Document 70R0mxG7ppKkaOnOodvyV6odo

I '1 : Agent Orange, there was an orange barrel that was -.10used in Vietnam to dispense certain matters. 3 |j Is 2,4-D a component part of Agent Orange? 4 'i MR. ORTEGO: A type of 2,4-D was a component 5 part of Agent Orange. However, the 2,4-D which was a 6 component part of Agent Orange is a different chemical 7 than the chemical that is in Tordon 101. 8 THE COURT: Are there two different types of 9 2,4-D? 10 MR. ORTEGO: There are many types of 2,4-D, and 11 very different types, distinctly different. 12 THE COURT: And this is a 2,4-D case? 13 i MR. ORTEGO: Yes, it is, Your Honor. And what I || 14 | would like to also let the Court know is that in the Agent ! 15 Orange litigation, on the stipulation of plaintiff's counsel, 16 all evidence regarding 2,4-D was dismissed voluntarily by 17 the plaintiffs in Agent Orange,.and 2,4,5-T and dioxin was 18 I the bad actor; and that it was a stipulation by plaintiff's 19 ! counsel, which Mr. Baldwin was, that 2,4-D was not in the 20 Agent Orange case because it wasn't the bad actor. i 21 1 ; But what I have to emphasize, Your Honor, ->i that the 2,4-D in the Tordon 101 is very different is 23 chemically and its effects than any formulation of 2,4-D 24 which went in the Agent Orange. It's ten years older, 25 I it's a different process, and it is a different chemical. 1204 D-iA'W - 11- I 2.4- D that is in Agent Orange is very different than the ) 2.4- D that's in the Tordon 101. 3 MR. BALDWIN, SR. : Your Honor, if I may say 4 there wi11 be an awful lot of li Lera tu re in this case, 5 medical literature, about 2,4-D. Incidentally it will 6 talk about 2,4,5-T. In fact, I don't know hardly a study 7 about 2,4-D that doesn't also involve 2,4,5-T, and j 8 incidentally it may mention Agent Orange. And certainly 9 the literature doesn't make the distinctions that Mr. 10 Ortego is making to the Court today. Now if there is such I 11 f a distinction, then of course I think that would go to the j I2 weight. And certainly it is not my intention to get up here 13 and start hollering "Agent Orange" and waving a flag and ! 14 trying to get a verdict on Agent Orange when really this is 15 2,4-D. I understand my burden is to show that the 2,4-D 16 was the cause of this man's death, and I expect to discharge 17 that burden, but I don't feel like I should be hampered 18 by when a legitimate study comes in that refers to either 19 Agent Orange, or 2,4,5-T, or dioxin in some form, that I not ! 20 be able to show that in order for the Jury to get the 21 complete picture. MR. ORTEGO: If I can just add one thing, Your 23 Honor. The 2,4-D that's in the Tordon 101 was put on the 24 market in 1947, regulated by the EPA -- was studied all 25 those years. Agent Orange was on a limited time. The 2,4-D 120 D-ia-'X*' -12- which is in 1lie Tordon 101, is still manufactured and rofiu lat('d by the MPA -- totally different. As you know, there is no Agent Orange anymore, but the EPA and the government still allows the special 2,4-D that we make in the Tordon 101 to be manufactured. It pre-existed I Agent Orange; it survived Agent Orange; it's different. And there are thousands of studies on 2,4-D alone -- thousands of studies of 2,4-D alone. It has nothing to do with 2,4,5-T because it is a chemical that existed before 2,4,5-T`, it exists now, it's all over. You can go I 1 11 to your store and buy it. It's a totally different 12 chomi cal. And what I am concerned, Your Honor, is that his experts say it's the 2,4-D. One of his own experts, Dr. M Ii i s ii Hay, says he doesn't think there is any dioxin in 2,4-D. i6 That is the bad actor. And I think if we open the door 17 at this point for Agent Orange and 2,4,5-T, which is a ii IS ; chemical totally unrelated, my client will not be able to 19 get a fair trial. 20 I don't have to talk about the Vietnam War, but everyone knows Agent Orange and Vietnam go synonymously, 22 ! and the prejudice that will go to my client with regard to 23 :! that -- and there is no relevance, and if there is no 24 relevance whatsoever -- if there is a particular study 25 that you come up with that you think is so relevant, we 1206 -13can redact those portions that talk about Agent Orange. This chemical, Tordon 101, has nothing to do with Agent Orange chemically nor commercially. THE COURT: I am going to adhere to my prior ruling. Any other matters to be brought up at this time be lore we bring the Jury in? MR. 0RTEG0: One other matter, Your Honor. THE COURT: All right. MR. ORTEGO: And I will be quick. It's a matter, a little personal, with me. The Court ordered attorney's fees against me on a matter, and I think there was some miscommunication, and for my own reputation, with regard to this $750, I'd like to talk to the Court about that. THE COURT: Have you attorneys worked all the problems out that called for that sanction? MR. ORTEGO: Yes, Your Honor, we have. MR. BALDWIN, SR.: Yes, Your Honor. THE COURT: All right, I will go ahead and do away with that attorney's fees sanction. MR. ORTEGO: I appreciate that. Thank you, sir. THE COURT: All right. Yes, sir? MR. BALDWIN, SR.: Well, he was to give us the file of Dr. Newton. MR. ORTEGO: I have that. I will give that to you. That is not a problem. 1207 THE COURT: Wei 1, do you want it now? - 14- MR. BALDWIN, SR. : Yes, sir. MR. ORTEGO: 11 is being shipped. It should be in the hotel now. I can Ret it to you within ten minutes. If you want I can get that right now for you. I just did j: not bring it with me, but I have got it. It is an expert's i: i, deposition that was taken, Your Honor, and I had the file shipped to me here in Marshall. ,iii THE COURT: Have that to Mr. Baldwin before noon. i j MR. ORTEGO: I will do that now, sir. i THE COURT: A11 right. MR. ORTEGO: There is just one other matter. I think, Mr. Baldwin, you are going to play the tape, I j| ;j assume, of Mr. Greenhill? MR. BALDWIN, SR.: (Nodding affirmatively) MR. ORTEGO: Have you redacted it pursuant to the Court's Order? MR. BALDWIN, SR.: Yes, Your Honor, we have taken out the portion of the tape in accordance with the Court i Order eliminating the references to marijuana and eliminated the matters that you were objecting to. MR. ORTEGO: Okay, because there were just certain lines -- not many, so it shouldn't have hurt the tape, which the Court said had to come out. As long as those are out. I didn't want to interrupt when you played 1 1208 CM^J the tape -15- MR. BALDWIN, SR.: That has been done1, Your Honor THE COURT: All right. MR. BALDWIN, SR.: Thank you. THE COURT: Anything else before we bring the Jury in? MR. BALDWIN, SR.: On this motion, on this Order of the Court, I intended to go through documents with my expert, and just about every document I have got refers to 2,4,5-T as one of the family of the phenoxvs. I certainly wish the Court would relax his order to let us refer to those other chemical compounds. I would certainly be willing not to refer to Agent Orange in any form, or to Vietnam or to napalm, but -- THE COURT: Now let me ask you this, and I am not trying to cut anybody off from their legitimate proof -- MR. BALDWIN, SR.: I don't see how I can prove my case if I can't mention those. MR. ORTEGO: What I would be willing to do, I can come up -- THE COURT: Just a minute. MR. ORTEGO: I am sorry, Judge. THE COURT: I am not trying to cut anybody off from proving their case, but I can see very readily why if we interject Agent Orange in this case, when I understand 120.3 D~la32- -16I that it is not part of 2,4-D, that it is going to prejudice 2 the rights of this Defendant. I don't think there is ant- 3 quest ion about that. 4 MR. BALDWIN, SR.: First of all, I don't intend 5 to inject Agent Orange, as such. 6 THE COURT: Well, if you mention and start talking, 7 about Agent Orange, the mere mention of it, Mr. Baldwin, 8 is an inflammatory thing. 9 MR. BALDWIN, SR.: Well, can we show documents 10 that refer to 2,4,5-T? You see, one of our claims is that--; 11 there is this document that we fought over--that the 2,4,5-D; 12 process has impurities in the form of dioxins. Now, I am 13 not talking about Agent Orange now. I am talking about 14 another phase of the Court's ruling on those impurities. 15 Certainly we ought to be able to show that to the Jury. 16 THE COURT: Show the 2,4,5-T? 17 MR. BALDWIN, SR.: 2,4,5-D. 18 THE COURT: "D." 19 MR. ORTEGO: 2,4-D. 20 THE COURT: 2,4,5-T is the way it's mentioned. 21 MR. ORTEGO: It is a different chemical. 22 MR. BALDWIN, SR.: 2,4-D. 23 THE COURT: Is 2,4,5-D a dioxin that is a part of 24 2,4-D? 25 MR. BALDWIN, SR.: No, Your Honor. Let me back up. 1210 Q-CL33 -17It's 2,4-D is a chemical substance referred to as phenoxy acid, and there is 2,4,5-T which is another phenoxy acid. I don't say that that's what caused this man's problem, but in a lot of these documents -- I just don't see how -- the studies go together, they refer to 2,4,5-T, they refer to 2,4,5-D. There is literature that says that 2,4,5-D will do one thing, and 2,4,5-T may do something else. you know, that's what I want to show. I think, j ! Now there are dioxins that we say are chemical compounds that are inherent in the process of 2,4-D, and certainly -- you know the Jury may not believe us. They may come and run over us with a truck and prove we are wrong, but certainly if our expert claims that and thinks that, he ought to be able to tell it to the Jury and show the documentary evidence to support it. MR. ORTEGO: I guess I can -- if I can help out, Judge, I think 1 have a solution to the problem. MR. BALDWIN, SR.: I don't care about mentioning Agent Orange, as such. THE COURT: I am not going to allow you to mention Agent Orange, Vietnam, or napalm. MR. BALDWIN, SR.: All right. MR. ORTEGO: The only other thing, Judge, is that -- MR. BALDWIN, SR.: I think I can try my case with 12H CH33f 1 that. - 18- 2 MR. ORTEGO: No, I think I could find a compromise 3 that will work, and that's why I didn'r mean to interrupt. 4 There is no 2,4,5-T in Tordon 101. That was in Agent 5 Orange. That is the bad actor. I mean -- 6 MR. BALDWIN, SR.: 2,4-D was also in Agent Orange, j j 7 MR. ORTEGO: Okay. But what I am willing to do [ 8 l is I read your expert's deposition. I don't know your case 9 better than I do (sic). It's your expert's contention that , 1 10 there are contaminants in 2,4-D and there are xanthones, i ! II which are not dioxins. I did not put that in my Motion in j 12 Limine in fairness because I knew that would not be appro 13 priate at that point, because that is what they are going to | 14 rely on. If your expert talks about impurities, such as IS xanthones, that should be allowed. I have no problem, if 16 you can prove relevancy. But there is no evidence about 17 that. The impurities you should be able to talk about. 18 I have no problem with that, and I will gladly sit down 19 with the documents with you after court to work it out. | l 20 But dioxin has been associated, according to some papers, 21 with 2,4,5-T, not with 2,4-D, not with Tordon 101. It's 22 the xanthones that Dr. Teitelbaum wants to talk about, and 23 I think that's fair. And when we get to the impurities, 24 if the documents -- I will sit down with you, I will work 25 it out, but I don't think he should be talking about the 1 2 1 2 D-ia 3 5 - 19- I 2.4.5- T which has nothin}; to do with this case. It's real*l|v' *) guilt by association, the Agent Orange, napalm, or Vietnam. 3 But if you want to talk about 2,4-D, the chemical which we 4 have here, and the impurities that can be in 2,4-D, I don't 5 have a problem with that. I think that's fair. I 6 MR. BALDWIN, SR.: You know, the only way I am i 7 going to refer to 2,4,5-T is where it is incidentally 8 mentioned in a study I use. 9 MR. ORTEGO: But if it is not in the product, i , 10 what relevance does it have? i 1! THE COURT: Are you trying to prove that 2,4,5-T ! 12 had anything to do with the death of Mr. Peteet? 13 MR. BALDWIN, SR.: No, sir. 14 THE COURT: Well, why do you want to mention it? 15 MR. BALDWIN, SR.: Well, because they are so 16 intermixed in the documents that I have, I don't see how -- 17 I don't see how we could take every reference to 2,4-T out 18 of the documents, and if we did it wouldn't make any sense. 19 I think you can cure that with an instruction, Your Honor. 20 There is nothing inflammatory about the word ''2,4,5-T." 21 THE COURT: No, I understand that. But what I 22 am trying to get through my head is if 2,4,5 -- and I am 23 asking for information from both of you gentlemen -- if 24 2.4.5- T, which is the designation of all of this other 25 stuff here that's mentioned -- 1213 D-13.3k 1 MR. ORTEGO: Yes. - 20- T THE COURT: -- if 2,4,5-T has nothing to do with 3 this case with reference to the death of Mr. Peteet 4 why interject it, number one? Number two now, I direct this ' 5 to Mr. Ortego, I think you will admit that the mere mention 6 of 2,4,5-T has no i n f 1ammatory side effects? 7 MR. ORTEGO: It does a little, Judge, because 8 2.4.5-T was taken off the market by the Environmental 9 Protection Agency. j j j i 10 THE COURT: I understand, but there is not any- j 11 body on this jury who knows that -- j 12 MR. ORTEGO: Okay. 13 THE COURT: -- and who is going to attach, I don't 14 believe, any inflammatory belief to the mere mention of 15 2.4.5- T. 16 MR. ORTEGO: I agree with you, the mere mention 17 of the word 2,4,5-T, but I don't think Mr. Baldwin is going i 18 to stop there. What he is going to say is that there have 19 been studies with 2,4,5-T, there have been some dioxin, and 20 these are all the same. He is going to try to lump that 21 chemical -22 THE COURT: Well, he has already stated to the 23 Court that he is not trying to prove that 2,4,5-T had 24 anything to do with the death of Mr. Peteet. 25 MR. BALDWIN, SR.: That's right. 1214 p-ia37 -21 - I THE COURT: Now if it calls for an instruction to the Jury that they arc instructed that 2,-1,5-T will not 3 be considered in any way as having anything to do with the 4 death of Mr. Peteet, I think you are protected. I think the I 5 Defendant is protected. 6 MR. ORTEGO: I am not going to sit here and argue 7 on every point. I guess -- i 8 THE COURT: And from what Mr. Baldwin says, he is 9 not contending that that is a part of any causation on his ! 10 death, but it is merely a part of a formula or something } { 11 that you want to introduce? iI 12 MR. BALDWIN, SR.: Well, Your Honor, here is -- 13 THE COURT: Give me an example of how you wish 14 to use 2,4,5-T. 15 MR. BALDWIN, SR.: Here is a document that I 16 intend to offer into evidence, and I have literally maybe 17 40 or 50 medical articles that I want to offer into evidence. 18 And this one says: it is an evaluation of the carcinogenic i 19 risk of chemicals to humans; some fumigants, the Herbicides 20 2.4- D and 2,4,5-T, chlorinated dibenzodioxins and miscel 21 laneous industrial chemicals. Now that is referring to 22 2.4- D, 2,4,5-T; it refers to a lot of other chemicals, 23 anc! it states whether or not they think they are carcinogens.' 24 But that's one article that I want to offer. 25 Now, I don't see how I can take this study and use 1215 0-13.3? -22- it and have the jury make any sense out of it and not refer to anything in there but 2,4-D. Here is another example, one of the Hardell studies which is going to be important in this case. "Relation of soft-tissue sarcoma, malignant lymphoma and colon cancer to phenoxy acids." 2,4,5-T is a phenoxy acid, j jchlorophenols and other agents." And there it refers to -- i it may or may not refer to 2,4,5-T. I don't remember, but i i I am sure it probably does. But it explains it. j I am just saying that it would cripple me to where!i i my case wouldn't make any sense if I couldn't read these | documents in context. THE COURT: Well, you are still not contending that 2,4,5-T had anything to do with the death of Mr. Peteet? MR. BALDWIN, SR.: That is right, Your Honor. THE COURT: I am going to allow you to mention 2,4,5-T, with the understanding that the Court will, if it's used, instruct the Jury, by agreement of counsel here, that that has nothing to do with the death of Mr. Peteet. MR. ORTEGO: Okay, Your Honor. THE COURT: All right. MR. BALDWIN, SR.: And the only thing left is reference to dioxins, if we get into that. MR. ORTEGO: Well see, this is where it starts, 1216 I J u d g e . That's why I get frustrated. 1 THE COURT: Well now -- -23- 3 MR. ORTEGO: There is no dioxin in 2 -- 4 THE COURT: There are many dioxins. 1 5 MR. BALDWIN, SR.: That's right, there are many. 6 THE COURT: There are many dioxins, but you are I 7 only claiming and 2,4-D is one of them? i 8 MR. BALDWIN, SR.: No, 2,4-D is not a dioxin. 9 THE COURT: It is not a dioxin? 10 MR. BALDWIN, SR.: No, sir. ji 11 THE COURT: Well, I am getting educated along i 12 with how this jury is going to look at all of this business. 13 MR. ORTEGO: They are going to get confused, and I 14 that is why I am concerned if we start bringing in other ' IS chemicals -- 16 MR. BALDWIN, SR.: That is my job. 17 MR. ORTEGO: I know that's your job, and I don't 18 think that is fair. 19 THE COURT: I am going to allow 2,4,5-T to be used' 20 in the perspective that I just indicated, with the under 21 standing that the Court will instruct at the proper time 22 that 2,4,5-T will not be considered by the jury in any way 23 as causing any illness or death of Mr. Allen Peteet. 24 MR. BALDWIN, SR.: And let me -- may I make a 25 suggestion on dioxins? Let me go into it, and if the Court ; I 1217 qhsWo J feels I am going into it in an improper way -2 MR. ORTEGO: No. -24- 3 MR. BALDWIN, SR.: -- then instruct the jury and 4 tell me what I can and can't do. 5 THE COURT: Well, just don't get into it until you ! 6 approach the bench. j i 7 MR. BALDWIN, SR.: Allright. i 8 MR. ORTEGO: Ithink so,because I don't think, ! 9 Judge, if dioxins are mentioned, unless there is some 10 connection. n THE COURT: I am not going to try this case on i ' I \ 12 some theory that is not here. 13 MR. ORTEGO: That is what I am afraid of. 14 MR. BALDWIN, SR.: Well, I don't have any 15 intention of doing that, Judge. 16 MR. ORTEGO: So we will approach on dioxins. 17 THE COURT: I understand. But I am just not 18 going to get into the record anything that's not -- ; 19 MR. ORTEGO: Fine, that's fair, Your Honor. i 20 THE COURT: -- substantive to the trial of this 21 case. 22 MR. ORTEGO: Thank you, Your Honor. ! 23 THE COURT: Anything else before we -- 24 (Mr. Baldwin, Jr. standing) 25 THE COURT: All right, sir. D-!^/ -25MR. BALDWIN, .JR.: I know it 's by accident, but you keep referring to this ease as Detect anci it's Ms. Greenhi11. THE COURT: I understand, but it started out that way but it is Mrs. Greenhill now. MR. BALDWIN, JR.: Yes, sir. THE COURT: All right. MR. ORTEGO: Judge, I would like to invoke the Rule with regard to witnesses who are going to testify about sitting in the courtroom. MR. BALDWIN, SR.: Is Mr. Pierce going to participate in the trial or is he going to be a witness? MR. ORTEGO: Mr. Pierce is a lawyer. He is my partner, so he is not going to be a witness. He is with my law firm. MR. BALDWIN, SR.: I understand. I just didn't know if he was going to participate. lit' told the Jury Monday he was not. MR. ORTEGO: Oh, no, Dr. Pierce is not an expert witness, even though it would be economical, I guess. THE COURT: All right, do you want to invoke the Ru1e before we select the jury? MR. ORTEGO: Before we open, yes, please, Your Honor. THE COURT: All right. Those who are to testify 1219 i -26- ' 1 in this case that are not parties to this suit, please stand I and be sworn as a witness. 3 THE COURT: Well, evidently we have no one here. 4 If anyone comes in the courtroom, I just leave that 1 5 responsibility with the attorneys to advise the Court that | 6 a witness is in the courtroom. At that time we will invoke 7 the Rule. 8 MR. ORTEGO: Yes, Your Honor. j ! | 9 THE COURT: Bring the Jury in, please. I am going | I 10 to give each side fifteen minutes to voir dire the jury at 11 the proper time. ! | 12 MR. BALDWIN, SR.: You mean to make opening 13 statements? 14 THE COURT: Make the opening statements. I 15 (Jury in at 9:23 a.m.; open court, all parties present)! 16 THE COURT: The Court calls the case of Ann 17 Greenhill, et al, versus Dow Chemical Company. What says 18 the Plaintiff? 19 20 Honor. MR. BALDWIN, SR.: The Plaintiff is ready, Your i JI| 21 THE COURT: The Defendant? 22 MR. ORTEGO: The Defendant is ready, Your Honor. 23 THE COURT: All right. Ladies and gentlemen, 24 we have had some matters that we had to take up out of the 25 presence of the jury, so that is the reason for this slight 1220 D-u3 1 delay this morning. -27- 2 Ladies and gentlemen, let me take a few minutes 3 to discuss your role in this case, my role and the role 4 that will be played by the lawyers and participants. We I ! 5 start, when we don't have prior motions and things to take 6 care of, at nine o'clock. We will go until about ten or ii j 7 ten fifteen and take a ten to fifteen minute break, and ! j I i8 we will come back and go until noon, and then recess until 9 one thirty, come back and go until about two fifteen or two I i 10 thirty; we will take a break then, and then come back and i j 11 go until five o'clock. Now we are not going to go until 12 five today because the Court has a matter that he has got 13 to take up. We are going to adjourn today at four o'clock. 14 You and I share a similar role but one that has 15 some basic differences. We both will serve as judges of 16 this case -- you will judge the facts and I will judge the 17 law. It will be my responsibility to generally manage the i 18 trial, make any legal rulings that may be necessary during j 19 the course of the trial. I will rule on questions of 20 evidence, and then I will give you some instructions at ii ; 21 the conclusion of this trial. It will be my responsibility 22 to generally manage the trial, as I say, and make any 23 legal rulings that might be necessary. 