Document 82KKaDrNRnNZjggMgm3vLLO2Z

Superior Court of the State of California For the County of Los Angeles TRANSWESTERN PIPELINE ) COMPANY, ) Plaintiff, ) ) ) vs. ) ) MONSANTO COMPANY and ) DOES 1 through 200, inclusive, ) Defendant. ) ) Case No. BC 026959 September 4,1992 Deposition of ROGER E. HATTON, taken on behalf of Plaintiff. GORE REPORTING COMPANY Boatmen's Tower, Suite 1175 -100 North Broadway St Louis, Missouri 63102 HARTOLDMON0041194 > 1 Superior Court of the State of California 2 For the County of Los Angeles 3 4 TRANSWESTERN PIPELINE ) 5 COMPANY, ) 6 Plaintiff, ) 7) 8 v. ) No. BC 026959 9) 10 MONSANTO COMPANY and ) 11 DOES 1 through 200, ) 1 2 inclusive, ) 13 Defendants. ) 14 15 16 17 1 8 Deposition of ROGER E. HATTON, 1 9 taken on behalf of Plaintiff, at the offices 2 0 of Bryan, Cave, McPheeters & McRoberts, 500 2 1 North Broadway in the City of St. Louis, 2 2 State of Missouri, coininencing at 9:00 a.m. on 2 3 the 4th day of September, 1992, before 2 4 J. Bryan Jordan, certified shorthand reporter 2 5 and notary public. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 2 HARTOLDMON0041195 1 APPEARANCES: 2 3 FOR THE PLAINTIFF: 4 James P. Tallon, Esq. 5 Shearman & Sterling 6 21st Floor 7 725 South Figueroa Street 8 Los Angeles, California 90017 9 (213) 239-0300 10 1 1 FOR THE DEFENDANTS: 1 2 Donald F. Zimmer, Jr., Esq. 1 3 Bronson, Bronson & McKinnon 1 4 505 Montgomery Street 1 5 San Francisco, California 94111-2514 1 6 (415) 986-4200 17 18 19 20 21 22 23 24 25 GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 3 HARTOLDMON0041196 1 INDEX 2 PAGE 3 EXAMINATION BY MR. TALLON 5 4 5 6 EXHIBITS 7 8 Plaintiff's Deposition Exhibit 673 ... 17 9 Plaintiff's Deposition Exhibit 674 ... 20 10 Plaintiff's Deposition Exhibit 675 ... 2 8 1 1 Plaintiff's Deposition Exhibit 676 ... 3 3 1 2 Plaintiff's Deposition Exhibit 6 7 7 . . . 4 1 1 3 Plaintiff's Deposition Exhibit 678 ... 4 4 1 4 Plaintiff's Deposition Exhibit 679 ... 5 0 15 16 17 18 19 20 21 22 23 24 25 GORE REPORTING COMPANY - ST. LOUIS, MISSOURI HARTOLDMON0041197 1 Whereupon. 2 ROGER E. HATTON 3 of sound mind, having been first duly sworn 4 to tell the truth, the whole truth, and 5 nothing but the truth in the case aforesaid, 6 testified upon his oath as follows, to-wit: 7 EXAMINATION 8 BY MR. TALLON: 9 Q. Good morning, Dr. Hatton. 1 0 A. Good morning. 11 Q. I know you've testified in this 1 2 case once already. but just s o that we're 1 3 sure that we're in the same zone for purposes 1 4 of this deposition, I wonder i f you could 1 5 just tell me, were you in the Functional 1 6 Fluids Group of the Industrial Chemicals 17 Section of Monsanto at any time in your 1 8 career with Monsanto? 1 9 A. Yes. 2 0 Q. And when did you begin in the 2 1 Functional Fluids Group? 2 2 A. I joined the company in '46; would 2 3 have been sometime during '48. 2 4 Q. And from '48 --and approximately 2 5 when did you terminate your responsibilities GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 5 HARTOLDMON0041198 1 with the Functional Fluids Group? 2 A . I had some functions up until I 3 retired in 1 9 8 2, from part to almost nothing. 4 Q During the period between 1948 and 5 1982, did you have -- was there a period 6 during which you had responsibility for, 7 among other things, communicating with Texas 8 Eastern Transmission Corporation? 9 A. Yes, mm-hmm. 1 0 Q. And over what period of time would 1 1 you say that you had that responsib i 1 i t y ? 1 2 A . I d o not remember the da t e s 1 3 exactly , but i t was quite a period of time 1 4 Q. We -- I just didn't happen to 1 5 bring your last deposition transcript with me 1 6 because of limited space in my briefcase, but 1 7 would it be fair to say that your 1 8 responsibilities with respect to Texas 1 9 Eastern began in the late Fifties? And if 2 0 you don't have a recollection, you can also 2 1 say that. 22 MR. ZIMMER: Well, I'm sure that 2 3 was adequately covered in his first session, 2 4 Counsel. 2 5 MR. TALLON: Right. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 6 HARTOLDMON0041199 1 MR. ZIMMER: Well, I want to make 2 my point clear. I'm letting you take care of 3 these housekeeping matters as you term them, 4 but this isn't properly in the scope of what 5 we agreed to produce him for today, so why 6 don't we defer to his f i r s t trasncript. 7 MR . TALLON: I ' m just trying to - 8 MR . ZIMMER: Well , it's on his 9 first transcript, is my point . 1 0 MR . TALLON: I just want to lay a 11 foundation to the quest ion. 1 2 MR . ZIMMER: For what, is what I 1 3 don't understand. 1 4 MR . TALLON: So I know we're 1 5 talking about the same time period. Why is 1 6 it a big deal? 17 MR . ZIMMER: I'll stipulate we're 1 8 talking about the same time period he talked 1 9 about in his first deposition. 2 0 MR. TALLON: If the witness can 2 1 answer his question, let him answer. 2 2 MR. ZIMMER: I'm not going to let 2 3 him answer much more on this area. . That's 24 the point. We're not here to do that. We're 2 5 here to talk about five different documents. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 7 HARTOLDMON0041200 1 MR . TALLON: Fritz, we're not 2 talking about five different d o c u m e n t s . 3 MR . ZIMMER: That ' s , i n d e e d , what 4 we're talking about, if you want to call your 5 office, if you want to call your off ice and 6 have him read the letters to you. 7 MR . TALLON: What I want to do is 8 call Stillwell 9 MR . ZIMMER: That ' s fine. too 1 0 I'm going to pull him out of here if you 1 1 don't want to continue per the agreement that 1 2 I reached with your off ice. 1 3 MR . TALLON: Do you have a written 1 4 agreement with our office? 1 5 MR . ZIMMER: I s u r e do. 1 6 MR . TALLON: May I have it? 1 7 MR . ZIMMER: Yea h . Why don't we 1 8 have copies made and marked a s an exhibit? 1 9 I'll note for the record that, 2 0 among other things, the primary letter from 2 1 your office concerning the scope of Dr. 2 2 Hatton's continued deposition is of May 28, 2 3 from Saied Kashani . I'd like to make a copy 2 4 of this before we mark it because I've got 2 5 highlighting on it, but I'm happy to show it GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 8 HARTOLDMON0041201 i 1 to you in this form. 2 MR. TALLON: Well, you can go to 3 the receptionist and ask her to make a copy 4 for you. 5 MR. ZIMMER: There are also other 6 letters that were exchanged that I don't 7 happen to have copies with now, but if I need 8 t o , I can be happy to have them faxed he re so 9 w e can mar k them to the deposition, but you 1 0 can take a look at that and particularly, the 11 second -- 1 2 (Mr. Tallon peruses said 1 3 document.) 