Document 4vmBeMpJknRQqeOeMGYNNoj31

IN THE U N IT E D STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA NEVADA POWER COMPANY 4 - vs- Plaintiff, ) ) ) # CV-S-89-555-LDG ) (LRL) MONSANTO COMPANY, et al., ) ) Defendants. ) DISCOVERY DEPOSITION OF JAMES McNICHOLS On the part of the Plaintiff A p ril 1, 1993 Concannon & Jaeger General Court Reporters 705 Olive Street, Suite 604 St. Louis, Missouri 63101 (314) 421-1000 * i COMPUTER AIDED TRANSCRIPTION 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA n 3 NEVADA POWERCOMPANY, ) ) 4 Plaintiff, ) 5 -vs- ) ) if CV-S-89-555-LDG (LRL) ) 6) MONSANTOCOMPANY, et al., ) 7) Defendants. ) 8 9 DISCOVERY DEPOSITION OF WITNESS, to be used in an 10 action pending in the District Court of the United States, 11 for the District of Nevada, wherein NEVADA POWER COMPANY is 12 Plaintiff, and MONSANTO COMPANY, et a l , are the 13 Defendants, pursuant to Notice, under the provisions of 14 Rule 26 of the Rules of Civil Procedure, taken on April 1, 15 1993, at the law offices of Messrs. Husch & Eppenberger, 16 100 h . Broadway, St. Louis, Missouri, before Mark D. 17 Concannon, a Notary.Public within and for the State of 18 Missouri. . 19 A P P E A R A N C E S 20 The Plaintiff was represented by Attorney Ralph A. Bradley of the law firm of Jones, Jones, Close & Brown, 21 Chartered, 700 Bank of America Plaza, 300 South Fourth Street, Ste. 700,1 Las Vegas, Nevada 89101, and Richard 22 Hinckley, Vice-President/General Counsel, Nevada Power. 23 The Defendant, Monsanto, was represented by Attorney Bruce A. Featherstone of the law firm of Kirkland 6 Ellis, 24 1999 Broadway, Ste. 4000 , Denver, Colorado 70202. 25 2- CONCANNON & JAEGER ;% COMPUTER AIDED TRANSCRIPTION 1 A P P E A R A N C E S (:continuing) 2 The Defendant, Westinghouse, was represented by Attorney Laurie Basch of the law firm of Weil, Gotshal & 3 Manges, 767 Fifth Avenue, New York, New York 10153. - 4 Also present : Liz G ini, paralegal. 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 -3CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 JAMES McNICHOLS, 2 of lawful age, being first duly sworn to tell the truth, 3 the whole truth, and nothing but the truth, deposes and 4 says on behalf of the Plaintiff, as follows: 5 DIRECT EXAMINATION 6 QUESTIONS BY MR. BRADLEY: 7 Q. Please state your name and spell your last for 8 the record. 9 A. James McNichols, M-c-N-i-c-h-o-l-s. 10 Q. What is your residential address? 11 A. 1503 Ploma, P-l-o-m-a, Manchester, Missouri. 12 MR. FEATHERSTONE: Before we go on with the 13 questioning, Mr. Bradley, the record should show that the 14 witness has been tendered in response to the Rule 30(b)6 15 Notice from Nevada Power to Monsanto regarding Mr. Paul A. 16 Wright and for the subject matters identified in the Notice 17 as limited by the Magistrates order of, I believe it1s 18 December 23. 19 Q. (by Mr. Bradley) What is your educational 20 background? 21 A. I'm a graduate of the University of Notre Dame 22 in *73 with a Bachelor's degree in economics, and I have a 23 Master's degree in business administration from the 24 University of Michigan in 1975, and I'm currently a lav/ 25 student at the University of St. Louis. - 4CONCANNON JAEGER r1 COMPUTER AIDED TRANSCRIPTION 1 Q. Are you here today represented by an attorney? 2 A. fes, I am. 3 Q. Mr. Featherstone? 4 A. Yes. 5 Q. Have you had your deposition taken before? 6 A. No, I have not. 7 Q. Have you had a chance to talk with your 8 attorney about the purposes of a deposition? 9 A. Yes, I have. 10 Q. If at any time during this deposition I ask a 11 question that you don't understand, will you tell me? 12 A. Yes, I will. 13 Q. And if you give an answer to a question, I am 14 going to assume you understood it. Fair enough? 15 A. Fine. 16 Q. Additionally, if at any point you want to take 17 a break for any reason, you just let me know, all right? 