Document Bv72VkpXqpDjykn8zkJ9OJ2nw

'UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY JOAN MAERTIN, Executrix of ) the Estate of Lothar Maertin,) JOAN MAERTIN, individually ) and in her own right, et al.,) ) v. ) ARMSTRONG WORLD INDUSTRIES, INC., ) ) ) v. MONSANTO COMPANY and AMERICAN MINERAL SPIRITS COMPANY. ) ) ) ) ) Civil Action L-95-cv 02849 (JBS) Simandle, U.S.D.J. Rosen, U.S.M.J DEPOSITION OF CUMMING PATON TAKEN ON BEHALF OF THE DEFENDANT/ ARMSTRONG WORLD INDUSTRIES, INC. JUNE 25, 1998 DcpoNet Taylor * Schroeder Reporting & Video "Meeting All Your Litigation Needs COURT REPORTERS 7494 Ethel Avenue St. Louis, Mo 63117 314.644.2191* 800.280.DEPO Fax 314.644.1334 QUALITY ASSURANCE TOWOLDMONOQ51845 CUMMING PATON QUESTIONS BY: Mr. Turet Mr. O'Connor 4 159 INDEX OF EXHIBITS 6 PATON NO. DESCRIPTION 71 Bates MAE 053222-23 82 Bates MAE 053555-52 93 Bates PRR 045436-37 10 4 Bates MAE 059911 11 5 Bates MAE 023314-22 12 6 Bates MAE 033475-84 13 7 Bates MAE 034803-814 14 8 Bates MAE 059946-47 15 9 Bates MAE 059952 16 10 Bates MAE 054468-69 17 11 Bates MAE 054470-86 18 12 Bates MAE 054596 19 13 Bates MAE 058885 20 14 Bates MAE 021966-69 PAGE MKD. 59 63 76 87 107 115 125 129 144 148 149 151 154 157 (Exhibits to be attached to original transcript only.) Condcnsclt! APPEARANCES For the Plaintiffs: Mr. Brian O'Connor, Esq. Law Offices of Gary Ginsberg Atrium n, Suite 101 3000 Atrium Way 6 Mt. Laurel, New Jersey 08054 7 For the Defendant/American Mineral Spirits: 8 Ms. Carolyn O'Connor, Esq. 9 Wilson, Elser, Moskowitz, Edelman & D Two Gateway Center 10 Newark, New Jersey 07102-5311 11 For the Defendant/Monsanto: 12 Mr. Christopher DiMuro, Esq. 13 Latham & Watkins One Newark Center 14 Newark, New Jersey 07101-3474 15 Mr. Gerard H. Davidson, Jr., Esq. Smith, Helms, Mulliss & Moore, L.L.P. 16 300 North Greene Street Suite 1400 17 Greensboro, North Carolina 27401 18 For the Defendant/Armstrong World Industn 19 Mr. Craig Turet, Esq. 20 Duane, Morris & Heckscher, LLP One Liberty Place Philadelphia, Pennsylvania 19103-7396 JUNE 25, 1998 Page 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY 3 JOAN MAERTIN, Executrix of the Estate of Lothar Maertin, 4 JOAN MAERTIN, individually and in her own right, et al., ARMSTRONG WORLD 7 INDUSTRIES, INC., 8 v. 9 Monsanto Company and AMERICAN MINERAL 10 SPIRITS COMPANY. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action L-95-cv 02849 (JBS) Simandle, U.S.D.J. Rosen, U.S.M.J. 11 12 DEPOSITION OF CUMMING PATON, produced, sworn and 13 examined on the 25th day of June, 1998, between the hours 14 of eight o'clock in the forenoon and six o'clock in the 15 afternoon of that day, at the offices of The Cheshire Inn 16 & Lodge, 6306 Clayton Road, Clayton, Missouri, before 17 TAMMIE A. ST. ARBOR, Certified Shorthand Reporter and 18 Notary Public within and for the States of Missouri and 19 Illinois, in a certain cause now pending in the United 20 States District Court for the District of New Jersey, 21 wherein JOAN MAERTIN, Executrix of the Estate of Lothar 22 Maertin, JOAN MAERTIN, individually and in her own right, 23 et al. are Plaintiffs and Armstrong World Industries, 24 Inc., Monsanto Company and American Mineral Spirits 25 Company are Defendants. Page 2 Page 4 1 IT IS hereby stipulated AND AGREED by and between 2 counsel for the Plaintiffs and counsel for the Defendants 3 that this deposition may be taken in shorthand by 4 Tammie A. St. Arbor, CSR and notary public, and afterwards 5 transcribed into printing, and signature by the witness 6 expressly reserved. ***** CUMMING PATON, of lawful age, produced, sworn, and examined on behalf of 10 Defendant/Armstrong World Industries, Inc., deposes and 11 says: 12 EXAMINATION 13 QUESTIONS BY MR. TURET: 14 Q. Good morning, Dr. Paton, it is Dr. Paton as 15 opposed to Mister? 16 A. I'd prefer if you didn't use Doctor. 17 Q. Mr. Paton, my name is Craig Turet. We met just 18 a few moments ago. I'm the attorney here representing 19 Armstrong World Industries, Inc. which as I trust you know 20 is a defendant in this case. Have you been deposed before 21 today? A. Yes. Q. Okay. On how many occasions approximately? A. I'm not sure. Q. More than five? Page 2 - Page 4 TOWOLDMONOQ51846 CUMMING PATON Condenselt! TM JUNE 25, 1998 Page 5 Page 7 1 A. Possibly. I don't keep count. 1 A. I started my employment with Monsanto Company. 2 Q. Okay. Then I'm sure you're familiar with what 2 Q. And when was that? 3 you're to experience today. But nevertheless, I'm going 3 A. That would have been sometime in early 1959 I 4 to ask you a series of questions, you'll be expected to 4 guess. 5 answer them as completely as you can. If you don't hear 5 Q. Okay. What position did you first assume with 6 any question or understand it, by all means, let me know. 6 Monsanto? 7 I'll be happy to repeat it or rephrase it. But if you do 7 A. I think it was a research chemist first. Yeah, 8 answer it, that will indicate that you both heard and 8 research chemist I believe. 9 understood it. Is that acceptable? 9 Q. And did you have a particular division that you 10 A. Yes. 10 were assigned to as a research chemist? 11 Q. Of course, when I'm done, the ladies and 11 A. It was, the division would have been in the 12 gentlemen to my left will also have an opportunity to ask 12 research department of Monsanto's U.K. operations. 13 you some questions. Now, Mr. Paton, you understand that 13 Q. Where were you based at the time? 14 your testimony today is being transcribed by the court 14 A. I was based in Newport and Whales. 15 reporter to my right, it's being taken down in writing? 15 Q. To your knowledge, did the Newport facility of 16 A. Yes. 16 Monsanto manufacture PCBs back in 1959? 17 Q. Okay. And you understand that if at the time of 17 A. I don't think so. But I could be wrong on 18 trial in this case, for any reason you're not available, 18 that. I just can't remember. 19 your testimony from today could be introduced just as if 19 Q. By the way, just by way of clarification, you 20 you were there live? 20 understand that if I refer to PCBs, I'm referring to 21 A. I guess. 21 polychlorinated biphenyls? 22 Q. And also, if you need to take a break for any 22 A. Now that you've told me, that's fine. 23 reason, just let me know. We'll be happy to accommodate 23 Q. Just to make things shorter in the transcript, 24 you as long as there's not a question outstanding. If so, 24 if I refer to Armstrong rather than stating Armstrong 25 you need to answer the question first and then we can take 25 World Industries, will you understand who I'm referring Page 6 Page 8 1 a break. Okay? 1 to? 2 A. Okay. 2 A. Fine with me. 3 Q. Perhaps we could just start, Mr. Paton, if you 3 Q. And also, there's a defendant in this case, 4 could give us your educational background. 4 third party defendant named American Mineral Spirits 5 A. You mean college education I take it, right? 5 Company that sometimes goes by the acronym AMSCO. So for 6 Q. Your formal education from college on. 6 purposes of today, if you hear me refer to AMSCO, that's 7 A. I attended the University of Aberdeen in 7 what I'm referring to. 8 Scotland, graduated with a BSC in chemistry in 1995. 8 A. That's fine. 9 Q. 1995? 9 Q. Meanwhile, back in Newport, did you have a 10 A. Sorry, 1955. My apologies. Then I did a 10 particular substantive specialty as a research chemist? 11 doctorate also at the University of Aberdeen and graduated 11 A. As I recall, I didn't work on polymer latices 12 with a PhD in chemistry in 1959. 12 which would have been, which would have been to some 13 Q. Did you have to do a doctoral dissertation or 13 extent, would have used some of the experience of when I 14 thesis as part of that program? 14 did my PhD. 15 A. Yes. 15 Q. Did you say - 16 Q. What was that in? 16 A. Polymer latices. 17 A. It would have been in what they call polymer, 17 Q. Did your work in that regard include work on PCB 18 P-O-L-Y-M-E-R, chemistry. 18 products? 19 Q. And had you worked full time before you got your 19 A. No. 20 PhD? 20 Q. How long did you remain as a research chemist at 21 A. No. 21 the Newport, Whales facility? 22 Q. Did you go to work full time after you got your 22 A. I remained with Monsanto for I think a total, 23 PhD? 23 sometime in 1962. 24 A. Yes. 24 Q. And you were a research chemist through to the 25 Q. And with whom did you start your employment? 25 1959 to 1962 period? Page 5 - Page 8 TOWOLDMONOQ51847 CUMMING PATON Condenselt! TM JUNE 25, 1998 Page 9 Page 11 1 A. Probably. I can't remember the exact titles, 1 product specialist and was in the marketing department. 2 but, yes, pretty much the same title. 2 Q. Which product were you assigned to be a 3 Q. Where did you go in 1962? 3 specialist in? 4 A. Then joined Geigy Company in Manchester, New 4 A. In a group of products known as Plasticizers. I 5 England. I was head of their laboratory for customer 5 think it might have been the Plasticizer division, but I 6 technical service application development, worked on 6 can't recall that. 7 additives for plastics. 7 Q. And that included the Aroclor kind of 8 Q. And were you based in Manchester, England? 8 Plasticizer products at the time? 9 A. Yes. 9 A. They were part of that division initially. I 10 Q. Did any of your work with that company include 10 don't think I, in fact, I'm pretty certain that I didn't 11 work with PCB products? 11 have anything to do with the Aroclor products as such. 12 A. I very much left it. I can't recall anything. 12 Q. When you were first assigned to the company? 13 Q. How long did you remain with that company? 13 A. Exactly. 14 A. Two years. 14 Q. Were there particular products that you had 15 Q. So until 1964approximately? 15 personal responsibility for within the Plasticizer 16 A. Yes. 16 department? 17 Q. Okay. And what position with that company did 17 A. At this late date, I can't really be too sure. 18 you assume in 1964? 18 I would have worked more in supporting the field 19 A. I then was hired by a company called Diamond 19 salespeople in trying to help them technically and give 20 Alkali. And they had me come to Painesville, Ohio. 20 them commercial guidance and so on and so forth. So it 21 Q. Okay. And what was your position with Diamond 21 was sort of a support group for field sales. 22 Alkali? 22 Q. And when you say provide commercial guidance to 23 A. I was in a position dealing with customer 23 the field salespeople, do you mean providing special 24 technical service on a new product that they were, they 24 technical data with regard to specific Plasticizer 25 had just commercialized. 25 products? 1 Q. And what product was that? Page 10 1 A. Well, some of that. Trying to help them Page 12 2 A. It was a group of products known as 3 polysulfydes, P-O-L-Y-S-U-L-F-Y-D-E-S. 2 understand how the products might be sold and used, and 3 explaining properties to them if they weren't particularly 4 Q. And as a customer technical service person, what 4 sure, trying to help them answer customer questions that 5 was the gist of your responsibilities? 5 could be answered without having to go to the technical 6 A. Well, I would have been responsible for working 6 department and involve actual laboratory work. 7 on applications for these products, formulations for them, 7 Q. Did you do any technical laboratory work as a 8 and then visiting customers that were potential buyers of 8 product specialist in the marking department? 9 the polysulfydes. 10 Q. And is that similar to the position that, to the 9 A. No. I would have sent requests to the technical 10 department, but I would not have done the work nor would I 11 responsibilities that you held while with the Geigy 11 have supervised it. 12 Company? 12 Q. Was there a geographical limitation on your 13 A. Some would have been similar, others would have 13 responsibilities as product specialist? 14 been different. 14 A. There might have been. I can't recall now. 15 Q. Okay. How long did you remain as a customer 15 Q. Do you remember doing any work in the northeast, 16 technical service person with Diamond Alkali? 17 A. For two years. 18 Q. And where did you go in 1966? 16 specifically in the Pennsylvania area? 17 A. I would have visited, but whether it was in my 18 initial, when I initially joined or later, you know, I 19 A. Then I rejoined Monsanto Company in St. Louis. 19 can't distinguish now. Too much time has passed. 20 Q. When during 1966, was it early in the year, late 20 Q. And how long did you remain in your position as 21 in the year? 22 A. I think it was the latter part of the year as I 21 a products specialist with the marketing department? 22 A. Just a little over a year, until the end of 1967 23 recall. 24 Q. And what position did you hold with Monsanto? 25 A. When I came to St. Louis, I was what they call a 23 I believe. 24 Q. By the way, who was your supervisor as products 25 specialist? Page 9 - Page 12 TOWOLDMONOQ51848 CUMMING PATONCondcnsclt!TMJUNE 25, 1998 1 A. I'm going to say there was a Jim Bagnell, Page 13 1 A. Yes. Yes, of terphenyls. Page 15 2 B-A-G-N-E-L-L, I think but I couldn't be a hundred percent 2 Q. Now what specifically were your job 3 sure of that now. 3 responsibilities as market manager of Plasticizers between 4 Q. Was he in charge of the entire marketing 4 late 1967 and early 1970? 5 department within the Plasticizer division? 5 A. Well, there were probably three parts to it. 6 A. I don't think so. I think he, he had a certain 6 First, you were the coordinating point within the division 7 section of it. But what that section is now, I'm not so 7 for everything that applied to that for the group of 8 sure. I think it might have been what they called vinyl 8 products that I was assigned. And you were the primarily 9 Plasticizers more used with PVC because that was the 9 contact point for field sales. Sometimes customers if 10 biggest use of their products. 10 they called in and they weren't, you know, the switchboard 11 Q. Do you remember who was in charge of the 11 wasn't sure where to put them, they probably come to me 12 Plasticizer division marketing department at the time? 12 for that group of products. 13 A. There was a product manager called Walter 13 And then I was the liaison, if you will, with 14 Waychoff, W-A-Y-C-H-O-F-F. 14 the other functions, manufacturing, research, technical 15 Q. And Mr. Waychoff would have been superior to Jim 15 service, commercial development, whatever, and my job 16 Bagnell? 16 would have been to, if I needed support or help or action 17 A. I think so. But, again, my memory is very fuzzy 17 taken by these other functions, I would have been the one, 18 now. 18 or the person that reported to me would have been the ones 19 Q. I understand. Okay. And in the end of 1967, 19 to initiate that and collect it and feed it back out to 20 what position did you assume? 20 the field sales. So it was one aspect. 21 A. I then was made market manager for what 21 The second would have been to be responsible for 22 Plasticizers were used in primarily, in resins other than 22 putting together the budgets and, you know, performance 23 PVC. And they were the more specialty type of Plasticizer 23 against the budget-making recommendations on pricing, 24 or modifiers for plastics because the Plasticizer was sort 24 handling sales forecasts, getting production lined up and 25 of an umbrella term. But not everything that actual 25 so on and so forth. Page 14 Page 16 1 Plasticizers softened are resins. 1 And, thirdly, to also give direction to the 2 Q. And how long did you remain in that position? 2 field sales force in how to carry through on meeting our 3 A. Let me see, '68, '69, sometime, sometime in 3 budget or carrying out our sales plan, and also giving 4 early '70. I then went into the international division 4 them sort of technical support, sort of a technical 5 and was made a market manager for Latin America for 5 commercial support, if you will, to assist them in doing 6 essentially all of Monsanto's organic chemicals because it 6 their job. 7 was kind of an organic chemical group of which 7 Q. Okay. Anything other than those three parts 8 Plasticizers was one division. And maybe I'm using the 8 that was within your responsibility as market manager? 9 wrong terminology for divisions, but that's, I hope I've 9 A. I think that kind of would encompass, you know, 10 given you the idea. 10 pretty much everything. Obviously, I can't, you know, 11 Q. Yes, you have. Okay. Now in that period of 11 it's hard now to remember exactly, but, that, I hope will 12 late 1967 to early 1970, did your work include 12 give you a pretty good overview of what it was. 13 responsibility for the Aroclor Plasticizer products? 13 Q. Now, you mentioned that one of your functions 14 A. Yes. Yes, I had responsibility on a business 14 was to serve as sort of liaison to some of the other 15 basis for all of the Aroclors for whatever applications. 15 areas. You mentioned manufacturing, the technical j 16 Q. And that included the PCB-containing Aroclors as 16 service, the commercial development. Specifically, with 17 well as non-PCB containing ones? 17 regard to the Aroclor pcb products, who did you deal with 18 A. Are you talking about terphenyls, 18 on the manufacturing issues? 19 polychlorinated terphenyls. 19 A. Well, it would have been, first, it would have 20 Q. Yes. 20 been what we called product planning people, people that 21 A. Because Aroclor was also a chlorinated line of 21 were taking sales forecasts and working out with the 22 products. And so they had PCBs and polychlorinated 22 plant, you know, when they needed to make certain 23 terphenyls. 23 products, how much to be made and so on. 24 Q. Right. And did you have responsibility for both 24 Then, there would have been cases where we would 25 those lines of products? 25 have gone to maybe the analytical department of the plant, Page 13 - Page 16 TOWOLDMONOQ51849 GUMMING PATONCondenselt! TMJUNE 25,1998 Page 17 1 the quality control department, if you will, of the plant 1 Page 19 Q. Do you remember any specific instances during 2 if there was some question about, you know, what material 2 your tenure as market manager where you were called upon 3 a customer is saying wasn't in spec or had some query 3 to explore a new application for a PCB Aroclor product? 4 about the product. There might have been cases when you 4 A. A new application for PCB Aroclor product. 5 got in touch with some of the engineers or production 5 There might have been some, I can't think of specifics 6 supervisors to discuss, you know, things that happened. 6 now. 7 For example, a shipment didn't get shipped in time and 7 Q. Okay. Do you remember any specific instances 8 normally it would have been, order processing people would 8 where any issue was brought to your attention for the use 9 have taken care of that, but sometimes, if it was a 9 of Aroclors on ceiling tiles? 10 particularly irate customer, I would have had to get 10 MR. DIMURO: Object to the form. You can answer 11 involved just to try to mediate or find out what had 11 it, Dr. Paton. 12 really happened and give an explanation that was 12 A. I don't recall that particular - 13 satisfactory. 13 Q. (By Mr. Turet) Are you aware from your 14 Q. And how about with regard to the technical 14 experiences as a market manager with Monsanto of any 15 services, technical service department, who did you deal 15 instance where any customer used PCB-containing Aroclor 16 with specifically on Aroclor issues? 16 products on ceiling tiles? 17 A. The people that I probably would have dealt with 17 MR. DIMURO: Object to the form. Again, you can 18 would have been Joe Darby. Individuals, I'm not sure if 18 answer it, Dr. Paton. 19 they had Aroclor responsibility, but the type of people, 19 A. I can't think, no, it's not, that certainly is 20 like there was some person called Morgan as I recall, A1 20 not an application that springs to mind when I think of 21 Morgan maybe. Bill Koch or Norm Touchette, Jim Keresears, 21 PCBs, so I can't recall any specifics in that. 22 but I can't, I know they were there and I knew them and 22 Q. (By Mr. Turet) Are surface coatings generally 23 dealt with them at various times. How much of their work 23 an application that springs to mind as having included 24 was analytical and things, I can't at this late stage 24 Aroclor PCB products? 25 recall. 25 A. Surface coatings I think were used in silos. Page 18 Page 20 1 Q. By referring to technical service, did this 1 They were used in marine coatings. And these phthalates 2 include the people in the research department who handled 2 as best I recall had been the producers of the resins 3 applications research? 3 which are obviously the backbone. The products that 4 A. It would have been from, it would have been 4 Monsanto was selling were additives to modify as opposed 5 again, it was Martin Ferrar that was director of 5 to the products used. 6 research. And I think he would have had several 6 Q. Going back into the late 1960's time frame, 7 responsibilities. New product development as well as the, 7 between 1967 and 1970, who was the, if you were to 8 you know, the application, technical support for existing 8 identify one leading manufacturer of resins for surface 9 products -- I'm sorry, I've forgotten what the rest of 9 coatings, who would that have been? 10 your question was. 10 A. I think the name Hercules is one that comes to 11 Q. I think you answered it. I was asking where 11 mind. I think they made a chlorinated rubber. Possibly 12 specifically, where applications researchers fit in, were 12 DuPont, those are two names that come to mind. 13 they included under this technical service umbrella that 13 Q. Now in the surface coatings area, do you recall 14 you described. 14 instances where customers were using PCB containing 15 A. I think maybe application, technical service, 15 Aroclor products in paint during this 1967 to '70 time 16 you know, runs very closely together, you know. 16 period? 17 Q. And other than Martin Ferrar and the individuals 17 A. When you say paint, you're thinking of what, 18 that you named previously, from Joe Darby on, were there 18 what kind of paint are you thinking about? 19 other applications researchers that worked with PCBs that 19 Q. Interior or exterior paints. 20 you can recall? 20 A. Other than sort of industrial coatings like I've 21 A. There were other people. Some of them I can't 21 indicated, I can't recall any use in interior decorative 22 recall, really recall their names. And again, at this 22 type paint or exterior decorative type paint. 23 stage, I can't really, I don't think of them in terms of 23 Q. Now when in the category of putting together 24 being associated with specific products. And that could 24 budget forecast recommendations on pricing and so forth, 25 have varied over time as well. 25 can you, how often were you called upon to do so with Page 17 - Page 20 TOWOLDMONOQ51850 GUMMING PATONCondense!!!1*JUNE 25, 1998 Page 21 Page 23 1 regard to the Aroclor products in particular? 1 management. And at some point late in the year, we would 2 A. You would have done a budget once a year. 2 have said that it's locked in. And if you like it, that's 3 Q. What did you use as source material in 3 what your target is for the year. 4 developing a budget for Aroclors? 4 Q. I've been focusing on budgets which I assume is 5 A. You would have received input from field sales 5 sort of the expenditure side of the equation? 6 officers. The sales managers would have come forward with 6 A. Well, budget, you start, you have to have, you 7 their feelings as to what a budget should be for the sales 7 have a revenue size which is volume of product times the 8 counts, and salesmen in their regions, salespersons in 8 price equals a certain amount of dollar revenues. Then it 9 their regions. That would have been one of the starting 9 went further because you've got to get the cost of goods, 10 points. 10 the manufacturing cost of goods, you have to get the 11 Q. And did you essentially prepare a budget in 68 11 sales, administrative, and technical expense that's going 12 and 1969 and 1970 as a market manager? 12 to be associated with producing and supporting and selling 13 A. I probably would have inherited the one for 68 13 these products. And then you get down to where the profit 14 because you usually started that process sometime in the 14 is and the level of net income you were hoping to 15 latter part of the previous year obviously. But I would 15 achieve. And obviously, that depended on input from all 16 have been responsible for the one for '69. And I would 16 these other functions. 17 have probably been responsible for the one in 1970. 17 And part of my job was to get that, look at it, 18 Q. Now was there a separate budget set out for, 18 see how consistent it was, discuss it with them and the 19 let's say, the Aroclor line of products and other 19 accounting department or people that would have actually, 20 individual lines of Plasticizer products as well? 20 you know, gone and cranked out the numbers and took their 21 A. Yes. You would have had, you would have done 21 attacks or whatever things there were to do. And that 22 each group of products separately. And then for the 22 basically listed what I had to follow and look at during 23 division, it would have been all totaled up. 23 the rest of the year. And there were monthly reports and 24 Q. And during your tenure between 1967 and 1970 was 24 quarterly revisions if necessary, if things were either 25 there, who participated with you in preparing the final 25 ahead or below where we thought they might be. Page 22 Page 24 1 budget for the Aroclor products? 1 Q. And just to clarify, before it's on the revenues 2 A. I had a man who worked for me, Ken Wells, as an 2 issue, you would obtain input from the various regional 3 assistant, but I can't recall now how he and I, you know, 3 sales managers? 4 divided up responsibilities. I'm pretty certain he would 4 A. Exactly, because that was where they could, they 5 have had some products he worked on, but we might have 5 were the best source of that information. And, in turn, 6 done them jointly, I just can't remember. 6 they would work closely with customers to try to get the 7 Q. When a final budget was completed, did you pass 7 best information they could. 8 it on to your superior? 8 Q. And so during this time period, the regional 9 A. Yeah, it was that kind of recycling process. 9 sales managers would go through their customer files and 10 The salespeople would have relied on input from their 10 make a reasonable estimation of what the next year was 11 customers or certainly from their largest customers they 11 likely to produce in revenue? 12 had, so that, you know, it bore some, you know, you were 12 A. Exactly, in volume probably and price. Because, 13 hoping to try to match what the customers were going to 13 you know, if they saw any likely change in price because 14 do. So that was one point of which would have been a 14 of competitive activity or whatnot, they would draw my 15 field sales situation. Then I would have taken a look at 15 attention to that and we would multiply that out to get a 16 it, seen how we were doing, maybe it was for the whole 16 sales number. 17 national picture and exports and so on, and put my 17 Q. So at the end of your process, there's a final 18 judgment and so on into it and went back and discussed 18 budget for the next year? 19 that with the sales managers. If I was saying less or 19 A. Uh-huh. 20 more than they had put in, we tried to reach some sort of 20 Q. And you indicated there's a monthly printout 21 an agreement. 21 that you would receive of some sort? 22 And then it would have then gone to, the next 22 A. Probably, yeah, at some point. I think at some 23 step would have been for me to sit down with Walter 23 point in that period, that's when computer runs became, 24 Waychoff as product manager and there would have reviews 24 you know, the norm. Far cry from the compact little 25 with directors of sales, directors of marketing and other 25 machine we've got here. And then you would have followed Page 21 - Page 24 TOWOLDMONOQ51851 CUMMING PATONCondenseltlTMJUNE 25, 1998 Page 25 Page 27 1 through and, you know, to see how you were doing. 1 sure if they were kept anywhere else in the company or 2 Q. And as you recall, you would get a monthly 2 not. I really don't know, or I can't recall. 3 printout. If the revenues were falling short of your 3 Q. And was there some procedure back at that time 4 projections, did you follow up with regional sales 4 for discarding paper? At some point was there a record 5 managers to find out why? 5 retention program of some sort? 6 A. If they were falling short, if it was 6 A. At one time, well, record retention is a phrase 7 significantly short, you would try to find out why, yes. 7 and something that I've knew about when it was initiated 8 You would expect that, actually, in addition to the 8 and what the details were now, you know, I'd be, I'm so 9 reports that were generated, salespersons would be 9 fuzzy. Anything that I said would be probably wrong to be 10 generating call reports as they visited customers, so that 10 used as - 11 you hopefully would be getting some indications of how 11 Q. Do you remember generally whether it was a 12 things were going without having to wait and, you know, 12 formal program or not? Do you remember, was there a basis 13 see all the detail, the financial detail in a financial 13 on which you got rid of the old paper and started fresh? 14 report. 14 MR. DiMURO: Object to the form. You can 15 Q. And those call reports were ones that actually 15 answer. 16 the salespeople filled out? 16 A. I know, you know, I can't recall now in what 17 A. Yes. 17 time frames we did, you know, certain things or how we 18 Q. And that would record if there was a significant 18 operated at certain times. And I'm not try trying to 19 change that they learned from the customer, they were 19 dodge the thing, I just can't remember. 20 either buying significantly more or significantly less 20 Q. (By Mr. Turet) I understand. Now you mentioned 21 than was expected? 21 in addition to monthly reports that you would get on 22 A. Or it was being deferred or seasonality that we 22 revenue activity and how it compared with your 23 had picked up on earlier or whatnot. 23 projections. Were there also quarterly reports? 24 Q. Now did you actually receive copies of call 24 A. Yeah, I think there might have been because 25 reports or was that something that was limited to the 25 sometimes you would quarter the reviews. It was a logical Page 26 Page 28 1 regional level? 1 time to do the review and I think you might have done what 2 A. No, the, as I recall at that time, the call 2 they called sales forecasts and, obviously, you could say 3 report was usually addressed to market managers with 3 manufacturing is on schedule, just stay with the budget, 4 copies to persons, sales managers who would have been his 4 or, no, we're going to sell more or less. 5 supervisor and sometimes to other people depending on what 5 And that information was vital for the 6 the issue was. And then my role as a market manager would 6 production planning people to do and also our plans 7 have been to write each one. There would be an internal 7 because obviously they had, they had to produce as 8 circulation within the Plasticizer, you know, marketing 8 efficiently as they could. So that information was 9 group showing it to Walt Waychoff. If I thought that it 9 important for them to have. 10 was something he should be aware of, I would indicate what 10 Q. Now, the last of the three job responsibilities 11 action I thought would be right or the assistant I had 11 that you described was giving direction to the field sales 12 would send it to him and ask him to follow up. And it 12 force. I believe you mentioned how to carry out your 13 would get disseminated to whoever really could, you know, 13 sales plans and to give technical support generally as 14 be meaningful. And you tried to kind of gauge that with 14 needed. 15 not overloading everybody with paper. 15 A. Uh-huh. 16 Q. As market manager, did you keep a central file 16 Q. Can you tell me, break it down even further as 17 of call reports, was that part of your - 17 to the specific types of tasks you were involved in with 18 A. Well, there have been customer files, there have 18 the salespeople? 19 been procedures for files to leave my desk and would have 19 A. It could cover a wide range. It would depend to 20 been filed wherever they were appropriate. 20 some extent of what the experience of the salesperson was, 21 Q. And were customer files maintained as part of 21 what the technical expertise of that salesperson was, 22 your office or were they somewhere else in St. Louis 22 obviously someone that was, had been selling Plasticizers 23 during the '67 to '70 time frame? 23 for a number of years and had a fairly strong technical 24 A. We would have had copies in our files in the 24 understanding of, maybe having come from manufacturing or 25 Plasticizer product management area, if you will. I'm not 25 research somewhere, needed less technical guidance than Page 25 - Page 28 TOWOLDMONOQ51852 CUMMING PATONCondenselt!TMJUNE 25, 1998 Page 29 Page 31 1 someone that maybe was recently out of college and had no 1 formulations to give job properties. They would have met 2 technical background. So it could vary enormously. 2 with the quality control people, they would have toured 3 Q. What kind of technical guidance did you offer to 3 the plants, you know, to become more familiar with the 4 the somebody who did have that technical background? 4 products and the functions that were there to support 5 A. Well, I would, there were times when he might 5 them. 6 have, if it was sales meetings, we might have sort of what 6 Q. Was that the program that Joe Darby oversaw? 7 I would call a training seminar where I might have for a 7 A. I think so. I think, if I'm not mistaken, and I 8 couple of hours or something, tried to give them an 8 think it was several weeks. I think they went through it 9 overview of what the products were mostly used for, what 9 for six weeks or so along with some colleagues that were 10 some of their properties were, and tried to explain what 10 in sales. And I think we called it Darby College. Maybe 11 that property meant in terms of how it might be used. 11 we called it something less polite at times, but I think 12 But it was, it was obviously of necessity 12 that was one of the names that seems to stick in my 13 generally because the, the use and the amounts and the 13 memory. 14 type of additives that were put into plastics and 14 Q. And this was focused on the Plasticizer 15 formulations really originated with the customer, and they 15 division's products specifically? 16 many times did not, you know, share that information with 16 A. Yes, exactly. 17 us. Quite often, we weren't a hundred percent sure what 17 Q. And that included the Aroclor PCB products? 18 they were using it for. For competitive and confidential 18 A. Yes. 19 reasons, they didn't tell us. So you would have to sort 19 Q. In addition to the training that was provided 20 of give fairly general information. 20 initially to these people, was there any kind of on-going 21 Q. Did you use the Plasticizer Blue Book as a 21 training provided to salespeople? 22 source of information for training for these people? 22 A. Well, you know, I think I already described some 23 A. I'm sure I did. 23 of it. And then the information bulletins that come out, 24 Q. How about Technical Bulletins? 24 some of that would have had material that they could have 25 A. They would have been used too. 25 used for becoming more knowledgeable. I talked about Page 30 Page 32 1 Q. Any other kinds of written materials that you 1 giving seminars and sales meetings. Also, the technical 2 used for training of salespeople? 2 service people in the lab, you know, went to visit 3 A. I think there was a system of where market 3 customers with sales and met with technical people and 4 managers or product specialists, product managers would 4 customers. 5 have put together maybe a one or two-page whatever kind of 5 Market managers, product specialists would make 6 information bulletin and this could have covered 6 calls with salespeople and, you know, in those days, you 7 anything. It could have covered what might have been seen 7 would have gone out for a week with a particular 8 as an opportunity. But if some company had announced they 8 salesman. He would have requested that, said, look I 9 were going to be entering a certain market and therefore 9 would like for you to come and be in my territory for a 10 based on our experience of what other people had been 10 week and here's the people I would look like for you to 11 doing, this might be an opportunity for you to go and 11 meet. And here it is, the sort of issues that may come 12 explore where your products could be used, might have had 12 up. And we drove in those days. We flew to Point A and 13 to do product shortages, raw material shortages so just 13 you would get in the car and drive for hours at a time all 14 sort of an information bulletin. But you tend to do it on 14 over, wherever it was. 15 the ones that would be a pretty general information and to 15 And that gave you, I think the salesmen 16 some degree of importance, otherwise you just deal on 16 appreciated that and certainly I did because it was an 17 specifics with the individual concerned on the phone. 17 opportunity for us to talk one on one on what their 18 Q. Was there anything else that you can remember 18 particular needs were, what he felt that I was doing 19 was part of the training that was provided to people with 19 badly, you know, I perhaps wasn't listening to his bright 20 relatively little background technically? 20 ideas and I would be a listening post or whatever the case 21 A. The salespeople, all the salespeople as I 21 may be. So that was an informal way, but a very effective 22 recall, certainly, when I joined and for as long as I was 22 way. 23 in Plasticizers, spent several weeks in our technical 23 Q. So that's the type of work you did between late 24 service application labs being shown some of the basics of 24 '66 and late '67 albeit not with the Aroclor products? 25 how Monsanto tested its products and kind of basic 25 A. Yes. And then I continued some of that in the Page 29 - Page 32 TOWOLDMONOQ51853 CUMMING PATON Condensclt! TM JUNE 25, 1998 Page 33 Page 35 1 other products even in '68 and '69. Obviously, not quite 1 down and said, here's the budget, you know, how are we 2 as much because I had many other things that kept me tied 2 going to achieve this blah, blah, blah, blah. 3 in St. Louis. 3 Q. Okay. Just to clarify, there were, there was a 4 Q. But you did occasionally join the salespeople? 4 meeting one time a year within each region? 5 A. Yes. 5 A. I think approximately. 6 Q. And go out and meet with customers? 6 Q. Approximately, that would includethe regional 7 A. Oh, yes. Yes. It also gave me an opportunity 7 sales manager and all the sales force within that area? 8 to get a finger on the pulse in the marketplace. 8 A. Yes. 9 Q. Now you mentioned a couple of times the sales 9 Q. There was a meeting that included all the 10 meetings. How frequently were sales meetings held, again 10 regional salespeople and all the field salespeople once a 11 during the '67 to '70 time frame? 