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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY JOAN MAERTIN, Executrix of ) the Estate of Lothar Maertin,) JOAN MAERTIN, individually ) and in her own right, et al.,) ) v. ) ) ARMSTRONG WORLD ) INDUSTRIES, INC., ) ) v. ^ ) MONSANTO COMPANY and ) AMERICAN MINERAL ) SPIRITS COMPANY. ) Civil Action L-95-cv 02849 (JBS) Simandle, U.S.D.J. Rosen, U.S.M.J. DEPOSITION OF ROBERT KELLER TAKEN ON BEHALF OF THE DEFENDANT/ ARMSTRONG WORLD INDUSTRIES, INC. JUNE 23, 1998 ^ DepoNet Taylor * Schroeder Reporting & Video "Meeting All Your Litigation Needs COURT REPORTERS 7494 Ethel Avenue St. Louis, Mo 63117 314.644.2191 800.280.DEPO Fox 314.644.1334 QUALITY ASSURANCE HARTOLDMONOOQ7698 ROBERT KELLER QUESTIONS BY: Mr. Turet PAGE NO. 4 INDEX OF EXHIBITS KELLER NO. DESCRIPTION 1 Dr. Keller's CV PAGE MKD. 7 2 Bates STR 017390 or S000195 32 3 Bdles MAE 053933-35 39 4 Rates MAE 053636 41 5 Bates MAE 053518 42 6 Bdt.es; MAE 053515 43 Bates PRR 0S0S42 or SCM 051020 46 Bdt.es MAE 05364 40 9 3/3/69 Document from E. Wheeler 49 10 Bates MAE 053006-008 55 11 Bates PRR 021890-892 57 12 Bates MAE 023422-31 65 13 Bates PRR 025243-247 M Bates MONS 036720-732 15 Bates MAE 023703-742 1G Bates PRR C22199-208 71 74 77 80 17 Bates MAE 053970-984 82 18 Bates MAE 054039 85 (Exhibit.:; to be attached to original transcript only. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY 3 JOAN MAERTIN, Executrix of the Estate of I-othar Maertin, 4 JOAN MAERTIN. individually and in her own right, et al., 5 ARMSTRONG WORI-D 7 INDUSTRIES. INC.. 8 v. ) Civil Action L-95-cv ) 02849 (JBS) ) ) Simandlc, U.S.D.J. ) ) Rosen, U.S.M.J. 9 MONSANTO COMPANY and AMERICAN MINERAL 10 SPIRITS COMPANY 11 12 DEPOSITION OF ROBERT KELLER, produced, sworn and 13 examined on the 23rd day of June, 1998, between the hours 14 of eight o'clock in the forenoon and six o'clock in the 15 afternoon of that day, at the offices of Taylor*Schrocdcr 16 Reporting & Video, 7494 Ethel Avenue, St. Louis, Missouri, 17 before TAMMIE A ST ARBOR. Certified Shorthand Reporter 18 and Notary Public within and for the States of Missouri 19 and Illinois, in a certain cause now pending in the United 20 States District Court for the District of New Jersey, 21 wherein JOAN MAERTIN, Executrix of the Estate of Lothar 22 Maertin, JOAN MAERTIN. individually and in her own right, 23 et a(. arc Plaintiffs and Armstrong World Industries, 24 Inc., Monsanto Company and American Mineral Spirits 25 Company arc Defendants. Condcnsclt!1 APPEARANCES JUNE 23, 1998 Page 3 By Telephone For the Plaintiffs: Mr. Brian O'Connor, Esq. Law Offices of Gary Ginsberg Atrium II, Suite 101 3000 Atrium Way Mt. Laurel, New Jersey 08054 By Telephone For the Defendant'American Mineral Spirits: Ms. Susan Karlovich, Esq. Wilson, Elser, Moskowitz, Edclman & Dicker Two Gateway Center Newark, New Jersey 07102*5311 For the Dcfcndant/Monsanto: Mr. Christopher DiMuro, Esq. Latham & Watkins One Newark Center Newark, New Jersey 07101-3474 Mr. Richard A. Coughlin, Esq. Smith, Helms, Mulliss & Moore, L.L.P. 300 North Greene Street Suite 1400 Greensboro, North Carolina 27401 For the Defendant/Armstrong World Industries, Inc.: Mr. Craig Turet, Esq. Duane, Morris & Hcckschcr, LLP One Liberty Place Philadelphia, Pennsylvania 19103-7396 Page 2 Page 4 1 it is HEREBY STIPULATED AND AGREED by and between 2 counsel for the Plaintiffs and counsel for the Defendants 3 that this deposition may be taken in shorthand by 4 Tammie A. St. Arbor, CSR and notary public, and afterwards 5 transcribed into printing, and signature by the witness 6 expressly reserved. 7 ***** 8 ROBERT KELLER, 9 of lawful age, produced, sworn, and examined on behalf of 10 Defendant/Armstrong World Industries, Inc., deposes and 11 says: 12 EXAMINATION 13 QUESTIONS BY MR. TURET: 14 Q. Good morning, Dr. Keller, my name is Craig 15 Turet. We met a moment ago. I'm here representing 16 Armstrong World Industries which as you may know is a 17 defendant in this case. Have you ever been deposed before 18 today? 19 A. Yes. 20 Q. How many times approximately? 21 A. Several times. 22 Q. Okay. So I'm sure you're well familiar with 23 what you'll see and hear today. I'm going to ask you a 24 series of questions. You'll be expected to answer them as 25 accurately as you can I'm not asking you to speculate or Page 2 - Page 4 HARTOLDMONOOQ7699 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 5 Page 7 1 guess, but rather just to give me your best recollection 1 development work and research of that type. 2 of the information I'm asking for. If you don't hear any 2 In 1952,1 joined Monsanto in St. Louis, the 3 question or you don't understand it, just let me know. 3 organic chemicals division as a research, senior research 4 I'll be happy to repeat it or rephrase it. But if you do 4 chemist. This was in the analytical area of the physical 5 answer a question, that would both indicate you heard it 5 chemistry group in the organic chemicals division R&D 6 and understood it. Is that acceptable? 6 department. 7 A. Very good. 7 After two years doing work on method 8 Q. Also, you understand that your testimony is 8 development, 1954,1 was made project leader. This was 9 being taken down in writing by the court reporter. There 9 simply an expanded version of what I had already been 10 will be a written transcript created and if for any 10 doing, analytical investigations and method development 11 reason, you're not available at the time of trial, your 11 In '56,1 was made a research group leader with, 12 testimony in writing could be introduced just as if you 12 and these are all now Monsanto, organic chemicals 13 were testifying at trial. 13 division. A research group leader responsible for an 14 A. I understand. 14 analytical group which had just been formed. 15 Q. Also if you need to take a break at any time, 15 Q. Sir, let me stop you for just a moment. Sir, 16 just let me know. We'll be happy to accommodate you as 16 let me take you back since I'm going to take you back 17 long as there isn't a question outstanding. Can you just 17 through these anyway and ask some questions 18 state your full name for the record first? 18 A. Okay. 19 A. First name is Robert, last name is Keller, 19 Q. Why don't we go back to the time when you 20 K-E-L-L-E-R. 20 started with Monsanto in 1952 as a senior research 21 Q. Okay. And, Dr. Keller, can you give us a 21 chemist. You said that would have been the organic 22 thumbnail sketch of your educational background? 22 chemicals group? 23 A. Well, I have a very brief resume, a hand-out 23 A. It was within the organic chemicals division, 24 here that maybe will help the cause. 24 research and development department. And was in the 25 Q. Okay. Why don't we have this attached as 25 physical chemistry group of that department. Page 6 1 Exhibit Keller 1. 2 (Exhibit Keller 1 was marked for identification 3 by the reporter.) 4 Q. (By Mr. Turet) Okay. And, Dr. Keller, is the 5 document that has just been marked as Keller 1 a copy of 6 your updated CV? 7 A. Would you like for me to review this? Page 8 1 Q. And what did the physical chemistry group of 2 that department do? 3 A. Well, they're involved with all types of 4 physical measurements. This could be anything from vapor 5 pressures, surface tension, thermal stabilities, special 6 studies of that type. 7 Q. So arc these physical constants of a particular 8 Q. No. I'm just asking if that is the curriculum 9 vitae you just give us and we marked as Keller 1 ? 10 A. That's right. 11 Q. Can you walk us through it briefly? 12 A. Yes. Education as indicated, BS, MS, PhD 13 degrees in chemistry. All from the University of Iowa. 14 PhD, 1950. Actually, you could put a 1 there, 1951. 15 Actually, I got my degree in '51 in February because I 16 went back for graduation. I took a job mid-50, so it's a 8 chemical? 9 A. Yes. 10 Q. And what specifically were your responsibilities 11 as a senior research chemist? 12 A. 1 was, my responsibility was to develop 13 methodology and handle special analytical projects. This 14 would be by both chemical and instrumental techniques. 15 Q. And are these techniques that would end up 16 determining vapor pressure or -- 17 question of when did I graduate I guess. 18 Employment. Out of the University of Iowa, I 19 was one year, in '49 an instructor at the University of 20 Iowa because they lost one of their instructors and I was 21 available, working for my PhD. 22 In '51, '50 and '51, out of school, took a job 23 as a senior research chemist at Smith, Kline, and French 24 Laboratories located in Philadelphia. This was in the 25 research department and analytical group doing method 17 A. No. These were techniques directed toward 18 identifying and measuring a variety of organic and 19 inorganic components in products, process materials, etc. 20 Q. Why would, why would there be a need for that 21 type of testing? Can you give me an example? 22 A. It's necessary to support the research going on 23 in the R&D department directed toward new products and 24 process development. This was a support function, 25 technology support function. Page 5 - Page 8 HARTOLDMON0007700 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 9 Page 11 1 Q. I see. And how did those types of job 1 could be chemical and instrumental techniques. 2 responsibilities change as you became a project leader? 2 Q. Now the techniques that were being developed, 3 A. It would be primarily an expansion of the job. 3 were they techniques that were then sold to others outside 4 Same thing, a little larger scale. And I'd have a person 4 of Monsanto? 5 or two that would work with me. 5 A. No, this was all internal. 6 Q. Did you mostly work by yourself when you were a 6 Q. So if instruments were developed to be able to 7 senior research chemist? 7 perform these tests, they would be done internally at 8 A. Pardon? 8 Monsanto? 9 Q. Did you work primarily by yourself when you were 9 A. It would be internal. 10 a senior research chemist? 10 Q. Now you made research group leader between 1956 11 A Yes. 11 and 1962? 12 Q. With whom didyou work as a project leader? 12 A. Yes. 13 A. Who didI work with? 13 Q. How large was this -- let me withdraw that. 14 Q. Yes. 14 During that time period, how many people worked 15 A. That was, Dr. Munch was my supervisor. He was 15 under you? 16 head of the physical chemistry group. 16 A. Six to eight. 17 Q. Now, is it the physical chemistry group as of 17 Q. And who was your immediate supervisor? 18 the mid 1950's that would perform testing to determine the 18 A. My immediate supervisor was, let's see, that's 19 physical constants that you described before? 19 '56 to '62. Again, that would be Dr. Munch 20 A. They certainly would be involved, yes. The R&D 20 Q. Now how was responsibility apportioned among 21 groups of the business groups could do some of that 21 those who worked in this research group? 22 themselves, but normally, they would come back to a 22 A. I don't understand. 23 support group. In this case, the physical chemistry 23 Q. Okay. Were there specific subspecialties 24 group. 24 assigned to each person who worked under you? 25 Q. Was Paul Benignus also part of the same group 25 A. Each person within the group had an expertise Page 10 1 that you described? 2 A. Paul Benignus was in marketing sales which was Page 12 1 and it was primarily, each would work that way. Some had 2 more expertise than others in different types of methods 3 in the organic chemicals division but part of the 4 marketing arm, sales arm. 5 Q. Even back in the 1950' s? 3 It was a combination. 4 Q. Okay. During your lime as a research group 5 leader, did you have occasion to work on any projects that 6 A I'm not sure back that far. At one point he, he 7 would have moved into sales. I can't comment on that. 8 Q. Okay. Now you're main project leader for a 9 couple of years. Did your responsibilities change at all 6 involved PCBs? 7 A. Not that I can recall. 8 Q. Were you called upon in your time as a research 9 group leader to perform tests on specimens taken outside 10 during those two years? 11 A. Just larger in scope and assignment and assisted 10 of the company to determine its composition? 11 A. None that I can recall. But we did have from 12 more than before. 13 Q. Now during your time as a senior research 14 chemist and project leader up until 1955, did you have any 12 time to time perhaps through the sales department a 13 special request. But I can't recall any for you. It was 14 very minor. 15 specific assignments that related to PCB products? 16 A. No. 17 Q. Now, you then went on to become research group 18 leader And I believe that's when I started cutting you 15 Q. Okay. You then went on between 1963 and 1966 to 16 become senior research group leader. Can you tell me how 17 your job responsibilities differed in that position? 18 A. It was primarily an expansion of that group. A 19 off before. Can you tell me a little bit about what you 19 little larger; a little more responsibility. It was at 20 did as a research group leader? 21 A. All right. This group was a new group that was 20 this point going through a growth period. And as we get 21 into the next positions, it will be perhaps more apparent, 22 just formed out of the physical chemistry group. And this 23 was to work with members of the group on developing, again 24 analytical methods needed to support product development, 22 but it was an expansion of my earlier research group 23 leader duties for the senior research group leader 24 Q. Okay. When you became senior research group 25 process development, special studies by R&D groups. They 25 leader, were there more research group leaders that Page 9 - Page 12 HARTOLDMON0007701 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 13 Page 15 1 responded that were under you? 1 A. Martin Dietrich. 2 A. No. 2 Q. Okay. That takes you through 1969. In 1970, 3 Q. Okay. Were there more -- 3 you became manager of applied sciences? 4 A. People -- 4 A. Yes. 5 Q. -- people underneath you? 5 Q. And what were your responsibilities in that 6 A. Yes. Several at least. 6 position? 7 Q. So the group rose from six to eight up to eleven 7 A. This was a further expansion of what we've 8 or twelve? 8 already described. This applied sciences was formed 9 A I'd say six to nine or ten. 9 consistent with the corporation forming the Monsanto 10 Q Nine or ten. And did Dr. Munch continue to be 10 Industrial Chemicals Company out of or by joining the 11 your supervisor during your time as senior research group 11 former organic chemicals division with the organic 12 leader? 12 chemicals division. Two divisions became Monsanto 13 A. Yes, he did. 13 Industrial Chemicals Company. And because with that, 14 Q. Did Dr. Munch have a particular area of 14 there were more in-house clients or R&D groups to be 15 expertise? 15 supported, the support technology area, which we called 16 A. Physical chemistry. 16 applied sciences, was formed to take care of that. 17 Q. And did you have a particular expertise? 17 Q. Okay. And within that position, or perhaps I 18 A. Analytical chemistry with expertise in both 18 should say under the supervision of that position, did 19 chemistry, chemical and instrumental techniques. 19 there remain an analytical chemistry group, a physical 20 Q. All right. Then you became section manager 1967 20 chemistry group, an instrument development group and 21 to 1969? 21 spectroscopy group? 22 A. Yes. 22 A. Yes. 23 Q. Ilow did your responsibilities differ in that 23 Q. Were there any groups added? 24 position? 24 A. Yes. Well, through that period, there was 25 A. Well, this was at the point where, by design, we 25 computer activities, statistics, audio chemistry, with a Page 14 Page 16 1 were building several groups which were analytical 1 broad ADC license, later in this period, an environmental 2 chemistry, physical chemistry, and what we call instrument 2 testing group 3 development which was a group which developed instruments 3 Q. When did the environmental testing group come 4 for process applications. So there were three groups 4 into effect? 5 primarily initially when, when the section was formed with 5 A. That would be toward mid '70's. 6 those three groups. And I was section manager of those 6 Q. Who initially headed that group? 7 groups. 7 A. Dr. Miuere, M-I-U-E-R-E. 8 Q. So each of those groups functioned independently 8 Q. By the way, when you were a section manager 9 but under your supervision? 9 initially, I thought you said there were three groups and 10 A. Uh-huh. 10 then you added the forth one which was this spectroscopy 11 Q. Can you tell me briefly what the analytical 11 group. Was the spectroscopy group also under your 12 chemistry group would have been responsible for as 12 supervision? 13 distinguished from the physical chemistry? 13 A. The spectroscopy group spun out of the 14 A. Well, again, it would be development of new 14 analytical group along the way. Started three then became 15 methods and special studies, analytical studies to support 15 four. 16 the R&D groups of the division. 16 Q. You were made manager of applied sciences 17 Physical chemistry would be the same as 17 through 1981? 18 described earlier. . 18 A. Yes. 19 And the instrument development group, as I 19 Q. And then you became manager of applied 20 commented, would be on development of instruments to 20 technology? 21 monitor processes, that type of thing. 22 And the other group that was formed at this time 21 A. Yes. 22 Q. And what did your position involve as a manager 23 was a spectroscopy group which involved sophisticated 23 of applied technology? 24 instrumentation such as infrared, mass spectrometry, etc. 24 A. Essentially, the same as applied sciences. 25 Q. And who headed the spectroscopy group? 25 Applied technology was used because at that point. Page 13 - Page 16 HARTOLDMON0007702 ROBERT KELLER _____Condenselt!TM ____ JUNE 23, 1998 Page 17 Page 19 1 Monsanto Industrial Chemicals Company chose to call their 1 did he work with you? 2 R&D efforts part of a technology rather than research. So 2 A. Well, Scott Tucker, going back perhaps, the best 3 consistent with that, we were called applied technology. 3 way to focus on that would be to go back to the senior, 4 Same groups, same efforts, just a name change. 4 the section manager. Scott was hired in '67 to '69 5 Q Okay. And did you retire from Monsanto in 1985? 