18 A. Fine. 19 Q. Where have you worked following receipt of 20 your Bachelor's in economics? 21 A. I worked for B.F. Goodrich in Akron, Ohio from 22 1975 until February of 1979. I joined Monsanto in February 23 of 1979. 24 Q. What was your job title when you joined 25 Monsanto? CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 A. I was labor relations supervisor at the 2 Monsanto Industrial Chemicals Company, Trenton, T-r-e-n 3 t-o-n, Michigan facility. 4 Q- What were your job responsibilities as labor KS relations supervisor? 6 A. I was responsible for administering labor con- 7 tracts between Monsanto and the Oil, Chemical, and Atomic 8 Workers Union. 9 Q. How long were you labor relations supervisor? 10 A. Prom February 19th, 1979 until June 2nd of 11 1981. 12 Q. 13 A. What work did you do following June 2nd, 1981? I was the personnel superintendent for that 14 site from June of 1981 until January of 1985. 15 Q. 16 facility? By "that site,n you mean the Trenton, Michigan 17 A. That* s .correct. 18 Q. What was your next job title? 19 A. Manager of personnel. 20 Q. v 21 facility? Was that also at the Trenton, Michigan 22 A. No. That was at Monsantors World Headquarters 23 in St. Louis. 24 Q. When did you -- You became manager of person 25 nel in 1985? - 6- CONCANNON JAEGER '9 COMPUTER AIDED TRANSCRIPTION 1 , A. That1s correct. 2 Q. What was your next job title? 3 A. My next job title was manager of personnel in 4 Monsanto Chemical Company from January of 1986 until March 5 of 1988. 6 Q. What was your next job title? ; 7 A. I was the general superintendent of personnel 8 at the Vi. G. Krummrich, K-r-u-m-m-r-i-c-h, Plant, in 9 Sauget, Illinois. 10 Q. What was your next job title? 11 A. I left Monsanto in July of 1988? I was the 12 director of labor relations and employee benefits for Con 13 agra, C-o-n a-g-r-a, Frozen Foods here in St. Louis and in 14 Omaha, Nebraska. 15 Q. What was your next job title? 16 A. I rejoined Monsanto January 1st, 1990, and my 17 title is -- was and.is manager of human resources for 18 Monsanto's legal and financial staff here in St. Louis. 19 Q. Did anyone indicate to you why you were 20 selected as the person within Monsanto who would respond to 21 the 30(b)6 Notice that was issued by Nevada Power Company 22 that brings you here today? 23 A. Yes, they have. 24 Q. What did they tell you? 25 A. Well, I have access to the records out at -7- CONCANNON JAEGER $> COMPUTER AIDED TRAHSCRIPTI015 1 Monsanto related to Dr, Wright, 2 Q. And, as I understand it, the files that you 3 have access to are in Monsanto1s -- involve Monsanto1s 4 legal and financial staff? 5 A. Yes. S Q. Why is Dr, Wright's file in Monsanto's legal 7 and financial staff records? 8 A Well, I have access to not only the legal and 9 financial staff, but I also have access to general person 10 nel records of Monsanto Company that includes access to 11 Monsanto's pension information, and I also, through our 12 financial organization, have the ability, by asking the 13 right questions, to find out information related to any 14 payments that may have been made to Dr, Wright. 15* Q. Did you speak with anyone within Monsanto 16 where you were attempting to ask the right questions re 17 garding any payment.that may have been made to Dr. Wright? 18 A, Yes, I did. 19 Q. Who did youspeak to? 20 A. First I spoke to Mrs. Laura Engelage, E-n-g-e21 i-a-g-e -- she is a compensation and benefits representa 22 tive for Monsanto -- to find out v/hether or not Monsanto 23 was, through its salaried payroll system, making any pay 24 ments to Dr. Paul Wright. I found out that the last pay 25 ments to Dr. Paul L. Wright were in February of 1984. Cur- - 8CONCANNON & JAEGER  COMPUTER AIDED TRAITSCRIPT ION 1 rently, Dr, Wright is not receiving any payments through 2 the salaried payroll system. 