Document 44JGg2O8e4e0KMKO33e9pwaxx
VIDEOTAPED DEPOSITION LOWELL D. GRAVES
1 SMITH, MURPHY & SCHOEPPERLE, LLP, By LYNN D. GATES, ESQ.,
2 786 Ellicott Square Building,
Buffalo, New York 14203, 3 Appearing for the Defendants,
Certain-Teed Corporation and
4 Union Carbide Corporation. 5 DAMON & MOREY LLP,
STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE
By PETER S. MARLETTE, ESQ., 6 1000 Cathedral Place,
298 Main Street, 7 Buffalo, New York 14202-4096,
Appearing for the Defendant,
KENNETH C. LANG and JOAN A. LANG, his spouse,
Plaintiffs, - vs - Index Number
I2006-11337
8 Insulation Distributors, Inc. 9 WEINER LESNIAK, LLP,
By ANDREW WARSHAUER, ESQ., 10 888 Veterans Memorial Highway,
Suite 540,
11 Hauppauge, New York 11788, Appearing for the Defendant,
12 Peerless Industries, Inc.
AII ACQUISITION CORP., f/k/a HOLLAND FURNACE COMPANY, et al.,
13 UNDERBERG & KESSLER LLP, By COLIN D. RAMSEY, ESQ.,
14 1900 Main Place Tower,
Defendants.
Buffalo, New York 14202, 15 Appearing for the Defendant,
Rochester Industrial Insulation,
16 Inc.
Videotaped deposition of LOWELL D. GRAVES, taken pursuant to Notice, in the offices of
17 18
HURWITZ & FINE, P.C., By V. CHRISTOPHER POTENZA, ESQ., 1300 Liberty Building,
JACK W. HUNT & ASSOCIATES, INC., 1420 Liberty Building, Buffalo, New York, on June 15, 2007, commencing at 10:27, before LORI K. BECK, CSR, RDR
19 20
Buffalo, New York 14202, Appearing for the Defendant,
Weil-McLain.
CRR, Notary Public.
21 PRESENT: JOSEPH P. RIZZO, CLVS, Videographer.
JACK W. HUNT & ASSOCIATES, INC.
22 23
Page 2
Page 3 Page 4
1 APPEARANCES: LIPSITZ & PONTERIO, LLC, By JOHN P. COMERFORD, ESQ.,
2 135 Delaware Avenue, 5th Floor, Buffalo, New York 14202,
3 Appearing for the Plaintiffs. 4 McGIVNEY & KLUGER, P.C.,
By AMANDA N. KNAPP, ESQ., 5 One Lincoln Center, Suite 1010,
110 West Fayette Street, 6 Syracuse, New York 13202,
Appearing for the Defendants, 7 AII Acquisition Corp. and
Pecora Corporation.
8
FELDMAN, KIEFFER & HERMAN, LLP, 9 By MARK S. NEMETH, ESQ.,
The Dun Building, Suite 400,
10 110 Pearl Street, Buffalo, New York 14202,
11 Appearing for the Defendants, Alray Construction Corp.,
12 R.E. Hebert and Company, Inc., and Columbia Boiler Company.
13
DAMON & MOREY LLP, 14 By BARBARA L. SCHIFELING, ESQ.,
1000 Cathedral Place, 15 298 Main Street,
Buffalo, New York 14202-4096, 16 Appearing for the Defendant,
Baltimore Ennis Land Company, Inc.,
17 a/k/a Belci, f/k/a Gibson Homans. 18 GOLDBERG SEGALLA LLP,
By SUSAN E. VAN GELDER, ESQ., 19 665 Main Street, Suite 400,
Buffalo, New York 14203, 20 Appearing for the Defendants,
Nebel's Manufacturing Company, 21 Burnham LLC and Hercules Chemical
Company, Inc.
22 23
1 (STIPULATIONS: Waive filing and signing of 2 the transcript, waive Oath of the Referee, 3 reserve all objections until trial, with 4 exception of objections as to form.)
