Document 6RqG6jJ5760G7doBBOjMZqEOd
STATE OF ALABAMA IN THE CIRCUIT COURT OF CALHOUN COUNTY
MARS HILL MISSIONARY BAPTIST CHURCH, et al.,
versus
Plaintiffs,
CIVIL ACTION NUMBER CV-96-243
MONSANTO COMPANY, et al.,
Defendants.
/
CONTINUATION OF THE DEPOSITION OF WILLIAM B. PAPAGEORGE
The continuation of the videographic and
stenographic deposition of WILLIAM B.
PAPAGEORGE, was taken before Deborah Salers
Garrett, Certified Shorthand Reporter,
Registered Professional Reporter, as
Commissioner, commencing at 9:00 a.m. on May
21, 1998, by the Plaintiffs, at the Ritz
Carlton Hotel, 100 Carondet, St. Louis,
Missouri, pursuant to the stipulations set
forth herein.
Regional Reporting Service, Inc. ' 755 Walnut Street
Gadsden, Alabama
35901-0755
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1 EXH IB I TS
2 Plaintiffs'
3 Fifty-three Fifty-four
4 Fifty-five Fifty-six
5 Fifty-seven Fifty-eight
6 Fifty-nine Sixty., .
7 Sixty-one Sixty-two
8 Sixty-three Sixty-four
9 Sixty-five Sixty-six
10 Sixty-seven Sixty-eight
11 Sixty-nine Seventy
12 Seventy-one Seventy-two
13 Seventy-three
Marked
15 23 30 39 44 56 61 65 ..... 76 84 89 96 103 112 115 119 124 127 130 137 14 1
Offered
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15 No other exhibits were marked for
identification, offered or attached as 16 exhibits hereto.
17 18 19
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22
23
REGIONAL REPORTING SERVICE, INC.
1 APPEARANCES
2 For the Plaintiffs:
3 JACK ATKIN, Esq.
4 KASOWITZ, BENSON, TORRES & FRIEDMAN 1301 Avenue of the Americas
5 New York, New York 10019
6 For the Defendants:
7
ADAM PECK, EBq. 8 LIGHTFOOT, FRANKLIN & WT-.ITE
300 Financial Center 9 505 North 20th Street
Birmingham, Alabama 3 52 03 10
GERARD H. DAVIDSON, JR., Esq. 11 SMITH, HELMS, MULLISS & MOORE
P. O. Box 21927 12 Greensboro, North Carolina 27420
13 INDEX
14 Page
15 Stipulations
4
16 Reporter's Certificate
201
17
18 EXAMINATIONS
19 Witness: WILLIAM B. PAPAGEORGE
20 By Mr. Atkin
Page 5
By Mr. Peck 22
By Mr. Atkin
23
197 199
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4 1 STIPULATIONS 2 IT IS STIPULATED AND AGREED by the 3 parties, through their respective counsel, 4 that the deposition of WILLIAM B. PAPAGEORGE, 5 may be taken before Deborah Salers Garrett, 6 CSR, RPR, as Comnissioner and Notary Public, 7 Alabama at Large, at St. Louis, Missouri, on 8 May 21, 1998, at 9:00 a.m. 9 IT IS STIPULATED AND AGREED that the 10 signature to and reading of the deposition by 11 the witness is waived, the deposition to have 12 the same force and effect as if full 13 compliance were had with all laws and rules of 14 Court relating to the taking of depositions. 15 IT IS STIPULATED AND AGREED that it 16 shall not be necessary for any objections to 17 be made by counsel to any questions except as 18 to form or leading questions and that counsel 19 may make objections and assign grounds at the 20 time of trial or at the time said deposition 21 is offered in evidence or prior thereto. 22 IT IS STIPULATED AND AGREED that notice 23 of filing by the Commissioner is waived.
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1 STATE OF MISSOURI, ST. LOUIS, MAY 21. 1990
2
3 WILLIAM B. PAPAGEORGE.
4 after having been first duly Bworn, was
5 examined and testified as follows:
6
7 EXAMINATION
6 BY MR. ATKIN:
9 Q.
Good morning, Mr. Papageorge. How are
yuu Luday r
11 MR. ATKIN: Off the record.
12 (Discussion held off record.)
13 Q.
Mr. Papageorge, have you met with
14 Monsanto's attorneys since your last
15 deposition?
16 A.
Yes, I have.
17 Q.
And when was that?
16 A.
Are you speaking of this matter here or
19 any matters?
20 Q.
I would say related to this matter here.
21 A.
I met yesterday with attorneys.
22 Q.
Who did you meet with?
23 A.
Mr. Mike Kelly, Mr. Adam Peck, and
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7 Oh, a week or two ago. Okay. Have you reviewed any other transcripts of deposition testimony given in this case by anyone else? No. Did you review any documents yesterday when you met with Monsanto's lawyers? Some, yes, sir. What did you review? I can't remember in detail. Did you review the transcript of your -the two transcripts of your first two days of testimony in this matter? Not really reviewed it. We talked about it.
MR. PECK: Wait a minute. I'm going to instruct you. Do not discuss anything that we discussed. That would be within the attorney-client privilege. He's entitled to ask you and I think all he really has done is ask you
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Mr. Gerard Davidson.
6
Okay. And where did you meet with them?
At the offices of Solutia, Incorporated.
Here in St. Louis?
Yes.
How long did you meet with them for? About four hours.
Okay. Do you expect to be compensated
for the time you spent yesterday with
Monsanto's attorneys preparing for the deposition?
I expect it, yes.
Okay. Would that be at an hourly rate,
or would that be within the monthly
retainer that you were telling us about
last time?
It's within the monthly, unless the
hours exceed the monthly rate.
Okay. Have you reviewed the deposition
transcripts from your first two days of
testimony in this matter?
I have.
When did you do that?
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e about something that you looked at with us. But he's not entitled to ask you about anything we discussed. So I caution you not to get into anything we discussed. I don't recall looking at anything that I associated with the depositions you referred to. Okay. I'm still talking specifically about the transcripts from your first two days of testimony. Yes. There was a page that I recall. Okay. Do you recall what page that was? No, I don't, sir. Do you recall what the topic was? As I remember, I had mentioned a wrong date associated with a document. That's all I can recall at the moment. Okay. Now, other than the documents that you reviewed yesterday with Monsanto's attorneys and your review of the deposition transcripts from your
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'9 first two days of testimony that was done around one or two weeks ago, have you reviewed any other documents in connection with the preparation for your deposition here today? I have not. Okay. Let me show you what was previously marked in this case for identification as Papageorge Fifty-two. I don't believe we -- I think we left off last time with this document. I don't believe that we ever asked any questions about it. So why don't you take a look at it, if you could.
MR. PECK: In fact, I don't think it was marked. It wasn't offered.
MR. ATKIN: Why don't I just. then, mark it for the record. Thank you. This is a memorandum dated October 26th, 1971, subject, General Electric Capacitor
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If you look at the previous
paragraph -- I was taking an extra step
there. If you look at the previous
paragraph, it says, "This puts all
emphasis on the questions of migration
and how biodegradable iB Aroclor 1016 in
terms of realistic conditions of
organisms and time and alBo knowledge
about what is formed after
biodegradation." And then he goes on to
say, "The time is rapidly approaching
when we will have to stand up before
ANSI and give understandable and
convincing evidence about this." Do you
see that?
Yes.
Okay. Let me just ask you first. is ANSI?
What
That's an acronym for the American
National Standards Institute.
Okay. And what type of organization was it or i6 it?
It's a group that represents industry
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10 Department, to various people, including Mr. Papageorge. This ie a memorandum by Mr. Benignus, B-e-n-i-g-n-u-s. I have scanned the document. Okay. If you could, look ac paragraph six. In that paragraph, Mr. Benignus states that Monsanto would soon have to stand up before the ANSI and give understandable and convincing evidence about the biodegradation and migration of PCBs regarding Aroclor 1016. And then he goes on co say, "The information available at this time is not sufficient and lacks conviction required for us to present our case to ANSI." Do you see that? I chink you used some words thac I don't see here. You used biodegradation when you described the sentence. Will have to stand up -- about this -You're right.
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12 chat addresses the formulation of industrial standards. When you say it represents industry, it represents industry where? When you say where, are you talking about the specific locality or -No. In connection with what does it represent in industry? If a particular industry is interested in formulating a standard to cover its area of interest, it can, as a group. approach the ANSI organization to establish a working group, which will then convene, as they see fit, to establish standards, whether it be in the workplace or in the product or in the labeling or whatever area is of interest to the group requesting that back-up support from ANSI. Okay. And what was Monsanto's involvement with ANSI? Oh, I can't speak for all of Monsanto's involvement. I don't know.
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Well, in connection with PCBs, what was
Monsanto'8 involvement with ANSI?
I was offered and did serve as a
chairman of a committee under the
sponsorship of ANSI.
What was the committee?
It was referred to as ANSI C-107.
What was the purpose of that committee?
To establish standards for the handling
of PCBs in the use proposed by
electrical equipment manufacturers.
Okay. And did Monsanto ever appear
before ANSI to discuss the
biodegradation or migration of PCBs?
I recall discussing
giving progress
reports on the studies that Monsanto gave.
On which studies?
There were studies conducted within
Monsanto to establish the rate at which
PCBs would degredate in the environment
when exposed to the bacteria of living
creatures in the normal environment.
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15 biodegradation and migration of PCBs? It did.
MR. ATKIN: Okay. Let us mark for identification purposes as Benignus Fifty-three -- I'm sorry -- ae Papageorge Fifty-three a February 2nd, 1972, letter from Mr. Papageorge to Dr. Posefsky and Mr. Raab of General Electric Company.
MR. PECK: Jack, did you want me to mark it?
MR. ATKIN: Yet, pleace. (Plaintiffs' Exhibit Number Fifty-three was marked for identification.)
I have reviewed the exhibit. Okay. Do you recognize this document? I do. Do you remember writing this letter? I do. In the first paragraph of this letter
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And that information was shared with
14
ANSI?
Yes.
When Mr. Benignus says, "The information
available at this time is not sufficient
and lacks conviction required for us to
present our case at ANSI," do you know
how the information that Monsanto had at
that time was insufficient and lacking
conviction regarding biodegradation and
migration of PCBs?
Well, sir, the statement you have read
represents Mr. Benignus' understanding.
and he is not a bacteriologist or an
analytical chemist, so I can't say that
Monsanto's information was not
sufficient or lacked conviction. It
depends on who understood it and how it
was interpreted to each individual.
In your view at this.time, in October of
1971, did Monsanto have sufficient
information and did that information
have sufficient conviction regarding
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16 you state, "Attached is a question and answer list for responding to PCB inquiries, which I offered to mail to you at our December 10th ANSI C-107 meeting."
When you talk about responding to PCB inquiries, whose inquiries regarding PCBs was the attachment -- the attachment to this letter supposed to respond to? These were inquiries that the electrical equipment manufacturers were receiving from within their own companies and frcm Cheii' C'uo t Uluc L to . Okay. And when you refer to the December 10th ANSI C-107 meeting, do you recall what the purpose of that meeting was? Well, that was one of the several meetings held by this ANSI committee to establish the standards that were eventually put together.
MR. PECK: JuBt for the record,
.
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17 what's the date of the document? MR. ATKIN: February 2nd, 1972. MR. PECK: I couldn't read it. Sorry. MR. ATKIN: No problem. Now, question four of the attached questions and answers for ANSI PC6 states, "How does PCB get into the environment?" And the answer begins, "Probably through improper handling, use, and disposal." Is that an accurate statement? Accurate in what way, your reading it from here or accurate in its -Is that an accurate answer to the question? Yes. But the word "probably" is not that specific. Okay. Did you draft these questions and answers? Ye6, sir. okay, when you say probably is not that
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specific, what do you mean?
16
To me the use of the word "probably"
there reflects my lack of specific
reasons for PCBs aettinq into rv><-
environment. Otherwise, I would have
started with the word "through."
Okay. I understand.
Now, Mr. Papageorcj!, if PCBs have
been detected beyond the boundaries of
Monsanto's Anniston plant, that would
mean that Monsanto improperly used or
disposed of PCBs, wouldn't it?
Not necessarily. It could be an
accident, or it could be another source
of PCBs other than the Monsanto plant.
Well, let's assume that it's determined
that the source was in fact the Monsanto
plant, then PCBb that are detected
beyond the boundaries of the plant --
and that those PCBs are detected beyond
the boundaries of the plant and they can
be Bhown to have come from the plant. that would mean that Monsanto improperly
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19 used or disposed of PCBs?
MR. PECK: Object to the form of tne question.
Well, the reason I'm hesitating is the word "improper" is time related. What was proper in 1930 might be improper in 1996. So throughout the decades that PCBs were manufactured, I cannot honestly say that they were improperly handled, because that definition of "proper" kept changing. But you wrote this letter and these answers in 1972, correct? Yes, sir. So that was an accurate statement at the time that you wrote this letter; is that right?
When you wrote that "PCBs get into the environment through improper handling, use, and disposal," that was an accurate statement, according to your opinion, in 1972? Yes, and it refers to that time period.
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1 Q.
Right. To the 1972 time period?
2 A.
Yes, sir.
3 Q.
And it doesn't refer to -- Does it refer
4 to any time period before that?
5 A. ` Well, the statement does, but the
6 definition of proper and improper is the
7 variable.
e Q.
And in your opinion when did that
9 variable change?
10 A.
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It happens so gradually that I don't have a definite date in mind.
12 Q.
Okay. Is it your opinion that allowing
13 PCBs to escape into the environment in
14 1972 constituted a violation of the
15 proper standard of care in the chemical
16 production industry?
17 MR. PECK: Object to the form of
16 the question.
19 A.
That is dependent, sir, on the
20 accidental versus deliberate type of
21 allowing and also is dependent on the
22 amount that is involved.
23 Q.
Let's focus on the latter statement you
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21 just made. What --Do you have a specific amount in mind when you say that the answer iB dependent on the amount ? No, I don't, because it depends on where it is going to end up. What do you mean by that? I'm trying to think of an example. If you take a pound of PCB and introduce it into water with some juvenile shrimp. that pound i6 too much. Now, if you took that pound and introduced it into a piece of soil in your backyard, it's not going to do anything. It'B going to stay there. So I can't say that that's too much. Too much for what? It's not going to do any harm.
So it's not only the amount, it's the final disposal point or area.
. Let b Look at question six, if we could, which asks, "Does PCB cause birth defects?" And the answer is, "Again, some studies have shown it can be
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22 detrimental to the reproductive cycles of certain species of wildlife," correct? That's what it says, yes, sir. And you authored that? Yes. Did Monsanto ever undertake any studies to determine whether PCBb can cause reproductive disorders in humans? In humane? Yes. No, sir. Why not? There was nothing known to anybody, not only Monsanto, to indicate a need for such a study. Okay. If you could take a look at question eight, it states, question, "How can PCB be disposed of?" And the answer discusses, "Under high temperature, controlled incineration, PCB break down into hydrochloric acid. carbon dioxide, and water."
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23 This answer doesn't mention landfilling at all, does it? It does not. MR. ATKIN: Okay. Let us mark for
identification as Exhibit Number Fifty-four -MR. PECK: Yes. MR. ATKIN: --a letter --a three-page letter dated March 22nd, 1972, from T. Katayama, K-a-t-a-y-a-m-a, to Mr. Benignus, and various people received copies. including Mr. Papageorge. This bears Bate's number FGL 0010322 through 0010324. (Plaintiffs' Exhibit Number
Fifty-four was marked for identification.) I have read the exhibit. Okay. Do you recognize this document? I do after I read it, yes. Do you recall receiving it?
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24 Yes. Who was Mr. Katayama? He was a sales representative, as best I recall, with the Mitsubishi Monsanto Company in Japan. Was that a joint venture between Mitsubishi and Monsanto? I don't know if the words "joint venture" adequately describe it, but it was a joint business activity. I don't know how that's described legally. Okay. On the second page, in the second to last paragraph, Mr. Katayama states. "I think the latest happening sensationally moved the government to this direction. The analysis of mothers' milk in Osaka showed PCB levels of zero point seven to zero point one parts per million, as against the FDA's zero point two maximum level for cows' milk. In the diet committee, the Welfare Minister was at a loss when asked if or not babies can drink milk
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25 with zero point seven parts per million PCB without any danger to their healthy growth.'
Let me ask you first, when Mr. Katayama refers to the latest happening sensationally moved the government to this direction, do you know what happening he is referring to? By reading this, sir, at the time I assumed it's tnis analysis of milk that he follows in that same sentence. Okay. Did you have an understanding. when you received this letter, as to how elevated levels of PCBs got into the breast milk of Osaka women? I had a questionable impression -And what was --- that somehow that was related to the water contamination, but I had no specifics to confirm that. Did you have any impression that it might have been from the capacitor plants that were upstream from Osaka
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27 studies regarding what levels of PCBs in babies' milk would be considered -- in mothers' milk would be considered safe to babies' health? Like I said, sir, there was nothing to indicate to anyone, including Monsanto, that such a study would be appropriate and meaningful. Do you know if the Welfare Minister of Japan ever reached a conclusion as to whether or not babies can drink milk with zero point seven parts per million PCBs without any danger to their healthy growth? I do not know. Do you know if -- Do you know if any regulatory body in our country has ever made a determination as to what is considered a safe level of PCBs in mothers' milk? I don't recall any regulation referring to PCBs in mothers' milk. Okay. Now, in the last paragraph on
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that are referred to in the last
26
paragraph on that second page?
Well, I find that I can't jump to
conclusions like that because there are
so many possible sources of PCBs that
it's just not responsible to assume any
one source.
Would you agree, sir, that women who
live downstream from areas in which PCBs are released into bodies of water are at
a risk for having elevated PCB levels in
their breast milk?
MR. PECK: Object to the form of
the question.
Sir, I'm not an authority on that. I
don't know.
Okay. Did Monsanto ever undertake any
studies of whether babies can drink milk
with zero point eeven parts per million
of PCBs without any danger to their
health?
No. No reason to.
Okay. Did Monsanto ever undertake any
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28 that page, Mr. Katayama says that soil samples taken at Nichicon -- Lake Nichicon, N-i-c-h-i-c-o-n, had, in quotes, an unfortunate result, showing one thousand parts per million PCBs.
Do you know why Mr. Katayama believed that a thousand parts per million of PCBs were an unfortunar result?
MR. PECK: Object to the form of the question.
No, I don't. Is there any level of PCBs in soil -soil samples that you would consider to be an unfortunate result?
MR. PECK: Object to the form of the question.
There again, Bir, it isn't only the presence in soil at a level. It's the potential for that soil to cause an exposure to Borne living creature that would result in some harm. The question is just so broad, I really can't answer
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29 it. Do you know if any regulatory body in this country has ever set any threshold levels for PCBs in soil? Yes. Eventually the Environmental Protection Agency came up with a level that they use for regulatory purposes. What is that level, sir? As I remember, it was fifty parts per million.
MR. ATKIN: Okay. That's all I have on that document. Let us mark as exhibit Fifty-five for the Papageorge deposition a May 4th, 1973, letter from Mr. Papageorge to Ms. Mary A. Appelhof, A-p^p-e-l-h-o-f, of the Environmental Health Cormiittee in South Central Michigan Health Planning Council, bearing Bate's number MONS 091681 through
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some broad title, such as Chief
31
Operating Officer of Monsanto Company or
something. It was not addressed to a
specific person. Okay. And who referred the letter over to you? 'i don't recall the individual. It was a
marketing representative at Monsanto involved with PCBs, but I don't recall the specific person. Do you know why the letter was referred to you?
Well, I was involved with the issue. Why that particular individual brought it to me, I don't know.
Okay. Fair enough.
Do you recall generally what type of information Ms. Appelhof was looking for from Monsanto? Generally she was interested in learning more about PCBb. I don't know how else to put it. She had heard of PCBs and didn't quite understand everything she
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30 091682. (Plaintiffs' Exhibit Number
Fifty-five was marked for identification.) I'd ask you to take a look at that, sir, if you could. I have read the exhibit. Okay. Let me ask you first, have you seen this letter before? Certainly. I wrote it. When did you last see the letter? About the date of the letter. Okay. Fine. Do you recognize the letter? I do. Do you recall writing it? Yes. Do you know why Ms. Appelhof was writing to Monsanto? Not really. Okay. Do you know who at Monsanto she wrote to, she addressed her inquiry to? As best I recall, it was addressed to
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32 had heard and was trying to get up to date. Okay. In the second paragraph of the letter you state, "With increasing evidence that polychlorinated biphenyls were being identified as environmental contaminants and that some mammals, birdB, and marine life were being affected" -- Which mammals, birds, and marine life were being affected, as to the time you wrote this letter, on May 4th, 1973? Well, Monsanto studies themselves by '73 reported that some of the PCBs at high levels fed to test animals did result in some effects. And I'm talking here now about the white rat studies. The ones that were done by IBT? Yes. And then there were some studies done with -- Again, IBT did some studies with poultry, chickens. And those studies indicated that some of the PCBs would result in eggs that wouldn't
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hatch.
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The marine life reflected such
studies as were conducted in Gulf
Breeze, Florida, by the Federal
Cotiroercial Fisheriee Laboratory and
established that juvenile shrimp
represented a very sensitive species.
It's that kind of information.
Okay. On the second page, in the first
paragraph, you state that "Ideally,
disposal should be made by exposing the
waste to high temperature incineration,"
correct?
Now, thi6 does refer to solid waste.
yes, sir.
And you say, "We have not been able to
locate commercial incinerator --
incinerators capable of reaching the
high temperatures required."
Did Monsanto ever locate an
incinerator that could reach the
necessary temperatures?
No.
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Okay. That's just a partial list.
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Did Monsanto make any efforts to
segregate and collect the waste materials? We certainly collected it. I don't know 'that we segregated the soiled'clothing
that was discarded from the sawdust. It was all put in steel barrels for disposal. Okay. Well, when you say that the problem of segregating and collecting cii= wdbLe material still remains to be solved, was that problem ever solved? Not to my knowledge.
Now, in the last sentence of that
paragraph, you state, "It is our
considered opinion that as long as the polychlorinated biphenyl waste is not exposed to water and thereby transported, adverse effects to the environment will be essentially eliminated." Do you see that?
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34 For how long did Monsanto continue itB
efforts to locate an incinerator that
could reach the necessary temperatures?
That I don't know, because I was not
involved after about 1976 or so.
Now, in the next sentence you state.
"Additionally the problem of segregating
and collecting the waste material still
remains to be solved." What did you
mean by that?
,
I thought the sentence is pretty clear.
You have got to segregate the
contaminated from the non-contaminated.
put it in the proper bins or receotarl
to avoid losses in transport.
What waste material were you referring
to?
This could include capacitors that have
failed in service. It could include
clay that was used to treat a PCB
liquid. It could include sawdust which
was sprinkled on a spill to absorb it.
rags, workers' clothing.
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36 I do. What adverse effects to the environment were you referring to could be prevented by preventing PCB waste from coming in contact with water? Well, it'8 the --An example is this juvenile shrimp injury or harm that we just talked about. That's just one example.
And at that time, since the chickens were affected by some PCQs, in terms of egg hatching, the idea was extended to say this could possibly apply to wild birds, so let's avoid that exposure. Okay. Now, if PCB waste is exposed to water and transported, then adverse effects to the environment can be expected to occur?
MR. PECK: Object to the form of the question.
No. All I say with that is it's relocated. It doesn't necessarily mean
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37 that the end result is any different than before the relocation. Now, you Bay also in this paragraph, "Lacking orooer incineration, the only recourse available is the use of authorized, properly managed dry landfills." Do you see that? I'm looking for it. I'm sorry, sir. It was before -- It was the sentence before the one I just read to you before. Oh, I find it, yes. Now, Monsanto's PCB landfills in Anniston weren't properly managed or dry, were they?
MR. PECK: Object to the form of the question.
Again, sir, we're talking a period of decades. And the adjective "properly" changed through that forty, fifty year period. What was proper in 1930 was modified such that what was proper in the 19?0s is different. I don't know
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could come from.
39
MR. ATKIN: Okay. That's all I
have on that document.
Let's mark for
identification as Papageorge
Fifty-six a March 18th, 1975,
letter from Mr. Papageorge to
Mr. Dan A. Albert, Staff
Supervisor, Personal
Relations of the Westinghouse
Electric Corporation. It
appears to be an eight-page
letter bearing Bate's number
GBRN 001641 through GBRN 001648.
(Plaintiffs' Exhibit Number
Fifty-six was marked for
identification.) I've scanned the exhibit.
Mr. Papageorge, under the first page --
on the first page of the attachment.
under question one, the question states.
"Does Inerteen have permanent effects on
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36 how to respond to your question other than that. Are you aware, sir, of all the work that Monsanto has been required to undertake to try to address the PCB releases from the Anniston landfill? I'm aware of the fact that work has been done. I'm not aware of the details. I don't know any more than that. The PCBs at the Mars Hills Missionary Baptist Church came from Monsanto's landfill, didn't they, sir?
MR. PECK: Object to the form of the question.
I don't know that any more than you do. Okay. Well, if they didn't come from Monsanto's plant, then where did they come from, in your opinion, sir?
MR. PECK: Object to the form of the question, lack of foundation.
Since I didn't personally see it, I can only -- it amounts to guessing where it
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40 the human body? If so, what type of permanent damage and how long a period of time does it take for this to develop; if not, explain why, if possible."
And these are responses that you are giving to questions that were written to you by Mr. Albert of Westinghouse? is that right? Yes. Okay. Now, the answer that you give -And by the way, did you draft the answers to these questions? No. Who did? Mr. Elmer Wheeler. Okay. If Mr. Wheeler drafted the answers to the question, then why were you addressing the response to Mr. Albert? Well, Mr. Albert had contacted me via a letter with a list of questions. And since they were medically-oriented type
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41 of questions, I asked Mr. Wheeler, who was a member of Monsanto's medical department, if he would draft the responses. And Mr. Wheeler did that and sent them to my office, and I forwarded them to Mr. Albert. Okay. The answer to that first question states at the beginning, "The polychlorinated biphenyls in Inerteen can have permanent effects on the human body.*
What was Inerteen, by the way? Inerteen is a Westinghouse trademark used with products that are liquids that are used in Westinghouse electrical equipment. Okay. Now, when it states here Chat the polychlorinated biphenyls in Inerteen can have permanent effects on the human body, what kind of permanent health effects was Mr. Wheeler referring to?
MR. PECK: Object to the form of the question.
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43 sir? It refers to the fact that chloracne may be an external symptom of overexposure preceding serious liver injury. I just wanted to ask you if you know what -- is it Mr. Wheeler or Dr. Wheeler? Mister. -- what Mr. Wheeler meant when he was referring to serious liver injury? Well, it does refer to increased liver weights. Okay. Anything else that you're aware of other than increased liver weight when he's referring to serious liver injury? No. You mean other than what we are discussing here? Yeah. Well, I understand that continued high exposures can result in that liver being damaged to the point where it cannot recover. Did Monsanto -- I'm sorry. Did Monsanto
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To your knowledge.
42
Well, he was referring to -- Excuse me.
I hesitate because I'm trying to define
the word "permanent" in a way that's
understood by both of us.
Continued exposure can in a way
result in this chloracne that is
described in a person. And as far as
that person is concerned, it's
permanent. That's an example of a
permanent effect, health effect. I
don't know how else to describe it.
The enlarged liver is another
effect that could be included under the
definition of a permanent effect.
Okay. Now, in the middle of that page.
in the paragraph beginning "The
potential toxic effects," it says --
I haven't found it yet.
I'm sorry. In the -- I'm sorry -- the
one, two, three, four -- the fifth
paragraph of the answer.
Oh, okay. And what was your question.
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44 ever tell the residents of Anniston, Alabama, that PCBs can cause serious liver injuries in humans? No more than your service station would tell the neighborhood about the used motor oils that can cause these very things.
MR. ATKIN: Okay. That's all I have on that document. Let us mark -- Let us mark for identification as Papageorge Fifty-seven a March 25th, 1969, letter from Mr. Eugene C. Wright, Pollution Control Engineer of Monsanto, to W. A. Kuhn, K-u-h-n, and several recioienna , i nrl uri i n-r Mr. Papageorge, bearing Bate's number MONS 097308. (Plaintiffs' Exhibit Number Fifty-seven was marked for identification.)
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45 Let me ask you to take a look at that. if you could, sir. I have scanned the article. It's rather difficult to read. Maybe I can help you with some of it.
Sir, did Monsanto ever conduct biological studies on the Choccolocc Creek watershed? Yes. Okay. And did Monsanto hire outBide parties to conduct those biological studies? Yes. When did Monsanto first hire the outside consultants to conduct the studies? Well, this exhibit reminds me that a study was made and refers to the date 1964 . Okay. Where are you referring to? I may have misread that. It's the fourth line down, the third -- the date -Is that from late 1966?
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47 What the watershed is referring to? That's right. The hydrologist's definition of a watershed, I do not know. Now, the purpose of the studies that were conducted was to determine whether M-hnaanfo'p effluent's were producing any adverse effects upon the ecology or chemistry of the watershed? That is the intent, yes. What did the studies conclude? As be6t I recall, it concluded the presence of PCBs. I do not recall any adverse effects being documented. Okay. Who were the outside consultants hired to do these studies? Well, the initial one is referred to as Dr. Ferguson, and later -Later was it Drs. Gunning and Suttkus? Gunning and Suttkus. When did Monsanto first become concerned about whether the effluents were producing any adverse effects on the
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'66, it looks like, yes.
46
To August or September of 1967?
Yes.
Okay. Now, let me ask you first, do you recall receiving this memorandum or this
letter?
I don't recall receiving it. I recall
reading it Bince the date of the letter.
but I don't recall under what
conditions.
Do you recall reading this anytime in
the recent paBt, within the last few
weeks?
No.
Okay. What is referred to as the
Choccolocco Creek watershed?
MR. PECK: Object to the form of
the question.
I just associate it personally with the
presence of a creek that has the name
"Choccolocco Creek" in that area.
Okay.
I don't know --
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48 ecology or chemistry of the watershed? I don't recall a specific date. There was an evolving awareness developing as the analytical procedures were being developed and more information was coming from other sources. And I really can't pinpoint a cpc.ci.fic: tiu=. Okay. It started with the Swedish work in 1966. And from that point on the information slowly evolved. Okay. In the middle of the second paragraph it says, "In each of these reports there is mention of the fact that there are no fish or other aquatic life in Snow Creek.
When did Monsanto first learn that there was no fiBh or aquatic life in Snow Creek? I don't know that I could speak for Monsanto. I can only speak for myself. Okay. When did you first learn of that? I was first exposed to Snow Creek in
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1965. And from chat point on -- My
49
personal observation and discussions
with plant people, we were all under the
definite impression chat it was
lifeless.
Did Monsanto ever tell the residents of
Anniston that it knew that there was no
fish or aquatic life in Snow Creek?
That would be an irrational -- No,
because there waB a lot of industry
around there, not just Monsanto's plant.
The answer i6 no?
That is right.
Okay. The next sentence says, "Snow
Creek receives all of the waste water
and sewered acid from our Aroclor
process."
Do you know when Snow creek first
began receiving all of the waste water
from Monsanto's Anniston plant?
MR. PECK: Object to the form of
the question. It's a mischaracterization of the
"
K&UiUMAjLi Kfc.t'URTING SERVICE, INC.
51 1 Monsanto -- Mr. Wright, Pollution
2 Control Engineer, his recognition that
3 Monsanto was dumping into Snow Creek;
4 5 A. 6 7
isn't that right? I would suggest, sir, that Monsanto was discharging a water stream that had gone ' through a collection pit'and a limestone
8 bed that deacidified that waste water 9 before it was discharged into a -- I'm 10 going to call it a local ditch that 11 eventually ended up in Snow Creek.
12 Q. 13 14 15 16 A. 17
Okay. Is it fair to say, air, that you disagree with Mr. Wright's characterization and use of the word "dumping"? I'm having a hard time finding that word, sir. Can you help me?
18 Q. 19 20 21 22 23
Sure. As I just read previously, the sentence, "Although there are many other factors which could adversely affect Snow creek" -- and then there is the parenthetical that you referred to -"the fact that we dump into Snow Creek
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document.
50
No. When I arrived, that was the
practice. I have no way of knowing when
it really started.
