Document 71Xkb4DBo7Z5qMGenVkGZpgV
JOHN F. TORNETTA, 09/14/2012
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON
AT TACOMA
ROLAND L. STEVENS and SHIRLEY J. STEVENS,
Plaintiffs, -vsCBS CORPORATION, et al.,
Case No. 3:11-CV-06073
Defendants.
Video examination of JOHN F. TORNETTA, taken at the instance of the Plaintiff, under and pursuant to Federal Rule of Civil Procedure 30(b)(6), before ANDREA REICHLE, a Registered Professional Reporter and Notary Public in and for the State of Wisconsin, at Whyte Hirshboeck Dudek, 555 East Wells Street, Suite 1900, Milwaukee, Wisconsin, on September 14, 2012, commencing at 11:10 a.m. and concluding at 6:55 p.m.
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
2
1 APPEARANCES
2 BERGMAN DRAPER LADENBURG, PLLC, by MR. MATTHEW BERGMAN,
3 MS. ANNA KNUDSON, 614 1st Avenue, 4th Floor,
4 Seattle, Washington 98104, appeared via videoconference on behalf of the
5 Plaintiffs.
6 CARNEY BADLEY SPELLMAN, P.S., by MR. TIMOTHY K. THORSON,
7 701 Fifth Avenue, Suite 3600, Seattle, Washington 98104-7010,
8 appeared via videoconference on behalf of the Defendant Cleaver-Brooks.
9 GORDON THOMAS HONEYWELL, LLP, by
10 MR. JAMES HORNE, One Union Square,
11 600 University, Suite 2100, Seattle, Washington 98101,
12 appeared via videoconference on behalf of the Defendant IMO Industries, Incorporated.
13 RIZZO MATTINGLY BOSWORTH, P.C., by
14 MR. MATTHEW MATTINGLY, 411 SW 2nd Avenue, Suite 200,
15 Portland, Oregon 97204, appeared via telephone on behalf of the Defendant
16 Warren Palms, LLC
17 A L S O P R E S E N T
18 Mr. Eric Allen, Paralegal, Bergman Draper Ladenburg, PLLC.
19 Mr. Dean van Hoogen, Videographer.
20 21 *****
22 INDEX
23 Examination By:
Page
24 Mr. Bergman.................................................................... ....... 7
25
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
1 IN DEX CO NT'D
2 Exhibit Identified:
3 No. 1 - Notice of Videotaped 30(b)(6) Deposition of Cleaver-Brooks................................
4 No. 2 - Plaintiffs' First Set of Interrogatories and Requests for Production of Documents
5 to Defendant Cleaver-Brooks, Inc., and Answers Thereto..................................
6 No. 3 - Cleaver-Brooks' Nameplate..................... No. 4 - Plaintiffs' First Set of Interrogatories
7 and Requests for Production of Documents to Defendant Aqua-Chem, Inc.,
8 Individually And As Successor to Cleaver-Brooks Company, With Answers....
9 No. 5 - Plaintiffs' Second Set of Interrogatories and Requests for Production of Documents
10 to Defendant Cleaver-Brooks, Inc., and Answers Thereto..................................
11 No. 6 - Plaintiffs' First Set of Interrogatories and Requests for Production of Documents
12 to Defendant Cleaver-Brooks, Inc., and Supplemental Answers Thereto.................
13 No. 7 - Rear Door Refracto ry Repair Or Replacement, Boiler Diameters 36, 48, 60,
14 78, 96 inches, M anual.......................... No. 7A Copy of Exhibit No. 7..........................
15 No. 8 - Service Parts Bulletin, Dated May 1 3, 1 966..............................
16 No. 9 - Refractory & Insulation Specifications, 60-inch Diameter Rear Head....................
17 No. 10 Various Advertisements and Articles........ No. 1 1 Heating Ventilating Air Conditioning
18 Guide, Dated 1951................................ No. 12 Heating Ventilating Air Conditioning
19 Guide, Dated 1 95 2................................ No. 13 Heating Ventilating Air Conditioning
20 Guide, Dated 1 95 3................................ No. 14 Heating Ventilating Air Conditioning
21 Guide, Dated 1 95 4................................ No. 15 Heating Ventilating Air Conditioning
22 Guide, Dated 1 95 5................................ No. 16 Heating Ventilating Air Conditioning
23 Guide, Dated 1 95 6................................ No. 17 Heating Ventilating Air Conditioning
24 Guide, Dated 1 95 7................................ No. 18 Heating Ventilating Air Conditioning
25 Guide, Dated 1 95 9................................
1 IN D EX CO N T'D
3 Page
19 44
89
60
102 103 1 55 1 58 1 65 1 66 1 68 1 70 1 70 1 70 171 171 1 72
4
5 1 IN D EX CO N T'D
2 Exhibit Identified:
Page
3 No. 34 - Cleaver-Brooks Model CB Packaged Boilers, Operation, Service, and Parts
4 Manual 50 Thru 100 HP, Fuel: Light Oil, Heavy Oil, Gas or Combination..............
5 No. 34A -Copy of Exhibit No. 34........................
219 --
6
7 *****
8 Disposition Of Original Exhibits:
9 Original Exhibits Nos. 7, 31, 32, 33, and 34 Retained By Mr. Bergman.
10 Original Exhibits Nos. 1 through 6, 7a Through 30, 31A,
11 3 2A, 33A, 34A Attached to Original Transcript.
12 13 14 15 16 17 18 19 20 21 22 23 24 25
6
2 Exhibit Identified:
Page
1
TRANSCRIPT OF PROCEEDINGS
3 No. 19 - Heating Ventilating Air Conditioning G uide, Dated 1 960..............................
4 No. 20 - General Service Report, Dated January 29, 1 968........................
5 No. 21 - Drawings and Specifications Relating To Cleaver-Brooks' boilers shipped to U.S.
6 Navy Air Station, Whidbey Island.......... No. 22 - Letter From Cole Industrial, Inc., to
7 Cleaver-Brooks Company, Dated September 2, 1 964......................
8 No. 23 - Letter From Harold Probandt to Frank Erickson, Dated September 8, 1 959.........
9 No. 24 - Supplemental Field Report, Dated March 25, 1 959..........................
10 No. 25 - Credit Memo, Dated February 16, 1959, and Proposal, Dated November 4, 1 958....
11 No. 26 - Various Drawings and Specifications...... No. 27 - Cleaver-Brooks Sale Order to Naval Air
12 Station, Hanger I, Whidbey Island, Washington........................................
13 No. 28 - Letter from Judy James to Vic Cerbins, Dated August 28, 1 978; Cole Industrial,
14 Inc. Purchase Order, Dated August 28, 1 978; Letter from Judy James to Otto
15 Polzin, Dated August 3, 1978; Purchase Order Documents.................................
16 No. 29 - Field Report Information Sheet, Field Report General, Field Report Oil Fuel,
17 Field Report Gas Fuel......................... No. 30 - Letter Regarding Warning or Recall........
18 No. 31 - Cleaver-Brooks Boiler Operating Manual, Progress and Monitor, Fuel: Light Oil,
19 Gas or Com bination............................. No. 31A - Copy of Exhibit No. 31........................
20 No. 32 - Cleaver-Brooks Model 4 Watertube Boiler, Steam and Hot Water, Operation, Service,
21 and Parts Manual 1 500 Thru 6000, Fuel: Light Oil, Gas or Combination..............
22 No. 32A - Copy of Exhibit No. 32........................ No. 33 - Cleaver-Brooks Model CB Packaged
23 Boilers, Operation, Service, and Parts Manual 50 Thru 100 HP, Fuel: Light Oil,
24 Heavy Oil, Gas or Combination.............. No. 33A - Copy of Exhibit No. 33........................
25
1 72 1 73 1 75 1 83 1 87 1 87 1 90 1 93 202
202 204 206 210
212
215
2 THE VIDEOGRAPHER: We are officially on 3 the record at 11:08 a.m. The date today is 4 September 14th, 2012. This is Disk No. 1 in the 5 deposition of John Tornetta. 6 This is being taken in the matter of 7 Roland Stevens, et al. versus CBS Corporation, et 8 al. This is pending in the United States District 9 Court, Western District of Washington at Racoma, 10 Case No. 1 1 -CV-6073. 11 The deposition is taking place at the 12 Offices of W hyte Hirschboeck Dudek, located at 555 13 East Wells Street, Milwaukee, Wisconsin. My name 14 is Dean van Hoogen, videographer with Brown & 15 Jones Reporting, and the court reporter is Andrea 16 Reichle. 17 Will counsel please state their 18 appearances and whom they represent, beginning 19 with plaintiffs' counsel, and then the reporter 20 will swear in the witness. 21 MR. BERGMAN: Matthew Bergman for the 22 Plaintiff. 23 MS. KNUDSON: Anna Knudson for the 24 Plaintiff. 25 MR. THORSON: Tim Thorson for Defendant
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
79
1 Cleaver-Brooks.
1 A Yes, I do.
2
MR. HORNE: Jim Horne for IMO
2 Q And I want to go through these subject areas, if I
3 Industries, Incorporated.
3 could with you, sir. First, if you could look to
4 MR. MATTINGLY: Michael Mattingly for 4 the second page of Exhibit 1.
5 Warren Palms, LLC.
5 A Okay.
6
JOHN F. TORNETTA, called as a witness
6 Q And the first subject matter that we would like to
7 herein, having been first duly sworn on oath, was 7 address is, "Cleaver-Brooks' historic knowledge of
8 examined and testified as follows:
8 human health hazards associated with asbestos."
9 EXAMINATION
9 Are you the witness who is going to be
10 BY MR. BERGMAN:
10 testifying on behalf of Cleaver-Brooks on that
11 Q Good morning, sir.
11 subject?
12 A Good morning.
12 A Yes.
13 Q Could you please state your full name? 13 MR. THORSON: And let me just, at this
14 A John F. Tornetta.
14 point, make a statement for the record.
15 Q And Mr. Tornetta, how are you employed?
15 Yesterday, Mr. Bergman and I had a conference to
16 A I'm employed by Cleaver-Brooks, Inc.
16 discuss the scope of today's deposition and the
17 Q And how long have you worked for Cleaver-Brooks? 17
very subject -- the very subject matters and
18 A I started with them in 1985.
18 topics that are going to appear in the notice of
19 Q And what position do you hold with the company,
19
deposition. And I think we had a constructive and
20 sir?
20 productive discussion about Cleaver-Brooks'
21 A Manager of technical services.
21 position.
22 Q And what do those duties entail?
22 Most of the topics, if not all of the
23 A A large portion of my duties is working with our 23
topics, parallel -- closely parallel specific
24 attorneys around the country and product liability 24 interrogatories that have previously been
25 cases, lawsuits or any other issues, related to 25 propounded to Cleaver-Brooks in this -- in this
8 10
1 product liability.
1 litigation, and Cleaver-Brooks has stated a
2 Q And can you briefly describe your educational
2 variety of objections to those requests, and those
3 background since high school?
3 interrogatories.
4 A I went to -- after high school, I went to a
4
Mr. Bergman and I spoke briefly, but I
5
three-year trade school called Williamson Trade
5
think constructively, about the nature of those
6 School in Media, Pennsylvania. That's the formal 6 objections, and, in fact, while Cleaver-Brooks
7 training or education after high school.
7 takes the position that Mr. Tornetta is certainly
8 Q And can you describe the training and experience 8 the most appropriate person to address those
9 that you have in the subject matter of boilers?
9 various topics, nonetheless those topics are -- a
10 A I worked with the company for 27 years in service, 10
number of those topics are -- for a practical
11 training, and different management positions
11 matter, are impractical for anyone to answer for
12 within the company.
12 the reasons that we have set forth in our answers
13
MR. BERGMAN: Okay. Madam Court
13 to interrogatories.
14 Reporter, will you please open up Exhibit 1 and
14
Mr. Bergman and I agreed that it was not
15 hand it -- and mark it and hand it to the witness.
15 necessary in the circumstances for Cleaver-Brooks
16 (Exhibit No. 1 was marked.)
16 to proceed with a motion to squash or for any kind
17 BY MR. BERGMAN:
17 of productive order. We are producing
18 Q Mr. Tornetta, do you understand that you have been 18
Mr. Tornetta today in the spirit of good faith,
19
designated by Cleaver-Brooks to testify on behalf
19
and we do believe that he is the most appropriate
20 of the company on certain specific subject matters 20 person to set forth Cleaver's responses to these
21 in connection with this lawsuit?
21 various topics.
22 A Yes.
22 Have I at least accurately summarized
23 Q And you understand the testimony that you're
23 what -- Mr. Bergman, what you and I discussed
24 giving is going to be on behalf of and by
24 yesterday?
25 Cleaver-Brooks?
25 MR. BERGMAN: Yes.
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
11 13
1
MR. THORSON: Okay. All right. Thank
1 Q The fifth subject is, "Cleaver-Brooks' sale,
2 you.
2 distribution, and specification of
3 BY MR. BERGMAN:
3 asbestos-containing replacement parts, including
4 Q Mr. Tornetta, the second subject matter is,
4 gaskets, packing, and insulation, to the United
5 "Cleaver-Brooks' membership in trade
5 States Navy."
6 organizations."
6 Are you the witness who is going to
7
And every question that I ask you
7 testify on that subject?
8 regarding Exhibit 1 will be subject to your
8 A Yes.
9 Counsel's comments -- or I won't say objections.
9 Q And the sixth subject is, "Cleaver-Brooks' sale,
10 But are you the witness who will be testifying on 10 distribution, and specification of
11 behalf of Cleaver-Brooks on that subject?
11 asbestos-containing replacement parts, including
12 A Yes.
12 gaskets, packing, and insulation, to Puget Sound
13 Q The third subject -- and I should clarify that
13 Naval Shipyard."
14 Mr. Thorson and I communicated, and the third
14
Once again, subject to your Counsel's
15 subject pertains to, "Cleaver-Brooks' answers to 15 comments, are you the witness designated by
16 interrogatories and requests for production in
16 Cleaver-Brooks to testify on that subject?
17
asbestos litigation, including the above-captioned
17 A Yes, I am.
18 case," and we have clarified that we are only
18 Q The seventh subject is, "Cleaver-Brooks' revenues
19 referring to interrogatories and requests for
19 from sales of asbestos-containing replacement
20 productions propounded in this case, as well as 20 parts, including gaskets, packing, and insulation,
21 the ACR 26 cases filed by my firm in 1980 and
21 to the United States Navy from 1954 to 1988."
22 2004.
22 Are you the witness testifying on that
23
So with that clarification, sir, are you
23 subject matter?
24 the witness who is going to testify on that
24 A Yes.
25 subject?
25 Q No. 8 is, "Cleaver-Brooks' revenues from sales of
12 14
1 A Yes.
1 asbestos-containing replacement parts, including
2 MR. THORSON: And let me just qualify 2 gaskets, packing, and insulation, to Puget Sound
3
that matter. You were kind enough to provide me
3
Naval Shipyard from 1954 to 1988."
4 with that qualification last evening.
4 Again, sir, are you the witness
5
Mr. Tornetta and I have not had an
5 designated by Cleaver-Brooks to testify on that
6 opportunity to review, nor has he reviewed, the
6 subject matter?
7 2004 interrogatories that you referenced. And if
7 A Yes, I am.
8 we get to that point of that deposition where you
8 Q And finally, sir, it's topic 8 (verbatim),
9
want to use those interrogatory answers with him,
9
"Cleaver-Brooks' actions, if any, taken in
10
I would ask for the courtesy of an opportunity for
10
response to its knowledge of asbestos hazards,
11 both of us to have the chance to look over the
11 including but not limited to, warnings,
12 interrogatories. And if we request the
12 experimentation with non-asbestos-containing
13 opportunity, to confer about them.
13 products, medical screening of its employees, and
14
MR. BERGMAN: If Mr. Tornetta needs to 14
consultation with physicians and/or industrial
15 request that, obviously.
15 hygienists."
16 MR. THORSON: Thank you.
16 Once again, sir, subject to your
17 BY MR. BERGMAN:
17 Counsel's comment, are you the witness to testify
18 Q The fourth in the subject area is,
18 on behalf of Cleaver-Brooks on that subject
19
"Cleaver-Brooks' manufacture, sale, distribution,
19
matter?
20 supply, and/or specification of
20 A Yes, I am, and I think you said topic 8, but I
21 asbestos-containing products."
21 believe it's topic 9.
22
Once again, subject to your Counsel's
22 Q Thank you for that clarification, sir. You are
23 comments, are you the witness designated by
23 correct. Looking at topic 7 on Exhibit 1, is it
24 Cleaver-Brooks to testify on that subject?
24 true that Cleaver-Brooks does not have any
25 A Yes, I am.
25 documents that would provide information regarding
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
15 17
1 that subject?
1 supplied, there's some evidence of that as well,
2 A Any documents we would have would be related to a 2
where it shows a part sale to a customer after the
3 specific boiler that we sold to the U.S. Navy,
3 sale of the product, the boiler itself.
4 which I think we've provided some commercial
4 Q And so --
5 records for all the boilers that I think we're
5
MR. THORSON: Let me just move to strike
6 talking about, I think, so far. So it would be
6 the non-responsive portion of the answer. I think
7 within those.
7 he may have misunderstood the scope of your
8
We don't have a historical record of
8 question.
9 everything we ever sold to the Navy. It's all
9 BY MR. BERGMAN:
10 related to specific boilers.
10 Q Does -- so are records of all aftermarket sales to
11 Q Well, would it be fair to say, sir, that
11 a boiler company contained in the particular file
12 Cleaver-Brooks is not able to calculate the
12 pertaining to the particular boiler?
13 overall or total revenue from sales of
13 MR. THORSON: Object to the form of the
14 asbestos-containing replacement parts to the
14 question. I think you said sales to a boiler
15
United States Navy in the 1954-to-1988 time frame?
15
company.
16
MR. THORSON: I will object to the form
16
MR. BERGMAN: Sales to a customer.
17 of the question. Assumes facts not in evidence.
17
MR. THORSON: Object to form.
18
THE WITNESS: We couldn't do that in a
18 BY MR. BERGMAN:
19 broad "this is everything that ever went to a 20 Navy" -- if we had a particular boiler we were
19 Q Do you understand the question, sir? 20 A I think so. I think you're asking if we sold a
21 looking at, we could see if there were any sales
21 part to a customer after the boiler was sold,
22 of that sort and look at the revenues from those
22 would those records be contained within the
23 sales, if it was available, yes. But in a broad
23 commercial -- or within the records for that
24 sense, the overall to the Navy, no, we could not.
24 boiler.
25 BY MR. BERGMAN:
25 Q Yes, sir.
16 18
1 Q Could the -- and does Cleaver-Brooks have records
1 A And the answer to that is yes.
2 documenting the overall sales of
2 Q Okay. And does that pertain to all aftermarket
3 asbestos-containing replacement parts outside the
3 sales?
4 context of the United States Navy?
4 A All aftermarket sales for that particular boiler,
5
MR. THORSON: Object to the form of the
5 yes, I guess is the way I would put that.
6 question. Overly broad.
6 Q Okay. Once again, sir, if you could look with me
7 THE WITNESS: No. All of our -- 7 to topic 8 on page 2 of Exhibit 1, pertaining to
8 BY MR. BERGMAN:
8 Cleaver-Brooks' revenues from sales of
9 Q Do you understand the question, sir? 10 A Yes, I think I do.
9 asbestos-containing replacement parts to Puget 10 Sound Naval Shipyard.
11 Q Okay. 12 A And the answer is no, we do not. Records we have
11 12
Would it also be your answer that Cleaver-Brooks does not have sales organized by
13 are related to specific boilers. So if we are
13 locations such as Puget Sound Naval Shipyard?
14 looking at a specific boiler, we could see if
14 A Well, I believe we do in relation to the boilers
15 there was an asbestos-containing replacement part 15 that were shipped that we have records of shipping
16 sold for that particular boiler, but we don't have
16 to Puget Sound Naval Shipyard. So that one is a
17 a, let's say, file or common record on every part 17 little different, and it's talking about a
18 we ever sold, no.
18 specific site, not a broad customer.
19 BY MR. BERGMAN:
19 So within the records for the boilers we
20 Q Okay. And to expand upon that, if I could, sir,
20 shipped to Puget Sound Naval Shipyard, if there
21 does Cleaver-Brooks maintain, then, records of
21 was a part sold after the boiler, it would be
22 aftermarket sales to its boiler companies --
22 within those records.
23 excuse me, to its boiler customers in any one
23 Q And in -- for how long did that practice -- well,
24 location?
24 does that practice continue to the present day?
25 A Yes, I think you'll see in some of the records we 25 And by "that practice," sir, I mean the practice
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
19 1 of documenting sales to Cleaver-Brooks' boilers in 2 the boiler -- in the particular boiler file. 3 MR. THORSON: I will object to the form 4 of the question. I believe it assumes facts not 5 in evidence, but you can answer. 6 THE WITNESS: Yes, it does continue to 7 today. If we're -- if a part is sold for a 8 specific unit boiler, the record for that specific 9 part sale or parts sale, whatever it may be, goes 10 within the records for that specific boiler. 11 BY MR. BERGMAN:
12 Q And is Cleaver-Brooks still furnishing parts --
13 replacement parts to boilers that it originally 14 sold, say, in the 1960s?
15 A Boy, I'm not sure I know the answer to that. I
16 don't -- I don't see the sales -- everyday sales 17 of any aftermarket parts. So it would be a bit of 18 a guess for me to say, yeah, definitely we are. I 19 guess I wouldn't be surprised.
20 Q Okay. And that would be because a boiler, if
21 properly maintained, can last decades?
22 A Yeah, I don't know that I -- I would say multiple
23 decades, but perhaps, yes, it depends on how it's 24 maintained, you're right. 25 MR. THORSON: I will just belatedly
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
21 this may be a work copy. It has handwriting on it. I believe I've got my own set, but I would like to know -- I think you're referring to the interrogatory -- the exhibit you handed Mr. Tornetta is the first set of interrogatories in Cleaver-Brooks' answers. Those answers were supplemented.
MR. BERGMAN: I understand. MR. THORSON: So I didn't bring a supplemented -- the original set, which -- which answer are you referring to? MR. BERGMAN: These were the ones -- and we're going to be talking about a number of them, but these are the ones that were subpoenaed by your firm on June 4th. MR. THORSON: Okay. And which response in particular are you referring to now? MR. BERGMAN: I'm starting with Interrogatory No. 1, which is on page 6. I brought the supplemental responses but not the original. Thanks, Anne. MS. KNUDSON: You're welcome. MR. THORSON: There's marginality on these. I will agree you're not waiving any work product or attorney-client privileges. I --
20 22
1 object to the form of the last question. I
1 THE WITNESS: Just so you know, that's
2 believe it was an incomplete hypothetical.
2 on my copy as well. There's things written in the
3
MR. BERGMAN: If the court reporter
3 margins.
4 could open Envelope 2 -- I'm sorry, Envelope 3,
4
MR. BERGMAN: All right. Well, unless
5 and mark it as Exhibit 2.
5 you can interpret Sam's --
6 (Exhibit No. 2 was marked.)
6 MR. THORSON: All right. We're in
7 THE WITNESS: Okay.
7 Interrogatory No. 1. Sorry, Counsel.
8 BY MR. BERGMAN:
8 BY MR. BERGMAN:
9 Q Mr. Tornetta, if you could turn to the last page
9 Q Okay. Mr. Tornetta, would you please read the --
10 of Exhibit 2.
10 and I'm directing your attention to page 6 of
11 A Yes.
11 Exhibit 2, if you would be so kind as to read the
12 Q And is that your signature, sir?
12 second full paragraph of those answers.
13 A Yes, it is.
13 A Beginning with "Since the 1930s's," is that the
14 Q And did you review the answers set forth in
14 paragraph?
15 Exhibit 2 prior to signing under the verification 16 section on the last page of the exhibit?
15 Q Yeah. 16 A "Since the 1930's, Cleaver-Brooks has designed,
17 A Yes.
17 manufactured, sold, and distributed over 120,000
18 Q I want to ask you some questions regarding --
18 boilers of different styles, types, sizes,
19 regarding these answers, and I would like you, if
19 horsepowers, pressures, fuel types, and
20 you could, sir, to please, on page 6 of Exhibit 2,
20 configurations. Various individual boilers
21 read the second full paragraph of Cleaver-Brooks' 21 manufactured and sold by Cleaver-Brooks may have
22 verified answers.
22 contained one or more parts or components which
23
MR. THORSON: I'm sorry. There were a
23
had some asbestos content. Each and every
24 couple things there. One, I appreciate the
24 asbestos-containing part or component was
25 courtesy of the copy you handed me, but I think
25 manufactured by companies other than
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
23 25
1 Cleaver-Brooks and were purchased by
1 referred to, Cleaver-Brooks has no sales records
2 Cleaver-Brooks on the open market."
2 identifying the manufacturers of the
3 Q So by this answer, Cleaver-Brooks is indicating
3 asbestos-containing components that it
4 that it did not itself manufacture
4 incorporated into its boilers; is that correct?
5 asbestos-containing products, but incorporated
5
MR. THORSON: Object to the form.
6 those products in at least some of its boilers.
6
THE WITNESS: That I believe would be
7 Would that be a fair statement, sir?
7 correct, yes.
8 A Yeah. I --
8 BY MR. BERGMAN:
9
MR. THORSON: Object to the form of the
9 Q Okay. So the only basis of Cleaver-Brooks'
10 question. I think the answer speaks for itself.
10 knowledge regarding the identity of the
11
THE WITNESS: I think it's more properly
11
manufacturers of asbestos-containing components
12
we didn't make asbestos-containing components for
12
that it incorporated into its boilers would be in
13 the boilers we made.
13 specifications produced by the company?
14 BY MR. BERGMAN:
14 A Yes, I would refer to them as the drawings and
15 Q Okay. You didn't make asbestos-containing
15 parts descriptions, but yes.
16 components, but incorporated asbestos-containing 16 Q Okay. And we'll talk about some of those later.
17 components in at least some of the boilers that
17 Are you able, sir, to provide us with an estimate
18 Cleaver-Brooks made?
18 of the percentage of Cleaver-Brooks' boilers
19 A Yes.
19 constructed in the 1950s that incorporated
20 Q And does Cleaver-Brooks have any record of
20 asbestos-containing components?
21 purchases of asbestos-containing components on the 21 A No, I couldn't provide that estimate.
22 open market as referenced in -- in response to
22 Q Okay. And how about for the 1960s?
23 Interrogatory 1 on page 6 of Exhibit 2?
23 A No. Again, I couldn't provide an estimate for
24 A No, we don't have purchasing records going back to 24
that.
25 those times.
25 Q Okay. And just for the record, how about 1970s?
24 26
1 Q Okay. How far back do Cleaver-Brooks' purchasing
1 A I couldn't provide an estimate for that either.
2 records go?
3 A I believe, based on our document retention policy,
2 Q Okay, sir. Can you provide us with a general
3 description of asbestos-containing components that
4 I believe it's seven years, but I -- it could be
4 were incorporated in Cleaver-Brooks' boilers in
5 10, but it certainly isn't much further -- any
5 the 1950s and 1960s?
6 than that.
6 MR. THORSON: Object to the form of the
7 Q Okay. So Cleaver-Brooks has no knowledge
7 question. It's overly broad. Assume facts not in
8 regarding the identities of manufacturers of the
8 evidence.
9 asbestos-containing components that it
9 THE WITNESS: I guess I -- I would
10 incorporated into its boilers?
10 hesitate to look at it generally since we made so
11
MR. THORSON: Object to the form of the
11
many different boilers and types of boilers, and
12 question.
12 narrowing it, quite frankly, down to the '50s and
13
THE WITNESS: No, I don't believe I
13 '60s, I'm not sure I could.
14 could say that. Our records call out, in certain
14
If we referred to some of the documents
15 instances, manufacturers of those various
15 that we produced in this case, I think that you'll
16
components. They may not be to a point where you
16
see where there was some gasket materials. There
17 can determine the exact manufacturer because it
17 was some insulation materials. Possibly might
18 may list more than one or, in fact, in some
18 differentiate between a rope and gasket material.
19 instances, say we're equal, which would leave it
19 I think there may have been some board materials
20 pretty much open, but I think if you look through
20 in those boilers that we were -- that we had
21 some of the records we provided, you will see
21 produced the drawings for.
22 names of some of those manufacturers.
22 Q Okay. I want to respond to your concern, for want
23 Q Fair enough, sir. And let me refine my question,
23 of a better word, on narrowing it down to '50s and
24 then, and indicate that outside -- in outside --
24 '60s. I appreciate that, sir.
25 outside of specifications and records that you've
25
Are you able to -- and I want to ask you
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
27 1 about the insulation that -- the 2 asbestos-containing insulation that may have been 3 incorporated in Cleaver-Brooks' boilers. Can you 4 describe in any greater detail the type of 5 insulation that you were referring to? 6 MR. THORSON: Object to the form of the 7 question. It's overly broad. 8 THE WITNESS: The type of insulation 9 that was, quite frankly, on my mind when I said 10 that, was an insulating material that's -- that 11 you will see on the drawings for the boilers, I 12 believe, at Whidbey Island. It was a 13 castable-type insulation in the front door -- or 14 front inner door, I'll call it.
15 Q Is that called Vee Block? 16 A In that case, I believe it was referred to as Vee
17 Block, yes.
18 Q And, sir, are you personally familiar with Vee
19 Block? 20 MR. THORSON: Object to the form of the 21 question. Vague. 22 THE WITNESS: I guess I'm familiar with 23 what it is and -- work goes in that particular 24 boiler, yes. 25 BY MR. BERGMAN:
29 1 difference between fire side and combustion air 2 side in the context of boiler operation?
3 A The combustion air side is the air used --
4 delivered to the burner for the combustion 5 process. So it's ambient air. That's whatever 6 ambient air temperature is. 7 The fire side of the boiler is the side 8 of the boiler that's after the combustion process 9 where the heat transfer is taking place through 10 the tubes.
11 Q Sir, how does Vee Block come packaged?
12 MR. THORSON: Object to the form of the 13 question. It's vague and ambiguous. Overly 14 broad. 15 THE WITNESS: In the times I've been 16 involved with it, it was in a bag. 17 BY MR. BERGMAN:
18 Q And we'll go into this in a little more detail
19 later, but how is Vee Block prepared for 20 application and then applied?
21 A In the times I've been involved with it, it was
22 mixed with water and then put in whatever space 23 with a trowel.
24 Q And when it's mixed with water, is that -- could
25 you -- is that done in a bucket or a mixer or a
28 30
1 Q Okay. Let me ask you in -- in a prior deposition,
1 trough or something else?
2 you had indicated that you actually mixed Vee
2
MR. THORSON: Object to the form.
3 Block or used Vee Block in the course of your
3
THE WITNESS: I don't recall exactly
4 professional experience. Is that indeed the case,
4 what I used to mix in it, but certainly, depending
5 sir?
5 on the amount of material you're mixing, it would
6 A Is that -- I'm sorry. I lost your last word
6 determine the vessel you will put in to mix it.
7 there.
7 BY MR. BERGMAN:
8 Q Have you actually used Vee Block yourself in the
8 Q So it could be any of the mixing receptacles that
9 course of your professional training and
9 I previously described based on the amount that
10 experience?
10 was required for a particular job?
11 A Yes, I have.
11 A Yes.
12
MR. THORSON: Let me just object to the
12 Q If you would be so kind, sir, the -- to read the
13 form of the question.
13 next paragraph on your response to Interrogatory
14 THE WITNESS: Sorry.
14 No. 1 set forth in -- on page 6 of Exhibit 2.
15 MR. THORSON: It's vague.
15 A "Boiler design was a continuing process at
16 BY MR. BERGMAN:
16 Cleaver-Brooks and the design of various parts,
17 Q And, sir, can you describe what Vee Block is used
17 components, sub-assemblies, and other elements of
18 for in a Cleaver-Brooks' boiler? What function it
18 boilers was constantly changing. Many of the
19 serves?
19 parts and components of the boilers were
20 A It's a -- the particular boilers we were looking
20 manufactured by others and the identity of those
21 at in this case that we provided the drawings, it 21 manufacturers frequently changed as did the design
22 was used as an insulation material between the
22 and manufacture of their various products.
23 fire side in the front end of the boiler and the
23 Further, each Cleaver-Brooks' boiler is configured
24 combustion air side.
24 to the unique specifications and requirements of
25 Q And can you describe for -- in layman's terms, the
25 each customer. For all of these reasons, each
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
31 1 Cleaver-Brooks' boiler is unique."
2 Q Sir, I want to address the statement that
3 Cleaver-Brooks made that the identify of the 4 manufacturers of asbestos-containing components 5 frequently changed. 6 What was the basis of Cleaver-Brooks' 7 knowledge in providing that information to us?
8 A If you look at some of the drawings we had
9 forwarded for the boilers, in particular, Whidbey 10 Island, and other ones I have come across in doing 11 this, you will see many of those drawings refer to 12 a manufacturer and then other potential 13 manufacturers of a particular product. So it was 14 a choice, not a design issue -- it was a 15 what-can-we-get type issue for a manufacturing 16 plant. So they could have used any of those 17 manufacturers, or as I pointed out earlier, in 18 some of those cases, or equal, which would have 19 left it out there for anybody else.
20 Q I want to follow up on that. "Or equal" would
21 mean that even a manufacturer that is not listed 22 on the documents that you provided -- and by this, 23 I mean the manufacturer of asbestos-containing 24 component, by -- could -- could be used by 25 Cleaver-Brooks if it met the technical
33 1 function. I wouldn't say that we necessarily 2 picked it to be an asbestos-containing product for 3 its function, which is what I was getting at when 4 I was saying whether it was asbestos-containing or 5 not. We would have chosen a gasket or whatever it 6 may be for a particular function. 7 If one supplier had asbestos in that 8 product, that gasket, for that function, then yes, 9 it would have been asbestos-containing component. 10 If another manufacturer had a gasket or whatever 11 it may be that formed -- performed the same 12 function and we used that, it may not have been an 13 asbestos-containing component. That's why I threw 14 that in there.
15 Q I appreciate that clarification, sir. And I
16 understand what you're saying. Let me try to 17 incorporate that into my next question, which is 18 that when a specification stated a particular 19 manufacturer and stated "or equal," that would 20 mean that any product that fulfilled the function 21 required could be substituted; is that correct?
22 A Yes. 23 Q Okay. And so, referring now specifically to
24 asbestos-containing components, because that's 25 what we're here to talk about, mostly, would it be
32 34
1 specifications required to fulfill the particular
1 fair to say that there was no -- that the
2 role that the -- that the component was designed
2 manufacturers of the asbestos-containing
3 for?
3 components that Cleaver-Brooks incorporated into
4 A Correct, for asbestos-containing component or any 4
its boilers changed frequently?
5 component, actually, whether that was an
5 A Yes, I believe so.
6 asbestos-containing component or not.
6 Q Okay. And when we used the word "component," sir,
7 Q Okay. Can you provide a little bit more
7 with respect to asbestos that might have --
8 illumination on that, sir?
8 asbestos that may have been incorporated into
9 A I'm not sure I can. I'm not sure what you're
9 Cleaver-Brooks' boilers, do you understand that to
10 looking for.
10 include Vee Block?
11 Q Okay. Let me -- let me try to expand on that a
11 A Yes, I believe so.
12 little bit. The asbestos-containing components
12 Q Okay. And other refractory -- in other words,
13 that Cleaver-Brooks incorporated on its boilers
13 when we're talking about components, we're not
14 were utilized, fulfilled for a particular purpose
14 just talking about metal objects that can be
15 on the operation of a boiler; is that correct?
15 screwed onto a boiler. We're talking about,
16
MR. THORSON: Object to the form of the
16
essentially, materials that are mixed and applied
17 question. It mischaracterizes testimony and form.
17 to the boiler?
18 Assumes facts not in evidence.
18 MR. THORSON: Object to the form of the
19 THE WITNESS: I would say.
19 question.
20 BY MR. BERGMAN:
20 THE WITNESS: In addition to components
21 Q Did I -- did I accurately describe your testimony,
21 that could be just screwed on or attached to the
22 sir?
22 boiler, yes, I think that's what you meant.
23 A Well, I would say I would -- I would correct it
23 BY MR. BERGMAN:
24 slightly in that you're correct that we -- that we
24 Q It is, sir. And I appreciate your clarification
25 picked a product for its form -- or for its
25 on that. Sir, if you could turn with me, please,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
35 1 to page 9 on Exhibit 2. 2 A Okay.
3 Q And I would ask you to simply read to yourself,
4 the Interrogatory No. 7, and your answer to that. 5 You don't need to read it out loud. If you could 6 read it to yourself. Take as much time as you 7 want, then I will ask you a few questions about 8 that. 9 A Okay.
10 Q So, sir, did -- did Cleaver-Brooks have a
11 technical staff that would assist in the erection 12 of its boilers at its customer location? 13 A We certainly didn't have anyone assisting an 14 erection of our boilers because our boilers 15 weren't erected on-site. They were packaged 16 boilers.
17 Q Well-stated. Thank you. Would it be fair to you
18 to say installation instead of erection? 19 A I guess that's what I was going to get at. We 20 wouldn't have been involved in installation 21 either. That's not what we got into. We did have 22 a, and do have a -- you referred to a technical 23 staff or a service group that would be involved 24 in, I guess I will refer to it, as warranty 25 issues, new products, that type of thing, where
37 1 A In connection with putting a Cleaver-Brooks' 2 boiler online, I guess I would more term it 3 start-up of the boiler. Installation is usually 4 done by, you know, others, not necessarily 5 somebody who's all that familiar with a boiler, 6 that's starting a boiler.
7 Q Okay. Would Cleaver-Brooks' technical personnel
8 be involved in the start-up of a new 9 Cleaver-Brooks' boiler? 10 MR. THORSON: Object to the form. 11 MR. BERGMAN: Typically in the 1950s and 12 60s, subject to your Counsel's objection. 13 MR. THORSON: Overly broad. 14 THE WITNESS: Not typically, as you 15 said, I guess I would say it. Certainly, did it 16 ever happen; it may have happened. But on a 17 typical basis, no, that wasn't the normal way for 18 it to be done. 19 BY MR. BERGMAN:
20 Q What was the normal way for a start-up of a
21 Cleaver-Brooks' boiler to take place? 22 MR. THORSON: Same objection. 23 THE WITNESS: There would have been a 24 local company that was familiar with boilers that 25 would have started up the boiler.
36 38
1 there's assistance needed in the field. But
1 BY MR. BERGMAN:
2 certainly not anybody that was doing day-to-day 2 Q Okay. And did Cleaver-Brooks have manufacturers'
3 work, you know, on a boiler, maintenance-type
3 reps around the country that were familiar in that
4 work, installing a boiler or anything like that,
4 start-up procedure for Cleaver-Brooks' boilers?
5 but they -- we did have a technical staff of sorts
5
MR. THORSON: Object to the form.
6 and do.
6 THE WITNESS: Yes, we did have
7 Q And would your -- yeah. And would your technical 7 manufacturers and did have manufacturers
8 staff make visits, if you would, to locations
8 representatives.
9 where Cleaver-Brooks' boilers were operating to
9 BY MR. BERGMAN:
10 address technical issues that may arise?
10 Q And do the manufacturers representatives assume
11
MR. THORSON: I will object to the form
11
responsibility for start-up-related tasks of
12
of the question as being overly broad and vague as
12
Cleaver-Brooks' boilers?
13 to time period.
13 MR. THORSON: Object to the form.
14 MR. BERGMAN: In the 1950s and '60s. 14 Overly broad. Vague.
15
THE WITNESS: Yes. If required or
15
THE WITNESS: Again, depending on the
16 needed for a particular job, it would have been.
16 product, yes, they may have.
17 I don't think I found any in any of the boilers
17 BY MR. BERGMAN:
18
we're talking about here where that happened. But
18 Q Okay. Are you familiar with a company called Cole
19 yes, if it was needed, we may have had somebody go 19 Industrial?
20 to a site.
20 A Yes.
21 BY MR. BERGMAN:
21 Q And what is the basis of your understanding of
22 Q But the -- I want to be -- would "installation" be
22 that company?
23 the correct term as opposed to "erection" in
23 A They are our representative -- manufacturers
24 connection with putting a Cleaver-Brooks' boiler
24 representative in the Northwestern United States.
25 online?
25 Q Okay. And have been since 1964; is that correct?
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
39 41
1 A I don't know the year off the top of my head, but
1 card, if there happens to be one, would be a unit
2 I'm familiar with them as long as I've been here.
2 number and sometimes a model number.
3 Q Okay. Do manufacturers -- well, let me -- in the
3
So I would have searched through those
4 1960s, did manufacturers' reps undergo training by 4 cards -- or did search through those cards.
5 Cleaver-Brooks in the startup maintenance and
5 There's several groups of them, depending on the
6 operation of Cleaver-Brooks' boilers?
6 products. So it's more than one search in one
7 A In the 1960s, I certainly couldn't tell you from a
7 place. Then once -- if I -- in this particular
8 personal experience. So I can't say for certain,
8 case, when I found the card for U.S. Naval Air
9 no. I -- since they were a representative, I
9 Station, Whidbey Island, I would have gone with
10 would have to say more than likely they went
10 that unit number to the commercial records, wanted
11 through some type of training, whatever that was. 11 to verify that that's -- there were other records
12 Q But Cleaver-Brooks would expect that its
12 related to that index card and that would have
13 manufacturers representatives -- well, strike
13 been the commercial records we were talking about
14 that. Cleaver-Brooks would expect that its
14 in this particular response.
15 representative would be fully conversed in the
15 Q And, sir, are the index cards that you testified
16 installation, operation, and maintenance of
16 to organized by location or customer or some other
17 Cleaver-Brooks' boilers, correct?
17 method?
18
MR. THORSON: Object to the form of the
18 A They're organized alphabetically by location,
19 question.
19 which as you probably are aware of, may be
20
THE WITNESS: I'm not sure I would
20 different than the customer. The boiler may have
21 include installation in that part because I'm not
21 been owned by a contractor who is technically the
22 familiar with our reps, at least in those time
22 customer but went to the U.S. Navy, Whidbey
23 periods doing installation, but certainly the
23 Island. So it would be under U.S. Navy, Whidbey
24 operation and maintenance, yes.
24 Island.
25 BY MR. BERGMAN:
25 Q Okay. I'm not sure I understood your answer, sir,
40 42
1 Q And the startup?
1 so I want to be -- so, for instance, for the four
2 A And the startup, yes.
2 boilers identified on page 11 of Exhibit 2, the
3 Q Sir, if you would kindly turn to page 11 of
3 index card indicated, was it Whidbey Island,
4 Exhibit 2.
4 Washington, or was it U.S. Navy or something else?
5 A Yes.
5 I'm just curious what you looked under to
6 Q And once again -- actually, if we could, move
7 to -- look at page 10 and 11. Please read
6 successfully locate these four boilers.
7 A Anytime I would be looking under anything with the
8 Interrogatory No. 9 and your response, and take as 8 Navy, to be honest, I would be looking under both
9 much time as you need. I'm going to ask you just
9 U.S. Navy, as well as Naval Air Station, in this
10 a few questions about that.
10 case, as well as Whidbey Island Naval Air Station,
11 A Okay.
11 and different iterations of that.
12 Q Can you describe -- well, were you the individual
12
So I can't recall off the top of my head
13 that was tasked with locating records pertaining
13 how this particular one was filed, but I would
14 to boilers at specific locations at issue in this
14 have looked through many different combinations,
15 case?
15 since they're alphabetical, that I could have come
16 A Yes, I was.
16 up with.
17 Q And can you describe the efforts that you
17 Q And in your -- this -- to be fair, sir, this isn't
18 undertook to locate those records?
18 the first time you have conducted a search like
19 A To -- the first part of the process is to
19 this?
20 determine whether there's a boiler at a specific
20 A No, it is not.
21
site. So I would have looked -- we have a series
21 Q Okay. And in your experience, sir, is it
22 of index cards, literally four-by-six index cards,
22 sometimes necessary to try a couple of different
23 that have our -- are filed alphabetically by job
23 headings before you're able to locate the
24 site, name -- job site name, I should say, and
24 particular boiler at issue?
25 location being city and state. And then on that
25 A Yes, I guess I never looked at it as trying
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
43 1 different headings. It was trying -- it was 2 looking under the reasonable ways you could 3 alphabetically list something. So I do as many 4 different ways as I think, you know, make sense. 5 So I certainly looked under U.S. Navy, looked 6 under Whidbey Island, looked under Naval Air 7 Station, and any other iteration that I can think 8 of.
9 Q And so, in your experience, sir, you don't always
10 find the card on the first -- first try?
11 A I guess I would call that whole thing my first
12 try.
13 Q Okay. 14 A I'm not sure what you mean. 15 Q You don't always find the -- for instance, you
16 don't always find the card on your first -- on the
17 first word you seek to find alphabetically in the 18 card pile?
19 A Correct. I wouldn't just take, if somebody wrote
20 it out as United States Navy, Naval Air Station, 21 Whidbey Island, and only search under "U." I 22 would search under other ones.
23 Q Okay. I understand, sir. And you typically do
24 search under several; is that correct?
25 A Yes.
45 1 sales of Cleaver-Brooks' boilers from 1932 2 forward?
3 A Yes.
4 MR. BERGMAN: If the court reporter 5 could kindly take exhibit -- or envelope 8. 6 (Exhibit No. 3 was marked.) 7 BY MR. BERGMAN:
8 Q Okay. Mr. Tornetta, can you, please -- can you
9 identify Exhibit 3 for us?
10 A It appears to be a picture of a Cleaver-Brooks'
11 nameplate.
12 Q Okay. And in the middle of Exhibit 3, there's a
13 schematic of a hand with fire coming out of it. 14 Do you see that, sir?
15 A Yes, I do. 16 Q And is that the Cleaver-Brooks' logo? 17 A It has changed on-and-off over the years, but yes,
18 it's, for as long as I can recall, the hand with 19 the flame coming out of it was part of our 20 nameplate in some way.
21 Q And during what period was Exhibit 3 a
22 representative of the nameplate that was used on 23 Cleaver-Brooks' boilers?
24 A Oh, I'm not sure I could say that for certain.
25 Our nameplates have changed many times over the
44 46
1
MR. THORSON: Object to the form of the
1
years, colors, looks. I'm not sure I could pick
2 question.
2 out a particular time for this particular one.
3
THE WITNESS: Certainly where it makes
3 Q Okay. Just respecting your answer, sir, is there
4 sense.
4 a general time you're able to associate with
5 BY MR. BERGMAN:
5 Exhibit 3?
6 Q Okay. And how many cards are there in this
6
MR. THORSON: Object to form.
7 alphabetical file, sir?
7 THE WITNESS: No, I don't believe I
8 A Oh, I think we've estimated to be in the area of
8 could. It certainly isn't more recent because
9 80 or 90,000.
9 we've changed the hand and flame a little bit
10 Q And does the card file pertain to boilers that are
10 different. But no, I don't think I could nail
11 presently operating or boilers that -- or all
11 down a before then/after then, type time.
12 boilers that Cleaver-Brooks sold in the last 50
12 BY MR. BERGMAN:
13 years or more?
13 Q And how have -- how has Cleaver-Brooks changed its
14 A All boilers and it would go back to 1932. And I
14 hand and flame insignia?
15
would add just -- beyond the cards, there is also
15 A Oh, I guess I'm thinking about more recently we've
16 a printout from the 1990s of our order entry
16 changed it to -- I refer to it as more of a
17 system at that time once things became a little
17 cartoon figure of it, but I'm sure people won't
18 more computerized where I would have looked
18 like hearing me say that, at least our marketing
19 through that, too. Again, that's an alphabetical 19 people.
20 list as well. But generally, that is boilers
20 Q All right. And, sir, was every Cleaver-Brooks'
21 shipped after the late '80s, actually, into the
21 boiler marked with a labeling plate such as it
22 early '90s.
22 appears on Exhibit 3?
23 Q Okay. And so Mr. Tornetta, just so I'm clear on
23
MR. THORSON: Object to the form of the
24 the record, you said there are at least 80,000
24 question.
25 cards in the Cleaver-Brooks' files referencing
25
THE WITNESS: I'm not sure I can say
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
47 49
1 every one had a plate, you know, similar to or
1 question. Overly broad.
2 like this. Every one would have said
2 THE WITNESS: No, it was not.
3
"Cleaver-Brooks" on it somewhere. And normally it
3 BY MR. BERGMAN:
4 was prominently displayed, but whether it's, you
4 Q Okay. Was the Cleaver-Brooks' name, to your
5 know, this particular one or one, you know,
5 knowledge, either in terms of a -- well, strike
6 similar to it, whatever that may be, I couldn't
6 that. Was there any other manner besides the
7 say for certain every one did.
7 nameplates referenced in Exhibit 3 to this
8 BY MR. BERGMAN:
8 deposition or the data plates that you described
9 Q And, typically, sir, was there any look --
9 in which the Cleaver-Brooks' name was attached to
10 particular location on the boiler -- on the
10 or displayed on a Cleaver-Brooks' boiler?
11
Cleaver-Brooks' boiler where the Cleaver-Brooks'
11
MR. THORSON: Same objection.
12 nameplate was installed?
12 THE WITNESS: I don't believe so, no.
13 A No, I guess I couldn't say "typically." It would
13 BY MR. BERGMAN:
14 depend a lot on the product, whether it was on the 14 Q Was the Cleaver-Brooks' name ever affixed, in any
15
front or on the side. Sometimes different sizes,
15
manner, to the rear door of a Cleaver-Brooks'
16 it would go on the side versus the front. But I'm 16 boiler?
17 not sure I could give you a typical place for it.
17 A No, I don't believe so.
18 Certainly it was visible.
18 Q Okay. Why is that, sir?
19 Q Okay. And in addition to the nameplates, were
19
MR. THORSON: Object to the form of the
20 there other locations on a Cleaver-Brooks' boiler 20 question. It's vague.
21 where the Cleaver-Brooks' name and/or insignia was 21
THE WITNESS: I guess I have never seen
22 emblazoned?
22 any evidence of that in our documents, and I have
23 A There normally would have also been, what I refer 23
never seen it in my experience of boilers either.
24 to, as a data plate on the boiler, which would be 24 BY MR. BERGMAN:
25 the one -- usually that's a bit smaller. That's
25 Q Again, looking at page 11 to Interrogatory
48 50
1 the one that would list the model number, the unit 1 No. 10 -- I'm sorry. Page 11 to Exhibit 2.
2 number, in some cases, electrical characteristics 2 A Okay.
3 of the burner, that type of thing.
3 Q I'm referring again -- what does "horsepower of a
4 Q And was there any location on a Cleaver-Brooks'
4 boiler" mean?
5 boiler where the nameplate, if you would, that you 5 A It's a unit of measuring the capacity of a boiler,
6 described would be affixed?
6 typically restricted to fire tube boilers in its
7
MR. THORSON: Object to the form of the
7
use. But it's a unit of measurement equal to one
8 question. You mean the data plate or the
8 horsepower is the production of 34.5 pounds of
9 nameplate?
9 steam per hour.
10
MR. BERGMAN: The data plate.
10 Q And how does the concept of horsepower pertain to
11
MR. THORSON: I think it's overly broad.
11
a boiler such Cleaver-Brooks that is not used for
12
THE WITNESS: You changed that to data 12
propulsion purposes?
13 plate, I think?
13 MR. THORSON: Object to the form of the
14 MR. BERGMAN: Yes.
14 question. It's vague.
15
THE WITNESS: Now, again, you know,
15
THE WITNESS: Our boilers weren't used
16 it -- I couldn't say "typically," you know. With
16 for propulsion purposes, deep water propulsion, I
17 both of them, the front or side are certainly a
17 guess I would say. But it was just a unit of
18 location I've seen them on. But other than that,
18 measurement that, in that particular market, is
19 I don't think I could narrow it down.
19 used. Whether it's used to drive something or not
20 BY MR. BERGMAN:
20 really doesn't matter. It's just a measurement of
21 Q Sir, in addition to nameplates or data plates, was
21
capacity. And capacity in pounds of steam per
22
the Cleaver-Brooks' name ever cast in any of the
22
hour is the equivalent.
23 metal fixtures or components that comprise the
23 BY MR. BERGMAN:
24 Cleaver-Brooks' boiler?
24 Q So if -- looking at the four boilers referenced on
25
MR. THORSON: Object to the form of the 25
page 11 of Exhibit 2, where does it indicate what
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
51 53
1 the horsepower of those particular components was? 1
MR. THORSON: Object to the form of the
2 A In the model number, the number directly behind
2
question. It's overly broad and vague. You can
3 the hyphen. So, for example, in the first listed
3 answer.
4 one where it says "CV500-50," pound symbol, "15," 4
THE WITNESS: I'm not sure I can answer
5 the "dash 50" is the horsepower. So it's a
5 that in relation to the 1960s other than to look
6 50-horsepower motor.
6 at some of the records that we've produced where
7 Q If you could turn with me, sir, to page 14 of
7 there were some supply of parts where an order
8 Exhibit 2.
8 came in, we fulfilled the order, and then invoiced
9 A Okay.
9 it.
10 Q If you could read, to yourself, Request For
10 BY MR. BERGMAN:
11 Production No. 5 and your sworn response.
11 Q Okay. So can -- does Cleaver-Brooks have any
12 A Okay.
12 knowledge regarding its policies, practices, and
13 Q Does -- is it possible for Cleaver-Brooks to
13 procedures for furnishing replacement component
14
determine the volume of replacement components
14
parts to its boilers in the 1960s?
15 that it supplied to the United States government
15
MR. THORSON: Same objection.
16 in any particular year?
16 THE WITNESS: Other than the knowledge
17
MR. THORSON: Object to the form of the
17
of looking through the records for a boiler and
18 question. Assumes facts not in evidence and
18 seeing how that was done in a particular instance,
19 overly broad.
19 I would say no, we don't.
20
THE WITNESS: No. Only if we were
20 BY MR. BERGMAN:
21 looking at a specific boiler and a specific site
21 Q And how about the 1970s, same answer?
22 could we look at what we supplied, if anything.
22 A Yeah. Certainly the general knowledge as I
23 BY MR. BERGMAN:
23 expressed before of having a person or several
24 Q Okay. And so -- and so Cleaver-Brooks cannot
24 people to answer those inquiries. Yeah, I
25 provide information regarding its sales of
25 wouldn't have an answer beyond that.
52 54
1 replacement components to the United States
1 Q Okay. And did the parts department maintain
2 government in any series of years as well?
2 records of sales of components in the 1960s?
3
MR. THORSON: Same objection.
3 A From everything I have seen, the records all
4
THE WITNESS: That is correct, yes.
4 filtered back into the unit file or records. So
5 BY MR. BERGMAN:
5 when a part was sold for a particular one, that's
6 Q In the absence of a particular boiler that's
6 where it went. So I'm not aware of any other
7 identified, there are no sales records maintained
7 common records for just parts, no.
8 by Cleaver-Brooks regarding some furnishment of 8 Q Okay. And how do you know, sir, that every sale
9 replacement components, correct?
9 of replacement components generated a document in
10 A Correct.
10 a file of the particular boiler for which the
11 Q Was there a -- and I guess let me reference the
11 components were sought?
12 time frame of 1960s. Was there a parts department 12 A I guess my only way of knowing that is by seeing
13 of Cleaver-Brooks?
13 the evidence of it as we look through our records
14 A I'm not sure I can say for certain that was the
14 and seeing that. But can I say that happened
15 case. I wasn't here in the '60s. Essentially
15 every time? Certainly not. I haven't looked at
16 when I arrived in '85, there was a very small
16 every record we have for every boiler.
17 parts department of a couple people. And my
17 Q Okay. Based on your previous testimony, you don't
18 understanding is that had been there for some 18 know whether that was, in the '60s, the policy and
19 time. So I'm not sure that gets us back to the
19 procedure of the parts department to record every
20 '60s with my personal knowledge, but I think there 20 sale in the file of the particular boiler; is that
21 was probably a person that handled inquiries like 21 correct?
22 that at least.
22 A I think that I know that our general practice in
23 Q Okay. So how would the ordering of parts take
23 those time periods, and before even, and after,
24 place -- the ordering and sale and supply of parts 24 has always been that the unit commercial records
25 take place?
25 are where everything gets filtered to. So that's
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
55 57
1 the extent of my knowledge of that.
1 discussions like that, and he went back into the
2 Q And, respectfully, sir, how do you know that --
2 '60s.
3 how do you know that took place in the '60s and
3 BY MR. BERGMAN:
4 '70s?
4 Q And who was that gentleman?
5
MR. THORSON: Object to the form of the
5 A He's retired now. His name is George Provance.
6 question. I think it's been asked and answered.
6 Q And Mr. Provance was your predecessor, so to
7 You can answer again.
7 speak?
8
THE WITNESS: Because I see it in the
8 A Yes.
9 evidence of the records that I look at in doing
9 Q And is Mr. Provance still living?
10 this. There's -- there -- you will see records of
10 A I believe so, yes.
11 sales of all different types of components for 12 specific boilers in those time periods.
11 Q And do you know where he lives? 12 A He's in the Milwaukee area. At least the last I
13 BY MR. BERGMAN:
13 knew, yes.
14 Q But you don't know whether every sale was
14 Q Okay. And his first name, sir?
15 reflected in a record in the boiler file; is that
15 A George.
16 correct?
16 Q George. And what role -- what job, if any, did
17
MR. THORSON: Object to the form of the
17
Mr. Provance have at Cleaver-Brooks?
18 question. Asked and answered.
18 A Oh, I'm not sure I remember his entire history.
19
THE WITNESS: I certainly couldn't say
19 But I know he took a -- I won't say similar track,
20 that every time, everywhere it happened, but I
20 but a track through the company starting in
21 don't have any reason to believe it didn't happen
21 service as I did and different management
22 that way.
22 positions in the company, and eventually I think
23 BY MR. BERGMAN:
23 when he retired, he was a vice president of
24 Q Okay. And I just want to -- and the basis of your
24 technical services.
25 knowledge is your review of boiler files conducted 25 Q And do you know how old a man Mr. Provance is,
56 58
1 in conjunction with litigation support for
1 approximately?
2 Cleaver-Brooks; is that correct?
2 A I think he's at least in his mid-70s.
3 A That's part of it, as well as my review of records
3 Q And did you have discussions with Mr. Provance
4 over the years prior to being involved in the
4 regarding an effort he and others were taking in
5 litigation, as well as my experience with the way 5 1989 to determine the presence or absence of
6 we did things prior to that as well.
6 asbestos-containing components in Cleaver-Brooks'
7 Q And that was an experience that commenced in 1985;
8 is that correct?
7 boilers?