5
6 The following were marked for Identification: 7 GRAVES EXH. 1 Notice for Videotaped
Examination Before Trial. 9 GRAVES EXH. 2 letter dated October 23, 10 2003; attached Certificate of 11 Records. 12 GRAVES EXH. 3 Cautions Used On Packages of 13 Asbestos-Containing Products. 14 GRAVES EXH. 4 color photocopy, "43" 15 Finishing Cement. 16 GRAVES EXH. 5 color photocopy, One-Cote 17 Cement. 18 GRAVES EXH. 6 color photocopy, Super "66" 19 Insulating Cement. 20 GRAVES EXH. 7 color photocopy, One-Cote 21 Cement. 22 GRAVES EXH. 8 color photocopy, "43" 23 Finishing Cement.
1 (Pages 1 to 4)
Page 5
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1 (The following portion of the proceedings
1 EXAMINATION BY MR. COMERFORD:
2 were not videotaped at the request of counsel.)
2
3
MS. VAN GELDER: Susan Van Gelder from
3
Q. Good morning, Mr. Graves.
4 Goldberg Segalla.
4 A. Good morning.
5 Certain of my clients may not have been
5 Q. My name is John Comerford. I'll --
6 served with the Summons and Complaint or any
6 I'll have a few questions for you this morning.
7 Amended Summons and Complaint in this action, and 7
Would you please introduce yourself to the
8 my appearance today on their behalf does not waive 9 any of their affirmative defenses, including those
8 jury? 9 A. My name is Lowell D. Graves, as I just
10 related to proper service of process and any
10 said.
11 jurisdictional affirmative defenses.
11 I'm from Florida via Missouri, via Ohio, via
12 MR. COMERFORD: John Comerford.
12 Indiana.
13 I did raise -- I did receive a letter from
13 Q. And, sir, where were you born?
14 Susan indicating that one of her clients may not 14 A. Rushville, Indiana.
15 have been properly served.
15 Q. And I just want to ask you a few
16 I did respond by letter providing an
16 background questions, if I may.
17 affidavit of service showing that they were served.
17
What's your date of birth?
18 Either way, I'm confident we can work it
18 A. September 5, 1937.
19 out.
19 Q. And how old does that make you, sir?
20 MR. COMERFORD: Let's put the normal
20 A. 69, almost 70.
21 asbestos stipulations on first.
21 Q. And I'm just going to touch on your
22 John Comerford on behalf of the estate of
22 educational background, if I may.
23 Kenneth Lang.
23 Where did you graduate from high school?
Page 6
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1
An objection by one Defendant may be relied
1
A. St. Bernard High School in Cincinnati,
2 upon by -- by all other Defendants.
2 Ohio.
3 All objections are preserved to the time of
3 Q. And did you go to work shortly after
4 trial except as to form, so if there is a form
4 you graduated?
5 objection to any of my questions, ask counsel to
5 Or let me -- strike that.
6 please articulate it.
6 Did you attend college, sir?
7 There are a number of Exhibits here today.
7 A. I did.
8 I will have them annexed to Mr. Graves' testimony, 8
Q. What university?
9 the deposition testimony here.
9 A. University of Cincinnati.
10 Any other -- Susan Van Gelder already put 10
Q. And what year did you graduate?
11 one objection on. Any other comments or objections 11
A. 1960.
12 before we start?
12 Q. And what did you obtain your degree in?
13 If we could. Joe?
13 A. Bachelor of Science, industrial
14 (Videotaping of the following proceedings 14 management.
15 commenced at the request of counsel.)
15 Q. And, sir, did there come a time when
16
(Videotaping of proceedings commenced at
16 you began to work after college?
17 10:27.)
17 A. Yes.
18 18 Q. And can you give me a thumbnail sketch
19 L O W E L L D. G R A V E S, 850 Fort Pickens 19 of your work sort of after college up to the
20 Road, Unit 1330, Pensacola Beach, Florida, 32561, 20 present?
21 after being duly called and sworn, testified as
21 I know that covers a little bit of time, but
22 follows:
22 real generally, if you could.
