Document 5DR2wpw10KXOjdQ872OydEkrN

M:' Q Asbestos litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS Page 1 ALL ASBESTOS LITIGATION FILED BY THE SIMMONS FIRM, L.L.C., Plaintiffs, vs. GEORGIA-PACIFIC, et al., Defendants. 10 11 12 VIDEO DEPOSITION OF C. WILLIAM LEHNERT . 13 DATE: October 3, 2001 14 TIME: 10:49 A.M. to 2:22 P.M. 15 LOCATION: Sanibel Harbour Resort 16 17260 Harbour Pointe Drive Fort Myers, Florida 17 TAKEN BY: Counsel for Defendant 18 Georgia-Pacific Corporation 19 BEFORE: Sheryl L. Akerley, RMR Notary Public 20 State of Florida at Large. 21 22 23 (P(i D) 24 25 800-333-2082 l> Ii ' t' Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 0 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et ai. C William Lehnert ' 10/3/2001 . .. Page 2 i' APPEARANCES: ' . 2 On Behalf of the Plaintiffs: 3. The Simmons Firm, L.L.C. . Randall A. Bono, Esquire 4 William A. Kohlburn, Esquire . 301 Evans Avenue . . 5 Wood River, Illinois 62095 (618) 251-2222 6 - '"N ,' ' On Behalf of the Defendant. Georgia-Pacific Corporation: . 7, Nelson Mullins Riley & Scarborough, L.L.P. 8, Julia Bennett Jagger, Esquire First Union Plaza,' Suite 1400 9 999 Peachtree Street, N,E, . Atlanta, Georgia 30309 . 10. (404) 817-6287 . 11 * Johnson Tomlin & Johnson Virginia Easley Johnson, Esquire 12 4770 Biscayne Boulevard, Suite 1030 Miami, Florida 33137-3251 13 ' (305) 438-9899 14 Burroughs Hepler Broom MacDonald Hebrank & True . , Jeffrey S. Hebrank, Esquire . 15, 103 W. Vandalia, Suite 300 . Edwardsville, Illinois 62025 16 (618) 656-0184 17 On Behalf of the Defendant USX Corporation: . 18 Winderweedle, Haines, Ward & Woodman, P.A. ' Robert P. Major, Esquire 19 1500 NationsBank Center 390 North Orange Avenue 20 Orlando, Florida 32801 . . (407) 246-8661 ' , ' 21. ' On Behalf of the Defendants Union Carbide 22 Corporation and Certain-Teed: `. 23 ; . Heyl Royster Voelker & Allen ' Kent L. Plotner, Esquire 24 Mark Twain Plaza II, Suite 100 ` 103 West Vandalia *'' . 25 Edwardsville, Illinois 62025 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherton Deposition Services (704) 333-9889 Fax (704) 3724593 Ii Asbestos Litigation Filed The Simmons Firm vs CA-Paciflc, et al. C. William Lehncrt 10/3/2001 Page 3 1 APPEARANCES (Cont'd.) . 2 On Behalf of the Defendant Onion Carbide: 3 Foley & Lardner . Trevor J. Will, Esquire 4 Firstar Center . . . 777 East Wisconsin Avenue 5 Milwaukee, Wisconsin 53202-5367 (414) 297-5536 6 On Behalf of the Defendant Scapa Dryer Fabrics: 7 Hawkins & Parnell, LLP . 8 S. Christopher Collier, Esquire 4000 Suntrust Plaza 9 303 Peachtree Street, N.E. Atlanta, Georgia 30308-3243 10 (404) 614-7400 11 On Behalf of the Defendant Certain-Teed: 12 Shea & Gardner Elizabeth R. Geise, Esquire 13 1800 Massachusetts Avenue, N.W. Washington, D.C. 20036 14 (202) 828-2177 15 On Behalf of the Defendant Mt. Vernon Mills, Inc.: 16 Kasowitz, Benson, Torres & Friedman, LLP Jason C. Odom, Esquire 17 1360 Peachtree Street, N.E., Suite 1150 . Atlanta, Georgia 30309 18 (404) 260-6080 19 On Behalf of the Defendant 3M Corporation: 20 Richman Greer Weil Brumbaugh Mirabito & Christensen ' 21 Mark A. Romance, Esquire One Clearlake Centre, Suite 1504 22 250 Australian Avenue South West Palm Beach, Florida 33401-5016 23 (561) 803-3500 24 25 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 i Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et aL C. William Lehnert o 1 APPEARANCES (Cont'd.) 2 On Behalf of the Defendants Sears Roebuck & Company and Congoleum Corporation: 3 4 5 6 7 8 9' 10 11 ' 12 13 14 15 16 Kurowski & Bailey, P.C. Curtis R. Bailey, Esquire 24 Bronze Pointe Swansea, Illinois 62226 (618) 277-5500 .. On Behalf of the Defendant ACandS: . Bice, Cole, Glenny, et ,al. Gary L, Sanders, Esquire 1333 S.E. 25 Loop Ocala, Florida 34478 (352) 732-2255 On Behalf of the Defendant John Crane: Daniel J. O'Connell & Associates James M. Walsh, Esquire 217 N. McLean Elgin, Illinois 60123 (847) 741-4603 . Also Present: Joe Pitcher, Videographer 17 . INDEX OF EXAMINATION 18 By Ms. Jagger - Pages 8, 107 19 By Mr. Bono - Pages 43, 108, 112 By Mr. Kohlburn - Page 60 20 By Mr. Will - Page 79 By Ms. Geise - Pages 100, 110 21 22 . DEFENDANT GEORGIA-PACIFIC EXHIBITS 23 Composite A - 123 pages of formulas 24 B - Asbestos-containing formulas PAGE 18 24 10/3/2001 Page 4 a 800-333-2082 r ! 1 i ,i m Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9809 Fax (704) 372-4593 1 2 3 4 5 6 7 8 9 10 11 12 13 14* 15 16 17 . 18 19 20 21 22 23 24 ' 25 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 5 THE VIDEOGRAPHER: My name is Joe Pitcher, videographer. Today's date is October 3rd, 2001. The time is 10:49 a.m. This is the video deposition of C. William Lehnert being held at Sanibel Harbour Resort, 17260 Harbour Pointe Drive, Fort Myers, Florida in the case of All Asbestos Litigation filed by The Simmons Firm, LLC versus A.P. Green Industries, Incorporated, et al., defendants, The court reporter is Sherie Akerley. Do you all want to state your names for the record? . MR. BONO: And who they represent, please. THE VIDEOGRAPHER: And who you represent. And do you want to start right here at the corner right here? MR. MAJOR: Robert Major, USX Corporation. MR. BONO: Randall Bono, plaintiffs. MR, KOHLBURN: William Kohlburn, plaintiffs. MS. JAGGER: Julie jagger, Georgia-Pacific. MR. HEBRANK: Jeff Hebrank, Georgia-Pacific. MR. COLLIER: Chris Collier, Scapa. MR. ODOM: Jason Odom, Mt. Vernon Mills. MR. WALSH: James Walsh, John Crane. , . MS. GEISE; Elizabeth Geise, Certain-Teed Corporation. 800-333-2082 RfiportedBy:SherylL.Akeriy,IlMR Spherlon Deposition Services (704) 333-9809 Fax (704) 372-4503 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert ~ _ -: 10/3/2001 --' L Page 6 1 MR. PLOTNER: Kent Plotner, Certain-Teed 2 Corporation and Union Carbide Corporation. 3 . MR. WILL: Trevor Will, Union Carbide 4 Corporation. 5 MR. ROMANCE: Mark Romance, 3M. 6 MS. JOHNSON: Virginia Johnson, 7 Georgia-Pacific. 8 MR. BAILEY: Curtis Bailey, Sears Roebuck & 8 9 Company and Congoleum Corporation. 10 MR. SANDERS: Gary Sanders, ACandS. 11 THE VXDEOGRAPHER: The court reporter may 12 swear in the witness. 13 MR, BONO: Before we do, first I want to put 14 on the record that we are cancelling the discovery 15 deposition that was to precede the evidence 16 deposition. " 17 (Witness sworn.) 18 MS. GEISE: - Can I ask about stipulations for 19 objections before we start? 1 20 MS. JAGGER: Yes. We may want to swear him 1 21 again and make some general statements. This B 22 deposition is being taken pursuant to Notice filed 23 by counsel for plaintiffs and cross noticed by 24 Georgia-Pacific Corporation. By agreement of all 25 counsel, the deposition is limited in scope to the V' ; 800-333*2082 Reported By:SherylL. Akerley, RMR Spherion Deposition Sendees (704) 333-9880 Fax (704)372-4893 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lehnert ' 10/3/2001 ------------------------------------ -------------- ---------------- -T--------------------------;--------- 1 Page 7 1 following issues. First, the. use of Union Carbide 2 SG-210 asbestos in Georgia-Pacific products. 3 Second, authentication, of Georgia-Pacific 4 product formulas containing Union Carbide SG-210 5 asbestos. These formulas were given to 6 Georgia-Pacific, Certain-Teed and Union Carbide 7 counsel by plaintiffs' counsel in advance of the. 8 deposition. 9 And third, limiting -- limited questioning 10 regarding the relationship between Bestwall Gypsum 11 Company and Certain-Teed Corporation. 12 MR. BONO: One clarification. Although we 13 gave you the formulas, those were formulas that you 14 gave us in discovery. 15 MS. JAGGER: Correct. The formulas are from 16 the files and records of Georgia-Pacific 17 Corporation, and that will be established through 18 the witness, but I just wanted it to be clear that 19 these formulas are not being seen by the attorneys 20 here for the first time, they were distributed by I 21 plaintiffs' counsel in advance of the deposition. I 22 MR. BONO: And also it should be pointed out 23 that the videographer, although he mentioned this is 24 for The Simmons Firm, this is in the Circuit Court 25 of the Third Judicial Circuit, Madison County 800-333-2082 Reported By: Sheryl L. Akerley, RMR..................... Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclfic, et al. C. William Lehnert 10/3/2001 Page 8 1 Illinois/ although it doesn't have a case number to 2 it. 3 MR. PLOTNER; And Randy, can we stipulate . 4 that an objection by one is an objection for all? 5 MR. BONO: No. 6 - MR. PLOTNER: No? State your objections? 7 MR. BONO: State your objections. 8 MS. GEISE: Everything but form of the 9 . question reserved? 10 MR. BONO: No. 11 MS. JAGGER: Does anyone object if we have 12 Mr. Lehnert sworn in again so that we have a -- 13 MR. BONO: No. , 14 MS. JAGGER: -- a nice record for the video? 15 MR. BONO: Do we unswear him when the 16 deposition's over so we can get him back to normal 17 . life? 18 C. WILLIAM LEHNERT, 19 called as a witness by the Defendant Georgia-Pacific 20 Corporation, having been first duly sworn, as hereinafter 21 certified, was deposed and said as follows: 22 EXAMINATION 23 BY MS. JAGGER: 24 Q Good morning, Mr. Lehnert. Could you state 25 your full name for the Court and jury, please? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et a). C. William Lehnert 10/3/2001 . Page 9 1 A Charles William Lehnert. I go by Bill. 2 Q Okay. Mr. Lehnert, as you know, I'm Julie 3> Jagger and X represent Georgia-Pacific Corporation. I'm 4 going to be asking you some questions this morning, and 5 then there will be some other attorneys who will ask you 6 some questions as well. 7 Can you tell us first, please, if you are 8 appearing here today voluntarily at the request of 9 Georgia-Pacific Corporation? 10 A Yes. ' 11 Q Okay. Were you aware prior to the deposition 12 that the questions today would be primarily limited to 13 matters relating to the use of Union Carbide SG-210 14 asbes tos in Georgia-Pacific products? 15 A Yes. 16 Q Mr. Lehnert, how old are you? 17 A Seventy-three. 18 Q And where do you live? 19 A I live at 14111 Mystic, M-Y-S-T-I-C, Seaport 20 Way,' Fort Myers, Florida 33919. 21 Q . Are you retired? 22 A Yes. 23 Q When' did you retire? 24 A In August of 1990. `vl 25 J Q Have you lived-in the Fort Myers, Florida nnnMMMMnmBnnBBBHaBaaaannBHnMnaBnBnnannM 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherton Deposition Services (704)333-9889 Fax (704) 372-4593 tI o \ ,r Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert . 10/3/2001 1 area since your retirement? Page 10 2 A Yes. 3 Q Okay. From what company did you retire? 4 A Georgia-Pacific Corporation. 5 Q Since your retirement in 1990, have you done 6 consulting work for Georgia-Pacific? 7 A Yes. . 8 Q Can you tell the jury what types of 9 consulting work you have done for Georgia-Pacific? 10 A Yes. I have testified in litigations such as 11 I'm doing right now. I have testified in some trials, 12 and I have provided other technical assistance to 13 Georgia-Pacific when they have asked. ' 14 Q Has all of your consulting work related to 15 asbestos matters? 16 A No. 17 Q What other types of matters do you consult 18 for Georgia-Pacific on? 19 A They call me from time to time to ask 20 questions about different products based on the fact that 21 I have a background in the technical aspects of the 22 business. I have also gone to the research laboratory 23 and collated some documents for them. One particular 24 case it was on water resistant gypsum board. And I have 25 testified in a patent infringement case. 800-333-2082 t Reported By: Sheryl L. Akeriey, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et ai. . C. William Lehnert 10/3/2001 Page 11 1 Q Okay. Why were you asked to maintain a 2 consulting role for Georgia-Pacific when you retired? 3 A I was involved in the technical part of the 4 gypsum business for my entire career, and when I retired 5 I was the manager of the Product Development & Technical 6 Service Department and had held that title for some 7 number of years. 8 Q Did you attend college, Mr. Lehnert? 9 A Yes. 10 Q Where did you attend college.and during what 11 years? 12 A Let's see. 1945 I got some college in an . 13 Army specialized training program that was held in 14 Virginia Polytechnic Institute. They just call it 15 Virginia Tech now. And X went to Georgia -- went to 16 Grove City College, and also to Pitt some summers, and 17 graduated from Grove City in 1950. . 18 Q Okay. With a degree in what subject? 19 A Bachelor of Science degree in -- major in 20 chemical engineering. 21 Q Okay. Can you tell the jury where you were 22 employed in 1951? ' 23 A I was employed by Certain-Teed Products : 24 Corporation. ' 25 Q What was your job title? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Sphcrion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lebnert 10/3/2001 1 A Chemist. Page 12 2 Q How long were you employed by Certain-Teed 3 Products Corporation? 4 A Until May of 1956. 5 Q Throughout that time of 1951 until May of 6 1956, were you always a chemist? 7 A Yes. 8 Q Okay. Who was your boss at Certain-Teed? 9 A Originally it was Gilbert Hoggatt, 10 H-O-G-G-A-T-T. 11 Q. And then did you have another boss 12 subsequently at Certain-Teed? 13 A Yes. 14 Q And who wasthat? 15 A Clarence Shuttleworth. 16 Q Okay. Are either Mr.. Hoggatt or 17 Mr. Shuttleworth alive today? 18 A No. 19 Q During the years that you worked for 20 Certain-Teed Products Corporation did you do any work 21 with joint system compounds? 22 A Yes. 23 Q ' And before we get into that, could you just 24 explain generally to the jury what joint system compounds 25 are? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 13 1 A Joint system compounds are products that are 2 used to tape and finish the joints on gypsum wallboard. 3 They are also used to conceal the dimpled nail heads, and 4 to cover the corner beads in gypsum wallboard 5 construction. 6 Q Okay. When you were employed by Certain-Teed 7 Products Corporation, what work did you do that involved 8 joint system compounds? 9 A I was asked to assume the responsibility for 10 the formulation of joint system compounds. 11 Q. Did those joint system compounds contain 12 asbestos? 13 A Yes. 14 Q What was the purpose of asbestos in the 15 products? 16 A The asbestos would absorb a lot of water 17 which enabled the product to be able to be handled and 18 applied more easily than if the asbestos had not been 19 present. 20 Q Now, in May of 1956 by whom did you become 21 employed? 22 A Bestwall Gypsum Company. 23 Q How did that come about? 24' A Certain-Teed spun off the Gypsum Division and 25 called it Bestwall Gypsum Company. 800-333-2082 Reported By: Sheryl L. Akertey, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et aL C. WUliam Lehnert 10/3/2001 l Page 14 1 Q Okay. Were you still a chemist at the time 2 that you began employment with Bestwall Gypsum Company in 3 May of 1956? 4 A Yes. 5 Q Was Mr. Shuttleworth still your boss at that 6 time? 7 A Yes. 8 Q Okay. And how long were you employed by 9 Bestwall Gypsum Company? 10 A From 1956 to 1965. 11 Q Okay. During your years at Bestwall, did you .. ' .. .. 12 have any changes in your job title? 13 A Yes. 14 Q Okay. What change and when did that occur? 15 A In 1960 a small research group was formed and 16 I was appointed the working group leader. 17- Q Okay. During your years with Bestwall Gypsum 18 Company were you still doing work on joint compound 19 products? . ' 20 A Yes. 21 Q Okay. As a group leader beginning in 1960, - 22 were you involved in the development of any new joint 23 compound products? { 24 A Yes. ' j 25 Q What products? . 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 o Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 1 A Ready Mix joint compound. r Page 15 . 2 Q Gan you explain how Ready Mix joint compound 3 differed from the joint compounds that had existed 4 previously? 5 A The previous joint compounds were dry and 6 they were furnished in a bag, and Ready Mix was, as the 7 name indicates, mixed with water. It was a paste-type . 8 product and it was sold in a pail, later in a carton. j 9 Q Who had responsibility for the development of . 10 Bestwall Ready Mix joint compound? 11 A I had that responsibility as the leader of 12 that research group. . 13 Q When did Bestwall Ready Mix joint compound go wI 14 on to the market? 15 A I believe it was around 1965, 16 Q Did the joint compound products of Bestwall 17 between 1956 and 1965 contain asbestos? 18 A Between 1950 -- 19 Q 1956 and 1965. 20 A Yes. 21 Q Okay, By whom did youbecome employed in 22 1965? 23 -A Georgia-Pacific Corporation. 24 Q Were you employed byanyparticular group or 25 division at Georgia-Pacific? 800-333-2082 I Reported By: Sheryl 1- Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 o Asbestos Litigation Filed The Simmons Firm vs GA-Pactfic, et al. C. William Lehnert 10/3/2001 Page 16 1 A We became the Gypsum Division, which was a 2 part of the Building Products Division of 3 Georgia-Pacific. 4 Q Okay. Did you work for the Building Products 5 Division or the Gypsum Division? 6 A The Gypsum Division. ` 7 . Q And did you always work for the Gypsum 8 Division during your years at Georgia-Pacific? 9 A Yes. 10 Q Okay. What were generally the products of the 11 Gypsum Division of Georgia-Pacific? 12 A Gypsum wallboard, which some people call 13 sheetrock. Firestop, which was a fire rated gypsum 14 wallboard product. Tile Backer Board, which was a tile 15 backing product of Georgia-Pacific. 16 Q So board products, and what else? 17 . A And joint compounds and textures. 18 Q Now, when you began employment with 19 Georgia-Pacific in 1965, what was your job title? 20 A I was -- I think the title was changed to 21 Manager of Research at that time. 22 Q Okay. And how long did you hold that 23 position?- 24 A Actually the position never changed much. 25 The title changed sometime and later it was changed to 800-333-2082 I Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs CA-Padfic, et aL C. William Lehnert 10/3/2001 Page 17 1 Manager of Product Development & Technical Services. 2 Q So it was more of a name change than a change 3 . in the type of work you did? 4 A , Yes. 5 Q And were you responsible in that position for 6 the laboratory research on products? 7 A Yes. 8, 9 Q Including joint compounds? A Yes. 10 Q Who was your boss during your employment at 11- Georgia- Pacific Corporation? 12 A Up until 1967 it was Clarence Shuttleworth. 13 After that it was Glen Wilson. . 14 Q Is Mr. Wilson still alive? 15 A No. 16 Q What was his title? 17 .A' He was the Vice President of the Gypsum 18 Division and General Manager of the Gypsum Division. 19 Q Mr. Lehnert, in your positions with 20 Certain- Teed, Bestwall and Georgia-Pacific, were you at 21 all times familiar with the product formulas for joint 22 compound products? 23 . A Yes. 24 Q Okay. Would that include texture products? 25 A Yes. ,. 800-333-2082 i Reported By: Sheryl L. Akerley, RMR Spherton Deposition Services (704)333-9880 ` Fax (704) 372-4593 ?; o l1 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et aL C. William Lehnert 10/3/2001 Page 18 1 Q Would it also include acoustical products? 2 A Yes. 3 Q Was there a period of time when some 4 Georgia*-Pacific joint system products contained asbestos 5 and others did not contain asbestos? . 6 A Yes. 7 Q When was that, approximately? 8 A Approximately 1972 we began to be able to 9 develop products that did not have asbestos. 10 Q Okay. Did there come a time when 11 Georgia-'Pacific no longer manufactured any joint system 12 product containing asbestos? 13 A Yes. . 14 Q When was that? 15 A May 4th, 1977, 16 Q Mr, Lehnert, you have in front of you a set 17 . of documents that has been marked as Exhibit A. Do you 18 see those? 19 20 . A Yes. . . Q Have you had an opportunity to review those 21 documents in advance of this deposition? 22 A . Yes.: .. .... :. 23 Q Okay. Are you familiar with them? 24 ' A - Yes. :. 'v : 25 Q What are they? _' 800433-2082 Reported By: SherylL. Akerley, RMR '- ' ' : 7 ''7 - 777'-v-'---.7 Spherlon Deposition Services (704) 333-9889 ' Fai (7(M) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Psclfic, et al. C. William Lehnert 10/3/2001 Page 19 1 A They are joint system product formulas. 2 Q Okay. Of what company? 3 A For Georgia-Pacific Corporation. . 