11 year? 12 A. Well, each sales region probably tried to have 12 A. Yes. Now whether that was once a year or maybe 13 one once a year. And we probably tried to have one for, 13 deferred because sometimes if people, you know, if we were 14 you know, bringing regional salespeople together once a 14 having, if sales weren't too good and budgets aren't being 15 year. So you know, but, again, it might have overlapped, 15 met, you try to save money and that's one way it might 16 but in general, that was the target. 16 have been accomplished. It might have been every 15 or 18 17 Q. And were the meetings that included all of the 17 months. 18 regional sales managers held in St. Louis typically? 18 Q. So year, year and a half. And then there was 19 A. I don't think so. I think we generally tended 19 the meeting annually that would just have the regional 20 to get away from St. Louis because otherwise there were 20 sales managers? 21 too many distractions. I mean, it was hard to break away 21 A. There certainly would have been times when the 22 whereas you wanted to get their undivided attention. They 22 sales managers would have been brought together maybe more 23 wanted your undivided attention. And that was best 23 than once a year. But I can't recall now. 24 accomplished being away from St. Louis. 24 Q. Now, did you, as part of the meetings that would 25 Q. Did you typically participate in each of the 25 take place with all the salespeople and all the regional Page 34 Page 36 1 regional sales annual meetings? 1 managers, did you as part of the program deliver any kind 2 A. It depended. I think usually I did, but it 2 of an address to everybody? 3 depended, you know, what, how much time they had and what 3 A. I'd have probably had time on the program. 4 they considered the most important needs at that 4 Sometimes they would have, whoever was putting the program 5 particular time. 5 together would have given me a topic that they wanted to 6 Q. And I was talking about specifically the 6 cover, something that they wanted to clarify. Other 7 meetings that occurred within each region as opposed to 7 times, I'd have been given a general idea of what the 8 the national meeting. 8 sales conference was about and I would have, then it would 9 A. Well the odds are I would have gone, or the 9 have been up to me to kind of decide what I thought might 10 person who reported to me would have probably tried to 10 be the most useful thing to tell them and so on and so 11 have a presence at each. And but I was, since I was only 11 forth. 12 there two years, I think the odds are I did attend all of 12 Q. And would the sales manager for the Plasticizer 13 them. 13 division also address the crowd? 14 Q. Who was the person reporting to you? 14 A. The sales director? 15 A. The person's name was Ken Wells. 15 Q. Yeah. 16 Q. That's the Ken Wells you referred to before? 16 A. Yes, almost certainly I think. 17 A. Yeah. 17 Q. Was that Walter Schalk back in the late '60's? 18 Q. And how about the national meeting of all of the 18 A. Yes. I think, yeah, Schalk was involved. 19 sales managers, did you typically attend that as well? 19 Again, I can't remember the date, but certainly Wally 20 A. Well, we had ones where all the salespeople 20 Schalk was around then. I was there and at one point, he 21 would have been there and there were times when just the 21 was the sales director I think. 22 managers would have been involved. Now that would have 22 Q. Did the business director or business manager of 23 typically been at the time we were putting the budget to 23 the Plasticizer division also typically address the crowd? 24 bed. We were pretty much at the, almost the final stage 24 A. There might have been a dinner or, yes, I 25 of getting the budget approved. And we would have sat 25 think. I don't know if he would have stayed for the whole Page 33 - Page 36 TOWOLDMONOQ51854 CUMMING PATONCondcnscltlTMJUNE 25, 1998 Page 37 Page 39 1 thing or just come in for part of it, but he would have 1 A. Yes. 2 been in, you know, he would have been aware of it, been 2 Q. Do you remember when in 1970, any specific time 3 invited and it would have depended on his schedule and so 3 reference? 4 on and so forth, so I can't recall. 4 A. It would have been somewhere I think around the, 5 Q. Do you remember him being part of the program 5 you know, sometime in the first quarter I think. 6 where he actually addressed the salespeople? 6 Q. And where were you based during that time 7 A. I can't recall any, you know, I can't recall 7 period? 8 specifics of anything now. I'm just saying this was a 8 A. I was based in St. Louis but traveled 9 general area and that he would have been there or been 9 extensively throughout Latin America. 10 aware of it. 10 Q. Did the Plasticizer division have a significant 11 Q. Just by, you know, by general description, were 11 sales volume in Latin America? 12 there any other management types that regularly attended 12 MR. DIMURO: Object to the form. You can 13 these national meetings of the sales force? 13 answer. 14 A. Possibly. People like Joe Darby might have 14 A. I can't remember now. 15 been, might have come to some. It's hard to say, you 15 Q. (By Mr. Turet) And how long did you remain in 16 know. I think occasionally we would have had from some 16 the, in the position? Was there a formal title to it? 17 other functions, but it's difficult for me to pin 17 A. I think it was, I think it was market manager of 18 specifics down now. 18 Latin America, I believe, but I couldn't swear to it now. 19 Q. Now, would the national meetings of the 19 Q. And how long did you remain market manager of 20 salespeople sort of review issues that -- let me withdraw 20 Latin America? 21 that question. 21 A. I'm going to say end of '71, nearly '72. I'm a 22 Would these national meetings of the salespeople 22 bit fuzzy now on the time scale. 23 include discussions of products that were, you know, that 23 Q. What position did you assume next? 24 there were hopes for increased sales or products that were 24 A. I was then promoted to be a product manager. 25 being discontinued? 25 Q. And that was beginning, at the end of '71 or Page 38 Page 40 1 MR. DIMURO: I'll object to the form. 1 beginning of '72 somewhere? 2 A. What do have you in mind? 2 A. Somewhere in that time frame. 3 Q. (By Mr. Turet) I'm asking generally first. 3 Q. And how long did you remain a product manager? 4 We'll certainly talk about the Aroclor products later. 4 A. I'm guessing. Let me think, I got other 5 I'm trying to get a feel for what types of items were on 5 products added on and then I think my title changed to be 6 the program. 6 a manager of markets and products which involved a broader 7 A. Well, it's hard for me now to remember exactly, 7 scope of products. And I think I had project managers 8 you know, what a typical agenda would have been, but, and 8 reporting to me then. And that's sometime not maybe until 9 the agenda in most cases would have originated with the 9 '77, '78. 10 field sales force although the director of marketing might 10 Q. Okay. Do you remember how much of that time was 11 have said, well, here's things that I want, you know, on 11 as product manager as distinguished from your broader job 12 the agenda and might have come and asked that of Walt 12 responsibilities? 13 Waychoff for example what he thought and, in turn, might 13 A. I would say maybe three years as product 14 have come to me. So that would vary from year to year 14 manager, maybe, and then the rest as the manager of 15 really. 15 markets and products. Without having my personal file in 16 Q. Was there any meeting minutes or summaries put 16 front of me, I wouldn't know. I can't remember now exact 17 together in the aftermath of the meetings? 17 dates. 18 A. I don't think we had formal minutes. There 18 Q. Okay. And that was, you said until, you were 19 would be, you know, actions that individuals would say 20 they would do and they would be expected to follow up on 19 manager of markets and products until approximately 1977, 20 1978? j 21 and so on. 21 A. Yeah. It might have been '77 because then I at ; 22 Q. All right. Let me jump way, way back. You 22 some point about then, and I was not in the Plasticizer ! 23 started to say before that you were market manager for 23 division when I came back from Latin America, I was in | 24 Latin America and all of the organic chemical division 24 what they call, initially in what they call fluids. And I 25 starting in early '70? 25 think initially it was heat transfer fluids and maybe , Page 37 - Page 40 TOWOLDMONOQ51855 CUMMING PATON Condense]!:! TM JUNE 25, 1998 Page 41 Page 43 1 dielectrics as well. And then I took on hydraulic fluids 1 the Aroclor PCB products were actually withdrawn from the 2 so this was in a fairly short space of time I think I had 2 market for open applications? 3 responsibility for all of our what we call functional 3 A. Yes. 4 fluids. 4 Q. And were you in Latin America when the Aroclor 5 And then later, maybe after about three years 5 PCB products were withdrawn from the market as hydraulic 6 then I think I started to take on responsibility for other 6 fluids? 7 Monsanto products. And I think then we called it, the 7 A. Possibly. Possibly. I think I probably was. 8 group, functional products or specialty products or 8 Or if I wasn't, I don't think I had responsibility for the 9 something. And so fluids would have been part of it and 9 hydraulic fluids. 10 somebody would have reported to me from fluids I think. 10 Q. Were you a product manager when the announcement 11 Q. So when you refer to the heat transfer fluids, 11 was made that the Therminol PCB-containing products were 12 dielectrics and hydraulic fluids, that was all in your 12 going to be withdrawn from the market? 13 tenure as product manager? 13 A. Yes. 14 A. Yes. 14 Q. Were you also in that position when they were 15 Q. And then you got even more when you became 15 actually withdrawn from the market? 16 manager of markets and products? 16 A. Yes. 17 A. Yes, exactly. 17 Q. And your responsibilities in that position 18 Q. Okay. Now, is this the same product manager 18 included interacting with customers as part of that 19 position that Mr. Waychoff would have had? 19 process? 20 A. It could have been. Well, I would have 20 A. Yes. 21 performed probably, the job description would have been 21 MR. DIMURO: Object to the form. But you can 22 somewhat similar to what he had, the general things you 22 answer. 23 were to work on. And so the supervisor would have been 23 A. I would have had some interaction with 24 doing similar to what Walt Waychoff had in Plasticizer 24 customers, yes. 25 except I had them in another group of products. 25 Q. (By Mr. Turet) Were you in the manager of Page 42 Page 44 1 Q. And to whom did you report in your capacity as 1 markets and products position when the last of the 2 product manager? 2 PCB-containing products were withdrawn from the market 3 A. I reported to a Tom Gossage, G-O-S-S-A-G-E. 3 domestically by Monsanto? 4 Q. And do you remember what his title was? 4 A. I can't be a hundred percent sure. I might have 5 A. He was director of marketing. 5 been or by then, I might have moved on to another 6 Q. And did he remain your supervisor when you 6 position. But this is where my memory is fuzzy. 7 became manager of markets and products? 7 Q. Just to finish out your career, what position 8 A. I think initially, but then he became a general 8 did you assume after manager of markets and products? 9 manager or an assistant general manager or general manager 9 A. Sometime either probably in '77 or '78 I became 10 and then I had some other people that I reported to. 10 commercial development manager, commercial development 11 Q. And what were your job responsibilities as 11 director, I can't remember the exact title for the 12 product manager? 12 Plasticizer division. 13 A. They would have encompassed, you know, somewhat 13 Q. And by then, is it fair to say, there were no 14 more authority in making decisions. I would have had more 14 PCB or polychlorinated terphenyl products available 15 people reporting to me. Therefore, also the things that I 15 through the Plasticizer division? 16 described as a market manager would have still been within 16 A. That's correct. 17 my responsibility. I'd have delegated or assigned to 17 Q. How long did you remain commercial development 18 other people some of the functions. I would have been 18 director for the Plasticizer division? 19 involved more on the business side, commercial side, and 19 A. Until very early 1979. 20 supervised people who would have taken care more of the 20 Q. What position did you assume then? 21 technical service or the day-to-day liaison with sales and 21 A. I was then assigned to Brazil as the commercial 22 the day-to-day routine liaison with other functions. And 22 director for Monsanto's Brazil organic chemical products, 23 they would have reported to me what was going on and 23 maybe some other products, I can't remember. And that 24 sought my advice and help if they needed it. 24 involved products that were actually manufactured by 25 Q. Now, were you, were you in Latin America when 25 Monsanto in Brazil as well as products that were imported Page 41 - Page 44 TOWOLDMONOQ51856 CUMM1NG PATQNCondenselt! TMJUNE 25,1998 Page 45 Page 47 1 but manufactured outside Brazil. 1 the way back now to the time when you rejoined Monsanto in 2 Q. And how long did you serve in that position? 2 the 1966 time frame, and I believe you said that you were 3 A. I was six years in Brazil. And I think I was 3 a products specialist between late '66 and '67? 4 probably commercial director for three years. And then I 4 A. Right. 5 was made director of development because sometime in I 5 Q. During that time period, did you ever hear about 6 think '81, well maybe '82, there was a big push by 6 a study done in Sweden that had identified PCBs in the 7 Monsanto to increase its investment internationally. And 7 environment there? 8 Brazil was selected as one of the key countries in which 8 A. No. 9 we wanted to increase our investment. And I was asked to 9 Q. Do you remember any meetings or discussions 10 remain in Brazil to spearhead the effort to get more 10 within Monsanto on that topic during your tenure as a 11 investment there. 11 products specialist? 12 Q. And where did you go in 1985? 12 A. No. 13 A. 1985,1 came back to St. Louis and was then made 13 MR. DIMURO: I'll object. 14 the director for administration and development for 14 Q. (By Mr. Turet) Market manager Plasticizers was 15 Monsanto's total international operations reporting to the 15 your next position; is that right? 16 managing director of Monsanto International. 16 A. Yes. 17 Q. And you remained in that position how long? 17 Q. And you began in that position at the end of 18 A. Until sometime in 1987. 18 1967? 19 Q. Okay. And what position did you assume at that 19 A. I think thebeginning of '68. 20 point? 20 Q. Well, beginningof '68, okay. In your capacity 21 A. Then I went to Korea as the joint executive 21 as market manager in that time frame, did you have 22 director of a new joint venture that Monsanto had started 22 occasion to hear about the identification of the Aroclor 23 up with a Korean company. 23 PCB products, specifically, in the environment? 24 Q. And how long did you remain in Korea? 24 MR. DIMURO: Objection to form. You can answer 25 A. Until the end of 1990. 25 it. Page 46 1 Q. And did you come back to the States at that 2 point? 3 A. I came back to the States then. And then I was 4 the appointed director of development for Asia. Page 48 1 A. I didn't, I don't think I recall about absolute 2 identification. I think I heard about, you know, possible 3 identification. 4 Q. (By Mr. Turet) When did you first hear about 5 Q. And how long did you remain in that position? 6 A. Well, I then chose to take a package that was 7 offered for retirement at the end of 1991. My plans had 8 been to retire in 1994, but there was a lot of 9 restructuring going on. And the financial package was 10 such that it didn't make a lot of sense for me to continue 11 to work. So I decided to retire. 12 Q. And what have you done since 1991? 13 A. I formed my own consulting company and now I'm 14 in the process of winding that down. 15 Q. What types of consulting did you do? 16 A. It was in the, primarily in the international 17 area. And my clients I think were, I think all of them I 18 believe were in the chemical industry. 19 Q. Did it, did it also involve any work as a 20 consultant in the Plasticizer area specifically? 21 A. No. I think that's correct. I don't think so, 22 no. 23 MR. TURET: Can we take a very quick break? 24 (A short break was taken.) 25 Q. (By Mr. Turet) Okay. Mr. Paton, jumping all 5 possible identification to the best of your recollection? 6 A. It would have been sometime I think in the 7 early, middle part of 1968 as I recall. 8 Q. And what was it that you initially heard? 9 A. I seem to recall some sort of an article from a 10 magazine, if I'm not mistaken, that crossed my desk or was 11 sent to me by somebody, and I can't recall who would have 12 sent it to me, that described some work done by two 13 Swedish researchers known as Jensen and Widmark. And 14 these names I recall now because I've given several 15 depositions and I've been asked that question before, so 16 it's refreshed my memory. 17 Q. Okay. And do you remember this issue of the 18 Jensen and Widmark work coming up in meetings or 19 discussions that you held within Monsanto in early or mid 20 '68? 21 A. My earliest recollection is seeing this article 22 and passing it on to Emmet Kelly who was head of our 23 industrial hygiene, you know. He had responsibility for 24 that sort of thing. 25 Q. And did Dr. Kelly contact you to follow up on Page 45 - Page 48 TOWOLDMONOQ51857 CUMM1NG PATONCondcnsclt! TM_______________ JUNE 25, 1998 Page 49 Page 51 1 that article in any way? 1 A. I remember meetings. I'm not sure of the 2 A. Yes. As I recall, he called me back, and I'm 2 specifics now whether they would have all been together at 3 not sure if he was already aware of that work or not. I 3 one time or the various people, but certainly, I would 4 can't recall. 4 have met and talked with them from time to time as they 5 Q. Okay. Did you take on any specific 5 were investigating the issue. 6 responsibilities that related to the issue of PCBs in the 6 Q. Let me show you a document that has been marked 7 environment starting in early to mid '68? 7 previously as Keller 5 which is Bates No. MAE 053518, it's 8 A. Did I take on any specific responsibilities 8 a July 31 - 9 related to PCBs in the environment? 9 MR. O'CONNOR: Could you read that Bates again? 10 Q. Yes. 10 MR. TURET: MAE 053518. July 31, 1968 memo. 11 A. I don't think so. 11 MR. DAVIDSON: Read that number again, please. 12 Q. Okay. Were you, so you were not assigned any 12 MR. TURET: It's 053518. 13 kind of investigatory responsibilities with regard to the 13 MR. DAVIDSON: 18? 14 PCBs in the environment? 14 MR. TURET: Yes. 15 MR. DIMURO: Objection to form. You can 15 Q. (By Mr. Turet) Mr. Paton, have you seen this 16 answer. 16 document before? 17 A. I would not have been the one doing 17 A. I think I have. Yes, in fact, I have. 18 investigations. And I would have been interested in it, 18 Q. And is that the memo which you've forwarded on 19 in knowing what it was all about and how accurate it was 19 that article about PCBs in the environment to Dr. Kelly? 20 and so on because I was responsible for, you know, the 20 MR. DIMURO: Object to the form. 21 commercialization, the support of the products. So I was 21 A. No, I think this must be a later article than 22 interested to know more about what this was all about. 22 the one I was referring to because I think the one I refer 23 But I relied on others who were better qualified than me 23 to specifically mentioned Jensen and Widmark and the work 24 to assess how accurate it was exactly. 24 they did. So I think this is a different one. 25 Q. (By Mr. Turet) And do you know who it was 25 Q. (By Mr. Turet) Do you know one way or the other Page 50 Page 52 1 within Monsanto who was assigned responsibility for 1 whether the article in New Scientist of 1966 was the 2 determining the accuracy of the reports of PCBs in the 2 publication of the Jensen and Widmark -- 3 environment? 3 A. I don't think so but I can't be really sure 4 MR. DIMURO: Object to the form. You can 4 without seeing it. I don't think I've ever seen it since 5 answer. 5 I passed it on. 6 A. There were several people as I recall were 6 Q. Down at the bottom, there's a sentence that 7 involved. Emmet Kelly, a man called Elmer Wheeler who 7 says, their theory on how PCB finds its way into fish and 8 worked for Emmet Kelly. I think both Martin Ferrar and a 8 later humans is an all-embracing one. What did you mean 9 man called Bill Richard who was director of research and 9 by that? 10 fluids. And then a man, there was some people in our 10 A. Now as I read it, I can't recall what I meant by 11 analytical section and research. They were involved 11 that or how much I even knew about the way it found its 12 because they were the, the more technically qualified 12 way into those things. It's so long ago I've forgotten. 13 people to deal with that. 13 Q. If I was to represent to you that the article in 14 Q. (By Mr. Turet) And the person in the analytical 14 the New Scientist was, in fact, a publication of the 15 department, was that Dr. Keller? 15 Jensen Widmark work, would that help you understand what 16 A. That name rings a bell. 16 the theory was that you were referring to? 17 Q. Now, did Dr. Kelly, Mr. Wheeler, Mr. Ferrar, 17 MR. DIMURO: I'll object to form. 18 Dr. Richard, or Dr. Keller turn to you for information 18 A. No, it wouldn't I don't think. 19 about the Aroclor PCB products in this undertaking? 19 Q. (By Mr. Turet) Now who was Rachel Carson? 20 A. They might have asked me about where our 20 A. She was I believe someone that had written a 21 products were sold, what applications I was aware of, 21 book attacking the use of pesticides I believe. 22 questions of that nature. 22 Q. I'm sorry, did you finish your answer? 23 Q. Do you remember any formal meetings with those 23 A. Yeah, that's my answer. 24 people that you've just rattled off on the issue of PCBs 24 Q. And who was Ralph Nader? Is that the consumer 25 in the environment? 25 advocate? Page 49 - Page 52 TOWOLDMONOQ51858 CUMMING PATON Condcnselt! TM JUNE 25, 1998 Page 53 Page 55 1 A. Yes. 1 A. I recall that, yes. 2 MR. DIMURO: Did you say who is or who was? 2 Q. And when was it that you first heard about the 3 MR. TURET: I though I said who is. 3 Risebrough findings? 4 Q. (By Mr. Turet) What did you mean by the quote I 4 A. I seem to recall sometime, it might have been 5 only hope Rachel Carson never subscribed to New Scientist 5 end of '68, maybe even sometime in '69 being on the West 6 and that Ralph Nader doesn't decide to? 6 Coast on business, and I can't remember the specifics of 7 A. Well the New Scientist as I recall came on the 7 why I was there, but picking up an article, a copy of the 8 scene sometime when I was still in the U.K. I saw it when 8 San Francisco Chronicle and there was an article referring 9 I was in the U.K. long before I ever, you know, thought I 9 to some studies that Dr. Risebrough had done with regard 10 would be in the States or even involved in pcbs. I 10 to finding chemicals in sea birds, as I recall, along the 11 thought their way of treating science was anything but 11 coast of California. 12 accurate. And so, therefore, it was not a magazine that I 12 And since I can't, I think they mentioned 13 felt was, it used the name Scientist, it masqueraded, in 13 polychlorinated biphenyls in that article. But at that 14 my opinion, as being scientific. 14 time, as I recall, Dr. Risebrough wasn't really sure what 15 I personally didn't think so, so I was therefore 15 he had found or whether they were causing problems or 16 a bit skeptical of anything that appeared in that 16 whatever, but I brought it back with me to St. Louis 17 publication. But certainly from what little I knew about 17 because since I had responsibility for those products, 18 Rachel Carson, because I read her book I believe, and 18 obviously, it was something that you would be interested 19 Ralph Nader which I read about, I didn't believe they were 19 in reading about. 20 particularly accurate or responsible either. And so I 20 Q. Okay. Let me show you a document, Mr. Paton, 21 thought putting these three together would just expand a 21 that was marked as Keller 7 which is an October 21, 1968 22 responsibility rather than help. That was my thought and 22 memo from Elmer Wheeler. 23 that I passed on. 23 MR. O'CONNOR: Do you have a Bates on that? 24 If I hadn't seen that, if I'd not come from the 24 MR. TURET: This is PRR 050542 through 58. 25 U.K., I probably would have never heard of the magazine 25 Q. (By Mr. Turet) Have you seen this document Page 54 Page 56 1 before but for being there, and I was giving them my 1 before today, Mr. Paton? I realize the type is pretty 2 personal opinion about it. I have no reason to believe 2 bad. 3 whether they accepted it or not, the people I wrote it to. 3 A. Yeah, and obviously, my name is misspelled, but 4 Q. With the benefit of hindsight, do you hold 4 that was not unusual because that happened a lot. So I'm 5 Rachel Carson in any higher regard? 5 not too worried about that. But obviously, I have every 6 MR. DIMURO: Objection to form. 6 reason to believe I got it around the October 21st date. 7 A. I haven't really thought about it for a long 7 I can't recall it, but I certainly wouldn't dispute that I 8 time. I will say that without pesticides in the world, 8 got it. 9 the world would be poorer than it is. God only knows 9 Q. Now, do you know what it is that's attached to 10 where the world would be if we used her advice. 10 this memo? 11 Q. (By Mr. Turet) How about Ralph Nader? 11 A. Let me look and see. It looks to be a copy of 12 MR. DIMURO: Same objection. 12 the paper that he intends or presented or intended to 13 A. I'm not a particularly great supporter of Ralph 13 present, oh, it was actually made in June; is that right? 14 Nader's. I don't think he's done much other than the tax 14 Q. That, I don't know. Essentially, the cover memo 15 exempt institute that's kept him in a failing income for 15 says that this is an a technical paper that's recently 16 many years. 16 delivered by Professor Risebrough. 17 Q. (By Mr. Turet) As you sit here today, do you 17 A. At the university in June; is that right? 18 know whether the theory that you were addressing in your 18 Q. Correct. 19 last paragraph turned out to be correct? 19 MR. DIMURO: You can't ask him questions. 20 A. I have no idea because I haven't really followed 20 Q. (By Mr. Turet) It's not my deposition but - 21 up on it. It's so long ago I've forgotten. 21 A. That's what I take it to be. 22 MR. DIMURO: Objection to form. 22 Q. And this is a, this is being asked to be held 23 Q. (By Mr. Turet) Do you remember a time while you 23 confidential. It's a prepublication, correct? 24 were in the market manager position that you learned of a 24 MR. DIMURO: Do you want to direct his attention 25 study done by Professor Risebrough done out in California? 25 to any specific paragraph? Page 53 - Page 56 TOWOLDMONOQ51859 CUMMING PATON Condcnselt! TM JUNE 25,1998 Page 57 Page 59 1 Q. (By Mr. Turet) Yeah, right in the first 1 document that's been marked as Paton 1. That's Bates Nos. 2 paragraph, that third sentence, second, third sentence. 2 mae 053222 dash 23. It's a February 14, 1969 memo. I 3 A. I see that, yes. 3 don't want to rush you. Just let me know when you're 4 Q. So this, to your knowledge is this before it was 4 finished skimming it. 5 published in the public media? 5 Okay. First of all, who is Don Roush if you 6 MR. DIMURO: Object to the form. You can answer 6 know? 7 it. 7 A. Don Roush worked for Monsanto. I don't know 8 A. I really can't, you know, I can't recall. 8 what his position was in 1969. Later he would have been 9 Q. (By Mr. Turet) Now, why were you included on 9 one of the groups in fluids when I would have worked in 10 the routing list that starts with Dr. Kelly and ends with 10 fluids say from late '71 or '72 for several years as I 11 W.K. Johnson? 11 recall. 12 A. Well, I was the market manager for products and 12 Q. Okay. There's a reference in the very first 13 that included PCBs at the time. And it would have been 13 paragraph in the sentence that begins, we've been advised 14 normal for them with something like this to at least keep 14 of the bran oil poisoning of quite a number of Japanese 15 me informed that this issue had arisen in case people 15 citizens that was attributed to PCB. 16 asked me about it. 16 MR. DIMURO: Are you going to quote it or 17 Q. Do you recall in the aftermath of hearing about 17 paraphrase it? 18 Dr. Risebrough's work whether there were meetings held 18 MR. TURET: Would you like for me to quote it? 19 within Monsanto that included you to address the issue? 19 MR. DIMURO: Well - 20 A. I can't recall specifically. There could well 20 MR. TURET: To quote it, it says, we have been 21 have been. 21 advised by our Japanese representatives of the bran oil 22 Q. Do you remember any discussions specifically 22 poisoning of quite a number of Japanese citizens that was 23 with Mr. Wheeler on this issue? 23 attributed to Kaneclor 400 in parentheses, chlorinated 24 A. I would have talked to Mr. Wheeler on this issue 24 biphenyl comparable to FR dash 2 close paren. 25 several times. I can't recall if I spoke to him 25 MR. DIMURO: Thank you. Page 58 Page 60 1 specifically on this one. I, you know, I doubt just 1 Q. (By Mr. Turet) Mr. Paton, what chlorinated 2 glancing at what's behind it, I doubt it because it's 2 biphenyl was included in the product that was Therminol 3 highly technical and I would have deferred to other people 3 FR-2 if you know? 4 to pass judgment on the accuracy or whatever was being 4 A. I have forgotten which one it was. 5 said. 5 Q. But you remember it was a PCB product? 6 Q. Now, is Mr. Wheeler one of the people who had a 6 A. Yes. 7 better technical background to be able to assess the 7 Q. Now, do you know offhand what the bran oil 8 accuracy of the report? 8 poisoning in Japan was? 9 A. Yes. 9 A. I have not seen this memo before. 10 Q. And so in the last paragraph when Mr. Wheeler 10 Q. Do you know offhand of a bran oil poisoning 11 indicated that Risebrough has found PCBs along with 11 incident in Japan? 12 chlorinated pesticides in a number of species of fish and 12 A. I have a vague recollection of an incident 13 birds along the California coast as well as off the water 13 involving heat transfer fluid in Japan. But I probably 14 of Baja, California and Central America, and he goes on to 14 wouldn't have heard of that until after I became involved 15 talk about the Channel Islands and Puget Sound as well, 15 in heat transfer fluids in whatever it was, the early 16 was that your understanding as well at the time? 16 '70's. I don't think- 17 MR. DIMURO: Object to the form. 17 Q. Does it help any if I use the name Yusho? 18 A. What I would have understood was that Risebrough 18 A. Not really. 19 is saying he found PCBs. And I don't know whether that 19 Q. Now Mr. Roush states in the one, two, third 20 was accurate or wasn't. 20 paragraph down and I quote, however, it only seems a 21 Q. (By Mr. Turet) Okay. 21 matter of time until the regulatory agencies will be 22 MR. TURET.- Could you mark this as 1? 22 looking down our throats regarding the use of this 23 (Exhibit Paton 1 was marked for identification 23 material. Again referring to Therminol FR - 24 by the reporter.) 24 MR. DIMURO: Where does it say that? 25 Q. (By Mr. Turet) Mr. Paton you're being shown a 25 MR. TURET: Look at the First sentence. Page 57 - Page 60 TOWOLDMONOQ51860 CUMMING PATONCondenselt!TMJUNE 25, 1998 Page 61 Page 63 1 MR. dimurO: Then read both of them together. 1 MR. TURET: - as to whether -- 2 MR. TURET: I think we have a good track record 2 MR. DIMURO: Okay. 3 here in the States using Therminol FR in these 3 MR. TURET: - it was inevitable that regulatory 4 applications period. However, comma it only seems a 4 agencies would be breathing down the throats of Monsanto 5 matter of time until the regulatory agencies will be 5 regarding PCBs. 6 looking down our throats regarding the use of this 6 MR. DIMURO: Objection to form. 7 material period. Did I quote it right. 7 A. I didn't have an opinion at that time. 8 MR. DIMURO: Thank you. 8 Q. (By Mr. Turet) Okay. Did you, while you were 9 Q. (By Mr. Turet) Did you agree with that 9 working as the marketing manager in the Plasticizer area, 10 statement as of February of 1969 when you were a market 10 have any knowledge with regard to Therminol 55 or 11 manager? 11 Therminol 66? 12 MR. dimurO: I object to the form of the 12 A. I doubt it very much. I can't recall. 13 question. 13 MR. TURET: Would you mark this one as Paton 2? 14 A. I thought I just testified this is the first 14 (Exhibit Paton 2 was marked for identification 15 time I've seen this memo. 15 by the reporter.) 16 Q. (By Mr. Turet) I'm not asking about the memo, 16 MR. TURET: And for the record this is Bates MAE 17 I'm asking about the statement. 17 053552 through 55. 18 A. February 14th, 1969,1 had nothing to do with 18 MR. DIMURO: Do you want him to read a whole 19 Therminol FR and I don't see that I was copied in on the 19 thing or do you have particular questions? 20 memo. So, you know, I wouldn't have had an opinion on 20 MR. TURET: I'm going to ask him generally about 21 something that I haven't seen. 21 it. If I have specific questions, I'll definitely direct 22 Q. Did you have any opinion as to whether it was 22 him to the spot. 23 inevitable the regulatory agencies would be looking down 23 MR. DIMURO: Okay. 24 Monsanto's throats regarding the use of PCBs? 24 A. I've read it. 25 MR. DIMURO: Objection to form. 25 Q. (By Mr. Turet) First things first, Mr. Paton, Page 62 Page 64 1 A. I don't think he says PCBs. That's a broad 1 have you seen this document before today? 2 form. 2 A. I can't recall, but almost certainly I would 3 Q. (By Mr. Turet) I asked you a question about the 3 have seen it. 4 statement. 4 Q. At or about March, March 3rd of '69? 5 MR. DIMURO: Wait a minute. You're taking a 5 A. I'm almost certain, yes. 6 quote and changing it from Therminol FR to PCBs, 6 Q. Did you participate in drafting this public 7 attributing the quote to Mr. Roush, asking the witness who 7 statement? 8 has never seen the document whether he agrees with the 8 A. I can't recall what role I'd have played. I'm 9 statement that's a different statement, so I'm - 9 sure that I'd have seen it before it was in its final 10 MR. TURET: I'm asking him if he had an opinion, 10 form. But whether I helped in the drafting process, I 11 if he agrees with the statement if it was changed 11 can't remember. 12 slightly. I believe that's a perfectly appropriate 12 Q. Who took the initial draft at it if you 13 question. 13 remember? 14 MR. DIMURO: I don't think you can pull certain 14 A. I don't remember. 15 things from the document and change the statements Roush 15 Q. Do you remember any of the other people who 16 used and some terms to describe something and you're 16 participated in drafting this public statement? 17 asking a different question. 17 A. No. I could guess and I'd rather not guess. 18 MR. TURET: I'm asking it and if you have an 18 Q. Fair enough. I'm not going to ask you to 19 objection, state it. 19 speculate or guess. 20 MS. O'CONNOR: I'll join it. Unless you change 20 Hold on for a moment and let me hand you a 21 the question as to his past feelings, I think you're 21 document that was marked as Keller 9 which is a March 3rd, 22 asking for an expert opinion. 22 1969 letter and ask if you've seen that document before. 23 MR. TURET: I'm asking whether he had an opinion 23 A. Okay. 24 in February of 1969 - 24 Q. First of all, have you ever seen the document 25 MS. O'CONNOR: Okay. Thank you. 25 that was marked as Keller 9 before today? Page 61 - Page 64 TOWOLDMONOQ51861 CUMMING PATON Condensclt! TM JUNE 25, 1998 Page 65 Page 67 1 A. I can't recall now but I probably would have 1 whether or not there was a breakdown of some of these 2 seen it at the time. 2 products that would have given PCB-like materials. So 3 Q. Okay. And did the language of that track fairly 3 that was where I didn't know what was accurate and what 4 closely to the public statement that we just marked as 4 wasn't, but I knew that there was work being done to try 5 Paton 2? 5 to, you know, investigate that further. 6 MR. DIMURO: I'll object to form. 6 Q. (By Mr. Turet) And Mr. Wheeler was one of the 7 A. I saw some differences, but -- 7 ones who was doing that investigative work? 8 Q. (By Mr. Turet) Would you agree that it's very 8 A. He would have been involved in it, yes. 9 similar? 9 Q. All right. I have no further questions on those 10 MR. DIMURO: i'll object to the form. 10 two. Mr. Paton, let me show a document that was marked as 11 A. I can see that they, you know, they cover pretty 11 Keller 10, mae 053006 through 08. It's a March 6, 1969 12 much the same information. 12 memo. And just so you know, Mr. Paton, I understand if 13 Q. (By Mr. Turet) Okay. Skipping to the third 13 you want to take as much time as you want to read 14 page of what was marked as Keller 9. I believe it has the 14 documents, but we're going to go through this whole 15 same quote in both. It's also on Page 3 of the public 15 stack. And I assure you, I will direct you to anything 16 statement it says, quote, it is comma therefore comma not 16 I'm going to ask you questions about. But if you want to 17 only puzzling comma but extremely difficult to conceive 17 read every word, you're free to. 18 how commercially-produced PCB can show up in wildlife as 18 MR. DIMURO: Do you want to, I think he's 19 DDT and other pesticides appear to be. Did you 19 skimmed it if you want to ask him a particular question. 20 participate in that, in the drafting of that particular 20 Dr. Paton, I think Craig's trying to speed things up. 21 sentence? 21 Certainly if you think you need to read more than a 22 MR. DIMURO: You're asking him about Keller 9? 22 portion he looks at, let us know and I'm sure he'll give 23 MR. TURET: It's in both documents. I quoted it 23 you that time to do that. 24 verbatim from both documents. 24 MR. TURET: Absolutely. 25 MR. DIMURO: It's from both. Okay. I object to 25 Q. (By Mr. Turet) Have you seen this document Page 66 Page 68 1 the form. 1 before today, Mr. Paton? 2 A. I cannot recall that at all now. 2 A. No. 3 Q. (By Mr. Turet) Did that characterize your 4 belief back in March of 1969? 5 MR. DIMURO: Object to the form. Again, you can 3 Q. Do you remember during your time as a market 4 manager back in the late 1960's hearing from Bill Richard 5 that he had concerns about Aroclor in wildlife? 6 answer it. 7 A. Back then, I was unsure whether these PCBs were 6 MR. DIMURO: Object to the form. You can 7 answer. 8 really being found. Also, again, yes, I would have, I 8 A. I'm not sure. I didn't deal a great deal with 9 wasn't sure how they would have got into the environment. 