Document 1rRJ56M1GgLBKwYxEOLer0yj

1 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS 2 C . A. # 69-302Q1-F 3 4 ALICE L. WARREN, ADMINISTRTRIX OF THE ESTATE OF JOHN H. WARREN, 6 DECEASED 6 VS . 7 THE DOW CHEMICAL COMPANY, THE B.F. GOODRICH COMPANY, UNION CARBIDE 6 COMPANY, AND CONTINENTAL OIL COMPANY 9 10 DEPOSITION OF: TERRY NELSON, taken before Joanne Coyle, Certified Shorthand Reporter, 1 1 Notary Public pursuant to the Federal Rules of Civil Procedure, at the offices of Morrison, 12 Mahoney & Miller, 1145 Main Street, Springfield, Massachusetts, on May S, 1990, commencing at 13 10:00 A.M. 14 APPEARANCES: 1 5 (PLEASE SEE PAGE 2) 16 Joanne Coyle Certified Shorthand Reporter 17 18 PHILBIN A ASSOCIATES 19 Certified Shorthand Reporters Certificate of Proficiency 20 Certificate of Merit 21 COMPUTER ASSISTED TRANSCRIPTION 22 95 State Street Springfield, MA 23 01103 Tel (413) 733-4078 P,0. Box 402 Pittsfield, MA. 01201 Tel (413) 499-2231 COMPUTERIZED TRANSCRIPTION RSV0022192 PHILBIN & ASSOCIATES 2 1 APPEARANCES: 2 ROBINSON DONOVAN MADDEN & BARRY, 1500 Main Street, Springfield, Massachusetts, representing the 3 Plaintiffs. BY: JAMES H. TOURTELOTTE, ESQUIRE 4 MORRISON, MAHONEY & MILDER, 250 Summer Street, 5 Boston, Massachusetts 02210, representing the Defendant B.F. Goodrich. 6 BY: JOSEPH E. RENDINI, ESQUIRE 7 NUTTER, MCCLENNEN & FISH, One International Place, Boston, Massachusetts 02110-2699, representing 8 the Defendants Dow Chemical, Union Carbide and Conoco. 9 BY: SHARON R. BURGER, ESQUIRE 10 MELICK & PORTER, One Joy Street, Boston, Massachusetts 02108, representing the Deponent 11 Monsanto Company. BY: ROBERT P. POWERS, ESQUIRE 12 13 * Sf # l|l * 14 15 16 17 18 19 20 21 22 23 COMPUTERIZED TRANSCRIPTION RSV0022193 PHILBIN & ASSOCIATES 3 INDEX 2 3 WITNESSES: DIRECT CROSS REDIRECT RECROSS 4 Terry Nelson 5 6 7 3 EXHIBITS: DESCRIPTION PAGE o Defendant 1 Subpoena 1,0 Defendant 2 Subpoena ' Defendant 3 9/10/75 Letter 11 Defendant 4 Schedule A and Responses Defendant 5 2/28/74 "Supplemental VCM" 12 Defendant 6 1/7/72 Letter Defendant 7 12/10/71 Memo 13 Defendant 8 3/5/72 Letter Defendant 9 10/24/68 Memo 14 Defendant 10 6/3/68 Memo Defendant 11 2/9/68 Memo 15 Defendant 12 10/5/56 Memo Defendant 13 Standard Procedure for Tank Car 16 Unloading Vinyl Chloride Defendant 14 7/24/75 Tank Farm K-l VCM 17 Shutdown Defendant 15 Map 18 De fendant 16 Requirements for VCM Regulated Area 19 Defendant 17 1/8/75 Memo Defendant 18 10/2/73 Memo 20 Defendant 19 12/6/71 Re DOT Regulations Defendant 20 1/12/72 Relief Valve Inspections 21 Defendant 2 1 6/7/68 Memo Defendant 22 8/7/57 Letter 2 2 Defendant 23 8/7/57 Permit (Exhibits ret a ined by counsel) 23 5 5 35 57 89 89 89 89 69 89 89 89 122 122 122 122 122 122 122 122 122 122 122 RSV0022194 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 4 1 STIPULATIONS 2 3 It Is agreed by and between the parties that all 4 objections exoept objections as to the form of the 5 question are reserved to be raised at the time of 6 trial for the first time. 7 8 It is further agreed by and between the parties 9 that all motions to strike unresponsive answers are 10 also reserved to be raised at the time of trial for f 11 the 'first time. 12 13 It is also agreed that the deponent will read 14 and sign the deposition and that the filing of the 15 said deposition will be waived. 16 17 It Is further agreed by and between the parties 18 that notification to all parties of the receipt of 19 the original deposition transcript Is also hereby 20 waived. 21 22 ft * $ * * 23 COMPUTERIZED TRANSCRIPTION RSV0022195 PHILBIN & ASSOCIATES 5 1 TERRY NELSON, Deponent, having been first duly 2 sworn, deposes and says as follows: 3 4 MR, RENDINI: The witness has stated, 5 prior to going on the record, that he will read and e sign the transcript of this deposition and 7 therefore, Mr, Nelson, as soon as you receive a copy 3 through Mr. Powers, you have thirty days to read It 9 and sign it and make any necessary corrections. I 10 am sure M,r . Powers will instruct you on how to make 11 those corrections by using the signature sheet that 12 is provided. 13 If you do not return a signature sheet 14 with any corrections you wish to make within thirty 15 days of having received the transcript, it will be 16 deemed as if you had approved it as it is written. 17 Let's go off the record for a minute. 18 (Off record discussion) 19 MR. RENDINI: Let's mark these as 20 Exhibit Number 1 and 2. 21 (Defendant's Exhibit 1&2 offered and marked 22 for identification) 23 COMPUTERIZED TRANSCRIPTION RSV0022196 PHILBIN & ASSOCIATES 6 1 DIRECT EXAMINATION BY MR. RENDINI 2 3 Q, Let me begin with some background 4 information. Mr. Nelson, my name is Joseph 5 Rendlni, I represent B.F. Goodrich, one of the 6 defendants in this action brought by Mrs. Warren. 7 If, at any time during this deposition, you don't 8 understand or don't hear one of my questions, just 9 ask me to repeat it and I will. If you need to have 10 it rephrased, I /will rephrase it. If, at any time, 11. you would like to take a break, just let us know. 12 Have you ever had your deposition taken 13 before, sir? 14 A. Yes. 15 Q, So you know that it is necessary that you 16 keep your voice up and that you respond verbally 17 rather than with nods of the head, et cetera? 18 A. Yes . 19 Q. Would you state your full name for the 20 record, please, sir? 21 A. Terry L. Nelson. 22 Q. Your date of birth, sir? 23 A, May 22nd, 1944. COMPUTERIZED TRANSCRIPTION RSV0022197 PHILBIN & ASSOCIATES 7 1 Q. Your place of birth, sir? 2 A, Newport, Maine. 3 Q. Your current residence, please? 4 A. 2 Tall Timber Drive, Wllbraham, 5 Massachuse tts. 6 Q. Are you presently employed, sir? 7 A. Yes . a Q. Who is your employer? 9 A, Monsanto Company. 10 Q. Is that the full name of Monsanto 11 Company/ j ust Monsanto Company? 12 A. Yes . 13 Q. There is no "Inc." appended to that? 14 A. No. 15 Q * What is the address of your employer? 16 A. 730 Worcester Street, Springfield 01151. 17 Q. How long have you been employed by 18 Monsanto? 19 A. Approximately twenty-four years. 20 Q. Have you always worked -- are you working 21 now at 730 Worcester Street? 22 A. Yes . 23 Q Have you always worked at 730 Worcester COMPUTERIZED TRANSCRIPTION RSV0022198 PHILBIN & ASSOCIATES 8 1 Street during your employment by Monsanto? 2 A. No. 3 Q. Where did you first work for Monsanto? 4 A. At that location, 5 Q. At any time, did the location change? 6 A. Yes. 7 Q. Where else did you work and during what 8 times did you work there? 9 A. I worked at the Trenton Resins Plant in 10 Trenton, Michigan between the years of 1976 and 11, 1979 . 1 2 Q. Anywhere else? 13 A, No. 14 Q. So your entire career atMonsanto has 15 been spent in either the Springfield address or the 16 Trenton Resins Plant? 17 A. Yes. 18 Q. Sir, can you tellme, when you were first 19 hired, what position you held at Monsanto? 20 A. I was aproductionsupervisor. 2i Q. Do you remember the year in which you 2 2 were hired? 23 A. 1966. COMPUTERIZED TRANSCRIPTION RSV0022199 PHILBIN & ASSOCIATES 9 1 Q, What were your duties as production 2 supervisor? 3 A. Bay-to-day management of some of the 4 manufacturing operations at that time. In the 5 Blrcham Bend Plant. 6 Q. Can you spell Blrcham Bend? A. Blrcham -- B-I-R-C-H-A-M; Bend 8 3-E-N-D . 9 Q. Where Is that plant located? 10 A. That Is currently a part of the Monsanto 11 Indian Orchard facility. At one time, they were 12 separate manufacturing operations. As a matter of 13 fact, Monsanto purchased the Indian Orchard facility 14 from Shawinagin Resins of Canada in the early 15 1960's. 16 Q. When you refer to the Indian Orchard 17 plant, are you referring to the address in 18 Springfield that you gave us before? 19 A. That is correct. 20 Q. So that Monsanto facility is referred to 21 as Indian Orchard? 22 A, That is correct. 23 Q. Is Blrcham Bend physicallycontiguous COMPUTERIZED TRANSCRIPTION RSV0022200 PHIIiBIN & ASSOCIATES 10 1 with Indian Orchard? 2 A. Yes. 3 Q. And they are both in Springfield? 4 A. Yes, 5 Q. What manufacturing operations did you 6 supervise starting In 1966, as a production 7 supervisor? 8 A. I supervised In the area known as the 9 Gelva Department -- G-E-L-V-A. 10 Q. What is the Gelva Department? 11 A, It is a polymerization area. 12 Q. At that time, when you began work, did 13 your work in the Gelva Department entail the use or 14 the supervision of the use of vinyl chloride 16 monomer? 16 A. No. 17 Q. After you were made a production 18 supervisor in 1966, did your position with Monsanto 19 ever change? 20 A. Yes. 21 Q. How long were you a production 22 supervisor, approximately? 23 A. Five years. RSV0022201 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 11 1 Q. When your position changed* what did it 2 change to? 3 A. X became a training supervisor in the 4 Personnel Department. 5 Q. What were your duties as training 6 supervisor? 7 A. To develop training programs for wage 8 employees in the plant. 9 Q. Did you become involved in the production 10 process as a training supervisor? 1 1 A. Yes. 12 Q. What phases of the -- what was being 13 produced at this plant? 14 A. The basic raw material was vinyl acetate; 15 and the various departments at the Bircham Bend 16 plant used vinyl acetate as a basic hydrocarbon raw 17 material to produce a variety of resins which were 18 primarily used as adhesives and coatings. 19 Q. So you developed training programs as 20 training supervisor and those training programs were 21 used to train other employees ? 22 A. Wage emp loyees, pr imarily. 23 Q Did you, yourself, become involved in COMPUTERIZED TRANSCRIPTION RSV0022202 PHIDBIN & ASSOCIATES 12 1 directly supervising production processes while you 2 were a training supervisor? 3 A. No . 4 Q. Did you actually supervise any employees 5 as a training supervisor? 6 A. No. 7 Q. How long were you a trainingsupervisor? 8 A. Approximately three years. 9 Q. So that would take us up to about 1974 or 10 so? 11 A. That is correct; yes. 12 Q. In 1974, did your position with Monsanto 13 change? 14 A. Yes. 15 Q. VJhat did it change to? 16 A. I became a general personnel supervisor 17 in the Personnel Department at the same plant. 18 MS. BURGER: If I can ask for 19 clarification, when you say the same plant, you are 20 talking about the Blrcham Bend plant? 2 1 THE WITNESS: Yes. 22 Q. {BY MR. RENDXNI) As a further 23 clarification, what time did -- did Blrcham Bend -- RSV0022203 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 13 1 strike that. 2 Did Bircham Bend ever become a part of 3 the Indian Orchard facility? 4 A. Yes; in 1993, officially the plants were 5 unified into one organization within the company 6 within Monsanto Chemical Company. 7 Q, When was Indian Orchard first acquired by a Monsanto? 9 A. Indian Orchard? 10 Q. Yes; Indian Orchard. 11 A. Well, the original two plants were -- the 1 2 Fiberloid Corporation built the Springfield facility 13 in the early 1900's and that was acquired by 14 Monsanto, to the best of my knowledge. In the 1930's 15 from Fiberloid Corporation. The original Bircham 16 Bend facility was built by Shawinagln Resins of 17 Canada in the 1930's and It became a wholly owned 18 part of Monsanto in the early-1960's but the two 19 plants remained separate in terms of operating 20 within different divisions of the -- at that time, 2 1 the Monsanto Polymers and Petrochemical Company 22 until 1983, when they were united into the Indian 23 Orchard facility. RSV0022204 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 14 1 Q. You mentioned the Monsanto Polymers and 2 Petrochemical Company, correct? 3 A. Yes. 4 Q. Is that a separate corporate entity from 5 Monsanto Company? 6 A. That is a part of the corporation. The 7 corporation is divided into several operating a companies and subsidiaries and at that time, the 9 Monsanto Polymers and Petrochemical Company was 10 primarily the chemical manufacturing portion of the n Monsanto Corporation. 12 Q. Was it a subsidiary of Monsanto 13 Corporation? 14 A. I don't understand what the terminology 15 is in terms of being able to give you the right 16 answer to that. 17 Q. Let me see if I can make myself clearer 18 so you can understand. I believe you referred to 19 and correct me if I am wrong I believe you 20 referred to operating divisions and subsidiaries, am 21 I correct? 22 A, Yes. There are some parts of the company 23 that are currently -- I can give you the terminology COMPUTERIZED TRANSCRIPTION RSV0022205 FHILBIN & ASSOCIATES 15 1 but I don't understand the business difference, 2 Q, Give me the terminology so we can use 3 it , 4 A, The operating companies are Monsanto 5 Chemical Company, currently; and that is comprised 6 of several parts of the business including what used 7 to be known as Monsanto Polymers and Petrochemicals a Company and several other chemical manufacturing 9 companies -- the Industrial chemicals company. 10 rubber chemicals company and that is about all I can 11. recall at the time. They were -- at various points in the 13 history, the organization has changed and it is 14 currently what plants used to be in Monsanto 15 Polymers and Petrochemicals Company included the 16 Springfield facility and the Bircham Bend facility 17 and they are, today, part of the Monsanto Chemical 18 Company which, as an operating company of the 19 corporation versus subsidiaries, as I understand it 20 from a business standpoint, would be wholly owned by 21 the corporation, whereas subsidiary may not be in 22 the same business agenda or business ownership 23 situation as the operating companies of the COMPUTERIZED TRANSCRIPTION RSV0022206 PHILBIN & ASSOCIATES 16 1 corporation. 2 Q. Let's leave this topic for a moment and 3 come back to it a little later. Let's go on with 4 your career. 5 In 1974, you became a general personnel 6 supervisor? 7 A. Yes'. 8 Q. The way we got into that little 9 digression about the Monsanto corporate structure 10 was to ask you to get into your duties as general 11 personnel supervisor. 12 What were your duties as general 13 personnel supervisor? 14 A. I was responsible for supervision of 16 benefits and labor relations at the Blrcham Bend 16 plant. 17 Q. When you were a training supervisor, were 18 you also at Bircham Bend? 18 A. Yes. 20 Q. Did you have actual supervisory 21 responsibility over any employees as general 22 personnel supervisor? 23 A. Yes; I had a secretary and a benefits RSV0022207 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 17 1 clerk. 2 Q. Is this what would be referred to as a 3 back office function, if you understand the 4 terminology? 3 A. I don't understand the terminology. 6 Q, Were you involved -- were you* at any 7 time a general personnel supervisor, involved in 8 supervising any aspect of the production process? 9 A. No. 10 Q. So you were essentially doing personnel 11 paperwork? 1 2 A. It was a staff function to the 13 manufacturing operation; yes. 14 Q. That is the word I was searching for. 15 Staff. How long were you general personnel 16 supervi sor? 17 A. Until 1976. 18 Q. 19 Resins? At that point, you went out to Trenton 20 A. Yes. 21 Q. That is in Michigan, correct? 22 A . Yes . 23 Q. What was your post at Trenton Resins? RSV0022208 COMPUTERIZED TRANSCRIPTION PHILBIN 8 ASSOCIATES 18 1 A. Personnel superintendent* 2 Q. What were your duties as personnel 3 superintendent? 