4 Q Do you know whether or not that group of 5 formulas includes all of the joint compound formulas of 6. Georgia-Pacific? 7 A No, it does not. 8 Q Okay. Do you have any understanding as to who 9 selected the particular formulas included in Exhibit A 10 for discussion at this deposition? 11 MR. BONO: Objection, relevancy and .' .. .. : 12 foundation. 13 THE WITNESS: I understand that they were 14 furnished by the plaintiffs* attorneys. 15 BY MS. JAGGER: 16 Q Okay. Do the documents contained in Exhibit A 17 come from the files of Georgia-Pacific Corporation? . 18 A Yes. . 19 Q Would you have been familiar with the 20 formulas in Exhibit A at or about the time they were 21 originally created? 22 A Yes. . 23 Q Where at Georgia-Pacific would these formula 24 documents in Exhibit A have been housed? J25 A Since 1982 they would have been housed at the 800-333-2082 Reported By: Sheryl L. Akerley,RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GAPaciflc, et al. C. William Lehnert . - ------------------ - 1 Decatur gypsum laboratory. . 10/3/2001 --i Page 20 2 Q And prior to 1982? 3 A They would have been housed at. the Tigard. 4 gypsum laboratory. . 5 Q Okay. Who was -- 6 A Tigard, Oregon. I'm sorry. 7 Q Okay. Who was in charge of the Tigard, Oregon 8 and the Decatur, Georgia laboratories? 9 A I was the manager. 10 'Q Would the documents in Exhibit A have been 11 under your custody and control? 12 A Yes. 13 Q Do those documents in Exhibit A, Mr. Lehnert, 14 appear to be true and correct copies of documents 15 maintained in the regular course of Georgia-Pacific*s 16 business? . 17 A Yes. 18 Q All right. In addition to reviewing the 19 formulas contained in Exhibit A, did you review anything 20 else in preparation for this deposition? 21 A Yes. 22 Q What did you review? 23 A Several hundred other formulas of 24 Georgia- Pacific's joint compounds, as well as some other 25 lab documents. 800-333-2082 ReportedBy:SherylL. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-43M o Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al, C. William Lehnert 10/3/2001 Page 21 1 Q Did you review only selected formulas? 2 A No. 3 Q Did you have access to and review the entire 4 joint system formula set of Georgia-Pacific? 5 A Yes. 6 Q Why did you make that review, Mr. Lehnert? 7 A So that we could put a history together of 8 the development of joint compounds, and in this case the 9 history concerning SG -- the use of SG-210 in joint 10 compounds. 11 MS. JAGGER: Can we go off the record a 12 second? 13 THE VIDEOGRAPHER: We're going off the 14 record. The time is 11:13 a.m. 15 (Discussion off the record.) 16 THE VIDEOGRAPHER: Back on the record. The 17 time is the 11:28 a.m. 18 MS, GEISE: Elizabeth Geise for Certain-Teed. 19 I just wanted to state for the record that my 20 understanding is that this deposition is being taken 21 pursuant to the Illinois Rules, which would provide 22 that all objections except to the form of the 23 question are reserved until trial. And I don't want 24 my silence at Mr. Bono's insistence that objections 25 . have to be stated at the time to indicate that I 800-333-2082 Reported By: Sheryl L, Akerley, RMR Spherion Deposition Services (IBM)333-9889 Fa* (704) 372-4593 o ' J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et at C. William Lehnert 10/3/2001 Page 22 have stipulated to that. I have stipulated to the fact that this deposition is taken pursuant to the Illinois Rules. MR. BONO: What Illinois Rules are you referring to? MS. GEISE: The Illinois Rules of Civil Procedure. MR. BONO: Do you know a particular rule number that says that that is in existence? MS. GEISE: No, Mr. Bono, and I don't mean to have an argument on the record. I just don't want you to think that by my silence that I have stipulated to those rules. I understand that we're governed by the Illinois Rules, and I'll take my chances. And I do not want you to think that I have agreed with you that any objection except as to the form of the question is reserved. I mean that any objection on any basis needs to be stated at this deposition. I don't understand how we can possibly make relevance objections in a deposition noticed in re all Simmons cases. I think that would he an impossibility, ' MR, WILL: Trevor Will for Union Carbide. I want to put on record that it is my understanding as 800-333*2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 t i Asbestos Litigation Filed The Simmons Firm vs GA-Paclflcf et aL C. William Lebnert 10/3/2003 Page 23 - 1 well that the Illinois Rules under which this 2, deposition is being taken under provide for the 3, reservation of all objections except as to form of 4. the question. I don't agree with Mr. Bono's 5 . . statement either# and i would point out that it is 6 possible that this deposition may attempt to be used 7 in jurisdictions other than Illinois# and it would 8 . be my position on the record that we will object to 9 ` matters of form that can be corrected, but not to 10 other types of objections which would be reserved 11 till the time of trial. 12 , MR. BONO: I'm putting on the record that 13 we're not agreeing to reserving any objections. If 14 ' you want to make any objections# you better make 15 . them now, . 16 MR. WILL: Well, that's your position. 17 - ' ' Mr. Bonp. I don't think you're the judge, so I . 18 . think the record's clear. Let's go ahead. 19 * ` MR. BONO: Well, I can assure youyou're not 20 the judge, counselor. Are you even licensed in the 21 State of Illinois? ' 22 >\ MR, WILL: That's why I'm with counsel. 23 MR. BONO: Are you licensed in the State of 24 , ` . . Illinois, sir? ' 25 MR. WILL: No, I'm riot. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services <704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padilc, et aL C. William Lehnert 10/3/2001 Page 24 1 MR. BONO: Okay. Have you entered your 2 appearance in re the asbestos litigation as filed by 3 the Simmons Firm? 4 . MR.'WILL: I have not. . ` 5 MR. BONO: Have you been admitted pro hac 6 vice in the State of Illinois in re the asbestos 7 litigation filed by The Simmons Firm? , . 8 MR. WILL: I have not, counsel, and let's 9 proceed. That's why I'm here with co-counsel. 10 MR. BONO: Well, let him make his objections. U BY-MS. JAGGER: 12 Q Mr. Lehnert, during the break we have 13 adjusted the light so that it's not so bright, but if it 14 gets too bright, would you please let us know? . 15 A Yes. Thank you. 16 Q Okay. Pointing your attention to Exhibit B, 17 ; do you recognize this document? . 18 A Yes. 19 . Q Did you prepare this document? 20 A Yes, I did. 21 Q Can you explain generally what this document 22 represents? ' 23 A Yes. It represents followingthe review I 24 made of Georgia-Pacific formulas, it is a history of 25 those joint compounds and texture formulas that contained 800*3:33-2082 i Reported By; Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 3724593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclllc, et al. C. William Lehnert 10/3/2001 1 SG-210 Union Carbide asbestos. Page 25 2 Q Mr. Lehnert, without reviewing or having this 3 document in front of you, would you be able in this 4 deposition to quickly and succinctly identify the 5 products manufactured by Georgia-Pacific which contained 6 Union Carbide asbestos? 7 A No. I went through several hundred documents 8 and it just wouldn't be possible to remember all of this 9 without making some kind of a history, as X have done 10 here. 11 MS. JAGGER: Okay. At this point 1 would 12 tender into evidence Exhibit B on behalf of 13 Georgia-Pacific Corporation. 14 BY MS. JAGGER: 15 Q Mr. Lehnert, is it correct that Exhibit B 16 relates only to Georgia-Pacific products and Union 17 Carbide asbestos? S 18 A Yes. ta 19 Q Okay. Did Certain-Teed Corporation joint 20 compounds ever contain Union Carbide asbestos? 21 A No. , ' 22 Q Do you know what company supplied asbestos to 23 Certain-Teed for joint compounds? . 24 A Yes. 25 Q Who were those companies? . 800-333-2082 Reported By: Sheryl L, Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 26 1 A Phillip Carey Company and Johns Manville 2 Corporation. 3 Q Did Bestwali Gypsum joint compounds ever 4 contain Union Carbide asbestos? 5 A No. ' 6 Q Do you know what companies supplied Bestwali 7 Gypsum with asbestos used in their joint compounds? 8 A Yes. '.. 9 Q What companies were those? 10 A It was the Johns Manville Corporation and the 11 Phillip Carey Company. 12 Q Okay. Did Georgia-Pacific joint compounds 13 ever contain Union Carbide asbestos? 14 A Yes. 15 Q Was Union Carbide the only supplier of 16 asbestos to Georgia-Pacific? 17' . A No. ; 18 . Q Do you know who the other suppliers were? 19 A Yes. 20 Q Who were they? 21 A JohnsManville and Phillip Carey. 22 Q Were there ever instances where a particular 23 * joint compound would contain asbestos supplied by more 24 . than one company? 25 A Yes. 800-333-2082 Reported By: Sheryl L. Akertey^RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et at C. William Lehnert 10/3/2001 . Page 27 1 Q Mr. Lehnert, when you review the product 2 formulas of Georgia-Pacific, such as those contained in 3 Exhibit A, how do.you determine what company supplied the 4 asbestos used in that particular formula? 5. A By the designation in the formula itself. 6 Q Okay, So using, just for an example, Exhibit 7 A, Page A-l, Ready Mix Filler, Acme, Texas, it says Under 8 "Raw Materials" Asbestos 7RF09. How do you determine who 9 supplied Asbestos 7RF09 for that formula? 10 A That was the designation used by the Phillip 11 Carey Company. 12 Q Okay. And down a little bit farther it says 13 Asbestos SG-210. Do you see that? 14 A Yes. 15 Q How do you determine what company supplied 16 the Asbestos SG-210 for that formula? 17 A That was the designation used by Union 18 Carbide -- 19 20 . Q Okay. A -- for their asbestos. 21 Q So would it be correct, then, that in any 22 given formula if the designation 7RF09 appears that means 23 it was supplied by Phillip Carey? 24 A Yes. 25 Q Would it also be correct that if the 800-333-2082 Reported By: Sheryl L. Akeriey, RMR Spherion Deposition Services (704) 333-9889 Fnx (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 10/3/2001 Page 28 1 designation Asbestos SG-210 appears, that asbestos would 2 have been supplied by Union Carbide? 3 A Yes. 4 Q Okay. In afew of the other formulasthere is 5 a designation for Asbestos 7RF02. Do you recognize that 6 designation? 7 A Yes. 8 Q What company had that designation, if you 9 know? 10 A Johns Manville Corporation. 11 Q So that would it be correct that if a formula 12 identifies Asbestos 7RF02, that asbestos would always 13 have been supplied by Johns Manville? 14 A Yes. : 15 Q Okay. In Exhibit B, Mr. Lehnert, at the top 16 of that document you have written "Overall usage dates". 17 Do you see that? 18 A Yes. 19 Q Could you give us those dates and tell us 20 generally what that means? 21 A Okay. The dates were December 29, 1969 to 22 May 4th, 1977. And the December 29, '69 date was the . 23 first that Union Carbide SG-210 asbestos was used in a 24 Georgia-Pacific joint compound product. And 5 - 25 May 4th, 1977 was the date when there was no further 800-333-2082 Reported By: Sberyl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert . 10/Ml . 1 Union Carbide asbestos used in Georgia-Pacific joint Page 29 2. compounds. 3 Q Now, it appears that in Exhibit B you have 4 broken down those usage dates by plants and products. Is 5 that correct? 6 A That's correct. ` 7 Q Okay. And the first one you have listed.is 8 the Acme, Texas plant? 9 A Yes. 10 Q Can you tell us what geographical area the 11 Acme, Texas plant supplied? 12 A Yes. It would have supplied joint compounds 13 for the southwestern part of the United States. 14 Q Okay, The second plant that you list is 15 Akron, New York. What geographical area would that plant 16 have supplied? `. 17 A The Akron, New York plant could have supplied 18 the northeastern United States with joint compounds. 19 Q Okay. The third plant is the Chicago, 20 Illinois plant. What geographical area would.that plant 21 supply? 22 A The Chicago plant would have furnished the 23 requirements for joint compounds in the Midwest. 24 Q The next plant is Marietta, Georgia. What 25 area geographically would that plant supply? 800*333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 30 1 A The Marietta, Georgia plant would furnish the 2 requirements for the southeastern part of the United 3 States. . 4 Q And the last plant that's listed is the 5 Milford, Virginia plant. What geographical area would 6 that plant supply? 7, A Milford supplied in between Akron and 8 Marietta, so I don't know how we designate that 9 particular part. Maybe the east central part of the 10 United States, 11, Q . Okay. Were all of these plants gypsum 12 plants? 13 A No. 14 Q Were they all plants of the Gypsum Division 15 of Georgia -Pacific? ' 16 A Yes. . 17 Q Mr. Lehnert, in your review, of the formulas 18 of Georgia -Pacific, did you identify products 19 manufactured at the Acme, Texas plant which contained 20 Union Carbide asbestos? 21 A Yes. 22 Q What products did you identify? 23 A All Purpose, Triple Duty, Speed Set , non 24 aggregate texture for walls and ceilings, polystyrene 25 ceiling texture and Ready Mix. 800-333-2082 Reported By; Sheryl h, Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclilc, et al. C. WllUam Lehnert 10/3/2001 Page 31 1 Q Okay. And have you identified in Exhibit B 2 the dates and ranges of Union Carbide asbestos for those 3 products? 4 A Yes. 5 Q Okay. What is the difference between the 6 textures and the All Purpose, Triple Duty and Speed Set 7 joint compounds, in terms of use? 8 A In terms of use? For the most part the All 9 Purpose, Triple Duty and Speed Set were used in joint 10 taping and finishing operations in the gypsum wallboard 11 construction, whereas the textures were used as a 1 12 decorative effect after the joints and nail heads and 13 corner beads were all finished. 14 Q Okay. Based on your review of the 15 Georgia-Pacific product formulas, did you identify 16 products manufactured at the Akron, New York plant which 17 contained Union Carbide asbestos? . 18 A Yes. 19 Q Whatproducts did you identify? 20 A Drywall adhesive, bedding compound, topping . 21 compound and Ready Mix. ' 22, Q And have you on Exhibit B identified the 23 dates and the amounts of Union Carbide asbestos -- 24 ` A Yes. 25 Q --contained inthose products? ;vv :V. - r ;v-' 80<y-333>2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (784) 333-9889 ; Fox (704) 372-4593 Asbestos Litigation Filed Tbe Simmons Firm vs GA-Pacific, et al. C, William Lehnert 10/3/2001 1 A Yes. Page 32 2 Q Based on your review of the formulas, did you 3 identify any products manufactured at the Chicago, 4 Illinois plant that contained Union Carbide asbestos? 5 A Yes. 6 Q What products were those? 7 A All Purpose, bedding compound, topping 8 compound and Ready Mix. 9 Q Have you set out on Exhibit B the dates and 10 amounts of the use of Union Carbide in those products? 11 A Yes. 12 Q Based on your review of the Georgia-Pacific 13 formulas. did you identify any products manufactured at . 14 the Marietta, Georgia plant which contained Union Carbide 15. asbestos? 16 A Yes. 17 Q What products were those? 18 A Central Mix and Ready Mix. . 19. Q Okay. And have you set out the dates and the 20 amounts of the Union Carbide usage for those products? 21 A Yes. 22 Q Based on your review of the Georgia-Pacific 23 formulas, did you identify any products manufactured at 24 the Milford, Virginia plant that contained Union Carbide 25 asbestos? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372*4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 1 A Yes. Page 33 2 Q What products were those? 3 A Ready Mix. '' 4 Q Okay. Mr. Lehnert, I'd like to focus your 5 attention in Exhibit B on Ready Mix. And I'm going to go 6 plant by plant, beginning with the Acme, Texas plant. 7 During what times did Ready Mix joint 8 compound manufactured at the Acme, Texas plant contain 9 Union Carbide asbestos? 10 A Between September 22nd, 1971 to May 4th, 11 1977. . 12 Q And in what ranges percentage-wise was Union 13 Carbide asbestos used? 14 A One percent to 3.75 percent. 15 Q Did all of the Ready Mix manufactured at 16 Acme, Texas between September 22, 1971 and May 4, 1977 j 17 contain Union Carbide asbestos? . 18 A No. 19 Q Okay. What Ready Mix formulas during that 1 20 time, and again we're talking about September 22, 1971 to 21 May 4, 1977, what Ready Mix formulas did not contain 22 Union Carbide asbestos? 23 .A Ready Mix topping furnished between 24 March 8th, 1974 to September 10th, 1975 in four-gallon 25 cartons and five-gallon pails did not contain SG-2.10 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 . Fax (704) 372-4593 o Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et al. C. William Lehnert 10/3/2001 Page 34 1 asbestos. And of course -the asbestos-free products did 2 not contain SG-210 asbestos. 3 Q Okay. Now, whatfs the difference between 4 Ready Mix topping and formulas which are just Ready Mix? 5' A ' Ready Mix topping is different inasmuch as it 6 has a lesser amount of binder because it's not required 7 for the taping operation. And so --and also it sands 8 easier since it doesn't have as much adhesive in the 9 formula. 10 Q Okay. What can a person use a general Ready 11 Mix formula to do? 12 A He can tape the joints in gypsum wallboard 13 construction. He can finish those joints with this same 14 material. He can cover the nail heads so that they're 15 hidden, and he can use it to fill in the corner beads in 16 gypsum wallboard construction. 17 Q Could a person use Ready Mix topping to do 18 all of those same functions? . 19 A No. 20 Q Which one of those functions or ones of those 21 functions could a person use Ready Mix topping to 22 perform? 23 A The finishing only. 24 Q Pointing your attention now to the second 25 page, to the Akron, New York plant, in your review of the 800-333-2082 i Reported By: Sheryl L. Akeriey, RMR Spherton Deposition Services (704) 333-9889 Fax (704) 372-4593 o Asbestos Litigation Filed Tbe Simmons Firm vs GA-Padflc, et al. C, William Lehnert 10/3/2001 1 product formulas, did Ready Mix joint compound Page 35 2 manufactured at the Akron, New York plant contain Union 3 Carbide asbestos? .. 4 A Yes. 5 Q During what time.periods did Akron Ready Mix 6 contain Union Carbide asbestos? 7 A Between December 29th, 1969 to May 4th, 1977. 8 Q Did all of the Ready Mix manufactured at 9 Akron between those dates contain Union Carbide asbestos? 10 A Virtually all of the formulas contained Union 11 Carbide asbestos, except for the asbestos-free formulas. 12 Q Okay. Were there any asbestos-containing 13 formulas between December 29, 1969 and May 4, 1977 for 14 Akron Ready Mix that did not contain Union Carbide 15 asbestos? 16 A No, all of the Akron formulas contained the 17 SG-210 asbestos, except for asbestos-free joint compound 18 Ready Mix. ' 19 Q Your Exhibit B contains the language 20 virtually all formulas up to September, or 9, which I 21 assume is September, 1970, used 7RF-9 asbestos. Is that 22 what you wrote? 23 A Yes. 24 Q Okay. Whose asbestos.or who supplied 7RF-9 25 asbestos? 800-333-2082 i Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 o Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et al. C. William Lehnert 10/3/2001 ' 1 A Phillip Carey. Page36 2 Q So between December 29 and 1969 -- excuse me. . 3 .Strike the question. 4 Between December 29, 1969 and September '70,. 5 are you indicating by this that virtually all of the , 6 asbestos used was 7RF-9 Phillip Carey? . 7 . A What were the dates again? I got lost here. 8 What were the dates? Can I have the question asked . 9 again? ' . 10 . Q I'm just --I'm trying to understand your n chart. . 12 A Okay. 13 Q Between December 29, 1969 and . 14 September 1970 -- . ' 15 A Oh, I see. 16 Q -- did Akron Ready Mix contain only Union 17 Carbide or some mix of asbestos? . 18 A It would have contained -- could have 19 contained some mix of asbestos during that period of 20 time. Between '69 and -- well, no, my notes here say 21 that virtually all formulas, and I suppose there were 22 some maybe that had a combination, however,.but virtually 23 all the formulas up to September 1970 had the 7RF-9 24 asbestos.' But from September forward all available - 25 * formulas used some SG-210, some SG-210, except for . 