1 4 MR. TALLON: Where do you see a 1 5 reference to a limitation to five documents 1 6 in here? 17 MR. ZIMMER: "Such deposition will 1 8 be limited to inquiry regarding subjects 1 9 raised by the new1y-produced documents, 2 0 including Dr. Hatton's knowledge of the 2 1 development of Turbinol and the operation of 2 2 the compressor equipment." 2 3 MR. TALLON: Okay, yeah. 2 4 MR. ZIMMER: I have also further 2 5 limited that in my correspondence to Mr. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 9 HARTOLDMON0041202 1 Kashani, which was accepted without 2 challenge . 3 MR. TALLON: What correspondence 4 are you referring to? You are referring t o 5 your letter of the other day which said that 6 you were going to limit this deposition to an 7 hour ? 8 MR. ZIMMER: No, I said that I 9 would limit it to the topics agreed upon and 1 0 that I, therefore, expected that it would 1 1 take an hour or so. 1 2 MR. TALLON: You better get your 1 3 correspondence out, Mr. Zimmer, because this 1 4 letter says that after Dr. Hatton's 1 5 deposition, Texas Eastern produced a large 1 6 number of documents pertaining to the 1 7 development of Turbinol, including 1 8 correspondence between Dr. Hatton and Texas 1 9 Eastern employees, and then it cites, "For 2 0 example, five documents," and then goes on to 2 1 discuss some of those documents. Nothing in 2 2 this letter limits the scope of this 2 3 continued deposition to five documents. 2 4 MR. ZIMMER: Well, all the Bates 2 5 numbers and stamps of the documents are GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 10 HARTOLDMON0041203 1 referenced in this lett e r , and t h ey 2 constitute five differe n t ones. 3 MR. TALLON: Yes, and it c i t e s 4 those as e x ample. You' 11 recall that "See 5 e . g . " is a signal that says "See ergo 6 gratia," the Latin for "For example." 7 MR. ZIMMER: Th ank you for the 8 Latin lesson. 9 MR . TALLON: Sure, anytime 1 0 MR . ZIMMER: But why don't 1 1 rather than devolve into further debate about 1 2 this, see how far you are going to go, and if 1 3 I think it's beyond the scope, I'll simply 1 4 instruct him that, but I was letting you know 1 5 early that the things that you are covering 1 6 at the outset werecovered more than 1 7 adequately in the first session and we are 1 8 not producing him for a rehashof those 1 9 subjects . 2 0 MR. TALLON: And I do not intend 21 to rehash any subjects.I do intend to 2 2 examine Dr. Hatton with respect to a limited 2 3 number of documents from among a large number 2 4 of documents produced by Texas Eastern, 2 5 including Monsanto correspondence that was GORE REPORTING COMPANY - ST. LOUIS, MISSOURI HARTOLDMON0041204 1 not produced by Monsanto before Dr. Hatton's 2 deposition, documents we didn't have before 3 Dr. Hatton's deposition, some of which were 4 cited for example in that letter of May28, 5 1992, which you have put on the table. 6 MR. ZIMMER: Well, I would be 7 surprised if all those that your office 8 considered important wouldn't have been cited 9 in this letter, but all I can tell you is 1 0 that my discussions about this and 11 correspondence with Mr. Kashani of your 1 2 office would limit the scope of his 1 3 deposition to the letters cited in here and 1 4 the subjects that are mentioned by Mr. 1 5 Kashani. 16 MR. TALLON: Well, you wrote a 1 7 letter to Mr. Kashani earlier this week 1 8 saying that you intended to limit this 1 9 deposition to an hour. If it wasn't clear, I 20 categorically reject that. You have no power 2 1 to limit my questioning to an hour based on 2 2 your determination of how long you think it 2 3 oughttotake. . 2 4 MR. ZIMMER: Well, as I indicated 25 before, I didn't limit it to an hour. I had GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 12 HARTOLDMON0041205 1 said that the subjects would be limited per 2 your office's representation, and I estimated 3 that that would take an hour or so, so let's 4 have that straight, and as far as my right to 5 limit your questions, we'll see about that, 6 because we're going to get up and walk out if 7 i t exceeds the limit of what we have agreed 8 t o produce him f or . 9 MR . TALLON: Well, we called for 1 0 the continued deposition of Dr. Hatton 1 1 because after the date of Dr. Hatton's 1 2 deposition, Texas Eastern Transmission 1 3 Company produced a number of documents which 1 4 were not available -- 1 5 MR. ZIMMER: That's correct. 1 6 MR. TALLON: -- before Dr. Hatton's 1 7 deposition. I have some of those with me 1 8 today, and I have attempted to limit the 1 9 scope of those severely in order to not 2 0 bother Dr. Hatton with additional deposition 2 1 questions after he's gone through the 2 2 deposition in this case. 2 3 MR. ZIMMER: Let's go through some 2 4 of them and we'll consider the -- 2 5 MR. TALLON: Excuse me, Mr. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 13 HARTOLDMON0041206 1 Zimmer, I'd appreciate if you would show me 2 the courtesy of letting me finish a statement 3 before interrupting. 4 MR. ZIMMER: I'm sorry if I 5 interrupted you. 6 MR. TALLON: Thank you. 7 I intend to go through these 8 documents. If you try to inordinately 9 restrict the scope of the deposition, Iwill 1 0 have no hesitation to call Judge Stillwell or 1 1 Judge Wisot, because the way that you have 1 2 approached this deposition so far is not a 1 3 good sign, refusing to permit the witness to 1 4 even answer the question of if he's able to 1 5 state whether his responsibilities with 1 6 respect to Texas Eastern began in the late 1 7 Fifties, which was solely for the purpose of 1 8 giving the witness.a frame of reference for 1 9 the questioning which was to come. 2 0 MR. ZIMMER: And given the 2 1 stipulations I offered, also completely 2 2 unnecessary, but if you feel the need to call 2 3 either Judge Wisot or Judge Stillwell, you 2 4 are welcome to do so. 2 5 MR. TALLON: Is there a problem GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 14 HARTOLDMON0041207 ,, | 1 with having the witness -- 2 BY MR. TALLON: 3 Q . Can you answer the question of 4 when you started? I mean, yes or no. 5 MR. ZIMMER: I didn't instruct him 6 not to answer it. I simply wanted to make my 7 objection clear as to what I considered the 8 proper scope of this deposition. 