Document 3Jv53OxpNxBGVg4o10rzrMgna
ALVIN WRIGHT, et.al., Plaintiffs
v.' LEAD INDUSTRIES ASSOC.,
et.al..
Defendants
*****
ALLEN WRIGHT, et.al.,
Plaintiffs
v. LEAD INDUSTRIES ASSOC.,
et.al.,
* * D* efen*dants *
* IN THE * CIRCUIT COURT * FOR BALTIMORE CITY INC., * BALTIMORE, MARYLAND * Case No. 94363042/ * CL190487 ******
Case No. 94363043/ CL190488
Judge Ellen Heller ****
EXHIBIT 9 TO THIS DEPOSITION DEEMED CONFIDENTIAL VIDEOTAPED DEPOSITION OF DWIGHT A. COGAHAN
1
SL-lzs
The Videotaped Deposition of Dwight A. Cohagan, Sherwin-Williams, taken in the abovecaptioned case on Wednesday, May 8, 1996, commencing at 10:00 a.m., at the Law Office of Peter G. Angelos, 300 East Lombard Street, Floor 18, Baltimore, Maryland 21202, and reported by Barbara J. Evans, a Notary Public.
EVANS REPORTING SERVICE 2422 Southwest Road
Baltimore, Maryland 21234 (410) 882-0208 (800) 256-8410
N39084
Wright v. Lead IndustriesMulti-PageTMDwight A. Cohagan, 5-8-96
1 APPEARANCES:
Page 2 1 APPEARANCES (CONTINUED)
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1 VIDEOTAPED PROCEEDINGS:
1 MR. BUXBAUM: Edward Buxbaum for Defendant
2 THE viDEOGRAPHER: Good morning. Today is
2 A. Bauer.
3 Wednesday, May 8, 1996. The time is approximately
3 MR. CULLEN: Pat Cullen on behalf of
4 10:07 a.m.
4 Schumann Hardware.
5 Our location is Law Office of Peter Angelos
5 MS. MCNAMARA: Mary Alice McNamara on behalf
6 at 300 East Lombard Street, Baltimore, Maryland.
6 of NL industries.
7 This is the deposition of Dwight Cohagan in
7 MR. NILAN: Mike Nilan on behalf of
s the matter of Allen Wright, et al. versus Lead
8 Glidden.
9 Industries Association, et al. The Case Number is
9 MR. JOYNER: wade Joyner on behalf of
10 94363042/CL190487 and 94363043/CL190488.
10 O'Brien Corporation.
11 The Court Reporter is Barbara Evans of Evans
11 THE VIDEOGRAPHER: Would you swear the
12 Reporting Service. The Videographer is Lynne
12 witness?
13 Livingston of Deposition Specialists.
13 Whereupon,
14 Will counsel please identify themselves for
14
DWIGHT A. COHAGAN,
*
15 the record.
15 the witness herein, being first duly sworn to testify the
16 MR. SAMUEL: Thomas L. Samuel for the
16 truth, the whole truth, and nothing but the truth, was
17 plaintiffs.
17 examined and testified as follows:
18 MR. POHL: Paul Michael Pohl for Defendant
18
EXAMINATION
19 Sherwin-Williams.
19 BY MR. SAMUEL:
20 MS. EISLAND: Marla Eisland for Defendant
20 Q Good morning, Mr. Cohagan.
21 ARCO.
21 My name is Lou Samuel. I will be asking you
Page 6
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1 some questions today.
1 Q By whom are you employed, sir?
2 If I ask you any question which you don't
2 A The Sherwin-Williams Company.
3 understand, please let me know that. That is entirely
3 Q And what is your present title?
4 possible since you are a paint industry person, and I
4 A I am Director of Product Compliance.
5 am not. I will be happy to restate the question in
5 Q And for what length of time have you had
6 the hope that you can understand it.
6 that position?
7 Would you state your full name and address
7 A The position essentially the same, different
8 for the record, please.
8 titles, since 1979.
9 MR. POHL: 1 am not sure I need to, but let
9 Q And what are the current duties of that
10 me reiterate that Sherwin-Williams will repeat the
10 position?
11 objection it previously articulated to the notice of
11 A The duties are to assure that all of our
12 deposition in that it was overbroad and not adequately
12 products are in compliance with any government
13 specific.
13 regulations and to provide information to our
14 I wasn't sure I needed to do that, but I
14 customers so that they can comply with all government
15 wanted to reserve that objection.
15 regulations.
16 MR. JOYNER: Can I get on the record that an
16 Q Now, Mr. .Cohagan, have you ever had your
17 objection for one defendant is an objection for all
17 deposition taken as the corporate designee of the
18 defendants for the protocol?
18 Sherwin-Williams Company before today?
19 MR. SAMUEL: That is satisfactory.
19 A Yes.
20 A My name is Dwight A. Cohagan. I live at
20 Q And in what -- strike that.
21 5585 Overlook Road, Parma, Ohio 44129.
21 How many times have you had your deposition
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Dwight A. Cohagan, 5-8-96Multi-PageTMWright v. Lead Industrids
Page 8
1 taken in that capacity?
1 A Yes.
2 A Somewhere between 40 and 50 times.
2 Q When were you first hired by Sherwin-
3 Q Forty and 50 times.
3 Williams?
4 Have any of those cases involved personal
4 a 1968.
injury complaints by persons claiming lead-paint
5 Q And what was your educational background
6 poisoning as a result of Sherwin-Williams' products?
6 and -- prior to going to work for Sherwin-Williams?
7 a Yes.
7 a I have a Bachelor of Science with a major in
8 Q Have any of those cases been pending in the
8 chemistry from Ohio State University.
9 City of Baltimore, in Maryland?
9 Q Did you go to work for Sherwin-Williams
to MR. POHL: Just so the question is clear,
10 from college?
11 do you mean in Maryland or in Baltimore, Maryland?
11 A Yes.
12 MR. SAMUEL: Yes. In Baltimore, Maryland.
12 Q What was your first job with the company?
13 MR. POHL: All right.
13 A I was a chemist doing research and
14 A I don't believe there was.
14 development on coatings.
15 Q Or elsewhere in the State of Maryland?
15 Q And where were you working at that
16 A I don't believe so.
16 location? What was your job location?
17 Q Okay. Thank you.
17 A Cleveland, Ohio.
18 Is it fair, then, to assume, since your
18 Q And for what period of time did you remain
19 deposition has been taken, as you say, some 40 or 50
19 in that position?
20 times as the corporate designee of Sherwin-Williams,
20 A I was in that position for four years.
21 that that is part of your regular duties?
21 Q Would that have been in a research
Page 9
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1 laboratory?
1 How long were you in that position?
2 A Yes.
2 A Until approximately 1975 when I became the
3 Q Okay. That takes us to approximately 1972.
3 supervisor of that department.
4 What was your next position with the company
4 Q When you say you became the supervisor, did
5 after that?
5 you -- did you succeed Ms. Tillman at that time?
6 A I became a senior chemist in a new
6 A No.
7 department called regulatory affairs.
7 Q And what were your duties as a supervisor
8 Q Who was in charge or the regulatory affairs
8 commencing in 1972?
9 department on its creation in 1972?
9 A Well, 1 had several chemists working under
10 A Janice Tillman.
10 me to provide the same type of data. I participated
' l Q Is Ms. Tillman still with the corporation?
11 more in tracking of regulations.
A No.
12 Q So the people who were under your
.3 Q And what were your duties in the regulatory
13 jurisdiction took over the jobs of, for example,
14 affairs department beginning in 1962 -- strike that --
14 preparing the material safety data sheets? *
15 1972?
15 A Yes.
16 A It was to provide material safety data
16 Q Subject to your supervision.
17 sheets to our customers, to write label cautions, and
17 Ana did they become, then, the -- again,
18 to track any new government regulations that may be
18 subject to your supervision, the authors of the
19 proposed at that time.
19 wording or warning labels?
20 Q And what was your tenure in that position in
20 A They participated in that
21 1972?
21 Q Okay. And for how long were you in that
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1 position?
1 of our product.
2 A Until approximately 1979.
2 Q So that would apply to state laws as well
3 Q And what happened to you then?
3 as -- as laws passed by Congress?
4 A They consolidated my department with a
4 A Yes.
5 department that had direct coordination of getting the
5 Q And any of the municipal ordinances passed
6 labels onto or getting label cautions onto labels.
6 by Cities or political subdivisions?
7 And I became director of product compliance
7 A Yes.
8 or director of regulatory information services at that
8 Q And that all comes under your jurisdiction
9 time.
9 and has from 1979 to the present?
10 Q That's based on your prior testimony as the
10 A That is correct.
11 position you now hold?
11 MR. SAMUEL: Let me mark as Deposition
12 A Yes.
12 Exhibit 1 die notice to take deposition.
13 Q Over the intervening years from 1979 to the
13 (Whereupon, Cohagan Deposition Exhibit
14 current time, have additional duties been added to
14 Number 1 was marked for identification.)
15 that position?
15 MR. POHL: Are you marking the notice or the
16 A Definitely, over that period of time, there
16 amended notice?
17 has been a lot of changes in government regulations,
17 MR. SAMUEL: Just the notice.
' 8 so there is more involvement in other areas.
18 BY MR. SAMUEL:
Q And when you say government regulation, is
19 Q Mr. Cohagan, Sherwin-Williams has
-0 that all government regulation of any kind?
20 previously filed responses to discovery propounded by
21 A Government regulations that affect the sale
21 my clients consisting of answers to interrogatories
'age 8 - Page 13
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1 and responses to requests for admissions.
t Q We were supplied some four banker boxes of
2 Did you assist your company's counsel in
2 documents.
3 preparing those discovery responses?
3 Were you shown just documents in two books?
4 a I provided what information I have had to
4 a Yes.
5 our legal department in the past.
s MR. SAMUEL: I will direct this question to
6 1 did not directly participate in answering
6 counsel.
7 the interrogatories or collection of the data for this
7 Counsel, are those documents that were
8 case.
8 turned over to the plaintiffs as part of the document
9 Q Have you had the opportunity to review those
9 production?
10 written discovery responses that have been filed by
10 MR. POHL: it is my understanding and belief
11 Sherwin-Williams in this case prior to coming here
11 that, leaving aside things that would be work product
12 today?
12 prepared by counsel, and I don't know if there are any
13 A No.
13 of those, everything that the witness examined has
14 Q And have you reviewed any documents prior to
14 been provided to you, if called for by your request.
15 coming here today to give this deposition?
15 MR. SAMUEL: Thank you.
16 A Yes, I have.
16 BY MR. SAMUEL:
17 Q And what documents have you reviewed in
17 Q Do you have those documents with you this
18 preparation for this deposition?
18 morning?
19 A There were two books of documents provided
19 A No, I don't.
20 to me by our legal counsel that my understanding those
20
(Whereupon, noise interruption.)
21 had been turned over in this case.
21 MR. SAMUEL: Excuse me. Can you mute that?
Page 16
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1 BY MR. SAMUEL:
1 have reviewed?
2 Q Now, Mr. Cohagan, in a response to an
2 MR. POHL: I will just object to the form of
3 interrogatory for the record, this is interrogatory
3 that.
4 number 81, Sherwin-Williams stated that, quote, it
4 MR. SAMUEL: Okay.
5 became a member of the UA in 1928 and ceased to be a 5 MR. POHL: Just so it is clear so you can
6 member of the LIA in 1947.
6 clear up the Question, I am not sure whether -- when
7 The LIA is a euphemism for the Lead Industry
7 you said do they maintain, some of what he was shown,
8 Association.
8 he was shown or may have been shown could have come
9 Are you familiar with that trade
9 from the productions of others.
10 organization?
10 That's why I just--
11 MR. POHL: object to the form of the
11 MR. SAMUEL: Okay.
12 question.
12 MR. POHL: I don't want any misunderstanding
13 BY MR. SAMUEL:
13 about that.
14 Q Are you able to answer it?
14 MR. SAMUEL: I appreciate counselV
is A I am familiar with what I have read in the
15 guidance.
16 documents concerning that organization.
16 And let me restate the question, Mr.
17 Q I understand that your company left that
17 Cohagan.
18 organization, according to this answer, nearly 20
18 BY MR. SAMUEL:
19 years before you were employed.
19 Q You said in answer to a prior question that
20 What -- what records does Sherwin-Williams
20 you had seen some records of Sherwin-Williams'
21 maintain of its prior membership in the UA that you
21 participation in the UA.
Page 18
Page 19
1 Is that correct?
1 that.
2 A Yes.
2 Were those meetings -- were those records
3 Q And were those records that you had
3 minutes of the annual meetings of the UA?
4 reference to in those responses, were those records
4 A I believe they were minutes of the executive
5 that Sherwin-Williams has in its possession?
5 committee.
6 A I don't know that. Those are records that
6 Q Okay. Were there any records of
7 was provided for me to review. Where they came from,
7 subcommittees of the LIA furnished to you for your
8 lam not aware of.
8 review?
9 Q Well, when were they provided to you?
9 A Yes.
10 A About six weeks ago.
10 Q And what committees would they be?
11 Q What department - strike that.
11 A The White Lead Technical Committee.
12 Were those documents from some corporate
12 Q Was Sherwin-Williams a member of that
13 archive that Sherwin-Williams maintains?
13 committee?
14 A I do not -- I do not know where they came
14 MR. POHL: object to the form and ask to
is from. They were provided me by our legal counsel.
15 clarify by stating at what particular time the
16 Q And would you describe the records you were
16 question is directed.
17 furnished by your legal counsel some weeks ago
17 MR. SAMUEL: Okay.
18 regarding the Lead Industry Association?
18 BY MR. SAMUEL:
19 A There were some -- a ledger showing paying
19 Q What time frame was encompassed in the
20 of dues or fees and minutes of various meetings.
20 minutes of the White Lead Technical Committee that you
21 Q Were those meetings of particular -- strike
21 were furnished to review?
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Dwight A. Cohagan, 5-8-96Multi-PageTMWright v. Lead Industries
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1 A I don't recall when the earliest one, but
1 MR. SAMUEL: I will ask the Court Reporter
2 the latest was 1950.
2 to hiark as Cohagan Deposition Exhibit 2 a document
3 Q Did Sherwin-Williams have membership on the
3 consisting of some five pages bearing the Bates stamp
4 White Lead Technical Committee?
4 numbers 10130, 13134,35,36, and38.
MR. POHL: same objection.
5 (Whereupon, Cohagan Deposition Exhibit
6 A I don't know their relationship. They
6 Number 2 was marked for identification.)
7 certainly were in attendance at various meetings.
7 MR. POHL: Do you have a copy?
8 Q At some point that you are unable to recall
8 MR. SAMUEL: Yes, I sure do.
9 the earliest time, but up to approximately 1950; is
9 BY MR. SAMUEL:
to that correct?
to Q Mr. Cohagan, in fairness to you, I am going
n A Yes.
11 to be showing you a number of documents, and you take
12 Q Was there any minutes of other subcommittees
12 your time.
13 of the Lead Industry Association furnished you for
13 I want you to review them or the parts of
14 your review?
14 them that I designate.
15 A Would you repeat that?
15 THE VIDEOGRAPHER: EXCUSC me.
16 Q Okay. Were there any minutes of meetings of
16 (Whereupon, discussion off the record.)
17 any other subcommittees other than the White Lead
17 BY MR. SAMUEL:
18 Technical -- Technical Committee furnished you for
18 Q I want you to have enough time to prepare
19 your review?
19 yourself to answer any questions that I may have.
20 a There may have been --1 think there was a
20 A Okay.
21 brief note about some advertising committee.
21 (Whereupon, documents tendered to witness.)
Page 22
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1 MR. POHL: Let me just observe for the
1 is -- bears the title, quote, A Brief History of the
2 record that what we marked as Exhibit 2 is stapled
2 Ozark Smelting and Mining Company's Activities from
3 together apparently as if it is supposed to be one
3 1909 to 1944, inclusive.
4 document, but the Bates numbers have a gap in the
4 And the last document bears the title. Our
5 sequence.
5 Mines -- quote. Our Mines - Taken From December Issue
6 And what is page 2 of this exhibit is
6 of the Chameleon, pages 156, 7 and 8 by L.P. Pressler.
7 really -- the page that has the page 2 typed at the
7 And someone has added the year date 1911 above
8 top is really page 3.
8 December.
9 And I am just wondering if counsel can
9 MR. POHL: Just so we are clear on the
10 indicate whether this is one document or -- is this
10 record, when you said it is a composite, is that this
i something that has been randomly stapled together or
11 one that you have put together as a composite and
what we know about the history of it?
12 stapled?
*3 MR. SAMUEL: Let me see if we can clarify
13 MR. SAMUEL: Yes. These were separate
14 that for the record.
14 documents furnished to us by Sherwin-Williams. They
15 These are documents that were furnished by
15 were: not stapled together at the time we received
is Sherwin-Williams in its document production. And
16 them.
17 they -- it is a composite exhibit consisting of three
17 MR. POHL: Thank you.
18 separate documents, the first being a memo apparently
18 MR. JOYNER: if I could make a couple
19 prepared by a Mr. R.W. Sieplein on October 22, 1923.
19 points, when you identify the documents, Mr. Samuel,
20 its subject matter is history of auxiliaries.
20 if you wouldn't mind identifying the entire Bates
21 The second document comprising this exhibit
21 number; a lot of the defendants nave produced
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1 documents.
1 MR. POHL: I think when you originally
2 I believe they all start with the prefix
2 identified it, you did not mention 39 as part of the
3 35-swp. That will make it much easier for all of us.
3 document, but I assume it is your intent to have 39?
4 MR. SAMUEL: Sure. I will be happy to do
4 MR. SAMUEL: Yes. Let me -- may I have
5 that.
5 that, sir?
6 MR. JOYNER: I think you gave us a set to
6 (Whereupon, document tendered to counsel.)
7 pass around. I think it looks like it is numbers 130,
7 MR. SAMUEL: can we substitute this as
8 34, 35, 36, 38 and 39. My notes indicate that is --
8 Exhibit 2?
9 MR. SAMUEL: That is right.
9 (Whereupon, Cohagan Deposition Exhibit
10 MR. JOYNER: That's right?
10 Number 2 was remarked for identification.)
11 MR. SAMUEL: That is right.
11 BY MR. SAMUEL:
12 MR. JOYNER: Sony to slow things down.
12 Q Mr. Cohagan, have you had an opportunity --
13 MR. POHL: We will reserve any objection we
13 take a moment, if you will, and look at the last
14 have to using something that arguably isn't complete
14 page.
is or an unofficial composite.
15 lam sorry. That page was omitted from the
16 MR. SAMUEL: That'S fine.
16 one that was furnished you.
17 THE WITNESS: This does not have page 39.
17 (Whereupon, the witness is reviewing the
8 MR. POHL: The witness' copy doesn't have
18 document.)
39. 19 A I have glanced over what the information I
Do you have an extra copy of that?
20 have.
21 THE WITNESS: It is this.
21 Q Thank you, sir.
Page 20 - Page 25
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1 A I did not read it in-depth.
1 A Would you repeat it again, please.
2 Q This is a bit of ancient history, but you
2 Q Would it appear from Exhibit 2 that
3 agree -- would you agree with me from your cursory
3 Sherwin-Williams operated mines at Magdalena, New
4 review that, for a penod of time during the 20th
4 Mexico?
5 Century, Sherwin-Williams was a miner of lead at its
5 MR. POHL: And I would object on foundation
6 mines at Magdalena, New Mexico?
6 and form grounds, if you are asking the witness does
7 MR. p o h l : Let me object to the question in
7 that appear in the document, but it has not been
8 that -- this line of questioning in that this was not
8 established there is a foundation on which he can give
9 an area that was identified in the notice of
9 personal testimony about the matters recited therein,
to deposition.
10 so I continue the second objection to this line.
11 So while the witness is here and will
u A These documents indicate that we did own
12 certainly be cooperative, you can see what personal
12 mines and mined lead ores from those mines.
13 knowledge he has.
13 Q And do the documents also indicate that
14 With respect to matters not identified in
14 Sherwin-Williams operated ore-smelting activities?
is the notice of deposition, we object to the testimony
15 a Yes.
is being designated as the testimony of the corporate
16 Q If you happen to know, what became of
17 representative of Sherwin-Williams.
17 Sherwin-Williams lead mines at Magdalena, New Mexico,
18 You can explore this as could you in
18 subsequent to 1947?
19 discovery.
19 a Unless there is something in here that
20 BY MR. SAMUEL:.
20 indicates something happened to it, I am not
21 Q Can you answer my question, Mr. Cohagan?
21 personally aware of what happened to the mines.
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1 MR. SAMUEL; We will mark this as Cohagan
1 Do you see that, sir?
2 Deposition Exhibit 3.
2 A Yes.
3 (Whereupon, Cohagan Deposition Exhibit
3 Q And there are then listed some seven
4 Number 3 was marked for identification.)
4 additional companies starting with the -- with, quote,
5 MR. POHL: Do you have an extra one of
5 ACME Quality Paints.
6 those?
6 Was ACME a -- was or is ACME a subsidiary
7 MR. SAMUEL: Sure.
7 of Sherwin-Williams?
8 (Whereupon, document tendered to counsel.)
8 MR. POHL: Let -- let me, once again, make
9 MR. POHL: Thank you very much.
9 an objection to this line of questioning. It was not
10 (Whereupon, document tendered to witness.)
to fairly identified in the notice of deposition that the
11 MR. SAMUEL: off the record.
11 witness was being called on to talk about the
12 (Whereupon, discussion off the record.)