800-333-2082 i Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-0889 Fax (704)372-4593 ' Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. . C. William Lehnert 10/3/2091 ---------------------- ,------------------------------------------------ :-------------:----------- ----------L Page 37 1 asbestos-free. 2 Q Moving now to Chicago# in your review of the 3 formulas, was Ready Mix manufactured at Chicago a product 4 which contained Union Carbide asbestos? ` 5 A Yes. . ` 6* 0 And what were the dates that it contained 7 Union Carbide asbestos? 8 A Between October 21st, 1970 to May 4th, 1977. 9 Q Did all of the Ready Mix manufactured at 10 Chicago during that timeframe contain Union Carbide 11 asbestos? ' 12 A All of the general formulas, but there were 13 some exceptions between -- do you want me to give you the 14 exceptions? ` . 15 Q Yes. .. 16 A Between May 20th, 1974 to December *74 .there 17 was a special request formula, and between March 1st, 18 1975 to March 23rd, 1976 there was some special trial 19 shipments made. And there were two Ready Mix topping 20 formulas available between May 27th, 1975 and March 22nd, 21 ' 1976, and also between March 25th, 1974 and March 23rd, 22 1976. 23 / ' In addition to those -- those were the two 24 Ready Mix. The first date I gave you was the first Ready 25 Mix and the second date was the second Ready Mix which i 800-333-2082 ! Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fa* (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. WUUam Lehnert 10/3/2001 Page38 1 did not contain SG-210. And then in addition to those 2 the asbestos-free formulas that were made available. 3 Q Okay. Mr. Lehnert, if --what does it mean to 4 say that a formula is a special request only? 5 A There were customers that asked for some 6 special Ready Mix, and it might have been a different 7 color. It might have had some additional workability 8 characteristics. It was something that was made for -- 9 that the customer had requested. 10 Q Okay. Ifa customer didn't requesta specific 11 special formula, would they receive the general formulas? 12 A Yes. 13 Q Moving to the next page of Exhibit B, the 14 Marietta, Georgia plant, based on your review of the 15 formulas, was Union Carbide asbestos used in Ready Mix 16 manufactured at the Marietta, Georgia plant? 17 . A Yes. . 18 Q During what years? 19 A Between March 6, 1972 to May 4th, 1977. 20 Q Okay. Did all of theasbestos-containing 21 Ready Mix manufactured at the Marietta, Georgia plant 22 contain Union Carbide asbestos? 23 A Yes. The only exception was the 24 asbestos-free product that was made available. 25 Q Okay. Andlastly, the Milford, Virginia 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 39 1 plant, based on your review of the product formulas, did 2 Ready Mix joint compound manufactured at Milford, 3 Virginia contain Union Carbide asbestos? 4 A Yes. 5 Q During what time frames? 6 A Between June 21st, 1973 to at least 7 January 20th, 1975. ^ 8 Q And why do you say at least January 20, 1975? 9 A We had a formula for Ready Mix with SG-210 10 asbestos on March 20th, 19 -- up until March-20th, 1975, 11 but there -- 12 MS. JOHNSON: January. 13 A -- January 20th, 1975, but a lab document 14 excluded it as of that date. So we're not absolutely 15 sure. There might have been a formula, but the lab 16 document excluded it, so it wouldn't have gone beyond 17 that date. It wouldn't have been available beyond that 18 date. 19 Q Did all of the Ready Mix general formulas at 20 Milford, Virginia, between June 21, 1973 and January 20, 21 1975 contain Union Carbide asbestos? 22 A No. Oh, yes, all the general formulas, yes, 23 that's correct. . 24 . Q Okay. 25 A Is that what your question was? 800-333-2082 ReoortedByj SherylL. Akerley.RMR Spherlon Deposition Services (704) 333-9889 'v-: .":V--r"-' Fax (704) 372-4593 I o :) Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et ah C. WfUiam Lehnert 10/3/2001 Page 40 1 Q Yes. Were there some Ready Mix formulas that 2 did not contain Union Carbide asbestos from Milford? 3 A Yes, . 4 Q Okay. 5 A There were topping. There was a crack 6 resistant formula that was furnished on special request. 7 A buff taping formula was special request, as well as the 8 asbestos-free, which wouldn't have SG-210. 9 Q Okay. Mr. Lehnert, based on your review of 10 the Georgia-Pacific product formulas, does the 11 information contained in Exhibit B identify all of the 12 joint compound products of Georgia-Pacific which ever 13 contained Union Carbide asbestos? 14 A Yes. 15 Q Okay. As you sit here today, do you recall 16 ever personally meeting or talking to anyone from Union 17 Carbide Corporation? 18 A No. 19 MS. JAGGER: That's all the questions I have 20 ' right .now. These other attorneys are going to have 21 some questions, and I would suggest a short break. 22 THE VIDEOGRAPHER: We're going off record. 23 The time is 11:59 a.m. 24 (Recess taken.) 25 THE VIDEOGRAPHER: Back on the record. The 800-333-2082 Ii /'1 ReportedBy: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fai (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et ai. C. William Lehnert 10/3/2001 1 time is 12:14 p.m. - Page41 . 2 BY MS. 'jJAGGER: 3 Q Mr. Lehnert, I apologize. I have a couple of 4 more questions. During the break you pointed out to me 5 that you had made a mistake in your testimony regarding 6 Ready Mix at the Milford, Virginia plant. Am I correct? 7 A That's correct. 8 Q Okay. Would you explain that mistake? 9 , A I understand that I said, and I didn't mean 10' to say, that it was Ready Mix with SG-210 was not made 11 between 6/21/73 and on to at least January 20th, *75, and 12 I should have said it was used in Ready Mix in those 13 dates, * 14 Q Okay. Exhibit B indicates that the Ready Mix 15 manufactured at Milford, Virginia containing Union 16 Carbide asbestos was manufactured to at least January 20, 17 1975, correct? ' 18 A Yes. 19 Q Okay, Andwhy do you say it was until at 20 least January 20, 1975? 21 A There was alab document that .told us that it 22 was not manufactured after that date. There was a lab 23 document that omitted that particular product. 24 Q Omitted, is that what you said? - 25 'A Excluded, yes, that product after.1 -- 800-333-2082 Reported By: Sheryl L.Akerley, RMR Spherion Depodlion Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et at C. William Lehnert 10/3/2001 ,. 1 January 20th, 1975. Page 42 2 MS. JOHNSON: At least. 3 THE WITNESS: Yes, to at least. Yeah. It 4 may have been dropped before that, but --oh, no, it 5 was at least until 1975, and the lab document 6 indicated that it wasn't manufactured thereafter. 7 BY MS. JAGGER: 8 Q Okay, You have testified about some special 9 formulas, like special request only or crack resistant 10 formulas? Mr. Lehnert? 11 A Yes. I'm still back onthis. Could I go 12 back on this? 13 Q Yes. 14 A I realize what I'm saying now, and I'm all 15 fouled up. It was at least, but it could have been 16 manufactured longer than that, and a lab document 17 indicated that it was manufactured after that rather than 18 was not manufactured. So I'm sorry I got that fouled up. 19 Q Okay. So let's make sure wehave aclear 20 record. At Milford, Virginia, Ready Mix joint compound 21 containing Union Carbide asbestos was manufactured from 22 June 21, 1973 to at least January 20, 1975, is that 23 correct? 24 A That's correct. 25 Q Okay. And how do you know that it was 800-333-2082 Reported By: Sheryl L.Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax <704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 1 manufactured at least until January 20, 1975? Page 43 2 A Well, we had a lab document that included it, 3 not excluded it, so then it would at least have been 4 still manufactured at that point. 5 Q Okay. Now, changing gears for a minute, 6 Mr. Lehnert, you have made reference in this deposition 7 to special formulas such as special request formulas, 8 special crack resistant formulas, and things like that. 9 Do you recall? 10 A Yes. 11 Q Okay. If a special formula was being 12 manufactured, would the general Ready Mix formulas still 13 be manufactured at the same time? 14 A Oh, yes. 15 , MS. JAGGER: Okay. Thank you for your time. 16 That's all my questions for right now. 17 EXAMINATION 18 BY MR. BONO: 19 Q We can saygood afternoon now, Mr. Lehnert. 20 A Sure. 21 Q What was the biggest plant that 22 Georgia-Pacific had that made the joint compound 23 products? 24 A The Acme,Texas plant was the largest plant. 25 Q Do you knowwhat percentage of the products 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherton Deposltioii Sendees (704)333-9889 Pax (704) 372-4503 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, ct aL C. William Lehnert 10/3/2001 1 they manufactured? Page 44 I I 2 A No, I do not.- 3 Q Okay. Looking at your Exhibit B, sir, you 4 have the first product there being All Purpose. Was that 5 All Purpose joint compound? 6 A Yes. 7 Q Did that come in a dry or wet formulation? 8 It was a dry product. 9 Q Okay. The Ready Mix line, is that -- when 10 you say Ready Mix, does that mean it's already ready 11 mixed with 'water? . 12 A Yes. 13 Q Okay. And it comes like a paste? . 14 A Yes, in a metal pail or a plastic pail. 15 Q Okay. The Ready Mix line, was that the only 16 ; line that Georgia-Pacific manufactured that came in pails 17 or.buckets? 18 A Yes. 19 Q Okay. The other joint compound products that 20 Georgia-Pacific manufactured came in bags, is that 21 correct? 22 A ' : That's correct. ' . .. ' .. 23 Q And it came in a powdered form? 24 A Yes. 25 Q And it had to be mixed with water? And had 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Service* (704)333-9889 Fax (704) 372-4593 I o Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C William Lehnert 10/3/2001 1 to bo mixed with water? Pago 45 2 A Yes. 3 Q Okay. The All Purpose joint compound that's 4 No. 1 on your Exhibit B, from March 11th, 1990 --'74 5 until at least 12/16/75 contained SG-210, is that 6 correct? 7 A Yes. 8 Q Did any other plants manufacture All Purpose 9 joint compound? 10 A Yes, X believe Chicago did. And I believe we 11 have Chicago down here. 12 Q Yes,sir. 13 ' A Yes. 14 Q Any other plants besides Chicago or Acme/ 15 Texas? 16 A I don't have all--. I'd have to consult the 17 formulas, all the formulas, to be sure, but it was ~ I 18 think it was limited to those two plants. 19 Q Okay. Moving on, still on Exhibit B, sir, 20 your Triple Duty, is that a Triple Duty joint compound? 21 A Yes. 22 Q Came in a bag? 23 A Yes. 24 Q From October 5th, 1974 to at least 25 April 22nd, 1976 did all Triple Duty joint compound 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert . 10/3/2001 Page 46 1 manufactured at Acme, Texas contain Union Carbide SG-210 2 asbestos? 3 A Until when? 4 Q April 22nd, 1976. 5 A 1976, yes. 6 Q Did any other plants make Triple Duty joint 7 compound? 8 A Yes. 9 Q What plant? 10 A I believe it was manufactured at Akron. And 11 I believe it was also manufactured at Chicago, but I 12 would have to consult the formulas again to be absolutely 13 sure of that. 14 Q Do you know if the Akron and Chicago plants 15 used SG-210? 16 A If it was manufactured at those plants and it 17 used SG-210 it would be on this list, and it's not on the 18 list, so presumably if it was manufactured, it did not 19 contain SG-210 asbestos. 20 Q Moving on to Speed Set. 21 A Okay. 22 Q Next one. Is that Speed Set joint compound? 23 A Yes. 24 Q And it came in a powdered form? 25 A Yes. ' 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et ait C. William Lehnert 10/3/2001 1 Q Sold in a bag? Page 47 . 2 A Yes, . 3 Q Okay, From 6/29/71 to 3/30/74, did Speed Set 4 manufactured at the Acme, Texas plant contain Union 5 Carbide SG-21G asbestos? 6 A Yes, 7 Q Did any other plants manufacture Speed Set? 8 A At what time period are we talking about? 9 Q 6/29/71 to 3/30/74. , 10 A No. 11 ' Q Previously you had testified as to something 12 called texture and acoustical. In a generic term, can 13 you tell me what textured products are? 14 A Yes. Textures are dry products that are 15 mixed with water, and they either have or do not have an 16 aggregate in them. And they1re usually spray applied, 17 , but they can be -- some of them without the aggregate can 18 be applied with a brush or with some other implement to 19 get a textured surface. . 20 Q And what is a texture product used for? 21 A It's used for decorative effect, usually on 22 ceilings. 23 , Q Does it make little raised ridges, or designs 24 on drywall? 25 A Yes. It depends on the particular texture 800433*2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333*9889 Fax (704) 372*4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et ah C. William Lehnert 10/3/2001 1 that you apply. Page 48 2 Q And you also mentioned acoustical, sir. What 3 is acoustical? - 4 A Acoustical. It was an acoustical plaster 5 that was manufactured. . 6 Q Georgia-Pacific also manufactured plasters, 7 is that correct? 8 A Yes. 9 Q And some of those plasters contained 10 asbestos? 11 MS. JAGGER: Object to the form and the 12 scope. 13 THE WITNESS: Can I answer? . 14 MR.y BONO: (Indicating.) : 15 MS. JAGGER: The question -- . 16 THE WITNESS: Yes. 17 MS. JAGGER: The question is did . 18 Georgia-Pacific plasters contain asbestos? 19 MR. BONO: Some. 20 THE WITNESS: He said some. 21 MR. BONO: Some did, some didn't. 22 MS. JAGGER: No, I'll object. That's outside 23 the scope of this. 24 . (Discussion off the record.) 25 800-333-2082 ReportedBy; Sheryl L.Akerley,RMR Spherion Deposit!on Services (704)333-9889 ' Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 1 BY MR- BONO; Page49 | 2 Q At some point in time did Georgia-Pacific 3 make acoustical plasters that contained asbestos? 4 A Yes. 5 MS. JAGGER; Georgia-Pacific? 6 MR. BONO; Georgia-Pacific. 7 MS. JAGGER; Not Bestwall? 8 MR. BONO: Georgia-Pacific. 9 THE WITNESS; Yes. 10 BY MR. BONO; 11 Q .Okay. Did any of those Georgia-Pacific 12 acoustical plasters contain SG-210? 13 A No. . 14 Q Moving on down your Exhibit B, you have non 15 aggregate texture for walls and ceilings. From 11/7/72 16 to March 22nd, '73 did non aggregate texture contain 17 SG-210 made by Onion Carbide? 18 A Yes, during those dates. 19 9 Did anY other plants manufacture non 20 aggregate texture? 21 A I'd have to go back to the formulas, but 22 obviously if we manufactured it it wouldn't contain 23 SG-210 it would be on here, but I can't be sure that we 24 didn't manufacture it elsewhere. 25 Q Okay. Moving on to the next item is 800-333-2082 ReportedBy: Sheryl L. Akerley, RMR Spberion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et el. C. Wflllam Lehnert 10/3/2001 1 polystyrene celling texture? Pago 50 2 A Yes. 3 Q Between April 20th of 1972 to April 17th of 4 1973/ did polystyrene ceiling texture contain Union1 5 Carbide SG-210 asbestos? 6 A Yes. . 7 Q Did any other plants manufacture polystyrene .8 ceiling texture other than Akron/ Texas? 9 A No. 10 Q Okay. Georgia-Pacific manufactured a product 11 called Ready. Mix joint compound/ is that correct? 12 A Yes. 13 Q Did Georgia-Pacific also manufacture a 14 product called Ready Mix topping compound? 15 A Yes. . 16 , Q Is there a difference between a Ready Mix 17 joint compound and Ready Mix topping compound? 18 A Yes. 19 Q Can you explain that difference? 20 A Yes. The Ready Mix topping compound contains 21 less binder or adhesive so it could not be used to do the 22 taping operation nor the first coat over the nail heads I 23 and the corner beads. But it had the advantage of being 24 easier to sand as a result of having less adhesive/ and 25 that was the main difference. 800-333-2082 Reported By; Sheryl L Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert imnm o Page 51 1 Q Okay. Did the Ready Mix joint compound 2 manufactured by Georgia-Pacific at the Acme# Texas plant 3 between September 22nd# 1971 and May 4th of 1977 contain 4 SG-210 asbestos? 5 A Did the Ready Mix joint compound? 6 Q Ready Mix joint compound. 7 A Between September 22nd, '71 to May 4th, 174? 8 Q '77. 9 A *77, I mean, contain SG-210 asbestos? Yes. 10 Q Okay. The exception that you have on your 11 Exhibit B regarding topping compounds from March 8, '74 12 to 9/10/75 does not affect the Ready Mix joint compound, 13 is that correct? . 14 A That's correct. 15 Q Okay. Did some Ready Mix topping compounds 16 also contain SG-210 asbestos? 17 A Again, I would have to go back and consult 18 the formula, because when we considered Ready Mix 1 don't 19 think we made any distinctions except where it wasn't 20 used, and so I would have to consult the actual formula 21 to be sure. 22 Q Moving on to the Akron, New York plant, first 23 product you have there is something called drywall 24 adhesive. Can you tell me what that is? " 25 A Drywall adhesive was also called stud 808-333-2082 i <i i ii Reported By; Sheryi L. Akeriey, RMR Spheiiofe Deposition Service* (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et ah C. William Lehnert 10/3/2001 1 adhesive, and it was a pre mixed product that was Page 52 2 furnished in a tube, in a caulking tube, and applied to 3 the studs to adhere the gypsum board to the studs. 4 Q Moving on to the bedding compound, did that 5 come in a bag? 6 A Yes. 7 Q Okay. From March 30th, 1972 to February of 8 1973 did bedding compound contain Union Carbide SG-210 9 asbestos? .` 10 A Yes. 11 Q Did any other plants make bedding compound 12 besides Akron? . 13 A Yes. 14 Q What plants? : 15 A Acme, Chicago. Did I say -- oh, we said 16 Akron, didn't we? Chicago, Acme and Akron would all have 17 made bedding compound. 18 Q Did the bedding compound manufactured at 19 Acme, Texas contain SG-210 asbestos? 20 A No, otherwise we would have had it on this 21 list here. 22 Q Moving onto topping compound from the Akron, 23 New York plant, from March 30th, 1972 to February of 1973 24 did the topping compound contain SG-210 asbestos? 25 A Yes. 800-333-2082 Reported By: Sheryl L. Akerley, RMR SpherionDeposition Services (704) 333-9889 Fax (704) 372-4593 o n Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et a). C. William Lshnert 10/3/2001 1 Page 53 1 Q Did any other plants make topping compound 2 besides Akron? 3 A Yes. 4. Q Which plants? 5 A Acme manufactured topping compound as did 6 Chicago. . 7 Q Okay. Moving on -- keeping Akron, New York 8 plant, between December 29th, 1969 and May 4th of 1977, 9 did all Ready Mix joint compounds manufactured by 10 Georgia-Pacific contain SG-210 asbestos? 11 A No. . 12 . Q Which did not? 13 A . The ones that were asbestos-free. 14 Q Okay. Let's talk about the asbestos-free 15 formulas for all the plants. When Georgia-Pacific 16 started manufacturing asbestos-free joint compound, 17 didn't they advertise or put on .the labels "Asbestos-free 18 joint compound"? 19 A Yes, that's my recollection. 20 Q Okay, Other than the asbestos-free joint 21 compound manufactured at the Akron, New York plant, 22 between December 29th, 1969 and May 4th of 1977, did all, 23 Ready Mix joint compounds contain Union Carbide SG-210 24 asbestos? 25 MR. WILL: Object to the form. 800433-2082 Reported By:Sheryl1. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 !I Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. WUliam Lehnert 10/3/2001 1 BY MR. BONO: Page 54 2 Q Let me rephrase the question, sir. At the 3 Akron, New York plant between October 29th, 1969 and - 4 A I think it's December 29th. 5 Q I'm sorry. Let's start all over again. At 6 the Akron, New York plant of Georgia-Pacific, did the 7 Ready Mix joint compound manufactured by Georgia?Pacific 8 between December 29th, 1969 and May 4th, 1977 contain . 9 Union Carbide SG-210 asbestos? 10 MR. WILL: Same objection, , 11 THE WITNESS: Yes,. 12 BY MR. BONO: 13 Q Moving on to the Chicago, Illinois plant -- 14 back up a second, back to Akron. Did Akron also make a 15 topping compound, Ready Mix topping? 16 A I'm not sure. I'd have to go back in the 17 . formulas to be sure. . 18 Q Okay. On to Chicago. All Purpose joint 19 compound, that was a dry product, is that correct? 20 A Yes, it is, 21 Q Between December 5th of 1972 till February of 22 1973 did All Purpose joint compound manufactured by 23 Georgia-Pacific contain Union Carbide SG-210 asbestos? 24 A Did you say all All Purpose? 25 Q All Purpose joint compound. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Sphtrion Deposition Services (704)333-9880 . Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclfic, et al. C. William Lehnert 10/3/2001 o 1 A Ail All Purpose? Pago 55 2 Q All Purpose. 3, A Oh, just this All Purpose, yes. 4 Q Okay. 5 A There was an All Purpose manufactured between 6. those dates that contained SG-210 asbestos. 7 0 I'm -- let me -- 8 A If there was another -- *9 . Q Let me rephrase the question -- 10 A Okay. 11 - Q --. and start all over again, make sure 12 , on the same wavelength. At the Chicago, Illinois plant 8 13 of Georgia-Pacific, did the All Purpose joint compound . .: . ' 14 between December 5th, 1972 to February of 1973 contain 15 Union Carbide SG-210 asbestos? 16 A I believe the answer is no, but I would have 17 to go back to the formulas. . : I 18 Q And why are you saying no? 19 . A Because there could have been another All. 20 Purpose manufactured at Chicago that contained some other 21 asbestos. 22 ' ' MS. JOHNSON: He didn't hear you right. Try 23 it again. Listen to the question. 24 ; " 'THE WITNESS: I think I heard it. Yeah, I 25 heard it. 800-333-2082 ii Reported By: Sheryl L, Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 I Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2301 1 BY MR. BONO: Page 56 2 Q Maybe I'm stuttering and adding a word. 3 Let's try it one more time. . 4 A Okay. . 5 Q From December the 5th of 1972 until February 6 of 1973 did All Purpose joint compound contain Onion 7 Carbide SG-210 asbestos? 8 A And my -- I have to ask you, do you mean all 9 of the All Purpose manufactured? 10 0 No, sir. 11 A Okay. There was some All Purpose 12 manufactured, yes, with Union Carbide asbestos. 13 Q 14 Purpose? 15 A Okay. You were thinking I was saying all All Yes. I did too many alls in there, I guess. 16 Q Okay. Moving on. At the Chicago, Illinois 17 plant between March 30th, 1972 and February 1973 did 18 bedding compound contain Union Carbide SG-210 asbestos? 19 A Some of the bedding compound, yes. 20 Between March 30th, 1972 and February 1973 21 did topping compound contain Union Carbide SG-210 22 asbestos? 23 A Some of the topping compound. 24 Q When I'm looking at the topping compound on 25 your list. is that a Ready Mix topping compound or is 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Reposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et al. C. WiUiam Lebnert . 10/3/2001 1 that the dry formula topping compound? Page 57 2 A This is the dry formula. 3 Q At the Chicago, Illinois plant did the Ready 4 Mix joint compound manufactured from October 21st, 1970 5 until May 4th, 1977 contain Union Carbide SG-210 6 asbestos? 7 A Yes. 8 Q That was all general formulas during that 9 period of time contained Union Carbide SG-210, is that 10 correct? 11 A Yes. 12 Q Marietta, Georgia plant, was Marietta the 13 . only plant that manufactured a product called Central 14 Mix? 15 A No, I think it was manufactured elsewhere. 16 Q Between May 18th, 1971 to January 20th, 1975, 17 did.Central Mix manufactured at the Marietta, Georgia 18 plant contain Union Carbide SG-210 asbestos? 19 A Yes, at least some of the Central Mix 20 manufactured during those dates contained SG-210 21 asbestos. 22 Q At the Marietta, Georgia plant did the Ready 23 Mix joint compound between March 6, 1972 and May 4th, 24 1977 contain Union Carbide SG-210 asbestos? 25 A Yes. 800-333-2082 Reported By: Sberyl L. Alterley, RMR Spherton Deposition Services (704) 333-9889 Fax (704) 3724593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 1 Q Other than the asbestos-free? Page 58 2 A Yes- 3 Q Okay. And then Milford, Virginia plant, did 4 the Ready Mix joint compound between June 21st, 1973 5 until at least January 20th, '. 1975 co ntain Union Carbide ' 6 SG-210 asbestos? 7 .A Yes. 8 Q Yon discussed the regions that the plants 9 serviced- 10 A Yes. 11 Q Would there be inter-regional moving of 12 product? Acme product, as an example, could go to New 13 York or Chicago or Georgia/ or Georgia product go to 14 Texas or the southwest? 15 A That could happen and I'm sure it did at 16 times. 17 MS. JOHNSON: When you get to a place, I'd 18 like to take a break, please. 19 MR. BONO: Okay. 20 MS. JOHNSON: Thank you. . 21 MR. BONO: You're welcome. Okay. This is a 22 good time. 23 MS. JOHNSON: Thank you. '24 . THE VIDEOGRAPRER: We're going off record. 25 The time is 12:40 p.m. 800-333>2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9880 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. WUllara Lehnert 10/3/2001 1 (Recess taken.) Page 59 2 THE VIDEOGRAPHER: Back on the record. The 3 time is 12:51 p.m. ' 4 BY MR. BONO: . ' 5 Q Mr. Lehnert, I'm going to show you what has 6 been marked as Georgia-Pacific Composite A, or Group 7 Exhibit A. Can you identify that for me, please, sir? 8 A These are the formulas of Georgia-Pacific 9 that were furnished by the plaintiffs' attorneys. 10 Q Okay. What are those documents? 11 A These are formulas from various plants 12 containing SG-210 asbestos. 13 Q Are those Georgia-Pacific formulas for 14 various Georgia-Pacific products? 15 A VariousGeorgia-Pacific jointcompound 16 products containing SG-210. 17 Q Okay. And were all those formulas prepared 18 by you or under your direction when you were head of the 19, Georgia-Pacific Research & Development Department? 20 A Yes. 21 Q Okay. Are those all true and accurate copies 22 of the formulas of Georgia-Pacific? 23 A Yes. 24 Q You reviewed each andevery one of them, 25 haven't you? . :. 800-333-2082 Reported By: Sheryl L. Akerley,RMR Spherion Deposition Services <704) 333-9889 r Fax (704) 372-4593 o u Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et al. C, William Lebnert 10/3/2001 1 A Yes,' Page 60 . 2 Q And they're all true and accurate? 3 A What do you mean by true and accurate? 4 Q Those are the copies, good copies of the 5 formulas that existed in the timeframe that's listed on 6 the individual pages? 7 A Yes, 8 Q Those are the formulas used by 9 Georgia-Pacific during that timeframe? 10 A Yes. 11 Q And are those records that would have been 12 kept by you in the normal course of business at 13 Georgia-Pacific? 14 A Yes. 15 Q And did those come from the records of 16 Georgia-Pacific Corporation? 17 A I understand that they have, yes, 18 MR. BONO: Okay. That's all I have. Thank 19 you very much. 20 EXAMINATION 21 BY MR. KOHLBURN: 22 Q Mr. Lehnert, I'm want to go back to when you 23 first started working for Certain-Teed in 1951. Okay? 24 At that time Bestwall was a brand name for products, but 25 it wasn't a separate company, is that correct? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et aL C. William Lehnert 10/3/2001 Page 61 | 1 A No, I don't think that's correct. 2 Q In 1951? 3 A Yes 4 Q Was it a separate company then? 5 "^J4S. GEISE: ^Objection, foundation. 6 THE WITNESS: Would you ask the question 7 again? 8 BY MR. KOHLBURN: 9 Q In 1951 - 10 A Yes. 11 Q --. when youstarted withCertain-Teed, was 12 there a separate company then known as Bestwall? 13 '"-MS. GEISE: Objection, foundation. 14 THE WITNESS: No. 15 BY MR. KOHLBURN: 16 Q Okay. Whendid that separate companycome 17 into being? 18 A In May of 1956. 19 Q Between 1951 and1956, between the time you 20 started and the time there was a separate company called 21 Bestwall, who was the president or chief executive 22 officer of Certain-Teed? . 23 A Rawson Lizars. 24 Q Okay..Now, at the time thatCertain-Teed 25 created Bestwall in 1956, did it also create another ... .. . .. . . .. 800-333-2082 tmKmmmmmmmmmtmmmmmmmmmKmmmmmmmmmmmHmmmmmmmmmmmmatmmmmmm ... . .. . ........ . ResortedBy;SherylL.Akerlev.RMR Spherion Deposition Services <704) 333-9889 :. . ... Fax (704) 372-4593 f' "S o *% i Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 1 corporation? Page 62 ` 2 *nMS. GEISE: Objection to the form of the 3 question. 4 THE WITNESS: Yes. 5 BY MR. KOHLBURN: 6 Q Okay. What was that corporation called? 7 A Bestwall Certain-Teed Sales Corporation. ' 8 Q And what was the function of Bestwall 9 Certain-Teed Sales Corporation? 10 '--`MS. GEISE: Objection, foundation. 11 THE WITNESS: It was to market the products 12 of both companies. 13 BY MR. KOHLBURN: . 14 Q Okay. And how is it that you know that? 15 A t^rom being there when it all happened, 16 Q 04cSy. And as of 1956, which company did you 17 go to work for? 18 A Bestwall Gypsum Company. 19 Q Okay. Between 1956 when Bestwall and Sales 20 Corporation were created, and 1965, who was the president 21 or chief executive officer of Bestwall? 22 A Rawson Lizars. 23 Q And in that same time period, June of 1956 to 24 1965, who was the president or chief executive officer of 25 Certain-Teed? 800-333-2082 I Reported By: SherytL. Akerley,RMR Spherlon Depovition Sendees (704) 333-9889 Fax (704) 372-4593 /\ {5 O 'V >. f Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 10/3/2001 1 A Rawson Lizars. Page 63 2 Q And between 1956 and 1965, who was the 3. president or chief executive officer of the Sales 4 Corporation? 5 A Rawson Lizars, 6 Q ^Between June 1956 and 1965 did all three 7 companies, Certain-Teed, Bestwall and Bestwall 8 Certain-Teed Sales Corporation, have their headquarters 9 at the same building in Ardmore, Pennsylvania? 10 A Yes. 11 Q Between June 1956and 1965 did Certain-Teed 12 and Bestwall both have laboratory facilities in the same 13 building in Paoli, Pennsylvania? 14 A Between 1956 and1965? 15 Q 1965 * 16 A Yes. . 17 Q And at what location did you work between 18 1956 and 1965? ' 19 A I worked at the Paoli laboratory of Bestwall 20 . Gypsum Company. 21 Q Between 1956 and 1964, didsBestwall sell all 22 of its products through the Certain-Teed Bestwall Sales 23 Corporation? .. : 24 r-MS. GEISE: Objection, foundation. 25 THE WITNESS: As far as I know, they did. 800-333-2082 Reported By: Sheryl L, Akerley,RMR Spherioo Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm va GA-Paciflc, et aL C. William Lebnert 10/3/2001 1 BY MR. KOHLBURN: Page 64 2 Q Okay. Between 1956 and 1964 did Certain-Teed 3 also sell all of its products through Bestwall 4 Certain-Teed Sales Corporation!? 5 MS. GEISE: Objection, foundation. Also 6 objection vague as to products. 7 THE WITNESS: To my knowledge they did. \. 8 BY MR. KOHLBURN: 9 Q Okay, As far as you know,having been there 10 - during that time period from June 1956 through 1964, did 11 Certain-Teed Bestwall Sales Corporation provide all of 12 the marketing and advertising for both Certain-Teed and 13 for Bestwall? 14 MS. GEISE: ^Objection, foundation, 15 THE WITNESS: And those dates again were? 16 BY MR. KOHLBURN: `. 17 Q June of 1956 to 1964. 18 A Yes. 19: 0 Okay. And I believe that youpreviously 20 testified that your supervisor between 1956 and 1965 at . 21 . Paoli was Mr. Shuttleworth. Is that correct? 22 A Yes. 23 Q To whom did Mr. Shuttleworth report during 24 that time period? . ., 25 A Between 1956-- 7\ Reported By: Sheryl L. Alterley, RMR r;7- 7 ` 800-333-2082 Spheriou Deposition Services (704) 333-9889 Fax (704) 372-4593 . Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 1 Q -- and 1965. Page 65 2 A -- and 1965. Initially he reported to 3 Mr. Hoggatt. 4 Q Was there a.time period where he ceased 5 reporting to Mr. Hoggatt? . 6 A Yes. And I don't remember that date. 7 Q Okay. Do you know who Mr. Hoggatt reported 8 to? 9 A Yes. 10 Q Okay. Who was that? . 11 A Mr. Grieve. . 12 Q Okay. And was Mr. Grieve a Bestwall employee 13 or a Certain-Teed employee? 14 MS. GEISE: Objection, foundation. 15 THE WITNESS: He was a Bestwall employee. 16. BY MR. KOHLBURN: 17 Q Okay. Now, during that time period were 18 there some individuals who were employees of both 19 Bestwall and of Certain-Teed? 20 MS. GEISE: Objection, foundation. 21 Q To your knowledge. 22 A Do you mean the -- I don?t understand the 23 question. .. . - 24 Q Were there people who worked for both 25 companies. for Bestwall and for Certain-Teed from 1956 to 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 y--N O Asbestos Litigation Filed The Simmons Firm vs GA-Fadfic, et al. C. William Lehnert 10/3/2001 1 1965? Page 66 2 MS. GEISE: Same objection, foundation. 3 THE WITNESS: Yes. 4 BY MR. KOHLBURN: `5 Q Okay. And can you recall who those people 6 were? 7 A They were the Bestwall Certain-Teed Sales 8 Corporation employees. 9 Q Okay. Excluding the Sales Corporation 10 employees. were there some people that you know of who 11 worked for both Bestwall and for Certain-Teed from 1956 12 to 1965? 13 MS. GEISE: Objection, foundation. 14 THE WITNESS: Unless there were management 15 people , I don't-know of anyone. 16 BY MR. KOHLBURN: 17 Q Okay. Are there management people that you 18 know of? 19 A No, other than Mr. Lizars. 20 Q Mr. Lizars. From 1956 to 1965 did everyone 21 that worked for Bestwall and for Certain-Teed eventually 22 report to Rawson Lizars? 23 MS. GEISE: Objection, foundation. 24 THE WITNESS: Directly? 25 800-333*2082 ReportedByrSheryl L. Akcrley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et aL C. WflUara Lehnert 10/3/2001 o ' ), ' .J 1 BY MR. KOHLBURN: Page67 2 Q Not directly, ultimately, either indirectly 3 or directly. 4 MS. GEISE: Objection, vague. 5 A Between -- the dates again were? 6 Q "S 1956 to 1965. . 7 A Yes. . 8 Q To your knowledge/between 1956 and 1965 did 9 the same upper management run both Certain-Teed and 10 Bestwall? 11 MS. GEISE: . Objection, foundation. 12 Objection, vague. 13 THE WITNESS: I don't know what you mean by 14 running Bestwall. 15 BY MR. KOHLBURN: 16 Q The people at the top for Bestwall and the 17 people at the top for Certain-Teed, the top management 18 for both corporations between 1956 and 1965, were they 19 essentially the same group of people? . 20 MS. GEISE: Objection, foundation. 21 Objection, vague. 22 THE WITNESS: I can't answer for 23 Certain-Teed, but Bestwall had some changes in 24 management during that period of time. 25 800-333-2082 I,f;: Reported^ Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA*Paciflc, et al. C. William Lehnert 10/3/2001 /J o (j 1 BY MR. KOHLBURN: Page 68 2 Q Okay. Who negotiated the merger between 3 Bestwall and Georgia-Pacific in 1965? 4 MS. GEISE: Objection, foundation. 5 A I don't know. 6 Q Before 1965 were there other companies other 7 than Georgia-Pacific that were looking at buying or 8 acquiring Bestwall from Certain-Teed? 9 MS. GEISE: Objection, foundation. 10 THE WITNESS: Yes. 11 BY MR. KOHLBURN: 12 Q Okay. And how is it that you know that there 13 were other companies that were interested in looking at 14 or acquiring Bestwall from Certain-Teed?' 15 A Companies came through the laboratory, and I 16 understand to the plants as well, from some other 17 companies who apparently were interested in purchasing 18 the Bestwall Gypsum Company. 19 Q Okay. And can you recall'which companies 20 those were, at least some of them? 21 A I can recall two, Johns Manville Corporation 22 and Weyerhauser. 23 Q Okay. Is it your impression that from the 24 time Certain-Teed created Bestwall in 1956 until it was 25 acquired by Georgia-Pacific in 1965 that Certain-Teed was 800433-2082 Reported By: Sheryl L. Akeriey, RMR Spherion Deposition Services (704) 333-9889 J Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lebnert 10/3/2001 1 actively seeking a purchaser for Bestwall? Page 69 2 MS. GEISE: Objection, foundation, vague. 3 THE WITNESS: That was the general feeling at 4 that time. 5 BY MR. KOHLBURN: 6 Q And what is the basis of that impression? 7 A One would be the visitors from other 8 companies that came to our facilities. ' 9. Q Okay. For the period of 1951, now this is 10 when you started with Certain-Teed, through 1956, did 11 Certain-Teed manufacture and sell asbestos-containing 12 products as part of its gypsum business? 13 A During the. period from 1951 to 1956? 14 Q Yes. 15 A Did we sell asbestos-containing products? 16 Q In the gypsum business. . 17 A In the gypsum business? Yes, 18 Q Okay. And did that include joint compounds? 19 Still 1951 to 1956. 20 A Yes. . 21 Q Can you remember any brand names or trade 22 names of the asbestos-containing joint compounds that 23 Certain-Teed made and sold between 1951 and 1956? 24 . A I can remember one.' 25 Q 800*333-2092 Reported By: Sheryl L. Akerley, RMR Spherloii Deposition Services (704) 333-9889 Fax (704) 372-4593 \i --\. o (j Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 , 1 A Certex. Page 70 1 2 Q Certex. Okay. Did Certain-Teed in the period 3 of 1951 to 1956 make and sell any reinforcing joint . 4 finishers that contained asbestos? ' 5 A Yes. 6 Q Can you recall the brand names or trade names 7 of any of those products?' 8 A They eventually became called a Bestwall 9 products, but I'm not sure the exact date when that 10 happened. 11 Q Just for 1951 and 1956, can you remember the 12 names they went by in that timeframe? 13 A Well, that's the only name that I can 14 remember was Bestwall. 15 Q Okay. From 1951 to 1956 did Certain-Teed 16 make and 9ell any asbestos-containing patching plasters? 17 A Did we sell any asbestos-containing patching 18 plasters? 19 o Yes. . 20 V I would have to go back to the formulas and 21 determine whether patching plasters contained asbestos. 22 0 So as you sit here today you don't know about' -.23 that one, is that correct? 24 A No, I'm not sure about that. 25 Q Between 1951 and 1956 did Certain-Teed make 800-333-1082 RportedBy: Sheryl L.Akerlcy.RMR Spberlon Deposition Services (704) 333*9889 Fax (704) 372*4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc* et a!. C. William Lehnert 10/3/2001 1 and sell any asbestos-containing textures? Page 71 2 A Yes. 3 Q Okay. Can you recall any brand names or trade 4 names of those asbestos-containing textures for the 5 period of 1951 to 1956? 6 A Certex. ` 7 Q For the period of 1951 to 1956 did 8 Certain-Teed make and sell any asbestos-containing 9 acoustical plasters? 10 A Did Certain-Teed? 11 Q Certain-Tee'd, 1951 to 1956. 12 A Yes. I 13 Q Okay. And can you recall the brand names or 14 trade names of any of those products, asbestos-containing . 15 acoustical plasters, for the period of 1951 to 1956? I 16 A Lite Acoustic. 17 Q Okay. Are you familiar with a product called. 18 Kalite? 19 A Yes. - 20 .Q Okay. Is that an asbestos-containing 21 acoustical plaster? 22 A I would have to go back and consult the 23 formula to be absolutely sure whether it was or not. 24 Q Okay. For the period of 1951 to 1956 did 25 Certain-Teed make and sell any asbestos-containing 800-333-2082 Reported By; Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704)372-4393 V I) ~- Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 --------------------------- ------------------------ :--------------" Page 72 1 bedding compounds? 2 A Yes. 3 Q Okay. Can you recall the brand names or trade 4 names of any of the asbestos-containing bedding compounds 5 that Certain-Teed made and sold during 1951 to 1956? 6 A Not other than the Bestwall name that I 7 already have given you. . 8 Q Okay. Between 1951 and 1956did Certain-Teed 9 make and sell any asbestos-containing topping compounds? 10 A Not unless it was the Bestwall name that I've 11 already given you. . 12 Q Okay. For the period of 1951 to 1956, and 13 confining ourself to the gypsum line of products that you 14 worked with and are familiar with, can you recall any 15 other types of asbestos-containing products that were 16 made and sold by Certain-Teed? 17 A What do you mean by other types? 18 Q Other thanthe ones we've talked about here. 19 A Oh, no. 20 Q Okay. Now, I want to switch and I want to go 21 to the period of 1956 to 1965, talk about Bestwall. 22 Okay. Between 1956 and 1965 did Bestwall make and sell 23 any asbestos->containing joint compounds? 24 A Yes. 25 Q Okay. And as you sit here today, can you 800433-2082 ( I t Reported By: Sheryt L. Akerley, RMR Spberkm Deposition Services (704) 333-9889 Fax (704) 372-4093 , ' .i ` Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et ai. . . C. William Lehnert ' 10/3/2001 ^ ' ' .. " " Page 73 I '* ' i ` ,* * 1; ^recall the brand names or trade names of any of the / T;-. asbestos-containing joint compounds that were-made,.and .* . . ' - '. * . '3- 'soid by Bestwall from 1956 to 1965? j 'i ; , , " . , . *` A]'. ___ A^ Only the name Bestwall. ;- ' 5..;f . * Q. .Did B estw a> ll m. ake an d. se.ll any . 6' asbestos-containing reinforcing joint finishers between 7 -' 1956 . and 1965? v : ' `; " . 8. A Yes. ., :. ; ' ' \. 