Document 3e6a1E3ZVEoEVKrKDELrZwODO

0RIGINAI%^ 1 2 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE 3 IN AND FOR NEW CASTLE COUNTY 4 5 6 7 IN RE: ASBESTOS LITIGATION ) Limited to: ) C.A. 98C-05-047 8 Raymond Nack ) 9 10 11 12 13 14 15 DEPOSITION OF CARMEN SBEZZI TAKEN ON NOVEMBER 3, 1998 16 STAMFORD, CONNECTICUT 17 18 19 ATKINSON-BAKER, INC . CERTIFIED COURT REPORTERS 20 330 North Brand Boulevard, Suite 250 Glendale, California 91203 21 REPORTED BY: ESMERALDA NAZARIO 22 FILE NO.: 9826467 23 24 25 2 1 2 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE 3 IN AND FOR NEW CASTLE COUNTY 4 5 6 7 IN RE: ASBESTOS LITIGATION ) Limited to: ) C . A . 98C-05-047 8 Raymond Nack ) 9 10 11 12 13 14 15 16 17 DEPOSITION OF CARMEN SBEZZI, taken at 18 the request of the Plaintiff pursuant to Rule 19 30(b)(6) of the Delaware Rules of Civil 20 Procedure before Esmeralda Nazario, a Notary 2 1 Public in and for the State of Connecticut on 22 Tuesday, November 3, 1998, commencing at 23 10:55 a.m. at the offices of Silver & Galub, 184 24 Atlantic Street, Stamford, Connecticut. 25 3 1 APPEARANCES 2 3 FOR THE PLAINTIFF: JACOBS & CRUMPLAR, P.A. 4 2 East 7th Street P.O. Box 1271 5 Wilmington, Delaware 19899 BY: THOMAS C. CRUMPLAR, ESQUIRE 6 7 FOR THE DEFENDANT: NOLTE & BRODOWAY, P.A. 8 3 Mill Road Suite 301 9 Wilmington, Delaware 19806 BY: BARBARA A. BRODOWAY, ESQUIRE 10 RYAN, RYAN, JOHNSON, MCCAGHEY & DELUCA, LLP 11 80 Fourth Street P.O. Box 3057 12 Stamford, Connecticut 06905 BY: CHARLES M. MCCAGHEY, ESQUIRE 13 14 15 16 17 18 19 20 21 22 23 24 25 1 INDEX 2 3 DEPONENT: CARMEN SBEZZI 4 5 EXAMINATION BY MR. CRUMPLAR 6 7 8 9 NUMBER 1 10 2-6 EXHIBITS Notice of Deposition Catalog Ads 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 PAGE 5 PAGE 5 47 5 1 2 STIPULATION 3 The parties stipulate that the sealing, 4 certification and filing of the deposition are 5 waived, and that all objections except as to the 6 form of the question and all motions to strike 7 are reserved until the time of trial. 8 9 CARMEN SBEZZI, SWORN 10 11 (Exhibit 1, Notice of 12 Deposition, marked for 13 identification.) 14 15 EXAMINATION BY MR. CRUMPLAR: 16 Q. And it's Mr. Sbezzi? 17 A . Sbezzi. 18 Q. Okay. My apologies if I 19 mispronounce it several times. 20 A. Everybody does. 21 Q. I am going to show you the notice of 22 the deposition and ask if you've ever seen this 23 document before or anything similar to this 24 document. It's the re-notice of the 25 deposition. You may have seen the original. 6 1 A. I don't think I've seen this. 2 Q. How did you find out about today's 3 deposition? 4 A. I was told through Mr. Spesolito 5 (phonetic). 6 Q. And that's your attorney? 7 A. No. That's one of the officers of 8 the corporation. 9 Q. Who's the one that told you about 10 it? 11 A. Vince Spesolito. 12 Q. 13 company? And what's his position with the 14 A. Vice president of finance. 15 Q. Okay. Was there a discussion among 16 you and the other people in the company as to 17 who would be the person who should best be the 18 spokesman for the corporation at this 19 deposition? 20 A. Yes . 21 Q. And it was decided that you should 22 be the one? 23 A. Yes . 24 Q. And can you tell me why it was 25 decided that you should be the one? What's 7 1 special about you, sir? 2 A. I have been with the company for the 3 longest period. 4 Q. Okay. And how long is that? 5 A. I started at Sexauer in 1963. 6 Q. Okay. Let me ask you. The request 7 for deposition asked to bring the person most 8 knowledgeable. And I understand -- I appreciate 9 the decision that you'd be of the people in the 10 company that -- the person that best fits the 11 bill. 12 It also asked that you bring with 13 you various documents dealing with Sexauer's 14 asbestos business. Did you go over the records 15 to see if there are any documents that were 16 responsive? 17 A. I did not bring any documents. 18 Q. Okay. Did you look through your 19 files or discuss with anyone else whether you 20 had any documents that were responsive to our 21 request or did you even note that we had even 22 made a request that you bring documents? 23 A. I wasn't aware of the documents. 24 Q. All right. So you weren't aware and 25 therefore you didn't look for them, all right. 8 1 How old are you, sir? 2 A. I'll be 63 this month. 3 Q. Okay. And you were born? 4 A. 1935. 5 Q. Okay. If you can basically go 6 through your educational background and your 7 employment background up to the present. 8 A. How far back you want to go on 9 education? 10 Q. Well, where you went to high school 11 and then from there. 12 A. I graduated North Tarrytown High 13 School 1954. I went to Manhattan College. 14 Graduated from Manhattan College in 1958 with a 15 BS degree in Labor Management. 16 Q. And what did you do at that point? 17 A. I went to work for a sporting good 18 store in North Tarrytown. 19 Q. That's in Connecticut. Right? 20 A. New York. 21 Q. All right. Tarrytown you said? 22 A. North Tarrytown. There's a 23 difference between Tarrytown and North 24 Tarrytown. As a matter of fact. North Tarrytown 25 has recently been changed to Sleepy Hallow. 9 1 Q. I've read about it in the papers. 2 A. Us old-timers who were born there 3 still insist it's North Tarrytown. 4 Q. And when did you -- how long were 5 you with the sporting store? 6 A. Approximately two years. 7 Q. Okay. And what did you do then? 8 A. From there, I went to a purchasing 9 position with Tinsel Light Insulated Wire. 10 Q. Okay. And where was that located? 11 A. In Tarrytown, New York. 12 Q. Okay. And how long were you with 13 Tinsel Light Insulated Wire? 14 A. About a year and a half. And then I 15 was employed in New York City under Western 16 Union, purchasing department, for a period of 17 two years. 18 Q. Okay. And what was your next 19 position? 20 A. J. A. Sexauer in1963. 21 Q. Okay. Let mejust ask. Prior to 22 1963, in any of your jobs, had you ever had any 23 involvement with asbestos? 24 A. No. 25 ________Q_.________Okay, Any of the companies that you 10 1 worked for as far as you know deal with asbestos 2 either in terms of selling it, manufacturing of 3 it, installing it, in any of their products? 4 A. No. 5 Q. Okay. Did you have any family 6 members that were ever involved in the asbestos 7 business ? 8 A. No . 9 Q. I make that very broadly. 10 A. No . 11 Q. Have you ever worked with or been 12 involved with asbestos outside possible 13 involvement with J. A. Sexauer? 14 A. No. 15 Q. Have you ever studied asbestos? 16 A. No. 17 Q. Okay. What was your position when 18 you joined J. A. Sexauer in 1963? 19 A. Purchasing assistant. 20 Q. And where did you work? 21 A. Ten Hamilton Avenue, White Plains, 22 New York. 23 Q. Describe the nature of J. A. 24 Sexauer's business in 1963 when you joined that 25 organization. 11 1 A. It was a plumbing specialty 2 company. They sold replacement parts throughout 3 the United States to end users. 4 Q. Okay. Explain what you mean by 5 replacement parts? 6 A. The internal working parts of most 7 manufacturers such as American Standard Code. 8 We sold replacement handles, replacement stems. 9 We did not sell what we call new construction 10 business. What it was. 11 Anybody that was big enough to 12 have its own maintenance department that 13 required parts to conduct their business. 14 Q. Okay. So almost in a sense, 15 aftermarket business? 16 A. Aftermarket, yes. Like someone from 17 the automotive aftermarket. 18 Q. And so you would sell to somebody 19 who didn't necessarily need a four part, but it 20 was similar when you're replacing something in 21 your car? 22 A. Right. 23 Q. Okay. And the customers were I 24 think you said organizations that were large 25 enough to have a maintenance department?_____________ 12 1 A. And plumbers. 2 Q. And plumbers? 3 A. Yes . 4 Q. Would you sell both to what I'll say 5 companies such as Dupont, the large 6 organizations, as well as to plumbing supply 7 houses ? 8 A. Not plumbing supply houses as much 9 as individual plumbers who needed merchandise to 10 carry on their business. 11 Q. Okay, all right. 12 A. Plumbing supply houses were very 13 often competitors of ours because they also 14 sold. 15 Q. Let me ask. How would -- are you 16 familiar with selling to the Dupont Corporation? 17 A. Yes . 18 Q. Okay. And how would, say, the 19 maintenance department at a Dupont plant in 20 Delaware or New Jersey get your products? 21 A. Through a service call from our 22 salesman. 23 Q. Okay. So your salesmen would call 24 and cover the entire United States basically? 25 ________A.________Not one salesman.___________________________ 13 1 Q. I know, but there were -- your sales 2 force covered the entire United States? 3 A. Right. 4 Q. Who was, if you can recall, the 5 salesman assigned to the territory which I'll 6 call the Mid Atlantic states: Delaware, 7 Maryland, Southern New Jersey, Southeastern 8 Pennsylvania ? 9 A. During what period? 10 Q. Let's say from 1963 on. 11 A. They were -- that's a very broad 12 area, so there were many salesmen in that. 13 Q. How about salesman for Delaware? 14 And it may overlap with some other states. 15 A. Jack Flagg in 1963. 16 Q. What was his last name? 17 A. Flagg, F-L-A-G-G. 18 Q. And let me ask you. Was Delaware, 19 the Delaware sales market, was that with another 20 state or region? 2 1 A. I believe that was a sales territory 22 by itself. 23 Q. Okay. And Mr. Flagg, had he been - 24 he was with the company before you came? 25 ________A .________Yes .___________________________________________________ 14 1 Q. Okay. Is he still alive today? 2 A. No, he passed away. 3 Q. Do you know who his predecessor was, 4 who was responsible for Delaware? 