake linings that 18 were not sold to Sears? 19 A. I don't believe they had an insert. 20 Q. What did the insert say that was contained 21 in the boxes sold to Sears? 22 A. It typically told how to do a brake job. 23 Q. Step-by-step explanation? 24 A. Correct. Page 62 1 A. I certainly believe so. 2 Q. Did Maremont have any interaction with the 3 rebuilders with respect to the packaging of brake 4 linings and shoes that were sold to customers? 5 A. There were OSHA regulations and we tried 6 to pass that information on to all of our 7 customers. 8 Q. How did you do that? 9 A. Sales and marketing would send them 10 letters and copies of the required warnings. 11 (Pause.) 12 BY MR. DUMLER: 13 Q. Can you tell me how many different designs 14 there were for the packaging that contained 15 Maremont-manufactured brake linings between 1973 16 and 1977? 17 A. No, I couldn't tell you that. 18 Q. Was there more than one? 19 A. Yes. 20 Q. More than 10? 21 A. I really don't know. 22 Q. How about prior to 1973? Do you know how 23 many different designs there were for the packaging 24 that contained Maremont-manufactured brake linings? Page 64 1 MR. DUMLER: All right. Let's take a 2 two-minute break. We may be done here. 3 MR. CANONI: Okay. 4 (A recess was had.) 5 MR. CANONI: Okay. We're on the record. 6 MR. DUMLER: All right. I have a few more 7 questions for you, sir. 8 BY MR. DUMLER: 9 Q. Could you relate for me your educational 10 background? 11 A. I have a B.S. degree from the University 12 of Tennessee in Knoxville in industrial management. 13 Q. Prior to going to work for Maremont, where 14 did you work? 15 A. I worked for Proctor & Gamble. 16 Q. I take it that you did not have any duties 17 and responsibilities related to brakes there. 18 A. That's a safe assumption. 19 Q. All right. How long did you work there 20 and where did you go next? 21 A. I worked there for three years and I went 22 from there to Maremont Corporation. Do you want to 23 know prior to Proctor & Gamble? 24 Q. Correct. CERTIFIED REPORTING COMPANY Depo-Merge Page 16 uaonei novo, ei ai. v. ' Page 65 1 A. I was in the U.S. Air Force. 2 Q. What other manufacturing companies did you 3 work for? 4 A. Ford Motor Company. 5 Q. What did you do for Ford? 6 A. Assembly line foreman at Lorain, Ohio. 7 Q. What years did you work at Ford? 8 A. I worked there less than a year in 1966 9 and got drafted. 10 Q. Okay. Prior to going to work for Ford, 11 did you work for anyone else? 12 A. No, I did not. 13 MR. DUMLER: That's all the questions I have. 14 Thank you. 15 MR. CANONI: Okay. Anyone else? 16 VOICE 1: None here. 17 VOICE 2: No questions. 18 MR. BERNIER: No questions from Bernier. 19 Madam Court Reporter, I do not want a copy. 20 THE REPORTER: Thank you. 21 MR. OSBORNE: Mike Osborne here. I have no 22 questions and I would like a copy. 23 THE REPORTER: Okay. 24 MR. ROBERTS: Ted Roberts. No questions. Page 66 1 Please send me a copy. 2 THE REPORTER: Okay. 3 MR. WALSH: James Walsh. No questions. Please 4 send me a copy. 5 THE REPORTER: Okay. 6 MR. DAY: Paul Day. No questions but I would 7 like a copy. 8 THE REPORTER: Okay. 9 MR. KOUTRAS: James Koutras. No questions but 10 I'd like a copy, please. 11 THE REPORTER: Okay. 12 VOICE 3: Madam Court Reporter, would you 13 please give me your name and phone number? 14 THE REPORTER: My name is Deborah Janicek, 15 J-a-n-i-c-e-k. I'm with Certified Reporting and my 16 phone number is 312-922-1666. 17 VOICE 3: Thank you, ma'am. 18 THE REPORTER: You're welcome. 19 MR. CANONI: Okay. Thank you. 20 MR. DUMLER: Thank you. 21 (AND FURTHER DEPONENT SAITH NAUGHT.) 22 23 24 CERTIFIED REPORTING COMPANY Depo-Merge Mvanug., ci ai. Page 17 waui ici iwU| ci cai- v. 0007 1 2 IN TOE CIRCUIT COURT FOR BALTIMORE CITY 3 4 IN RE: Personal Injury 5 Asbestos Litigation 6 GABRIEL NOVO, et al. October 2001 Trial Group 7 Plaintiffs, Case No. 24X00000003 9 10 ACandS, INC., et al., 11 12 Defendants. 13 Lead Case No 24X00000187 Consol. No. 24X00000378 14 15 I hereby certify that I have read the foregoing transcript of my deposition given on 10 9-20-01 at the tine and place aforesaid and I do again subscribe and Bake oath that the same is a 17 true, correct and complete transcript of my deposition given as aforesaid, with corrections, if 18 any, appearing on the attached correction sheet (s). IB correction sheets attached. 