Document 7m8n1LrrBw481Bw5dMXkjjQa
SEP. 13.2004 2:57PM RWDM LAW FIRM
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NO. 653 P. 2
CIRCUIT COURT THIRD JUDICIAL CIRCUIT . MADISON COUNT?, ILLINOIS . .
.
In Re: ALL SIMMONS FIRM CASES ON THE MAY 3, 2004, TRIAL DOCKET,
-vs-
Plaintiffs, V
.
A.W. CHESTERTON, et al..
Defendants.
)
) ) )
)
)
) )
)
)
THE DEPOSITION OF CHARLES WILLIAM ALLEN,
produced, sworn and examined on the part of the
Plaintiffs, pursuant to Notice to Take Deposition, on
Tuesday, the 13th day of April, .2004, at the Law .
Offices of RASMUSSEN, WILLIS, DICES? fcMQORB, L.L.C.,
9200 Ward Parkway, Suite 310, in the City of Kansas
City, County of Jackson, and state of Missouri, before
me:
. .'
.
KAREN J. MAY, SMR. CRR of .
JOHN M. BOWEN & ASSOCIATES . Court Reporters
a Certified Shorthand Reporter, in a certain cause now . pending in the Circuit Court Third Judicial Circuit,
Madison County, Illinois.
Appearances:.
For the Plaintiffs:
THE SIMMONS FIRM, L.L.C. .
-.
707 Berkshire Boulevard
. East Alton, Illinois 62024
. BY: MR. TED N. GIANARIS
MR. MARCUS E. RAICHLB, JR. . .
.
For the Defendant Pneumo-Abex:
SWAIN, HARTSHORN & SCOTT
. 411 Hamilton Boulevard
. Suite 1806
Peoria, Illinois 61602
.
. BY: MR. ROBERT W. SCOTT .
.
. .
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JOHN M. BOWEN & ASSOCIATES - (816) 421-2876
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OEioemoa EXHIBIT VO.
(POKE)
umm
kq a
1 oT1966-wbarcI wmi toGarartlndnsuies jn
.
2 Stqjbcnvfflc, Texas, and -wear to wodc. It war a
3 wholly-owned robridiary of Ga? or Genuine '
4 Automotive Parts, and ftgm.iteml wait to
-
5 MoiganSdd in 1974. and I'mthae until today.
6 Q. Okay, when you went to Morganfield in '74, were you
7 woddng for Baytoc.7
'
8 A_No. it was saBGenam Industries.
9 Q.Okay, and wben did yonr employer change from Genai
10 Industries?
.
'
11 A. 1984.
12 Q.Who did you go to wade for in '847
13 A-Rayloc.
14 Q.You've worked for Rnyloc ever since7
15 A. Yes.
.
:^
Id Q.Olcay. Can you explain let's go back to Genam .
17 ' Industries in 1966. Can yon explain das - '
18 xtdarioasbip,,ifany, to KAMI
19 A.lbey^plittl.tlioN^Astt3nttomt33 .
'
20 througjiettnicai of
21 the exception of Oklahoma City and tb^ also had a
22 branch Tulsa, ^dsey also had the Standard
23 Ut&pcruup iaQdca^Ncmnal and Sack Village I .
24 thick h was a part of " it -was not part of OAJ>, '
25 bm wo had tte rest of ft through the central all
Page 3
1 CHA1U.ES WILLIAM ALLEN,
1 the way out into Dos Moines and Dewitt and Kansas
2 of lawful age, after having been first duly sworn
2 City.
3 to tell fee truth, the whole truth, and nothing but
3 Q.So, for a certain section of the country, Gcnaut
4 the truth, testified as follows:
4 was a supplier for NAFA7
5 . EXAMINATION .
.... 5 A. Yes.
6 BY MU. GIaNaRIS:
.
6
7 Q. Sir, please state your name.
.
7
8 A. Charles William Alien.
.8
9 Q.Charles WSUiam AQop? ..
10 A.Yes, A-L-L-E-N.
''
9 A.Yes. 10 Q.What was your job -- go through your job starttaj.
11 Q.Where do you live, Mr. Allen?
.
11 m *66 to the present.
12 A.I live in Morganfield, Kentucky.
12 A.I was a foreman in the plant
13 Q.Can you give us your address, please?
13 Q.Olcay.
.
14 a.206 Valley Drive.
.
14 A.And I moved horn that to a plant manager, and,
15 Q.What'S yoox-date of birth?
15 then, when I went to Morganfield, I was the plant
16 A. 9*17-39. . 17 Q.Olcay, are you a married man?
18 A. Yes.
. 16 manager them, then, in ' 84 when the buyout came, I
. 1? went to general manager.
'.
18 Q. Okay. And you're still general manager?
19 Q.Where do you work?
19 AYes.
20 A.I work for Raylocin Morganfield, Kentucky.
20 Q.ft's niy understanding that Genaut had, for lack o
21 Q.Can you just -- let's rewind and go back to when 21 a better term and maybe it's the proper term,
22 you got out of bdgh school, let's say. Give me 22 competitors or a couple of competitors throughof
23 your wodc history, if you would.
23 the country who also supplied NAPA, is that
24 All went to-wadt at Metro Electric Company in
24 correct?
.
25 approximately 1959. I worked there until mid year 25 A Well, Genuine Parts would be one.
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Q.Okay. Who is the other one?
1 asking me did I know anything about it, and I
2 a. Standard Units would be one.
2 really didn't, I had never messed with one of those
3 Q.Any others? - 3 before, it was an arcing grinder, high speed
4 A.I would say Oklahoma City would be one, that's
4 grinder; and Td sayjust in talking with people,
5 Brittain Brothers.
.
5 asfar as I remember, a guy by the name of John
6 MR. ABBOT: Brittain?
.
6 Franks who was in Indianapolis -- I'm sorry,
7 THE WITNESS'- Brittain Brothers.
7 Evansville, Indiana, at the time, he came, down and
8 MR. RILEY: B-R-J-T-T-A-t-N.
8 they always introducing me to all these folks.