4 A. Again, staff function responsibilities 5 for the administration of all personnel-related 6 items, labor relations, benefits, and safety, 7 Q. What sort of responsibility did you have 8 for safety? 9 A. The staff management, developing 10 programs, maintaining records, logs as required by 11 regulatory agencies, had day-to-day staff functions 12 for safety administration in support, again, of the 13 line operations and the manufacturing organization. 14 Q. What agencies -- you say regulatory 15 agencies, keeping logs for them, et cetera. What 16 sort of agencies are you talking about here? What 17 particular agencies? 18 A. Federal OSHA and Michigan OSHA -- MIOSHA 19 in the case of that state in the safety areas; and 20 the Office of Equal Opportunity Employment in the 2 1 federal sense for matters of personnel policy. 22 Q. In that function as personnel supervisor, 23 would you be responsible for keeping records such as RSV0022209 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 19 1 accident records of employees? 2 A. Yes . 3 Q. Health records of employees? 4 A. Yes . 5 Q. Did you ever formulate or parti cipate In 6 the formulationof safety guidelines? 7 A. Yes . 8 Q. What did those safety guideline s pertain 9 to, especially? We are talking about -- s trike that 10 question. It is a bad question. Did thos e safety n guidelines pertain to the use of chemicals or 12 chemical compounds? 13 A. Yes. 14 Q. What was the business of the Tr enton 15 Resins Plant? 16 A, The major products of the plant were , 17 again, similar -- very similar to the Birc ham Bend 16 facility -- adhesives and resins as well a s -- that 19 were of a vinyl acetate chemical base comp osition 20 and they also produced the styrene allyl a 1c oho1 21 copolymer material that was used in paint 22 manufacture and the automobile industry. 23 Q, While you were at the Trenton R sins RSV0022210 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 20 1 Plant, did you ever participate in the formulation 2 of any safety standards or procedures for the 3 handling of vinyl chloride monomer? 4 A. No. 5 Q. Was vinylchloride monomer used at that 6 plant? 7 A. No . 8 Q. Did you ever participate in the 9 formulation of safety standards for polyvinyl 10 , chloride? 11. A. No. 12 Q. Was polyvinylchloride used inany form 13 at that plant? 14 A. Only in the form of pipes and as a final 15 product, we used the PVC piping for construction 16 purposes. 17 Q. So it wasn't used as part of the 18 manufacturing process? 19 A. No , 20 Q. You were at the Trenton Resins Plant 21 until 1979? 22 A. Yes, 23 Q. Did your duties at that time change COMPUTERIZED TRANSCRIPTION RSV0022211 PHILBIN & ASSOCIATES 21 1 again? 2 A. Yes. 3 Q. What happened to you in 1979? 4 A. I transferred back to the Bircham Bend 5 plant as safety and benefits supervisor in the 6 Personnel Department. 7 Q. What were your duties as safety and 6 benefits supervisor? 9 A. Staff function, supporting the 10 manufacturing organization in developing safety 11 programs for the plant and managing the day-to-day { 12 administration of the benefits program as part of 13 the personnel function. 14 Q. How did your duties, when you transferred 15 back to the Bircham Bend plant in 1979, differ from 16 the duties that you held at Trenton Resins, if at 17 all? 18 A. They were narrower in scope. A larger 19 plant but it is not -- the duties were not the same 20 in terms of labor relations. I had no 21 responsibility for labor relations. 22 Essentially that was the major change -23 and the size of the two different plants was COMPUTERIZED TRANSCRIPTION RSY0022212 PHILBXN & ASSOCIATES 22 1 considerably different. 2 Q. So you had a narrower scope of a 3 responsibility for a larger facility? 4 A. that is correct; yes. 5 Q. And the main difference was the 6 elimination of the labor relations function, 7 correct? 8 A. Yes. 9 Q. Did you participate at Bircham Bend, 10 starting in, 1979, in the formulation of safety 11 standards? 1 2 A . Yes. 13 Q. Did any of thosestandards pertain to 14 strike that. 15 When you returned to Bircham Bend in 16 1979, was polyvinyl chloride being used at Bircham 17 Bend as part of the manufacturing process? 18 A. , No. 19 Q. Was vinyl chloride in any form being .used 20 as part of the manufacturing process at that time? 21 A. No. 22 Q, Did you participate in the formulation of 23 any safety standards or safety procedures for either COMPUTERIZED TRANSCRIPTION RSV0022213 FHILBIN & ASSOCIATES 23 1 polyvinyl chloride or vinyl chloride monomer at 2 Blrcham Bend in 1979? 3 A, No. 4 Q. After you became safety and benefits 5 supervisor at Blrcham Bend in 1979, did your 6 title did your job title ever change 7 subsequently? 8 A. Yes. 9 Q. When did it change? 10 A. In 1983, I transferred to the 11 Transportation and Materials Handling Department at 1 2 the same time of the plant consolidation Into the 1 3 Indian Orchard facility and I worked there as a 14 materials -- hazardous materials specialist. 15 Q. What were your duties as a hazardous 16 materials specialist? 17 A. I was responsible forknowing the 18 transportation regulations for hazardous materials 19 and for training our employees in compliance 20 procedures and also working with the community on 21 developing emergency response procedures. 22 Q. Did the physical strike that. Did you 23 change your offices physically? Did you move, RSV0022214 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 24 1 physically, when you took this new position? 2 A. Yes. 3 Q. Did yon change your address in any way -4 your business address? 5 A. Well, at that time, as I mentioned, the 6 consolidated business address of the plants would 7 have been different than the previous address of the 8 two individual sites. 9 X moved physically from the old Blrcham 10 Bend site to the old Springfield site so I moved 11. into what is today called the East Plant. 1 2 Q. What training or experience had you had 1 3 up to 1983 which qualified you as a -- or prepared 14 you to function as a hazardous materials specialist? 15 A. My safety training for one thing, 16 manufacturing knowledge and experience and general 17 experience in dealing with various types of 18 transportation vehicles as well as a considerable 19 amount of training in our corporate transportation 20 and materials handling group on regulatory 21 requirements and Monsanto transportation policies. 22 My background is a chemical engineer so 2 3 the other, professionally, that is the type of COMPUTERIZED TRANSCRIPTION RSV0022215 PHILBIN & ASSOCIATES 25 1 training that lines up with that type of a job 2 function. 3 Q. I will ask you a few questions about your 4 educational background in a moment. Let me finish 5 up your career path. 6 After you transferred into the 7 Transportation and Materials Handling Department in 8 1983, did your position ever change again? 9 A. Yes . 10 Q. When did it change?' 1 1 A. 1985. I was made safety manager. 12 Q. Did your functions change at that time? 13 A. Yes. 14 Q. How did they change? 1 5 A. Again, I assumed a staff role for all 16 safety responsibilities in the now combined plants. 17 Q. Could you describe what the scope of 18 those safety responsibilities was? 19 A. Managing day-to-day support for the line 20 manufacturing operations as well as our research and 2 1 development operations at the site; insuring 22 compliance with regulatory agencies in the areas of 23 safety; and management of the worker's compensation RSV0022216 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 26 1 program for the facility, 2 Q. Were you ever responsiblefor the 3 administration or the performance of any 4 environmental or safety testing? 5 A. Industrial hygiene testing, I think you 6 are talking about, 7 Q, Yes; exactly. 8 A. That was a separatefunction from my 9 own. The plant -- the staff areas were divided 10 between safety, environmental and industrial 11. hygiene. 12 I managed the safety part of the group 13 and there were two other managers who dealt with 14 industrial hygiene and environmental issues. 15 Q. Was that distinction -- can you define 16 for me what the relative roles of the safety, the 17 environmental and the industrial hygiene departments 18 were? 19 A. The safety function is more of a 20 physical let's see. It deals more with the 21 physical aspects of the workplace in terms -- and I 22 guess you could say the characteristics of the 23 workers -- in insuring that the types of programs COMPUTERIZED TRANSCRIPTION RSV0022217 PHIDBIN & ASSOCIATES 27 1 that are put In place from a training standpoint and 2 a day-to-day maintenance standpoint preserve the 3 safety of employees, from more of a physical sense, 4 more of a mechanical sense -- mechanical is probably 5 a better word than physical. 6 Industrial hygiene actually looks more at 7 the physiological and the physical aspects of the 8 workplace and establishing the types of 9 characteristics of any exposure which may be present 10 in the workplace and monitoring that and insuring 11 that people ~~ number one, that the exposures are 12 within safe ranges to human beings or to the 13 community; and that, number two, that people 14 understand if emergency situations arise, what type 15 of protective equipment is available, how to use it 16 and that it is in good working order and so on and 17 so forth. 18 As for the environmental group, the third 19 portion of our department, that is primarily 20 concerned with waste generation and waste management 2 1 in the plant from either air, land or water-born 22 types of discharges, or waste development as a 23 manufacturing operation. RSV0022218 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 23 1 Q. Did you say that these three -2 organizationally, how would you refer to each of 3 these offices or departments? Would they be offices 4 or departments? 5 A. Departments. 6 Q. Would they be under -- you said that they 7 were all part of some larger organizational entity? 8 A. Well, the three departments reported to 9 one general superintendent who then reported to the 10 plant manager in the manufacturing organization. / 11 Q. What was the title of that general 12 superintendent? 13 A, General superintendent of safety, 14 industrial hygiene and environmental operations. 15 Q. From 1983 when you transferred into 16 that -- was 1983 the time which you transferred into 17 that organization? 18 A. 1985. 19 Q. In 1985 you transferred out of 20 Transportation and Materials Handling? 21 A. Yes. 22 Q. And into this Safety Department? 23 A. Yes, COMPUTERIZED TRANSCRIPTION RSV0022219 PHIDBIN & ASSOCIATES 29 1 Q. What was the name of the general 2 superintendent at that time? 3 A. George Lemos. 4 Q. After you became safety manager in 1985, 5 did your position with Monsanto ever change again? 6 A. Yes. 7 MR, POWERS: Can we go off the record 8 for a minute? 9 (Off record discussion) 10 Q. (BY MR. RENDINI) What was the position 11 that you held after you were safety manager in 1985, 12 sir? 13 A. Personnel superintendent. 14 Q. When did you become personnel 15 superintendent? 16 A. In 1989. 17 Q. What were your duties as personnel 18 superintendent? 19 A. I have a variety of special project work 20 in the plant and I still maintain responsibility for 21 worker's compensation. 2 2 Q. Is this a position that you hold at the 23 current time? RSV0022220 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 30 1 A. Ye. 2 Q. Is the position of personnel 3 superintendent within the Safety Department that you 4 have just described to us a moment ago? 5 A. No. 6 Q, So you transferred out of that 7 department? 6 A. Yes. 9 Q. What department are you in now? 10 A. In the Personnel Department. 11. Q. Mr. Nelson, I am going to show you a 12 document that has been marked Exhibit Number 1 for 13 identification. 14 Gould you look at that and tell me if you 18 have ever seen it before -- or a copy of it before? 16 (Indicating) 17 A. It appears to be the same document that 18 was sent to me on the date of 4, 26 or 4, 27 -- or 19 given to me by subpoena. 20 Q. How did you first come into possession of 21 that document? 22 A. When I returned from vacation it was 23 sitting on my desk, RSV0022221 COMPUTERIZED TRANSCRIPTION PHILBXN & ASSOCIATES 31 1 Q. So you don't know who gave It to you? 2 A. Ho; I do not. 3 Q. Did you ever receive any instructions 4 with regard to that document? 5 A. I don't understand your question. 6 Q. Well, did you ever find out how it got to 7 your desk? 3 A. I didn't question how it got to my desk. 9 It is not unusual for subpoenas to be delivered and 10 as a general plant administrator, if they are 11 related to either worker's compensation matters or 12 chemical exposure cases, then they are usually 13 directed to my attention for handling. 14 Q. So that is the normal course of business 15 at your office? 16 A. Yes; X will usually receive them, myself, 17 if I am In the plant. 18 Q. Let me show you another document that has 19 been marked -- one more question. Are you here, 20 today, in response to Exhibit Number 1? 21 A. Yes. 22 Q. Let me show you Exhibit Humber 2, which 23 is another subpoena and ask you if you ever seen RSV0022222 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 32 1 that be fore -- Exhibit Number 2, that is? 2 (Indica ting) 3 A. Again, it appears to be what was 4 deliver ed to me earlier. 5 Q. Are you here in response to Exhibit 6 Number 2, as well? 7 A. Yes . 8 (Off record discussion) 9 MR. RENDINI; Let the record reflect 10 that we have conferred with oounsel for the witness 11 for Monsanto and it has been determined that today 12 we will go forward only with this deposition insofar 13 as it pertains to the paragraphs two, three, four 14 and five of Schedule A which is attached to Exhibit 15 Number l and to Paragraphs c and D of Schedule B 16 which is attached to both Exhibits 1 and 2. 17 Mr, Nelson, did you do anything to 18 prepare for your testimony at this deposition 19 today? 20 THE WITNESS: Yes. 21 Q. (BY MR. RENDINI) Did you take those -- 22 whatever steps you took to prepare, did you do so in 23 response to receiving the subpoenas that you have RSV0022223 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 33 1 just described? 2 A. Yes. 3 Q. At this point, to whom do you report at 4 Monsanto? 5 A. The personnel manager. 6 Q. Did you receive any instructions from 7 either the personnel manager or from anybody else 8 above you on the chain of command with regard to 9 your respa nse to Exhibits 1 or 2? 10 A. Not with my manager; no, I discussed the 11 subpoena w ith our legal department in St. Louis. 1 2 Q. Other than your legal department or your 13 counsel, d id you discuss these subpoenas with anyone 14 else? 13 A. I made note of it to the personnel 16 superintendent but I didn't confer with him on any 17 action thereto. 18 Q. In order to obtain any Information with 19 respect to your substantive response of your 20 subpoenas, did you confer with any other Monsanto 2 1 employees? 22 A. No. 23 Q. Did you take any other actions in order RSV0022224 COMPOTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 34 1 to comply with these subpoenas? 2 A. I reviewed the Warren file and also our 3 file on vinyl chloride on records and used that as 4 preparation information, 5 Q. Do you know if vinyl chloride or 6 polyvinyl chloride is in use in any form at this 7 time in the Indian Orchard facility? 