9; Q Okay. . And can you recall any of the brand 10 t. names or trade names of the.a.s.b.estos-contain. ing joint 11; finishers that were made and sold by Bestwall between 12.: 1956 and 1965? /, . - 13 'A . Only the Bestwall name. ^ .. . . 14 ; ' Q Okay. Did Bestwall make and sell any 15'' asbestos-containing patching plasters between 1956 and 16 1965? . / 17> A ' . . . : .. . ' :. .. ' Again, I would have to consult the formulas . 18, to determine whether they did or didn't; . 19 Q The patching plasters, you're not sure about? 20..' .A I'm not sure about it. ` '\ .21 Q Okay. Did Bestwall make and sell any - 22 asbestos-containing textures between 1956 and 1965? ' 23 ; 24 *A Q. ' Yes. v, Okay. And other than just the .Bestwall name, 25 * .can you recall any brand name or trade name associated , 800-333-2082 ' Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 ^ ' ' Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Tacific, et al* . ' C. William Lehnert 10/3/2001 .. . : . . \ . . ., Page 74 * r with the textures that contained asbestos that were sold 2 by Bestwall.between 1956 and 1965? `. 3% A Well, there was a Bestex name used. *. .4, . Q Between 1956 and 1965 did Bestwall . 5, . manufacture and sell any asbestos-containing acoustical 6 plasters? ' * . . -'. r 7 A Did Bestwall? 8, , . Q Bestwall... ' , . . .. 9' . . A - Yes -. io; . Q . Okay. And other than just the Bestwall name, ii can you recall any brand name or trade name? 12' A . Just the Lite Accdustic. . i 13 Q Lite Accoustic. Okay. Between 1956 and 1965 14 did Bestwall make and sell any asbestos-containing 15 bedding compounds? -' . . ' .' 16 V A .' Yes. * ; '' 'j 17? . ' ' Q Okay. And other than the Bestwall name, can i 18*; you recall any brand name or trade name associated with 19 asbestos-containing bedding compounds that were * 20 t manufactured and sold by Bestwall between 1956 and 1965? 21 . . A No./ ' . ` ' 22>` Q Okay. Did Bestwall, during the period 1956 to 23 * 24 .1 25 *; 1965, manufacture and sell any asbestos-containing topping compounds? * '; ` , ' ' A / Yes. * \ ' ..v ' , 800-333-2082 Reported By: Sheryl L. Akeriey, RMR Spherton Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation filed The Simmons firm vs GA-Paciflc, et al. C. WUHam Lehnert 10/3/2001 ' i *' ' " ' '* - '_ - '- ' < ' . '' v !: . `Page 75 i:.` . . ' Q Okay; And other than the Bestwall name, can 2/ you recall any brand name or trade name that was . . . 3* ` associated with asbestos-containing topping compounds A made and sold by Bestwall between 1956 and 1965? 5 ' .A " ' 6/ Q No% \ . i. ` k.' *. . r . Okay. Other than the products for Bestwall 7; that we've just talked about for the period of 1956 to 8* 1965, can you recall any other types or brand names or .9' trade names of asbestos-containing products that were V ' , , _ 10 manufactured and sold by Bestwall?1 ^ 'll A Yes. ` ,, , n. - , .- 12- Q . Okay. What would those be, please? . 13 A Triple Duty., , - v ' 14' . Q And what kind of a product is Triple Duty?' 15 A It's a dry product that can be used for 16f taping and finishing of joints in drywall construction. 17 It can be used for texturing as well. . 18'; . 19 J 20 'y Q *\ * ` A; Q 21-'; compound.* 22 : A. Okay. Any others? Did we mention One Day joint compound? No,.we did not mention One Day joint Okay. . . , V 1 /- * 23. 24 , .. ' Q And what would One Day joint compound A ` Which are the dates -- oh, yes,'okay. 2'5 t \ Q . 1956 to 1965, Bestwall. '' " ` 800-333-2082 1 Resorted By; Sheryl L. Akerley, RMR Spherion Deposition Service* (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Med The Simmons Firm vs GA-Paciflc, et al C. William Lchnert .. 10/3/2001 Page 76 1 A Yes, I believe we would have had One Day ' 2. joint compound, so that would be another name. ' 3' Q Okay. Now, you previously testified that you ` 4 worked on the development of the Ready Mix joint . 5 compound. Is that correct? 6:, , A , Yes . '' \ , 7. Q And I believe you indicated that that was put 8 on the market in about 1965. Is that correct? . 9 A Yes, ' . 10. Q Okay. Was that before or after . 11 Georgia-Pacific acquired Bestwall? ' 12 .A I think we had started at least to do some 13 limited marketing prior to 1965. 14 Q Other tharf the Ready Mix joint compound that 15- was begun to be marketed in 1965, were all of the other 16 joint, compounds that contained asbestos that were made 17 and sold by Bestwall and by Certain-Teed of a dry 18 variety? I ' .. 19. . * A * I'm sorry, I didn't quite understand your 20 question. . .' * ", * 21 .Q Let me --you previously testified that Ready 22. Mix is different from other joint compounds because.it 23 comes with water already added, correct? ' 24' * A Yes. / . '; - .. ; , 25\ Q And other joint compounds come dry and have 800-333-2082 Reported By: Sheryl L, Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Faciflc, et at C. William Lehnert 10/3/2001 -' 1 to be mixed, correct? . ` ' . . Page77 . 2, . A 3: Q Yes. -; / '' ' Prior to 1965 when Ready Mix went on the 1 4 market, were all the other joint compounds that were made 5 and sold by either Certain-Teed from 1951 to 1956 and by 6!.: Bestwall from 1956 to.1965 of the dry variety that had to 7; be mixed with water? 8 . , A I don't understand the question. It was kind 9 of a complex question, .* 10 Q Okay. I'll break: it up. / u. A 12 > help. If. you can break it down for me, it would '.. '* . ; 13 ; . Q. From 1951 to 1956, Certain-Teed made and sold 14; asbestos.-containing joint compounds, correct? 15 .. . A Yes. . , . 16 ; ' Q Okay. Were any of those joint compounds of a ` 17 premixed type? ' '. 18 : ' A Prior to -- . '.. . . 19 ; Q . Between 1951 and-1956, 1 ;' 20 ; : ' a No. \ .' ' {- 21 ; ... ` Q Okay, Did they all come in a bag from 1951 to 22 :: 1.956? . . ' . `... ` 23. ' A No.' ' ` : ' . 24 ; ' 0 25' in? Okay. What kind of packaging did they come i ' '` : , ' 800-333.2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 .V Asbestos Litigation Filed The Sitnmons Firm vs GA-Faclflc, et al, C. William Lehnert 10/3/2001 O' iJ :: ... . - / . ` Page 78 i A Some came in. a box. 2' Q Okay. Was it always a dry product during that time period? .; - .- .. ' 4 ' .` A yes. '. ^ : . / - . 5f * _ .Q : Okay. For the period of 1956 to 1965, the 6` joint compounds that were made and sold by Bestwall that 7f contained asbestos, were any of those a pre mix variety? . 8 . ... A Prior to, 1965? ` > . 9; ;Q Prior to 1965. . . 10 A We may have had some early shipments of Ready 11 V Mix prior to 1965. I can't be sure of the precise date , ^ .. .. . . . '* ' .. 12 > when we began to market it. / . - , / 13 Q. Other than Ready Mix -- . , 14 15 : A Oh, other than Ready Mix.?' . -' Q, Other than Ready Mix, were the joint ; . 16 . compounds from 1956 to 1965 that were made and sold by 17 ' Bestwall a dry variety or.a pre mix variety? ` -- 18/; A You mean were the products -- say it one more 19 t time. I can't quite understand. .' 20 ; Q 1956 -- ' . /'. ' - . ' ' * * * ... 21 . A I understand the dates, yes. . 22 . Q . -- to 1965 :*;'/ -v ` V,/' V:. - *23 ?"> 24 . - A . Yes, I understand the dates. ; Q joint compounds that were made by V 25 Bestwall, other than Ready Mix, were those premixed j 800-333-2082 Reported By: Sheryl L. Akerley, RMR SpherlonDeposition Servlcei (704) 333-9889 Fox (704) 372-4593 ' .. . Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et a). . C. William Lehnert ' . 10/3/2001 J' ' .' ' ' ;' Pag 79 [ Ij products or were those dry products? . . 2< ' : * A They were dry products. , ' 3* Q Okay. And did they also corae in bags or ' 4 boxes? t , 5 A ( 6' .. ' ' .. . .*. Yes. *` MR. KOHLBURN: ` _ .* : ' Okay. That's ali I've got. 7 .- ; MR. BONO: Thank you. . ' 8 MS. -JOHNSON: Let's go off the video while 9 ' they switch seats, please.: ' . . . V* 10 THE VIDEOGRAPHER: We're going off record. 11 The time is 1:18 p.m. ' :. 12 . , {Recess - taken.) ,, . 13: THE VIDEOGRAPHER: We're back on the record. 14* The time is 1:31 p.m., beginning of Tape No. 2. * 15 . EXAMINATION . . 16 BY MR. WILL;: .- ' '. . . 17 >f ` Q Good afternoon, Mr . Lehnert. My. name is . 18 . Trevor Will. ITm here for Union Carbide Corporation. - I 19 have a couple of questions for you about some of the 20 things you've been asked about here previously today. 1 . .. - . , , __ ' * . ,. ' 21 / Would you take Exhibit B, which.is your 22 summary? And I notice on the right-hand side of that 23 exhibit there's a column, isn't there, where you've got '` v ' - . .-' ' ' . ' -'* .^ 24 "Comment" or "Comments"? . *' 25 ,* A; Comments, yes. ' . -. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spfcerion Deposition Services <704) 333-9889 , Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 : . , . . Page 80 I 1 Q And if we turn to the second page of Exhibit j 2 B, this is for the Akron, New York plant and the Chicago, 1 3 i Illinois plant, you have -- what does that say there? Is I - 4 that "Dow Resin"? . '^ 5. A Yes; ' > . ' ' *' `. 6 Q And there's ah asterisk there, is that 7. correct? . ' '' 8 A Yes. , ,' ' . ' * .. .9 . 10, .'Q Now, what is the significance of Dow Resin? A It was a formula that was marketed only .11. briefly and failed, and so that was the reason it was 12 only available for some number of months. 13 . . Q Okay. When you --and was Dow Resin an 14'. ingredient in these products? 15; A Yes. v ; ` ^ 16 *. i. Q When you say the product failed, what do you iV mean? . ' : :\ . ' 18 A . Well, it cracked after it dried and in some 19 cases fell away from the corner beads, and so we pulled ; ,20 it off the market. .. ',, 21 *\ Q Okay. If we go back to the first page of 22 Exhibit B in the "Comment" column under Acme, Texas for 23 the All Purpose products you have -- what have you 24' written there? ;` . 25-' . * A "Memphis only". ,. '- 800-333-2082 Reported By: Sheryl L. AJcerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704)372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lebnert 10/3/2001 Page 81 1 Q What's the significance of that comment? 2 A That formula was manufactured for the Memphis 3 market. 4 Q Only? : 5 A Only, 6 .Q So does that mean that the Union Carbide 1 SG-210 was included only in the All Purpose that was sold 8 in the Memphis market during those time periods? 9 . A ' Yes. 10 Q And was there other All Purpose product then 11 made at the Acme plant that did not contain Union Carbide 12 SG-210 asbestos? ; 13 A Yes. . 14 Q If we go down to Triple Duty under Acme, 15 Texas, and what have you written in the "Comment" there? 16 A "Denver.only". And then below that I.wrote 17 "Gardineer". IB Q What is the significance of "Denver only, 19 Gardineer"? 20 A The product was manufactured and shipped 21 strictly to Denver for Gardineer Drywall. It's a large 22 drywall company. 23 Q Now, does that mean there was other Triple 24 Duty made at the Acme, Texas plant during the October 25 5th, 1974 to April 22nd, 1976 time period that did not 800-333-2082 Reported By: Sheryl L, Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et at C. William Lehnert 10/3/2001 1 have Union Carbide SG-210 in it? Page 82 2 A Yes, that's correct. . . 3 Q And. I believe when Mr. Bono was asking you 4 some questions earlier I thought I heard you say that all 5 of the Triple Duty made at the Acme, Texas plant between 6 . October of '74 and April of '76 would have had Union ` 7 Carbide asbestos in it. If you said that, was that a 8 misstatement? 9 : MR. BONO: Objection to the form. ' 10 , THE WITNESS: I hope I didn't say that, 11 because that would have been a mistake. 12 BY MR. WILL: ', 13 Q Okay. : 14 A Because obviously it was only for -- only the 15 shipments that went to Denver that were for this one 16 drywall contractor was SG-210. * 17 Q Okay, So I'm clear, then, the only Triple 18 Duty out of the Acme, Texas plant that had Union Carbide 19 SG-210 was the Triple Duty that was sent to the Gardineer 20 contractor in the Denver area? . 1. 21 A Yes, that is correct. 22' Q The nextitem you have under Acme, Texas is 23 Speed Set. Is that correct? ~ 24 A Yes. ' 25 Q Now, wasSpeed Set made before June 29th of 800-33^2082 ` Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fox (704) 372-4593 Asbestos Litigation Filed The Simmons Finn vs GA-Paciflc, et al. C. William Lebnert 10/3/2001 1 1971? Page 83 2 A The reason I'm hesitating is the product 3 originally was called One Day, and One Day may have been . 4 made before 1971, and the name was later changed to Speed ' 5 Set. $ Q Did the-- do you know why the name was 7 changed? . 8 A No, I don't. 9 Q Okay. Was the formula, though, for the One 10 Day and the Speed Set, it was pretty much the same 11 product? , 12 A Yes. 13 Q All right. And so before June 29th of 1971, 14 whether this product was called'Speed Set or One Day, it 15 was made with asbestos other than Onion Carbide's? 16 A Well, I'm not sure it even contained asbestos 17 and I would have to consult the formulas to be sure. 18 Q Was Speed -- if I refer to it as Speed Set, 19 will you understand that includes One Day as well as 20 Speed Set? 21 A Yes. 22 Q Okay. Was Speed Set made at plants other 23 than Acme, Texas? /' . ' ' 24 A Yes. \ 25 Q Now, the fact that you do not have Speed Set y: : 800-333-2092 'v-' . -RenortedByrShei^L. Akcrley.RMR SpheilonOcpMttion Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et a). C. William Lehnert 10/3/2001 -- ---------------------------- ---------- ... ... ----------- --- --, . , Page 84 1 listed under any of the other plants would indicate that 2 you did not find any formulas that called for Union , 3 Carbide SG-210 in that product at those other plants. Is 4 that right? Jj 5 A That's correct. . 6 Q Okay. And if you wanted to know the years ; 7 when Speed Set or One Day was made you would go and look I 8 at the Georgia-Pacific formulas. Is that right? 1 9 A Yes. ' 10 Q And obviously you haven'tmemorized all of 11 that sitting here today, correct? . 12 A Not quite. 13 Q Okay. ReadyMix, the Ready Mix line, of 14 products was made starting you said in 1965, or maybe a 15 little earlier? . 16 A Yes. ' .` *' j 17 . Q . And it had asbestos in it up until May of [ 18 *77. Is that correct? 19 ' A Yes. 20 Q So prior to the time that the Union Carbide | '21 SG-210 asbestos was used in it, what type of asbestos was 22 used in it? 23 A Phillip Carey 7RF-9 was the primary asbestos 24 that was used. ., 25 Q And as I look at your Exhibit B I see that 800x333.2082 Reported By; Sheryl L.AkerIey,RMR Spherlon Depwltton Service* (704)333-9889 Fax (704)372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lebnert 1013/2001 Page 85 j 1 there are different dates for different plants when the 2 SG-210 was introduced into the Ready Mix, Would that be 3 correct? 4 A Yes, that's correct. 5 Q For example, Chicago began using SG-210 it 6 looks like in October of 1970? 7 A Yes. 8 Q Whereas Acme, Texas didn't begin using it in 9 Ready Mix until September of '71? 10 A That's right. 11 Q And so in Acme, Texas, then, until September 12 of '71 they would have been using the Phillip Carey or 13 the Johns Manville, or some combination of those? 14 A. Yes' , .... . ; 15 Q Mr. Bono asked you a series ofquestions 16 about the dates .that the different products were made in 17 the different plants. Do you remember that? . . 18 A Yes. 19 Q He pretty much wentthrough your exhibit 20 plant by plant and asked you about the products and the 21 dates, didn't he? 22 A Yes. ` 23 Q And the only question I had wassometimes he 24 made it a point of saying this product was made at this 25 particular plant for these particular dates with Onion ::V.,i: Reported By: Sheryl L. Akeriey, RMR 800-333-2082 Spherlon Oepodttoa Services (704) 333*9889 Fax (704) 3724593 o Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Leimert 10/3/2001 Page 86 1 Carbide asbestos, and sometimes he'd just say this 2 product for these dates. 3 Do you remember that difference, or am- I 4 confusing you here? 5. MR. BONO: Objection, relevance. 6 BY MR. WILL: 7 Q Let me --; . 8 A I don11 remember that ` 9 Q Okay. Let roe see if I can ask you a better 10 question. If we look-at Exhibit B, what you have tried 11 to do there is set out the dates that particular plants * 12 made particular products with formulas that contained 13 Union Carbide SG-210, is that correct? 14 A Yes. . 15 Q And certain plants may have made a product 16 that had Union Carbide SG-210 in it while another.plant 17 could have made that same product without Union Carbide 18 SG-210, is that possible? 19 MR. BONO: Objection, speculation. . . 20' THE WITNESS: I think we tried to -- outside 21 . the limits of these were the limits we gave for the 22 use of the SG-210 and we gave the exceptions, to 23 that. 24 BY MR. WILL: `\ '. ' 25. Q Right. What I'm-- let me see if I can focus 800-333-2082 Reported By: Sheryl L.Akerley, RMR Spherion Deposition Service! (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et al C. William Lehnert 10/3/2001 1 the question a little better. Page 87 2 A So we said all formulas contained SG-210 3 except -- 4 Q Right. And if they were making Ready Mix in 5 Acme,. Texas in June of 1970, they were making it without 6 Onion Carbide SG-210, is that correct? 7 A Yes. 8 Q Likewise, if they were making Speed Set or 9 One Day in Akron, New York, they were making it without 10 Onion Carbide asbestos? If we look at Akron, New York-- 11 A Yes, but the answer's no. 12 Q The answer's -- do you know whether they made 0 13 Speed Set in Akron? 14 A 15 Q 16 Chicago? It was not manufactured in Akron. In Akron. Okay. Was it ever manufactured in 17 A. No, it was not.- ' 18 0 19 Acme? Okay. Was it manufactured anywhere other than 20 A Other than -- 21 Q Speed Set -- 22 A Other than Acme? 23 0 --the product. Let me see if I can go back. 24 The product Speed Set or One Day -- __'25 A Yes. 1 __ 1 800-333-2082 Reported By: Sheryl L, Akeriey, RMR Spherion Deposition Services (704) 333-98B9 v>..-V Fax <704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al C. William Lehnert 10/3/2001 o i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ' 21 22 23 24 25 Page 88 Q --was that manufactured in plants other than Acme, Texas? A Yes.. Q Okay. But the only place where the records show that it contained Union Carbide SG-210 is the Acme, Texas plant? A Yes, that's correct. Q Okay. And for example, was Triple Duty, was that product made at places other than Acme, Texas? A Yes. Q And was it made in Akron? Not with the Union Carbide asbestos, l*m just asking in general, was Triple Duty made there? A I'd have to go back through the formulas to be sure. Q At which plants it was made. A. Yes. Q But you do know it was made at other plants? A Yes, I do. Q And since looking through your exhibit, Triple Duty is not listed as containing SG-210 at any plant other than Acme, Texas, is that correct? A Yes. . . . .' Q Okay. So to the extent Triple Duty was made at these other plants, it was made without SG-210? 800*333-2082 t Reported By: Sberyl L* Akerley, RMR * Spherlon Deposition Services (704) 333-9889 Fai (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 - Page89 1 A That's correct. ` 2 Q And that would be true for all of these 3 products? 4 '" MR. BONO: Object. Objection to the form of 5 the question. . 6 THE WITNESS: What do you mean by all these 7 products? 0 BY MR. WILL: 9 Q All right. Let me see if I can rephrase. 10 The -- you have listed the product under the plant where 11 it was made where the formula called for Union Carbide 12 SG-210, is that right? 13 A Yes. 14 Q But if the product was made at a different 15 plant without SG-210 you have not listed that on Exhibit 16 B, correct? 17 A That is correct. .v 18 Q All right. The other thing, that you put 19 some percentages of SG-210 on your Exhibit B, is that 20 right? 21 A Yes. 22 Q And is that percentage by weight or by 23 volume? 24 A That's a percent by weight. 25 v Q 600-333-2082 Okay. But you mentioned before that some of j Reported By: Sheryl L.Ak$rley,KMR Spherlon DepositionServices (704$ 333-9889 Fax (704) 372-4593 Asbestos Litigation FUed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 90 1 these products had more than one type of asbestos in 2 them, correct? 3 A Yes, 4 Q And you have not --; Exhibit B does not list 5 the other types of asbestos, does it? 6 A No, it does not. . 7 Q And it doesn't list the percentage of the 8 other asbestos, does it? . 