9 A. Brittain Brothers.'
9 old-timers, and they were always telling me about
10 MR. RILEY: And he's talking historical. u not current
10 our relationship with die NAPAJobbers and American . 11 Brakebloc, who I call Abex, andjust the way of
12 MS-GJANAWS: Okay, right
12 conversation, I guess my teaching and training.
13 Q.(Brr MR. (BaNaris) Okay, well, let's talk about
13 Q.So your teaching, training, and conversations with
14 that How far back-- how far back does yoor
. 14 people employed or affiliated with NAPA is what
15 historical knowledge of Genaut's relationship to
15 you're basing your historical knowledge on.?
16 NAPA go?
16 A. When I was talking about the '30's, because my
17 A. Well, Genaut was part of-they were a
.
17 knowledge with NAPA started in 196$.
18 wholly-owned subsidiary of Genuine Automotive
18 Q.Right So, prior to -- what you know about it
19 Parts, but there was also another company BHT
19 prior to 1966 comes from those --
20 Products in Indianapolis that was also a 21 wholly-owned subsidiary, and we were just like a.
20 A That's correct 21 Q. -- those sources I just mentioned?
22 sister. In fact, our plant manager the reason I
22 a.Yes, that's right
23 became plant manager was because he was promoted to
23 Q.Okay. So, going back historically before you
24 general manager of the two plants, and we both
24 started in 1966 all the way let's say through the
supplied Gap and all the Nasa stores that were
25 1970's to tire.cad of the 1970's, Was Abex or
..
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1 supplied by OAR of remsoufaerated product, and the
1 American Brakebloc a supplier of friction
2 BHTplant went all the way back into the '30's.
2 materials, brake friction materials, to Kara?
3 Q.Okay. Do you know how far back the other I'll call
3 A. Yes.
;
4 them competitors, because that* s how we termed it
4 Q.Okay. Now, if a person went in a NAPA store to buy
5 earikr, competitors supplied NAPA?
5 brakes and they bought brakes, they came in a Kara
6 A. To my knowledge, and this is just tabring-to-Walter
. 6 box with a NARA label on them, would those brakes
7 Devoe, who is die plane manager there at
7 during that period of time have been supplied or
8 Stephenville, and all the old - when we was
8 those friction parts in that box have been, supplied
9 starting the new plant, we had a lot of old-timers 10 come in, see the new facility, and they was always 11 trying to teach me about nara because I really knew
9 by Abex or American Brakebloc? 10 A.This is from '60 through the '70's or further back? 11 Q.Let's go back to your historical knowledge, what
12 nothing about Napa at the time, and this goes --
12 you know, as far back as you know. .
"
13 they go all the way back into I'm sine Genuine
13 A I'd say It goes all the way back somewhere in the
14 Parts and ell of them ell the way back in the
14 '30's. .
15 '30's, also. Everything was Abes at that time. 16 Q.Let ate ask you about that. You say everything was
15 Q.Okay. And that would be the situation throughout 16 . the country including the parts yoor company
17 Abex?
. 17 supplied and yourcompetitors supplied to NAPA2
18 A.Yes.
18 A.Yes.
. . , .
'.
19 Q. Explain that to me.
19 Q.Okay.
20 A.Well,in all of our meetings, in feet, the day I
20 . MR. G1ANAR1S; l think that's all I have *
21 went to work at Stephenville, the American
' 21 for now.
22 Brakebloc representative was there, they were back 22 MR-abbot-. Let's take just a break for a ;
23 there him and Walter trying to setup* production
. 23 second.
.`
2* grinder to pind brake shoes, and this was a
24 (BRIEF RECESS TAKEN.)
: gentleman named Dale Schoonover, and they were
25 Q. (hy mil GtANAWS) Sir, American Brakebloc and
.
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1 Abex, in your mind, are the same company?
. 1 over the BHT plant, and I became plant manager, and
2 A.Yes.
2 he was flying back and forth running both plants.
3 Q.You dsc them interchangeably?
3 We bad people like John Having, for example, who
4 A.Yes.
- ..
4 was a Houston distribution center manager. We were
5 Q.Okay. And you -- let me read something to yon
5 . talldng to them people on a regular ba$U bringing
6 here. When I asked to take this deposition, I .
6 in customers trying to get the business, sad this
7 asked for the person most knowledgeable regarding'
7 would be all the peopls in Dallas, and Pm talking
8 the sale or supply of products manufactured by
8 about in jobbing stores, NAPA parts stores,
9 American Biakebloc, also known asAbex, and/or its 9 Houston, Saa Antonio.
10 successor to or through tile NAPA distribution
10 Q.Okay. Let me just go back to the knowledge yon
11 ceaters generaUy on the national level. Do you
11 have prior to 1S66 that's not based on your
12 feel like, in your business organization, yoa would
12 personal knowledge?
13 be the person who fils that bill?
.
13 AAbsolutely not
.
14 AI wouldn't say national because I'm not familiar
14 Q. Could you do me -- you had mentioned NAPAjobb*
15. with the west coast at alL
15 the past and distribution centers.
16 Q. Okay. Bur, other than the west coast, you feel
16 ARight.
'
17 comfortable with that description?
17 Q. Could you provide me with kind of your
18 A. Yes. .
.
18 understanding of what a NATa distribution center
15 Q.Okay.
.
19 is, what a NAPAjobber is, and what the retail .
20 MR. gianariSi That's all I have. Thanks.
20 store is, how that works, how that all works
21 .
EXAMINATION
21 together?
.
22 BY MR. ABBOT:
. 22 A Let's start with the distribution center. Of
23 Q.Hello, Mr. Allen. My name Ls Ed Abbot. I
23 course, we used to call diem warehouses back before
24 represent Pneumo-Abcx Corporation- I have jost a
24 we went to distribution centers. These are people
25 couple questions.
25 that supply tire Napa parts stores for their
1 A Okay.
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. Pa;
. 1 particular locations, whether it be Kansas City,
2 Q.InitiaUy youjust mentioned something about
2 whether it be Dallas, Houston, San Antonio, all the
3 representing Raylop. You're an employee of Rayloc, 3 . parts stores that are napa parts stores in those
.