20 ALBERT CARL LIGGETT 21 SUBSCRIBED AND SWORN to 22 before me this _____ day of _______________________ A.D. . 2001 23 24 Notary public 0008 1 STATE OF ILLINOIS ) ) 2 COUNTY OF C O 0 K ) ' 3 I, Deborah Janicek, Certified Shorthand 4 Reporter and Notary Public in and for the County of 5 Cook and State of Illinois, do hereby certify that 0 ALBERT CARL LIGGETT was first duly sworn by me to 7 testify the whole truth and that the above 8 deposition was recorded stenographically by me and 0 was reduced to typewriting under my personal 10 direction. 11 I further certify that the foregoing 12 deposition transcript is a true, correct and 13 complete record of the testimony given and of all 14 proceedings had before me. 15 I further certify that I am not a 10 relative, employee, attorney or counsel of any of 17 the parties, nor financially interested directly or 18 indirectly in this action. 18 In witness whereof, I have hereunto set my 20 hand and affixed my seal of office at Chicago, 21 Illinois, this day of____________ ______ .. 22 A.D., 2001. 23 Deborah Janicek 24 Certified Shorthand Reporter 0009 1 2 3 4 5 6 7 8 8 10 11 12 13 14 15 10 17 18 19 20 21 22 23 24 CERTIFIED REPORTING COMPANY Depo-Merge nvuiiwwij vi Page 18 yaonei i>uvo, ci <u. v. auiuuo, iul., ci <u. $ $175 7:8,11 '60's 48:9 70's 56:15; 57:3 73 30:7,14; 31:5,10,21; 40:7,7; 51:2; 23:2 76 30:7,14; 31:6,10,21; 39:20; 40:2 77 23:2; 40:4; 41:11; 51:2; 59:9 79 10:20; 12:17,21 '82 40:2 1 1 4:8; 35:9,17,21; 36:8; 47:17; 65:16 10 24:9; 62:20 10019) 2:0 108 3:15 1500 2:13 1633 2:3 19 48:6 1953 24:1,9 I960 27:21; 38:18; 39:16 1960's 48:6 1963 28:3 1966 35:23; 36:3; 38:1; 65:8 1969 37:24 1970 13:9; 39:19 1973 11:11; 12:14,24; 13:6; 14:8; 28:11,20,21; 29:3; 32:10; 33:12; 34:1,20; 41:5,10; 44:23; 47:10,15; 50:8,20; 51:18; 58:6; 59:7,8; 60:3; 62:15,22; 63:5 1976 12:6; 18:11: 19:1,19; 21:9,13; 32:10; 33:12; 34:2; 39:18,21; 40:10,16; 41:3; 49:23; 50:3 1977 12:19,24; 13:7,9,15,18; 18:13; 38:19; 49:23; 50:21; 51:18; 60:4; 62:16; 63:6 1979 10:22; 12:14; 49:8 1980 57:7,8 1982 27:21; 39:16,21 2 2 65:17 2001 1:6,18; 67:6,68 201 3:11 20910) 3:0 210 3:0 21201) 2:9; 3:0 21202) 2:2; 3:3,0 21209) 2:0 2150 2:0 217 2:13,21 2200 2:0 24X00000003 1:8; 67:8 24X00000197 1:67 24X00000378 1:11; 67:11 25 44:11 26 1:18 2:10 1:18 3 3 66:12,17 30 12:19 30th 12:24 312-922-1666 66:16 35 4:8 36 2:8 5 50 44:11 6 6 4:4 600 3:7 60525 1:19 6225 2:17 7 708-442-7439 27:12 8 8000 1:19 8630 3:0 9 9-26-01 35:10; 67:16 A A.D. 67:68 Abex 3:0 able 13:19; 34:10,16; 40:8 above 68:7 above-entitled 1:17 absorbers 22.19 ACandS 1:3; 67:0 accumulated 55:24 Accurate 6:12 acting 18:4 action 68.18 active 59:11,16 actual 16:11; 54:23; 57:18 Actually 10:23; 14:12; 18:21; 32:11,22 addition 42:18 additional 8:9,11 address 51:19 advertisement 15:15; 35:22; 36:2,8,15; 37:2,2,9,13; 47:19 advertisements 15:21; 36:14,21; 37:6; 53:13 advertising 15:10; 21:19 affidavit 8:4.15,22; 9:2,5,13; 10:4,7 affix 44:14 affixed 68:20 aforesaid 67:16,0 aftermarket 23:5 again 18:15; 27:22; 29:20; 33:17; 36:23; 67:0 against 5:12 agreements 44:20 ahead 5:5; 27:15 air 45:12; 55:5,21,21; 56:8,22; 65:1 al. 1:67 ALBERT 1:15,16; 4:3; 5:8,14; 67:68 All-In-One 42:16 Allegheny 3:0 Allied 11:16; 14:9,11; 17:1,7; 18:8; 19:5; 29:4,5,23; 39:5,8; 41:7; 43:6; 51:23 already 9:16,18; 28:22; 45:14 always 37:13 America 3:0 among 55:17,20 Anchor 2:24 animal 25:8 annual 59:2,22; 60:3 Annually 59:19 answer 8:17; 9:20; 28:17,18; 39:12 answered 47:21 answers 23:23 anybody 47:4 anyone 17:20; 51:1; 60:22; 65:11,15 anything 26:5; 30:4; 54:12,14; 58:10 anywhere 39:5; 41:20 appear 47:19 appeared 16:13 appearing 35:22; 67:18 applied 43:10,11 appreciate 28:17 around 10:20; 33:9; 55:22; 56:9 arrangement 7:4 Asbestos 1:5; 13:6,14; 56:1; 58:5,8,11,14,16,19; 59:1,4,12,23,24; 60:2,19; 61:4,6,22; 63:13,13; 67:5 asbestos-related 12:15; 13:2 asbestosis 58:9 ask 18:15; 26:15; 29:20; 39:17 asked 13:24; 47:21 asking 10:16; 57:22 assembled 11:18; 17:6,10,15; 41:8; 43:5 Assembly 65:6 assist 15:8,20; 21:16,19 assistance 13:5 assisting 14.24 associate 26:8 associated 48:10; 50:7; 58:5 ASSOCIATES 2:0 association 51:13; 58:17,20; 59:2,5,12,23; 60:3 associations 61:9 assume 12:4 assumed 18:21 Assuming 43:11 assumption 25:13; 64:18 attached 