8 A I guess I'm not sure I classify it as discussions.
9 A Yes.
9 Certainly we -- he told me that was done, yes.
10 Q Okay. And just so -- just so we're clear -- and I
10 Q And can you -- can you describe what Mr. Provance
11 respect where you're coming from, sir. I don't
11 told you what he did in 1989 and what he
12 want to belabor it. I want to make sure I
12 determined?
13 understand. Are we still on?
13 A Boy, I'm not sure of the exact words, certainly.
14 A Yes.
14 From my understanding, they looked at the product
15 Q Okay. We had a little -- did you -- have you
15 we were building at that time and the supplier of
16 spoken to anybody regarding the practices,
16 the components we were using of those products,
17 procedures, and policies of the parts department
17 and asked those suppliers if they could determine
18 at Cleaver-Brooks in the 1960s and 1970s?
18 whether or not there was -- or any asbestos in the
19
MR. THORSON: At any time, has he spoken 19
components we were getting at that time, and there
20 to someone at any time, specifically for this
20 was not. So I think there was a -- go ahead.
21 deposition or --
21 Q And by "that time," you mean 1989?
22 MR. BERGMAN: Any time.
22 A Yes.
23
THE WITNESS: Certainly when I started
23 Q And that was the first time that Cleaver-Brooks
24 doing this particular job in 2001, there was
24 had undertaken an effort to determine whether or
25 someone who did it before me, and he and I had
25 not asbestos components were present in its
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
59 61
1 boilers?
1 Q Under the certification, is that -- is that your
2
MR. THORSON: Object to the form of the
2 signature, sir?
3 question.
3 A Yes, it is.
4
THE WITNESS: I guess I would say it was
4 Q Okay. And did you review the interrogatory
5 the first time we took the broad look to see what
5 answers and requests for production requests set
6 we were being supplied with and if there was still
6 forth in Exhibit 5 prior to executing your
7 any asbestos in it, yes.
7 signature on page 13 of Exhibit 5?
8
MR. BERGMAN: Mr. Tornetta, I want to be
8 A Yes, I did.
9 respectful of your time and also your stamina and
9 Q And if you could turn to page 4 of Exhibit 5.
10 the calls of nature. And so if you would like to
10 A Okay.
11 take a break at this juncture, I'm completed with
11 Q What is your understanding of what Vee Block is?
12 the exhibit. But if you and your counsel would
12
MR. THORSON: Object to the form. Asked
13 like to take a break now, that's fine, or we can
13 and answered.
14 go on. I want to be respectful of you, sir.
14 THE WITNESS: A castable installation, I
15
MR. THORSON: Why don't we take a break. 15
guess, is the way I would characterize it.
16 Take five or ten minutes and come back. For my
16 BY MR. BERGMAN:
17 benefit, if no one else's.
17 Q Okay. Now, in your understanding, is Vee Block a
18
MR. BERGMAN: And I will be segueing
18 trade name, or is Vee Block more of a general
19 into that -- the 2004 interrogatory response on
19 description of a particular refractory product?
20 the next sweep. I'm happy to set up a situation
20
MR. THORSON: Objection. Foundation.
21 where you have a -- you can have a discussion
21 Vague as to time.
22 about -- ask the court reporter to leave and have
22
MR. BERGMAN: In the 1960s and '70s.
23 a discussion with Mr. Tornetta at that point.
23
THE WITNESS: I only understand it as
24
MR. THORSON: So you're planning to go
24
a -- I guess I would classify it as a trade name.
25 into the interrogatories in 2004 at this point?
25 I think that's what we referred to, you know, Vee
60 62
1
MR. BERGMAN: I am. Well, in the next
1 Block Mix in some of our drawings and some of the
2 kind of swoop of questioning.
2 drawings we've seen. I think that was a name of
3
MR. THORSON: Okay. Yeah. And are
3 Kaiser who was the supplier of that, that
4 those in front of him at this time? Do you want
4 I've -- I believe is in some of the information we
5 to open up the next exhibit so he has a chance to
5 sent.
6 look it over over the break?
6 BY MR. BERGMAN:
7
MR. BERGMAN: Sure. Is that No. 6?
7 Q Do you understand -- when Cleaver-Brooks'
8 Yes. Madam Court Reporter, could you open
8 documents refer to Vee Block, are they referring
9 envelope 6 and provide it to the witness? And
9 specifically to Kaiser Vee Block or to the type
10 then if you would -- and I say this with all
10 of -- or a particular type of refractory product?
11 respect, be so kind as to vacate yourself from the
11
MR. THORSON: Object to the form of the
12 environment so that Mr. Thorson and Mr. Tornetta
12 question. Overly broad. Vague.
13 could have a discussion.
13 THE WITNESS: I think if you look at the
14
THE VIDEOGRAPHER: We are off the record 14
drawings we supplied in this case, it's referring
15 at 12:24 p.m.
15 to a specific part number, and when you look at
16
(Exhibit Nos. 4 and 5 were marked.)
16 that part number description we supplied, it calls
17 (Recess taken.)
17 out, I believe, Kaiser as the manufacturer of it.
18 THE VIDEOGRAPHER: We are back on the 18 And I would just -- it's probably me
19 record at 12:46 p.m.
19 being more fussy than anything. I'm not sure I
20 BY MR. BERGMAN:
20 would classify it as a refractory material versus
21 Q Mr. Tornetta, if you would be so kind as to look
21 a castable installation.
22 at Exhibit 5.
22 BY MR. BERGMAN:
23 A Okay.
23 Q And can you enlighten me in the difference, then,
24 Q And in particular, look at page 13.
24 between refractory material and castable
25 A Okay.
25 installation material?
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
63 1 A In my mind, a refractory material is a harder -2 "harder" is probably not the right word, but a 3 higher strength material that, in essence, doesn't 4 do much insulation and, in fact, transfers heat. 5 An insulation material insulates.
6 Q And so the proper term of the Vee Block would be a
7 castable? 8 A I would prefer -- I would call it a castable 9 insulation. I'm sure you will see it referred to 10 as refractory. But as I say, it might just be my 11 insidiousness.
12 Q Does -- well, it's very helpful, sir, for those of
13 us who don't have your experience to benefit from. 14 So thank you for that. 15 Is a -- does the term "castable" simply 16 mean that it is cast in -- as -- you know, mixed 17 with water and cast in some form as opposed to a 18 block that's put together in the solvent form? 19 MR. THORSON: Object to form. 20 THE WITNESS: That's the way I would use 21 that term, yes. 22 BY MR. BERGMAN:
23 Q Okay. Now, do these specifications for Vee Block
24 in Cleaver-Brooks' documents require Kaiser Vee 25 Block or would an equal designation apply as well?
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
65 specifically refers to the Vee Block manufactured by Kaiser or would refer to as, in the case of Kleenex, something that fulfilled the same role?
MR. THORSON: Object to the form of the question. Are we referring to the references in Cleaver-Brooks' documents that have been produced in this case with respect to the boilers in this case or something broader than that?
MR. BERGMAN: There are a lot of references to Vee Block in Kaiser -- in Cleaver-Brooks' documents produced in this case, as well as in other sources.
MR. THORSON: I will object to the form of the question as being overly broad and vague. You can answer, if you're able to, Mr. Tornetta.
THE WITNESS: I think it may be helpful once we start looking at it to work through this, but if you look at the references that I believe you're thinking of, the multiple references of Vee Block in our documents, in all cases, those will refer to a part number.
And, then, in addition to that, we also provided a description of that part number. The description of that part number that we used, I believe, references Kaiser, which means at any
64 66
1
MR. THORSON: Object to the form.
1 time, that part number is referenced regardless of
2 Overly broad. Vague.
2 the extent of the text in the bill of material
3
THE WITNESS: I think I would have to
3 where it may just say, "Vee Block," or it may just
4 look to be certain, but I -- because I don't
4 say, "Insulation," whatever it may say, regardless
5 remember off the top of my head, but if you look
5 of what it says in that field, what drives what
6 at the documents we supplied, I think you will see
6 was used was the part number description, which is
7 that it -- that is one instance where it doesn't
7 the one that I believe references Kaiser.
8 say they're equal. It just says Kaiser.
8 BY MR. BERGMAN:
9 BY MR. BERGMAN:
9 Q And does Cleaver-Brooks have any sales records
10 Q Okay. And we'll go through these, sir, in more
10 documenting purchases of Vee Block from Kaiser?
11 detail, but in some instances there's a reference
11
MR. THORSON: Object to the form of the
12 to Kaiser, and some instances there is not. And I 12 question. Overly broad.
13 guess the -- let me -- to kind of explain what I'm
13
THE WITNESS: I think as I said before,
14 talking about. Can you see me, sir?
14 no, we don't go back to those years with sales or
15 A Yes, I can.
15 purchase records.
16 Q Okay. So here is a box of Kleenex, but it's
16 BY MR. BERGMAN:
17 actually, if I look at the bottom, it's from
17 Q And do you have a vendor file in your parts
18 Kirkland, which is the CostCo brand. But if I
18 department referencing Kaiser?
19 should choke up at the -- at the solemnity of our
19 A I certainly can't say for certain, but I know it
20
experience and have to dry my eyes, I would say,
20
wouldn't go back to the years we're talking about.
21 "Pass me a Kleenex," even though it is not a
21 Q And the basis for your testimony, so I understand
22 Kleenex manufactured by Kimberly-Clark Company. 22 it, for concluding that the Vee Block makes
23
And so when I'm trying to elicit you
23 reference to the Kaiser product is a document
24 analyzing that example is whether or not the Vee 24 spelling out Vee Block in particular, is that --
25 Block referenced in Cleaver-Brooks' documents
25 spelling out the name Kaiser in particular; is
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
67 1 that correct? 2 A Yes, for that particular part number that's 3 identified on the drawings. 4 MR. THORSON: I will belatedly object to 5 the last question as being vague. Sorry, Counsel. 6 BY MR. BERGMAN:
7 Q And, Mr. Tornetta, is there any other information
8 that you are relying upon, other than the 9 documents that you referred to, for the conclusion 10 that the Vee Block product is -- was originally 11 manufactured by Kaiser? 12 MR. THORSON: Object to the form of the 13 question. 14 THE WITNESS: I don't believe so. And, 15 again, I'm pretty certain that is one -- I would 16 have to look at the document. That is one that 17 didn't say "or equal." We may open up the rest of 18 these packets and find otherwise, but I'm going 19 with that assumption right now.
20 Q I understand, sir. I appreciate that. I'm not
21 going to hold you to that until we've gone through 22 the documents. 23 A Sure.
24 Q So I think we're clear. You have not had any
25 conversations with anybody at Cleaver-Brooks
69 1 BY MR. BERGMAN:
2 Q If you could, sir, please turn to page 7 of
3 Exhibit 5. 4 A Okay.
5 Q If you could read Interrogatories No. 6 and 7 and
6 your responses. I will ask you some questions 7 about that, but please take as much time as you 8 need to review those answers. 9 A Okay.
10 Q So Interrogatory No. 6 asks how much Vee Block
11 Cleaver-Brooks purchased on an annual basis, and 12 am I correct that Cleaver-Brooks cannot -- has no 13 records indicating how much it purchased? 14 A Correct, historically. I don't even think I could 15 figure it out today, but -- for this year, but 16 historically, no, we have no way to do that.
17 Q Okay. So in the '60s and '70s, Cleaver-Brooks
18 cannot provide any testimony regarding how much, 19 if any, Vee Block it purchased? 20 A Correct. 21 MR. THORSON: I will object to the form 22 of the question as being vague. And not to be 23 picky, the question also refers to -- the 24 interrogatories that Mr. Bergman is referencing 25 appears to be referencing two -- two labels or
68 70
1 regarding the identity of Vee Block and Kaiser.
1 possibly two products. One, which is called
2
You were relying upon the documents exclusively?
2
V-Block, "V," the letter "V," dash, "Block Mix."
3
MR. THORSON: Hold on. Before you
3 And the other, in quotes, being "Vee," V-E-E,
4 answer that question. That question I'm sure was
4 dash, "Block Mix," and it's unclear whether the
5 not intended to elicit privileged communications
5 question is referring to one product, two
6 with counsel for Cleaver-Brooks, and knowing
6 products, a product whose name changed over the
7 Mr. Bergman as I do, he would not be trying to get 7 years. So I think the question is vague and
8 that information. Nonetheless, Mr. Tornetta, you
8 ambiguous. I think he answered, though.
9 are not to disclose the facts or content of any
9 BY MR. BERGMAN:
10 communications with any legal counsel for
10 Q So just so we're clear, Cleaver-Brooks cannot say
11 Cleaver-Brooks in any context. With that
11 how much Vee Block it purchased in a given year
12 qualification, you can answer, if you understand
12 throughout the 1960s and '70s?
13 the question.
13 MR. THORSON: Same objection.
14
MR. BERGMAN: I just want to know what
14
THE WITNESS: No, I don't believe there
15 Cleaver-Brooks' position is, sir.
15 is any way we can do that.
16 THE WITNESS: My understanding of where 16 BY MR. BERGMAN:
17 that material comes from comes from the documents 17 Q All right. Interrogatory No. 7 indicates that
18 I looked at, yes.
18 Cleaver-Brooks did not re-label Vee Block. First
19 BY MR. BERGMAN:
19 of all, when you answered that question, what did
20 Q How was the Vee Block packaged?
20 you understand re-labeling to mean, so that we're
21
MR. THORSON: Object to the form of the 21
on the same page?
22 question. It is overly broad. Vague as to time.
22 A I believe it means to take, in this particular
23 It's also been asked and answered.
23 case, a bag of material and put our name on it in
24
THE WITNESS: I believe I mentioned
24 some way in lieu of the manufacturer's name.
25 before that I am familiar with it coming in bags.
25 Q Okay. And how do you know that that did not
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
71 1 occur?
2 A I'm not aware of that being our practice, in
3 general, let alone being our practice specifically 4 for that, of re-labeling product, unless someone 5 stretches it and says by putting it in our boiler 6 and labeling our boiler, it's re-labeling it, but 7 I don't think that's what you mean.
8 Q Okay. When Cleaver-Brooks -- and we will get into
9 this in a minute. When Cleaver-Brooks -10 Cleaver-Brooks would sell Vee Block as a 11 replacement component to its customer, correct? 12 MR. THORSON: Object to the form of the 13 question. It's overly broad. Vague. 14 THE WITNESS: If someone had asked for 15 it, we would have sold that to them. I didn't see 16 any evidence of that in the commercial records we 17 looked at. And quite frankly, for a 18 commodity-type of material like that, to purchase 19 it from the manufacturer of the boiler would be a 20 little unusual, but I can't say it never happened, 21 no. 22 BY MR. BERGMAN:
23 Q And you indicated it was not Cleaver-Brooks'
24 practice to re-label component parts that it sold. 25 What was the basis for that testimony, sir?
73 1 without waiving these objections, Cleaver-Brooks 2 is not aware of any asbestos-related health or 3 safety hazard in connection with normal 4 manufacture, installation, or use of its products, 5 and therefore employed no such warnings with 6 regard to asbestos." 7 BY MR. BERGMAN:
8 Q And so does Cleaver-Brooks mean by that answer
9 that no warnings were ever provided in connection 10 with the use and application of Vee Block in 11 connection with Cleaver-Brooks' boilers? 12 MR. THORSON: Object to the form of the 13 question. It's overly broad. 14 THE WITNESS: I think that would apply 15 to Vee Block as well as other components, yes. I 16 think that's what the answer says. 17 BY MR. BERGMAN:
18 Q And look at Interrogatory No. 9 set forth on page
19 8 to Exhibit 5, just go ahead and read that -20 read that Interrogatory and the Answer. I will 21 ask you a question. 22 MR. THORSON: Read it out loud? 23 MR. BERGMAN: No, sir. Read it to 24 yourself. 25 THE WITNESS: Okay.
72 74
1 A Certainly my experience with the company, my
1 BY MR. BERGMAN:
2 experience looking at records for the company, the 2 Q So you previously testified that Cleaver-Brooks
3 records we've talked about, as well as I'm sure
3 has no records regarding the volume of purchases
4 it's a discussion that I had with Mr. Provance at
4 of Vee Block that it made in the 1960s and '70s.
5 one time when I first started doing this with him.
5 Is it also true that Cleaver-Brooks has no records
6 Q And Mr. Provance indicated to you that
6 of the volume of sales of Vee Block in the 1960s
7 Cleaver-Brooks had not re-labeled products?
7 and 1970s?
8 A Correct.
8 A Correct. With -- again, the exception of looking
9 Q Okay. If you could -- I would like to direct your
9 at an individual product or boiler that was
10 attention to page 8 on Exhibit 5.
10 shipped and whether there was Vee Block as part of
11 A Okay.
11 that boiler, but certainly not on an overall
12 Q And if you could, please, read for me the question
12 basis, no.
13 and the answer.
13 Q Okay. So Cleaver-Brooks cannot provide
14
MR. THORSON: Which Interrogatory,
14 information regarding how much Vee Block it sold
15 Counsel?
15 to customers in the 1960s and 1970s?
16
MR. BERGMAN: Interrogatory No. 8, set
16
MR. THORSON: Object to the form of the
17 forth on page 8 to Exhibit 5.
17 question. Vague.
18
THE WITNESS: Okay. "Question, did
18
THE WITNESS: No. I'm not aware of a
19 Cleaver-Brooks ever place asbestos-related
19 way we could do -- provide that, no.
20
warnings on the "Vee Block Mix" or "Vee-Block Mix"
20 BY MR. BERGMAN:
21 refractory cement that it sold prior to 1975?
21 Q Okay. So the answer to my question is "yes"?
22
"Answer, See Answer and objections to
22 A Correct, correct.
23 Interrogatory No. 1. Cleaver-Brooks further
23 Q Okay. Thank you. If you could, sir, please turn
24 objects on the grounds that the Interrogatory
24 to page 9 of Exhibit 5.
25 assumes facts not in evidence. Subject to and
25 A Okay.
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
75 77
1 Q And look at Request Production No. 2 and your
1 don't have them in a place where I can go grab,
2 response. I will ask you a question or two about
2 "here's all the catalogs," or things of that sort.
3 that.
3 There's no historical record of such materials.
4 A Okay.
4 BY MR. BERGMAN:
5 Q What did you do in response to Request For
5 Q So outside of documents that are contained in
6 Production No. 2 to determine whether or not
6 particular boiler files, Cleaver-Brooks does not
7 responsive documents were in Cleaver-Brooks'
7 have in its possession documents responsive to
8 possession?
8 Request Production No. 2 set forth on page 9 of
9 A Well, I think at this particular time, we had
9 Exhibit 5?
10 already provided the Whidbey Island boilers'
10 A Correct, in a historical sense. Certainly we
11 commercial records and drawings, possibly. And we 11 would have a manual for a product today.
12 were in the process of providing the -- at this
12 Q Today?
13 particular time, the commercial records or copying 13 A Yes, but certainly not a historical sense and
14 the commercial records for PSNS. Other than that, 14 going back to the time periods we're talking
15 I don't have a historical record of catalogs or
15 about.
16 product lists or whatever that might be. So it
16 Q And by those time periods, we're talking about the
17 would be related to the particular products we're 17 '60s and '70s?
18 talking about.
18 A I think that's what you limited it to for most of
19 Q So Cleaver-Brooks -- so, first of all, sir, in
19 what we've been talking about, yes.
20 response to Requests For Production No. 2, you
20 Q Okay. Request for Production No. 4 on page 10 of
21 made an inquiry and determined whether or not
21 Exhibit 5, that simply reiterates what was set
22 there were catalogs, products list, part lists,
22 forth in the -- in -- in response -- or
23 manuals, or similar documents furnished to
23 Interrogatory No. 9 regarding the absence of any
24
potential customers which mentioned V-Block Mix or
24
records on sales of Vee Block?
25 Vee-Block Mix.
25 A Yes.
76 78
1 A I did that in relation to the sites we were 1 MR. BERGMAN: Okay. Madam Court
2 talking about. I don't have a way to do that in
2 Reporter, if you would be so kind as to open up
3 relation to everything. We don't have a
3 envelope 5, and label it as Exhibit 6 and provide
4 historical record of those types of things. I
4 it to Mr. Tornetta.
5 can't say for this particular request for
5 (Exhibit No. 6 was marked.)
6 production I did any inquiries on that because
6 BY MR. BERGMAN:
7 those are inquiries I've done many times in the
7 Q Okay. All right. Mr. Tornetta, if you would be
8 past to realize there are no historical records of
8 so kind as to look at Exhibit 6 and direct your
9 things of that sort.
9 attention to the very last page.
10 Q So Cleaver-Brooks, in its possession, has no
10 A Okay.
11 catalogs, product lists, part lists, manuals, or
11 Q Verification. Is that your signature, sir?
12 similar documents that it had furnished to
12 A Yes, it is.
13 potential customers mentioning V-Block Mix or
13 Q And prior to executing your signature on page 17
14 Vee-Block Mix?
14 of Exhibit 6, did you review the responses
15
MR. THORSON: Object to the form of the
15
provided therein?
16 question. I think it mischaracterizes his
16 A Yes, I did.
17 testimony. You can answer again.
17 Q If you would be so kind, sir, as to read to
18 THE WITNESS: In a general form, no. In 18 yourself Interrogatory No. 1 in the
19 a form related to what does this particular boiler
19 Cleaver-Brooks' response. I have a few questions
20 have, certainly I guess that would fit under the
20 to ask you on that.
21 title product lists. And I think you would have
21 A Okay.
22 seen in some of the commercial records we
22 Q I want to say this with the -- with the greatest
23 supplied, there were some, for lack of a better
23 respect and not in an argumentative fashion, can
24 term, catalogs as part of those records. So I
24 you explain for us why it was not possible for
25 certainly couldn't say we don't have them. I
25 Cleaver-Brooks to furnish an answer to
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
79 1 Interrogatory No. 1? 2 MR. THORSON: Object to the form of the 3 question. The interrogatory answer specifies in 4 great length the reasons why the interrogatory's 5 objectionable. Mr. Tornetta, you are advised not 6 to disclose any communications with counsel and so 7 forth, but I don't understand Mr. Bergman to be 8 wanting that information. So if you can answer 9 the question without disclosing communications 10 from counsel, by all means, do so. 11 THE WITNESS: As I read it, the 12 interrogatory requests an untold number of records 13 basically for every product between '54 and '84 14 that contain asbestos. And in that general sense, 15 I don't have a way to answer that other than to 16 explain to you why I don't have an answer to that, 17 which I believe the interrogatory does. 18 And as you'll see later, we answered it 19 with respect to the sites that were at issue in 20 this particular instance and provided documents 21 for those and information on those. 22 BY MR. BERGMAN:
23 Q We're just talking about too many boilers over too
24 many years to be able to provide an answer to 25 Interrogatory No. 1 --
81 1 BY MR. BERGMAN:
2 Q Let me ask you it this way. Of the boilers that
3 you have reviewed, either in the course of your 4 work in litigation-related issues or in your 5 technical work prior to then, have you ever run 6 across a Cleaver-Brooks' boiler manufactured prior 7 to 1972 that did not have any asbestos-containing 8 components within it? 9 MR. THORSON: Object to the form of the 10 question as being overly broad and vague. 11 THE WITNESS: I think what I just said 12 earlier was I know I've come across one in the 13 '70s. Whether I can narrow that down prior to 14 1972, I can't. And I think the videographer has a 15 comment. 16 THE VIDEOGRAPHER: We have five minutes 17 of recording time left. 18 MR. BERGMAN: We can go ahead and change 19 the tape. 20 THE VIDEOGRAPHER: We are off the record 21 at 1:19 p.m. 22 (Discussion off the record.) 23 THE VIDEOGRAPHER: We are back on the 24 record at 1:22 p.m. 25 BY MR. BERGMAN:
80 82
1
MR. THORSON: Object to the form of the
1 Q Mr. Tornetta, I want to refine -- or ask you, if
2 question. There is an answer to Interrogatory
2 you could, to refine your previous answer
3 No. 1. Assumes facts not in evidence. Overly
3 somewhat. You had indicated, as I understood your
4 broad. You can answer.
4 testimony, sir, that you came across boilers in
5
THE WITNESS: I would say too many
5 the '70s that did not have asbestos components.
6 different boilers over too many different years
6
Are you aware of any Cleaver-Brooks'
7 and different requirements and requests as its
7 boiler manufactured prior to 1970 that did not
8 outlined in our response and answer to
8 have asbestos components within it?
9 Interrogatory No. 1.
9 MR. THORSON: Object to the form. Asked
10 BY MR. BERGMAN:
10 and answered. You can answer.
11 Q Were there any boilers manufactured by
11 THE WITNESS: I can't say I could come
12 Cleaver-Brooks between 1954 and, say, 1974 that
12 up with one in my mind. But, again, I haven't
13 did not contain any asbestos-containing products,
13 looked at every boiler in the '60s or '50s or
14 if you can answer?
14 '40s. So without doing that, I wouldn't be able
15 A I don't think I have an accurate way to answer
15 to really answer that.
16 that because I haven't looked at every boiler
16 BY MR. BERGMAN:
17 between '54 and '74, whatever it was. I have
17 Q Of course you haven't, sir. So I guess I will ask
18 certainly run into boilers in the '70s, I can't
18 my question -- of the boilers that you have
19 say exactly where, that did not have
19 reviewed that were manufactured prior to 1970, did
20 asbestos-containing components, but I can't give
20 you find any that did not have any asbestos
21 you an exact year that was. So I don't think I
21 components within it?
22 can answer that without looking at literally every
22
MR. THORSON: Object to the form. Asked
23 file in those time frames.
23 and answered.
24
THE VIDEOGRAPHER: Excuse me. This is
24
THE WITNESS: I can't say I recall any
25 the videographer.
25 off the top of my head, no.
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
83 85
1 BY MR. BERGMAN:
1 something, the commercial records to verify that
2 Q Sir, if you would be so kind as to turn to page 11
2 information, and I've since copied those
3 of Exhibit 6.
3 commercial records and sent them along.
4 A Okay.
4 Q Okay. And what did you ultimately find the
5 Q And, actually, the question starts on page 10, if
5 boilers under? And by that, I mean, sir, was it
6 you could briefly -- or not briefly, take as much
6 location, Navy, something else, as the -- as the
7 time, look at the interrogatory and your response. 7 word that gave rise to the alphabetical indexes?
8 I will have a few questions about that.
8 A You know, I can't tell you that off the top of my
9 A Okay.
9 head. I don't recall exactly what it was. Again,
10 Q Sir, how is it that in the supplemental
10 I would have looked under -- or I did look under
11
interrogatory response, you were able to come up
11
exactly the way I described it for Whidbey Island.
12 with additional boilers manufactured by
12 The U.S. Navy, Puget Sound, Naval Shipyard, that
13 Cleaver-Brooks at Puget Sound Naval Shipyard that 13 type of, you know, detail in looking at the
14 had not been previously identified in your
14 alphabetical listing of it.
15 responses?
15 What I found it under, I don't recall.
16
MR. THORSON: I'll object to that
16 I'm sure as we look at those documents, I believe
17 question. I believe that it calls for privileged
17 it will give a name on the cover page of each
18 communications. Counsel, I think I can address 18 commercial record, and that it usually coincides
19 that and explain the -- explain that by virtue of
19 with what's on the inside of the index card.
20 the flow of information between counsel. If you
20 Q Where are the -- can you describe the manner in
21 would like me to address that on the record, I
21 which these index cards are stored?
22 would be happy to do so.
22 A In drawers. Almost as in a card catalog-type file
23
MR. BERGMAN: We don't need to do that 23
in a library, if anyone remembers what that was.
24 at this point.
24 Q I confess that I do and give my age. I know my
25
MR. THORSON: Well, I -- Mr. Tornetta, I
25
kids have no idea what that is. They don't know
84 86
1 would advise you not to answer that question if
1 what a rotary phone is.
2 you're -- if you would be divulging any
2 Sir, are those files, are they -- do
3 communications with counsel. And, frankly, I'm
3 they have a -- like in -- I mean, harkening back
4
not -- I'm not confident how you could answer that
4
to sixth grade, do these card piles have, like, a
5
question without doing so. So unless we can have
5
metal tube down the bottom that holds them into
6 a different question or -- I instruct you not to
6 place, or are they loosely held within each
7 answer.
7 drawer?
8 BY MR. BERGMAN:
8 A They're loosely held within each drawer. There's
9 Q Let me rephrase the question. Look at Responses
9
no -- nothing keeping it in the drawer other than
10
to Interrogatory 10 -- excuse me, Interrogatory 9.
10
gravity, I guess, is the way I would put it.
11 Mr. Tornetta, did you subsequently, to your search 11 Q Okay. And those cards have been in the file
12 for Whidbey Island boilers, conduct a search for 12 since -- well, those files started about 80 years
13 boilers at Puget Sound Naval Shipyard?
13 ago, in the '30s?
14
MR. THORSON: You can answer that
14 A I'm not sure when they actually started typing
15 question.
15 them and putting them on cards. They include
16 THE WITNESS: Yes, I did.
16 information going back 80 years, but it may have
17 BY MR. BERGMAN:
17 been 10, 20 years before someone said, "Oh, we
18 Q Okay. And what steps did you go through to
18 should, you know, write down every one." I really
19 conduct that search and to identify the boilers
19 don't know if it goes back that far. But yes,
20 set forth in Response to Interrogatory No. 9 of
20 they have been in the company for a long, long
21 Exhibit 6?
21 time.
22 A The same steps that I described for the U.S. Navy, 22 Q And there have been a lot of people prior to you
23 Naval Air Station, Whidbey Island. It would have 23 that have utilized those cards over the years?
24 gone through the index cards, and again, that 24
MR. THORSON: Object to the form of the
25 printout I discussed, as well as once I found
25 question. You can answer.
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
87 1 THE WITNESS: I'm not sure how to 2 characterize "a lot." Certainly people within the 3 company have had access to look at those cards. 4 BY MR. BERGMAN:
5 Q Have you ever found a card that was misfiled? 6 A I'm not sure I have. Other than, you know, not --
7 as I said, in the way I would search for names 8 like these, someone might classify, if I found it 9 under Puget Sound, it being misfiled because it 10 wasn't first under U.S. Navy. I wouldn't consider 11 that misfiled, but I don't recall coming across a 12 card as I've thumbed through others and said, "Oh, 13 this one doesn't belong here," no.
14 Q Has there ever been an instance where you have not
15 been able to find a card referencing a 16 Cleaver-Brooks' boiler in a particular location 17 where you have subsequently discovered that a 18 boiler does indeed exist there? 19 MR. THORSON: Object to the form of the 20 question. Overly broad. Vague. 21 THE WITNESS: The only instances like 22 that I can recall were instances where the name of 23 the facility was different, either what I was 24 being asked was different than what we had 25 classified it as, or the name of the facility had
89 1 methodology that you previously testified you 2 employ?
3 A I believe all except Eastern Electric. 4 Q And was that because Eastern Electric was just too
5 vague to -6 MR. THORSON: I will object. I believe 7 that would call for him to disclose communications 8 with counsel. Counsel, there was no allegation of 9 exposure to a Cleaver-Brooks' boiler at Eastern 10 Electric, and that was the basis for our -11 MR. BERGMAN: I understand. 12 MR. THORSON: We did not perform a 13 search test at that site, as we stated in our 14 objections. 15 MR. BERGMAN: Okay. Mr. Tornetta, I 16 have -- we can either -- how are you feeling, sir? 17 Do you want to take a break now? Let's ask the 18 court reporter to chime in now. Do you want to 19 take a lunch break now? We have about another 20 half-hour. It's completely up to you guys. 21 MR. THORSON: You think you have another 22 half-hour of questioning? 23 MR. BERGMAN: 20 minutes or so. 24 MR. THORSON: It sounds like Mr. Bergman 25 anticipates finishing somewhere in the half-hour
88 90
1 since changed and no one passed along that
1 range or thereabouts. Is there a preference on
2 information. But I don't recall anywhere there
2 your end in Milwaukee about taking a break for
3 was a certainty a boiler was there and that place
3 some lunch and coming back or pressing through?
4 was always ABC company and whatever Michigan, and 4 Either one is fine.
5 we didn't find a card, no.
5 THE WITNESS: I think we're all good
6 Q What did you do to determine whether or not a
6 here for pressing through.
7 Cleaver-Brooks' boiler was present at the facility
7
MR. THORSON: Good.
8 in Flint, Michigan, identified in our discovery
8 BY MR. BERGMAN:
9 requests?
10 A In Flint, Michigan?
9 Q All right. Let me direct your attention to
10 Exhibit 4.
11 Q Yes, sir. 12 A I looked under similar type things with the names.
11 A Okay. 12 Q Sir, if you could look at page 20 of Exhibit 4,
13 I would have looked under the U.S. Navy. I can't 13 and I will ask you whether that is your signature?
14 recall. Was it -- training center, I believe.
14 A Yes, it is.
15 There was some other names for it as well. I
15 Q In 2004, did you review these answers prior to
16 don't recall what they were. But I looked under
16 affixing your signature on page 20 to Exhibit 4?
17 every iteration and name I was aware of to see if 17 A I must say, I don't recall that, but my practice
18 I could find any information on a boiler we may
18 is yes, I don't sign anything I don't review. So
19 have shipped there.
19 I will say yes, I did.
20 Q And to be more fair, sir, let me direct your
20 Q Okay. And did you also review Exhibit 4 with your
21 attention to page 15 of Exhibit 6.
21 counsel today?
22 A Okay. Okay.
22 MR. THORSON: I will stipulate that
23 Q And, then, in response to this request for
23 we -- during the earlier break, we briefly went
24 production, did you look for Cleaver-Brooks'
24 through it; is that correct, Mr. Tornetta?
25 boilers at all in those locations utilizing the
25
THE WITNESS: Yes, it is. I would
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
91 1 characterize it as scanned over. 2 BY MR. BERGMAN:
3 Q Okay. All right. If you could, please, sir, look
4 at page 8 to Exhibit 4.
5 A Okay. 6 Q And if you could look to Interrogatory No. 2 and
7 your response. You don't need to read it. I will 8 ask you a question about that.
9 A Okay. I have read it or scanned it. 10 Q Okay. So my understanding is, based on this, is
11 in 1967, Cleaver-Brooks became a subsidiary of 12 Aqua-Chem?
13 A Correct. 14 Q And that prior to that time, Cleaver-Brooks was
15 not a division of Aqua Chem?
16 A Correct. 17 Q Would it be accurate to say, then, sir that any
18 document referring to Cleaver-Brooks as a division 19 of Aqua Chem would have taken -- would have been 20 generated after the merger in 1967?
21 A Any document roughly after '67. I can't say for
22 certain as of that exact date, it was a dead 23 cut-off, but yes, I've dated things in a similar 24 way. 25 MR. THORSON: Let me just belatedly
93
1 A To myself or out loud? 2 Q Out loud, if you would, please. 3 A For any product?
4 MR. THORSON: The question and answer? 5 MR. BERGMAN: If you would, please. 6 MR. THORSON: Okay. 7 MR. BERGMAN: Yeah, the question and 8 answer, sir. 9 THE WITNESS: "Question, for any 10 product, item, or piece of equipment identified in 11 response to Interrogatories 6 or 7, identify all 12 warnings you employed to protect the purchasers 13 and users of said products, items, or pieces of 14 equipment from asbestos-related harm, including in 15 your answer the text of said warning and the date 16 on which it commenced. 17 "Response, Cleaver-Brooks is not aware 18 of any asbestos-related health or safety hazards 19 in connection with normal manufacture, 20 installation, or use of its products, and 21 therefore employed no such warnings with regard to 22 asbestos." 23 BY MR. BERGMAN:
24 Q Now, when Cleaver-Brooks indicated that it was not
25 aware of any safety hazards in connection with the
92 94
1 object to the last question as I believe it was
1 normal manufacture, installation, or use of its
2 overly broad and vague.
2 products, did that answer include component parts
3 BY MR. BERGMAN:
3 that were sold after sale?
4 Q So recognizing that there might have been some
4
MR. THORSON: Object to the form of the
5 holdover for -- after the transaction in 1970, it
5 question. You mean the use of the component parts
6 would be fair to say that any document that
6 or the use of the Cleaver-Brooks' products?
7 says -- any Cleaver-Brooks document that says
7 BY MR. BERGMAN:
8 Cleaver-Brooks, a division of Aqua-Chem, would
8 Q When Cleaver-Brooks makes reference to its
9 have been generated after the 1968 merger?
9 products, what are you referring to?
10
MR. THORSON: Same objection.
10 A Products by --
11
THE WITNESS: Yes. And, essentially,
11 Q For the record, I'm referring to the reference of
12 I'm not sure you're interested in more current
12 its products set forth in response to
13 stuff, but we've since changed back to
13 Interrogatory No. 11 on page 14 of Exhibit 4.
14 Cleaver-Brooks, Inc. since 19 --
14 A Products we sell, whether they were boilers or
15 BY MR. BERGMAN:
15 potentially, I suppose, the component parts we may
16 Q When did that take place, sir? 17 A Since 2006.
16 have sold.
17 Q Okay. So this Answer to Interrogatory 11 refers
18 Q So any document prior to 1990, would a -- would
19 have been -- okay. I think we're clear.
18 to any product that Cleaver-Brooks may have sold?
19 A Yes.
20 A Yes, I think we are.
20 MR. THORSON: I will object to the form
21 Q Could you please -- I'm going to direct your
21 of the question as being overly broad. Vague.
22 attention to Exhibit 4 on page 15.
22 Calls for speculation.
23 A Okay.
23 BY MR. BERGMAN:
24 Q If you would, please, sir, read Interrogatory 11
24 Q Looking to page 51 in Exhibit 4.
25 and Cleaver-Brooks' sworn response.
25 A Okay.
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
95
1 Q Could you please read the question and
2 Cleaver-Brooks' response? 3 MR. THORSON: Which question? 4 MR. BERGMAN: Interrogatory No. 15 set 5 forth on page 15 of Exhibit 4. 6 THE WITNESS: "Question, identify all 7 measures you employed to protect your employees 8 from asbestos-related disease. 9 "Response, Cleaver-Brooks is not aware 10 of any asbestos-related health or safety hazards 11 in connection with the normal manufacture, 12 installation, or use of its products, and 13 therefore employed no such measures. See also 14 response to Interrogatory No. 22." 15 BY MR. BERGMAN:
16 Q Mr. Tornetta, it's been eight years since you
17 furnished this response to Exhibit 15. And in 18 that intervening time period, has Cleaver-Brooks 19 acquired any additional information that would 20 cause it to change its sworn response to 21 Interrogatory No. 15, set forth on page 15 of 22 Exhibit 4? 23 MR. THORSON: And, again, just by way of 24 objection, I believe, in fairness and in the 25 interest of completeness, since the answer to that
97 1 disease? 2 MR. THORSON: Object to form of the 3 question. 4 THE WITNESS: Yes, because we are not 5 aware of asbestos-related health or safety hazards 6 with the normal manufacturing installation or use 7 of our products, correct. 8 BY MR. BERGMAN:
9 Q So just so we're clear, on the record,
10 Cleaver-Brooks never utilized any measures to 11 protect its employees from asbestos-related harm? 12 MR. THORSON: Object to the form of the 13 question. Assumes facts not in evidence. It's 14 been asked now three times. 15 THE WITNESS: Correct. Again, as I 16 said, and as this response says, and several 17 others do, we're not aware of that 18 asbestos-related hazard from those actions. 19 BY MR. BERGMAN:
20 Q And if we could turn back, sir, to page 14 of
21 Exhibit 4. 22 A Okay.
23 Q And directing your attention, once again, to
24 Interrogatory No. 11, in the eight years that has 25 elapsed since Cleaver-Brooks provided its sworn
96 98
1 interrogatory references a response to
1 response, has Cleaver-Brooks acquired any
2 Interrogatory No. 22. I believe that the response
2 additional information that would cause it to
3 to Interrogatory No. 2 should be reflected in the
3 change its sworn answer to Interrogatory No. 11?
4 record at this time.
4 MR. THORSON: I will object to the form
5 BY MR. BERGMAN:
5 of the question as vague. Ambiguous.
6 Q Okay. Let me revise my question in deference to
6
THE WITNESS: No, we haven't. It would
7 Counsel's comment. I won't call that objection.
7 be the same response today as it was eight years
8
So, Mr. Tornetta, in the eight years
8 ago.
9 that have elapsed since Cleaver-Brooks provided a
9
MR. BERGMAN: Sir, this would probably
10 sworn response to Interrogatory 15, page 15 of
10 be an opportune time for us to take a break. I
11 Exhibit 4, has Cleaver-Brooks acquired any
11 know you have been at it for a while and the court
12 additional information that would cause it to
12 reporter has been at it for awhile.
13 change its response set forth on page 15 and 17 of 13
MR. THORSON: So five minutes?
14 Exhibit 4?
14 MR. BERGMAN: No. Didn't we want to
15 A No, we haven't received any additional information
15
take a lunch break?
16 that would change that response, which includes 16
MR. THORSON: Oh, I'm sorry. I thought
17 that Cleaver-Brooks has never received from an
17 you said you had 20 minutes to half-hour of
18
employee a worker compensation claim related to
18
questioning to go.
19 asbestos exposure or related asbestos injury.
19
MR. BERGMAN: We can go off the record.
20 Q Okay. So it remains Cleaver-Brooks' testimony
20
THE VIDEOGRAPHER: We are off the record
21 today that it is not aware of any asbestos-related
21 at 1:47 p.m.
22 health or safety hazards -- I'm sorry.
22 (Lunch recess, 1:47 p.m. to 2:45 p.m.)
23
It remains Cleaver-Brooks' testimony
23
THE VIDEOGRAPHER: We are back on the
24 today that it did not employ any measures to
24 record at 2:44 p.m.
25 protect its employees from asbestos-related
25 BY MR. BERGMAN:
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
99
1 Q Sir, prior to the break, we were looking at
2 Exhibit 4. I would ask you to turn, if you would, 3 sir, to page 8 of Exhibit 4. 4 A Okay.
5 Q If you could, please, read Interrogatory No. 5 in
6 Cleaver-Brooks' response. 7 MR. THORSON: Wait. Exhibit 4? 8 THE WITNESS: Yeah. You must be mixed 9 up. 10 MR. THORSON: There's no Interrogatory 5 11 on page 8. 12 MR. BERGMAN: Page 9. 13 MR. THORSON: 9, okay. 14 THE WITNESS: Okay. Did you want me to 15 read that out loud or to myself? I don't recall. 16 MR. BERGMAN: If you could read it out 17 loud, please, sir. 18 THE WITNESS: "Question, state the date 19 on which you learned that asbestos poses a hazard 20 to human health. 21 "Response, any information that this 22 defendant may have with regard to this subject 23 would be information acquired by individual 24 employees through the general media. Defendant 25 has no record of the acquisition of any such
101 1 MR. THORSON: Almost assumes facts. 2 Excuse me. 3 BY MR. BERGMAN:
4 Q And is it also -- are you familiar, sir, with the
5 term "MSDS"? 6 A Yes, I believe so.
7 Q And what do you understand that term to be?
8 A Material safety data sheet.
9 Q And at any time, did Cleaver-Brooks furnish a
10 material safety data sheet to customers that made 11 any reference to asbestos or asbestos-containing 12 products? 13 MR. THORSON: Object to the form of the 14 question. Overly broad. Vague. You can answer. 15 THE WITNESS: I'm not aware of any 16 MSDS's we had with relation to asbestos products. 17 BY MR. BERGMAN:
18 Q So just so I'm clear, Cleaver-Brooks never
19 supplied a customer with an MSDS relating to 20 asbestos and asbestos hazards? 21 MR. THORSON: Same objection. 22 THE WITNESS: I've never found any 23 record of that, and I'm not aware of it, no. 24 BY MR. BERGMAN: 25 MR. BERGMAN: If the court reporter
100 102
1 information."
1 would, open package 16. This can be off the
2 Q So first question, sir, in the eight years since
2 record. Madam Court Reporter, there should be an
3 you signed the interrogatories set forth in
3 original and copy; is that correct?
4 Exhibit 4, has Cleaver-Brooks acquired any 4 THE VIDEOGRAPHER: We are off the record
5 additional information enlightening it on when it
5 at 2:49 p.m.
6 learned that asbestos posed a potential danger to
6
(Exhibit Nos. 7 and 7A were marked.)
7 human health?
7 THE VIDEOGRAPHER: We are back on the
8
MR. THORSON: I'm assuming Counsel
8 record at 2:51 p.m.
9 intentionally means to exclude any information
9 BY MR. BERGMAN:
10 conveyed through Cleaver-Brooks' counsel.
10 Q Mr. Tornetta, I'm handing you Exhibits 7 and
11 Mr. Tornetta, you are not to disclose or refer to
11 Exhibit 7A. Can you tell us what Exhibit 7 is?
12 any communications from Counsel. With that
12
MR. THORSON: Object to the form of the
13 qualification, you can answer.
13 question. I think it's vague.
14 THE WITNESS: No, I would say we haven't 14 BY MR. BERGMAN:
15 received any other information that would make
15 Q Can you identify Exhibit 7 for us, please?
16 that answer change.
16 A It says on the title of this several-page booklet,
17 BY MR. BERGMAN:
17 I guess I will call it, stapled booklet, "Rear
18 Q So as of -- in 2012, Cleaver-Brooks cannot provide
18 Door Refractory Repair Or Replacement, Boiler
19
a date when it learned that asbestos was hazardous
19
Diameters, 36, 48, 60, 78, 96," all inches.
20 to human health?
20 Q And have you seen Exhibit 7 prior to today, sir?
21
MR. THORSON: Object to the form of the
21 A I believe I've come across it in the past. I'm
22 question. It's vague.
22 not sure I can weed out whether I came across it
23
THE WITNESS: That would be correct,
23 in the past in depositions where it's been given
24 yes.
24 to me to look at or whether I've run into it in my
25 MR. BERGMAN: Okay.
25 work at Cleaver-Brooks. I can't determine which
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
103 105
1 one is which.
1 far as authentic. I don't have any reason to
2 Q Okay. And if you could then look at 7A as well,
2 believe otherwise, I guess, is the way I would put
3 and just indicate for the record whether 7A
3 it.
4 appears to be a true and accurate copy of
4 BY MR. BERGMAN:
5 Exhibit 7.
5 Q Okay. And in the course of your work for
6 A Okay. Certainly, without reading every word, it
6 Cleaver-Brooks, both as a technical employee and
7 looks to be a copy of it, yes.
7 in litigation support, have you run across
8 Q Okay. If you could refer to Exhibit 7 for us,
8 technical manuals such that's set forth in
9 sir, and I guess my overall question is, are you
9 Exhibit 7 prior to today?
10 able to date that document? Please take -- I'm
10
MR. THORSON: Object to the form of the
11 going to be asking plenty of questions about that
11 question. It's vague.
12 document, so please take as much time as you would 12
THE WITNESS: Certainly I've run across
13 like to look over it?
13 manuals of varying types, so I'm not sure I'd say
14 MR. THORSON: I will object to the form 14 exactly like this, but certainly I have come
15
of the question. There's no foundation whatsoever
15
across their manuals.
16 supplied as to this document. Lack of foundation.
16 BY MR. BERGMAN:
17
Also, calls the witness to speculate on a document
17 Q Okay. What would be the purpose of a -- well,
18
whose authenticity has not been established. With
18
strike that. Would it be fair to say that -- to
19 that, you can answer --
19 describe Exhibit 7 as a manual?
20 BY MR. BERGMAN:
20 MR. THORSON: Object to the form of the
21 Q Let me ask a few questions in light of Counsel's
21 question. Calls for speculation. Assumes facts
22 objection. Sir, if you could look at the front
22 not in evidence. And lack of foundation. You can
23 page of Exhibit 7.
23 answer.
24 A Yes.
24 THE WITNESS: I'm not certain I would
25 Q And you see there's a reference to Cleaver-Brooks?
25
call it a manual -- I guess I -- I don't know how
104 106
1 A Yes.
1 any particular person would define "manual."
2 Q And what is the logo between the words "Cleaver"
2 There are certainly instructions within it.
3 and "Brooks" on the first page of Exhibit 7?
3 BY MR. BERGMAN:
4 A That is the hand and flame logo we were discussing 4 Q Okay. What would you -- in your words, sir, how
5 earlier.
5 would you describe Exhibit 7?
6 Q Is that the Cleaver-Brooks logo?
6 MR. THORSON: Same objections.
7 A It has been, yes.
7 THE WITNESS: I guess I would call it a
8 Q Okay. And is the font and typeface of the
8 guide for repair or replacement of rear door
9 Cleaver-Brooks' writing on page 1 of the Exhibit 7
9 refractory.
10 similar to the font and typeface on Exhibit 3?
10 BY MR. BERGMAN:
11 A When you say "page 1," you mean not page 1 as in 11 Q Okay. And to whom was this guide directed?
12 the numbered page, but the cover page?
12
MR. THORSON: Objection. Lack of
13 Q The cover page.
13 foundation. Assumes facts not in evidence. Calls
14 A Okay. I just want to make sure we're talking
14 for speculation. Lack of foundation.
15 about the same thing. It looks similar to it,
15
THE WITNESS: I don't see anything on
16 yes.
16 here that would indicate one way or the other who
17 Q Okay. And does Exhibit 7 appear to you to be an
17 it would be directed to. Essentially this type of
18 authentic Cleaver-Brooks' document?
18 work, refractory type of work, isn't your, you
19
MR. THORSON: Object to the form of the
19
know, everyday maintenance person in a facility.
20 question. Vague. Ambiguous. Calls for
20 So it may have been more directed towards people
21 speculation. Lack of foundation.
21 who did refractory-type work. But there's nothing
22
THE WITNESS: I'm not sure what I could
22
on here that would indicate to me one way or the
23 qualify as authentic Cleaver-Brooks' document.
23 other.
24 Certainly, I've run into this before in at least
24 BY MR. BERGMAN:
25 this setting. I'm not sure I can answer that as
25 Q Would it be directed toward individuals outside
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
107 1 the Cleaver-Brooks' factory? 2 MR. THORSON: Same objections. 3 MR. BERGMAN: I will give you a standing 4 objection on that, Counsel. I understand your 5 position. 6 MR. THORSON: You can answer. 7 THE WITNESS: Again, nothing on here 8 tells me that one way or the other. You said 9 outside of the Cleaver-Brooks' factory, did you 10 say? 11 MR. BERGMAN: Yes, sir. Do you 12 understand the question? 13 THE WITNESS: Yes. I just want to make 14 sure I heard it correctly. 15 MR. BERGMAN: Okay. 16 THE WITNESS: I can't imagine why it 17 would be needed in the Cleaver-Brooks factory. So 18 I guess my answer to that would be yes. 19 BY MR. BERGMAN: 20 Q So it would be directed toward either users of 21 Cleaver-Brooks' boilers or individuals who are 22 tasked with repairing and renewing and maintaining 23 Cleaver-Brooks' boilers, correct? 24 MR. THORSON: Same objection. It also 25 calls for speculation.
109 1 felt was the right way, whether they followed 2 those procedures or not. I'm not sure we had any 3 expectations one way or the other. 4 BY MR. BERGMAN: 5 Q But in providing this document -- well, I guess 6 the -- in that case, why did Cleaver-Brooks 7 provide the documents set forth in Exhibit 7? 8 MR. THORSON: I will object to the form 9 of the question. That's not what he said. He did 10 not say this was provided to anybody. Same 11 objections as previously stated. 12 BY MR. BERGMAN: 13 Q Let's try -- did Cleaver-Brooks provide this 14 document to individuals outside of Cleaver-Brooks' 15 factory? 16 A I don't have any records to show that one way or 17 the other. So I don't know. It's certainly 18 outside of our factory right now. So I would say 19 it eventually ended up outside of our factory. 20 Q Okay. And do you have any reason to dispute, sir, 21 that the documents set forth in Exhibit 7 was 22 provided to individuals charged with maintaining 23 Cleaver-Brooks' boilers outside of the company 24 back then? 25 A I'm not sure I can even answer that. I think you
108 110
1
THE WITNESS: I would probably correct
1 would have to ask the individuals you're talking
2 the user part. Again, that goes back to the --
2 about whether it was provided to them. I don't
3 what I originally said about it. I think we're
3 know how I could answer that question.
4 dealing with something that's a little more
4 Q Cleaver-Brooks printed a document that was
5 sophisticated in how it's done than somebody that
5 professionally typeset with extensive drawings,
6 simply would turn on the switch of a boiler and
6 figures, charts, and instructions?
7 make sure it had pressure in it.
7 MR. THORSON: Object to -- if that's a
8 BY MR. BERGMAN:
8 question, I will object to the form of it.
9 Q Okay. So it would be directed toward individuals
9 There's no foundation and it assumes facts not in
10 who were tasked with maintaining Cleaver-Brooks' 10 evidence.
11 boilers as opposed to simply using them in the
11 BY MR. BERGMAN:
12 course of daily life?
12 Q Are you suggesting that this document was not
13
MR. THORSON: That's also an incomplete 13
provided to customers and other users of
14 hypothetical. Same objections.
14 Cleaver-Brooks' products?
15
THE WITNESS: Yeah, that's probably --
15
MR. THORSON: Same objections.
16 you know, the only way I can think to describe it,
16
THE WITNESS: No. I think what I said
17 yes.
17 was I didn't know how to answer your question,
18 BY MR. BERGMAN:
18 which seemed to me, at least, to broadly ask
19 Q Okay. Would Cleaver-Brooks expect individuals who 19
whether or not we provided this to individuals of
20 are repairing its boilers to follow the procedures
20 this, that, or the other type. I don't know. You
21 set forth in Exhibit 7?
21 have to ask those individuals whether they
22
MR. THORSON: Same objections. Assumes 22
received it.
23 facts.
23 Again, it obviously went outside of our
24
THE WITNESS: I would say our
24 factory because it is currently outside of our
25
expectations would be that they would do what they
25
factory. We didn't make it up for nothing, I
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
111 1 suppose. But I certainly can't sit here and 2 testify that someone received this that I don't 3 know who they are and I haven't asked them if they 4 received it. 5 BY MR. BERGMAN:
6 Q I understand. But would it be fair to say, sir,
7 that the purpose of Exhibit 7 was to instruct 8 individuals on the proper maintenance and repair 9 of rear door refractory of Cleaver-Brooks' 10 boilers? 11 MR. THORSON: Object to the form of the 12 question. Assumes authenticity. Lack of 13 foundation. Calls for speculation. Assumes 14 facts. 15 THE WITNESS: I would -- I'm not sure I 16 would say that is completely what this is. It's 17 talking about replacement. I'm not sure it talks 18 too much about maintenance. And I would refer to 19 it as a guide for that. Whether that's an 20 instruction or not, you would have to tell me. 21 But certainly there are instructions within it. 22 BY MR. BERGMAN:
23 Q And in providing guidance to customers on the
24 repair or replacement of rear door refractories, 25 Cleaver-Brooks certainly expected that customers
113 1 yourself with page 2 of Exhibit 7. I'm going to 2 ask you some questions about it once you've had a 3 chance to review it. 4 A Okay. Okay. I'm ready.
5 Q Are we still on?
6 A Can you hear me okay? 7 MR. THORSON: You just suddenly got 8 quiet again. 9 THE WITNESS: One second. Can you hear 10 me any better? How about that? Can you hear me? 11 MR. THORSON: That's better. 12 THE WITNESS: Are you all right with 13 that? We're working on microphones again. Sorry. 14 MR. BERGMAN: Okay. 15 THE WITNESS: Okay. I'm ready when you 16 are. 17 BY MR. BERGMAN:
18 Q You've had a chance to familiarize yourself with
19 the second unnumbered page of Exhibit 7? 20 A Yes.
21 Q Okay. I want to ask you some questions regarding
22 the particular parts set forth on that page. And 23 in general, can you describe how the parts 24 numbering system at Cleaver-Brooks worked in the 25 '60s and '70s?
112 114
1 would heed its guidance, correct?
1 MR. THORSON: Let me just -- do I have a
2
MR. THORSON: Object to the form.
2 continuing objection as to all questions related
3
THE WITNESS: I'm not sure I could
3 to this exhibit?
4
answer what we expected a customer to do with this
4
MR. BERGMAN: Yes, you certainly do.
5 document. Certainly we made it for a reason. I'm
5
MR. THORSON: Okay.
6 not sure how to answer your question, to be quite
6
THE WITNESS: I guess I'm not sure what
7 honest with you.
7 you're looking for with that. We had part numbers
8 BY MR. BERGMAN:
8 and those part numbers would have had descriptions
9 Q Okay. And what was the reason that you understood
9
for those part numbers, similar to what you've
10 Exhibit 7 to have been made for?
10 seen in the documents we've produced.
11 MR. THORSON: Objection. Assumes facts. 11 BY MR. BERGMAN:
12 Lack of foundation. Calls for speculation.
12 Q So looking in the upper left corner of the second
13
THE WITNESS: It says, "Rear door
13 page of Exhibit 7 and recognizing Counsel has a
14 refractory repair or replacement." It is guidance
14 standing objection to the utilization of this
15 on rear door refractory repair or replacement.
15 document, it indicates part No. 872-162 Vee Block
16 BY MR. BERGMAN:
16 Mix. And I guess my question to you is, what
17 Q If you could turn to the second page of Exhibit 7.
17 system did Cleaver-Brooks utilize to characterize
18 A The second unnumbered page or page No. 2?
18 part numbers in the construction and maintenance
19 Q It is unnumbered, sir. So yes, it is unnumbered.
19 and repair of its boilers?
20
MR. THORSON: Material list, is that it?
20
MR. THORSON: Objection. Vague.
21 MR. BERGMAN: Yes.
21 THE WITNESS: I'm not sure I understand
22
THE WITNESS: Okay. I'm there.
22 that. 872-162 is the part number for Vee Block
23 BY MR. BERGMAN:
23 Mix. I think if you look at our drawings we
24 Q And I would like you, first of all, just to take
24 produced, you will see that as well. I'm not sure
25 as much time as you need just to familiarize
25 what you're looking for.
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
115 1 BY MR. BERGMAN:
2 Q Okay. So did the part number -- was that the same
3 for the construction of the boiler and the supply 4 of replacement components for the boiler? 5 A The part number would be the part number, yes. 6 Whether it was a component in the boiler or 7 something after the fact, the part number would 8 have been the same number.
9 Q Okay. And does Cleaver-Brooks today have any
10 master list of part numbers that was in use in the 11 1960s and 1970s? 12 A I have part numbers on reels of microfilm, which 13 is what we've provided -- the appropriate ones 14 with the drawings we provided. So is that what 15 you're talking about?
16 Q No, sir. I'm talking about whether there was a
17 master list, a parts list, maintained by 18 Cleaver-Brooks in the 1960s and '70s identifying 19 all of the parts that were available for 20 post-market sale and, you know, by type and 21 number. 22 A No.
23 Q Okay. And is your testimony that no document ever
24 existed or that there is no document available 25 today?