12 corporate structure, corporate history or
13 MR. SAMUEL; Back on the record.
13 subsidiaries.
14 BY MR. SAMUEL:
14 So he can answer from his personal*
15 Q Mr. Cohagan, have you had an opportunity to
15 knowledge, but we reserve our objection that, with
16 review Deposition Exhibit 3?
16 respect to this line, he is not testifying as the
17 A Yes.
17 corporate representative.
18 Q If you will note at the top on both sides of
18 MR. JOYNER: Mr. Samuel, I have a question.
19 the page, there is a listing of various corporations,
19 Was this document produced by Sherwin-
20 the first one on the left side being the Sherwin-
20 Williams in this litigation?
21 Williams Company.
21 MR. SAMUEL: Yes.
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1 BY MR. SAMUEL:
1 Q The next corporation listed is the Lowe
2 Q Mr. Cohagan, are you able to answer the
2 Brothers Company.
3 question?
3 Was that a subsidiary of Sherwin-Williams in
4 I ask, would you like to have it read back
4 1969?
5 to you after this lengthy delay?
5 MR. POHL: Let me just show a continuing
6 A At this period of time, I don't know whether
6 Objection, while objections as to relevance are
7 they were a wholly owned subsidiary or just a group
7 reserved, of course, is there any indication that any
8 that was part of Sherwin-Williams.
8 of these companies had anything to do with the paint
9 Q Okay. But ACME Quality Paints marketed
9 on the premises involved in this case?
10 Sherwin-Williams paints; is that -- is that correct?
10 MR. SAMUEL: No, sir, there is not.
11 A No. ACME Quality Paints marketed--was a
11 MR. POHL: And--
12 marketing group under label of ACME Quality Paints.
12 MR. SAMUEL: And I will very gladly give you
13 Q But aid they produce their own paints, or
13 a continuing objection, sir.
14 did they sell paint stocks manufactured by Sherwin-
14 MR. POHL: To the extent that then it isn't
15 Williams?
15 involved in the case, I object that, while we will
16 A I don't know whether they had their own
16 allow this questioning to continue, there will come a
17 manufacturing facilities at this time or not.
n point where it appears that to be so patently
18 Q Well, thank you.
18 irrelevant that we think it is not a fair use of our
19 Do you know whether a c me sold paints in the
19 time, but you can continue.
20 City of Baltimore?
20 BY MR. SAMUEL:
21 A No, I don't.
21 Q Was Lowe Brothers a subsidiary of Sherwin-
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1 Williams?
1 relationship.
2 A I don't know whether they were a subsidiary
2 Q All right. And Deshler Products?
3 or were just part of the corporation. They are a
3 A I am not aware of the relationship at this
4 company that we bought a long time ago.
4 time.
And how their relationship with the company
5 Q Okay. Thank you.
a was developed, I am not aware.
6 MR. SAMUEL: we will mark this as Exhibit 4
7 Q And what can you tell me about the Rogers
7 to the Cohagan deposition.
s Paint Products?
8 (Whereupon, Cohagan Deposition Exhibit
9 Is that a subsidiary of Sherwin-Williams or
9 Number 4 was marked for identification.)
to was it at that time?
10 MR. SAMUEL: For the record, this is a
it A Again, I am not aware of the - of the
11 three-page document produced by Sherwin-Williams in
12 legal connection of any of these companies.
12 response to the plaintiffs' document production
13 Q Okay. Martin-Senour, is that a Sherwin-
13 request.
14 Williams subsidiary?
14 It is a -- further describing it for the
15 A At this time, I am not aware of the direct
15 record it bears the title. General Purchasing
16 relationship.
16 Department, Cleveland.
17 Q Okay. And W.W. Lawrence and Company?
17 The date May 4,1948. And it is further
18 A Again, I am not aware of the direct 19 relationship.
18 described as Bulletin Number 21, Addendum Number 19 Three, paren. Complete Revision, closed paren,
20 Q How about John Lucas and Company?
20 Subject, Lead Products.
21 A The same. I am not aware of the direct
21 MR. POHL: Do you have a copy of that for
1 me? 2 MR. SAMUEL: Here. 3 MR. POHL: Thank you. 4 (Whereupon, documents tendered to counsel
5 and the witness.) 6 BY MR. SAMUEL: 7 Q In response to the earlier request, the 8 first page bears a Bates stamp which is unusual to 9 this litigation, p l o 1461. 10 The second page has PLO 1462 and also sw l 005036. Page 3 is PLO 1462 and SW 005037. I will
speculate that apparently --
.j MR. POHL: You must have been -- misspoke. 14 BY MR. SAMUEL: 15 Q This must have been produced over and over
16 again, and different Bates stamps for different 17 litigation.
18 Is that a likely scenario? 19 MR. POHL: I think you misspoke, Lou. The 20 first one is PLO 1460. The next one is 1461, then
21 1462.
Page 34
1 2 3 4 5 6 7 8
9
10
11 12 13 14 15
16 17
18 19 20 21
MR. SAMUEL: Right.
Page 35
MR. POHL: Okay. Yes. You had two 1462s
when you described it.
MR. SAMUEL: Okay.
MR. POHL: I just --
MR. SAMUEL: I am sorry.
(Whereupon, pause.)
BY MR. SAMUEL:
Q Mr. Cohagan, this document on the front page
identifies a number of items of what appear to be
various lead pigments, preceded by this sentence.
Our -- quote, our contract for the National
Lead Company and W.P. Fuller and Company provide for
the following items.
*
My question to you is, sir, in 1948, it
would appear that Sherwin-Williams was purchasing lead
pigments from National Lead Company and W.P. Fuller.
Is that an accurate description or that
text?
MR. JOYNER: objection.
MR. POHL: Object to the form also.
Page 36
Page 37
1 A This seems to be a purchasing directive on
1 discontinued using white lead.
2 from whom and where to purchase the items listed.
2 Q Purchased from any source: is that correct?
3 Q Do you know when Sherwin-Williams began to
3 A Yes.
4 purchase lead pigments from National Lead Company?
4 Q Was it then --
5 A No, I don't.
5 A For paints.
6 Q Do you know for what period of time after
6 Q For paints.
7 1948 Sherwin-Williams continued to purchase lead
7 And from our further understanding, as of
8 pigment from National Lead Company?
8 that point of time in the '50s, Sherwin-Williams
9 MR. POHL: I am going to object to -- not
9 stopped using white lead pigments in its paints; is
10 only to the form, but perhaps we can clarify.
10 that correct?
11 I don't think that question is within the
11 MR. POHL: I am going to object to the form
12 scope of the deposition notice, unless you limit it to
12 and ask counsel to clarify.
13 lead pigments tor paints or residential paints, as
13 When you say in its paints, that is --
14 opposed to other products.
14 obviously, I don't think this case is about industrial
15 MR. SAMUEL: I will accept counsel's
15 or military paints.
16 amendment.
16 If you specify residential or exterior or
17 BY MR. SAMUEL:
17 interior, I have no objection. It is within the
<8 Q And as so amended, Mr. Cohagan, are you able
18 scope.
to answer that question?
19 MR. SAMUEL: I will accept your counsel's
.j A My understanding as to the last time is
20 suggestion. And let me reform the question, restate
21 that it was somewhere m the late '50s that we
21 the question.
Page 32 - Page 37
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Wright v. Lead Industries__________ ________ Multi-PageTMDwight A. Cohagan, 5-8-96
Page 38
Page 39
1 BY MR. SAMUEL:
1 and 1980.
2 Q Is it your understanding, sir, that, as of
2 MR. POHL: object to the form. It is
3 this time in the late 'SOs, when white lead pigments
3 overbroad.
4 ceased to be purchased that, from that point on,
4 You can answer.
5 Sherwin-Williams did not put white lead pigments in
5 A I have -- I do not know.
6 any of its residential paints; is that correct?
6 Q Another area of inquiry in the notice of
7 a I know in 1972 that we did not use any lead
7 deposition is Sherwin-Williams Company's involvement
8 materials in our interior or residential paints.
8 in the National Paint Varnish and Lacquer Association,
9 Q Okay. Did Sherwin-Williams Company
9 Mr. Cohagan, during the years between 1928 and 1980.
to manufacture, if you know, any lead pigments itself
10 In answer to plaintiffs' interrogatory
11 during the period 1950 to 1980?
11 numbered 81, Sherwin-Williams stated, and I quote for
12 A I believe we were manufacturing some leaded
12 the record, Sherwin-Williams was a member of, at
13 zinc oxide.
13 various discrete times, the National Paint Varnish and
14 Q And where was that being manufactured?
14 Lacquer Association, paren, quotation mark, n p v l a ,
t5 A Cockeyville, Kansas.
15 quotation mark, closed paren, paren, later known as
16 Q And was leaded zinc oxide pigment used in
16 the National Paint and Coatings Association, although
17 residential paints?
17 the precise dates of its n p v l a membership are
18 MR. POHL: Let me object to the form, unless
18 unknown.
19 the -- the time is specified.
19 And your company, sir, produced certain
20 BY MR. SAMUEL:
20 documents under a category called trade associations,
21 Q All right. In the time period between 1950
21 which included documents relating to Sherwin-Williams'
Page 40
Page 41
1 membership in the n p v l a .
1 This would suggest that the National Paint
2 lam not going to mark this, but I will ask
2 Varnish and Lacquer Association had its genesis at
3 you, sir, the earliest document furnished to us was
3 approximately 1888.
4 what purported to be the 25th Anniversary Edition of
4 Would that -- do you know whether or not
5 the Scientific Section, Education Bureau of the
5 that organization goes back that far in time?
6 American Paint and Varnish Manufacturers Association.
6
MR. POHL: I am going to object. It is
7 Have you ever heard of the American Paint
7 beyond the scope of the notice, but you can ask him if
8 and Varnish Manufacturers Association?
8 he has any personal knowledge.
9 A No, I haven't.
9 A No, I do not know.
10 Q Could it have been the National Paint
10 Q Okay.
11 Varnish and Lacquer Association under a different
11 MR. JOYNER: Mr. Samuel, would you mind
12 name?
12 marking that as an exhibit?
t3 MR. POHL: Object to the form of the
13 MR. SAMUEL: Sure.
14 question. There is no foundation.
14 MR. JOYNER: okay.' Mark this then as 11. I
15 MR. SAMUEL: I am just asking if he knows.
15 don't want to get my sequence out of order.
16 A I don't
16 (Whereupon, Cohagan Deposition Exhibit
17 Q Also produced, and I am not going to mark
17 Number 11 was marked For identification.)
18 this either, is a portion of the proceedings of the
18 BY MR. SAMUEL:
19 Raw Material Forum of the 58th Annual Convention of
19 Q Before coming here today, Mr. Cohagan, have
20 the National Paint Varnish and Lacquer Association at
20 you reviewed any documents of Sherwin-Williams
21 Atlantic City, New Jersey, on November 8, 1946.
21 concerning its membership in the National Paint
Page 42
Page 43
1 Varnish and Lacquer Association?
1 organization?
2 A Yes, I did.
2 A Yes. It is.
3 Q And would you characterize those records for
3 Q Has Sherwin-Williams maintained its
4 the record in this proceeding, please.
4 membership in the organization, however so named, down
5 A Some of them were minutes of meetings with
s to the present time?
6 the -- with the associations.
6 A No, they have not.
7 Some of them were -- were responses to
7 Q Okay. During the time frame 1950 to 1980,
8 information that the association requested from
8 was Sherwin-Williams a member of the NPVLA?
9 various companies.
9 A As far as I can understand, yes, they were a
10 Q What time frame did the documents that you
10 member.
11 reviewed encompass?
11 Q What corporate department of Sherwin-
12 When did they begin, for example?
12 Williams provided members to the NPVLA?
13 A I don't remember the dates.
13 MR. POHL: Object to the form.
14 Q All right. Is this organization still
14 You can answer.
15 extant?
15 A Various corporate departments would provide
16 A It is --
16 people to be mepibers on the various committees of
17 MR. POHL: Just for the sake of the record,
17 their discipline in NPCA.
18 when you say this organization, are you talking about
18 Q So the n p v l a had various committees?
19 just NPVLA or are you treating NPCA as its successor?
19 A Yes.
20 Q The n p v l a as now known, as your counsel
20 Q Do you knowhow many?
21 suggests, as by another name, is it still an ongoing
21 A No.
Evans Reporting Service
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Dwight A. Cohagan, 5-8-96Multi-PageTMWright v. Lead Industries
Page 44
1 Q Were you yourself ever a member of the n p v l a
1 have not been members.
Page 45
2 or one of its subcommittees as a Sherwin-Williams
2 Q Okay. Now, when did you become a member of
3 representative?
3 the hazardous material data sheet subcommittee?
4 A I was Sherwin-Williams' representative on
4 MR POHL: object to the form of the
the organization known as National Paint Coatings
5 question.
6 Association involving labeling and a subcommittee
6 lam not sure he said hazardous material. I
7 involving material safety data sheets.
7 think he said MSDS.
8 Q And when were you designated as the
8 A Material safety data sheet.
9 Sherwin-Williams representative to those two
9 Q I am sorry. I didn't mean to misspeak or
to subcommittees or either of them?
10 mislead you.
11 A My involvement with the labeling committee
ti When did you become a member of that
12 began right around '75, '76.
12 committee?
13 Q Okay. And what period of time did you hold
t3 A That committee was part of the occupational
14 membership on that committee as Sherwin-Williams'
14 health committee. And when they revised their
15 representative?
15 directions for the industry on completion of the
16 A When we were members of the National Paint
16 material safety data sheet, I participated in that
17 and Coatings Association, I was always on that
17 organization. And that happened about three times.
18 committee.
18 Q Thank you.
19 Q Until what year?
19 MR. SAMUEL: Let me mark as Cohagan
20 A There is a period of time between '82 and
20 Deposition Exhibit Number 5 a collection of - of
21 *84 which we were not a member. And since '89, we
21 documents furnished by Sherwin-Williams bearing a
1 Bates stamp swp-ooooo3427 to 000003485.
Page 46 1 approximately 11:20.
Page 47
2 (Whereupon, Cohagan Deposition Exhibit
2 BY MR. SAMUEL:
3 Number 5 was marked for identification.)
3 Q Mr. Cohagan, let me direct your attention to
4 (Whereupon, document tendered to witness.)
4 the very first page of what has been marked as your
5 THE VIDEOGRAPHER: Mr. Samuel, while he
5 Deposition Exhibit 5, which is a document dated
6 looks at that, can we go off the record to change the
6 December 8, 1971 under the masthead National Paint
7 tape?
7 Varnish and Lacquer Association.
8 MR. SAMUEL: Sure.
8 And this document is directed, quote, to
9 THE VIDEOGRAPHER: We are off the record.
9 all, quote, A, closed quote, members.
10 The time is approximately 11:09.
10 What is an A member or -- strike that.
l MR. SAMUEL: why don't we take a break?
11 On December 8,1971, what constituted an A
(Whereupon, a bnef recess was taken --
12 member of the NPVLA?
j 11:09 a.m.)
13 A My understanding is that A members are paint
14 (Whereupon, discussion off the record.)
14 manufacturers.
*
15 (Whereupon, after recess -- 11:20 a.m.)
15 Q All right. If you happen to recall, what
16 MR. SAMUEL: Are you ready?
16 were the other classes of membership in the n p v l a in
17 THE WITNESS: Yes.
n this time frame, in 1971?
18 MR. SAMUEL: Back on the record.
18 A A B manufacturer would be suppliers of
19 THE VIDEOGRAPHER: One second, please.
19 materials for paints.
20 Okay. We are back on the record in the 21 deposition of Dwight Cohagan. The time is
20 Q Could a -- a lead-pigment manufacturer then
21 qualify as a B for B membership in the NPVLA?
Page 48
Page 49
1 A Yes.
1 MR. POHL: Yes. I think I would. I don't
2 Q Let me now direct your attention, sir, to
2 know if it was part of the rest of this or whether you
3 the very last two pages of Exhibit 5, which, for the
3 have any background about it, but --
4 record, is a letter dated October ll, 1971, written by
4 MR SAMUEL: off the record.
5 Mr. H.E. Spitzer, S-p-i-t-z-e-r, Technical Director,
5 MR POHL: whatever is easier for you for
6 Coatings, to Mr. R.G. Bull.
6 the deposition.
7 Is that Bull, B-u-1-1?
7 THE VIDEOGRAPHER: We are off the record in
8 A Yes.
8 the deposition of Dwight Cohagan. The time is
9 MR POHL: Just let me interject at this
9 approximately 11:24.
10 point this same reservation or objection I made as to
10 (Whereupon, discussion off the record.)
11 a prior composite exhibit.
11 MR POHL: I will just reserve an
12 While it is convenient to use them here, we
12 objection.
13 reserve any objection with regard to unrelated
13 MR SAMUEL: Back on the record.
14 documents being perhaps improperly assembled and
14 THE VIDEOGRAPHER: We are back on the record
is reserve any right to have them placed separately or in
15 in the deposition of Dwight Cohagan. The time is
16 context later.
16 approximately 11 :.24.
17 Sorry to interrupt.
17 MR. POHL: should we reflect that, off the
8 MR. SAMUEL: counsel, would you be more
18 record, it was established that the staples -- these
comfortable then if I were to pull this two-page
19 were not stapled into this packet together not by
document out and make it, for example, Exhibit 5-A?
20 Sherwin, but by you, and we reserve the objection?
21 I will be happy to do that, if you wish.
21 MR s a mu e l : I adopt counsel's
Page 44 - Page 49
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Wright v. Lead IndustriesMulti-PaPgT eTMDwig--h- O--t- --A". Cohagan, ^5-8w-96w
Page 50
Page 51
1 characterization.
1 which reads, quote, face up to the problem and propose
2 BY MR. SAMUEL:
2 elimination of all, quote, added lead, closed quote,
3 Q You were with the company in October of
3 underscored, from interior paints by some date.
4 1971, were you not, Mr. Cohagan?
4 Would you define the term added lead for
5 A Yes.
5 me, please, sir.
6 Q Did you know Mr. R.G. Bull at that time?
6 MR. POHL: Let me object to the form.
7 A I knew who he was.
7 Are you asking him to define it as he uses
8 Q What was his title?
8 it, or does he know how the writer of this document
9 A I think he was the -- at that time, the
9 was using it?
10 director of marketing.
10 MR. SAMUEL: I will accept that.
it Q And Mr. Spitzer was the technical director
ti Q And, first, let me ask you what your
12 of coatings.
12 definition of added lead is.
13 What department was he in?
13 A Added lead is when you intentionally add a
14 A He was m the technical and research
14 leaded material to a product.
15 department.
15 Q And is that a term of art in the paint
16 Q Which was the department that you started
16 industry?
17 offininl968?
17 A that is commonly used in the paint industry
18 A Yes.
is in that context.
19 Q Okay. Let me direct your attention, Mr.
19 Q So would it be likely that Mr. Spitzer used
20 Cohagan, to page 1 of the Spitzer-Bull letter and, the
20 that term in the same sense that you understand it in
21 third paragraph, has an indented number two and next.
21 this letter of October 11,1971 to Mr. Bull?
Page 52
Page 53
1 A If he -- yes, he would use it in that same
1 agent, and it was .035 lead, your -- your total lead
2 context, although this -- he is paraphrasing what
2 in the dried film is going to be two percent, plus
3 Robert Roland is saying.
3 .035 percent lead; is that right?
4 Q Thank you.
4 MR. POHL: l am going to object on two
5 Is added lead -- strike that.
5 bases.
6 If you have a paint that has a white lead
6 One, I object to the form of it.
7 pigment in its composition, and for the sake of -- of
7 Second, I object that we are going now to an
8 my example for purposes of seeking education, let's
8 area that is not identified in the notice of
9 say that that lead pigment results in a two-percent
9 deposition.
to leaded paint.
10 Again, in the spirit of cooperation, we will
11 Are you with me so far?
11 let the witness answer from his personal knowledge,
12 A I believe so.
12 but note we reserve our objection to going into this,
13 Q Okay. If you put something in that is added
13 and it is not speaking necessarily on behalf of the
14 leach would that increase the lead percent of the
14 corporation.
*
15 paint beyond the two percent in my example?
15 MR. CULLEN: Object to the question, because
16 MR. POHL: object to the form of the
16 it is an incomplete hypothetical.
17 question.
17 BY MR. SAMUEL:
18 A If you have a two-percent lead paint, and
18 Q Can you answer, Mr. Cohagan?
19 you add additional lead to it, yes, it would increase
19 A If I understand what you are asking me
20 the percentage.
20 that, if I added material that has .035 percent lead
21 Q So if. Tor example, you add in a drying
21 to it, to something that is already two percent.
Page 54
Page 55
t theoretically, it would not increase it.
1 has to be -- have its own cleaning power.
2 Q It would not increase beyond the two
2 It -- also, some of the extenor paints have
3 percent?
3 to be resistant to corrosion. It is a whole, you
4 A In -- that is correct.
4 might say, a whole different world out there from
5 Q Look, if you will, sir, at page 2 of the
5 interior paints.
6 document, and the first sentence of the top paragraph
6 Q Did the technology exist prior to, say,
7 states, quote, complete elimination of, quote, added
7 October of 1971 to eliminate, quote, added lead,
8 lead, closed quote, from exterior products is much
8 closed quote, from interior paints?