8 A. Only as I mentioned, in the form of a 9 construction material -- FVC pipe but it is not 10 used in any raw term or finished good form as part 11 of the manufacturing operation, 12 Q. Were either of those two chemicals ever 13 so used as part of the production process at the 14 Indian Orchard plant? 16 A. Yes. 16 Q. Do you know when vinyl chloride was last 17 used at the Indian Orchard plant? 18 A. To the best of my knowledge, the use was 19 discontinued In 1975. 20 Q. What Is the source of your knowledge for 21 that statement? 22 A. I have included as an attachment to some 23 of the deposition questions a record letter from the COMPUTERIZED TRANSCRIPTION RSV0022225 FHILBIN & ASSOCIATES 35 1 plant manager dated September 10, 1975 to Mr. Ludol 2 of Bayerle, Director of OSHA, stating that In 3 accordance with OSHA regulations regarding vinyl 4 chloride, information is hereby passed to OSHA that 5 the use of the material has been discontinued at the 6 Springfield plant. 7 MR. RENDINI: Mould you mark this as 8 Exhibit Number 3, please, 9 (Defendant's Exhibit 3 offered and marked for 10 identification) 11 Q. (BY MR. RENDINI) Mr. Nelson, I am going 12 to show you Exhibit Number 3 for identification and 13 ask you 1f that is the letter to which you have just 14 referred? (Indicating) 15 A. Yes; it is. 16 Q, Where did you obtain this letter? 17 A. I obtained that letter from a file marked 18 D-12, as a matter of fact, from the Transportation 19 and Materials Handling Department. 20 Q. What was it that made you look in file 21 D~12 -- strike that. 22 Why was file D-12 one of the files that 23 you reviewed in response to the subpoena? COMPUTERIZED TRANSCRIPTION RSV0022226 PHILBIN & ASSOCIATES 36 1 A. Based on an earlier records review 2 involving vinyl chloride in the plant, there was 3 information that there were two file folders on the 4 storage of -- storage and handling -- of vinyl 5 chloride monomer that were present in the T & M 6 Department and X reviewed those in preparation for 7 this deposition. 8 Q. Are any parts or any of the contents of 9 those two file folders in the T & M Department not 10 Including in your document production today? XX.' A. Yes . 1 2 Q. Where are they located, sir, at the 13 Indian Orchard plant? 14 A. They are located in the Safety 15 Department. 1 6 Q. Is there an office that you can refer to, 17 please? 18 A, Yes; the sa 19 Q. And a build 20 A. Building El 21 Q. What Monsan 22 those two file folders 23 A. I do . COMPUTERIZED TRANSCRIPTION RSV0022227 PHILBIN & ASSOCIATES 37 1 Q. What materials did you not bring with you 2 from those two file folders today? 3 A. Materials that, in my judgment, were not 4 related to the questions of the deposition regarding 5 storage of materials in particular, storage 6 containers * 7 The questions were framed in the 8 deposition in such a way X felt that some of the 9 documents that were there were not relative to the 10 'question. 11 Q- Did any of the documents in that file 12 that you have not produced refer to the purchase of 13 vinyl chloride between 1947 and 1983? 14 A. To the best of my knowledge, no. 15 Q. Did any of them, for that same time 16 period, refer to the delivery of vinyl chloride to 17 the Springfield facility -- which is the Indian 18 Orchard facility? 19 A. Again, to the best of my knowledge, no. 20 Q. Did any of those excluded documents refer 21 to the storage of vinyl chloride -- again at Indian 22 Orchard between '47 and *83? 23 A. To the best of my knowledge, no. COMPUTERIZED TRANSCRIPTION RSV0022228 PHILBIN & ASSOCIATES 38 1 Q. Did any of those documents which have 2 been excluded from production refer to the 3 utilization or memorialize the utilization of vinyl 4 Chloride at Indian Orchard between 1947 and 1983? 5 A. To the best of my knowledge, no. 6 Q. Aside from the D-12 file in the T St M 7 office, what other files did you search in response 8 to the two subpoenas? 9 A. Other files relating to vinyl chloride 0 cancer ''allegations regarding other employees. a Q. Which files were those? Do they have 2 specific names or reference numbers? 3 A. The specific file I reviewed was 4 Involving a former employee, Paul Cullinan and one 5 file that was not related to an employee but one 6 general file on vinyl chloride monomer. 7 Q. Where is the Cullinan file located at 8 Indian Orchard? 9 A. In the personnel superintendent's office. 0 Q. What building is that in? 1 A. Building Eleven. 2 Q. Were you the Monsanto employee with 3 custody of that file? COMPUTERIZED TRANSCRIPTION RSV0022229 PHILBIN & ASSOCIATES 39 1 A. Yes. 2 Q. The general file that is kept on vinyl 3 chloride monomer, which I will refer to as VCM from 4 now on, where was that kept? 5 A. At the same location in the personnel -6 I am sorry; safety superintendent's office in 7 Building Eleven. 8 Q. Were there any documents in the Cullinan 9 file which you did not bring with you today? 10 A. The documents in the Cullinan file that I 11 referred to were previous answers to similar 12 interrogatories. 13 There were no documents relating 14 specifically to this case that 1 thought were 15 relevant. 16 Q. So there were no -- referring, if you 17 will, to Paragraph C of Schedule B on Exhibit 18 Number 2, are you saying, then, that in the Cullinan 19 file there were no documents which were responsive 20 to Paragraph C? 21 A. To the best of my knowledge, that is 22 correct, 23 Q. So none of the documents that you have COMPUTERIZED TRANSCRIPTION RSV002223Q PHILBIN & ASSOCIATES 40 brought with you today are from the Cullihan file? 2 A. That is correct; yes. 3 Q, Did you bring any documents, with you from 4 the general file on VCM? 5 A. No; X don't believe so. No. 6 Q. Did you make the judgment that there w re 7 no documents in the general file on VCM which were S responsive to Paragraph C of Schedule B? 9 A. That is correct; yes. 10 Q. What type of documents were in the 11 general file on VCM? 12 A. The general file has a booklet on the 13 handling of vinyl chloride monomer. It is a 14 booklet. It does not relate to actually, the 15 utilization. 16 As I read the question in the deposition, 17 it was one involving the manufacturing process and 18 this was a -- the booklet is more of an employee 19 manual than a description of the manufacturing 20 operation, 21 Q. Do you happen to remember what the 22 publication date of that booklet was? 23 A. I don't recall. COMPUTERIZED TRANSCRIPTION RSV0022231 PHILBIN & ASSOCIATES 41 1 Q. Do you know if it was before or after 2 1980? 3 A, I don't recall. 4 Q. Were there any other files, other than 5 the D-12 file, the Culllnan file and the general VCM 6 file that you examined in preparation for this 7 deposition? 8 A. Yes; there' is a file -- several file 9 drawers -- of research modification procedures 10 regarding vinyl chloride production that I reviewed. 11 Q. What is research modification production? 1 2 A. They are specific procedures for how to 13 formulate products; and occasionally to satisfy 14 customer needs, the products would be -- the 15 formulation would be modified. 16 Q. So that pertains to the actual production 17 of -- the formulation of the products that you are 18 dealing with? 19 A. Yes. 20 Q. What information -- did you find any 21 information there or any documents there which were 22 responsive to the document production request? 23 A. Not in my judgment; no. i COMPUTERIZED TRANSCRIPTION RSV0022232 PHILBIN & ASSOCIATES 42 1 Q, Did any of the research modification 2 production documents refer to or memorialize the 3 purchase, delivery, storage, utilization of vinyl 4 chloride at the Indian Orchard facility? 5 A. I suppose you could infer utilization to 6 an extent but again, I have no record that these 7 were taken into the manufacturing plaoe and that is 8 what I would consider as utilization. 9 Q. Would it be fair to say that they 10 describe general procedures but they do not record 11 any actual procedures that were performed? 1 2 A. That is correct, 13 Q. Do you know where the -- how the 14 documents that were in the research modification 15 production file were generated? 16 A. {No response). 17 Q. Do you understand the question? 18 A. They were generated in the course of 19 normally someone in the I would assume -- in the 20 technical part of the organization at the time 2 1 working with customers to develop a formulation 22 change and then classifying or categorizing in terms 23 of a memo that would be approved by the COMPUTERIZED TRANSCRIPTION RSV0022233 PHILBIN & ASSOCIATES 43 1 manufacturing and the research organization before 2 it was produced in some form. 3 Q. So are all of these documents internal 4 Monsanto documents? 5 A. Yes . 6 Q. Again, apart from the D-12 file, the 7 Cul1inan file, the general file on VCM and the 6 research modification production file, did you look 9 In any other files? 10 A. No . ' 11 Q. So those four groups of files are it? 1 2 A . Yes; to the best of my knowledge. 13 Q . Where is the research modification 14 production file kept at Indian Orchard? 15 A. They are in the second floor storage area 16 of Building Eleven. 17 Q. Are these documents -- this research 18 modification production file -- is that kept in your 19 custody? 20 A . Yes . 21 Q. In searching for documents which are 22 responsive to the document production request, did 23 you make any search aside from looking in these four COMPUTERIZED TRANSCRIPTION RSV0022234 PHILBIN & ASSOCIATES 44 X files? 2 A. Mo; X did not. As X mentioned, I related 3 to an earlier request, that w had gone through a 4 similar search. I reviewed that and I again went 5 over those documents to make sure that we had not 6 missed anything in terms of previous 7 interrogatories. Any new Information, I presented 8 here today. 9 Q. So everything that we have here is from 0 the D-12 file? 1 A. That is correct; yes. 2 Q, You say you have previously been faced 3 with a similar request for documents? 4 A. Yes. 5 Q, That was in connection with the Cullinan 6 case or something else? 7 A, Either the Cullinan case or the John 8 Warren case, either one; yes. 9 Q. So you don't know what it was in 0 connection with? 1 A, I don't recall. 2 Q. How did you know that there had been a 3 previous request? COMPUTERIZED TRANSCRIPTION RSV0022235 PHILBIN & ASSOCIATES 46 1 A. I was Involved with the -- I would have 2 been involved with those oases, 3 Q. Did you keep notes of where the relevant 4 documents were kept? 6 A, Not specific notes; no, 6 Q, So your reference to the four files that 7 you have mentioned -- D-12, Cullinan, VCM and the 3 research modification production file your search 9 for those was as a result of receiving our subpoena 10 and your memory of where those would be? 11 A. Yes. 12 Q. Did you talk to -- strike that. In 13 responding to that previous document request, can 14 you describe the search that you made for documents 16 relevant to the storage or delivery or utilization 16 of VCM at Indian Orchard? 17 A, X didn't make the search personally. It 15 was made by the former personnel superintendent. 19 Q. Who was that? 20 A. Garland Fletcher. 21 Q. Is Mr, Fletcher still employed by 22 Monsanto? 23 A. No. COMPUTERIZED TRANSCRIPTION RSV0022236 PHILBIN & ASSOCIATES 46 1 Q. Is he retired? 2 A. Yes. 3 Q. When was he last employed by Monsanto, if 4 you know? 5 A. Approximately 1986 or *87 - well, no; I 6 am sorry; strike that. He has been employed 7 temporar1ly. 8 He was working on a part time basis for 9 me on specific cases such as this as late as 1988, I 10 would guess. 11 q. Do you know what his current address is? 12 A. No; X do not. 13 Q. Do you know in which municipality he 14 resides? 15 A. I believe he resides in the summer in 16 Holyoke and in the winter in Florida. 17 Q. When was the last time you saw Mr. 18 Fletcher? 19 A. Approximately a half a year ago. 20 Q * What was the occasion. if you recall ? 2 1 A . He, as I mentioned, is doing some 22 consult ing work for the personnel organization. He 23 does so me training-type of respons ibilitles and he COMPUTERIZED TRANSCRIPTION RSV0022237 FHXLBIN & ASSOCIATES 47 1 has done some file searches for me In the past in 2 situations such as this. 3 Q. So did you see him at Monsanto? 4 A. Yes. 5 Q. Do you have his address available to you? 6 A. It is available in the personnel office. 7 I don't have it currently. 8 Q, You don't have it with you? 9 A. Correct. 10 MR. RENDINI: Could we have his 1 1 address produced? 12 MR. POWERS: No problem. 1 3 Q. (BY MR. RENDINI) Do you know of anybody 14 else at Monsanto who was involved in the previous 15 document search that you have described? 16 A. Yes; my predecessor actually in the 17 Safety Department would have been Chester Strzepa. 18 Q. What did you say his position was? 19 A. He was the safety manager, also. 20 Q. Was he before or after Mr. Fletcher? I 2 1 didn't catch that. 22 A. He was after Mr. Fletcher, before me. 23 Q. So the succession is Fletcher Strzepa and COMPUTERIZED TRANSCRIPTION RSV0022238 PHILBIN & ASSOCIATES 48 1 yourself? 2 A. Right. 3 Q, Is Mr. Strzepa still employed by 4 Monsanto? 5 A. Yes; he is. 6 Q. Where is he? 7 A . At the Indian Orchard plant. 8 Q. What position does he hold? 9 A . He is the personnel superintendent. 10 Q. Does he work in Building Eleven as well? 11 A . No; he works in Building One. 1 2 Q. Mr. Nelson, let me direct your attention 13 to Exhibit Number 1, Schedule A. 14 (Pause in proceedings) 15 MR. RENDINI: Back on the record. 16 Let the record reflect that we took approximately a 17 ten minute break. 18 Mr. Nelson, I believe I left off by 19 referring you to Exhibit Number 1, Schedule A which 20 contains the description of topics to be inquired 21 Into during this deposition. Referring you now to 22 paragraph number two, which is on page two of the 23 schedule, let me ask you, sir, have you read RSV0022239 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 49 1 paragraph two with its subparts A, B, C and D7 2 THE WITNESS: Yes. 3 Q. {BY MR. RENDINI) I believe you stated 4 earlier that you received this deposition notice or 5 this subpoena on or about the twenty-fourth of 6 April, is that correct? 7 A. It would have been after the 8 twenty-sixth, I believe. 9 Q. After the twenty-sixth? 10 A. On or after the twenty-sixth. That is 11 when it is dated. 1 2 Q. Did you understand when you read did 13 you have a chance to review the subpoena. sir? 14 A. Yes . 15 Q. Did you review it with counsel at any 16 time? 17 A. Yes . 18 Q. What counsel did you review it with? 19 A. Both our corporate counsel and Mr . Powers 20 from Me lick and Porter. 21 Q. Who is your corporate counsel? 22 A. Martin Llebman, 23 Q. Did you review it with Mr. Hetman and COMPUTERIZED TRANSCRIPTION RSV0022240 PHILBIN & ASSOCIATES 50 1 Mr. Powers close in time to the point when you 2 received it? 3 A. Within a matter of a few days; yes. 4 Q. After reviewing it with them, did yon 5 understand that Exhibit Number 1, the subpoena, 6 requires Monsanto to designate individuals who have 7 the most knowledge of the topics that are set forth 8 therein, on Schedule A? 9 A. Yes. 10 Q. And that those individuals are to proceed 1 1 to a deposition? 