24 Keep in mind that you are the sole and exclusive 25 judges of the facts of this case. You are to determine , !i 1221V -iW f -281 from the evidence admitted in this record what really 2 happened. Now there are some restrictions on the manner i3 in which you have to make that judgement. First, vou must 4 restrict your judgement to the evidence that is admitted 5 in the record of this case. What you have seen or heard 6 outside the courtroom or may see or hear outside the 7 courtroom during the course of trial is not evidence. 8 Now evidence will come to you basically in two 9 forms. First, direct and indirect evidence. Direct 10 evidence is usually an account of an occurrence by an ] ] eyewitness who might testify: "I was at a certain place 12 at a certain time and saw a certain thing happen." 13 Indirect evidence is many times referred to as 14 "circumstantial evidence." Circumstantial evidence, or I r i ! 15 indirect evidence, is proof of a chain of circumstances j 16 that noints either to the existence or non-existence of 17 a fact or facts in controversy. 18 For organizational purnoses, if there are exhibits 19 introduced into evidence, the Court will require that they 20 are numbered Plaintiff's Exhibit 1, 2, 3, 4 -- whatever; 21 Defendant's Exhibits 1, 2, 3, 4, 5. They may be of tangible 22 items, such as pieces of property, pieces of equipment, ! 23 medical reports, medical bills, or some sort of engineering | 24 report, or whatever. If they are received in evidence, i 25 then they will be available for you to examine during your 1222 d -iM -29- 1 deliberation nrocess. Now, I will probably restrict your 2 access to the exhibits during the course of the trial 3 because it is difficult for you to examine an exhibit 4 there in the jury box and listen to someone testify here 5 at the same time. Now it may be at some Doint in the case, 6 and I will say this to the attorneys, you may find it 7 necessary to have some bit of evidence given to the jury 8 to examine, so bring it to my attention and we can work 9 something out in that regard. 10 As you perform your role as a judge of the facts, 11 it is appropriate for you to consider any matter in evidence 12 that tends to indicate to you whether a particular witness 13 or a particular piece of evidence is credible and worthy of 14 your belief. You may and should consider a witness's manner 15 and demeanor on the stand, the witness's age, educational 16 experience, the witness's background, what ooportunity the 17 witness might have had to observe what he or she may be 18 testifying about. Consider whether the testimony of a 19 witness is supnorted or contradicted by other evidence in 20 this case. These are all factors that you can use in your 21 subjective evaluation of the evidence to determine whether 22 it makes sense, whether it is believable and credible and 23 worthy of you basing a judgement on that testimony. This 24 is where your common sense enters into the picture. 25 The first thing you will hear during this trial 1223 D-U4 -30I will bo? the opening statements of the lawyers. The 1 attorneys will not argue the ease at this point. The 3 proper role for counsel during their ooening statement 4 is to apprise the .jury of his contentions, what he expects 5 to prove, who the witnesses may be, and how the evidence 6 in this case fits with the legal rules that govern this 7 type of case. 8 When the opening statements are concluded, we 9 will then move into the evidence phase of the trial. When 10 the evidence is over, then you will hear arguments of the II lawyers and receive instructions from the Court. Now that 12 is the appropriate time for the lawyers to argue the case 13 to you. That is when they try to persuade you how you should 14 view the' evidence and what your verdict should be. Then 15 you will begin your decision-making process, that is your 16 deliberations of this case. 17 Now keep in mind that during the course of this 18 trial it would be inappropriate for you to discuss this 19 case with anyone or permit anyone to discuss it with you 20 or in your presence. It also, in my opinion, is inappro 21 priate for you to begin discussing the merits of this case 2> even with one another until you have heard all the evidence 23 and received the Court's instructions. Therefore, I ask 24 you to wait until the case is over and have your joint 25 discussions of the evidence during the deliberation phase. 1224 D-ia47 -311 You should not read or listen to anything touching, 2 on this case in any way. If anyone should try to talk to 3 you about it, and I am sure they will not, but if they do 4 bring it to my attention immediately. 5 Now, don't try to do any research or make any ! | 6 investigation about this case on your own. Do not form any j j 7 opinion until all the evidence has been presented. Now j i8 remember that the Plaintiff in this case has the burden of j 9 proof and must prove her case to your satisfaction by a j j 10 preponderance of the evidence. Preponderance of the evidencd i 11 means that the facts in controversv are more likely true | I 12 than not true. It means the greater weight and degree of 13 credible1 testimony. 14 Now certain things are not evidence and must not 15 be considered by you, and I am goingto list them for you 16 now. First, statements, arguments and questions by the 17 lawyers does not constitute evidence. It is not evidence. 18 Objections to questions that are asked are not evidence. 19 Now lawyers have an obligation to their client to make 20 an objection when they believe1 that the evidence that is 21 being offered is improper under the Rules of Evidence. You 22 should not be influenced in any way by the Court's ruling. 23 If the objection is sustained by me, ignore the question. 24 If the objection is overruled by me, treat the answer like 25 any other. If you are instructed that some item of 1225 O- -UL21 ovidence is received for a limited purpose only, you must 2 follow that instruction. i 3 Third, testimony the Court has excluded, or told 4 you to disregard, is not evidence and must not be considered; | 5 in any way. Four, anything you may have seen or heard out- j i 6 side the courtroom is not evidence1 and must be disregarded. 7 Now after these opening statements have been 8 given, which will follow this, the trial begins. The 1 9 Plaintiff will oresent his witnesses and the opposing j ! 10 party or parties may cross-examine those witnesses. The ! jII Defendant will present his witnesses, and the Plaintiff has 12 the opportunity to cross-examine those witnesses. 13 After that portion of the trial has been com- 14 oleted, the attorneys will then make their closing arguments 15 and will summarize and interpret the evidence, and try to 16 interpret that evidence for you. The Court will at this 17 ooint give you instructions on the law after which time you 18 will then retire to deliberate on your verdict. 19 Now this concludes the preliminary remarks and i j 20 instructions, and I assume we art1 now ready to proceed? 21 MR. BALDWIN, SR.: Yes, Your Honor. 22 THE COURT: Have any witnesses or persons come ; i 23 into the courtroom since the reading of the charge that 24 would probably bo witnesses in the case? 25 MR. ORTEGO: No, Your Honor. 1228 P-|a^ -33I THE COURT: All right, the Plaintiff has fifteen minutes to make the opening statement. 3 I; 4: i! 5 - MR. BALDWIN, SR.: May it olease the Court and li 6 : ladies and gentlemen of the .Jury. As you recall, I 7 am Scott Baldwin, and I represent Ms. Greenhill. And S this case involves the sad story of the death of her 9 husband, James Greenhill, who prematurely met his death !10 as a result of dying of cancer. i I I Mr. Greenhill worked in the National Forest 12 ' because he wanted to be outside. He was what is commonly 13 ij referred to as a "hacker and a squirter." He worked 1 I with various herbicides, predominately 2,4-D and Tordon 15 1 101. Tordon 101 is a mixture of 2,4-D and picloram. All 16 h of these chemicals were' made' by Dow Che'mieal Company. 17 ' Now, Mr. Greenhill was heavily exposed to these 18 . chemicals that I have mentioned. At the end of the day he 19 would ee)me.' home? his pants 1e'g would be' literally soaked and 20 sticking te? his skin. His .job required him to hack a tree 21 !, and then te? carry a jug around and squirt where they hacked ->> in orde?r te> kill the' big tre'e's in the fe?rest. 23 He? had a red rash that came about almost immed 24 iately and didn't go away. He contacted lymphoma, which is 25 i cancer, cancer of the lymph system, and he died a very 1227 D-last) -35] lymphoma. Lymphoma is simply a rancor of the lymph system. n The lymph system is a system in your l>ody that carries 3 fluids, kind of almost like your blood system; and there 4 are various kinds of cancers of the lymph s\siem, one of ; I 5 which is Hodgkin's disease, which is a disease that is vert- 6 little understood. Some people have described it as bizarre, 7 and it is very difficult to diagnose. There are highly 8 qualified doctors who will disagree about the diagnosis of 9 Hodgkin's disease. It's like you hear the old story about 10 the monks used to sit around in years of old and argue j I I about how many angels can dance on the head of a pin, for | 12 endless hours. That's almost the way it is about diagnosing 13 Hodgkin's disease. 14 But this Defendant says, "Ko, it's Hodgkin's IS disease. It's that; it's nothing else." They have 16 assembled a veritable team of doctors from around the 17 country to come.1 and tell you their story; and you will hear i i i18 them. I say that I don't think it's Hodgkin's disease, but | 19 that it doesn't matter. It's lymphoma, cancer of the lymph 20 system, and it's our burden to show to you that it was caused; 21 by his exposure to 2,4-P. And I submit that I don't think at n the end when you have to answer questions for the Court, 23 he's going to ask you one question about Hodgkin's disease. & 24 The question you are going to have to determine is did the I ,! 25 Defendant, make a product that was dangerous? Did they fail I ! 1 2 2 8 0 - l its i -36to warn the Plaintiff of its dangers? AndjS>was that a proximate cause of his death? And I submit to you that ! ! we will bring to you a highly qualified toxicologist who I will say that the answer to that question is yes, that 2,4-D| in his opinion, contributed to the death of Mr. Greenhill. And I submit to you further that we will bring overwhelming evidence that they failed to make any kind of warning about the serious nature of 2,-i-D. They had a little warning about skin irritants, or something like that. So then that turns us to the question of damages. Mr. Greenhill was 38 years of age, a young man. He was married. He loved the outdoors. He was happy. He was : kind of Laid-back type person. Suddenly he was stricken. j He was working with 2,4-D. He was hacking in the forests, j as I told you. He didn't know that 2,4-D, Tordon 101, was j j dangerous. He didn't know it would cause serious neurological j problems. He didn't know that it miglit cause cancer. He didn't know Lhat it would kill you. Nobody told him. His illness was diagnosed in 1979, and it progressed till 1986. You will hear how he suffered, how he became deathly ill from the radiation treatments, the chemical i! therapy he had to take. He vomited hours on end. You will j hear how that his suffering was so intense that he talked seriously abou t taking his own life. You will hear about how they had to stop the chemotherapy because his body 1229 p -37] couldn't. lake it any longer. So it will be your duty to j 2 award damages in this case, and it is not my purpose now 3 to talk in great, detail about the damages, ex-cept to say ! j 4 there are certain elements that His Honor will tell you you 5 should consider. 6 First of all, the medical bills are in the range of 7 $100,000. You will consider what he would have earned had 8 he worked over his life expectancy and contributed to his 9 family. You will consider his care, nurture and guidance 10 to his family, and how they have lost it. You will consider II the loss of society, the loss of household services. What ! j : is it worth to be a husband or to lose a husband? And, i 1 I 13 finally, you will consider the tremendous suffering he went 14 through. I | 15 I submit, to you that you can't return Mr. Greenhillj; 16 you can only return a verdict for money damages, and that ii i 17 damages in the range? of S3 million would not be inappropriate 18 in this case for the loss of a father and for the loss of a 19 husband. Thank you very much. 20 MR. ORTEGO: May it please the Court, Mr. Baldwin, i I 21 ladies and gentlemen of the Jury. The last time I spoke to j | 22 you was about two weeks ago during voir dire. I would like ' 23 to thank you all for your patience during that time, which i 24 some of you thought probably got very tedious; but that was j j25 a very important stage for Mr. Baldwin and mvself, because I 1230 V - & P I -381 we fool w(? have' now selected sevon intelligent people who have agreed to judge the facts on this case without con 3 sideration of sympathy or prejudice. 4 Now, His Honor will instruct you that the burden !ijij 5 of proof is on Mr. Baldwin, and you all promised that you 1 || 6 ! would not hold that against me. I need not prove anything. 7 Mr. Baldwin must prove that we are responsible for his 8 client's death. But it won't be that difficult for you in 9 some ways. I anticipate you will see evidence. 10 Now, Mr. Baldwin just told you his story, and he 11 told it very well. He told you about a man who lived and i 12 worked in Oregon, and a man who suffered and lived with his 13 family and died in Arkansas. 14 As we talked about in jury selection, there are 1 5 ! two sides to every story. Mr. Baldwin just told you his !! 16 : side, and if it were as simple as he just made it out to be, 17 there would he no need for any of us to be here. I am going n i 18 to tell you our side of the story, and I submit to you Mr. 19 Baldwin's side was not completely correct and it was incom j 20 plete. l 1 i 21 I would now like to discuss with you our side of t TT the story. But before 1 do that, I think it is very i important that we talk about one thing. I don't want you 24 -ii; to get frightened by this case. We will talk about the 1 25 sympathy a little later. I don't want you to sit there and 1231 V -391 say, "Oh, this is a science case. I can't deal with this. 2 This is above me." You aro sitting here as .jurors because j3 you can deal with this. Don't get frightened awav by this | 4 case. Keep in mind that the same common sense that you are 5 going to use in your home when you make an important decision 6 is what you are going to do hero. Don't get fooled. Stick 7 to the hard, cold facts -- not suggestions, not innuendos, 8 not emotion -- facts. Look at the evidence, and it will be 9 a case that you can decide without any difficulty. 10 To briefly summarize what the Plaintiff contends, i 11 Mr. Greenhill was a seasonal employee for the United States 12 Forest Service for 1977 and 1978, or a couple of years in j 13 there. What I mean by seasonal is that there are times 14 throughout the year in which the Forest Service would hire ' 15 people for eight or nine months to work in the forest; and 16 what they primarily did was light forest fires in Oregon; 17 and they planted trees and they did other work in the Forest 1 18 Service. ; i I 19 There was a time, just like in agriculture, that 20 you can use weed killers, and for a short time Mr. Greenhill j 21 did use a weed killer, and ho says it was ours, Tordon 101. ! 22 And that was his exposure for those two years when he was 23 working in the Forest Service, and his exposure will come 24 out later. He was a seasonal, part-time employee, and part 25 of that part-time work in that year he did use weed killers, 1232 ' lasr -401 according to him. 2 Now, he did something, hack and squirt. There is 3 nothing mysterious about that. What you will see is that 4 hack and squirt involves an ax and a Windex bottle, and 5 I think you might hear testimony on that. There is nothing 6 mysterious about this. And Plaintiff contends, rightfully 7 so, Mr. Baldwin (sic) suffered and died. His Hodgkin's 8 disease was diagnosed in 1979. 9 THE COURT: Mr. Baldwin suffered, or Mr. GreenI O hill suffered? 11 MR. ORTEGO: No, I am sorry, Mr. Baldwin. Mr. 12 Greenhill suffered. I am glad you are listening, Judge. 13 I am sorry, Mr. Baldwin, I apologize, sir. 14 We can't be sure what the witnesses are going to 15 testify to, but we have some idea. And one of the witnesses, 16 I think Mr. Baldwin is going to call, is a Dr. Daniel 17 Toitelbaum. lie? is the' toxicologist ho talked about, and you 18 are going to have to evaluate his testimony. And while you 19 evaluate his testimony, keep in mind that Mr. Baldwin is 20 going to have to bring testimony in to you here that our 21 product, which is going to be the 2,4-D caused Mr. Green22 hill's Hodgkin's disease. He is going to have to call 23 medical witnesses to do that. I am going to comment on 24 these medical witnesses, but I want you to keep one thing 25 in mind in your daily life -- just because someone says it 1233 11- - 1 might be so, it's not necessarily so. And that's what you 2 are here for. You have got to evaluate the witnesses. 3 If Dr. Teitelbaum testifies, I want you to keep 4 a couple of things in mind. When he comes on the witness 5 stand, evaluate his credentials and experience. Ask what 6 his credentials and experience are. Ask yourself when he 7 testifies whether is he believable, or is he really just an 8 advocate for a particular cause? Ask yourself what he 9 relied upon when he gave his opinion? Listen carefully to 10 him when he admits to you that Hodgkin's disease is j i 11 idiopathic, meaning nobody knows really what causes Hodgkin'sj i 12 disease. The science world doesn't know. Listen carefully 13 when he admits to you that Hodgkin's disease is as old as 14 man. It's been around forever. Listen carefully when he IS admits to you that Hodgkin's isease inflicted people long 16 before we ever marketed our product that contains 2,4-Q. 17 Listen carefully when he tells you that the Environmental 18 Protection Agency of the United States regulates this product i 19 and tells where it can go, who can use it, and where you can ; 20 use it. 21 Now let's keep one thing in mind, that this is 22 going to be an emotional case. There are a lot of diseases 23 out there that the best scientists in the world don't know 24 what causes thorn. Keen that in mind.. And when Dr. Teitel 25 baum comes and points the finger at us, ask yourself: "Is -42I Dr. Teitelbaum speculating and doing something that no one 2 else really can do?" Keep that in mind when he testifies. 3 Now I told you the burden of proof is not on me. 4 I anticipate we will call witnesses. When our witnesses 5 testify, I want you to use the same standards I have asked 6 you to use on the Plaintiff's witnesses, no favoritism. I 7 want you to test their credentials, ask yourself whether 8 they are believable, and evaluate them. Test them the same 9 way. 10 When you hear from our witnesses that Hodgkin's II disease is as old as people, I want you to listen to that. 12 I want you to also listen when you hear "Hodgkin's disease 13 existed long before man did, and long before our product 14 was around." I want you to listen carefully when you hear 15 that Hodgkin's disease inflicts certain age groups. And 16 this was sort of frightening to me, and it might be 17 I'rigin en ing to some of you on the jury panel -- it likes 18 mon in Ilie ages between the Iwent ies and the' thirties. It 19 inflicts young men. There' is an age-; group that it. generally 20 gets. Listen carefully when you hear that. 21 Liste;n carefully also when you hear that Hodgkin's 22 disease is a silent disease. And what do I mean that it is 23 a silent disease? You could have it in your body for years, 24 sometimes ten years, fifteen years, and nobody knows you 25 have it. And listen carefully when you hear the witnesses v -ia.5'8' -431 testify that no ono can say whether or not that Hodgkin's > disease was in Mr. (reenhill's body lor ten years, twenly 3 years, or how many years before he even worked for the 4 Forest Service or used our product. Nobody can tell you 5 that. 6 Now, this is very important, and never in this 7 trial will I play down the seriousness of this case. There 8 is one thing that Mr. Baldwin and I agree on -- Mr. Green- 9 hill suffered; Mr. Greenhill died -- we agree. But where 10 we strongly disagree is that we did not do it to him. We n are not responsible. We are going to see a tape of Mr. 12 Greenhill. It will bother you. It bothered me. It got me 13 very upset seeing someone of my age dying. And everyone 14 doesn't think it is going to be them. They always get 15 nervous, it can't be me, but it can happen. And there are 16 a lot of diseases we don't know the cause of. I am not 17 playing down the seriousness of this case ever, and you, 18 as good .jurors, will have to put your ('motions aside. Put 19 them aside and judge the facts, and say, yes, a man suffered, 20 a man died, but we are not responsible. 21 And listen careful Iv when vou learn that the 2,4-1' 22 in this case is a product that you and I can go to the store. 