3 The next information data base that I have to 4 go to is our pension fund, or pension system. I talked to 5 Mrs. Karen McHugh, M-c-H-u-g-h, who is responsible for 6 administering Monsanto* s salaried pension system, to find 7 out whether in fact Dr. Wright was receiving any pension 8 payments from Monsanto. He was not -- has not been receiv 9 ing any pension payments from Monsanto. 10 In point of fact, I found out that Dr. Wright 11 has recently passed away, and in terms of his benefit 12 status, Dr. Wright is entitled to no benefits to himself or 13 to his estate. 14 Q. How did Dr. Wright pass away? 15 A. I have no idea. 16 Q. When did you determine that he passed away? 17 A. I understand that from employees at Monsanto. 18 Q. Who told you that? 19 A . Mike New port. 20 Q. And v/hat did Mr. Newport tell you? 21 MR. FEATHERSTONE: You're instructed not to 22 answer that question. 23 Q. (by Mr. Bradley) Is Mike Newport an attorney? 24 25 tion. MR. FEATHERSTONE: You can answer that ques - 9- CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION > l'1 A. Yes, he is, 2 Q. (by Mr. Bradley) Is he an attorney within 3 Monsanto1s corporate 1aw department ? 4 MR. FEATHERSTONE: You can answer that ques5 tion, too. 6 A. Yes, he is. 7 MR. BRADLEY: I need to go off the record for 8 a minute. 9 (Thereupon, a short colloquy was had.) 10 Q. (by Mr. Bradley) All right. Do you know when 11 Dr. Wright passed away? 12 A. No, I do not. 13 Q. Were you told by anyone when Dr. Wright passed 14 away ? 15 MR. FEATHERSTONE: Well, Mr. McNichois, your 16 only information about Dr. Wright and his death came from 17 Mike Newport the attorney? IS THE WITNESS: Yes, that1s correct. 19 MR. FEATHERSTONE: You1re instructed not to 20 answer that question. 21 I think the important point is on the record. 22 MR. BRADLEY: Do you think that the questions 23 that I asked really goes to the attorney/client privilege? 24 MR. FEATHERSTONE: Well, if you agree that the 25 answer is not a waiver. - 10 CONCANNON & JAEGER <j COMPUTER AIDED TRAMSCRIPTION 1 MR. BRADLEY: I agree that the answer is not a o waiver. 3 MR. FEATHERSTONE. All right. Let me hear the 4 question again. c; Q. (by Mr. Bradley) The question was, did anyone 6 tell you when he died? 7 MR. FEATHERSTONE: You can answer that yes or 8 9 A. No. They did not tell me when he died 10 Q. (by Hr. Bradley) Viere you told how he died? 11 MR. FEATHERSTONE: You can answer that yes or 12 13 A. No. 14 Q. (by Mr. Bradley) Were you told where ;he died 15 MR. FEATHERSTONE: You can answer that yes or 16 no. 17 A. NO. 18 Q, (by Mr. Bradley) I'mgoing to showyou 19 Plaintiff's Exhibit 1137. Is this a document you have seen 20 before? 21 MR. FEATHERSTONE: Have you seen it before? 22 A. No, I have not. 23 Q. (by Mr. Bradley) Doyou knowwhether Monsanto 24 paid for the criminal defense of Paul Wright in his 25 criminal prosecution for fraud in the case of the United - 11 CONCANNON & JAEGER 8> COMPUTER AIDED TRANSCRIPTION 1 States versus Kevin Urdahl, prosecuted in the United States 2 District Court of Illinois? 3 A. As I understand it from reviewing the records 4 and talking to people at Monsanto1s law department, verify 5 ing through our payroll systems and payment systems. Dr. 6 Wright's legal fees were paid up through April 9th of 1984. 7 Q. And what were his legal fees that were paid by 3 Monsanto? 9 HR. PEATHERSTONE: What do you mean, "What 10 were his legal fees"? 11 MR. BRADLEY: What was the amount of money 12 that Monsanto paid for Dr. Wright's legal defense relating 13 to the -- i'll ask it better, but that's what I'm getting 14 at. 15 MR. PEATHERSTONE: That's beyond the scope as 16 permitted by the Magistrate's order. 