67:18,19 attend 58:18; 59:2,18; 60:2 attended 60:5 Attn 2:0 attorney 68:16 Auto 3:9; 55:17,20; 56:18,22 automobile 45:15; 46:7,9 automotive 23:4,8; 46:3,15 Avenue 2:17; 3:0 aware 23:17; 26:7; 27:22; 28:15; 44:22; 46:1,11; 60:22; 61:2 awareness 58:16 B B.S 64:11 back 8:13; 9:10; 10:11,23; 11:7; 27:17; 37:24; 38:1; 47:17; 48:6,8,9 background 64:10 BAETJER 3:2 BALTIMORE 1:2; 2:2,22; 3:3; 6:5; 67:0 based 31:21; 32:5 basement 53:19 basically 7:22; 18:4 bear 25:8; 27:24 behalf 2:5,2,19,3; 3:9,13,17; 12:15; 13:1; 58:18 believe 12:6; 24:2; 38:5; 42:8; 44:6; 45:9; 48:4; 54:12; 60:5; 61:18; 62:1; 63:2,19 benefit 5:2 BENSON 2:2 BERNIER 2:65; 65:18 best 13:8,12,16,17; 25:18; 39=1; 41:16,23 beyond 48:8 big 52:11 bill 9:15,22,23,24; 10:4,6,10 billboard 15:14 bit 21:15 block 12:2; 22:9; 25:2; 42:8,14; 43:10,14,20; 44:6 blow 55:22; 56:8,12 Bob 16:18 books 24:11 bottom 37:20 bowl-shaped 56:11 box 16:11,13; 29:9; 34:4,11,22; 41:21; 63:8,15 boxes 17:23; 26:3; 27:20; 28:5.9,11,20,21; 29:5,7; 30:1,2,4,12,18; 31:4,9,12,20; 32:11,14; 33:4,13; 34:2,11,21; 41:19; 61:23; 63:3,3,17,21 brake 11:18; 12:1: 14:1,20; 16:1,6,6,14,23; 17:6,19,23; 18:8; 19:5; 22:6; 24:16; 25:2; 27:20; 28:21; 29:5,8,22; 30:9,13; 31:4,12; 32:12; 34:3,12,21; 37:3,9,14; 38:2,6,9,11,21,22; 39:4,15,20,23,23; 40:2; 41:2,6,7,12,14; 42:17,18; 43:5,23; 44:9; 45:4; 46:4,10; 48:16; 49:3,5,9,22; 50:16; 51:3; 54:9,20; 55:22,24; 56:9,11; 57:19; 61:14; 62:3,15,24; 63:5,8,9,17,22 brakes 54:24; CERTIFIED REPORTING COMPANY Depo-Merge Index 1 uaonei inovo, ci u. v. auuiuo, me., ci <u. l</<CpU9iUUU Hi AAMVii V>CU A 55:8,11,15,17,21; 57:6,11; 64:17 brand 25:20,21; 28:12,14; 42)4; 44:19; 47:6 break 27:6; 64:2 breathing 58:8; 61:22; 63:13 Brief 6:2; 33:15 bring 26.21 Broadway 2:3 brought 33:22; 35:6 bulk 30:1 business 6:14; 22:11,23; 23:5; 33:7; 48:10; 51:9,14,15,18; 52:3,5,9,14; 53:20,23 buy 38:1,6; 50:16 C do 2:12 California 25:7 call 27:3; 45:4,5; 49:23,24; 50:3,9,11,17 called 5:15; 25:9; 52:10 campaigns 26:1 can't 40:16; 43:9; 47:24; 52:17 CANONI 2:4; 5:2; 6:9; 8:16; 9:17; 10:3,23; 11:3,5; 12:17,21; 16:14; 17:2; 19:21; 20:12; 21:7; 22:2,13,16; 23:1; 26:14,19; 27:2,8,14,17; 28:22; 29:13,17; 30:15; 31:13,23; 32:14; 33:20; 34:5,14,23; 36:16; 37:15; 38:3; 39:7,11; 40:3,9,13,19; 42:22; 45:6; 46:12,18; 47:2,21; 48:12; 49:11,19; 57:18; 59:14; 61:4; 64:3,5; 65:15; 66:19 capacity 11:6 car 57:19 card 51:15,18; 53:20 cards 51:10,14; 52:3,6,6,9,14; 53:23 CARL 1:15,16; 4:3; 5:8,14; 67:68 carton 44:12 cartons 26:3; 44:10 Case 1:1,17; 5:11.22; 8:5; 23:24; 54:15; 67:67 catalogs 26:4 - Cathy 2.0 cause 58:9 caused 57:10 Caution 61:21 center 55:14 certainly 14.2; 15:12; 32:1; 62:1 certainty 58:2 Certified 66:15; 68:3,24 certify 67:15; 68:5,11,15 cetera 16:12 change 55:17,20 changing 54:24 channels 46:20 Charles 2:8; 3:3 Chartered 3:14 Chicago 32:9; 36:3; 68:20 Chrysler 3:5 CHURCH 3:6 CIRCUIT 1:67 CHY 1:67 Classification 60:14 clean 38:11 clear 11:3 clearance 55:12 client 15:6 closed 49:5 closely 15:12 Clutch 12:2; 22:9; 25:3; 44:3; 46:12 collectors 57:12 color 16:12 comfortable 33:11; 34:1 commencing 1:18 committees 59:20 common 55:16,20; 56:7 companies 65:2 Company 3:15; 24:21; 25:16; 35:2; 38:10; 41:5; 47:12; 48:16; 50:7; 58:6; 61:19; 65:4 compartments 6:17 complete 31:3; 67:17; 68:13 compressed 55:21; 56:8,22 conference 59:2 connection 8:13; 13:5,14; 26:11 consider 15:9 Consol 1:67 consulting 6:19; 13:5,10 consumer 29:12,15 consumers 17:14; 18:9 Cont 3:1 contact 55.13 contained 31:4; 33:14; 62:14,24; 63:4,20 containing 34:3,12 contains 63:13 continue 25:21; 28:14 continued 11:5,21 contrary 26:10 conversations 32:6 Cook 68:5 copies 54:1; 62:10 copy 35:15; 65:19,22; 665;4,7,10 Corp 2:5 Corp. 3:0 Corporation 2:41; 51:20; 52:25; 54:6; 60:18,23; 64:22 correct 5:22,23; 8:5,7; 9:4,11; 11:2; 16:16; 17:8,18; 18:6,10,14; 19:11; 20:23,24; 23:9; 29:6; 30:10,11; 31:12; 33:1,6; 34:8; 35:18; 36:10; 39:10; 40:18; 44:15; 45:8,15,16,18,19,21,22,24; 46:16; 47:1,15,16; 49:9; 50:19; 51:16; 53:11; 56:24; 57:20; 59:10; 63:24; 64:24; 67:17; 68:12 correction 67:18,19 corrections 67:0 couldn't 62:17 counsel 68.16 Counter 43:4 COUNTY 68:2,4 couple 51:4 COURT 1:5; 26:20,21; 35:5; 65:19; 66:12; 67:0 courtroom 13:24 Crane 2:15 current 6:23 currently 6:18 customer 15:6; 51:4 customers 25:16; 26:8,16; 52:10; 62:4,7 cylinder 42:19 D