Document 9J03JnBVn6xv5MDZRdxbVkk47

[ IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA. CHARLESTON, WEST VIRGINIA JAMES M. ADKINS, A d m in is tra to r ) o tb* E etata o f Ralph B. A dkloa, ) Dseeasad, a t a l , ) ; I vs. ) P lain tiffs, ) ) ) No. 81-2098 MONSANTO COMPANY, a Dal a s e r a Corpora tic , ) ) ) ) D efendant. ) Dap o s it io n o f WILEY HOGEMAN taken on b e h a lf o f th e P lain tiffs. R e p o rte r: M. Jo y S p rin g e r J am es M ay R epo rtin g S ervic e CERTIFIED SHO RTHAND REPORTERS R.R. 2 - BOX 65 EDWARDSVILLE. ILLIN O IS 62025 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON, WEST VIRGINIA 3 4 JAMES M. ADKINS, A dm inistrator ) of the E state of Ralph E, Adkins, ) 5 Deceased, et a l, ) - .................... 6 ) P lain tiffs, ) 7 vs. ) ) No. 81-2098 iivi'-; 8 MONSANTO COMPANY, a Delaware C orp o ra tio n , ) ) ) 9) Defendant. ) i; 10 *...* . ^ - V - '^ .. 11 APPEARANCES : 12 M essrs. C a lw ell, McCormick & V ** *" 13 Peyton, by W. S tuart C a lw ell, J r ., Esq. For P l a i n t i f f s , 14 M essrs. Bowles, McDavid, G raff 6e 15 Love, by Charles M. Love I I I , Esq. 1 and Thomas E. S carr, Esq. 17 and Deborah A. S in k , For Defendant. 18 19 20 IT IS STIPULATED AND AGREED by and between 21 co u n sel fo r the p l a i n t i f f s and co u n sel fo r the defendant 22 th a t the d e p o sitio n o f WILEY HOGEMAN may be taken pur 23 suant to Rule 26(a) o f the F ed eral Rules o f C iv il Pro 24 ced u re, on Ju ly 8 , 1983, a t the Radisson H o tel, Room 215, 25 9th S tr e e t and Convention P la z a , S t. L o u is, M isso u ri, JAM ES MAY R E PO R TIN G SER V IC E b efo re M. JOY SPRINGER, a N otary P u b lic w ith in and for the County o f Madison, S ta te o f I l l i n o i s ; th at the issuance o f n o tic e and dedimus is w aived, and th a t th is d e p o sitio n may be taken w ith the same fo r c e and e f f e c t a s i f a l l F ed eral r u le s and s ta tu to r y requirem ents had been complied w ith. IT IS FURTHER STIPULATED AND AGREED th a t any and a l l o b jectio n s to a l l or any part o f th is d e p o sitio n , excep t ob jection s as to form o f the q u estion s askM" ` ,v V., answ ers g iv e n , a r e h e re b y r e s e rv e d an d may be r a i ^ t f on th e t r i a l o f th is cau se; and th a t th e sig n a tu rS f'tff the deponent is not waived. YY'Y ** WILEY HOGEMAN produced, sworn and examined on b e h a lf o f the p l a i n t i f f s , deposes and'says as follow s: EXAMINATION BY MR. CALWELL: (Whereupon the re p o r te r marked P la in t i f f s ' D ep osition E x h ib it #295 (Monsanto #8324372) co n sistin g of 1 page, for the pur poses of id e n tific a tio n .) JAM ES MAY R E P O R T IN G S ER V IC E 2 1 Q (By Mr. C a lw ell) Would you s t a t e your i 2 name, p le a s e . 3 A W iley Hogeman. 4 Q And where do you l i v e , Mr. Hogeman? 5 A Here in S t. Louis a t F a ir Oaks. Q You*re employed by the Monsanto Company? 7 A Yes.. 8 Q What is i t you do fo r them? 9 A I'm the General Manager of the 10 Chemicals bus in es s . 11 Q Is th a t a corporate l e v e l p o sitio n ? - -S 12 A No, i t 1s n o t. I'm n ot an o f f icei 13 I am a se u io r manager. 14 Q Is th ere a Rubber Chemicals D iv isio n ? 15 A I t used to be a Rubber Chemials D iv is io n 16 and then we reorganized and now i t ' s c a lle d -- we have 17 Manufacturing - - w e have fu n c tio n a liz e d . We have a manu 18 fa c tu r in g fu n ctio n and a resea rch fu n c tio n , a s a le s 19 fu n c tio n , and then I run the b u sin ess group which are the 20 commercial p eop le. 21 Q Does th a t group have a name? 22 A I t ' s the Rubber Chemicals b u sin ess group. / 23 Q Would th a t be the same, l i k e , MIC is 24 Monsanto I n d u s tr ia l C hem icals, is th a t the same kind o f 25 o r g a n iz a tio n a l d iv is io n th a t the Rubber Chemicals group is ? JAM ES MAY R E P O R TIN G SER VIC E 3 1 A No. The Rubber Chemicals group is one -*- t 2 o f the groups w ith in an MIC company. I t ' s one o f the 3 b u sin e sse s w ith in an op eratin g company and one o f the 4 b u sin e sses o f Monsanto Polymer Products Company. 