12 A. Yes. 13 Q. Did youunderstand that? 14 A. Yes. 15 Q. Referring you again to paragraph number 16 two of Schedule A, who made the determination -17 strike that. 18 Are you, sir, being produced today by 19 Monsanto as the individual who Is most knowledgeable 20 with respect to the topics out lined in paragraph 21 number two? 22 A. Yes. 23 Q. Can you tell me who made the COMPUTERIZED TRANSCRIPTION RSV0022241 PHILBIN & ASSOCIATES 51 1 determination that you were the appropriate 2 individual to respond to paragraph number two? 3 A. That responsibility has been assigned to 4 the personnel manager over the years traditionally 5 and currently the plant is without a personnel 6 manager. X was given the responsibility to respond. 7 Q. Who gave you that reeponsibility? e A. Well, it is my -- my superintendent, my 9 personnel manager gave me the responsibility. 10 Q. I thought you said there was no personnel 11 manager at the present time? 12 A. X am sorry; X meant safety manager. In 13 the absence of the safety manager, per se, I am 14 following that responsibility. 15 Q. So in the absence of the safety manager, 16 you would be the person to reply to number two, 17 correct? 13 A. Yes. 19 Q. That determination was made by your 20 personnel manager? 21 A. Yes . 22 Q. What Is the personnel manager's name? 23 A . Michael Starr. COMPUTERIZED TRANSCRIPTION RSV0022242 PHILBIN & ASSOCIATES 52 1 Q. Sir, in preparing to testify with regard 2 to topic number two of Schedule A, did you I 3 understand that you searched the records as you have 4 previously described and those are the files that 5 we have talked about before, correct? 6 A. Yes . 7 Q. Did you search any other documents.with 8 regard to number two? 9 A. Not that I can recall. 10 Q. So the document search that you described 11 earlier i n this deposition is the document search 12 that applies to paragraph number two here, correct? 13 A. Yes. 14 Q . And also, it is the same document search 15 with regard to paragraphs three, four and five, is 16 that correct? 17 A . That is correct. 18 <3- And that is all the document search that 19 you have done? 20 A Yes . 21 Q. The documents that you have produced 22 today are all of those to which you have referred in 23 preparing to testify with regard to all of the RSV0022243 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 53 1 topics In paragraph numbers two, three, four and 2 five? 3 A. And c and D of Schedule B; yes. 4 Q. Specifically with regard to topic number 5 two which refers to the purchase of vinyl chlorid 6 for use at Monsanto's facility in Springfield, 7 Massachusetts, did you, at any time, to prepare for 8 this deposition, consult or confer with any other 9 Monsanto employees? 4 A. Not at this time. As X mentioned, I 11 reviewed affidavits from other Monsanto officials 1 2 who had done previous searches for the same 13 Information. 14 In reading those, I framed my response in 15 the appropriate manner, 16 Q. Do you understand what an affidavit is, 17 sir? 18 A . It 1 s a written - - my understanding is 19 that it is a wr itten notific ation of a statement, 20 Q. When you say affi davits, do you know what 2 1 a f fIdavits you are referring to? 22 A. I am referring to written responses that 23 the general superintendent o f accounting and the COMPUTERIZED TRANSCRIPTION RSV0022244 PHILBIN & ASSOCIATES 54 1 general superintendent of transportation and 2 materials handling had written several years ago in 3 response to similar requests for information 4 regarding the purchase of vinyl chloride for use at 5 Monsanto's facility in Springfield. 6 Q. So those affidavits are the source of 7 your knowledge with respect to the purchases of 8 vinyl chloride for use at Springfield? 3 A. Those are part of records that would have 10 been outside of the Safety Department; yes. 11 In other words, they would frame 12 Information that may have been somewhere else in the 13 organization. 14 Q. Where are those affidavits located? 15 A. In the file previously referenced as the 16 vinyl chloride monomer file. 17 Q. You did not bring them with you, today? 18 A, No; X did not. 19 Q. Do you know who signed those 20 affidavits -- the names of the gentlemen who signed 21 those affidavits? 22 A. Yes; William McNichols and Thomas Nebel. 23 Q. Who was Mr. McNichols? COMPUTERIZED TRANSCRIPTION RSV0022245 PHILBIN & ASSOCIATES 56 1 A. The plant comptroller. 2 Q- Is he still employed by Monsanto? 3 A. Not at the Springfield facility; but yes, 4 sti 1 1 employed by Monsanto. 5 Q. Where is he now? 6 A. I believe he Is in St. Louis, corporate 7 headquarters. 8 Q. Do you know what his present job title 9 is? 10 A. *' No. 1 1 Q. Could you tell me who Mr. Nebel is? 12 A. Mr, Nebel was the superintendent of 13 transportation and materials handling. 14 Q. Is he currently employed by Monsanto? 15 A. Yes. 16 Q. Where is he employed? 17 A. At 730 Worcester Street. 18 Q. What Is his current title? 19 A. R & D site services superintendent. 20 Q, Sir, are you the employee of Monsanto who 21 is most knowledgeable with regard to the purchases 22 of vinyl chloride for use at the Springfield 23 facility between 1947 and 1983? COMPUTERIZED TRANSCRIPTION RSV0022246 PHILBIN & ASSOCIATES 66 1 A. i am the most knowledgeable current 2 employee based on my knowledge of having reviewed 3 the records and handled similar interrogatories and 4 having done previous file searches; yes. 5 Q, So all of your knowledge of the purchase 6 of vinyl chloride is from your review of documents? 7 A. And conversations with other employees 8 who have reviewed similar documents; yes. 9 Q. Who have you conversed with? 10 A. As eirlier stated, Mr. Fletcher and Mr. 11. Strzepa. 12 Q. Did you speak to Mr. Hebei at any time? 13 A > No; I did not. 14 Q. Did you speak to Mr. McNichols at any 15 time? 16 A. No ; I did not. 17 Q. Did you speak to anyone who had any 18 responsibility for the purchasing function at 19 Springfield? 20 A. I did not, directly, no. 21 Q. Did you speak to anyone who was 22 responsible at any Monsanto facility for purchasing? 23 A. No; I did not. RSV0022247 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 57 1 MR. RENDINIi If you would mark this, 2 please? 3 {Defendant's Exhibit 4 offered and marked for 4 identification) 5 Q. (BY MR. RENDINX) Mr.Nelson, X am going 6 to show you a four-page document which has been 7 marked as Exhibit Number 4 for Identification. 8 Could you look at this and tell me if you can 9 identify it? (Indicating) 10 A, Yes. 11 Q. Tell me what that is, please? 12 A. That Is the documentbased on the court 13 deposition subpoena and the answers that we have 14 framed from Monsanto Company. 15 Q. Who prepared this document, Exhibit 16 Number 4? 17 A. I did. 18 Q. It appears to me to be a reprinting of 19 the list of topics whi ch are included in Schedule A 20 plus the answers plus responses which you have made, 21 is that correct? 22 A * Yes, 23 Q. Did you produce this document this COMPUTERIZED TRANSCRIPTION RSV0022248 PHILBIN & ASSOCIATES 58 1 morning? 2 A. It was produced -- 3 Q. (Interposing) Did you deliver that 4 document to u this morning? 5 A. Yes . 0 Q. Did you consult -- let me refer you to, 7 on Exhibit Number 4, Schedule A, Item two. Do you 8 have a copy of Exhibit Number 4 with you? 9 A. Ido, 10 Q. It would heeasier if you consult that. 11 Let's go to the first response. I am just going to 12 draw your attention to It for a second, which is 13 under Schedule A, item two, A. Did you draft that 14 response? 15 A. Yes. 16 Q. In preparing forthis deposition, did you 17 consult any purchasing records from the Purchasing 18 Department of Monsanto pertaining to the purchase of 19 vinyl chloride monomer? 20 A. As stated earlier, in a review of the 21 records to determine whether or not these had been 22 previously disclosed, I went to the statement by the 23 person who was in charge of tho se records who stated COMPUTERIZED TRANSCRIPTION RSV0022249 FHILBIN & ASSOCIATES 59 1 that they had all been destroyed 2 Q. Who was the person in charge of those 3 records? 4 A. William McNichols. 5 Q. That statement is the affidavit that you 6 referred to a few moments ago? 7 A. Yes. a Q. Was that affidavit filed with respect to 9 any pending legal action? 10 A. To the best of my knowledge, it was filed 11 In response to previous deposition interrogatories 12 on similar situations involving vinyl chloride. 13 Q. Do you know if that was in association 14 with the current litigation or with previous 15 litigation? 16 A. It would have been the previous 17 litigation* I believe. 16 Q. Do you know what the name of that 19 previous litigation was? 20 A. It was either the case of John Warren or 21 Paul Culllnan* one or the other. 22 Q. Your response says, as reflected on 23 Exhibit Number 4, that "the Monsanto record COMPUTERIZED TRANSCRIPTION RSV0022250 PHILBIN & ASSOCIATES 60 1 r etention policy requires purchasing and accounting 2 f lies to be destroyed after a time period which this 3 i nterrogatory exceeds." Have X read that correctly? 4 A. Yes. 5 q. Do you know what the Monsanto record 6 r etention policy is? 7 A. Yes . 8 Q. Could you explain it to us. please? 9 A. Well, based on what type of document is 10 i nvolved, there are retention periods. In general, 11 a 11 general documents have a one-year turnover time 12 f rom date of production to date of being destroyed, 13 I n other types of records, in and including 14 a ccounting and purcha sing records, to the best of my 16 m emory at this point -- I don't have the document in 16 f ront of me -- but I recall a flve-ye ar retention 17 P eriod. 18 To the best of my recollection also, the 19 only types of records that are maintained beyond 20 five years are personal and health records which is 21 termination plus thirty years I believe. I can 22 reproduce the document if you care to see it but I 23 don't have a copy with me. COMPUTERIZED TRANSCRIPTION RSV0022251 PHILBIN & ASSOCIATES 61 1 Q. When you. say the document, you are 2 referring to -- 3 A. (Interposing) The Monsanto records 4 retention manual. 5 Q. Is that in manual form? 6 A. Yes. 7 Q. Do you know how long the current manual 8 has been in effect? 9 A. I can only guess at longer than ten 10 ye 11 Q. You have produced certain records to us 12 to 13 ol 14 pr 16 ex 16 A. Occasionally records are kept in the 17 de 18 to 19 In this particular case, as I noted 20 e a 21 Ma 22 re 23 su COMPUTERIZED TRANSCRIPTIOK RSV0022252 PHIDBIN & ASSOCIATES 62 1 these came out of the files of a supervisor who had 2 retired and, in fact, is noted in the 3 interrogatories, Joseph Tierney. 4 MR. TOtJRTELOTTE: Did you say all of 5 these records came out of Joseph Tierney's file? 6 THE WITNESS: Yes; when we found 7 these two particular files, then we went through all 3 of the existing transportation and materials 9 handling files again to make sure that there were no 10 additional vinyl chloride references, and to the 11. best of our knowledge, this encompasses all of the 12 file. 13 Obviously once any file falls into the 14 concern of a litigation case, then we freeze it and 15 hold onto it until it is no longer needed by 16 anyone. 17 Q. (BY MR. RENDINI) Going back now to topic 18 number two, paragraph number two on page two, I 19 believe, sir, you have stated that all of your 20 knowledge with regard to the purchase of vinyl 21 chloride is based upon your review of the documents 22 that you have described, is that correct? 23 A. Yes. RSV0022253 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 63 1 Q. Are you aware of anybody at Monsanto who 2 has personal knowledge of any of the purchases of 3 vinyl chloride made between 1947 and 19837 4 A. Yes. 5 Q. Mho are those people? 6 A. Well, as listed later in the responses, 7 there are two retired employees who, according to 8 our records, have knowledge because they would have 9 been employed at the time in the purchasing area -10 Mr. Charles Smith of Somers, Connecticut and Mr. 11 Lawrence Gormally from Springfield, Massachusetts; 12 and an additional active employee who, at the time, 13 was in a supervisory capacity in the manufacturing 14 area, Mr, Robert Bourget of Wilbraham, 15 Massachusetts. 16 Q. Where were the names of -- strike that. 17 How did you determine that Mr. Smith, Mr, Gormally 18 and Mr. Bourget had personal knowledge? 19 A, As noted by earlier review of the 20 records, these names were included in previous 21 interrogatory information. 22 Q. Are those -- are you speaking now of 23 Cullinan interrogatories? COMPUTERIZED TRANSCRIPTION RSV0022254 PHILBIN & ASSOCIATES 64 1 A. As I mentioned, it is either in the case 2 of Paul Cullinan or John Warren, 3 Q. Did you make any effort to speak to 4 either Mr. Smith, Goraally or Bourget? 6 A. No; I did not. 6 Q. Do you know what Mr. Bourget's title is 7 at this time? 8 A. He is an R & D manager, X believe. 9 Q. That is at Indian Orchard? 10 A. Indian Orchard; yes. 11 Q. Let me run through some of this quickly. 12 Let's go now to topic number three. 13 Sir, have you had an opportunity to 14 review topic number three? 15 A. Yes. 16 Q. Are you the person at Monsanto who is 17 most knowledgeable with regard to the delivery of 18 vinyl chloride to and the storage of vinyl chloride 19 at the Springfield facility between January 1, 1947 20 and January 1, 1983? 21 A. I am the person who was most 22 knowledgeable of the records involving the delivery 23 of vinyl chloride to and storage of vinyl chloride COMPUTERIZED TRANSCRIPTION RSV0022255 PHILBIN & ASSOCIATES 65 1 but certainly not having been directly involved with 2 that, X would not be the expert. 3 Q. Are there any employees of which you are 4 aware, currently employed by Monsanto or not, who 5 would have personal knowledge of the delivery and 6 storage of vinyl chloride at the Springfield 1 facility? 8 A. Mr. Bourget would be an Individual who 3 would fit that description and Mr. Joseph Tierney 10 who, at the time, was transportation and materials 11 supervisor and is now retired. 12 Q. The documents which form the -- strike 13 that. 14 So all of your knowledge with regard to 15 delivery and storage of vinyl chloride you derive 16 from documents, is that correct? 17 A. That is correct. 18 Q. And the documents that you derive it from 19 are the ones that you have produced here today, 20 correct? 21 A. That Is correct. 22 Q. Other than the documents that you have 23 produced here today, are there any other documents RSV0022256 COMPUTERIZED TRANSCRIPTION PHILBIN St ASSOCIATES 66 1 which have formed what your knowledge is with regard 2 to the delivery and storage of vinyl chloride at the 3 Springfield facility? 4 A. To the best of my knowledge, there are 6 not. 6 Q. Let's go to Exhibit Number -- strike 7 that. Let's go to Exhibit Number 1, Schedule A, 8 paragraph number four which defines as a topic to be 9 Inquired into the manufacture or production by 10 Monsanto or by any corporation or business entity 11 owned by, controlled by or affiliated with Monsanto 12 of vinyl chloride between January 1, 1947 and 13 January 1, 1983, 14 Mr. Nelson, are you the Monsanto employee 15 who is most knowledgeable with regard to said 16 manufacturing or production? 17 A. I am, again, the person who is most 18 knowledgeable of any remaining records to that 19 effect but certainly I would not be the most 20 knowledgeable person because X did not have any 21 direct involvement in said manufacture or 2 2 production. 23 Q. Do you know who would be -- who would COMPUTERIZED TRANSCRIPTION RSV0022257 PHILBIN & ASSOCIATES 67 1 have more knowledge than you? 2 A. Mr. Bourget, as previously mentioned, 3 because of his manufacturing responsibilities, would 4 have been -- is a knowledgeable person currently in 5 employment. 