Document BRdpkRJyZoqKGqOdzxm6aKp64

FILE NAME Kelly Moore KM DATE 2002 May 31 DOC KM048 DOCUMENT DESCRIPTION Legal - Deposition of Herbert R. Giffins 1 2 4 567 567 567 8 9 10 WILLIAM L. NO COTTON ET 150,374 AL IN THE ) DISTRICT COURT Page 1 ik OF | vs. ) ) JEFFERSON COUNTY TEXAS ) A.P. GREEN REFRACTORIES ) COMPANY ET AL VERDA SUTTON SUTTON AND NO P.D. VS. ) 60TH JUDICIAL 41,862 DISTRICT ) IN THE DISTRICT COURT } 7 } ) HARDIN COUNTY TEXAS ) ACandS INC ET AL } 356TH JUDICIAL DISTRICT 11 : VIDEOTAPED DEPOSITION OF 12 : 13 14 15 16 17 18 19 20 21 22 23 24 25 HERBERT R. GIFFINS | MAY 31 2002 | VIDEOTAPED ORAL DEPOSITION OF HERBERT R. GIFFINS produced as a witness duly sworn by me at the instance of the Plaintiffs taken in the above styled and numbered causes on the 31st of from 10:06 a.m. to 7:02 May 2002 Certified p.m. before Kathy Miller Shorthand Reporter No. 739 in and for the State of Texas at the offices of Brown McCarroll L.L.P. 2001 Ross 75201 pursuant to Avenue Suite the Texas 2000 Dallas Texas and the provisions stated Rules of Civil on the record Procedure therein or attached mene eR racer ee NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766020 7610 14 inanmr sl I 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 222 222 222 APPEARANCES For the Plaintiffs Mr. Brent W. Coon Brent Coon & Associates 3550 Fannin Street Beaumont Texas 77701 For the Defendant A.O. Smith Mr. Daniel Shusterman Gerard Singer & Levick P.C. 16200 Addison Road Suite 140 Addison Texas 75001 For the Defendant Cleaver Ms. Michelle D. Fuller Sammons & Parker 11200 Westheimer Suite 520 Houston Texas 77042 For the Defendants Certainteed Dana and Union Carbido Mr. William C. Nantz Germer Bernsen & Gertz L.L.P. 333 Clay Street Suite 4105 Houston Texas 77002 For the Defendant Borg Warner Mr. Mark D. Van Cleave The Baker Law Firm 12600 Featherwood Suite 225 Houston Texas 77034 Company For the Defendant Moore Paint Mr. Scott P. Hazen Brown McCarroll L.L.P. 2001 Ross Avenue Suite 2000 Dallas Texas 75201 For the Defendants Quigley and Pfizer Mr. Larry W. Thorpe Beime Maynard & Parsons L.L.P. 1300 Post Oak Blvd. 25th Floor Houston Texas 77056 Page 2 123 INDEX 123 3 Appearances Stipulations 4 HERBERT R. GIFFINS S Examination Coon 9 6 ATTACHED DOCUMENTS 7 NO DESCRIPTION 8 REFERENCED : KM 01129 Moore Paint Company Inc. Brochure 64 10 KM 01019 List of Moore Asbestos- Containing Products 124 I KM 01025 - ; 12 01041 Xerox copies of Paco Textures Products Labels etc. 127 13 KM 01027 Cover Sheet Spray 161 14 15 KM 01086 Paco Invoice Intracompany 166 KM 01099 Document entitled Moore 16 Paint Company Production and . Sales By Factory Location Of . 17 Drywall Products Containing Asbestos 181 18 : KM 01020 Directions for use of various 19 Paco Compounds 220 Carlos 20 KM 01018 Paco Textures San Raw Material Index 232 21 KM 01145 Summary Occupational 22 Injuries and Hinesses 243 23 KM 01126 Moore Production and Sales By Factory Location of 24 Drywall Products Containing Asbestos ~ 25 1 2 3 4 5 6 7 8 9 10 = 20 14 ts 16 17 18 19 20 72222 72222 72222 72222 72222 APPEARANCES Defendants Kellogg For the Ms. Melinda Y. Balli Mr. Randall Huntsinger and Brown & Root: Godwin Gruber P.C. 1201 Elm Street Suite 1700 Dallas Texas 75270 For the Defendant Fluor Ms. Pamela Neale Williams Adams & Coffey P.C. 222 West Las Colinas Suite 1730 Irving Texas 75039 For the Defendant 3M Ms. Cynthia Yanof Ms. Ann Phillips Haag ; Thompson Coe Cousins & Irons L.L.P. 200 Crescent Court IIth Floor : Dallas Texas 75201 Page 3 ; DOCUMENTS REFERENCED ATTACHED 1 2 NNOO DESCRIPTION . REFERENCED REFERENCED 3 Ex Product Information Spreadsheet 241 4 01239 Moore Memo to Doug Merrill from Svend Stubb 3 Subject Asbestos Use ^fin 6 Paint Products 254 KM 01058 Canadian Asbestos Letter 7 dated January 24 1972 258 & 01022 Paco Textures Memo Project Progress Report No. 4 259 9 ' 01056 Moore Paint Company 10 Servicing Instructions 266 ] KM 01042 Letter dated June 6 1972 to Walter Pickens from W. Spence 269 12 . KM Paco Textures Memo Re Paco Status 1413 Concerning Concerning OSHA Requirements for Asbestos Exposure 272 KM 01043 Paco Textures Memo Re Paco Status 15 Concerning Concerning OSHA Requirements for Asbestos Exposure - 16 , KM 01108 Paco Production Meeting 10/30/72 273 17 KM 01236 Airborne Asbestos Fiber Counts 18 dated November 13 1973 279 19 01257 Liberty Mutual Letter dated January 4 1973 274 20 KM 01061 Memo Re Paco StatusConcerning 21 OSHA Requirements For Asbestos Exposure 283 22 289 KM 01060 Meeting Paco Production Meeting 23 February 28 1972 24 KM 1002 Manville Sales Corporation Letter dated January 2 1974 293 Page 5 a a TL MSCS vee NELL McCALLUM & ASSOCIATES INC 713 861-0203 2 Pages 2 to 5 36766920-761c DESCRIPTION REFERENCED 123 NO 123 KM 01014 and Asbestos Health Presentation 4 Document dated 3-4 December 1973 293 KM ; 01063 September Production Meeting 6 7 01051 OSHA 298 DrywallProducts Subject Asbestos 8 Corporation KM01137 Manville KM01137 July 15 Corporation Letter 10 KM 0123J5unAeirborne Fiber Counts = KM of 213 01096 Summary Airbome Asbestos dated 213 01095 Letter July 7 1975 Doug Merrill from H.B. Rhodes - 14 to December Liberty Mutual Letter 15 KM 01254dated , - December Mutual Letter dated August 15 1975 ~ 17 February Douglas 18 KM 01053 Paco Textures Letter dated Michael Merrill Love 19 Paco Textures KM 01055 Letter dated 20 February 13 1976 to Hughland Brinkley from Dougias Merrill 316 21 KM 22 01127 Liberty Mutual letterdated 23 01094 Union Carbide Corporation letter dated May 1976 24 25 Page 6 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 Page 8 MR COON Take it pursuant to the ~~ rules MR HAZEN Pursuant to the rules te Tetras reserve objections as to form and responsiveness MS WILLIAMS Do we have an oN objection made by one defendant is good for all CE defendants Sr MR HAZEN Good for all rere MR COON Sure What I would like deo nee to do when he is ready we will get him sworn in and just have the identity of those that showed up and fentae who they represent Sin THE VIDEOGRAPHER Everybody ready MR HAZEN Ready . THE VIDEOGRAPHER One moment We're on the record The time is 10:08 a.m. May 31st 2002 beginning of Tape 1 HERBERT R. GIFFINS havihaving ng been first duly sworn to testify testify the truth the whole truth and nothing but the truth , testified as follows MR COON For purposes of the record we need the identity of the parties Brent Coon on behalf of plaintiffs MS BALLI Melinda Balli on behalf 2 NO DESCRIPTION DOCUMENTS REFERENCED 3 01118 Natural Resources Defense Council letter dated 4 July 1976 Corporation S 01087 Manville Sales Corporation letter dated August 1976 6 KM 01161 Paco Memo dated October 1976 321 7 KM 01050 Paco Memo dated January 1977 326 8 . CrosfieldPacific KM 01159 & 9 01159 Harrisons 10 01093 Calidria Asbestos Union Carbide Letter dated May 27 1977 336 11 Calidria 22 DecemberUnion Carbide 12 KM 010L9et1terCadlatieddria Asbestos Union Carbide Carbide 334 13 01233 Moore Memo dated 1/23/78 331 01244 Memo 14 KM November TexturesTextures dated 15 81 marked KM 01057 EPA Proposed Rule Making also Plaintiff's Ex 10 * 2822222 282 228222 2 2822222 282 2 2 2822222 Page 7 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 18 19 20 21 22 23 24 25 Page 9 of Kellogg and Brown & Root Inc. MS YANOF Cindy Yanof here on behalf of 3M Company MS; WILLIAMS Pam Williams here for Fluor Fluor FLUOR FLUOR . MR THORPE Larry Thorpe here for Quigley and Pfizer MS FULLER Michelle Fuller here for Cleaver MR VANCLEAVE Mark VanCleave here for Borg Warner MR NANTZ Bill Nantz here for Certainteed , Union Carbide and Dana MR SHUSTERMAN Dan Shusterman & Schwarz -- Smith - MR HAZEN KeMlolo yre Paint Scott Hazen on behalf of Company MR COON Ready to proceed THE REPORTER Ready EXAMINATION BY MR COON morning Gif ins Q. Good morning Mr. Giffins A. Good moming Q. Could I have you introduce yourself to the Ladies and Gentlemen of the Jury by stating your NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Se ni rere 3 Pages 6 to 9 36766920-761c.1367619204-761c6.1 46__Bc1cB3c6761692c0-761c.1146_Bc1c 36766920-761c.1146_Bc1c 000150dbone Page 10 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 full name and address please sir A. My name is Herbert Ronald Giffins that's spelled GIFFINS GIFFINS My home address is 7004 Orchard Hill Court Colleyville Texas 76034 Q. Mr. Giffins where is Colleyville _ A. It's about midway between Dallas and Fort Worth going west from here Q. My firm has noticed to the attorneys for Moore a -- what is called a corporate representative or a person to be a spokesperson for the company with respect to some asbestos matters and you are the person that Moore has presented this morning in that regard and so I want to ask you some background questions first before we get into the substantive discussion this morning First have you had an opportunity to be a spokesperson for Moore in any matters in the past as a -- what would call a corporate representative A. In matters relating to what sir Q. Just any type of matters A. Yes Q. Could you just give me a general summary of the type of matters you have been involved as a corporate spokesperson for Moore in the past Page 12 i 1 A. Yes sir 2 Q. And what is your title sir 3 A. My current title is president Southwest 4 Division 5 Q. And what does the Southwest Division 6 encompass 7 A. It takes in basically Texas Oklahoma 8 Colorado Arkansas and Arizona 9 Q. Mr. Giffins how many times in the past 10 before today have you given any type of testimony 11 regarding an asbestos matter 12 A. Probably I'd say four maybe five times 13 Q. And how far back do those go 14 A. My first one would have been October It 15 would have been in the -- probably the fall of 2001 16 Q. I take it you have had three or four 17 _ others since then before today 18 A. Yes sir Yes 19 Q. Did you give your testimony by deposition 20 like you're doing today or were one or more of 21 those involving trial testimony where you went to a 22 courthouse 23 A. They were depositions sir 24 Q. Were they all matters involving a person 25 who claimed an asbestos injury Page 11 Page 13 f 1 A. Primarily related to the asbestos 12 A. Yes sir - 2 involvement with Paco . 3 12 Q. Did they all involve a claim by the Q. Any circumstances other than being containing 4 representative for Moore in asbestos 3 individual to exposure to 4 S matters materials made at some point in time in the past by 5 Moore . 6 A. I've represented the company in -- at 6 ' A. The depositions were to address those 7 meetings and things like that I am not sure I 7 issues yes 8 understand your question entirely 8 Q. Were all of those claims pending here in 9 Q. Okay Let me bifurcate it then With 9 Texas or were they outside of Texas 10 respect to litigation matters have you been a 10 A. There are some outside of Texas 11 corporate spokesperson for cor -- Moore in _ 11 Q. Could you tell me what other states 12 anything other than asbestos matters ?. 12 have given case testimony in you 13 A. No sir 13 A. I believe there is one related to 14 Q. And other than the asbestos 15 matters have you been a spokesperson for 14 California and - you have -- the problem I am 15 having a lot of these were all bunched 16 Moore on any other type of litigation of a 16 Q. - Yes sir together 17 corporate nature or anything like that 17 A. had like two or three so they may 18 A. I was involved years ago in a couple 18 have -- some of those may have been with the 19 depositions One had to do with a -- a product that 19 or -- and at the same time related Texas 20 was sold through one of our stores and then another 20 but I believe there to a California 21 deposition had to do with a -- a trial had to do case was a California case and 21 then there was probably one in Michigan or _ 22 with an employee at one of the stores that we had 22 somewhere up in that area 23 acquired . 23 Q. Before your testimony today did have 24 Q. And you are presently employed by 25 Moore correct you 24 an opportunity to go back and review the prior 25 deposition transcripts you have given NELL MCCALLUM & ASSOCIATES INC 713 861-0203 4 Pages 10 to 13 36766920-761c 00045a4bdea7 Page 14 1 2 3 4 S 6 _ 7 8 9 10 A. Yes sir Q. Is there anything else that you had an opportunity to review to assist you in testifying today other than those depositions A. I've gone through the documents that I h believe that you were provided There were about six boxes of documents that you were provided I- II went through those I went through the depositions as I had mentioned That was basically it 11 Q. Mr. Giffins are you aware generally of 12 the history of Moore with respect to 13 asbestos litigation 14 A. Yes sir 15 Q. Are you aware of persons being designated 16 as a corporate representative of Moore prior 17 to yourself 18 A. Yes sir 19 Q. Could you tell me the names of those 20 persons that you know of as having been the 21 corporate representative or the spokesperson for 22 ~ Moore before you took over that role in 2001 23 MR HAZEN Objection form Go 24 ahead 25 A. I'm familiar with Doug Merrill obviously 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22222 22222 22222 22222 22222 16 Page : A. In 1978 : Q. And do you know when they acquired that ; facility : A. '78 Oh when Moore -- ; Q. Yes sir A. -- did Q. Yes sir q A. The Moore -- originally in Broken Arrow they opened that facility in 1975 and prior to that though they -- the location was in Tulsa and they opened that in '69 So in tracking it back it would have been '69 in Tulsa '75 they moved to Broken Arrow Q. How about Frederick Marquardt know Frederick Marquardt A. I'm not familiar with that name Do you Q. Okay How about Patrick McDonald A. Yes I'm familiar with Patrick Q. How is it you know Patrick McDonald A. He is our vice president of human resources and auditing Q. Still employed there I take it A. Yes sir Q. Have you had an opportunity to review any of his prior deposition or trial transcripts 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 222 222 222 Page 15 He's probably the most recent And as far as I _ know he was the only one that was primarily representing the company in these asbestos issues Q. By Mr. Coon Okay Is it your _ understanding that Doug Merrill was the -- what you would call the principal point person for these types of matters before yourself A. Yes sir Q. Did you know a Doyle Freeman A. Bill Freeman Q. just have Doyle Freeman Do you know a Doyle A. I think it's William Doyle Freeman Q. And I take it you do know -- A. Yes Q. -- at least William Doyle How is it you know him A. Mr. Freeman owns the Freeman Drywall Company in Broken Arrow Oklahoma and he had purchased that -- the assets of that company from Moore Q. And when was that a Moore facility Do you know what years A. When it was last a Moore facility Q. Yes sir Page 17 I _ regarding these matters 2 A. have 3 Q. And what about Mr. Merrill have you 4 reviewed any of his prior transcripts S A. Yes sir 6 Q. Have you had an opportunity to discuss 7 generally with him the -- the nature of the 8 questions that he was asked and what your roles may 9 be as a corporate spokesperson for Moore 10 A. Sure have 11 Q. Have you had an opportunity to talk to 12 __ other individuals at Moore with respect to 13 assisting you in generally -- just preparing 14 yourself for being a spokesperson in these matters 15 A. have talked to employees of , yes 16 Moore sir 17 Q. Could you give me a general idea of the -- H:t 18 the types of things that you did to help prepare 19 yourself outside of discussions that you had with 20 attorneys for Moore 21 A. You a want time line or do you just 22 want - 23 Q. Yes sir Generally you can just tell us 24 I mean we know that you're the spokesperson 25 You've had an opportunity to review a number of NELL MCCALLUM & ASSOCIATES INC 713 861-0203 5 Pages 14 to 17 Page 18 Page 20 ff 1234 boxes of documents that Moore has regarding 1234 these issues You have had an opportunity to give a 1234 few prior depositions You have been able to read 4 your prior depositions You have also been able to 5 talk to some other Moore persons that you have 6 identified as well as review their transcripts 7 And am saying in addition to that if you could 8 just kind of give us a summary of what your other 9 sources of information or preparation for these 10 types of proceedings would entail 11 A. Okay I think the best way to do it is to 12 track back how long I have been involved because a 13 _ lot of this has transpired since basically April of 14 2001. That was when I was first asked to get 15 involved and it wasn't until about oh I'd say 16 August or fall of 2001 that I was involved in a -- regular 17 from routine Up until that point it 18 was a hit and miss 19 Since then I have talked to four or five 20 employees interviewed them on a one 21 basis 2222 Q. Can you give us the identity of those 2222 persons 2222 A. Sure 2222 Q. Do you recall who they were - 12 with them was to find out what they knew and so I 2 could tie the whole -- tie the whole thing together 3 Q. With respect to each of these gentlemen 4 first Mr. Winslow -- S A. John Winslow 6 7 . 8 9 10 Q. Yes sir When and where did you have an opportunity to meet with him A. It would have probably been in the fall of 2001 because I didn't start talking to the individuals until about that time 11 Q. And what was his title that would have 12 caused you to solicit him for additional 13 information 14 A. When he left the company he was vice 15 __ president of store operations and prior to that he 16 had held norm - numerous positions starting out as 17 a salesman and at one time he was also the sales 18 manager for the company 19 Q. Where does he reside now 20 A. He's retired and he lives in northern 21 California I want to say Petaluma area 2222 Q. Did you have an opportunity to personally 2222 meet with him or just by phone calls 2222 A. No have met with him personally sir 25 Q. Okay More than one occasion Page 19 1 2 3 4 ~~ 5 A. John Winslow Mr. Don Scranton Mr. Bill Harrison Mr. Freeman Bill Freeman There was a Tom -- I can't think of his last name now I can't think of his last name There was an employee It will come to me 6 Q. Okay Did you take any recorded 7 statements or any other kind of written notes with 8 respect to your meetings with those individuals notes 9 A. took my own 0 10 yes as I met with them those 11 Q. And do you still have notes 12 A. do have them Moore 13 Q. Are they with their in them 14 attorneys or do you keep 15 possession in your personal 16 A. had them -- they were in my personal 17 possession 18 Q. Briefly with respect to each of these 19 gentlemen why is it that you sought them out and 20 what was the nature of the discussions 21 A. Primarily because at the time they were 22 either in sales or a management position with 23 Moore during the period that Moore owned 24 Paco and they may have had some indirect 25 involvement or whatever and my purpose of meeting 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 | 23 24 25 Page 21 A. One Q. One A. Personally I have met with him once I have talked to him one or two times since then over the phone asking him a question but my personal meeting with him was only once Q. Okay Did you know him before looking him up for these purposes as just being another Moore employee Moore A. had met -- when he left he went to work for some of our suppliers as a -- as a got manufacturer's rep and I had met him or him that way first to know Q. Okay Since we're going to go through a number of your former employees and people that you may have had dealings with as an employee of Moore probably need to back up real briefly Could you tell us just real briefly you know where you grew up and how you got involved with Moore If you had employment before Moore what it was and then once you got -- A. Sure Q. -- to Moore if you cankind of walk progression us through the chains of Q A. Sure NELL & MCCALLUM ASSOCIATES INC 713 861-0203 6 Pages 18 to 21 36766920-761c 00045a4bdea7 Page 22 1 Q. -- and promotion 2 A. Very happy to I was born and raised in 3 southern New Jersey I attended private school 4 through high school Went on for two years in the 5 seminary for religious education Left that after 6 . two years went to work for a summer for Chrysler 7 Corporation on the assembly line while I decided 8 what wanted to do Then went to work for 9 Williams Paint Company spent about 24 years 10 -- 24 and half years with them in various 11 positions 12 Q. What year would that have been that you 13 started at Williams 14 A. '61 15 Q. Okay 16 A. I graduated from high school in '57 17 Q. Okay And you were with Williams 18 -- 19 A. Either '60 or '61 20 Q. You were with Williams from '61 to 21 = about '85 22 A. Yes sir 222 Q. And could you briefly tell us the roles 222 and responsibilities you had in your decade 222 tenure with Williams Page 24 ; 1 ownership but oversaw the entire operation of the : 2 _ store as far as sales operations and accounting ; 3 Q. We're talking about Williams x 4 we're talking about the national chain that most i S people know about i 6 A. Yes sir : 7 Q. Paint stores 8 A. Yes sir : 9 Q. Wallpapers : 10 A. Right k 11 Q. And you retired from there in 1985 : 12 A. I I didn't retire I -- I left : 13 Q. Okay And what was the purpose of leaving i 14 that company in 1985 f 15 A. I was approached by Moore to join : 16 their organization 17 Q. Was this something where you were sought K 18 out by them or you sought them out or -- F 19 A. Sort of ; : 20 Q. -- kind of mutual 21 A. Sort of The -- the president of the 2222 company at the time knew me from Williams & 2222 Q. And who was that gentleman 2222 A. Joe Christiano He's our current i 2222 president and C.E.O. fi Page 23 123 A. I started out as an assistant -- what we 123 call -- they called in those days a credit manager 123 in one of their stores and credit managers were 4 primarily assistant managers AndI started out in S small store in Pennsylvania I worked there a 6 couple years then went to a larger store in 7 Pennsylvania I was promoted to a larger store 8 From there I went to their regional office and 9 _ worked in real estate and store planning Spent a 10 couple of years doing that and then was promoted to 11 their corporate headquarters in Cleveland whereby I 12 was part of a start store planning department 13 where we designed stores and signage and that type 14 ~~ of thing And from there tried -- went on to 15 different other departments different positions in 16 sales and in operations And ultimately I when left 17 Williams in '85 I was a district manager 18 for them in the bay area Northern California 19 Q. And what were your responsibilities at 20 that time 2222 A. As district manager 2222 Q. Yes sir 2222 A. Primarily responsible for about 13 stores 2222 At that time the way they were structured is the 2222 district managers had full ownership or not Page 25 [Z I Q. And where did the two of you meet : i 2 A. Oh boy You're really testing my memory 3 here We first met -- he was a personnel manager 4 for the North Central Division of the 5 Williams Company and I think -- 6 Q. Okay So you knew him first as a 7 Williams -- 8 A. Yes sir 9 Q. - coworker 10 A. Yes sir U1 Q. And so you -- you knew him way back when i i 12 as another employee at Williams then 13 apparently he left Williams at some point in 14 ___ time prior to you to go to work at Moore 15 A. Correct And he and I had crossed paths 16 over the years during my 24 plus years with SW and 17 -- in different venues 18 Q. Do you know if he had made overtures with 19 respect to other Williams employees to come 20 to work at Moore : 21 A. huh Sure did : 2323 Q. Do you have any idea generally the -- the 2323 number the type of people he was looking for to 2323 come to work over there 25 A. If can describe Mr. Christiano he -- he NELL MCCALLUM & ASSOCIATES INC 713 861-0203 7 Pages 22 to 25 36766920-761c 00045a4bdea7 Page 26 hardworking 123t looks for people that are 123t dedicated to get the job done honest and 123t Q. And do you know -- 4 A. If that's what you're asking - Page 28 : 1 2 3 4 A. Mr. Moore was president prior to that Q. Okay So he hires Mr. Christiano from Williams to essentially take over his title A. Correct sir 5 Q. Yeah generally And do you know how 6 Mr. Christiano ended up going to work at 5 Q. And what happened to Mr. Moore after that 6 Did he take a senior status or is there a C.E.O. 7 Moore 8 A. know the story yes 7 status above the president or -- 8 A. He took a senior status and I believe for 9 Q. Okay What's the story 9 while was the C.E.O. 10 11 12 13 14 15 16 17 18 19 A. Williams at the time was trying to buy Moore Paint Company Q. When was this A. This probably would have beeinn the early 80s I can't give you the exact time Now I am telling you a story hand because this is what Mr. Christiano told me Q. Okay We got to know how he got hired huh A. Yeah 10 Q. And then after Mr. Christiano was working 11 at Moore he from time to time would go back 12 to people he kneawt Williams and offer them 13 jobs 14 A. | can only tell you -- I can only tell you 15 that he and I had made contact and I know that he 16 and Mr. McDonald made contact Other than that I 17 can't tell you who else he may have talked to 18 Q. Okay Is this the Mr. Patrick McDonald 19 you told us about earlier 20 Q. Okay 20 A. Yes sir 21 A. John Green who was at the time the 21 Q. So he was also a former Williams 2222 president of the Williams Company wanted {| 22 employee 2222 buy Moore and he sent Mr. Christiano who was 23 A. Yes 2222 the regional director for the West Coast over to 24 Q. Do you know if many employees at this same 2222 meet with Mr. Moore and that's how Mr. Moore and 25 time frame were jumping ship so to speak from Page 27 12 Mr. Christiano met and from that relationship I 12 believe Mr. Moore offered him a job send 3 ~ Qs . Got to be careful who you to 4 negotiate huh 5 A. That's correct sir 6 Q. Okay So Mr. Christiano went over to as 7 understand talk to Mr. Moore about selling out 8 and instead was talked into coming to work for 9 = Moore 10 A. That's correct in basic terms 11 Q. And about what year was this 12 A. I would have to say it would have been _ 13 early 80s because I came -- I went to Moore 14 in '85 and Joe had been there - Mr. Christiano had - 15 _ been there two to three years prior to that so it 16 had to transpire somewhere around '80 '81 but the 17 initial contact I'm assuming was made 18 Q. Okay Do you know what position 19 Mr. Christiano took when he came to work for 20 Moore in the early 80s 22223 A. huh He went over as president 22223 Q. President of Moore 22223 A. Yes sir 22223 Q. Was this the role that Mr. Moore had prior 22223 to that Page 29 ff 1 = Moore to go to work for Williams at 2 that /at/that same level of management 3 A. Some of that was going on I can't tell 4 you for what other reasons for all the reasons 5 but yeah there was a little bit of change going on 6 = at the time- 7 Q. Okay Was Williams considered to 8 competitor of Moore at that time frame 9 A. You could say that -- I think 10 Williams looked at Moore more as a 11 competitor than Moore looked at 12 Williams as a competitor _ 13 Q. Who were the other competitors in the 14 market at that time 15 A. It and -- what -- what market 16 Q. Just in the markets both of them were in 17 I guess we're talking principally paint are we not 18 A. Correct 19 Q. Okay Let's first talk about the paints 20 A. Well Moore was -- when I came with 21 the company in '85 is broad It's over many 22 states so there's numerous competitors If you're 23 talking about who was Moore's competitor in 24 the bay area that's going to be different than who 25 was -- Moore's competitor was in Texas and NELL MCCALLUM & ASSOCIATES INC 713 861-0203 8 Pages 26 to 29 36766920-761c 11d6-8c1c 00045a4bdea Page 30 I that type of deal 2 Q. So they had a lot of regional competitors 3 as opposed to national competitors 4 A. There are nationals such as 5 Williams and Glidden were involved but 6. 7 8 then yes there were regional individuals Q. Okay Is Glidden the only one that comes to mind as another national competitor to 9 Williams and Moore 10 A. Benjamin Moore comes to mind 11 Q. Okay Anyone else 12 A. Nothing rings a bell 13 Q. Okay When you went to work at 14 Moore in '85 -- 15 A. '85 16 Q. - what were the product lines that were 17 made or manufactured by Moore at that time 18 We know mostly paints correct 19 A. Well that's basically all that 20 Moore manufactured was paint 22222 Q. And what type of paints We know house 22222 paints interior exterior Do they also have 22222 industrial paints Commercial grade paints 22222 A. No Moore is primarily what we 25 classify as an architectural house and makes paints Page 32 : 123 how to make a duck a kitten or something and then i 123 paint it and put it in an oven or something 5 3 Q. More ornamental ceramics as opposed to : 4 tiles fl 5 A. Yes Correct 6 Q. Okay 7 A. And they were in the mining business at 8 one time but this was all prior to me The ceramic 9 business was sold not long after I came with the 10 company 11 Q. Where were their mining operations Did 12 you say mining 13 A. Yes 14 Q. Okay What type of mining 15 A. Minerals 16 Q. What type of minerals 17 A. Different types of things that may have 18 been used in coatings or those types of compounds 19 Q. Are we talking about silvers platinums 20 Asbestos is a mineral We talking about asbestos 21 A. No it was not an asbestos material 22 It was more -- I want to say like calcium or -- they 23 were -- just minerals that were mined that primarily 24 could be used in coatings Nonhazardous 25 materials Page 31 Page 33 12 for residential commercial use 2 Since I have been there I am not aware that we 3 ever were in the industrial coatings At one time 4 they did manufacture some lacquers but that was S quite some time ago 6 Q. Okay Now we also know that they made a 7 number of textures and joint compounds at one point 8 in time 9 A. That is correct 10 Q. And as of the time you went to work there 11 in the mid 80s was Moore continuing to 12 manufacture those types of product lines 13 A. No sir 14 Q. Do you know when they got out of the 15 manufacture or distribution of those types of 16 product lines 17 A. Shut down the operation in 1982 18 Q. Okay From 1985 to the present has 19 Moore been involved in the manufacturing of 20 other product lines outside paints 22222 A. Well when I -- at one time they owned a 22222 ceramic company ~= s 22222 Q. _ Is that for ceramic tiles floor tiles 22222 wall tiles 22222 A. That was ceramics like you go and learn t Q. Okay Do you know where these mines were 2 located 3 A. There was one up in Sacramento California 4 area Tulsa S Q. Okay And were these using the raw 6 materials or the raw minerals that they were mining 7 out of this in some of their own product lines 8 A. I believe there was one or two items that 9 they were using but most of it was being sold on 10 the secondary market 11 Q. Do you know what they were using in their 12 own products Was this something they wereusing in 13 their joint compounds or paints 14 A. I do not believe it was used in the joint 15 compounds I believe it was more -- went into the 16 paint product itself 17 Q. Okay Did Moore have the facilities 18 to produce their own raw materials for their paints 19 or were those typically supplied by outside vendors 20 A. Typically supplied by outside vendors 21 _ Q. Did they have any of their own what you 22 would call manufacturing facilities to make some of 23 the actual different ingredients that went into the 24 paints 25 A. Only thing that we did make for a while NELL MCCALLUM & ASSOCIATES INC 713 861-0203 9 Pages 30 to 33 36766920-761c 00045a4bdea7 Page 34 Page 36 I was latex We manufactured our own latex 2 Q. And with respect to the joint compounds 3 that were made at some points in the past did 4 Moore ever make any of the raw ingredients for S those products 6 A. No. Everything waspurchased from an 7 outside source 8 9 10 11 Q. Okay Once you were at Moore in '85 could you give us a brief summary of the = different jobs you had over the next 15 years and what each of those roles would have entailed 12 A. When I came to work with Moore in 1985 I was brought in as a merchandise manager 14 what was called a merchandise manager and I was 15 responsible for the buying of the nonpaint items 16 that went into the Moore paint stores 17 Q. Is this like paint brushes rollers 18 A. Brushes 19 Q. Trays 20 A. Yes sir 22222 Q. Tarps all that stuff 22222 A. Correct 22222 Okay 22222 A. And then I was alsoin charge of the 22222 advertising department 123 123 123 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22222 } 22222 23 24 25 do have other than the ones you just named about Washington California Oregon MR HAZEN Objection form A. Yeah Talked . Q. Mr. Coon Do you know if they're in Oregon A. huh Q. Do you have stores in Oregon A. Yeah we are Q. Nevada A. Yes Q. Utab A. No. Q. Idaho A. Yes Q. Colorado A. Yes Q. Arizona A. Yes Q. Texas A. Yes sir Q. Oklahoma still A. Yes sir Q. Arkansas A. Yes Page 35 Page 37 123 Q. Was this advertising nationally or 123 locally 123 A. Well we're a regional company so it covered 4 would have just have S - the company the regional needs of 6 Q. Okay And when we're talking about 7 Moore being a regional company what do you 8 mean 9 A. It's it doesn't -- we don't market 10 nationally We don't go from coast to coast north | 11 to south --. 12 Q. Okay 13 A. -- primarily We're basically -- you can 14 _ a_ lmost right now drawa line down from the State of 15 Colorado down into Texas and look at us as being 16 west of that 17 Q. Would you say just generically 18 geographically mostly the southwestern United 19 = States 20 A. No. Because it goes all --- we have stores 21 ~~ in in Washington state we have stores in 22 = California in Colorado So -- we don't have them 23 in New Mexico but pretty much we're a western 24 ~~ company 25 Q. Okay Have - do you know what states you 12 Q. Louisiana 2 A. No. 3 Q. Okay So you generally don't go east of 4 Texas 5 A. No sir 6 Q. Do you go south of Texas Do you do 7 anything down in Mexico 8 A. No. 9 Q. Do you do anything outside of the United 10 States anywhere 11 A. As far as company stores 12 Q. Yes sir 13 A. No sir 14 Q. What about just sales 15 A. A few years -- couple years ago they 16 __ started selling some material to China That's done 17 through an export 18 Q. Okay right So anyway I'm sorry 19 we're jumping around again We're '85 20 ~ mserchandising 21 A. Right 22 Q. Then what 23 A. And then two years later I was promoted 22 to vice president of store operations 22 Q. And what did that involve NELL MCCALLUM & ASSOCIATES INC 713 861-0203 10 Pages 34 to 37 36766920-761c Page 38 A. That involved management -- management or 3 overseeing of all of the company stores as far as the operations end of it and that involved the hiring of the people the training of the people 8 the setting up of the stores the design of the stores anything to do with an operational part of the store Q. And after that 9 A. And after that I did that until about 1994 when I also took on some responsibility as president of acquisition in the northwest And then in '96 January of '96 I came down to Texas to Hurst as President of the Southwest Division Q. And the title there is President of the Southwest Division A. Yes sir Q. Is that the title you still hold A. Yes sir Q. And how many different divisions are there within Moore A. There's two separate operating divisions The Southwest and Pacific Q. And what is your territory as president of the Southwest Division A. As mentioned earlier it takes in Texas Page 40 |. A. Up until four years ago it was all privately owned by Mr. Moore and he sold a portion of it to the employees about four years ago Q. And do you know what percentage of the shares he released back to the employees 6 A. About 42 percent Q. Were all employees eligible for -- A. Yes sir Q. And did they just buy shares for a price 10 that he set or was it distributed based on seniority 11 or how did that work 12 A. No it's put into a -- it's a retirement 13 account basically and then you get so many shares 14 Q. Is this kind of like a ESOP program 15 A. ESOP yes sir 16 Q. And your shares are acquired through 17 contributions and merit and seniority or 18 combination 19 A. It's all based I believe on -- think 20 the program is based on your salary You get so 21 many shares based on your salary 22 Q. And do you know how the shares are fixed 23 in terms of value 22 A. do not 22 Q. Is there any floating scale of the value Page 39 Colorado Arkansas Oklahoma Arizona I think that's it 3 Q. Okay And Pacific Division is 4 predominantly I guess California Oregon and 65 Washington A. Pacific would cover Nevada Oregon Seattle Washington and Northern California Q. Has this geographic territory been relatively stable over the last couple of decades A. Geographic are you talking about Southwest or ; Q. Yes sir No. Both Have you expanded or contracted generally speaking or stayed the same A. Oh we've expanded Q. Okay What do you do now as president of the Southwest Division A. My responsibilities primarily are the bottom line profitability of the entire division and that causes me to interface with the other departments such as operations sales and accounting and the factory to achieve that objective Q. Okay Is Moore publicly or privately held Page 41 A. It's evaluated every year I do know that because we get a new statement every June or so which indicates what the value of the shares are Q. And do we have any idea what the total asset of the 42 percent of the shares is estimated , 9 to be A. couldn't tell you that sir Q. Are we talking I assume millions of dollars MR HAZEN Objection form A. couldn't -- I really couldn't tell you I mean I was -- you know anything I tell you would be an assumption Q. By Mr. Coon Okay Do you have any idea what your stake in the company is as a shareholder A. My personal Q. Yes sir MR HAZEN Objection form A. have a an idea of what it was a year ago I don't know what it is today Q. By Mr. Coon Okay Let's go a year ago We understand market volatility A. Yeah Very much so Q. But a year ago could you give us just generally a rough estimate NELL MCCALLUM & ASSOCIATES INC 713 861-0203 11 Pages 38 to 41 36766920-761c 00045a4bdea Page 42 123 A. Of the dollar value 123 Q. Yes sir just in terms of shares shares 123 times value 4 MR HAZEN Mr. Giffins I'm going S to object to the form of the question I am going 6 to advise you that divulging your personal finances _ 7 within the company is not something that you're here 8 to give in your deposition today So you can choose 9 to divulge that information or if you wish on your 10 own decision 11 THE WITNESS Actually I prefer not 12 to but I mean if I have to I will 13 MR COON Okay We agree you don't 14 have to if your attorney instructs you not to but I 15 would -- our level of inquiry there I'm not 16 typically interested in anybody's personal assets 17 sir The reason that we're looking into it is 18 because it may lead to some issues with respect to 19 your opinions in the matter if you have a vested 20 interest in the company that you're testifying for 21 so for those reasons we believe it to be relevant 22 23 24 25 MR HAZEN Again Mr. Giffins I'm goinggoing to caution you I'm going to let you make your decision whether you choose to divulge that _ information or not but I'm going to advise you that Page 44 : 123456 A. All -- all employees 123456 Q. Moore went bankrupt went out of 123456 _ business or whatever for whatever reasons your 123456 -- the shares that you have set aside as part of 123456 your retirement under your ESOP would then have 123456 nominal or no value 7 MR HAZEN Objection form 8 A. I don't know all the legal issues about 9 that type of thing but it sounds logical 10 Q. By Mr. Coon Okay 11 A. But I can't tell you for sure what the 12 legal issues are 13 Q. Okay Is there a listing of -- with the 14 various persons that are in management at 15 Moore what their titles are and what they 16 make Is that something that's available to all the 17 employees 18 MR HAZEN Objection form 19 A. have never seen anything like that 20 Q. By Mr. Coon Okay Is there a -- a 21 board Is there -- could you tell me basically how there 22 the structure works Is 1323 ~~ for Moore an operating board 1323 A. Thereis a board of directors for 25 Moore Page 43 1234tno you're under no compulsion to divulge that 1234tno information 1234tno 1234tno 1234tno 1234tno 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 122 25 A. Just from a personal thing I don't see what that's got to do with what we're talking about Q. By Mr. Coon Okay Fair enough Let me just ask a couple other questions then I won't -- don't ~~ we understand you right now want to answer that one Is your retirement based in part as I understand on the shares that Mr. Moore has distributed to the employees which would include you A. The ESOP program provides a retirement vehicle yes Q. Okay And if Moore continues to remain profitable your retirement would be worth whatever more than if Mooreis for unprofitable reasons A. Well from my personal retirement yes because there is no retirement program at _ Moore Q. Right A. The ESOP provides the employees the ability to have a --- a viable retirement program Q. Sure 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 45 ff Q. Okay Do you know who is on the board of directors _ A. know a couple of the people that are on there I know of a couple of people that are on there Q. they all employees of Moore A. No. Q. Are any of them employees of Moore A. Yes Do you know any of the individuals who are not members of Moore who still have a board position there A. Would you repeat that again please Q. Yes Do you know -- there are people -- as I understand you know there are people on the Moore board that are not Moore employees A. Correct Q. Do you know who they are and what they do A. They're family Q. Okay I am just trying to find out why they would have people on the board that aren't employed there You just answered that A. They're family Q. Family members NELL MCCALLUM & ASSOCIATES INC 713 861-0203 12 Pages 42 to 45 36766920-761c 11d6-8c1c 00045a4bdea7 Page 46 Page 48 F 1234567 A. Yeah 1234567 Q. This is family members of Mr. Moore 1234567 A. Yes 1234567 Q. The founder 1234567 A. Yes in Kelly 1234567 Q. Is there a Kelly a Mr. 1234567 Moore in the 8 A. There used to be he's since deceased 9 Q. Oh so if we were to go back on the 10 history of Moore you had Mr. Kelly and 11 Mr. Moore and they formed the company known as 12 Moore 13 A. Yes sir 14 Q. And Mr. Moore became the president at some 15 __ point in time and then he hired Mr. Christiano to 16 replace him a number of years ago 17 A. That's correct Basically 18 Q. Mr. Christiano still holds that title 19 A. He's president and C.E.O. 20 Q. Okay He is president and C.E.O. now 21 Who do you report to 22 A. Mr. Christiano 1 combat He was in the Navy during the second world y 2 war and he came back to the bay area started the : 3 company Hooked up with Mr. Kelly who at that time 4 had retired from the Glidden Paint Company and . 5 Mr. Moore knew him from when he worked for Glidden |: 6 He worked as a salesman I believe at one time for 7 Glidden and that's how he and Mr. Kelly sort of new i 8 each other F 9 And started the company in '46 and then bought E 10 Mr. Kelly out somewherein the early 50s and has i 11 since owned the company since -- well since then 12 Q. Were they originally a California located Hy 13 company ] 14 A. Yes A 15 Q. So they generally expanded west -- or : 16 east over time 17 A. Yes sir 18 Q. Do you know when they first acquired 19 offices in Texas 20 A. We first moved to Texas in 1963 when we 21 bought Hanna Paint Company who was based here in 22 Dallas 222 Q. And who has the same hat that you do on 24 the Pacific Division 222 A. There is no one else 223 Q. And what other facilities has Moore 223 acquired in Texas since then 25 A. am not aware that we acquired any Page 47 Page 49 123 Q. Okay Well -- 123 A. He runs tot he's -- he basically is the guy 123 who -- for the Pacific Division 4 Q. Okay So he does what you do for the S Pacific Division 6 A. Correct And for the whole company in 7 theory He's -- he basically is my boss 8 Q. Okay Is that the only boss you have 9 A. Yes sir 10 Q. Okay So you're second in command 11 A. I don't know if -- I guess you could say 12 that but there are many people out there basically 13 think they're my bosses but no 14 Q. Is your wife one of them 15 A. Mine -- yes 16 Q. Okay Mr. Giffins could you give us just 17 a basic history of Moore 18 A. Sure Very happy to 19 Q. Your understanding of their development 20 mean you told us a little bit about the regional 21 nature in paints but if you could just go back and 22 enlighten us a little bit about who they are and 23 where they came from 24 A. The company was founded I -- in '46 by 25 Mr. Moore when he -- he had just come back from 1 facility -- you say facilities Are you talking 2 about companies 3 Q. Sure Either -- either any other 4 companies that you acquired where you retained an S additional presence here other than in Dallas Or 6 just new offices set up by Moore here in 7 Texas 8 A. Well we bought Hanna in '63 and then 9 built our plant in Hurst Texas in '70 10 Q. Okay 11 A. Opened that in '70 12 Q. And what did the plant do 13 A. Made paint 14 Q. Does it still make paint 15 A. Yes sir in 16 Q. And did the facility that you acquired in 17 '63 -- what was their name 18 A. Hanna 19 Q. Hanna 20 A. Excuse me Hanna I believe it was 21 HANNA 2223 Q. And was Hanna also a -- just a paint 2223 manufacturer 2223 A. They were a paint manufacturer 25 Q. Do you know if they made anything else NELL MCCALLUM & ASSOCIATES INC 713 861-0203 13 Pages 46 to 49 00045a4bdea7 Page 50 123 other than paint you 123 A. I could not tell 3 you sir Could not tell tu Q. Do you know if they made any textures 5 . joint compounds anything like that 6 A. couldn't tell you I don't believe so 7 I wouldn't swear to it 8 Q. Okay Prior to the acquisition of the 9 Hurst facility to make paints where else was 10 Moore actually manufacturing their paints 11 A. Okay The Hurst facility we built 12 Q. Right 13 A. We owned We bought the land and built 14 that So we didn't -- that's something that -- 15 Q. It was not an acquisition 16 A. It was not an acquisition Yes sir We 17 have plants in California We have a plant in 18 Arizona We have a plant in Seattle Washington 19 Those are the operating plants today 20 Q. For the Southwest Region where are the 21 ~~ headquarters Hurst 2222 A. Hurst yes sir 2222 Q. Is that where you typically report to 2222 A. That's where I sort of sit down yes 2222 Q. That's where your office is when you're in Page 52 i 12345 record at 10:53 . 12345 A recess was taken 12345 THE VIDEOGRAPHER Back on the 12345 record The time is 11:09 12345 Q. By Mr. Coon Mr. Giffins during the 6 break I went back over the notes There was a 7 ~~ 8 9 10 11 12 13 couple things I wanted to pick up with you that I had not completely covered We went on to something else You told me about the four gentlemen that you had talked to as -- helping you make notes on the subject matters you may be discussing today One is Mr. Winslow You told us about him Mr. Harrison where does he live 14 A. Bill Harrison 15 Q. Yes sir 16 A. He is retired and he is living in Oregon 17 Q. Do you know what city 18 A. I keep -- I want - Bend comes to mind but 19 I'm not sure that's true 20 Q. Okay Mr. Freeman 21 A. He lives in Oklahoma . 22 Q. And what city somewhere 23 A. can't answer that It's near 24 ~~ Broken Arrow 25 Q. Okay What was his title Page 51 ff Page 53 123 your office 123 A. When I'm in my office yes 123 Q. Are you on the road a lot 4 A. Yes no This -- this thing has taken 5 up a lot of my time lately 6 Q. This thing being -- 7 A. The Paco asbestosissues with Moore 8 Q. Okay Well let's talk about that 9 MR HAZEN Hey Brent 10 THE WITNESS Can we take a break 11 MR HAZEN Yeah I'm just saying 12 if we are gointgo move into that we have been 13 going about an hour maybe we can make a short 14 break 15 MR COON Oh sure And anytime 16 Mr. Giffins I know you have got some back problems 17 any time you need to take a break up walkit stand 18 off let me know okay 19 - THE WITNESS Actually my backis a 20 little bit better than my ability to stay out of to 21 the bathroom I drink a lot of water 2222 MR COON Okay Either way We're _ 2222 happy to break for either one Okay 2222 THE WITNESS Thanks 2222 THE VIDEOGRAPHER Going off the 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. His title when he was with the company Q. Before he retired Yes sir A. Well when he -- when he left the company he was a - in charge of the factory He was general I guess you can call him the general manager of the factory sales part of it MO Q. Okay He was involved with the A. - in Broken Arrow Q. Okay And Mr. Scanton A. Don Scranton Q. Was it Scranton A. Scranton Q. Okay Mr. Scranton A. SKRANTON Q. Whereis he at now and what washis title A. He is retired He livesin Palm Springs California and he a was vice president of sales at one time for the company Q. Okay We talked a lot about the different types of facilities you had and over the break I picked up one of your brochures This is Moore Exhibit 1129 and it appears to be one of -- I didn't see the date on it But it appears to be one from the 60s If you look at some of the NELL MCCALLUM & ASSOCIATES INC 713 861-0203 14 Pages 50 to 53 36766920-761c Page 54 12 photos the cars seem to be from that era And I -- 2 there is a number of things in here I want to 3 briefly talk with you about kind of help us get a 4 _ better idea of some -- some of the issues Inside S there I think there is a picture of Mr. Moore and 6 Mr. Kelly the founders 7 A. That's correct 8 Q. And I can't tell much off of that But 9 you get to here talks about the main office being 10 in San Carlos California is that still the main 11 office headquarters 12 A. That is correct 13 Q. At this time it listed -- again I don't 14 know what year but the factories paint and IS drywalls was Dallas Houston Ontario and San 16 Carlos Are all those offices still open 17 A. Let me see this a minute if I may 18 Q. Yes sir 19 A. Dallas is not -- is no longer open 20 Q. Has that been replaced with the Hurst 21 facility 2222 A. That has been correct 2222 Q. And that's because that opened in '70 so 2222 you did not need the Dallas office anymore 25 A. No that was closed down when we opened Page 56 : 12345 Q. By Mr. Coon Okay It appears be 12345 somewhat of a summary that was done by Mr. Merrill 12345 at some point in the past that kind of set out some : 12345 of the shops and the years they were open ; 12345 A. It was done in -- evidently based on the f 6 _ signature here it looks like 12 of '82 -- : 7 Q. Okay ! t 8 A. -- is when he prepared this 9 Q. That's based on what looks to be his ; 10 signature below it with a date 11 A. That's correct H 12 Q. Okay And he indicated in here I think ; 13 on Page 1 the Houston facility was open around ; 14 '67 It was a drywall manufacturing operation and i 15 closed around '74 H 16 A. Four 17 Q. Does that sound about right Hu 18 A. Yeah I would trust this better than my : 19 recollection . 20 Q. Okay i 21 A. was close on the opening 22 Q. Sure h a | 222 A. But I was little short on the closing 222 Q. Okay And then if we go back to this i 25 chart the next area we have the subsidiary f 5 Page 55 bi Page 57 i 12 the -- the Hurst building 12 Q. Sure 3 A. Houston as far as a factory and -- and 4 drywall that's closed down Ont^riois closed 5 Q. Okay With Houston do you know the years 6 that they were open and closed 7 A. I want to say '66 to maybe '72 because 8 they were -- I think there was still some work done 9 in Houston after Hurst was built I think it would 10 be around '66 '65 maybe to '71 '72 11 Q. Okay Let me show you something to read 12 contemporaneously with it This is Moore 13 1003. It looks like notes from Mr. Merrill am 14 presuming that was probably Douglas Merrill Have 15 you seen that before 16 MR HAZEN And Brent is that a 17 Bates stamp you're referring to dowinn the bottom 18 corner or - 19 A. It's KM -- 20 MR HAZEN Yeah can you just tell 21 me that number KM 1003 22 A. Yes 23 MR COON Yes sir 24 MR HAZEN Okay 25 A. have seen this at one time yes 1 manufacturing facilities what are those 2 A. Fresno -- 3 Q. Fresno California 4 A. Yes 5 Q. Is that facility still open 6 A. No. I'm not sure what that would have 7 been sir in Fresno 8 Q. Okay What are we talking about when we 9 say the subsidiary manufacturing facilities versus earlier 10 -- versus the ones you described 11 factories as the 12 A. Okay At the time I mentioned they . 13 they were in the ceramic business 14 Q. Yes sir 15 A. They were also in the mineral business 16 And 17 Q. Being the mining 18 A. Mining 19 Q. Right I think the brochure talks about 20 that 21 A. Okay And they also at the time made the 22 metal for the -- when you do drywall the metal that 222 goes around the corners and that type of thing 222 Q. Okay 222 A. And I believe that's what the Newark NELL MCCALLUM & ASSOCIATES INC 713 861-0203 15 Pages 54 to 57 36766020.7610.11d6 367602.7610.1d6 36766020.7610.11d6 c1c 00045adhde Page 58 Page 60 : 1 reference is I am not sure about Oxnard nor the 2 --the Van Nuys I really can't tell you what they 3 would have been at that time 4 Q. Okay And those were other facilities in S California apparently at one time 6 A. Yes sir 7 Q. Okay Then we have the mining operations 8 listed under that That would be the ones you just 9 described earlier 10 A. That's correct 11 Q. It lists those apparently four or five 12 mining operation locations in California and Nevada 13 A. Correct 14 Q. Okay And do you know if any of those are 15 __ in operation at this time 16 A. believe they are not . 17 Q. Okay And then a reduction -- 18 A. Well it may -- I --- we don't -- we're not 19 involved with them 20 Q. Right 21 A. You know they may in operation by but 22 somebody else 222 ~ ts hem we don't have anything to do with 222 Q. You would have sold them out 25 A. Yes sir 1 Q. Okay That's the main headquarters 2 A. That's the main headquarters 3 Q. And then in Texas where is the main 4 facility Is it here in Hurst 5 A. It would be Hurst yes 6 Q. Do they have any what you would describe 7 corporate activities at the Hurst facility I g mean you're the manager president of the Southwest 9 Division and your offices are there correct 10 A. Thatis correct 11 Q. Okay To some degree it's a corporate 12 office 13 A. you want to define it that way yes I 14 guess - I guess you can look at it that way 15 Q. is just not the main headquarters for 16 the company 17 A. That is correct 18 19 20 Q. Okay With respect to Texas is the Hurst facility the main facility A. That would be correct 21 22 23 Q. Both from a manufacturing standpoint as well as where the decision makers for the company are 24 A. We're decentralized to the point that we 25 ~~ -- we have programs and things that are applicable 1 2 3 450 450 6 7 8 9 10 11 12 13 14 15 16 17 18 ' 19 20 21 22 222 222 222 Page 59 ; Page 61 Q. Okay The reduction mill What is that A. have no idea I -- my interpretation would be that that's where they process some of the minerals by reduction but again this was before my time Q. Okay Maybe where they take the raw ore and reduce it to something in their processing A. That would be my assumption yes = Q. Okay And then we have sales branches listed next A. Correct Q. First California and Nevada and I guess - itjust lists a lot of different cities where they have sales offices A. That would be basically stores outlets yes Q. Okay And then you have below that -- let me first ask you where we're talking about the sales branches here we didn't go into much specifics earlier but Moore as I understand you have corporate headquarters in several different states where your offices are like Hurst Texas correct A. Well your corporate headquarters would only be -- there is only one corporate office and that is San Carlos California 1 2 3 4 5 6 7 8 . 9 10 to Texas and the Southwest Division which might be different than the -- the other division Q. Okay A. If that's what you're talking about Q. Yes sir With respect to the Southwest Division is -- I was presuming that you being the president of the Southwest Division and officing in Hurst that Hurst was kinodf the hub for the Southwest Division | A. That's correct 11 12 13 14 15 16 Q. Okay The states that you also overs^'e also do they each all -- do each of those states have a corporate office A. They have what we call a district office Q. Okay A. And- 17 Q. Does each state have one district office 18 A. No. Huh Not each state We have 19 district offices that are set geographically like -- 20 as an example we have a district officein 21 Colorado Fort Collins Colorado That district 2222 = office those people in there manage the Colorado 2222 stores as well as the Oklahoma .24 Q. Okay 2222 A. Majority of the Oklahoma stores NELL MCCALLUM & ASSOCIATES INC 713 861-0203 16 Pages 58 to 61 36766920-761c 3676 920-761c 00045a4bdea7 Page 62 Q. So you may not have a district office in every state if - A. We do not 23 Q. -- if it's close enough to where geographically you could handle two states you do so A. Right Q. Are there states where you have more than 9 one district office 10 A. In Texas in Hurst in the Hurst building 11 we have two district offices that both serve the 12 Metroplex here We have the district office that 13 serves the Dallas area and we have a district 14 office that serves the Fort Worth area 15 Q. Okay Any other district offices in 16 Texas 17 A. We have one in Abilene We have one in 18 Houston That's it 19 Q. Okay And does each district office 20 oversee the local retail outlets 21 A. They oversee the local stores that's 22 correct 23 Q. Okay And generally speaking how many 22 local stores does each district have 25 responsibilities for I am sure it varies some Page 64 explained when we go through the rest of this chart Q. By Mr. Coon We next have the bottom it talks about sales branches Are the sales branches different than the district divisions A. Yes Now we call them stores today 10 Okay 1 -- and again this -- and I was trying to see the date that this was printed Q. Sure A. Usually on piece of literature like this the date is usually on the last page in the that back and I don't see 1 it it's aligned I don't see But here back -- in those days they called 14 - I believe they called the stores sales branches and if you notice they have got this broken down in 117816 Texas division and then listing the sales branches which are really the stores Q. Okay 19 A. And the same thing under California and Nevada They're really the stores that are within that basic area 2 2 Q. Fair enough And if we looked at the front of this some of the literature it appears when you give the history they are talking about up through the early 60s so am -- or I think it's Page 63 1 A. Yeah basically -- it's around 13 to 15 3 per district Q. So the basic hierarchy as I understand 44 you have got the main headquarters in California and then your second to that headquarters here in Hurst where your offices are A. Indicating Q. And then you have five or so other g 10 10 division district offices A. District They would be called district Q. Okay And then below those you have multiple little retail shops that answer to each of those districts 14 A. That's correct 15 Q. Okay Are there any other parts of that 1716 hierarchy that we missed Are there lateral 17 hierarchies or anything that we missed 18 A. As relates from Hurst on down to the 19 stores no that would be basically the flow 20 Q. Okay MR HAZEN And Brent just a point 22 of verification You're talking today right with 225 5 respect to the hierarchy MR COON Sure Sure And I think there are some differences here that will be Page 65 early 70s so I am presuming that was the time 123 frame involved here But again I didn't see any dates So if there is differences between the way 4 the chart or this brochure lays out the corporation as it existed then from now you can clarify those 123 with us A. Sure Be very happy to Q. In going through this there was some basic structural information showed -- this again is kind of a corporate hierarchy if we look at the charts shows the president and then management committees And I want to ask you here it shows the division under the president of an industrial minerals division Is this where you were talking about they made the mining A. The mining yes sir Q. And then over here we have the Paco textures A. That would be Paco Q. Paco A. They call it Paco Goes by Paco yes Q. Okay And then underneath it we have Pacific Trucklines Management Data Services and Drywall Tape Company A. Correct NELL MCCALLUM & ASSOCIATES INC 713 861-0203 17 Pages 62 to 65 36766920-761c 00045a4bdea7 Page 66 1234 Q. Were those all entities that operated 1234 under the -- the Paco umbrella or -- 1234 A. No. They -- they would have been -- Paco 1234 would have been a subsidiary Paco manufactured S drywall equipment 6 Q. Okay 7 A. Or not equipment but the -- the patching . 