9 more difficult.
9 MR. POHL: Object to the form.
10 Why would it be more difficult to eliminate
10 A There may be some alternatives for the
11 added lead from exterior products than from interior
11 materials in the paints before then. Certainly, there
12 products?
12 had to be some developments -- developments in the
13 MR. POHL: same -- same objection. You can
13 systems in order to totally eliminate it.
14 ask for his personal knowledge.
14 It was not a situation where you can say, I
15 I take it the question is not what did Mr.
15 can pull this out and put something else in.
16 Spitzer think, but what -- you are asking for his
16 There had,--there was considerable
17 knowledge?
17 technical development going on for that period of time
18 MR. SAMUEL: Right.
18 to try to get to an equivalence of the standards of
19 A Certainly, exterior coatings are exposed to
19 performance from the coating previous.
20 the extremes of the - of the environment, which it
20 MR. SAMUEL; we will mark as Cohagan
21 requires it to be more durable, more light-fast. It
21 Deposition Exhibit 6 a collection of documents
Evans Reporting Service
Page 50 - Page 55
Dwight A. Cohagan, 5~8-96
Multi-PageTM Wright v. Lead Industries
Page 56
Page 57
1 produced by Sherwin-Williams to the plaintiffs with
1 Cohagan, not directed to the document itself.
2 Bates stamp numbers 0035-SWP-OOOOO34O9 through 3426 2 Did the National Paint Varnish and Lacquer
3 and out of sequence document bearing the Bates stamp
3 Association have a national -- strike that -- an
4 number 0035-s w p-o o o o io 392 and then another document of
4 American Standards Association subcommittee in 1953?
two pages bearing the Bates stamp number 0035-SWP-
5 MR. POHL: I would just object to the form
000003470, and 3471.
6 in that it is vague.
7 (Whereupon, Cohagan Deposition Exhibit
7 Are you saying, was the American Standards
8 Number 6 was marked for identification.)
8 Association a subcommittee of n p v l a , or did NPVLA work
9 MR. POHL: Do you havethat?
9 with a separate organization a s l a ?
10 MR. SAMUEL: Yes.
10 BY MR. SAMUEL:
u MR. POHL: Thank you.
u Q I will adopt your counsel's suggestion and
12 Once again, for the record, you -- Mr.
12 change the question to ask, did the n p v l a have a
13 Samuel, you are the one that has organized these and
13 subcommittee in 1953 that worked with the American
14 stapled them together in this fashion?
14 Standards Association?
15 MR. SAMUEL: I have, indeed, sir.
15 A Ido not know.
16 MR. POHL: And I will reserve the same
16 Q If I asked you that same question and
17 objection.
17 changed the time frame to 1955, would you be able to
18 MR. SAMUEL: You may certainly have it.
18 answer that?
19 (Whereupon, document tendered to witness.)
19 fii No, I would not.
20 BY MR. SAMUEL:
20 Q How about 1964?
21 Q A couple general questions, first, Mr.
21 A No, I would not.
Page 58
Page 59
1 Q To your knowledge, has the NPVLA ever had a
1 Q Let me direct your attention, Mr. Cohagan,
2 standing subcommittee which concerned itself with the
2 to a page Bates stamp numbered SWP-000003418.
3 American Standards Association?
3 (Whereupon, tne witness is reviewing the
4 A The American Standards Association writes
4 document.)
5 voluntary standards for all kinds of industries,
5 Q I note that the membership and alternates of
6 including paint, and they write health specs.
6 the subcommittee which developed this standard are as
7 Is there a standing committee for -- for the
7 follows.
8 American Standards Association, no.
8 And one of those names, as an alternate, is
9 Q Let me change the question slightly and ask
9 Mr. S.B. Coolidge of the Sherwin-Williams Company.
10 you, sir, if the NPVLA haa a subcommittee known as the
10
What was Mr. Coolidge's position with the
l Z66.1 subcommittee?
11 company in 1955?
MR. POHL: what point in time?
12 MR. POHL: I will incorporate my earlier
.j Q In 1953.
13 objection to this line of questioning to the extent it
14 A I would not know.
14 goes beyond the scope or the deposition notice.
15 Q How about 1955?
15 A I do not know what his position was at that
16 A I would not know.
16 time.
17 Q How about 1964?
17 Q Was Mr. Coolidge still with the company when
18 A I would not know.
18 you came on board in "68?
19 Q At any time, has the NPVLA had a Z66.1
19 A I don't recall.
20 subcommittee?
20 Q I take it, then, you did not know this
21 A Not that I am aware of.
21 gentleman by personal; is that correct?
Page 60
Page 61
1 A No, I did not know him.
1 A In 1968.
2 Q Let me ask you to turn over a few pages,
2 Q What was Mr. Martins' title at that time?
3 Mr. Cohagan, to page Bates stamped 0035-SWP-
3 A He was director of associated products
4 000003421.
4 laboratory.
5 (Whereupon, the witness is reviewing the
5 Q And what was the work of that laboratory?
6 document.)
6 a They worked on products which essentially
7 Q This document consists of minutes of the
7 were not paint products, but related type to the usage
8 Z66.1 subcommittee of a meeting held on April 10,
8 of paints.
9 1963.
9 Q Okay. Did Sherwin-Williams then at that
10 I note members present a Mr. Charles R.
10 time have two laboratories, one dedicated to paint
11 Martins of the Sherwin-Williams Company.
11 products and one for nonpaint products?
12 Do you know Mr. Martins?
12 A They had various laboratories specializing
13 MR. POHL: same continuing objection with
13 in certain areas.
14 regard to outside the scope of the deposition notice.
14 Q Let me now direct your attention, Mr.
15 MR. SAMUEL: YOU have it.
15 Cohagan, to a letter bearing the Bates stamp number
16 A Yes, I do.
16 0035rSWP-0OOOlO3?2.
17 Q And what was Mr. Martins' title with the
17 It is a letter from a Mr. A.J. Morales to a
is company in 1963?
18 number of people dated February 27, 1970.
A I don't know.
19 Do you see that, sir?
.j Q When did you first know Mr. Martins
20 MR. POHL: Is this part of the exhibit?
21 personally?
21 MR. SAMUEL: Yes.
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Wright v. Lead Industries__________ ________ Multi-PageTM_______ .______ Dwight A. Cohagan, 5-8-96
Page 62
-. ,.
1 MR. POHL: Read me the last four digits. I
t A I don t know.
Page 63
2 am not sure it is in the copy that I have.
2 q When you became involved in regulatoiy
3 (Whereupon, document tendered to counsel.)
3 affairs in 1972, did you have personally any dealings
4 MR. POHL: Let me see.
4 with the Z66.1 subcommittee?
5 (Whereupon, discussion off the record.)
5 A Would you repeat that, please.
6 MR.POHL: I do have it.
6 Q Sure.
7 Once again, was this -- this is inserted, I
7 (Whereupon, the record was read as
8 guess, out of sequence? This is your compilation?
8 requested.)
9 MR. SAMUEL: Yes, indeed it is, sir.
9 a No, I didn't.
10 mr . p o h l : Thank you.
10 Q At any time thereafter, until 1980, did you
U BY MR. SAMUEL:
u have any personal dealings with the Z66.1
12 Q My question to you simply, Mr. Cohagan, is,
12 subcommittee?
13 did Mr. Martins, in response to Mr. Morales' letter,
13 A No.
14 did he retain, in 1970, his membership in the Z66.1
14 Q Thank you.
15 subcommittee?
15 Are you familiar with Sherwin-Williams'
16 A I do not know.
16 operation of branch retail stores?
17 Q Did Sherwin-Williams, in fact, retain a seat
17 A I - over the last 20 years, yes.
18 on the Z66.1 subcommittee until 1980?
18 Q Sherwin-Williams operates a great number of
19 MR. POHL: Object to the form and object as
19 retail stores across the country; is that a fair
20 beyond the scope of the deposition notice.
20 statement?
21 You can answer, if you know.
21 A We operate stores across the country. What
Page 64
Page 65
1 is a great number is -- we operate about 2,000 stores
1 has it not?
2 across the country.
2 A Yes.
3 Q And based on an inspection of today's Yellow
3 Q And it would have been in the retail store
4 Pages in our local telephone directory, apparently you
4 business in 1980?
5 operate about 26 stores throughout the State of
5 A Yes.
6 Maryland, including several m the City of Baltimore.
6 Q Are these stores owned and operated by the
7 That doesn't surprise you, does it?
7 company itself?
8 MR. POHL: Are you talking about today?
8 A Yes.
9 MR. SAMUEL: Pardon?
9 Q And are -- the employees who man the stores,
10 MR. POHL: Today?
10 are they Sherwin-Williams Company employees?
11 MR. SAMUEL: Yes.
11 A Yes.
12 A No, it does not surprise me.
12 MR. POHL: Just so the record is clear,
13 Q And Sherwin-Williams sells a broad range of
13 your question is about Sherwin-Williams stores owned
14 its manufactured products through its retail stores,
14 by the company?
*
is does it not?
15 MR. SAMUEL: Yes.
16 MR. POHL: object to the form.
16 BY MR. SAMUEL:
17 A We sell a broad range of products through
17 Q And just as background, as suggested by your
18 our stores division. Not all of the stores are retail
18 counsel's question, Sherwin-Williams sells its
19 stores. There is also commercial stores.
19 products to independent retail operators, does it --
20 Q Okay. And Sherwin-Williams has -- has been
20 MR. POHL: Let me object to the form of
21 in the retail store business for a good many years.
21 that. If you are asking about the present, my
Page 66
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1 objection is that it is irrelevant.
1 paint, paint products?
2 If you are asking about what - to the
2 A Yes.
3 extent that your question is reflected in the
3 MR. SAMUEL: I will mark as Exhibit 7 to
4 deposition notice, it is proper, but I would ask that
4 the Cohagan Deposition -
5 you identify the time frame.
5 (Whereupon, document tendered to witness.)
6 BY MR. SAMUEL:
6 MR. POHL: Thank you.
7 Q Okay. I'll be happy to do so.
7 MR. SAMUEL: -- an exhibit consisting of two
8 In 1980, did Sherwin-Williams sell its
8 letters, one dated September 14, 1971, written by Mr.
9 products to retail - to independent retail operators?
9 H.E. Spitzer, technical director, coatings, to a Mr. W
10 A No, they did not.
10 C. Fine, a two-page letter bearing the Bates stamp
11 Q You sold your products only through your own
11 number 0035-SWP-ooooo3622, and 3623.
12 stores in 1980?
12 And a second letter also written by Mr.
13 A As a Sherwin-Williams product, yes.
13 Spitzer or at least a document apparently authored by
14 Q Did Sherwin-Williams sell products which it
14 him.
15 manufactured under other than its own brand names to 15 The addressee of the document is not
16 retail independent operators?
16 identified in the document produced to plaintiffs.
17 A Yes.
17 And this bears Bates stamp number 0035-SWP-ooooo3562,
18 MR. POHL: Are you talkingabout 1980 now?
18 and 63.
19 MR. SAMUEL: Yes.
19 MR. POHL: I will state the objection --
20 BY MR. SAMUEL:
20 incorporate the objection I mentioned earlier with
21 Q And those products would have included
21 regard to juxtaposition of unrelated documents in a
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Dwight A. Cohagan, 5-8-96_________________ Multi-PageTMWright v. Lead Industries
Page 68
Page 69
t single exhibit.
1 Q And there is a P.S. there. Attached is your
2 MR. s a mu e l : counsel, would you prefer that
2 letter from R.A. Steudel, S-t-e-u-d-e-1.
3 I break this down into an A and a B?
3 Who is Mr. Steudel?
4 MR. po h L: whatever is easier for you, as
4 a That's Steudel. Steudel.
long as it is indicated that you are the one -- they
5 Q Steudel. Okay. I am sorry.
o didn't come stapled together?
6 A He was the vice-president andtechnical
7 MR. SAMUEL: No, they didn't.
7 director at that time.
8 MR. POHL: Then whatever is easier for you.
8 Q So would Mr. Steudel have been Mr. Spitzer's
9 I will reserve my right to ask they be pulled apart if
9 superior?
to there is any attempt to use it later.
10 A Yes.
it (Whereupon, Cohagan Deposition Exhibit
11 Q At page 2 of his letter to Mr.Fine dated
12 Number 7 was marked for identification.)
12 September the 14th, 1971, Mr. Spitzer has this to
13 BY MR. SAMUEL:
13 say.
14 Q On the second page of his letter to Mr.
14 Quote, we do sell coatings for industrial
is Fine -- strike that.
15 products, product finishes and maintenance through our
16 Who is Mr. Fine, W.C. Fine?
16 branches, period. Many of these contain lead.
17 a He was a vice-president of the corporation
17 We must educate our salespeople that such
18 at that time. I don't know his exact title.
is products should not be sold for home use, period. For
19 Q What department was he affiliated with at
19 example, Kem Lustral, L-u-s-t-r-a-1, has been and
20 that time in 1971?
20 still is being sold as an all-purpose enamel by many
21 A He was a corporate officer of the company.
21 brartches, hyphen, and I am sure, on occasion, that it
Page 70
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1 had been used to paint such things as bicycles, toy
1 First, the question assumes that such
2 wagons, et cetera.
2 documents were requested.
3 Although all formula compositions will, to
3 Secondly, with regard to the specific
4 die best of our knowledge, comply to the regulations
4 subject matter, it is beyond the scope of the
s as we understand them, we are still vulnerable to a
5 deposition notice.
6 number of things.
6 Subject to incoiporating my earlier comments
7 One has already been mentioned above where a
7 with regard to that objection, you can answer.
8 product might be sola for the wrong use. Second is
8 A I can recall during that period of time that
9 the potential contamination in production, hyphen,
9 price list used by the stores had notations as to
10 and, of course, the very big problem of moving
10 which were -- or at least sometime after this period
*T existing products out of our inventory as quickly as
11 of time, which products contained lead and were not to
possible.
12 be used -- sold for retail usage.
.i There are, however, educational programs
13 Q But did Sherwin-Williams have a formal
14 underway in all of these areas.
14 education program for its retail employees id 1971 or
15 Sherwin-Williams produced no documents to
15 thereafter to meet the concerns addressed by Mr.
16 the plaintiffs with respect to educational programs of
16 Spitzer in this letter?
17 its store employees as alluded to by Mr. Spitzer.
17 MR. POHL: I continue my earlier objection.
18 Did Sherwin-Williams, in fact, have
18 Q You may answer.
19 education programs which retail store employees --
19 MR. POHL: You are asking him, other than is
20 MR. POHL: I object to the form of the
20 stated in the letter?
21 question for two reasons.
21 MR. SAMUEL: Yes.
Page 72
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1 A They have -- our employees go through
1 cope with most of these new regulations by formula
2 training. As to what was involved in that training at
2 revision.
3 that time, I do not know.
3 There are other areas of concern which will
4 Q What department within the corporation
4 affect sales through our branches.
$ would have been charged with training of retail store
5 There are many nontrade painter items
6 employees in 1971?
6 carried in our branches in which there are either no
7 A It would be a department in our stores
7 or different restrictions, hyphen, and may carry lead
8 division.
8 or photochemically active solvent.
9 Q And where was the stores division
9 There is then a blank space and the word in
10 headquarters located in 1971?
10 capital letters, redacted. Ana then text which reads,
11 A In Cleveland, Ohio.
11 quote, while I know it may be extremely difficult, it
12 Q Who was the senior executive in charge of
12 seems to me the sales personnel must be educated to
13 the stores division in 1971?
13 read and understand the label analysis and to
14 A I don't know.
14 recognize when and when not to sell a certain
15 Q Let me direct your attention now, sir, to
15 product.
16 the document dated September 21, 1971 and apparently
16
Can you define for me the term nontrade
17 written by Mr. H.E. Spitzer.
17 painter items?
'8 Ana at page 2 of that document, in the
18 MR. POHL: I will incorporate the same
second paragraph, under the subtitle general, Mr.
19 objection with regard to not fairly identified in the
-j Spitzer writes, quote, while it may be an
20 scope of the deposition notice.
21 oversimplification to say so, we have been able to
21 So to this extent, we reserve the right to
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Wright v. Lead IndustriesMulti-PageTMDwight A. Cohagan, 5-8-96
1 indicate that Mr. Cohagan is not speaking for the
Page 74 1 available for trade customers?
Page 75
2 company, but he can reply from his personal knowledge.
2
MR. POHL: i object to the relevance, not in
3 A The use of the term nontrade painter items
3 the scope of the deposition notice, foundation, and it
4 referred - generally refers to materials like
4 assumes that there is one way of carrying that within
5 industrial maintenance coatings which are intended for
5 all the stores. I think it is just hopelessly
6 industrial structures, product finishes which are,
6 overbroad.
7 here again, a factory usage of coating products.
7 Q If you know.
8 There are caulking compounds, there is
8 a I don't know.
9 adhesives, various things like that which are not
9 Q So did you visit - strike that.
to intended to be sold as what they -- the term that they
to In your various positions with the company,
11 used at that time was trade sales products, which
11 starting with your involvement with regulatory affairs
12 means essentially retail products.
12 in 1972, did you have occasion to visit Sherwin-
13 Q Okay. To the average guy walking in off the
13 Williams retail stores?
14 street who wants to buy a gallon of paint to paint his
14 A Yes.
15 garage, he is --
15 Q And what would be the circumstances under
16 A Trade sales.
16 which you would visit a retail store?
17 Q -- he is a trade salesperson?
17 MR. POHL: Let me just be sure that we are
is A Yes.
18 on a proper relevance line.
19 Q And the ~ the products that are nontrade
19 There is no allegation in this case, is
20 painter items, were they located in a different part
20 there, that any of the products involved were
21 of the retail stores from the items that were
21 purchased from a Sherwin-Williams retail store?
Page 76
Page 77
1 MR. SAMUEL: I don't know.
1 BY MR. SAMUEL:
2 MR. POHL: So what you are saying as of the
2 Q Then may I take it from that answer, then,
3 record of this date, plaintiffs have made no such
3 that you were not called upon to visit the retail
4 allegation.
4 stores in connection with any of your duties relating
5 MR. SAMUEL: That's my understanding.
s to regulatory compliance?
6 MR. POHL: Then I object to this, not only
6 A Not during this period of time.
7 because you are going beyond the limits of this case,
7 9 Okay. At any period did you have occasion
8 but certainly far beyond the scope of the deposition
8 to visit your retail stores in connection with your
9 notice.
9 duties relating to regulatory affairs?
to MR. s a mu e l : Are you directing him not to
10 MR. POHL: same objection to the extent it
11 answer?
11 calls for information outside of the relevant time
12 MR. POHL: I have not done that yet, but at
12 period.
13 some point, it becomes so improper I would reserve my
13 A I have done -- I have looked at a few stores
14 right to terminate and seek guidelines from the Court,
14 on my own to say, what are the compliance issues,
is but you can explore it to some extent.
is That is not a responsibility of mine or me
16 I trust you are not going to insist on going
16 to go out and do audits on our stores' function.
17 far and wide into other areas.
17 Q So you went and looked, what, from die
18 THE WITNESS: Most of my visits to the
18 standpoint of understanding if there might be
19 Sherwin-Williams stores was to purchase paints for my
19 regulatory problems and issues; is that correct?
20 own usage.
20 mr . POHL: same objection.
21 (Whereupon, laughter ensued.)
21 A I may have been looking for one particular
Page 78
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1 feature for compliance.
1 rules.
2 Q What action was taken in response to Mr.
2 : lam concerned that you did not fairly
3 Spitzer's recommendation that sales personnel be
3 identify these. And you go into areas where we were
4 educated to read and understand the label analysis?
4 not fairly given notice that this it was to he the
5 MR. POHL: Same objection, to the extent you
5 scope ofyour inquiry.
6 have knowledge.
6 I feel a little sandbagged. I have allowed
7 A Well, Mr. Spitzer's letter was sent to
7 the witness to give his personal knowledge, but I
8 regional direction -- directors, who would have the
8 emphasize that personal knowledge may not be such.
9 responsibility of setting up the programs for
9 And certainly the notice ana preparation was
10 education in their stores.
* 10 not such that this can be considered the statement of
11 Q Okay. So would it be the obligation of each
11 Sherwin-Williams.
12 of the regional directors to see to the implementation
12 There may be a lot more that could be said
13 of such an educational program in their region?
13 on these new subjects that you are injecting now into
14 MR. POHL: Let me amplify the objection. We
14 the scope of the deposition.
15 have gone repeatedly well far beyond the scope of the
15 Once again, m the spirit of cooperation, I
16 deposition notice.
16 will allow Mr. Cohagan to give you any personal
17 And, obviously, we have come in good faith
17 knowledge he may have, with the indication that the
18 to try to use the deposition notice as the rules
is record should reflect that this may not be the
19 contemplate to have a witness familiarize him or
19 definitive statement of the company reflected after
20 herself with the facts encompassed so that the company
20 die kind of investigation that the rule may require.
21 can make a response consistent with the intent of the
21 MR. SAMUEL: Thank you, counsel.
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Dwight A. Cohagan, 5-8-96___________ _____ Multi-PageTMWright v. Lead Industries
Page 80
Page 81
1 BY MR. SAMUEL:
1 answer be the same?