Okay. The next sentence says, "Although
there are many other factors which could
adversely affect Snow Creek, the fact
that we dump into Snow Creek should
certainly be of great interest to us."
As this memo reflects, Monsanto
was dumping PCBs into Snow Creek; isn't
that right?
MR. PECK: Object to form of the
question, mischaracterization
of the document.
No, sir, it doesn't say that. And you
left out a parenthetical expression
there referring to organic dyes and
foundry waste and so on that contribute
to the conditions of that creek.
But my question is, sir, regardless of
whatever else might have been dumped
into the creek, this memo reflects that
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52
1 should certainly be of great interest to
2 US . "
3 A.
Yeah. I personally would not use the
4 word "dump." I would use the word
5 "discharge."
6 Q.
Okay. That's all I have on that
7 document. Thank you.
8 Actually, if you could take a look
9 ` at it -- You don't need the document.
10 Well, yeah, you do. If you could, take
11 a look at it again.
12 Let me ask you thi6, sir: Was the
13 fact that Monsanto was dumping -- to use
14 Mr. Wright's language, characterization
15 -- into Snow Creek, was that of interest
16 to Monsanto?
17 A.
Well, it certainly is of interest in
18 that they had to dispose of this water, 19 and it had to go somewhere. So
20 naturally they are interested in the
21 method of discharge, which included that
22 waterway. So there was interest in
23 that.
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19 20 21 22 23 A.
S3 Of course, the fact that Monsanto installed the limestone neutralization catch basin reflects the interest in avoiding any undesirable contaminants being in that water that finds its way to Snow Creek. Okay. Did Monsanto ever tell the residents of Anniston, Alabama, that it was dumping PCBs into Snow Creek? I don't know that Monsanto even knew it was dumping PCBs. It was discharging a treated waste water. Did Monsanto ever tell the residents of Anniston that it was discharging PCBs
Praslf? No. Do you think that might have been of interest to the residents of Anniston, Alabama, to know that?
MR. PECK: Object to the form of the question, calls for speculation.
Sir, I have no way of knowing what is
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55 bottom, which I believe is addressed to you. It says, 'Bill*' -- Do you see chat? That's not me. That's Mr. Kuhn. It says, "Our thought was that if the business group was interested in 'long-term effects of PCB on a stream) Choccolocco Creek would be a good place to start. Any information would also help us in maintaining knowledge of the situation in the creek and future insurance if an upset occurs." And I believe that is signed by Mr. Landwehr; is that right? That is correct. His first name was Joe? Yes. Do you know what Mr. Landwehr meant by an upset occurring in the future?
MR. PECK: Object to the form of the question.
Do you have an understanding of what he meant?
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interesting to others.
54
Do you think they had a right to know
3 that information, that Monsanto was
4 discharging PCBs into Snow Creek?
5 MR. PECK: Object to the form of 6 the question.
7 A.
If there is no harm in that, it's no
6 different than telling them we are
9 discharging dirty laundry water.
10 Q.
Ie your answer no, you don't think that
11 they had a right to know that
12 13 A.
information? I don't know about rights and knowing
14 that kind of information. It's not 15 helpful.
16 Q.
Do you think Monsanto should have told
17 ' the residents of Anniston, Alabama, that
16 it was discharging PCBs into Snow Creek?
19 A.
There wa6 no reason to, therefore --
20 Q.
Is the answer no?
21 A.
The answer is no.
22 Q. 23
Okay. Let's take a look at the last -the handwritten note there on the
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56 I don't know what Mr. Landwehr meant. Do you have an understanding of what he meant when he was referring to future insurance if an upset occurs?
MR. PECK: Object to the form of the question.
Again, I don't know what he's thinking. MR. ATKIN: Okay. Thank you. That brings us to the next document for identification, which I believe is Papageorge Fifty-eight, which is a four-page document. It's a memorandum written by Mr. Papageorge to -- I'm sorry -- written by Mr. Keller to Mr. Papageorge, dated April 17th, 1970, with a number of other recipients. And the memo is dated personal and confidential. I'd ask you to mark thiB. (Plaintiffs' Exhibit Number
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' 57 Fifty-eight wae marked for identification.)
I have reviewed the exhibit. Ckr.y. The subject cf this memorandum is Environmental Materials Analyzed by Monsanto for PCBs, correct? Correct. What work did Monsanto do to detect PCBs in environmental materials? I don't think I understand the question. Okay. This memo reflects that -- or contains results of samples that were taken from or near eleven waterways associated with industrial sites and waterways and other areas associated with non-industrial sites, correct? Yes. Now, the types of samples taken by Monsanto included samples from water. sediment, air, fish, human fat, and milk, correct? You used the expression "taken by Monsanto." These samples were taken by
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59
Choccolocco Creek?
No, I don't.
Now, in discussing the -- Are you able
to determine from this what levels of
PCBs were found in the samples that were
taken from Snow Creek and Choccolocco
"Creek?
....................
'"
By levels, do you mean specific numbers? Yes. No. This is -This is just reflection that there were
PCBs found in levels from, let's say. parte per billion to parts per million? That's the way it's reported, yes. That's what I thought.
Now, do you have any recollection. independent recollection of what the
levels were of the air, water, sediment. and fish samples that were taken? I do not. Okay. Now, Monsanto analyzed a human fat biopsy specimen also, correct? Yes.
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' 58 others and sent to Monsanto's laboratory. For analysis. For analysis. Thank you for clarifying that.
But those samples included water. sediment, air, fish, human fat, and milk? Yea. And in fact, PCBs were detected in water, sediment, air, fish, human fat. and milk, correct? It is correct generally, but not in every sample. Okay. Now, I'd like to ask you about the samples that were taken from Snow Creek and Choccolocco Creek that are reflected on the chart right at the beginning of the first chart there on page two. Do you see that? I do. Okay. Do you know where these samples were taken other than Snow Creek and
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60 Why? Why did it do that? I don't know. Do you know what the levels were of the PCBs found in the human fat biopsy? I don't remember. Okay. Did Monsanto ever tell the residents of Anniston, Alabama, that PCBs had been found in water samples from Snow Creek and Choccolocco Creek? No. How about sediment samples? No. How about the air? No. How about fish? No. How about human fat?
MR. PECK: Object to the form of the question.
No. And how about milk?
MR. PECK: Object to the form of the question, no foundation.
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No.
61
MR. ATKIN: Okay. That's all I have on that document. And let us mark for identification purposes as Exhibit Fifty-nine to the Papageorge deposition a December 3rd, 1970, letter -memorandum, rather, from E. S. Tucker to Mr. Papageorge and several other recipients as well. It is a three-page memorandum bearing Bate's number SCM 037756 through SCM 037756. And I'd a6k you to mark that, if you could. (Plaintiffs' Exhibit Number Fifty-nine was marked for identification.)
MR. PECK: Do you want me to cover --
MR. ATKIN: Oh, sure, yeah. That
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63 So that is separate and apart from the studies that were done --or the PCB analyses that were done that are referred to in this memorandum? That's correct. Were those Btudies done at or about the same time as the studies that are referred to here, 1970? At or about, yes, about that period of t ime. Okay. Now, Monsanto concluded from the studies that were done on the shrimp in Escambia Bay that there were in fact -that PCBs were in fact affecting the shrimp in Escambia Bay; is chan right? No, sir.
MR. PECK: Object to the form of the question.
I don't see any mention of effects. Okay. This reflects the fact -- the presence of PCBs in the shrimp in Escambia Bay? That is correct.
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will be good. Thank you.
62
Now, this memorandum refers to the
shrimp studies that you were telling us
about before; is that right?
No.
Okay. Let me take a look at -- This
memorandum, then, refers to the PCB
content of Pensacola White or Bay Shrimp, correct?
That's the title, yes, sir.
Which shrimp studies were you referring
to earlier? There is a laboratory located offshore
from Pensacola, the City of Pensacola,
at Gulf Breeze, Florida, that at that
time was called the Commercial Fisheries Laboratory, as best I recall, in which
the researchers tried different
exposures to the shrimp and the fish and
whatever is found in the Gulf of Mexico.
And they exposed some of the
recently-hatched shrimp to different
chemicals. One of them was PCBs.
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64 Okay. Do you know why Monsanto undertook this analysis of the PCB content of shrimp from Escambia Bay? I'd be guessing, sir. Okay. I don't want you to guess.
Escambia Bay is near the Monsanto plant in Pensacola, Florida, right? Yes. Did Monsanto ever take any steps to minimize the amount of PCBs discharged from its plant in Pensacola, Florida? Yes. That was a continuing objective. And did Monsanto make any attempt to reduce the level of PCBs in Escambia Bay? Not the bay itself, no, sir. Did Monsanto ever share the results of its PCB analysis of shrimp in Escambia Bay wirh any authorities? Not to my knowledge. Did Monsanto ever share the results of its PCB analysis of shrimp in Escambia
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65
Bay in Florida with any state or federal
authority in Alabama?
I don't know.
MR. ATKIN: Okay. That's all I
have on that document.
.
Let us mark for
identification as Papageorge
Sixty a one-page memorandum
from Mr. Wheeler to D. S.
Cameron, C-a-m-e-r-o-n, Brussels, dated January 29th,
1970, regarding status of
Aroclor toxicological
studies.
(Plaintiffs' Exhibit Number
Sixty was marked for
identification.)
I have read the document.
Okay. This memo -- In this memo
Mr. Wheeler states that he is enclosing
a copy of the reports from our
consulting laboratory indicating the
status of the animal toxicity studies.
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66
1 Now, when he's referring to the
2 animal toxicity studies and the work
3 done by the consulting laboratory-; is he
4 referring to the IBT studies?
5 A.
Yes.
6 Q.
Okay. When did Monsanto first hire
7 consultants to conduct animal toxicity
6
studies regarding the
c-, to tht best
9 of your recollection?
10 A.
It waB in the '40s, late '30s, as best I
11 recall.
12 Q.
Who did the work that was done in the
13 late 1930s or the 1940s on animal
14 toxicity and PCBs?
15 A.
There was a laboratory, aB best I
16 recall, Younger Laboratories.
17 Q.
Younger?
18 A.
Younger, Y-o-u-n-g-e-r.
19 Q.
And the work that they did, was that
20 done only in the late '30s, early '40s,
21 or did they continue to do work?
>
22 A.
There were repeated studies in the '50b
23 and then of course in the '60s.
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67
1 Q.
Who did the studies in the '50s?
2 A.
I don't remember the name of the
3 laboratory.
4 Q.
Okay. And who did the studies in the
S 6 A. 7 Q. o
1960s?
Industrial Bio-Test Laboratories.
"'IBT?
"" ' .............................
I5T.
9 Q.
Let's talk for a second about the
10 studies that were done in the late 1930s
11 or early 1940s by Younger Laboratories.
12 Do you recall what type of studies were
13 done?
14 A.
Those were the studies typically
15 referred to as Acute Animal Toxicity
16 Studies.
17 Q. 18 A. 19 Q.
What types of animals were studied? The white rat is the typical -Okay.
20 A.
-- test animal.
21 Q. 22 23
What was the purpose of those studies that were done in the late 1930s or early 1940b by Younger Laboratories?
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68 To establish the level at which the animals are seriously affected. I forget the exact ground rules, something like half of the animals die as a result of exposure, some such guideline. LD 50? Yes, that's it, LD 50. DO yOU i.ck,a4i hiiaL icuci Was uc'-CilUi*iCU to be the LD 50 level by Younger Laboratories based on the studies that they did with white rats in the late 1930s or early 1940s? I do not. Now, the studies chat were done in the 1950s, to the best of your knowledge were they done by a laboratory other than Younger Laboratories? The reason I hesitate, as I remember. Younger Laboratories changed names. The personnel were the same, but the
laboratory designation changed. And I don't recall which took place first. But was the -- were the studies that
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69 were done in the `50b done by the laboratory that was formerly known as Younger Laboratories? I'm under that impression, yes. You just don't remember the name of the laboratory? That is correct. What was the purpose of the studies that were done in the 1950s? Just a reconfirmation of what was perceived to be data that might bear a looking into again. And do you recall the results of any of those studies? I don't remember the specifics. Okay. And how about the studies that were done in the 19606 by IBT? What was the purpose of those studies? The first tests run in that period were referred to as a subchronic series, which is the exposure that is -- as best I remember, is a ninety-day exposure. And the idea is to expose the test
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given to?
I do not.
Do you know what data they were given?
I do not.
Do you know if the data that's referred
to in this memorandum was ever shared
with any other Monsanto customer?
I do know that later versions of those
status reports were shared with Monsanto
customers. How much later?
'
Oh, I can't recall the exact period, but
the intent was to have a status report
about every six months that we would
share with customers.
Okay. The next sentence says, 'I don't
see why this information cannot be
released with discretion in Britain or Europe."
Do you know what Mr. Wheeler meant
when he talked about the animal toxicity
data possibly being released with
discretion in Britain and Europe?
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animal to the point where it survives
70
for the ninety-day test period, but at
the same time, if there is ?ri erfect,
that that effect be noted. And that series of tests was UBed to establish Che dosage levels that were later used for the lifetime studies, the
two-year-plus studies.
That were done, when, in the '70s?
Yeah, in the early '70s.
And the tests that were done by IBT in
the 1960s, what types of animals were
they done on? There were white rats, beagle dogs, and
leghorn chickens.
Okay. Now, in this memorandum.
Mr. Wheeler says, in the second paragraph, "We have given copies of
these data to one U.S. customer, the
USFDA, and one or two other state
agencies." Now, let me ask you first, do you
know which U.S. customer the data was
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72 MR. PECK: Object to the form of
the guestion, calls for speculation. I don't know what Mr. Wheeler meant by that. Was the animal toxicity information that is referred to in this memorandum ever released with discretion in Britain or Europe? Well, sir, I know personally that it was releaeed, but I don't know about the use of the word "discretion." I personally was involved shortly after January, in April, as I remember -January 1970? -- 1970, with.sharing that kind of information with individuals, custcmers, co-producers and what have you in Europe. Okay. Now, according to this memorandum, the paragraph states, 'Dur interpretation is that PCBs are exhibiting a greater degree of toxicity
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in thie chronic study than we had anticipated."
73
What were the results of the
studies that showed a greater degree of
toxicity than had been anticipated?
MR. PECK: Object to the form of
the question. There is lack
of foundation for this witness to deal with issues of toxicity. It has to do with the observed results
on the livers of the test animals at the high levels of exposure and for the
higher chlorinated types of PCBs.
The higher chlorinated, referring to
1 *> c*
t 26 n?
1260, yes, 6ir. What results had been anticipated?
MR. PECK: Object to the form of
the question. Well, up to this point there was nothing
to indicate that PCBs would have any
results, and we expected the test
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75 referring to when he said that data would perhaps be more discouraging?
MR. PECK: Object to the form of the question.
Hatchability of eggs. Okay. Now, in the last sentence in this memorandum, Mr. Wheeler says, "We are repeating some of the experiments to confirm or deny the earlier findings and are not distributing the early results at this time."
Let me just aBk you. Did Monsanto have the experiments repeated? Yes. Okay. And did they confirm or deny the earlier findings? They confirmed.
MR. ATKIN: Okay. Let us mark for identification purposes for your deposition as Papageorge Sixty-one a May 7th, 1970, memorandum from G. W. Miller to G. L. Jessee. And
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74 1 animals to reflect that belief. And it
2 dicin' t do so.
3 Q.
Okay. Now, the next paragraph states --
4 actually -- Withdrawn.
5 The next sentence in that
6 paragraph states, "Secondly, although
7 there are variations, depending on
8 species of animals, the PCBs are about
9 the same as DDT in mammals." Do you 10 know what Mr. Wheeler meant by that?
11 MR. PECK: Object to the form of
12 the question.
13 A.
No, I don't.
14 Q.
The next paragraph states, "We have
15 additional interim data which will
16 perhaps be mci'e
,i.ng ."
17 ' know what data Mr. Wheeler was referring
18 to in that sentence?
19 MR. PECK: Object to the form of
20 the question.
21 A.
He was referring to the results in the
22 chicken studies.
23 Q.
Okay. What results specifically was he
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76 Mr. Papageorge is a recipient of this memoranda. The memorandum is dated May 7th, 1970. It bears -- It's a two-page memorandum bearing Bate's number MONS 099533 through 099534. (Plaintiffs' Exhibit Number
Sixty-one was marked for identification.) I have scanned the exhibit. Okay. ThiB discusses a visit by Mr. Landwehr, Mr. Wright, and Mr. Miller to Mr. Crockett at the Alabama Water Improvement Cocrmission in or about May 1970. Were you aware of that visit? Eventually, yes. What does eventually mean? When I got a copy of this letter or memorandum. Okay. Have you seen this memorandum anytime in the recent past? By recent, if you mean the past couple
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77 of months, yes. Did you look at it in the last couple of weeks? No.
Now, wno -- Do you know who at Monsanto first initiated contacts with Mr. Crockett on the PCB issue? No, I don't. Okay. One of the topics that they discussed with Mr. Crockett was that Aroclors reaching the watershed from the Anniston plant were entering Snow Creek, correct? Will you help me find that reference? Yes. If you look in the second paragraph, it says -- number three says, "Additional information supplied covered the following fact6." And number three . is, "Any AroclorB reaching the watershed from the Anniston plant were entering Snow Creek." That's what it states, yes. Okay. Now, in the next paragraph, it
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79 in the third paragraph of this memorandum, one of the things that he recommended, number three, is "Give no
statements or publications which would
bring the situation to the public's
attention." Do you see that?
I see that.
'
Okay. Do you recall learning about the
fact or discussing the fact that Mr. Crockett had recommended that Monsanto should give no statements or
publications which would bring the
situation to the public's attention? I recall that, ye6, sir. What do you recall about that?
I can share with you my impressions at the time. Okay.
This confirmed my experience and belief
that individuals in this type of assignment are very sensitive to what is
revealed to the public; and therefore. this is almost an expected reguest.
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states, "He" -- referring to
78
Mr. Crockett -- "alluded that our action would produce a situation that
beneficial to the protection of both the Monsanto and AWIC positions." Do you know what he meant by that?
No.
MR. ATKIN: You didn't need that objection.
MR. PECK: I was just going to object to the form of the
question because it calls for speculation by you. You handled it, so never mind.
Do you know, sir, what position Monsanto
was looking to protect that is referred to here in this memorandum?
No, I don't.
Do you know what position the AWIC wa6
looking to protect?
I do not.
Okay. Now, in the recommendations that
Mr. Crockett made that are referred to
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60 Okay. That was your impression at the t ime? That is ray impression. Okay. Did Monsanto follow this recommendation? No. Okay. Well, did it ever make any statements to the public about the fact that it knew that Aroclors reaching the watershed from the Anniston plant were entering Snow Creek? I don't know about those specific words, but I do recall -- Yes, they did. The plant manager addressed that. How did he address that? Well, T have a vivid recollection of an article in a local paper that appeared
in 1970, as best I recall. Anything else? That's all that comes to mind right now. Okay. Do you recall being cold of a recommendation that Mr. Crockett made that if approached by news media, either
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61 the AWIC or Monsanto ie free to state the situation is under study by the staff of AWIC at the direction of the technical director, Mr. Crockett? Yes. And was that recommendation adopted by Monsanto? Yeah. Okay. Now, the paragraph number five in this memorandum, under the recommendation, says, "If in the future information ie developed indicating that Aroclors are detrimental to watersheds, Monsanto will be required to secure a permit from AWIC to allow certain maximum quantities of chlorinated biphenyl to enter Snow Creek."
Did Monsanto ever Becure Buch a permit from the AWIC? No. The detrimental effect was never determined; therefore, no need to secure any permit. Okay. Let me ask you. Before this
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that received the discharge of the
Anniston Municipal Treatment Plant.
What chemical was involved?
Parathion, p-a-r-a-t-h-i-o-n.
When you say a fish kill, how many fish
were killed?
I have no idea. I don't 'remember the"
amount.
Okay. Was that information ever
disclosed to the public?
Oh, yes.
'
How was it disclosed to the public?
All the media, news media, radio,
newspaper.
Did Monsanto ever release any -- a press
release regarding the fish kill that you
are referring to in the '60s that resulted from parathion?
release, I don't remember any.
MR. ATKIN: That's all I have on
that document.
Let us mark for
identification purposes as
.
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62 1 situation involving the PCBs and the
2 contacts that Monsanto had with
3 Mr. Crockett regarding Aroc.1 or
4 pollution, did Mr. Miller, Mr. Landwehr,
5 or Mr. Wright or anyone else at Monsanto
6 have any prior dealings with
7 Mr. Crockett on any other environmental
e matters?
9 A.
Yes.
ID Q.
What types of matters?
11 A.
Well, I personally met with Mr. Crockett
12 on a situation where some agricultural
13 chemical resulted in a fish kill in -- I
14 have forgotten the exact date, in the
15 '67, '66 period.
16 Q.
An agricultural chemical produced or
17 ` manufactured at the Anniston plant?
18 A.
Yes, sir.
19 0.
When you say a fish kill, what do you
20 mean?
21 A.
A fish kill, you know, bellies up
22 scenario, where the fish -- And I forget
23 which water system. It was the system
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84
Papageorge Sixty-two a
one-page document bearing
Bate's number FGL 0913054, a
sumtary by Mr. Papageorge.
(Plaintiffs' Exhibit Number
Sixty-two was marked for
identification.)
I have read the exhibit.
Let me ask you first. Do you know when
this summary was prepared by you? It's familiar, and yet I can't place it
time-wise.
Well, I note that it says on top.
"Received by Westinghouse from Monsanto
on May 29th, 1967." Obviously that wasn't on the original document i-h-r.t you
authored.
That is correct. %
DwCS that i'C^lCaii y
... iCCuiiCCtiui,
though, as to whether or not you wrote
the Buninary in or about that time, in or
about 1987?
Oh, no. This was in the '70s.
'
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85 Okay. Do you know if it was the early '70s or late '70b? I suggest about the middle '70s. Okay. Now, in this summary you are discussing with Monsanto -- revealing to Monsanto's customers your observations regarding whether PCBs degrade in the environment, correct? I'm not certain. I am advising somebody, but I don't recall at the moment what the audience was. Oh, okay. That's a good point.
Let me ask you this, then: Did you ever issue summaries to Monsanto's customers explaining your observations about whether PCBs degrade in the environment? Yes. Okay. How often did you do that? I think it was done once. So this may be the summary that was done; is that right? Yeah. Underline the "may be."
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67
Yes. Okay.
Now, when you say that this
belief is results from laboratory data,
what laboratory data were you referring
to? There was a study conducted by Dr. Scott
Tucker and another study conducted in
hy Monsanto research
personnel.
Okay. Can you tell us any specifics of
what those' studies found?
They found that the lower chlorinated
types of PCBs --
Which PCBs are you referring to
specifically?
The di, the tri, the tetra, the chloro,
some of the pentas. Once you get above the five chloros, they were more resistant.
Did you ever issue any subsequent
sumnaries regarding the degradation of
PCBs in the environment subsequent to this document?
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You're not sure?
86
I'm not sure.
Now, when did Monsanto first believe
that PCBs degrade in the environment?
You used the word "believe."
Well, actually -- I don't mean to
interrupt, but it's your word. It Bays,
"Lead us to believe with considerable
confidence that PCBs do degrade in the
environment."
This use of the word "belief" is based
on some laboratory data. Monsanto's
observation of the analytical results it
was receiving in the late '60s, early
'70s created a -- I'm going to call it a
hypothesis. The reason the lower
chlorinated PCBs, which were sold in
greater quantities, were not being found
in the environment could well be that
they are degrading.
Okay. So when you refer to here the
fact that there is degradation, you are
referring to the lower chlorinated PCBs?
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Not knowing the details of this summary. I don't know that I can answer your question. This may well have been the last one, or it could have been an intermediate one. I don't know. Do you recall ever telling any customers of Monsanto that PCBs do not degrade in the environmentt At what point in time, sir? At any point in time. Any point? There was, before the studies confirmed the suspicion we had. a point in time when it was sincerely believed that PCBs were inactive, inert, that once they got in the environment nothing would happen. Do you know what that point in time was? Oh, gosh, it's again one of those evolving impressions. In the early '30s, '40s and '50s, it was sincerely believed that they were inert. It was only when the studies out of Sweden were known or made known that the inertness
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1 began to be questioned. 2 MR. ATKIN: Okay. That's all I 3 have on that document. 4 Let ue mark for 5 identification purposes a 6 December 24th, 1970 -7 MR. PECK: It will be Plaintiffs'
e Exhibit Sixty-three.
9 MR. ATKIN: I'm sorry? 10 MR. PECK: It will be Plaintiffs' 11 Exhibit Sixty-three. 12 MR. ATKIN: Thank you. For 13 identification purposes as 14 Papageorge Sixty-three, a 15 one-page memorandum dated 16 December 24th, 1970. 17 Mr. Papageorge is apparently 16 a recipient. The memo was 19 written -- It appears to have 20 been written by Mr. Landwehr 21 or perhaps by Mr. Savage to 22 Mr. Landwehr. 23 (Plaintiffs' Exhibit Number
'
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90 Sixty-three was marked for identification.) Let me just hand it to you. I have read the exhibit. Let me ask you this: Did Monsanto have a budget for PCB pollution control in 1970? Yes. What was the monthly amount budgeted? Do you know? No, I don't remember. Xb that pollution -- PCB pollution control what -- PCB pollution control budgeted amount also referred to in this memorandum as the toxicological account? Can you help me find that reference? Sure. The next to the last paragraph. It says, "I cannot agree that the toxicological account will be ten thousand dollars a month in 1971." And I think it say6 in parenthesis, "Sixcy-seven hundred dollars over the present budget."
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91 I guess what I'd like to know is the toxicological account being referred to here, is that the same ae the PCB pollution capital amount -- budgeted amount? MR. PECK: Object to the form of
the question. I don't remember. What was the PCB pollution capital amount supposed to be used for? The capital account? The PCB pollution -- Well, it refers to "PCB pollution capital at Anniston should be held to minimum.*
I guess what I am asking you is -I presume that is referring to a certain budgeted amount? It's a budgeted amount of money to be used for new facilities. What types of new facilities? Whatever the management of the plant felt they need. New facilities to do what?
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92 Whatever their programs called for. Is that in connection with controlling PCB pollution?
MR. PECK: Object to the form of the question.
Yes. If it's referred to as PCB pollution capital, it has to do with PCBs in the environment. And any new facility, like a new pump, for example, had to come out of that budget as distinguished from repairing a pump that's already in service and need6 repairs. Okay. Now, according to this, it appears that the present budget in 1970 for PCB pollution capital was thirty-three hundred dollars a month. Is that right?
MR. PECK: Object to the form of the question.
I'm having a difficult time finding it again. Sure. It's the next to the last
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93 paragraph. "I cannot agree that the toxicological account will be ten thousand dollars a month in 1971." In parenthesis, "Sixty-seven hundred dollars over the present budget."
MR. PECK: What was the question again?
Does that refresh your recollection, sir, that the budget in 1970 for the PCB pollution capital at Anniston was thirty-three hundred dollars a month? Sir, as I had indicated earlier, I don't know that the terminology today to -- I don't recall the terminology that would help me make a distinction between the bu-csiieo toxicological account and the pollution control account. Do you have any understanding, sir, as to whether or not the toxicological account is any different than the PCB pollution capital account? I don't know the difference today. Do you know what the toxicological
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95 Does this memo reflect that it was written -- Can you tell if this was written by Mr. Landwehr to Mr. Savage or from Mr. Savage to Mr. Landwehr? The author is Mr. Savage, addressed to Mr. Landwehr. Okay. Mr. Savage was in the general . office? Yes. What was his title? He was manager, manufacturing for the organic chemicals division of Monsanto company. Do you recall whether or not Mr. Landwehr had proposed that the toxicological account for 1971 be ten thousand dollars a month? I don't remember that, no. Do you recall Mr. Savage -- Do you recall the topic of this memorandum, which is -- Do you recall Mr. Savage at any time stating that he could not agree with a proposed amount that was being
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account is referring to?
94
I do not.
Okay. Did the decision to move
production of liquid Aroclor to
Krummrich have any effect upon the
budget Monsanto was willing to allot to
PCB pollution control at Anniston?
Naturally, yes.
And Monsanto was looking to minimize the
amount that would be spent on PCB
pollution control consistent with the
phaseout of the PCB manufacture in the Anniston plant; is that right?
MR. PECK: Object to the form of
the question.
Yes. If you -- by your expression of
tying it in to the phasing out, that is
correct, yes.
Okay. Now, who at Monsanto made the
decision to minimize the budget for PCB
pollution control at Anniston?
Don't know.
Well, maybe you can help me with this:
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budgeted or a proposed budget for
toxicological or PCB pollution control
in Anniston in 1971?
MR. PECK: Object to the form of
.
the question.
Do I remember it specifically? No.
This is a normal type of discussion that
takes place during the budget-setting
process. There are differences of
opinion.
You don't remember it specifically?
No, I don't.
MR. ATKIN: That is all I have on
chat memorandum.
(Discussion held off record.)
MR. PECK: I was just asking Jack
if he knew there was any more
to this document. It looks
like this document, which was
marked as Plaintiffs' Exhibit
Sixty-three, is more than one
page to me. MR. ATKIN: And all I can tell you
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97 1 is that I'm not aware of -- I 2 eee what you're saying, that 3 perhaps there should be some 4 additional material, but I'm
not aware of any. Maybe In the way it was produced, we 7 couldn't put -- You know. 6 maybe it was produced 9 separately. 10 You are switching tapes, 11 right? 12 THE VIDEOGRAPHER: I have switched 13 already. 14 MR. ATKIN: Let US mark for 15 identification purposes as 16 Papageorge Sixty-three -17 MR. PECK: Sixty-four. IB MR. ATKIN: -- Sixty-four -- thank 19 you --a three-page 20 memorandum, a report by PCB 21 study group dated December 22 10th, 1975, by Mr. Wilkins to 23 Mr. Harbison. And there are
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99
1 relations and government relations team.
2 Q.
Okay. Who was on that team?
3 A.
I remember a Warren Wealey out of the
4 Washington office and Dan Bishop and Jim
5 McKee.
6 Q.
All the people who are listed here as
7 "recipients, were you all part of the PCB
8 study group?
9 A.
No. I wasn't, I know, and Mr. Paton
10 wasn't, and neither was Mr. Potter.
11 Q.
why did you receive a copy of this?
12 A.
I'm sorry?
13 Q.
Why did you receive a copy of this
14 memorandum that is referring to a report
15 by the PCB study group?
16 A.
well, I was the person that had the
17 assignment with PCBs from 1970, and I
18 was perceived to be a part of the
19 network, if you will, regarding PCBs.
20 Q. 21
Okay. What was the purpose of the PCB study group?
22 A.
I'd be guessing, sir. I don't know.
23 Q.
Okay. Now, the -- On the last page of
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several recipients on the
98
bottom of the memorandum,
including Mr. Papacsorge.
(Plaintiffs' Exhibit Number
Sixty-four was marked for
identification.) I have scanned the exhibit.
Okay. Let me ask you first. Who in
Mr. Wilkins, Pierre Wilkins?
Mr. Wilkins at that time was the
Monsanto medio relations individual
located in New York City.
Was he a Monsanto employee?
Yes.
And who was Mr. Harbison?
Mr. Harbison at that time was the vice
president and principal official in the
group within Monsanto referred to as the
Monsanto Industrial Chemicals Company.
Okay. Now, was there a group at
Monsanto called the PCB study group or
referred to as the PCB study group?
That group was primarily a media
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1 this memorandum, it states, "The group
2 further considered a number of broad
3
nrincinl
and
i>*ca <->,f
4 the period ahead to minimize the
5 negative impact on Monsanto's image.
6 Those were:" And it lists a whole bunch
7 of different things.
8 The last one is the one I would
9 like to talk to you about. It says,
10 "Principally, Monsanto must not be
11 viewed as being forced into a decision
12 to withdraw from PCB manufacture by
13 either government action or public
14 pressure. Rather, key audiences must
15 perceive Monsanto as having initiated
16 responsible action in a manner
17 consistent with past reputation and
18 practices."
19 Let me ask you this: Was the PCB
20 6tudy group concerned that Monsanto 21 would be viewed as being forced u.-.r.o a
22 decision to withdraw from PCB 23 manufacture by government action?