dangers 56:6; 58:11; 59:2? DANIEL 2:0 date 12:9,18,18; 40:11 DAY 2:18; 53:9,10; 66:6,6; 67:22; 68:21 Deborah 1:20; 66:14; 68:3,0 debris 55:22,23; 56:8 Defendants 1.12; 5:12; 67:12 definition 29:15 degree 64:11 department 15:4,5,10,16; 16120; 20:7,10,21; 21:1,5,12; 50:10,10,11,13,18 depends 53:7 DEPONENT 66:21 deposition 1:16; 4:6; 7:15; 13:24; 35:9; 67:67; 68:8,12 DEPOSTION 1:15 describe 22:11,23; 27:19 describing 22:22 design 14:19; 15:24; 16:2,11; 21:16; 31:8,11 designs 62:13,23 device 56:11 didn't 23:14; 26:5,23,23; 29:4; 52:3; 60:20 different 20:13; 26:16; 46:20; 62:13,23; 63:3 direct 17:16,17 direction 68:10 directly 21:22; 68:17 disk 11:18; 12:1; 19:6; 22:9; 25:2; 29:8 distinction 49:16 distribute 6:16 distribution 46:21 distributors 43:16 divided 20:17,19 division 48:16; 49:10,14,17 document 35:8,11 documents 51:9,12; 53:16 does 15:16 doesn't 28.18 doing 28:13 done 25:19; 48:6; 52:12; 56:14; 64:2 done, 25:24 Door 7:11,11,13 doubt 36:1 down 40:10 drafted 65:9 Drive 11:16; 14:11; 17:1,7; 18:8; 19:5; 29:4,5,23; CERTIFIED REPORTING COMPANY Depo-Merge 39:5,8; 41:8; 43:6; 51:23 drum 55:24; 56:9,11 drums 55:22 duly 5.1,15; 68:6 DUMLER 2:2; 4:4; 5:6,10,11,18; 6:3; 8:20; 9:21; 10:8; 11:1,4,8; 12:20,23; 16:16,19; 17:5; 19:23; 20:3,15; 21:8; 22:4,7,20; 23:2,6; 26:18,20; 27:1,5,11,13,18; 29:2,16,21; 30:19; 31:18; 32:4,15,18; 33:18,23; 34:9,18; 35:3,5,13,17,20; 36:10,12,19; 37:18; 38:7; 39:10,13; 40:5,6,1 o', 15,21,24; 41:18; 42:24; 43:1; 45:7; 46:13,22; 47:8; 48:1,14; 49:15,20; 56:3,4; 57:20,23; 59:17; 61:5,12; 62:12; 64:1,6,8; 65:13; 66:20 during 7:19; 8:1; 22:10,24; 23:12; 54:24 dust 57:10,12; 63:13 duties 7:23; 12:10; 14:4; 64:16 duty 42:10; 46:5 dynamometer 60:15 E early 57:1 easily 45:3 East 2:13,21 educational 64:9 effect 61:21 efforts 15:21; 25:15; 26:2,7; 28:15 either 34:16; 43:13; 58:19 else 17:20; 30:4: 39:5; 51:1,17; 58:10; 60:22; 63:10; 65:11,15 employed 6:11,12,18; 36:13,22; 59:13 employee 68.16 employment 53:16 encompassed 14.13 ENGLISH 3:0 entire 10:16 entity 37:22 everything 27:22; 28:2; exact 12:9 exactly 49:8 Examination 4:4; 5:17 examined 5:16 example 43:12; 45:18 excuse 43:7 exhaust 23:14,20 exhaustive 31:10 EXHIBIT 4:5,7; 26:21: 33:20; 35:6,9,17,21; 36:7; 47:17 experience 56:16 expert 31:16 Explain 8:19 explanation 37:12; 47:18; explored 7:22, external 52:8,11 extremes 55:15 Index 2 uaurici movo, cl <u. v. Aumuo, mv., cl <u. F facilities 18:23; 20:18 facility 11:14,15,17,21,22,23; 17:7; 18:18; 19:3,4,5,8,16,19; 20:11,16,23; 21:6,12; 22:1; 25:5; 30:17; 33:3; 39:6,6; 41:8; 51:24 facing 44:4 facings 12:2; 22:9; 25:3; 46:12 factory 32:21; 49:24 fair 10:12; 30:20,22; 31:1,2,7,19; 33:10,24; 46:14 fairly 15:12; 55:16 fall 15:10,17 familiar 43:19 family 5:11 far 13:4; 15:21; 16:12; 46:14,16; 48:8 fax 9:7; 27:4,6,8,9,11; 33:22; 35:7 faxed 35:14 February 35:22; 36:3 few 6:7; 64:6 fibers 61:22 field 54:23; 55:8 figure 18:16 filed 5:12 financially 68:17 find 5:24; 6:4 fine 11:4; 12:22 firm 7:21; 10:1 first 5:15; 9:19; 55:13; 58:4; 61:16; 68:6 five-minute 27:6 FMSI 58:20; 60:6,11,18 follows 5:16 force 52:8,10,12; 65:1 Ford 3:65; 65:5,7,10 foregoing 67:68 foreman 65:6 form 8:16; 9:17; 17:2; 22:13; 29:13; 30:15; 31:13,23; 34:5,14,23; 36:16; 37:15; 38:3; 39:7; 40:3; 42:22; 45:6; 46:18; 47:2; 49:11; 59:14 fosterite 55:24 four 32:17 frequently 30:12 friction 5:12; 16:15; 23:15; 45:11; 58:20,20 FRIEDMAN 2.0 FURTHER 66:21; 68:11,15 G GABRIEL 1:6; 67:6 Gamble 64:15,23 Garlock 2:0 General 2:19; 3:9; 16:21; 32:1; 47:4; 50:24; 54:17 generally 15:17; 22:21 gently 55:14 getting 7:14 going 5:3; 48:8; 64:13; 65:10 GOLDFEIN 2:0 grab 35:15; 55:15 grinder 57:13 grinders 57:12 |rindMg 55:5,7; 56:22; Grizzly 24:1,7,17,19; 25:5,8,$,12,15,16,19; 26:2,4,5,6,9,11; 27:24,24; 28:12,14,16; 29:5,7; 37:3,5 38:6,22; 39:3; 41:6,13,15,19; 44:18,21; 45:5,10,24; 46:1,3,5,9,16; 47:1,5,20; 49:9,24; 51:22; 52:15; 53:2,6,9,13; 63:9,10 ground 55:11 Group 1:67 guess 31:1; 35:1 H hand 68:20 happen 32:24 happened 33:3; 35:1 hard 15:11 harmful 56:2; 61:22; 63:14 hasn't 9:18 haven't 10:13 hazard 58:5 headquarters 32:8 health 58:5 heard 42:1; 47:11 heavy 42:10; 46:5 heel 55:12 help 47:24 helpful 5:5 hereby 67:15; 68:5 herein 5:15 hereunto 68:19 hired 13:13 hold 27:13; 35:13 home 43:7,7 HONE 3:14,16; 36:7,7,11 honestly 52.17 hose 55 21 hoses 55:5 HOSMER 2:0 HOUFF 