117 1 parts and components that are used to building a 2 boiler today. 3 MR. BERGMAN: Of course not. 4 THE WITNESS: I'm talking historically. 5 The only list of parts in documents we would have 6 would be the reels of microfilm I talked about. 7 BY MR. BERGMAN:
8 Q Okay. And are you aware of any significance to
9 the prefix in a Cleaver-Brooks' part number? And 10 by that I mean, the number 872, prior to the 11 actual parts number? And please take your time to 12 review page 2 of Exhibit 7 if that helps. 13 A I'm not aware necessarily of what it actually 14 means, but you will see, as you go across there, 15 that many of the ones on that list start with 872. 16 Some are 853s. I'm not quite sure it tells me 17 anything in relation to, you know, what is that 18 part, other than it's just numbered under 872 and 19 then whatever the next numbers are.
20 Q So we know that -- from looking at page 2 of
21 Exhibit 7, we know that 87 -- that part number 22 872-162 is Vee Block Mix; is that correct? 23 A That's what it says there, yes.
24 Q And looking down from that column on page -- the
25 second column on page 2 of Exhibit 7, it indicates
116 1 MR. THORSON: And just for 2 clarification, Counsel, are you referring to a 3 list outside the contents of a particular 4 commercial file for Cleaver-Brooks' boilers? 5 MR. BERGMAN: Yes, I am, yes. 6 THE WITNESS: The documents we would 7 have are the parts descriptions I described on the 8 reels of microfilm, which we produced various ones 9 that are related to the boilers we produced 10 documents on. A list of those, other than 11 appearing in various manuals, possibly, as parts, 12 I'm not aware that we have anything like that, no. 13 BY MR. BERGMAN:
14 Q You've never seen a master parts list?
15 MR. THORSON: Same objections. It's 16 vague. 17 THE WITNESS: No, I guess, if I 18 understand what you're talking about as a master 19 parts list, no. And, again, I'm not including -20 MR. BERGMAN: Well, I -21 THE WITNESS: I'm sorry. 22 MR. BERGMAN: I interrupted you, sir. I 23 apologize. 24 THE WITNESS: I'm certainly not 25 including 2012, what's in our computer system for
118 1 various pounds of Vee Block Mix corresponding with 2 various diameters of Cleaver-Brooks' boilers, do 3 you see that, sir? 4 A That's what it says there, yes.
5 Q And what does that mean?
6 MR. THORSON: Objection. Calls for 7 speculation. You can answer. 8 THE WITNESS: I believe it's the weight 9 of material needed for that particular boiler 10 size. 11 BY MR. BERGMAN:
12 Q Okay. So the bigger the boiler, the more, for
13 instance, Vee Block would be required to replace 14 a -- repair or replace a rear door refractory; is 15 that correct? 16 MR. THORSON: Object to the form. 17 Assumes facts. You can answer. 18 THE WITNESS: If that particular boiler 19 required Vee Block Mix, yes, that would be true. 20 BY MR. BERGMAN:
21 Q Okay. And just so we're clear, these parts
22 numbers that we've been referring to set forth on 23 page 2 of Exhibit 7 are Cleaver-Brooks' numbers, 24 correct? 25 MR. THORSON: Objection. Calls for
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
119 121
1 speculation.
1 in this particular case, is used on the lower
2
THE WITNESS: Yes, they are, unless, as
2
half -- outside of the lower half of the rear
3 in the next column, it calls out, as well, some
3 door.
4 other manufacturer's number.
4 Q Okay.
5 BY MR. BERGMAN:
5 A And you will also see that on the materials we
6 Q Okay. The numbering system is a Cleaver-Brooks'
6
provided on the specific boilers in this case.
7 numbering system, correct?
7 Q Okay. And, then, moving back to the fourth and
8
MR. THORSON: Same objections.
8 fifth columns on the second page of Exhibit 7,
9 THE WITNESS: Correct.
9 there are various amounts of square feet listed as
10 BY MR. BERGMAN:
10 the columns go down. Can you explain why that is?
11 Q So part No. 872-61, and I'm making reference to
11 A The diameter of the door is changing.
12 the third column on page 2 of Exhibit 7, refers to
12 Q Okay. So is more material -- more insulating
13 asbestos board and -- is that correct?
13 block required when the diameter of the door
14 A Yes. It says, "Quarter-inch asbestos board J.M.
14
increases?
15 106 or equal."
15 MR. THORSON: Object to the form of the
16 Q Okay. Did Cleaver-Brooks provide J.M. 106 to
16 question. It's overly broad.
17 customers?
17 THE WITNESS: Yes. I think the equation
18
MR. THORSON: Object to the form of the 18
for area of a circle is "2 Pi r". So as the
19 question. It's vague. Ambiguous. Overly broad.
19 diameter goes up, so does the area.
20
THE WITNESS: I believe if you look in
20 BY MR. BERGMAN:
21 the documents we provided on these boilers, you 21 Q Okay. And then the seventh column is part No.
22 will see incidents where that was part of the
22 853-348. What is that product?
23 boiler we provided, yes.
23 MR. THORSON: I think that may be the
24 BY MR. BERGMAN:
24 eighth column, just for the record.
25 Q Okay. And part No. 872-22, I'm referring to the
25
MR. BERGMAN: Yes, it is.
120 122
1 fourth column on the second page of Exhibit 7,
1 BY MR. BERGMAN:
2 what product is that?
2 Q Counsel is correct. It's the 8th column on page 2
3 A That says, "One-and-a-half-inch Hi-Temp insulating 3
of Exhibit 7. What is that product, sir?
4 block."
4 A That says, "3-Ply quarter-inch Asbestos Rope J.M.
5 Q Is that an asbestos product, sir?
5 No. 4202 or equal."
6
MR. THORSON: Objection. Foundation.
6 Q Okay. And what is that rope used for, sir, if you
7 Vague. Overly broad.
7 know?
8
THE WITNESS: I don't know. I would
8 A I would have to look at the drawings to determine
9 have to look at the manufacturer of it and see if
9 what they're saying it's used for in this. If we
10 they were able to tell me.
10 looked at the drawings for the products that we
11 BY MR. BERGMAN:
11 supplied the documents for, we could probably
12 Q Looking at part 872-167, the fifth column on page 12 determine that a little easier.
13 2 of Exhibit 7, what is that product?
13 Q Okay. We will get there in short order, sir. The
14 A It says, "One-Inch Hi-Temp insulating block." It
14
ninth column, sir, part No. 853-249, what is that
15 appears to be the same as the fourth column,
15 product, sir?
16 except a different dimension, thickness dimension. 16 A It says, "Five-Eighths-inch by five-eighths-inch
17 Q Okay. And, then, the sixth column on the second 17 Asbestos Rope."
18 page of Exhibit 7, part No. 872-86. Are you
18 Q Okay. Now, looking -- we're still on page 2 of
19 familiar with a product called Furnas-Crete?
19 Exhibit 7. Now we're on the lower box. And
20 A Yes, and I think it says "Furnas-Crete" there, "or 20
there's reference to part No. 872-26. Do you see
21 equal," and I think it's 872-96. Since I have the 21 that, sir?
22 original, it might be a little easier for me to
22 A Yes, I do.
23 see.
23 Q And what does that refer to?
24 Q Okay. In any event, what is "Furnas-Crete"?
24 A It says, "Asbestos Cement J.M. No. 450 or equal."
25 A That is a high-strength castable refractory that,
25 Q Can you remind us what the "or equal" means?
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
123 1 MR. THORSON: Object to form. 2 THE WITNESS: It would be -- or 3 something that fits the same application. 4 BY MR. BERGMAN:
5 Q Okay. And, finally, if you could work to the
6 third column from the right on the lower box on 7 page 2 of Exhibit 7, it makes reference to part 8 853-249. What product is that?
9 A That, again, says, "Five-Eighths-inch Asbestos
10 Rope."
11 Q Okay. And could you please read the note to us on
12 the lower right-hand side of page 2 of Exhibit 7?
13 A "Note: If possible, make certain that all
14 necessary parts and materials are on hand before 15 commencing major repairs, involving extended 16 interruption of service."
17 Q And now, could you look and read on the lower left
18 corner on the second page of Exhibit 7?
19 A The asterisk? 20 Q The double asterisk? 21 A The double? 22 Q Yes, sir. 23 A "Order by part number and amount required." 24 Q Does the second page of Exhibit 7 represent
25 products that Cleaver-Brooks offered for sale?
125 1 dozen columns. 2 THE WITNESS: I am not sure I would 3 characterize it as encouraging anyway. But 4 certainly if somebody called us up and asked for 5 part No. 872-196, we would ask them how much and 6 what their purchase order number was. 7 BY MR. BERGMAN:
8 Q And would those products be sold at a profit?
9 MR. THORSON: Object to the form. Calls 10 for speculation. Assumes facts. 11 THE WITNESS: I don't believe we're a 12 nonprofit organization. 13 BY MR. BERGMAN:
14 Q Okay. And so Cleaver-Brooks -- whatever -- for
15 instance, part No. 872-26, whatever it cost 16 Cleaver-Brooks to acquire from the manufacturer, 17 Cleaver-Brooks would mark up that product 18 appropriately? 19 MR. THORSON: Objection. Incomplete 20 hypothetical. Assumes facts. Vague. 21 THE WITNESS: Yes, it would be marked up 22 appropriately from us and whoever else might be in 23 that chain before or after us, which, quite 24 frankly, is the reason -- it would be unusual for 25 someone to abide -- buy commodities like this from
124 1 MR. THORSON: Object to the form of the 2 question. Overly broad. Compound. Vague. 3 THE WITNESS: I think as I responded 4 before, if someone asked us for it, we would sell 5 it to them. 6 BY MR. BERGMAN:
7 Q Okay. And in these -- on the second page of
8 Exhibit 7, indeed, wouldn't it be fair to say that 9 Cleaver-Brooks is offering its products for sale? 10 MR. THORSON: Object to the form of the 11 question. Argumentative. 12 THE WITNESS: I guess one could 13 interpret it that way. 14 BY MR. BERGMAN:
15 Q Okay. Well, how do you interpret it, sir? 16 A That here is a guide of the products, guideline
17 for the products.
18 Q Okay. And by indicating "order by part number,"
19 it would be fair to say that Cleaver-Brooks is 20 encouraging customers to purchase those products, 21 would it not? 22 MR. THORSON: I will object to the form 23 of the question. That mischaracterizes the 24 document. The double asterisk "order by part 25 number" refers to one item in front of several
126 1 us, but that's not what you asked. 2 BY MR. BERGMAN:
3 Q Okay. Why do you think it would be unusual to buy
4 commodities from -- from Cleaver-Brooks?
5 A For the reason you just stated and that
6 Cleaver-Brooks would have marked up that product. 7 Where someone -- for some of these products here, 8 the more commodity-type products, I guess I would 9 call them, could go down the street to a local 10 supply house and purchase similar products without 11 paying shipping on 60 to 350 pounds of a mix, dry 12 mix that's going to be shipped, as well as our 13 mark up.
14 Q Looking at the second -- the lower box on page 2
15 of Exhibit 7, part 872-26.
16 A Yes. 17 Q Can you explain why the volumes of cement
18 increased as the cost -- rose --
19 A Again, not knowing exactly where on these drawings
20 they show that product being used, as I thumb 21 through here quickly, I would have to look at the 22 drawings that -- for a particular boiler to see 23 exactly where it's used, but I will say that it's 24 more than likely due to the fact that the diameter 25 of the door is increasing.
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
127
1 Q If you can turn to the fourth page of Exhibit 7.
2 A Page 3 or page 1?
3 Q Sir, it's the third page -- well --
4 A There's page numbers on the bottom after the 5 drawing. Well, maybe your page numbers are cut 6 off.
7 Q I see, yes. Page -- it must be page 1,
8 "Indications." 9 A Yes, okay.
10 Q Can you describe for us the function of the rear
11 door on a Cleaver-Brooks' boiler? 12 A Well, I think if you read the first paragraph and 13 the four bullets under there, it will do that for 14 you: It retains heat, it directs combustion 15 gases, prevents leakage of combustion gases, and 16 provides access for inspecting, cleaning, etc.
17 Q So it would be fair to say it's a fairly important
18 part in the effective operation of a 19 Cleaver-Brooks' boiler? 20 A Just as important as all the other parts, yes.
21 Q Going back if we would, sir, to the first page of
22 Exhibit 7. 23 A Okay.
24 Q Are you able to provide a date for when this
25 document was prepared?
129 1 MR. THORSON: Objection. It's overly 2 broad. Vague. 3 THE WITNESS: I think in the particular 4 cases we're looking at here and in the documents 5 we provided, it was used for a -- the -- what we 6 would call the door or head gasket in the front 7 and rear of the boiler, as well as a gasket along 8 the baffle and some of the boilers we looked at. 9 There may be another gasket around where the 10 burner opening in the front is. 11 BY MR. BERGMAN:
12 Q Sir, No. 3, and I'm referring to the first
13 numbered page of Exhibit 7, states, "Check 14 condition of asbestos pulp protecting tadpole 15 gasket." First of all, do you know what asbestos 16 pulp is? 17 A I believe they're referring to the part No. 872-26 18 we saw on the last page, which was the J.M. 450 or 19 equal cement.
20 Q Could you please read to yourself the second
21 paragraph on the right column of numbered page 1 22 of Exhibit 7? 23 MR. THORSON: Paragraph beginning, "It 24 is normal"? 25 MR. BERGMAN: Yes.
128 130
1 MR. THORSON: Objection. Assumes facts. 1 THE WITNESS: Okay.
2
THE WITNESS: No. Other than as we've
2 BY MR. BERGMAN:
3 talked about earlier today, it does refer to
3 Q Was it anticipated by Cleaver-Brooks that, over
4 division of Aqua-Chem, Inc., which means it would 4 time, the refractory on the rear doors would break
5 be post 1967, roughly.
5 down and need to be replaced?
6 BY MR. BERGMAN:
6 A Again, I think we talked a little bit about that
7 Q And do you know how long Exhibit 7 was provided by 7
earlier. It certainly would depend on how the
8 Cleaver-Brooks to individuals outside the factory?
8 boiler was operated and treated over the years.
9
MR. THORSON: Objection. Assumes facts. 9
I've certainly seen boilers of many years with the
10 THE WITNESS: No, I wouldn't have any 10 original refractory and ones that didn't go that
11 idea.
11 long. So I guess it would depend on which boiler
12 BY MR. BERGMAN:
12 we're talking about.
13 Q Okay. If you could look with me, then, on page 1,
13 Q But at least in over enough period of time, it
14 toward the lower left portion. It says, "Check
14 would be -- it was at least anticipated that some
15 condition of tadpole gasket on rear flange of
15 boilers would have the refractory rear door break
16 boiler door." Do you know what a tadpole gasket 16 down and require replacement?
17 is?
17 MR. THORSON: Object to form. Overly
18 A Yes, I do, and I think this actually says, "Check 18 broad.
19 condition of tadpole gasket on rear flange of
19
THE WITNESS: That's probably a decent
20 boiler body."
20 characterization of it, yes, characterization.
21 Q Thank you. What is a tadpole gasket?
21 BY MR. BERGMAN:
22 A It's a gasket that when you cut a cross section of 22 Q If you could look with me to page 2 of Exhibit --
23 it, it looks like a tadpole. It has a head and a
23 the numbered page 2 of Exhibit 7.
24 tail.
24 A Okay.
25 Q And what is it used for?
25 Q And can you, in general terms, describe the
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
131 1 diagram set forth on that page? 2 A It's a cross section of a rear door.
3 Q Okay. Do you have a pen with you, sir?
4 A No, I don't.
5 Q Would the court reporter provide you with a pen?
6 A Okay.
7 Q If you could take Exhibit 7A.
8 A Okay.
9 Q Which is the copy?
10 A Yes.
11 Q And if on 7A -- first of all, was the block mix an
12 asbestos product? 13 MR. THORSON: Object to the form of the 14 question. Vague. Vague as to time. 15 BY MR. BERGMAN:
16 Q In 1967 or afterward?
17 A I don't know if we're in that time period. I have 18 no idea. It says that -- it refers to it -- no, 19 it doesn't on this one. I think you will find in 20 some of our drawings that we provided it calls it 21 asbestos. Whether or not it was at that time, I 22 would have to go to the manufacturer and see 23 whether it was.
24 Q And that manufacturer would be Kaiser
25 Refractories?
133 1 MR. THORSON: You can answer. 2 THE WITNESS: If you're telling me it 3 was asbestos-containing and I am to assume that 4 you are correct, then yes, I suppose it was, if 5 you're testifying to that, yes. 6 BY MR. BERGMAN:
7 Q Okay. Could you -- and then with respect to the
8 insulating block identified on page 2 to 9 Exhibit 7, was that an asbestos-containing 10 product? 11 MR. THORSON: Object to form. 12 THE WITNESS: I don't know. I would 13 have to look at the part numbers for it and the 14 part description to see if there's a manufacturer 15 listed and whether or not that manufacturer could 16 be contacted to see if it was. 17 BY MR. BERGMAN:
18 Q Okay. Clearly looking, once again, down at page 2
19 of the diagram, the quarter-inch asbestos board 20 was clearly an asbestos product, correct? 21 A Well, that's what it says there. Whether or not 22 it was asbestos the entire time this document was 23 used, or even when this document was produced, I 24 certainly couldn't say. I would have to check 25 with -- I think they refer to it as J.M. 106 or
132 1 MR. THORSON: Object to the form. Calls 2 for speculation. 3 THE WITNESS: I believe that was what we 4 discussed before. Again, I would have to look at 5 those drawings to see if they said "Kaiser or 6 equal" or not. I don't recall. 7 BY MR. BERGMAN:
8 Q Okay. I will represent to you, sir, that in 1967,
9 at least through 1974, Kaiser Vee Block was an 10 asbestos-containing product. Assume that to be 11 true -- assuming that to be true, was the Vee 12 Block Mix identified on page 2 of Exhibit 7 an 13 asbestos product? 14 MR. THORSON: I will object to the form 15 of the question. Also assumes facts. Incomplete 16 hypothetical. Calls for speculation. 17 THE WITNESS: I think that's what you 18 just testified to. 19 BY MR. BERGMAN:
20 Q So insofar as it was a Kaiser Vee Block product,
21 it would have been asbestos-containing? 22 MR. THORSON: Based on your 23 representation, Counsel, that it was 24 asbestos-containing? 25 MR. BERGMAN: Yes.
134 1 equal to see if it was.
2 Q Could you please -- looking at page 4 of
3 Exhibit 7, if you could read from -- to yourself, 4 from where it indicates a note all the way to the 5 end of section 1 before we start on section 2. 6 A And you're talking about page No. 4?
7 Q Yes, sir.
8 A And reading again -- I'm sorry. I was looking to 9 make sure I had the right thing.
10 Q Starting from "Note."
11 MR. THORSON: The left-hand column on 12 the upper right-hand -- upper left-hand corner? 13 MR. BERGMAN: Yes, please. 14 THE WITNESS: Through what again? 15 MR. BERGMAN: The left-hand column 16 starting on "Note" through the bottom of the 17 right-hand column before you get to section 2. 18 THE WITNESS: Okay. Okay. 19 BY MR. BERGMAN:
20 Q What is the purpose of the caution label on page 4
21 of Exhibit 7? 22 MR. THORSON: Excuse me. Excuse me. 23 Just an objection to the form. I think the 24 document speaks for itself. It calls for the 25 witness to speculate. You can answer.
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135 1 THE WITNESS: I think it's bringing up 2 the fact that, depending on the specific boiler, 3 things may be different than what it shows, and 4 it's just bringing that to light. 5 BY MR. BERGMAN:
6 Q Is it -- and why is it -- why is the caution label
7 circled in bold face? 8 MR. THORSON: Same objections. 9 THE WITNESS: I think I would have to 10 ask the person who drafted the document. I have 11 no idea. 12 BY MR. BERGMAN:
13 Q Would you agree that the purpose is to draw the
14 reader's attention to a potential hazard arising 15 out of the replacement of refractory materials on 16 Cleaver-Brooks' boiler doors? 17 MR. THORSON: I will object to the 18 characterization of this -- this paragraph or this 19 section. There's no reference to refractory here. 20 Misleading. Mischaracterizes the document. You 21 can answer. 22 THE WITNESS: I don't believe it's 23 talking about a hazard at all. It's just bringing 24 light to the fact that if you're doing this type 25 of work, be aware that things are not always
137 1 that as hazardous. It just wouldn't work 2 properly. 3 BY MR. BERGMAN:
4 Q Okay. All right. If you could turn with me to
5 page 5 of Exhibit 7. 6 A Okay.
7 Q Could you please read the note on page 5 of
8 Exhibit 7? 9 MR. THORSON: Out loud or to himself? 10 MR. BERGMAN: Out loud. 11 THE WITNESS: "Note, when insulation or 12 refractory must be removed from all or most of the 13 rear door prior to repair, it should be removed in 14 this order: Upper half, baffle tiles, lower half. 15 In replacing the insulation in the refractory is 16 replaced in this order: Baffle tiles, lower half, 17 upper half."
18 Q Okay. And if you could they be read the bottom
19 paragraph on the left-hand side of page 5 of 20 Exhibit 7 going into the right-hand column? 21 MR. THORSON: Paragraph beginning 22 "removal of"? 23 MR. BERGMAN: Yes. 24 THE WITNESS: "Removal of Vee Block Mix 25 and refractory. This material can best be removed
136 1 exactly the way they show in here, which is -- I 2 agree with you completely, I would look at the 3 specific drawings, which ultimately is what's 4 being said in the very last paragraph of that 5 section, where it says, "Be prepared to include 6 the model and serial number of the boiler." So 7 those specific drawings could be looked at to see 8 just how that particular boiler was put together, 9 which goes back to this being a guide to give 10 someone an idea. 11 BY MR. BERGMAN:
12 Q Because using the wrong parts in rear door
13 refractory repair or replacement could be 14 dangerous? 15 MR. THORSON: Object to the form of the 16 question. It's vague as to "the wrong parts." 17 THE WITNESS: I'm not sure I'd 18 characterize it as being dangerous. Using the 19 wrong parts may not work. They're talking 20 specifically in that -- in this section about the 21 length of the baffle. If the baffle that someone 22 puts in is too long or too short, then when you 23 close it back up, the baffle is going to break 24 against the tube sheet or it's not going to meet 25 the tube sheet. I'm not sure I would refer to
138 1 with the aid of electric or air hammer, if 2 available. Caution should be used to avoid 3 damaging or dislodging cup head insulation pins 4 and/or refractory anchors, both of which are 5 normally concealed by refractory or Vee Block Mix. 6 If any of these are knocked loose or damaged, they 7 should either be reaffixed or replaced with new 8 ones, welded to the steel shell of the rear door 9 in the same manner and location. If any of the 10 old refractory or Vee Block is to be left, it 11 should be undercuts as to anchor the new material 12 firmly in place. All dust, dirt, and foreign 13 materials should be carefully cleaned from the 14 door after removal of the refractory or Vee Block 15 Mix before commencing to replace it." 16 BY MR. BERGMAN:
17 Q Sir, is this work described on page 5 of Exhibit 7
18 the work that you had personally performed in your 19 prior employment history with Cleaver-Brooks? 20 A I'm trying to see, you know. I've done a lot of 21 different work on boilers. I'm not certain I have 22 torn out the refractory on a rear door. So I 23 can't say for certain. But I certainly wouldn't 24 say I definitely didn't. I don't remember every 25 place I ever went to.
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JOHN F. TORNETTA, 09/14/2012
139 141
1 Q Okay. Have you ever seen others tearing out the
1 used an electric air hammer -- an electric or a
2 refractory on the rear door on the Cleaver-Brooks'
2 pneumatic hammer or chisel?
3 boiler?
3 MR. THORSON: In connection with Vee
4
MR. THORSON: Not to be picky here. But
4
Block?
5 that note says Vee Block Mix and/or refractory.
5
MR. BERGMAN: No. Just in general.
6 Your question is just about refractory, or are you
6
THE WITNESS: In the course of my
7 broader than that?
7 career, no, I don't believe so -- well, I -- I've
8 BY MR. BERGMAN:
8 used a hammer drill, I'm sure, drilling through
9 Q Have you ever seen anybody -- have either yourself
9
concrete.
10 or somebody else -- strike that. Have you or
10 BY MR. BERGMAN:
11
somebody you have observed undertaken the work
11 Q Okay. So is it possible to remove Vee Block with
12 process described on page 5 that you just read to
12 a pneumatic chisel or hammer without creating
13 us?
13 dust?
14 A Not that I can come up with in my mind at this
14
MR. THORSON: Objection. Calls for
15 moment. I don't recall that being something I
15 speculation. Also asked and answered. Lack of
16 stood there and watched someone do or did myself. 16 foundation.
17 But, again, I've seen lots of different boilers in
17
THE WITNESS: Again, without being the
18 25-plus years.
18 person to do that, I can't say. I think that
19 Q Sir, you read a work process to us regarding
19 would be a question for someone who is more
20 removal of Vee Block and refractory with the aide
20 qualified to answer that.
21 of an electric or air handler. Is it possible to
21 BY MR. BERGMAN:
22 perform that work as described from page 5 of
22 Q Okay. And just so -- I respect where you're
23 Exhibit 7 without creating dust?
23 coming from, sir. So what type of person would be
24
MR. THORSON: Objection. Calls for
24 more qualified than you to answer that question?
25 speculation.
25 I'm not saying -- I don't mean any disrespect in
140 142
1
THE WITNESS: Not recalling a time when
1
that question, sir. I'm just trying to ascertain
2 I did it, I don't necessarily know the answer to
2 who would be better qualified to opine on that
3 that. I'm not quite sure, to be honest with you,
3 issue?
4 why the material on a door that I'm replacing the
4 A I would think if you're looking at dust, it would
5 material in would be affixed so tightly that it
5 be people like industrial hygienists and things of
6 would require that type of equipment to get it
6 that sort.
7 out. Certainly the reason for replacing it is
7 Q Okay. Would an individual whose job it is to
8 that it has deteriorated, which would indicate to
8 replace Vee Block and insulation and refractory on
9 me that it's in a position where it's literally
9 the rear doors of Cleaver-Brooks' boilers be in a
10 falling out. So I guess I have no way to really
10 better position than you to opine on whether or
11 answer your question.
11 not dust is created when a pneumatic hammer is
12 BY MR. BERGMAN:
12 utilized to remove the material?
13 Q Okay. Your -- based on your prior testimony, sir,
13
MR. THORSON: Object to the form of the
14
you are familiar with Vee Block and have used Vee
14
question. It's overly broad. It's an incomplete
15 Block; is that correct?
15 hypothetical. And it calls for speculation. Also
16 A Yes.
16 assumes facts not in evidence.
17
MR. THORSON: Object to the form of the
17
THE WITNESS: I'm not quite sure how to
18 question.
18 answer that other than to say if somebody was
19 BY MR. BERGMAN:
19 there and saw the dust versus me not being there,
20 Q And you're familiar with the consistency of Vee
20 not seeing the dust, if there is any, or lack of
21 Block; is that also correct?
21 dust, I think they would be in a better position,
22
MR. THORSON: Same objection.
22 yes.
23 THE WITNESS: Yes.
23 BY MR. BERGMAN:
24 BY MR. BERGMAN:
24 Q And you're certainly not saying, sir, that dust is
25 Q And have you, in the course of your career, ever
25 not created when Vee Block is removed from a rear
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
143 1 door of a Cleaver-Brooks' boiler with a pneumatic 2 chisel or hammer?
3 A I think you're throwing a hypothetical out there
4 that I have no idea of the condition, so I have no 5 way to answer that question.
6 Q Okay. I'm going to sum up in a minute, and let me
7 just -- I make clear that we -- make sure we 8 understand each other. And I just want to find 9 out what Cleaver-Brooks' answer is on this. So I 10 want to be as clear as I possibly can. The work 11 practice described on page 5 of Exhibit 7 12 pertaining to removal of Vee Block Mix and 13 refractory, is it Cleaver-Brooks' testimony that 14 it is possible to perform that work without 15 creating dust? 16 MR. THORSON: Object to the form of the 17 question. Asked and answered. If you have 18 anything to add to your previous answer or if you 19 want to clarify, Mr. Tornetta, go ahead. 20 THE WITNESS: I don't have anything to 21 add. I said before I don't have an answer to that 22 question. I do not know. I didn't do it. 23 BY MR. BERGMAN:
24 Q So just so we're clear, Cleaver-Brooks can't say
25 one way or the other?
145 1 talking about, I don't see any type of glue or 2 anything around that, or I'm not aware if there's 3 any glue or anything around that, so I can't 4 imagine it would need anything more than reaching 5 in and pulling it out, as I said. 6 BY MR. BERGMAN:
7 Q If you could, please, sir, on page 6 of Exhibit 7,
8 read for us, please, the paragraph entitled, 9 "Insulating block installation."
10 A "Insulating block installation: Cut a circular
11 hold in the center of twelve-inch by twelve-inch 12 by quarter-inch asbestos board. (See Bill of 13 Materials) large enough to clear the inner 14 projection of the sight tube nipple (figure 1). 15 Press this board tightly to the metal inner 16 surface of the door. Then install the insulating 17 block as shown on figure 4, leaving clearance 18 around the sight tube nipple for installation of 19 the sight tube. When positioning the second layer 20 of insulating block, stagger the seams and joints. 21 Fill all cracks and voids with asbestos cement 22 (Johns-Manville No. 450 mixed with water). Note 23 that the space between the door metal and the 24 baffle support channel (figure 4) must be 25 completely filled in with insulating block."
144 146
1
MR. THORSON: Same objections.
1 Q Okay. And do you see figure 4 on page 7?
2
THE WITNESS: I believe if -- yes, that
2 A Yes, I do.
3 is true.
3 Q Okay. And based upon your knowledge and
4 BY MR. BERGMAN:
4 experience and expertise in the field of boilers,
5 Q Okay. Looking to the bottom right-hand paragraph
5 are you able to attribute the various components
6 on page 5 of Exhibit 7.
6 referenced in the paragraph you just read to the
7 A Yes.
7 drawing set forth in figure 4 on page 7 of
8 Q Could you read that paragraph? 9 A "Before proceeding with baffle tile replacement,
8 Exhibit 7?
9 A I believe if you look at the labels, it will
10 clean out the tile channel, removing the old
10 correspond to what was said in that paragraph.
11 strips of quarter-inch asbestos board. Inspect
11 Q Okay. So looking at the paragraph that you just
12 the cap-screws used to clamp the tiles in place; 12 read, I want to try to break that down, if I
13 replace these if they are seriously rusted or
13 could. And I guess the first question that I
14 damaged."
14 wanted to ask is, would cutting a circular hole in
15 Q Okay. Do you know what method was used to remove 15
the center of the twelve-inch by twelve-inch by
16 old strips of quarter-inch asbestos board?
16 quarter-inch asbestos board result in dust
17
MR. THORSON: Object to the form of the
17
emissions?
18 question. It's overly broad. Vague.
18 MR. THORSON: Object to the form of the
19
THE WITNESS: Other than reaching in and 19
question. It's an incomplete hypothetical. It's
20 pulling it out, no.
20 overly broad. Calls for speculation.
21 BY MR. BERGMAN:
21 THE WITNESS: I wouldn't have any idea.
22 Q You don't know whether or not any manual or power 22 BY MR. BERGMAN:
23 tools would be required to perform that function?
23 Q Okay. You don't know -- and Cleaver-Brooks
24
MR. THORSON: Same objections.
24 doesn't know one way or the other whether that
25 THE WITNESS: Looking at what they're 25 work would generate dust?
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147 1 MR. THORSON: Counsel, I just want to 2 state an objection here. That question asking for 3 Cleaver-Brooks' position, I believe, is outside 4 the scope of the notice of deposition here. It 5 doesn't follow from the topics. I'm allowing you 6 some leeway in questioning about work procedures 7 and so forth, asking the witness to speculate 8 about dust emissions from hypothetical procedures, 9 but I would ask that we respect the scope of the 10 notice and we respect Mr. Tornetta's time. 11 I'm not going to instruct him not to 12 answer that question, but I do believe that's 13 outside the scope of the deposition notice. Go 14 ahead, Mr. Tornetta, if you can answer the 15 question. 16 THE WITNESS: I don't believe I'm 17 qualified to answer a question like that. 18 BY MR. BERGMAN:
19 Q Okay. The insulating block referred to on page 6
20 in the paragraph that you just read of Exhibit 7, 21 does that confirm to the insulation block on the 22 second -- on number -- page of Exhibit 7, 23 designated part No. 872-22 or 872-167? 24 MR. THORSON: Same objection. 25 THE WITNESS: I believe so.
149 1 MR. THORSON: Same objections. 2 THE WITNESS: And the same answer. I 3 think that's what I was answering to. The part 4 description doesn't call out a dimension other 5 than thickness, so I'm not sure what boiler we're 6 talking about, what size we're talking about. If 7 we looked at a particular boiler, we might be able 8 to determine that. But based on this, I can't say 9 for certain one way or the other. 10 BY MR. BERGMAN:
11 Q It would depend on the type of boiler that was
12 undergoing the rear door refractory repair or 13 replacement? 14 A It would depend on the boiler.
15 Q Okay. And, finally, looking at the paragraph you
16 just read on page 6 of Exhibit 7, it indicates, 17 "Fill all cracks and voids with asbestos cement 18 mixed with water." 19 MR. THORSON: Well, that's not exactly 20 what it says, Counsel. Would you please read it 21 as it is? 22 MR. BERGMAN: Yes, of course. "Fill all 23 cracks with -- cracks and voids with asbestos 24 cement (Johns-Manville No. 50" -25 MR. THORSON: 450.
148 1 BY MR. BERGMAN:
2 Q Okay. Looking at figure 4, set forth on page 7 of
3 Exhibit 7, you see the insulation block depicted 4 therein? 5 A Yes.
6 Q Was it necessary to cut the insulation block in
7 order to install it on the rear door of the 8 Cleaver-Brooks' boiler as represented in figure 4 9 on page 7 of Exhibit 7? 10 MR. THORSON: Same objection. Overly 11 broad. Calls for speculation. And it's an 12 incomplete hypothetical. 13 THE WITNESS: I guess I would have to 14 see the specifics on that boiler and the shape 15 that the insulation box came in to determine that 16 for sure. So I couldn't say broadly one way or 17 the other. 18 BY MR. BERGMAN:
19 Q Looking at -- looking simply at the diagram -- or
20 looking simply at figure 4 on page 7 of 6 and 7 -21 on page 7 of Exhibit 7, can you state one way or 22 the other whether the insulation block depicted in 23 the manner installed -- in the manner set forth in 24 figure 4 would have to be cut to conform to that 25 integration?
150 1 MR. BERGMAN: -- "450 mixed with 2 water)." 3 MR. THORSON: Thank you. 4 BY MR. BERGMAN:
5 Q Do you see that?
6 A Yes, I do.
7 Q Have you ever seen asbestos cement mixed with
8 water? 9 A I don't believe I have, not that I could say for 10 certain, no.
11 Q So Cleaver-Brooks doesn't know what, if anything,
12 would occur when that mixing process took place? 13 MR. THORSON: Object to the form of the 14 question. That calls for speculation. It's an 15 incomplete hypothetical. And to the extent you're 16 asking Cleaver-Brooks' position, that is not -17 that is outside the scope of the notice of this 18 deposition. You can answer, if you are able to, 19 as to your own personal knowledge. 20 THE WITNESS: I don't know of any other 21 knowledge beyond that, no. 22 MR. BERGMAN: 23 MR. THORSON: Counsel, when you get to 24 an appropriate break -- it doesn't need to be 25 here, but an appropriate time, would you -- I
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JOHN F. TORNETTA, 09/14/2012
151 1 would like to stand up and stretch. 2 MR. BERGMAN: Absolutely, sure, sure. 3 We'll work our way through. 4 BY MR. BERGMAN:
5 Q Could you look at page 8, sir?
6 A Okay.
7 Q And we're talking about page 8 -- numbered page 8
8 of Exhibit 7. Could you please read the 9 cautionary instruction words? 10 A The line under the "Caution"? Is that what you're 11 talking about?
12 Q Read the whole thing, if you would, please.
13 A "Do not force the rod into the insulating block at 14 the rear door of castable material when forming 15 the moisture vent holes."
16 Q And why would it be necessary to issue a
17 cautionary instruction with respect to forcing the 18 rod into the insulating block? 19 MR. THORSON: Objection. Calls for 20 speculation. Lack of foundation. Assumes facts. 21 THE WITNESS: I don't know. 22 BY MR. BERGMAN:
23 Q If you could look to Exhibit 9 -- I'm sorry, I
24 misspoke, Mr. Tornetta, page 9 of Exhibit 7. 25 Could you please read the two paragraphs on the
153 1 water) around entire door circumference, placing 2 asbestos pulp just within the inside diameter of 3 the tadpole gasket, as shown in figure 8. The lip 4 of the baffle tile should be filled with the same 5 mixture. On closing the door, this pulp will 6 squeeze out and protect the tadpole gasket and the 7 asbestos rope along the horizontal center line of 8 the tube sheet, forming a seal between the 9 refractory surface and tube sheet (figure 8)." 10 BY MR. BERGMAN:
11 Q Okay. Then if you could look with me to the upper
12 right-hand corner on page 10 of Exhibit 7, it 13 states, "Caution: Avoid freezing of uncured 14 mixtures during cold weather." Do you know why 15 Cleaver-Brooks would deliver that cautionary 16 instruction? 17 A No, other than if something is wet and it freezes, 18 it may change its properties.
19 Q And wouldn't work the way it was supposed to work?
20 A I don't know that. I'm not sure what they're 21 talking about. 22 MR. BERGMAN: Did you want to take a 23 break? 24 MR. THORSON: If this is a convenient 25 time, let's take a break now.
152 1 left side to yourself? 2 A Okay.
3 Q You testified earlier today that in the course of
4 your professional experience, you have applied Vee 5 Block on boilers; is that correct? 6 A Yes.
7 Q Do the instructions set forth on page 9 of
8 Exhibit 7 appear to you to be consistent with the 9 application method that you employed? 10 A I wasn't applying it on a rear door. However, 11 it's consistent with the way you would apply Vee 12 Block Mix in a vertical situation.
13 Q Okay. Turning to page 7 -- I'm sorry, page 10 in
14 Exhibit 7. 15 A Okay.
16 Q Could you please read the paragraph on the lower
17 right-hand corner of page 10 of Exhibit 7? 18 MR. THORSON: Out loud or to himself, 19 Counsel? 20 MR. BERGMAN: Out loud, please. 21 THE WITNESS: Starting with "apply an 22 asbestos pulp"? 23 MR. BERGMAN: If you would, please. 24 THE WITNESS: "Apply an asbestos pulp 25 seal (Johns-Manville No. 450 cement mixed with
154 1 MR. BERGMAN: Ten minutes? 2 MR. THORSON: Ten minutes is just fine. 3 THE VIDEOGRAPHER: This is the end of 4 Disk No. 2. We are off the record at 4:09 p.m. 5 (Recess taken.) 6 (Exhibit No. 8 was marked.) 7 THE VIDEOGRAPHER: We are back on the 8 record at 4:27 p.m. 9 BY MR. BERGMAN:
10 Q Mr. Tornetta, you've been handed Exhibit 8. I
11 would ask you to please take your time and review 12 it. First question would be, can you identify it? 13 MR. THORSON: I would note, Counsel, it 14 bears Bates stamp numbers in the lower right-hand 15 corner on the first page. Are those Bates numbers 16 from production in this case? It says CV00220, 17 and I know in this case there's at least a similar 18 prefix and document numbering system. If you 19 could say for the record whether that comes from 20 this case, I'd appreciate it. 21 MR. THORSON: I will rely on my 22 distinguished colleague. 23 MR. THORSON: So that's a production 24 from -- if it's a production at all, it's from a 25 different case?
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JOHN F. TORNETTA, 09/14/2012
155 157
1 MS. KNUDSON: Yes.
1 doesn't appear to be, part of the document which
2
MR. THORSON: Do you know what case it's 2
starts out with page No. 1.
3 from?
3 Q Okay. And on what basis, sir, do you draw the
4 MS. KNUDSON: No.
4 conclusion --
5
THE WITNESS: Okay. I have looked
5
THE WITNESS: Tim, your papers are on
6 through this.
6 the speaker. Sorry. I didn't mean to cut you
7 BY MR. BERGMAN:
7 off.
8 Q Do you know what it is?
8 MR. THORSON: Sorry.
9 A Well, it starts out the first page is a service
9 BY MR. BERGMAN:
10 parts bulletin that's labeled, then the next four
10 Q Sir, on what basis do you draw the conclusion that
11 pages appear to be an undated, incomplete,
11 the second, third, fourth, and fifth pages of
12 unnumbered specification of some type.
12 Exhibit 8 are not related to the first page of
13 Q Okay. What is a -- directing your attention to
13 Exhibit 8?
14 the first page of Exhibit 8, what is a service
14 A I don't believe there's any reference to it in the
15 parts bulletin?
15 first page. While I've been presented this group
16 A A bulletin that may have gone out to our service 16 of documents in the past in depositions, and they
17 people or possibly our representatives.
17 always seem to come to me from our -- your
18 Q Okay. And those would be factory representatives
18
colleagues in this format, I don't believe they --
19 like Cole Industrial and other such entities?
19 they came together like that originally.
20 A Possibly, yes.
20 MR. BERGMAN: All right. Well, let's do
21 Q Okay. So it was at least we know that page -- the 21 this, then. If the court reporter would be so
22 first page of Exhibit 8 was something that would
22 kind as to take the second, third, fourth, and
23 be sent outside of Cleaver-Brooks' factory?
23 fifth pages of Exhibit 8 and redesignate them as
24
MR. THORSON: Object to the the form of
24
Exhibit 9. We will at least suspend the cycle of
25 the question. Assumes facts. Lack of foundation. 25 error that my colleagues have perpetrated.
156 1 Calls for speculation. 2 THE WITNESS: That's the way it appears. 3 BY MR. BERGMAN:
4 Q Okay. Do you know what -- looking at the upper
5 right-hand corner of the first page of Exhibit 8, 6 what Manual No. 9 refers to? 7 A No, I don't have any historical record of these 8 sales parts or service parts bulletins.
9 Q Have you seen a bulletin such as Exhibit 8, at
10 least the first page, before? 11 A I've seen other service parts bulletins, yes.
12 Q Okay. And what is the purpose of a service parts
13 bulletin? 14 MR. THORSON: Object to the form of the 15 question. Overly broad. 16 THE WITNESS: In this particular case, 17 it appears it was to talk about -- or advise about 18 making sure the rear door was sealed properly. 19 BY MR. BERGMAN:
20 Q And then looking at the subsequent pages of
21 Exhibit 8, does it appear to be a specification 22 for a 60-inch diameter rear head? 23 A As I pointed out before, it appears to be an 24 unnumbered, undated, incomplete specification 25 which is not part of the document, or at least it
158 1 MR. THORSON: And so Exhibit -- what was 2 previously marked as Exhibit A now will be -3 excuse me, Exhibit 8 will now be a one-page 4 document? 5 MR. BERGMAN: Yes. 6 (Exhibit No. 9 was marked.) 7 THE WITNESS: Okay. That's been done. 8 BY MR. BERGMAN:
9 Q Okay. And Mr. Tornetta, your conclusion that now
10 the new Exhibit 9 is incomplete is based on the 11 fact that there is no page 2? 12 A Correct. And it's not dated. I, quite frankly, 13 don't know -- there's no number on it, so I would 14 have no way to trace it and see what exactly it's 15 for other than what the title block there says.
16 Q Okay. And from your previous testimony, I
17 garnered that you have seen Exhibit 9 before? 18 A Yes, in the deposition -- in the context of 19 depositions, yes, I have.
20 Q Okay.
21 MR. THORSON: And if I could just make a 22 clarifying request, on both Exhibits 8 and 9 as 23 we've seen on other exhibits marked in this 24 deposition, they -- both of these exhibits appear 25 to have someone's handwriting and marking on them.
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159 161
1 So. For example, on Exhibit 8, there's a question
1 A Okay.
2 mark and something drawn on top and manual 9 is 2 Q Do you know whether part -- part No. 872-22 and
3 circled, and then on Exhibit 9 -- on page 3 of
3 872-167 is Weber's 48 High Temp block?
4 Exhibit 9, there's some marginality handwritten
4
MR. THORSON: Objection. Form. Calls
5 notes and so forth. Maybe they're Counsel's
5 for speculation. Overly broad. Lack of
6 notes, as we saw, I think, on some of the other
6 foundation.
7 deposition exhibits. Maybe they're not. But if
7
THE WITNESS: I certainly don't recall
8 Counsel could clarify to that, I would appreciate
8 all our part numbers in the descriptions. I would
9 it so we don't create a record of exhibits that
9 have to look at those part numbers to be sure.
10 contain someone's notes. And if we can identify
10 Off the top of my head, I can't say. It may be.
11 that, let's do that.
11 I'm not sure.
12 MR. BERGMAN: Let's do that.
12 BY MR. BERGMAN:
13
MR. BERGMAN: So in the rush to get the
13 Q Okay. And just -- in the course of the extensive
14 materials to Mr. Tornetta in time and to get
14 reviews that you've done in this case and other
15 everything ready, unfortunately, some of my
15 cases, Mr. Tornetta, have you seen a part number
16 working copies were inadvertently copied as
16 associated with Weber's 48?
17 exhibit copies, and so I believe that the
17 A Any component we used would have a part number
18 marginality that you've been referring to is mine.
18 associated with it, so yes.
19 MR. THORSON: Thank you.
19 Q Okay. Looking at the second page of Exhibit 9,
20
MR. BERGMAN: I certainly recognize the
20
there's reference to J.M. 450. Do you see that,
21 illegibility. What I would propose is that we go 22 through and provide the court reporter with clean
21 sir?
22 A Yes, I do.
23 copies for the final exhibits for this deposition,
23 Q And, then, cross referencing that to the second
24 giving Counsel the opportunity to inspect to make 24 full page -- the second page unnumbered of
25 sure we are substituting the correct copies.
25 Exhibit 7, does that conform to part 872-26?
160 1 MR. THORSON: Thank you, Counsel. 2 BY MR. BERGMAN:
3 Q So I want to ask you some questions about
4 Exhibit 9, Mr. Tornetta. And I guess the first 5 question I would like to ask you, on the first 6 page of Exhibit 9, are you familiar with Weber's 7 48 High Temp block?
8 A I've seen that description before, yes. 9 Q And what do you understand that product to be,
10 sir?
11 A High temperature block insulation. 12 Q And what -- are you aware of whether or not
13 Cleaver-Brooks' boilers utilized Weber's 48 High 14 Temp block as a component? 15 MR. THORSON: Object to the form of the 16 question. It's vague. Overly broad. 17 THE WITNESS: I haven't come across that 18 I can recall, again, without seeing them again, 19 where that's been called out in the documents we 20 previously provided in this case, but I do recall 21 seeing that in the past used in other boilers. 22 BY MR. BERGMAN:
23 Q Do you know whether -- and I will direct your
24 attention back to Exhibit 7 on the second page -25 not the number, but the second page.
162
1 A I think 872-26 did say J.M. 450 -- just a second,
2 or equal, yes.
3 Q If you could look to the third page of Exhibit 9. 4 A Okay. Page 4 of 5, you're talking about? 5 Q I am, yes. 6 A Or sheet 4 of 5, I should say. 7 Q Yeah. 8 A Okay. 9 Q Have you seen that document before, sir? 10 A Again, I've seen this compilation of documents in
11 the past in the context of depositions.
12 Q What does it appear to you to be?
13 MR. THORSON: Objection. Calls for
14 speculation. Lack of foundation. Assumes facts. 15 THE WITNESS: I think it's sheet 4 of 5
16 of this unnumbered, undated, incomplete, what says 17 "specification" on the bottom.
18 BY MR. BERGMAN:
19 Q Do you have any reason to believe this is not a
20 general Cleaver-Brooks' document?
21 A If it was -- if Cleaver-Brooks put this document
22 together, it would be dated, numbered, and 23 complete. This just says S-nothing. There's no 24 number to it. I have no idea how to interpret 25 this document and haven't been able to since it's
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JOHN F. TORNETTA, 09/14/2012
163 1 been put in front of me the first time. 2 Quite frankly, when you look at some of 3 the text on page 3 of 5, you see it looks odd as 4 it gets into the properties of the different 5 components, the font changes. So I don't know if 6 that was a copy issue, shrinking, blowing up, or 7 what. I just -- I have no idea. Again, it's an 8 unnumbered, undated, incomplete set of papers.
9 Q Sir, have you seen the format represented by
10 Exhibit 9 in other documents that you know to be 11 genuine and authentic? And by "format," I mean 12 not the text, but the manner in which the document 13 is framed with the Cleaver-Brooks' designation on 14 the bottom and the statement on the left side that 15 this drawing is the property of Cleaver-Brooks'? 16 MR. THORSON: Object to the form of the 17 question. It's vague. 18 MR. BERGMAN: Do you understand my 19 question, sir? 20 THE WITNESS: Yes, I believe so. And 21 yes, the shell of this document, I guess I would 22 call it, which are the title block, the frame 23 around it, and various notes is familiar to me and 24 our drawing system. 25 BY MR. BERGMAN:
165 1 back, please? 2 (Requested question read.) 3 THE WITNESS: And the answer was, it can 4 be, yes. 5 MR. BERGMAN: If the court reporter 6 could open Exhibit 22 -- or -- not exhibit, but 7 envelope 22. And before handing it to the 8 witness, remove the last two pages. 9 (Exhibit No. 10 was marked.) 10 BY MR. BERGMAN:
11 Q Mr. Tornetta, this is a document that has been
12 provided to you at least in one prior deposition. 13 My question is, do you recognize it? 14 A I certainly don't recall every document that's 15 been put in front of me in depositions. And, 16 actually, I think this is -- I would guess many 17 documents, when you look at the different formats. 18 I certainly have seen things of this type before. 19 Whether I've come across this specific one, I 20 certainly couldn't say for sure.
21 Q Okay. And, again, I would ask you to look through
22 Exhibit 10 and my question is a simple one. Does 23 it appear to you to be copies of advertisements 24 for Cleaver-Brooks' boilers? 25 MR. THORSON: And while he's doing that,
164 166
1 Q Okay. And what is a rear head on a 60-inch
1 I will just state a general objection to lack of
2 Cleaver-Brooks' boiler?
2 foundation, lack of any show of authenticity, but
3 A I believe we're talking about the rear door.
3 we can certainly answer as to what this appears to
4 Q Oh, okay. Are -- is it ever -- are you generally
4 be.
5 familiar with the maintenance repair of rear doors
5
THE WITNESS: I would say certainly not
6 on Cleaver-Brooks' boilers?
6 every page is an advertisement, or what could be
7
MR. THORSON: Object to the form of the
7
characterized as an advertisement. Some are cover
8 question. It's vague.
8 pages, presumably, which may be a presumption, of
9
THE WITNESS: I think we talked about
9 the magazine from which the following pages came
10 that earlier. Yeah, I'm generally familiar with
10 out of, but in general, it looks like a group of
11 that.
11 advertisements over the years, yes. You did hear
12 BY MR. BERGMAN:
12 that, right? Is my microphone --
13 Q Is it ever the practice to remove the rear door
13
MR. BERGMAN: Yeah.
14 prior to replacing the refractory contained
14
THE WITNESS: I want to make sure my
15 thereon?
15 microphone is still working.
16 A It can be. Normally, it would be, in the 16 MR. BERGMAN: Yeah, it is. Could the
17 instances I'm aware of, laid down in the boiler
17 witness please be handed envelope -- or could the
18 room and poured that way. It's usually related to 18 court reporter open exhibit 39 (verbatim) and
19 the fact it's a little simpler to pour it in a
19 provide it to the witness as an exhibit.
20 horizontal position than in a vertical position.
20
(Exhibit No. 11 was marked.)
21 And, quite frankly, it's a heavy door. So,
21 BY MR. BERGMAN:
22 normally, if they lay it down, it's right where
22 Q Mr. Tornetta, are you familiar with heating and
23 the boiler is.
23 ventilating air conditioning guide?
24 Q So the answer to my question would be yes?
24
MR. THORSON: This document or just in
25
MR. THORSON: Can we have the question 25
general?
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JOHN F. TORNETTA, 09/14/2012
167 1 MR. BERGMAN: The guide itself. 2 MR. THORSON: I will object to the form 3 of the question. It's vague. 4 THE WITNESS: No, I'm not. 5 BY MR. BERGMAN:
6 Q Okay. I will -- this is a voluminous document. I
7 will ask you to turn to the last page of 8 Exhibit 11 and ask you whether that appears to be 9 an advertisement for a Cleaver-Brooks' boiler? 10 MR. THORSON: Object to the form of the 11 question. 12 THE WITNESS: It shows the 13 Cleaver-Brooks' company, it appears to be some 14 type of advertisement, as well as Cyclotherm. To 15 be quite honest, I'm not quite sure it's from the 16 same book. Because if you look at the preceding 17 page, it would say the page number and 1951 guide 18 and things of that sort at the top, but perhaps 19 it's an appendix that didn't do that. Without the 20 whole guide, I guess it would be hard to say if 21 it's part of that document. But yes -22 BY MR. BERGMAN:
23 Q In fairness -- I didn't mean to cut you off,
24 Mr. Tornetta. In fairness, I'm not asking you to 25 opine whether it's the same document or not.
169 1 THE WITNESS: I'm sorry. Was there a 2 question that you actually asked in that? I 3 missed it. 4 MR. BERGMAN: Yes, indeed, sir. 5 BY MR. BERGMAN:
6 Q On Exhibit 12, does the -- if you look at the last
7 page,page No. 1353, does that appear to be a 8 Cleaver-Brooks advertisement? 9 MR. THORSON: Object to the form of the 10 question. You can answer. 11 THE WITNESS: Yeah, it's a -- whether it 12 was used for advertising, I suppose it is, since 13 it gives a telephone directory number. It appears 14 to be a Cleaver-Brooks' Company part and Babcock & 15 Wilcox part on the last page. 16 MR. BERGMAN: Could the witness please 17 be handed document exhibit 41, and I will 18 incorporate in my questioning pertaining to this 19 document Counsel's objections with respect to 20 Exhibit 12. 21 (Exhibit No. 13 was marked.) 22 THE WITNESS: Okay. I have it. 23 BY MR. BERGMAN:
24 Q Okay. And subject to and incorporating Counsel's
25 prior objections, I will represent to you that
168 1 A Oh, I thought when I was handed the stapled set of 2 sheets together, they were assumed to be part of 3 the same thing.
4 Q They are, but that's for me to testify to, not
5 you. 6 A Okay. 7 MR. BERGMAN: Could the witness please 8 be handed the document contained in envelope 40. 9 (Exhibit No. 12 was marked.) 10 BY MR. BERGMAN:
11 Q Mr. Tornetta, I will represent to you that
12 Exhibit 12 is a segment from the 1952 heating and 13 ventilating air conditioning guide. My question 14 to you is, once again, a simple one, which is 15 whether or not the last page of Exhibit 12 depicts 16 an advertisement? 17 MR. THORSON: I will object to the form 18 of the question. Lacks foundation. I will also 19 object to both this document and the previous 20 exhibit, Exhibit 11, as not appearing to 21 constitute a document at all, but rather a 22 collection of pages. So certainly as to 23 foundation and authenticity. You can answer, if 24 you're able, as to what it appears to be, 25 Mr. Tornetta.
170 1 this is the 1953 Heating and Ventilating Air 2 Conditioning Guide, and once again, on the last 3 page of this excerpt from said guide, does that 4 appear to be a Cleaver-Brooks' advertisement? 5 A Yes. 6 MR. BERGMAN: Could the witness please 7 be handed envelope 42? 8 (Exhibit No. 14 was marked.) 9 BY MR. BERGMAN:
10 Q Okay. Mr. Tornetta, I'm once again incorporating
11 your Counsel's prior objections to the last 12 exhibits. I will represent to you that this is a 13 1954 Heating Guide, or an excerpt therefrom, and I 14 simply want to ask you whether on the last page of 15 that document, it appears to be a Cleaver-Brooks' 16 advertisement? 17 A Yes, it does. 18 MR. BERGMAN: Could the witness please 19 be handed envelope -- the document in envelope 43? 20 (Exhibit No. 15 was marked.) 21 BY MR. BERGMAN:
22 Q Okay. Once again, incorporating your Counsel's
23 prior objections, in the 1955 Heating Ventilating 24 Air Conditioning Guide. And once again, subject 25 to those objections by your Counsel, does the last
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JOHN F. TORNETTA, 09/14/2012
171 1 page of this excerpt represent Cleaver-Brooks' 2 advertising?
3 A Yes, it appears to.
4 MR. BERGMAN: Could the witness please 5 be handed the document in envelope 44? 6 (Exhibit No. 16 was marked.) 7 BY MR. BERGMAN:
8 Q Okay. Exhibit 16 is an excerpt from a 1956
9 Heating Ventilating Air Conditioning Guide. 10 Subject, once again, to your Counsel's prior 11 objections, does the last page of that excerpt 12 appear to have a Cleaver-Brooks' advertisement on 13 it?
14 A Yes, it does.
15 MR. BERGMAN: If the witness could 16 please be handed exhibit 45 -- document in 17 envelope 45. 18 (Exhibit No. 17 was marked.) 19 THE WITNESS: Okay. I have it. 20 BY MR. BERGMAN:
21 Q I'm handing you -- or you've been handed Exhibit
22 17, the excerpt from a 1957 Heating and 23 Ventilating Air Conditioning Guide, and, again, 24 subject to your Counsel's prior objections, does 25 the last page of that exhibit appear to be a
173
1 A Yes, it does.
2 MR. BERGMAN: Could the witness please 3 be handed the document in envelope 25? 4 (Exhibit No. 20 was marked.) 5 THE WITNESS: Okay. 6 BY MR. BERGMAN:
7 Q Mr. Tornetta, can you identify Exhibit 20? 8 A It says at the top, "Quotation," written at the
9 top, and then "General Service Report" to Fred 10 Schmidt from Don Harper, regarding Cabot Corp., 11 Machinery Division, boiler -- excuse me, boiler 12 No. 0-18796. That's, I guess, about the only way 13 I could identify it.
14 Q Does it appear to be -- the upper left-hand
15 corner, does that appear to be the Cleaver-Brooks' 16 logo and address -- sir, do you need a minute?
17 A No, I'm fine. Thank you. 18 Q Get a glass of water. 19 A I have a glass of water right here. I'm fine. 20 Q Okay. All right. Does that appear to be
21 Cleaver-Brooks' logo and address? 22 MR. THORSON: Object to the form of the 23 question. It's vague. 24 THE WITNESS: Certainly our name and our 25 address. I'm not sure I see a logo anywhere, but
172 1 Cleaver-Brooks' advertisement?