23 23 A. After I got out of college, I went back
2 (Pages 5 to 8)
JACK W. HUNT & ASSOCIATES, INC. 1420 Liberty Building
Graves Comerford - 6-15-07
Page 9
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1 with the firm that I was with during college,
1 with Eagle-Picher starting around 1962?
2 Cincinnati Butcher Supply Company.
2 A. In '62, I was hired as the manager of
3 And shortly thereafter, I went into the
3 order department and customer service.
4 Army.
4 Couple years later, I was made
5 And when I got out, I -- shortly thereafter
5 administrative assistant but continued to oversee
6 that, I went with Eagle-Picher Industries.
6 the order department.
7 Q. And what years did you work for
7 A couple years after that, I was named
8 Eagle-Picher Industries, sir?
8 manager of national account sales.
9 A. I started in 1962 through March of
9 Sometime later, I was named vice -
10 1983.
10 assistant vice -- assistant sales manager.
11 Q. And before we talk about Eagle-Picher,
11 And ultimately vice-president of sales until
12 can you tell me what you -- what you've done since
12 '76.
13 you left Eagle-Picher?
13 Q. What years, just so we're clear, did
14 A. In 1983, I went with a small, privately
14 you work as a sales manager?
15 held company that manufactured specialty insulation 15
Approximately.
16 products in Joplin, Missouri, and was president and 16
A. I'm sorry?
17 chief operating officer until I took
17 Q. Did you -- you worked in sales then?
18 semi-retirement in 2002 and stayed on part-time
18
A. Yes.
19 until 2004.
19 Q. And what years, approximately, did you
20 And I am now serving as a manager and sales 20 work in sales for Eagle-Picher?
21 consultant to that company.
21 A. Well, really the whole time, but
22 Q. And this company that you -- you left
22 outside sales from, say, '64, '65 on.
23 in 2004, what -- what was its name?
23 The order department was under the auspices
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1 A. Its name was PK Insulation
1 of sales, so I really was involved in -- in the
2 Manufacturing Company in Joplin, Missouri.
2 sales the whole time.
3
Q. What is -- do they have the same name
3
Q. And can you give me an idea of -
4 today, sir?
4 starting around '64 to, we'll say, '75 -- I guess
5
A. They changed their name about four
5 that would be an 11-year time period.
6 years ago -- three or four years to Fiberlite
6 What were your day-to-day -- day-to-day
7 Technologies, Incorporated.
7 responsibilities?
8 Q. Sir, let's focus for a minute on the
8 A. Well, depending on whatever my title
9 Eagle-Picher company.
9 may have been during that period of time, it woult
10
You were there, again, from approximately
10 be to field travel, call on customers, work with
11 1962 to 1983?
11 our regional salespeople.
12 A. Yes.
12 Contact customers by phone, make sales
13 Q. And I'm going to focus on the
13 quotations.
14 Eagle-Picher company a little bit.
14 And again, oversee the internal affairs of
15 Where was that company located?
15 the sales department.
16 A. In Cincinnati, Ohio.
16 Q. And real briefly, you touched on
17 Q. And what type of business was that
17 earlier the type of business Eagle-Picher was in.
18 company involved in?
18 I just need you to expand upon that a little bit.
19 A. Well, they were a multi-facetted
19 Was Eagle-Picher a manufacturing company?
20 company in several things.
20 A. Yes.
21 The one I was associated with was the 21 Q. And what type of products, generally,
22 manufacture of industrial insulation.
22 were they manufacturing?
23 Q. And could you describe your work duties 23 A. Well, our basic products were what's
3 (Pages 9 to 12)
JACK W. HUNT & ASSOCIATES, INC. 1420 Liberty Building
Graves Comerford - 6-15-07
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1 called mineral fiber insulation.
1 Q. What's the -- what do you mean by "a
2 We actually made mineral fiber and then took 2 higher fiber product"?
3 the fiber and put it into various forms of
3 What does that mean?
4 products, such as block -- what's called insulating 4 A. A higher mineral fiber insulation in it
5 block, board, blanket, pipe insulation, and
5 to give it higher temperature application degree.