2 Q You may answer.
2 A Yes.
3 A I need the question repeated.
3 Q Who in the company could I notice for
4 Q I have forgotten.
4 deposition who would be able to give me that
MR. SAMUEL: can you go back?
5 information as to who would be knowledgeable?
6 (Whereupon, the record was read as
6 MR. POHL: Let me object to that. You are
7 requested.)
7 asking this witness to testify about the extent that
8 A That would be my understanding.
8 someone else might have knowledge.
9 Q Understanding that -- as your counselor has
9 I think it is improper in form. You can
to indicated, that you were not prepared for this line of
toanswer subject to the objection.
11 questioning when you came here today, who in Sherwin-
u A I don't understand the question.
12 Williams management would be a person who would be
12 Q Okay. Would records of education programs
13 knowledgeable as to the company's educational programs
13 for retail store employees be records that would be
14 for its retail sales personnel?
14 generated in the stores department or division?
15 MR. POHL: What year?
15 a Yes.
16 Q In 1971.
16 Q Who is the present chief executive of the
n mr . POHL: if you know.
17 stores division?
18 A I would not know who would have had that
18 a A person by the name of John Macatee.
19 responsibility in '71.
19 Qi And for what period of time has Mr. Macatee
20 Q And if I asked you that same question for
20 held that position?
21 each year starting in r72 through 1980, would your
21 A Approximately four years.
Page 82
1 Q And who was Mr. Macatee's predecessor in
1
2 that position?
2
3 A I don't recall at this time.
3
4 Q You indicated earlier, Mr. Cohagan, that
4
5 Sherwin-Williams sold its products under other brand
5
6 names to independent retail customers.
6
7 Do you recall that testimony? Am I quoting
7
8 it accurately?
8
9 A Yes.
9
10 Q Did Sherwin-Williams, through the stores
10
' t division, or otherwise, have any educational programs
u
for the employees of its independent retail customers
12
.3with regard to label analysis?
13
14 A I do not know.
14
15 MR. POHL: Just -- where in the notice of
15
16 deposition is that covered?
16
17 MR. SAMUEL: I am asking questions, counsel,
17
18 about documents that have been produced by Sherwin-
18
19 Williams.
19
20 MR. POHL: There is -- there is in item one
20
21 a reference to authentication of documents. I thought
21
Page 83 there was an understanding that that would be handled
separately. But that question didn't go to
authentication, nor did it fit into anything else. 1 guess your answer is, it is not covered in the
notice. MR. SAMUEL: if I told you that was the last
question, would you be quiet? MR. POHL: I Would. (Whereupon, laughter ensued.) MR. SAMUEL: Off the record. THE VIDEOGRAPHER: we are off the record in
the deposition of Dwight Cohagan. The time is 12:21. (Whereupon, a brief recess was taken *-
12:2:1 p.m.) (Whereupon, after recess--12:24 p.m.) MR. SAMUEL: Mark this as Deposition
Exhibit Number 8. (Whereupon, Cohagan Deposition Exhibit
Number 8 was marked for identification.) MR. SAMUEL: Back on the record.
Page 84
Page 85
1 BY MR. SAMUEL:
1 going to give the Court Reporter the whole thing?
2 Q I have handed you and the Court Reporter has
2 MR. SAMUEL: Yes.
3 marked as Cohagan Deposition Number 8 a document
3 MR. POHL: So we can go back and access it.
4 bearing the title. Label Manual, 1963, issued by the
4 MR. SAMUEL: if you want the whole thing -
5 Sherwin-Williams Company, and having Bates stamped
5
MR. POHL: we can make copies at the end.
6 numbers 0035-SWP-ooooioooi through 0000100084, and a
6
MR. SAMUEL: Okay.
7 separate document contained in the same packet of
7 mr . POHL: The point is, the witness only
8 material received from Sherwin-Williams but commencing 8 has the last six pages in front of him.
9 with the Bates stamp numbers 0035-SWP-o o o o io io 7
9 MR. SAMyEL: Right. Exactly.
10 through 112.
10 BY MR. SAMUEL:
11 And with the indulgence of counsel, I have
11 Q Are you ready?
12 distributed to other counsel a much abbreviated copy
12 A Yes.
13 of Exhibit 8 which consists, really, only of the first
13 Q In looking through documents furnished by
14 six pages of the label manual of 1963 and all of the
14 Sherwin-Williams, Mr. Cohagan, I understand another
is second enclosure beginning with Bates stamp numbers
15 one of that company's firsts that it acquired, in
16 000010107.
16 1876, its own printing facility,
17 I propose to ask the witness a few
n Did you kndw that?
' 8 questions restricted to the much shorter version of
18 Ail diet not know when they acquired one, no.
this document.
19 Q And at some point, the company, with
-o (Whereupon, documents tendered to witness.)
20 justification, I suppose, states that it developed
21 MR. POHL: Just for the record, are you
21 into a complete printing department one of the first
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Page 86
Page 87
1 in American industry.
1 Q That has been--okay. That has been the
2 Were you aware of that?
2 practice since 1968 when you had acquired first
3 A I am aware that, since I have been with the
3 personal knowledge?
4 company, we have had a printing operation that
4 a That is correct.
s printed ~ main function was pnnting labels for our
5 Q All right. Let me direct your attention to
6 products.
6 the sixth page, which bears the Bates stamp number
7 Q Where is that department located?
7 10006.
8 A The plant right now is in Fountain Inn,
8 Does this look like what you have in front
9 South Carolina.
9 of you?
10 Q It started its life in Cleveland, I
10 (Whereupon, document displayed to witness.)
11 suppose, as most of Sherwin-Williams operations did?
11 A Yes, it is.
12 MR. p o h l : object to the form.
12 Q Okay. I want to ask you to help me achieve
13 A Yes.
13 some understanding of this. It says up top there, for
14 Q And was it Sherwin-Williams' practice to
14 products with viscosity over A-l Gardner Tube, et
15 print its own product labels in the time frame between
15 cetera, would that be -- strike that. Was this
16 1950 and 1980 in its own printing department?
16 particular label developed to cover all products
17 MR. POHL: object to the form. Beyond the
17 meeting that definition?
18 scope of the notice.
is a Viscosity is one parameter that is used in
19 A I am aware of the requirements since 1968
19 determining the label caution.
20 when I came with the company, and that was to print
20 Q So to the experts at Sherwin-Williams, if
21 our own labels.
21 they had a viscosity -- if they had a product with a
Page 88
Page 89
1 viscosity over A-l Gardner Tube, et cetera, they would
1 A -- to come up with the one that would be
2 know to put that label on the product; is that
2 required for a product.
3 correct?
3 Q Would the other parameters be included in
4 MR. POHL: l am going to object to the form
4 that statement here?
5 so that it is not misleading.
5 MR. POHL: object to the form.
6 Are you saying, unless another label was
6 A Yes. One of them is, yes.
7 applied, or are you -- I am not sure what -- is your
7 Q Okay. If you will look inside the little
8 question as to -- that that is the only criteria for
8 rectangle portion there, the part inside the rectangle
9 applying that label?
9 is, in fact, the label itself, is it?
10 MR. SAMUEL: I am not sure, counsel. I am
10 A That's the label caution that is put onto a
11 asking for the witness' expert assistance here. I
11 label.
12 don't understand it.
12 MR. POHL: I am going to object to the
13 MR. POHL: object to the form of the
13 question and ask --1 don't suggest intentionally
14 question.
14 niisleading -- that unless -- I would request counsel
15 BY MR. SAMUEL:
15 to establish the foundation that we are dealing here
16 Q Would you be willing to educate me a little
16 with products as stated in your complaint, I think
17 bit?
17 that's supposed to have been some kind of lead paints
18 A For -- the viscosity is one parameter for
18 of coatings.
19 selecting a label caution. There are other parameters
19 So 1 think if you arejust going through the
20 that you need to use --
20 label manual dealing with labels that may are have
21 Q Okay.
21 gbne on other kinds of products, I think the record is
Page 90
Page 91
1 misleading, and I hope not intentionally misleading.
1 generally now?
2 MR. SAMUEL: I certainly hope not, and that
2 MR. SAMUEL: Yes.
3 is not my intention.
3 BY MR. SAMUEL:
4 BY MR. SAMUEL:
4 Q The label on any given product?
5 Q I have just one more question that I will
5 A Yes.
6 invoke. I see inside that rectangle is 1-A, paren,
6 Q Who in the company would make the decision
7 1-62, closed paren.
7 as to the text of a label, what should be incorporated
8 What does that mean?
8 in the label?
9 A The 1-A indicates the particular caution
9 A Currently, that is my function, what is
10 that is stated in the box. And 1-62 is the time that
10 incorporated in the label caution itself.
u it was written.
11 Q Going back to the time frame of, say, 1970
12 Q Okay. Would that -- that date, for example,
12 to 1980, whose function would it have been?
13 I take it that is January of 1962; is that--
13 MR. POHL: what kind of products?
14 A Yes.
14 Q Any kind of product. Any paint product.
15 Q Would thatbe the date that a particular
15 A Certainly during 1962, there was a label
16 product that would require the use of this label was
16 caution --
17 developed for -- for retail sale?
17 MR. POHL:'The question was'70 to'80. Was
18 A No.
18 that the time period you were asking about?
19 Q Did the label-- did the -- did the text of
19 BY MR. SAMUEL:
20 the labels change from time to time, over time?
20 Q Let me amend it. I will say 1962 to 1980.
21 MR. POHL: Are you talking about the labels
21 That happens to be the date of this.
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Dwight A. Cohagan, 5-8-96Multi-Page i ,____________________________
Wright v. Lead Industries
1 A There were label cautions that were in a
Page 92
1 12:38.
Page 93
2 book that directed people what is the proper one to
2 MR. SAMUEL: I will mark as Cohagan Exhibit
3 use.
3 9 a document which has been marked on its face
4 Q Who wrote the book in 1962, or who had
4 confidential, which is the Minutes of the Board of
responsibility for the book in 1962?
5 Operators 1,625th meeting on November 8,1954.
o A I believe it was -- it was in the technical
6 And consistent with my -- with my
7 department to pull this together.
7 stipulation to Sherwin-Williams* counsel while we were
8 Q The technical department being the
8 off the record, I propose to ask the witness only
9 department where new paints were formulated?
9 about one item, namely, the New York City Paint Law
10 Would that be accurate to say?
10 which is dealt with in Bates stamp number 0035-swp-
11 A Yes.
u 000013531 and running over to the top of 13532.
12 MR. SAMUEL: off the record.
12 And I will ask no further questions about
13 t h e viDEOGRAPHER: we are off the record in
13 this document.
14 the deposition of Dwight Cohagan. The time is 12:35.
14 mr . POHL: Do you have an extra copy of that
15 (Whereupon, discussion off the record.)
15 document?
16 (Whereupon, a brief recess was taken --
16 MR. SAMUEL: Yes.
17 12:35 p.m.)
17 MR. POHL: We have agreed this gets marked
18 (Whereupon, after recess - 12:38 p.m.)
18 and held confidential?
19 MR. SAMUEL-. Back on the record.
19 MR. SAMUEL: Right.
20 THE VIDEOGRAPHER: We are back on the record
20 MR. POHL: Insofar asit contains --
21 in the deposition of Dwight Cohagan. The time is
21 because it contains financial data and things like
Page 94
Page 95
1 that.
1 Q In 1954, who in the Sherwin-Williams
2 MR. SAMUEL: Off the record.
2 corporate hierarchy would have had the responsibility
3 (Whereupon, Cohagan Confidential Deposition
3 to see that labeling of Sherwin-Williams products on
4 Exhibit Number 9 was marked for identification.)
4 store shelves in New York City complied with this new
5 (Whereupon, discussion off the record.)
5 ordinance?
6 t h e v id e o g r a p h e r : off the record in the
6 MR. POHL: object. It is beyond the scope
7 deposition of Dwight Cohagan. The time is 12:40.
7 of the deposition notice. And it is beyond the bounds
8 (Whereupon, a brief recess was taken --
8 of relevance with respect to this case.
9 12:40 p.m.)
9 Please answer the question, if you know.
10 (Whereupon, after recess -- 12:41 p.m.)
10 A I don't know.
i MR. SAMUEL: Back on the record.
11 Q As of 1972 when you became involved in
t h e VIDEOGRAPHER: We are back on the record
12 regulatory affairs, who would have had that
j in the deposition of Dwight Cohagan. The time is
13 responsibility at that time?
14 12:41.
14 A There was -- our department would designate
15 BY MR. SAMUEL:
15 the wording. And the label specification department
16 Q Mr. Cohagan, have you had an opportunity to
16 would be responsible for incorporating into existing
17 look at that portion of the minutes which address
17 labels.
18 themselves to the New York -- to the New York City
18 Q Okay. And who would have the responsibility
19 Paint Law on the second and third pages of the
19 to see to it that the new labels that were in
20 document, sir?
20 compliance got on existing stock on shelves in 1972?
21 A Yes, I have.
21 MR. POHL: Are you talking about with regard
Page 96
Page 97
t to New York?
1 A In our stores, it would be our stores
2 MR. SAMUEL: Yes.
2 division would have the responsibility of
3 MR. POHL: I will continue my relevance
3 accomplishing the labeling --
4 objection and object to the form in that it assumes
4 Q Okay.
5 that that is with a -- are you talking about a new
5 A -- and on existing stock.
6 regulation that came in in '72, or are you talking
6 Q Would regulatory affairs and technical
7 about the New York one that went in in '54?
7 services give them directions how to accomplish this?
8 BY MR. SAMUEL:
8 MR. POHL: Same objection.
9 Q That is fair.
9 A Yes.
10 Let me withdraw that question and say,
10 Q And the labeling department would provide
11 hypothetically, Mr. Cohagan, assume that some city
11 then! with the labels to be put on existing stock?
12 were to adopt its own version of the New York City
12 MR. POHL: continuing objection.
13 Paint Law in 1972, and that that required some
13 A Yes.
14 response on the part of Sherwin-Williams in connection
14
MR. SAMUEL: I have no further questions on
15 with labeling of existing stock on shelves in that
15 Exhibit 9.
16 particular municipality. Excuse me.
16 And consistent with the arrangement with
17 Who within Sherwin-Williams would have had
17 counsel, I return it' to the Court Reporter, who will
' 8 the responsibility for compliance in 1972?
18 put it in an envelope to be marked as confidential.
MR. POHL: objection. Incomplete
19 (Whereupon, all counsel returned their
.j hypothetical. Beyond the scope of the notice.
20 confidential documents to counsel.)
21 You can answer.
21 (Whereupon, discussion off the record.)
Page 92 - Page 97
Evans Reporting Service
Wright v. Lead Industries_________ _________ Mul--ti-Q-TPaggTMDwig---hD"tW A. Cohagan, 5-8W-96
1 MR. SAMUEL: I will mark as Plaintiffs'
Page 98 1 0035-SWP-000010517.
Page 99
2 Cohagan Deposition Exhibit 10 a composite exhibit 3 consisting of correspondence between various 4 Sherwin-Williams officials all during the calendar 5 year 1971 and which said correspondence addresses
2 MR. POHL: And I will just indicate, once 3 again, this is something the plaintiff has lumped
4 together and decided to staple as a composite exhibit, 5 not --
6 itself to the subject of elimination of lead in-house
6 MR. SAMUEL: That is correct.
7 paints. s The Bates stamp numbers are -- 9 MR. POHL: can I get a copy? I am sorry, to just so I can follow the numbers. 11 MR. SAMUEL: Yes.
12 (Whereupon, documents tendered to counsel.) 13 BY MR. SAMUEL: 14 Q 0035-SWP-000010434.35.36.37. there is a 15 gap consequence and then 0035-SWP-oooo10459,60. gap
16 sequence then 0035-s w p-o o o o io 467, 68,69, gap sequence 17 0035-SWP-000010480,81, gap sequence, then 0035-SWP18 000010499. And that's out of sequence. There is 99 19 then 98, 500. And then there is an out of order 20 sequence and Bates stamp number 0035-SWP-o o o o io 393. 21 And the last page of the exhibit is Bates stamp number
7 MR. POHL: And I will reserve my objection 8 on that.
9 MR. SAMUEL: Did you get one? 10 THE WITNESS: NO.
11 (Whereupon, documents tendered to witness.) 12 (Whereupon, Cohagan Deposition Exhibit 13 Number 10 was marked tor identification.) 14 MR. SAMUEL: why don't we take a little
15 break and give Mr. Cohagan some time to wade through 16 these letters?
17 THE VIDEOGRAPHER: We are off the record in 18 deposition of Dwight Cohagan. The time is 19 approximately 12:50. 20 (Whereupon, a brief recess was taken -- 21 12:50 p.m.)
Page 100
Page 101
1 (Whereupon, after recess -- 1:02 p.m.)
1 either had the lead eliminated from them or, in the
2 MR. SAMUEL: Back on the record.
2 alternative, all such paint had been accurately
3 THE VIDEOGRAPHER: Okay. We are back on the
3 labeled as to the percentage of lead content?
4 record in the deposition of Dwight Cohagan. The time
4 MR. POHL: I am going to object to the form
5 is approximately 1:02.
5 of the question. A, because it is overbroad, doesn't
6 BY MR. SAMUEL:
6 distinguish between interior and exterior, and that it
7 Q Mr. Cohagan, do you have Plaintiffs' Exhibit
7 is misleading to the extent it attempts to summarize
8 10 in front of you, sir?
8 the facts with regard to Sherwin-Williams' elimination
9 A Yes.
9 of lead from paint or the contents of the documents.
10 Q Looking at the first page of that document
10 Subject to that, the witness can answer.
11 which appears to be a letter dated February 2, 1971,
11 A It seems like the intent is to have all
12 to a Mr. R.S. Taub from a Mr. J.J. Lenzotti?
12 paints below one percent or half a percent or -- by
13 A Yes.
13 January 1st of 1972, or for our interior paints, it
14 Q What was Mr. Lenzotti's title in 1971?
14 would be zero added lead by July 1st, 1972.
15 A He was within our research administration.
15 Any other paints that were manufactured that
16 He reported to the vice-president and technical
16 were not residential paints would be labeled.
17 director. Well, his exact title, I do not know.
17 Q Thank you.
18 Q Would it be accurate to say that, as the
18 I saw you referring to one of the documents
19 result of a program commenced m 1971, as traced in
19 in Exhibit 10. Would that have been the document
20 correspondence included in Exhibit 10 that, on January
20 dated November 10, 1971, from Mr. Lenzotti to G.E.
21 1, 19/2, all Sherwin-Williams residential paints had
21 Rost, R-o-s-t?
Page 102
Page 103
1 A I don't know who he is.
1 record, and I would object to that.
2 Q Okay. Well, let me just--
2 BY MR. SAMUEL:
3 A Yes, that is the document.
3 Q Did all Sherwin-Williams subsidiaries which
4 Q And was that goal met within the year 1971?
4 sold paint retail to the public meet the deadlines or
5 A '72.
5 goateset forth on January 1,1972 and January 1,
6 Q '72.
7 A I believe it was.
7 a To the best of my knowledge, these tasks
8 Q Did the 1971 lead-elimination project
8 were completed.
9 include Sherwin-Williams subsidiaries, such as
9 Q Okay. From 1968, when you joined the
10 Martins-Senour?
10 company, until 1980, did Sherwin-Williams ever sell
11 A Yes.
11 residential paints in bulk to other retailers for
12 MR. POHL: Let me object to this line of
12 rebranding, other than its own subsidiary companies?
13 questioning, to the extent that it is misleading.
13 MR. POHL: Just for clarification, what do
14 It could be maybe unfairly misleading that
14 you mean in bulk? You mean large quantities beyond
is references such as the questioner has used about the
15 just --
16 elimination of lead may be inconsistent or not comport
16 Q Large quantities.
17 with the definition given in the plaintiffs' amended
17 MR. POHL:' - beyond a gallon --
18 complaint with respect to the plaintiffs' use of lead,
18 Q With that qualification, do you understand
19 lead-based paints, lead pigments and so forth.
19 me, Mr. Cohagan?
20 There could be mixing of terms here, and it
20 MR. JOYNER: I object to the question.
21 could be ambiguous in the context of an evidentiary
21 A What was the time frame?
Evans Reporting Service
Page 98 - Page 103
Dwight A. Cohagan, 5-8-96Multi-PageTM ,Wright v. Lead Industries
Page 104
Page 105
1 Q '68 to 1980 was the time frame of the
1 MR. POHL; i will object to that in that it
2 question.
2 assumed that they were bulk sales today.
3 A I cannot recall a situation like that.
3 MR. SAMUEL: Yes. Right.
Q Who in the company today would have that
4 That's all I have, Mr. Cohagan. Thank
information?
5 you.
6 MR. p o h l : objection.
6 THE WITNESS; Thank you.
7 You can answer, if you know,
7 MR. POHL: we will reserve our right to have
s A I wouldn't know at this time.
8 the witness review and sign the transcript.
9 Q Would sales of paint in bulk to other
9 Thank you very much.
to entities such as, for example, the United States Navy,
10 THE v id e o g r ap h eR: We are off the record in
11 be within the purview of the stores division?
11 the deposition of Dwight Cohagan. The time is
12 A During what time period?
12 approximately 1:11. The deposition is concluded.
13 Q 1968 to 1980.
13 ! (Thereupon, at 1:11 p.m., the videotaped
14 A It has changed over a period of time as to
14 deposition was concluded.)