6 Q. Are there any other Individuals that are 7 more knowledgeable than you? 8 A. There would have been a number of people 9 in the supervisory areas that, again, were involved 10 directly in the manufacturing that would be more 11 knowledgeable from a firsthand standpoint; yes. X 12 don't know all of the names. 13 Q. Do you know any of the names? 14 A. The only one that comes to mind Is David 15 Gendron, who is a manufacturing supervisor in the 16 area. 17 Q. Is Mr. Gendron still employed by 18 Monsanto? 19 A. Yes. 20 Q. Where is he employed? 2 1 A. He i employed at 730 Worcester Street. 22 Q. What is his current title, if you know 23 it? COMPUTERIZED TRANSCRIPTION RSV0022258 PHILBIN & ASSOCIATES 68 1 A.. Technical services superintendent. 2 Q. Which building does he work in at 730 3 Worceste r Street? 4 A . Building 106. 6 Q. After receiving Exhibit Number l, the 6 subpoena , did you make any inquiry to determine who 7 had more knowledge of the manufacture or production 8 of vinyl chloride than you might? 9 A. No; X did not.. 10 Q. And your knowledge of the manufacture and 1 1 production is limited to your review of documents 12 which you have produced today, is that right? 13 A. That is correct; and discussions, as I 14 mentioned, with Mr. Fletcher and Mr. Strzepa, 16 previously. 16 Q. They were your predecessors as safety 17 manager? 18 A. Yes . 19 Q . Were they involved in the product ion 20 process, eIther of them? 21 A. Mr . F letcher may have been. I do not 22 recall. He may have been involv ed directly. X 23 don't recall that fact. RSV0022259 COMPUTERIZED TRANSCRIPTION PHXLBXN & ASSOCIATES 69 1 Q, So you do not know whether either of 2 those gentlemen had personal knowledge with regard 3 to the manufacture or production of vinyl chloride, 4 do you? 5 A. Mr. Strzepa, X am not quite sure did not 6 have. X think he was a member of the maintenance 7 organization prior to becoming safety manager but my 8 recollection is that Mr. Fletcher may have worked in 9 the vinyl chloride manufacturing area for a period 10 of time, 1 1 Q. When you say the vinyl chloride 1 2 manufacturing area, are you referring to an area at 1 3 the Indian Orchard plant? 14 A. I am referring to an area at the then 15 Springfield plant; yes. 16 Q. Was vinyl chloride monomer at some time 17 manufactured at the Springfield plant? 18 A. No; vinyl chloride monomer is the raw 19 material for the manufacture of polyvinyl chlorld * 20 Q. So when we have been saying vinyl 21 chloride, you have been referring to polyvinyl 2 2 chloride? 23 A. We are talking about the use of vinyl COMPUTERIZED TRANSCRIPTION RSV002226Q PHILBIN & ASSOCIATES 70 1 chloride monomer to manufacture polyvinyl chloride. 2 Q. So that is the manufacturing process that 3 you are referring to at the Springfield plant? 4 A. Correct; yes, 5 MR. POWERS: Off the record for a 6 second? 7 (Off record discussion) 8 Q, (BY MR. RENDINI) Forpurposes of 9 clarification, Mr. Nelson, let me ask you again: 10 f Are you aware of anyone at Monsanto who has more 11 knowledge than yourself with regard to the 12 manufacture or production by Monsanto of vinyl 13 chloride monomer during the years stated in 14 paragraph number four? 15 A. No; I do not. 16 Q. What is the source of your knowledge with 17 regard to the manufacture or production by Monsanto 18 of VCM? 19 A. Only what I have read in the documents 20 and growing up with the corporation X was aware 21 that, as normal learning material for members of 22 management, that we have products manufactured at 23 various areas and I recall at the time I was new to COMPUTERIZED TRANSCRIPTION RSV0022261 PHILBIN & ASSOCIATES 71 1 Monsanto that we were manufacturing vinyl chloride 2 monomer at the Texas City plant. 3 Q. Where Is the Texas City plant? 4 A. In Texas City, Texas. 5 Q. When you say you reviewed -- so your 6 knowledge of manufacture and production, is that 7 limited to your review of the documents that you 8 have produced today or is it -- does it come from 9 some other source, again with reference to VCM? 10 ( A. Well, it comes, again, from the 11 historical perspective of what the company's 12 business is, yes. 1 3 It comes from both that understanding and 14 a review of the documents that I looked at In 15 preparation for today's questions. 16 Q. So in addition to the documents that you 17 have produced today, there is also your general 18 background and knowledge of the company's activities 19 which you have gained throughout the years, correct? 20 A, Yes . 21 Q. With reference now to Exhibit Number 1, 22 paragraph five of Schedule A, which refers to the 23 corporraate ss trruuecture of Monsanto between January 1, COMPUTERIZED TRANSCRIPTION RSV0022262 PHILBIN & ASSOCIATES 72 1 1947 and January 1, 1983, are you, sir, the Monsanto 2 employee most knowledgeable with regard to the 3 corporate structure as set forth in topic number 4 five? 5 A. Well, at our location, X am probably as 6 knowledgeable as anyone else, 7 Q. Your location is the Indian Orchard 8 plant ? 9 A. The Indian Orchard facility; right. 10 Q. fDo you have any other -- say, for 11 example, the Texas City plant. Do you have any 12 knowledge of the corporate structure or where the 13 Texas City plant fits In the Monsanto corporate 14 structure? 15 A. The Texas City plant Is no longer owned 16 by Monsanto. It is part of the St erling Chemical 17 Company. 18 Q. Was it at some point sold to Sterling 19 Chemical? 20 A. Yes. 21 Q. Prior to its s ale to St er1ing Chemical, 22 do you know where i t fit In the Mo nsanto corporate 23 structure? RSV0022263 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 73 1 A. I don't have a direct knowledge. X would 2 recall that it was part of the, at the time, X 3 believe the Hydrocarbons and Petrochemicals Company. 4 MS. BURGER: Can I have that last 5 question and answer back? 6 (Record read as requested) 7 Q, (BY MR. RENDINI) Is there anyone other 8 than yourself that would have more knowledge with 9 reap ec t to the place that the Texas City plant held 10 with in the Monsanto corporate structure? 11. A. X am not aware of an answer to that No 12 one at the site that I am aware of. There may be 13 othe rs but not at the Indian Orchard plant # 14 Q. So at the Indian Orchard plant, you are 15 the person with the most knowledge? 16 A. I can1t answer that. 17 Q. Is it because you don't know the answer 18 to that question? 19 A. I don't know the answer to that, let's 20 say that. 21 Q. Sir, referring to Schedule B, paragraph 22 D, have you brought with you, today, any documents 23 responsive to the document request in paragraph D? COMPUTERIZED TRANSCRIPTION RSV0022264 PHILBIN & ASSOCIATES 74 1 A. No . 2 Q. Did you make any search for any such 3 documents? 4 A. Yes . 5 0. Can you describe for me the search that 6 you made? 7 A - I requested from the plant manager's 8 secretary and the personnel manager's secretary any 9 records to this effect. 10 Q. Did you receive any records in response 11. to your request ? 12 A, No. 13 Q. Mere you given any explanation as to why 14 you did not receive any records? 15 A. The statement was that they could not 16 find any to reproduce. 17 Q. These people are -- where are they 18 located? In the Indian Orchard plant? 19 A . Yes . 20 Q. Do you know if any inquiry was made 2 1 outside the Indian Orchard plant with regard to 2 2 paragraph D. 23 A. I made no inquiry outside the Indian COMPUTERIZED TRANSCRIPTION RSV0022265 PHILBIN & ASSOCIATES 75 1 Orchard plant. 2 MR. RENDXNI; Off the record. 3 (Off record discussion) 4 (Recess) 5 Q. {BY MR. RENDXNI) Mr. Nelson, you 6 referred, this morning, to the fact that the 7 Monsanto's Texas City, Texas plant produced VCM, is 8 that correct? 9 A. Yes. 10 Q. Do you know when production of VCM began 1 1 at the Texas City plant? 12 A. No . 13 Q. From 1947 to the present, are you aware 14 of any other Monsanto facility which produced VCM? 15 A. No. 16 Q. Do you know for -- strike that. Do you 17 know that no other Monsanto facility produced VCM 18 from 1947 until the present? 19 A. No . 20 Q. You do not know? 21 A. I do not know. 22 Q. Are you familiar with an Individual named 23 John H. Warren? RSV0022266 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 76 1 A. Yes. 2 Q. Do you know when Mr. Warren first went to 3 work for Monsanto? 4 A. X don't have that information with me. 5 No; X am not familiar with that at the present time. 6 Q. In 1947, do you know what the proper 7 or -- strike that what the full corporate name of 8 the entity which owned the Blrcham Bend plant waa? 9 A. X don't have the precise name. It is my 10 recollection that it is the Shawinagfin Resins 11 Corporation. 12 Q. Do you know how to spell Shawinagin? 13 A. S-H-A-W-I-N-A-G-X-N? 14 A. Do you know the full name of the 15 corporate entity which owned the Indian Orchard 16 plant m 1947? 17 A. No; I do not. My supposition, as stated 18 earlier I believe, was -- to the best of my 19 knowledge, Monsanto Corporation was the owner of the 20 Springfield facility in 1947. 21 Q. ' When you say Springfield facility, to 22 what facility are you referring? 23 A. The Springfield facility as identified In RSV0022267 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 77 1 the deposition subpoena, 2 Q. Are you referring to something other than 3 the Indian Orchard plant? 4 A. Yes. 5 Q. Are you referring to something other than 6 the Bircham Bend plant? 7 A. Yes. 8 Q. What Is the address of the facility to 9 which you are referring -- what was the address at 10 that time? / 11 A. I do not recall what the address was at 12 that time. 13 Q. But there was a facility that Monsanto 14 Corporation owned other than Bircham Bend or Indian 15 Orchard in Springfield? 16 A. The Bircham Bend -- that is correct; the 17 Bircham Bend and the Springfield facilities were 18 consolidated Into the Indian Orchard facility in 19 1983 . 20 Q. But back in 1947, Monsanto had a plant -- 21 Shawinagln had a plant -- 22 A. (Interposing) It was called the 23 Springfield plant. COMPUTERIZED TRANSCRIPTION RSV0022268 PHILBIN & ASSOCIATES 78 1 Q. Monsanto had something called the 2 Springfield plant; Shawlnagin had the Bircham Band 3 plant? 4 A. Shawlnagin Resins owned the Bircham Bend 3 plant. 6 Q. And who owned Indian Orchard? 7 A. There was no Indian Orchard plant at that 8 t ime. 9 MR. TOURTELOTTE: Just to clear It 10 up, there were two things -- Shawlnagin and 11 Monsanto? 12 THE WITNESS: Yes, 13 MR. TOURTELOTTE: And geographically 14 they have neve r changed their location? 15 THE WITNESS: Geographically they 16 have always be en adjacent to each other in Indian 17 Orchard In Spr IngfIeld. 18 Q. (BY MR. RENDINI) When was the Indian 19 Orchard plant created? 20 A. In 1983 . 21 Q. So that was just a name change? 22 A. Yes 23 Q , The Monsanto Corporation's Springfield RSV0022269 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 79 1 facility and the Blrchats Bend plant were merged at 2 one time and at that point became the Indian Orchard 3 plant7 4 A, In 1983; that la correct. 5 Q. Now I understand. All right. When you 6 went to work in 1966 at Bircham Bend, that was a 7 Monsanto facility, correct? 8 A. Yes. 9 Q. What was the full corporate name of your 10 employer at that time? 11 A. The full corporate name was Monsanto 12 Corporation. As I recall, the operating company was 13 called Monsanto Polymers -- Plastics and Polymers 14 Company. 15 MS. BURGER: Plastics and Polymers, 16 did you say? 17 THE WITNESS; Yes; it was either 18 Plastics and Polymers or Polymers and Petrochemicals 19 and I don't recall which was the correct 20 terminology. 21 Q. (BY MR. RENDINI) What name -- which of 22 these names, if either, appeared on your paycheck In 23 1966? COMPUTERIZED TRANSCRIPTION RSV002227Q PHILBIN & ASSOCIATES so 1 A. I don't know. 2 Q. Do you know if there was any relationship 3 between Monsanto Plastics and Polymers Company and 4 Monsanto Corporation? 5 A. Yes . 6 Q. 7 was? Can you tell me what that relationship 8 A. Monsanto -- the operating company was a 9 part of the corporation * 10 Q When you say it was -- strike that. When n you say that the operat ing company was part of 12 Monsanto Corporation, d o you mean -- strike that, 13 Do you know if the operating company -- 14 Monsanto Plastics and P olymers Company -- had its 15 own off! cers distinct f rom the officers of Monsanto 16 Corporat ion? 17 A. No; X do not know. 18 Q. Do you know if Monsanto Plastics and 19 Polymers Company was in corporated at any time? 20 A . No; I do not know. 21 Q. What were th e functions of Monsanto 22 Plastics and Polymers C ompany back in 1966? 23 A. Well, X can only speak for the Bircham RSV0022271 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 81 1 Bend facility/ and as X previously described, th a function was manufacture of resins and adhesives for 3 sale . 4 Q. That was the function that was performed 5 at Bircham Bend, correct? 6 A. As I mentioned, that is all X am familiar 7 with; yes. 8 Q, Do you know what purpose was served by 9 having an entity called Monsanto Plastics and 10 Polymers Oompany? 11 A. X am not familiar I am not an expert 12 in corporations or divisions of corporation and of 13 operating companies. 14 If you want that Information, you really 15 should be talking to someone in our corporate legal 16 department, not a layman from one of the plant sites 17 such as Springfield. I do not know. 18 Q. Do you know whether or not Monsanto 19 Plastics and Polymers Company was a division of 20 Monsanto Corporation? 21 A. I would assume that to be true. 22 Q. Do you know? 23 A. I do not know. RSV0022272 COMPUTERIZED TRANSCRIPTION PHIDBIN & ASSOCIATES 82 1 Q. Do you know If Monsanto Plastics and 2 Polymers Company issued any stock of its own? 3 A. No; it did not. 4 Q. It did not? 5 A. No. 6 Q. What is the source of your knowledge that 7 it did not? 8 A. I have owned Monsanto stock through the 9 years and there has never been an issuance of any 10 stock through the operating companies. It Is all 11 issued through the corporation. 12 Q. Do you know if the ownership of the 13 Bircham Bend ever changed hands -- strike that. 1 4 You stated before, earlier today, that 16 Bircham Bend was sold by Shawinagln to Monsanto, is 16 that correct? 17 A. Yes. 18 Q. And if you would refresh my recollection, 19 when did that take place? 20 A. In the early 1960's, to the best of my 21 knowledge. 22 Q. Do you know if Bircham Bend was sold to 23 Monsanto Corporation? RSV0022273 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 83 1 A. No; I don't know the particulars of the 2 sale. 3 Q. So when it changed hands at the time -4 strike that. 5 Do you know what the name of the owner of 6 the Blrcham Bend plant was after it changed hands in 7 the early 1960's? 8 A. I do not know. I would assume it would 9 be Monsanto Corporation. 10 Q. Do you know that of your own knowledge? 11 A. No; X do not. 12 Q. Do you know that from reviewing any 1 3 documents? 14 A. No. 1 5 Q. Xt is just an assumption on your part? 16 A. That is correct. 17 Q. Do you recall what thename onyour 18 paycheck was at any time between the time you were 19 first employed and the time when Bircham Bend was 20 merged into the Indian Orchard facility? 21 A. I don't even recall what the name on my 22 paycheck is today. 23 Q. So at this point, you can't say for any COMPUTERIZED TRANSCRIPTION RSV0022274 PHIBBIN & ASSOCIATES 84 1 period of time for which you have worked for 2 Monsanto whether or not the name of Monsanto 3 Corporation or some other corporate name may appear 4 on your paycheck? 