5 A. For a very short period, we had a 6 salesman called Drew Hoffman. 7 Q. Is he still alive? 8 A. I do not know. 9 Q. Who was Mr. Flagg's successor? 10 A. Mr. Hoffman. 11 Q. Oh, Mr. Hoffman. He followed 12 Mr. Flagg? 13 A. He followed Mr. Flagg. 14 Q. And you're not sure whether he's 15 alive or not? 16 A. No . 17 Q. When did Mr. Hoffman take over the 18 position? 19 A. I believe it was in the late '70s 20 for a very short time then. I don't have the 21 start and ending dates. 22 Q. That's fine. Do you know who was 23 the salesman responsible for Delaware before 24 Mr. Flagg? 25 A. No, I do not. 15 1 Q. Did Mr. Flagg and then later 2 Mr. Hoffman, did they work out of the White 3 Plains office or did they have - 4 A. Our salesmen worked out of their 5 homes. 6 Q. And do you know where Mr. Flagg 7 lived? 8 A. No, I do not. 9 Q. Now, as I understand it, you said 10 the salesman would call Dupont or the other 11 large companies and arrange for the sales 12 business. 13 In terms of -- besides the large 14 companies or companies large enough to have 15 their own maintenance departments, you also sold 16 to individual plumbers as I understand it. 17 Correct ? 18 A . That was one of our markets, 19 although it was a small market. 20 Q. Okay. And how would the individual 21 plumbers hear about you and do business with 22 you? 23 A. I would say through word of mouth, 24 Sexauer has been in business since 1921. 25 ________Q. And you have a catalog that they 16 1 could pick up the phone and order? 2 A. Yes, we do. We always had a 3 catalog. 4 Q. Did Sexauer have at any time 5 distributors that they would send their product 6 to another store that would then sell the 7 product ? 8 A. No. We always sold by direct 9 salesmen. 10 Q. Did Sexauer -- if you can tell me in 11 1963, how many offices or plants did Sexauer 12 have ? 13 A. One home office. 14 MS. BRODOWAY: I am going to 15 ask you, if you don't mind, to 16 separate that into two questions. 17 Offices and then plants. 18 MR. CRUMPLAR: That's fine. 19 Q. (By Mr. Crumplar) You say you had 20 one home office? 21 A. That's correct. 22 Q. And where was that? 23 A. In '63? 24 Q. Yes. 25 A._______ Ten Hamilton Avenue, White Plains. 17 1 Q. Okay. Now, besides the office in 2 White Plains -- and that's where you worked. 3 Correct ? 4 A. Yes. 5 Q. And that's where the president was? 6 A. That's correct. 7 Q. Was there any other operations of 8 Sexauer? 9 A. No. 10 Q. Okay. So you had the office at 11 White Plains and then the salesmen live - 12 worked out of their homes? 13 A. That's correct. 14 Q. Okay. Was there -- at the location 15 of White Plains, besides offices, was there a 16 warehouse? 17 A. Yes, there was. 18 Q. Now, Sexauer was founded in 1921, as 19 I understand it. Was it always in the White 20 Plains area? 2 1 A. No. It was founded in New York 22 City. 23 Q. Okay. And then it moved out to 24 White Plains? 25 ________A_.________It moved from New York City to_________ 18 1 Bronx, New York. 2 Q. And when did it move from New York 3 City to Bronx, if you know? 4 A. I understand it's about three years 5 in New York City and then into Bronx. 6 Q. When did it go from Bronx to White 7 Plains ? 8 A. 1962. 9 Q. Today, where is -- in 1976, as I 10 understand it, Sexauer was acquired by a company 11 now known as Dyson-Kissnar? 12 A. Moran. 13 Q. Moran. 14 A. DKM. 15 Q. Okay. I'll call it DKM. In1976? 16 A. That's correct. 17 Q. And where is DKM's headquarters? 18 A. In New York City. 19 Q. Okay. Do they still have an 20 operation in White Plains? 21 A. They don't have an operation. 22 Q. Okay. Let's move to theperiod 1963 23 to 1976. During that period of time, did 24 Sexauer continue to operate basically the same 25 fashion as they had before; they were a plumbing 19 1 aftermarket business? 2 A. Yes . 3 Q. And they had one location in White 4 Plains, New York? 5 A. Yes . 6 Q. Okay. In 1976, after DKM acquired 7 them, how did their business change, if at all? 8 A. There was no change. 9 Q. Pardon? 10 A. There was no change. 11 Q. Okay, all right. They continued to 12 service the plumbing aftermarket out of their 13 White Plains facilities? 14 A. Yes . 15 Q. Okay. 16 A. Yes . 17 Q. Okay. Are those White Plains 18 facilities still in use? 19 A. No, they're not. 20 Q. When did they cease to be in use? 2 1 A. I don't recall the year, but we had 22 a warehouse in Louisville, Kentucky. 23 Q. So sometimeyou closed the White 24 Plains facility and opened up a warehouse in 25 Louisville, Kentucky?__________________________________________ 20 1 A. We first opened up a warehouse in 2 Louisville, Kentucky, and operated from two 3 warehouses and then consolidated by closing 4 White Plains. 5 Q. Do you know about when you first 6 opened up the Louisville, Kentucky, warehouse? 7 A. Approximately 25 years ago. 8 Q. 1974. And about when was the White 9 Plains warehouse closed or consolidated? 10 A. Three or four years after. 11 Q. Okay. In the what I'll call the 12 headquarters or the business aspect of Sexauer 13 as opposed to simply the warehousing, after - 14 in 1974, you opened up two warehouses, but still 15 the administrative offices were still in White 16 Plains ? 17 A. That's correct. 18 Q. Okay. In 1976, when DKM acquired 19 Sexauer, you had the administrative offices in 20 White Plains, a warehouse in White Plains, and a 21 warehouse in Louisville. What happened to the 22 administrative offices in White Plains after DMK 23 -- DKM acquired Sexauer? 24 A. They remained. 25 JL____ Okav. And how Iona did the 21 1 administrative offices of the Sexauer division 2 of DKM remain at White Plains? 3 A. Until we moved from that building to 4 another building. We're now in Scarsdale, but 5 we have a P.O. Box called White Plains. Urban 6 Renewal took the building. 7 Q. All right. Have you ever been 8 deposed before, sir? 9 A. I have been deposed, yes. 10 Q. Have you ever been deposed in 11 asbestos litigation? 12 A. No . 13 Q. Okay. What type of litigation or 14 cases were you deposed in? 15 A. Sulfuric acid. 16 Q. Okay. Can you just tell me -- that 17 was a personal injury case? 18 A. Yes . 19 Q. What was that about without going 20 into great detail? 21 A. A consumer spilled some sulfuric 22 acid on them, and I was deposed. 23 Q. Sulfuric acid that they had 24 purchased from Sexauer? 25 ________A_j________No, they did not purchase it from 22 1 Sexauer. 2 Q. Why was Sexauer involved? 3 A. It was our product, and I'm not sure 4 where they were. 5 Q. And they were using the sulfuric 6 acid with the product, okay. 7 A. Drain cleaner. 8 Q. Okay, I understand.In 1963, about 9 how many employees were there of Sexauer 10 Corporation? 11 A. Internal or external or 12 salespeople? 13 Q. All three, I guess. 14 A. I'll start with the salesforce. 15 Q. Okay. 16 A. Approximately 100 salesmen. 17 Approximately 75 to 80 people in warehouse and 18 office. 19 Q. Okay. Were the salesmen by in large 20 just Sexauer salesmen or would they carry 21 several other brands? 22 A. All Sexauer salesmen are not allowed 23 to carry any other brands. Strictly Sexauer. 24 Q. In 1976, what was the salesforce of 25 Sexauer? 23 1 A. 110, 115. 2 Q. And how about thewarehouse office 3 of personnel? 4 A. No major change. 5 Q. Okay. So about 75, 80, okay. And 6 let's just take it ten years later by 1985. 7 What were the salesmen now of the Sexauer 8 division and the office warehouse? 9 A. 125 salesmen. 10 Q. Okay. 11 A. My boss runs a tight ship. Not too 12 much increase in other personnel. 13 Q. Would it be fair to say that really 14 at least in terms o f the type of bus iness that 15 i s being done and the basic method o f doi ng the 16 business hasn't really changed since DKM 17 acquired Sexauer? 18 A. No, it hasn' t. 19 Q. Okay. Sexauer, before it wa 20 acquired by DKM, was it a publicly trade 2 1 corporation or was it a family corporati 22 Just describe its ownership. 23 A. Family owned. 24 Q. And in 1976, the acquisition, was it 25 a merger or did DKM simply acquire the assets. 24 1 if you know? 2 A . As far as I know, DKM acquired the 3 company. 4 Q. Okay. So it bought the actual stock 5 of the company? 6 A. Yes . 7 Q. Okay. Do you have any family 8 connections to the Sexauer family? 9 A. Wish I did. 10 Q. Okay. 11 A. The answer is no. 12 Q. And is DKM now publicly traded? 13 A. No, it's not. 14 Q. Do you have any ownership in DKM? 15 A . Wish I did. No is the answer. I 16 could wish. 17 Q. The Sexauer Company was founded by. 18 I guess, Mr Sexauer back in 1921? 19 A. John Sexauer. 20 Q. Okay. Between its founding and its 21 acquisition by DKM, did it always remain family 22 owned or was it ever owned or affiliated with 23 any other companies? 24 A. To the best of my knowledge, it was 25 always in the Sexauer family._____________________________ 25 1 Q. And since 1976, the Sexauer business 2 has remained a part of DKM. Correct? 3 A. That's correct. 4 Q. Did Sexauer -- I mean both as an 5 independent corporation and then after 1976 as a 6 division of DKM -- ever manufacture any items ? 7 A . NO, i t did not manufacture. 8 Q. Did you ever re-brand or re- label 9 any products so you would get -- someone else 10 would manufacture it, but you would put 11 Sexauer's label on it? 12 A. Yes. 13 Q. Okay. And why did you do that? 14 A. For recognition on the customer's 15 behalf. You know, we always built our business 16 on quality and service and the products that we 17 sold. We try to give a name identification so 18 that they were familiar and would reorder. 19 Q. Okay. And that's what I'll call 20 re-branding. How long had that gone on? 2 1 A. As long as I know. 22 Q. Okay, okay. Now, an active part of 23 the business when you were there in '63 and 24 continued on? 25 ________A;________Yes .