5 approximately, approximately '67 into the spectroscopy and 6 A. Yes, 1 did. 6 or analytical group. And he then became the principal 7 Q. Okay. Now, you're listed as a consultant in 7 analytical researcher starting with that. 8 1986 to '89. What kind of consulting work did you do? 8 And he was made group leader of the analytical 9 A. Well I worked with certain others who also had 9 group. My best recollection on that would be either '70 10 retired from Monsanto. And, for example, working with 10 or '71. And while Scott was developing and being groomed 11 small laboratories on making evaluations for them on how 11 to be a group leader, the analytical group at that point 12 to best operate analytically and within the areas I had 12 reported to me. 13 expertise in. 13 Q. So if I was to go back into that 1967 to roughly 14 Q. And who were the other retirees from Monsanto 14 1970 time frame, he would have reported to you and you 15 that you worked with? 15 would have reported to Dr. Munch? 16 A. This would be Ned Kleine, K-L-E-I-N-E. He would 16 A. That's correct. Well, correction, not Dr. Munch 17 be the principal one. 17 at that point. I don't think we discussed that. I 18 Q. Did you do any work for Monsanto as a consultant 18 stopped reporting to Dr. Munch at the point I became 19 between '86 and '89? 19 section manager. 20 A. No, I did not. 20 And I reported at that point to a Harold 21 Q. Did you do any work in connection with legal 21 Hubbard, H-U-B-B-A-R-D, followed by an Oliver DcGarmel. 22 cases that involved PCBs? 22 Followed by, in '70 and '71 a Tracy Patrick. 23 A. What do you mean? Any legal cases and PCBs? 23 Q. Going back into the 1967 to 1970 time frame, 24 Q Did you have, let me rephrase it. 24 sir, who was William Richard and what position did he hold 25 Apart from any testimony about your own personal 25 with Monsanto? Page 18 Page 20 1 experiences while you worked at Monsanto, did you do any 2 consulting work that related to pcbs? 3 A. No. 4 Q. And that would be for Monsanto or anybody else? 1 A. He was director of research, or manager of 2 research, 1 don't recall the exact title, for the 3 functional fluids business group. And it was his 4 responsibility to develop new functional fluid products, 5 A. That is correct. Except for a deposition. 6 Q. Okay. And lastly, it shows you as an 5 etc. 6 Q. And was his counterpart in the Plasticizer group 7 independent contractor from 1990 to 1991 for the St. Louis 7 Martin Ferrar? 8 Science Center. What was the nature of your 9 responsibilities there? 8 A. Correct. 9 Q Now, I believe I asked you up through the 10 A. This was a two-year project to develop new 10 research group leader position whether you had done any 11 exhibits for the science center which was going to be 12 built and ready to open come '91. 11 work on pcbs. I'm not sure if I asked you whether as a 12 senior research group leader you did any work on PCBs. 13 Q. Okay. 14 A. And this was, my pay came jointly from the 15 St. Louis Science Center and the National Science 16 Foundation. They funded part of the Science Center work. 13 Did you? 14 A. Not that I recall. I'll have to qualify that. 15 When you say work, let's make sure we're both saying the 16 same thing. Let's say any involvement with PCBs would 17 Q. Now, this CV leaves off in 1991. Other than 18 retirement, have you, have you been employed since then? 19 A. No. No. 20 Q. Are you still doingconsulting work? 21 A. No. 22 Q. Dr. Keller,going back for a moment. I've seen 17 come late 1966 and from then on. 18 Q. And was that point at which the Swedish studies 19 were first publicized? 20 A. Correct. 21 Q. Before we get to that, if we were to go back in 22 time to the early 1960's and wanted to determine whether 23 the name Dr. Tucker, Scott Tucker is it? 24 A. Yes. 25 Q Referred to in the documents. Who is he and how 23 there were chemicals present in water, what methods would 24 you use to do identify that? 25 MR. DIMURO: Object to the form. You can answer Page 17 - Page 20 HARTOLDMON0007703 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 21 Page 23 1 it if you can. 1 until these two systems had been put together that this 2 Q. (By Mr. Turct) Do you understand the question? 2 was, had been done. 3 MR. dimurO: You can answer it if you can. 3 Q. (By Mr. Turet) Now going back into the early 4 A. Can you repeat the question? 4 '60's, going back into the early '60's, was there such a 5 Q. (By Mr. Turet) Okay. I'll just make it more 5 thing as a gas chromatograph? 6 precise. If one was trying to determine back in 1960 6 A. Oh, yes. 7 whether pcbs were present in water, what instruments or 7 Q. And was there such a thing as a mass 8 techniques would one have used to identify them? 8 spectrometer system? 9 MR. DIMURO: I'll object to the form. Again, 9 A. This was a mass spectrometer system which was 10 you can answer, Dr. Keller. 10 used as needed but not to the extent of gas 11 A. To do the absolute identification measurement, 11 chromatography. 12 we would have to do what was done in the period of '67 12 Q. So the gas chromatography was the one that was 13 through '69 with a oc/mass spectrometer system. 13 most commonly used at the time? 14 Q. I'm going to take you through the time frames. 14 A. Yes. Uh-huh. 15 I take it in 1960, there was no GC/mass spectrometer 15 Q. What were some situations back in the early 16 system? 16 '60's that you can remember where the mass spectograph 17 A. There was a mass spectrometer system but it was 17 system was called upon? 18 not hooked up to a gas chromatograph. 18 MR. DIMURO: Object to the form. You can 19 Q. Well let me just break these two pieces apart 19 answer, Dr. Keller. 20 for a moment. Can you tell me what a mass spectrometer 20 Q. (By Mr. Turet) Do you understand my question? 21 system is and what it docs? 21 A. No. 22 A. Well, it's, let me tell you that and preface it 22 Q. Well you mentioned thatthe mass spectrograph 23 so maybe it's better focused with GC. 23 system existed in the early '60's and just wasn't used as 24 Q. Okay. 24 frequently as the gas chromatograph system. Why would a 25 A. Do you understand what the Gc instrument docs? 25 mass spectrograph system have been used back in the Page 22 Page 24 1 Q. Well, I'd rather have you explain it all so that 1 1960's? 2 I understand it. 2 A. Well, the mass spectrograph was used at those 3 MR DIMURO: Actually, you can't ask him any 3 stages largely by the oil industry. That type of material 4 questions, Dr. Keller, so you need to answer his 4 lended itself very well to analysis by mass spectroscopy. 5 questions. 5 The chemical business that we were in did not deal with 6 THE WITNESS: All right. Sorry. 6 oil type, gas type products. 7 MR. TURET: That's fine. 7 And to further clarify this, in our immediate 8 A. The gas chromatography that's been discussed 8 labs, we really didn't have an operating mass spectroscopy 9 throughout can separate components of a picture based on 9 function before 1966. Other laboratories such as refinery 10 distillation and so forth as column elution, 10 labs would have been spectroscopy. But we did not use it 11 E-L-U-T-I-O-N, elution through a column. - 11 as an analytical tool in those early stages. 12 PCBs when put through a gas chromatograph column 12 Q. What prompted Monsanto to obtain a mass 13 will give a trace on a piece of paper with peaks. And 13 spectrograph system in 1966 if you know? 14 those peaks will resemble or represent isomeric components 14 MR. DIMURO: Object to the form. You can answer 15 within the PCBs. However, that alone will not identify 15 it, Dr. Keller. 16 what you're looking at as PCBs because any number of 16 A. Pardon? 17 materials put through the same system could give you the 17 MR. DIMURO: You can answer it. 18 same peaks 18 A. The work ofWidmark and Jensen in Sweden. 19 Now, to absolutely identify what you're getting 19 Q. (By Mr. Turet) And did you participate in the 20 out on these peaks, then you need the mass spectroscopy 20 decision to obtain a mass spectrograph system? 21 and that instrument then bombards the sample in question 21 A. Yes. 22 into different chemical components so that you can 22 Q. When in1966 as best youcan recall did that 23 identify what that material is. 23 system get purchased by Monsanto? 24 That's the reason the two together are needed to 25 positively identify pcbs and an unknown. And it wasn't 24 A. 1967. 25 Q. I'm sorry, I thought I understood you to say it Page 21 - Page 24 HARTOLDMON0007704 ROBERT KELLER Condensclt! TM JUNE 23, 1998 Page 25 Page 27 1 was purchased in 1966. Did I misunderstand? 1 A. No. 2 A. I think you must have misunderstood. 2 Q. Did you know how to interpret the results that 3 Q. So Monsanto -- 3 came out of the GC/MS system? 4 A. I was referring to Jensen and Widmark's work in 4 A. No. 5 1966. 5 Q. Did the GC/MS system that Monsanto had as of the 6 Q. When in 1967 did Monsanto purchase the mass 6 end of '67 change in any way in 1968? 7 spectroscopy system? 7 MR. DIMURO: Object to the form. You can answer 8 A. It was early in the year and wc were operational 8 it, Dr. Keller. 9 by year end 1967. 9 A. No. 10 Q. Pardon my ignorance, I've never seen a mass 10 Q. (By Mr. Turet) Did the same system continue to 11 spectroscopy system. Does it take a year to set up? 11 be used throughout 1968? 12 A It's a complex system, requires expertise where 12 A. Yes. 13 someone has to study and work with it at least six months 13 Q. Did it continue to be used by Monsanto through 14 to become competent. 14 the 1969 as well? 15 And perhaps I could clarify this further for 15 A. Yes. 16 you The system wc bought was a German system, mass 16 Q. How about 1970? 17 spectrometer system that came from Germany. The reason 17 A. Continued to be used. 18 being, there really wasn't a U S. system available to us 18 Q. Was that -- 19 at that point. And when I say system, I'm talking about 19 A. Now, I will add one point to your yes. We 20 where the gas chromatograph was connected to the mass 20 computerized this system a year or two later which made it 21 spectrometer. That had to be a total package. 21 possible to do more than without the computer. So at that 22 Q. But the intention with the mass spectroscopy 22 point, it was called computerized GC/MS system. And as I 23 system was to hook it up to the gas chromatograph? 23 best recall it, that computer would have been put in one 24 A. Yes. It was used as a full operated GC/mass 24 to two years later. 25 system. 25 Q. So that's probably sometime in '68 to '69? Page 26 Page 28 1 Q The oc system, was that what Monsanto already 1 A. In that area somewhere. 2 possessed? 2 Q. Okay. Did the computerization do anything more 3 A. Well, we bought additional GC systems at that 3 than speed up the process? 4 point so we'd have new systems to go with the new mass 4 A. Of the primary benefit. 5 spectrometer. 5 Q. Okay. Did it improve the actual ability of the 6 Q. So by the year end 1967, you had, Monsanto had 6 computerized system to interpret the samples that it was 7 up and running a gas spectroscopy, I'm sorry, gas 7 given? 8 chromatograph slash spectroscopy system? 8 A. It made it possible to handle larger numbers of 9 A. We had reached the point that we were getting to 9 GC fractions more accurately, but it was, that was about 10 be able to use it perfcctively at the end of '67. 10 it. 11 Q. Would you understand what I meant if I used the 11 Q. Did it -- withdraw that question. 12 initials MS G, the initials? 12 Okay. But other than adding the computer to it 13 A. That's the same thing. 13 to improve the speed and officialcy of the system, the 14 Q. I think the court reporter would appreciate it. 14 system remained the same from 1967 through until 1970 at 15 A. Usually it's GC MS with a slash in between them. 15 least? 16 Q. Okay. Now, when the MS system was first 16 A. Yes. 17 purchased, did Monsanto already have a researcher on staff 17 Q. Did it, did it continue to be the - let me 18 who was trained to use it? 18 withdraw the question. 19 A. No. We had to train on the job. 19 Was it essentially a state-of-the-art system as 20 Q. Was Dr. Tucker the first one to be brought in to 20 of 1967? 21 be trained on the job? 21 MR. DIMURO: i'll object to the form. You can 22 A Dr. Tucker was the focal point on that, uh-huh. 22 answer it, Dr. Keller. 23 Q. And he was under your supervision at the time? 23 A. Yes, it was a state-of-the-art system. 24 A. Yes. 125 Q. Did you learn how to use the GOMS system? 24 Q. (By Mr. Turet) Did it remain a state-of-the-art 25 system in 1968 and '69? Page 25 - Page 28 HARTOLDMON0007705 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 29 Page 31 1 MR. DIMURO: Same objection. You can answer, 1 the peaks appear to be the same from the other materials? 2 Dr. Keller. 2 A. You would have interfering peaks to the peaks of 3 A For what we were doing, yes. Others might have 3 the pcbs at various points. 4 been further advanced in such a system. 4 Q. And when you say pesticides, does that include 5 Q. (By Mr. Turet) Okay. Specifically for the 5 DDT? 6 purpose of analyzing the presence of PCBs in water or 6 A. Yes. 7 other materials, was it a state-of-the-art system from 7 Q. Anything other than DDT that interfered with the 8 1967 to 1970? 8 peaks from PCBs? 9 MR. DIMURO: Object to the form. You can 9 MR. DIMURO: Object to the form. You can answer 10 answer, Dr. Keller. 10 it, Dr. Keller. 11 A. Could I have that back? 11 A. I'm not able to tell you beyond this what 12 MR. TURET: Could you re-read that question? 12 others. 13 (The preceding question was read back.) 13 Q. (By Mr. Turet) Just out of curiosity, did the 14 MR. DIMURO: Same objection. 14 MS, pardon me, the GC/MS system change in 1971? 15 A. Yes. 15 A. No. 16 Q. (By Mr. Turet) Does the same system identify 16 Q. Okay. When do you remember the system that 17 the presence of PCBs in air? 17 Monsanto had being changed either through purchasing a new 18 MR. DIMURO: Object to the form. You can answer 18 unit or through getting rid of entirely the old unit? 19 it. Dr. Keller. 19 A. Well, I think we said earlier, I think I said it 20 A. It was capable of doing that. 20 was '67. 21 Q. (By Mr. Turet) Was it used for that purpose 21 Q. No. No, I'm sorry. Once Monsanto had the GC/ms 22 during the 1967 to 1970 time frame? 22 system, 1 think you testified before that it was still in 23 A. Yes. 23 place as of 1970. How long did it remain in place? 24 Q Did the same system have the capability of 24 A. Continuous from then on. 25 identifying the presence of PCBs in soil? 25 Q. So to the best of your knowledge, it was still Page 30 1 A. Yes. 1 in place in 1985 when you retired? 2 Q And was it used for that purpose by Monsanto 2 A. To the best of my knowledge. Page 32 3 during the 1967 to 1970 period? 4 A. I can't recall the period. At some point it was 3 Q. Okay. Now, Dr. Keller, let's go back to 1966. 4 When do you remember first hearing about the work of 5 used for soil. 5 Professors Widmark and Jensen? 6 Q. Just to clarify, I'm not sure if I phrased the 6 A. Well, that was an internal report from, from I 7 question properly before, was the system used by Monsanto 7 believe a Mr. Wood out of our Monsanto London office. 8 to identify PCBs in the air during the 1967 to 1970 time 9 frame? 8 Q. And what -- 9 A. Indicating that this work was being done by 10 A. I don't recall specifically air projects at 10 Widmark and Jensen. 11 work. It could have been done and I just don't remember 11 Q. Now, why don't we mark this as Exhibit Keller 12 it. 13 Q. But to the best of your knowledge, it was used 14 in that way by others? 15 A. Yes. 12 2. 13 (Exhibit Keller 2 was marked for identification 14 by the reporter.) 15 Q. (By Mr. Turet) Dr. Keller, I'm going to show 16 Q. And was it used by Monsanto to identify PCBs in 17 water during the 1967 to 1970 time frame? 18 A. Yes. 19 Q. Now, before there was the MS part of the 16 you a document that's been marked as Keller 2. For the 17 record, it's a document that is Bates Stamped twice, one 18 is STR 017390, or S000195. It's a December 1st, 1966 19 letter from D. Wood to G. Buchanan. 20 equation and we just had a GC system, what other 21 materials, if any, would have appeared to be like PCBs in 22 the printout? 20 MR. DIMURO: And are you going to represent this 21 document was not produced in this litigation? 22 MR. TURET: I'm not going to represent it, I 23 A. Well, you have interference from pesticides, 24 that type of thing. 25 Q. When you say interference, does that mean that 23 couldn't find it, but I'm not going to represent that it 24 wasn't produced in this case. 25 MR. DIMURO: I notice it doesn't have Bates Page 29 - Page 32 HARTOLDMON0007706 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 33 Page 35 1 numbers anywhere on these documents for this litigation. 1 A. No, I have not. 2 MR. TURET: That's correct. This may be a 2 Q. Can you describe for me the internal 3 document that was produced in this litigation. This was a 3 correspondence from Mr. Wood that you do remember that 4 document that was attached to a deposition transcript, but 4 remitted to the findings of Professor Jensen and Professor 5 I'm not prepared to represent that it was not produced in 5 Widmark? 6 this litigation. 6 A. My best recollection is that Mr. Wood contacted 7 MR. dimurO: Are you prepared, are you saying 7 the medical department. Dr. Kelly, Elmer Wheeler in 8 this document was attached to a deposition transcript that 8 St. Louis, as well as the functional fluids business 9 was produced by Monsanto in this litigation? 9 group, research director, manager, and passed the 10 MR. TURET: I believe that's correct. 10 information on to them. 11 MR. dimurO: Do you know which transcript? 11 Q. Did you say functional fluids research manager? 12 MR. TURET: I would be guessing, but I could get 12 A. Uh-huh. 13 you the answer to that. 13 Q. Was that Mr. Richard or Dr. Richard? 14 MR. dimurO: You can guess for me now if you 14 A. Yes. Uh-huh. 15 have an idea. 15 Q. Now do you recall after that what was the 16 MR. TURET: I'm guessing it was probably Scott 16 substance of what Mr. Wood communicated, if you remember? 17 because I think the first letter usually correlates - 17 A. Well, that would have been oral and 1 don't know 18 MR. dimurO: What do you mean? Is there an S? 18 exactly what he communicated. 19 Okay. 19 Q. So he told Dr. Kelly, Dr. Wheeler. Dr. Richard 20 MR. TURET: But I can get you an answer on 20 that Professor Widmark and Professor Jensen had identified 21 that. 21 pcbs in Sweden? 22 MR. DIMURO: Okay. 22 A. Yes. 23 Q. (By Mr. Turet) Okay. Dr. Keller, have you seen 23 Q. And to the best of your recollection, where had 24 this document before today? 24 the pcbs been found in Sweden? 25 A. No. 25 A. In Sweden, it was fish, aquatic life, certain Page 34 Page 36 1 Q Do you know who G.R. Buchanan in St. Louis was 2 or is? 3 A. I believe he was in marketing for fluids. I'm 4 not positive. The name I recognize. I'm having a problem 1 aquatic life, some birds. 2 Q. Do you remember whether Professors Widmark and 3 Jensen found pcbs in infants' hair? 4 A. I don't recall that. 5 trying to place him. 6 Q. All right. And who is R.A. Steenrod, if you 7 know, in St. Louis? 