4 is that correct?
4 areas. The distribution brings in product from a
5 AYes.
.
5 lot of suppliers. They have -- they have engines,
6 Q.Arc you employed by NAPA? . <1 belts, hoses, remanufactored parts, numerous
7 A I'm employed by Genuine Parts Company.
.
8 Q.Are you employed by NAPA?
,
9 A No, NAPA is a trade selling name. Genuine Parts .
.
7 things, and they supply those exclusively to the
8 Napa stores at that time. . .
.
9 The Napa stores, which could be a ccnzgrcny
10 Company is who I work for.
. . 10 owned or it could be an independent owned, they
11 Q.You had mentioned before, prior to 1966, the
U stocked all of what they considered to be a stock
12 information you have prior to 1966, that was
12 that they needed to supply their particular given
13 obtained through conversations you had with, some
13 area and this went out to dealers, it could be
.
14 individuals?
..
14 individual walk-in trade, companies, anyone that
15 AWalter Devoe, who was die plant manager there-
15 they were gang to be doing business with.
16 Q.Do you recall roughly when you had that
. 16
As far as the retail store, I don't think
17 conversation?
.
17 I'm knowledgeableenough about the retail store to
18 AWell it's from'66 through'70. .
. 18 talk about it. This is something that's fairly new
19 Q.Okay, the last time you talked to Mr. Devoe was
19 as far as the super stores.
20 1970 then?
20 Q.ftkay. You've made a reference to napa stores.
21 aNo. Are you talking about, when we're talking
21 that also toe same as toe terminology NAPAjobber
22 about the information, we're talking about napa
22 AYea
.
.'
23 American Biakebloc, the relationships to Napa?
23 Q. Okay. Now, the NAPAjobbers they were not reqr
24 Q.Uh-hnh.
. 24 to purchase all of their materials from a napa
25 AHe became genoal manager approximately that time
25 distribution center, is that correct?
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1 ANo,ll^virasT contest* that I know of.
1 like, were selling products that did come from
2 Q.Thcywere free to purchase brake linings from other
2 areas outside of distribution centers? . .
3 manufacturers other than Abex7
.
3 AWell, tbax was part of our business to go in and -
4 A They could, but most of them didn't or any of the
.
4 if someone was buying water pumps, for example, .
5 remanufacnired parts.
5 we'd try to get tbeir business and bring them into
6 Q.Okay. 7 (CVFF-THE-RBCORD DISCUSSION.)
.
,
6 our plants and show them bow we produced the units 7 and, if they were not buying our water pumps, .
8 Q.Just a couple more questions. When an individual . 8 hopefully we could get their business. This was an .
9 walked into a retail store and purchased brakes.
9 ongoing deal. There was stores that would be not a -
10 they would not necessarily be purchasing Abex brake 10 Napa-not a NAPAstoretbat would be selling any
11 lining, is that correct?
11 ldnd ofproduct titat we were trying to get their .
12 ADuring what time frame? .
12 business; but the Napa stores that I was in and any
13 Q.Let's take your historical understanding prior.to
13 of these changes like water pump changes is always
14 1966.
.
14 American Brakebloc.
-
.
15 Alley would be purchasing Abex material.
IS Q.Was there a time, in your opinion, that it was not
16 Q.In any retail store?
16 American Brakebloc, Americana Brakebloc was not die
17 AYes, my understanding, yes.
.
17 Only supplier of brake linings?
-.
18 Q.And what about the NAPAjobbers?
18 Al would say late - late '80's, maybe early '90's.
19 AThat's who we're talking about, the NAPAjobbers.
. 19 Q-And the basis of that knowledge is what?
20 Q.Okay, but they were free not to -- but the NAPA
20 A Well, BW became the primary supplier I believe the
21 jobbers yonjust said -- .
21 year was 1989.
.
22 AThey were fice to purchase water pumps or anything . 22 Q.Did Genuine Parts manufacture its awn line of brake
23 else from somebody else if they so choose, but most
23 linings?
.
24 of diem are all loyal. Abex was a long time
24 AThey don'tmanufacture brake linings.
' supplier, and they were a good supplier. We still
25 Q.Okay. Tell me about Rayioc brakes, (fid they
. Page 15
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1 use them today as our supplier at Morganfield,
1 manufacture their own brats ttniafp?
''
2 Q.Okay, so then, after 1966 if someone walked into a
'2
- MS.mlhVi You said bralm linings.
.
3 NAPA store and purchased brake linings, would they ' 3
' WLaBBOO lurid. I'm tony?
.
4 necessarily be purchasing Abex brakes?
4 tauUIETi You said tbeytatiaufartuicd
'
5 A In my opinion, it would be Abex in the Napa boxes.
5 bralx Uniags- He said they don't manufacture
6 yes.
..
6 brake linings.
... .
7 Q.And the basis of that opinion is what? .
7 Q.(btmlawoi? Braked? . .
.
8 AWhat I've been told by Walter Devoe and all the
8 A Back up to yoUrcUgtnsl question. . .
'
9 people that I've associated with when I went to the
10 Srepbenville plant
-'
.9 Q.Strite that. Grrc me one recond, I'm way.
-
n10 ' Axeyou bndliarwith gentlemennamed
11 Q.Again, you have so independent knowledge of that?
11 PaulLacout?
'
'
>'
12 ANo, sir, I do not other than doing changeovers and
12 A Yes.
.'
13. stuff on other product lines. . ' 13 Q.Wut wu blrjob title, u yoo understood It, the ''
14 Q.And Stores that carried napa products, again, could
14 last time jron sxw him or "ftat wan hisjob title?
>. "
-
15 sell other products a3 well, notjust -- I'm not
15 A You mam thelajt tiine I saw trim? -
:
16 talking justbrake linings --
16 Q.Yes.
....
17 AYes.
. 17 voLDaarEYtDoyoatawwUsnaa?
18 Q.-- they could sell a variety of products?
. 18 AJ don't zexliykuow. I'm going Jo lay customer' ' .
19 A Yes.
.