10 Q. (By Mr. Turet) Okay. And did, you may have 9 Bill Richard because he had, his job was research director 10 for a group of products different than what I had 11 said this already and I apologize if I'm repeating the 12 question. Did you have doubts in your mind as to whether 11 responsibilities for so normally we would not have had a 12 lot of contact. I'm not copied in on this memo. He 13 this substance that had been identified by Jensen in 14 Sweden and by Risebrough in California was PCB? 15 MR. DIMURO: I'll object to the form. 13 copied in Springate and Schalk who were in the Plasticizer 14 division. So these, and whether these, either of these 15 two individuals passed this memo on to me, I can't recall 16 A. As I'm not disputing that they did the work and 17 they did studies. I think as I recall now, when I saw the 16 at all. 17 Q. (By Mr. Turet) Okay. Do you remember in 18 article that got across my desk from which was the Jensen 18 substance though discussions that related to the issues of 19 Widmark thing and what I saw about Dr. Risebrough is that 19 PCBs being found in wildlife? 20 they were finding these products in conjunction with other 21 chlorinated materials. And so it was difficult, even if 22 PCBs were present, it didn't necessarily mean that they 23 were causing problems because they were mixtures of 24 products. 25 And then there was debate, I think, as to 20 A. There were discussions because we had seen 21 articles and heard about it. But I can't recall now the 22 substance of how many of them were or who, which 23 individuals I would have discussed it with. 24 Q. When you first heard about the Risebrough 25 findings in California, was it your understanding that Page 65 - Page 68 TOWOLDMONOQ51862 GUMMING PATONCondenselt!TMJUNE 25, 1998 Page 69 Page 71 1 PCBs were being identified as a substance potentially 1 having been invited in your capacity as market manager to 2 toxic to humans? 2 discuss specific steps that could be taken by Monsanto to 3 MR. DIMURO: I'll object to the form. You can 3 minimize pollution? 4 answer it. 4 A. No, I don't. 5 A. I think at that time my recollection is that 5 Q. Do you remember any discussion about meetings 6 substances that had been identified in sea birds as PCBs 6 with larger customers at the time as one step that could 7 were supposedly identified along with ddt and other 7 be taken? 8 chlorinated materials. But I don't think a link had been 8 A. No, I don't. 9 made between finding it and the, you know, any toxic 9 Q. Do you have any understanding today as to why 10 effects, you know, finding something and saying it caused 10 larger customers might be approached and not other 11 something are two different things. And I think that link 11 customers? 12 had not been made at that time. That's my recollection. 12 MR. DIMURO: Object to the form. You can answer 13 But we were interested in trying to find out whether there 13 it, Dr.Paton. 14 was any link. 14 A. I have no idea. 15 Q. (By Mr. Turet) Let me direct your attention to 15 Q. (By Mr. Turet) Skipping down to the paragraph 16 the very beginning of the memo where Mr., Dr. Richard says 16 after that, Dr. Richard states that it will be still more 17 that Risebrough in a recent paper Nature, Vol. 220, 17 difficult to control other end uses such as cutting oils, 18 December 14, 1968 has attacked chlorinated biphenyls in 18 adhesives, plastics, and NCR paper. Do you remember 19 three ways. And you'll notice the third one in the list 19 discussions specifically related to difficulties in 20 of three is a toxic substance endangering man himself 20 controlling end uses back in March of 1969? 21 implying that the peregrine falcon is a leading indicator 21 A. I don't recall now, but might well have been. I 22 of things to come. Did you have a different understanding 22 don't know. 23 back in March of 1969 or was yours the same as 23 Q. Skipping down to the last, well, the paragraph 24 Dr. Richard's? 24 that begins with Risebrough. You'll see that there is a 25 MR. DIMURO: I'll object to the form. 25 sentence part way into it that says either his position is Page 70 Page 72 1 A. I don't know that, you know, what Dr. Richard's 1 attacked and discounted or we will eventually have to 2 real thinking was on this. I see what he's written. And 2 withdraw product from end uses which have exposure 3 I'm trying to recall what I knew about the situation back 3 problems. Do you remember discussions of that substance 4 in '69. 4 back in early 1969, March of 1969? 5 Anything that I read about Risebrough, saw in 5 A. I can't, I think from what I see from this that 6 Risebrough's articles, I wouldn't have characterized as an 6 Bill Richard is stating his position, his opinion. I 7 attack nor that, you know, man himself was endangered. 7 can't recall discussing, that I have discussed that with 8 That's not my recollection of the situation. But, you 8 Bill Richard, so I have no opinion, no opinion on it. 9 know, I don't know what, you know, what all Bill Richard 9 Q. Okay. Just to clarify, I'm not talking about 10 had read. He may have read other articles. I don't 10 just discussions with Bill Richard, I'm talking about 11 know. So I'm really not competent to pass judgment on 11 discussions that you participated in within Monsanto with 12 this memo at all. 12 anybody on these important issues back in March of 1969. 13 Q. (By Mr. Turet) Let me direct your attention to 13 MR. DIMURO: Object to the form. You can answer 14 the second page of the memo. The paragraph in the middle 14 it. 15 of the page that begins with, we can take steps. If you 15 A. I can't, I know that I would have been 16 would read that first sentence to yourself and I just want 16 discussing and trying to learn more about the situation on 17 to ask you about a piece of it. I'm sorry, did you 17 this issue back in 1969. But I can't now recall who 18 finish? 18 specifically, specifically who said what and who held what 19 A. I've read this paragraph. The one that starts 19 opinion and who didn't. I mean, it's just too long ago. 20 with we can take steps and finishes with hydraulic users, 20 Q. (By Mr. Turet) Then the next sentence 21 is that what you're directing my attention to? 21 Dr. Richard states that since the Risebrough paper in 22 Q. Yes. I was only referring to the first 22 Nature December 1968 has just been published it is timely, 23 sentence, but that's fine. And that first sentence in 23 perhaps imperative, that this paper and its implications 24 that paragraph refers to some of the steps that can be 24 be discussed with certain customers. Do you remember 25 taken to minimize pollution. Do you recall at the time 25 early in 1969 discussions within Monsanto about whether Page 69 - Page 72 TOWOLDMONOQ51863 GUMMING PATONCondenselt!TMJUNE 25, 1998 Page 73 Page 75 1 the issue of Risebrough's findings should be discussed 1 time period. 2 with Monsanto's customers? 2 Q. Now, the last sentence on that page, Dr. Richard 3 A. In Plasticizer, I don't. And I have no 3 says that well-prepared discussions with Ind., Industrial, 4 knowledge of what was happening in the fluids area because 4 Bio-Test, Monsanto biochemists comma the medical and legal 5 I had no responsibility for that. 5 departments must take place now. Do you, as you sit here 6 Q. Okay. You had no knowledge at the time of what 6 today, know whether well-prepared discussions actually 7 was happening in March '69 in the other areas such as 7 took place with Monsanto's biochemists, medical and legal 8 functional fluids? 8 departments back in March of 1969 about this PCB issue? 9 A. Not a great deal. I certainly can't remember 9 MR. DIMURO: I'll object to the form. You can 10 any about it. 10 answer it. 11 Q. Do you remember one way or another whether 11 A. I don't know whether they were well-prepared or 12 meetings were taking place with larger functional fluids 12 not. I don't know if the legal department was involved or 13 customers on the issue of whether pcbs were being found in 13 not. I do know that at some point Monsanto, I think, 14 the environment? 14 entered into a contract or a program with Industrial 15 A. I have no way of knowing that. 15 Bio-Test to do studies around some of the issues that are, 16 Q. Did you, do you know whether in March of 1969, 16 you know, in this memo. 17 whether meetings were held with larger Plasticizer 17 Q. (By Mr. Turet) Did you have any personal 18 customers to discuss the issue of pcbs in the environment? 18 involvement in the process whereby Industrial Bio-Test was 19 A. I can't recall. It wouldn't surprise me if 19 obtained to do studies? 20 there hadn't been inquiries maybe received from any 20 A. I would have been briefed about it, but I would 21 customer. And I don't know to what extent salespeople 21 not have, I certainly didn't object, but I would not have 22 might have discussed it with customers. No, again, given 22 been party to the program, how it was going to be done, 23 this lapse of time, I can't remember that. 23 you know, etc., etc. because that was, you know, was 24 Q. But as market manager, do you remember anybody 24 outside my realm of expertise. 25 contacting you for additional information? 25 Q. Would you have gotten interim reports on how the Page 74 Page 76 1 A. I seem vaguely to remember getting some phone 1 studies were going? 2 calls. I seem to recall some requests for samples so that 2 A. Not directly. I might have been told. I 3 they could do some investigations on their own. And I 3 probably would be told or probably would have asked how 4 would have passed them on to be sent to these people I'm 4 things were coming along, But there would have been no 5 sure. I can't say for sure whether, you know, I got calls 5 need to give me the reports Industrial Bio-Test prepared 6 from actual customers, calls from salespeople, you know. 6 because I would have just sent it to someone else to tell 7 Again, I just can't remember. 7 me what this is all about and what it means. 8 Q. Do you remember receiving any calls about PCB 8 Q. I have no further questions on that one. 9 products that you forwarded on to the medical department 9 MR. TURET: Can you mark this as Paton 3, 10 at Monsanto? 10 please? 11 A. If I'd received, if people, sorry, could you 11 (Exhibit Paton 3 was marked for identification 12 repeat the question? 12 by the reporter.) 13 Q. Do you remember receiving any calls about PCB 13 mr. O'CONNOR: Before you ask your next 14 products, let's say the early 1969 time frame, that you 14 question, do you guys want to -- let's go off the record. 15 forwarded on to the medical department? 15 (A discussion was held off the record.) 16 A. I vaguely remember having one or two 16 MR. DIMURO: Craig, I notice this document 17 conversations with people who wanted samples because they 17 doesn't have any MAE numbers on it. Is it your 18 were doing studies and that likely in those cases, I 18 representation this document is an exhibit to one of the 19 almost certainly would have passed them on to Emmet Kelly 19 depositions previously identified by Monsanto? 20 or Elmer Wheeler. 20 MR. TURET: Well, I'm not going to make a 21 Q. And that's in early '69? 21 representation just as I did last time during the Keller 22 A. I don't know if it was early '69 or when it 22 deposition. It's my understanding that it is, but I'm not 23 was. I mean it had to be between the beginning of '69 and 23 going to make representation as to something that I don't 24 sometime early '70, but God knows, I can't sit here today 24 know for sure. 25 and remember exactly what I was doing every day of that 25 MR. DIMURO: So your representation is you don't Page 73 - Page 76 TOWOLDMONOQ51864 CUMMING PATON Condcnselt! TM JUNE 25, 1998 Page 77 Page 79 1 know where the document came from? 1 them, but I think that might be a typo. I think it would 2 MR. TURET: I think this's not going to help you 2 have been Minckler, M-I-N-C-K-L-E-R, but I'm not sure 3 much. I think that it came from those transcripts. 3 because I didn't write the memo and I didn't see it. 4 (Mr. Davidson exited the deposition room.) 4 (Mr. Davidson re-entered the deposition room.) 5 Q. (By Mr. Turet)Okay. 5 Q. (By Mr. Turet) And who is Joe Neff, N-E-F-F, if 6 A. Yes. 6 you know? 7 Q. I don't know if I said this, for the record it's - 7 A. I don't know. 8 PRR 045436 dash 37. It's a March 7, 1969 letter. 8 Q. Okay. Mr. Paton, I'm going to show you a 9 Mr. Paton, have you ever seen the document before today? 9 document, I'm going to show you a document that was marked 10 A. No. 10 yesterday as Keller 11, a chlorinated biphenyl 11 Q. Okay. Who, in the first paragraph there's a 11 chronological events list and ask you if you have seen 12 reference to Monte Throdahl. Who is that? 12 that document before today. 13 A. Monte Throdahl worked for Monsanto back in '69. 13 A. No, this doesn't look familiar. I might have 14 I don't know what his position would have been. 14 seen it, but it doesn't look familiar. 15 Q. Okay. Whatwas the corporate development 15 Q. Okay. I'll represent to you that yesterday we 16 committee back in March of '69? 16 took the deposition of Dr. Keller and that he indicated 17 A. I'm not sure. If I'd had about heard about it, 17 that he prepared it and that's his signature down at the 18 which I probably did, it wouldn't have meant much to me. 18 end. 19 In my position at the time, that wouldn't have meant a 19 Now, I just want to ask you about a couple of 20 whole lot to me. 20 the references here. There is an, on the first page under 21 Q. Do you know if it's one of the managerial 21 the date of December 29, 1966, a reference to Widmark 22 committees of the firm, of the company? 22 letter to and there's a name that's been deleted 23 A. With corporate being in there, I would have 23 Monsanto. Do you recall having seen a letter that went 24 thought it would have been at the upper levels of 24 from Professor Widmark to Monsanto back in December of 25 management, but, at that time, I wasn't that close to that 25 '66? Page 78 Page 80 1 so -- 2 Q. Now, this is a, this purports to be a letter 3 signed by Elmer Wheeler. Can you tell one way or the 1 A. No. 2 Q. There's a reference there quote would like to 3 work with Monsanto Toxicologists on problem. Close 4 other from the signature at the bottom whether that's 4 quote. Do you recall hearing from anyone that Professor 5 Mr. Wheeler's signature? 5 Widmark had communicated with Monsanto in December of '66 6 A. Goodness only knows. I have no reason to 6 asking to work with their toxicologists? 7 believe it isn't, so - 7 A. No. And it wouldn't surprise me, because I 8 Q. Mr. Wheeler says on the first page one, two, 9 three, fourth paragraph down, there's a statement, I have 8 don't think, now it comes back to me. I think it was 9 November of '66 that I joined Monsanto. So at that time, 10 enclosed a copy of the final form of the PR release that 11 was developed last week. This has been sent to twenty-one 12 Monsanto customers over my signature. I'm just going to 10 you know, I would, I wouldn't have known my way around 11 Monsanto let alone getting to this kind of stuff. I was 12 probably still in Darby College. 13 show you briefly again Keller 9 which you looked at before 14 and ask if you know one way or the other whether that's 13 Q. Who was Wilde, W-I-L-D-E? You'll see the name 14 listed under February 13th, '67 and February 21 of '67. 15 the PR release under Elmer Wheeler's signature that went 15 Does that name mean anything to you? 16 out to customers of Monsanto. 17 A. I really don't know. I have no reason to 16 A. Gene Wilde was a colleague of mine in 17 Plasticizers. In fact, now that I think of it, initially, 18 believe it wasn't, but I don't know. 19 Q. Okay. There's also a reference to Hinckler, 18 1 might have even reported to Gene. He was a market 19 manager as I recall, but I'm not sure whether I reported 20 H-I-N-C-K-L-E-R. Does that name mean anything to you? 20 to him or not. But certainly he was a colleague at the 21 A. I think it might have been Minckler I believe. 22 There was a Howard Minckler that was an, I'm trying to 21 time. 22 Q. So he was, was he at the level of Walter 23 think if he was the general manager at the time of the 24 organic chemical division. He certainly was at a higher 23 Waychoff? 24 A. No, he would have been a market manager. He 25 level than Bergen. I think Bergen may have reported to 25 would have been, you know, reporting directly to Walter Page 77 - Page 80 TOWOLDMONOQ51865 CUMM1NG PATONCondenselt! TM ________ JUNE 25, 1998 Page 81 Page 83 1 Waychoff where I reported initially to a market manager. 1 Q. Do you remember ever recommending to anybody 2 Q. I see. Okay. Do you know as you sit here today 2 within Monsanto that they do similar tests that were being 3 what the references would be in February of 1967 of a 3 done on pcbs with terphenyls? 4 Wilde letter to Kelly or Kelly letter to Wilde no need to 4 A. I can't recall now, but it, I might well have 5 contact Swedish people? 5 done. I'm not denying it. I might have done it, I don't 6 A. No. I would not have been involved in anything 6 know. 7 about that and, or I certainly can't remember. 7 Q. Do you know, down at the bottom under 8 Q. Okay. There's a reference at the very bottom of 8 December 30, 1968 there's a reference Richard to Kuhn, 9 the page, November 2nd, 1967 Richardson letter Hardy. Do 9 K-U-H-N, dash legal problems. Do you know what that's a 10 you know who Hardy was or is? 10 reference to? 11 A. There was a Hardy I think that worked for 11 A. No, because the name there was Kuhn in 12 Monsanto in Europe, but I don't know if that's the same 12 Monsanto. I don't think he was in the law department, but 13 one or not. 13 I, I just don't. 14 Q. And if it was the Monsanto Europe person, what 14 Q. Do you recall any discussions about legal 15 was his position? 15 problems specifically in the context of chlorinated 16 A. I have no idea. 16 biphenyls back in December 30th, '68? 17 Q. There's a reference here to confirmed by GC 17 A. No. 18 slash mass period Aroclor 1254. 18 MR. DIMURO: Let me just caution the witness to 19 A. Oh, I'm sorry. 19 the extent he had any discussions with Monsanto's in-house 20 Q. Right at the very bottom of the page under that 20 counsel, those conversations are privileged. But subject 21 November 2nd, 1967 heading, it says confirmed. 21 to that, you may answer the question. 22 A. It says confirmed by GC mass. 22 A. I have no idea what Richard and Kuhn would have 23 Q. Aroclor 1254 in eggs from 100 ppm feeding 23 talked about. I have no idea. 24 studies confirmed government labs. Do you know what that 24 Q. (By Mr. Turet) Flipping to the last page, 25 means? 25 there's a January 24, 1969 reference to Paton to Keller et Page 82 Page 84 1 A. No. 1 al. 2 Q. Did you have any knowledge back in November of 2 A. Yeah. 3 1967 about testing that had been done on Aroclor 1254 in 3 Q. Montar. Do you remember writing a memo to 4 eggs? 4 Dr. Keller about Montar back in January of '69? 5 A. I don't, and I think it highly unlikely I would 5 A. If there's a memo around, I wouldn't deny that I 6 have given what my position and what my responsibilities 6 did it, but at this late stage, I have no idea what that 7 were then. 7 would have been about. 8 Q. Okay. On Page 2, the entry that's dated May 3, 8 Q. You may have answered this question. Do you 9 1968, Newell letter to Hunt. First of all, who was Newell 9 know what you, do you remember there having been any 10 if you know? 10 issues discussed with regard to Montar as they would have 11 A. That's not a name that rings a bell at all. 11 been reported to Dr. Keller by you? 12 Q. How about Hunt? 12 A. I can't now recall. Montar was a product that I 13 A. No. I can't, that doesn't ring a bell either. 13 think had PCBs in it. And so it's not unlikely that if we 14 Q. All right. There's a statement, recommended 14 were doing a study on PCBs that we wouldn't have looked at 15 tests in cooperation with Monsanto rather than seek 15 anything, you know, that was part of it, like Montar, but 16 government support med department recommended no action. 16 I just, at this late date, I have no idea what that might 17 Does that mean anything to you? 17 have been about. 18 A. No. 18 Q. And all the way down at the bottom, March 5th, 19 Q. Skip ahead to the third page. There's a 19 1969 Paton to Richard DDT on trial. Do you know what that 20 July 31, 1968 reference to Paton memo. I think that's the 20 is in reference to? 21 one that we saw already today. Do you know what the 21 A. I seem to vaguely remember that there was some 22 November 27, 1968 memo Paton to Richard include Aroclor 22 investigation or some lawsuit involving DDT in some state 23 5460 is? 23 somewhere. Or there were hearings on it or something. 24 A. No. I would have to see it to refresh my 24 And possibly I drew that, if I had seen an 25 memory. I can't think now what that was. 25 article or something, maybe I drew it to Bill Richard's Page 81 - Page 84 TOWOLDMONOQ51866 CUMMING PATON Condenselt! TM JUNE 25, 1998 Page 85 Page 87 1 attention. Again, I can't, without seeing the memo, I 1 respect to this document. I'm asking generally back in 2 have no, I can't say for sure what it was about. 2 the time frame of May and June of 1969 whether you had an 3 Q. Okay. I have no further questions on that one. 3 opinion one way or the other as to the truth of that 4 (Mr. Davidson exited the deposition room.) 4 statement. 5 Q. (By Mr. Turet) I believe I had just handed you 5 MR. DIMURO: I'll object to the form. 6 a document, Mr. Paton. 6 A. Again, I can't, casting my mind back to that 7 A. We were looking at one. 7 time frame, I can't remember thinking that or not. 8 MR. DIMURO: You gave him the chronology. 8 Q. (By Mr. Turet) Okay. Do you remember 9 A. I thought we finished that. 9 specifically discussions back in that time frame about 10 Q. (By Mr. Turet) Okay. Mr. Paton, I'm going to 10 traces of PCBs in the human diet? 11 show you a document that was marked as Keller 12 which is 11 MR. DIMURO: Object to the form again. 12 Bates Nos. MAE 023422 dash 31. 12 A. Again, I'm very hazy on that. I recall, and 13 MS. O'CONNOR: I'm sorry, could you say that 13 again, there was a memo that you showed me earlier that 14 again? 14 referred to what, what I said about the New Scientist 15 MR. TURET: Sure. MAE 023422 dash 31. 15 article and the theory of it, but, how accurate that is 16 MS. O'CONNOR: Thank you. 16 and what is included in this statement, certain items of 17 MR. DIMURO: Do you want to call his attention 17 human diet, I have no way of knowing what he refers to. 18 to any particular - 18 Q. (By Mr. Turet) Okay. No further questions on 19 Q. (By Mr. Turet) First, I'm going to ask if 19 that one. 20 you've ever seen it before. 20 MR. TURET: Can we mark this as Paton 4? 21 A. No, it doesn't ring a bell with me. 21 (Exhibit Paton 4 was marked for identification 22 Q. Now I asked you before about the Jensen, 22 by the reporter.) 23 Widmark, and about the Risebrough work. On Page 3, there 23 Q. (By Mr. Turet) Mr. Paton, I'm going to show you 24 are references, and perhaps I should start you on Page 2 24 a document marked as Paton 4. It has Bates Nos. MAE 25 at the very last paragraph and it says the original work 25 059911. I guess it has an enclosure that has a decimal Page 86 Page 88 1 of Jensen and Widmark has been extended and generally 1 point and then .01 through .03. Mr. Paton, what was the 2 confirmed notably by workers at the following 2 Specialist? 3 establishments, and much of the detail had been 3 A. It was kind of an information bulletin to our 4 published. On Page 3, there is a list of studies and I 4 field sales force. 5 want to ask which ones you remember having seen and or 5 Q. Prepared by whom? 6 heard about back when you were a market manager at 6 A. Well, it could have been, Monsanto Speciality 7 Monsanto. 7 Modifiers, that might have just referred, I can't remember 8 A. All the ones listed on Page 3? 8 now, but it might have just referred to products for which 9 Q. Correct. 9 I had responsibility in which case I would have been 10 A. Other than seeing articles, you know, one or two 10 mostly the person who had written it. Or it might have 11 articles written by Dr. Risebrough or references to 11 applied to all Plasticizers in which case anyone in the 12 Dr. Risebrough, I'm not familiar with any of those at all. 12 Plasticizer marketing group might have written one at some 13 Q. Okay. Flipping ahead to the following page, the 13 point. 14 summary section, Paragraph 1 states that there can be no 14 Q. But they generally originated through the 15 doubt that traces of PCBs parentheses Aroclors close paren 15 Plasticizer marketing group? 16 are to be found in wildlife comma fish and certain items 16 A. Yes. 17 of human diet. Did you agree with that statement as of 17 Q. And are these the information bulletins that you 18 May or June of 1969? 18 referred to earlier as part of - 19 MR. DIMURO: I'll just object to form. 19 A. This would be an example of one. 20 A. I'm not in a position to pass any comment on 20 Q. And did I understand you to say that the 21 that because I don't appear to have received the 21 audience, the targeted audience was the field salespeople 22 document. I can't recall ever having seen it. And I 22 of Monsanto? 23 certainly didn't have any discussions with Mr. Hardy, is 23 A. That was the primary audience, yes. 24 it Hardy, on it so - 24 Q. Was it also distributed to customers? 25 Q. (By Mr. Turet) I'm not asking about it with 25 A. It would have been distributed to customers. It Page 85 - Page 88 TOWOLDMON0051867 CUMMING PATONCondcnsclt!TMJUNE 25, 1998 Page 89 Page 91 1 would have been done by the salesperson for that 1 melt adhesives for furniture a common application for 2 particular customer account. 2 Aroclor 1254 back in this 1968 time frame? 3 Q. Okay. Now, down at the bottom of the first 3 MR. DIMURO: Object to the form. You can answer 4 page, there's a reference to a separate Plastifacts will 4 it, Dr. Paton. 5 be issued, one word. 5 A. I can't recall. I know that hot melts at that 6 A. Uh-huh. 6 time were sort of a growing application. But I can't 7 Q. What is a Plastifacts? 7 recall, you know, what applications were the biggest and 8 A. I recognize the name but I cannot recall now 8 just thinking of it, this wouldn't have struck me as being 9 what it was and how it would differ from the Specialist or 9 a particularly big one. But I can't relate to hot melts, 10 from an information bulletin. 10 to the furniture industry coming together and us meeting 11 Q. Okay. Now, in the first paragraph there it says 11 with a lot of furniture people because I don't imagine we, 12 we are indebted to blank technical service department and 12 because I can't recall any customers that we had that were 13 the blank has been whited out for supplying the attached 13 producers of furniture. So unless the furniture 14 formulations for hot melt adhesives. Do you have any 14 manufacturer was getting it from somebody that did the 15 understanding from that sentence whether the hot melt 15 formulation, you know, so - 16 adhesives formulation was coming from outside of Monsanto? 16 Q. (By Mr. Turet) How about the following page? 17 A. I think almost certainly it was. 17 This hot melt adhesive for polyolefin film. What is 18 Q. Was this an, a common occurrence to have 18 polyolefin film? 19 formulations provided by customers that were then 19 A. Polyolefin film is a type of polymer. 20 incorporated into the Specialist? 20 Polyethylene is probably one of the more common 21 A. Well, it could have been a customer or it could 21 polyolefins. 22 have also been the producer of the basic resin that was 22 Q. What is some uses of that we might relate to for 23 promoting that particular resin for a particular 23 polyolefin film? 24 application. I think it would have been maybe unusual for 24 A. It could be used for packaging or covers to keep 25 it to have been a customer. We simply wouldn't have used 25 rain away from products, and, you know, things, putting on Page 90 Page 92 1 it in any event without checking back with whoever 1 top of pallets and so on. 2 supplied it to ask if we could indeed use it. 2 Q. Okay. And this particular formulation suggested 3 Q. So to use the examples that you gave earlier, 3 the use of Aroclor 1254 20 percent; is that right? 4 Hercules or DuPont could come up with a formulation, 4 A. That's what this says. 5 supply that formulation to Monsanto, and it could be 5 Q. Do you remember that being an application for 6 incorporated as part of the Specialist to go to the field 6 Aroclor 1254 back in the '68, '69 time frame? 7 salesmen? 7 A. I can't, you know, now I can't recall. But 8 A. Yeah, because they would have seen that as one 8 again, I have no reason to dispute that somebody didn't, 9 other avenue for their products, and their products could 9 you know, come up with that formulation and use it. 10 have got some promotion and recognition. 10 Q. And from your work as a market manager, does it 11 Q. Rip ahead to the third page. Do you have any 11 strike you as at all unusual that the procedures for both 12 recollection from your time as market manager whether hot 12 those calls for heating the Aroclor for 1254 to over 300 13 melted adhesive for furniture was a common application for 13 degrees? 14 Aroclor 1254? 14 MR. DIMURO: I'll object to the form. You can 15 A. On the third one, that's 626 F, isn't it? 15 answer it, Dr. Paton. 16 MR. DIMURO: I think it's the - 16 A. I guess it says 300 degrees. I don't know how 17 Q. (By Mr. Turet) It's the 614, Formula 614. 17 long it was going to be heated for. I didn't, you know, I 18 A. I see, 614. 18 didn't develop the formulation nor did, did I develop the 19 Q. Let me ask you first, this is a formulation for 19 procedure for it to be used. I was just reporting, and as 20 a hot melt adhesive for wood furniture, correct? 20 I read the first page, and my intent in sending this out 21 A. Yes, purports to be, yes. 21 was that I saw an opportunity for an antioxidant because 22 Q. And it purports to require 13 percent Aroclor 22 we had an antioxidant sandy white powder which we would 23 1254? 23 have had regarded as a replacement for Ethyl 702. 24 A. Uh-huh. 24 Q. (By Mr. Turet) Okay. My question was: Based 25 Q. Okay. To the best of your recollection, was hot 25 upon your work as a market manager, was it unusual to have Page 89 - Page 92 TOWOLDMONOQ51868 CUMMING PATON Condenselt! TM JUNE 25, 1998 Page 93 Page 95 1 a procedure, a mixing procedure that called for the 1 page of that document? 2 heating of Aroclor 1254 to over 300 degrees Fahrenheit? 2 MR. turet: The page that's Bates No. 3 MR. dimurO: I'll object to the form of the 3 PRR 025245. 4 question. 4 Q. (By Mr. Turet) There is a statement the State 5 A. Well, to mix, you know, when you're producing 5 Department of Agriculture in Connecticut reported finding 6 the formulation to mix it together, maybe to expedite the 6 PCBs in fish in that state. 7 mixing, maybe they did heat it. I don't think, if what 7 MR. DIMURO: And the question is whether he knew 8 you're getting to is that would it then be normal for 8 of that at that time? 9 Aroclor to be used at extended periods for 300 F, I 9 MR. TURET: Yes. 10 wouldn't draw that conclusion. 10 MR. DIMURO: Okay. 11 Q. (By Mr. Turet) That's not my question. I'm 11 A. I can't recall hearing anything about this at 12 just asking if it's unusual to have as part of the initial 12 that time. 13 manufacturing process to have temperatures of 300 degrees 13 Q. (By Mr. Turet) The next paragraph on page, on 14 or more when mixing the ingredients including Aroclor 14 the following page, the next full paragraph, states that 15 1254. 15 during the summer we have received reports of PCBs in milk 16 MR. DIMURO: I object to the form again. 16 in Georgia and Maryland, in fish and water of Lake 17 A. Well, you know, I don't know what's usual or 17 Michigan, and fish and oysters in the Gulf of Mexico. Do 18 unusual in producing hot melt adhesives because I don't 18 you remember any of those incidents? 19 produce them. 19 A. I seem to vaguely remember something in Lake 20 Q. (By Mr. Turet) All right. Mr. Paton, I'm going 20 Michigan that I, but the other two references, I have no 21 to show you a document that was marked as Keller 13. For 21 recollection of those. 22 the record, that is a document Bates No. PRR 0250, I'm 22 Q. The paragraph after that refers to sampling that 23 sorry, 025243. 23 was done of the Escambia River. 24 MS. O'CONNOR: 025243? 24 MR. TURET: Off the record. 25 MR. TURET: 025423 through 247. And the last 25 (A discussion was held off the record.) Page 94 Page 96 1 page has a different type and no Bates number. 1 A. I'm sorry and your question was on the third 2 MR. O'CONNOR: Keller 11? 2 paragraph. 3 MR. turet: Keller 13. 3 Q. (By Mr. Turet) Okay. Mr. Paton, I believe we 4 Q. (By Mr. Turet) Mr. Paton, have you ever seen 4 were on Page 2. There's a discussion about sampling that 5 the document before? 5 was done on the Escambia River below Monsanto's Pensacola 6 A. No. 6 Plant. Did you recall any discussions relating to PCBs in 7 Q. When you were market manager, was it customary 7 the Escambia River? 8 for you to receive reports from the medical department? 8 A. This refreshes my memory. I seem to remember 9 A. I'm not sure. I don't think I would have got a 10 regular report. I would have been informed if I'd asked 11 or if they'd called me up or something, but I would not 9 hearing something about this incident. 10 Q. What was your understanding of what had been 11 found in the Escambia River and its significance? 12 have been on their circulation list for the regular 13 monthly or quarterly reports that they would have 12 A. I wouldn't have been able to, I probably 13 wouldn't have recalled the incident. And I certainly 14 produced. 14 wouldn't have recalled the details. I've read Paragraphs 15 Q. Now as we flip through this quarterly report, 15 3, 4, and 5 and I have no reason to dispute that whoever 16 you'll see there's quite a bit written on pcbs at the time 17 you were marketing manager for the area that included 18 PCBs. Did you receive reports from the medical department 19 that focused on PCBS during your time as a market manager? 20 A. I can't recall any ones coming to me 21 specifically, no. 22 Q. Do you recall learning while you were marketing 23 manager that, that the State Department of Agriculture in 24 Connecticut had identified PCBs in the environment? 25 MR. DIMURO: Are you reading from a particular 16 wrote this isn't, you know, giving accurate information. 17 I don't know. 18 Q. Do you know specifically whether the Florida 19 Plant of Monsanto switched over from PCB-containing 20 Pydraul fluid to mineral oil immediately upon these 21 findings in the Escambia River? 22 MR. DIMURO: Object to form. 23 A. I would not have any involvement in that 24 decision. I would have no knowledge of that at all. 25 Q. (By Mr. Turet) Do you remember hearing or Page 93 - Page 96 TOWOLDMONOQ51869 CUMMING PATONCondenselt! TM JUNE 25, 1998 Page 97 Page 99 1 reading any documents within Monsanto about this? 1 frame as to what course of action we would pursue. But I 2 A. I can't recall. 2 don't think we were, in fact, never in my time with 3 Q. At the beginning of the second paragraph from 3 Monsanto have I found them trying to dig their heels in 4 the bottom, there's a statement that other sources of 4 and trying to prevent doing something. And I've always 5 contamination in milk, etc. have not been pinpointed but 5 found them to be a company that acted in as responsible a 6 appears likely that some of our customers' products will 6 manner as they could. 7 be found responsible. Do you have any recollection back 7 Q. (By Mr. Turet) While you were market manager in 8 in mid to late 1969 of discussions relating to customers' 8 this 1969 time frame, do you remember discussions 9 products having been responsible for environmental 9 specifically about certain end uses of the Aroclor 10 contamination of PCBs? 10 Plasticizer products that could not be controlled in terms 11 A. No. 11 of release of PCBs into the environment? 12 Q. Moving on tothe next page, Page 3 at the top. 12 A. As I recall, we were trying to determine how 13 There's a statement that quote the organic division comma 13 these products could have got into the environment, were 14 which produces this series of very profitable products 14 they ours, for example, because we were not the only 15 comma has a concerted effort underway to protect continued 15 worldwide producer. And, therefore, I seem to recall we 16 sales and uses end quote. Do you have any understanding 16 were looking at what the uses were that we knew about and, 17 of what that refers to? 17 therefore, were some more likely to get into the 18 A. No. 18 environment than others. 19 Q. Following sentence saysquote it is likely comma 19 Q. What were the ones that were more likely to get 20 however comma that it will be found impossible to prevent 20 into the environment than others? 21 losses to the environment of Aroclors 1254 and 1260 in 21 A. I can't recall now. At some point, we talked in 22 some customer applications and that public and 22 terms of open and closed systems. And I cannot recall now 23 governmental pressures will lead to restrictions that 23 specifically what criteria. We used to say it fell in one 24 cannot be met without discontinuing production and sales. 24 or the other. 25 Period. Close quote. Do you remember any documents that 25 Q. How did Monsanto go about determining which ones Page 98 Page 100 1 specifically referred to that in substance back in mid to 1 were more likely to lead to releases of PCBs than others? 2 late 1969? 2 MR. DIMURO: I'll object to the form. You can 3 A. I can't recall. That's not to say there weren't 3 answer, Dr. Paton. 4 any and that's not to say I didn't see them, but I can't 4 A. There were technical people looking at this and 5 recall them. 5 they would have had some criteria or maybe recommended 6 Q. Do you remember any discussions at all about the 6 some criteria. I can't recall now. From my part, the 7 issue of the possibility that Monsanto could be compelled 7 information that I could get at was, you know, where were 8 to cease manufacture of PCBs as a result of the growing 8 the products being sold, what did I know from what 9 detection of PCB in the environment? 9 salesman had told me or I read in call reports about what 10 MR. DIMURO: I object to the form. 10 the uses were. And I could make, possibly, I can't recall 11 A. I can't recall discussions about us being 11 if I did or not ever myself sit down and write down, well, 12 compelled to discontinue. I know that, that from what I 12 I'd consider this one a problem and this one maybe less of 13 recall, that it was 1254 and 1260 that were being 13 a problem. I can't remember doing that. 14 identified in the studies that were being done. You know, 14 Q. (By Mr. Turet) Which group of people were doing 15 they said that they thought it was the 1254 and 1260 if it 15 work to determine which of the applications for Aroclor 16 wasn't the lower chlorinated materials that were being 16 products presented more of a risk of release of PCBs into 17 found. And since we had, you know, there was a lot of 17 the environment? 