5 Q. Okay. Were there any meetings or discussions 6 that you participated in once Dr. Kelly, Dr. Richard and 7 Dr. Wheeler found out about these reports from Sweden? 8 A. I don't know him. 9 Q. How about D.V.N. Hardy, London? 10 A. Yes He was a retired Monsanto person who 11 worked out of Monsanto's London office on special 12 assignments. And if you were visiting someone in the 8 A. I can't recall any specific meetings. It 9 certainly was discussed. Whether there was a meeting 10 called to discuss it, whatever, I can't recall. 11 Q. Do you remember any documents being generated 12 that were circulated to you about the findings in Sweden? 13 United Kingdom involved with pcbs, he many times would 14 accommodate whoever made the visit. 15 Q. Now he was a previous, he was an employee of 16 Monsanto previously? 17 A. That was my understanding. 18 Q. Do you know what his position had been? 19 A No, I do not. 20 Q. And who was A. Arpino Brussels if you know? 21 A. I don't know who that is. 22 Q. Okay. That cover letter that appears to be 23 under the signature D. Wood, has attached the, it's a 24 letter on the letterhead of Rising & Strand from November 25 28, 1966. Have you ever seen that letter before? 13 A. No. 14 Q. Did you, to your knowledge, did anybody travel 15 to Sweden to meet with, from Monsanto to meet with 16 Professors Widmark and Jensen? 17 A. Yes. 18 Q. Okay. Who went to Sweden? 19 A. I went along with Elmer Wheeler. 20 Q. Just the two of you? 21 A. Uh-huh. Except for one call on Professor 22 Widmark and Jensen where Dr. Richard made that visit, that 23 one visit with us. 24 Q. So he visited on the part of the, the trip that 25 involved Dr. Jensen, did you say, or Dr. Widmark? Page 33 - Page 36 HARTOLDMON0007707 ROBERT KELLER Condcnselt!TM JUNE 23, 1998 Page 37 Page 39 1 A. Widmark. When we visited Widmark, Jensen was 1 recall detail. 2 not available. 2 MR. TURCT: Let me mark Keller 3. 3 Q. Okay. Let me take it back a step. What was the 3 (Exhibit Keller 3 was marked for identification 4 full itinerary of your trip, your trip and Dr. Wheeler's 4 by the reporter.) 5 trip together to Sweden? Was there something more than 5 Q. (By Mr. Turct) Dr. Keller, I'm going to show 6 meeting with Dr. Widmark? 6 you a document that's been marked Keller 3. It's Bates 7 A. Well, we were interested in getting up to speed 7 Stamped MAE 053933 dash 35. It's a January 26th, 1967 8 more on what Professors Widmark and Jensen had done from 8 letter from D. Wood to G. Buchanan. Have you ever seen 9 an analytical standpoint. And to get other information 9 this document before, Dr. Keller? 10 that might be of value to us in better assessing the part 10 A. No. 11 of the business unit, what the magnitude of the PCB 11 Q. Okay. Were you aware back in 1967 that Mr. Wood 12 problem might be. 12 had communicated to Mr. Benignus and to others in 13 Q. Dr. Wheeler didn't have any, or Mr. Wheeler 13 St. Louis and elsewhere that there was no doubt that the 14 didn't have any background in analytical chemistry, did 14 chemical which was the subject of the investigation news 15 he? 15 release in Sweden was chlorinated biphenyls Aroclor? 16 A. No. 16 MR. DIMURO: I'll object to the form. 17 Q. What was his purpose in making the trip? 17 A. I'm not aware of that. 18 A. He didn't make the trip. Dr., you're talking 18 Q. (By Mr. Turct) Do you recall any discussion 19 about Wood? 19 within Monsanto back that 1967 about a press release that 20 Q. Dr. Wheeler. 20 had been acquired by the company that supplied the mass 21 A. Oh, I'm sorry. I thought you said Wood. 21 spectrometer used by Jensen and Widmark? 22 Wheeler, his role was primarily from a toxicology role. 22 MR. DIMURO: Object to the form. Again, you can 23 Q. So you, is it Mr. Wheeler or Dr. Wheeler? 23 answer it if you can. 24 A. Mr. Wheeler. 24 A. What was your reference to the press release? 25 Q. Mr. Wheeler and Dr. Richard traveled together 25 Q. (By Mr. Turet) A press release issued by the Page 38 Page 40 1 and Dr. Richard participated only in that part of the trip 1 manufacturer of the mass spectrometer that had been used 2 that involved Professor Widmark? 2 by Jensen and Widmark. 3 A Yes. 3 A. And what is your question? 4 Q And when was the trip? 4 Q. Do you recall any discussions about a press 5 A. Spring of '69. 5 release having been issued in 1967 relating to the 6 Q. The trip was in spring of 1969? 6 findings of the pcbs in Sweden? 7 A. Uh-huh. 7 A. I can't recall a discussion. 8 Q Okay. Were there any trips closer in time to 8 Q. Do you remember anything, any discussions back 9 when the results of the tests in 1966 and '67 were 9 in 1967 about meetings that Mr. Wood and Monsanto may have 10 published? 10 had from capacitor manufactures in Sweden and the findings 11 MR dimuro: i object to the form. What tests? 11 of pcbs in the environment? 12 Q. (By Mr. Turct) We talked earlier about the 12 A. No. 13 studies of Professor Widmark and Professor Jensen, 13 Q. Do you recall any discussions back in 1967 about 14 correct? 14 comments made by Professor Jensen that he had been 15 A. Right. 15 approached by workers associated with chlorinated 16 Q. And those were the studies that identified the 16 biphenyls for nonelectric uses who were worried about 17 pens in the environment in Sweden? 17 possible effects on their health? 18 A. Well, this first study was actually the 18 MR. DIMURO: Object to the form. You can answer 19 publication they made in the New Scientist in 1966 telling 19 it, Dr. Keller, if you can. 20 what they had found and describing the methodology used. 21 That was a point of departure. 22 Q. Okay. To the best of your knowledge, did 20 A. No. 21 Q. (By Mr. Turet) Do you know one way or the other 22 whether Professor Widmark or Jensen asked Monsanto for 23 anybody from Monsanto contact Professors Widmark or Jensen 23 samples of pcb products to further their research back in 24 following the publication in the New Scientist in 1966? 24 1967? 25 A 1 can't recall anybody. If it was done, I can't 25 A. Not that I recall. Page 37 - Page 40 HARTOLDMON0007708 ROBERT KELLER Condense!t! TM JUNE 23, 1998 Page 41 Page 43 1 (Exhibit Keller 4 was marked for identification 1 back in July of 1968? 2 by the reporter.) 2 A. He was in the development department or 3 Q. (By Mr. Turct) Dr. Keller, I'm going to show 3 marketing department of the business group involved with 4 you a document that's been marked as Keller 4 which is a 4 this. 5 February 27, 1967 communication from R. Emmet Kelly, M.D 5 Q. When you say the business group, what docs that 6 to Dr. Dave Wood, Brussels. Have you ever seen this 6 mean? 7 before? 7 A. Well, this would be the fluids. 8 A. No, I have not. 8 Q. Oh. Now, is this article from the New Scientist 9 Q. Okay. The last sentence in this particular 9 the one you referred to before as the Widmark and Jensen 10 communication says, I think we should fight the battle of 10 publication? 11 the analytical method first before we get too involved 11 A. Yes. 12 with toxicology. Did you, do you have any understanding 12 Q. And where -- 13 of what that means? 13 A. Hold one moment, please. Yes. My yes stands on 14 MR. dimuro: rll object to the form. You can 14 that. 15 answer it if you know what Mr. Kelly was writing. 15 Q. Okay. And down below the document from 16 MR. TURET: Dr. Kelly. 16 Mr. Paton says their theory on how pcb finds its way into 17 mr dimuro. Dr. Kelly. 17 fish and later humans is an all-embracing one. That 18 A. Well, I'm sure that Dr. Kelly was referring to 18 theory is correct, isn't it. 19 getting our oc/mass spectrometer system up and running. 19 MR. DIMURO: Objection. Form. If you can 20 This was in early '67. And we had it running at the end 20 answer that question, Dr. Keller, go ahead 21 of'67. 21 A. I can't add anything to that. I don't know. 22 Q. (By Mr. Turet) All right. And in the first 22 MR. TURET: Mark this as Keller 6. 23 sentence of the communication, it says thank you for the 23 (Exhibit Keller 6 was marked for identification 24 information you sent me. I'm having your analytical 24 by the reporter.) 25 people as well as NCR here in the States evaluate it. 25 Q. (By Mr. Turet) Dr. Keller, I'm going to show Page 42 Page 44 1 Were you one of the analytical people that Dr. Kelly was 1 you a document that's been marked Keller 6, Bates No. 2 referring to there? 2 MAE 053515. I recognize there are essentially two 3 A. I can't answer that. It could have been Scott 3 handwritten notes on the same page, but this is the way it 4 Tucker. 4 was produced. 5 Q. Okay. And why, if you know, would Dr. Kelly 5 A. Yes. 6 have referred specifically to NCR in connection with 6 Q. Have you seen this document before today? 7 evaluating the data supplied by Dave Wood? 7 A. Well, I'd have to say yes. That's my 8 A. Repeat your question, please. 8 handwriting. 9 Q. Why did Dr. Kelly specifically refer to NCR, if 9 Q. Yours is at the bottom? 10 you know, as someone who here in the States would evaluate 10 A. Uh-huh. 11 the data supplied by Dave wood? 11 Q. The top memo is dated 12/2/68 from wer. William 12 A I don't have an answer for that. 12 Richard to Bob Keller. It says, if I'm reading it 13 MR. TURET: Let's mark that as Keller 5. 13 correctly, Kanagafucha in Japan has apparently poisoned 14 (Exhibit Keller 5 was marked for identification 14 people and chickens with edible oil slash Aroclor from a 15 by the reporter.) 15 leaking heat transfer system. Is that a reference to 16 Q. (By Mr. Turet) Dr. Keller, I'm going to show 16 Yusho if you know? 17 you a document that's been marked as Keller 5 which is 17 A. I would assume so. 18 Bates Stamped MAE 053518, a July 31, 1968 memo from 18 Q. In the memo that's signed Bob, who is L Fowler? 19 Gumming Paton. Have you seen this document before today, 19 A. He was the group leader responsible for the 20 Dr. Keller? 20 instrument development group in applied sciences. 21 A. It has my name on it, but I don't recall it. 21 Q. And why was your handwritten memo addressed to 22 Q. You're listed as a recipient of the memo? 22 him? 23 A. Yes. 23 A. The only thing I can believe on this, the way I 24 Q. Who was Cuinming Paton, the author of this? 24 wrote it was that Dr. Fowler was a good PhD physical 25 Perhaps I should ask, what was Cumming's Paton's position 25 chemist and was using him simply as the sound board on Page 41 - Page 44 HARTOLDMON0007709 ROBERT KELLER Condcnselt! TM JUNE 23, 1998 Page 45 Page 47 ] this. There would be no direct involvement that I'm aware 1 Q. (By Mr. Turet) The second name, it's slightly 2 of on this from Dr. Fowler's standpoint. 2 smudged. But were you R. Keller as those addresses are 3 Q. And who was M. Grogan? 3 read? 4 A. He was a PhD physical chemist in cither the 4 A. I would assume so. 5 analytical or physical chemistry group of applied 5 Q. Have you ever seen this document before today. 6 sciences. 6 (Mr. Coughlin re-entered the deposition room.) 7 Q. And -- 7 MR. DlMURO: Take your time reading through it, 8 A. He is deceased. 8 Doctor. There's a lengthy attachment. 9 Q. Okay. And why did you address the memo to him 9 Q. (By Mr. Turet) For whatever it's worth, I'm not 10 as well? 10 going to quiz you on the attachment except to the extent 11 A. I don't remember what the thrust at that point n of something I specifically point to. 12 was going to be on this. 12 (Mr. Dimuro exited the deposition room.) 13 Q. Just back at the top very quickly under the, on 13 A. Well, what's in this memo, I was aware of at the 14 the William Richard part, he appears to propose to you two 14 time. I don't recall that this is the way I learned about 15 different actions. One, our testing for Aroclor in edible 15 it, out of this memo. I just don't recall this memo. 16 oils; and two, going after the better customer test 16 Q. Fair enough. Why don't we use this as an 17 apparatus. Is that how you read this as well? 17 opportunity to break then. 18 A. Are you looking at this? 18 (A short break was taken.) 19 Q. Yes. In Parentheses A and in Parentheses B. 19 (Mr. Dimuro re-entered the deposition room.) 20 A. Point. Okay. 20 MR DIMURO: Did you finish with this document? 21 MR DIMURO Actually - 21 MR. TURET: No. 22 Q. (By Mr. Turet) Here it says our testing for 22 Q. (By Mr. Turet) Do you remember one way or the 23 Aroclor in edible oils and here, going after, I think it 23 other, Dr. Keller, whether you learned about the results 24 says the better customer test something. 24 of Dr. Risebrough's study before it was published? 25 A. Let me read this. 25 A. Yes. I'm quite confident that I did leam Page 46 Page 48 1 MR. DlMURO: Take your time and read the whole 1 before it was published. 2 note. 2 Q. From whom? 3 (Mr. Coughlin exited the deposition room.) 3 A. I best recall this was from Elmer Wheeler. 4 A. I can't interpret what Bill Richard was really 4 Q And were, were you given any specific 5 pointing to on those As and Bs. 5 assignments as to do anything in particular as a result of 6 MR. IURET: Okay. Let's mark this as Keller 7 6 the Risebrough work? 7 (Exhibit Keller 7 was marked for identification 7 A. I don't recall that. 8 by the reporter.) 9 Q. (By Mr. Turet) Dr. Keller, I'm showing you a 8 MR. turet: Let's mark this as Keller 8. 9 (Exhibit Keller 8 was marked for identification 10 document that's been marked as Keller 7 which is an 10 by the reporter.) 11 October 21, 1968 letter from Elmer Wheeler to W.R. Richard 11 Q. (By Mr. Turet) Dr. Keller, you're being shown a 12 with an enclosure. It's Bates Numbers, actually, it's two 12 document marked Keller 8, Bates Stamped No. mae 053634 13 sets of Bates Nos. prr 050542 and SCM 051029. 13 It's a February 18, 1969 communication from R. Emmet Kelly 14 MR. DlMURO: And this document, do you know 14 to J.R. Durland. I'm not going to ask you about the whole 15 where this document came from? 15 document if it's helpful. I can refer to a sentence or 16 MR. TURET: Yes. It was obtained as part of a 17 deposition transcript. 16 two. 17 MR. dimuro: Did you ask him whether he's seen 18 MR. DlMURO: Of Dr. Kelly? 18 it before yet? 19 MR TURET: Yes. 19 MR. TURET: No, that's going to be my first 20 MR DlMURO: Okay. ' 20 question. 21 Q. (By Mr. Turet) Dr. Keller, your name appears up 21 Q. (By Mr. Turet) Have you seen it before today? 22 at the top. 22 A. No. 23 MR. DlMURO: Actually, he's not Kelly. 24 MR TURET: I think I said Dr. Keller. I meant 23 Q In this document, there's a statement that the 24 unidentified hydrocarbon was later shown to be Aroclor, 25 to say that. 25 which one I am not sure and I even get varying Page 45 - Page 48 HARTOLDMON0007710 ROBERT KELLER Condenselt! JUNE 23, 1998 Page 49 Page 51 ] statements. 1 My question, Dr. Keller, is as of March of '69, 2 A. What paragraph is that. 2 was there a difference of opinion to your knowledge within 3 Q. The second paragraph down, begins with this 3 Monsanto as to whether the substance identified in the 4 unidentified hydrocarbon. 4 Swedish work was or was not PCB? 5 A. All right. 5 A. Well, it's my impression that most researchers 6 Q. And it says I even get varying statements from 6 were giving Jensen and Widmark the benefit of the doubt on 7 our organic analytical people as to whether the 7 their findings come, say, late 1968, '69. Others that 8 scientist's statement is correct or not. Do you recall 8 were coming in and doing this type of work seemed to be 9 whether there was a debate within Monsanto as to whether 9 supportive of their findings. 10 the work of Dr. Risebrough was accurate or not? 10 Q. And Monsanto had the GC/MS system in place since 11 A. I don't recall that. Perhaps Scott Tucker who 11 the end of 1967 which would conclusively determine whether 12 would be more close to the actual work and this work 12 it was PCB or not, right? 13 referred to could comment. 1 have no comment. 13 MR. DIMURO: I'll object to the form. 14 Q Did you have any opinion at the time as to 14 A. We had the system in operation. 15 whether the work of Dr Risebrough was accurate in 15 Q. (By Mr. Turet) To your knowledge, did other 16 identifying PCBs? 16 scientists elsewhere in the world also have a GC/MS system 17 A. I really can't answer that. 1 don't know if it 17 in place? 18 was accurate or not. 18 A. Yes. 19 Q. Okay. 19 Q. Was there still controversy as of March 1969 -- 20 MR. TURET: Why don't you mark this as Keller 20 let me withdraw that question. 21 9. 21 Was there still a difference of opinion as of 22 (Exhibit Keller 9 was marked for identification 22 March of 1969 within Monsanto as to whether the substance 23 by the reporter.) 23 identified by Dr. Risebrough in California was PCB? 24 Q. (By Mr. Turet) Dr. Keller, I'm going to show 24 A. Well, where I'm hung up in trying to answer your 25 you a document that's been marked as Keller 9. It's a 25 question is, I don't recall whether this work of Page 50 Page 52 1 March 3, 1969 document that says Elmer P. Wheeler at the 1 Risebrough was based on just GC work or GC/MS work. And 2 bottom. 2 not knowing the answer to that, I can't give you a black 3 MR. DIMURO: This also a deposition exhibit? 3 and white answer. I thought he was working with GC 4 MR TURET: Yes. 4 methods alone which would mean he doesn't have a way to 5 MR. DIMURO: And do you know whose deposition it 5 prove what the materials are that he's getting out. 6 is? 6 Q. But if his study had been done with the GC/MS 7 MR. TURET: This one, I don't. The other one 7 system, that would have satisfied you at the time that it 8 had designations that help. 8 was, in fact, pcb? 9 MR. DIMURO: There's an L.R. No. 6. L.R., do 9 MR. DIMURO: I'll object to the form of the 10 you know who L.R. is? 10 question. You can answer. 11 MR. TURET: No. 11 MR TURET: Did you get the question down before 12 MR. DIMURO: Okay. 12 an objection was raised? 13 A. All right. I have scanned this. 13 MR. DIMURO: You can answer it. If you need the 14 Q. (By Mr. Turet) Okay. Have you seen the letter 14 question read back, we'll have it read back. 15 before today that's been marked as Keller 9? 15 THE WITNESS: Read the question back. 16 A. No. 16 (The preceding question was read back.) 17 Q. There's a statement in this document on the 17 A. Not necessarily. Probably wouldn't have 18 third page, top paragraph that says it is therefore not 18 satisfied us until we had done it ourselves. 19 only puzzling but extremely difficult to conceive how 19 Q. (By Mr. Turet) So that's the last step that's 20 commercially-produced PCB can show up in wildlife as DDT 20 required to, required to know if PCBs are there by running 21 and other pesticides appear to be. This raises the 21 it through the gc/ms system? 22 question whether the substance identified in the Swedish 22 A. That's where we were the most comfortable taking 23 work and now in California is actually PCB or whether they 23 a stand. 