15 who would have that responsibility.
15
16 Q It goes beyond the notice of deposition, but
16
17 who -- what department in the company today would have 17
18 responsibility for bulk sales of paint?
18
19 A Under the Sherwin-Williams names, it would
19
20 be the stores division.
20
21 Q Okay.
21
1 State of Maryland 2 City of Baltimore
Page 106 1 2
INDEX Vidootape^g^jit^of Dwight A. Cohagan
3 I, Barbara J. Evans, a Notary Public of the
4 KT""'
T8
4 State of Maryland, City of Baltimore, do hereby 5 certify that the within-named witness personally
5 Cohagan ^ EXHIBITS
DESCRIPTION
PACE
6 appeared before me at the time and place herein set
^1
Notice to Take Deposition
13
7 out, and after having been first duly sworn by me, 8 according to law, was examined by counsel.
2 :
Document consisting of five BS3WW
9 I further certify that the examination was 10 recorded stenographically by me and this transcript is
1 4sfiswiwn^^
' < a true record of the proceedings. I further certify that I am not of counsel
.3 to any of the parties, nor an employee of counsel, nor
,,4 12 13 S 14
Document with Bates stamp
PLO 1460.61.42
3f
Collection ofdocuqri?}f.... furnished by Stierwin-Willunts
stamp SWp-tooogVtt?
14 related to any of the parties, nor in any way 15 interested in the outcome of the action.
Is 6
S&SsMBSGte*"*
16 As witness my hand and seal this 13th day of 17 May, 1996.
.7 nmsassafns
QQ35-SWP-OOOOIOW2. and
18
0035-SWP-OOOOOMTO and 3471
56
18
19 Barbara J. Evans
20 My Commission Expires 10-28-98
21
Page 107 ^
1 INDEX CONTINUED:
2 Q035-SWP-000003622 and 362.1, Second letter by Mr. Spttzcr,
\ moogaSSmia.
68
.8 5 6 _ 7 ,, 8
99 10 11 12 13 10 14
15
Document titled Label Manual,
1963, Sherwui-wmiains Company
Bates stampeddaV3*SWP000Olobot
through OOWIO0O84 and
document in tamepackst
of matmaMfrom Slierwin-
Williams, Bates stamped.
OQ35-Sw-C000101C7 toTu
83
fiBsaspawp^t^ped0035*SWP*OOOOl3530 to
(Scaled in envelope attached) 94
Doctyjients, including letter
wAS. t Ju &w b * aMr.. JJ. umrottL Bates stamped (rafswP-oooaiMM to JtT 0015-SW>OOOOJ(M59jo 460.
f&W?, IQiW, iSm. IMU
'
99
11 18 ^
.1
Document of a portion of lire. .
socoediijg? of tfic Raw Material
Forumojnhe 58th Annual, ,,
Convention of the National faint
Varnish and.Lacqyer Association
at Atlantic City. New Jersey, on
November 8, im_Bates stamped ..
0035*s w p-o o o o o 3397 to 3402
41
Page 108
1
2 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
WITNESS CERTIFICATION
Page 109
I, Dwight A. Cohagan, hereby certify that I have ilead the foregoing transcript of my deposition taken in the aforementioned case on May 8,1996.
I further certify that the transcript is a true and correct transcription of the deposition with the addition of the errata sheet, which is hereby made
a parti of the deposition.
Dated this
day of
, 1996.
DWIGHT A. COHAGAN
Page 104 - Page 109
Evans Reporting Service
Wright v. Lead Industries
'50s Pi 36:21 38:3 '54 [IJ 96:7 '68(21 59:18
`70 [l] 91:17 '71 HI 80:19 '72 (4j 80:21
102:5 102:6 '75 [ll 44:12 '76(11 44:12 '80(11 91:17 '82(1] 44:20
37:8 104:1 96:6
09(21 46:10 46:13
I [U] 13:12 13:14 50:20 100:1 100:5 100:21 103:5 103:5 105:12 105:13 107:6
1,625th [21 108:10
93:5
1-62(21 90:7 90:10
1-A[2] 90:6 90:9
10[io] 1:14 4:4 60:8 98:2 99:13 100:8 100:20 101:19 101:20 108:13
'84(11 44:21
10-28-98(1] 106:20
'89[1J 44:21
10006(1]
87:7
.035(31 53:1 53:3 53:20
10022-4690(1] 2:14
00(11 1:14
101(1] 3:10
000003421 (ll 60:4
000003470(11 56:6 000003485(2] 46:1
107:14
10130(2] 107:8
10393(11
10498(11
21:4
108:16 108:16
0000100084(2]
10499(1]
108:16
84:6 108:6
10500(1)
108:16
000010107(1] 84:16 10517(11
108:16
000010499(1] 98:18 11(131 41:14 41:17
000013531(1] 93:11
46:10 46:13 46:15
0035-SWP [4j 56:5 60:3 93:10 98:17
0035-SWP-000003397 (1] 108:21
47:1 49:16 105:13
111(1]
48:4 51:21 108:17
2:6
49:9 105:12
0035-SWP-000003409 112(2] 84:10 108:8
[2] 56:2 107:1 117(1] 3:13
0035-SWP-000003470 12(13] 83:13
[ll 107:18
83:16 92:14
0035-SWP-000003562 92:18 93:1 [21 67:17 108:3 94:9 94:10
0035-SWP-000003622 99:19 99:21 (21 67:11 108:2 1200(1] 2:9
0035-SWP-000010001 1255 (i]2:10
[2] 84:6 108:5 13[ii 107:6
83:15 92:17 94:7 94:14
0035-SWP-000010107 130(1] 24:7
[2]
84:9 108:8 13134(2]
21:4
0035-SWP-000010392 107:8
(31
56:4 61:16 13532(1)
93:11
107:17
13th in 106:16
0035-SWP-000010393 [il 98:20
14(2]
67:8
107:19
0035-SWP-000010434 1400(112:6
[21 98:14 108:1 1450 [il 3:7
0035-SWP-000010459 1460(2]34:20 107:12
[21 98:15 108:1: 4461 [2] 34:9 34:20
0035-SWP-000010467 1462(3134:10 34:11
HI 98:16
34:21
0035-SWP-000010480 [l] 98:17
0035-SWP-000010517 [i] 99:1
0035-SWP-000013530 [il 108:11
505021 (n 107:10
005036 m 34:11
005037(1] 34:11
02(2] 100:1 100:5
07 [t] 4:4
1462s (i) 14th [il 69:12 156(11 23:6 15th (1) 2:10 18[il 1:15 1876 [i] 85:16 1888 (l) 41:3 1909(1123:3 1911 [il 23:7 1923 [1)22:19
35:2
Evans Reporting Service
Multi-PageTM
1928(2116:5 1944[i]23:3 1946(2)40:21
39:9 108:20
1947(2116:6 27:18
1948(3133:17 35:15 36:7
1950 [) 20:2 20:9 38:11 38:21 43:7 86:16
1953(3j57:4 57:13 58:13
1954(3193:5 95:1 108:10
1955[3]57:17 58:15 59:11
1962 [] 10:14 90:13 91:15 91:20 92:4 92:5
1963 [5] 60:9 60:18 84:4 84:14 108:5
1964[2]57:20 58il7
1968(7)9:4 50:17 61:1 86:19 87.2 103:9 104:13
1969(1131:4
1970(3161:18 62:14 91:11
1971 [25]
47:6
47:11 47:17 48:4
50:4 51:21 55:7
67:8 68:20 69:12
71:14 72:6 72:10
72:13 72:16 80:16
98:5 100:11 100:14
100:19 101:20 102:4
102:8 107:19 108:13
1972[i6i
10:3
10:9 10:15 10:21
11:8 38:7 63:3
75:12 95:11 95:20
96:13 96:18 100:21
101:13 101:14 103:5
1973(1] 103:6
1975(1)11:2
1979(4)7:8 12:2 12:13 13:9
1980(17]
38:11
39:1 39:9 43:7
62:18 63:10 65:4
66:8 66:12 66:18
80:21 86:16 91:12
91:20 103:10 104:1
104:13
1996(611:13 4:3 106:17 107:2 109:5 109:12
19th (l) 3:3
1st [2] 101:13 101:14
2(141 21:2 22:2 22:6 25:8 25:10 54:5 69:11 100:11 107:7
21:6 22:7 27:2 72:18 108:13
2,000 [il
64:1
20 (4j 16:18 46: i 5 47:1 63:17
20005(1)
2:10
20005-2088(1] 3:8
20th [1] 26:4
21(51 33:18 72:16 83:13 83:15 107:9
210(1] 2:16
21201(1]
3:17
21202(5]
2:3 2:6 3:14
1:16 3:4
21204(1]
2:17
21234[i]
1:20
22(21 22:19 107:10
222(1] 2:19
2310(1] 3:19
24(3] 49:9 49:16 83:16
2422[i| 1:19
25 [l] 107:9
256-8410(11 1:21
25th [i] 40:4
26 [ij 64:5
27(i) 61:18
28{i) 107:10
3 [61 22:8 28:2 28:4 28:16 34:11 107:10
300(4] 1:15 2:3 3:3 4:6
33 (U 107:12
34(1] 24:8
3402(1) 108:21
3426(2)56:2 .107:17
3471(2)56:6 107:18
35(6] 21:4 24:8 92:14 92:17 98:14
107:8
35-SWP[i] 24:3
36(4] 21:4 24:8 98:14 107:8
3623(2167:11 108:2
37(21 98:14 108:15
38(5] 21:4 24:8 92:18 93:1 107:9
39(6] 24:8 24:19 25:2 107:9
24:17 25:3
399(11 2:13
4 [4] 33:6 33:9 33:17 107:11
40(4] 8:2 8:19 94:7 94:9
401(1) 3:16
41 [31 94:10 94:14 108:21
410(1] 1:20
44115.(1]
3:11
44129(1]
6:21
46(1] 107:14
460(11 108:15
467(1] 108:16
469(1] 108:16
480(i] 108:16
'50 - ar.<ir<linp
481(1] 108:16
5 (6) 45:20 46:3
47:5 48:3 107:4 107:13
5-A[ll 48:20
50(5] 8:2 8:3 8:19 99:19 99:21
500(1) 98:19
540(1] 108:11
55402(1)
2:20
5585(116:21
56(U 107:18
58th (21 40:19 108:18
6(3] 55:21 56:8 107:15
60(1] 98:15
60603 [ll
3:20
61 [l] 107:12
62(1] 107:12
63 [21 67:18 108:3
68(2] 98:16 108:3
69(1] 98:16
7(41 23:6 67:3 68:12 107:19
8(16] 1:13 23:6 40:21 47:11 83:18 84:3 84:13 107:2 108:4 108:20 109:5
4:3 47:6 83:20 93:5 108:10
800(1] 1:21
81(3] 16:4 39:11 98:17
83(11" 108:8
882-0208 [1] 1.20
9(5) 1:8 93:3 94:4 97:15 108:9
94(1] 108:12
94363042/(i] 1:3
94363042/CL190487 [ll 4:10
94363043/(u 1:5
94363043/CL190488 [il 4:10
98(11 98:19
99(2) 98:18 108:16
A-l [21 87:14 88:1
AJ[ii 61:17
a.m[4] 1:14 4:4 46:13 46:15
abbreviated [i] 84:12
able [6] 16:14 30:2 36:18 57:17 72:21 81:4
above (3) 23:7 70:7
1:12
accept [3]
36:15
37:19 51:10
access [11
85:3
accomplish [i] 97:7
accomplishing^)
97:3
according [2] 16:18
Index Page 1
accurate - Century
106:8
accurate [3] 35:18 92:10 100:18
accurately pi 82:8 101:2
.chievepj
87:12
ACME ii 29:6 29:6 30:11 30:12 107:10
29:5 30:9 30:19
acquired^] 85:18 87:2
85:15
action [2] 106:15
78:2
active [i|
73:8
activities pi 23:2 27:14
add [3] 51:13 52:19 52:21
added[i3] 23:7 51:2 51:12 51:13 52:13 53:20 54:11 55:7
12:14 51:4 52:5 54:7 101:14
Addendum [i] 33:18
addition m 109:9
additional [3] 12:14 29:4 52:19
address [2] 94:17
6:7
addressedp] 71:15
addressee pi 67:15
ddresses [ij 98:5
.dequatelyii] 6:12
adhesives pj 74:9
administration (ij 100:15
admissions [ij 14:1
adopt [3]
49:21
57:11 96:12
advertising (i] 20:21
affairs [sj 10:8 10:14 75:11 77:9 97:6
10:7 63:3 95:12
affect [2] 73:4
12:21
affiliated [i] 68:19
aforementioned [i] 109:5
again [i2] 27:1 29:8 32:18 34:16 56:12 62:7 79:15 99:3
11:17 32:11 53:10 74:7
agent [i]
53:1
agO[3] 18:10 18:17 32:4
agree pj 26:3 26:3
agreed [i]
93:17
1 p] 4:8 4:9
vlicepi 5:5
2:5
all-purpose [i] 69:20
allegation pj 75:19
Index Page 2
76:4
Allen pj 4:8
1:4
allowp] 79:16
31:16
allowed [i] 79:6
alluded [i]
70:17
alternate [i] 59:8
alternates [i] 59:5
alternative [i] 101:2
alternatives [i] 55:10
ALVIN pi
1:1
always [i]
44:17
ambiguous [i] 102:21
amend [i]
91:20
amended pi 13:16 36:18 102:17
amendment pi 36:16
American pj 40:7 57:4 57:13 58:3 58:8 86:1
40:6 57:7 58:4
amplify [i] 78:14
analysis [3] 73:13 78:4 82:13
ancient [i]
26:2
Andrews [i] 3:2
Angelos pi 2:2 4:5
1:14
Anniversary [ij 40:4
annual pi
19:3
40:19 108:18
answerp7] 16:18 17:19 26:21 29:14
36:19 39:4 43:14 53:11 57:18 62:21 71:18 76:11 80:2 81:1 83:5 95:9 101:10 104:7
16:14 21:19 30:2
39:10 53:18 71:7 77:2 81:10 96:21
answering [i] 14:6
answers pi 13:21
apart [i] 68:9
appear (4)
27:2
27:7 35:10 35:16
APPEARANCES pi 2:1 3:1
appeared [i] 106:6
applied [1]
88:7
apply [i]
13:2
applying [ij 88:9
appreciate [i] 17:14
April [i]
60:8
archive [ii
18:13
ARCOpi
4:21
area pj 26:9 39:6 53:8
areas [6] 12:18 61:13 70:14 73:3 76:17 79:3
arguably [t] 24:14
Multi-Page TM
Arnold [i]
2:13
arrangement pi 97:16
artpi 51:15
articulated pi 6:11
aside pi 15:11
ASLA [i]
57:9
assembled [i] 48:14
assist [1]
14:2
assistance [i] 88: H
ASSOC pj 1:6
1:2
associated pi 61:3
association [27] 2:7
2:11 4:9 16:8 18:18 20:13 39:8 39:14 39:16 40:6 40:8 40:11 40:20 41:2 42:1 42:8 44:6 44:17 47:7 57:3 57:4 57:8 57:14 58:3 58:4 58:8 108:19
associations pi 39:20 42:6
assume pi
8:18
25:3 96:11
assumed pi 105:2
assumes pi 7l:l 75:4 96:4
assure [i]
7:11
Atlantic pj 2:14 40:21 108:20
attached pj 108:12
69:1
attempt [1]
68:10
attempts pi 101:7
attendance [i]
attention pi 48:2 50:19 61:14 72:15
20:7
47:3 59:1 87:5
audits [i]
77:16
authentication pj 82:21 83:4
authored [i] 67:13
authors [i]
11:18
auxiliaries pi 22:20
available pi 75:1
Avenue pi
2:13
2:16 3:10
average pi
74:13
aware [12] 27:21 32:6 32:15 32:18 33:3 58:21 86:3 86:19
18:8 32:11 32:21 86:2
B [4] 47:18 47:21 47:21 68:3
B-u-1-1 [i]
48:7
Bachelor [i] 9:7
background pi 9:5 49:3 65:17
Ballard [i]
3:2
Baltimore [17] 1:2 1:2 1:15 1:20
Wright v. Lead Industries
2:3 3:14
8:9 30:20 106:4
2:6 3:17 8:11 64:6
3:4
4:6 8:12 106:2
banker [t]
15:1
Barbara pj
1:16
4:11 106:3 106:19
Barrett pi
3:19
Barton pi
2:5
based pj 64:3
12:10
bases p]
53:5
Bates [34]
21:3
22:4 23:20 34:8
34:16 46:1 56:2
56:3 56:5 59:2
60:3 61:15 67:10
67:17 84:5 84:9
84:15 87:6 93:10
98:8 98:20 98:21
107:8 107:10 107:11
107:14 107:16 107:21
108:3 108:5 108:7
108:10 108:14 108:20
Bauer pi 5:2
2:17
bearing pi
21:3
45:21 56:3 56:5
61:15 67:10 84:4
107:8 107:14
bears [6] 23:1 33:15 34:8 87:6
23:4 67:17
became pi 11:2 11:4
16:5 27:16 95:11
10:6 12:7 63:2
become pj
11:17
45:2 45:11
becomes pi 76:13
began pi 44:12
36:3
begin pi
42:12
beginning pi 10:14 84:15
73:9
93:4 108:9
book PI 92:2 92:5
books pi 15:3
bought [t]
bounds [i]
box [t] 90:10
boxes [i]
branch [i]
branches [4j 69:21 73:4
brand pi 82:5
break pj 68:3 99:15
brief pj 20:21 46:12 83:14 94:8 99:20
broad pi 64:17
Brothers pj 31:21
bulk [S] 103:11 104:9 104:18
Bull [4] 48:6 50:6 51:21
Bulletin pj
Bureau p]
business pi 65:4
Buxbaumpi 5:1 5:1
buy pj 74:14
Cp] 67:10 calendarpj
calls [l] 77:11
Calvert [ij
cannot pi
capacity pj
capital [i]
92:4
14:19
32:4 95:7
15:1 63:16 69:16 73:6 66:15
46:11
23:1 92:16
64:13
31:2
103:14 105:2 48:7
33:18 40:5 64:21
2:15
98:4
2:6 104:3 8:1 73:10
behalf p7] 2:7 2:11 2:17 2:20 3:8 3:11 3:17 3:20 5:5 5:7 53:13
belief pi
below pi
best [2] 70:4
between pi 38:21 39:9 86:15 98:3
beyond p] 52:15 54:2 62:20 71:4 76:8 78:15 95:6 95:7 103:14 103:17
bicycles p]
bigpj 70:10
2:4 2:14 3:4 3:14 5:3 5:9
15:10
101:12
103:7 8:2 44:20 101:6
41:7 59:14 76:7 86:17 96:20 104:16
70:1
captioned [i]
Carolina pi
carried pi
carry pj 73:7
carrying p i
case [14] 1:3 1:13 4:9 14:11 14:21 31:15 37:14 76:7 95:8
cases p] 8:4
category [i]
caulking [i]
caution [] 88:19 89:10 91:10 91:16
cautions p] 12:6 92:1
ceased p] 38:4
1:13 86:9 73:6
75:4 1:5 14:8 31:9 75:19 109:5 8:8 39:20 74:8 87:19 90:9
10:17
16:5
bit pi 26:2 88:17 Century p] 26:5
Evans Reporting Service
Wright v. Lead Industries
certain pi 61:13 73:14
certainly [] 26:12 54:19 56:18 76:8 90:2 91:15
39:19
20:7 55:11 79:9
109:1
certify pi
106:5
106:9' 106:12 109:3
109:7
cetera [3]
70:2
87:15 88:1
Chameleon pi 23:6
change (4]
46:6
57:12 58:9 90:20
changed [2] 104:14
57:17
changes pi 12:17
characterization pi 50:1
characterize [i] 42:3
charge [2] 72:12
10:8
charged in 72:5
Charles pi 3:2 3:16 60:10
chemist pi 10:6
9:13
chemistry pi 9:8
chemists pi 11:9
Chicago pi 3:20
chief pi 81:16
Church pi
3:13
CIRCUIT pi 1:1
circumstances p] 75:15
cities [i]
13:6
city [131 1:2 30:20 40:21 93:9 94:18 96:11 96:12 106:4 108:20
8:9 64:6 95:4 106:2