5 Q And you're a General Manager? A General Manager, r ig h t, 7 q How long have you been in th a t p o sitio n ? 8 A Since January 1 s t , 1981. Two and a 9 half years. 10 Q What is your ed u cation? -.vVi--" 11 A I have a B. S. Degree in Chemistry 12 and a second B .S. Degree in Chemical E ngin eerin g from,; 13 Louisiana S ta te U n iv e r s ity . 14 Q You o r i g in a l ly from th a t area? 15 A Yes. Born, r a is e d th e r e . Never l e f t 16 u n t i l X went to work w ith Monsanto and I went in to the 17 s e r v i c e , 18 Q Are those your on ly two Degrees? 19 A Yes. T hat's enough. One too many. 20 . Q When did you s t a r t w ith Monsanto? 21 A June 13, 1956. T hat's about 27 years ago. 22 Q During th a t period o f time from 1956 23 u n t il today have you had any co n n ectio n w ith the N itro 24 f a c i l i t y ? 25 A Not u n t i l X moved in to the Rubber JAM ES MAY R E PO R TIN G SER VIC E k 1 Chemicals business in January of *81. 2 Q During your employment w ith Monsanto 3 have you done any work in the area o f chlorophenols? 4 A No. 5 Q Any a s s o c ia t io n w ith 2 ,4 ,5 -T ? A No. 7 Q What kinds o fth in g s have you done 8 fo r Monsanto over the years? 9 A W ell. I started out in the T e c h a i d & l ^ 10 group in P en sacola, F lo r id a , and worked my way thr(^gh^H^ti*; 11 th a t m assive o rg a n iza tio n running many other jo b s iw ith in v;v 12 the p la n t to General S u p erinten d en t. Then from th e r ^ t^ f 13 moved to P lan t Manager o f a fila m e n t p o ly e s te r p la n t 14 and got in to Alabama, and i t was sin c e sh ut down or 15 e x ite d the fila m en t p o ly e s te r b u s in e s s , and I came to 15 S t . Louis in 1964 as the B usiness D irecto r o f the In 17 d u s t r ia l F ib ers B usiness Group and from there to General 18 Manager o f M anufacturing fo r the t e x t i l e company. I 19 ran a l l o f the m anufacturing fo r the t e x t i l e s organ iza 20 tio n and then from there to running a l l o f m arketing fo r 21 t e x t i l e s and from there over to Rubber Chemicals in *81. 22 Q Now, is 1981 your f i r s t ex p erien ce in 23 the Rubber Chemicals area? 24 A Yes. F ir s t in tro d u ctio n to th a t w orld. 25 Q And th a t would a cco u n t, th en , fo r your JAMES MAY R E PO R TIN G SER VIC E `( 1 beginning association with N itro fa c ility ? 2 A Uh huh ( y e s ) . 3ut the N itr o P lan t 3 d id n 't rep ort d ir e c t ly to me. I t reported through the 4 Manufacturing D iv is io n , but N itro made some o f the rubber 5 chem icals products th a t we s e l l . 6 Q And from your summary o f your exp erien ce 7 w ith Monsanto, I take i t , over the years you have had 8 no a s s o c ia t io n w ith the A g r ic u ltu r a l b u sin ess o f Monsanto? 9 A No, none w hatsoever, I w ish I <> 10 Q Now, Mr. Hogeman, your name cropped^v/Uw *Tf 11 up on a document. I ' l l hand you w hat's been marked 12 P l a i n t i f f s ' E x h ib it #295 (Monsanto #8324372), 13 A Uh huh (y es) . 14 Q You have had a chance to look a t Ex- 15 h i b i t 2957 16 A Y es. 17 Q That appears to be a Monsanto memo- 18 randura, and your name i s shown on the d is t r ib u t io n l i s t ? 19 V.A Uh huh (y es) . 20 Q And the document r e fe r s to the N itro 21 H ealth Study Task F orce. VJhy would you be on th a t d is - 22 tr ib u tio n l i s t ? 