8 compounds Pacific was another subsidiary All 9 these are individual subsidiaries As you asked me 10 earlier who were these people up here under this 11 breakdown where it was talking about subsidiaries 12 Okay 13 Q. Okay 14 A. Pacific we owned the truck -- 15 Moore owned a truckline at one time 16 Q. Okay When and where did they own a truck 17 line We talking about a -- like Allied Trucklines 18 that kind of a truckline 19 A. We owned our own trucks for transporting - 20 of material to our stores from the factories 21 Q. Okay So instead of hiring an outside 22 company to transport your product from the 23 = manufacturing facility to your retail stores 24 you had your own trucking company to do so 25 A. That is correct Page 68 & I -- we -- when we went into the Paco business they 2 also bought a -- a tape company as well as a meta 3 company and the tape company I believe is the one 4 _ that -- originally where you buy the -- the tape 5 _ that goes on the wall 6 Q. Okay Is this the rolls of the -- 7 A. Yes 8 Q. -- sheet tape -- 9 A. Yes sir 10 Q. -- that you use to float between the 11 sheetrock and fill in the cracks 12 A. Yes sir 13 Q. Okay Do you know where that was located 14 at 15 A. I believe it was in the East Bay I want 16 to say Hayward but I am not sure that's correct I 17 _ know the -- the metal company was located in confusing 18 Hayward so I may be 19 Q. Okay it So 20 A. really can't say 21 Q. If we compare that list with what Mr. 22 Merrill had signed on this document which is 1003 322 he talks about the Paco Textures Corporation was 322 founded in '58 and was located in Richmond 322 California Does that sound consistent with your Page 67 12 12 3 4 S 6 _ 7 8 9 10 11 12 13 Q. Did they do any distribution for any companies other than for Moore A. No sir Q. Okay knowledge A. To the best of my strictly house it was Q. Okay Made sense to them to just internalize that part of it probably because of a bottom line expense cost A. I don't know for what reason they had but that would sound logical Management Q. Okay You also had the Services Data 14 A. Yeah From -- and again I am very vague 15 on this one This was a -- a subsidiary at one time 16 that made accounting equipment I guess they 17 were getting -- it goes back in the days when they 18 were getting automated as far as accounting 19 things and this was an accounting service 20 Q. Okay Do you know what happened to -- 21 well first let's go to the last one there the 2222 Drywall Tape Company 2222 A. Correct 2222 Q. Do you know anything about that company 2222 A. I believe that was the company that made 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 322 322 25 Page 69 fy memory A. That is correct Q. And that it manufactured drywall joint compounds and wall textures and sold to distributors principallyin Northern California of which Moore was the largest distributor does that sound correct A. Thatis correct Q. Okay Now I want to ask you the next thing there which is distributorships When Moore has their product lines did they also have outside distributors that would carry their product lines under some other name to other facilities MR HAZEN Objection form A. Are you talking about paint Q. By Mr. Coon Yeah I guess that's a good question Let's first talk about paints Did they have agreements to have anyone else distribute their products to facilities other than Moore facilities A. Oh okay All right MR HAZEN Objection form Q. By Mr. Coon Does that make sense A. Yes sir . NELL MCCALLUM & ASSOCIATES INC 713 861-0203 18 Pages 66 to 69 36766920-761c Page 70 1 Q. Okay 2 A. It does 3 Q. And the answer 4 A. The philosophy of the company from day 5 one and we even have that philosophy today is that 6 . \ the company markets to its own stores We have not 7 been in the distributor business or the dealer 8 business or whatever so the philosophy has always 9 been sell through your own stores 10 If I understand your question you wanted to -- 11 your one question was did we ever repackage any of 12 _ our products for resale outside of the organization 13 Q. Yes sir 14 A. am not aware that we ever did that with 15 paint I am aware that there was a rebranding 16 agreement between Moore Paint Company and 17 Georgia Pacific that goes back to '68 and I think 18 that ended '71 But other than that I am not 19 aware of anything else where we would have rebranded 20 or relabeled products for somebody else 21 Q. Okay Do you know what products would 22 have been involved in that rebranding agreement with 23 Georgia Pacific 24 A. There were about four or five products I 25 I'd have to go back to the file I don't recall ron Page 72 |: 1 A. As far as an agreement between -- : 2 Q. Moore and Georgia Pacific ; 3 A. have seen a copy of that yes 4 Q. Okay Do you know whether or not the ; S reverse was true that other persons like Georgia : 6 Pacific made products rebranded them under the [ 7 Moore name Ee ; 8 A. To the best of my knowledge no because 9 Mr. Moore has always been very -- give a you little 10 bit of background here He's always been very 11 very very protective of the Moore name and 12 the integrity of the company and he didn't -- 13 anything that our name went on he wanted to make 14 sure it was made a right way a certain way and the 15 quality So I have never seen anything -- until 16 recently they started to rebrand some sundry items 17 But that there was never anything in the 18 organization where there was any rebranding of paint 19 or anything like that 20 Q. Okay And what do you mean by the 21 rebranding of some sundry items 22 A. Roller covers is an example Roller 23 covers there might be some out in the stores now 24 that have Moore name on the wrapper but it's 25 cover that we buy from somebody else Page 71 1234 1234 1234 1234 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 22 25 exactly but it was -- it was a -- a fairly limited line Q. Were they the joint compounds or textures A. They were joint compounds and textures yes sir 7 Q. And were those some of the containing products that the Paco Textures had made at one time | A. Yes sir Q. Do you know which ones under the Paco lines were the same ones that were rebranded for Georgia Pacific A. actually don't recall off the top of my head I would have to go back to my notes and take a look at that but I -- my assumption would be it would have been the -- the better moving items but can't tell you exactly which ones they are off the top of my head Q. Okay And just off the top of your head what were the better moving products A. Oh the textures and the Ready Mix Joint Compound Q. Okay Do you know whether or not there still exist any copies of the rebranding agreements that were in place in that '68 to '71 time frame Page 73 t Q. Okay And what's a roller cover Talking 2 about paint rollers 3 A. Rollers -- yeah I'm sorry paint roller 4 cover you put on a handle and paint the walls 5 Q. The replacement rollers for the trays 6 A. Yes 7 Q. Okay Okay The truckline company is 8 that something that still is in the organization 9 Pacific Trucklines 10 A. That was dissolved a few years ago in 11 California but we still own our truckline here in 12 - in Hurst 13 Q. Okay The truckline in Hurst is that 14 also a Pacific or is that another brand 15 A. It's not called that sir but I -- I 16 can't tell you under what classification it goes by 17 Q. Is that wholly owned by Moore 18 A. Yes sir 19 Q. Does it do any distribution of product 20 lines for any -- anyone other than Moore 21 A. No sir 22 Q. Okay The Drywall Tape Company is that 323 still in existence 323 A. No. Not Moore 323 Q. Do you know if they closed that facility NELL MCCALLUM & ASSOCIATES INC 713 861-0203 19 Pages 70 to 73 36766920-761c 00045a4bdea7 Page 74 Page 76 : 123 or sold it 123 A. I can't answer that 3 Q. Okay 4 A. I shouldn't say I can't answer I don't 5 know 6 Q. Don't know Okay If we go on through 7 the brochure it starts talking about setting up 8 _ what they call a -- I am trying to remember the 9 name Retail -- it looked like little mini Home 10 Depots 11 A. Home improvement 12 Q. Home improvement centers 13 A. Right 14 Q. When did Moore get in the home 15 improvement centers and do they still have any 16 A. We're no longer if that business It goes 17 _ back I believe to the early sixties We acquired 18 couple large facilities and made home improvement 19 centers out of them where they sold paint and 20 gardening and that type of thing 21 Q. So they would have sold not only 22 ~~ Moore products there but products from other 23 vendors 24 A. The paint that was sold through those 25 outlets was Moore paint : A. Yeah We bought a clutch company primarily because -- as I understand it the 3 clutches that were -- this company manufactured were clutches that we were able to use on some equipment spray equipment that we were also making 9 Q. Was that the Sprayline product line A. Yes sir Q. Okay We will talk about that in a minute 10 A. And so they bought this clutch company Now -- and I just learned something today It was originally in Van Nuys so that explains the Van Nuys subsidiary Okay A. The clutch company was moved to Ontario Canada 17 No. Ontario California Okay 19 So -- Was that still in operation -- 21 They started it then I'm sorry Is that still in operation Q.222 No. What happened to it 2222 Q. We sold it Page 75 -23 Q. Okay -23 A. The other products would have been -23 numerous suppliers from other companies yes 4 Q. Okay And if this picture -- it's kind of 5 grainy but it looks like they're selling lamps and 6 lights and flowers and all kind of stuff 7 A. Correct 8 Q. Okay So this would be like just a 9 smaller version of I guess a Home Depot or Lowe's 10 or something today 11 A. Actually I'd like to classify this as the 12 beginning of Home Depot because Mr. Moore had a - 13 quite a vision with this thing and -- this was the 14 early days of the home improvement centers 15 Q. And did he sell out those home improvement 16 _ lines or did they just close of their own accord 17 A. We just closed them down .. 18 Q. Was that an idea before its time 19 A. Actually it was -- worked very well until 20 the Home Depots and all those started to move into 21 the market then they made it real tough 22 Q. Okay This next talks about clutches and 23 brakes Do you know anything about Moore 122 being involved in manufacturing making or 25 distributing brake or clutch lines Page 77 : Q. Okay Do you know what types of those -- of clutches and brakes they made there What they | were used for 123 A. Primarily they were small clutches I can't really tell you exactly but they went on -- I think some of them went on golf carts and some went . on equipment that type of thing Q. Okay Did they manufacture the components 9 there at their facility Was this the manufacturing facility 11 A. I think it was more of anassembly where you bought components from different people you know and then sort of like a car assembly line 12 Q. Okay A. Put them all together 12 Q. A lot of cars and trucks during this time frame had asbestos clutches and brakes Do you know whether or not this facility assembled 19 containing clutch pads or brake pads or 1720 anything of that nature A. I can't answer that I really can't sir 21 Q. Do you know who would have been in charge of running that facility during the time it was 2421 . open 25 A. really don't No. I can't tell -- help NELL MCCALLUM & ASSOCIATES INC 713 861-0203 20 Pages 74 to 77 36766920-761c Page 78 1234n you 1234n Q. Okay Next we have the Guard 1234n Products Says it was founded in 1958. Makes wood 1234n preservatives canning and food packing industry : 1234n Is that facility still open 7 A. No. 7 Q. What happened to it 8 A. Sold probably or closed down 9 Q. Okay 10 A. Have to understand early on in the 11 company's existence we were involved with many 12 different types of businesses It was around 1982 13 when it was decided that we'd concentrate on paint 14 and so lot of these things then started to go by 15 the wayside And since then we have concentrated 16 solely on making paint I can't tell you what 17 happened to that particular 18 Q. Okay Then we have Pacific . 19 Trucklines That's the one I believe you have just 20 descrived for us 21 A. Yes 22 Q. And it a shows fleet of vehicles there 222 one of the pages of the brochure and talks 222 ~ generally about the trucking fleet and shows some of 222 the drums of cargo and stuff like that Page 80 t ] the basic industrial minerals and that was one of i } 2 the providers of the ingredients to make the l 3 ceramics you told us about earlier 4 A. Yes Yes } S Q. It says they also used oil well drilling : ; 6 muds Do you know anything about that line of the 7 Basic Industrial Minerals products ; 8 A. sure don't sir ; 9 Q. Okay H 10 A. Sure don't A } 11 Q. lot of drilling muds at times in the a 12 past contained asbestos Do you know whether or not : 13 the drilling muds that Basic Industrial Minerals i 14 prepared or manufactured contained asbestos 15 A. Do not H 16 MR HAZEN Objection form Fe 17 A. Do not F 18 Q. By Mr. Coon Okay Next we have KM i 19 Drywall Finishing Equipment Was that a separate H 20 product line Was it another company : 21 A. This is where that equipment I talked to y 22 you about with the clutches - 23 Q. Yes sir i 22 A. -- went into the equipment H 25 Q. huh f Page 79 123456 Okay Next what do we have here Is this the 123456 = mining facility 123456 A. Yes That's what it looks like 123456 Q. That's basic industrial minerals 123456 A. I can read that I can't read the rest of 123456 it 7 Q. We're having to read it sideways off the 8 brochure 9 . A. Let me move over 10 Q. You're fine It talks about -- I think we II need to keep you square with the camera 12 MR HAZEN Yeah come back over 13 You're going to get out of camera focus 14 Q. By Mr. Coon -- diversifying into pottery 15 and ceramics industry with air floated clays as well 16 as oil well drilling muds Read that correct 17 A. Now I understand -- now I understand where 18 the ceramic people got some of their minerals for 19 the ceramic division 20 Q. They internalized everything at 21 ~~ Moore didn't they 2222 A. Yeah 2222 Q. Okay 2222 A. Mr. Moore was pretty sharp 25 Q. So in making the ceramics you acquired Page 81 1 A. This is part of it This was equipment 2 that they -- this particular case manufactured 3 machines for the mixing of dry powder products with 4 water spraying them on 5 Q. Okay 6 A. Like to do with drywall 7 Q. Now what we have here under the 8 Moore drywall finishing equipment was that a 9 separate company or is that just one of the product 10 lines that Moore made under their same 11 corporate umbrella 12 A. This was one of the subsidiaries 13 Q. Okay 14 A. This would have been the subsidiary and I 15 noticed here it says Fresno California so that 16 would have been going back here to what you were 17 talking about -- 18 Q. Okay 19 A. -- when you asked me about the 20 subsidiaries 21 Q. Sure Was that what was called the 22 ~ Sprayline Company 23 A. Yes 24 Q. Okay And so you had this separate 25 company out there that would actually apply the Tae! nr ie 9S OT a rN re TF 21 Pages 78 to 81 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c Page 82 123vn materials as well as sell the equipment or just -- 123vn A. No. We made -- 123vn Q. Did you sell the equipment 123vn A. We made the equipment We didn't apply 5 it ; 6 Q. You were not applicators you just 7 sold the equipment to apply 8 A. That's correct to the best of my 9 knowledge 10 Q. This would have been equipment that you 11 would have used to apply the textures You could 12 blow the textures on and trowel it out the the 13 spackles and stuff like that for 14 the walls ceilings and 15 A. Correct 16 Q. Would this have been something that would 17 have been sold to contractors or individual folks 18 who wanted to try to do it -- do repair jobs or 19 renovation jobs on their homes or what 20 MR HAZEN Objection form 21 A. I would not think that this type of 22 equipment would go to the normal consumer This 23 type of equipment would have to be handled by a 24 ~~ professional who you -- you know works with -- 25 that's -- that's his or her livelihood on a daily 1234567 1234567 1234567 1234567 1234567 1234567 7 00 9 10 Il Il 12 13 14 15 A 16 17 18 19 20 21 2223 2223 2223 2223 Page 84 subsidiary here -Q. Okay A. --- where it says the tape company Q. Sure A. This is the rolls of tape -Q. Okay process A. -- in the Q. Thisis a grainy picture but this actually shows us and thisis stamped KM BB 5696 I don't see the actual page on here A. Yeah Q. But it shows I guess a lot of rolls of flat tape A. Yeah if it hadn't been for this I would have thought it would have been rolls of cheese Q. Yeah A. It says Electronic process spark punches tiny holes in the tape Q. Okay A. So that would be the tape process Q. These were the tapes that were used to float the sheetrock out A. Yes sir Q. Did Moore have for the heavy industrial users or large commercial users a -- a Page 83 12 basis I would -- 2 Q. By Mr. Coon So it would have been 3 drywall contractors principally 4 A. Yes large S Q. Okay I assume 6 contractors and small 7 A. I would say so yes 8 Q. Do you know whether or not that type of 9 equipment was ever available for lease at any of 10 your your retail shops that someone went in and bought 11 your texture to -- to do their house they could 12 rent the equipment from you there to apply it 13 themselves 14 15 16 17 18 19 20 72223 72223 72223 72223 ~~ 72223 A. I can't say that that ever -- that did or did not happen I do not recall Knowing the company's philosophy about renting equipment up guess until recently I would -- my guess would be no would be no My Q. Okay A. But I can't swear to it sir Q. Okay Next we have Moore and The Drywall Industry and wanted to talk about there ONE it shows some stacks of something The photo is not particularly good A. Oh thisis the tape We go back to the Page 85 i 12 wholesale distribution system that bypassed the 2 retail shops 3 A. Let me make sure I understand your 4 question Are you asking did we distribute product 5 _ other than through our own stores Directly 6 Q. Yes sir 7 A. No. to end users 8 Q. Okay Say am a -- hypothetically am 9 a drywall contractor in Houston Texas 10 A. Okay 11 Q. I do lot of drywall business and I want 12 to get a better deal Could I call Moore and 13 _ say I want to do big volumes of business with you 14 guys but I want you to cut me a deal and ship 15 it straight to me Do you ever do anything like 16 that 17 A. No. 18 Q. Could you have the commercial users that 19 would buy in volume go to a retail store and get 20 more what you would call a wholesale or discount 21 price volume pricing 22 A. Everything went through the stores 23 Q. But could you get volume pricing if you 24 were a large customer 25 A. Oh yes NELL MCCALLUM & ASSOCIATES INC 713 861-0203 22 Pages 82 to 85 00045a4bdea7 Page 86 12345 Q. Okay So each of the retail shops you 12345 have told us about could have different pricing 12345 schedules dependent upon the individual customer 12345 issues 12345 A. That is correct 6 Q. Were those all fixed prices that were set 7 in criteria by upper management or were the 8 individual retail stores allowed to negotiate the 9 various rates based on the volume of the demand 10 A. can only tell you what I know since I 11 have been the company The price schedules are 12 preprinted and they're set and you have to work 13 off of those schedules 14 Q. So you can have a -- your regular retail 15 if somebody wants to come in and just buy one gallon 16 of paint or one bucket of this or that you have got 17 the retail price and if a guy wants to come in and 18 buy a thousand gallons of paint because he's a 19 commercial painter or a commercial drywaller he 20 = can get a fixed - 21 A. He would get a different schedule 22 Q. Get different scheduled price 23 A. Right That's correct 323 Q. Okay Is that pretty much how 25 Williams operates as well Page 88 | 1 departments something like that 4 23 A. We have a quality control department F 23 Q. Where was quality control at y 4 MR HAZEN Objection form i S A. 1- : 6 Q. By Mr. Coon They have more -- N 7 A. I need to understand what you mean by r 8 quality control We may be talking about two ; 9 different things 10 Q. We may be You tell me what kind of 11 quality control place you had 12 A. Okay Every plant has a quality control 13 lab so that when they make a batch of paint and I 14 am going to have to use paint because that's 15 basically what we look at today 16 Q. All right 17 A. Every batch some of that is taken out of 18 the batch taken back to the lab and evaluated to 19 make sure it was made according to specification 20 It's brushed out It goes into a various ovens 21 that type of thing 22 Once that's done once the quality control lab 23 releases the product then that batch can be filled 23 It's put in cans and then put in the warehouse 25 Q. Okay With respect to a facility like the Page 87 ~~ A. They used to I can't tell you how they ~~ operate today sir 3 Q. Okay This photo talks about Moore 4 paint company and it said Trilite Corporation Do 5 you know what the Trilite Corporation was 6 A. Yeah that's in Houston It was in 7 Houston They made aggregate for texture paints 8 It was perlite vermiculite that type of thing 9 Q. Okay Vermiculite where did the ; 10 vermiculite come from 11 A. Africa 12 Q. Do you know whether or not the vermiculite 13 had asbestos in it 14 A. can't answer that I would -- I know 15 that vermiculite that they were buying at the time 16 came from Africa but I can't tell you what the 17 composition of it was 18 Q. Okay Did - did Moore have anybody 19 that was in -- a lab I guess in a lab position 20 where they would actually analyze the products that 21 they were buying the raw ingredients to meet 22 specifications to determine whether or not there 23 were contaminants things like that 24 MR HAZEN Objection form 25 Q. By Mr. Coon Quality control Page 89 a 1234 Trilite Corporation here would there have been a 1234 quality control at that facility for the raw 1234 ingredients that were coming in vermiculite and 1234 aggregate S A. They would had to have some kind of a 6 quality control before they resold it to somebody 7 to make sure that it met certain specifications 8 Q. Okay 9 A. How it works when the stuff comes in 10 Q. Yes sir 11 A. We rely on the manufacturer of the 12 material to supply to us all the data relevant to 13 that raw material so that's the information we use 14 to basically determine what kind of product it is ; 15 Q. Okay Do you know what years vermiculite 16 was ordered for this particular facility 17 A. I was afraid you were going to ask me 18 that have to go back to my notes am going to 19 have to -- I really don't recall It would had to 20 have been in the sixties but I really can't give 21 you an exact year sir 22 Q. Was this Houston facility where they 1223 actually manufactured that product 1223 A. No they brought it in and then did 25 processing of the product somehow to get it in the NELL MCCALLUM & ASSOCIATES INC 713 861-0203 23 Pages 86 to 89 36766920-761c Page 90 1 form that they could repackage it and then resell it 3 Q. Okay I am not quite getting the picture We got the Houston facility It's called the Moore Paint Company Trilite Corporation and S is Trilite a subsidiary of Moore or is that just a combined name they have just on that - manufacturing facility or what A. Well Trilite was a company that they 1010 purchased down there Why they put Moore 11 paint company name on it is -- is beyond me It was 12 Trilite That's all they handled was the vermiculite and the perlite that went into texture 14 coatings Q. Okay And -- maybe I don't have a good 16 understanding of what that company actually did Did they actually sell a paint that had vermiculite in 1618 it at that facility 1919 A. No. - 20 - Q. Is that what they made 21 A. No. They sold the vermiculite and the perlite to the company itself for use in drywall 2 2 products as well as other companies were buying it 2 2 to put into their products 2 225 Q. Okay So this was a facility that not Page 92 1 acquiring that same vermiculite after it had been 2 processed at this Trilite Corporation in Houston . A. can't answer that I don't know who else bought it from us 4 Q. How would we go about finding out who the other customers of that facility would have been MR HAZEN Objection form 9 Q. By Mr. Coon Are there -- do you know if _ there were records that are kept Let me back up Is the store still there A. No. It wasn't never a store I don't know why -- as I say I don't know why the name Moore Paint Company is on it because to the _ best of my knowledge it was never a store Q. So they did not sell out of that facility it was distributed elsewhere A. Did not sell paint out of that facility . Did sell resell the vermiculite and the perlite out of that facility Q. Could you have walked into that facility in Houston and bought a bag of vermiculite that had been processed at that plant MR HAZEN Objection form A. Could I as a consumer Q. By Mr. Coon Yes sir Page 91 only bought the raw ingredients say the vermiculite 123 from where Africa A. Vermiculite came from Africa 4 Q. Okay So they would buy the vermiculite 123 from Africa It would come into this Trilite _ Corporation facility in Houstoannd once there it would go somewhere else within Moore for use in their products A. Yeah It would be washed or whatever and then put in a content that would go into the Moore products or it could be sold to a -- another person who was using -- Q. Okay A. -- making similar products Q. First of all what product lines do you believe Moore was making during this time frame where you would have had vermiculite as one of the ingredients A. It would have had to have been the texture products Q. Okay The Paco lines A. Yes sir Q. Okay And what other companies outside of the Moore Corporation or structure or family however you want to call it would have been Page 93 i 123 A. I -- doubt it Q. Okay You believe they sold mostly to 123 other manufacturers A. Yes sir 5123 Q. So we don't -- you don't -- you did not anticipate or did not -- you're not aware of customer -- end user customers going in and buying the -- the product there at the factory A. - Anything is possible but I mean that -- that stuff is processeidn bulk you know -- Q. Okay A. M in big bags and I mean for the average person that would walk in off the street you know Q. Wouldn't typically have a need for it A. Huh Q. Unless they were in the business of taking it and using it in larger fashion like Moore A. My guesses are it was strictly in bulk to -- to other end users Q. When this vermiculite was processed at this particular facility do you know how it was that it got to the Paco facilities where it was actually made blended into the textures I mean was it bagged up there and then shipped on one of the Pacific Trucklines or -- NELL MCCALLUM & ASSOCIATES INC 713 861-0203 24 Pages 90 to 93 36766920-761c Page 94 123 A. Well Pacific was a truckline in 123 California only 3 Q. Okay 4 A. Okay This was in Texas 5 Q. You're talking about a Houston truckline 6 A. Yeah we have a truckline out of Hurst 7 that time -- it would be speculation It could 8 have come -- 9 Q. All right 10 A. = either with a truck going down there 11 and picking it up or it could have been shipped by 12 common carrier from there to -- to one of the 13 facilities 14 Q. Okay Do you know what happened to that 15 facility 16 A. No. I do not 17 Q. Is the building still there Do you know 18 if they sold the building or kept the building 19 A. have no idea 272227 Q. Or the buildingis torn down Do you know 272227 where the street location of that facility was 272227 A. I oh have heard it It's on the 272227 south end of Houston That's all I know I may - 272227 ~ _I could find that but I don't know it off the top 272227 = of my head Page 96 }* 1 Q. Where would the Moore records be ; 2 kept now that would have reflected who the : 3 management people were at that facility while it was : 4 open as well as any of the other records that were : S kept at that facility regarding their sales and F 6 distribution of the product during the time it was i 7 open { 8 MR HAZEN Objection form ; 9 A. The repository in San Carlos there was H 10 about 88 boxes there of different information that 11 was all accumulated relevant to asbestos I have -- 12 and I have gone through those but I don't remember 13 seeing anything in there that addressed it 14 addressed Trilite individually Maybe there could 15 be something in those boxes that I missed Other 16 than that I have no idea where the material -- 17 where the information could be 18 Q. By Mr. Coon Do you know why it was that 19 there was a decision made for Moore to import 20 the vermiculite and wash it or do whatever you were 21 describing processing there to use it in its 2223 ingredients as opposed to buying it from vendors as 2223 had been done at some point in time 2223 A. My understanding of the reason of buying 25 it from Africa at the time was that it was the Page 95 Page 97 & 12345 Q. Okay Do you know if the actual facility 12345 and the land there is still there 12345 A. I would assume the land is I can't tell 12345 you about the facility 12345 Q. Let's hope the land is still there anyway 6 A. Yeah 7 Q. But dece but I am just saying the integrity 8 of the complex the original property whatever 9 vacant land was there and the building if that's 10 a_ll still there If it's all been torn down 11 something has been built on top of it 12 A. I can't answer that 13 Q. Okay 14 A. can't answer that . 15 Q. So you don't know if you could go down 16 there and see anything that looks anything like the 17 photo there now 18 A. No I could not 19 Q. Okay Who would know more about that at 20 = Moore now 22222 MR HAZEN Objection form 22222 A. really don't know The -- 22222 Q. By Mr. Coon Were the -- 22222 A. Some of the employees the old timers 22222 may but that goes back quite awhile 1 better quality and it was a prime source not only 2 for Moore to get it there but other companies 3 as well and that's my understanding of why it was 4 Africa S Q. Do you know how it was shipped to this 6 facility Was it in cargo containers off of ships 7 -- -- 8 A. That would be an assumption I can't 9 answer that sir 10 Q. Any idea of the type of volume of raw 11 material that went through the facility year to 12 year 13 A. have not researched that 14 Q. Do you know what years that facility was 15 open doing the vermiculite process you have : 16 described 17 A. I wanted to say early sixties but again 18 I'd have to go back and research the dates That f 19 was a short -- from my recollection that was a 20 short operation i 21 Q. Okay Ee 22 A. So 4 23 Q. Did the -- when this facility closed 24 where did the vermiculite come from that was still 25 being used in the product lines NELL MCCALLUM & ASSOCIATES INC 713 861-0203 25 Pages 94 to 97 36766920-761c Page 98 1 MR HAZEN Objection 2 Q. By Mr. Coon Or was vermiculite still 3 being used in the product lines 4 MR HAZEN Objection form 5 A. This facility was sold The busineswass _ 6 sold to someone in Arkansas Pine Bluff I believe 7 somewhere like that And the business was sold to 8 them and then we - the company in turn was then 9 buying I believe from them 10 Q. By Mr. Coon Okay So you sold this 11 facility to someone else They continued to do the 12 same thing that Moore had done while they 13 owned it and you continued to buy the same 14 product from them 15 A. We didn't sell them the facility We sold 16 them the business rights to the material 17 Q. Okay 18 A. And I think everything was transferred to 19 Arkansas 20 Q. And you kept the building and just 21 leased it back leased the premises to them 22 A. have no idea sir 23 Q. Okay 24 A. No idea 25 Q. Again anybody that you know of that would Page 100 4 12345 Q. The vermiculite that was used from this 12345 facility you understood it to have gone into the - 12345 Paco lines the textures joint compounds 12345 A. I believe some of that material went into 5 the Paco lines that is correct 6 Q. Okay And we also understand that 7 asbestos was used at some point in time in those 8 product lines 9 A. Asbestos was an ingredient in the Paco 10 products yes sir 11 Q. Okay Do you know if under the 12 specifications they were using both the vermiculite 13 from this facility as well as asbestos from other 14 facilities in their texture and joint compounds at 15 the same time 16 A. I can't answer that 17 Q. Okay Do you know if the asbestos became 18 replacement or substitute for the vermiculite in 19 the products at some point ae 20 A. couldn't have Asbestos and the 21 vermiculite are two different types of elements that 22 you're dealing with Asbestos is a very thin fiber 23 The vermiculite would have been puffy little things 24 that you put in to give it texture a roughness 25 Q. Okay Do you know how long it was that Page 99 123 be more familiar with that business transaction 123 A. Off the top of my head it would be -- I 123 - I whatever tell you would be an assumption and I 4 would rather not do that S Q. Okay 6 A. But it goes back 40 some years so -- 7 Q. Okay Yeah we're talking about something 8 that transpired in the sixties correct 9 A. Yeah 10 Q. Who was the head of -- who had your title 11 at Moore in the sixties that would have been 12 likely to have overseen some aspects of those 13 operations 14 A. You talking about president , 15 Q. Yes sir 16 A. Of this division Well we never had one 17 before I was the first So I don't know how they 18 would have been managed When we go back to the 19 chart it's been helpful It's not even on here 20 but I would assume it looks like it was -- whoever 22222 it was running it reported directly to the president 22222 at the time which would have been Mr. Moore So 22222 can't answer your question 22222 Q. Okay 22222 A. Wish I could I can't | Page 101 I 2 3 4 S 6 7 8 9 10 11 the vermiculite from that facility that we have been talking about was used in the Paco product lines A. No. Again I'd have to go back to the dates and again I have no idea at what time this thing totally shut down or how long it was in business I just can't answer that sir Q. Okay MR HAZEN Hey Brent we're at noon so if you're at a stopping point maybe we can pick up and finish up with the brochure after lunch MR COON Sure That's fine 12 MR HAZEN Good 13 THE VIDEOGRAPHER Going off the 14 record at 11:56 15 A lunch recess was taken 16 THE VIDEOGRAPHER Back on the _ 17 record The time is 1:02 . 18 Q. By Mr. Coon Mr. Giffins when we left 19 off the break we were looking through the 20 brochure I think page 5698 Bates stamp I wanted 21 to ask you a few additional questions regarding the 22 - we talked about the Trilite plant The next one 23 under here talks about the joint cement production 22 of Moore in the Dallas factory Could you 25 tell us about that facility please sir NELL MCCALLUM & ASSOCIATES INC 713 861-0203 26 Pages 98 to 101 36766920-761c 00045a4bdea7 Page 102 1 A. My my involvement with the Dallas --- my 2 knowledge of the Dallas factory would only have been 3 that it was originally Hanna They obviously were 4 making some joint compound which I was not aware of S ~ 6 7 } 8 9 10 But the -- that was the factory that was basically I think separate from Hurst and then we opened Hurst in 1970 Q. Was that located on the -- generally the same premises as your Hurst facility A. No that would have been here in Dallas 11 Q. Okay And you had thought before that was 12 principally a paint manufacturer that you had 13 acquired the Hanna facility 14 A. Yes sir 15 Q. But in -- in reviewing -- I'm trying to 16 find out did reviewing this literature make you 17 aware that they also made textures or did you 18 already know that and just had not remembered it 19 A. Somehow I missed this I thought the 20 Hanna deal was strictly Hanna Paint Company and 21 that the -- if any joint compounds were made it 22 would have been made in that factory when we bought 23 them before moving into the Hurst in '70 22 Q. Okay And when was that -- Hanna 25 acquired Was that '63 Page 104 | 1 Q. Okay I take it you still don't have any ; 2 personal knowledge with respect to whether or not H 3 the Hanna facility made the same joint cements f : 4 _ before Moore acquired them 5 A. do not sir 6 Q. Okay Do you know how long that facility 7 had been in operation prior to the time Moore 8 acquired it in '63 9 A. do not 10 Q. Do you know who the ownership was at the 11 time of acquisition 12 A. do not 13 Q. Would there be archived records with 14 respect to the identity of the personnel from that 15 facility 16 A. Well there has obviously got to be some 17 paperwork somewhere or it's since disappeared you 18 know or gone But I can't answer that I don't -- 19 Q. If take it you -- do you know whether 20 or not the -- the texture materials that were made 21 there would have been the same type of basic 22 composition as the Paco lines 23 A. What do you mean same composition 24 Q. Same ingredients 25 A. Well if there -- first of all if there Page 103 123 A. I think it was '63 123 Q. So if the facility was acquired in '63 123 it's apparent from this brochure that they made 4 joint compounds at the Dallas facility and I am 5 trying to find out if you know if it was something 6 _ they were already making when you bought the plant 7 or it was something that Moore continued to 8 make at that plant after they acquired it in '63 9 A. do not know 10 Q. Okay 11 A. do not know 12 Q. Do you know whether or not they made any 13 of the Paco lines there post '63 ' 14 A. Well it says joint cement production so 15 I'm am assuming that probably they would have 16 Q. Would there be any other records from that 17 facility that were retained in a repository or 18 something for Moore to go back and look to see 19 what -- exactly what type ofjoint compounds or 20 _ joint cements or texturing cements were made out at 21 that plant and what the name of the products were 22 A. Again I think any records like I 23 mentioned earlier that would be available would be 24 part of the repository the eighty some boxes that 25 are listed there Page 105 fj 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22223 22223 22223 22223 25 were stuff made there prior to Paco the products were pretty similar A lot of the competitive products were fairly similar So if the composition the basic composition may have been similar but how they were put together and the amount of raw material might could have been different from supplier to supplier Q. Do you know what type of trade name the Hanna facility operated under Do they have different identifying trademarks -- A. My knowledge -- Q. -- for their products A. -- is that it was Hanna Paint Company and that's how they identified their -- their material as well Q. Was it just called Hanna paints A. Hanna right Q. Do you know -- I take it you don't know if they made the textures before Moore bought it A. I can't answer that sir Q. So you do not know if there was a Hanna texturing compounds or joint compounds product line A. No do not Q. Do you know if the facility that was acquired there was one that was a manufacturing NELL MCCALLUM & ASSOCIATES INC 713 861-0203 27 Pages 102 to 105 36766920-761c Page 106 facility where they actually manufactured the 1234 product there A. When we bought Hanna there was a plant 41234 because they were making their own paint Q. And what happened to that facility ?. A. have no idea Q. Do you know if it was sold if there's still manufacturing processing there if the 9 10 11 building is still there A. I can't answer that I am not even sure I know where it is but it was -- it was somewhere 12 here in Dallas 13 Q. To your knowledge were any joint 14 compounds or texturing compounds sold by Moore 15 after the acquisition of Hanna under names other 16 than the Paco line 17 A. At -- after the acquisition of Hanna 18 Q. Yes sir 19 A. Sold where 20 Q. Anywhere 22222 A. Well we got into the business in '60 22222 Q. Right With Paco 22222 A. So -- with Paco So yes if -- I mean we 22222 -- we would have sold Paco after we would have 25 been selling Paco at the time we bought Hanna Page 108 1 if we go through some more pages of this real 2 quickly it talks about diversifying moving expanding geographically Do you know about -- The Yourself Trade Here is a section The 9 Professional Side Talks about some of the control aspects I think talks about their quality control A. Yeah this Q. I think it's talking about maybe dealing with professional contractors here A. huh Q. Or have I missed it Is that what this is discussing A. No it's primarily talking that the stores are set up as a full service center for the painting contractor Q. Okay Real briefly on that subject matter you had a lot of retail stores where an . individual customer such as you orI could go in to buy some paint or texturing compound correct MR HAZEN Objection form A. Well stores are open for anybody to come ' in and buy from us sure Q. By Mr. Coon Sure So I could just drive my car down -- say this is 1965 I could have Page 107 12 Q. Sure But do you know whether or not there were other names on any of the joint 3 compounds or texturing material sold by Moore other than the Paco line A. do not know I have not seen anything 6 directly that says that we did but again prior to 1960 before we got into that business there was material out there on the market Now whether in 9 fact Moore was buying somebody else's ~ 10 material I don't know that but prior to 1960 11 before we got into it it could have been 12 Q. Well that was another thing I wanted to a 13 ask you little more about later with respect to 14 rebranding as it relates to texturing materials but 15 since you brought it up do you know whether or not 16 Moore sold any of the products like joint 1.7 compounds and texture materials before '60 under 18 either their name or under another vendor's name at 19 _ their stores 20 A. am not aware The only one I -- only 21 one that I am aware of that was sold under a 22 different brand name was that Georgia Pacific that I 23 = mentioned to you 24 Q. we thumb briefly through the rest of 25 the brochure it's a pretty extensive brochure but Page 109 drove my car down to one of your local retail shops and bought a gallon of paint or a bucket or a bag of texturing compound A. You you could do that You could do that 8 Q. Just as an individual customer A. The only difference is the paint is packaged in a way that the individual customer could have purchased it and used it effectively The drywall material was packaged in large pound bags which the normal consumer retail like you and I would not normally have purchased in that quantity because they wouldn't have ever used that much Q. Okay What sizes of the Paco containers were there with the different texturing compounds and joint compounds MR HAZEN Objection form A. There were bags pound bags pound bags in the dries and then the premix there were what you might call gallon sizes and there were four gallon sizes as far as the quantities Q. By Mr. Coon Did the gallons come in can or a plastic container A. The gallons came in like a NELL & MCCALLUM ASSOCIATES INC 713 861-0203 28 Pages 106 to 109 36766920-761c Page 110 12 _ 9 cardboard thing Q. Okay Now if we looked at the brochure apparently there was some degree of effort by Moore to sell to the contracting trades A. Big effort Q. right And that would have been small contractors and big contractors any contractors A. The company's philosophy has always been directed toward the painting contractor And any retail business that we do is just what basically would have happened just from the store being there but the emphasis was on the painting contractor Q. When they acquired the Paco lines do you know if there was any additional efforts to capture I a portion of the drywall contractor business A. From what -- what I have read and the only way I can answer that sir is to tell you the basis of why that type of business appealed to the company at that time is back in the sixties people were - a lot of painting contractors were also doing drywall and it seemed to be a natural tie to have that available to our painting contractors since again we were primarily in the contractor wholesale business it seemed like a natural tie to have joint compounds Page 112 2 A. That is correct 3 Q. Was the San Carlos factory the main production facility for the Paco texture lines for the West Coast A. Yes it was 6 Q. Where were the other Paco manufacturing facilities located MR HAZEN Objection form A. What -- at what time frame are you talking 10 about Q. By Mr. Coon Okay Well let's go back 11 to -- first let's just finish this brochure I don't think there is hardly anything else we need to really discuss It talks about sales Okay 1 think that covers that basically 14 Let's talk specifically then about the Paco 17 product line Moore acquired that facility in what Was it 1960 A. That's correct 16 Q. And it was acquisitioned out of 125 previously operating facility A. It was acquisitioned from a gentleman by the name of Cliff Woodland yes sir Q. And when Moore bought out this what were -- let me back up What was the company Page 111 Q. So I understand at that time frame most of the contractors or a large portion of the 123 contractors you dealt with in the painting sector 4 were also the same contractors that were putting the 5 sheetrock up and taping it and floating it and then 6 painting it A. During those days that's basically -- 9 they did both a lot of them did both Q. Okay So it made sense to have the texturing compound the product lines there along with the paint since you were already targeting the painting contractors in various communities A. It's my understanding yes Q. think this -- this -- there are several pages of discussion about contractors and selling to contractors and -- okay Then we have a couple of photographs here that show the Paco textures and home improvement and M paint lines Is this at the California facility A. Yes it is Q. That's at San Carlos A. Yes Q. And it appears from the way these were written on top of the buildings that all of these different facilities were all in the same compound Page 113 3 name of the company you bought Paco Okay It was already named Paco That is correct 12 Q. How long had Paco been in business Two years So they started in 58 '58 And what were the product lines that they manufactured A. At that time they were primarily manufacturing the dry joint compounds Q. And what was the market for the dry joint compounds A. Market as -- Q. Intended use A. To seal the -- to cover fill in the joints of drywall and make the drywall appear smooth so that you have a continuous wall Q. Part of the taping and floating -- procedure A. Yes sir Q. is that you're engaged with drywall or sheetrock A. Yes NELL MCCALLUM & ASSOCIATES INC 713 861-0203 29 Pages 110 to 113 36766920-761c 00045a4bc Page 114 Q. And understood the desire by Moore to acquire this facility was because of this hand philosophy of painting contractors and drywall contractors A. It's my understanding that it was -- at that time that was part of the reason for doing that yes 123 Q. And at the time this facility was acquired where were their operating facilities and . 9 manufacturing facilities located 11 A. Whose Moore's or -- 12 Q. Paco's A. Paco's Paco's was in Richmond 13 California Q. And was that their operating facility or 15 manufacturing or both A. That was both to my understanding 17 Q. Did they have any other facilities 1619 A. No not that I'm aware of Q. Did they have a distribution system A. Not can't answer that sir I 2 32 don't know . Q. After the facility was acquired in 1960 what type of expansion took place within that division Page 116 i A. assume to provide better facilities 123456 Q. Was it a bigger facility or more efficient or better geographic location A. wasn't -- I wasn't part of the -- around at that time so anything I tell you would be an 123456 assumption Q. Okay What happened to the facility in Richmond A. I not know Q. Was it still operating by some other entity Did somebody else buy it continue to make dry joint compound there A. To the best of my knowledge no All that _ entire operation was moved into San Carlos Q. Do you know if they actually moved the physical equipment from Richmond to San Carlos A. It's my understanding they did Q. So they just picked up the plant and moved | it to another location A. Correct ; Q. And was it your understanding that in addition to moving the original equipment in Richmond that they also expanded on the facility to make either more of the product or different products Page 115 MR HAZEN Objection form 123 A. Within the Paco division Q. By Mr. Coon Yes sir 4 A. I don't know if there was any expansion 123 Maybe I am -- maybe I won't answer your -- your question correctly but when it was purchased in '60 we continued to operate it at that location up through '64 and that material that drywall material is what went into Moore stores in 10 that area that were serviced by >> 11 11 Q. Okay A. -- that facility Q. Any idea of what type of volume of the dry 12 joint compound was produced each year those four 12 years A. can't answer that sir Moore Q. Do you know whether or not 1717 retains any records that would reflect the volume of 2019 manufacturing of those goods at that facility A. If there's records available they would 72222 be in that repository Q. And what happened in 1964 72 2 A. The Richmond facility was located -- was moved to San Carlos 72 722 Q. And what was the reason for the move Page 117 : A. Well they didn't make anymore products they just brought over what they were making Q. Okay A. -- having never seen Richmond I can't tell you if it was an expansion or not to be honest with you . Q. And how long did the San Carlos facility continue to operate from '64 until when A. As far as making Paco , Q. Yes sir A. The -- they -- we finished -- we ceased making Paco in 1982. That was suspended -Q. Okay Now -- A. as a company Q. Now when we're talking about Paco and ceasing production in '82 are we talking about the . the Paco dry joint compound or other product lines that they also manufactured at later days A. I When talk about '82 that's when the company decided to get out of the business so whatever products they were making at the time everything was discontinued Q. Okay A. During the earlier period from 1964 on there were some product lines that were added to the NELL MCCALLUM & ASSOCIATES INC 713 861-0203 30 Pages 114 to 117 36766920-761c 00045a4bdea7 Page 118 1 Paco assortment but in '82 everything was 2 eliminated 3 Q. Okay So understand that from '60 4 to '64 the only product that was made at the 5 facility which was then located in Richmond was 6. \ called Paco dry joint compound 7 A. To the best of my knowledge it was the 8 joint compounds 9 Q. Okay And that was I believe an 10 containing material was it not 11 A. That is correct 12 Q. And then from '64 to '82 the facility 13 operated in its new location in San Carlos 14 = California 15 A. Correct 16 Q. And during that time frame not only did 17 they continue to make the dry joint compound for 18 some period of time but they also expanded into 19 some other product lines under the Paco name 20 A. Correct 21 Q. Okay And then in 1982 they quit making 22 anything under the Paco name or they shut down the 23 plant What did they do 22 A. We shut - all the Paco operations were 25 shut down throughout the company 14 : Page 120 ; 3 -23 Q. Okay When did they start making paint i -23 there " -23 A. We moved to that location in 1952 -- '56 y 4 I believe 5 Q. Okay 6 A. Now I -- don't hold me to it 7 Q. Okay So I better understand and you 8 probably said this earlier but when the Richmond 9 plant closed in '64 and moved to San Carlos they 10 moved to the same location where there was already 11 existing Moore paint facility 12 A. Yes sir 13 Q. Okay Now I understand So you already 14 had paint there and then you bring the texturing 15 in '64 16 A. Correct 17 Q. And then '82 you shut down the textur,ing 18 or all the Paco lines correct 19 A. Correct 20 Q. And you still have the paint product lines 21 that were there before '64 and after '82 22 A. Correct 222 Q. Okay Anything else other than the paint 222 ~~ lines 25 A. Anything -- where at that facility Page 119 123 Q. Okay Did that shut down that whole 123 facility or was the facility in 1982 making things 123 other than the Paco product lines 4 A. Well as the map indicates that area was 5 also on the paint plant 6 Q. Okay So they expanded into Paco other 7 Paco product lines between '64 and '82 and also 8 other product lines other than Paco 9 MR HAZEN Objection 10 Q. By Mr. Coon Like paint 11 MR HAZEN Objection form 12 A. I'm confused now 13 Q. By Mr. Coon Okay am too From 14 '64 to '82 the San Carlos facility continued to 15 make Paco product lines of various sorts 16 A. Yes sir 17 Q. Did they make anything at that facility 18 during those years other than the Paco product 19 lines 20 A. the actual building where Paco was 21 located 22 Q. Just the same facility Not necessarily 23 in the same building I don't know how many 24 ~~ buildings you have there 25 A. We made paint Page 121 123 Q. Yes sir 123 A. Well one of the home improvement centers 123 was there 4 Q. Okay And what years was the home 5 improvement center there 6 A. Oh I think that particular one started 7 around mid 70s and that was shut down in 19 -- 8 around '87 '88 9 Q. And would they have sold their Paco 10 product lines right there at their home facility 11 A. believe they would have yes I 12 Q. And take it their paints would be sold 13 there at the home improvement facility as well 14 A. Yes sir 15 Q. Anything else other than the Paco lines 16 the paint business and the home improvement 17 facility that was there for a period of time in the 18 70s and 80s 19 A. Not to my knowledge 20 Q. Okay Let's next talk then more about 21 the Paco product lines 22 Over the years how many different Paco product 23 lines were made if you know 24 MR HAZEN Objection form 25 A. Over the years Since when From -- ae 31 Pages 118 to 121 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 00045a4bc Page 122 Q. By Mr. Coon From the time you first acquired the Paco product lines in 1960 until the present A. So it would be '60 through '82 I am just 123 trying to count them up in my head I'd there was probably about maybe 15 or 16 different product lines Q. Okay A. Now when I -- I'm sorry I got to clarify that I don't think there were that many different product lines because some of those products had two different -- some of them came in dry and some of them came in wet so there may have been a couple -- a few products where you had both dry and wet and that's what I am calling the total of 16 but in essence it could have been only one type of product Q. Okay Let's -- let me show you what I have We have been provided with the boxes that you told us you looked at earlier A. The six boxes that we gave you Q. Yes sir Yes sir We- We- have looked at those and some folks in my office have looked at those and we tried to go through and sort some things out Let me show you what we have There Page 124 123456 MR COON Yeah that's fine MR HAZEN Let's just go off real 123456 quick and just make sure 123456 THE VIDEOGRAPHER Going off the , ; record at 1:26 123456 A recess was taken THE VIDEOGRAPHER Going on the record The time is 1:39 p.m. May 31st 2002 Beginning of Tape 2 Q. By Mr. Coon Okay Mr. Giffins we - have taken another brief break to go back and look at some photographs and some additional charts that you have in front of you And I want to first go _ back as a matter of housekeeping and ask you before the break about the different kinds of products that Moore had manufactured that at one point in time had asbestos And you had identified a number of them I think to try to make a rough guesstimate This is what's identified as KM 1019 counsel a also KM BB 6549. It was provided to us as list of 31 products Have you had an opportunity to look at that A. sheet I don't recall having seen this particular am familiar with some of the products that Page 123 are some photographs of a number of Paco -- what I believe to be Paco products If I could have you identify these for us might have a few additional questions of you MR HAZEN Brent if you would as you go through them would you read off for me the document number down on the hand side and that way I can track them I won't have to look at them MR COON Yes sir Although the numbers that are on these are our identifying numbers if that's okay with you MR HAZEN Okay So you've -- do you mind I am going to come around and just take a peek at them real quick COON Yeah These may be ones _. -- am looking for what you had as the BB numbers MR HAZEN Right Did you go over the BB numbers MR COON These don't have -- no I don't think so I don't think these had BB numbers which makes me wonder if these came out of the boxes or not ; MR HAZEN You want to go off the record real quick Page 125 12 are listed on here Yeah Q. Okay The -- the first thing I wanted to 3 ask on there of the 31 products that were identified as containing asbestos how many of those 5 were under the Paco umbrella 126 Obviously a number of them are because they _ actually had the Paco name but I don't know if all of them are or some of them are A. To the best of my knowledge they all would have been They all would have been Q. Okay So if we look at the list of the 31 there that are identified even if it doesn't say Paco in front of it we believe it to be a Paco product A. Yeah the taping compound Yeah I'd have to say that is true Yes Q. Okay Do you have a recollection of Moore ever making any of those products under any name other than the Paco umbrella A. am not aware of that sir Q. Okay So the only ones we would have in addition to this from what you recall would be the possibility of what was rebranded with Georgia Pacific at some point in time in the late 60s early 70s NELL MCCALLUM & ASSOCIATES INC 713 861-0203 32 Pages 122 to 125 36766920-761c 00045a4bdea7 Page 126 12 A. Could you ask me that question again 12 3 4 5 6 . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 222 please that we have Q. Yes sir The only products here that were Moore's containing that would supplement this would be those the products rebranded through Georgia Pacific to that were recollection best of your A. The Georgia Pacific products would have have been sold through a Moore store not Q. So wouldn't have them on a list Okay you those to be like this anyway because you considered separate because they were rebranded A. That's correct Q. Okay We next have -- let me ask you one more question Of the list here does anything seem to be inaccurate with respect to this list being ~ sone of those products that contained asbestos In other words can you look at the list and this one shouldn't be on there because I know say for a fact that one did not contain asbestos A. What -- are you talking in -- from the time -- from the beginning to '60 through '82 Some time frame some of these were converted to not 222 contain asbestos 222 Q. understand that Probably the -- first Page 128 fs 4 : 1 Purpose Joint Compound ; 2 Q. Okay Was there a particular reason that 3 you would have big numbers 5515 on there Does 4 that have any particular significance significance Sometimes 5 A. can't say that it would 6 contractors buy by numbers and they -- or they buy 7 by names and so it -- this probably was there more 8 convenience thing 9 Q. Okay 10 A. We do that with our paint 11 Q. Okay Do you know whether or not when 12 Moore acquired this product line if those 13 numbers were already there the bags looked similar facility 14 to this at the time you acquired the 15 A. No do not I have not seen bags from 16 what they looked like when we bought Paco 17 Q. Okay So do you know whether or not there 18 was even a Paco -- Paco logo like that one on any of 19 the bags 20 A. -- don't know sir 21 Q. Do we know if the Paco logo existed in any 22 form like that prior to the acquisition by 23 Moore 22 A. do not know that 25 Q. Okay And we don't know if the 5515 there Page 127 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 is can you look at the list and say I know for fact this product never had asbestos in it A. can't say that Q. Okay Now we next have a number of what believe to be photographs of various bags or containers of Paco product lines A. I got it marked KM 1025 Q. And I'll show you what are through 1041 and there may be a couple of them missing but there is a -- pretty much a package here Are -- can you tell us and looking at -- let's just look at the first one there and actually if don't mind if we can just flip that around anydosuhow it to the camera so we have got an idea of what we're looking at This says Paco Joint Compound and the Paco would be the -- I guess the trade name for the product A. That's correct Q. Okay Now we have a number on it for is that one 5515. Is there any particular identifications of that number Does that tell you + something to that A. No. That's the number assigned particular product The product itself would be All Page 129 Uf 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 222 222 222 means anything with respect to the ingredients or anything like that A. Well that would be a product number It has has nothing at all to do with the ingredients Q. Okay And then it says joint compound Now what would that product have generally been used for A. That would have been used to seal the -- the basic joints QA.. OAkndaythen you lay the tape on top and then put finish coat on top of that talked Q. Is this the dry joint compound you us earlier about A. This is the dry and -- the material in the bag would be the dry correct Q. And would that have come in the 25- and pound bags A. Correct Q. And would this kind of be a -- for people that have not -- can't readily put their -- picture on what it would look like would it look kind of like the bags of ready concrete you could buy from home improvement store that kind of bag NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 00045a4bc Page 130 just a tear top 2 A. Yeah I guess you could say that Q. Okay Do you recall the colors of the 4 bags Kind of brown White A. Sort of grocery store brown type thing in different colors depending at the time whatever the 6 bags were printed Q. Did Moore have a typical supplier of 9 the bags for the various joint compounds and cements A. To the best of my knowledge Saint Regis is the one that supplied the bags to the company Q. And would Moore just tell them how they would want the bags logoed and stencilled A. Moore would have influence on that but Saint Regis also since they had a staff of professionals that did this kind of thing I am sure probably provided some input as well Q. Okay Now if we look -- do you know when these photographs were taken I have no idea Okay Q. When these were taken right here , Yes sir I have no idea Page 132 yes Q. And then you may have some indentations in the sheetrock where the nail was embedded into the sheetrock A. The nails are countersunk That is 9 correct Q. Sure So you go back and you would take this mix it with the water to a make kind of a mud or something that's -- has a composition kind of 10 like mud A. Similar yes 11 Q. And then you would take a trowel or something and spread it over the cracks to fill in ' all the cracks A. Correct i 1619 Q. And you would also fill it in over the indentions where the hammers knock the nails in to 18 . hold the wall -- the sheetrock up 19 A. Correct Q. Okay put 21 A. And then you the tape on top of the seam and then you put generally another coat on top of that as a finishing coat Q. So if we looked at the rolls that you 2 2 showed us earlier the big rolls of paper that Page 131 Q. Let's talk briefly about the next one We have a bag This one's 1026 this one says Paco Vinyl Joint Compound and it's got kind of a striping pattern to it 123456 A. Right Q. What was that used for A. That was used for the same thing as the All Purpose Joint -- but this could only have been used in joint compounds or doing joints This 10 could have been used doing a few other little things such as you might want to use it as a -- as 10 top coat as well ' Q. Okay And the top coat for the Ladies 14 and Gentlemen of the Jury that are not familiar with the drywall -- drywall processing what would that 15 be A. Okay You have two pieces of drywall that . come together -- 18 Q. Okay This would be like in your house if 1.7 you have a four by eight sheet of drywall what a lot of people just call sheetrock because of the popularity of that trade name but if you buy sheetrock or drywall and you put it up on the wall 132 132 and nail it up you got your cracks correct 1323 A. Where the two sheets butt up together Page 133 i would be the tape that would come out in pools and 3 you would just -- like giant rolls of -- I guess if you do something by analogy it would be like a -- a bathroom paper or something comes in a long roll and you just pull it out off of the seam .A You could It's a lot thicker than bathroom paper It's a lot thicker 9 Q. Right And in bigger rolls but similar analogy A. Yes 10 Q. Okay And you peel out whatever you need and tear it off You can tear it off by hand or 13 with your tool I suspect A. Correct 15 Q. And then you put it over the crack and then you smooth out the paper with your trowel as well 17 A. Correct Q. And then you have a finished surface to 23 work with correct A. And then you would put -- you put a top coat on top of it Q. Okay Now what would be involved in putting a top coat on 25 A. You would trowel that on like you would NELL MCCALLUM & ASSOCIATES INC 713 861-0203 34 Pages 130 to 133 36766920-761c Page 134 12 have troweled the base coat 12 Q. Okay And there are a lot of different texturing 3 ways you can apply the sheetrock with your 4 compounds to give it different types of finishes for S ceilings and your walls You can have a lumpy your finish all kinds of . 6 finish or you can have a wavy 7 different tools to leave different patterns in the 8 wall 9 A. Well that's different than the mud The 10 mud what we refer to as mud _ 11 Q. Okay 12 A. The joint compound is what fills the beds the tape and then goes on top of the 13 joints do the texture the wall 14 the tape When you 15 texture that's a separate step That's -- that's 16 done after all this is done and it's a different 17 type of material 18 Q. Okay So in commercial or residential 19 application you put your boards up the studs the 20 wall frame and then you take the sheetrock or 21 drywall nail it up to the studs to have a solid 22 ~~ wall correct 23 A. Correct 24 Q. And then you would take the mixtures you 25 have described here and you fill in the cracks and Page 136 123 Q. More three dimensional 123 A. Yes 123 Q. Okay Well let's talk about these other and how they were used The next one you 4 products This was Number 5525 5 have was the taping compound 6 That also came in pound and pound bags 7 A. Yes sir 8 Q. And what was it used for A. It was also -- this was -- it gets a : 9 days lot : a 10 little confusing There was in the early of these There were many different types of a iq 11 This taping compound could also be used 12 products the compound It just performed a little : 13 like joint could all Hy __ 14 bit differently So these three products : 15 have been used to do the same thing only they just 16 --this --this particular product may have performSeod aa :E 17 little bit differently than the All Purpose 18 lot of - some of this became preference to -- from i 19 the contractor 20 Q. Did all three of those products basically 21 have the same ingredients 22 A. That -- if you're talking about 23 ingredients as far as raw materials i 24 Q. Yes sir : 25 A. They may have varied but they were t ft Page 135 Page 137 : 4 i 123 the nail indentions to get a finished surface to 123 work with 1 similar yes 2 Q. Did all three of those have asbestos as E 3 one of the ingredients ; 123 A. Correct 4 Q. And from there you can either put some 5 other finishing touches on it or paint or whatever 6 A. You leave it the way it is and just 7 have the bare flat drywall which would look like 8 what we have in this room or then you can take and 9 put - or you could put a texture finish on it to 10 give it little bit of a texture and then paint it il Q. Okay And same with the ceilings a lot 12 of homes and commercial businesses would have the 13 drywall nailed to the ceiling as well to the 14 ceiling joists 15 A. Correct Q. And you would do the same process fill applied 16 fill in the flail holes and many 17 in the cracks 18 times the ceilings would have more of a textured 19 composition than the walls where they would do it 20 with brooms and all kinds of different ways to give 21 it patterns powder 22 A. When you say more of a texture talking 222 about a more defined texture 222 Q. Sure 4 5 .6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2222 2222 2222 25 A. Yes . Q. Okay Let's go next to 1029 looks like just some of the writing that's on one of the bags A. Yeah Q. So we will go to 1030 that is Wall Texture Okay Could you tell us about that one A. It's got wall and ceiling texture on it Do you need to see this Scott Q. And if we were to show this one if we could hold it up it says again the Paco logo and it's called Paco Wall Texture The other ones did not have Paco Was there something in particular that would cause that one to have an additional trade name on ? A. Well other than I think the Tex to the fact that this was texture Q. Okay A. That's a yes Q. Okay And then what was it used for A. The wall texture -- it's a dry The wall texture is used to give that sort of a little bit of an effect on the wall and the ceiling A. Yes NELL MCCALLUM & ASSOCIATES INC 713 861-0203 35 Pages 134 to 137 36766920-761c 00045a4b Page 138 123 texture was the texture that went on the ceilings 123 Q. Okay That's the other bag next to it 123 that was --- says Paco Textures and then it says 4 Number 6373 Deco 5 A. Decorative ceiling texture ; 6 Q. Okay And was that pretty much the same T kind of material as the wall texture material What 8 was different about it 9 A. had a different type of aggregate in 10 it It was little bit rougher -- 11 Q. Okay 12 A. -- because you had a different finish 13 Q. Okay Gave it a -- an ability to have a 14 little more of a dimensional -- 15 A. Yes 16 Q. - effect to it 17 A. huh 18 Q. Did it also come in pound bags 19 A. Yes 20 Q. It was a powder 122222 A. Yes 122222 Q. Dry powder mix it with water 122222 A. Yes 122222 Q. Stir it all up and use it 122222 A. Right Page 140 12 compared to something you would have as a kitchen 2 blender just on a bigger scale 3 A. Yeah the equipment that we were looking 4 at earlier this morning -- 5 Q. Okay 6 A. -- the Sprayline -- 7 Q. Right 8 A. type material that was made to spray 9 the material on And what you would do it was 10 somehow -- and I haven't seen the equipment because 11 M that particular equipment but the powder goes 12 in the water goes in and then combines and it 13 squirts out a 14 Q. Right And we talked about the Sprayline 15 products You could actually -- if you had lot of 16 this to do you would not want to do it by hand just 17 because of the labor costs So if you could spray 18 it on with equipment it might be more time -- time 19 saving 20 A. I -- I don't know if that's true because 21 professional who knows how to use this and if 22 it's used properly can go on rather quickly and 23 easily 22 Q. What would have been the benefits of using 25 the Sprayline equipment then 12 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .18 19 20 21 22 222 222 Page 139 Q. How would these products typically be mixed with water We have gone through five or six different pound bags of this When you opened them up they were really just full of the dry ingredients A. Correct Q. The clays the cements and whatever the aggregates were the asbestos all of that was still in powder form kind of like a giant bag of flour right A. Correct of Q. And if you -- and actually the bags are kind of like big bags flour where you could tear them open paper bag and you tear them open and then you would dump them in the buckets and add water water A. Yes sir Q. And then how would mix it up Just stir it up with a stick or whatever you had _ A. Whatever you had as to - had to mix it through Q. For commercial applications where a lot of this was used did the contractors many times have some sort of blending units or equipment mixing equipment Like giant blenders that you would -- Page 141 : 1 A. If 2 Q. A different effect 3 A. No. You -- on the joint compounds you so 4 really had to do that by hand The spray was more 5 applicable to the texture when you're doing this 6 whole room you have gone through and done the -- 7 Q. You have taped and floated 8 A. You have done all that which is basically 9 mostly done by hand although there were -- there 10 was some mechanical equipment that would help put 11 the tape on with the -a with the bedding But when 12 you get to the texturing you're doing large 13 expansive areas and that's where the machines came 14 ~~ 15 16 17 18 handy a Q. Okay Now you had machine that would -- once all of this was mixed you opened up these bags and mixed them with water and got them all stirred up Then you could have the machines spray 19 | 20 21 22 23 it out for you A. huh Q. Did the machine also mix it up for you Could you dump the pound bags into some hopper on the machine and add water when you do that 24 A. Yes sir 25 Q. Okay NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36 Pages 138 to 141 36766920-761c 00045a4bdea7 Page 142 12 A. It's my understanding that's how they 12 worked So think it was a step piece of 3 Q. you mix it and then 4 equipment You didn't have to go it in the equipment you think you could dump 5 dump in there and it had a hose connected to 6. } the powder would blend it into 7 it or something where the water 8 mud and ready to go 9 A. My recollection you could do it both People would do that mix it and put it in 10 ways and you do it by 11 some type of a hopper small one 12 hand 13 Q. Okay where dumped it in 14 A. Or you had machines you 15 and it all did it for you to the next one this 16 Q. Okay Now we go Paco Textures 1032. Is that maybe the 17 just says 18 side of another bag 19 A. Yeah It says Liquid so this would ready 20 have been what we call 21 Q. Okay Ready Yeah I see on the -- 22 if we look at this one if we held it up and showed 23 this is not a flat bag correct This is something 22 else 22 A. That's a box L Page 144 f 4 a; . 1 able to put it in - on 2 Q. Do you know whether or not there was a a difference in the volume of sales 34 sbiegtnwiefiecnantthe powdered stuff that was mixed by the : S contractors versus that that was already premixed Hl 6 with the water probably 7 A. This -- this was our -- one of 8 our better selling products the Ready 9 Q. Ready 10 A. Yes sir 11 Q. Okay And let's go to the next one This 12 called Paco Textures -- 13 A. Joint Compound -- 14 Q. -- Quik 15 A. -- Quik yes 16 MR HAZEN Number Brent 17 MR COON This is 1033 18 Q. By Mr. Coon And what are we talking 19 about with Paco Quik Joint Compound 20 A. What's -- what is the product precisely 21 Q. Yes sir 22 A. The Quik Joint did the same thing as 1223 the other joint compounds did the only thing is 1223 this dried a lot faster This was more like a 25 plaster thing and there were three different Page 143 N2 Q. Okay This is in a box So we got a N2 little bit different shape to it 3 A. Yeah I am trying to find you a better 4 picture S Q. And on the side of the box it says 6 liquid do not drop protect from freezing 7 Did read that correct 8 A. Yes 9 Q. Okay So what you have there is the 10 containers that would be sold by Moore that 11 had already taken the dry powder that we've talked 12 about in these pound bags and mixed it up with 13 the water so it's ready to go . 14 A. Correct powder 15 Q. Okay And would it still have the same 16 purposes for use as the ones that came in the 17 form 18 19 . 20 21 22 23 24 25 A. Yes sir Q. What would be the reasons that you would have some of your contractors or customers wanting it in ready form A. That's really a preference by the contractor It's a matter of convenience in that you don't have to go out and have a supply of water new construction You just open it and you're Page 145 1 variations speed at which it would dry Then this a 2 primarily was not meant to go and do a house or a 3 room with because it dries quickly It's little 4 bit different type of product This is more for 5 smaller job 6 Q. And this also came in the 25- and pound 7 bags 8 A. know it came in 25 I'd have to go back 9 and refresh my memory if it came in anything bigger 10 Q. And did it essentially contain the same 11 ingredients with the exception of something that was 12 more of a drying additive ; 13 A. No I believe this was compositioned a 14 little bit differently because of its Quik 15 characteristics 16 Q. Okay material 17 A. A normal contractor with this 18 had habit -- stay wet for a while so they could a 19 really work with it because it's done lot of it by 20 manual This on the other hand was more of a 21 concentrated smaller area 22 Q. And do you know if that one also contained 23 asbestos 22 A. It did MR HAZEN Objection form LE Scarce 37 Pages 142 to 145 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 11d6-8c1c 00045a4bc Page 146 Q. By Mr. Coon Okay Next we have Paco Spray Texture Number 5580 MR HAZEN 1034 123 MR COON Yes sir 1034 Q. By Mr. Coon How does that one differ from the other ones A. This is a sand finish 9 Q. And what is sand finish A. I guess the only way I could explain it is you put some glue on the wall and you throw sand on it and that's -- it gives you a rougher finish Q. Okay A. Coarser finish Q. had a grittier finish -- A. Yes -- or texture to it Was it because they Q. put sand or something in it A. I believe -- I can't answer -- I believe so I don't know what the composition of this particular was Q. Okay Did that also come in pound powder form A. Yes Q. Asbestos a -- an ingredient in it Page 148 & out a lot easier as you trowel it on Q. And what do we mean by less bodied A. don't know I guess it's like making a cake You girls probably could help me a You might have something that's little bit more viscous than something else I mean it's made the same way but it just doesn't have primarily have got it mixed the body when you -- when you a It -- it could be little bit thinner somehow And I don't know how to explain it I'm not a technical guy 10 Q. Could you get the same effect by using one of the other compounds and diluting it with more water or did you lose some integrity of the product 13 if you did that A. can't answer that I don't know that 17 SorQr.y Okay Next one we have Paco Textures is that another box A. This is the Ready topping Q. Okay 2 2 MR HAZEN 1037 A. Yes MR COON This is 1037 Q. By Mr. Coon And what is Ready Page 147 . MR HAZEN Objection form - A. Yes Q. By Mr. Coon Okay Let's go to the next one This is Document 1036 Paco Textured Number 5535 Finishing Compound Also in pound bagsbabgsags A. A. Yes Q. Also powder A. Yes Q. Also with asbestos A. Yes MR HAZEN Objection form Q. By Mr. Coon How was it used 11 A. This would have been -- if you were using this material in place of an all purpose this would 15 have been the last coat This would have been the top coat that you put on above -- on top of the 1283tn _ tapQe. And what would be the purpose ofgoing back with a finishing coat from a contractor's standpoint with this product A. This product in itself was not as bodied as the first coat The first coat has to be bodied 2524 to fill -- help fill in those voids This was a 25 little less body which allowed it to be smoothed Page 149 topping . A. It's this product here in theory already preQm.adOekay The finishing compound that's already mixed with water .A Right Q. Okay A. essence that's the difference Q. And next -- this part of a bag says Paco -- Paco maybe 100 10 A. You got two different deals there Q. Well we can't read One is the side of a ; Quik 13 A. That's Quik That's different We talked about it Then there is a side Q. 100 Texture 15 of something that says -- is that a A. Yes 17 Q. Was that off the - A. 100 Texture Vinyl something 52670 Q. A. it's the Q. A. Do we know what that was It was -- it's a texture In this case ceiling the 100 is the ceiling texture Okay Was that also in a pound bag Yes Oh wait a minute It looks like -- there is a pound This looks like a pound 38 Pages 146 to 149 NELL McCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c Page 150 -nmenroa bag All right -nmen roa Q. Okay And powdered -nmen roa A. Yes -nmen roa Q. Mixed with water -nmen roa -nmen roa -nmen roa -nmen roa 9 10 11 12 __ 13 A. Yes Q. Do you know whether it contained asbestos MR HAZEN Object A. It did Q. By Mr. Coon It did A. huh Q. Okay The next one the Quik we have talked about it have we not A. Now first of all I want to clarify , 14 something 15 Q. Yes sir containing asbestos 16 A. You asked me about 17 Q. Sure We understand that -- 18 A. Since we started this conversation abohuatd in 19 '60 am telling you what these products 20 them at that time 21 Q. Sure 22 A. Okay I just want to make sure We do understand at some point in time 23 Q. from some of these 24 asbestos was reduced or removed 25 product lines gres Page 152 i f 1 application or finish j 2 Q. Akin -- what would be the closest product : 3 that you made to that one 4 A. There -- I don't know if there is anything 5 that is close Texture paint would be the closest ; 6 but can't say you could compare the two i 7 Q. Okay : 8 A. mean texture wall texture 9 Q. Okay 4 10 A. Deco color to it This is : 11 Q. Now did this have a : 12 paint but you mix it It's a powder right 13 A. It's a powder 14 Q. And you mix it with water 15 A. Right 16 Q. And you put it on the sheetrock or 17 drywall 18 A. Right 19 Q. When you did that would it have a 20 finished painted look to it 21 A. No you would have to paint over it 22 Q. Okay Why was it called texture paint 23 It was a texture for paint 24 A. am assuming it was called texture paint 25 because you could put it on with other vehicles Page 151 12 A. We started removing it in 1972 12 Q. And we will talk more about that in a 3 little bit 4 A. Okay 5 Q. And next we have 1039. This is called 6 Paco Texture Paint Number 5563 7 A. Right 8 Q. pound bag 9 . A. Yes Appears to be 10 Q. Powdered 11 A. Appears to be 12 Q. Contained asbestos at some point 13 A. It would have yes 14 Q. And used for what sir A. This is where you -- where you want -- I 1156 don't know how to explain it It gives you like a but it's more of a paint With the 17 texture could mix this with 18 textures you had to spray You 19 water and put it on with a brush 20 21 22 23 Q. Okay A. And would give you a textured type effect little bit different Q. And would be most akin to what other ~= 24 product A. Well for the -- akin as far as Page 153 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 22 other than trowels and -- or machines Q. Okay And that was because of the viscosity A. Yes sir Q. Okay Next we have got Document 1040 This is called Paco Texture Vinyl Base 100 I think we saw a side of that bag -M A. Yes Q. -- at 1038 A. Yeah Q. Is that the same -- is that the side of that bag A. Appears to be yes Q. Okay And think you described that product for us It says Number 6373 Decorative Ceiling Texture A. Correct Q. Anything else about that you have not already told us about A. Huh Q. And 1043 or actually that's 1041 -- A. 1041 to be the sides or bottoms of Q. -- appears some of the bags as well A. Hard to tell 39 Pages 150 to 153 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 11d6-8c1c 00045a4b _ S _ S Page 154 Q. Okay Now over the years with these products -- let me back up First we don't have photographs here of each of the 31 product lines that we have under Document 1019 do we A. You don't have -- 12345 Q. Do you know whether or not Moore has from its archives or -- or from whatever purposes copies of the other product lines that are on Document 1019 to supplement the ones we have just discussed 1011 A. have seen copies of labels or packaging in the archives in the repository Now whether all these are within that stack I don't -- I do not know that sir But a lot of what is on here is 14 what you have got there I 16 Q. Yeah think we have got 10 or 15 of -- looks like we have looked at photographs of about 17 half of those products that are on the list BalAl.parYkeah because you keep in mind some of 2024 these are all the same only they're like the Quik you have three different products Q. Okay A. You have a fast medium and slow dry so 25 that -- but that bag would be the same for that one Page 156 Q. Okay A. So even though it had the same basic a ingredients in it it was -- it was made little bit differently to appeal to the Texas market the Texas users and a lot of the products had different 123 alpha numbers on them or letters Q. Okay MR HAZEN Hey Brent can we take five for a quick bathroom break MR COON Sure 11 MR HAZEN We've been going about an hour or so MR COON That's good THE VIDEOGRAPHER Going off the record at 2:11 17 A recess was taken THE VIDEOGRAPHER Back on the record the time is 2:25 Q. By Mr. Coon Okay Mr. Giffins we just took another break and now that we're back on we were last going through the product lines and in 23 looking at the bags a number of them have a caution I believe we can go back -- look at this one by example It says Caution contains -- 25 A. Right Page 155 . 123 except that it would identify on the bag if it was 123 fast medium or slow 3 Q. Well for instance I don't recall seeing 4 one that said Radiant Heat Fill 5 A. No. 6 Q. Do you know what that was 7 A. have no idea 8 Q. I did not recall one that said Triple 9 Duty Bestex D. Do you know what that was 10 A. I think at one time Triple Duty Bestex D 11 was the predecessor to the All Purpose but I don't 12 swear 13 Q. What about Bestex A 14 A. You want to get real confused 15 Q. Not really but I am probably going to get 16 there 17 A. Bestex product could have been made as 18 Bestex say for ceiling texture but there were 19 different formulas because some areas you had to 20 make a formula where it dried differently The 21 formula for Texas is entirely -- was basically 22 different in a way not basically but there was a 23 difference in the formula than the Bestex would have 24 been in California because of our humidity and heat | 25 here from a drying point Page 157 [f - Q. -- asbestos fibers avoid breathing 2 ~~ dust 3 A. Avoid creating dust 4 Q. Okay Avoid creating dust Breathing 5 asbestos dust may cause serious bodily harm 6 Is that a label or warning notice that you have .7 seen on other bags of the Paco textured product 8 lines 9 A. Yes 10 Q. Now it's fair to say that that did not go 11 on to any of the bags that contained asbestos prior , 12 to 1972 correct 13 A. That is correct = 14 Q. Okay So you are not aware of any of the 15 Moore product lines that contained asbestos 16 having any type of additional labeling on it such 17 as what we just read on any of the products before 18 1972 19 A. had not seen anything with a warning on 20 it prior to the items that were produced in '72 21 Q. Okay Now in looking at these 22 photographs of the products since they have this 23 label on the bottom looks like it's mostly on the 24 bottom back of each of the bags doesn't it 25 A. believe it appears to be at the bottom NELL MCCALLUM & ASSOCIATES INC : 713 861-0203 40 Pages 154 to 157 ~ 36766920-761c Page 158 12 12 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 323 323 25 the bag yes In the back Q. And it's on the backside of the bag -- A. Yes Q. -- below the instructions and -- ingredients A. Correct -- and all that other stuff So it's fair to sQa.y that when we're looking at these photos for it to have those labels on them dealing with were taken in asbestos we know that these pictures '72 or sometime thereafter certainly not before 1727 A. Q. I think it's a fair assumption yes sir But you don't know what year they were taken A. have no idea sir . Q. Okay Now if we were to look at these same bags from like 1965 or 1970 for those that still bad asbestos in them and we pwirloldutcaltks more about that later but for those that still had asbestos in them would any porfotdhuectmshad any kind of labeling to identify that asbestos was in the bags MR HAZEN Brent I'm sorry what was your time frame again I just missed it on that Page 160 : identified on any of the bags before 1972 : - we just that because I i: 20 A. Again can't answer of the bags prior What I have : 3 haven't seen any what we have right here sir : 4 seen is what we -- _ 5 Q. Okay And it's fine Mr. Giffins I 6 guess just when you're telling me you haven't seen 7 any bags like that it leaves me with the impression 8 that you may still believe that for some reason there were labels like that on the bags and so 190 maybe it's just a misunderstanding I just want to 11 clear with you Do you have any reason toof 12 believe here today that there were any types 13 labelings like what we have just looked at on these 14 bags on any of the products before 1972 15 MR HAZEN Objection form 16 A. Again I don't know what was on those bags 17 prior '72 18 Q. By Mr. Coon Okay 19 A. know what was put on in '72 but I don't 20 = know what was on there prior sir 21 Q. Okay But as corporate representative 22 for Moore has -- have other management 23 people or people in the marketing or labeling or 22 bagging or anyone told you that they had warnings 25 like this on any of the bags before '72 Page 159 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one Q. By Mr. Coon At any time prior to '72 for any of the products that had asbestos A. As Q. Would there have been any labeling to your knowledge that would have identified the bag containing asbestos A. No as I said a little bit earlier I am not aware that there was anything on the bags prior 72 nor have I seen anything -- Q. Okay A. -- that would indicate that Q. And it's a fold question One is you're not aware of the bags identifying asbestos as one of the ingredients prior to '72 A. That's correct Q. And in addition to that you're also not aware of any of the bags having any kind of warnings or cautions about the fact that asbestos was in the bag A. It's - that's correct Q. Okay Now with respect to -- A. have not seen any of that Q. Okay Do you have reason to believe that there were any types of labeling of the nature that Page 161 12 A. This particular warning was not put on the 12 bags until '72 3 Q. Okay And -- 4 A. That particular warning 5 Q. Okay Now and again you're saying that 6 particular warning was there any other kind of 7 warning on any of the bags before 1972 8 A. have indicated I don't know sir 9 Q. You're not aware of any 10 A. am not personally aware of any No. 11 Q. Do you have an understanding or reason to 12 believe for some reason that there were such 13 warnings 14 A. can't speculate I really can't sir -- 15 Q. Okay 16 A. to be frank with you 17 Q. You don't have any reason to believe that 18 there were Nobody at the plants told you that 19 there were or anything like that 20 A. Nobody said there were nobody said there photographs weren't 21 weren't 22 Q. Okay All right Next we have one other 333 that was in the series of This one 333 counsel is 1027. It says Monospray and that 333 was in with the middle of these photos Do you have 41 Pages 158 to 161 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 00045a4 2 Page 162 123 any reason to know why that was with those 123 MR HAZEN Objection form 123 Q. By Mr. Coon Because it has a -- you can 4 barely read it here but it says Baldwin Ehret 5 Hill Have you heard of that company 6 A. No I sure haven't am not familiar 7 with that at all had 8 Q. Do you know whether or not Moore g any relationships with Baldwin Ehret Hill 10 A. don't even know who they are 11 Q. The product line that was in the photo 12 called Monospray have you ever heard of Monospray 13 A. Have not 14 Q. Don't have any reason to know why this 15 would be part of the records in the repository 16 A. do not 17 Q. Okay 18 A. First time I have seen that sir 19 Q. Okay Do you know whether or not the would have been something that would have 20 Monospray 21 competed with the Sprayline products that you guys 22. 1322 1322 1322 had A. have no idea Q. Okay Do you know who any competitors were of you Sprayline product lines Page 164 i 123 Q. -- rebranded yours 123 A. They were rebranding with other people 123 too I believe but they -- 4 Q. Do you know if they made any product lines S of their own as well as rebrands 6 A. I believe they did but not to the 7 extensive offering that maybe suppliers such as us 8 had to offer 9 Q. You believe you were the largest 10 supplier of the rebranded market for GP under those 11 years 12 A. No way No way 13 Q. You think there were other people that 14 rebranded more for them from '68 '71 15 A. I don't know that for fact but my 16 assumption was they were -- what I understand they _ geographically 17 were rebranding 18 Q. Okay Do you know who else they were -- 19 do you know who else GP bought product for to 20 rebrand 21 2222 | 2222 2222 2222 A. do not Q. Okay And I recall GP was the only one you recall rebranding for A. That's the one I'm aware of Q. also mentioned the -- the plant in Page 163 123V A. When you're talking about Sprayline 123V you're talking about the equipment that put it on 123V Q. Yes sir 4 A. Oh I know there was -- there is other - S am understand there were other people out 6 there who made similar equipment For me to give 7 you their names I wouldn't know off the top of my 8 head 9 Q. Do you know any competitors of Moore 10 that made any of the products like the ones we just 11 went through on documents 1027 through 1040 12 A. Oh there are numerous I say numerous 13 Had Hamilton -- 14 Q. Let's go back to the 60s time frame 15 Do you know any of the competitors regionally or 16 nationally at that time for the joint compounds and a 17 textures 18 A. not know them I know of them 19 Q. Okay And who would those have been A. Hamilton was big player Oh man I'm 20 think of the 21 drawing a blank now I am trying to 22 company that bought Westco 23 Q. I take it Georgia Pacific made some since 323 they -- 323 A. Yes NN ees PETS elena TNS Page 165 [f 123 Houston where you made the vermiculite or cleaned 123 up 123 A. Trilite 4 Q. Trilite The Trilite plant The S vermiculite that was then used for your joint told us about Do you 6 compounds textures you 7 have any recollection of who any of the other 8 purchasers of your -- of your vermiculite would I -- 9 have been 10 A. No and think I mentioned I think I 11 mentioned that earlier I had no idea who that 12 would have been 13 Q. Okay 14 A. And maybe it was an assumption on my part 15 I know that that material was supplied to Paco I 16 had not seen any documentation that -- that said it was also sold to duh duh duh 1178 sdpuechifiBcuatlliyn the normal business I think it -- it 19 could have happened but again I'm only aware 20 specifically of it going from Trilite to Paco 21 Q. Do you know whether or not Trilite would 22 have distributed the vermiculite to other companies 23 that were making the similar product lines that 24 Moore was using it for that is josiunptplying it to compounds and textures or were they 42 Pages 162 to 165 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 11d6-8c1c00045a4bdea Page 156 1 12 markets that were totally unrelated to your 2 compounds compounds and 3 4 5 6.5 7 Objection 3 A. don't MR. MR Objection form A. A. don't know that By Mr. Coon You just really don't 6.1 Q. purchasers really don't 7 any clue who the purchasers 8 8 9 10 1 (2 13 14 15 16 17 18 19 20 21 22 A, A. Do MR. HAZEN Objection Objection By Mr. Coon Nor what their were Q. Q. Objection MR, HAZEN Objection A. A. It would speculation Now Giffins Giffins next Q. By Mr. Okay Now later next Document Document 1086. This is a years 16 are handwritten notes 17 This November November of '77 here and it's typed November November 2 here 18 and it lists long number 19 of product product invoice invoice Paint Company 20 stencilled product lines also Kelly know what would have on the margin margin Do 21 document would A. generated generated number number First of all do want want Bates 23. 24 24 It's HAZEN Please 25 A. It's KM BB 4836 Page 168 . Fis b this something they did Page 1 Q, Okay. And was something And 2 what, Okay something something 4 what , weekly weekly And Monthly this : 3 Monthly Quarterly Quarterly ? week. Other 4 A. A. don't depends the situation situation on 5 Some stores today today order 6 stores stores order sales volume . week week just depends 7 the that of calls, or 8 Q. Could stores get that resupplying resupplying making phone 9 supplies supplies or was there a written procedure procedure making 10 to followed followed followed all time protocol protocol that 10 needed only way could explain 11 itto A. Thewhoantla y thm e familiar familiar could could explain explain the 12 to you 1985 1985 think have have the 13 been been with the company companywcoampayny it's done today think what 14 it's the we the long and that is when 15 it's for a 16 stores 17 documentation documentation documentation know ~ 19 Q. Do you 20 A. They- They- something that says, 21 Q. I'm sorry to provide 22 this A. They have have made an effort what you want if Kelly-Moore 23 Q. if Kelly Moore made effort effort 24 at Q. headquarters headquarters tracking how much each store 25 was headquarters Page 167 I 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 This order form you Q. By Mr. Mr. Coon And forms work work Coon) And how would these order A. This you go back that brochure brochure earlier where form If said branch branch sales branch branch earlier where it said Okay Okay branch -- A. this would have would have have store and it Store Number Number 6135 or whatever whatever is and was a how they have ordered ordered their products products . was Okay When contractor came would they fill of the sales reps out form with store the the reps in the store or this frofm rtohmethsteorsetore to the A. your factory factory -- this this Now store appears aphpaevaers placed the -- order form that that the store would Okay Okay with factory factory that the store Q. was low supplies if certain would out requisition requisition requisition certain product product product lines they Kelly Moore's Moore's manufacturing requisition form sefacinlitieds andbsaacky tshhipey more of this stuff manufacturing faciliftiaecs ilities and say ship Yes stuff us more of this stuff? Page 169 ff that J} they were selling what they were were not Page 2 and overall overall volume they were 3 A. have records records business indicate that we 4 know what shipped shipped of indicate indicate 5 To each shipped No. In in total in given time in in a 67 given month much of this went time in 50 much of But the to to the -- the the location out much 8 information not not 9 recently recently type of information 10 readily available had had 11 So for instance instance Houston Houston had in in did you have Houston Houston back 12. how many stores 13 70s ? 14 What part Early ? 15 Just -- sure Early . area 16 Two or three . in \7 Okay So you you had three stores in volumes of them may doing doing different volumes Houston business business one volumes one area business business may doing doing more ? 20 Conceivably another for whatever reasons correct seling 21 Would Conceivably tracking tracking the information Kelly Moore any of tracking determine Store determining determining try to try to determine Store Number selling selling say 100 100 bags joint month but but 25 joint joint dry -- joint compound month NELL 861-0203 861-0203 861-0203 INC. (713) 861-0203 Pages 166 169 to 169) 11d6-8c1c 00045a4t _aememant Page 170 Store Number 2 is only selling two bags and try to 12 determine why it is that one store selling much more of a particular product than another MR HAZEN Objection form A. Well it's two questions One being back 5 in the early 70s around that time everything was all manual so if a -- you wanted to know what a store was selling you'd have to go through the 9 invoices and keep track and go back and sort something out The second part of your question I think was applying to the geographic area A lot of that had to do with customer preference and you could have different customer preferences within the same city just geographically So -- Q. By Mr. Coon The bags that we looked at here would they pretty much look like that through the years or were there a lot of changes to the. m for some reason or another A. The ones that I've seen basically the primary design was pretty consistent There may have been some color changes or something or maybe a print size change or whatever but -- . Q. Could anyone else order any of these products other than the local store Page 172 & been able to sell to non Moore stores in the geographic area that was allowed Anytime you had a Moore store within a certain geographic area 3 it was all through a Moore paint store Q. Okay They kind of had a -- a zone around 5 each of them that you couldn't sell to the -- the 7 public without going through the retail store A. It wasn't the intention of the company to 9 sell other than through its own stores to begin with Q. A. Q. A. Do you know what their typical radius was I can't answer that 20 miles or 50 miles or -I can't answer that The only thing I can tell you would be my speculation Q. How would -- you said Mr. Freeman Mr. Freeman was one of the sales reps A. Mr. Freeman was the gentleman who opened the plant in Tulsa in 1969 and then subsequently moved the plant to Broken Arrow in 1975 and then subsequently bought the business in 1978 Q. Okay Do you know whether or not there were any field salesmen in any of the geographic areas that went out to either commercial prospects business prospects whether it was a company that Page 171 You mean outside of the company Yes sir Outside of the store employee 12345 Q. Yes sir No. . Was that tightly regulated Well if it's anything like it is today Q. 9 yes Q. Okay Do you know how it was in the 60s or 70s A. As ; say we pretty well operate today the we did then as far as processing of the orders way and there's -- it's pretty definite on how these things are placed Q. Okay And to your knowledge there were no distributors that would have allowed these lines to have gone out to the open market product local retail without going through a Moore store As A. As indicated earlier the company's objective from day one was to market through its own stores and to sell its own products through its own stores Paco was sold through the Moore stores At one point like Mr. Freeman he may have Page 173 6 did a lot of drywall work whether or not it would have been another mom store out in the woods that was not competitive to the local Moore store any other places where they could try to sell the product and improve their market share . MR HAZEN Objection form A. The the salesmen from whom Q. By Mr. Coon Moore A. From Moore store 10 10 Q. From Moore store or from the 12 corporation Moore A. Okay The way -- the way it functions is Store A. Out of Store A you could have you've got than one one sales rep or you could have more 15 depending on the sales volume of that store That 17 sales rep basically -- all -- went out and called on painting contractors He could call on the owner of to this building to try get that person to utilize the paint product or any of our products in that - building He got compensated on commission based on what he sold to the painting contractor or actually what he sold The company's directive was not to sell people 12 3 other than those that were serviced through the 44 Pages 170 to 173 ~ NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 00045a4bdea7 a Page 176 : Page 174 benefitted 1 Kelly Moore paint was not So, So the normal organization not 2 encouraged sales organization organization organization was 3 structured structured structured encouraged any way go 4 4 and look look for mom and pop dealer , 5 5 the product through and pop be difficult you have understand understand our our 4 .A well And would not our commission commission 4 schedule schedule And benefitted anyway because because the 8 8 8 to that 9 schedI ule scheddule osnt'rtucktnowukrneodw that answers question question 10 I 11 12 13. 14 15 16 7 18 19 90 41 22 23 24 25 commission 11 Q. That would mean wouldn't wouldn't get get a somebody Q. sale sale he had seller wholesale wholesale 13 14 else wouldn't wouldn't get A. A. For him MR HAZEN Objection competitively to sell sell it mom mom and -- somebody A. resell resell it for him make somebody somebody that's going have have sell income income on that he'd them would make make almost 21 to impossible them impossible for price resell resell impossible impossible fsouprpliethresm Okay What about the industrial industrial By You were telling telling there are contacts with commercial user Could they they in meet meet commercial commercial heavy user commercial user, know, or will Page j He puts it on these buildings, you typically + jt He He puts will on these buildings know or 3 it house customer Mr. Coon Would his 4. By Coon Would typically typically go a 5 Kelly Moarro angementrarre angement have preferred customer customer 6 buying arrangement the A. No the arangement with them and 4 buy from contractor contractor contractor contractor would go for being 4 8 the and 9 they Right And from store 10 typically contractor contractor on scheduled scheduled discount 10 11 A. BRaigshetd were volume -- correct price 12 Q. 13 A. were 14 schedules schedules Okay you're different different price talking about your 15 Okay Now 16 mcoo ntractor m contractor I want to contractor contractor drywall 17 18 A. 20 thing Okay we're on the same 21 Q. Okay Okay want to make sure 22 just 23 wavelength wavelength 24 Q. Sure You the the regrueglulaarrpaipntinag ipainnttinginogne or two 25 contractor You got regular Page 175 1 through through local store sell to them and not go 2 A. I wantambaoukteindustrial industrial understand what 3 you're talking talking 4 terminology terminology industrial industrial and because mayre 5 different of industrial and maybe yours 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 Q. may have different connotation . commercial may A. Yes connotation. Q. But say have have construction construction construction company thatsubcod ntractoro s ae ndstons drywall work their subcontractors may drywall motivation motivation product they may wholesale economic economic product subcontractors subcontractors either themselves for their subcontractors subcontractors Could Kelly Moore go them subcontractors and have as 4 shipped directly them bulk shipped to them bulk ? in bulk and have even it A. you HAZEN HAZEN Objection Objection could you explain scenario least from my clarification we need make sure clarification -- information make make sure not not at giving you -- information here sure Lam not There There basically information what we basically types customers You what contractor contractor basic guy buys painting architectural product He's You have what we buys architectural architectural the basic guy who buys the architectural product. Page 177 1 guys that they work of of a car or out of a Page 2 and they painting painting commercial commercial. 3 Then you'll what's called 4 These will have what's large called commercial commercial into doing shopping crew They're They're 5 primarily shopping this centers They're They're into 6 doing rises the regular painting different different 7 customer customer that 8 Sure Sure who -- Then the industrial industrial the customer who 9 construction or runs machinery who oT 10 has construction deal with machinery machinery or type of deal We don't the 11 deal with the commercial commercial the 12 industrials painting build 13 painting contractor commercials commercials commercials those those 44 With respect respect say maybe they build did large volume like maybe of build 15 there is huge huge volume where 16 shopping huge huge need the joint joint joint compounds sheetrock sheetrock Kelly Moore 17 ever compounds floats and textures would Moore the service them directly instead going going through 20 local stores ? 