18 sales of these other products, you know, we were trying to 18 A. I think it might have been more the people in 19 say, well, we were saying, well, if it's the 1254 and 1260 19 the Martin Ferrar, Joe Darby area as far as Plasticizers 20 that are, you know, being identified in the environment, 20 was concerned. I would have thought they would have been 21 what do we do about those. But if the others aren't being 21 among the more likely people, but I can't at this late 22 found, then presumably we should, you know, continue on 22 stage remember. 23 with those. 23 Q. Now, going back to this document that's been 24 And so there was that thing being, you know, 24 marked as Keller 13, same paragraph that we were in 25 studied and thought about and determined in that time 25 before, there's a statement concurrently comma action is Page 97 - Page 100 TOWOLDMONOQ51870 CUMMING PATON Condenselt! TM JUNE 25, 1998 Page 101 Page 103 1 being directed at protecting the sales and uses. 1 it, Dr. Paton. 2 A. Which page are we on now? 2 A. I'm not sure I could recall. I'm not sure if I 3 Q. Still on Page 3, still in that paragraph that 3 ever knew what their exact plan was in terms of geography. 4 starts with the organic division second from the bottom. 4 Q. (By Mr. Turet) Meaning the substantive areas 5 A. Uh-huh. 5 they were looking at? 6 Q. And last sentence, says quote concurrently, 6 A. I do know that because the initial discovery of, 7 comma, action is being directed at protecting the sale and 7 the initial study occurred in Sweden and they tried to get 8 uses of the other polychlorinated biphenyls and 8 more information about that. From what you showed me 9 terphenyls, closed quote. What action was being directed 9 today, there was apparently a Japanese incident. And 10 as of September of '69 in protecting the sales and uses of 10 given that, we were exporting some products, I know that, 11 those products? 11 you know, we couldn't just look in terms of the U.S., you 12 MR. DIMURO: Objection to the form. 12 know, the U.S. in isolation. 13 A. I'm not sure whether this is referring to action 13 Q. Okay. Mr. Paton, I'm going to show you a 14 on the part of the medical department or action on the 14 document that was marked as Keller 14, a October 2nd, 1969 15 part of other departments. So it's hard for me to know, 15 memo it has Bates Nos. MONS 036720 dash 732 and ask if 16 because the word action to me is the, you know, it's not 16 you've seen it before today. 17 very well defined. 17 A. I don't think so. 18 The medical department as far as I can recall 18 Q. Did any of the gentlemen I mentioned before, 19 was involved. It would have been part of the on-going 19 Ferrar, Hodges, John, Richard, Wheeler, seek your input 20 study with the Industrial Bio-Test. So it's possible that 20 with regard to their investigation in October of 1969 of 21 that's what that phrase action means. I don't know. 21 PCBs in the environment? 22 Q. (By Mr. Turet) Mr. Paton, do you remember the 22 MR. DIMURO: i'll object to the form. You can 23 existence of a committee called the Aroclor ad hoc 23 answer it. 24 committee? 24 A. I can't recall. 25 A. In the course of giving depositions, I've been 25 Q. (By Mr. Turet) Flipping to the page that's Page 102 1 given documents that refer to that committee. I guess, 2 thinking, I had not thought of that having such a precise 3 title as you might get the impression of looking at the 4 documents that I've been shown. So again, I can take it, 5 I see looking at the document that, yes, there was a Page 104 1 numbered 2 at the top, it's Bates 036722. 2 A. Yes. 3 Q. See there a list of -- 4 A. Wait a minute, Page 2? 5 Q. I'm sorry, Page 1 at the top, it says objectives 6 committee like that. 7 (Mr. Davidson re-entered the deposition room.) 8 Q. (By Mr. Turet) Were you aware back in September 9 or October of 1969 that there was some committee, 10 regardless of what the name may have been, that included 11 Dr. Richard, Dr. Ferrar, Mr. Hodges, Edward John, and 12 Elmer Wheeler? 13 A. I know that they were, as a group, were involved 14 in trying to keep track of reported incidents involving 15 PCBs being found in the environment. And also, they were 6 at the top. 7 A. Yes. 8 Q. There's a list of objectives there. Do you 9 remember anybody seeking your input with regard to the 10 objectives that were being pursued by this committee? 11 A. I can't, I can't recall being asked about this. 12 Q. Did you finish your answer? 13 A. Yes. 14 Q. The next page that's headed probability of 15 success. If you could read the first paragraph. 16 the ones that were working trying to determine which ones, 17 were the others biodegradable or what area the PCBs were 18 biodegraded in. And they were using tests for feeding 19 studies and so on to try to determine which ones, if any 20 of them, were toxic. And if so, what was the difference 21 in toxicity. I was aware of that. 22 Q. Did you know whether they were looking for 23 globally at what course of action the company should take 24 with respect to the Aroclor PCB products? 25 MR. DIMURO: Object to the form. You can answer 16 A. Yes. 17 Q. Did anybody approach you and ask you for your 18 input on the issues that are addressed in this first 19 paragraph regarding the probability of success? 20 A. I have no recollection of that having happened. 21 That's not to say it didn't, but I just can't recall it. 22 Q. Do you remember anybody approaching you and 23 asking your input as to whether there were specific 24 actions that could be undertaken to prolong the 25 manufacture, sale, and use of the PCB-containing Aroclors Page 101 - Page 104 TOWOLDMONOQ51871 CUMM1NG PATONCondenscit!TMJUNE 25, 1998 Page 105 Page 107 1 in late 1969? 1 person to have asked and I would have furnished it to the 2 A. No, I, I don't recall that. 2 best of my ability. 3 Q. Do you remember anyone approaching you and 3 Q. Okay. I have no further questions on that 4 seeking your input as to whether it was time to notify 4 document. 5 customers of Monsanto about PCBs in the environment? 5 MR. TURET: Could we mark this as Paton 5,1 6 A. No, I don't. 6 guess? 7 Q. Do you remember seeing any documents back in 7 (Exhibit Paton 5 was marked for identification 8 late 1969 on these issues we're going through? 8 by the reporter.) 9 A. Well, I can't, you know, I'm now just, you know, 9 MR. TURET: For the record, Paton 5 is a 10 I cannot recall seeing documents like this. I may well 10 document that's been Bates Stamped MAE 023314 dash 22, 11 have, but they have not stuck in my memory. 11 dated October 29, 1969. 12 Q. If you would flip ahead to Page 5 at the top, 12 Q. (By Mr. Turet) Mr. Paton, have you seen the 13 basis for recommendations, fourth paragraph down, there's 13 document that you've just been shown marked as Paton 5 14 this statement quote it has also been recognized that 14 before today? 15 there could be vapor losses but it has been felt that 15 A. I don't think so. It doesn't seem to, I could 16 these were perhaps of less significance than the vapor 16 well have seen it back in '69, but I don't recall having 17 losses in Plasticizer applications. 17 seen it since. 18 Do you remember when you were marketing manager 18 Q. Flipping to Page 2. 19 responsible for the Plasticizer area there being 19 A. Yes. 20 discussions about vapor losses from Plasticizer 20 Q. Section, effect on Monsanto. There are some 21 applications? 21 figures provided, business potential at stake on a 22 A. I don't recall. 22 worldwide basis. Would those be the types of figures that 23 Q. The next paragraph refers to an additional 23 you would have compiled in your budgeting responsibilities 24 possible source of environmental contamination being the 24 as a market manager? 25 destruction or incineration or breakdown of materials 25 A. In the Plasticizer area, yes. Page 106 Page 108 1 which have Aroclors in them. Do you recall discussions 1 Q. Under effect on customers and ultimate 2 about those possible releases of PCBs into the environment 2 consumers, would the statements about where Aroclors were 3 back in 1969? 3 located listed in those numbered statements 1 through 5 4 A. No. 4 have been the type of information that you would have 5 MR. DIMURO: Object to the form. You can 5 compiled as market manager back in 1969? 6 answer. 6 A. 4 and 5, yes. 2, possibly. I can't recall. I 7 A. I don't recall, but that's not to say that it 7 wouldn't dispute it. It might have entered into sort of a 8 didn't happen. 8 subset of 4 and 5. 9 Q. (By Mr. Turet) Now, if you would flip ahead to 9 Q. But 4 and 5, so you would have been responsible 10 Page 10, you'll see there's a No. 8, assignment of 10 for compiling information about use of Aroclors in 11 full-time effort. There's a statement quote up to this 11 plastics, adhesives, paints, and coatings? 12 time, the coordination of the division effort has been the 12 A. I would have been looking at our sales to see 13 principal responsibility of W.R. Richard and E.P. Wheeler 13 where we were selling and trying to pin down what 14 with support from R.E. Keller and Cumming Paton. 14 applications there were. And by the looks of it, possibly 15 A. Yes. 15 have put them into these classifications 4 and 5. And 16 Q. What was the support that you were providing to 16 possibly, I might have been asked some questions, which of 17 this effort? 17 those might be food processing related, and I'm, I don't 18 A. Again, specifics escape me, but I would think it 18 think I'm speculating. But that is the gist that I would 19 would have been in terms of what applications did we have; 19 get of this. And so I wouldn't dispute that I was, I 20 where were the customers located; what quantities of 20 likely would have been involved in 4, 5, and 2. 21 different Aroclors were being sold or used in different 21 Q. No further questions on that one. 22 areas. That would have been the kind of information that 22 Mr. Paton, let me know show you a document that 23 I would have been looked to if they wanted that in order 23 was marked as Keller 15. It's Bates Nos. MAE 023703 to 24 to pursue any of the technical investigations. That's the 24 742. And it's a rough draft, November 10, 1969. Have you 25 kind of information that I would have been the logical 25 ever seen this document before? Page 105 - Page 108 TOWOLDMONOQ51872 CUMMING PATON Condenselt! TM JUNE 25, 1998 Page 109 Page 111 1 A. I can't recall, but, again, that's not to say 1 possible legal implications in the sentence that follows? 2 that I didn't. 2 A. No. 3 Q. Do you remember participating or providing input 3 Q. On the following page, Page 6 at the top, now 4 specifically into an environmental pollution abatement 4 there's a statement almost in the center of the page, a 5 plan back in 1969? 5 little below quote a wide range of paints and coatings are 6 A. I could well have done it. I can't recall, but 6 affected. I believe that's consistent with the document 7 it wouldn't have surprised me. 7 we saw before. Is that also information that would have 8 Q. Flip ahead to Page 5. It has listed at the 8 ultimately been assembled by you as market manager? 9 top -- I think you have to go farther. 9 A. Probably. I think. 10 A. All these chemical formulas? 10 Q. And would you agree based on your experience as 11 Q. Beyond that. There's another numbered page at 11 market manager for Monsanto that a wide range of paints 12 the top. 12 and coatings were affected with the PCB issue? 13 A. Yeah. 13 MR. DIMURO: Object to the form. You can answer 14 Q. And there's a section again, effect on Monsanto 14 it, Dr. Paton. 15 much like what we saw before, correct? 15 A. Again, from this far back in time, how wide a 16 A. Uh-huh. 16 range, I can't recall at all. 17 Q. Is the information ondollars, volumes,and 17 Q. (By Mr. Turet) Flip ahead to the page that's 18 sales volumes under Plasticizers, would that have been 18 numbered as 10 at the top. I'm not going to ask you to 19 information that you would have compiled as market 19 read the whole thing. But you'll notice that there's 20 manager? 20 essentially three different courses of action that are 21 A. Probably. 21 discussed here and, you know, one is labeled do nothing; 22 Q. How about the section that followsthat, do you 22 one is labeled discontinue manufacture of all PCB; and the 23 recall having any input into the discussion about whether 23 third one is respond responsibly. 24 direct lawsuits against Monsanto was possible? 24 Without quoting the whole section, do you recall 25 A. I don't think I would have probably taken the 25 a discussion of three or more courses of action back in Page 110 Page 112 1 initiative in that. That would have been, I think that 1 November, November or December of 1969 with regard to the 2 would have come from our legal department or possibly -- 2 PCBs? 3 Q. Do you remember any discussions that took place 3 A. I can't. But I would, you know, it wouldn't 4 back in this late 1969 time frame of the possibility that 4 surprise me that this happened. And it wouldn't surprise 5 lawsuits could ensue against Monsanto because of PCB? 5 me if I had some discussions with my management about 6 MR. DIMURO: Again, I would caution the witness 6 this. I just can't recall the details. 7 that conversations with counsel concerning potential 7 Q. Flipping ahead to a couple more pages, to Page 8 lawsuits is covered by privilege. Subject to that - 8 12. You'll see down at bottom under Letter B there's a 9 A. I can't recall me participating in any 9 bunch of interim steps that are laid out for the fluids 10 discussions with lawyers in that regard at all. 10 and for the Plasticizers. Under Plasticizer, No. 4, it 11 Q. (By Mr. Turet) I just want to make sure, is 11 says initiate program to develop Aroclor 1254 and 1260 12 your answer that, your answer is to the question that I 12 substitutes. 13 asked. Do you remember having any discussions not 13 Do you remember any kind of an effort undertaken 14 necessarily with lawyers, with others within Monsanto 14 in late 1969 to come up with a substitute for the Aroclor 15 about the possibility that lawsuits could come about from 15 PCB products? 16 the use of PCBs? 16 A. Vaguely. 17 A. No. 17 MR. DIMURO: Objection to form. You can answer 18 Q. There's also a sentence inthat same section 18 it. 19 that quote all customers using these products have not 19 A. I seem to vaguely remember something. 20 been officially notified about known effects nor do our 20 Q. (By Mr. Turet) What is it that you vaguely 21 labels carry this information. Do you remember while you 21 remember? 22 were market manager in 1969 any discussions about that 22 A. I just seem to vaguely remember that our 23 issue? 23 research, technical lab people were thinking, okay, what 24 A. No. 24 might be suggested to customers to replace 1254 and 1260. 25 Q. Do you know what thereference is to other 25 But I'm very, very hazy on when that occurred and -- Page 109 - Page 112 TOWOLDMONOQ51873 CUMMING PATON Condenselt! TM JUNE 25, 1998 Page 113 Page 115 1 Q. Do you remember when the terphenyl products, the 1 before the managerial committees at that time? 2 Aroclor 1254 hundred series were being suggested as 2 A. I think it would have been, you know, in terms 3 alternatives to the PCB-containing Aroclors back in 1969? 3 of being present to answer questions that they might have 4 A. I'm not sure when you, you know, the difficulty 4 had of details or maybe to furnish information on the 5 I have is you're saying 1969. I'm at this long period 5 progress of any programs that were going on, that sort of 6 away from it. I've forgotten exactly when certain things 6 thing. I would not have been, I would have been there 7 would have happened. I think at some point we considered 7 probably more in a support role for either the 8 using the terphenyls. Whether it was in '69 or later, you 8 dielectrical marketing or the business director. 9 know, I can't recall. 9 MR. TURET: Why don't we mark this as Paton 6. 10 Q. Do you remember helping to strategize, planning 10 (Exhibit Paton 6 was marked for identification 11 for a precipitous pull out in the event that Monsanto was 11 by the reporter.) 12 required to pull the PCBs from the market? 12 Q. (By Mr. Turet) Mr. Paton, you're being shown a 13 MR. DIMURO: Objection to form. 13 document that's been marked as Paton 6, Bates MAE 033475 14 A. I can't recall that at all. 14 dash 84. It's entitled presentation to field sales, 15 Q. (By Mr. Turet) Rip ahead, let me give you the 15 personal and confidential. Have you ever seen this 16 Bates numbers, Bates No. MAE 023725. 16 document before? 17 Now, as the person who had responsibility for 17 A. It doesn't, you know, this looks new to me. But 18 compiling sales and profitability numbers of the 18 again, part of my problem was, I don't see a date. Let's 19 Plasticizer products, did you also help to create charts 19 see, I don't know if this would have been prepared before 20 of profit and liability over time as are reflected on that 20 or after I left the Plasticizer group to go to the Latin 21 page? 21 America position. 22 A. I can't recall doing that. 22 Q. If you turn the Page 10, the very last sentence 23 MR. DIMURO: Objection to form. 23 says we want 1970 to be no different. Let's not enter a 24 A. And this certainly doesn't look like my, it 24 new decade with a down-turn. 25 looks to be hand done and this doesn't look like my 25 A. I don't recollect preparing this. It is Page 114 1 writing at all. I certainly would have been in no 2 position to have done the liability part of that diagram. 3 Q. (By Mr. Turet) So you would have had the 4 profitability information but not the liability 5 information? 6 MR. DIMURO: Objection to form. 7 A. I don't know where, I don't, since there's no 8 scale here, I don't know where the profit numbers came 9 from or anything, if I would have prepared this or whether Page 116 1 entirely possible it was written by my successor in which 2 case I would have no 3 Q. Who was your successor? 4 A. I believe the man's name was Willis Clark but I 5 couldn't swear to that. I think that's who it was. 6 Q. Now, were you still a market manager when in 7 February of 1970 a letter went out to customers of 8 Monsanto about PCBs? 9 A. I was shown a document yesterday that had that 10 this was someone else on this, whoever put this document 11 together having done that themselves, I don't know. 12 Q. (By Mr. Turet) Do you remember whether there 13 were any presentations made to managerial committees about 14 the PCBs in the environment issue? 15 MR. DIMURO: Object to the form. You can 16 answer. 17 A. I think there probably were. I can't recall now 18 the specifics. 19 Q. (By Mr. Turet) Did you ever have occasion to 20 appear before one of the managerial committees about PCBs? 21 A. I think if I did it was as I came back as a 22 product manager later on. I can't recall any when I was a 23 market manager. I can't, but I do seem to recall some in 24 the '72 onward period. 25 Q. And what was the context in which you appeared 10 date on it and I would have said that, yes, I was. And if 11 you'd ask me without, if somebody asked me without showing 12 me that document, I would have said, no, by then I was in 13 Latin America. But I obviously wasn't. But if I wasn't, 14 I must have had one foot ready to go half way out the door 15 so to speak. 16 Q. So if this document that you've been shown came 17 before the customer letter in 1970, then you would have 18 still been the marketing manager? 19 A. Yes, if it came afterwards, I wouldn't, I don't 20 think in all likelihood but 21 Q. Let me direct you to the section on Page 1 that 22 says letter to Monsanto's Aroclor customers. 23 A. Where is that? No. 2, Item 2 is it? 24 Q. Actually a better place to refer you to is the 25 second page. Page 113 - Page 116 TOWOLDMONOQ51874 CUMMING PATON Condenselt! TM JUNE 25, 1998 1 A. Okay. Page 117 1 A. No. Page 119 2 Q. The last paragraph where it says accordingly, a 2 Q. Was your department broken down that way so that 3 letter has been cleared by our legal department for 3 there were specific distributors assigned to specific 4 mailing to each one of our direct Monsanto customers. 4 people in the marketing department? 5 Later in the paragraph, it says the letters will be mailed 5 A. At that time, I had one assistant. And as I 6 from St. Louis about the end of February. So presumably, 6 recall, I don't think he was assigned any responsibility 7 this came before the end of February. So I take it you 7 for distributors. I tended to handle that myself. But at 8 were marketing manager at the time this document was 8 the same time, in the sales organization, there was a 9 created or this presentation to field sales took place? 9 director of sales, there were regional sales managers who 10 A. It could well be. It could well be. 10 would have been the more primary point of contact with 11 Q. Well given the chronology, were you market 11 distributors. So it could well be that they were the ones 12 manager, in fact, during February of 1970? 12 who did the visiting. And it's referred to on Page 3. 13 A. I have no, you know, I didn't think so myself, 13 Q. Now on Page 5, there's a section entitled, 14 but having been shown a document yesterday, it may well be 14 customer reaction. Do you remember while you were a 15 that I did. But if that's a big issue, I'm sure we could 15 market manager in February of 1970 discussions about 16 probably get that together. 16 anticipating customer reactions at this letter going out 17 Q. What is, what is this document if you know? 17 to those customers about the PCBs? 18 A. All I can go by is what the title says. It 18 A. I can't recall. But, you know, it would have 19 doesn't say who the author is, it doesn't say who it went 19 been a very logical thing to have thought about, so I'm 20 to. 20 not disputing that I didn't or that others, that we didn't 21 Q. Have you ever seen written materials that were 21 discuss it. 22 entitled presentation to field sales specifically in 22 Q. Do you remember seeing any documents 23 connection with your job as marketing manager? 23 specifically addressing how customer reactions should be 24 A. I'm sure I've seen a title like that. It's a 24 handled? 25 very common type heading for things. 25 A. I can't recall. You know, you may be about to Page 118 Page 120 1 (Mr. O'Connor exited the deposition room.) 1 show me one but I don't recall. 2 Q. (By Mr. Turet) Is this the type of document 2 Q. Did you review this document with your Counsel 3 that's generated in advance of the national meetings with 3 before today? 4 all the salespeople? 4 A. No. 5 A. Not necessarily. I mean, this doesn't indicate 5 MR. DIMURO: Don't answer that question. 6 that it was given at some conference. It might have been 6 Q. (By Mr. Turet) Were you shown this document 7 mailed out possibly but - 7 before today? 8 MR. DIMURO: Why don't you let him ask a 8 THE WITNESS: Can I answer that? 9 question. 9 MR. DIMURO: Not if it was shown to you by us, 10 Q. (By Mr. Turet) Now on the third page, 10 no. 11 Mr. Paton, there's right in the middle of the page, there 11 MR. TURET: He's not allowed to say whether he 12 are discussions about distributors of Monsanto. 12 saw a document before today? 13 Specifically, it says to explain the action to our 13 MR. DIMURO: Not if I showed it to him. He can 14 distributors, we visited the head offices of Central 14 say if it was shown to him by anybody else, sure. 15 Solvents and American Mineral Spirits. 15 MR. TURET: And the basis for that is what? 16 A. Yes, I see that. 16 MR. DIMURO: Consider it work product. Whatever 17 Q. Did you personally communicate with or visit 17 I showed the witness is my work product. Whatever I 18 Central Solvents or American Mineral Spirits while you 18 decide to pull out of the thousands and thousands of 19 were marketing manager? 19 documents that have been produced in this case. He's 20 A. I can't recall doing so. But there certainly 20 represented by us today as a former employee. And any 21 could have been others that would have done it just as 21 conversations I had or any documents I showed him, I 22 easily as I could have done it. 22 consider my work product. But subject to that, if anybody 23 Q. Was there anybody who worked under you who was 23 else showed you that document, you can answer Mr. Turet's 24 specifically responsible for communicating with American 24 question. 25 Mineral Spirits? 25 A. No one else has showed me that document. Page 117 - Page 120 TOWOLDMONOQ51875 CUMMING PATONCondenselt!TMJUNE 25, 1998 Page 121 Page 123 1 (Mr. O'Connor re-entered the deposition room.) 1 Q. Never mind, I'll withdraw the question. 2 Q. (By Mr. Turet) Let me direct you to Page 6 and 2 While you were market manager in January and 3 Page 7, specifically referring you to the bottom part 3 February of 1970, were the field salesmen of Monsanto 4 about continued customer reaction. Do you recall a list 4 being encouraged to increase sales of Aroclor PCB 5 of dos and don'ts being presented to the regional managers 5 products? 6 in terms of dealing with customers calling about pcbs? 6 A. I don't recall any specific conversations for 7 A. Again, I don't recall a list of dos and don'ts 7 them to go and increase sales, you know, that's not 8 as you describe it. But it wouldn't be, it wouldn't 8 normally something that they are, you know, they'll go out 9 surprise me if some guidance wasn't given to them. 9 and do their job without me having to say, gee, you've got 10 Q. Do you remember what guidance was given to any 10 to get them up. 11 of your salespeople? 11 Q. And doing the job as a salesman means selling as 12 A. Today, I can't. 12 much of a product as you can? 13 Q. Do you remember a list of likely customer 13 MR. DIMURO: Objection to form. 14 questions being supplied to field salesmen on the issue of 14 A. They have to attend to the needs of their 15 PCBS? 15 customers. And if that means that the customer needs more 16 A. I don't, but that's not to say there wasn't one 16 sales, they would try to follow that. 17 prepared. 17 Q. (By Mr. Turet) Would you not agree that a 18 Q. Do you remember receiving any documents from Jim 18 salesman tries to sell as much of a product as he can? 19 Springate or anybody else at Monsanto with which to answer 19 MR. DIMURO: Objection. Form. 20 questions that customers had about PCBs after receiving a 20 A. You know, I guess. 21 letter from Monsanto? 21 Q. (By Mr. Turet) And wasn't it the goal of the 22 A. No. I can't recall receiving anything from Jim 22 marketing department to get sales up and keep them up with 23 Springate along those lines at all. 23 regard to the products of the Plasticizer division? 24 Q. Do you remember any recommendations being given 24 A. In general terms, yes. Now, then you've got to 25 as to how to handle the issue of drop-offs in sales after 25 go to the specifics of a particular situation and that Page 122 Page 124 1 that letter went out from Monsanto to customers about 1 might be somewhat different. 2 PCBs? 2 Q. You'd agree that generally that's the case? 3 A. That's not an issue that I can recall at all. 3 A. Generally, that's, generally, that's the case. 4 Q. Do you recall any suggestion being made to 4 Q. Was there anything communicated to field 5 salespeople that they should tell their customers who were 5 salesmen in January of 1970 to your knowledge to 6 contemplating switching to other products that the other 6 discourage them from selling Aroclor PCB products? 7 products might be environmental contaminants too? 7 A. I can't recall anything going on, but certainly 8 A. I can't recall that. 8 we sent out a letter later in 1970 indicating some 9 Q. Do you remember any discussions within Monsanto 9 products, that we should notify customers that there were 10 that related to the issue of how to handle customers that 10 certain products that had been found in the environment 11 were living off inventoried pcb products supplied by 11 and they would decide what steps, how they perceived that 12 Monsanto? 12 and what they might do about it. 13 A. I can't recall that, no. 13 Q. That's later in 1970, how about January? 14 Q. Do you remember any documents that addressed 14 A. I thought we were talking February of '70 was 15 that issue? 15 the letter I thought. 16 A. I can't recall. 16 Q. We're not to February yet, we're in January of 17 Q. Do you remember in your capacity as market 17 1970. In January of 1970, was there anything to your 18 manager whether you saw information actually documenting 18 knowledge that was communicated to the field salesmen to 19 whether customers were living off inventory following the 19 discourage them from selling Aroclor PCB products? 20 letters that went out from Monsanto? 20 MR. DIMURO: I'll object to the form. 21 MR. DIMURO: Object to the form. 21 A. I can't recall. 22 MR. TURET: Let me withdraw the question. 22 Q. (By Mr. Turet) Do you recall anything in 23 Q. (By Mr. Turet) The timing, you weren't market 23 February of 1970 that was communicated to Monsanto 24 manager then? 24 salesmen to discourage them from selling Aroclor PCB 25 A. I'm sorry? 25 products? Page 121 - Page 124 TOWOLDMONOQ51876 CUMMING PATONCondenselt! TM JUNE 25, 1998 Page 125 Page 127 1 MR. DIMURO: Object to the form. You can answer 1 A. I don't seem to recall any, no. 2 the question. 2 Q. (By Mr. Turet) Okay. I have no further 3 A. I can't recall anything, but I do recall there 3 questions on that one. 4 was a letter sent out to our customers and the salespeople 4 Mr. Paton, who is Don Olson, Donald Olson? 5 were told about that letter. 5 A. He was with Monsanto for a number of years, and 6 Q. (By Mr. Turet) And that brings us back to the 6 I think he left. He had some sort of a field sales 7 presentation to field salesmen? 7 manager or field sales director job. I can't remember if 8 A. Yeah. 8 it involved Plasticizers at any time or whether it was 9 Q. Do you recall the message being delivered to 9 more in the fluids area. I'm hazy now. 10 Monsanto field salesmen that, in substance, that Aroclor 10 Q. Do you remember the issue arising while you were 11 sales had increased every year for ten years and that 11 market manager between 1967 and 1970 of whether there 12 Monsanto wanted 1970 to be no different? 12 should be warnings to Aroclor customers about using pcb 13 MR. DIMURO: i'll object to the form. 13 products that could ultimately come in contact with food, 14 A. I can't, you know, I can't recall whether or 14 feed or water? 15 not, in fact, they had increased every year. You said 15 A. Yes. I do have some recollection of that. 16 every year for ten years? 16 Q. What is it that you remember in that regard? 17 Q. I'm asking about whether you remember that 17 A. I recall some discussions with our distribution 18 message being delivered to field salesmen. 18 department about labels being put on our containers and 19 A. No. 19 them indicating that there were certain protocols that 20 MR. TURET: Could you mark this as Paton 7? 20 were used, I think, even involving government agencies or 21 (Exhibit Paton 7 was marked for identification 21 industry standards or something in the U.S. and Europe in 22 by the reporter.) 22 that regard. 23 Q. (By Mr. Turet) Mr. Paton, you're being shown a 23 And that, you know, this action got initiated 24 document that's been marked as Paton 7. 24 and I think ultimately was acted upon. And I would have 25 A. Yes. 25 seen drafts of what was being proposed, and I would have Page 126 1 Q. It's a document Bates MAE 034803 to 814. Have 2 you seen this document before today? 3 A. No, I don't think so, no. 4 MR. DIMURO: Why don't you flip through it to 5 the end, Dr. Paton. 6 A. Again, I don't see a date and I don't see an 7 author so 8 Q. (By Mr. Turet) Do you remember seeing materials 9 like this prepared by Monsanto anticipating customer Page 128 1 been kept abreast of as to how the program to implement 2 this was proceeding. And then I seem to recall that I 3 would have then gone out ahead of time and announced to 4 the field sales folks possibly that we were going to 5 implement this. That's my general recollection. 6 Q. And that's with regard to labels that went on 7 packages? 8 A. Well, it could have been on drums I think, 9 because it would have been drums for most of the 10 questions? 11 MR. DIMURO: Object to the form. You can 12 answer, Dr. Paton. 10 products. Some might have been, some of the things were 11 in bags I guess. But primarily, drums I would have 12 thought. 13 A. What time frame are you talking about? 14 Q. (By Mr. Turet) Well, there are references to 15 1969 articles and I don't see anything in here referring 16 after that, so I'm talking about the tenure while you were 17 market manager. 18 A. This document doesn't refresh my memory much at 19 all. 20 Q. Okay. That wasn't my question. My question 21 was: Do you remember seeing materials like this document 22 while you were market manager that laid out questions that 23 were anticipated by customers with proposed answers? 24 MR. DIMURO: Object to the form. Again, you can 25 answer it. 13 And I don't know, I can't recall if we had any 14 tank trucks, you know, bulk customers for Aroclor 15 Plasticizers or not. If we did, there must have been some 16 way of carrying, having some means of communicating that 17 on the truck or something. 18 Q. So using that as an example, when there was a 19 change in protocol, was it your responsibility as market 20 manager to communicate it to the regional sales managers 21 so that it could be passed on to the field salesmen? 22 A. That would have been the most likely way for it 23 to have been done. The orders processing people, the 24 distribution people would have been the ones that would 25 have been, have had the most work to do in this area. But Page 125 - Page 128 TOWOLDMONOQ51877 CUMMING PATON Condcnselt! TM JUNE 25, 1998 Page 129 Page 131 1 I would have probably, they might, order processing might 1 (The preceding answer was read back.) 2 well have communicated this directly to the customers 2 Q. (By Mr. Turet) Do you know whether it is or is 3 since they were often in daily contact with the customer. 3 not? 4 I would have notified sales if not my other market 4 A. I think in all likelihood it is. 5 managers. 5 Q. (By Mr. Turet) Is there a way from looking at 6 Q. Do you remember while you were market manager 6 the Technical Bulletin that you can tell what the date of 7 anybody within Monsanto claiming that it was time to add 7 it is? 8 language to the warning labels about PCBs coming in 8 A. These numbers down in the right-hand comer 9 contact with food, feed, or water? 9 might indicate that but let's see - 10 MR. DlMURO: Object to the form. You can answer 10 MR. DlMURO: Dr. Paton is looking at the last 11 it, Dr. Paton. 11 page of -- 12 A. Are you talking about, again, in the '68, '69 12 A. I would also look at all of these numbers down 13 area? 13 at the very bottom down here. I seem to remember it would 14 Q. (By Mr. Turet) Between '67 and '70 when you 14 have been included in this code way down here, I see those 15 left that position. 15 on 1/2/68 up there. 16 A. I can't recall then. I seem to recall later 16 Q. (By Mr. Turet) Does that suggest January 1968? 17 with regard to fluids. Again, it just may be my timing is 17 A. It would to me. So it's possible that 18 faulty. 18 there might have been, you know, a limited run off of some 19 Q. Okay. 19 copies then. I don't know. 20 MR. TURET: Let's mark this as Paton 8. 20 Q. Do you know one way or the other whether there 21 (Exhibit Paton 8 was marked for identification 21 was a Technical Bulletin O/PL-306 when you first became 22 by the reporter.) 22 marketing manager? 23 MR. TURET: For the record, this is a document 23 A. Well, apparently not. Well, I can't remember. 24 with Bates Nos. MAE 059946 dash 47. 24 Now, all I can see here is, I said on April 3rd, 1970 it's 25 Q. (By Mr. Turet) Is this a document you've seen 25 been out of print for some time, so I'm sure this was a Page 130 Page 132 1 before today, Mr. Paton? 1 factually correct statement at the time I wrote it. 2 A. It looks familiar. 2 Q. Okay. By the way, before I go on further, the 3 Q. Can you look at the bottom and see if that's 3 R.G. Hutchison that's listed on the distribution list, who 4 your signature above the name Cumming Paton? 4 is that? 5 A. I'm almost certain it is. 5 A. That's a good question. That's a name that 6 Q. Has this document come up in previous 6 just, I have no idea who that is. I must have known at 7 depositions that you've testified in? 7 the time, but that's, I'm drawing a complete blank on that 8 A. Not sure. I can't, no, I don't think it has. 8 name. 9 I'm not sure. I can't recall. 9 Q. On the distribution list, is D.H. Bechtold, 10 Q. Do you remember what Aroclor Bulletin O/PL-306 10 Chicago, was he the regional manager for Chicago? 11 was? 11 A. Yes, I think, yes. 12 A. No. Other than here it says covers all Aroclors 12 Q. And R.N. Brell, he was the regional manager in 13 and all applications. So I'm assuming that's what it is. 13 Wilmington? 14 Q. Let me just get something out. I'm not going to 14 A. Yes. 15 mark it as an exhibit. Mr. Paton, I'm going to show you a 15 Q. And E.H. Fording was the regional manager in New 16 document that was marked in a previous deposition as Orem 16 York at the time? 17 3, it has Bates Nos MAE 040881 to 933 and ask you - 17 A. Correct. 18 MR. DAVIDSON: Orem what? 18 Q. There's an E.C. Wilde at the bottom, Akron. 19 MR. TURET: Three. 19 A. Yes. 20 Q. (By Mr. Turet) And ask you if this was the 20 Q. Also regional sales manager? 21 Bulletin O/PL-306 that your memo refers to. 21 A. Yes. 22 A. I have no reason to say that it isn't. 22 Q. And this memo is responding to questions about 23 Q. Is that a yes? 23 the Technical Bulletin O/PL-306 and whether they could get 24 MR. DlMURO: I think -- can you read back his 24 more copies; is that correct? 25 answer, Tammie? 25 A. Yes. Page 129 - Page 132 TOWOLDMONOQ51878 CIJMMING PATONCondcnsclt! TMJUNE 25, 1998 Page 133 Page 135 1 Q. Now there's a statement that O/pl-306 must be 1 sorted out before you could decide what's the best 2 drastically revised in light of the letter on PCBs that we 2 solution to all of this. 3 have sent to Aroclor customers in the U.S. and plan to 3 Q. Isn't it also true, Mr. Paton, that there was a 4 send to U.K. and Canadian customers. What was your 4 program that was well underway to allow for the withdraw 5 understanding at the time of how Technical Bulletin 306 5 of PCB products from the market for open use applications? 6 had to be drastically revised? 6 MR. DIMURO: i'll object to the form. 7 A. Well, without seeing it, I don't know whether it 7 A. I'm not sure to what extent the program, I can't 8 was indeed revised. So I'm sure it was after my tenure as 8 recall now any, what discussions about possibly 9 market manager, and so without, if it was revised, and 9 withdrawing some or all of the Aroclors from Plasticizer 10 without me comparing this one to the new one, it would be 10 uses was at that point in time. I do recall that at 11 hard for me to say. 11 sometime when I was in the Latin America position, I was 12 But I, you know, one thing would have been that 12 informed that, you know, a decision had been taken that as 13 if we had sent a letter out as I recall in '70, you know 13 of a certain date, and I think it was sometime in 1970, 14 saying that these things had been found in the 14 that that was going to happen. Again, I personally cannot 15 environment, that some statement to that effect might have 15 remember participating in meetings discussing that in the 16 been included in the revision. That would have been one 16 1969, 1970 time frame. That's not to say I didn't, I just 17 revision that I would have thought appropriate. 