23 That chemical, 2,4-D, we can get that chemical now. And keep 24 in mind when you hear testimony how commonly used that 25 chemical is around the United States. 1236 -44] I submit to you there will be no believable 2 evidence, and you will have to evaluate be 1ievabi1ity, 3 it's very important in this case, to show that our product 4 caused Mr. Greenhill's Hodgkin's disease. 5 Now, that's just', in general terms what I think 6 the evidence will turn out. I will have another opportunity 7 to speak to you during summation. And at the conclusion 8 of the case in summation I know I will be here again and 9 I will ask you to, one, follow the Judge's jury instructions; 10 two, keep your promise that you could put s\mpathy aside, II emotion aside, prejudice aside, and evaluate the cold, hard 12 facts and return a verdict for us. Thank you. 13 THE COURT: Would the? attorneys approach the 14 bench just for a moment, please? 15 (At the bench, off the record discussion with The 16 Court and all attorneys,out of the hearing presence of 17 the Jury) 18 (OPEN COURT) 19 THE COURT: Call your first witness. j Ii 20 MR. BALDWIN, JR.: The' Plaintiff would like to j 21 read the deposition of Andrew Cooper Kier. >* MR. ORTEGO: Can we approach on that first, 23 Your Honor, before that deposition is read? 24 THE COURT: All right. Do you want a record on 25 this? 1237 p -|S<jO MR. ORTEGO: I think we do, Your Honor. THE COURT: All right. - 40- f MR. ORTEGO: It will be brief, though. (AT THE BENCH, on the record, with Messrs, Baldwin, Sr., and Junior, Gillam, Ortego, Kardiseh, Brown and Makulski, out of the hearing presence of the Jury:) MR. ORTEGO: I am going to object to this ; deposition testimony being read because it has no relevance to the lawsuit, and I will tell you why. Mr. Kier cannot testify to any facts regarding Mr. Greenhill's lawsuit. THE COURT: Who can't testify? ! MR. ORTEGO: Mr. Kier, who was a person who worked in the United States -- THE COURT: I thought this was the Cooper deposi tion. MR. BALDWIN, JR.: Andrew Cooper Kier. THE COURT: Oh. MR. ORTEGO: He worked for the United States Forest;I I Service. lie never worked with Mr. Greenhill, nor, he has testified at his deposition, he never did the type of work that Mr. Greenhill did in the Forest Service. So, he never saw him do anything nor did he even personally do the type of work that Mr. Greenhill did, and anything else would be speculation. What relevance does it have? MR. BALDWIN, JR.: Your Honor, he is going to Q -M l -46testify to the fact that Tordon 101 was used in the hack and squirt method at the Forestry, and he had personal 3 knowledge of that. 4 MR. ORTEGO: Where does it say that? I have the 5 lines here. 6 MR. BALDWIN, JR.: (Reading) "At the time I 7 transferred over that summer, they used Tordon 101 and 8 Formula 40. Now they hack and squirt." 9 MR. ORTEGO: The lines in the deposition said: 10 "I never did hack and squirt . . . " II i, THE COURT: I am going to allow the deposition. i : i I don't think it is so much as to the admissibi 1ity; it might [1 13 | be the credibility, but I will allow it. 14 MR. ORTEGO: Are you going to read the whole 15 thing i 16 i MR. BALDWIN, JR. : I am going to read the whole 17 i thing. 18 MR. ORTEGO: -- so it saves me some time then? 19 MR. BALDWIN, JR. : Yes. 20 MR. ORTEGO: Okay, good. Thank you , Judge. 21 (OPEN COURT) 22 MR. BALDWIN, JR.: This is the deposition of 23 Andrew Cooper Kier. Be it remembered that the deposition 24 ! I of Andrew Cooper Kier was taken in behalf of the Plaintiff 25 I before Eldon B. Reed, a registered professional reporter 1239 -47and notary public- for Oregon on August the 19th, 1987, beginning at the hour of 2:00 p.m., at the Best Western Medford Inn, 1015 South Riverside Avenue, in Medford, Oregon. Your Honor, is it necessary that I read the stipulations between the parties? THE COURT: Unless y 'al1 think that it should be, I have no -- MR. ORTEGO: I stipulate that it is accurate. THE COURT: It makes no difference to me one way or the other. The usual stipulations? MR. ORTEGO: Yes, Your Honor. THE COURT: All right, go ahead. (Reading by Mr. Baldwin, Jr. and Mr. Gil lam) DIRECT EXAMINATION OF ANDREW COOPER KIER BY DEPOSITION "0 Would you state your full name for the record? "A Andrew Cooper Kier. "Q Mr. Kier, my name is Scott Baldwin, Jr., and I am an attorney along with the attorneys from Dow to take your i ' deposition here today. j "A Yes. "Q If I were to ask you a question which you may not understand or might not be clear to you, would you please ask me to back up, rephrase it, and when we leave here we will have a complete understanding of my questions and 1240 0 - M 3 II I 1 your answers? 2 "A Yes. I 3 "Q How old a man are you, sir? - 48- I 4 "A Forty-five -- forty-six. I 5 I "Q 6 "A And are you married? Forty-six in October. No, I am not. I 7 "Q What is your present residence? 8 "A 111 Granite Street, in Ashland, Oregon. I 9 "Q For whom are you presently working for? I 10 "A I am self-employed at the present time. l I 11 "Q And what type of work do you do, sir? | 12 "A I am an environmental consultant, presently working on 13 an environmental assessment lor an hydraulic project. 14 "Q How long have you been self-employed? 15 "A Since November of '85 when I left the Forest Service. 16 "Q That was my next question, and when did you start work | 17 for the Forest Service? 18 "A i 19 "Q I started in 1972. When did you terminate your relationship with the 20 Forest Service? i 21 "A November of '85. 22 "Q Could you tell the Jury what some of your job duties 'i j i j | i I 23 were with the Forestry Service from the time period of ; 24 1970 through -- through '85, starting with 1972? ! Ii "A The first five years I was a firefighter, and after that, I 1241 V I I was a silva culture technician. > "Q And what is a silva culture technician? -43- 3 "A Silva culture technician is the growing of forest 4 trees, and my job was to survey and report in on conditions i 5 1 and prescribe treatment for forest plantations. 6 "Q Where were you working for the National Forest? 7 "A I worked on the Siskiyou National Forest in Cave 8 Junction until '77, when I transferred to the Applegate 9 Ranger District out of Jacksonville. 10 "Q If I understand you correctly, are these in the Rogue 11 River National Forest? 12 "A The '77 position was when I transferred to the Rogue. 13 "0 Do you know what the term "hack and squirt" means? 14 "A Yes. 15 "Q What does that mean to you? 16 !| "A Well, there are two different ways, of course. You can use a hatchet, that injects the chemical at the time it cuts. 17! 18 But the way we used it in the Applegate was to use a Boy 19 Scout hatchet, and every inch or so around the stem of the 20 weed tree to hack and then take a regular squirt bottle :i l! 21 and with a long spout on it, squirt a little bit of anproximately one millimeter of chemical into the cut. 23 I "0 And what type of chemical was it that the Forest I 24 j Service used? i 25 "A At the time of my -- I transferred over that summer, 1242 p~ ia.6>S -50they used Tordon 101 and Formula 40. Now they hack and squi rt. 3 "Q What were they called? 4 "A Well, they were part or one of the silva culture 5 crews, and they were of course some of them I believe 6 were off some of other crews. It was not a crew the 7 next year. We didn't have a real name, just "silva S culture crew," or "hack and squirters" is what they were 9 cal led. 10 "Q Do you know who the manufacturer or manufacturers of 11 the forest products Tordon 101 or Formula 40 were? 12 "A I can't say who all the manufacturers were. I am sure 13 that Dow was involved. I say that because I have seen the 14 names on the labels, but I can't say whether Dow was one or 15 the others. 16 "Q Did you ever have an occasion to see any of these 17 hack and squirters after they came in from the job? IX "A Yeah. Yeah, we all nrett.y much see each other out in 19 the park ini? lot after work. 20 "Q Well, what did they look like to you? What was their 21 appearance? "A Well, we were all pretty scruffy in a day in the field 23 sweating, and I wouldn't say they looked any different from 24 the rest of us after work. 25 "Q All right, sir. Could you tell whether or not any of 1243 P -<=> iat **U-IO -51I these chemicals may have' rot ton on their clothes or -- "A Yes, I've been out in the field and seen people with 3 it on their clothes and on their skin, and we used to joke 4 about it quite a bit. 5 "Q So is it your opinion that the hack and squirters were 6 exposed to Tordon 101? 7 "A I am assuming from the activity cards that I monitored 8 and kept uo-to-date that they had been exposed to one of the 9 two chemicals that I know they used. 10 "Q What chemicals were those? II "A Again, this is Tordon 101 and Formula 40. The stuff i: kind of vaporizes, so by the time people get it back in 13 from the field, it wouldn't necessarily be visible on 14 their clothes unless it had a dye in it. And I have seen 15 people with dye running down their arms on the unit. 16 "Q Did Dow Chemical or any of the other manufacturers ever 17 send a representative down to the Forest Service to teach 18 you any safety rules or tell you any regulations that you 19 should follow while applying the Tordon 101? 20 "A I can't speak for prior to that season. In subsequent 21 seasons, there wore training sessions in Portland for the >) supervisors and inspectors, but the crew people never were 23 contacted by Dow representatives, no. 24 'Q "When you say "that period of time," what period of 25 time are we talking about? 1244 V - i s u l - 52I "A Up to '78, which is -- includes the year that I 2 transferred over in late '77. And, you know, after now, 3 in the '80s, I started going to training sessions and at 4 that point we heard from not necessarily Dow people, but S other people talking about the upgrading of the labels, and 6 of course there were Dow representatives there with their 7 product and talking about this, their success rate of it 8 and so forth. 9 "Q A time period, what time period are we talking about 10 when the Dow agent showed up? II "A The meetings I am talking about are after, let's see, 12 when, after 1982 when I was high enough up on the scale 13 where I started attending the training sessions. But I 14 should say that safety precautions wasn't something 15 emphasized. It was mostly which formulas were applicable 16 and which type of application for which vegetation. So 17 there wasn't, of course, a whole lot of precautionary I S things, even at that level. 19 "Q All right, sir. 20 "A That's all supposed to be on the label. 21 "Q Now back in 1976 and ' l l did you ever see any warnings 22 on any of the containers that contained Tordon 101? 23 "A Yes. We moved a lot of those containers and cans 24 around from one part of the compound to the -- to the other. 25 Finally put it under lock and key after the controversial 1245 o-iafe" -531 nature of the propram became a problem. And at that point 2 in handling those cans, I read those labels and there was 3 precautionary language that was updated periodically. 4 "Q Do you remember exactly what the language said back 5 in '76 and '77? I 6 "A I sure don't. | 7 "Q Do you feel that it was an adequate enough warning? ; S "A I can only assume that since the warnings were upgradedJ 9 through the years with additional information, it was found 10 that the chemical had not sufficient warnings on the label ' II to begin with. 12 "Q Has the Forestry Service' stopped using Tordon 101, to 13 your knowledge? 14 "A On the Applegate, we stopped using it after the '77 15 season because of problems of root translocation where it 16 would kill the crop trees that were adjacent to the weed 17 trees. IS "MR. BALDWIN, JR.: That's all I have." / 19 This is the cross-examination by Mr. Ortego: 20 CROSS EXAMINATION 21 "0 Kier, what was the purpose of using the weed TI killers in the Forest Service? What were the goals of the 23 Forest Service? Where was it done? 24 "A If was to release the crop trees, mostly Doug fir, from 25 their hardwood competition. 1246p - -541 "Q What were the benefits to the environment as a result 2 of that? What would be the benefits to the Forest Service 3 itself by doing that? 4 "A None whatsoever, as far as I know. 5 "0 Well, wasn't one of the reasons why you would do that 6 was to get rid of some of the other undesirable foilage? 7 "A Theoretically, that would increase the growth. However, 8 over a long rotation, it hasn't been proven yet. 9 "0 Can defoliation in the forest land with the use of 10 weed killers, can that increase graze lands -- that did 1! increase graze lands, prevent forest fires, wasn't there? 12 "A In this area the target species, hardwood, are preferred 13 graze of our wildlife. So in fact it was negatively 14 impacting our deer herds, for instance. 15 "Q What about with respect to forest control, forest fire 16 controls, did it have an impact there'? 17 "A It provided a lot of fuel, that is dead brush, so there 18 again, negative impact. 19 "Q You .joined the Forest Service in 1972? i 20 "A Yes . 1 21 "Q What was your job in '72? 22 "A Fi ref ighter. 23 "Q A firefighter does what? 24 "A We travel as an organized crew throughout the United 25 States, and we are involved in fire suppression and going -OD- out and putting out, put a line around the fire to put it out. "Q Were you a full-time Forest Service employee during that time? "A I was seasonal until 1972 on. "Q Firefighters in 1977 and '78 were generally seasonal? "A That's correct. "0 How many days a week will you work as a firefighter? How many days of the year would a firefighter work as a seasonal employee? "A Six months. "Q Would it be fair to say that a majority of those six months of work would be dedicated to lire fighting or fire suppression? "A Initially, we w^ere standby, land release. That is mainly removal of competing species to timber species and trail construction and things. "Q During that six months there would be a variety of duties that a firefighter would do? "A Yes. "Q What percentage of that six months would a firefighter do this hack and squirt, if any? "A Hack and squirt was mostly a soring job, spring and early summer before spray evaporation became a problem, which would mean that a person would maybe be on hack and 1 2 4 8 p - i a r?i -56- squirt crew for as much as two months out of the year. "0 Out of six months? "A Yes. "Q And the rest of the remaining four would be dedicated to something other than hack and squirt during the regular year? | "A Yes. i "Q Have you done hack and squirt yourself? 1 "A No, I don't recall ever having done it. I did mostly the survey work after, so -- "Q Is it possible that some firefighters never did make it, some firefighters never did hack and squirt? "A Some is right. Some planted trees in the early spring, so people would -- it would be a fragmented kind of crew until the fire? danger brought everybody together. "O You became a silva culture technician? 1 "A Yes. "Q What were your duties then? Can you tell me that? ;I "A Wo I1, I would go to survey plain at ions for disease and for competition, for thinning needs. And then you come back and report and prescribe treatment for those plantations. ''Q Did you ever supervise any hack and squirters in '7 1 , '76? "A No. i | i | "Q Did you ever supervise James Greenhill? 1249 D-iar. 1 :! "A 2 i! "Q -57No. Did you ovor pn-soiui 11y see Jim Oreenhill do hack and 3 squirt work? 4 "A ii 5 "O I do remember being on a unit that year with him. Now the purchase of the weed killer that you had used 6 for the? hack and squirt method, did you purchase that? 7 "A No. 8 "Q Did you have anything to do with the purchasing or 9 the selection of which weed killers would be used? 10 "A No. 11 "0 Who would be responsible for that? 12 ! "A My supervisor. 13 "0 Your supervisor? 14 !! "A Yes. 15 "Q Would you say there were different herbicides that were 16 used within the Forest Service for different, purposes? 17 ; "A Yes, some' for graze, some for herbicides. IX "Q Would you not. be involved with the direct selection, 19 j; but your supervisor would do that? i' 20 . "A That is right. We have a vegetation problem in that unit, but as far as ordering the chemical, that was out of my hands. 23 "Q Would it be fair to say that you didn't have any 24 personal knowledge of exactly what chemicals were brought 25 in for the hack and squirt program for that year? !ii1 1250 Q -ia73 -58] What your boss bought is what you used? You didn't make 2 the purchase? He could have gone to a variety of chemical 3 companies? As far as you know, it just came onboard? 4 "A I just know what was used, not all that was bought. 5 Except I did see everything in the warehouse. 6 "Q All right. When is the first time that you spoke to 7 Mr. Baldwin or anyone from his office regarding this case? 8 "A Well, let's see, it was a couple of months ago. I 9 don't remember the exact date. IO "Q How did that come about? A phone call? A visit? 11 "A A phone call, and was subsequently visited. 12 "0 What did you discuss at those meetings? 13 "A Let's see, we talked. 14 "Q There; is nothing wrong with talking to him. 15 "A We talked in June, and he asked if I had known that 16 Greenhill had passed away. And he brought me up-to-date 17 on the case and asked me what I had, you know, could offer, 18 what I remembered. And then 1 remember I made a statement 19 of everything that 1 could tell him about the program and 20 about the chemicals. 21 "Q Did he ever ask vou to look for anv documents, or cans, ' lil 22 or anything like that at the Forest Service? j 23 "A I mentioned that I figured I had personally been 24 responsible for moving a lot of the old chemicals that 25 were too hot to use anymore, that we were no longer using, 1251 p-ia7^ -59I say, after 1980, down to a central repository with the 2 county's blacklist of chemicals. And we, you know, we ' 3 handled them all at that time. However, my memory is not 4 good enough to tell you what was on all of those labels. i 5 "Q Did you ever give Mr. Baldwin any documents or material 6 or -- 7 "A Just verbal. jiI | i 8 "Q Did you ever look up or do you have any intention of ; 9 looking up any other product, document, or producing any 10 documents for him? n "A If I can heln, I am willing to, but I really don't have I2 anything to assess -- have any access. 13 "Q You are not there anymore? 14 "A Yeah. 15 "Q How many men, approximately, did hack and squirt in 16 1976? J7 "A It was usually a three or six-man crew. 18 "Q IIow many crews, approximately, were provided in '76 and 19 '77? 20 "A Just the one main crew. There may have been some 21 smaller projects that handled some individuals, but -- 22 "Q Do you know whether hack and squirt was employed at 23 any other forests around the country? 24 "A Yes, I believe it was probably used on the majority 25 of the forests. I l I 1252 D-U75" 1 "Q More of a national propram, then? -60- 2 "A '.Veil, I wouldn't say the program was nationalized. 3 "Q I mean nationalized? 4 "A There was wide-spread use throughout the Forestry S Service. However, the technique may have differed. 6 "Q Hack and squirt is performed by taking an ax and 7 putting a mark in the tree, and then putting a millimeter S of the -- 9 "A Yes. 10 "Q -- like an eyedropper type? 11 "A An amount comparable to a full eyedropper, in this case. 12 They are like; laboratory wash bottles. In fact, I think they 13 are more like spray bottles used for ironing, or, you know, 14 spraying plants or something. 15 Q Did you over socialize with Mr. Greenhill at all? 16 'A No, I didn't. 17 'Q Was ho a personal frie nd of you rs at all? 18 'A No, although I saw him around the station. I can't 19 really recall what he looked like. It was a long time ago, 20 and we weren't close friends. 21 "Q IVould it be fair to say that you didn't have specific 22 knowledge of what he did, or work record, or what people 23 thought of him at the Forest Service? 24 "A No, I have; no idea. 25 "Q Do you recall when you said these cans that herbicide 1253 D'u7fc 1 came in did have labels, did they say "Avoid skin -61- 1 exposure," or "Don't drink it," or those general warnings? 3 "A I am sure at least they must have been on them, even 4 that far back. But I just can't recall what the labels said. 5 "Q Would it be fair to say that you are not an expert in 6 labels or the chemistry of chemicals, just have to rule i I 7 that out? | 8 "A No. | I 9 "Q You are not an experton herbicides? ; II i 10 "A No, I ani an expert, certified applicator. I am not -- n I don't have a photographic memory, but I am sure that / 12 the '77 labels could be reproduced. I am sure they are 13 in the files here in the Forest Service. 14 "Q Absolutely. The U.S. Government keeps them obvious? 15 "A Yeah. Yeah. 16 "Q And this federal certified applicator, are there state 17 and federal regulations on use of herbicides? 18 "A Federal regulations? Well, we had, I would say, more 19 policy than anything else. 20 "Q And the ForestService, to your knowledge, wouldcomply 21 with all the federal policies when using these chemicals? ; "A Yes. 23 "Q Did youever know Mr. Greenhill or Mr.Greenhill's wife; 24 at all? 25 "A No. 1254 0-/377 I "Q Ever spoken to her since or -2 "A No. -62- 3 "Q At least you don't think you spoketo her? 4 "A Not knowingly, anyway. 5 "Q We are all set then. Thank you for your time. We \ j 6 appreciate it." 7 This is by Mr. Baldwin: 8 "REDIRECT EXAMINATION ! i I ; 9 "Q Do you waive the signing? 10 "A I will waive my signature." II MR. BALDWIN, JR.: Your Honor, at this time we'd 12 like to introduce the deposition of Paul William Tipton. 13 MR. ORTEGO: Judge, may we approach on that first, 14 brief 1y? IS THE COURT: All right. 