19 sendee, but Pm not sow. It's changed overthe '
'-
20 Q.Sonie of those products could come from a NAPA
20 tost few yeara.
'
V. ' '
21 distribution center?
21 .Q.(mr>tt.ABaor) HewlonghsvoyuuknmraMr. LaocuT? .
22 Alt's possible.
.
23 Q.And some of them did hot?
.
22 A Since probably since '84. t may have failxd with `` -
-
23 him prior to. let's mate find like 1980. - '
..
'4 AYes, it's posable.
24 Q.Qksy.
J Q. Were you aware that NAPA stores, jobbers and the
25 ABe^railn>dMiM c6in>ersaHo<uilfiduk ith'Puul - .
/age 14- Page 17.
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1 on some water pumps. . 1 Industries, were you involved in the purchasing at
2 Q.You mentioned distribution centers. 'What
2 all?
3 distribution -- what locations do yon. remember
3 A-Purchasing?
.
4 these distribution centers; do you remember where
4 Q.Yes.
5 they -were located throughout die country?
5 A.No, not at that time.
6 A-Fot Gap?
.
7 Q.Well, the NAPA, you mentioned NAPAdistribution
8 Q.And what year did you get involved with the
7 purchasing of product?
'.
8. centers or the distribution centers that had the
8 A.Somewhere around '69, maybe '68, '69, some
9 products.
' 9 purchasing.
10 MR. RILEY:. Over what time frame?
' 10 Q.Otaqr. What sort of purchasing were you involved
11 Q.(hy MR. abbot) Let's go from 1966 when yon started 11 then?
`.
12 to 1980.
` 12 A. Once the plant manager took over as general manager
13 A. All right, GAP supplied approximately 14 to 17.
13 of the two plants, I would help out sometime if we
14 Q. 14 to 17 distribution centers?
. 14 were -- say someone was off on vacation or out side
15 A. Yes.
.
15 or something, I would help out on purchasing. I
15 Q.Who owned those distribution centers? -
. . 16 talked with some of die people, I ordered same
17 A. Part of them were owned by Genuine Automotive Parts 17 brake lining.
.'
18 and some of were owned by I diink fee Boltons owned 18 Q.You ordered all different type of products, isn't
19 Des Moines and Dewitt I guess the rest of them
19 that correct?
20 were gap. Only those two were probably Bolton.
20 A. Ordered American Brakebloc.
.
21 Q. Could you, just based oh your rccollecticm, today
21 Q.No, I'm just talking, beyond that, all sorts of
22 let me know, identify far me, where those .
22 productsfrom American Brakebloc?
23 distribution centers were located?
23 A.Sure. I was not a purchasing person. I just
24 A. Dallas, Houston, San Antonio, Kansas City, St
24 filled in.
.
25 Louis, Mount Vernon, Milwaukee, Stevens Point,
25 MB. ABBOT: That's 8ll the questions I
Page 19
: Pat
1 Indianapolis, Grand Rapids, Detroit, Fort Wayne, .
1 haye, thank you.
2 Louisville, Knoxville, and Nashville. I left out
2 MR. DICKEY: I don't have any questions.
3 two, Des Moines and Dewitt.
3 Do you have anything, Pat?
4 . MR. DICKEY: You didn't mean Mount Vernon,
4
EXAMINATION
.
5 Virginia, did you? . .
5 BYWR.RILBY.-
.
6 TOE WITNESS: No.
6 Q.Ijust want to clarify one point. Before the late
7 Q. (BY MB. ABBOT) Of the distribution centers you
7 1980`s, If somebody went into a nabA store and g'
8 mentioned, were there any distribution centers -
8 a box of either brake Hirings or brake shoes or
9 you're aware of that are on the east coast? Those
9 disk brakes fbatt had the NAPA logo on the box,
10 all seem to he in the middle of the United States.
10 whose friction product would be inside that box?
11 a. Central United States. None op the east coast
11 A.Tomyundsrstanding,itwouldbeAbex.
12 Q.Nooe on the east coast?
.
.
12 Q. Okay.
..
13 A-No.
. 13 .
EXAMINATION
-.
14 Q.What about the west coast?
. 14 BY MIL ABBOT;
.
15 A.No,sir.
.'
15 Q.And the basis of your understanding even at dial
16 Q.And, the follow-^ on that, you would have no
16 late time in the late 1980`s --
17 knowledge of the distribution centers m the east
17
MR. RILEY: T said before the late 1980`s.
.
18 coast or who they were buying products from, what 18 Q.(BY MR. ABBOT), I'm sorry, inthat time frame tha
19 they were supplying KAPA stores with on. the east or 19 Mr. Kilery was referencing, die basis of your
20 west coast? .
' . 2fr knowledge for that statement is what?
21 A. It was always my knowledge what I was told, ifthey
2) A. Sometimes I went to these DCs and I could see the
22 woe NaTA, they were buying American Brakebloc.
22' product
.
23 Q. Give me one second. Let me check my notes fora
23 Q.Did you ever see --
..
24 second.
. 24 A.It had American BtakebLoc on the labels. Our 13,
25 In 1966 when you started with Genaut
25 our RS. Afl's all those back in that period of time
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1 had American Brakebloc cm the labels.
2 Q.Badfc --
.-
3 A. So I have to assume it's all American Brakebloc
4 - made the box.
5 Q.Baclc at that time that Mr. Riley referenced prior
6 to the late 1980's, did you purchase any --were 7 any purchases made offriction materials from other ..
8 manufacturers?
..
9 A-No. Abex was a good supplier to os. Theyhadsome
10 problems with like some disk pads later on as far
11 as just probably having.too much business, -weren't
12 able to supply a few part numbers, but that was in
13 toe'90's. We didn't have to go outside.
14 Q.But, again, just to recap, the NAPA stores
15 themselves they were sot required to exclusively
16 carry products that come from the Napa distribution
17 center?
.
18 A.No.
19 Q.So going into a store someone --
-
.
20 A He's an independent busmess peraou. There is no
21 contract.
22 Q.Surc. They would supply basedupon the product 23 that was available and toe like?
.