17 can't recall. 18 Q. By the way, this is dated April 3rd, 1970. You 18 Q. (By Mr. Turet) Were you aware at the time that 19 were still marketing manager? 19 the concept of withdrawing 1254 from the market for open 20 A. Apparently. I thought I was in Latin America, 20 applications had been approved back in November of '69? 21 but I assure you, I must have been because otherwise, I 21 MR. DIMURO: Objection to the form. You can 22 wouldn't have gotten anything done in Latin America. This 22 answer it. 23 must have been one of my final acts, but maybe you'll drag 23 A. That date doesn't ring a bell at all. 24 up another memo in a minute that says I was still there. 24 Q. (By Mr. Turet) A couple sentences down it says, 25 Q. The next sentence says quote, as you know we 25 it would appear inconsistent from an image standpoint that Page 134 Page 136 1 have programs underway to solve the problems the PCB 1 at the time we are promising open paren in all sincerity 2 situation poses for our Aroclor business. What did that 2 let me emphasize close paren support to scientists slash 3 mean at the time? 3 agencies we publish a new bulletin promoting PCBs. What 4 A. I think it was just, it was an umbrella 4 did that mean? 5 statement saying that there's these issues being 5 A. I can't now think exactly what I had in mind. 6 publicized about Aroclors and we're trying to understand 6 But I, I think that reading it again, I'm not sure exactly 7 how accurate they are, what pcbs they apply to, etc., 7 what I had in mind. Because if I wrote it again, I would 8 etc., etc. And so we're trying to come up with ways to 8 try to explain a bit more. It leaves you dangling. So it 9 the resolve these things. 9 probably wasn't one of the better sentences I wrote in 10 Q. But this says programs underway. What are the 10 terms of clarity. 11 programs underway as of April 3rd, 1970? 11 Q. Well, isn't it saying in essence that on the one 12 A. Well, one program that was underway was this 13 whole effort in terms of Keller, in terms of analytical 14 methodology. That was the program I believe with 15 Industrial Bio-Test in terms of determining, doing animal 16 studies, trying to determine to what extent the, any link 17 between pcbs and some of the issues affecting wildlife 18 were discussed, whether, indeed, they were due to other 19 products found along with the PCBs. 20 It was always the question if it was 1254 and 21 1260 that were being said that were found in the 22 environment and not the other ones, so there was something 23 unique in terms of 1254 and 1260 with regard to 24 biodegradability, etc. as the others were more 25 biodegradable. There were many issues that had to be 12 hand Monsanto is supporting those who are studying the 13 present of PCBs in the environment and on the other hand 14 promoting the very PCBs that are turning up in the 15 environment? 16 MR. DIMURO: Object to the form. 17 A. I don't think it says that. I'm not saying that 18 we should be out promoting them. 19 Q. (By Mr. Turet) Well the next sentence and I 20 quote says, the lack of O/PL-306 should not inhibit your 21 sales or your efforts. What does that mean then? 22 A. I think that they should continue on doing what 23 they have been doing until such time as we know what 24 action we should be taking based on facts and accuracy. 25 Q. So in other words, the salespeople should Page 133 - Page 136 TOWOLDMONOQ51879 CUMMING PATONCondenselt!TMJUNE 25, 1998 Page 137 Page 139 1 continue to promote the sales of PCBs to the extent they 1 salespeople to find out why and try to increase the level 2 can? 2 of sales again? 3 MR. DIMURO: Objection to form. 3 MR. DIMURO: Objection. Form. 4 A. Well, any time that salesmen make an 4 A. There's two things there. I would have 5 introduction of any product to a customer, it's usually a 5 encouraged the salesmen to find out why. If the answer 6 long, long time before it results in an actual sale, you 6 came back saying, well, the customer's decided that he's 7 know, the customer will want to evaluate information, 7 going to use something else or phase out the product 8 etc., etc. And so, you know, therefore, you know that 8 they're using because of the product in the environment, I 9 that's not something that if you tell a customer about 9 certainly wouldn't have told the salesmen to hammer away 10 this product that immediately, you know, he's going to 10 and get him to change his mind, no. I would have taken 11 say, yeah, I'm going to buy it right now. That's a very, 11 that as a sign that, indeed, you know, we, it was having 12 very rare occurrence. 12 an effect and ultimately, the sales might decrease and 13 Q. (By Mr. Turet) But as of April 3rd, 1970, the 13 ultimately disappear. 14 salespeople were still supposed to be out there persuading 14 Q. (By Mr. Turet) But if there was another reason 15 the customers to use Aroclor for their products, correct? 15 for their decline in sales, then you would encourage the 16 A. It was a product we still had on our line and if 16 salesmen to try to reverse that decline? 17 customers indicated an interest in that, we would tell 17 MR. DIMURO: Objection to the form. 18 them about it. 18 A. That's very general. It would depend what the 19 At the same time, we had sent a letter saying 19 reason was. You know, it could be any number of reasons 20 that it had been found in the environment and that 20 why sales declined. And it, you know, for me to sit here 21 therefore that the salesmen with that in his mind would 21 and just answer hypothetical questions is very difficult. 22 have drawn the customer's attention to it and said you 22 Q. (By Mr. Turet) All right. But, I mean, you 23 should be aware this and of that if, in indeed, you are 23 lived then, you were market manager then and had certain 24 considering this product. 24 responsibilities over field sales and what I'm trying to 25 Q. Would you agree with me that in your sentence, 25 get a feel for is what the mind set was and what the Page 138 Page 140 1 it shows some discomfort for promoting PCB sales as of 1 inducements were for the salesmen. What was the mind set? 2 April 3rd, 1970? 2 A. Is that your question? 3 MR. DIMURO: Object to the form. 3 Q. Yes. 4 A. No, I, I don't think so. I think that we were 4 A. My mindset and those of the people I worked with 5 still trying to evaluate a situation that was unfolding 5 was to act as responsibly as we could. And certainly, we 6 where we didn't have all the information that was acquired 6 were not motivated to get sales at any cost, to get 7 as to where to go. But we had notified customers that 7 profits at any cost. If, indeed, some of these 8 these had been found in the environment and that we were, 8 allegations and studies indicated that these products had 9 you know, following up further and that we would then 9 problems, we would have taken steps either to solve the 10 decide what the best course of action was. 10 problem or if we couldn't, then, ultimately, you're faced 11 When this was written, I didn't know what was 11 with having to withdraw the product. But that's not 12 going to happen. What decisions, what results would come 12 something you could do just precipitously overnight 13 out or what decisions would be taken later. 13 because there were so many other factors involved. 14 Q. (By Mr. Turet) Well, under those circumstances 14 PCBs were used primarily because of their fire 15 as of April 3rd, 1970 if a customer expressed 15 resistance. The fire resistance was a human safety 16 discomfort -- let me withdraw that question. 16 issue. And so you were, you were in the middle of a 17 If a customer expressed concerns about PCBs 17 dilemma. 18 being detected in the environment as of April 3rd, 1970, 18 Q. Was it an effective fire retardant? 19 would you have encouraged the salesman to continue to 19 A. It was an effective fire retardant. 20 persuade them to buy more PCB-containing Aroclors? 20 Q. And as a Plasticizer as well as a functional 21 MR. DIMURO: Object to the form. 21 fluid? 22 A. No, I don't think I would. 22 MR. DIMURO: Object to the form. 23 Q. (By Mr. Turet) Okay. If a customer was 23 A. Well, I think it's use in vinyl PVC for example 24 purchasing less PCBs after receiving the February 1970 24 was much more limited because it wasn't particularly 25 letter from Monsanto, would you have encouraged your 25 effective there for a whole variety of technical reasons. Page 137 - Page 140 TOWOLDMONOQ51880 CUMMING PATONCondenselt! TMJUNE 25, 1998 Page 141 Page 143 1 But in other resins, it was compatible with the resin and 1 Q. (By Mr. Turet) Now coming back to your April 2 it had good fire retardant properties and it had good 2 3rd memo for a moment, if I'm understanding correctly, 3 chemical resistance. It weathered well and it was 3 this is, this is saying that the Technical Bulletin 306 is 4 stable. 4 out of date, we're not printing any more of them. At some 5 And what you want in a fire retardant is 5 point in the future, we're going to be printing a new 6 something that retains its fire resistance for the length, 6 Technical Bulletin. Is that what you were communicating 7 the life of the product. Now, if you say well it turns up 7 in this memo? 8 in the environment, but it doesn't break down from the 8 A. Yes. Basically, yes. 9 fire resistance, if it doesn't breakdown from the fire 9 Q. And in the last paragraph, I think specifically 10 resistance standpoint, that's good. From a human safety 10 it says that, you know, reprinting would be misleading, 11 factor, that's good. On the other hand, we're beginning 11 there's various research programs are underway and, you 12 to find out there's other sides too. So how do you 12 know, we want to get the data and publish it later. 13 balance out that equation. 13 MR. DIMURO: I'll object to the form. 14 You know, I assure you that all of us were 14 Q. (By Mr. Turet) Is that an accurate summary of 15 thinking along those lines, but in order to come up with 15 what's been communicated here? 16 the right decisions, you have to have the right set of 16 A. Yes, I think so. 17 information and facts and so on and so forth. 17 Q. What were customers being given in April when 18 And we were dealing with a range of products, 18 they asked about information for Aroclors? 19 not one. Had it been one product, it would have probably 19 A. April of 1970, that's a good question. It says 20 been much simpler. But it was a range from the 20 here many Specialists and that's the type of thing you saw 21 clarification, the biodegradability. And all of that had 21 that had been issued, so that's still available to be 22 to be sorted out. 22 used. And this 311, so whatever that is, I've forgotten 23 Q. (By Mr. Turet) Now -- 23 what that was now. If they wanted to get special 24 A. And that took time. 24 information on properties of Aroclors, we could still 25 Q. Sorry? 25 furnish that 306. Page 142 Page 144 1 A. I say it took time. 1 Q. I have no further questions on that. 2 Q. Did you finish your answer? 2 MR. TURET: Off the record 3 A. I'm finished now. 3 (A discussion was held off the record.) 4 Q. As an aside, you just mentioned that Aroclor PCB 4 MR. TURET: Let's mark this as Paton 9. 5 containing Plasticizers were of limited effectiveness in 5 (Exhibit Paton 9 was marked for identification 6 PVC formulations. Why is that you say for a variety of 6 by the reporter.) 7 technical situations? 7 MR. TURET: For the record, Paton 9 is a 8 A. Well, you couldn't, if you want to, Plasticizers 8 document just marked with Bates No. MAE 059952. It's a 9 soften PVC and you want to do it with the least amount of 9 call report April 22nd, 1970. 10 Plasticizer as you can. Some products, the Santicizer 160 10 Q. (By Mr. Turet) Mr. Paton, have you seen this 11 dioctylphthalate was very effective, not a great deal of 11 document before today? 12 it to soften. Aroclors didn't soften very much, so you 12 A. I see it's got, I don't know if that's my 13 had to add a great deal more. And if you had added too 13 squiggle having looked at it or Walt Waychoff. I can't 14 much, the stuff oozed out. So it wasn't the product, if 14 recall having seen it. I may or may not. It's hard for 15 you were just looking for softening and plasticizing 15 me to say. 16 action, that would have not been the one you would have 16 Q. Is this the type of call report that you 17 gone to right off the bat. 17 referred to earlier that a field salesman would fill out 18 Q. What about where it was used in conjunction with 18 and send on to the marketing manager? 19 DOP? 19 A. The format and how it got distributed and so 20 MR. DIMURO: Object to the form. 20 on. That was the general organic division format at the 21 A. Well, as I recall, I think it was more 21 time. 22 expensive. It was heavier, denser. Therefore, again, 22 Q. And the reference after your name and after 23 that's not to say it wasn't used; I think it was. But it 23 Mr. Waychoff's name is D.H. Bechtold. Was that typically 24 was never, you know, to my knowledge, it was not an area 24 the spot where the regional sales manager and location 25 that we would have been pursuing very much its use in PVC. 25 went? Page 141 - Page 144 TOWOLDMONOQ51881 CUMMING PATONCondenselt!TMJUNE 25, 1998 Page 145 Page 147 1 A. Yes. 1 evaluating a new product to replace Aroclor in caulking 2 Q. Under objectives, there's a No. 2 it says quote 2 compounds. 3 identify reasons for below budget purchases of Aroclors. 3 Q. (By Mr. Turet) And down below where it says 4 First of all, was that the type of objective that was 4 attention Cumming Paton, have you heard anything about 5 listed by a salesman, he was sent out to find out why 5 such a product and do we have any ammunition to fight it 6 there was a discrepancy between projected purchases and 6 with, is that the type of communication you typically 7 the actual purchases? 7 received from a field salesperson in your capacity as 8 A. They would, the salesmen would often set their 8 market manager? 9 own objectives on the sales calls, mostly would, because 9 A. I would get questions like that, yes. 10 he would be in the best position to know what the 10 Q. Do you interpret that to mean that he was 11 objectives would be. The sales manager might have some 11 looking for information with which to win the customer 12 input. I might, or any other market manager might ask in 12 back over in purchasing Aroclors with the caulking 13 particular. I can't, I don't know whether this came from 13 compound? 14 the salesman's own initiative or some coaching from his 14 MR. DIMURO: Objection. Form. 15 regional sales manager, because apparently the regional 15 A. No, I would look at that and say, okay, the 16 sales manager was introducing the salesman. So I guess he 16 customer's evaluating a lower cost material and he's 17 was either new in selling in Monsanto, the name certainly 17 looking at something that seems to be a by-product from 18 doesn't ring a bell with me, or he was new to that 18 some other application or manufacturer or something four 19 account. 19 to five cents a pound cheaper than Aroclor. 20 Q. Now the date of call, April 22, 1970, is that 20 And, frankly, my response to that would have 21 the date in which the salesperson would have met with the 21 been look, have you any idea what kind of product this is 22 customer? 22 because we might be better looking at a product other than 23 A. Yes. 23 Aroclor. Because I certainly wouldn't propose to reduce 24 MR. DIMURO: Objection. Form. 24 my price on Aroclor four to five cents a pound against 25 A. As far as I know. I've got to go by what's up 25 something which is a by-product which could come down even Page 146 Page 148 1 there. 1 lower. Because if that information got out in the field, 2 Q. (By Mr. Turet) But would you agree that the 2 the whole market price of Aroclor goes down. So my first 3 format was that that would usually be, the date of the 3 response would be to say I'm not going to cut the price. 4 call would mean the date the salesman met with the 4 Q. (By Mr. Turet) But you would agree that the 5 customer? 5 salesman was looking for information from you with which 6 A. Yes. 6 to win back the customer over to the purchase of Aroclor? 7 Q. And date received down below it, what does that 7 A. I would say that he was, yes, and he might well 8 date indicate? 8 have been wanting me to agree with him that the only way 9 A. There's a date typed and date received. The 9 to do it is to cut the price. And I assure you that 10 date received, I'm not sure who's receiving it at that 10 usually isn't my, I usually don't give in on that kind of 11 point because I find it would be odd, if it was typed in 11 thing very easily. So he would have probably been told no 12 Chicago, it certainly wouldn't have gotten to St. Louis on 12 if I was around to answer. But I, I don't know what I did 13 the same day because we would have been relying on mail to 13 in that situation. 14 deliver it. 14 Q. I have no further questions on that one. 15 Q. Sure. Now have you read the part that begins 15 MR. TURET: Mark this one as Paton 10. 16 new competition for Aroclors? 16 (Exhibit Paton 10 was marked for identification 17 A. Let me do it now. 17 by the reporter.) 18 Q. And can you take from that, as I do from the 18 MR. TURET: For the record, Paton 10 is an 19 paragraph, that the particular customer whose name is 19 August 14, 1970 letter on Monsanto letterhead from Walter 20 deleted from the call report was evaluating a replacement 20 Schalk, Bates Nos. MAE 054468 dash 69. 21 product for an Aroclor Plasticizer product - 21 MR. DIMURO: Do you want him to read the whole 22 MR. DIMURO: Object to the form. 22 thing? 23 Q. (By Mr. Turet) -- caulking compound? 23 MR. TURET: No. 24 MR. DIMURO: Object to the form. 24 Q. (By Mr. Turet) Honestly, I'm just going to ask 25 A. I read it that the customer is, indeed, 25 if you've seen it before today. Page 145 - Page 148 TOWOLDMONOQ51882 CUMMING PATON Condenselt! TM ,JUNE 25 1998 Page 149 Page 151 1 A. I can't recall when I seen it, but I'm almost 1 Q. With both of them. 2 certain I did. 2 MR. TURET: Let's mark this one, mark this one 3 Q. I'm directing your attention to the second page, 3 as Paton 12. 4 the second paragraph there's a reference or a statement 4 (Exhibit Paton 12 was marked for identification 5 quote the latest available bulletin on our line of 5 by the reporter.) 6 Aroclors is enclosed for your use. This publication 6 MR. TURET: For the record, Paton 12 is 7 replaces and supersedes Bulletin O/pl-306 dash Aroclor 7 MAE 054596, and it's a December 21, 1971 letter. 8 Plasticizers. 8 Q. (By Mr. Turet) Mr. Paton, is this a document 9 MR. TURET: I guess we should mark this too. 9 that you authored? 10 Can you mark this as Paton 11? 10 A. Almost certainly, yes. 11 (Exhibit Paton 11 was marked for identification 11 Q. And it's addressed to Armstrong Cork Company 12 by the reporter.) 12 which I represent to you is the same Armstrong as is a 13 Q. (By Mr. Turet) Mr. Paton, you're being shown a 13 defendant in this case. What is this letter and why did 14 document now that's marked Paton 11 and that is Technical 14 it come about? 15 Bulletin O/PL-306A. 15 A. Well, Mr. Wilkinson and I it appears had a 16 MR. TURET: What are the Bates numbers on that? 16 conversation and I, and as a result of that, I sent him a 17 MR. DIMURO: MAE 054470 through 86. 17 letter of the notification of discontinuation of Aroclor 18 Q. (By Mr. Turet) Okay. Have you seen that 18 or Therminol FR transfer fluid. And also telling him that 19 document before today, Mr. Paton? 19 as a result of his request, I'm sending this to somebody 20 A. This letter or this document? 20 else at Lancaster and to somebody in Macon, Georgia. And 21 Q. No, the one that's marked Paton 11. 21 I guess these would be Armstrong plant personnel, I would 22 A. I'm not really sure if I have, frankly. But I 22 guess. 23 probably have. I'd have gotten it, probably in my Latin 23 Q. Now there's a reference to Therminol 55 and 66. 24 American role they would have sent me that. 24 Those are non-PCB containing products? 25 Q. From your employment with Monsanto, was it your 25 A. Non-PCB containing products. Page 150 Page 152 1 experience that it was common to supersede a prior 1 Q. Were all of the Therminol FRs PCB containing 2 Technical Bulletin with the same number plus an A at the 2 products to your knowledge? 3 end? 3 A. I think they were. I'm pretty certain they 4 A. It varied. Some people would have given it a 4 were. 5 new number. Some for purposes of identification, easier 5 Q. Now, did you have occasion personally to 6 reference might have given it, added the A. You know, 6 communicate with individuals at Armstrong, Mr. Paton? 7 that, that could be to the discretion of almost any market 7 A. I think I may have visited Armstrong once or 8 manager almost. 8 twice at Lancaster when I was in the Plasticizer area in 9 Q. You see the Technical Bulletin 306A, now does 9 1966 to 1970. I vaguely remember what I may have done. I 10 that suggest it is a Technical Bulletin that replaced 10 can't remember who I talked to nor much about what the 11 Technical Bulletin 306? 11 subject was. You know, my guess is it might have had 12 A. Yeah, that would be one interpretation of it. 12 something to do with some supply or commercial issue. I'm 13 That's how I would see it. 13 not really sure at this time, I just vaguely seem to 14 Q. Do you know one way or the other whether 14 remember. 15 Technical Bulletin 306A was distributed to customers 15 Q. Do you remember whether that trip related to 16 before this August 14th, 1970 letter? 16 Plasticizers being purchased for floor products versus for 17 A. I really don't know. I don't know. 17 something else? 18 Q. That was when you were in Latin America? 18 A. I think it might have been floor products. In 19 A. Yeah, I'm pretty certain that I was because 19 fact, I think it definitely was floor products. But what 20 this, as I say, this is something that I can't recollect 20 it was, I don't know. I don't remember. 21 having seen. And I can't remember what came on this, so I 21 Q. Do you remember Mr. Wilkinson at all? 22 just don't know. 22 A. No. Other than this, seeing this name here. 23 Q. I have no further questions on those. 23 And I don't know if he initiated this conversation on 24 A. Okay. On either of them, the letter or 24 December the 20th or I did. You know, it's hard for me 25 bulletin? 25 now to say who initiated it. Page 149 - Page 152 TOWOLDMONOQ51883 CUMM1NG PATONCondcnscit! TMJUNE 25, 1998 Page 153 Page 155 1 Q. Now you mentioned visits to Lancaster. Do you 1 department to assist customers who had to convert the PCB 2 remember any instances where individuals from Armstrong 2 fluid which was a fire resistant fluid to a non-fire 3 came out to St. Louis to meet with you there? 3 resistent fluid. And therefore, we wanted to offer to 4 A. I don't think anybody ever came from Armstrong 4 those customers who thought it would be helpful some of 5 to visit me in St. Louis. I seem to recall hearing that 5 our engineers to go in there and to try to help them to 6 Armstrong was in visiting the Joe Darby's and, and people 6 make sure that in doing so, we minimized the chances of 7 like that, but I can't remember sitting in on any of those 7 fire from the non-fire resistant fluid. And it seems as 8 meetings. 8 though Frank, and Frank was one of those who did, and he 9 Q. And do you remember telephone communications 9 did a very fine job for Armstrong in that regard. And I 10 between you and anybody over at Armstrong during your 10 passed my thanks on to him. 11 employment at Monsanto? 11 Q. Now, the handwritten Jim up top, is that Jim 12 A. Other than this one, and this was more in the 12 Springate? 13 fluid area, I don't think so because my involvement with 13 A. Yes. 14 Armstrong was not very extensive. There would have been 14 Q. His note states that as a result of your help, 15 other people that would have had more extensive contacts 15 it looks like we're still in good graces with our number 16 from marketing and tech service than I did. And the 16 one customer. Why would he have referred to Armstrong as 17 normal, it would have been unusual for me to have back in 17 number one customer back in March of 1972? 18 that time, for it to have gone directly to a customer 18 MR. DIMURO: Object to the form. 19 without, you know, using a salesperson as the medium. 19 A. Well, Jim was the business director of 20 Q. And based on the BCC list on this particular 20 Plasticizers. And Monsanto was a big supplier of 21 letter, who was the salesman if you could tell? 21 Plasticizers to the Armstrong flooring tile business or 22 A. Well Slayton would have been the one responsible 22 flooring products business and a very valued customer. 23 for Lancaster, Pennsylvania. Phil Slayton was who, yeah, 23 And, therefore, I think he was pleased that 24 I think he was also New York or New Jersey somewhere I 24 another part of Monsanto had come around and, you know, 25 believe. Ray Ford was out of Atlanta. Fred Sutton would 25 had helped instead of screwing up his business. So often Page 154 Page 156 1 have been the salesman. And Paul Gann, Jim Roder and Don 1 in companies, you get a problem with sometimes the help 2 Roush were all in my group in fluids. They all reported 2 you give one division, you know, doesn't help the other, 3 to me. 3 you know, that's not unusual. So it's good to know at 4 Q. When you said Phil Slayton was responsible for 4 least we were all marching in the same direction. 5 Lancaster, was he the salesperson? 5 Q. (By Mr. Turet) Do you know if that was 6 A. Well, no, Lancaster would have fallen into his 6 literally true, that Armstrong was the number one 7 sales region, but he was a regional sales manager. 7 customer? 8 MR. TURET: Let's mark this one as Paton 13. 8 A. I don't know if it was literally true. They 9 (Exhibit Paton 13 was marked for identification 9 were very important. Certainly, if I wore my nonvinyl 10 by the reporter.) 10 Plasticizer hat on Aroclors I, and I don't mean this 11 MR. TURET: For the record, it's MAE 058885, and 11 disrespectfully, in terms of volume, they thought they 12 it's a March 7th, 1972 letter. 12 would get the biggest. But clearly they were a very 13 MS. O'CONNOR: What was the date on that 13 valuable customer of Monsanto overall and I had nothing 14 letter? 14 but good reports of the Joe Darbys and the people who 15 MR. TURET: March 7th, 1972. 15 dealt with them. It was a close and good working 16 Q. (By Mr. Turet) Mr. Paton, have you seen this 16 relationship from what I could observe. And clearly, we 17 document before today? 17 took seriously trying to help people when they 18 A. I must have because I recognize the well done. 18 discontinued the FR products. 19 I must have passed it on to Frank Calkins because that 19 Q. By the way that reference to, in the first 20 looks like my well done. So, yes, I obviously did. 20 paragraph at the end, FR-ll - 21 Q. And Frank Calkins was somebody who worked under 21 A. I think that's just a typo. That has to be 22 you? 22 because there wasn't an FR-ll material. I'm certain 23 A. Well, what we did when we were getting out of 23 that's supposed to be FR-l. 24 the fire resistent heat transfer business was we pooled 24 MR. TURET: Would you mark this as Paton 14? 25 together a team of about eight people from our engineering 25 (Exhibit Paton 14 was marked for identification Page 153 - Page 156 TOWOLDMONOQ51884 CUMMING PATONCondenselt!TMJUNE 25, 1998 1 by the reporter.) Page 157 Page 159 1 to you in the aftermath of the Kimbrough study? 2 MR. TURET: For the record, Paton 14 is a 2 A. I don't unless there's any you know listed. 3 document Bates Nos. MAE 021966 through 21969. 3 Q. I'll represent to you your name is not on the 4 MR. DIMURO: Go ahead and shoot. 4 list that follows. 5 Q. (By Mr. Turet) Mr. Paton, have you seen this 5 A. Well in that case, no. 6 document before today? 6 Q. Okay. Do you remember before this February 1975 7 A. I can't recall it. But, frankly, I was present 7 study any reference, any other studies that suggested that 8 at the meeting, so I don't know. Probably, yes, I see I 8 PCBs could cause cancer in humans? 9 was copied as well, so I probably did see it. 9 MR. DIMURO: Objection to the form. You can 10 Q. Now, this was February 10th, 1975? 10 answer it. 11 A. Yes. 11 A. I don't think I do. I can't recall it. 12 Q. You were product manager then? 12 MR. TURET: I have no further questions at this 13 A. I think that would have been my titlethen, yes. 13 time. 14 Q. Why were you included in this meeting as a 14 MR. O'CONNOR: I have probably about 45 minutes 15 product manager? 15 of questions. Do you want to take a quick break before I 16 A. Because I presumably, because, because it was, I 16 get started? 17 was still involved with dielectric fluids. And at that 17 (A short break was taken.) 18 time, I think the only products that Monsanto would have 18 EXAMINATION 19 been selling containing PCBs would have been the 19 QUESTIONS BY MR. O'CONNOR: 20 dielectrics. 20 Q. Mr. Paton, my name is Brian O'Connor. We were 21 Q. What's the earliest time you remember hearing 21 introduced what seems like many hours ago. I'm an 22 that any study had suggested that pcbs might be capable of 22 attorney from New Jersey and I represent the plaintiffs 23 causing cancer in humans? 23 who have brought this lawsuit against Armstrong World 24 MR. DIMURO: Objection. Form. 24 Industries. 25 A. I can't recall the exact date I'd have heard 25 You have been produced as a witness at the Page 158 Page 160 1 that. As this memo indicated, it was something that was 1 request of Counsel as someone who may have relevant 2 relatively recent because Dr. Kimbrough's studies had just 2 knowledge. You have not been designated as a particular 3 recently been completed so - 3 type of witness to my understanding in this particular 4 Q. (By Mr. Turet) Do you remember personally being 4 case. Can you tell me how many times you've met with 5 involved in the meeting with Dr. Kimbrough relative to her 5 Counsel prior to today's deposition in preparation for 6 study? 6 today's deposition? 7 A. No. And I think it's almost certain that I 7 A. I've met once. 8 would not have been because I would have had nothing to, 8 Q. Was that yesterday? 9 there would have been no reason for me to be there because 9 A. Yes. 10 that would not have not been my area of expertise at all. 10 (Mr. DiMuro exited the deposition room.) 11 Q. Does this memo suggest that you did attend a 11 Q. Were you shown a serious of documents by 12 meeting with Dr. Kimbrough or that it was a meeting for 12 counsel? 13 others in Monsanto to discuss this? 13 A. I was shown several documents, yes. 14 A. This I think is a memo to Papageorge informing 14 Q. Can you approximate for me how many documents 15 him that the following nine people had met with him to 15 you were shown? 16 review the results of a study recently completed by 16 A. It's hard to say because I didn't pay any 17 Dr. Kimbrough. 17 particular notice. 18 And apparently, those who would have had a 18 Q. Were the documents, were they authored by you or 19 meeting with Levinskas were in the medical department, as 19 directed to you or copied to you? 20 I recall, at the time, in Washington with the Cancer 20 A. I think most of them were, but there might have 21 Institute reviewing Dr. Kimbrough's results. But I would 21 been some that weren't. But it's hard for me to say 22 not have been present at either, any review with 22 because I just sort of read them and didn't pay that much 23 Dr. Kimbrough or with any meeting at the National Cancer 23 attention. 24 Institute. 24 Q. When did you first find out about this 25 Q. Do you recall having any specific tasks assigned 25 particular lawsuit pending in New Jersey? Page 157 - Page 160 TOWOLDMONOQ51885 CUMMING PATQN ______________ Condenselt!TM JUNE 25, 1998 Page 161 Page 163 1 A. I think it was just a few weeks ago. 1 market manager, correct? 2 Q. You were contacted a few weeks ago about 2 A. A fair amount. It would have been, you know, 3 appearing for a deposition? 3 there wasn't an extensive number of bulletins, but I don't 4 A. Yes. 4 know if there was one or two or how many more, but there 5 Q. How many times have you testified on behalf of 5 were bulletins that had been around and produced for some 6 Monsanto as it relates to polychlorinated biphenyl 6 time before that. 7 litigation? 7 Q. Do you recall ever providing anything specific, 8 A. Several times I think. 8 any specific information that related to Aroclor 1254 or 9 Q. Mr. Turet asked you earlier how many times 9 Aroclor 1260 that ended up in a Technical Bulletin? 10 you've been deposed. 10 A. Me, personally? 11 A. Was it five times I said? I think it might have 11 Q. Yes. 12 been five or more. But I haven't kept track of the exact 12 A. I don't think so. Not in a bulletin. The 13 number of times. 13 nearest would have been maybe that when we went from this 14 Q. When you appeared and testified on behalf of 14 O/PL-306 to 306A, but I don't think that I really did 15 Monsanto in a deposition, was that all related to 15 306A. It was in the planning process or already done when 16 polychlorinated biphenyl litigation? 16 I moved positions. 17 A. Yes. 17 Q. As part of your duties and responsibilities as 18 (Mr. DiMuro re-entered the deposition room.) 18 market manager of the Plasticizer division, did that 19 Q. (By Mr. O'Connor) Earlier, you told Mr. Turet 19 entail providing information as to appropriate uses and 20 as market manager of the Plasticizer division, part of 20 applications of the Aroclor lines and providing that 21 your duties was to support the group field salespeople. 21 information to your salespeople? 22 A. Yes. 22 A. It would have been the extent that it was asked, 23 Q. And also to provide commercial guidance; is that 23 I would refer them to the bulletins. If there would have 24 correct? 24 been any further information, I would have funneled the 25 A. Yes. 25 requests to the medical department who either would have Page 162 Page 164 1 Q. Did that include providing any information 1 sent the reply back through me or they might have gone 2 received from customers with reference to Technical 2 back to the customer, but it was probably changed from me 3 Bulletins? 3 to the salesman back to the customer. 4 A. In general terms, yes. If a salesman met a 4 Q. If research and development, hypothetically, or 5 customer who had a query about one of our bulletins or if 5 some other department in Monsanto contacted you as market 6 that salesman couldn't have answered a question to the 6 manager, and provided you with some information as to 7 customer's satisfaction, then it would have been covered 7 applications and uses for a particular Aroclor line, is 8 in a call report or he might have called me about it. But 8 that something that you would have passed on to your 9 I can't recall any specific instances. It wouldn't have 9 salespeople? 10 probably been a very common occurrence. 10 A. If it, if it was something that needed to be 11 Q. When you became market manager of the 11 disseminated either to a specific customer or to all 12 Plasticizer division, the Aroclor business, including the 12 customers or potential customers or it might have just, in 13 Aroclor line 1254 and 1260, was up and running already, 13 some cases, the information might have been internal, look 14 correct? 14 we are developing a new product and here is where we stand 15 A. Oh, yes. Yes. 15 in terms of its performance. Then that would be just kind 16 Q. There was already Technical Bulletins and Blue 16 of an internal, you know, communication as part of your 17 Books on those particular products, correct? 17 developing program as opposed to a full-scale commercial 18 A. There were Technical Bulletins. The Blue Book 18 program. If that's the kind of question you're asking. 19 was kind of a loose leaf binder type thing that covered 19 Q. Well, my question is, for instance, if Monsanto 20 all or most all of Monsanto's products and Plasticizers. 20 had made a decision to make a recommendation not to use 21 So it was not just Aroclors. It was whatever we produced, 21 Aroclor 1254 or 1260 in certain applications, is that 22 but part of the Plasticizer product line. 22 information that you would have expected that you would 23 Q. My question is though, there was a significant 23 pass on to your field salespeople? 24 amount of written literature with regard to capabilities 24 A. Yes. If indeed it was a product that, yes, 25 and the uses of the Aroclor lines when you took over as 25 probably. Page 161 - Page 164 TOWOLDMONOQ51886 CUMMING PATONCondenselt!TMJUNE 25, 1998 Page 165 Page 167 1 Q. Okay. And the time that you spent as a market 1 A. I think as I testified earlier today, it was 2 manager for the Plasticizer division, do you recall ever 2 because an article or some document crossed my desk which 3 communicating to your field salespeople any information as 3 referenced the Jensen and Widmark studies in Sweden. Or, 4 it related to a recommendation to avoid certain 4 in fact, it might have been a copy of the article they 5 applications or uses of Aroclor 1254 and Aroclor 1260? 5 published. 6 A. Not that I can specifically recall. 6 Q. Do you have a specific recollection of learning 7 Q. Do you recall any distinction being made by 7 that in fact PCBs were an environmental contaminant? 8 Monsanto during time that you were market manager from I 8 MR. DIMURO: Object to the form. You can answer 9 believe it was '67 to '70? 9 it. 10 A. Yes. 10 MR. O'CONNOR: What's the objection? 11 Q. Any distinction made between the use of Aroclor 11 MR. DIMURO: The question was if PCBs were an 12 1254 and 1260 in open use versus a closed system? 12 environmental contaminant. 13 A. I don't think I do. I know that at some point 13 MR. O'CONNOR: If he has a recollection of 14 the term open versus closed came about. I can't recall at 14 learning that. 15 what time frame it did come about. I think in any case it 15 MR. DIMURO: Okay. 16 was post 1970, but I couldn't swear to that. 16 A. Not so much a contaminant present in the 17 Q. So you're just uncertain when, but the 17 environment. And for I would say at least two years, you 18 distinction from open versus closed uses came to your 18 know, after I learned about it, there was still the 19 attention? 19 question as to whether, because they were present in the 20 A. That's probably a fair statement. If I can 20 environment, were they, you know, creating a problem. Or 21 refer back to your previous question about the technical 21 was this linked to the products that were found in contact 22 department informing me of either product information that 22 with things, which was things like DDT and other 23 could go to customers or applications or uses of products 23 chlorinated materials. And that was part of the, the 24 that shouldn't be made, that would not necessarily just go 24 on-going research, investigation process that took place 25 to me or go to me only, because in the Plasticizer group, 25 within Monsanto in that '68, '69, you know, time frame. Page 166 Page 168 1 we had, in fact, encouraged people from our customer 1 Of which I was not really, didn't have the expertise to 2 service labs to go out and make calls with salespeople. 