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101 MR. PECK: Object to the form. Again, since I wasn't part of this group, I really can't speak as to what thoughts went through their minds. Well, when you received this memorandum, did you formulate any opinions or discuss the contents of the memorandum with anyone? I formed my own opinions after reading the document. And did you form an opinion as to whether or not the group was concerned that Monsanto not be viewed as being forced into a decision to withdraw from PCB manufacture by government action? Yes. The impression I got from that is that whatever Monsanto did, it should not be perceived as being forced to do it. The intent was to -- if it's going to be done, Monsanto take the lead and do it. That's ray impression of that statement. And similarly, that it should not be
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103
brings us to Papageorge
Sixty-five for identification
purposes .
And this is a four-page
document called Executive
Sunroary, PCB Pollution, dated
10-29-69, bearing Bate's
number STR 016691 through STR
018694 .
(Plaintiffs' Exhibit Number
Sixty-five was marked for
identification.)
I have glanced at the document.
Okay. This is an executive summary on
PCB pollution. Do you know who prepared
this executive summary?
I do not.
It waen't you? Correct.
/wwi i s unwary?
1 xeceiving this executive
I did not.
You did not receive it?
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102 forced into a decision to withdraw from PCB manufacture by public pressure? Yeah. That goes along with the government action, yes. Okay. Do you know why Monsanto wanted to avoid being viewed as being forced into a decision to withdraw from PCB manufacture by government action or public pressure? I can't speak for the corporate thinking there, no- I'd be guessing. Okay. Now, when the last paragraph says that "Rather, key audiences must perceive Monsanto as having initiated responsible action," do you know who the key audiences were being referred to here? Again, sir, I can list you many, but it's still a guess on my part. Okay. You don't know? I don't know.
MR. ATKIN: Okay. That's all I have on that document, which
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104 That is correct. Okay. Do you know who this executive suiunary was sent to? I do not. Now, thi6 summary reflects that by 1969 Monsanto was aware of the ecological problems caused by PCB pollution. correct?
MR. PECK*. Object to the form of the question.
That's what it states, yes, sir. In fact, it states that by mid 1969 Monsanto knew that PCBs had created a world-wide ecological problem; isn't that right?
MR. PECK: Object to the form of the question. The document speaks for itself. It's not a document he has seen netore.
I'm referring to the last sentence of the first section, Problem Definition and Timing, "Monsanto confirmed PCBs in
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105 mid 1969 and confirmed the adequacy of work by Widmark and Jensen and others, a world-wide ecological problem."
MR. PECK: Lee me object to the form. There is no evidence of where the document even came from and no foundation for questioning him about it. Go ahead.
I don't understand the question. Am I supposed to agree that it's here, that that ie what we are reading? I'm asking you whether or not -- Well, obviously it states that here, correct? That's what's typewritten here. Do you have an understanding as to whether or not Monsanto knew in mid 1969 that PCB6 had created a world-wide ecological problem? Well, the presence of PCBs in many, many samples imply world-wide ecological problem. And you knew that in 1969, right?
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107 Go ahead. Sir, after I received my appointment in the PCB environmental issue in 1970, I was made aware of some of the activities that took place prior to 1970. I was aware that a presentation was prepared for upper Monsanto management. This specific document seems to cover those subjects, but I have no way of relating it to the presentation that actually took place. When you say a presentation was prepared, who was it prepared by? There was a group composed of Monsanto employees that reflected marketing. research, public relations, medical. that put together the many thoughts that related to the issue and assisted the managers of the two business groups
involved in preparing a presentation that was made to the top management committee. Do you know who made that presentation
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106
Did 1 personally know it in '69?
Yes.
No.
But others at Monsanto knew that?
MR. PECK: Object to the form of the question.
Yes, there were others.
Certainly the person who prepared this
executive summary knew that?
MP. PECK
:he for-
the question.
Correct.
Did you ever hear about anybody working
on an executive sunmary on PCB
pollution?
Did I ever hear of it?
Yes.
MR. PECK: We are operating under
the usual stipulations,
aren't we? MR. ATKIN: Yes.
MR. PECK: We never said that.
I'm assuming so.
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108 to the top management committee? I know some of the people. I recall some of them. All right, sir. Who were they? Howard Bergen, James Springgate, representing the business groups. Elmer Wheeler spoke on the medical information. Those were the key presenters. Okay. When you say that they made a presentation to upper Monsanto management, who are you referring to there? At the time -- this w?g the president of Monsanto -- was several vice prssidento. The committee itself had different names through the periods of time. I think at the time it was called the corporate development committee, but it could have been the corporate administrative conmittee. Who was the president of Monsanto at that time?
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109 Ed Bok. B-o-k, I think, ie the way you spell that. Now, on page two the memo reflects that Monsanto was worried about the potential business it might lose for PCBs on a world-wide basis, correct? I'm referring to the paragraph headed Effect on Monsanto; one, business potential at Btake on a world-wide basis. I'm having a hard time again finding the exact -It's the paragraph before that, the heading. Do you see the heading Effect on Monsanto? Yes. One, business potential at stake on a world-wide basis? Yes. This is the -- This particular
item number one on page two reports the quantities and value of the different uses of PCBs. Right. And the potential business loss that Monsanto was concerned about was
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loss of business; isn't that right?
Ill
MR. PECK: Object to the form of
the question, calls for
speculation from this witness. Yes. Those are the factors that enter into the decision making.
MR. ATKIN: That's all I have on that.
MR. PECK: Jack, let's take a quick break.
(A break was taken from 11:S5 a.m. to 1:00 p.m.)
MR. ATKIN: Let us mark for identification purposes -- We
are now back on the record .
after lunch. Thank you -Papageorge Exhibit Number Sixty-six. And this is a January 23rd, 1969,
memorandum on Aroclors and plant effluent, with a Bate's number NEV 031181.
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110 eight to eleven million dollars a year annually in gross profit, correct?
MR. PECK: Object to the form of the question, calls for speculation from this witness.
I don't know. That's not necessarily a loss. That's the value of the business. It could be replaced by substitute products and even exceed that eleven million. So that is the piece of business that is going to get the attention here. Right, the PCB piece of business. The PCB piece of business? Yes. That doesn't mean it's all going to be loss. I understand.
Well, this executive summary reflects that in 1969 Monsanto wa6 weighing the risk of producing PCB products which cause a world-wide ecological problem against a potential
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112 And I will say, to Bave, Mr. Peck, time, I think one could surmise that perhaps there is another page to this document as well, but I don't have it. I'm not sure, but I say that because there is no signature at the bottom or anything. (Plaintiffs' Exhibit Number Sixty-six was marked for identification.) MR. PECK: Yeah. I suspect there are additional pages to this. I have that one page for you. I have scanned the exhibit. Okay. You have had a chance to look at it. Let me ask you. Do you know who wrote this document? No, I don't. It's addressed to E. G. Wright in Anniston. Is that Mr. Wright that we referred to earlier?
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113 Yes. And is it Mr. Buckley in Krummrich? Yee. Who is Mr. Buckley? He is Mr. Wright's counterpart at the Krummrich plant. And you were one of the people who received this memorandum, correct? I was, yes. Do you recall receiving it? Now that I've reviewed it, I do recall it, yes. In the first paragraph, it says, "With the likelihood that the attention now being focused on presence of Aroclors in natural waters will draw attention to any Aroclor being sewered in our production plant outfalls, we should begin to protect ourselves."
And I just would like to ask you, do you know what was meant by the author of this letter when he wrote that we should begin to protect ourselves?
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114
1 A.
I can only guess.
2 MR. PECK: Object to the form of
3 Che question.
4 Q.
I'm sorry?
5 A.
I can only guess.
6 Q.
I don't want you to gueBs, then.
7 Do you recall having any
e discussions with anyone about what was
9 written here, about this particular 10 sentence, about beginning to protect
11 ourselves?
12 A.
No, I don't.
13 MR. ATKIN: Okay. Then let's move
14 on.
15 Let us mark for
16 identification purposes for
17 this deposition as Papageorge
ie Sixty-seven a -- It looks
19 like an eleven-page document,
20 but the last page has
21 absolutely nothing on it. So
> 22
it'8 probably a ten-page
23 document bearing Bate's
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115 number SCM 037621 through SCM 037630, a document authored by Mr. Benignus on January 26th, 1970, regarding the PCB pollution problem, January 21 and 22, 1970, St. Louis meeting with General Electric Company. (Plaintiffs' Exhibit Number
Sixty-seven was marked for identification.) I'd ask you to take a look at that, if you could. I have read item D on page two and scanned the remainder of the exhibit. Okay. Let me ask you first. Did you attend this -- Well, this memorandum reflects that you attended a meeting that was held with General Electric on January 21st and 22nd, 1970? Yes, I was there. Do you recall that meeting? Yes.
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116 On page two, D, it discusses the status of Aroclor studies at IBT? It does. And it mentions the fact that the chronic animal toxicity test and animal reproducibility studies that were being done by IBT were not as favorable as Monsanto had hoped or anticipated? It does. And it also says that the studies on the effect of PCBb on the hatchability and production of eggshells of white leghorn chickens was particularly alarming, correct? It doeB. Do you know exactly what the results were that were considered to be particularly alarming? The fact that the eggs would not hatch. and some of the eggs that were farmed were so thin-shelled, which was another new piece of information. Okay. Now., it then goes on to state,
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. 117 "The studies involved Aroclor 1242, 1254, and 1260. Some of the studies will be repeated to arrive at better conclusions."
Did Monsanto have PCB toxicity tests and animal reproducibility studies repeated by IBT in order to get better results? I don't know that I would call them better results. Well, results that have better conclusions? Yes. The tests were repeated to confirm the reliability of the first results. And by looking at both sets of tests, the intent was to arrive at a better conclusion. Okay. If you could look at page six for one second, I have one other question for you, under number eight there on page six. Page six, number eight, I have it. It says, "To date and for the
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119
available, lacking anything better. Okay.
The intent ie to try to come up with
hir.g better than what was
available.
MR. ATKIN: Okay. That's all I '
have on that.' '
....................... "
(Discussion held off record.)
MR. ATKIN: Let us mark for
identification purposes for
the Papageorge deposition as
Exhibit Number Sixty-eight a
July 27th, 1970, letter from
Mr. Papageorge to Mr. Fred R.
Viland, senior buyer at
Westinghouse Electric
Corporation. And I don't know why I don't have any
Bate's numbers on it, but I don't.
(Plaintiffs' Exhibit Number Sixty-eight was marked for
identification.)
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118 foreseeable future, our only effective disposal is to a landfill. While this is not desirable, it is better than indiscriminate dumping."
Why did Monsanto feel in 1970 that it was not desirable to dispose of PCBs in a landfill? I don't know that it says it's not desirable in a landfill. That's the only effective method available. Well, why don't we just read the words. if we could. It says, "While this is not desirable, it is better than indiscriminate dumping." The -- Although it'B not specifically stated, what they are referring to here is liquid, unrecoverable Bcrap PCBs. And the hope at that time was that incineration would eventually be developed, incineration technology would be developed. So depositing in a landfill was perceived to be really make-do until the technology is
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120
I have read the exhibit.
Okay. Now, you were telling Monsanto's
customers in 1970 that landfills for
e. 3 SuwU.u
AOs.at.cU iical switawc
and underground water, correct?
Correct.
And you're also telling your customers
that it's important to monitor bodies of
water near the landfill, especially
after heavy rainfall, to assure that
PCBs are not escaping into the
environment?
I was.
Did Monsanto ever monitor the bodies of
water near the Anniston plant after
heavy rainfall to ensure that PCEs were
not escaping into the environment?
MR. PECK: object to the form of
the question.
Yes, once we got the methodology.
When was that?
About 1969 or thereabouts.
Okay. Do you recall the results of any
.
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121 monitoring of the bodies of the water near the Anniston plant after heavy rainfalls? I don't at the moment. Do you recall specifically monitoring being done after heavy rainfall? I don't remember any specific events, no. Let me ask you this: What PCB sampling did Monsanto do near the landfills in Anniston, Alabama? The reason I'm hesitating a bit is I -The sampling that was done included any potential sources of PCBs, whether it be a landfill or a soil on the outside of the operating unit or the neutralizing pit of the wastes that were coming from the PCB unit.
If there were any PCBs in that whole area, it would have shown up in the sample where it was taken at the lowest point. What about sampling done outside of the
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123 that there is a natural drainage ditch that runs from the plant boundary line and eventually meanders down and meets Snow Creek.
In plant terminology, that ditch was called Snow Creek. It didn't have a name. So when I would read reports that samples were taken in Snow Creek, that meant right beyond the plant boundary. which as I remember was a mile or so from Snow Creek, something like that. So it wasn't -- When you recall seeing reports on sampling that was done of Snow Creek, are you saying that it wasn't of Snow Creek itself, that it was of the ditch that was beyond the outside -- just outside the plant? That was my interpretation of the report. Okay. Do you remember any air samples
uoue oy Monsanto at any point in time beyond the boundaries of the plant? I don't recall any.
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plant? What types of sampling were
122
done?
Well, I was not personally involved tfhen
that program started, so I don't know
where they took all these samples beyond
the plant boundary line.
When was that program started?
19 -- late '70, '71, ' 72 .
As we sit here today, are you aware of
any specific sampling that was done.
either air, water, soil outside of the
Monsanto facility for PCBs?
I recall -- And it's not specific. I
recall references to sampling beyond the
plant boundary line, a6 I visualize it.
Okay. And when?
The early '70 period I just mentioned.
What type of samples do you recall?
Water and sediment samples is the best I
can recal1.
Do you recall where they were taken
f ram?
Again, not specifically, but I do recall
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124 When I say recall, I guess what I'm asking you is do you know if there was ever any air samples done in Anniston outside the boundaries of the plant? I just --
MR. PECK: Do you mean air sampling for PCBs?
MR. ATKIN: Tea. Thank you. I just don't remember any sampling of that type.
MR. ATKIN: Okay. Let's move on, then. Let's mark this for identification purposes as Papageorge Exhibit Sixty-nine. This is a September 27th, 1277, memorandum from J. G. Bryant to D. Wood. It'b a hive-page memorandum bearing Bate'e number MONS 029193 through 029197. (Plaintiffs' Exhibit Number Sixty-nine was marked for
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125 identification.) I'd ask you to take a look at that, if you could. To save you some time, I can tell you I'm going to ask you about page two. That's what I'm going to ask you about, just a little part of it. I have scanned the exhibit. Okay. If you could, turn to page two. I just want to ask you one quick
The question in the middle of Che page or towards the latter part of the page says, "Ernie Bergenstein, Ferranti Packard." Is that a customer? Don't know. Do you know who Mr. Bergenstein is? No, I don'c. It says that "He is concerned about spills we have had or that we are going to have; one, what should he do; two, can Monsanto make some distribution to the public on the fact that the askarel
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127 soil studies with the public? You mean through the popular media and so on? Through any means. Well, we shared it, I know, with the EPA. When I say the public, I'm referring to private citizens. Not directly, no.
MR. ATKIN: Okay. Thank you. Let us mark for
identification purposes Papageorge Seventy, a March 6, 197 0, memorandum f rcm Mr. Papageorge to J. R. Durland in Tokyo about the Aroclor environmental problem - - program. I'm sorry. (Plaintiffs' Exhibit Number
Seventy was marked for identification.) I have reviewed the exhibit. Okay. Now, Mr. Papageorge, you knew in
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does not disburse." Answer, "W. B.
126
Papageorge replied that Monsanto plans
to publish the data on the soil
studies."
Now, what soil studies were you
referring to?
Analyses of soil samples received by
Monsanto'b analytical laboratory.
Which soil samples, or soil samples
taken where?
Oh) t vat cvci a
^uxmc,
starting in '70 up to this point, '74 --
Okay.
-- from many sources.
Did Monsanto in fact ever publish the
data on the soil studies?
It seems to me we did. They were
available. They were shared.
They were shared with whom?
Well, I, for one, know that I shared the
data with the members of the ANSI
conroittee.
Did Monsanto ever share the data on the
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128
March 1970 that disposing of PCBs in
dumps wasn't the ultimate solution for
disposing of PCBs because the PCBs could
eventually enter the environment; isn't
.
that right?
Could, yes, eventually, when disturbed
and so on.
Okay. Now, in -- On page two, the
paragraph headed Aroclor Toxicity,
Anniston Plant --
I see that.
It states there, "Aroclors have been
found in Snow Creek near the plant.
There is no record of any water life
observed in thiB creek for many ye.sr:- ,
We've assumed other plsnt wastes veie to
blame; for example, muriatic acid.
Aroclors could be involved also."
Did Monsanto ever make a
determination as to whether the fact
that there was no water life in the
creek -- whether that was due in part to
muriatic acid that had been dumped into
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129 -U
No- That was just a guess on my part. Okay. Now, recall earlier, I recalled the use of the term "Snow Creek" to describe that ditch, the unnamed ditch, which many times during the year would run dry. That ought to be telling us something about the viability of any life in a dry creek. Okay. Did Monsanto ever make a determination as to whether or not the fact that there was no water life observed in the creek was due in part to the Aroclors? No. There was nothing to inform us that
such a study would be meaningful. MR. ATKIN: Okay. Let us mark for identification purposes for your deposition as Exhibit Seventy-one a one-page memorandum authored by Mr. Papageorge to J. R.
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131 No. The Anni6ton unit was shut down when the samples that were analyzed were determined to have furan. So I don't know anything about the furans in Anniston PCB. I'm a little unclear on your answer. I guess my question is were the PCBs manufactured at Anniston found at any point in time to contain furans? I'm not aware of any furan analytical work being done on PCBs produced at Anniston, because the methodology that was finally successful was available in
1975, which was three or four years after the shutdown of the Anniston unit. Furans are highly toxic, aren't they?
MR. PECK: Object to the form of the question, lack of foundation for this witness.
When you say highly, I don't know what my yardstick is. It depends again on amount, type, and the creature that's exposed, whether it be a human or animal
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5Va^C, U.aocu tA.Lubci AO,
130
1970, bearing Bate's number
MONS 21073.
(Plaintiffs' Exhibit Number
Seventy-one was marked for identification.)
I have read the exhibit.
Can you tell us the molecular difference
between a PCB molecule and a furan
molecule? Maybe I can make it a
little easier for you.
Is a dioxin molecule basically a
furan molecule with a second oxygen
atom? The dioxin does involve two oxygens.
The furan involved one oxygen. Of
course, there are various combinations
of chlorine associated with the carbon
and the hydrogen.
Are furans a contaminant found in PCBs?
They were eventually found, ye6, sir.
Were they found in PCBs made in
Anniston?
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132 or insect or bird. Are furans toxic to humans?
MR. PECK: Object to the form of the question, lack of foundation for this witness.
Well, there again, Bir, I'm under an impression that if you get enough of them, somebody is going to get sick. Okay. When did Monsanto first learn that furans could be present in PCBs? We first were aware -- I'm trying to think of the dates. In 1970 I was present at a meeting at the University of Utrecht in the Netherlands where researchers there asked the gu-sution of why Monsanto's PCBs did not; have furans and other PCBs manufactured by European companies did have them. So it was 1970. Okay. And was that question directed towards anyone in particular? Well, it was directed at Monsanto, and we were represented by three of us.
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133 Who were the three people? Mr. Wheeler, Mr. Robert Keller, and me. Okay. Did you have an answer to that question? Yes, we had an answer. What was your answer? And the answer was as follows: We understood that the producers in Europe in the manufacture of PCBs U6ed sodium hydroxide, which is lye, which iB a very strong, active chemical, to neutralize any acid that was still in the mixture of PCBs.
Monsanto's procedure used in the United States, Japan, and Wales used limestone or used lime, which is a milder chemical. And we speculated that the aggressive lye could well result in adding the oxygen to make a furan. That waB our speculative hypothesis, if you will. Was your hypothesis ever borne out? I don't know of any study that attempted
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135 data from Dr. J. P. Mieure's work indicates the presence of naphthalene and biphenyl and anthracene or phenanthrene and dibenzylfurans in Santowax R used in the manufacture of Aroclors.
Who is Dr. Mieure? Dr. Mieure was an analytical chemist working under Dr. Scott Tucker.
And while we are looking at that paragraph, sir, I think it's appropriate that we point out that the Aroclors mentioned in that paragraph use the ingredient Santowax R. Those are the chi orirtar.ed terphenyl 8 . Okay. Was that manufactured at Anniston? Yes, they were. Now, at the end of the -- in the last paragraph it says, "The Anniston plant should design and execute a program for determining the source or sources of these contaminants."
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134 to do this. As the methodology became
more refined, where the analytical
ifchemists found a fine-tune knob,
you
will, they were able to finally find
some furans in Monsanto's material, and
this was in 1975.
Okay. That is material that was
manufactured where?
The material that was tested then was
manufactured at Monsanto's W. G.
Krummrich plant in Illinois.
Do you know if Monsanto ever conducted
any testing to determine whether there
were furans present near the Anniston
plant or the landfill in Anniston?
I'm not aware of any.
If you look at this document that I just
gave you --
Yes, sir.
--as Papageorge Seventy-one --
I have it.
Okay. The document is discussing -- In
the first paragraph it says -- discusses
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Was the program that you refer to
here that was supposed to be designed
and executed, was such a program ever
designed or executed?
Yes. Okay.
When?
Oh, shortly after the date of this
memorandum. I would suggest by the
middle or third quarter of 1971 programs
were underway.
Who designed and executed the program?
It was all done under Dr. Keller's
group. I don't know the specific
individuals who were assigned this.
Did they re?.ch ?.r.y
Dc ycu kr.
the results were of the program that
they designed and executed for
determining the source or sources of
these contaminants?
I don't recall it now. I would have to
see reports.
MR. ATKIN: Okay. Let us mark for
identification purposes as
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137
1 Papageorge Seventy-two a 2 memorandum from D. Wood to 3 J. N. Haggart; subject,
4 chlorinated dibenzylfurans.
5 This bears Bate's number MONS 6 206969.
7 (Plaintiffs' Exhibit Number
6.
Seventy-two was marked for
9 identification.)
10 A.
I have read the exhibit.
11 Q.
Okay. And this exhibit also discusses
12 the possibility of the existence of
13 dibenzylfurans in Aroclors, correct?
14 A.
Yes.
15 Q.
Okay. Now, who was D. Wood?
16 A.
He was a Monsanto employee.
17 Q.
Do you know what his title was?
16 A.
I don't recall his title. He vae a
19 marketing representative working with
20 PCB products, along with others, still
21 being supplied in June of 1975.
22 Q.
Okay. And who was J. N. Haggart?
23 A.
He was in essence Mr. Wood's counterpart
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139 to the need for Monsanto to develop its own methods to determine the existence of furans in 1975. Is that correct? Yes.
Whet happened in the interim five-year period? Dr. Keller's group in St. Louis was working on methodology to determine the presence of furan in Monsanto's PCBs. And throughout that period they kept coming up with non-detectable. And it's only as we approached the year 1975, with changes -- and I don't know the details -- in their methodology* they were able to detect the dibenzylfurans. And thiscoincidentally, happened at about the time the U.S. Food and Drug Administration thought they saw furans in Monsanto's PCBs. And this was all discussed at a meeting in Chicago in November of 1975. Discussed by whom? You mean by whom, Monsanto people, FDA
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in England, in Europe.
136
Okay. Now, he mentions here the need to
develop our own methods to determine if
indeed the chlorinated dibenzylfurans
are present and what is the potential hazard.
Let me ask you first. Did
Monsanto ever develop j*B own methods to
determine .if furans were present in
PCBs?
Yes, they did.
When did they do that?
Oh, golly, when did they succeed? I
would suggest at about this point in
time.
Now, let me ask you something. The
previous exhibit talks about the
Anniston plant should design and execute
a program for determining the source or
sources of these contaminants in October
of 1970, correct?
Yes.
Okay. Now, this seems to be referring
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140
people, informally and from the podium.
Okay. This memo talks about the fact
that Monsanto also needed to develop not
only a method for determining whether
furaiao
uUL aaov 'mia.i. is cue
potential hazard.
Yes.
Did Monsanto ever make the determination
of what the potential hazard was of
furans?
Not Monsanto.
Okay. Who did?
I don't know of anybody that did
anywhere in the world.
To your knowledge it was never done?
That's right.
MR. ATKIN: I'm done with that.
Let us mark for
identification purposes for
your deposition as Exhibit
Seventy-three a progress
report bearing Bate's numbers MONS 202097 through MONS
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141 030358. No. That doesn't make sense. Let's just take that off for a second and take that back. Through MONS 202106. (Plaintiffs' Exhibit Number
Seventy-three was marked or identification) I had unfortunately another document attached at the end of it that I'm not going to ask you about now. I'm only going to ask you about the first page of this document. I have scanned the exhibit. Okay. I have a couple of quick questions on that. This report reports on an environmental analytical study undertaken by Monsanto in 1971, correct? It does. And part of the purpose of the study was
locate, and assess the magnitude of the PCB pollution problem;
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143 Yes. Do you know which plant that's referring to? I didn't read it that carefully. On page seven, MONS 202103. Uh-huh (indicating yes). At the top of the page is J. F. Queeny plant. Okay. And where was that? That's located right -- in St. Louis. And it also reflected -- the summary reflects that PCBs typical of Monsanto's Aroclor products have been found in tissue turkey extracts from the USDA? It does. And alts in two competitive products. Do you know which competitive products it's referring to? I thought I saw them. It was on page ten, which is MONS 202106, at the bottom section. You will see reference to Prodelec Phenoclor DP6, Prodelec Phenoclor DP6 again, and Bayer Clophen
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is that right?
142
Correct.
Okay. And Monsanto's study showed that
PCBs typical of Monsanto's Aroclor
products had been found at levels below
and above recommended guidelines in
coated paper and paper coatings,
correct?
Yes.
And in machine oils and plant effluents?
From a customer's site.
From a customer's site?
Yes.
And from fourteen Monsanto Industrial
Chemical Company products from
manufacturing sites, from four different
manufacturing sites?
Yes.
And from chicken chow used as feed by
IBT?
Yes.
And from ocvcr
.
plant?
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144
A60 and Kaneclor KC-3 00.
Okay. Did this Btudy that was done by
Monsanto confirm for Monsanto the
magnitude of the PCB problem?
I don't know that it confirmed it. It
just -- it's just a little bit more
information added to their -- let's call
it data bank regarding PCB and presence. MR. ATKIN: Okay. I'm done with
that document.
Were you involved in any of the toxicity
testing that was done by IBT for
Monsanto? Well, I was involved to some degree.
Of
course, I'm not a toxicologist or a
medical doctor, but I did get involved.
What was the extent of your involvement, the nature of your involvement? I got involved in the -- I'm going to
call it the approval process, in terms of seeing to it that funds were
available to pay for the study. I got
involved in terms of requesting and
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. 145 getting statuB reports on where the studies were headed and what they were finding. Okay. I made several trips to the laboratories and attended sessions at the laboratory. Where was the laboratory located? The rat and dog studies were in Northbrook, Illinois. The poultry studies were in Decatur, Illinois. ''hry. Who at IET worked on the tests that were conducted for Monsanto? There were several individuals involved. There was of course the head of the laboratory. Dr. Calandra -All right. Then there was a Keplinger, Dr. Keplinger, and a Dr. Otis Fancher, Dr. Gordon. The pathologist -- I think his name was Richter or something like that. Dr. Richter, the pathologist. I'm sure there were others. I just can't remember them all.
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147
introduced into the waters that the fish
were exposed to would be relatively free
of PCBs because the PCBs had plated out
on the walls of the aquarium.
Nevertheless, the final result was
that the test results were not reliable
at all.
'
Okay. Now, who from Monsanto was
involved with the studies that were done by IBT?
Of course, Dr. Kelly, as the director of
the medical department, Elmer Wheeler, and Bill Hunt. Those are the people I worked with.
How about Dr. Levinskas?
Oh,, yeah. yes.
Dr. Levinskas came later.
Was what the nature of the involvement
of Monsanto's -- of the people you told
us about, the nature of their involvement with the IBT studies?
Well, they would keep tuned in as to
what was going on and how well things
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Was Mr. Wright involved?
146
I understood he was, but I personally
never saw him at the laboratory or
didn't get to know him until he joined
Monsanto.
Do you know if a person named Philip
Smith was involved in the studies?
Phil Smith, yes, yes. He was one that I
forgot.
Now, what types of studies were done for
KOiiScdiuu
iui
l.j.*t.y :
You told us about some rat studies.
Yes.
Were there fish studies done?
I5T attempted some fish studies, which
were not successful.
What do you mean by not successful?
They just were not in the fish toxicity
testing business, and they had some
problems getting the tests going. It
was complicated further by the fact that
PCBs have a way of plating out on
surfaces, so it turned out that the PCBs
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148 were going and whether further studies would be proposed. They would supply the material to be tested. They would also help determine whether or not more animals should be added to the test population or the dosages be altered or changed. They would also review the drafts of the reports. That's the type of involvement that I'm aware of. Okay. Let us have you take a look at, if you would, a document that has been previously marked in this case as Levinskas One, Exhibit Number One to Dr. Levinskas' deposition. Thir is a March 4th, 1970, letter to Dr. Calandra from Elmer Wheeler. I have scanned the exhibit. Okay. Now, you and Dr. French are listed aB ccs on this letter, correct? Dr. French or Fancher? Fancher, I'm sorry. Yes, that's true. Do you remember receiving this letter?
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149
Do you remember -- When was Che lasc
time you reviewed this letter?
I'm sorry?
When was the last time you reviewed this
letter? Let me make it easier. Was it
anytime in the recent past?
It is recent. I believe I saw this
yesterday.
Okay. Now, item number one of this
letter discusses a proposal for
repeating fish toxicity studies done by
IBT for Monsanto. I do.
Do you see that?
Do you know why Monsanto was asking IBT
to repeat the fish toxicity studies?
Because of the failure of the first try.
Do you know what the results were of any
fish toxicity studies that were done for
Monsanto by IBT?
They were in every try a failure.
Failure meaning what?
The results were meaningless. They
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151 if these are the original or the second attempt. Okay. Did you review this document yesterday? I don't remember this one, no. Okay. This paragraph states that "The time schedule for fish toxicity studies for catfish and bluegills will be two to three weeks behind because doses which were believed to be okay produced a hundred percent kill.*
Do you know what Dr. Hunt was referring to when he said that doses that were believed to be okay produced a hundred percent kill? I can give you my understanding. That's all I'm asking for. There were levels picked for testing that were assumed, without any good data, to be the kind that would show results and the fish would survive long enough to make the study meaningful. Right.
.
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150 could not be interpreted, didn't make
any sense.
Do you know what fish were studied?
Today I don't, no.
You can just put that to the side for a
second.
Now, let me ask you to take a look
at what has previously been marked as
Levinskas Two in this case.
I have scanned the exhibit.
Okay. Who iB Dr. Hunt?
He was a member of Monsanto's medical
department, working with Mr. Wheeler in the monitoring of animal toxicity
testing.
Okay. Now, the third paragraph
discusses fish toxicity studies?
Yes. Do you know if these studies are the
repeat studies that were referred in
Dr. Wheeler's March 4th, 1970, letter.
this one? I have no way of knowing.
I don't know
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152 As it turned out, the levels selected resulted in the hundred percent kill that's referred to here. So this study was not productive. Do you know what the level was of PCBs that the fish were fed that produced a hundred percent kill? I believe, the way I read it, is that the two lines at the end, just above Dr. Hunt's signature, tell you the
levels at which they all died. You mean you are referring to the part that says, "At levels of one to ten parts per million for both 1242 and 1254 for fifty fish per level all died"? Yes. Do you know how long the fish were fed or exposed to one to ten parts per million of Aroclor 1242 and 1254? I do not. Do you know if Monsanto reached any conclusions as to the toxicity of PCBs to fish as a result of this study
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153 conducted by IBT? Not from this Btudy, no. Do you know if there were any subsequent fish toxicity tests conducted by IBT for Monsanto? Not by IBT. Were there any fish toxicity tests conducted by anyone else for Monsanto? Yes. Who did that? I'm trying to remember the name of the laboratory up in the New England area. At the moment I can't recall the name of it. Okay. When did they do those studies? It was after these studies proved failures. We found a laboratory up in the New England area to replace the studies with. Okay. As I remember, they were good studies. I forget the name of the lab. You mean good, meaning they produced
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155
These are based on the studies that were
done by the lab in New England?
That's one of their pieces of
informat ion.
Were there any other pieces other than
the fish toxicity study that had been
done by IBT and by the lab in New
England?