CL190487 pi 1:3
CL190488 pi 1:5
claiming p] 8:5
clarification [i] 103:13
clarify [4]
19:15
22:13 36:10 37:12
classes Pi
47:16
cleaning pi 55:1
clear [5J 8:10 17:5
17:6 23:9 65:12
Cleveland [5] 3:11
9:17 33:16 72:11 86:10
clients pi
13:21
closed [7] 39:15 47:9 54:8 55:8
33:19 51:2 90:7
coating [21 74:7
55:19
coatings [i2] 9:14 39:16 44:5 44:17
48:6 50:12 54:19 67:9 69:14 74:5
89:18 107:20
Cockeyville pj 38:15
COGAHAN [i]
1:9
Cohagan(73]
4:7 5:14 6:20 7:16 13:19 16:2 21:2 21:5 25:9 25:12
28:1 28:3 30:2 33:7 35:9 36:18
41:16 41:19 46:2 46:21 49:8 49:15 50:20 53:18 56:7 57:1 60:3 61:15 67:4 68:11 79:16 82:4 83:19 84:3 92:14 92:21
94:3 94:7 94:16 96:11 99:12 99:15 100:4 100:7
105:4 105:11 107:5 109:3
1:12 5:20 13:13 17:17 21:10 26:21 28:15 33:8 39:9 45:19 47:3 50:4 55:20 59:1 62:12 74:1
83:13 85:14 93:2 94:13 98:2 99:18 103:19 107:2 109:16
collection pi 14:7 45:20 55:21 107:13 107:15
college [i]
9:10
comfortable p]48:19
coming pi
14: u
14:15 41:19
commenced [l] 100:19
commencing pi 1:13 11:8 84:8
comments pi 71:6
commercial pi 64:19
Commission pi
106:20
committee [i4] 19:5
19:11 20:4 44:11 45:12
58:7
19:13 20:18 44:14 45:13
19:20 20:21 44:18 45:14
43:16 43:18
commonly [ii
companies [sj 31:8 32:12 103:12
company pj] 2:20 3:10 7:18 9:12 16:17 28:21 32:4 32:5 32:20 35:13 35:17 36:4 38:9 39:19 59:9 59:11 60:11 60:18 65:10 65:14 74:2 75:10 79:19 81:3
51:17
29:4 42:9
2:17 7:2 10:4 31:2 32:17 35:13 36:8 50:3 59:17 65:7 68:21 78:20 84:5
Evans Reporting Service
Multi-PageTM
85:19 86:4 86:20 91:6 103:10 104:4
104:17 108:5
company's [S] 14:2 23:2 39:7 80:13 85:15
compilation [i] 62:8
complaint [2] 89:16 102:18
complaints [i) 8:5
complete [4] 24:14 33:19 54:7 85:21
completedpi 103:8
completion [i] 45:15
compliance p] 7:4 7:12 12:7 77:5 77:14 78:1 95:20 96:18
complied pi 95:4
comply [2] 70:4
7:14
comport p) 102:16
composite [7] 22:17 23:10 23:11 24:15 48:11 98:2 99:4
composition [i] 52:7
compositions [i] 70:3
compounds [i] 74:8
comprising pi 22:21
concern p] 73:3
concerned [2] 58.-2 79:2
concerning pi 16:16 41:21
concerns pi 71:15
concluded [2] 105.-12 105:14
confidential pi 1:8 93:4 93:18 94:3 97:18 97:20 108:9
Congress pi 13:3
connection pi 32:12 77:4 77:8 96:14
consequence p) 98:15
55:16
considered [i] 79:10
consistent [3] 78:21 93:6 97:16
consisting [6] 13:21 21:3 22:17 67:7 98:3 107:7
consists pi 84:13
60:7
consolidated [i] 12:4
constituted pi 47:11
contain pi
69:16
contained pj 71:11 84:7
contains pi 93:20
93:21
contamination [i] 70:9
contemplate [i] 78:19
contentpj
ioi:3
contents p] 101:9
context [4] 48:16 51:18 52:2 102:21
continue pi 27:10
31:16 31:19 71:17 96:3
continued p i 3:1 36:7 108:1
continuing [4] 31:5 31:13 60:13 97:12
contract [ii 35:12
convenient [i] 48:12
Convention (2) 40:19 108:19
Coolidge [2] 59:9 59:17
Coolidge'sp] 59:10
cooperation pi 53.10 79:15
cooperative [ii 26:12
coordination pj 12:5
copep] 73:1
copies PI
copy pi 21:7 24:20 33:21 84:12 93:14
85:5
24:18 62:2 98:9
Corp [l] 3:20
corporate [u] 8:20 18:12 29:12 29:12 43:11 43:15 95:2
7:17 26:16 29:17 68:21
corporation [7] 5:10
10:11 31:1 32:3 53:14 68:17 72:4
corporations pj 28:19
correct [t4]
18:1 20:10 37:2 37:10 54:4 59:21 87:4 88:3 109:8
13:10 30:10 38:6 77:19 99:6
correspondence [3] 98:3 98:5 100:20
corrosion pi 55:3
counsel pi] 4:14
14:2 14:20 15:6
15:7 15:12 18:15 18:17 22:9 25:6 28:8 34:4 37:12 42:20 48:18 62:3 68:2 , 79:21 82:17 84:11 84:12 88:10 89:14 93:7 97:17 97:19 97:20 98:12 106:8 106:12 106:13
counsel's [<] 17:14
36:15 37:19 49:21 57:11 65:18
certain - definition
counselor [i] 80:9
country [3] 63:19 63:21 64:2
COUple (21 56:21
23:18
course [2] 70:10
31:7
Court p] 4:11 21:1 84:2 85:1
1:1 76:14 97:17
cover [i]
87:16
covered pi 83:5
82:16
creation pi criteria pi
10:9 88:8
Crowley [ii 3:19
Cullen [4] 5:3 5:3
3:15 53:15
current pi 12:14
7:9
cursory pi
26:3
customers [5] 7:14 10:17 75:1 82:6 82:12
D.C[2J 2:10 3:8
DALE pj
3:9
data pi 10:16 11:14 14:7 45:3 45:8 93:21
11:10 44:7 45:16
date [7i 23:7 33:17 51:3 76:3 90:12 90:15 91:21
dated pi] 48:4 * 61:18
69:11 72:16 101:20 107:19 109:12
47:5 67:8 100:11 108:13
dates pi 39:17 42:13
Dep] 3:4
deadlines pi 103:4
dealing pi 89:20
89:15
dealings pi 63:11
63:3
dealt pi 93:10
December [4] 23:5 23:8 47:6 47:11
decided pi 99:4
decision [i] 91:6
dedicated pi 61:10
DEEMED pi 1:8
defendant [i5] 2:7 2:11 2:14 2:17 2:20 3:4 - 3:8 3:11 3:14 3:17 3:20 4:18 4:20 5:1 6:17
defendants [4] 1:3 1:7 6:18 23:21
define pi
51:4
51:7 73:16
Definitely pi 12:16
definition [3] 51:12 87:17 102:17
Index Page 3
definitive - first
definitive [i] 79:19
delay (i]
30:5
department (27) 10:7
10:9 10:14 11:3 '2:4 12:5 14:5 j 8:11 33:16 43:11 50:13 50:15 50:16 68:19 72:4 72:7 81:14 85:21 86:7 86:16 92:7 92:8 92:9 95:14 95:15 97:10 104:17
departments (i) 43:15
deposition p] 1:8
1:9 1:11 4:7 4:13 6:12 7:17 7:21 8:19 13:11 13:12 13:13 14:15 14:18 21:2 21:5 25:9 26:10 26:15 28:2 28:3 28:16
29:10 33:7 33:8 36:12 39:7 41:16 45:20 46:2 46:21 47:5 49:6 49:8 49:15 53:9 55:21 56:7 59:14 60:14 62:20 66:4 67:4 68:11 71:5 73:20 75:3 76:8 78:16 78:18 79:14 81:4 82:16 83:13 83:17 83:19 84:3 92:14 92:21 94:3 94:7 94:13 95:7 98:2 *9:12 99:18 100:4 104:16 105:11 105:12 105:14 107:2 107:6 109:4 109:8 109:10
describe [i] 18:16
described [2] 33:18 35:3
describing [i] 33:14
description (2) 35:18 107:5
Deshler(i) 33:2
designate pi 21:14 95:14
designated [2] 26:16 44:8
designee [2] 8:20
7:17
determining pj 87:19
developed [S] 32:6 59:6 85:20 87:16 90:17
development [2] 9:14 55:17
developments pj 55:12 55:12
different p] 7:7 34:16 34:16 40:11 55:4 73:7 74:20
ifficultp] 54:9 54:10 73:11
digits [1)
62:1
direct (121
12:5
15:5 32:15 32:18
Index Page 4
32:21 47:3 50:19 59:1 72:15 87:5
48:2 61:14
directed (4) 19:16 47:8 57:1 92:2
directing [i] 76:10
direction pi 78:8
directions pi 45:15 97:7
directive [i] 36:1
directly (l]
14-.6
director [ii]
12:7 12:8 50:10 50:11 67:9 69:7 107:20
7:4
48:5 61:3 100:17
directors pj 78:8 78:12
directory [l] 64:4
disciplinep) 43:17
discontinued p] 37:1
discovery [4] 13:20 14:3 14:10 26:19
discrete p] 39:13
discussion (8) 21:16 28:12 46:14 49:10 62:5 92:15 94:5 97:21
displayed p) 87:10
distinguish p) 101:6
distributed [i] 84:12
division (io)
72:8 72:9 81:14 81:17 97:2 104:11
64:18
72:13 82:11 104:20
document (57) 15:8 21:2 22:4 22:10 22:16 22:21 23:4 25:3 25:6 25:18 27:7 28:8 28:10 29:19 33:11 33:12 35:9 40:3 46:4 47:5 47:8 48:20 51:8 54:6 56:3 56:4 56:19 57:1 59:4 60:6 60:7 62:3 67:5 67:13 67:15 67:16 72:16 72:18 84:3 84:7 84:19 87:10 93:3 93:13 93:15 94:20 100:10 101:19 102:3 107:7 107:10 107:11 107:19 108:4 108:6 108:9 108:17
documents pi] 14:14
14:17 14:19 15:2 15:3 15:7 15:17 16:16 18:12 21:11 21:21 22:15 22:18 23:14 23:19 24:1 27:11 27:13 34:4 39:20 39:21 41:20 42:10 45:21 48:14 55:21 67:21 70:15 71:2 82:18 82:21 84:20 85:13 97:20 98:12 99:11 101:9
Multi-PageTM
101:18 107:13 107:15 108:13
doesn't (3)
24:18
64:7 101:5
done [2) 76:12 77:13
down [3] 43:4 68:3
24:12
dried [1)53:2
drying Pi
52:21
dues (i) 18:20
duly [2] 5:15 106:7
Dupont P)
3:4
durable p)
54:21
during []
26:4
38:11 39:9 43:7
71:8 77:6 91:15
98:4 104:12
duties [8] 7:11 8:21 11:7 12:14 77:9
7:9 10:13 77:4
Dwight [19] 1:11 4:7
6:20 46:21 49:15 83:13
92:21 94:7 99:18 100:4 107:2 109:3
1:9 5:14
49:8 92:14
94:13 105:11 109:16
E.I[i] 3:4
earliest [3] 20:9 40:3
20:1
easier (4)
24:3
49:5 68:4 68:8
East [4] 1:15 2:3 3:3 4:6
Edition p) 40:4
educate p) 88:16
69:17
educated p i 78:4
73:12
education [6] 40:5 52:8 70:19 71:14 78:10 81:12
educational pj 9:5 70:13 70:16 78:13 80:13 82:11
Edward p) 3:12 5:1
2:15
Eislandpj 4:20 4:20
2:12
either pi
40:18
44:10 73:6 101:1
eliminate [3] 54:10 55:7 55:13
eliminated pi 101:1
elimination [S] 51:2 54:7 98:6 101:8 102:16
Ellen (l)
1:7
Ellis p) 2:9
elsewhere p) 8:15
emphasize [i] 79:8
employed p) 7:1 16:19
employecp] 106:13
Wrifllit v. Lead Industries
employees (9) 65:9
65:10 70:17 70:19 71:14 72:1 72:6 81:13 82:12
84:13
97:15 98:21 100:7
93:2 94:4
98:2 98:2 99:4 99:12 100:20 101:19
enamel p]
69:20 EXHIBITS pi 107:5
enclosure pi 84:15 exist p) 55:6
encompass [i] 42: n
encompassed p) 19:19 78:20
end [i] 85:5
ensued pi 83:10
76:21
existing p] 95:16 95:20 97:5 97:11
expert pi
experts p]
Expires Pi
70:11 96:15
88:11 87:20 106:20
entire p)
23:20
entirely pi 6:3
entities [i]
104:10
envelope p) 97:18 108:12
environment [i] 54:20
equivalence p] 55:18
errata [i]
109:9
ESQUIRE [i2] 2:2 2:5 2:8 2:12 2:15 2:18 3:2 3:6 3:9 3:12 3:15 3:18
essentially [3] 7:7 61:6 74:12
explore p] 76:15
exposed [l]
extant p)
extent po] 59:13 66:3 76:15 77:10 81:7 101:7
exterior [6] 54:8 54:11 55:2 101:6
extra [3] 24:20 93:14
extremely pi
extremes p]
Fpj 3:12
26:18
54:19 42: is 31:14 73:21 78:5 102:13 37:16 54:19
28:5
73:11 54:20
establish)!] 89:15 face [2] 51:1 93:3
established pi 27:8 49:18
et[S) 4:8 4:9 70:2 87:14 88:1
et.al[4] 1:1 1:4 1:6
1:3
euphemism [i] 16:7
Evans p]
1:16
1:19 4:11 4:11
106:3 106:19
evidentiary [i] 102:21
exact [2)68:18 100:17
Exactly [1] 85:9
examination p] 5:18 106:9 107:3
examined p] 5:17 15:13 106:8
example [9] 11:13 42:12 48:20 52:8 52:15 52:21 69:19 90:12 104:10
Excuse [3] 15:21 21:15 96:16
executive pi 19:4 72:12 81:16
exhibit [4<] 13:12 13:13 21:5 22:2 22:17 22:21 25:9 27:2 28:3 28:16 33:8 41:12 45:20 46:2 48:3 48:11 55:21 56:7 67:3 67:7 68:11 83:18
1:8 21:2 22:6 25:8 28:2 33:6 41:16 47:5 48:20 61:20 68:1 83:19
facilities pi 30:17
facilityp] 85:16
factp] 62:17 70:18 89:9
factory (i]
74:7
facts p] 78:20 101:8
fair(4) 8:18 31:18 63:19 96:9
fairly [4]
29:10
73:19 79:2 79:4
fairness pi 21:10
faith [l] 78:17
familiar p] 16:9 16:15 63:15
familiarize [i] 78:19
far [6] 41:5 52:11 76:8 78:15
43:9 76:17
fashion pj 56:14
feature [i] 78: l
February pj 61:18 100:11 108:13
feesp] 18:20
few [3] 60:2 77:13 84:17
filed [2] 13:20 14:10
filrnp] 53:2
financial pi 93:21
finep] 24:16 67:10 68:15 68:16 68:16 69:11 107:21
finishes [2] 69:15 74:6
first [19] 3:19 5:15 9:2 9:12 22:18
Evans Reporting Service
T
Wright v. Lead Industries
28:20 47:4 56:21 84:13 100:10
34:8 51:11 60:20 85:21 106:7
34:20 54:6 71:1 87:2
firsts [1)85:15
fitp) 83:4
five [2j 21:3 107:7
Floor [2] 3:3
1:15
follow [1]
98:10
following (u 35:14
follows [2] 59:7
5:17
foregoing [i] 109:4
forgotten m 80:4
form [29] 17:2 19:14 35:21 36:10
38:18 39:2 43:13 45:4 52:16 53:6 57:5 62:19 65:20 70:20 86:12 86:17
88:13 89:5 101:4
16:11 27:6 37:11
40:13 51:6 55:9 64:16 81:9 88:4
96:4
formal [ii
71:13
formula [2] 73:1
70:3
formulated [i] 92:9
forth (2) 102:19 103:5
Forty [ij
8:3
Forum [2] 108:18
40:19
foundation [S] 27:5 27:8 40:14 75:3 89:15
Fountain [i] 86:8
four[4] 9:20 15:1 62:1 81:21
88:1
general [3]
33:15
56:21 72:19
generally (2) 74:4 91:1
generated]!] 81:14
genesis [i] 41:2
gentleman [i] 59:21
given [3]
79:4
91:4 102:17
gladlyp]
31:12
glanced [t] 25:19
Glidden [2] 5:8
2:20
goal[l] 102:4
goals [l] 103:5
goes [3] 41:5 59:14 104:16
gone [2] 78:15 89:21
good [4] 4:2 5:20 64:21 78:17
government [7] 7:12 7:14 10:18 12:17 12:19 12:20 12:21
great [2] 63:18 64:1
groundsill 27:6
group [2]' 30:12
30:7
guess [2] 83:5
62:8
guidance [i] 17:15
guidelines [i] 76:14
guypj 74:13
H.E[4] 48:5 67:9 72:17 107:20
Haik[t) 2:19
half[i] 101:12
hand(i] 106:16
handed pi
84:2
frame [io] 42:10 43:7 57:17 66:5 91:11 103:21
front [4j 35:9 87:8 100:8
full [1] 6:7
Fuller [2] 35:17
function [4] 86:5 91:9
furnished[i2] 19:7 19:21 20:18 22:15 25:16 40:3 85:13 107:13
G[4]
3:7
1:14 3:15
19:19 47:17 86:15 104:1 85:8
35:13
77:16 91:12 18:17 20:13 23:14 45:21
2:2
handled [i] 83:1
happy [4]
6:5
24:4 48:21 66:7
Hardware [2] 3:17 5:4
HARDY [i] 2:8
hazardous [2] 45:3 45:6
headquarters [i] 72:10
health [2] 58:6
45:14
heard [i]
40:7
held [3] 60:8 81:20
93:18
Hellerp]
1:7
help[i] 87:12
G.E[i] 101:20 gallon [2]
103:17
gap [5] 22:4 98:15 98:16
garage [i]
Gardner [2]
74:14
98:15 98:17 74:15 87:14
hereby pi 109:3 109:9
herein [2] 106:6
herself [ij
hierarchy [i]
hired [i)9:2
106:4
5:15
78:20 95:2
Evans Reporting Service
Multi-PageTM
HIRSCH(i) 3:2
histoiyiS] 22:20 23:1 29:12
22:12 26:2
hold[2) 12:11 44:13
home pi
69:18
hope [3] 6:6 90:2
90:1
hopelessly [i] 75:5
Houff(2) 3:13
3:12
hyphen [3]
69:21
70:9 73:7
hypothetical [2] 53:16 96:20
hypothetically [i] 96:11
identification [12] 13:14 21:6 25:10
28:4 33:9 41:17 46:3 56:8 68:12 83:20 94:4 99il3
identified [7] 25:2 26:9 26:14 29:10 53:8 67:16 73:19
identifies [i] 35:10
identify [4] 4:14 23:19 66:5 79:3
identifying [i] 23:20
Illinois [i] 3:20
implementation [i] 78:12
improper [2] 76:13 81:9
improperly [i] 48:14
in-depth [i] 26:1
in-house [ii 98:6
Inc [3] 1:2 2:7
1:6
include [i] 102:9
included [4] 39:21 66:21 89:3 100:20
including [3] 58:6 64:6 108:13
inclusive [i] 23:3
incomplete [2] 53:16 96:19 '
inconsistent [i] 102:16
incorporate [3] 59:12 67:20 73:18
incorporated [2] 91:7 91:10
incorporating [2] 71:6 95:16
increase [4] 52:14 52:19 54:1 54:2
indeed [2] 62:9
56:15
indented [i] 50:21
independent [S] 65:19 66:9 66:16 82:6 82:12
INDEX [2) 108:1
107:1
indicate [6i 22:10 24:8 27:11 27:13 74:1 99:2
indicated [3] 68:5 80:10 82:4
indicates [21 27:20 90:9
indication [2] 31:7 79:17
indulgence [i] 84:11
industrial [4] 37:14 69:14 74:5 74:6
industries [7] 1:2 1:6 2:7 2:11 4:9 5:6 58:5
industry [si
16:7 18:18 45:15 51:16 86:1
6:4 20:13 51:17
information m 7:13 12:8 14:4 25:19 42:8 77:11 81:5 104:5
Ingersoll pi 3:2
injecting [i] 79:13
injury [i]
8:5
Inn [i] 86:8
inquiry [2] 79:5
39:6
inserted [ii 62:7
inside pi 89:8 90:6
89:7
insist [i]
76:16
Insofar!!]