2 A Yes, it does.
3 MR. BERGMAN: Could the witness please 4 be handed the documents in envelope 46? 5 (Exhibit No. 18 was marked.) 6 THE WITNESS: Okay. 7 BY MR. BERGMAN:
8 Q I'm handing you Exhibit 18. I will represent the
9 the 1959 Heating Ventilating Air Conditioning 10 Guide, an excerpt from that guide, I should say, 11 and again, incorporating your Counsel's objections 12 from the prior use of the exhibit -- or a prior 13 exhibit, does the last page appear to have -- be a 14 Cleaver-Brooks' advertisement?
15 A Yes, it does.
16 MR. BERGMAN: Okay. And could the 17 witness be handed the document in envelope 47? 18 (Exhibit No. 19 was marked.) 19 THE WITNESS: Okay. 20 BY MR. BERGMAN:
21 Q You've been handed Exhibit 19, which is an excerpt
22 from a 1960 Heating and Ventilating Air 23 Conditioning Guide. Subject to and incorporating 24 your Counsel's prior objections, does the last 25 page appear to be a Cleaver-Brooks' advertisement?
174 1 -2 BY MR. BERGMAN:
3 Q Okay. Have you seen documents such as Exhibit 20
4 in the format -- not necessarily the text, but the 5 general format entitled "General Service Report"?
6 A Yes, I have. 7 Q Okay. And does the format appear to be similar to
8 those documents -- does the format in Exhibit 20 9 appear to you to be similar to the format of the 10 documents that you've seen in Cleaver-Brooks' 11 records? 12 MR. THORSON: Object to the form. It's 13 vague. 14 THE WITNESS: The headings and things of 15 that sort, yes, they do. 16 BY MR. BERGMAN:
17 Q Okay. Looking toward the item indicated by No. 9
18 in the -- about two-thirds of the way down Exhibit 19 20, do you see that, sir?
20 A Yes, I do. 21 Q Okay. And it indicates, "Asbestos cement"? 22 A And then gives a part number behind it of 872-26,
23 yes.
24 Q And do you understand 872-26 to be the part number
25 for asbestos cement?
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JOHN F. TORNETTA, 09/14/2012
175 1 A I believe if we go back several exhibits, you will 2 see that as the J.M. 450 or equal material, yes. 3 MR. BERGMAN: Okay. Let's turn, if we 4 could, sir -- or if the court reporter would 5 kindly give the witness exhibit -- or envelope 27. 6 (Exhibit No. 21 was marked.) 7 BY MR. BERGMAN:
8 Q Mr. Tornetta, you've been handed Exhibit 21. I
9 would like you to please take your time to review 10 that document. Once you've completed your review, 11 my first question will be, can you identify it? 12 A They appear to be the drawings I pulled for at 13 least part of the boilers shipped to the Naval Air 14 Station in Whidbey Island.
15 Q Okay. I'm going to work through those documents
16 for you -- with you. 17 MR. THORSON: Let me just, before we go 18 on, state for the record, I don't think this was 19 the Counsel's intent, but the cover letter on 20 Exhibit 21 refers to a scope of documents, not all 21 of which are attached to this letter. So it is 22 not a complete exhibit. And with the cover letter 23 attached to it, we should state that, for the 24 record, just so no one misunderstands, there are 25 some 30 documents or so that appear not to be
177
1 Q And it says -- it looks like there's -- it says
2 "required," and it's -- there's a five hatch. Do 3 you know what that refers to? 4 A I think it's pound, and I'm not sure if it's a 5 five or three, but it could be either.
6 Q Okay. And, then, the part number is 872-26, and
7 again, we're referring to Bates stamp 171 of 8 Exhibit 21. Is that the part number for J.M. 450 9 asbestos cement? 10 A Yes. If you look further into the documents 11 provided, you will see that part number and that 12 description.
13 Q Okay. Looking at the next page of Exhibit 21,
14 Bates stamp No. 172. 15 A Yes.
16 Q There is -- there's reference to lagging. What is
17 your understanding as to what the lagging was or 18 is with reference to the 1959 boilers shipped by 19 Cleaver-Brooks to the Whidbey facility? 20 A That's the term that we used for the sheet metal 21 exterior over, in this case, the microlite blanket 22 insulation around the shell of the boiler.
23 Q Okay. And is it -- it was -- was that shell --
24 you said a microlite? 25 A Yes.
176 178
1 included as a part of this exhibit that were
1 Q What is microlite, sir?
2 referenced in the cover letter.
2 A It's called out in that material list as
3
MR. BERGMAN: Point well taken.
3 insulation blanket microlite 8305, it looks like.
4 BY MR. BERGMAN:
4 As far as I know, it's nonasbestos material. I
5 Q Mr. Tornetta, could you turn to the first page of
5 was never told otherwise. I believe it's a
6 Exhibit 21, Bates stamped CB 171?
6 blanket-type insulation similar to fiberglass.
7 A Okay. I'm there.
7 Q And is that part number -- well, for instance,
8 Q What is that document, sir?
8 107-69M --
9 A It is a drawing, what I would refer to as a higher
9 A No. It's part numbers -- it's item number -- if
10
level drawing, of the boiler and base frame for a
10
you want to follow it that way, looking at that
11 50-horsepower low pressure boiler related to the 11 bill of material, item Nos. 10 and 11, and it's
12
three 1959 boilers, shipped to Whidbey Island --
12
872, it looks like, 159.
13 Naval Air Station, Whidbey Island.
13 Q Okay. All right. And so the lagging referenced
14 Q Okay. And would this be a document used by
14 on page 172 on Exhibit 21 is the metal skin of the
15 Cleaver-Brooks in constructing the boilers or a
15 boiler; is that correct?
16
document used by the customers in operating and
16 A Correct.
17 maintaining the boilers?
17 Q Okay.
18
MR. THORSON: Object to the form.
18 A Metal skin -- just not to confuse it with the
19
THE WITNESS: Used by Cleaver-Brooks in 19
shell of the boiler, it's the metal skin over that
20 construction -- constructing the boilers.
20 microlite insulation.
21 BY MR. BERGMAN:
21 Q Okay. And, then, if you could, please, turn to
22 Q Okay. And looking at the upper left, kind of, box
22 the document referenced by CB 175 on Exhibit 21.
23 of Bates stamp No. 171 on Exhibit 21, there's --
23 A Okay.
24 indicates item 31. Do you see that, sir?
24 Q What is that document, sir?
25 A Yes.
25 A That is a drawing for the rear door of the boilers
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JOHN F. TORNETTA, 09/14/2012
179 1 that went to Whidbey Island in 1959.
2 Q And there's a reference in the upper left-hand
3 corner to V-Block Mix and it says "asbestos." Do
4 you see that?
5 A Yes. 6 Q And that's 872-162 part number? 7 A Yes. 8 Q And does that correspond to the V-Block mixed
9 referenced on the second page unnumbered on
10 Exhibit 16?
11 A Yes, it does.
12 MR. THORSON: Object to form of the 13 question.
14 THE WITNESS: I'm sorry.
15 BY MR. BERGMAN:
16 Q And looking again at Bates stamp 175 of
17 Exhibit 21, there's a product at the second box in
18 the upper left-hand corner, 872-105. Do you see
19 that product?
20 A Yes, I do. 21 Q And it indicates "cement, asbestos furnace"? 22 A Yes. And then "J-M Firite." 23 Q And so is -- so 872-105 is the part number for J-M
24 Firite, and that's F-I-R-I-T-E?
25 A That's what it says there, yes.
181
1 Q If you could turn with me, sir, to page 193 to
2 Exhibit 21.
3 A 193, you said? 4 Q Yes, sir. 5 A Okay. I'm there. 6 Q Okay. There's a part -- a J.M. 106 millboard. 7 A Yes. 8 Q And that's part No. 872-61? 9 A Yes. 10 Q And does that correspond, looking at the second
11 page unnumbered of Exhibit 16 --
12 MR. THORSON: I'm sorry. Go ahead.
13 BY MR. BERGMAN:
14 Q -- to the product set forth in the third column on
15 that page, sir?
16 MR. THORSON: Object to form. It's
17 vague. Calls for speculation.
18 THE WITNESS: Yes, it appears to be.
19 BY MR. BERGMAN:
20 Q And looking at Bates stamp No. 197 of Exhibit 21. 21 A Yes. 22 Q There's a reference to the 872-162 product, and it
23 indicates Kaiser Vee-Block; is that correct?
24 A Yes.
25 MR. THORSON: I will object to the form
180 182
1 Q And drawing your attention to Cleaver-Brooks'
1 of the question. That's an incomplete reference
2 Bates stamp No. 180 on Exhibit 21, what is the
2 to what the document says.
3 plate-head?
4 A That is called out in that -- the bill of material
3 BY MR. BERGMAN:
4 Q Why don't you read for me what it says,
5 under Item No. 1? Is that what you're talking 6 about?
5 Mr. Tornetta.
6 A It says, "872-162, Refractory, Vee-Block Mix,
7 Q It indicates "Plate-head-front." 8 A I'm sorry. I didn't see that down in the drawing.
7 Kaiser," and parentheses, "50 pound bags."
8 Q Okay. Is this the only reference that you've seen
9 Q Yes, sir. 10 A This drawing is of the inner door front plate
9 connecting Kaiser to the Vee Block Mix, or have 10 you seen other documents in the course of your
11 assembly.
11 review establishing that connection?
12 Q All right. So essentially it's the front door -13 A No. It's the inner door.
12 MR. THORSON: Outside the context of 13 this case, you mean?
14 Q -- the plate? Okay. But it's the inside inner --
14
MR. BERGMAN: Yes, sir.
15 it's the inner door of the front of the boiler as
15
THE WITNESS: Boy, I certainly wouldn't
16
opposed to the rear door that we've been talking
16
want to sit here and testify I have never seen the
17 about in some detail today?
17 name Kaiser in any other context than that. It
18 A Yes. It's the one I discussed earlier that
18 may have shown up on other drawings, in the bills
19 separates the blue gas side from the combustion 19 of materials. I don't know. It certainly didn't
20 air side in the front of the boiler.
20 show up in the other ones here.
21 Q Okay. And, once again, looking at the part
21 BY MR. BERGMAN:
22
number, 872-162, there's reference to Asbestos
22 Q Okay. And recognizing, sir, that in the course of
23 V-Block Mix, correct?
24 A Yes. It says, "V-Block Mix, Asbestos, part No.
23 24
your current job requirements, you have to review a lot of documents and give a lot of depositions,
25 872-162."
25 I'm only asking for what you recall here today.
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183 1 And so my question is, are -- sitting 2 here today, do you recall coming across the name 3 Kaiser in connection with Vee Block -- the Vee 4 Block product outside of this case? 5 A You know, the only place I can think of is that 6 undated, unnumbered, incomplete specification, I 7 think, actually mentioning Kaiser next to the Vee 8 Block. 9 MR. BERGMAN: Okay. If you could -- if 10 the court reporter can provide the witness with 11 the document in envelope 28. 12 (Exhibit No. 22 was marked.) 13 THE WITNESS: Okay. 14 BY MR. BERGMAN:
15 Q Mr. Tornetta, do you recognize Exhibit 22?
16 A It looks to be a letter from Cole Industrial to 17 the Cleaver-Brooks service department. 18 MR. THORSON: Let me just -- again, this 19 document appears to have a bunch of marginality on 20 it, and it appears to have some kind of Bates 21 reference number. Is that a reference number from 22 this case, Counsel? 23 MR. BERGMAN: It is, yes. 24 MR. THORSON: Because I don't recognize 25 it from this case. If you will give me a chance,
185 1 installed at a particular location? 2 MR. THORSON: Object to the form. You 3 can answer. 4 THE WITNESS: I think it asks for an 5 operating manual, including the parts list, which 6 I took to be an operating manual that is inclusive 7 of. But certainly for somebody to ask for a 8 manual some time after a boiler shipped wouldn't 9 be unheard of. In fact, it appears to have 10 happened here in 1964. 11 BY MR. BERGMAN:
12 Q So your -- Cleaver-Brooks would expect its
13 manufacturer reps to remain engaged with customers 14 years after the sale was transacted? 15 MR. THORSON: Object to the form of the 16 question. It's vague. 17 THE WITNESS: I think it would depend on 18 the customer. I don't know that I can answer that 19 in a general form. Apparently they at least 20 maintained engagement to this point. I would have 21 to look at the rest of our records to see if there 22 was further engagement. 23 BY MR. BERGMAN:
24 Q And based upon your knowledge and experience and
25 research into the Cleaver-Brooks company, was it
184 1 I can check my documents to see whether or not it 2 corresponds to a document that I have seen in this 3 case. I take that back. The marginality threw 4 me. So yes, it does appear to be CB000056 5 produced in this case. I apologize. 6 BY MR. BERGMAN:
7 Q Mr. Tornetta, looking at the, kind of, the upper
8 right-hand quadrant of Exhibit 22, it references 9 serial numbers of -- are those the three boilers 10 that Cleaver-Brooks furnished to the Whidbey 11 facility in 1959? 12 A I believe so, yes.
13 Q Okay. And this is a -- you indicated it was a
14 correspondence from Cole Industrial to 15 Cleaver-Brooks? 16 A Yes, that's what it says.
17 Q Why would it be written on the Cleaver-Brooks'
18 stationary? 19 A It was pretty common for our representatives to 20 actually use our stationary and talk 21 back-and-forth with us.
22 Q And it indicates that it asks that a parts list
23 and operating manual be provided. Was it common 24 for Cleaver-Brooks to receive requests for part 25 lists five years after their boilers were
186 1 common for manufacturers' representatives to 2 remain in contact with customers years after the 3 original sale? 4 MR. THORSON: Object to the form of the 5 question. It's overly broad. Vague. 6 THE WITNESS: I guess I couldn't answer 7 to is it common. I'm not sure exactly what would 8 constitute common. Is it something that happened? 9 Yes. Did it happen in every case? No. 10 BY MR. BERGMAN:
11 Q Okay. Is it surprising to you that five years
12 after the sale of Cleaver-Brooks boiler, a 13 manufacturers' rep would still be in contact with 14 the customer with reference to said boilers? 15 MR. THORSON: Object to the form of the 16 question. It also mischaracterizes the document 17 and assumes facts not in evidence. 18 THE WITNESS: I guess I'm never 19 surprised by anything anymore. So I guess no, it 20 wouldn't be surprising to me. It obviously 21 happened here. As far as them asking us, one 22 would assume someone asked them, but that's not in 23 this document. 24 MR. BERGMAN: And if the witness could 25 be passed the document in envelope 29.
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1 (Exhibit No. 23 was marked.)
1 information be furnished to the operator at the
2 THE WITNESS: Okay.
2 time of set-up prior to the lighting off of the
3 BY MR. BERGMAN:
3 Cleaver-Brooks' boiler?
4 Q Can you identify Exhibit 23?
4 MR. THORSON: Object to the form of the
5 A It appears to be somebody responding to Frank J.
5
question. It's vague as to "operator." Overly
6
Erickson in Mount Vernon, Washington, about an
6
broad.
7 operating manual back in 1959.
7 THE WITNESS: Yeah, I don't know that I
8
MR. BERGMAN: Okay. Could the witness
8
can answer that the way you worded it, but
9 please be handed exhibit 30 -- I'm sorry, not
9 certainly we had a form that someone filled out
10 exhibit 30, envelope 30.
10 and supplied to us, asking these questions.
11 (Exhibit No. 24 was marked.)
11 BY MR. BERGMAN:
12 THE WITNESS: Okay.
12 Q And there was certain information that
13 BY MR. BERGMAN:
13 Cleaver-Brooks expected its representatives to
14 Q Would you identify exhibit 30 -- I'm sorry,
14 provide to customers at the time of set-up, set up
15 Exhibit 24 for us, please, sir?
15 before the boilers were turned on; is that
16 A It appears to be a portion of the documents we
16 correct?
17 produced about the Whidbey Island boilers, and it 17
MR. THORSON: Object to the form.
18 looks to be the start-up reports or at least
18 Vague.
19 portions of the start-up reports for the three
19
THE WITNESS: Yes, there are all sorts
20 boilers in 1959.
20 of blanks on that form to fill in.
21 Q And were these start-up reports -- first of all,
21
MR. BERGMAN: Please provide the witness
22 was the form of this document prepared by
22 with exhibit -- or envelope 31.
23 Cleaver-Brooks?
23 (Exhibit No. 25 was marked.)
24 A Yes.
24 THE WITNESS: Okay.
25 Q And was Cole Industrial the organization that
25 BY MR. BERGMAN:
188 190
1 filled out the report?
1 Q Can you identify Exhibit 25, sir?
2 A Give me a moment to look for a name.
2 A Again, it seems to be various pages from the
3 Q Please take your time, sir. Please take your
3 documents we produced. One of which is a credit
4 time.
4 memo to Power & Controls, Inc., for the U.S. Naval
5 A In what you've given me back here, I don't see,
5 Air Station; it looks like Whidbey Island. The
6 unless I'm missing it, their name. And I don't
6 second page appears to be a proposal which
7 recognize the name of the field representative
7 continues on the third page from 1958.
8 that signed it, but I -- there may be other
8 Q Okay. First of all, regarding the bank 1959
9 documents that are not provided back to me, in
9 credit memo, first page of Exhibit 25, how much
10 this case, that would clear that up. I don't
10 did Cleaver-Brooks charge for the three boilers
11 know.
11 delivered to the Naval Air Station in -- on -- in
12 Q Was it important that the customer be provided
12 Washington in 1959?
13 with a face-to-face instruction on the proper use
13
MR. THORSON: Charged for freight? For
14 of a Cleaver-Brooks' boiler at the time of
14 purchase price? I'm sorry. What are we
15 start-up?
15 referring -- what do you mean by "charge,"
16
MR. THORSON: Object to the form of the
16
Counsel, if I could ask?
17 question. It's overly broad and vague.
17 BY MR. BERGMAN:
18
THE WITNESS: I guess I'm not sure how
18 Q The $12,669, what does that -- what was that
19 to characterize that. Certainly we had somebody
19 charge for?
20 fill out this form which includes things that
20 A I would have to look more accurate, or to be more
21 asked about whether the operator was told this,
21 accurate, I would have to look at the actual
22 that, or the other thing. So I think the document
22 invoice which would show what was invoiced. This
23 speaks for itself as far as importance.
23 is a credit memo that is calculating commission.
24 BY MR. BERGMAN:
24 It does say, near the bottom, "Price to customer,
25 Q So it was important to Cleaver-Brooks that certain 25 $12,820." However, I would want to look at the
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191 1 invoice that we provided to you, which isn't part 2 of this yet, to determine whether that was one 3 boiler or three boilers. Without the invoice, I 4 can't really answer that accurately.
5 Q Okay. I will endeavor to locate that for you,
6 Mr. Tornetta. It would be fair to say, though, 7 that the amount that the U.S. government paid for 8 this was $12,828; is that correct?
9 A I don't know what the U.S. government paid. I'm
10 not sure we sold it directly to the U.S. 11 government. Again, I would have to look at the 12 invoice. It appears as though -- in looking at 13 the other documents, it's hard to say if this was 14 sold to a contractor or not. So the difference 15 between what a contractor paid for it and what the 16 U.S. government paid that contractor, if, in fact 17 that's what happened, which I can't tell from 18 this, I don't know. 19 It does refer to sold to Bellingham 20 Supply, Inc., which I'm assuming is a contractor 21 and not the U.S. government. So I couldn't tell 22 you what the U.S. government paid.
23 Q Do you have any reason to dispute that the U.S.
24 government paid more than $10,000 for the three 25 boilers delivered by Cleaver-Brooks to the Whidbey
192 1 Island Naval Air Station in 1959? 2 MR. THORSON: 10,000 for all three 3 total -4 MR. BERGMAN: Yes. 5 MR. THORSON: -- or 10,000 per boiler? 6 MR. BERGMAN: 10,000 for all three 7 total. 8 THE WITNESS: I don't have any reason to 9 know one way or the other what the U.S. 10 government paid. For all I know, the contractor 11 could have put it in for less than the cost. The 12 answer is I don't know. You would have to ask the 13 U.S. government. 14 BY MR. BERGMAN:
15 Q If you could look to the third page of Exhibit 25. 16 A Yes. 17 Q It states that, "This quotation includes the
18 services of a Cleaver-Brooks factory trained Field 19 Engineer to initially inspect the units, fire and 20 instruct operators in operation and maintenance." 21 Do you see that?
22 A That's what that says, yes. 23 Q Was that a valuable service?
24 MR. THORSON: Object to the form of the 25 question. It's vague.
193 1 THE WITNESS: I guess you would have to 2 ask whoever purchased it from us. That is the 3 start-up that -- we looked at the start-up report 4 from that's being discussed there. 5 BY MR. BERGMAN:
6 Q But in calculating the price for a Cleaver-Brooks'
7 boiler, at least the three boilers at issue in 8 1959, one of the benefits that Cleaver-Brooks 9 conferred upon its customers was not simply the 10 physical boiler, but the expertise in service and 11 experience of its factory-trained field 12 representatives, correct? 13 MR. THORSON: Object to the form of the 14 question. It's overly broad. It's vague. Also I 15 believe it's outside the scope of the 30(b)(6) 16 notice. 17 THE WITNESS: That is what this document 18 seems to say -- or the third page of what you had 19 given me, I should say, not document. 20 MR. BERGMAN: If the witness could 21 please be provided with the document contained in 22 envelope 32. 23 (Exhibit No. 26 was marked.) 24 BY MR. BERGMAN:
25 Q Okay. Please take a look at those documents, sir,
194 1 and after you review them, if you can identify 2 them.
3 A These appear to be the drawings and parts
4 descriptions for the 19, I believe, 78 boiler 5 shipped to the Naval Air Station at Whidbey Island 6 that were referenced in a previous exhibit in 7 Mr. Thorson's letter to you -- or to your firm.
8 Q And Mr. Tornetta, you're referring to the letter
9 from Mr. Thorson set forth on the first page of 10 Exhibit 21?
11 A That sounds correct, yes. 12 Q If you could, please, turn with me, sir, to
13 document Bates stamp No. 210 of Exhibit 26.
14 A Okay. 15 Q And do you see in the upper left corner -16 A What am I seeing in the upper left corner? 17 Q Okay. There's reference to part No. 872-26. 18 A Yes. 19 Q "Asbestos cement"? 20 A Yes, I do see that. 21 Q And does that correspond to the number set forth
22 on the second unnumbered page of Exhibit 16?
23 A Yes, I believe so.
24 MR. THORSON: Let me belatedly object to 25 the form of the question. I think it's vague as
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195 197
1 to the word "correspond."
1 Bates stamp 212 of Exhibit 26 correspond to the
2 BY MR. BERGMAN:
2 part number set forth in the second column first
3 Q And if you could, sir, please turn with me to
3 row of the second page unnumbered of Exhibit 16?
4 Bates No. 212 of Exhibit 26.
4 MR. THORSON: I will object to the form
5 A Okay.
5 of the question.
6 Q And if you could look with me at the upper
6
THE WITNESS: Yes, they both call out
7 right-hand corner. First of all, sir, what is
7 872-162 Vee Block Mix. However, if your
8 document 212 of Exhibit 26?
8 representation earlier about the asbestos content
9 A This is the rear head for the 1970- -- or drawing,
9 of Vee Block Mix was correct, this particular
10
I should say, of the rear head for the 1978 boiler
10
drawing in referencing asbestos would be
11 that was shipped to Naval Air Station Whidbey
11 incorrect.
12 Island.
12 BY MR. BERGMAN:
13 Q Okay. Looking at the upper right-hand corner,
13 Q You don't know, do you, whether the Vee Block --
14 there's reference to part numbers. Do you see
14 how long the Vee Block Mix that was used on the
15 that, sir?
15 1978 boiler and referenced in the upper right-hand
16 A Yes.
16 quadrant of Exhibit 212 of Exhibit 26 was in the
17 Q And it makes reference to 872-61, both parts No. 3
17
Cleaver-Brooks factory before it was installed, do
18 and 4.
18 you?
19 A Yes.
19 A I think earlier you represented that the Vee Block
20 Q And does that conform to, on the second unnumbered 20
Mix didn't have asbestos after some point in '74.
21 page of Exhibit 16, third paragraph, the part
21 Certainly we wouldn't have had bags of materials
22 872-61?
22 like that in the factory for four years. Can I
23
MR. THORSON: Object to the form of the
23
say specifically how long? No.
24 question. It's vague as to the term "correspond."
24 Q How do you know that -- how do you know that you
25
THE WITNESS: I think you mean the third 25
wouldn't have had bags of refractory in the
196 1 column, not third paragraph. 2 MR. BERGMAN: Yes, I did, sir. Thank 3 you. 4 THE WITNESS: Yes, both of this and that 5 have part No. 872-61, and I think they both say 6 board asbestos dimension and J.M. No. 106. 7 BY MR. BERGMAN:
8 Q Okay. And, similarly, once again, looking in the
9 upper right quadrant of Document 212 of 10 Exhibit 26, there's reference to Vee-Block Mix 11 asbestos? 12 A Yes.
13 Q And does that -- and that indicates part 872-162?
14 A Yes, it does.
15 Q And does that correspond to, subject to Counsel's
16 objection, the second column on the second 17 unnumbered page of Exhibit 16? 18 MR. THORSON: Object to the form of the 19 question. It's vague as to "correspond." And 20 when you said the column, do you mean the heading 21 of the column, Counsel, or do you mean the 22 quantities set forth in the column underneath it? 23 BY MR. BERGMAN:
24 Q I mean, does the product -- does the part number
25 872-162 set forth on the upper right quadrant of
198 1 factory for any period of time? 2 MR. THORSON: Well, I object. That's 3 not what he said, Counsel. He said for four 4 years. He didn't say for any period of time. 5 MR. BERGMAN: For four years. 6 THE WITNESS: Because I would consider 7 that a ridiculous amount of time for stock to be 8 sitting around not being used and a plant maybe 9 using that stock. But I said no, I can't say for 10 certain, no. 11 BY MR. BERGMAN:
12 Q And in any event, Cleaver-Brooks' documents dated
13 1978 refer to the Vee Block Mix as an asbestos 14 product; is that correct? 15 MR. THORSON: Object to the form of the 16 question. The document speaks for itself. The 17 question is argumentative. It's also getting very 18 late in the day. It's 6:00 in Milwaukee where the 19 witness is and the reporter and the videographer. 20 This deposition has been ongoing now for 21 approaching seven hours. 22 I would ask that we -- in the little 23 time that's remaining in the deposition under 24 federal rules, I would ask that we get to 25 questions that have some substance to them and not
BROWN & JONES REPORTING, INC.
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199 201
1 argue with the witness.
1 distributor's warehouse or in Cleaver-Brooks'
2
MR. BERGMAN: Court Reporter, Madam
2 supply storage area prior to its installation on
3 Court Reporter, how much time has been expended on 3 the boilers that -- boiler that was installed in
4 actual questioning, excluding breaks and lunch and 4 1978 at Whidbey Island?
5 things like that?
5 A I would have no information on that.
6 (Discussion off the record.)
6 Q Okay. And because Cleaver-Brooks has no records
7 BY MR. BERGMAN:
7 available documenting its purchase of replacement
8 Q Sir, directing your attention to Exhibit 26, Bates
8 components or because -- strike that.
9 stamp 212. Do you see that document, sir?
9
Because Cleaver-Brooks has no documents
10 A Yes.
10 available memorializing its purchase of components
11 Q Okay. Cleaver-Brooks has no independent knowledge 11
and parts for its boilers, Cleaver-Brooks has no
12 that the Vee Block Mix referenced on that page as 12 ability to establish, one way or another, when the
13 part No. 872-162 was not asbestos-containing,
13 components identified in Exhibit 26 were
14 correct?
14 purchased?
15
MR. THORSON: Object to the form of the
15
MR. THORSON: Object to the form of the
16 question. Vague. Ambiguous. Argumentative.
16 question. It's vague. Argumentative. Lack of
17
THE WITNESS: Other than your
17 foundation. Calls for speculation.
18 representation to me earlier in this deposition,
18
THE WITNESS: As I said just two seconds
19 no.
19 ago, I have no information on that, no.
20 BY MR. BERGMAN:
20 BY MR. BERGMAN:
21 Q And I'm sorry, the sound was a little bit garbled.
21 Q Okay. There's just no way of knowing when these
22 Could you repeat the answer, sir? It was not your 22 products --
23 fault.
23 A You can ask it as many times as you like. I'm
24 A I'm saying other than your representation of the 24 sorry.
25 dates of asbestos being in Vee Block Mix earlier 25
MR. THORSON: Mr. Tornetta, let him
200 1 in this deposition, no, we do not.
2 Q In looking, sir, at Bates No. 223 of Exhibit 36. 3 A Okay. 4 Q You have -- that references, once again, product
5 872-26?
6 A Yes, it does. 7 Q And Cleaver-Brooks would not dispute that that is
8 an asbestos-containing product, would you? 9 MR. THORSON: Object to the form of the 10 question. It's vague. 11 THE WITNESS: Again, I would have to 12 check with the manufacturer of that product for 13 the time period we're talking about to see whether 14 or not it was a truly asbestos-containing product. 15 The description says that word, but whether or not 16 it was certainly would be something the 17 manufacturer of that product should be able to 18 tell us -- or may be able to tell us. I don't 19 know. 20 BY MR. BERGMAN:
21 Q And in any event, Cleaver-Brooks today has no
22 knowledge as to how long that product, and by 23 "that product," I mean the product referenced on 24 page -- or Bates No. 223 of Exhibit 26, was 25 sitting around either in a distribute -- wholesale
202 1 finish his question. I think it's an 2 objectionable question, but let's at least do him 3 the courtesy of allowing him to finish. Go ahead, 4 Counsel. 5 MR. BERGMAN: That's okay. I will move 6 on. 7 MR. BERGMAN: Could the witness, please, 8 be provided with the document in envelope 33. 9 (Exhibit No. 27 was marked.) 10 THE WITNESS: Okay. 11 BY MR. BERGMAN:
12 Q And can you identify that document for us, sir? 13 A It appears to be various pages of the information
14 we provided on the boilers, at least based on the 15 unit number, shipped in 1978 to Whidbey Island, 16 including the cover sheet off what was, at one 17 time, a hard file. Yeah, it appears to be.
18 Q And the unit number, if you could look, sir, at
19 the top -- at the upper right-hand corner of 20 Exhibit 27, L-66335?
21 A Yes, on the top of CB000047.
22 MR. BERGMAN: Could you please, sir -23 I'm sorry, could the court reporter please give 24 the witness the document in envelope 34. 25 (Exhibit No. 28 was marked.)
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203 1 THE WITNESS: Okay. 2 BY MR. BERGMAN:
3 Q Can you identify that document for us, please,
4 sir?
5 A I guess I wouldn't call it a document. It is part
6 of the --
7 Q That's there. Let -8 A -- the documents that we provided to you regarding
9 the Whidbey Island Naval Air Station boiler we 10 shipped in '78, it appears.
11 Q And so -- and it -- that shipment was also through
12 Cole Industrial?
13 A Without the invoice, I'm not sure if it was
14 through Cole Industrial. This document certainly 15 has their name on it -- or this page in the second 16 page and third page certainly have their name on 17 it. Without looking at it and me having a 18 photographic memory of what I provided to you, I 19 can't say for certain. 20 MR. THORSON: The record should also 21 reflect that this document, like a number of 22 others, also appears to contain marginality, 23 handwritten notes of Counsel, that don't appear to 24 be original to the document. 25 MR. BERGMAN: And afterward, we will
205 1 handwritten notes on the document that are not 2 original to the document itself, just for the 3 record. 4 BY MR. BERGMAN:
5 Q And are the items in the questions set forth in
6 the form represented by Exhibit 29 questions that 7 Cleaver-Brooks wanted its field representatives to 8 answer prior to the time a Cleaver-Brooks' boiler 9 was lit the first time by the customer? 10 MR. THORSON: Object to the form of the 11 question. 12 THE WITNESS: There are blanks here to 13 fill in. I'm not sure I would characterize it as 14 before it was lit that these had to be filled out, 15 but certainly this is a form we had, and they're 16 blanks to fill in on that form indicating there 17 would be a request for that information. 18 BY MR. BERGMAN:
19 Q And indeed the form specifically identifies
20 Mr. Wayne McAninch, M-C-A-N-I-N-C-H, as being the 21 individual who the field representative spoke with 22 regarding the items set forth on the checklist, 23 correct?
24 A That is the name listed under "operating
25 instructions" given to -- in that blank, yes.
204 1 work with Counsel and the court reporter to 2 provide the records of the document -3 THE VIDEOGRAPHER: We can't hear with 4 the papers on the microphone. 5 MR. BERGMAN: Could the witness be 6 provided with the document in envelope 37. 7 (Exhibit No. 29 was marked.) 8 THE WITNESS: Okay. 9 BY MR. BERGMAN:
10 Q Is -- can you identify 29 for us, please,
11 Mr. Tornetta?
12 A As I stated with several others, it appears to be
13 pieces of paper from what we produced regarding 14 the boiler shipped in '78 to Whidbey Island. This 15 appears to be the start-up report for that 16 boiler -- I'm sorry, the boiler shipped to Whidbey 17 Island in 1978.
18 Q Okay. This is a start-up report form that was
19 prepared by Cleaver-Brooks for use by its field 20 representatives?
21 A Yes, similar to the other one we talked about,
22 yes. 23 MR. THORSON: And this document, again, 24 also contains -- what appears to contain 25 Plaintiff's Counsel's notes or someone's
206 1 MR. BERGMAN: Can the -- if the witness 2 can please be provided with exhibit -- I'm sorry, 3 the documents in envelope 36. 4 (Exhibit No. 30 was marked.) 5 THE WITNESS: Okay. 6 BY MR. BERGMAN:
7 Q Can you identify that for us, please? 8 A Again, as with several others, this is a series of
9 pages from the commercial records that we provided 10 to you in relation to the boiler shipped in 1978 11 to Whidbey Island, Naval Air Station. 12 MR. THORSON: I would also note there's 13 marginality on this document as well that appears 14 to have been added by Plaintiff's Counsel. 15 BY MR. BERGMAN:
16 Q And what is the nature of the communication set
17 forth in Exhibit 30?
18 A It looks as though we are passing along a warning
19 or recall for -- I'm not sure if they actually 20 called that that on their document, related to the 21 McDonnell & Miller water level controls that ITT 22 McDonnell & Miller had passed to us. We are, 23 therefore, passing that on to our customer.
24 Q How come? 25 A Because they asked us to.
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1 Q Why did Cleaver-Brooks feel a need to communicate
2 safety information to a customer two years after 3 the sale of its boiler? 4 MR. THORSON: Object to the form of the 5 question. Asked and answered. 6 THE WITNESS: I think if you look at the 7 letter from ITT McDonnell & Miller, it asks us to 8 do that, or we were asked that that be done, so we 9 did what our supplier of the product asked us to 10 do with regard to the warning. 11 BY MR. BERGMAN:
12 Q If Cleaver-Brooks had learned of the potential
13 hazard of the McDonald -- McDonnell & Miller 14 component through its own research as opposed to 15 at the behest of McDonnell & Miller, would it 16 still have communicated the safety information to 17 its customer two years after the sale? 18 MR. THORSON: Object to the form of the 19 question. That is an incomplete hypothetical. It 20 calls for speculation. It's overly broad and 21 vague and doesn't really appear to have anything 22 at all to do with the notice of deposition in this 23 case. 24 THE WITNESS: I could only guess. I 25 would have no information to tell me one way or
209 1 not, it certainly is under his letterhead. 2 However, you will see quotes of verbatim parts of 3 the ITT McDonnell & Miller on here. 4 BY MR. BERGMAN:
5 Q But at least you would agree that there are
6 contents that, while some of the June 20th, 1980, 7 letter quotes verbatim the ITT communication, some 8 of it is not a verbatim quote? 9 MR. THORSON: Object to the form of the 10 question. The document speaks exactly to that. I 11 can't imagine what possibly Mr. Tornetta could 12 add. I will object. You can answer. 13 THE WITNESS: There are sections that's 14 in quotes and there are sections that are not in 15 quotes. 16 BY MR. BERGMAN:
17 Q Could you please read the second to last paragraph
18 on the letter of Exhibit 30, first page? 19 A "Your immediate action in complying with McDonnell 20 & Miller's recommendations is essential since a 21 float separation of the type described will render 22 the control inoperative and may result in boiler 23 damage and possible serious injury or death." 24 MR. BERGMAN: Could the witness please 25 be provided with a document contained in
208 1 the other. Apparently here we were asked to by 2 the supplier of that product and we did. What we 3 would have done if we had found another way would 4 only be a guess or speculation on my part. 5 BY MR. BERGMAN:
6 Q Why was an identical letter written to Ault Field
7 as set forth in Bates No. 4 of Exhibit 30 and to 8 Talleys Plumbing Bates No. 8 of Exhibit 30? 9 MR. THORSON: Object to the form of the 10 question. It calls for speculation. 11 THE WITNESS: I could only speculate 12 that the -- it is because Talleys Plumbing was the 13 purchaser and Ault Fied was the end user -- or 14 Whidbey Island, I think, is another name for Ault 15 Field. 16 BY MR. BERGMAN:
17 Q Was this letter composed by Cleaver-Brooks? And
18 by "this letter," I mean the letter set forth in 19 Exhibit 30. 20 MR. THORSON: Objection. Foundation. 21 Calls for speculation. 22 THE WITNESS: I would have no idea who 23 actually composed what is in CB00004, whether or 24 not Mr. Rexroat, whose name is at the top 25 left-hand corner, as the person who composed it or
210 1 envelope 11, and could the original be marked 31 2 and the copy marked 31A. 3 THE VIDEOGRAPHER: We have five minutes 4 of recording time left. 5 MR. BERGMAN: Why don't we flip it right 6 now. 7 THE VIDEOGRAPHER: All right. This is 8 the end of Disk No. 2. We are off the record at 9 6:17 p.m. 10 (Recess taken.) 11 (Exhibit Nos. 31 and 31A were marked.) 12 THE VIDEOGRAPHER: We are back on the 13 record at 6:27 p.m. 14 BY MR. BERGMAN:
15 Q Mr. Tornetta, would you please take a look at
16 Exhibit 31. 17 A Okay.
18 Q My question is, can you identify it?
19 A It says, "Boiler operating manual, progress and 20 monitor."
21 Q Okay. And is that the Cleaver-Brooks logo on the
22 bottom of the first page of Exhibit 31? 23 MR. THORSON: Object to the form of the 24 question. It's vague. 25 THE WITNESS: It looks familiar to the
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211 213
1 Cleaver-Brooks and the flame and the hand we
1 Q If you could turn to, please, sir, 7- -- or
2 discussed earlier today.
2 section 7, page 5?
3 BY MR. BERGMAN:
3 A Okay. I'm there.
4 Q In looking at the lower left-hand corner, are you
4 Q Looking at the section "Refractory."
5 able to date that document, sir?
5 A Yes.
6 A It has and it's written very small, 4/61, which
6 Q Do you see the section that says, "872-26"?
7 could mean fourth month of 1961.
7 A Yes, I do.
8
MR. THORSON: I will object. Lack of
8 Q "Insulation cement"?
9 foundation. Calls for speculation.
9 A "Cement insulating," yes.
10 BY MR. BERGMAN:
10 Q Okay. And does that entry -- does that part
11 Q If you could turn, sir, to page 5-1 of Exhibit 31.
11 number correspond to the part number set forth on
12 A Okay.
12 page 2 unnumbered of Exhibit 16? And please feel
13 Q And if you could please read the center section of
13 free to refer back to Exhibit 16, if that would
14 that page?
14 aid your reference.
15 A "Repair or replacement parts for either progress
15
MR. THORSON: I will object to the form
16 or monitor boilers should be ordered from your
16 of the question, and I will also object to this
17 Cleaver-Brooks representative or the
17 line of questioning. This is so far field,
18 Cleaver-Brooks Company, Milwaukee 12, Wisconsin." 18 Counsel.
19
MR. BERGMAN: Could the witness please
19
This is a manual -- purports to be a
20 be provided with documents that are in
20 manual that relates to a water tube boiler. There
21 exhibit 12 -- envelope 12, and could the court
21 are no allegations in this case whatsoever of any
22 reporter mark the original 32 and the copy 32A.
22 exposure to any water tube boilers. I would --
23
(Exhibit Nos. 32 and 32A were marked.)
23 again, I think you are pressing the limits of good
24
THE WITNESS: Okay. I have the
24 faith in a deposition of 30(b)(6) notice, Counsel.
25 exhibits.
25 Can you satisfy me as to what possible
212 1 BY MR. BERGMAN: 2 Q Can you identify Exhibit 32 for us, sir? 3 A It says, "Model 4, Steam and Hot Water, Operation, 4 Service and Parts Manual, 1500 through 6000, Fuel: 5 Light Oil, Gas, or Combination." 6 Q And is that the Cleaver-Brooks logo in the lower 7 right-hand corner of the first page of Exhibit 32? 8 MR. THORSON: Object to the form of the 9 question. Vague. 10 THE WITNESS: It looks to be, yes. 11 BY MR. BERGMAN: 12 Q Okay. And looking at the lower left-hand corner of 13 the first page of Exhibit 32, can you date that 14 document for us, please, sir? 15 A Not on the first page, but on the second page, I 16 think it says, "Rev 9/76." You may not have a 17 copy of the cover that I have. 18 Q Okay. Does that appear, then, to be September of 19 1976? 20 MR. THORSON: Object to the form of the 21 question. Document speaks for itself. You're 22 asking the witness to speculate. Lack of 23 foundation. 24 THE WITNESS: That's what it reads, yes. 25 BY MR. BERGMAN:
214 1 relevance this kind of questioning has? It is now 2 past 6:30 where the witness is and the court 3 reporter and the videographer. The deposition has 4 been underway for going on eight hours. Why are 5 you showing him a document relating to a boiler 6 that has no role in this case? 7 MR. BERGMAN: I'm asking him about a 8 part No. 872-26. 9 BY MR. BERGMAN: 10 Q My question to you is, does that correspond to the 11 872-26 identified on Exhibit 16, page -12 unnumbered page 2? 13 MR. THORSON: Same objections. And if 14 we don't get closer to something that has 15 something to do with this case soon, Counsel, we 16 will adjourn and go to the Judge. 17 THE WITNESS: The part number is 18 certainly 872-26 in both those instances. Whether 19 or not J.M. 450 was available in 1976, if that's 20 what this manual is from or later, I have no idea. 21 So I'm not sure I would -- I would characterize it 22 as corresponding. The part numbers are certainly 23 equal. 24 MR. BERGMAN: If the witness could 25 please be shown the documents in envelope 15, and
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
215 217
1 if the court reporter could make -- label the
1 not J.M. 450 was available and/or an asbestos
2 original documents Exhibit 33 and the copy 33A.
2 product at that time, I wouldn't know. And I
3
(Exhibit Nos. 33 and 33A were marked.)
3 think you meant to say 1980, since I think this
4 THE WITNESS: Okay.
4 manual is from 1980 or appears to be. I may be
5 BY MR. BERGMAN:
5 wrong in thinking that's what you meant.
6 Q Can you identify that for us, please, sir?
6 BY MR. BERGMAN:
7 A This says, "Cleaver-Brooks Model CB Packaged
7 Q Okay. But was Cleaver-Brooks in 1980 selling
8 Boilers, Operation, Service, and Parts Manual, 50 8 asbestos cement under the part number 872-26 by
9 through 100 Horsepower, Fuel: Light Oil, Heavy 9 the pound and by bulk?
10 Oil, Gas, Or Combination."
10 MR. THORSON: Same objection.
11 Q Okay. And are you able to ascertain the date of
11
THE WITNESS: As I just said, I would
12 that document?
12 have to look at the manufacturer of that product,
13
MR. THORSON: Objection. Lack of
13 872-26, as it was described in our detailed parts
14 foundation. Calls for speculation.
14 description in the documents we provided to you
15
THE WITNESS: Again, going to the second 15
prior about the other -- the boilers at Whidbey
16 page of the booklet that's the original, it does
16 Island or the other ones. And determine through
17 say, "Rev 1/80."
17 the manufacturer, if possible, whether or not that
18 BY MR. BERGMAN:
18 material had asbestos or not. I don't know.
19 Q Turning to section 8, page 8 of Exhibit 33.
19 BY MR. BERGMAN:
20 A Okay.
20 Q So it's possible that Cleaver-Brooks in 1980 would
21 Q Looking at part -- in the upper left-hand section.
21 publish a parts list offering cement -- asbestos
22 Are you following me, sir?
22 cement that did not contain asbestos?
23 A Yes, I am.
23 MR. THORSON: Object to form of the
24 Q And it indicates part No. 87 -- it's cement,
24 question. Argumentative. Calls for speculation.
25 Vee-Block Mix, 50 pound bag. Do you see that? 25 Lack of foundation. Assumes facts.
216 218
1 A That's what it says, yes.
1 THE WITNESS: As I said, I would have to
2 Q And does it correspond -- does the part
2 check with the manufacturer. Is that a
3 No. 872-162 correspond to the part number set
3 possibility that that word is incorrect in this
4 forth on page 2 unnumbered of Exhibit 16?
4 particular manual? Absolutely, that's a
5
MR. THORSON: Object to the form of the
5
possibility.
6 question. You're asking him to compare two
6 BY MR. BERGMAN:
7 numbers to see if the two numbers are the same? 7 Q Well, you don't know one way or the other, do you,
8 Is that it?
8 sir?
9 MR. BERGMAN: Mm-hmm.
9 A I think my answer the last three times you asked
10
MR. THORSON: We will stipulate that
10 this was "I don't know."
11
identical numbers are identical to each other. Do
11 Q Okay. And the prior designation of J-M 450 in the
12 we need to do more than that? I mean, really,
12 document that you testified to indicate "J-M 450
13 Counsel.
13 or equal," do they not, sir?
14 BY MR. BERGMAN:
14 MR. THORSON: Object to the form of the
15 Q Second question on section 8-8.
15 question. Mischaracterizes testimony. Overly
16 A Yes.
16 broad. Compound. You can answer.
17 Q Can you read the product set forth on 872-26?
17
THE WITNESS: I believe it said that in
18 A It says, "872-26, cement asbestos."
18 the rear door refractory replacement guide. I
19 Q In 1988, was Cleaver-Brooks selling asbestos
19 don't know that it said that in the part
20 cement by the pound?
20 description that we supplied you for the 872-26
21
MR. THORSON: Object to the form of the 21
part that was supplied with the Whidbey Island
22 question. Vague. Calls for speculation.
22 boilers. I would have to go back and look at
23
THE WITNESS: I would answer it the same 23
that.
24 way I talked about the 872-26 in the last manual, 24 BY MR. BERGMAN:
25 in that while the numbers are the same, whether or 25 Q But based upon -- based upon page 8 -- section 8,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
219 1 page 8, of Exhibit 33, Cleaver-Brooks cannot 2 exclude the possibility that in 1980 it was 3 selling asbestos cement by the pound, can it? 4 MR. THORSON: Object to the form of the 5 question. It's argumentative. It calls for 6 speculation. The question has been asked and 7 answered repeatedly. You can answer. 8 THE WITNESS: As I said before, I don't 9 know. I don't have the information to tell me, 10 one way or the other. 11 MR. BERGMAN: And could the witness be 12 provided with the document -- or documents in 13 envelope 13, and will the court reporter kindly 14 mark the original Exhibit 34 and the copy 34A. 15 (Exhibit Nos. 34 and 34A were marked.) 16 THE WITNESS: I have it. 17 BY MR. BERGMAN:
18 Q Can you identify Exhibit 34 for us, please, sir?
19 A It says, "Cleaver-Brooks Model, CB Packaged 20 Boilers, Operation, Service, and Parts Manual, 50 21 through 100 Horsepower, Fuel: Light Oil, Heavy 22 Oil, Gas, Or Combination."
23 Q And what is the date of the document set forth in
24 Exhibit 34? 25 MR. THORSON: Object to the form.
221 1 of Exhibit 34 was asbestos-containing? 2 A I would say, at this moment, Cleaver-Brooks does. 3 I'm assuming you're an honest man, and you 4 wouldn't have represented something different than 5 it to be. So, at this moment, yes, Cleaver-Brooks 6 does. 7 BY MR. BERGMAN:
8 Q Okay. Outside of my representation, does
9 Cleaver-Brooks have knowledge on that subject, 10 sir? 11 A I don't believe so, not that I know -- can put my 12 finger on, other than, again, your representation. 13 But since you excluded that from the question, no.
14 Q Okay. And last question, sir, once again, looking
15 at page -- section 8, page 4, of Exhibit 34, can 16 Cleaver-Brooks say, one way or the other, whether 17 the insulating cement identified on that page as 18 part No. 872-26 was asbestos-containing? 19 MR. THORSON: Object to the form of the 20 question. Vague. Calls for speculation. You can 21 answer. 22 THE WITNESS: As I said what seems like 23 four or five other times now, not without 24 information from the supplier of that product. So 25 I don't know.
220 1 Foundation. Document speaks for itself. 2 THE WITNESS: It appears to say, 3 "Revised 12/88." 4 BY MR. BERGMAN:
5 Q If you could turn with me, sir, to section 8.4 of
6 Exhibit 34. 7 A Okay.
8 Q And you see the section marked "Refractory"?
9 A Yes, I do.
10 Q Can Cleaver-Brooks say, one way or the other,
11 whether the cement Vee Block Mix designated by 12 part 872-162 was asbestos-containing? 13 MR. THORSON: Object to the form of the 14 question. Calls for speculation. 15 THE WITNESS: Again, going back to your 16 stipulation earlier -- your noting earlier of the 17 years of asbestos being in Kaiser Vee Block, since 18 this manual appears to be from 1988, some 14 years 19 after what you said was the cut-off, I think that 20 assertion would be ridiculous. 21 BY MR. BERGMAN:
22 Q But outside of any information that I might or
23 might not have, does Cleaver-Brooks have any 24 knowledge, one way or the other, whether the Vee 25 Block Mix identified on page -- section 8, page 4,
222 1 BY MR. BERGMAN:
2 Q And Cleaver-Brooks does not have any records today
3 regarding the supplier of the insulation cement 4 identified on page 8 -- section 8, page 4, of 5 Exhibit 34; is that correct? 6 A I believe we have the parts description which 7 you've been shown. Did you say records of, or did 8 you say records of purchase? I don't -- I may 9 have missed --
10 Q Records of purchase, yes, records of purchase.
11 A We don't have records of purchase, no, other than 12 the part number that describes the material that 13 was called out.
14 Q Okay. Mr. Tornetta, in your deposition in 2004,
15 you testified that there was never a conscious 16 decision to stop using asbestos in Cleaver-Brooks' 17 boilers. 18 MR. THORSON: Counsel, let's -- would 19 you give us a page -- page reference, please? 20 MR. BERGMAN: Yeah. Most definitely. 21 Page 15. 22 MR. THORSON: Give me a minute, please. 23 MR. BERGMAN: Please take your time. 24 MR. THORSON: Okay. So if I may, I 25 would like to read the passage that I think --
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
223 1 because I think you mischaracterized -2 MR. BERGMAN: Let me -3 MR. THORSON: The conscious decision 4 language you referenced wasn't his testimony. It 5 was the question -- it was the question -- it was 6 the questioner's question, and Mr. Tornetta's 7 answer doesn't mention anything like that. So if 8 you're not going to put that in front of him, I 9 would like to at least read that sentence. 10 BY MR. BERGMAN:
11 Q Let me withdraw the question and ask Mr. Tornetta,
12 simply, was there ever a conscious decision by 13 Cleaver-Brooks to stop using asbestos components 14 in its boilers? 15 MR. THORSON: Object to the form of the 16 question. It's vague. Overly broad. 17 THE WITNESS: The manufacturers -18 MR. THORSON: I was also going to -- go 19 ahead, John. 20 THE WITNESS: I was going to say. The 21 manufacturers that those components that we 22 purchased that had or may have had asbestos 23 removed the asbestos components of those parts at 24 times unknown to us and for reasons unknown to us. 25 So I would say the answer to your question is no
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
225 reservation, we will conclude our examination, and thank the witness for his time and testimony.
MR. THORSON: And let me just state for the record that this deposition was noted up by Plaintiff's Counsel at a time of their choosing. If there was outstanding document production, that was not something that was -- that was something that they knew at the time they noted this deposition.
This deposition has now been going on for approaching eight hours from when Mr. Tornetta, the court reporter, and the videographer were instructed to attend. It has been a very long day. It is 7:00 -- approaching 7:00 in Milwaukee, and I should say that if this deposition is -- you mean to resume it at some further -- some later date, you will need to confer with Counsel, and I anticipate you will need to make a motion to do so. I believe this has not been a constructive use of anyone's time, for the most part, and I think it's -- it has been an enormous indulgence for Mr. Tornetta to sit through all of this.
So as far as we're concerned, this deposition is concluded at this point in time,
224
1 with that explanation.
1
2 BY MR. BERGMAN:
2
3 Q When was the last time, sir, you've testified in
3
4 an asbestos case?
4
5 A I would say a couple months ago. July sometime, I
5
6 believe.
6
7 Q And, sir, how frequently are you called upon to
7
8 testify on asbestos cases?
8
9 A On a fairly regular basis.
9
10 Q Every couple months?
10
11 A No, I wouldn't characterize it like that. It's
11
12 been over a few dozen in my 10, 11 years now.
12
13 MR. BERGMAN: At this point, Madam Court 13
14 Reporter, how much time are -- what time are we
14
15 at?
15
16 THE COURT REPORTER: We're at about six 16
17 hours.
17
18
MR. BERGMAN: At this juncture, we
18
19 have -- I will state for the record that we are
19
20 still awaiting documents that we have requested
20
21 pertaining to the Cleaver-Brooks' boilers that
21
22
were installed at Pugent Sound Naval Shipyard. We
22
23 reserve our right to reopen this deposition to
23
24 question the witness on those documents as they
24
25 have not been produced today. With that
25
226 absent a meeting of Counsel and on that order from Judge Layton instructing him to go forward subject to some later production.
MR. BERGMAN: Okay. We will have to agree to disagree on that, Counsel. We can go off the record now. Before we go off the record, a couple of housekeeping matters -- well, first of all, Mr. Tornetta, if you need to go, I don't know that you need to stick around for this, but I just want to state for the record that we would like -we want to retain custody of the original manuals and the manuals that are designated as, for instance, 34A should be part of the record.
We would also like to, in conference with counsel and the court reporter, substitute any exhibits that were inadvertently provided to the witness with marginalia and writing on them. And with those clarifications, I think we can go off the record.
THE VIDEOGRAPHER: We are off the record at 6:55 p.m.
(Proceedings adjourned at 6:55 p.m.)
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
1 STATE OF WISCONSIN )
) SS:
2 COUNTY OF MILWAUKEE )
227
3 4 5 I, ANDREA REICHLE, a Registered 6 Professional Reporter and Notary Public in and for the 7 State of Wisconsin, do hereby certify that the above 8 deposition of JOHN F. TORNETTA was recorded by me on 9 September 14, 2012, and reduced to writing under my 10 personal direction. 11 I further certify that I am not a 12 relative or employee or attorney or counsel of any of 13 the parties, or a relative or employee of such attorney 14 or counsel, or financially interested directly or 15 ind irectly in th is actio n . 16 In witness whereof I have hereunder set 17 my hand and affixed my seal of office at Milwaukee, 18 Wisconsin, this 21st day of September, 2012. 19 20
Notary Public
21 In and for the State of Wisconsin
22
23 My Commission Expires: April 14, 2013.
24 25
1 STATE O F
)
) SS:
2 COUNTY OF
)
228
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
C O R R E C T IO N S
3
4 5 I, JOHN F. TORNETTA, do hereby certify 6 that I have read the foregoing transcript of 7 proceedings, taken on September 14, 2012, at Whyte 8 Hirshboeck Dudek, 555 East Wells Street, Suite 1900, 9 Milwaukee, Wisconsin, and the same is true and correct, 10 except for the list of corrections noted on the annexed 11 page. 12 13 Dated at 14 th isday of, 2 0 12. 15 16 17 18 JOHN F. TORNETTA 19 20 Subscribed and sworn to before me
th isday of2 0 12.
21
22
23
Notary Public
24
25 My Commission Expires:
BROWN & JONES REPORTING, INC.