I don't know of any formal studies, no.
Do you know of any informal studies that
were done on the toxicity of PCBs to
fish?
MR. PECK: By Monsanto, Jack?
No.
MR. ATKIN: By or for Monsanto.
n<-> if Monsanto ever did PCB
toxicity testing on the fish in the
bodies of water in and near Anniston,
Alabama?
Toxicity studies, no.
If we can go back to Levinskas One for a
second. In Roman numeral II -- Not
Roman numeral. Number two, which
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reliable data?
154
Yes.
And do you know what the results serr of
those studies?
As I recall, PCBs were found in the
tissues, but the fish survived and
reproduced and all. There was no visual
bad effect noted.
Do you know what the levels of PCBs were
that the fish were exposed to on those
studies?
I don't remember today, no.
Do you know if Monsanto ever reached any
conclusions as to the toxicity of PCBs
to fish as a result of any studies that
were done for Monsanto?
MR. PECK: Object to the form of
the question, no foundation.
The impression Monsanto was left with
was that PCBs are not considered highly
toxic to fish.
What do you mean by highly toxic?
They do not result in fish kills.
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156
says --
MR. ATKIN: Off the record for a
second.
(Discussion held off record.)
In number two, it says, "Yours and
Otis's views of the significance of the
toxicity data developed to date on the
three Aroclors in the rats, dogs, and
chickens. I think we are surprised, in
parenthesis, and disappointed, question
mark, at the apparent toxicity at the
levels Btudied."
Did you ever have any discussions with Dr. Wheeler or anyone else at
Monsanto about the fact that Monsanto
vac surprised and
^
apparent toxicity of PCBs at the leve'J
studied?
Well, of course, I had many a discueeion
regarding toxicity studies. I don't
personally recall any reference to
surprise and disappointment. It's just
new data.
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157 Okay. That's the flavor, if you will, I was left with regarding our discussions. Okay. Let me ask you to take a look, if you could, at what has been previously marked as Levinekas Three for identification in Dr. Levinskas' deposition in this case. I have read the exhibit. Have you ever seen this before? Yes. Sometime ago, though. Not in the recent past? That is true. Okay. This refers to a study done on PCB toxicity on leghorn chickens, correct? Yes. And it discusses duplicating a study that had been done previously but changing the levels of ppm, parts per million, in the diet. Yes. Do you know what the results were of the
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159
level compared to the previous study?
I have forgotten. the reports.
I would have to see
Okay. Let me show you what was marked
che Lvinta*d.u deposition as Levinskas
Four for identification. That's a
March-August 1971 progress report
prepared by Mees Litschgi,
L-i-t-s-c-h-g-i, Hinchen, H-i-n-c-h-e-n,
and Tucker.
I have scanned the exhibit.
Okay. You received a copy of this
exhibit, correct?
Yes.
Not of the exhibit, of this report?
Yes.
Okay. And it discusses the results of
the two-year toxicity studies of PCBs on albino rats, correct?
MR. PECK: Object to the form of
the question.
Yes. But I didn't hear the first part
of your question.
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158 prior leghorn chicken study that was now being duplicated? I don't remember now. I would have to see the reports. Do you know why the study was being duplicated? Well, I'm under the impression that they're looking for -- to establish a no-effect level. What do you mean by a no-effect level? This is the -- a level which the test creature is exposed to but no adverse effects are noted. Now, that is apparently what is reflected in the last sentence of the second paragraph, where Dr. Wheeler states we would hope that we might find a higher no-effect level with the sample as compared to the previous work; is that right? That is correct. Do you know whether the second study in fact resulted in a higher no-effect
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160 What I said was this report discusses the results of the two-year toxicity study of PCBs on albino rats.
MR. PECK: Object to the form of the question.
No. It discusses the findings of PCB in the tissues from the tested animals. Okay. Did you have any involvement with this study other than -I was monitoring the results and prodding to 6peed up the procedure a bit. Do you recall the results of the study? Not at this moment, no. Well, one of the results is -- If you look in the third paragraph under sutnnary, it says, "PCB residues were observed in all the tissues at all levels fed one, ten, and a hundred parts per million and at each sacrifice
interval." And then it goes on to state --
Well, first of all, let me ask you
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. 161 about that. Do you recall discussing that result, with anyone from IBT? I didn't with IBT, no. Do you recall discussing that result with anyone frcm Monsanto? Well, this was a general topic of discussion. I don't recall any specific individuals. Okay. What do you recall about the general topic of discussion regarding the results of this study? That test animals exposed to certain levels exhibited a PCB content in their tissues higher than the feeding level. which indicated what was then referred to and still is as bio-accumulation. What do you mean by that? It accumulates in the biological system. And I don't want to confuse by using that term to the phenomena that is created in nature, where the higher up the food chain living creatures are
*-rifltd tt, the higher the residual
162 1 amount of PCB in their tissues. This iB
2 a single step in the feeding process,
3 where the creature exposed still builds
4 it up in its tissues.
S Q.
Okay. Do you recall any discussions at
6 Monsanto concerning the fact that the
7 residual -- I'm sorry -- that the
B residue levels found in-the tissues of
9 the animals fed one, ten, and a hundred
10 parts per million of Aroclor 1260
11 continued to build up over the entire
12 two year duration of the study, about
13 the bio-accumulation that you were just
14 talking about?
15 A.
Well, it did for some of them at certain
16 levels. If you will note, there are 17 some exceptions also listed here.
IB Q.
Do you recall discussions about that,
19 about the bio-accumulation effect of
20 PCBs?
21 A.
Yes, that was part of our general
' > 22
discussions.
" Q.
What
icua^i oiAJUb ciiuee
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163 discussions? The only recollection I have is that this is expected in a biological system, especially that has fat involved in its tissues. Why is it expected? Because the material is fat soluble. And once it finds its way into that part of the test animal's body, it stays put. It's again, inert, unreactive. Now, on the second page of this document, in the first full sentence on chat page, it says, "Alteration of the homolog," h-o-m-o-l-o-g, "distribution of all products was also observed."
Do you know what that means? Do you have,an understanding of what that means? Yes. What do you understand that to mean? This is really describing biodegradation, where the lower chlorinated PCBs, when digested, are
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164 destroyed to the point where they are no longer PCBs; therefore, the instrument, the analytical instrument can't identify them as a PCB. So this is why the result is observed as an alteration of the distribution. Okay. That'8 all I have on that document.
Now, I'll ask you -- I'll ask you to take a look for a second at Levinskas Five, if you could. I want you to read the whole thing. I'm going to ask you about one thing.
But before I do, let me just ack you this: Did you ever review the tie reports that were sent to Monsanto from IBT? Yes. Then I'd ask you to take a look at this, if you could. And I'm only going to be asking you about page four, one of: the resultB of the study. I've glanced at the report.
-
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165 Okay. And this reports on a study done by IDT to determine the potential teratogenic effects of Aroclor 12S4 in albino rats, correct? That is correct. And you recall seeing this before? Yes. Did you review this in the recent past? No. Do you know what teratogenic means? I believe I do. VtTtAw uu ys^u uiiiuk it means? I'm going to call it a malformed fetus or creature. Okay. On page four of the report, right before the signature line, signatures. it says, "Twelve percent of the fetuses examined from females administered thirty milligrams per kilogram had caudal renal ectopia." Do you know what caudal renal ectopia is? If I took a gue9s, it would have something to do with the kidney system.
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167
1 chronic oral toxicity with Aroclor 1260
2 in albino rats.
3 MR. PECK: It looks like Six is
4 just kind of the executive
5 summary posted from the rest
6 of the report. 7 ' * MR. ATKIN: Right*'" Well, again.
e this is all I have. Yeah, I
9 think we had talked about
10 that before. It is the same
11 exhibit. This was the
12 exhibit that we used?
13 MR. DAVIDSON: Right.
14 MR. PECK: Yours is cut off. This
15 copy is not. It's the same
16 exhibit. It's just not cut
17
ie A.
19 20
off on the right. Oh, you mean on -- I was looking at the bottom. Okay. I have reviewed the exhibit.
21 Q.
Okay. And when was the last time you
22 23 A.
reviewed this exhibit? Years ago. I don't recall exactly when.
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166 That's the extent of your understanding?
2 A.
Yes.
3 Q.
Do you recall any discussions at
4 Monsanto about the results of this
5 report?
6 A.
That I was involved in?
7 Q.
Yes, or that you heard.
e A.
If I had heard it, I didn't graBp the
9 full significance as a medical person
10 would.
11 Q.
Okay. Do you recall whether this ever
12 raisea any concerns at Monsanto about 13 the toxicity of PCBs?
14 A.
Not particularly, no.
15 MR. ATKIN: Moving right along.
16 MR. PECK: Can we take a break?
17 '
(A break was taken.)
18 Q.
Okay. Let us have you take a look, if
19 you could, at what has been previously
20 marked as Levinskas Six for
21 identification. That's the November
22 12th, 1971, report to Monsanto Company
23 from IBT, IBT number B-7298, two-year
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168 Okay. On the second page, in the la6t paragraph, it states, "Histologic examination of the livers from T-3 group revealed several animals with vacuolar change," v-a-c-u-o-l-a-r, change.
Do you have an understanding what that means? Not really, no. The la6t sentence on that page states. "Focal hypertrophy and focal hyperplasia were also found in the livers from animals fed Aroclor 1260."
Do you know what focal hypertrophy means? No. Do you know what focal hyperplasia means? No. When you got the copies of these reports, did you aBk anyone to explain to you what that terminology meant? Not the specific terminology, no. Do you recall any discussions at
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169 Monsanto about the results of this study? In general, yes. What do you recall? I recall really that this report wa6 telling us or telling the reader that exposure to Aroclor 1260 resulted in enlarged livers. And did Monsanto reach any conclusions about the toxicity of Aroclor 1260 as a result of this study? Yeah. The fact that at high levels of the higher chlorinated type of PCB, you can gee liver effects.
MR. PECK: In rats? MR . ATKIN : Huh? MR. PECK: In rats? MR. ATKIN: Are you testifying
here today? That's completely improper. If you want to ask the witness questions after we're through, you are welcome to
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171 MR. ATKIN: Correct. I have read the exhibit. Okay. And did you in fact read this exhibit in or about June 1973? Yes. Okay. And is this the study that you were telling us about earlier, about the white leghorn chickens that discussed the hatchability -- the effect of PCBs on the hatchability of eggs in white leghorn chickens? This is the -- Yeah. This reflects the study of the effects of Aroclor 1242 on the hatchability at the higher level. Okay. For the --At the higher level, meaning the group that was fed ten parte per million? That is correct. Do you recall any discussions at Monsanto about the results of this s tudy? Yes. What do you recall?
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do so.
170 But you're not going
to testify at this
deposition.
MR. PECK: Well, it was unclear
what the question was.
MR. ATKIN: No, no, no. If he
didn't understand the
question, he could have asked
me. You're not to testify
here. That's improper.
Let's take a look, if we would, at
Levinskas Seven for identification
purposes. And this is again apparently
an executive summary report to IB -- It
says report to IBT research. It's
actually a report to Monsanto from IBT
on the toxicity and reproduction study
with Aroclor 1242 on white leghorn
chickens dated June 7th, 1973, IBT
number J-1291. MR. PECK:
It also appears to be
missing the final signature
page, right?
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172 I recall that, as we just said, the higher feeding level of Aroclor 1242 to white leghorn chickens affected their hatchability of their eggs. Okay. And is that -- Was that also the conclusion that Monsanto reached regarding the toxicity of Aroclor 1260 as a result of this study?
MR. PECK: Object to the form of the question.
1260? I'm sorry. 1242. 1242 at that higher level. Yes. With thiB te6t animal, this bird. Thank you. Let U6 take a look at what has been previously mark as Levinskas Eight at Dr. Levinskas' deposition. This is a -- Actually -- No. Let us skip over Levinskas Eight. Okay? We are not going to take a look at that now. Let's take a look at --
Oh, I see. It had been marked as
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173 pare of it. The second part of Levinskas Eight. How many pages do you have there, two? Two, the title page and transmittal. Okay. The second part of Levinskas Eight was this two-page document, which actually has the sumnary, the exhibit, the introduction and the executive summary.
MR. PECK: So you are now showing DSW 03662 --
MR. ATKIN: 6 and DSW 036629. MR. PECK: Which is continuing
from 036626 and 27? MR. ATKIN: Right. I have read the exhibit. Okay. Now, this report begins in the introduction, "At the request of Dr. Levinskas of the Monsanto Company, additional sections of liver from a two-year chronic oral toxicity study of Aroclor 1260 in rats were processed into H and E stain sections and evaluated by
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175 Is that -Five or eight years ago. How did you become aware of it? Well, I was preparing myself for a deposition, as best I recall, and I saw some documents that I hadn't seen before that covered that subject. Okay. That was in another PCB case? Yes. So you were unaware of that at the time. in other words; is that right? That is right. Okay. And obviously you don't recall any discussions about that in or about 1373; is cibeio xighL? That is correct. Okay. Do you have any understanding why -- I know you only became aware of it approximately five to -- What did you say, five to eight years ago, somewhere in that time frame?
(Witness nods head affirmatively.) Do you have any understanding from any
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light microscopy."
174
Do you know why Monsanto asked IBT
to look at additional sections of liver
from a study that had been done
previously?
No. This was a toxicologist's request.
I don't know the basis Cor it.
Okay. If you look at the summary, it
states, "In conclusion, Aroclor 1260
appears to be slightly tumorigenic at
levels of a hundred parts per million
when fed continuously in the diet for
two years." Do you see that?
Yes.
Okay. Did you ever become aware at any
point in time that Monsanto --
Dr. Levinskas specifically asked IBT to
change the words "slightly tumorigenic"
in this report to noncarcinogenic?
Yes, I did.
When did you become aware of that?
I don't remember the exact year. About
five years ago.
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176 conversations with anyone at Monsanto a6 to why Dr. Levinskas asked IBT to change the language "slightly tumorigenic" to does not appear to be carcinogenic in certain studies that were done by IBT for Monsanto?
MR. PECK: Object to the form of the question.
I have an understanding. I don't know how valid it is. To me it makes sense. What is your understanding? There were three studies underway at the time, one with Aroclor 1242, another with 1244, and then there was Aroclor 126U.
As I understood it, the results of the studies were pretty much alike. The concluding statements for two of them were noncarcinogenic. The third one for some reason, that I can only guess at -and I don't want to guesB -- ended up with a reference to the formation of tumors, tumorigenic. And Dr. Levinskas
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177 could not see the reason or the difference in statements based on the similar data and was seeking some uniformity in conclusion statements. What do vou base that understanding on? Just by reviewing the documents that were available to me many years ago. Did you ever talk to Dr. Levinskas about it? No, no. Okay. Do you know if IBT ever refused to adopt any changes that Monsanto proposed to any of the reports that were submitted by IBT? I have no idea of what transpired during that review period. Okay. Did you ever become aware, sir, of the fact that in or about 1975 Dr. Kimbrough published the results of her toxicity study of PCBs? Yes. And that 6he concluded that in fact Aroclor 1260 did cause some liver tumors
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179 okay. I'll ask you to take a look, if you could, at what vae marked as Levinskas Thirteen for identification at Dr. Levinskas' deposition. I have read the exhibit. Okay. Now, who was Dr. Roush? *:Dr. Roush was, at this point "in time,' in April of '75, the Monsanto Company medical director. Okay. And you received a copy of this letter, correct? Yes. Okay. And when was the last time you looked at this document? This multi-year period I tried to guess at earlier, five to eight years, maybe ten. You haven't reviewed it in the recent past? That is true. Okay. Now, in the first sentence of this letter. Dr. Calandra says to Dr. Roush, "I fully appreciate that the
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178
in rats?
That was her initial conclusion, yes.
And her findings, in fact, were
confirmed by a Dr. Squires, the head of
f.h<" Mimnr
thf
National Cancer Institute; isn't that
right?
I don't know if they were confirming.
He is the one that arrived at those
findings, and Dr. Kimbrough stated his
findings.
Monsanto asked IBT to examine the
lesions observed by Dr. Squires and
Dr. Kimbrough to determine if they were
carcinogenic, right?
Well, they were -- They asked for a
review of those slides. I don't know
that they used the word "carcinogenic.*
They were asked to give an opinion.
Okay. And what opinion did they give?
I don't remember the toxicology
terminology they used.
(Discussion held off record.)
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16 0 meeting on PCB6 today wa6 not completely satisfactory and that many nagging questions remain."
Were you at that meeting referred to? Yes. Do you recall what was discussed at that meeting? It was a discussion on the findings by pathologists of liver samples from Dr. Kimbrough's studies and Industrial Bio-Test studies. Do you know what Dr. Calandra meant when he said that the meeting wasn't completely satisfactory?
MR. PECK: Object to the form of the question, calls for speculation.
He was referring to the fact that the two laboratories -- or the representatives of the two laboratories left the meeting still disagreeing as to the findings.
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181 Okay. Now, at the end of the page four BUimvary - - I'm sorry - - at the end of the four-page summary, one, two, three four -- or is it five -- the last thing he Bays -- number five, it says. "Bio-Test studies on PCBs meet the scientific standards of toxicology and pathology, and we are prepared to assist Monsanto in any adversary situation in or out of government.*
Do you know what Dr. Calandra meant by that?
MR. PECK: Object to the form of the question.
Did you have an understanding -- Did you have an understanding when you got this letter as to what Dr. Calandra meant by that?
MR. PECK: Object to the form of the question.
I had an understanding, yes. wnat was it.' That he would join Monsanto individuals
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183 I'm not qualified to have an answer to that. Do you have an opinion on that subject?
MR. PECK: Object to the form of the question, no foundation for this witness to testify on that issue.
I have an opinion. And this is just a layman's viewpoint -Yeah. -- of a highly technical field, that test animals commonly used might be a fair indicator of what could happen to humans, but there is always a question mark that follows the results obtained in terms of good or bad or what have you. Did Monsanto ever reach a conclusion. one way or the other, whether PCBs can cause cancer in humans? Yes, they did reach a conclusion. And what was that conclusion? That they do not cause cancer. And that
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182 in any discussions on this subject brought on by anyone. Brought on by anyone? Did you interpret that to mean litigation also? Yeah. I can see that as a possibility. Okay. Did Monsanto ever ask IBT to assist it in any adversary situation in or out of government? I'm not aware of any such requests. Okay. Was it part of Monsanto's agreement with IBT that IBT would be prepared to assist Monsanto in any adversary situation in or out of government? I don't know of any agreement of that type. Okay. Is it possible to extrapolate human carcinogenic effects from animal toxicity studies?
MR. PECK: Object to the form of the question, no foundation for this witness to testify about.
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164
is based on their forty years of
experience.
Okay. And do you know whether the EPA
or any other governmental authority has
concluded that PCBs can cause cancer in
humans ?
I know of no such entity that has
arrived at that conclusion.
Do you know whether the EPA has listed PCBs as probable human carcinogens?
MR. PECK: Object to the form of
the question, no foundation
for this witness.
I have not kepc up to date. I don't
know what EPA is thinking today.
Was Mr. Wright the person at IBT
responsible for the rat and dog 6tudie6 on PCBs that were done for Monsanto? On the rat and what kind of study?
Dog.
Not while I was involved. the man.
X never saw
Do you have an understanding as to what
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165
Mr. Wright: was responsible for at IBT in
connection with the studies that were
done for Monsanto?
Now, I can only speak for the PCB
studies.
Okay. That is what I'm talking about,
the PCB studies.
Because there were many studies
conducted for Monsanto.
No. The PCB studies. Do you have an
understanding of what Mr. Wright's role
was in the PCB studies that were
conducted --
It is my understanding he was not
involved.
.
Did Mr. Wright work for Monsanto before
joining IBT?
I am told he was.
You don't have any independent knowledge
about that?
That is true.
Do you know -- Do you have an
understanding as to how Mr. Wright came
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166
2 A.
No, I don't.
3 Q.
Do you have an understanding as to
4 whether Mr. Wright ended up leaving IBT
5 and returning to work for Monsanto?
6 A. 7 Q.
I understand that's what happened. Do you know Mr. Wright personally?
8 A.
Tea.
,
9 Q.
Did you ever work with him?
10 A.
Yes.
11 Q.
Did you ever work with him in connection
12 with the PCB studies that were done by 13 IBT for Monsanto?
14 A. 15 Q.
No. What did you work with him in connection
16 with?
17 A.
I forget the exact chemicals, but at one
18 point in time I was responsible for many
19 different Monsanto chemicals, and
20 Mr. Wright was involved with some
21 ^ 22
studies with them. I don't remember the specific chemicals today.
23 Q.
Is this before or after he worked for
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1B 7 IBT? I don't know the dates he worked for IBT, but this was starting at about the 1974 or '75 period. Okay. Well, that was after IBT had concluded its toxicity testing of PCBs for Monsanto? At least those that I was involved with. I don't know if they started others. Did you ever become aware that Mr. Wright was criminally indicted? I read in the local newspapers, yes. When did you read that? Golly, 1960, '61, somewhere in there. Do you know why he was indicted? No. Have you ever heard that it was for falsifying data in connection with IBT studies?
MR. PECK: Object to the form of the question.
I did not get that from the articles I read.
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188
Have you ever heard that?
I've never discussed it with anybody.
No, I have never heard.
So as we sit here today that's the first
time you have ever heard of this?
Of what?
Of Mr. Wright being indicted for
falsifying data in connection with
studies that
Ky tot
I heard he was indicted, but I don't
know what for. That'B it.
THE VIDEOGRAPHER: Can I get a
quick tape change?
MR. ATKIN: Yes, you can.
(Discussion held off record.)
Have you ever heard that part of the
reason that Mr. Wright was indicted waa
for falsifying data in connection with
toxicity studies on TCC in albino rats
for Monsanto?
I never heard that.
Okay. Have you ever heard that
Dr. Calandra and Dr. Keplinger were also
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189 indicted? Tee. When did you hear that? In the same newspaper articles. Did you ever have any discussions with anyone at Monsanto about the fact that Mr. Wright, Dr. Calandra, and Dr. Keplinger had been indicted? No, no. That never came up. Okay. Did you ever hear that Mr. Wright, Dr. Calandra, and Dr. Morano were convicted? I believe I have, but I'm not certain. Again, my information came from the local press. You had no other information about these indictments or convictions other than what you saw in the local press? That's right. Have you ever heard from anyone that at his trial Mr. Wright refused to answer questions about the PCB studies that were done by IBT for Monsanto?
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Was it a PCB case?
191
Yes.
Monsanto was a defendant?
Yes.
And you testified at that trial on
behalf of Monsanto?
'"I did.
"' ......................
Mr. Smith has also testified in another
case that Mr. Wright forged his name to one of the PCB studies that was done by IBT for Monsanto. Have you ever heard
of that?
MR. PECK: Object to the form of the question.
No. I don't associate Mr. Wright with
any of the PCB studies I was involved
with.
Okay. Have you ever heard from anyone
that approximately seventy percent of
the animals which died during the course of the IBT studies were too badly
decomposed to be included in the study results?
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I never heard that.
190
Have you ever heard from anyone, sir.
that the raw data for the IBT PCB
studies was falsified?
No.
Are you aware, sir, that Mr. Smith
testified under oath that he signed two
Aroclor reports for Monsanto that
contained false data?
MR. PECK: Object to the form of
the question, asks this
witness to improperly comment
on another witness'
testimony.
If my memory serves me right, I was
present at a trial when Mr. Smith
testified. And as best I recall, he did
make some statement like that.
Which trial was that?
Golly, I forget the name of it. It was
down in Texas.
How long ago did it take place?
Fifteen years ago, ten years ago.
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192
Which studies are these?
The rat studies.
PCB studies?
Yes.
No way, no. I didn't see that anywhere.
And you never heard of it?
That's true.
If in fact seventy percent or more of
the animals in a study are too badly
decomposed to be included in the study
results, that would skew the study
results, wouldn't it?
MR. PECK: Object to the form of
the question, no foundation
.
for this witness to answer
the question.
I'm not qualified to comment one way or the other on that.
You have no opinion on it?
No opinion.
Okay. Have you ever heard from anyone
that Dr. Fancher was ashamed to publish
the work done in the IBT studies?
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193 Wanted to change? No. Was ashamed to publish the work done in the IBT studies. I never heard that. Okay. Were the IBT studies done -- PCB studies done for Monsanto submitted to Monsanto'8 attorneys for their review before they could be published? There was a report -- I'm trying to remember just which one. There was a report which Mr. Wheeler was proposed as a co-author, and Mr. Wheeler sought the advice of a Monsanto attorney regarding --
MR. PECK: You haven't done it yet. But I would remind you not to, in the course of your discussion, disclose any attorney-client confidences.
THE WITNESS: Yeah. MR. PECK: Go ahead. THE WITNESS: See, I don't know
the difference in
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195 returned to work for Monsanto, continued to be involved in the Aroclor studies that IBT was doing for Monsanto? I don't associate Mr. Wright with any PCB studies. Okay. Have you ever heard that Monsanto paid Mr. Wright's legal fees in connection with the charges that were brought against him? I have not. Were the IBT Aroclor studies the only chronic toxicity studies conducted by Monsanto regarding PCBs?
MR. PECK: Object to the form of the question.
rnose were the only chronic studies that I'm aware of. Now, if the data and conclusions of the IBT studies were falsified, the results wouldn't be reliable, would they?
MR. PECK: Object to the form of the question, assumes facts not in evidence.
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attorney-client --
194
MR. PECK: Anything the attorney
told Mr. v? be Trier char, you may
know about, don't disclose
that.
Yes. And I'm not asking you that. I'm
just asking you whether you know whether
Monsanto's attorney reviewed the IBT
studies before they were published.
All I'm aware of is one report that vaB
offered to an attorney for review.
Okay. That's the only one you're aware
of?
That's all I'm aware of.
Did you visit the IBT labs and observe
the conditions of the animals in the
labs?
Yes, several times.
Do you know if Mr. Wright ever visited
the IBT labs after returning to work for
Monsanto?
I do not.
Do you know if Mr. Wright, after he
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196 I find that hard to answer, because I can see falsification that would not change conclusions. It's the conclusions that are quite important in . any report of this type. Any conclusions in any report of this type are based on the data; isn't that right? They should be, yes, Bir. So if the data is falsified, then the conclusions aren't reliable, are they?
MR. PECK: Object to the form of the question. This witness isn't qualified to discuss the conclusions of these subjects, no foundation. Sorry.
I'm not a toxicologist. So I don't really have an understanding of what data, if falsified, would result in an erroneous conclusion. Okay. Did Monsanto ever have any other laboratory repeat the IBT chronic
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197
1 2 A.
toxicity studies? Not to ray knowledge.
3 Q.
Okay. Do you know why not?
4 A.
No, I don't.
5 Q. e,
Okay. Did Monsanto ever conduct any PCB sr.udieR on primates?
1 A.
I understand there was some work
e involving primates, but that's the
9 extent of my knowledge.
10 Q.
Did you ever hear that those studies
11 showed that higher animals were more
12 susceptible to PCBs at lower doses than
13 rats? `
14 A.
I heard nothing about those reports
IS other than something was going on.
16 MR. ATKIN: I think I'm done.
17 Thank you very much.
ie MR. PECK: We may have one
19 question.
20 MR. ATKIN: Sure.
21
22 EXAMINATION
23 BY MR. PECK:
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199
1 reports that he -- or publications that 2 he put out describing what he thought it
3 was and the fact that he had made an
4 error in his conclusions and that he had
5 modified his findings.
6 But in any case, this is not the
7 "chlorinated dibenzylfuraiis . This is hot
8 the toxic material that everybody is
9 concerned about. Santowax R is a
10 terphenyl. It's used to make an
11 Aroclor, but not a PCB kind of Aroclor.
12 MR. PECK: Thank you.
13 MR. ATKIN: I have a question
14 about that.
15
16 FURTHER EXAMINATION
17 BY MR. ATKIN:
ie Q 19
Did you review this document with Monsanto'8 counsel when we took a break
20 before?
21 A.
Yes.
22 MR. ATKIN: Thank you. I have
23 nothing further.
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198 Mr. Papageorge, let me show you what was marked as Plaintiffs' Exhibit Seventy-one previously in your deposition. Do you see in that document there is discussion of a finding of dibenzylfurans in Cnntcun:: C? C^ see that reference? Tes. Let me ask you. Is Santowax R a chlorinated product? No. Is Santowax R used to make polychlorinated biphenyls? No. Do you know if the finding of dibenzylfurans was ever confirmed in Santowax R? Initially Dr. Mieure, who is mentioned here, thought that he spotted dibenzyl furans in Santowax R. And after several weeks of further study, he concluded that he had misidentified it. And as I remember, there was some
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HARTOLDMONO017703
201 1 I do hereby certify that the witness 2 whose attached deposition was taken before me 3 was by me first duly cautioned and sworn to 4 tell nothing but the truth in the cause 5 aforesaid; that the testimony contained herein was by me reduced to writing in the presence 7 of said witnesses by means of stenography and 6 afterwards transcribed by means of computer 9 aided transcription. The foregoing is a true 10 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 I do further certify that I am not 13 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 I am not an employee of any of them, nor 16 interested in the matter of controversy. 17 IN WITNESS WHEREOF, I have hereunto set 18 my hand and affixed my notarial seal at 19 Gad6den, Alabama, County of Etowah, this 2nd 20 day of June 1998. 21
Deborah Salers Garrett 22 Certified Shorthand Reporter
Registered Professional Reporter 23 Notary Public, Alabama-at-Large
My Commission expires: 3-7-2001 REGIONAL REPORTING SERVICE, INC.