__________________________________________________ 26 1 Q. At any time, did any of the products 2 that Sexauer -- plumbing products that Sexauer 3 sold contain asbestos? 4 A. Yes . 5 Q. Okay . What products and when? 6 A . When you say "and when," I don 7 know how far back. 8 Q. Let's start what products contained 9 asbestos as far as you kn|ow. 10 A. We have dye-formed packing rings. 11 Q. What was that? 12 A. Dye-formed. 13 Q. What do you mean bydye-formed 14 packing rings? Explain that. 15 A. It's a ring that's made for a 16 particular valve, and it's shaped to a certain 17 contours to fit a particular valve, be it a 18 Kolar faucet. Packing is made to fit in the 19 Kolar faucet. 20 Q. Okay. What else did you make that 21 contained -- excuse me -- did you sell that 22 contained asbestos? 23 A. Wicking. 24 Q. What exactly iswicking in layman's 25 terms, non-plumbing terms? 27 1 A. Very much like string. 2 Q. And what would be its purpose? 3 A. For packing. Not for a particular 4 faucet, but for packing valves. 5 Q. And the packing of a faucet or a 6 valve is basically to help seal the connection. 7 Correct ? 8 A. Prevent water from coming out. 9 Q. Or any other fluids? 10 A. Yes . 11 Q. Okay. What other asbestos products? 12 A. Sheeting. 13 Q. Okay. Describe how thesheeting 14 would be used. 15 A. It would be used by a customer who 16 wanted to cut his own gasket or packing. 17 Q. Okay. So it's in a sheet and then 18 you can kind of customize the particular need 19 for the packing? 20 A. That's correct. 2 1 Q. Or gasket, okay, or anyother 22 asbestos-containing products? 23 A. Yes. 24 Q. All right. In 1963 when you started 25 with the company, they were selling these three 28 1 types of asbestos products? 2 A. That's correct. 3 Q. Do you know how long they had been 4 selling those types of asbestos products? 5 A. No, I do not. 6 Q. But for a considerable time? 7 A. I would say so. 8 Q. And are they still selling those 9 asbestos-containing products today? 10 A. No. 11 Q. And when did they stop and if they 12 stopped at different times with different 13 products ? 14 A. I do not have the dates, but I would 15 say sometime in the middle '70s, late '70s. 16 Q. Okay. Were you involved in the 17 decision to stop selling Sexauer's asbestos 18 products ? 19 A. No. I was out of purchasing by that 20 time . 21 Q. Do you know why the decision was 22 made? 23 A. I would venture that it was on the 24 recommendation of vendors who had come up with 25 another product.________________________________________________ 29 1 Q. Okay. You say you venture, so 2 that's just a guess on your part? 3 A. Yes. 4 Q. Let me ask in terms of -- you 5 started out in purchasing in '63. Let's briefly 6 go over your jobs with the company. How long 7 did you stay in purchasing? 8 A. In 1976, I was made vice president 9 of purchasing. In 1982, I was made vice 10 president of sales. 11 Q. And what is your position today? 12 A. Vice president of sales. 13 Q. Purchasing, I guess, is purchasing 14 the materials from the manufacturers and then 15 sales is selling those things? 16 A. Correct. 17 Q. Okay. And when you were in 18 purchasing in 1976, '76 you left from -- went 19 from purchasing -- excuse me. You went from 20 purchasing to sales in 1982. Is that correct? 21 A. That's correct. 22 Q. Sometime while you were in 23 purchasing, the shift went from asbestos to 24 non-asbestos ? 25 ________A_.________No, I believe it was after._______________ 30 1 Q. So sometime after you left 2 purchasing, so it would be after 1982? 3 A. Right. 4 Q. Can you tell me who the vendors or 5 the suppliers of the asbestos-containing 6 products, the packing, the sheets, and the 7 wicking, Sexauer -- and by Sexauer, I'm 8 referring both to Sexauer independent company as 9 well as the division of DKM -- purchase their 10 asbestos from? 11 A. During what period? 12 Q. Well, that's fair enough. From 19 13 -- in 1963, where did they get it? 14 A. While I was in purchasing? 15 Q. Yes . 16 A. The dye-formed packings were from 17 two sources: Johns Manville and Raybestos 18 Manhattan. The wicking came from a company 19 called Ureka Packing. And the asbestos sheeting 20 came from a company called Garlock. 21 Q. Okay. Now, was there ever a time 22 while you were there in purchasing up to '82 23 when the dye-formed packing came from a company 24 other than JM or Raybestos Manhattan? 25 ________A. ______Not that I recall. 31 1 Q. Did it continue to be both from JM 2 and Raybestos Manhattan? 3 A. Primarily from Johns Manville and 4 fewer products from Raybestos. 5 Q. Let me just ask if you can say 6 primarily. 70% JM? 30% Raybestos? 7 A. I don't know what the percentage is. 8 Q. But the majority was JM? 9 A. The majority, yes. 10 Q. Is it your understanding that before 11 1963 for a number of years JM and Raybestos 12 Manhattan had been suppliers of the dye-formed 13 packing? 14 A. Yes . 15 Q. Do you know if there had been any 16 other suppliers of the dye-formed packing other 17 than JM or Raybestos Manhattan? 18 A. Not that I know of. 19 Q. Did you deal with the JM people 20 regarding purchasing? 21 A. What do you mean by "deal with"? 22 Q. Fair enough. Let me ask. First of 23 all, where did the JM packing come from? What 24 plant? Do you know? 25 A. I believe it was from New Jersey. 32 1 Q. Okay. Manville, New Jersey? 2 A . I think so. 3 Q. And was there a person at the 4 company who was responsible for dealing with 5 Johns Manville, dealing with their supply of the 6 dye-formed packing? 7 A. Was there a person responsible in 8 Johns Manville? 9 Q. No, at Sexauer for Johns Manville. 10 A. I was the person. 11 Q. Okay, all right. And who did you 12 deal with at Johns Manville? 13 A. I could tell you his first name 14 right now. His last name is not familiar to 15 me. Frank. And it's an Irish name. He was 16 Johns Manville's salesman who called our 17 department. 18 Q. All right. Did you ever go to the 19 Johns Manville plant in New Jersey or Johns 20 Manville headquarters? 21 A. Yes, I was taken to the Manville 22 plant. 23 Q. When were you given a tour of the 24 Manville plant? 25 ________________________ MS. BRODOWAY: I am going to__________ 33 1 object because you're 2 characterizing it as a tour. 3 MR. CRUMPLAR: Okay, fine. 4 Q. (By Mr. Crumplar) When were you 5 taken through the Manville plant? 6 A. Sometime between 1963 and '65. 7 Q. Okay. Tell me what you remember of 8 that visit at the Manville plant. Describe it. 9 A. Not very much. He showed me his 10 ability to deliver product and satisfy the 11 customers' time request. 12 Q. Did you actually see the 13 manufacturing process? 14 A. No. I was entertained in the 15 executive office. 16 Q. So you didn't actually go into the 17 plant? 18 A. They wanted to introduce me to the 19 office personnel. 20 Q . All right. 2 1 A. Who I would be expediting orders 22 with so that we would have a relationship. 23 Q. Besides that one visit to the 24 Manville facility sometime between '63 and '65, 25 any other visits to the Manville location?________ 34 1 A . No . 2 Q. Okay. And I take it thatthe 3 Manville salesman would from time to time visit 4 you - - 5 A. Yes. 6 Q. -- in New York? All right. Were 7 you the person at Sexauer who would deal with 8 Raybestos Manhattan? 9 A. That's correct. 10 Q. And what plant ofRaybestos 11 Manhattan manufactured the dye-formed packing, 12 asbestos packing? 13 A. I don't know. 14 Q. Okay. Did you ever visit any 15 Raybestos Manhattan facilities? 16 A. No. 17 Q. No? 18 A. No . 19 Q. Do you recall the name of the 20 Raybestos Manhattan salesman? 21 A. No. 22 Q. A Mr. Skokroff (phonetic), does that 23 ring a bell? 24 A. No. 25 ________Q_.________Was it the Raybestos Manhattan_________ 35 1 offices in Connecticut that you got products 2 from or you can't say? 3 A. I do not know. 4 Q. Ureka Packing, where are they 5 located? 6 A. They were in Brooklyn. 7 Q. Okay. 8 A. I don't have a street address. 9 Q. And did you ever visit their 10 location? 11 A. No . 12 Q. 13 located? And Garlock, where were they 14 A. I don't know. 15 Q. Did you ever visit their office? 16 A. No, I did not. 17 Q. Or plant? 18 A. No . 19 Q. Of the three types of asbestos 20 products, was there one type that you sold more 21 often? 22 A. I would say we sold more of the 23 dye-formed packing. 24 Q. Okay. Let me ask. How does the -- 25 we'll take each of the three products. First 36 1 the dye-formed packing. How is that shipped to 2 your facility, your warehouse at White Plains? 3 A. Depending on which model, which 4 size, we would order them in quantities of 5 1,000, 2,500, 5,000 the real popular one is 6 10,000 pieces. They would come in what I call 7 bulk packing. It would be in a box. 8 Q. Okay. 9 A. Containing that quantity. 10 Q. And then let's say you got a box 11 with a large order with the 10,000 pieces. 12 A. That was the exception. 13 Q. Okay, all right. 1,000 let's just 14 say. 15 A . That's fine. 16 Q. In a size box with the packingfrom 17 JM or Raybestos Manhattan. The outside of the 18 box would show that it was JM or Raybestos 19 Manhattan, but when you opened up the box, the 20 actual packing itself did not have any labels of 21 JM or Raybestos? 22 A. No. The packings were very small. 23 Q. Were there any identifying marks on 24 the packing? 25 ________A_.________No, not on the packing itself.__________ 37 1 Q. And that packing then would be 2 placed in Sexauer packages. Is that correct? 3 A. First they would go in a Sexauer 4 bin. It was assigned to that catalog number. 5 Q. The catalog number is the Sexauer 6 catalog number? 7 A. Right. 