9 A Yes, it does not. 10 Q Yes, it does not. Okay. 11 s 12 A Is that right? . Q All right. Well, for example. Speed Set had 13 Phillip Carey asbestos in it, didn't it? 14 A I'm not sure. I'd have to go back to the 15 formula to see whether indeed it had any asbestos at all 16 Q All right. Well, let me show .you, and this 17 is just by reference, it's just a page I grabbed. It's 18 A-119 out of the Exhibit A. 19 MS. JOHNSON: Speed Set? . 20 MR. WILL: Yes. 21 MS. JAGGER: A-197 22 MR. WILL: A-119. 23 BY MR. WILL: 24 Q And it has the number on it SGP for 25 identification 0018388. Is that right? -ai; .. ,. .. . :. 800-333-2082 Reported Byj Sheryl L. Akerley, RMR .,, Spfaerion Deposition Services (704)333-9889 ... ... Fax (704) 372-4593 Asbestos Litigation Filed Hie Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 1 A SGP 0018388, yes. Page 91 2 Q Right. And it's been hand numbered Exhibit 3 A-119? 4 A Yes. 5 Q All right. Now, that is a formula for Speed 6 Set joint compound from the Acme, Texas plant, is that 7 right? 8 A That's right. . 9 0 Dated June 29 of 197.1? 10 A That's right. ii Q And this shows SG-210 was in the product 12 formula/ correct? 13 A Yes. . 14 15 Q At half a percent of weight/ right? A That's correct. 16 Q . It also shows that Phillip Carey 7RF09 was in 17 the formula? 18 MR. BONO: Objection, relevance. 19 BY MR. WILL: 20 Q Is that correct? 21 A Yes, that's correct. 22 Q At 2.25 percent? 23 A Yes. ' . . . . -' 24 Q And when you put together your Exhibit B you 25 did not then list the percentages of other companies' Hmmmmhmb 800433-20*2 Reported By: Sheryl L.Akeriey,RMR Spherion Deposition Services (704)333-9989 = Fax (704)372-4593 I !0 Asbestos Litigation Filed The Simmons Firm vs GA-PflcMlc, et at C. William tehnert 10/3/2001 ' Page 92 1 asbestos that were in the products, is that correct? 2 A That's correct. 3 MR. BONO: Objection, relevance. 4 BY MR. WILL: ,, 5 Q Okay. You mentioned that in putting together 6 your Exhibit B you looked at, I think you said, hundreds 7 of pages of formulas. Is that correct? 8 A Yes. 9 Q Do you actually have a copy of all of the 10 formulas for Georgia-Pacific joint compound products? 11 A I believe I do, `. 12 . Q And can you give us an idea of how big a 13 volume of paper that is? 14 A Well, it's two of these big boxes. I don't 15 see one of the boxes here, but it's two of those boxes, 16 so I'm guessing it's somewhere in the neighborhood of 300 17 or more formulas. 18 Q When you say "boxes'', are you. talking about 19 what's called a banker's box of documents? 20 A Well, it's kind of a document box, yes. 21 ' Q Okay. About, what, two feet by two feet, 22 something like that? *` 23 A It's longer than it is wide, so -- 24 Q Okay. Three feet by two feet? 25 A I don't know what the exact dimension is. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 . Asbestos litigation Filed The Simmons Firm vs GA-Pacific, et al. C. WUIlam Lehnert 10/3/2001 ' 1Q . Page 93 I Okay. But anyway, they're both filled with 1 2 these formulas? . I 3 A Yes. 4 Q And what we've produced today in Exhibit A 5 is -- can you tell me how many pages that is of formulas 6 there? 7 A I haven't counted them, no. 8 Q They're numbered. All you have to do is look 9 at the last page. 10 A - Oh, 123. 11 Q Pages of formulas. Were the -- when a 12 formula was changed slightly there would be a revision 13 issued, is that correct? 14 A Yes. 15 , Q Okay. So that in Exhibit A, what, there are 16 formulas that may have only been in effect for a very 17 short period of time and then been replaced by another 18 one? 19 A 20 Q IYes. And what you have done in Exhibit B is to try 8 21 to distill or summarize the time period covered in total 22 by all of those formulas, is that right? 23 Maybe I can rephrase the question. When you 24 put Exhibit B together did you go through the documents 25 that have been marked as Exhibit A, or were you working 800-333-2082 ReportedBy: Sheryl L. Akerloy,RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Psciflc, et ai. C. William Lehnert 10/3/2001 1 off of your own documents at home? Page 94 2 A I was working off of the large volume of ` 3 formulas that I have. 4 Q So you used your boxes at home, not Exhibit 5 A? 6 A Yes. 7 Q You mentioned a lab note with respect to the 8 Milford, Virginia document --> plant, rather, and also a 9 lab document with respect to the Marietta, Georgia plant. 10 Do you know whether those documents are in Exhibit A, or 11 are they something different? 12 A They're something different, 13 Q Okay. In Exhibit A there are'--I think the 14 first page is a good example. There are some documents 15 that have handwriting on 'them. Do you see that? 16 A Yes. ' 17 Q And do you know whose handwriting that is?. 18 A No, I can't be sure. 19 Q Okay. Could I see the exhibit for just a 20 second? Thank you. ' 21 Could you -- the first page, A-l, which has a 22 number on it, SGP 0017274, do you know what the 23 significance of the handwriting Is at the bottom of that 24 page? ' , ^ 25 A I don't. I looked at these and I was not 800-3334032 Reported By: Sheryl L. Akertey, RMR Spberion Deposition Sendees (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padfic* et aL C. William Lehnert 1 sure.what the author had in mind when he put this 10/3/2001 --i Page 95 2 information down, 3 Q Okay, So in terms of your relying on those 4 documents, you would stick with the printed or the typed 5 material as opposed to the handwritten material? 6: A Insofar as the asbestos amounts? 7 Q Yeah. Yes, . 8 A Yes. 9 Q Okay. If you'd look at Exhibit B again in - 10 on the second page, the Akron, New York plant where it 11 talks about Ready Mix, I wanted to make sure I understood 12 your note after the Ready Mix. And did I understand you 13 to say correctly that in December -- on December 29th-of 14 1969 the first formula was changed to include .some 15 SG-210? . 16 A Yes. . 17 Q . But that up until September 7 -- September of 18 1970, most of the Ready Mix products from Akron, New York 19 used exclusively the Phillip Carey 7RF09? 20 A Yes. .' 21 Q And then starting in September of 1970, all 22 available formulas used some Union Carbide SG-210? 23 A Except for asbestos-free. . 24 ` Q Except for asbestos-free.` Okay. So that i 25 most of the Ready Mix products made prior to 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (794) 333*9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et ai. C. William Lehnert 10/3/2001 Page 96 1 September *70, September 1970 in Akron, New York would 2 not have contained SG-210. Is that correct? 3 A Yes. The first products that contained it 4 were manufactured on December 29th, 1969. 5 Q Right. But for the next nine months you said 6 most of the Ready Mix products did not have the SG-210. 7 Is that correct? 8 A For the next nine months? 9 Q Yeah, up until September of 1970. 10 A I see. Yes. There may have been -- 11 virtually all it says. 12 Q Right. . 13 A And so I assume that there was an overlapping 14 here. ;. 15 Q ' Right. And if we wanted to know exactly 16 which product formulas did and which ones didn't, we 17 should go back to Exhibit A and look at the individual 18 Ready Mix formulas for Akron? 19 A I don't know if X understand the question. 20 . G All right. Let me see. If I wanted to know 21 when SG-2-- well, let me back up and ask a different 22 question. How many different Ready Mix products were 23 there or formulas, were there? . 24 A I don't think I know exactly, but there were 25 some number of different Ready Mix formulas. 800433-2082 Reported By: Sheryl L. Akertey, RMR Sphcrton Deposition Services (704) 333-9889 Fax (704) 372*4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 10/3/2001 Pago 97 1 Q All right. And if we wanted toknow when 2 SG-210 was introduced into any one particular formula we 3 should go back to Exhibit A and look carefully, or should 4 we go back to your documents and look carefully? 5 A Well, Ithink this documenttellsyou which 6 formulas were used in it. Is that your question? 7 Q No. 8 A No. 9 Q Let me see if I can try again. As I 10 understand your note/ I believe you testified under 11 Akron, New York, you said that some formulas got SG-210 12 in December of 1929 -- excuse me. Let me try again -- 13 December 29th, 1969 -- . 14 A Yes. . 15 Q --but that most of them did not contain 16 SG-210 until September of 1970. 17 A. Yes, I think that's correct. 18 Q Okay. And if I wanted to know which formulas 19 had SG-210 as of December 29th, 1969, I should look at 20 the formulas themselves? 21 A Yes. -' 22 Q All right. You were asked a question about 23 whether product was shipped from one area -- from a plant 24 in one area to a region that was typically served out of 25 another plant. Do you remember that question? 800-333-2082 Reported By: Sheryl L. Akertey,RMR Spherion Deposition Services (704) 333-9889 . Fax (704) 372-4593 Asbestos litigation Filed The Slmmons FIrm vs GA-PaciGc, et aL C. William Lehnert 10/3/2001 : X A Yes. Page 98 2 Q And you said that it would happen sometimes. 3 A Yes. ' ' ' . _ .. . ` 4 Q' Do you know whether it was usual or typical 5 for it to happen, or was it unusual? 6 A It depended on the product. 7 Q Okay. Were there hard and fast geographic 8 lines where one plant was supposed to serve and not go 9 outside of its area, or were distributors free to sell 10 wherever? 11/ A I don't know of anything like that. 12 . Q Okay. Do you know the circumstances under 13 which product from one plant might be sent halfway across 14i the country 9 15 A Yes. ' ;7 .. . 16 17 . ' Q Okay. What were some of those circumstances? A. ' Well, take for example, Acme made polystyrene 18 texture and they were the only ones that manufactured 19 polystyrene texture'. In fact they manufactured most of 20 the textures, and so they would ship them to the other 21 plants so that the textures then could be marketed along 22 with the products that they had* 23 What about something like Ready Mix, would 24 that sometimes be sent to-a different region? 25 A I don't know of any instance where Ready Mix 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spberton Deposition Services (704) 333-9889 Fax (704) 3724393 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et aL C. William Lehnert 10/3/2001 1 would have been shipped to a different region. Paso 99 2' Q So the time, the occasions when a product 3 would be sent from one region to another would generally 4 be when a plant in the other region didn't make that 5 product, or there was a shortage of it, something like 6 that? 7 A I don't know about shortages, but where they 8 didn't manufacture the product, why, they would get it 9 from a plant that did. 10 Q That did, okay. Do you know where the 11 boundary line was between the Chicago plant, for example, 12 and the Acme, Texas plant? 13 A No, I don't. 14 Q Or any of the plants? 15 A No. 16 -Q In terms of the volume of asbestos, what was 17 the biggest supplier of asbestos.to Georgia-Pacific for 3.8 use in the joint products? 19 MR. BONO: Objection, foundation. 20 THE WITNESS: I don't know. 21 BY MR. WILL : ' . .... . ' 22 Q : Okay. Do you have any way of comparing how 23 much Union Carbide asbestos was purchased versus how much 24 Phillip Carey asbestos was purchased? 25 MR. BONOJ Objection, relevance. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704)333-9889, ./ Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Finn vs GA-Padflc, et al. C. William Lehnert 10/3/2001 . Page 100 1 A No. . 2 Q Okay. Do you know in terms of all the 3 formulas -- never mind. 4 Was there a procedure in manufacturing that 5 permitted variations from the formulas? That is, could 6 the product be made with a change from the approved 7 formula under certain circumstances? ' 8 A No. 9 Q Did --. do you have any sense of what quantity 10 of product was made for any of the formulas that you have 11 set out in Exhibit B? ` 12 A No, I do not. 13 MR. WILL: Okay. I think that's all I have 14 for you right now, Mr, Lehnert. Thank you very 15 much. 16 . MS. JOHNSON: Let's go off the video, while we 17 switch seats, please. 18 THE VIDEOGRAPHER: Going off record. The 19 time is 2:00 p.m. . 20 (Brief break.) . 21 THE VIDEOGRAPHER: Back on record. The. time 22 is 2:07 p.m. ^ ^ 23 . . ' ; ; EXAMINAT ION 24 BY MS* GEISE: ' ' V ' ' : : .'; : 25 Q Good afternoon, Mr. Lehnert. My name1s Betsy Reported By: Sheryl L. Akerley, RMR 800-333-2082 ....... ........ Spherion Deposition Services <704) 333-9889 Fax <704)372-4393 Asbestos Litigation Filed Hie Simmons Firm vs GA-Fadflc, et at C. William Lebnert 10/3/2001 1 Geise. I'm from the firm of Shea & Gardner in Page 101 2 Washington, D.C. and I'm here for Certain-Teed 3 Corporation, ' 4 When you were hired by Certain-Teed in 1951 5 it was as a chemist, correct? 6 A It was what? ` 7 Q As a chemist, correct? 8 A Yes, that's correct. 9 Q And in 1956 when Bestwall Gypsum corporation 10 was created, I believe your testimony was that you were, 11 quote, still a chemist, correct? 12 A Yes, that's correct. 13 Q And your primary responsibility in 1951 and 14 1956 and during your employment for Bestwall Gypsum 15 Corporation was in creating and keeping track of the 16 formulas for products manufactured by those companies, 17 correct? 18 A I don't think that's accurate. 19 Q Why don't you tell us what your main 20 responsibilities were? . 21 A It was formulating joint compounds that would 22 be acceptable in the marketplace. 23 Q . Arid that was your job between 1951 and 1956? 24 No. I started that in the early fifties, I 25 started working on joint compounds, and about 1955 was 800-333-2092 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 I o -ll 1 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 Page 102 1 given that responsibility to formulate --.it may have 2 earlier.- It may have been 1954 -- the joint compounds at 3 the request of the Sales Department. . 4 Q And then between 1954 and 1956 when you went 5 to work for Bestwall your job was formulating the 6 formulas for the products that were manufactured by the 7 company, correct? ` 8 A Well, it didn't really change. 9 Q And that job didn't change between '56 and 10 '65, did it? * 11 A . No, it was pretty much the same throughout 12 that whole time. ' 13 Q You were never an officer of Certain-Teed 14 Products Corporation, were you? 15 A No, I was not. v 16 Let me back off. You said *65. I'm sorry, 17 we have to go up to '50 to | 60. My job didn't change 18 until 1960. . 19 Q In 1960, why don't you tell us what your job 20 change was? 21 A All right. It was--they created a small 22 Research Department and I was the working group leader. 23 Q But you were never an officer of Certain-Teed 24 Products Corporation, were you? 25 A Yes, I was never an officer. . 880-333-2082 > Reported By: Sheryl L. Akerley, RMR Spherloa Deposition Services (704) 333-988$ Fax (704) 372-4593 I o Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, etal. G William Lehnert 10/3/2001 ' , - Page103 1 Q And you were never an officer of Certain-Teed 2 Bestwall Sales Corporation, were you? 3 A No, I was never an officer of that-- 4 Q Or of Bestwall Gypsum Corporation? 5 A Never. 6 Q And you were nevera director of any of those 7 three corporations, were you? 8 A That's correct, Iwas not. 9 Q And you never attended any board meetings of 10 any of. the those corporations, did you? 11 A No, I did not. 12 Q And you were not familiar with the minutes of -13 board meetings of those corporations?- 14 . A I was not. 15 Q And you're not a lawyer, are you? 16 A No, l*m not. 17 Q Thankfully. 18 Now, are you familiar with the separation 19 agreement in 1956 between Certain-Teed Products 20 Corporation and Bestwall Gypsum Corporation? 21 A No, I'm not. . 22 Q You weren't involved in negotiating that 23 Separation agreement, were you? ' 24 A No, I was not. . 25 Q And you weren't involved at all in drafting 800*333-2082 Reported By: Sheryl L. Akorley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et aL C. William Lehnert 10/3/2001 X it? i Page 104 2 A That's correct, X was not. 3 Q And you weren't involved in carrying it out, 4 were you? 5 A No, X was not. 6 Q And you don't know the financial arrangements 7 whatsoever between Certain-Teed Products Corporation, 8 Certain-Teed Bestwall Sales Corporation and Bestwall 9 Gypsum Corporation, do you? 10 A That's correct, I do not. 11 Q Now, you testified that a man named 12 Mr. Shuttleworth was your supervisor at Certain-Teed 13 Products Corporation? 14 A My first supervisor was Gilbert Hoggatt. 15 Q Correct. And was Mr. Shuttleworth your 16 supervisor after Mr. Hoggatt? 17 A . Yes. . 18 Q And was he your supervisor when you were at 19 Certain-Teed? ' 20 A Let's see. I can't remember exactly.when 21 Mr. Hoggatt was transferred to a different position and 22 then I reported to Mr. Shuttleworth, but -- so I don't 23 know whether it was before *56 or after '56. 24 Q And Mr. Shuttleworth, however, was your, 25 supervisor when you worked for Bestwall Gypsum Company? ' * Reported Byj Sheryl L-AkerIey,RMR 800-333-2082 Spherlon Deposition Services (704) 333-9889 :;v Fax (704) 372-4593 Asbestos Litigation Filed TheSimmons Firm vs GA-Paclflc, rt-aL C. William Lehnert 10/3/2001 1 A Yes * Page 105 2 Q And Mr. Shuttleworth wasalso your supervisor 3 when you worked for Georgia-Pacific, correct? 4 A Yes. ' 5 Q So he, like you,followed the business? 6 A Yes. That went up to 1967. 7 Q You testified, X believe, that when you . 8 worked for Certain-Teed -- which was 1951 to '56, 9 correct? 10 A That's correct. 11 . Q -- that the fiber, the asbestos fiber, that 12 was used in the products was purchased either from 13 Phillip Carey or Johns Manville Corporation, correct? 14 A Yes. : 15 Q And that fiber was all chrysotile or white 16 fiber, correct? 17 A . That is correct. . 18 Q One final question. Mr. Kohlburn led you 19 through a whole long list of products from Certain-Teed's 20 Gypsum Division from 1951 to 1956. bo you remember that 21 list of products? 22 A Yes. . 23 Q And just to make sure that the record's 24 clear, you can't think of any product that he named --' 25 that he did not name that was produced by Certain-Teed's 800-333-2082 Reported By: Sheryl L. AkerieyRMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 I o Asbestos Litigation Filed The Simmons Finn vs GA-Paclfic, et at C. William Lehnert 10/3/2001 Pago 10(5 1 Gypsum Division between 1951 and '56 that contained' 2 asbestos? 3 A Would you ask that question again? I'm not 4 sure I follow it. 5 Q You went through a long list of products with 6 Mr. Kohlburn, remember, joint compounds-- 7 A Yes. 8 Q -- joint finishers, patching' plasters, 9 acoustical,-et cetera? . 10 A Yes. 11 Q Is there anyproduct that you can think of 12 between 1951 and 1956 that Certain-Teed's Gypsum Division 13 made that contained asbestos that you haven't told us 14 about today? 15 A We talked about some possibilities that I 16 said I would have to check the formula for. 17 Q . Right. ` 18 A Some textures. . . 19 . Q Right. There were things you weren't sure 20 whether they contained asbestos? 21 A Yes, yes. 22 ' Q But can you think of any other type of 23 product between 1951 and 1956 that contained asbestos 24 that Certain-Teed manufactured through its Gypsum 25 Division? ' 800-333-2082 Reported By! Sheryl L. Alterley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation FUed The Simmons Firm vs GA-Pactfic, et at C. William Lehnert 10/3/2001 1 A I can't think of any. Page 107 2 MS. GEISE: Thank you. I don't have any 3 other questions. 4 , MS. JAGGER: Do you have followup? I have 5 three questions. 6 MR. BONO: I don't know if anybody else has 7 got further cross before we go. 8 EXAMINATION . 9 BY MS. JAGGER: 10 Q Mr. Lehnert, through the course of the . 1 11 deposition today you've been asked some questions about I 12 acoustical plaster. Acoustical plaster is not a product 13 that you have listed on Exhibit B, is that right? . 14 A That's correct. 15 . Q : Okay. Did Certain-Teed Corporation ;: 16 manufacture acoustical plaster during the years that you 17 worked for them? 18 A I can't be sure exactly the dates, but there 19 was some acoustical plaster manufactured through the 20 Certain-Teed Bestwall dates. 21 Q Did Georgia-Pacific ever manufacture 22 acoustical plaster? ' 23 A No, they did not. I 1 24 MS. JAGGER; That's all my questions. ` I 25 MS. JOHNSON; Anybody else? 800-333-2082 Reported Byi Sheryl L. Akerley, RMR .... Spherlon Deposition Services (704)333-9889 Fax (704)372-4893 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 108 1 MR. BONO: Yeah, just one, I think, or one 2 little series. 