24 A. I assume. If I was in business, if I couldn't get
i something from my primary supplier, I'd try to find
-
. Page 24
AAnd it was I think a big operation, machine shop .
and everything, they supplied toe Air Farce base
toere, and he bad a lotof knowledge as far as NAPA,
jobbers, and he tried to pass that on to me.
Q. Great
..
MR. CHANAIUS: That's all I have. .
.
MR- DICKEY: Pat?;
..
MR. RILEY: Do you want to have him read?
That's it
.
. MR. DICKEY: We will read and sign.
. Page23
1 something I could selL
1
2 Q.Uh-huh. And that product may or may not bean Abex 2
3 line?
3
4 A.I could not mate a statement on that
4
5 MX. ABBOT. No further questions.
5
6
EXAMINATION
6
7 BYMR-GIANAm.
7
8 Q.Just to clarify, as long as the name NAPA was on .
8
9 toe box, it would be your understanding that it
9
10 would be an Abex lining?
10
11 AYes.
11
12 Q.Wben we talk about historical knowledge, this is
12
13 staff that you learned in your training, is that
13
14 right?
.
. , 14
15 A.Yes.
. . 15
16 Q.Bdng trained to do the job that you've done since ' 16
17 1966, you were taught by people who had been
17
18 involved in this business before you --
18
19 AYes. .
..
19
20 Q.-- about what had gone on, is that right?
20
21 AWalter Devoe, the plant manager, was -- before he
21
22 came and started that plant there at Genaut
22
23 Industries, be ran and operated toe local NAPA
23
; store, company owned, in Fort Worth, Texas.
24
o Q.Qkay.
'
23
Page 25
CHA&toWiAMAlllEW
SDHE0f_
COUNTY OF.
)
me this
. Subscribed and sworn to before . day of __ ____________ , 2004.
. NOTARY PUBLIC My Commission Expires: .
(CASE- In Re: ALL SIMMONS FIRM CASES ON THE MAY 3. 2004, TRIAL DOCKET.-vs- AW- CHESTERTON, aL)
Page 22 - Page 25
JOHN M. BOWEN & ASSOCIATES - (816) 421-2876
SEP. 13. 2004 3:00PM
RWDM iAW FIRM
:
MaW-PageTM
no. 653 P. 9
SEP. 13. 2004 3:00PM ' RWDM LAW FIRM
Multi-Pago1
NO. 653 P. 10
'30's -
64114pj 2:11
cany pj 22:16
Court[4j 13,14,15 2<
650 pi 2:7
-B-
CASBpj 2551
CRRpj 1:12 26533
'30's cl 7:2,15 8:169:14
B pj 2512154
CASES pj 15 2551 current pj 631
'60 pi 930
-7-
B-R-I-T-T-A-I-Npj CCRpl 2635
. customerpj 1738
*66 pi 5:1111:18
707 pj 1:19
'68 p] 20:8
'69 pi 20:8,8
.
8- -
'70 pj 11:18 '70'spj 9:10
816 pj 26:35.
'74 pj 4:6 .
'80'8p) 16:18 '84 p] 4:12 5:1617:22 '90'SPI 16:18 22:13
9-17-39 pj 3:16 9200 p) 1:10 2:10 265
6:8
_
basepj 245
based Pt 12:111851
97-77
basing pi 835
basis pj 12:515:7 16:19 21:15,19.
became pj 653 1155 12:11650
behalfpj 2650
center^ 12:4,1832
customers pj 125
1335 153122:17 . .
centers psj 4:19 1051
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12:1534165183,4,8,8
18:14,1633 1*7,8,17 D pj 2:15
central pj 450351951. Dalepj 755 .
certain pj 1:15 5:3
Dallas pj 12:7133
CERTIFICATE pj
1834 .
26:1 . date pj 335
Certifiedpj i:is 265 DC's pi 2131
-A- belts pj 13:6
certify pj 26:6,24
dealpj 165
-VS p] 1:5 25:22
1" -
10 pj 2:17. 10004 pj 2:4 13th p] 1:9 .14.PJ 18:13,14 15228 pj 2:8
A-L-L-E-N pi 3:10 . Berkshire pj 1:19
AW pj 1:6 2552. AB'spi 21:25
bettor pi 551 beyond pj 2051
Abbot ptj 23,4.17,18 BBT p] 6:1975 12:1 6:6 952 105253 173,7 bigpj 24:1 .
175118:1119:72055 billpj 10:13
21:14,18 235
birth pj 3:15
Abexp7j 7:15,178:11 Bolton pi 1850
855 9510:15 143,10 14:15,24 15:45 21:11
Boltons p] 18:18
change pj 43
changed pj 1759
changcovers pj 1552
changes pj 1653,13
Charles pj 1:82:16 33 3:8325:4 2652
check pj J953
CHESTERTON pj
1:6 2552
.
Chicago pj 453
dealers pj 1353 Defendant pj 152
25
Defendants pj i:7
deposition pj 1:83 10:626373052
Des pj 5:1 1839 19:1
description pi 105 Detroit pj . 193 Devoepj 7:71135,
17pj 18:13,14 1806 p) 134 1959pj 335
225 235,10 able pj. 22:12 Absolutely pj 12:13.
boughtpj 93 Boulevard pj 1:1933 BOWEN pj 1:13
choose pj 1453 Circuit [4i 15,1,15,15 Cttypoj 1:10,11 2:11
15:82331 . Dewitt p] 5:1 18:19 DICKEYpj 1502
1966 pj) 4:M7 8:17,19 addresspj 3:13 834 11:11,12 12:1114:14 affiliated pj 8:14
boxpj 9:6,8 21:85,10 . 22:4 235
431 53 6:4 13:1 1834 265,10
23117:1719:4 213 2450 26:8
15:2 18:111925 23:17 1970 pj 1120
1970'S pi 62505 1974pj 45 1980 pi 17:23 18:12 1980's (4J 21.7,16,17 . 22:6 1984 p] 4:11
1989 pi 1621
aforesaid pj 26:1550 boxes pj 155
clarifypi 21:6 23:8
afterwards pi 26:17 BPIpj 1650
CLAYTON p] 251
again pj 15:11,14 22:14
age p) 35
Airpj 245
.:
brake p7i 5:8 754 95
145.10 153,16 16:1732 1654 17:135,6 20:17 21:8,8
cleric pj 2635
Coast p>) 1055,16.195 19:11.12,14.1830
al pj 1:62552. . . Brakeblocpq 752 8:11 comfortable pj 1057
Allen pj 1:8 2:16 3:1,85 9:1355 105 U33 16:14 Commission pj 2555
3:111053 25:4 26:12
16:16.16 1952205032 companies pj 1354
Alton pj 150
2154 22:13
rompany pj 23 334 .