16 (AT THE BENCH, on the record discussion with Messrs. 17 Baldwin, Sr. and Jr., Gillam, Ortego, Kardisch and Brown, 18 out of the hearing presence of the Jury:) 19 THE COURT: T-i-f-t-o-n? Tilton? 20 MR. ORTEGO: Tipton, T-i-p-t-o-n. I just want to 21 make my record -- I have the same objections, he can't i 22 testified to anv facts relevant to the lawsuit because I 23 he never worked hack and squirt with Greenhill; he doesn't j 24 know what ho did. And besides, there are a lot of hearsav ! j 25 lines in the deposition. But I just want to make my record. i 1255 p-ia'p' 1 THE COURT: Overruled. *> MK. ORTEGO: Thank you, Judge. -63- 3 (OPEN COURT) 4 MR. ORTEGO: Would you just give me one second, 5 Mr. Baldwin, while 1 got. my file'? (locating Tile) Thank 6 you. 7 MR. BALDWIN, JR.: This is the deposition of i 8 Paul William Tipton. Be it remembered that the deposition iI 9 of Paul William Tipton was taken in behalf of the Plaintiff | IO before Eldon D. Reed, a registered professional reporter iI i H and notary public for Oregon, on August the 20th, 1987, : i: beginning at the hour of six n.m., at the Best Western 13 Medford Inn, 1015 South Riverside, Medford, Oregon. 14 The same agreement with the stipulations, Mr. 15 Ortego? 16 MR. ORTEGO: Yes, Mr. Baldwin. 17 (Reading by Mi-. Baldwin, Jr. and Mr. Gillam:) 18 DIRECT EXAMINATION OF PAUL WILLIAM TIPTON BY DEPOSITION; 19 "0 Would you state your full name for the record, please, : 20 si r? 21 "A Paul William Tipton. 22 "Q Mr. Tipton, my name is Scott Baldwin, Jr., and myself 23 along with the Dow Chemical attorneys are going to be taking 24 your deposition. Do you understand that? 25 "A Yes. 1 2 5 6 0127? -641 "Q Have you ever had your deposition taken before? 2 "A No, I haven't. 3 "Q Well, basically what we are going to do today is I am 4 going to ask you some questions and counsel willask you \ 5 some questions, and the court reporter will typethis up, ^ 6 put it into a booklet form, and you have the right to 7 either read it and sign it or you can just waive vour i i f I 8 signature and it will go on to the respective party. What 9 do you choose to do? 10 "MR. BALDWIN, JR.: Let's go off the record. i | 11 "A I would like to read it and sign it. 12 "Q That is no problem. How old a man are you, Mr. 13 Tipton? 14 "A I am thirty-eight years cild. 15 "Q Are you married? 16 "A Yes 17 "Q Do you have any children? 18 "A Yes , I do have. 19 "O How many children do you have? 20 "A I have three children. 21 "0 Arc what are their ages? 22 "A One and a half, five and eight. 23 "Q Whe re do you presently live? 24 "A I Presently live at 1240 Humbug Creek Road, in 25 Jacksonville, Oregon. I "Q Whom arc you presently working for? *> "A Currently self-employed as a carpenter. -65- 3 "Q Have you ever worked for the National Forestry 4 Servi ce? 5 "A Yes, 1 have. 6 "Q What were your job duties with the Forestry Service? 7 Let me do this first, when did you go to work for them? 8 "A I went to work for the Forest Service in 1973. 9 "0 And how long did you work for them? 10 "A I worked for them, to the best of my knowledge, through 11 1977. 12 "Q All right, sir. Now, what were your job duties during 13 that time period with the National Forestry Service? 14 "A My job duties varied from work in the Timber Management 15 Department, the Silva Culture Department, and occasionally 16 on fires. 17 "Q All right, sir. Were you ever a hack and squirter? 18 "A Yes, I was. 19 "Q Would you toll the Jury what hack and squirt or what a 20 hack and squirter does? 21 "A A person on a hack and squirt crew has a small hand 22 ax, or hatchet, and squirt bottles filled with Tordon, and 23 possibly other chemicals that were injected by means of 24 using the hatchet to make cut marks a couple of inches apart 25 around the trunk of trees, and then the chemicals are 1258 -661 sprayed into the incisions of the trees to kill the tree. 2 "Q All right, sir. I believe you mentioned the name 3 Tordon. Did you say that was a chemical that was used 4 in the hack and squirt? i 5 "A Yes, that was a chemical that we used in the hack and 6 squirt. 7 "Q Would you explain to the Jury what is like to be a 8 hack and squirter? 9 "A Well, it's a pretty messy and nasty Job. We would 10 get into a truck together, a crew of three or four people, 11 we would have chemicals stored in the back of the vehicle, 12 and wo would drive from the Forest Service Station out to 13 the area where we are working to apply them. Then we would 14 go out through a unit, a stand of timber, or an acreage of 15 land that was being worked on and we would go through taking 16 a swath of a given stand, say twenty feet wide, and each 17 person would cover that area going through hack and squirting I 18 and killing the suDposed weed trees that were in the area. j ! 19 "Q All right, sir. How long a ride would this be in your j | 20 car from the station to your job site with these chemicals? 21 "A It would vary from an hour and a half to even an hour 22 and a half -- rather, from half an hour to even an hour and : 23 a half, depending upon the distance of the units from the 24 station. 25 "Q Do you know what chemical it was that was in the car 1259 D-'af x I with you? ) "A It was Tordon 101. -67- 3 "Q Can you explain to the Jury what your exposure is to 4 Tordon 101 as a hack and squirter? j 5 "A There is many ways of exposure, in that the mixing 6 of the chemical, the putting the chemical into the truck, j 7 the riding in the truck with the fumes, the exposure to J | 8 the skin through the spray mist from the bottles bouncing ! i 9 around,with the wind out out in the unit as we are doing i I 10 it, spraying, backsplashing off the trees and the brush,. i II what -- from handling the equipment, from even the cleanup j 12 process of taking gloves off and then having to pick up an 13 ax that still has Tordon on it, or any of a variety of 14 other means. 15 "Q All right. How often did you hack and squirt? Was it 16 on a day-to-day process? 17 "A While I was doing it it was on a day-to-day process. , i J 8 That was for myself. I only worked in it for two or three j 19 weeks. | iI 20 "Q All right, sir. Do you know who made or manufactured 21 the product Tordon 101? 22 "A Dow Chemical was. I i i 23 "Q What classes did they have in the Forestry as far as 24 safety is concerned in applying Tordon 101? 25 "A None to my knowledge. There was some verbal informatiori 1260 1 given, but it. was not extensive. - -68- I 2 "Q What literature did Dow Chemical provide you as a hack j 3 and squirter as to thesafety and precautions thatshould , 4 be used withthis chemical? I 5 "A None." ; 6 MR. BALDWIN, JR.: Thisis cross-examination by ! 7 Mr. Ortego: Ii ii 8 CROSS EXAMINATION BY DEPOSITION i 9 "Q Mr. Tipton, when is the first time that you met with 10 Mr. Baldwin? 11 "A This afternoon. 12 "Q When did you moot him this afternoon? 13 "A About half an hour prior to this hearing here. 14 "Q At the time of this meeting did he discuss your 15 testimony? 16 "A The only thing that was discussed with Mr. Baldwin 17 and myself wore the facts of how this would be conducted, 18 and I should tell the1 truth about what I know about the 19 s ituat ion. 20 "Q Did Mr. Baldwin tell you what particular questions he ] 21 was going to ask you? j 22 "A No. 23 "Q Did you ever meet with anyone else from Mr. Baldwin's 24 office, an investigator or any other lawyer at all? i 25 "A Yes, I met a gentleman named Randy Knight. I met with i 1261 v & P him on two separate occasions. -69- "Q The first, occasion that you met Mr. Knight, where was that and when was that, sir? "A That was at my home. I don't really know the time period. Four or five weeks ago, at least. "Q What was discussed at that meeting at your home? "A The fact that this was happening; the fact that Jim Greenhill had died from exposure to Tordon 101, and that I should be -- he asked me to take part in this, and to come tell the truth about what I knew. "Q When was the second meeting? "A The second meeting took place two nights ago. "Q What happened at the second meeting? "A I had dinner with Mr. Knight at a friend's house, and basically the same kind of thing took place. "Q And who was the friend? "A The friend was Richard Goodnough. "Q Did Mr. Knight discuss this case with Mr. Goodnough and you together? "A What do you mean discuss the case? "Q Did you talk about what happened at the Forest Service? Did you guys talk as a group or in separate rooms? "A No, generally together about the case. "Q What was the reason for the second meeting? What happened differently at the meeting that didn't happen 1 at the first meeting? -70- 2 "A Nothing in particular. An update as far as telling me 3 that this was happening. 4 "Q Are you being paid for your services and time? 5 "A No. 6 "Q Now they told you that Jim Greenhill died from 7 exposure to Tordon? i J 8 "A They told me in general that Jim Greenhill assumingly i . ii 9 died from Tordon. 10 "0 Assumingly? 1! "A Yes. 12 "Q You yourself don't know what he died of, do you? 13 "A Strictly conjecture. 14 "Q All right. You are not an expert in any field of IS science, are you? 16 "A I wouldn't classify myself as an export, no. 17 "0 Do you consider yourself an expert in any field, like 18 the field of carpentry? 19 "A Yes, in the field of carpentry. 20 "Q Would you consider yourself to be an expert in -21 "A I consider myself to be pretty well founded in j 22 forestry practices and in environmental silva culture and j 23 management. 24 "Q What kind of training? Where did you get this? 1 i II ; 25 "A Mostly on-the-job. Some with the Forest Service, and j 1263V->^ -711 some since then. I have worked as a forestry manager on 2 my own. 3 "Q What brought about -- why did you leave the Forest 4 Service? 5 "A Because i didn't, feel my skills wore being sufficiently 6 util ized ther'. 7 "Q What do you mean? Why weren't your skills -- why 8 weren't your skills being sufficiently utilized? Why do 9 you feel that way? IO "A Because in the time I worked in the Forest Service, li particularly with the Silva Culture Department, I was the 12 person who was going out in the woods to collect data and 13 timber stand inventories. The data I was collecting would 14 help make the decisions on whether chemicals were applied 15 to areas that were being attempted -- they were being -16 attempting to reforest. And for several years I felt that 17 the decisions were already being made before I brought the 18 information buck in from the field. 19 "Q Would if be fait* to say that you disagreed in part with 20 the decisions to use chemical management of the forests? 2! "A I disagreed with the extensive use of chemical manage 22 ment in the forest. 23 "Q Those decisions of which you disagreed with extensive 24 use of chemical use of the forest were made by the United 25 States Forest Service upper-level people, aren't they? 1264 <^*^* 5>^>>i ? f * o ->5? `^^r?^>1r^> ^??A^*K>?t? >->>^>'` .'i1:;'?^iT ^ ^?s.s<*v '>?sOses:> ^-> <cx >t ^a>i t :j ;.>t^>?l^rci^*k itivi -la s '5 -721 "A I don't know. I don't know who makes all those 2 decisions. Certainly not the chief of the Forest Service, 3 necessarily. It's done on a district by district basis, 4 and should be done on a site by site basis. 5 "Q Now the Forest Service when you worked for them, sir, 6 had been organized and is divided by regions? 7 "A Yes, that's correct. 8 "Q And do you know approximately how many regions there 9 are in the United States Forest Service? 10 "A I believe that there are eight or nine. I am not sure M of the exact number. i: "Q Would it be fair to say that each region has its own 13 regional forester? 14 "A Yes, that is correct. 15 "Q And each regional forester in charge of a region within 16 the United Stales reports to the' Chief of Forest Service? 17 "A Yes. 18 "0 And general decisions on chemical management and the . 19 use of chemicals, herbicides and other forestry practices 20 are decided by regional foresters with the assistance of the ; 21 staff of the Chief of Forest Service? 22 "A The availability of those chemicals means, it seems, i I II ' 23 would have been. The decisions to make those things 24 available would have occurred through that level of 25 bureaucracy. 1266 p -)3^ -731 'Q . Would it be fair to say even in your expertise that 2 timber management with the use of herbicides was used 3 prevalently throughout the United States with different 4 forests for different purposes? \v 5 "A Generally, I would have to concur. 6 "Q And the reason why this was done was for many reasons-- 7 would dictate the use of chemical management. Maybe you cani 8 tell us some of the reasons you know about deforestation 9 took place, or timber management. 10 "A I don't think I quite understand. ! II "Q Neither do I. We will try again. Whenthat happens, , 12 feel free to jump in. What was the purpose of the chemical 13 management? 14 "A In the cases I was involved with, principally 15 reforestation practices. They were attempting to reforest 16 stands that had been cut over or completely clear-cut, and 17 the weed, or brush species, as they were called, were being 18 killed supposedly to create monoculture, or very small number i I 19 of other cultures of coniferous trees for selling to timber 1 20 companies. ji 21 "O Would it be fair to say that by killing the woods 22 and unwanted brush that that would enhance the growth of | j I i 23 timber in those areas? I Ii 24 "A That was the purpose given by the Forestry Service, ! j 25 but was not a recommendation that I would necessarily have 1267p-'a?j I given for those areas. -74- i 2 "Q So would it be fair to say that the Forest Service 3 had made a decision to kill certain brush and foliage in 4 its attempts to enhance the growth of other timber, and S youdisagree with thatdecision? 6 "A That is correct. 7 "Q Also be fair to say, sir, by the destruction of ! ij : j i 8 certain unwanted foliage the risk of forest fires could 9 be diminished in certain areas? i . 1 10 "A I wouldn't say that's true at all. | II "Q i Was chemical management used within the United States j 12 forest system, to the best of your knowledge, in order to 13 reduce the risk of fire? 14 "A I wouldn't see that being true at all. 15 MQ What other methods do you know are employed by the 16 United States Forest Service to get rid of some of these 17 unwanted foliage and brush to enhance some of the other 18 timber species? 19 "A Better management generally from the start rather 1 20 than taking all the trees off the site and then burning it, 21 and subjecting it to erosion for twenty or thirty years or 2"> more; that more care in the harvesting practices, to my 23 mind, would have been one manner that could be used. Also 24 there are other ways -- hand-clearing of brush, paper mulch 25 around the young seedlings, and a variety of other ways. 1268 -75I "Q . While you were at the Rogue River Forest did they 2 mechanically or by hand remove some of the growth? 3 "A In this timber, very little was done of that. j 4 I believe a little bit of thinning was done on some stands, j I 5 but generally not. 6 "Q You were a full-time or part-time employee of the i j | 7 United States Forest Service? ii j 8 "A I was a temporary employee, seasonal. 1 9 "Q As a seasonal employee, how many months of the year i 10 did you work, approximately, sir? ; 11 "A I believe eight to nine. ; 12 "Q Is there a time that is known as the fire season 13 within the Forestry Service? 14 "A Yes. 15 "Q What time period would that be? 16 "A That time' would be from mid-May to late September, 17 probably generally. 18 "Q During that time period was any hack and squirt j 19 technology or methodology employed? 20 "A I don't really know. 21 "Q You yourself worked at the Forest Service between 22 1973 through 1977 as a seasonal employee. Of all this 23 entire period how many days were you employed as a hack 24 and squirter? j i i I ; i i j 25 "A For about three weeks. 126 9 | Q-\a.^ j 1 "Q -76That is for about six years, excuse me, four years, 2 you only did hack and squirt for only about two or three 3 weeks? 4 "A No, that's not correct. Two or three weeks through 5 the entire period. 6 "Q Yearly? 7 "A No, for the entire period I worked for the Forest X Service. 9 "Q Okay. So for the years that you worked in the Forest 10 Service, it was two or three weeks of those four years 11 involved in hack and squirt? 12 "A Yes. Got off the crew as soon as I could. 13 "Q And why is that? 14 "A Because I didn't feel the chemicals were being safely 15 used, and I didn't want any part of it. 16 "0. Were you given any -- when you say they weren't -- 17 when you say they weren't used properly, you felt that 18 the workers didn't use the chemicals properly or safely? 19 "A I felt that the use and the care involved with those 20 chemicals, that lackadaisical would describe the manner in 21 which they were dealt with. "Q All right, as a result you requested to be removed 23 from that work? 24 "A Actually I believe I had other work that was coming 25 up, and I simply accepted work prior to, I believe. I can't 0 1270 -771 real 1y recall whether it was prior to or after my normal 2 duties for the year. I did certain things that I would 3 normally do through the year, and that was a fill-in at 4 the beginning of the end of the season. 5 "Q Sounds like some of the people were somewhat careless 6 and maybe not as cautious in the use of these things? 7 "A Yes. 8 "Q Did youever do hackand squirt with JimGreenhill? 9 "A No. 10 "Q What yeardid you dohack andsquirt work, if you 11 recal1, sir? 12 "A As I stated previously, my best guess is 1975. It 13 could have been *76. I believe it was '75. 14 "0 1975, all right. When you say you used Tordon for 15 hack and squirt, is that your recollection from the year 16 that you used it? 17 "A Yes, I remember the name specifically being mentioned. 18 "Q In '75? 19 "A Yes. 20 "Q Did you ever read any of the labels on the products 21 that were used in the hack and squirt? 22 "A I am sure that I did. 23 "Q What did the labels say? 24 "A I can 't recal1. 25 "Q Did you ever have anything to do with the purchase 1271 -781 of what chemicals or herbicides were used in the Forest 2 Servi ce? 3 "A No. 4 "0 Who made those decisions? 5 "A I would assume someone at least at the district ranger 6 1evel. 7 "Q Do you know whether or not when you did hack and H squirt you followed the instructions on the label? 9 "A I don't know that. IO "Q Do you know whether the other men followed the 11 instructions on the label? 12 "A Well, to the degree that I was already -- I have 13 already described the lackadaisicalness and lack of care 14 with the use of the chemicals. I know that I certainly IS didn't feel that whatever information I had gotten from 16 the labels didn't say that I should do things that I saw 17 was being done with the chemicals. 18 "Q So people were doing things with the chemicals that 19 the labels didn't say they should be doing? 20 "A I don't know whether that's true so much as the 21 people weren't doing what I thought should be done in ti conjunction with the use of those chemicals. 23 "Q Was there any horseplay ever with any chemical or 24 sprayers when you were out in the field? 25 "A Some horseplay with the chemicals. 1272 D- \ & iS ] "Q -79I presume you didn't condone nor did you want to 2 participate in any of that? iI I j | !i 3 "A 4 "Q No, I didn't. When you were out in the field with hack and j i 5 squirters was hack and squirt done in primarily the rainy 6 season? 7 "A 8 "Q No, I don't ever recall doing it in the rainy season. What season do you recall doingit in 1975? 9 "A To the best of my knowledge, itwas early in the year, 10 so it would have had to be the springof '75. It would have 11 been probably in early June. 12 "Q Now this hack and squirt method, what type of brush I i j 13 was this being applied to? 14 "A On the units I was on, madrona and probably ; li 15 White Oak, I believe it was, that wasthe only tree species 16 that we did it to, and those are the only two that I can , 17 think of. There may have been some other varieties of oak, j | 18 and it depended on that unit. And the vegetation changes ji 19 rapidly from one acre to another mountain, that sort of 20 thing. But I do know that madrona and oak. 21 "Q This bottle, spray bottle, that contained the j j i I j 22 herbicide or weed killer, what did it look like? 23 "A As I recall, we used plastic, white plastic spray ' 24 bottles. 1 25 "Q Would it be fair to describe these plastic bottles ! ! 1273 I t>/a% ; - 80- 1 similar to something that you would use for ironing or 2 spray-mist your plants? 3 "A Certainly. 4 "Q What was the capacity of that spray bottle? 5 "A I believe it was aquart. 6 "Q Would it be fair to describe the technique of hack 7 and squirt is that you come up to a foliage which was 8 considered undesirable by the Forest Service, hack it with 9 an ax and spray it with the spray mist bottle? 10 "A That is correct. 11 "Q And then you would go on to the next tree? 12 "A Yes. 13 "Q In this hack and squirt method, there was no aerial 14 application, was there? 15 "A The aerial sprayings were separate from -- 16 "Q Okay. And those folks on the hack and squirt team 17 were not responsible for taking spray tanks and spraying 18 with a hose, were they? 19 "A They may have been. Normally not. 20 "Q Now basically you go out and you dothis to different 21 trees, and how long will you be out there on a given day 22 when you did a hack and squirt? 23 "A Less the travel time, approximately six hours. 24 "Q How many undesirabletrees could you do with that one 25 quart bottle? I "A -81- Well, I have no exact idea of that. I would say 2 somewhere over one hundred. 