5 A. Well, I am sure X would have recognized 6 if another corporate name appeared on a paycheck. I 7 don't recall seeing anything other than a Monsanto 8 entity of some type, either the corporation or the 9 operating company. 10 Q, Do you know at what time the Texas city plant stopped producing VCM? 12 A. No; I do not . 13 Q. Do you know if it is producing VCM at 14 this time? 15 A. To the best of my knowledge, it is not 16 producing VCM at this time. 17 Q. At some point or another, whatever 18 Monsanto entity owned the Texas City plant, sold it, 19 is that correct? 20 A , Ye s . 2 1 Q. Do you know when that sale took place? 22 A * I believe in the early 1980's; I don't 23 sped fie ally. RSV0022275 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 85 1 Q- Prior to the time that the Texas City 2 plant was sold, do you know the name - - the full 3 corporate name -- of the entity which owned the 4 Texas City plant? 5 A. X don't recall specifically, X think I 6 mentioned earlier that I believe it was the 7 Hydrocarbons and Petrochemicals Company or 8 division. I am not sure what the proper terminology 9 was . 0 They are in the petrochemical business 1 and I would assume that that would cover their 2 operations and therefore they would have been 3 included in that operating entity. 4 Q. That operating entity that you have 5 mentioned -- the Monsanto Hydrocarbons and 6 Petrochemicals Division -- do you know if that 7 entity was a corporate entity? 8 A. I do not know. 9 Q. Do you know if it was a subsidiary of 0 Monsanto Corporation? 1 A. No. 2 Q. That is you don't know? 3 A. I don * t know. COMPUTERIZED TRANSCRIPTION RSV0022276 PHILBIN $ ASSOCIATES 86 1 Q. Do you know If Monsanto Hydrocarbons and 2 Petrochemicals Division had any relationship to 3 Monsanto Corporation? 4 A. No; other than hearsay that Monsanto is 5 Monsanto. 6 Q. When you say other than hearsay, you do 7 have some knowledge that there is some link? 8 A. From documents that I have read and 9 annual reports and other information that is made 10 public. 11. Q. Are you aware of any legal relationship 12 between the two entitles? 13 A. I am not aware of any specifically; no. 14 Q. So you don't know whether it is an 15 operating division or a subsidiary -- I am talking 16 about Monsanto Hydrocarbons and Petrochemicals? 17 A. It was my understanding, again by reading 18 documents and common knowledge as an employee, that 19 it was an operating company. 20 Q. When you say a company, are you referring 21 to a separate corporate entity or simply -- strike 22 that. 23 Do you understand what I mean by a RSV0022277 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 87 1 corporate entity? 2 A. An entity of the corporation. An 3 operating entity of the corporation, not separate 4 from the corporation but one of several parts of the 5 corporat1 on. 6 Q, Do you know If Monsanto Hydrocarbons and 7 Petrochemicals Division had at any time its own 8 officers -- vice president, president, treasurer, et 9 cetera? 10 A. I do not know specifically. It is my 11 understanding that it did not; however, that they 12 would be members of the corporate structure, the 13 ranking senior officers. 14 MR. POWERS; Excuse me. Can we go 15 off the record for a second? 16 {Off record discussion) 17 MR. RENDINI: On the representation 18 of Monsanto's counsel -- 19 MR. TOURTELOTTE: (Interposing) 20 Before you go on the record. 21 (Off record discussion) 22 MR. RENDINI: On the representation 23 of Monsanto's counsel that Mr. Nelson is not capable COMPUTERIZED TRANSCRIPTION RSV0022278 PHILBIN & ASSOCIATES 88 1 of responding to questions under topic five, we will 2 suspend the deposition with respect to topic number 3 five and await the production of documents under 4 Schedule B, paragraph D -- and that will be within 5 what time frame? 6 MR. POWERS: I Will get them as fast 7 as possible. 3 MR. RENDXNI: X will have to speak to 9 people back at my office to determine what they will 10 need and we will have to hammer it out. 11 MR. POWERS: Just tell me what you 12 need and wa will get it to you. 13 MR. RENDINI; So the deposition is 14 suspended with respect to paragraph number five of 15 Schedule A and paragraph D of Schedule B. Mr. 16 Nelson, we have discussed previously, sir, the use 17 of vinyl chloride monomer at the Monsanto 18 Springfield facility. 19 Do you have any knowledge as to the 20 source of the vinyl chloride monomer that was used 21 at the Monsanto facility in Springfield between 1947 22 and 1983? 23 THE WITNESS: Yes. COMPUTERIZED TRANSCRIPTION RSV0022279 PHILBIN fit ASSOCIATES 89 1 Q. (BY MR. RENDINI) What is the source of 2 your knowledge? 3 A. The source is based on a review of the 4 records and discussions of the previously mentioned a predecessors of mine in the safety organization as 6 to this information. 7 Q. Do any of the records which you have 8 produced today reflect the origin of any of the VCM 9 that was used at the Springfield facility? 10 A. Yes; they do. 11 Q. Could you show me, out of this set of 12 documents that you have produced, which ones reflect 13 the origin of materials of VCM? 14 A. Document noted -~ 15 Q. (Interposing) Just pass them to me and I 16 will have them marked, 17 A. (Witness handing documents). 18 MR. RENDINI: If we could mark these 19 sequentially? 20 (Defendant's Exhibit 5-12 offered and marked 21 for identification) 22 Q. (BY MR. RENDINI) Mr. Nelson, I am going 23 to hand you documents which have been marked numbers COMPUTERIZED TRANSCRIPTION RSVQ022280 PHILBIN & ASSOCIATES 90 1 five through twelve for identification* Can you 2 tell me, sir, if those are the documents that you 3 have just picked out as referring to the origin of 4 VCM which was used at the Springfield facility of 5 Monsanto? (Indicating) 6 A. yes . 7 Q. Are all of those documents those which 8 you have produced today in response to the subpoena? 9 A. Yes. 10 Q. I take it, thus, that all of these 11 documents originated from the D-12 file? 12 A. Yes, 13 Q. I refer to document Exhibit Number 5 14 which is dated February 28th, 1974. Can you tell us 15 what that is, sir? 16 A. It istitled "Supplemental VCM" and it 17 talks about sales projection or projection of needs 18 of vinyl chloride monomer and arrangements that have 19 been made between Monsanto and B.F. Goodrich at 20 Calvert City, Kentucky. 21 Q. I think that is enough for identification 22 purposes. Thank you. Exhibit Number 6 was a 23 two-page document, correct? COMPUTERIZED TRANSCRIPTION RSV0022281 PHILBIN & ASSOCIATES 91 1 A. Yes. 2 Q, I am going to show you a one-page 3 document which was is marked Exhibit Number 6 for 4 identification which bears the date January 7, 5 1972 . 6 Can you tell me what that is, sir? 7 (Indicating) 6 A. This is a follow-up letter regarding the 9 vinyl chloride monomer regarding a tank car 10 Incident. 11 Q. I will show you now an exhibit marked 12 Number 7, a two-page exhibit which Is dated 13 December 10, 1971. 14 Can you tell me what this is? 15 (Indicating) 16 A. This latter references Dow vinyl chloride 17 monomer. 18 Q. Is that a letter, sir, or aninternal 19 memo or what? 20 A. This is an Internal memo. 21 Q. Of Monsanto? 22 A. Yes. 23 Q. Let me show you another document, Exhibit COMPUTERIZED TRANSCRIPTION RSV0022282 P-HILBIN a ASSOCIATES 92 1 Number 8 for identification, which is one page arid 2 which bears the date March 5, 1972. 3 Can you tell m what that is? 4 {Indicating) 6 A. This letter is In reference to the vinyl 6 chloride monomer testing and pumping and it is a 7 procedure clarification -- an internal document in 8 Monsanto. 9 Q. Again, another one-page document, Number 10 9 for identification dated October 24, 1968. 11 Can you tell me what that is? 12 {Indicating) 13 A. A letter on the Dow contract, vinyl 14 chloride monomer supply, an internal Monsanto 15 document. 16 Q. Again, another one-page document, Number 17 10 for Identification, with the date June 3, 1968. 18 Can you tell me what that is, sir? 19 (Indicating) 20 A. It is a letter involving clearance of 21 vinyl chloride tank cars. It is an Internal 22 Monsanto document. 23 Q. Number 11 for identification, February 9, COMPUTERIZED TRANSCRIPTION RSV0022283 PHILBIN & ASSOCIATES 93 1 1968, another one-page document. 2 Can you tell me what that is? 3 {Indicating) 4 A. It is a letter regarding viny 1 chloride 5 monomer, off spec -- out-of-specificatio n material, 6 and it Is an internal Monsanto document. 7 Q. Finally, Exhibit Number 12 fo r 3 identification, another one-page documen t bearing 9 the date of October 6, 1956. 10 Can you tell me what that is, sir? 11. {Indicating) 12 A. This is a memo on vinyl chlor lde from 13 Goodrich. 14 Q, Is that an Internal memo? 15 A. This is an internal document; yes -- 16 internal Monsanto. 17 Q. Sir, do any of these document s which you 18 have referred to -- Exhibits 5 through 1 2 -- do any 19 of these memorialize or evidence any pur chases of 20 vinyl chloride made by Monsanto? 21 A. They refer to shipments of ma terial made 22 by a supplier to Monsanto of vinyl chlor ide monomer, 23 Q, Do you know if any of them re fleet RSV0022284 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 94 1 purchases of vinyl chloride monomer? 2 A. To the best of my recollection, they may 3 refer In some Instances to swaps or exchanges but 1 4 doh't recall whether or not there Is a direct 5 commentary on purchases. 3 Q, When you refer to swaps and exchanges, 7 would you tell me what you mean by swaps and 8 exchanges? 9 A. My understanding of such agreements in 10 the industry are business arrangements where 11 manufacturers of similar commodity chemicals will 12 exchange supplies based on their own supply and 13 demand situations and enter into agreements to carry 14 out this exchange. 15 Q. Do you know of any swap or exchange 16 agreements that were in effect between Monsanto and 17 any other corporation regarding VCM between 1947 and 18 1983? 19 A. Anything other than those -- the only 20 reference I would have are those that are in the 21 documents we have just discussed. 22 Q. So your understanding of any swap 23 agreements or your knowledge -- strike that. Your COMPUTERIZED TRANSCRIPTION RSV0022285 PHIDBIN & ASSOCIATES 95 1 knowledge of any swap or exchange agreements are 2 limited to the information contained in Exhibits 3 Number 5 through 12? 4 A. Yes. 5 Q. In the course of performing your duties 6 at Monsanto since the time of your first employment 7 in 1966, have you ever particpated in the formation 8 or the negotiation of any such swap or exchange 9 agreement7 10 A . Mb . 11. Q. Have you ever swapped or exchanged 12 materials pursuant to the terms of any such swap or 13 exchange agreement? 14 A. No. 15 Q. That is not part of your responsibility, 16 is it7 17 A. That 1 right. 18 Q. And it never has been, has it? 19 A . No . 20 Q. You don't know if any of the VCM which Is 21 mentioned in Exhibits Number 5 through 12 was the 22 subject of a purchase or a swap or an exchange, is 23 that correct? COMPUTERIZED TRANSCRIPTION RSV0022286 PHILBIN & ASSOCIATES 96 1 A. That Is correct. 2 Q. Going back to Exhibit Number 4which is 3 the typewritten response, Schedule A, item 2, 4 response under small b, did you prepare the response 6 under small b, sir? 6 A. Yes. 7 Q. You mention in this response that 8 Monsanto's Springfield plant purchased vinyl 9 chloride monomer from Dow Chemical Company? 10 A. Yes. ( 11. Q. Is the source of your knowledge that -- 12 what is the source of your knowledge that vinyl 13 chloride monomer was purchased from Dow Chemical 14 Company? 15 A. The records which we have just discussed, 16 Exhibits 5 through 12, plus information verbalized 17 to me from Mr. Strzepa and Mr. Fletcher in their 18 conversations with the employees and former 19 employees that had been identified in the purchasing 20 organization -- Mr. Smith and Mr. Gormally. 21 Q. So Mr. Smith -- what you are saying is 22 that you were told by Mr. Strzepa and Mr. Fletcher 23 that Mr. Smith and Mr. Gormally and Mr. Bourget RSV0022287 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 97 1 could remember purchases of vinyl chloride coming 2 from Dow Chemical? 3 A . Yes . 4 Q. Are you aware of any documentation of 5 those purchases, other than Exhibits Number 5 6 through 12? 7 A. No; I am not. 8 Q. To your knowledge, was there ever 9 documentation of such purchases? 10 A. There would have been purchase agreements 11 at the time of purchase; yes. That Is the formal 12 procedure of the company. 13 Q. What if there was a swap or exchange? 14 A. X can't answer that. X am not aware of 15 an answer for that or the handling of an exchange 16 agreement. I don't have information on that. 17 Q. Which of these documents evidence 18 purchases from Dow? 19 A. Exhibit Number 6, Exhibit Number 7, 20 Exhibit Number 8, Exhibit 9, Exhibit 10. 21 Q. In Exhibit Number 6, I see the mention of 22 Dow's name but I don't see anything on this document 23 reflecting VCM, itself or VCM passing from Dow to RSY0022288 COMPUTERIZED TRANSCRIPTION PHXLBIN & ASSOCIATES 93 1 Monsanto. (Indicating) 2 A. Well, there are several references 3 concerning VCM car Inspection In general. If you 4 read further in the note, it says "as far as I can 5 determine, the car went directly from Springfield to 6 Dow, thence to Texas City." 7 Dow should have inspected the car prior 8 to loading for Texas City, Dow referring to Dow 9 Chemical Company, Texas City referring to Monsanto 10 Texas City plant. ' 11. Q. So what you are saying there, Dow was 1 2 shipping to Texas City? 13 A. That is what the reference is. 14 MS. BURGER: I am going to object to 15 the form of the questions. It seems to me the 16 documents are going to speak for themselves and Mr. 17 Nelson Is apparently not the person who is competent 1 8 to tell us what these documents say. 19 I would hesitate to have him be the 20 person who was going to be describing the contents 2 1 of documents. 2 2 MR. TOURTELOTTE: Off the record. 23 (Off record discussion) COMPUTERIZED TRANSCRIPTION RSV0022289 PHILBIN St ASSOCIATES 99 1 Q. (BY MR. RENDINI) Again, sir, with 2 reference to Exhibits Number 5 through 12, can you 3 tall me if any of those documents reflect purchases 4 of VCM from -- made by Monsanto from B.F. Goodrich? 5 A. Exhibit Number 5 references the B.F. 6 Goodrich inventory that was offered to us and a 7 description of handling of the billing, noting that 8 "this is essentially a pound-for-pound swap of 9 material." 10 It gives a contact referencing B.F. 11 Goodrich Chemical Company, 6100 Oak Tree Road, 12 independence, Ohio, referencing vinyl chloride 13 monomer. 14 Q. Any other documents? 15 A. Exhibit Number 12 references vinyl 16 chloride from Goodrich, our purchase order T 31910. 17 Q. So Exhibit Number 5 and Exhibit Number 18 12, then? 19 A. Yes. 20 Q. Are you aware of any other documents in 21 Monsanto's possession which indicate that any VCM 22 from B.F, Goodrich was purchased by Monsanto? 23 A. Not any other direct documents, no, other RSV0022290 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 100 1 than those that I have mentioned in terms of 2 previously answered interrogatories as we have 3 discussed throughout the deposition today. 