HARTOLDMONO017704
PAPAII.TXT
'30s 66:10,20; 88:20
'40S 66:10,20; 88:20
'50s 66:22; 67:1; 69:1; 88:20
'60s 66:23; 83:17; 86:14
'66 46:1 '67 82:15 '68 82:15 '69 106:1 '70 122:8,17;
126:12 '70s 70:9,10;
84:23; 85:2, 3; 86:15 '71 122:8 '72 122:8 '73 32:13 '74 126:12 '75 179:8; 187:4 '81 187:14
0
0010322 23:16 0010324 23:16 001641 39:14 001648 39:15 018891 103:8 018894 103:9 029193 124:20 029197 124:21 030358 141:1 031181 111:23 03662 173:11 036626 173:14 036629 173:12 037621 115:1 037630 115:2 037756 61:15 037758 61:15 0913054 84:3 091681 29:23 091682 30:1 097308 44:20 099533 76:6 099534 76:7
1
10-29-69 103:7
100 1:18 10019 2:5
1016 10:13; 11:6
103 3:9 10th 16:4,16;
97:22 112 3:9.5 115 3:10 119 3:10.5 11:55 111:12 124 3:11 1242 117:1;
152:14,19; 170:18; 171:13; 172:2,12,13; 176:13 1244 176:14 1254 73:16; 117:2; 152:14,19; 165:3 1260 73:16,17; 117:2; 162:10; 167:1; 168:12; 169:7,10; 172:7,11; 173:22; 174:9; 176:15; 177:23 127 3:11.5 12th 166:22 130 3:12 1301 2:4.5 137 3:12.5 141 3:13 15 3:3 17th 56:18 18th 39:6 19 122:8 1930 19:6; 37:21 1930s 66:13; 67:10,22; 68:12 1940s 66:13; 67:11,23; 68:12 1950s 68:15; 69:9 1960s 67:5; 69:17; 70:12 1964 45:18 1965 49:1
1966 45:23; 48:10
1967 46:2 1969 44:13;
104:5,12; 105:1,17,23; 110:20; 111:20; 120:22 197 2:21.5 1970 56:18; 61:8; 63:8; 65:12; 72:15, 16; 75:21; 76:4,16; 80:18; 89:6, 16; 90:7; 92:15; 93:9; 99:17; 107:3, 5; 115:4,6, 20; 118:5; 119:13; 120:3; 127:14; 128:1; 130:2; 132:12,19; 138:21; 148:15; 150:21 1970s 37:23 1971 9:22; 14:21; 90:20; 93:3; 95:16; 96:3; 136:9; 141:19; 159:7; 166:22 1972 15:8; 17:3; 19:13, 22; 20:1,14; 23:10 1973 29:15; 32:12; 170:19; 171:4 1974 124:16; 187:4 1975 39:6; 97:22; 131:14; 134:6; 137:21; 139:3,12,21; 175:15; 177:18 1976 34:5 1980 187:14 1987 84:15,22 199 2:22.5 1998 1:17;
Page 1
4:8; 5:1; 19:7; 201:20 1:00 111:13
2
201 2:16 202097 140:23 202103 143:5 202106 141:5;
143:20 206969 137:6 20th 2:9 21 1:17; 4:8;
5:1; 115:5 21073 130:3 21927 2:11.5 21st 115:20 22 115:6 22nd 23:10;
115:20 23 3:3.5 23rd 111:20 24th 89:6,16 25th 44:13 26 130:1 26th 9:22;
115:4 27 173:14 27420 2:12 27th 119:13;
124:16 29th 65:11;
84 :15 2nd 15:7;
17:3; 201:19
3
3-7-2001 201:23.5
30 3:4 300 2:8.5 35203 2:9.5 35901-0755
1:22 39 3:4.5 3:33 200:4 3rd 61:8
4
4 2 :15 44 3:5 4th 29:15;
32:12; 148:15; 150:21
HARTOLDMONO017705
PAPAII.TXT
5
5 2:20.5 50 68:6,7,9 505 2:9 56 3:5.5
6
6 127:14 61 3:6 65 3:6.5
7
755 1:21.5 76 3:7 7th 75:21;
76:3; 170:19
8
8 173:12 84 3:7.5 89 3:8
9
98 3:8.5 9:00 1:16; 4:8
A
A-p-p-e-l-h-o-f 29:18
a.m 4:8 a.m. 1:16;
111:13 A60 144:1 able 33:16;
59:3; 134:4; 139:15 above 87:17; 142:6; 152:9 absolutely 114:21 absorb 34:22 accident 18:14 accidental 20:20 according 19:21; 72:20; 92:14 account 90:15, 19; 91:2,11; 93:2,16,17, 20,21; 94:1;
95:16 accumulates
161:18 accurate
17:13,14,15, 16; 19:15,21; 201:10 acid 22:22; 49:16; 128:17,23 ; 133:12 acronym 11:19 action 1:4.5; 78:2; 100:3, 13,16,23; 101:15; 102:4,8,15 active 133:11 activities 107:4 activity 24:10 actually 52:8; 74:4; 86:6; 107:10; 170:16; 172:19; 173:7 Acute 67:15 ADAM 2:7.5; 5:23 added 144:7; 148 : 5 adding 133:19 additional 74:15; 77:17; 97:4; 112:14; 173:20; 174:3 Additionally 34:7
address 38:5; 80 :15
addressed 30:22,23; 31:3; 55:1; 80:14; 95:5; 112:21
addresses 12:1 addressing
40:19 adequacy 105:1 adequately
24 : 9 adj ective
37:19 administered
165:18 Administration
139:18
administrative
108:20 adopt 177:12 adopted 81:6 adversary
181:9; 182:7, 13 adverse 35:21; 36:2,17; 47:8,14,23; , 158:12 adversely 50:7; 51:20 advice 193:13 advising 85:9 affect 50:7; 51:20 affected 32:9, 10; 36:11; 68:2; 172:3 affecting 63:14 affirmatively 175:22 affixed 201:18 aforesaid
201:5,11 afterwards
201:8 agencies 70:21 Agency 29:6 agents 201:14 aggressive
133:18 ago 7:1; 9:2;
157:11; 167:23; 174:23; 175:2,20; 177:7;
190:22,23 agree 26:8;
90:18; 93:1; 95:22; 105:11 AGREED 4:2,9, 15,22 agreement 182:11,15 agricultural 82:12,16 ahead 100:4; 105:9; 107:1; 193:21 aided 201:9 air 57:20; 58:7,11; 59:18; 60:13; 122:11; 123:20;
Page 2
124:3,6 al. 1:3,6.5 ALABAMA 1:1,
22; 2:9.5; 4:7; 44:2; 53:8,19; 54:17; 60:7; 65:2; 76:14; 121 :11; 155:19; 201:19 Alabama-at-Large 201:23 alarming 116:13,18 Albert 39:8; 40:8,20,21; 41:6 albino 159:19; 160:3; 165:4; 167:2; 188:19 alike 176:17 allot 94:6 allow 81:15 allowing 20:12,21 alluded 78:2 almost 79:23 already 92:12; 97:13 alteration 163:13; 164:5 altered 148:6 although 50:5; 51:19; 74:6; 118:15 American 11:19 Americas 2:4.5 amount 20:22; 21:2,4,18; 64:10; 83:8; 90:9,14; 91:4,5,10,17, 18; 94:10; 95:23; 131:22; 162:1 amounts 38:23 analyses 63:3; 126 : 7 analysis 24:16; 25:10; 58:3,4; 64:2, 18,23 analytical 14:15; 48:4; 86:13; 126:8; 131:10; 134:2; 135:8;
HARTOLDMONO017706
Ul to
PAPAII.TXT
141:18; 164:3 analyzed 57:5;
59:21; 131:2 animal 65:23;
66:2,7,13; 67:15,20; 70:1; 71:21; 72:6; 116:5; 117:6; 131:23; 150:14; 172:15; 182:18 animal's 163:9 animals 32:15; 67:17; 68:2, 4; 70:12; 73:12; 74:1, 8; 148:5; 160:7; 161:12; 162:9; 168:4, 12; 183:12; 191:20; 192:9; 194:16; 197:11 Anniston 18:10; 37:14; 38:6; 44:1; 49:7,20; 53:8,14,18; 54:17; 60:7; 77:12,20; 80:10; 82:17; 83:2; 91:13; 93:10; 94:7, 13,21; 96:3; 112:22; 120:15; 121:2,11; 124:3; 128:10; 130:23; 131:1,5,8,12, 15; 134:14, 15; 135:17, 20; 138:18; 155:18 annually 110:2 another 18:14; 42:13; 87:7; 112:4; 116:21; 141:9; 175:8; 176:13; 190:13; 191:8 ANSI 10:10,17;
11:13,18; 12:12,19,21; 13:2,5,7,13; 14:2,7; 16:4, 16,20; 17:8; 126:21 answer 16:2; 17:10,16; 21:3,22; 22:20; 23:1; 28:23; 40:11; 41:7; 42:22; 49:12; 54:10, 20,21; 88:2; 126:1; 131:6; 133:3,5,6,7; 183:1; 189:21; 192:15; 196:1 answers 17:8, 21; 19:13; 40:13,18 anthracene 135:3 anticipated 73:2,5,18; 116:8 anybody 22:14; 106:13; 140:13; 188:2 anytime 46:11; 76:22; 149:7 apart 63:1 apparent 156:11,17 apparently 89:17; 158:14; 170:13 appear 13:12; 176:4 appeared 80:17 appears 39:12; 89:19; 92:15; 170:21; 174:10 Appelhof 29:17; 30:18; 31:18 apply 36:14 appointment 107:2
appreciate 179:23
approach 12:12 approached
80:23; 139:12 approaching
11:11
appropriate 27:7; 135:11
approval 144:20
approximately 175:19; 191:19
April 56:18; 72:14; 179:8
aquarium 147:4
aquatic 48:15, 18; 49:8
area 12:11,17; 21:19; 46:21; 121:20; 153:12,18
areas 26:9; 57:15
aren't 106:20; 131:16; 196:11
Aroclor 10:13; 11:6; 49:16; 65:13; 82:3; 94:4; 113:17; 116:2; 117:1; 127:17; 128:9; 142:4; 143:13; 152:19; 162:10; 165:3; 167:1; 168:12; 169:7,10; 170:18; 171:13; 172:2,7; 173:22; 174:9; 176:13,14; 177:23; 190:8; 195:2, 11; 199:11
Aroclors 77:11,19; 80:9; 81:13; 111:21; 113:15; 128:12,18; 129:15; 135:6,12; 137:13; 156:8
around 9:2; 49:11
arrive 117:3, 16
arrived 50:2;
Page 3
178:9; 184:8 article 45:3;
80 :17 articles
187:22; 189:4 ashamed
192:22; 193:2 askarel 125:23 asks 21:21;
190:11 assess 141:22 assign 4:19 assigned
136:14 assignment
79:21; 99:17 assist 181:8;
182:7,12 assisted
107:18 associate
46:19; 191:15; 195:4 associated 8:8,18; 57:14,15; 130:18 assume 18:16; 26:6 assumed 25:10; 128:16; 151:19 assumes 195:22 assuming 106:23 assure 120:10 ATKIN 2:3.5, 20.5,22.5; 5:8,11; 9:18; 15:3,14; 17:3,6; 23:4, 8; 29:11; 39:2; 44:8; 56:8; 61:2, 23; 65:4; 75:18; 78:8; 83:20; 89:2, 9,12; 96:13, 23; 97:14,18; 102:22; 106:21; 111:8,14; 114:13; 119:6,9; 124:8,11; 127:10; 129:18; 136:22;
HARTOLDMONO017707
PAPAII.TXT
140:17;
144:9; 155:14; 156:2;
166:15;
167:7;
169:16,18;
170:6; 171:1;
173:12,15;
188:14;
i ft'7 r r\
/ . 1U ,
,
199:13,17,22
atom 130:14
attached
3:15.5; 16:1;
17:7; 141:10;
201:2
attachment
16:8,9; 39:21
attempt 64:13;
151:2
attempted 133:23; 146:15
attend 115:17 attended
115:18; 145:6 attention
79:6,13; 110:13 ; 113:14,16 attorney-clie nt 7:20; 193:19; 194:1 attorneys
5:14,21; 6:10; 8:22; 193 : 7; 201:14 audience 85:11 audiences
i n r\. i a .
102:13 * 16
Augus t 46:2 author 95:5;
113:21 authored 22:5;
84:17; 115:2; 129:22
authorities 64:20
authority 26:15; 65:2; 184 : 4
authorized 37:6
available 10:15; 14:5; 37:5; 118:10;
119:1,5; 126:18; 131:13; 144:22; 177:7 Avenue 2:4.5 avoid 34:15; 36:14; 102:6 avoiding 53:4 aware 38:3,7, 8; 43:12; 76:16; 97:1, 5; 104:6; 107:4,6; 122:9; 131:10; 132:11; 134:16; 148:9; 174:15,21; 175:3,18; 177:17; 182:9; 187:10; 190:6; 194:10,12,14; 195:17 awareness 48:3 AWIC 78:5,19; 81:1,3,15,19
B
B-72 98 166:23 B-e-n-i-g-n-u-
-s 10:5 B-o-k 109:1 babies 24:23;
26:18; 27:11 babies' 27:2,4 back 111:16;
141:4; 155:21 back-up 12:19 backyard 21:13 bacteria 13:22 bacteriologist
14:14 bad 154:8;
183:16 badly 191:21;
192:9 bank 144:8 BAPTIST 1:3;
38:11 barrels 35:9 base 177:5 based 68:10;
86:11; 155:1; 177:2; 184:1;
196:7 basically
130:12 basin 53:3
basis 109:6,9, 17; 174:7
Bate's 23:15; 29:22; 39:13; 44:20; 61:14; 76:6; 84:3; 103:7; 111:22; 114:23; 119:19; 124:19; 130:2; 137:5; 140:22
bay 62:8; 63:13,15,22;
64:3,6,15,16, 19; 65:1 Bayer 143:23 beagle 70:14 bear 69:11 bearing 29:22;
39:13; 44:19; 61:14; 76:5; 84:2; 103:7; 114:23; 124:19; 130:2; 140:22 bears 23:15; 76:4; 137:5 became 134:1; 175:18 become 47:21; 174:15,21; 175:3; 177:17; 187:10 bed 51:8 began 49:19; 89:1 begin 113:19, 23 beginning 41:8; 42:17; 58:19; 114:10 begins 17:10; 173:17 behalf 191:6 behind 151:9 belief 74:1; 79:19; 86:11; 87:3 believe 9:10, 12; 55:1,13; 56:11; 86:3,
Page 4
5,8; 149:8; 152:8; 165:11; 189:13 believed 28:7; 88:14,21; 151:10,14 bellies 82:21 below 142:5 beneficial 78 :4 Benignus 10:4, 8; 14:4; 15:5; 23:12; 115:3 Benignus' 14:13 BENSON 2:4 Bergen 108:5 Bergenstein 125:14,17 best 24:3; 30:23; 47:12; 62:17; 66:8, 10,15; 68:15; 69:21; 80:18; 122:19; 175:5; 190:17 better 117:3, 7,10,11,16; 118:3,13; 119:1,4 between 24:6; 93:15; 130:9 beyond 18:9, 19,20; 122:5, 14; 123:9,16, 22 Bill 55:2; 147:13 billion 59:13 bins 34:14 bio-accumulat ion 161:16; 162:13,19 Bio-Test 67:6; 180:12; 181:6 biodegradable 11:6
biodegradation 10:12,2 G; 11:10; 13:14; 14:10; 15:1; 163:22
biological 45:7,11; 161:18; 163:3
biopsy 59:22;
HARTOLDMONO017708
PAPAII.TXT
60:4 biphenyl
35:19; 81:17; 135:3 biphenyls 32:5; 41:9, 18; 198:13 bird 132:1; 172:15 birds 32:8,9; 36:14 Birmingham 2:9.5 birth 21:21 Bishop 99:4 bit 121:12; 144:6; 160:12 blame 128:17 blood 201:13 bluegills 151:8 bodies 26:10; 120:8,14; 121:1; 155:18 body 27:17; 29:2; 40:1; 41:11,20; 163:9 Bok 109:1 borne 133:22 both 42:5; 78:4; 117:15; 152:14 bottom 55:1; 98:2; 112:8; 143:20; 167:19 boundaries *xu .. ^r> / i r\ f ^^j_i ;. 123:22; 124:4 boundary 122:6,15; 123:2,9 Box 2:11.5 branch 178:5 break 22:22; 111:11,12; 166:16,17; 199:19 breast 25:15; 26 :12 Breeze 33:4; 62 :15 bring 79:5,12 brings 56:9; 103:1
Britain 71:18, 23; 72:8
broad 28:23; 31:1; 100:2
brought 31:14; 182:2,3; 195 : 9
Brussels 65:11 Bryant 124:17 Buckley 113:2,
4 budget 90:6,
23; 92:10,15; 93:5,9; 94:6, 20; 96:1 budget-setting 96:8 budgeted 90:9, 14; 91:4,17, 18; 96:1 build 162:11 builds 162:3 bunch 100:6 business 24:10; 55:6; 107:19; 108:6; 109:5, 8,16,22; 110:8,12,14, 15; 111:1; 146:19 buyer 119:15
C
C-107 13:7; 16:4,16
C-a-m-e-r-o-n 65:10
Calandra 145:15; 148:15; 179:22; 180:13; 181:11,17; 188:23; 189:7,11
CALHOUN 1:1.5 call 51:10;
86:15; 117:9; 144:7,20; 165:13 called 62:16; 92:1; 98:21; 103:5; 108:18; 123:6 calls 53:21; 72:2; 78:12; 110:4; 111:3; 180:17
came 29:6; 38:11; 105:7; 147:16; 185:23; 189:9,14
Cameron 65:10 cancer 178:6;
183:20,23; 184:5 cannot 19:8; 43:21; 71:17; 90:18; 93:1 capable 33:18 capacitor 9:23; 25:22 capacitors 34:18 capital 91:4, 9,11,13; 92:7,16; 93:10,21 carbon 22:23; 130:18 carcinogenic 176:4; 178:15,18; 182:18 carcinogens 184:10 care 20:15 carefully 143:4 Carlton 1:18 Carolina 2:12 Carondet 1:18 case 7:4; 9:8; 10:17; 14:7; 148:12; 150:9; 157:8; 175:8; 191:1, 9; 199:6 catch 53:3 catfish 151:8 caudal 165:20, 21 cause 21:21; 22:8; 28:20; 44:2,6; 110:22; 177:23; 183:20,23 ; 184:5; 201:4 caused 104:7 caution 8:5 cautioned 201:3 CCS 148:19 Center 2:8.5
Page 5
Central 29:20 certain 22:2:
81:15; 85:9; 91:16; 161:12; 162:15; 176:5; 189:13 certainly 30:10; 35:6; 50:9; 52:1, 17; 106:8 Certificate 2:16 Certified 1:14; 201:22 certify 201:1, 12 chain 161:22 chairman 13:4 chance 112:17 change 20:9; 168:5; 174:18; 176:2; 188:13; 193:1; 196:3 changed 37:20; 68:19,21; 148 : 7 changes 139:13; 177:12 changing 19:11; 157:20 characterization 51:14; 52:14 charges 195:8 chare 58:18,x9 chemical 20:15; 82:13, 16; 83:3; 133:11,17; 142:15 chemicals 62:23; 95:12; 98:19; 186 :17,. 19,22 chemist 14:15; 135 : 8 chemistry 47:9; 48:1 chemists 134:3 Chicago 139:20 chicken 74:22; 142:19; 158:1 chickens 32:21; 36:11;
HARTOLDMONO017709
PAPAII.TXT
70:15; 116:13; 156:9; 157:15; 170:19; 171:8,11; 172:3 Chief 31:1 rhioracne 42:7; 43:2 chlorinated 73:14,15; 81:16; 86:17, 23; 87:12; 135:15; 137:4; 138:4; 163:23; 169:13; 198:10; 199:7 chlorine 130:18 chloro 87:16 chloros 87:18 Choccolocco 45:7; 46:16, 21; 55:8; 58:17; 59:1. 6; 60:9 chow 142:19 chronic 73:1; 116:5; 167:1; 173:21; 195:12,16; 196:23 CHURCH 1:3; 38 :11 CIRCUIT 1:1.5 citizens 127:8 City 62:14; 98 :12 CIVIL 1:4.5 clarifying 58:5
classified 161:23
Clay 34:20 clear 34:11 Clophen 143:23 clothing
34:23; 35:7 co-author
193:12
co-producers 72:18
coated 142:7
coatings 142:7 coincidentally
139 :16
collect 35:4 collected 35:6 collecting
34:8; 35:12 collection
51:7 combinations
130:17 come 18:22;
38:16,18; 39:1; 92:10; 119:3 comes 80:20 coming 3 6:5;
48:6; 121:17; 139:11 commencing 1:16 comment 190:12; 192:17
commercial 33:5,17; 62:16
Commission 76:15; 201:23.5
Commissioner 1:16; 4:6,23
committee 13:4,6,8; 16:20; 24:21; 29:20; 107:22; 108:1,16,19, 21; 126:22
commonly . 183:12
companies 16:13; 132:18
company 1:6.5; 15:11; 24:5; 31:2; 95:13; 98:19; 115:8; 142:15; 166:22; 173:19; 179:8
compared 158:19; 159:1
compensated 6:8
competitive 143:16,17
completely 169:20;
180:1,15 compliance
4 :13
complicated 146:21
composed 107:14
computer 201:8 concerned
42:9; 47:21; 100:20; 101:12; 109:23; 125:19; 199:9 concerning 162:6 concerns 166:12 conclude 47:11 concluded 47:12; 63:11; 177:22; 184:5; 187:6; 198:22; 200:3 concluding 176:18 conclusion 27:10; 117:17;
172:6; 174:9; 177:4; 178:2; 183:18,21,22; 184:8; 196:21 conclusions 26:4; 117:4, 12; 152:22; 154:14; 169:9; 195:18; 196:3,4,6,11, 15; 199:4 conditions 11:7; 46:10; 50:20; 194:16 conduct 45:6, 11,15; 66:7; 197:5 conducted 13:19; 33:3; 47:6; 87:6,7; 134:12; 145:12; 153:1,4,8; 185:9,13; 195:12 confidence 86:9 confidences 193:19 confidential 56:21
Page 6
confirm 25:20;
75:9,15;
117:13; 144:3
confirmed
75:17; 79:19;
88:12;
104:23;
105:1; 144:5;
1*7 0 .A . 1 AO -i
O . -X ,
^
w
confirming
178:8
confuse 161:19
connected
201:13
connection
9:4; 12:7;
13:1; 92:2;
185:2;
186:11,15;
187:18;
188:8,18;
195 : 8
consider 28:14
considerable
86:8
considered
27:2,3,19;
35:18; 100:2;
116:17;
154:20
consistent
94:11; 100:17
constituted
20:14
consultants
45:15; 47:15;
66:7
consulting
65:22; 66:3
contact 36:5
contacted
40:21
contacts 77:6;
82:2
contain 131:9
contained
190:9; 201:5
contains 57:12
con taminant
130:20
c on t aminan t s
32:7; 53:4;
135:23;
136:19;
138:20
contaminated
34 :13
contamination
HARTOLDMONO017710
PAPAII.TXT
25:19 content 62:8;
64:3; 161:13 contents 101:7 continuation
1:9.5,11 continue 34:1;
66:21 continued
42:6; 43:19; 162:11; 195:1 continuing 64:12; 173:13 continuously 174:12 contribute 50:19 control 44:15; 51:2; 90:6, 13; 93:17; 94:7,11,21; 96:2 controlled 22:21 controlling 92:2 controversy 201:16 convene 12:14 conversations 176:1 convicted 189:12 conviction 10:16; 14:6, 10,17,23 convictions 189:17 convincing 10:11; 11:14 copies 23:13; 70:18; 168:19 copy 65:21; 76:19; 99:11, 13; 159:12; 167:15; 179:10 corporate 102:10; 108:18,20 Corporation 39:11; 119:17 correct 19:13; 22:3; 33:13; 55:15; 57:6, 7,16,21;
r rt ^ ^ -i
59:22; 62:9;
63:5,23; 69:7; 77:13; 84:18; 85:8; 94:18; 103:19; 104:1,8; 105:14; 106:12 ; 109:6; 110:2; 113:8; 116:14; 120:5,6; 137:13; 138:21; 139:3; 141:19; 142:2,8; 148:19; 157:16; 158:21; 159:13,19; 165:4,5; 171:1,18; 175:16; 179:11 couldn't 17:4; 97:7 Co\incil 29:22 counterpart 113:5; 137:23 country 27:17; 29:3 COUNTY 1:1.5;
201:19 couple 76:23;
77:2; 141:15 course 53:1;
66:23; 130:17; 144:15; 145:14; 147:11;
156:19; 191:20; 193:17
courses 100:3 cover 12:10;
61:22; 107:8 covered 77:17;
175:7 cows' 24:20 created 86:15;
104:13; 105:18; 161:21 creature 28:21; 131:22;
158:12; 162:3; 165:14 creatures 13:23; 161:22 creek 45:8; 46:16,20,21; 48:16,19,23; 49:8,15,18; 50:7,8,11,20, 23; 51:3,11, 21,23; 52:15; 53:6,9,15; 54:4,18; 55:8,11; 58:17,23; 59:1,6,7; 60:9; 77:12, 21; 80:11; 81:17; 123:4, 6,8,11,14,15; 128:13,15,22; 129:1,5,10,14 criminally 187:11 Crockett 76:14; 77:7, 10; 78:2,23; 79:10; 80:22; 81:4; 82:3,7, 11 CSR 4:6 customer 70:19,23; 71:7; 125:15 customer's 142:11,12 customers 16:14; 71:10, 15; 72:17; 85:6,15; 88:6; 120:3,7 cut 167:14,16 CV-96-243 1:5.5 cycles 22:1
D
damage 40:2 damaged 43:21 Dan 39:8; 99:4 danger 25:2;
26:20; 27:13 data 69:11;
70:19,23; 71:3,5,22; 74:15,17; 75:1; 86:12;
Page 7
87:3,4; 126:3,16,21, 23; 135:1; 144:8; 151:20; 154:1; 156:7, 23; 177:3; 187:18; 188:8,18; 190:3,9; 195:18; 196:7,10,20 date 8:18; 17:1; 20:11; 30:12; 32:2; 45:17,22; 46:8; 48:2; 82:14; 117:23; 136:7; 156:7; 184:14 dated 9:21; 23:9; 56:18, 20; 65:11; 76:3; 89:15; 97:21; 103:6; 130:1; 170:19 dates 132:12; 187:2 DAVIDSON 2:10.5; 6:1; 167:13 day 201:20 days 6:20; 7:13; 8:12; 9:1 DDT 74:9 deacidified 51:8 deal 73:9 dealings 82:6 Deborah 1:13; 4:5; 201:21.5 decades 19:7; 37:19 Decatur 145:10 December 16:4, 16; 61:8; 89:6,16; 97:21 decision 94:3,
20; 100:11,
22; 101:14; 102:1,7; 111:7 decomposed 191:22; 192:10
HARTOLDMON0017711
PAPAII.TXT
defects 21:22 defendant
191:3 Defendants
1:7.5; 2:6.5 define 42:3 definite
20:11; 49:4 definition
19:10; 20:6; 42:15; 47:3; 104:22 degradation 86:22; 87:21 degrade 85:7, 16; 86:4,9; 88 : 7 degrading 86:20 degredate 13:21 degree 72:23; 73:4; 144:14 deliberate 20:20 deny 75:9,15 department 10:1; 41:3; 147:12; 150:13 dependent 20:19,21; 21:3 depending 74:7 depends 14:18; 21:5; 131:21 depositing 118:21 deposition
, , ;1:10,12; 4:4,
10 11 20 5:15; 6:11, 19; 7:3; 8:23; 9:5; 29:15; 61:7; 75:20; 114:17; 119:11; 129:20; 140:20; 148:14; 157:8; 159:5; 170:3; 172:18; 175:5; 179:4; 198:4; 200:3; 201: 2
depositions
4:14; 8:8 describe 24:9;
42:12; 129:5 described
10:21; 24:11; 42:8 describing 163:21; 199:2 design 135:21; 138:18 designation 68:21 designed 136:2,4,11,17 desirable 118:3,6,9,13 destroyed 164:1 detail 7:10 details 38:8; 88:1; 139:14 detect 57:8; 139:15 detected 18:9', 18,20; 58:10 determination 27:18; 128:20; 129:12; 140:8 determine 22:8; 47:6; 59:4; 134:13; 138:3,9; 139:2,8; 148:4; 165:2; 178:14 determined 18:16; 68:8; 81:21; 131:3 determining 135:22; 136:18; 138:19; 140:4 detrimental 22:1; 81:13, 20 develop 40:4;
138:3,8; 139:1; 140:3 developed 48:5; 81:12; 118:20,21; 156 : 7 developing 48:3 development 108:19 di 87:16
dibenzylfurans 135:4; 137:4, 13; 138:4; 139:15; 198:6,16,20; 199:7
die 68:4 died 152:11,
15; 191:20 diet 24:21;
157:21; 174:12 difference 93:22; 130:8; 177:2; 193:23 differences 96:9 different 37:1,23; 54:8; 62:18, 22; 93:20; 100:7; 108:16; 109:20; 142:16; 186:19 difficult 45:4; 92:21 digested 163:23 dioxide 22:23 dioxin 130:12, 15 directed 132:20,22 direction 24:16; 25:7; 81:3 directly 127:9 director 81:4; 147:11; 179:9 dirty 54:9 disagree 51:13 disagreeing 180:22 disappointed 156:10,16 disappointment 156:22 disburse 126:1 discarded 35:8 discharge 52:5,21; 83:1 discharged 51:9; 64:10 discharging 51:6; 53:11, 14; 54:4,9,18
Page 8
disclose 193:18; 194:4
disclosed 83:10,12
discouraging 74:16; 75:2
discretion 71 :1.8,23 ; 72:8,12 '
discuss 7:18; 13:13; 101:7; 196:14
discussed 7:19; 8:4,6; 77:10; 139:20,22; 171:8; 180:7; 188:2
discusses 22:20; 76:12; 116:1; 134:23; 137:11; 149:11; 150:17; 157:18; 159:17; 160:1,6
discussing 13:15; 43:17; 59:3; 79:9; 85:5; 134:22; 161:1,4
discussion 5:12; 96:7, 15; 119:8; 156:4,19; 161:7,10; 178:23; 180:9; 188:15; 193:18; 198:5
discussions 49:2; 114:8; 156:13; 157:3; 162:5, 18,22; 163:1; 166:3; 168:23; 171:19; 175:14; 182:1; 189:5
disorders 22:9 disposal
17:12; 19:20; 21:19; 33:11; 35:10; 118:2 dispose 52:18;
HARTOLDMON0017712
PAPAII.TXT
118:6 disposed
18:12; 19:1; 22 :19 disposing 128:1,3 distinction 93:15 distinguished 92:11 distributing 75:10 distribution 125:22; 163:14; 164:6 disturbed 128:6 ditch 51:10; 123:1,5,16; 129:6 division 95:12 doctor 144:16 document 8:18; 9:11; 10:6; 15:19; 17:2; 23:21; 29:12; 39:3; 44:9; 50:1,15; 52:7,9; 56:10,13; 61:3; 65:5, 18; 83:21; 84:2,16; 87:23; 89:3; 96:18,19; 101:10; 102:23 ; 103:5,13; 104:17,19; 105:6; 107:8; 112:5,19; 114:19,23; 115:2; 134:17,22; 141:9,13; 144:10 ; 148:11; 151:3; 163:12; 164:8; 173:7; 179:14; 198:4; 199:18 documented 47:14 documents 7:6; 8:20; 9:3; 175:6; 177:6 dog 145:8;
184:17,20 dogs 70:14;
156:8 doing 195:3 dollars 90:20,
22; 92:17;
93:3,5,11; 95:17; 110:1
done 7:23; 9:2; 32:18, 20; 38:8; 63:2,3,6,12; 66:3,12,20; 67:10,13,22; 68:14,16; 69:1,9,17; 70:9,11,13; 85:20,22; 101:20; 116:7; 121:6, 13,23; 122:2, 10; 123:13, 21; 124:3; 131:11; 136:12; 140:15,17;
144:2,9,12; 146:10,14; 147:9; 149:12,19; 154:16; 155:2,7,11; 157:14,19; 165:1; 174:4; 176:5; 184:18; 185:3; 186:12; 188:9; 189:23; 191:10; 192:23; 193:3,5,6,15; 197:16 dosage 70:6 dosages 148:6 doses 151:9, 13; 197:12 down 22:22; 45:21; 123:3; 131:1; 190:21 downstream 26:9 DP6 143:22,23 draft 17:20; 40:12; 41:3 drafted 40:17 drafts 148:8
drainage 123:1 draw 113:16 drink 24:23;
26:18; 27:11 Drs. 47:19 Drug 139:17 dry 37:6,15;
129:8,10 DSW 173:11,12 due 128:22;
129:14 duly 5:4;
201:3 dump 50:8;
51:23; 52:4 dumped 50:22;
128:23 dumping 50:11;
51:3,15; 52:13; 53:9, 11; 118:4,14 dumps 128:2 duplicated 158:2,6 duplicating 157:18 duration 162:12 during 96:8; 100:3; 129:7; 177:15; 191:20 Durland 127:16 dyes 50:18
E
each 14:19; 48:13; 160:20
earlier 62:12; 75:9,16; 93:12; 112:23; 129:4; 171:7; 179:16
early 66:20; 67:11,23; 68:12; 70:10; 75:10; 85:1; 86:14; 88:19; 122:17
easier 130:11; 149:6
ecological 104:6,14; 105:3,19,21; 110:23
ecology 47:8;
Page 9
48:1 ectopia
165:20,21 Ed 109:1 effect 4:12;
42:11,14,15; 70:3,4; 81:20; 94:5; 109:7,13; 116:11; 154:8; 162:19; 171:9 effective 118:1,10 effects 32:16; 35:21; 36:2, 18; 39:23; 41:10,19,21; 42:18; 47:8, 14,23; 55:7; 6 3:19; 158:13; 165:3; 169:14; 171:13; 182:18 effluent 111:22 effluents 47:7,22; 142:10,22 efforts 34:2; 35:3 egg 36:12 eggs 32:23; 75:5; 116:19, 20; 171:10; 172:4 eggshells 116:12 eight 22:18; 110:1; 117:20,22; 172:18,20; 173:2,6; 175:2,20; 179:16 eight-page 39:12 either 80:23;
100:13;
122:11 Electric 9:23;
15:11; 39:11; 115:7,19; 119:16 electrical 13:11; 16:11;
HARTOLDMON0017713
PAPAII.TXT
41:15
- - *___ A- _ J
cxcvaucu
25:14; 26:11 eleven 57:13;
110:1,10 eleven-page
114:19 eliminated
35:23 Elmer 40:16;
108:6; 147:12; 148:16 emphasis 11:5 employed 186:1 employee 98:13; 137:16; 201:15 employees 107:15 enclosing 65:20 end 21:6; 37:1; 135:19; 141:10; 152:9; 181:1, 2 ended 51:11; 176:21; 186:4 Engineer
i* "ax ., n_i_ r- #. ir xn .. Zo
England 138:1; 153:12,18; 155:2,8
enlarged 42:13; 169:8
enough 31:16; 132:7; 151:22
ensure 120:16 enter 81:17;
111:6; 128:4 entering
77:12,20; 80 :11 entire 162:11 entitled 7:21; 8:3 entity 184:7 environment 13:21,23; 17:10; 18:5; 19:19; 20:13; 35:22; 36:3, 18; 85:8,17; 86:4,10,19; 87:22; 88:8, 15; 92:8;
120:12,17; 128:4 environmental 29:5,19; 32:6; 57:5,9; 82:7; 107:3; 127:17; 141:18 EPA 127:6;
184:3,9,15 equipment
13:11; 16:12; 41:16 Ernie 125:14 erroneous 196:21 error 199:4 Escambia 63:13,15,22; 64:3,6,14,18, 23 escape 20:13 escaping 120:11,17 especially 120:9; 163:4 Esq 2:3.5,7.5, 10.5 essence 137:23 essentially 35:22 establish 12:13,15; 13:9,20; 16:21; 68:1; 70:5; 158:8 established 33:6 et 1:3,6.5 Etowah 201:19 Eugene 44:14 Europe 71:19, 23; 72:9,19; 133:8; 138:1 European 132:17 evaluated 173:23 even 53:10 ; 105:6; 110:10 events 121:7 eventually 16:22; 29:5; 51:11; 76:17, 18; 118:19; 123:3; 128:4, 6; 130:21 everybody
199:8 everything
31:23 evidence 4:21;