8 Q. So it would be sorted as to the 9 particular bin? 10 A. Because we did our picking by 11 catalog number. Now, we may not necessarily put 12 the whole 1,000 or 2,500 in these small bins. 13 There would be a backup stock in the warehouse, 14 but they would fill them in and maybe a couple 15 hundred pieces in a bin. 16 Q. Okay. And then if someone ordered 17 -- let's say I ordered fifty. 18 A. Right. We allowed any quantities. 19 We didn't have a minimum quantity number. You 20 could order three pieces, ten pieces. 21 Q. Let's say I ordered fifty pieces, 22 and I'm a Dupont maintenance person that 23 ordered. How would I get those from Sexauer 24 using the dye-formed packing? 25 ________A_.________ It would probably come in a sealing 38 1 of plastic envelope. They would be counted, put 2 in there. A label would be put on that with the 3 Sexauer catalog numbers so that you know how to 4 reorder it quickly with the quantity. And that 5 would probably be put in a small Sexauer box. 6 Q. Okay. And they would be shipped by 7 truck or - 8 A. I would say 90% of our products were 9 shipped by UPS because of the nature of the 10 product. They were light and small. And most 11 of the times, we received orders with multiple 12 items. It's very rare to get a one-item order. 13 Q. All right. The wicking and asbestos 14 sheeting, similar kind of distribution process 15 as we had with the packing? It would come from 16 the manufacturer, be put in the catalog bin; and 17 then as it was ordered, it would be placed in a 18 Sexauer - 19 A. The wicking would not be loose as a 20 dye-formed packing. It would come on a spool. 2 1 Q. Okay. 22 A. We would place an order for a 23 hundred spools and then sell it one, two spools 24 at a time. 25 ________Q_.________Okay, all right. Let me just be_______ 39 1 clear in my mind about the wicking. It's a 2 rope-like thing in a spool. Correct? 3 A. Correct. 4 Q. And you would get that spool, and 5 where would that be placed at the warehouse? In 6 a bin? 7 A. A small amount in a bin and the 8 reserve amount in the back of the warehouse. 9 Q. And then I would order so many feet 10 of -11 A. No. You would order a spool, two 12 spools, three spools. 13 Q. All right, fine. And then the 14 spools would be put in some kind of small box 15 depending upon the size? 16 A. That's correct. 17 Q. With the Sexauer label and catalog 18 number? 19 A. That's correct. 20 Q. And the asbestos sheets, how would 21 they be packaged and shipped to the customer? 22 A. The sheets would come in. And I 23 don't know the exact amount, but the sheets were 24 like 36 inches wide and they may run 50 feet. 25 And it will come in one spool. And we would______ 40 1 sell it by the yard. 2 Q. Okay. 3 A. So if a customer ordered a yard or 4 two yards, it would be cut after it was measured 5 and just wound tight and the Sexauer label put 6 on it. 7 Q. And the Sexauer label would actually 8 be put on the sheet itself? 9 A. After it was wound into a small... 10 Q. Okay. 11 A. Tight wound. 12 Q. Do you recall -- in terms of when 13 you went to the Johns Manville facility, you 14 were in the office, so you didn't see the 15 manufacturing plant. Correct? As you can 16 recall? 17 A. I don't think they allowed outside 18 visitors as far as I know. 19 Q. Do you know why? 20 A. No, I don't know. 21 Q. Did anyone at Manville ever talk to 22 you about asbestos and health problems? 23 A. No . 24 Q. Whether it was full of bull or true 25 or just any comment dealing with asbestos and 41 1 health problems? 2 A. No . 3 Q. Okay. Did anyone connected with 4 Raybestos ever talk to you about asbestos and 5 health problems? 6 A. No . 7 Q. Did anyone in connection with Ureka 8 ever talk to you about asbestos and health 9 problems ? 10 A. No. 11 Q. Did anyone in Garlock ever talk to 12 you about asbestos and health problems? 13 A. No . 14 Q. Did they ever talk to you at all 15 about lawsuits involving their products? 16 A. No. 17 Q. The labels on the Raybestos, Johns 18 Manville, Ureka, and Garlock asbestos products 19 that you got, did they say anything other than 20 the name of the company? Johns Manville 2 1 Asbestos Packing or Garlock Asbestos Sheeting 22 that you know? 23 A. Not that I know of. 24 Q. Okay. Any description as to the 25 product, how much asbestos it was in, the________ 42 1 weight, anything of that type? 2 A. No. 3 Q. Do you ever recallseeing any of the 4 asbestos materials that you got from these four 5 suppliers any sort of warning or health 6 statement that would comment that contains 7 asbestos; could be dangerous; anything of the 8 kind? 9 A. No. 10 Q. Is ityourtestimony that at no time 11 did you ever receive any information, either 12 orally or in writing, from any of your asbestos 13 suppliers about actual or potential health risks 14 from dealing with asbestos? 15 A . That's correct. 16 Q. Okay. 17 MS. BRODOWAY: Could you 18 that question again? 19 Q. (By Mr. Crumplar) It's my 20 understanding that at no time while you were 21 purchasing asbestos-containing products from 22 these four suppliers -- JM, Raybestos, Ureka, 23 and Garlock -- did you ever receive any 24 information from them regarding asbestos and 25 health, whether orally or in writing._____________ 43 1 And your answer was you never 2 did. Correct? 3 A. Correct. 4 Q. All right. What is your 5 understanding today as to health risks of 6 asbestos, if you have any? 7 A. I don't know of any health risk. 8 Q You're not aware that there are any 9 health risks from dealing with asbestos? 10 A Correct. 11 Q Okay. It's your testimony that you 12 have no knowledge; as far as you know, asbestos 13 is just as safe as any other material? 14 A. As far as I know. 15 Q. Okay. And if you were working with 16 an asbestos-containing product and generating a 17 lot of dust, there would be no special 18 precautions that would need to be taken as far 19 as you know? 20 MS. BRODOWAY: I'm going to - 21 THE WITNESS: I don't work 22 with any products that contains a 23 lot of dust. 24 Q. (By Mr. Crumplar) Okay. Have you 25 ever heard of a government organization or 44 1 program OSHA, Occupational Safety and Health 2 Administration? 3 A. Yes, lam. 4 Q. And have you ever had any dealings 5 with OSHA? 6 A. Personally? 7 Q. Yes. 8 A. No. 9 Q. Do you know whether thecompany, 10 first of all, Sexauer before it was acquired by 11 DKM ever had any dealings with OSHA? 12 A. Yes. There was an OSHA inspector in 13 our plant once. 14 Q. Okay. When do yourecall the OSHA 15 inspector coming to your plant? 16 A. Oh, I would say 1980s, early 1990s. 17 Q. And do you know -- that was just an 18 inspection to see whether the plant met 19 government requirements? 20 A. They looked at some machinery that 2 1 needed some kind of plastic protector so the 22 person couldn't get his hand in the sealing of 23 bags . 24 Q. Okay. Now, the plant -- what you 25 just called the plant, that's the warehouse. 45 1 Correct? 2 A. Right. 3 Q. And they didn't produce anything, 4 but they would package things. Correct? 5 A. Yes. 6 Q. Okay. So the machinery that you're 7 talking about was a packaging machinery? 8 A. That's correct. 9 Q. How often would youactually, if at 10 all, go into the warehouse? 11 A. What period of time? 12 Q. Let's take '63 to '76 first. 13 A. On a daily basis. 14 Q. Okay. And then from '76 to '82, how 15 often would you go to the warehouse? 16 A. That's when the warehouse was in 17 Louisville. It would be maybe monthly or every 18 two months or every three months. 19 Q. Were there ever any warning or 20 caution signs in the warehouse giving 2 1 information to the workers or anyone who was 22 there in terms of potential risk of any kind? 23 A. Not that I recall. 24 Q. Okay. Was there ever any special 25 policy as far as you know of in terms of how______ 46 1 workers of Sexauer were to handle the asbestos 2 materials ? 3 A. Not that I know of. 4 Q. Who would be the person who would 5 know whether there was a policy or not? Would 6 it be you or would it be someone else? 7 A. I would say the warehouse manager. 8 Q. Who was the warehouse manager, let's 9 say, from '63 to '76? And if there are 10 several. 11 A. Tom Imperato, Sr)., James Hulsman, 12 H-U-L-S-M-A-N, Pat Sheridan. Are we going from 13 '63 to what year? 14 Q . Let's say 19 7 6. 15 A. That's it. 16 Q. Okay. How long was Tom warehouse 17 manager? 18 A. He was there when I started. 19 Q. And how long did he stay? 20 A. Fifteen years. 21 Q. Okay. And about how many people 22 were under him? I know you told me there were 23 like 75 to 100 people in the warehouse office, 24 but how many were actually -25 ________A_.________35 , 40 .___________________________________________ 47 1 MR. CRUMPLAR: Let's go off 2 the record. 3 (Off the record.) 4 (Exhibits 2 through 6, 5 Catalog Ads, marked for 6 identification.) 7 MR. CRUMPLAR: Back on the 8 record. 9 THE WITNESS: I just 10 remembered the salesman's name. 11 Q. (By Mr. Crumplar) And who's that? 12 A. Frank Egan, E-G-A-N. 13 Q. We were talking about OSHA a moment 14 ago, and you recall at least one time OSHA came 15 into the warehouse at White Plains. Do you know 16 whether OSHA ever had any regulations dealing 17 with asbestos? 18 A. Not that I know of. 19 Q. Okay. Do you know when OSHA came 20 into effect? 2 1 A. No, I don't. 22 Q. Okay. As far as you know, wasthere 23 ever a time -- strike that. Was there ever a 24 time when Sexauer was exempted from OSHA 25 regulations because it was too small? 48 1 A. Not that I know of. 2 Q. Okay. Was there someone in the 3 company that would deal with governmental 4 regulations and things like OSHA? 5 A. There was no one that I know that 6 was specifically assigned to that. 7 Q. Let me ask. In terms of if there 8 were injuries at the plant, who would deal with 9 that in the company? 