3:6 hourly 7:5,7 hours 7:18,20; 8:2,9; 9:3 house 43:17; 47:6 HOWARD 3:2 hundred 44:12 hunt 25:10 Hyper 42:11 I HI 27:11 Fve 10:16 I-N-D-E-X 4:1 idea 42:13 identification 35:10 identify 25:16 Illinois 1:19; 6:13; 36:3; 68:1,5,21 image 44:19 Inc 2:3 INC. 1:2; 36:3; 37:20; 67:0 incentive 45:10 incidental ,21:10 including 5:13 incorrect 24:3 indicate 23:24; 53:2 indicated 51:10,12; 63:11 indicates 37:19 indirectly 68:18 individual 44:10 industrial 64:12 industry 58:16; 61:8 information 5:20; 15.7,7: 28:9,10; 39:17; 47:11; 54:8; 58:17,19; 59:1,4,12,23; 60:2,11,24; 62:6 initial 9:24 Injury 1:67 insert 63:15,19,20 inspecting 32:23 Institute 58:21 integral 57:13 intend 5:21 interaction 19:2; 20:6,9; 21:4,11; 32:7; 62:2 interested 68:17 interplant 30:5 interrogatories 23:24 interruption 6:2; 33:15 involved 56:6 involvement 58:23; 61:10 isn't 33:24 issues 33:8 it'd 30:20 its 14:1; 16:6; 19:5; 23:11; 24:16; 27:20; 44:19; 49:13; 54:9 Itself 57:19 J J-a-n-i-c-e-k 66:15 JAMES 2:14; 3:12; 66:3,9 Janicek 1:20; 66.14; 68:3,0 Jersey 38.18; 54:11,13,19 Jim 16:18 job 7:22; 11:5; 63:22 JOHN 2:4,15; 3:16; 6:9; 36:7 joined 35:2: 41:5; 47:12; 58:6; 59:6; 61:19 Joliet 1:19 June 12:19,24; 13:6,9; 18:13 K kasowitz 2.2 keep 26:11 kidding 27:1 KEELY 2:0 Knight 50:22; 51:1; 52:17 Knight's 50:23 knowledge 13:8,12,16,17; 23:15; 245,10; 28:19; 31:3,9,20; 32:1; 38:17; 39:1; 40:20; 41:1,16; 44:23; 46:23; 47:4,9,13; 48:5; 50:2,5,6; 54:17,18; 55:3,6 knowledgeable 48:3 known 45:11,14 knows 45:21 Knoxville 64:12 KOUTRAS 3:12; 66:9,9 L L-i-g-g-e-t-t 5:9 L.L.P 2:2,3; 3:0 label 47:5,7 labeled 18:1 labeling 60:15 large 38:16 late 56:15; 57:4,4 latter 33:1 law 7:21 Lead 1:9; 67:9 learned 58:4 least 18.13 leave 10:11 left 18:12,13; 28:7; 41:11; 59:9 Leland 42:9,9 less 65:8 let's 10:18,23; 11:6,9; 22:4; 27:5; 39:19; 43:12; 64:1 letter 53:8 letterhead 51:7; 52:22; 53:1,9,10; 54:1,2 letters 52:20; 54:2; 62:10 LIGGETT 1:15,17; 4:3,6; 5:8,10,14; 35:9; 40:14; 67:68 line 22:2,4,11; 24:23; 25:1; 39:22,23; 46:5; 48:16; 65:6 lines 16.23 lining 31:12; 43:24; 44:12^3,17; 45:4; 55:13,14 linings 12:1; 14:1; 16:7; 19:5; 22:6; 25:2; 27:20; 28:21; 29:5,8,22; 30:9,13; 31:4; 32:12; 34:3,12,21; 37:3,10; 38:2,6,9,11,12,21,22; 39:5,15,20,23,24; 40:2; 41:6,7,12,14; 42:13; 43:5,10,13; 44:9; 46:4,10; 49:3,5,22; 50:16; 51:3; 54:9,20; 61:14; 62:4,15,24; 63:5,9,9,17 linings" 37:14 LIPSHULTZ 3=14 Litigation 1:5; 12:16; 13:2:5,6,10,14; 67:5 LLEWELLYN 3:16 loading 33:4 local 43:17 located 21:1 location 57:22 logo 16:12; 27:24 long 7:17: 18:17; 48:21; 59:3? 64:1$ ' look 16:12; 35:14,21; 53:18 looked 28:6,7,11; 36:15 looking 63:8 Lorain 65:6 lot 58:15,16 M ma'am 66:17 machine 9.8; 35:7 Madam 65:19; 66:12 magazine 15:15; 35:22; magazines 36:21 CERTIFIED REPORTING COMPANY Depo-Meege Index 3 uauiici 1>UVU, Cl (U V* /ICiOilUJ) JJULC.*, Cl Oil V/l iUUWl I uuu liAg^Wfcfc mail 9:7,9 maintenance 14:16 make 9:5; 46:3; 67:0 Makes 21:3 making 24:23 man 25:6 manage 11:21 managed 11:22 management 64:12 manager 11:13; 14:5,9,14; 16:21; 50:24 manufacture 6:16; 39:4,9,20; 46:9; 49:4 manufactured 16:24; 18:8; 19:15; 21:20,24; 23:7; 24:16,20; 30:9,13; 38:22; 39:16,22; 40:18; 41:2,21; 42:20; 49:22; 50:16; 63:4 manufacturer 18:5; 45:15; 46:15 manufacturing 12:12; 24:1; 49:1; 65:T MARBURY 2:16 Maremont 2:5; 5:13; 6:19,22; 10:14,19,22; 11:10; 12:15; 13:1,11,13,18; 14:1,3; 16:4,9; 17:16,19; 18:7,13,17; 22:12,22,23; 23:2,11,16; 24:1,12,12,15,20; 25:11,11,14,17; 26:9,12; 27:20; 28:21; 30:8; 32:11; 33:14; 34:4,12,21,22; 36:2,13,21,24; 37:2,7,20; 38:21; 39:4,14,16,20; 40:17; 41:2,15,21,24; 44:9; 45:4,5,14,17,20,21,23; 46:15; 47:1,20; 48:17; 49:10,14,22; 50:17; 51:7,10,13,15,20; 52:6,19,22; 53:5,10,17,21; 54:3,6,9; 55:1; 58:19; 59:3,13; 60:8,11,18; 61:3,9,13,16; 62:2; 64:13,22 Maremont's 24:7; 38:17 Maremont-manufactured 51:3; 54:20; 62:15,24; 63:5 Maremont/Grizzly 37:9,14; 38:2,14; 47:1; 48:7 MARK 2:5; 5:10; 35:6; 36:7 marked 35:8,17 market 25:22 marketing 14:23; 15:3,5,9,19,21; 16:22; 19:14; 20:7,10,16,21,22; 21:5,12; 25:19,23; 26:1,1,7; 28:15; 36:2; 37:20; 40:1; 41:11; 48:5,12,13; 50:12,17; 62:9 material 42:7; 45:11; 58:21; 60:13,17 materials 60:10 may 6:5; 64:2 maybe 44:12 McCarter 3=0 McCook 1:19; 6:13 McCoy 2:0 MD 2:9,2,22; 3:3,3,0 mean 12:18; 16:14; 19:21; 20:4; 32:14; 40:3; 42:22; 59:16 means 7:10 mechanic 37:24; 38:5; 