9 MR. TALLON: And are you -- you 1 0 have stipulated that his responsibilities for 1 1 dealing with Texas Eastern began in the late 1 2 Fifties? 1 3 MR. ZIMMER: Began when they said, 1 4 or rather when he said they did in his first 1 5 session. 1 6 MR. TALLON: Fritz, I just want to 17 have a time frame with the witness. 1 8 MR. ZIMMER: Okay. Well, let him 1 9 tell you what he's told you before, if he 20 remembers. 21 MR. TALLON: That would be very 22 nice. Thankyou. 2 3 A. It began in the late, middle to 2 4 late Fifties. I do not have a date or 2 5 anything . GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 15 HARTOLDMON0041208 i 1 MR. TALLON: Thank you. That's 2 all I wanted to have from you, Dr. Hatton. 3 When you began work in the 4 Functional Fluids Group with respect to Texas 5 Eastern, did you perform or have performed at 6 your direction any tests with respect, to the 7 solubility of any functional fluid being sold 8 to Texas Eastern in methane? 9 A. I don't recall that. 1 0 Q. Do you recall, when you began work 1 1 with respect to Texas Eastern, whether you 1 2 learned of tests being performed with respect 1 3 to any functional fluid that was sold to 1 4 Texas Eastern with regard to its solubility 1 5 in methane? 1 6 A. I have no recollection. 1 7 Q. All right, let me show you a 1 8 document produced by Texas Eastern 1 9 Transmission Company on Monsanto Chemical 2 0 Company staionery, dated September 3rd, 1958, 2 1 and which bears production numbers 2 2 TW2-2006487 through 6491, and we'll ask the 2 3 court reporter to mark this as the next 2 4 exhibit in order, which is number 673. 25 . (Plaintiff's Deposition GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 16 HARTOLDMON0041209 1 Exhibit 673 marked for 2 identification.) 3 BY MR. TALLON: 4 Q Doctor, you may P 1 e a s e t a k e a s 5 much time a s you f e el n e c e s s a r y to r e v i e w 6 this copy o f the 1 e 11 e r I ' v e put b e f ore you 7 as Exhibit 673. It is not a particularly 8 clear copy, but I suppose we have its age to 9 thank for that. I am mostly interested in 1 0 asking you whether your review of the first 1 1 and second pages refreshesyour recollection 1 2 as to any knowledge you have with respect to 1 3 tests performed regarding the solubility of 1 4 methane in OS-81. 1 5 (Witness peruses said 1 6 document. ) 1 7 A . First two page s ? 1 8 Q Well, yes , and please feel free to 1 9 the balance of the 1 etter if you think 2 0 that would be helpful to you, but my specific 2 1 question to you is whether your review of the 2 2 first two pages refreshes your recollection 2 3 as to any knowledge you had with about tests 2 4 performed by Monsanto regarding the %\ 2 5 solubility of methane in OS --t-8-. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 17 HARTOLDMON0041210 1 A. I do not recall these experiments. 2 They were -- it is a type of experiment which 3 my men would have done, which we had the 4 equipment for determining solubility of air 5 and other gases in fluids. 6 Q. And by your men, you are referring 7 to what group o f people, Doctor? 8 A . I had a group of chemi s t s , 9 technicians, working for me as a group 1 0 leader. 1 1 Q. And did James Davis report to you? 1 2 A. No. Jim Davis worked in the 1 3 Development Department, and this report would 1 4 have been given to him for transfer outside 1 5 the company. 1 6 Q. One other question, Doctor, to 1 7 refer specifically to see if it jars your 1 8 recollection. On page 2, there's a reference %\ 1 9 to saturation of OS - -1-8 at 1,000 psi. Do you 2 0 see that? 2 1 A . Yes. 2 2 Q Does that refresh your 2 3 recollect ion as to any kind of testing done 2 4 for Texas Eastern by Monsanto regarding 25 OS-81? GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 18 HARTOLDMON0041211 i 1 A. That property was, if requested by 2 Texas Eastern, the data would have been 3 suppl i ed. 4 MR. ZIMMER: Doctor, his question 5 was, if it refreshed your recollection that 6 that sort of testing was done for Texas 7 Eastern. 8 A . No . 9 MR. TALLON: No recollection? 1 0 A. No recollection of -- 1 1 BY MR. TALLON: 1 2 Q. In general, do you have any 1 3 understanding as to why such testing would be 1 4 performed by Monsanto? 1 5 MR. ZIMMER: Calls for 1 6 speculation, lacks foundation. 17 A. In response, such information 1 8 would be determined at the request of a 1 9 customer. 2 0 BY MR. TALLON: 2 1 Q. Do you have anyunderstanding of 2 2 the purpose for determining the solubility of 2 3 methane in OS-81? 2 4 A . No . 2 5 MR. TALLON: Let me show you GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 19 HARTOLDMON0041212 I 1 another document, Doctor, to see if it 2 enhances your recollection in any respect, 3 and this is a document produced by Texas 4 Eastern, bearing production numbers 5 TW2-2004024 through 26, and it's a letter on 6 Monsanto Chemical Company staionery dated 7 July 31, 1958. I'm going to ask the court 8 reporter to mark that as Exhibit 674. 9 (Plaintiff's Deposition 1 0 Exhibit 674 marked for 1 1 identification. ) 1 2 BY MR.TALLON: 1 3 Q. Doctor, please take such time as 1 4 you feel you you need to review this two and 1 5 a half-page letter. I'm particularly 1 6 interested in asking you whether yourreview 1 7 of the second full paragraph on page 2 1 8 refreshes your recollection in any respect as 1 9 to tests performed by Monsanto regarding the 2 0 fluid physical properties on OS-81, 2 1 saturating it with natural gas. 2 2 (Witness peruses said 2 3 document.) 24 A. The second paragraph is the one of 2 5 interest? GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 20 HARTOLDMON0041213 -, i 1 BY MR. TALLON: 2 Q. The second full paragraph, which 3 is the one that begins, "We have determined 4 the effect on fluid physical properties of 5 saturating it with natural gas." 6 A. Yes. 7 Q. Did you see that? 8 A . Yes. 9 Q. And my specific question to you, 1 0 Doctor, was whether that particular paragraph 11 oranything in this letter refreshed your 1 2 recollection of any tests performed by 1 3 Monsanto regarding the effect of -- pardon 1 4 me, the effect on fluid physical properties 1 5 of saturating OS-81 with natural gas. 1 6 A. It does not strike a chord of 1 7 memory of that specific information. 1 8 Q. Do you -- I'm not sure I 1 9 completely understand your answer. Do you 2 0 have any knowledge with respect to tests 2 1 regarding the saturation of OS-81 or other 2 2 Functional Fluids with natural gas? 2 3 A. Not beyond my previous answer. 