6 cements.
6 Q. And how is the Super 66 packaged, sir?
7 Q. Generally speaking, these mineral fiber
7 A. It was packed in the same type of bag
8 insulation products, where would they be used?
8 but did not have a moisture barrier.
9 A. They would be used primarily in the
9 Q. And focussing on the One-Cote, what, if
10 power and process industry and any high-temperature 10 anything, would be on a package of One-Cote?
11 original equipment manufacturing.
11 What would -- what would it say, if
12 Q. Focussing on these products, did they
12 anything?
13 ever contain asbestos?
13 A. It would -- it would give the name of
14 A. They did.
14 the manufacturer, the -- the trade name of the
15 Q. And which products, if you can, was
15 product, mixing instructions, and that type of
16 manufactured by Eagle-Picher which contained
16 thing.
17 asbestos?
17 Q. Same question for the Super 66.
18 A. The only products that we had asbestos 18 A. Yes.
19 fiber in were the thermal insulating cements.
19 Q. Essentially the same answer if my
20 Q. And can you tell me a little bit about
20 question to you is what was the packaging like,
21 the cements?
21 what did it say on the packaging?
22 By that, did they have a trade name?
22 A. It -- it would be the same thing.
23 A. We -- we had several, but -- but we had 23 It would be the Eagle-Picher name, the name
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1 two that over 90 percent of the sales dealt with.
1 Super 66 cement, how to mix it, that type of thing.
2 And that was the One-Cote cement and
2 And -- and -- and it was also stamped
3 Super 66 cement.
3 with -- with production date codes.
4 Q. Let's focus on those two products, if
4 Q. Focussing on the One-Cote cement, for
5 they were about 90 percent of the -
5 what years do you remember that product containing
6 A. Okay.
6 asbestos?
7 Q. -- the product share for Eagle-Picher.
7 A. Which product are you --
8 We'll start with the One-Cote.
8 Q. One-Cote.
9 How was that packaged?
9 A. One-Cote.
10
A. It was packaged in a Kraft paper bag
10
One-Cote had asbestos fiber in it to
11 with a moisture barrier in it.
11 some percent -- they were -- they were always
12 Q. Did you say "a moisture barrier"?
12 varying the percentages to make the product better
13 A. Moisture barrier.
13 or -- or more customized for a client.
14
Q. And using your hands or any other way,
14
But it contained asbestos from the time it
15 what were the size or shape of the -- of the bags?
15 was introduced, to the best of my knowledge, up
16 A. Well, the -- the One-Cote, which was 16 until 1971.
17 the finishing cement, I would say would be about 17
Q. When you say "introduced," do you know
18 like this, two foot high, maybe 18 inches wide, and 18 what year it was introduced, approximately?
19 maybe six inches wall, gusset, thickness.
19 A. Yes. It would be in the '40s, '50s.
20 Q. Sure.
20 Q. At least -- was it asbestos-containing
21 A. The Super 66 cement, being a higher 21 when you started?
22 fiber product, would have been slightly larger than 22
A. Yes.
23 that.
23 Q. Okay. And you started, again, in what
4 (Pages 13 to 16)
JACK W. HUNT & ASSOCIATES, INC. 1420 Liberty Building
Graves Comerford - 6-15-07
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1 names you gave, what decade would that have been,
1
Q. Did -- how did you interact with him or
2 sir?
2 work with him?
3 A. It would have been mid-'60s until I
3 A. Well, I --
4 left.
4 Q. In -- in what capacity?
5 Till the early '80s.
5 A. I reported to him when I was hired as
6 Q. Did there come a time, sir, when you,
6 the -- as the sales department manager and customer
7 Lowell Graves, the gentleman here today -- you
7 service.
8 individually became aware of the potential health
8 So I reported to him, so I worked with him.
9 hazards of asbestos?
9 Q. This memo he sent out -- is it fair for
10 A. Yes.
10 me to call it a memo or a letter, this document he
11 Q. And when did you learn, sir, that there
11 sent out after he -- he came back from Colorado?