229
JOHN F. TORNETTA, 09/14/2012
230
$
$10,000 [1] - 191:24 $12,669 [1] - 190:18 $12,820 [1] - 190:25 $12,828 [1] - 191:8
'30s [1] - 86:13 '40s [1]-82:14 '50s [3]-26:12, 26:23,
82:13 '54 [2] -79:13, 80:17 '60s [12] - 26:13,
26:24, 36:14, 52:15, 52:20, 54:18, 55:3, 57:2, 69:17, 77:17, 82:13, 113:25 '67 [1] -91:21 '70s [11]-55:4, 61:22, 69:17, 70:12, 74:4, 77:17, 80:18, 81:13, 82:5, 113:25, 115:18 '74 [2] -80:17, 197:20 '78 [2] -203:10, 204:14 '80s [1] - 44:21 '84 [1] -79:13 '85 [1] -52:16 '90s [1] - 44:22
0
0-18796 [1] -173:12
1
1 [29]-3:3, 5:10, 6:4, 8:14, 8:16, 9:4, 11:8, 14:23, 18:7, 21:19, 22:7, 23:23, 30:14, 72:23, 78:18, 79:1, 79:25, 80:3, 80:9, 104:9, 104:11, 127:2, 127:7, 128:13, 129:21, 134:5, 157:2, 180:5
1) [1] - 145:14 1/80 [1]-215:17 10 [15]-3:17, 24:5,
40:7, 50:1, 77:20, 83:5, 84:10, 86:17, 152:13, 152:17, 153:12, 165:9, 165:22, 178:11, 224:12 10,000 [3]- 192:2, 192:5, 192:6 100 [4]-4:23, 5:4, 215:9, 219:21 102 [1] - 3:14
103 [1] - 3:14 106 [5] - 119:15,
119:16, 133:25, 181:6, 196:6 107-69M [1] -178:8 11 [19]-3:17, 40:3, 40:7, 42:2, 49:25, 50:1, 50:25, 83:2, 92:24, 94:13, 94:17, 97:24, 98:3, 166:20, 167:8, 168:20, 178:11,210:1, 224:12 11 -CV-6073 [1] - 6:10 11:08 [1] - 6:3 11:10 [1] -1:21 12 [9]-3:18, 168:9, 168:12, 168:15, 169:6, 169:20, 211:18, 211:21 12/88 [1]-220:3 120,000 [1]-22:17 12:24 [1]-60:15 12:46 [1]-60:19 13 [6]-3:15, 3:19, 60:24, 61:7, 169:21, 219:13 1353 [1] - 169:7 14 [10]- 1:20, 3:20, 51:7, 94:13, 97:20, 170:8, 220:18, 227:9, 227:23, 228:7 14th [1] - 6:4 15 [15]-3:21, 51:4, 88:21, 92:22, 95:4, 95:5, 95:17, 95:21, 96:10, 96:13, 170:20, 214:25, 222:21 1500 [2]-4:21, 212:4 155 [1] - 3:15 158 [1] - 3:16 159 [1] - 178:12 16 [15]-3:22, 4:10, 102:1, 171:6, 171:8, 179:10, 181:11, 194:22, 195:21, 196:17, 197:3, 213:12, 213:13, 214:11,216:4 165 [1] - 3:17 166 [1] - 3:18 168 [1] - 3:19 17 [5]-3:23, 78:13, 96:13, 171:18, 171:22 170 [3]-3:20, 3:21, 3:22 171 [5]-3:23, 3:24, 176:6, 176:23, 177:7
172 [4]-3:25, 4:3, 177:14, 178:14
173 [1] - 4:4 175 [3]-4:6, 178:22,
179:16 18 [3]-3:24, 172:5,
172:8 180 [1] - 180:2 183 [1] - 4:7 187 [2]-4:8, 4:9 19 [6]-3:5, 4:3, 92:14,
172:18, 172:21, 194:4 190 [1] - 4:10 1900 [2] - 1:20, 228:8 193 [3] - 4:11, 181:1, 181:3 1930's [1]-22:16 1930s's [1]-22:13 1932 [2]-44:14, 45:1 1950s [4] -25:19, 26:5, 36:14, 37:11 1951 [1] - 167:17 1951 ....................... [1] - 3:18 1952 [1] - 168:12 1952 ....................... [1] - 3:19 1953 [1] - 170:1 1953 ....................... [1] - 3:20 1954 [4] - 13:21, 14:3, 80:12, 170:13 1954-to-1988 [1]15:15 1954 ....................... [1] - 3:21 1955 [1] - 170:23 1955 ....................... [1] - 3:22 1956 [1] - 171:8 1956 ....................... [1] - 3:23 1957 [1] - 171:22 1957 ....................... [1] - 3:24 1958 [1] - 190:7 1958.... [1] - 4:10 1959 [12]-4:10, 172:9, 176:12, 177:18, 179:1, 184:11, 187:7, 187:20, 190:8, 190:12, 192:1, 193:8 1959.......[1] - 4:8 1959..................... [1]4:9 1959 ....................... [1] - 3:25 1960 [1] - 172:22
1960 ...................... [1] - 4:3
1960s [17] - 19:14, 25:22, 26:5, 39:4, 39:7, 52:12, 53:5, 53:14, 54:2, 56:18, 61:22, 70:12, 74:4, 74:6, 74:15, 115:11, 115:18
1961 [1]-211:7 1964 [2]-38:25,
185:10 1964.................. [1]-
4:7 1966 ...................... [1]
- 3:15 1967 [5]-91:11,
91:20, 128:5, 131:16, 132:8 1968 [1] - 92:9 1968.................. [1] 4:4 197 [1]- 181:20 1970 [4]-82:7, 82:19, 92:5, 195:9 1970s [6]-25:25, 53:21, 56:18, 74:7, 74:15, 115:11 1972 [2]-81:7, 81:14 1974 [2]-80:12, 132:9 1975 [1]-72:21 1976 [2]-212:19, 214:19 1978 [10]-4:13, 4:14, 4:15, 195:10, 197:15, 198:13, 201:4, 202:15, 204:17, 206:10 1980 [7] - 11:21, 209:6, 217:3, 217:4, 217:7, 217:20, 219:2 1985 [2]-7:18, 56:7 1988 [4] - 13:21, 14:3, 216:19, 220:18 1989 [3]-58:5, 58:11, 58:21 1990 [1]-92:18 1990s [1]-44:16 1:19 [1]-81:21 1:22 [1]-81:24 1:47 [2]-98:21, 98:22 1st [1] - 2:3
2
2 [51] -3:4, 4:7, 18:7, 20:4, 20:5, 20:6, 20:10, 20:15, 20:20, 22:11, 23:23, 30:14, 35:1, 40:4, 42:2,
CO
00
CO
50:1, 50:25, 51:8, 75:1, 75:6, 75:20,
:6, 96:3, 112:18, 113:1, 117:12, 117:20, 117:25, 118:23, 119:12, 120:13, 121:18, 122:2, 122:18, 123:7, 123:12, 126:14, 130:22, 130:23, 132:12, 133:8, 133:18, 134:5,
154:4, 158:11, 210:8, 213:12, 214:12, 216:4 20 [11]-4:4, 86:17, 89:23, 90:12, 90:16, 98:17, 173:4, 173:7, 174:3, 174:8, 174:19 200 [1] - 2:14 2001 [1] - 56:24 2004 [6] -11:22, 12:7, 59:19, 59:25, 90:15, 222:14 2006 [1] -92:17 2012 [9] -1:20, 6:4, 100:18, 116:25, 227:9, 227:18, 228:7, 228:14, 228:20 2013 [1] -227:23 202 [2]-4:12, 4:15 204 [1] - 4:17 206 [1] - 4:17 20th [1] - 209:6 21 [15]-4:5, 175:6, 175:8, 175:20, 176:6, 176:23, 177:8, 177:13, 178:14, 178:22, 179:17, 180:2, 181:2, 181:20, 194:10 210 [2]-4:19, 194:13 2100 [1] -2:11 212 [7]-4:21, 195:4, 195:8, 196:9, 197:1, 197:16, 199:9 215 [1] - 4:24 219 [1] - 5:4 21st [1]-227:18 22 [8]-4:6, 95:14, 96:2, 165:6, 165:7, 183:12, 183:15, 184:8 223 [2] - 200:2, 200:24 23 [3]-4:8, 187:1, 187:4
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
231
24 [3]-4:9, 187:11, 187:15
25 [7]-4:9, 4:10, 173:3, 189:23, 190:1, 190:9, 192:15
25-plus [1] -139:18 26 [12]-4:11, 11:21,
193:23, 194:13, 195:4, 195:8, 196:10, 197:1, 197:16, 199:8, 200:24, 201:13 27 [5]-4:11, 8:10, 175:5, 202:9, 202:20 28 [5]-4:13, 4:13, 4:14, 183:11,202:25 29 [6]-4:4, 4:16, 186:25, 204:7, 204:10, 205:6 2:44 [1]-98:24 2:45 [1] - 98:22 2:49 [1] -102:5 2:51 [1] -102:8 2nd [1] - 2:14
3
3 [16]-3:6, 4:15, 20:4, 45:6, 45:9, 45:12, 45:21, 46:5, 46:22, 49:7, 104:10, 127:2, 129:12, 159:3, 163:3, 195:17
3-Ply [1]-122:4 30 [13]-4:17, 5:10,
175:25, 187:9, 187:10, 187:14, 206:4, 206:17, 208:7, 208:8, 208:19, 209:18 30(b)(6 [4] -1:16, 3:3, 193:15, 213:24 31 [9]-4:18, 5:9, 176:24, 189:22, 210:1,210:11, 210:16, 210:22, 211:11 31 ................. [1]4:19 31A [4]-4:19, 5:10, 210:2, 210:11 32 [8] - 4:20, 5:9, 193:22, 211:22, 211:23, 212:2, 212:7, 212:13 32 ................. [1] 4:22 32A [4]-4:22, 5:11, 211:22, 211:23 33 [7] - 4:22, 5:9, 202:8, 215:2, 215:3,
215:19, 219:1 33 ................. [1] -
4:24 33A [4]-4:24, 5:11,
215:2, 215:3 34 [11] - 5:3, 5:9,
202:24, 219:14, 219:15, 219:18, 219:24, 220:6, 221:1,221:15, 222:5 34................... [1] - 5:5 34.5 [1] - 50:8 34A [5]-5:5, 5:11, 219:14, 219:15, 226:13 350 [1] - 126:11 36 [4]-3:13, 102:19, 200:2, 206:3 3600 [1] - 2:7 37 [1] - 204:6 39 [1]- 166:18 3:11-CV-06073 [1] 1:8
4
4 [43]-3:6, 4:10, 4:20, 60:16, 61:9, 77:20, 90:10, 90:12, 90:16, 90:20, 91:4, 92:22, 94:13, 94:24, 95:5, 95:22, 96:11,96:14, 97:21, 99:2, 99:3, 99:7, 100:4, 134:2, 134:6, 134:20, 145:17, 145:24, 146:1, 146:7, 148:2, 148:8, 148:20, 148:24, 162:4, 162:6, 162:15, 195:18, 208:7, 212:3, 220:25, 221:15, 222:4
4/61 [1]-211:6 40 [1] - 168:8 41 [1]- 169:17 411 [1] - 2:14 42 [1]- 170:7 4202 [1] - 122:5 43 [1]- 170:19 44 [2]-3:6, 171:5 45 [2]- 171:16, 171:17 450 [14]- 122:24,
129:18, 145:22, 149:25, 150:1, 152:25, 161:20, 162:1, 175:2, 177:8, 214:19, 217:1, 218:11,218:12 46 [1]- 172:4
47 [1]- 172:17 48 [6]-3:13, 102:19,
160:7, 160:13, 161:3, 161:16 4:09 [1] -154:4 4:27 [1] -154:8 4th [2]-2:3, 21:15
5
5 [30]-3:9, 51:11, 60:16, 60:22, 61:6, 61:7, 61:9, 69:3, 72:10, 72:17, 73:19, 74:24, 77:9, 77:21, 78:3, 99:5, 99:10, 137:5, 137:7, 137:19, 138:17, 139:12, 139:22, 143:11, 144:6, 162:4, 162:6, 162:15, 163:3, 213:2
5-1 [1] -211:11 50 [9] - 4:23, 5:4,
44:12, 51:5, 149:24, 182:7, 215:8, 215:25, 219:20 50-horsepower [2] 51:6, 176:11 51 [1] - 94:24 555 [3] - 1:19, 6:12, 228:8
6
6 [23]-3:11, 5:10, 20:20, 21:19, 22:10, 23:23, 30:14, 60:7, 60:9, 69:5, 69:10, 78:3, 78:5, 78:8, 78:14, 83:3, 84:21, 88:21, 93:11, 145:7, 147:19, 148:20, 149:16
60 [4]-3:10, 3:13, 102:19, 126:11
60-inch [3] - 3:16, 156:22, 164:1
600 [1] - 2:11 6000 [2]-4:21, 212:4 60s [1]-37:12 614 [1] - 2:3 6:00 [1] -198:18 6:17 [1]-210:9 6:27 [1]-210:13 6:30 [1]-214:2 6:55 [3] - 1:21, 226:21,
226:22
7
7 [92]-2:24, 3:13, 5:9,
14:23, 35:4, 69:2, 69:5, 70:17, 93:11, 102:6, 102:10, 102:11, 102:15, 102:20, 103:5, 103:8, 103:23, 104:3, 104:9, 104:17, 105:9, 105:19, 106:5, 108:21, 109:7, 109:21, 111:7, 112:10, 112:17, 113:1, 113:19, 114:13, 117:12, 117:21, 117:25, 118:23, 119:12, 120:1, 120:13, 120:18, 121:8, 122:3, 122:19, 123:7, 123:12, 123:18, 123:24, 124:8, 126:15, 127:1, 127:22, 128:7, 129:13, 129:22, 130:23, 132:12, 133:9, 134:3, 134:21, 137:5, 137:8, 137:20, 138:17, 139:23, 143:11, 144:6, 145:7, 146:1, 146:7, 146:8, 147:20, 147:22, 148:2, 148:3, 148:9, 148:20, 148:21, 149:16, 151:8, 151:24, 152:8, 152:13, 152:14, 152:17, 153:12, 160:24, 161:25, 213:1,213:2 7...................[1] 3:14 701 [1] - 2:7 78 [3]-3:14, 102:19, 194:4 7:00 [2]-225:14, 225:15 7a [1] - 5:10 7A [7]-3:14, 102:6, 102:11, 103:2, 103:3, 131:7, 131:11
8
8 [41] -3:15, 4:8, 13:25, 14:8, 14:20, 18:7, 45:5, 72:10, 72:16, 72:17, 73:19, 91:4, 99:3, 99:11, 151:5, 151:7, 153:3,
BROWN & JONES REPORTING, INC.
154:6, 154:10, 155:14, 155:22, 156:5, 156:9, 156:21, 157:12, 157:13, 157:23, 158:3, 158:22, 159:1,208:8, 215:19, 218:25, 219:1,220:25, 221:15, 222:4 8) [1] - 153:9 8-8 [1] -216:15 8.4 [1] - 220:5 80 [3]-44:9, 86:12, 86:16 80,000 [1] - 44:24 8305 [1] -178:3 853-249 [2]- 122:14, 123:8 853-348 [1]- 121:22 853s [1] -117:16 87 [2]- 117:21, 215:24 872 [4] - 117:10, 117:15, 117:18, 178:12 872-105 [2]- 179:18, 179:23 872-162 [14]- 114:15, 114:22, 117:22, 179:6, 180:22, 180:25, 181:22, 182:6, 196:13, 196:25, 197:7, 199:13, 216:3, 220:12 872-167 [3]- 120:12, 147:23, 161:3 872-196 [1]- 125:5 872-22 [3] -119:25, 147:23, 161:2 872-26 [22] -122:20, 125:15, 126:15, 129:17, 161:25, 162:1, 174:22, 174:24, 177:6, 194:17, 200:5, 213:6, 214:8, 214:11,214:18, 216:17, 216:18, 216:24, 217:8, 217:13, 218:20, 221:18 872-61 [5] -119:11, 181:8, 195:17, 195:22, 196:5 872-86 [1] -120:18 872-96 [1] -120:21 89 [1] - 3:8 8th [1] -122:2
JOHN F. TORNETTA, 09/14/2012
232
9
9 [30]-3:16, 14:21, 35:1, 40:8, 73:18, 74:24, 77:8, 77:23, 84:10, 84:20, 99:12, 99:13, 151:23, 151:24, 152:7, 156:6, 157:24, 158:6, 158:10, 158:17, 158:22, 159:2, 159:3, 159:4, 160:4, 160:6, 161:19, 162:3, 163:10, 174:17
9/76 [1]-212:16 90,000 [1] - 44:9 96 [2]-3:14, 102:19 97204 [1] -2:15 98101 [1] -2:11 98104 [1] -2:4 98104-7010 [1] -2:7
A
a.m [2] -1:21,6:3 ABC [1] - 88:4 abide [1] -125:25 ability [1] - 201:12 able [22] -15:12,
25:17, 26:25, 42:23, 46:4, 65:15, 79:24, 82:14, 83:11,87:15, 103:10, 120:10, 127:24, 146:5, 149:7, 150:18, 162:25, 168:24, 200:17, 200:18, 211:5, 215:11 above-captioned [1] 11:17 absence [3] - 52:6, 58:5, 77:23 absent [1] - 226:1 absolutely [2] -151:2, 218:4 access [2] - 87:3, 127:16 accurate [5] - 80:15, 91:17, 103:4, 190:20, 190:21 accurately [3] -10:22, 32:21, 191:4 acquire [1] -125:16 acquired [5] - 95:19, 96:11, 98:1,99:23, 100:4 acquisition [1] - 99:25 ACR [1]- 11:21 action [2] - 209:19, 227:15
actions [2] -14:9, 97:18
actual [3] -117:11, 190:21, 199:4
add [4] - 44:15, 143:18, 143:21, 209:12
added [1] - 206:14 addition [4] - 34:20,
47:19, 48:21,65:22 additional [6] - 83:12,
95:19, 96:12, 96:15, 98:2, 100:5 address [9] - 9:7, 10:8, 31:2, 36:10, 83:18, 83:21, 173:16, 173:21, 173:25 adjourn [1] - 214:16 adjourned [1] - 226:22 advertisement [12] 166:6, 166:7, 167:9, 167:14, 168:16, 169:8, 170:4, 170:16, 171:12, 172:1, 172:14, 172:25 Advertisements [1] 3:17 advertisements [2] 165:23, 166:11 advertising [2] 169:12, 171:2 advise [2] - 84:1, 156:17 advised [1] - 79:5 affixed [4] - 48:6, 49:14, 140:5, 227:17 affixing [1] - 90:16 aftermarket [5] 16:22, 17:10, 18:2, 18:4, 19:17 age [1] - 85:24 ago [4] - 86:13, 98:8, 201:19, 224:5 agree [5] - 21:24, 135:13, 136:2, 209:5, 226:5 agreed [1] -10:14 ahead [8] - 58:20, 73:19, 81:18, 143:19, 147:14, 181:12, 202:3, 223:19 aid [2]-138:1, 213:14 aide [1] -139:20 Air [32] - 3:17, 3:18, 3:19, 3:20, 3:21, 3:22, 3:23, 3:24, 4:3, 4:6, 4:11, 41:8, 42:9,
42:10, 43:6, 43:20, 84:23, 170:1, 170:24, 171:9, 171:23, 172:9, 172:22, 175:13, 176:13, 190:5, 190:11, 192:1, 194:5, 195:11, 203:9, 206:11 air [12] - 28:24, 29:1, 29:3, 29:5, 29:6, 138:1, 139:21, 141:1, 166:23, 168:13, 180:20 al [3]-1:9, 6:7, 6:8 allegation [1] - 89:8 allegations [1] 213:21 Allen [1] - 2:18 allowing [2] -147:5, 202:3 almost [2] - 85:22, 101:1 alone [1] -71:3 alphabetical [5] 42:15, 44:7, 44:19, 85:7, 85:14 alphabetically[4] 40:23, 41:18, 43:3, 43:17 ambient [2] - 29:5, 29:6 ambiguous [6] 29:13, 70:8, 98:5, 104:20, 119:19, 199:16 amount [5] - 30:5, 30:9, 123:23, 191:7, 198:7 amounts [1] -121:9 analyzing [1] - 64:24 anchor [1] -138:11 anchors [1] -138:4 ANDREA [2] - 1:17, 227:5 Andrea [1] - 6:15 ANNA [1] - 2:3 Anna [1] - 6:23 Anne [1] - 21:21 annexed [1] - 228:10 annual [1] - 69:11 answer [107] -10:11, 16:12, 17:6, 18:1, 18:11, 19:5, 19:15, 21:11, 23:3, 23:10, 35:4, 41:25, 46:3, 53:3, 53:4, 53:21, 53:24, 53:25, 55:7, 65:15, 68:4, 68:12, 72:13, 72:22, 73:8,
73:16, 74:21,76:17, 78:25, 79:3, 79:8, 79:15, 79:16, 79:24, 80:2, 80:4, 80:8, 80:14, 80:15, 80:22, 82:2, 82:10, 82:15, 84:1, 84:4, 84:7, 84:14, 86:25, 93:4, 93:8, 93:15, 94:2, 95:25, 98:3, 100:13, 100:16, 101:14, 103:19, 104:25, 105:23, 107:6, 107:18, 109:25, 110:3, 110:17, 112:4, 112:6, 118:7, 118:17, 133:1, 134:25, 135:21, 140:2, 140:11, 141:20, 141:24, 142:18, 143:5, 143:9, 143:18, 143:21, 147:12, 147:14, 147:17, 149:2, 150:18, 164:24, 165:3, 166:3, 168:23, 169:10, 185:3, 185:18, 186:6, 189:8, 191:4, 192:12, 199:22, 205:8, 209:12, 216:23, 218:9, 218:16, 219:7, 221:21,223:7, 223:25 Answer [3] - 72:22, 73:20, 94:17 answered [13] - 55:6, 55:18, 61:13, 68:23, 70:8, 70:19, 79:18, 82:10, 82:23, 141:15, 143:17, 207:5, 219:7 answering [1] -149:3 Answers [3] - 3:5, 3:10, 3:12 answers [12] -10:12, 11:15, 12:9, 20:14, 20:19, 20:22, 21:6, 22:12, 61:5, 69:8, 90:15 Answers.....[1] - 3:8 anticipate [1] - 225:18 anticipated [2] 130:3, 130:14 anticipates [1] - 89:25 anytime [1] - 42:7 anyway [1] -125:3 apologize [2] -
116:23, 184:5 appear [27] - 9:18,
104:17, 152:8, 155:11, 156:21, 157:1, 158:24, 162:12, 165:23, 169:7, 170:4, 171:12, 171:25, 172:13, 172:25, 173:14, 173:15, 173:20, 174:7, 174:9, 175:12, 175:25, 184:4, 194:3, 203:23, 207:21,212:18 appearances [1] 6:18 appeared [4] - 2:4, 2:8, 2:12, 2:15 appearing [2] 116:11, 168:20 appendix [1] -167:19 application [4] 29:20, 73:10, 123:3, 152:9 applied [3] - 29:20, 34:16, 152:4 apply [5] - 63:25, 73:14, 152:11, 152:21, 152:24 applying [1] -152:10 appreciate [7] - 20:24, 26:24, 33:15, 34:24, 67:20, 154:20, 159:8 approaching [3] 198:21,225:11, 225:14 appropriate [5] -10:8, 10:19, 115:13, 150:24, 150:25 appropriately [2] 125:18, 125:22 April [1] - 227:23 Aqua [6] - 3:7, 91:12, 91:15, 91:19, 92:8, 128:4 Aqua-Chem [4] - 3:7, 91:12, 92:8, 128:4 area [6] -12:18, 44:8, 57:12, 121:18, 121:19, 201:2 areas [1] - 9:2 argue [1] -199:1 argumentative [7] 78:23, 124:11, 198:17, 199:16, 201:16, 217:24, 219:5 arise [1] - 36:10 arising [1] -135:14
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
233
arrived [1] - 52:16 Articles......[1] - 3:17 Asbestos [7] -122:4,
122:17, 122:24, 123:9, 174:21, 180:22, 180:24 asbestos [135] - 9:8, 11:17, 12:21, 13:3, 13:11, 13:19, 14:1, 14:10, 14:12, 15:14, 16:3, 16:15, 18:9, 22:23, 22:24, 23:5, 23:12, 23:15, 23:16, 23:21, 24:9, 25:3, 25:11, 25:20, 26:3, 27:2, 31:4, 31:23, 32:4, 32:6, 32:12, 33:2, 33:4, 33:7, 33:9, 33:13, 33:24, 34:2, 34:7, 34:8, 58:6, 58:18, 58:25, 59:7, 72:19, 73:2, 73:6, 79:14, 80:13, 80:20, 81:7, 82:5, 82:8, 82:20, 93:14, 93:18, 93:22, 95:8, 95:10, 96:19, 96:21, 96:25, 97:5, 97:11, 97:18, 99:19, 100:6, 100:19, 101:11, 101:16, 101:20, 119:13, 119:14, 120:5, 129:14, 129:15, 131:12, 131:21, 132:10, 132:13, 132:21, 132:24, 133:3, 133:9, 133:19, 133:20, 133:22, 144:11, 144:16, 145:12, 145:21, 146:16, 149:17, 149:23, 150:7, 152:22, 152:24, 153:2, 153:7, 174:25, 177:9, 179:3, 179:21, 194:19, 196:6, 196:11, 197:8, 197:10, 197:20, 198:13, 199:13, 199:25, 200:8, 200:14, 216:18, 216:19, 217:1, 217:8, 217:18, 217:21,217:22, 219:3, 220:12, 220:17, 221:1, 221:18, 222:16, 223:13, 223:22, 223:23, 224:4, 224:8
asbestos-containing [48]-12:21, 13:3, 13:11, 13:19, 14:1, 15:14, 16:3, 16:15, 18:9, 22:24, 23:5, 23:12, 23:15, 23:16, 23:21, 24:9, 25:3, 25:11, 25:20, 26:3, 27:2, 31:4, 31:23, 32:4, 32:6, 32:12, 33:2, 33:4, 33:9, 33:13, 33:24, 34:2, 58:6, 80:13, 80:20, 81:7, 101:11, 132:10, 132:21, 132:24, 133:3, 133:9, 199:13, 200:8, 200:14, 220:12, 221:1, 221:18
asbestos-related [11] -72:19, 73:2, 93:14, 93:18, 95:8, 95:10, 96:21, 96:25, 97:5, 97:11, 97:18
ascertain [2] -142:1, 215:11
assemblies [1] - 30:17 assembly [1] -180:11 assertion [1] - 220:20 assist [1] - 35:11 assistance [1] - 36:1 assisting [1] - 35:13 associate [1] - 46:4 associated [3] - 9:8,
161:16, 161:18 assume [5] - 26:7,
38:10, 132:10, 133:3, 186:22 assumed [1] -168:2 assumes [27] -15:17, 19:4, 32:18, 51:18, 72:25, 80:3, 97:13, 101:1, 105:21, 106:13, 108:22, 110:9, 111:12, 111:13, 112:11, 118:17, 125:10, 125:20, 128:1, 128:9, 132:15, 142:16, 151:20, 155:25, 162:14, 186:17, 217:25 assuming [4] -100:8, 132:11, 191:20, 221:3 assumption [1] 67:19 asterisk [3] -123:19, 123:20, 124:24
AT [1] - 1:3 attached [4] - 34:21,
49:9, 175:21, 175:23 Attached [1] - 5:11 attend [1]-225:13 attention [12] - 22:10,
72:10, 78:9, 88:21, 90:9, 92:22, 97:23, 135:14, 155:13, 160:24, 180:1, 199:8 attorney [3] - 21:25, 227:12, 227:13 attorney-client [1] 21:25 attorneys [1] - 7:24 attribute [1] -146:5 August [3] - 4:13, 4:14, 4:15 Ault [3] - 208:6, 208:13, 208:14 authentic [4] -104:18, 104:23, 105:1, 163:11 authenticity [4] 103:18, 111:12, 166:2, 168:23 available [8] -15:23, 115:19, 115:24, 138:2, 201:7, 201:10, 214:19, 217:1 Avenue [3] - 2:3, 2:7, 2:14 avoid [2] -138:2, 153:13 awaiting [1] - 224:20 aware [22] - 41:19, 54:6, 71:2, 73:2, 74:18, 82:6, 88:17, 93:17, 93:25, 95:9, 96:21, 97:5, 97:17, 101:15, 101:23, 116:12, 117:8, 117:13, 135:25, 145:2, 160:12, 164:17 awhile [1] - 98:12
B
Babcock [1] -169:14 back-and-forth [1] -
184:21 background [1] - 8:3 BADLEY [1] - 2:6 baffle [9]-129:8,
136:21, 136:23, 137:14, 137:16, 144:9, 145:24, 153:4 bag [3]-29:16, 70:23,
215:25 bags [4] - 68:25,
182:7, 197:21, 197:25 bank [1] -190:8 base [1] -176:10 based [13] - 24:3, 30:9, 54:17, 91:10, 132:22, 140:13, 146:3, 149:8, 158:10, 185:24, 202:14, 218:25 basis [13] - 25:9, 31:6, 37:17, 38:21,55:24, 66:21, 69:11,71:25, 74:12, 89:10, 157:3, 157:10, 224:9 Bates [18] -154:14, 154:15, 176:6, 176:23, 177:7, 177:14, 179:16, 180:2, 181:20, 183:20, 194:13, 195:4, 197:1, 199:8, 200:2, 200:24, 208:7, 208:8 bears [1] -154:14 became [2] - 44:17, 91:11 beginning [4] - 6:18, 22:13, 129:23, 137:21 behalf [9] - 2:4, 2:8, 2:12, 2:15, 8:19, 8:24, 9:10, 11:11, 14:18 behest [1] - 207:15 behind [2] - 51:2, 174:22 belabor [1] - 56:12 belatedly [4] -19:25, 67:4, 91:25, 194:24 Bellingham [1] 191:19 belong [1] - 87:13 benefit [2] - 59:17, 63:13 benefits [1] -193:8 BERGMAN [375] - 2:2, 2:2, 6:21, 7:10, 8:13, 8:17, 10:25, 11:3, 12:14, 12:17, 15:25, 16:8, 16:19, 17:9, 17:16, 17:18, 19:11, 20:3, 20:8, 21:8, 21:12, 21:18, 22:4, 22:8, 23:14, 25:8, 27:25, 28:16, 29:17, 30:7, 32:20, 34:23, 36:14, 36:21,37:11,
BROWN & JONES REPORTING, INC.
37:19, 38:1,38:9, 38:17, 39:25, 44:5, 45:4, 45:7, 46:12, 47:8, 48:10, 48:14, 48:20, 49:3, 49:13, 49:24, 50:23, 51:23, 52:5, 53:10, 53:20, 55:13, 55:23, 56:22, 57:3, 59:8, 59:18, 60:1, 60:7, 60:20, 61:16, 61:22, 62:6, 62:22, 63:22, 64:9, 65:9, 66:8, 66:16, 67:6, 68:14, 68:19, 69:1, 70:9, 70:16, 71:22, 72:16, 73:7, 73:17, 73:23, 74:1, 74:20, 77:4, 78:1, 78:6, 79:22, 80:10, 81:1, 81:18, 81:25, 82:16, 83:1,83:23, 84:8, 84:17, 87:4, 89:11, 89:15, 89:23, 90:8, 91:2, 92:3, 92:15, 93:5, 93:7, 93:23, 94:7, 94:23, 95:4, 95:15, 96:5, 97:8, 97:19, 98:9, 98:14, 98:19, 98:25, 99:12, 99:16, 100:17, 100:25, 101:3, 101:17, 101:24, 101:25, 102:9, 102:14, 103:20, 105:4, 105:16, 106:3, 106:10, 106:24, 107:3, 107:11, 107:15, 107:19, 108:8, 108:18, 109:4, 109:12, 110:11, 111:5, 111:22, 112:8, 112:16, 112:21, 112:23, 113:14, 113:17, 114:4, 114:11, 115:1, 116:5, 116:13, 116:20, 116:22, 117:3, 117:7, 118:11, 118:20, 119:5, 119:10, 119:24, 120:11, 121:20, 121:25, 122:1, 123:4, 124:6, 124:14, 125:7, 125:13, 126:2, 128:6, 128:12, 129:11, 129:25, 130:2, 130:21, 131:15, 132:7,
JOHN F. TORNETTA, 09/14/2012
234
132:19, 132:25, 133:6, 133:17, 134:13, 134:15, 134:19, 135:5, 135:12, 136:11, 137:3, 137:10, 137:23, 138:16, 139:8, 140:12, 140:19, 140:24, 141:5, 141:10, 141:21, 142:23, 143:23, 144:4, 144:21, 145:6, 146:22, 147:18, 148:1, 148:18, 149:10, 149:22, 150:1, 150:4, 150:22, 151:2, 151:4, 151:22, 152:20, 152:23, 153:10, 153:22, 154:1, 154:9, 155:7, 156:3, 156:19, 157:9, 157:20, 158:5, 158:8, 159:12, 159:13, 159:20, 160:2, 160:22, 161:12, 162:18, 163:18, 163:25, 164:12, 165:5, 165:10, 166:13, 166:16, 166:21, 167:1, 167:5, 167:22, 168:7, 168:10, 169:4, 169:5, 169:16, 169:23, 170:6, 170:9, 170:18, 170:21, 171:4, 171:7, 171:15, 171:20, 172:3, 172:7, 172:16, 172:20, 173:2, 173:6, 174:2, 174:16, 175:3, 175:7, 176:3, 176:4, 176:21, 179:15, 181:13, 181:19, 182:3, 182:14, 182:21, 183:9, 183:14, 183:23, 184:6, 185:11, 185:23, 186:10, 186:24, 187:3, 187:8, 187:13, 188:24, 189:11, 189:21, 189:25, 190:17, 192:4, 192:6, 192:14, 193:5, 193:20, 193:24, 195:2,
196:2, 196:7, 196:23, 197:12, 198:5, 198:11, 199:2, 199:7, 199:20, 200:20, 201:20, 202:5, 202:7, 202:11, 202:22, 203:2, 203:25, 204:5, 204:9, 205:4, 205:18, 206:1, 206:6, 206:15, 207:11,208:5, 208:16, 209:4, 209:16, 209:24, 210:5, 210:14, 211:3, 211:10, 211:19, 212:1, 212:11,212:25, 214:7, 214:9, 214:24, 215:5, 215:18, 216:9, 216:14, 217:6, 217:19, 218:6, 218:24, 219:11, 219:17, 220:4, 220:21,221:7, 222:1,222:20, 222:23, 223:2, 223:10, 224:2, 224:13, 224:18, 226:4 Bergman [11] - 2:18, 5:9, 6:21,9:15, 10:4, 10:14, 10:23, 68:7, 69:24, 79:7, 89:24 Bergman..................
.................... [1] 2:24 best [1]-137:25 better[7] -26:23, 76:23, 113:10, 113:11, 142:2, 142:10, 142:21 between [12] - 26:18, 28:22, 29:1,62:24, 79:13, 80:12, 80:17, 83:20, 104:2, 145:23, 153:8, 191:15 beyond [3] - 44:15, 53:25, 150:21 bigger [1] -118:12 Bill [1]- 145:12 bill [3]-66:2, 178:11, 180:4 bills [1]-182:18 bit [7] -19:17, 32:7, 32:12, 46:9, 47:25, 130:6, 199:21
blank [1] - 205:25 blanket [3] -177:21,
178:3, 178:6 blanket-type [1] -
178:6 blanks [3] - 189:20,
205:12, 205:16 block [24] - 63:18,
120:4, 120:14, 121:13, 131:11, 133:8, 145:9, 145:10, 145:17, 145:20, 145:25, 147:19, 147:21, 148:3, 148:6, 148:22, 151:13, 151:18, 158:15, 160:7, 160:11, 160:14, 161:3, 163:22 Block [99] - 27:15, 27:17, 27:19, 28:3, 28:8, 28:17, 29:11, 29:19, 34:10, 61:11, 61:17, 61:18, 62:1, 62:8, 62:9, 63:6, 63:23, 63:25, 64:25, 65:1,65:10, 65:20, 66:3, 66:10, 66:22, 66:24, 67:10, 68:1, 68:20, 69:10, 69:19, 70:2, 70:4, 70:11, 70:18, 71:10, 72:20, 73:10, 73:15, 74:4, 74:6, 74:10, 74:14, 75:24, 75:25, 76:13, 76:14, 77:24, 114:15, 114:22, 117:22, 118:1, 118:13, 118:19, 132:9, 132:12, 132:20, 137:24, 138:5, 138:10, 138:14, 139:5, 139:20, 140:14, 140:15, 140:21, 141:4, 141:11, 142:8, 142:25, 143:12, 152:5, 152:12, 179:3, 179:8, 180:23, 180:24, 181:23, 182:6, 182:9, 183:3, 183:4, 183:8, 196:10, 197:7, 197:9, 197:13, 197:14, 197:19, 198:13, 199:12, 199:25, 215:25, 220:11, 220:17,
220:25 blowing [1] -163:6 blue [1] -180:19 board [10] - 26:19,
119:13, 119:14, 133:19, 144:11, 144:16, 145:12, 145:15, 146:16, 196:6 body [1] -128:20 boiler [146] -15:3, 15:20, 16:14, 16:16, 16:22, 16:23, 17:3, 17:11, 17:12, 17:14, 17:21, 17:24, 18:4, 18:21, 19:2, 19:8, 19:10, 19:20, 27:24, 28:18, 28:23, 29:2, 29:7, 29:8, 30:15, 30:23, 31:1,32:15, 34:15, 34:17, 34:22, 36:3, 36:4, 36:24, 37:2, 37:3, 37:5, 37:6, 37:9, 37:21, 37:25, 40:20, 41:20, 42:24, 46:21,47:10, 47:11, 47:20, 47:24, 48:5, 48:24, 49:10, 49:16, 50:4, 50:5, 50:11, 51:21,52:6, 53:17, 54:10, 54:16, 54:20, 55:15, 55:25, 71:5, 71:6, 71:19, 74:9, 74:11,76:19, 77:6, 80:16, 81:6, 82:7, 82:13, 87:16, 87:18, 88:3, 88:7, 88:18, 89:9, 108:6, 115:3, 115:4, 115:6, 117:2, 118:9, 118:12, 118:18, 119:23, 126:22, 127:11, 127:19, 128:16, 128:20, 129:7, 130:8, 130:11, 135:2, 135:16, 136:6, 136:8, 139:3, 143:1, 148:8, 148:14, 149:5, 149:7, 149:11, 149:14, 164:2, 164:17, 164:23, 167:9, 173:11, 176:10, 176:11, 177:22, 178:15, 178:19, 180:15, 180:20, 185:8, 186:12, 188:14, 189:3, 191:3, 192:5, 193:7,
BROWN & JONES REPORTING, INC.
193:10, 194:4, 195:10, 197:15, 201:3, 203:9, 204:14, 204:16, 205:8, 206:10, 207:3, 209:22, 213:20, 214:5 Boiler [5] - 3:13, 4:18, 4:20, 102:18, 210:19 Boilers [4] - 4:23, 5:3, 215:8, 219:20 boilers [127] - 4:5, 8:9, 15:5, 15:10, 16:13, 18:14, 18:19, 19:1, 19:13, 22:18, 22:20, 23:6, 23:13, 23:17, 24:10, 25:4, 25:12, 25:18, 26:4, 26:11, 26:20, 27:3, 27:11, 28:20, 30:18, 30:19, 31:9, 32:13, 34:4, 34:9, 35:12, 35:14, 35:16, 36:9, 36:17, 37:24, 38:4, 38:12, 39:6, 39:17, 40:14, 42:2, 42:6, 44:10, 44:11, 44:12, 44:14, 44:20, 45:1,45:23, 49:23, 50:6, 50:15, 50:24, 53:14, 55:12, 58:7, 59:1,65:7, 73:11, 79:23, 80:6, 80:11, 80:18, 81:2, 82:4, 82:18, 83:12, 84:12, 84:13, 84:19, 85:5, 88:25, 94:14, 107:21, 107:23, 108:11, 108:20, 109:23, 111:10, 114:19, 116:4, 116:9, 118:2, 119:21, 121:6, 129:8, 130:9, 130:15, 138:21, 139:17, 142:9, 146:4, 152:5, 160:13, 160:21, 164:6, 165:24, 175:13, 176:12, 176:15, 176:17, 176:20, 177:18, 178:25, 184:9, 184:25, 186:14, 187:17, 187:20, 189:15, 190:10, 191:3, 191:25, 193:7, 201:3, 201:11,202:14, 211:16, 213:22, 217:15, 218:22, 222:17, 223:14,
JOHN F. TORNETTA, 09/14/2012
235
224:21 boilers' [1] - 75:10 bold [1]-135:7 book [1] -167:16 booklet [3] -102:16,
102:17, 215:16 BOSWORTH [1] - 2:13 bottom [10] - 64:17,
86:5, 127:4, 134:16, 137:18, 144:5, 162:17, 163:14, 190:24, 210:22 box [7] - 64:16, 122:19, 123:6, 126:14, 148:15, 176:22, 179:17 boy [3] -19:15, 58:13, 182:15 brand [1] - 64:18 break [18] - 59:11, 59:13, 59:15, 60:6, 89:17, 89:19, 90:2, 90:23, 98:10, 98:15, 99:1, 130:4, 130:15, 136:23, 146:12, 150:24, 153:23, 153:25 breaks [1] -199:4 briefly [5] - 8:2, 10:4, 83:6, 90:23 bring [1] - 21:9 bringing [3] -135:1, 135:4, 135:23 broad [48] -15:19, 15:23, 16:6, 18:18, 26:7, 27:7, 29:14, 36:12, 37:13, 38:14, 48:11, 49:1,51:19, 53:2, 59:5, 62:12, 64:2, 65:14, 66:12, 68:22, 71:13, 73:13, 80:4, 81:10, 87:20, 92:2, 94:21, 101:14, 119:19, 120:7, 121:16, 124:2, 129:2, 130:18, 142:14, 144:18, 146:20, 148:11, 156:15, 160:16, 161:5, 186:5, 188:17, 189:6, 193:14, 207:20, 218:16, 223:16 broader [2] - 65:8, 139:7 broadly [2] -110:18, 148:16 Brooks [193] - 2:8, 3:5, 3:8, 3:10, 3:12, 4:7, 4:11, 4:18, 4:20,
4:22, 5:3, 7:1,7:16, 7:17, 8:19, 8:25, 9:10, 9:25, 10:1, 10:6, 10:15, 11:11, 12:24, 13:16, 14:5, 14:18, 14:24, 15:12, 16:1, 16:21, 18:12, 19:12, 22:16, 22:21, 23:1, 23:2, 23:3, 23:18, 23:20, 24:7, 25:1, 30:16, 31:3, 31:25, 32:13, 34:3, 35:10, 38:2, 39:5, 39:12, 39:14, 44:12, 46:13, 47:3, 50:11, 51:13, 51:24, 52:8, 52:13, 53:11,56:2, 56:18, 57:17, 58:23, 66:9, 67:25, 68:6, 68:11, 69:11,69:12, 69:17, 70:10, 70:18, 71:8, 71:9, 71:10, 72:7, 72:19, 72:23, 73:1, 73:8, 74:2, 74:5, 74:13, 75:19, 76:10, 77:6, 78:25, 80:12, 83:13, 91:11, 91:14, 91:18, 92:7, 92:8, 92:14, 93:17, 93:24, 94:8, 94:18, 95:9, 95:18, 96:9, 96:11, 96:17, 97:10, 97:25, 98:1, 100:4, 100:18, 101:9, 101:18, 102:25, 103:25, 104:3, 104:6, 105:6, 107:17, 108:19, 109:6, 109:13, 110:4, 111:25, 113:24, 114:17, 115:9, 115:18, 119:16, 123:25, 124:9, 124:19, 125:14, 125:16, 125:17, 126:4, 126:6, 128:8, 130:3, 138:19, 143:24, 146:23, 150:11, 153:15, 162:21, 169:8, 176:15, 176:19, 177:19, 183:17, 184:10, 184:15, 184:24, 185:12, 185:25, 186:12, 187:23, 188:25, 189:13, 190:10, 191:25, 192:18, 193:8, 197:17, 199:11, 200:7, 200:21,
201:6, 201:9, 201:11, 204:19, 205:7, 207:1, 207:12, 208:17, 210:21, 211:1, 211:17, 211:18, 212:6, 215:7, 216:19, 217:7, 217:20, 219:1, 219:19, 220:10, 220:23, 221:2, 221:5, 221:9, 221:16, 222:2, 223:13 Brooks' [137] - 3:6, 4:5, 9:7, 9:20, 11:5, 11:15, 12:19, 13:1, 13:9, 13:18, 13:25, 14:9, 18:8, 19:1, 20:21, 21:6, 24:1, 25:9, 25:18, 26:4, 27:3, 28:18, 30:23, 31:1,31:6, 34:9, 36:9, 36:24, 37:1, 37:7, 37:9, 37:21, 38:4, 38:12, 39:6, 39:17, 44:25, 45:1, 45:10, 45:16, 45:23, 46:20, 47:11,47:20, 47:21, 48:4, 48:22, 48:24, 49:4, 49:9, 49:10, 49:14, 49:15, 58:6, 62:7, 63:24, 64:25, 65:6, 65:11, 68:15, 71:23, 73:11, 75:7, 78:19, 81:6, 82:6, 87:16, 88:7, 88:24, 89:9, 92:25, 94:6, 95:2, 96:20, 96:23, 99:6, 100:10, 104:9, 104:18, 104:23, 107:1, 107:9, 107:21, 107:23, 108:10, 109:14, 109:23, 110:14, 111:9, 116:4, 117:9, 118:2, 118:23, 119:6, 127:11, 127:19, 135:16, 139:2, 142:9, 143:1, 143:9, 143:13, 147:3, 148:8, 150:16, 155:23, 160:13, 162:20, 163:13, 163:15, 164:2, 164:6, 165:24, 167:9, 167:13, 169:14, 170:4, 170:15, 171:1, 171:12, 172:1,
172:14, 172:25, 173:15, 173:21, 174:10, 180:1, 184:17, 188:14, 189:3, 193:6, 198:12, 201:1, 205:8, 222:16, 224:21 Brooks..................... .. [1] - 3:3 brought [1] - 21:20 Brown [1] - 6:14 bucket [1] - 29:25 building [2] - 58:15, 117:1 bulk [1]-217:9 Bulletin [1] - 3:15 bulletin [5] -155:10, 155:15, 155:16, 156:9, 156:13 bulletins [2] -156:8, 156:11 bullets [1]-127:13 bunch [1] -183:19 burner[3] - 29:4, 48:3, 129:10 buy [2] - 125:25, 126:3 BY [253]-7:10, 8:17, 11:3, 12:17, 15:25, 16:8, 16:19, 17:9, 17:18, 19:11,20:8, 22:8, 23:14, 25:8, 27:25, 28:16, 29:17, 30:7, 32:20, 34:23, 36:21, 37:19, 38:1, 38:9, 38:17, 39:25, 44:5, 45:7, 46:12, 47:8, 48:20, 49:3, 49:13, 49:24, 50:23, 51:23, 52:5, 53:10, 53:20, 55:13, 55:23, 57:3, 60:20, 61:16, 62:6, 62:22, 63:22, 64:9, 66:8, 66:16, 67:6, 68:19, 69:1, 70:9, 70:16, 71:22, 73:7, 73:17, 74:1, 74:20, 77:4, 78:6, 79:22, 80:10, 81:1, 81:25, 82:16, 83:1, 84:8, 84:17, 87:4, 90:8, 91:2, 92:3, 92:15, 93:23, 94:7, 94:23, 95:15, 96:5, 97:8, 97:19, 98:25, 100:17, 101:3, 101:17, 101:24, 102:9, 102:14, 103:20, 105:4, 105:16, 106:3,
BROWN & JONES REPORTING, INC.
106:10, 106:24, 107:19, 108:8, 108:18, 109:4, 109:12, 110:11, 111:5, 111:22, 112:8, 112:16, 112:23, 113:17, 114:11, 115:1, 116:13, 117:7, 118:11, 118:20, 119:5, 119:10, 119:24, 120:11, 121:20, 122:1, 123:4, 124:6, 124:14, 125:7, 125:13, 126:2, 128:6, 128:12, 129:11, 130:2, 130:21, 131:15, 132:7, 132:19, 133:6, 133:17, 134:19, 135:5, 135:12, 136:11, 137:3, 138:16, 139:8, 140:12, 140:19, 140:24, 141:10, 141:21, 142:23, 143:23, 144:4, 144:21, 145:6, 146:22, 147:18, 148:1, 148:18, 149:10, 150:4, 151:4, 151:22, 153:10, 154:9, 155:7, 156:3, 156:19, 157:9, 158:8, 160:2, 160:22, 161:12, 162:18, 163:25, 164:12, 165:10, 166:21, 167:5, 167:22, 168:10, 169:5, 169:23, 170:9, 170:21, 171:7, 171:20, 172:7, 172:20, 173:6, 174:2, 174:16, 175:7, 176:4, 176:21, 179:15, 181:13, 181:19, 182:3, 182:21, 183:14, 184:6, 185:11, 185:23, 186:10, 187:3, 187:13, 188:24, 189:11, 189:25, 190:17, 192:14, 193:5, 193:24, 195:2, 196:7, 196:23, 197:12, 198:11,
JOHN F. TORNETTA, 09/14/2012
236
199:7, 199:20, 200:20, 201:20, 202:11,203:2, 204:9, 205:4, 205:18, 206:6, 206:15, 207:11, 208:5, 208:16, 209:4, 209:16, 210:14, 211:3, 211:10, 212:1, 212:11,212:25, 214:9, 215:5, 215:18, 216:14, 217:6, 217:19, 218:6, 218:24, 219:17, 220:4, 220:21,221:7, 222:1,223:10, 224:2
C
Cabot [1]-173:10 calculate [1] -15:12 calculating [2] -
190:23, 193:6 cannot [7] - 51:24,
69:12, 69:18, 70:10, 74:13, 100:18, 219:1 cap [1] -144:12 cap-screws [1] 144:12 capacity [3] - 50:5, 50:21 captioned [1] -11:17 card [15] - 41:1,41:8, 41:12, 42:3, 43:10, 43:16, 43:18, 44:10, 85:19, 85:22, 86:4, 87:5, 87:12, 87:15, 88:5 cards [14] - 40:22, 41:4, 41:15, 44:6, 44:15, 44:25, 84:24, 85:21, 86:11,86:15, 86:23, 87:3 career [2] - 140:25, 141:7 carefully [1] -138:13 CARNEY [1] - 2:6 cartoon [1] - 46:17 case [41] -11:18, 11:20, 26:15, 27:16, 28:4, 28:21, 40:15, 41:8, 42:10, 52:15, 62:14, 65:2, 65:7, 65:8, 65:11, 70:23, 109:6, 121:1, 121:6, 154:16, 154:17, 154:20, 154:25, 155:2, 156:16, 160:20, 161:14,
177:21, 182:13, 183:4, 183:22, 183:25, 184:3, 184:5, 186:9, 188:10, 207:23, 213:21,214:6, 214:15, 224:4 Case [2] -1:8, 6:10 cases [8] - 7:25, 11:21, 31:18, 48:2, 65:20, 129:4, 161:15, 224:8 cast [3]-48:22, 63:16, 63:17 castable [9] - 27:13, 61:14, 62:21,62:24, 63:7, 63:8, 63:15, 120:25, 151:14 castable-type [1] 27:13 catalog [1] - 85:22 catalog-type [1] 85:22 catalogs [5] - 75:15, 75:22, 76:11,76:24, 77:2 caution [3] - 134:20, 135:6, 138:2 Caution [2] -151:10, 153:13 cautionary [3] -151:9, 151:17, 153:15 CB [6] - 4:22, 5:3, 176:6, 178:22, 215:7, 219:19 CB00004 [1]-208:23 CB000047 [1]-202:21 CB000056 [1] - 184:4 CBS [2]-1:9, 6:7 Cement [1] -122:24 cement [25] - 72:21, 126:17, 129:19, 145:21, 149:17, 149:24, 150:7, 152:25, 174:21, 174:25, 177:9, 179:21, 194:19, 213:8, 213:9, 215:24, 216:18, 216:20, 217:8, 217:21,217:22, 219:3, 220:11, 221:17, 222:3 center [5] - 88:14, 145:11, 146:15, 153:7, 211:13 Cerbins [1] - 4:13 certain [20] - 8:20, 24:14, 39:8, 45:24, 47:7, 52:14, 64:4,
66:19, 67:15, 91:22, 105:24, 123:13, 138:21, 138:23, 149:9, 150:10, 188:25, 189:12, 198:10, 203:19 certainly [69] -10:7, 24:5, 30:4, 35:13, 36:2, 37:15, 39:7, 39:23, 43:5, 44:3, 46:8, 47:18, 48:17, 53:22, 54:15, 55:19, 56:23, 58:9, 58:13, 66:19, 72:1,74:11, 76:20, 76:25, 77:10, 77:13, 80:18, 87:2, 103:6, 104:24, 105:12, 105:14, 106:2, 109:17, 111:1, 111:21, 111:25, 112:5, 114:4, 116:24, 125:4, 130:7, 130:9, 133:24, 138:23, 140:7, 142:24, 159:20, 161:7, 165:14, 165:18, 165:20, 166:3, 166:5, 168:22, 173:24, 182:15, 182:19, 185:7, 188:19, 189:9, 197:21, 200:16, 203:14, 203:16, 205:15, 209:1, 214:18, 214:22 certainty [1] - 88:3 certification [1] - 61:1 certify [3] - 227:7, 227:11, 228:5 chain [1] -125:23 chance [5] -12:11, 60:5, 113:3, 113:18, 183:25 change [7] -81:18, 95:20, 96:13, 96:16, 98:3, 100:16, 153:18 changed [12] - 30:21, 31:5, 34:4, 45:17, 45:25, 46:9, 46:13, 46:16, 48:12, 70:6, 88:1,92:13 changes [1] -163:5 changing [2] - 30:18, 121:11 channel [2] -144:10, 145:24 characteristics [1] 48:2 characterization [3] -
130:20, 135:18 characterize [10] -
61:15, 87:2, 91:1, 114:17, 125:3, 136:18, 188:19, 205:13, 214:21, 224:11 characterized [1] 166:7 charge [3] -190:10, 190:15, 190:19 charged [2] - 109:22, 190:13 charts [1] -110:6 check [4] -133:24, 184:1,200:12, 218:2 Check [3]-128:14, 128:18, 129:13 checklist [1] - 205:22 Chem [6] - 3:7, 91:12, 91:15, 91:19, 92:8, 128:4 chime [1] - 89:18 chisel [3] -141:2, 141:12, 143:2 choice [1] - 31:14 choke [1] - 64:19 choosing [1] - 225:5 chosen [1] - 33:5 circle [1] -121:18 circled [2] -135:7, 159:3 circular[2] -145:10, 146:14 circumference [1] 153:1 circumstances [1] 10:15 city[1] - 40:25 Civil [1] -1:16 claim [1] - 96:18 clamp [1] -144:12 clarification [5] 11:23, 14:22, 33:15, 34:24, 116:2 clarifications [1] 226:18 clarified [1] -11:18 clarify [3] -11:13, 143:19, 159:8 clarifying [1] -158:22 Clark [1] - 64:22 classified [1] - 87:25 classify [4] - 58:8, 61:24, 62:20, 87:8 clean [2] -144:10, 159:22 cleaned [1] -138:13 cleaning [1] -127:16 clear [13] - 44:23,
56:10, 67:24, 70:10, 92:19, 97:9, 101:18, 118:21, 143:7, 143:10, 143:24, 145:13, 188:10 clearance [1] -145:17 clearly [2] -133:18, 133:20 Cleaver [331] - 2:8, 3:3, 3:5, 3:6, 3:8, 3:10, 3:12, 4:5, 4:7, 4:11, 4:18, 4:20, 4:22, 5:3, 7:1,7:16, 7:17, 8:19, 8:25, 9:7, 9:10, 9:20, 9:25, 10:1, 10:6, 10:15, 11:5, 11:11, 11:15, 12:19, 12:24, 13:1, 13:9, 13:16, 13:18, 13:25, 14:5, 14:9, 14:18, 14:24, 15:12, 16:1, 16:21, 18:8, 18:12, 19:1, 19:12, 20:21, 21:6, 22:16, 22:21, 23:1,23:2, 23:3, 23:18, 23:20, 24:1, 24:7, 25:1, 25:9, 25:18, 26:4, 27:3, 28:18, 30:16, 30:23, 31:1,31:3, 31:6, 31:25, 32:13, 34:3, 34:9, 35:10, 36:9, 36:24, 37:1, 37:7, 37:9, 37:21, 38:2, 38:4, 38:12, 39:5, 39:6, 39:12, 39:14, 39:17, 44:12, 44:25, 45:1,45:10, 45:16, 45:23, 46:13, 46:20, 47:3, 47:11, 47:20, 47:21,48:4, 48:22, 48:24, 49:4, 49:9, 49:10, 49:14, 49:15, 50:11,51:13, 51:24, 52:8, 52:13, 53:11, 56:2, 56:18, 57:17, 58:6, 58:23, 62:7, 63:24, 64:25, 65:6, 65:11,66:9, 67:25, 68:6, 68:11, 68:15, 69:11,69:12, 69:17, 70:10, 70:18, 71:8, 71:9, 71:10, 71:23, 72:7, 72:19, 72:23, 73:1,73:8, 73:11, 74:2, 74:5, 74:13, 75:7, 75:19, 76:10, 77:6, 78:19, 78:25, 80:12, 81:6, 82:6, 83:13, 87:16, 88:7, 88:24, 89:9,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
237
91:11, 91:14, 91:18, 92:7, 92:8, 92:14, 92:25, 93:17, 93:24, 94:6, 94:8, 94:18, 95:2, 95:9, 95:18, 96:9, 96:11, 96:17, 96:20, 96:23, 97:10, 97:25, 98:1,99:6, 100:4, 100:10, 100:18, 101:9, 101:18, 102:25, 103:25, 104:2, 104:6, 104:9, 104:18, 104:23, 105:6, 107:1, 107:9, 107:17, 107:21, 107:23, 108:10, 108:19, 109:6, 109:13, 109:14, 109:23, 110:4, 110:14, 111:9, 111:25, 113:24, 114:17, 115:9, 115:18, 116:4, 117:9, 118:2, 118:23, 119:6, 119:16, 123:25, 124:9, 124:19, 125:14, 125:16, 125:17, 126:4, 126:6, 127:11, 127:19, 128:8, 130:3, 135:16, 138:19, 139:2, 142:9, 143:1, 143:9, 143:13, 143:24, 146:23, 147:3, 148:8, 150:11, 150:16, 153:15, 155:23, 160:13, 162:20, 162:21, 163:13, 163:15, 164:2, 164:6, 165:24, 167:9, 167:13, 169:8, 169:14, 170:4, 170:15, 171:1, 171:12, 172:1, 172:14, 172:25, 173:15, 173:21, 174:10, 176:15, 176:19, 177:19, 180:1, 183:17, 184:10, 184:15, 184:17, 184:24, 185:12, 185:25, 186:12, 187:23, 188:14, 188:25, 189:3, 189:13, 190:10, 191:25, 192:18, 193:6,
193:8, 197:17, 198:12, 199:11, 200:7, 200:21, 201:1,201:6, 201:9, 201:11,204:19, 205:7, 205:8, 207:1, 207:12, 208:17, 210:21,211:1, 211:17, 211:18, 212:6, 215:7, 216:19, 217:7, 217:20, 219:1, 219:19, 220:10, 220:23, 221:2, 221:5, 221:9, 221:16, 222:2, 222:16, 223:13, 224:21 Cleaver's [1] -10:20 Cleaver-Brooks [192] 2:8, 3:5, 3:8, 3:10, 3:12, 4:7, 4:11, 4:18, 4:20, 4:22, 5:3, 7:1, 7:16, 7:17, 8:19, 8:25, 9:10, 9:25, 10:1, 10:6, 10:15, 11:11, 12:24, 13:16, 14:5, 14:18, 14:24, 15:12, 16:1, 16:21, 18:12, 19:12, 22:16, 22:21, 23:1,23:2, 23:3, 23:18, 23:20, 24:7, 25:1, 30:16, 31:3, 31:25, 32:13, 34:3, 35:10, 38:2, 39:5, 39:12, 39:14, 44:12, 46:13, 47:3, 50:11, 51:13, 51:24, 52:8, 52:13, 53:11, 56:2, 56:18, 57:17, 58:23, 66:9, 67:25, 68:6, 68:11, 69:11, 69:12, 69:17, 70:10, 70:18, 71:8, 71:9, 71:10, 72:7, 72:19, 72:23, 73:1,73:8, 74:2, 74:5, 74:13, 75:19, 76:10, 77:6, 78:25, 80:12, 83:13, 91:11, 91:14, 91:18, 92:7, 92:8, 92:14, 93:17, 93:24, 94:8, 94:18, 95:9, 95:18, 96:9, 96:11, 96:17, 97:10, 97:25, 98:1, 100:4, 100:18, 101:9, 101:18, 102:25, 103:25, 104:6, 105:6, 107:17, 108:19, 109:6, 109:13,
110:4, 111:25, 113:24, 114:17, 115:9, 115:18, 119:16, 123:25, 124:9, 124:19, 125:14, 125:16, 125:17, 126:4, 126:6, 128:8, 130:3, 138:19, 143:24, 146:23, 150:11, 153:15, 162:21, 169:8, 176:15, 176:19, 177:19, 183:17, 184:10, 184:15, 184:24, 185:12, 185:25, 186:12, 187:23, 188:25, 189:13, 190:10, 191:25, 192:18, 193:8, 197:17, 199:11, 200:7, 200:21, 201:6, 201:9, 201:11, 204:19, 205:7, 207:1, 207:12, 208:17, 210:21, 211:1, 211:17, 211:18, 212:6, 215:7, 216:19, 217:7, 217:20, 219:1, 219:19, 220:10, 220:23, 221:2, 221:5, 221:9, 221:16, 222:2, 223:13 Cleaver-Brooks' [137] - 3:6, 4:5, 9:7, 9:20, 11:5, 11:15, 12:19, 13:1, 13:9, 13:18, 13:25, 14:9, 18:8, 19:1,20:21, 21:6, 24:1,25:9, 25:18, 26:4, 27:3, 28:18, 30:23, 31:1,31:6, 34:9, 36:9, 36:24, 37:1,37:7, 37:9, 37:21, 38:4, 38:12, 39:6, 39:17, 44:25, 45:1,45:10, 45:16, 45:23, 46:20, 47:11, 47:20, 47:21,48:4, 48:22, 48:24, 49:4, 49:9, 49:10, 49:14, 49:15, 58:6, 62:7, 63:24, 64:25, 65:6, 65:11, 68:15, 71:23, 73:11, 75:7, 78:19, 81:6, 82:6, 87:16, 88:7, 88:24, 89:9, 92:25, 94:6, 95:2,
96:20, 96:23, 99:6, 100:10, 104:9, 104:18, 104:23, 107:1, 107:9, 107:21, 107:23, 108:10, 109:14, 109:23, 110:14, 111:9, 116:4, 117:9, 118:2, 118:23, 119:6, 127:11, 127:19, 135:16, 139:2, 142:9, 143:1, 143:9, 143:13, 147:3, 148:8, 150:16, 155:23, 160:13, 162:20, 163:13, 163:15, 164:2, 164:6, 165:24, 167:9, 167:13, 169:14, 170:4, 170:15, 171:1, 171:12, 172:1, 172:14, 172:25, 173:15, 173:21, 174:10, 180:1, 184:17, 188:14, 189:3, 193:6, 198:12, 201:1,205:8, 222:16, 224:21 Cleaver-Brooks........