24 are materials which due to the metabolism of other 24 Q. And a couple of paragraphs down, it says 25 materials in the marine environment appears to be PCB 25 Monsanto has a research program to confirm the identify of Page 49 - Page 52 HARTOLDMONOOQ7711 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 53 Page 55 1 the compounds reported to be PCB by the Swedish and 1 Q. Okay. 2 California scientists. Is that essentially running 2 MR. TURET: Let's mark this as Exhibit 10. 3 substances through the GC/ms system that Monsanto had? 3 (Exhibit Keller 10 was marked for identification 4 MR. DIMURO: Object to the form. 4 by the reporter.) 5 A. My interpretation of what Mr. Wheeler is saying 5 Q. (By Mr. Turet) Dr. Keller, I'm going to show 6 is that he's simply saying Monsanto's going to have the 6 you a document that's been marked as Keller 10. It's 7 GC/MS system operating. Weil have the capability to 7 Bates Stamped No. MAE 053006 through 008 and ask you if 8 confirm what the Swedish people have found. 8 you've seen it before today. 9 Q. (By Mr. Turct) Okay. This is March of '69. 9 MR. DIMURO: Take your time, Dr. Keller. This 10 A. Okay. 10 was previously marked at Bill Papageorge's deposition on 11 Q. So the system is already up and running back at 11 11/12/97 as Exhibit No. 2. 12 Monsanto for over a year? 12 A. Well, my name is on the distribution, but I 13 A Okay. 13 don't remember the memo. 14 Q So let me see if I understood you correctly. 14 Q. (By Mr. Turet) Okay. On the list of recipients 15 You're saying that it would use the system to run the 15 up at the upper right-hand comer, who is P. Park, if you 16 substances through the Monsanto GC/MS system to confirm 16 know? 17 that they contained PCB? 17 A. I think he was in the, in the Plasticizer either 18 MR. DIMURO: I'll object to the form. 18 development or sales area. 19 Q (By Mr. Turet) Let me withdraw the question. 19 Q. Let's flip ahead to the second page of the 20 Can you just explain what it was that you said a moment 20 document which is a memo from W.R. Richard, it says where 21 ago because I'm not sure I understood it. 21 does this leave us. Under identification and control of 22 mr. DIMURO: Why don't we have it read back. 22 the exposure, we will be able to identify and analyze 23 Can you read his answer and the last question back. 23 residues as well or better than anyone in the world As 24 (The following answer was read back: My 24 of March of 1969, was it already the case that Monsanto 25 interpretation of what Mr. Wheeler is saying is that he's 25 was as well or better able than anyone in the world to Page 54 Page 56 1 simply saying Monsanto's going to have the gc/ms system 2 operating. We'll have the capability to confirm what the 3 Swedish people have found.) 1 identify and analyze PCBs? 2 MR. DIMURO: Objection. Form. You can answer 3 it, Dr. Keller, if you can. 4 MR. DIMURO: Is there, you don't understand that 5 answer Is there a problem? 6 Q. (By Mr. Turet) The answer doesn't seem to match 4 A. We felt we had the same capability as anybody 5 else at that point. 6 Q. (By Mr. Turet) Was that true as of the time, at 7 the question that I had asked and I think there may be 7 the end of '67 when you had a GC/MS system? 8 some confusion. 9 A. Your challenge to this -- 8 A. No. I think you said '69. 9 Q. I understand your answer as of March of '69. 10 Q. Why don't I just ask it a different way. I 10 Was that also the case back in the end of 1967? 11 mean, the letter suggests that there is a certain program 12 underway in March of 1969 to confirm the identity of the 11 A. No, wc were still learning. 12 Q. Okay. At what point do you think Monsanto was 13 compounds that had been found in Sweden and in 13 at least well equipped if not better equipped than anyone 14 California. The question is: Is it your understanding 14 else in the world to identify PCBs? 15 that that research program in March of '69 consisted of 15 A. I can't answer that because 1 don't know how the 16 using the Monsanto GC/MS system to evaluate samples from 17 Sweden and California scientists? 18 A. Well, my position is that this was an on-going 19 program where they were learning with the methodology day 16 rest of the world was equipped. 17 Q. Sometime at least by March of 1969? 18 MR. DIMURO: I'll object to the form, but you 19 can answer it, Dr. Keller. 20 by day GC/mass. And it wasn't a black and white thing. 20 A. Uh-huh. 21 Come the end of '67 or end of '68 now, I've got the 22 method, it's in the book, just use it. That wasn't the 21 Q. (By Mr. Turet) You have to say yes or no 22 because head nods don't show up on the transcript. 23 case. And I think Wheeler's probably taking a little 24 poetic license and saying we're grappling with the full 25 program continuing with this total methodology. 23 A. Repeat it please. 24 Q. Sometime by March of 1969? 25 A. True. Page 53 - Page 56 HARTOLDMONOOQ7712 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 57 Page 59 1 Q. There's a reference in the middle of that same 1 documents themselves? 2 page that we can take steps to minimize pollution from our 2 A. I'm sure that Mr. Wheeler had an input. 3 own chlorinated biphenyl plants, we can work with our 3 Q. Now, up at the top, the first references that 4 larger customers to minimize pollution. And the sentence 4 are listed back in November of 1966, the Jensen lecture 5 continues, we can continue to set up disposal and reclaim 5 and then the report of New Chemical Hazard in the New 6 operations. Do you know why the memo would have referred 6 Scientist in December 1966. There's a reference to a 7 to working with the larger customers to minimize pollution 7 Widmark letter to blank Monsanto. Do you recall seeing a 8 rather than all customers? 8 letter from Professor Widmark addressed to Monsanto 9 A. No, I haveno idea. 9 specifically relating to his findings? 10 Q. Do you recall, the memo ends with an invitation 10 A. I think there was a letter transmitted but I 11 to provide comments to Dr. Richard. Do you remember 11 can't recall it for you. And I can't recall seeing it. 12 providing any comments to Dr. Richard on the substance of 12 Q. Do you remember its substance, Professor Widmark 13 this memo? 13 asking Monsanto to work with him, that he wanted to work 14 A. No. 14 with Monsanto toxicologists on pcbs? 15 Q Okay. 15 A. I think that was the thrust of the letter, but 1 16 MR TURET: 1 would like to mark this as Keller 16 can't, I just don't remember detail. I don't remember. I 17 11. 17 assume Mr. Wheeler got this, it was directed to him. 18 (Hxhibit Keller 11 was marked for identification 18 Q. And I take it the dates that are listed here arc 19 by the reporter.) 19 accurate based on the information that you put together at 20 Q. (By Mr. Turet) Dr. Keller, I'm showing you a 20 the time? 21 document that's been marked as Keller 11. It looks like 21 A. To the best of my knowledge. 22 the original sticker must have covered up the Bates number 22 Q. Now, there's a reference in January of 1967 to 23 there are some on the other pages, prr 021890 through 23 the press release, I.KB Instrm. Company. What is 1.kb 24 892. It says at the top chlorinated biphenyls 24 Instnn. company to the best of your knowledge? 25 chronological events. 25 A. That's a Swedish company that made the Page 58 Page 60 1 MR. DIMURO: Do we have any representation as to 1 instrument system that Jensen and Widmark used 2 where this document came from? I notice it doesn't have 3 Bates numbers from this litigation. 2 Q. Has that reference helped you in any way 3 remember whether you had seen a press release issued by 4 MR. TtJRf-T: i do not believe it was produced in 4 the company back in January of '67? 5 this litigation. 1 believe it was attached as an exhibit 5 A. No. 6 to a prior deposition. If you like at the very -- 6 Q. Who isthe -- 7 MR. DIMURO: Do you know from whose deposition 7 A. See, this press releasecouldhavecomefrom 8 which it came from? 9 MR. TURET: No, not offhand. 8 Jensen's reports reporting out whatever, but I don't ever 9 recall seeing or having the LKB Instrm. Company press 10 Q. (By Mr. Turet) If you flip to the last page, 10 release. 11 Dr Keller, is that your signature down at the bottom? 12 A. Yes. 13 Q. Okay. Is this a document that you recognize? 11 Q. Okay. So these dates would be some documents 12 that you obtained and some that are references to 13 documents which you did not have? 14 A. Yes. 14 A. Yes. 15 Q. What is it? 16 A. It's what existed at the time 3/5/69 as to 15 Q. Now there's also a reference in January of 1967 16 to a D. Wood letter to Buchanan. It says visited Sweden, 17 correspondence, etc. related to chlorinated biphenyls. 18 Q And are the documents referred to in this 19 chronological events list ones which you had seen at that 17 confirmed chlorinated biphenyl report of Jensen. Does 18 that, is that consistent with your understanding of the D 19 Wood letter that you described earlier today? Let me 20 time? 21 A. Not necessarily. These could be picked up and 22 the document as a reference, so I would not say that I had 20 withdraw that question. 21 Is that consistent with your recollection that 22 D. Wood communicated to Monsanto the findings of Jensen 23 all these documents. I'm sure I didn't. 24 Q. Well, who gave you the information with which to 25 compile the chronological events if you didn't have the 23 and Widmark PCBs had been found in Sweden? 24 MR. DIMURO: I object to the form. You can 25 answer it, Dr. Keller. Page 57 - Page 60 HARTOLDMONOOQ7713 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 61 Page 63 1 A. Well, I'll stand just on what it says. And I 1 Whales which was a plant, is a plant site for Monsanto. 2 myself did not receive this, a copy of this letter, Wood 2 Q. Was that a plant site back in 1968 that 3 to Buchanan 1 don't believe. And I can't make a comment 3 manufactured PCBs? 4 beyond that. 4 A. Yes. 5 Q. (By Mr. Turet) Okay. Who is the Wilde, 5 Q. Do you have any recollection as you sit here 6 W-l-L-D-E, that's referred to, for example, on the 6 today of what the substance of the letters exchanged 7 February 13th, '67 date? 7 between Baxter and Richard were back in February of '68? 8 A. I can't help you, 1 don't know. 8 A. No. 9 Q. Do you recall in substance -- 9 Q. There's a reference in May of 1968 to a Newell 10 A. No. 10 letter to Hunt. Who were Newell or Hunt if you know? 11 Q. I haven't finished the question. Do you recall 11 A. I don't know. Did you ask who Hunt is too? 12 in substance a letter from Dr. Kelly to whoever Wilde or 12 Q. Yes. 13 Wilde back in February of 1967 where the substance of the 13 A. Hunt was a member of the medical department. 14 letter was that Kelly said no need to contact Swedish 14 I'm quite sure on that. Deceased long ago. 15 people? 15 Q Is that William Hunt? 16 MR. DIMURO: i'll object to the form. 16 A. What? 17 A. I have no comment to make on that. 17 Q. Is that William Hunt? 18 Q. (By Mr. Turet) Okay. Does that mean you don't 18 A. I don't know. 19 have any recollection? 19 Q. Do you recall in substance any communication 20 A. I have no recollection. 20 back in May of 1968 where the medical department 21 Q There's an October 21, '67 reference to Holmes, 21 recommended no action? 22 Simmons, Tatton. Something in Nature 1967. Nature 22 MR. DIMURO: Objection to the form. 23 Magazine says confirms work of Jensen. What is that if 23 A. No. ' 24 you know? 24 Q. (By Mr. Turet) On the third page, there's a 25 A. Well, Tatton was the Department of Government 25 reference to October 9, 1968, Risebrough, confidential Page 62 Page 64 1 Chemistry or something to that effect in London. And they 1 pre-publication. This is a, well, I'll withdraw that 2 did work similar to what Widmark and Jensen did. And this 2 question. 3 is their publication in '67 which I believe somewhat 3 There's a reference down below December 30, '68 4 confirms what Jensen found. Well, states it right there, 4 Richard to Kuhn. Who's Kuhn if you know? 5 confirms it. 6 Q. Okay. And then down at the bottom, there's a 5 A. I don't know. 6 Q. Do you have any recollection of what legal 7 November 2nd, 1967 Richardson letter to Hardy. Who is 7 problems were referred to in whatever the communication 8 Richardson? 8 was? 9 A. Richardson would be at the Shell Research 9 A. No. 10 Laboratories located in Kent in the U.K. I assume that's 10 Q. I skipped over one other question. November 27, 11 the same Richardson because there's no first name. 12 Q. Okay. And Hardy is the D.V.N. Hardy who we 11 '68 Paton to Richard and the reference says include 12 Aroclor 5460. 13 referred to earlier? 13 A. Which one again? 14 A. The Hardy operating out of the London office for 14 Q. Sorry. November 27, '68 which was farther up on 15 Monsanto. 16 Q. Okay. And this was a PCD identification that 15 that page. I skipped over it before. It says include 16 Aroclor 5460. What's your understanding of what that 17 was confirmed by GC/MS? 17 reference meant? 18 MR. DIMURO: Object to the form. 19 A. 1 can't, I know nothing about that. 18 A. I have no idea. 19 Q. Was 5460 a polychlorinated tcrphenyl? 20 Q. (By Mr. Turet) Flipping ahead, there's a series 20 A. To the best of my knowledge. 21 of communications in February of 1968 that involve 21 Q. Back in 1968, was there any discussion within 22 Baxter. Do you know who Baxter was? 23 A. Down on 2/13/68? 24 Q. Yes, 2/13/68. 25 A. Baxter was a research manager located at Ruabon, 22 Monsanto about polychlorinated terphenyls as an 23 environmental pollutant? 24 A. Not that I recall. 25 Q. Do you remember discussions subsequently about Page 61 - Page 64 HARTOLDMONOOQ7714 ROBERT KELLER Condcnselt!TM JUNE 23, 1998 Page 65 Page 67 1 polychlorinated terphenyls as environmental pollutants 1 Ruabon, Whales plant. And he was involved with fluid type 2 within Monsanto? 2 products. 3 A. No. 3 (A short break was taken.) 4 MR. turf-T: Would you mark this as Keller 12? 4 Q. (By Mr. Turet) I believe when we broke, you had 5 (Exhibit Keller 12 was marked for identification 5 indicated who H.A. Vodden was. Had you completed your 6 by the reporter.) 6 answer? 7 MR. tureT: For the record this is Bates Nos. 7 A. Vodden was a group leader at the research 8 MAH 023422 through 31. It's a Monsanto Chemicals Limited 8 laboratories located in Ruabon, Whales, Monsanto's 9 Product Toxicology dash Aroclors document. 9 laboratories. 10 THE WITNESS: What's the date on this? '69,1 10 Q. And to your knowledge, he was somebody who was 11 guess. 11 involved in pcbs research out there? 12 MR. TURET: It has a handwritten date at the top 12 A. They worked on fluid products which could 13 of June 5th, 1969 and appears, states that it related to 13 involve PCBs. 14 the period April 28th to May 1st, 1969. 14 Q. Okay. How about H R. Newman, Newport? 15 MR. dimurO: Is there a question pending? 15 A. I don't, I don't know him. 16 MR. TURET: No, I'm waiting, I'm going to ask 16 Q. What was Newport? 17 him has he seen it before. First, actually, for the 17 A. Newport is another of Monsanto's sites in the 18 record, there is a date all the way at the end. I didn't 18 U.K. 19 sec it before. 19 Q. And to your knowledge, were pcb products 20 MR. DIMURO: Okay. Where's the date? 20 manufactured at the Newport facility at Monsanto? 21 Q (By Mr. Turet) Dr. Keller, have you seen -- 21 A. As I best recall they were. 22 MR. DIMURO: What's the date? 22 Q. Okay. Now, in this document from D.V.N. Hardy 23 MR. TURET: It's 6/5/69. I should add this 23 back in May or June of 1969, there's a statement on the 24 appears to be from Monsanto Chemicals Limited and I don't 24 second page that using a combined gas chromatograph mass 25 know if that means the month and the day are transposed. 25 spectrometer it was shown that the peaks are due to pcbs. Page 66 Page 68 1 MR. DIMURO: Oh. 1 Is this specifically with reference to Jensen's work? 2 a. Well, this is Doctor -- 2 A. Which paragraph, please? 3 MR. DIMURO: Why don't you wait for him to ask a 3 Q. Third paragraph down Specifically referring to 4 question. 4 Jensen's work at the end of 1965. 5 Q. (By Mr. Turet) First, have you seen it before 5 MR. DIMURO: Is there a question? 6 today? 6 Q. (By Mr. Turet) Was it your understanding that 7 A. Yes, back at the period it was written. 7 the Jensen work had been based on gc/ms back in the end of 8 Q. Okay. And what is this document? 8 '65? 9 A. It's, as I recall, Mr. Hardy's trip report in 9 A. Well, I can't speak definitely on that, but I 10 effect of these visits that were made. 10 assume they were working in '65 to be able to report out 11 Q. And there's a circulation list on the first page 11 their work in '66. 12 and your name is listed on there as are several other 12 Q. Okay. But was it your understanding at the time 13 individuals. Arc all the individuals on the first page 14 ones who participated in the trip or trips that are 13 that the Jensen work was based on GC/MS? 14 MR. DIMURO: Can I just get a clarification? 15 described? 15 Are you talking about at the time of this memo? 16 A. The individuals under circulation? 16 MR. TURET: Yeah. Yes, he said he saw it at the 17 Q. Yes. 17 time it was written. 18 A. No. Well, to qualify this, I have not looked at 18 A. That would be my understanding. 19 all the places he's covering on the trips. But certainly 20 these people did not all attend the trips that I was on. 19 Q. (By Mr. Turet) Okay. Was it your understanding 20 as well that the evidence and reasoning were available and 21 Q. Okay. Just to clarify, there's a J.W. Barrett, 21 the conclusions could hardly be in doubt that it was 22 London. Who was that, if you know? 23 A. I can't give you that. I don't remember. 22 PCBS? 23 MR. DIMURO: Object to the form. You can answer 24 Q. Okay. How about H.A. Vodden? 24 it, Dr. Keller. 25 A. Vodden was a group leader researcher at the 25 A. I don't know on that. Page 65 - Page 68 HARTOLDMONOOQ7715 ROBERT KELLER Condensclt! TM JUNE 23, 1998 Page 69 Page 71 1 Q. (By Mr. Turet) Down at the bottom of the page, 1 be found in wildlife, fish and certain items of human 2 Mr. Hardy says that the original work of Jensen and 2 diet. Was that your understanding as well at the time 3 Widmark has been extended and generally confirmed, notably 3 this memo was written? 4 by workers in the following establishments. And much of 4 A. What paragraph please? 5 the detail has been published. Page 3 includes a list of 5 Q. The first summary item. 6 four different sites in Great Britain, one in Holland, and 6 MR. DIMURO: Do you want the question read back, 7 three in the U S. First off, which of those eight sites 7 Dr. Keller? 8 at which Mr. Hardy says that work had been done to confirm 8 A. No. 1 would agree with that. 9 the Jensen work are you familiar with? 9 Q. (By Mr. Turet) Okay. 10 A. The first three. 10 MR. TURET: Mark this as Keller 13, please. 