3 EXAMINATION 4 BY MR. BONO: 5 Q Mr. Lehnert, again going back drawing your 6 attention to the *51 to *56 timeframe, did Certain-Teed 7 Products Corporation invent and patent a product called 8 Firestop? 9 MS, JAGGER: Objection. 10 MR. BONO: I understand your objection. She 11 opened the door to it, though. 12 MS, JAGGER: No. . 13 . MR. PLOTNER: No. 14 MS. GEISE: No, I did not. I . . 15 MR. BONO: Yes, you did-- 16 MS. JAGGER: No. Off the record. 17 . MR. BONO: -- because it contained asbestos. 18 You asked about whether or not they made any other 19 asbestos-containing products. 20 MS. JAGGER: No, no. . . 21 MR. BONO: Hold on. You asked about whether 22 or not they manufactured any other 23 asbestos-containing products, and they did get a 24 patent on a product called Xboard or Firestop that 25 contained asbestos. You asked him. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 ' Fax (704) 372-4593 I o ) Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 109 1 MS. GEISE: I asked him if they manufactured 2 it. 3 MR. BONO: Well, you opened the door. I'm 4 going to ask the questions. It's only '51 to '56. 5. MS. JAGGER: Counsel, I'm going to let you 6 proceed until I say no. 7' MR.. BONO: Okay. I agree, 8 BY MR. BONO: 9 Q Going back, sir ;-- I'll have to start all 10 over again -- between 1951 and 1956, did Certain-Teed 11 Products Corporation invent and patent a product that was 12 marketed around the term of Firestop Wallboard? 13 MS, GEISE: Objection, compound. 14 A Yes. 15 Q Okay. Well, let's straighten out the 16 compound question. Did they invent a product called 17 Firestop Wallboard, Certain-Teed Corporation? 18 A Yes. - ,. . 19 . Q Did they patent a product called Firestop 20 Wallboard? . '- 21 A Yes. 22 'Q Did the original patent for Firestop 23 Wallboard call for the use of asbestos fibers? 24 / v . a ' Yes: \ ,' . v ; . ' . 25 Q Did the Firestop Wallboardcontain 800-333-24)82 Reported By: Sheryl L. Akerley, RMR SpherionDeporition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al, C. William Lehnert 10/3/2001 1 Vermiculite from *51 to 156? ' Page 110 2 MS. JAGGER: Objection, no. That is by our 3 agreement something that was not going to be 4 discussed. 5 MR. BONO: I moved to *5.1 to '56. 6 .. MS. JAGGER: That doesn't matter. I mean, 7 you asked about asbestos. I mean, we had an 8 agreement that Firestop would not be discussed, and I 9 if your intention is that the door was opened | 10 because of the comment about asbestos fiber, then | 11 ask about, as you have been doing, the patent and 12 the marketing with asbestos, but Vermiculite by 13 agreement :-- . . .14 MR. BONO: Pursuant to my agreement with you, B 15 I will not inquire any further regarding the 16 Vermiculite in Firestop. 17 MS. JAGGER: Thank you. 18 MR. BONO: That's all I have. 19 MS. GBISE: I want to take a break. ' 20 MR. BONO: I don't want.a break. Let's go. 21 I'm done. . .' 22 EXAMINATION 23 BY MS. GEISE: . . '" 24 Q Mr, Lehnert, between 1951 and 1956 did 25 Certain-Teed ever market Firestop with asbestos fibers in | 8003332082 Reported By: Sheryl L. Akerley, RMR Spherlon Reposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 10/3/2001 1 it? Page 111 2 MR. BONO: Objection, foundation. 3 A No. 4 Q And how do you know that? 5 A Because I was there and witnessed the. events 6 that occurred with the patents and the marketing of the 7 Firestop products. 8 Q And can you explain in a little more detail? 9 A All right. The first patent was Mr. Croce's 10 patent and it contained asbestos. And almost on the 11 heels of that, why Mr. Shuttleworth and Mr. Croce jointly 12 came up with the use of fiberglass in lieu of asbestos to 13 manufacture a type X or Firestop board, and it was that 14 product --- the other product never went through any 15 building codes and got acceptance or was marketed, 16 whereas the fiberglass board was, and there were further 17 patents that were prosecuted with the glass fiber in, and 18 that was the board that was ultimately manufactured. 19 Q So as marketed by Certain-Teed Products 20 Corporations, Firestop was asbestos-free, correct? 21 MR. BONO: Objection, foundation, and we're 22 going to be getting into the issue that Vermiculite 23 . . came from Libby, Montana -- 24 MS. JAGGER: Okay. I think that -- 25 MR. BONO: --was added from W.R. Grace which 800-333-2082 ' Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 o 3 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 Page 112 1 ` was contaminated with tremolite asbestos, so -- 2 MS. JOHNSON: Move to strike. 3 MS. JAGGER; I think that our record is clear 4 enough without the last question, so if counsel will 5 withdraw that question, I believe we will be -- 6 MS. GEISE: 1*11 withdraw the question. 7 MS. JAGGER: Thank you. 8 MS. GEISE: Thanks very much, Mr. Lehnert. 9 EXAMINATION 10 BY MR. BONO: . 11 Q Mr. Lehnert, when you testified that there 12 were no asbestos fibers in the Firestop board from *51 to 13 '56, I'm assuming you meant that they added no asbestos 14 fibers to the mix. Is that correct? 15 A I don't -- Idon't reallyunderstand the 16 question. 17 Q Okay. Did youjust testify thatthey did not 18 market Firestop between *51 and '56 with asbestos in it? 19 A Yes. 20 Q Okay. 21 MS. JAGGER: Let's just stop here for a 22 moment. This is .-- 23 MR. BONO: . I can't let the question the way 24 it stands stand as part of the record, 25 MS. JAGGER: All right. Ask the question was 800-333-2082 Reported By: Sheryl L.Akerley,RMR Spherfon Deposition Services (704) 333-9889 Fax (704) 372-4593 I Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 Page 113 1 the patent -- the product as patented with asbestos 2 fiber ever marketed according to that patent. 3 MR. BONO: No, that's not the question. 4 MS. JAGGER: Because that's what he answered 5 to her, that that is not -- that it was not 6 marketed, and she withdrew the other question. 7 MR. BONO: She phrased her questions as to 8 whether or not the asbestos board had asbestos 9 fibers in it. 10 MS. JAGGER: No, I think that was her last 11 question that .I asked her to withdraw. 12 MR. WILL: Could he answer the question 13 whether the asbestos fiber was an ingredient? 14 MS. JAGGER: Yes, if you want to put it that 15 way, a constituent, or however, something like that, 16 but not -- . 17 MR. WILL: In the formula, an ingredient. 18 MR. BONO: That was the original question 19 that I asked and he couldn't answer it. So let me 20 rephrase the question again. . 21 MS. JAGGER: He just didn't understand it. 22 MR, BONO: Okay. 23 BY MR. BONO: i 24 Q Between 1951 and 1956 was the Firestop 25 Wallboard manufactured.and sold with added -- strike 800-333-I0M Reported By: SheryiL.Akeriey, RMR Spherion Reposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons firm vs CA-Paclflc, et aL C. William Lehnert 10/3/2001 1 that. Page 114 2 Between 1951 and 1956<wa3 the Firestop 3 Wallboard manufactured and sold with asbestos fibers as a 4 constituent? : 5 A No. 6 `Q As an added ingredient in the Firestop . 7 Wallboard? 8 A No. 9 Q Between 1951 and 1956 was Vermiculite a 10 constituent of Firestop Wallboard? 11 MS. JAGGER: Object. No, that*s where our 12 agreement kicks in. that we agreed not to discuss 13 today. 14 MR. BONO: Okay. 15 MS. JOHNSON: Thatfs it? 16 THE VIDEOGRAPHER: That concludes the video 17 deposition of C. William Lehnert The time is 18 2:22 p.m. We're off record. 19 , , : -. 20 . (Thereupon, at 2:22 p.m.. the deposition was. 21 concluded.) * 22 . '' . -' 23 24 . 25 ' ' ,' 800-333-2082 ; Reported By: Sheryl L. Akerloy* RMR Spherton Deposition Services (704) 333-9889 ^ Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. .' C. William Lehnert 10/3/2001 1 2' 3. 4 5 '. '' ' * ` ; --V . :' . : CERTIFICATE OF OATH : ;: ' . Page 115 . = . ': 6 STATE OF FLORIDA ) : .. . _ ) 7 COUNTY OF LEE ) 8, . ' ' ', ' :' 9 1/ the undersigned authority, certify that C. . 10 WILLIAM LEHNERT personally appeared before me and was' 11 duly sworn. 12 13 WITNESS my hand and official seal this 6th day of 14 October, 2001. 15 16 17 . 18 ' ' ` 19 20 21 . 22 23 24 1 ` 25 : Sheryl L. Akerley, RMR ; Notary Public, State of Florida My Commission No. CC954774 Expires: August 15, 2004 800-333-2082 . ReportedBy; SberylL. Akerley.RMR : Spherion Deposition Service! (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et at .. C. William Lehnert . 10/3/2001 1 . ;. REPORTER'S DEPOSITION CERTIFICATE . 2` 3 . . . ' : . ' ' 4 STATE OF FLORIDA ) * ; ) `' ' * 5 . COUNTY OF LEE 6 .. . . .} /1 . * , , ` 7 I, Sheryl L. Akerley, RMR, certify that I was . 8 \ authorized to and did stenographically report the 9 deposition of C. WILLIAM LEHNERT; that a review of the 10 transcript was requested; and that the transcript is a 11 true and complete record of my stenographic notes. ' 3.2 . ' ' - .` '. 13 4 I further certify that I am not a relative, 14 . employee, attorney, or counsel of any of the parties, nor 15 am I a relative or employee of any of the parties' 16 attorney or counsel connected with the action, nor am I 17 financially interested in the action. :* . 18 . . 19 Dated this 6th day of October, 2001.. ` . 20 . 21 ; V ' . ` ' ' _________ 1 ' ' , ; - _________ . . . Sheryl L. Akerley, RMR ... 22 \ .. 23 ;. ... .' ` ''; . - t .. .'" - . . , ' .* f ... 24 25 ' ' > * '. t: 800*333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 , Fax (704) 372-4593  . o ( Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et aL C. William Lehnert 10/3/2001 Page 117 1 ERRATA SHEET 2 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE 3 In Re: All Asbestos Litigation vs. Georgia-Pacific 4 Page/Line Correction/Change 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Under penalties of perjury, I declare that I have read my deposition and that it is true and correct subject to any 23 changes in form or substance entered here. 24 Date: C. WILLIAM LEHNERT 25 800433-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 i o Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. WilMam Lehnert 10/3/2001 Page 1 able 13:17 18:8 25:3 about 6:18 10:20 13:23 19:20 33:20 42:847:8 53:14 70:22,24 72:18,21. 73:19,20 75:7 76:8 79:19,20 85:16,20 92:18,21 95:11 97:22 98:23 99:7 101:25 106:14,15 107:11 108:18,21 110:7,10,11 absolutely 39:14 46:12 71:23 absorb 13:16 ACandS4:6 6:10 acceptable 101:22 acceptance 111:15 access 21:3 according 113:2 Accoustlc 74:12,13 accurate 59:21 60:2 60:3 101:18 Acme 27:7 29:8,11 30:19 33:6,8,16 43:24 45:14 46:1 47:451:252:15,16 52:19 53:5 58:12 80:22 81:11,14,24 82:5.18,22 83:23 85:8,1187:5,19,22 88:2,5,9,2291:6 98:17 99:12 Acoustic 71:16 acoustical 18:147:12 48:2,3,4,4 49:3,12 71:9,15,2174:5 106:9 107:12,12,16 107:19,22 acquired 68:25 76:11 . acquiring 68:8,14 across 98:13 action 116:16,17 actively 69:1 actual 51:20 actually 16:24 92:9 added 76:23 111:25 112:13 113:25 114:6 adding 56:2 addition 20:18 37:23 38:1 additional 38:7 adhere 52:3 adhesive 31:20 34:8 50:21,24 51:24,25 52:1 adjusted 24:13 admitted 24:5 advance 7:7,21 18:21 advantage 50:23 advertise53:17 advertising 64:12 afTectSl:12 after 17:13 31:12 41:22,25 42:17 76:10 80:1895:12 104:16,23 afternoon 43:19 79:17100:25 again6:21 8:12 33:20 36:7,9 46:12 51:1754:555:11 55:23 61:7 64:15 67:5 73:17 95:9 97:9,12 106:3 108:5 109:10 113:20 aggregate 30:24 47:16,1749:15,16 49:20 agree 23:4 109:7 agreed 22:16114:12 agreeing 23:13 agreement 6:24 103:19,23 110:3,8 110:13,14 114:12 ahead 23:18 Akerley 1:19 5:9 115:18116:7,21 Akron 29:15,17 30:7 31:1634:25 35:2,5 35:9,14,16 36:16 46:10,14 50:8. 51:22 52:12,16,16 52:2253:2,7,21 54:3,6,14,1480:2 87:9,10,13,14,15 88:1195:10,18 96:1,18 97:11 al 1:7 4:7 5:8 alive 12:17 17:14 Allen 2:23 alls 56:15 almost 111:10 along 98:21 ' already 44:10 72:7 72:1176:23 although 7:12,23 8:1 always 12:616:7 28:12,12,23 29:1 assistance 10:12 28:1278:2 30:20 31:2,17,23 associated 73:25 amount 34:6 32:4,15,25 33:9,13 74:18 75:3 amounts 31:23 32:10 33:17,22 34:1,2 Associates 4:11 32:2095:6 35:3,6,9,11,15,17 assume 13:9 35:21 another 12:1155:8 35:21,24,25 36:6 96:13 55:19 61:25 76:2 36:17,19,2437:4,7 assuming 112:13 86:16 93:17 97:25 37:1138:15,22 assure 23:19 99:3 39:3,10,2140:2,13 asterisk 80:6 answer 48:13 55:16 41:1642:2146:2 Atlanta 2:9 3:9,17 67:22113:12,19 46:1947:5 48:10 attempt 23:6 answered 113:4 48:1849:3 50:5 attend 11:8,10 answer's 87:11,12 51:4,9,1652:9,19 attended 103:9 anybody 107:6,25 52:24 53:10,24 attention 24:16 33:5 anyone 8:1140:16 54:9,23 55:6,15,21 . 34:24 108:6 66:15 56:7,12,18,22.57:6 attorney 116:14,16 anything 20:19 57:18,21,2458:6 attorneys 7:19 9:5 98:11 59:1270:4,2174:1 19:14 40:20 59:9 anyway 93:1 76:1678:781:12 August 9:24 115:19 anywhere 87;18 82:7 83:15,16 Australian3:22 apologize 41:3 84:17,21,21,23 authentication 7:3 apparently 68:17 86:1 87:10 88:12 author 95:1 appear 20:14 90:1,5,8,13,1592:1 authority 115:9 appearance 24:2 95:6 99:16,17,23 authorized 116:8 APPEARANCES 99:24 105:11 106:2 available 36:24 2:13:14:1 106:13,20,23 37:20 38:2,24 appeared 115:10 108:17,25109:23 39:1780:12 95:22 appearing 9:8 110:7,10,12,25 Avenue 2:4,19 3:4,13 appears 27:22 28:1 111:10,12 112:1,12 3:22 29:3 112:13,18 113:1,8 aware 9:11 applied 13:18 47:16 113:8,13 114:3 away 80:19 47:18 52:2 117:3 A-l 27:7 94:21 apply 48:1 asbestos-containing A-1I9 90:18,22 91:3 appointed 14:16 4:24 35:12 38:20 A-19 90:21 approved 100:6 69:11,15,2270:16 a.m 1:14 5:3 21:14 approximately 18:7 70:1771:1,4,8,14 21:1740:23 18:8 71:20,25 72:4,9,15 AP 5:7 April 45:25 46:4 50:3,3 81:25 82:6 72:23 73:2,6,10,15 73:2274:5,14,19 ' B Ardmore 63:9 74:23 75:3,9 77:14 B4:24 24:16 25:12 area 10:1 29:10,15 108:19,23 25:15 28:15 29:3 29:20,2530:5 asbestos-free 34:1 31:1,22 32:933:5 82:20 97:23,24 35:11,1737:138:2 35:19 38:1340:11 98:9 38:2440:8 53:13 41:14 44:3 45:4,19 argument 22:11 . 53:14,16,17,20 49:14 51:11 79:21 Army 11:13 58:1 95:23,24 80:2,22 84:25 around 15:15109:12 111:20 86:10 89:16,19 arrangements 104:6 asked 10:13 11:1 90:491:2492:6 asbestos 1:4 5:6 7:2 13:9 36:8 38:5 93:20,24 95:9 7:59:1410:15 79:2085:15,20 100:11107:13 13:12,14,16,18 97:22107:11 Bachelor 11:19 15:1718:4,5,9,12 108:18^21^25 109:1 back 8:16 21:16 24:2,6 25:1,6,17,20 110:7113:11,19 40:2542:11,12 25:2226:4,7,13,16 asking 9:4 82:3 49:21 51:17 54:14 26:23 27:4,8,9,13 88:12 54:14,16 55:17 27:16,2028:1,1,5 aspects 10:21 * 59:260:22 70:20 800-333-2082 Reported By: Sheryl L Akerley, RMR ' Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. 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' 45:1046:10,11 106:12,23109:10 briefly 80:11 Carbide's 83:15 cetera 106:9 55:1664:19 76:1,7 110:24112:18 bright 24:13,14 career 11:4 chances 22:15 82:3 92:1197:10 113:24 114:2,9 broken 29:4 carefully 97:3,4 change 14:14 17:2,2 101:10105:7112:5 beyond 39:16,17 Bronze 4:4 Carey 26:1,11,21 100:6102:8,9,17 below 81:16 Bice 4:7 Broom 2:14 27:11,23 36:1,6 102:20 Bennett 2:8 big 92:12,14 Brumbaugh 3:20 84:23 85:1290:13 changed 16:20,24,25 Benson 3:16 biggest 43:21 99:17 brush 47:18 91:1695:19 99:24 16:25 83:4,7 93:12 besides 45.14 52:12 Bill 9:1 bnckets44:17 105:13 95:14 53:2 binder 34:6 50:21 buff40:7 carrying 104:3 changes 14:12 67:23 Bestex74:3 Blscayne2:12 building 16:2/4 63:9 carton 15:8 117:2,23 Bestwall7:10 13:22 bit 27:12 63:13 111:15 cartons 33:25 changing 43:5 . 000-333-2082 . Aborted By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 1 Fax (704)372-4593 | Asbestos Litigation Filed The Simmons Firm vs GA-Paclilc,etal. $ i ' C. 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William Lehnert 10/3/2001 Page 4 degree 11:18,19 document 24:1749 102:2 EXAMINATION 19:19 71:17 72:14 Denver 81:16,18,21 24:2125:3 28:16 early 78:10101:24 4:17 8:22 43:17 103:12,18 82:15,20 39:13,16 41:2143 easier 34:8 50:24 60:20 79:15 100:23 far 63:25 64:9 Department 11:6 42:5,16 43:2 92:20 easily 13:18 107:8 108:3 110:22 farther 27:12 59:19102:3,22 94:8,9 97:5 Easley 2:11 . 112:9 fast 98:7 depended 98:6 documents 10:23 east 3:4 30:9 example 27:6-58:12 February 52:7,23 depends 47:25 18:174119:16,24 Edwardsvflle2:15 85:588:8 90:12 54:21 55:14 56:5 deposed 8:21 20:10,13,14,25 2:25 94:1498:1799:11 56:17,20 deposition 1:12 5:3 25:759:1092:19 effect 31:12 47:21 except 21:22 22:16 feeling 69:3 6:15,10^2,25 7:8 93:2494:140,14 93:16 23:3 35:11,17 feet 92:21,21,24,24 7:219:1118:21 95:4 97:4 either 12:16 23:5 36:25 51:19 87:3 fed 80:19 19:1020:2021:20 doing 10:1114:18 47:15 67:277:5 95:23,24 few 28:4 22:2494123:2,6 110:11 105:12 exception 38:23 fiber 105:11,11,15 25:4 43:6 107:11 done 10:5,9 25:9 Elgin 4:13 51:10 105:16 110:10 114:17,20116:1,9 93:20110:21 Elizabeth 3:12 5:24 exceptions 37:13,14 111:17 113:2,13 117:22 door 108:11 109:3 21:18 86:22 . fiberglass 111:12,16 deposition's 8:16 110:9 elsewhere 49:24 excluded 39:14,16 fibers 109:23 110:25 designate 30:8 Dow 80:4,9,13 57:15 41:2543:3 112:12,14113:9 designation 27:5,10 down 27:12 29:4 employed 11:22,23 Excluding 66:9 114:3 27:17,22 28:1,5,6,8 45:1149:14 77:11 12:2 13:6,21 14:8 exclusively 95:19 fifties 101:24 designs 47:23 81:1495:2 15:21,24 excuse 36:2 97:12 filed 1:4 5:6 6:22 detail 111:8 drafting 103:25 employee 65:12,13 executive 61:21 24:2,7 I determine 27:3,8,15 drawing 108:5 65:15 116:14,15 62:21,2463:3 files 7:16 19:17 B 70:21 73:18 . dried 80:18 employees 65:18 . exhibit 18:17 19:9,16 fUl 34:15 develop 18:9 Drive 1:16 5:5 66:8,10 19:20,24 20:10,13 (filed 93:1 development 11:5 dropped 42:4 employment 14:2 20:19 24:16 25:12 Filler 27:7 14:2215:917:1 dry 15:5 44:7,8 16:18 17:10 101:14 25:1527:3,6 28:15 final 105:18 21:8 59:19 76:4 differed 15:3 47:1454:1957:14 enabled 13:17 75:15 76:17,25 engineering 11:20 29:3 31:1,22 32:9 financial 104:6 33:5 35:1938:13 financially 116:17 difference 31:5 34:3 77:6 78:2,1779:14 enough 112:4 40:1141:1444:3 find 84:2 50:16,1945 86:3 Dryer 3:6 ENTER 117:2 45:4,1949:14 finish 13:2 34:13 different 10:20 34:5 drywall 31:20 47:24 entered 24:1117:23 51:11 59:7 79:21 finished 31:13 38:6 76:22 85:14 51:23,25 75:16 entire 11:4 21:3 79:23 80:1,22 finishers 70:4 73:6 85:16,17 89:14 81:21,22 82:16 ERRATA 117:1 84:25 85:19 86:10 73:11 106:8 94:11,1296:2142 duly 8:20115:11 Esquire 2:3,4,8,11 88:2089:15,19 finishing 31:10 34:23 96:25 98:24 99:1 during 11:10 12:19 2:14,18,23 3:3,8,12 90:4,1891:2,24 75:16 104:21 14:11,17 16:8 3:16,214:4,8,12 92:693:4,15,20,24 fire 16:13 dimension 92:25 17:1024:12 33:7 essentially 67:19 93:25 94:4,10,13 Flrestop 16:13 108:8 dimpled 13:3 33:19 35:5 36:19 established?;!? 94:19 95:9 96:17 108:24 109:12,17 direction 59:18 37:10 38:18 39:5 et 1:7 4:7 5:8 106:9 97:3 100:11 107:13 109:19,22,25 110:8 directly 66:24 67:24 41:4 49:18 57:840 Evans 2:4 EXHIBITS 4:22 110:16,25111:7,13 director 103:6 60:964:1043 even 23:20 83:16 existed 15:3 60:5 111:20112:12,18 discovery 6:14 7:14 65:1767:2469:13 events 111:5 existence 22:9 113:24114:2,6.10 discuss 114:12 72:574:22 78:2 eventually 66*21 Expires 115:19 firm 1:4 2:3 5:7 7:24 discussed 58:8 110:4 81:8,24101:14 70:8 explain 12:24 15:2 24:3,7 101:1 110:8 107:16 ever 25:20 26:3,13 24:2141:8 50:19 first 2:86:13 7:1,20 discussion 19:10 Duty 30:23 31:6,9 26:2240:12,16 111:8 8:209:728:23 21:15 48:24 45:20,20,2546:6 87:15 107:21 extent 88:24 29:7 37:24*24 44:4 distil! 93:21 distinctions 51:19 75:13,14 81:14,24 110:25 113:2 82:5,18,19 88:8,13 every 59:24 50:2251:22 60:23 F 80:2194:14,21 distributed 7:20 88:21,24 everyone 66:20 Fabrics 3:6 95:1496:3 104:14 distributors 98:9 D,C3:13 101:2 Everything 8:8 facilities 63:12 69:8 111:9 division 13:2415:25 evidence 6:15 25:12 fact 10:20 22:2 83:25 Firstar 3:4 16:14.5,5,6,841 E exact 70:9 92:25 98:19 five-gallon 33:25 17:18,1830:14 each59:24' .. exactly 96:15,24 failed 80:11,16 Florida 1:16,20 2:12 105:20 106:1,12,25 earlier 82:4 84:15 104:20107:18 familiar 17:2118:23 2:20 3:224:9 5:6 800-3S3-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704)333-9889 . Fax (704) 372-4593 I I !t j Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 . 