10 A. The plant manager. 11 Q. Okay. Was there somebody in charge 12 of employee relations that might have 13 responsibility for safety? 14 A. The personnel department, but I 15 don't know that they were in charge of safety. 16 Q. Did the plant have a medical -- any 17 medical personnel: Plant nurse? Plant doctor? 18 A . No . 19 Q. Okay. Was there a regular company 20 doctor, although he wasn't employed, that people 21 would be sent to who would have some kind of 22 affiliation? 23 A. No . 24 Q. Was there any kind of formal safety 25 program with the corporation?______________________________ 49 1 A. Not that I know of. 2 Q. All right. Let me show you what's 3 been marked as Sbezzi 2. Is this the Sexauer 4 wicking that you were speaking about earlier? 5 A. Yes . 6 Q. And you recognize that picture and 7 the writing? 8 A. Yes. 9 Q. Okay. Would that be something that 10 would appear in your catalogs? 11 A. Yes. 12 Q. Okay. And it talked in terms of 13 there was a trademark for this name, Sexauer 14 Wickings. Were you at all involved in the 15 trademarks ? 16 A. No. 17 Q. Okay. The trademark actually talks 18 about Sexauer products and triangle donkey 19 design. Do you know what that refers to? 20 A. It refers to a mule kick which was 21 an expression used at Sexauer trademark. 22 Q. Okay. And did they actually have 23 some of the trademarks that would show a mule 24 kicking? 25 ________A_.________Yes. That was primarily for our 50 1 waste products, waste pipe products, and to show 2 the strength of the Sexauer product. 3 Q. Okay. 4 A. I believe that originated in the 5 1920s . 6 Q. Okay. The next document I show you 7 is Number 3 which shows a Teflon asbestos 8 packing. Do you recognize that description? 9 A. Yes . 10 Q. And that Teflon asbestos packing -11 we talked about I guess we called it the dye 12 fold asbestos packing. Was Teflon a type of 13 asbestos packing that you sold? 14 A. This is not the dye-formed. 15 Q. Okay, all right. Let me just ask. 16 You had told me that there were three types of 17 products, asbestos products: The die fold - 18 dye-formed -19 A. Dye-formed. 20 Q. -- asbestos packing, the wicking. 21 and the sheeting. This Teflon asbestos packing, 22 was that another asbestos product sold by 23 Sexauer? 24 A. I categorize it as part of the 25 wickino. 51 1 Q. Okay, fine, fine. And that was 2 supplied by Ureka? 3 A. That's correct. 4 Q. And you recognize that as a Sexauer 5 product, and you consider that under the 6 category of wicking. Correct? 7 A. Yes . 8 MS. BRODOWAY: Excuse me. 9 "that" meaning Exhibit 3? 10 MR. CRUMPLAR: Exhibit 3, 11 yes . 12 Q. (By Mr. Crumplar) And is that 13 pictorial also from the catalog? 14 A. It is . 15 Q. Let me ask in terms of the catalog. 16 There was a -- how large was the Sexauer 17 catalog? 18 A. What period? 19 Q. Oh, let's say 1970. 20 A. I have a hard time giving you the 2 1 number of pages, but I probably can give you the 22 number of items as the line grew. And then it 23 would grow a corresponding number of pages. 24 Q. Why don't we take 1963 first of 25 all. 52 1 A. Okay. And these are approximations. 2 Q. I understand, I understand. 3 A. There was approximately three 4 thousand items in the line. 5 Q. In 1963? 6 A. Yes . 7 Q. Okay. And of the asbestos products 8 -- I mean, we talked about the categories of 9 packing, wicking, and sheeting -- would they 10 account as three or would there be several 11 varieties so there might be thirty different 12 asbestos products? 13 A. I don't understand if you're asking 14 all three of the Teflon. 15 Q. Let me rephrase that, okay. In 16 1963, in the Sexauer catalog, there were about 17 three thousand items. Correct? 18 A. Correct. 19 Q. Now, some of the items inthe 20 catalog in 1963 were asbestos-containing 21 products. Correct? 22 A. Yes . 23 Q. And how many approximately asbestos 24 items would there have been in 1963? Out of the 25 three thousand items, how many of those would be 53 1 asbestos-containing approximately? 2 A. Less than one percent. 3 Q. Okay. 4 A. If I can just make a comment. 5 Q. Sure. 6 A. I'm including the dye-formed rings 7 each different size as a product. 8 Q. I understand that. 9 A. It doesn't encompass, because then 10 it would be less than one quarter. 11 Q. Right, right. Okay. As the 12 catalogs are updated or replaced -- well, let me 13 ask you this. Would there be a catalog in 1963 14 that would be published and a new catalog 15 published in 1964? 16 A. It's not a yearly event. It's as we 17 saw the need, as the product line grew, as the 18 number of catalogs we ordered ran out, and if it 19 was necessary, we'd go into the next publishing, 20 but it was never a yearly event. 21 Q. All right. And the catalogs would 22 be then distributed to maybe one of your 23 customers; like a Dupont plant would have a 24 catalog? 25 ________A.________Yes . 54 1 Q. In addition to the catalog, what 2 other promotional literature or sales literature 3 was there of Sexauer? 4 A. Occasionally, we published a small 5 brochure to include in the package that was sent 6 to the customers and trying to update them with 7 new products that he would not know about that 8 did not make the catalog printing. 9 Q. So you have the catalog which is 10 actually a bound book. Correct? 11 A. It's perfect bound the last 12 edition. Prior to that, they were all loose 13 leaf . 14 Q. Okay. You have the catalog which is 15 a fairly thick item, several pages? 16 A. Yes, it is. 17 Q. And in addition to other literature 18 that customers would have would be in the actual 19 shipment you might have a small brochure that 20 would just be inserted to give them new 21 information? 22 A. Pamphlets. 23 Q. Pamphlets, okay. Now, would those 24 pamphlets be sent to the customer besides with 25 the product?__________________________________________________________ 55 1 A . No . 2 Q. Okay. Did Sexauer advertise? 3 A. Through the catalog mostly. 4 Q. How about in any type of magazines? 5 A. No, we didn't sell to the homeowner 6 or something like that. That was not our 7 market. 8 Q. Well, by magazines, I mean even 9 trade journals, certain industrial magazines 10 that companies might get. 11 A. No. The only other advertisement 12 was in college. There was a book for a football 13 team, and they want a $200 donation, say. Best 14 of luck. 15 Q. So basically, a company -- let's say 16 there was a new company that was opening up in 17 Delaware 1972 or so. They would learn of 18 Sexauer because the salesman would come by and 19 promote the company. Correct? 20 A. Yes . 21 Q. Okay. Word of mouth basically? 22 A. Absolutely. Being in business since 23 1921, we have enjoyed a very good reputation. 24 Q. Who were -- what companies were into 25 major competitors of Sexauer?_______________________________ 56 1 A. What period? 2 Q. Let's say '63 to '76. 3 A. A company called Crest 4 Manufacturing. 5 Q. Crest? 6 A. Yes . 7 Q. Where are they located? 8 A. Long Island. Syosset, Long Island 9 Q. They were your chief competitor? 10 A. I'm going to name a few. I don't 11 know how to -12 Q. Okay, that's fine. 13 A. -- label them chief or secondary. 14 Q. List the other ones. 15 A . P&M out of California. Best 16 Products , Long Island. Give me the period 17 again. 18 Q. ' 6 3 -'7 6. 19 A. Creed Manufacturing, Pennsylvania. 20 I'm not sure of the city. Mark's Plumbing, 21 Dallas, Texas -- Fort Worth, Texas. Those are 22 what we consider plumbing specialties. They 23 were in similar businesses. 24 Q. Was there -- you said that yours was 25 a national business. Was your business centered 57 1 more in any particular region in the country as 2 opposed to another one? 3 A. It's probably based on population 4 density. 5 Q. Okay. 6 A. California being a dense state, we 7 do a lot of business compared to Wyoming. 8 Q. But outside of population density, 9 you didn't do more business in, let's say, a 10 cluster of a million people in Florida than a 11 cluster of a million people in California? 12 A. No . 13 Q. Okay. So it was a truly national 14 business as opposed to a regional business? 15 A. Yes . 16 Q. And turn to Sbezzi 4. Do you 17 recognize the product that's shown there? 18 A. Yes. 19 Q. And that is your-- it'sdescribed 20 as a treated asbestos yarn. What category of 21 the three Sexauer asbestos products that you 22 categorize would you call the yarn? Was that 23 similar to the wicking? 24 A. Wicking. 25 ________Q_.________And Sbezzi 5 is a special asbestos 58 1 wicking. Do you recognize that as a Sexauer 2 product ? 3 A. Yes. 4 Q. What is the difference between a 5 yarn, as Sexauer describes it in Sbezzi 4 and 5, 6 the asbestos yarn and the asbestos wicking? Is 7 there a difference in size? 8 A. Yeah. And more strands in the 9 wicking. 10 Q. And then finally Sbezzi 6. Do you 11 recognize the Sexauer Teflon valve stem packing 12 that's shown? 13 A. This is the category of dye-formed 14 packing rings. 15 Q. All right, And from Sbezzi 2 16 through 6, these are all the descriptions that 17 would appea in your cat alogs ? 18 A . That's corre c t. 19 Q. Can you reco gnize or date the 20 catalogs fo any of thes e products? And I 'm 21 referring 2 through 6. The time peri od? 22 A. I would cate gorize it in two groups 23 Q. Okay, all ri ght. If you could 24 identify it by number. 25 A In an older group Could have been 59 1 prior to 1963. 2 Q. Okay. That's 2, 4, and 5; you 3 recognize those as items that were in the 4 catalog as the description appears on the 5 exhibits in 1963 when you came with the company? 