10:11; 11:14; 32:5; 105:5; 195:23 evolved 48:11 evolving 48:3; 88:19 exact 68:3; 71:12; 82:14; 109:11; 174:22; 186:17 exactly 116:16; 167:23 examination 5:7; 168:3; 197:22; 199:16 examine 178:12 examined 5:5; 165:18 example 21:8; 36:6,9; 42:10; 92:9; 128:17 exceed 6:18; 110:10 except 4:17 exceptions 162:17 Excuse 42:2 execute 135:21; 138:18 executed 136:3,4,11,17 executive 103:5,14,16, 20; 104:2; 106:9,14; 110:19; 167:4; 170:14; 173:9 exhibit 15:15, 18; 23:5,17, 20; 29:13; 30:2,7; 39:16,19; 44:21; 45:16; 56:23; 57:3; 61:6,18; 65:15; 76:8, 11; 84:5,8; 89:8,11,23;
Page 10
90:4; 96:20; 96:4,7; 103:10; 111:18; 112:10,16; 115:9,15; 119:12,21; 120:1; 124:14,22; 125:8; 127:19,22; 129:20; 130:4,7; 137:7,10,11; 138:17; 140:20; 141:6,14; 148:13,17; 150:10; 157:9;
159:11,13,15; 167:11,12,16, 20,22; 171:2, 4; 173:8,16; 179:5; 198:2 exhibited 161:13 exhibiting 72:23 exhibits 3:15, 16 exist 140:5 existence 137:12; 139:2 expect 6:8,12 expected 36:19; 73:23; 79:23; 163:3, 6 experience 79:19; 184:2 experiments 75:8,13 expires 201:23.5 explain 40:4; 168:20 explaining 85:15 expose 69:23 exposed 13:22; 35:20; 36:16; 48:23; 62:21; 131:23; 147:2; 152:18; 154:10; 158:12;
HARTOLDMON0017714
PAPAII.TXT
161:12; 162:3 exposing 33:11 exposure
28:21; 36:15; 42:6; 68:5; 69:21,22; 73:13; 169:7 exposures 43:20; 62:19 expression 50:17; 57:22; 94:16 extended 36:13 extent 144:17; 166:1; 197:9 external 43:3 extra 11:2 extracts 143:14 extrapolate 182:17
F
facilities 91: 19, 20, 23
f aci lity 92:9; 122 : 12
fact 9: 15; 18 : 17; 38 : 7; 43 : 2; 48: 14; 50 : 7; 51: 23; 52 : 13; 53 :1; 58 : 10; 63 : 13 , 14, 20; 79 :9; 80 : 8; 86: 22; 104 : 12 / 116 :4, 19; 125:23; 126:15; 128:20; 129:13; 140:2;
146:21;
156:15; 158:23; 162:6; 169:12; 171:3; 177:18,22; 178:3; 180:19; 189:6; 192:8; 199:3 factors 50:6; 51:20; 111:6 facts 77:18; 195:22
failed 34:19 failure
149:17,21,22 failures
153:17 fair 31:16;
51:12; 183:13 false 190:9 falsification
196:2 falsified
190:4; 195:19; 196:10,20 falsifying 187:18; 188:8,18 familiar 84:11 Fancher 145:18; 148:20,21; 192:22 far 42:8 farmed 116:20 fat 57:20; 58:7,11; 59:22; 60:4, 17; 163:4,7 favorable 116:7
FDA 139:23 FDA's 24:19 February 15:7;
17:3 fed 32:15;
152:6,17; 160:19; 162:9; 168:12; 171:16; 174:12 federal 33:4; 64:19; 65:1 feed 142:19 feeding 161:14; 162:2; 172:2 feel 118:5 fees 195:7 felt 91:22 females 165:18 Ferguson 47:18 Ferranti 125:14 fetus 165:13 fetuses 165:17 few 46:12 FGL 23:15;
84:3 field 183:11 Fifteen 190:23 fifth 42:21 fifty 29:9;
37:20; 152:15 Fifty-eight
3:5.5; 56:12; 57:1 Fifty-five 3:4; 29:14; 30:3 Fifty-four 3:3.5; 23:6, 18 Fifty-nine 3:6; 61:6,19 Fifty-seven 3:5; 44:12,22 Fifty-six 3:4.5; 39:6, 17
Fifty-three 3:3; 15:5,7, 16
Fifty-two 9:9 filing 4:23 final 21:19;
147:5; 170:22 finally
131:13; 134:4 Financial
2:8.5 find 26:3;
37:12; 77:14; 90:16; 134:4; 158:17; 196:1 finding 51:16; 92:21; 109:10; 145:3; 198:5, 15 findings 75:9,
16; 160:6;
178:3,10,11; 180:9,23; 199:5 finds 53:5; 163:8 Fine 30:13 fine-tune 134:3 first 5:4; 6:20; 7:12; 8:11; 9:1; 11:17; 15:23; 25:4; 30:8; 33:9; 39:20,
Page 11
21; 41 7; 45: 14 ; 46 * 4 47: 21; 48 l?, 22, 23; 49 : 18 ; 55: 16; 58 : 19 ; 66: 6; 68: 22; 69: 19; 70 : 22 ; 77: 6; 84: 9; 86: 3; 98: 8; 104 : 22 113 : 13 115 : 16 117 : 14 132 : 9,11; 134 : 23 138 :7; 141 : 12 149 : 17 159 : 22 160 : 23 163 : 12 179 : 21 188 : 4 ; 20 1:3 fish 48 15 ,18; 49:8; 57:20; 58:7,11; 59:19; 60:15; 62:19; 82:13, 19,21,22;
83:5,16; 146:14,15,18; 147:1;
149:12,16,19; 150:3,17; 151:7,21; 152:6,15,17, 23; 153:4,7; 154:6,10,15, 21,23; 155:6, 12,17 Fisheries 33:5; 62:16 fit 12:14 five 81:9; 87:18; 164:11;
174:23; 175:2,19,20; 179:16; 181:4,5 five-page 124:18 five-year 139:6 flavor 157:2 Florida 33:4; 62:15; 64:7, 11; 65:1
HARTOLDMON0017715
PAPAII.TXT
focal 168:10, 13,16
focus 20:23 focused 113:15 follow 80:4 following
77:18 follows 5:5;
25:11; 133:7; 183:15 food 139:17; 161:22 force 4:12 forced 100:11, 21; 101:14, 18; 102:1,6 foregoing 201:9 foreseeable 118 :1 forged 191:9 forget 68:3; 82:22; 153:22; 186:17; 190:20 forgot 146:9 forgotten 82:14; 159:2 form 4:18; 19:2; 20:17; 26:13; 28:10, 16; 36:20; 37:16; 38:13, 19; 41:22; 46:17; 49:21; 50:13; 53:20; 54:5; 55:20; 56:5; 60:18, 22; 63:17; 72:1; 73:6, 19; 74:11,19; 75:3; 78:11; 91:6; 92:4, 19; 94:14; 96:4; 101:1, 11; 104:9,16; 105:5; 106:5, 10; 110:3; 111:2; 114:2; 120:18; 131:17; 132:3; 154:17; 159:20; 160:4; 172:9; 176:7; 180:16;
181:13,19; 182:20; 183:4; 184:11; 187:20; 190:10; 191:13; 192:13; 195:14,21; 196:12 formal 155:9 formation 176:22 formed 11:9; 101: 9 formerly 69:2 formulate 101:6 formulating 12:10 formulation 12:1 forth 1:20 forty 37:20; 184:1 forwarded 41:5 found 42:19; 59:5,12; 60:4,8; 62:20; 86:18; 87:11,12; 128:13; 130:20,21,22; 131:8; 134:3; 142:5; 143:13; 153:17; 154:5; 162:8; 168:11 foundation 38:21; 60:23; 73:8; 105:7; 131:19; 132:5; 154:18; 182:21; 183:5; 184:12; 192:14; 196:16 foundry 50:19 four 6:7; 17:7; 42:21; 131:14; 142:16; 159:6; 164:21; 165:15;
181:1,4 four-page
56:13; 103:4; 181:3 fourteen 142:14 fourth 45:21 frame 175:21 FRANKLIN 2:8 Fred 119:14 free 81:1; 147:2 French 148:18, 20 FRIEDMAN 2:4 full 4:12; 163:12; 166:9 fully 179:23 funds 144:21 furan 130:9, 13,16; 131:3, 10; 133:19; 139:9 furans 130:20; 131:4,9,16; 132:2,10,16; 134:5,14; 138:9; 139:3, 18; 140:5,10 further 100:2; 146:21; 148:1; 198:21; 199:16,23; 201:12 future 55:11, 19; 56:3; 81:11; 118:1
G
Gadsden 1:22; 201:19
Garrett 1:14; 4:5; 201:21.5
gave 13:17; 134:18
GBRN 39:14 general 9:22;
15:11; 95:7; 115:7,19; 161:6,10; 162:21,23; 169:3 generally 31:17,20; 58:13 GERARD 2:10.5;
Page 12
6 :1 getting 18:4;
145:1; 146:20 give 10:10;
11:13; 40:11; 79:3,11; 151:16; 178:19,20 given 7:4; 70:18; 71:1, 3; 201:11 giving 13:15; 40:7 glanced 103:13; 164:23 golly 138:13; 187:14; 190:20 Gordon 145:19 gosh 88:18 got 25:14; 34:12; 76:19;
88:15;
101:16; 120:20; 144:19,22; 168:19; 181:16 government 24:15; 25:7; 99:1; 100:13, 23; 101:15; 102:4,8; 181:10; 182:8,14 governmental 184:4 gradually 20:10 grasp 166:8 great 50:9; 52:1 greater 72:23; 73:4; 86:18 Greensboro 2 : 12 gross 110:2 ground 68:3 grounds 4:19 group 11:23: 12:11,13,18; 55:6; 97:21; 98:18,20.21. 22,23; 99:8, 15,21; 100:1, 20; 101:3,12; 107:14;
HARTOLDMON0017716
PAPAII.TXT
136:13; 139:7; 168:3; 171:16 groups 107:19; 108:6 growth 25:3; 27:14 guess 64:5; 91:1,15; 102:19; 114:1,5,6; 124:1; 129:2; 131:7; 165:22; 176:20,21; 179:15 guessing 38:23; 64:4; 99:22; 102:11 guideline 68:5 guidelines 142:6 Gulf 33:3; 62:15,20 Gunning 47:19, 20
H
H-i-n-c-h-e-n 159 : 9
h-o-m-o-l-o-g 163:14
Haggart 137:3, 22
half 68:4 hand 90:3;
201:18 handled 19:10;
78:14 handling 13:9;
17:11; 19:20 handwritten
54 :23 happen 88:16;
183:13 happened
139:5,16; 186:6 happening 24:14; 25:6,8 happens 20:10 Harbison 97:23; 98:15, 16 hard 51:16; 109:10; 196:1 harm 21:17;
28:22; 36:7; 54:7 hatch 33:1;
116:19 ha tchabi1ity
75:5; 116:11; 171:9,10,14; 172:4 hatching 36:12 hazard 138:6; 140:6,9 head 145:14; 175:22; 178:4 headed 109:7; 128:9; 145:2 heading 109:13 health 26:21; 27:4; 29:19, 21; 41:20; 42 :11
healthy 25:2; 27:13
hear 106:13, 16; 159:22;
189:3,10; 197:10 heard 31:22; 32:1; 166:7, 8; 187:17; 188:1,3,5,10, 16,21,22; 189:20; 190:1,2; 191:11,18; 192:6,21; 193:4; 195:6; 197:14 heavy 120:10, 16; 121:2,6 held 5:12; 16:20; 91:14; 96:15; 115:19; 119:8; 156:4; 178:23; 188:15 HELMS 2:11 help 45:5; 51:17; 55:10; 77:14; 90:16; 93:15; 94:23; 148:4 helpful 54:15 hereby 201:1 herein 1:20; 201:5 hereto 3:16 hereunto
201:17 hesitate 42:3;
68:18 hesitating
19:4; 121:12 high 22:20;
32:14; 33:12, 19; 43:19; 73:13; 169:12 higher 73:14, 15; 158:18, 23; 161:14, 21,23; 169:13; 171:14,15; 172:2,13; 197:11 highly 131:16, 20; 154:20, 22; 183:11 HILL 1:2.5 Hills 38:10 Hinchen 159:9 hire 45:10,14; 66:6 hired 47:16 Histologic 168:2 homolog 163:14 honestly 19:9 hope 118:18; 158:17 hoped 116:8 Hotel 1:18 hourly 6:13 hours 6:7,18 Howard 108:5 human 40:1; 41:10,19; 57:20; 58:7, 11; 59:21; 60:4,17; 131:23; 182:18; 184:10 humans 22:9, 10; 44:3; 132:2; 183 -.14,20; 184:6 hundred 90:22; 92:17; 93:4, 11; 151:11, 15; 152:2,7; 160:19; 162:9; 174:11 Hunt 147:13; 150:11;
Page 13
151:12 Hlint's 152:10 hydrochloric
22:22 hydrogen
130:19 hydrologist's
47:2 hydroxide
133:10 hyperplasia
168:10,16 hypertrophy
168:10,13 hypothesis
86:16;
133:20,22
I
IB 170:14 IBT 32:18,20;
66:4; 67:7,8; 69:17; 70:11; 116:2,7; 117:7; 142:20; 144:12; 145:11; 146:11,15; 147:10,21; 149:13,15,20; 153:1,4,6; 155:7; 161:2, 3; 164:17; 166:23; 170:15,16,19; 174:2,17; 176:2,5; 177:11,14; 178:12; 182:6,11; 184:16; 185:1,17; 186:1,4,13; 187:1,3,5,18; 188:9; 189:23; 190:3; 191:11,21; 192:23; 193:3,5; 194:8,15,20; 195:3,11,19; 196:23 idea 36:12; 69:23; 83:7; 177:15
HARTOLDMON0017717
PAPAII.TXT
Ideally 33:10 identification
3:15.5; 9:9; 15:4,17; 23:5,19; 30:4; 39:5, 18; 44:11,23; 56:10; 57:2; 61:5,20; 65:7,17; 75:19; 76:10; 83:23; 84:7; 89:5,13; 90:2; 97:15; 98:6; 103:2, 12; 111:15;
112:12;
114:16; 115:11;
119:10,23; 124:13; 125:1; 127:12,21; 129:19; 130:6; 136:23; 137:9; 140:19; 141:8; 157:7; 159:6; 166:21; 170:12; 179:3 identified 32:6 identify 141:22; 164:3 IDT 165:2 II 155:22 Illinois 134:11; 145 : 9,10 image 100:5 impact 100:5 imply 105:21 important 120:8; 196:4 impression 25:16,21; 49:4; 69:4; 80:1,3; 101:16,21; 132:7; 154:19; 158:7 impressions 79:16; 88:19 improper 17:11; 19:5, 6,19; 20:6;
169:20; 170:10 improperly
18:11,23; 19:9; 190:12 Improvement 76:15 inactive 88:14 Inc 1:21 incineration 22:21; 33:12; 37:4; 118:19, 20 incinerator 33:17,21; 34:2
incinerators 33:18
include 34:18, 19,21
included 42:14; 52:21; 57:19; 58:6; 121:13; 191:22; 192:10
including 10:2; 23:14; 27:6; 44:18; 98:3
Incorporated 6:3
increased 43:10,13
increasing 32:4
indeed 138:4 independent
59:17; 185:19 indicate
22:15; 27:6; 73:22 indicated 32:22; 93:12; 161:15 indicates 135:2 indicating 65:22; 81:12; 143 : 6 indicator 183:13 indicted
187:11,15; 188:7,10,17; 189:1,8
indictments 189:17
indiscriminate 118:4,14
individual 14:19; 31:7, 14; 98:11
individuals 72:17; 79:20; 136:14; 145:13; 161:8; 181:23
industrial 12:2; 57:14; 67:6; 98:19; 142:14; 180:11
industry 11:23; 12:3, 4,8,9; 20:16; 49:10
inert 88:14, 21; 163:10
Inerteen 39:23; 41:9, 12,13,18
inertness 88:23
inform 129:16 informal
155:10 informally
140 :1 information
10:14; 14:1, 4,8,16,22; 31:18; 33:8; 48:5,11; 54:3,12,14; 55:9; 71:17; 72:6,17; 77:17; 81:12; 83:9; 108:8; 116:22; 144:7; 155:4; 189:14,16 ingredient 135:14 initial 47:17; 178:2 Initially
198:18 initiated
77:6; 100:15; 102:14 injuries 44:3 injury 36:7; 43:4,9,15 inquiries 16:3,7,11
Page 14
inquiry 30:22 insect 132:1 installed 53:2 Institute
11:20; 178:6 instruct 7:17 instrument
164:2,3 insufficient
14 : 9 insurance
55:12; 56:4 intent 47:10;
71 : 1 3 ;
101:19; 117:16; 119:3 interest 12:11,18;
50:9; 52:1,
15,17,22; 53:3,18 interested 12:9; 31:20; 52:20; 55:6; 201:16 interesting 54:1 interim 74:15; 139:5 intermediate 88:5 interpret 182:3 interpretation 72:22; 123:18 interpreted 14:19; 150:1 interrupt 86:7 interval 160:21 introduce 21:9 introduced 21:12; 147:1 introduction 173:8,18 involve 130:15 involved, 20:22; 31:9, 13 ; 34:5; 72:13; 83:3; 107:20; 117:1; 122:3; 128:18; 130:16; 144:11,14,16, 19,23; 145:13; 146:1,7;
HARTOLDMON0017718
PAPAII.TXT
147:9; 163:4; 166:6; 184:21; 185:15; 186:20; 187:8; 191:16; 195:2 involvement 12:21,23; 13:2; 144:17, 18; 147:18, 21; 148:9; 160:8 involving 82:1; 197:8 irrational 49:9 isn't 28:18; 50:11; 51:4; 104:14; 111:1; 128:4; 178:6; 196:7, 14 issue 31:13; 77:7; 85:14; 87:20; 107:3, 18; 183:7 issues 73:9 item 109:19; 115:14; 149:10 itself 64:16; 104:18; 108:16; 123:15
J
J-1291 170:20 JACK 2:3.5;
15:12; 96:16; 111:10; 155:13 James 108:5 January 65:11; 72:13,15; 111:20; 115:3,5,20 Japan 24:5; 27:10; 133:15 Jensen 105:2 Jessee 75:23
Jim 99:4
Joe 55:16 join 181:23 joined 146:4 joining 185:17 joint 24:6,8,
10 JR. 2:10.5 July 119:13 j ump 26:3 June 137:21;
170:19; 171:4; 201:20 juvenile 21:10; 33:6; 36:7
K
K-a-t-a-y-a-m-a 23:11
K-u-h-n 44:17 Kaneclor 144:1 KASOWITZ 2:4 Katayama
23:10; 24:2, 13; 25:5; 28:1,6 KC-300 144:1 keep 147:22 Keller 56:17; 133:2 Keller's 136:12; 139:7 Kelly 5:23; 147:11 Keplinger 145:17,18; 188:23; 189:8 kept 19:11; 139:10; 184:14 key 100:14; 102:13,16; 108:8 kidney 165:23 kill 82:13,19, 21; 83:5,16; 151:11,15; 152:2,7 killed 83:6 kills 154:23 kilogram 165:19 Kimbrough 177:19; 178:10,14 Kimbrough's 180:11 kind 33:8; 41:20; 54:14; 72:16; 151:20; 167:4;
184:19; 199:11 knob 134:3 knowing 50:3; 53:23; 54:13; 88:1; 150:23 knowledge 11:8; 35:15; 42:1; 55:10; 64:21; 68:15; 140:15; 185:19; 197:2,9 known 22:14; 69:2; 88:23 Krummrich 94:5; 113:2, 6; 134:11 Kuhn 44:16; 55:4
L
L-i-t-s-c-h-g-i 159:9
lab 153:22; 155:2,7
labeling 12:17 laboratories
66:16; 67:6, 11,23; 68:10, 17,19; 69:3; 145:5; 180:20,21 laboratory 33:5; 58:2; 62:13,17; 65:22; 66:3, 15; 67:3; 68:16,21; 69:2,6; 86:12; 87:3, 4; 126:8; 145:6,7,15; 146:3; 153:12,17; 196:23 labs 194:15, 17,20 lack 18:3; 38:20; 73:7; 131:18; 132:4 lacked 14:17 lacking 14:9; 37:4; 119:1 lacks 10:16; 14 : 6 Lake 28:2
Page 15
landfill 38:6, 12; 118:2,7, 9,22; 120:9; 121:15; 134:15
landfilling 23:2
landfills 37:7,13; 120:3; 121:10
Landwehr 55:13 19 56:1;* 76:13; 82:4; 89:20, 22; 95 :3,4,6 15
language 52:14; 176:3
Large 4:7 last 5:14;
6:16; 9:11; 24:13; 26:1; 27:23; 30:11; 35:16; 46:12; 54:22; 75:6; 77:2; 88:4; 90:17; 92:23; 99:23; 100:8; 102:12; 104:21; 114:20; 135:19; 149:2,5; 158:15; 167:21; 168:1,9; 179:13; 181:4 late 45:23; 66:10,13,20; 67:10,22; 68:11; 85:2; 86:14: 177-8
later 47:18, 19; 70:6; 71:8,11; 147:16
latest 24:14; 25:5
latter 20:22; 12 5 :13
laundry 54:3 laws 4:13 lawyers 7:7 layman's 183:9 LD 68:6,7,9 lead 86:8;
101:20 leading 4:18
HARTOLDMON0017719
PAPAII.TXT
learn 48:17, 22; 132:9
learning 31:20; 79:8
least 187:8 leaving 186:4 left 9:10;
50:17; 154:19; 157:3; 180:22 legal 195:7 legally 24:11 leghorn 70:15; 116:12; 157:15; 158:1; 170:18; 171:8,11; 172:3 lesions 178:13 letter 15:8, 21,23; 16:9; 19:12,16; 23:8,9; 25:13; 29:16; 30:9,11,12, 14; 31:5,11; 32:4,11; 39:7,13; 4U:22; 44:13; 46:6,8; 61:8; 76:19; 113:22; 119:13; 148:15,19,23; 149:3,6,11; 150:21; 179:11,22; 181:17 level 24:20; 27:19; 28:13, 19; 29:6,8; 64:14; 68:1, 8,9; 152:5, 15; 158:9,10, 11,18; 159:1; 161:14; 171:14,15; 172:2,13 levels 24:17; 25:14; 26:11; 27:1; 29:4; 32:15; 59:4, 8,12,18; 60:3; 70:6; 73:13; 142:5; 151:18; 152:1,11,13;
154:9; 156:12,17; 157:20; 160:19; 161:13; 162:8,16; 169:12; 174:11 Levinskas 147:15,16; 148:13; 150:9; 155:21; 157:6; 159:5; 164:10; 166:20; 170:12;
172:17,20; 173:2,6,19; 174:17;
176:2,23; 177:8; 179:3 Levinskas' 148:14; 157:7; 172:18; 179:4 life 32:8,10; 33:2; 48:16, 18; 49:8; 128:14,21; 129:10,13 lifeless 49:5 lifetime 70:7 light 174:1 LIGHTFOOT 2:8 likelihood 113:14
lime 133:16 limestone
51:7; 53:2; 133:16 line 45:21; 122:6,15; 123:2; 165:16 lines 152:9 liquid 34:21; 94:4; 118:17 liquids 41:14 list 16:2; 35:2; 40:22; 102:18 listed 99:6; 148:19; 162:17; 184:9 lists 100:6 litigation 182:4 Litschgi 159:8
little 125:7; 130:11; 131:6; 144:6
live 26:9 liver 42:13;
43:4,9,10,13, 14,20; 44:3; 169:14; 173:20; 174:3; 177:23; 180:10 livers 73:12; 168:3,11; 169:8 living 13:22; 28:21; 161:22 local 51:10; 80:17; 187:12; 189:15,18 locality 12:6 locate 33:17, 20; 34:2; 141:22 located 62:13; 98:12; 120:4; 143:10; 145:7 long 6:6; 34:1; 35:18; 40:2; 151:21; 152:17; 190:22 long-term 55:7 longer 164:2 look 9:14; 10:7; 11:1,3; 21:20; 22:17; 30:5; 45:1; 52:8,11; 54:22; 62:6; 77:2,15; 112:17; 115:12; 117:18; 125:2; 134:17; 148:10; 150:7; 157:4; 160:16; 164:10,19; 166:18; 170:11; 172:16,21,22; 174:3,8; 179:1 looked 8:2; 179:14
Page 16
looking 8:7; 31:18; 37:8; 69:12; 78:16, 20; 94:9; 117:15; 135:10; 158:8; 167:18
looks 46:1; 96:18; 114:18; 167:3
lose 109:5 loss 24:22;
109:22; 110:8,17; 111:1 losses 34:15 lot 49:10 Louis 1:18; 4:7; 5:1; 6:4; 115:6; 139:7; 143:10 lower 86:16, 23; 87:12; 163:22; 197:12 lowest 121:22 lunch 111:17 lye 133:10,18
M
machine 142:10 made 4:17;
21:1; 27:18; 33:11; 45:17; 78:23; 80:22; 88:23; 94:19; 107:4,21,23; 108:10; 130:22; 145:5; 199:3 magnitude 141:23; 144:4 mail 16:3 maintaining 55:10 make - do 11B-.:?? malformed 165:13 mamma. 1 s 2 2:7, 9; 7 4:9 man 184:22 managed 37:6, 14 management 91:21; 107:7, 21; 108:1,12 manager 80:14;
HARTOLDMONO017720
PAPAII.TXT
95:11 managers
107:19 manner 100:16 manufacture
94:12 ; 100:12,23; 101:15; 102:2,8; 133:9; 135:5 manufactured 19:8; 82:17; 131:8; 132:17; 134:8,10; 135:16 manuf ac turers 13:11; 16:12 manufacturing 95:11; 142:16,17 many 2 6:5; 50:6; 51:19; 83:5; 102:18; 105:20; 107:17; 126:14; 128:15; 129:7; 156:19; 173:2; 177:7; 180:2; 185:8; 186:18 March 23:9; 39:6; 44:13; 127:13; 128:1; 148:15; 150:21 March-Augus t 159:7 marine 32:8, 10; 33:2 mark 9:19; 15:3,13; 23:4; 29:13; 39:4; 44:10, 11; 56:22; 61:4,16; 65:6; 75:18; 83:22; 89:4; 97:14; 111:14; 114:15; 119:9; 124:12; 127:11; 129:18;
136:22
140:18 156:11 172:17 183:15 marked 3:2,15; 9:8,16 15:16; 23:18; 30:3; 39:17; 44:22; 57:1;
61:19; 65:16; 76:9; 84:6; 90:1; 96:20; 98:5; 103:11; 112:11
115:10 119:22 124:23 127:20 130:5; 137:8; 141:7;
148:12, 150:8; 157:6; 159:4;
166:20
172:23 179:2; 198:2 marketing
31:8; 107:15; 137:19 marriage
201:13 MARS 1:2.5;
38:10 Mary 29 .17
material 34:8, 16; 35 :13; 97:4; 134:5, 7,9; 148:3; 163:7; 199:8
materials 35:5; 57:5,9
matter 5:18, 20; 6:21;
7:13; 201:16 matters 5:19;
82:8,10 maximum 24:20;
81:16 McKee 99:5 mean 18 1,11,
23; 21 7; 34:10; 36:23; 43:16; 59:8; 76:18,23; 82:20; 86:6; 110:16 124:6; 127:2;
139:23; 146:17; 152:12; 153:23; 154:22; 158:10; 161:17; 163:20; 167:18; 182:4 meanders 123:3 meaning 149:22; 153:23; 171:16 meaningful 27:8; 129:17; 151:22 meaningless 149:23 means 127:4; 163:16,18; 165:10,12; 168:7,14,17; 201:7,8 mecint 43:8;
55:18,23; 56:1,3; 71:20; 72:4; 74:10; 78:6; 113:21; 123:9;
168:21; 180:13; 181:12,17 media 80:23; 83:13; 98:23; 127:2 medical 41:2; 107:16; 108:7; 144:16; 147:12; 150:12; 166:9; 179:9 medically-ori ented 40:23 medio 98:11 Mees 159:8 meet 5:22; 6:2,6; 181:6 meeting 16:5, 16,17; 115:7, 18,22; 132:13; 139:20; 180:1,4,8,14, 22 meetings 16:20
Page 17
meets 123:3 member 41:2;
150:12 members 126:21 memo 50:10,23;
56:20; 57:11; 65:19; 89:18; 95:1; 109:3; 140:2 memoranda 76:2 memorandum 9:21; 10:4; 46:5; 56:14; 57:4; 61:9, 13; 62:2,7; 63:4; 65:8; 70:16; 71:6; 72 ; "7 21 75 11,22';
76:3,5,20,21; 78:17; 79:2; 81:10; 89:15; 90:15; 95:20; 96:14; 97:20; 98:2; 99:14; 100:1; 101:5, 7; 111:21; 113:8; 115:17; 124:17,19; 127:14; 129:22; 136:8; 137:2 memory 190:15 mention 23:1; 48:14; 63:19 mentioned 8:17; 122:17; 135:13; 198:18 mentions 116:4; 138:2 met 5:13,21; 7:7; 82:11 me thod 52:21; 118:10; 140:4 methodology 120:20; '
131:12; 134:1; 139:3, 14 methods 138:3, 8; 139:2 Mexico 62:20 Michigan 29:21 microscopy 174:1 mid 104:12;
HARTOLDMONO017721
PAPAII.TXT
105:1,17 middle 42:16;
48:12; 85:3; 125:12; 136:9 Mieure 135:7, 8; 98:18 Mieure's 135:1 might 19:6; 25:22; 50:22; 53:17; 69:11; 109:5; 158:17; 183:12 migration 10:12; 11:5; 13:14; 14:11; 15:1 Mike 5:23 milder 133:17 mile 123:10 milk 24:17,21, 23; 25:10,15; 26:12,18; 27:2,3,11,20, 22; 57:21; 58:8,12; 60:21 Miller 75:22; 76:13; 82:4 milligrams 165:19 million 24:19; 25:1; 26:19; 27:12; 28:5, 8; 29:10; 53:13; 110:1, 11; 152:14, 19; 157:21; '160:20; 162:10; 171:17; 174:11 mind 20:11; 21:2; 78:14; 80:20 minds 101:4 minimize 64:10; 94:9, 20; 100:4 minimum 91:14 Minister 24:22; 27:9 minute 7:16 mischaracterization 49:23; 50 :14
misidentified 198:22
misread 45:20 missing 170:22 MISSIONARY
1:2.5; 38:10 Missouri 1:19;
4:7; 5:1 Mister 43:7 Mitsubishi
24:4,7 mixture 133:12 modified
37:22; 199:5 molecular
130:8 molecule
130:9,10,12, 13
moment 8:19; 85:11; 121:4; 153:13; 160:14
money 91:18 monitor 120:8,
14
monitoring 121:1,5; 150:14; 160:10
MONS 29:23; 44:20; 76:6; 124:20; 130:3; 137:5; 140:23; 141:4; 143:5, 20
MONSANTO 1:6.5; 10:9; 13:12,16,20; 14:8,21;
18:11,15,17, 23; 22:7,15; 24:4,7;
26:17,23; 27:6; 30:19, 21; 31:2,8, 19; 32:13; 33:20; 34:1; 35:3; 38:4; 43:23; 44:16; 45:6,10,14; 47:21; 48:17, 21; 49:6; 50:10; 51:1, 3,5; 52:13, 16; 53:1,7, 10,13; 54:3, 16; 57:6,8, 19,23; 59:21;
60:6; 63:11; 64:1,6,9,13, 17,22; 66:6; 71:7,9; 75:12; 77:6; 78:5,15; 79:11; 80:4;
81:1,7,14,18; 82:2,5; 83:15; 84:14; 85:5; 86:3; 87:8; 88:7; 90:5; 94:6,9, 19; 95:12; 98:11,13,18, 19,21; 100:10,15,20; 101:13,17,20; 102:5,14; 104:6,13,23; 105:17; 106:4; 107:7, 14; 108:11, 15,22; 109:4,
8,14,23; 110:20; 116:8; 117:5; 118:5; 120:14; 121:10; 122:12; 123:21; 125:22; 126:2,15,23; 128:19; 129:11; 132:9,22; 134:12; 137:16; 138:8; 139:1, 23; 140:3,8, 11; 141:19; 142:14,22; 144:3,13; 145:12; 146:5,11; 147:8; 149:13,15,20; 152:21; 153:5,8; 154:13,16,19; 155:13,14,16; 156:15; 161:5; 162:6; 164:16; 166:4,12,22; 169:1,9; 170:16;
Page 18
171:20; 172:6; 173:19; 174:2,16; 176:1,6; 177:12; 178:12; 179:8; 181:9, 23; 182:6,12; 183:18; 184:18; 185:3,9,16; 186:5,13,19; 187:7; 188:20; 189:6,23; 190:8; 191:3, 6,11; 193:6, 13; 194:21; 195:1,3,6,13; 196:22; 197:5 Monsanto's 5:14; 6:10; 7:7; 8:22; 12:20,22; 13:2; 14:16; 18:10; 37:13; 38:11,17; 41:2; 47:7; 49:11,20; 58:1; 85:6, 14; 86:12; 100:5; 120:2; 126:8; 132:16; 133:14; 134:5,10; 139:9,19; 142:3,4; 143:12; 147:19; 150:12; 182:10; 193:7; 194:8; 199:19 month 90:20; 92:17; 9 3;3, 11; 95:17 monthly : 14 17,18~- 90:5 months 7 1: 14.; 77:1 MOORE 2:11 Morano 189:11 morning 5:9 mothers' 24:17; 27:3,, 20,22
HARTOLDMONO017722
PAPAII.TXT
motor 44:6 move 94:3;
114:13; 124:11 moved 24:15; 25:6 Moving 166:15 MS. 29:17; 30:18; 31:18 much 21:11,16; 71:11; 176:17; 197:17 MULLISS 2:11 multi-year 179:15 Municipal 83:2 muriatic 128:17,23 must 100:10, 14; 102:13 myself 48:21; 175 :4
N
N-i-c-h-i-c-o-n 28:3
nagging 180:2 name 46:20;
55:16; 67:2; 69:5; 123:7; 145:20; 153:11,13,22; 190:20; 191:9 named 146:6 names 68:19; 108:16 naphthalene 135:2 National 11:20; 178:6 natural 113:16; 123:1 naturally 52:20; 94:8 nature 144:18; 147:18,20; 161:21 near 57:13; 64:6; 120:4, 9,15; 121:2, 10; 128:13; 134:14; 155:18 necessarily 18:13; 36:23; 110:7
necessary 4:16; 33:22; 34:3
need 22:15; 52:9; 78:8;
81:21; 91:22; 138:2; 139:1 needed 140:3 needs 92:12
negative 100:5 neighborhood
44:5 neither 99:10 Netherlands
132:14
network 99:19 neutralization
53:2
neutralize 133:11
neutralizing 121:16
NEV 111:23 never 78:14;
81:20; 106:22; 140:15; 146:3; 184:21; 188:2,3,21; 189:9; 190:1; 192:6; 193:4 Nevertheless 147 : 5 new 2:5; 91:19,20,23; 92:8,9; 98:12; 116:22; 153:12,18; 155:2,7; 156:23 news 80:23; 83:13 newspaper 83:14; 189:4
newspapers 187:12
next 34:6; 49:14; 50:5; 56:9; 71:16; 74:3,5,14; 77:23; 90:17; 92:23
Nichicon 28:2, 3
ninety-day 69:22; 70:2
no-effect
158:9,10,18, 23 nods 175:22 non-contaminated 34:13 non-detectable 139:11 non-industrial 57:16 noncarcinogenic 174:19; 176:19 nor 201:15 normal 13:23; 96:7 North 2:9,12 Northbrook 145:9 notarial 201:18 Notary 4:6; 201:23 note 54:23; 84:13; 162:16 noted 70:4; 154:8; 158:13 nothing 22:14; 27:5; 73:21; 88:16; 114:21; 129:16; 197:14; 199:23; 201:4 notice 4:22 November 139:21; 166:21 number 1:4.5; 15:15; 23:6, 15,17; 29:23; 30:2; 39:13, 16; 44:20,21; 56:19,23; 61:14,18; 65:15; 76:6, 8; 77:16,18; 79:3; 81:9; 84:3,5; 89:23; 98:4; 100:2; 103:8, 10; 109:19; 111:18,23; 112:10; 115:1,9; 117:20,22; 119:12,21; 124:20,22;
Page 19
127:19; 130:2,4; 137:5,7; 141:6; 148:13; 149:10; 155:23; 156:5; 166:23; 170:20; 181:5 numbers 59:8; 119:19; 140:22 numeral 155:22,23
0
oath 190:7 object 19:2;
20:17; 26:13; 28:10,16; 36:20; 37:16; 3813 .1Q 41:22; 46:17; 49:21; 50:13; 53:20; 54:5; 55:20; 56:5; 60:18,22; 63:17; 72:1; 73:6,19; 74:11,19; 75:3; 78:11; 91:6; 92:4, 19; 94:14; 96:4; 101:1; 104:9,16; 105:4; 106:5, 10; 110:3; 111:2; 114:2; 120:18; 131:17; 132:3; 154:17; 159:20; 160:4; 172:9; 176:7; 180:16; 181:13,19; 182:20; 183:4; 184:11; 187:20; 190:10; 191:13; 192:13; 195:14,21; 196:12
HARTOLDMONO017723
PAPAII.TXT
objection 78:9 objections
4:16,19 obj ective
64:12 observation
49:2; 86:13 observations
85:6,15 observe 194:15 observed
TI .11 .