11 Q. Okay. That's the one in London and Scotland and 11 (Exhibit Keller 13 was marked for identification 12 in Kent? 12 by the reporter.) 13 A. Yes. 13 Q. (By Mr. Turet) Dr. Keller, I'm showing you a 14 Q. Okay. And is your understanding the same as 14 document that's been marked as Keller 13. It's a 15 what Mr. Hardy wrote, that each of those confirmed the 15 quarterly report July, August, September of 1969 of the 16 findings of Professor Jensen? 16 medical department of Monsanto. Bates Nos. PRR 025243 17 A. I would not agree it was confirmed because 1 17 dash 247. The last page appears to have different print 18 don't think the laboratory, the government chemists had 18 and does not appear to have a Bates number on it. And 19 that skill based on what I recall. 19 I'll represent this too as obtained as an attachment to a 20 Q. Okay. 20 deposition transcript. I don't know whose offhand. 21 A. The Shell Research, yes, they had the skill. 21 A. Did you address a question to me? 22 Freshwater Fisheries Laboratory, no, they didn't even have 22 Q. (By Mr. Turet) I was going to give you a chance 23 a mass spectrometer. 23 to skim it first. 24 Q. Okay. 24 A. I was reading, I didn't know if you did 25 A. No, again, it comesback tothe GC curves. And 25 Q. Have you seen the document before today, Page 70 Page 72 1 again, you can't identify by GC. 2 Q. Okay. How about the University of Utrecht in 1 Dr. Keller? 2 A. No. 3 Holland, do you have any familiarity with the study that 4 was done there? 3 ' Q. Do you remember, Dr. Keller, a point in time at 4 which there were reports of the PCBs found in the Escambia 5 A We visited the University of Utrecht. 6 Q. Do you have a recollection of whether the work 5 River? 6 A. Well the Escambia River rings a bell But 1 7 there confirmed the findings of Professor Jensen in 7 can't recall detail or what was involved. 8 Sweden? 9 A. Yes. I believe it did. 8 Q. Do you remember reports of findings of PCBs in 9 the vicinity of Monsanto's Pensacola plant in Florida? 10 Q. And down lower, there are three reported studies 10 A. No. 11 in the United States, one of Dr. Risebrough's and 12 University of California which we talked about already 13 today, but also studies at Cornell and at San Diego 11 Q. Do youremember hearing or reading anything 12 within Monsanto about the loss of one to three gallons of 13 Aroclor 1254 a day being capable of contaminating a river 14 Natural History Museum. Do you have any understanding of 14 with pcbs? 15 whether those studies confirmed the findings of Professor 15 A. No. 16 Jensen? 17 A. No, I can't answer that. I don't know. 16 Q. If you couldflip ahead tothe third page of 17 this document. 18 Q. Now, in the, on Page 4, the summary section, 19 Mr Hardy states that there can be no doubt that traces of 20 PCBs 21 MR. DIMURO: Can you wait one second until he 22 gets there? 23 MR. TURET: I'm sorry, Page 4. 24 Q. (By Mr. Turet) Mr. Hardy states there can be no 25 doubt that traces of PCBs in parentheses, Aroclors, arc to 18 MR. DIMURO: Page No. 3? 19 Q. (By Mr. Turet) Page No. 3 at the top of the 20 document. The last, the second to last paragraph on the 21 page that begins the organic division, states the organic 22 division which produces this series of very profitable 23 products has a concerted effort underway to protect 24 continued sales and uses. Do you have any understanding 25 of what concerted effort was underway as of September of Page 69 - Page 72 HARTOLDMONOOQ7716 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 73 Page 75 1 1969 to protect continued sales and uses of PCBs products? 1 came from. 2 A. No. 2 MR. DIMURO: Right. But it's your statement 3 Q. Back in September of '69, did you agree with the 3 that to the best of your knowledge these documents which 4 statement that it is likely however that it will be found 4 do not have Bates numbers from this case were exhibits 5 impossible to prevent losses to the environment of 5 attached to those depositions which were produced to you 6 Aroclors 1254 and 1260 in some customer applications and 6 by Monsanto. 7 that public and governmental pressures will lead to 7 MR. TURET: Produced by Monsanto or obtained 8 restrictions that cannot be met without discontinuing 8 from other sources, but attached to deposition 9 production and sales? 9 transcripts. 10 A. I had no involvement there, no. 10 MR. DIMURO: And, again, you mean obtained them 11 Q. Dr. Keller, did you have any formal 11 from other sources. There were other depositions by 12 participation in the ad hoc committee of Monsanto that 12 Monsanto and you went to court reporters and obtained 13 studied pcbs in 1969? 13 these? 14 MR. DIMURO: I'll object to the form. You can 14 MR. TURET: I believe that's correct. 15 answer it, Doctor. 15 MR. DIMURO: It's not from other sources other 16 A. 1 don't recall any committee being called ad hoc 16 than those depositions that were identified by Monsanto? 17 committee. 17 MR. TURET: I don't believe so. 18 Q. (By Mr. Turet) Do you recall a committee 18 MR. DIMURO: Okay. To the extent they are, I 19 comprised of Martin Ferrar, Paul Hodges, Edward John, 19 would note that we have a document request that asks for 20 William Richard, and Elmer Wheeler whose function was to 20 documents which were obtained by you from other cases or 21 study pcbs? 21 from other depositions not cited on Monsanto to be 22 A No, 1 do not know anything about that. Was not 22 produced to us And I notice that you answered that 23 involved. 23 interrogatory and our document request that there were no 24 Q. Okay. Do you remember, Dr. Keller, a letter 24 such documents. 25 going out to certain functional fluids customers in March 25 MR. TURE T: I want to see what the response was Page 74 1 of 1969 addressing the fact that pcbs had been identified 2 in the environment? Page 76 1 to be sure about that. But again, to the best of my 2 knowledge, the answer is, yes, they all have come as 3 A. No. 3 attachments to deposition transcripts produced by 4 Q. Do you remember any written communications to 4 Monsanto. 5 customers about pcbs having been found in the environment? 5 MR. DIMURO: Okay. 6 A. No. We were a support function and we just 7 simply didn't get involved with the business transactions. 6 A. I have never seen this. 7 Q. (By Mr. Turet) Just very quickly, there are 8 MR. TURET: Let's mark this as Exhibit Keller 9 14. 8 references, all the way towards the end, there is a 9 statement that says up to this time, the coordination of 10 (Exhibit Keller 14 was marked for identification 10 the division effort has been principally the 11 by the reporter.) 11 responsibility of W.R. Richard an E.P. Wheeler with 12 Q (By Mr. Turet) Dr. Keller, I'm showing to you a 13 document that's dated October 2nd, 1969 that's says, 12 support from R.E. Keller and Gumming Paton. Would you 13 have agreed with that statement as it pertained to the 14 subject, report of Aroclor ad hoc committee. It's has 14 study of PCB internally to Monsanto back in October of 15 Bates Nos. MONS 036720 to 732. Dr. Keller, have you ever 15 '69? 16 seen this document before? 17 A. Repeat the last part of your sentence. 16 MR. DIMURO: Object to the form of the 17 question. 18 Q. Have you ever seen this document before? 18 A. I agree in that we were applied scientists with 19 MR DIMURO: Arc you going to represent this was 19 a support unit and to that extent, yes. 20 also a deposition exhibit? 21 MR. TURET: i'll represent this as, with all of 22 the others, I believe they all were, that are not Bates 20 Q. (By Mr. Turet) Was there anyone other than 21 William Richard, Elmer Wheeler, you, and Gumming Paton 22 that you recall being involved in the investigation of PCB 23 numbered with Bates numbers in this case, but I would need 24 to go back and actually confirm where I got them from back 25 at the office. 1 don't have an indication of where they 23 products and their discovery in the environment back in 24 October? 25 MR DIMURO: Object to the form of that Page 73 - Page 76 HARTOLDMONOOQ7717 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 77 Page 79 1 question. 1 Q. And you don't recall any discussions with 2 Q. (By Mr. Turet) Back in October of'69? 2 Mr. Richard or anybody else within Monsanto about whether 3 A. Well, 1 think there was work being done at 3 PCBs should be continued to be manufactured by Monsanto? 4 Ruabon on biodegradability at that location. The name 4 MR. DIMURO: i'll object to the form. You can 5 would be Main Prize. 5 answer. 6 Q. That's the name of the individual? 6 A. I don't recall any. 7 A. Yes. 7 Q. (By Mr. Turet) Do you recall any discussions 8 Q. Can you spell that? 8 late 1969 in connection with this whole PCB environmental 9 A. M-A-I-N P-R-I-Z-E I guess 9 pollution issue about the development of products to 10 (Exhibit Keller 15 was marked for identification 10 replace the Aroclor products? 11 by the reporter.) 11 MR. DIMURO: Object to the form. Again, you can 12 Q. (By Mr. Turet) Okay. Dr. Keller, I'm going to 12 answer, Dr. Keller. 13 show you a document that's been marked as Keller 15. It's 13 A. Yes. 14 bearing Bates Nos. mah 023703 through 742. And it's 14 Q. (By Mr. Turet) Okay. What do you remember 15 entitled outline PCB Environmental Pollution Abatement 15 about those discussions? 16 Plan. Rough draft November 10, 1969. 16 A. Well, I guess the one I remember is the 17 (Mr. Coughlin exited the deposition room.) 17 replacement product designated 1016, I believe, as an 18 Q. (By Mr. Turet) And the First question would 18 Aroclor. 19 be: Have you seen this document before today? By the 19 Q. Was that an Aroclor that was hoped to be 20 way, I will represent to you, the second half of this 20 biodegradable? 21 document consists of handwritten notes and attachments 21 A. More biodegradable, yes. 22 which were stapled to the rest of it when the documents 22 Q. Dr. Keller, back in November of 1969, did you 23 were produced to us, but I'm not representing that this is 23 have occasion to attend any meetings of the corporate 24 one entire document. 24 development committee? 1 25 A. I haven't seen this. 25 A. No. Page 78 Page 80 1 Q. Do you recall any discussion within Monsanto 1 Q. What was the corporate development committee 2 back in November of 1969 at the possibility that direct 2 back then to the best of your recollection? 3 lawsuits could be filed against Monsanto as a result of 3 A. I don't think I can tell you that. 1 don't 4 the PCH issue? 4 know. 5 A. No. 5 MR TURET: Let's mark this one as Keller 16 6 Q. Do you recall any discussion within Monsanto 6 (Exhibit Keller 16 was marked for identification 7 back in November of 1969 about the fact that all customers 7 by the reporter.) 8 using these products have not been officially notified 8 Q. (By Mr. Turet) Dr. Keller, I'm going to show 9 about known effects nor do the product labels carry this 9 you a document that has been marked Keller 16. It's 10 information? 10 entitled the PCB Pollution Problem January 21 and 22, 11 A. No. 11 1970, St. Louis Meeting with General Electric Company. 12 MR. DlMURO: Are you reading from a certain 12 This is a document this has been Bates numbered in another 13 page, Craig? 13 litigation prr 022199 through 208. Dr. Keller, have you 14 MR TURET: Yes, Page 5 at the top. Too late. 14 seen this document before today? 15 I'm on something else. 15 A. Yes. 16 Q. (By Mr. Turet) Did you recall any discussion 16 Q. And what is it? 17 within Monsanto about the global decision of whether to 17 A. It's a report on the meeting with General 18 cease manufacturing pcbs entirely versus taking some other 18 Electric representatives relative to the Aroclor product 19 course of action back in November of 1969? 19 overall picture I guess. 20 MR. dimurO: i'll object to the form. You can 21 answer. Dr. Keller. 20 Q. And this was a meeting that took place on 21 January 21 st and 22nd of 1970? 22 A Answer is no. 23 Q. (By Mr. Turet) You don't remember any documents 22 A. That's what the report says, yes. 23 Q. Do you remember a meeting with the GH 24 that addressed that issue back in late 1969? 24 representatives at the very beginning of 1970? 25 A I don't recall any. 25 A. Do I remember what? Page 77 - Page 80 HARTOLDMONOOQ7718 ROBERT KELLER Condcnselt!TM JUNE 23, 1998 Page 81 Page 83 1 Q. Do you remember a meeting taking place with the 1 recognize, sir? 2 GE representatives at the beginning of 1970? 2 A. Yes. 3 A. Frankly, that's vague in my mind. 3 Q. And is it one that you authored back on April 4 Q. Okay. Do you remember meetings with any 4 28th of 1970? 5 customers that involved Mr. Papageorge, Mr. Bergen, 5 A. Yes. 6 Dr. Munch, you, and Scott Tucker, Mr. Wheeler, and others? 6 Q. What is it exactly? 7 MR. dimurO: Objection to form. 7 A. Thisis a program by the analytical group 8 A. I don't recall any of those meetings. 8 directed toward research on various aspects of the pcb 9 Q. (By Mr. Turet) Did you ever have occasion to 9 problem and development of a further study of Aroclor 10 meet with Edward Raab, R-A-A-B, of GE at any time that you 10 products. 11 can recall specifically? 11 Q. Okay. There is a listing of teams, Roman 12 A. Not that I recall. 12 Numeral I, n, and in. Does that have anything to do 13 Q. If you would flip ahead to the page, I guess 13 with the breakdown that you described earlier today of an 14 it's Page No. 8 at the top, Paragraph 12, I'm going to ask 14 analytical chemistry group, a physical chemistry group, 15 you if you agree or disagree with the statement as of 15 instrument development group, and so forth? 16 January of 1970 that quotes there is no evidence of 16 A. Yes, that would fit. 17 natural sources of PCBs nor any source other than 17 Q. Okay. Which team is Team No. I? 18 industrially-produced and used. Did you understand my 18 A. That's the analytical with Tucker. 19 question? 19 Q. So Tucker, Litschgiand Westenbcrger? 20 A. Yes. I guess I would agree with that. 20 A. Yes. 21 Q. As of January of 1970? 21 Q. And is that theanalytical chemistry? 22 A. Uh-huh. 22 A. Uh-huh. 23 Q. And how about Paragraph 21? 23 Q. Team II, headed by Emery? 24 MR. DIMURO: Was that a question? You asked, 24 A. Emery. 25 you said as of January and he didn't respond. 25 Q. Which team is that? Page 82 Page 84 1 MR. TURET: He said uh-huh. Was that a yes? 1 A. At that point, this would be the physical 2 THE WITNESS: Yes. 2 chemistry group. 3 Q. (By Mr. Turet) Paragraph 21 says Monsanto 3 Q. And how about Team III headed by Dietrich? 4 Company is convinced that analytical techniques and data 4 A. That would be the spectroscopy group 5 from some laboratories investigating PCBs are reliable and 5 (Mr. Coughlin re-entered the deposition room ) 6 that conclusions being formulated are valid. Did you 6 Q. (By Mr. Turet) Now, under that Team in, 7 agree with that as of January of 1970? 7 there's a reference to regulatory agency work in 8 MR. DIMURO: Object to the form. 8 parentheses dioxin. What did that refer to? 9 A. Some laboratories, yes. 9 A. I can't provide any specifics on just what was 10 Q. (By Mr. Turet) And are there any laboratories 10 to be covered with that regulatory agency work. 11 other than the ones that you've already pointed out in 11 Q. Do you remember any work done by those who were 12 documents previously as of January 1970 that were reliable 12 under you back in 1970 that related to dioxins? 13 and had reached these conclusions that PCBs were present 13 A. Well, there was one point where Aroclor products 14 in the environment? 14 were examined for dioxin type products. And to my best 15 MR. DIMURO: Object to the form. 15 knowledge, none was ever found. 16 A. Not that I recall. 16 Q. Was that work that, an examination that was 17 Q. (By Mr. Turet) Okay. 17 taking place within Monsanto or by someone outside of 18 MR DIMURO: I'm going to take a quick break. 18 Monsanto? 19 (Exhibit Keller 17 was marked for identification 19 A In Monsanto. 20 by the reporter.) 21 (A short break was taken.) 20 Q. Do you know if subsequent studies were done by 21 others outside of Monsanto to determine whether dioxins 22 Q. (By Mr. Turet) Dr. Keller, I'm showing you a 23 document that's been marked as Keller 17. It has Bates 24 Nos. MAE 053978 dash 984, dated April 28, 1970. Aroclor 25 Analytical Program. Is this a document that you 22 were present in the Aroclor products? 23 MR. DIMURO: I'll object to the form. 24 A I don't know of any, no. 25 Q. (By Mr. Turet) Now, in this, in the attachments Page 81 - Page 84 HART OLDMONOOQ7719 ROBERT KELLER Condenselt!TM JUNE 23, 1998 Page 85 Page 87 1 to this document that's been marked as Keller 17, there 1 Q. Or conversations? 2 appear to be handwritten assignments of actions to 2 A. No conversations. 3 particular teams. But on the first page, there's an 3 Q. And to the best of your recollection, you've 4 objective listed of informing customers of the PCB problem 4 never been out to Armstrong's facilities in Lancaster, 5 and the importance of preventing environmental pollution 5 Pennsylvania? 6 both at their plants or by their products. That one 6 A. Never been there. 7 doesn't seem to have a team assigned to it. Do you know 7 Q. Have you ever talked to anybody within Monsanto 8 why? 8 about communications with Armstrong? 9 A. Well, it's my best recollection that these 9 A. No. 10 objectives are objectives developed by and out of the 10 MR. TURET: Okay. I have no further questions 11 business group. And we arc trying to relate to those 11 at this time. 12 objectives with an action plan for the analytical work 12 MR. DIMURO: Susan? 13 needed for the business group to accomplish their own 13 MS. KARLOVICH: No questions for me, thank you. 14 objectives. So these would not be objectives by our own 14 MR. DIMURO: Brian? 15 groups. These would be by the business unit. 15 MR. O'CONNOR: No questions. 16 Q. So in other words, some of the objectives are to 16 MR. TURET: Okay. 17 be met by other groups outside - 17 MR. DIMURO: I want to take a short break. I 18 A Of the business group, yeah. Whatever the 18 might have some questions. 19 business group wanted to do to assign it out. We were 19 (A short break was taken.) 20 attempting to identify what we would be doing relative to 20 MR. DIMURO: I don't have any questions. 21 their objectives. And that's the reason for actions on 21 22 our part. 22 23 (Exhibit Keller 18 was marked for identification 23 24 by the reporter.) 24 25 Q. (By Mr. Turet) Okay. Okay. Dr. Keller, I'm 25 Page 86 1 going to show you a document that's been marked as Keller 2 18. It's Bates Nos. map. 054039, it's an October 13, 1970 3 memo from Elmer Wheeler to William Richard with you and 4 others as a recipient. Have you seen that document before 5 today, Dr. Keller? 