17 MR. BRADLEY: The Magistrate's order says that 18 we are prohibited from seeking information relating to 19 Monsanto's decision to pay for the criminal defense of Mr. 20 Wright. All other objections to this Notice are overruled, 21 so the decision I'm restricted from, but the amount I'm 22 not. 23 HR. PEATHERSTONE: Well, it's your Notice, so 24 ask for somebody to testify about the amount. 25 If you take a look the two paragraphs in the - 12 CONCANNON & JAEGER b COMPUTER AIDED TRANSCRIPTION 1 Rule 30(b)6 Notice, you will see that one relates to the 2 decision to pay for the defense, and the second relates to J the decision to make any payments since the criminal prose 4 cution. 5 HR. BRADLEY: Viell, you have a choice: We can 6 come back and do it again, or you can let me ask it. You 7 can have a continuing objection to it. 8 MR. FEATHERSTONE: Well, I think that what I 9 would like to do, since you1ve drafted the Notice and I 10 objected to it and it*s been tendered to the Magistrate in 11 the form in which the Notice was served upon us, is, you 12 can ask your questions and establish a record as to what 13 areas I will not allow this witness to respond to, and then 14 you can take it up or not take it up as you see fit. How1s 15 that? 16 MR. BRADLEY: That1S fine. 17 What amount of money did Monsanto pay for the 18 criminal defense of Paul L. Wright in the criminal prosecu 19 tion regarding the case, the United States versus Kevin 20 Urdahl, prosecuted in the United States District Court in 21 Illinois? 22 MR. FEATHERSTONE: You* re instructed not to 23 answer that question. The reason is because this question 24 is beyond the permissible scope of the Rule 30(b)6 Notice. 25 Q. (by Mr. Bradley) Okay. To whom did Monsanto - 13 - CONCAHNON JAEGER <3 COMPUTER AIDED TRANSCRIPTION 1 make payment for Dr. Viright* s criminal defense? n MR. FEATHERSTONE: Well, without waiving my 3 position on the last question, you can answer that ques 4 tion. 5 A. Based upon my review of the records and 6 payments systems, to Wilmer, Cutler & Pickering Law Firm. 7 Q. (by Mr. Bradley) And over what period of time 8 did Monsanto make payments to that law firm for the 9 criminal defense of Paul Wright in his criminal prosecution 10 involving the case of the United States versus Kevin 11 Urdahl? 12 MR. FEATHERSTONE: You may answer that ques 13 tion insofar as giving counsel the last date for -- the 14 date of the last services paid to Wilmer, Cutler that 15 Monsanto paid. 16 A. The last date that I have seen is April. A 17 payment was made through April 9th, 1984. The last -- 18 That1s the last date I had. 19 Q. (by Mr. Bradley) And when was the first pay 20 ment made for the criminal defense of Dr. Wright for fraud 21 in the case of the United States versus Kevin Urdahl? 22 MR. FEATHERSTONE: You1re instructed not to 23 answer that question. That question is beyond the 24 permissible scope of Rule 30(b)6. 25 Q. (by Mr. Bradley) I'm going to show you - 14 CONCANNON & JAEGER COMPUTER AIDED TRAMSCRIPTIOH 1 Deposition Exhibit 1677- Is that a document you've seen n before? 3 MR- FEATHERSTONE: The question is whether 4 that is a document you have seen before. 5 A. No. I have not seen this document before. 6 Q. (by Mr. Bradley) Did you review any records 7 relating to the payment for the criminal defense of Paul 8 Wright in his criminal prosecution for fraud in the case of 9 the United States versus Kevin Urdahl? 10 MR. FEATHERSTONE: You may answer that ques 11 tion. 12 A. Yes, I did. 13 Q. (by Mr. Bradley) In the material that you 14 reviev/ed, did you review statements from Wilmer, Cutler & 15 Pickering regarding their representation of Paul Wright in 16 that case? 17 MR. FEATHERSTONE: You may answer that ques 18 tion. 19 A. Yes. 20 Q. (by Mr. Bradley) And do you know whether 21 Plaintiff's Exhibit 1677 is within the file of records that 22 you reviewed regarding Paul Wright? 