3 "Q Would have been done with that quart container? 4 "A Yes. 5 "0 Now when I said spray, would it be almost like a 6 stream sort of thing -- hack the tree, and then hold the 7 bottle close to the cut and spray in the stream? 8 "A Yes, thatis correct, itwas astream. 9 "Q How long would it take to do approximately one JO hundred trees? I know this is tough. II "A This is fairly far in the past and I don't have any 12 exact knowledge of that. 13 "Q This bottle had the sprayer on the top and it shot out 14 a stream, and would be closed on the top, wouldn't it? 15 "A Whatwould be closed? 16 "0 Sculled on the top and theliquid would come out 17 through the sprayer? 18 "A Yes, come out through the sprayer, but drip down over 19 the entire spray machine, sprayer. 20 "Q Did the Forest Service give out gloves? 21 "A Yes, we did have gloves. 22 "Q What kind of gloves did you use? 23 "A As I recall, they were disposable 1atex type gloves. 24 "Q Did you wear goggles as well as -- were they given 25 out? 1275 ' 1 "A 2 "Q No. - 82- Did the men wear the gloves out in tho H e l d ? 3 "A Generally yes, I believe most of them did most of 4 the time. 5 "Q You say that there would be fumes when you were traveling 6 in the truck up to the site? 7 "A Yes, the chemicals were being stored in the back. It 8 was pervasive, chemical atmosphere. 9 "Q Did you ever roll down the windows in those 10 circumstances? 1! "A It depended on the day and the time of the morning. 12 In the morning it was less likely to have it rolled down 13 than in the evening, but I am sure the windows were rolled 14 down some. 15 "Q Obviously the smell of the herbicide wasn't that bad 16 that if didn't warrant people rolling down windows at 17 certain times? 18 "A Well, there is also more than one person to consider 19 as far as being in the vehicle, and so certainly you can't 20 .just open a window and throw a blast of air on someone else, 21 unless you are really concerned about it. 22 "Q Would it be fair to say at certain times windows 23 would not be rolled down because people wanted the windows 24 up as opposed to breathing the odor? 25 "A I wouldn't -- I can't remember any time that the 1276 P-li"?4? ] windows weren't at least cracked open. -83- 2 "0 How far away from the tree would you be when you put 3 the stream into the cut? 4 "A Well, that would depend entirely -- you must be -- 5 you don't want to do it right in front of your face nor 6 too far away. It's depending on the slope and the conditions. i 7 "0 Would you put the bottle up to the hole to do it. 8 that you would cut? 9 "A As I recall, a couple of inches away from the cut, 10 which is the recommended procedure. 11 "Q Were you given any witten material to read before you ; 12 came to the deposition? 13 "A No. 14 "Q Were you asked to look for any written materials? 15 "A No. 16 "Q Did you ask any questions regarding the case of Mr. 17 Baldwin or his investigator? 18 "A Did I ask them questions? Just questions pertaining 19 to what this deal was with this, that just with the dealings 1 | 20 at this meeting today. j 21 "0 Do you use any pesticides yourself at home now? ! 22 "A No, I don't. 23 "Q Have you everusedpesticides? 1 24 "A Yes, in the past five years I have. 25 "Q What kind of pesticides have you used? 127?' V-\2b6 1 "A I have two different fungicides. 2 "Q What arc those fungicides? - 84- 3 "A I have used Matnectic 6 Flowable Sulphur, and 4 Rollinon (pho ) Fungicide. 5 "Q Do you use chemicals as a carpenter, stains and 6 paint thinner and paint removers? 7 "A None of those that you mentioned very much. 8 "Q What kind of chemical do you use as a carpenter, if at 9 all? 10 "A Does that have something to do with what is being I) discussed here? 12 "Q Yes, it does. 13 "A Well, there is certainly some chemical formulas. Yes, 14 glue is associated with the construction industry. IS "Q Have you ever used any weed killers at all since your 16 working at the Forest Service? 17 "A No. 18 "Q What is your knowledge of weed killers, if any? 19 "A Well, we are in a pretty general class, weed killer. 20 But many of the herbicides that I have been able to find 21 out very much about have been, to my knowledge, is enough i 22 that it leaves me not to desire to use any of those products 23 on my own property. 24 "Q That is your personal choice that you would rather 25 not use the chemicals on your own property? i 1278 P--13GI 1 2 "Q That is correct. -85- Don't particularly feel personally that they are 3 safe, nor do you like these particular chemicals? 4 "A I don't trust the products that are put out for use 5 by the general public by the chemical companies, generally. 6 "Q Is that because you feel that the chemical companies 7 aren't motivated to put out a good product? S "A More than it seems to me that the chemical companies 9 put out a product without giving the users enough informa 10 tion about the possible harmful consequences of using those II products. 12 "0 Would it be fair to say that you don't particular!y 13 like the chemical companies? 14 "A I don't have anything particularly against chemical 15 companies. It's the products and the way they are presented 16 that I disagree with. 17 MQ Products that the chemical companies put out on the 18 market aren't they regulated by the Environmental Protection 19 Agency? 20 "A Yes. That doesn't seem to me to mean very much. 21 "Q Would it be fair to say that you don't trust the 22 Environmental Protection Agency or feel that the Environ 23 mental Protection Agency does not test or give enough time 24 or adequate time to test these products? 25 "A In the past five years, I would say that it has proven 1279 1 its.eIf to be quite true. -86- ) "Q Were il up to vou, would you fool a strike limitation 3 of herbicides in the environment should be employed? 1 4 "A I think that cautious use should be allowed in i 5 i circumstances that warrant it. | 6 "Q Do you think that the use of herbicides are warranted j I 7 under certain uses? | i 8 "A In specific cases. : 9 "0 Now, how far from the ground would you cut those 10 trees when you applied the hack and squirt method? 11 "A Breast height. 12 "0 How many cuts would be put in that particular tree? 13 "A It depends on the size of the tree. 14 j| "O Would it require more than one cut, depending on -- 15 jj "A h 16 "O Almost always. You would just put a stream of the chemical in that 17 cut and move on to the next tree once you spray it? 18 "A |j 19 "Q I! 20 !: "A In each cut. In each cut. Did you know James Greenhill personally? Yes. 21 j "Q i! 22 !l "A When did you first meet James Greenhill? I don't really recall the circumstances. I don't ; 23 i; really -- I didn't really know him that well. 24 !: "Q So would it be fair to say that he was not a particular 25 close friend of yours? mu 1 "A -87No. He was on a different crew than I was generally, "> and I mostly just knew him from seeing him around the 3 Forest Service. 4 "Q Do you know whether or not Mr. Goodnough was a friend 5 of his? t 6 "A I knew -- I know that Mr. Goodnough was a friend of -- 7 was Jim Greenhill's crew leader and worked together on the 8 fire crew. 9 "Q But you never worked with him on the hack and squirt, 10 Mr. Greenhi11 ? 11 "A No. 12 "Q Do you know Mr. Bramekes (pho)? 13 "A Yes. 14 "Q At the Forest Service? 15 "A Yes. 16 "Q Who is he? 17 "A He's a gentleman that is still -- that still works 18 for the Forest Service, as far as I know. He was involved 19 in the fire suppression part of the Forest Service here. j 20 "Q And the Fire Suppression Unit, what do they do? 21 "A Well, I am trying to recall the general term -- Fire ! 22 Suppression Unit. It's the fire department within each i 23 ranger district. There is one segment of each trained ; 24 district that deals specifically with fire. . 25 "Q In addition to the mechanical defoliation at times 1281 'i D-I3cf/ -88- 1 which was employed in the Rogue River Forest, were there 2 controlled burnings as well? 3 "A Yes, there was controlled burn. 4 "Q That was also another methodology of defoliation? 5 "A Yes. Well, defoliation of weed species. 6 "Q Yes. 7 "A No, normally -- in some cases, yes, it could be. 8 "Q Chemicals that were in the truck did you ever mix them? 9 "A No, I don't remember being involved in the mixing 10 mess. II "Q How were they placed in the truck? 12 | "A Ii 13 "Q What do you mean by that? When you say fumes, what kind of container? Where 14 were the spray bottles when you went out to the job site, ijl 15 j or how did that work? I! 16 "A The containers with the chemicals themselves in it 17 were put into the truck. Larger amounts of it in five- ii i 18 !j gallon containers, and the spray bottles were kept in the j;|i 19 :i truck as wel 1. I! 20 :l "Q Were they mixed someplace else? 21 "A To the best of my knowledge, they were mixed prior to ji 22 j| going into the field. I 23 | "Q Do you know whether or not the chemicals or herbicides 24 that were sprayed in the tree incision, whether it was 25 i| diluted or not? I 1282 D-I3b 1 "A No, I don't . -89- 2 "Q These five-gallon containers that were in the truck, 3 did they have labels on them? j j 4 "A Yes. 5 "Q What were the labelson them? t! l : i ! 6 "A I don't know. j jI 7 "Q So you don't recallwhat chemical labels or anything j 8 were on those five-gallon containers that were in the truck j I! 9 themselves? 1 10 "A It seems to me that the chemical, to the best of my 11 knowledge, the chemicals were mixed before going out, and ! 12 that they were put in the truck. I can't recall whether 13 the containers in the truck were necessarily containers 14 that chemicals had come in or whether there were other IS containers that they were being carried in. [ 16 "Q Would it be fair to say in hack and squirt work that 17 when you would get in the truck chemicals will be put in 18 the truck already mixed and in different containers from l 19 what they originally were in? 20 "A That is a possibility of that. 21 "Q So what -- when you would go in your truck there would 22 be containers of the diluted or mixed chemicals in your 23 truck that were mixed by someone else? j 24 "A Yes, t'-at is right. 2S "Q You yourself never oarticipated in the mixing? ! ! i 1283 i p-/3t>b | 1 "A , I never did the actual mixing. -90- 2 "Q 3 4 5 "O I think I am all finished." MR. BALDWIN, JR.: Redirect by Mr. Baldwin. REDIRECT EXAMINATION BY DEPOSITION I have just a few follow-up questions, Mr. Tipton. ! i ; i 6 When you say truck, what kind of vehicle were you actually 7 in when you were going from the station to the job site? j 8 "A We were in a vehicle that -- I don't know whether j 9 it had three rows of seats or two, but it was totally 10 enclosed and the back doors opened up to each side. It , ji 1! was completely enclosed. i 12 "O Were the chemicals inside with you? 13 "A Yes. 14 "Q Now there has been some discussions about labels here IS today, and I've got aquestion for you as a person who has 16 read these labels and as a layman, and as all laymen are 17 supposed to read the labels, do you feel you were given 18 adequate information as to the use and given fair warning 19 from the labels you road? 20 "A No. ' i 21 "Q You said you never worked with JimGreenhill, is 22 that true? 23 "A Yes. 24 "Q So youdon't know whether heengaged in anyhorseplay 25 or any other activities like that, do you? V-\132b814, 1 "A "> Q -91No. Now isn't it also true that you have been contacted 3 by the Dow Chemical lawyers? 4 "A Yes, they've called me on the nhone one time. 5 Q Do you know who it was that you talked to? 6 "A No, I don't. 7 "MR. BALDWIN, JR.: I believe that's all I hav 8 Thank you." 9 This is recross by Mr. Ortego: I O RECROSS EXAMINATION BY DEPOSITION li "0 Sir, you told Mr. Baldwin here you have read the 12 labels. Do you remember what you read? Can you sit her 13 today from, I guess eleven years ago, and tell us what w 14 on those labels? 15 "A I certainly couldn't remember all of the specific 16 wordi ng. 17 "0 A 1so is it lair to say if you don't remember the 18 wording as you sit here today you can't say in fairness 19 whether it's adequate or inadequate? 20 "A That what is? 21 "Q The label warnings? You don't know? You didn't 22 know what is on the labels, so you don't remember? 23 "A I know that in reading the labels at that time tha 24 it certainly gave me cause to wonder why these things 25 weren't more specifically labeled. i P -I3 0 S i -92- \ 1 "Q . You say "more specifically labeled." What labels \ "1 did you read? Can you tell us exact labels as you sit 3 here today? 4 "A I am sure that I read the labels on the containers 5 o f Tordon 101. 6 "Q The Forest. Service' list'd other chemicals other than 7 Tordon 101? 8 ''A I am sure I looked at them as well. 9 "Q Would it be fair to say that the Forest Service used 10 different chemicals in its chemical management? 11 "A They used several at least. 12 "Q Other chemicals manufactured by other chemical 13 companies other than Dow Chemical Company? 14 "A I don't know.I don't really know. 15 "0 Who told you that Tordon 101 was manufactured by the 16 Dow Chemical Company? 17 "A Well, I know that it was from that time period from 18 being told that. 19 "Q 20 "A Who told you that? Crew leader. 21 "Q You yourself personally have no knowledge as an expert 22 in the field of chemicals who manufactured Tordon 101 23 except what you were told? 24 "A 1 remember the name "Dow." I remember the Dow' name 25 on the container. P-130^ ! -931 " Q . But you also remember seeing other chemical labels 2 from other manufacturers? 3 "A Seeing other chemical -- 4 "Q Other products there besides Tordon 101 that the 5 Forest Service used, weren't there? 6 "A Yes, I already answered that. 7 "MR. ORTEGO: That's it." 8 THE COURT: Does this complete this deposition? 9 MR. BALDWIN, JR.: Yes, sir. I O THE COURT: Let's take a fifteen minute break. II Be back in the jury box at five till eleven. 12 (Recess at 10:42 a.m., until 10:55 a.m.; open court, 13 jury and all parties present) 14 THE COURT: Please be seated. Call your next 15 wit ness. 16 MR. BALDWIN, SR.: Your Honor, we have some 17 documentary evidence to offer at this lime. We will offer 18 Plaintiff's Exhibit 20 X which is a document from Dow 19 Chemical showing that they made Tordon 101. We will just 20 read portions of it. 21 THE COURT: This is your Exhibit No. 20? 22 MR. BALDWIN, SR.: "X." 23 MR. ORTEGO: Mr. Baldwin, this document is in 24 Spanish? 25 MR. BALDWIN, SR.: On the back page. 1 O7; P-/3|b I ] MR. ORTEGO: May we approach? -94- 2 MR. BALDWIN, SR.: The back page is not. 3 THE COURT: All right, go ahead. 4 MR. BALDWIN, SR.: It's a Dow Chemical document, 5 "Physical Properties (Typical, Not Specifications) Tordon 6 101 Herbicide Mixture: Picloram, picloram equivalent, 7 2,4-Dichlorophenoxyacetic acid, 2,4-Dichlorophenoxyacetic 8 acid, equivalent." 9 We offer that simply to show that Dow manufactured 10 Tordon 101. 11 MR. ORTEGO: Judge, I think to make it simpler, 12 the part of the1 document I have a problem with is not in 13 English. But I will gladly stipulate that the Dow Chemical 14 Company manufactures Tordon 101. There is no problem with 15 that. I will stipulate. 16 TIIK COURT: All right. 17 MR. BALDWIN, SR.: And they hold a registered 18 patent to it, is that right? 19 MR. ORTEGO: Well, I have some objections to some 20 of the things in here because they are irrelevant, but I 21 will stipulate to the Tordon 101. -)2 MR. BALDWIN, SR.: And, Your Honor, next we have 23 some Government documents. 24 THE COURT: What numbered exhibit is that in your 25 list in your Pre-Trial Order, or is it? 128 8 P-1311 -95- ] MR. BALDWIN, SR.: It's 22 X on our Exhibit List. r j 2 It's 20 X , I'm sorry. i 3 THE COURT: Go ahead. j 4 MR. BALDWIN, SR.: We offer some Government 5 documents, 11 a, h, g, f, e, d, like dog, c, 11 c, and 11 b; ; i 6 and these are documents furnished to us by the Government ! I i 7 relating to the time frame in which Mr. Greenhill was working 8 and the forest that he was working. 9 MR. ORTEGO: May I see them, Mr. Baldwin? ! 10 MR. BALDWIN, SR.: Yes, you have copies of them. i 11 MR. ORTEGO: Well, I don't know which ones. There! 12 are a lot of these. 13 (Mr. Baldwin, Sr. tenders exhibits to Mr. Ortego) 14 MR. BALDWIN, SR.: I think it would be better if 15 I just read from the document. 16 MR. ORTEGO: If I can jusi see what they say 17 first. 18 THE COURT: What is 20 X? I didn't get what it i 19 was. 20 MR. ORTEGO: 20 X, Judge, is a two-page document 21 which consists of one page in Spanish and one page in English, 22 and "Tordon 101 Mixture Herbicide." And I don't have any 23 objection to this. The Spanish part, I don't know whether I j 24 the Jury will understand, but the English part I have no 1 25 problem. 1289 V- i ; ] THE COURT: All right. -96- 2 MR. ORTEGO: Go through each individually, Your 3 Honor? 4 THE COURT: Well, I nssume that those exhibits 5 have been exchanged between the parties. 6 MR. ORTEGO: Well, what happened, Judge, is that 7 Mr. Baldwin's original Exhibit 11 consists of about 200 8 documents, and I am .just trying to see which one they are, 9 and they are individual. I O THE COURT: Go ahead. Go ahead and look at it. 11 (Mr. Ortego examining documents.) 12 MR. ORTEGO: Judge, I do have an objection to 13 these documents on some of them is that the dates are not 14 the dates in which Mr. Greenhill worked. Some of these 15 documents are from 1981, when Mr. Greenhill left the Forest 16 Service in Oregon in 1978, and it also deals with parts of 17 the Forest Service that he didn't work at. But subject to 18 that, I mean -- I see one date here '81, '81. They involve i ! i 19 some other previous dates. There axe reports done here obviously j 20 I think four years afterwards. 21 MR. BALDWIN, SR.: These reports were done after ; i 22 the fact, but they relate. They have dates in there that . 23 relate to the time of Mr. Greenhill. ! 24 MR. ORTEGO: Subject to that, realizing that 25 some of these things are from the -- I see some of the forest 1230 P - I3 IS . 1 areas arc not where he worked either. 2 THE COURT: Overruled. -97- 3 MR. BALDWIN, SR.: These are documents furnished 4 to us by the Government. 5 THE COURT: I would suggest to the attorneys 6 that just in the interest of time that all these matters II | j ' 7 that you expect to introduce that you get together and maybe ' 8 take a look at these things before this point, so that we 9 will not have the delay. 10 MR. ORTEGO: I will do that. Mr. Baldwin and I t J 1) will meet this afternoon,and we will gladly do that. | 12 THE COURT: All right, go ahead. 13 MR. BALDWIN, SR.: These are documents furnished 14 to us by the Government relative to the herbicides used in ' 15 the Rogue River National Forest, the Applegate Ranger Dis- ; 16 trict where Mr. Greenhill worked. 11 e shows unit for year 17 for spray of 2,4-D; 11 h shows a unit for the year '77, and : 18 it shows for the year '79 also, and it shows Tordon 101; 19 11 g shows the date, July '77, and '78 also, and it shows 20 2,4-D. 21 MR. ORTEGO: Judge, I don't have any objection 22 to reading exactly what's in the document, but summarizing j . ii 23 them the way he views them to be I don't think is appropriate.^ 24 If he wants to read what the document says -- J4-. 25 MR. BALDWIN, SR.: I don't mind the Jury -- handin 1291 , p - 131^ -98- 1 them to lho Jury. In view of the Court's ruling, I was not 2 read ins other matters in the document. 3 MR. ORTEGO: If you want to for those purposes, 4 I don't have any problem with that. 5 THE COURT: Go ahead, Mr. Baldwin. Overruled. 6 MR. BALDWIN, SR.: This shows date May '77. 7 THE COURT: Of course, I am not cutting you off 8 from any ruling in which you indicate he may be reading 9 something that's not on there, which I don't anticipate 10 happening. 11 MR. BALDWIN, SR.: Tordon 101. 12 THE COURT: Is this 11 g? 13 MR. BALDWIN, SR.: That was 11 d, like dog. 14 THE COURT: All right. 15 MR. BALDWIN, SR.: 11 c it shows the date 6-'76, 16 again Tordon 101; and 11 b, like boy, shows a date May of 17 ' l l , and you can barely make out Tordon 101; and 11 a shows 18 again November of '76, Tordon 101. 19 It's my understanding you did not want to pass 20 those' to the Jury al. this time1? 21 THE COURT: Unless the attorneys think that it 22 should be. 23 MR. BALDWIN, SR.: I don't think in view of the -- 24 MR. ORTEGO: Just one thing, if I can just read 25 the caption at the top of the document to the Jury, since 'p~/3ifT ] we are here? > THE COURT: Yes, you may. -09- 3 MR. ORTEGO: I don't think it's necessary to 4 pass -- if these records are places in the Forest Service 5 in which chemicals were used, and not Mr. Greenhill's 6 personal records, just areas in different parts of the 7 United States' Forest Service. 8 MR. BALDWIN, SR.: Those are United States i 9 Government records. IO MR. ORTEGO: Oh, absolutely, sir, but they are I I not Mr. Greenhill's records. They are from different Forest 12 Service records from different forests. 13 MR. BALDWIN, SR.: Shall I proceed, Your Honor? 14 THE COURT: Go ahead. 15 MR. BALDWIN, SR.: Mrs. Greenhill. 16 (The witness is sworn.) 17 ANN I. GREENHILL, 18 having been duly sworn, testified as follows: j 19 DIRECT EXAMINATION 20 BY MR. BALDWIN, SR.: 21 Q Would you give us your name, please? 22 A Ann Irene Greenhill. 23 THE COURT: Now, Mrs. Greenhill, you are going to ! 24 have to talk louder than that so we can hear vou. 25 THE WITNESS: Okay. P - 131(=> 1A Ann Irene Greenhill. - 100- Q Ms. Greenhill, this is a big room. As the Judge 3 told you, please hold your voice up so the Jury can hear 4 what you have to say. SA Yes, sir. 6Q Could you tell us when and where you were born? 7A 8Q I was born in Birmingham, England, July the 9th, 1942. And what education did you receive, Ms. Greenhill? 