4 Q, When you talk about previously answered 5 interrogatories -6 A. (Interposing) Regarding the Oulllnan and 7 Warren cases. They would not have included this 3 information, however, because this was Just 9 discovered. 10 Q. This information from file D-12 is' 1 1 informa tion in addition to whatever was replied to 1 2 in the Cullinan case? 13 A. That is correct. 14 Q. From where would purchase orders 18 origina ta within Monsanto for VCM that was bound for 16 the Spr ingfield plant? 17 A. They should originate from the 18 Springf ield plant. 19 Q. Was there a purchasing organization 20 within the Springfield plant? 21 A. Yes . 22 Q* Are you aware of who was in charge of the 23 Purchas ing Department at Springfield prior to your COMPUTERIZED TRANSCRIPTION RSV0022291 PHILBIN & ASSOCIATES 101 1 employment in 1966? 2 A, No; not specif1ca1ly. 3 Q, Sinoe 1966, do you know who has been in 4 charge of the Purchasing Department? 5 A, The two names which I included earlier 6 were those of Charles Smith and Lawrence Oormally. 7 Q. So the gentlemen who are reflected in 8 Exhibit Number 4, Mr. Smith and Mr. Gormally, were 9 in charge of the Purchasing Department? 10 A. Yes. 11 Q. Are you familiar with the procedure used 12 to purchase -- used in the Purchasing Department to 13 purchase VCM? 14 A. I have not executed those but I am 15 familiar with the -- I think familiar with the 16 procedure; yes. 17 Q. In general, what is the procedure? 18 A. It is to contact the supplier and 19 essentially provide a written order for the purchase 20 of the material, stipulating the quantity and price, 2 1 delivery requirements, timing. Essentially I 22 believe that is the general procedure. 23 Q. Are copies of those purchase orders sent RSY0022292 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 102 1 to the suppliers? 2 A. Copies of the purchase orders are sent to 3 the suppliers; yes. 4 Q. In the case of a swap or an exchange, 5 does the Purchasing Department generate any 6 documentation of the swap or exchange? 7 A . I don11 know. 8 Q, Do you know if any other department or 3 division within Monsanto, the Springfield facility, 10 would generate documentation reflecting a swap or 11. exchange of material? 12 A. No; I do not know. 13 Q. Did the Springfield facility ever 14 purchase VCM from the Texas City facility? 15 A. To the best of my knowledge, that was the 16 primary source of vinyl chloride monomer for the 17 Springfield plant. 18 Q. Would that have been in the form of a 19 purchase with a purchase order coming from the 20 Purchasing Department in Springfield? 21 A. To my understanding, it would have been 22 an internal bookkeeping transfer and not a formal 23 purchase order written between Monsanto and another RSV0022293 COMPUTERIZED TRANSCRIPTION PHXLBIN & ASSOCIATES 103 1 company. 2 Whereas It Is an Internal exchange, It 3 would be an accounting transfer rather than a 4 purchase order. 6 Q, Do you know how that transfer would be memorialized in documents? 7 A. Accounting ledgers would show that. 8 Q. Would those ledgers have been destroyed 9 In the course of the Implementation of Monsanto's 10 document retention policy? 11 A. Yes. 12 Q. Where are accounting ledgers kept at this 13 time? 14 A. I believe they are all -** well, some of IS them are in the plant and there Is an external 16 storage site. I am not sure where that Is, now. I 17 am aware that there is one but I do not know where 18 it is. 19 Q. Where is the Accounting Department in the 20 plant? 21 A. The Accounting Department Is now located 22 in Building Fourteen. 23 Q. is that where the ledgers would be RSV0022294 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 104 1 stored? 2 A. Some of the ledgers would be stored th re 3 and some of the ledgers would be stored in Building 4 Eleven, 5 Q. When you say the primary source of VCM 6 was the Texas City plant, do you know what 7 proportion of VCM used at the Springfield plant 8 originated from the Texas City plant? 9 A. It is my understanding that between 10 eighty and ninety percent of the material consumed 11 at Springfield was provided from the Texas City 12 facility, 13 Q, What Is your understanding based upon? 14 A. Discussions with Mr. Fletcher and Mr. 15 Strmepa and again, reading information from past 16 deliberations on the vinyl chloride manufacture. 17 Q. When you say reading information with 18 regard to past deliberations, are you referring to 19 any specific documents? 20 A. To the best of my knowledge, background 21 information for the Cullinan and Warren case. 22 Q. Where is that information located? 23 A. It is located in the safety COMPUTERIZED TRANSCRIPTION RSV0022295 PHILBIN & ASSOCIATES 105 1 superintendent's office/ Building Eleven of the 2 plant. 3 Q. Is that part of the cullinan file that 4 you referred to before? a A . Yes . 6 Q. Is any other part of that Information 7 contained in any other file? 8 A. Not to my knowledge. 9 Q. So what you are referring to is all 10 cullinan case material? 11 A. It could also be the John Warren case, I 12 am not --- I don't have a specific recollection of 13 where it came from. 14 Q- Do you have a separate file on the John 15 Warren case? 16 A. Yes. 17 Q. Where Is that kept? 18 A . In the safety superintendent's office in 19 Building Eleven, 20 Q - Are both of those files, the Cullinan and 21 Warren files in your custody? 22 A. Yes. 23 Q- They have not been produced today, have RSV0022296 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 106 1 they? 2 A, No. 3 Q. So it is your understanding that the 4 eighty to ninety percent of the VCM used at the 5 springfiel d facility was Monsanto's was the 6 product of the Monsanto plant In Texas City, 7 correct? e A. Yes. 0 Q. And it would have been that ten to twenty 10 percent that would have been the subject of 11 purchases or swap or exchanges with other 12 suppliers, is that correct? 13 A > Yes. 14 Q. You stated before that you did not know 15 when the Texas City plant began to produce vinyl 16 chloride, is that correct? 17 A. Yes. 18 Q. Do you know when the Texas City plant 19 began to ship vinyl chloride to the Springfield 20 facility? 21 A. No. 22 Q. Over what period of time did the Texas 23 City plant's shipments to Springfield comprise RSV0022297 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 107 1 eighty to ninety percent of Springfield's supply of 2 VCM? 3 A. My understanding. It Is over the life of 4 the manufacturing operation, whatever the extent of 5 that was, that Monsanto would have been the primary 6 supplier, which is common, Economically, that Is 7 how you do your business. If you make it yourself, 8 then you use it yourself. 9 Q. So as long as the Texas City plant was In 10 operation, it was supplying eighty to ninety perc nt 11. of the Springfield plant's needs? 12 A. That question depends on -- the answer to 13 that question depends on when the vinyl chloride 14 operation was shut down at the Indian Orchard 15 facility -- or the Springfield facility -- so I 16 can't say that that was --that that statement is 17 true. 18 Suffice it to say that as long as Texas 19 City was manufacturing vinyl chloride monomer and 20 the Springfield facility was using vinyl chloride 2 1 monomer to produce a product, then that was the 22 supplier of eighty to ninety percent of the raw 23 material. COMPUTERIZED TRANSCRIPTION RSV0022298 PHILBIN & ASSOCIATES 108 1 Q. So as long as Springfield was using vinyl 2 chloride monomer, eighty to ninety percent of it was 3 coming from Texas City? 4 A. That is correct. 5 Q. Providing, of course, that Texas City was 6 In operation at that time? 7 A. Yes. 8 Q. But you can't say what the beginning and 9 ending points were? 10 A. I can find the information but I don't 11. have it. 12 Q. Where would the information be located? 13 MR, POWERS *. Can we go off the record 14 for a second? 15 (Off record discussion) 16 Q. (BY MR. RENDINX) Mr. Nelson, I understand 17 now after a short off the record colloquy with 18 counsel that your knowledge of the proportion of VCM 19 used by the Springfield plant and originating from 20 the Texas City plant is based upon your 21 conversations with Mr. Fletcher and with Mr. Strzepa 22 and also upon your review of Interrogatory answers 23 in the Culllnan case, is that correct? RSV0022299 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 109 1 A. And possibly the Warren case; yes. 2 MR. RENOINI: Let's go off the record 3 for a second. 4 (Off record discussion) 5 MR. RENDINI: Read back the last 6 question, please. 7 {Record read as requested) 8 Q. (BY MR. REND INI) Mr. Nelson, we have had 9 another short colloquy between counsel and we /10 referred to the D-12 file. 11 Could you tell me what the D~12 file is, 12 please? 13 A. The D-12 file was referenced in an 14 earlier discussion during the day. It is something 15 that evolved from a record search in the IS Transportation and Material Handling Department. 17 The D-12 file was specifically the storage file of 18 the file which the retired supervisor, Joe Tierney, 19 kept on the storage and handling of vinyl chloride 20 monomer . 21 In reviewing this file for the deposition 22 today, I located information on storage and other 23 relevant pieces of Information which I felt dealt RSV0022300 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 110 1 with the purchase or at least the handling of vinyl 2 chloride monomer from a number of suppliers and 3 therefore brought this forth as evidence in today's 4 deposition, 5 Q. The D-12 file was a file kept by Mr, 6 Tierney? 7 A. Yes. 8 Q. The interrogatory answers that we 9 referred to before, the cullinan Interrogatory 10 aiiswers which you have reviewed, do you know what 11. the source of the information was upon which those 12 answers were based? 13 A. (No response). 14 Q. strike that. Did you participate in 16 drafting those answers? 16 A. Yes. 17 Q. Do you know what the source of 18 information reflected in those answers were? 19 A. The source, to the best of my knowledge, 20 was, as I mentioned, discussions with previous 21 safety superintendents, Fletcher and Strzepa -- and 22 their capturing verbalizations of people's 23 recollections, primarily. COMPUTERIZED TRANSCRIPTION RSV0022301 PHILBIN & ASSOCIATES 111 1 Q. So the Interrogatory answers that you 2 have referred to -- the Cullinan Interrogatory 3 answers ~~ reflect memories of Mr, strzepa and Mr. 4 Fletcher, is that correct? 5 A. And the other people mentioned in those 6 particular interrogatories. 7 Q. Is that Mr. Smith and Mr. Gormally and 8 Mr. Bourget? 9 A. Yes. 10 Q. '' Would there be any Individuals other than 11 Mr. Smith, Mr. Gormally and Mr. Bourget? 12 A. There may have been an interim 1 3 supervisor, David Gendron. Again, I don't 14 specifically recall whether he was in the 16 Interrogatory, When these cases come up every 16 couple of years, it is hard to heap track of all of 17 the players. 18 Q. Where is Mr. Gendron now? 19 A. He was previously Identified. He is the 20 technical services superintendent at the Springfield 21 faci1ity. 22 Q. He is still employed by Monsanto? 23 A. Yes. C OMPCTERIZED TRANSCRIPTION RSV0022302 PHILSIN & ASSOCIATES 112 1 Q. As I understand it, all of the documents 2 reflecting the purchase of VCM have been destroyed 3 by Monsanto, is that correct? 4 A. That is correct, to the best of my knowledge. Q. Other than what has been produced today, 7 is that correct? 3 A. To the best of my knowledge; yes, 9 Q. At the time that the Culllnan 10 Interrogatory answers were prepared, had the 1 1 documents reflecting the purchase of PVC been 12 destroyed? 13 A. Yes; to the best of my knowledge. 14 Q, So those interrogatory answers do not 15 rest upon those documents? 16 A. Again, to the best of my knowledge, that 17 is correct. IS Q, So all of the information that you have 19 with regard to the amount of VCM used by the 20 Springfield plant and the origin of the VCM used by 2 1 the Springfield plant are all based on the 22 recollections of the individuals we have mentioned 23 before, is that correct? COMPUTERIZED TRANSCRIPTION RSV0022303 PHXLBIN & ASSOCIATES 3.13 1 A. That is correct, plus the information 2 introduced today in Exhibits 5 through 12. 3 Q. You did not speak to those individuals 4 whom we have mentioned just a few moments ago with 5 respect to this subpoena but with respect to some 6 prior Investigation, is that correct? 7 A. X spoke to none of these individuals in a preparing for this deposition today. X simply 9 reviewed past records which have answered the same 10 questions. l i Q. So the conversations that you had with 12 Mr. Fletcher and Mr. Strzepa occurred previous to 13 the subpoena in this case? 14 A. Yes. 15 Q. Do you know how long ago they occurred? 16 A. X would assume it would have been at the 17 time of the Cullinan deposition; and I don't recall 18 when that was. 19 Q. Do you know if it was more than a year 20 ago? 21 A. It was more than a year ago. X would say 22 several years ago, maybe 1986 to 1988. 1988, 23 probably. RSV0022304 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 114 1 MR. POWERS r Cullinan was filed in 2 1985. You are talking probably 1987. 3 Q. (BY MR, RENDINI) Aside from the documents 4 that are Exhibits 5 through 12, do you have any 5 information with regard to the date of delivery of 6 any shipment of VCM to the Springfield plant? 7 A. I haven't been aware of any. 6 Q. Are you aware of any documentation that 9 exists in Monsanto's possession which would reveal 10 the dates of any shipments being delivered to 11. Springfield? 12 A. No . 13 Q. Are you aware of the manner in which 14 vinyl chloride monomer would arrive at the 15 Springfield plant? 16 A. I am aware of the transportation methods; 17 yes . 18 Q. Did you become aware of these 19 transportation methods in the course of performing 20 your own functions? 21 A. No . 22 Q. How did you become aware of these 23 methods? RSV0022305 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES US 1 A. Through reading information such as was 2 done preparing for today's deposition, discussions 3 with Mr. Fletcher and Mr. Strzepa regarding past 4 preparations for similar information, and an 5 understanding of how you transport compressed 6 gasses. 7 Q. Have you ever spoken with or conferred 8 with any Monsanto employees who would have been on 9 the scene at the time of VCM deliveries? 10 A. Not about such deliveries; no. 11 Q. Do know who, at Monsanto -- present or 1 2 past -- would have knowledge of the delivery 13 process -- personal knowledge of the delivery 14 process? 15 A. Mr. Tierney, as I referenced, who was a 16 former tank farm supervisor would have personal 17 knowledge and Mr. Bourget and possibly Mr. Gendron, 18 who we mentioned as supervisors. 19 Q. Can you tell us how deliveries were made 20 of VCM? 2 1 A. Again, it is my understanding that they 22 were in bulk tank cars in a compressed gas form. 23 The majority of shipments I have read about through COMPUTERIZED TRANSCRIPTION RSV0022306 PHILBIN & ASSOCIATES 116 1 this information I would assume was transported In 2 this manner. 3 X believe, however, that they were also 4 transported by tank truck and by cylinder of 5 containers that were maybe a thousand pounds or 6 fifteen hundred pounds. 7 Q. How are cylinders transported? 8 A. By truck as well, I believe. 9 Q. But not by tank truck? 10 A. Well, not by tank truck, per se . 