23 HR. FEATHERSTONE: Well, you've assumed some 24 thing he hasn't said, which is that he reviev/ed a file of 25 records. - 15 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 For your benefit, Mr. Bradley, at myj request i 2 he was instructed to ascertain the date of the last payment i l 3 -- or the last statement that was paid from Wilmer, Cutler, 4 and that1s what he did. I think there* s an April 9 state 5 ment that* s been referred to, so he saw that statement, but 6 he was not asked to and was not instructed to and was not 7 furnished with any file statements from V/ilmer, Cutler. 8 MR. BRADLEY: Did he get the material from 9 your office? 10 HR. FEATHERSTONE: He did not get it from my 11 office. 12 MR. BRADLEY: Did you -- Did he get a file 13 from another attorney as opposed to going and reviewing a 14 file within Monsanto? 15 HR. FEATHERSTONE: He was provided with 16 materials through the lav/ department and then was asked to 17 verify that the April 9th statement was in fact the last 18 statement that was authorised for payment and that in fact 19 was paid. 20 Q. (by Mr. Bradley) All right. And is -- Let me 21 ask you the question, as part of your review of documents 22 to determine whether the April, 184 payment was the last 23 payment, did you review invoices submitted by T-Jilmer, 24 Cutler & Pickering that pre-existed the April of *84 25 invoice? - 16 - CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 MR. FEATHERSTOME: You may answer that 2 question. 3 A. I reviewed two statements: One statement was 4 from Wilmer, Pickering & Cutler. I don't recall the exact 5 date of that statement? I believe it was in 1984. The 6 other statement that I saw was the last statement from that 7 law firm? it was dated April 9th, 1984. I then have inde 8 pendently verified that that was in fact -- that invoice 9 was in fact paid by Monsanto. 10 Q. (by Mr. Bradley) And how did you make that 11 independent determination? 12 A. I went to the accounting director for Monsanto 13 who has access to our payable system, and that person in 14 fact verified that the payment had been made on that state 15 ment. 16 Q. And did you review the documents within the 17 accounting department that indicated that statement had 18 been paid? 19 A. Yes, I did. 20 Q. Who is the manager of the accounting depart 21 ment, or -- Excuse me. Who is the person within the 22 accounting department with whom you spoke? 23 MR. FEATHERSTONE: Go ahead. 24 A. The person with whom I spoke was Donald Dent, 25 D-e-n-t. - 17 CONCANNON JAEGER J COMPUTER AIDED TRANSCRIPTION 1 Q. (by Mr. Bradley) I'm not a hundred percent 2 certain I asked this question of you. 3 Weil, let's go off the record for a moment. 4 (Thereupon, a short colloquy was had.) 5 Q. (by Mr. Bradley) I'm now going to hand you 6 Plaintiff's Exhibit 1676. Is that a document that you have t 7 seen before? 8 MR. FEATHERSTOME: Yes or no. Q A. No. 10 Q. (by I-Ir. Bradley) Do you know whether that's a 11 document that existed within the file of materials provided 12 to you regarding Paul Wright? 13 MR. FEATHERSTONE: You're assuming something 14 that has not been established, that he looked at a file of 15 materials. 16 Q. (by Mr. Bradley) Letme ask it this way: Do 17 you know whether that exhibitwas part of the material that 18 you reviewed in preparation for today's deposition? 19 A. I don't remember. I don't recall. 20 Q . Okay. 21 A. I don't recall seeing that document. 22 Q. I'm going to show you Plaintiff's Exhibit 23 1678. Is that a document that you have seen before? 24 A. I don* t recall seeing this document. 25 Q. I'm going to show -- I'm going to shov; you - 18 CONCANNON JAEGER COMPUTER AIDED TRANSCRIPTIOK 1 Plaintiffs Exhibit 1679 and ask you if you have seen that o4 documenfc before. 3 A. I don't recall seeing that document. 4 Q. I'm now showing you Plaintiff's Exhibit 1680 . 5 Have you seen that document before? 