128:15; 129:14; 160:18; 163:15; 164:5; 178:13 obtained 183:15 obviously 84:15; 105:14; 175:13 occur 36:19 occurring 55:19 occurs 55:12; 56:4 October 9:21; 14:20; 130:1; 138:20 offered 3:2, 15.5; 4:21; 9:17; 13:3; 16:3; 194:11 office 41:5; 95:8; 99:4 Officer 31:2 offices 6:3 official 98:17 offshore 62:13 oft-er> 85:19 oils 44:6; 142:10 okay 6:2,8,13, 19; 7:2; 8:10,14,20; 9:7; 10:7; 11:17,21; 12:20; 13:12; 15:3,19; 16:15; 17:20, 23; 18:7; 20:12; 21:20; 22:17; 23:4, 21; 24:12; 25:12; 26:17, 23; 27:23;
29: ll; 30 8, 13, 21; 31 :5, 16; 32 3 ;
33 : 9; 35: 1, 11; 36 16 / 38: 16; 39 :2; 40 : 11,17; 41: 7,17;
42 : 16,23;
43 : 12; 44 :8; 45 : 10,19; 46: 4,15,2 2; 47: 15; 48 :8, 12, 22; 49 : 14; 50 : 5; 51: 12; 52 : 6; 53: 7; 54 : 22; 56 : 8; 57: 4,11; 58 : 15,22;
59: 21; 60 :6; 61: 2; 62: 6; 63 : 11,20; 64 : 1,5 65:4., 19; 66 6 ; 67: 4,19;
69: 16; 70 : 16 ; 71: 16; 72 : 2 0 ; 74 : 3,23;
75 : 6,15,18;
76: 12,21; 77 : 5,9 23 / 78 : 22 ; 79 :8, 18; 80 1, 4,7, 21; 81 9, 23; 83 : 9; 85: 1,4, 12, 19; 86 : 21; 87: 2,10; 89: 2; 92: 14; 94 : 3,19; 95 : 7; 98: 8, 20; 99 2, 20, 23; 102:5 ,12, 20, 22;
103 : 14 104 : 2 ; 108 : 10 112 : 17 114 : 13
115 : 16
116 : 23 117 : 18
119 : 2,6 ; 120 : 2,2 3 ; 122 : 16 123 : 2 0 124 : 11 125 = 9; 126 : 13
127:10,23; 128:8; 129:3, 11,18; 132:9, 20; 133:3; 134:7,2 2; 135:16; 136:6,22; 137:11,15,22; 138:2,23; . 139:5; 140:2, 12; 141:15; 142:3; 143.9; 144:2,9; 145:4,11; 147:8; 148:10,18; 149:10; 150:11,16; 151:3,6,10, 14; 153:15, 20; 157:1,4, 14; 159:4,12, 17; 160:8;
161:9; 162:5; 164:7; 165:1, 15; 166:11, 18; 167:19, 21; 168:1; 171:3,6,15; 172:5,20; 173:5,17; 174:8,15; 175:8,13,17; 177:11,17; 178:20; 179:1,6,10, 13,21; 181:1; 182:6,10,17; 184:3; 185:6; 187:5; 188:22; 189:10; 191:18; 192:21; 193:5; 194:12; 195:6; 196:22; 197:3,5 once 85:20; 87:17; 88:15; 120:20; 163:8 one 9:2; 16:19; 24:18; 26:7; 28:5; 36:8; 37:10; 39:22; 42:21; 47:17; 62:23;
Page 20
70:19,20; 77:9; 79:2; 88:4,5,18; 96:21; 100:8; 109:8,16,19; 112:2,15; 113:7; 117 ,19; 125:10,21; 126:20; 130:16; xaiu;ro> i 148:13; 149:10; 150:22; 151:5; 152:13,18; 155:3,21; 160:15,19; 162:9; 164:13,21; 176:13,19; 178:9; 181:3; 183:19; 186:17; 191:10; 192:17; 193:10; 194:10,12; 197:18 one-page 65:8; 84:2; 89:15; 129:21 ones 32:18 only 21:18; 22:15; 28:18; 37:4; 38:23; 48:21; 66:20; 88:22; 114:1, 5; 118:1,10; 139:12;
n A A . A. .
141:11; 163:2; 164:20; 175:18; 176:20; 18 5 :4; 194:12; 195:11,16 operating 31:2; 106:18; 121:16 opinion 19:22;
20:8,12;
35:18; 38:18; 96:10;
101:11;
HARTOLDMONO017724
PAPAII.TXT
178:19,20; 183:3,8; 192:19,20 opinions 101:6,9 oral 167:1; 173:21 order 117:7 organic 50:18; 95:12 organisms 11:8 organization 11:21; 12:12 original 84:16; 151:1 Osaka 24:17; 25:15,23 other 3:15; 7:2; 8:20; 9:3; 18:15; 38:1; 43:13, 16; 48:6,15; 50:6; 51:19; 56:19; 57:15; 58:23; 61:12; 68:16; 70:20; 71:7; 82:7; 117:19; 128:16; 132:17; 1 b b : b ; 160:9; 175:11; 183:19; 184:4; 189:16,17; 192:18; 196:22; ... 197:15 others 54:1; 58:1; 105:2; 106:4,7; 137:20; 145:22; 187:9 Otherwise 18:5 Otis 145:18 Otis's 156:6 ought 129:8 ourselves
113:19,23; 114:11 out 50:17; 88:22; 92:10; 94:17; 99:3; 133:22; 135:12;
146:22,23; 147:3; 152:1; 181:10;
182:8,13; 199:2 outfalls 113:18 outside 45:10, 14; 47:15; 121:15,23; 122:11; 123:16,17; 124:4 over 31:5; 90:22; 93:5; 126:11; 162:11; 172:20 overexposure 43:3 own 16:13; 101:9; 138:3, 8; 139:2 oxygen 130:13, 16; 133:19 oxygens 130:15
--
P
--
p-a-r-a-t-h-i-o-n 83:4
p.m 111:13; 200:4
Packard 125:15 page 2:14,
19.5; 8:13, 14; 24:12; 26:2; 28:1; 33:9; 39:20, 21; 42:16; . 58:20; 96:22; 99:23; 109:3, 19; 112:4,15; 114:20; 115:14; 116:1;
117:18,21,22; 125:5,9,13, 14; 128:8; 141:12;
143:5,7,19; 163:11,13; 164:21; 165:15; 168:1,9; 170:23; 173:4; 181:1 pages 112:14; 173:2 paid 195:7 PAPAGEORGE
1:10,13; 2:19.5; 4:4; 5:3,9,13; 9:9; 10:3; 15:6,9; 18:8; 23:14; 29:14, 16; 39:5,7, 20; 44:12,19; 56:11,15,17; 61:7,11; 65:7; 75:20; 76:1; 84:1,4; 89:14,17; 97:16; 98:3; 103:1; 111:18; 114:17; 119:11,14; 124:14; 126:2; 127:13,15,23; 129:23; 134:20; 137:1; 198:1 paper 80:17; 142 : 7 paragraph 10:7,8; 11:2, 4; 15:23; 24:13; 26:2; 27:23; 32:3; 33:10; 35:17; 37:3; 42:17, 22; 48:13; 70:18; 72:21; 74:3,6,14; 77:16,23; 79:1; 81:9; 90:17; 93:1; 102:12; 109:7,12; 113:13; 128:9; 134:23; 135:11,13,20; 150:16; 151:6; 158:16; 160:16; 168:2 parathion 83:4,18 parenthesis 90:21; 93:4; 156:10 parenthetical 50:17; 51:22 part 99:7,18; 101:2;
Page 21
102:19 125:7,13; 128:22 ' 129:2,14; 141:21 152:12 159:22 162:21 163:8; 173:1, 5; 182 : 10 ; 188:16 partial 35:2 particular 12:9; 31:14; 109:18 114:9; 132:21 particularly 116:13 ,18; 166:14 parties 4:3; 45:11; 201:14 parts 24:19; 25:1; 26:19; 27:12; 28:5, 7; 29:!3; 59:13; 152:14 18; 157:20 160:19 162:10 171:16 174:11 past 46 : 12 ; 76:22,23; 100:17 149:7; 157:12; 165:8; 179:19 pathologist 145:19 ,21 pathologists 180:10 pathology 178:5; 181:8 Paton 99:9 pay 144 22 PCB 16:2,7; 17:8,9 21: 9 21; 22 19,22; 24 ; 17 ; 2 5:2; 26:11; 34:20; 36:4,16; 37:13; 3 8:5; 55:7; 62:7; 63:2; 64:2, 18,23; 77:7; 90:6,12,13; 91:3,9,12,13;
HARTOLDMONO017725
PAPAII.TXT
92: 3,6 ,16;
93 : 9,20;
94: 7,10,12,
20; 96 :2; 97: 20; 98:21,
22; 99 =7,15,
20; 100:12,
19, 22; 101 : 15 i 102 :2, 7; 103 : 6, 15; 104 :7;
106 : 14 107 :3; 110 : 14 ,15,21;
115 : 4 ; 117:5; 121 : 9 , 18; 130 : 9 ; 131:5; 13 7 : 2 0
141 : 23 / 144 :4, 8; 146 : 11
155 : 16
157 : 15
160 : 6, 17; 161 : 13 / 162 :1; 164 :4; 169 : 13 / 175 :8; 185:4,
7,10,12;
186 : 12 i 189 : 2 2 / 190 :3; 191:1,
10, 16; 192:3; 193 : 5; 195:5; 197 :5; 199:11 PCBs 10 : 13 ; 13 : 1,10,14,
21; 14 : ii ; 15 : 1; 16:8; 18 : 4,8 ,12,15, 18, 20; 19:1, 8,18; 20:13; 22 : 8; 25:14; 26 : 5,9 ,20; 27: 1,13,19, 22; 28 : 5,8 , 13; 29 :4; 31: 9,21,22; 32 : 14, 22; 36 : 11; 38:10; 44: 2; 47:13; 50 : 11; 53:9, 11, 14; 54:4, 18; 57 : 6,8 ; 58 : 10; 59:5, 12; 60 : 4,8 ; 62 : 23; 63:14,
21; 64 ,14;
66: 8,14;
72 : 22; 73 : 14 , 22; 74 :8;
82 : l; 85: 7, 16; 86 :4, 9,
17, 23; 87 : 13 ,
14, 22; 88 : 7,
14; 92 : 8; 99: 17, 19;
104 : 13 ,23 / 105 : 18 ,20 / 109 :5, 21; 116 : 11 / 118 :6, 17;
120 :4, 11, 16; 121 : 14 ,19 / 122 : 12 / 124 = 7; 128:1,
3; 130 : 20 ,22;
131 = 7, 11; 132 : 10 ,16 ,17;
133 : 9, 13;
138 : 10 / 139 : 9, 19;
142 : 4 ;
143 : 12 / 146 : 22 ,23 / 147 : 3 ; 152:5, 22; 154:5 ,9,
14, 20;
155 : 11 t 156 : 17 / 159 : 18 / 160 : 3 ; 162 : 2 0 / 163 : 23 / . 164 :2;
166 : 13 / 171 :9;
177 : 2 0 $ 180 :l; 181:6; 183 : 19 } 184 : 5 , 10, 18; 187 :6;
195 : 13 i 197 : 12
PECK 2 : 7.5 / 21. 5; 5:23;
7:16; 9:15; 15 : 12; 16 : 2 3 ; 17 : 4; 19: 2; 20: 17; 23 7; 26: 13; 28 : 10 ,
16; 36 : 20 1 37: 16; 38 : 13 , 19; 41 : 22 / 46 : 17; 49 : 21;
o
1--1
50:13; 53:20; 54:5; 55:20; 56:5; 60:18, 22; 61:21; 63:17; 72:1; 73:6,19; 74:11,19; 75:3; 78:10; 89:7,10; 91:6; 92:4, 19; 93:6; 94:14; 96:4, 16; 97:17; 101:1; 104:9, 16; 105:4; 106:5,10,18, 22; 110:3; 111:2,10; 112:2,13; 114:2; 120:18; 124:6; 131:17; 132:3; 154:17; 155:13; 159:20; 160:4; 166:16; 167:3,14; 169:15,17;
170:4,21; 172:9;
173:10,13; 176:7;
180 :16; 181:13,19; 182:20; 183:4; 184:11; 187:20; 190:10;
191:13; 192:13; 193:15,21; 194:2; 195:14,21; 196:12; 197:18,23; 199:12 Pensacola 62:8,14; 64:7,11 pentas 87:17 people 10:2; 23:13; 49:3; 99:6; 108:2; 113:7; 133:1;
Page 22
139:23; 140:1; 147:13,19 per 24:19; 25:1; 26:19; 27:12; 28:5, 7; 29:9; 59:13; 152:14,15,18; 157:20; 160:20; 162:10; 165:19; 171:17; 174:11 perceive 100:15; 102:14
ived * 69:11; 99:18;
101:18; 118:22 percent 151:11,15; 152:2,7; 165:17; 191:19; 192:8 perhaps 74:16; 75:2; 89:21; 97:3; 112:3 period 19:23; 20:1,4; 37:18,21; 40:2; 63:9; 69:19; 70:2; 71:12; 82:15; 100:4; 122:17; 126:11; 139:6,10; 177:16; 179:15; 187:4 periods 108:17 permanent 39:23; 40:2; 41:10,19,20; 42 : 4,10,11,15 permit 81:15, 19,22 person 31:4, ' 10; 42:3,9; 99:16; 106:8; 146:6; 166:9; 184:16 personal 39:9; 49:2; 56:21 personally 38:22; 46:19;
HARTOLDMONO017726
PAPAll.TXT
52:3; 72:10, 12; 82:11; 106:1; 122:3; 146:2; 156:21; 186:7 personnel 68:20; 87:9 phaseout 94:12 phasing 94:17 phenanthrene 135:4 Phenoclor 143:22,23 phenomena 161:20 Phil 146:8 Philip 146:6 picked 151:18 piece 21:13; 110:11,14,15; 116:22 pieces 155:3,5 Pierre 98:9 pinpoint 48:7 pit 51:7; 121:17 place 55:8; 68:22; 84:11; 96:8; 107:5, 11; 190:22 Plaintiffs 1:4,17; 2:2.5 Plaintiffs' 3:2; 15:15; 23:17; 30:2; 39:16; 44:21; -r/- v_> . , u-ij.:-iido ; 65:15; 76:8; 84:5; 89:7, 10,23; 96:20; 98:4; 103:10; 112:10; 115:9; 119:21; 124:22; 127:19; 130:4; 137:7; 141:6; 198:2 Planning 29:21 plans 126:2 plant 18:10, 15,18,19,21, 22; 38:17; 49:3,11,20; 64:7,11;
77:12,20; 80:10,14; 82:17; 83:2;
91:21; 94:13; 111:22; 113:6,18; 120:15; 121:2; 122:1, 6,15; 123:2, 5,9,17,22; 124:4; 128:10,13,16;
134:11,15; 135:20; 138:18; 142:10,23; 143:2,8 plants 25:23 plated 147:3 plating 146:22 please 15:14 podium 140:1
point 21:19; 24:18,20; 25:1; 26:19; 27:12; 43:21; 48:10; 49:1; 70:1; 73:21; 85:12; 88:9, 10,11,13,17; 121:22; 123:21; 126:12; 131:9; 135:12; 138:14; 164:1;
174:16; 179:7; 186:18 pollution 44:15; 51:1; 82:4; 90:6, 12,13; 91:4,
9,12,13; 92:3,7,16; 93:10,17,21; 94:7,11,21; 96:2; 103:6, 15; 104:7; 106:15; 115:5; 141:23
polychlorinat ed 32:5; 35:19; 41:9, 18; 198:13
popular 127:2 population
148:6 Posefsky 15:10 position
78:15,19
positions 78:5 possibility
137:12; 182:5 possible 26:5;
40:5; 182:17 possibly
36:13; 71:22 posted 167:5 potential
28:20; 42:18; 109:4,8,16, 22; 110:23; 121:14; 138:5; 140:6, 9; 165:2 Potter 99:10 poultry 32:21; 145:9 pound 21:9,11, 12 ppm 157:20 practice 50:3 practices 100:18 preceding 43:4 preparation 9:4 prepared 84:10; 103:15; 106:8; 107:6, 13; 159:8; 181:8; 182:12 preparing 6:10; 107:20; 175:4 presence 28:19; 46:20; 47:13; 63:21; 1.05:20; 113:15; 135:2; 139:9; 144:8; 201:6 present 10:17; 14:7; 90:23; 92:15; 93:5; 132:10,13; 134:14;
138:5,9; 190:16 presentation 107:6,10,12, 20,23; 108:11 presenters 108 : 9 president 98:17; 108:14,22
Page 23
presidents 108:15
press 83:15, 19; 189:15,18
pressure 100:14; -LU^ : 2 , y
presume 91:16 pretty 34:11;
176:17 prevented 36:4 preventing
36:4 previous 11:1,
3; 138:17; 158:19; 159:1 previously 9:8; 51:18; 148:12; 150:8; 157:5, 19; 166:19; 172:17; 174:5; 198:3 primarily 98:23 primates 197:6,8 principal 98 :17 Principally 100:10 principles 100:3 prior 4:21; 82:6; 107:5; 158:1 private xz/:a privilege 7:21 probable 184:10 probably 17:11,18,23; 18:2; 114:22 problem 17:6; 34:7; 35:12, 14; 104:14, 22; 105:3,19. 22; 110:23; 115:5; 127:17; 141:23; 144:4 problems 104:7; 146:20 procedure 133:14; 160:11 procedures 48:4
HARTOLDMONO017727
PAPAII.TXT
process 49:17; 96:9; 144:20; 162:2
processed 173:22
prodding 160:11
Prodelec 143:22
produce 78:3 produced
82:16; 97:6, 8; 131:11; 151:10,14; 152:6; 153:23 producers 133:8 producing 47:7,23; 110:21 product 12:16; 198:10 production 20:16; 94:4; 113:18; 116:12 productive 152:4 products 41:14;
110:10,22;
137:20; 142:5,15; 143:13,16,17; 163:15 Professional 1:15; 201:22.5 profit 110:2 program 122:4, 7; 127:18; 135:21; 136:1,3,11, 16; 138:19 programs 92:1; 136 : 9 progress 13:15; 140:21; 159:7 proper 19:6, 11; 20:6,15; 34:14; 37:4, 21,22 properly 37:6, 14,19 proposal 149:11 proposed
13:10; 95:15,
23; 96:1; 148:2;
177:13; 193:11 protect 78:16, 20; 113:19, 23; 114:10 protection 29:6; 78:4 proved 153:16 public 4:6; 79:22; 80:8; 83:10,12;
100:13; 102:2,9; 107:16; 125:23; 127:1,7; 201:23 public's 79:5, 13 publications 79:4,12; 199:1 publish 126:3, 15; 192:22; 193:2 published 177:19; 193:8; 194:9 pump 92:9,11 purpose 13:8; 16:17; 47:5; 67:21; 69:8, 18; 99:20; 141:21
purposes 15:4; 29:7; 61:5; 75:19; 83:23; 89:5,13; 97:15; 103:3; 111:15; 114:16; 119:10; 124:13; 127:12; 129:19; 136:23; 140:19; 170:13
pursuant 1:19 put 16:22;
31:22; 34:14; 35:9; 97:7; 107:17;
150:5; 163:9; 199:2
puts 11:4
Q
qualified 183:1; 192:17; 196:14
quantities 81:16; 86:18; 109:20
quarter 136:9 Queeny 143:7 question 16:1;
17 : 7,17;
19: 3; 20: 18; 21: 20; 22 : 18 ; 26: 14; 28 : 11, 17, 22; 36 : 21 ; 37: 17; 38 : 1, 14, 20; 39 : 22 ; 40 : 18; 41 :7, 23; 42 : 23 / 46 : 18 ; 49 : 2 2 ; 50: 14, 21; 53 : 21; 54 : 6 ; 55 : 21; 56 :6; 57: 10; 60 :19, 23; 63 : 18 / 72 : 2; 73 : 7, 20; 74 : 12 ,20; 75: 4; 78 : 12; 88: 3; 91: 7; 92 : 5,20; 93 : 6; 94: 15; 96: 5; 104 : 10 , 17; 105:10; 106 : 6, 11; 110 : 4 ; 111:3; 114 3 ; 117 : 19 / 120 : 19 / 125 : 11 ,12 t 131 :7, 18; 132 : 4, 15, 20; 133 : 4; 154 : 18 ! 156 : 10 / 159 : 21 ,23 / 160 :5; 17 0:5, 8; 172 : 10 / 176 8 ; 180 : 17 / 181 : 14 ,20 1 182 : 21 / 183 :5, 14; 184 : 12 / 187 : 21 i
Page 24
190:11; 191:14; 192:14,16; 195:15,22; 196:13; 197:19; 199:13 questionable 25:16 questioned 89:1 questioning 105:8 questions 4:17,18; 9:13; 11:5; 17:8,20; 40:7,13,22; 41:1; 141:16; 169:22; 180:3; 189:22 quick 111:11; 125:10;
141 -15;
188:13 quite 31:23;
196:4 quotes 28:4
R
Raab 15:10 radio 83:13 rags 34:23 rainfall
120:10,16; 121:6 rainfalls 121:3 raised 166:12 rapidly 11:11 rat 32:17; 67:18; 145:8; 146:12; 184:17,19; 192:2 rate 6:13,18; 13:20 rather 45:3; 61:9; 100:14; 102:13 rats 68:11; 70:14; 156:8; 159:19; 160:3; 165:4; 167:2; 169:15,17; 173 : 22;
HARTOLDMONO017728
PAPAII.TXT
178:1;
23; 31:7,9,
188:19;
17; 46:5,7,9,
197:13
11; 47:12,13;
raw 190:3
48:2; 62:17;
reach 33:21;
66:11,16;
34:3; 136:15;
67:12; 68:8,
169:9;
22; 69:13;
183:18,21
71:12; 79:8,
reached 27:10;
14,15; 80:13,
152:21;
18,21; 85:10;
154:13; 172:6
88:6; 93:14;
reaching ^ . --fic- oO /. / .. -li li ;
95:14,19,20, 21; 103:20;
19; 80:9
108:2;
read 14:12;
113:10,11;
17:4; 23:20,
114:7;
22; 30:7;
115:22;
37:10; 45:4;
12 0:23 ;
51:18; 65:18;
121:5;
84:8; 90:4;
122:13,14,18,
115:14;
20,21,23;
118:11;
123:12,23;
120:1; 123:7;
124:1; 129:4;
130:7;
136:20;
137:10;
137:18;
143:4; 152:8;
153:13;
157:9;
154:5;
164:11;
156:21;
171:2,3;
160:13;
173:16;
161:1,4,7,9;
179:5;
162:5,18,23;
187:12,13,23
165:6; 166:3,
reader 169:6
11; 167:23;
reading 4:10;
168:23;
17:14; 25:9;
169:4,5;
46:8,11;
171:19,23;
101:9; 105:12
172:1; 175:5,
realistic 11:7 . . 13; 180:7;
really 7:14,
190:17
23; 28:23;
recalled 129:4
30:20; 48:6;
receive 99:11,
50:4; 101:3;
13; 103:23
118:22
received
163: 21;
23:13; 25:13;
168:8; 169:5;
83:1; 84:14;
196:19
101:5; 107:2;
reason 19:4;
113:8; 126:7;
26:22; 54:19;
159:12;
68:18; 86:16;
179:10
121:12; 176:20;
receives 49:15 receiving
177:1; 188:17
16:12; 23:23;
reasons 18:4
46:5,7;
recall 8:7,13,
49:19; 86:14;
14,16,19;
103:20;
13:15; 16:17;
113:10;
23:23; 24:4;
148:23
27:21; 30:16, recent 46:12;
76:22,23; 149:7,8; 157:12; 165:8; 179:18 recently-hatc hed 62:22 receptacles 34:14 recipient 76:1; 89:18 recipients 44:18; 56:19; 61:12; 98:1; 99:7 recognition 51:2
recognize 15:19; 23:21; 30:13
recollection 59:16,17; 66:9; 80:16; 84:19; 93:8; 163:2
recommendation 80:5,22; 81:6,11
recommendations 78:22
recommended 79:3,10; 142:6
reconfirmation 69:10
record 5:11, 12; 9:19; 16:23; 96:15; 111:16; 119:8; 128:14; 156:2,4; 178:23; 188:15
recourse 37:5 recover 43:22 reduce 64:14 reduced 201:6 refer 16:15;
20:3; 33:14; 43:10; 86:21; 136:1 reference 77:14; 90:16; 143:21;
156:21; 176:22; 198:7 references 122:14
Page 25
referred 8:9;
13:7; 26:1;
31:5,11;
46:15; 47:17;
51:22; 63:4,
8; 67:15;
69:20; 71:5;
72:7; 78:16,
23; 90:14;
91:2; 92:6;
98:18,22;
102:16;
112:23;
150:20;
152:3;
161:15; 180:4
referring
25:8; 27:21;
34:16; 36:3;
41:21; 42:2;
43:9,14;
45:19; 47:1;
50:18; 56:3;
62:11; 66:1,
4; 73:15;
74:17,21;
75:1; 78:1;
83:17; 86:23;
87:4,14;
91:16; 94:1;
99:14;
104:21;
108:12;
109:7;
118:16;
126:6; 127:7;
138:23;
143:2,18;
151:13;
152:12;
180:19
refers 19:23;
rr . r-
a ** ^
f
45:17; 62:2,
7; 91:12;
157:14
refined 134:2
reflect 74:1;
95:1
reflected
33:2; 58:18;
107:15;
143:11;
158:15
reflection
59 :11
reflects 18:3;
50:10,23;
HARTOLDMONO017729
PAPAII.TXT
53:3; 57:11; 63:20; 104:5; 109:3;
110:2 0;
115:18; 143:12; 171:12 refresh 84:19; 93:8 refused 177:11; 189:21 regarding 10:13; 14:10, 23; 16:7; 27:1; 65:12; 66:8; 82:3; 83:16; 85:7; 87:21; 99:19; 115:4; 144:8; 146:11; 156:20; 157:3; 161:10; 172:7; 193:14; 195:13 regardless 50:21 Regional 1:21 Registered 1:15; 201:22.5 regulation 27:21 regulatory 27:17; 29:2,7 related 5:20; 19:5; 25:18; 107:18 relating 4:14; 107:9 relations 39:10; 98:11; 99:1; 107:16 relatively 147:2 release 83:15, 16,19 released 26:10; 71:18, 22; 72:8,11 releases 38:5 reliability 117:14 reliable 147:6; 154:1; 195:20;
196:11
relocated
36:23 relocation
37:2
remain 180:3
remainder 115:15
remains 34:9; 35:13
remember 7:10; 8:17; 15:21; 29: 9; 6 0:5; 67: 2; 68:18; 69: 5,15,22; 72 : 14; 83:7, 19; 90 :11; 91: 8; 95:18; 96: 6,11; 99: 3; 121:7; 123 : 10 ,20; 124 : 9; 145 : 2 3 / 148 : 2 3 / 149 : 2 ; 151:5 153 : 11 ,21; 154 : 12 / 158 :3; 174 : 22
178 : 21 186 : 21 193 : 10 198 : 2 3 remind 193:16 reminds 45:16 renal 165:20, 21
repairing 92:11
repairs 92:13 repeat 149:16;
150:20;
196:23 repeated
66:22; 75:13; 117:3,7,13 repeating 75:8; 149:12 replace 153:18 replaced 110:9 replied 126:2 report 71:13; 97:20; 99:14; 123:19; 140:22; 141:17; 159:7,15; 160:1;
164:23; 165:15; 166:5,22; 167:6; 169:5; 170:14,15,16; 173:17;
174:19; 193:9,11; 194:10; 196:5,6 reported 32:14; 59:14 Reporter 1:14, 15; 201:22, 22.5 Reporter's 2:16 Reporting 1:21 reports 13:16; 48:14; 65:21; 71:9; 109:19; 123:7,13; 136:21; 141:17; 145:1; 148:8; 158:4; 159:3; 164:16; 165:1; 168:20; 177:13; 190:8; 197:14; iyy:i represent 12:8 representative 24:3; 31:8; 137:19 representativ es 180:21 represented 33:7; 132:23 representing 108:6 represents 11:23; 12:3, 4; 14:13 reproduced 154 : 7 reproducibi1ity 116:6; 117:6 reproduction 170:17 reproductive 22:1,9 reputation 100:17 request 79:23; 173:18; 174:6
Page 26
requesting 12:18; 144:23
requests 182:9 required
10:16; 14:6; 33:19; 38:4; 81:14 research 87-,8; 107:16; 170:15 researchers 62:18; 132:15 residents 44:1; 49:6; 53:8,13,18; 54:17; 60:7 residual 161:23; 162:7 residue 162:8 residues 160:17 resistant 87:19 respective 4:3 respond 16:10; 38:1 responding 16:2,6 response 40:19 responses 40:6; 41:4 responsible 26:6; 100:16; 102:15; 184:17; 185:1; 186:18 rest 167:5 result 28:4,9, 15,22; 32:15, 23; 37:1; 42:7; 43:20; 68:4; 133:18; 147:5; 152:23; 154:15,23; 161:2,4; 164:5; 169:11;
172:8; 196:20
resulted 82:13; 83:18; 152:2; 158:23; 169:7