different pj 2038 DISCUSSION pj
diskpj 213 2250
distribution psj 4: 1030 12:4,15.1832; 13:435 1531163 1: 18:4,73.14,16,23 19: 1937 22:16
DOCKET p) 13 2
donepj 2356
2- -
2004 [$1 13,9 25:1052 2631 206 pj 3:14
always Pi 7:10 8:85 16:13 1951
brakes [S] 955,6 145 15:4165517:7 215
American p) 7518:10 branch p) 452
9:15551051153 16:14 break pj 952
16:16.161952 205052 BRIEFpj 954
6599:1610:1 11:7.10 133 2334
competitors [si 53232 7:439:17
downpj 8:7 Drive pj 3:14 dulyra 33 26:13
consideredpj 13:11 during pj 9:7 l'4:i:
20th pj 2631 21 p] 2:18,18 23 pj 2:19
-33 p] 1:3 2.17 2521 300 pi 2:7
. 2154 22:13 Antonio pj 125135 1854 Aprilpj 1:9 2631 aixrfngpl 83 areapj 13:13 areas pj 13:4 165 associated pj 155
bring pi 165
. contract pj 145 2231
bringing pj 125 ' controversy pj 2635
-E-
brings pj 13:4
conversation pj 852 epj 137,17312:1.1
Brittain [4j 6-55.73
11:17
Brothers pi 65.7.9 '
conversations pi 8:13 1133 17:25
business pij 10:12 12:6 13:1516:35.8^12 22:11
Corporation pj 1034
25531 early pj 16-38
eastpj 13019-3.11 1*17.19
225034 23:18
correct [] 5:24 830 1L-4 Edpj 1033
310 p] 1:10 2:10 265 ASSOCIATES pj 1:13 buy pj 9:4
13-35 14:11 20:19
EDWARD pi 2:4
assume pj 22354
buying pi 16:4,719:18 counsel pj 26:1834
either pj 21:8 265.'
-4411 pj 153
61602pj 1:24 62024 pj 1:20
attorneypj 265536 . 1952-
auto pj 5:6,7
buyout pi 5:16
Automotive pj 4:4 6:18 18:17
available pj 2253 aware pi 1555 195
cpq 1:17 2:1 carried pj 15:14
country [4] 5333 9:16 18:5
Countypj 13,11,16 25:726:4,1030
couple pj 532 1035 14:8
course pj 1233
2637
--
Rlectricpj 334
employed [4] 8:14 . 11:7.8
employee p) 11:3
employer pj 43
endpj 855
JOHN M. BOWEN & ASSOCIATES - (816) 421-2876
Index f
. . SEP.-13.2004 3:00PM
raigfnes - part
RWDM LAW FIRM '
Multi-Page011
NO. 653 P. 11
gmes pj 133
Gianarispij 1202.17 23:18
logopj 215
8:10,1417 92,43.617
etp] 1:6 2522 lew 8:7
W 2527 examinationpij 237
227.1828,19 33 1021 21:4,13 23:626:16 examinedpj 12 26:15
example PJ 12:3 16:4 exceptionp) 421 exclusively pj 13:7
22:15 EXHIBIT pj 222 Eapires pi25;15 explain p) 416,177:19
2:19 3:6 612,13 920fiS 1020 23:7 24:6
given pj 13:12
goes PI 7:12 923
gone p) 23-20
goodp) 1425 225
Grandpi 192
.
Great pi 24:5
grind p] 724 . .
grinder PI 724 83,4 .
gne$s p) 8:12 18:19 ..
goypj 8:5
-H-
Louis pj 1825
10:1011:6,85323312:8
-J- .
Jp) 1:12263,33
Louisville pj 192 loyal pj 1424
12-14,18,193513335
132031333414:18,19 14201533,143035
Jadesonpj ill 26:4,10
1630,10.12182,719:19
jobprj 510.101713,14 23:16 .
jobberP] 12:14,1? 1321
jobbers 0] 8:101323 14181921 1525 24:4
jobbingpi 123 . John pj 1:13 83123 -
JRp) 121
-M-
Mpi 113 machine p] 241 Madison p) ni6 manp) 3:17 managerpj] 5:14,16,17
5:18 622,2324 72 11:15 1125 12:1,4 2012,12
19:2221:75 22:14,16 23333 243 Nashville p] 19-3 national pj 10:11,14
necessarily pj 1430 15:4 ;
needed pj 1332
neverpj 82
Judicial p] 1:1,15
2321
new (0 23,4,4 75,10
manufacture pi 1622 1338
.
expressly pi 26:18
-F-
facility pj 7:10 faetpj 602720 fcuriypi 13:18 familiar pj 10:1417:10 farm 6:14,14 72 83
92213:16,19 22:10242 fcWPJ 1720 2222 tilled p) 2624 FIRMw 12,19 2521 first pj 32
H pj 221
.