23 A Only because I was the General Manager ; 24 of the Rubber Chemicals B u sin ess, and some o f the chem icals 25 th a t we s e l l are made in N itr o . So I would have a b u sin ess JAMES MAY REPORTING SERVICE 6 <' ir 1 I n t e r e s t i n (,th is whole proceeding as fa r as maybe the . * ' -O.-r^'' i*'" j 2 eventual outcome, or whatever. 3 Q Now, in th a t con n ection how were you 4 made aware o f the form ation o f the N itr o Task Force? 5 A I didnVt have any d eta iled knw ledge 6 o f any form ation o f any Task F orce. This was done a t 7 a corporate le v e l co m p letely divorced from me or any 8 input from me. ' . 1' 9 Q R ig h t. Did you j u s t s t a r t r e c e iv ix ^ ^ : ^ '^ 10 these co p ies o f the minutes o f the Task Force and.-.fchat 11 kind o f thing? f* 12 A Yes. V 13 Q Did you have any advance n o tic e th a t 14 you were going to s t a r t r e c e iv in g those documents? 15 A No, n ot r e a l l y . 16 Q They j u s t showed up in your m ail one day? 17 A Y es, j u s t because o f m y .p o sitio n . 18 ..... . Q Did you a sk , what in the world i s the 19 N itr o Task F orce, I 'v e j u s t g o tte n th is mail? 20 A I read some o f them and, o f co u rse, 21 th ey were s e lf-e x p la n a to r y . 22 Q So a s id e from j u s t r e c e iv in g th ese 23 documents w ith ou t w arning, I su pp ose, and reading them, 24 t h a t 's the on ly knowledge you had about the N itro Task 25 F orce, i s th a t what you re saying? - JAMES MAY REPORTING SERVICE J 1 A That*s about i t . i 2 Q Do you know anybody on the d is t r ib u t io n 3 l i s t on E x h ib it 295? 4 A I know most o f them. I d o n 't know 5 some o f the people th a t th is is d ir e c t ly addressed to . 6 I know a l l o f the people th a t were cop ied in , but not 7 the addressees, not a l l of the addressees. 8 Q A ll r ig h t . You t a lk to any o f th e se 9 other fe llo w s you knew th a t were copied alon g 10 about the N itr o Task Force? 11 A Oh, y e s . We talk ed p e r io d ic a lly vt - 12 hallw ay c o n v e r sa tio n s , w hatever. ** A*\ >A r 1? 13 Q And were they in the same s it u a t io n 14 you were in , j u s t p r e tty much ign oran t about why they 15 would s t a r t r e c e iv in g th ese documents? 16 A Oh, th ey w eren 't ign oran t as to why. 17 N eith er was I ign oran t as to why I was r e c e iv in g them. 18 I knew v ery w e ll why I was r e c e iv in g them. Simply b e 19 c a u s e o f my p o s it io n . I have an in t e r e s t in i t but no 20 d ir e c t involvem ent. 21 Q What was the purpose o f the N itr o Task 22 Force ? 23 A I'm n ot su r e . S in ce I w a sn 't asked 24 a s to what was in v o lv ed , I c a n 't answer the q u e stio n . 25 Q I f I understand what you 're sa y in g JAM ES MAY R E PO R TIN G SER VIC E 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 co rrectly , then, every b it of correspondence that goes to the N itro P la n t, then, sin c e the N itro P lan t has some fu n ctio n w ith the rubber chem icals a sp e c ts of Monsanto, you as a matter of co u rse, then, r e c e iv e , is th a t what you 're sa y in g , and th a t t h is was no d if f e r e n t than anything e ls e you would r e c e iv e from d ea lin g w ith the N itro Plant? A I receive a lo t of correspondence in v o lv in g the Rubber Chemicals B usiness a s s o c ia te d -Withviki N itr o . I d o n 't r e c e iv e a l o t o f o th e r , but on a g e n e ra lbasis I do. I f i t ' s a general plant situ a tio n , I re- - c e iv e i t because i t could impact my b u sin e ss. But' th ere are other businesses a t N itro a ls o besides rubber chemi- * c a ls , and I d on 't r e c e iv e th a t kind o f in form ation . Q But in so fa r as inform ation th at N itro may generate or be d ir e c te d to N itr o th a t concerns the Rubber Chemicals B u sin ess, you would norm ally r e c e iv e th