results 57:12; 64:17,22; 69:13; 73:3, 11,18,23; 74:21,23;
HARTOLDMONO017730
PAPAII.TXT
75:10; 86:13; 87:3; 116:16; 117:8,10,11, 14; 120:23; 136:16; 147:6; 149:18,23; 151:21; 154:3; 157:23; 159:17; 160:2,10,13, 15; 161:11; 164:22; 166:4; 169:1; 171:20; 176:16; 177:19; 183:15; 191:23 192:11,12 ; 195:19 retainer 6:15 returned 195:1 returning 186:5; 194:20 revealed 79:22; 168:4 revealing 85:5 review 7:6,9, 11; 8:22; 148:7; 151:3; 164:15; 165:8; 177:16; 178:17; 193:7; .. 194:11; 199:18 reviewed 6:19; 7:2,14; 8:21; 9:3; 15:18; 57:3; 113:11; 127:22; 149:3,5; 167:19,22; 179:18; 194:8 reviewing 177:6 Richter 145:20,21 rights 54:13 risk 26:11; 110:21 Ritz 1:17 Robert 133:2 Robin 87:8 role 185:11
Roman. 155:22, 23
Roush 179:6,7, 23
RPR 4:6 rules 4:13;
68:3 run 69:19;
129:7 runs 123:2
S
sacrifice 160:20
safe 27:3,19 Salers 1:13;
4:5; 201:21.5 sales 24:3 same 4:12;
25:11; 63:7; 68:20; 70:3; 74:9; 91:3; 167:10,15; 189:4 sample 58:14; 121:21; 158:18 samples 28:2, 14; 57:12,18, 19,23; 58:6, 16,22; 59:5, 19; 60:8,11; 105:21; 122:5,18,19; 123:8,20; 124:3; 126:7, 9; 131:2; 180:10 sampling 121:9,13,23; 122:1,10,14; 123:13; 124:7,9 Santowax 135:5,14; 198:6,9,12, 17,20; 199:9 satisfactory 180:2,15 Savage 89:21; 95:3,4,5,7, 19,21; 130:1 save 112:1; 125:4 saw 139:18; 143:19; 146:3; 149:8;
175:5;
184:21; 189:18 sawdust 34:21; 35:8 saying 97:2;
123 : 14 says 11 :4;
14: 4; 22: 4; 28: 1; 42: 18; 48: 13; 49 : 14 ; 50 : 5; 55: 2,5; 70 : 17; 71 : 16 ; 75 : 7; 77: 16; 81: 11; 84 :13; 86 : 7; 90: 18, 21; 100:9 / 102 : 12 113 : 13 116 : 10 117 : 23 118 :8,12 ;
125 : 14 19 / 134 : 23 135 : 20 152 : 13 156 :1,5; 160 : 17
163 : 13 165 : 17 170 : 15 179 :22 181:5 scanned 10 : 6; 39: 19; 45 : 3 ; 76: 11; 98 : 7 ;
112:16;
115:15; 125:8; 141:14; 148:17; 150:10; 159:11 scenario 82:22 schedule 151:7 scientific 181:7 SCM 61:14,15; 115:1 Scott 87:6; 135 : 9 scrap 118:17 seal 201:18 second 24:12; 26:2; 32:3; 33:9; 48:12; 67:9; 70:17; 77:15;
117:19;
Page 27
130:13; 141:3; 150:6; 151:1; 155:22; 156:3; 158:16,22; 163:11; 164:10; 168:1; 173:1, 5 Secondly 74:6 section 104:22; 143:21 sections 173:20,23; 174:3 secure 81:14, 18,21
57:20; 58:7, 11; 59:18; 60:11; 122:19 See 10:17,20; 11: 15; 12 : 14; 30: 11; 35 : 23; 37: 7; 38:22; 55: 2; 58:2 0; 63 : 19; 71: 17; 79: 6,7 97 :2; 109 : 13 128 : 11 136 : 21 14 3 : 21 149 : 13 158 4 ; 159 : 2 ; 172 : 23 174 : 13 ' 177 :1; 182 :5; 192 : 5 ; 193 : 22 196 :2; 198 :4, 7. seeing 123:12; 144:21; 165:6 seeking 177:3 seems 107:8; 126:17; 138:23 qpen 30:9 76:21; '
104:19; 157:10; 175:6 segregate 34:12; 35:4 segregated 35 : 7 segregating
HARTOLDMONO017731
PAPAII.TXT
34:7; 35:12 selected 152:1 senior 119:15 sensationally
24:15; 25:6 sense 141:2;
150:2; 176:10 sensitive
33:7; 79:21 sent 41:5;
58:1; 104:3; 164:16 sentence 10 :: 21; 25:: 11 34::6,H; 35::16; 37:; 10 49 : 14 ; 50::5; 51::19; 71:: 16 74 ::5,18; 75 ::6; 104:: 21 114:10; 158:15; 163:12; 168:9; 179:21 separate 63:1 separately 97:9 September 46:2; 124:16 series 69:20; 70 : 5 serious 43:4, 9,14; 44:2 seriously 68:2 serve 13:3 serves 190:15 service 1:21; .. 34:iy; 44:4; 92 :12 sessions 145:6 set 1:19; 29:3; 201:17 sets 117:15 seven 24:18; 25:1; 26:19; 27:12; 143:5; 170:12 seventy 3:11.5; 127:13,20; 191:19; 192:8 Seventy-one 3:12; 129:21; 130:5; 134:20; 198:3 Seventy-three 3:13; 140:21; 141:7
Seventy-two 3:12.5; 137:1,8
several 16:19; 44:17; 61:11;
98:1; 108:15; 145:5,13; 168:4;
194:18; 198:21 sewer 142:22 sewered 49:16; 113:17 shall 4:16 share 64:17, 22; 71:15; 79:16; 126:23 shared 14:1; 71:6,9; 126:18,19,20; 127:5 sharing 72:16 Shorthand 1:14; 201:22 shortly 72:13; 136 : 7 Show 9:7;
151:20; 159:4; 198:1 showed 24:17; 73:4; 142:3; 197:11 showing 28:4; 173 :10 shown 18:22; 21:23; 121:20 shrimp 21:10; 33:6; 36:7; 62:3,9,11,19, 22; 63:12,15, 21; 64:3,18, 23 Shut 131:1 shutdown 131:15 sick 132:8 side 150:5 signature 4:10; 112:8; 152:10; 165:16; 170:22 signatures 165:16 signed 55:13; 190 : 7
significance 156:6; 166:9
similar 177:3 similarly
101:23 since 5:14;
36:10; 38:22; 40:23; 46:8; 101:2
sincerely 88:13,20
single 162:2 Sir 7:8; 8:15;
14: 12; 17: 22;
19: 14; 20: 2, 19; 22:4,12; 25: 9; 26:8 t 15; 27:5; 28 : 18; 29: 8; 30: 5; 33:15; 37: 9,18;
38 : 3,12,18 / 43 : 1; 45:2 ,6; 50 : 16,21;
51: 5,12,17 / 52 : 12; 53: 23; 62 : 10; 63: 16; 64 : 4,16; 72 : 10; 73: 17; 78 : 15; 79: 14; 82 : 18; 88: 9; 93: 9,12,18 t 99: 22; 102 : 18 ; 104 :11; 107 :2; 108 4; 130 : 21; 132 : 6 ; 134 : 19 ; 135 : 11; 177 : 17 ;
190 : 2,6 ; 196 : 9 Sit 122:9; 188:4
Site 142:11,12 sites 57:14,
16; 142:16,17 situation
55:11; 78:3;
79:5,13; 81:2; 82:1, 12; 181:9; 182:7,13 Six 10:8; 21:20; 71:14; 117:18,21,22; 166:20; 167:3 Sixty 3:6.5; 65:8,16
Page 28
Sixty-eight 3:10.5; 119:12,22
Sixty-five 3:9; 103:2,11
Sixty-four 3:8.5; 97:17, 18; 98:5
Sixty-nine 3:11; 124:15, 23
Sixty-one 3:7; 75:21; 76:9
Sixty-seven 3:10; 90:22; 93:4; 114:18; 115:10
Sixty-six 3:9.5; 111:19; 112:11
Sixty-three 3:8; 89:8,11, 14; 90:1; 96:21; 97:16
Sixty-two 3:7.5; 84:1,6
skew 192:11 Skip 172:20 slides 178:17 slightly
174:10,18; 176 : 3 slowly 48:11 SMITH 2:11; 146:7,8; 190:6,16; 191:8 Snow 48:16,19, 23; 49:8,14, 18; 50:7,8, 11; 51:3,11, 21,23; 52:15; 53:6,9,15; 54:4,18; 58:16,23; 59:6; 60:9; 77:12,21; 80:11; 81:27; 123:4,6,8,11, 14,15; 128:13; 129:5 so-called 93:16 sodium 133:9 soil 21:13; 28:1,13,14, 19,20; 29:4;
HARTOLDMONO017732
PAPAII.TXT
121:15; 122:11;
126:3,5,7,9, 16; 127:1 soiled 35:7 Sold 86:17 solid 33:14 soluble 163:7 Solutia 6:3 solution 128:2 solved 34:9; 35:14 somebody 85:10; 132:8 somehow 25:18 something 8:1; 31:3; 68:3; 119:4;
123:11; 129:9; 138:16; 145:20; 165:23; 197:15 Sometime 157:11 somewhere 52:19; 175:20; 187:14 soon 10:9 sorry 15:6; 17:5; 37:9; 42:20; 43:23; 56:16; 89:9; 99:12; 114:4; 127:18; .. 148:21; 149:4; 162:7; 172:12; 181:2; 196:17 sought 193:12 source 18:14, 17; 26:7; 135:22; 136:18; 138:19 sources 26:5; 48:6; 121:14; 126:14; 135:22; 136:18; 138:20 South 29:20 speaking 5:18 speaks 104:18 species 22:2; 33:7; 74:8
specific 12:6;
17:19; 18:1, 3; 21:2;
31:4,10; 48:2,7; 59:8; 80:12; 107:8; 121:7;
122:10,13; 136:13; 161:7; 168:22; 186:22 specifically 8:10; 74:23; 87:15; 96:6, 11; 118:15; 121:5; 122:23; 174:17
specifics 25:20; 69:15; 87:10
specimen 59:22 speculated
133:17 speculation
53:22; 72:3; 78:13; 110:5; 111:4; 180:18 speculative 133:20 speed 160:11 spell 109:2 spent 6:9; 94:10 spill 34:22
spills 125:20 spoke 108:7 sponsorship
13:5 spotted 198:19 Springgate
108:5 sprinkled
34:22 Squires 178:4,
13 St. 1:18; 4:7;
5:1; 6:4; 115:6; 139:7; 143:10 Staff 39:8; 81:3 stain 173:23 stake 109:9,16 stand 10:10, 22; 11:12 standard
12:10; 20:15 standards
11:20; 12:2, 15; 13:9; 16:21; 181:7 start 55:9 started 18:6; 48:9; 50:4; 122:4,7; 187:9 starting 126:12; 187:3 state 1:1; 5:1; 16:1; 32:4; 33:10; 34:6; 35:17; 64:19; 65:1; 70:20; 81:1; 116:23; 160:22 stated 118:16; 178:10 statement 14:12; 17:13; 19:15,21; 20:5,23; 101:22; 190:18 statements 79:4,11;
80:8; 176:18; 177:2,4 states 10:9; 17:9; 22:18; 24:13; 39:22; 41:8,17; 65:20; 72:21; 74:3,6,14; 77:22; 78:1; 100:1; 104:11,12 ; 105:14; 128:12; 133:15; 151:6; , 158:17; 168:2,9; 174:9 stating 95:22 station 44:4 status 65:12, 23; 71:9,13; 116:1; 145:1 stay 21:15 stays 163:9 steel 35:9 stenographic 1:12
Page 29
stenography 201:7
Step 11:2; 162 :2
Steps 64:9 Still 8:10;
34:8; 35:13; 102:19; 133:12; 137:20; 161:16; 162:3; 180:22 STIPULATED 4:2,9,15,22 stipulations 1:19; 2:15; 106:19 STR 103:8 stream 51:6; 55:7 Street 1:21.5; 2:9 strong 133:11 studied 67:17; 150:3156:12,18 studies 13:16, 18,19; 21:23; 22:7; 26:18; 27:1; 32:13, 17,19,20,22; 33:3; 45:7, 12,15; 47:5, 11,16; 62:3, 11; 63:2,6,7, 12; 65:14,23; 66:2,4,8,22; 67:1,4,10,12, 14,16,21; 68:10,14,23; 69:8,14,16, 18; 70:7,8; 73:4; 74:22; 87:11; 88:12, 22; 116:2,6, 10; 117:1,2, 6; 126:4,5, 16; 127:1; 145:2,8,10; 146:7,10,12, 14,15; 147:9, 21; 148:1; 149:12,16,19; 150:17,19,20; 151:7: 153:15,16,19, 21; 154:4,11, 15; 155:1,9,
HARTOLDMONO017733
PAPAII.TXT
10,20;
156:20; 159:18; 176:5,12,17; 180:11,12; 181:6; 182:19; 184:17;
, ;185:2,5,7,8,
10 12 186:12,21; 187:19; 188:9,19; 189:22; 190:4; 191:10,16,21;
192:1,2,3,23; 193:3,5,6; 194:9; 195:2, 5,11,12,16, 19; 197:1,6, 10 s tudy 22:16; 27:7; 45:17; 73:1; 81:2; 87:6,7; 97:21; 98:21, 22; 99:8,15, 21; 100:20; 129:17; 133:23; 141:18,21; 142:3; 144:2, 22; 151:22; 152:3,23; 153:2; 155:6; 157:14,18; 158:1,5,22; 159:1; 160:3, 9,13; 161:11; 162:12; 164:22; lbb:l; 169:2, 11; 170:17; 171:6,13,21; 172 8 ; 173:21; 174:4; 177:20; 184:19; 191:22; 192:9,10,11; 198:21 subchronic 69 : 20 subject 9:22; 57:4; 137:3; 175:7; 182:1;
183:3 subjects
107:9; 196:16 submitted
177:14; 193:6 subsequent
87:20,22; 153:3 substitute 110:9 succeed 138:13 successful 131:13; 146:16,17 sufficient 10:15; 14:5, 17,21,23 suggest 51:5; 85:3; 136:8; 138:14 summaries 85:14; 87:21 summary 84:4, 10,21; 85:4, 21; 88:1; 103:6,14,16, 21; 104:3,5; 106:9,14; 110:19; 143:11; 160:17; 167:5; 170:14; 173:8,9; 174:8; 181:2, 3 Supervisor 39:9 .. supplied 77:17; 137:21 supply 148:2 support 12:19 supposed 16:9; 91:10; 105:11; 136:2 surface 120:4 surfaces 146:23 surmise 112:3 surprise 156:22 surprised 156:9,16 survive 151:21 survived 154:6 survives 70:1 susceptible 197:12
suspect 112:13 suspicion
88:12 Suttkus 47:19,
20 Sweden 88:22 Swedish 48:9 switched 97:12 switching
97:10 sworn 5:4;
201:3 symptom 43:3 system 82:23;
161:18; 163:3; 165:23
T
T-3 168:3 talked 7:14;
36:8; 71:21; 167:9 talks 138:17; 140:2 tape 188:13 tapes 97:10 TCC 188:19 team 99:1,2 technical 81:4; 183:11 technology 118:20,23 temperature 22:21; 33:12 temperatures 33:19,22; 34:3 ten 90:19; 93:2; 95:16; 143:20; 152:13,18; 160:19; 162:9; 171:16; 179:17; 190:23 ten-page 114:22 teratogenic 165:3,10 term 129:5; 161:20 terminology 93:13,14; 123:5; 168:21,22; 178:22
Page 30
terms 11:7; 36:12 ; 144:20,23; 183:16
terphenyl 199:10
terphenyls 135:15
test 32:15; 67:20; 69:23; 70:2; 73:12, 23; 116:5; 147:6; 148:5; 158:11; 161:12; 163:9; 172:15; 183:12
tested 134:9; 148:3; 160:7
testified 5:5; 190:7,17; 191:5,8
testify 170:2, 9; 182:22; 183:6
testifying 169:18
testimony 6:21; 7:3,13; 8:12; 9:1; 190:14; 201:5,11
testing 134:13; 144:12; 146:19; 150:15; 151:18; 155:17; 187:6
tests 69:19; 70:5,11; 117:6,13,15; 145:11; 146:20; 153:4,7
tetra 87:1.6 Texas 170:27 thems elv -.-.a
32 :13 thereabouts
120:22 thereby 3 5;2 0 there
54:19; 79:22, 81:21; 164:2 thereto 4:21 thin-she 3. led
HARTOLDMONO017734
PAPAII.TXT
11 6 ?i
thing 164:12, 13; 181:4
things 44:7; 79:2; 100:7; 147:23
thinking 56:7; 102:10; 184:15
third 45:21; 79:1; 136:9; 150:16; 160:16; 176:19
Thirteen 179:3 thirty 165:19 thirty-three
92:17; 93:11 though 84:20;
157:11 thoughts
101:4; 107:17 thousand 28:5,
7; 90:20; 93:3; 95:17 three 42:21; 77:16,18; 79:3; 131:14; 132:23; 133:1; 151:9; IRfirft; 157:6; 176:12; 181:3 three-page 23:9; 61:13; 97:19 threshold 29:3 throughout .. 19:7; 139:10 time-wise 84:12 Timing 104:23 tissue 143:14 tissues 154:6; 160:7,18; 161:14; 162:1,4,8; 163 : 5 title 31:1; 62:10; 95:10; 137:17,18; 173 : 4 today 5:10; 9:5; 93:13, 22; 122:9; 150:4; 154:12 ; 169:19; 180:1;
184:15; 186:22; 188:4 together 16:22; 107:17 Tokyo 127:16 took 21:12; 68:22; 107:5, 11; 122:5; 165:22; 199:19 top 84:13; 107:21; 108:1; 143:7 topic 8:16; 95:20; 161:6, 10
topics 77:9 TORRES 2:4 towards
125:13; 132:21 toxic 42:18; 131:16; 132:2; 154:21,22; 199:8 toxicity 65:23; 66:2, 7,14; 67:15; 71:21; 72:6, 23; 73:5,10; 116:5; 117:5; 128:9; 144:11;
146:11,18;
149:12,16,19; 150:14,17; 151:7; 152:22; 153:4,7; 154:14; 155:6,11,17, 20; 156:7,11, 17,20; 157:15; 159:18; 160:2; 166:13; 167:1; 169:10; 170:17; 172:7;
173:21; 177:20; 182:19; 187:6; 188:19; 195:12; 197:1
toxicological 65:13; 90:15,
19; 91:2; 93:2,16,19, 23; 95:16; 96:2 toxicologist 144:15; 196:18 toxicologist's 174:6 toxicology 178:21; 181:7 trademark 41:13 transcribed 201:8 transcript 7:11; 201:10 transcription 201:9 transcripts 6:20; 7:3,12; 8:11,23 transmittal 173:4 transpired 177:15 transport 34:15 transported 35:21; 36:17 treat 34:20 treated 53:12 Treatment 83:2 tri 87:16 trial 4:20; 189:21;
190:16,19; 191:5 tried 62:18; 179:15 trips 145:5 true 148:22; 157:13; 179:20; 185:21; 192:7; 201:9 truth 201:4 try 38:5; 119:3; 149:17,21 trying 21:8; 32:1; 42:3; 132:11; 153:11; 193:9 Tucker 61:10; 87:7; 135:9;
Page 31
tumor 178:5 tumorigenic
174:10,18; 176:3,23 tumors 176:23; 177:23 tuned 147:22 turkey 143:14 turn 125:9 turned 146:23; 152:1 Twelve 165:17 two 6:20; 7:1, 12; 8:12; 9:1,2; 24:20; 42:21; 58:20; 70:20; 107:19; 109:3,19; 115:14; 116:1; 125:5, 9,21; 128:8; 130:15; 143:16; 150:9; 151:8; 152:9; 155:23; 156:5; 162:12; 173:3 4 174:13;*
176:18; 180:20,21; 181:3; 190:7 two-page 76:5; 173:6 two-year 159:18; 160:2; 166:23; 173:21 two-year-plus 70 : 8 tying 94:17 type 11:21; 20:20; 31:17; 40:1,23; 67:12; 79:20; 96:7; 122:18; 124:10; 131:22; 148:8; 169:13; 182:16; 196:5,7 types 57:18; 67:17; 70:12;
HARTOLDMONO017735
PAPAII.TXT
73:14; 82:10; 87:13; 91:20; 122:1; 146:10 typewritten 105:15 typical 67:18; 142:4; 143:12 typically 67:14
U
U.S. 70:19,23;
139:17
ultimate 128:2
unaware 175:10
unclear 131:6;
170:4
under 13:4;
22:20; 39:20,
22; 42:14;
46:9; 49:3;
69:4; 81:2,
10; 106:18;
117:20;
132:6; 135:9;
136:12;
158:7;
160:16; 190:7
underground
120:5
Underline
85:23
understand
18:7; 31:23;
43:19; 57:10;
105:10;
110:18;
163:20;
170:7; 186:6;
197:7
unders tandable
10:11; 11:13
unders tanding
14:13; 25:12;
55:22; 56:2;
93:18;
105:16;
-i-
-r-/
-i
X
.
-i
-L
KrJ
t
163:17;
166:1; 168:6;
175:17,23;
176:9,11;
177:5;
181:15,16,21;
184:23 ;
185:11,14,23;
186:3; 196:19
understood 14:18; 42:5; 133:8; 146:2; 176:16
undertake 22:7; 26:17, 23; 38:4
undertaken 141:19
undertook 64:2 underway
136:10; 176:12 undesirable 53:4 unfortunate 28:4,8,15 unfortunately 141: 9 uniformity 177:4
unit 121:16, 18; 131:1,15
United 133:15'' University
132:13 unless 6:17 unnamed 129:6 unreactive
163:10 unrecoverable
118:17 until 118:23;
146:4
up 10:10,22; 11:12; 21:6; 29:6; 32:1; 51:11; 73:21; 82:21; 119:3; 121:20; 126:12; 139:11; 153:12,17; 160:11; 161:21; 162:4,11; 176:21; 184:14; 186:4; 189:9
upper 107:7; 108:11
upset 55:12, 19; 56:4
upstream 25:23 USDA 143:14 USFDA 70:20 using 161:19 usual 106:19
Utrecht 132:14
V
v-a-c-u-o-l-a-r 168:5
vacuolar 168:4 valid 176:10 value 109:20;
110:8 variable 20:7,
9 variations
74:7 various 10:1;
23:12; 130:17 venture 24:6,9 versions 71:8 versus 1:5;
20:20 via 40:21 viability
129:9 vice 98:16;
108:15 VIDEOGRAPHER
97:12; 188:12 videographic
1:11 view 14:20 viewed 100:11,
21; 101:13; 102 : 6 viewpoint 183 : 9 views 156:6 Viland 119:15 violation 20:14 visit 76:12, 16; 194:15 visited 194:19 visual 154:7 visualize 122:15 vivid 80:16
W
Wait 7:16 waived 4:11,23 Wales 87:8;
133:15 walls 147:4 Walnut 1:21.5 wanted 43:5;
102:5; 193:1 Warren 99:3
Page 32
Washington 99:4
waste 33:12, 14; 34:8,16; 35:4,13,19; 36:4,16; 49:15,19; 50:19; 51:8; 53 :i2
wastes 121:17; 128:16
water 21:10; 22:23; 25:19; 26:10; 35:20; 36:5,17; 49:15,19; 51:6,8; 52:18; 53:5, 12; 54:9; 57:19; 58:6, 11; 59:18; 60:8; 76:14; 82:23; 120:5, 9,15; 121:1; 122:11,19; 128:14,21; 129:13; 155:18
waters 113:16; 147:1
watershed 45:8; 46:16; 47:1,3,9; 48:1; 77:11, 19; 80:10
watersheds 81:13
waterway 52:22 waterways
57:13,15 way 17:14;
40:12; 41:12; 42:4,6; 50:3; 53:5,23; 59:14; 97:6; 107:9; 109:1; 146:22; 150:23; 152:6; x 6 3 : e ; 183:19; 192:5,17 Wealey 99:3 week 7:1 weeks 9:2; 46:13; 77:3; 151:9; 198:21 weighing 110:21
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weight 43:13
weights 43:11
welcome 169:23
Welfare 24:22;
27: 9
Westinghouse
39:10; 40:9;
41:13,15;
84:14; 119:16
whatever
12:17; 50:22;
62:20; 91:21;
92:1; 101:17
Wheeler 40:16,
17; 41:1,4,
21; 43:6,8;
65:9,20;
70:17; 71:20;
72:4; 74:10,
17; 75:7;
108:7; 133:2;
147:12;
148:16;
150:13;
156:14;
158:16;
193:11,12;
194:3
Wheeler's
150:21
WHEREOF 201:17
whether 12:15;
22 : 8; 26:18;
27 : 11; 47 : 6, 22 ; 84 : 2 0 ;
85 : 7,16;
93 : 19; 95 : 14; 101 : 12
105 : 13 /17 ;
121 : 14 128 : 2 0 * 22 ;
129 : 12
131 : 2 3
134 : 13
14 0 : 4 ; 148 : 1 > 4; 158 : 22 ;
166 : 11
183 : 19
184 :3, 9; 186 :4; 194 : 7
white 2 :8;
32 : 17; 67 : 18; 70 : 14;
62 : 8; 68 : 11;
116 : 12 t
170 : 18 / 171 :8, 10;
172 : 3
whole 100:6; 121:20; 164:12; 201:10
whom 126:19; 139:22,23
Widmark 105:2 wild 36:14 wildlife 22:2 Wilkins 97:22;
98:9,10 will 10:22;
11:12; 12:13; 35:22; 62:1; 74:15; 77:14; 81:14; 89:7, 10; 90:19; 93:2; 99:19; 112:1; 113:16; 117:3; 133:21; 134:4; 143:21; 151:8; 157:2; 162:16 WILLIAM 1:10, 12; 2:19.5; 4:4; 5:3 willing 94:6 withdraw
100:12,22;
101:14;
102:1,7
Withdrawn 74:4 within 6:14,
17; 7:20; 13:19; 16:13; 46:12; 98:18 Without 25:2; 26:20; 27:13; 151:19 witness 2:19.5; 4:11; 73:9; 110:6; 111:5; 131:19; 132:5; 169:21; 175:22; 182:22; 183:6; 184:13; 190:12; 192:15; 193:20,22; 196:13; 201:1,11,17
witness' 190:13
witnesses 201:7
women 25:15; 26:8
Wood 124:18; 137:2,15
Wood's 137:23 word 17:18;
18:2,6; 19:5; 42:4; 51:14, 17; 52:4; 72:12; 86:5, 7,11; 178:18 words 10:19; 24:8; 80:12; 118:11; 174:18; 175:11 work 38:3,7; 48:9; 57:8; 66:2,12,19, 21; 105:2; 131:11; 135:1; 158:19; 185:16; 186:5,9,11, 15; 192:23; 193:2; 194:20; 195:1; 197:7 worked 145:11; 147:14; 186:23; 187:2 workers' 34:23 working 12:13; 106:13; 135:9; 137:19; 139:8; 150:13 workplace 12:16 world 140:14 world-wide 104:14; 105:3,18,21; 109:6,9,17; 110:22 worried 109:4 Wright 44:14; 51:1; 76:13; 82:5; 112:21, 22; 146:1; 184:16; 185:1,16,23; 186:4,7,20;
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187:11; 188:7,17; 189:7,11,21; 191:9,15; 194:19,23; 195 :4
Wright's
51:13; 52:14; 113:5; 185:11; 195:7 writing 15:21; 30:16,18; 201:6 written 40:8; 56:14,16; 89:19,20; 95:2,3; 114:9 wrote 19:12, 16,18; 30:10, 22; 32:11; 84:20; 112:19; 113:22
Y
Y-o-u-n-g-e-r 66:18
yardstick 131:21
year 37:20; 110:1; 129:7; 139:12; 162:12; 174:22
years 128:15; 131:14; 167:23; 174:13,23; 175:2,20; 177:7; 179:16; 184:1; 190:23
yesterday 5:21; 6:9; 7:6; 8:21; 149:9; 151:4
York 2:5; 98:12
Younger 66:16, 17,18; 67:11, 23; 68:9,17, 19; 69:3
Z
zero 24:18,20;
25:1; 26:19;
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/ 1:8 201:21
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