6 A. Yes, I have seen this document. 7 Q. Where did you see that document? B A. At Monsanto. 9 Q. And what is that document? 10 A. It's a letter from Robert Berendt, who is in 11 Monsanto's law department, to Mr. James Robertson regarding 12 Monsanto paying fees for representing Paul Wright through 13 April 9th, 1984. 14 Q. And is that a true and accurate copy of the 15 document that you reviewed? 16 A. Yes, it is. 17 Q. And was the document that you reviewed main 18 tained by Monsanto within its file systems as part of its 19 regularly-conducted business activities? 20 A. I didn't know where the document was kept. 21 MR. FEATHERSTONE: We'll stipulate that that 22 is the case. 23 Q. (by Mr. Bradley) I'm showing you Plaintiff's 24 Exhibit 1681. Have you seen 1681 before? 25 A. Mo, I have not. - 19 CONCANNON & JAEGER  COMPUTER AIDED TRANSCRIPTION 1 Q. Has Monsanto made any payments for the benefit 2 of Paul Wright since his criminal prosecution or conviction 3 for fraud? 4 A. Has Monsanto made any payments after April 3 9th, 1984? I'm not sure I understand your question. 6 Q. Has Monsanto -- Do you know whether Paul 7 Wright was convicted of the crime in the case of the United 8 States versus Kevin Urdahl, prosecuted in the United States 9 District Court for Illinois? 10 A. No, I do not. 11 Q. So you wouldn*t know whether Monsanto made 12 payments to Dr. Wright following any criminal conviction 13 since you don* t know when he was convicted. 14 MR. FEATHERSTONE: Well, he* s been instructed 15 as to a date. 16 MR. BRADLEY: I'm asking what his personal 17 knowledge is, since.he1s been brought here as the person 18 most knowledgeable about payments made to Dr. Paul L. 19 Wright, since his criminal prosecution, not a date that was 20 supplied to him by someone else. 21 MR. FEATHERSTONE: If you put the question in 22 the correct way, Mr. Bradley, you'll get one answer, and if 23 you put it the other way, which requires him to speculate 24 as to the date, when he wasn't involved in that case, then 25 you may get another answer, but that's up to you. - 20 CONCANNON & JAEGER I COMPUTER AIDED TRANSCRIPTION 1 .MR. BRADLEY; I'm not certain I got an answer 2 to ray question. 3 A. Okay. 4 Q. (by Mr. Bradley) You wouldn1t know, then, 5 whether Monsanto has made payments to -- or for the benefit 6 of Paul Wright since his criminal conviction for fraud 7 since you don't know the date that he was criminally 8 convicted for fraud. Is that fair to say? 9 A. Do you mean April 9th, 1904? Is that the 10 date? Is that the date you're inquiring about? 11 Q, What I'm inquiring about is the date of his 12 criminal conviction for fraud in the case of the United 13 States versus Kepplinger. You don't know if it's April or 14 '84 or April of *83, or you just don't know, do you? 15 A. All I know is the post trail conviction or 16 post trial appeal ended approximately April 9th, 1984, and 17 what I do know is that there has been -- or Dr. Wright was 18 terminated from Monsanto on February 29th, 1984. At that 19 time he received one month's severance pay, he received 20 thirty-three and a third days of vacation pay, and those 21 are standard benefits. As a matter of fact, he received 22 less severance pay than the normal formula will allow. 23 Q. Why was that? 24 A. I do not know why. That's what the record 25 reflects. - 21 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 Q. Okay. 2 A. I do know that since February 29th, 1984, 3 there have been no payments to Dr, Paul L. Wright through 4 our corporate pay abl e sy stera. 5 Q. Have there been payments made for the benefits 6 of Paul Wright since his criminal prosecution? 