a t, is (hat what you're saying? X Uh huh (y es) . . Q And the N itro Task Force was r e a l l y no d if f e r e n t than an yth in g e l s e , and t h a t 's why you were on the l i s t ? A I t ' s something th at impacted the whole J p la n t and as a r e s u lt an yth in g t h a t 's g en era l th a t im- p acts the p la n t I r e c e iv e , a s my a s s o c ia t e s do, because JAMES MAY REPORTING SERVICE 9 $% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 V ___ it . could Impact n ot on ly my b u sin ess but t h e ir s . It* s for inform ational purposes. plant? Q How did you know i t impacted the e n tir e A What -- Q The N itro Task Force, A I d o n 't knew whether i t d o es. Q Now, you j u s t sa id i t d id , you sa id i t impacted the e n tir e plant and sin c e you have s tio n w ith a part of the p la n t yen sa id t h a t 's the- th a t you re ce iv ed i t . A I t was a o la n t is s u e , i t ' s a '.V. sfJxJ 1* q a plant issue? W ell, do you r e c e iv e e v e ry th in g t h a t 's A That might impact my b u s in e s s , y e s. Q W ell, how d id yju know th a t th a t was a plant issu e that impacted the e n tir e plant? , -- A own im pression. T hat's my own understanding and my Q A ll r ig h t . And what did you base th a t understanding and Im pression on? A Common se n s e . Q Nothing else? A No. Ju st the fa c t th a t a law su it has been brought on by a number o f em ployees spread a cr o ss JAMES MAY REPORTING SERVICE V* V * 1C 1 the p la n tr and whether they are spread across the plant 2 I d o n 't know. I d o n 't know where th ey come from. But 3 I assume th a t. I t ' s an assum ption on my p a rt. 4 Q Is th a t why the N itro Task Force was 5 formed? A For what? 7 Q Because o f the la w su it. 8 A I d o n 't know. 9 W ell, you j u s t sa id because o f sC-J 10 brought by a number of employees -- .\V! ** * VJ- - - n A And I sa id I assumed a l l t h a t . 'I- c a n 't ^,v 12 f a c t u a lly say yes or no to th a t because I'm n ot knowl~n^'^-J; 13 e d g e a b le . 14 Q I understand th a t. But in your mind, 15 a t l e a s t , there must be some con n ection between the 16 la w su it or a la w su it and the N itr o Task F o rce, is th a t 17 what you 're saying? 18 A I d o n 't know. I d o n 't know when the 19 N itr o Task .Force was formed, I d o n 't know when the la w su it 20 was f i l e d ( so I c a n 't t e l l which came f i r s t , 21 Q So you 're changing your testim on y - 22 A No. 23 Q You d o n 't have th a t im pression any more 24 about the con n ection between the la w su its and the Task 25 Force and the number o f in d iv id u a ls th a t were spread d JAMES MAY R E P O R T IN G SER V IC E 1 $ 1 across the p lan t g iv in g you an im pression that the Task 2 Force, thenr impacted the e n tir e p la n t and th a t's the 3 reason you were on a copy l i s t ? T h at's the way I under 4 stood your testim ony. 5 A My testim on y was th a t I r e ce iv ed th is because i t ' s something that could impact the en tire plant 7 and as a r e s u lt I receiv ed i t , y es. 8 Q And I asked you why, and t h a t's the 9 ex p la n a tio n you gave me. Now, do you have a 10 ex p la n a tio n now or are you going to s t i c k w ith t h ^ j f ir a t : ^ ^ , 11 one? 12 13 SqKx?^..A No, I ' l l s t i c k w ith what I s a i d - '.s'*'.. > '.'..r v' Q Now, do you s t i l l r e c e iv e inform ation 14 from the Task Force? 15 A P e r io d ic a lly . Less and le s s freq u en t. 15 Q Some o f the Task Force m a te ria ls make 17 re fe re n c e to d io x in , you r e c a l l that? 18 *. A . No. 19 Q Have you ever heard o f d io x in or 20 . '2 ,3 ,7 ,8 tatrachloroaibenzo-para-dioxin? 21 A I th in k everyone in S t. Louis has heard 22 of th a t because o f Times Beach. 