24 Q. By that, you mean your previous 2 5 answer just today? GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 21 HARTOLDMON0041214 1 A. To the previous exhibit. 2 Q. And I'm sorry if I seem confused, 3 but I understood you to say that if such a 4 test had been requested, it would be 5 performed? 6 A . Yes. 7 Q. And that is the extent of your 8 knowledge? 9 A. Yes. 1 0 Q. In other words, you don't have any 1 1 personal recollection of such testing being 1 2 done? 1 3 A. I do not. 1 4 Q. Doctor, in the late 1950's, did 1 5 you personally discuss with the Gas Turbine 1 6 Division of General Electric the requirements 17 for gas turbine lubrication? 1 8 A. Yes, mm-hmm. 1 9 Q. And with whom did you communicate 2 0 at General Electric? 2 1 A. I don't remember a name. 2 2 Q. Do you remember the physical 2 3 location of the persons with whom you spoke? 2 4 A. Schenectady. 2 5 Q. And actually, my previous question GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 22 HARTOLDMON0041215 1 may have assumed a fact in error. Did you 2 actually speak with representatives of the 3 Gas Turbine Division of General Electric or 4 was it -- or did you have communications in 5 writing? 6 A. It was a visit to their site and 7 face-to-face discussions. 8 Q. Were you a part of the visit to 9 their site and the face-to-face discussions? 1 0 A . Yes. 1 1 Q. Were you accompanied by Mr. Davis? 1 2 A. I do not remember specifically in 1 3 this case. 1 4 Q. Well, do you notremember 1 5 specifically who accompanied you of you do 1 6 not remember specifically whether Mr. Davis 1 7 accompanied you? 1 8 A. I do not remember even if I was 1 9 accompanied. 2 0 Q . And do you h a v e any ability t o 2 1 recall whether you were meeting with on e 2 2 person or more than one person at G e n e r a 1 2 3 Electric? 2 4 A. Several. ` 2 5 Q. And I take it from your prior GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 23 HARTOLDMON0041216 1 1 answer that you are not today able to recall 2 the names or identities of any of those 3 persons? 4 A. It's thirty-four years ago. No. 5 Q. Okay. Do you recollect whether 6 you were provided by, or rather, with any 7 written materials by the Gas Turbine Division 8 of General Electric at the time of your 9 visit? 1 0 A. No. I just don't remember. 1 1 Q. And can you state in brief the 1 2 purpose for that visit? 1 3 A. To, to discuss the requirements, 1 4 physical and chemical requirements of 1 5 lubricants for gas turbines. 1 6 Q. And was that, was the acquisition 1 7 of that knowledge important to any job 1 8 responsibilities that you had to discharge? 1 9 A. It was very useful. 2 0 Q. In what respect? 2 1 A. To further define the physical and 2 2 chemical requirements of the materials we 2 3 were developing. 2 4 Q. To further refine or define? 2 5 Excuse me; I didn't catch that. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 24 HARTOLDMON0041217 1 A. Tofurther refine. 2 Q. And to what purpose was that 3 refined knowledge put? 4 A. To select the specific materials 5 of interest in developing the lubricant. 6 Q. I understand that this is some 7 years ago, Doctor, but do you have any 8 ability to state approximately when that 9 interest took place? 10 A. No, I don't have. 1 1 Q. Do yourecall recording any 1 2 memoranda or other information developed 1 3 during your visit, for use by your colleagues 1 4 in working with gasturbines? 1 5 A. A call report would have been 1 6 written. 1 7 Q I f you were the only pe r s on o n 1 8 that trip , i f t h a t ' s a correct s t a t e m e n t 1 9 based o n your t e s t i m o n y , would t h a t c a 11 2 0 report have emanated from you? 2 1 A. Yes. 2 2 Q. Do you recollect whether the 2 3 information you acquired in that visit to 2 4 General Electric to meet with their Gas . 2 5 Turbine Division employees was used in the GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 25 HARTOLDMON0041218 i 1 process of selling OS-18 or other functional 2 fluids to Texas Eastern? 3 A. Wouldyou repeat that last part of 4 that question, please? 5 Q. Do you recollect whether any of 6 the information you acquired during that 7 visit with the Gas Turbine Division employees 8 of General Electric was useful to you in 9 dealing with Texas Eastern Transmission with 1 0 respect to OS-81 or other functional fluids 1 1 sold to them? 1 2 A. Yes. 1 3 Q. Doctor, do you have any present 1 4 recollection of having performed any tests on 1 5 determining whether protective coatings such 1 6 as epoxy or nylon-based products were 1 7 resistant to OS-81? 1 8 A. I do not recall personally doing 1 9 any such tests. 2 0 Q. Do you have a recollection that 2 1 you requested others reporting to you to 2 2 perform such tests? 2 3 A. I do not have a specificmemory 2 4 that I did. 2 5 Q. When you state in your answer that GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 26 HARTOLDMON0041219 1 you don't have a specific recollection, are 2 you indicating that you have a generalized 3 recollection that such a test or series of 4 tests was conducted? 5 A. Anytime that we developed a new 6 fluid, we ran compatibility tests with other 7 things that might be in the system, and these 8 were run by the group. Specific products, 9 specific test conditions I do not remember. 1 0 Q. But I take it from your answer 1 1 that in any event, the responsibility for 1 2 actually conducting the tests would not have 1 3 fallen to you; correct? 1 4 A . That's correct. 1 5 Q You would have -- it would have 1 6 been your responsibility to see to it that 1 7 someone else actually conducted the test? 1 8 A. That's -- yes. 1 9 Q. And would it have been part of 2 0 your responsibility to report the results of 2 1 such testing to a customer of Monsanto? 2 2 MR. ZIMMER: Incomplete 2 3 hypothetical. 2 4 BY MR. TALLON: 2 5 Q. Not your sole responsibility, but GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 27 HARTOLDMON0041220 i 1 would that have fallen among your 2 responsibilities, responsibilities you might 3 have shared with others? 4 A. That latter question, I would 5 answer yes. 6 Q. Let me show you a document 7 p r o d u ced by Texas Eastern on the staionery of 8 Monsa nto Chemical Company dated September 25, 9 19 6 1, to a Mr. W. J. Kluse (Phonetic), or 1 0 Klaus (Phonetic) -- it's not clear from the 1 1 copy, from Roger E. Hatton, project manager, 1 2 D e v e 1 opment Department. This document bears 1 3 p r o d u ction numbers TW2-2003979 through 3982. 