7 A. The only payments that I know of were the 3 payments for his legal fees to Wilmer, Pickering & Cutler 9 in 1984, one was April 20th, 1984, and the other is July 10 20th, 1984, Other than that, Mr, -- or Dr. Wright received 11 no pension benefits from Monsanto. Although he was 12 eligible to, he did not elect to receive benefits, and is 13 not receiving benefits right now, nor is his estate 14 eligible for any benefits. 15 Q. What was the rationale for Monsanto paying 16 Paul Wright* s criminal defense in the case of the United 17 States versus Kepplinger. 18 MR. FEATHERSTONE: Instruct him not to answer 19 the question. Beyond the scope. 20 Q. (by Hr. Bradley) What were the reasons 21 Monsanto had when it deemed that it would pay for Paul 22 Wright's criminal defense in the case of the United States 23 versus Kepplinger. 24 MR. FEATHERSTONE; Obj ect. 25 Q. (by Mr. Bradley) What were the motives of - 22 CONCANNON & JAEGER 9 COMPUTER AIDED TRANSCRIPTION 1 Monsanto in paying for Dr. Paul Wright's criminal defense 2 in the case of the United States versus Kepplinger. 3 MR. FEATHERSTONE: Same instruction and same 4 obj ection. 5 Q. 1 (by Mr. Bradley) Were payments made to 6 Wilmer, Cutler & Pickering for both Paul Wright and 7 Monsanto* s defense? 8 MR. FEATHERSTOME: Instruct him not to answer 9 that question. 10 MR. BRADLEY: On what grounds? 11 MR. PEATKERSTONE: Same basis. 12 MR. BRADLEY: Okay. 13 MR. FEATHERSTONE: Object to the form of the 1 4 question. 15 Q. (by Mr, Bradley) Are there records of pay- i 16 raents to former Monsanto employees that would not be within 17 the accounting department -- Let me replace the question. 18 Are there ever payments made by Monsanto to former 19 employees that would not be found in general personnel 20 files? 21 A. Yes. 22 Q. Are there ever payments made to former 23 Monsanto employees that are not either in a personnel file 24 or a pension file? 25 A. Yes. - 23 CONCANNON & JAEGER 9 COMPUTER AIDED TRANSCRIPTION 1 Q. Where would records of those payments be? 2 A, In the corporate accounts payable file. 3 Q. Did you review the corporate accounts payable 4 file to determine what deposition testimony you should give 5 today as the person nominated by Monsanto to respond to 6 this Rule 30(b)6 deposition notice? 7 A. Yes, I did. 8 Q. And what did you determine? 9 A. I determined that from February 9th, 1984 10 through today*s date, there have been no payments to Dr. 11 Paul Wright, Dr. Paul L. Wright, Paul Wright, Wright, Paul. 12 Q. And you called these records corporate what? 13 A. The corporate accounts payable records. 14 Q. What are corporate accounts payable records? 15 A. Those are records of Monsanto1s payments to 16 customers, suppliers - anyone that Monsanto owes money to. 17 MR. BRADLEY: I have nothing further. 18 19 20 JAMES NcNICHOLS 21 Subscribed and sworn to before me this _________ day 22 or _ , A. D. , 1993. 23 MY COMMISSION EXPIRES _________________ . 24 25 Notary Public, within and for the State of Missouri CONCANNON & JAEGER  COMPUTER AIDED TRANSCRIPTION 1 STATE OF MISSOURI ) ) ss 2 COUNTY OF ST. LOUIS ) 3 I, Mark D. Concannon, a Notary Public within and for 4 the State of Missouri, duly commissioned, qualified and 5 authorised to administer oaths and to take and certify to 6 depositions, do hereby certify that pursuant to Notice in 7 the civil cause now pending and undetermined in the 8 District Court of the United States, within and for the 9 District of Nevada, entitled NEVADA PONER COMPANY, Plain 10 tiff, -vs- MONSANTO COMPANY, et al., Defendants, to be used 11 in the trial of said cause in said Court, I was attended at 12 the law offices of Messrs. Kusch Eppenberger, 100 M. 13 Broadway, in the City of St. Louis, State of Missouri, by 14 Ralph A. Bradley and Richard Hinckley, attorneys for the 15 Plaintiff; by Bruce A. Feather stone, attorney for the 16 Defendant, Monsanto; by Laurie Basch, attorney for the 17 Defendant, Westinghouse; and by JAMES flcNICHOLS, the 18 witness, in said office on April 1, 19S3. 