21 Would they them going going going through the they ever service them credits but local store terms terms giving giving them sites? Now making shipments directly job sites ? credits was going going going to 25 Now that may because because TE Pages 174 174 to VW NELL 861-0203 861-0203 861-0203 INC. (713) 861-0203 11d6-8c1c 00045 _ ea Page 178 come back and correct this All sales go through 3 the store The store is the base for the sales transaction because again that sales rep who works out of Store A he gets compensated by the sales that go through that store ; If the factory were to by chance -- let's say 9 that sales rep had a big order and it was five pallets of paint just in theory and it was a -- at a job site that was close to the factory He could arrange for the factory to deliver those five pallets of paint to the job site but all that billing goes through the store and the dealing with the customers through the store Q. Okay right Now I want to understand this type of invoice Would this be a _ comprehensive invoice or does this just deal with the -- looks like this sheet just deals with the Paco lines A. I believe so Yes Q. And then there is a Page 2 which is BB 4837. What is that one ; A. It's Paco It's listing some of the other products like the asbestos wall texture Q. Why would -- I'm sorry why would this form be different than this one Page 180 & were your store items and then you had what I 3 understood to be sundries being the other things . you bought from other vendors like paint brushes -- A. huh S Q. --rollers and stuff like that But when look at this list I see like Paco Quik Fast Paco Quik Slow and it lists the volume and the 10 pound bags These are on the sundries list but I understood these to be things that were not 10 sundries because they were internal products A. Okay It's good point Going back 11 everything in the store that was sold through a store would have a preprinted sheet like this So you would have a preprinted sheet for the paint 14 You would have a preprinted sheet for the Paco You would have a preprinted sheet for all the sundries 16 the brushes rollers sandpaper and all that 16 The store would take this and this is -- make 18 an order off of these sheets Q. Okay 20 A. By terminology Moore today in thinking of terms of today everything we make is our own manufacture Anything that we don't make is sundries I have no idea of what the date of this 1424 is here but this is showing on the sundry form and Page 179 A. Well I think it's the same It's just that we don't have a copy of everything So somebody got shortchanged Q. Okay A. That's what it looks like Got 12375 shortchanged Yes somebody covered -- this has been covered here Just somebody wrote on that to give you that breakdown Q. Okay Similar -- is this a later form later dated form one used at a different time A. This says Arvada which was our store in Colorado this says sundries so this was a sundry order form We don't - we didn't -- this was considered a sundry Q. Okay A. Let me see if any of these items are on this page Q. That's why am wondering If you look here on the sundries this is part of the sundries here this is all preform right A. Right Q. And I had understood your testimony earlier to be that you had your Moore product lines which would have been your Moore paints your Paco stuff things that you guys owned Page 181 : it could have because it's not a paint item but 12 generally sundries would be stuff that we did not manufacture So that's a little confusing Q. Okay So to clarify would the Paco products normally be something that should be put on sundries the line or should they have normally gone on this other kind of form A. They were probably classified as a sundry 9 because it was only a small part of the business 10 very small part of the business we didn't -- I mean 10 we were primarily a paint house Q. Okay : 1415 A. Paco was just a small entity Q. The other line of questions that I had for you earlier that you didn't have a lot of information on Mr. Giffins concerned the actual information that you may have regarding the 16 production and sale of drywall materials Remember I asked you something about that before if you knew 18 actually anything about the volume of business or 21 the total amount of product that was sold And I 2025 found what's -- this is KMX 2085 it's our Document 1099 MR COON And counsel that's 2085 sequential through 2102 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 46 Pages 178 to 181 36766920-761c 00045a4bdea7 Page 182 1 2 3 4 5 61 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR HAZEN Thank you Q. By Mr. Coon But if you look at that it appears to be some house documents at Moore that identify various locations and over the different calendar years the total volume of different types of product sales Have you seen that document before sir A. don't think I have seen this page I don't think I have seen this before I really don't recall It -- if it came out of the repository I probably have seen it but I really don't recall it Q. Okay As understand reading this what we would do is we would look at -- for instance this is the Richmond California facility Was that the Paco facility A. Yes Q. Okay And if we look at the 60 through 64 here they don't have much information here in the early years with respect to the production numbers correct just sales volume A. It appears that way Q. Okay Then if we go to the next page we have San Carlos California and picks up that next year '64 and would this be as a result of the facility moving from Richmond to San Carlos Page 183 12345 A. It would be my assumption that it was 12345 yes 12345 Q. Yeah I think even here comments I 12345 think it says facility was moved from Richmond so I 12345 think that explains it And it starts giving us 6 better numbers with respect to the volume of 7 employees and things like that correct But we 8 still have information on the total number of 9 purchase of pounds of product until '67 right 10 A. Appears so 11 Q. If we look at the -- at the fourth column 12 '67 we now are getting information not only on 13 the amount of sales and the number of employees 14 number of people in production but as we get close 15 to the bottom we actually have a total production 16 in tons of the product as well as total amount of 17 asbestos purchases in tons for the product correct 18 A. Correct 19 Q. So if we look at '67 for the San Carlos 20 California facility for the Paco product we can see 21 that there was 9927 tons of product made according 22 this Is that correct 23 A. Appears to be correct 24 Q. And of that there would have been 585 tons of asbestos purchased for that product line Page 184 | 123 A. About six percent of the total tonnage was : 123 in asbestos yes i Es 123 Q. All right 4 A. That's about consistent : ' S Q. was going to ask you that If you look B 6 at 585 being close to 600 and 9927 being close to 7 10,000 we're looking at about 6 percent by weight 7 8 being the asbestos to the total production q ; 9 A. Correct 10 Q. And it's -1 we haven't discussed this but i q 11 generally the Paco product lines that contained 12 asbestos were typically between five and eight or : 13 nine percent asbestos were they not 14 MR HAZEN Objection objection : Fi 15 form 16 A. No. It was around six percent is the i : 17 number that recall I 18 Q. By Mr. Coon Pretty consistent six with 4 H 19 all of them i 20 A. If you look at averaging it out the : 6 21 average is around percent 4 22 Q. Okay 322 A. In the beginning ; i 322 Q. Okay And we will talk about that i 25 A. Again I want to go back to that '64 4 Page 185 ; 1 time frame in the early days because that's when 2 those numbers occurred But in 1972 -- 3 Q. Right 4 A. --we --we started to change the products and S that changed that whole balance dramatically 6 Q. Sure And we will talk about that So 7 we look at '68 we have 11,500 tons and a ton is 8 2,000 pounds right 9 A. huh 10 Q. So if we multiplied this number by 2,000 11 it will tell us the total amount of pounds bought 12 A. Correct ; _ 13 Q. And again in '68 for the purchase of 14 asbestos there was 844 tons of asbestos bought for : 15 _ that facility that year 16 A. Correct 17 Q. And again it looks like that's still 18 running about six percent 19 A. It's a little bit over six but yeah 20 Q. Six or seven percent 21 A. Right 22 Q. And we go to '69 through '73 and again 23 can look at the numbers We have 11,000 tons 24 and 844 tons of asbestos for '69 correct 25 A. Correct NELL MCCALLUM & ASSOCIATES INC 713 861-0203 47 Pages 182 to 185 36766920-761c 00045a4b Page 186 12 Q. 12,000 tons of product using 654 tons of 12 asbestos '70 3 A. Correct 4 Q. That's actually maybe just under six 5 percent total weight would it not be 6 A. Yes Appears to be 7 Q. And we have 14,000 plus tons of 8 product and 953 tons of asbestos correct 9 A. There was a little bit of a tip there 10 Q. Right 11 A. It was an increase 12 Q. And so in that year the percentage of 13 asbestos in the products actually went up to 14 probably closer to 7 or 8 percent it appears 15 correct 16 A. Yes According to those numbers yes 17 Q. Okay And then in '72 you have 11,000 18 tons of product made and again when we're talking 19 product this is all the Paco products correct ~~ 20 A. Correct 21 Q. We had 11,000 tons of Paco made at the San 2223 Carlos facility with 534 tons of asbestos so we're 2223 down to about five percent again correct 2223 A. huh 25 Q. And then in '73 we have almost 9,000 tons Page 188 & 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 others had no asbestos the total amount of asbestos you bought would go down A. Should be going down Plus some of the had -- were reformulated to contain other products , less asbestos Q. So as we look through the 70s we see two different dynamics One is some of your don't have asbestos in them so the total products of asbestos you buy would go down from amount , that correct A. Correct which Q. And you also reduced the amount of asbestos in some of our your other products would be another reason the number would go down some A. That's correct Q. And if we look through '74 through 77 again we have about 9,000 tons of product in '74 with 245 tons of asbestos correct A. huh Q. Next year 7700 tons to 235 tons of asbestos correct A. Correct Q. And then '76 55 almost 5600 tons of product with 130 tons of asbestos And then in Page 187 12 of product with 442 tons of asbestos being used for 2 the product 3 A. Correct 4 Q. Again right about five percent 5 A. Five percent But the -- obviously the 6 amount of tonnage of asbestos is declining in 7 relationship to the amount of tonnage of production 8 Q. Okay It actually -- yeah it actually 9 looked like it was about six percent for several 10 times and around '71 it actually went up and then 11 '72 went down again a little bit 12 A. Yeah That's because in '72 wait a 13 minute '73 I believe is when we came out with . -- 14 all asbestos product 15 16 Q. Okay A. -- which was one of our better selling 1178 proQd.uctBsut you had some products starting in the 19 early 70s that did not have asbestos in ptuhrecmhassoes in 20 therefore the total amount of asbestos 21 -- in any given year would not have been that same 22 six or seven percent as it had been 1222 A. That's logical yeah 1222 Q. Some of the products would have still had the same amount of asbestos in them but since some Page 189 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 '77 we have about 5450 tons of product made with about 181 tons of asbestos A. And then at this rate we're talking about half percent Q. Right A. So of the total Q. So half percent weight of your products made at that facility by 1976 and were asbestos A. Correct Q. And that was because -- A. Roughly if you're going by these numbers Q. Because some products had no asbestos in it and some still had four or five percent A. Indicating Q. And then in 1978 1978 we don't have numbers off of this Do you know why A. Because we stopped making asbestos products with asbestos Q. the San Carlos California facility A. In 1977 Q. Okay So the last youumnaddeer the Paco name at containing products the San Carlos facility was in '77 A. Throughout the company NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 11d6-8c1c 00045a4bdea7 eats Page 190 123 Q. Okay Well we will also ask you about 123 the other facilities 123 Over these years -- let's back up real quick 4 For '60 through '66 where we do not have numbers of __ 5 6 } 7 8 9 10 11 12 13 14 15 16 17 total volume or the number of tons of asbestos bought do you have any reason to believe that the ratio of asbestos to total tonnage would have been much different than it was in the late 60s A. It would be speculation on my part -- really don't know I had - I don't know what - know I can't tell you what was sir you Q. Okay You don't have any reason today to believe that there was significantly less or significantly greater percentage of asbestos of the product in the early years from '60 to '66 as there was from '67 to the early 70s do you MR HAZEN Objection form 18 A. really don't know honestly 19 Q. By Mr. Coon Okay 20 A. really don't know 21 Q. Okay Well Mr. Griffins -- 22 A. At that time asbestos was used in all 222 drywall products -- 222 Q. Right 25 A. not just with ours so I have no idea Page 192 i 12 didn't have the information 12 Q. Okay But in all fairness sitting here 3 today we know that for those first six years even 4 though there is no numbers here we know that they 5 bought asbestos in five or six percent ratio to 6 the total amount of their tonnage of product 7 A. Only -- am not going -- I can't comment 8 on the percentage on the balance sir I really _ 9 can't I don't know 10 Asbestos was the prime product used in all 11 drywall products at that time so there had to be 12 some purchasing of it would be my assumption 13 Although it doesn't indicate it here I don't doubt 14 that they didn't have the records up As far as I cannot speculate on that I cannot 15 percentage that we had sales and 16 Q. Okay But we know 17 we know where we had product made we just don't 18 know from a lack of records how many tons of product 19 were made nor how many tons of asbestos was bought 20 to make the product 21 A. That's apparent on this yes 22 Q. Okay But we -- I thought we did have an 23 understanding that the products through those early 24 contained five to six percent asbestos by years 25 weight Page 191 12 of the composition in the earlier years sir 12 Q. Okay But you do agree that the products 3 that were made at Paco from '60 to '66 had asbestos 4 them 5 A. From 60 to '66 had asbestos at an average 6 a weighted average of about five percent of the 7 total material total package was about five 8 percent 9 Q. Sure So even though we don't see 10 asbestos being bought from '60 to '66 is just 11 because they have NA which they did not have 12 available information 13 A. Somebody didn't have the records for 14 whatever reason 15 Q. Right Didn't mean they didn't buy 16 asbestos just meant they didn't have any 17 information available in the early years to go back 18 and determine how much asbestos they actually bought 19 for the Paco lines in the first six years 20 MR HAZEN Objection form 21 Q. By Mr. Coon And that's what it 22 indicates right 323 A. Well -- 323 Q. Where it says not available 323 A. If it says not available it means they Page 193 MR HAZEN Objection form 2 A. know what it contained basically from 3 about the -- the 70s and the late 60s based on 4 some of the information we have What happened 5 here when you get into the early 60s well this 6 was when we bought the Paco thing as you can see 7 they obviously didn't keep very good records but 8 the point is I have no idea what was involved in 9 it sir 10 Q. By Mr. Coon Okay a A. No idea 12 Q. Well and I guess here is what I am trying 13 to find out Mr. Giffins is as the corporate 14 representative today am here to try to find out | 15 what we can about the product lines that had 16 asbestos and how much asbestos was in them I the dilemma I have is that we know that the- -- 17 guess made that had 18 the main lines that Moore 19 asbestos in them were the Paco product lines 20 correct 21 A. They were the only ones 22 Q. And we know that that happened from 1960 23 when they bought the Paco facility all the way 322 through the later 70s correct 25 A. Correct ES eee 49 Pages 190 to 193 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c3676920-761c 1d6-8c1 00045a4bc Page 194 123 Q. And what I am trying to find out for my 123 information and my clients is whether or not there 123 was asbestos in the Paco products in 1960 '61 4 '62 '63 '64 '65 and '66 and I was of the 5 impression that it was but you're not telling me 6 _ that it was 7 A. am looking at this You and I both 8 agree this says NA not available 9 Q. Right 10 A. think I did say sir that at that time 11 all drywall products primarily were made with some 12 amount of asbestos 13 Q. Okay Let me -- fold One when you 14 say all drywalls you're talking about products 15 Moore made -- 16 A. The industry 17 Q. --- and everybody else made 18 A. Correct 19 Q. Everybody's drywall product had asbestos 20 in to the best of your knowledge 22222 A. Yes 22222 Q. And to the best of your knowledge 22222 Moore being in that industry theirs had 22222 asbestos in it too 22222 A. have to assume it did Page 196 12 Q. Okay Mr. Giffins in the four or five 12 other depositions that you have given since you have 3 been brought in to be a spokesperson for Moore 4 on these issues have the other attorneys in these 5 cases asked you about the composition of asbestos in _ 6 these products in the '60 to '66 time frame 7 - MR HAZEN Objection form 8 A. No I don't think I can say that they 9 asked as much about the composition of the product 10 am chemist I didn't structure the material 11 12 __ 13 14 15 -- have seen the batch tickets I understand a little bit of the raw material implications but I don't recall on the other -- I'd have to go back and review them but I don't know if there has been as much emphasis put on the earlier days here as far 16 as the composition sir 17 Q. By Mr. Coon So as we sit here today 18 we know that asbestos was in the -- all the product 19 -- Paco product lines from '60 to '66 but we just 20 don't know if the composition of asbestos in them 21 was more or less than it was in the later 60s 22 A. am assuming asbestos was part of it and 222 have no idea of the balance 222 Q. Okay Could have been more could have 25 been less Page 195 123 Q. Okay And you believe that percentage of . 123 weight of asbestos in the products to be five or six 123 percent 4 A. can't say that I have no idea what it S was in these earlier days sir 6 Q. Okay What would be a way for us to -- or 7 who would we talk to to get a better - a chance of 8 a better understanding of the amount of asbestos 9 that was in use in the Paco product lines in the 10 first five or six years that Moore owned it 11 , MR HAZEN Objection form 12 A. Well first of all all the records are at 13 the repository It's open for anybody to go in 14 there Most everybody has gone through it and _ 15 there are production batch tickets in there and so 16 forth so I would think that if somebody is 17 interested in that they can you know make a trip 18 to the repository -- 19 Q. By Mr. Coon Okay 20 A. - with all the records 322222 Q. Okay Have they -- 322222 A. I can't tell you what that -- 322222 Q. Sure 322222 A. -- percentage is if those records are 322222 there Page 197 fi . -23456 A. Sure could -23456 Q. Now with respect to where the asbestos -23456 came from when we look at this you know 600 tons -23456 700 800 900 tons of asbestos - -23456 - A. Excuse me -23456 Q. lot product so - 7 MR HAZEN Objection form 8 MR NANTZ Objection form 9 Q. By Mr. Coon Well that's more than a 10 dump truckload isn't it 11 MR HAZEN Objection form 12 A. Yeah But you're still looking at only 13 from anywhere from nothing to half to 14 maybe five percent of the total mix of the product 15 Q. By Mr. Coon Okay Well sure And if 16 we look here when we talk about 1,00 11,000 tons of 17 product that's a lot of product too right 18 A. huh 19 MR HAZEN Objection 20 MR NANTZ Objection form 21 Q. By Mr. Coon We're talking about you 22 would have to multiply that number by two and put 23 three more zeros behind it so we're talking about 24 22 million pounds of product right A. Possibly yes NELL MCCALLUM & ASSOCIATES INC 713 861-0203 50 Pages 194 to 197 36766920-761c 00045a4bdea7 Page 198 1 Q. Well I mean if you just take that number 2 and multiply it times 2,000 that's about how much 2 product Paco product they made that year 4 5 6. 7 8 9 10 11 12 13 14 A. Okay Q. And you call -- is that a lot of product to you A lot anything to you just by weight something that's 22 million pounds MR HAZEN Objection form MR NANTZ Objection form A. Well it's kind of hard It just depends on I guess what part of -- perspective you're trying to put in When look at our plants that California makes 10 million gallons a year and if you equate that to pounds I think it would far 15 exceed this - 16 The Paco part of the business was a very 17 was a small part of the total business Now if you 18 look at this poundage in relationship to this it 19 seems like lot Okay But in the scheme of 20 things this was a very very small part of our 21 business 22 Q. By Mr. Coon Okay With respect to the 23 --- let's take '69 here for example The 844 tons 24 of asbestos that would have been about 25 half million pounds of asbestos Page 200 ^' 1 years 2 A. I do 3 MR NANTZ Objection form 4 Q. By Mr. Coon And who were they sir 5 A. Carey Canadian out of Canada Union 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Carbide and Manville Q. Were they the three predominant suppliers i over the '60 through late 70s time frame 4: MR NANTZ Objection form : A. From what I have seen of records they i were the only suppliers ; Q. By Mr. Coon Okay In any given year did Moore deal with all three of those : companies or was that a year contract MR NANTZ Objection form - q Q. By Mr. Coon Or did it vary on -- over f the time frames over the years A. You know in looking at the -- in looking : : at the spread out I think there were some years where there may some -- asbestos was bought from a all three but the varying degree certain ones were ; 4 i larger suppliers to the company than others Q. Okay Was there a particular reason that asbestos was bought from those three companies Was there pricing issue or a quality of the ; & Page 199 1 A. You're talking -- right here the 844 2 Q. Yes sir 3 A. Okay a 4 Q. Been little over a million and a half I 5 pounds think actually about 1.7 close to 1.7 6 million pounds 7 A. I'll trust your calculation 8 Q. I'm not the best at math but that's 9 ballpark Where would that kind of load of asbestos 10 come from 11 MR NANTZ Object to form 12 Q. By Mr. Coon How would it get shipped to 13 you guys I mean this is obviously not enough - 14 the volume is such you can't go pick it up in your 15 pickup truck right 16 A. Huh 17 Q. Okay 18 A. No. 19 Q. How was this stuff supplied Was it -- 20 A. lot of -- railcars 21 Q. -- 18 wheelers or A 12223 A. lot of it came in railcars and then some tractor 12223 of -- I believe was delivered by 12223 Q. And do you know who the suppliers of the 25 asbestos were for the Paco product lines over these em PTS a aT Ee BIT Tbe ORE LA TOIT SS Page 201 i 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 , fiber or the fiber composition or what If you : know A. No I really don't I can only -- can a only assume so 1 -- I would have to say I don't know Q. Do you know anything about the different : fiber types of asbestos You hear anything about i the different fiber types r A. Vaguely familiar yes : Q. Do you know the differences between the i amphiboles and the serpentine fibers A. VWhaagtu'eslyyour understanding of those | Q. 4 differences * i A. Serpentine is what -- basically is what asbestos came from is what we used 4 the Chrysotile : in all of our products i That was the next line of questions if Q. of ; had an understanding of the principal types yasobuestos fibers that you bought You believe to : be Chrysotile A. That's all we bought Q. Was there a particular reason that for your products the Chrysotile was a preferred fiber type MINT Tene ERLE NT AERIE TS ey Sa EN aa Satan 5 : i } fe iB wo eet 51 Pages 198 to 201 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 00045a4bde Page 202 123 123 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I think it had to do with the -- with the a length It was little bit shorter little bit finer than some of the others and therefore worked well in the drywall products Q. Next we go to under the same chart - counsel we're up to about pages 2089 of it -- the Ontario California facility Did that one ever make any of the Paco lines A. Yes Q. The chart starts '68 Is that the first year that they started making it at the Ontario facility A. Do you have that letter again Q. Yes sir A. can tell you Q. I think this says '68 on Mr. Merrill's letter A. am trying to find it on here Q. It's the bottom of the first page A. Here it is first page second par -- third paragraph from the bottom In '68 they added the drywall material to Ontario and then they shut it down in '75 Q. Okay Now the Ontario facility was that already an operating facility of Moore before Page 204 1 joint compounds and it -- I don't know what that 2 means -- as fillers it does show numbers here but 3 they weren't carried down 4 Q. Okay Do you know whether or not that is 5 all that was manufactured at that facility with 6 respect to Paco lines were the ready joint 7 compounds 8 A. I don't know sir 9 Q. Okay Because the ones under it was 10 production tons of the dry powder - 11 A. Dry powder 12 Q. -- products joint compounds 13 A. could have been Again I am only 14 going by this sheet 15 Q. Okay 16 A. It could have been that that was the only 17 product that they made there 18 Q. Okay So it could be that in looking at 19 1420 that number could have carried down to the 20 bottom but we just don't know if that's the only 21 product they made 22 A. That is correct 23 Q. And likewise we don't have any 24 information on the first two years with respect to 25 the quantity of asbestos used in those products Page 203 1234 they went into the drywall manufacturing there If 1234 you know was it already - I 1234 A. I don't know think that was basically 4 put in there to be part of an emphasis to be able to California S get into southern 6 Q. Okay Well let me ask -- if I read this 7 maybe this will answer it It says We added a 8 drywall manufacturing facility to our Ontario 9 California paint factory 10 A. Right 11 Q. So. 12 A. So that would imply they came after 13 Q. It would imply there was already a paint 14 factory there and they expanded to provide drywall , 15 A. I'll buy that 16 Q. Okay And that operated from '68 until 1975 : 18 A. Five 19 Q. And if we look at this chart again we 20 have unfortunately no information on the total 21 production in tons of Paco products in '68 nor the 22 amount of asbestos that was used correct 23 A. Well I don't know if that's true It 24 looks like somebody didn't carry a number down If 25 you go by this production in tons of ready Page 205 |, 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Evidently it's not showing there Q. Okay If we get to the third year '70 it shows 20 tons of asbestos purchased And again we don't have a total production in tons but we do have production of ready correct A. Of this yes The first full year is 172 Q. Right And then the next year '71 we don't have any information on any of the amounts of production of the ready or dry but we do , have 65 tons of asbestos purchased A. Oh you're talking about '71 Q. Yes sir A. Yes I'm sorry you're right Q. And for '72 again we actually have better information that shows this year in '72 they actually had the determination of how much ready was made as well as the dry powder which is 2193 tons correct A. And again -- that's correct If I look at this then I assume it was -- again I have to look and see but this tells me the same information I think it's telling you is that these are correct they didn't make the dry powder until 1975 Q. Okay So then we look in '75 we got NELL MCCALLUM & ASSOCIATES INC 713 861-0203 52 Pages 202 to 205 36766920-761c 00045a4bdea7 Page 206 12 12 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 number and then it gives us a +1 two subtotals and one total of 4100 tons of product and 126 tons of asbestos bought there A. Right Q. And for '74 and '75 it shows 129 tons 73 and 117 tons in '74 and apparently none '75 and it indicates that - it's kind of hard to determine here but it looks like that early the year they shut down the plant A. Yes And it could be that they were only making the asbestos product at that time Q. Okay A. Because that asbestos product was available by then on one of the textures Q. Right But we went from 5 or 6,000 tons of product a year down to 4,000 something in '73 and only 400 in '75 indicates it was winding down A. Yes sir Q. Okay MR HAZEN Hey Brent can we take break I'm having a coughing attack MR COON Oh yeah Sure THE VIDEOGRAPHER Going off the ~~ record at 3:17 A recess was taken 3 Page 208 : : - A. do not know sir i 25 Q. What happened in '72 ... A. Closed it down : 4 Q. Was it sold to -- the equipment sold off to anyone else or did they just shut it down 6 A. Closed the factory down and continued to 7 operate a store out of there for a while and then 8 subsequently moved from that facility and located 9 elsewhere now 10 Q. Okay And if we look at the forms there 11 which is actually on KMX KMX page 2091 we have the 12 Kirkland Washington facility identified '69 to i 13 '72 and it shows the amount of products and 14 employees and total amount of production for seventy 15 '69 through '71 but there was not any available 16 information on the amount of asbestos contained in 17 those products Is that correct 18 A. That's what it shows here 19 Q. Okay If we go to -- now on this one 20 where it says NA it's for total asbestos we 21 understand this form to be the identity of those 22 companies that says Products Containing Asbestos 23 Factory Location It's on the top of each page 22 here I think 25 A. Right Page 207 123 THE VIDEOGRAPHER Back on the 123 record The time is 3:33 123 Q. By Mr. Coon Mr. Giffins we took another 4 break I want to go back through real briefly We 5 still have a lot of information to cover but let me 6 run through some more of these documents with 7 respect to the production records 8 We have the Kirkland Washington facility next 9 and if we go back and look on Mr. Merrill's summary 10 there is some additional information about when and 11 where that facility was opened and operated 12 A. It was a short time if I recall It was 13 like three or four years If could find it on 14 here 15 Q. This chart indicates '69 to '72 16 A. That's about right because it was not 17 open for that long facility 18 Q. Okay Was this an acquired facility 19 A. Yes 20 Q. Who had it before 21 A. Oh I was afraid you were going to ask me 22 that I can't recall 222 Q. Did they make drywall compounds there 222 prior to the acquisition or was it a converted 25 facility Page 209 J Q. So am presuming that when we look at 2 this based on the title that there was asbestos in 3 the product but we just don't have any information 4 on how much S A. Our assumptions would be similar 6 Q. Okay Do you know which Paco products 7 were made at this facility 8 A. Not off the top of my head I think that 9 information is available but I don't -- I don't 10 recall off top of my head 11 Q. Okay So the next page we have Hurst 12 Texas Now this is the facility that you work at 13 A. Yes sir 14 Q. And it opened in '71 i 15 A. It was opened in -- well the plant was 16 opened officially in late '70 yes 17 Q. And we have full year production records 18 starting in '71 apparently 19 A. Evidently 20 Q. Correct 21 A. Yes according to this 22 Q. And unfortunately the first two years do 23 not show the amount of product made but it does 24 show the amount of asbestos purchased 25 A. That is correct ora EE Sra eS wae 53 Pages 206 to 209 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 11d6-8c1c 00045a4bdea- Page 210 123 Q. And for it was 678 tons and Year 2 123 827 tons 123 A. Correct 4 Q. And then in Year 3 which is 1973 we 5 actually start seeing the index reflecting the total 6 amount of product which is 17,000 17,000 plus tons and 7 the amount of asbestos which is now 400 tons 8 correct 9 A. Correct 10 Q. And '74 and '75 numbers again speak for 11 themselves correct 12 A. Yes And then this number would obviously 13 be well below five percent in 1973 if you look at 14 the tonnage 15 Q. Okay And that's again because of phasing 16 out asbestos in some products and reducing the 17 amount in others _ 18 A. That was started in '72 and the first 19 asbestos product came out in '73 and it -- and 20 could have been influencing that yes sir 21 Q. And then we carry over to '78 and the 22 record reflects in '76 13,000 plus tons of product 222 and 342 tons of asbestos in those products 222 A. That's correct 222 Q. 15,000 tons plus in '77 of product and Page 211 12 12 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 22 25 600 plus tons of asbestos correct A. Correct Q. And the last year is '78 we're down to 1884 tons of product and 23 tons of asbestos A. Correct Q. And that was due to that facility discontinuing the Paco product lines A. We in 1977 made a decision to get out of -- at that point making asbestos products So this obviously was the tail end of it Q. Okay Now did the facility '78 continue to make products that did not contain asbestos -- A. In in Hurst Q. -- '78 Yes sir A. Hurst Yes I believe they did Q. And for how long did they continue to make products there after they discontinued making containing products A. I don't recall off the top of my head but as I said earlier the -- the entire Paco thing was shut down in 1982 and I think Hurst may have been one of the last facilities that was shut down So they probably tailed more toward the end of '72 Q. '82 Page 212 ; : 12345 A. I mean '82 yes excuse me Thank you products 12345 Q. Okay So we believe the Paco : ' 12345 line reflected here would have carried forward from 12345 the late 70s on into the early 80s but they would : : 12345 have just not On they would have been asbestos a 6 then 7 A. That's correct 8 Q. So that would not have been reflected on 9 the chart because this only shows products when they 10 had asbestos i 11 A. That's correct facility 12 Q. And then we look at the ledger for Dallas : 13 this starts -- that was the '63 to '70 a 14 A. That was the year that we bought Hanna , 15 Paint yes And that would have been to : 16 Q. Hanna Paint : 17 1970 correct : 18 A. Correct 19 Q. And then you closed that facility because 4i 20 you got a new facility in Hurst 21 A. Correct 22 Q. So if we look at the years here from '63 : 23 to '70 we don't have good information on the amount 24 of product made or total production or asbestos in 9 25 those products until '67 correct t Page 213 i 123 A. That's the first time it shows any 123 asbestos that's correct A 123 Q. Yeah And so for whatever reasons there 4 was just not good information made available on the ; f 5 amount of product made or how much asbestos was ~ 6 bought until that year In '67 we see 93 tons of 7 asbestos bought for that product line 4 8 A. Again that's 40 years ago and it could : ; : 9 have been -- 10 Q. Sure : 11 A. -- records weren't readily available 12 Q. Or maybe they're there now and just still : purchased ; 13 haven't been located in the right format or : 14 whatever 15 A. Could have been Q 16 Q. You're talking '67 93 tons : 17 correct Are these also the Paco lines this Paco : : 18 product i 19 A. Yes sir : 20 Q. Then we get to '68 '69 and '70 we still 21 did not have information on the total production or 22 the amount of production but it shows the amount of : 23 tons of asbestos each of those three years being 173 respectively 22 tons 53 tons and 197 tons : " 25 A. Correct 3 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 54 Pages 210 to 213 36766920-761c 00045a4bdea 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 22 25 Page 214 .Q Okay Then we have the Denver Colorado facility This also made Paco products A. It sure did Q. Same types we have been talking about A. I -- they may not have made all of those . but they made some Paco products that is correct Q. Okay And then we go '73 through '76 with that facility What happened'76 Were they closed A. It was closed Q. And how was it this facility first opened '71 New facility or acquired facility A. It was an acquired facility if I recall Q. Did they make product containing asbestos at that facility before '71 A. don't know We bought that I believe from Professional Paints or what they called Pro Paint at the time Here in 1971 we added a drywall manufacturing facility to our Denver -- so '71 -so we had to buy this prior because it was the paint - Q. Okay A. It was prior Q. This preexisted '71 as a paint operation of Moore fk Page 216 , -23 A. Right : -23 Q. Is that correct [ -23 A. Yes i 4 Q. Okay And for those years '67 through 5 '74 the Houston office would have made the same 6 Paco product lines we have been talking about 7 A. They would have made some of them because 8 not all plants necessarily made everything 9 Q. Okay And if we look here it shows for 10 the first -- actually for all years '67 through 11 '74 there is no information on the amount of 12 production of tonnage of product 13 A. total tonnage correct 14 Q. Right Or of the amount of ready or 15 dry powder mix 16 A. Right 17 Q. It just shows the number of employees each 18 year 19 A. It does show the sales 20 Q. The sales and employees 22222 A. And get an idea of the growth of the -- 22222 Q. Okay 22222 A. From that standpoint 22222 Q. Okay And it looks like a bell curve 22222 _ started out kind of low went up peaked peakedin 1234 1234 1234 1234 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 22 25 Page 215 A. Evidently yes sir Q. And then in '71 it was expanded to include a Paco product line A. Correct Q. And that existed through apparently '76 correct A. That's what it appears to be Q. And unfortunately we have some records on the total production in tons but there was no record keeping of the amount of asbestos bought for that facility for any of the calendar years correct A. It appears that way Q. We next look at Houston Texas and this was -- is this the facility we talked about earlier the vermiculite facility A. I don't believe so I think there were two separate facilities sir plant Q. Okay So we had the vermiculite and then we had the separate facility open in Houston from '67 until '74 A. That's what this says right Q. And then it indicates that facility was closed and the Houston area got supplied from the H-urst Texas facility Page 217 f 1 the early 70s and then went back down into '74 as 2 _ they started phasing it out 3 A. Right 4 Q. And the asbestos composition we can see S it for each of the years 23 tons '67 75 tons in 6 '68 and unknown amount in '69 Again most likely 7 record keeping hi 8 A. Either that or records weren't available i 9 Q. 1970 83 tons 1971 87 tons 1982 319 4 10 tons 1973 365 tons and 1974 184 tons Correct ; 11 A. Correct [ 12 Q. And then last we have the Tulsa ! 13 Oklahoma - ; something 14 A. Excuse me can I look and see 15 minute here 3 a ; 16 Q. Yes 17 A. It's interesting On the same amount of 4 18 sales in '71 they only used 87 tons of asbestos 19 and similar sales in '72 20 Q. '72 and '73 and -- 21 A. It's interesting 22 Q. Yeah Interesting spike in the amount of 23 asbestos 122 A. Yeah 25 Q. You don't know what that was due to NELL MCCALLUM & ASSOCIATES INC 713 861-0203 55 Pages 214 to 217 36766920-761c 12 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . Page 218 A. do not sir Q. Okay If we look at the Documents 21 -this is 2100 counsel -- we're talking about the Tulsa Oklahoma facility now and this made Paco products from '69 until '74 A. '75 is when they moved to Broken Arrow Q. Okay There are some comments on the bottom about relocating to Broken Arrow in '75 A. In August of '75 Q. And I bet you if you look at the next page there it is Broken Arrow is the last one '75 through '77 A. Right Q. So that's the relocation of the Tulsa facility A. That is correct Q. And for records of '69 '70 and '71 we apparently don't have any for anything other than the sales for each year A. Evidently going by this Q. Yeah So we don't know how much product made how many Paco products made total tonnage of Paco or the asbestos purchased for those facilities correct A. Correct Page 220 | ; 123 made 123 A. You're talking about the locations A 123 themselves P 4 Q. Yes sir ; S MR HAZEN Objection form P 6 Q. By Mr. Coon Are there other facilities q 7 that made Paco products that we have not discussed 8 here 9 A. I don't believe so It appears to be all = E 10 of them 11 Q. Okay Next real briefly Mr. Giffins we 12 have the -- this is Document 1020 four pages This 13 appears to be a some sort of form instructions 14 that go with the different products Have you seen __ 15 those types of documents before 4 16 A. I don't think I have seen this one per se i 17 but -- but I know what it is It appears -- appears : 18 to be directions like on the back of a package 19 Q. Okay Were those directions that would ; 20 typically be handled -- handed out by the local _ 21 store or is that something retyped from what's on a : 22 bag or what if you know j 23 A. This is probably what was typed that went : 24 onto the bag Generally instructions are typed out : 25 and then they get printed onto the bag as to how : Page 219 12 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Q. '72 we have it only for asbestos being 235 tons '73 236 tons and '74 298 tons correct A. Correct Q. And we still don't have any information on the total amount of products for those years though do we -- a A. Not for that no they Q. -- for this And if we get to when relocated at Broken Arrow in '75 we now have better information on the production We have 2400 tons of ready 400 tons of dry powder for a total of 2800 plus tons with a hundred and seventy -- A. Eight Q. - eight tons of asbestos correct A. Appears to be Q. And in '76 we have 9700 plus tons of product on 252 tons of asbestos and in '77 we have 13,600 tons of product on 492 tons of asbestos correct 20 A. Correct 21 Q. right We have covered a lot of 22 ground there Does this appear to be a pretty 1222 comprehensive index of the facilities that made Paco 1222 products and the years that each of those 1222 _ facilities was in business and the products they Page 221 ; 1 they're supposed to go So either somebody copied _ t: 2 this off the bag or it was done the other way E 3 around Instructions were written and then they : 4 were printed onto the bag : S Q. Okay 6 A. There's some more Okay I didn't look F 7 at those : 8 Q. So this would reflect instructions on how : 9 use the Ready All Purpose Joint Compound : 10 A. It's for Taping Compound Finishing : 11 Compound Topping Compound and Joint Compound All , : 12 Purpose q 13 Q. Okay : 14 A. Now I would like to point out -- : 15 Q. Yes sir : 16 A. -- from my experience when directions are 17 put together they're put together as it relates to 18 the product Then the other things that have to be : 19 added based on government requirements or state : 20 requirements generally are added when the bags are : 21 printed So this may not -- I don't know when this : 22 __ was typed up but generally this covers what would 23 _ have been prepared regarding the product itself as 24 far as the application 25 Q. Okay Did - did Moore ever go back : : oseisis Tr PPR Ma Trg ERTTTT Sona SPI RATT PRO Te si aT ee TTY oe RGA OTT RST ES MATRA ese f NELL MCCALLUM & ASSOCIATES INC 713 861-0203 56 Pages 218 to 221 36766920-761c Page 222 Page 224 I 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 22 25 and restencil additional information on any of their bags additional logos labels anything else Anything that would have been added to the bags after they came from Saint Regis MR HAZEN Objection form A. Not that I'm aware of The only thing where stickers were added was when the OSHA requirements came out In order to comply a sticker was made up and put on the bags until the bags were printed with that on there Q. By Mr. Coon Okay A. But I am not aware that any other modification was made to the bags Q. Okay I have got another document here This is a 1018 MR HAZEN Is that your number MR COON Our number It's previously marked KM 94 by somebody Q. By Mr. Coon But can you identify that set of records there sir A. This appears to be a listing of various raw materials that were purchased from different companies and it's headed Paco Products so I'm assuming it has to relate to Paco products Q. Would it have been the different vendors 1 the raw ingredients 2 A. Yes I was just trying -- oh there they 3 are I was just trying to look further That's 4 what it appears to be 5 Q. Okay And if we looked under the pigments , 6 and fillers this was at Page 2 of the document 7 when it talks about pigments and fillers we have 8 different ingredients You have the limestone 9 ground styrene and it talks about Mica and then 10 there is two listings here 7RF02 asbestos 11 Manville and another is 7M05 asbestos 12 Manville 13 A. Right 14 Q. Do you know what those codings meant Was 15 that a quality or grading of the product 16 A. I believe and again I am not a chemist 17 I didn't -- but I believe the 7RF is what they 18 called a float and the one without the RF on it was 19 basic Chrysotile Both of these were Chrysotile 20 but this was what's called a float It's a little 21 bit different fiber Don't ask me how to explain 22 it It's processed through water from what I 23 understand 24 Q. Okay Would this have reflected that both 25 types of asbestos would have been used in the Paco Page 223 1 or suppliers of the raw ingredients that - 2 . A. the raw materials 3 Q. Of the raw materials you used to make the 4 different Paco products S A. Correct 6 MR NANTZ Objection form 7 Q. By Mr. Coon And it actually goes back 8 to think one page is even you have St. Regis g That would have been your bag supplier 10 A. I mentioned St. Regis earlier That's the 11 bag supplier that serviced San Carlos and there 12 could have been maybe somebody else different in 13 some of the other plants but St. Regis was I 14 believe the -- one of the key suppliers of San 15 Carlos 16 Q. Now the bagging processes all took place 17 at the manufacturing facility correct 18 A. Yes 19 Q. Okay You didn't ship -- you 20 ~ 21 didn't mix it all up and make the product and then ship it somewhere else to have it bagged 22 A. No it was the other way around The bags 23 were made shipped to us and we filled them 24 Q. Okay Anything else about that That's 25 just kind of a listing of the various suppliers of Page 225 12 textures or were they picked from one or the other 2 on various Paco products 3 A. I'm not sure I understand your question 4 MR HAZEN Objection form 5 Q. By Mr. Coon Okay Are the things that 6 are listed on here as ingredients -- are all these 7 ingredients what went into the Paco product or did 8 some go in some products some go into others 9 A. have to believe not all these went into 10 any one product I think since the products were 11 used for different uses for different purposes 12 that this was the total list of raw materials at 13 that time for the Paco products looks 14 Q. Okay And thisis chopped off It 15 like December of -- 16 A. '75 17 Q. '75 18 A. By the second page 19 Q. There we go December of '75 20 A. Right 21 Q. So it appears at least at this time 22 frame you told us about the three suppliers as 23 being of the raw material asbestos Manville was one 24 of them and it appears from this form that for 25 1975 at this particular facility at least during NELL MCCALLUM & ASSOCIATES INC 713 861-0203 57 Pages 222 to 225 36766920-761c Page 226 1234567 that time frame Manville was the supplier of the 1234567 asbestos for the Paco products yes 1234567 A. He's listed on there 1234567 Q. Okay 1234567 A. But what you need to understand also if 1234567 may interject these types of lists were made up 1234567 periodically throughout the year so that we always 8 had record of raw material suppliers 9 Q. Okay 10 A. So when this one was madein 12 of '75 it 11 reflected that Manville was the supplier but 12 there could have been a list that was six months 13 before that or the one that's 12 of '74 could have 14 had a different supplier 15 Q. Sure It could have been Carey Canada 16 MR NANTZ Objection to form 17 A. Could have been 18 Q. By Mr. Coon Mr. Giffins did -- I might Williams 19 have asked you this but did 20 any joint compounds or textures make 21 A. Not that I know of when I was with them 22 Q. Okay sir And that would have been from 23 ~ 60s through '85 24 A. I went to work for them in '61 and left 25 them in '85 Page 228 123 Westco yes Thank you 123 Q. Any other ones come to mind 123 A. Drawing a blank 4 Q. Okay Mr. Giffins I want to next turn -- 5 we have covered a lot of information with respect to 6 the various manufacturing facilities and the T products that Moore made that -- that had 8 asbestos in them and I realize that at some point 9 in time after OSHA came out Moore took some 10 actions with respect to their products but instead 11 of going through them ad hoc I want to go back and 12 take a separate trail with you now sir and that is 13 what I call generally the internal corporate 14 information upon what Moore did and when they 15 did it and why they did it with respect to 16 asbestos 17 And there were a number of boxes that | 18 Moore's produced to us in addition to some 19 other information that we have obtained from some 20 other sources all of which I think originated from 21 = Moore But I want to walk you through them 22 and just ask you if you have seen the documents 1223 _ before and if you know anything about them and 1223 maybe ask questions for you 25 I have tried to take most of these in Page 227 12 Q. right And in the time frame of the 12 60s this is before you went to work at 3 Moore but do you have an understanding today 4 of who the competitors were in the Paco product 5 ~ lines with Moore through the 60s and 70s 6 A. Man Any name I would give you would be 7 speculation on the - on the names that am g familiar with I am very -- you know Hamilton 9 been around for a long time In the bay area there 10 company called Westco that made material ' 11 Geez there is a lot of names that escape me at the 12 moment but to tie it into specific dates that's -- 13 or time frames that's a little tough 14 Q. Okay Have you heard of a company called 15 Proco 16 17 18 19 822222 822222 822222 ~ 822222 A. Oh sure Yeah I'm sorry Q. Would they have been a competitor A. They have been yes Q. Synkoloid A. Synkoloidis more in patching I believe Q. Georgia Pacific which I think you a_ ctually sold some rebranded stuff to correct A. Correct 822222 Q. National Gypsum are you -- U.S. Gypsum 822222 A. That's the -- that's the one that bought Page 229 fF 1 chronological order And in going through the 2 boxes when we had basically asked for information 3 concerning Moore's asbestos products and 4 internal documents concerning their discussion with S asbestos the vast majority of the documents I have 6 received or at least been able to review were .7 ~~ generated after 1972 or at least after the first of 8 the year in '72 In that regard I want to first 9 ask you about documents before '72 And you are not correct 10 employed with Moore until '85 11 A. Thatis correct 12 Q. Have you ever been involved in 13 _ assimilating information on behalf of Moore 14 responsive to the asbestos litigation 15 MR HAZEN Objection form 16 A. What do you mean assimilating 17 Q. By Mr. Coon Well -- 18 A. Actually collect -- going out and 19 collecting it 20 Q. Sure Have you ever been one of the 21 persons that was contacted by Moore at some 22 level saying can you help us get this information 23 This is what the attorneys have asked for this is 24 ~~ what somebody has asked for and we need you to try 25 to round this type of information up NELL MCCALLUM & ASSOCIATES INC 713 861-0203 58 Pages 226 to 229 36766920-761c Page 230 123 A. have not It wasn't until April of 2001 123 when I got the call and asked to get involved with 123 this the first time I was aware of all that was 4 going on and I was never involved with actually 5 going around picking up documents and putting it 61 61 7 8 9 10 together Q. And in the years prior to 2001 you had not been asked to just assimilate information not to be the corporate representative but just to assimilate information for somebody else who may be the 11 corporate representative 12 - A. Prior to April of 2001 my knowledge of 13 the as --- Paco and the asbestos issue would output 14 on the tip of pin 15 Q. Well basically you didn't go to work 16 there until a number of years until after most of 17 the Paco product lines had already been shut down 18 A. That's correct 19 Q. And so you here today to be the 20 corporate representative to discuss a lot of these 21 issues had to go back and look at historical 22 information and talk to people 222 A. Indicating 24 Q. And I think you have done that right 25 A. Oh yes sir Page 232 1 information started to come out regarding the 2 asbestos All the information from OSHA began to 3 really start to surface and all the other 4 information So materials that I was looking at 5 was related to when the company was -- got involved 6 Anything I have seen is related to around that 7 period forward 8 Q. By Mr. Coon Okay With respect to the 9 product lines we know that Moore made 10 containing products going back to I think 11 1960 correct 12 A. Correct 13 Q. From that standpoint let me ask you first 14 separate line of questions before we get into 15 documents Do you know any -- from your talks with 16 Moore representatives -- you have talked to 17 Mr. Merrill correct 18 A. have sir 19 Q. Talked to a number of the other people 20 that were there back when Were you ever able to 21 determine that Moore had done any types of 22 testing of the Paco product lines before they 23 released them into the stream of commerce 22 MR HAZEN Objection form 25 A. What do you mean by testing Page 231 1234 Q. Talked to a number of people that worked 1234 there back in the old days even before you were 1234 there and looked at a lot of these documents that 1234 Moore had in their repository S A. have gone through every box in that 6 repository and you're welcome to do it too 7 Q. How many boxes are there in the 8 repository 9 A. 88 ; 10 Q. 88 boxes 11 A. Roughly 88 12 Q. And where are these additional records 13 kept In San Carlos 14 A. At San Carlos yes sir 15 Q. Are they kept in particular room that 16 just deals with these issues or is it part of a 17 larger repository of all their information 18 A. It's in room that's partitioned off and 19 it only contains documents relevant to this issue 20 Q. Okay In your reviews of that information 21 before did you see much in terms of the 22 correspondence internal memos and letters dealing 23 __ with these issues prior to 1972 24 MR HAZEN Objection form 25 A. No because it wasn't until '72 that the Page 233 12 Q. By Mr. Coon Okay Testing with respect 12 to any potential health hazards associated with 3 asbestos in those products 4 A. We did testing of the product primarily 5 the application of the product how it went on that 6 type of deal 7 Q. Had to do with viscosity making sure it 8 adhered right making sure it didn't crack and peel 9 and chip 10 A. huh 11 Q. Just in terms of it being a product that 12 did what you said it would do 13 A. That's correct sir 14 Q. Okay With respect to potential health 15 hazards are you aware of any testing that was done 16 by Moore in the early years of their making of 17 this Paco product line as it related to any 18 potential health hazards with asbestos 19 MR HAZEN Objection form 20 A. Could you help me out and maybe give me 21 little bit idea or what kind -- I mean what do you 22 mean testing with health 23 Q. By Mr. Coon Well sure Did they do 22 anything to determine for instance in stirring up 25 the boxes or the bags of containing -- NELL MCCALLUM & ASSOCIATES INC 713 861-0203 59 Pages 230 to 233 36766920-761c Page 234 Let me back up Let's talk about just the textures A. Okay Q. And you had pounds bags of it right powder form ; A. Correct Q. And you could add water and stir it up Do you know if Moore ever did any dust testing to see how much asbestos dust or dust was released from the dumping of the bag into a bucket adding water and stirring it all up A. You have got to be talking about once it got in the user's hands It would have to -Q. any point Even -- in the plant we can talk separately about two different issues You're probably familiar with the difference between field studies versus plant studies A. Correct Q. Okay Let's talk about first the field studies Just with making the product were there any tests done at any point in time from 1960 when they made the product until -- when was it they quit The late 70s A. Making it with asbestos Q. Yes sir Page 236 : That doesn't indicate that something hadn't been 12 done Q. With respect to the asbestos in the A products and your review of the records and 12 talking to anyone about this matter do you have a feel for when it was that Moore was first aware of -- let's talk about just diseases first -was first aware of the disease of asbestosis A. The first documentation that I have seen that anything came to the table on diseases was in the spring of '72 when the Asbestos Institute sent a letter to Mr. Merrill I believe it was either Mr. Merrill or Bob Miller saying that a certain survey had been conducted and that there were some indications that exposure to dust over a long period of time could cause some health problems And that was in the spring of '72 and that's the first thing I have seen that was any indication from a medical standpoint that there was a problem with asbestos Q. Was -A. Where actually --excuse me where the diseases were mentioned sir Q. Right A. Where there was a -- Q. Do you have an understanding as to whether Page 235 A. '77 Q. '77 Okay From the 1960 to 1977 time frame was there any information you were able to determine where Moore did any testing of the 123 product in a field circumstance to determine the dust release and asbestos release in that dust A. am not aware of what they did then although I can tell you what we do today I think was basically how things were done then and that's where two -- two aspects two things happened One when the product is made it's always tested as far as the application and the performance of the product And it's always geared to the painting contractor and how that professional is going to use the product We do that today and I believe that was done back in those days Was that philosophy still applied to Paco I -- it's part of our daily operating procedure so I would assume maybe it was There were times where you would go out and take the product and go out on the job site and actually mix it so that we get a feel for that type of thing As far as tests doing a measurement of how much dust was emitted from the material I have not seen anything that says that but I don't know Page 237 or not Moore was what you call a subscriber to 12 workers compensation in Texas back in the 60s and 70s A. What do you mean subscriber Q. Did they have workers comp coverage for 9 their employees A. As far as I know we did Again it's an assumption but I mean we do now Q. Okay Any reason to believe that they did not have workers comp in your earlier days A. Not if it was a requirement no Q. Okay Well I think an employer has the option of getting workers comp for their employees You don't know one way or another if they had workers's comp A. I can't answer that Q. Do you know whether or not with respect to the California facilities whether or not the employees were covered with workers comp A. At what time period Q. In the 60s A. Well again I didn't come until '85 so from my own personal experience but I -- I don't know for a fact if it did or it didn't I do know that there is only indication of one workman's comp NELL MCCALLUM & ASSOCIATES INC 713 861-0203 60 Pages 234 to 237 36766920-761c 00045a4bdea7 Page 238 claim that came out of the San Carlos factory and that was in 1981. So -T and that person was working 3 in the plant for years prior to that Q. Okay And was going to ask you two 125 different lines of questions on that and you brought up the second line The first line was when you were aware or from -- there is probably a difference between when you were personally aware 9 versus when you believe the corporation was aware but that Texas under it's workers compensation prior to the time that Moore acquired the Paco product lines that under Texas law that you could have a recognized disease of asbestosis which was compensable under the worker's compensation statutes MR HAZEN Object Q. By Mr. Coon Do you know -- do you know when Moore would have been aware of that MR HAZEN Objection form A. No I do not Q. By Mr. Coon And the same thing with respect to California Do you know -- have any understanding of when Moore was aware that the California workers compensation statutes provided for the compensability of occupational dust disease Page 240 : record The time is 4:21 p.m. May 31st 2002 12 beginning of Tape 3 Q. By Mr. Coon Mr. Giffins I want to go 4 back to just a couple other things We have here -and unfortunately it's not even identified with a KM 12 number It's an attachment to a set of interrogatories Counsel show you as Exhibit A to the attached set but Moore had filed answers to discovery before You're familiar with interrogatories questionnaires you fill out file with the court A. Yes Q. This was an Exhibit A attachment to a set that had been filed and listed are a number of the product lines that Paco made that had asbestos and it lists the years that those products were made as well as the years asbestos was discontinued in them Have you seen that before A. I do not -- I don't recall seeing this particular sheet but I have seen something similar to this which lays out similar information but in a little bit different format Q. Okay Kind of shows you -- if we look at that it would tell us basically the composition of Page 239 like asbestosis MR HAZEN Objection form 4 A. No I don't know when that fit into workmen's comp We do all -1 we -- all of us know I believe that OSHA was promulgated back in '70 published in '71 and was about that time OSHA 9 dust controls which regulated the workplace indicated -- was coming out with Now if workmen's comp was prior to that I don't know that sir I really don't I assume it came after that as it related to that because that's when the whole thing about asbestos started to come forward Q. By Mr. Coon Okay A. So I assume it would have been after '70 THE VIDEOGRAPHER Excuse me Can we go off the record for a tape change MR COON Sure MR HAZEN Why don't we just take five THE VIDEOGRAPHER Going off the record at 4:09 A recess was taken THE VIDEOGRAPHER Back on the Page 241 asbestos over the various years from the time it was 3 fully used in the product until the time it was excluded from the product correct As well as 4 dates of manufacture and dates asbestos was 56 excluded A. shows on market and the use of when asbestos was -- the date when use of asbestos was discontinued and it does show the amount of asbestos per product line Q. Okay A. How it varied so forth right Q. Okay If we can just -- 1 tell you what I'll just draw in the bottom here that this was Exhibit A to interrogatory We will use that for purposes of identification on the attachment Okay were All right We talking about from historical context your review of Moore's archives and things what they knew about asbestos and you brought up -- we were talking about testing for asbestos dust and you brought up a worker's compensation claim and could you tell me -- A. Before we -- Q. -- little more about that A. Before we do that can I go back I want to clar -- I think I need a clarification or we do NELL MCCALLUM & ASSOCIATES INC 713 861-0203 61 Pages 238 to 241 36766920-761c 00045a4bdea Page 242 123 Q. Sure A. When you asked me about testing -- Q. Yes sir 123 A. --- for some reason I kept-- I was . responding to you in the time frame prior to OSHA which was '70 '71 Q. Right A. I thought that was what your question was 10 Q. Okay We can make it that if you need to 11 clarify it Prior to the OSHA Regulations was any testing done by Moore of the atmospheric 1214 release of asbestos on their products A. No. Q. Okay 15 A. Not that I'm aware of Q. Okay 16 A. Because there was testing done after that 17 point 19 Q. Sure A. But again from that time frame I was 22 thinking in terms that you were asking me prior to OSHA or prior to -- Q. Right 123123 A. -- the regulation Page 244 F information but in looking at it it indicated that 3 there were three occupational facilities -- three occupational injuries at that facility And then there was one looks like Item Number 22 one for dust disease to the lungs and there was one claim 6 at the facility that year as well Am I reading that correct right here in Line 22 A. says Dust diseases of the lungs one 9 number of cases involved permanent transfer one number of lost workdays one 10 Q. Do you have any idea what that related to A. No. It says Paco factory in 1974. I'm familiar with the form but I'm not familiar with 14 this particular one here Q. What would the Paco factory be since we 1920 know that there were several different Paco factories Do you know which Paco factory that was A. No. It's an OSHA form and -- but I can't -- it's no way to tell which factory it is sir Q. And it indicates that there was a claim for what's called pneumoconiosis You're aware that 21 asbestosis is a type of pneumoconiosis 13231321323 A. Yes sir Q. Just -- it is a dust disease A. Yes sir Page 243 1234 Q. We will talk about that A. Okay Q. One other note you had brought up an issue about a worker's compensation claim 1234 A. Yes sir Q. As I understood it you were aware of an employee of Moore making a claim for asbestos health problems back around '80 '81 A. The claim goes back it was filed in '81 yes Q. Okay Is that the only one that you were aware of filed prior to 1980 that dealt with an employee of a facility alleging some health related problems from working around asbestos A. A workman's comp claim Q. Yes sir A. That is the only one yes sir Q. have got -- counsel this is our Document 1145 BB 6497 -- this was a summary sheet included in our forms that talk about the Paco factories 1974. Have you seen that before A. have seen a form similar to this yes I don't know if it was this Q. Well it doesn't provide a lot of Page 245 | Q. But you do not know from this or from any other information whether or not that individual had a specific claim for an asbestosis injury or some other form of dust disease there in the plant 12 A. No. do not Q. Okay Do you know if there were any other claims by any employees prior to 1980 for an injury associated with what I'll call more generically just occupational dust disease or pneumoconiosis versus a claim for asbestosis A. am not aware of any -- the only workmen's comp information that I have seen relevant to any disease or any issue such as this was that one that was filed in 1981 Q. Okay Now with respect to things other than asbestosis you're familiar that asbestosis also causes other related problems such as lung cancer You're aware of that are you not A. Well I guess it could I see them as three different issues or two different issues Jungs cancer and asbestosis being different Q. Sure But you understand asbestos exposure to asbestos fibers can cause lung cancer A. understand that could be th"ctould happen yes NELL MCCALLUM & ASSOCIATES INC 713 861-0203 62 Pages 242 to 245 36766920-761c Page 246 I 2 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 222 222 25 Q. Okay Now with respect to lung cancer are you aware of any of your employees at Moore at any of these Paco facilities making claim for workers compensation benefits for a diagnosis of lung cancer as opposed to asbestosis MR HAZEN At any time am just _ trying to clarify Q. By Mr. Coon I'm sorry before 1980. You have told us you were aware of just this one claim in 1981 for asbestosis correct A. Right Q. And we know -A. Again it was a workman's comp claim and I'm not sure it was asbestosis but I'm aware that there was that one workman's comp claim in '81 Q. Okay I'm sorry maybe I misunderstood , Was the claim '81 for just a claim for exposure to asbestos or was it a claim for asbestosis or was it lung cancer or do you know A. No it was a claim by a gentleman by the name of Waller Lawrence who had worked in the Paco plant for sometime prior to that for payment of around -- an 806 800 of his medical bills And the prognosis the final determination that came back from the doctor was that he did not have any Page 248 i 1 that can cause mesothelioma 2 A. Well I -- to me on mesothelioma asbestos : 3 can cause -- it's a fatal disease but -- and I am E 4 no medical doctor for say : 5 Q. Sure : 6 A. And not -- but I also you understand E 7 you can get that without being exposed to 4 8 asbestosis i 9 Q. Do you have an understanding of what else F 10 can cause mesothelioma -- 1 A. No. A 12 Q. -- other asbestos fibers : 13 A. I do not f t! 14 Q. Okay Do you know whether or not you have : 15 had any employees who have been diagnosed with 16 mesothelioma ; 17 A. I not ff 18 Q. Do you know whether or not you had any 19 employees -- when I say employees I am talking q 20 about ones that worked around any of your asbestos : 21 facilities like the Paco facilities -- do you know i 22 whether or not any of them have suffered a diagnosis 4 23 of a lung cancer Hl 24 A. Again no I -- again the only thing I i 25 have ever seen is that deal from 1981 f Page 247 123 asbestos disease 2 Q. Okay So- So- and that was in 1980 or 123 '81 4 A. That was '81 sir 5 Q. And that's the first instance you're aware 6 of somebody thinking they may have some asbestos 7 related health problems from working around the 8 product at the plant g A. That's the only workmen's comp one that I 10 have seen yes sir 11 Q. Okay Are you aware of anyone prior to 12 that time having a claim for something that could be 13 more generic like lung cancer from just working at 14 the plant 15 A. No. I have not 16 Q. Are you familiar with a term called 17 mesothelioma 18 A. Yes sir 19 Q. Are you familiar that that's also another 20 highly associated cancer from working around 21 asbestos fibers 22 A. Mesothelioma can be caused by asbestos 222 but it also I believe can also be caused by other 222 things 25 Q. What's your understanding of other things Page 249 i 1 Q. Okay And post '81 is that one in '81 ; 2 the only one you have seen or was that the first 3 one you have seen 4 A. That's the only workmen's comp claim that 5 have seen ; 6 Q. Okay Who handles the workers 5 7 compensation issues at Moore Do those get 5 8 funneled through somewhere at -- in California or 9 Hurst or both or what 10 MR HAZEN Objection form 11 A. They're usually funneled -- I think they -- 12 all end up in our personnel department 13 Q. By Mr. Coon Where is that at 14 A. some point In San Carlos 15 Q. It's in San Carlos Is there a separate 16 repository where people track the injury claims from 17 people that work out at Moore 18 MR HAZEN Objection form 19 | Q. Mr. Coon Is it just a different 20 department from other departments or is it where 21 they handle all of the financial issues and -- : 22 A. Well I can't answer that because -- : 23 medical records are confidential and so therefore H 24 I don't know how they end up I do know that our 25 personnel department generally will get involved NELL MCCALLUM & ASSOCIATES INC 713 861-0203 63 Pages 246 to 249 36766920-761c 00045a4bdea Page 250 1 where we have an issue with the workmen's comp claim 2 or something but where all those records are I 3 can't tell you for a fact 4 Q. Okay All right We were talking about 5 from the historical standpoint when it was your 6 understanding that Moore first had an 7 awareness of asbestos diseases and I want to first 8 ask you you were telling us about OSHA being in the 9 early 70s the entity that created a heightened 10 awareness at Moore with respect to these 11 potential problems Is that generally what you were 12 saying 13 A. I -- that's when I think we < we started 14 to get -- being aware of it but I don't think we 15 were the only ones I think the industry as whole - 16 became more aware of asbestos in the early 70s 17 Q. Was there an organization that dealt with 18 joint compounds and textured materials Was there a 19 Drywall Manufacturers Association or something 20 A. Well there probably was 21 Q. Do you know if there still exists any such 22 type of organization 23 A. I can't really say that 24 Q. Do you know whether or not Moore was 25 member of any organizations that dealt with these Page 252 ff 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 222 222 25 called again A. The Dry -- Drywall Institute Trust Fund Q. Okay And what do you know about that organization A. That's an organization that basically what -- how do put it It was almost like a clearing house for drywall information and they provided some information to us or we got some information from them back in '82 relevant to what is starting to develop with asbestos Q. Do you know how long that organization had been in existence A. I can't answer that Q. Do you know how long Moore had been member of that organization A. I don't ever think we were a member Q. You just think you provided information from them although you were not a member A. I think we may have gotten the information because of one of raw material suppliers may have requested they send it to us or whatever but - Q. Okay A. But I don't believe we were ever a member Q. Okay I don't have some documents here Page 251 | Page 253 f 1 specific product lines they made like the drywalls 2 texturing products 3 A. have not seen anything that would 4 indicate that we were members or associated with 5 any association in the drywall industry 6 Information was available to us through various 1 that I have reason to believe are in existence I 2 - don't know if Moore has seen them but I have 3 seen them in other circumstancbeust one of your 4 raw material providers was Manville correct 5 A. Manville yes 6 Q. And you mentioned a couple others I think , 7 organizations but I don't -- haven't seen anything 8 where we were an active member of any organization 9 or there is a couple organizations from the paint 10 side that we are involved with that goes back to 11 mid late 70s There is only one or two but as a 12 whole they're the only ones I can recall ever 13 seeing 14 Q. You mentioned earlier the -- you said the 15 AI was - Asbestos InstituteI think is that the 16 Asbestos Institute of America 17 A. Oh the . 