9A I completed high school and two years of technical 10 college. II Q 12 A And where did you go to college? I went to college in Birmingham, Bornville, England. 13 Q And did you work while you were in college? 14 A Yes, sir. 15 Q And where did you work, Ms. Greenhill? 16 A I worked at Cabrey (pho) Brothers. 17 Q And what was your .job? 18 A I was a Hollowith (pho) keypunch operator. 19 Q Now, after you finished your two years of -- is that 20 equivalent to two years of college here in the U.S.? 21 A Yes, sir. 22 Q What did you do next? 23 A 1 went to Germany. 24 Q And what did you do in Germany? 25 A I worked in a hotel. 1294 v - 13 1 7 IQ 2A As what? A chambermaid. -101- 3Q All right. Could you speak the language when you first 4 got to Germany? 5A No, si r . 6Q Did you try to learn the language? 7A 8Q Yes, sir. How did you do that?j 9A I went to the Billet School of Language in Frankfurt, 10 Germany. 11 Q Did you ultimately learn to speak the German language? 12 A Yes, sir. 13 Q And what wasyour next job? 14 A An international operator. 15 0 Now what do you mean when you say "international 16 operator"? j 17 A I worked for the U. S. Government at army headquarters .ij 18 in Frankfurt on the red lines. !I 19 Q And what did you do? ii 20 A On the telephone switchboard, I operated the red lines 21 for the generals, and I did directory inquiries for the U.S. 22 Army. 23 Q For somebody who doesn't understand, what do you mean j 24 when you say you operated the red lines for the generals? I 25 A I Their confidential lines come onto your switchboard to 1295 ! P - 131$ i - 102- I the generals that you have to transfer important telephone 1 calls to. 3Q And how long did you hold that job? 4A A year and a half. 5Q And what did you do next, Ms. Greenhill? 6A I came to the United States. 7Q And where did you come? 8A I came to New York. 9Q 10 A All right, and where did you go next? I went to Seattle, Washington. 11 0 Why did you go to Seattle Washington? 12 A I had some-- met some friends in Germany from Seattle. 13 Q You just wanted to come to the United States? 14 A No, I came with a girlfriend of mine and she had met 15 somebody over here, and we decided just to come on. We were 16 single at the time. 17 Q And what did you do in Portland? 18 A In Portland I worked for Hertz Rent-a-Car. 19 Q All right. Were you married? 20 A When I worked at Hertz, yes, sir. 21 Q Did you have achild? 22 A Yes, sir. 23 Q Did that marriage end in a divorce? 24 A Yes, sir. 25 Q And when was that? 1296 1A 2 Q In 1964, approximately. All right, were you married a second time? -103- 3A Yes, sir. 4Q And who did you marry the second time? 5A Frederick Shorn Louevering (pho). 6Q All right, and did that marriage end in divorce? 7A Yes, sir. 8Q 9A All right. Can I make -- can I say something? 10 Q II A Yes. It wasn't in 1964 when I divorced my first husband. 12 It would have been in 1970. 13 Q All right. Now did you ever meet Mr. Greenhill? 14 A Beg your pardon? IS Q Did you ever meet Mr. Greenhill? 16 A Yes, sir. 17 Q Mr. Jim Greenhill? 18 A Did I ever meet him? 19 Q 20 A Yes. Yes, sir. 21 Q Obviously. And that was after you had gotten your 22 second divorce? 23 A Yes, sir. 24 Q 25 A When did you meet Mr. Greenhill? I met Mr. Greenhill in 1975. 12-97 I i P-I3P6 I 1 Q And where was that? 1 A In Medford, Oregon. 3 Q And what were you doing in Medford, Oregon? -104- i i 4 A I was working for the State of Oregon at that time. 5 Q And were you and Mr. Greenhill married? | | 6 A Yes, sir. 7 Q And when did you marry? 8 A March the 20th, 1976. 9 Q And what was his job at that time? 10 A At that time he was working for A1 B. Company. 11 0 And doing what? i: A He was a traveling salesman. He delivered hardware ! 13 and stuff. 14 Q And where was that? 15 A In Medford. 16 Q Did he have a job after that? 17 A Yes, sir. 18 Q And what job was that? 19 A He worked at Copeland Lumber. l | I 20 Q And what did he do at Copeland Lumber? ' 21 A He drove a forklift. it Q All right. Do you know the date of birth of Mr. 23 Greenhi11? 24 A Yes, it was the 4th of November, 1948. 25 Q And did I ask you your date of birth? j r 1298 p-r3a/ 1A 2 Q 3A Yes. I asked you where, I know. Yes, you did. -105- 4Q 5A And did you and Mr. Greenhill have a child? Yes -- no, sir. 6Q Did Mr. Greenhill have a child by any other marriage? 7A 8Q 9A Yes, sir. And is that the son who sits here in the courtroom? Yes, it is. 10 Q 11 A And how old is he? He is twenty. 12 Q What did Mr. Greenhill do after the job you told us he 13 had with Copeland Lumber? 14 A He started working for the U.S. Forest Service. 15 Q And do you know about when that was? 16 A It was in 1975 -- '76. 17 Q '76. And tell me whether or not Mr. Greenhill was an 18 outdoors person? 19 A 20 Q Definitely. He loved the outdoors. And would he take a job making less money in order to 21 be outdoors in another type work? 22 A Yes, sir. 23 Q All right. You said he went to work for the Forest 24 Service in 1976? 25 A Yes, sir. j> !3a a i -106- ! Q And is that the United States Government Forest Service? 3 A Yes, sir. 4 Q And where wasthat? 5 A That was in Medford. Well, it was in Jacksonville, 6 outside of Medford. 7 Q Is that what is known as the Rogue River National i 8 Forest? 9 A Yes, sir. 10 Q The Applegate Ranger District? 11 A Yes, sir. 12 Q And what was his .job title? 13 A Hack -- well, firefighter. 14 Q He was primarily a firefighter? 15 A Yes, sir. 16 Q Do you recall what he' made when he was in Oregon 17 per hour? 18 A About six dollars and some cents per hour. 19 Q My records showS6.12 per hour, is that correct? 20 i1 A Yes, sir. i 21 i 0 And laterdid youmove to Arkansas? i! I A Yes, sir. I 23 O And my records indicate -- or your records indicate J] 24 :i!i his earnings in Arkansas were high of $8,366 per year, and 25 a low of S7,930 per year, is that correct? 130-0 ! I1 P-1353 I 1 A That's correct. -107- 2 Q Now, as a firefighter did Mr. Greenhill have any other 3 duties? ! 4A 5Q Yes, sir. And what were they? i i 6 A He was on the hack and squirt crew. 7Q 8A All right, how often would thev hack and squirt? They hack and squirt daily five days a week for three jfl f i 9 to four months out of the year. 10 Q All right, do you know when the hacking and squirting | ( i 11 season was? i i J2 A In the spring of the year. Well, it started at the 13 end of October and it continued on for approximately four 14 months. 15 Q To March? . 16 A Yes, sir. 17 Q Well, that would be what we call the fall of the year. 18 A Yes, sir. 19 Q All right. So then did he -- when did he go to work ! I 20 in '76 for the Forest Service? 21 A What -- what time of the year? In the beginning of 22 the year. 23 Q Was it June? 24 A Yes, sir. 25 Q Well, June is not thebeginning of the year, isit? j t j 1 i 1 i i ; i ! 1301 1i i IA 2Q No, the middle of the year. I'm sorry. -108- i So if he went to work somewhere in June or that ; 3 neighborhood of '76, would that mean he hacked and squirted | 4 October through March of '7 6 and '77? 5 A Yes, sir. 6 Q And when did he leave? : 7 A We left in March 1978. ! 8 Q All right, so that would meanhe worked -- hehacked 9 and squirted in October of '7 6 -- 10 A Uh-huh. 11 0 -- through March -- 12 A Yes, sir. 1 i i ; j 13 Q -- October of '77 through March -- 14 A Yes, sir. 15 Q -- and October of '78 16 A Yes, sir. 17 Q -- through -- up till March when he left? 18 A March, yes, sir. 19 Q So that would be three years he worked as a hack and 20 squi rter? 21 A Yes, sir. n Q And what did he do during the summer months? 23 A They fought fires and planted trees and cleared, made 24 trails, cleared the forests. 25 Q And then you moved to Arkansas? 1302 ! p-i3 1 A Yes, sir. 2 Q And why did you move to Arkansas? -109- 3 A Jim had put in for a transfer for Idaho or Arkansas, 4 and we got Arkansas. 5 Q All right. And why did he want to transfer? 6 A To Arkansas mainly because his parents were in 7 Alabama. 8 Q He wanted to be closer to his family? 9 A Yes, sir. 10 Q Did he work in the Forest Service in Arkansas? 11 A Yes, sir. 12 Q When was that? 13 A He began work in April, I believe it was, of 1978. 14 Q All right. And was it the same type work he did in 15 Oregon? 16 A He was a firefighter here'. 17 Q 'Well, he was a firefighter in Oregon? 18 A In Arkansas, yeah. 19 Q I mean in Oregon he was also? 20 A He was also, yes. 21 Q Now let's go back and talk about Oregon. 22 A Yes, sir. 23 Q Do you know whether or not he was working with 24 herbicides in Oregon? 25 A Yes, sir. 1p 3- i03 23< o 1Q -110- Do you know if he was working with herbicides when he T worked as a hack and squirter? 3 A Yes, sir. 4 0 Do you know whether or not his job involved killing 5 trees? ! i iI 6 A Yes, sir. 7 Q Did it? 8 A Yes, it did. 9 Q Did you ever -- well, did you know that he -- his job 10 was that of a hack and squirter? 11 A Yes, sir. | 12 Q Do you know what a hack and squirter is? 13 A I do. 14 MR. ORTEGO: I am going to object to this line i 15 of questioning unless she knows what he did at work every 16 day or saw what he did. That's personal information besides: 17 the hearsay that whaL might bo told to her. 18 THE COURT: Overruled. 19 (Mr. Baldwin, Sr. continuing:) I I t 20 Q Tell us what your "understanding of what his job entailed 21 as a hack and squirter? ! 22 A He went out with an ax, and they had squirt bottles, ! 23 which they hacked the tree and squirted it into the incisions 24 that they made with the ax. 25 Q And what did they squirt into the trees? 1304 1 V- 1327 I 1 A Tordon 101. - 111- j l 2 Q Now, what would be the appearance of his clothing when ; 3 he came home in the afternoon after working as a hack and j I 4 squirter? , 5 A Soaking wet. I I 6 Q What portion of his clothing would be soaking wet? 7 A His left leg. ! 8 Q From where to where? 9 A The main part of it wasfrom his knee to his ankle, 10 but he was wet most of the day from his waist down to his 11 ankles. i 12 Q Do you know what it waswet with? 13 A Yes, sir. 14 Q What? 15 A Herbicide, Tordon 101. 16 Q Did it have an odor? Ii ' iI j i : 17 A Yes, it did. [ 18 Q A very distinct odor? 19 A A very pungent, nasty odor. 20 Q And could you tell it? 21 A Yes, sir. 22 Q Who washed his clothes? 23 A I did. i 24 Q Now, how often did he work in Oregon? Was it a five 25 day week, six day week, or what? 1305 D' 0 1*" IA 2Q Five day week. And how many hours a day did he work? -112- 3 A Eight. 4 Q And how many months a year did he work as a hack and S squi rter? 6 A Three to fourmonths every year. 7 Q So would that mean that three or four months out of 8 every year he worked eight hours a day on a five day week -- 9 A Yes, sir. 10 Q -- hacking and squirting this herbicide? 11 A Yes. 12 Q Tordon 101? 13 A Yes, sir. 14 Q Please tell us whether or not you noticed anything IS abnormal about his leg? 16 A He had a rash on it, flaky rash. 17 Q On his left leg? 18 A Yes, sir. 19 Q Do you know whether he was right-handed or left-handed? 20 A He was right-handed. 21 Q So would that mean he carried the squirtwith his 22 left hand and he hacked with his right hand? 23 A Yes, sir. 24 Q Would that explain to you why his left leg got soaked? 25 A Yes, sir. D - 13^7 IQ 2A 3Q Did the rash on his left leg ever go away? -113- No, sir. Do you know who made the Tordon 101 that he used? 1 1 i II 1 4 A Dow Chemical. 5 Q And you told us you moved to Arkansas? ! ii i 6 A Yes, sir. 7 Q I believe you said March of '7S? i 8 A Yes, sir. 9 Q Was he working as a hack and squirt operator -- 10 A When we left? i , ! 11 Q -- when you left Oregon? j 12 A Yes, sir. 13 Q How long did his rash last? 14 A It lasted until they put him on chemotherapy. i I 15 0 Now let's talk about his illness. What's the first ! 16 incident or advice or knowledge that you had that he had 17 anything wrong with him? 18 A They diagnosed in hospital. 19 Q When was that? 20 A That was the end of December of 1978. i I ! i j 21 Q And what occasioned him to be in the hospital in 22 December of 1978? 23 A He had an accident at work. 24 Q What happened? ! i ! : 25 A i He slipped on a rock. It was icy outside. He slipped 1307 V - 1330 I and fell onto his rear end. 2 Q Did he have pain? -114- 3 A Yes, he had severe pain in his back. 4Q 5A Did he at first think it was simply back trouble? Yes, he thought he'd just fallen down. i 6 Q And what did Dr. Teeter do? 7 A Dr. Teeter treated him with mild medication, like 8 aspirin, and then sent him to a specialist. : I ! ; I 9 Q What type of specialist? 10 A A bone doctor. 11 Q And who was that? [ i 12 A Dr. Kolb of Russellville, Arkansas. 13 Q Did Dr. Teeter think he had a back problem? 14 A I'm not sure. 15 Q And what did Dr. Kolb do, if you know? 16 A He put him into therapy, whirlpools, back brace, 17 aspirin. 18 Q Did he tell him to go back to work, or to take time 19 off, or what? i | 20 A He told him to go on and go back to work. 21 Q At this time was Mr. Greenhill in any kind of pain? 22 A Excruciating pain. 23 Q Where? What part of his body? 24 A Mainly in his back, but all over. It affected his 25 whole body. 13-08- D-13 31 i IO -115Dicl It affect the way he walked, his extremities, or 2 his arms? 3 A Yes, sir, he leaned over. I 4 Q Because of the pain? 5 A Because -- yes, sir. 6 Q All right. And what happened next, Ms. Greenhill? 7 A He tried to go back to work and couldn't stand or sit 8 for any long period of time, so they sent him home. And 9 he went back to Dr. Kolb. Dr. Kolb sent him into hospital, 10 St. Mary's, where they diagnosed cancer. 11 Q And what did they tell him he had? 12 A He had -- 13 MR. ORTEGO: I am going to object, Your Honor -- 14 A He had cancer. IS MR. ORTEGO: -- to hearsay. i I 16 THE COURT: I sustain the objection. I sustain 17 the objection to what they told him he had. 18 (Mr. Baldwin, Sr. continuing:) 19 Q Do you understand what his problem was, or what 20 condition he had? 21 A Yes, sir. 22 Q What was it? 1I ! 23 A Cancer. 24 Q Cancer of what part of his body? 25 A Lymph nodes, the lymph system, I'm sorry. 1309 1 Q Was he in pain? 2 A Yes, sir. -116- 3 Q And who treated him for the cancer? 4 A Dr. Feeher. 5 Q And now when was that diagnosis made? 6 A The diagnosis was made in December or early January 7 of '79. 8 Q Did they perform any tests on him? 9 A They did a biopsy. 10 Q And where was that? II A On his neck. | ; i ! 12 Q Where'? I m e a n , w hal c i t y , tow n? 13 A Oh, sorry, that was at St. Mary's Hospital in 14 Russellville, Arkansas. 15 0 Now did they do chemotherapy? 16 A Yes, sir. 17 0 And did they do radiation therapy? 18 A Yes, sir. 19 Q 20 A 21 Q > A Tell us about the radiation therapy. II* The first one or the second one? j The first one. ! j 1 I They put Jim onto radiation because he couldn't -- his 23 blood wouldn't stay up long enough to take the chemotherapy. 24 Do you want me to tel 1 -- 25 Q Well, let me just ask you this, Ms. Greenhill, I may be. 1310 D- 133 3 -117- ; ] getting ahead of myself. Did he have chemotherapy first or j 2 radiation therapy first? 3 A He had chemotherapy. 4 Q First? 5 A Two courses, yes, sir. 6 Q Well, tell-- let's keep in chronological order -- i ! i 7 A Okay. j 8 Q -- if we can. Tell us, then, whattreatment he ! i 9 received first. ! 10 A Okay, they started him on chemotherany in June of 1979, ! ! 1! and he took two courses and they had to take him off of it. j 12 In November they put him on radiation, and he did one 13 session of that and then -- 14 Q How long did the radiation take? 15 A Twenty-eight days, every day. j i| i ! i 16 Q All right, now let's stop here a minute and talk 17 about whether or not he had any problems with either the 18 chemotherapy or the radiation therapy? 19 A He had a lot of problems with both. 20 Q Would you explain what type problems he had? Did it 21 make him sick or what? 22 A It made him nauseous, made him dizzy, had excruciating I 23 joint pain, and that was one of the reasons they took him 24 off chemotherapy. He was irritable. 25 Q Did he lose weight? 1311 ! P - / 3 3 1/ ! IA -118- 1 He lost a lot of weight. He lost over 150 pounds. ! -> Q 3A In what period of time did he lose that weight? Over six years. i 4 Q All right. It was six years fromthe time he was 5 diagnosed until the time he died? 6 A '79 -- seven years total. I | ii 7 Q And during that period of time he lost how much weight? 8A 9Q Approximately 150 pounds. Did he lose any of his beard? 10 A On the first session of radiationhe lost all ofhis 11 hair. He had a large beard, and he lost his hair from i j !I 1 12 where they marked him from here (indicating) down to his 13 lower stomach. He lost his voice. The radiation affected 14 his voice box, and he didn't speak -- well, off and on 15 like he had 1aryngitis-type thing. And up until the time 16 he died, he had swallowing problem, dryness of the throat, 17 from the radiation where they had radiated too-- I guess 18 where? they had blocked off his voice box, they didn't block 19 it off completely, I guess. 20 Q All right, did he become depressed? 21 A Yes, he was very depressed. He talked about the 22 quality of his life was not good. j ! ! 23 Q Did he, at the time he was depressed, did he lose his 24 desire to do things? 25 A He lost his desire to do everything. He couldn't do 1312 P -I2>3b I i }j - 1191 anything physically, but he lost his desire to do anything 2 because of watching me do it all, I guess. 3 Q Without telling the Jury what he said, tell us whether 4 or not he discussed with you the possibility of taking his 5 life due to the fact he was suffering so much? 6 A Yes, he did discuss that. 7 MR. ORTEGO: I will object to this line of 8 questioning, Judge. 9 THE COURT: I sustain the objection in the manner 10 in which you asked the question. 11 (Mr. Baldwin, Sr. continuing:) 12 Q Ms. Greenhill, I am not asking you to tell us anything 13 that Mr. Greenhill told you. I simply want you to tell us 14 whether or not he discussed the possibility of taking his 15 life because of the pain and suffering he was in? 16 A Yes, he did. 17 Q What about his hobbies, did he continue to do his 18 hobbies? 19 A No, sir, he couldn't do any hobbies because they all 20 involved the outdoors. 21 Q Was he in pain? 22 A Yes, he was always in pain. 23 Q What part of his body hurt? 24 A His body hurt all over, mainly his back. 25 Q What about his relationship with you as man and wife, 1313 >-133L> 1 was that affected? - 120- > A Yes, tremendously. We didn't sleep together anymore. 3 We couldn't. Jim had to sleep in a hospital bed in a certain I 4 position because the pain to his lower back. j 5 Q Did you have to sleep in a separate bed? 6 A Yes, sir. 7 Q Well, what about his condition, how did it progress? 8 Did it get better, get worse? 9 A He got progressively worse. I O Q Did he deteriorate? 1] A Yes, he looked like a corpse. 12 Q What about his condition both mentally and physically? 13 A Mentally, he was very depressed. I guess feeling 14 inadequate being the male of the household played on his 15 mind a lot. 16 Q Now, then would it be accurate for me to say that his 17 condition both mentally and physically deteriorated rapidly? 18 A Yes, sir, it did. 19 MR. ORTEGO: Object to the leading of the witness. 20 THE COURT: I sustain the objection. 21 MR. ORTEGO: Could we have the answer striken 22 then, please, Your Honor? 23 (Mr. Baldwin, Sr. continuing:) 24 Q Now, let's talk about the chemotherapy. Did they give 25 him any medicine along with that? 13141 P - 1337 j ]A That was in 1986. -123- 2Q And how long did that last? 3A | He took two courses and was taken off, for his blood | | 4 was too low to take anymore again. ! i I 5 Q Was it stopped because he couldn't stand it anymore? ` t I 6 A He couldn't stand anymore pain, and he just couldn't | 7 make himself do anymore. 8 Q And at that time do you know whether or not his liver | 9 had become affected? ii 10 A Yes. 11 MR. ORTEGO: Well, Judge, I am going to object 12 to this scientific question. This is really for a doctor. 13 THE COURT: I sustain the objection. 14 (Mr. Baldwin, Sr. continuing:) IS Q Now did he have any problem that required any surgery 16 along about that time? 17 A Yes, sir, he did. 18 Q And what was that? 19 A He had surgery on his liver where the cancer had 20 started in the soft tissue behind the back. I 21 MR. ORTEGO: Judge, I am going to object to this 22 line of questioning where the cancer started. She is not 23 a medical doctor. j 24 THE COURT: Overruled. Overrule the objection. 25 (Mr. Baldwin, Sr. continuing:) 1315 V-133# , ii i 1Q -124Just tell what you understand, and what you know the 2 type surgery he had. 3 A I know he went in the hospital because the cancer 4 had broken out in an area of his back at that time. They 5 went in there and they found cancer in his liver and they 6 put what they call, I think it's a J-stint, which opens it 7 to the ureter to allow his kidneys to function, because one 8 of his kidneys had stopped functioning because this tube 9 had closed over, that they inserted this plastic tube to 10 make it work. 11 Q Do you know when they took him off of chemotherapy for 12 the last time? 13 A The last time Jim came off chemotherapy was in July of 14 1979 -- I mean '86. IS Q And without again discussing any conversation between 16 he and the doctor, did or not he know he was to die? 17 A It was inevitable. We were told that from the 18 beginning. 19 o And did he accept this and discuss it with you? 20 A He accepted it as wel 1 as anybody could, and he did 21 di scuss it with me, yes , sir. 22 Q Was his son aware that his father was about to die? 23 A Yes, sir. 24 Q Was his son with him, living with him , at that time? 25 A Jimmy came out, yes, sir. 1318 ' P-/33? | 1Q -125All right, now tell us what happened then on the day 2 he died. 3 A The day -- 4 Q When was that? S A Jim died July 28th, 1986. 