23 Q When did you f i r s t hear about d io x in ? 24 A I c a n 't p in p o in t th a t. 25 Q Was i t in co n n ectio n w ith your work or JAMES MAY R E P O R T IN G SER V IC E 1 the Task Force? 2 A To be v ery tr u th fu l w ith you, the f i r s t 3 . .time th a t d io x in made an im pression on me is Times Beach. 4 Q And how d id you lea rn about that? 5 A Newspaper. Q So your inform ation about d io x in had 7 it s g en esis, I guess, in the newspapers, right? 8 A B asically. 9 Q Has th a t been p r e tty much the source j ' OV*. iJ f- 10 o f your In f or na t ion about dio x i n , the news paper s ? r0 r - ' :i. 11 A Uh huh ( y e s ) . 12 Q Did the N itr o Task Force have a n y th in g ; 13 to do w ith d io x in , th a t you know of? 14 A Not r e a l l y , to my knowledge. 15 Q You don' t haveany idea what i t had to 15 do w ith , rig h t? 17 A No. 18 <J Did you ev er a tta n d n n y m eetings o f the 19 N itr o Task Force? 20 A I th in k , one m eetin g , one o f the f i r s t 21 m eetin g s, and I 'm n o t sure whether i t was th a t one or n o t. 22 Q And do you know why you a tten d ed it ? 23 A Y es. Because th ey c a lle d a m eeting 24 to bring people up to date on a l l o f the a c t i v i t i e s . 25 Q Do you remember what you were brought JAM ES MAY R E P O R T IN G SER V IC E i: /A g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 up to data on a t th a t time? i .* A How many p l a i n t i f f s , what chem icals w a r e i n v o l v e d and a l l o f i t . I d id n 't understand most of i t sim ply because I was rath er new. You can imagine me coming from T e x tile s in to th a t w orld. Q When you were in T e x t ile s , did you have occasion to work w ith carbon d if u lf id e ? A No. Q That would be true fo r H2S, I A R ig h t. Q That m eeting th a t you a tten d ed w h e r e - -- you were brought up to date on t h e 's ta tu s of the ikwsui^.^Vi'-' and,I assume, you're talking about the law suit that you1re being deposed in now, a s u i t brought by a number o f employees and former employees? A Uh huh ( y e s ) . Q Is th at where you got the idea th a t t h e Task F o r c e was in resp onse to th a t law su it? - No. Q Did th a t r e in fo r c e your opinion th a t t h a t is what the con n ection was? A No. Q Have you r e c e iv e d any b r ie fin g or in form ation a t a l l from N itro regard in g 2 ,2 ,7 -,8-TCDD? A No. JAMES MAY REPORTING SERVICE t> % 1 Q Or Monsanto? 2 A I d id n 't hear that. 3 q You have not r e c e iv e d any inform ation 4 or b r ie fin g about 2,3,7,8-TCDD from your company, is th a t 5 right? 6 A Not me, no. 7 Q And n oth in g in co n n ectio n w iih any 8 chloracne or h ea lth , problems th a t may have been apparent 9 or present a 10 or any other 11 A T hat's r ig h t . 12 Q You have had no in form ation aboV thiai 13 from the p la n t or from Monsanto? 14 A No. 15 Q O.K. The on ly th in g you knew about 1 is what you read i n the new spapers, rig h t? 17 A About d io x in ? 18 Q Y es. 19 A' Yes. 20 Q And the N itr o Plant? 21 A I d o n 't read about theN itr o P la n t in 22 the newspapers. 23 Q Now, in con n ectio n w ith your r e c e iv in g 24 lit e r a t u r e from the N itro Task F o rce, did you r e c e iv e 25 any inform ation about Raymond Suskind? JAM ES MAY R E P O R TIN G SER V IC E 1 A At that point -- 2 ..\-Q Which point? 3 A E arly on, when I went to one m eeting, 4 and I'm n ot sure what m eeting th a t w as, whether i t was 5 the f i r s t , second, fourth or tenth or what, but I went 6 lto a m eeting and I thin k they rep orted som ething. This 7 has got to be two years a g o , and I was brand new in the 8 j o b . But I think they were ta lk in g about som ething, ^ , 9 th a t maybe Suskind was goin g to do som ething or 10 I don' t know what the d e t a ils w ere, n Q You ever se e any o f h is s t u d ie s jo r 12 summaries o f them or an yth in g lik e that? X 13 A No. * 14 Q And as fa r as you know, you never 15 atten d ed any other m eetings o f the Task Force other than 16 tha t one ? 