18 Q. The AIA 19 A. I'm drawing a mental blank The Asbestos 20 Institute Trust Fund I believe is the head -- is 22222 the clarification 22222 MR HAZEN Drywall 22222 A. Drywall yes excuse me I'm sorry 22222 Thank you 22222 Q. By Mr. Coon Okay Now what's that 7 Carey Canada 8 A. Carey Canadian 9 Q. And Union Carbide 10 A. That's correct 11 Q. Did any of those companies ever provide to 12 Moore prior to OSHA let's talk pre '72 did 13 any of them ever provide Moore with any 14 information regarding potential health hazards 15 associated with exposure to asbestos 16 MR NANTZ Objection form 17 A. Did I hear something 18 MR HAZEN Go ahead You can 19 answer 20 A. Oh okay Prior to '72 21 Q. By Mr. Coon Yes sir 12222 A. So you would have said '71 prior , 12222 Q. Yes sir 12222 A. No. haven't seen anything 12222 Q. Okay Are you familiar with material NELL MCCALLUM & ASSOCIATES INC 713 861-0203 64 Pages 250 to 253 36766920-761c Page 254 12345 safety data sheets 12345 A. huh 12345 Q. Does Moore have those for the Paco 12345 product lines S A. Would we have made those up and supplied 6 . MSDS sheets 7 Q. Yes sir 8 A. You know I can't answer that It's a 9 good question I can't answer that 10 Q. If such documents had existed where would 11 they be kept 12 A. MSDS sheets became a requirement a 13 federal requirement at one point I don't know what 14 year that was So I am sure we would have done it 15 but I -- just -- I can't recall when that would 16 have happened 17 Q. am going to backtrack one more time 18 There was another document I found at the break 19 Counsel this one is KMX 183. It's ours KM 1239 20 We talked about these different Paco products 21 containing asbestos and there was a memo here See 22 if you have seen this It was to Mr. Merrill which 23 you talked about earlier that talked about asbestos 24 fibers in a paint product And were you aware that 25 Moore had made paints containing asbestos for Page 256 4 1 different numbers were applied to those This -- ; : 2 here is right here You look at it Paco R 3 products right here 4 Q. Okay And what are those Paco product F * 5 225 235 and 521 6 A. am not totally familiar with those 7 They obviously were very small volume & 8 Q. Do we know what they looked like ql : 9 A. have no idea 10 Q. Do you know why they would have included : 11 paint with asbestos 12 A. Well again it goes back to even that 13 terminology of that one dry product It was called 14 I believe texture paint Right 15 Q. Right 16 A. And that was dry So anything that would 17 be put on with an applicator other than a spray 18 unit or a trowel it could be applied with a brush 19 or textured with a brush they -- my -- it looks 20 like they called paint 21 Q. It indicates -- I think we read it here it 22 came in one three or gallon 23 A. It looks like one and five gallon pails 22 Q. One and five gallon pails 25 A. Right Page 255 12 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I think it's about a year time frame Wasn't it '63 to '68 A. don't know -- see these could be the products that were -- there was a texture paint that asbestos was also used in and I don't know if that was is any of these I think some of these numbers are I think from that Paco list Q. You think that those were made -- you talking about the texture paint that we talked about in this earlier document A. There was a dry powder and then I believe there was also a liquid Q. Okay They have -- well maybe I didn't understand You think there was a liquid texture paint as well as the powder that we talked about in the bag A. Texture paints were part of the industry for many years in the early 70s Not just Moore but these numbers I -- I -- these look like they're Paco numbers You have that sheet that showed the reference Oh here we go This doesn't have the numbers on it Q. The texture paint is 5563 A. Yeah but it was also identified that was what's on the bag but there is a different - : Page 257 123 Q. Okay 123 A. These are Paco products 123 Q. So those would have been under Paco 4 A. Yes sir 5 Q. Okay Going back to your product 6 suppliers you're not aware of Manville or Carey 7 Canadian or Union Carbide providing any types of 8 notices to Moore of any related 9 information concerning the raw asbestos they 10 provided at least before '71 11 MR NANTZ Objection form 12 A. am not aware that any information was 13 provided to Moore prior to '71 14 Q. By Mr. Coon And did either or ~ 15 any of those three companies start providing 16 information or were you still using it as their 17 time line 18 MR NANTZ Objection form 19 A. you get into '72 I can answer your 20 question 22222 Q. By Mr. Coon Okay Let's go to '72 22222 A. Anything '71 and prior no 22222 Q. Okay '72 any information from any of 22222 the material providers 22222 A. We had that letter as I indicated from NELL MCCALLUM & ASSOCIATES INC 713 861-0203 65 Pages 254 to 257 36766920-761c 00045a4bdea7 Page 258 the Drywall Institute and then in '73 Mr. Merrill attended a Manville -- Manville seminar 123 and whereby health issues and asbestos were discussed and then in '72 we had information from 4 our Liberty Mutual who did the inspections on our plant and in one of their reports they mentioned in their detailed report about the aspects of the 8 diseases that asbestos could cause So around '72 is when all this information -- '72 and then into '73 is when it started to surface Q. Okay If we go back here I have got January of '72 - we have got a number of documents here I am going to try run through here pretty quickly with you sir but we have got 1058. This was a letter to Mr. Merrill from the vice president of sales at Carey Canadian and it attached with it the EPA proposed regulations dealing with asbestos You're familiar with those are you not A. Yes sir Q. And that's kind of what you were talking about awhile ago that OSHA was coming in and that was part of the EPA project to start restricting or controlling the -- the dust released from asbestos A. Yeah OSHA controlled the workplace Q. And in the OSHA or EPA's desire to protect looking at other fibers as a replacement for their asbestos and to look at eliminating asbestos as a raw material in their formulations correct _ A. It says In view of the hard look that is being taken at asbestos we have started to look at 10 other fibers as replacement Yes that is correct And this is February of '72 Q. Okay And what did Moore do following that memo with respect to following up 10 with the recommendations made A. Recommendations as to what 1 13 _ 15 15 Q. Recommendations made by Mr. Murphy with respect to looking for substitutes for asbestos and eliminating it in their formulations A. Based on the information I have seen there was a very concentrated effort to begin to 1717 look for substitutes A lot of different aspects 18 were looked at In fact Mr. Merrill who was the 2019 chemist at the time or was involved with the chemistry of putting the products together between 2121 '72 and '77 actually worked on around 236 different formulas to revise those products 2 22 2 Q. And when did products first become revised as a result of this additional research 222 A. Well the first one was in '73 when we Page 259 the levels of dust in the workplace that would 123 concomitantly result in the ability to continue to make the product based on keeping the dust counts 1234 low enough in the factory to make the product A. OSHA set requirements as to what were acceptable airborne contents yes Q. Okay And we know at least as to '72 that 8 the manufacturers were trying to keep Moore 9 abreast with respect to ongoing developments with respect to the potential for regula -- federal regulation of asbestos A. Indicating Q. Correct A. Can I see this Q. Sure A. Sure This is the letter to Mr. Merrill dated January the 24th 1972 indicating that he was attaching the federal register regulations for proposed standards and advising us that there was a hearing slated for a certain date Q. Okay And shortly after that we have 1022. We a have letter dated February of '72 from Dan Murphy at Paco to Mr. Merrill and other Moore representatives that states at Page 2 that due to those issues Moore needed to start Page 261 : 1 came out with the asbestos wall texture 2 Q. Was this a Paco product A. Yes sir Q. And over the next number of years how 4 long was it before asbestos was phased out of all of the Paco products A. That was phased out '77 But between 9 '72 and '77 there were formulas that were revised and different raw materials were looked at to get the product -- to substitute the asbestos The asbestos was taken out of some of the products in different percentages and went from a six percent ' down to maybe a two We had a couple of asbestos products but in '77 asbestos was out of everything Q. Okay I would take it one of the : immediate concerns at Moore would have been to continue to be able to make the product the Paco products and stay in compliance with the new OSHA restrictions on the dust counts within the facility A. Yes sir Q. Do you know -A. And we did Q. Do you know what was done by Moore as a result of the new OSHA standards on the dust NELL MCCALLUM & ASSOCIATES INC 713 861-0203 66 Pages 258 to 261 36766920-761c Page 262 1 releases to get them within compliance to the new 2 standards 3 4 S 6 , 7 A. Yes And -- boy maybe this is a time too to clarify something I want to go back to prior to the break when you were asking me about testing Okay I had in my mind that it was prior '70 and I want to make sure we don't get messed 8 up here 9 Our testing was done -- a lot -- some testing 10 was done beginning in '72 because of Liberty Mutual 11 was our industrial hygienist We also did some 12 product testing '75 So there were tests -13 there was testing done on the products but I 14 believe I may have mislead you because I thought you 15 were asking me about '70 prior to '70 16 As it relates to this what did Moore do 17 to bring to -- to comply with OSHA we had the 18 industrial hygienist visit the plants check them 19 and make -- tell us what we needed to correct and we 20 corrected them 21 A whole new exhaust system was installed in San 22 Carlos The respirators were made available to the 223 employees on -- on a regular basis There were 223 physical examinations done from that point on for 25 new hires existing people and on terminations Page 264 1 Q. By Mr. Coon Did Moore devise them 2 Where did that language come from 3 A. Oh the language was provided by OSHA 4 Q. Okay 5 A. By the government 6 Q. Okay So they said this is the minimum 7 you have to provide on your bags so that's what 8 = you did 9 MR HAZEN Objection form 10 A. No they didn't say minimum If you read 11 the OSHA requirements specifically says you shall 12 put this statement on your material 13 Q. By Mr. Coon Did it restrict the ability 14 of Moore to provide any additional 15 _ precautionary language on their bags 16 A. I don't recall in the regulation itself if 17 it allowed for additional but I -- they were very 18 emphatic in what was to go on as far as what they 19 wanted on the bag 20 Q. Okay For instance as a result of the 21 OSHA involvement in '72 certainly you would agree 22 that Moore was aware by then asbestos caused 23 asbestosis lung cancer mesothelioma 24 MR HAZEN Objection form 25 A. I can't say that sir Page 263 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Handling of the clothing everything So we responded to everything that was required by OSHA and our industrial hygienist to comply with the law MS YANOF Object to responsiveness Q. By Mr. Coon And one of the things that was done as I understand it were to comply with government regulations was to provide a notice on the bags the Paco bags that the products contained - asbestos A. That was one of OSHA's requirements correct Q. Right And as a result of the OSHA mandate to inform the purchasers of the product Moore provided what we looked at earlier on these photos of the bags of what was described as a cautionary label We can go back and look at 1030 I think they all read the same It says -- A. Yeah Caution contains asbestos fibers ~~ avoid creating dust breathing asbestos dust may cause serious bodily harm Q. Now with respect to those types of cautionary labels who devised those at Moore MR HAZEN Objection form Page 265 12 Q. By Mr. Coon Are you -- 12 A. First indication of the disease asbestos 3 mesothelioma seemed to come out of that 4 Manville seminar which was in 1973 S Q. Okay Did the labeling that we looked at 6 on those photos ever change for the duration of the 7 time that Moore continued to make Paco 8 products with asbestos in them 9 A. No sir 10 Q. So 11 A. Well excuse me 12 Q. Yes sir 13 A. What label are you talking about 14 Q. The labeling that we have on the bags I 15 think they all read the same on the photos there 16 Did that labeling ever change over the next few 17 years that Moore continued to make products 18 with asbestos in them 19 A. Are you talking about the caution label 20 Q. Yes sir 21 A. No. That was -- that was the label that 22 23 . was the products until day one -- from day one Q. Okay And we do know that the product was 22 mademade through '77 or '78 correct A. '77 NELL McCALLUM & ASSOCIATES INC . 713 861-0203 67 Pages 262 to 265 36766920-761c 00045a4bdea7 Page 266 12 Q. least some with asbestos in them 2 A. Right 3 Q. And some was still sold in 1978 with 4 asbestos 5 A. Yes We could have sold it through -- 6 well you could even have sold some of the -- the 7 spray textures after '78 but basically through '78 ; 8 was the end yes 9 Q. And to the best of your knowledge the 10 label that we just described that was one put on in 11 72 did not change over the remaining years that 12 they sold the products 13 A. That is correct In fact I think that's 14 still part of the OSHA requirement today I don't 15 think that ever changed 16 Q. Mr. Giffins next have a memo this one is 17 KMX 1938 it's ours 1056. It's dated April '72 and 18 I want to turn your attention to the second page of 19 this document It talks about major problems being a 20 developed 21 A. need to familiarize 2222 MR HAZEN Objection form 2222 A. Okay 2222 MR HAZEN I Can look at that real 25 = quick Page 268 1 Did I read that correct 2 A. Yeah they were indicating there was 3 possible asbestos asbestosis exposures 4 Q. Okay And this is back in - this is , 5 '72 right 6 A. April of '72 7 Q. April So we know that at least 8 Moore's discussions with their carrier in '72 9 that that was something that they were made aware of 11 A. As I say it was in '72 that we started to 12 become aware Liberty Mutual was the first one that 13 reported back to us any aspect about a disease and 14 then subsequently our seminar that we went to with 15 Manville where it talked about diseases 16 Q. Okay Now let's talk about this next one 17 real quick This was a document from Drywall 18 Industry Trust Fund that you talked about And as 19 early as the summer of '72 they sent a letter to 20 Mr. Pickens and he is president to the Paco 21 Textures Do you know them 22 A. I know of him 23 Q. Okay Do you know Paco Texture Is that 24 Paco Textures 25 A. That's Paco yes That should be PA Page 267 123t 123t 123t 123t S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 223 223 223 THE WITNESS Sure can Q. By Mr. Coon Let me show you this one while he is looking at that one Are you done MR HAZEN Just one second MR COON am trying to cover a , lot of ground in a short period of time Scott A. That happens to be -- that happens to be the top sheets distribution to various corporate executives and the rest of it has to do with a report that was prepared by Liberty Mutual which was our industrial hygienist after their visit to the plant in April of '72 Q. By Mr. Coon And their visit was promulgated or precipitated by the OSHA regs ' A. OSHA Regulations Q. Okay And if we look at the second page there it talks about concerns MR COON If can have it back real quick counsel MR HAZEN Okay Q. By Mr. Coon Page 2 under Line 8 major problems are being developed by -- and it lists two as material handling and then B potential asbestosis exposures in drywall products departments in mixing dry ingredients and filling containers 1 2 3 4 5 6 7 8 9 10 11 12 13 | 14 | 15 16 17 18 19 20 21 22 23 22 25 Page 269 : Q. That should be Paco that's you guys right A. Yeah Paco Q. And this letter is sent from Mr. Spence as Safety Committee Chairman from the Drywall Industry Trust advising him as president that they had been in attendance to meetings with Dr. Irving Selikoff it says Selikoff's -- it's Selikoff Do you know or have you heard of Dr. Selikoff A. Sure have Q. Okay It talks about his studies at that time showing that there was a significant increased risk of lung cancer amongst those in the sheetrock taping industry correct A. It talks about the three study that -- on the effects of dust that is correct Q. Okay So we know that as of the summer of '72 the president of Paco Textures had been apprised of studies showing that people that worked in that industry were susceptible to cancer of the lung from working around those products A. Well it talks of -- it talks about that fact about cancer yes But again it's like I said earlier this was -- we got this information when - you asked me about when did we start to learn NELL McCALLUM & ASSOCIATES INC 713 861-0203 68 Pages 266 to 269 36766920-761c 00045a4bdea7 Page 270 1 about the issues It came with an industrial 2 hygienist inspection this letter and 3 Manville's seminar 4 5 6. 4 7 Q. Okay But we do know that for the next seven or eight years there was still no additional supplemental warnings or cautionaries on the bags that contained asbestos from Moore that the 8 products could cause asbestosis or the products 9 could cause lung cancer exposure to the asbestos in , 10 those products 11 A. Well I don't know what else you can say 12 except what that -- the caution I think that's 13 pretty explanatory 14 Q. Okay Well and understand that your 15 standing by the precaution that's on there but you 16 would agree that the caution does not say that you 17 can get asbestosis does it 18 A. Well it doesn't say that but it says it 19 can -- cause serious bodily harm 20 Q. It does not say you can get lung cancer 21 does it 22 A. does not It says serious bodily harm 23 Q. But never did say you could get cancer 24 from it 25 A. Well when -- I interpret it as being very Page 272 |! 123 products 123 A. Respirators were even available to the 123 employees prior to that 4 MS YANOF Object to 5 responsiveness 6 A. At this point it became mandatory 7 MS YANOF Responsiveness 8 Q. By Mr. Coon Okay So there was 9 voluntary usage before and in light of the 10 heightened awareness and regulations respirators 11 within the facilities became mandated in certain 12 work areas 13 A. Yes 14 MS YANOF Form 15 A. They were always there for the employees 16 use 17 MR COON And counsel it's 18 Documents 1138 and 1143 19 MS YANOF Objection _ 20 responsiveness 21 Q. By Mr. Coon And after that there are 22 additional follow meetings in October '72 and 23 there was Bob Miller on this committee Do you know 24 who Bob Miller was 25 A. Yes He was the plant manager Page 271 12 emphatic that it could cause some kind of major 2 problem regardless if it's cancer or whatever 3 Q. Now you told us that as a result of the 4 Liberty Mutual meetings and the OSHA mandates that 5 the Paco facilities initiated some additional 6 protocols One would be chest rays for the 7 employees you had to start doing each year correct | 8 A. Correct 9 Q. And that was because they were at high 10 risk of getting lung disease from working around 11 asbestos correct 12 MR HAZEN Objection form 13 Q. By Mr. Coon So you had to monitor 14 that 15 A. I would just -- I don't know if high risk 16 is an appropriate word but they were at risk yes 17 Q. They were at risk They were at higher 18 risk than a nonexposed population 19 A. Possibly 20 Q. And so Moore initiated programs with 21 respect to their own employees to give them an 22 annual chest ray -- chest ray correct 222 A. Correct 24 Q. And provide respirators they had to start 25 using respirators where they were working around the Page 273 123 Q. Okay 123 A. charge of the plants 123 Q. Okay And in Document 1108 1108 reflecting the 4 Paco production meeting indicates that he advised S the other committee members that Moore must 6 now have a warning on each product container to 7 indicate that asbestos is in the formula 8 MR HAZEN What's the document 9 number on that Brent 10 MR COON This is 5319 11 A. KM BB 5319 12 Q. By Mr. Coon Okay 13 A. This is dated October of '72 14 Q. Right Now was it in response to this 15 that we see the cautionary labels that are on the 16 various pictures that we talked about earlier 17 A. Yeah This is when -- when OSHA came down 18 and started to perm -- and publish the regulations 19 this was part of it that the warning had to be put 20 there This addresses that And so to comply 21 immediately we had -- they had pressure sensitive 22 stickers made up and put on the bags until all of 23 the bags could have the actual caut, ion that you see 24 there printed 25 Q. Now was that done as a result of this NELL McCALLUM & ASSOCIATES INC 713 861-0203 69 Pages 270 to 273 36766920-761c 00045a4bdea- Page 274 meeting 123 A. Yes Q. Okay So in October of '72 we -- we start putting -- or preparing for labels for the bags A. Yes 9 Q. And then we have KMX 1379 shortly thereafter is when it was necessary to put in the vent -- ventilation equipment to further reduce the dust counts in the manufacturing facilities where they were making the Paco products A. Yes This was -- Q. Okay A. This is just information from Mr. Merrill to Bob Miller of the activities that were taking place relevant to OSHA and the labeling . Q. Okay And subsequent to that -- and counsel this is KMX 0619 our document 1257. It's dated January 4 '73 from Liberty Mutual They actually did an industrial hygiene study at the -one of the Moore facilities This is at the Ontario plant in California They made Paco products there correct A. Yes By the way -Q. Yes sir Page 276 : 123456 MR COON I know everybody wants . to - 123456 now MR HAZEN I don't want to rush him MR COON That's fine 123456 MR HAZEN He's been very cooperative MR COON He has A. Yeah it did indicate that the fibers in ~ the areas that were tested where the samples were taken did exceed five fibers which was the -- I think that's a five It has to be . Q. By Mr. Coon Okay Do you know what the standard was before the OSHA reduction of the -- A. 12 Q. You think it was 12 fibers per cubic centimeter A. Yeah Q. Do you know what it was before that A. No. Q. Okay A. The five was an emergency deal They came out and said we're going to do 5 to get the thing going Q. Okay And Liberty Mutual tested the other Page 275 A. they were the ones who inspected most 123 of our plants Q. Okay A. Okay Q. And in their inspection of the facility 5 for the atmospheric asbestos dust counts it was determined that the levels exceeded the permissible 9 limits for the employees correct MR HAZEN Objection form A. This letter is dated January 4th 1973 Q. By Mr. Coon Can we just read the first couple sentences off the second paragraph A. That's what I am reading MR HAZEN And Mr. Giffins I am going to caution you to take your time to read each and every document 11 THE WITNESS Yeah I am MR HAZEN -- that you're being asked to We're not going to start rushing at this point No need to MR COON Scott it's fine I don't have to be home until Sunday MR HAZEN We will give you your six hours You will get it and if we have to here until 8:00 we'll do it : Page 277 1 3 S 7 1 10 12 1312 14 1821 2222 23 24 2424 25. facilities where the Paco products were made A. Correct Q. Do you know what the general results were from the other inspections of the other facilities around that same time frame A. The San Carlos one needed some work which you indicated but from what -- everything that I have been able to see and detect as soon as anything was determined that was out of line with what the requirements were corrective action was taken immediately to get it fixed Q. Okay Do you know whether or not Moore had initiated any industrial hygiene inspections of those facilities before OSHA A. can't answer that I don't know for sure I believe there were people that inspected the plants for a period of time Whether it was Liberty Mutual prior to OSHA or not I don't know sir Q. Okay Now there were some additional regulations that dealt with spray products in the '72 standards correct A. May see that please Q. Okay Well I don't think it's on -- on there but I was just asking if you were generally NELL MCCALLUM & ASSOCIATES INC 713 861-0203 70 Pages 274 to 277 36766920-761c 00045a4bdea7 Page 278 1 aware when the OSHA regs came in '72 if there was a 2 - at that time a ban that went into effect 3 immediately with respect to certain types of 4 S 6 | 7 8 9 asbestos applications A. OSHA addressed the condition of the workplace both in the factory and where the people when they used the product Okay They -- there was ban by the Consumer Products Safety Commission I believe '78 which forbid the use 10 of asbestos in joint compounds 11 Prior to that everything was from -- if am 12 answering your question correctly based on the 13 standard established by OSHA which was the 5 fibers 14 per milliliter Now they also banned the use of 15 asbestos in fire retardant and pipefitting 16 stuff which was the main issue That was banned I 17 believe early in -- in '73 7 -- '72 '73 18 Q. That would have been thermal insulation 19 and spray applications -- 20 A. Right 21 Q. -- for fireproofing 22 A. That's right Did not affect the products 223 that Moore was making at the time 223 Q. And think there was some concern 223 reading through the correspondence there was a Page 280 FF 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Carbide and you told us earlier that Liberty Mutual was your company -- I take it Liberty Mutual was all's -- they were probably your workers compensation carrier I would guess is that correct A. huh Q. Okay And so they wanted to initiate these dust counts within your facilities for purposes of the workers comp MR HAZEN Objection form A. Could you repeat that please Q. By Mr. Coon Yes sir A. I was looking at this and not paying attention to you Q. I'm sorry I was asking a question while you were reading something I would assume Liberty Mutual was out doing dust counts at the plants for purposes of the workers comp premiums A. For workmen's comp premiums You mean to take the counts for their benefit Q. Well if -- if Liberty Mutual is your workers compensation carrier they probably want to ~ get some idea of what the risk issues are and want to go out and inspect the plant for overall plant Page 279 I general concern to some degree at Moore that 2 the ban on spraying asbestos for fireproofing could 3 apply to the spray application of the textures 4 and joint compounds S A. That is correct And we inquired with the 6 E EPA to find out if in fact our products were 7 covered and they said no 8 Q. They said it just applied for those 9 fireproofing purposes 10 A. That is correct sir 11 Q. Did not apply for tex screening and so 12 therefore Moore made the decision they could 13 continue to make that product and not be afoul of 14 OSHA regs 15 MR HAZEN Objection form 16 A. Well OSHA said you could continue to make 17 the product if you met these qualifications We met 18 the qualifications 19 MR COON Next we have 0168 20 Counsel this is our document 1236 21 MR HAZEN Okay 22 Q. By Mr. Coon This one is dated November 23 13 73. It appears to be another industrial 122 hygiene sample It's called Airborne Asbestos 122 Fiber Counts And these were collected by Union Page 281 12 conditions because they're going to have to cover 12 the medical bills for employees right 3 A. Sounds logical 4 Q. Okay I am -- was there any other reason 5 that Liberty Mutual was the one selected to do your 6 _ industrial hygiene studies 7 A. I can't answer that 8 Q. Okay 9 A. know they did them and as I say they 10 may have even been doing studies prior to OSHA 11 Q. But they were not an industrial hygiene 12 organization Liberty Mutual was not They're an 13 insurance company 14 A. Yeah but they -- I believe they have a 15 division which does that They have people that go 16 out and do the inspections and measure -- 17 Q. Sure 18 A. -- which they did all's 19 Q. Right And they went out to 20 plants because they were your -- you were their 21 insured Moore was their insured 22 A. agree with you I guess 23 Q. Okay Well I was presuming that but did 24 not know I mean were you hiring Liberty 25 Mutual to come out and inspect them because they had NELL MCCALLUM & ASSOCIATES INC 713 861-0203 71 Pages 278 to 281 36766920-761c 00045a4bdea7 Page 282 12345 industrial hygiene division or were you 12345 doing it because they were your insurance carrier 12345 A. can't answer that I wasn't there I 12345 don't know how that came about 12345 Q. Okay ; 6 A. But I know they did inspect the plant and 7 they told us where we complied and where we didn't 8 comply and as a result of that we did what they 9 asked us to do 10 Q. Okay And so where you were out of 11 compliance where the dust counts were too high you 12 had to go in and provide additional ventilation or 13 other procedures to lower the counts to get them 14 _ within the OSHA limits as set at that time 15 A. That's correct 16 MR HAZEN Object to form 17 THE WITNESS Oh sorry about that 18 MR COON Scott how we doing on 19 time 20 MR HAZEN Why don'wet take five 21 minutes real quickly and we will add it up and see . 22 where we are 222 MR COON Okay 222 THE VIDEOGRAPHER Going off the 222 record at 5:10 Page 284 : 12 the industrial hygiene studies found the excess 2 fiber counts this was a follow letter to the 3 employees to let them know that that was an issue 4 and that there were going to be certain protocols 5 with respect to OSHA and trying to get into 6 compliance 7 A. assume that's what that implies yes 8 sir 9 Q. Okay Now one of the things it talked 10 about in here -- I want to turn your attention to 11 number 3. It says Rotation of -- there you go 12 Got Rotation of schedules to minimize 11 : 13 exposure 14 A. Correct 15 Q. Do you know what that means 16 A. Part of original OSHA requirement said 17 _ that if you were in -- if in fact an area was not 18 in compliance you had the ability to rotate people 19 until you brought it into compliance 20 Q. Okay And that was because OSHA 21 Regulations had a certain level of permissible 22 exposure in a given hour based on an eight 23 ~ 22 day correct A. On eight day it was -- based on 25 an average it was five Page 283 123 A recess was taken 123 THE VIDEOGRAPHER Back on the 123 record The time is 5:38 4 Q. By Mr. Coon Ready 5 A. Yes sorry 6 Q. Mr. Giffins we next have 1061. Counsel 7 this was your document 1380 oe 8 MR HAZEN Okay 9 Q. By Mr. Coon This is July 25 '72 It 10 appears to be addressed to each employee at Paco 11 textures Would that be at all their facilities 12 that were in place in 1972 13 A. It appears it would be yes 14 Q. Okay And subject is Paco status 15 A. Paco status concerning OSHA requirements 16 for asbestos exposure 17 Q. Okay And what was the first statement 18 for Mr. Merrill 19 A. He says You should be aware that we are 222222 presently exceeding the exposure limit set by the 222222 Occupational Safety and Health Act for asbestos 222222 ~ And this was a result of the Liberty Mutual - 222222 Q. Okay 222222 A. v isit which was prior to this 222222 Q. So when Liberty Mutual came out and did Page 285 : l Q. Right And are you familiar with the TWA 2 You know what that meant 3 A. TWA 4 Q. The time weight average 5 A. Oh I've heard of it but -- 6 Q. Did you know how the OSHA standards took 7 place with respect to measuring the fiber counts in 8 the particular areas of the plant 9 A. I failed 10 Q. Okay Are you aware I take it you are 11 aware that if the amounts of dust exceeded the 12 13 14 | 15 permissible amount on an hourly basis that what you would do is you could have an employee just work there a few hours a day and get a full day's dose and then be taken out of that area where he's not 16 exposed anymore 17 A. could go up to a maximum I believe of 18 10 over that eight period if it did not exceed 19 five hours per day 20 Q. So what Moore decided to do 21 apparently from this memo was to take employees 22 that normally worked eight hours a day in certain 23 areas that were getting overexposed under those 24 OSHA limits and to say you're not going to work 25 there eight hours anymore you're going to work AE ELT IOS TET NELL MCCALLUM & ASSOCIATES INC 713 861-0203 72 Pages 282 to 285 36766920-761c 00045a4bdea7 Page 286 123 there just a few hours and we are taking you off 123 123 and putting somebody else in there 123 3 MR HAZEN Objection form 3 4 A. Well that says that you could do that 4 5 Whether they did or not sir I don't know 5 61 Q. By Mr. Coon Okay Well it did say 6 7 that we are taking the following actions to comply 7 8 with the requirements 8 9 A. That is correct 9 10 Q. So by all indications from Mr. Merrill 10 11 one of the ways Moore was going to continue to 11 12 keep their plants fully operational was to rotate 12 13 people out of the exposure areas 13 14 MR HAZEN Objection form 14 15 A. Again that was a -- that was a process 15 16 that was provided or OSHA said could be done within 16 17 -- within their guidelines 17 18 Q. By Mr. Coon Sure I mean OSHA allowed 18 19 y'all to rotate them out 19 20 A. That's correct 20 21 Q. So y'all did it right 21 22 A. That's correct 22 2323 So y'all are playing with within the .23 2323 ~ rules -- 22 2323 A. Right 25 Page 288 ei A. I can't answer that sir I don't know what they knew at that time other than what I have read Q. Did the employees that worked out at the Paco facilities all have uniforms that they left there every day A. They wore certain -- I don't know -- like coveralls I would have to say Something like that Q. Were these provided by the plant or were these their own that they brought as part of their regular attire A. I can't answer that I don't know if they were provided or not Q. Okay We next have this letter from the Drywall Industry Trust Fund I think you mentioned them earlier Actually I think we discussed this one A. Yes Q. Okay I want to ask you one other thing here Did you know Mr. Spence : A. Mr. Spence from the Drywall Industry Trust i ; Fund Q. Right : A. No. 2 Page 287 1 Q. -- but you're not -- but to play within 2 the rules your guy couldn't even work there for an 3 eight shift ; 4 MR HAZEN Objection form S Q. By Mr. Coon That's why you had to 6 rotate them out right 7 A. Yes 8 Q. Okay And one of the other things it 9 mentions that Moore decided to do was improve 10 the handling of work clothes Do you know what that 11 addressed 12 A. Specifically I don't know what they did 13 then but at the -- when they put all that 14 ultimately into effect a lot of the clothing was 15 put in bags when they were changed And the way 16 they dusted themselves off was looked at 17 differently I can't get into the specifics of what 18 was actually implemented but it all had to do to 19 comply with the handling of the clothing in line 20 with OSHA Regulations 21 Q. Do you know whether or not Moore was 22 aware at that time with the employees having the 1222 clothing on their -- the dust on their clothing that 1222 that could be taken outside the workplace taken 25 back to their vehicles back to their homes y Page 289 H 1234 Q. Did you have any involvement with the F 1234 Drywall Industry Trust Fund 1234 A. No sir : 4 Q. From the times you worked there from '85 : 56 since do you know whether or not that organization 6 is even still in existence 7 A. can't tell you that 8 Q. Do you know if there were any other 9 organizations like the Drywall Industry Trust Fund 10 A. cannot tell you that sir 11 Q. Okay Well this one said for the 12 advancement of drywall in California Do you know 13 if they had a state type of organization 14 they had the same type of deal in Texas for _ 15 instance 16 A. I don't know that for a fact 17 Q. Do you know if there was any national 18 industry like the drywall industry If there was a 19 national organization 20 A. I don't think I have seen anything so -- 21 but it doesn't mean there wasn't 22 Q. Okay Next I don't think we have talked 23 about this one yet This is KM 1060 22 Yours 1381 counsel 25 This was a Paco production meeting letter NELL MCCALLUM & ASSOCIATES INC 713 861-0203 73 Pages 286 to 289 26766020.761c.11d6- 26766020.761c.11d6- Ic 00045a4bdea7 Page 290 would guess Mr. Marquardt and Bob Scudder 12 A. This was -- this is production meeting notes meetings where they -- they had a meeting and took notes S12 Q. Okay Who took the notes Do you know A. don't know who took the notes Q. Okay Now we were talking about this one I think before we took that break This is where it said Bob Miller reports that the latest bulletin on the use of asbestos in joint cement and paint products indicate we will not have to eliminate it M from our formulations immediately A. However it will be necessary for us to provide proper respiration devices for men and have lung rays made of the workers at least once each two years Further information on this will be put out to each of the manufacturing operations by Bob Miller . MS HAAG Object to the nonresponsive portions Q. By Mr. Coon All right Do you know as a result of this what was done by this group Let me ask first who are these guys Was there a separate committee of representatives of Moore that just dealt with these kind of issues with Paco Page 292 A. So this was prior to even the industrial hygienist coming in to -- this was right after all this started to surface So what they're passing on is information to the group that were 4 responsible this is what we know -- we've heard this but there is some -- a lot of it kept changing and kept getting added to Q. Sure And as I read this it said that -I thought what was relevant here where it said we will not have to eliminate -- when we're talking about asbestos says we will not have to eliminate from our formulas immediately Could you tell from that and other correspondence in your historical review if they had reason to believe that there was still going to be additional restrictions coming down the pipeline to where asbestos was going to have to be excluded MR HAZEN Objection form A. I can't read that into this What I can read into this is there was a misinterpretation on what their requirements were originally and they ~ may have thought at a prior meeting that they had eliminated it entirely and since found out that was not the case That's the only way I can interpret that sir Page 291 123 after OSHA came out _ A. No. can tell you Doug Miller -- or Doug 123 Merrill -- yeah Doug Merrill was the chemist for the Paco products Bob Miller is in charge of the 123 plants Bill Moore owned the company Dan Murphy . am not sure what -- he had something to do with the plant Walter Pickens was president of Paco at Oo that time Q .. Okay A. Okay ; Q. Was -- could you tell from this that there was an understanding or impression from the people involved particularly from the reporting of Mr. Merrill that the first phase of the OSHA Regulations of 1972 were going to result in the future with additional restrictions MR HAZEN Objection form A. I think the only way I can answer your question your comment is around this time there was a whole bunch of different information coming down And in fact I think if you look at this it says Lung rays made of workers at least once every two years The final regulation said they had to be done every year Q. By Mr. Coon Right Page 293 Ff 1 Q. By Mr. Coon Okay Earlier you also talked to us about the Manville program And 3 you talked about the notice that Moore had with respect to asbestos hazards You talked about S OSHA and then the Manville program 9 A. Manville seminar Q. Yes sir We have what's KM 1002 and 1014. This appears to be a cover letter form letter sent by Manville to the various customers advising them of this program and that there was a _ transcript available and this was also in your repository which is the transcript of the symposium ; itself dated December 3 and 4 -- A. Correct Q. -- 1973 titled Asbestos and Health Presentation And obviously that was a program that was called pretty much just to discuss asbestos and its health ramifications Do you know if there was -- A. Plus that same program they talked about the industry as a whole and where they fit in -fit it into the industry and duh duh duh as well It was a purpose meeting Q. Do you know whether or not there were any attendees of this program that were representatives Sa MERTEN TORT oe Ana HERTS ARSE a 74 Pages 290 to 293 NELL MCCALLUM& ASSOCIATES INC 713 861-0203 36766920-761c Page 294 1 of Moore or Paco 2 A. Doug Merrill 3 Q. You understood Mr. Merrill actually 4 attended that program , 5 A. Yes sir 6 Q. And do you know where this program was : = 7 held 8 A. Somewhere in San Francisco 9 Q. So we could pretty much presume that the 10 contents of this seminar if the notes were all 11 taken accurately were things that would have been 12 conveyed to Mr. Merrill as a result of being at the 13 14 15 16 17 18 19 20 21 22 meeting A. understand it Mr. Merrill attended the meeting took notes was able to -- they handed out some material for him to bring back This letter confirms his attendance and the fact that they are going to send out the transcripts the hard copies from the meeting for his further review ~~ And that's what those are Q. Okay Now obviously if you -- have you had an opportunity to read this the transcript of 23 the symposium 22 A. Yes sir 25 Q. Okay And you are aware that in it it STEAD Page 296 TEE OTE 1 contents of that thing it also says that under set ae 2 controlled environments it's -- you continue -- that ee OR er 3 it's safe to use the material RMOR 4 Q. Under certain circumstances Ra 5 A. Under certain circumstances correct 6 Q. And we next go to September '74 This 7 appears to be additional internal memos It's the ane 8 Paco production I can't read it all It said memo 9 or meeting 10 MR HAZEN Brent what's the number | 4 31 that one F 12 A. This is -- oh his number is -- ours is 13 KM And this is dated September 30 of '74 and 14 it looks -- it's got ME I guess it meant Paco 15 production meetings 16 Q. By Mr. Coon It talked about -- I think 17 one of the things that was discussed here is the _ 18 potential for reformulating their product 19 A. Yeah You want me to read it 20 Q. Yeah if you don't mind 21 A. Okay Paragraph 3 says The change in 22 our acoustic formula using a different form of 23 asbestos instead of titanium has worked out very 22 well in our field tests We have had no complaints 25 and some customers actually like it better It has Page 295 12 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 | 19 20 21 22 23 24 25 talked about various health problems associated with asbestos which -- A. Right Q. -- included asbestosis lung cancer and mesothelioma ; A. I don't know if it mentions each -- the three of them but it does talk about their -- I don't recall each three but it does talk about health issues yes Q. Okay I'll even point you to some pages Page 6 of the transcript specifically talking about different disease categories Do you understand bronchogenic cancer to be lung cancer A. Right Q. Right A. Okay Q. And of course talks about mesothelioma here right A. Correct Q. So we know that at least by late '73 Mr. Merrill as a senior spokesperson for Moore is aware of these issues being caused and associated to asbestos A. Those were brought up in that seminar also but I think if you read some of the other Page 297 1 resulted in a lower cost for us therefore it has agreed 2 been that we will make this change in the 3 formula and not indicate it on the bag However we 4 will be making some batches of the old material S until the present raw material supply is used up .6 Because of this decrease in cost we will not have 7 to -- I believe that word is -- increase the price 8 of our acoustic 9 I can't read those next two words With an -- 10 something about the next price increase 11 This applies to 6373 B and L formulas only 12 Q. Do you know who the provider was of the 13 other types of asbestos that were being substituted 14 A. They were testing the Union Carbide 3 15 product 16 Q. And do you know what the purpose of 17 substituting these products were other than the 18 price Appears that there was something that 19 triggered the substitute 20 MR NANTZ Objection form 21 A. My understanding is that -- that material 22 is being tested was the raw material that was being 23 promoted by Union Carbide at the time provided a 24 few benefits One being that it came with titanium fused to the fiber Normally most of the fiber you NELL MCCALLUM & ASSOCIATES INC 713 861-0203 75 Pages 294 to 297 36766920-761c 00045a4bd- Page 298 12 buy you got to put the asbestos in and then you put 12 titanium in 3 What they were calling -- I think it was HPO or 4 something --- came with the fiber and titanium glued 5 onto it You know I'm not a technical person so 6 don't hold me to it And as a result you also 7 ~~ didn't have to buy titanium and put in it and they 8 also were saying that you would use less asbestos 9 because it was a higher efficient fiber 10 Q. By Mr. Coon Okay Next we have -- 11 MR NANTZ What was the number on 12 _ that 13 MR COON 1051. This is -- ours is 1063 15 Q. By Mr. Coon Okay Next you got 1051 16 This is the full content of a document we discussed 17 earlier I'll be real brief with this We 18 discussed this one here This is the occupational 19 injuries and illnesses We talked about the one 20 person indicated here in '74 as having a dust 21 ~~ disease Do you remember that 22 A. Indicated they thought they had a dust 23 disease yes 22 Q. And if we look back at the rest of this 25 attachment includes some additional forms and Page 300 ~~~ asbestos ceiling texture That was ceiling ~~~ texture formula that was developed back in '73 3 Q. So we now have a substitute for the 4 ceiling that's a asbestos 5 A. Yes We had that since '73 6 Q. Okay And the standard formula still 7 contained a small percentage of asbestos apparently 8 A. In California California back in '75 9 regulated the amount of asbestos that could be in -- 10 excuse me -- spray material ceiling textures 11 And they -- they just came out and first said you 12 could have no more than half of one percent 13 Fortunately the company had developed that 14 ceiling texture formula for California in '73 so 15 the only thing that was really pushed by this was 16 the wall texture issue 17 Q. right So you had a couple of issues 18 One was compliance with the OSHA regs that come out 19 in 1972 and then you still may have a 20 __ state compliance issue based on the 21 vagaries of state law 2322 A. California -- 2322 Q. California being one 2322 A. -- came out with their own regulations 2322 Q. Sure 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22223 22223 22223 22223 22223 Page 299 Page 301 production manager -- A. Can I clarify this Q. Sure if you don't mind A. When you showed this to me I didn't - remember but I hadn't seen this until recently There was an indication with a worker in the plant by name of Bowers I can't think of his first name Martin Bowers maybe I don't know Something like that And the ray indicated that -_ there was a spot and it was determined that the spot was not caused by asbestos Q. Okay A. And that's maybe what this is Okay Q. And would the person signing off there have been production manager at that particular -A. Doug Merrill Q. Okay That's Doug A. Yes Q. Next we have a series I think of three or four documents This one is KM 1110 prior KM Number 5327. This was from Doug Merrill again to Bill Freeman It's dated June 27 1975. And there are three or four letters there memos A. Okay This one is addressing the fact that he is sending him some material of a 1 2 3 - 4 5 | 6 7 8 9 A. That's correct And what he's saying here is we had this asbestos product that we can make for you try this formula See if it works with your people But there was also the asbestos product that was available in other plants outside of California because it was still -- you know it was satisfactory to go ahead and make it Q. You could use it in states other than California 10 A. You sure could ; 11 12 13 14 | 15 16 17 18 19 20 Q. Okay But it was something that California statutes had precluded use of A. In June or July of '75 California said that you could not put -- have sprayed products spray texture products that had more than half of one percent of asbestos in it Q. Right A. In July of '76 that went to zero Q. And that was pursuant to -- A. Total 21 Q. Well we have got a copy of the statute 22 here but I don't think we need to reference it 1223 You had July of '75 when California passes its 1223 = law 25 A. Right NELL MCCALLUM & ASSOCIATES INC 713 861-0203 76 Pages 298 to 301 36766920-761c Page 302 12345 Q. -- the amount of asbestos typically in 12345 your products at that time was still running about 12345 five or six percent was it not 12345 A. This is only addressing spray textures 5 Q. Right 61 A. You have to keep in mind that we had a 7 asbestos ceiling texture that was being sold in 8 California at the time very successfully 9 Q. Right 10 A. So But 11 Q. you also had the containing 12 product line that was still marketed as well 13 A. We had the wall texture product This 14 only addresses the textures ; 15 Q. Right And my understanding was though 16 is that you had two different product lines You had 17 an containing product and you had a 18 containing product that were used for 19 the same purpose as of 1975 20 MR HAZEN Objection form 21 A. Yeah That -- that could be yes because 22 ~the ceiling texture was non and asbestos containing 23 Q. By Mr. Coon Right So you now had two 24 product lines one that complied with the general 25 OSHA regulations -- actually both did in '75 The Page 303 1236 1236 1236 1236 1236 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 containing and the containing still met the OSHA limits on usage A. I'm getting a little confused because OSHA addressed the workplace and the amount of fiber that was basically released Q. Okay , A. Okay Q. And you could make the product in compliance with OSHA -- A. That's correct Q. -- with asbestos A. Yes sir Q. With the five or six percent with the additional things you did rotating employees putting in ventilators stuff like that you were able to get the counts down to continue making the products right MR HAZEN Objection form A. I don't know if I can answer -- I don't know if I would put it in those words or not Q. By Mr. Coon Okay Well we know that in 1972 when Liberty Mutual came out and inspected the plants they said here is the problem And to address the problem we saw the memos where they took certain steps to address that Page 304 |k : 1 A. Immediately ; 2 MR HAZEN Objection form 3 Q. By Mr. Coon Okay And after they ; 4 addressed those problems they were able to still f S make the product and stay within compliance of the : 6 OSHA limits on exposure in the workplace ; 7 A. huh : 8 Q. Okay Correct E 9 A. huh 10 Q. And so that enabled them to continue to :: 11 make the product with asbestos in it for use in 12 whatever states they wanted to sell it in correct 4 13 except for California i2 14 A. Well in - California in '75 decided that : i 15 they were going to eliminate that in any spray 16 products to begin with -- H d 17 Q. Right 18 A. --so -- but up until that point yes we ff 19 complied in the way we made the product according to q 20 the federal requirements 21 Q. Okay So after 1976 when California had a : 22 complete ban on those products that contained i 23 asbestos you were still able to manufacture it with 24 asbestos for sale in some states and have an k 25 asbestos product for California as well as : 4 Page 305 3 f 1 anybody else that wanted it : 2 A. Yeah Well it's -- the interesting part 3 of that California law California addressed the ; 4 application of the product They said you could not =f 5 apply a product in 1976 that contained any amount of 6 asbestos in the spray textures They did not say it : 7 you could not manufacture it nor did they say you 8 could not sell it : ' 9 Q. Sure 10 A. The contractor could not apply it 11 Q. Right And you were still making this 12 product in California you just could not use in 13 California : ; 14 A. That is correct 15 Q. And you could sell it to other places I i 16 guess you could still sell it in California you 4 17 just couldn't use it in California right q 18 A. It could not be applied 19 Q. Yeah but you could sell it to somebody in f i 20 California -- i 21 A. Sure 22 Q. -- they just couldn't use it 23 A. theory you could have We didn't 4 22 Q. No good for them to buy it if they can't i i 25 use it right NELL MCCALLUM & ASSOCIATES INC 713 861-0203 77 Pages 302 to 305 36766920-761c 00045a4bdea Page 306 Page 308 ft 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 222 222 _| 222 A. There was a heavy demand by people for the old product Q. Okay A. But Q. But -- A. The asbestos product the ceiling product that we were -- had selling was very successful was well accepted in California so -- Q. just want to make sure we understand something though California was making -- your California facility was making the spray product with asbestos in it after California had a ban on using those same products in California MR HAZEN Objection form A. I can't say that they actually did They could have but I don't know if in fact they did Q. By Mr. Coon Okay Which facility was making the spray product A. Whatever -- well Hurst Q. Okay A. Right here in Texas Q. We're talking -- wasn't one of the California facilities still making it A. '85 Q. No sir '76 I Different regions of the country preferred different 2 types of products We were in the effort of trying 3 to get all of those other products converted to meet 4 the requirements of those various contractors 5 So there was a difference in how the product 6 was used or accepted in different markets So to 7 keep in mind is however that formulas that were 8 developed in the California deal any material that 9 would have come out of that California facility 10 would have come out at less than half of one 11 percent at the most 12 Q. Okay Well the way I read this the 13 attached memo was that in the other markets like in 14 Tulsa people were trying to get the asbestos 15 ceiling texture and couldn't get it from you guys 16 A. No that's not true 17 Q. Here 18 MR HAZEN What document are you 19 referring to Mr. Giffins 20 THE WITNESS He's referring to KM BB 21 5328. This is dated November 12th 1975. And I -- 22 the first paragraph states In June of this year 23 Bill Freeman Tulsa requested a asbestos 24 product to be available to him since he was losing 25 business on jobs that stated no asbestos In early Page 307 123 A. mean Ontario closed down what 123 '77 123 4 5 6 7 8 9 10 11 12 13 14 Q. huh A. We have to go back and look at his record but I -he- -he- -he- they may have been -- they may have converted to -- to the asbestos product But it would have been -- up until '76 San Carlos and Ontario could have made it But after '76 they probably did not because there was the acceptance of the -- of the ceiling texture product was accepted well in the California markets Q. Okay A. It was not accepted well in the other markets 15 Q. They were able to go ahead and phase out 16 a_nd go into the transition of asbestos for 17 California 18 A. That's correct 19 Q. Why did Moore not go ahead and phase 20 out that same product with asbestosin it in all the 21 other states where the law had not precluded them , 2323 ~~ from selling it yet 2323 A. Well as that indicates that particular 2323 letter to Bill Freeman that there were some samples 2323 being sent to him Now he was in Oklahoma Page 309 fi 1 July 56 backs of asbestos ceiling texture were 2 sent to him for testing Upon his approval of this 3 material Wayne Harp madea batch at Hurst and sent 4 it to Tulsa It is not -- it is my understanding 5 nothing has been done beyond the testing of this 6 = product _- 7 The free products were sent to Tulsa for 8 _ his testing and acceptance by his customers So he 9 had asked for a asbestos product because of 10 specifications And was in the process of that -- I 11 interpret that as in the procesofs evaluating 12 Q. By Mr. Coon Okay Let's get to the 13 next one June '75 This one is KM 1235. This 14 appeared to be the airborne fiber counts at the Paco 15 facility at Los Gatos Where would that be south 16 A. Los Gatos California It's a town 17 of San Carlos 18 Q. Okay I had not recalled us talking about 19 that as being one of the Paco manufacturing 20 facilities 21 A. It's not That was a test That was one 2222 of the tests that was -- it was done in 1975 for 2222 two reasons 24 Q. Okay But it said the test is at -- for 2222 Paco's at Los Gatos NELL MCCALLUM & ASSOCIATES INC 713 861-0203 78 Pages 306 to 309 36766920-761c Page 310 1 A. Paco product at Los Gatosis a city town 2 and it was done on new construction new houses 3 Q. Okay So they went out to where one of 4 the Paco jobs was taking place S A. They went out to a job site where houses products 6 were being built and used Paco 7 thatis correct on those 8 Q. Got it And then the -- the summary and 9 fiber count speaks for itself when you look at the 10 airborne fiber counts I guess at the third and 11 ~~ fourth pages in terms of - 12 A. May I look at it please 13 Q. Sure Do you know what the purpose of 14 going out to actually do a field study of the -- 15 A. Sure do 16 Q. -- asbestos product release would have 17 been 18 A. Sure do 19 Q. What was that 20 A. First of all to further evaluate the 21 Union Carbide product that we talked about earlier 22 that was discussed in 1974. The fiber that had the 23 titanium glued to it 24 Q. Right 25 A. And also to evaluate the fiber -- level of Page 312 123 A. I -- can't tell sir 123 Q. Okay 123 A. But they're the same letter 4 Q. Okay It looks like there were comments Doug S about -- this was to Merrill from Michael Love 6 Mr. Love was a senior loss prevention representative : 7 for Liberty Mutual ; 8 A. Correct ; 9 Q. And he provides an analysis of certain : 10 issues with respect to their asbestos survey report [: 11 MR HAZEN Document number Mr. 12 Giffins 13 THE WITNESS It's KMX 00577 : 14 Q. By Mr. Coon And it talks about the 15 interest in removing asbestos from all the products 16 A. Correct He's talking about our interest 17 _ in -- to remove asbestos from all our products 18 correct 19 Q. And this is back in '75 December of '75 20 A. '75 Correct 21 Q. And then if you look at the two letters 1 22 _guess the question was there -- this letter we have 23 copy of it doesn't have any notes on it and then 24 this copy has two through five embraced in a 25 bracket with a compliance and question mark Do Page 311 Page 313 1 the airborne fiber count of our products And of 2 __ the -- of the ceiling products I should say And so 3 __ this was -- this test was against the Union Carbide 4 material and I believe at that time it was Canadian S - Canadian 6 Q. Okay And -- 7 A. And by the way on those levels I think 8 they were all below the requirement at the time It 9 was five What is -- they're all below five I 10 believe ; 11 THE REPORTER Give me just a 12 second 13 14 15 16 17 18 19 20 21 22 23 MR COON Ready THE REPORTER Ready Q. By Mr. Coon Okay Next we have a December '75 this appears to be another industrial hygiene study I take it that Liberty Mutual would still come out from time to time to determine what the dust count levels were in the plants A. On regular basis yes Q. Okay We also have an August 15 report that may be part of that Is that part of that A. These are both the same letter 24 Q. Okay One copy somebody has written on 25 the other copy looks like it was the file copy 1 you know what that meant 2 A. Somebody's highlighted it 3 Q. Do they know whether or not at this time 4 that these things that were supposed to be taking S place werien fact occurring like making sure 6 operators wore respirators and things like that 7 MR HAZEN Objection form 8 A. If they read the letter December 10th 9 1975 Number 2 says -- well Number 1 says Present 10 local exhaust to be totally inadequate on one of the 11 baggers Okay So that was highlighted 12 Somebody highlighted that for some reason 13 Q. By Mr. Coon Right 14 A. Continue to provide the operator on the 15 dry texture bagger with coveralls This is required 16 to prevent the worker from bringing asbestos home on 17 his clothing Continue -- and this is talking j 18 about continuing this not implementing this , 19 continuing 7 20 Q. Right 21 A. Continue to emphasize that all operators ! 