Document 7OgLKGOMJNG9xDkwYQw337orj

Hicks, et al. v. ACandS, Inc., et al. . .. 6/1/01Paul L. LcCour Page 126 Page 128 1 2 3 4 3 6 7 8 9 10 II 12 13 14 15 . 16 17 18 19 ' 20 21 22 23 24 25 using the new Abex material, to get rid of or use up your supplies of old asbestos material? ^. A. Well, sure. We didn't want to throw away good money. And we had no problem with getting out of asbestos, nor did we make the decision to pursue to get out of asbestos, because, again, we were doing everything internally to control that problem. Abex made this conscious decision 'and was not prepared for it. Q. What do you mean they were noi prepared Tor it? A. The product didn't work properly, safely. And we're very concerned about safety. But what they offered us at the beginning did not work satisfactorily to us, so we refused to use it. , Q. When you were notified that Abex was going to start ultimately discontinuing its use of asbestos, did you start to look for alternative suppliers at that lime? A. Yes, we did. . Q. Was Allied-Signal/Bendix one of the companies you turned to? A. Yes, it was. (Plaintiffs' Exhibit LeCour 18 was marked.) Q. (By Mr. Dumler) 1 show you what's been marked 1 A. So . 2 Q. I'm sorry. Professional? 3 ' A. Professional quality. ' 4 Q. What's the middle grade? 5 A. Okay. The middle grade - well, standard 6 quality, okay, and then economy. 7. Q. Which of those three grades are you talking 8 about you were going to continue asbestos? 9 A. SoncJurU and economy. 10 Q So prole^ional would be you would phase oui II asbestos and use '.lie non-asbestos products: standard and 12 economy, as of'91, you wanted to continue using 13 asbestos? .14 A. Well, in (he professional quality line, we 15 were also looking at a replacement, because *, still did 16 not have a suitable non-asbestos material. They didn't 17 have all part numbers covered, so we would have to find 18 another source in our first line, professional quality 19 line. 20 Then there were the. questions of the formulas 21 themselves. They were not performing correctly, so we 22 might have had to stay with the asbestos in first 23 . professional quality as well. 24 Q. At what point in time did you ever have a 25 did you ever implement a plan to say, by a certain date, Page 127 . Page 129 r as Exhibit No. 18. Let me ask you if you can identify 1 we're going to be out of the sale of asbestos-containing 2 that document for me? 2 brake products?' 3 A. It's titled "Bendlx/Allied-Slgnal, Bendii 3 A. We were concerned on the ban of asbestos, so 4 Friction Material Division, July 25th, 1991. It'S 4 we were pushing for that date that-was set by the EPA 5 addressed to Jack Hughes. 5 to ban asbestos, to be prepared to offer a non-asbestos 6 Q. Who's Mr. Hughes? 6 product across the line. 7 A. Mr. Hughes was the division purchasing 7 Q. So when did you first implement that plan to 8 inventory control manager. 8 be prepared for the ban on asbestos? 9 Q. Does this document have any connection to * 9 A. 1 can't recall the exact date/but it would 10 Abex's decision to phase oul asbestos products? 10 have been during this time frame of the mid- to late II A. Yes. .... II '80s. 12 Q. What's the connection? 12 (Plaintiffs' Exhibits LeCour 19-21 were marked.) 13 A. The connection is that Abex said, we're not 13 Q. (By Mr. Dumler} Let me see if you can 14 going to have asbestos products available. We were 14 identify 19. / 15 using them both in our first and second line. So we 15 A. 19 is a memorandum, Bcndix Allied-Signal, 16 were pursuing the replacement, because we were not going 16 Bendix Friction Material Division, February the 18th, 17 . to sever our relationships with Abes. But in oiir Second 17 1991, Sharon Parvana, P-A-R-V-A-N-A, Parvana, (rom 18 line, we wanted to keep asbestos.' 18 Jim McCool. 19 Q. What do you mean your "second line"? 19 Q. And 20, that's also connected? Am I correct 20 A. Well, you had three grades. You had the 20' that these art simply more purchases from Bendix? 21 professional quality, you had what we call stopper! 21 A. Let me read and see. 22 okay. It depends on what time frame you're talking 22 Q. All right. Take your time. 23 ' about. We Initially had two grades, then we had three 23 A. Item 19, yes, 1 agree that it looks like 24 grades. 24 purchasing uf the product. 25 Q. Okay. '25 Q. Okay. Is that a situation which Bendix had ' WHEELER REPORTING-COMPANY, rNC., 40405 M577 33 (Pages 126 io 129)