93:20
inspection [i] -64:3
intended [2] 74:5 74:10
intent [3]
25:3
78:21 101:11
intention [i] 90:3
intentionally [3] 51:13 89:13 90:1
interestedni 106:15
interior^] 38:8 51:3 55:5 55:8 101:13
37:17 54:11 101:6
interject [ij 48:9
interrogatories [2] 13:21 14:7
interrogatory [3] 16:3 16:3 39:10
interrupt [i] 48:17
interruption p] 15:20
intervening [i] 12:13
inventory [i] 70:11
investigation [i] 79:20
invoke (i)
90:6
involved [7) 8:4 31:9 31:15 63:2 72:2 75:20 95:11
involvement [4] 12:18 39:7 44:11 75:11
firsts - L
involving (2) 44:6 44:7
irrelevant [2] 31:18 66:1
Issue [i] 23:5
issued [1]
84:4
issues [2] 77:19
77:14
item [2] 82:20 93:9
items [8] 35:14 36:2 73:17 74:3 74:21
35:10 73:5 74:20
itself [7] 38:10 57:1 58:2 65:7 89:9 91:10 98:6
J [3j 1:16 106:3 106:19
J-J (2) 100:12 108:14
Janice [l]
10:10
January [Sj 90:13 100:20 101:13 103:5 103:5
Jersey pi 108:20
40:21
job [2] 9:12 9:16
jobS(i) 11:13
John[2] 32:20 81:18
joined [i]
103:9
Jones [l]
3:6
Joyner [i3]
5:9 5:9 23:18 24:6 24:12 29:18 41:11* 41:14
3:18
6:16 24:10 35:20 103:20
Judge [l]
1:7
July pi 101:14
jurisdictional 11:13 13:8
justification [i] 85:20
juxtaposition [t] 67:21
Kansas pi
38:15
Karabap)
3:19
Kaufman [i] 2:19
Kemp]69:19
kind[S] 12:20 79:20 89:17 91:13 91:14
kinds [2] 89:21
58:5
Kirkland [i] 2:9
knewp]
50:7
knowledge [i6] 26:13 29:15 41:8 53:11 54:14 54:17 58:1 70:4 74:2 78:6 79:7 79:8 79:17 81:8 87:3 103:7
knowledgeable [2] 80:13 81:5
known [4] 42:20 44:5
39:15 58:10
knows [l]
40:15
L[2] 2:2
4:16
Index Page 5
Multi-Page1^
lead-paint [i] 8:5
lumped [i]
99:3
1:15 1:20 2:3
lead-pigment [i]
Lustral [i]
69:19 2:6 2:17 3:4
10: 73: 84:
87: 88:
47:20
leaded [4] 38:16 51:14
least [2] 67:13 leaving [i]
38:12 52:10
71:10
15:11
Lynnepi
M(i] 2:15 Macateep]
81:19 Macatee'sp]
4:12 81:18 82:1
3:14
8:9 8:12 106:1
3:17 8:11 8:15 106:4
masthead [i]
material []
4:6 8:11 64:6
47:6 10:16
89: ledger [i]
18:19 Mackiep]
3:16
11:14 40:19 44:7
90: left [2] 16:17 28:20 Magdalena p] 26:6 45:3 45:6 45:8
91: legal [S] 14:5 14:20 27:3 27:17
45:16 51:14 53:20
91: 101
10
18:15 18:17 length m lengthy [i]
32:12 7:5 30:5
main [i] 86:5
maintain p] 17:7
16:21
84:8 108:7
materials [4] 47:19 55:11
108:18
38:8 74:4
44: 96:
Lenzotti [3] 100:12 101:20 108:14
Lenzotti's [ij 100:14
maintained p] 43:3 maintains m 18:13 maintenance p]
matter pj 22:20 71:4
matters pj 27:9
4:8 26:14
11: 86: 89: 95:
61:
10:
letter [i7] 50:20 51:21 61:17 62:13 67:12 68:14 69:11 71:16 78:7 100:11 108:13
letters [4] 73:10 99:16
48:4 61:15 67:10 69:2 71:20 108:2
67:8 107:19
69:15 74:5
major pj
9:7
manp] 65:9
management [i] 80:12
manual [4]
84:4
84:14 89:20 108:4
manufacture pj
may p7] 1:13
10:18 17:8 21:19 25:4 55:10 56:18 72:20 73:7 77:2 77:21 79:12 79:17 79:20 80:2 102:16 106:17
4:3 20:20
33:17 71:18 73:11 79:8 79:18 89:20 107:2
39: 40: 47:
LIA[7] 16:5 16:7 16:21 19:3 19:7
lifepi 86:10
16:6 17:21
38:10
manufactured pj 30:14 38:14 64:14 66:15 101:15
109:5 McNamara [3] 2:5
5:5 5:5
mean [S] 8:11 45:9
io:
25: 62: 85:
38: 20: 76:
light-fast [i]
likely pj 51:19
limit [ij 36:12
limits [i]
line pj 26:8 29:9 29:16 75:18 80:10
54:21 34:18
76:7 27:10 59:13 102:12
manufacturer [2] 47:18 47:20
manufacturers [3] 40:6 40:8 47:14
manufacturing [2] 30:17 38:12
mark [is]
13:11
21:2 28:1 33:6
39:14 39:15 40:2
90:8 103:14
means Pi meetp] 71:15
meetings) 87:17 93:5
meetings p] 18:21 19:2 20:7 20:16
103:14
74:12
103:4
60:8 108:10
18:20 19:3 42:5
listpj 71:9
40:17 41:14 45:19 member [i2] 16:5
2:2 listed pi
29:3
55:20 67:3 83:17
16:6 19:12 39:12
94: 31:1 36:2
93:2 98:1
43:8 43:10 44:1
32:
13:
1:6 4:8 19: 20: 27: 35: 35:
listing [i]
28:19
litigation [3] 29:20 34:9 34:17
live[t] 6:20
Livingston pj 4:13
local [i] 64:4
located pj
72:10
74:20 86:7
location p] 4:5
marked [17] 21:6 22:2 33:9 41:17 47:4 56:8 83:20 84:3 93:17 94:4 99:13
marketed pj 30:11
marketing [2]
13:14 28:4 46:3 68:12 93:3 97:18
30:9
30:12
44:21 45:2 45:11 47:10 47:12
members pj 43:12 43:16 44:16 45:1 47:9 47:13 60:10
membership Pil 16:21 20:3 39:17 40:1 41:21 43:4 44:14 47:16 47:21 59:5 62:14
36: 9:16 9:16
50:10
memo p]
22:18
37:
Lombard [4] 1:15
marking [2] 13:15
mention p]
25:2
38: 2:3 3:3 4:6 41:12
mentioned p] 67:20
51: 51: 52: 52:
look [5] 25:13 87:8 89:7
looked p]
54:5 94:17
77:13
Marla [2]
2:12
4:20
Martin-Senour[i]
70:7 metp) 102:4 Metropolitan ij
53: 77:17
32:13
3:7
54:
looking [3] 77:21
Martins [4] 60:11
Mexico [3]
26:6
69: 85:13 100:10
60:12 60:20 62:13
27:4 27:17
89: looks [2]
24:7 Martins' pi 60:17 Michaelpi 2:18
46:6 61:2 3:6 4:18
Lou [2] 5:21
Lowe [2] 31:21
34:19 31:1
Martins-Senour pj
102:10
Mary [2j
2:5
might [4]
55:4
70:8 77:18 81:8
Mike [ij 5:7
Lucas [l]
32:20
5:5
military [i] 37:15
Maryland [is] 1:2
Wright v. Lead Industries
Nemours [i] 3:5
new [22] 2:14 2:14
10:6 10:18 26:6 27:3 27:17 40:21 73:1 79:13 92:9 93:9 94:18. 94:18 95:4 95:4 95:19 96:1 96:5 96:7 96:12 108:20
next [4] 10:4 31:1
34:20 50:21
Nilan[3]
2:18
5:7 5:7
Niles [i]
2:5
Ninth (i]
2:19
NL [ij 5:6
noise [i] 15:20
nonpaint [i] 61:11
nontrade [4] 73:5 73:16 74:3 74:19
nor [4] 83:4 106:13 106:13 106:14
NORMINGTONm 3:9
North pi
3:16
Notary [2] 106:3
1:16
notations m 71:9
note [5] 20:21 28:18 53:12 59:5 60:10
notes [i] 24:8
nothing [ij 5:16
notice [32] 13:12 13:15 13:17 26:9 29:10 36:12 41:7 53:8 60:14 62:20 71:5 73:20 76:9 78:16 79:4 79:9
82:15 83:6 95:7 96:20 107:6
6-.li 13:16 26:15 39:6 59:14 66:4
75:3 78:18 81:3 86:18
104:16
November pi 40:21 93:5 101:20 108:10 108:20
now [ni 7:16 16:2 42:20 48:2 53:7 66:18 72:15 86:8 91:1
12:11 45:2 61:14 79:13
NPCA[2]
43:17
42:19
NPVLAdsj
39:17 40:1 42:20 43:8 43:18 44:1 47:16 47:21 57:8 57:12 58:10 58:19
39:14
42:19 43:12 47:12 57:8 58:1
number [37] 13:14 16:4 21:11 23:21 28:4 33:9
33:18 35:10 45:20 46:3 56:4 56:5
4:9 21:6 25:10 33:18 41:17 50:21 56:8
61:15 64:1 68:12 83:20 93:10 98:21
61:18 67:11 70:6 84:3 94:4
99:13
63:18 67:17 83:18 87:6 98:20 108:3
numbered pj 39:11
59:2
numbers [] 21:4
22:4 24:7 56:2 84:6 84:9 84:15 98:8 98:10 107:8 107:10 107:16 107:21
O'Brien [2] 3:20
5:10
object [45]
16:11
17:2 19:14 26:7
26:15 27:5 31:15
35:21 36:9 37:11
38:18 39:2 40:13
41:6 43:13 45:4
51:6 52:16 53:4
53:6 53:7 53:15
55:9 57:5 62:19
62:19 64:16 65:20
70:20 75:2 76:6
81:6 86:12 86:17
88:4 88:13 89:5
89:12 95:6 96:4
101:4 102:12 103:1
103:20 105:1
objection [39] 6:15 6:17 20:5 24:13 29:9 29:15 31:13 35:20 48:10 48:13 49:20 53:12 56:17 59:13
66:1 67:19 71:7 71:17 77:10 77:20 78:14 81:10
96:19 97:8 99:7 104:6
6:11 6:17 27:10 31:6 37:17 49:12
54:13 60:13 67:20 73:19 78:5 96:4
97:12
objections [i] 31:6
obligation [ij 78:11
observed!
22:1
obviously pj 37:14 78:17
occasion [3] 69:21 75:12 77:7
occupational [i] 45:13
October [S] 48:4 50:3 55:7
22:19 51:21
off [25] 28:12 46:14
49:10 62:5 83:12 92:15 94:5 99:17
21:16 46:6 49:4 49:17 74:13 92:12 93:8 94:6 105:10
28:11 46:9 49:7 50:17 83:11 92:13 94:2 97:21
Office m 4:5
1:14
officer [i]
68:21
Offices [i]
2:2
Multi-Page TM
officials [I]
Ohio [S] 3:11 9:8 9:17
98:4
6:21 72:11
oxide [2] 38:16
Ozark pi
38:13 23:2
omitted [ij 25:15 p.mpj 83:15 83:16
Once [3] 29:8 56:12
92:17 92:18 94:9
62:7 79:15 99:2
one (38) 6:17 20:1 22:3 22:10 23:11
94:10 99:21 105:13
P.S [1] 69:1
100:1
25:16 28:5 28:20 packet pj
49:19
34:20 34:20 44:2
84:7 108:6
46:19 53:6 56:13 59:8 61:10 61:11 67:8 68:5 70:7 75:4 77:21 82:20
85:15 85:18 85:21 87:18 88:18 69:1 89:6 90:5 92:2 93:9 96:7 99:9 101:12 101:18 107:19
page [25]
22:7 22:7 24:17 25:14
28:19 34:8 34:11 35:9 50:20 54:5 60:3 68:14 72:18 87:6 100:10 107:3
22:6
22:8 25:15
34:10 47:4 59:2 69:11 98:21 107:5
ongoing [l] 42.-21 pages [io]
21:3
onto [3] 12:6 12:6
23:6 48:3 56:5
89:10
60:2 64:4 84:14
operate [3]
63:21
85:8 94:19 107:8
64:1 64:5
paint [43]
6:4
operated [3] 27:14 65:6
operates [l]
operation [2] 86:4
27:3
63:18 63:16
30:14 39:8 40:6 40:20 44:5 47:13
31:8 39:13 40:7 41:1
44:16 51:15
32:8 39:16 40:10 41:21 47:6 51:17
operations [i] 86:11
52:6 52:10 52:15
operators [s] 65:19 66:9 66:16 93:5 108:10
opportunity [4] 14:9 25:12 28:15 94:16
opposed [i] 36:14
52:18 57:2 58:6 61:7 61:10 67:1 67:1 70:1 74:14 74:14 91:14 93:9 94:19 96:13 101:2 101:9 103:4 104:9 104:18 107:10 108:19
order [3]41:15 55:13 98:19
painter [4] 73:17 74:3
73:5 74:20
ordinance [i] 95:5 paints p5]
29:5
ordinances [i] 13:5
30:9 30:10 30:11
ore-smelting [i] 27:14
oresni 27.-12
organization [it] 16:10 16:16 16:18 41:5 42:14 42:18 43:1 43:4 44:5 45:17 57:9
30:12
36:13 37:6 37:15 38:17 55:2 55:11 89:17
100:21
30:13 36:13 37:9 38:6 47:19 55:5 61:8 92:9 101:12
30:19 37:5 37:13 38:8 51:3 55:8 76:19 98:7 101:13
organized [l] 56:13
101:15 101:16 102:19
originally [i] 25:1
103:11
otherwise [i] 82. ll
outcome [l] 106:15
outside pi 77:11
60:14
overbroad [4] 6:12 39:3 75:6 101:5
Overlook (ij 6:21
oversimplification m 72:21
own [I4J 27:11
30:16 55:1 66:15 76:20 85:16 86:15
30:13
66:11 77:H 86:16
paragraph pj 50:21 54:6 72:19
parameter [2] 87:18 88:18
parameters pi 88:19 89:3
paraphrasing [l] 52:2
Pardon [i]
64:9
parenp]
33:19
33:19 1 39:14 39:15
39:15 90:6 90:7
Parkp] 2:13
86:21 96:12 103:12 Parma [i]
6:21
owned pj
30:7
65:6 65:13
part [12] 8:21 15:8 25:2 30:8 32:3
Nemours - pigment
45:13 49:2 74:20 89:8 109:10
61:20 96:14
participated] 14:6
participated pj li:io 11:20 45:16
participation [i] 17:21
particular [7] 18:21 19:15 77:21 87:16 90:9 90:15 96:16
parties [2] 106:14
106:13
parts [i] 21:13 pasS[t] 24:7
passed p] 13:5
past[i] 14:5 Pat(i] 5:3
patently [i] PATRICK [i] Paul [2] 3:6 paused]
paying [1] pending [i]
13:3
31:17 3:15 4:18 35:7 18:19
8:8
Pennsylvaniad]
2:16
people^
u.12
43:16 61:18 92:2
percent^]
52-.14
52:15 53:2 53:3
53:20 53:21 54:3
101:12 101:12
percentage [2] 52.20 101:3*
performance [i] 55:19
perhaps [2] 48:14
36:10
period [2i] 9:18 12:16 26:4 30:6 36:6 38:11 38:21 44:13 44:20 55:17 69:16 69:18 71:8 71:10 77:6 77:7
77:12 81:19 91:18 104:12 104:14
person [3]
6:4
80:12 81:18
personal [i4] 26:12 27:9 41:8 53:11 59:21 63:11 79:7 79:8 87:3
8:4 29:14 54:14 74:2 79:16
personally [4] 27:21 60:21 63:3 106:5
personnel [3] 78:3 80:14
persons [ij
Peter [3] 1:14 4:5
73:12
8:5 2:2
photochemically [i] 73:8
pigment [4] 36:8 38:16 52:7 52:9
Evans Reporting Service
Index Page 7
ligmcnts - Reporter
pigments pj 35:17 36:4 37:9 38:3 38:10 102:19
lace [u 106:6
.aced [i]
plaintiff [ij
plaintiffs [ioi
1:5 2:4 15:8 56:1 70:16 76:3
35:11 36:13 38:5
48:15 99:3 1:1 4:17 67:16 107:16
political [i]
Popham(t)
Porter [ij
portion [4) 89:8 94:17
position [is] 7:7 7:10 9:20 10:4 11:1 12:1 12:15 59:10 81:20 82:2
13:6
2:19
2:13
40:18 108:17
7:6 9:19 10:20 12:11 59:15
plaintiffs' [6] 33:12 39:10 98:1 100:7 102:17 102:18
plant [ii 86:8
Plaza [i]
3:19
PLO [5] 34:9 34:10 34:11 34:20 107:12
pluS[i] 53:2
Pogue (I)
3:6
Pohl [129]
4:18 4:18 8:10 8:13 15:10 16:11 17:5 17:12 20:5 21:7 23:9 23:17 24:18 25:1 27:5 28:5 29:8 31:5 31:14 33:21
34:13 34:19 35:5 35:21 37:11 38:18 0:13 41:6 43:13 45:4 49:1 49:5 49:17 51:6 53:4 54:13 56:9 56:11 57:5 58:12 60:13 61:20 62:4 62:6 62:19 64:8 64:16 65:12 66:18 67:6 68:4 68:8 71:17 71:19 75:2 75:17 76:6 76:12 77:20 78:5 80:15 80:17 82:15 82:20 84:21 85:3 85:7 86:12 88:4 88:13 89:12 90:21
3:6 6:9 13:15 17:2 19:14 22:1
24:13 26:7 28:9 31:11 34:3 35:2 36:9 39:2 42:17 48:9 49:11 52:16 55:9 56:16 59:12
62:1 62:10
64:10 65:20 67:19 70:20 73:18 76:2
77:10 78:14
81:6
83:9 85:5 86:17 89:5 91:13
positions (11 75:10
possession [ij 18:5
possible [2] 70:12
6:4
potential [i] 70:9
power [ij
55:1
practice [2] 87:2
86:14
preceded [i] 35:11
precise (ii
39:17
predecessor [i] 82:1
prefer [ij
68:2
prefix [ij
24:2
premises [i] 31:9
preparation [2] 14:18 79:9
prepare pi
21:18
prepared pj 15:12 22:19 80:10
preparing [2j 11:14 14:3
present [] 13:9 43:5 65:21 81:16
7:3 60:10
Presslerpi 23:6
Preston pi
2:16
previous [tj 55:19
previously [2j 6:11
13:20
price pi 71:9
print [2] 86:15 86:20
printed [1]
86:5
printing [S] 85:21 86:4 86:16
85:16 86:5
problem(2] 51:1
70:10
problems [i] 77:19
proceeding [i] 42:4
proceedings [4] 4:1
40:18 106:11 108:18
93:20 96:3 97:12 99:7 103:13 105:1
95:6 96:19 98:9 101:4 103:17 105:7
95:21
97:8 99:2 102:12 104:6
produce [i]
produced [ii] 29:19 33:11 39:19 40:17 67:16 70:15 107:15
30:13
23:21 34:15 56:1 82:18
point [9j 20:8 -<7:8 38:4 .8:12 76:13 85:19
points [i]
poisoning [i]
31:17 48:10 85:7
23:19 8:6
product [is]
12:7 13:1 51:14 66:13 70:8 73:15 86:15 87:21 89:2 90:16 91:14 91:14
7:4
15:11 69:15 74:6 88:2 91:4
Multi-PageTM
production [4] 15:9 22:16 33:12 70:9
productions [i]17:9
products [3*i 8:6 32:8 33:20 36:14 54:11 54:12 61:6 61:7 61:11 64:14 65:19 66:9 66:14 66:21 69:15 69:18 71:11 74:7 74:12 74:19 82:5 86:6 87:16 89:16 91:13 95:3
program [3] 78:13 100:19
7:12 33:2 54:8 61:3 61:11 64:17 66:11 67:1 70:11 74:11 75:20 87:14 89:21
71:14
programs (7) 70:13 70:16 70:19 78:9 80:13 81:12 82:11
project [1}
102:8
proper [3] 75:18 92:2
66:4
propose [3] 51:1 84:17 93:8
proposed [t] 10:19
propounded pi 13:20
Prospect [i] 3:10
protocol [l] 6:18
provide [6] 10:16 11:10 43:15 97:10
provided [7] 14:19 15:14 18:9 18:15
7:13 35:13
14:4 18:7 43:12
public (3)
1:17
103:4 106:3
pull [3] 48:19 55:15 92:7
pulled [i]
68:9
purchase [4] 36:2 36:4 36:7 76:19
purchased [3] 37:2 38:4 75:21
purchasing [3] 33:15 35:16 36:1
purported [i] 40:4
purposes [ij 52:8
purview [ij 104:11
put [81 23:11 38:5 52:13 55:15 88:2 89:10 97:11 97:18
qualification [ij 103:18
qualify [i] 47:21
Quality [4] 29:5 30:9 30:11 30:12
quantities [2j 103:14 103:16
questioner [ii 102:15
questioning [] 26:8 29:9 31:16 ! 59:13 80:11 102:13
questions pi 6:1
Wright y. Lead Industries
21:19 56:21 82:17 84:18 93:12 97:14
quickly [i]
70:11
quiet [1] 83:8
quotation [2] 39:14 39:15
quote [20] 23:1 23:5 35:12 39:11 47:9 47:9 51:2 51:2 54:7 54:8 55:8 69:14 73:11
16:4 29:4 47:8 51:1 54:7 55:7
72:20
quoting [ij
82:7
R[1J 60:10
R-O-S-t(l)
101:21
R.A[t] 69:2
R.G[2] 48:6 50:6
R.S [21 100:12 108:14
R.W [ii 22:19
randomly [ij 22:11
range [2] 64:17
64:13
Raw [2] 40:19 108:18
read [9] 16:15 30:4 62:1 73:13 78:4 109:4
26:1 63:7 80:6
reads [2]5l:l 73:10
ready [2i 85:11
46:16
really pi
22:7
22:8 84:13
reasons [i]
70:21