6 Q Just describe what happened. 7 A From the beginning? 8 Q Did he wake you up? 9 A He woke me up at ten minutes to six on that morning. IO MR. ORTEGO: Judge, I would object to this line 11 of questioning. I don't see how the relevance of the day 12 he died has to the lawsuit. I know it invokes sympathy, 13 and it is a very sad story, but I don't understand the 14 15 THE COURT: Overruled. 16 (Mr. Baldwin, Sr. continuing:) 17 Q I know this is hard for you, Ms. Greenhill, but it is 18 one of the matters the Jury has got to consider. 19 A Yes, sir. 20 THE COURT: You are objecting to what the deceased 21 told his wife -22 MR. ORTEGO: Yes, Your Honor. 23 THE COURT: -- said to his wife? i I i I 24 MR. ORTEGO: Yes. 25 THE COURT: Overru1ed. 1317 D-r?Vo I 1 (Mr. Baldwin, Sr. continuing:) -126- 2 Q Just go ahead and tell us what, the best you can, what 3 happened. 4 A I was awoken at ten minutes to six. Jim told me he I j 5 couldn't breathe. He needed air. It was very hot that ! 6 summer. And I helped him into the bathroom because he j 7 said he needed to use the bathroom. He couldn't sit onto 8 the stool. He said -- he lost control of his bowels, and I 9 he fell in front of me on the floor and kept telling me he j 10 needed air, give him air. So his sister was there at the 1] time visiting. I called her and we both drug him outside 12 onto the ground outside. I got a fan and put a fan on him 13 because he kept telling me to give him air, and so I tried 14 to do mouth-to-mouth. And in the meantime, I called the 15 hospital to get them to send the ambulance on the way. This 16 had already been discussed if some emergency came up, 17 because? we live pretty rural. i 18 And I started to give Jim mouth to mouth resuscitation j 19 and it wasn't very long after that he started hemorrhaging \ 20 from tlie mouth and saying "Give' me air," and I kept doing 21 that, and he died while I was giving him mouth to mouth. 22 Q Whatis the last thing he said to you? \ i 23 A The lastthing he said to me was he loved me, he loved i 24 the kids, and he hoped God forgave him. 1j1 i 25 Q Now, Ms. Greenhill, let's try to talk about some happier P1-i23>1y8/ i; I things. -127- 2 A Yes. 3 O Let's talk about some of the things you and he did 4 together during your lifetime. 5 A We did a lot of outdoor camping. 6 0 Did you do any backpacking? 7 A Yes, wedid backpacking. 8 Q What tyne did you do? 9 A We went out into the woods with the backpacks and 10 the kids, and just about every other weekend we would go 11 out. 12 Q How long would you stay? 13 A We would stay the whole weekend, from the time the 14 children got out of school on Friday, 15 n And would you take any paraphernalia with you? 16 A Yeah, we took our tents and all of our camping 17 equi pment, sleeping bags and all the cookware and stuff. 18 Q Did he or any of the children fish? 19 A Yes, sir. 20 Q Did you hike? 21 A Yes, we sure did. 22 o Did you cook out? 23 A Yes. 24 Q Did his son ever accompany him on these trips ? 25 A When Jimmy lived with us, yes, all the time. Even 1319 V-13 -128- ; 1 Even when he wasn't living with us. Jimmy came out every ; I 2 summer. l 3Q And how often would you make these backDack trips? i 4A Oh, at least twice a month. j 50 Did he have any typo of hobby that he liked to engage ! 6 in? 7 A Yeah, he liked photography. He liked music. He liked 8 we liked to walk. We liked to dance. 9 Q Back to the photography, did he do it just for his 10 enjoyment, or did he try to do it in a professional way, 11 or what? 12 A Mainly just as a hobby, but he did enter a couple of 13 contests. 14 Q And what type pictures did he take? IS A Outdoor pictures, scenery; some portraits, but not as 16 much as the scenery and flowers that he took. 17 (Mr. Baldwin, Sr. tendering exhibits to Mr. Ortego) 18 MR. ORTEGO: Judge, I am going to object to the 19 photographs. You know, I don't see what the relevance is 20 of the photographs that he took. I I 1II 21 THE COURT: Overruled. 22 MR. BALDWIN, SR.: We need those numbers. What 23 numbers will they be? 24 (Mr. Baldwin, Sr. continuing:) 25 0 While we are marking those, what type pictures did he \ ] like to take? -129- 2 A He liked to take pictures of flowers and scenery, 3 Dortraits of the children. i!i 4 Q Did they describe to you what kind of a person he was --j 5 A Yes, sir. j 6 Q -- in a way with these photograohs? 7 A Yes, sir. 8 Q Are 31 and 32 examples of those photographs that you 9 brought to me that he took? ; 10 A 11 Yes, sir,he took both of these. j i! MR. BALDWIN, SR.: Your Honor, if I might just showj 12 these to the Jury? 13 THE COURT: All right. 14 (Mr. Baldwin, Sr. tendering exhibits to Jury) ! 15 MR. BALDWIN, SR.: We will offer those into j 16 evidence at this time. 17 THE COURT: Thev will be admitted. 18 (Mr. Baldwin, Sr. continuing:) ! 19 O Now, you said you liked to go dancing? 20 A Yes, sir. 21 0 And what else did you like to do that you and he 22 enjoyed together? , 23 A We went to the movies. We used to go out eating. 24 Q Just you and he? 25 A Yes, sir. I0 *> A Dld you enjoy being together? - 130- We always enjoyed being together. In fact, we had, 3 always had an understanding that one day of the week was 4 ours, .just he and I. 5 Q Would it be accurate to say that you were together 6 most of the time when you were not working? 7 A Yes, sir, we were always together when we were not 8 working. 9 Q Now were you working when you were in Arkansas when he 10 became ill? 11 A Yes, sir. 12 0 What did you dowith your job after he became ill? 13 A I qui t. 14 Q And why? 15 A Because my husband was ill and I needed to be at home 16 to take care of him. 17 Q Were you happilymarried? 18 A Yes, sir. 19 Q Was he a healthy person up to the time that he got 20 this nroblem with the Tordon 101? 21 A Yes, sir. 22 MR. ORTEGO: I am going to object to the form of 23 that question, Your Honor. 24 THE COURT: I sustain the objection. 25 (Mr. Baldwin, Sr. continuing:) 1322 P-/3V-- T1: 1 A Yes, sir. 2Q And what did they Rive him? - 121- 3 A Prednisone. 4 Q And what did that do? Is that a cortisone? 5 A Yes, sir. 6 Q Or steriod, as some people call it?i 7 A Yes, it is. 8 Q What did the cortisone do to him? How did it affect 9 him? I ! I 10 A Made him very nervous, almost made him crazy. 11 Q Was he able to eat? 12 A No, he couldn't eat. He couldn't keep anything in his 13 stomach at al1. 14 Q And how long did this chemotherapy -- when was this 15 that he took it? i i 16 A The first treatment only lasted two course, which is 17 two months. 18 Q And that was when? 19 A That was in June of 1979. 20 Q All right. And did that make him ill? j j 1 j i j 21 A Yes, it made him very ill. 22 Q Was he ill the whole course of the treatment, or just 23 portions of the treatment? I 24 A The only time that Jim feltwell wasthe last three j j 25 | days before we went back for another chemotherapy treatment. P 1323I 1 Q And how long did that last? 2 A The chemotherapy treatments? 3 Q Yes. 4 A Six months for each one. - 122- ! j j 5 Q And when was the next chemotherapy? Was there one in 6 '83? 7 A Yes, there was, sir. It was radiation and chemo 8 therapy . 9 Q And how long did that last? 10 A The radiation was a full course, and the chemotherapy 11 was -- 12 Q When you say "full course1," what do you mean? 13 A Twenty-eight days. I'm sorry. 14 Q All right, go ahead. t 15 A And the chemotherapy was the full six months. j 16 Q All right. During that period of time what did the 17 chemotherapy do to him? i ! i ' 18 A Made him lose weight.He couldn't eat. He couldn't j 19 walk right. He couldn't sleep. 20 Q Did he vomit? i I ! i ! 21 A Yes, he vomited continually. 22 Q And after that did he have another series of chemo- i 23 therapy? j 24 A Yes, sir. 25 Q And when was that? D -\3ff7 r Iq -131Was he healthy ud until the time he worked as a hack 2 and squirter in the forest? 3 A Yes, sir, Jim was always big and healthy. 4 Q Did you and he have a happy and satisfying and healthful 5 sex life prior to the time that he became ill? 6 A Yes, sir. 7 Q Did you enjoy each other? X A Yes, sir. 9 Q Did he love hischildren? 10 A He loved his kids, yes. 11 Q Would he stay in contact with his children, particularly 12 his son? 13 A Yes, sir. 14 Q Was he the type of person who would make gifts? 15 A All the time. 16 0 Now let's talk a little bit about the services he would 17 perform around the house when he was healthy. 18 A Uh-huh. 19 q What are some of the things he did as a husband? 20 A Things like splitting wood, making the fire, making 21 decisions about what to do with the children. 22 0 Did he bring the wood in? i 23 A Yes, he brought the wood in, and he kept the fire 24 going. He got u d at night to do the fire. We heat with 25 wood. 1325.' 13^ 1 0 I'm sorry? - 132- 2 A I say he pot up at night to do the fire. 3 Q Is that the way you had for heat where you live? 4 A Yes, sir. I'm sorry, I didn't understand. 5 Q What type heat did you have? 6 A We had wood heat. 7 Q And no other kind? 8 A No, sir. 9 Q You live kind of in the country? 10 A Yes, sir. II Q Now go ahead. He sat out the wood to keep the fire 12 going? 13 A Yes, he would get un at night and do the fire. He took 14 charge of the bills and all the money. 15 Q 16 A Did he fix plumbing leaks? Yes, he fixed minor repairs around the house, yes, sir 17 Q Who mowed the grass? 18 A He did. 19 0 Did he have a garden? 20 A 21 0 Not really. A small one. Was he a cook? 22 A Yeah, he cooked real good. In fact, he cooked while I 23 was at work. 24 Q Who made the decisions in the family? 25 A He did. 10 -133- ! And particularly the decisions about what type of car J 1 you would buy, or the financial decisions? 3 A Yes, Jim did all that. 4 0 What about the decisions relating to the children? 5 A He did all that, too, always. 6 Q Was he a frugal person -- 7 A Yes, sir. 8 O -- with reference to what he spent on himself? 9 A Yes, sir. 10 0 Was it very minimal? I 11 A i Very minimal. Jim didn't like to snend money on him- i 12 self at all. 13 Q And were his medical bills in the neighborhood of ' 14 $ 1 0 0 , 0 0 0 ? 15 16 A MR. ORTEGO: Yes, sir. I am going to object, Your Honor -- I | 17 MR. ORTEGO: -- unless there is a foundation for i 18 this. 19 (Mr. Baldwin, Sr. continuing:) 20 0 Do you know what his medical bills were? 21 A 22 Over $100,000. THE COURT: Overruled. 23 n I am asking you not to tell us. I am asking you if youj 24 know what his medical bills were? ii I 25 A Yes, sir. V IO 2A And what were they? Over a hundred thousand at least. -134- 3 MR. BALDWIN, SR.: I pass the witness, Your Honor. 4 THE COURT: I know you can't finish this cross- 5 examination by noon. Would you rather come back? ii 1 6 MR. ORTEGO: I think it might be easier. I can 7 organize and be quick and don't waste time. 8 THE COURT: Ladies and gentlemen, since we cannot 9 finish the cross-examination by noon, and rather than get 10 into it and have to stop I am going to recess for lunch 11 and ask you to be back in the jury box at one fifteen. Now, 12 don't discuss this case with each other. As I indicated to 13 you earlier, it is not time for that yet. Don't allow 14 anyone to discuss it with you. '.Ve have kind of small 15 quarters up here, and don't talk to any of the" lawyers and 16 they are not going to talk to you. Don't talk to any of 17 the parties who are involved in this case. Be back here 18 in the jury box at one fifteen. 19 (Recess at 11:45 a.m., until 1:15 p.m.; open court, 20 jury and all parties present 1 21 THE COURT: Please be seated. Mr. Ortego, you may >> cross-ex amine'. 23 MR. ORTEGO: Thank you, Your Honor. 24 CROSS EXAMINATION 25 BY MR. ORTEGO: V-&>> 1Q 2A Good afternoon, Mrs. Greenhill. Good afternoon. -135- ; i 3 Q I know this might be difficult, so if there is any timej } 4 you feel uncomfortable, just let me know and I will stop l 5 the questioning. You testified this morning that James 6 had about a hundred thousand dollars in medical bills? j 7 A Yes, sir. 8 O Did vou add them all uo? 9 A N o , sir. 10 Q How did you come about that figure? II A I estimated it. i i J i | 12 Q That's an estimate? 13 A 14 Q 15 A 16 O Yes, sir. It could be lower? It could be higher; it could be lower. But you are not really sure? ij j I ! i : 17 A 18 0 Ncj, s ir . You discussed with Mr. Baldwin the medical bills, how ; i : 19 much they were? 20 A No, sir. 21 n Did vou go look at the medical bills and trv to add 22 them un? i ! 23 A They came to the house every month. 24 Q But that's just an estimate, ma'am? 25 A Yes, sir. x1U Q/ WO QJ V -\3^ 1Q 2A When is the first, time you ever came to Texas? When I came for .jury selection. -136- 3 Q Prior to that .jury selection two weeks ago had you ever 4 lived or been to Texas before? 5 A No, sir. 6n 7A 8Q Is this your first visit, then, for this trial? Yes, sir. Did you or Jim ever live in Texas? i i ! 9 A No, sir. 10 Q Did Jim ever live in Texas? 11 A No, sir, not that I know of. 12 Q Where do you currently live, ma'am? 13 A I live in Ozark, Arkansas. 14 0 And when did you come down for the trial? When did vou 15 g< here? 16 A Sunday evening about eight thirty o.m. 17 O How did you get here, ma'am? 18 A I drove. 19 O Did you do the same the lasttime for juryselection? 1 Ii i 20 A Yes, sir. i 21 Q A little clarity, I was a little confusedthis morning, 22 ma'am. James wasn't, your first marriage? iI 23 A No, sir. 24 Q Who did you marry first? 25 A Larry Clark Filbrook (oho). 1330: P- !3S3 \ !Q 2 And where did you meet Mr. Filbrook? -137- MR. BALDWIN, SR.: Your Honor, I would object to 3 this, any testimony about any nrior marriages. It has 4 nothing to do with this case. 5 MR. ORTEGO: It was brought un, and there was 6 some talk of the children. 7 THE COURT: It was brought up on direct. I 8 overrule the objection. 9 (Mr. Ortego continuing:) 10 Q Where did you meet Mr. Filbrook? 11 A In Frankfurt, Germany, the first time. 12 Q The first time. And is that when you came to the 13 United States,after you married him? 14 A No, sir. 15 Q Did you marry him in Germany? 16 A No, sir. 17 Q Where did you marry him? 18 A I married him in Portland, Oregon. 19 Q Was he a service man? 20 A Yes, sir. 21 Q How long were you married to Mr. Filbrook? 22 A Approximate 1y two years. 23 Q Did you have any children with him? 24 A Yes, sir. 25 Q And how many children did you have with him? p -1i33s3y1 1A 20 One. And what was his or her name, m a 'am? 3 A Her name is Michelle Ann. 4Q 5A And what name does she so by? Louevering (pho). 6Q And her father was Mr. Filbrook? 7 A Her natural father. 8Q Did there come a time where you married again, ma'am? 9 A Yes, sir. 10 Q 11 A 12 q When was that? 1970, approximately. And who did you marry? :,i 13 A No. 14 Q 15 A Oh , I'm sorry. I married Fred Louevering. 1i 16 0 17 A And where did you marry Mr. Louevering? At Reno, Nevada. i j 18 0 Did you have any children with Mr. Louevering? 19 A Yes, sir. 20 0 When was that child born? 21 A 1972. 22 Q What haopened to Michelle, the first child, after you ! 23 marri ed Mr. Louevering? i1 24 A Could you repeat that again? i1 1 25 Q 1 Sure. You divorced your first husband, Mr. Fi 1brook -- ! 133.2 I 1 2Q -- with whom vou had one child? 3 A Yes, sir. 4 Q What haopened to Michelle Ann when you married Mr. 5 Louevering? 6 A She staved with me. Mr. Louevering adopted her. 7 Q Mr. Louevering adonted her? 8 A Yes, sir. 9 Q And you had one child with Mr. Louevering? 10 A Yes, sir. 11 0 And what was his or her name? I missed that, I'm 12 sorry. 13 A Soren Christian Louevering. 14 Q Now you married James in 1975? ! j 15 A Yes, sir. ; 16 0 Did he ever adopt either Michelle or Soren? 17 A Not legally, no. 18 Q Did they live with you? 1 ji 19 A Yes, sir. 20 Q When you married Mr. Greenhill in 1975 did you meet him 21 through an acquaintance? 22 A Yes, sir. 23 Q You were friendly with his first wife? i 24 A Yes, sir. 25 Q And that would be Sandra Watkins? 1333 37- / 3 ^ DoANGotRShIiCp Uor LStTorUs wRithAFLoodC, HFooEdsM, oIrCClAothLing TupPrrRRnoaAEdtuCNhcAiStsoULpAhCroaTIdsOItuOaNcNtquuA:noL(tUTlaUOtShaTUacRqAlEuaRbaIUatOaSi:Eh1SRaIs:huaIblysaytaaaondauldficuotao*ynlnaaopxtiplrcItanaangldndUaasdEa,mntongpollyilsoahuum,s.)aadniatans.toat KEEP OUT' HARM CAUSES 1RRT Do Not Get in In casa ci contact. Bush . y* gal mdiesi BOantton; wash wash contamlnatad clothing 1819 L/5 GAL 86-1142 PRINTED IN U.S.A. IN OCTOBER, 1975 REPLACES SPECIMEN LABEL 86-1142 PRINTED IN SEPTEMBER, 1974 DISCARD PREVIOUS SPECIMEN LABELS. REVISIONS INCLUDE: (1) USE ON ASPARAGUS ADDED (2) USE ON STRAWBERRIES ADDED (3) PREHARVEST APPLICATION ON CORN ADDED. /4^7 OF 2,4-D n s. Grass jsT^I njection i. <i 3 9- ^ ::ui \\*** iU W . feiii pi !P ipil l'iij i] ! I !j! ! | ih j<] 2]2] r| `i*- I !H I iI ! iii ih! J? li JHsil! ,,! Ijijijiii) ji i n - . i ?t;: I-iri-*3 ?'U ilirifti U*ii ji isMf lji.im U n , i sj l i * ' * lilJiJ >o 6i ![ 5s l HihnMi } !i H %it :i; i{! , Hjlj |]ll}l|hla MLihuiis j l l l l l h 5 $ X l i f t . . . f[5 U iS i hllMaijii? U l l i i i \ l \ I H h i i i i S-J S i c l \ < IjStli-M '*-;1ii? i5lI l*r i {njhjii *- #H it Hlfiifiihj ..r(*iiiSj - 5I f i l i ? H i l a Hfjl; lirifili i i* l *1 {-*{ Jil s11i1a-InfojlpiI 4t-iJ*i i1**5]?-- r ->1"*?Ii r I *Mi wt-i *r *i *i *isEi-?*' 2Irfil*3`r^ij?ii**i* !i!rllflfifi  m W .' v ,t- Vf> / -, .... .V- *.^i+<3ty'-''r* kV-' V *>.# "^ '. . .!. - f*'' r-*` v t -t v `CXt-. if 11 ;y:'v` ?"---`ri'-jjf'**-,'* " / -Va?';v;'/.;'. ' 'Sy'<ai^.vVv''"' '..'- *' ;.'-y. V '>'/. ; v'.'` . .* 86-1173 PRINTED IN U.S.A. IN DECEMBER, 1974 v : ,r. REPLACES SPECIMEN LABEL 86-1173 PRINTED IN AUGUST, 1972 REVISIONS INCLUDE: (1) EPA ESTABLISHMENT NUMBER ADDED (2) AGRICULTURAL CHEMICAL STATEMENT ADDED ir 1 GRASS KILLER v. ** ... Vr JOHNSONViRAS't AJ 'S.' - ' i- "'xr- ifr IANCT2ET,rR2OIt-VTcDaThAElIllraeNoeIiplNhcErGdoohl).GRonPalErRoc.E(oAqar2EDpot.uDlrIa-ReioEvDIEcpENeAae.llgPNlTctceil.hfTiSActndlitEl:Atr,o.ea;SrcE.Atoit.eodopw/Ldfr.Edlou.4q,p.Nm4uS.i4oa..io-..Sv.n.M.d.4aa..li.e.Mlul0...et..m4..n..4...t..._3.S.......1..a.24...l-.77tZ......A07...%%..... IS.0% 30.1% 14.4% WARNING KEEP OUT OF REACH O f CHILDREN HARMFUL IF SWALLOWED MAY CAUSE BURNS Do Not Get In Eyes, on Skin, or ori.Clothing or Shoes % . A G R IC U LT U R A L C H EM IC A L TupParRRoDaAEdoluCNhcAiSNttoLUpoAhrCtoaTId8lOIluOahNcNltqpuuA:naoL(tTirllUaOtSSheTtUtHoiqAlErauRobeUIatOowSliEhtMoRat)ahjuaITbftyotoyaooobdnaudttoeno,aadonFyentxeoaopoaelpidrctlooaaeglada.tdaboadaEar.mntCnqopHollyoiaoatakumh.t.o)deinnootgena.oto Avoid Breathing Sp rly Mist In c a t * of co n tact. Im m ediately fluah akin or ay a a w ith p len ty of w ater for at le a a t 15 m lnutea; for e y e a , g e l m ed ical atten tio n. R e m ove co ntam in ated clo thin g and w aah b efo re re-u ae . H4 r l^vCO y 05 #'o v O % <S\ RAPID TOP GROWTH KILL LONG TERM CONTROL : CONTAINERS OF DYNWET WETTING AGENT A. T u t (`if *, 's'C Hji*|',:rri-.a * INHTi fir- y N? 45 LB. OF DOWPON C P L U S 3 --2 Quart Cans of DYNAWET Wetting Agent - .1-,.! t. 0 0 0 17 o CONTAIN A For the Sejec PasturesTM ACTIVE INCREMENTS; A lkan d em ln e S a itst (of Ih e E th a n o l1 propanol serie) a i 2,4-M cN orophe IN E R T IN C R E M E N T S -............................. 2,4-M chlo fo p h e n o sy ce ric A d d I E J * J L Registration N o. 464-1-AA tSalt* M the laest volatle form* of 2,4vapors from treated areas to reduce ylk AGRICULTURAL Do Not Ship or Storo with Fot P R E C A U C IO N A L U SU ARIO : SI u st producto hasta qua la etiqueta le haya : T R A N S L A T IO N : (TO TH E U S ER : If yo u se th is product untfl the lab el h as beet 86-1142 PRINTED IN U.S.A. IN OCTOBER, 197 REPLACES SPECIMEN LABEL 86-1142 PRINTED IK DISCARD PREVIOUS SPECIMEN LABELS. REVISIONS INCLUDE: (1) USE ON ASPARAGUS A STRAWBERRIES ADDED (3) PREHARVEST APPLIC MULA40 HERBICIDE U .K A N O U M IN E SALTS OF 2,4-D IEquivalent: 1 Pounds per Gallon tro! of Maijiy Biadllaf Weeds in Non-Crop Areas. Grass jnd in Certfin Cpps./Also for Control of Trees by Injection to- CAUTIONco tlc cid ............ 59.7% ........................4 0 3 % ratonL...... 38.6% EJ.A. Est No.464-tU-1 K E E P OUT O F REA CH O F CHILDREN HARMFUL IF SW ALLOW ED i do not rateaaa anooh gacont suacapUbta crops. C A U SES IRRITATION O F SKIN AND E Y E S Do Not G et in Eyes, on Skin or on Clothing HeeEdsM, o1r CClAothLing to * IngM s, no i i h a sta tx p llca d a am pRamanta. In c m of contact. flush . ya* with planty of water tor at to u t 1S adnutaa t pat maiflcat attantton; wash akin with soap and ptanty ol watar. Raatova i wash contamlnatad etotWng bafora ra-uaa. Do not 1-----. . n -- i.^ > i irnot road Eng lish, do not f axptalnad to you.) 18.9 L / 5 GAL . 2PTEMBER, 1974 2D (2) USE ON CON ON CORN ADDEID. *s c 1037 HOloO f* i fh"s sJ-t:i-rs% t*i--ui -;1 l *-i y[ yi *1i , i 3% uh fll 35*[h*! ilhllP,i:ti! S.`1'il S<31<wia?Mt te"  I*Ce imde (fH iKi proymg coniugi total (iltn iw t r* and tuning oI } 4-0 ip<ort K 8 w w n d d w* rate Apply donee ^ rth lie te rernm m enito jd*vm TCA grM h *k x -dut m <t*ont a n d (eceu tto n t the A 40 mm e n d e d v m r o 't t To <on*ol ty p io * in g \ ap p ly m 7 ) 10 M 1 HfQw b x n n of* dormant or it p o t lA I t-ifvTy to h* crop t| V Wood or Hort<fiturgl Spo js t in c*ors H* d f ll from frootod oroat Rood C l M R ACRI- W |b i r fr r t lor 1tpoool U W M H {m oro likely * mjuee crop) Oro e e td y eifw ed So*or ip rep pe rw w n f Sl i w or ( M o o n fttooof corwimoMo. *MO K A M C O A M O t : U m a t 1 SAaM o * d growing octmely to. d o r o r . or other Ic y p M t . 