6 A. I'm sure I did. My name is on it. I guess 7 that's a yes. 8 Q. Do you remember the publication concerning the 9 findings of PCBs in human fat? 10 A. I do not remember the publication that Elmer 11 Wheeler is referring to in this memo. 12 Q Do you remember a publication back in the mid to 13 late 1970 time frame that reflected the findings of pcbs 14 in human fat? 15 A. No. 16 Q. Do you remember being asked by Mr. Wheeler or 17 Mr. Papageorge to review the analytical techniques and 18 chromatograms as they related to the findings of PCBs in 1 NOTARIAL CERTIFICATE 2 STATEOF MISSOURI ) 3 COYOF ST ) LOUIS) 4 5 I, Tommie A. St. Arbor, Certified Shorthand Reporter and a duly commissioned Notary Public within and for the 6 States of Missouri and Illinois, do hereby certify that there came before me at the offices of Taylor*Schroeder 7 Reporting & Video, 7494 lithcl Avenue, St. lx>uis, Missouri, 8 ROBERT KELIJiR, 9 who was by me first duly swom to tell the truth and nothing but the truth of all the knowledge touching and 10 concerning the matters in controversy in this cause, that the witness was thereupon carefully examined under oath 11 and said examination was reduced to writing by me; and that this deposition is a true and correct record of the 12 testimony given by the witness. 13 I further certify that I am neither attorney nor counsel for nor related nor employed by any of the parties 14 to the action in which this deposition is taken; further that I am not a relative or employee of any attorney or 15 counsel employed by the parties hereto or financially interested in this action. 16 IN WITNESS WHEREOF', I have hereunto set my hand and 17 seal this 21st day of July, 1998. 18 19 19 human fat? 20 Tammic A. St. Arbor, CSR 20 A. No. 21 21 MR. DIMURO: Objection. Form. 22 22 Q. (By Mr. Turet) Dr. Keller, have you ever had 23 Page 88 23 any meetings or conversations with representatives of 24 24 Armstrong World Industries, Inc.? 25 25 A I can't recall any meeting, no. Page 85 - Page 88 HARTOLDMON0007720 ROBERT KELLER STATE OF MISSOURI CITY OF ST. LOUIS ) ) ) Condenselt! Page 89 I, ROBERT KELLER, do hereby certify: That I have read the foregoing deposition; That I have made such changes in form and/or substance to the within deposition as might be necessary to render the same true and correct; That having made such changes thereon, I hereby subscribe my name to the deposition. I declare under penalty of perjury that the foregoing is true and correct. Executed this 19 , at day of ROBERT KELLER My Commission Expires: Notary Public: ___ Signature Page to Mr. Dimuro _ Witness Letter Sent to Mr. Dimuro Taylor * Schroedcr Reporting & Video 7494 Ethel Avenue St. Louis, Missouri 63117 Phone(314)644-2191 July 21, 1998 Mr. Christopher DiMuro, Esq. Latham & Watkins One Newark Center Newark, New Jersey 07101-3174 RE: Macrtin, et al. vs. Armstong, Monsanto & American Mineral Spirits I3car Mr. DiMuro: Please find enclosed your copies of the deposition of Robert Keller taken on June 23, 1998 in the above-referenced case. Also enclosed is the original signature page and errata sheets. Please have the witnesses read your copies of the transcript, indicate any changes and/or corrections desired on the errata sheets, and sign the signature page before a notary public. Please return the errata sheets and notarized signature page to Mr. Craig Turet for filing with the court prior to trial. Sincerely, Tammic A. St. Arbor, CSR Enclosures cc: Mr. Turet Mr. O'Connor Ms. Karlovich File Page 90 JUNE 23, 1998 Page 89 - Page 90 HARTOLDMONOOQ7721 ROBERT KELLER '49 m 6:19 '50 m 6:22 '51 |3) 6:15 6:22 '56 [2] 7:11 '60's |4)23:4 23:16 23:23 '62 [i] 11:19 '65(2] 68:8 '66 [i] 68:11 '67 [is] 19:4 21:12 26:10 31:20 38:9 41:21 54:21 60:4 61:7 62:3 '68 [6] 27:25 63:7 64:3 64:14 '69 [is] 19:4 27:25 28:25 51:1 51:7 54:15 56:8 65:10 73:3 77:2 '70 [2i 19:9 '70's 11] 16:5 '71 [2] 19:10 ' 86 [ij 17:19 '89 m 17:8 '91m 18:12 6:22 11:19 23:4 68:10 19:5 27:6 41:20 56:7 61:21 54:21 64:11 21:13 38:5 53:9 56:9 76:15 19:22 19:22 17:19 0- - 008[il 55:7 017390 [2i 32:18 1:7 021890[i) 57:23 021890-892 (11 1:16 022199[i] 80:13 022199-208 (U 1:21 023422[i] 65:8 023422-31[i] 1:17 023703 m 77:14 023703-742 m 1:20 025243 [i] 71:16 025243-247 [il 1:18 02849 m 2:6 036720[i] 74:15 036720-732[ij 1:19 050542 m 46:13 1:12 051020[ii 1:12 051029m 46:13 053006[ii 55:7 053006-008 [ii 1:15 053515(2] 44:2 1:11 053518(21 42:18 1:10 053634[i) 48:12 053636 [ij 1:9 05364 [i] 1:13 053933 m 39:7 053933-35(1] 1:8 053978[i] 82:24 053978-984m 1:22 054039(2] 86:2 1:23 07101-3174 in 90:8 07101-3474m 3:14 07102-5311 [ii 3:10 08054(i] 3:6 1- - 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adding JUNE 23, 1998 -7- 7 [5] 1:6 46:6 46:7 71 m 1:18 732[ii 74:15 74[,] 1:19 742[i] 77:14 7494 [3)2:16 90:2 77 m 1:20 1:12 46:10 88:7 -8- 8 [si 48:9 80[i] 82(i) 85[i] 892[i] 1:13 48:12 1:21 1:22 1:23 57:24 48:8 81:14 9(6] 49:22 63:25 984(i] -91:14 49:25 82:24 49:21 50:15 -A- Abatement m 77:15 ability m 28:5 able [6] 11:6 31:11 55:22 68:10 26:10 55:25 above-referenced [i] 90:13 absolute [i] 2111 absolutely m 22:19 acceptable [i] 56 accommodate [2] 5:16 34:14 accomplish [ij 85:13 accurate [4] 49:10 49:15 49:18 59:19 accurately [2j 425 28:9 acquired m 39:20 action [6] 63:21 78:19 88:14 88:15 2:5 85:12 actions (3) 45:15 85:2 85:21 activities m 15:25 actual (2] 49:12 28:5 ad (3] 73:12 73:16 74:14 ADC (i) 16:1 add [3] 27:19 65:23 added [2] 16:10 adding [i] 43:21 15:23 28:12 Index Page 1 HARTOLDMONOOQ7722 ROBERT KELLER additional [i] 26:3 address [2] 71:21 45:9 addressed pi 44:21 59:8 78:24 addresses [i] 47:2 addressing [i ] 74:1 advanced [i] 29:4 afternoon [ij 2:15 afterwards [i] 4:4 again [i 1 11:19 14:14 39:22 64:13 70:1 75:10 79:11 10:23 21:9 69:25 76:1 against |i] 78:3 agem 4:9 agency 2) 84:10 84:7 ago [3] 4:15 53:21 63:14 agree [7] 69:17 71:8 73:3 76:18 81:15 81:20 82:7 agreed pg 76:13 4:1 ahead [S] 43:20 55:19 62:20 72:16 81:13 airpg 29:17 30:8 30:10 al [3j 2:4 90:10 2:23 all-embracing m 43:17 alone [2j 52:4 22:15 along [2] 36:19 16:14 American [3] 2:9 2:24 90:10 among [ij 11:20 analysis m 24:4 analytical [321 7:4 7:10 8:13 10:24 14:1 14:11 15:19 16:14 19:7 19:8 24:11 37:9 41:11 41:24 45:5 49:7 82:25 83:7 83:18 83:21 86:17 6:25 7:14 13:18 14:15 19:6 19:11 37:14 42:1 82:4 83:14 85:12 analytically [i] 17:12 analyze [21 56:1 55:22 analyzing [i] 29:6 answer 147] 5:5 20:25 21:10 22:4 24:14 24:17 28:22 29:1 29:18 31:9 33:20 39:23 4:24 21:3 23:19 27:7 29:10 33:13 40:18 41:15 43:20 52:2 52:13 54:5 56:9 60:25 70:17 78:21 79:12 42:3 49:17 52:3 53:23 54:6 56:15 67:6 73:15 78:22 42:12 51:24 52:10 53:24 56:2 56:19 68:23 76:2 79:5 answered [i] 75:22 anyway [i] 7:17 apart [2) 17:25 21:19 apparatus [i] 45:17 apparent gig 12.21 appear [4] 311 50:21 71:18 85:2 appeared [i] 30 21 applications pg 14:4 73:6 applied [12] 15:8 15:16 16:19 16:23 16:25 17:3 45:5 76:18 15:3 16:16 16:24 44:20 apportioned [l) 1120 appreciate [ij 26:14 approached m 40:15 April p] 65:14 82:24 83:3 aquatic [2] 36:1 35:25 Arbor [5] 4:4 88:5 90:21 2:17 88:20 area (5) 7:4 15:15 28:1 13:14 55:18 areas [i] 17:12 arm [2] 10:4 10:4 Armstong m 90:10 Armstrong pg 2:6 2:23 4:16 86:24 87:8 Armstrong's pg 87:4 Aroclor[i7j 44:14 45:15 48:24 64:12 72:13 74:14 79:18 79:19 82:24 83:9 84:22 39:15 45:23 64:16 79:10 80:18 84:13 Aroclors [3] 65:9 70:25 73:6 Arpino [i] 34:20 article [i] 43:8 asksci] 75:19 aspects [i] 83:8 assessing [i] 37:10 assign [i] 85:19 assigned [2] 85:7 11:24 assignment [i] 10:11 assignments [4] 10:15 34:12 48:5 Condcnsclt! TM 85:2 assisted [ij 10:11 associated [i] 40:15 assume pi 47:4 59:17 68:10 44:17 62:10 Atrium [21 3:5 3:5 attached pg 5:25 33:4 34:23 58:5 75:8 1:24 33:8 75:5 attachment pg 47:8 47:10 71:19 attachments [3] 763 77:21 84:25 attempting [i] 85:20 attend 12] 79:23 66:20 attorney pj 88:14 88:13 audio [l] 15:25 August [ij 71:15 author [i] 42:24 authored [ij 83:3 available [sj 6:21 25:18 68:20 5:11 37:2 Avenue [3] 2:16 88:7 90:2 aware [4j 39:11 39:17 45:1 47:13 -B- B[i) 45:19 background r2i 5:22 37:14 Barrett m based pg 52:1 59:19 68:13 69:19 66:21 22:9 68:7 Bates [38] 1:8 1:9 1:11 1:12 1:15 1:16 1.18 1:19 1:21 1:22 32:17 32:25 42:18 44:1 46:13 48:12 57:22 58:3 71:16 71:18 74:22 74:23 77:14 80:12 86:2 1:7 1:10 1:13 1:17 1:20 1:23 39:6 46:12 55:7 65:7 74:15 75:4 82:23 battle [i] 41:10 Baxter ug 62:22 62:22 62:25 63:7 bearing [1] became [91 12:24 13:20 15:12 16:14 19.6 19:18 77:14 9:2 15:3 16:19 become PI 10:17 12:16 25:14 beginning p] 80:24 81:2 begins pg 72:21 49:3 behalf [i] 4:9 bell [i] 72:6 below [2] 64:3 43:15 benefit pj 51:6 28:4 Bcnignus pj 9:25 10:2 39:12 Bergen [l] 81:5 best [23] 5:1 19:2 19:9 27:23 30:13 32:2 35:6 38:22 48:3 59:24 64:20 75:3 76:1 84:14 85:9 17:12 24:22 31:25 35:23 59:21 67:21 80:2 87:3 better [7] 21:23 37:10 45:16 45:24 55:23 55:25 56:13 between pj 2:13 4:1 11:10 12:15 17:19 26:15 63:7 beyond [2] 61:4 31:11 Bill [2] 46:4 55:10 biodegradability p 1 77:4 biodegradable [2) 79:20 79:21 biphenyl [2] 57:3 60:17 biphenyls pg 39:15 40:16 57:24 58:17 birds m 36:1 bit ii] 10:19 black [2] 54:20 52:2 blank [i] 59:7 board [i] 44:25 Bob [2] 44:12 44:18 bombards [ij 22:21 book [l] 54:22 bottom pj 50:2 58:11 69:1 44:9 62:6 bought pj 26:3 25:16 break [9] 21:19 47:17 67:3 82:18 87:17 87:19 5:15 47:18 82:21 breakdown [ij 83:13 Brian pg 87:14 3:4 brief [i] 5:23 briefly [2] 14:11 6:11 Britain [i] 69:6 broad [i] 16:1 additional - chemical JUNE 23, 1998 broke [ij 67:4 brought [i] 26:20 Brussels [2] 41:6 34:20 Bs [2] 6:12 46:5 Buchanan pj 32:19 34:1 39:8 60:16 61:3 building [ij 14:1 built [l] 18:12 business [nj 20:3 24:5 37:11 43:3 74:7 85:11 85:15 85:18 9:21 35:8 43:5 85:13 85:19 -c- C[i] 3:1 California ]6] 50:23 51:23 53:2 54:14 54:17 70:12 cannot [i] 73:8 capability [4] 29:24 53:7 54:2 56:4 capable p] 72:13 29:20 capacitor [ij 40:10 caregi] 15:16 carefully in 88:10 Carolina rig 3:17 carry [i] 78:9 Case [9] 4:17 32:24 54:23 56:10 74:23 90:13 9:23 55:24 75:4 cases pg 17:22 17:23 75:20 CC[l) 90:23 cease pg 78:18 center [7j 3:10 3:14 18:8 18:11 18:15 18:16 90:8 certain p) 2:19 17:9 35:25 54:11 71:1 73:25 78:12 certainly pi 9:20 36:9 66:19 CERTIFICATE [ig 88:1 Certified [2] 2:17 88:5 certify pj 88:13 89:5 88:6 challenge [i] 54:9 chance pg 71:22 change isg 10:9 17:4 31:14 9:2 27:6 changed [ij 31:17 changes [3] 89:7 89:10 90:15 chemical [8] 8:14 11:1 22:22 24:5 8:8 13:19 39:14 Index Page 2 HARTOLDMONOOQ7723 ROBERT KELLER 59:5 chemicals p4j 7:3 7:5 7:12 7:22 7:23 10:3 15:10 15:11 15:12 15:13 17:1 20:23 65:8 65:24 chemist [9] 7:4 7:21 9:7 9:10 44:25 45:4 6:23 8:11 10:14 chemistry [26] 7:5 7:25 9:16 9:17 10:22 13:16 13:19 14:2 14:12 14:13 15:19 15:20 37:14 45:5 83:14 83:14 84:2 6:13 8:1 9:23 13:18 14:2 14:17 15:25 62:1 83:21 chemists p] 69:18 chickens p] 44:14 chlorinated [6] 39:15 40:15 57:3 57:24 58:17 60:17 chose PI 17:1 Christopher f2) 3:13 90:7 chromatograms [ij 86:18 chromatograph [8| 21:18 22:12 23:5 23:24 25:20 25:23 26:8 67:24 chromatography (3) 22:8 23:11 23:12 chronological [3i 57:25 58:19 58:25 circulated [i] 36:12 circulation [2] 66:11 66:16 cited [i] 75:21 CITY [2] 89:2 88:3 Civil [l] 2:5 clarification [i] 68:14 clarify [4] 24:7 25:15 30:6 66:21 clients p] 15:14 close [1)49:12 closer [ij 38:8 column [3] 22:10 22:11 22:12 combination p 1 12:3 combined p] 67:24 comfortable p] 52:22 coming [i] 51:8 comment [5] 10:7 49:13 49:13 61:3 61:17 commented pj 14:20 comments [3] 40:14 57:11 57:12 commcrcially-produccd [l] 50:20 Commission [ij 89:22 commissioned [ij 88:5 committee [7] 73:12 73:16 73:17 73:18 74:14 79:24 80:1 commonly [i] 23:13 communicated [4] 35:16 35:18 39:12 60:22 communication [6] 41:5 41:10 41:23 48:13 63:19 64:7 communications [3] 62:21 74:4 87:8 company [iej 2:10 2:24 12:10 15:10 17:1 39:20 59:24 59:25 60:9 80:11 2:9 2:25 15:13 59:23 60:4 82:4 competent pj 25:14 compile [i] 58:25 completed [i] 675 complex 11] 25:12 components [4)8:19 22:9 22:14 22:22 composition pj 12:10 compounds [2j 531 54:13 comprised m 7319 computer [4j 1525 27:21 27:23 28:12 computerization [i] 28:2 computerized [3] 27:20 27:22 28:6 conceive [l] 50:19 concerning [2j 86 8 88:10 concerted [2] 72:23 72:25 conclusions [3] 68:21 82:6 82:13 conclusively pj 51:11 confident p] 47:25 confidential p] 63:25 confirm [7] 52:25 53:8 53:16 54:2 54:12 69:8 74:24 confirmed [7] 60:17 62:17 69:3 69:15 69:17 70:7 70:15 confirms [3] 61:23 62:4 62:5 confusion pi 54:8 connected [i] 25:20 Condcnselt! connection [3] 17:21 42:6 79:8 consisted [ij 54:15 consistent [4] 15:9 17:3 60:18 60:21 consists [i] 77:21 constants [2] 8:7 9:19 consultant [2] 17:7 17:18 consulting [3] 17:8 18:2 18:20 contact [2] 61:14 38:23 contacted [i] 35:6 contained p] 53:17 contaminating p] 72:13 continue [5] 13:10 27:10 27:13 28:17 57:5 continued [4] 27:17 72:24 73:1 79:3 continues pi 57:5 continuing [i] 54:25 Continuous pi 31:24 contractor [i] 18:7 control [i] 55:21 controversy [2] 51:19 88:10 conversations pj 86:23 87:1 87:2 convinced [i] 82:4 coordination p] 76:9 copies [2] 90:15 90:12 copy [2] 6:5 61:2 Cornell p] 70:13 corner [ij 55:15 corporate [2] 79:23 80:1 corporation p) 15:9 correct [i3] 19:16 20:8 33:2 33:10 43:18 49:8 88:11 89:9 18:5 20:20 38:14 75:14 89:13 correction [i] 19:16 corrections pj 90:15 correctly [2] 44:13 53:14 correlates p) 33:17 correspondence [2] 35:3 58:17 Coughlin [5] 46:3 47:6 84:5 3:15 77:17 counsel [4] 4:2 4:2 88:13 88:15 counterpart [l] 20 6 couple [2] 52:24 10:9 chemicals - Diego JUNE 23, 1998 course [ij court [6)2.1 5:9 26:14 90:18 78:19 2:20 75:12 Defendant/Armstrong [2] 3:19 4:10 Defendant/Monsanto [i] 3:12 cover [i] covered [2] 84:10 34:22 57:22 Defendants [2] 2 25 4:2 definitely [ij 68:9 covering [ij 66:19 DeGarmel pj 19:21 Craig [4] 3:20 4:14 78:13 90:18 created pj 5:10 CSR[3] 4:4 90:21 88:20 Cumming [4j 42:19 42:24 76:12 76:21 Cumming's[i] 42:25 curiosity [i] 31:13 curriculum [i] 6:8 curves p] 69:25 customer [3] 45:16 45:24 73:6 customers [8] 57:7 57:8 74:5 78:7 85:4 57:4 73:25 81:5 cutting [i] 10:18 CV [3] 1:6 18:17 6:6 -D- D [6] 32:19 39:8 60:16 60:22 D.V.N [3] 62:12 67:22 dash [4] 39:7 71:17 82:24 data [3] 42:7 82:4 date [6] 61:7 65:12 65:18 65:22 34:23 60:18 34:9 65:9 42:11 65:10 65:20 degree [ij 6:15 degrees [i] 6:13 department [i4j 6 25 7:6 7:24 7:25 8:2 8:23 12:12 35:7 43:2 43:3 61:25 63:13 63:20 71:16 departure [ij 38:21 deposed [i] 4:17 deposes [i] 4:10 deposition [27] 2:12 4:3 18:5 33:4 33:8 46:3 46:17 47:6 47:12 47:19 50:3 50:5 55:10 58:6 58:7 71:20 74:20 75:8 76:3 77:17 84:5 88:1 1 88:14 89:6 89:8 89:11 90:12 depositions [4] 75:5 75:11 75:16 75:21 describe [i] 35:2 described [7j 9:19 10:1 14:18 15:8 60:19 66:15 83:13 describing [i] 38:20 DESCRIPTION [i] 1:5 design p] 13:25 designated p) 79:17 designations p] 50:8 desired [i] 90:16 dated [3] 44:11 74:13 82:24 detail [4] 59:16 69:5 39:1 72:7 dates [2] 59:18 60:11 determine i] 9:18 Dave [3] 41:6 42:7 42:11 12:10 20:22 21:6 51:11 84:21 DDT [3] 31:5 31:7 determining pj8l6 50:20 develop [3] 8:12 dealp] 24:5 18:10 20:4 Dearpj 90:11 debate pi deceased [2j 63:14 December [3] 59:6 64:3 decision [2] 78:17 49:9 45:8 32:18 24:20 developed [4] 11:2 11:6 14:3 85:10 developing [2] 10:23 19:10 development [20] 7:1 7:8 7:10 7:24 8:24 10:24 10:25 14:3 14:14 14:19 14:20 15:20 declare [i] 89:12 43:2 44:20 55:18 defendant [i] 4:17 79:9 79:24 Defendant/American 83:9 83:15 PI 3:7 Dicker [l] 80:1 3:9 Diego [l] 70:13 Index Page 3 HARTOLDMONOOQ7724 ROBERT KELLER diet m 71:2 Dietrich [2] 84:3 15:1 differ [i] 13:23 differed m 12:17 difference [2] 51:2 51:21 different [6j 12:2 22:22 45:15 54:10 69:6 71:17 difficult [ij 50:19 Dimuro [99] 20:25 21:3 22:3 23:18 24:17 27:7 29:1 29:9 29:18 31:9 32:25 33:7 33:14 33:18 38:11 39:16 40:18 41:14 43:19 45:21 46:14 46:18 46:23 47:7 47:19 47:20 50:3 50:5 50:12 51:13 52:13 53:4 53:22 54:4 56:2 56:18 58:7 60:24 62:18 63:22 65:20 65:22 66:3 68:5 68:23 70:21 72:18 73:14 75:2 75:10 75:18 76:5 76:25 78:12 79:4 79:11 81:24 82:8 82:18 84:23 87:12 87:14 87:20 89:24 90:7 90:11 3:13 21:9 24:14 28:21 29:14 32:20 33:11 33:22 39:22 41:17 46:1 46:20 47:12 48:17 50:9 52:9 53:18 55:9 58:1 61:16 65:15 66:1 68:14 71:6 74:19 75:15 76:16 78:20 81:7 82:15 86:21 87:17 89:25 dioxin 121 84:14 84:8 dioxins [2] 84:21 84:12 direct 121 78:2 45:1 directed [4] 8:17 8:23 59:17 83:8 director [2] 35:9 20:1 disagree m 81:15 discontinuing m 73:8 discovery m 76:23 discuss [ii 36:10 discussed [3] 19:17 22:8 36:9 discussion [6j 39:18 40:7 64:21 78:1 78:6 78:16 discussions [8] 36:5 40:4 40:8 40:13 64:25 79:1 79:7 79:15 disposal [i] 57:5 distillation [i] 22:10 distinguished [i] 14:13 distribution [ij 55:12 District [4] 2:1 2:1 2:20 2:20 division [ii] 7:5 7:13 10:3 14:16 15:12 72:21 76:10 7:3 7:23 15:11 72:22 divisions [i] 15:12 Doctor [3] 47:8 66:2 73:15 document [58] 6:5 32:16 32:21 33:3 33:8 33:24 39:9 41:4 42:19 43:15 44:6 46:10 46:15 47:5 48:12 48:15 49:25 50:1 55:6 55:20 58:2 58:13 65:9 66:8 71:14 71:25 72:20 74:13 74:18 75:19 77:13 77:19 77:24 80:9 80:14 82:23 85:1 86:1 1:14 32:17 33:4 39:6 42:17 44:1 46:14 47:20 48:23 50:17 57:21 58:22 67:22 72:17 74:16 75:23 77:21 80:12 82:25 86:4 documents [i4] 18:25 33:1 36:11 58:18 58:23 59:1 60:11 60:13 75:3 75:20 75:24 77:22 78:23 82:12 docsn t[S] 52:4 54:6 85:7 32:25 58:2 done [is] 20:10 21:12 30:11 32:9 38:25 52:6 69:8 70:4 84:11 84:20 11:7 23:2 37:8 52:18 77:3 doubt [5] 51:6 68:21 70:25 39:13 70:19 down [12] 43:15 49:3 52:24 58:11 62:23 64:3 69:1 70:10 5:9 52:11 62:6 68:3 Dr [109] 1:6 5:21 6:4 11:19 13:10 16:7 18:22 19:15 19:16 21:10 22:4 24:15 26:20 27:8 28:22 29:10 29:19 32:3 32:15 4:14 9:15 13:14 18:23 19:18 23:19 26:22 29:2 31:10 33:23 Condensclt! TM 35:7 35:19 36:6 36:25 37:6 37:20 38:1 40:19 41:16 42:1 42:16 43:25 46:9 46:24 48:11 49:24 55:5 56:19 57:20 61:12 70:11 72:1 73:24 77:12 79:22 81:6 86:5 35:13 35:19 36:7 36:25 37:13 37:23 39:5 41:3 41:17 42:5 42:20 44:24 46:18 47:23 49:10 51:1 55:9 57:11 58:11 65:21 71:7 72:3 74:12 78:21 80:8 82:22 86:22 draftp] 77:16 Duane [i] due [2] 50:24 duly [2] 88:5 during [9] 10:13 11:14 13:11 29:22 30:8 30:17 Durlanduj duties [1] 35:19 36:6 36:22 37:4 37:18 37:25 39:9 41:6 41:18 42:9 43:20 45:2 46:21 47:24 49:15 51:23 56:3 57:12 60:25 68:24 71:13 73:11 74:15 79:12 80:13 85:25 3:20 67:25 88:9 10:10 12:4 30:3 48:14 12:23 -E- E[3] 3:1 1:14 3:1 E-L-U-T-I-O-N [i] 22:11 E.P [i] 76:11 early [8] 20:22 23:3 23:4 23:15 23:23 24:11 25:8 41:20 Edclman [i] 3:9 edible ijj 44:14 45:15 45:23 Education [ij 6:12 educational [i] 5:22 Edward [2] 81:10 73:19 effect [3] 16:4 62:1 66:10 effects [2j 78:9 40:17 effort [3] 72:23 72:25 76:10 efforts [2] 17:4 17:2 eight [4] 2:14 13:7 69:7 11:16 cither [4j 19:9 31:17 45:4 55:17 Electric [2] 80:18 80:11 eleven [i] 13:7 Elmer [9] 36:19 46:11 50:1 73:20 86:3 86:10 35:7 48:3 76:21 Elser [i ] 3:9 elsewhere [2] 39:13 51:16 elution [2] 22:11 22:10 Emery 12] 83:24 83:23 Emmet [2] 48:13 41:5 employed [3] 18:18 88:13 88:15 employee [2] 34:15 88:14 Employment ]i] 6:18 enclosed [2] 90:13 90:12 enclosure [i] 46:12 Enclosures [i 90:22 cnd[i5j 8:15 26:6 26:10 41:20 51:11 54:21 56:7 65:18 68:4 76:8 25:9 27:6 54:21 56:10 68:7 ends [i] 57:10 entire [i] 77:24 