1 4 I'll ask the court reporter to mark that as 1 5 the n ext exhibit in order, which is 675. 1 6 (Plaintiff's Deposition 1 7 Exhibit 675 marked for 1 8 identification. ) 1 9 (Witness peruses said 2 0 document . ) 2 1 BY MR. TALLON: 2 2 Q. Did you get an opportunity to 2 3 review that exhibit, Doctor? 2 4 A. Ye s . ' ' 2 5 Q. Can you identify it for the GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 28 HARTOLDMON0041221 t 1 record? 2 A. I did not remember the letter 3 specifically. It was written to a Mr. Kloss 4 of Pratt & Whitney Aircraft. They made 5 turbine engines. 6 Q. Did the letter emanate from you? 7 A. Yes. 8 Q. Does numbered paragraph 5 on page 9 4 of the letter refresh your recollection in 1 0 any respect as to any knowledge you have with 1 1 respect to testing of resistance of 1 2 c t i v e coatings to 0 S- 8 1 ? 1 3 A . I do not remember the specific 1 4 i a 1 s tested or the data a v a i lable. 1 5 Q Do you re collect being asked to 1 6 perform tests on protective coatings by 17 representatives of Texas Eastern? 1 8 A. I don't - remember that the request. 1 9 Q Do you -- I'm sorry, I thought you 2 0 were fini shed with your answer . 2 1 Do you recall that the tests were 2 2 performed without specific reference to 2 3 whether you recall the request? 2 4 MR. ZIMMER: Assumes facts not in 2 5 evidence. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 29 HARTOLDMON0041222 1 A. I don'tremember. 2 BY MR . TALLON: 3 Q. Do you have a recollection of 4 having discussed compressor journal bearing 5 problems with any representative of Texas 6 Eastern Transmission? 7 A. What type of bearing problems? 8 Q. Compressor journal bearing 9 problems. 1 0 A. And you arelimiting your question 1 1 to problems? 1 2 Q. Well, let me put it this way. Do 1 3 you recollect having discussions with 1 4 representatives of Texas Eastern relating to 1 5 the compressor journal bearings and their 1 6 operations? 1 7 A . Yes. 1 8 Q And do you recoil ect having had 1 9 iscu ssions with Ollie Fletcher? 2 0 A . Yes. 2 1 Q Do you recollect over what period 2 2 of time you had such discussions? 2 3 A. Bearings and their performance 2 4 were discussed with Ollie Fletcher during, 2 5 most of the years that I knew him, at various GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 30 HARTOLDMON0041223 I 1 times . 2 Q. And among the issues discussed 3 were problems, operational problems 4 associated with those compressor journal 5 bearings? 6 A. The area discussed was the 7 interactions between bearings and the 8 lubricant. 9 Q. And do you have an understanding 1 0 as to what a compressor journal bearing is? 1 1 A. Superficially. 1 2 Q. What? 1 3 A. A great big shaft about so big 1 4 (Indicating) with a circular part of the 1 5 device that the journal goes through, the 1 6 journal being a shaft, so to speak, and 17 provision made to provide lubricant to the 1 8 space between the two and to provide 1 9 lubrication to that bearing. 20 Q. Doctor, from time to time in the 2 1 course of the relationship with Texas Eastern 2 2 for which you had partial responsibility, did 2 3 Texas Eastern Transmission send to you 2 4 samples of functional fluids from their 2 5 turbines and compressors for analysis and GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 31 HARTOLDMON0041224 1 testing by Monsanto? 2 A . Yes. 3 Q. And do you recollect'ever having 4 communicated with Walter Woods with respect 5 to analysis performed by Monsanto on such 6 samples? 7 A. Yes. If samples were submitted, 8 answers were returned, and I do remember 9 getting samples. 1 0 Q And in gene r a 1 , can you state the 1 1 purpose fo r which you b e 1 i eve samples were 1 2 submitted to Monsanto? 1 3 A . The purpose was t o determine the 1 4 condition of the lubri cant a t a certain time 1 5 at a certain place. ' 1 6 Q. And part of the process in which 1 7 Monsanto is involved was in testing the 1 8 lubricant after a certain number of hours of 1 9 use in the turbine compressor machinery? 2 0 A. That could have been the purpose. 2 1 Q. Do you recall ever having 2 2 discussed or communicated with Mr. Woods 2 3 about fluid loss from a Texas Eastern turbine 24 due to a seal eak? ` 2 5 A . No, not -- no. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI HARTOLDMON0041225 I 1 Q. Did you ever -- okay, did you ever 2 acquire knowledge that any Monsanto product 3 leaked from a Texas Eastern turbine due to a 4 seal leak? 5 A. I don't remember a specific 6 conversation. 7 Q. Let me show you a document 8 produced by Texas Eastern on Monsanto 9 Chemical Company stationery dated November 7, 1 0 1961, a letter to Mr. Walter Woods of the 1 1 Texas Eastern Transmission Corp. and sent by 1 2 Roger Hatton, Roger E. Hatton, Project 1 3 Manager, Development Department, bearing 1 4 production numbers TW2-2006537 through 539. 1 5 I'll ask the court reporter to mark that as 1 6 Exhibit 676 and ask you if you could please 17 take a moment to review that. 1 8 (Plaintiff's Deposition 1 9 Exhibit 676 marked for 2 0 identification. ) 2 1 (Witness peruses said 22 document.) . 2 3 MR. ZIMMER: Jim, off the record. 24 (Discussion off the record.) 2 5 BY MR. TALLON: GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 33 HARTOLDMON0041226 1 Q. My specific question to you, Dr. 2 Hatton, is whether reading the highlighted 3 portion on page 2-A of this letter refreshes 4 your recollection in any respect about any 5 communications you had with Mr. Woods about 6 loss of fluid from Texas Eastern turbines by 7 a seal leak. 8 A. No, this doesn't strike a -- 9 anything beyond what's written here. 1 0 Q. Do you believe that you sent this 1 1 letter to Mr. Woods? 1 2 A . Ido. 1 3 Q. Do you have any understanding as 1 4 to whether turbine fluid could be lost 1 5 through a seal leak? 1 6 A. Yes, if the seal mis functioned or 1 7 was not operating correctly, fluid could leak 1 8 through it. 1 9 Q. Do you -- 2 0 A. Past it, out of it. 2 1 Q. Do you have any recollection of 2 2 any other circumstances under which turbine 2 3 fluid could be lost through a seal? 2 4 A. I think my general testimony has 2 5 covered most of them. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 34 HARTOLDMON0041227 1 Q. Let me show you one other document 2 which has already been marked as an exhibit 3 in this case, for the purpose of determining 4 whether or not it refreshes your recollection 5 as to the loss of fluid through seal leaks, 6 and it's TW 122. 