43:7; 57:19 mechanics 54:23,24; 55:4,7,17,20; 56:8; 57:5,8,16 mechanism 57:9 meet 15:6 meeting 9:24; 32:8 meetings 8:21; 58:18; 59:18,22; 60:3 Mello 16:18 member 59:1,4,8,12; 60:6,8; 61:3 mentioned 8:24 mesothelioma 58:13 met 7:21 metal 29:8 Metallic 44:7 MICHAEL 3:8 mid 57:3 Mike 65:21 mine 51:23 Motor 3:65 Motors 2:19 move 56:3 moved 49:6 muffler 45:24; 46:1 mufflers 45:18,20,24 N name 5:4,6,10; 14:9; 22:2; 23:12,16,18; 25:17,19,20; 26:9; 33:14; 34:12,22; 38:22; 41:15; 42:1,4,21,23; 43:2,9,19; 44:16,18,21; 45:10,12,21; 46:16,24; 47:20; 48:7,19; 51:19; 53:2,4; 63:10; 66:13,14 names 16:24; 38:15; 40:1,2; 41:11,12; 44:24; 47:14; 48:10; 52:16 Nashville 11:14; 39:8 nature 6:14; 7:4 NAUGHT 66:21 necessarily 56:1 need 15:6 New 2:10; 12:7; 38:12,18; 48:20,21; 52:3; 54:11,13,19 news 58:15 next 64:20 None 65:16 nonresponsive 56:3 normal 19:24 North 3:3 Notary 67:24; 68:4 note 5:4 Nothing 13:21; 14:24; 19:20; 47:11 NOVO 1:6; 5:11; 67:6 number 5:12; 27:11; 30:3; 51:19; 63:12; 66:13,16 numbers 63:11 NY 2:0 o O'CONNELL 2:0 oath 67:0 objection 5:3; 8:16; 9:17; 17:2; 20:12; 22:13; 29:13; 30:15; 31:13,23; 34:5,14,23; 36:16; 37:15; 38:3; 39:7; 40:3,19; 42:22; 45:6; 46:18; 47:2,21; 49:11; 59:14 observe 33:8 obtain 60:23 obviously 11:5; 45:21 occasion 52:20; 54:22 occasionally 20:2,4 occurred 24:13 October 1:6; 67:6 offered 7:5 Office 26:24; 27:4,9; 68:20 often 32:11 Oh 49:8; 57:3 Ohio 11:22,23; 12:11; 14:6; 18:12,18; 19:2,4,8,16,19; 20:11,23; 21:2,6,12,17,21; 22:1; 25:5,12; 29:23; 30:10,14; 31:5,21; 32:13; 33:13; 34:3; 38:23; 39:6; 49:3; 50:1,18; 51:6,13; 52:2,5; 53:3,4,8; 65:6 oil-based 39:23 Okay 6:8.14; 7:7,14; 8:4; 9:2; 10:14; 11:1; 12:20; 13:13; 14:12; 15:2,9,20; 17:16; 23:7; 24:10; 25:23; 26:13,18,19; 27:7,13,14,17; 28:8,17; 29:10,17; 33:10,24; 34:10; 35:4,12; 36:11,20; 39:2,10; 40:21; 58:3; 64:3,5; 65:10,15,23; 66:2,5,8,11,19 old 24:9; 38:11,12; 53:23; 54:1,2 Once 20:5 one 20:16; 31:22; 36:4,8; 44:8; 49:13; 52:12; 53:9,9; 62:18 ones 56:10 onto 29:8 operation 12:5; 18:22; 29:4,6; 49:10 operations 11:13; 12:8,13; 14:5,8,13 order 37:13; 49:22 orders 45:20; 51:2 organizations 58:24; 61:2 OSBORNE 3:8; 65:21,21 OSHA 62:5 others 23:21 otherwise 9:8; 37:4; 42:14; 51:10 own 23:12; 25:11; 47:6 P PA 3:6 p.m. 1:19 package 17:11,13 packaged 29:10,11,24; packages 61:14 14:19; 15:24; 21:16,17; 62:3,14,23 Packing 2:24 pad 29:9 pads 11:18; 12:1; 19:6; 22:9; 25:2 Page 4:2,7 paid 7:1; 8:1,12; 9:18 PARKER 2:0 part 8:8; 9:19; 19:23; 30:3; 57:13; 63:12 participated 61:9 parties 68:17 Partitions 6:13 Parts 3:9; 23:8; 42:10,18; 43:17; 45:15; 46:4,8,10,15,17 pass 62:6 PAUL 2:18; 66:6 Paulding 11:22,23; 12:11; 14:6; 18:12,17; 19:2,4,8,10,15,18; 20:10,23; 21:2,5,12,17,21,24; 23:1; 25:5,7,9,12; 29:23; 30:10,14; 31:5,21; 32:12; 33:13; 34:3; 38:23; 39:2,6,12; 40:14; 42:5; 49:3,5; 50:1,18; 51:6,12; 52:1,5 Pause 35:16; 41:17; 62:11 pay 7:5; 9:12 paycheck 54:5 payment 9:16 Penton 3:0 people 7:21; 14:24; 51:5; 52:12,13 per 31:22 period 24:14 Personal 1:40; 41:1; 47:13; 67:68 Personally 21:18; 60:20,22 personnel 14:17 pheasant 25:10 ghone 32:6; 51:19; 6:13,16 PHONETICALLY 2:3 physical 32:14; 57:22 physically 18:21,23; pick 45:12 picking 37:1 pieces 44:12 PIPER 2:16 place 61:13,16; 67:16 placed 36:2; 44:24 Plaintiffs 1:7; 2:67 plant 12:11; 14:6,10,11; 17:1,11,17,20; 18:9; 25:7,12; 28:6; 29:23,23; 30:10,14,24; 31:5,22; 32:2,7,8,13; 33:4,6,14; 34:3; 38:23,24; 42:5; 49:3,5; 50:18; 51:6; 52:2,5; 53:3,4,8 pleadings 36:9 please 5:6; 8:19; 18:15; 59:20; 33:17; 66:1,3,10,13 Pneumo 3:0 Portal 7:9,9 position 11:12; 50:23 possession 53:12,15 possibility 58:13 practice 55:17,20; 56:7,13 practices 55:4; 56:21; 57:2 PRESENT 2:3; 19:21 presentations 59:24 presently 6:10,12 president 48:24 CERTIFIED REPORTING COMPANY Depo-Merge Index 4 yuuncx i^ovu, ci ui. v. a^<uiuo, xjjlc., ct <u. JL/Cp\Z9iUUJLi U1 AAUWi V>U A 'presume 24:22 pretty 11:6; 48:8 previously 9:1; 10:15 Prior 19:1,19; 21:9; 24:16; 28:11,20,21; 34:19; 39:17; 40:16; 41:3; 44:23; 47:10,15; 49:13; 50:3; 62:22; 64:13,23; 65:10 Probably 16:18; 24:14; 49:18; 51:14 procedures 60:15 proceedings 68:14 Proctor 64:15,23 produced 20:22; 32:12; 42:5 product 18:5; 22:2,4; 24:23; 25:1; 28:20; 42:7; 43:14; 45:13; 47:14; 63:13 production 14:16; 33:8 Products 16:15; 18:7; 9:9,15; 20:22; 21:15,20,24; 23:11,15,17; 24:16,19; 30:23; 32:3; 