entirely [2] 78:18 31:18 entitled [2] 80:10 77:15 environment [8] 38:17 40:11 50:25 73:5 74:2 74:5 76:23 82:14 environmental [7j 16:1 16:3 64:23 65:1 77:15 79:8 85:5 equation [i] 30:20 equipped [3] 56:13 56:13 56:16 errata [3] 90:14 90:16 90:17 Escambia [2] 72:4 72:6 Esq [6] 3:4 3:13 3:15 90:7 3:9 3:20 essentially [4] 16:24 28:19 44:2 53:2 establishments [i] 69:4 Estate [2] 2:21 2:3 Ct [3] 2:4 90:10 2:23 etc [4] 8:19 14:24 diet - fact JUNE 23, 1998 20:5 58:17 Ethel [3] 88:7 90:2 evaluate [3] 42:10 54:16 2:16 41:25 evaluating [ij 42:7 evaluations n 1 17:11 events [3] 57:25 58:19 58:25 evidence [2] 81:16 exact [i] 68:20 20:2 exactly [2] 83:6 35:18 examination [3] 4:12 84:16 88:11 examined [4] 4:9 84:14 example m 17:10 61:6 except [3j 36:21 47:10 2:13 88:10 8:21 18:5 exchanged [i j 63:6 Executed f i ] Executrix [2] 2:21 89:15 2:3 exhibit [26] 6:2 32:11 39:3 41:1 43:23 46:7 49:22 50:3 55:3 55:11 58:5 65:5 74:8 74:10 77:10 80:6 85:23 exhibits [4] 1:24 18:11 6:1 32:13 42:14 48:9 55:2 57:18 71:11 74:20 82:19 1:4 75:4 existed [2] 58:16 exited [3] 47:12 77:17 23:23 46:3 expanded [ij expansion [4] 12:18 12:22 expected in 7:9 9:3 15:7 4:24 experiences m 18:1 expertise [7] 11:25 12:2 13:15 13:17 13:18 17:13 25:12 Expires in 89:22 explain [2] 53:20 22:1 exposure [i] 55:22 expressly uj extended m extent [4] 47:10 75:18 4:6 69:3 23:10 76:19 extremely in 50:19 -F- facilities w facility [i] fact [3] 52:8 87:4 67:20 74:1 Index Page 4 HARTOLDMONOOQ7725 ROBERT KJELLER 78:7 Fairm 47:16 familiar [2] 69:9 4:22 familiarity [i] 70:3 far[i] 10:6 farther [i| 64:14 fat [3j 86:9 86:14 86:19 February |7j 6:15 41:5 48:13 61:7 61:13 62:21 63:7 Felt [l] 56:4 Ferrari 2] 73:19 20:7 fight[ll 41:10 Filcm 90:25 filed [lj 78:3 filing [l] 90:18 financially [i] 88:15 findings [is] 36:12 40:6 51:7 51:9 60:22 69:16 70:15 72:8 86:13 86:18 35:4 40:10 59:9 70:7 86:9 finds [l 143:16 fine [I I 22:7 finish [l] 47:20 finished [i] 61:11 first [24] 5:18 20:19 26:16 32:4 33:17 41:11 41:22 59:3 62:11 66:5 66:11 69:7 69:10 71:23 77:18 88:9 5:19 26:20 38:18 48:19 65:17 66:13 71:5 85:3 fish [3j 35:25 43:17 71:1 Fisheries [l] 69:22 fit [i] 83:16 flip [4] 55:19 58:10 72:16 81:13 Flipping m 62:20 Florida [ i ] 72:9 fluid [3] 20:4 67:1 67:12 fluids [6j 20:3 34:3 35:8 35:11 43:7 73:25 focal [1)26:22 focus [1] 19:3 focused [l] 21:23 followed [2] 19:22 19:21 following [3] 38:24 53:24 69:4 foregoing [2] 89:6 89:13 forenoon [l] 2:14 form [38j 20:25 21:9 23:18 24:14 27:7 29:18 39:16 41:14 52:9 56:2 61:16 68:23 76:25 79:11 82:15 89:7 28:21 31:9 39:22 43:19 53:4 56:18 62:18 73:14 78:20 81:7 84:23 29:9 38:11 40:18 51:13 53:18 60:24 63:22 76:16 79:4 82:8 86:21 formal m 73:11 formed [] 10:22 14:5 15:8 15:16 7:14 14:22 former [11 forming [i] 15:11 15:9 formulated [i] 82:6 forth [3i 16:10 22:10 83:15 found [i4] 36:3 36:7 53:8 54:3 60:23 62:4 72:4 73:4 84:15 35:24 38:20 54:13 71:1 74:5 Foundation [i] 18:16 four [2] 16:15 69:6 Fowler [21 44:24 44:18 Fowler 's [11 45:2 fractions [i] 28:9 frame [6] 19:14 19:23 29:22 30:9 30:17 86:13 frames [i] Frankly m 21:14 81:3 French [1) 6.23 frequently [i] 23:24 Freshwater [i] 69:22 full [4] 5:18 25:24 37:4 54:24 function [5] 8:25 24:9 74:6 8:24 73:20 functional m 20:3 20:4 35:8 35:11 73:25 functioned [l] 14:8 funded [i] 18:16 -G- G [2] 32:19 G.R[i] 34:1 gallons [i] Gary [i] 3:4 gas [13] 22:12 23:12 25:20 26:7 21:18 23:5 23:24 25:23 67:24 Gateway [i] GC [i2] 21:23 26:1 26:3 39:8 72:12 22:8 23:10 24:6 26:7 3:10 21:25 26:12 Condcnsclt! TM 26:15 28:9 52:1 52:3 70:1 30:20 69:25 GC/mass [sj 21:13 21:15 25:24 41:19 54:20 GC/MS [20] 27:3 27:5 31:14 31:21 51:16 52:1 52:21 53:3 53:16 54:1 56:7 62:17 68:13 26:25 27:22 51:10 52:6 53:7 54:16 68:7 GE[3] 80:23 81:2 81:10 General [2] 80:17 80:11 generally [i] 69:3 generated m 36:11 German [i] 25:16 Germany [i] 25:17 Ginsberg [i] 3:4 given [3] 28:7 48:4 88:12 giving [i] 51:6 global [ U 78:17 gOOd [3] 4:14 5:7 44:24 government i2] 61 25 69:18 governmental [i] 73:7 graduate [l] 6:17 graduation [ij 6:16 grappling [i] 54:24 Great m 69:6 Greene [ij 3:16 Greensboro m 3:17 Grogan [ij 45:3 groomed [i] 19:10 group [76] 7:5 7:11 7:14 7:22 8:1 9:16 9:23 9:24 10:17 10:20 10:21 10:22 11:10 11:21 12:4 12:9 12:18 12:22 12:24 12:25 13:11 14:19 14:25 15:20 16:3 16:11 19:6 14:3 14:22 15:19 15:21 16:6 16:13 19:8 19:11 19:11 6:25 7:13 7:25 9:17 9:25 10:21 10:23 11:25 12:16 12:23 13:7 14:12 14:23 15:20 16:2 16:11 16:14 19:9 20:3 20:6 35:9 44:19 66:25 83:14 84:2 85:13 20:10 43:3 44:20 67:7 83:14 84:4 85:18 20:12 43:5 45:5 83:7 83:15 85:11 85:19 groups [is] 9:21 10:25 14:4 14:6 14:8 14:16 15:23 16:9 85:15 85:17 growth [ij guess [io] 6:17 33:14 77:9 79:16 81:13 81:20 guessing [2] 33:16 9:21 14:1 14:7 15:14 17:4 12:20 5:1 65:11 80:19 86:6 33:12 -H- H-U-B-B-A-R-D [ij 19:21 H.A[2] 66:24 67:5 H.R[i] 67:14 hair[i] 363 half[i] 77:20 hand[i] 88:16 hand-out [i] 5:23 handle [2] 8:13 28:8 handwriting fi 44:8 handwritten [5j 443 44:21 65:12 77:21 85:2 happy [2] 5:16 5:4 hardly [i] 68:21 Hardy [ii] 62:7 62:12 62:14 67:22 69:8 69:15 70:24 34:9 62:12 69:2 70:19 Hardy's [i] 66:9 Harold [i] 19:20 Hazard [i] 59:5 head [2] 9:16 56:22 headed [4] 14:25 16:6 83:23 84:3 health [ij 40:17 hear [2] 4:23 5:2 heard [i] 5:5 hearing [2] 72:11 32:4 hcat[i] 44:15 Heckschcr [i] 3:20 Helms [i] 3:16 help [3] 5:24 50:8 61:8 helped [ij 60:2 helpful [i] 48:15 hereby [4] 88:6 89:5 4:1 89:10 hereto in 88:15 hereunto [ij 88:16 hired [i] 19:4 History [i] 70:14 hoc [3] 73:12 73:16 Fair - include JUNE 23, 1998 74:14 Hodges [l] 73:19 hold [2] 19:24 43:13 Holland [2] 70:3 69:6 Holmes [i| 61:21 hook [I] 25:23 hooked [i] 21:18 hoped [i] 79:19 hours [i] 2:13 Hubbard [ij 19:21 human [4] 71:1 86:9 86:14 86:19 humans [ i ] 43:17 hung[l] 51:24 Hunt [6)63:10 63:10 63:11 63:13 63:15 63:17 hydrocarbon [21 48:24 49:4 -I- idea [3] 33:15 57:9 64:18 identification [21] 6:2 21:11 32:13 39:3 41:1 42:14 43:23 46:7 48:9 49:22 55:3 55:21 57:18 62:16 65:5 71:11 74:10 77:10 80:6 82:19 85:23 identified [7] 35:20 38:16 50:22 51:3 51:23 74:1 75:16 identify [i5j 21:8 22:15 22:23 22:25 30:8 30:16 55:22 56:1 70:1 85:20 20:24 22:19 29:16 52:25 56:14 identifying [3] 8:18 29:25 49:16 identity [i] 54:12 ignorance [ij 25:10 II [31 3:5 83:23 83:12 Iiim 83:12 84:3 84:6 Illinois [2] 2:19 88:6 immediate m 11:17 11:18 24:7 importance [l] 85:5 impossible [i] 73:5 impression [i j 51:5 improve (2) 28:13 28:5 in-house m 15:14 Inc [4] 2:7 2:24 3:19 4:10 Inc. [i] 86:24 include m 31:4 64:11 64:15 l I i Index Page 5 HARTOLDMONOOQ7726 ROBERT KELLER Condenselt! TM includes [i] 69:5 independent [i] 18:7 independently [i] 14:8 INDEX [2] 1:4 1:1 indicate [2] 90:15 5:5 indicated [2] 6:12 67:5 Indicating [i] 32:9 indication [i] 74:25 individual [i] 77:6 individually pj 2:4 2:22 individuals [3] 66:13 66:13 66:16 Industrial [3] 15:10 15:13 17:1 industrially-produced [l] 81:18 Industries [6] 2:7 2:23 3:19 4:10 4:16 86:24 industry p) 24:3 infants' [i] 36:3 information pi 5:2 35:10 37:9 41:24 58:24 59:19 78:10 informing [i] 85:4 infrared (i) 14:24 initials [2] 26:12 26:12 inorganic [i] 8:19 input [i] 59:2 Instrmpi 59:23 59:24 60:9 instructor [ij 6:19 instructors [i] 6:20 instrument [8] 14:2 14:19 15:20 21:25 22:21 44:20 60:1 83:15 instrumental [3] 8:14 11:1 13:19 instrumentation [i] 14:24 instruments i4] 11:6 14:3 14:20 21:7 intention [i] 25:22 interested pi 37:7 88:15 interfered [i] 31:7 interference [2] 30 23 30:25 interfering [ij 31:2 internal [4] 11:5 11:9 32:6 35:2 internally [2] 11:7 76:14 interpret pi 27:2 28:6 46:4 interpretation [2] 53:5 53:25 interrogatory [i] 75:23 introduced [l] 5:12 investigating [i] 82:5 investigation [2] 39:14 76:22 investigations pj 7:10 invitation ru 57:10 involve 16:22 62:21 67:13 involved [i7] 9:20 12:6 17:22 34:13 38:2 41:11 67:1 67:11 73:23 74:7 81:5 8:3 14:23 36:25 43:3 72:7 76:22 involvement [3] 20:16 45:1 73:10 Iowa [3] 6:13 6:18 6:20 isomeric [ij 22:14 issue |3j 78:4 78:24 79:9 issued [3] 40:5 60:3 39:25 itemp] 71:5 items [i] 71:1 itinerary [i] 37:4 itself [i] 24:4 -J- J.Rm 48:14 J-Wp) 66:21 January [u] 59:22 60:4 80:10 80:21 81:21 81:25 82:12 Japan [ij JBS [i] 2:6 Jensen [34] 25:4 32:5 35:4 35:20 36:16 36:22 37:1 37:8 38:23 39:21 40:14 40:22 51:6 59:4 60:17 60:22 62:2 62:4 68:13 69:2 69:16 70:7 Jensen ' S [3] 68:1 68:4 Jersey 1*1 2:20 3:6 3:14 90:8 JOAN 141 2:4 2:21 job [7] 6:16 39:7 60:15 81:16 82:7 44:13 24:18 32:10 36:3 36:25 38:13 40:2 43:9 60:1 61:23 68:7 69:9 70:16 60:8 2:1 3:10 2:3 2:22 6:22 9:1 9:3 26:19 26:21 Johnp] 73:19 joined pj joining pi jointly pj July [5] 42:18 71:15 88:17 June [4] 213 67:23 90:13 12:17 7:2 15:10 18:14 43:1 90:5 65:13 -K- K-E-L-L-E-R[i] 5:20 K-L-E-I-N-E ni 17:16 Kanagafucha[ij 44:13 Karlovich [3] 3:9 87:13 90:24 Keller [120] 2:12 4:8 5:19 5:21 6:2 6:4 6:9 18:22 22:4 23:19 27:8 28:22 29:10 32:3 32:15 39:2 29:19 32:11 32:16 39:3 39:6 39:9 41:1 41:3 42:13 42:14 42:17 42:20 43:22 43:23 44:1 44:12 46:7 46:9 46:21 46:24 47:23 48:8 48:11 48:12 49:22 49:24 50:15 51:1 55:5 55:6 56:3 56:19 57:18 57:20 58:11 60:25 65:5 65:21 71:7 71:10 71:13 71:14 72:3 73:11 74:8 74:10 74:15 76:12 77:12 77:13 79:12 79:22 80:6 80:8 80:13 82:19 82:23 85:1 85:25 86:1 86:22 88:8 89:20 90:13 1:5 4:14 6:1 6:5 21:10 24:15 29:2 31:10 32:13 33:23 39:5 40:19 41:4 42:16 43:20 43:25 46:6 46:10 47:2 48:9 49:20 49:25 55:3 55:9 57:16 57:21 65:4 68:24 71:11 72:1 73:24 74:12 77:10 78:21 80:5 80:9 82:22 85:23 86:5 89:5 Keller 'S [1] 1:6 Kelly [i6] 35:19 36:6 41:15 41:16 41:18 42:1 42:9 46:18 48:13 61:12 35:7 41:5 41:17 42:5 46:23 61:14 Kent pj 62:10 69:12 kindp] 17:8 Kingdom [ij 34:13 Klcinep] 17:16 Kline [i] 6:23 knowing p] 52:2 knowledge [i6] 30:13 31:25 32:2 36:14 38:22 51:2 51:15 59:21 59:24 64:20 67:10 67:19 75:3 76:2 84:15 88:9 known p] 78:9 Kuhn [2] 64:4 64:4 -L- L [l] 44:18 L-95-cv pj 2:5 L.L.P [i] 3:16 L.R|3] 50:9 50:10 50:9 labels [i] 78:9 laboratories [9 6:24 17:11 24:9 62:10 67:8 67:9 82:5 82:9 82:10 laboratory [2] 69:18 69:22 labs [2] 24:8 24:10 Lancaster [ij 87:4 large [i] 11:13 largely HI larger [6] 10:11 12:19 57:4 57:7 24:3 9:4 28:8 last [9] 52:19 71:17 74:17 5:19 53:23 72:20 41:9 58:10 72:20 lastly [ij 18:6 late [6] 20:17 51:7 78:14 78:24 79:8 86:13 Latham (2) 90:7 3:13 Laurel p] 3:6 Law [i] 3:4 lawful ( 1 lawsuits [i] 4:9 78:3 lead pj 73:7 leader [24] 7:11 9:12 10:18 12:5 12:23 13:12 7:13 10:8 10:20 12:9 12:23 19:8 20:10 20:12 66:25 67:7 7:8 9:2 10:14 1110 12:16 12:25 19:11 44:19 leaders m leaking m learn [2] 26:25 12:25 44:15 47:25 learned [21 47:23 47:14 includes - lower JUNE 23, 1998 learning [2] 56:11 54:19 least pj 13 6 25:13 28:15 56:13 56:17 leave [i] 55:21 leaves p) 18:17 lecture [ij 59:4 legal [31 17:21 17:23 64:6 tended [i] 24:4 lengthy [i] 47:8 letter [22] 33:17 34:22 34:25 39:8 50:14 54:11 59:8 59:10 60:16 60:19 61:12 61:14 63:10 73:24 32:19 34:24 46:11 59:7 59:15 61:2 62:7 89:25 letterhead pj 34:24 letters pi 63:6 Liberty p) 3:21 license [21 54:24 16:1 life [2] 35:25 36:1 likely [l] 73:4 Limited 12] 65:24 65:8 list [4] 55:14 58:19 66:11 69:5 listed [6] 42:22 59:4 66:12 85:4 17:7 59:18 listing [ij 83:11 litigation [8] 33:1 33:3 33:9 58:3 80:13 32:21 33:6 58:5 Litschgi [ij LKB [3] 59:23 60:9 83:19 59:23 LLPp] 3:20 located [4] 62:10 62:25 location p] 6:24 67:8 77:4 London [7] 32:7 34:9 34:11 62:1 62:14 66:22 69:11 looked [ij looking [2] 45:18 66:18 22:16 looks [ii 57:21 lossp] 72:12 losses [i] 73:5 lost [l ] 6:20 Lothar [2] 2:3 2:21 Louis [i3] 7:2 18:7 34:1 34:7 39:13 80:11 88:7 89:2 2:16 18:15 35:8 88:3 90:2 lower [ij 70:10 Index Page 6 HARTOLDMONOOQ7727 ROBERT KELLER . -M- M [l] 45:3 M-A-I-N [i] 77:9 M-I-U-E-R-E [U 16:7 M.D [i] 41:5 MAE [19] 1:9 1:10 1:13 1:15 1:20 39:7 48:12 77:14 1:22 42:18 55:7 82:24 1:8 1:11 1:17 1:23 44:2 65:8 86:2 Maertin [7] 2:3 2:4 2:22 2:22 2:3 2:21 90:10 Magazine [i] 61:23 magnitude [i] 37:11 main pj 10:8 77:5 manager [13] 14:6 15:3 16:16 16:19 19:4 19:19 35:9 35:11 13:20 16:8 16:22 20:1 62:25 manufactured [3] 63:3 67:20 79:3 manufacturer fi] 40:1 manufactures [i] 40:10 manufacturing [ij 78:18 March [i2] 51:1 51:19 53:9 54:12 55:24 56:9 56:24 73:25 50:1 51:22 54:15 56:17 marine m mark [nj 39:2 42:13 46:6 48:8 55:2 57:16 71:10 74:8 50:25 32:11 43:22 49:20 65:4 80:5 marked [38] 6:5 6:9 32:16 39:3 41:1 41:4 42:17 43:23 46:7 46:10 48:12 49:22 50:15 55:3 55:10 57:18 65:5 71:11 74:10 77:10 80:6 80:9 82:23 85:1 6:2 32:13 39:6 42:14 44:1 48:9 49:25 55:6 57:21 71:14 77:13 82:19 85:23 86:1 marketing [4] 10:2 10:4 34:3 43:3 Martin [31 15:1 20:7 73:19 mass [24j 21:17 21:20 23:7 23:9 23:22 23:25 24:4 24:8 14:24 22:20 23:16 24:2 24:12 24:20 25:16 26:4 67:24 25:6 25:20 39:20 69:23 25:10 25:22 40:1 match [i] 54:6 material [2] 24:3 22:23 materials [8] 22:17 29:7 31:1 50:24 52:5 8:19 30:21 50:25 matters [i] 88:10 may [9] 4:3 33:2 40:9 63:9 63:20 67:23 4:16 54:7 65:14 mean [8] 30:25 33:18 52:4 54:11 75:10 17:23 43:6 61:18 means f2j 65:25 41:13 meant [3] 26:11 46:24 64:17 measurement [ij 21:11 measurements [i] 8:4 measuring ii j 818 medical [4j 35:7 63:13 63:20 71:16 meet [3] 36:15 36:15 81:10 meeting [8] 37:6 80:11 80:20 80:23 86:25 36:9 80:17 81:1 meetings [7j 36:8 40:9 81:4 81:8 36:5 79:23 86:23 member p ] 63:13 members p] 10:23 memo i is] 42:22 44:11 44:21 45:9 47:15 47:15 55:20 57:6 57:13 68:15 86:3 86:11 42:18 44:18 47:13 55:13 57:10 71:3 mentioned [ij 23:22 met [3] 4:15 73:8 85:17 metabolism [ij 50:24 method [5] 7:7 7:10 54:22 6:25 41:11 methodology [41 8:13 38:20 54:19 54:25 methods [S] 12:2 14:15 52:4 10:24 20:23 mid [3] 9:18 16:5 86:12 mid-50 [il middle m 6:16 57:1 Condenselt!TM might [S] 29:3 37:10 37:12 87:18 89:8 mind[i]81:3 Mineral [4] 2:24 3:8 2:9 90:10 minimize [3] 57:2 57:4 57:7 minor [i] 12:14 Missouri [7] 2:18 88:2 88:7 89:1 2:16 88:6 90:2 misunderstand [i] 25:1 misunderstood (ij 25:2 Miuere [i] MKD [i] 16:7 1:5 moment [6] 7:15 18:22 43:13 53:20 4:15 21.20 monitor [ij 14:21 MONS 121 74:15 1:19 Monsanto [86] 2:24 7:2 7:20 11:4 15:9 15:12 17:5 17:10 17:18 18:1 19:25 24:12 25:3 25:6 26:6 26:17 27:13 30:2 30:16 31:17 32:7 33:9 34:16 36:15 39:19 40:9 49:9 51:3 51:22 52:25 53:12 53:16 55:24 56:12 59:8 59:13 60:22 62:15 64:22 65:2 65:24 67:20 72:12 73:12 75:7 75:12 75:21 76:4 78:1 78:3 78:17 79:2 82:3 84:17 84:19 84:21 90:10 2:9 7:12 11:8 17:1 17:14 18:4 24:23 26:1 27:5 30:7 31:21 34:10 38:23 40:22 51:10 53:3 54:16 59:7 59:14 63:1 65:8 71:16 75:6 75:16 76:14 78:6 79:3 84:18 87:7 Monsanto's [6 34:11 53:6 54:1 67:8 67:17 72:9 month [i] 65:25 months [U Moore [11 morning [i] 25:13 3:16 4:14 Morris [i] 3:20 Moskowitz[i] 3:9 most [3] 23:13 51:5 52:22 mostly [il moved ['1 9:6 10:7 Ms [9] 26:12 30:19 90:24 3:9 26:15 31:14 Mt[i] 3:6 Mulliss [i] Munch [81 11:19 13:10 19:15 19:16 81:6 Museum [ii must [2] 25:2 6:12 26:16 87:13 3:16 9:15 13:14 19:18 70:14 57:22 -N- N [i] 3:1 name [i7] 5:18 5:19 17:4 18:23 42:21 46:21 55:12 62:11 77:4 77:6 89:11 4:14 5:19 34:4 47:1 66:12 86:6 National [i] 18:15 natural [2] 81:17 70:14 nature [3] 18:8 61:22 61:22 NCR [3] 41:25 42:6 42:9 necessarily [2] 52:17 58:21 necessary [2] 8:22 89:8 Ned [i] 17:16 need [7] 5:15 22:4 22:20 61:14 74:23 8:20 52:13 needed (4) 10:24 22:24 23:10 85:13 neither [i] never [4] 76:6 87:4 88:13 25:10 87:6 new [i9] 2:1 3:6 3:10 8:23 10:21 18:10 20:4 26:4 31:17 38:24 43:8 59:5 90:8 2:20 3:14 14:14 26:4 38:19 59:5 Newark [5] 3:14 3:14 90:8 3:10 90:8 Newell [2] 63:10 63:9 Newman pi 67:14 Newport [4] 67:14 67:16 67:17 67:20 news [ij 39:14 nextfi] 12:21 nine [2] 13:9 13:10 nods [i] 56:22 none [2] 12:11 84:15 nonelectric 111 40:16 nor [S] 78:9 81:17 88:13 88:13 88:13 M - objection JUNE 23, 1998 normally [ij 9:22 North [2] 3:17 3:16 Nos [7] 46:13 65:7 71:16 74:15 77:14 82:24 86:2 notably pj 69:3 NOTARIAL [i ) 88:1 notarized p] 90:17 notary [S] 4:4 88:5 90:16 2:18 89:23 note [2] 46:2 75:19 notes [2] 77:21 44:3 nothing [2] 88:9 62:19 notice [3] 32:25 58:2 75:22 notified [ij 78:8 November [io] 34:24 59:4 62:7 64:10 64:14 77:16 78:2 78:7 78:19 79:22 now [32] 2:19 9:17 10:8 10:17 11:2 11:20 17:7 20:9 22:19 26:16 27:19 32:3 32:11 34:15 35:15 50:23 54:21 59:22 60:15 70:18 84:6 7:12 10:13 11:10 18:17 23:3 30:19 33:14 43:8 59:3 67:22 84:25 number [3] 22:16 57:22 71:18 numbered [2] 74:23 80:12 numbers [6] 28:8 33:1 46:12 58:3 74:23 75:4 Numeral [l] 83:12 -o- o'clock [2] 2:14 O'Connor [3] 87:15 90:24 oath [i] 88:10 Object [32] 21:9 23:18 27:7 28:21 29:18 31:9 39:16 39:22 41:14 51:13 53:4 53:18 60:24 61:16 68:23 73:14 76:25 78:20 79:11 82:8 84:23 objection [i 29:14 43:19 56:2 63:22 86:21 2:14 3:4 20:25 24:14 29:9 38:1 1 40:18 52:9 56:18 62:18 76:16 79:4 82:15 29:1 52:12 81:7 Indcx Page 7 HARTOLDMONOOQ7728 ROBERT KELLER ao 8 objective p] 85:4 objectives [7] 85:10 85:10 85:12 85:14 85:14 85:16 85:21 obtain [2] 24:20 24:12 obtained [7] 46:16 60:12 71:19 75:7 75:10 75:12 75:20 occasion ]3] 79:23 81:9 12:5 October [8] 61:21 63:25 76:14 76:24 86:2 46:11 74:13 77:2 Off [3] 10:19 18:17 69:7 offhand [2] 71:20 58:9 office [4] 32:7 34:11 62:14 74:25 offices [21 2:15 3:4 88:6 officialcy m 28:13 officially [i] 78:8 Oil [3] 24:3 44:14 24:6 oils [2] 45:16 45:23 old in 31:18 Oliver [i] 19:21 on-going [ij 54:18 31:21 36:6 one [40] 3:14 6:19 6:20 16:10 17:17 21:8 23:12 27:19 27:23 36:21 36:23 42:1 43:9 43:17 45:15 48:25 50:7 64:10 64:13 69:11 70:11 72:12 77:24 80:5 83:3 85:6 90:8 3:21 10:6 21:6 26:20 32:17 40:21 43:13 47:22 50:7 69:6 70:21 79:16 84:13 ones [3] 58:19 66:14 82:11 open [i] 18:12 operate 1H operated [ij 17:12 25:24 operating [4] 24:8 53:7 54:2 62:14 operation [ij 51:14 operational [i] 25:8 operations [i] 57:6 opinion [3] 49:14 51:2 51:21 opportunity [ i ] 47:17 oral [i] 35:17 organic [i2] 7:5 7:12 7:23 8:18 15:11 15:11 72:21 72:21 7:3 7:21 10:3 49:7 original [4] 1:24 57:22 69:2 90:13 ourselves [ij 52:18 outline [i] outside [5] 12:9 84:17 85:17 77:15 11:3 84:21 outstanding [ i ] 5:17 overall [11 own |6] 2:4 17:25 57:3 85:14 80:19 2:22 85:13 -P- P[4] 50:1 3:1 3:1 55:15 P-R-I -Z-E [i] 77:9 package [i] 25:21 page [30] 1:5 44:3 55:19 57:2 63:24 64:15 66:13 67:24 69:5 70:18 71:17 72:16 72:19 72:21 78:14 81:13 85:3 89:24 90:16 90:18 1:2 50:18 58:10 66:11 69:1 70:23 72:18 78:13 81:14 90:14 pages [U 57:23 Papageorge [2] 81 5 86:17 Papageorge's [l] 55:10 paper [i] 22:13 paragraph [io] 49:2 49:3 50:18 68:2 68:3 71:4 72:20 81:14 81:23 82:3 paragraphs [i] 52:24 pardon HI 9:8 24:16 25:10 31:14 parentheses [4] 45:19 45:19 70:25 84:8 Park[i] 55:15 part [i2] 9:25 17:2 18:16 36:24 37:10 45:14 46:16 85:22 10:3 30:19 38:1 74:17 participate [ij 24:19 participated [3] 36:6 38:1 66:14 participation ii] 73:12 particular [6] 8:7 13:14 13:17 41:9 48:5 85:3 parties [2] 88:15 88:13 passed [ii 35 9 Paton[6] 42:19 42:24 43:16 64:11 76:12 76:21 Paton'sii] 42:25 Condcnsclt! TM Patrick [i] Paul [3] 9:25 73:19 19:22 10:2 pay [i] 18:14 PCB [23] 37:11 40:23 50:20 50:23 51:4 51:12 52:8 53:1 62:16 67:19 76:22 77:15 79:8 80:10 85:4 10:15 43:16 50:25 51:23 53:17 76:14 78:4 83:8 PCBS [56] 17:22 17:23 20:11 20:12 21:7 22:12 22:16 22:25 29:17 29:25 30:16 30:21 31:8 34:13 35:24 36:3 40:6 40:11 52:20 56:1 59:14 60:23 67:11 67:13 68:22 70:20 72:4 72:8 73:1 73:13 74:1 74:5 79:3 81:17 82:13 86:9 86:18 12:6 18:2 20:16 22:15 29:6 