1Hdottbrlritdhe.dO. nDoton*og*rovtm# dfroormy . g or M l to cowiad braodleof 1 terfy bool I t fftr o l h stage. using X 0 1 p o t par o cr* 1 l Wbl iU >id higher n l O . oof or p rron nrof wood, For od grow th. PrOTt Do no v m no f r a t t # 9 y animoft nor U A t t A S SUCH A S 1AWMS. ftO AD UO O . VACAMT LOTS. 4C p#r aero in the am ount of or# young o.nd grow ing M l. er ro d control. Do no v m on >on aping g rasses M idi oo nft grot * M t t t obli d o d . On. Wifft pring Qpp ficonon, spring. L t g v n t i o ra usua lly bw d n e d ond Canada HwttW roadside ttnd fonco row of on ogoci^twrof t v r f o c M os fofog w4> developed. >nd. apply o m enm vffl of 6 no g ra ze dH ry ontmof on tdleof wood >n sm all oroos oHoftt of wolor ond tproy to T i l l IN JlCTIO M T tlA lM IN T ; To control unwonted hardwood troet Such a t dm , Hnkafy. ookl and iw H vm m lorost ond othor non-crop oroos. Oppfy FOXAAUIA 40 kerbKide by Meeting I ml of tho undiluted prodoc throvgh tho borft oroimd the trunk at intervals of I to 3 inches batween odgo of tho MtOClftr wounds. Far hordor ta control species such as ash. mo plot ond dogwood uto 3 ml of undiluted FOftM UlA 40 par injection w it Continuous cuts around tho frtmb often provide Improved control. Alto, cuts near the ground level may bo mot# effective than 0 higher level s. Treat' merits con be mode e l any season, however, effectivene ss m ay be lost during winter months. Maples should no be treated during the spring top How. USE PRECAUTIONS AVOIO CONTACT WITH 3.4-0 S U K t f T I M I C ftO tt A N 0 O T H U D C U ftA U I M O A O U A F F lA M t l - FOftM UlA 40 horbKide 1 injurious to most broddiool pl ants Therefore, do not apply d*rectly to or otherwise permit oven mtnvte amounts (os m spray mist) So confect cotton, gropes, tobocco. hm l trees, vegetables. Mowers. ornomensoH or othor desirable plants susceptible to 3.4-0. Do not so hi or near e g reenh ouse. DO HOT A H IT IN THf VICINITY OF COTTON. G C A m . TOftACCO. T O M A TO fl OR O T H U D U U A X U 1.4-0 W t C t n i f t L I C O f l Oft O ftNAM INTAi ft A K T S . OO NOT S F tA Y WMN WIND IS M O W IN G TOWAX01 S U S C t T f lM l O O Oft OftNAMCNTAt FIANT1. AVON) S ft A Y DRIFT -- Applications should be mode onfy w hen there Is n e hozord from spray drift since very sm all quonllHss of the spray, w hich m ay no be vi si ble , may se ie re ly Injure susceptible crops during boh growing ond dor mant periods. U se coorse sprays te minimize drift since, under certain m oths f conditions, h n c spray droplets may drift e m de or more. The speY thickening ogont N A lC O -T t O i1 m ay bo used with this product so o*d in reducing spray drift. H used follow oH uto rscom mpndosiens ond precautions on #w product toboL *HALCO-T*Ol - Ttodemorh of S4MC0 CtwmMol Cempowy. GXOUND (OUIFMCNT - With ground equipment. spray drift con bo iotsened by keep ing the spray boom os Vow os possible, by applying 10 goftons or m ore of spray par acre' by using no more than 30 pmmd* spraying p ressure with lorgs droplst producing nozzle Ups. by spraying when wind velocity H low. and by stopping oft sproymg when wind e aceed t 1 m des per hour. Do not oppfy with hoHow tono typo Insocticids or othor nozzles hot produce fin# droplst spray. A IX IA L APfltCATIO M - With aircraft, drift con bo I t i i r n t f by applying e co a rse spra y; %by using no m ar# than 30 pounds spray pressure at the nozzle s; by using straight s t r u m nozzles directed straight bock, by ush^ spray boom no tongor than tho wing sp an of tho obxraft: and by spray big only w hen w ind is l e cHy Is tot* then 4 m ph. DO HOT AFT1T I T AU C1AFT WHIN AN A ft TtM PftATURf MVfRSIOM I X t l T t loch o condition it characterized by kttfe or no wind ond with a h tem perature low er near the ground than a t higher levels. The use of a cooNnuPut sm oke column ot or ne a r tn e of oppfkotion s suggested to Indicate e tem perature inversion by loyorsng of tho sm oke ond to indkote diraction and velocity of o h m tiom ont. Violent windstorms may m ove sod portkfes. If 3 .4-0 is on those particle ond they ore bl own onto susceptible plants, visible symptoms m ay appear but seriou s injury is onlikely. The hozord of m or omoot of 1.4-0 on dutt Is reduced d treated h olds o r# irrigated or tf rain occur shortly after application. 0 o no coniommoto arigohow d id or wotor usod for Irrigation or domestic purposes. Do not store noor fo n d fe o t. seed s, b u o d k ld s i or fimgMdeo. To m o ld Injury to dm strobfe pIgnis, do no etoro. hondle or oppfy ohor ogrtcufturol chem icols rhh the some consum er or squipm sM usod lo r F O IM U IA 4ft oacop o s specifled on this lab el. (z cetshro omounts of 3.4-0 in tho sod moy te mp orordy inhibit sood gorvttbvorto or pfonf growth. loco! condhions moy effect tho use of herbicides. Consult your A gricultural b p o b o n l ' Station or la ten won Service w eed tpecioflsis lor od vk o in sel ecting n eOtmonlt Irom . this bb ef to best Id local conditions. fte sura tho uto of this product conforms So oft applicabl e r egulations. Apply ffdg product only o t spetffted 0 0 tfds lo b e ! N O n : FORMULA 40 herbfcida. exposed t a twbfroozing tem peratures. eh a u U bo viorm sd to o t loot 4 0 F and,m *od Ihoroughfy before uefcng. In to equipment a n d contain at S an d dhpeso of w aste s by burytng In non crop ere a s" w a y from w ater suppli es. C ent a l* ir e should bo A sp e ssd by punching hoios In thsm Ond burying with wastos. Follow official local A tp e te f regulations whoca ro j W t i - --............MONEY BACK GUARANTEE- -- ; FO W U lA ffldiWcMi ft gsirwlM d l| Tbi Boa CliiRilcft Cpxpxxylx tha fuft xtottf of tha purcfc*M ftrka; - T.YbfhfftsxdslRdo^iTbxbdftdttssdxTfgdft^frxcxxIflxRtt^bsxusd 1 TftfatIona i mfublx tproy mfartwa la any svoftor* lor tproy too. '. NOnCSi Seller wonwws dwt 1 Ml Ser ttw pwpeee tW ed e* the lobe! whe* used w eecetd * h q * t e l ute. but neither ttwt neriemp ner ony ether a err mty of M CRCH AKTAM ITY O t N I N B l FOR A FAEUCULAX f W O W . e t p s t t er m p e i . eutendi te the uso e l tus product comio r; to label mehuctiens er mder ebnermol condition, or m der tm 4 >mt not rootonoMp tereieeebl e W teder. and buyer ottumes the ra k of eny Such use. 10584*041-5 S975 THE DOW CHEMICAL COMPANY an# tw i e iuvis n a u t o. m cu is s e esoso, usa Zumo. swtt2i *l* mo nono sono, se e conM o a s u s . nonms Jit s s . uso sa h im a . outasio. c a n a p a ......... .. m*TMt o o w CHIM KM COMMVf | \>1 1038 DOW KURCI Contains Propylene Glycol Butyl Ether Esters of Silvex > I** conltirsotlsof mony tf i tm *1 tertiw iw s^ pin* grpi <g * * tndw trw l t*e, '* on n y M ^ I y swell e toe elmrtrrcel Ii m >, ps l i w . lwg* o y i s e 4 f i l ts o ili. >l s n 4iHk b * >. I m I Wm U s m I I** r * i en | H (s v fM i, p e r il e 4 athletic f w l i i , ie panda end u ix ie r ng*e*< e *e v mi le r w j s r j i , pi M w ood w p ls e j , en d in aie* e n d w ^ w - !# . Use eiy w r < s e e * M M A n le b l IU * O N k*ri<(4 ill cemirel I wnwenied ( t | m W y p le n t y tech m wide*, b reeb l , betwnbw h. dogwood. W neyteclo. Incest, w apl. e< m i n . t a b. l i o ie e i y p a 'W wjr, pin o i oo4. p n llr s ie> t e d M . togabrsth. l e l e m b i rry. sol* tnoor, w ild f* M , s i ll* , fittM i (7) W e e d e e f w eed s seek * i iw ir i id . b W t l e k k , b n i w i i j , b w d e U . b*er. n p . tK * . dalm aakn t u d l e i . dendallon. deq lonnol , pn i i d tbo ry, b eck . lnpiM . mortUaldsi. ple l i ii . rogw se d. ip w p * . ( )) s ^ w s m w eed, b * d i n h i H end w bwnrgant e w e i . w ell m oroha#d. b li d d ir w r t . f s w sH . ptcbaro leo ad . e sti tl i , in e lf i J s d M U rw t d. Me * y e*W* species in dbch ca te gory e k e t e s bn c s e n l l i d DMffiCnOHS fefinge ip ifi shopld be s p p B id when W w h e* weed o re octiialy f i f ing . i pp lu d u eodat d w y k * u n ditu m e e v g w pee reaeth. U w le sprey pr e le e im e iie i prey drd De net apply B U tO rt ohora ipre i drift wot Confee* now h y w m p ti b l i crew* * dea ra b le plena l i e d e n d fa Bow edl U se ^ i tewli s m | l ( i ets this la b e l. M O U C e e TWAJONO THI SWAY K U IO N bir bictd i in motor e* eil-weter ip rsy i l e w en omehion Stpniodew n e y ecce* so loss the a n y nrstwre ** c e itin w fly s p it s N d Hoche nscnl e g not a s is m e n m i d i d When enaae i d y w *k e l e w ie n e r h ie n i d end leather o g hpaio * s nei a id t d N O T! : Where ed n e w w u d i d . w e die sal e l , Ne. I e* H e. 2 (e e l S e* hemeeae. OM S a rey i Add C M C M e dm regeirod s m e Md l e the sprey toh e* msing leeb end it tnoroepbly. Oe nec Wc en* motor er d l a a t e ndafere get leap the KUOON e* in*e the edeNee. piece tM* w y ceese fa m e d a e of e thicb gel. Wader S a n er; f ill die ip ia y t a d obeet baH (11 w*h we te r. Then, with a p w a t roomings ' l owly a n d the repaired a n e n f ef KUBON en d lin eB y t o n p la e liWii g h e t a id l a b b motor. Centwawe eghehnn while greylag. OX W d a t S f t w M e M n With aigerow ogttodaa, 1 g efloo e l T W O H a M onohrfy g le tO ga l h n > s d h 100 g e llewa e l spray n i i t e e . ft pi nn e d m iming g e e d n h t e lc dw KUBO N end ed in e ta p a r s ti laeSeinar. Start filling the ip ra y tank with meter. Alter the tenh la o b eid felt, tlomdy e d d the referred gaontity e l the lU B O H d t prom with gdate t re e ing end ce n p liS s lilting h a t a d arith me>ar. Abeenede p w i e i i Start M Une the ipray leab wish mater. Altar It Is ehaet ^ M , o d d the t i a i i n d goenOSy el KUBON adth agttat penning. Thee nd d the o*l en d a a n a lit e B i n g l U tenh. W g i n w egitmMea in the agree terdi it r a g u b a l be anah a e p e e d a n ^ td e n . H O T li Agitation in the aprpy h d d a d d bo ca a tw ra d h d a g yprayiag, USiS tH MOUSTtfAl ANO NON-OtOflANO AtCAS ftfOMT-O^WATS AMO T O t f t t SITf fC C fA IA T IO H : W dh y a w a d g ep K co d * en wised hreah. ae } e 4 g r a m e l K U lO f 1 in 100 g e Wana e l w t a r wed apply ns a f ell earne r a ge ip ray adken feAage n w ed I n a W p a l en d ptaag prp g r e a a g actb aly. t b h s n a h y re* migarret 100 ta A0Q gal lant ip ta y per a o a dopaadm g an heigh sind daaartv e l the hreah . mWith g a t M epgdcednn en w ised ere ah. esc 3 la 4 g a h a w K U tO N le 10 te 9 0 gellent mie l weaaa per acre end prpwdo aarla rn ip ray t r a g a targat e r a a s A w a l l theeld he age le pad en d i p i n u l le asiniewee ip ra y drift. With eiaher era e r graend eppM cehen. eppag e a d f when there it KtHe e r ne wind e n d w h an there is e g h e ce rd laean apreg d rill. Aa lean aa there la e n g ia aed e a h te ra e n d hreah I growing w ed, tprwyiag c e n h e e H artiw threeghaef the g ra aia g aeeaen e g to S neeha before nerwol fe d freat. Spre^ ng ded ng het dry e a a the r er altar the fe E e g e V ani dt eerw at grope celer n a y re te ll in p e er entre!. Uadar d ry c a a A t a n h a inchii ia a ef oddad eft (op te 10% e l aprpy a h n a ) a r y iocroeae e n r a l d f a c h e m s A * d l d r ill e l t g e y h m a r t s b a h g h a a t t n Te loosen ig re y virile Aon eakig e tprey gen, pae only onpenh p rsw re te e h te le e n r a a t , oaaeffy dO to SO pal I th e g e , >rwh toBor then A te I loot c a r h e apreged seccatal ghy hot in n a o y s e n t oeaweot e l heael herb, d o ra a e t J o e e r ttewps e s dsscH had e e bit la b a l n a y be O e d gba c l euyi end iedeataiel do enfy, K U tO N one b e awed in t a d ode with (O tO O N Wiah gpeeed ogwipuaerg age 7 g e n re #1 KUOON plea I g e tlee I TOdOON 101 M ia M s in mitOO golU v o t e end apply e t e fed c e e a g . tere y . eaee tty roga U g 100 to f0 0 migehana per ecse. Wdb eo v W a p g A c e tk e oae I VS ge m CUOOM pies 2 te 3 god aw e f TOhOO H 101 hdahe e p e r e cre by d ilating with weter to e hotel prey o iae e e f 10 te . SO goOen p e r ecre. AgpJtcefUo she\dd bo aede edy wdh e b a licsp ttr w ae aOad M i p i l i i l ,-kr.anbotiiaeegdetWtpeoeadlupiifCiTOenef'weedinawey*cMhidiaTOtPO^TloT UyVy tMatpre. W H I T C O M f t t H U A S t ( M S preyi Apply 2 te 3 geerts e f K U t O N in ebeat 10 gWen e l e t l p er e cre by e h o e ft or eroand pgaip n an t to ee atrpl andaairod b a r d r a a h in daracot He agios fir, h o e d r, baeiece e n d aprece. l a t a i higher then 2 g ports n a y c e ase tender jn j- T . P * ne* w e e il agrey e e pinna free we*ar tprey r i a a e M l at i baiewV A pply h for ennnar b ed breoh daring fete d arwe n cy. aaaolfy I thee ore omd P a re il in the M i l t m t . miW efe r I prwy : Apply 1 in 3 g aeris KUOQN 1e 10 to I S g e Coes e l a be t m l species U endors lacfedleg pines. Apply dering the seenor offer the ennden ca o w spring grpnth end heap "fcordened off" . Botes hi gher then 2 gaerts n a y cease cenifor inyary. Conseil year Sh ite. B a g oneI or gntansie n for a J ar loareceaenantddpeahiocwnstoHaiocoicenddiittiieenn*i. ia u u a u a the bnael 12 * t a m ing ] ftp 4 i the greand end <enarl All H y w obad ta eiahi n r ip n a e end groend Une. PO W tttC D iA 100 gellens ef earn Ta*l t * mi >/ l /> Hwe men 1er --y l r htOOlBtH) 4A&J ef KUBON m 1C W Web r e e dify n w b h e mih w le K en bred grey per me* SBOtttCATM ft ef KUBON in 23 regie O LAWNS, 0 012 C Aegw wbhshed; er te nat. M eddareen in oorfy l i n n r feras dn*rihna d.laaing the KUBC went. A h #, apetb m i r A pend wia wiB b e ne ew rfioi e ^ y , x ra ef Te ee'd in'yery, d e nre y r tl ac H d , fe De net apply ie w 0 " pr*r *m *control of y e tee a m plan no tar aaobe hrtn--J<!' of ad. fee peat e e a e l diaeel j ond 3V nea w e on potterea i to when. N O T l; D O I ATTEB A m J C A T K X m o o to subuenn WENT. 3-OW-VOLATILE BRUSH AND WEED HERBICIDE id Equivalent: 4 pounds per gallon S O I Y C tA lM ftM . r i . I ,w ' > f * c ** * pa.*. . * * d *jnplo. 4M 3 b U H M t (1 ' ) Md w*<*l 1 tU * O H m 2 <W* 4 * a 4 *prr te | f * 4 9 lli Hiev rnH ftf*o* fl >>y * d>M ttKl USES M OtOfUNO W H O C O N T K X M K t U w I ' i u }V | p.b *4 K U IO N p f e c n Apply tu A * b * * till ^9 i f f I n u d i l p * M. * th M I (bid )!* I f l i p M H (fin* I n u i4 pr* r i* p L vwm(W I m | u b * f * i w i f f 0 mm* a p p ly eft*r peetcW Initie**. lf ric l i i m i l n #<rwd i*< i. m* m* f y f l y f ly p *u i. btl, I b f ' m9 . m* Hy h * * d ^ f y < i M eprt h i t m m ^receM ie I eid --j f y fr e e tpry drdt f by i f f 0 mm* apply f * pmddrm* mkmrm *km ttH h / mi n M i< M p r t f f mkm/0 l b 4 f t * m * 4 I f ~tftifi I t * w t f pm. C f b Apficah f af t i p i n f M b M o * m* l f f i Srt** -- * 4 ip o c b b i I f i y p *p ri* i u b i f l 1m m | TUMP T t t A T M IN I k M * * 4 -- U *> m * U u m >h ^ by t+Ut**+* to m :.^ i W ef >* **d h. d . th* prwd 1m . * 4 w>-t* n o CONTKX M SUOAKANI m mi t U O N m 100 g o llo * J f i . f cfc to n b * cv* c M t WetMy CM Mw-fM t fo y e d ** **n, k ^ M ifft 4, dm-* * 4d t yv*d I* *H m (w< b* I ' l M , m pph * W-- clan -- p . . * ta o p t^ h * **c*p* --a*m*. 1T^ r * f *>* WM H* pr.,H ipioyf^ ft* mi mib * b m * 9 f . Apply I *e 1 er H K U IO N Wt 90 H 40 fe ile *> p f e u w btoxfc** tptey b c f l bdte< t A Apply e N f <0 d f y i n 9 eM . A m c 4 4 >p c e b a p p l it d I NOTE: D mm* p p l y lie A * c e * e j V*i b d *H. LOUISIANA *mim*-- 4Y S A S A l TU ATM tN T: Mi* 10 H 14 p e lM * 4 K U *O N m o*l *h ' M pVy pf* >i* h*epwfi f*bl-- -- !..> bru*h I * e * d tN> cetton It 4--*>l I bm*t 'rtbt PWUw> p b * 4 t p ' i 4<l*i^ *d b***k m > y Um b w * i trW oMdt rW* a * l e * d 4 * f r e f t f e ? ***! e b f h f . frte t peart* f n n H ; Apply I q e f l mi K U IO N p f e t e the t e e ( V j 4 b u l o ree) hrtly w b f f weed eed* er pected * i i w im h , If cee M thed e * d H b f d. ie re y i-- dirft It f w e n b . F e lle e Ne* f i y b n *e e d , wbee d rd , f t h 7 peee ef D O W fO N * M y w * hrbitd p f per mm A re p *e w c e rd e e c e w4th lebel f i n d i * I f I DOCMANT CANE TH A fM tN t: F f W W ., m 1V * 7 9* * - * We* 4 m J e * d f g hty * f * e beiw mi m n Th o h * prey 4b *P p n mi * break U d f ret m W m | i p x m M i m b u d , >fd >p*r m--t **~m ohm* r rf dfi0y *4 4 f 4 bi n b d fll Hm--y tmf ^i motmd I tW I b 00 l* li * n pepf t f * y * mmmtrf f W Wi i d f pi v4Miel *d crp f o * * ) q f t t --m* t** 4 o f * a| ip f b ob l * i f * u m H . f A N i l a i w rp led ewd * h f bree di mi A . pply 1 prt mi KUSON p f ecr r (V^ tm*mi f ) by preired t p r e y f . W M M o * ) , f e ppplied prMif9 f . With e*r ppliceti, mmm 3 f 3 pb p f te o b i f f ( * b rodcet ei r a . N O TE: D 4 eppfy * i P d b 4 M prcfd I f leed f I m 4 Um d f y l e l -- * b e i M U * " Ft* MAWAN A epfy 4 1 3 p eerb 1 KUSO N p f ecre l e u i f i i n l f e N f y l U f f bler ce* r y b tf e l A b y Md mmd y t iM k N d i e i t Sprey th b t i e pee e b A t p rfy M f #*e en < M d * y e e e 4 U ) , A T H U T K RClO f A N 0 OTM( O t A lS T U tf A K A S : I b/d I V , % oO i mi ftUtOM - f 100 4 mm*m* w * f r f f oMt * f f 2 fl*w* 4 M f v . * *7 '1lt f f i y kp*g f f f t m * l **--* b -- * d l f f *rl bf d b L I t * t b t f i *4, mmd *md mi| f f f r*y l i* od i | U AW b rf*toy e d t 3 y * > i i mi K U SO N p im 3 4 y u * A f D O w F O N M p f o . Apply e b * t t - 1 * t * i r r i te" b e l l IA U 3 * A t b4r trerveit. D el Mehe f e r M ee M eppA - cede* el 3 eech mi K U C O N * ey e t n p use m cA un o N S De et eppfy KUCON dwectfy *m, m* hre pmtmi* it c-- M e n d t t f mm*WVt yio f e>n*iA f d b l i * fe ll, ui fll e p y b s f * 0 apply f M*U --I*t y i w f i * b f , I * wife. 1 *. leybeere. prepec, freM. w t f rMi*et t r e f . i t h ln . H f tM f eA crep f tfpp p le f wMcA y ftde t k e e h rbld d p, e e d d e e f j 4 cewoip e d , b A rid>. b td 4 * t y eu0y *t>l d c e f U U g tt te d*H eee t t e i pt-- b tbwe v*ee ve*p i --eN pddi 4 he sprey, whfcfc atey eet b e t U M t . --oy ceete t o e -- f y dmhmm beM y e e tap e e d f n i d M A Q U A TIC W CS0 C O N TtO t * $ M W M e * d i m N n A T ( * * f l t p * o * * t c l 1 * m)I*1, f * miI b r > * * 4 < f 5 9 * f f * UtOM 'per er b e I > le , Apply m*m mmtimtm. * a b * - M *f d *>A -- l ie f tk i* Uf> 1 * * c ii ry . f h e c f * W r c e p l l> * d b y f i t mm*9 wipfo-- ce W o**4 N O T l; D b f fUotep f t a e b t t 4 4 f ,tb * f b i d n I m i i | f A f o I -- t 3 l i p b t f M y f * M * i , U w ceerte prey le m s drif. A p ff liM iM k y d i d l , t w d ie r U f ` I b e o f tie d etd f d y w b* ntete b n keaetd f c e * ip y # L 0 s a d ed epMUe e e e t M m d a i pM aie. fie 1 S elled p f heev. O n d a p p fr 4d Ib e k b d ip I 1 p f e f t p f bs f With eircreft e p p lic pd p. p f ecret by p e aen hkh p r e d fe e en sp c a e b e tedeced by epplytjep mf * UImemm4* 3 aM e f sprey ytpreyiefsdydbt TO. m* de e e s i M c b ed ep e e o is 4 y e h e the M d v e M b y I Xmm the 3 M M P f b e e r Wit ' 1 Z' ' W KUON e 100 y d b f f r ad *prty *c*i g l | *'. f Mb< * 4 d flp d - U m 10 0 b 700 | * l!a * mi fd \- SpCi* f e b f f*l | . I|I id ii. picbrli d mmd I r d b 4 . f f f f M f*id f f 4 flij o b * mtmmd pipy Hr m m p lp t b r e b Mpf w ff` ri 9 M0 9 1 w e i n 4 '--(A m im A ** u d u . ftt ff cd e f i t mi mir M m v n I f m h M 4 - n A W K U f O N l n pd f f fe b | m * 4 I f irrip f i (Indwdiwf xadMbfbpiiei <lprpj 9 1c. bHi 4f*bmPdkM. ir f lieb hM b M r f Ulpply, f f f 1 1ei i r i i y . mmm 4 m* i i p p f ic d b m mm* e d f f im A d e ` A b b l b f tmmmmmi 9'c m A m m * b q y b f f d *c f pdd e 4 BM f b i >He d ..Tk f f f , b e e t ^ b r l li f i f M w e l 10 b 14 deyt b t b i bee-- f c . b *c-- eed ed id fe p M df f tefce A f M find e A e t I t A AM eef b e 4heb f i d t b . 0 diMtebl b e i i p A p i u f di>phf * f b f m A e r f . eppfy IlW O H M weh c e p p f e l f f f 1 dey bfr f * 4 b * ep p lyef W O N eb A A e c*io* 4 th C U O O K alew b. d * m i he d ie f ap p ly <hr a p rk a btal c b f c e b M A M # t e f e p td p M ef f f m H tmktrmmt i mpI f KU SON Mcep ea apacm ed e e Ibte lab L T M pvedecl c m b e # e re d le e e a a b e a lW h d U f , bt S n i beeid b e *arfed~ta f b d 4 l 7 mmd b e d d tarepU y b efare aaiap. 1 eed t ber e t f sappriat. D e s d M e t t te Ih f mmd b baa*jb f h e y b t b i a H r a f b e * f v D h y a s 4 mmpty'.m WUm*m*m^p^i*md^ cE tSCS M fA S T U tt A m A N C 8 A M O *M 4 c M d M i,f M r p e r b e f KUPON p e o o b H *ib d Oy 3 0 b 100 | d l i n p f m by p i d A T f b f t c e e b e l A m A A M W I. Terep e b a -- y b e Iwjwf i l f b*Wd. O f f l V > b f A w d K U O O N ie 1 p e fU e a le a . 0 e d Apply b y ercreft e f k f fetiep M l lAvoffy b y b i >*a cmy ee y e f A t y f t r m 4 * 4 T f p i A H y t e d w , <m*m mi m9 2 P f b p f o<M * f 0 y * * M e< p pU 10 pelW e ' b i A eo A t, m ppif by ecre lt w i * | 3 9 f b p f ocr im | paW 3 W peN f ef e b t ^ b 4 V i p o H w mi f l f d y . Meh ><pd C elteee. f Oy * My f b * . O ef ee KUPO N e e f f . f e t * f hd i*9 bep*e (pre-- im bee b e A P e g V D irf d d le d iw , eMotf f d W dae'ro b U *pn i* i w t t d A I M A Z E DAJKT t f N U ON TKEATEO A SEA S WlTMN 7 OATS 1N OT O A A Z Z AtfAT ANIMALS O N T U A T A S E A S FO C 14 OATS IO N O T C U T GCASS FOC MAT D U O N G T H E SEA SO N O F T U A T - CAUTION- t KEEP OUT OF REACH OF CHILDREN HARMFUL IF SWALLOWED MAY CAUSE SKIN IRRITATION Avoid Contact with Ey*, Skin and Clothing NOTICS; SfM I. the eredvet t d r-- sa to cfca e lcel d t e d pti e d it ree- eecbly fit I f the pw p o M i data a e e (he lebet e h e eaed m e t c a u .f t c e M th dbe c t U f rnmtf mie l ddm ef *. b e ither fh 1 r ip il ; i r e e y MES- mCHAHTAStUTT f H T N f SS FOC A FA ST 1C U U S F U S fO S E . s t p w M pHd. h M i the mmm m*e f this yr4vt* centrary Sa la be l M tnrcfiee*, f M t r ebeerteeJ ceedftieet, e e d f mmceed ilieet t n u is n n S f r le n e e e e b U S a s e U f . owd baye eaw s the rtahef eeyswcb t*se. Nt74 fl* ^ c S 10 MPA MY \. H O % G K 0 `-J(1 K r - f - ' Tamo cavii^v:. .'ihijk-'d!.' r-`ccy -g- 1 0 ^ ctnZ-<wv.' ^'i''