.................[1] - 3:3 client [1] - 21:25 close [1] -136:23 closely [1] - 9:23 closer [1] - 214:14 closing [1] -153:5 coincides [1] - 85:18 cold [1] -153:14 Cole [9] - 4:6, 4:13,
38:18, 155:19, 183:16, 184:14, 187:25, 203:12, 203:14 colleague [1] -154:22 colleagues [2] 157:18, 157:25 collection [1] -168:22 colors [1] - 46:1 column [25] -117:24, 117:25, 119:3, 119:12, 120:1, 120:12, 120:15, 120:17, 121:21, 121:24, 122:2, 122:14, 123:6, 129:21, 134:11, 134:15, 134:17, 137:20, 181:14, 196:1, 196:16,
196:20, 196:21, 196:22, 197:2 columns [3] -121:8, 121:10, 125:1 Combination [3] 212:5, 215:10, 219:22 Combination........... [3] - 4:21,4:24, 5:4 Combination.............. ......... [1] - 4:19 combinations [1] 42:14 combustion [8] 28:24, 29:1,29:3, 29:4, 29:8, 127:14, 127:15, 180:19 coming [8] - 45:13, 45:19, 56:11,68:25, 87:11, 90:3, 141:23, 183:2 commenced [2] 56:7, 93:16 commencing [3] 1:21, 123:15, 138:15 comment [3] -14:17, 81:15, 96:7 comments [3] -11:9, 12:23, 13:15 commercial [15] 15:4, 17:23, 41:10, 41:13, 54:24, 71:16, 75:11, 75:13, 75:14, 76:22, 85:1,85:3, 85:18, 116:4, 206:9 commission [1] 190:23 Commission [2] 227:23, 228:25 commodities [2] 125:25, 126:4 commodity[2] 71:18, 126:8 commodity-type [2] 71:18, 126:8 common [7] -16:17, 54:7, 184:19, 184:23, 186:1, 186:7, 186:8 communicate [1] 207:1 communicated [2] 11:14, 207:16 communication [2] 206:16, 209:7 communications [8] 68:5, 68:10, 79:6, 79:9, 83:18, 84:3, 89:7, 100:12 companies [2] -
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
238
16:22, 22:25 Company [5] - 3:8,
4:7, 64:22, 169:14, 211:18 company [20] - 7:19, 8:10, 8:12, 8:20, 17:11, 17:15, 25:13, 37:24, 38:18, 38:22, 57:20, 57:22, 72:1, 72:2, 86:20, 87:3, 88:4, 109:23, 167:13, 185:25 compare [1] - 216:6 compensation [1] 96:18 compilation [1] 162:10 complete [2] - 162:23, 175:22 completed [2]-59:11, 175:10 completely [4] 89:20, 111:16, 136:2, 145:25 completeness [1] 95:25 complying [1] 209:19 component [19] 22:24, 31:24, 32:2, 32:4, 32:5, 32:6, 33:9, 33:13, 34:6, 53:13, 71:11,71:24, 94:2, 94:5, 94:15, 115:6, 160:14, 161:17, 207:14 components [48] 22:22, 23:12, 23:16, 23:17, 23:21,24:9, 24:16, 25:3, 25:11, 25:20, 26:3, 30:17, 30:19, 31:4, 32:12, 33:24, 34:3, 34:13, 34:20, 48:23, 51:1, 51:14, 52:1,52:9, 54:2, 54:9, 54:11, 55:11, 58:6, 58:16, 58:19, 58:25, 73:15, 80:20, 81:8, 82:5, 82:8, 82:21, 115:4, 117:1, 146:5, 163:5, 201:8, 201:10, 201:13, 223:13, 223:21,223:23 composed [3] 208:17, 208:23, 208:25 compound [2] -124:2, 218:16 comprise [1] - 48:23
computer [1] -116:25 computerized [1] -
44:18 concealed [1] -138:5 concept [1] - 50:10 concern [1] - 26:22 concerned [1] -
225:24 conclude [1] - 225:1 concluded [1] -
225:25 concluding [2] -1:21,
66:22 conclusion [4] - 67:9,
157:4, 157:10, 158:9 concrete [1] -141:9 condition [4] -128:15,
128:19, 129:14, 143:4 Conditioning [15] 3:17, 3:18, 3:19, 3:20, 3:21, 3:22, 3:23, 3:24, 4:3, 170:2, 170:24, 171:9, 171:23, 172:9, 172:23 conditioning [2] 166:23, 168:13 conduct [2] - 84:12, 84:19 conducted [2] - 42:18, 55:25 confer [2] -12:13, 225:18 conference [2] - 9:15, 226:14 conferred [1] -193:9 confess [1] - 85:24 confident [1] - 84:4 configurations [1] 22:20 configured [1] - 30:23 confirm [1] -147:21 conform [3] - 148:24, 161:25, 195:20 confuse [1] -178:18 conjunction [1] - 56:1 connecting [1] -182:9 connection [12] 8:21, 36:24, 37:1, 73:3, 73:9, 73:11, 93:19, 93:25, 95:11, 141:3, 182:11, 183:3 conscious [3] 222:15, 223:3, 223:12 consider [2] - 87:10, 198:6 consistency[1] 140:20
consistent [2] -152:8, 152:11
constantly [1] - 30:18 constitute [2] -
168:21, 186:8 constructed [1] -
25:19 constructing [2] -
176:15, 176:20 construction [3] -
114:18, 115:3, 176:20 constructive [2] 9:19, 225:20 constructively[1] 10:5 consultation [1] 14:14 contact [2] -186:2, 186:13 contacted [1] -133:16 contain [6] - 79:14, 80:13, 159:10, 203:22, 204:24, 217:22 contained [8] -17:11, 17:22, 22:22, 77:5, 164:14, 168:8, 193:21, 209:25 containing [49] 12:21, 13:3, 13:11, 13:19, 14:1, 14:12, 15:14, 16:3, 16:15, 18:9, 22:24, 23:5, 23:12, 23:15, 23:16, 23:21, 24:9, 25:3, 25:11, 25:20, 26:3, 27:2, 31:4, 31:23, 32:4, 32:6, 32:12, 33:2, 33:4, 33:9, 33:13, 33:24, 34:2, 58:6, 80:13, 80:20, 81:7, 101:11, 132:10, 132:21, 132:24, 133:3, 133:9, 199:13, 200:8, 200:14, 220:12, 221:1, 221:18 contains [1] - 204:24 content [3] - 22:23, 68:9, 197:8 contents [2] -116:3, 209:6 context [7] -16:4, 29:2, 68:11, 158:18, 162:11, 182:12, 182:17 continue [2] - 18:24, 19:6
continues [1] -190:7 continuing [2] - 30:15,
114:2 contractor [6] - 41:21,
191:14, 191:15, 191:16, 191:20, 192:10 control [1] - 209:22 controls [1] - 206:21 Controls [1] -190:4 convenient [1] 153:24 conversations [1] 67:25 conversed [1] - 39:15 conveyed [1] -100:10 copied [2] - 85:2, 159:16 copies [5] -159:16, 159:17, 159:23, 159:25, 165:23 copy [13] - 20:25, 21:1, 22:2, 102:3, 103:4, 103:7, 131:9, 163:6, 210:2, 211:22, 212:17, 215:2, 219:14 Copy [5] - 3:14, 4:19, 4:22, 4:24, 5:5 copying [1] - 75:13 corner [19] -114:12, 123:18, 134:12, 152:17, 153:12, 154:15, 156:5, 173:15, 179:3, 179:18, 194:15, 194:16, 195:7, 195:13, 202:19, 208:25, 211:4, 212:7, 212:12 Corp [1] - 173:10 Corporation [1] - 6:7 CORPORATION [1] 1:9 correct [68] -14:23, 25:4, 25:7, 32:4, 32:15, 32:23, 32:24, 33:21, 36:23, 38:25, 39:17, 43:19, 43:24, 52:4, 52:9, 52:10, 54:21, 55:16, 56:2, 56:8, 67:1,69:12, 69:14, 69:20, 71:11, 72:8, 74:8, 74:22, 77:10, 90:24, 91:13, 91:16, 97:7, 97:15, 100:23, 102:3, 107:23, 108:1, 112:1, 117:22, 118:15, 118:24,
119:7, 119:9, 119:13, 122:2, 133:4, 133:20, 140:15, 140:21, 152:5, 158:12, 159:25, 178:15, 178:16, 180:23, 181:23, 189:16, 191:8, 193:12, 194:11, 197:9, 198:14, 199:14, 205:23, 222:5, 228:9 corrections [1] 228:10 correctly [1] -107:14 correspond [13] 146:10, 179:8, 181:10, 194:21, 195:1, 195:24, 196:15, 196:19, 197:1,213:11, 214:10, 216:2, 216:3 correspondence [1] 184:14 corresponding [2] 118:1,214:22 corresponds [1] 184:2 cost [3] -125:15, 126:18, 192:11 CostCo [1] - 64:18 Counsel [33] - 22:7, 67:5, 72:15, 100:8, 100:12, 107:4, 114:13, 116:2, 122:2, 132:23, 149:20, 152:19, 154:13, 159:8, 159:24, 160:1, 170:25, 183:22, 190:16, 196:21, 198:3, 202:4, 203:23, 204:1, 206:14, 213:18, 213:24, 214:15, 216:13, 225:5, 225:18, 226:1, 226:5 counsel [20] - 6:17, 6:19, 59:12, 68:6, 68:10, 79:6, 79:10, 83:18, 83:20, 84:3, 89:8, 90:21, 100:10, 147:1, 150:23, 222:18, 226:15, 227:12, 227:14 Counsel's [19] -11:9, 12:22, 13:14, 14:17, 37:12, 96:7, 103:21, 159:5, 169:19, 169:24, 170:11,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
239
170:22, 171:10, 171:24, 172:11, 172:24, 175:19, 196:15, 204:25 country [2] - 7:24, 38:3 COUNTY [2] - 227:2, 228:2 couple [6] - 20:24, 42:22, 52:17, 224:5, 224:10, 226:7 course [14] - 28:3, 28:9, 81:3, 82:17, 105:5, 108:12, 117:3, 140:25, 141:6, 149:22, 152:3, 161:13, 182:10, 182:22 COURT [2]- 1:1, 224:16 Court [7] - 6:9, 8:13, 60:8, 78:1, 102:2, 199:3, 224:13 court [23] - 6:15, 20:3, 45:4, 59:22, 89:18, 98:11, 101:25, 131:5, 157:21, 159:22, 165:5, 166:18, 175:4, 183:10, 199:2, 202:23, 204:1, 211:21,214:2, 215:1,219:13, 225:12, 226:15 courtesy[3] -12:10, 20:25, 202:3 cover [9] - 85:17, 104:12, 104:13, 166:7, 175:19, 175:22, 176:2, 202:16, 212:17 cracks [4] -145:21, 149:17, 149:23 create [1] - 159:9 created [2] -142:11, 142:25 creating [3] -139:23, 141:12, 143:15 credit [3] -190:3, 190:9, 190:23 Credit [1] - 4:10 Crete [3] -120:19, 120:20, 120:24 cross [3] - 128:22, 131:2, 161:23 cup [1] -138:3 curious [1] - 42:5 current [2] - 92:12, 182:23 custody [1] - 226:11
customer[20] -17:2, 17:16, 17:21, 18:18, 30:25, 35:12, 41:16, 41:20, 41:22, 71:11, 101:19, 112:4, 185:18, 186:14, 188:12, 190:24, 205:9, 206:23, 207:2, 207:17
customers [15] 16:23, 74:15, 75:24, 76:13, 101:10, 110:13, 111:23, 111:25, 119:17, 124:20, 176:16, 185:13, 186:2, 189:14, 193:9
cut [9]-91:23, 127:5, 128:22, 145:10, 148:6, 148:24, 157:6, 167:23, 220:19
cut-off [2] - 91:23, 220:19
cutting [1] -146:14 CV00220 [1] -154:16 CV500-50 [1] - 51:4 cycle [1] -157:24 Cyclotherm [1] -
167:14
D
daily [1] -108:12 damage [1] - 209:23 damaged [2] - 138:6,
144:14 damaging [1] -138:3 danger [1] -100:6 dangerous [2] -
136:14, 136:18 dash [3] - 51:5, 70:2,
70:4 data [8] - 47:24, 48:8,
48:10, 48:12, 48:21, 49:8, 101:8, 101:10 date [12] - 6:3, 91:22, 93:15, 99:18, 100:19, 103:10, 127:24, 211:5, 212:13, 215:11, 219:23, 225:17 Dated [20] - 3:15, 3:18, 3:19, 3:20, 3:21, 3:22, 3:23, 3:24, 3:25, 4:3, 4:4, 4:7, 4:8, 4:9, 4:10, 4:10, 4:13, 4:14, 4:15, 228:13 dated [4] - 91:23, 158:12, 162:22,
198:12 dates [1] -199:25 day-to-day [1] - 36:2 dead [1] - 91:22 dealing [1] -108:4 Dean [2] - 2:19, 6:14 death [1] - 209:23 decades [2] -19:21,
19:23 decent [1] -130:19 decision [3] - 222:16,
223:3, 223:12 deep [1] - 50:16 defendant [2] - 99:22,
99:24 Defendant [8] - 2:8,
2:12, 2:15, 3:5, 3:7, 3:10, 3:12, 6:25 Defendants [1] -1:10 deference [1] - 96:6 define [1] -106:1 definitely [3] -19:18, 138:24, 222:20 deliver [1] -153:15 delivered [3] - 29:4, 190:11, 191:25 department [7] 52:12, 52:17, 54:1, 54:19, 56:17, 66:18, 183:17 depicted [2] -148:3, 148:22 depicts [1] -168:15 deposition [31] - 6:5, 6:11,9:16, 9:19, 12:8, 28:1, 49:8, 56:21, 147:4, 147:13, 150:18, 158:18, 158:24, 159:7, 159:23, 165:12, 198:20, 198:23, 199:18, 200:1, 207:22, 213:24, 214:3, 222:14, 224:23, 225:4, 225:9, 225:10, 225:16, 225:25, 227:8 Deposition [1] - 3:3 depositions [6] 102:23, 157:16, 158:19, 162:11, 165:15, 182:24 describe [16] - 8:2, 8:8, 27:4, 28:17, 28:25, 32:21,40:12, 40:17, 58:10, 85:20, 105:19, 106:5, 108:16, 113:23, 127:10, 130:25
described [12] - 30:9, 48:6, 49:8, 84:22, 85:11, 116:7, 138:17, 139:12, 139:22, 143:11, 209:21,217:13
describes [1] - 222:12 description [14] -
26:3, 61:19, 62:16, 65:23, 65:24, 66:6, 133:14, 149:4, 160:8, 177:12, 200:15, 217:14, 218:20, 222:6 descriptions [5] 25:15, 114:8, 116:7, 161:8, 194:4 design [4] - 30:15, 30:16, 30:21,31:14 designated [7] - 8:19, 12:23, 13:15, 14:5, 147:23, 220:11, 226:12 designation [3] 63:25, 163:13, 218:11 designed [2] - 22:16, 32:2 detail [5] - 27:4, 29:18, 64:11, 85:13, 180:17 detailed [1]-217:13 deteriorated [1] 140:8 determine [16] 24:17, 30:6, 40:20, 51:14, 58:5, 58:17, 58:24, 75:6, 88:6, 102:25, 122:8, 122:12, 148:15, 149:8, 191:2, 217:16 determined [2] 58:12, 75:21 diagram [3] -131:1, 133:19, 148:19 diameter[6] -121:11, 121:13, 121:19, 126:24, 153:2, 156:22 Diameter [1] - 3:16 diameters [1] -118:2 Diameters [2] - 3:13, 102:19 difference [3] - 29:1, 62:23, 191:14 different [28] - 8:11, 18:17, 22:18, 26:11, 41:20, 42:11,42:14, 42:22, 43:1,43:4, 46:10, 47:15, 55:11, 57:21, 80:6, 80:7,
84:6, 87:23, 87:24, 120:16, 135:3, 138:21, 139:17, 154:25, 163:4, 165:17, 221:4 differentiate [1] 26:18 dimension [4] 120:16, 149:4, 196:6 direct [6] - 72:9, 78:8, 88:20, 90:9, 92:21, 160:23 directed [6] -106:11, 106:17, 106:20, 106:25, 107:20, 108:9 directing [4] - 22:10, 97:23, 155:13, 199:8 direction [1] - 227:10 directly [3] - 51:2, 191:10, 227:14 directory [1] -169:13 directs [1] -127:14 dirt [1]-138:12 disagree [1] - 226:5 disclose [4] - 68:9, 79:6, 89:7, 100:11 disclosing [1] - 79:9 discovered [1] - 87:17 discovery [1] - 88:8 discuss [1] - 9:16 discussed [6] -10:23, 84:25, 132:4, 180:18, 193:4, 211:2 discussing [1] - 104:4 Discussion [2] 81:22, 199:6 discussion [5] - 9:20, 59:21, 59:23, 60:13, 72:4 discussions [3] 57:1, 58:3, 58:8 disease [2] - 95:8, 97:1 Disk [3] - 6:4, 154:4, 210:8 dislodging [1] -138:3 displayed [2] - 47:4, 49:10 Disposition [1] - 5:8 dispute [3] - 109:20, 191:23, 200:7 disrespect [1] 141:25 distinguished [1] 154:22 distribute [1] - 200:25 distributed [1] - 22:17 distribution [3] 12:19, 13:2, 13:10
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
240
distributor's [1] 201:1
DISTRICT [2] - 1:1, 1:2 District [2] - 6:8, 6:9 division [4] - 91:15,
91:18, 92:8, 128:4 Division [1] -173:11 divulging [1] - 84:2 Document [1] -196:9 document [106] - 24:3,
54:9, 66:23, 67:16, 91:18, 91:21,92:6, 92:7, 92:18, 103:10, 103:12, 103:16, 103:17, 104:18, 104:23, 109:5, 109:14, 110:4, 110:12, 112:5, 114:15, 115:23, 115:24, 124:24, 127:25, 133:22, 133:23, 134:24, 135:10, 135:20, 154:18, 156:25, 157:1, 158:4, 162:9, 162:20, 162:21, 162:25, 163:12, 163:21, 165:11, 165:14, 166:24, 167:6, 167:21, 167:25, 168:8, 168:19, 168:21, 169:17, 169:19, 170:15, 170:19, 171:5, 171:16, 172:17, 173:3, 175:10, 176:8, 176:14, 176:16, 178:22, 178:24, 182:2, 183:11, 183:19, 184:2, 186:16, 186:23, 186:25, 187:22, 188:22, 193:17, 193:19, 193:21, 194:13, 195:8, 198:16, 199:9, 202:8, 202:12, 202:24, 203:3, 203:5, 203:14, 203:21,203:24, 204:2, 204:6, 204:23, 205:1, 205:2, 206:13, 206:20, 209:10, 209:25, 211:5, 212:14, 212:21, 214:5, 215:12, 218:12, 219:12, 219:23, 220:1,225:6
documenting [4] 16:2, 19:1, 66:10, 201:7
Documents [4] - 3:4, 3:7, 3:9, 3:11
documents [64] 14:25, 15:2, 26:14, 31:22, 49:22, 62:8, 63:24, 64:6, 64:25, 65:6, 65:11, 65:20, 67:9, 67:22, 68:2, 68:17, 75:7, 75:23, 76:12, 77:5, 77:7, 79:20, 85:16, 109:7, 109:21, 114:10, 116:6, 116:10, 117:5, 119:21, 122:11, 129:4, 157:16, 160:19, 162:10, 163:10, 165:17, 172:4, 174:3, 174:8, 174:10, 175:15, 175:20, 175:25, 177:10, 182:10, 182:24, 184:1, 187:16, 188:9, 190:3, 191:13, 193:25, 198:12, 201:9, 203:8, 206:3, 211:20, 214:25, 215:2, 217:14, 219:12, 224:20, 224:24
Documents.............. .......... [1] - 4:15
Don [1] - 173:10 done [12] - 29:25,
37:4, 37:18, 53:18, 58:9, 76:7, 108:5, 138:20, 158:7, 161:14, 207:8, 208:3 Door [2]-3:13, 102:18 door [45] - 27:13, 27:14, 49:15, 106:8, 111:9, 111:24, 112:13, 112:15, 118:14, 121:3, 121:11, 121:13, 126:25, 127:11, 128:16, 129:6, 130:15, 131:2, 136:12, 137:13, 138:8, 138:14, 138:22, 139:2, 140:4, 143:1, 145:16, 145:23, 148:7, 149:12, 151:14, 152:10, 153:1, 153:5,
156:18, 164:3, 164:13, 164:21, 178:25, 180:10, 180:12, 180:13, 180:15, 180:16, 218:18 doors [4] -130:4, 135:16, 142:9, 164:5 double [3] - 123:20, 123:21, 124:24 down [18] - 26:12, 26:23, 46:11,48:19, 81:13, 86:5, 86:18, 117:24, 121:10, 126:9, 130:5, 130:16, 133:18, 146:12, 164:17, 164:22, 174:18, 180:8 dozen [2] -125:1, 224:12 drafted [1]-135:10 DRAPER [1] - 2:2 Draper [1] - 2:18 draw [3] -135:13, 157:3, 157:10 drawer[3] - 86:7, 86:8, 86:9 drawers [1] - 85:22 drawing [12] -127:5, 146:7, 163:15, 163:24, 176:9, 176:10, 178:25, 180:1, 180:8, 180:10, 195:9, 197:10 Drawings [2] - 4:5, 4:11 drawings [25] - 25:14, 26:21, 27:11,28:21, 31:8, 31:11, 62:1, 62:2, 62:14, 67:3, 75:11, 110:5, 114:23, 115:14, 122:8, 122:10, 126:19, 126:22, 131:20, 132:5, 136:3, 136:7, 175:12, 182:18, 194:3 drawn [1] -159:2 drill [1]-141:8 drilling [1] -141:8 drive [1] - 50:19 drives [1] - 66:5 dry [2]-64:20, 126:11 Dudek [3] -1:19, 6:12, 228:8 due [1] -126:24 duly [1] - 7:7
during [3] - 45:21, 90:23, 153:14
dust [13] -138:12, 139:23, 141:13, 142:4, 142:11, 142:19, 142:20, 142:21, 142:24, 143:15, 146:16, 146:25, 147:8
duties [2] - 7:22, 7:23
E
early [1] - 44:22 easier [2] - 120:22,
122:12 East [3]-1:19, 6:13,
228:8 Eastern [3] - 89:3,
89:4, 89:9 education [1] - 8:7 educational [1] - 8:2 effective [1] -127:18 effort [2]-58:4, 58:24 efforts [1] - 40:17 eight [7] - 95:16, 96:8,
97:24, 98:7, 100:2, 214:4, 225:11 eighth [1] -121:24 Eighths [2] -122:16, 123:9 eighths [1] -122:16 either [14] - 26:1, 35:21, 49:5, 49:23, 81:3, 87:23, 89:16, 90:4, 107:20, 138:7, 139:9, 177:5, 200:25, 211:15 elapsed [2] - 96:9, 97:25 electric [4] - 138:1, 139:21, 141:1 Electric [3] - 89:3, 89:4, 89:10 electrical [1] - 48:2 elements [1] - 30:17 elicit [2] - 64:23, 68:5 emblazoned [1] 47:22 emissions [2] 146:17, 147:8 employ [2] - 89:2, 96:24 employed [8] - 7:15, 7:16, 73:5, 93:12, 93:21, 95:7, 95:13, 152:9 employee [4] - 96:18, 105:6, 227:12, 227:13
employees [5] -14:13, 95:7, 96:25, 97:11, 99:24
employment [1] 138:19
encouraging [2] 124:20, 125:3
end [6] - 28:23, 90:2, 134:5, 154:3, 208:13, 210:8
endeavor [1] -191:5 ended [1] -109:19 engaged [1] -185:13 engagement [2] -
185:20, 185:22 Engineer[1] -192:19 enlighten [1] - 62:23 enlightening [1] -
100:5 enormous [1] - 225:22 entail [1] - 7:22 entire [3] - 57:18,
133:22, 153:1 entities [1] -155:19 entitled [2] -145:8,
174:5 entry [2] - 44:16,
213:10 Envelope [2] - 20:4 envelope [28] - 45:5,
60:9, 78:3, 165:7, 166:17, 168:8, 170:7, 170:19, 171:5, 171:17, 172:4, 172:17, 173:3, 175:5, 183:11, 186:25, 187:10, 189:22, 193:22, 202:8, 202:24, 204:6, 206:3, 210:1, 211:21,214:25, 219:13 environment [1] 60:12 equal [20] - 24:19, 31:18, 31:20, 33:19, 50:7, 63:25, 64:8, 67:17, 119:15, 120:21, 122:5, 122:24, 122:25, 129:19, 132:6, 134:1, 162:2, 175:2, 214:23, 218:13 equation [1] -121:17 equipment [3] - 93:10, 93:14, 140:6 equivalent [1] - 50:22 erected [1] - 35:15 erection [4] - 35:11,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
241
35:14, 35:18, 36:23 Eric [1] - 2:18 Erickson [2] - 4:8,
187:6 error [1] -157:25 essence [1] - 63:3 essential [1] - 209:20 essentially [5] - 34:16,
52:15, 92:11, 106:17, 180:12 establish [1] - 201:12 established [1] 103:18 establishing [1] 182:11 estimate [4] - 25:17, 25:21, 25:23, 26:1 estimated [1] - 44:8 et [3] -1:9, 6:7 etc [1] -127:16 evening [1] -12:4 event [3] - 120:24, 198:12, 200:21 eventually [2] - 57:22, 109:19 everyday [2] -19:16, 106:19 everywhere [1] 55:20 evidence [18] -15:17, 17:1, 19:5, 26:8, 32:18, 49:22, 51:18, 54:13, 55:9, 71:16, 72:25, 80:3, 97:13, 105:22, 106:13, 110:10, 142:16, 186:17 exact [4] - 24:17, 58:13, 80:21,91:22 exactly[12] - 30:3, 80:19, 85:9, 85:11, 105:14, 126:19, 126:23, 136:1, 149:19, 158:14, 186:7, 209:10 Examination [1] - 2:23 examination [2] 1:14, 225:1 EXAMINATION [1] 7:9 examined [1] - 7:8 example [3] - 51:3, 64:24, 159:1 except [3] - 89:3, 120:16, 228:10 exception [1] - 74:8 excerpt [8] -170:3, 170:13, 171:1, 171:8, 171:11, 171:22, 172:10,
172:21 exclude [2] -100:9,
219:2 excluded [1] - 221:13 excluding [1] -199:4 exclusively [1] - 68:2 excuse [8] -16:23,
80:24, 84:10, 101:2, 134:22, 158:3, 173:11 executing [2] - 61:6, 78:13 Exhibit [279] - 3:2, 3:14, 4:2, 4:19, 4:22, 4:24, 5:2, 5:5, 8:14, 8:16, 9:4, 11:8, 14:23, 18:7, 20:5, 20:6, 20:10, 20:15, 20:20, 22:11,23:23, 30:14, 35:1,40:4, 42:2, 45:6, 45:9, 45:12, 45:21,46:5, 46:22, 49:7, 50:1, 50:25, 51:8, 60:16, 60:22, 61:6, 61:7, 61:9, 69:3, 72:10, 72:17, 73:19, 74:24, 77:9, 77:21, 78:3, 78:5, 78:8, 78:14, 83:3, 84:21, 88:21, 90:10, 90:12, 90:16, 90:20, 91:4, 92:22, 94:13, 94:24, 95:5, 95:17, 95:22, 96:11, 96:14, 97:21,99:2, 99:3, 99:7, 100:4, 102:6, 102:11, 102:15, 102:20, 103:5, 103:8, 103:23, 104:3, 104:9, 104:10, 104:17, 105:9, 105:19, 106:5, 108:21, 109:7, 109:21, 111:7, 112:10, 112:17, 113:1, 113:19, 114:13, 117:12, 117:21, 117:25, 118:23, 119:12, 120:1, 120:13, 120:18, 121:8, 122:3, 122:19, 123:7, 123:12, 123:18, 123:24, 124:8, 126:15, 127:1, 127:22, 128:7, 129:13, 129:22, 130:22, 130:23, 131:7,
132:12, 133:9, 134:3, 134:21, 137:5, 137:8, 137:20, 138:17, 139:23, 143:11, 144:6, 145:7, 146:8, 147:20, 147:22, 148:3, 148:9, 148:21, 149:16, 151:8, 151:23, 151:24, 152:8, 152:14, 152:17, 153:12, 154:6, 154:10, 155:14, 155:22, 156:5, 156:9, 156:21, 157:12, 157:13, 157:23, 157:24, 158:1, 158:2, 158:3, 158:6, 158:10, 158:17, 159:1, 159:3, 159:4, 160:4, 160:6, 160:24, 161:19, 161:25, 162:3, 163:10, 165:6, 165:9, 165:22, 166:20, 167:8, 168:9, 168:12, 168:15, 168:20, 169:6, 169:20, 169:21, 170:8, 170:20, 171:6, 171:8, 171:18, 171:21, 172:5, 172:8, 172:18, 172:21, 173:4, 173:7, 174:3, 174:8, 174:18, 175:6, 175:8, 175:20, 176:6, 176:23, 177:8, 177:13, 178:14, 178:22, 179:10, 179:17, 180:2, 181:2, 181:11, 181:20, 183:12, 183:15, 184:8, 187:1, 187:4, 187:11, 187:15, 189:23, 190:1, 190:9, 192:15, 193:23, 194:10, 194:13, 194:22, 195:4, 195:8, 195:21, 196:10, 196:17, 197:1, 197:3, 197:16, 199:8, 200:2, 200:24, 201:13, 202:9, 202:20, 202:25, 204:7,
205:6, 206:4, 206:17, 208:7, 208:8, 208:19, 209:18, 210:11, 210:16, 210:22, 211:11,211:23, 212:2, 212:7, 212:13, 213:12, 213:13, 214:11, 215:2, 215:3, 215:19, 216:4, 219:1,219:14, 219:15, 219:18, 219:24, 220:6, 221:1,221:15, 222:5 exhibit [26] - 20:16, 21:4, 45:5, 59:12, 60:5, 114:3, 159:17, 165:6, 166:18, 166:19, 168:20, 169:17, 171:16, 171:25, 172:12, 172:13, 175:5, 175:22, 176:1, 187:9, 187:10, 187:14, 189:22, 194:6, 206:2, 211:21 Exhibits [5] - 5:8, 5:9, 5:10, 102:10, 158:22 exhibits [9] - 158:23, 158:24, 159:7, 159:9, 159:23, 170:12, 175:1, 211:25, 226:16 exist [1] - 87:18 existed [1] -115:24 expand [2] - 16:20, 32:11 expect [4] - 39:12, 39:14, 108:19, 185:12 expectations [2] 108:25, 109:3 expected [3] -111:25, 112:4, 189:13 expended [1] -199:3 experience [17] - 8:8, 28:4, 28:10, 39:8, 42:21, 43:9, 49:23, 56:5, 56:7, 63:13, 64:20, 72:1,72:2, 146:4, 152:4, 185:24, 193:11 experimentation [1] 14:12 expertise [2] -146:4, 193:10 Expires [2] - 227:23, 228:25 explain [7] - 64:13,
78:24, 79:16, 83:19, 121:10, 126:17 explanation [1] 224:1 exposure [3] - 89:9, 96:19, 213:22 expressed [1] - 53:23 extended [1] -123:15 extensive [2] -110:5, 161:13 extent [3] - 55:1,66:2, 150:15 exterior [1] -177:21 eyes [1] - 64:20
F
face [3] -135:7, 188:13
face-to-face [1] 188:13
facility [6] - 87:23, 87:25, 88:7, 106:19, 177:19, 184:11
fact [11] -10:6, 24:18, 63:4, 115:7, 126:24, 135:2, 135:24, 158:11, 164:19, 185:9, 191:16
factory [16] -107:1, 107:9, 107:17, 109:15, 109:18, 109:19, 110:24, 110:25, 128:8, 155:18, 155:23, 192:18, 193:11, 197:17, 197:22, 198:1
factory-trained [1] 193:11
facts [28] -15:17, 19:4, 26:7, 32:18, 51:18, 68:9, 72:25, 80:3, 97:13, 101:1, 105:21, 106:13, 108:23, 110:9, 111:14, 112:11, 118:17, 125:10, 125:20, 128:1, 128:9, 132:15, 142:16, 151:20, 155:25, 162:14, 186:17, 217:25
fair [14]-15:11,23:7, 24:23, 34:1,35:17, 42:17, 88:20, 92:6, 105:18, 111:6, 124:8, 124:19, 127:17, 191:6
fairly [2] -127:17, 224:9
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
242
fairness [3] - 95:24, 167:23, 167:24
faith [2]-10:18, 213:24
falling [1] -140:10 familiar [19] - 27:18,
27:22, 37:5, 37:24, 38:3, 38:18, 39:2, 39:22, 68:25, 101:4, 120:19, 140:14, 140:20, 160:6, 163:23, 164:5, 164:10, 166:22, 210:25 familiarize [2] 112:25, 113:18 far[9] -15:6, 24:1, 86:19, 105:1, 178:4, 186:21, 188:23, 213:17, 225:24 fashion [1] - 78:23 fault [1] -199:23 February [1] - 4:10 federal [1] -198:24 Federal [1] -1:16 feet [1] -121:9 felt [1] -109:1 few [6] - 35:7, 40:10, 78:19, 83:8, 103:21, 224:12 fiberglass [1] -178:6 Fied [1]-208:13 Field [8] - 4:9, 4:16, 4:16, 4:17, 192:18, 208:6, 208:15 field [9]-36:1, 66:5, 146:4, 188:7, 193:11,204:19, 205:7, 205:21, 213:17 Fifth [1] - 2:7 fifth [5]-13:1, 120:12, 121:8, 157:11, 157:23 figure [13] - 46:17, 69:15, 145:14, 145:17, 145:24, 146:1, 146:7, 148:2, 148:8, 148:20, 148:24, 153:3, 153:9 figures [1] -110:6 file [15]-16:17, 17:11, 19:2, 44:7, 44:10, 54:4, 54:10, 54:20, 55:15, 66:17, 80:23, 85:22, 86:11, 116:4, 202:17 filed [3] - 11:21, 40:23, 42:13 files [5] - 44:25, 55:25,
77:6, 86:2, 86:12 fill [6] -145:21,
149:22, 188:20, 189:20, 205:13, 205:16 Fill [1]- 149:17 filled [5]- 145:25, 153:4, 188:1, 189:9, 205:14 filtered [2] - 54:4, 54:25 final [1] - 159:23 finally [3] -14:8, 123:5, 149:15 financially [1] - 227:14 fine [5] - 59:13, 90:4, 154:2, 173:17, 173:19 finger [1] - 221:12 finish [2] - 202:1, 202:3 finishing [1] - 89:25 fire [6]-28:23, 29:1, 29:7, 45:13, 50:6, 192:19 Firite [2] - 179:22, 179:24 FIRITE [1]- 179:24 firm [3] -11:21, 21:15, 194:7 firmly [1] -138:12 first [55] - 7:7, 9:3, 9:6, 21:5, 40:19, 42:18, 43:10, 43:11,43:16, 43:17, 51:3, 57:14, 58:23, 59:5, 70:18, 72:5, 75:19, 87:10, 100:2, 104:3, 112:24, 127:12, 127:21, 129:12, 129:15, 131:11, 146:13, 154:12, 154:15, 155:9, 155:14, 155:22, 156:5, 156:10, 157:12, 157:15, 160:4, 160:5, 163:1, 175:11, 176:5, 187:21, 190:8, 190:9, 194:9, 195:7, 197:2, 205:9, 209:18, 210:22, 212:7, 212:13, 212:15, 226:7 First [3] - 3:4, 3:6, 3:11 fit [1] - 76:20 fits [1] -123:3 five [10] - 59:16, 81:16, 98:13,
122:16, 177:2, 177:5, 184:25, 186:11, 210:3, 221:23 Five [2] -122:16, 123:9 Five-Eighths-inch [2] - 122:16, 123:9 five-eighths-inch [1] 122:16 fixtures [1] - 48:23 flame [5] - 45:19, 46:9, 46:14, 104:4, 211:1 flange [2] -128:15, 128:19 Flint [2]-88:8, 88:10 flip [1] - 210:5 float [1] - 209:21 Floor [1] - 2:3 flow [1] - 83:20 follow [4] - 31:20, 108:20, 147:5, 178:10 followed [1] -109:1 following [2] -166:9, 215:22 follows [1] - 7:8 font [3] -104:8, 104:10, 163:5 force [1] -151:13 forcing [1] -151:17 foregoing [1] - 228:6 foreign [1] -138:12 form [159] -15:16, 16:5, 17:13, 17:17, 19:3, 20:1, 23:9, 24:11, 25:5, 26:6, 27:6, 27:20, 28:13, 29:12, 30:2, 32:16, 32:17, 32:25, 34:18, 36:11, 37:10, 38:5, 38:13, 39:18, 44:1, 46:6, 46:23, 48:7, 48:25, 49:19, 50:13, 51:17, 53:1,55:5, 55:17, 59:2, 61:12, 62:11, 63:17, 63:18, 63:19, 64:1,65:4, 65:13, 66:11,67:12, 68:21, 69:21,71:12, 73:12, 74:16, 76:15, 76:18, 76:19, 79:2, 80:1,81:9, 82:9, 82:22, 86:24, 87:19, 94:4, 94:20, 97:2, 97:12, 98:4, 100:21, 101:13, 102:12, 103:14, 104:19, 105:10, 105:20, 109:8, 110:8,
111:11, 112:2, 118:16, 119:18, 121:15, 123:1, 124:1, 124:10, 124:22, 125:9, 130:17, 131:13, 132:1, 132:14, 133:11, 134:23, 136:15, 140:17, 142:13, 143:16, 144:17, 146:18, 150:13, 155:24, 156:14, 160:15, 161:4, 163:16, 164:7, 167:2, 167:10, 168:17, 169:9, 173:22, 174:12, 176:18, 179:12, 181:16, 181:25, 185:2, 185:15, 185:19, 186:4, 186:15, 187:22, 188:16, 188:20, 189:4, 189:9, 189:17, 189:20, 192:24, 193:13, 194:25, 195:23, 196:18, 197:4, 198:15, 199:15, 200:9, 201:15, 204:18, 205:6, 205:10, 205:15, 205:16, 205:19, 207:4, 207:18, 208:9, 209:9, 210:23, 212:8, 212:20, 213:15, 216:5, 216:21,217:23, 218:14, 219:4, 219:25, 220:13, 221:19, 223:15 formal [1] - 8:6 format [8] -157:18, 163:9, 163:11, 174:4, 174:5, 174:7, 174:8, 174:9 formats [1] - 165:17 formed [1] - 33:11 forming [2] -151:14, 153:8 forth [45] -10:12, 10:20, 20:14, 30:14, 61:6, 72:17, 73:18, 77:8, 77:22, 79:7, 84:20, 94:12, 95:5, 95:21, 96:13, 100:3, 105:8, 108:21, 109:7, 109:21, 113:22, 118:22,
131:1, 146:7, 147:7, 148:2, 148:23, 152:7, 159:5, 181:14, 184:21, 194:9, 194:21, 196:22, 196:25, 197:2, 205:5, 205:22, 206:17, 208:7, 208:18, 213:11,216:4, 216:17, 219:23 forward [2] - 45:2, 226:2 forwarded [1] - 31:9 foundation [26] 61:20, 103:15, 103:16, 104:21, 105:22, 106:13, 106:14, 110:9, 111:13, 112:12, 120:6, 141:16, 151:20, 155:25, 161:6, 162:14, 166:2, 168:18, 168:23, 201:17, 208:20, 211:9, 212:23, 215:14, 217:25, 220:1 four[10] - 40:22, 42:1, 42:6, 50:24, 127:13, 155:10, 197:22, 198:3, 198:5, 221:23 four-by-six [1] - 40:22 fourth [8] - 12:18, 120:1, 120:15, 121:7, 127:1, 157:11, 157:22, 211:7 frame [4] -15:15, 52:12, 163:22, 176:10 framed [1] -163:13 frames [1] - 80:23 Frank [2] - 4:8, 187:5 frankly[8] - 26:12, 27:9, 71:17, 84:3, 125:24, 158:12, 163:2, 164:21 Fred [1] -173:9 free [1] - 213:13 freezes [1] -153:17 freezing [1] -153:13 freight [1] -190:13 frequently[4] - 30:21, 31:5, 34:4, 224:7 front [19] - 27:13, 27:14, 28:23, 47:15, 47:16, 48:17, 60:4, 103:22, 124:25, 129:6, 129:10,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
243
163:1, 165:15, 180:7, 180:10, 180:12, 180:15, 180:20, 223:8 fuel [1] - 22:19 Fuel [8]-4:16, 4:18, 4:21, 4:23, 5:4, 212:4, 215:9, 219:21 Fuel..................[1] 4:17 fulfill [1] - 32:1 fulfilled [4]-32:14, 33:20, 53:8, 65:3 full [4]-7:13, 20:21, 22:12, 161:24 fully [1]-39:15 function [9] - 28:18, 33:1, 33:3, 33:6, 33:8, 33:12, 33:20, 127:10, 144:23 furnace [1] -179:21 Furnas [3] -120:19, 120:20, 120:24 Furnas-Crete [3] 120:19, 120:20, 120:24 furnish [2] - 78:25, 101:9 furnished [5] - 75:23, 76:12, 95:17, 184:10, 189:1 furnishing [2] -19:12, 53:13 furnishment [1] - 52:8 fussy [1] - 62:19
G
garbled [1] -199:21 garnered [1] -158:17 Gas [8]-4:17, 4:19,
4:21, 4:24, 5:4, 212:5, 215:10, 219:22 gas [1] -180:19 gases [2] - 127:15 gasket [16] - 26:16, 26:18, 33:5, 33:8, 33:10, 128:15, 128:16, 128:19, 128:21, 128:22, 129:6, 129:7, 129:9, 129:15, 153:3, 153:6 gaskets [4] -13:4, 13:12, 13:20, 14:2 General [4] - 4:4, 4:16, 173:9, 174:5 general [18] - 26:2, 46:4, 53:22, 54:22, 61:18, 71:3, 76:18,
79:14, 99:24, 113:23, 130:25, 141:5, 162:20, 166:1, 166:10, 166:25, 174:5, 185:19 generally [4] - 26:10, 44:20, 164:4, 164:10 generate [1] -146:25 generated [3] - 54:9, 91:20, 92:9 gentleman [1] - 57:4 genuine [1] -163:11 George [3] - 57:5, 57:15, 57:16 given [5] - 70:11, 102:23, 188:5, 193:19, 205:25 glass [2] -173:18, 173:19 glue [2] - 145:1, 145:3 GORDON [1] - 2:9 government [11] 51:15, 52:2, 191:7, 191:9, 191:11, 191:16, 191:21, 191:22, 191:24, 192:10, 192:13 grab [1] - 77:1 grade [1] - 86:4 gravity [1] - 86:10 great [1] - 79:4 greater [1] - 27:4 greatest [1] - 78:22 grounds [1] - 72:24 group [3] - 35:23, 157:15, 166:10 groups [1] - 41:5 guess [54] -18:5, 19:18, 19:19, 26:9, 27:22, 35:19, 35:24, 37:2, 37:15, 42:25, 43:11, 46:15, 47:13, 49:21, 50:17, 52:11, 54:12, 58:8, 59:4, 61:15, 61:24, 64:13, 76:20, 82:17, 86:10, 102:17, 103:9, 105:2, 105:25, 106:7, 107:18, 109:5, 114:6, 114:16, 116:17, 124:12, 126:8, 130:11, 140:10, 146:13, 148:13, 160:4, 163:21, 165:16, 167:20, 173:12, 186:6, 186:18, 186:19, 188:18, 193:1,
203:5, 207:24, 208:4 guidance [3] -111:23,
112:1, 112:14 Guide [16] - 3:18,
3:19, 3:20, 3:21, 3:22, 3:23, 3:24, 3:25, 4:3, 170:2, 170:13, 170:24, 171:9, 171:23, 172:10, 172:23 guide [13] -106:8, 106:11, 111:19, 124:16, 136:9, 166:23, 167:1, 167:17, 167:20, 168:13, 170:3, 172:10, 218:18 guideline [1] -124:16 guys [1] - 89:20
H
half [11] - 89:20, 89:22, 89:25, 98:17, 120:3, 121:2, 137:14, 137:16, 137:17
half-hour[4] - 89:20, 89:22, 89:25, 98:17
hammer [7] -138:1, 141:1, 141:2, 141:8, 141:12, 142:11, 143:2
hand [36] - 8:15, 45:13, 45:18, 46:9, 46:14, 104:4, 123:12, 123:14, 134:11, 134:12, 134:15, 134:17, 137:19, 137:20, 144:5, 152:17, 153:12, 154:14, 156:5, 173:14, 179:2, 179:18, 184:8, 195:7, 195:13, 197:15, 202:19, 208:25, 211:1,211:4, 212:7, 212:12, 215:21, 227:17
handed [18] - 20:25, 21:4, 154:10, 166:17, 168:1, 168:8, 169:17, 170:7, 170:19, 171:5, 171:16, 171:21, 172:4, 172:17, 172:21, 173:3, 175:8, 187:9
handing [4] -102:10, 165:7, 171:21, 172:8
handled [1] - 52:21 handler [1] -139:21 handwriting [2] - 21:1,
158:25 handwritten [3] -
159:4, 203:23, 205:1 Hanger [1] - 4:12 happy [2] - 59:20,
83:22 hard [3] - 167:20,
191:13, 202:17 harder [2] - 63:1, 63:2 harkening [1] - 86:3 harm [2] - 93:14,
97:11 Harold [1] - 4:8 Harper [1] -173:10 hatch [1]-177:2 hazard [6] - 73:3,
97:18, 99:19, 135:14, 135:23, 207:13 hazardous [2] 100:19, 137:1 hazards [8] - 9:8, 14:10, 93:18, 93:25, 95:10, 96:22, 97:5, 101:20 head [15] - 39:1, 42:12, 64:5, 82:25, 85:9, 128:23, 129:6, 138:3, 156:22, 161:10, 164:1, 180:3, 180:7, 195:9, 195:10 Head..............[1] 3:16 heading [1] -196:20 headings [3] - 42:23, 43:1, 174:14 health [9] - 9:8, 73:2, 93:18, 95:10, 96:22, 97:5, 99:20, 100:7, 100:20 hear [5] -113:6, 113:9, 113:10, 166:11,204:3 heard [1] -107:14 hearing [1] - 46:18 heat [3] - 29:9, 63:4, 127:14 Heating [16] - 3:17, 3:18, 3:19, 3:20, 3:21, 3:22, 3:23, 3:24, 4:3, 170:1, 170:13, 170:23, 171:9, 171:22, 172:9, 172:22 heating [2] -166:22, 168:12
Heavy [4] - 4:24, 5:4, 215:9, 219:21
heavy [1] -164:21 heed [1] -112:1 held [2] - 86:6, 86:8 helpful [2] - 63:12,
65:16 helps [1] -117:12 hereby [2] - 227:7,
228:5 herein [1] - 7:7 hereunder [1] - 227:16 hesitate [1] - 26:10 Hi [2] - 120:3, 120:14 Hi-Temp [2] -120:3,
120:14 High [3]-160:7,
160:13, 161:3 high [5] - 8:3, 8:4, 8:7,
120:25, 160:11 high-strength [1] -
120:25 higher [2] - 63:3,
176:9 himself [2] -137:9,
152:18 Hirschboeck [1] -
6:12 Hirshboeck [2] -1:19,
228:8 historic [1] - 9:7 historical [8] -15:8,
75:15, 76:4, 76:8, 77:3, 77:10, 77:13, 156:7 historically [3] 69:14, 69:16, 117:4 history [2] - 57:18, 138:19 hmm [1] - 216:9 hold [4]-7:19, 67:21, 68:3, 145:11 holdover [1] - 92:5 holds [1] - 86:5 hole [1] -146:14 holes [1] -151:15 honest [5] - 42:8, 112:7, 140:3, 167:15, 221:3 HONEYWELL [1] - 2:9 Hoogen [2] - 2:19, 6:14 horizontal [2] -153:7, 164:20 Horne [1] - 7:2 HORNE [2]-2:10, 7:2 horsepower [5] - 50:3, 50:8, 50:10, 51:1, 51:5 Horsepower [2] -
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
244
215:9, 219:21 horsepowers [1] -
22:19 Hot [2] -4:20, 212:3 hour [6] - 50:9, 50:22,
89:20, 89:22, 89:25, 98:17 hours [4] -198:21, 214:4, 224:17, 225:11 house [1] -126:10 housekeeping [1] 226:7 HP [2]-4:23, 5:4 human [4] - 9:8, 99:20, 100:7, 100:20 hygienists [2] -14:15, 142:5 hyphen [1] - 51:3 hypothetical [11] 20:2, 108:14, 125:20, 132:16, 142:15, 143:3, 146:19, 147:8, 148:12, 150:15, 207:19
I
idea [11] - 85:25, 128:11, 131:18, 135:11, 136:10, 143:4, 146:21, 162:24, 163:7, 208:22, 214:20
identical [3] - 208:6, 216:11
Identified [3] - 3:2, 4:2, 5:2
identified [13] - 42:2, 52:7, 67:3, 83:14, 88:8, 93:10, 132:12, 133:8, 201:13, 214:11,220:25, 221:17, 222:4
identifies [1] - 205:19 identify [23] - 31:3,
45:9, 84:19, 93:11, 95:6, 102:15, 154:12, 159:10, 173:7, 173:13, 175:11, 187:4, 187:14, 190:1, 194:1,202:12, 203:3, 204:10, 206:7, 210:18, 212:2, 215:6, 219:18 identifying [2] - 25:2, 115:18 identities [1] - 24:8 identity [3] - 25:10,
30:20, 68:1 illegibility [1] -159:21 illumination [1] - 32:8 imagine [3] -107:16,
145:4, 209:11 immediate [1] -
209:19 IMO [2]-2:12, 7:2 importance [1] -
188:23 important [4] -
127:17, 127:20, 188:12, 188:25 impractical [1] -10:11 inadvertently [2] 159:16, 226:16 Inc [11] - 3:5, 3:7, 3:10, 3:12, 4:6, 4:14, 7:16, 92:14, 128:4, 190:4, 191:20 inch [15] -119:14, 120:3, 122:4, 122:16, 123:9, 133:19, 144:11, 144:16, 145:11, 145:12, 146:15, 146:16 Inch [1] - 120:14 inches [2] - 3:14, 102:19 incidents [1] -119:22 include [5] - 34:10, 39:21, 86:15, 94:2, 136:5 included [1] -176:1 includes [3] - 96:16, 188:20, 192:17 including [11] -11:17, 13:3, 13:11, 13:20, 14:1, 14:11, 93:14, 116:19, 116:25, 185:5, 202:16 inclusive [1] - 185:6 incomplete [16] - 20:2, 108:13, 125:19, 132:15, 142:14, 146:19, 148:12, 150:15, 155:11, 156:24, 158:10, 162:16, 163:8, 182:1, 183:6, 207:19 incorporate [2] 33:17, 169:18 Incorporated [2] 2:12, 7:3 incorporated [11] 23:5, 23:16, 24:10, 25:4, 25:12, 25:19, 26:4, 27:3, 32:13, 34:3, 34:8
incorporating [5] 169:24, 170:10, 170:22, 172:11, 172:23
incorrect [2] -197:11, 218:3
increased [1] -126:18 increases [1] -121:14 increasing [1] -
126:25 indeed [5] - 28:4,
87:18, 124:8, 169:4, 205:19 independent [1] 199:11 index [8] - 40:22, 41:12, 41:15, 42:3, 84:24, 85:19, 85:21 indexes [1] - 85:7 indicate [7] - 24:24, 50:25, 103:3, 106:16, 106:22, 140:8, 218:12 indicated [8] - 28:2, 42:3, 71:23, 72:6, 82:3, 93:24, 174:17, 184:13 indicates [13] - 70:17, 114:15, 117:25, 134:4, 149:16, 174:21, 176:24, 179:21, 180:7, 181:23, 184:22, 196:13, 215:24 indicating [4] - 23:3, 69:13, 124:18, 205:16 Indications [1] -127:8 indirectly [1] - 227:15 individual [6] - 22:20, 40:12, 74:9, 99:23, 142:7, 205:21 Individually[1] - 3:8 individuals [11] 106:25, 107:21, 108:9, 108:19, 109:14, 109:22, 110:1, 110:19, 110:21, 111:8, 128:8 indulgence [1] 225:22 Industrial [9] - 4:6, 4:13, 38:19, 155:19, 183:16, 184:14, 187:25, 203:12, 203:14 industrial [2] -14:14, 142:5 Industries [2] - 2:12, 7:3
Information [1] - 4:16 information [36] -
14:25, 31:7, 51:25, 62:4, 67:7, 68:8, 74:14, 79:8, 79:21, 83:20, 85:2, 86:16, 88:2, 88:18, 95:19, 96:12, 96:15, 98:2, 99:21, 99:23, 100:1, 100:5, 100:9, 100:15, 189:1, 189:12, 201:5, 201:19, 202:13, 205:17, 207:2, 207:16, 207:25, 219:9, 220:22, 221:24 injury [2] - 96:19, 209:23 inner [7] - 27:14, 145:13, 145:15, 180:10, 180:13, 180:14, 180:15 inoperative [1] 209:22 inquiries [4]-52:21, 53:24, 76:6, 76:7 inquiry [1] - 75:21 inside [3] - 85:19, 153:2, 180:14 insidiousness [1] 63:11 insignia [2] - 46:14, 47:21 insofar[1] -132:20 inspect [3] -144:11, 159:24, 192:19 inspecting [1] 127:16 install [2] -145:16, 148:7 installation [19] 35:18, 35:20, 36:22, 37:3, 39:16, 39:21, 39:23, 61:14, 62:21, 62:25, 73:4, 93:20, 94:1, 95:12, 97:6, 145:9, 145:10, 145:18, 201:2 installed [6] - 47:12, 148:23, 185:1, 197:17, 201:3, 224:22 installing [1] - 36:4 instance [11] -1:15, 42:1, 43:15, 53:18, 64:7, 79:20, 87:14, 118:13, 125:15, 178:7, 226:13 instances [8] - 24:15,
24:19, 64:11,64:12, 87:21, 87:22, 164:17, 214:18 instead [1] - 35:18 instruct [4] - 84:6, 111:7, 147:11, 192:20 instructed [1] - 225:13 instructing [1] - 226:2 instruction [5] 111:20, 151:9, 151:17, 153:16, 188:13 instructions [5] 106:2, 110:6, 111:21, 152:7, 205:25 insulates [1] - 63:5 insulating [14] 27:10, 120:3, 120:14, 121:12, 133:8, 145:10, 145:16, 145:20, 145:25, 147:19, 151:13, 151:18, 213:9, 221:17 Insulating [1] -145:9 Insulation [2] - 3:16, 66:4 insulation [30] -13:4, 13:12, 13:20, 14:2, 26:17, 27:1,27:2, 27:5, 27:8, 27:13, 28:22, 63:4, 63:5, 63:9, 137:11, 137:15, 138:3, 142:8, 147:21, 148:3, 148:6, 148:15, 148:22, 160:11, 177:22, 178:3, 178:6, 178:20, 213:8, 222:3 integration [1] 148:25 intended [1] - 68:5 intent [1] -175:19 intentionally[1] 100:9 interest [1] - 95:25 interested [2] - 92:12, 227:14 interpret [4] - 22:5, 124:13, 124:15, 162:24 Interrogatories [6] 3:4, 3:6, 3:9, 3:11, 69:5, 93:11 interrogatories [11] 9:24, 10:3, 10:13, 11:16, 11:19, 12:7,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
245
12:12, 21:5, 59:25, 69:24, 100:3 interrogatory [10] 12:9, 21:4, 59:19, 61:4, 79:3, 79:12, 79:17, 83:7, 83:11, 96:1 Interrogatory [38] 21:19, 22:7, 23:23, 30:13, 35:4, 40:8, 49:25, 69:10, 70:17, 72:14, 72:16, 72:23, 72:24, 73:18, 73:20, 77:23, 78:18, 79:1, 79:25, 80:2, 80:9, 84:10, 84:20, 91:6, 92:24, 94:13, 94:17, 95:4, 95:14, 95:21, 96:2, 96:3, 96:10, 97:24, 98:3, 99:5, 99:10 interrogatory's [1] 79:4 interrupted [1] 116:22 interruption [1] 123:16 intervening [1] - 95:18 invoice [5] - 190:22, 191:1, 191:3, 191:12, 203:13 invoiced [2] - 53:8, 190:22 involved [6] - 29:16, 29:21, 35:20, 35:23, 37:8, 56:4 involving [1] -123:15 Island [32] - 4:12, 27:12, 31:10, 41:9, 41:23, 41:24, 42:3, 42:10, 43:6, 43:21, 75:10, 84:12, 84:23, 85:11, 175:14, 176:12, 176:13, 179:1, 187:17, 190:5, 192:1, 194:5, 195:12, 201:4, 202:15, 203:9, 204:14, 204:17, 206:11,208:14, 217:16, 218:21 Island........[1] - 4:6 issue [9] -31:14, 31:15, 40:14, 42:24, 79:19, 142:3, 151:16, 163:6, 193:7 issues [4] - 7:25, 35:25, 36:10, 81:4 Item [1] -180:5 item [6] - 93:10,
124:25, 174:17, 176:24, 178:9, 178:11 items [3] - 93:13, 205:5, 205:22 iteration [2] - 43:7, 88:17 iterations [1] - 42:11 itself [10]-17:3, 23:4, 23:10, 134:24, 167:1, 188:23, 198:16, 205:2, 212:21,220:1 ITT [4]-206:21, 207:7, 209:3, 209:7
J
J.M [14]- 119:14, 119:16, 122:4, 122:24, 129:18, 133:25, 161:20, 162:1, 175:2, 177:8, 181:6, 196:6, 214:19, 217:1
James [2] - 4:13, 4:14 JAMES [1] - 2:10 January[1] - 4:4 Jim [1] - 7:2 JM [4] -179:22,
179:23, 218:11, 218:12 job [8] - 30:10, 36:16, 40:23, 40:24, 56:24, 57:16, 142:7, 182:23 JOHN [5]- 1:14, 7:6, 227:8, 228:5, 228:18 John [3] - 6:5, 7:14, 223:19 Johns [3] - 145:22, 149:24, 152:25 Johns-Manville [3] 145:22, 149:24, 152:25 joints [1] -145:20 Jones [1] - 6:15 Judge [2] - 214:16, 226:2 Judy [2] - 4:13, 4:14 July [1] - 224:5 juncture [2]-59:11, 224:18 June [2]-21:15, 209:6
K
Kaiser [27] - 62:3, 62:9, 62:17, 63:24, 64:8, 64:12, 65:2, 65:10, 65:25, 66:7, 66:10, 66:18, 66:23,
66:25, 67:11,68:1, 131:24, 132:5, 132:9, 132:20, 181:23, 182:7, 182:9, 182:17, 183:3, 183:7, 220:17 keeping [1] - 86:9 kids [1] - 85:25 Kimberly [1] - 64:22 Kimberly-Clark [1] 64:22 kind [17] -10:16, 12:3, 22:11, 30:12, 60:2, 60:11, 60:21,64:13, 78:2, 78:8, 78:17, 83:2, 157:22, 176:22, 183:20, 184:7, 214:1 kindly [4] - 40:3, 45:5, 175:5, 219:13 Kirkland [1] - 64:18 Kleenex [4] - 64:16, 64:21, 64:22, 65:3 knocked [1] -138:6 knowing [4] - 54:12, 68:6, 126:19, 201:21 knowledge [20] - 9:7, 14:10, 24:7, 25:10, 31:7, 49:5, 52:20, 53:12, 53:16, 53:22, 55:1,55:25, 146:3, 150:19, 150:21, 185:24, 199:11, 200:22, 220:24, 221:9 Knudson [1] - 6:23 KNUDSON [5] - 2:3, 6:23, 21:22, 155:1, 155:4
L
L-66335 [1] - 202:20 label [6]-70:18,
71:24, 78:3, 134:20, 135:6, 215:1 labeled [2] - 72:7, 155:10 labeling [5] - 46:21, 70:20, 71:4, 71:6 labels [2] - 69:25, 146:9 lack [21] - 76:23, 103:16, 104:21, 105:22, 106:12, 106:14, 111:12, 112:12, 141:15, 142:20, 151:20, 155:25, 161:5, 162:14, 166:1, 166:2, 201:16,
211:8, 212:22, 215:13, 217:25 lacks [1] -168:18 Ladenburg [1] - 2:18 LADENBURG [1] - 2:2 lagging [3]-177:16, 177:17, 178:13 laid [1]-164:17 language [1] - 223:4 large [2] - 7:23, 145:13 last [31]-12:4, 19:21, 20:1, 20:9, 20:16, 28:6, 44:12, 57:12, 67:5, 78:9, 92:1, 129:18, 136:4, 165:8, 167:7, 168:15, 169:6, 169:15, 170:2, 170:11, 170:14, 170:25, 171:11, 171:25, 172:13, 172:24, 209:17, 216:24, 218:9, 221:14, 224:3 late [2]-44:21, 198:18 lawsuit [1] - 8:21 lawsuits [1] - 7:25 lay [1] -164:22 layer [1] -145:19 layman's [1] - 28:25 Layton [1] - 226:2 leakage [1] -127:15 learned [4] - 99:19, 100:6, 100:19, 207:12 least [28] -10:22, 23:6, 23:17, 39:22, 44:24, 46:18, 52:22, 57:12, 58:2, 104:24, 110:18, 130:13, 130:14, 132:9, 154:17, 155:21, 156:10, 156:25, 157:24, 165:12, 175:13, 185:19, 187:18, 193:7, 202:2, 202:14, 209:5, 223:9 leave [2] - 24:19, 59:22 leaving [1] -145:17 leeway [1] -147:6 left [23]-31:19, 81:17, 114:12, 123:17, 128:14, 134:11, 134:12, 134:15, 137:19, 138:10, 152:1, 163:14, 173:14, 176:22,
179:2, 179:18, 194:15, 194:16, 208:25, 210:4, 211:4, 212:12, 215:21 left-hand [11] 134:11, 134:12, 134:15, 137:19, 173:14, 179:2, 179:18, 208:25, 211:4, 212:12, 215:21 legal [1] - 68:10 length [2] - 79:4, 136:21 less [1] -192:11 Letter [5] - 4:6, 4:8, 4:13, 4:14, 4:17 letter [15] - 70:2, 175:19, 175:21, 175:22, 176:2, 183:16, 194:7, 194:8, 207:7, 208:6, 208:17, 208:18, 209:7, 209:18 letterhead [1] - 209:1 level [2] -176:10, 206:21 liability [2] - 7:24, 8:1 library [1] - 85:23 lieu [1] - 70:24 life [1] -108:12 Light [5]-4:18, 4:21, 4:23, 5:4, 215:9 light [5] -103:21, 135:4, 135:24, 212:5, 219:21 lighting [1] -189:2 likely [2] - 39:10, 126:24 limited [2] -14:11, 77:18 limits [1] - 213:23 line [3] -151:10, 153:7, 213:17 lip [1] -153:3 list [20]-24:18, 43:3, 44:20, 48:1,75:22, 112:20, 115:10, 115:17, 116:3, 116:10, 116:14, 116:19, 117:5, 117:15, 178:2, 184:22, 185:5, 217:21,228:10 listed [5]-31:21,51:3, 121:9, 133:15, 205:24 listing [1] - 85:14 lists [6]-75:16, 75:22,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
246
76:11, 76:21, 184:25 lit [2]-205:9, 205:14 literally [3] - 40:22,
80:22, 140:9 litigation [6] -10:1,
11:17, 56:1,56:5, 81:4, 105:7 litigation-related [1] 81:4 lives [1] - 57:11 living [1] - 57:9 LLC [2]-2:16, 7:5 LLP [1] - 2:9 local [2]-37:24, 126:9 locate [4] - 40:18, 42:6, 42:23, 191:5 located [1] - 6:12 locating [1] - 40:13 location [12] -16:24, 35:12, 40:25, 41:16, 41:18, 47:10, 48:4, 48:18, 85:6, 87:16, 138:9, 185:1 locations [5] -18:13, 36:8, 40:14, 47:20, 88:25 logo [9] - 45:16, 104:2, 104:4, 104:6, 173:16, 173:21, 173:25, 210:21, 212:6 look [77]-9:3, 12:11, 15:22, 18:6, 24:20, 26:10, 31:8, 40:7, 47:9, 51:22, 53:5, 54:13, 55:9, 59:5, 60:6, 60:21, 60:24, 62:13, 62:15, 64:4, 64:5, 64:17, 65:18, 67:16, 73:18, 75:1, 78:8, 83:7, 84:9, 85:10, 85:16, 87:3, 88:24, 90:12, 91:3, 91:6, 102:24, 103:2, 103:13, 103:22, 114:23, 119:20, 120:9, 122:8, 123:17, 126:21, 128:13, 130:22, 132:4, 133:13, 136:2, 146:9, 151:5, 151:23, 153:11, 161:9, 162:3, 163:2, 165:17, 165:21, 167:16, 169:6, 177:10, 185:21, 188:2, 190:20, 190:21, 190:25, 191:11, 192:15, 193:25, 195:6,
202:18, 207:6, 210:15, 217:12, 218:22 looked [24] - 40:21, 42:5, 42:14, 42:25, 43:5, 43:6, 44:18, 54:15, 58:14, 68:18, 71:17, 80:16, 82:13, 85:10, 88:12, 88:13, 88:16, 122:10, 129:8, 136:7, 149:7, 155:5, 193:3 looking [62] -14:23, 15:21, 16:14, 28:20, 32:10, 42:7, 42:8, 43:2, 49:25, 50:24, 51:21, 53:17, 65:17, 72:2, 74:8, 80:22, 85:13, 94:24, 99:1, 114:7, 114:12, 114:25, 117:20, 117:24, 120:12, 122:18, 126:14, 129:4, 133:18, 134:2, 134:8, 142:4, 144:5, 144:25, 146:11, 148:2, 148:19, 148:20, 149:15, 156:4, 156:20, 161:19, 174:17, 176:22, 177:13, 178:10, 179:16, 180:21, 181:10, 181:20, 184:7, 191:12, 195:13, 196:8, 200:2, 203:17, 211:4, 212:12, 213:4, 215:21, 221:14 looks [15] -46:1, 103:7, 104:15, 128:23, 163:3, 166:10, 177:1, 178:3, 178:12, 183:16, 187:18, 190:5, 206:18, 210:25, 212:10 loose [1] -138:6 loosely [2] - 86:6, 86:8 lost [1] - 28:6 loud [10] - 35:5, 73:22, 93:1, 93:2, 99:15, 99:17, 137:9, 137:10, 152:18, 152:20 low [1] -176:11 lower [15] -121:1, 121:2, 122:19, 123:6, 123:12,
123:17, 126:14, 128:14, 137:14, 137:16, 152:16, 154:14, 211:4, 212:6, 212:12 Lunch [1] - 98:22 lunch [4] - 89:19, 90:3, 98:15, 199:4
M
Machinery [1] 173:11
Madam [6] - 8:13, 60:8, 78:1, 102:2, 199:2, 224:13
magazine [1] -166:9 maintain [2] -16:21,
54:1 maintained [5] -
19:21, 19:24, 52:7, 115:17, 185:20 maintaining [4] 107:22, 108:10, 109:22, 176:17 maintenance [10] 36:3, 39:5, 39:16, 39:24, 106:19, 111:8, 111:18, 114:18, 164:5, 192:20 maintenance-type [1] -36:3 major [1] -123:15 man [2] - 57:25, 221:3 management [2] 8:11,57:21 manager[1] - 7:21 manner [7] - 49:6, 49:15, 85:20, 138:9, 148:23, 163:12 manual [19] - 77:11, 105:19, 105:25, 106:1, 144:22, 159:2, 184:23, 185:5, 185:6, 185:8, 187:7, 210:19, 213:19, 213:20, 214:20, 216:24, 217:4, 218:4, 220:18 Manual [8] - 4:18, 4:21,4:23, 5:4, 156:6, 212:4, 215:8, 219:20 Manual................... [1] - 3:14 manuals [8] - 75:23, 76:11, 105:8, 105:13, 105:15, 116:11, 226:11, 226:12
manufacture [7] 12:19, 23:4, 30:22, 73:4, 93:19, 94:1, 95:11
manufactured [12] 22:17, 22:21,22:25, 30:20, 64:22, 65:1, 67:11, 80:11,81:6, 82:7, 82:19, 83:12
manufacturer[20] 24:17, 31:12, 31:21, 31:23, 33:10, 33:19, 62:17, 71:19, 120:9, 125:16, 131:22, 131:24, 133:14, 133:15, 185:13, 200:12, 200:17, 217:12, 217:17, 218:2
manufacturer's [2] 70:24, 119:4
manufacturers [18] 24:8, 24:15, 24:22, 25:2, 25:11,30:21, 31:4, 31:13, 31:17, 34:2, 38:7, 38:10, 38:23, 39:3, 39:13, 223:17, 223:21
manufacturers' [4] 38:2, 39:4, 186:1, 186:13
manufacturing [2] 31:15, 97:6
Manville [3] - 145:22, 149:24, 152:25
March [1] - 4:9 marginalia [1] -
226:17 marginality [7] -
21:23, 159:4, 159:18, 183:19, 184:3, 203:22, 206:13 margins [1] - 22:3 mark [7] - 8:15, 20:5, 125:17, 126:13, 159:2, 211:22, 219:14 marked [41] - 8:16, 20:6, 45:6, 46:21, 60:16, 78:5, 102:6, 125:21, 126:6, 154:6, 158:2, 158:6, 158:23, 165:9, 166:20, 168:9, 169:21, 170:8, 170:20, 171:6, 171:18, 172:5, 172:18, 173:4, 175:6, 183:12,
BROWN & JONES REPORTING, INC.