6 A. Right 7 Q. Okay. And then 6 and 3 were later? 8 A. Later period, because it was Teflon 9 asbestos, which did not come into the picture 10 until after '63 . 11 Q. Okay. Do you recall exactly when 12 Teflon -- you started carrying Teflon asbestos 13 products ? 14 MR. MCCAGHEY: May I see 15 those, please? 16 MR. CRUMPLAR: Sure. 17 THE WITNESS: I'd say shortly 18 after '63. 19 Q. (By Mr. Crumplar) What you had was 20 Teflon was added to the asbestos product. 21 Correct? 22 A. I'm not sure. It replaced graphite. 23 Q. Do you know why the Teflon replaced 24 the graphite with the asbestos products? 25 ________A_.________Well, time period with Teflon was 60 1 discovered/ different uses. And supposedly it 2 was a more superior product than graphite. 3 Graphite was black in color and came off on your 4 hands and your clothes . 5 And Teflon was becoming a 6 household word as housewives got to learn about 7 Teflon frying pans. Teflon is a cleaner 8 material, a more efficient material, a more 9 modern material. 10 Q. Now, the asbestos wicking, the 11 asbestos packing, the asbestos sheets that we 12 talked about, were they a hundred percent 13 asbestos or were they asbestos and some other 14 material? 15 A. I don't know the formulation. 16 Q. Okay, all right. Do you know what 17 -- I guess you said sometime after 1982 you 18 were carrying a similar product, but it didn't 19 contain asbestos. Correct? 20 A. Correct. 21 Q. What replaced the asbestos? Do you 22 know what material? 23 A. No, I don't. 24 Q. Do you know why asbestos was used in 25 the wicking and the sheets, what purpose it_______ 61 1 served? 2 A. It was traditionally there, and I 3 don't know why it was put there. Before my 4 time . 5 Q. Pardon? 6 A. It was before my time. 7 Q. All right, all right. And you never 8 learned what functional purpose -- why asbestos 9 was used as opposed to something else? 10 A. No. 11 Q. Okay. Did Sexauer belong to any 12 trade associations or any groups? 13 A. What period? 14 Q. '63 to '76 . 15 A. Not that I know of. 16 Q. Okay. Did you everattend any 17 regional meetings of the plumbing industry? 18 A. Of the whole plumbingindustry? 19 Q. That's a poor question, I'm sorry. 20 Was there ever a time when you were involved in 21 purchasing where you went to any kind of trade 22 association or any type of meeting where there 23 would be representatives of your competitors and 24 your customers? 25 ________A.________No._____________________________________________________ 62 1 Q. Okay. You ever hear of a 2 Dr. Selacoff (phonetic)? 3 A. No . 4 Q. You ever hear of Mount Cyanide 5 Hospital in New York City? 6 A. Yes. 7 Q. How do you know MountCyanide 8 Hospital? 9 A. One of the best hospitals in New 10 York City. 11 Q. All right. 12 A. One of the many. 13 Q. All right, all right. Did Sexauer 14 sell to the U.S. government? 15 A. Yes . 16 Q. Okay. What type of products? Do 17 you know? 18 A. All our products. 19 Q. Okay, all right. Do you have any 20 dealings with anyone from the U.S. government? 2 1 A. No . 22 Q. You stated that Sexauer sold to 23 Dupont. Are there any -24 MS. BRODOWAY: I'm going to 25 object. I don't think he ever said 63 1 that. You used it as an example. 2 Q. (By Mr. Crumplar) Are you familiar 3 with Dupont being a customer of Sexauer? 4 A. Yes . 5 Q. Any particular Dupont plants or 6 locations that you recall Sexauer shipped to or 7 did business with? 8 A. From what I understand, it was a 9 Dupont experimental lab. 10 Q. In Wilmington, Delaware? 11 A. I'm not sure. 12 Q. But a Dupont experimental station or 13 laboratory? 14 A. Yes. 15 Q. Do you recall shipping to any Dupont 16 plants -- excuse me -- Dupont nylon plants or 17 textile plants? 18 A. No. That doesn't mean it didn't 19 happen. 20 Q. I understand, I understand. I 21 realize the period I'm talking about you're in 22 purchasing as opposed to sales. You did know 23 that there was a Sexauer representative that was 24 assigned to Delaware, a sales representative? 25 ________A_j________What period?_______________________________________ 64 1 Q. '63 to '76. 2 A. Yes. 3 Q. You spoke about him. Do you know 4 any other Delaware locations besides the Dupont 5 experimental station that Sexauer shipped 6 material to? 7 A. No, I don't. 8 Q. Okay. And Iunderstand that wasn't 9 your area. 10 A. Yeah. 11 Q. As I understand it, in terms of 12 Sexauer sales, both to very large companies as 13 well as to small companies or solo practitioners 14 or plumbers? 15 A. Right. Maintenance, chief 16 engineers, hospitals. 17 Q. And the same type of products that 18 you would sell to them; you'd sell large and 19 small. Correct? 20 A. That's correct. 2 1 Q. And how you treated the customer 22 wasn't any different, whether they were large or 23 small? 24 A. As long as they paid their bill. 25 Q.________Right. Sometimes the small people 65 1 paid their bills better than the large ones. 2 A. Right. 3 Q. Did you ever subscribe or regularly 4 read the New Yorker magazine? 5 A. I've read it. I do not subscribe. 6 Q. Okay. You ever read it in the late 7 '60s? 8 A. I don't recall. 9 Q. The name Paul Brodeur, does that 10 A . No. 11 Q. Okay. Was there -- is there any 12 type of smoking policy, an anti-smoking policy / 13 of Sexau er Corporation? 14 MS. BRODOWAY: Excuse me, what 15 time period? 16 MR. CRUMPLAR: Presently. 17 Q. (By Mr. Crumplar) Is smoking allowed 18 on the premises? 19 A. It's a no smoking building. 20 Q. When did it become a no smoking 21 building? 22 A. Last two or three years. 23 Q. Very recently, okay. Any policy to 24 assist individuals to quit smoking? 25 ________A;________Not that I know of.__________________________ 66 1 Q. Do you know whether Sexauer ever had 2 any patents as opposed to trademarks? 3 A. I believe there was a patent on a 4 tool that goes back to the 1920s or '30s. 5 Q. Okay. What type of tool? 6 A. It was a tool to smooth out the 7 seating surface on a toilet fixture. 8 Q. Okay. Was that a product that 9 Sexauer manufactured? 10 A. Sexauer didn't manufacture any 11 products. 12 Q. But they just had the patent? 13 A. Yeah. 14 Q. Okay. Did they assign the patent to 15 some other company that you know of? 16 A. I don't know if it was assigned. 17 Q. Did anyone else manufacture that 18 product that Sexauer had the patent on? 19 A. When I came in 1963, we had some of 20 these tools. They were cutters manufactured for 21 us. And as far as I know, there was an old 22 salesman who was receiving a royalty, like 50 a 23 piece on what we sold. 24 Q . I see. 25 A. But that tool very quickly lost its 67 1 popularity in use. 2 Q. Okay. So Sexauer would own the 3 patent, had someone else manufacture it, and 4 they sold it for a period of time? 5 A. Yes . 6 Q. Did you ever sell an asbestos shower 7 head gasket? 8 A. Not as such, but any of our gaskets 9 could -- you take the wicking and make your own. 10 Q. Who is Clem Wallace? 11 A. Clem Wallace was an employee of 12 Sexauer in the finance department. He's no 13 longer with Sexauer. 14 Q. When did he leave Sexauer? 15 A. Twelve to eighteen months ago. 16 Q. Do you know what his job was in the 17 finance department? 18 A. No, I do not. 19 Q. The catalog that was in use in 1963, 20 are you aware of whether that catalog is still 21 in existence at Sexauer? 22 A. It could be. We try for old time 23 sake keep catalogs. Sentimental reasons. 24 Q. I'm just going to show you Page 31 25 in the interrogatories which were filed in the 68 1 Russell case by Dyson. It talks about an 2 investigation of OSHA. 3 And they say: "The files contain 4 a reference to a" -- this is Page 31 - 5 "10/11/79 complaint filed with the Kentucky 6 Department of Labor regarding ventilation of 7 protective clothing related to sulfuric acid." 8 Do you recall that? Do you know 9 anything at all about that? 10 A. No, I don't. 11 Q. It says: "This document contains a 12 handwritten reference to possible asbestos 13 testing." You've never seen that document? 14 A. No. 15 MR. CRUMPLAR: Okay. I would 16 like to have a copy of that 17 document, Barbara. 18 MS. BRODOWAY: I'm going to 19 have to see if that is anything - 20 I don't know what that document 21 is. I've never seen it. 22 MR. CRUMPLAR: Okay, fine. 23 Q. (By Mr. Crumplar) Do you know if 24 there was ever any type of product warning given 25 to the customers dealing with anything? We've 69 1 already talked about asbestos, but I'm talking 2 about any other health or warning dealing with 3 any of your products. 4 A. Yes. 5 Q. Okay. What type of warnings? 6 A. Sulfuric acid. 7 Q. So there would be awarning dealing 8 with sulfuric acid? 9 A. Yes . 10 Q. Anything other than sulfuric acid? 11 A. Not that I know of. 12 Q. When did that warning start 13 appearing in your catalogs? 14 A. I would think it was sometime in the 15 ' 70s . 16 Q. Okay. Who was involved and decided 17 to put that warning of the company? 18 A. It could have been the plant 19 manager. 20 Q. Okay. Interrogatory Number 38, Page 2 1 42, talks about gasket packing products 22 containing asbestos discontinued in 1978, it 23 says, "why alternative products were available 24 through vendors." 25 It says: "The decision to 00 00 70 1 provide non-asbestos-containing products 2 involved over time Gil Silva, Carmen" -3 S-B-E-Z-Z-I -- "and Anthony Shiavo (phonetic) 4 were instrumental in this process." 5 MS. BRODOWAY: I am going to 6 object, first of al 1, because the 7 Interrogatory says 8 MR. CRUMPLAR: What did I 9 say? 10 MS. BRODOWAY: 11 MR. CRUMPLAR: 87. If we can 12 correct that. 13 Q. (By Mr. Crumplar) Who is Mr. Silva? 14 A. The president of the company. 15 Q. Okay. And I think probably Carmen 16 -- that's a misspelling of your name, but 17 that's your first name. Correct? 