11 However, there is a specific term -- and I can't 1 2 recall the terminology in regards to the Department 13 of transportation understanding -- but essentially 14 it is not a tank car it is not a tank truck per 16 se in that it is one container, but it may be a 16 group of several cylinders that are anchored on to a 17 bed and are transported on a multi-axle vehicle. 18 Q. Did you ever become aware of -- strike 19 that. 20 Would the VCM coming to Springfield from 2 1 the Texas City plant -- would that come in tank cars 22 or tank trucks or by some other conveyance? 23 A. To the best of my knowledge, it would RSV0022307 COMPUTERIZED TRANSCRIPTION PHIDBIN & ASSOCIATES 117 1 have been by tank car. 2 Q. So we are talking about railroad 3 transport? 4 A. Correct. 5 Q. Were the tank cars marked In any e particular way from Texas City? 7 A. X can't answer that. X never observed 8 them. If they were -- they were hazardous materials 3 and they were required to be marked In accordance 10 with Department of Transportation regulations. ! 11 Q. Would they be marked with their point of 12 origin -- and by origin, I mean the origin of the 13 VCM contained within? 14 A, That is difficult to say. There were 15 cars that were owned by Monsanto or leased by 16 Monsanto that would have been put In service for 17 that specific material. 18 I don't recall if it is a requirement 19 that the home port be assigned labeling on the tank 20 oar. I don't recall that. 21 Q. You say you never observed the tank cars, 22 yourself, correct? 23 A. That is correct. COMPUTERIZED TRANSCRIPTION RSV0022308 FHILBIN & ASSOCIATES lie 1 Q. So how do you know -- what is the source 2 of the information that you have Just described? 3 A. The source of information is my 4 background in hazardous material transportation. 5 Q, Are those DOT regulations that you are 6 referring to? 7 A. Some of them are and some of them are 8 Association of American Railroad Protocol 9 assignments. They are not speoific regulations but 10 it is a type of communications that is expected of 11 rai 1 transportation. 12 Q. So you are assuming that the rail cars 13 wou Id be labeled as required by the professional 14 ass eolations and by the DOT? 15 A. Yes . 16 Q. Did you ever see or observe or were you 17 eve r in any other way informed about any railroad 18 car s or any trucks bearing VCM from some source 19 other than the Texas City plant? 20 A. I never observed those. Again, the 2 1 information in Exhibits 5 through 12 and discussions 22 with Mr. Fletcher and Mr. Strzepa would indicate 23 that there were shipments made from other companies. COMPUTERIZED TRANSCRIPTION RSV0022309 PHILBIN & ASSOCIATES 119 1 Q. But as to how those shipments may have 2 been marked or packaged, do you have any Information 3 with regard to that? > 4 A. I do not have any specific information 5 other than, again, the written reference to various 6 tank car quantities which are contained within 7 Exhibits 5 through 12 and the logical economic 8 significance of shipping in as large a bulk quantity 9 as you can from the standpoint of making ten 10 deliveries at a thousand pounds versus one delivery 11 at ten thousand pounds. 12 Q. So given the quantities that are 13 mentioned in Exhibits 5 through 12, you are assuming 14 that the only economic way to ship them would be by 15 tank car? 16 A. The most economically feasible way would 17 be by tank car. 18 Q. So it appears to you, then, that Exhibits 19 5 through 12 refer to rail shipments, correct? 20 A. Yes. 21 Q. Do you know if any tank cars, not limited 22 to VCM, from B.P. Goodrich were ever on the premises 23 of the Springfield plant? COMPUTERIZED TRANSCRIPTION RSV0022310 PHILBIN & ASSOCIATES 120 1 A. I am not aware of any; no. 2 Q, If tank cars from any outside source 3 including B.F. Goodrich were ever on the plant, 4 would their presence be reflected by any sort of 5 documentation? 6 A. There would be documentation in the 7 Traffic Department in terms of way bills and the 3 types of tracking documents that we would use inside 9 the plant while those carrying vehicles are on the 10 premises. 11 Q. Would that documentation be stored for 12 any length of time? 13 A. It would not exceed five years* storage, 14 according to the records retention manual. 15 Q. So by now, would that all be destroyed? 16 A. Yes. 17 Q. How are the provisions of the records 18 retention manual enforced? 19 A. There is a periodic audit. There is an 20 annual reminder that is issued by the -- usually by 21 the personnel manager of the site reminding 22 people -- and I don't recall when the last audit 23 was. It is not annual but It is periodically done. COMPUTERIZED TRANSCRIPTION RSV0022311 PHILBIN & ASSOCIATES 121 1 Q. Who perforays the audit? 2 A. Many times it is performed as a part of 3 the comptrollorship audit function. We do it 4 internally from our St. Louis group and the 5 corporation supplies people who, as a part of their 6 document research and financial research in each of 7 the sites, will also check on records retention. 8 Q, As part of the audit, are documents which 9 are over the age limit destroyed? 0 A. Unless they are a part of any litigation 1 or have been called upon by some legal action to be 2 retained; yea. 3 Q. Again with regard to the delivery of VCM 4 to the Springfield facility, are you aware of any 1 6 testing done to determine the contents of any tank 1 6 cars that arrive at the Springfield facility? 1 7 A. In general terms, the practice has been 1 8 to check quality or verify that the material in the 1 9 container is what was ordered. Specifically, I am 2 0 not aware of how this has been done but that is a 2 1 common practice with all Incoming raw materials in 2 2 bulk quantity. 2 3 Sometimes, if we have a quality problem, COMPUTERIZED TRANSCRIPTION RSV0022312 PHILBIN $ ASSOCIATES 122 1 we will do it in drum quantity -- smaller quantities 2 as well. 3 Q. Is that process of testing or checking 4 quality reflected in any of the documents that you 5 have brought with you today? 6 A. I believe it is referenced in this, which 7 isn't marked, but it is standard procedure for a 8 tank car. 9 MS. BURGER: Bet's go off the 10 record. 11 (Off record discussion) 12 MR. RENDINI: Let's mark these as the 13 next exhibits. 14 (Defendant's Exhibit 13-23 offered and 15 marked for identification) 16 Q. (BY MR. REND INI) Mr. Nelson, I am going 17 to hand you an exhibit which has been marked Exhibit 18 Number 13. It is a five-page document entitled 19 "Monsanto Chemical Company Plastics Division, 20 Springfield, Massachusetts." 21 Can you tell me what this is, sir? 22 (Indicating) 23 A. It is entitled "Standard Procedure for COMPUTERIZED TRANSCRIPTION RSV0022313 PHILBIN & ASSOCIATES 123 1 Tank: Car Unloading Vinyl Chloride" and it is an 2 Internal Monsanto document. 3 Q, Did you produce that today? 4 A, Yes. 5 Q. Did that come out of the D-12 file? 6 A. Yes. 7 Q. Let me now show you Exhibit Number 14, 8 which is a two-page document. It Is dated July 24, 9 1975 and it records its subject as being "Tank Farm 10 K~1 VCM Shutdown." 11 I am going to ask you, sir, if you have 12 seen this before? (Indicating) 13 A. Yes. 14 Q. What is it, please? 15 A. It is a document identifying tank farm 16 K-l vinyl chloride monomer shutdown dated July 24th 17 and it is an Internal Monsanto document. 18 Q. Was that produced by you today? 19 A. Yes. 20 Q. Did that come out of the D-12 file? 21 A. Yes. 22 Q. Again, a one-page document which has a 23 map on it entitled "Notice," and it is Exhibit COMPUTERIZED TRANSCRIPTION RSV0022314 PHILBIN & ASSOCIATES 124 1 Number 18 for identification. 2 Can you tell me what that is? 3 (Indicating > 4 A. I believe this is ah addendum to the 5 previous document, I think, tank farm K-l. I 6 believe it is supposed to be an attachment to that. 7 Q. Let me show you Exhibit Number 16, which e is another one-page document? (Indicating) 9 A. Okay; I am sorry. These two documents go 10 together "Requirements for VCM Regulated Area" and a 11 notice with a map on it stating stipulations as to 12 the identification of the regulated area. 13 Q. The map -- what does the map purport to 14 show? 15 A. Portions of the polyvinylchloride 16 manufacturing area. 17 Q. At Indian Orchard? 18 A. Yes. 19 Q. Do you know the approximate date of that 20 map? 21 A. No; I do not, but when it was provided to 22 you, it would have been in some sequence, I would 23 guess from Mr. Tierney's files and that would put it COMPUTERIZED TRANSCRIPTION RSV0022315 PHILBIN 5t ASSOCIATES 125 1 in the range of between 1975 -- in 1975, I would 2 guess. 3 Q. So in or about 1975? 4 A. It appears to be a shutdown definition of 5 what the area would be observed as in accordance 6 with OSHA requirements of identification. 7 Q. So you have produced both 18 and 16 8 today? 9 A. Yes. 10 Q. And those are both from the D-12 file? 11. A. Yes. 12 Q. Let me show you a three-page document 13 which is Number 17 for identification and it is 14 dated January 8, 1975, "Subject! VCM Storage 15 Loading and Storage Shipping." 16 Can you tell me what that is, sir? 17 (Indicating) 18 A, As you have mentioned, it is an internal 19 Monsanto memo on recovered vinyl chloride monomer 20 storage loading and shipping shipping. It was 21 produced as part of the shutdown procedure for 22 cleaning out the process. 23 Q. What is recovered VCM? COMPUTERIZED TRANSCRIPTION RSV0022316 PHILBIN & ASSOCIATES 126 1 A. Part of the system where material that Is 2 not polymerized, vapors, are recovered, condensed and 3 turned Into a liquid and recovered and recycled Into 4 the system. 6 It Is my understanding from this document 6 that this was a procedure on how to handle that in 7 removing it from the system as part of the cleanout a upon shutdown. 9 Q, Was this document also produced by you id today? ii A. Yes . 1 2 Q. And thatdocument number 17, did it 13 originate from the D-12 file? 14 A. Yes. 16 Q. Let me show you a two-pagedocument 16 marked Exhibit Number 18 dated October 2, 1973. 17 Can you tell me what that is? 18 (Indicating) 19 A. This is a discussion of removal of number 20 3, 4 and 5 tanks from vinyl chloride monomer 21 service. It is a two-page document and it deals 22 with the Central Engineering Department discussion 23 of the topic. COMPUTERIZED TRANSCRIPTION RSV0022317 PHILBIN ASSOCIATES 127 1 It Is an Internal Monsanto document from 2 file D-12 which was produced today. 3 Q. A one-page document, Number 19? 4 (Indicating) 5 A. Flammable and dangerous articles. 6 Q. Is there is date on that, sir? 7 A. Yes; thl3 was written December 6, 1971. 8 It is a discussion of the Department of 9 Transportation regulations regarding vinyl chloride 10 monomer and it was produced today. It Is part of 11 file D-12. 1 2 Q. Exhibit Number 20 for Identification? 13 (Indicating) 14 A, It Is dated January 12, 1972. It deals 15 with relief valve inspections, it is In process 16 storage and other auxiliary vessels. It was 17 produced today and it is part of file D-12. 18 Q. Number 21 for identification, another 19 one-page document? (Indicating) 20 A. A memo dated June 7th, 1968 regarding the 21 use of thirty-eight thousand gallon vinyl chloride 22 monomer cars. It was produced today and It is part 23 of file D-12. COMPUTERIZED TRANSCRIPTION RSVOQ22318 PHILBIN & ASSOCIATES 126 1 Q. Number 22 for identification, another 2 one-page document? (Indicating) 3 A. That is a two-page document. 4 Q. Then I hand you Number 23 along with It. 5 (Indicating) 6 A. Okay; they are both parts of the same 7 thing. This is a permit pursuant to the cover 8 letter. 9 Q. Which is the permit and which is the 10 cover letter? 11. A. Number 22 Is the permit Issued by the -12 I am sorry, Is a discussion, a summary letter of an 13 Interstate Commerce Commission letter to the 14 Monsanto Company. 15 Item Exhibit Number 23 is a permit 16 dealing with the authorization to ship vinyl 17 chloride monomer to Monsanto or by Monsanto and 18 these are -- they were produced today and they are 19 parts of file D-12. 20 MS. BURGER: Can I add they are both 21 dated August 7, 1957, is that right? 22 THE WITNESS: Yes. 23 MR. RENDINI: Shall we suspend at COMPUTERIZED TRANSCRIPTION RSV0022319 PHILBIN & ASSOCIATES 129 1 this point? 2 MS. burgers Could you just clarify 3 that the exhibits starting with Exhibit Number 3 4 through 23 are the total of the documents that were 5 produced today? 6 Q, (BY MR. RKNDINI) Mr. Nelson, aside from 7 the documents which have been marked -- strike that 8 question. 9 Mr. Nelson, the documents marked Exhibits 10 3 through 23, do'those documents comprise all of the 11 documents which you brought with you this morning? 12 A. Yes. 13 MR. RENDINI: Okay; we will suspend 14 at this point. 15 {Deposition suspended.) 16 17 # * * * # 18 19 20 21 22 23 COMPUTERIZED TRANSCRIPTION RSV0Q2232Q PHILBIN & ASSOCIATES 130 1 COMMONWEALTH OP MASSACHUSETTS 2 COUNTY OF HAMPDEN 3 lf JOANNE COYLE, a Notary Pub 11 c within and for the Commonwealth of Massachusetts at large, do 4 her eby certify that I took the deposit lo n of TERRY NEL SON, pursuant to the Federal Rules of Civil 5 Pro cedure on May 6, 1990, at the offlc es of Mor rlson, Mahoney & Miller, 1146 Main St reet, 6 Spr ingfieId, Massachusetts. 7 I further certify that the above named deponent was by me first duly sworn to testify to 8 the truth, the whole truth and nothing but the truth concerning his knowledge in the matter of the case 9 of ALICE L. WARREN, ADMINXSTRTRIX OF THE ESTATE OF JOHN H. WARREN, DECEASED VS. THE DOW CHEMICAL 10 COMPANY, ET AL, now pending in the United States District Court for the Dlst-rict of Massachusetts. 11 I further certify that the within testimony 1 2 was taken by me stenographically and reduced to typewritten form under my direction by means of 13 COMPUTER ASSISTED TRANSCRIPTION; and, I further certify that said deposition Is a true reoord of the 14 testimony given by said witness. 16 I further certify that I am neither counsel for, related to, nor employed by any of the parties 16 to the action in which this deposition was taken; and further, that I am not a relative or employee of 17 any attorney or counsel employed by the parties hereto, nor financially or otherwise interested in 1 8 the outcome of the action. Ml 19 WITNESS my hand and seal this day of MAY, 1990 20 21 Joanne' CoYAe Notary Public 22 Certified Shorthand Reporter 2 3 My commission expires June 29, 1990 RSY0022321 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 131 1 I, TERRY NELSON, hereby certify that I have read 2 the foregoing transcript of my testimony given on 3 May 8, 1990 In the above-captioned case and find the 4 same to be true and correct to the best of my 5 knowledge and belief. e 7 3 9 10 11 TERRY NELSON 12 13 14 15 16 17 18 19 20 21 22 23 COMPUTERIZED TRANSCRIPTION RSV0022322 PHILBIN & ASSOCIATES 1 131 1 X, TERRY NELSON, hereby certify that I have read 2 the foregoing transcript of my testimony given on 3 May 8, 1990 in the above-captioned case and find the 4 same to be true and correct to the best of my T 5 knowledge and belief. 6 7 8 9 10 11 12 13 jc 14 15 16 17 18 19 20 21 22 23 RSV0022323 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES Comments A/r. 7a- ]UXf>L ^t*4<zirLe,, ' . tjl / M ITS Orpr* %&A-6j A*COt s+a.tjsr' GIAzc Z7 e><* ^<-- /C^g ^t>c6r^A6z r ;; ' # ^:M. . ... .; "..;, f^jV., V.' `v Ci-.: ;: / ; ` `Y.*'-^Vr Vi/'* ** /- 'V-."-\ V. .%** -*"** . ,'\^yt"" Y * .,t$ :**' --V \zV~' ' ~' ' *. 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