12 may be a problem associated with asbestos and -
12
Did you actually -- were you one of the
13 and health?
13 recipients of that document?
14 A. In May -- in May of '64.
14 A. I was not a recipient of the document,
15 Q. And how did you learn that?
15 but we circulated what was called a correspondence
16 A. The gentleman who I reported to, our 16 file.
17 general sales manager, attended a meeting in
17 And all the people involved saw that
18 Denver, Colorado.
18 document.
19 It was a NIMA meeting which is National 19 Q. Were you one of those people that saw
20 Insulation Manufacturers Association. It was a
20 that -- that document?
21 trade association.
21 A. Absolutely.
22 And he attended that meeting, and it was
22 Q. And as you sit here today, can you tell
23 announced during the meeting that Johns-Manville 23 me sort of the sum and substance? What did it
Page 22
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1 was going to adopt a caution label on all of their
1 generally say?
2 products that contained asbestos.
2 You know, I know we're a number of years
3 So when he returned from the meeting, he
3 later, but what do you remember being on that
4 sent out an internal document -- a letter, internal
4 document?
5 correspondence -- to the key people like
5 A. Well, it was just an internal
6 production, research/development, general manager, 6 correspondence to, like I said, the key people in
7 and -- stating that Johns-Manville was going to
7 the -- in our division stating that he attended the
8 adopt this caution labelling system, that he
8 NIMA meeting and that Johns-Manville -- one of the
9 recommended that we do the same thing.
9 subjects they brought up was the concern -- their
10
And I saw that document as it was circulated
10 concerns about asbestos fiber.
11 throughout our department.
11 And since they were miners of fiber and knew
12 Q. And this gentleman that went to this
12 far more about asbestos fiber than we did -- all we
13 meeting, do you remember his name?
13 did was buy it and put it in some of our products.
14 A. John Harrington.
14 -- we felt their position was something that
15 Q. And do you remember the first time you
15 we should study very closely and probably follow
16 met Mr. Harrington?
16 suit.
17 A. He hired me in 1962.
17 Q. And just so we're clear, NIMA, you -- I
18 Q. And what was his background with the - 18 want to confirm what that stands for.
19 with the Eagle-Picher company?
19 What's the name of that organization?
20 A. At that time, he was general sales
20 A. NIMA is the National Insulation
21 manager.
21 Manufacturers Association.
22 Q. And did you actually work with him?
22 Q. And do you know what companies made up
23 A. Yes.
23 NIMA?
6 (Pages 21 to 24)
JACK W. HUNT & ASSOCIATES, INC. 1420 Liberty Building
Graves Comerford - 6-15-07
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1 A. Johns-Manville.
1 BY MR. COMERFORD:
2 MR. MARLETTE: Object to form.
2 Q. Well, let me -- let me change
3 THE WITNESS: Johns -- the ones that I know 3 directions a little bit.
4 for sure would be Johns-Manville, Owens-Corning, 4 Was a decision made shortly after this
5 Phillip-Carey, Baldwin-Ehret-Hill.
5 meeting by Eagle-Picher to change its labelling
6 MS. VAN GELDER: I didn't hear the last one. 6 procedure?
7 THE WITNESS: 48 Insulation.
7 A. Yes.
8 MR. COMERFORD: Baldwin-Ehret-Hill, he said. 8 Q. And could you tell me what happened?
9 THE WITNESS: And there's probably others,
9 A. Well, everybody agreed, everybody
10 but I -
10 meaning the people that were in -- in control at
11 BY MR. COMERFORD:
11 that time -- manufacturing, research, general
12 Q. Well, I've got to ask you a funny
12 management, and sales management -- that we should
13 question.
13 immediately adopt an -- a caution label and start
14
Eagle-Picher, who you worked for. Were they
14 putting it on the bags of cement.
15 a member of NIMA?
15 Q. And generally speaking, what did this
16 A. Yes.
16 cautionary label refer to?