18 A. The misspelling is the first name. 19 The spelling of the second name is correct. 20 Q. Okay, fine. 21 A. The misspelling was here earlier. 22 Q. And then who is Anthony? 23 A. He's the purchasing agent. 24 Q. Okay. Now, it talks about that they 25 believe that these three gentlemen were______________ 71 1 instrumental in the process of substituting 2 non-asbestos for asbestos. 3 As I understand your previous 4 testimony, you really weren't involved in that 5 decision making. Correct? 6 A. I could have sat in on a meeting or 7 something. 8 Q. Okay. Do you have any recollection 9 of meetings discussing that? 10 A. No, I don't. 11 Q. Okay. Do you know whether the 12 asbestos was encapsulated in your products? 13 A . Yes, it was. 14 Q. Okay. What does encapsulated mean 15 as you understand it? 16 A. The way I understand it is some form 17 of binding agent that prevents it from fiber 18 material floating in the air. 19 Q. Do you know why it was encapsulated? 20 A. No, I don't. 21 Q. Okay. Do you know how effective the 22 encapsulation process was preventing fiber 23 material from floating in the air? 24 A. Well, I heard of a test Dr. Langer, 25 I believe, made to check the fiber material______ 72 1 going into the air. And from what I know, the 2 results was his testing showed that the 3 encapsulation prevented any fiber. 4 Q. When did Dr. Langer do those tests? 5 A. I don't know the period that it 6 happened. 7 Q. Was that fairly recently? 8 A. Yes . 9 Q. Was that after you stopped selling 10 asbestos material? 11 A. I would say so. 12 Q. Okay. In connection with the 13 asbestos litigation? 14 MS. BRODOWAY: I'm going to 15 object. 16 Q. (By Mr. Crumplar) Sir, who is 17 Dr. Langer? 18 A. I would think he's an expert. 19 Q. Okay. Have you ever met Dr. Langer? 20 A. No, I have not. 21 Q. Have you ever read any of his test 22 results ? 23 A. No, I have not. 24 Q. You just heard that Dyson somehow 25 arranged Dr. Langer to test some of their 73 1 products. Correct? 2 A. Yes. 3 Q. And it's my understanding that he 4 tested the products after they stopped selling 5 those products; this is more recently in the 6 past several years. Correct? 7 A. I would say so. 8 Q. Okay. And it's your understanding 9 that he tested those products because of issues 10 involved in lawsuits such as this one? 11 MS. BRODOWAY: I'm going to 12 obj ect. 13 Q. (By Mr. Crumplar)Correct? 14 MS. BRODOWAY: I ask you not 15 to answer the question. 16 MR. CRUMPLAR: On what 17 grounds ? 18 MS. BRODOWAY: It could be 19 attorney/client privilege. 20 Q. (By Mr. Crumplar) If you learned 21 about what Dr. Langer did from an attorney, you 22 don't have to answer that. But what is your 23 understanding as to why Dr. -- strike that. 24 Is it your understanding that 25 Dr. Langer was involved in testing as a result 74 1 of lawsuits? 2 MS. BRODOWAY: Again, 3 continuing objection. 4 MR. CRUMPLAR: That's fine. 5 He can answer. 6 MS. BRODOWAY: Well -7 Q. (By Mr. Crumplar) Unless an attorney 8 told you these facts. 9 MS. BRODOWAY: No, that's not 10 strictly true. He's a member, he's 11 an officer of the corporation. 12 MR. CRUMPLAR: He may be an 13 officer of the corporation, but he 14 can tell me of decisions -- how he 15 understands Dr. Langer got 16 involved. 17 Let me just finish. Any 18 discussions that he had with 19 attorneys is protected. 20 But if the president said, 21 "We're going to get Dr. Langer to 22 test this for litigation purposes" 23 and that president is not his 24 attorney, that's not protected. 25 ________________________I mean, individuals can make________ 75 1 all sorts of decisions on 2 litigation purposes. What is 3 protected is advice that their 4 attorneys give them. 5 MS. BRODOWAY: He can answer. 6 Q. (By Mr. Crumplar) You may not know 7 the answer anyway, but - 8 A. I may not know the question. 9 Q. Let me repeat the question. Do you 10 know whether Dr. Langer got involved in testing 11 -- his involvement predated -- was before the 12 asbestos litigation against your company or was 13 after it? 14 A. I don't know. 15 Q. Okay. Do you know the first time 16 Sexauer or Dyson-Kissnar-Moran was sued in an 17 asbestos related matter? 18 A. No, I do not. 19 Q. Do you know how many times it's been 20 sued? 2 1 A. No, I do not. 22 Q. Have you ever heard of the term 23 "mesothelioma"? 24 A. No. 25 ________Q_.________Are members of the Sexauer family 76 1 still involved in the business? 2 A. No, they're not. 3 Q. Okay. In the interrogatories, we 4 asked about industrial business organizations 5 which Sexauer belonged to since 1963. It 6 mentioned they joined NAPSD in 1983. Can you 7 tell me what that organization is? 8 A. National Association Plumbing 9 Specialty Dealers. 10 Q. Okay. Where is that office -11 association headquartered out of? 12 A. It's not headquartered. It's made 13 up of similar companies to Sexauer, and they 14 have annual meetings. 15 Q. And whoever is the president is 16 handling all the coordination, and that may 17 rotate from group to group? 18 A. That's correct. 19 Q. Have you ever been an officer of 20 that organization? 21 A. Yes, I was . 22 Q. When? 23 A. In either the first, second, or 24 third year. I was treasurer of the 25 organization. 77 1 Q. Have you ever heard of a Dr. Gee, 2 G-E-E, at Yale University? 3 A. No, I have not. 4 Q. You ever heard of a Dr. Kreghead at 5 the University of Vermont? 6 A. No, I have not. 7 Q. You ever heard of a Dr. Fowler, a 8 Ph.D., in California? 9 A. No, I have not. 10 Q. Dr. Langer you mentioned. Do you 11 know what type of doctor he is? 12 A. No, I do not. 13 Q. Do you know where he's located? 14 A. No, I do not. 15 Q. Dr. Lockey, have you ever heard of 16 him? 17 A. No, I have not. 18 Q. A Dr. Wilson, Richard Wilson, have 19 you ever heard of him? 20 A. No, I have not. 21 Q. You said no; you have not? 22 A. No, I have not. 23 Q. Tony Shiavo, is he still with the 24 company? 25 ________A_.________No, he retired._________________________________ 78 1 Q. Okay. When did he retire? 2 A. 11 was in the past year. 3 MR . CRUMPLAR: Let's take a 4 few minutes break. I might be 5 finished. 6 (Off the record.) 7 MR. CRUMPLAR: Back on the 8 record. 9 Q. (By Mr. Crumplar) You had mentioned 10 a moment ago that you tried to save old 11 catalogs. Is there any formal record retention 12 or record destruction policy at the company? 13 A. Not that I know of. 14 Q. Okay. If there were any documents 15 from Johns Manville that we talked about, 16 asbestos in the products and whether it's 17 dangerous or not dangerous, going back to the 18 1960s, where would those documents be kept? 19 A. I haveno idea if they're kept. 20 Q. Okay. Any of those kinds of what 21 I'll call historical documents would be at the 22 headquarters, the office in Scarsdale? 23 A. Yes . 24 Q. Okay. Was there any sort of 25 research and development arm or aspect of the 79 1 Sexauer business? And this is before 1976. 2 A. No, we had no such department. 3 Q. Okay. Anybody that would be 4 involved in coming up with new products or new 5 uses ? 6 A. It would be mostly the purchasing 7 agent, which I was; and if any vendor came in 8 with a new product and presented it and if we 9 felt that it fitted our products, our markets, 10 we bought it. 11 Q. All right. Do you know where the 12 asbestos that was used in the products that were 13 supplied to you by Johns Manville, Raybestos, 14 Garlock, and Ureka where the asbestos came from? 15 A. No, I do not. 16 Q. Do you know the type of asbestos 17 they were using? 18 A. No, I do not. 19 Q. Do you know that there are several 20 different types of asbestos? 21 A. I wasn't aware of that. 22 Q. Tell me what your understanding of 23 what asbestos is. 24 A. Asbestos is a material that was used 25 in breaking material and sealing products. I 80 1 believe its original form is a fiber type of 2 product and is usually mixed with others in a 3 composition. 4 Q. Do you know whether in its raw state 5 whether its mined or synthetic material? 6 A. No, I do not. 7 Q. Do you know whether asbestos was and 8 used or present at the Sexauer facility like on 9 piping or insulation? I'm not talking about the 10 products that you carry, but whether there was 11 asbestos elsewhere in the warehouse. 12 A. Well, every faucet carries a 13 packing, and if there was asbestos packing in 14 those days, I would imagine we had an asbestos 15 packing in our faucets. 16 Q. But besides the plumbing and the 17 valves, products similar to what you sold being 18 actually in the warehouse, you're not aware of? 19 A. No. 20 Q. And this plumbing and valve would 2 1 both be for hot and cold water? 22 A. There was no distinction. 23 MR. CRUMPLAR: Okay. Sir, I 24 thank you very much for your 25 _______________patience and your candor and the___________ 81 1 fact that I think you were trying 2 to be cooperative and the 3 deposition went faster. 4 MS. BRODOWAY: I have no 5 questions. 6 (Whereupon the 7 deposition concluded at 12:38 p.m.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 82 1 Excerpt from Rule 30 (e): 2 Submission to Witness; Changes; Signing. When the testimony is fully transcribed, the 3 deposition shall be submitted to the witness for examination and shall be read to or by him/her, 4 unless such examination and reading are waived by the witness and by the parties. Any changes 5 in form or substance which the witness desires to make shall be entered upon the deposition by 6 the officer with a statement of the reasons given by the witness for making them. This 7 procedure must be accomplished within 30 days of receipt of the transcript. 