2 really participate or contribute in that. 3 So in some cases, it's highly likely that that information 3 Q. (By Mr. O'Connor) At some time, did you gain an 4 would have been passed directly from a Monsanto technical 4 understanding that pcbs were not ready biodegradable? 5 service person directly to the customer's technical area. 5 A. Yes. 6 I might have known about it through a call report later 6 Q. Do you recall when that was? 7 but that would have been, that certainly would have come 7 A. That was probably more in the, I would think 8 up about part of the technical discussion between the 8 more in the '69, late '69, early '70 time frame. 9 customer and us. 9 Q. Do you recall being provided with any 10 Q. Let me ask you, you've been asked several 10 information from Monsanto that Monsanto was concerned with 11 questions and saw several documents today and I'm still a 11 potential toxicity of pcbs? 12 little uncertain as to the time frame of when you became 12 A. I think as I recall back in, sometime in, I'm 13 aware of certain things as it related to PCBs. 13 not sure, '68 or '69 we embarked upon a program with 14 A. Okay. 14 Industrial Bio-Test to do feeding studies and so on. And 15 Q. And if reviewing the documents or answering some 15 I think that was more just out of trying to determine how 16 of these questions has refreshed your recollection, let me 17 know. 18 Can you tell me when you became aware that PCBs 19 were environmental contaminants or potentially an 20 environmental contaminant? 21 A. The earliest that I would have heard about them 16 toxic are these materials, do they all behave the same, 17 you know, etc., etc. 18 Q. At that time - 19 A. So up until then, there were allegations that 20 were not really, you know, I don't think had been proven 21 one way or the other. 22 being linked to being found or allegedly found in the 23 environment would have been sometime in the early part of 24 1968. 25 Q. And how is it that you recall that? 22 Q. At that time, do you know whether or not 23 Monsanto had a concern as to the uses and applications of 24 the Aroclor line at the time they were conducting those 25 animal studies? Page 165 - Page 168 TOWOLDMONOQ51887 CUMMING PATON Condenselt! TM JUNE 25, 1998 Page 169 Page 171 1 MR. DIMURO: I'm going to object to the form. 1 understanding that there was a potential for human 2 MR-O'CONNOR: What's the objection? 2 exposure of PCBs through the food chain? 3 MR. DIMURO: I don't think he said Monsanto was 3 MR. DIMURO: Any particular time period? 4 conducting animal studies. 4 MR. O'CONNOR: I'm just asking if he came to 5 Q. (By Mr. O'Connor) Well, let me back up. 5 that understanding at a particular time. 6 Mr. Paton, I believe you told me that at some point in 6 A. I think I came to an understanding when I came 7 time in late '68 early '69 you were provided information 7 back from the Latin America assignment into fluids. I 8 that Monsanto was engaged in some type of testing as it 8 think that, I think that was when I was more aware of it. 9 related to potential toxicity to animals, correct? 9 I may not, I may have been somewhat aware of it. 10 A. They embarked in a study, as I understand it, 10 Q. (By Mr. O'Connor) Do you recall any time in 11 with Industrial Bio-Test to do, for Industrial Bio-Test to 11 1969 where Monsanto made a representation as to what it 12 do feeding studies using Aroclor PCBs and, you know, that 12 felt was a safe level of polychlorinated biphenyl for 13 was then going to be, well, to determine if some of the 13 human beings to ingest? 14 allegations that were being made in some of the media or 14 A. I can't recall Monsanto doing that. I seem to 15 literature reports were accurate or not as to what extent 15 recall there was a Federal Register Directive if that's 16 were they potentially toxic. 16 the right term. I don't know if that was the FDA or EPA 17 Q. Do you recall the, or is it your recollection 17 that talked various levels. And again, I'm hazy now as to 18 that Monsanto hired IBT to perform those tests? 18 when that was published. 19 A. I think they did but I'm not the best person to 19 Q. Let me show you a document that's been marked 20 ask that. There would be others that would be much better 20 Papageorge 3 at a previous deposition. And I don't have 21 able to answer that than I. 21 copies of this, so if you don't mind, I'm going to stand 22 Q. At the time that testing was being done by IBT, 22 over your shoulder. Take a moment first, let's identify 23 do you have a recollection as to whether or not Monsanto 23 it. It's dated March 10th of 1969 and has been marked 24 had a concern about particular applications or uses of the 24 Papageorge 3. It contains MAE 053277 through 279. And up 25 Aroclor lines? 25 at the top on the right, I'm just going to ask you, it Page 170 1 A. Concerned might be too strong a term. I think 2 there was, some of the documents that I was shown today Page 172 1 says to file and there's a list of gentlemen on the 2 right-hand side and it says C. Paton slash K. Wells. Is 3 indicated among some of our people as to how could the PCB 3 that you? 4 have gotten itself to the point where it was actually 4 A. That almost certainly is me, yes. 5 discovered. Sweden was certainly a case in point. To the 6 best of my recollection, we sold little or no PCBs in 7 Sweden. So there was a great deal of puzzlement about 8 whether they were. 9 The other thing was, was it only to be 1254, 5 Q. Even though there's a misspelling of your name. 6 Take a moment out and read that. 7 A. The whole memo? 8 Q. Yes, please. Okay.You've had an opportunity 9 to read that, Mr. Paton? 10 1260? That led to a whole bunch of other conjectures. So 11 it was like a jigsaw puzzle to which we didn't have all 12 the answers. 10 A. Yes. 11 Q. Mr. Paton, this is a memorandum from March 10th 12 of 1969 and it states notes on meeting Industrial Bio-Test 13 Q. Well, do you know whether or not Monsanto was 14 recommending closed uses for the Aroclor 1254 and 1260 15 line back in 1969? 16 A. Well, we were continuing to sell in the fluids 13 Laboratories, Inc. and references Aroclor dash wildlife. 14 Do you recall getting this document back in '69? 15 A. I almost certainly did. You know, I wouldn't 16 have but since you're showing it to me, I wouldn't have 17 area which were perceived as the very nature of where they 18 were being used that they, you know, were in closed 19 systems. Because in the heat transfer system, you don't 20 want anything leaking out of it. And in the dielectric 21 use, certainly you want it to be in a sealed container 22 type use regardless of whether it's, whatever chemical it 23 would be. 24 Q. Do you recall when it was -- well strike that. 25 At some point in time, did you develop an 17 remembered, but obviously, I did. 18 Q. Do you have a specific recollection of any 19 discussions you had about that particular meeting? 20 A. No. Because I wasn't present at the meeting. I 21 see what they were planning to do and I would have been, 22 you know, certainly interested in knowing what the 23 on-going results were. 24 Q. You would have been interested because you were 25 marketing manager of a product line wherein this Page 169 - Page 172 TOWOLDMONOQ51888 CUMMING PATONCondenselt!TMJUNE 25, 1998 Page 173 Page 175 1 particular document contemplates testing on that 1 and then it lists with Roman numerals tests to be 2 particular product, correct? 2 performed on rats, chickens, fish, mallards, and various 3 A. Yes. 3 studies on dogs. Do you agree with that? 4 Q. And was this somewhat of an unusual event that 4 A. Yeah, I agree with that. 5 Monsanto would hire a laboratory to do tests on a 5 Q. Do you recall getting that information with 6 particular product? 6 regard to the specific tests that were being performed on 7 MR. DIMURO: i'll object to the form. You can 7 certain lab animals? 8 answer it. 8 A. I would not have necessarily seen and can't 9 Q. (By Mr. O'Connor) In your personal experience 9 recall seeing the exact protocol and details of the tests 10 at Monsanto. 10 that were going to be performed. 11 A. At that time, that was probably the first case 11 Q. Right. 12 that I was aware of. But then I was at that point in time 12 A. I would have, you know, this is the kind of 13 relatively new to Monsanto. Certainly in my experience 13 information that would have been useful for me to know. 14 with Monsanto as a whole, this would not be unusual. 14 And from this, I can see if they start it now in March of 15 Q. This document references E. Wheeler and W. 15 '69, somewhere in March, that around May of '71 or 16 Richard reviewing background on Aroclor properties. 16 something, they would hope to have some results in rats 17 Recent analytical results by Scott Tucker, history of 17 and dogs and so on. And I would have probably, if nobody 18 Aroclor application uses, REF period to Risebrough's 18 let me know how these things were going, I would have 19 December 1968 paper in Nature. Do you recall that? Do 19 probably asked at some point in time about the program, 20 you recall any involvement of E. Wheeler or W. Richard 20 have any problems cropped up, is it still on track, that 21 with this particular testing of the Aroclor line? 21 sort of thing. 22 A. You mean, when you say particular testing, you 22 Q. On Page 3 it stays discussed requirements of 23 mean what the testing at Industrial Bio-Test was? 23 sampling fish and water in the San Francisco Bay location 24 Q. Yes. Correct. 24 of a lot of Risebrough accusations versus PCB and possible 25 A. E. Wheeler was an industrial hygiene specialist 25 site of very low Aroclor usage. L. Beer indicated $40,000 Page 174 Page 176 1 in the medical department. And therefore, and Bill 1 for this kind of job. Wheeler and Richard said $4,000 2 Richard was a technical, you know, a technology director. 2 plus a row boat. 3 They would have been natural people to have worked with 3 It goes on to state defense seems to have these 4 the Industrial Bio-Test people in setting up the type of 4 elements. Roman Numeral I, Aroclor not intended to be 5 program that was deemed necessary to learn more about the 5 spread around period. Used in closed systems comma, 6 products. 6 recycle of material comma limited exposure period. Dash 7 Q. Would you agree with me that this document is 7 most but not all Aroclor uses meet the above description. 8 basically notes from a meeting where employees, where 8 When you received this document back in March of 9 representatives of Monsanto met with representatives of 9 1969, Mr. Paton, what did you understand defense to mean? 10 Industrial Bio-Test Labs and discussed the testing of 10 A. It's impossible for me now to go back and say 11 Aroclor, the Aroclor line? 11 what did I think in March of 1969 because there could be 12 MR. DIMURO: I'm going to object to the form. 12 several interpretations I think to it. So if you're 13 You can answer it. 13 asking me what did I really think at the time -- 14 A. Well, I'm not sure if they were going over 14 Q. Right. 15 studies already in place or if they were planning a 15 A. -- I, you know, I can't answer because I can't 16 program. I didn't, you know, I skimmed through it fastly 16 remember. 17 but it's my understanding if there wasn't a program 17 Q. Okay. Well, where it states used in closed 18 already in place they were planning to get one in place. 18 systems comma was it your understanding back in March of 19 And they also saw that they might need some 19 1969 that Aroclor was to be used in closed systems? 20 other outside assistance and Monsanto thought that they 20 A. No. I wouldn't have thought so. Again, it 21 could provide some through some consultants. And they 21 depends what is meant by closed systems. And I didn't 22 knew about Bio-Test. 22 write this memo and I can't recall discussing with Bill 23 Q. (By Mr. O'Connor) Well, on Page 2 it states 23 Richard after I got it what he meant by these things and 24 Bio-Test consultants job to J. Calandra dash Otis 24 so I cannot tell you what he meant. 25 Francher. E. Wheeler will report on program to date colon 25 Q. Okay. Well, use of Aroclors in paint, that Page 173 - Page 176 TOWOLDMONOQ51889 GUMMING PATONCondenseltfTMJUNE 25, 1998 Page 177 Page 179 1 obviously wouldn't be use of Aroclor in a closed system, 1 was the type of person that if someone called me or told 2 correct? 2 me of something involving Aroclor from a government agency 3 MR. DIMURO: I'll object to the form. You can 3 standpoint, I'd have passed it on to him, and then he 4 answer it, Dr. Paton. 4 would have dealt with it. But if he wanted to know about 5 A. Well, you could argue that it, I mean there 5 customers or volumes sold for what applications, he would 6 could be someone that said, yes, it might be because it's 6 have come to me. 7 been absorbed into the resin. So does that make it 7 Q. Do you recall Mr. Papageorge testifying in 8 closed? Or is it going to be used like in a capacitor 8 litigation related to PCBs in paint that had been used to 9 where it's in a sealed container? Maybe that makes it 9 paint the inside of grain silos? 10 more closed. 10 A. No, I don't. 11 Q. (By Mr. O'Connor) Well, back in March of 1969, 11 Q. When you took over as marketing manager, do you 12 in your own mind, did you have a distinction as to how 12 recall if there was any mention of any health risks in any 13 Aroclors were to be used? 13 of the Technical Bulletins as it related to the Aroclor 14 A. I don't think in my own mind that at that point 14 Plasticizers? 15 in time that I had really got this open versus closed 15 A. Yes. I think there was reference to chloracne. 16 thing totally differentiated. 16 There was reference to not getting prolonged exposure on 17 Q. And you don't recall when it was that you did 17 your skin as I recall. There might have been others but 18 get an understanding as to the differentiation between an 18 these are two that I recall. 19 open versus a closed use? 19 Q. Were there any, was there any mention of any 20 A. I think when I got involved in the PCB 20 health risks associated with long term exposure as it 21 situation, again, in early '72, then I think sufficient 21 related to toxicity of the product? 22 information had been generated and so on and so forth and 22 MR. DIMURO: I'll object to the form. 23 since I was dealing with, you know, material being used in 23 A. I don't, I don't think so. I can't seem to 24 containers as opposed to being used in plastics, then I 24 recall any, but I'm not sure. 25 began I think to see more clearly some distinctions. 25 Q. (By Mr. O'Connor) Do you recall having any Page 178 Page 180 1 Q. Well this states used in closed systems, recycle 1 discussions with Mr. Papageorge about risks associated 2 of material, limited exposure most but not, most but not 2 with the use of Aroclors on surface coatings? 3 all Aroclor uses meet the above description. 3 A. Having discussions with Mr. Papageorge? 4 A. That's what Bill is saying. 4 Q. Yes. 5 Q. Did you have an understanding that that's how 5 A. I could have, I can't recall specifically, no. 6 most of the Aroclors were being used back in 1969? 6 I might have had. 7 MR. DIMURO: In closed systems? 7 Q. Earlier, Mr. Turet asked you about what he 8 Q. (By Mr. O'Connor) In the definition that 8 referred to as the Yusho incident in Japan. And later on 9 appears there. 9 in response to a question you testified that Mr. Turet had 10 A. I can't recall having thought about it. And 10 brought that to your attention and I just want to 11 today, if I did think about it, I would be applying my 11 clarify. Had you heard of the Yusho incident prior to 12 today's thinking rather than going back to that point in 12 today's deposition? 13 time which is relevant which is March of '69. 13 A. I may have. I'm not sure if, the term Yusho 14 Q. Do you recall working with Mr. Papageorge on the 14 might have been new to me. It might have been something 15 PCB issue? 15 that I was asked before at some other deposition. I can't 16 A. Yes. 16 be absolutely certain. It's certainly something that I 17 Q. What is it that you recall about working with 17 can't recall knowing or hearing about when I was a market 18 Mr. Papageorge? 18 manager. You know, that's not what I might have done, but 19 A. Well, I remember Mr. Papageorge being the 19 I think somewhere along the line I might have heard more 20 individual that was primarily the main interface with 20 about it. I don't know. 21 government agencies. And that kind of worked on a system 21 Q. Did you work closely with Emmet Kelly? 22 of, what's it called, safety, product safety and data 22 A. Not closely. We were colleagues. I would have, 23 sheets which I think was something that was evolving at 23 when he'd have asked me for information, I reported it to 24 that time. And it was a term-like product. Stewardship 24 him. And if I had questions, he gave information to me. 25 was getting into the vocabulary. He was our, you know, he 25 And I was grateful. I think we had a good working Page 177 - Page 180 TOWOLDMONOQ51890 CUMMING PATONCondenselt!TMJUNE 25, 1998 Page 181 Page 183 1 relationship. I respected his capabilities and would 1 page? 2 have, if I had questions regarding toxicity or something, 2 MR. O'CONNOR: I just asked off the top of his 3 I would have gone to him or Elmer Wheeler and let them 3 head. 4 explain it to me. 4 A. Well, judging by the thickness, I would say 5 Q. Did Dr. Kelly frequently provide you with 5 there's a lot less thickness in this one than in this one. 6 information that he had learned with reference to 6 Q. (By Mr. O'Connor) Earlier, Mr. Turet showed you 7 polychlorinated biphenyls and the potential health risks? 7 a document with regard to your statement that 306 needed a 8 MR. DIMURO: Object to the form. You can 8 drastic revision. 9 answer. 9 A. Yeah, it was a memo that I had written. 10 A. Well, he wouldn't have, you know, given me 10 Q. Do you recall what the drastic revision was in 11 details. I think that as I've seen with documents that 11 reference to? Here's a copy of your memo. 12 certainly were circulated, and that I got, I felt that I 12 MR. DIMURO: Just note my objection. I think he 13 was not left ignorant of what was going on. But looking 13 answered that question, but he can answer it again. 14 at documents refreshes some, you know, to some extent 14 A. Is it possible that I can have the answer that I 15 refreshes my memory that I must have seen them at one time 15 gave before read back to me? Well drastically revised, 16 or another. 16 I'm not sure what I meant by drastic. But the resulting 17 Q. (By Mr. O'Connor) Do you recall when you were 17 thing says, well, this is a lot less than the one before. 18 marketing manager Dr. Kelly telling you that he had 18 But I also testified that I didn't, I don't think I did 19 discovered levels of pcbs in milk? 19 the revision that ultimately led to this 306A. 20 A. I can't recall that. 20 Q. (By Mr. O'Connor) Well, your memo states 21 Q. Do you recall any type of incident where he had 21 O/PL-306 must be drastically revised in light of the 22 discovered levels of pcbs or been provided with 22 letter on PCBs that we have sent to Aroclor customers in 23 information that PCBs had been found in cattle's milk in 23 the U.S. and plan to send to U.K. and Canadian customers. 24 Georgia in 1968? 24 Does that refresh your recollection at all as to what the 25 MR. TURET: I take it when you say he had 25 drastic revision was that you contemplated? Page 182 Page 184 1 found - 1 A. Well, the one that I would have contemplated 2 Q. (By Mr. O'Connor) Or had been provided with 2 would have been putting something in there referring to 3 information, correct? 3 the letter or maybe abstracting from the letter the 4 A. He might have done that. I can't recall. 4 information that we had sent in the February 1970 time 5 Q. Do you know if at any time Mr. Papageorge had 5 frame. 6 come forward and stated that there were certain uses for 6 Q. And as you sit here today, you can't tell me 7 Aroclors that should be avoided? 7 based upon your recollection of any drastic revisions that 8 A. No, I can't recall that. 8 are contained in 306A versus 306, correct? 9 Q. Earlier you were shown Technical Bulletin 9 MR. DIMURO: I'll object to the form, you can 10 O/pl-306 and I'll show you that. And I believe you were 10 answer it. 11 also provided with Technical Bulletin O/PL-306 A? 11 A. I've said that there's obviously a great deal 12 A. Yes. 12 less information in the revised one than there was in this 13 Q. I have a copy of that Technical Bulletin with a 13 one. 14 different Bates stamp than what Mr. Turet showed you. 14 Q. (By Mr. O'Connor) Do you recall if the 15 A. The 306 you mean? 15 revisions that you contemplated related to the 16 Q. 306A. And I'm going to show you this second 16 recommendation of the avoidance of certain applications or 17 one. It has Bates MAE 040935 through 040949. 17 uses of Aroclor? 18 MR. TURET: Are you going to mark it has an 18 A. I can't at this time say whether that's the case 19 exhibit? 19 or not. 20 MR. O'CONNOR: No. 20 Q. Let me bring your attention to Page 10 of 306A. 21 A. Now you want to me to -- 21 I'm sorry, it's not Page 10, it appears to be Page 13 22 Q. (By Mr. O'Connor) Off the top of your head, can 22 containing Bates 040947. Do you see environmental 23 you tell me if there's any information contained in 306A 23 hazards? 24 that's not contained in 306? 24 A. Yes. 25 MR. DIMURO: Do you want him to go page by 25 Q. Can you read that, please? Page 181 - Page 184 TOWOLDMONOQ51891 CUMM1NG PATONCondenseltlTMJUNE 25, 1998 Page 185 Page 187 1 A. The whole thing? 1 Q. Do you remember earlier you told us about 2 Q. Yes. 2 Monsanto changing the labels to be affixed to barrels or 3 A. I read it. 3 containers of Aroclor? 4 Q. Does that refresh your recollection at all as to 4 A. Yes. 5 any revisions which you contemplated between 306 and any 5 Q. Okay. Did the revision to the label include 6 subsequent Technical Bulletin? 6 language similar to what I pointed out to you in this 7 A. That doesn't. I, I can't recall having thought 7 Technical Bulletin? 8 through what's in here. 8 A. I can't recall. 9 Q. Well, the last paragraph says some specific 9 Q. Do you recall at any time if certain labels that 10 applications where the use of PCB should definitely be 10 were to be affixed to containers or drums of Aroclor 11 avoided are in mains and sealants for swimming pool paints 11 contained language that recommended the avoidance of a 12 and water proofing agents in silos and other buildings 12 certain application or use of Aroclors while you were 13 where food products for humans or animals are stored and 13 market manager? 14 for any component or container for wrapping used in food 14 A. I can't recall. 15 products. 15 Q. Getting back to this document dated April 3rd of 16 Do you recall when it was that that particular 16 1970, the Aroclor Bulletin, at the bottom it states we 17 recommendation against certain uses was added to the 17 plan to issue a much condensed bulletin giving the 18 Technical Bulletin? 18 physical properties of the various Aroclors without 19 A. No, I don't. 19 reference to applications. Do you recall writing that? 20 Q. Earlier you made reference to looking at the 20 A. I don't recall writing it. But I'm not 21 back of the Technical Bulletin in order to make a 21 disputing that I did write it. 22 determination as to when it was provided. Do you see 22 Q. Can you tell me why Monsanto would put together 23 these numbers at the bottom? 23 a much condensed Bulletin giving the physical properties 24 A. Yes. 24 of the various Aroclors without reference to certain 25 MR. DIMURO: Are you looking at the last page? 25 applications? Page 186 Page 188 1 MR. O'CONNOR: Last page, 040949. 1 A. No. 2 Q. (By Mr. O'Connor) What does that indicate to 2 Q. When you wrote this memo back in April of 1970, 3 you, Mr. Paton? 3 were you concerned at all with the way the Aroclors were 4 A. I'm not sure if it's a 3 or a 9 dash 70. It 4 being used in reference to applications or uses? 5 could be a 3, but I'm not sure. 5 A. I cannot recall now whether I was at that point 6 Q. It appears to me to be a 3. 6 in time or not. 7 A. Maybe. 7 Q. This particular memo, was this addressed 8 Q. If it was a 3, would that indicate that it was 8 primarily to salespeople? 9 March of '70? 9 A. It was addressed to regional sales managers in 10 MR. DIMURO: March of '70 what? 10 the U.S. and to managers that had responsibility for 11 MR. O'CONNOR: When this Technical Bulletin was 11 certain worldwide Aroclors as far as Plasticizer sales 12 available. 12 were concerned, as well as copies to other people in the 13 MR. TURET: March of 1970. This's a cleaner 13 organization in St. Louis. 14 copy. 14 Q. And the bulletin itself that's authored by you 15 A. Could be. 15 doesn't make a distinction between recommending the 16 Q. (By Mr. O'Connor) Well, do you recall whether 16 sales - 17 or not this Technical Bulletin, while you were marketing 17 A. I didn't write the bulletin. 18 manager, came out with that particular recommendation 18 Q. This particular bulletin? 19 against the use of a certain application or use? 19 MR. DIMURO: That's not-- 20 A. I can't recall if it did or didn't. 20 Q. (By Mr. O'Connor) It states, well, I 21 Q. After reviewing the documents today, there's no 21 apologize. It's a - well, I don't know what - 22 doubt you were marketing manager of the Plasticizer 22 MR. DIMURO; i think it's been called a memo. 23 division back in March of 1970, correct? 23 Q. (By Mr. O'Connor) Okay. The memorandum does 24 A. I think so. But as I said, I think I was in 24 not make a distinction between the sale of Aroclor for 25 transition to the new position. 25 open versus closed uses, correct? Page 185 - Page 188 TOWOLDMONOQ51892 CUMMING PATON Condcnselt! TM JUNE 25, 1998 Page 189 Page 191 1 A. My memo? 1 your review of that memorandum, you were not instructing 2 Q. Yes. 2 salespeople to limit the sales of Aroclor 1254 and Aroclor 3 A. It doesn't use the term open and closed I don't 3 1260 to customers for certain uses? 4 think. 4 A. I didn't make any, you know, I didn't make any 5 Q. In fact, it doesn't make reference to any 5 distinction in that memo to Aroclors so, I, I'm not quite 6 distinction between application and uses of Aroclors, 6 sure what that does mean. At that point in time, I don't 7 correct? 7 think I was in a position to say what Aroclors we 8 A. No. Other than it says that we have various 8 shouldn't be selling or what ones we should be selling 9 application research programs underway in hot melts, 9 because as I've just indicated, there was a lot of 10 sealants and coatings involving Aroclors. We want to get 10 information that we were trying to understand and to get 11 the data and then publish is later. 11 more accurately portrayed. 12 Q. But at the date of this memo, there's no 12 Q. The warning letters that, or the warning 13 distinction made direct or toward the sales manager or 13 letter --I'll strike that. 14 salespeople regarding the uses of Aroclor? 14 Are you aware of letters that Monsanto sent to 15 A. When you say distinction, what do you mean. 15 its customers regarding the potential for an environmental 16 Q. Is there a distinction between applications and 16 contaminant created by PCBs? 17 uses? 17 A. There was a letter that we reviewed today which 18 A. No, probably not. 18 I think was dated sometime in February of 1970. 19 Q. You state in here, Mr. Paton, as you know we 19 Q. Do you recall though in February of 1970 a 20 have programs underway to solve the problems the PCB 20 letter going out to various customers who had purchased 21 situation poses for the Aroclor business. What was the 21 Aroclor referencing the potential for environmental 22 problems that you were contemplating at that time? 22 contamination? 23 A. It's very hard for me to sit down and say 23 A. Well, if, you know, I can't now recall what was 24 exactly which ones, but at that point in time, there had 24 specifically in that letter, but is that the letter you're 25 been several articles published indicating that products 25 referring to? Page 190 1 including PCBs, some types of PCBs had been found in the 1 Q. Right, it is -- Page 192 2 environment. 2 MR. DIMURO: Are we talking about the February 3 There was other articles written that said that 3 1970 letter authored by, Mr. Paton? 4 there could be some potential environmental hazard posed 4 MR. O'CONNOR: It was authored by Mr. Schalk. 5 by certain products. They hadn't been identified. Of the 5 A. Yes, I recall that letter, yes. 6 PCBs that were mentioned, only 1254 and 1260 were stated. 6 Q. (By Mr. O'Connor) Do you recall any subsequent 7 And so therefore, you had a rather complicated set of 7 letters from Monsanto informing customers that they were 8 factors which at the point, at the time made it very 8 going to cease manufacturing Aroclors? 9 difficult to know what was there, how much of the 9 A. I think I was shown a list of chronology that 10 information was accurate, what products it applied to, and 10 said that that occurred on certain dates. I think I was 11 whether there was any real toxicity or environmental 11 shown one or two letters, one letter in particular I think 12 hazard associated with PCBs. 12 which was an August letter saying here we are, you know, 13 Q. As of April of 1970, when you wrote that 13 we've told you we were going to do it, now we're doing 14 memorandum, you weren't instructing salespeople to limit 14 it. 15 the sale of Aroclor 1254 and Aroclor 1260 to customers for 15 As I indicated, I got these after the fact 16 certain uses only though, correct? 16 because I was no longer in the Plasticizer division, so I 17 A. Can you repeat that question? 17 would have been the recipient of one of those letters. 18 MR. DIMURO: Objection to form. 18 Q. Well, you were still in the Plasticizer division 19 MR. O'CONNOR: What the basis for the 20 objection? 21 MR. DIMURO: I just don't understand it, but if 19 in April of 1970. Do you recall when it was that you 20 left? 21 A. This is part of my problem. I can't. I didn't 22 he can answer it, fine. 23 MR. O'CONNOR: Can you read that back? 24 (The preceding question was read back.) 25 Q. (By Mr. O'Connor) As of April of 1970, based on 22 think it was as long as ago as that, but there was 23 something that had the date of April the 3rd on it, so at 24 least I was still involved. Whether I was full time 25 involved or in transition, I don't know. Page 189 - Page 192 TOWOLDMONOQ51893 GUMMING PATON _________ Condenselt!TMJUNE 25, 1998 Page 193 Page 195 1 Q. Do you recall Monsanto sending out any letters 1 differentiate things for them. I'm not sure. 2 to customers referencing pcbs contaminating food supply 2 Q. Up until the time you left as market manager of 3 for humans? 3 the Plasticizer division, do you recall receiving any 4 A. I think I recall after I returned to the organic 4 correspondence, internal correspondence from Monsanto 5 division, at least I think it was the organic division at 5 instructing you to strive to maximize profits of Aroclors 6 the time, from the Latin American assignment that I think 6 up until the Aroclor lines containing PCBs were ceased? 7 there had been letters that had gone out in the interim 7 A. No. 8 about that issue. And I referred more to Therminols as I 8 MR. O'CONNOR: I don't have anything further, 9 recall. 9 Mr. Paton, thank you. 10 Q. Well, do you recall Monsanto sending out letters 10 MS. O'CONNOR: No questions, Mr. Paton. 11 to customers and purchasers of PCBs referencing potential 11 MR. TURET: I have no further questions. 12 human health risks from exposure to PCBs? 12 13 A. I seem to recall in one of the letters in 1970 13 14 that there was a reference to an FDA or EPA Federal 14 15 Register thing that had said that either content, I think 15 16 it either said content or exposure should be limited to 16 17 certain parts per million or something. And I can't 17 18 recall the context in which that was phrased, but I seem 18 19 to remember seeing that paragraph today. 19 20 Q. Do you know sitting here today when Monsanto 20 21 ceased making the Aroclor lines available? 21 22 A. You mean all of them? 22 23 Q. Yes. 24 MR. DIMURO: Including the PCB and non-PCB 23 24 25 containing? 25 Page 194 1 Q. (By Mr. O'Connor) Well, just the PCB-containing 2 Aroclors. 3 A. I think when we got out of everything was 4 sometime in, I think 'll. Correct me if I'm wrong. 5 Q. With regard to Aroclor 1254 and 1260 being used 6 as a Plasticizer, do you have any information or 7 recollection as to the replacement for that particular 8 product line? 9 A. I don't know for sure. 10 Q. Are you familiar at all with polychlorinated 11 terphenyls? 12 A. Yes. 13 Q. Do you know when they were made available by 14 Monsanto? 15 A. Well, they were, they were available from 16 Monsanto I think for certainty pre-1968. They had the 1 NOTARIAL CERTIFICATE 2 STATE OF MISSOURI ) 3 CITY OF ST. LOUIS )) 4 5 I, Tammie A. St. Arbor, Certified Shorthand Reporter and a duly commissioned Notary Public within and for the 6 States of Missouri and Illinois, do hereby certify that there came before me at the offices of The Cheshire Inn, 7 6306 Clayton Road, Clayton, Missouri, 8 CUMMING PATON, 9 who was by me first duly sworn to tell the truth and nothing but the truth of all the knowledge touching and 10 concerning the matters in controversy in this cause; that the witness was thereupon carefully examined under oath 11 and said examination was reduced to writing by me; and that this deposition is a true and correct record of the 12 testimony given by the witness. 13 I further certify that I am neither attorney nor counsel for nor related nor employed by any of the parties 14 to the action in which this deposition is taken; further that [ am not a relative or employee of any attorney or 15 counsel employed by the parties hereto or financially interested in this action. 16 IN WITNESS WHEREOF, I have hereunto set my hand and 17 seal this 21st day of July, 1998. 17 product line for I think a number of years. 18 18 Q. The ad hoc committee that Mr. Turet made 19 reference to, do you recall attending any meetings with 19 20 Tammie A. St. Arbor, CSR 20 the ad hoc committee? 21 21 A. I don't, but, you know, I could well have done 22 22 so. The phrase the ad hoc committee comes up and it's not 23 23 one that I remember we used in our everyday communications 24 Page 196 24 and discussions with each other. Maybe it was a term that 25 25 was given to management, used or was given to help Page 193 - Page 196 TOWOLDMONOQ51894 CUMMING PATON Condenselt! TM STATE OF MISSOURI 1 2 CITY OF ST. LOUIS ) ) ) Page 197 3 4 5 I, cumming paton, do hereby certify: 6 That I have read the foregoing deposition; 7 That I have made such changes in form and/or 8 substance to the within deposition as might be necessary 9 to render the same true and correct; 10 That having made such changes thereon, I hereby 11 subscribe my name to the deposition. 12 I declare under penalty of peijury that the 13 foregoing is true and correct. 14 15 Executed this day of , 16 19 ,at . 17 18 19 __________________________________ 20 CUMMING PATON 21 22 My Commission Expires: 23 Notary Public: ____________________________ 24 Signature Page to Mr. DiMuro ____________ 25 Witness Letter Sent to Mr. DiMuro 1 2 Taylor * Schroeder Reporting & Video 7494 Ethel Avenue 3 St. Louis, Missouri 63117 4 Phone (314) 644-2191 5 6 July 21, 1998 7 Mr. Christopher DiMuro, Esq. 8 Latham & Watkins One Newark Center 9 Newark, New Jersey 07101-3174 10 RE: Maertin, et al. vs. Armstong, Monsanto & American 11 Mineral Spirits 12 Dear Mr. DiMuro: 13 Please find enclosed your copies of the deposition of Cumming Paton taken on June 25, 1998 in the 14 above-referenced case. Also enclosed is the original signature page and errata sheets. 15 . Please have the witnesses read your copies of the 16 transcript, indicate any changes and/or corrections desired on the enata sheets, and sign the signature page 17 before a notary public. 18 Please return the errata sheets and notarized signature page to Mr, Craig Turet for filing with the court prior to 19 trial. 20 Sincerely, 21 22 Tammie A. St. Arbor, CSR 23 Enclosures 24 cc: Mr. Turet Mr. O'Connor 25 Ms. O'Connor Page 198 JUNE 25, 1998 Page 197 - Page 198 TOWOLDMONOQ51895 CUMMING PATON -s- $4,000 [l] 176:1 $40,000 [i] 175:25 '60's [1)36:17 '66 [5] 32:24 47:3 79:25 80:5 80:9 '67 [8] 26:23 32:24 33:11 47:3 80:14 80:14 129:14 165:9 '68 [is) 14:3 21:11 21:13 33:1 47:19 47:20 48:20 49:7 55:5 83:16 92:6 129:12 167:25 168:13 169:7 '69 [27] 14:3 21:16 33:1 55:5 64:4 70:4 73:7 74:21 74:22 74:23 77:13 77:16 84:4 92:6 101:10 107:16 113:8 129:12 135:20 167:25 168:8 168:8 168:13 169:7 172:14 175:15 178:13 '70 [i3] 14:4 20:15 26:23 33:11 38:25 74:24 124:14 129:14 133:13 165:9 168:8 186:9 186:10 '70's [1)60:16 '71 [4] 39:21 39:25 59:10 175:15 '72 [5] 39:21 40:1 59:10 114:24 177:21 '77 [4] 40:9 40:21 44:9 194:4 '78 [2] 40:9 44:9 '81 [i] 45:6 '82 [i] 45:6 .01 [l] 88:1 .03 [l] 88:1 033475 [1] 115:13 033475-84 [i] 1:12 034803 eh 126:1 034803-814 [i] 1:13 036720 [lj 103:15 036722 [i] 104:1 040881 [i] 130:17 040935 [i] 182:17 040947 [i] 184:22 040949 [2] 182:17 186:1 045436 [i] 77:8 045436-37 [i] 1:9 050542 [i] 55:24 053006 [i] 67:11 053222 [i] 59:2 053222-23 m 1:7 053277 [i] 171:24 053518 [3] 51:7 51:10 51:12 053552 [i] 63:17 053555-52 [i] 1:8 054468 [i] 148:20 054468-69 m 1:16 054470 [ij 149:17 054470-86 [i] 1:17 054596 m 151:7 1:18 058885 [2] 154:11 1:19 059911m 87:25 1:10 059946 [i] 129:24 059946-47 [i] 1:14 059952 p] 1:15 144:8 07101-3174 [i] 198:9 07101-3474 [i] 3:14 07102-5311 [i] 3:10 08 [i] 67:11 08054 [i] 3:6 0- - 021966 [i] 157:3 021966-69 [i] 1:20 023314 [i] 107:10 023314-22 [i] 1:11 023422 [2] 85:12 85:15 023703 [i] 108:23 023725 [i] 113:16 0250 [i] 93:22 025243 m 93:24 93:23 025245 [i] 95:3 025423 [i] 93:25 02849 [i] 2:6 1- - 1 [8] 1:7 58:22 58:23 59:1 86:14 104:5 108:3 116:21 1/2/68 [i) 131:15 10 [ii) 1:16 67:11 106:10 108:24 111:18 115:22 148:15 148:16 148:18 184:20 184:21 100 [1] 81:23 101 [1] 3:5 107 [i] 1:11 10th [3] 157:10 171:23 172:11 11 m 1:17 79:10 94:2 149:10 149:11 Condensclt! 