17 Q. Okay. How do you know that
17 A. It -- I'm sure it was copied from what
18 Eagle-Picher was a member of NIMA?
18 Johns-Manville read off they were going to state,
19 A. I just knew that they were, and we'd
19 but it -- it cautioned the people that the product
20 get NIMA quarterly reports and -- I never attended 20 contained asbestos and -- and that you should avoid
21 one of their meetings during that period of time,
21 breathing the dust, that it may be harmful to your
22 but John Harrington was our representative.
22 health.
23
And they held meetings at least once a year
23
Q. And do you know what
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1 and oftentimes twice a year.
1 asbestos-containing products Eagle-Picher decided
2 Q. As you sit here today looking back in
2 to place this cautionary label on?
3 time into '64, do you know what events sort of
3 A. We put them on all of the thermal
4 precipitated this May meeting in '64 out in
4 insulating cements.
5 Colorado?
5 Q. Did that include -- just so we're
6 Did anything happen, as far as you could
6 clear, what specific products did that include?
7 see?
7 A. Well, that would include the Super 66,
8 A. What events in our company?
8 the One-Cote, Eagle 43, and all the other cements
9 Q. No. We'll say just in America.
9 that -- again, that were -- very small part of our
10
I mean, do you know why they met? Did -
10 sales, but it -- it went on all bagged cement
11 was anything reported?
11 product.
12 What -- what sparked that meeting, if
12 Q. And do you know what time period the -
13 anything?
13 this warning started going on the bags?
14 MR. NEMETH: Objection.
14 A. This would have been in -- in June of
15 THE WITNESS: Well, I don't -- I don't
15 '64.
16 believe meeting was called for a special meeting. 16
Q. And for how long did the warning go on?
17 It was a regularly scheduled NIMA meeting, which 17
A. It was on the label until the asbestos
18 they would meet so -- every so often and discuss 18 fiber was taken out of the product, which would
19 things in the trade that might be of good
19 have been 1971.
20 information to all the manufacturers.
20 Q. And so this meeting was sometime in -
21
And during whatever the agenda may have
21 in May out in Colorado, and then approximately,
22 been, one of the topics was Johns-Manville's
22 just so we're clear, how much time did it take
23 position on this labelling.
23 Eagle-Picher to actually put this cautionary label
7 (Pages 25 to 28)
JACK W. HUNT & ASSOCIATES, INC. 1420 Liberty Building
Graves Comerford - 6-15-07
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1 on its bag?
1 like, and you try to get a hold of their literature
2 A. I would say a month.
2 to stay up with them or ahead of them.
3
Q. And how was that warning actually put
3
I mean, it's just a competitive-type thing.
4 on the bag?
4 So I would seek a lot of manufacturers'
5 A. Well, initially, because we had so many 5 products in my travels in the field or in a
6 bags already preprinted, a stick-on, glue-on type 6 distributor's warehouse.
7 label was made, copied, and affixed to the bag.
7
Q. Focussing on these finishing cements,
8 Eventually, when bags were reordered, that 8 was there one company -- let's put Eagle-Picher to
9 caution statement was printed on the bag.
9 the side, but one company that had a real lion's
10 Q. Did Johns -- strike that.
10 share of the market, that -- that had a -- more of
11 Did Eagle-Picher, during this time period, 11 a strangle hold on it than others?
12 have any, you know -- were there competitors 12 MR. NEMETH: Objection, form.
13 selling insulating cement that would compete with 13
THE WITNESS: Yes, in my opinion, there was.
14 either Eagle-Picher 66 or the One-Cote cement?
14
BY MR. COMERFORD:
15 A. I'm sorry? Repeat -
15 Q. And which one was that?
16 MR. MARLETTE: Object to form.
16 A. Johns-Manville.
17 BY MR. COMERFORD:
17 Q. And I want to focus a little bit on the
18 Q. I'll rephrase the question.
18 two cements you mentioned.
19 You mentioned Eagle-Picher 66, and you 19 One was 352?
20 mentioned One-Cote cement today, correct?
20 A. Yes.
21
Were there any products out there that were
21
Q. And what was the other one?
22 competitive products being manufactured by
22 A. 450.
23 different companies?