Hamilton p] 123
handpj 26:30
HARTSHORN pj 123
Hello p] 1023
:
help'pj 20:13.15
heredfterpj 2621
hereby pj 26:6
hereinbefore pj 26:19
hereunto pi 2629
-KL-
KansaS(6] 1:10 2:1151 13:1 1824 26:10 '
KAREN pj 1:12 263
2633
Kentucky p] 31220
kind p) 12:171611
knewpi 7:11 .
knowledge ps] 6:15 7:6 8:15179:11 12:10,12 15:11 16:19 191721
1624 17:14 manufactured pj 10:8
17:4 .
manufacturers pj 143 22:8 MARCUS p) 121 .
married pj 317 '' material pj 14:15 ,
materials pi 9221324 22:7 .
matters pj 26:14
Nonepj 223 1931,12 Normal pj 433
NOTARIAL pj 263 NOTARY pj 2534 notes pj 1923
nothing pj 33 732 ' Notice pj 13 nowpj 1359.4311323 numbers pj 2212 numerous pi 13:6
HEWITT pi 2:6
high PI 322 8:3 historical [] 61015
2120 23:12 243 26:14 may pj 13.121722 232
knowledgeable pj 102 232 2531 26333
13:17 .
MCNULTY pi 2:6
-Oobtained pj 1133
tits PI 10:13 ; l*lyingpi 122
jBespl 8:8
8:15 9:11 14:13 2312 historically pj 833
history pi 333
known pi 105 1721 Knoxville pi 19:2
mean p] 17:1519:4 . affpj 2034
.
meetings pj 720
off-the-record
mentioned pj 82U12 PJ 142
.
follow-up pj 19:16 follows p] 3:4 Force Pi 242 foregoing pj 26:7 foreman pi 5:i2 Fortpj 19:1 2324 forth pj 12226:19 frame pi 14:12 18:10.
21:18 Franks pi 8:6 free p] 1422022 . faction p) 9:12,821:10
22:7 .
-o-
GAPpj 4334-625 73 18:6,1320
Genautpi 4222,1652 5:20 6:17 1925 2322 Gcnaut'sp] 6:15 . .
hopefully p] 16:8
hosesp) 13:6
Houston p] 12:43132 1824
Hovingpj 123
-I-
identify p) 18:22 . Illinois pi 11162024
including po 5:89:16
independent pi 1320
15112220
.
Indianap) 8:7 .
Indianapolis pi 620
8:619:1
.
individtialpi 1314 14:8 .
individuals p] 1114
Industries pi 413,10 4:17 20:12323 , .
-L-
LX.C p] 11019 25 265 . LXJPpj 23 label p] 9:6 labels pi 2124 221
11:1112:14182,719:8 Merit p] 2634 messedpi 82- :*> Metropj'324 midp] 325 middle pj 1930
lack pj 520 .
MHwankeep] 1825
Lacourp] 171131
nrindpj 10:1
lastpj 11:19 1714,1520
Missouri pj lll 2.il
262,1135
.
latCW 16:18.18 21:6,16 2116,17 22:6
Moines pj 5:118:19 193
Lawp) 15 lawful pj 32
. MOORE pj 110 25 26:8 . ... '
learned pj 2313
Moiganfieldpj 3:12 -
leftpi 192
320 43,6 515151 .
level pi 10:11
. mostpj 420 102 14:4
line p] 1622 233
1423 .
;.
lines PI 15:13 .
Mount pj 183519:4
lining pi 141120:17 moved p] 5:14
office pj 2630 Offices pj 1:10 26:8 Oklahoma pj 4216:4 . oldp] 7:8 old-timers pj 75 85 Oncepj 2032 . onePI 525 632,4 82
173 1923 21:6 ongoing pj 163
bperatedpi 2323 . operation pj-24:1 opinion pj 15:5,71635 ordered p] 2036,1830
organization pj 10:12 original pj 173 otherwise pj 2627 outside pj 1622233 ownpj 1622173
owned pj 1330,1018:16 1837,18,18 2324 .
general pi 5:17,18 624 information p] 1112. 2310
1125 20:12
1122 .
.
linings pi] 5:8 142.153
-N-
genexallyp] 1031
inside p] 21:10 22:4
gentleman pj 725
interchangeably p]
gentlemen pj 17:10
103
Genuine pi 2:5 4:3 525 interested pj 26.-27
" Vl8 7:13 11.-721622 introducing pj 8:8
. i:17
involved pj 20:1,6.10
f ...
______
15:16 161723.24 1713
173.6 213
npi 1:1720 2:1,15
*" p|5J 1:17,17 23,1,4
.
live p] 3:11,12
namep] 32 8310:23
115 23:8
padspj 22:10
.
local pj 2323
named pj 725 17:10 ' PAGEpj 2:1632 .
located p] 18:523 locations p] 131 18:3
NAPAp7] 438,19 5:4 523 6:1635 73,11,12
Parkway p] i:i0 2:10 263 .
partpj 1:8 42434 637
Index Page 2
JOHN M. BOWEN & ASSOCIATES - (816) 421-2876
SEP. 13.2004 3:01PM RWOM LAW FIRM
Multi-page Tbt
NO. 653 P. 12
particular - WC
16:3 18:17 22:12 particular p] 13:1,12
.!<t
-s- stipulation pj 26.-7 Stock pi 13:11 .
todayp] 45 15:118 togetherpi 1201
parts po] 2:54:4,23 5:6 questions pj 1005148 S.P] 1:17 2:101
stockedpi 13:11
too pi 22-,u
5:705 6:19 7:149:8,36 11:7512:805 133,3.6 14:5 1632 18:17 .
p1y PI 26:25,26,27
2005 210 235 -R-
sale P] 10:8
Saapj 12513:2 1804 -
Sankp] 403
..
Store pij 9:4 1200 13:16 tookp] 20:10
13:17 145,16153 16:10 21:7 22:19 2304 Stores p.6] 605 12:8305
trade pg .1151304 trained Pi .23:16
passp] 24:4
IPJ 1:17 2:10
sawp] 17:14,15
past(i] 12:15
RAICHLEp) 101 School pi 302
Pat pi 21:3 24:7
ran pi 2303
Schoonoverpj705
PATRICK 2:8
Rapids p] 19:1
SCOTT P] 10305:
Panlpj 17:1105
RASMUSSENpj 1:10 scalp] 26OO .
pending p] 1:15 Pennsylvania (ij 2:8
people m 8:4.14 12535 12:704155 20:1623:17
Peoria pi 104 . period p) 9:7 2105 person pj 9:410:7.13
2003 2200
2526:8
.
Raylocpi 3:20 4:7,i3 4:1411031605 .