7 MR. ZIMMER: I will object as part 8 of my continuing objection to the scope of 9 the continued deposition, but I'll let him 1 0 answer if it refreshes his memory, my point 1 1 being that this document was readily 1 2 available at the time he was first deposed. 1 3 (Witness peruses said 1 4 document . ) 1 5 MR. ZIMMER: If there is a 1 6 question pending, I forgot. 17 MR. TALLON: There is a question 1 8 pending. The question is whether a review of 1 9 this document refreshes the doctor's 2 0 recollection as to whether -- well, actually, 2 1 I think we better have the question reread, 2 2 because now I've forgotten it, 2 3 THECOURT REPORTER: 2 4 " Q . Let me show you one other 2 5 document which has already been marked as an GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 35 HARTOLDMON0041228 1 exhibit in this case, for the purpose of 2 determining whether or not it refreshes your 3 recollection as to the loss of fluid through 4 seal leaks, and it's TW 122." 5 A. It describes a memory in that on a 6 visit to one of the installations, we 7 discussed the function of leaks due to 8 malfunction i n the seal system and the fact 9 that any fluid which did leak into the line 1 0 was removed by some knock-out traps and they 1 1 pointed out where they were, which was at the 1 2 edge of the pumping station, and they 1 3 indicated that that's where, that was 1 4 standard practice. 1 5 Q. I'm sorry, you were referring to 1 6 visit to Texas Eastern? 1 7 A . Yes. 1 8 Q. Were you alone on that visit, or 1 9 as best you recollect? 2 0 A . I never wa lk into a pi ant alone . 2 1 I w a s w i th Texas East e r n p e r s o n n e 1 . 2 2 Q I'm sorry, I meant t o ask whether 2 3 you were accompanied by a n y o n e f r o m Monsanto 2 4 A . I do not r erne mb e r . 2 5 Q And you we r e with T e x a s Eastern GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 36 HARTOLDMON0041229 1 personnel? 2 A . Yes 3 Q Do you remember who that was? 4 A . No , I d o not. 5 Q Do you remember appr oximately when 6 that visi t occurre d ? 7 A . L a t e F i fties, early Sixties. 8 Q And Doc tor, you may have already 9 impliedly a n s w e r e d this in your statement o f 1 0 a moment ago, but do you recoil e c t the 1 1 location that you visited? 1 2 A . No . I do not. 1 3 Q Was the location a g as compres s o r 1 4 station? 1 5 A . Yes 1 6 Q And was it a turbine -powered g a s 1 7 compressor? 1 8 A . 11 was a combination station, they 1 9 had gas turbine compressors set up in the 2 0 newer part of the station and they had the -- 2 1 these huge, twe1ve-cy1inder diesel engines 2 2 driving compressors in another part of the 2 3 station. My visit was limited to the, 2 4 primarily, to the gas turbine end. 2 5 Q. And just one other point on this GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 37 HARTOLDMON0041230 i 1 while you are here. When you used the term 2 "knock-out traps," what did you refer to? 3 A. It was a device designed into the 4 line so that any liquids in the gas stream 5 would be knocked out, or trapped, or removed 6 so that they were collected in that portion 7 of the piping setup and it would be removed 8 from there. 9 Q. In your last answer, in referring 1 0 to "the line," are you referring to the main 1 1 gas line through which gas was pumped? 1 2 A. Yes. 1 3 Q. One other question, Dr. Hatton. 1 4 Do you know who the author of that Exhibit TW 15 122 is? 1 6 A . No . 1 7 Q. You never saw it before? 1 8 A. I do not remember ever seeing 1 9 this. 2 0 Q. Dr. Hatton, during the period you 2 1 had as part of your responsibilities, 2 2 communicating with Texas Eastern Transmission 2 3 Corporation, do you recollect ever having had .i 2 4 any communications with Larry Sunsky? \ 2 5 A. Yes, I remember Larry Sunsk^. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 38 HARTOLDMON0041231 i 1 Q. What was Mr. Sunsky'1 s position, as 2 best you recall? 3 A. I do not remember a n e x a c t title, 4 but he was the gentleman who was i n charge of 5 the crew that was installing two gas turbine 6 compressor setups at Danville. 7 Q. Danville, what state? 8 A. I think it's Kentucky. 9 Q . And you had occasion t o 1 0 c o mm u ni cate wi th Mr. Suns kj/, a s best you 1 1 recall? 1 2 A . M y recollection here is that I 1 3 visited the 1 o cation and met Mr. Suns k^ face 1 4 to face , and h e's a man you don' t forget 1 5 easily. 1 6 Q. Why is that? 1 7 A. Huge, friendly, and extremely 1 8 competent . 1 9 Q. Just to see if we're talking about 2 0 the same thing, was your visit to Danville 2 1 the same visit which you described in your 2 2 testimony of a few moments ago where you 2 3 visited a location where there were diesel 2 4 compressors and turbine compressor? . 2 5 A. I do not remember that. I do not GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 39 HARTOLDMON0041232 1 remember what else was at the station. I 2 know that the two turbines that I was looking 3 at were there. 4 Q. I understand. I was just trying 5 to determine if your visit to Danville was 6 another visit to a Texas Eastern location or 7 the same one that you described earlier. 8 A. I am certain itwas another one. 9 Q. And the purpose for your visiting 1 0 the Danville installation, or location? 1 1 A . New equipment was being installed 1 2 and it was to be charged with fire- resistant 1 3 lubricant, and I was down t o see what was 1 4 going on and lend any advice that I could. 1 5 Q. When you used the word "charged" 1 6 in your last answer, do you m e a n t o say 1 7 loaded, that the turbine comp res s o r was 1 8 loaded with a Monsanto fluid, a lubricating 1 9 oil? 2 0 A. The definition of "charged" we 2 1 generally use to mean to fill the equipment, 2 2 the reservoir plus the necessary operating 2 3 lines, with the material. 2 4 Q. Okay, so "charge," as you use that 2 5 term in your answer, is, equates with to GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 40 HARTOLDMON0041233 I 1 fill. 2 A . Yes. 3 Q Okay. Was either of the units 4 started in your presence? 5 A . I don't remember the -- I don't, 6 don't know. 7 Q. Do you have a recollection of Mr. 8 Suns k^ communicating with you with respect to 9 the status of the turbines for which he had 1 0 responsibility? 1 1 A . No . 