Reavis [i]
3:6
rebranding [i] 103:12
received [2] 84:8
23:15
recess [ioi 46:15 83:14 92:16 92:18 94:10 99:20
46:12 83:16 94:8 100:1
recited [i]
27:9
recognize pi 73:14
recommendation pi 78:3
record [ssj 6:8 6:16 21:16 22:2 23:10 28:11 28:13 33:10 39:12 42:4
46:6 46:9 46:18 46:20 49:4 49:7 49:13 49:14 56:12 62:5 65:12 76:3 80:6 83:11 83:21 84:21 92:12 92:13 92:19 92:20 94:2 94:5 94:11 94:12 99:17 100:2 103:1 105:10
4:15 16:3 22:14 28:12
33:15 42:17 46:14 48:4
49:10 49:18 63:7 79:18 83:12 89:21 92:15 93:8 94:6 97:21 100:4 106:11
recorded [i] 106:10
records [ii] 17:20 18:3 18:6 18:16
19:6 42:3 81:13
16:20 18:4 19:2 81:1
rectangle [3] 89:8 89:8 90:6
redacted [ii 73:10
reference [2j 18:4 82:21
references [i] 102:15
referred [ii 74:4
referring pi 101:18
refers [ti
74:4
reflect [2] 79:18
49:17
reflected [2] 66:3 79:19
reform [i]
37:20
regard [9] 60:14 67:21
71:7 73:19 95:21 101:8
48:13 71:3 82:13
regarding pi 18:18
region pi
78:13
regional [2j 78:12
78:8
regular [ij
8:21
regulation [3] 12:19 12:20 96:6
regulations [8] 7:13 7:15 10:18 11:1 12:17 12:21 70:4 73:1
regulatory [it] 10:7 10:8 10:13 12:8 63:2 75:11 77:5
77:9 77:19 95:12 97:6
reiterate [i] 6:10
related [2] 106:14
61:7
relating [3] 39:21 77:4 77:9
relationship [6] 20:6 32:5 32:16 32:19 33:1 33:3
relevance [3] 31:6 75:2 75:18 95:8 96:3
relevant pi 77:11
remain [i]
9:18
remarked [i] 25:10
remember [i] 42:13
repeat [4]
6:10
20:15 27:1 63:5
repeated [i] 80:3
repeatedly [i] 78:15
reply [ii 74:2
reported [2] l.K 100:16
Reporter [5] 21:1 84:2 97:17
4:11 85:1
Index Page 8
Evans Reporting Service
Wright v. Lead Industries
Reporting (2] 1:19 4:12
representative () 26:17 29:17 44:3 44:4 44:9 44:15
request pi 15:14 33:13 34:7 89:14
requested [4i 42.8 63:8 71:2 80:7
requests (i) 14:1
62:17
return [i]
returned (u
review [io] 18:7 19:8 20:14 20:19 26:4 28:16
reviewed pj 14:17 17:1 42:11
97:17
97:19
14:9 19:21 21:13 105:8
14:14 41:20
require [2] 90:16
79:20 reviewing (3) 25:17 59:3 60:5
required pj 96:13
89:2
requirements (i] 86:19
requires m 54:21
research [4i 9:13 9:21 50:14 100:15
reservation [i] 48:10
reserve [Hi
24:13 29:15 48:15 49:11 53:12 56:16 73:21 76:13 105:7
6:15 48:13 49:20 68:9 99:7
revised [ij
revision [2] 73:2
Richards [l]
Richfield [i]
right [22] 24:9 24:10 33:2 35:1 42:14 44:12 48:15 53:3 68:9 73:21 85:9 86:8 93:19 105:3
Road [2] 1:19
45:14
33:19
3:16 2:14
8:13 24:11 38:21 47:15 54:18 76:14 87:5 105:7 6:21
reserved [l] 31:7
residential pi
37:16 38:6 38:17 100:21 103:11
36:13 38:8 101:16
resistant [i] 55:3
respect [si
26:14
29:16 70:16 95:8
102:18
response m 16:2 33:12 34:7 62:13 78:2 78:21 96:14
responses [] 14:1 14:3
18:4 42:7
13:20 14:10
responsibility [ii]
77:15 78:9 80:19 92:5 95:2 95:13 95:18 96:18 97:2 104:15 104:18
responsible [i] 95:16
rest[i] 49:2
restate [3]
6:5
17:16 37:20
restricted [l] 84:18
restrictions in 73:7
result [2] 100:19
8:6
results [i]
52:9
retail [27]
63:19 64:14 64:21 65:3 66:9 66:9 70:19 71:12 72:5 74:12 75:13 75:16 77:3 77:8 81:13 82:6 90:17 103:4
63:16 64:18 65:19 66:16 71:14 74:21 75:21 80:14 82:12
retailers [i] 103:11
retain [2]
62:14
Robert [i]
52:3
Rogers [i]
32:7
Roland [i]
52:3
Rollins [ij
3:16
Rost(i) 101:21
rulem 79:20
rules [2] 78:18 79:1
running [i] 93:11
Sitj 3:2
S-p-i-t-z-e-rpj 48:5
S-t-e-u-d-e-1 [i] 69:2
S-W [i] 107:10
S.B [i] 59:9
safety [5] 11:14 44:7 45:16
10:16 45:8
sake [2] 42:17 52:7
sale [2j 12:21 90:17
sales pj 73:4 74:11 74:16 80:14 104:9 105:2
73:12 78:3 104:18
salespeople [i] 69:17
salesperson [i] 74:17
Samuel [152] 4:16 4:16 5:21 6:19
13:11 13:17 15:5 15:15 15:21 16:1 17:4 17:11 17:18 19:17 21:1 21:8 21:17 22:13 23:19 24:4 24:11 24:16 25:7 25:11 28:1 28:7
2:2
5:19 8:12 13:18 15:16 16:13 17:14
19:18 21:9 23:13 24:9 25:4
26:20 28:11
Multi-PageTM
28 13 29 21
31 12 33 10 34 14
35 36 7 38 20 41 3 46 46 6
48 8 49 21 53 7
56 0 56 8 60 5 62 1
65 5 66 9 67 68 3 76 79 l 82 7 83 7 85 85 88 5 91 92 2 93 6 94 1 96 98 1 99 100:6 107:4
2i 14
30 31 20 34
35 35 37 9 40 5 41 8 46 46 8 49
50:2 54 8 56 3 56 20 61 21 64
65 6 66 20 68 71 76 0 80 83 83 1 85 85 0 90 91 92 9 93 9 94 5 97 4 98 3 99 4 103:2
29:18
31:10 33:6
34:6 35:4
36:15 38:1 41:11
45:19 46:11 47:2
49:13 51:10
55:20 56:15 57:10 :62:9 64:11
66:6 67:3 68:7 76:1 77:1 80:5 83:11 84:1
85:6 88:10 90:4
91:19 93:2 94:2 96:2 98:1 99:6 100:2 105:3
sandbagged [i] 79:6 satisfactory [i] 6:19
sawn] 101:18 saysm 87:13
scenario ui 34:18 Schnobrichni 2:19
Schumann [2] 3:17 5:4
Science [i] 9:7
Scientific [t] 40:5
SCOpe 16]
37:18 41:7 60:14 62:20
73:20 75:3 78:15 79:5 86:18 95:6
36:12 59:14 7:1:4 76:8 79:14 96:20
sealni 106:16
Sealed [i]
108:12
seat[i] 62:17
second [12] 27:10 34:10
53:7 67:12 70:8 72:19 94:19 108:2
22:21 46:19 68:14 84:15
Secondly [ij
Section [i]
seepj
29:1 78:12 95:19
22:13
61:19 90:6
71:3
40:5
26:12 62:4 95:3
seekpj 76:14
seeking [ij
52:8
selecting p) 88:19
sell [7] 30:14 64:17 66:8 66:14 69:14 73:14 103:10
sells [2] 64:13 65:18
senior [2] 72:12
10:6
sense [i]
51:20
sent[i) 78:7
sentence [2] 35:11 54:6
separate [4] 22:18 23:13 57:9 84:7
separately (2) 48:15 83:2
September [4] 67:8 69:12 72:16 107:19
sequence p] 41:15 56:3 98:16 98:16 98:18 98:20
22:5 62:8 98:17
Service p] 4:12
1:19
services [2] 97:7
12:8
set pj 24:6 103:5 106:6
setting [i]
78:9
seven [i]
several m 64:6
29:3 11:9
sheet (4j 45:3 45:8 45:16 109:9
sheets (3)
10:17
11:14 44:7
shelves p]
95:4
95:20 96:15
Sherwin(i2] 28:20 29:19 31:21 32:13 49:20 75:12 82:18 108:7
9:2 30:14
43:11 80:11
Sherwin-Williams [88] 1:12 3:1 3:10 3:11 3:14 4:19 6:10 7:2 7:18 8:20 9:6 9:9 13:19 14:11 16:4 16:20 18:5 18:13 19:12 20:3
22:16 23:14 26:5 26:17 27:3 27:14
27:17 29:7 30:8
30:10 31:3 32:9 33:11 35:16 36:3 36:7 37:8 38:5 38:9 39:7 39:11 39:12 41:20 43:3 43:8 44:2 44:9 45:21 56:1 59:9 60:11 61:9 62:17 63:18 64:13 64:20 65:10 65:13 65:18 66:8 66:13 66:14
70:15 70:18 71:13 75:21 76:19 79:11
82:5 82:10 84:5
Reporting - spirit
84:8 87:20 96:14 100:21 103:10 107:16
85:14 95:1 96:17 102:9 104:19 108:5
86:11 95:3 98:4
103:3 107:13
Sherwin-Williams'
PI 8:6 17:2 39:21 44:4 44:14 63:15 86:14 93:7 101:8
shorter [i]
84:18
show (1)31:5
showing pj 21:11
shown pi 17:7 17:8
sidep) 28:20
18:19
15:3 17:8
sides [i] 28:18
Sieplein(t) 22:19
sign [11 105:8
simply m
62:12
single [i]
68:1
situation [2] 55:14 104:3
six [3] 18:10 84:14 85:8
sixth [1] 87:6
slightly [i]
58:9
slow(t] 24:12
Smalkin [i] 3:16
Smelting [t] 23:2
sold p) 30:19 69:18 69:20 71:12* 74:10 103:4
66:11 70:8 82:5
solvent [ij
73:8
someone [2] 81:8
23:7
sometime (i) 71:10
somewhere [2] 8:2 36:21
sorry pj 24:12 25:15 35:6 45:9 48:17 69:5 98:9
source [i]
37:2
South pj 2:19 86:9
2:6
Southwest (i) 1:19
space pi
73:9
Spahrp)
3:2
speaking pj 53:13 74:1
Specialists [i] 4:13
specializing [ij 61:12
specific pj 71:3
6:13
specification [l] 95:15
specified [i] 38:19
specify (ij
37:16
specs [i] speculate pj spirit pi
58:6 34:12 53:10
Evans Reporting Service
Index Page 9
Spitzer - version
79:15
Spitzer [i3] 48:5 50:11 51:19 54:16 67:9 67:13 69:12 70:17 71:16 72:17 2:20 107:20 108:2
Spitzer's pj 69:8 78:3 78:7
Spitzer-Bull pj 50:20
Square p i
stamp [24] 34:8 46:1 56:3 56:5 61:15 67:10 84:9 84:15 93:10 98:8 98:21 107:8 107:11 107:14 107:21 108:3
3:7
21:3 56:2 59:2 67:17 87:6 98:20 107:10 107:16
stamped [7] 60:3 84:5 108:5 108:7 108:11 108:14 108:20
Stamps [l]
34:16
standard pi 59:6
standards [8] 57:4 57:7 58:3 58:4 58:8
standing [2] 58:7
standpoint [i]
Staple [l]
'apledpi 22:11 23:12 49:19 56:14
55:18 57:14 58:5
58:2
77:18 99:4 22:2 23:15 68:6
staples [l] Start [i] 24:2
49:18
started [2] 86:10
starting pj 75:11 80:21
50:16 29:4
State [8] 6:7 9:8 13:2 67:19 106:1
8:15 64:5 106:4
statement [4] 63:20 79:10 79:19 89:4
states PI
54:7
85:20 104:10
Stating [i]
19:15
stenographically pi 106:10
Steudel [6j 69:3 69:4 69:5 69:8
69:2 69:4
Still [6] 10:11 42:14 42:21 59:17 69:20 70:5
stipulation [i] 93:7
Stock [4] 96:15 97:5
tockspi
95:20 97:11
30:14
topped [1] 37:9
Store [9] 64:21 70:17 70:19 75:16 75:21 95:4
65:3 72:5 81:13
stores (33i
63:16
63:19 63:21 64:1
64:5 64:14 64:18
64:18 64:19 64:19
65:6 65:9 65:13
66:12 71:9 72:7
72:9 72:13 74:21
75:5 75:13 76:19
77:4 77:8 77:13
78:10 81:14 81:17
82:10 97:1 97:1
104:11 104:20
stores' [i]
77:16
street pi]
2:3 2:6 2:19 3:3 3:13 3:16 74:14
1:15 2:10 3:7 4:6
Strike [to] 10:14 18:11 47:10 52:5 68:15 75:9
7:20 18:21 57:3 87:15
structure [i) 29:12
structures [i] 74:6
subcommittee ps] 44:6 45:3 57:4 57:8 57:13 58:2
58:10 58:11 -58:20 59:6 60:8 62:15 62:18 63:4 63:12
subcommittees p] 19:7 20:12 20:17 44:2 44:10
subdivisions [i] 13:6
subject(9] 11:18 22:20 71:4 71:6 98:6 101:10
11:16
33:20 81:10
subjects [i] 79:13
subsequent [i] 27:18
subsidiaries p] 29:13 102:9 103:3
subsidiary p] 30:7 31:3 32:2 32:9 103:12
29:6 31:21 32:14
substitute [I] 25:7
subtitle [i]
72:19
succeed [i] ll:5
successor [i] 42:19
such [it] 70:1 71:1 78:13 79:8 101:2 102:9 104:10
69:17 76:3 79:10 102:15
suggest [2] 89:13
41:1
suggested [l] 65:17
suggestion [2] 37:20 57:11
suggestspi 42:21
Suite PJ 2:6 3:19
2:9
summarize pi 101:7
superior [i] 69:9
supervision pi 11:16
index Page 10
MultiiPageTM
11:18
supervisor pi ii:3
11:4 11:7
supplied (l) 15:1
suppliers [t] 47:18
suppose P] 86:11
85:20
supposed [2] 22:3 89:17
surprise pj 64:12
64:7
SW[2J 34:10 34:11
swear [i]
5:11
sworn pj 106:7
5:15
SWP-000003418 pi
59:2
SWP-000003427 pi
46:1 107:14
systems [t] 55:13
T [i] 2:18
takes [i] 10:3
tape [i] 46:7
tasks [i] 103:7
Taub [2] 100:12 108:14
Taylor [i]
2:16
technical [i6] 19:11 19:20 20:4 20:18 20:18 48:5 50:11 50:14 55:17 ; 67:9 69:6 92:6 92:8 97:6 100:16 107:20
technology (111 55:6
telephone [i] 64:4
tendered [12] 25:6 28:8 34:4 46:4 62:3 67:5 98:12 99:11
21:21 28:10 56:19 84:20
tenure [l]
10:20
term[6] 51:4 51:15
51:20 73:16 74:3 74:10
terminate [t] 76:14
terms pi
102:20
testified pj 5:17
testify [2] 81:7
5:15
testifying [t] 29:16
testimony pi 12:10 26:15 26:16 27:9 82:7
text [4] 35:19 73:10 90:19 91:7
thank [19] 15:15 23:17 28:9 30:18 34:3 45:18 56:11 62:10 67:6 79:21 105:4 105:6
8:17 25:21 33:5 52:4 63:14 101:17 105:9
themselves [2] 4:14 94:18
theoretically p] 54:1
Wrisjht v. Lead Industries
thereafter p] 63:10 71:15
therein [i]
27:9
Thereupon pj 105:13
T*ubep] 87:14 88:1
turnp] 60:2
turned pj 15:8
14:21
third(2] 50:21 94:19 two [17] 3:19 14:lf
Thomas pj 4:16
2:2
thought [i]
82:21
three P] 22:17 33:19 45:17
three-page pj 33:11
through [is] 56:2 64:14 64:17 66:11 69:15 72:1 73:4 80:21 82:10 84:6 84:10 85:13 89:19 99:15 107:17 108:6
15:3 35:2 44:9 48:3 50:21 52:15 53:2 53:4 53:21 54:2 56:5 61:10 67:7 70:21 107:19
two-page PJ 48:19 67:10
two-percent pj 52:9 52:18
type [2] 11:10 61:7
typed [l]
22:7
unable [i]
20:8
throughout [1] 64:5
Tillman pi 10:10 10:11 11:5
times pj
7:21
8:2 8:3 8:20
39:13 45:17
TIMOTHY pj 2:8
title pi] 7:3 23:1 23:4 33:15 50:8 60:17 61:2 68:18 84:4 100:14 100:17
titled [1]
108:4
titles [1] 7:8
today [12] 6:1 7:18 14:15 41:19 64:10 80:11 104:17 105:2
4:2 14:12 64:8 104:4
today's pj
64:3
together [9] 22:3
under [i2] 11:12 13:8 39:20 40:11 66:15 72:19 82:5 104:19
11:9 30:12 47:6 75:15
underscored [i] 51:3
understand [i3] 6:3 6:6 16:17 43:9 51:20 53:19 70:5 73:13 78:4 81:11 85:14 88:12 103:18
underway pi 70:14
unfairly p] 102:14
United pi
104:10
University [i] 9:8
unknown [i] 39:1
unless [3]
27:19
36:12 '38:18 88:6
89:14
22:11 23:11 49:19 56:14 92:7 99:4
took]!] 11:13
topp] 22:8 54:6 87:13
total p] 53:1
23:15 68:6
28:18 93:11
unofficial [i]
unrelated pj 67:21
unusual PI
up [] 51:1 89:1
17:6 78:9
24:15 48:13
34:8 20:9 87:13
totally pj
55:13 usage [4]
61:7
Towsonpj 2:17
71:12 74:7 76:20
toyp] 70:1
traced pi
100:19
track [i] 10:18
tracking pi ll:ll
trade [6] 16:9 39:20 74:11 74:16 74:17 75:1
training pi 72:2 72:2 72:5
transcript pj 105:8 106:10 109:4 109:7
transcription [i] 109:8
treating [i]
42:19
used pj 38:16 51:19 70:1 71:12 74:11 102:15
usesp] 51:7
using [4] 37:1 37:9
V[2] 1:2
vague [i]
various [13] 20:7 28:19 39:13 42:9 43:16 43:18 74:9 75:10
Varnish [it]
51:17 71:9 87:18
24:14 51:9 1:5 57:6 18:20 35:11 43:15 61:12 98:3 39:8
true [2] 106:11 trustp) 76:16
truth pj 5:16 5:16
try [2] 55:18
109:8 5:16 78:18
39:13 40:6 40:11 40:20 42:1 47:7 108:19
version pi
40:f 41:2 57:2
84:18
Evans Reporting Service
Wright v. Lead Industries
96:12
versus [l]
4:8
vice-president [3]
68:17 69:6 100:16
Videographeru?]
4:2 4:12 21:15 46:5 46:19 49:7
5:11
46:9 49:14
83:12 92:13 92:20 94:6 94:12 99:17
100:3 105:10
videotaped [S] 1:9
1:11 4:1
105:13
107:2
viscosity [S] 87:18 87:21 88:18
87:14 88:1
visit [3] 75:9 75:12 75:16 77:3 77:8
visits [ii
76:18
voluntary [i] 58:5
vulnerable [i] 70:5
W[ij 67:9
W.Cpi 68:16 107:20
W.P[2] 35:13 35:17
W.W [ij 32:17
wade [3] 3:18 5:9 99:15
wagons [ii
70:2
walking [i] 74:13
wants [i]
74:14
warning pi 11:19
Washington [2] 2:10 3:8
Water [ii
3:13
Wednesday [2} 1:13 4:3
weeks [21 18:17
18:10
West [ii 2:16
white [9] 19:20 20:4 37:1 37:9 38:5 52:6
19:11 20:17 38:3
Whiteford [i] 2:16
whole [3] 55:3 55:4 85:4
5:16 85:1
wholly [ii
30:7
widen] 76:17
Williams [ii] 28:21 29:20 32:1 32:14
75:13 80:12 108:7
9:3 30:15 43:12 82:19
witness [36] 5:15 15:13 24:17 24:21 26:11 27:6 29:11 34:5 46:17 53:11 59:3 60:5 76:18 78:19 81:7 84:17 85:7 87:10 99:10 99:11 105:6 105:8 106:16 109:1
witness' [21 88:11
wondering m
word [ij 73:9
wording [2] 95:15
worked [2] 61:6
world [i]
Wright pi 1:4 4:8
write [2110:17
writer [i]
writes [2i 72:20
written [6] 48:4 67:8 72:17 90:11
wrong [i]
wrote pi
year[] 23:7 80:15 80:21 102:4
years [7]9:20 16:19 39:9 64:21 81:21
Yellow pi
yet ni 76:12
York [9i 2:14 93:9 94:18 95:4 96:1 96:12
yourself [21 44:1
Z66.1 [7j 58:19 60:8 62:18 63:4
zeropi 101:14
zinc [2] 38:13
willing [i]
88:16
Wilmerpi
2:5
wish pi 48:21
withdraw [ij 96:10
within [8]
36:11
37:17 72:4 75:4
96:17 100:15 102:4
104:11
within-named [i] 106:5
5:12 21:21 25:17 28:10 46:4 56:19 67:5 79:7 84:20 93:8 101:10 106:5
24:18
22:9
11:19
57:13
55:4 1:1
58:6 51:8 58:4
14:10 67:12
70:8 92:4 44:19 98:5
12:13 63:17
64:3
2:14 94:18 96:7
21:19
58:11 62:14 63:11
38:16
Evans Reporting Service
Multi-PageTM
versus zinc Index Page 11