19 The said witness, JAMES McNiCKOLS, being of sound 20 mind and being by me first carefully examined and duly 21 cautioned and sworn to testify the truth, the whole truth 22 and nothing but the truth in the case aforesaid, thereupon 23 testified as is shown in the foregoing transcript, said 24 testimony being by me reported in shorthand and caused to 25 be transcribed into typewriting, and that the foregoing - 25 CONCANNON JAEGER i COMPUTER AIDED TRAU SCRIPTION 1 pages correctly set out the testimony of the aforementioned 2 witness, JAMES McNICHOLS, together with the questions 3 propounded by counsel and the remarks and objections of 4 counsel thereto, and is in all respects a full, true and 5 complete transcript of the questions propounded to and the 6 answers given by said witness? and that said testimony, so 7 transcribed, was subscribed to by the witness on the ______ 8 day o f ___________________ , A. D. , 1993 . 9 I FURTHER CERTIFY chat I am not of counsel nor 10 attorney for any of the parties to said suit, nor related, 11 nor interested in any of the parties or their attorneys. 12 WITNESS MY HAND and Notarial Seal, given this 13 ______day of _______________ , A. D. , 1993, at St. Louis, 14 M i s s o u r i . 15 MY COMMISSION EXPIRES MARCH 21, 1994. 16 17 18 MARK D . CON CANNON, 19 Notary Public, within and for the State of Missouri 20 21 22 23 24 25 - 26 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 2 O Concannon and Jaeger General Court Reporters 4 705 Olive Street, Ste. 604 St, Louis, Missouri 63101 5 Hay 3, 1993 6 7 B James HcNichols 9 1503 Ploma Drive Manchester, Missouri 63021 10 Re: Nevada Power Vs. Monsanto 11 Dear Hr. McNichols: 12 This letter, incorporated as the last page of your 13 deposition, taken on April 1, 1993, will serve as notice to you that your testimony is now ready for your reading and 14 signing of same. 15 I would appreciate your contacting my office by calling (314) 421-1000 within the next thirty days so that 16 arrangements can be made to accomplish this before your deposition must be filed in Court. 17 Thank you for your cooperation in this regard. 18 Sincerely, 19 20 21 MARK D. CONCANNON 22 MDC:mk 23 24 25 - 27 - CONCANNON JAEGER COMPUTER AIDED TRANSCRIPTION 1 JAMES HcNICHOLS 2 3 - DEPOSITION CORRECTION SHEET - 4 In Re: NEVADA POWER Vs. MONSANTO 5 Upon reading his deposition transcript and before subscrib ing thereto, the deponent indicated the following: 6 7 Page Line should read: 8 Reason assigned for change: 9 Page Line should read: 10 Reason assigned for change: 11 Page Line should read: 12 Reason assigned for change: 13 Page Line should read: 14 Reason assigned for change: 15 Page Line should read: 16 Reason assigned for change; 17 Page Line should read: 18 Reason assigned for change; 19 Page Line should read: 20 Reason assigned for change: 21 Page Line should read: 22 Reason assigned for change; 23 Page Line should read: 24 25 JAMES HcNICHOLS - 28 - CONCANNON & JAEGER Elizabeth H. Dressel To Call Writer Direct: 303 291-3026 KIRKLAND 8. ELLIS A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 1999 Broadway Denver, Colorado 80202 303 291-3000 May 28, 1993 Facsimile: 303 291-3300 Via Federal Express - Economy Mr. John Concannon Concannon & Jaeger General Court Reporters 705 Olive Street, Suite 604 St. Louis, MO 63101 Re: Nevada Power Company v. Monsanto, et. al. Dear John Enclosed is the original signature page for James McNichols whose deposition was taken on April 1, 1993 in the above referenced case. Mr. McNichols did not make any corrections to his transcript. Very truly yours Elizabeth H. Dressel Legal Assistant to Bruce A. Featherstone EHD/mc Enclosure TEM PLTR. EHD cc: Bruce A. Featherstone, Esq. (w/o end.) Timothy Peck, Esq. (w/o end.) Joey Niblock (w/o end.) Chicago Los Angeles New York Washington D.C.