40:17; 41:2; 45:1,17; 46:6; 54:10 promote 28:14 promoted 28:15 protective 57:9 provide 6:21; 13:4,10; 15:3; 47:18 provided 10:21; 19:4; 60:11,17 providing 15:8; 21:14 Public 67:24; 68:4 purchase 12:7; 16:5,5; 24:7,13,17; 25:12; 29:11; 43:14 urchased 24:1,8,20; 5:14,15; 48:16 purchaser 17:14 purchases 45-23 purchasing 14:15; 16:3; put 5:3; 27:13; 29:8,9; 38:11; 44:14; 45:12; 47:6,14; 56:11; 61:23 Q quality 14:16; 15:7 quality-related 33:8 quantity 38:16; 44:11 question 8:19; 9:19; 10:3; 14:7; 17:3; 18:15; 28:18; 29:20; 39:11; 56:5,6 questions 14:1; 64:7; 65:13,17,18,22,24; 66:3,6,9 quicker 27:10 quite 21:15 quote 37:13 R rate 7:5,7 RE 1:67 read 67:15 ready 7:15 really 30:5; 52:11; 62:21 reason 13:19; 24:2; 32:19; 36:1; 55:10 rebranders 47:14 rebranding 18:3 rebuild 42:19 rebuilder 38:10,10; 43:7; 44:13,16; 45:3; 47:6 rebuilders 38:13; 41:6; 44:10,21,24; 54:9,16,17,19; 61:24; 62:3 rebuilt 45:4 recall 12:9; 16:8; 17:22; 26:5; 27:23; 28:1; 37:5,6; 42:12; 43:22; 44:3,8; 51:8; 52:7; 58:1 receive 6:22; 9:12; 29:7; 60:10,13,17 received 8:22; 9:16 receiving 14:17 recess 27:16; 64:4 recognize 55:16,19 recollection 13:23; 24:4; 25:18; 41:23 recollections 7:23; 25:24 record 11:3; 64:5; 68:13 recorded 68:8 records 24:11 reduced 68:9 Redwood 2:13,21 reference 41:24 refers 37:9 regarding 59:24; 60:18 regularly 59:18 regulations 62:5 relate 64:9 related 15:13; 53:8; 54:15; 56:1; 61:4,6; 64:17 relationship 25:4 relative 68:16 relevant 5:21 remanufacturer 43:15; 49:21; 50:15 remanufacturers 46:24 remember 8:5; 13:20; 36:14,20; 37:1; 38:15; 43:10; 49:8; 52:9,18; 57:1,5; 61:20 remote 58:12 remuneration 6:22 render 9:24 rendered 9:15,22,23; 10:4,6 replacement 46:7,10 reported 1:20 reporter 5:3; 26:20,21,23; 2773,7; 35:5,12,19; 65:19,20,23; 66:2,5,8,11,12,14,18; 68:4,24 Reporting 66:15 represent 5:11; 12:18 representation 25:22 represented 5:20 reproduced 36:8 required 62:10 resale 17:14 resell 38:12; 44:14; 54:10 resin-based 39:22 respect 19:8,14; 20:7; 26:2; 31:8; 39:2; 48:6; 55:4; 57:10; 62:3 respirators 57:14,17 responsibilities 12:4,11; 14:4,5,13; 30:8; 48:23; 64:17 responsibility 14:19,22; 15:1,2,16,24; 16:2; 18:20,22; 19:7,13; 20:17 responsible 12:12; I4:f0,15; 16:3; 20:21; 21:14; 49:2,4 rest 52:4 resulted 8:15 retained 53:16 review 24:11 reviewing 9:13 revisions 9:5 right 6:18; 8:8; 10:2,9,21; lf-9,20; 12:10; 14:18; 15:23; 16:4,20; 17:9,10,13,19; 18:11; 19:1; 21:23; 22:8; 24:14; 25:1; 27:5,8,15,19; 28:4; 30:20; 31:2,8; 32:10,22; 33:2; 34:19; 37:8; 38:13; 39:19; 40:12,13,16; 41:10,14; 42:6; 43:11; 44:7; 47:9; 50:5,9,14,15; 51:17,21; 52:4,19; 54:14; 57:4; 58:23; 59:22; 64:1,6,19 Road 1:19 ROBERTS 3:65; 65:24 ROBINSON 2:12 Rogers 16:18 routines 60:15 RUDNICK 2:0 run 35:14,15 S S-y-n-c-r-o 44:2 safe 64:18 Saftigrip 43:8,12,13 SAITH 66:21 sale 49:2,13 sales 15:18,20; 16:21; 19:14; 20:7,10,16,20,21; 21:5; 38:18; 50:10,11,12,17; 52:8,10,11,14; 62:9 saw 30:22; 56:10,21; 57:9,12 saying 34:1; 60:21 scheduling 14:16; 15:7 seal 68:20 Sears 11:19; 17:15,17,21,24; 18:2,4; 29:9; 41:3,9; 42:17,20,23; 43:2,2,6; 56:10,14,19; 63:16,18,21 seeing 27:23; 28:9; 36:14,20; 37:1,5,6; 52:9; 57:1,5 seen 35:23; 63:2 sell 17:19; 23:11,18; 43:6,16,17,18; 44:16; 45:3 selling 41:5,7; 46:17,24; 47:5 send 52:20; 62:9; 66:1,4 sending 53:8 sense 21:3 sent 9:10; 26:22; 61:24 separate 20:20 September 1:18 service 51:4 services 5:24; 6:21; 7:2; 10:21; 13:4,10,11; 15:3 set 42:17; 68:19 Seventy-six 40:13 sheet(s) 67:18 sheets 67:19 shipment 30:6 shipped 19:10; 30:23; 31:5; 33:13: 34:2; 61:14 shipping 14:17 shock 22:18 shocks 23:14,19 shoe 29:8; 38:12; 44:14,17; 45:4 shoes 11:18; 14:20; 16:1,6; 17:7,20,24; 18:8; 42:18; 62:4 Shops 56:18,23 Shorthand 68:3,24 signature 8:23 signed 8:4; 9:10 Silver 3:0 Silvertip 43:19 similar 36:15 simultaneously 56:12 single 16:5 sir 5:7; 22:10; 27:19; 33:10; 35:14,21; 36:13; 49:9; 53:12; 54:22; 56:6; 58:3; 64:7 small 15:12 Smith 2:17 smoker 58:9 sold 14:20; 16:1,6; 17:23,24; 18:9; 19:15; 21:21; 22:18; 23:8; 27:20; 32:2; 34:21; 38:9,14; 40:18; 41:3,8,14,19,21; 42:23; 43:2,15; 44:9,10; 45:17; 46:20; 47:5; 54:9,16; 62:4; 63:16,18,21 somebody 15:14; 45:23; 48:4 someone 43:14; 45:20; 48:2 Something 61:21 Sometime 10:20; 11:11 somewhere 33:5; 34:4,22 sorry 33:22; 38:1; 40:5 sort 18:3 sounds 44:3 source 16:5 South 2:8 speak 50:20 Specific 21:23; 25:24; 