1 2 Q. Let me show you a document which 1 3 we'll ask the court reporter to mark as the 1 4 next exhibit, number 677, and that one-page 1 5 letter, dated December 11th, 1961, to Mr. * 1 6 L. J. Sunsky' of Texas Eastern Transmission 1 7 Corporation in Danville, Kentucky, from Roger 1 8 E. Hatton, Project Manager, Development 1 9 Department, bears Texas Eastern production 2 0 number TW2-2003906. 2 1 (Plaintiff's Deposition 2 2 Exhibit 677 marked for 23 identification.) . ' 2 4 (Witness peruses said 2 5 document . ) GORE REPORTING COMPANY ST. LOUIS, MISSOURI 41 HARTOLDMON0041234 1 BY MR. TALLON: 2 Q. I'm sorry, did you get a chance to 3 readthat, Doctor? 4 A. Yes. 5 Q. My specific question to you, 6 Doctor, is whetheryour review of this 7 letter, either in its entirety or 8 particularly with respect to the last 9 sentence of the last paragraph, refreshes 1 0 your recollection in any respect as to 1 1 whether o r not Mr. Suns k;y kept you info r m e d 1 2 o n the status of th e turbines for which h e 1 3 had responsibility. 1 4 A . I can't r e c a 11 the meeting. 1 5 Q Is this a le tter that you se n t to 1 6 Mr . Suns k ^ ? 1 7 A . Yes. 1 8 Q Doctor, were you ever a memb e r of 1 9 the Fire R e s i s t a n t T u r b ine Fluids Study 2 0 Group? 2 1 A . Yes, sir 2 2 Q And was that a group, a s ubg roup 2 3 of a n o t h e r organiza t i o n ? 2 4 A . I assume the group that you are - 2 5 that specif i c title was used for is a r a t h e r GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 42 HARTOLDMON0041235 1 broad term, as well as a title. This 2 particular one had to do with ASTM, I 3 believe, which is the American Society of 4 Testing and Materials. 5 Q. Do you recollect ever having been 6 secretary of the fire resistant turbine fluid 7 s tudy group ? 8 A . Yes. 9 Q. And was it part of your 1 0 responsibility as secretary for that group to 1 1 take notes at meetings and to prepare 1 2 minutes? 1 3 A . Yes. 1 4 Q Let me show you a document which 1 5 we'll mark at t h i s depositio n as the next 1 6 exhibit in order, number 678 , document 1 7 produced by Texas Eastern numbered 000907815 1 8 through 825, titled "Minutes of Meeting, 1 9 Fire-Resistant Turbine Fluid Study Group, 2 0 Atlantic City, New Jersey, June 25, 1963," 2 1 signed by R. E. Hatton or indicating 2 2 R. E. Hatton, Secretary, and R. G. Knight, 2 3 Chairman, on page 7 of the minutes. For the 2 4 record, there is attached to the minutes a 2 5 document titled "Members Section 2 Technical GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 43 HARTOLDMON0041236 1 Committee N" about which I will not question 2 the witness, and we'll ask the court reporter 3 to mark that. 4 (Plaintiff's Deposition 5 Exhibit 678 marked for 6 identification. } 7 . MR. ZIMMER: Before he reviews 8 this, is this a document that was produced by 9 Texas Eastern that was not available at the 1 0 time of this first deposition? 1 1 MR. TALLON: That's correct. This 1 2 was withheld -- well, I don't know if you had 1 3 it or not, but Texas Eastern withheld it 1 4 until not long ago. 1 5 MR. ZIMMER: Well it has an 1 6 Exhibit Number Hatton 12, 1-24-90, as having 1 7 been used before. 1 8 MR. TALLON: It was used before as 1 9 a deposition exhibit as Dr. Hatton's 2 0 deposition in the Texas Eastern case. 2 1 MR. ZIMMER: Well, I'll just, not 2 2 knowing the answer to my own question, I will 2 3 object and move to strike any testimony 2 4 generated about a document which had, indeed, 2 5 been available at the time of his first GORE REPORTING COMPANY - ST. .LOUIS, MISSOURI 44 HARTOLDMON0041237 1 session. 2 MR. TALLON: For the record, the 3 exhibit now marked as Exhibit 678 at this 4 deposition was deemed by Texas Eastern to be 5 a protected exhibit and not furnished to us 6 under the terms of whatever confidentiality 7 order they had in their case until somewhat 8 recently. I don't know the precise date. 9 BY MR. TALLON: 1 0 Q. Doctor, were you the secretary for 1 1 the meeting described in these minutes? 1 2 A . Yes. 1 3 Q And did you author these minutes? 1 4 A . Yes. 1 5 Q Do the minutes a c c urately reflect 1 6 e s entations made at the meeting? 1 7 A. I cannot remember those 1 8 presentations made at that time. 1 9 Q. There is a portion of the minutes 2 0 which refers to a presentation by Ollie 2 1 Fletcher of Texas Eastern. 2 2 A. Yes. 2 3 Q. Do you see that? Do you have any 2 4 doubt that what's written with respect to 2 5 that presentation accurately reflects the GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 45 HARTOLDMON0041238 :I 1 presentation of Mr. Fletcher? 2 MR. ZIMMER: Argumentative; calls 3 for speculation. 4 BY MR. TALLON: 5 Q. Doctor, I'm not -- let me be clear 6 for the record, I'm not attempting to trick 7 you. This is a subject about which you 8 testified in the Texas Eastern case, and I 9 have a copy of a portion of your deposition 1 0 transcript here which was recently produced 11 to us by Texas Eastern, and I'm simply trying 1 2 to make a record for this case. Do you 1 3 recall being asked a question at that 1 4 deposition, "Do you have any doubt that 1 5 what's written here accurately reflects the 1 6 presentation to Mr. Fletcher," and do you 17 recall giving the answer, "No, itreflects 1 8 what I heard at the time and what I would 1 9 have reported as such"? 20 MR. ZIMMER: So the question is, 2 1 does he recall being asked that question and 2 2 giving that answer? 2 3 MR. TALLON: Andgiving.that 2 4 answer. 2 5 A. Yes. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 46 HARTOLDMON0041239 1 BY MR. TALLON: 2 Q You do re call givi n g the an s w e r ? 3 A . Yes 4 Q And that if I a s k e d you tod ay , 5 does the p o r t i on of the minut es relati ng t o 6 the presentati on of Mr . F1e t c her from Tex a s 7 Eastern, is it a c c u r ately rep resented i n the 8 minutes , would your answer be the same 9 A . T o the be s t of my knowledge 1 0 Q Jus t for the recor d , Doctor , o n 1 1 page , the b o 11 o m of page 3 and the top o f 1 2 page 4, that's the section that refers to Mr. 1 3 Fletcher's comments at the meeting? 1 4 A. How much did you want me to read? 1 5 Q. Well, I just wanted to establish 1 6 for the record that Mr. Fletcher's comments 1 7 under the caption -- are under the caption, 1 8 "Use of fire-resistant fluids in gas 1 9 turbines," which begins on page 3 and carries 2 0 over to the top of page 4. 2 1 A. Yes. 2 2 Q. Okay, and those are the comments 2 3 of Mr. Fletcher to which I referred in my 2 4 questioning of a moment ago, asking you'if 2 5 those comments were accurately reflected in GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 47 HARTOLDMON0041240 l 1 the minutes. 