22 must wear appropriate dust masks : 222 MS HAAG Objection to the ; 222 nonresponsive E 222 Q. By Mr. Coon This actually brings up . i aaa RET A OL CUN T Or BOI wa 79 Pages 310 to 313 NELL MCCALLUM & ASSOCIATIENSC 713 861-0203 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 222 222 25 Page 314 something here too When I'm talking about two I don't guess we have to read all of them from a time standpoint but we talked earlier about the clothing issue ; A. Right : Q. And if you look at this it says they were requiring coveralls to prevent the worker from bringing asbestos home on his clothing So apparently there was an awareness Remember we talked about that earlier A. Right Q. About maybe bringing some of it home , A. And it does say continue Q. Yeah A. Which means it was implemented Q. And these are the types of things that were implemented to comply with OSHA mandates in 727 A. huh MS HAAG Object to form Q. By Mr. Coon Okay Next we have -we're up '76 In February of '76 we got another one This is correspondence back to Mr. Love as Liberty Mutual loss prevention representative MR HAZEN Document number Page 316 : I to get asbestos out 2 Q. And then we go to February of '76 this is 3 from Hughland Brinkley To Hughland Brinkley from 4 Mr. Merrill Did you know Mr. Brinkley 5 A. Let's see who does he work for 6 MR HAZEN Number please 7 THE WITNESS Number KM 8 Plaintiff's Exhibit 9 10 11 12 13 14 15 16 17 18 19 20 21 MR COON Ours is 1055 MR HAZEN Thanks A. No I did not know him but he was evidently the director of enforcement for the Bay Area Air Pollution Control District Q. By Mr. Coon Okay A. So he would have been an EPA person Q. And what was the purpose of that letter A. To reconfirm -- let's see Please be advised that we use asbestos in the course of our operation which may be considered an emission source under Regulation 8 Emission Standards for Hazardous Pollutants 22 He's advising the governmental agencies in San 23 Francisco that we are using asbestos and that they 24 needed to be aware it may fit under Regulation 8. I 25 think he's being right up front telling them come Page 315 1 Mr. Giffins 2 A. It's -- well -- oh KM 3 Well that's Plaintiff's Exhibit Is that okay 4 Q. By Mr. Coon Ours is 1053 S MR HAZEN Thank you 6 A. And this is captioned Asbestos Handling 7 ~~ Recommendations for San Carlos Factory 8 Q. By Mr. Coon This is the one in 9 California correct 10 A. That is correct ; 11 Q. And it talks first paragraph In reply to 12 your letter which is the letter from Mr. Love 13 correct . . 14 A. This is from Doug Merrill to Mr. Love who 15 is the senior representative of Liberty Mutual 16 Q. Yeah 17 A. And he says In reply to your letter of 18 December 10th 1975 I would like to report that we 19 have now been successful in eliminating asbestos 20 completely from our texture products We are . 21 continuing our work along this line on joint 22 compound products 23 Q. Okay 24 A. As said between '72 and '77 there were 25 236 formulas that they worked on to rework that -- 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 222 222 25 Page 317 out and take a look Q. Okay THE WITNESS CanI take a break MR COON Sure THE WITNESS My bladder is about ready to -- plus I -- a THE VIDEOGRAPHER Going off the record at 6:15 record A recess was taken THE VIDEOGRAPHER Time is 6:22 Back on the Q. By Mr. Coon Next we have 1127 Mr. Giffins we have a March 18 '76 letter from Liberty Mutual to the Denver facility of Moore - it's one we talked about earlier -- that made Paco products correct A. Yes they made joint compounds Q. Okay And we had industrial hygiene study for that facility showed -- I can go back here to page -- let me see the reports Okay Here is our reports of findings The range was from one to five fibers per milliliter in the areas they tested A. Excuse me can I see this a minute Q. Sure A. Okay NELL MCCALLUM & ASSOCIATES INC 713 861-0203 80 Pages 314 to 317 36766920-761c Page 318 12 Q. Okay AndI think at that time the OSHA 2 _ standard was still at five 3 A. No. This was dated in March of '76 4 Q. Oh it's gone down to two 5 A. Two I believe that's correct 6 Q. So do you know what was addressed at that 7 facility with respect to trying to get back into 8 compliance with the reduction of the OSHA 9 permissible level from five to two 10 MR HAZEN Objection form 11 A. No I don't Wait I have to go back and 12 read that in total 13 Q. By Mr. Coon Okay 14 A. And then the follow report 15 Q. I think this -- okay Is there an 16 attachment to this that shows what they did 17 A. I don't know I need to see the whole 18 thing 19 Q. Well -- 20 A. San Carlos 72222 Q. Okay There is another attachment then 72222 Could this have been a separate inspection 72222 A. This was conducted in January of '76 72222 Q. Right 72222 A. Per conversation you indicate that this Page 320 | 1 A. As I said earlier there were inspections | 2 done in this as a result of -- in line with OSHA's . 3 requirements but that did not preclude that there E 4 were not inspections by these people prior to the : S OSHA deal : 6 Q. Okay Next we had a document dated July E 7 ~~ '76 This is Document 1118. It's dated July E 8 15 1976 from the National Resource Defenses 9 Council Are you familiar with that organization f 10 A. have seen -- I have seen this yes sir H 11 MR HAZEN What's that KM number 12 please Hi 13 A. KM BB 5428 5 14 Q. By Mr. Coon It talked about increased 4 15 risk of cancer from working around drywall repairs k 16 and want to ask you a couple of questions on that 4 17 The products that were made by Paco sheetrock Hl 18 repairs or for sheetrock tape and floating and 19 _ things like that could those be used for repairs as 20 ~~ well as for new construction 21 A. huh Sure could 22 Q. Do you know whether or not any testing was 23 done by Moore in houses or remodeling or F 24 something that was taking place just to see as an E 25 example what would happen if you were removing the Page 319 : Page 321 123 department was closed down all operations April 123 first of '76 123 Q. As for the Denver facility correct 4 A. That is correct S Q. But you have an attachment back here -- 6 A. All right This is the -- this is the 7 findings the survey and -- 8 Q. And the numbers we just discussed 9 .A Right 10 Q. And I had all this as one document but is 11 there a separate industrial hygiene study of the San 12 Carlos California facility 13 A. Well this says San Carlos I don't know 14 how that got to be on there 15 Q. I don't either but it appears there was a 16 separate study of the San Carlos facility same kind 17 of deal industrial -- 18 A. Well would have because it was done on a 19 regular basis 20 Q. Okay 21 A. Yeah 22 Q. Okay So you had a number of these that 23 went on from the time OSHA was implemented in '72 24 ~~ for the duration of time they continued to make 25 asbestos products at the various Paco facilities 1 old sheetrock or the old tapes and floats 2 A. I don't think there was testing I really 3 don't recall I really don't I am very -- am 4 familiar with the Los Gatos test S Q. There was some with respect to new i 6 construction i 7 A. That is correct 5 8 Q. Okay Ki 9 A. Now -- okay Fair enough d 10 Q. Okay Next we had another memo here E 11 This one is BB 5463. It's ours 1161. This was i ; 12 dated October '76 again from Mr. Merrill And this 13 was to Frank Scaggs H 14 A. Scaggs He was the -- I believe the : 15 district sales manager for the Northwest at that " 16 time for the Portland Oregon area 17 Subject is asbestos ceiling texture : 18 Q. Okay g 19 A. And it's KM BB 5463 H 20 Q. Okay Basically talks about one Bs 21 acknowledgment that they have asbestos product J E 22 in California Hawaii and Utah for the customers 23 there correct 24 A. It says We have all of our Califomia 25 Hawaii Utah customers using our asbestos NELL MCCALLUM & ASSOCIATES INC 713 861-0203 81 Pages 318 to 321 36766920-761c Page 322 1 ceiling texture products . 2 Q. Right Now we talked about California 3 Did Hawaii and Utah have the same type of ban as 4 California - : 5 A. No. . 6 Q. Do you know why they had the Hawaii -- why 7 they --- why Moore had Hawaii and Utah on a _ 8 asbestos ceiling texture along with California 9 A. Again it was -- would have been a 10 customer preference at the time 11 Q. Okay Just a matter of converting the 12 customers in those states to asbestos 13 A. . Have you ever dealt with a painting 14 contractor when you try to give them something new 15 It's not that easy 16 Q. Okay So the -- the Hawaii and Utah 17 customers were a little more pliable 18 A. Evidently Now the thing thatI think is 19 important about this letter is he's writing Frank 20 Scaggs in Seattle and telling him hey we have 21 these products available and even though state 22 agencies in the northwest have not taken a strong 222 stand on asbestos I am sure that day will come 222 So he's taken the initiative to let him know ' 25 that he better try to do something about getting 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 Page 324 A. I believe I have seen this but I -- it's : just not coming right up on the register now Q. By Mr. Coon I didn't see an IH study : that was precipitating this Do you know whether or q there not was any particular industrial hygiene study done by Liberty Mutual or someone else that i lists -- i A. This was done by OSHA This is in i response to an OSHA inspection i Q. So we know that OSHA came out and did an : inspection found a number of failings and this is a : memo that resulted : A. OSHA E MR HAZEN Objection form Go ; ahead : : A. OSHA had complete -- they governed the workplace so they could go into any plant they want : Q. By Mr. Coon Do you know what would have : precipitated the visit from OSHA A. No generally they show up on -- whenever they want Q. Okay One of the comments here the recommendations was to again reduce or eliminate asbestos content in the ceiling texture So they were still making ceiling texture with asbestos at Page 323 Page 325 123 them converted to the asbestos product To me 123 _ that's the important part of that letter 123 Q. Okay They anticipate the other states 4 reacting in a manner similar to California and 5 banning asbestos products 6 A. No I think they anticipated that the deal 7 on asbestos would get even stronger and that was , 8 dated in what '75 9 Q. Yeah '76 1 2 3 4 ~~ 5 6 7 8 9 the Hurst facility at that time A. Yes They could have That's what they explained and he's suggesting they use SWP I believe . Q. And do you know when they -- did they eventually convert to an SWP A. SWP was tried I don't know when it --- how -- there but it was - stuff didn't work as well 10 A. '76 yes 11 Q. And again encouragement to shift to 12 asbestos ceiling textures 13 A. Correct 14 Q. And next we have October 19 '76 another 15 Paco Textures memo Doug Merrill This one is to 16 Wayne Harp And it talks about asbestos exposure 17 problems at Hurst Now Hurst was the Texas 18 facility right 19 A. That is correct 20 Q. Have you seen that document before 22222 MR HAZEN Document number 22222 Mr. Giffins please 22222 THE WITNESS Oh I'm sorry KB -- KM 22222 BB 5743 22222 MR COON It's our Document 1130 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Okay They did eventually convert to something that was asbestos free correct A. No they stopped making it Q. Okay Just stopped making it -- | A. Yes sir Q. at the Hurst facility A. That was dated what '76 Q. Right So you just quit making it at the Hurst facility A. Yes sir Q. But it was still being made asbestos free elsewhere in California Didn't y'all continue to make ceiling texture . A. We did -- would you ask me that question again Q. Sure Did you continue to make ceiling NELL McCALLUM & ASSOCIATES INC 713 861-0203 82 Pages 322 to 325 36766920-761c 00045a4bdea7 Page 326 12 texture after the late 70s 2 3 4 5 6 7 8 9 10 A. Where Q. Anywhere Did any of your facilities make Paco ceiling texture A. When you say late 70s are you talking prior to '77 or are you talking after '77 Q. Well even at this time '76 where were they making -- were they making any Paco asbestos ceiling texture A. In California 11 Q. Right 12 A. And they may have been making some there 13 but they were also making non -- they were also 14 making the asbestos one 15 Q. And how long did they continue to make an 16 asbestos ceiling texture at any facility 17 A. How long 18 Q. Sure 19 A. Probably until we shut the operations down 20 in 1982 21 Q. Okay Okay This is another one This 22 ~~ is dated January 27 '77 ~- 23 Counsel 1050 24 Another one from Mr. Merrill This is to Dean 25 Pohlenz Where does Mr. Pohlenz work at Page 328 1 Harrison's & Crosfield Pacific Inc. It's dated : 2 November 9 '77 It's an invoice date . d 3 A. Correct 4 Q. It indicated that a load of 480 bags of S asbestos -- ; 6 A. HPO 7 Q. -- was shipped to Paco Textures in San H 8 Carlos California correct i 9 A. Correct : | 10 Q. And down here at the bottom it says For 11 resale 12 A. Correct 13 Q. Do you know who they would have resold : 14 that to or what that meant i 15 A. They were the local distributor for Union : 16 Carbide f 17 Q. That company was ; 18 A. That was yes 19 Q. Okay 20 A. And when they sent -- you send anything to 21 manufacturer who is going to reuse that raw 22 material in a product that they then sell they do 23 not charge a sales tax and that's what the purpose 4 24 of this - I assume it's for resale because that i 25 normally is what shows up on invoices where the E Page 327 12 A. Dean worked in Hurst I believe This is 12 monitoring of asbestos exposure dated January of 3 '77 4 Q. Okay 5 A. It is my understanding that Continental 6 Insurance Company will do outside testing for 7 asbestos exposure They're located duh duh duh 8 duh Dallas Phone number is such and such Please 9 them and have the Paco plant checked after the 10 modification to the baggers has been completed 11 Q. Okay Was thisa follow to the 12 previous OSHA inspection at that facility 13 A. I would have believed so This is January 14 of '77 It refers to OSHA will run the test 15 Q. And what else did it say 16 A. He says But I'm afraid they may spot 17 something else 18 Q. Okay 19 A. I think that was more tongue than 20 = anything 21 Q. am going through some of these I think 22 that we don't need to ask about in mind of the 23 hour 23 Okay I had a question on this one This one 25 is KM BB 0386 our number is 1159. It says ff Page 329 1 product is going to be used in manufacture or to be i 2 resold i 3 Q. Do you know whether or not in this set of 4 circumstances Paco just resold the same asbestos S provided to them from Harrison's elsewhere 6 A. I don't know that 7 Q. Would they have been using asbestos in 8 that quantity in 1977 at the San Carlos facility g A. How many bags 10 Q. 480 11 A. Yeah Sure 12 Q. Okay Was this for the -- 13 A. Now you have to remember this is that 14 material that -- what's the date on this again a 15 Q. 11-77 : 16 A. Let me see I can't read My eyes are i" 17 getting -- failing me ; 18 Q. Yeah i 19 A. When you get past 63 things start to H 20 happen : 21 Q. November 9 1977 Mr. Giffins i 22 A. This was the material that was tested in P 23 part in the Los Gatos testing 24 Q. Okay Do you know whether or not : 25 Moore through any of its Paco divisions ever i NELL MCCALLUM & ASSOCIATES INC 713 861-0203 83 Pages 326 to 329 36766920-761c 123 123 123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2222 2222 2222 2222 Page 330 Page 332 | did resell the asbestos that they had bought in bulk for use in the various Paco or Paco products A. I'm not aware of that and I don't believe they did that Well again I'm not aware of it 123 | 123 123 4 who the person that signed that -- Mr. Stubbs A. Svend Stubb yes Q. And that was to Mr. Moore A. That is correct Q. Okay Here is one This is 1169 dated January 16 '78 from Mr. Wiseman to Mr. Stubb acknowledges the Hurst plant has ceased production of containing materials for Paco A. That's KM BB 4991 MR HAZEN Thank you A. Subject production of asbestos Paco 5 Q. President of the company still 6 A. -- yes sir 7 Q. Okay And it said The ban on the 8 manufacture of containing joint compounds 9 is now in effect And they're talking about The 10 Consumer Products Commission ban 11 A. Consumer Products Safety Commission ban 12 That is correct products and the Hurst plant has ceased the production of containing products for Paco with the exception of texture paints and ceiling paint -- and ceiling texture Q. By Mr. Coon Now was that in response to the additional changes with OSHA regulating further restrictions on the use of asbestos products 13 14 15 16 17 18 19 20 Q. Our plants manufacture only asbestos formulas now Right A. On joint compounds Q. Right Says We now have less than six months to dispose of containing joint compounds in stock at our stores A. That is correct A recent inventory of all stores showed current stock of A. Well as you recall we decided in '77 not to make - to get out of the asbestos business Q. Right A. Texture paints were excluded from OSHA and EPA They were not part of that ban So we were 21 containing material to be 282,000 pounds of 22 Dry Powder and 7,580 containers of Ready We 23 _ plan to take another store inventory on 4-1-78 and 24 then make plans for disposing of any 25 containing material left in stock Page 331 1 still able to make those products What he's saying 2 here that we are out of the production of 3 _ asbestos in the joint compounds but we're going to 4 -- with the exception of the texture paints and 5 ceiling texture which was excluded from either 6 OSHA or the Consumer Products Safety Commission 7 ban they were going to continue to make those 8 products 9 Q. Okay Now the Consumer Products Safety 10 ban took effect what was that January of '78 11 A. Yes No. July of -- 12 Q. July of '77 13 A. I think it was July of '78 No June 14 They --- they put the ban out effective January the 15 12th I believe of '78 and said you could no 16 longer make it and distribute it But you had six 17 months from that point on to -- the stores had that 18 time to sell out their inventory which took you 19 through June or July of '78 20 Q. Okay And I don't have those particular 22222 consumer documents in front of me I don't believe _ 22222 but I did want to make sure I understood something 22222 And that takes us to the next document This is 22222 1233. It's dated January 23 '78 another 22222 Moore memo This one is from -- can you tell Page 333 : l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The ban said -- so there was no hardship on manufacturers or the retailers the ban said you cannot make it after 12th of January but any that's in the field any that's out in commerce can be disposed of up through June of '78 Q. Okay A. June 16 I think of '78 MR HAZEN Brent at this time I think we have already exceeded the limit What I'd like you to do for me is let's take five minutes break maybe look at your documents tell me how much longer you think you need MR COON I need about an hour but _ I can wrap up in a couple minutes MR HAZEN You want to take a minute to look at them and peruse them and that way maybe we can -- you can M MR COON I'd rather just go through them MR HAZEN Determine what you need MR COON I think we can just go right forward If you want to go ahead you're welcome to 24 25 MR HAZEN Why don't we just take a couple min -- maybe two or three minutes NELL MCCALLUM & ASSOCIATES INC 713 861-0203 84 Pages 330 to 333 36766920-761c Page 334 # Page 336 12 12 3 4 S 61 MR COON That's fine MR HAZEN Maybe that will speed it -- you can take a look at it make sure of the ones you want to cover and then we will come back and we will talk about how much longer you need MR COON That's fine 7 THE VIDEOGRAPHER Going off the 8 record at 6:42 9 A recess was taken 10 THE VIDEOGRAPHER Back on the 11 record The time is 6:48 12 Q. By Mr. Coon Mr. Giffins we have 13 Document 1091. This is December 22 '77 a letter 14 from Mr. Myers as marketing manager to Doug 15 Merrill But it basically talks about the ban 16 taking place from the Consumer Safety folks I 17 believe 18 A. Yes 19 Q. Wasn't that from the Consumer Products 20 Safety Commission 21 A. No it was about that -- it's from 22 Mr. Myers marketing manager for Calidria Asbestos 23 which would have been Union Carbide 24 Q. Okay And it just kind of gets them up to 25 speed on the ban and the language contained in the 1 hearing procedure This involves the following 2 steps This was dated in May of 1977 which talked 3 about the proposal 4 MR HAZEN The document number 5 please 6 THE WITNESS Document number KMX & 7 01964 8 MR HAZEN The first one there q 9 THE WITNESS You want his : 10 MR HAZEN Yes 11 THE WITNESS Oh I'm sorry KMX f 12 01963 is ours 13 MR COON Scott ours is 1093 14 MR HAZEN Okay 1093 i 15 Q. By Mr. Coon Okay So anyway we could : 16 go back through some of these other documents and 17 see a line of letters from Union Carbide to 18 Moore that was apprising them of the -- or 19 keeping them updated with respect to the proposals 20 with the ban 21 MR NANTZ Objection 22 MR HAZEN Objection form 23 A. That last letter had to do with the 24 proposal talking about the proposal And then the 25 following letter in December indicated that this is Page 335 1 ban and how it would relate to some of the product 2 lines 3 A. He's saying because of the extensive 4 publicity and since we have attempted to keep many 5 of you directly informed okay we're going to give 6 you this information and it's -- and it talks about 7 the ban 8 Q. Okay And the ban had actually been 9 proposed for some period of time before it actually 10 took place right all through '76 '77 11 A. Yeah This is dated December 22nd and 12 the ban for manufacturing took place the following 13 took about two weeks later 15 20 days was to 14 go in effect after that 15 Q. Right But -- 16 A. We already were well aware 17 Q. Yeah they were well aware In fact I 18 had other documents I haven't gone back to with you 19 but there was correspondence back in May of '77 20 discussing same issues in this document I 21 think 1093. Again same type of information isn't 22 it just keeping everyone abreast of what had and 23 _ had not been banned and what the Consumer Product 24 Safety Commission was working on 25 A. This is talking about the proposal and Page 337 12 what the proposal was -- how it was finalized 12 That's how Iinterpret those letters 3 Q. By Mr. Coon Sure May says -- 4 MR NANTZ Objection 5 nonresponsive 6 Q. By Mr. Coon -- here is what they're 7 proposing December letter says here is what the ban 8 actually is now that the statute is done complete 9 We know what we're dealing with 10 MR NANTZ Objection form f 11 A. That's how I interpret it yes H 12 Q. By Mr. Coon And it advised that there 13 was going to be a ban on shipping certain products 14 manufactured after January '78 and then you 15 couldn't sell them after June '78 I think is what 16 you testified to the earlier 17 A. That's what I indicated earlier yes 18 MR NANTZ Objection form 19 Q. By Mr. Coon Okay So that's 20 consistent with the language of the ban 21 MR NANTZ Objection form i 22 A. Indicating 23 Q. By Mr. Coon Now we were talking about 24 after the ban took place which is after the statute 25 _ is passed the memos of Moore in the following NELL MCCALLUM & ASSOCIATES INC 713 861-0203 85 Pages 334 to 337 Page 338 123 spring and summer which is how did they deal with 123 the products that were now subject to the ban 3 And so that I'll understand when the Consumer 4 Products Safety Commission came out with the ban on 5 some product lines it impacted Moore with 6 _ respect to some Paco product lines 7 A. The joint compounds 8 Q. The joint compounds 9 A. That's what they addressed only was the 10 joint compounds 11 Q. And it was Moore's understanding 12 that as a result of this new statute that there 13 would be an inability for them to continue to sell 14 -- to manufacture or sell that product after a 15 certain time in 1978 16 MR HAZEN Objection form 17 A. The ban was very explicit You could not 18 manufacture input into commerce anything after I 19 believe 12th of January and that you had then 20 -- had until June 16th of '78 to sell out the 21 inventory that was in the field 22 | Q. Coon Okay Well let's talk 23 about those two dates With respect to January of 24 '78 this is the time when you cannot ship anymore 25 back out from the manufacturer Page 340 ff 1 purpose of the ban was it not 2 A. There was a concern about that product 3 and the effect when sanding it yes 4 Q. Okay And nonetheless as I understand 5 even though these findings were made and the ban 6 was put into place Moore did abide by that 7 law by discontinuing the manufacture of an 8 containing joint compound correct 9 A. Correct 10 Q. But they also did continue to sell that 11 product at their local stores for the duration of 12 the time that the statute allowed them to which was 13 June 12 1978 14 15 16 17 A. That is correct Q. And do you have any idea how much product Moore sold of those joint compounds from the January 16 manufacturing off date to the June - 18 19 12 '78 no -A. Before I answer that can I -- 20 Q. Yes sir 21 A. I'd like to make a point If you read the 22 Consumer Products Safety Commission ban they're 23 very emphatic about stating that they understood the 24 impact on businesses by prohibiting the sale or 25 cleaning out of the inventory and it did not want Page 339 1 A. Ship it out from the manufacturer 2 Q. From the manufacturer That's the 3 dead date for getting it out of the 4 manufacturer's facility 5 A. Whatever that date is the 12th or 16th 6 That was the -- 7 Q. January 16th 8 . A. Right 9 Q. Okay But for stock that had already been 10 sent to Moore's shelves these same joint 11 compounds that were now banned Moore could legally still sell them up through June 12 of 1978 13 A. That is correct Q. Couldn't get anymore shipped to you from any of the Paco facilities after January 16th but you could still sell what you had on your shelves 16 A. Correct Q. Or your inventory you know behind the 18 counter or whatever right 18 A. What was already in the pipeline in 20 theory yes you could Q. Okay Now Moore did understand that the Consumer Products Safety Commission had banned these products as a potential health hazard 1212 to those people that were using it That was the Page 341 & . 1 13 15 2017 19 20 222 24 25 25 to do anything -- it wasn't just Moore it was the whole industry -- to destroy the economic situation So they were very emphatic that they give - they were going to give everybody time to , sell it out . They also said however thaitf they had felt at any point from JanuaryJanuary through June that there was an issue that warranted immediate discontinuance and suspension of the sale of the product they were ability in the to control that and they -- they did not -- they had that ability to stop it right then but they said in all fairness we're going to give you the six months to clear it out Q. And you believe that Moore would have suffered a serious economic hardship by not being able to sell or deplete the remaining stock on their shelves A. don't know I mean there would have been economic hardship on how to dispose of the product if you had no source to get rid of it Serious I don't know if I'd use that terminology but we were -- we and everybody else in the industry functioned exactly -- I know we did Okay We did everything we were supposed to do based on the guidelines that were established nga REST RET 2 Nie EET TT EDO et 86 Pages 338 to 341 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 00045a4bdea7 Page 342 Page 344 12 Q. Okay Do you know whether or not Moore went 12 took any initiatives after the ban 3 into effect -- 4 MR HAZEN Objection 5 Q. By Mr. Coon -- in January 1978 until 6 1 the time they quit selling the product in June 1978 7 to provide any additional notices or warnings to 8 those purchasers of the products of one -- that's 9 the predicating question -- one that the product 10 had been banned by the Consumer Product Safety 11 Commission Do you know if those types of notices 12 went out to any of the purchasers 13 MR HAZEN Objection form 14 A. Between January and June -- 15 Q. By Mr. Coon Right 16 A. -- of '78 17 Q. Right You quit manufacturing it -- 18 A. Right 19 Q. -- but you could still sell it until June 20 A. Correct 21 Q. During that time frame that those products 22 were still on your shelves did Moore provide 222 any types of additional notices to the customers 24 that this was a product that had now been banned for 25 use 1 Q. To your knowledge -- to your knowledge 2 though you didn't go out and put any stickers on 3 the products that were still in the shelves advising 4 them of the ban correct 5 A. Well it already had the sticker on it 6 Q. No advising -- advising the purchasers 7 that there was now a ban on this product 8 A. No. I haven't seen anything of that but 9 it did have the asbestos the caution warning on it 10 Q. The same one we looked at on the other 11 box 12 A. Yes sir 13 Q. Okay What happened to the product that 14 was still on the shelves in June that Moore 15 had been unable to sell for whatever reasons 16 A. That product that was regulated under the 17 Consumer Products Safety Commission ban the joint 18 compounds were returned to the factory 19 Q. And what did the factory do with them 20 A. They disposed of them in accordance with 21 whatever the regulations were for disposal 22 Q. Do you know what the regulations for 23 disposal of those products were 24 A. Basically it said that you would put the 25 material in a tight container take it to the land Page 343 12 A. There was information that went to the 2 _ stores that indicated what the ban involved and as 3 result of that what was to happen what was to 4 transpire from January through June went to the , 5 stores 6 7 _ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q. For the edification of the managers and employees of the store - A. To keep them Q. -- right A. -- informed yes Q. Right Was there anything done at Moore to advise the purchaser of the products that these were products that had now been banned by the Consumer Safety Product Commission A. I can't answer that sir Q. Okay Do you have any information to indicate that such information was relayed A. have not seen anything that was formal information that would -- in that particular case Now there was other cases where our customers were advised as to the removal of asbestos in our 22 _ products over a certain period during the 70s We 23 did send out information advising that As related 24 to this specific issue I -- I don't -- I can't say 25 have not seen it Page 345 1 --to --to the dump to a landfill and put papers 2 together indicating how much you were taking to the 3 landfill give a copy of it to the EPA or the 4 government take a copy of it to the landfill and S have it buried 6 Q. It was treated as a hazardous waste 7 A. It was buried within -- they said in 8 minimum of six inches of soil on top 9 Q. Right Had to be treated like a hazardous 10 waste in compliance with EPA regulations for the 11 = disposal of hazardous materials correct 12 A. have been involved with the disposal of 13 hazardous materials as paint is classified and to 14 me -- this was hazardous waste disposal but they 15 even allowed you to put it in sealed bags and put 16 it in the ground I don't know if that's safe or 17 not 18 Q. I'd asked you a question on this and this 19 may answer it This is 1233 dated January '78 The 20 question I had had was did you know how much i 21 product you still had on the shelves after you could E 22 not manufacture it anymore I think this 223 Mr. Stubb's letter again this one to Mr. Moore 223 A. He's sending it to Mr. Moore the 25 __ president telling him the ban is now in effect and NELL MCCALLUM & ASSOCIATES INC 713 861-0203 87 Pages 342 to 345 36766020-761c Page 346 1 our plants manufacture only asbestos formulas 2 Q. Okay And then in the second paragraph it 3 gives them -- tells Mr. Moore how much of the 4 containing material they still have in the 5 shelves 6 A. This was initially indicating what the 7 inventory was at that time in January yes or 8 about thereabouts 9 Q. So we had 282,000 pounds of the Dry Powder 10 and 7580 pounds of the Ready 11 A. 70 - no 77,580 containers 12 Q. Oh containers of the Ready 13 A. That would have been individual units Page 348 j 1 Q. And so when was the last time that Paco 2 made containing materials 3 A. Late -- it was '77 or early '78 4 Q. And in compliance with the Consumer Safety 5 Products mandate 6 A. That was in joint compounds 7 . Q. > Okay 8 A. Again we could have continued to make the 9 textures with asbestos in it in areas other than 10 California We elected not to do that sir 11 Q. Okay Did they quit making the joint 12 compounds and the texture at the same time -- 13 A. No. 14 15 16 17 18 19 20 21 22 23 24 25 _ Q. One gallon and five gallon A. Could be yes Q. Or how big were the containers for the Ready A. They could be gallon or they could be the five gallon Q. Okay A. That large cardboard box that you were looking at earlier Q. So we know that there was this amount still on the shelves at Moore when the ban went into place 14 Q. -- that had asbestos in it in late '77 15 A. I don't really know I would have to go 16 back and look at the various production records 17 THE VIDEOGRAPHER Excuse me I -- 18 MR COON That's all right I have 19 no further questions sir Thank you 20 MR HAZEN We will reserve our 21 q_uestions until time of trial 22 MR COON Anybody 23 THE VIDEOGRAPHER Going off -- I'm 22 sorry I need to go off the record Going off the 25 record at 7:02 Page 347 123 A. Correct 123 Q. And do we know how much of that was sold 123 between January and June 4 A. Oh I would say a fair amount because 5 what was returned was a quantity -- we know how much 6 was returned mo 7 Q. Okay And how much was returned 8 A. Oh man I just looked at that I just 9 added that number up the other day I don't recall 10 It's in my notes I don't recall I just added it 11 up . 12 Q. Okay Was that the last the 13 manufacturing of containing joint compounds 14 _ by Moore and the Paco entity 15 A. As far as joint compounds 16 Q. Yes sir 17 A. It would have had to be 18 Q. And was - what products were still made 19 after the Consumer Products ban that would have 20 contained asbestos 21 A. You could have still made -- except in 22 = California you could have still made the ceiling | 1323 and wall textures 1323 Q. And 1323 A. We elected not to do that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 122222 122222 122222 122222 122222 ERRATA SHEET Page 349 fF . DEPOSITION OF HERBERT R. GIFFINS MAY 31 2002 - PAGE LINE CHANGE REASON Signature Date NELL MCCALLUM & ASSOCIATES INC 713 861-0203 88 Pages 346 to 349 36766920-761c Page 350 GIFFINS 1 I HERBERT R. have read the signature deposition foregoing 2 foregoing deposition and hereby affix my signature 3 that same is true and correct except as noted on a : signed 4 separate page and signed by me S 61 7 HERBERT R. GIFFINS 8 9 THE STATESTATE OF TEXASTEXAS 10 COUNTY OF HARRIS 11 this 12 Before me on this day personally appeared 13 HERBERT R. GIFFINS known to me 14 proved to me on the oath of or 15 through to be the person whose name is 16 subscribed to the preceding instrument and 17 acknowledged to me that she executed the same for 18 the purposes and consideration therein expressed 19 Given Given under my hand and seal of office 20 this day A.D. 21 22 22 Public Notary Public 22 25 1 No. 04769750 which the clerk of the court must tax as costs 2 That pursuant to information given to 3 the deposition officer at the time said testimony was taken the following includes all parties of 4 record The names of said attomeys have been provided $ by counsel and are on file at the office of the court reporter P of That a copy this certificate was T served on all parties by serving same through their attorney of record pursuant to Rule 203.3 TRCP on 8 the day , 2002 9 I further certify that I am neither counsel for related to nor employed by any of the 10 parties in the action in which this proceeding was taken and further that I am not financially or 11 otherwise interested in the outcome of the action 12 Further certification requirements will be certified to 13 occurred 14 Swom to by me on the _ day of 328 328 328 18 19 8280 8280 8280 8280 ** ** 2002 Kathy Miller CSR No. 739 CertificateCertificate Expires 12/31/2002 5300 Memorial Drive Ste 600 Houston Texas 77007 Phone 713 861-0203 Fax 713 861-2324 Page 352 4 ; $ : 1 NO 374 2 WILLIAM L. COTTON ET AL ) IN THE DISTRICT COURT OF ) 3 VS. 4 ) : } JEFFERSON COUNTY TEXAS } A.P. GREEN REFRACTORIES ) ; S COMPANY ET AL ) 60TH JUDICIAL DISTRICT . 6 NO 41,862 7 SUTTON } THE DISTRICT COURT SUTTON ) R ) VS. ) HARDIN COUNTY TEXAS ACand 9 ) ACand , IINNCC ET AL 356TH JUDICIAL DISTRICT 10 . 11 REPORTER'S CERTIFICATIONCERTIFICATION 12 DEPOSITION DEPOSITIONONHERBERT GIPFINS TAKEN 13 L. Kathy Miller CSR Certification No. certify followingfor in 14 739fol owing the State of Texas hereby certify to : 15 witness duty sworn witness transcript of the 16 HERBERT deposition oral deposition is a true record of the testimony 17 given by the witness 18 That the deposition transcript was 2002 submitted submitted examination to Mr. Scott 19 Hazen for McCallum McCallum Associates, retur,n the 82 21 . 2002 time That the amouofntit me eabyceahch party at the deposition is as follows 22 Attomey for Plaintiffs 6.22 hours Mr. Brent W. Coon is 23 That deposition $ is the deposition original 24 officer's charges for preparing the original deposition transcript and any copies of exhibits 25 charged to Mr. Brent W. Coon Texas Bar Association Page 351 1 NO 150,374 WILLIAM L. COTTON ET AL ) IN THE DISTRICT COURT OF 2 } 3 VS. } ) JEFFERSON COUNTY TEXAS ) 4 A.P. GREEN REFRACTORIES } COMPANY ET AL ) 60TH JUDICIAL DISTRICT S . NO 41,862 6 SUTTON AND ) THE DISTRICT COURT SUTTON 7 VS. ) ) JHARDIN JHARDIN COUNTY TEXAS 8 ' ACandS INC AL 356TH JUDICIAI DISTRICT 9 FURTHER CERTIFICATION UNDER RULE 203 TRCP 10 changesChanges Signature deposition was not returned to Theoriginal 11 the deposition 12 If officeorn the Signature 2002 and returned page contains any changes and the reasons therefor 13 If returned the original deposition was 14 delivered to deposition Custodial Attorney 15 That $ is the deposition officer's charge to Mr. Brent W. Coon for preparing the 16 original deposition transcript and any copies of exhexihbibiittss 17 That the deposition was delivered inaccordance 18 with Rule 203.3 and that a copy of this certificate was served on all parties shown herein and filed 18 with the Clerk 18 Certified by me this day of 2002 22 22 23 KATHY MILLER CSR RMR CRR Texas CSR No. 739 Exp 12-31-2002 24 Nell McCallum & Associates Inc. 5300 Memorial Suite 600 25 Houston Texas 77010 Page 353 Se EES ETL 89 Pages 350 to 353 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 36766920-761c 00045a4bdea Page 1 A abide 340 207 214 215 216 218 220 acoustic 296 297 acquire 114 125 159 228 again 37:19 42:22 45:13 54:13 59 Abilene 62:17 ability 43:24 51:20 138 259 264 284 10,11 223 224 225 228 229 1,12,15,19 236 236 6,12 acquired 11:23 16 40:16 18,24,25 4,16 74:17 79:25 13,25 103 additional 20:12 49 101 110 123 124 137 157 207 222 64 2,9 67:14 97:17 98:25 101 103 107 110 126 137 158 able 3,4 76 144 172 203 229 232 235 261 277 294 303 4,23 307 331 341 about 10 14 16:14 16:17 17 18:15 20:10 9,21 23:23 3,4,5 7,171,11 28:19 19,23 32:19 32:20 35 36 16,18,19,23 242 1,4,21 248 250 252 20,23,23 255 9,15 7,21 5,15 13,19 266 19 267 268 13,15,16,18 11,15,22,23,25 270 273 282 282 284 289 290 292 104 105 110 112 114 114 122 128 128 207 12,13 238 acquiring 92 acquisition 38:11 50 15,16 104 15,17 128 207 acquisitioned 112 20 112 222 231 260 14,17 270 271 5 272 277 282 291 292 296 298 303 330 342 342 additive 145 address 1,3 13 24,25 addressed 96 13,14 278 283 287 2,16 161 165 178 184 13,17,22 186 186 4,11 aa 188 202 merce 203 204 205 rae ene 15,20,21 210 210 213 217 cea rea 224 7,22 242 246 3p erasry 24,24 252 256 269 37:14 38 39:10 3,6 43 44 20,22 49 51 51:13 9,12 53:20 3,9 56:17 8,19 58 59:18 61 64 64:24 65:15 11,17 67:24 68:23 16,18 70:24 73 74 22,23 76 78:24 79:10 3,6,22 17,19 16,22 86 87 88 92 94 4,19 96:10 7,14 2,22,23 101 107 108 3,5,6,9 111 . 2,3,4,20 295 8,11,17 296 297 298 302 309 310 312 14,16 313 1,3,10,12 317 317 320 321 2,19,25 323 327 332 333 5,15,21 6,13,25 3,24 337 338 340 340 346 above 1:17 28 147 abreast 259 335 ACandS 9 351 353 | Act 283 action 277 352 352 actions 228 286 active 251 activities 60 274 actual 33:23 84:10 95 119 181 273 actually 42:11 50:10 51:19 71:13 11,19 81:25 84 87:20 89:23 16,17 16,17 93:23 106 116 125 127 139 140 153 173 181 303 304 305 318 338 addresses 273 302 addressing 299 302 adhered 233 advancement 289 advertising 34:25 35 advise 6,25 343 advised 273 316 337 343 advising 259 19 269 293 316 343 3,6,6 affect 278 affix 350 286 299 Ysera 321 322 323 324 325 329 330 335 345 348 against 311 agencies 316 322 ff aggregate 87 89 138 aggregates 139 ago 11:18 31 37:15 1,3 20,21,24 46:16 73:10 213 258 agree 42:13 175 191 194 264 270 281 10,14,16 117 16,19 121 122 124 129 acceptable 259 acceptance 307 309 accepted 306 307 183 4,13 8,8,18,08,10 191 199 15.17 afoul 279 13 afraid 89:17 207 327 agreed 297 agreement 70 16,22 72 131 1-135 136 136 137 138 307 308 accord 75:16 208 210 216 223 227 229 Africa 11,16 2,3 91 96:25 97 agreements 69:19 71:24 140 143 144 149 12,16,18 151 accordance 344 353 according 88:19 | 230 235 236 260 274 287 288 294 after 22 5,10 32 8,9 55 92 101 103 106 ahead 14:24 253 301 15,19 324 333 18,19 154 155 156 183 186 209 304 296 302 306 310 17,24 114 120 134 AI 251 | | AIA 251 158 159 163 account 40:13 313 335 337 203 211 222 air 79:15 316 163 165 174 175 176 181 accounting 24 39:22 67:19 ; ad 228 Adams 6 228 229 230 11,15 242 airborne 5:17 10,11 259 279 309 181 1,4,7,24 6,18 186 187 188 189 2,3 190 191 191 3,15 _ 194 196 16,21,23 198 accounting 67:16 67:18 accumulated 96:11 accurately 294 achieve 39:22 acknowledged 350 acknowledges 330 add 139 141 234 282 added 117 202 203 214 221 221 20 222 292 9,10 adding 234 259 266 267 272 291 292 3,21 306 307 326 327 333 335 337 15,24,24 338 338 339 342 310 311 akin 23,25 152 AL 2,5,9 2,5,9 1,4,8 aligned 64:11 alleging 243 Allied 66:17 198 199 201 acknowledgment Addison 6,7 345 347 allowed 86 147 202 205 207 addition 18 116 352 171 172 264 EERE MEINE SE RETAT DW te RON FAPR e 713 861-0203 Page 2 286 340 345 almost almost 35:14 174 186 188 252 along 111 315 322 alpha 156 alreadyalready 102 103 111 120 120 128 143 144 149 153 202 203 203 230 333 335 9,20 344 although 123 141 192 235 252 always 70 9,10 110 226 235 235 272 America 251 amongst 269 amount 105 181 13,16 185 6,7,20,25 188 9,12 192 194 195 203 13,14,16 209 209 6,7,17 212 5,22,22 215 11,14 6,17,22 219 241 285 300 302 303 305 346 347 351 amounts 205 285 amphiboles 201 analogy 133 analysis 312 analyze 87:20 Ann 9 annual 271 another 11:20 21 25:12 30 66 73:14 80:20 91:12 ~ 12,18 116 124 132 142 148 156 169 170 170 173 188 207 222 224 237 247 254 279 311 314 318 321 323 21,24 331 332 answer 43 52:23 63:12 70 2,4 77:21 87:14 92 12,14 97 99:23 100 101 104 , 105 106 110 114 115 115 146 148 160 172 172 203 237 249 252 253 254 257 277 281 282 1,13 291 303 340 343 345 answered 45:23 answering 278 answers 174 240 anticipate 93 323 anticipated 323 anybody 87:18 98:25 . 