8 9 10 I have read the foregoing, and it is a true 11 transcript of the testimony given by me at the 12 taking of the subject deposition. 13 14 15 16 WITNESS 17 18 19 DATE 20 CASE NAME: ASBESTOS LITIGATION DATE TAKEN: November 3, 1998 21 22 23 24 25 83 1 STATE OF CONNECTICUT HARTFORD, SS. 2 I, Esmeralda Nazario, a Notary 3 Public in and for the State of Connecticut, do 4 certify that pursuant to appropriate notice of 5 taking a deposition, there came before me the 6 following-named person, to wit: CARMEN SBEZZI, 7 who was by me duly sworn; that he was thereupon 8 examined upon his oath and his examination 9 reduced to writing by me; and that the 10 deposition is a true record of the testimony 11 given by the witness. 12 I further certify that I am not a 13 relative or employee or counsel or attorney for 14 any of the parties, or a relative or employee of 15 such counsel or attorney, nor am I financially 16 or otherwise interested in the outcome of the 17 action. 18 Witness my hand and official seal at Hartford, Connecticut this 5th day of 19 November 1998. My Commission Expires 20 October 31, 2002 )AyWUlP(i^,[UlbU^ Notary PublicO 21 22 The foregoing certification of this transcript does not apply to any reproduction of the same 23 in any respect unless under the direct control and/or direction of the certifying reporter. 24 25 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY 1 IN RE: ASBESTOS LITIGATION Limited to: Raymond Nack C.A. NO. 98C-05-047 PLAINTIFFS' VACATION AND RE-NOTICE OF 30 (b)(6) DEPOSITION DUCES TECUM OF DYSON-KISSNAR-MORAN CORP. THROUGH ITS PERSON OR PERSONS MOST KNOWLEDGEABLE AS TO THE SPECIFIC AREAS ENUMERATED BELOW TO: ALL COUNSEL PLEASE TAKE NOTICE that pursuant to Delaware Superior Court Rule 30(b)(6), the oral deposition duces tecum of Dyson-Kissner- Moran Corp. through Carmelo Spezzi, its person most knowledgeable regarding the specific areas enumerated below, is re-noticed for November 3, 1998 at 10:00 a.m., in the offices of Ryan, Ryan, Johnson, McCaghey & Deluca, Stanford, CT. The deposition will continue from day to day until completed: (1) knowledge of the manufacture of asbestos-containing products sold by Dyson-Kissner-Moran Corp.; (2) the purchase of asbestos or asbestos-containing products; (3) the sale, containing products; supply and/or distribution of asbestos- (4) packaging and labeling of asbestos products sold; when and what type of warnings, if any, were placed on any asbestoscontaining products; (5) person most knowledgeable about safety; (6) when and how defendant first became aware of the fact that asbestos, if released into a respirable form, can be dangerous to individuals utilizing asbestos-containing products. (7) person most knowledgeable about OSHA; 2 (8) Worker's Compensation claims filed against defendant at any time with respect to asbestos-related disease. (9) the presentation of information to trade associations or state or federal governments concerning regulations of asbestoscontaining products from 1930 to 1990. DUCES TECUM If correspondence or documents or material requested in this duces tecum is claimed as privileged, it should be brought to the deposition for identification. 1. . Copies of all documents, memos, invoices, photographs, diagrams or other records (in your possession or available to you) which indicate the type of asbestos or asbestos-containing material or products which were manufactured, supplied, sold and/or distributed by defendant. 2. Copies of all documents, memos, records or other written material (in your possession or available to you) which indicate the type and brands of asbestos and asbestos containing materials used in defendant's products. 3. Copies of all correspondence, memos, invoices, brochures or other written materials (in your possession or available to you) pertaining to your receipt, from any company or distributor, U.S. or foreign, of raw asbestos fibers or asbestos-containing materials which were used by you in defendant's manufacturing process. 4. Copies of all documents, brochures, pamphlets, corres pondence or other documents (in your possession or available to you) which indicate the manner in which defendant's asbestoscontaining product(s) were to be used, applied and/or handled. 3 5. Copies of purchase records and ledgers evidencing purchases (in your possession or available to you) of asbestos and/or asbestos-containing products. 6. Copies of all brochures, product information sheets, product labels, packaging, warning labels or advertising copy (in your possession or available to you) which mention asbestos or asbestos-containing materials or products that defendant manufactured, sold, supplied and/or distributed. 7. Copies of all brochures, pamphlets, correspondence, diagrams, records or any other document (in your possession or available to you) which indicates the testing done on defendant's asbestos-containing products as to safety of the product, including but not limited to the release of asbestos. 8. Samples or product bags or containers (in your possession or available to you) for the asbestos-containing products manufactured, sold, supplied and/or distributed by defendant, including but not limited to, photographs, slides, sketches or other pictorial depiction of said products, bags or containers are also requested. 9. Copies of any depositions or any testimony given before any government or quasi-government body or Court regarding asbestos, and any similar document (including but not limited to speeches, pamphlets, brochures, articles, books and the like) which refer to asbestos or asbestos-containing materials. 10. Any documents, including but not limited to letters, agreements, memorandums, contracts and/or invoices (in your 4 possession or available to you) regarding knowledge of the dangers of and/or health hazards of asbestos and/or asbestos-containing products. 11. Copies of all records, correspondence, petitions agreements and/or other written material regarding worker's compensation claims filed against defendant with respect to asbestos-related disease. 12. All documents dealing with membership and involvement with any of the following organizations: The National Insulation Manufacturers Association (NIMA); Thermal Insulation Manufacturers Association (TIMA); Industrial Health Foundation and Industrial Hygiene Foundation (IHF); Asbestos Textile Institute (ATI); Magnesia Insulation Manufacturers Association (MIMA); Quebec Asbestos Mining Association (QAMA); Asbestos Information Association (AIA); Spray Mineral Fibers Manufacturers Association (SMFMA); and National Insulation Contractors Association (NICA). Date: By: 2 East 7th Street P.0. Box 1271 Wilmington, DE 19899 (302) 656-5445 Attorney for Plaintiffs 'SEXAUER' WICKINGS GRAPHITED ASBESTOS STEM PACKINGS Wrapped on a metal spool encased in protective outer metal shield. BRAIDED PACKING 1/2 Lb. Spool Cat. No. 6824 1/8" Cat. No. 6825 3/1G" Cat. No. 6828 1/4" TWISTED PACKING 1/2 Lb. Spool Cat. No. 6827 1/16" Cat. No. 6828 1/8" Cat. No. 6829 1/4" Each individual strand, whether braided or twisted. Is thoroughly graphite-lubricated prior to forming the finished packing. For use on water, steam, air or oil valves - rods or shafts. Strands of Twisted packing can be separated to make smaller packings. NEG.NO. AL-14 TRADEMARK FILE INFORMATION Trademark: Trademark Owner: Last Assignee: Date of First Use in Commerce: Registration No.: Date Trademark Registered: Size of Label in Trademark File: Sexauer Products & Triangle Donkey Design J. A. Sexauer Mfg. Co., Inc. J. A. Sexauer, Inc. 1966 896,495 August 11, 1970 N/A Receipt of Pictured Label by Patent Office: N/A PLAINTIFFS .EXHIBIT Zil 3 3s u-3-39 NEG. NO. AL-9 TRADEMARK FILE INFORMATION Trademark: Trademark Owner: Last Assignee: Date of First Use in Commerce: Registration No.: Date Trademark Registered: Size of Label in Trademark File: Sexauer J. A. Sexauer Mfg. Co. Inc J. A. Sexauer, Inc. 1922 536,341 January 16, 1951 N/A Receipt of Pictured Label by Patent Office: N/A TREATED ASBESTOS YARN CLEAN-CONVENIENT-ECONOMICAL Cat.No. 6834 1/4 Lb. Spools 1/16" Dla. - approx. 70 Yds. Made of 3-strand long-staple asbestos, Impregnated with special waterproofing agent. For packing faucet or valve bonnets and all connections where resistance to heat Is not of major importance. NEG.NO. AL-11 TRADEMARK FILE INFORMATION Trademark: Trademark Owner: Last Assignee: Date of First Use in Commerce: Registration No.: Date Trademark Registered: Size of Label in Trademark File: Sexauer Products & Triangle Donkey Design J. A. Sexauer Mfg. Co., Inc. J. A. Sexauer, Inc. 1966 896,495 August 11, 1970 N/A Receipt of Pictured Label by Patent Office: N/A SPECIAL ASBESTOS WICKING Cat.No. 6835 1/2 Lb. Balls 1/4" Dimeter Hade from strands of heavy roving twisted together. Principally used for packing on hot water lines. Wien dipped In hot tallow or paraffin. It also Is excellent for use on cold water lines. NEG.NO. AL-13 TRADEMARK FILE INFORMATION Trademark: Trademark Owner: Last Assignee: Date of First Use in Commerce: Registration No.: Date Trademark Registered: Size of Label in Trademark File: Sexauer Products & Triangle Donkey Design J. A. Sexauer Mfg. Co., Inc. J. A. Sexauer, Inc. 1966 896,495 August 11, 1970 N/A Receipt of Pictured Label by Patent Office: N/A !r ( PLAINTIFF'S EXHIBIT '^VLX jb W~U'^3~ci<r J ( \ NEG.NO. AL-10 TRADEMARK FILE INFORMATION Trademark: Trademark Owner: Last Assignee: Date of First Use in Commerce: Registration No.: Date Trademark Registered: Size of Label in Trademark File: Sexauer J. A. Sexauer Mfg. Co., Inc. J. A. Sexauer, Inc. 1922 536,341 January 16, 1951 N/A Receipt of Pictured Label by Patent Office: N/A