23 Q. 450. Okay.
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1 A. Yes.
1 Do you remember a time -- strike that.
2 Q. And can you give me a few examples of
2 Did you on occasion see the -- the
3 those?
3 Johns-Manville insulating cements out in the field?
4 A. Almost all of the companies I named
4 A. Yes.
5 that attended the NIMA meeting actually
5 Q. And what time period did you see those
6 manufactured or resold those cement products.
6 products, those competitive -- competitive
7 Super 66 and One-Cote would be ours.
7 products?
8 Phillip-Carey made MW-1, MW-50.
8 A. Mid-'60s to mid-'70s.
9 Johns-Manville marketed a product 352 and
9 Q. And just so we're clear, for what
10 450. They used a lot of numbers. 450 was a
10 reason would you see those products or -- or take
11 finishing cement like Super 66. 352 was a cement
11 an interest in them?
12 like One-Cote.
12 A. Well, number one, they're a competitor,
13 Q. Let me focus on Johns-Manville for -
13 and so you'd -- if you see it, you kind of check it
14 for a little bit just so we're clear here.
14 out, see what's on the bag, see what -- see what
15 You never worked for that company, correct?
15 kind of mixing constructions they have, is their
16 A. I did not.
16 coverage better than ours, those types of things.
17 Q. Is there a reason Lowell Graves knows
17 And then, of course, you have access to
18 what Johns-Manville is making if he didn't work for
18 their literature, so you were just interested in
19 Johns-Manville?
19 who you're competing with and what -- what products
20 A. Well, in -- in your travels or going
20 are out there.
21 through distributors' warehouses, you would see
21
Q. Did there come a time, sir, when you
22 competitive products, and you always kind of make a 22 began seeing a cautionary notice on the
23 note of what's on the bag and what they looked
23 Johns-Manville bags regarding this insulating
8 (Pages 29 to 32)
JACK W. HUNT & ASSOCIATES, INC. 1420 Liberty Building
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1 STATE OF NEW YORK)
1 INDEX TO WITNESSES
2 ss:
2 Witness
Examination
Page
3 COUNTY OF ERIE )
3 LOWELL D. GRAVES BY MR. COMERFORD:
44
5 I DO HEREBY CERTIFY as a Notary Public in and 5
6 for the State of New York, that I did attend and
6
7 report the foregoing deposition, which was taken
7
8 down by me in a verbatim manner by means of machine
9 shorthand. Further, that the deposition was then
8
10 reduced to writing in my presence and under my
9
11 direction. That the deposition was taken to be
10
12 used in the foregoing entitled action. That the
11
BY MR. MARLETTE: BY MR. POTENZA:
41 42
13 said deponent, before examination, was duly sworn
12
14 to testify to the truth, the whole truth and
13
15 nothing but the truth, relative to said action.
14
16 15
17 16 18 17
19 LORI K. BECK, CSR, RDR, CRR,
20 Notary Public.
21
22
23
18 19 20 21 22 23
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Page 46
1 INDEX TO EXHIBITS
2 Exhibit
Description
Page
3 GRAVES EXH. Notice for Videotaped
4
1 Examination Before Trial.
4
GRAVES EXH. letter dated October 23,
4
52
2003; attached Certificate
of Records.
6
GRAVES EXH. Cautions Used On Packages 4
73
of Asbestos-Containing Products.
8
GRAVES EXH. color photocopy, "43"
4
94
Finishing Cement.
10 GRAVES EXH. color photocopy, One-Cote 4
5 Cement.
11
GRAVES EXH. color photocopy, Super "66" 4
12 6
Insulating Cement.
13 GRAVES EXH. color photocopy, One-Cote
4
7 Cement.
14
GRAVES EXH. color photocopy, "43"
4
15 8
Finishing Cement.
16
17
18
19
20
21
22
23
12 (Pages 45 to 47]
JACK W. HUNT & ASSOCIATES, INC. 1420 Liberty Building
Page 48
A
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39:21
B
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_________ C
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