17 A I don' t th in k s o . 18 v <J You t e s t i f i e d th a t your con n ectio n 19 w ith the N itr o P lan t in your p resen t job was in the 20 b u sin ess se n se , I suppose, the economics o f the p la n t or 21 whether i t ' s probable or n o t, does th a t come under your -- 22 A Uh huh ( y e s ) . ! 23 Q Did you have a con n ection w ith a fu n ctio n 24 lik e th a t in any other job you had w ith Monsanto, l i k e , 25 fo r exam ple, in the '60s? Were you in a b u sin ess -- JAM ES MAY R E PO R TIN G SER VIC E 1 A When I ran the I n d u s t r ie l F ib ers 2 Business Group in 1974 u n t il '7 6 . 3 :Q Was th a t your f i r s t job - - 4 A In a commercial jo b , y e s, because I 5 had been in m anufacturing up to th a t p o in t. 6 Q Now, have you had any co n n ectio n w ith 7 the Krummrich Plant? 8 A Yes. 9 Q In the same posture as the (*^s3V- 3 . 1.0 would be in r e la t io n to your job? 11 A Yes. C u rren tly . In the job I'niplii ncwv:- , ` 12 Q And have you bean made aware o V - j-v' i* V lw , /A T . V4-? -' : : * 13 t e s t in g plan or procedures regard in g a n a ly z in g Santophen 1 14 or ch lo ro d ib en zo -d io x in s? 15 No. 1 q D on't know an yth in g about that? 17 A D on't know an yth in g about i t . 18 Q You were not on any m a ilin g l i s t or 19 copied? 20 A Not to my knowledge. 21 Q And th a t would be true for1979? 22 You're not aware o f an yth in g th a t occurred in 1979 in 23 v o lv in g t e s t in g o f pentachlorophenol or orchochlorophenol? 24 A No. 25 Q For dlberizofurans oranything lik e that? JAM ES MAY R E P O R T IN G SER V IC E 1 A D id n 't even know what they .re. D on't 2 know y e t what they a r e . 3 Q W ell, they have been in the newspapers. 4 A Maybe you 're r ig h t . 5 MR.-CALWELL: O.R., Mr. Hogeman. Thank you. 7 8 9 W iley Hogeman 10 11 12 13 14 15 l 17 18 19 20 21 22 23 24 25 JAM ES MAY R E P O R T IN G S ER VIC E IS 1 STATE OF ILLINOIS ) ) SS. 2 COUNTY OB MADISON ) 3 4 I , M. JOY SPRINGER, a N otary P u b lic , duly 5 commissioned and q u a lifie d in and fo r the County o f 6 Madison, S ta te of I l l i n o i s , do hereby c e r t i f y th a t 7 pursuant to n o tic e came b efo re me on the 8 th day o f 8 J u ly , 1983, a t the Radisson H o te l, Room 215, 9th 9 S tr e e t and Convention P la za , S t. L ou is, Missourifc^^'.cg-; 10 . v 1 v' WILEY HOGEMAN, who was by me d uly sworn to t e s t if y : 't o 11 the tru th and n oth in g but the tru th o f h is knowledge 12 touching and concerning the m atters in c o n tr o v e r sy 13 th is ca se; th a t he was thereupon c a r e f u lly examined 14 upon o a th , and h is exam ination reduced to w r itin g 15 under my su p e r v isio n ; th a t the d e p o sitio n is a tru e 16 record o f the testim on y g iven by the w itn e s s ; and 17 sig n a tu re o f the w itn e ss was n o t w aived. 18 .1 FURTHER CERTIFY th a t I am n e ith e r a tto r n e y 19 nor cou n sel for nor r e la te d to nor employed by and 20 o f the p a rties to the a ctio n in which th is d ep osition 21 i s taken; and fu r th e r , th a t I am n o t a r e la t iv e or 22 employee o f any a tto rn ey or cou n sel employed by the 23 p a r tie s h ere to , or f in a n c ia lly in te r e s te d in the 24 a c tio n . 25 IN WITNESS WHEREOF, I have hereunto s e t my JAM ES MAY R E P O R TIN G SER V IC E IS hand and a f f ix e d my n o t a r i a l s e a l on th is day of July, 1983. Notary Public w ithin and fo r the... County of Madison, S ta te of I l l i n o i s ; **>` JAMES MAY REPORTING SERVICE