108 195 305 348 anybody's 42:16 anymore 54:24 117 16,25 338 339 345 anyone 30:11 69:19 73:20 160 170 208 236 247 anything 12,17 14 7,9 38 41:12 44:19 49:25 50 58:22 63:17 67:24 70:19 13,15,17,19 75:23 77:20 80 85:15 93 16.16 96:13 112 116 118 119 23,25 121 126 129 145 152 4.153 157 9,10 161 171 180 181 198 201 218 222 223 228 232 233 235 236 251 251 253 256 257 277 289 327 328 338 341 343 343 344 anytime 51:15 172 anyway 37:18 95 OEMS AAT TOINEPT TER GSE POTEET St MAT TATU AM AME NENT ee 126 174 336 anywhere 37:10 106 197 326 apparent 103 192 apparently 25:13 58 58:11 110 206 209 215 218 285 300 314 appeal 156 appealed 110 appear 113 219 Appearances 2 3 4 appeared 309 350 appears 23,24 56 64:23 111 151 151 13,23 157 167 182 182 10,23 6,14 7,13 219 9,13,17 220 222 224 21,24 279 10,13 293 296 297 311 319 applicable 60:25 141 application 134 152 221 233 235 279 305 applications 139 4,19 applicator 256 applicators 82 applied 137 235 1,18 279 | 305 applies 297 apply 81:25 4,7,11 83:12 134 3,11 3,11 5,10 applying 170 apprised 269 apprising 336 approached 24:15 appropriate 271 313 approval 309 April 18:13 1,12 266 267 268 268 319 architectural 30:25 175 archived 104 archives 7,12 241 area 13:22 20:21 23:18 29:24 33 48 56:25 13,14 64:21 115 119 145 169 170 172 172 215 227 284 285 316 321 areas 141 155 172 272 276 8,23 286 317 348 Arizona 12 36:18 39 50:18 Arkansas 12 36:24 39 6,19 around 27:16 37:19 55:10 13,15 57:23 63 78:12 116 121 123 127 170 172 16,21 187 221 223 227 230 232 8,15 246 7,20 248 258 260 269 10,25 277 291 320 arrange 178 arrangement 176 Arrow 15:19 9,13 52:24 53 172 6,8,11 219 Arvada 179 asbestos 10,17,24 5 6,13,15,17,21.6 6,13,15,17,21.6 6:11 10,11 11 15 20,20 51 77:17 12,14 87:13 96:11 7,9,13,17 20,22 124 125 17,20,24 127 137 139 145 146 147 6,16,24 151 1.5,11,15 10,19,21,23 3,7,14,19 183 183 2,8,12,13 14,14,24 186 13,22 1,6,19 20,25 1,1,5 8,9,13,19,22,25 2,9,13,18,19 5,7,14,22 191 5,10,16,18 192 10,19,24 193 ER mame asic ctoR TER INTISSAA LANES 4 REST EA! LLL ~ 16,19 3,12 19,24 195 5,18,20,22 197 197 24,25 9,25 20,24 7,16,20 203 204 3,11 206 16,20,22 2,24 7,16,23 1,4,9,13 212 212 2,5,7,23 214 215 217 18,23 218 PUT guitare 1,14,17,18 10,11,25 225 sad 226 8,16 229 5,14 230 232 3.18 234 234 235 236 11,19 239 16,18 1,4,7 7,9,18,20 242 243 22,23 246 6,21,22 2,12,20 7,16 15,16,19 252 253 21,23,25 255 256 257 3,8,17,23 259 2,2,5,13 261 10,11,14 263 20,21 264 2,8,18 266 268 270 271 273 275 4,10 278 2,24 16,21 290 11,16 4,15 293 2,23 296 297 298 298 299 300 4,16 1,22 303 11,23,24 305 306 307 308 310 ATEN! 10,15,17 313 be ea 314 6,19 316 AS 18,23 319 PR NTE 322 5,7,16 Pe 24,25 11,20 326 327 328 BS 329 1,19,22 MaEe 331 334 343 Sea 344 347 348 348 asbestosis 236 238 b ^' 239 244 245 i Ee aa NELL MCCALLUM & ASSOCIATES INC 713 861-0203 3 Page 3 10,16,16,21 10,16,16,21 5,10,14,18 248 264 267 268 8,17 295 containing 71 77:19 1111 8 8 126 189 211 232 233 11,17 303 8,14 332 17,21,25 340 346 347 348 asbestos 178 187 11,13 210 212 261 304 306 321 322 9,16 332 346 asbestos 10:11 4,12,14 11,25 14:13 243 247 asbestos 32:21 aside 44 asked 17 18:14 66 81:19 150 181 196 226 229 23,24 230 242 269 275 282 309 345 asking 21 26 85 242 5,15 277 280 aspect 268 aspects 99:12 108 235 258 260 assembled 77:18 assembly 22 11,13 asset 41 assets 15:20 42:16 assigned 127 assimilate 230 assimilating 229 13,16 assist 14 assistant 23 1,4 assisting 17:13 associated 233 245 247 251 253 1,23 Associates 3 351 353 association 250 251 351 assortment 118 assume 41 83 95 99:20 116 194 201 205 235 10,15 280 284 328 assuming 27:17 103 152 196 222 assumption 41:13 59 71:15 97 99 116 158 164 165 183 192 237 assumptions 209 atmospheric 242 275 attached 1:24 4 5 6 7 240 258 308 353 attaching 259 attachment 6,14 241 298 16,21 319 attack 206 attempted 335 attendance 269 294 attended 22 258 4,14 attendees 293 attention 266 280 14 284 attire 288 attorney 42:14 351 352 353 attorneys 10 17:20 19:14 196 229 352 auditing 16:21 August 6:16 5 18:16 218 311 automated 67:18 available 44:16 83 103 110 115 169 12,17,24,25 194 206 208 209 4,11 217 251 262 272 293 301 308 322 Avenue 1:22 2:19 average 93:12 184 191 284 285 averaging 184 avoid 1,3,4 263 aware 11,15 31 48:25 14,15,19 93 4,17 107 107 114 125 157 159 14,18 9,10 164 165 222 222 230 233 235 236 238 8,9,18,23 242 6,13 244 11,18 2,9,14 5,11 14,16 254 6,12 264 9,12 278 283 285 285 287 294 295 316 330 16,17 awareness 7,10 272 314 awhile 95:25 258 O 9:14 A.D 350 a.m 1:19 8:16 A.O 5 A.P 4 351 353 B B 267 297 back 12:13 13:24 16:12 18:12 21:17 25:11 28:11 40 46 21,25 48 51:16 51:19 3,6 56:24 11,13 67:17 70:17 70:25 71:14 74:17 79:12 81:16 83:25 88:18 89:18 92 95:25 97:18 98:21 6,18 3,16 103 110 11,25 11,14 132 145 147 154 17,20,23 157 158 163 6,22 169 170 178 180 184 190 191 196 1,4,9 217 220 221 223 228 230 231 10,20 2341 235 237 5,25 240 241 8,10 246 251 252 256 257 258 11 262 263 267 4,13 283 25,25 294 298 300 307 312 314 10,19 7,11 319 4.10 18,19 336 338 348 background 10:14 72:10 backs 309 backside 158 backtrack 254 bad 175 bag 92:21 109 129 129 131 138 9,14 18,23 9,23 150 151 7,12 154 155 158 159 159 22,24,25 221 9,11 234 10 16,25 264 297 bagged 93:24 223 bagger 313 baggers 313 327 bagging 160 223 bags 93:12 11,19 19,20 127 13,15,19 129 129 4,7,9,12 130 136 137 138 3,12,13 17,22 143 145 147 153 156 7,11,24 18,23 9,14 159 1,3,7,9 14,16,25 2,7 169 1,16 180 221 222 9,10,13 223 233 234 263 10,17 7,15 265 270 273 273 274 287 328 329 345 Baker 2:15 balance 185 192 196 Baldwin 4,9 Balli 2 25,25 ballpark 154 199 ban 278 279 304 306 322 330 7,10,14 7,10,11 333 15,25 1,7,8 porns 335 336 337 13,20,24 338 338 1,5,22 342 343 344 344 345 ci 346 347 Tare bankrupt 44 we banned 278 14,16 335 11,24 10,24 343 banning 323 inert Bar 351 Sener bare 135 e barely 162 EP base 134 153 178 ;: based 10,19,20,21 43 48:21 5,9 86 173 176 193 209 221 259 260 278 22,24 300 341 basic 27:10 47:17 63 64:21 65 79 80 7,13 104 105 129 156 175 224 basically 12 14 18:13 30:19 35:13 40:13 44:21 46:17 2,7,12 59:15 63 63:19 88:15 89:14 aa Sel 102 110 111 of at 112 136 141 PEN armcoietam 21,22 170 BEM 173 175 193 REN A 201 203 229 e ER 230 235 240 ha 252 266 303 321 334 344 basis 18:21 83 110 # 262 285 311 319 batch 13,17,18,23 195 196 309 batches 297 Bates 55:17 101 166 bathroom 51:21 133 133 156 bay 23:18 29:24 48 68:15 227 316 BB 84 16,19,21 124 166 178 243 273 308 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 4 ~ 195 205 219 16,17 122 351 353 320 11,19 Beirne 2:21 14 296 322 142 194 224 brief 34 124 298 OTS 323 327 believe 13,20 27 28 8,14,15 between 10 65 224 249 278 19:18 17,18 TS 330 40:19 42:21 48 68:10 70:16 72 302 311 briefly eT Beaumont 4 119 144 184 bottom 39:19 55:17 22:23 54 107 ps became 46:14 100 ET | 49:20 50 57:25 58:16 64:14 67:25 201 234 238 64 67 23,24 108 131 207 220 136 250 254 6,11 3,15 74:17 78:19 260 261 315 342 347 157 183 19,21 204 bring 120 262 become 260 268 91:16 93 6,9 218 241 328 294 bedding 141 100 118 120 125 beyond 90:11 309 bifurcate 11 bottoms 153 bringing 313 314 beds 134 121 123 127 145 146 big 85:13 93:12 110 bought 9,21 49 50:13 68 1,10 314 brings 313 before 1:19 10:14 10,17 13:23 14:22 146 156 128 132 139 83:10 91 Brinkley 6:20 316 157 159 160 163 178 346 77:12 15 7,20 53 116 133 4,21 102 103 316 55:15 59 75:18 160 12,17 bigger 105 3,25 | broad 29:21 89 99:17 11,23 3,6,9 178 140 145 Bill 9:12 15:10 1,2 109 112 113 brochure 9 57:19 65 74 78:23 79 104 105 107 187 6,13 195 199 201 52:14 291 299 128 163 11,17 120 , 157 211 212 214 307 308 164 172 180 10,20 103 TH 11,14 188 25,25 110 124 TOCATA 158 1,14,25 215 220 223 billing 178 112 167 181 182 16,17 225 bills 246 281 - 190 10,18 brochures 53:22 RAT 161 bit 29 20,22 51:20 5,19 6,23 202 207 227 235 135 136 20,24 20,22 broken 15:19 8,13 yg 12 214 220 236 237 238 72:10 206 212 213 52:24 53 64:15 226 227 228 239 247 251 136 137 138 143 145 | 214 215 172 6,8,11 sant 229 2,21 252 253 255 145 148 151 227 330 219 ATEN 14,22 10,19 256 262 156 159 Bowers 299 bronchogenic 295 Rt 22,24 243 277 9,17 151 185 186 187 box 142 143 brooms 135 . FTE 34:13 89:24 eee 246 257 261 281 285 292 297 311 196 202 148 231 344 brought 117 196 272 14,19 224 233 346 107 277 290 323 311 318 321 boxes 14 18 96:10 238 19,20 335 340 350 324 325 327 240 96:15 103 122 243 284 288 began 232 330 15,21 bladder 317 blank 163 228 122 123 295 1:21 2:18 2 begin 172 260 334 338 251 228 229 231 brown ARE 304 341 blend 142 231 233 9 130 TERE beginning 8:17 75:12 believed 327 blended 93:23 boy 25 262 brush 151 256 te - 124 126 184 bell 30:12 216 26 bracket 312 256 240 262 below 56:10 59:17 blender 140 | 75:25 77:19 brushed 88:20 SN behalf 24,25 3,16 63:11 158 210 blenders 139 blending 139 brake brakes 75:23 2,17 brushes 17,18 180 ane 229 311 branch 7,7,9 180 a behind 197 339 Bend 52:18 blow 82:12 Bluff 98 branches 9,19 64 bucket 86:16 109 , 234 being 11 14:15 17:14 benefit 280 benefits 140 246 Blvd 2:22 3,14,16 21 33 7,15 board 21,22,24 45 brand 73:14 107 buckets 139 51 54 57:17 61 - 297 11,16,22 break 10,14,17,23 build 177 75:24 97:25 98 benefitted 174 52 53:21 101 building 55 62:10 110 126 170 Benjamin 30:10 2:12 boards 134 Bob 236 23,24 11,15 9,20 207 254 17,18,18,20 95 98:20 106 119 176 180 184 191 Bernsen best 18:11 67 72 274 1,9,18 | 206 119 19,21 184 187 262 290 317 194 213 219 82 92:14 116 291 bodied 22,23 148 333 buildings 111 119 176 225 233 118 125 126 130 20,22 bodily 157 263 breakdown 66:11 49 11,13 245 248 250 179 built 250 260 266 ' 199 266 9,10,13,17 19,22 body 147 148 breathing 157 55 95:11 310 bulk 10,18 175 267 270 Bestex 18,23 Borg 2:14 9:11 263 175 330 275 294 born 22 Brent 2,3 8:23 51 295 13,22,22 bet 218 55:16 63:21 101 bulletin 290 297 300 302 better 51:20 54 56:18 boss 7,8 123 144 156 bunch 291 307 309 310 16,20 85:12 97 bosses 47:13 158 206 273 bunched 13:15 316 325 116 120 143 both 29:16 39:12 60:21 62:11 100 111 296 333 351 buried 345 341 144 183 187 mS Ta lal a oN Ree NIE NEE TEDLIIT MOM EIE PTE: rsa Near TS TaSIT aT vane wareapeigit ea eat MATTE NRE i Ee ENE SE NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 5 business 7,9 44 13,15 68 7,8 74:16 11.13 93:16 5,7,16 99 101 106 107 110 15,18,24 113 117 121 165 2,19,19 13,14,21,25 3,3,12,13,16,17 305 8,10,11 12,13,23 307 307 308 309 315 319 22,24 2,4,8 323 325 326 21,25 9,10 181 16,17,21 219 308 328 347 348 call 10:18 15 23 33:22 53 61:14 330 64 65:21 74 businesses 78:12 135 340 12,20 91:25 109 131 butt 131 142 173 buy 11,23 40 68 72:25 85:19 15,18 91 98:13 20,23 116 128 129 131 175 176 188 191 203 175 198 228 230 237 245 327 called 10 23 34:14 63:10 13,14 73:15 81:21 90 105 118 137 144 214 298 305 151 22,24 153 162 173 buying 34:15 15,21 90:23 93 22,24 98 107 176 177 214 224 224 10,14 244 247 252 buys 175 bypassed 85 150,374 1 351 353 13,20 279 293 calling 122 298 calls 20:23 168 C C2 12 Pacific 65:23 66 66:14 9,14 78:18 93:25 94 cake 148 calcium 32:22 came 13,19 29:20 32 34:12 38:12 calculation 199 calendar 182 215 Calidria 10,11 334 California 14,19,20 20:21 23:18 33 47:23 48 87:16 91 109 122 122 123 136 141 143 145 145 167 182 187 197 35:22 36 4,7 48:12 50:17 53:18 199 201 203 210 222 - 54:10 57 5,12 12,25 63 64:19 68:25 69 73:11 76:17 81:15 94 111 114 118 155 222 228 236 ~ 238 239 246 256 261 270 273 276 278 282 283 291 297 298 300 14,23 183 189 198 202 300 303 324 338 203 237 22,24 249 274 289 300 camera 11,13 127 Canada 76:16 200 300 8,14,22,23 301 226 15 253 9,12,13,23 302 Canadian 200 253 257 258 311 cancer 18,21,23 1,5,19 13,20 248 264 269 13,20,23 270 20,23 271 4,13,13 320 canning 78 cans 88:24 captioned 315 capture 110 14 car 77:13 108 109 177 Carbide 2:11 6:23 7:10 7:11 9:13 200 253 257 2801 14,23 310 311 328 334 336 cardboard 346 cardboard 110 110 careful 27 Carey 200 226 253 257 258 Canadian 6 311 cargo 78:25 97 Carlos 4:20 10,16 59:25 96 111 112 115 116 116 117 118 119 120 182 182 183 186 20,24 11,15 13,14 238 14,15 262 277 307 309 315 318 319 12,13,16 328 329 carried 3,19 212 carrier 94:12 268 4,23 282 carry 69:12 203 210 cars 54 77:16 carts 77 case 12,20,20 81 149 292 343 cases 196 244 343 categories 295 cause 137 157 236 245 248 3,10 258 263 8,9,19 271 caused 20:12 22,23 264 295 299 causes 1:18 39:20 245 caution 42:23 156 156 263 265 12,16 273 275 344 cautionaries 270 cautionary 18,24 273 cautions 159 ceased 117 7,13 ceasing 117 ceiling 13,14 10,25 138 22,22 153 155 1,1,4,10 300 14 7,22 306 307 308 309 311 321 322 323 24,25 22,25 4,9,16 330 15,16 331 347 ceilings 82:13 134 11,18 138 cement 101 103 290 cements 20,20 104 130 139 center 108 121 centers 12,15,19 75:14 121 5,16 centimeter 276 17 Central 25 ceramic 22,23 32 57:13 18,19 ceramics 31:25 32 15,25 80 certain 72:14 89 167 172 200 236 259 272 278 284 284 285 288 296 303 312 337 338 343 certainly 158 264 Certainteed 2:11 9:13 certificate 6,17 353 certification 11,13 352 353 certified 1:20 352 353 certify 351 352 chain 24 K chains 21:24 2 Chairman 269 chance 178 195 o change 29 170 185 239 265 3 * 265 266 296 297 349 7 changed 185 266 3 sy 287 i ie changes 18,22 330 12,12 changing 292 characteristics 145 charge 34:24 53 77:22 273 291 328 353 EG] charged 351 COS charges 351 24 EEE chart 56:25 64 65 SEN 99:19 5,10 203 207 212 ABTS charts 65:11 124 POS OD 3 check 262 1:8 STE checked 327 IS cheese 84:15 chemist 196 224 SCE 260 291 TEN SEI chemistry 260 Guard 78 ETS Rem chest 6,22,22 SHAR China 37:16 chip 233 ae choose 8,24 me chopped 225 er Christiano 24:24 25:25 ENrRSTGene 26 6,16,23 1,6,14 or 27:19 2,10 46:15 18,22 chronological 2291 Chrysler 22 SE Chrysotile 201 16,21 ee ROR 201 19,19 tee ee Cindy 2 Fe circumstance 235 A circumstances 11 CD Yas 253 296 329 3309 cities 59:13 Oe SPN city 17,22 170 310 Civil 1:23 claim 13 238 241 4,7,10,16 5,20 3,10 YAP emt ve TMS RANT A te STA EETUPERRIY OTA LP NO oT La SET SS TRSI USPS OSES SE RTS SRET 1 Sec rmaers NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 6 4,9,13,15,17,17 coatings 31 18,24 18,20 247 249 250 90:14 codings 224 claimed 12:25 Coe 3:10 claims 13 245 Coffey 6 249 Colinas 7 clar 241 collect 229 clarification 175 collected 279 241 251 collecting 229 clarify 65 122 150 176 181 242 246 262 299 classification 73:16 classified 181 345 Colleyville 4,5 Collins 61:21 color 152 170 Colorado 12 35:15 35:22 36:16 39 21,21,22 179 classify 30:25 75:11 Clay 2:13 clays 79:15 139 214 colors 130 column 183 | cleaned 165 cleaning 340 clear 160 341 clearing 252 Cleave 2:15 Cleaver 8 9 clerk 352 353 combat 48 combination 40:18 combined 90 combines 140 come 19 19,24 47:25 79:12 15,17 87:10 91 94 97:24 108 109 Cleveland 23:11 clients 194 Cliff 112 close 56:21 62 75:16 152 178 183 184 199 closed 54:25 4,4,6 56:15 73:25 75:17 78 97:23 120 123 129 131 133 138 146 178 199 228 232 237 239 264 265 281 300 308 308 311 316 322 334 comes 7,10 52:18 208 212 214 214 215 307 319 closer 186 closest 152 closing 56:23 clothes 287 89 133 coming 27 89 239 258 291 292 292 324 command 47:10 comment 192 291 comments 183 218 clothing 263 287 19,23,23 313 314 clue 166 clutch 75:25 1,10,15 312 324 . commerce 232 333 338 commercial 30:23 84:25 85:18 19,19 | 77:19 clutches 75:22 3,4 2,4,17 80:22 Coarser 146 coast 26:24 10,10 112 coat 129 12,13 22,23 22,24 134 16,17,20 23,23 134 135 139 172 174 175 177 177 commercials 177 commercial 31 commission 173 6,8,14 278 331 10,11 334 335 338 ~ 339 340 178 130 131 134 342 343 compensation 237 141 144 148 344 committee 269 10,14,24 241 243 246 249 163 6,25 166 177 204 1,7 272 273 290 4,23 204 207 committees 65:12 common 94:12 competed 162 competitive 105 e e 226 250 278 279 317 communities 111 comp 5,10,13,15 19,25 239 243 245 13,15 247 249 250 9,19 280 companies 2,4 67 75 90:23 91:23 97 165 200 200 208 222 253 257 company 5 2:17 8 4:16 9 3,17 10:11 11 3,19,20 14,18 22 24:14 24:22 25 11,22 29:21 31:22 32:10 3,5,7,24 37:11 41:15 7,20 46:11 6,24 3,4,9,11 - 13,21 1,3,19 16,22 65:24 66:22 66 22,24,25 2,3,3,17 4,6,16 72:12 7,22 1,3 10,15 80:20 81 22,25 84 86:11 87 5,9,11,16,22 92:13 98 102 105 110 112 113 117 117 118 130 162 163 166 168 171 8,25 175 189 200 10,14 232 280 281 291 300 327 328 332 351 353 company's 78:11 83:16 110 171 173 company 38 compare 68:21 152 compared 140 compensability 238 compensable 238 | compensated 173 173 competitively 174 competitor 8,11,128,1,12 8,11,12 23,25 30 227 competitors 13,22 2,3 162 163 163 227 complaints 296 complete 304 324 337 completed 327 completely 52 315 complex 95 compliance 261 262 28211 284 18,19 18,20 303 304 312 318 345 348 complied 282 302 304 comply 222 262 263 273 282 286 287 314 components 8,182,12 composition 87:17 22,23 105 132 135 146 191 5,9,16,20 201 217 240 compositioned 145 compound 71:22 102 108 3.111 111 115 116 117 118 118 125 127 128 129 129 131 134 5,12,13 144 144 147 149 169 9,10,11 11,11 315 340 compounds 4:19 31 32:18 13,15 34 50 66 69 3,4 3,14 102 . 4,19 22,22 ~ 14,14 3,17 16,17 110 12,14 118 331 8,15,18 e 7,8,10 339 340 344 13,15 6,12 comprehensive 178 219 compulsion 43 Conceivably 169 concentrate 78:13 concentrated 78:15 eR 145 260 T ES SA concern 278 279 340 seat concerned 181 E concerning 13,15,20 229 257 283 : concerns 261 f 267 : concomitantly 259 concrete 129 i condition 278 : conditions 281 conducted 236 i 318 confidential 249 Y : confirms 294 confused 119 d u 155 303 confusing 68:18 136 181 i connected 142 connotation 175 consideration 350 considered 29 126 179 316 consistent 68:25 170 4,18 337 construction 143 175 177 310 B 320 321 P consumer 82:22 92:24 109 278 331 331 10,11 16,19 335 : 338 339 340 342 343 344 347 348 3 contact 27:17 15,16 [ contacted 229 qq & ee aes THAME REA SAAS T AT ERISTC OTT NIP! a eae TIS STATON OTR ERT AVEC ANS TES NELL MCCALLUM & ASSOCIATESASSOCIATES INC 713 861-0203 Page 7 contacts 174 contain 20,24 145 188 211 contained 12,14 126 145 150 151 11,15 184 192 193 208 263 270 300 304 305 334 347 container 109 273 344 containers 97 109 127 143 267 332 11,12,16 containing 10,17,24 125 150 159 208 214 21,25 302 contains 156 231 263 353 contaminants 87:23 '| contemporaneously 55:12 content 91:10 298 - . 324 contents 259 294 296 context 241 17 Continental 327 continue 116 117 | 118 12,17 259 261 279 13 279 286 296 303 304 14,17,21 314 21,25 326 331 338 340 continued 11,13 103 115 119 208 7,17 319 348 continues 43:15 continuing 31:11 - 18,19 315 continuous 113 contract 200 contracted 39:13 contracting 110 contractor 85 108 9,12,15,23 136 143 145 167 173 175 176 10,16,17,25 7,13 235 305 322 contractors 82:17 83 83 108 110 17,21 14,19 240 246 249 7,20,22 2,3 249 251 4,12,15,16 114 114 128 139 143 144 173 308 contractor's 147 contributions 40:17 control 87:25 2,3,8 253 14,21 263 1,13 265 2,5,13,18,21 271 8,17,21 10,12 11,21 1,5,8,13 279 279 280 11,12,22 2,6 108 316 341 18,23 283 6,18 287 290 291 293 controlled 258 296 296 10,13,15 302 303 304 controlling 258 controls 239 convenience 128 143 conversation 150 318 306 309 13,15 312 13,25 314 315 9,14 4,12 318 320 323 324 convert 6,10 324 330 converted 126 207 307 308 323 converting 322 conveyed 294 Coon 2,3 5 1,9,22 8:24 18,21 15 36 14,21 42:13 43 10,20 51:15 51:22 52 55:23 56 63:24 64 333 13,18,21 334 334 13,15 3,6,12,19,23 338 5,15 18,22 22,25 353 cooperative 276 copied 221 copies 4:12 71:24 154 154 294 351 353 17,24 79:14 80:18 83 87:25 88 92 92:25 95:23 96:18 2,120,10 11,18 108 109 copy 72 179 301 24,25,25 312 312 345 352 353 cor 11:11 112 115 119 119 122 123 corner 55:18 corners 57:23 15,20 1,10 17,18 1,4,5 3,13 24,25 150 10,13,19 159 160 162 corporate 9,18,25 11,17 16,21 17 23:11 21,23 21,23 59:24 7,11 61:13 65:10 81:11 160 6,11,14 167 170 173 174 176 181 182 184 190 191 193 195 196 197 15,21 198 193 228 230 11,20 267 corporation 5:24 6 6:23 5 22 65 68:23 4,5 89 90 6,24 92 173 238 199 4,12,16 206 207 220 11,17,19 223 225 226 229 232 1.23 correct 11:25 25:15 5,10 28 29:18 30:18 31 32 34:22 45:18 46:17 47 7,12,22 56:11 10,13 59:11 59:22 9,10,17,20 61:10 62:22 63:14 65:25 66:25 67:23 68:16 2,7,8 75 79:16 8,15 86 86:23 99 100 321 13,19 325 3,8,9,12 4,12,19 339 339 8,9,14 342 344 345 347 350 corrected 262 108 1,19 113 116 118 15,20 16,18 19,22 126 corrective 277 correctly 115 278 correspondence 231 |: 278 292 Ne 127 17,20 314 335 a 131 6,15,19 14,18,20 134 cost 67 297 1,6 costs 140 352 134 3,15 COTTON 2 351 6,11 142 353 7,34 153 12,13 158 coughing 206 Council 7 320 16,21 169 176 178 182 7,17,18,22,23 184 12,16,24 185 3,8,15,19 20,23 187 counsel 124 161 181 202 218 240 243 254 267 272 274 279 283 289 326 352 10,11,16,19,22 188 189 20,24,25 194 203 204 205 19,20,23 208 20,25 3,8,9 11,24 1,2,5 7,11,17,18,21,25 2,17,25 214 4,6,12 2,13 10,11 16,24 218 2,3,14,19 219 5,17 22,23 10,11 230 11,12,17 233 6,18| 241 244 246 4,10 259 260 262 263 265 266 268 269 269 7,8,11,22 271 274 275 2,22 5,10 280 282 284 284 9,20,22 293 295 296 301 303 304 304 305 307 310 312 16,18,20 315 10,13 317 318 319 321 352 count 122 310 1,19 counter 339 19 countersunk 132 country 308 counts 5:17 10,12 259 261 274 275 279 280 18,21 11,13 284 285 303 309 310 COUNTY 3,8 350 [ 351 353 couple 11:18 6,10 37:15 39 43 45 45 52 74:18 111 122 127 240 251 253 261 275 300 320 14,25 course 295 316 court 2,7 3:10 10 240 351 352 352 353 courthouse 12:22 ery Cousins 3:10 aaa cover 4:13 39 72:25 crete 1,4 113 207 es 267 281 293 Ie 2ST 334 ESS coverage 237 oy Parvo 713 861-0203 coveralls 288 313 314 covered 35 52 179 219 228 237 279 covers 22,23 112 221 coworker 25 crack 133 233 cracks 68:11 131 13,14 134 135 . created 250 creating 157 263 | credit 2,3 credits 177 Crescent 3:10 crew 177 criteria 86 Crosfield 8 328 crossed 25:15 reference 255 CRR 353 CSR 351 352 23,23 cubic 276 current 12 24:24 332 curve 216 Custodial 353 customer 85:24 86 93 108 109 13,14 175 } 176 177 322 customers 92 93 143 175 178 293 296 309 22,25 12,17 342 343 cut 85:14 cut 340 Cynthia 9 C.E.O 24:25 6,9 19,20 D D 8,15 9,10 daily 82:25 235 Dallas 1:22 2:19 4,11 10 48:22 49 15,19,24 62:13 101 1,2,10 103 106 212 327 Dan 9:14 259 291 Dana 2:11 9:13 Daniel 5 data 65:23 67:12 89:12 254 date 53:24 56:10 64 ' 64:10 180 241 259 328 329 339 340 349 dated 7,11,18,19,24 3,9,13,15,16,17,19 21,23 3,5,6,7,10 12,13,14 179 17,22 266 273 274 275 279 293 296 299 308 318 320 321 323 325 326 327 328 330 331 335 336 345 dates 65 97:18 101 227 241 - 338 day 70 171 265 265 23,24 14,19,22 288 322 347 350 350 8,14 353 days 23 64:13 67:17 75:14 111 117 136 185 195 196 231 235 237 335 day's 285 . deal 30 12,14 102 11,11,12 178 200 233 - 248 276 289 308 319 320 323 338 dealer 70 174 dealing 100 108 158 178 231 258 337 dealings 21:16 deals 149 178 231 dealt 111 243 17,25 277 290 322 Dean 326 327 decades 39 deceased 46 December 3,15 7:12 15,19 293 311 312 313 315 334 335 336 337 decentralized 60:24 decided 22 78:13 117 285 287 304 330 decision 10,24 60:22 96:19 211 279 declining 187 Decorative 138 153 Deco 138 152 decrease 297 dedicated 26 defendant 5,8,14,17 , 5,8 6 defendants 11,20 2 7 Defense 3 Defenses 320 define 60:13 defined 135 definite 171 degree 60:11 110 200 279 deliver 178 delivered 199 14,17 demand 86 306 Denver 1,19 317 319 department 23:12 34:25 88 12,20 249 319 departments 23:15 39:21 88 249 267 dependent 86 depending 130 173 depends 168 198 deplete 341 deposition 11,15 11:21 12:19 13:25 16:25 42 349 350 11,16,18 21,23,24 352 10,11,13,15,16 353 depositions 11:19 12:23 13 4,9 3,4 196 Depot 9,192,12 Depots 74:10 75:20 describe 25:25 60 described 57:10 58 78:20 97:16 134 153 263 266 describing 96:21 DESCRIPTION 7 2 2 2 design 38 170 designated 14:15 designed 23:13 desire 114 258 destroy 341 detailed 258 detect 277 determination 205 17 246 determine 87:22 89:14 169 170 191 206 232 233 235 311 333 determined 275 277 299 determining 169 develop 252 developed 266 | 267 2.13 . 308 development 47:19 developments 259 devices 290 14 devise 264 devised 263 diagnosed 248 diagnosis 246 248 differ 146 difference 109 144 149 155 234 238 308 differences 63:25 65 10,14 different 15.15 25:17 29:24 32:17 33:23 34:10 38:19 53:20 13,21 61 64 77:12 78:12 2,21,22 88 96:10 100 105 105 107 109 111 116 121 122 10,12 124 130 2,4,7,7,9 134 135 136 8,9,12 ~ 139 141 143 144 145 149 ' 149 151 154 19,22 156 168 169 170 175 13,13 177 178 179 182 182 188 190 201 220 22,25 4,12 8,21 11,11 226 234 238 240 244 20,20,21 249 254 255 256 17,21 9,12 291 295 296 302 308 308 differently 14,17 145 155 156 287 difficult 174 dilemma 193 diluting 148 dimensional 136 direct 175 directed 110 directions 4:18 220 220 221 directive 173 directly 85 99:21 107 175 177 177 335 director 26:24 316 directors 44:24 45 disappeared 104 discontinuance 341 discontinued 117 211 240 241 discontinuing 211 340 discount 85:20 176 discovery 240 discuss 17 112 230 293 discussed 154 184 220 258 288 296 16,18 310 319 discussing 52:11 108 335 discussion 10:15 111 229 discussions 17:19 Rg TE CEPL AS EMEA TSE PERN SIRS ROM TE INT NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 9 19:20 268 | disease 236 238 13 238 5,24 4,9,13 247 248 265 268 271 295 21,23 diseases 7,10,22 244 250 258 268 disposal 21,23 11,12,14 dispose 332 341 disposed 333 344 disposing 332 dissolved 73:10 distribute 69:19 85 331 distributed 40:10 43:11 92:16 165 distributing 75:25 distribution 31:15 67 73:19 85 96 114 267 distributor 69 70 328 distributors 5,12 171 distributorships 69:10 district 2,5,7,9 23:17 21,25 14,17,19 20,21 1,9,11 | 12,13,15,19,24 2,9,10,10 64 316 321 351 5,7,9 1,4,6,8 districts 63:13 diversifying 79:14 108 - division 4,5 25 13,15,24 3,17 39:19 46:24 3,5 60 1,2,6,7,9 63 64:16 13,14 79:19 99:16 114 .115 281 282 divisions 19,21 64 329 divulge 9,24 43 divulging 42 doctor 246 248 document 4:15 6 68:22 123 147 153 154 166 166 181 182 220 222 224 243 254 255 266 268 273 274 275 279 283 298 308 312 314 319 320 320 20,21,25 331 334 335 336 documentation 165 168 236 documents 6 5 6 7 5,7 18 163 182 207 218 220 228 4,5,9 230 3,19 232 252 254 258 272 299 331 333 335 336 doing 12:20 23:10 97:15 110 114 9,10 5,12 18,19 177 235 271 280 281 2,18 dollar 42 dollars 41 Don 19 53:11 done 26 37:16 55 2,5 88:22 96:23 98:12 16,16 6,8,9 145 14,15 221 230 232 233 234 235 235 236 242 242 254 261 9,10,13 262 263 267 273 286 290 291 309 309 310 319 2,23 324 337 343 dose 285 doubt 93 192 Doug 4 6:13 14:25 15 2,2,3 294 16,17,21 312 315 323 334 Douglas 18,20 55:14 down 31:17 14,15 37 38:12 50:24 54:25 4,17 63:18 64:15 75:17 78 90:10 10,20 95:10 95:15 101 108 109 22,25 119 120 121 123 186 187 2,3,9,14 202 203 3,19 206 9,16,17 208 208 3,22,23 217 230 261 273 291 292 303 307 318 319 326 328 Doyle 9,11,12,13,16 Yourself 108 Dr 269 dramatically 185 draw 35:14 241 drawing 163 228 251 dried 144 155 dries 109 145 drilling 79:16 5,11 80:13 drink 51:21 drive 108 352 drop 143 drop 339 drove 109 drums 78:25 dry 81 12,13 115 116 117 6,17 12,14 14,16 129 137 138 139 143 145 154 169 10,11 10,18 205 216 219 252 255 13,16 267 313 332 346 drying 145 155 drywall 17,24 7 15:18 55 56:14 57:22 65:24 66 67:22 69 73:22 80:19 6,8 3,22 9,119,11 90:22 109 15,21 18,18 113 114 115 15,15,17,20,23 134 7,13 152 173 175 176 177 181 190 192 11,19 4,22 1,8,14 207 214 250 5,22,23 252 258 267 268 269 288 16 288 2,9,12,18 320 drywaller 86:19 drywalls 54:15 194 251 duck 32 due 211 217 259 duh 17,17,17,18 22,22,22 327 327 duly 1:16 8:19 351 dump 139 141 142 197 345 dumped 142 dumping 234 duration 265 319 340 during 19:23 25:16 48 52 16,23 91:16 96 111 117 118 119 225 342 343 dust 2,3,4,5 234 234 6,6,24 236 238 239 241 5,8,24 245 258 259 259 20,25 21,21 269 274 275 280 280 282 285 287 20,22 311 313 dusted 287 Duty 9,10 dynamics 188 E E 5:11 279 each 19:18 20 34:11 48 12,12,17,18 19,24 63:12 86 115 154 157 168 5,18 172 208 213 216 217 218 1 219 271 273 275 283 > 290 16,17 295 ie 351 f earlier 28:19 38:25 a 57:10 58 59:20 i 66:10 80 103 117 120 122 129 132 140 159 165 167 171 179 181 191 195 196 211 215 223 237 251 254 255 263 269 273 280 288 293 298 310 3,10 317 320 16,17 346 oS early 26:13 13,20 sete ny 48:10 64:25 65 te 74:17 75:14 78:10 97:17 125 136 Nakne Camee 14,15 170 ep ntre 182 185 187 15,16 191 eo OBY 192 193 206 ben 212 217 233 9,16 9,16 255 Wired 268 278 308 348 easier 148 easi y140 east 37 48:16 68:15 easy 322 # economic 175 341 15,19 edification 343 education 22 effect 137 138 141 148 151 278 287 331 332 335 340 342 345 effective 331 SFT effectively 109 effects 269 TY TS efficient 116 Ror effort 110 168 REE 260 16 308 efforts 110 Ehret 4,9 we eight 184 13,14 Te 270 22,25 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 eighty 103 eight 131 encouragement 323 11 end 38 85 7,19 191 192 223 231 234 240 292 330 331 excuse 49:20 197 hour 22,24 285 287 either 19:22 22:19 49 49 22,23 94:10 107 116 135 94:23 10,24 12,24 266 ended 26 70:18 enforcement 316 engaged 113 23 256 266 272 281 287 289 292 295 322 323 326 340 345 212 217 236 239 251 265 300 317 348 executed 350 172 10,14 217 221 236 - 257 319 331 elected 347 348 Electronic 84:17 elements 100 enlighten 47:22 enough 43 62 64:22 199 259 321 entail 18:10 entailed 34:11 entire 24 39:19 eventually 6,10 ever 31 34 11,14 9,14 85:15 109 125 162 19,22 202 221 12,20 executives 267 exhaust 262 313 Exhibit 53:23 8,14 241 315 316 exhibits 351 353 exist 71:24 eligible 40 eliminate 290 116 211 entirely 11 155 232 234 248 251 16,24 existed 65 128 215 254 10,11 304 324 eliminated 118 292 292 entities 66 entitled 4:15 entity 116 181 11,13 6,16 266 15 322 329 every 1,2 62 88:12 existence 73:23 78:11 252 253 289 existing 120 262 exists 250 eliminating 2,14 315 Elm 4 elsewhere 92:16 208 325 329 else's 107 embedded 132 250 347 environments 296 EPA 7:15 17,22 279 330 345 , 345 EPA's 258 EPA 316 88:17 231 275 288 23,24 everybody 8:13 194 195 276 341 341 Everybody's 194 everyone 335 Exp 353 expanded 13,15 48:15 116 118 119 203 215 expanding 108 expansion 114 24 115 117 embraced 312 emergency 276 emission 19,20 emitted 235 equate 198 | equipment 5,7 67:16 4,5 77 19,21,24 1,8 everything 34 79:20 85:22 98:18 117 118 170 179 12,22 216 expansive 141 expense 67 experience 221 237 emphasis 110 196 203 emphasize 313 1,3,4,7,10,22,23 9,12,16 16,22 _ 24,25 3,10 261 263 277 278 341 evidently 56 205 Expires 352 explain 146 148 151 168 emphatic 264 271 340 341 employed 11:24 16:22 45:23 229 352 employee 11:22 21 21:16 25:12 28:22 | ' 11,18,25 141 142 163 208 274 era 54 ERRATA 3491 escape 227 11 209 215 218 316 322 Ex 7:16 exact 26:14 89:21 exactly 1,17 77 103 341 175 224 explained 64 325 explains 76:12 183 explanatory 270 explicit 338 export 37:17 . 171 7,14 283 285 employees 21:15 25:19 ESOP 14,15 43:13 43:23 44 essence 122 149 - examination 9:20 351 examinations 262 exposed 248 285 exposure 13,15,21 13 236 245 28:24 3,5,7 43:11 43:23 1,17 6,8 45:17 7,13 * 208 17,20 6,13,19 245 essentially 28 145 established 278 341 estate 23 estimate 41:25 Examination 4 example 61:20 72:22 156 198 320 exceed 198 276 246 253 270 16,20 284 13,22 304 323 327 exposures 267 268 246 15,19,19 262 7,21 estimated 41 ET 2,5,9 2,5,9 285 exceeded 275 285 expressed 350 extensive 107 164 3,15 275 281 1,4,8 333 335 284 285 287 etc 4:12 exceeding 283 exterior 30:22 288 303 343 employer 237 employment 21:20 evaluate 20,25 evaluated 88:18 evaluating 309 except 155 270 304 347 350 exception 145 employee 19 employees 17:15 18:20 95:24 enabled 304 even 70 99:19 106 330 331 eyes 329 encompass 12 125 128 156 excess 284 encouraged 174 162 175 183 excluded 241 F 5 3,3 facilities 17,22 48:23 49 53:21 1,9 58 14,20 69:21 74:18 93:22 94:13 100 111 112 9,10,18 116 167 190 211 215 218 23,2253,25 220 228 237 244 246 248 248 271 272 fF 10,21 1,4,14 280 283 288 306 309 319 326 339 facility 22,24 3,9 i 1,16 9,11 54:21 56:13 57 4,7,19,19 66:23 73:25 9,10,18,23 78 79 88:25 89 16,22 4,8,18 90:25 91 6,15 17,19,20 93:21 15,21 1,4 96 96 6,11,14,23 5,11,15 2,13 1,25 9,13 2,4,17 104 104 9,24 f 106 111 112 17,21 2,8,15 114 12,19,23 2,7,23 117 5,12 2,2,14 17,22 11,25 10,13,17 128 14,15,25 183 183 185 186 8,20,24 193 7,12,24 202 203 204 8,11,18,25 208 208 7,12 : 6,11 13,19 212 2,8,11,12 12,13,15,19 11,15,16,20,23 215 4,15 223 225 243 244 261 275 306 306 308 309 14,19 318 3,12,16 323 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 ORY re NA PSE NCTM NN ETT EUR STUNT a ERT THES Page 11 1,15,18 326 327 329 339 316 federal 254 259 fact 107 126 127 259 304 137 159 feel 235 236 164 237 250 felt 341 260 266 few 18 37:15 73:10 269 279 284 101 122 123 289 291 131 166 294 299 265 285 286 306 313 335 297 factories 54:14 57:11 66:20 243 244 factory 16,23 39:22 4,6 55 93 101 2,5,22 112 16,19 6,9,160,9,10 9,14 6,23 238 12,15,17,19 259 278 315 fiber 5:17 10,12 100 1,1,7,8 201 224 279 284 285 25,25 298 303 309 310 10,22,25 311 fibers 157 11,20 245 247 248 254 260 344 18,19 failed 285 failing 329 failings 324 fair 43 64:22 157 260 263 276 11,16 278 317 field 172 16,19 235 296 310 7,13 321 347 fairly 71 105 fairness 192 341 333 338 file 6 70:25 240 311 352 fall 12:15 18:16 20 familiar 14:25 16:16 filed 9,15 243 243 245 16:18 99 124 353 131 162 168 fill 68:11 17 201 227 234 240 10 13,13 245 16,19 253 256 258 13,16 134 16,17 24,24 155 14,22 240 285 320 321 filled 88:23 223 familiarize 266 family 20,24,25 46 91:25 fillers 204 224 filling 267 fills 134 Fannin 3 final 246 291 far 12:13 15 24 37:11 38 55 finalized 3371 finances 42 67:18 72 109 financial 249 . 117 136 151 171 192 financially 352 find 20 45:21 94:24 196 198 221 12,23 237 264 347 102 103 143 13,14 194 202 207 279 fashion 93:17 fast 154 155 180 faster 144 finding 92 findings 317 319 340 fatal 248 fine 79:10 101 124 Fax 352 160 275 276 Featherwood 2:16 February 5:23 18,20 259 260 314 334 finer 202 finish 101 112 129 134 135 138 7,8,12,14 146 152 finished 117 133 135 152 finishes 134 finishing 80:19 81 132 135 147 147 149 221 fire 278 fireproofing 278 279 firm 2:15 10 first 8:19 14,16 12:14 18:14 20 21:13 3,6 29:19 18,20 12,18 67:21 69:18 91:15 99:17 104 112 122 124 125 126 127 23,23 150 154 162 166 191 192 195 195 11,19,20 204 205 209 210 213 214 216 229 230 232 234 236 7,8,9,17 238 247 249 250 23,25 265 268 275 283 290 291 299 300 308 310 315 319 336 fit 239 21,22 316 five 12:12 18:19 58:11 63 70:24 139 156 7,10 184 186 187 187 189 191 5,24 2,10 196 197 203 210 239 23,24 11,12 276 282 284 285 302 303 311 312 317 318 318 333 346 346 gallon 256 year 255 fixed 40:22 6,20 277 flail 135 flat 84:13 135 142 fleet 22,24 flip 127 float 68:10 84:22 18,20 floated 79:15 141 floating 40:25 111 113 320 floats 177 321 floor 2:22 3:10 31:23 flour 9,13 flow 63:19 flowers 75 Fluor 5 5 focus 79:13 folks 82:17 122 334 followed 168 following 260 286 335 336 336 337 351 352 follows 8:21 351 follow 272 284 318 327 food 78 forbid 278 foregoing 350 form 4 14:23 36 10,18 42 44 44:18 15,23 80:16 82:20 87:24 88 90 7,23 95:21 96 98 108 109 112 115 119 121 128 139 143 143 145 146 1,12 160 162 166 10,12 2,5,14 18,22 170 173 175 178 9,10,13 180 181 184 190 191 193 195 196 7,8,11,20 198 199 200 9,15 208 5,13 222 223 4,24 226 229 231 232 233 234 238 239 243 13,18 245 10,18 253 11,18 263 9,24 266 271 272 275 279 280 282 3,14 287 291 292 293 296 297 302 303 304 306 313 314 318 324 336 10,18,21 338 342 formal 343 format 213 240 formed 46:11 former 21:15 28:21 forms 167 208 243 298 formula 20,21,23 273 296 297 2,6,14 301 formulas 155 260 261 292 297 308 315 332 346 formulations 3,14 290 Fort 10 61:21 62:14 forth 195 241 Fortunately 300 forward 212 232 239 333 found 181 254 284 292 324 founded 47:24 68:24 78 founder 46 founders 54 four 12,16 18:19 1,3 52 56:16 58:11 70:24 109 115 189 196 207 220 20,23 fourth 183 310 four 131 frame 28:25 29 65 71:25 77:17 91:17 111 112 118 126 134 158 163 185 196 200 225 226 227 235 6,21 255 277 342 frames 200 227 m3 Pe HT ERNSE TEEN PREPAY ER RT SORT Aro YM Nt PEYTON RYE NELL McCALLUM & ASSOCIATES INC 713 861-0203 Francisco 294 316 frank 161 321 322 Frederick 14,15 free 309 11,20 Freeman 9,10,11,13 18,18 2,2 52:20 171 172 17,18 299 307 308 freezing 143 Fresno 2,3,7 81:15 from 1:19 4,11 6:13 18,20 10 15:20 18:17 16,20 23 23:14 11,22 27 2,11,25 31:18 34 10,14 43 43:19 23,25 48 48 53:25 54 55:13 60:21 63:18 65 20,22 67:14 70 72:25 74:22 75 77:12 83:12 10,16 2,3,5 92 94:12 22,25 19,24 9,194,14 1,13,13 101 102 3,16 104 105 108 11,16 111 112 116 117 117 3,12 119 121 122 125 21,22 128 129 135 136 143 146 147 150 154 154 155 158 164 165 167 171 173 10,11,11 175 176 180 182 183 188 190 190 3,5,10 192 2,22 196 3,13,13 199 10,20,24 201 202 203 206 208 3,22 214 21,24 216 218 220 221 4,22 224 1,24 226 19,20 2,13 ~ 232 10,21 - 2,24 236 237 238 241 241 242 243 245 246 13,20 248 16,20 250 251 9,18 255 23,25 | 4,15,23 259 261 262 264 265 268 269 5,21 7,24 271 14,19 277 278 285 286 15,22 289 290 11,12,13 - 12,12 294 299 307 308 311 312 15,17 313 314 12,14,20 316 13,21 318 319 320 320 321 324 326 329 . 6,24 5,17,25 14,16,19,21 336 338 339 2,14 340 341 343 front 64:23 124 125 316 331 full 10 23:25 108 139 205 209 285 298 Fuller 8 8,8 ' fully 241 286 functioned 341 functions 173 Fund 251 252 268 269 288 " 289 funneled 8,11 further 224 274 290 294 ' 310 330 348 9,10,12 353 fused 297 future 291 G G 10 gallon 86:15 2,21 109 23,24 14,14,18,19 gallons 86:18 109 109 198 gardening 74:20 Gatos 15,16,25 310 321 329 gave 122 138 geared 235 Geez 227 general 10:23 17:17 5,5 277 279 302 generally 14:11 17 13,23 25:22 26 37 39:13 41:25 48:15 62:23 78:24 102 129 132 181 184 220 20,22228 20,22228 249 250 277 324 generated 166 229 generic 247 | generically 35:17 245 gentleman 24:23 112 172 246 gentlemen 9:25 19:19 20 52 131 geographic 8,10 116 170 172 172 geographically 35:18 61:19 62 108 . 164 170 Georgia 17,23 71:12 2,5 107 125 126 163 227 Gerard 6 Germer 2:12 Gertz 2:12 gets 136 178 334 getting 17,18 90 183 237 271 285 292 303 322 329 339 giant 133 9,25 Giffins 12,15 4 8:18 9:22 2,5 12 14:11 4,22 47:16 51:16 52 101 124 156 160 166 181 193 196 207 220 226 228 240 266 275 283 308 312 315 317 323. 329 334 349 1,7,13 11,15 girls 148 give 10:23 12:19 17:17 2,8,22 26:14 34 41:24 42 47:16 64:24 72 89:20 ' 100 134 135 135 137 151 163 179 227 233 271 275 311 11 322 335 341 341 345 given 12:10 12,25 169 187 196 200 284 350 351 352 gives 146 151 2061 346 giving 175 177 183 Glidden 5,7 4,5 48 glue 146 glued 298 310 go 12:13 13:24 14:23 21:14 25:14 28:11 29 31:25 35:10 3,6 41:21 46 47:21 56:24 59:19 64 67:21 70:25 71:14 74 78:14 82:22 83:25 85:19 89:18 7,10 92 95:15 97:18 99:18 101 103 108 108 112 . 122 6,18,24 2,11,13 132 137 140 142 8,16 13,24 144 145 147 156 157 163 167 170 3,24 1,15 3,5,6 178 182 184 185 2,9,14 191 195 196 199 202 203 207 pH EAR ETOP Ia * 208 214 220 1,25 8,8,19 228 15,21 20,21 239 240 241 253 255 257 258 262 263 264 280 281 282 284 285 296 301 4,15,16,19 316 317 318 14,17 18,21 333 335 336 344 348 348 Godwin 3 goes 35:20 57:23 65:21 67:17 68 70:17 73:16 74:16 88:20 95:25 99 134 11,12 178 223 243 251 256 going 10 21:14 26 3,5,24 4,5,23 23,25 12,13,25 ff t 65 79:13 81:16 88:14 17,18 93 94:10 101 123 124 147 155 11,14,21 165 171 172 174 19,22,25 180 184 188 189 192 204 206 207 218 228 229 229 230 232 235 238 239 254 257 258 15,19 23,24 281 282 284 285 285 286 291 15,16 294 304 310 317 327 328 329 331 E 334 335 337 4,12 23,24 golf 77 gone 14 96:12 100 104 139 141 171 181 195 231 318 335 good 6,8 22,23 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 69:18 83:24 90:15 101 156 180 193 212 213 254 305 goods 115 gotten 252 governed 324 16 227 hammers 132 hand 133 140 141 142 145 350 handed 220 294 handle 62 73 government 221 263 264 345 governmental 316 GP 10,19,22 grade 30:23 grading 224 graduated 22:16 grainy 75 84 greater 190 Green 4 26:21 351 353 grew 21:19 Griffins 190 grittier 146 grocery 130 ground 219 224 267 345 group 290 292 growth 216 Gruber 3 guess 29:17 39 47:11 53 59:12 14,14 67:16 69:17 75 17,18 84:12 87:19 127 130 133 146 148 160 12,17 198 245 280 281 290 296 305 310 312 314 guesses 93:18 guesstimate 124 guidelines 286 , 341 guy 47 86:17 148 175 287 guys 85:14 162 | 177 179 199 2691 290 308 Gypsum 24,24 249 handled 82:23 90:12 220 handles 249 handling 263 267 10,19 315 hands 234 13 handwritten 166 handy 141 hand 114 Hanna 48:21 8,18 19,20,22 3,13 20,20,24 104 9,13,16,17,21 3,15,17,25 14,16 happen 83:15 175 245 320 329 343 happened 28 67:20 76:24 7,17 94:14 106 10:11 115 116 165 193 193 208 214 235 254 344 happens 267 happy 22 47:18 51:23 65 hard 153 198 206 260 294 HARDIN 8 351 353 hardly 112 hardship 333 341 341 hardworking 26 harm 157 263 19,22 Harp 309 323 HARRIS 350 H H 49:21 Haag 3 290 313 314 habit 145 half 22:10 154 199 Hamilton 13,20 Harrison 19 12,14 Harrisons 8 Harrison's 328 329 hat 46:23 having 8:19 13:15 14:20 79 117 124 157 159 206 247 287 nN ORT INST SPT TAT WT TA NP A R RETRO Te Page 13 298 Hawaii 22,25 head 14,18,19 94:25 2,10 122 163 48 52:12 53 15,18 268 3,6,7,16 8,10 211 269 276 294 Hayward 16,18 hazard 339 hazardous 316 6,9,11,13,14 hazards 2,15,18 253 293 Hazen 2:18 3,8,14 16,16 14:23 36 10,18 4,22 251 299 307 headed 222 308 309 316 | headquarters 23:11 20.24 345 : 50:21 54:11 21,23 hired 26:17 46:15 : 1,2,15 4,5 hires 28 262 168 health 6 2,14,18 233 236 243 243 247 253 hiring 38 66:21 ; 281 i historical 23021 241 250 292 7,18 9,11 258 283 293 history 14:12 46:10 16,20,24 63:21 293 295 47:17 64:24 : 15,23 79:12 80:16 339 hit 18:18 i 82:20 87:24 88 related 245 hoc 228 7,23 95:21 96 257 hold 38:17 120 1,4 8,12 108 109 112 115 9,11 hear 201 253 heard 94:22 5,12 227 269 285 132 137 298 pearcgin: holds 46:18 t holes 84:18 135 121 5,12,18 123 124 144 145 146 147 147 148 150 8,11 158 160 162 166 10,12,24 167 170 173 174 175 182 184 190 191 193 195 196 197 11,19 198 206 220 222 222 225 229 231 232 233 16,19 292 hearing 259 336 heat 4,24 heavy 84:24 174 306 heightened 250 272 held 20:16 39:25 142 294 help 17:18 54 77:25 141 147 148 229 233 helpful 99:19 helping 52:10 her 82:25 Herbert 12,15 4 home 10 9,11,12 14,18 9,12,14 15,20 111 2,4,10,13,16 aene 129 275 313 8,12 elect homes 82:19 135 287 pens honest 26 117 PCr honestly 190 Hooked 48 av Te hope 95 ee hopper 141 142 Myon AE hose 142 CN hour 51:13 156 SOEX 284 327 2,20 246 8:18 10 349 333 10,18 251 253 263 264 1,7,13 11,15 hey 51 101 156 hourly 285 hours 275 285 264 22,24 4,20 271 206 322 she 350 19,22,25 286 351 273 9,14,18,23 276 15,21 hierarchies 63:17 hierarchy 3,16,23 house 21,25 83:11 131 145 176 280 16,20 65:10 181 252 283 3,14 287 291 292 296 302 high 4,16 9,15 282 higher 271 298 housekeeping 124 houses 176 310 320 . 303 304 306 308 312 313 314 315 316 316 318 highlighted 2,11 313 highly 247 exposure 286 Houston 10,13,16,22 54:15 3,5,9 56:13 62:18 85 6,7 89:22 90 91 92 320 11 323 324 330 333 15,20,24 334 rises 177 Hill 10 162 him 8:10 15:17 17 92:21 5,23 165 11,12,18 215 21,24 216 4,8,10,14,22 7,12,23,24 3,4 352 353 338 4,13 5,6,7,7,12,13 25 HPO 298 328 348 351 25:11 27 46:16 hub 61 PN RPE Rp NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 14 huge 16,17 Hughland 6:20 316 huh 26:18 27 Huh 61:18 93:15 153 199 human 16:20 humidity 155 hundred 219 Huntsinger 3 Hurst 38:13 49 50 11,21,22 54:20 1,9 59:22 4,5,7 60:18 8,8 62:10 62:10 6,18 73:12 73:13 94 6,7,9 102 209 14,16,22 212 215 249 306 309 17,17 1,15,18 327 7,13 hygiene 274 277 279 6,11 282 284 311 317 319 324 hygienist 11,18 263 267 270 292 hypothetically 85 H.B 6:13 I Idaho 36:14 idea 17:17 25:22 41 14,19 54 59 75:18 94:19 96:16 97:10 22,24 101 106 115 127 21,25 155 158 162 165 180 190 8,11 195 196 216 233 244 256 280 340 identification 241 identifications 127 identified 18 105 17,20 4,12 159 160 167 208 240 255 identify 123 155 158 182 222 identifying 105 123 159 identity 11,23 18:22 , 104 208 IH 324 191 7,17 1,2,4 235 instructions 5:10 158 | illnesses 4:22 298 immediate 261 341 207 215 244 256 273 307 240 244 245 220 13,24 221 245 251 252 instructs 42:14 ; e 8,18,20 253 instrument 350 16 immediately 273 277 278 290 _ 292 304 indicating 63 189 230 12,17 268 337 345 9,12,16,23 9,12,16,23 258 258 260 269 274 290 insulation 278 Te insurance 281 282 327 impact 340 impacted 338 346 indication 236 291 292 335 insured 21,21 RT 335 1,16,17 integrity 72:12 95 TIT implemented 287 15,17 319 implementing 313 implications 196 237 265 299 indications 236 286 indirect 19:24 19,23 352 148 CH a informed 335 343 Intended 113 Ne rae ingredient 100 intention 172 146 interest 42:20 312 implies 284 imply 12,13 import 96:19 important 322 323 individual 13 66 ingredients 33:23 34 312 A 82:17 3,8 108 80 87:21 89 91 interested 42:16 ITE 109 245 346 individually 96:14 91:18 96:22 104 129 21,23 195 352 REY interesting 17,21 aa individuals 17:12 19 137 139 145 217 305 FS impossible 174 impression 160 194 291 improve 173 287 improvement 11,12 15,18 14,15 111 2,5,13,16 20:10 30 45:10 industrial 30:23 31 65:13 1,7,13 84:25 174 175 175 176 177 11,18 263 267 270 274 156 158 159 223 224 225 225 267 initial 27:17 initially 346 initiate 280 initiated 5,20 interface 39:20 ee interior 30:22 ITE interject 226 internal 180 228 229 231 296 internalize 67 at e nese internalized 79:20 : 129 277 279 281 277 interpret 270 i inability 338 inaccurate 126 281 282 284 292 311 317 initiative 322 initiatives 342 292 309 337 337 f inadequate 313 Inc 9 9 9 9 11,17 324 industrials 177 injuries 4:22 244 298 interpretation 59 interrogatories 240 i 328 9,19 353 353 | commercial 174 injury 12:25 245 249 240 interrogatory 241 inches 345 include 43:11 215 industry 78 79:15 83:22 16,23 input 130 338 inquired 279 interviewed 18:20 : Intracompany 4:14 : included 243 256 295 250 251 255 268 5,14,20 inquiry 42:15 Inside 54 introduce 9:24 inventory 331 includes 298 352 16,22 2,9,18 inspect 280 281 19,23 338 i income 174 289 21,22 282 339 340 346 increase 186 297 2,23 inspected 275 277 invoice 4:14 9 166 | 297 influence 130 303 15,16 328 increased 269 influencing 210 inspection 270 275 invoices 170 328 320 inform 263 318 9,11 involve 13 37:25 indentations 132 information 3 18 327 involved 10:24 11:18 indentions 132 20:13 9,25 43 inspections 258 12,15,16 21:19 { 135 index 1,20 210 219 65 89:13 10,17 9,23 175 16,17 182 4,14 281 320 installed 262 30 31:19 1,3 i 53 58:19 65 4 70:22 75:24 78:11 indicate 159 169 8,12 12,17 instance 1:17 155 133 193 229 192 236 251 192 193 169 175 230 232 244 : 273 276 290 297 318 343 203 204 205 16,22 5,10 182 233 247 264 289 249 251 260 291 343 : indicated 56:12 161 208 209 instead 27 66:21 345 171 239 244 212 4,21 177 228 involvement 11 257 277 298 216 4,10 296 19:25 102 264 & SE 298 299 328 222 5,14,19 Institute 236 251 289 1 336 337 343 2,13,22,25 230 16,20 252 involves 336 eMC SI aR indicates 41 119 10,22 17,20 258 involving 21,24 N EC MARITAL AMINE PO me AT EE NOE rae EET cgPM STI P RE RR ETRO O RR AUNT SEANeSTR IE PE IONE YN T SPAT SER ETE Ce Pacer NELL MCCALLUM & ASSOCIATES INC 713 861-0203 house 67 182 store 180 Irons 3:10 Irving 7 269 | issue 200 230 250 243 245 2501 278 284 300 16,20 314 341 343 issues 13 15 18 42:18 8,12 51 54 86 196 230 16,23 234 20,20 7,21 258 259 2701 280 290 9,22 300 312 335 item 181 1.244 items 33 34:15 71:16 16,21 157 179 180 J January 7,19,24 7 38:12 258 259 274 275 318 326 327 327 330 331 14,24 333 337 19,23 7,15 340 341 5,14 343 345 346 347 JEFFERSON 3 351 353 Jersey 22 job 26 27 145 177 9,11 235 310 jobs 28:13 34:10 82:18 82:19 308 310 Joe 24:24 27:14 John 19 20 26:21 Manville 5:24 6 5 200 224 224 226 253 253 258 265 268 2,5,6 Manville's 270 join 24:15 joint 31 13,14 34 50 69 3,4 71:21 3,14 101 4,21 4,14,19,20 104 105 106 107 107 109 110 12,13 115 116 117 6,8,17 127 128 129 129 130 3,8 131 134 136 141 13,19,22 122 123 124 12,13 1,13 131 133 135 13,15 137 4,18 2,16 142 143 148 150 154 156 157 158 160 6,10,10,13 163 166 168 144 163 165 169 170 165 166 169 169 177 204 6,12 9,11 226 250 278 279 290 315 317 331 176 8,16,17 179 181 182 186 190 10,16 192 196 1,6,10 204 208 209 8,15,17 338 338 339 340 212 4,12 216 223 224 340 344 13,15 6,11 224 228 230 231 233 234 joints 113 129 234 236 239 131 134 joists 135 JUDICIAL 5,9 351 240 12,13 244 245 246 246 247 351 353 249 252 July 9,13 4 283 254 255 13,18,23 309 266 10 267 271 320 11,12,13 274 275 331 277 279 285 jumping 28:25 37:19 June 5:11 6:10 41 299 301 286 290 293 30011 12,17,22 306 311 319 | 308 309 320 322 324 13,19 333 337 338 339 13,17 341 6,14,19 13,17 329 18,21,24 334 335 341 347 347 343 344 14 347 Jury 9:25 131 just 8:11 21,23 15:11 13,21,23 18 20:23 8,18 29:16 32:23 4,17 K K 53:15 Kathy 1:19 351 352 353 KB 323 36 37:14 40 41:24 42 3,6 keep 19:14 52:18 79:11 154 170 193 21,23 16,21,25 259 286 302 6,22 51:11 55:20 308 335 343 58 59:13 60:15 63:21 67 71:19 keeping 215 217 259 335 336 8,16,17 76:11 78:19 81 1,6 86:15 7,7 95 Kellogg 2 9 Kelly 6,6,10 3,7 48:10 54 98:20 101 102 105 108 109 10,11 112 116 117 119 Moore 2:17 8 10,15,23 4,9 7:13 9:17 9,12,17,25 4,11,16,25 13 Page 15 12,16,22 21,22 15:24 4,8 9,12 16,20 1,5 13,23,23 9,10 ' 17,24 262 16,24 264 1,14 264 7,17 270 271 273 17,20,21,23 24:15 274 277 14,20 7,11,23 7,11,23 9,13,20,22 28:11 278 1.12 281 285 29 1,8,10,11,20 30 14,17,20,24 31:11 286 9,21 290 293 294 31:19 33:17 4,8 295 307 12,16 35 38:20 39:24 15.17,21 317 320 322 329 331 2,15,23,25 6,8 336 337 338 11,16,16 7,10 46:12 47:17 48:23 49 50:10 51 11,22 6,16 1,14 2,22 343 344 53:23 55:12 59:20 346 347 66:15 67 6,11 69:20 70:16 2,7 Moore's 29:23 29:25 114 126 11,24 17,20,24 167 228 229 14,22,25 75:23 241 268 338 i 79:21 8,10 83:21 84:24 85:12 3,18 5,6,10 7,11,16 7,11,16 91:24 92:13 93:17 95:20 1,19 97 98:12 99:11 101 339 rer kept 92 94:18 2,5 98:20 13,15 242 254 292 key 223 kind 18 19 21:23 7,18 4,7 24:20 40:14 54 105 106 107 9,16 110 17,24 114 9,17 120 124 125 126 12,23 8,13 130 143 154 157 160 162 163 165 166 168 169 18,23 1,3,4 4,9,10,11,12 174 175 176 RS 56 61 65:10 66:18 4,6 88:10 5,14 21,23,25 4,17 131 132 132 138 9,13 ta 158 159 161 172 181 198 SRS RES 199 206 216 223 233 mercoS Ce 240 258 271 ater IO 290 319 ZT 334 PA kinds 124 134 177 23,24 180 182 193 135 Kirkland 207 208 { 15,23 195 196 200 202 kitchen 140 kitten 32 214 221 227 227 7,9,14,21 10,13,21 231 9,16,21 233 234 235 236 237 11,18,23 240 242 243 246 7,17 250 250 10,24 252 2,12,13 3,25 KM 8,10,11,12,13,14 15,18,20,21,23 4 6,8,9,11,12,14,16 17,19,20,22,24 6 4,6,7,8,10,11,13,14 & 16,17,19,21,23 3 5,6,7,8,10,11,13,14 7:15 19,21 80:18 84 20,21 127 166 222 240 255 8,13 254 273 8,24,25 260 289 293 299 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 16 299 308 309 11,13 321 323 327 330 KMX 181 208 254 19 266 274 274 312 336 336 KM 315 KM 117316 KM 296 knew 20 24:22 25 25:11 28:12 48 181 241 288 knock 132 know 14:20 2,9,11 14,17,23 2,15 16:19 17:24 7,12 21:18 24 25:18 3,5,8,17 27:18 15,24 18,21 6,14 1,11 35:25 36 4,22 1,12,20 44 45 3,4,10,14,15,19 47:11 48:18 49:25 50 16,18 52:17 54:14 55 14,21 10,20,24 13,17 70:21 10,23 72 73:25 5,6 75:23 1,13,17,22 80 80:12 82:24 83 86:10 5,12,14 89:15 3,8,11,12 10,13,21 14,17 20,23,24 1,15 19,22 96:18 97 97:14 98:25 99:17 11,17,25 102 5,9,11,12 104 10,18,19 105 18,18,21,24 7,11 1,5,10 107 108 110 114 4,17 9,15 119 121 125 126 127 11,17,20 21,24,25 130 140 144 145 145 146 148 10,16 149 150 151 152 6,14 155 10,14 16,19 160 161 162 10,14,19,24 4,7,9,15,18,18 4,15,18,19 15,21 5,20 18,23,25 169 | 170 171 172 172 174 176 189 10,10,11 18,20 3,4,9 16,17,18 193 17,22 195 14,18,20 197 199 200 201 5,6,10 203 203 1.4.8,20 208 209 214 . 217 218 17,22 221 | 224 226 227 228 9,15 234 235 237 14,17,24,24 17,17,22 239 239 243 16,17 245 12,19 14,18 248 24,24 21,24 3,11 252 253 254 254 255 256 256 259 261 261 265 268 21,22,23 269 269 4,11 271 272 276 13,19 3,12 15,18 9,24 282 3,15 285 286 287 12,21 1,7,13 288 5,8,12,16 289 5,6,21 292 18,24 294 6,20 12,16 298 299 301 303 20,21 306 310 313 316 316 6,17 319 320 322 322 4,10,18 325 328 329 6,24 337 339 18,21,23 1,11 344 16,20 346 347 348 Knowing 83:15 knowledge 67 72 82 92:14 102 104 105 106 116 118 121 125 130 159 171 20,22 230 266 344 known 46:11 350 knows 140 M 111 L L 2 5 297 351 353 lab 19,19 13,18 88:22 label 6,23 263 13,19,21 266 Jabeling 157 158 5,25 160 5,14,16 274 16 labelings 160 labels 4:12 154 158 160 222 263 273 274 labor 140 lack 192 lacquers 31 Ladies 9:25 131 lamps 75 land 50:13 2,3,5,9 344 landfill 1,3,4 language 2,3,15 334 337 large 74:18 83 84:25 85:24 109 111 141 4,15 346 larger 6,7 93:17 - 200 231 largest 69 164 Larry 2:21 Las 7 last 15:24 3,4 39 64:10 67:21 147 156 189 211 211 217 218 336 347 348 late 125 190 193 200 209 212 234 251 295 326 348 348 lately 51 later 37:23 107 117 158 166 9,10 193 196 335 lateral 63:16 latest 290 latex 1,1 law 2:15 238 263 300 301 305 307 340 Lawrence 246 lay 129 lays 65 240 lead 42:18 learn 31:25 269 learned 76:11 lease 83 leased 21,21 least 15:16 175 21,25 229 257 259 266 268 290 291 295 leave 134 135 leaves 160 leaving 24:13 ledger 212 left 20:14 21:10 22 23:16 24:12 25:13 53 101 166 226 288 332 legal 8,12 legally 339 length 202 less 147 148 188 190 21,25 298 308 332 , let 11 42:23 43 51:18 54:17 55:11 59:17 79 85 92 112 18,25 126 154 179 194 203 207 232 2341 267 284 290 317 322 329 letter 6,11,19,24 6 13,14,16,17,19,21 6:23 3,5,10,12 202 13,17 236 257 258 16,22 268 269 270 275 284 288 289 293 294 307 311 312 - 312 313 315 12,17 316 317 322 323 334 23,25 337 345 letters 156 231 299 312 336 337 let's 29:19 41:21 51 67:21 69:18 95 11,12,16 121 122 124 127 b 131 136 137 e 144 147 163 178 190 198 1,19 236 253 257 268 16 309 316 316 333 338 level 29 42:15 229 SL ^' 284 310 318 levels 259 275 7,19 Levick 6 Liberty 5:19 14,16 6:21 258 262 267 268 271 274 276 277 1,2,17,22 5,12,24 283 283 303 311 312 314 315 317 324 light 272 lights 75 like 9 7,17 12:20 13:17 31:25 32:22 34:17 40:14 44:19 50 55:13 56 59:22 61:19 64 66:17 5,19 74 5,8,11 77:13 78:25 79 81 82:13 85:15 87:23 1,25 93:17 95:16 98 99:20 103 107 11,25 110 119 126 16,18,22 2,23,24 131 132 2,3,25 135 136 137 9,13,25 144 148 24,25 151 17,21 157 158 160 ERROR ST: MRA ESTE te ERAPT EET TE RENEE pga Te! TME CRNOE UN Are OMe e oe NR TEENS ARE GT MTRE RATA ERO ASST ANE PAR aR pr ge ey PN AT PR T TENET NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 17 9,13,25 161 163 167 170 7,25 177 17,23 179 3,5,6,13 183 185 187 198 203 206 207 216 220 221 225 239 244 247 248 251 252 255 256 20,23 269 288 9,18 296 299 303 308 311 312 313 315 320 333 340 345 likely 99:12 217 likewise 204 limestone 224 limit 283 333 limited 71 limits 275 282 285 303 304 line 17:21 22 35:14 39:19 66:17 67 71 76 77:13 80 80:20 105 106 107 112 128 162 6,14 183 201 212 213 215 232 233 238 241 244 257 267 277 287 302 315 320 336 349 lines 30:16 12,16,20 33 11,13 71:11 73:20 16,25 81:10 15.21 97:25 98 3,5,8 101 103 104 110 10,18 112 113 117 117 118 119 7,8,15,19 120 20,24 10,15 21,23 2,7,11 127 150 154 156 8.15 162 164 165 166 167 171 178 179 184 191 15,18,19 195 196 199 202 204 211 213 216 227 230 9,22 5,12 240 251 254 302 302 335 338 liquid 12,14 list 4:10 68:21 124 125 10,15,16 126 127 154 180 225 226 255 listed 54:13 58 59:10 103 125 225 226 240 listing 44:13 64:16 178 222 223 listings 224 lists 58:11 59:13 166 180 226 240 267 324 literature 9,23 102 16 litigation 10,16 14:13 229 little 29 20,22 51:20 56:23 63:12 72 74 100 107 131 135 10,13,17 137 10,14 143 3,14 147 148 151 151 156 159 181 185 186 187 196 199 202 224 227 233 240 241 303 322 live 52:13 livelihood 82:25 lives 20:20 52:21 53:17 living 52:16 load 199 328 local 20,21,24 109 170 171 173 175 20,23 220 313 328 340 locally 35 located 33 48:12 13,17,24 102 112 114 115 118 119 208 213 327 location 16,23 16:10 94:21 115 3,19 118 3.10 169 208 locations 58:12 182 220 logical 44 67:11 187 281 logo 18,21 137 logoed 130 logos 222 long 18:12 32 100 101 104 113 117 133 166 168 207 211 227 236 11,14 261 15,17 longer 54:19 74:16 331 333 334 look 35:15 53:25 60:14 65:10 71:15 88:15 103 123 124 124 125 126 1,12 23,23 130 135 142 152 156 158 167 170 174 179 180 182 13,17 11,19 5,20 7,23 6,17 3,16 12,18 203 20,22,25 207 208 209 210 12,22 215 216 217 218 218 221 224 230 240 255 256 260 5,17 263 266 267 291 298 307 9,12 312 314 317 333 _ 333 334 348 looked 10,11 64:22 74 110 20,22 122 13,16 132 154 160 170 187 224 256 260 261 263 265 287 344 347 looking 21 25:23 42:17 101 123 11,15 140 156 157 158 184 194 197 18,18 204 232 244 1,13 267 280 346 looks 26 55:13 6,9 75 79 95:16 99:20 137 149 149 154 157 178 179 185 203 206 216 225 244 19,23 296 311 312 Los 15,16,25 310 321 329 lose 148 losing 308 loss 312 314 lost 244 lot 13:15 18:13 30 3,5,21 53:20 59:13 77:16 78:14 80:11 84:12 85:11 105 108 110 111 131 133 134 135 136 136 139 140 144 145 148 154 156 12,18 173 181 197 197 5,6,19 20,22 207 219 227 228 230 231 243 260 262 267 287 292 Louisiana 37 Love 6:18 312 314 12,14 low 167 216 _ 259 lower 282 297 Lowe's 75 lumpy 134 lunch 10,15 lung 245 18,23 246 246 247 248 264 13,21 9,20 271 290 291 4,13 RASET RN T SOREN sieve eS {PETAR ETC ELA TE COR9 lungs 244 245 L.L.P 1:22 12,18,21 3:10 M machinery 177 machines 81 141 141 142 153 made 6 13 25:18 27:17 15,16 30:17 |: 31 34 13,25 50 57:21 65:15 7,16,25 71 72 72:14 74:18 75:21 77 81:10 2,4 87 88:19 90:20 93:23 96:19 102 21,22 3,12 103 3,20 1,19 111 118 119 121 140 148 152 155 156 6,10,23 164 165 168 183 18,21 1,8,22 191 17,19 193 11,15,17 198 SE Y 17,21 205 7,23 211 212 213 214 SOP 214 5,7,8 ost 4,22,22 219 ee 220 9,13 Ragen 223 6,10 227 228 232 Ge 234 235 16,17 251 ST 5,25 255 260 10,12 262 Fe 265 268 273 274 277 279 290 291 304 307 309 15,17 320 325 340 347 21,22 348 main 9,10 1,2,3 15,19 63 112 193 278 major 266 267 271 majority 61:25 229 ee make 32 22,25 aK SRM 34 42:23 44:16 49:14 50 51:13 Pind NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 18 52:10 69:24 72:13 80 85 13,19 89 102 103 113 11,24 117 118 119 119 3,18 132 150 155 18,20 3,20 175 176 18,22,23 192 195 202 205 207 12,17 214 3,20 226 242 259 259 261 262 262 7,17 279 13,16 297 301 303 304 304 306 319 22,25 3,15 . 330 1,7,16,22 332 333 334 340 348 makers 60:22 makes 30:25 78 123 198 making 7:15 75:24 76 78:16 79:25 14,16 102 103 106 2,9,12,21 118 119 120 125 148 165 168 177 189 202 206 211 211 7,8,16 20,24 243 246 274 278 297 303 305 10,11,18,23 - 313 324 325 13,17 8,8,12 13,14 348 man 163 227 347 manage 61:22 managed 99:18 management 19:22 29 1,1 44:14 11,23 67:12 86 96 160 manager 20:18 2,17 23:21 25 13,14 53 60 272 1,15 321 14,22 managers 3,4,25 , 343 mandate 263 348 mandated 272 mandates 271 314 mandatory 272 manner 323 ' manual 145 170 manufacture 4,12 31:15 77 180 181 241 304 305 329 8,13 14,18 340 345 346 manufactured 30:17 30:20 34 66 69 76 80:14 81 89:23 106 113 117 124 204 | 337 manufacturer 23,24 89:11 102 328 338 339 manufacturers 93 250 259 333 manufacturer's 21:12 339 manufacturing 31:19 33:22 50:10 56:14 1,9 60:21 66:23 75:24 77 90 105 106 112 113 10,16 115 167 203 203 214 223 228 274 290 309 335 340 342 347 Manville 225 226 257 293 many 12 28:24 29:21 38:19 13,21 47:12 62:23 78:11 119 121 122 125 135 136 139 169 18.19 218 231 255 329 ; 335 map 119 March 6:22 317 318 margin 166 mark 2:15 9:10 312 marked 7:16 127 222 market 14,15 33:10 35 41:22 75:21 107 13,15 - 156 164 171 171 173 241 marketed 302 marketing 160 14,22 markets 29:16 70 166 11,14 6,13 Marquardt 14,15 290 Martin 299 masks 313 material 4:20 32:21 37:16 66:20 12,13 96:16 97:11 98:16 100 6,14 107 8,10 109 115 118 129 134 138 138 140 145 147 165 191 10,12 202 225 226 227 235 252 253 253 257 260 264 267 294 296 297 21,22 299 300 308 309 311 328 329 329 21,25 344 346 materials 13 32:25 6,18 82 104 14,17 136 181 222 223 223 225 232 . 250 261 330 . 11,13 348 math 199 matter 12:11 42:19 108 124 143 236 322 matters 12,17,20,21 10:24 5,10,12,15 12:24 15 1,14 52:11 maximum 285 may 13,18 6:23 7:10 8:16 17,18 17 19:24 21:16 28:17 32:17 42:18 52:11 54:17 18,21 62 68:18 8,10 94:23 95:25 105 122 123 124 127 132 16,25 157 160 169 169 170 171 8,13 177 181 200 211 214 221 226 230 240 247 252 252 262 263 277 281 292 300 307 310 311 19,24 326 327 335 336 337 345 349 351 maybe 12:12 51:13 7,10 59 90:15 96:14 101 108 115 122 142 149 160 164 165 170 175 177 186 197 203 213 223 228 233 235 246 255 261 262 8,13 314 11,17,25 334 Maynard 2:21 McCallum 351 353 McCarroll 1:21 2:18 McDonald 17,19 16,18 : mean 17:24 35 41:12 42:12 47:20 60 72:20 88 9.12 93:23 104 106 148 152 171 174 181 191 198 199 212 229 232 21,22 237 280 281 286 18 289 307 341 means 1-191 204 284 314 meant 145 191 224 285 296 313 328 measure 281 measurement 235 measuring 285 mechanical 141 medical 236 246 ie 248 249 281 medium 154 155 meet 7,23 25 26:25 87:21 174 308 meeting 16,22 4 ~ 19:25 21 273 2741 289 290 OTR 292 293 13,15,19 296 meetings 11 19 MEMOS 269 271 272 RTM HEI 290 296 SS Melinda 2 8:25 TEI 7 member 250 251 I UN GT TAT 15,16,19,24 members 11,25 46 ERT. 251 273 memo 4,8,12,14,20 aE 6 6,7,13,14 SR CSB 254 260 266 285 296 308 321 323 SEIT 324 331 SRST" Memorial 352 ATR 353 NT! memory 25 69 TR 145 SIRE memos 231 22 296 299 303 337 men 290 mental 251 mentioned 14 38:25 57:12 103 107 164 10,11 223 236 251 253 258 288 mentions 287 295 merchandise 13,14 merchandising 37:20 merit 40:17 Merrill 5 13,18,20 14:25 15 17 13,14 56 68:22 232 12,13 254 1,15 16,23 260 274 283 286 3,3,14 2,3,12,14 295 16,21 312 315 316 321 323 326 334 OT ga EPPS SO ART ORB RSE RT AE: PEPIN Ss penne carer ton BONER MNT EASE ema PEAR ROP S ER BT RS RR IRR Tar TAT AL HR MERE CASA Segre MIRON came EE PNM TI AN eT STEER EM NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 19 Merrill's 202 207 217 317 mesothelioma 247 333 247 1,2,10,16 | minutes 282 333 264 265 295 14,25 295 messed 262 met 19 20:24 3,10 21:12 25 27 89 17,17 303 metal 22,22 2,17 Metroplex 62:12 Mexico 35:23 37 misinterpretation 292 | mislead 262 | miss 18:18 missed 16,17 96:15 102 108 158 missing 127 Mica 224 misunderstanding Michael 6:18 312 160 Michelle 8 8 misunderstood 246 Michigan 13:21 mid 31:11 121 251 middle 161 mix 71:21 132 138 18,20 141 4.10 151 12,14 197 midway 10 might 61 72:23 105 109 123 131 140 148 226 216 223 235 mixed 139 16,17 143 144 148 miles 13,13 mill 59 Miller 1:19 236 23,24 274 9.18 291 351 352 149 150 mixing 81 139 267 mixtures 134 modification 222 327 353 milliliter 278 317 million 197 198 mom 4,17 moment 8:15 227 mom 173 176 13,25 199 millions 41 min 333 monitor 271 monitoring 327 Monospray 161 mind 8,10 52:18 123 127 154 228 262 12,12,20 Spray 4:13 month 7,25 296 299 302 308 327 Mine 47:15 mined 32:23 mineral 32:20 57:15 Monthly 168 months 226 331 332 17 341 Moore 25,25 2,7 27:24 1.5 30:10 minerals 15,16,23 33 59 65:14 79 79:18 1,7,13 mines 33 40 43:10 2,11 46:14 47:25 48 54 72 75:12 79:24 99:22 291 mini 74 332 23,24 minimize 284 minimum 6,10 345 346 more 12:20 20:25 29:10 3,22 33:15 mining 7,11,12,14 33 17,1187,18 58 58:12 15,16 79 minute 54:17 76 149 187 43:17 62 77:11 85:20 88 95:19 99 107 108 2,24 121 126 128 135 22,23 136 352 need 8:23 21:17 51:17 fF 138 140 141 144 4,12,20 6,13 2,17 158 164 167 169 170 173 21,24 9,23 207 | mutual 5:19 14,16,21 14,16,21 24:20 258 262 267 268 271 274 276 277 1,2,17,22 5,12,25 283 283 303 54:24 79:11 88 ; 93:14 112 133 | 137 20,20 ; 177 226 229 tl 241 242 i 266 275 : 301 318 : 211 221 227 311 312 314 327 12,13,20 241 245 247 315 317 324 334 348 250 254 Myers 14,22 needed 168 259 300 301 262 277 316 322 327 N needs 35 efficient 298 N 10 21,21 53:15 53:15 negotiate 27 86 neither 352 morning 22,23 10:13 10:15 140 nail 131 132 134 135 Nell 351 353 Nevada 36:10 39 most 15 24 33 nailed 135 58:12 59:12 64:20 111 151 195 nails 5,17 never 44:19 15,17 217 228 230 name 1,2 16:16 19 11,14 99:16 117 275 297 308 19 49:17 69:13 127 230 270 mostly 30:18 35:18 93 141 157 7,11,13,24 74 7,11 92:12 103 new 22 35:23 41 48 49 118 motivation 175 105 18,18,22 143 212 move 51:12 75:20 79 112 113 118 214 19,25 115 - 118 7,19 1,21,25 310 moved 16:13 48:20 127 131 320 321 322 76:15 115 116 137 189 227 338 15,18 3,9,10 172 183 208 246 299 350 Newark 57:25 next 34:10 56:25 59:10 218 named 36 113 64 69 75:22 78 moving 16,20 102 108 116 names 14:19 106 107 128 163 79 80:18 83:21 101 121 182 7,11 352 126 127 131 MSDS 6,12 much 35:23 41:23 54 Nantz 2:12 12,12 8.20 198 136 137 138 142 144 146 59:19 86:24 109 127 138 168 199 3,9,15 223 226 253 147 148 149 150 151 153 169 3,17 182 190 191 193 9,15 198 205 209 213 218 231 234 235 293 294 333 334 340 2,20 346 2,5,7 mud 8,10 9,10 134 142 muds 79:16 6,11,13 multiple 63:12 multiplied 185 multiply 197 198 purpose 293 Murphy 259 260 291 11,18 297 298 336 337 10,18,21 national 24 3,8 227 17,19 320 nationally 1,10 163 nationals 30 natural 7 21,24 nature 11:17 17 19:20 47:21 77:20 159 Navy 48 Neale 6 near 52:23 necessarily 119 216 161 166 22,23 188 201 202 205 207 209 215 218 220 228 261 265 266 268 270 279 283 288 289 296 9,10 10,15 299 309 311 314 317 320 321 323 331 nine 184 nobody 18,20,20 nominal 44 non 172 302 must 273 313 necessary 274 290 326 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 20 none 206 nonetheless 340 nonexposed 271 Nonhazardous 32:24 nonpaint 34:15 nonresponsive 290 313 337 asbestos 7 261 300 301 302 6,16 308 14,23 309 17,25 322 1,12 330 197 198 203 204 206 210 216 16,17 228 230 231 232 6,15 4,9,10 258 261 273 284 10,12 298 299 312 313 313 314 316 319 320 323 324 327 327 336 347 numbered 1:18 271 272 275 279 280 286 286 287 291 292 297 302 303 304 306 14 7,23 318 324 21,22 4,10 18,21 338 4,13 objections 4 objective 39:23 171 obtained 228 obviously 14:25 102 officing 61 oh 16 18:15 25 39:15 46 51:15 69:22 71:21 83:25 85:25 94:22 121 149 4,12,20 205 206 207 224 227 230 251 253 255 264 282 285 296 315 318 323 336 346 347 347 * 17,25 101 11,24 103 ey ciate 104 108 - 109 110 111 tae 111 11,14 ey oS 113 115 116 BS 3,13,23 118 118 1,6,13 TN PTR 1,5,7,13,23 ORS 4,20 8,18 11,12 124 2,11,17,21 OTN ITE 10,14 4,20 AIE 2,9,11,17,25 TE asbestos 302 303 noon 101 norm 20:16 normal 82:22 109 145 165 174 normally 109 181 181 285 297 328 north 25 35:10 northern 20:20 23:18 39 69 northwest 38:11 321 322 Notary 350 noted 350 notes 7,9,11 6,10 55:13 71:14 89:18 166 3,4,5,6 10,15 312 347 nothing 8:20 30:12 129 197 309 notice 64:15 157 263 293 noticed 10 81:15 notices 257 7,11 342 November 5:18 7:14 16,17 279 308 328 329 number 17:25 21:15 25:23 31 46:16 54 55:21 123 124 125 127 20,22,24 129 136 138 144 146 147 151 153 156 18,23 167 169 170 183 13,14 184 185 188 190 numbers 10,11,17 19,21 3,6,13 156 182 183 2,23 186 12,16 190 192 204 210 7,19,20,22 256 319 numerous 20:16 29:22 75 12,12 Nuys 58 12,13 0 09 53:15 | Oak 2:22 oath 350 ; object 42 150 199 238 263 272 282 290 314 objection 6 14:23 36 10,18 44 44:18 15.23 80:16 82:20 87:24 88 7,23 95:21 96 1,4 108 109 112 115 9,11 121 145 147 147 160 162 4,10,12 170 173 174 175 14,14 190 191 193 195 196 7,8,11,19 197 198 200 9,15 220 222 223 225 226 229 231 232 233 ' 238 239 249 249 253 11,18 263 9,24 266 104 125 187 193 199 210 211 256 293 294 occasion 20:25 occupational 4:21 238 244 245 283 298 occurred 185 352 occurring 313 October 6 12:14 272 273 274 321 323 off 18,25.54 71:13 17,19 79 86:13 93:13 94:24 97 99 13,19 123 123 124 133 12,12 149 156 163 180 189 206 208 * 8,10 211 221 225 231 18,22 275 282 286 287 299 317 334 23,24,24 offer 28:12 164 offered 27 offering 164 office 23 50:25 1,2 9,11.24 59:24 60:12 13,14,17,20 61:22 1,9,12,14 62:19 122 216 350 352 officer 352 353 officer's 351 24 353 offices 1:21 48:19 49 54:16 14,22 60 61:19 11,15 63 63 351 officially 209 oil 79:16 80 okay 11 15 16:17 18:11 19 20:25 7,14 15,17 24:13 25 9,17 26:20 6,186,18 28 28 7,19 30 11,13 6,18 6,14 1,5,17 8,23 6,12,25 3,18 3,16,24 14,21 42:13 43 43:15 10,13,20 1,21 46:20 1,4 8,10,16 49:10 8,11 8,18,22 51:23 20,25 53 10,14,20 5,11 55:24 1,7,12,20 56:24 8,12,21,24 4,7,14,17 1,6,9 59:17 1,11,18 3,11,15,24 62:15 19,23 11,15,20 6,18 65:22 66 12,13,16,21 12,13,16,21 67 7,12,20 6,13 | 68:19 9,22 70 70:21 19,23 72 72:20 1,7,7,13,22 3,6 1,4,8,22 8,14,18 1,8,14 2,9,18 1,23 9,18 5,13,18 81:24 83 5,19,21 2,6,19 8,180,10 1,24 3,9,18 12,25 8,15 3,15,25 4,13 21,23 2,11 3,4,14 1,13,19 97:21 10,17,23 5,7,24 6,11 UDC 6,11 3,19,22 be 13,17,19 132 CORT AOd 11,23 2,11 och 134 135 136 5,9,20,22 138 ssa 6,11,13 140 15,25 13,16 142 1,9,15 SE 144 145 146 AGEN NAT 13,22 147 TENE eo 18,21 4,7,23 2,11,22 4,20 7,9,22 153 153 1,23 1,7,19 4,14 INST 157 158 STO 11,22,24 160 18,21 3,5,15 161 17,19,24 163 18,22 ae 165 166 167 13,20 168 169 9,15 5,22 173 174 14,15,20 176 178 179 9,15 11,20 4,12 12,17 182 22,24 186 8,15 189 1,12,19 190 191 192 16,22 193 194 1,6,19,21 1,24 197 4,19,22 3,17 12,23 202 6,16 4,9,15 204 2,25 12,19 207 ATE ITER 10,19 6,11 210 211 212 1,7,22 215 ROM AT raemmmraOm D ReemAPe ONAr NE ETRY EE MRT RP AE SS eee FERRE STE AN ATR Pee TILT TTT TAX rape AMMEN TTT ATJENA Terabe: siete OT SSE RATS SAEMMOETS SIT NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 21 4,9,22,24 218 218 11.19 5,6,13,25 222 222 19,24 338 9,22 340 341 342 343 344 346 346 7,12 5,24 5,14 227 42,298,2 23 2 1 232 1,14 3,19 235 9,12 238 239 240 7,11 Oklahoma 12 15:19 36:22 39 52:21 23,25 217 218 307 old 95:24 231 2 297 10,12,15 242 15,17 2,12 6,15 1,16 2,11 248 249 250 251 3.23.25 253 253 255 256 306 321 once 3,6,21 34 22,22 91 141 168 234 290 291 one 6,15 19,20,22 14,20 13,21 . 