30:8 31:3 35:21 38:17 49:16 56:14 63:3 67:25 70:25 72:14 73:21 78:18 82:5 86:13 peaks [9] 22:14 22:18 31:1 31:2 31:8 67:25 22:13 22:20 31:2 penalty [i] pending [2] 65:15 89:12 2:19 Pennsylvania [2] 3:21 87:5 Pensacola [i] 72:9 people [ill 13:4 13:5 42:1 44:14 53:8 54:3 66:20 11:14 41:25 49:7 61:15 perfectively [i] 26:10 perform [3] 9:18 11:7 12:9 perhaps [7] 12:12 12:21 15:17 19:2 25:15 42:25 49:11 period ] 12:20 15:24 21:12 30:3 65:14 66:7 11:14 16:1 30:4 perjury m person [4] 11:24 11:25 89:12 9:4 34:10 personal [i] 17:25 pertained [i] 76:13 pesticides [3j 30:23 31:4 50:21 PhD [5] 6:12 6:14 6:21 44:24 45:4 Philadelphia [2] 3:21 6:24 Phone [ij 90:3 phrased [i] 30:6 physical [20] 7:25 8:1 8:7 9:16 9:19 9:23 13:16 14:2 14:17 15:19 45:4 45:5 84:1 7:4 8:4 9:17 10:22 14:13 44:24 83:14 picked [i] 58:21 picture [2] 80:19 22:9 piece [ i ] 22:13 pieces |i] 21:19 place [io] 31:23 31:23 34:5 51:10 80:20 81:1 3:21 32:1 51:17 84:17 places [i] 66:19 Plaintiffs m 2:23 3:3 4:2 plan [2] 77:16 85:12 plant [S] 63:1 63:2 67:1 63:1 72:9 plants [2] 85:6 57:3 Plasticizer [2j 20:6 55:17 poetic [ij 54:24 point [25] 12:20 13:25 19:11 19:17 19:20 20:18 26:4 26:9 27:19 27:22 38:21 45:11 47:11 56:5 72:3 84:1 10:6 16:25 19:18 25:19 26:22 30:4 45:20 56:12 84:13 pointed in 82:11 pointing [ij 46:5 points [i] 31:3 poisoned in 44:13 pollutant [i] 64:23 pollutants in 65:1 pollution [7] 57:2 57:4 57:7 77:15 79:9 80:10 85:5 polychlorinated [3] 64:19 64:22 65:1 position [ii] 13:24 15:6 15:18 16:22 20:10 34:18 54:18 12:17 15:17 19:24 42:25 positions [l] 12:21 positive [i] 34:4 positively [ij 22:25 possessed [i] 26:2 possibility [i] 78:2 possible^] 27:21 28:8 40:17 objective - Professor JUNE 23, 1998 pre-publication i i ] 64:1 preceding [2] 29:13 52:16 precise [i] 21:6 preface [i] 21:22 prepared [2] 33:7 33:5 presence [3] 29:6 29:17 29:25 present [4] 20:23 21:7 82:13 84:22 press |8] 39:19 39:24 39:25 40:4 59:23 60:3 60:7 60:9 pressure [i] 8:16 pressures [2] 8:5 73:7 preventi i ] 73:5 preventing [ij 85:5 previous [ij 34:15 previously [3] 34:16 55:10 82:12 primarily [6j 9:3 9:9 12:1 12:18 14:5 37:22 primary [i] 28:4 principal [2] 19:6 principally j i print[i] 7117 17:17 76:10 printing [i] 4:5 printout [ij 30:22 Prize [i] 77:5 problem [6] 37:12 54:5 83:9 85:4 34:4 80:10 problems m process is] 8:24 10:25 28:3 64:7 8:19 14:4 processes pi 14:21 produced [i4] 4:9 32:21 33:3 33:5 44:4 58:4 75:7 75:22 77:23 2:12 32:24 33:9 75:5 76:3 produces [ij 72:22 product [5] 65:9 78:9 80:18 10:24 79:17 production [i] 73:9 products [20] 8:23 10:15 24:6 40:23 67:12 67:19 73:1 76:23 79:9 79:10 84:13 84:14 85:6 8:19 20:4 67:2 72:23 78:8 83:10 84:22 Professor [is] 35:4 35:20 36:21 38:2 38:13 40:14 35:4 35:20 38:13 40:22 Index Page 8 HARTOLDMONOOQ7729 ROBERT KELLER 59:8 59:12 69:16 70:7 70:15 Professors [5] 32:5 36:2 36:16 37:8 38:23 profitable [l] 72:22 program [7] 52:25 54:11 54:15 54:19 54:25 82:25 83:7 project [6] 7:8 9:2 9:12 10:8 10:14 18:10 projects [3] 8:13 12:5 30:10 prompted m 24:12 properly [i] 30:7 propose [i] 45:14 protect [2i 73:1 72:23 prove [ij 52:5 provide [2j 84:9 57:11 providing [i] 57:12 PRR|8] 1:12 1:16 1:18 1:21 46:13 57:23 71:16 80:13 public [6j 2:18 4:4 73:7 88:5 89:23 90:16 publication [7] 38:19 38:24 43:10 62:3 86:8 86:10 86:12 publicized [i] 20:19 published [4] 38:10 47:24 48:1 69:5 purchase [ii 25:6 purchased [3] 24:23 25:1 26:17 purchasing p) 31:17 purpose [4i 29:6 29:21 30:2 37:17 put [6] 6:14 22:17 23:1 59:19 22:12 27:23 puzzling [i] 50:19 -Q- qualify [2] 66:18 quarterly [ij questions [ii] 4:13 4:24 22:4 22:5 87:13 87:15 87:20 quick [i] quickly [2j 76:7 quite [2j 47:25 quizpi 47:10 quotes [i] 20:14 71:15 1:2 7:17 87:10 87:18 82:18 45:13 63:14 81:16 -R- R [4] 3:1 41:5 47:2 48:13 R&D [7] 7:5 8:23 9:20 10:25 14:16 15:14 17:2 R-A-A-B [ij 81:10 R.A[i] 34:6 R.E [l] 76:12 Raab [ij 81:10 raised [i] 52:12 raises [i] 50:21 rather [4] 17:2 22:1 5:1 57:8 RE [l] 90:10 re-entered [3] 47:6 47:19 84:5 re-read [ij 29:12 reached [2] 82:13 26:9 read [is] 29:13 45:25 46:1 52:14 52:14 52:16 53:22 53:24 71:6 90:15 45:17 47:3 52:15 53:23 89:6 reading [sj 44:12 47:7 71:24 72:11 78:12 ready p) 18:12 really [4] 24:8 25:18 46:4 49:17 reason [4[ 5:11 22:24 25:17 85:21 reasoning [ij 68:20 receive [i] 61:2 recipient [2] 42:22 86:4 recipients p] 55:14 reclaim [ij 57:5 recognize [4] 34:4 44.2 58:13 83:1 rccollection[i3] 5:1 19:9 35:6 35:23 60:21 61:19 61:20 63:5 64:6 70:6 80:2 85:9 87:3 recommended [i] 63:21 record [S] 32:17 65:7 88:11 5:18 65:18 reduced pj 88:11 refer pj 42:9 48:15 84:8 reference p6] 44:15 57:1 59:6 59:22 60:15 61:21 63:25 64:3 64:17 68:1 39:24 58:22 60:2 63:9 64:11 84:7 references [3] 59:3 60:12 76:8 referred [9] 18:25 42:6 43:9 49:13 Condcnsclt! TM 57:6 58:18 61:6 62:13 64:7 referring [sj 41:18 42:2 86:11 25:4 68:3 refinery pj 24:9 reflected [i] 86:13 regulatory [2] 84:7 84:10 relate [ij 85:11 related PI 10:15 18:2 58:17 65:13 84:12 86:18 88:13 relating [2] 59:9 40:5 relative p] 80:18 85:20 88:14 release PI 39:19 39:24 40:5 59:23 60:7 60:10 39:15 39:25 60:3 reliable pj 82:12 82:5 remain (31 15:19 28:24 31:23 remained p] 28:14 remember [36] 30:11 31:16 35:3 35:16 36:11 40:8 47:22 55:13 59:12 59:16 60:3 64:25 72:3 72:8 73:24 74:4 79:14 79:16 80:25 81:1 84:11 86:8 86:12 86:16 23:16 32:4 36:2 45:11 57:11 59:16 66:23 72:11 78:23 80:23 81:4 86:10 remitted [i] 35:4 render HI repeat [5] 21:4 42:8 74:17 89:9 5:4 56:23 rephrase pj 17:24 5:4 replace PI 79:10 replacement [ij 79:17 report pj 59:5 60:17 68:10 71:15 80:17 80:22 32:6 66:9 74:14 reported [6] 19:14 19:15 53:1 70:10 19:12 19:20 reporter [22] 5:9 6:3 32:14 39:4 42:15 43:24 48:10 49:23 57:19 65:6 74:11 77:11 82:20 85:24 2:17 26:14 41:2 46:8 55:4 71:12 80:7 88:5 reporters pi 75:12 reporting pj 2:16 19:18 60:8 88:7 90:1 reports [4] 36:7 60:8 72:4 72:8 represent pj 32:20 32:22 33:5 71:19 74:21 77:20 22:14 32:23 74:19 representation p] 58:1 representatives [4] 80:18 80:24 81:2 86:23 representing PI 4:15 77:23 request [3] 12:13 75:19 75:23 required [2] 52:20 52:20 requires p] 25:12 research [42] 6:25 7:1 7:3 7:11 7:20 7:24 8:22 9:7 10:13 10:17 11:10 11:21 12:8 12:16 12:23 12:24 13:11 17:2 20:2 20:10 35:9 35:11 52:25 54:15 62:25 67:7 69:21 83:8 6:23 7:3 7:13 8:11 9:10 10:20 12:4 12:22 12:25 20:1 20:12 40:23 62:9 67:11 researcher [3j 19.7 26:17 66:25 researchers r>] 51:5 resemble [i] 22:14 reserved (l) 4:6 residues [i) 55 23 respond [i] 81:25 responded [i] 13: l response in 75 25 responsibilities m 8:10 9:2 10:9 12:17 13:23 15:5 18:9 responsibility rsi 8:12 11:20 12:19 20:4 76:11 responsible [3j 713 14:12 44:19 rest [2] 56:16 77:22 restrictions pi 73:8 result [2] 78:3 48:5 results [3] 27:2 38:9 47:23 resume pi 5:23 retire 111 17:5 retired [3] 17:10 32:1 34:10 retirees p] 17:14 retirement [i] 18:18 return pi 90:17 Professors - says JUNE 23, 1998 review 21 86:17 6:7 Richard [24] 19:24 35:13 35:19 36:6 37:25 38:1 45:14 46:4 55:20 57:11 63:7 64:4 73:20 76:11 79:2 86:3 3:15 35:13 36:22 44:12 46:11 57:12 64:11 76:21 Richardson |4] 62:7 62:8 62:9 62:11 rid [i] 31:18 right [i4] 2:22 6:10 13:20 22:6 38:15 41:22 50:13 51:12 75:2 2:4 10:21 34:6 49:5 62:4 right-hand p] 55:15 rings pi 72:6 Risebrough [6] 48:6 49:10 49:15 51:23 52:1 63:25 Risebrough's [2] 47:24 70:11 Rising [ii river [3] 72:5 72:13 Robert 7] 4:8 5:19 89:5 89:20 role [2] 37:22 Roman PI room [6] 46:3 47:12 47:19 84:5 rose [i] 13:7 34:24 72:6 2:12 88:8 90:13 37:22 83:11 47:6 77:17 Rosen pi Rough 11 roughly [ij Ruabor [41 67:1 67:8 run [i] 53:15 running pj 41:19 41:20 53:2 53:11 2:8 77:16 19:13 62:25 77:4 26:7 52:20 -s- S [2] 3:1 S000195 pj 32:18 sales [8] 10:2 10:7 12:12 72:24 73:1 sample pj samples [3] 40:23 54:16 San [i] 70:13 satisfied [2j 52:18 sawp] 68:16 says [24] 4:11 41:23 43:16 33:18 1:7 10:4 55:18 73:9 22:21 28:6 52:7 41:10 44:12 Index Page 9 HARTOLDMON0007730 ROBERT KELLER 45:22 50:1 55:20 61:1 64:15 74:13 82:3 45:24 50:18 57:24 61:23 69:2 76:9 scale [l] 9:4 scanned [i] school [i] Schroederm science [51 18:11 18:15 18:16 sciences m 15:8 15:16 16:24 44:20 Scientist [4i 38:24 43:8 scientist's [ij scientists [4] 53:2 54:17 SCM [2] 1:12 scope [ij Scotland [i] ScOtt [8 18:23 19:4 19:10 42:3 49:11 seal 11 ] 88:17 second m 49:3 55:19 70:21 72:20 section 17] 14:5 14:6 19:4 19:19 sec |7j 4:23 11:18 53:14 65:19 75:25 seeing [3] 59:11 60:9 seem i2j 54:6 senior[ 13J 7:3 7:20 9:7 9:10 12:16 12:23 13:11 19:3 sent [2j 41:24 sentence [5j 41:23 48:15 74:17 separate [i] September [3] 72:25 73:3 scries [3] 62:20 72:22 set [3i 25:11 88:16 sets 111 46:13 several [41 13:6 14:1 sheets [3] 90:16 90:17 Shell [2 62:9 short [5 47:18 82:21 87:17 49:6 52:24 60:16 64:11 69:8 80:22 50:13 6:22 90:1 18:8 18:15 15:3 16:16 45:6 38:19 59:6 49:8 51:16 76:18 46:13 10:11 69:11 19:2 33:16 81:6 47:1 67:24 77:20 13:20 16:8 70:18 9:1 60:7 59:7 85:7 6:23 8:11 10:13 12:24 20:12 89:25 41:9 57:4 22:9 71:15 4:24 57:5 4:21 66:12 90:14 69:21 67:3 87:19 shorthand [3] 2:17 4:3 88:5 show [i2[ 39:5 41:3 43:25 49:24 55:5 56:22 80:8 86:1 32:15 42:16 50:20 77:13 showing [5] 46:9 57:20 71:13 74:12 82:22 shown [3] 48:11 48:24 67:25 shows [i] 18:6 signfij 90.16 signature [7] 4:5 34:23 58:11 89:24 90:14 90:16 90:17 signed [i] 44:18 Simandlc [ij 2:7 similar [i] 62:2 Simmons m 61:22 simply [5] 44:25 53:6 74:7 7:9 54:1 Sincerely [i] 90:20 sit in 63:5 site [2) 63:1 63:2 sites [31 67:17 69:6 69:7 situations in 23:15 six[5j 2:14 11:16 13:7 13:9 25:13 sketch [i] 5:22 skill [2] 69:19 69:21 skim[i] 71:23 skipped [2] 64:15 64:10 slash [3] 26:8 26:15 44:14 slightly (ij 47:1 small [ij 17:11 Smith r2] 6:23 3:16 smudged in 47:2 soil [2] 29:25 30:5 soldpj 11:3 someone [4] 25:13 34:12 42:10 84:17 sometime [3| 27:25 56:17 56:24 somewhat [i] 62:3 somewhere fi j 28:1 sophisticated m 14:23 sorry |7] 22:6 24:25 26:7 31:21 37:21 64:14 70:23 sound [ii 44:25 source [i] 81:17 sources [4] 75:8 75:11 75:15 81:17 speak [i] 68:9 special [6] 8:5 Condenselt! 8:13 10:25 12:13 14:15 34:11 specific [4] 1015 11:23 36:8 48:4 specifically [io] 8:10 29:5 30:10 42:6 42:9 47:11 59:9 68:1 68:3 81:11 specifics [i] 84:9 specimens [i] 12:9 spectograph [i 23:16 spectrograph [5] 23:22 23:25 24:2 24:13 24:20 spectrometer [i4] 21:13 21:15 21:17 21:20 23:8 23:9 25:17 25:21 26:5 39:21 40:1 41:19 67:25 69:23 spectrometry [ il 14:24 spectroscopy [i7] 14:23 14:25 15:21 16:10 16:11 16:13 19:5 22:20 24:4 24:8 24:10 25:7 25:11 25:22 26:7 26:8 84:4 speculate [i] 4:25 speed [3] 28:3 28:13 37:7 spell [ii 77:8 Spirits [4) 2:24 3:8 2:10 90:10 spring [2] 38:6 38:5 spun [i] 16:13 St [18) 4:4 18:15 35:8 88:3 88:20 90:21 2:16 7:2 34:1 39:13 88:5 89:2 2:17 18:7 34:7 80:11 88:7 90:2 stabilities [ij 8:5 staff [ij 26:17 stages [2] 24:11 24:3 Stamped [sj 32:17 39:7 42:18 48:12 55:7 stand [2] 61:1 52:23 standpoint [2j 37:9 45:2 stands 11 stapled [11 started 131 10:18 16:14 43:13 77:22 7:20 starting [i] 19:7 state 13) 5:18 88:2 89:1 state-of-the-art [4] 28:19 28:23 28:24 29:7 statement [9] 49:8 50:17 73:4 75:2 76:13 81:15 48:23 67:23 76:9 statements 121 49:1 49:6 states [i2j 2:18 2:20 42:10 62:4 70:11 70:19 72:21 88:6 2:1 41:25 65:13 70:24 statistics [i] 15:25 Steenrodni 34:6 step [2] 37:3 52:19 steps [i 57:2 sticker [il Still [6] 18:20 31:25 51:19 56:11 57:22 31:22 51:21 STIPULATED m 4:1 stop(l) 7:15 stopped [ij 19:18 STR[2] 1:7 32:18 Strand [i] 34:24 Street [i] 3:16 studied in 73:13 studies [ii] 10:25 14:15 20:18 38:13 70:10 70:13 84:20 8:6 14:15 38:16 70:15 study [8] 38:18 47:24 70:3 73:21 83:9 25:13 52:6 76:14 subject [2] 74:14 39:14 subscribe [ij 89:11 subsequent [i] 84:20 subsequently [i] 64:25 subspecialtics [11 11:23 substance [12] 50:22 51:3 57:12 59:12 61:12 61:13 63:19 89:8 35:16 51:22 61:9 63:6 substances [2] 53:3 53:16 such [8] 14:24 23:4 23:7 24:9 29:4 75:24 89:7 89:10 suggests [i] 54:11 Suite [2] 3:5 3:17 summary [2] 70:18 71:5 supervision [4] 14:9 15:18 16:12 26:23 supervisor [4] 9:15 11:17 11:18 13:11 supplied [3] 39:20 42:7 42:11 scale - techniques JUNE 23, 1998 support [10] 8:24 8:25 10:24 14:15 74:6 76:12 8:22 9:23 15:15 76:19 supported m 15:15 supportive 111 surface [ij Susan [2) 87:12 51:9 8:5 3:9 Sweden [ii 35:21 35:24 36:7 36:12 36:18 37:5 39:15 40:6 54:13 54:17 60:23 70:8 24:18 35:25 36:15 38:17 40:10 60:16 Swedish [8| 50:22 51:4 53:8 54:3 61:14 20:18 53:1 59:25 sworn [3j 4:9 88:9 system [64] 21:16 21:17 22:17 23:8 23:17 23:23 23:25 24:13 24:23 25:7 25:12 25:16 25:17 25:18 25:23 25:25 26:8 26:16 27:3 27:5 27:20 27:22 28:13 28:14 28:23 28:25 29:7 29:16 30:7 30:20 31:16 31:22 44:15 51:10 51:16 52:7 53:3 53:7 53:15 53:16 54:16 56:7 2 12 21:13 21:21 23:9 23:24 24:20 25:11 25:16 25:19 26:1 26:25 27:10 28:6 28:19 29:4 29:24 31:14 41:19 51:14 52:21 53:11 54:1 60:1 systems [3] 23:1 26:3 26:4 -T- takes [i] 15:2 taking 15 ] 54:23 78:18 84:17 52:22 81:1 Tammie isi 4:4 88:5 90:21 2:17 88:20 Tatton [2| 61:25 61:22 Taylor [1] 90:1 Taylor*Schroeder [2] 2:15 88:6 team [7) 83:17 83:17 83:23 83:25 84:3 84:6 85:7 teams [2j 85:3 83:11 techniques [ioj 814 8:15 8:17 11:1 11:2 11:3 13:19 Index Page 10 L HARTOLDMONOOQ7731 ROBERT KELLER 21:8 82:4 86:17 technology [7] 8:25 15:15 16:20 16:23 16:25 17:2 17:3 Telephone m 3:3 3:7 telling [l] 38:19 ten [2] 13:9 13:10 tension [i] 8:5 terphcnyl m 64:19 terphenyls [2] 64:22 65:1 test [2] 45:16 45:24 testified [i] 31:22 testifying [i] 5:13 testimony (4) 5:8 5:12 17:25 88:12 testing [6] 8:21 9:18 16:2 16:3 45:15 45:22 tests [41 11:7 12:9 38:9 38:11 thank [2] 87:13 41:23 themselves [2] 9:22 59:1 theory (2) 43:18 43:16 therefore [i) 50:18 thereon [ij 89:10 thereupon m 88:10 thermal [i] 8:5 third [4] 50:18 63:24 68:3 72:16 thought [4] 16:9 24:25 37:21 52:3 three [8] 14:4 14:6 16:9 16:14 69:7 69:10 70:10 72:12 through [26] 7:17 12:12 15:2 15:24 20:9 21:13 22:11 22:12 27:13 28:14 31:18 47:7 53:3 53:16 57:23 65:8 80:13 6:11 12:20 16:17 21:14 22:17 31:17 52:21 55:7 77:14 throughout [2j 22:9 27:11 thrust [2] 59:15 45:11 thumbnail [i] 5:22 times [3] 4:20 4:21 34:13 title Ml 20:2 today [is] 4:23 33:24 44:6 47:5 50:15 55:8 63:6 66:6 71:25 77:19 83:13 86:5 4:18 42:19 48:21 60:19 70:13 80:14 together [sj 22:24 23:1 37:5 37:25 59:19 too [4] 41:11 63:11 71:19 78:14 took [3] 6:16 6:22 80:20 tool [1] 24:11 top [10] 44:11 46:22 50:18 59:3 65:12 78:14 81:14 45:13 57:24 72:19 total [2] 25:21 54:25 touching [i] 88:9 toward [41 8:23 16:5 8:17 83:8 towards [i] 76:8 toxicologists i 11 59:14 toxicology [3i 37:22 41:12 65:9 trace [i] 22:13 traces [2] 70:25 70:19 Tracy [i] 19:22 train [i] 26:19 trained [2] 26:21 26:18 transactions [i] 74:7 transcribed [ij 4:5 transcript [j 5:10 33:4 33:11 46:17 71:20 90:15 1:24 33:8 56:22 transcripts [2] 75:9 76:3 transfer [ij 44:15 transmitted [ij 59:10 transposed [i] 65:25 travel m 36:14 traveled [i] 37:25 trial [3] 5:11 90:18 5:13 trip [ii] 36:24 37:4 37:5 37:18 38:1 38:6 66:9 37:4 37:17 38:4 66:14 trips [4] 38:8 66:14 66:19 66:20 true [5] 56:6 56:25 88:11 89:9 89:13 truth [2] 88:9 88:9 trying [4] 21:6 34:5 51:24 85:11 Tucker [10] 18:23 19:2 26:22 42:4 81:6 83:18 18:23 26:20 49:11 83:19 Turet [i 33] 3:20 4:13 6:4 21:2 22:7 23:3 24:19 27:10 29:5 29:12 29:21 31:13 1:3 4:15 21:5 23:20 28:24 29:16 32:15 Condcnselt! TM 32:22 33:12 33:23 39:5 40:21 41:22 43:22 46:6 46:19 47:1 47:22 48:19 49:24 50:11 52:11 53:19 55:5 56:21 58:4 61:5 63:24 65:12 65:23 68:6 69:1 71:9 71:22 74:8 75:7 75:25 77:2 78:14 79:7 80:8 82:3 82:22 85:25 87:16 33:2 33:16 38:12 39:18 41:3 42:13 43:25 46:9 46:21 47:9 48:8 48:21 50:4 50:14 52:19 54:6 55:14 57:16 58:9 61:18 65:4 65:16 66:5 68:16 70:23 71:10 72:19 74:12 75:14 76:7 77:12 78:16 79:14 81:9 82:10 84:6 86:22 90:18 twelve [i] twice [i] tWO [16] 3:10 9:5 10:10 21:19 22:24 27:20 27:24 44:2 45:14 46:12 48:16 two-year [i] type [ii 17:1 8:21 14:21 24:6 24:6 51:8 67:1 types [3] 9:1 12:2 33:10 33:20 39:2 39:25 41:16 42:16 45:22 46:16 46:24 47:21 48:11 49:20 50:7 51:15 53:9 55:2 56:6 57:20 5 8:10 62:20 65:7 65:21 67:4 68:19 70:24 71:13 73:18 74:21 75:17 76:20 77:18 78:23 80:5 82:1 82:17 84:25 87:10 90:23 13:8 32:17 7:7 15:12 23:1 36:20 45:16 18:10 8:6 24:3 30:24 84:14 8:3 -u- U.K[2, 62:10 67:18 U.S[2] 25:18 69:7 U.S.D. Jiu U.S.M JlU under [is] 11:24 13:1 15:18 16:11 34:23 45:13 66:16 84:6 88:10 89:12 2:7 2:8 11:15 14:9 26:23 55:21 84:12 underneath [i] 135 understand [12] 5 3 5:8 5:14 11:22 21:2 21:25 22:2 23:20 26:11 54:4 56:9 81:18 understood [4] 5:6 24:25 53:14 53:21 underway [3] 54:12 72:23 72:25 unidentified |2] 48:24 49:4 unit[S] 31:18 31:18 37:11 76:19 85:15 United [4] 2:1 2:19 34:13 70:11 University [6] 6:13 6:18 6:19 70:2 70:5 70:12 unknown [i] 22:25 up [23] 13:7 25:11 28:3 46:21 53:11 57:5 59:3 8:15 20:9 25:23 37:7 50:20 55:15 57:22 64:14 10:14 21:18 26:7 41:19 51:24 56:22 58:21 76:9 updated [i] 6:6 upper [i] 55:15 used [23] 21:8 23:10 23:23 23:25 25:24 26:11 27:13 27:17 30:2 30:5 30:13 30:16 39:21 40:1 81:18 16:25 23:13 24:2 27:11 29:21 30:7 38:20 60:1 uses [3] 40:16 72:24 73:1 using [4] 44:25 54:16 67:24 78:8 usually [2] 33:17 26:15 Utrecht [2] 70:5 70:2 -V- V[2] 2:5 vague [i| valid [i] 82:6 value [ij vapor [2] 8:16 variety [i] various [2] 83:8 varying [2] 49:6 version [ij versus [ij vicinity |ij Video [3] 88:7 90:1 visit [3] 34:14 36:23 visited hi 37:1 60:16 2:8 81:3 37:10 8:4 8:18 31:3 48:25 7:9 78:18 72:9 2:16 36:22 36:24 70:5 technology - within JUNE 23, 1998 visiting [ij 34:12 visits [i| 66:10 vitae [i] 6:9 Vodden [4] 66:25 67:5 66:24 67:7 VS[1] 90:10 -w- W-I-L-D-E |i] 61:6 W.R [3] 46:11 55:20 76:11 wait|2] 66:3 70:21 waiting m 65:16 walk(i] 6:11 water [4] 20:23 21:7 29:6 30:17 Watkins [2] 90:7 3:13 WER[i] 44:11 Wcstenberger [1] 83:19 Whales pi 63:1 67:1 67:8 Wheeler [27] 35:7 35:19 36:19 37:13 37:20 37:22 37:23 37:24 46:11 48:3 53:5 53:25 59:17 73:20 76:21 81:6 86:11 86:16 1:14 36:7 37:13 37:23 37:25 50:1 59:2 76:1 1 86:3 Wheeler's [2] 37:4 54:23 wherein [i] 2:21 WHEREOFp 88:16 white [2] 54:20 52:3 whole [3] 48:14 79:8 46:1 Widmark [28] 32:5 32:10 35:20 36:2 36:22 36:25 37:1 37:6 38:2 38:13 39:21 40:2 43:9 51:6 59:8 59:12 60:23 62:2 24:18 35:5 36:16 37:1 37:8 38:23 40:22 59:7 60:1 69:3 Widmark's [ij 25:4 Wilde [3] 61:5 61:12 61:13 wildlife [2] 71:1 50:20 William (8j 44:11 45:14 63:17 73:20 86:3 19:24 63:15 76:21 Wilson [i] 3:9 withdraw [7] 28:11 28:18 53:19 60:20 11:13 51:20 64:1 within [2ij 2:18 I Index Page HARTOLDMONOOQ7732 ROBERT KELLER 7:23 17:12 49:9 64:21 78:1 79:2 88:5 11:25 22:15 51:2 65:2 78:6 84:17 89:8 without [2] 73:8 witness [9j 22:6 52:15 82:2 88:10 88:16 89:25 witnesses [ 11 WOOd [18] 32:19 34:23 35:6 35:16 37:21 39:8 40:9 41:6 42:11 60:16 60:22 , 61:2 words m worked] 8j 11:21 11:24 17:15 18:1 67:12 workers [2] 69:4 world |ii] 2:23 3:19 4:16 51:16 55:25 56:14 86:24 worried uj worth fi] writing [4] 5:12 41:15 written [s] 66:7 68:17 74:4 wrote [2] 69:15 15:17 39:19 51:22 72:12 78:17 87:7 27:21 4:5 65:10 88:12 90:15 32:7 35:3 37:19 39:11 42:7 60:19 85:16 11:14 17:9 34:11 40:15 2:6 4:10 55:23 56:16 40:16 47:9 5:9 88:11 5:10 71:3 44:24 -Y- year [7] 6:19 25:9 25:11 27:20 53:12 years (4) 10:9 10:10 yet i i ] 48:18 yourself (2\ 9:9 Yusho m 25:8 26:6 7:7 27:24 9:6 44:16 Condcnsclt! TM without - Yusho JUNE 23, 1998 Index Page 12 HARTOLDMONOOQ7733