187:1, 187:11, 189:23, 193:23, 202:9, 202:25, 204:7, 206:4, 210:1, 210:2, 210:11, 211:23, 215:3, 219:15, 220:8 market [4] - 23:2, 23:22, 50:18, 115:20 marketing [1] - 46:18 marking [1] -158:25 master [4] -115:10, 115:17, 116:14, 116:18 material [32] - 26:18, 27:10, 28:22, 30:5, 62:20, 62:24, 62:25, 63:1, 63:3, 63:5, 66:2, 68:17, 70:23, 71:18, 101:8, 101:10, 112:20, 118:9, 121:12, 137:25, 138:11, 140:4, 140:5, 142:12, 151:14, 175:2, 178:2, 178:4, 178:11, 180:4, 217:18, 222:12 Materials [1] -145:13 materials [12] - 26:16, 26:17, 26:19, 34:16, 77:3, 121:5, 123:14, 135:15, 138:13, 159:14, 182:19, 197:21 matter[10] - 6:6, 8:9, 9:6, 10:11, 11:4, 12:3, 13:23, 14:6, 14:19, 50:20 matters [3] - 8:20, 9:17, 226:7 Matthew [1] - 6:21 MATTHEW [2] - 2:2, 2:14 Mattingly [1] - 7:4 MATTINGLY [3] 2:13, 2:14, 7:4 McAninch [1] - 205:20 MCANINCH [1]205:20 McDonald [1] - 207:13 McDonnell [7] 206:21,206:22, 207:7, 207:13, 207:15, 209:3, 209:19 mean [33] -18:25, 31:21, 31:23, 33:20, 43:14, 48:8, 50:4, 58:21, 63:16, 70:20,
JOHN F. TORNETTA, 09/14/2012
247
71:7, 73:8, 85:5, 86:3, 94:5, 104:11, 117:10, 118:5, 141:25, 157:6, 163:11, 167:23, 182:13, 190:15, 195:25, 196:20, 196:21, 196:24, 200:23, 208:18, 211:7, 216:12, 225:16 means [7] - 65:25, 70:22, 79:10, 100:9, 117:14, 122:25, 128:4 meant [3] - 34:22, 217:3, 217:5 measurement [3] 50:7, 50:18, 50:20 measures [4] - 95:7, 95:13, 96:24, 97:10 measuring [1] - 50:5 Media [1] - 8:6 media [1] - 99:24 medical [1] -14:13 meet [1] -136:24 meeting [1] - 226:1 membership [1] -11:5 memo [3] -190:4, 190:9, 190:23 Memo [1] - 4:10 memorializing [1] 201:10 memory [1] - 203:18 mention [1] - 223:7 mentioned [2] - 68:24, 75:24 mentioning [2] 76:13, 183:7 merger [2] - 91:20, 92:9 met [1] - 31:25 metal [9] - 34:14, 48:23, 86:5, 145:15, 145:23, 177:20, 178:14, 178:18, 178:19 method [3] - 41:17, 144:15, 152:9 methodology[1] 89:1 Michael [1] - 7:4 Michigan [3] - 88:4, 88:8, 88:10 microfilm [3] -115:12, 116:8, 117:6 microlite [5] -177:21, 177:24, 178:1, 178:3, 178:20 microphone [3] -
166:12, 166:15, 204:4 microphones [1] 113:13 mid-70s [1] - 58:2 middle [1] - 45:12 might [11] - 26:17, 34:7, 63:10, 75:16, 87:8, 92:4, 120:22, 125:22, 149:7, 220:22, 220:23 millboard [1] -181:6 Miller [6]-206:21, 206:22, 207:7, 207:13, 207:15, 209:3 Miller's [1] - 209:20 Milwaukee [9] -1:20, 6:13, 57:12, 90:2, 198:18, 211:18, 225:15, 227:17, 228:9 MILWAUKEE [1] 227:2 mind [4] - 27:9, 63:1, 82:12, 139:14 mine [1] -159:18 minute [4] - 71:9, 143:6, 173:16, 222:22 minutes [8] - 59:16, 81:16, 89:23, 98:13, 98:17, 154:1, 154:2, 210:3 mischaracterized [1] 223:1 mischaracterizes [6] 32:17, 76:16, 124:23, 135:20, 186:16, 218:15 misfiled [3] - 87:5, 87:9, 87:11 misleading [1] 135:20 missed [2] -169:3, 222:9 missing [1] -188:6 misspoke [1] -151:24 misunderstands [1] 175:24 misunderstood [1] 17:7 mix [5] - 30:4, 30:6, 126:11, 126:12, 131:11 Mix [37] - 62:1,70:2, 70:4, 72:20, 75:24, 75:25, 76:13, 76:14, 114:16, 114:23, 117:22, 118:1,
118:19, 132:12, 137:24, 138:5, 138:15, 139:5, 143:12, 152:12, 179:3, 180:23, 180:24, 182:6, 182:9, 196:10, 197:7, 197:9, 197:14, 197:20, 198:13, 199:12, 199:25, 215:25, 220:11, 220:25 mixed [12] - 28:2, 29:22, 29:24, 34:16, 63:16, 99:8, 145:22, 149:18, 150:1, 150:7, 152:25, 179:8 mixer[1] - 29:25 mixing [3] - 30:5, 30:8, 150:12 mixture [1] -153:5 mixtures [1] -153:14 model [4] - 41:2, 48:1, 51:2, 136:6 Model [6] - 4:20, 4:22, 5:3, 212:3, 215:7, 219:19 moisture [1] -151:15 moment [4] -139:15, 188:2, 221:2, 221:5 monitor [2] - 210:20, 211:16 Monitor [1] - 4:18 month [1] - 211:7 months [2] - 224:5, 224:10 morning [2] - 7:11, 7:12 most [7] - 9:22, 10:8, 10:19, 77:18, 137:12, 222:20, 225:21 mostly [1] - 33:25 motion [2] -10:16, 225:19 motor [1] - 51:6 Mount [1] -187:6 move [3] -17:5, 40:6, 202:5 moving [1] -121:7 MR[664] - 2:2, 2:6, 2:10, 2:14, 6:21, 6:25, 7:2, 7:4, 7:10, 8:13, 8:17, 9:13, 10:25, 11:1, 11:3, 12:2, 12:14, 12:16, 12:17, 15:16, 15:25, 16:5, 16:8, 16:19, 17:5, 17:9, 17:13, 17:16, 17:17, 17:18,
19:3, 19:11, 19:25, 20:3, 20:8, 20:23, 21:8, 21:9, 21:12, 21:16, 21:18, 21:23, 22:4, 22:6, 22:8, 23:9, 23:14, 24:11, 25:5, 25:8, 26:6, 27:6, 27:20, 27:25, 28:12, 28:15, 28:16, 29:12, 29:17, 30:2, 30:7, 32:16, 32:20, 34:18, 34:23, 36:11, 36:14, 36:21,37:10, 37:11, 37:13, 37:19, 37:22, 38:1,38:5, 38:9, 38:13, 38:17, 39:18, 39:25, 44:1, 44:5, 45:4, 45:7, 46:6, 46:12, 46:23, 47:8, 48:7, 48:10, 48:11, 48:14, 48:20, 48:25, 49:3, 49:11, 49:13, 49:19, 49:24, 50:13, 50:23, 51:17, 51:23, 52:3, 52:5, 53:1, 53:10, 53:15, 53:20, 55:5, 55:13, 55:17, 55:23, 56:19, 56:22, 57:3, 59:2, 59:8, 59:15, 59:18, 59:24, 60:1,60:3, 60:7, 60:20, 61:12, 61:16, 61:20, 61:22, 62:6, 62:11,62:22, 63:19, 63:22, 64:1, 64:9, 65:4, 65:9, 65:13, 66:8, 66:11, 66:16, 67:4, 67:6, 67:12, 68:3, 68:14, 68:19, 68:21,69:1, 69:21, 70:9, 70:13, 70:16, 71:12, 71:22, 72:14, 72:16, 73:7, 73:12, 73:17, 73:22, 73:23, 74:1,74:16, 74:20, 76:15, 77:4, 78:1, 78:6, 79:2, 79:22, 80:1,80:10, 81:1, 81:9, 81:18, 81:25, 82:9, 82:16, 82:22, 83:1,83:16, 83:23, 83:25, 84:8, 84:14, 84:17, 86:24, 87:4, 87:19, 89:6, 89:11, 89:12, 89:15, 89:21, 89:23, 89:24, 90:7, 90:8, 90:22, 91:2, 91:25, 92:3, 92:10, 92:15, 93:4, 93:5, 93:6, 93:7, 93:23, 94:4, 94:7,
BROWN & JONES REPORTING, INC.
94:20, 94:23, 95:3, 95:4, 95:15, 95:23, 96:5, 97:2, 97:8, 97:12, 97:19, 98:4, 98:9, 98:13, 98:14, 98:16, 98:19, 98:25, 99:7, 99:10, 99:12, 99:13, 99:16, 100:8, 100:17, 100:21, 100:25, 101:1, 101:3, 101:13, 101:17, 101:21, 101:24, 101:25, 102:9, 102:12, 102:14, 103:14, 103:20, 104:19, 105:4, 105:10, 105:16, 105:20, 106:3, 106:6, 106:10, 106:12, 106:24, 107:2, 107:3, 107:6, 107:11, 107:15, 107:19, 107:24, 108:8, 108:13, 108:18, 108:22, 109:4, 109:8, 109:12, 110:7, 110:11, 110:15, 111:5, 111:11, 111:22, 112:2, 112:8, 112:11, 112:16, 112:20, 112:21, 112:23, 113:7, 113:11, 113:14, 113:17, 114:1, 114:4, 114:5, 114:11, 114:20, 115:1, 116:1, 116:5, 116:13, 116:15, 116:20, 116:22, 117:3, 117:7, 118:6, 118:11, 118:16, 118:20, 118:25, 119:5, 119:8, 119:10, 119:18, 119:24, 120:6, 120:11, 121:15, 121:20, 121:23, 121:25, 122:1, 123:1, 123:4, 124:1, 124:6, 124:10, 124:14, 124:22, 125:7, 125:9, 125:13, 125:19, 126:2, 128:1, 128:6, 128:9, 128:12, 129:1, 129:11, 129:23, 129:25, 130:2, 130:17, 130:21, 131:13,
JOHN F. TORNETTA, 09/14/2012
248
131:15, 132:1, 132:7, 132:14, 132:19, 132:22, 132:25, 133:1, 133:6, 133:11, 133:17, 134:11, 134:13, 134:15, 134:19, 134:22, 135:5, 135:8, 135:12, 135:17, 136:11, 136:15, 137:3, 137:9, 137:10, 137:21, 137:23, 138:16, 139:4, 139:8, 139:24, 140:12, 140:17, 140:19, 140:22, 140:24, 141:3, 141:5, 141:10, 141:14, 141:21, 142:13, 142:23, 143:16, 143:23, 144:1, 144:4, 144:17, 144:21, 144:24, 145:6, 146:18, 146:22, 147:1, 147:18, 147:24, 148:1, 148:10, 148:18, 149:1, 149:10, 149:19, 149:22, 149:25, 150:1, 150:3, 150:4, 150:13, 150:22, 150:23, 151:2, 151:4, 151:19, 151:22, 152:18, 152:20, 152:23, 153:10, 153:22, 153:24, 154:1, 154:2, 154:9, 154:13, 154:21, 154:23, 155:2, 155:7, 155:24, 156:3, 156:14, 156:19, 157:8, 157:9, 157:20, 158:1, 158:5, 158:8, 158:21, 159:12, 159:13, 159:19, 159:20, 160:1, 160:2, 160:15, 160:22, 161:4, 161:12, 162:13, 162:18, 163:16, 163:18, 163:25, 164:7, 164:12, 164:25, 165:5, 165:10, 165:25, 166:13, 166:16, 166:21, 166:24,
167:1, 167:2, 167:5, 167:10, 167:22, 168:7, 168:10, 168:17, 169:4, 169:5, 169:9, 169:16, 169:23, 170:6, 170:9, 170:18, 170:21, 171:4, 171:7, 171:15, 171:20, 172:3, 172:7, 172:16, 172:20, 173:2, 173:6, 173:22, 174:2, 174:12, 174:16, 175:3, 175:7, 175:17, 176:3, 176:4, 176:18, 176:21, 179:12, 179:15, 181:12, 181:13, 181:16, 181:19, 181:25, 182:3, 182:12, 182:14, 182:21, 183:9, 183:14, 183:18, 183:23, 183:24, 184:6, 185:2, 185:11, 185:15, 185:23, 186:4, 186:10, 186:15, 186:24, 187:3, 187:8, 187:13, 188:16, 188:24, 189:4, 189:11, 189:17, 189:21, 189:25, 190:13, 190:17, 192:2, 192:4, 192:5, 192:6, 192:14, 192:24, 193:5, 193:13, 193:20, 193:24, 194:24, 195:2, 195:23, 196:2, 196:7, 196:18, 196:23, 197:4, 197:12, 198:2, 198:5, 198:11, 198:15, 199:2, 199:7, 199:15, 199:20, 200:9, 200:20, 201:15, 201:20, 201:25, 202:5, 202:7, 202:11, 202:22, 203:2, 203:20, 203:25, 204:5, 204:9, 204:23, 205:4, 205:10, 205:18, 206:1,206:6, 206:12, 206:15,
207:4, 207:11, 207:18, 208:5, 208:9, 208:16, 208:20, 209:4, 209:9, 209:16, 209:24, 210:5, 210:14, 210:23, 211:3, 211:8, 211:10, 211:19, 212:1, 212:8, 212:11, 212:20, 212:25, 213:15, 214:7, 214:9, 214:13, 214:24, 215:5, 215:13, 215:18, 216:5, 216:9, 216:10, 216:14, 216:21, 217:6, 217:10, 217:19, 217:23, 218:6, 218:14, 218:24, 219:4, 219:11, 219:17, 219:25, 220:4, 220:13, 220:21, 221:7, 221:19, 222:1, 222:18, 222:20, 222:22, 222:23, 222:24, 223:2, 223:3, 223:10, 223:15, 223:18, 224:2, 224:13, 224:18, 225:3, 226:4 MS [5] - 2:3, 6:23, 21:22, 155:1, 155:4 MSDS [2]- 101:5, 101:19 MSDS's [1]- 101:16 multiple [2] -19:22, 65:19 must [5] - 90:17, 99:8, 127:7, 137:12, 145:24
N
nail [1] - 46:10 name [33] - 6:13, 7:13,
40:24, 47:21,48:22, 49:4, 49:9, 49:14, 57:5, 57:14, 61:18, 61:24, 62:2, 66:25, 70:6, 70:23, 70:24, 85:17, 87:22, 87:25, 88:17, 173:24, 182:17, 183:2, 188:2, 188:6, 188:7, 203:15, 203:16, 205:24, 208:14, 208:24
nameplate [6] - 45:11, 45:20, 45:22, 47:12, 48:5, 48:9
Nameplate............... [1] - 3:6
nameplates [4] 45:25, 47:19, 48:21, 49:7
names [4] - 24:22, 87:7, 88:12, 88:15
narrow [2] - 48:19, 81:13
narrowing [2] - 26:12, 26:23
nature [3] -10:5, 59:10, 206:16
Naval [26] - 4:11, 13:13, 14:3, 18:10, 18:13, 18:16, 18:20, 41:8, 42:9, 42:10, 43:6, 43:20, 83:13, 84:13, 84:23, 85:12, 175:13, 176:13, 190:4, 190:11, 192:1, 194:5, 195:11,203:9, 206:11,224:22
Navy [21] - 4:6, 13:5, 13:21, 15:3, 15:9, 15:15, 15:20, 15:24, 16:4, 41:22, 41:23, 42:4, 42:8, 42:9, 43:5, 43:20, 84:22, 85:6, 85:12, 87:10, 88:13
near [1] -190:24 necessarily [5] - 33:1,
37:4, 117:13, 140:2, 174:4 necessary [5] -10:15, 42:22, 123:14, 148:6, 151:16 need [16] - 35:5, 40:9, 69:8, 83:23, 91:7, 112:25, 130:5, 145:4, 150:24, 173:16, 207:1, 216:12, 225:17, 225:19, 226:8, 226:9 needed [5] - 36:1, 36:16, 36:19, 107:17, 118:9 needs [1] -12:14 never [13] - 42:25, 49:21, 49:23, 71:20, 96:17, 97:10, 101:18, 101:22, 116:14, 178:5, 182:16, 186:18, 222:15
new [5] - 35:25, 37:8, 138:7, 138:11, 158:10
next [10] - 30:13, 33:17, 59:20, 60:1, 60:5, 117:19, 119:3, 155:10, 177:13, 183:7
ninth [1] -122:14 nipple [2] -145:14,
145:18 non [2] -14:12, 17:6 non-asbestos-
containing [1] 14:12 non-responsive [1] 17:6 nonasbestos [1] 178:4 nonetheless [2] 10:9, 68:8 nonprofit [1] -125:12 normal [8] - 37:17, 37:20, 73:3, 93:19, 94:1, 95:11,97:6, 129:24 normally [5] - 47:3, 47:23, 138:5, 164:16, 164:22 Northwestern [1] 38:24 Nos [9] - 5:9, 5:10, 60:16, 102:6, 178:11,210:11, 211:23, 215:3, 219:15 Notary [4] -1:18, 227:6, 227:20, 228:23 Note [2]-134:10, 134:16 note [9] -123:11, 123:13, 134:4, 137:7, 137:11, 139:5, 145:22, 154:13, 206:12 noted [3] - 225:4, 225:8, 228:10 notes [7] -159:5, 159:6, 159:10, 163:23, 203:23, 204:25, 205:1 nothing [5] - 86:9, 106:21, 107:7, 110:25, 162:23 notice [8] - 9:18, 147:4, 147:10, 147:13, 150:17, 193:16, 207:22, 213:24
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
249
Notice [1] - 3:3 noting [1] - 220:16 November [1] - 4:10 number [67] -10:10,
21:13, 41:2, 41:10, 48:1, 48:2, 51:2, 62:15, 62:16, 65:21, 65:23, 65:24, 66:1, 66:6, 67:2, 79:12, 114:22, 115:2, 115:5, 115:7, 115:8, 115:21, 117:9, 117:10, 117:11, 117:21, 119:4, 123:23, 124:18, 124:25, 125:6, 136:6, 147:22, 158:13, 160:25, 161:15, 161:17, 162:24, 167:17, 169:13, 174:22, 174:24, 177:6, 177:8, 177:11, 178:7, 178:9, 179:6, 179:23, 180:22, 183:21, 194:21, 196:24, 197:2, 202:15, 202:18, 203:21,213:11, 214:17, 216:3, 217:8, 222:12 numbered [7] 104:12, 117:18, 129:13, 129:21, 130:23, 151:7, 162:22 numbering [4] 113:24, 119:6, 119:7, 154:18 numbers [24] -114:7, 114:8, 114:9, 114:18, 115:10, 115:12, 117:19, 118:22, 118:23, 127:4, 127:5, 133:13, 154:14, 154:15, 161:8, 161:9, 178:9, 184:9, 195:14, 214:22, 216:7, 216:11, 216:25
O
oath [1] - 7:7 object [152] -15:16,
16:5, 17:13, 17:17, 19:3, 20:1, 23:9, 24:11, 25:5, 26:6, 27:6, 27:20, 28:12, 29:12, 30:2, 32:16,
34:18, 36:11,37:10, 38:5, 38:13, 39:18, 44:1, 46:6, 46:23, 48:7, 48:25, 49:19, 50:13, 51:17, 53:1, 55:5, 55:17, 59:2, 61:12, 62:11,63:19, 64:1, 65:4, 65:13, 66:11, 67:4, 67:12, 68:21, 69:21,71:12, 73:12, 74:16, 76:15, 79:2, 80:1, 81:9, 82:9, 82:22, 83:16, 86:24, 87:19, 89:6, 92:1, 94:4, 94:20, 97:2, 97:12, 98:4, 100:21, 101:13, 102:12, 103:14, 104:19, 105:10, 105:20, 109:8, 110:7, 110:8, 111:11, 112:2, 118:16, 119:18, 121:15, 123:1, 124:1, 124:10, 124:22, 125:9, 130:17, 131:13, 132:1, 132:14, 133:11, 135:17, 136:15, 140:17, 142:13, 143:16, 144:17, 146:18, 150:13, 155:24, 156:14, 160:15, 163:16, 164:7, 167:2, 167:10, 168:17, 168:19, 169:9, 173:22, 174:12, 176:18, 179:12, 181:16, 181:25, 185:2, 185:15, 186:4, 186:15, 188:16, 189:4, 189:17, 192:24, 193:13, 194:24, 195:23, 196:18, 197:4, 198:2, 198:15, 199:15, 200:9, 201:15, 205:10, 207:4, 207:18, 208:9, 209:9, 209:12, 210:23, 211:8, 212:8, 212:20, 213:15, 213:16, 216:5, 216:21,217:23, 218:14, 219:4, 219:25, 220:13, 221:19, 223:15 objection [41] - 37:12,
37:22, 49:11,52:3, 53:15, 61:20, 70:13, 92:10, 95:24, 96:7, 101:21, 103:22, 106:12, 107:4, 107:24, 112:11, 114:2, 114:14, 114:20, 118:6, 118:25, 120:6, 125:19, 128:1, 128:9, 129:1, 134:23, 139:24, 140:22, 141:14, 147:2, 147:24, 148:10, 151:19, 161:4, 162:13, 166:1, 196:16, 208:20, 215:13, 217:10 objectionable [2] 79:5, 202:2 objections [28] -10:2, 10:6, 11:9, 72:22, 73:1,89:14, 106:6, 107:2, 108:14, 108:22, 109:11, 110:15, 116:15, 119:8, 135:8, 144:1, 144:24, 149:1, 169:19, 169:25, 170:11, 170:23, 170:25, 171:11, 171:24, 172:11, 172:24, 214:13 objects [2] - 34:14, 72:24 observed [1] -139:11 obviously [3] -12:15, 110:23, 186:20 occur[2] - 71:1, 150:12 odd [1] -163:3 OF [6]-1:2, 6:1, 227:1, 227:2, 228:1, 228:2 offered [1] -123:25 offering [2] -124:9, 217:21 office [1] - 227:17 Offices [1] - 6:12 officially [1] - 6:2 Oil [12] -4:16, 4:18, 4:21,4:23, 4:24, 5:4, 5:4, 212:5, 215:9, 215:10, 219:21, 219:22 old [4]-57:25, 138:10, 144:10, 144:16 on-and-off [1] - 45:17 on-site [1] - 35:15
once [23] -12:22, 13:14, 14:16, 18:6, 40:6, 41:7, 44:17, 65:17, 84:25, 97:23, 113:2, 133:18, 168:14, 170:2, 170:10, 170:22, 170:24, 171:10, 175:10, 180:21, 196:8, 200:4, 221:14
one [71] -16:23, 18:16, 20:24, 22:22, 24:18, 33:7, 41:1, 41:6, 42:13, 46:2, 47:1, 47:2, 47:5, 47:7, 47:25, 48:1, 50:7, 51:4, 54:5, 59:17, 64:7, 66:7, 67:15, 67:16, 70:1, 70:5, 72:5, 81:12, 82:12, 86:18, 87:13, 88:1, 90:4, 103:1, 106:16, 106:22, 107:8, 109:3, 109:16, 113:9, 124:12, 124:25, 131:19, 143:25, 146:24, 148:16, 148:21, 149:9, 158:3, 165:12, 165:19, 165:22, 168:14, 175:24, 180:18, 186:21, 190:3, 191:2, 192:9, 193:8, 201:12, 202:16, 204:21, 207:25, 218:7, 219:10, 220:10, 220:24, 221:16
One [3]-2:10, 120:3, 120:14
One-and-a-half-inch [1]-120:3
One-Inch [1] -120:14 one-page [1] -158:3 ones [11] - 21:12,
21:14, 31:10, 43:22, 115:13, 116:8, 117:15, 130:10, 138:8, 182:20, 217:16 ongoing [1] -198:20 online [2] - 36:25, 37:2 open [12] - 8:14, 20:4, 23:2, 23:22, 24:20, 60:5, 60:8, 67:17, 78:2, 102:1, 165:6, 166:18 opening [1] -129:10
operated [1] -130:8 operating [9] - 36:9,
44:11, 176:16, 184:23, 185:5, 185:6, 187:7, 205:24, 210:19 Operating [1] - 4:18 operation [7] - 29:2, 32:15, 39:6, 39:16, 39:24, 127:18, 192:20 Operation [6] - 4:20, 4:23, 5:3, 212:3, 215:8, 219:20 operator [3] -188:21, 189:1, 189:5 operators [1] -192:20 opine [3] -142:2, 142:10, 167:25 opportune [1] - 98:10 opportunity[4] -12:6, 12:10, 12:13, 159:24 opposed [5] - 36:23, 63:17, 108:11, 180:16, 207:14 Order [3] - 4:11, 4:14, 4:15 order [13] -10:17, 44:16, 53:7, 53:8, 122:13, 123:23, 124:18, 124:24, 125:6, 137:14, 137:16, 148:7, 226:1 ordered [1] - 211:16 ordering [2] - 52:23, 52:24 Oregon [1] - 2:15 organization [2] 125:12, 187:25 organizations [1] 11:6 organized [3] -18:12, 41:16, 41:18 Original [4] - 5:8, 5:9, 5:10, 5:11 original [14] - 21:10, 21:21, 102:3, 120:22, 130:10, 186:3, 203:24, 205:2, 210:1, 211:22, 215:2, 215:16, 219:14, 226:11 originally [4] -19:13, 67:10, 108:3, 157:19 otherwise [3] - 67:18, 105:2, 178:5 Otto [1] - 4:14 outlined [1] - 80:8 outside [25] -16:3,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
250
24:24, 24:25, 77:5, 106:25, 107:9, 109:14, 109:18, 109:19, 109:23, 110:23, 110:24, 116:3, 121:2, 128:8, 147:3, 147:13, 150:17, 155:23, 182:12, 183:4, 193:15, 220:22, 221:8 outstanding [1] 225:6 overall [5] -15:13, 15:24, 16:2, 74:11, 103:9 overly [44] -16:6, 26:7, 27:7, 29:13, 36:12, 37:13, 38:14, 48:11, 49:1,51:19, 53:2, 62:12, 64:2, 65:14, 66:12, 68:22, 71:13, 73:13, 80:3, 81:10, 87:20, 92:2, 94:21, 101:14, 119:19, 120:7, 121:16, 124:2, 129:1, 130:17, 142:14, 144:18, 146:20, 148:10, 156:15, 160:16, 161:5, 186:5, 188:17, 189:5, 193:14, 207:20, 218:15, 223:16 own [3] -21:2, 150:19, 207:14 owned [1] - 41:21
P
P.C [1] -2:13 p.m [17] -1:21, 60:15,
60:19, 81:21,81:24, 98:21, 98:22, 98:24, 102:5, 102:8, 154:4, 154:8, 210:9, 210:13, 226:21, 226:22 P.S [1] - 2:6 package [1] -102:1 packaged [3] - 29:11, 35:15, 68:20 Packaged [4] - 4:22, 5:3, 215:7, 219:19 packets [1] - 67:18 packing [4] -13:4, 13:12, 13:20, 14:2 Page [4] - 2:23, 3:2, 4:2, 5:2 page [218] - 9:4, 18:7,
20:9, 20:16, 20:20, 21:19, 22:10, 23:23, 30:14, 35:1,40:3, 40:7, 42:2, 49:25, 50:1, 50:25, 51:7, 60:24, 61:7, 61:9, 69:2, 70:21, 72:10, 72:17, 73:18, 74:24, 77:8, 77:20, 78:9, 78:13, 83:2, 83:5, 85:17, 88:21,90:12, 90:16, 91:4, 92:22, 94:13, 94:24, 95:5, 95:21, 96:10, 96:13, 97:20, 99:3, 99:11, 99:12, 102:16, 103:23, 104:3, 104:9, 104:11, 104:12, 104:13, 112:17, 112:18, 113:1, 113:19, 113:22, 114:13, 117:12, 117:20, 117:24, 117:25, 118:23, 119:12, 120:1, 120:12, 120:18, 121:8, 122:2, 122:18, 123:7, 123:12, 123:18, 123:24, 124:7, 126:14, 127:1, 127:2, 127:3, 127:4, 127:5, 127:7, 127:21, 128:13, 129:13, 129:18, 129:21, 130:22, 130:23, 131:1, 132:12, 133:8, 133:18, 134:2, 134:6, 134:20, 137:5, 137:7, 137:19, 138:17, 139:12, 139:22, 143:11, 144:6, 145:7, 146:1, 146:7, 147:19, 147:22, 148:2, 148:9, 148:20, 148:21, 149:16, 151:5, 151:7, 151:24, 152:7, 152:13, 152:17, 153:12, 154:15, 155:9, 155:14, 155:21, 155:22, 156:5, 156:10, 157:2, 157:12, 157:15, 158:3, 158:11, 159:3, 160:6, 160:24, 160:25, 161:19, 161:24,
162:3, 162:4, 163:3, 166:6, 167:7, 167:17, 168:15, 169:7, 169:15, 170:3, 170:14, 171:1, 171:11, 171:25, 172:13, 172:25, 176:5, 177:13, 178:14, 179:9, 181:1, 181:11, 181:15, 190:6, 190:7, 190:9, 192:15, 193:18, 194:9, 194:22, 195:21, 196:17, 197:3, 199:12, 200:24, 203:15, 203:16, 209:18, 210:22, 211:11, 211:14, 212:7, 212:13, 212:15, 213:2, 213:12, 214:11, 214:12, 215:16, 215:19, 216:4, 218:25, 219:1, 220:25, 221:15, 221:17, 222:4, 222:19, 222:21, 228:11 pages [11] -155:11, 156:20, 157:11, 157:23, 165:8, 166:8, 166:9, 168:22, 190:2, 202:13, 206:9 paid [7] -191:7, 191:9, 191:15, 191:16, 191:22, 191:24, 192:10 Palms [2] - 2:16, 7:5 paper [1] - 204:13 papers [3] -157:5, 163:8, 204:4 paragraph [23] 20:21, 22:12, 22:14, 30:13, 127:12, 129:21, 129:23, 135:18, 136:4, 137:19, 137:21, 144:5, 144:8, 145:8, 146:6, 146:10, 146:11, 147:20, 149:15, 152:16, 195:21, 196:1, 209:17 paragraphs [1] 151:25 Paralegal [1] - 2:18 parallel [2] - 9:23 parentheses [1] -
182:7 part [119] -16:15,
16:17, 17:2, 17:21, 18:21, 19:7, 19:9, 22:24, 39:21,40:19, 45:19, 54:5, 56:3, 62:15, 62:16, 65:21, 65:23, 65:24, 66:1, 66:6, 67:2, 74:10, 75:22, 76:11,76:24, 108:2, 114:7, 114:8, 114:9, 114:15, 114:18, 114:22, 115:2, 115:5, 115:7, 115:10, 115:12, 117:9, 117:18, 117:21, 119:11, 119:22, 119:25, 120:12, 120:18, 121:21, 122:14, 122:20, 123:7, 123:23, 124:18, 124:24, 125:5, 125:15, 126:15, 127:18, 129:17, 133:13, 133:14, 147:23, 149:3, 156:25, 157:1, 161:2, 161:8, 161:9, 161:15, 161:17, 161:25, 167:21, 168:2, 169:14, 169:15, 174:22, 174:24, 175:13, 176:1, 177:6, 177:8, 177:11, 178:7, 178:9, 179:6, 179:23, 180:21, 180:24, 181:6, 181:8, 184:24, 191:1, 194:17, 195:14, 195:21, 196:5, 196:13, 196:24, 197:2, 199:13, 203:5, 208:4, 213:10, 213:11,214:8, 214:17, 214:22, 215:21,215:24, 216:2, 216:3, 217:8, 218:19, 218:21, 220:12, 221:18, 222:12, 225:21, 226:13 particular[63] -15:20, 16:16, 17:11, 17:12, 18:4, 19:2, 21:17, 27:23, 28:20, 30:10, 31:9, 31:13, 32:1, 32:14, 33:6, 33:18, 36:16, 41:7, 41:14,
BROWN & JONES REPORTING, INC.
42:13, 42:24, 46:2, 47:5, 47:10, 50:18, 51:1, 51:16, 52:6, 53:18, 54:5, 54:10, 54:20, 56:24, 60:24, 61:19, 62:10, 66:24, 66:25, 67:2, 70:22, 75:9, 75:13, 75:17, 76:5, 76:19, 77:6, 79:20, 87:16, 106:1, 113:22, 116:3, 118:9, 118:18, 121:1, 126:22, 129:3, 136:8, 149:7, 156:16, 185:1, 197:9, 218:4 parties [1] - 227:13 parts [64] -13:3, 13:11, 13:20, 14:1, 15:14, 16:3, 18:9, 19:9, 19:12, 19:13, 19:17, 22:22, 25:15, 30:16, 30:19, 52:12, 52:17, 52:23, 52:24, 53:7, 53:14, 54:1, 54:7, 54:19, 56:17, 66:17, 71:24, 94:2, 94:5, 94:15, 113:22, 113:23, 115:17, 115:19, 116:7, 116:11, 116:14, 116:19, 117:1, 117:5, 117:11, 118:21, 123:14, 127:20, 136:12, 136:16, 136:19, 155:10, 155:15, 156:8, 156:11, 156:12, 184:22, 185:5, 194:3, 195:17, 201:11, 209:2, 211:15, 217:13, 217:21, 222:6, 223:23 Parts [7]-3:15, 4:21, 4:23, 5:3, 212:4, 215:8, 219:20 Pass [1] - 64:21 passage [1] - 222:25 passed [3] - 88:1, 186:25, 206:22 passing [2] - 206:18, 206:23 past [7]-76:8, 102:21, 102:23, 157:16, 160:21, 162:11, 214:2 paying [1] -126:11 pen [2] -131:3, 131:5 pending [1] - 6:8
JOHN F. TORNETTA, 09/14/2012
251
Pennsylvania [1] - 8:6 people [9] - 46:17,
46:19, 52:17, 53:24, 86:22, 87:2, 106:20, 142:5, 155:17 per [3] - 50:9, 50:21, 192:5 percentage [1] - 25:18 perform [4] - 89:12, 139:22, 143:14, 144:23 performed [2] - 33:11, 138:18 perhaps [2] -19:23, 167:18 period [8] - 36:13, 45:21, 95:18, 130:13, 131:17, 198:1, 198:4, 200:13 periods [5] - 39:23, 54:23, 55:12, 77:14, 77:16 perpetrated [1] 157:25 person [10] -10:8, 10:20, 52:21,53:23, 106:1, 106:19, 135:10, 141:18, 141:23, 208:25 personal [4] - 39:8, 52:20, 150:19, 227:10 personally [2] - 27:18, 138:18 personnel [1] - 37:7 pertain [3] -18:2, 44:10, 50:10 pertaining [6] -17:12, 18:7, 40:13, 143:12, 169:18, 224:21 pertains [1] -11:15 phone [1] - 86:1 photographic [1] 203:18 physical [1] -193:10 physicians [1] -14:14 Pi [1] -121:18 pick [1] - 46:1 picked [2] - 32:25, 33:2 picky [2] - 69:23, 139:4 picture [1] - 45:10 piece [1] - 93:10 pieces [2] - 93:13, 204:13 pile [1] - 43:18 piles [1] - 86:4 pins [1] -138:3 place [18] -6:11, 29:9,
37:21, 41:7, 47:17, 52:24, 52:25, 55:3, 72:19, 77:1,86:6, 88:3, 92:16, 138:12, 138:25, 144:12, 150:12, 183:5 placing [1] -153:1 Plaintiff [3]-1:15, 6:22, 6:24 Plaintiff's [3] - 204:25, 206:14, 225:5 Plaintiffs [2] -1:7, 2:5 Plaintiffs' [4] - 3:4, 3:6, 3:9, 3:11 plaintiffs' [1] - 6:19 planning [1] - 59:24 plant [2] - 31:16, 198:8 Plate [1] -180:7 plate [9]-46:21, 47:1, 47:24, 48:8, 48:10, 48:13, 180:3, 180:10, 180:14 plate-head [1] -180:3 Plate-head-front [1] 180:7 plates [2] - 48:21, 49:8 plenty [1] -103:11 PLLC [2] -2:2, 2:18 Plumbing [2] - 208:8, 208:12 pneumatic [4] -141:2, 141:12, 142:11, 143:1 point [11] - 9:14, 12:8, 24:16, 59:23, 59:25, 83:24, 176:3, 185:20, 197:20, 224:13, 225:25 pointed [2] - 31:17, 156:23 policies [2] - 53:12, 56:17 policy [2] - 24:3, 54:18 Polzin [1] - 4:15 portion [4] - 7:23, 17:6, 128:14, 187:16 portions [1] -187:19 Portland [1] - 2:15 posed [1] - 100:6 poses [1] - 99:19 position [12] - 7:19, 9:21, 10:7, 68:15, 107:5, 140:9, 142:10, 142:21, 147:3, 150:16, 164:20 positioning [1] 145:19 positions [2] - 8:11,
57:22 possession [3] - 75:8,
76:10, 77:7 possibility [3] - 218:3,
218:5, 219:2 possible [10] - 51:13,
78:24, 123:13, 139:21, 141:11, 143:14, 209:23, 213:25, 217:17, 217:20 possibly [8] - 26:17, 70:1,75:11, 116:11, 143:10, 155:17, 155:20, 209:11 post [2] -115:20, 128:5 post-market [1] 115:20 potential [6] - 31:12, 75:24, 76:13, 100:6, 135:14, 207:12 potentially [1] - 94:15 pound [7] - 51:4, 177:4, 182:7, 215:25, 216:20, 217:9, 219:3 pounds [4] - 50:8, 50:21, 118:1, 126:11 pour [1] -164:19 poured [1] -164:18 Power [1] -190:4 power [1] -144:22 practical [1] -10:10 practice [11] -18:23, 18:24, 18:25, 54:22, 71:2, 71:3, 71:24, 90:17, 143:11, 164:13 practices [2] - 53:12, 56:16 preceding [1] -167:16 predecessor [1] - 57:6 prefer [1] - 63:8 preference [1] - 90:1 prefix [2] -117:9, 154:18 prepared [5] - 29:19, 127:25, 136:5, 187:22, 204:19 presence [1] - 58:5 present [3] -18:24, 58:25, 88:7 presented [1] -157:15 presently [1] - 44:11 president [1] - 57:23 Press [1] -145:15 pressing [3] - 90:3, 90:6, 213:23 pressure [2] -108:7,
176:11 pressures [1] - 22:19 presumably[1] -
166:8 presumption [1] -
166:8 pretty[3] - 24:20,
67:15, 184:19 prevents [1] -127:15 previous [6] - 54:17,
82:2, 143:18, 158:16, 168:19, 194:6 previously [8] - 9:24, 30:9, 74:2, 83:14, 89:1, 109:11, 158:2, 160:20 price [2] -190:14, 193:6 Price [1] -190:24 printed [1] -110:4 printout [2] - 44:16, 84:25 privileged [2] - 68:5, 83:17 privileges [1] - 21:25 Probandt [1] - 4:8 Procedure [1] -1:16 procedure [2] - 38:4, 54:19 procedures [6] 53:13, 56:17, 108:20, 109:2, 147:6, 147:8 proceed [1] -10:16 proceeding [1] -144:9 Proceedings [1] 226:22 proceedings [1] 228:7 PROCEEDINGS [1] 6:1 process [8] - 29:5, 29:8, 30:15, 40:19, 75:12, 139:12, 139:19, 150:12 produced [16] - 25:13, 26:15, 26:21,53:6, 65:6, 65:11, 114:10, 114:24, 116:8, 116:9, 133:23, 184:5, 187:17, 190:3, 204:13, 224:25 producing [1] -10:17 product [67] - 7:24, 8:1, 17:3, 21:25, 31:13, 32:25, 33:2, 33:8, 33:20, 38:16, 47:14, 58:14, 61:19,
CM CM
CO
p?