1,5,21,23 258 7,21 260 261 262 264 15 17,25 1,2 21 23 30 3,7 31:21 32 3,8 264 5,23 266 16,20 4,16,23 269 269 4,14 272 1,3,12 3,13,17 275 13,21,25 277 20,24 278 279 280 281 281 5,10,23 8,14,17,23 284 284 285 286 43 46:25 47:14 48 51:23 52:11 19,22,23,25 55:25 58 59:24 61:17 9,17,17 66:15 15,15,21 68 5,11 71 78:19 78:23 80 9,12 15,16 91:17 93:24 94:12 99:16 101 105 20,21 109 2,6 122 287 15,20 11,22 290 9,10 293 21,25 10,16 296 10,15 124 14,17,19 126 12,21 130 131 131 136 137 9,12,16 142 12,13,17,24 300 301 303 303 3,8,21 3,17,20 307 308 12,18,24 310 6,15,21,24 312 313 314 3,23 16,22 7,11 145 146 147 12,18 149 150 152 154 4,8,10 156 1,13,15 161 161 23,24 167 169 170 316 2,18,20 317 1,13,15 318 20,22 320 8,9,10,18 321 11,16 170 21,25 172 15,15 175 176 21,25 179 187 188 194 323 324 325 202 2,14 325 21,21 4,11,18,24 328 12,24 330 9,20 332 333 334 335 208 211 218 220 223 223 224 225 10,23 10,13 227 229 14,15 337 235 14,25 3,12,18 244 5,8,9,10,14 245 9,15 201 13,16,20 10,17 212 217 219 222 247 1,2,3 231 237 251 252 253 12,18 245 13,17,1193,17,19 256 22,23,24 258 260 261 263 263 22,22 10,16 2,3,4 247 248 249 250 11,12 291 292 297 300 302 302 332 338 268 12,16 271 274 277 279 346 Ontario 54:15 55 281 284 286 15,17 7,12,22 287 18,20 202 203 274 11,23 290 11.17 297 307 onto 24,25 221 18,19 20,24 12,18,23 301 302 306 298 open 16,19 55 4,13 57 77:24 308 13,13,19 78 4,7 97:15 309 310 311 108 14,14 313 314 315 143 171 15,21 319 195 207 11,20 323 324 14,21,24 24,24 330 331 336 342 215 opened 9,191,11 49:11 23,25 102 139 141 172 344 345 207 209 14,15,16 346 214 ones 36 57:10 58 10,11,17 123 125 137 143 146 154 163 170 opening 56:21 operate 87 115 117 171 208 operated 66 105 118 203 193 200 204 207 228 248 250 251 275 334 one's 131 | operates 86:25 operating 38:21 44:22 50:19 112 114 half 198 half 300 301 308 step 142 one 18:20 114 116 202 235 operation 24 31:17 56:14 12,15,21 20,22 97:20 104 ongoing 259 | only 15 21 14,14 30 33:25 47 116 214 316 operational 38 24,24 74:21 86:10 91 94 97 102 20,20 109 110 4,16 122 125 126 286 operations 20:15 23:16 24 32:11 37:24 38 39:21 58 99:13 118 290 131 136 144 319 326 146 154 164 operator 313 165 5,11,11 170 172 181 183 192 193 197 200 201 operators 6,21 opinions 42:19 opportunity 10:16 13:24 14 16:24 6,11,25 18 20 20:22 124 294 opposed 30 32 96:22 246 option 237 oral 1:15 351 Orchard 10 ERNCS order 2,3,5,18 ine Sos 4,5,16 170 5 178 179 180 222 229 ordered 89:16 167 orders 171 ore 59 Oregon 2,6,8 4,6 : 52:16 321 organization 24:16 70:12 72:18 73 174 17,22 251 4,5,11,15 281 5,13,19 320 organizations 250 251 289 original 95 116 284 351 10,13,16 originally 16 48:12 68 76:12 102 292 originated 228 ornamental 32 OSHA 13,15,21 6 222 228 232 5 239 6,11,23 244 250 253 21,24,25 259 19,25 262 3,14 3,11,21 266 14,15 271 273 274 276 14,18 : 1,5,13 14,16 281 282 283 5,16,20 6,24 16,18 287 1,14 293 300 302 2,4,9 304 314 318 319 320 324 10,13,16,19 12.1142.14 18,24 331 OSHA's 263 320 other 3,12,14,16 13:11 14 17:12 YR SRB TMI toe 713 861-0203 Page 22 5,8 19 23:15 25:19 28:16 4,13 31:20 36 39:20 43 8,23 3,5 50 58 61 62:15 8,15 67 69:13 13,20 70:18 72 73:20 74:22 2,3 85 90:23 91:23 92 3,19 4,15 97 100 103 106 107 112 114 116 117 118 119 6,8,8,18 120 121 125 126 131 135 136 14,18 138 144 145 146 148 151 152 153 154 157 158 160 6,22 4,5 2,13 7,22 166 168 170 172 4,25 178 180 181 181 4,13 190 2,4,13 218 220 221 221 222 13.22 225 2,19,20 3,19 240 243 245 6,15,17 247 247 248 249 253 256 259 260 273 276 277 281 282 287 288 288 289 292 295 13,17 301 305 13,21 3,13 311 323 335 336 343 344 347 348 others 12:17 188 200 202 210 225 253 otherwise 352 out 19:19 1,16 23 . 23 18,18 27 31:14 33 44 45:21 47:12 48:10 51:20 56 58:24 ' 65 72:23 74:19 75:15 79:13 81:25 82:12 84:22 17,20 5,15,17,18 94 102 5,20 107 20,24 117 122 123 1,5,11,16 | 140 141 143 148 163 14,22 4,7 170 171 172 2,14,17 174 177 178 182 184 187 13,14 194 5,19 208 16,19 211 216 217 220 220 221 222 228 229 232 233 20,21 238 239 240 240 249 261 5,7,11,14 265 276 277 279 17,25 16,19 281 282 283 285 13,19 287 288 290 291 292 16,18 296 11,18,24 303 15,20 9,10 3,5,14 ~ 311 316 317 32410 330 331 14,18 333 4,20,25 339 340 5,13 342 343 344 outcome 352 outlets 59:15 62:20 , 74:25 output 230 outside 9,10 17:19 31:20 19,20 34 37 66:21 69:12 70:12 91:23 171 287 301 327 oven 32 ovens 88:20 over 14:22 21 25:16 25:24 26:24 6,21 28 29:21 34:10 39 48:16 52 53:21 65:17 9,12 117 22,25 123 13,16 133 152 154 182 185 190 4,25 8,16,17 210 236 241 261 265 266 285 343 overall 169 280 overexposed 285 oversaw 24 oversee 61:11 20,21 overseeing 38 overseen 99:12 overtures 25:18 own 19 7,12,18,21 34 42:10 16,19 66:24 6,9 73:11 - 75:16 85 106 | 164 21,22,22 172 180 237 . 271 288 300 owned 19:23 31:21 40 48:11 50:13 14,15,19 73:17 98:13 179 195 291 owner 173 ownership 23:25 24 104 owns 15:18 Oxnard 58 P P 2:18 PA 268 : Pacific 7 38:22 3,6 46:24 3,5 70:17 70:23 71:12 2,6 | 107 125 126 126 163 227 328 package 127 191 220 packaged 8,10 packaging 154 packing 78 Paco 4 12,14,19,20 8 12,12,14,14,16,20 5:22 4,7,17,19 6 7,14 11 19:24 51 17,19,20,21 65:21 2,3,4 68 68:23 7,10 91:21 93:22 3,5,9 101 103 104 105 16,22,23 24,25 107 109 110 111 3,6,16 2,3,5 115 9,12,15,17 118 6,19,22,24 119 6,7,8,15,18,20 120 9,15,21 121 122 123 5,7,13,13,19 6,16,16 128 18,18,21 131 137 138 142 12,19 146 147 148 149 - 149 151 153 157 15,20 166 171 18,22 179 6,7,15 4,13 182 183 184 19,21 189 3,19 6,19,23 194 - 195 196 198 198 199 202 203 204 209 7,21 212 17,17 214 215 216 4,22 218 219 220 23,24 223 224 2,7,13 226 227 230 230 232 233 235 | 238 240 243 12,15,16 244 3,21 248 3,20 7,20 256 257 259 261 6,18 263 265 20,23,24 268 1,3,18 271 273 274 274 277 283 14,15 288 289 290 291 ~ 291 294 8,14 14,19 1,4,6 317 319 320 323 326 326 327 328 4,25 2,2,9 12,14 338 .339 347 348 Paco's 12,13,13 ESA 309 Paco 14,15 & pads 19,19 page 4 56:13 64:10 84:10 101 178 179 8,22 19,20 11,23 209 218 223 224 225 259 266 16,21 295 317 349 350 353 pages 78:23 108 111 202 220 295 310 ea pails 23,24 5,9 e paint 2:17 8,16 - - 9:17 22 24 26:11 29:17 30:20 32 RS 33:16 16,17 48 48:21 13,14,22,24 50 54:14 69:16 15,16 72:18 73 3,4 19,24,25 EMEP SED 13,16 16,18 87 13,14 90 SMT 11,17 13,17 BINT p 12,20 105 gran 106 108 109 A eT 11,18 5,10 119 1,11,14 20,23 121 128 5,10 Tae 6,17 5,12,21 22,23,24 166 172 173 174 8,11 3,14 1,11 9,13 15,16 18,21 214 251 254 ST 4,9,15,23 256 14,20 290 330 345 painted 152 painter 86:19 painting 108 110 EE 12,20,22 111 T 111 114 173 RER 173 175 176 EU 16,24 2,7,13 nasa Tye 235 322 anny 1 paints 29:19 18,21 22,23,23,25 31:20 13,18,24 47:21 SERE 9,10 69:18 87 105 121 Pree RT SNT ST EES ne ATEE Se SEY MTSE NIB CPTI Deas TET TILT EIT TE NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 23 176 179 214 254 255 15,24 331 pallets 8.11 Palm 53:17 Pam 4 Pamela 6 paper 132 133 133 139 papers 345 paperwork 104 par 202 paragraph 202 275 296 308 31511 346 Parker 9 Parsons 2:21 part 23:12 38 43 44 53 67 81 103 113 114 116 149 162 165 169 170 179 181 181 190 196 11,16,17,20 203 231 235 255 258 266 14 273 284 288 305 22.22 323 329 330 particular 78:17 81 89:16 93:21 121 124 21,25 128 136 137 140 146 1,4,6 170 200 201 225 231 240 244 285 299 307 324 331 343 particularly 83:24 - 291 parties 8:23 3,7,10 353 partitioned 231 parts 63:15 party 351 passed 337 passes 301 passing 292 past 18,25 12 13 34 56 80:12 329 . patching 66 227 paths 25:15 Patrick 17,18,19 28:18 pattern 131 patterns 134 135 paying 280 payment 246 peaked 25,25 peek 123 peel 133 233 pending 13 Pennsylvania 5,7 people 21:15 24 25:23 26 28:12 4,4 3,4,14,15 45:22 47:12 61:22 66:10 77:12 79:18 96 110 129 131 142 23,23 163 2,13 173 183 230 231 232 16,17 262 269 277 278 281 284 18 286 291 301 306 308 320 339 per 63 220 241 276 16 278 285 317 318 percent 40 41 1,7,13,16,21 18,20 5,14 186 4,5,9,22 4,7,14 191 5,24 195 197 210 261 300 301 302 303 308 percentage 40 186 190 8,15 1,24 300 percentages 261 performance 235 performed 13,16 period 19:23 117 118 121 232 236 237 267 277 285 335 343 periodically 226 perlite 87 13,22 92:18 perm 273 permanent 244 permissible 275 284 285 318 person 10,12 12:24 15 91:12 93:13 173 238 298 298 299 316 332 350 personal 14,16 21 41:16 6,16 43 43:19 104 237 personally 22,24 21 161 238 350 personnel 25 104 249 12,25 persons 15,20 18 18:23 44:14 72 229 perspective 198 peruse 333 Petaluma 20:21 Pfizer 2:20 7 phase 291 307 307 phased 261 phasing 210 217 Phillips 9 philosophy 4,5,8 83:16 110 114 235 ' phone 20:23 21 327 352 168 photo 83:23 87 95:17 162 photographs 111 123 124 127 130 3,17 157 161 photos 54 158 161 263 265 265 physical 116 262 pick 52 101 199 picked 53:22 116 225 Pickens 5:11 268 291 picking 94:11 230 picks 182 pickup 199 picture 54 75 84 90 129 143 pictures 158 273 piece 64 142 pieces 131 pigments 224 pin 230 Pine 98 pipefitting 278 15 pipeline 292 339 place 71:25 88:11 114 147 168 223 274 283 285 310 313 320 334 10,12 337 340 346 placed 167 171 places 173 305 plaintiffs 1:17 2 8:24 351 Plaintiff's 7:16 315 316 plan 332 planning 9,12 plans 332 plant 9,12 17,18 88:12 92:22 101 6,8,21 106 116 118 119 120 164 165 19,20 206 209 215 14,17 238 245 246 247 247 258 267 272 274 25,25 282 285 288 291 299 324 327 7,13 plants 17,19 161 198 216 223 262 273 275 277 280 281 20 286 291 301 303 311 332 346 plaster 144 plastic 109 platinums 32:19 play 287 player 163 playing 286 please 10 45:13 101 126 166 277 280 310 6,17 320 323 327 336 pliable 322 plus 25:16 186 188 Sr En TN AN A nena pagar eT ROR AE TT A VT NELL MCCALLUM & ASSOCIATES INC 713 861-0203 6,22,25 211 1 12,16 293 317 pneumoconiosis 21,22 245 Pohlenz 25,25 point 13 15 18:17 25:13 31 46:15 56 60:24 63:21 96:23 7,19 101 | 124 125 150 151 cape nv GESTED 155 171 SRESES 180 193 211 RCSB ET 221 228 234 234 242 Se 249 254 A 262 272 275 ye 295 304 331 340 341 points 34 Pollutants 316 Pollution 316 pools 133 pop 4,17 popularity 131 population 271 portion 40 110 111 portions 290 position 19:22 27:18 45:12 87:19 positions 20:16 22:11 23:15 possession 15,17 possibility 125 ae possible 93 268 nA Possibly 197 271 post 2:22 103 249 RT potential 2,14,18 CRE 250 253 259 267 296 339 556 pottery 79:14 pone poundage 198 RTs pounds 183 8,11 197 7,14,25 199 332 346 : 346 powder 81 137 20,22 139 140 142 143 143 146 147 12,13 10.11 18,24 216 219 234 255 255 332 346 Page 24 powdered 144 150 151 pre 253 precaution 270 precautionary 264 preceding 350 precipitated 267 324 precipitating 324 precisely 144 preclude 320 precluded 301 307 predecessor 155 predicating 342 predominant 200 predominantly 39 preexisted 214 prefer 42:11 preference 136 143 170 322 preferences 170 preferred 176 201 308 preform 179 premade 149 premises 98:21 102 premiums 19,20 premix 109 premixed 144 preparation 18 prepare 17:18 prepared 56 80:14 221 267 preparing 17:13 274 351 353 preprinted 86:12 13,14,15,16 presence 49 present 31:18 122 297 313 Presentation 6 293 , presented 10:13 presently 11:24 283 preservatives 78 president 12 16:20 | 20:15 21,25 26:22 21,22 1,7 37:24 11,13,14,23 39:16 14,19,20 53:18 60 61 11,13 14,21 258 268 269 269 18 291 332 ; 345 pressure 273 presume 294 presuming 55:14 61 65 209 281 pretty 35:23 79:24 ' 86:24 105 107 private 22 privately 39:25 40 Pro 214 probably 12,15 13:21 15 20 21:17 26:13 55:14 127 138 170 67 78 103 170 11,13 184 219 120 122 126 128 130 144 258 270 148 155 181 293 294 182 186 prevent 313 314 prevention 312 314 211 220 234 238 250 3,23 307 previous 327 previously 112 222 326 problem 13:14 236 271 23.24 price 40 85:21 86:11 17,22 174 176 7,10,18 prices 86 pricing 21,23 86 200 primarily 11 15 19:21 4,23 30:24 problems 51:16 236 _ 8,15 245 247 250 266 267 295 304 323 procedure 1:23 113 168 235 336 procedures 282 , 32:23 35:13 39:18 76 77 108 110 113 145 148 177 181 194 233 proceed 9:18 proceeding 352 proceedings 18:10 process 59 7,17,20 97:15 135 286 primary 170 prime 97 192 principal 15 201 principally 29:17 69 83 102 print 170 printed 64 130 220 4,21 222 273 prior 13:24 14:16 16 16:25 17 3,4 20:15 25:14 15,24 28 32 50 104 105 6,10 128 11,20 2,9,15 3,17 160 207 _ 20,23 7,12 231 3,11 - 239 6,11,22,23 243 245 246 10,11 processed 2,22 ' 10,20 224 processes 223 ' processing 59 89:25 96:21 106 131 : 171 Proco 227 produce 33:18 produced 1:16 115 ~ 157 228 product 3 11:19 30:16 12,16,20 7,16 66:22 69:11 69:13 73:19 76 80:20 81 85 88:23 14,23,25 91:15 93 96 97:25 3,14 100 101 105 106 111 112 113 247 12,20,22 13,22 5,6,15 272 277 278 281 283 292 292 299 320 116 17,25 4,19 3,7,8 15,18 120 10,21,22 122 11,17 125 326 2,6,18,25,25 128 129 136 144 145 21,22 148 149 150 151 152 153 154 155 156 157 157 11,25 4,19 165 7,19 167 170 171 173 173 174 175 175 179 181 182 183 16,17,20,21,25 184 1,8,18,19 1,2,14 18,25 189 190 192 10,17,18,20 15,19 194 195 9,18,19 6,14,17,17,24 3,3,5 199 17,21 2,11 13,16 3,23 6,19,22,25 211 211 212 213 213 214 215 6,12 218 17,18 18,23 223 224 225 225 227 230 9,22 4,5,11 233 20,22 5,11,13,15,21 238 240 241 241 247 251 4,24 4,13 257 259 261 10,18 262 263 265 273 278 13,17 296 297 301 301 12,13,16 17,18,24 303 5,11,19,25 305 5,12 2,6,7 11,18 6,10 307 5,24 309 1,16,21 321 323 328 3291 1,23 338 6,14 2,11,15 9,20 6,9,10 342 343 344 13,16 345 production 16,23 16,22 4 101 perry reece aR ~ 103 112 117 181 182 14,15 184 187 195 203 203 204 205 5,10 207 208 209 212 21,22 215 216 219 273 289 290 8,15 1,15 8,12,14 331 348 : products 10,12,17,24 5 7 33:12 34 i: 69:20 12,20,21,24 7,20 72 74:22 ; 74:22 75 78 80 81 87:20 23,24 & 8,11,14,20 100 F 100 103 105 3,12 107 116 1,21 11,14 123 15,22,25 125 125 3,5,8,17 4,12,14,20 139 140 144 150 2,18,22 156 17,22 19,21 ~ 159 160 162 163 167 168 170 171 173 178 180 181 13,19 : 17,18,24 188 ff 188 8,13,19 189 190 191 11,23 3,11 194 195 196 17,24 202 203 12,25 13,17,22 209 16,23 9,12 Ff 18,19 2,9,25 214 5,22 ; 5,24,25 7,14 u 23,24 223 : 2,8,10,13 226 7,10 229 232 233 236 240 242 251 254 255 256 257 20,22,23 6,11,14,19 262 263 265 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 25 17,22 266 267 269 270 8,10 272 11,23 1,21 8,22 279 290 291 297 14,15 302 303 16,22 306 308 309 310 311 312 312 20,22 317 319 320 1,21 323 2,13,14,20 1,6,8,9 332 332 334 337 338 23,24 340 8,21 12,13 343 3,17,23 18,19 348 professional 82:24 5,10 140 214 235 professionals 130 profitability 39:19 profitable 43:16 prognosis 246 program 14,20 13,20,24 293 10,16,20,25 294 programs 60:25 271 proved 350 provide 116 168 168 203 243 11,13 263 7,14 271 282 290 313 342 342 provided 6,7 122 124 130 238 7,17 10,13 263 264 286 288 288 297 329 352 provider 297 providers 80 253 257 provides 43 13,23 312 providing 7,15 provisions 1:24 public 172 350 publicity 335 publicly 39:24 publish 273 published 239 puffy 100 pull 133 punches 84:17 purchase 183 185 purchased 15:20 34 90:10 9,12 115 77:15 24,24 90:10 90:24 91:10 100 105 13,22 131 21.22 15,21,21 134 4,9,9 141 142 144 146 146 147 151 16,25 160 161 163 176 181 196 197 198 203 17,17 222 252 256 264 266 19,22 274 287 13,15 290 117 301 303 331 340 344 344 1,15,15 puts 176 putting 111 133 230 260 274 286 303 P.C 6 3,6 P.D 7 351 353 p.m 1:19 124 240 Q qualifications 279 279 quality 72:15 87:25 2,3,8,11,12,22 267 268 quickly 108 140 145 258 14 282 Quigley 2:20 7 Quik 14,15,19 144 145 13,14 150 154 180 quit 118 234 325 6,17 348 quite 31 75:13 90 95:25 R R 12,1125,15 4 8:18 5 53:15 349 350 350 11,15 Radiant 155 radius 172 railcars 21,22 raised 22 ramifications 293 Randall 3 range 317 rate 189 rates 86 rather 99 140 333 ratio 190 192 raw 4:20 5,6,18 34 59 87:21 89 89:13 91 97:10 _| 275 278 280 ready 10,13,14 9:18 9:19 71:21 142 143 283 311 areas 311 317 Creoor ready 129 20,21 143 144 20,25 b a0 s rE 203 204 205 10,17 216 SRs 219 221 332 prrrweer 10,12,17 real 17,18 23 75:21 1,17 RE 14,25 124 155 190 207 Rol 220 266 : 267 268 : 282 298 i realize 228 H really 25 41:11 farming 17,20 68:20 77 rT 21,25 19,20 ETE 95:22 112 139 SBR EST 141 143 145 57.T 155 161 166 S77 SOCEITIS 9,11 10,18 190 192 201 |; l; 232 239 250 300 321 348 f reason 42:17 67:10 Progress 8 183 3,11 2,6 97 108 105 136 196 96:24 114 115 progression 21:24 209 213 200 224 222 1,2,3 128 159 160 prohibiting 340 project 5 258 promoted 7,10 37:23 297 promotion 22 promulgated 239 267 proper 290 properly 140 property 95 218 222 purchaser 343 purchasers 165 166 263 342 - 342 344 purchases 183 187 . purchasing 192 purpose 19:25 24:13 128 131 136 quantities 109 quantity 109 204 329 347 Quarterly 168 question 11 21 42 69:18 10,11 85 99:23 115 1,15 159 170 174 225 242 254 257 278 224 12,23 226 252 253 257 260 261 5,22 328 ray 271 Re 12,14,20 reacting 323 read 18 55:11 5,5 7,16 110 123 143 149 157 160 11,12,17 1,14 170 188 6,12 191 200 201 237 242 253 281 292 313 349 reasonable 174 reasons 4,4 42:21 43:17 44 143 proposal 335 336 15,19 155 280 291 162 203 256 169 213 309 24,24 337 9,12 297 22.25 325 263 264 344 353 proposals 336 302 310 327 342 345 265 268 275 rebrand 72:16 164 ff proposed 7:15 258 259 19 335 proposing 337 prospect 175 prospects 24,25 protect 143 258 protective 72:11 protocol 168 protocols 271 284 316 328 340 purposes 8:22 21 143 154 225 241 279 280 280 350 pursuant 1:23 1.3 301 2,7,12 pushed 300 put 32 40:12 73 345 questionnaires 240 11 questions 10:14 17 43 101 123 170 181 201 228 232 238 320 16 19,21 quick 14,25 124 156 190 266 275 288 292 19,20 294 295 8,19 297 308 313 314 318 329 340 350 readily 129 169 213 reading 182 244 rebranded 70:19 71:11 72 125 6,12 f 164 1,10,14 227 rebranding 70 15,22 71:24 18,21 107 2,17,23 rebrands 164 recall 18:25 70:25 71:13 83:15 89:19 Pk olen icncmmc arl ae ts ah PIs Bw AAS KEPT NEE eNO rE TPR To NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 26 124 125 130 155 22,23 10,11 184 196 12,22 209 10 211 214 240 251 254 264 295 321 330 9,10 recalled 309 received 229 recent 15 332 recently 72:16 83:17 169 299 recess 52 101 124 156 206 239 283 317 334 recognized 238 13 recollection 56:19 97:19 125 126 142 165 | recommendations 10,11,12 315 324 reconfirm 316 record 1:24 16,23 1,4 14,17 123 124 15,18 206 207 210 215 217 226 239 239 240 282 283 307 8,11 8,11 24,25 351 352 recorded 19 records 92 1,4 16,22 104 18,20 162 169 191 192 192 193 195 20,24 200 207 209 213 215 217 218 222 231 236 249 250 348 reduce 59 274 324 reduced 150 188 reducing 210 reduction 58:17 1,4 276 318 refer 134 reference 58 301 REFERENCED 4 ~ 2 2 2 referring 55:17 308 308 refers 327 reflect 115 221 221 262 relating 10:20 relationship 27 187 198 reflected 96 212 relationships 162 | 224 226 relatively 39 reflecting 210 273 relayed 343 reflects 210 release 235 242 reformulated 188 310 reformulating 296 REFRACTORIES 4 released 40 232 234 258 303 351 353 releases 88:23 262 refresh 145 relevant 42:21 89:12 regard 10:13 229 regarding 12:11 17 18 96 101 181 221 232 96:11 231 245 252 274 292 religious 22 relocated 219 253 regardless 271 Region 50:20 | regional 23 26:24 30 3,4,7 47:20 regionally 163 regional 30 regions 308 Regis 11,16 222 8,10,13 register 259 324 regs 267 278 279 300 relocating 218 .| relocation 218 rely 89:11 remain 43:16 remaining 266 341 remember 74 96:12 { 181 298 299 314 329 remembered 102 remodeling 320 removal 343 remove 312 regula 259 regular 18:17 86:14 176 177 262 removed 150 removing 151 312 320 288 311 renovation 82:19 319 rent 83:12 regulated 171 239 300 344 regulating 330 regulation 242 259 264 291 20,24 regulations 242 - | 258 259 263 272 273 277 284 287 291 300 302 21,22 345 renting 83:16 _ rep 21:12 15,17 174 178 repackage 70:11 90 repair 82:18 repairs 15,18,19 repeat 45:13 280 replace 46:16 replaced 54:20 replacement 73 100 260 reply 11,17 report 8 46:21 50:23 258 267 311 relabeled 70:20 312 315 relate 222 335 318 related 13,19 232 233 239 243 244 247 343 reported 99:21 268 reporter 1:20 9:19 11,14 352 REPORTER'S 351 352 relates 63:18 107 reporting 291 reports 258 290 20,21 repository 96 103 103 115 154 162 182 13,18 4,6,8,17 249 293 represent 8:12 representative 10:10 10:19 11 16,21 160 193 230 11.20 312 314 315 representatives 232 259 290 293 represented 11 representing 15 reps 167 172 requested 252 308 requesting 168 required 263 313 . requirement 237 12,13 266 284 311 requirements 13,15 5:21 19,20 222 259 263 264 277 283 286 292 304 308 320 352 requiring 314 requisition 167 resale 70:12 11,24 research 97:18 260 researched 97:13 resell 90 92:18 18,21 330 reserve 4 348 reside 20:19 residential 31 134 resold 89 328 329 Resource 320 | resources 7 16:21 respect 11:10 14:12 17:12 8,18 20 25:19 34 42:18 60:18 61 63:23 88:25 2,14 107 126 129 159 177 182 183 197 198 6,24 207 5,10,15 232 1,14 236 237 238 245 246 250 9,10 9,13 263 271 278 284 285 293 312 318 321 336 6,23 respectively 213 respiration 290 respirators 262 24,25 2,10 313 responded 263 responding 242 | response 273 324 330 responsibilities 22:24 23:19 39:18 62:25 responsibility 38:10 responsible 23:23 34:15 292 responsive 229 14 responsiveness 4 263 5,7,20 rest 64 79 107 267 298 restencil 222 restrict 264 13 restricting 258 restrictions 261 291 292 330 result 182 259 260 261 263 264 271 273 282 283 290 291 294 298 320 338 343 resulted 297 324 results 277 resupplying 168 retail 62:20 63:12 66:23 74 83:10 2,19 1,8,14,17 108 1,11 110 171 172 retailers 333 retained 49 103 retains 115 retardant 278 retire 24:12 retired 20:20 24:11 48 52:16 2,17 retirement 40:12 43 13,16,19,20,24 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 27 44 266 268 269 327 return 351 returned 344 347 273 20,22 2,19 285 running 77:23 99:21 185 302 347 10,12,13 21,25 287 runs 47 177 retyped 220 288 290 rush 276 reus~ 328 reverse 72 291 292 295 14,15,18 300 rushing 275 review 13:24 14 16:24 17:25 18 17,25 5,9,15 302 303 S S 10 53:15 196 229 236 304 11,17,25 Sacramento 33 241 292 294 reviewed 17 reviewing 15,16 reviews 231 306 310 13,20 5,11 316 318 319 319 322 323 324 325 326 safe 296 345 safety 254 269 278 283 331 332 16,20 335 338 339 revise 260 330 14,16 340 342 revised 260 261 333 10,15 343 344 348 rework 315 evaluated 41 RF 224 Rhodes 6:13 8,19 341 ' 15,17,18 343| 343 345 348 rights 98:16 Saint 11,16 222 salary 20,21 sale 13,19 181 304 340 341 Richmond 68:24 114 115 116 hand 123 123 rings 30:12 sales 16,23 5:24 7 19:22 20:17 23:16 16,23 117 118 120 182 182 183 rid 341 risk 269 10,15 16,17,18 280 320 RMR 353 24 37:14 39:21 7,18 9,14,18 9,14,18 3,3,14,16 96 112 144 167 right 24:10 35:14 37:18 road 2 51 167 168 172 37:21 8,22 50:12 56:17 57:19 58:20 62 63:22 69:22 role 14:22 27:24 roles 17 22:23 34:11 roll 133 15,16,17 174 1,2,3,4,7 182 182 183 72:14 74:13 86:23 88:16 94 105 106 110 121 roller 22,22 1,3 rollers 34:17 2,3,5 5,17 192 19,20 18,19 218 258 321 123 130 131 rolls 68 5,12,15 328 133 138 139 24,25 133 salesman 20:17 48 7,14 149 150 Ronald 10 salesmen 172 173 151 12,15,18 156 160 161 room 135 141 145 15,18 same 13:19 28:24 29 39:14 46:23 64:19 8,12 178 Root 2 9 71:11 81:10 92 20,21 183 184 3,8,21 186 187 189 190 15,22 194 17,24 1,15 203 | Ross 1:22 2:19 rotate 284 286 286 19 287 rotating 303 Rotation 11,12 rough 41:25 124 12,13 100 102 3,21,23,24 4,25 22,23 120 131 135 11 135 15,21 138 143 144 8,14 4,15 207 208 213 215 216 rougher 138 rougher 146 Roughly 189 231 145 7,12 153 21,25 156 158 170 14,16 217 218 219 roughness 100 round 229 176 179 187 187 202 205 224 225 227 230 233 234 236 11,16 routine 18:17 Rule 7:15 7,12 9,18 214 216 217 238 263 265 277 289 8,24 244 rules 1:23 2,3 286 293 302 246 250 256 287 306 13 307 14,15,25 263 run 207 258 311 312 319 322 329 335 335 339 344 348 350 350 352 Sammons 9 sample 279 samples 276 307 San 4:20 10,15 59:25 96 111 112 115 116 116 117 118 119 120 182 182 183 186 20,24 223 11,14 13,14 238 14,15 262 277 294 307 309 17315 316 318 ~ 11,13,16 328 329 sand 7,8,10,18 sanding 340 sandpaper 180 satisfactory 301 saving 140 saw 153 303 saying 18 51:11 95 161 229 236 250 298 301 335 says 78 80 81:15 3,17 103 107 127 129 131 137 138 17,19 143 9,16 153 156 161 162 168 11,12 183 24,25 194 202 203 20,22 215 235 8,12 260 263 264 269 18,22 283 284 286 291 292 296 296 313 314 315 319 321 16.25 328 332 337 337 Scaggs 13,14 322 scale 40:25 140 Scanton 53:10 scenario 175 schedule 86:21 174 scheduled 86:22 176 schedules 3,11,13 3,11,13 176 284 scheme 198 school 3,4,16 Schwarz 9:15 Scott 2:18 9:16 137 267 275 282 336 351 Scranton 19 11,12 13,14 screening 279 11 11 Scudder 290 se 220 seal 113 129 350 sealed 345 seam 132 133 Seattle 39 50:18 Str 322 SeS Portland ST 321 SUReeE second 47:10 48 63 USES yn 170 202 225 238 266 4,16 275 1 311 346 secondary 33:10 section 108 OSE sector 111 see 43 53:24 54:17 7,11,11 65 84:10 95:16 103 28> Desrmwito 137 142 179 180 183 188 191 193 205 213 217 217 231 234 245 254 255 259 15.23 8,23 301 5,17 20,23.318 320 324 329 336 7 TY seeing 96:13 155 TER 210 240 251 seem 54 126 ATK seemed 21,24 ERNE 265 seems 198 seen 44:19 15,25 3,15 107 117 SSS 124 128 SEE STIR 140 154 157 157 10,23 Te BITES ae Serear RE ered WT NN oP v A RE eer ST NELL MCCALLUM & ASSOCIATES ASSOCIATES INC 713 861-0203 3,4,6 162 165 169 170 7,8,9,11 196 200 14,16 . 228 232 235 9,18 19,21 22,23 245 247 249 249 251 2,3,24 254 260 289 299 10,10 323 324 18,25 344 selected 281 Selikoff 8,8,9 Selikoff's 269 sell 70 75:15 1,3 90:17 15,17,18 98:15 110 171 1,6,9 5,24 4,17,19 1,16 304 8,15,16 305 328 331 337 13,14,20 339 339 340 341 341 342 344 . seller 174 selling 27 37:16 75 106 111 144 1,1,24 1,2,8 187 16 306 307 342 seminar 258 265 268 270 293 294 295 seminary 22 ~ Liquid 142 143 send 27 167 252 294 328 343 sending 299 345 senior 6,8 295 312 315 seniority 10,17 sense 67 69:24 111 sensitive 273 | sent 26:23 236 268 269 293 307 2,3,7 328 339 sentences 275 . separate 38:21 80:19 9,24 102 126 134 18,20 228 232 249 290 318 11,16 350 separately 234 September 5 296 296 sequential 181 series 161 299 serious 157 263 19,22 15,21 serpentine 11,15 serve 62:11 served 352 353 serves 13,14 service 67:19 108 19,22 serviced 10.173 223 Services 65:23 67:13 Servicing 5:10 serving 352 set 40:10 44 49 56 61:19 6,12 108 222 240 9,15 259 282 283 329 setting 38 74 seven 185 187 270 seventy 208 219 several 59:21 111 187 244 shape 143 share 173 shareholder 41:15 shares 5,9,13,16,21 * 40:22 3,5 2,2 43:10 44 ~ sharp 79:24 sheet 4:13 68 124 131 178 13,14,15,16 204 240 243 255 349 sheetrock 68:11 84:22 111 113 131 131 3,4,18 3,20 152 177 269 17,18 321 sheets 131 180 1,6,12 267 shelves 10,16 341 342 344 344 345 346 346 142 143 149 William2s 2 13,17,20,25 23:17 149 7,11 251 3,22 5,7,12,13 25:19 10,22 28 12,21 1,7,10 29:12 5,9 86:25 226 shift 287 323 sides 153 sideways 79 note 243 signage 23:13 signature 6,10 349 350 351 ship 28:25 85:14 167 19,21 338 339 353 signed 68:22 332 350 shipments 177 shipped 93:24 94:11 97 169 significance 128 significant 144 269 199 223 328 339 shipping 337 ships 97 : shopping 5,16 shops 56 63:12 83:10 85 86 109 significantly 13,14 signing 299 silvers 32:19 similar 91:14 2,3,5 128 132 133 137 163 165 179 209 217 short 51:13 56:23 97:19 207 267 21,22 243 323 shortchanged 179 shorter 202 Shorthand 1:20 shortly 259 274 short 97:20 show 55:11 111 since 12:17 13,19 4,144,14 31 46 11,11,11,24 78:15 86:10 104 107 110 111 121 130 18,25 8,14 137 204 209 150 157 163 168 209 216 240 187 196 225 241 267 324 showed 8:11 65 244 289 292 300 308 335 132 142 255 299 317 332 showing 180 205 12,19 shown 353 shows 11,12 78:22 78:24 83:23 9,12 3,16 206 13,18 212 1,22 9,17 240 241 318 328 Singer 6 ; sir 1,20 11:13 1,2 18,23 1,16 1,14,18 8,25 5,7,23 5,16,23 6,24 22:22 23:22 6,8 8,10 27 27:23 4,20 31:13 34:20 21,23 37 12,13 16,18 39:12 8,15 41 41:17 2,17 46:13 47 48:17 49:15 Shusterman 2 9:14 9:14 2,16,22 52:15 53 54:18 55:23 shut 31:17 101 22,24,25 119 120 121 202 206 208 211 211 230 326 7,14 6,25 61 65:16 67 9,12 69:25 70:13 5,9 15,18,21 76 77:21 8.23 83:20 84:23 85 87 side 108 123 10,21 91:22 92:25 Lf NEM ENS RAT EMarn EERE TPN - 93 97 98:22 99:15 100 101 101 102 104 105 106 110 112 113 114 115 115 117 119 120 121 121 22,22 123 125 126 128 130 136 136 139 141 143 10,21 146 150 151 153 154 13,16 4,20 8,14 162 163 166 & 171 182 190 F 191 192 193 i 194 195 196 199 200 202 204 205 206 208 209 210 213 215 215 218 220 221 222 226 228 230 231 232 233 234 236 239 242 243 17,18 19,23 244 4,10,18 21,23 254 257 14,19 3,21 264 9,12,20 274 277 279 ; 280 284 286 . & 2881 3,10 292 293 294 294 303 306 312 320 14,19 332 340 343 344 347 10,19 sit 50:24 196 site 177 9,11 235 310 sites 177 sitting 192 situation 168 341 six 14 122 139 1,16,18 185 19,20 186 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 29 8.8 9,22 191 116 117 76:11 82:16 83:23 spackles 82:13 3,5,24 2,10 18,19 11,12 88 95:11 96:15 spark 84:17 226 261 12,23,24 123 99 5,7,18 speak 28:25 210 275 302 303 12,12,25 125 127 9,13 speaking 39:13 62:23 331 332 125 22,23 133 137 140 speaks 310 341 345 130 132 135 7,23 145 specific 227 245 sixties 74:17 89:20 136 137 139 146 148 251 343 97:17 8,11 110 10,22 142 149 16,19 150 specifically 112 size 170 143 146 162 1,21 17,20 264 sizes 15,21,22 148 23,24 10,22 5,19 287 295 slated 259 151 153 198 206 217 slow 154 155 154 155 160 220 236 240 specification 88:19 specifications 87:22 180 161 163 168 247 2,19 89 100 309 small 23 77 83 19,22 178 253 262 268 specifics 59:19 287 110 142 181 182 18,24,25 280 288 291 speculate 161 10,13 17,20 3,7,13,15 189 10,18 298 192 256 300 189 192 193 299 301 306 speculation 94 smaller 75 145 194 199 314 320 322 166 172 190 smaller 145 200 19,20 202 322 325 227 Smith 5 9:15 6,10 210 327 331 speed 145 2,25 smooth 113 133 214 215 216 sometime 158 spelled 10 smoothed 147 218 220 221 246 soil 345 Spence 5:11 269 223 8,8,8 Sometimes 128 21,22 sold 11:20 32 33 227 8,9,18,19 somewhat 56 22 23 40 58:24 69 74 229 14,16 somewhere 13:22 spent spike 217 19,21,24 76:25 242 243 245 27:16 48:10 52:23 spokesperson 10,17 78 7,17 90:21 247 249 252 91 98 104 10:25 11,15 14:21 91:11 93 94:18 252 255 261 106 223 249 9,14,24 196 5,6,7,10,15 106 9,11 1,3,6 294 295 14,19,24 107 271 6,20 soon 277 16,21 9,12 278 279 280 sorry 37:18 73 76:22 spot 10,11 327 spray 76 8,17 126 143 165 292 294 295 122 148 158 4,18 146 171 22,23 295 296 297 168 178 151 256 266 180 181 208 298 299 205 227 246 301 302 305 208 227 266 304 307 246 251 sprayed 301 6,12 302 313 314 321 280 282 283 spraying 81 279 340 16 347 326 327 335 323 336 Sprayline 76 81:22 solely 78:16 335 336 338 348 6,14,25 162 solicit 20:12 somebody 58:22 70:20 sort 19,21 48 162 163 solid 134 72:25 86:15 89 50:24 77:13 122 spray 277 some 11,14 4,10 107 116 174 130 137 139 278 279 300 13:18 18 19:24 174 3,6,7 170 220 21:11 25:13 29 191 195 sorts 119 304 11,18 spread 132 200 4,5 7,22 34 203 221 222 sought 19:19 17,18 Spreadsheet 3 ~ 37:16 38:10 42:18 223 229 sound 56:17 67:11 46:14 51:16 53:25 230 247 286 68:25 69 spring 11,17 338 Springs 53:17 4,4 55 3,3 59 60:11 62:25 305 311 . 313 sounds 44 281 square 79:11 source 34 97 squirts 140 63:25 64:23 65 Somebody's 313 316 341 St 8,10,13 69:13 71 16,21 somehow 89:25 102 sources 18 228 stable 39 72:23 76 6,6 140 148 south 35:11 37 94:23 stack 154 78:24 79:18 83:23 someone 83:10 6,11 309 stacks 83:23 88:17 89 95:24 324 southern 22 203 staff 130 96:23 6,12 100 something 24:17 1,2 Southwest 3,5 38:13 stake 41:15 7,19 102 33:12 42 44:16 15,22,24 11,17 stamp 55:17 101 103 104 1081 50:14 52 55:11 50:20 60 1,5,7,9 stamped 84 5,20 110 59 73 75:10 southwestern 35:18 stand 51:17 322 standard 276 278 300 318 standards 259 261 262 277 285 316 standing 270 standpoint 60:21 147 216 232 236 250 314 start 20 120 210 232 257 258 259 269 271 271 274 275 329 started 22:13 1,4 37:16 2,9 72:16 75:20 76:21 78:14 113 121 150 151 185 202 210 216 217 232 239 250 258 260 268 11 273 292 gto Lene starting 20:16 187 ates BA SMC 209 252 starts 74 183 202 212 start 23:12 state 1:21 14,21 17,18 62 221 300 322 350 351 stated 1:24 308 statement 41 264 283 statements 19 states 13:11 29:22 19,25 37:10 59:21 11,12 5,8 259 301 304 304 307 308 322 323 state 289 13 300 stating 9:25 340 status 12,14,20 28 TTT 7,8 14,15 RSEREE 9 statute 301 8,24 tras PONS 338 340 statutes 15,24 301 stay 51:20 145 261 304 stayed 39:14 Ste 352 stencilled 130 a i NELL MCCALLUM & ASSOCIATES INC 713 861-0203 166 step 134 steps 303 336 stick 139 208 220 332 343 stores 20,22 3,13 23:23 24 34:16 subscriber 237 subsequent 274 subsequently 172 172 208 268 sticker 222 344 stickers 222 273 20,21 36 37:11 2,5,6 59:15 61:23 subsidiaries 9,11 _ 12,20 344 still 16:22 19:11 36:22 38:17 45:11 46:18 49:14 10,16 55 61:25 21,24 63:19 5,14,17,20 66:20 66:23 6,9 72:23 5,22 86 107 subsidiary 56:25 57 4,8 67:15 76:13 81:14 84 90 substantive 10:15 57 71:24 8,11 73:23 74:15 20,22 78 92:10 94:17 2,5,10 97:24 98 104 106 116 120 139 143 14,18,22 115 4,5,7,16 169 169 22,23,24 172 174 177 331 18,20 340 343 substitute 100 261 297 300 substituted 297 substitutes 13,17 substituting 297 subtotals 206 19,21 160 183 185 187 189 197 207 12,20 219 235 250 257 3,14 270 289 292 story 8,9,15 straight 85:15 stream 232 street 3,13 4 93:13 94:21 strictly 67 93:18 102 successful 306 315 successfully 302 suffered 248 341 suggesting 325 Suite 1:22 6,9,13,16 2:19 4,7 353 6,19 301 302 302 303 304 304 11,16 306 311 318 striping 131 ' strong 322 | stronger 323 structural 65 summary 4:21 6:11 10:23 18 34 56 207 243 310 summer 22 268 | 324 325 331 * 332 12,16 19,22 3,14 345 4,24 structure 44:22 91:24 196 structured 23:24 174 174 269 338 Sunday 275 sundries 12,19,19 2,8,10,16,24 43:25 44:11 47:18 49 51:15 52:19 55 56:22 57 58 62:25 24,24 64 65 68:16 72:14 8,10 81:21 84 85 88:19 89 101 106 107 23,24 124 130 132 135 17,21,22 156 162 169 175 20,21 21,23 177 185 191 195 1,15 206 213 214 225 226 227 229 7,8,23 239 2,20 245 246 248 254 259 15,16 262 267 269 277 281 286 291 292 299 300 301 - 9,21 306 13,15,18 313 4,24 320 322 325 326 329 331 334 337 18,21,22 Stipulations 4 stir 138 139 Stubb 4 330 332 Stubbs 332 -| Stubb's 345 234 stirred 141 stirring 233 234 _| stock 18,20,25 studies 17,17,20 11,19 6,10 284 studs 19,21 339 341 stop 341 stopped 189 325 325 stopping 101 store 20:15 5,6,7,9 23:12 24 37:24 study 269 15 274 310 311 317 11,16 324 stuff 34:21 75 78:25 82:13 89 93:10 105 144 158 38 85:19 10,11 92:14 110 126 167 179 180| 181 199 227 129 130 167 278 303 325 2,6 sundry 16,21 12,14 180 181 supplement 126 154 supplemental 270 supplied 19,20 | 130 165 199 215 254 supplier 105 130 164 9,11 1,11,14 suppliers 21:11 75 164 174 199 200 7,11,22 1,14 223 225 226 surface 133 135 232 258 292 survey 236 312 319 susceptible 269 suspect 133 suspended 117 suspension 341 9 SUTTON 7,7 351 353 Svend 4 332 SW 25:16 swear 50 83:20 155 sworn 1:16 10,19 351 352 SWP 3,6,7 10,11,15,15,18 167 168 169 169 1,2,8,25 3,19 3,4,7 2,4,10,11,14,14 173 174 175 4,7,7 177 styled 1:18 styrene 224 subcontractors 175 175 subject 5 6 52:11 108 283 321 330 338 252 257 supplies 167 168 supply 89:12 143 297 supplying 165 supposed 221 313 341 symposium 293 294 Synkoloid 19,20 system 85 114 262 T 2,2,4,5,12,13 179 12,13,18 submitted 351 subscribed 35106 sure 8 11 2,10 18:24 22,25 25:21 T 53:15 table 236 tail 211 tailed 211 | take 8 12:16 15:14 16:22 19 3,6 10,17 59 71:14 1,19 105 121 123 132 132 20,24 135 156 163 180 1,23 206 12,25 235 239 261 275 280 280 282 10,21 311 317 332 10,15,24 334 344 345 taken 1:17 51 52 17,18 101 6,11 20,23 143 156 10,15 206 239 260 261 276 277 283 285 24,24 294 317 322 i 322 334 351 Ff 3,10 & takes 12 38:25 331 taking 93:16 274 286 310 313 320 334 345 talk 17:11 18 27 29:19 51 54 69:18 76 83:22 112 117 121 131 136 151 158 184 185 195 197 230 1,15,19 236 1,21 253 268 295 295 334 338 talked 17:15 18:19 21 27 28:17 36 52:10 53:20 80:21 101 129 140 143 149 150 215 231 232 232 20,23,23 9,15 15,18 273 284 289 2,3,4,20 295 296 298 AERONAUTICS CCAP TESRAMT TOTO STE Tae ae a eM ER AML TEEUN REN GR AE ETT TLINT a geVg BN ATARI AFTRA, PTR ARCO NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 31 310 3,10 317 320 322 336 talking 20 3,4 17,23 19,20 35 39:10 41 43 49 57 59:18 61 63:22 64:24 65:14 11,17 69:16 73 74 81:17 88 94 7,14 101 108 108 112 117 117 126 135 136 144 163 175 176 186 189 194 21,23 199 205 213 214 216 218 220 234 236 16,19 248 250 255 258 265 13,19 290 292 295 306 309 312 313 314 326 332 335 336 337 talks 54 57:19 64 68:23 75:22 78:23 79:10 87 101 2,5,6 112 224 232 266 267 269 11,15,22,22 295 312 31511 321 323 334 335 tape 8:17 65:24 67:22 2,3,4,8 73:22 83:25 3,5,13,18 84:20 124 129 132 133 134 134 141 147 239 240 320 taped 141 tapes 84:21 321 taping 111 113 125 5,12 221 269 target 175 targeting 111 Tarps 34:21 tax 328 352 tear 12,12 139 139 tear 130 technical 148 298 tell 13:11 14:19 17:23 21:18 22:23 14,14 28:17 29 7,11 41:12 11,21 50 2,6 54 55:20 58 71:17 73:16 5,25 78:16 86:10 1,16 88:10 95 99 101 110 116 117 127 127 130 137 153 172 185 190 195 202 235 240 12,21 244 250 262 7,10 2,11 292 312 331 333 telling 26:15 150 160 174 194 205 250 316 322 345 tells 205 346 tenure 22:25 term 247 terminations 262 terminology 175 180 256 341 terms 27:10 40:23 42 177 180 21-233 242 310 territory 38:23 39 test 285 21,24 311 321 327 tested 235 276 276 297 317 329 testified 8:21 337 testify 8:19 testifying 14 42:20 testimony 10,19,21 12,23 179 351 352 testing 25 22,25 1,4,15,22 234 235 241 242 12,18 6,9,9 12,13 297 2,5,8 320 321 327 329 tests 234 235 262 296 309 tex 137 279 Texas 3,8,21,22,23 4,7,10,13,16,19,22 4,7,11 10 12 9,9,10,18 29:25 35:15 36:20 4,6 12,25 19,20,24 7,9 59:22 3,18 61 10,16 64:16 85 94 155 156 209 14,25 237 10,12 289 306 323 350 3,8,14,25 352 3,7,23,25 texture 83:11 87 90:13 91:19 100 100 104 107 112 134 134 9,10,22 135 9,10,14 19,23,24 138 138 141 146 146 16,19,21 149 6,17 5,8,8,22,23,24 6,16 155 178 4,9,14,17 255 256 261 268 1,2,14,16 301 7,13,22 307 308 309 313 315 321 322 24,25 325 1,4,9,16 330 16,24 331 348 textured 135 147 151 157 250 256 textures 12,20 8,12 8,12 5:14 17,19 7:14 31 50 65:18 68:23 69 3,4,7 71:21 11,12 93:23 100 102 105 111 138 142 144 148 151 163 165 165 166 177 206 225 226 234 266 268 268 269 279 283 300 302 302 305 323 323 328 347 348 texturing 103 105 106 107 107 108 109 109 111 14,17 134 141 251 Thank 167 182 212 228 251 315 330 348 Thanks 51:24 316 their 18 19:13 3,8 23:11 24:16 32:11 7,11,13,18,18,21 44:15 47:19 49:17 50:10 59 11,12 69:20 75:16 77 79:18 81:10 82:19 83:11 90:24 91 96 100 105 14,14 106 18,19 108 9,15 9,10,12 129 163 164 166 167 172 173 175 175 176 192 222 228 229 4,17 233 6,13 242 257 258 260 3,14 264 11,13 268 271 275 280 20,21 283 286 12,17 23,23 25,25 11,11 292 295 296 300 312 331 340 341 352 theirs 194 themselves 83:13 175 21011 220 287 theory 47 149 178 305 339 thereabouts 346 therefor 353 thermal 278 thicker 133 thin 100 thing 20 23:14 33:25 43 44 4,6 57:23 64:19 69:10 74:20 75:13 77 87 88:21 98:12 101 107 110 f 125 128 5,17 131 136 144 23,25 176 193 211 222 235 236 238 239 248 276 288 296 1 300 318 322 th1i 1 n 17:1g 8 32s :17 52 54 60:25 67:19 78:14 87:23 88 100 119 122 131 171 179 180 180 183 198 221 225 235 235 240 241 245 24,25 263 284 287 294 296 303 313 314 320 329 think 15:13 18:11 19 19 25 29 39 40:19 47:13 54 8,9 56:12 57:19 63:24 64:25 70:17 6,116,11 79:10 82:21 98:18 101 102 1,22 108 111 13,15 121 122 123 123 124 137 142 153 153 154 155 158 163 164 10,10,18 168 170 176 179 182 3,4,5 194 195 196 198 199 200 1,16 203 205 208 209 211 215 Save 220 223 225 227 228 230 232 235 237 241 249 13,14,15 251 16,17,20 253 1,6,7,8,14 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 256 263 265 13,15 270 12,16 277 278 16,17 20,22 290 291 18,21 295 296 298 7,19 301 311 316 318 318 321 322 323 19,21 331 7,9,12,21 335 337 345 thinking 180 242 247 thinner 148 third 202 205 , 310 third 26:15 Thompson 3:10 Thorpe 2:21 6,6 though 16:10 156 191 192 219 302 306 - 322 340 344 thought 84:15 102 102 192 242 262 9,22 298 thousand 86:18 three 12:16 13:17 27:15 1,14,20 137 144 154 168 16,17 ~ 175 197 200 13,21,24 207 213 225 244 244 245 256 257 295 19,23 333 dimensional 138 three 269 through 11:20 5,8,8 14,24 22 37:17 40:16 1,25 65 70 6,24 5,22 * 96:12 97:11 101 107 108 115 4,24 123 126 9,22 127 139 139 141 156 11,11 8,17 18,21,22,23 4,7,9 173 174 175 177 177 1,5,12,13 180 181 182 185 188 17,17 190 192 193 195 200 207 208 214 215 200 206 207 207 213 214 13.21 226 1,9,13 228 230 234 235 236 237 238 239 240 4,10 218 224 226 227 241 6,21 246 247 254 11,21 229 255 257 260 231 249 251 262 265 267 258 265 266 269 275 277 266 278 312 327 329 331 5,19 335 336 339 341 343 350 352 throughout 118 189 226 277 2,23 14,19 283 285 287 288 8,19 297 302 4,8,18 311 313 314 317 318 319 319 321 throw 146 thumb 107 - 322 325 326 331 333 334 tickets 195 196 tie 2,2 227 tie 21,24 tight 344 tightly 171 tiles 23,23,24 32 335 15,24 340 341 342 342 346 348 12,21 351 352 timers 95:24 time 8:16 4,19 17:21 19:21 10,17 23:20 times 9,12 21 42 80:11 135 139 23:24 24:22 25:14 168 187 198 10,14,21 11,11 28:25 6,8,14 . 30:17 3,5,8,10,21 _ 32 46:15 3,6,16 235 289 tiny 84:18 tip 186 230 titanium 296 297 5,17 52 53:19 54:13 55:25 12,21 3,5,15 59 65 66:15 67:15 8,25 75:18 16,23 87:15 2,4,7 310 title 2,3 20:11 28 14,17 46:18 52:25 1,16 99:10 209 titled 293 91:16 94 6,23 titles 44:15 96:25 99:22 7,15 4,17 7,11 today 10,17,20 13:23 14 41:20 106 110 111 42 50:19 52:11 112 113 114 116 117 118 63:22 64 70 75:10 76:11 87 118 121 122 88:15 160 168 8,17 125 22,23 128 - 130 18,18 168 7,11 21,22 190 192 193 196 20,23 155 227 230 235 156 158 159 235 266 162 14,16 10,15 169 | together 13:15 20 77:15 105 131 170 179 185 190 192 194 196 200 131 17,17 230 260 345 told 26:16 28:19 47:20 9,12 80 86 122 153 160 161 165 225 246 271 2801 282 Tom 19 ton 185 tongue 327 tonnage 184 187 190 192 210 - 12,13 218 tons 175 16,17 21,25 7,14 23,24 1,1,7 8,18,21,22,25 187 18,19,21 21,24,25 189 190 18,19 -| 3,4,16 198 * 21,25 204 3,4,11,19 206 2,6,6,15 210 6,7,22,23,25 1,4,4 6,16 23,24,24,24 215 5,5,9,9,10 10,10,18 219 2,10,11,12,14,16 17,18,18 tool 133 tools 134 top 13,18,19 94:24 95:11 99 111 12,13 130 12,13 21,22 21,22,24 134 _ 17,17 163 208 8,10 211 267 345 topping 148 149 221 torn 94:20 95:10 total 41 122 169 181 182 183 15,16 184 185 186 187 188 189 190 190 191 192 197 198 203 205 206 14,20 210 212 213 215 216 218 219 219 225 301 318 totally 101 166 256 313 touches 135 _ tough 75:21 227 toward 110 211 town 309 310 track 18:12 123 170 249 tracking 16:11 168 169 tractor 199 trade 105 108 127 131 137 trademarks 105 trades 110 trail 228 training 38 transaction 99 178 transcript 11,12 294 295 16,18,24 353 & transcripts 13:25 16:25 f 17 18 294 transfer 244 transferred 98:18 transition 307 16 transpire 27:16 343 transpired 18:13 99 transport 66:22 transporting 66:19 trays 34:19 73 TRCP 7,12 353 treated 345 : trial 11:21 12:21 16:25 : 348 tried 23:14 122 228 325 triggered 297 i Trilite 4,5 89 90 F 6,9,12 92 f 96:14 101 165 4,20,21 : trip 195 Triple 8,10 trowel 82:12 132 16,25 148 256 troweled 134 trowels 153 truck 14,16 94:10 177 199 trucking 66:24 78:24 f truckline 15,18 73 f 11,13 1,5,6 : Trucklines 65:23 66:17 9.78 93:25 : truckload 197 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 33 trucks 66:19 77:16 true 52:19 72 125 140 203 308 350 351 trust 56:18 199 251 252 268 269 16,22 289 truth 19,20,20 try 82:18 124 169 170 173 173 193 229 258 301 14,25 trying 26:10 45:21 64 74 102 103 122 143 163 193 194 198 202 224 246 259 267 284 2,14 318 Tulsa 10,12 33 172 217 218 218 14,23 309 turn 98 8.228 266 284 TWA 285 two 13:17 21 4,6 25 27:15 33 37:23 38:21 5,151,11 88 100 113 122 17,25 149 152 169 170 176 188 197 204 206 209 215 224 10 234 10,10,10 238 245 251 261 267 290 291 297 16,23 309 21,24 314 110 114 115 122 130 134 138 140 142 145 151 157 168 169 7,11 178 201 229 233 235 244 250 13,14 322 335 typed 166 23,24 221 types 15 17:18 18:10 12,15 17,18 53:21 77 78:12 100 134 136 159 160 175 182 201 201 214 220 224 226 232 257 263 278 297 308 314 11,23 typical 130 172 typically 19,20 42:16 50:23 93:14 139 176 184 220 302 U U huh 25:21 27:21 36 80:25 108 138 141 150 180 185 186 188 197 233 254 280 304 307 314 320 ultimately 23:16 287 umbrella 66 81:11 5.19 unable 344 underneath 65:22 understand 11 27 41:22 7,10 45:15 59:20 63 70:10 76 78:10 17,17 85 88 100 111 118 7,13 126 17,23 . 163 164 174 175 178 182 196 208 224 225 226 22,24 248 255 263 270 294 295 306 338 339 340 understanding 15 47:19 90:16 96:24 97 111 5,17 17,21 142 16111 192 195 13,19 227 236 238 247 248 250 291 297 302 309 327 338 understood 100 114 179 180 243 294 331 340 unfortunately 203 209 215 240 uniforms 288 Union 2:11 6:23 7:10 7:11 9:13 200 253 257 279 297 14,23 310 311 328 334 336 unit 256 United 35:18 37 units 139 346 unknown 217 22,25 284 297 299 304 307 326 338 5,19 348 updated 336 upper 86 usage 272 303 use 4:18 5 31 68:10 76 88:14 89:13 90:22 91 96:21 113 131 138 140 143 195 221 235 6,7,14 272 278 9,14 290 10 296 298 8,12 304 12,17,22,25 316 325 330 330 341 342 used 18,24 33:14 46 77 80 82:11 84:21 87 97:25 98 100 101 9,13 129 6,7,9,10 4,8 12,15 22,24 139 140 147 151 165 179 187 190 192 201 203 204 217 223 224 22511 241 255 278 297 302 308 310 320 3291 351 user 93 25,25 users 25,25 6,18 93:19 156 user's 234 uses 166 225 using 5,9,11,12 vacant 95 T vagaries 300 a Oe vague 67:14 ag Vaguely 9,12 OES value 23,25 41 1,3 44 ee Van 2:15 58 12.12 TNT NToe VanCleave 10,10 variations 145 1 OR varied 136 241 varies 62:25 SERA various 4:18 22:10 Tare robes 44:14 86 88:20 111 119 127 Eros 130 182 222 223 225 228 251 267 273 293 295 308 319 330 fi 348 vary 200 varying 200 Hi vast 229 vehicle 43:14 vehicles 78:22 152 287 vendors 19,20 74:23 96:22 180 222 vendor's 107 vent 274 ventilation 274 282 ventilators 303 venues 25:17 VERDA 7 351 353 verification 63:22 vermiculite 8,9,10 12,15 3,15 13,17,21 1,3,4 91:17 1,18,21 93:20 96:20 15,24 [i & 4,5,9 333 335 338 half 4,7 197 decade 22:24 fold 159 194 type 21,24 11:16 12:10 23:13 25:23 1,21 14,16 44 57:23 74:20 77 21,23 83 87 88:21 97:10 103 104 105 under 43 44 58 64:19 65:13 2,10 69:13 71:10 72 73:16 7,10 100 101 105 106 17,18,21 118 118 5,18 154 164 186 189 202 204 224 10,12,14 257 267 285 1,4,5 20,24 344 350 353 Unless 93:16 unprofitable 43:18 unrelated 1661 until 15,17 20:10 38 40 72:15 75:19 83:17 117 122 161 169 183 203 205 212 213 215 218 222 229 230 1,16,16 231 234 237 241 265 273 91:12 93:17 100 140 147 148 165 186 257 271 - 296 306 316 321 329 339 usually 9,10 249 Utah 36:12 22,25 3,7,16 utilize 173 U.S 227 98 1,12,18,21 100 101 165 ff 8,22 16,19 version 75 versus 9,10 144 234 238 245 very 22 41:23 47:18 65 67:14 9,10 11.11 75:19 100 174 181 193 16,20,20 227 256 260 264 270 276 296 302 306 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 321 338 340 Waller 246 341 vested 42:19 viable 43:24 Wallpapers 24 walls 73 82:14 134 135 vice 16:20 20:14 37:24 53:18 258 VIDEOGRAPHER 13,15 51:25 52 Walter 5:11 291 want 10:13 21,22 20:21 32:22 43 52:18 54 55 13,16 124 14,17 206 207 17,22,25 282 283 317 317 7,10 17,23 VIDEOTAPED 1:11 60:13 65:12 68:15 69 11,13,14 91:25 123 124 130 131 140 13,22 151 12,14 160 166 1:15 view 260 168 175 176 176 178 Vinyl 131 149 153 viscosity 153 233 viscous 148 vision 75:13 visit 262 11,13 283 324 voids 147 volatility 41:22 volume 19,21,23 86 97:10 13,18 144 168 169 173 176 184 207 228 11,21 229 240 241 250 262 266 276 23,24 284 288 296 306 320 17,21 331 15,22 334 336 340 wanted 22 26:22 52 70:10 72:13 82:18 83:22 97:17 101 107 125 170 15,16 180 181 5,20 14 183 190 199 256 volumes 85:13 169 | voluntary 272 VS 3,8 351 353 353 100 10,16,19,22 153 264 280 304 305 wanting 143 | wants 15,17 276 war 48 warehouse 88:24 169 Warner 2:14 9:11 warning 6,19 1,4,6,7 6,19 344 W W 2.21 5:11 351 351 353 wait 149 187 318 oo walk 21:23 51:17 93:13 228 walked 92:20 wall 31:24 68 69 113 131 132 8,14,20 134 8,10,14 23.24.25 138 146 8.178 261 300 302 13 347 warnings 159 160 161 270 342 warranted 341 wash 96:20 washed 91 Washington 35:21 36 5,7 50:18 207 208 wasn't 18:15 92:11 116 172 230 231 255 282 289 306 334 341 waste 6,10,14 was 353 water 51:21 81 132 138 2,16 140 17,23 142 13,24 144 148 149 150 151 152 224 7,11 wavelength 176 Wavy 134 way 18:11 21:13 23:24 25:11 51:22 13,14 65 14,14 109 110 111 123 135 146 148 155 12,12 11,14,14,14 169 171 13,13 174 182 193 195 215 221 223 237 244 274 287 _ 291 292 304 308 311 333 ; Wayne 309 323 ways 134 135 142 286 wayside 78:15 wear 313 week 168 weekly 168 weeks 335 weight 184 186 189 192 195 198 285 weighted 191 welcome 231 6 333 well 18 29:20 30:19 31:21 35 43:19 47 48:11 49 51 53 58:18 59:23 60:22 61:23 67:21 68 75:19 15,16 80 82 86:25 90 90:23 94 96 97 99:16 100 103 16,25 105 106 107 108 112 117 119 2,13 129 130 131 133 134 135 136 137 149 151 153 155 164 170 7,11 174 175 179 183 1,21 191 5,12 195 9,15 1,10 202 203 203 205 209 210 229 230 233 12,22 240 241 243 244 245 248 249 250 13,15 256 260 265 266 269 11,14,18 270 277 279 280 281 286 289 293 296 301 302 303 14,25 305 8,19 11,13 307 308 313 315 318 13,18 320 325 326 4,21 16,17 338 344 went 12:21 8,8 21:11 4,6,8 6,8 23:14 6,13,21 30:13 31:10 15,23 34:16 2,2 6.8 68 72:13 5,6,6 80:24 83:10 85:22 90:13 97:11 100 115 138 163 169 172 173 186 10,11 203 216 217 220 225 226 227 233 261 268 278 281 301 310 310 319 342 342 343 346 were 20,23,24 13 8,9,15 6,6,7 18:25 16,21 22:17 22:20 3,19,24 24:17 28:25 13,16 5,6,16,16 31 7,11,23,23 1,5 6,9,11,12,19 34 34 40 46 48:12 49:24 6,8 56 13,15 58 65:14 ~ 1,10 17,18 70:24 3,4,6,11,11 20,25 3,3,4,5 3,4 78:11 81:16 82 21,21 85:24 6,6,7 15,21,23 3,17 90:23 92 93:16 95:23 3,4 96:20 100 101 3,21 6,17,20 ff 103 104 105 2,3,5 4,13 107 16,19,20 109 20,20,23 4,4,11,23,25 6,25 9,11 114 115 117 21,25,25 118 120 121 122 125 126 6,12,23 128 | 7,20,23 4,11 f 136 137 139 139 140 141 144 147 155 156 157 10,14,17 159 9,12 12,18,19,20 } 162 163 164 13,16,17,18 23,25 1,8,11 d 169 170 r 171 172 173 174 : 176 6180 F 180 8,11 12,13 188 189 191 192 19,21 194 199 4,7,11,19 f 200 204 206 207 209 214 215 220 221 221 7,10,22 223 224 225 225 226 227 228 229 231 20,20 234 Ff 3,9,20 14,22 237 238 : 240 16,19 242 6,12 : 2,16 245 246 ff 4,8,11,15 251 ff 251 16,18,24 254 4,8,17 NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 35 256 257 258 258 259 260 8,8,9 292 306 314 331 335 337 341 workdays 244 worked 5,9 5,6 75:19 142 202 5,12,15,22,23 263 264 268 269 9,16,17 17,25 2,15 we've 39:15 143 15611 292 wheelers 199 while 22 28 33:25 231 246 248 260 269 285 288 289 296 315 327 11,15 275 96 98:12 145 worker 299 313 10,10 1,3,10 208 267 280 314 16,20,25 279 279 3,16 11,20,20,24 1,2,10,11 283 4,17 285 White 130 whole 8:20 2,2 47 119 141 185 239 250 251 262 workers 2,5,10,12,53,10,13 237 10,24 246 249 280 19.23 290 291 287 10,10,14 289 290 291 291 293 318 341 workers's 237 worker's 238 4,21 24,25 wholesale 85 1,20 241 243 10,11 295 13,14,17 298 302 303 304 15,23 305 306 15,24 2,7,14 309 310 8,19 312 313 7,17 315 1,4,17,25 322 324 326 8,13,13 328 24,25,25 331 16,17 337 338 11,25 340 3,4,9,22 24,25 342 343 13,20 3,18 21,23 345 16.21 347 weren't 161 204 213 217 west 7 10 26:24 35:16 48:15 112 Westco 163 227 10 2281 western 35:23 Westheimer 2 110 174 175 wholly 73:17 wife 47:14 William 2 2:12 15:13 15:16 351 353 Williams 6 5 4,4 winding 206 Winslow 19 4,5 52:12 Wiseman 330 wish 42 99:25 witness 1:16 42:11 10,19,24 267 275 282 308 312 316 317 323 336 9,119,11 15,17 wonder 123 wondering 179 wood 78 Woodland 112 woods 173 word 271 297 words 126 297 303 wore 288 313 working 28:10 238 243 7,13,20 269 10,25 320 335 workman's 237 243 13,15 workmen's 239 245 247 249 250 280 workplace 239 258 2591 278 287 303 304 324 works 44:22 82:24 89 178 301 world 48 worth 10 43:16 62:14 wouldn't 50 93:14 109 126 163 12,14 wrap 333 wrapper 72:24 writing 137 322 written 19 111 168 221 311 wrote 179 wet 13,14 145 we'll 275 we're 8:16 21:14 3,4 29:17 3,6,13,23 19,19 42:17 43 51:22 58:18 59:18 work 21:11 6,8 14,20,24 26 8,189,19 29 30:13 31:10 34:12 40:11 55 86:12 133 135 145 167 X Xerox 4:12 ray 271 299 rays 271 290 291 60:24 74:16 79 173 175 177 Y 99 101 117 127 156 158 176 184 186 186 189 197 197 202 211 218 275 276 209 226 227 230 249 272 277 285 24,25 2,10 315 316 325 326 Y 2 Yanof 9 2,2 263 4,7,14,19 yeah 5,19 29 36 36 41:23 46 51:11 55:20 56:18 63 67:14 69:17 73 76 12,22 11,14,16 87 91 94 95 7,9 108 123 124 1,15,15 130 137 140 142 142 143 153 16,20 183 185 8,12,23 197 206 213 22,24 218 227 255 year 200 you 39:12 66:24 6,6 14,15 88:11 10,13,20 113 123 164 201 19,19 227 252 264 271 281 282 you 162 all's 280 281 y'all 19,21,23 325 258 263 268 Z 269 273 275 9,18 281 291 19,20 302 2,19 314 315 319 323 329 329 11,17 year 22:12 27:11 41 19,21,24 54:14 89:21 11,12 115 158 182 185 186 187 188 3,13 200 12 202 205 6,8,16 9,16 209 210 211 212 213 216 218 226 229 244 254 271 291 308 years 11:18 15:23 22 zero 301 zeros 197 zone 172 800 246 806 246 0 00577 312 01014 3 01018 4:20 01019 4:10 01020 4:18 01022 8 01025 4:11 01027 4:13 01041 4:12 01042 5:11 01043 5:14 01050 7 01051 6 sya ess |t ema? : ; F i p i 6,9,10 6,10 16,16 27:15 34:10 15,15,23 1,3 46:16 55 56 73:10 89:15 97:14 99 113 115 119 4,22,25 154 164 166 170 5,19 01053 6:17 01055 6:19 01056 9 01057 7:15 01058 6 01060 5:22 01061 5:20 01063 4 _ 01086 4:14 3,15 1,17,19 3,24 195 01087 5 01091 7:11 1,17,19 204 207 209 212 8,23 215 4,10 217 5,24 230 230 233 238 01093 7:10 01094 6:23 01095 6:13 01096 6:11 01099 4:15 01108 5:16 17,18 241 255 261 265 266 270 290 291 01110 7 01118 3 01126 4:23 01127 6:21 713 861-0203 Page 36 01129 8 01137 8 01138 5:12 01145 4:21 01159 7 01161 6 01233 7:13 01235 6:10 01236 01239 4 01244 7:14 01253 6:16 01254 6:14 01257 5:19 0168 279 01963 336 01964 336 0386 327 04769750 352 0619 274 1 18:17 56:13 169 313 1.7 199 1/23/78 7:13 1:02 101 1:26 124 1:39 124 10 6:15 7:16 154 198 285 10th 313 315 10,000 184 10/30/72 5:16 10:06 1:19 10:08 8:16 10:53 52 100 169 1002 5:24 293 1003 13,21 68:22 1014 293 1018 222 1019 124 154 1020 220 1022 259 1025 127 1026 131 1027 161 163 1029 137 1030 137 263 1032 142 1033 144 1034 3,4 1036 147 1037 22,24 1038 153 1039 151 1040 153 163 1041 127 21,22 1043 153 1050 326 1051 13,15 1053 315 1055 316 1056 266 1058 258 1060 289 1061 283 1063 298 1086 166 1091 334 1093 335 13,14 1099 181 11 6:23 11th 3:10 11,000 185 186 186 197 11,500 185 11-77 329 11:09 52 11:56 101 1108 273 1110 299 1118 320 11200 1127 317 1129-53 1130 323 1138 272 1143 272 1145 243 1159 327 1161 321 1169 330 117 206 12 6:10 56 10,13 15,16 339 13,18 12th 308 331 | 333 338 339 12,000 186 12-31-2002 353 12/31/2002 352 12/7/99 7:17 1201 4 1233 331 345 1235 309 1236 279 1239 254 124 4:10 1257 274 126 206 12600 2:16 1274 12 129 206 13 5:18 18,20 23:23 63 279 13,000 210 ] 275 293 1974 5:24 6 217 243 244 310 2193 205 Nora 22 7:12 197 198 244 334 22nd 335 13,600 219 130 188 1300 2:22 1379 274 1380 283 1381 289 14,000 186 140 6 1420 204 15 9,16 4 34:10 63 122 154 311 320 335 15,000 210 16 6,15 330 333 340 16th 338 5,7,15 161 4:13 16200 6 1664 14 17,000 210 1700 4 173 213 1730 3 18 6:22 199 317 181 4:17 189 183 254 184 217 1884 211 19 121 323 1938 266 1952 120 SA 1975 9,10,13,15,16 220 4:19 Tas OE 16 172 203 222 7 4:20 205 225 225 2:16 256 SRI 299 302 30821 309 313 23 5 211 217 331 315 1976 18,20,22,23 4 _ 5,6 189 304 305 320 1977 7,10,12 189 211 235 8,21 336 235 188 219 256 mn 236 219 260 cernsgce ' 315 iu 24 7 9,10 25:16 ff 24th 259 | 2400 219 : 241 3 q 1978 16 172 - 243 4:22 : 189 266 338 245 188 339 340 342 342 . 25 129 145 283 1980 243 245 246 247 1981 238 245 246 10 248 1982 31:17 78:12 117 118 119 25th 2:22 _ pound 10,19 } 136 138 139 ff 141 143 : 146 147 149 151 180 ; 211 217 326 pounds 234 i 1985 11,14 31:18 34:13 168 252 219 254 5 i : 1994 38:10 258 7 Q 259 8 2 266 5:10 i 2 3 5:24 124 166 269 5:11 - i 170 178 210 27 7,10 299 224 259 267 326 313 - ; 272 5:13 1958 78 2,000 8,10 198 273 5:16 1960 7,10 112 2:11 156 274 5:19 - 114 122 193 2:25 156 : 279 5:18 | 194 232 234 20 172 205 335 28 5:23 : 235 200 3:10 rer 2800 219 1963 48:20 1964 115 117 2000 1:22 2:19 2001 1:22 2:19 12:15 tnrcmepvig 282,000 332 346 283 5:21 ar Esato 1965 108 25.158 14:22 14,16 20 289 5:23 nN 1969 172 1,7,12 heen 293 5:24 6 sera wu 197 213 2002 13,18 8:17 298 5,6 219 1970 102 158 124 240 349 299 7 212 217 1971 214 217 1972 7,11,23 7:14 151 12,18 350 12,18,20 8,14 11,20 203 352 353 203.3 352 353 3 3 210 240 284 293 296 1,14 161 185 2085 22,24 3M 8 3 229 231 259 2089 202 3-4 283 291 300 303 1973 18,19 6 210 2091 208 21 218 2100 218 3:17 206 : 3:33 207 : 30 5 296 210 217 265 2102 181 309 6:10 ST aN aaron aes I Ten SEIN EY SCARE ra AR Perret cPApi eR ian ASIo EN ere si iN MUSs E SUNTi PATRIA TAT EMER pene reer areneat oN edi Ram AAT Ippon Feat nn ITER ANWR eis gaa tr ene STASAN heN er T NELL MCCALLUM & ASSOCIATES INC 713 861-0203 Page 37 31 1:13 124 125 125 154 349 351 31st 1:18 8:17 124 240 315 6:18 316 6:20 317 6:22 319 217 320 4 321 6 326 7 3277 3277 331 7:13 333 2:13 334 7:12 ' 336 7:10 342 210 pound 25,25 3550 3 356TH 9 351 353 365 217 4 4 8,19 274 293 4th 275 4,000 206 4-1-78 332 4:09 239 4:21 240 5319 10,11 5327 299 5328 308 534 186 5428 320 5450 189 5463 11,19 55 188 ' 5515 127 3,25 5525 136 5535 147 5563 151 255 5580 146 56 120 309 5600 188 5696 84 5698 101 57 22:16 5743 323 58 68:24 113 585 183 184 6 65:11 7:14 7,21 295 6,000 206 6.22 351 6:15 317 6:22 317 6:42 334 9,15,2 150 17,24 184 194 6497 243 65 55:10 194 205 654 186 6549 124 66 7,10 4,15 3,5,10 194 6,19 67 56:14 9,12,19 190 212 213 213 215 216 216 217 678 210 68 70:17 71:25 164 7,13 10,16 202 16,21 213 217 255 69 11,12 22,24 198 207 12,15 213 217 5,17 7 76:13 186 278 7M05 224 7RF 224 7RF02 224 7,580 332 72 7,10 157 11,12 2,10 159 17,19,25 161 186 187 187 7,15,16 207 2,13 210 211 19,20 219 229 231 11,17 12,20 19,21,23 258 10,12 7,22 7,217,21 261 262 264 11,17 267 5,6,7,8,11,19 269 272 273 274 277 1,17 283 314 315 319 73 185 186 11,13 5,6,16 210 214 217 219 1,10 260 274 17,17 279 295 2,5,14 739 1:20 351 352 353 325 326 335 76034 10 77 16,17 188 1,9,24 210 Pare 218 219 235 hesatect Fose 235 260 261 rats 261 24,25 307 315 326 326 3,14 Pe 328 330 331 334 10,19 = 3,14 : 77,580 346 d 7700 188 a 77002 2:13 : 77007 352 i 77010 353 : 77034 2:16 F 77042 2:10 : 77056 2:22 ; 77701 2 78 16 211 11,15 265 : 266 278 330 fi 10,13,15,19,24 333 14,15 20,24 340 342 345 348 40 99 213 400 206 210 219 41,862 6 351 353 4100 206 4105 2:13 42 40 41 442 187 46 47:24 48 480 328 329 4836 166 4837 178 492 219 | 4991 330 5 5 206 276 278 5:10 282 5:38 283 6:48 334 60 22:19 106 107 115 118 122 126 150 182 184 190 190 3,5,10 6,19 200 60s 53:25 64:25 125 163 171 190 193 196 226 227 237 237 60TH 5 351 353 | 600 184 197 211 352 353 61 14,19,20 194 226 6135 167 62 194 7:02 1:19 348 70 9,11 54:23 102 186 205 14,16 13,23 74 56:15 17,18 206 210 215 5,11 217 218 219 213 218 239 226 6,13 239 242 262 298 | 15,15 346 75 16:12 202 205 70s 65 7,18 125 163 | 169 170 171 187 188 190 5,7,17 210 217 6,8,9,12 219 16,17,19 226 262 300 3,24 200 212 217 227 234 13,23 302 304 309 237 9,16 251 255 326 311 19,19,20 323 326 343 75001 7 700 197 75039 7 7004 10 75201 1:23 2:19 3:11 71 55:10 70:18 71:25 75270 4 8 3 6 186 267 |: 20,24 8:00 275 i 80 27:16 243 80s 26:14 13,20 31:11 121 212 800 197 iH 81 27:16 9,10 15,17 247 TE 249 4 82 56 16,19 78 7,14 RSIS 17,21 122 ee 126 211 212 252 ena 827 210 as SOT 83 217 844 14,24 198 199 50 172 50s 48:10 pound 109 129 136 145 520 2 521 256 53 213 5300 352 353 63 8,17 102 1,2,8,13 104 194 13,22 255 329 6373 138 153 297 64 9 115 117 4,12 7,14 164 186 187 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ARMAS eR OE PP Oe AS geen ere NELL MCCALLUM & ASSOCIATES INC 713 861-0203 88 96:10 121 231 10,11 9 9 5 328 329 9,000 186 188 900 197 93 6,16 94 222 953 186 96 12,12 9700 219 9927 183 184 oS MOAR R DAA TTA WN EN TAT ee acy aan eee NELL McCALLUM & ASSOCIATESASSOCIATES INC 713 861-0203