Rep] 102501
-
readDi 105 24:8,10 2601
really pi 7:1180 .17:18
reason pi 6:22
second w 903 175
190304
.
section pi5J
seem 7:iO 210133
seemp] 19:10
sell pi 15:15,18 23:1 .
selling p] 11516:1,10
service p] 17:19'
personal pi 1202 Pittsburgh p] 2:8
recap pj 22:14 RECESS p) 904
setpj 703 26:1909 Shoes p] 704 21:8
Plaintiffs p] 1:45,18 recollection pi isoi Shop P] 24:1
plantps] 5:12,14,15 6-02 reference pi 130O
shorthand p] 1.15 26:6
1333,830900 15:1405 165,1219:19 22:14
Strikep] 175
StuffR] 15:13 23:13 .
Subsctibedp] 253 .
subsidiary P] 43 6:18
601 .
.
successorp] 10:10
Suitpj 26:28
.
Suitepj 1:1004 2.-7.10 265
superpj 13:19
suppliedoi] 409 503 605 7:1,5 9.-70.1707 18:13 240
supplicrpoj 5:4,69:1
140535 150 16:1700
22505 ' .
.
trainingpj 802,13 23:13
TRIAL p] 13 250?
triedpi 24:4.
truth 4] 333,4 26:1-
trypi 163 2205
trying t*i 7:1103 12
16:11
.
Tuesdaypj 15
Tulsap) 402
twow 604 180019
20:13
.
typepj 20:18 typed pi 26:17
-U-
understood p] .170
603 70.75 11:1512:1,1 referenced p] 225 . 26:16
suppliers pi 133.
Urritp) 403
15:1020:12 230102 referencing pj 2i:i9 show [1] 16:6
supply t] 1001205 United p] 4O019-.K
plants m 604 12016as regarding pi lOO
side p] 20:14.
130,12 22:1201
units p] 6016:6
20:13
Registered p). 2604 signpj 24:10
Supplying p] 19:19 Upp] 403 703 173
Plaza pi 20
regularpi 120
signed p] 2601
SWAIN P) 103
usedpj 1203
Pnetnno-Abexpj 102 201004 . pointp] 1805 21:6
possible pi 150204 ' presentpj 5;ii
presentment pi 26:17
primary pj 1600 2205 problems pi 22:10
prodneedpj 1:8 16:6
product pj 7:1J3:4 15:13 16:1120:721:10 2102 2202230
production p] 703
products cm $0010:8 15:14,15,180016:1185 19:18 20:180222:16
promotedpi 603
properp] 501
relationship pj 4:18 6:158:10 .
SIMMONS pi 10,19 2501
relationships p) 1103 sisterp) 602
SWETTZERpi .2:6
sworn pi 10 30 255 26:1302
relative pi 2605
situationp] 9:15
lemanufacttuedHl 5:7 SMITHp] 20
-T-
7:113:614.-5,
remember pi 85 lfio,4
Reporterpi 1:15 26:6 2604
Reporters [1] i:i4
represent p] 1004
representative p] 702
representing p] 113
required pi 1303 22:15
rest p] 405 18:19 .
retail pi 12:19 13:16,17
145,16
.
soraeonew iso 16:4 Tpj 201
20:14 22:19 sometime [i] 20:13
Sometimes ni 2101
taught pi 23:17 teach pj 7:11 teaching PI 8:1203
somewhere p] 9:13 20:8 TEDp] 100
.
Sony cq 8:6 1700 21:18
SOffp] 20:10
.
sorts pj 2001
telling p) 85. tempi 50101 tannedpi 7:4
sources pi 801
terminology 1] 1301
speed pi 80
testified p] 3:4
SSp] 25:6
testifypj 26:13 .
retainedpi 2603
Stp] 1804
TESTIMONY pi
J
-V-
vacationp] 20:14 Valleypi 3:14 variety pi 1538 . Vernon pj 180519: Villagep) 453 Virginia pj 195
-W-
Wpi 105 waived PI 26:18 WaXHai p] 13:14 walked p] 145 ISO Walter pi 7:6,23 11:
15:82301
Wardpj l:10 2:10 2f
provide pi 12:17 PUBLIC Pi 25:14
rewind pi 301 . tighter) 602 8:1802
Standard pi 402 60 Start pj 12:22
2609 Texas pi 40 2304
warehouses p] 120 Washington p] 2:7
pumppj 16:13
pumps iq 140216:4.7
18:1 .
purchase [4] 1304 140
1402 22:6
.
purchased pi 145 15:3
purchases p] 22:7
purchasing po] 14:10 14:15 15:4 20:13,75.10
20:1503 . .
pursuant Pi 15 26:7
12:16 18:13 23:1400 .
Riley psj 2:6,8.18 6:8,10 170,418:1021:5,17.19 22:5 24:8
BJM3R.pi 1:12 26033 Roadp] 2:7 '
ROBERT pj 105
roughly pi 11:16
RSpj2105 . running p] 12:2
Started p] 8:1704 18:11 1905 2302
Starting pi 5:1075
state j 1:11 3:725:6 .260,1031 statement pi 210O23-.4
States pj 4001900,11
Stenographer fi] 2606
Steubenville pj 40 7:8 701 15:10
thank pj 21a . waterS] 140216:4.7
Thanks pi 1000
18:1
.
themselves pj 22:15 Wayne pi 19:1
thereafter p] 2402 Third pi 1:1,15 .
We8t4] 10:15,16 19:3 1900
Ihreep] 2:3
WHEREOF pj 26:2
through 7] 4055:10 whole 2j 3:3 26:14
804 9:10 10:10 11:13,18 wholly-owned pi * throughout 4] 400 502 6:1801
9:15185 -
William PI 1:82:16
Stevens p) 1805
title pj 17:13,14,17
3:85 25:4 26:12
Still pj 4.8 5:18 1405
JOHN M. BOWEN & ASSOCIATES - (816) 421-2876
Index Pa:
SEP. 13.2004" 3:01PM
WILLIS - Yoik
RWDM LAW FIRM
Multi-PageTM
NO. 653 P. 13