Document 99GRZE2rkm8JGkBv4kERabEap

SEP. 13. 2004 2:58PM RWDM LAW FIRM Multi-PageTM 1 A.No, there was no contract flat I know of. Page 14 Page 16 1 like, were selling products that did come from 2 Q.Thcy were free to purchase brake linings from other 2 areas outside of distribution centers? 3 manufacturers other than Abcx7 3 AWell, that 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 renaanufaenwed parts. 5 we'd try to get their business and bring than into 6 Q.Okay. 6 our plants and show diem how we produced the units 7 (OfF-THE-RBCOBU DISCUSSION.) 7 and, if they were not buying our water pumps, 8 Q.Just a couple snore 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 1 p ^ynnlit tint nnnKBnily 1 jinmliKiiip Atwr Kiilm 10 NapA-not a Napa store that would be selling any 11 luring, is that correct? 11 ldnd ofproduct ihat we were trying to get their 12 A.During what time frame? 12 business; but the NAPA stores that I was in and any 13 Q.Let's talas your historical understanding prior.to 13 of these changes like water pump changes is always 14 1966. 14 American Brakebloc. - 15 A. They would be purchasing Abex material 15 Q.Was there a time, in your opurion, that it was not 16 Q.In any retail store? 16 American Brakebloc, American 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 A.That'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 AWell, BPI became the primary supplier! believe the 21 jobbers yonjust said -- 21 year was 1989. 22 AThey were free to purchase water pumps or anything 22 Q.Did Genuine Parts manufacture its own 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 tune 24 AThey don'tmanufacture brake linings. supplier, and they were a good supplier. We still 25 Q. Okay. Tell me about Rayioc brakes, did they . Pag 15 1 use diem today as our supplier at MorganfieJd, 1 mwnfactuic their own brake things? 2 Q. Okay, so then, after 1966 if someone walked into h 2 MS.aiLHVi You oaid br*to linings- 3 NAPA store and purchased brake linings, would they 3 ' Vdlabbor laid. I'm tony? 4 necessarily be purchasing Abex brakes? 4 volULETi You slid tticy nmmfortuicd 5 A In my opinion, it would be Abex in the NAPA boxes, 5 brake Usings. Be saki they don7 manufacture 6 yes. 6 tanks lining*. 7 Q.And the basis of that opinion is what? 7 Q.(syvolabbot) Brakes? . - . 8 AWhat I've been told by Walter Devoe and all the 8 ABack up to ycmroUgtnil question. 9 people that I've associated with when I went to die .9 Q.Strite that. Grrc jnc one second,I'mSeay. 10 Stepheaville plant 10 ' Are you familiar with a gosUcnVcn named 11 Q.Again, you have no independent knowledge of that? 11 PanlLaoonT? 12 aNo, six, I do not other than doing changeovers and 12 AYes. ' 13. stuff on other product lines. 13 Q.Wind was hisjob title, u yoo understood It, the '' 14 Q.And stores that carried NAPA products, again, conld 14 last time yon saw him or wfeat was hisjob title? IS sell other products as well, not just -- I'm not 16 talking justbrake linings -- 15 AYou mean 6te last time 1 saw bim?' 16 Q.Yes. 17 AYes. 17 volckxeYi DoyoutoowtistitlB? 18 Q.-- they could sell a variety of products? 18 AI don't really know. I'm going jo say customer ' 19 AYes. 19 . serrfee, but Pm not sew. R'b changed ever ' 20 Q.Some of those products could come from a NAPA 20 last few yens. k.. 21 distribution center? 21 Q. (byX*.abbot) How long have you known Mr. taccrar? 22 Alt's possible. 22 A Since probably since '84. I may have talked with `` ' 23 Q.And some of them did hot? 23 him prior TO. let's mate that like 1980. '1 AYes, it's possible. 24 Q.Qfay. J Q.Were you aware that NAPA stores, jobbers and the 25 A Because! had seme conversations I drink with Paul Page 17 Page 14 - Page 17 JOHN M. BOWEN & ASSOCIATES - (816) 421-2876