28:19; 30:8; 54:13,14 speculating 39:18 spend 7:14,17; 8:14,21 spent 8:10; 9:13 Spring 3:0 SS 44:7 staff 52:5 Standards 58:21 Start 10:18; 11:10; 12:3; 39:19 Started 11:13; 14:8; 25:7; 40:7 State 5:6; 25:8; 38:18; 54:10,19; 68:1,5 statement 41:20 states 37:13 stenographically 68:8 Step-by-step 63:23 stop 10:18 stopped 10:24 Street 2:8,21; 3:3,0 strike 16:9; 20:8; 23:10; 30:21; 39:3,14; 48:3; CERTIFIED REPORTING COMPANY Depo-Merge Index 5 56:3,17 style 31:11 styles 63:3 stylized 27:23 subscribe 67:0 SUBSCRIBED 67:0 subsidiary 49:17 Suite 2:2,3; 3:15 supplied 23:10,23 supplier 17:17 supply 23:14 sworn 5:1,16; 67:68 Synco 44:2 Syncro 44:2 systems 60:14,14,16 T T-r-u-g-a-r-d 44:5 taken 1:17 taking 51:2 talk 22:4 talked 50:13 talking 22:18,21; 46:7; 57:18 TED 3:65 telephonic 1:16 tell 6:10; 28:5,6; 39:15; 40:23; 51:17; 58:3; 59:3; 62:13,17 tendered 35:11 Tennessee 11:14; 49:6; 64:12 test 60:15 testified 5:16; 10.14; 13:18; 20:14; 28:23; 39:8 teStilV 5:21; 10:10; 12:14; 13:1; 40:8,17; 68:7 testifying 6:5; 33:12 testimony 6:1; 13:11; 68:13 testing 60:14 Thank 36:11; 65:14,20; 66:17,19,20 That's 5:23; 8:7; 9:4,11; 11:4; 12:21; 15:18; 17:9,18; 18:6,10; 24:14; 25:8; 28:17; 30:11; 33:6; 35:6; 40:12; 44:15; 47:16; 48:2,8; 50:19; 53:11; 56:24; 59:10; 63:14; 64:18; 65:13 there's 45:24; 46:1 therefore 34:10 thereupon 35:8 they're 20:13; 61:5 things 58:14 think 10:3; 14:2; 15:18; 23:19,22; 26:10,16; 29:13; 39:7; 48:9; 53:6; 54:4; 58:1; 63:14 THOMAS 2:0 thought 10:13 Three 7:18,18,19; 8:2,9; 9:3; 48:22; 64:21 time 6:23; 7:6,11,14,24; 8:1,9,12,14,22,24; 9:12; 10:10,11,11,16; 22:10,24; 23:12; 24:14,20; 32:20; 41:4,7; 48:11; 49:13; 54:24; 58:4,7; 59:9; 67:16 times 32:17 title 48:24 today 7:2,12 toe 55:12 toilet 6:16 told 6:8; 58:7,10,12,14; 63:22 TORES 2:0 tour 33:3 toward 55:14 Towson 3:3 trade 16:24; 22:2; 40:1; 41:11; 43:9; 44:18 transcript 67:67; 68:12 transpired 31:17 Trial 1:5; 6:5; 67:0 tried 26:10; 62:5 trips 31:22; 32:5,6 truck 12:1; 22:9; 25:2; 42:8,10; 43:10,13,20; 44:6; 46:5 true 34:19; 67:17; 68:12 Trugard 44:5 truth 68:7 trying 18:16 Turn 10:24; 12:7; 48:20,21 twice 20:5; 32:5 Two 3:7; 7:19; 8:2,8; 9:2; 20:17; 31:22; 32:17; 52:12 two-minute 64:2 type 15:2; 42:6 typewriting 68:9 typically 63:22 U U.S 65:1 ultimate 29:11 ultimately 8:15 Ultra 42:1 understand 7:10; 8:17; 14:7; 17:3; 22:16; 25:6; 29:18; 31:14; 42:3; 49:16 understanding 5:19; 26:15; 55:10,23; 56:5 understood 56:7 University 64:11 upon 31:22; 32:5; 53:7 use 12:21; 44:18,21; 53:9,10; 55:21; 56:8 used 25:9; 31:20; 54:19; 56:10; 57:14 using 55:5,5; 56:22; 57:9,16 V vacuum 56:12 various 33:7 VENABLE 3:2 vice 48:24 visit 56:18 Visited 20:2; 30:17 visiting 32:7,8,21,23 VOICE 65:16,17; 66:12,17 Volkswagen 3:17 W WALSH 2:14; 66:3,3 want 12:21; 26:14; 27:9,14; 29:14; 39:11; 50:16; 64:22; 65:19 wanted 25:21; 43:18; 49:21; 55:12 warehouse 43:16 warning 61:13,17,20; 63:12 warnings 62:10 wasn't 28:3; 56:1 Wayne 50:22; 52:17 Well 26:18; 29:16 We're 27:17; 64:5 wear 55:14 Wednesday 1:18 weeks 6:7; 18:24 welcome 66:18 well-known 25:20; 28:13 went 18:11; 34:7; 40:14; 48:15; 64:21 Whatever 27:10; 31:19 wheel 42:19 whereof 68:19 whether 16:9; 24:15; 31:10; 34:20; 37:3; 42:13; 43:23; 46:23; 52:13; 53:7; 56:6; 60:21 whole 68:7 whom 16:4; 54:9 whomever 43:18 whose 15:15 Why 25:8; 27:2; 37:8,12; 38:8; 39:15; 45:11; 47:18 wider 46:16 within 15:10 Witness 2:4; 5:1,8,15; 8:18; 10:5,24; 11:2; 16:17; 17:4; 20:1; 22:5,14,17; 23:3; 26:15; 27:12; 28:24; 29:19; 30:16; 31:15,24; 32:16; 33:16,21; 34:6,15,24; 36:17; 37:16; 38:4; 40:12,22; 46:19; 47:3,23; 48:13; 49:12; 55:7; 57:21; 59:15; 61:7; 68:19 WOLFE 2:0 WOOLSON 2:12 word 34:4 words 23:7 work 6:19; 8:12; 18:21; 19:18,24; 22:22; 24:12; 48:15,21; 64:13,14,19; 65:3,7,10,11 worked 10:17; 18:17: 22:24; 23:12; 29:3; 36:24; 52:1,19; 54:2; 55:1; 64:15,21; 65:8 working 10:19,24; 11:10; 33:7 wouldn't 13:19; 16:2; 23:13; 24:4; 27:22; 33:11,11; 34:16; 36:4; 37:17; 63:1 Woven 43:21 wrong 40:11 wrote 40:10 X XP 43:21 Y year 12:3,3; 20:5; 31:22; 32:5,17; 60:3; 61:16; 65:8 year-and-a-half 18:19 years 13:21; 24:9; 40:8; 48:22; 56:13; 60:5; 64:21; 65:7 yet 9:22,23 York 2:0 You'd 22:22; 45:11; 50:11 you'll 10:10 you're 5:3; 6:10; 9:22; 18:4; 27:1; 34:1,10; 39:10; 57:18; 60:21; 66:18 you've 9:23; 28:22; 53:16; 63:2 CERTIFIED REPORTING COMPANY Depo-Merge Index 6