2 A. Yes. 3 Q. Is that what you understood me to 4 refer to? 5 A . Yes. 6 Q. Do you have any recollection of 7 having discussed with Mr. Fletcher or any 8 other representative of Texas Eastern a seal 9 system used by Texas Eastern which operated 1 0 at about 1,000 pounds per square inch? 1 1 A. The seal system on thecompressor 1 2 shown me was indicated to operate at a 1 3 thousand, from 700 to 1200 pounds per square 1 4 inch . 1 5 Q. And can you describe the type of 1 6 seal system shown to you? 17 A. It was a pressurizedliquid seal. 18 Q. Justfor the sake of clarity, when 1 9 was that pressurized liquid seal system shown 2 0 to you? 2 1 A. I don't recall the specific time 2 2 it was shown to me. . 2 3 Q. Do you recall the location of 2 4 which that seal system was shown to you? 2 5 A . No . GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 48 HARTOLDMON0041241 1 Q. Is it your understanding that the 2 seal system shown to you that you do 3 recollect was common to the turbine and 4 compressor operations of Texas Eastern 5 Transmission? 6 A . Yes. 7 Q. And when you are referring to a 8 liquid seal system, are you referring to a 9 seal system which employs or employed the 1 0 Monsanto lubricating oil as part of the 1 1 sealing? 1 2 A. Either, either the synthetic fluid 1 3 or the hydrocarbon-based fluid that was used 1 4 if the unit was not operating on 1 5 fire-resistant fluids. 1 6 Q. If the unit was lubricated with a 1 7 M o n s anto product such as Turbinol 153, then 1 8 the Turbinol 153 would b e used or would b e 1 9 part of the liquid seal system? 2 0 A. Yes. 2 1 Q. And f o r the sake of clarity on the 2 2 record, Doctor, y o u have -- you do not today 2 3 recollect where o r when you were shown that 2 4 system? 2 5 A. I do not. GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 49 HARTOLDMON0041242 I 1 Q. Was it your understanding, Doctor, 2 that the liquid in that liquid seal system 3 came into contact with the natural gas in the 4 compressor unit? 5 A. Yes. 6 Q. Did you ever get copies of any 7 papers delivered by Earl Farmer of Texas 8 Eastern Transmission Corporation? 9 A . Yes , m m - h mm . 1 0 Q . Let m e show you one part 1 1 and ask you whether you've ev 1 2 that paper before, a paper titled "Fire 1 3 Resistant Lubricants in Gas Turbines" by Earl 1 4 P . Farmer, Jr., and it's produced by Texas 1 5 Eastern under production number TW 1 6 1-0000313-000 through 326-000, the numbering 1 7 system on iy deciphera bl e by Covington & 1 8 Burling, n o doubt. I ' 1 1 ask the court 1 9 reporter t o mark that a s Exhibit 679, Doctor, 2 0 and when h e 1 s done so , I 'll ask you if you've 2 1 seen this particular pap er before. 2 2 ( P 1 a i n t i ff's Deposition 2 3 Exhibit 679 marked for 2 4 identifi cation.) 2 5 ( W i t n ess peruses said GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 50 HARTOLDMONOQ41243 1 document.) 2 BY MR. TALLON: 3 Q. The pending question, Doctor, 4 after you've had sufficient opportunity to 5 review Exhibit 679, is whether you had seen 6 this particular paper by Mr. Farmer before. 7 A. Yes, I have. 8 Q. On page 3 of the report, Doctor, 9 in the first full paragraph, the report 1 0 states that, "Besides meeting all 1 1 requirements for satisfactory lubrication of 1 2 the gas turbine and natural gas compressor 1 3 rotating elements, those synthetics must also 1 4 function as a seal oil in the gas 1 5 compressor." Is that consistent with the 1 6 description you were just giving me of your 1 7 understanding of the seal oil mechanism? 1 8 A. Yes. Mm-hmm. 19 MR. TALLON: Okay, thank you. 20 MR. ZIMMER: Thank you, sir, for 2 1 your time, Doctor. 2 2 (Whereupon, at 10:20 a.m. , 2 3 the deposition was. 2 4 concluded.) 25 GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 51 HARTOLDMON0041244 I 1 COMES NOW THE WITNESS, ROGER 2 E. HATTON, and having read the foregoing 3 transcript of the deposition taken on the 4th 4 day of September, 1992, acknowledges by 5 signature hereto that it is a true and 6 accurate transcript of the testimony given on 7 the date hereinabove mentioned. 8 9 10 1 1 ROGER E. HATTON 12 13 1 4 Subscribed and sworn to before me 1 5 thisday of , 1 9 9 2. 16 1 7 My Commission expires: 18 19 20 21 2 2 Notary Public 23 24 25 GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 52 HARTOLDMON0041245 1 STATE OF MISSOURI ) 2 SS : ) 3 CITY OF ST. LOUIS ) 4 I J. BryanJordan, notary public 5 in and for the State of Missouri, duly 6 commissioned, qualified and authorized to 7 administer oaths and to certify depositions, 8 do hereby certify that pursuant to agreement 9 in the civil cause now pending and 1 0 undetermined in the Superior Court of the 1 1 State of California, in and for the County of 1 2 Los Angeles, to be used in the trial of said 1 3 cause in said court, I was attended at the 1 4 offices of Bryan, Cave, McPheeters & 1 5 McRoberts, in the City of St. Louis, State of 1 6 Missouri, by the aforesaid witness and by the 1 7 aforesaid attorneys, on the 4th day of 1 8 September, 1992. 1 9 The said witness, being of sound 2 0 mind and being by me first carefully examined 2 1 and duly cautioned and sworn to testify the 2 2 truth, the whole truth, and nothing but the 2 3 truth in the case aforesaid, thereupon 2 4 testified as is shown in the foregoing 2 5 transcript, said testimony being by me GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 53 HARTOLDMON0041246 1 reported in shorthand and caused to be 2 transcribed into typewriting, and that the 3 foregoing pages correctly set forth the 4 testimony of the aforementioned witness, 5 together with the questions propounded by 6 counsel and remarks and objections thereto, 7 a n d is in a 11 r e s p e c t s a full 8 and compl e t e t r a n s c r i p t of t h 9 propounde d t o and the a n s w e r s 1 0 witness ; t h a t sign a t u r e of t h 1 1 not waive d by a g r e e m e n t of CO 1 2 I f ur t h e r c e r t i f y 1 3 counsel o r a 11 o r n e y f o r e i t h e 1 4 to said s u i t , not r e 1 a t e d to 1 5 in any of the part i e s o r t h e i 1 6 Witness m y h a n d an 17 at St. L o u i s , Miss o u r i i this day of 1 8 -- / 1 9 9 2. 1 9 M y comm i s s i o n e x p i 2 0 1 9 9 4. 21 22 % 2 3 J. Bryan Jordan 2 4 Notary Public in and for the 2 5 State of Missouri GORE REPORTING COMPANY - ST. LOUIS, MISSOURI 54 HARTOLDMON0041247