CO
CO CO CO CO
oo ooCM
CM
CO CM
o' 'cm
62:10, 66:23, 67:10, 70:5, 70):6, 71:4, 74:9, 75i:16, 76:11, 76:21, 77:11,79:13,
i:10, 94:18, 120:2, 120:5, 120:13, 120:19, 121:22, 122:3, 122:15, 123:8, 125:17, 126:6,
131:12, 132:10, 132:13, 132:20, 133:10, 133:20, 160:9,
179:19, 181:14, 181:22, 183:4, 196:24,
200:4, 200:8, 200:12,
200:17, 200:23, 207:9, 208:2, 216:17, 217:2, 217:12, 221:24 production [10] 11:16, 50:8, 61:5, 76:6, 88:24, 154:16, 154:23, 154:24, 225:6, 226:3 Production [10] - 3:4, 3:7, 3:9, 3:11,51:11, 75:1, 75:6, 75:20, 77:8, 77:20 productions [1] 11:20 productive [2] - 9:20, 10:17 products [39] -12:21, 14:13, 23:5, 23:6, 30:22, 35:25, 41:6, 58:16, 70:1,70:6, 72:7, 73:4, 75:17, 75:22, 80:13, 93:13, 93:20, 94:2, 94:6, 94:9, 94:10, 94:12, 94:14, 95:12, 97:7, 101:12, 101:16, 110:14, 122:10, 123:25, 124:9, 124:16, 124:17, 124:20, 125:8, 126:7, 126:8, 126:10, 201:22 professional [3] 28:4, 28:9, 152:4 Professional [2] 1:17, 227:6 professionally [1] 110:5 profit [1] -125:8
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
252
progress [2] -210:19, 211:15
Progress [1] - 4:18 projection [1] -145:14 prominently [1] - 47:4 proper [3] - 63:6,
111:8, 188:13 properly [4] -19:21,
23:11, 137:2, 156:18 properties [2] -
153:18, 163:4 property [1] -163:15 Proposal [1] - 4:10 proposal [1] -190:6 propose [1] -159:21 propounded [2] -
9:25, 11:20 propulsion [3] -
50:12, 50:16 protect [5] -93:12,
95:7, 96:25, 97:11, 153:6 protecting [1] 129:14 Provance [9] - 57:5, 57:6, 57:9, 57:17, 57:25, 58:3, 58:10, 72:4, 72:6 provide [27] -12:3, 14:25, 25:17, 25:21, 25:23, 26:1,26:2, 32:7, 51:25, 60:9, 69:18, 74:13, 74:19, 78:3, 79:24, 100:18, 109:7, 109:13, 119:16, 127:24, 131:5, 159:22, 166:19, 183:10, 189:14, 189:21, 204:2 provided [44] -15:4, 24:21, 28:21,31:22, 65:23, 73:9, 75:10, 78:15, 79:20, 96:9, 97:25, 109:10, 109:22, 110:2, 110:13, 110:19, 115:13, 115:14, 119:21, 119:23, 121:6, 128:7, 129:5, 131:20, 160:20, 165:12, 177:11, 184:23, 188:9, 188:12, 191:1, 193:21,202:8, 202:14, 203:8, 203:18, 204:6, 206:2, 206:9, 209:25, 211:20, 217:14, 219:12,
226:16 provides [1] -127:16 providing [4] - 31:7,
75:12, 109:5, 111:23 PSNS [1]-75:14 Public [4] -1:18,
227:6, 227:20, 228:23 publish [1] - 217:21 Pugent [1] - 224:22 Puget [10] -13:12, 14:2, 18:9, 18:13, 18:16, 18:20, 83:13, 84:13, 85:12, 87:9 pulled [1] -175:12 pulling [2] - 144:20, 145:5 pulp [6] - 129:14, 129:16, 152:22, 152:24, 153:2, 153:5 purchase [12] - 66:15, 71:18, 124:20, 125:6, 126:10, 190:14, 201:7, 201:10, 222:8, 222:10, 222:11 Purchase [2] - 4:14, 4:15 purchased [8] - 23:1, 69:11, 69:13, 69:19, 70:11, 193:2, 201:14, 223:22 purchaser [1] - 208:13 purchasers [1] - 93:12 purchases [3] - 23:21, 66:10, 74:3 purchasing [2] 23:24, 24:1 purports [1] - 213:19 purpose [6] - 32:14, 105:17, 111:7, 134:20, 135:13, 156:12 purposes [2] - 50:12, 50:16 pursuant [1] -1:16 put [14] - 18:5, 29:22, 30:6, 63:18, 70:23, 86:10, 105:2, 136:8, 162:21, 163:1, 165:15, 192:11, 221:11,223:8 puts [1] -136:22 putting [4] - 36:24, 37:1, 71:5, 86:15
Q
quadrant [4] -184:8, 196:9, 196:25,
197:16 qualification [3] -
12:4, 68:12, 100:13 qualified [4] -141:20,
141:24, 142:2, 147:17 qualify [2] -12:2, 104:23 quantities [1] -196:22 Quarter [1] -119:14 quarter [6] -122:4, 133:19, 144:11, 144:16, 145:12, 146:16 Quarter-inch [1] 119:14 quarter-inch [6] 122:4, 133:19, 144:11, 144:16, 145:12, 146:16 questioner's [1] 223:6 questioning [8] - 60:2, 89:22, 98:18, 147:6, 169:18, 199:4, 213:17, 214:1 questions [16] - 20:18, 35:7, 40:10, 69:6, 78:19, 83:8, 103:11, 103:21, 113:2, 113:21, 114:2, 160:3, 189:10, 198:25, 205:5, 205:6 quickly [1] -126:21 quiet [1] -113:8 quite [13] - 26:12, 27:9, 71:17, 112:6, 117:16, 125:23, 140:3, 142:17, 158:12, 163:2, 164:21, 167:15 Quotation [1] -173:8 quotation [1] -192:17 quote [1] - 209:8 quotes [5] - 70:3, 209:2, 209:7, 209:14, 209:15
R
r" [1] -121:18 Racoma [1] - 6:9 range [1] - 90:1 rather [1] -168:21 re [6]-70:18, 70:20,
71:4, 71:6, 71:24, 72:7 re-label [2] - 70:18, 71:24 re-labeled [1] - 72:7
re-labeling [3] - 70:20, 71:4, 71:6
reaching [2] -144:19, 145:4
read [52] - 20:21, 22:9, 22:11, 30:12, 35:3, 35:5, 35:6, 40:7, 51:10, 69:5, 72:12, 73:19, 73:20, 73:22, 73:23, 78:17, 79:11, 91:7, 91:9, 92:24, 95:1, 99:5, 99:15, 99:16, 123:11, 123:17, 127:12, 129:20, 134:3, 137:7, 137:18, 139:12, 139:19, 144:8, 145:8, 146:6, 146:12, 147:20, 149:16, 149:20, 151:8, 151:12, 151:25, 152:16, 165:2, 182:4, 209:17, 211:13, 216:17, 222:25, 223:9, 228:6
reader's [1] -135:14 reading [2] -103:6,
134:8 reads [1] - 212:24 ready [3] -113:4,
113:15, 159:15 reaffixed [1] -138:7 realize [1] - 76:8 really [7] - 50:20,
82:15, 86:18, 140:10, 191:4, 207:21,216:12 Rear [4] - 3:13, 3:16, 102:17, 112:13 rear [36] - 49:15, 106:8, 111:9, 111:24, 112:15, 118:14, 121:2, 127:10, 128:15, 128:19, 129:7, 130:4, 130:15, 131:2, 136:12, 137:13, 138:8, 138:22, 139:2, 142:9, 142:25, 148:7, 149:12, 151:14, 152:10, 156:18, 156:22, 164:1, 164:3, 164:5, 164:13, 178:25, 180:16, 195:9, 195:10, 218:18 reason [11] - 55:21, 105:1, 109:20,
112:5, 112:9, 125:24, 126:5, 140:7, 162:19, 191:23, 192:8 reasonable [1] - 43:2 reasons [4] -10:12, 30:25, 79:4, 223:24 Recall......[1] - 4:17 recalling [1] -140:1 receive [1] -184:24 received [6] - 96:15, 96:17, 100:15, 110:22, 111:2, 111:4 recent [1] - 46:8 recently [1] - 46:15 receptacles [1] - 30:8 Recess [3] - 60:17, 154:5, 210:10 recess [1] - 98:22 recognize [5] 159:20, 165:13, 183:15, 183:24, 188:7 recognizing [3] - 92:4, 114:13, 182:22 recommendations [1] - 209:20 record [54] - 6:3, 9:14, 15:8, 16:17, 19:8, 23:20, 25:25, 44:24, 54:16, 54:19, 55:15, 60:14, 60:19, 75:15, 76:4, 77:3, 81:20, 81:22, 81:24, 83:21, 85:18, 94:11,96:4, 97:9, 98:19, 98:20, 98:24, 99:25, 101:23, 102:2, 102:4, 102:8, 103:3, 121:24, 154:4, 154:8, 154:19, 156:7, 159:9, 175:18, 175:24, 199:6, 203:20, 205:3, 210:8, 210:13, 224:19, 225:4, 226:6, 226:10, 226:13, 226:19, 226:20 recorded [1] - 227:8 recording [2] - 81:17, 210:4 records [65] -15:5, 16:1, 16:12, 16:21, 16:25, 17:10, 17:22, 17:23, 18:15, 18:19, 18:22, 19:10, 23:24, 24:2, 24:14, 24:21, 24:25, 25:1,40:13, 40:18, 41:10, 41:11,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
253
41:13, 52:7, 53:6, 53:17, 54:2, 54:3, 54:4, 54:7, 54:13, 54:24, 55:9, 55:10, 56:3, 66:9, 66:15, 69:13, 71:16, 72:2, 72:3, 74:3, 74:5, 75:11, 75:13, 75:14, 76:8, 76:22, 76:24, 77:24, 79:12, 85:1, 85:3, 109:16, 174:11, 185:21, 201:6, 204:2, 206:9, 222:2, 222:7, 222:8, 222:10, 222:11 redesignate [1] 157:23 reduced [1] - 227:9 reels [3] -115:12, 116:8, 117:6 refer [19] - 25:14, 31:11, 35:24, 46:16, 47:23, 62:8, 65:2, 65:21, 100:11, 103:8, 111:18, 122:23, 128:3, 133:25, 136:25, 176:9, 191:19, 198:13, 213:13 reference [29] -52:11, 64:11, 66:23, 94:8, 94:11, 101:11, 103:25, 119:11, 122:20, 123:7, 135:19, 157:14, 161:20, 177:16, 177:18, 179:2, 180:22, 181:22, 182:1, 182:8, 183:21, 186:14, 194:17, 195:14, 195:17, 196:10, 213:14, 222:19 referenced [16] -12:7, 23:22, 49:7, 50:24, 64:25, 66:1, 146:6, 176:2, 178:13, 178:22, 179:9, 194:6, 197:15, 199:12, 200:23, 223:4 references [9] - 65:5, 65:10, 65:18, 65:19, 65:25, 66:7, 96:1, 184:8, 200:4 referencing [7] 44:25, 66:18, 69:24, 69:25, 87:15, 161:23, 197:10 referred [8] - 25:1,
26:14, 27:16, 35:22, 61:25, 63:9, 67:9, 147:19 referring [23] -11:19, 21:3, 21:11, 21:17, 27:5, 33:23, 50:3, 62:8, 62:14, 65:5, 70:5, 91:18, 94:9, 94:11, 116:2, 118:22, 119:25, 129:12, 129:17, 159:18, 177:7, 190:15, 194:8 refers [9] - 65:1, 69:23, 94:17, 119:12, 124:25, 131:18, 156:6, 175:20, 177:3 refine [3] - 24:23, 82:1, 82:2 reflect [1] - 203:21 reflected [2] - 55:15, 96:3 Refractories [1] 131:25 refractories [1] 111:24 refractory [41] - 34:12, 61:19, 62:10, 62:20, 62:24, 63:1,63:10, 72:21, 106:9, 106:18, 106:21, 111:9, 112:14, 112:15, 118:14, 120:25, 130:4, 130:10, 130:15, 135:15, 135:19, 136:13, 137:12, 137:15, 137:25, 138:4, 138:5, 138:10, 138:14, 138:22, 139:2, 139:5, 139:6, 139:20, 142:8, 143:13, 149:12, 153:9, 164:14, 197:25, 218:18 Refractory [6] - 3:13, 3:16, 102:18, 182:6, 213:4, 220:8 refractory-type [1] 106:21 regard [4] - 73:6, 93:21, 99:22, 207:10 regarding [24] -11:8, 14:25, 20:18, 20:19, 24:8, 25:10, 51:25, 52:8, 53:12, 56:16, 58:4, 68:1, 69:18, 74:3, 74:14, 77:23,
113:21, 139:19, 173:10, 190:8, 203:8, 204:13, 205:22, 222:3 Regarding [1] - 4:17 regardless [2] -66:1, 66:4 Registered [2] -1:17, 227:5 regular [1] - 224:9 REICHLE [2] - 1:17, 227:5 Reichle [1] - 6:16 reiterates [1] - 77:21 related [28] - 7:25, 15:2, 15:10, 16:13, 38:11, 41:12, 72:19, 73:2, 75:17, 76:19, 81:4, 93:14, 93:18, 95:8, 95:10, 96:18, 96:19, 96:21,96:25, 97:5, 97:11, 97:18, 114:2, 116:9, 157:12, 164:18, 176:11, 206:20 relates [1] - 213:20 Relating [1] - 4:5 relating [2] -101:19, 214:5 relation [7] -18:14, 53:5, 76:1, 76:3, 101:16, 117:17, 206:10 relative [2] - 227:12, 227:13 relevance [1] - 214:1 rely [1] -154:21 relying [2] - 67:8, 68:2 remain [2] -185:13, 186:2 remaining [1] -198:23 remains [2] - 96:20, 96:23 remember [3] - 57:18, 64:5, 138:24 remembers [1] - 85:23 remind [1] -122:25 removal [5] - 137:22, 137:24, 138:14, 139:20, 143:12 remove [5] -141:11, 142:12, 144:15, 164:13, 165:8 removed [5] -137:12, 137:13, 137:25, 142:25, 223:23 removing [1] -144:10 render [1] - 209:21 renewing [1] -107:22 reopen [1] - 224:23
rep [1] -186:13 repair [12] -106:8,
111:8, 111:24, 112:14, 112:15, 114:19, 118:14, 136:13, 137:13, 149:12, 164:5, 211:15 Repair[2] - 3:13, 102:18 repairing [2] - 107:22, 108:20 repairs [1] -123:15 repeat [1] -199:22 repeatedly [1] - 219:7 rephrase [1] - 84:9 replace [5] -118:13, 118:14, 138:15, 142:8, 144:13 replaced [3] -130:5, 137:16, 138:7 Replacement [2] 3:13, 102:18 replacement [29] 13:3, 13:11, 13:19, 14:1, 15:14, 16:3, 16:15, 18:9, 19:13, 51:14, 52:1,52:9, 53:13, 54:9, 71:11, 106:8, 111:17, 111:24, 112:14, 112:15, 115:4, 130:16, 135:15, 136:13, 144:9, 149:13, 201:7, 211:15, 218:18 replacing [4] -137:15, 140:4, 140:7, 164:14 report [4] -188:1, 193:3, 204:15, 204:18 Report [8] - 4:4, 4:9, 4:16, 4:16, 4:17, 173:9, 174:5 reporter [24] - 6:15, 6:19, 20:3, 45:4, 59:22, 89:18, 98:12, 101:25, 131:5, 157:21, 159:22, 165:5, 166:18, 175:4, 183:10, 198:19, 202:23, 204:1,211:22, 214:3, 215:1, 219:13, 225:12, 226:15 REPORTER [1] 224:16 Reporter [9] -1:17, 8:14, 60:8, 78:2,
102:2, 199:2, 199:3, 224:14, 227:6 Reporting [1] - 6:15 reports [3] -187:18, 187:19, 187:21 represent [8] - 6:18, 123:24, 132:8, 168:11, 169:25, 170:12, 171:1, 172:8 representation [6] 132:23, 197:8, 199:18, 199:24, 221:8, 221:12 representative [8] 38:23, 38:24, 39:9, 39:15, 45:22, 188:7, 205:21,211:17 representatives [11] 38:8, 38:10, 39:13, 155:17, 155:18, 184:19, 186:1, 189:13, 193:12, 204:20, 205:7 represented [5] 148:8, 163:9, 197:19, 205:6, 221:4 reps [4] - 38:3, 39:4, 39:22, 185:13 Request [4] - 51:10, 75:1, 75:5, 77:8 request [7] -12:12, 12:15, 76:5, 77:20, 88:23, 158:22, 205:17 Requested [1] -165:2 requested [1] - 224:20 requests [9] -10:2, 11:16, 11:19, 61:5, 79:12, 80:7, 88:9, 184:24 Requests [5] - 3:4, 3:7, 3:9, 3:11,75:20 require [3] - 63:24, 130:16, 140:6 required [10] - 30:10, 32:1, 33:21,36:15, 118:13, 118:19, 121:13, 123:23, 144:23, 177:2 requirements [3] 30:24, 80:7, 182:23 research [2] - 185:25, 207:14 reservation [1] - 225:1 reserve [1] - 224:23 respect [12] - 34:7, 56:11, 60:11,65:7, 78:23, 79:19, 133:7, 141:22, 147:9, 147:10, 151:17,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
254
169:19 respectful [2] - 59:9,
59:14 respectfully [1] - 55:2 respecting [1] - 46:3 respond [1] - 26:22 responded [1] -124:3 responding [1] -
187:5 Response [1] - 84:20 response [37] -14:10,
21:16, 23:22, 30:13, 40:8, 41:14, 51:11, 59:19, 75:2, 75:5, 75:20, 77:22, 78:19, 80:8, 83:7, 83:11, 88:23, 91:7, 92:25, 93:11, 93:17, 94:12, 95:2, 95:9, 95:14, 95:17, 95:20, 96:1, 96:2, 96:10, 96:13, 96:16, 97:16, 98:1, 98:7, 99:6, 99:21 Responses [1] - 84:9 responses [5] -10:20, 21:20, 69:6, 78:14, 83:15 responsibility [1] 38:11 responsive [3] -17:6, 75:7, 77:7 rest [2] -67:17, 185:21 restricted [1] - 50:6 result [2] -146:16, 209:22 resume [1] - 225:16 retain [1] - 226:11 Retained [1] - 5:9 retains [1] -127:14 retention [1] - 24:3 retired [2] - 57:5, 57:23 Rev [2] - 212:16, 215:17 revenue [1] -15:13 revenues [4] -13:18, 13:25, 15:22, 18:8 review [18] -12:6, 20:14, 55:25, 56:3, 61:4, 69:8, 78:14, 90:15, 90:18, 90:20, 113:3, 117:12, 154:11, 175:9, 175:10, 182:11, 182:23, 194:1 reviewed [3] -12:6, 81:3, 82:19 reviews [1] -161:14 revise [1] - 96:6 Revised [1] - 220:3
Rexroat [1] - 208:24 ridiculous [2] -198:7,
220:20 right-hand [15] -
123:12, 134:12, 134:17, 137:20, 144:5, 152:17, 153:12, 154:14, 156:5, 184:8, 195:7, 195:13, 197:15, 202:19, 212:7 rise [1] - 85:7 RIZZO [1] - 2:13 rod [2] -151:13, 151:18 Roland [1] - 6:7 ROLAND [1]- 1:5 role [4]-32:2, 57:16, 65:3, 214:6 room [1] -164:18 rope [3] - 26:18, 122:6, 153:7 Rope [3] -122:4, 122:17, 123:10 rose [1] -126:18 rotary [1] - 86:1 roughly [2] - 91:21, 128:5 row [1] -197:3 Rule [1] -1:16 rules [1] -198:24 run [6] - 80:18, 81:5, 102:24, 104:24, 105:7, 105:12 rush [1] -159:13 rusted [1] -144:13
S
S-nothing [1] -162:23 safety [10] - 73:3,
93:18, 93:25, 95:10, 96:22, 97:5, 101:8, 101:10, 207:2, 207:16 Sale [1] - 4:11 sale [20] -12:19, 13:1, 13:9, 17:2, 17:3, 19:9, 52:24, 54:8, 54:20, 55:14, 94:3, 115:20, 123:25, 124:9, 185:14, 186:3, 186:12, 207:3, 207:17 sales [28] -13:19, 13:25, 15:13, 15:21, 15:23, 16:2, 16:22, 17:10, 17:14, 17:16, 18:3, 18:4, 18:8, 18:12, 19:1, 19:16,
25:1,45:1, 51:25, 52:7, 54:2, 55:11, 66:9, 66:14, 74:6, 77:24, 156:8 Sam's [1] - 22:5 satisfy [1] - 213:25 saw [3] -129:18, 142:19, 159:6 scanned [2] - 91:1, 91:9 schematic [1] - 45:13 Schmidt [1] -173:10 school [4] - 8:3, 8:4, 8:5, 8:7 School [1] - 8:6 scope [8] - 9:16, 17:7, 147:4, 147:9, 147:13, 150:17, 175:20, 193:15 screening [1] -14:13 screwed [2] - 34:15, 34:21 screws [1] -144:12 seal [3] -152:25, 153:8, 227:17 sealed [1] -156:18 seams [1] - 145:20 search [11] - 41:4, 41:6, 42:18, 43:21, 43:22, 43:24, 84:11, 84:12, 84:19, 87:7, 89:13 searched [1] - 41:3 Seattle [3] -2:4, 2:7, 2:11 second [43] - 9:4, 11:4, 20:21, 22:12, 112:17, 112:18, 113:9, 113:19, 114:12, 117:25, 120:1, 120:17, 121:8, 123:18, 123:24, 124:7, 126:14, 129:20, 145:19, 147:22, 157:11, 157:22, 160:24, 160:25, 161:19, 161:23, 161:24, 162:1, 179:9, 179:17, 181:10, 190:6, 194:22, 195:20, 196:16, 197:2, 197:3, 203:15, 209:17, 212:15, 215:15, 216:15 Second [1] - 3:9 seconds [1] - 201:18 section [22] - 20:16, 128:22, 131:2,
134:5, 134:17, 135:19, 136:5, 136:20, 211:13, 213:2, 213:4, 213:6, 215:19, 215:21, 216:15, 218:25, 220:5, 220:8, 220:25, 221:15, 222:4 sections [2] - 209:13, 209:14 see [69] -15:21, 16:14, 16:25, 19:16, 24:21, 26:16, 27:11,31:11, 45:14, 55:8, 55:10, 59:5, 63:9, 64:6, 64:14, 71:15, 79:18, 88:17, 95:13, 103:25, 106:15, 114:24, 117:14, 118:3, 119:22, 120:9, 120:23, 121:5, 122:20, 126:22, 127:7, 131:22, 132:5, 133:14, 133:16, 134:1, 136:7, 138:20, 145:1, 145:12, 146:1, 148:3, 148:14, 150:5, 158:14, 161:20, 163:3, 173:25, 174:19, 175:2, 176:24, 177:11, 179:4, 179:18, 180:8, 184:1, 185:21, 188:5, 192:21, 194:15, 194:20, 195:14, 199:9, 200:13, 209:2, 213:6, 215:25, 216:7, 220:8 See [1] - 72:22 seeing [7] - 53:18, 54:12, 54:14, 142:20, 160:18, 160:21, 194:16 seek [1] - 43:17 seem [1] -157:17 segment [1] -168:12 segueing [1] - 59:18 sell [3]-71:10, 94:14, 124:4 selling [3] - 216:19, 217:7, 219:3 sense [6] -15:24, 43:4, 44:4, 77:10, 77:13, 79:14 sent [3] - 62:5, 85:3,
155:23 sentence [1] - 223:9 separates [1] -180:19 separation [1] -
209:21 September [8] -1:20,
4:7, 4:8, 6:4, 212:18, 227:9, 227:18, 228:7 serial [2] -136:6, 184:9 series [3] - 40:21, 52:2, 206:8 serious [1] - 209:23 seriously [1] -144:13 serves [1] - 28:19 Service [10] - 3:15, 4:4, 4:20, 4:23, 5:3, 173:9, 174:5, 212:4, 215:8, 219:20 service [13] - 8:10, 35:23, 57:21, 123:16, 155:9, 155:14, 155:16, 156:8, 156:11, 156:12, 183:17, 192:23, 193:10 services [3] - 7:21, 57:24, 192:18 Set [4] - 3:4, 3:6, 3:9, 3:11 set [51] -10:12, 10:20, 20:14, 21:2, 21:5, 21:10, 30:14, 59:20, 61:5, 72:16, 73:18, 77:8, 77:21,84:20, 94:12, 95:4, 95:21, 96:13, 100:3, 105:8, 108:21, 109:7, 109:21, 113:22, 118:22, 131:1, 146:7, 148:2, 148:23, 152:7, 163:8, 168:1, 181:14, 189:2, 189:14, 194:9, 194:21, 196:22, 196:25, 197:2, 205:5, 205:22, 206:16, 208:7, 208:18, 213:11, 216:3, 216:17, 219:23, 227:16 set-up [2] -189:2, 189:14 setting [1] -104:25 seven [2] - 24:4, 198:21 seventh [2] -13:18, 121:21 several [9] - 41:5,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
255
43:24, 53:23, 97:16, 102:16, 124:25, 175:1,204:12, 206:8 several-page [1] 102:16 shape [1] -148:14 sheet [10] -101:8, 101:10, 136:24, 136:25, 153:8, 153:9, 162:6, 162:15, 177:20, 202:16 Sheet [1] - 4:16 sheets [1] -168:2 shell [5]-138:8, 163:21, 177:22, 177:23, 178:19 shipment [1] - 203:11 shipped [18] - 4:5, 18:15, 18:20, 44:21, 74:10, 88:19, 126:12, 175:13, 176:12, 177:18, 185:8, 194:5, 195:11,202:15, 203:10, 204:14, 204:16, 206:10 shipping [2] -18:15, 126:11 Shipyard [10] -13:13, 14:3, 18:10, 18:13, 18:16, 18:20, 83:13, 84:13, 85:12, 224:22 SHIRLEY [1] -1:5 short [2] -122:13, 136:22 show [6] -109:16, 126:20, 136:1, 166:2, 182:20, 190:22 showing [1] - 214:5 shown [5] -145:17, 153:3, 182:18, 214:25, 222:7 shows [3] -17:2, 135:3, 167:12 shrinking [1] -163:6 side [16] - 28:23, 28:24, 29:1,29:2, 29:3, 29:7, 47:15, 47:16, 48:17, 123:12, 137:19, 152:1, 163:14, 180:19, 180:20 sight [3] -145:14, 145:18, 145:19 sign [1] - 90:18 signature [7] - 20:12, 61:2, 61:7, 78:11, 78:13, 90:13, 90:16
signed [2] - 100:3, 188:8
significance [1] 117:8
signing [1] - 20:15 similar [16] - 47:1,
47:6, 57:19, 75:23, 76:12, 88:12, 91:23, 104:10, 104:15, 114:9, 126:10, 154:17, 174:7, 174:9, 178:6, 204:21 similarly [1] -196:8 simple [2] - 165:22, 168:14 simpler [1] -164:19 simply [10] - 35:3, 63:15, 77:21, 108:6, 108:11, 148:19, 148:20, 170:14, 193:9, 223:12 sit [3]-111:1, 182:16, 225:22 site [8]-18:18, 35:15, 36:20, 40:21,40:24, 51:21, 89:13 sites [2] - 76:1, 79:19 sitting [3] -183:1, 198:8, 200:25 situation [2] - 59:20, 152:12 six [2]-40:22, 224:16 sixth [3] - 13:9, 86:4, 120:17 size [2] -118:10, 149:6 sizes [2] - 22:18, 47:15 skin [3] -178:14, 178:18, 178:19 slightly[1] - 32:24 small [2] - 52:16, 211:6 smaller [1] - 47:25 sold [24] -15:3, 15:9, 16:16, 16:18, 17:20, 17:21, 18:21, 19:7, 19:14, 22:17, 22:21, 44:12, 54:5, 71:15, 71:24, 72:21,74:14, 94:3, 94:16, 94:18, 125:8, 191:10, 191:14, 191:19 solemnity [1] - 64:19 solvent [1] - 63:18 someone [16] - 56:20, 56:25, 71:4, 71:14, 86:17, 87:8, 111:2, 124:4, 125:25, 126:7, 136:10,
136:21, 139:16, 141:19, 186:22, 189:9 sometime [1] - 224:5 sometimes [3] - 41:2, 42:22, 47:15 somewhat [1] - 82:3 somewhere [2] - 47:3, 89:25 soon [1] - 214:15 sophisticated [1] 108:5 sorry [28] - 20:4, 20:23, 22:7, 28:6, 28:14, 50:1,67:5, 96:22, 98:16, 113:13, 116:21, 134:8, 151:23, 152:13, 157:6, 157:8, 169:1, 179:14, 180:8, 181:12, 187:9, 187:14, 190:14, 199:21, 201:24, 202:23, 204:16, 206:2 sort [6] - 15:22, 76:9, 77:2, 142:6, 167:18, 174:15 sorts [2] - 36:5, 189:19 sought [1] - 54:11 sound [1] -199:21 Sound [11] -13:12, 14:2, 18:10, 18:13, 18:16, 18:20, 83:13, 84:13, 85:12, 87:9, 224:22 sounds [2] - 89:24, 194:11 sources [1] - 65:12 space [2] - 29:22, 145:23 speaker [1] -157:6 speaks [7] - 23:10, 134:24, 188:23, 198:16, 209:10, 212:21, 220:1 specific [21] - 8:20, 9:23, 15:3, 15:10, 16:13, 16:14, 18:18, 19:8, 19:10, 40:14, 40:20, 51:21,55:12, 62:15, 121:6, 135:2, 136:3, 136:7, 165:19 specifically[8] 33:23, 56:20, 62:9, 65:1,71:3, 136:20, 197:23, 205:19 specification [9] -
12:20, 13:2, 13:10, 33:18, 155:12, 156:21, 156:24, 162:17, 183:6 Specifications [2] 3:16, 4:5 specifications [5] 24:25, 25:13, 30:24, 32:1, 63:23 Specifications.... [1] 4:11 specifics [1] -148:14 specifies [1] - 79:3 speculate [5] 103:17, 134:25, 147:7, 208:11, 212:22 speculation [35] 94:22, 104:21, 105:21, 106:14, 107:25, 111:13, 112:12, 118:7, 119:1, 125:10, 132:2, 132:16, 139:25, 141:15, 142:15, 146:20, 148:11, 150:14, 151:20, 156:1, 161:5, 162:14, 181:17, 201:17, 207:20, 208:4, 208:10, 208:21, 211:9, 215:14, 216:22, 217:24, 219:6, 220:14, 221:20 spelling [2] - 66:24, 66:25 SPELLMAN [1] - 2:6 spirit [1] -10:18 spoken [2] - 56:16, 56:19 square [1] -121:9 Square [1] - 2:10 squash [1] -10:16 squeeze [1] -153:6 sS [2]-227:1, 228:1 staff [4]-35:11, 35:23, 36:5, 36:8 stagger [1] -145:20 stamina [1] - 59:9 stamp [10] -154:14, 176:23, 177:7, 177:14, 179:16, 180:2, 181:20, 194:13, 197:1, 199:9 stamped [1] -176:6 stand [1] -151:1 standing [2] -107:3, 114:14
stapled [2] -102:17, 168:1
start [16] - 37:3, 37:8, 37:20, 38:4, 38:11, 65:17, 117:15, 134:5, 187:18, 187:19, 187:21, 188:15, 193:3, 204:15, 204:18
start-up [12] - 37:3, 37:8, 37:20, 38:4, 187:18, 187:19, 187:21, 188:15, 193:3, 204:15, 204:18
start-up-related [1] 38:11
started [6] - 7:18, 37:25, 56:23, 72:5, 86:12, 86:14
starting [6] - 21:18, 37:6, 57:20, 134:10, 134:16, 152:21
starts [3] - 83:5, 155:9, 157:2
startup [3] - 39:5, 40:1, 40:2
State [3]- 1:18, 227:7, 227:21
state [12] - 6:17, 7:13, 40:25, 99:18, 147:2, 148:21, 166:1, 175:18, 175:23, 224:19, 225:3, 226:10
STATE [2] - 227:1, 228:1
statement [4] - 9:14, 23:7, 31:2, 163:14
STATES [1] -1:1 states [3] -129:13,
153:13, 192:17 States [9] - 6:8, 13:5,
13:21, 15:15, 16:4, 38:24, 43:20, 51:15, 52:1 Station [17] - 4:6, 4:12, 41:9, 42:9, 42:10, 43:7, 43:20, 84:23, 175:14, 176:13, 190:5, 190:11, 192:1, 194:5, 195:11, 203:9, 206:11 stationary [2] 184:18, 184:20 Steam [2] - 4:20, 212:3 steam [2] - 50:9, 50:21 steel [1] -138:8
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
256
steps [2] - 84:18, 84:22
Stevens [1] - 6:7 STEVENS [2] - 1:5,
1:5 stick [1] - 226:9 still [10] -19:12,
56:13, 57:9, 59:6, 113:5, 122:18, 166:15, 186:13, 207:16, 224:20 stipulate [2] - 90:22, 216:10 stipulation [1] 220:16 stock [2] -198:7, 198:9 stood [1] -139:16 stop [2] - 222:16, 223:13 storage [1] - 201:2 stored [1] - 85:21 street [1] -126:9 Street [3]-1:19, 6:13, 228:8 strength [2] - 63:3, 120:25 stretch [1] -151:1 stretches [1] - 71:5 strike [6] -17:5, 39:13, 49:5, 105:18, 139:10, 201:8 strips [2] -144:11, 144:16 stuff [1]-92:13 styles [1] - 22:18 sub [1] - 30:17 sub-assemblies [1] 30:17 subject [38] - 8:9, 8:20, 9:2, 9:6, 9:11, 9:17, 11:4, 11:8, 11:11, 11:13, 11:15, 11:25, 12:18, 12:22, 12:24, 13:1, 13:7, 13:9, 13:14, 13:16, 13:18, 13:23, 14:6, 14:16, 14:18, 15:1, 37:12, 72:25, 99:22, 169:24, 170:24, 171:10, 171:24, 172:23, 196:15, 221:9, 226:2 subpoenaed [1] 21:14 Subscribed [1] 228:20 subsequent [1] 156:20 subsequently[2] -
84:11, 87:17 subsidiary [1]-91:11 substance [1] -
198:25 substitute [1] - 226:15 substituted [1] - 33:21 substituting [1] -
159:25 successfully [1] - 42:6 Successor [1] - 3:8 suddenly [1] -113:7 suggesting [1] -
110:12 Suite [5] -1:19, 2:7,
2:11, 2:14, 228:8 sum [1] -143:6 summarized [1] -
10:22 supplemental [2] -
21:20, 83:10 Supplemental [2] -
3:12, 4:9 supplemented [2] -
21:7, 21:10 supplied [14] -17:1,
51:15, 51:22, 59:6, 62:14, 62:16, 64:6, 76:23, 101:19, 103:16, 122:11, 189:10, 218:20, 218:21 supplier [7] - 33:7, 58:15, 62:3, 207:9, 208:2, 221:24, 222:3 suppliers [1] - 58:17 Supply [1] -191:20 supply [6] -12:20, 52:24, 53:7, 115:3, 126:10, 201:2 support [3] - 56:1, 105:7, 145:24 suppose [4] - 94:15, 111:1, 133:4, 169:12 supposed [1] -153:19 surface [2] -145:16, 153:9 surprised [2] -19:19, 186:19 surprising [2] 186:11, 186:20 suspend [1] -157:24 SW [1] - 2:14 swear [1] - 6:20 sweep [1] - 59:20 switch [1] -108:6 swoop [1] - 60:2 sworn [8] - 7:7, 51:11, 92:25, 95:20, 96:10, 97:25, 98:3, 228:20 symbol [1] - 51:4
system [8] - 44:17, 113:24, 114:17, 116:25, 119:6, 119:7, 154:18, 163:24
T
TACOMA [1] - 1:3 tadpole [8] -128:15,
128:16, 128:19, 128:21, 128:23, 129:14, 153:3, 153:6 tail [1]-128:24 talks [1] -111:17 Talleys [2] - 208:8, 208:12 tape [1] - 81:19 tasked [3] - 40:13, 107:22, 108:10 tasks [1] - 38:11 tearing [1] -139:1 technical [12] - 7:21, 31:25, 35:11,35:22, 36:5, 36:7, 36:10, 37:7, 57:24, 81:5, 105:6, 105:8 technically [1] - 41:21 telephone [2] - 2:15, 169:13 Temp [5] -120:3, 120:14, 160:7, 160:14, 161:3 temperature [2] 29:6, 160:11 ten [3] -59:16, 154:1, 154:2 term [10] - 36:23, 37:2, 63:6, 63:15, 63:21, 76:24, 101:5, 101:7, 177:20, 195:24 terms [3] - 28:25, 49:5, 130:25 test [1] - 89:13 testified [9] - 7:8, 41:15, 74:2, 89:1, 132:18, 152:3, 218:12, 222:15, 224:3 testify [11] - 8:19, 11:24, 12:24, 13:7, 13:16, 14:5, 14:17, 111:2, 168:4, 182:16, 224:8 testifying [4] - 9:10, 11:10, 13:22, 133:5 testimony [18] - 8:23, 32:17, 32:21,54:17, 66:21, 69:18, 71:25, 76:17, 82:4, 96:20, 96:23, 115:23,
140:13, 143:13, 158:16, 218:15, 223:4, 225:2 text [5]-66:2, 93:15, 163:3, 163:12, 174:4 THE [249]-6:2, 15:18, 16:7, 19:6, 20:7, 22:1, 23:11,24:13, 25:6, 26:9, 27:8, 27:22, 28:14, 29:15, 30:3, 32:19, 34:20, 36:15, 37:14, 37:23, 38:6, 38:15, 39:20, 44:3, 46:7, 46:25, 48:12, 48:15, 49:2, 49:12, 49:21,50:15, 51:20, 52:4, 53:4, 53:16, 55:8, 55:19, 56:23, 59:4, 60:14, 60:18, 61:14, 61:23, 62:13, 63:20, 64:3, 65:16, 66:13, 67:14, 68:16, 68:24, 70:14, 71:14, 72:18, 73:14, 73:25, 74:18, 76:18, 79:11, 80:5, 80:24, 81:11, 81:16, 81:20, 81:23, 82:11,82:24, 84:16, 87:1,87:21, 90:5, 90:25, 92:11, 93:9, 95:6, 97:4, 97:15, 98:6, 98:20, 98:23, 99:8, 99:14, 99:18, 100:14, 100:23, 101:15, 101:22, 102:4, 102:7, 104:22, 105:12, 105:24, 106:7, 106:15, 107:7, 107:13, 107:16, 108:1, 108:15, 108:24, 110:16, 111:15, 112:3, 112:13, 112:22, 113:9, 113:12, 113:15, 114:6, 114:21, 116:6, 116:17, 116:21, 116:24, 117:4, 118:8, 118:18, 119:2, 119:9, 119:20, 120:8, 121:17, 123:2, 124:3, 124:12, 125:2, 125:11, 125:21, 128:2, 128:10, 129:3, 130:1, 130:19, 132:3, 132:17, 133:2, 133:12, 134:14,
00
CO
ho
CM
CM LO
134:18, 135:1, 135:9, 135:22, 136:17, 137:11, 137:24, 140:1, 140:23, 141:6, 141:17, 142:17, 143:20, 144:2, 144:19, 144:25, 146:21, 147:16, 147:25, 148:13, 149:2, 150:20, 151:21, 152:21,
154:3, 154:7, 155:5, 156:2, 156:16, 157:5, 158:7, 160:17, 161:7, 162:15, 163:20, 164:9, 165:3, 166:5, 166:14, 167:4, 167:12, 169:1, 169:11, 169:22, 171:19, 172:6, 172:19, 173:5, 173:24, 174:14, 176:19, 179:14, 181:18, 182:15, 183:13, 185:4, 185:17, 186:6, 186:18, 187:2, 187:12, 188:18, 189:7, 189:19,
192:8, 193:1, 193:17, 195:25, 196:4, 197:6, 198:6, 199:17, 200:11, 201:18, 202:10, 203:1,204:3, 204:8, 205:12, 206:5, 207:6, 207:24, 208:11, 208:22, 209:13, 210:3, 210:7, 210:12, 210:25, 211:24, 212:10, 212:24, 214:17, 215:4, 215:15, 216:23, 217:11, 218:1, 218:17, 219:8, 219:16, 220:2, 220:15, 221:22, 223:17, 223:20, 224:16, 226:20 then/after [1] - 46:11 thereabouts [1] - 90:1 therefore [4] - 73:5, 93:21, 95:13, 206:23 therefrom [1] -170:13 therein [2] - 78:15,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
257
148:4 thereon [1] -164:15 Thereto.............[1] -
3:12 Thereto......................
.... [2] - 3:5, 3:10 thickness [2] -
120:16, 149:5 thinking [3] - 46:15,
65:19, 217:5 third [16] -11:13,
11:14, 119:12, 123:6, 127:3, 157:11, 157:22, 162:3, 181:14, 190:7, 192:15, 193:18, 195:21, 195:25, 196:1, 203:16 thirds [1]-174:18 thisday [1] - 228:20 THOMAS [1] - 2:9 thorson [1] - 60:12 Thorson [3] - 6:25, 11:14, 194:9 THORSON [286] - 2:6, 6:25, 9:13, 11:1, 12:2, 12:16, 15:16, 16:5, 17:5, 17:13, 17:17, 19:3, 19:25, 20:23, 21:9, 21:16, 21:23, 22:6, 23:9, 24:11, 25:5, 26:6, 27:6, 27:20, 28:12, 28:15, 29:12, 30:2, 32:16, 34:18, 36:11, 37:10, 37:13, 37:22, 38:5, 38:13, 39:18, 44:1, 46:6, 46:23, 48:7, 48:11, 48:25, 49:11, 49:19, 50:13, 51:17, 52:3, 53:1, 53:15, 55:5, 55:17, 56:19, 59:2, 59:15, 59:24, 60:3, 61:12, 61:20, 62:11,63:19, 64:1, 65:4, 65:13, 66:11, 67:4, 67:12, 68:3, 68:21, 69:21, 70:13, 71:12, 72:14, 73:12, 73:22, 74:16, 76:15, 79:2, 80:1, 81:9, 82:9, 82:22, 83:16, 83:25, 84:14, 86:24, 87:19, 89:6, 89:12, 89:21,89:24, 90:7, 90:22, 91:25, 92:10, 93:4, 93:6, 94:4, 94:20, 95:3,
95:23, 97:2, 97:12, 98:4, 98:13, 98:16, 99:7, 99:10, 99:13, 100:8, 100:21, 101:1, 101:13, 101:21, 102:12, 103:14, 104:19, 105:10, 105:20, 106:6, 106:12, 107:2, 107:6, 107:24, 108:13, 108:22, 109:8, 110:7, 110:15, 111:11, 112:2, 112:11, 112:20, 113:7, 113:11, 114:1, 114:5, 114:20, 116:1, 116:15, 118:6, 118:16, 118:25, 119:8, 119:18, 120:6, 121:15, 121:23, 123:1, 124:1, 124:10, 124:22, 125:9, 125:19, 128:1, 128:9, 129:1, 129:23, 130:17, 131:13, 132:1, 132:14, 132:22, 133:1, 133:11, 134:11, 134:22, 135:8, 135:17, 136:15, 137:9, 137:21, 139:4, 139:24, 140:17, 140:22, 141:3, 141:14, 142:13,
143:16, 144:1, 144:17, 144:24,
146:18, 147:1, 147:24, 148:10, 149:1, 149:19, 149:25, 150:3, 150:13, 150:23, 151:19, 152:18, 153:24, 154:2, 154:13, 154:21, 154:23, 155:2, 155:24, 156:14, 157:8, 158:1, 158:21, 159:19, 160:1, 160:15, 161:4, 162:13, 163:16, 164:7, 164:25, 165:25, 166:24, 167:2, 167:10, 168:17, 169:9, 173:22, 174:12, 175:17, 176:18, 179:12,
181:12, 181:16, 181:25, 182:12, 183:18, 183:24, 185:2, 185:15, 186:4, 186:15, 188:16, 189:4, 189:17, 190:13, 192:2, 192:5, 192:24, 193:13, 194:24, 195:23, 196:18, 197:4, 198:2, 198:15, 199:15, 200:9, 201:15, 201:25, 203:20, 204:23, 205:10, 206:12, 207:4, 207:18, 208:9, 208:20, 209:9, 210:23, 211:8, 212:8, 212:20, 213:15, 214:13, 215:13, 216:5, 216:10, 216:21, 217:10, 217:23, 218:14, 219:4, 219:25, 220:13, 221:19, 222:18, 222:22, 222:24, 223:3, 223:15, 223:18, 225:3 Thorson's [1] -194:7 three [13] - 8:5, 97:14, 176:12, 177:5, 184:9, 187:19, 190:10, 191:3, 191:24, 192:2, 192:6, 193:7, 218:9 three-year [1] - 8:5 threw [2] - 33:13, 184:3 throughout [1] - 70:12 throwing [1] -143:3 thumb [1] -126:20 thumbed [1] - 87:12 tightly [2] -140:5, 145:15 tile [3] - 144:9, 144:10, 153:4 tiles [3] -137:14, 137:16, 144:12 Tim [2] - 6:25, 157:5 TIMOTHY [1] - 2:6 title [4] - 76:21, 102:16, 158:15, 163:22 today [24] - 6:3, 10:18, 19:7, 69:15, 77:11, 77:12, 90:21,96:21, 96:24, 98:7, 102:20,
105:9, 115:9, 115:25, 117:2, 128:3, 152:3, 180:17, 182:25, 183:2, 200:21, 211:2, 222:2, 224:25 today's [1] - 9:16 together [5] - 63:18, 136:8, 157:19, 162:22, 168:2 took [5] - 55:3, 57:19, 59:5, 150:12, 185:6 tools [1] -144:23 top [13] - 39:1, 42:12, 64:5, 82:25, 85:8, 159:2, 161:10, 167:18, 173:8, 173:9, 202:19, 202:21,208:24 topic [5] -14:8, 14:20, 14:21, 14:23, 18:7 topics [8] - 9:18, 9:22, 9:23, 10:9, 10:10, 10:21, 147:5 torn [1] -138:22 TORNETTA [5]- 1:14, 7:6, 227:8, 228:5, 228:18 Tornetta [64] - 6:5, 7:14, 7:15, 8:18, 10:7, 10:18, 11:4, 12:5, 12:14, 20:9, 21:5, 22:9, 44:23, 45:8, 59:8, 59:23, 60:12, 60:21,65:15, 67:7, 68:8, 78:4, 78:7, 79:5, 82:1, 83:25, 84:11,89:15, 90:24, 95:16, 96:8, 100:11, 102:10, 143:19, 147:14, 151:24, 154:10, 158:9, 159:14, 160:4, 161:15, 165:11, 166:22, 167:24, 168:11, 168:25, 170:10, 173:7, 175:8, 176:5, 182:5, 183:15, 184:7, 191:6, 194:8, 201:25, 204:11, 209:11,210:15, 222:14, 223:11, 225:12, 225:22, 226:8 Tornetta's [2] 147:10, 223:6 total [3] -15:13, 192:3, 192:7 toward [5] - 106:25,
107:20, 108:9, 128:14, 174:17 towards [1] -106:20 trace [1] -158:14 track [2] - 57:19, 57:20 trade [4] - 8:5, 11:5, 61:18, 61:24 Trade [1] - 8:5 trained [2] -192:18, 193:11 training [7] - 8:7, 8:8, 8:11, 28:9, 39:4, 39:11, 88:14 transacted [1] 185:14 transaction [1] - 92:5 transcript [1] - 228:6 Transcript [1] -5:11 TRANSCRIPT [1] - 6:1 transfer [1] - 29:9 transfers [1] - 63:4 treated [1] -130:8 trough [1] - 30:1 trowel [1] - 29:23 true [8] -14:24, 74:5, 103:4, 118:19, 132:11, 144:3, 228:9 truly [1] - 200:14 try[7]-32:11, 33:16, 42:22, 43:10, 43:12, 109:13, 146:12 trying [6] - 42:25, 43:1, 64:23, 68:7, 138:20, 142:1 tube [11] - 50:6, 86:5, 136:24, 136:25, 145:14, 145:18, 145:19, 153:8, 153:9, 213:20, 213:22 tubes [1] - 29:10 turn [24] - 20:9, 34:25, 40:3, 51:7, 61:9, 69:2, 74:23, 83:2, 97:20, 99:2, 108:6, 112:17, 127:1, 137:4, 167:7, 175:3, 176:5, 178:21, 181:1, 194:12, 195:3, 211:11, 213:1,220:5 turned [1] -189:15 turning [2] -152:13, 215:19 twelve [4] -145:11, 146:15 twelve-inch [4] 145:11, 146:15 two [13] - 69:25, 70:1, 70:5, 75:2, 151:25,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
258
165:8, 174:18, 201:18, 207:2, 207:17, 216:6, 216:7 two-thirds [1] -174:18 type [31] - 27:4, 27:8, 27:13, 31:15, 35:25, 36:3, 39:11, 46:11, 48:3, 62:9, 62:10, 71:18, 85:13, 85:22, 88:12, 106:17, 106:18, 106:21, 110:20, 115:20, 126:8, 135:24, 140:6, 141:23, 145:1, 149:11, 155:12, 165:18, 167:14, 178:6, 209:21 typeface [2] -104:8, 104:10 types [6] - 22:18, 22:19, 26:11,55:11, 76:4, 105:13 typeset [1] - 110:5 typical [2] - 37:17, 47:17 typically [7] - 37:11, 37:14, 43:23, 47:9, 47:13, 48:16, 50:6 typing [1] - 86:14
U
U.S [22] -4:5, 15:3, 41:8, 41:22, 41:23, 42:4, 42:9, 43:5, 84:22, 85:12, 87:10, 88:13, 190:4, 191:7, 191:9, 191:10, 191:16, 191:21, 191:22, 191:23, 192:9, 192:13
ultimately [2] - 85:4, 136:3
unclear [1] - 70:4 uncured [1] -153:13 undated [5] -155:11,
156:24, 162:16, 163:8, 183:6 under [33] -1:15, 20:15, 41:23, 42:5, 42:7, 42:8, 43:2, 43:5, 43:6, 43:21, 43:22, 43:24, 61:1, 76:20, 85:5, 85:10, 85:15, 87:9, 87:10, 88:12, 88:13, 88:16, 117:18, 127:13, 151:10, 180:5, 198:23, 205:24, 209:1,217:8, 227:9
undercuts [1] -138:11 undergo [1] - 39:4 undergoing [1] -
149:12 underneath [1] -
196:22 understood [3] -
41:25, 82:3, 112:9 undertaken [2] -
58:24, 139:11 undertook [1] - 40:18 underway [1] - 214:4 unfortunately[1] -
159:15 unheard [1] -185:9 Union [1] - 2:10 unique [2] - 30:24,
31:1 unit [11] -19:8, 41:1,
41:10, 48:1,50:5, 50:7, 50:17, 54:4, 54:24, 202:15, 202:18 United [9] - 6:8, 13:4, 13:21, 15:15, 16:4, 38:24, 43:20, 51:15, 52:1 UNITED [1] -1:1 units [1] -192:19 University [1] - 2:11 unknown [2] - 223:24 unless [5] - 22:4, 71:4, 84:5, 119:2, 188:6 unnumbered [19] 112:18, 112:19, 113:19, 155:12, 156:24, 161:24, 162:16, 163:8, 179:9, 181:11, 183:6, 194:22, 195:20, 196:17, 197:3, 213:12, 214:12, 216:4 untold [1] - 79:12 unusual [3] - 71:20, 125:24, 126:3 up[47] - 8:14, 31:20, 37:3, 37:8, 37:20, 37:25, 38:4, 38:11, 42:16, 59:20, 60:5, 64:19, 67:17, 78:2, 82:12, 83:11,89:20, 99:9, 109:19, 110:25, 121:19, 125:4, 125:17, 125:21, 126:6, 126:13, 135:1, 136:23, 139:14, 143:6, 151:1, 163:6, 182:18, 182:20,
187:18, 187:19, 187:21, 188:10, 188:15, 189:2, 189:14, 193:3, 204:15, 204:18, 225:4 upper[21] -114:12, 134:12, 137:14, 137:17, 153:11, 156:4, 173:14, 176:22, 179:2, 179:18, 184:7, 194:15, 194:16, 195:6, 195:13, 196:9, 196:25, 197:15, 202:19, 215:21 user [2] -108:2, 208:13 users [3] - 93:13, 107:20, 110:13 utilization [1] -114:14 utilize [1] -114:17 utilized [5] - 32:14, 86:23, 97:10, 142:12, 160:13 utilizing [1] - 88:25
V
V-Block [7]-70:2, 75:24, 76:13, 179:3, 179:8, 180:23, 180:24
vacate [1] - 60:11 vague [66] - 27:21,
28:15, 29:13, 36:12, 38:14, 49:20, 50:14, 53:2, 61:21, 62:12, 64:2, 65:14, 67:5, 68:22, 69:22, 70:7, 71:13, 74:17, 81:10, 87:20, 89:5, 92:2, 94:21, 98:5, 100:22, 101:14, 102:13, 104:20, 105:11, 114:20, 116:16, 119:19, 120:7, 124:2, 125:20, 129:2, 131:14, 136:16, 144:18, 160:16, 163:17, 164:8, 167:3, 173:23, 174:13, 181:17, 185:16, 186:5, 188:17, 189:5, 189:18, 192:25, 193:14, 194:25, 195:24, 196:19, 199:16, 200:10, 201:16,
207:21,210:24, 212:9, 216:22, 221:20, 223:16 valuable [1] -192:23 van [2] - 2:19, 6:14 variety [1]-10:2 Various [2] - 3:17, 4:11 various [15] -10:9, 10:21, 22:20, 24:15, 30:16, 30:22, 116:8, 116:11, 118:1, 118:2, 121:9, 146:5, 163:23, 190:2, 202:13 varying [1] -105:13 VEE [1] - 70:3 Vee [91] - 27:15, 27:16, 27:18, 28:2, 28:3, 28:8, 28:17, 29:11, 29:19, 34:10, 61:11, 61:17, 61:18, 61:25, 62:8, 62:9, 63:6, 63:23, 63:24, 64:24, 65:1,65:10, 65:19, 66:3, 66:10, 66:22, 66:24, 67:10, 68:1, 68:20, 69:10, 69:19, 70:3, 70:11, 70:18, 71:10, 72:20, 73:10, 73:15, 74:4, 74:6, 74:10, 74:14, 75:25, 76:14, 77:24, 114:15, 114:22, 117:22, 118:1, 118:13, 118:19, 132:9, 132:11, 132:20, 137:24, 138:5, 138:10, 138:14, 139:5, 139:20, 140:14, 140:20, 141:3, 141:11, 142:8, 142:25, 143:12, 152:4, 152:11, 181:23, 182:6, 182:9, 183:3, 183:7, 196:10, 197:7, 197:9, 197:13, 197:14, 197:19, 198:13, 199:12, 199:25, 215:25, 220:11,220:17, 220:24 Vee-Block [7] - 72:20, 75:25, 76:14, 181:23, 182:6, 196:10, 215:25 vendor [1] - 66:17 vent [1] -151:15
ventilating [2] 166:23, 168:13
Ventilating [15] - 3:17, 3:18, 3:19, 3:20, 3:21, 3:22, 3:23, 3:24, 4:3, 170:1, 170:23, 171:9, 171:23, 172:9, 172:22
verbatim [5] -14:8, 166:18, 209:2, 209:7, 209:8
verification [2] 20:15, 78:11
verified [1] - 20:22 verify [2] - 41:11, 85:1 Vernon [1] -187:6 versus [4] - 6:7, 47:16,
62:20, 142:19 vertical [2] -152:12,
164:20 vessel [1] - 30:6 via [4]-2:4, 2:8, 2:12,
2:15 Vic [1] - 4:13 vice [1] - 57:23 Video [1] -1:14 videoconference [3] -
2:4, 2:8, 2:12 VIDEOGRAPHER [18]
-6:2, 60:14, 60:18, 80:24, 81:16, 81:20, 81:23, 98:20, 98:23, 102:4, 102:7, 154:3, 154:7, 204:3, 210:3, 210:7, 210:12, 226:20 Videographer [1] 2:19 videographer[6] 6:14, 80:25, 81:14, 198:19, 214:3, 225:13 Videotaped [1] - 3:3 virtue [1] - 83:19 visible [1] - 47:18 visits [1] - 36:8 voids [3] -145:21, 149:17, 149:23 volume [3] - 51:14, 74:3, 74:6 volumes [1] -126:17 voluminous [1] 167:6 vs [1] - 1:8
W
wait [1] - 99:7 waiving [2] - 21:24,
BROWN & JONES REPORTING, INC.
JOHN F. TORNETTA, 09/14/2012
259
73:1 warehouse [1] - 201:1 warning [3] - 93:15,
206:18, 207:10 Warning [1] - 4:17 warnings [6] -14:11,
72:20, 73:5, 73:9, 93:12, 93:21 warranty [1] - 35:24 Warren [2] - 2:16, 7:5 WASHINGTON [1] 1:2 Washington [7] - 2:4, 2:7, 2:11,6:9, 42:4, 187:6, 190:12 Washington.............. ................[1] - 4:12 watched [1] -139:16 Water [2] - 4:20, 212:3 water [12] - 29:22, 29:24, 50:16, 63:17, 149:18, 150:8, 153:1, 173:18, 173:19, 206:21, 213:20, 213:22 water) [2] - 145:22, 150:2 Watertube [1] - 4:20 Wayne [1] - 205:20 ways [2] - 43:2, 43:4 weather [1] -153:14 Weber's [4] -160:6, 160:13, 161:3, 161:16 weed [1] -102:22 weight [1] -118:8 welcome [1] - 21:22 welded [1] -138:8 well-stated [1] - 35:17 Wells [3] -1:19, 6:13, 228:8 Western [1] - 6:9 WESTERN [1] - 1:2 wet [1] -153:17 what-can-we-get [1] 31:15 whatsoever [2] 103:15, 213:21 whereof [1] - 227:16 Whidbey [35] - 4:6, 4:12, 27:12, 31:9, 41:9, 41:22, 41:23, 42:3, 42:10, 43:6, 43:21, 75:10, 84:12, 84:23, 85:11, 175:14, 176:12, 176:13, 177:19, 179:1, 184:10, 187:17, 190:5, 191:25, 194:5,
195:11,201:4, 202:15, 203:9, 204:14, 204:16, 206:11,208:14, 217:15, 218:21 whole [3] - 43:11, 151:12, 167:20 wholesale [1] - 200:25 Whyte [3] -1:19, 6:12, 228:7 Wilcox [1] -169:15 Williamson [1] - 8:5 WISCONSIN [1] 227:1 Wisconsin [8] -1:18, 1:20, 6:13, 211:18, 227:7, 227:18, 227:21,228:9 withdraw [1] - 223:11 WITNESS [230] 15:18, 16:7, 19:6, 20:7, 22:1, 23:11, 24:13, 25:6, 26:9, 27:8, 27:22, 28:14, 29:15, 30:3, 32:19, 34:20, 36:15, 37:14, 37:23, 38:6, 38:15, 39:20, 44:3, 46:7, 46:25, 48:12, 48:15, 49:2, 49:12, 49:21, 50:15, 51:20, 52:4, 53:4, 53:16, 55:8, 55:19, 56:23, 59:4, 61:14, 61:23, 62:13, 63:20, 64:3, 65:16, 66:13, 67:14, 68:16, 68:24, 70:14, 71:14, 72:18, 73:14, 73:25, 74:18, 76:18, 79:11, 80:5, 81:11, 82:11, 82:24, 84:16, 87:1, 87:21, 90:5, 90:25, 92:11, 93:9, 95:6, 97:4, 97:15, 98:6, 99:8, 99:14, 99:18, 100:14, 100:23, 101:15, 101:22, 104:22, 105:12, 105:24, 106:7, 106:15, 107:7, 107:13, 107:16, 108:1, 108:15, 108:24, 110:16, 111:15, 112:3, 112:13, 112:22, 113:9, 113:12, 113:15, 114:6, 114:21, 116:6, 116:17, 116:21, 116:24, 117:4,
118:8, 118:18, 119:2, 119:9, 119:20, 120:8, 121:17, 123:2, 124:3, 124:12, 125:2, 125:11, 125:21, 128:2, 128:10, 129:3, 130:1, 130:19, 132:3, 132:17, 133:2, 133:12, 134:14, 134:18, 135:1, 135:9, 135:22, 136:17, 137:11, 137:24, 140:1, 140:23, 141:6, 141:17, 142:17, 143:20, 144:2, 144:19, 144:25, 146:21, 147:16, 147:25, 148:13, 149:2, 150:20, 151:21, 152:21, 152:24, 155:5, 156:2, 156:16, 157:5, 158:7, 160:17, 161:7, 162:15, 163:20, 164:9, 165:3, 166:5, 166:14, 167:4, 167:12, 169:1, 169:11, 169:22, 171:19, 172:6, 172:19, 173:5, 173:24, 174:14, 176:19, 179:14, 181:18, 182:15, 183:13, 185:4, 185:17, 186:6, 186:18, 187:2, 187:12, 188:18, 189:7, 189:19, 189:24, 192:8, 193:1, 193:17, 195:25, 196:4, 197:6, 198:6, 199:17, 200:11, 201:18, 202:10, 203:1, 204:8, 205:12, 206:5, 207:6, 207:24, 208:11, 208:22, 209:13, 210:25, 211:24, 212:10, 212:24, 214:17, 215:4, 215:15, 216:23, 217:11, 218:1, 218:17, 219:8, 219:16, 220:2, 220:15,
221:22, 223:17, 223:20 witness [50] - 6:20, 7:6, 8:15, 9:9, 11:10, 11:24, 12:23, 13:6, 13:15, 13:22, 14:4, 14:17, 60:9, 103:17, 134:25, 147:7, 165:8, 166:17, 166:19, 168:7, 169:16, 170:6, 170:18, 171:4, 171:15, 172:3, 172:17, 173:2, 175:5, 183:10, 186:24, 187:8, 189:21, 193:20, 198:19, 199:1, 202:7, 202:24, 204:5, 206:1, 209:24, 211:19, 212:22, 214:2, 214:24, 219:11, 224:24, 225:2, 226:17, 227:16 word [10] - 26:23, 28:6, 34:6, 43:17, 63:2, 85:7, 103:6, 195:1,200:15, 218:3 worded [1] -189:8 words [5] - 34:12, 58:13, 104:2, 106:4, 151:9 worker [1] - 96:18 write [1] - 86:18 writing [3] -104:9, 226:17, 227:9 written [5] - 22:2, 173:8, 184:17, 208:6, 211:6 wrote [1] - 43:19
220:18, 224:12 yesterday [2] - 9:15,
10:24 yourself [13] - 28:8,
35:3, 35:6, 51:10, 60:11, 73:24, 78:18, 113:1, 113:18, 129:20, 134:3, 139:9, 152:1
Y
year [6] - 8:5, 39:1, 51:16, 69:15, 70:11, 80:21
years [37] - 8:10, 24:4, 44:13, 45:17, 46:1, 52:2, 56:4, 66:14, 66:20, 70:7, 79:24, 80:6, 86:12, 86:16, 86:17, 86:23, 95:16, 96:8, 97:24, 98:7, 100:2, 130:8, 130:9, 139:18, 166:11, 184:25, 185:14, 186:2, 186:11, 197:22, 198:4, 198:5, 207:2, 207:17, 220:17,
BROWN & JONES REPORTING, INC.