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Akerley, &MR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et aL C> William Lebnert 10/3/2001 Page 6 Identify 25:4 30:18 30:22 31:15,19 32:3,13,23 40:11 59:7 112:24 Illinois 1:2 2:5,15,25 4:5,13 8:121:21 22:3,4,6,14 23:1,7 23:21,2424:6 29:20 32:4 54:13 55:1256:16 57:3 80:3 Implement 47:18 impossibility 22:23 Impression 68:23 69:6 Inasmuch 34:5 Inc 3:15 include 17:24 18:1 69:1895:14 included 19:943:2 81:7 Includes 19:5 83:19 Including 17:8 Incorporated 5:8 indeed 90:15 INDEX 4:17 indicate 21:25 84:1 indicated 42:6,17 76:7 indicates 15:7 41:14 indicating 36:5 48:14 indirectly 67:2 individual 60:6 96:17 individuals 65:18 Industries 5:8 information 40:11 95:2 Infringement 10:25 ingredient 80:14 113:13,17114:6 Initially 65:2 inquire 110:15 Insistence 21:24 Insofar 95:6 Instance 98:25 instances 26:22 Institute 11:14 intention 110:9 Interested 68:13,17 116:17 interregional 58:11 introduced 85:2 97:2 invent 108:7109:11 109:16 Involved 11:3 13:7 14:22 103:22,25 104:3 issue 111:22 issued 93:13 Issues 7:1 Item 49:25 82:22 J J 3:3 4:11 Jagger2:8 4:18 5:19 5:19 6:207:15 8:11,14,23 9:3 19:1521:1124:11 25:11,14 40:19 41:242:743:15 48:11,15,17,22 49:5,790:21 107:4 107:9,24 108:9,12 108:16,20109:5 110:2,6,17 111:24 112:3,7,21,25 113:4,10,14,21 114:11 James 4:12 5:23 January 39:7,8,12 39:13,2041:11,16 41:2042:1,22 43:1 57:16 58:5 Jason 3:16 5:22 Jeff 5:20 Jeffrey 2:14 Job 11:25 14:12 16:19101:23 102:5 102:9,17,19 Joe 4:15 5:1 John 4:10 5:23 Johns 26:1,10,21 28:10,13 68:21 85:13 105:13 Johnson 2:11,11,11 6:6,6 39:12 42:2 55:22 58:17,20,23 79:8 90:19 100:16 107:25112:2 114:15 joint 12:21,24 13:1,8 13:10,1114:18,22 15:1,2,3,5,10,13,16 16:17 1W118:4 18:11 19:1,520:24 21:4,8,924:25 25:19,2326:3,7,12 26:23 28:24 29:1 29:12,18,23 31:7,9 33:7 35:1,17 39:2 40:1242:2043:22 44:5,1945:3,9,20 45:25 46:6,22 50:11,1751:1,5,6 51:1253:9,16,18 53:20,23 54:7,18 54:22,2555:13 56:6 57:4,23 58:4 59:1569:18,22 70:3 72:23 73:2,6 73:1075:19,20,23 76:2,4,14,16,22,25 77:4,14,16 78:6,15 78:24 91:6 92:10 99:18101:21,25 102:2 106:6,8 Jointly 111:11 Joints 13:2 31:12 34:12,1375:16 Judge 23:17,20 Judicial 1:1 7:25 Julia 2:8 Jnlle 5:19 9:2 June 39:6,20 42:22 58:462:23 63:6,11 64:10,17 82:25 83:13 87:5 91:9 Jurisdictions 23:7 Jury 8:2510:8 11:21 12:24 ^ Just 7:18 11:14 12:23 21:1922:1125:8 27:6 34:436:10 55:3 70:11 73:24 74:10,1275:7 86:1 88:1290:17,17 94:19105:23 108:1 112:17,21113:21 K KaUte 71:18 Kasowitz3:16 keeping 53:7 101:15 Kent2:23 6:1 kept 60:12 kicks 114:12 kind 25:9 75:14 77:8 77:24 92:20 know 9:2 19:4 22:8 24:1425:2226:6 26:1828:9 30:8 42:2543125 46:14 62:1463:25 64:9 65:7 66:10,15,18 67:1368:5,12 70:22 83:6 84:6 . 87:12 88:18 92:25 94:10,17,22 96:15 96:19,20,24 97:1 97:18 98:4,11,12 98:25 99:7,10,20 100:2 104:6,23 107:6111:4 knowledge 64:7 65:21 67:8 known 61:12 Kohlbum2:4 4:19 5:18,18 60:2161:8 61:15 62:5,13 64:1 64:8,16 65:16 66:4 66:1667:1,1568:1 68:1169:579:6 105:18 106:6 Kurowskl4:3 L L 1:192:23 4:8 115:18116:7,21 lab 20:25 39:13,15 41:21,2242:5,16 43:294:7,9 labels 53:17 laboratories 20:8 laboratory 10:22 17:620:1,4 63:12 63:19 68:15 language 35:19 Lardner 3:3 large 1:20 81:21 94:2 largest 43:24 last 30:4 93:9 112:4 113:10 lastly 38:25 later 13:8 16:25 83:4 lawyer 103:15 leader 14:16,21 15:11102:22 least 39:6,8 41:11,16 41:2042:2,3,5,15 42:2243:1,3 45:5 45:24 57:19 58:5 68:2076:12 led 105:18 LEE 115:7116:5 Lehnert 1:12 5:4 8:12,18,24 9:1,2,16 11:8 17:1918:16 20:1321:6 24:12 25:2,15 27:128:15 30:1733:4 38:3 40:941:342:10 43:6,1959:5 60:22 79:1.7 100:14,25 107:10 108:5 110:24112:8,11 114:17 115:10 116:9 117:24 less 50:21,24 lesser 34:6 let 24:10,14 54:2 55:7,9 76:21 86:7,9 86:25 87:23 89:9 90:16 96:20,21 97:9,12 102:16 109:5112:23 113:19 let's 11:12 23:18 24:8 42:19 53:14 54:5 56:3 79:8 100:16 104:20 109:15110:20 112:21 Libby 111:23 licensed 23:20,23 lieu 111:12 life 8:17 light 24:13 like 33:4 42:9 43:8 44:13 58:18 85:6 92:22 98:11,23 99:5 105:5 113:15 Likewise 87:8 limited 6:25 7:9 9:12 45:18 76:13 limiting 7:9 limits 86:21,21 line 44:9,15,16 72:13 84:13 99:11 . lines 98:8 list29:14 46:17,18 52:21 56:25 90:4,7 91:25105:19,21 106^5 listed 29:7 30:4 60:5 84:1 88:21 89:10 89:15 107:13 Listen 55:23 Lite 71:16 74:12,13 litigation 1:4 5:6 24:2,7117:3 litigations 10:10 ttle27:12 47:23 84:15 87:1 108:2 111:8 live 9:18,19 lived 9:25 Lizars 61:23 62:22 800-333-2002 Reported By: Sheryl L. Akerley,RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 I Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et ah C. William Lebnert 10/3/2001 Page 7 63:1,5 66:19,20,22 87:9 80:20 81:3,8 Milwaukee 3:5 Mullins 2:7 LLC5:7 man 104:11 110:25 112:18 mind 95:1 100:3 Myers 1:165:5 9:20 LLP 3:7,16 management 66:14 marketed 76:15 minute 43:5 9:25 location 1:1563:17 66:1767:9,17,24 80:1098:21 109:12 minutes 103:12 Mystic 9:19 long 12:2 14:8 16:22 manager 11:5 16:2] 111:15,19113:2,6 Mtrabito 3:20 M-Y-S-T-I-C 9:19 105:19 106:5 . 17:1,18 20:9 longer 18:1142:16 manufacture 45:8 marketing 64:12 misstatement 82:8 76:13110:12111:6 mistake 41:5,8 82:11 N 92:23 47:7 49:19,24 50:7 marketplace 101:22 mix 15:1,2,6,10,13 N4:12 look 84:7,25 86:10 50:13 69:11 74:5 Massachusetts 3:13 27:730:25 31:21 nail 13:3 31:12 34:14 87:1093:8 95:9 74:23 99:8 107:16 material 34:14 95:5 32:8,18,18 33:3,5,7 50:22 96:1797:3,4,19 107:21111:13 95:5 33:15,19,21,23 name 5:18:25 15:7 looked 92:6 94:25 manufactured 18:11 Materials 27:8 34:4,4,5,11,17,21 17:2 60:24 70:13 looking 44:3 56:24 25:5 30:19 31:16 matter 110:6 35:1,5,8,14,18 72:6,1073:4,13,24 68:7,13 88:20 32:3,13,23 33:8,15 matters 9:13 10:15 36:16,17,19 37:3,9 73:25,25 74:3,10 looks 85:6 35:2,8 37:3,9 38:16 10:1723:9 37:19,24,25,25 74:11,11,17,18,18 Loop 4:8 38:2139:2 41:15 may 6:11,20 12:4,5 38:6,15,21 39:2,9. 75:1,2,2 76:2 79:17 lost 36:7 41:16,22 42:6,16 13:20 14:3 18:15 39:1940:141:6,10 83:4,6 105:25 lot 13:16 42:17,18,21 43:1,4 23:628:22,25 41:12,1442:20 named 104:11 LX.C 1:42:3 43:12,13 44:1,16 33:10,16,21 35:7 43:1244:9,10,15 105:24 LX.P2:7 44:2046:1,10,11 35:13 37:8,16,20 50:11,14,16,17,20 names 5:10 69:21,22 46:16,18 47:4 48:5 38:19 42:4 51:3,7 51:1,5,6,12.15,18 70:6,6,12 71:3,4,13 M 48:649:22 50:10 53:8,22 54:8 57:5 53:9,23 54:7,15 71:14 72:3,473:1,1 M4:12 51:2 52:18 53:5,9 57:16,2361:18 56:2557:4,14,17 73:10,10 75:8,9 MacDonald 2; 14 53:21 54:7,22 55:5 78:10 83:3 84:17 57:19,23 58:4 76:4 name's 100:25 made 24:24 37:19 55:20 56:9,12 57:4 86:15 93:16 96:10 76:14,2277:3 78:7 NationsBank 2:19 38:2,8,2441:5,10 57:13,15,17,20 102:1,2 78:11,13,14,15,17 needs 22:18 43:6,22 49:17 74:20 75:10 81:2 maybe 30:9 36:22 78:25 84:13,13 negotiated 68:2 51:19 52:17 69:23 81:20 87:14,15,18 56:2 84:14 93:23 85:2,9 87:495:11 negotiating 103:22 72:5,16 73:2,11 88:196:498:18,19 McLean4:12 95:12,18,2596:6 neighborhood 92:16 75:4 76:16 77:4,13 101:16102:6 mean 22:10,17 38:3 96:18,22,2598:23 Nelson 2:7 78:6,16,24 81:11 106:24107:19 41:9 44:10 51:9 98:25 112:14 never 16:24100:3 81:2482:5,25 83:4 108:22 109:1 56:8 60:3 65:22 mixed 15:744:11,25 102:13,23,25 103:1 83:15,22 84:7,14 111:18113:25 67:1372:17 78:18 45:147:15 52:1 103:3,5,6,9111:14 85:16,24,24 86:12 114:3 80:1781:6,23 89:6 77:1,7 new 14:22 29:15,17 86:15,17 87:12 manufacturing 110:6,7 moment 112:22 31:16 34:25 35:2 88:9,11,13,16,18 53:16100:4 means 27:22 28:20 Montana 111:23 51:22 52:23 53:7 88:24,25 89:11,14 Manvffle26:l,10,21 meant 112:13 months 80:12 96:5,8 53:21 54:3,6 58:12 95:25 98:17 100:6 28:10,13 68:21 meeting 40:16 more 13:18 17:2 80:2 87:9,1095:10 100:10 106:13 85:13 105:13 meetings 103:9,13 26:2341:4 56:3 95:18 96:197:11 108:18 many 56:15 93:5 memorized 84:10 78:18 90:192:17 next 29:24 38:13 Madison 1:2 7:25 96:22 Memphis 80:25 81:2 111:8 46:22 49:25 82:22 main 50:25 101:19 March 33:24 37:17 81:8 morning 8:24 9:4 96:5,8 maintain 11:1 37:18,20,21,21 mention 75:19,20 most31:8 95:18,25 nice 8:14 maintained 20:15 38:19 39:10,10 mentioned 7:23 48:2 96:697:15 98:19 nine 96:5,8 major 2:18 5:16,16 45:449:1651:11 89:2592:5 94:7 ` Move 112:2 ` non 30:23 49:14,16 11:19 52:7,23 56:17,20 merger 68:2 moved 110:5 49:19 make 6:2121:6 : 57:23 1 metal 44:14 moving 37:2 38:13 normal 8:16 60:12 22:2023:14,14 Marietta 29:24 30:1 Miami 2:12 45:1946:20 49:14 North 2:19 24:1042:1946:6 30:8 32:14 38:14 Midwest 29:23 49:2551:22 52:4 northeastern 29:18 47:23 49:3 52:11 38:16,21 57:12,12 might 38:6,7 39:15 52:22 53:7 54:13 Notary 1:19 115:18 53:1 54:14 55:11 57:17,22 94:9 98:13 56:16 58:11 note 94:7 95:12 70:3,16,25 71:8,25 Mark 2:24 3:21 6:5 Milford 30:5,7 32:24 Mt 3:15 5:22 97:10 72:9,22 73:5,14,21 marked 18:17 59:6 38:2539:2,2040:2 much 15:24 34:8 notes 36:20116:11 74:14 95:1199:4 93:25 41:6,1542:20 58:3 60:19 83:10 85:19 notice 6:22 79:22 105:23 market 15:14 62:11 94:8 99:23,23 100:15 noticed 6:23 22:21 making 25:9 87:4,5,8 76:8 77:478:12 Mills 3:15 5:22 102:11 112:8 number 8:111:7 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherton Deposition Services <704)333-9880 Fax (704) 372-4593 j i1 o Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. 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Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et at C. 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Aherley, RMR Spherion Deposition Services (704)333*9880 . Fax (704) 372-4593 o i! I Asbestos Litigation Filed The Simmons Firm vs GA-Paclfic, et aL C. 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Akerley, RMR Spherton Deposition Services (704) 333-0889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Paciflc, et aL C. William Lehnert 10/3/2001 Pago 11 45:1969:19 101:11 stipulate 8:3 stipulated 22:l,t>13 stipulations 6:18 stop 112:21 straighten 109:15 Street 2:9 3:9,17 strictly 81:21 strike 36:3 112:2 113:25 stud 51:25 studs 52:3,3 stuttering 56:2 subject 11:18 117:22 subsequently 12:12 substance 117:23 succinctly 25:4 suggest 40:21 Suite 2:8,12,15,24 3:17,21 summarize 93:21 summary 79:22 summers 11:16 Suntrust3:8 supervisor 64:20 104:12,14,16,18,25 105:2 supplied 25:22 26:6 26:23 27:3,9,15,23 28:2,13 29:11,12 29:16,17 30:7 35:24 supplier 26:15 99:17 suppliers 26:18 supply 29:21*25 30:6 suppose 36:21 supposed 98:8 sure 39:15 42:19 43:2045:17 46:13 49:23 51:21 54:16 54:17 55:11 58:15 70:9,24 71:23 73:19*20 78:11 83:16,1788:15 90:14 94:18 95:1 95:11 105:23 106:4 106:19 107:18 surface 47:19 Swansea 4:5 swear 6:12,20 switch 72:20 79:9 100:17 sworn 6:17 8:12,20 115:11 system 12:21,24 13:1 13:8,10,1118:4,11 19:121:4 98:21 106:18 84:2093:17,21 S.E 4:8 texturing 75:17 99:2 100:19,21 Thank 24:1543:15 102:12 114:17 T 58:20,2360:18 timeframe 37:10 take 22:14 58:18 79:7 94:20100:14 60:5,9 70:12 108:6 79:21 98:17110:19 107:2110:17112:7 times 17:21 33:7 taken 1:17 6:22 Thankfully 103:17 58:16 21:2022:2 23:2 Thanks 112:8 title 11:6*25 14:12 40:24 59:179:12 their 26:7 27:20 63:8 16:19,20,25 17:16 talk 53:14 72:21 themselves 97:20 today 9:8,12 12:17 talked72:18 75:7 thing 89:18 40:1570:22 72:25 106:15 things 43:8 79:20 79:2084:11 93:4 talking 33:20 40:16 106:19 106:14 107:11 47:8 92:18 think 16:20 22:12,15 114:13 talks 95; 11 22:22 23:17,18 Today'b5;2 tape 13:2 34:12 45:18 51:19 54:4 together 21:7 91:24 79:14 55:2457:15 61:1 92:593:24 taping 31:10 34:7 76:12 86:2092:6 told 41:21 106:13 40:7 50:22 75:16 94:1396:2497:5 Tomlin 2:11 Tech 11:15 97:17100:13 top 28:15 67:16,17 technical 10:12,21 101:18 105:24 67:17 11:3,517:1 106:11,22 107:1 topping 31:20 32:7 tell 9:7 10:8 11:21 108:1 111:24112:3 33:23 34:4*5,17^21 28:1929:1047:13 113:10 37:1940:5 50:14 51:2493:5101:19 thinking 56:13 50:17,2051:11,15 102:19 third 1:17:9,25 52:22,24 53:1,5 tells 97:5 29:19 54:15,15 56:21,23 tender 25:12 though 83:9 108:11 56:24,25 57:1 72:9 term 47:12 109:12 thought 82:4 74:2475:3 terms 31:7,8 95:3 three 63:6 92:24 Torres 3:16 99:16100:2 103:7 107:5 total 93:21 testified 10:10,11,25 through 7:17 25:7 track 101:15 42:8 47:1164:20 63:22 64:3,10 trade 69:21 70:6 76:3,21 97:10 - 68:15 69:1085:19 71:3,14 72:3 73:1 104:11 105:7 88:14,20 93:24 73:10,25 74:11,18 112:11 105:19 106:5,24 75:2,9 testify 112:17 107:10,19 111:14 training 11:13 testimony 41:5 throughout 12:5 transcript 116:10,10 101:10 102:11 117:2 Texas 27:7 29:8,11 Tigard 20:3,6,7 transferred 104:21 30:1933:6,8,16 die 16:14,14 tremollte 112:1 43:24 45:15 46:1 tlli 23:1154:21 Trevor3:3 6:3 22:24 47:450:8 51:2 time 1:14 5:3 7:20 79:18 52:19 58:14 80:22 .10:19,19 12:5 14:1 trial 21:23 23:11 81:15,24 82:5,18 14:616:2118:3,10 37:18 82:22 83:23 85:8 19:2021:14,17,25 trials 10:11 85:11 87:5 88:2,6,9 23:11 33:20 35:5 tried 86:10,20 88:2291:6 99:12 ' 36:2039:5 40:23 Triple 30:23 31:6,9 texture 17:24 24:25 41:143:13,1547:8 45:20,20,25 46:6 30:24,25 47:12,20 49:256:3 57:9 75:13,14 81:14,23 47:25 49:15,16,20 58:22,25 59:3 82:5,17,19 88:8,12 50:1,4,898:18,19 60:24 61:19,20,24 88:21,24 textured 47:13,19 62:23 64:10,24 true 2:14 20:14 textures 16:17 31:6 65:4,17 67:24 59:2160:2,3 89:2 31:11 47:14 71:1,4 68:2469:4 78:3,19 116:11 117:22 73:22 74:1 98:20 79:11,14 81:8,25 try 55:22 56:3 93:20 97:9,12 trying 36:10 tube 52:2,2 turn 80:1 Twain 2;24 two 37:19,23 45:18 68:21 92:14,15,21 92:21,24 type 17:3 77:17 84:2190:1 106:22 111:13 typed 95:4 types 10:8,1723:10 72:15,17 75:8 90:5 typical 98:4 typically 97:24 U ultimately 67:2 111:18 under 20:1123:1,2 27:759:18 80:22 81:14 82:22 84:1 89:10 97:10 98:12 100:7117:22 undersigned 115:9 understand 19:13 22:13,2036:10 41:9 60:1765:22 68:16 76:1977:8 78:19^1*23 83:19 95:12 96:19 97:10 108:10112:15 113:21 understanding 19:8 21:2022:25 understood 95:11 Union 2:8,21 3:26:2 6:3 7:1,4,69:13 22:24 25:1*6*16*20 26:4,13,1527:17 28:2*23 29:130:20 31:2,17413 32:4,10 32:14,20,24 33:9 33:12,17,22 35:2,6 35:9,10,1436:16 37:4,7,10 38:15*22 39:3,2140:2,13,16 41:1542:2146:1 47:449:17 50:4 52:8 53:23 54:9,23 55:15 56:6,12,18 56:21 57:5,9,18,24 58:5 79:18 81:6,11 82:1,6,18 83:15 84:2,20 85:25 i 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherton Deposition Services (704) 333-9889 Fax (704) 372-4593 i Asbestos litigation Filed The Simmons Firm vs GA-Padfle, et al. C William Lehnert 10/3/2001 86:13,16,17 87:6 79:8 100:16 114:16 68:16 70:13 74:3 white 105:15 38:18 84:6107:16 | 87:10 88:5,11 videographer4:15 75:17 80:18 83:16 whole 102:12 105:19 Yes,sir45:12 89:1195:22 99.23 5:1,2,13 6:11 7:23 83:19 90:12,16 wide 92:23 York 29:15,17 31:16 United 29:13,18 30:2 21:13,16 40:22,25 92:14,2096:21 William 1:12 2:45:4 34:25 352 51:22 30:10 58:24 59:2 79:10 97:5 98:17102:8 5:18 8:18 9:1 52:23 53:7,21 54:3 unless 66:14 72:10 79:13 100:18,21 109:3,15 114:17115:10. 54:658:13 80:2 unswear 8:15 114:16 went 11:15,15 25:7 116:9117:24 87:9,10 95:10,18 until 12:4,5 17:12 Virginia 2:11 6:6 70:12 77:3 82:15 Wilson 17:13,14 96:197:11 21:23 39:1041:19 11:14,1530:5 85:19 102:4105:6 Winderweedle 2:18 42:5 43:145:5 32:24 38:25 39:3. 106:5111:14 Wlscbnsfu 3:4,5 0 46:3 56:5 57:5 39:2041:6,15 were 7:5,13,20 9:11 withdraw 112:5,6 0017274 94:22 58:5 68:2484:17 42:20 58:3 94:8 11:1,21 12:2,6 13:6 113:11 001838890:25 91:1 85:9,1195:1796:9 virtually 35:10,20 14:1,8,18,22 15:5,6 withdrew 113:6 97:16 102:18 109:6 36:5,21,22 96:11 15:24 16:10 17:5 witness 6:12,17 7:18 1 unusual 98:5 visitors 69:7 17:2019:13,20 8:1919:1342:3 141:2545:4 upper 67:9 Voelker 2:23 25:25 26:9,18,20 48:13,16,20 49:9 1st 37:17 usage 28:16 29:4 volume 89:23 92:13 26:2228:21 30:11 54:1155:2461:6 1:1879:11 32:20 94:2 99:16 30:14 31:9,11,13 61:1462:4,11 1:3179:14 use 7:1 9:13 21:9 voluntarily 9:8 32:6,17 33:2 35:12 63:2564:7,15 10th 33:24 31:7,8 32:10 34:10 vs 1:6 117:3 36:7,8,21 37:6,12 65:15 66:3,14,24 10:49 1:145:3 34:15,17,21 86:22 37:19,23 38:2,5 67:13,22 68:10 1002:244:20 99:18 109:23 W 40:1,5 53:13 56:13 69:3 82:10 86:20 1032:15,24 111:12 W2:15 59:9,17,18 62:20 89:6 99:20115:13 10302:12 used 13:2,3 23:6 26:7 wallboard 13:2,4 64:15 65:17,18,24 witnessed 111:5 1074:18 27:4,10,1728:23 16:12,14 31:10 66:6,7,10,14 67:5 Wood 2:5 1084:19 29:1 31:9,11 33:13 34:12,16 109:12,17 67:18 68:6,7,13,13 Woodman 2:18 11th 45:4 35:21 36:6,25 109:20,23,25 68:17,2072:15 word 56:2 11/7/72 49:15 | 38:15 41:12 46:15 113:25 114:3,7,10 73:2,1174:1,19 work 10:6,9,14 12:20 11:1321:14 1 46:17 47:20,21 walls 30:24 49:15 75:976:15,1677:4 13:7 14:18 16:4,7 11:2821:17 | 50:21 51:20 60:8 Walsh 4:12 5:23,23 77:4,1678:6,7,15 17:3 62:17 63:17 11:5940:23 8 74:3 75:15,17 want 5:10,14 6:13,20 78:16,18,24,25 102:5 1104:20 1 84:21,22,24 94:4 21:23 22:11,15,25 79:1,282:15 85:16 workability 38:7 1124:19 95:19,2297:6 23:14 37:13 60:22 86:21 87:4,5,8,9 worked 12:19 63:19 11503:17 105:12 72:20,20110:19,20 92:1 93:11,25 96:4 65:24 66:11,21 12/16/7545:5 using 27:6 85:5,8,12 113:14 96:22,23,24 97:6 72:14 76:4 104:25 12:1441:1 usual 98:4 wanted 7:18 21:19 97:22 98:7,9,16,18 105:3,8 107:17 12:40 58:25 usually 47:16,21 84:6 95:1196:15 101:4,10,20 102:6 working 14:16 60:23 12:5159:3 USX 2:17 5:16 96:2097:1,18 102:13,14,23,24 93:2594:2 101:25 123 4:23 93:10 Ward 2:18 103:1,2,6,7,12,23 102:22 13334:8 V Washington 3:13 104:4,18 106:19 wouldn't 25:8 39:16 13603:17 vague 64:6 67:4,12 101:2 111:16,17112:12 39:1740:8 49:22 14002:8 67:2169:2 wasn't 42:6 51:19 weren't 103:22,25 WRITE 117:2 141119:19 Vaudalla 2:15,24 60:25 104:3 106:19 written 28:16 80:24 15115:19 variations 100:5 water 10:24 13:16 West 2:24 3:22 81:15 15002:19 variety 76:18 77:6 15:744:11,25 45:1 wet44:7 wrote 35:22 81:16 15043:21 78:7,17,17 47:15 76:23 77:7 Weyerhauser 68:22 WJU 11:25 17th 50:3 various 59:11,14,15 wavelength 55:12 Vermiculite 110:1 way 9:20 99:22 we're 21:13 22:13 23:13 33:2039:14 17260 1:165:5 X 184:23 110:12,16111:22 112:23113:15 40:22 55:11 58:24 X 111:13 18th 57:16 114:9 weight 89:22,24 79:10,13 111:21 Xboard 108:24 18003:13 Vernon 3:15 5:22 versus 5:7 99:23 91:14 Well 3:20 114:18 we've 72:18 75:7 1939:10 Y 192997:12 [ very 60:19 93:16 welcome 58:21 93:4 Yeah 42:3 55:24 194511:12 100:14 112:8 vice 17:1724:6 well 9:6 20:24 23:1 whatsoever 104:7 23:16,19 24:10 while 79:8 86:16 95:796:9108:1 195011:1715:18 years 11:7,1112:19 1951 11:22 12:5 g video 1:12 5:3 8:14 36:2040:7 43:2 100:16 14:11,1716:8 60:23 61:2,9,19 H . 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed Tbe Simmons Firm vs GA-Padflc, et al, C. Wflliam Lehnert 10/3/2001 Page 13 69:9,13,19,23 70:3 70:11,13,25 71:5,7 71:11,15,24 72:5,8 72:12 77:5,13,19 77:21101:4,13,23 105:8,20 106:1,12 106:23 109:10 110:24 113:24 114:2,9 1954102:2,4 1955101:25 195612:4,613:20 14:3,1015:17,19 61:18,19,25 62:16 62:19,23 63:2,6,11 63:14,18,2164:2 64:10,17,20,25 65:25 66:11^20 67:6,8,18 68:24 69:10,13,19,23 70:3,11,15,25 71:5 71:7,11,15,24 72:5 72:8,12,21,22 73:3 73:7,12,15,22 74:2 74:4,13,20,22 75:4 75:7,25 77:5,6,13 77:19,22 78:5,16 78:20 101:9,14,23 102:4103:19 105:20 106:12,23 109:10 110:24 113:24 114:2,9 196014:15,21 102:18,19 196463:21 64:2,10 64:17 196514:10 15:15,17 15:19,2216:19 62:20,24 63:2,6,11 63:14,15,18 64:20 65:1,2 66:1,12,20 67:6,8,18 68:3,6,25 72:21,2273:3,7,12 73:16,22 74:2,4,13 74:20,23 75:4,8,25 76:8,13,15 77:3,6 78:5,8,9,11,16,22 84:14 196717:12105:6 196928,2135:7,13 36:2,4,13 53:8,22 54:3,8 95:14 96:4 97:13,19 197035:2136:14,23 37:8 57:4 85:6 87:5 95:18,2196:1 96:997:16 197133:10,16,20 51:3 57:16 83:1,4 83:13 91:9 197218:8 38:19 50:3 52:7,23 54:21 55:14 56:5,17,20 57:23 197339:6,20 42:22 50:4 52:8,23 54:22 55:14 56:6,17,20 58:4 1974 33:24 37:16,21 45:24 81:25 197533:24 37:18,20 39:7,8,10,13,21 41:17,2042:1,5,22 43:1 57:1658:5 197637:18,21,22 45:2546:4,581:25 1977 18:15 28:22,25 33:11,16,21 35:7 35:13 37:8 38:19 51:3 53:8,22 54:8 57:5,24 198219:25 20:2 19909:24 10:545:4 2 279:14 2.2591:22 2:00 100:19 2:07100:22 2:221:14 114:18,20 20 39:8,20 41:16,20 42:22 43:1 20th 37:16 39:7,10 39:10,1341:11 42:150:3 57:16 58:5 20011:13 5:2115:14 116:19 20036 3:13 2004115:19 2023:14 2139:20 42:22 21st 37:8 39:6 57:4 58:4 2174:12 . 2233:16,20 22nd 33:10 37:20 45:25 46:4 49:16 51:3,7 81:25 23rd 37:18*21 244:4,24 246-86612:20 254:8 25th 37:21 2503:22 251-22222:5 260-60803:18 27th 37:20 277-55004:5 2928:21,22 35:13 36:2,4,1391:9 29th 35:7 53:8,22 54:3,4,8 82:25 83:13 95:13 96:4 97:13,19 297-55363:5 3 31:13 3M3:19 6:5 3rd 5:2 3.7533:14 3/30/7447:3,9 30th 52:7,23 56:17 56:20 ., 3002:15 92:16 3012:4 3033:9 30308-32433:9 303092:9 3:17 3052:13 328012:20 33137-32512:12 33401-50163:22 339199:20 344784:9 3524:9 3902:19 4 433:16,2135:13 4th 18:15 28:22,25 33:10 35:7 37:8 38:1951:3,753:8 53:22 54:8 57:5,23 40003:8 4042:103:10,18 4072:20 4143:5 434:19 438-98992:13 47702:12 5 528:24 5th 45:24 54:21 55:1456:5 81:25 SO 102:17 51108:6109:4 110:1 110:5112:12,18 53202-53673:5 56102:9104:23,23 105:8106:1 108:6 109:4110:1,5 112:13,18 5613:23 6 6 38:1957:23 4th U5:13116:19 . 6/21/7341:11 4/29/7147:3,9 604:19 102:17 601234:13 614-74003:10 6182:5,164:5 620252:15,25 620952:5 622264:5 65102:10,16 656-01842:16 69 28:22 36:20 1 795:17 7RF-9 35:21,24 36:6 36:2384:23 7RF02 28:3,12 7RF09 27:8,9,22 91:1695:19 7036:496:1 71 51:785:9,12 7349:16 732-22554:9 7437:1645:451:7 51:1182:6 741-46034:13 7541:11 7682:6 , 7751:8,984:18 7773:4 794:20 ______________ fc......... 84:18 51:11 8th 33:24 803-35003:23 817-62872:10 828-21773:14 8474:13 9 935:20 9/10/7551:12 9992:9 . .' B 1 800-333-2082 Reported By: Sheryl L*Akerley,ltMR Spherion Reposition Services (704)333-9889 Fax (704) 372-4593