149:14 149:21 115[i] 1:12 12 [6] 1:18 85:11 112:8 151:3 151:4 151:6 125 [i] 1:13 1254 [32] 81:18 81:23 82:3 90:14 90:23 91:2 92:3 92:6 92:12 93:2 93:15 97:21 98:13 98:15 98:19 112:11 112:24 113:2 134:20 134:23 135:19 162:13 163:8 164:21 165:5 165:12 170:9 170:14 190:6 190:15 191:2 194:5 1260 [19] 97:21 98:13 98:15 98:19 112:11 112:24 134:21 134:23 162:13 163:9 164:21 165:5 165:12 170:10 170:14 190:6 190:15 191:3 194:5 129 [i] 1:14 13 [8] 1:19 90:22 93:21 94:3 100:24 154:8 154:9 184:21 13th [i] 80:14 14 [8] 1:20 59:2 69:18 103:14 148:19 156:24 156:25 157:2 1400 [i] 3:16 144 [i] 1:15 148 [i] 1:16 149 [i] 1:17 14th [2] 61:18 150:16 15 [2] 35:16 108:23 151 [i] 1:18 154 [i] 1:19 157 [i] 1:20 159 [i] 1:3 160 [i] 142:10 18 [2] 35:16 51:13 19 [i] 197:16 19103-7396m 3:21 1955 [i] 6:10 1959 [4] 6:12 7:3 7:16 8:25 1960's [2] 68:4 20:6 1962 [3] 8:23 8:25 9:3 1964 [2] 9:15 9:18 1966 [6] 10:18 10:20 47:2 52:1 79:21 152:9 1967 [i3] 13:19 14:12 20:7 20:15 47:18 81:3 81:21 82:3 12:22 15:4 21:24 81:9 127:11 1968 [i4] 48:7 51:10 55:21 69:18 72:22 82:9 82:20 82:22 83:8 91:2 131:16 166:24 173:19 181:24 1969 [54] 59:2 59:8 61:18 62:24 66:4 67:11 71:20 72:4 21:12 61:10 64:22 69:23 72:4 72:12 73:16 77:8 86:18 98:2 103:14 105:8 108:5 110:4 112:14 126:15 171:11 176:9 72:17 74:14 83:25 87:2 99:8 103:20 106:3 108:24 110:22 113:3 135:16 171:23 176:11 72:25 75:8 84:19 97:8 102:9 105:1 107:11 109:5 112:1 113:5 170:15 172:12 176:19 177:11 178:6 1970 [so] 14:12 15:4 20:7 21:12 21:17 21:24 39:2 115:23 116:7 116:17 117:12 119:15 123:3 124:5 124:8 124:13 124:17 124:17 124:23 125:12 127:11 131:24 133:18 134:11 135:13 135:16 137:13 138:2 138:15 138:18 138:24 143:19 144:9 145:20 148:19 150:16 152:9 165:16 184:4 186:13 186:23 187:16 188:2 190:13 190:25 191:18 191:19 192:3 192:19 193:13 1971 [i] 151:7 1972 [3] 154:12 154:15 155:17 1975 [2] 157:10 159:6 1977 [l] 40:19 1978 [1)40:20 1979 [1)44:19 1985 [2) 45:12 45:13 1987 [l] 45:18 1990 [l] 45:25 1991 [2)46:7 46:12 1994 [1)46:8 1995 [2) 6:8 6:9 1998 [4] 2:13 196:17 198:6 198:13 2- - 2 [17] 63:13 82:8 104:1 108:6 116:23 1:8 63:14 85:24 104:4 108:20 145:2 20 [i] 92:3 20th [i] 152:24 59:24 65:5 96:4 107:18 116:23 174:23 $4,000 - 47 JUNE 25, 1998 21 [4] 55:21 80:14 151:7 198:6 21969 [i] 157:3 21st [2] 56:6 196:17 22 p] 107:10 145:20 220 [i] 69:17 22nd [l] 144:9 23 [i] 59:2 24 [i] 83:25 247 [i] 93:25 25 [i] 198:13 25th [l] 2:13 27 [i] 82:22 27401 [1] 3:17 279 [i] 171:24 29 p] 79:21 107:11 2nd p] 81:9 81:21 103:14 -3- 3 [20] 1:9 65:15 76:9 76:11 82:8 85:23 86:4 86:8 96:15 97:12 101:3 119:12 130:17 171:20 171:24 175:22 186:4 186:5 186:6 186:8 30 [i] 83:8 300 [6] 3:16 92:12 92:16 93:2 93:9 93:13 3000 [i] 3:5 306 [9] 133:5 143:3 143:25 150:11 182:15 182:24 183:7 184:8 185:5 306A [9] 150:15 163:14 182:16 182:23 184:8 184:20 150:9 163:15 183:19 30th [i] 83:16 31 [5] 51:8 51:10 82:20 85:12 85:15 311 [i] 143:22 314 ei] 198:4 37 [i] 77:8 3rd [i2] 64:4 64:21 131:24 133:18 134:11 137:13 138:2 138:15 138:18 143:2 187:15 192:23 -4- 4 [12] 1:3 1:10 87:20 87:21 87:24 96:15 108:6 108:8 108:9 108:15 108:20 112:10 400 [i] 59:23 45 [i] 159:14 47 [i] 129:24 -5Index Page 1 TOWOLDMONOQ51896 CUMMING PATON 5 [16] 1:11 96:15 105:12 107:7 107:9 108:3 108:6 108:9 108:15 109:8 119:13 5460 [i] 82:23 55 [3] 63:10 151:23 58 [i] 55:24 59 [i] 1:7 5th [i] 84:18 51:7 107:5 107:13 108:8 108:20 63:17 -6- 6 [7] 111:3 115:13 614 pj 90:18 1:12 115:9 121:2 90:17 67:11 115:10 90:17 626 [i] 90:15 63 [i] 1:8 6306 [2] 2:16 196:7 63117 [i] 198:3 644-2191 [i] 198:4 66 p] 63:11 151:23 69 [i] 148:20 -7- 7 [7] 1:13 55:21 77:8 121:3 125:20 125:21 125:24 70 [i] 186:4 702 [i] 92:23 732 [i] 103:15 742 [i] 108:24 7494 [i] 198:2 76 [i] 1:9 7th p] 154:12 154:15 -8- 8 [4] 129:20 814 pi 84 [i] 86 [i] 87 [i] 1:14 129:21 126:1 115:14 149:17 1:10 106:10 9 [io] 64:25 78:13 144:7 933 [i] -9- 1:15 65:14 144:4 186:4 130:17 64:21 65:22 144:5 -A- abatement [i] Aberdeen pj 6:11 ability [i] able [3] 58:7 169:21 109:4 6:7 107:2 96:12 above [3] 130:4 176:7 178:3 above-referenced pj 198:14 abreast [i] 128:1 absolute [i] 48:1 absolutely p] 67:24 180:16 absorbed [i] 177:7 abstracting [i] 184:3 acceptable pi 5:9 accepted [i] 54:3 accommodate [i] 5:23 accomplished [2] 33:24 35:16 accordingly [i] 117:2 account p] 145:19 89:2 accounting [i] 23:19 accuracy [4] 50:2 58:4 58:8 136:24 accurate [12] 49:24 53:12 58:20 67:3 96:16 134:7 169:15 190:10 49:19 53:20 87:15 143:14 accurately [i] 191:11 accusations [i] 175:24 achieve p] 35:2 23:15 acquired [i] 138:6 acronym [i] 8:5 act[i] 140:5 acted [2] 127:24 99:5 action [22] 15:16 26:11 99:1 100:25 101:9 101:13 101:16 101:21 111:20 111:25 127:23 136:24 142:16 196:14 2:5 82:16 101:7 101:14 102:23 118:13 138:10 196:15 actions pj 104:24 38:19 activity [2] 27:22 24:14 actS[i] 133:23 actual pj 13:25 74:6 145:7 12:6 137:6 ad [4] 101:23 194:18 194:20 194:22 add p] 129:7 142:13 added [4] 40:5 142:13 150:6 185:17 addition [3] 25:8 27:21 31:19 additional p] 73:25 105:23 additives [3] 9:7 20:4 29:14 address [4] 36:2 Condenselt! TM 36:13 36:23 57:19 addressed p] 26:3 37:6 104:18 122:14 151:11 188:7 188:9 addressing pj 54:18 119:23 adhesive pj 90:13 90:20 91:17 adhesives [6] 71:18 89:14 89:16 91:1 93:18 108:11 administration [i] 45:14 administrative [i] 23:11 advance [i] 118:3 advice pj 54:10 42:24 advisee [2] 59:21 59:13 advocate [i] 52:25 affected p] 111:12 111:6 affecting [i] 134:17 affixed P] 187:10 187:2 aftermath pj 38:17 57:17 159:1 afternoon [i] 2:15 afterwards pj 4:4 116:19 again [44] 13:17 18:5 18:22 19:17 33:10 33:15 36:19 51:9 51:11 60:23 66:5 66:8 73:22 74:7 78:13 85:1 85:14 87:6 87:11 87:12 87:13 92:8 93:16 102:4 106:18 109:1 109:14 110:6 111:15 115:18 121:7 126:6 126:24 129:12 129:17 135:14 136:6 136:7 139:2 142:22 171:17 176:20 177:21 183:13 against [7] 15:23 109:24 110:5 147:24 159:23 185:17 186:19 age [i] 4:9 agencies p] 61:5 61:23 127:20 136:3 60:21 63:4 178:21 agency [i] 179:2 agenda [3] 38:8 38:9 38:12 agents [i] 185:12 ago [8] 4:18 54:21 72:19 161:1 161:2 52:12 159:21 192:22 agree [i3] 65:8 86:17 123:17 124:2 146:2 148:4 174:7 175:3 61:9 111:10 137:25 148:8 175:4 AGREED [i] 4:1 agreement [i] 22:21 agrees [2] 62:11 62:8 Agriculture [2] 94:23 95:5 ahead [12] 82:19 86:13 105:12 106:9 111:17 112:7 128:3 157:4 23:25 90:11 109:8 113:15 Akron [i] al[5] 2:4 17:20 84:1 132:18 2:23 198:10 albeit [i] 32:24 Alkali [3] 9:20 9:22 10:16 all-embracing [1] 52:8 allegations p] 140:8 168:19 169:14 allegedly [i] 166:22 allow [i] 135:4 allowed [i] 120:11 almost [is] 36:16 64:2 74:19 89:17 130:5 149:1 150:8 151:10 172:4 172:15 34:24 64:5 111:4 150:7 158:7 alone [i] 80:11 along [io] 55:10 58:11 69:7 76:4 134:19 141:15 31:9 58:13 121:23 180:19 alternatives [i 113:3 always PI 134:20 99:4 America [i7] 38:24 39:9 39:18 39:20 42:25 43:4 115:21 116:13 133:22 135:11 171:7 14:5 39:11 40:23 58:14 133:20 150:18 American re] 2:24 8:4 118:18 118:24 193:6 198:10 2:9 118:15 149:24 ammunition [i] 147:5 among P] 170:3 100:21 amount pj 23:8 142:9 162:24 163:2 amounts [i] 29:13 AMSCO p] 8:5 8:6 analytical p] 16:25 17:24 50:11 50:14 134:13 173:17 animal [3] 134:15 168:25 169:4 animals [3] 169:9 175:7 185:13 announced [2] 30:8 5 - applied JUNE 25, 1998 128:3 announcement [i] 43:10 annual [il 34:1 annually [i] 35:19 answer [62] 5:8 5:25 19:10 19:18 39:13 43:22 5:5 12:4 27:15 47:24 49:16 52:23 68:7 72:13 50:5 57:6 69:4 75:10 52:22 66:6 71:12 83:21 91:3 102:25 106:6 111:13 115:3 120:23 126:12 130:25 139:5 148:12 169:21 176:15 183:13 190:22 92:15 103:23 110:12 112:17 120:5 121:19 126:25 131:1 139:21 159:10 173:8 177:4 183:14 100:3 104:12 110:12 114:16 120:8 125:1 129:10 135:22 142:2 167:8 174:13 181:9 184:10 answered [S] 18:11 84:8 183:13 12:5 162:6 answering [i] answers p] 170:12 166:15 126:23 anticipated [i] 126:23 anticipating p] 119:16 126:9 antioxidant p] 92:21 92:22 apologies [i] 6:10 apologize pj 66:11 188:21 appear p] 65:19 86:21 114:20 135:25 appeared [3] 53:16 114:25 161:14 appearing [i] 161:3 application [19] 9:6 19:3 19:23 90:13 92:5 186:19 189:9 18:8 19:4 30:24 91:1 147:18 187:12 18:15 19:20 89:24 91:6 173:18 189:6 applications [32] 10:7 14:15 18:3 18:12 18:19 43:2 50:21 61:4 91:7 97:22 100:15 105:17 105:21 106:19 108:14 130:13 135:5 135:20 163:20 164:7 164:21 165:5 165:23 168:23 169:24 179:5 184:16 185:10 187:19 187:25 188:4 189:16 applied pj 15:7 88:11 190:10 Index Page 2 TOWOLDMONOQ51897 CUMMING PATON apply [i] 134:7 applying [i] 178:11 appointed [i] 46:4 appreciated [i] 32:16 approach [i] 104:17 approached [i] 71:10 approaching [2] 104:22 105:3 appropriate [4] 26:20 62:12 133:17 163:19 approved [2] 34:25 135:20 approximate [i] 160:14 April [18] 133:18 134:11 138:2 138:15 143:1 143:17 144:9 145:20 188:2 190:13 192:19 192:23 131:24 137:13 138:18 143:19 187:15 190:25 Arbor [5] 2:17 4:4 196:5 196:20 198:22 area [23] 12:16 26:25 35:7 46:17 46:20 73:4 94:17 102:17 105:19 127:9 128:25 142:24 152:8 158:10 166:5 20:13 37:9 63:9 100:19 107:25 129:13 153:13 170:17 areas [4] 16:15 73:7 103:4 106:22 argue [i] 177:5 arisen [i] 57:15 arising [i] 127:10 Armstong [i] 198:10 Armstrong [20] 2:6 2:23 4:19 7:24 7:24 151:11 151:12 151:21 152:6 152:7 153:2 153:4 153:6 153:10 153:14 155:9 155:16 155:21 156:6 159:23 Aroclor[iio] 11:7 11:11 14:13 14:21 16:17 17:16 17:19 19:3 19:4 19:15 19:24 20:15 21:1 21:19 22:1 31:17 32:24 38:4 43:1 43:4 47:22 50:19 68:5 81:18 81:23 82:3 82:22 90:14 90:22 91:2 92:3 92:6 92:12 93:2 93:9 93:14 99:9 100:15 101:23 102:24 112:11 112:14 113:2 116:22 123:4 124:6 124:19 124:24 125:10 127:12 128:14 130:10 133:3 134:2 137:15 142:4 146:21 147:1 147:19 147:23 147:24 148:2 148:6 149:7 151:17 162:25 163:20 165:5 168:24 170:14 173:18 174:11 176:7 178:3 183:22 187:10 189:14 190:15 191:21 195:6 162:12 163:8 164:7 165:5 169:12 172:13 173:21 175:25 176:19 179:2 184:17 187:16 189:21 191:2 193:21 162:13 163:9 164:21 165:11 169:25 173:16 174:11 176:4 177:1 179:13 187:3 188:24 190:15 191:2 194:5 Aroclors [42] 14:15 14:16 19:9 21:4 86:15 97:21 104:25 106:1 106:21 108:2 108:10 113:3 130:12 134:6 135:9 138:20 142:12 143:18 143:24 145:3 146:16 147:12 149:6 156:10 162:21 176:25 177:13 178:6 180:2 182:7 187:12 187:18 187:24 188:3 188:11 189:6 189:10 191:5 191:7 192:8 194:2 195:5 article ps] 48:21 49:1 51:21 52:1 55:7 55:8 66:18 84:25 167:2 167:4 48:9 51:19 52:13 55:13 87:15 articles [8] 70:6 70:10 86:11 126:15 190:3 68.21 86:10 189:25 Asiap] 46:4 aside p] 142:4 aspect [i] 15:20 assembled p] 111:8 assess pj 58:7 49:24 assigned pi] 11:2 11:12 42:17 44:21 50:1 119:3 158:25 7:10 15:8 49:12 119:6 assignment [3] 106:10 171:7 193:6 assist p] 155:1 16:5 assistance p] 174:20 assistant p] 26:11 42:9 22:3 119:5 associated [3] 18:24 23:12 179:20 180:1 190:12 assume [8] 9:18 13:20 39:23 44:8 45:19 7:5 23:4 44:20 assuming p] 130:13 assure [4] 67:15 133:21 141:14 148:9 Condenselt!1 Atlanta [i] Atrium [2] 3:5 attached [3] 56:9 89:13 attack [i] attacked [2] 72:1 attacking [i] attacks [i] attend [4] 34:19 123:14 attended [2] 37:12 attending [i] attention [i7] 24:15 33:22 56:24 69:15 70:21 85:1 137:22 147:4 160:23 165:19 184:20 attorney [4] 159:22 196:13 attributed [2] 59:23 attributing [i] audience [3] 88:21 88:23 August [3] 150:16 192:12 author p] 126:7 authored p] 160:18 188:14 192:4 authority [i] available p] 44:14 143:21 186:12 193:21 194:15 avenue p] 198:2 avoid [i] avoidance p] 187:11 avoided p] 185:11 aware [i6] 26:10 37:2 49:3 50:21 102:21 135:18 166:13 166:18 171:9 173:12 away [6] 33:20 33:24 91:25 139:9 153:25 3:5 1:21 70:7 69:18 52:21 23:21 34:12 158:11 6:7 194:19 19:8 33:23 70:13 85:17 149:3 180:10 4:18 196:14 59:15 62:7 88:21 148:19 117:19 151:9 192:3 42:14 5:18 149:5 194:13 90:9 165:4 184:16 182:7 19:13 37:10 102:8 137:23 171:8 191:14 33:21 113:6 -B- B [l] 112:8 B-A-G-N-E-L-L [i] 13:2 backbone [i] 20:3 background [] 6:4 29:2 29:4 30:20 58:7 173:16 bad[i] 56:2 badly m Bagnell p] 13:16 32:19 13:1 bagsp] 128:11 Bajap] 58:14 balance [i] 141:13 barrels [i] 187:2 based [12] 7:14 9:8 39:6 39:8 111:10 136:24 184:7 190:25 7:13 30:10 92:24 153:20 basic p] 30:25 89:22 basics [i] 30:24 basis [6] 14:15 27:12 105:13 107:22 120:15 190:19 bat[i] 142:17 Bates [4i] 1:8 1:9 1:11 1:12 1:14 1:15 1:17 1:18 1:20 51:7 55:23 59:1 85:12 87:24 94:1 95:2 104:1 107:10 113:16 113:16 126:1 129:24 144:8 148:20 157:3 182:14 184:22 1:7 1:10 1:13 1:16 1:19 51:9 63:16 93:22 103:15 108:23 115:13 130:17 149:16 182:17 Bay [i] 175:23 BCC [i] 153:20 became [io] 24:23 41:15 42:7 42:8 44:9 60:14 131:21 162:11 166:12 166:18 Bechtold p] 132:9 144:23 become [i] 31:3 becoming [i] 31:25 bed [l] 34:24 Beerp] 175:25 began [2] 177:25 47:17 beginning [8] 40:1 47:19 69:16 74:23 141:11 39:25 47:20 97:3 begins [4] 59:13 70:15 71:24 146:15 behalf [3] 4:9 161:5 161:14 behave p] 168:16 behind p] 58:2 beings p] 171:13 belief p] 66:4 bell [6] 50:16 82:13 85:21 145:18 82:11 135:23 below [6] 23:25 apply - Books JUNE 25, 1998 96:5 111:5 145:3 146:7 147:3 benefit p] 54:4 Bergen p] 78:25 best [12] 20:2 24:7 33:23 90:25 107:2 138:10 145:10 170:6 78:25 24:5 48:5 135:1 169:19 better pj 49:23 58:7 116:24 136:9 147:22 169:20 between [22] 4:1 15:3 21:24 32:23 69:9 74:23 129:14 134:17 153:10 165:11 177:18 185:5 188:24 189:6 2:13 20:7 47:3 127:11 145:6 166:8 188:15 189:16 Beyond p] 109:11 big [4] 45:6 91:9 117:15 155:20 biggest [3] 13:10 91:7 156:12 Bill [12] 17:21 68:4 68:9 72:6 72:8 84:25 174:1 178:4 50:9 70:9 72:10 176:22 binder p] Bio-Test [is] 75:15 75:18 101:20 134:15 169:11 169:11 173:23 174:4 174:22 174:24 162:19 75:4 76:5 168:14 172:12 174:10 biochemists p] 75:4 75:7 biodegradability pj 134:24 141:21 biodegradable [3] 102:17 134:25 168:4 biodegraded pj 102:18 biphenyl pj 59:24 60:2 79:10 161:6 161:16 171:12 biphenyls p] 7:21 55:13 69:18 83:16 101:8 181:7 birds [3] 55:10 58:13 69:6 bit [4] 39:22 94:16 136:8 blah [4] 35:2 35:2 35:2 blank p] 89:13 132:7 53:16 35:2 89:12 Blue [3] 29:21 162:1 162:18 boatp] 176:2 book [4] 29:21 52:21 53:18 162:18 Books [i] 162: Index Page 3 TOWOLDMONOQ51898 CUMMING PATON bore [i] 22:12 bottom [i6] 78:4 81:8 83:7 84:18 97:4 101:4 121:3 130:3 132:18 185:23 52:6 81:20 89:3 112:8 131:13 187:16 bran [4] 59:14 59:21 60:7 60:10 Brazil [7] 44:22 44:25 45:3 45:8 44:21 45:1 45:10 break [9] 6:1 28:16 46:23 46:24 159:15 159:17 5:22 33:21 141:8 breakdown [3] 67:1 105:25 141:9 breathing [i] 63:4 Brell [i] 132:12 Brian [2] 159:20 3:4 briefed HI 75:20 briefly [1] bright [i] 78:13 32:19 bring [i] 184:20 bringing [i] 33:14 brings [i] 125:6 broad [i] 62:1 broader [2] 40:11 40:6 broken [i] brought [5i 35:22 55:16 180:10 119:2 19:8 159:23 BSC [i] 6:8 budget [16] 20:24 21:2 21:7 21:11 22:1 22:7 24:18 28:3 34:25 35:1 16:3 21:4 21:18 23:6 34:23 145:3 budget--making [i] 15:23 budgeting [i] 107:23 budgets [3] 15:22 23:4 35:14 buildings [i] 185:12 bulk [i] 128:14 bulletin [39] 30:14 88:3 130:10 130:21 131:21 132:23 136:3 143:3 149:5 149:7 150:2 150:9 150:11 150:15 163:9 163:12 182:11 182:13 185:18 185:21 186:17 187:7 187:17 187:23 188:17 188:18 30:6 89:10 131:6 133:5 143:6 149:15 150:10 150:25 182:9 185:6 186:11 187:16 188:14 bulletins [ii] 29:24 31:23 88:17 162:3 162:5 162:16 162:18 163:3 163:5 163:23 179:13 bunch p] 170:10 112:9 business [is] 36:22 36:22 55:6 107:21 134:2 154:24 155:21 155:22 162:12 189:21 14:14 42:19 115:8 155:19 155:25 buy [2] 137:11 138:20 buyers [i] 10:8 buying [i] 25:20 by-product pj 147:17 147:25 -c- C [2] 3:1 172:2 Calandra [i] 174:24 California [6] 54:25 55:11 58:13 58:14 66:14 68:25 Calkins [2] 154:21 154:19 calls [9] 32:6 74:5 74:6 74:13 92:12 166:2 74:2 74:8 145:9 Canadian [2] 133:4 183:23 cancer [4] 157:23 158:20 158:23 159:8 cannot [8] 66:2 89:8 97:24 99:22 105:10 135:14 176:24 188:5 capabilities [2] 162:24 181:1 capable [i] 157:22 capacitor [i] 177:8 capacity p] 47:20 71:1 147:7 42:1 122:17 carp] 32:13 care p] 17:9 42:20 career pj 44:7 carefully pj 196:10 Carolina [i] 3:17 Carolyn p] 3:8 carry p] 16:2 28:12 110:21 carrying p] 128:16 16:3 Carson [4] 52:19 53:5 53:18 54:5 case [19] 4:20 8:3 32:20 88:9 88:11 120:19 124:2 151:13 159:5 165:15 170:5 184:18 198:14 5:18 57:15 116:2 124:3 160:4 173:11 cases [6] 17:4 38:9 164:13 166:3 16:24 74:18 Condenselt! casting PI category p] 87:6 20:23 cattle's [1] 181:23 caulking p] 146:23 147:1 147:12 caused [i] 69:10 causingpj 55:15 66:23 157:23 caution p] 110:6 83:18 CC [1] 198:24 cease p] 192:8 98:8 ceased [2] 195:6 193:21 ceiling [2] 19:16 19:9 center [4] 3:9 3:13 111:4 198:8 central [41 26:16 58:14 118:14 118:18 cents [2] 147:19 147:24 certain [44] 11:10 13:6 22:4 23:8 27:18 30:9 64:5 72:24 87:16 99:9 124:10 127:19 135:13 139:23 150:19 152:3 158:7 164:21 166:13 175:7 182:6 184:16 186:19 187:9 187:24 188:11 190:16 191:3 193:17 2:19 16:22 27:17 62:14 86:16 113:6 130:5 149:2 156:22 165:4 180:16 185:17 187:12 190:5 192:10 certainly [42] 19:19 22:11 30:22 32:16 35:21 36:16 36:19 38:4 51:3 53:17 56:7 64:2 67:21 73:9 74:19 75:21 78:24 80:20 81:7 86:23 89:17 96:13 113:24 114:1 118:20 124:7 139:9 140:5 145:17 146:12 147:23 151:10 156:9 166:7 170:5 170:21 172:4 172:15 172:22 173:13 180:16 181:12 certainty [ij 194:16 CERTIFICATE p] 196:1 Certified p] 2:17 196:5 certify [3] 196:6 196:13 197:5 chain p] 171:2 chances p] 155:6 change 1] 24:13 25:19 62:15 62:20 128:19 139:10 changed p] 40:5 62:11 164:2 changes [3] 197:7 197:10 198:16 changing [2] 62:6 187:2 Channel [i] 58:15 characterize [i] 66:3 characterized [i] 70:6 charge [2] 13:11 13:4 charts [i] 113:19 cheaper [i] 147:19 checking [i] 90:1 chemical [8] 14:7 38:24 44:22 46:18 78:24 109:10 141:3 170:22 chemicals [2] 55:10 chemist [6] 7:8 7:10 8:20 8:24 chemistry [3] 6:12 6:18 Cheshire [2] 196:6 14:6 7:7 8:10 6:8 2:15 Chicago [3] 132:10 132:10 146:12 chickens [i] 175:2 chloracneii] 179:15 chlorinated [12] 14:21 20:11 58:12 59:23 60:1 66:21 69:8 69:18 79:10 83:15 98:16 167:23 chose [l] 46:6 Christopher [2] 3:12 198:7 Chronicle pj 55:8 chronological [i] 79:11 chronology [3] 85:8 117:11 192:9 circulated [i] 181:12 circulation [2] 26:8 94:12 circumstances [i] 138:14 citizens [2] 59:22 CITY |2] 197:2 59:15 196:3 Civil [l] 2:5 claiming [1] 129:7 clarification [2] 7:19 141:21 clarify [5] 35:3 36:6 180:11 24:1 72:9 clarity [i] 136:10 Clark [i] 116:4 classifications m 108:15 bore - committee JUNE 25, 1998 Clayton [4] 2:16 2:16 196:7 196:7 cleaner [11 cleared 1M clearly [3] 156:16 177:25 186:13 117:3 156:12 clients [i] close p] 59:24 80:3 86:15 136:2 156:15 46:17 77:25 97:25 closed [20] 101:9 165:12 165:18 170:14 176:5 176:17 176:21 177:1 177:10 177:15 178:1 178:7 189:3 99:22 165:14 170:18 176:19 177:8 177:19 188:25 closely [S] 24:6 65:4 180:22 18:16 180:21 coaching p] 145:14 coast [3 55:6 58:13 55:11 coatings pi] 19:22 19:25 20:1 20:9 20:13 20:20 108:11 111:5 111:12 180:2 189:10 code [i] 131:14 colleague p] 80:16 80:20 colleagues p] 31:9 180:22 collect [1] college [5] 6:6 29:1 80:12 15:19 6:5 31:10 colon [i] 174:25 coming [7] 76:4 89:16 94:20 129:8 48:18 91:10 143:1 comma [15] 65:16 65:16 75:4 86:16 97:15 97:19 100:25 101:7 176:6 176:18 61:4 65:17 97:13 97:20 176:5 comment p] 86:20 commercial p4] 11:20 11:22 15:15 16:5 16:16 42:19 44:10 44:10 44:17 44:21 45:4 152:12 161:23 164:17 commercialization pj 49:21 commercialized [i] 9:25 commercially-produced [l] 65:18 Commission [i] 197:22 commissioned [i] 196:5 committee [io] 77:16 Index Page 4 TOWOLDMONOQ51899 CUMMING PATON 101:23 101:24 102:1 102:6 102:9 104:10 194:18 194:20 194:22 committees [4i 77:22 114:13 114:20 115:1 common p] 90:13 91:1 117:25 150:1 89:18 91:20 162:10 communicate [3] 118:17 128:20 152:6 communicated [6] 80:5 124:4 124:18 124:23 129:2 143:15 communicating [4] 118:24 128:16 143:6 165:3 communication pj 147:6 164:16 communications p] 153:9 194:23 compact [i] 24:24 companies [i] 156:1 company p2] 2:10 2:24 7:1 8:5 9:10 9:13 9:19 10:12 11:12 27:1 45:23 46:13 99:5 102:23 2:9 2:25 9:4 9:17 10:19 30:8 77:22 151:11 comparable [i] 59:24 compared [i] 27:22 comparing [i] 133:10 compatible [i] 141 :l compelled pi 98:7 98:12 competent [i] 70:11 competition [i] 146:16 competitive pj 24:14 29:18 compiled p] 107:23 108:5 109:19 compiling pj 108:10 113:18 complete [i] 132:7 completed [3] 22:7 158:3 158:16 completely [i] 5:5 complicated [i] 190:7 component [i] 185:14 compound p] 146:23 147:13 compounds [i] 147:2 computer [i] 24:23 conceive [i] 65:17 concept [i] 135:19 concern [2] 169:24 168:23 concerned [6] 30:17 100:20 168:10 170:1 188:3 188:12 concerning p] 110:7 196:10 concerns p] 68:5 138:17 concerted [i] 97:15 conclusion [i] 93:10 concurrently p] 100:25 101:6 condensed p] 187:17 187:23 conducting p] 168:24 169:4 conference pj 36:8 118:6 confidential p] 29:18 56:23 115:15 confirmed [5] 81:17 81:21 81:22 81:24 86:2 conjectures pj 170:10 conjunction p] 66:20 142:18 Connecticut p] 94:24 95:5 connection [i] 117:23 consider pj 100:12 120:16 120:22 considered p] 34:4 113:7 considering [i] 137:24 consistent p] 23:18 111:6 consultant pj 46:20 consultants p] 174:21 174:24 consulting p] 46:13 46:15 consumer [i] 52:24 consumers [i] 108:2 contact p] 48:25 68:12 119:10 127:13 129:9 167:21 15:9 81:5 129:3 contacted p] 161:2 164:5 contacting pj 73:25 contacts [i] 153:15 contained [4] 182:23 182:24 184:8 187:11 container p] 170:21 177:9 185:14 containers [4] 127:18 177:24 187:3 187:10 containing [io] 14:17 20:14 142:5 151:24 151:25 152:1 157:19 184:22 193:25 195:6 contains [i] 171:24 contaminant [S] 166:20 167:7 167:12 167:16 191:16 contaminants pj 122:7 166:19 contaminating [i] 193:2 Condenselt! contamination [4] 97:5 97:10 105:24 191:22 contemplated [4] 183:25 184:1 184:15 185:5 contemplates [i] 173:1 contemplating pj 122:6 189:22 content p] 193:16 193:15 context p] 83:15 114:25 193:18 continue [5] 46:10 98:22 136:22 137:1 138:19 continued p] 32:25 97:15 121:4 continuing [i] 170:16 contract [i] 75:14 contribute [i] 168:2 control pj 17:1 31:2 71:17 controlled [i] 99:10 controlling [i] 71:20 controversy [i] 196:10 conversation pj 151:16 152:23 conversations [5] 74:17 83:20 110:7 120:21 123:6 convert [i] 155:1 cooperation [i] 82:15 coordinating [i] 15:6 coordination [i] 106:12 copied pj 68:12 68:13 160:19 61:19 157:9 copies [9] 26:4 26:24 132:24 171:21 198:13 198:15 25:24 131:19 188:12 copy [7] 55:7 56:11 78:10 167:4 182:13 183:11 186:14 Corkp] 151:11 corner [i] 131:8 corporate pj 77:15 77:23 correct po] 46:21 54:19 56:23 86:9 109:15 132:1 132:24 137:15 162:14 162:17 169:9 173:2 177:2 182:3 186:23 188:25 190:16 194:4 197:9 197:13 44:16 56:18 90:20 132:17 161:24 163:1 173:24 184:8 189:7 196:11 corrections [i] 198:16 correctly [i] 143:2 committees - Davidson JUNE 25, 1998 correspondence [2] 195:4 195:4 cost [5] 23:9 23:10 140:6 140:7 147:16 counsel [io] 4:2 83:20 120:2 160:1 160:12 196:13 4:2 110:7 160:5 196:15 count [i] 5:1 countries [i] 45:8 counts [i] 21:8 couple pj 33:9 79:19 135:24 29:8 112:7 course p] 5:11 99:1 101:25 102:23 138:10 courses p] 111:25 111:20 court [4] 2:1 2:20 5:14 198:18 cover [4] 28:19 36:6 56:14 65:11 covered pj 30:7 110:8 162:19 30:6 162:7 covers p] 130:12 91:24 Craig [4] 3:19 4:17 76:16 198:18 Craig's [l] 67:20 cranked [i] 23:20 create [i] 113:19 156:7 164:2 166:1 156:13 162:5 164:3 164:11 166:9 customer's p] 137:22 139:6 147:16 162:7 166:5 customers [73] 10:8 15:9 20:14 22:11 22:11 22:13 24:6 25:10 32:3 32:4 33:6 43:18 43:24 71:6 71:10 71:11 72:24 73:2 73:13 73:18 73:22 74:6 78:12 78:16 88:24 88:25 89:19 91:12 105:5 106:20 108:1 110:19 112:24 116:7 116:22 117:4 119:17 121:6 121:20 122:1 122:5 122:10 122:19 123:15 124:9 125:4 126:23 127:12 128:14 129:2 133:3 133:4 137:15 137:17 138:7 143:17 150:15 155:1 155:4 162:2 164:12 164:12 165:23 179:5 183:22 183:23 190:15 191:3 191:15 191:20 192:7 193:2 193:11 customers' p] 97:6 97:8 cut [2] 148:3 148:9 cutting [i] 71:17 created p] 191:16 creating p] criteria pj 100:5 100:6 117:9 167:20 99:23 -D- D.H p] 132:9 daily pj 129:3 dangling p] 144:23 136:8 cropped p] crossed [2] 167:2 crowd p] 36:23 cry [i] 24:24 CSR[3] 4:4 198:22 Cumming p] 4:8 106:14 147:4 196:8 197:20 198:13 customary p] customer pi] 9:23 10:4 12:4 17:3 19:15 24:9 26:18 26:21 73:21 89:2 89:25 97:22 119:14 119:16 121:4 121:13 126:9 129:3 137:7 137:9 138:17 138:23 146:5 146:19 147:11 148:6 155:16 155:17 175:20 48:10 36:13 196:20 2:12 130:4 197:5 94:7 9:5 10:15 17:10 25:19 29:15 89:21 116:17 119:23 123:15 137:5 138:15 145:22 146:25 153:18 155:22 Darby p] 18:18 31:6 37:14 80:12 Darby' S[i] Darbys [i] dash [i6] 59:24 77:8 85:12 85:15 107:10 115:14 148:20 149:7 174:24 176:6 data [4] 11:24 178:22 189:11 date [26] 11:17 56:6 79:21 115:18 116:10 131:6 135:13 143:4 145:20 146:3 146:4 146:8 146:9 146:10 154:13 174:25 189:12 dated [6] 107:11 133:18 187:15 191:18 dates [2] 40:17 Davidson pj 51:11 51:13 17:18 31:10 100:19 153:6 156:14 59:2 83:9 103:15 129:24 172:13 186:4 143:12 36:19 84:16 126:6 135:23 145:21 146:7 146:9 157:25 192:23 82:8 171:23 192:10 3:15 77:4 Index Page 5 TOWOLDMONOQ51900 CUMMING PATON 79:4 85:4 130:18 102:7 day-to-day p] 42:21 42:22 days [2] 32:6 32:12 146:20 deliver [2] 146:14 36:1 delivered [3] 56:16 125:9 125:18 DDT [5] 65:19 69:7 denser [x] 142:22 84:19 84:22 167:22 deny[i] 84:5 deal [ii] 16:17 30:16 50:13 68:8 73:9 142:13 170:7 dealing s 121:6 141:18 17:15 68:8 142:11 184:11 9:23 177:23 denying [i] 83:5 department [39] 7:12 11:1 11:16 12:6 12:8 12:10 12:21 13:5 13:12 16:25 17:1 17:15 18:2 dealt s 17:17 17:23 156:15 179:4 23:19 50:15 74:9 74:15 75:12 82:16 Dears 198:12 debate s 66:25 decade s 115:24 83:12 89:12 94:8 94:18 94:23 95:5 101:14 101:18 110:2 117:3 119:2 119:4 December [ii] 69:18 123:22 127:18 155:1 72:22 79:21 79:24 158:19 163:25 164:5 80:5 83:8 83:16 165:22 174:1 112:1 151:7 152:24 departments pj 173:19 75:5 75:8 101:15 decide [6] 53:6 120:18 135:1 138:10 decided p] 139:6 decimal s decision p] 135:12 164:20 decisions s 138:12 138:13 declare s 36:9 124:11 46:11 87:25 96:24 42:14 141:16 197:12 depend [2] 139:18 28:19 depended s 23:15 34:2 34:3 37:3 depending s 26:5 deposed pj 161:10 4:20 deposes [i] 4:10 deposition [27] 2:12 4:3 56:20 76:22 77:4 79:4 79:16 decline pj 139:15 85:4 102:7 118:1 139:16 121:1 130:16 160:5 declined s decorative pj 20:22 decrease s 139:20 20:21 139:12 160:6 161:15 180:12 196:14 197:11 160:10 161:18 180:15 197:6 198:13 161:3 171:20 196:11 197:8 deemed [i] 174:5 depositions s 48:15 defendant s 4:20 76:19 101:25 130:7 8:3 8:4 151:13 describe pj 62:16 Defendant/American 121:8 HI 3:7 described p] Defendant/Armstrong 28:11 31:22 p] 3:18 4:10 48:12 18:14 42:16 Defendant/Monsanto description pj 1:6 [1] 3:11 37:11 41:21 176:7 Defendants p] 2:25 178:3 4:2 designated s 160:2 defense [2] 176:9 deferred pj 35:13 58:3 defined s definitely pj 152:19 185:10 definition s degree s degrees s 92:16 93:2 176:3 25:22 101:17 63:21 178:8 30:16 92:13 93:13 desired PI 198:16 desk [4] 26:19 48:10 66:18 167:2 destruction s 105:25 detail p] 25:13 25:13 86:3 details [6] 27:8 96:14 112:6 115:4 175:9 181:11 detected s 138:18 detection [i] 98:9 delegated [i] 42:17 deleted pj 79:22 determination [i] 185:22 Condenselt! TM determine [7] 99:12 100:15 102:16 102:19 134:16 168:15 169:13 determined [i] 98:25 determining p] 50:2 99:25 134:15 develop [4] 92:18 92:18 112:11 170:25 developed [i] 78:11 developing p] 21:4 164:14 164:17 development [12] 9:6 15:15 16:16 18:7 44:10 44:10 44:17 45:5 45:14 46:4 77:15 164:4 diagram s 114:2 Diamond p] 9:19 9:21 10:16 Dicker [1] 3:9 dielectric pj 157:17 170:20 dielectrical s 115:8 dielectrics pj 41:1 41:12 157:20 diet p] 86:17 87:10 87:17 differ s 89:9 difference s 102:20 differences [i] 65:7 different [is] 51:24 62:9 68:10 69:11 94:1 106:21 111:20 115:23 125:12 182:14 10:14 62:17 69:22 106:21 124:1 differentiate s 195:1 differentiated [i] 177:16 differentiation [i] 177:18 difficult [6] 37:17 65:17 66:21 71:17 139:21 190:9 difficulties [i] 71:19 difficulty [i] 113:4 dig [i] 99:3 dilemma s 140:17 DiMuro [ms] 19:10 19:17 38:1 39:12 47:13 47:24 50:4 51:20 53:2 54:6 54:22 56:19 57:6 58:17 59:19 59:25 61:1 61:8 61:25 62:5 63:2 63:6 63:23 65:6 65:22 65:25 66:15 67:18 69:3 69:25 72:13 75:9 3:12 27:14 43:21 49:15 52:17 54:12 56:24 59:16 60:24 61:12 62:14 63:18 65:10 66:5 68:6 71:12 76:16 76:25 85:17 87:11 92:14 94:25 96:22 101:12 106:5 112:17 114:6 120:5 120:16 123:19 125:13 126:24 131:10 136:16 138:21 140:22 145:24 147:14 155:18 159:9 167:8 169:1 173:7 178:7 182:25 185:25 188:22 192:2 197:25 83:18 86:19 90:16 93:3 95:7 98:10 102:25 110:6 113:13 114:15 120:9 122:21 124:20 126:4 129:10 135:6 137:3 139:3 142:20 146:22 148:21 157:4 160:10 167:11 169:3 174:12 179:22 183:12 186:10 190:18 193:24 198:7 85:8 87:5 91:3 93:16 95:10 100:2 103:22 111:13 113:23 118:8 120:13 123:13 125:1 126:11 130:24 135:21 138:3 139:17 143:13 146:24 149:17 157:24 161:18 167:15 171:3 177:3 181:8 184:9 188:19 190:21 197:24 198:12 dinner HI 36:24 dioctylphthalate s 142:11 direct po] 63:21 67:15 70:13 109:24 117:4 121:2 56:24 69:15 116:21 189:13 directed p] 101:1 101:7 101:9 160:19 directing pj 149:3 70:21 direction pj 16:1 28:11 156:4 Directive s 171:15 directly [6] 80:25 129:2 166:4 166:5 76:2 153:18 director p2] 36:14 36:21 38:10 42:5 44:18 44:22 45:5 45:14 45:22 46:4 68:9 115:8 127:7 155:19 18:5 36:22 44:11 45:4 45:16 50:9 119:9 174:2 directors pj 22:25 22:25 disappears 139:13 discarding [i] 27:4 discomfort p] 138:1 138:16 discontinuation [i] 151:17 discontinue pj 98:12 111:22 discontinued [2] 37:25 156:18 day-to-day - District JUNE 25, 1998 discontinuing [i] 97:24 discounted [i] 72.-1 discourage pi 124:6 124:19 124:24 discovered p] 170:5 181:19 181:22 discovery [i] 103:6 discrepancy [i] 145:6 discretion [i] 150:7 discuss [6] 17:6 23:18 71:2 73:18 119:21 158:13 discussed pi] 68:23 72:7 73:1 73:22 111:21 134:18 175:22 22:18 72:24 84:10 174:10 discussing p] 72:7 72:16 135:15 176:22 discussion p] 76:15 95:25 109:23 111:25 166:8 71:5 96:4 144:3 discussions ps] 37:23 47:9 48:19 57:22 68:18 68:20 71:19 72:3 72:10 72:11 72:25 75:3 75:6 83:14 83:19 86:23 87:9 96:6 97:8 98:6 98:11 99:8 105:20 106:1 110:3 110:10 110:13 110:22 112:5 118:12 119:15 122:9 127:17 135:8 172:19 180:1 180:3 194:24 dispute pi 56:7 92:8 96:15 108:7 108:19 disputing pj 66:16 119:20 187:21 disrespectfully [i] 156:11 disseminated iPI 26:13 164:11 dissertation [i | 6:13 distinction [ii]1 165:7 165:11 165:18 177:12 188:15 188:24 189:6 189:13 189:15 189:16 191:5 distinctions [i] 177:25 distinguish [i] 12:19 distinguished [i] 40:11 distractions [i] 33:21 distributed [4] 88:24 88:25 144:19 150:15 distributions 127:17 128:24 132:3 132:9 distributors p] 118.12 118:14 119:3 119:7 119:11 Districts 2.1 2:1 2:20 2:20 Index Page 6 TOWOLDMONOQ51901 CUMMING PATON divided [i] 22:4 division [36] 7:9 7:11 11:5 11:9 13:5 13:12 14:4 14:8 15:6 21:23 36:13 36:23 38:24 39:10 40:23 44:12 44:15 44:18 68:14 78:24 97:13 101:4 106:12 123:23 144:20 156:2 161:20 162:12 163:18 165:2 186:23 192:16 192:18 193:5 193:5 195:3 division's [i] 31:15 divisions [i] 14:9 Doctor HI doctoral [i] 4:16 6:13 doctorate [i] 6:11 document [so] 51:16 55:20 59:1 62:8 64:1 64:21 64:24 67:10 76:16 76:18 77:9 79:9 79:12 85:6 86:22 87:1 93:21 93:22 95:1 100:23 103:14 107:4 107:13 108:22 111:6 114:10 115:16 116:9 116:16 117:8 117:17 118:2 120:6 120:12 120:25 125:24 126:2 126:18 129:23 129:25 130:16 144:8 149:14 149:19 151:8 154:17 157:6 167:2 172:14 173:1 174:7 176:8 187:15 51:6 55:25 62:15 64:22 67:25 77:1 79:9 85:11 87:24 94:5 102:5 107:10 108:25 115:13 116:12 117:14 120:2 120:23 126:1 126:21 130:6 144:11 149:20 157:3 171:19 173:15 183:7 documenting [i] 122:18 documents [24] 65:23 65:24 67:14 97:1 97:25 102:1 102:4 105:7 105:10 119:22 120:19 120:21 121:18 122:14 160:11 160:13 160:14 160:18 166:11 166:15 170:2 181:11 181:14 186:21 dodge [i] 27:19 doesn't [23] 76:17 79:13 82:13 85:21 113:24 113:25 117:19 117:19 126:18 135:23 141:9 145:18 185:7 188:15 189:5 53:6 79:14 107:15 115:17 118:5 141:8 156:2 189:3 dogs p] 175:3 175:17 dollar [i] 23:8 dollars [1] 109:17 domestically [i] 44:3 Don [4] 59:5 59:7 127:4 154:1 don'ts PI 121:7 121:5 Donald [i] 127:4 done [39] 12:10 21:2 22:6 28:1 47:6 48:12 54:25 54:25 67:4 75:22 83:3 83:5 89:1 95:23 98:14 109:6 114:2 114:11 118:22 128:23 152:9 154:18 163:15 169:22 182:4 194:21 5:11 21:21 46:12 54:14 55:9 82:3 83:5 96:5 113:25 118:21 133:22 154:20 180:18 door[i] 116:14 DOP [i 142:19 doS [2] 121:5 121:7 doubt [5] 58:1 58:2 63:12 86:15 186:22 doubts [i] down [37] 22:23 23:13 35:1 37:18 52:6 60:20 61:6 61:23 71:15 71:23 79:17 83:7 89:3 100:11 105:13 108:13 119:2 131:8 131:13 131:14 141:8 146:7 147:25 148:2 66:12 5:15 28:16 46:14 60:22 63:4 78:9 84:18 100:11 112:8 131:12 135:24 147:3 189:23 down-turn [i] 115:24 Dr [48] 19:11 50:15 50:18 55:14 66:19 69:24 71:16 79:16 86:11 92:15 102:11 126:5 131:10 158:12 158:23 181:18 4:14 19:18 50:17 51:19 57:10 67:20 70:1 72:21 84:4 86:12 100:3 103:1 126:12 158:2 158:17 177:4 4:14 48:25 50:18 55:9 57:18 69:16 71:13 75:2 84:11 91:4 102:11 111:14 129:11 158:5 158:21 181:5 draft p] 64:12 108:24 drafting [4] 64:6 64:10 64:16 65:20 drafts [i] 127:25 drag [i] 133:23 drastic [5] 183:8 183:10 183:16 183:25 184:7 Condcnselt! TM drastically [4] 133:6 183:15 draw [2] 24:14 drawing [i] drawn [i] drew [2] 84:24 drive [i] 32:13 drop-offs [i] drove [i] drums [4] 128:9 128:11 Duane [i] due[i] 134:18 duly [2] 196:5 DuPont p] 90:4 during nsi 19:1 20:15 23:22 24:8 33:11 39:6 47:10 68:3 94:19 95:15 153:10 165:8 duties [2] 163:17 133:2 183:21 93:10 132:7 137:22 84:25 121:25 32:12 128:8 187:10 3:20 196:9 20:12 10:20 21:24 26:23 47:5 76:21 117:12 161:21 -E- E[6] 3:1 3:1 173:15 173:20 173:25 174:25 E.C[i] 132:18 E.H [l] 132:15 E.P [i] 106:13 earliest p] 48:21 157:21 166:21 early [2i] 10:20 14:4 15:4 38:25 48:7 48:19 60:15 72:4 74:14 74:21 74:24 166:23 169:7 177:21 7:3 14:12 44:19 49:7 72:25 74:22 168:8 easier [i] easily pj 148:11 150:5 118:22 Edelman [i] education pj 6:6 3:9 6:5 educational [i] 6:4 Edward [i] 102:11 effect p] 107:20 108:1 109:14 133:15 139:12 effective [S] 32:21 140:18 140:19 140:25 142:11 effectiveness [i] 142:5 effects [2] 110:20 69:10 efficiently [i] 28:8 effort [7] 45:10 97:15 106:11 106:12 106:17 112:13 134:13 efforts [i] 136:21 eggs [2] 81:23 82:4 eight p] 2:14 154:25 either [i7] 25:20 44:9 68:14 71:25 115:7 140:9 150:24 158:22 164:11 165:22 193:16 23:24 53:20 82:13 145:17 163:25 193:15 elements [ij 176:4 Elmer pj 50:7 55:22 74:20 78:3 78:15 102:12 181:3 Elser[i]3:9 embarked p] 169:10 168:13 Emmet p] 50:7 50:8 180:21 48:22 74:19 emphasize [i] 136:2 employed p] 196:13 196:15 employee p] 120:20 196:14 employees [i] 174:8 employment pj 6:25 7:1 149:25 153:11 enclosed p] 78:10 149:6 198:13 198:14 enclosure [i] 87:25 Enclosures [i] 198:23 encompass [i] 16:9 encompassed 11] 42:13 encourage [i] 139:15 encouraged [5] 123:4 138:19 138:25 139:5 166:1 end po] 12:22 24:17 39:21 45:25 46:7 55:5 71:17 72:2 79:18 99:9 117:6 126:5 150:3 13:19 39:25 47:17 71:20 97:16 117:7 156:20 endangered [i] 70:7 endangering [i] 69:20 ended [i] 163:9 endsp] 57:10 engaged [i] 169:8 engineering [i] 154:25 engineers [2] 17:5 155:5 England p] 9:8 9:5 enormously i;i] 29:2 ensue [i] 110:5 entail [i] 163:19 enter [i] 115.23 entered p] 75:14 divided - eventually JUNE 25, 1998 108:7 entering [i] 30:9 entire [i] 13:4 entirely [i] 116:1 entitled [3] 115:14 117:22 119:13 entry [i] 82:8 environment [39] 47:7 47:23 49:7 49:9 49:14 50:3 50:25 51:19 66:9 73:14 73:18 94:24 97:21 98:9 98:20 99:11 99:13 99:18 99:20 100:17 102:15 103:21 105:5 106:2 114:14 124:10 133:15 134:22 136:13 136:15 137:20 138:8 138:18 139:8 141:8 166:23 167:17 167:20 190:2 environmental [i3] 97:9 105:24 109:4 122:7 166:19 166:20 167:7 167:12 184:22 190:4 190:11 191:15 191:21 EPA p] 171:16 193:14 equals [i] 23:8 equation p] 141:13 errata p] 198:16 198:18 23:5 198:14 Escambia p] 96:5 96:7 96:21 95:23 96:11 escape i] Esq p] 3:4 3:12 3:15 198:7 106:18 3:8 3:19 essence HI 136:11 essentially p] 14:6 21:11 56:14 111:20 establishments [i] 86:3 Estate p] 2:21 2:3 estimation [i] 24:10 et p] 2:4 2:23 83:25 198:10 etc [li] 97:5 134:8 137:8 75:23 134:7 134:24 168:17 75:23 134:8 137:8 168:17 Ethel [i] 198:2 Ethyl [i] 92:23 Europe p] 81:12 81:14 127:21 evaluate p] 138:5 137:7 evaluating pj 146:20 147:1 147:16 event p] 90:1 113:11 173:4 events [i] 79:11 eventually [i] 72:1 Index Page 7 TOWOLDMONOQ51902 CUMMING PATON everybody [2] 26:15 36:2 everyday [i] 194:23 evolving [i] 178:23 exact [7] 9:1 40:16 44:11 103:3 157:25 161:12 175:9 exactly [i3] 16:11 24:4 31:16 38:7 49:24 74:25 136:5 136:6 11:13 24:12 41:17 113:6 189:24 examination [3] 4:12 159:18 196:11 examined [3] 2:13 4:9 196:10 example [6] 17:7 38:13 88:19 99:14 128:18 140:23 examples [i] 90:3 except [i] 41:25 Executed [i] 197:15 executive [ij 45:21 Executrix [2] 2:3 2:21 exempt [i] 54:15 exhibit [i7] 63:14 76:11 87:21 107:7 125:21 129:21 144:5 148:16 151:4 154:9 182:19 58:23 76:18 115:10 130:15 149:11 156:25 Exhibits [2] 1:21 1:5 existence m 101:23 existing [i] 18:8 exited m 77:4 85:4 118:1 160:10 expand [i] 53:21 expect [i] 25:8 expected [4] 5:4 25:21 38:20 164:22 expedite [i] 93:6 expenditure m 23:5 expense [i] 23:11 expensive [i] 142:22 experience [8] 8:13 28:20 111:10 150:1 173:13 5:3 30:10 173:9 experiences [i] 19:14 expert [i] 62:22 expertise [4] 28:21 75:24 158:10 168:1 Expires [i] 197:22 explain [4] 29:10 118:13 136:8 181:4 explaining [i] 12:3 explanation [i] 17:12 explore [2] 30:12 19:3 exporting [i] 103:10 exports [i] 22:17 exposure [8] 171:2 176:6 179:16 179:20 193:16 72:2 178:2 193:12 expressed [2] 138:15 138:17 expressly [i] 4:6 extended [2] 86:1 93:9 extensive [3] 153:14 153:15 163:3 extensively [i] 39:9 extent [io] 28:20 73:21 134:16 135:7 163:22 169:15 8:13 83:19 137:1 181:14 exterior [2] 20:22 20:19 extremely [i] 65:17 -F- F [2] 90:15 faced [i] facility [2] 8:21 fact [13] 11:10 52:14 80:17 117:12 125:15 166:1 167:4 189:5 192:15 factor [i] factors [2] 190:8 facts [2] 136:24 factually [i] Fahrenheit [i] failing [i] fair [4] 44:13 163:2 165:20 fairly [4] 29:20 41:2 falcon [i] fallen [i] falling [2] 25:6 familiar [7] 31:3 79:13 86:12 130:2 far [6] 24:24 101:18 111:15 188:11 farther [i] fastly [i] faulty [i] FDA [2] 171:16 February [23] 61:10 61:18 80:14 80:14 116:7 117:6 117:12 119:15 124:14 124:16 138:24 157:10 184:4 191:18 192:2 93:9 140:10 7:15 51:17 99:2 152:19 167:7 141:11 140:13 141:17 132:1 93:2 54:15 64:18 28:23 65:3 69:21 154:6 25:3 5:2 79:14 194:10 100:19 145:25 109:9 174:16 129:18 193:14 59:2 62:24 81:3 117:7 123:3 124:23 159:6 191:19 Condensclt! TM Federal p] 193:14 171:15 feed [3] 15:19 127:14 129:9 feeding [4] 81:23 102:18 168:14 169:12 feelings p] 62:21 21:7 fell [i] 99:23 felt [5] 32:18 53:13 105:15 171:12 181:12 Fcrrar p] 18:5 18:17 50:8 50:17 100:19 102:11 103:19 few [3] 4:18 161:2 161:1 field ps] 11:21 11:23 15:20 16:2 22:15 28:11 38:10 88:4 90:6 115:14 117:22 121:14 124:4 124:18 125:10 125:18 127:7 128:4 139:24 144:17 148:1 161:21 165:3 11:18 15:9 21:5 35:10 88:21 117:9 123:3 125:7 127:6 128:21 147:7 164:23 fight [i] 147:5 figures p] 107:22 107:21 file [3] 26:16 40:15 172:1 filed [i] 26:20 files [5] 24:9 26:18 26:19 26:21 26:24 filing [i] 198:18 fill [l] 144:17 filled [i] 25:16 film [4] 91:17 91:18 91:19 91:23 final p] 21:25 22:7 24:17 34:24 64:9 78:10 133:23 financial p] 25:13 25:13 46:9 financially [i] 196:15 finding [5] 66:20 69:9 95:5 55:10 69:10 findings [4] 68:25 73:1 55:3 96:21 finds [i] 52:7 fine [6] 7:22 8:8 70:23 190:22 8:2 155:9 finger [i] 33:8 finish [5] 52:22 70:18 142:2 44:7 104:12 finished [3] 59:4 85:9 142:3 finishes [i] 70:20 fire [12] 140:14 140:15 140:18 140:19 141:2 everybody - forwarded JUNE 25, 1998 141:5 141:9 155:7 141:6 141:9 154:24 155:2 firm [i] 77:22 first [4i] 5:25 7:7 11:12 16:19 38:3 48:4 55:2 59:5 59:12 61:14 63:25 64:24 68:24 70:22 70:23 78:8 79:20 85:19 89:3 90:19 92:20 104:18 131:21 148:2 156:19 171:22 173:11 7:5 15:6 39:5 57:1 60:25 63:25 70:16 77:11 82:9 89:11 104:15 145:4 160:24 196:9 fish p] 52:7 86:16 95:6 95:17 175:2 58:12 95:16 175:23 fit [i] 18:12 five [5] 4:25 147:19 147:24 161:11 161:12 flew [i] 32:12 flip [8] 90:11 94:15 105:12 106:9 109:8 111:17 113:15 126:4 Flipping [5] 83:24 86:13 103:25 107:18 112:7 floor p] 152:16 152:18 152:19 flooring p] 155:22 155:21 Florida PI fluid p] 60:13 140:21 151:18 155:2 155:2 155:7 96:18 96:20 153:13 155:3 fluids [24] 40:25 41:1 41:9 41:10 41:12 43:6 50:10 59:9 60:15 73:4 73:12 112:9 129:17 154:2 170:16 171:7 40:24 41:4 41:11 43:9 59:10 73:8 127:9 157:17 focused p] 94:19 31:14 focusing [i] 23:4 folks [i] 128:4 follow [6] 23:22 25:4 26:12 38:20 48:25 123:16 followed p] 24:25 54:20 following [9] 86:13 91:16 97:19 111:3 138:9 158:15 86:2 95:14 122:19 follows [3] 109:22 111:1 159:4 food [7] 108:17 127:13 129:9 171:2 185:13 185:14 193:2 foot [1] 116:14 force [6 ] 16:2 28:12 35:7 37:13 38:10 88:4 Ford [i] 153:25 Fording [i] 132:15 forecast [i] 20:24 forecasts p] 15:24 16:21 28:2 foregoing pi 197:6 197:13 forenoon [i] 2:14 forgotten [6] 18:9 52:12 54:21 60:4 113:6 143:22 form [89] 19:10 19:17 27:14 38:1 39:12 43:21 47:24 49:15 50:4 51:20 52:17 54:6 54:22 57:6 58:17 61:12 61:25 62:2 63:6 64:10 65:6 65:10 66:1 66:5 66:15 68:6 69:3 69:25 71:12 72:13 75:9 78:10 86:19 87:5 87:11 91:3 92:14 93:3 93:16 96:22 98:10 100:2 101:12 102:25 103:22 106:5 111:13 112:17 113:13 113:23 114:6 114:15 122:21 123:13 123:19 124:20 125:1 125:13 126:11 126:24 129:10 135:6 135:21 136:16 137:3 138:3 138:21 139:3 139:17 140:22 142:20 143:13 145:24 146:22 146:24 147:14 155:18 157:24 159:9 167:8 169:1 173:7 174:12 177:3 179:22 181:8 184:9 190:18 197:7 formal [5] 27:12 38:18 50:23 6:6 39:16 format PI 144:19 144:20 146:3 formed [i] former PI Formula [i] 46:13 120:20 90:17 formulas m 109:10 formulation [9] 89:16 90:4 90:5 90:19 91:15 92:2 92:9 92:18 93:6 formulations i[1 10:7 29:15 31:1 89:14 89:19 142:6 forth p] 11:20 15:25 20:24 36:11 37:4 141:17 177:22 forward [2] 182:6 21:6 forwarded [3] 51:18 Index Page 8 TOWOLDMONOQ51903 CUMMING PATON 74:9 74:15 found [28] 55:15 58:11 66:8 68:19 86:16 96:11 97:20 98:17 99:3 99:5 124:10 133:14 134:21 137:20 166:22 166:22 181:23 182:1 52:11 58:19 73:13 97:7 98:22 102:15 134:19 138:8 167:21 190:1 four [2] 147:18 147:24 fourth [2] 105:13 78:9 FR[7] 59:24 60:23 61:3 61:19 62:6 151:18 156:18 FR-1 [i 156:23 FR-11 [2] 156:22 156:20 FR-2 [i 60:3 frame [22] 26:23 33:11 47:2 47:21 87:2 87:7 91:2 92:6 99:8 110:4 135:16 165:15 167:25 168:8 20:6 40:2 74:14 87:9 99:1 126:13 166:12 184:5 frames [i] Francher [i] 27:17 174:25 Francisco [2] 55:8 175:23 Frank [4] 154:19 154:21 155:8 155:8 frankly [3] 147:20 149:22 157:7 Fred p] 153:25 freem 67:17 frequently [2] 33:10 181:5 fresh [i] 27:13 front [i] 40:16 FRspj 152:1 full [4] 6:19 6:22 95:14 192:24 full-scale [i] 164:17 full-time [i] 106:11 functional [sj 41:3 41:8 73:8 73:12 140:20 functions [8] 15:17 16:13 31:4 37:17 42:22 15:14 23:16 42:18 funneled [i] 163:24 furnish PI 143:25 115:4 furnished [ij 107:1 furniture [7] 90:20 91:1 91:11 91:13 90:13 91:10 91:13 future [i] 143:5 fuzzy [4] 13:17 27:9 39:22 44:6 -G- G-O-S- SAG -E [l] 42:3 gain [i] 168:3 Gann [i] 154:1 Gary[i] 3:4 Gateway [i] 3:9 gauge [i] 26:14 GC[2] 81:17 81:22 gee[i] 123:9 Geigy [2] 10:11 Gene p] 80:16 general [16] 30:15 33:16 37:9 37:11 42:8 42:9 78:23 123:24 139:18 144:20 generally [131 27:11 28.13 33:19 38:3 86:1 87:1 124:2 124:3 9:4 80:18 29:20 36:7 41:22 42:9 128:5 162:4 19:22 29:13 63:20 88:14 124:3 generated p] 25:9 118:3 177:22 generating [i] 25:10 gentlemen pj 5:12 103:18 172:1 geographical [i] 12:12 geography [i] 103:3 Georgia p] 95:16 151:20 181:24 Gerard [i] 3:15 Ginsberg [i] 3:4 gist [2] 10:5 given pi] 36:5 36:7 67:2 73:22 102:1 103:10 118:6 121:9 121:24 143:17 150:6 181:10 194:25 196:12 108:18 14:10 48:14 82:6 117:11 121:10 150:4 194:25 giving [8j 28:11 32:1 96:16 101:25 187:23 glancing [i] 16:3 54:1 187:17 58:2 globally [i] 102:23 goal [i] 123:21 God p] 54:9 goes [4] 8:5 148:2 176:3 gone pi] 22:22 23:20 34:9 128:3 153:18 164:1 193:7 good [is] 16:12 35:14 132:5 141:2 141:10 141:11 74:24 58:14 16:25 32:7 142:17 181:3 4:14 61:2 141:2 143:19 Condenselt! TM found - identification JUNE 25, 1998 155:15 156:3 156:14 156:15 180:25 Goodness [i] 78:6 goods p] 23:10 23:9 Gossage [i] 42:3 government [sj 81:24 82:16 127:20 178:21 179:2 governmental PI 97:23 graces [i] 155:15 graduated P] 6:8 6:11 grain [l] 179:9 grateful [i] 180:25 great p] 54:13 68:8 73:9 142:11 142:13 170:7 184:11 Greene ri] 3:16 Greensboro [i] 3:17 group [is] 11:4 11:21 15:7 15:12 26:9 41:8 68:10 88:12 100:14 102:13 154:2 161:21 10:2 14:7 21:22 41:25 88:15 115:20 165:25 groups [i] 59:9 growing p] 98:8 91:6 guess [i6] 5:21 7:4 64:17 64:17 64:19 87:25 92:16 102:1 107:6 123:20 128:11 145:16 149:9 151:21 151:22 152:11 guessing [i] 40:4 guidance pj 11:20 11:22 28:25 29:3 121:9 121:10 161:23 Gulf[i] 95:17 hard [ii] 16:11 37:15 38:7 133:11 144:14 160:16 160:21 33:21 101:15 152:24 189:23 Hardy [5] 81:10 81:11 86:24 81:9 86:23 hat[ij 156:10 hazard p] 190:12 190:4 hazards [i] 184:23 hazy [4] 87:12 112:25 127:9 171:17 he'd[i] 180:23 head [5] 9:5 48:22 118:14 182:22 183:3 headed [i] 104:14 heading pj 117:25 81:21 health [4] 179:12 179:20 181:7 193:12 hear p] 5:5 8:6 47:5 47:22 48:4 heard [is] 48:2 48:8 55:2 60:14 68:24 77:17 147:4 157:25 180:11 180:19 5:8 53:25 68:21 86:6 166:21 hearing pj 68:4 80:4 96:9 96:25 157:21 180:17 57:17 95:11 153:5 hearings [ij 84:23 heatp] 40:25 41:11 60:13 60:15 93:7 154:24 170:19 heated [i] 92:17 heating pj 93:2 92:12 heavier [i] 142:22 Heckscher p] 3:20 78:24 highly [3] 58:3 82:5 166:3 himself p] 70:7 69:20 Hincklerp] 78:19 hindsight [i] 54:4 hirep] 173:5 hired p] 9:19 history [i] 169:18 173:17 hoc [4] 101:23 194:18 194:20 194:22 Hodges p] 103:19 102:11 hold [3] 10:24 54:4 64:20 Honestly [i] 148:24 hope [4] 14:9 16:11 53:5 175:16 hopefully [i] 25:11 hopes [i] 37:24 hoping p] 23:14 22:13 hot [io] 90:12 91:5 93:18 89:14 90:20 91:9 189:9 89:15 90:25 91:17 hours [4] 2:13 29:8 32:13 159:21 Howard [i] 78:22 human pj 87:10 87:17 141:10 171:1 193:12 86:17 140:15 171:13 humans [6] 52:8 69:2 157:23 159:8 185:13 193:3 hundred [4j 29:17 44:4 13:2 113:2 Hunt p] 82:9 82:12 Hutchison [i] 132:3 guys [l] 76:14 -H- H[i] 3:15 H-I-N-C-K-L -E-Rp] 78:20 half p] 35:18 116:14 hammer [i] 139:9 hand [6] 64:20 113:25 136:12 136:13 141:11 196:16 handed [i] 85:5 handle [3] 119:7 121:25 122:10 handled [2] 119:24 18:2 handling [i] 15:24 handwritten pj 155:11 happening p] 73:4 73:7 happy [2] 5:23 5:7 heels [i] 99:3 held pi] 10:11 33:18 48:19 57:18 72:18 76:15 95:25 Helms [i] help [16] 11:19 12:4 15:16 52:15 53:22 77:2 113:19 155:14 156:1 156:17 194:25 helped pj 155:25 helpful [i] helping [i] Hercules p] 90:4 hereby [4] 196:6 197:5 hereto [i] hereunto [ij higher p] 33:10 56:22 73:17 144:3 3:15 12:1 42:24 60:17 155:5 156:2 64:10 155:4 113:10 20:10 4:1 197:10 196:15 196:16 54:5 hydraulic p] 41:12 43:5 70:20 41:1 43:9 hygiene p] 173:25 48:23 hypothetical [ij 139:21 hypothetically [i] 164:4 -I- IBT [2] 169:18 169:22 idea [ii] 14:10 54:20 71:14 83:22 83:23 84:16 132:6 36:7 81:16 84:6 147:21 ideas m 32:20 identification [i] 47:22 48:2 48:3 48:5 58:23 63:14 76:11 87:21 107:7 115:10 125:21 129:21 144:5 148:16 149:11 Index Page 9 TOWOLDMONOQ51904 CUMMING PATON 150:5 151:4 154:9 156:25 identified po] 47:6 66:13 69:1 69:6 69:7 76:19 94:24 98:14 98:20 190:5 identify p] 20:8 145:3 171:22 ignorant p] 181:13 II [l] 3:5 Illinois p] 196:6 2:19 image p] 135:25 imagine p] 91:11 immediately [2] 96:20 137:10 imperative p] 72:23 implement p] 128:1 128:5 implications p] 72:23 implying p] 69:21 importance p] 30:16 important p] 28:9 34:4 72:12 156:9 imported p] 44:25 impossible pj 97:20 176:10 impression p] 102:3 in-house p] 83:19 Inc [6] 2:7 3:18 4:10 172:13 2:24 4:19 incident [8] 60:12 96:9 103:9 180:8 181:21 60:11 96:13 180:11 incidents p] 95:18 102:14 incineration p] 105:25 include p] 9:10 14:12 35:6 37:23 162:1 187:5 8:17 18:2 82:22 included ps] 11:7 14:16 18:13 19:23 31:17 33:17 35:9 43:18 57:9 57:13 57:19 60:2 87:16 94:17 102:10 131:14 133:16 157:14 including p] 93:14 162:12 190:1 193:24 income [2] 54:15 23:14 inconsistent p] 135:25 incorporated p] 89:20 90:6 increase p] 45:7 45:9 123:4 123:7 139:1 increased p] 37:24 125:11 125:15 Indp] 75:3 indebted p] 89:12 indeed pj 90:2 133:8 134:18 137:23 139:11 140:7 146:25 164:24 INDEX p] 1:5 1:1 indicate pj 26:10 118:5 146:8 186:2 198:16 5:8 131:9 186:8 indicated pi] 20:21 137:17 140:8 158:1 170:3 175:25 191:9 192:15 indicating p] 124:8 127:19 189:25 indications p] 25:11 indicator pj 69:21 individual p] 21:20 30:17 178:20 individually p] 2:4 2:22 individuals [7] 17:18 18:17 38:19 68:15 68:23 152:6 153:2 inducements p] 140:1 industrial p6] 20:20 48:23 75:3 75:14 75:18 76:5 101:20 134:15 168:14 169:11 169:11 172:12 173:23 173:25 174:4 174:10 Industries p] 2:7 2:23 3:18 4:10 4:19 7:25 159:24 industry p] 46:18 91:10 127:21 inevitable p] 61:23 63:3 informal [i] 32:21 information [67] 24:5 24:7 28:5 28:8 29:16 29:20 29:22 30:6 30:14 30:15 31:23 50:18 65:12 73:25 88:3 88:17 89:10 96:16 100:7 103:8 106:22 106:25 108:4 108:10 109:17 109:19 110:21 111:7 114:4 114:5 115:4 122:18 137:7 138:6 141:17 143:18 143:24 147:11 148:1 148:5 162:1 163:8 163:19 163:21 163:24 164:6 164:13 164:22 165:3 165:22 166:3 168:10 169:7 175:5 175:13 177:22 180:23 180:24 181:6 181:23 182:3 182:23 184:4 184:12 190:10 191:10 194:6 Condenselt! informed [3] 57:15 94:10 135:12 informing p] 158:14 165:22 192:7 ingest [i] 171:13 ingredients [i] 93:14 inherited [i] 21:13 inhibit [i] 136:20 initial pi 12:18 64:12 93:12 103:6 103:7 initiate [2] 15:19 112:11 initiated [4] 27:7 127:23 152:23 152:25 initiative |2] 110:1 145:14 Inn [2] 2:15 196:6 input [12] 22:10 23:15 103:19 104:9 104:23 105:4 109:23 145:12 21:5 24:2 104:18 109:3 inquiries [i] 73:20 inside [i] 179:9 instance [2] 164:19 19:15 instances is] 19:1 19:7 20:14 153:2 162:9 instead [i] 155:25 institute p] 54:15 158:21 158:24 instructing [3] 190:14 191:1 195:5 intended [2] 56:12 176:4 intends [i] 56:12 intent [i] 92:20 interacting [i] 43:18 interaction [i] 43:23 interest [i] 137:17 interested [7] 49:18 49:22 55:18 69:13 172:22 172:24 196:15 interface [i] 178:20 interimp] 75:25 112:9 193:7 interior p] 20:19 20:21 internal [4] 26:7 164:13 164:16 195:4 international [4] 14:4 45:15 45:16 46:16 internationally p] 45:7 interpret [i] 147:10 interpretation [i] 150:12 interpretations [i] 176:12 introduced p] 5:19 159:21 introducing [i] 145:16 introduction [i] 137:5 inventoried [i] 122:11 inventory [i] 122:19 investigate [i] 67:5 investigating [i] 51:5 investigation pj 84:22 103:20 167:24 investigations p] 49:18 74:3 106:24 investigative p] 6/:7 investigatory [i] 49:13 investment p] 45:7 45:9 45:11 invited PI 71:1 37:3 involve [2] 46:19 12:6 involved p4] 17:11 28:17 34:22 36:18 40:6 42:19 44:24 50:7 50:11 53:10 60:14 67:8 75:12 81:6 101:19 102:13 108:20 127:8 140:13 157:17 158:5 177:20 192:24 192:25 involvement p] 75:18 96:23 153:13 173:20 involving [6] 60:13 84:22 102:14 127:20 179:2 189:10 irate [i] 17:10 Islands [i] 58:15 isolation [i] 103:12 issue [32] 19:8 24:2 26:6 48:17 49:6 50:24 51:5 57:15 57:19 57:23 57:24 72:17 73:1 73:13 73:18 75:8 98:7 110:23 111:12 114:14 117:15 121:14 121:25 122:3 122:10 122:15 127:10 140:16 152:12 178:15 187:17 193:8 issued p] 143:21 89:5 issues [i3] 17:16 32:11 68:18 72:12 84:10 104:18 134:5 134:17 16:18 37:20 75:15 105:8 134:25 Item [i] 116:23 items p] 38:5 86:16 87:16 itself [2] 170:4 188:14 -JJin 174:24 identified - Keller JUNE 25, 1998 January [8] 83:25 84:4 123:2 124:5 124:13 124:16 124:17 131:16 Japan pj 60:8 60:11 60:13 180:8 Japanese p] 59:14 59:21 59:22 103:9 JBS [l] 2:6 Jensen po] 48:18 51:23 52:15 66:13 85:22 86:1 48:13 52:2 66:18 167:3 Jersey pi 2:1 2:20 3:6 3:10 3:14 153:24 159:22 160:25 198:9 jigsaw [i] Jimp] 13:1 17:21 121:18 154:1 155:11 155:19 170:11 13:15 121:22 155:11 JOAN p] 2:4 2:21 2:3 2:22 job [i7] 15:2 15:15 16:6 23:17 28:10 31:1 40:11 41:21 42:11 68:9 117:23 123:9 123:11 127:7 155:9 174:24 176:1 Joe p] 17:18 18:18 31:6 37:14 79:5 100:19 153:6 156:14 John [2] 102:11 103:19 Johnson [i] 57:11 join p] 33:4 62:20 joined p] 9:4 12:18 30:22 80:9 joint [2] 45:21 45:22 jointly [i] 22:6 Jrp] 3:15 judging [i] 183:4 judgment p] 22:18 58:4 70:11 July [5] 51:8 51:10 82:20 196:17 198:6 jump [i] 38:22 jumping [i] 46:25 June [6] 2:13 56:13 56:17 86:18 87:2 198:13 -K- K[i] 172:2 K-U-H-N[i] Kaneclorp] keep r6] 5:1 57:14 91:24 123:22 Keller ps] 50:18 51:7 64:21 64:25 65:22 67:11 78:13 79:10 83:25 84:4 83:9 59:23 26:16 102:14 50:15 55:21 65:14 76:21 79:16 84:11 Index Page 10 TOWOLDMONOQ51905 CUMMING PATON 85:11 93:21 94:2 94:3 100:24 103:14 106:14 108:23 134:13 Kelly [i3] 48:25 50:7 50:17 51:19 74:19 81:4 180:21 181:5 48:22 50:8 57:10 81:4 181:18 Ken [3] 22:2 34:15 34:16 kept [5] 27:1 33:2 54:15 128:1 161:12 Keiesears [i] 17:21 key[i] 45:8 Kimbrough [5] 158:5 158:12 158:17 158:23 159:1 Kimbrough's [2] 158:2 158:21 kind [26] 11:7 14:7 16:9 20:18 22:9 26:14 29:3 30:5 30:25 31:20 36:1 36:9 49:13 80:11 88:3 106:22 106:25 112:13 147:21 148:10 162:19 164:15 164:18 175:12 176:1 178:21 kinds [i] 30:1 knew [io] 27:7 52:11 67:4 70:3 99:16 103:3 17:22 53:17 95:7 174:22 knowing [5] 49:19 73:15 87:17 172:22 180:17 knowledge [i3] 7:15 57:4 63:10 73:4 73:6 82:2 96:24 124:5 124:18 142:24 152:2 160:2 196:9 knowledgeable [i] 31:25 known p] 10:2 11:4 48:13 80:10 110:20 132:6 166:6 knows [3] 54:9 74:24 78:6 Koch [i] 17:21 Korea pj 45:24 45:21 Korean [i] 45:23 Kuhn p] 83:8 83:11 83:22 -L- L [l] 175:25 L-95-CV[i] L.L.P[i] lab [3] 32:2 175:7 label [i] 187:5 labeled p] 111:22 labels [6] 2:5 3:15 112:23 111:21 110:21 127:18 128:6 129:8 187:2 187:9 Laboratories [i] 172:13 laboratory [4] 9:5 12:6 12:7 173:5 labs [4] 30:24 81:24 166:2 174:10 lackji] 136:20 ladies [i] 5:11 laid p] 112:9 126:22 Lake p |95:16 95:19 Lancaster [6] 151:20 152:8 153:1 153:23 154:5 154:6 language [4] 65:3 129:8 187:6 187:11 lapse [i] 73:23 larger [4] 71:6 71:10 73:12 73:17 largest [i] 22:11 last [i9] 28:10 44:1 54:19 58:10 71:23 75:2 76:21 78:11 83:24 85:25 93:25 101:6 115:22 117:2 131:10 143:9 185:9 185:25 186:1 late p4] 10:20 11:17 14:12 15:4 17:24 20:6 23:1 32:23 32:24 36:17 47:3 59:10 68:4 84:6 84:16 97:8 98:2 100:21 105:1 105:8 110:4 112:14 168:8 169:7 latest [i] 149:5 Latham p] 198:8 3:13 latices [2] 8:16 8:11 Latin [is] 14:5 38:24 39:9 39:11 39:18 39:20 40:23 42:25 43:4 115:20 116:13 133:20 133:22 135:11 149:23 150:18 171:7 193:6 latter pj 21:15 10:22 Laurel [i] law p] 3:4 3:6 83:12 lawful [i] 4:9 lawsuit p] 84:22 159:23 160:25 lawsuits [4] 109:24 110:5 110:8 110:15 lawyers pj 110:14 110:10 lead p] 97:23 100:1 leading p] 69:21 20:8 leaf [i] 162:19 leaking [i] 170:20 Condenselt!1 learn p] 72:16 174:5 learned [4] 25:19 54:24 167:18 181:6 learning p] 94:22 167:6 167:14 least [6] 57:14 142:9 156:4 167:17 192:24 193:5 leave [i] 26:19 leaves [i] 136:8 led p] 170:10 183:19 left p] 5:12 9:12 115:20 127:6 129:15 181:13 192:20 195:2 legal [8] 75:4 75:7 75:12 83:9 83:14 110:2 111:1 117:3 length [i] 141:6 less [ii] 22:19 25:20 28:4 28:25 31:11 100:12 105:16 138:24 183:5 183:17 184:12 letter [48] 64:22 77:8 78:2 79:22 79:23 81:4 81:4 81:9 82:9 112:8 116:7 116:17 116:22 117:3 119:16 121:21 122:1 124:8 124:15 125:4 125:5 133:2 133:13 137:19 138:25 148:19 149:20 150:16 150:24 151:7 151:13 151:17 153:21 154:12 154:14 183:22 184:3 184:3 191:13 191:17 191:20 191:24 191:24 192:3 192:5 192:11 192:12 197:25 letterhead [i] 148:19 letters [in 122:20 191:12 192:7 192:11 193:1 193:7 193:13 117:5 191:14 192:17 193:10 level [6] 23:14 26:1 78:25 80:22 139:1 171:12 levels [4] 77:24 171:17 181:19 181:22 Levinskas [i] 158:19 liability pj 113:20 114:2 114:4 liaison [4] 15:13 16:14 42:21 42:22 Liberty [11 3:20 life [i] 141:7 light p] 133:2 183:21 likelihood p] 116:20 131:4 likely [i3] 24:11 24:13 74:18 97:6 97:19 99:17 99:19 100:1 100:21 108:20 121:13 128:22 166:3 limit p] 190:14 191:2 limitation [i] 12:12 limited [7] 25:25 131:18 140:24 142:5 176:6 178:2 193:16 line [is] 14:21 137:16 149:5 162:22 164:7 170:15 172:25 174:11 180:19 194:17 21:19 162:13 168:24 173:21 194:8 lined [i] 15:24 lines p] 14:25 21:20 121:23 141:15 162:25 163:20 169:25 193:21 195:6 link [4] 69:8 69:11 69:14 134:16 linked p] 167:21 166:22 list [i6] 57:10 69:19 79:11 86:4 94:12 104:3 104:8 121:4 121:7 121:13 132:3 132:9 153:20 159:4 172:1 192:9 listed [8] 80:14 86:8 109:8 132:3 159:2 23:22 108:3 145:5 listening p] 32:19 32:20 lists [i] 175:1 literally p] 156:8 156:6 literature p] 162:24 169:15 litigation p] 161:7 161:16 179:8 live [i] 5:20 lived [i] 139:23 living p] 122:19 122:11 LLP [i] 3:20 located PI 108:3 106:20 location p] 175:23 144:24 locked 1] Lodge [i] 23:2 2:16 logical [3] 27:25 106:25 119:19 longer [i] 192:16 look [17] 22:15 23:22 32:8 56:11 60:25 79:14 103:11 113:25 130:3 147:15 147:21 23:17 32:10 79:13 113:24 131:12 164:13 looked [4] 78:13 84:14 106:23 144:13 looking [21] 61:6 61:23 99:16 100:4 102:5 102:22 108:12 131:5 142:15 147:11 147:22 148:5 185:20 185:25 60:22 85:7 102:3 103:5 131:10 147:17 181:13 Kelly - manager JUNE 25, 1998 looks [8] 56:11 67:22 108:14 113:25 115:17 130:2 154:20 155:15 loose [l] 162:19 losses p] 97:21 105:15 105:17 105:20 Lothar [2] 2:21 2:3 Louis [is] 10:19 10:25 26:22 33:3 33:18 33:20 33:24 39:8 45:13 55:16 117:6 146:12 153:3 153:5 188:13 196:3 197:2 198:3 low [1] 175:25 lower p] 98:16 147:16 148:1 -M- M-I-N- C-K-L-E-R[i] 79:2 machine [i] 24:25 Macon [i] 151:20 MAE p7] 1:7 1:8 1:10 1:11 1:12 1:13 1:14 1:15 1:16 1:17 1:18 1:19 1:20 51:7 51:10 59:2 63:16 67:11 76:17 85:12 85:15 87:24 107:10 108:23 113:16 115:13 126:1 129:24 130:17 144:8 148:20 149:17 151:7 154:11 157:3 171:24 182:17 Maertin p] 2:3 2:4 2:22 2:22 2:3 2:21 198:10 magazine p] 48:10 53:12 53:25 mail [i] 146:13 mailed [2] 118:7 117:5 mailing [i] 117:4 mam [i]| 178:20 mains [i] 185:11 maintained [i] 26:21 makes [i] 177:9 mallards [i] 175:2 man [6] 22:2 50:7 50:9 50:10 69:20 70:7 man's [i] 116:4 management p] 23:1 26:25 37:12 77:25 112:5 194:25 manager [120] 13:21 14:5 16:8 19:2 21:12 22:24 26:16 35:7 36:22 38:23 39:19 39:24 13:13 15:3 19:14 26:6 36:12 39:17 40:3 Index Page 11 TOWOLDMONOQ51906 CUMMING PATON 40:6 40:11 40:14 40:14 40:19 41:13 41:16 41:18 42:2 42:7 42:9 42:9 42:9 42:12 42:16 43:10 43:25 44:8 44:10 47:14 47:21 54:24 57:12 61:11 63:9 68:4 71:1 73:24 78:23 80:19 80:24 81:1 86:6 90:12 92:10 92:25 94:7 94:17 94:19 94:23 99:7 105:18 107:24 108:5 109:20 110:22 111:8 111:11 114:22 114:23 116:6 116:18 117:8 117:12 117:23 118:19 119:15 122:18 122:24 123:2 126:17 126:22 127:7 127:11 128:20 129:6 131:22 132:10 132:12 132:15 132:20 133:9 133:19 139:23 144:18 144:24 145:11 145:12 145:15 145:16 147:8 150:8 154:7 157:12 157:15 161:20 162:11 163:1 163:18 164:6 165:2 165:8 172:25 179:11 180:18 181:18 186:18 186:22 187:13 189:13 195:2 managerial [4] 77:21 114:13 114:20 115:1 managers [23] 22:19 24:3 25:5 26:3 30:4 30:4 33:18 34:19 35:20 35:22 40:7 119:9 128:20 129:5 188:10 21:6 24:9 26:4 32:5 34:22 36:1 121:5 188:9 managing [i] 45:16 Manchester [2] 9:4 9:8 manner [i] 99:6 manufacture [4] 7:16 98:8 104:25 111:22 manufactured [2] 44:24 45:1 manufacturer [3] 20:8 91:14 147:18 manufacturing [8] 15:14 16:15 16:18 23:10 28:3 28:24 93:13 192:8 March [31] 64:4 64:4 64:21 66:4 67:11 69:23 71:20 72:4 72:12 73:7 73:16 75:8 77:8 77:16 84:18 154:12 154:15 155:17 171:23 172:11 175:14 175:15 176:8 176:11 176:18 177:11 178:13 186:9 186:10 186:13 186:23 marching [i] 156:4 marine [i] 20:1 mark [is] 58:22 63:13 76:9 87:20 107:5 115:9 125:20 129:20 130:15 144:4 148:15 149:9 149:10 151:2 151:2 154:8 156:24 182:18 marked [38] 51:6 55:21 58:23 59:1 63:14 64:21 64:25 65:4 65:14 67:10 76:11 79:9 85:11 87:21 87:24 93:21 100:24 103:14 107:7 107:13 108:23 115:10 115:13 125:21 125:24 129:21 130:16 144:5 144:8 148:16 149:11 149:14 149:21 151:4 154:9 156:25 171:19 171:23 market [78] 13:21 14:5 15:3 16:8 19:2 19:14 21:12 26:3 26:6 26:16 30:3 30:9 32:5 38:23 39:17 39:19 42:16 43:2 43:5 43:12 43:15 44:2 47:14 47:21 54:24 57:12 61:10 68:3 71:1 73:24 80:18 80:24 81:1 86:6 90:12 92:10 92:25 94:7 94:19 99:7 107:24 108:5 109:19 110:22 111:8 111:11 113:12 114:23 116:6 117:11 119:15 122:17 122:23 123:2 126:17 126:22 127:11 128:19 129:4 129:6 133:9 135:5 135:19 139:23 145:12 147:8 148:2 150:7 161:20 162:11 163:1 163:18 164:5 165:1 165:8 180:17 187:13 195:2 marketing [30] 11:1 12:21 13:4 13:12 22:25 26:8 38:10 42:5 63:9 88:12 88:15 94:17 94:22 105:18 115:8 116:18 117:8 117:23 118:19 119:4 123:22 131:22 133:19 144:18 153:16 172:25 179:11 181:18 186:17 186:22 marketplace [i] 33:8 markets [7] 40:6 40:15 40:19 41:16 42:7 44:1 44:8 marking [i] 12:8 Martin [4] 18:5 18:17 50:8 100:19 Condensclt! Maryland [i] 95:16 masqueraded m 53:13 mass [2] 81:18 81:22 match 1[i] material [u] 21:3 30:13 60:23 61:7 156:22 176:6 178:2 22:13 17:2 31:24 147:16 177:23 materials [in 30:1 66:21 67:2 69:8 98:16 105:25 117:21 126:8 126:21 167:23 168:16 matter [2] 61:5 60:21 matters m 196:10 maximize [i] 195:5 may [26] 4:3 32:11 32:21 66:10 70:10 78:25 82:8 83:21 84:8 86:18 87:2 102:10 105:10 117:14 119:25 129:17 144:14 144:14 152:7 152:9 160:1 171:9 171:9 175:15 180:13 186:7 mean [27] 6:5 11:23 33:21 52:8 53:4 66:22 72:19 74:23 78:20 80:15 82:17 118:5 134:3 136:4 136:21 139:22 146:4 147:10 156:10 173:22 173:23 176:9 177:5 182:15 189:15 191:6 193:22 Meaning [i] 103:4 meaningful [i] 26:14 means [7] 5:6 76:7 81:25 101:21 123:11 123:15 128:16 meant 1[8] 29:11 52:10 77:18 77:19 176:21 176:23 176:24 183:16 Meanwhile [i] 8:9 med [i] 82:16 media 1[2] 169:14 57:5 mediate [i] 17:11 medical [11] 74:15 75:4 94:8 94:18 101:18 158:19 174:1 74:9 75:7 101:14 163:25 medium [i] 153:19 meet p ] 32:11 33:6 153:3 176:7 178:3 meeting [19] 16:2 34:8 34:18 35:4 35:9 35:19 38:16 91:10 157:8 157:14 158:5 158:12 158:12 158:19 158:23 172:12 172:19 172:20 174:8 meetings [24] 29:6 32:1 33:10 33:10 33:17 34:1 34:7 35:24 37:13 37:19 37:22 38:17 47:9 48:18 50:23 51:1 57:18 71:5 73:12 73:17 118:3 135:15 153:8 194:19 melt [6] 89:14 89:15 90:20 91:1 91:17 93:18 melted [i] 90:13 melts [3] 91:5 91:9 189:9 memo [44] 51:10 51:18 55:22 56:10 56:14 59:2 60:9 61:15 61:16 61:20 67:12 68:12 68:15 69:16 70:12 70:14 75:16 79:3 82:20 82:22 84:3 84:5 85:1 87:13 103:15 130:21 132:22 133:24 143:2 143:7 158:1 158:11 158:14 172:7 176:22 183:9 183:11 183:20 188:2 188:7 188:22 189:1 189:12 191:5 memorandum [4] 172:11 188:23 190:14 191:1 memory p] 13:17 31:13 44:6 48:16 82:25 96:8 105:11 126:18 181:15 mention [2] 179:19 179:12 mentioned [ii] 16:13 16:15 27:20 28:12 33:9 51:23 55:12 103:18 142:4 153:1 190:6 message [2] 125:18 125:9 met [i3] 4:17 32:3 35:15 97:24 145:21 158:15 160:4 162:4 174:9 31:1 51:4 146:4 160:7 methodology [i] 134:14 Mexico [i] 95:17 Michigan [2] 95:17 95:20 mid [4] 48:19 49:7 97:8 98:1 middle [4] 48:7 70:14 118:11 140:16 might [94] 12:2 12:14 17:4 19:5 23:25 27:24 29:5 29:6 29:11 30:7 30:12 33:15 35:16 36:9 11:5 13:8 22:5 28:1 29:7 30:11 35:15 36:24 managerial - moment JUNE 25, 1998 37:14 37:15 38:10 38:12 38:13 40:21 44:4 44:5 50:20 55:4 71:10 71:21 73:22 76:2 78:21 79:1 79:13 80:18 83:4 83:5 84:16 88:7 88:8 88:10 88:12 91:22 100:18 102:3 108:7 108:16 108:17 112:24 115:3 118:6 122:7 124:1 124:12 128:10 129:1 129:1 131:9 131:18 133:15 139:12 145:11 145:12 145:12 147:22 148:7 150:6 152:11 152:18 157:22 160:20 161:11 162:8 164:1 164:12 164:13 166:6 167:4 170:1 174:19 177:6 179:17 180:6 180:14 180:14 180:18 180:19 182:4 197:8 milk [4] 95:15 97:5 181:19 181:23 million PI Minckler p] 78:22 79:2 193:17 78:21 mind [17] 19:23 20:11 38:2 66:12 123:1 136:5 137:21 139:10 140:1 171:21 177:14 19:20 20:12 87:6 136:7 139:25 177:12 mindset [i] 140:4 mine [i] 80:16 mineral p] 2:9 2:24 3:7 8:4 96:20 118:15 118:18 118:25 198:11 minimize pj 70:25 71:3 minimized [i] 155:6 minute [3] 62:5 104:4 133:24 minutes p] 38:16 38:18 159:14 misleading [i] 143:10 Missouri p] 2:16 2:18 196:2 196:6 196:7 197:1 198:3 misspelled [i] 56:3 misspelling [i] 172:5 mistaken [2] 31:7 48:10 Mister [i] 4:15 mix p] 93:5 93:6 mixing [3] 93:1 93:7 93:14 mixtures [i] 66:23 MKD [i] 1:6 modifiers p] 13:24 88:7 modify [1] moment [4] 20:4 64:20 Index Page 12 TOWOLDMONOQ51907 CUMMING PATON 143:2 171:22 172:6 moments [i] 4:18 money [i] 35:15 MONS HI 103:15 Monsanto [124] 2:9 2:24 7:1 7:6 7:16 8:22 10:19 10:24 19:14 20:4 30:25 41:7 44:3 44:25 45:7 45:16 45:22 47:1 47:10 48:19 50:1 57:19 59:7 63:4 71:2 72:11 72:25 74:10 75:4 75:13 76:19 77:13 78:12 78:16 79:23 79:24 80:3 80:5 80:9 80:11 81:12 81:14 82:15 83:2 83:12 86:7 88:6 88:22 89:16 90:5 96:19 97:1 98:7 99:3 99:25 105:5 107:20 109:14 109:24 110:5 110:14 111:11 113:11 116:8 117:4 118:12 121:19 121:21 122:1 122:9 122:12 122:20 123:3 124:23 125:10 125:12 126:9 127:5 129:7 136:12 138:25 145:17 148:19 149:25 153:11 155:20 155:24 156:13 157:18 158:13 161:6 161:15 164:5 164:19 165:8 166:4 167:25 168:10 168:10 168:23 169:3 169:8 169:18 169:23 170:13 171:11 171:14 173:5 173:10 173:13 173:14 174:9 174:20 187:2 187:22 191:14 192:7 193:1 193:10 193:20 194:14 194:16 195:4 198:10 Monsanto's [ii] 7:12 14:6 44:22 45:15 61:24 73:2 75:7 83:19 96:5 116:22 162:20 Montar [5] 84:3 84:4 84:10 84:12 84:15 Monte [2] 77:13 77:12 monthly [5] 24:20 25:2 94:13 23:23 27:21 months [i] 35:17 Moore [i] 3:15 Morgan [2] 17:21 17:20 morning [i] 4:14 Morris [i] 3:20 Moskowitz [i] 3:9 most [12] 34:4 36:10 38:9 128:9 128:22 128:25 160:20 162:20 176:7 178:2 178:6 mostly [3] 88:10 145:9 motivated [i] moved [2] 163:16 Moving [i] Ms [9] 3:8 62:25 85:13 93:24 154:13 198:25 Mt [i] 3:6 Mulliss [i] multiply [i] must [12] 75:5 116:14 132:6 133:1 133:23 154:18 181:15 183:21 178:2 29:9 140:6 44:5 97:12 62:20 85:16 195:10 3:15 24:15 51:21 128:15 133:21 154:19 -N- N [i] 3:1 N-E-F-F [i] 79:5 Nader [4] 52:24 53:6 53:19 54:11 Nader'.5[1] 54:14 name [28] 20:10 34:15 53:13 56:3 78:20 79:22 80:15 82:11 89:8 102:10 130:4 132:5 144:22 144:23 146:19 152:22 159:20 172:5 4:17 50:16 60:17 80:13 83:11 116:4 132:8 145:17 159:3 197:11 named 2] 18:18 8:4 names [4] 18:22 20:12 31:12 48:14 national [8] 34:8 34:18 37:19 37:22 158:23 22:17 37:13 118:3 natural [i] 174:3 nature [5] 50:22 69:17 72:22 170:17 173:19 NCR [i] 71:18 nearest [i] 163:13 nearly [i] 39:21 necessarily [5] 66:22 110:14 118:5 165:24 175:8 necessary p] 23:24 174:5 197:8 necessity [i] 29:12 need [6] 5:22 67:21 76:5 174:19 5:25 81:4 needed [7] 15:16 16:22 28:14 28:25 42:24 164:10 183:7 needs [4] 32:18 Condenselt! TM 34:4 123:14 123:15 Neff [i] 79:5 neither HI 196:13 net [i] 23:14 never [6] 53:5 53:25 62:8 99:2 123:1 142:24 nevertheless [i] 5:3 new [36] 2:1 2:20 3:6 3:10 3:14 9:4 9:24 18:7 19:3 19:4 45:22 52:1 52:14 53:5 53:7 87:14 115:17 115:24 132:15 133:10 136:3 143:5 145:17 145:18 146:16 147:1 150:5 153:24 153:24 159:22 160:25 164:14 173:13 180:14 186:25 198:9 Newark p] 3:13 3:14 198:9 3:10 198:8 Newell [2] 82:9 82:9 Newport [4] 7:14 7:15 8:9 8:21 next [i4 22:22 24:10 24:18 39:23 47:15 72:20 76:13 95:13 95:14 97:12 104:14 105:23 133:25 136:19 nine [i] 158:15 nobody [1] 175:17 non-fire [2] 155:7 155:2 non-PCB [4] 14:17 151:24 151:25 193:24 nonvinyl [i] 156:9 nor [8] 12:10 70:7 92:18 110:20 152:10 196:13 196:13 196:13 norm [2 17:21 24:24 normal P] 57:14 93:8 153:17 normally [3] 17:8 68:11 123:8 North p] 3:17 3:16 northeast [i] 12:15 Nos [9] 59:1 85:12 87:24 103:15 108:23 129:24 130:17 148:20 157:3 notably [i] 86:2 NOTARIAL [i] 196:1 notarized [i] 198:18 notary [5] 2:18 4:4 196:5 197:23 198:17 note [2] 155:14 183:12 notes [2] 174:8 172:12 nothings] 61:18 111:21 156:13 158:8 196:9 notice [4] 69:19 76:16 111:19 160:17 notification [i] 151:17 notified p] 110:20 129:4 138:7 notify [2] 124:9 105:4 November p] 80:9 81:9 81:21 82:2 82:22 108:24 112:1 112:1 135:20 now [ii4] 2:19 5:13 7:22 12:14 12:19 13:3 13:7 13:18 14:11 15:2 16:11 16:13 19:6 20:13 20:23 21:18 22:3 25:24 27:8 27:16 27:20 28:10 33:9 34:22 35:12 35:23 35:24 37:8 37:18 37:19 38:7 39:14 39:18 39:22 40:16 41:18 42:25 46:13 47:1 48:14 50:17 51:2 52:10 52:19 56:9 57:9 58:6 60:7 60:19 65:1 66:2 66:17 68:21 71:21 72:17 75:2 75:5 78:2 79:19 80:8 80:17 82:25 83:4 84:12 85:22 88:8 89:3 89:8 89:11 92:7 94:15 99:21 99:22 100:6 100:23 101:2 105:9 106:9 111:3 113:17 114:17 116:6 118:10 119:13 123:24 127:9 131:24 133:1 135:8 136:5 137:11 141:7 141:23 142:3 143:1 143:23 145:20 146:15 146:17 149:14 150:9 151:23 152:5 152:25 153:1 155:11 157:10 171:17 175:14 176:10 182:21 188:5 191:23 192:13 number [iv] 24:16 28:23 51:11 58:12 59:14 59:22 94:1 127:5 139:19 150:2 150:5 155:15 155:17 156:6 161:13 163:3 194:17 numbered [4] 104:1 108:3 109:11 111:18 numbers [9] 23:20 76:17 113:16 113:18 114:8 131:8 131:12 149:16 185:23 Numeral [i] 176:4 numerals [i] 175:1 moments - obtain JUNE 25, 1998 -O- o'clock [2] 2:14 2:14 O'Connor [55] 1:3 3:4 3:8 51:9 55:23 62:20 62:25 76:13 85:13 85:16 93:24 94:2 118:1 121:1 154:13 159:14 159:19 159:20 161:19 167:10 167:13 168:3 169:2 169:5 171:4 171:10 173:9 174:23 177:11 178:8 179:25 181:17 182:2 182:20 182:22 183:2 183:6 183:20 184:14 186:1 186:2 186:11 186:16 188:20 188:23 190:19 190:23 190:25 192:4 192:6 194:1 195:8 195:10 198:24 198:25 O/PL-306 pi] 130:10 130:21 131:21 132:23 133:1 136:20 149:7 163:14 182:10 182:11 183:21 O/PL-306A [i] 149:15 oath [i] 196:10 object [65] 19:10 19:17 27:14 38:1 39:12 43:21 47:13 50:4 51:20 52:17 57:6 58:17 61:12 65:6 65:10 65:25 66:5 66:15 68:6 69:3 69:25 71:12 72:13 75:9 75:21 86:19 87:5 87:11 91:3 92:14 93:3 93:16 96:22 98:10 100:2 102:25 103:22 106:5 111:13 114:15 122:21 124:20 125:1 125:13 126:11 126:24 129:10 135:6 136:16 138:3 138:21 140:22 142:20 143:13 146:22 146:24 155:18 167:8 169:1 173:7 174:12 177:3 179:22 181:8 184:9 objection [28] 47:24 49:15 54:6 54:12 54:22 61:25 62:19 63:6 101:12 112:17 113:13 113:23 114:6 123:13 123:19 135:21 137:3 139:3 139:17 145:24 147:14 157:24 159:9 167:10 169:2 183:12 190:18 190:20 objective [i] 145:4 objectives [6] 104:5 104:8 104:10 145:2 145:9 145:11 observe [i] 156:16 obtain [i] 24:2 Index Page 13 TOWOLDMONOQ51908 CUMMING PATON obtained [i] 75:19 obviously [i7j 16:10 20:3 21:15 23:15 28:2 28:7 28:22 29:12 33:1 55:18 56:3 56:5 116:13 154:20 172:17 177:1 184:11 occasion p] 47:22 114:19 152:5 occasionally [2] 33:4 37:16 occasions [i] 4:23 occurred [4] 34:7 103:7 112:25 192:10 occurrence [3] 89:18 137:12 162:10 October [6] 55:21 56:6 102:9 103:14 103:20 107:11 odd [i] 146:11 odds [2] 34:9 34:12 off [141 50:24 58:13 76:14 76:15 95:24 95:25 122:11 122:19 131:18 142:17 144:2 144:3 182:22 183:2 offer p] 29:3 155:3 offered [i] 46:7 offhand p] 60:10 60:7 office l1] 26:22 officers [i] 21:6 offices W 2:15 3:4 118:14 196:6 officially [i] 110:20 often [5] 20:25 29:17 129:3 145:8 155:25 Ohio [l] 9:20 Oil [5] 59:14 59:21 60:7 60:10 96:20 oils [i] 71:17 old [i] 27:13 Olson 2] 127:4 127:4 on-going [4] 31:20 101:19 167:24 172:23 once [8 21:2 33:13 33:14 35:10 35:12 35:23 152:7 160:7 one [124] 3:13 14:8 15:17 16:13 20:8 21:9 21:13 21:17 22:14 27:6 30:5 32:17 32:17 33:13 35:4 36:20 45:8 51:3 51:22 51:24 51:25 58:1 58:6 60:4 60:19 67:6 69:19 71:6 73:11 76:8 76:18 3:20 15:20 20:10 21:16 26:7 31:12 33:13 35:15 49:17 51:22 52:8 59:9 63:13 70:19 74:16 77:21 78:3 78:8 78:14 81:13 82:21 85:3 85:7 86:10 87:3 87:19 88:12 88:19 89:5 90:8 90:15 91:9 91:20 99:23 100:12 100:12 108:21 111:21 111:22 111:23 114:20 116:14 117:4 119:5 120:1 120:25 121:16 127:3 131:20 133:10 133:10 133:12 133:16 133:23 134:12 136:9 136:11 141:19 141:19 142:16 148:14 148:15 149:21 150:12 150:14 151:2 151:2 153:12 153:22 154:8 155:8 155:16 155:17 156:2 156:6 162:5 163:4 168:21 174:18 181:15 182:17 183:5 183:5 183:17 184:1 184:12 184:13 192:11 192:11 192:17 193:13 194:23 198:8 ones [19] 14:17 15:18 25:15 30:15 34:20 67:7 86:5 86:8 94:20 99:19 99:25 102:16 102:16 102:19 119:11 128:24 134:22 189:24 191:8 onward [i] 114:24 oozed [l] 142:14 open [i2] 43:2 99:22 135:5 135:19 136:1 165:12 165:14 165:18 177:15 177:19 188:25 189:3 operated [i] 27:18 operations p] 7:12 45:15 opinion [13] 54:2 61:20 62:10 62:22 63:7 72:6 72:8 72:19 53:14 61:22 62:23 72:8 87:3 opportunity p] 5:12 30:8 30:11 32:17 33:7 92:21 172:8 opposed [5] 20:4 34:7 177:24 4:15 164:17 order [5] 17:8 106:23 129:1 141:15 185:21 orders [i] 128:23 Orem p] 130:18 130:16 organic [io] 14:7 38:24 78:24 97:13 144:20 193:4 14:6 44:22 101:4 193:5 organization [2] 119:8 188:13 original [3] 1:21 85:25 198:14 originated [3] 29:15 38:9 88:14 Condenselt!1 otherwise [3] 30:16 33:20 133:21 Otis [l] 174:24 ours [i] 99:14 outside [4] 45:1 75:24 89:16 174:20 outstanding [i] 5:24 overall [i] 156:13 overlapped [i] 33:15 overloading [i] 26:15 overnight [i] 140:12 oversaw [i] 31:6 overview pj 16:12 29:9 own [8] 2:4 2:22 46:13 74:3 145:9 145:14 177:12 177:14 oysters [ij 95:17 P [2] 3:1 3:1 P-O-L-Y-M-E-R [i] 6:18 P-O-L-Y-S-U-L-F-Y-D-E-S [l] 10:3 package p] 46:6 46:9 packages [i] 128:7 packaging [i] 91:24 1:6 65:14 65:15 70:14 70:15 75:2 78:8 79:20 81:9 81:20 82:8 82:19 83:24 85:23 85:24 86:4 86:8 86:13 89:4 90:11 91:16 92:20 94:1 95:1 95:2 95:13 95:14 96:4 97:12 97:12 101:2 101:3 103:25 104:4 104:5 104:14 105:12 106:10 107:18 109:8 109:11 111:3 111:3 111:4 111:17 112:7 113:21 115:22 116:21 116:25 118:10 118:11 119:12 119:13 121:2 121:3 131:11 149:3 174:23 175:22 182:25 183:1 184:20 184:21 184:21 185:25 186:1 197:24 198:14 198:16 198:18 pages [i] 112:7 Painesville [ij 9:20 paint [8i 20:15 20:17 20:18 20:22 20:22 176:25 179:8 179:9 paints [S] 20:19 108:11 111:5 111:11 185:11 pallets [i] 92:1 Papageorge [io] 158:14 171:20 171:24 178:14 178:18 178:19 179:7 180:1 180:3 182:5 paper [io] 26:15 27:4 27:13 56:12 56:15 69:17 71:18 72:21 72:23 173:19 paragraph [35] 54:19 56:25 57:2 58:10 59:13 60:20 70:14 70:19 70:24 71:15 71:23 77:11 78:9 85:25 86:14 89:11 95:13 95:14 95:22 96:2 97:3 100:24 101:3 104:15 104:19 105:13 105:23 117:2 117:5 143:9 146:19 149:4 156:20 185:9 193:19 Paragraphs [i] 96:14 paraphrase [i] 59:17 paren [4] 59:24 86:15 136:1 136:2 parentheses p] 59:23 86:15 part p7] 6:14 10:22 11:9 21:15 23:17 26:17 26:21 30:19 35:24 36:1 37:1 37:5 41:9 43:18 48:7 71:25 84:15 88:18 90:6 93:12 100:6 101:14 101:15 101:19 114:2 115:18 121:3 146:15 155:24 161:20 162:22 163:17 164:16 166:8 166:23 167:23 192:21 participate [4] 33:25 64:6 65:20 168:2 participated p] 21:25 64:16 72:11 participating p] 109:3 110:9 135:15 particular [42] 7:9 8:10 11:14 19:12 21:1 32:7 32:18 34:5 63:19 65:20 67:19 85:18 89:2 89:23 89:23 92:2 94:25 123:25 145:13 146:19 153:20 160:2 160:3 160:17 160:25 162:17 164:7 169:24 171:3 171:5 172:19 173:1 173:2 173:6 173:21 173:22 185:16 186:18 188:7 188:18 192:11 194:7 particularly [6] 12:3 17:10 53:20 54:13 91:9 140:24 parties p] 196:15 196:13 parts [3] 15:5 16:7 193:17 party p] 8:4 75:22 pass [5] 22:7 58:4 70:11 86:20 164:23 obtained - PCB-like JUNE 25, 1998 passed [12] 12:19 52:5 53:23 68:15 74:4 74:19 128:21 154:19 155:10 164:8 166:4 179:3 passing pj 48:22 past [i] 62:21 Paton [121] 1:6 2:12 4:8 4:14 4:14 4:17 5:13 6:3 19:11 19:18 46:25 51:15 55:20 56:1 58:23 58:25 59:1 60:1 63:13 63:14 63:25 65:5 67:10 67:12 67:20 68:1 71:13 76:9 76:11 77:9 79:8 82:20 82:22 83:25 84:19 85:6 85:10 87:20 87:21 87:23 87:24 88:1 91:4 92:15 93:20 94:4 96:3 100:3 101:22 103:1 103:13 106:14 107:5 107:7 107:9 107:12 107:13 108:22 111:14 115:9 115:10 115:12 115:13 118:11 125:20 125:21 125:23 125:24 126:5 126:12 127:4 129:11 129:20 129:21 130:1 130:4 130:15 131:10 135:3 144:4 144:5 144:7 144:10 147:4 148:15 148:16 148:18 149:10 149:11 149:13 149:14 149:19 149:21 151:3 151:4 151:6 151:8 152:6 154:8 154:9 154:16 156:24 156:25 157:2 157:5 159:20 169:6 172:2 172:9 172:11 176:9 177:4 186:3 189:19 192:3 195:9 195:10 196:8 197:5 197:20 198:13 Paul [i] 154:1 pay [2] 160:16 160:22 PCB [46] 8:17 9:11 16:17 19:3 19:4 19:24 20:14 31:17 43:1 43:5 44:14 47:23 50:19 52:7 59:15 60:5 65:18 66:14 74:8 74:13 75:8 98:9 102:24 110:5 111:12 111:22 112:15 122:11 123:4 124:6 124:19 124:24 127:12 134:1 135:5 138:1 142:4 152:1 155:1 170:3 175:24 177:20 178:15 185:10 189:20 193:24 PCB-containing p>] 14:16 19:15 43:11 44:2 96:19 104:25 113:3 138:20 194:1 j ! I j PCB-like [i] 67:2 Index Page 14 TOWOLDMONOQ51909 CUMMING PATON PCBS [98] 7:16 7:20 14:22 18:19 19:21 47:6 49:6 49:9 49:14 50:2 50:24 51:19 53:10 57:13 58:11 58:19 61:24 62:1 62:6 63:5 66:7 66:22 68:19 69:1 69:6 73:13 73:18 83:3 84:13 84:14 86:15 87:10 94:16 94:18 94:19 94:24 95:6 95:15 96:6 97:10 98:8 99:11 100:1 100:16 102:15 102:17 103:21 105:5 106:2 110:16 112:2 113:12 114:14 114:20 116:8 119:17 121:6 121:15 121:20 122:2 129:8 133:2 134:7 134:17 134:19 136:3 136:13 136:14 137:1 138:17 138:24 140:14 157:19 157:22 159:8 166:13 166:18 167:7 167:11 168:4 168:11 169:12 170:6 171:2 179:8 181:19 181:22 181:23 183:22 190:1 190:1 190:6 190:12 191:16 193:2 193:11 193:12 195:6 penalty [i] 197:12 pending pi 160:25 2:19 Pennsylvania [3] 3:21 12:16 153:23 Pensacola [i] 96:5 people [60] 16:20 16:20 17:8 17:17 17:19 18:2 18:21 23:19 26:5 28:6 29:22 30:10 30:19 31:2 31:20 32:2 32:3 32:10 35:13 37:14 42:10 42:15 42:18 42:20 50:6 50:10 50:13 50:24 51:3 54:3 57:15 58:3 58:6 64:15 74:4 74:11 74:17 81:5 91:11 100:4 100:14 100:18 100:21 112:23 119:4 128:23 128:24 140:4 150:4 153:6 153:15 154:25 156:14 156:17 158:15 166:1 170:3 174:3 174:4 188:12 perm 193:17 perceived p] 124:11 170:17 percent p] 29:17 44:4 92:3 13:2 90:22 peregrine [i] 69:21 perfectly [i] 62:12 perform [i] 169:18 performance pj 15:22 164:15 performed [4] 41:21 175:2 175:6 175:10 perhaps pj 6:3 32:19 72:23 85:24 105:16 period [is] 14:11 20:16 24:23 39:7 61:4 61:7 81:18 97:25 114:24 171:3 176:5 176:6 8:25 24:8 47:5 75:1 113:5 173:18 periods [i] 93:9 peijuryp] 197:12 person [i4] 10:16 15:18 34:10 34:14 81:14 88:10 113:17 166:5 179:1 10:4 17:20 50:14 107:1 169:19 person's [l] 34:15 personal p] 11:15 40:15 54:2 75:17 115:15 173:9 personally p] 53:15 118:17 135:14 152:5 158:4 163:10 personnel [i] 151:21 persons [i] 26:4 persuade [i] 138:20 persuading [i] 137:14 pesticides [4] 52:21 54:8 58:12 65:19 phase [i] 139:7 PhD [4] 6:12 6:20 6:23 8:14 Phil p] 153:23 154:4 Philadelphia [i] 3:21 phone p] 30:17 74:1 198:4 phrase p] 27:6 101:21 194:22 phrased [1] 193:18 phthalates [i] 20:1 physical [2] 187:18 187:23 picked [l] 25:23 picking [i] 55.7 picture [i] 22:17 piece [i]70:17 pin p] 37:17 108:13 pinpointed [l] 97:5 place [i2] 3:20 35:25 73:12 75:5 75:7 110:3 116:24 117:9 167:24 174:15 174:18 174:18 plaintiffs [4] 2:23 3:3 4:2 159:22 plan [6] 16:3 103:3 109:5 133:3 183:23 187:17 Condcnsclt!1 planning p] 16:20 28:6 113:10 163:15 172:21 174:15 174:18 plans [3] 28:6 28:13 46:7 plant [6] 16:22 16:25 17:1 96:6 96:19 151:21 plants [i] 31:3 Plasticizer [56] 11:5 11:8 11:15 11:24 13:5 13:12 13:23 13:24 14:13 21:20 26:8 26:25 29:21 31:14 36:12 36:23 39:10 40:22 41:24 44:12 44:15 44:18 46:20 63:9 68:13 73:3 73:17 88:12 88:15 99:10 105:17 105:19 105:20 107:25 112:10 113:19 115:20 123:23 135:9 140:20 142:10 146:21 152:8 156:10 161:20 162:12 162:22 163:18 165:2 165:25 186:22 188:11 192:16 192:18 194:6 195:3 Plasticizers [24] 11:4 13:9 13:22 14:1 14:8 15:3 28:22 30:23 47:14 80:17 88:11 100:19 109:18 112:10 127:8 128:15 142:5 142:8 149:8 152:16 155:20 155:21 162:20 179:14 plasticizing [i] 142:15 plastics [6] 9:7 13:24 29:14 71:18 108:11 177:24 Plastifacts [2] 89:4 89:7 played [i] 64:8 pleased [i] 155:23 plus [2] 150:2 176:2 point [34] 15:6 15:9 22:14 23:1 24:22 24:23 27:4 32:12 36:20 40:22 45:20 46:2 75:13 88:1 88:13 99:21 113:7 119:10 135:10 143:5 146:11 165:13 169:6 170:4 170:5 170:25 173:12 175:19 177:14 178:12 188:5 189:24 190:8 191:6 pointed [1] 187:6 points [i] 21:10 poisoning [4] 59:14 59:22 60:8 60:10 polite [i] 31:11 pollution [3] 70:25 71:3 109:4 polychlorinated [ii] 7:21 14:19 14:22 44:14 55:13 101:8 161:6 161:16 171:12 181:7 194:10 Polyethylene [i] 91:20 polymer [4] 6:17 8:11 8:16 91:19 polyolefin [4] 91:17 91:18 91:19 91:23 polyolefins [i] 91:21 polysulfydes [2] 10:3 10:9 pool[i] 185:11 pooled [l] 154:24 poorer [i] 54:9 portion [l] 67:22 portrayed [i] 191:11 posed [l] 190:4 poses [2] 189:21 134:2 position [40] 9:17 9:21 10:10 10:24 13:20 14:2 39:23 41:19 43:17 44:1 44:7 44:20 45:17 45:19 47:15 47:17 59:8 71:25 77:14 77:19 82:6 86:20 115:21 129:15 145:10 186:25 7:5 9:23 12:20 39:16 43:14 44:6 45:2 46:5 54:24 72:6 81:15 114:2 135:11 191:7 positions [i] 163:16 possibility pj 98:7 110:4 110:15 possible [ii] 48:2 48:5 101:20 105:24 106:2 109:24 111:1 116:1 131:17 175:24 183:14 possibly [i4] 5:1 20:11 37:14 43:7 43:7 84:24 100:10 108:6 108:14 108:16 110:2 118:7 128:4 135:8 post [2] 32:20 165:16 potential [12] 107:21 110:7 168:11 169:9 181:7 190:4 191:21 193:11 10:8 164:12 171:1 191:15 potentially [3] 69:1 166:19 169:16 pound p] 147:24 147:19 powder m 92:22 ppm [i] 81:23 PR [2] 78:10 78:15 pre-1968[i] 194:16 preceding [2] 131:1 190:24 precipitous [l] 113:11 PCBs - problems JUNE 25, 1998 precipitously [i] 140:12 precise [i] 102.2 prefer [i] 4:16 preparation [i] 160:5 prepare [i] 2l:ll prepared pj 76:5 79:17 88:5 114:9 115:19 121:17 126:9 preparing p] 21:25 115:25 prepublication [i] 56:23 presence [i] 34:11 present p] 56:13 66:22 115:3 136:13 157:7 158:22 167:16 167:19 172:20 presentation pj 115:14 117:9 117:22 125:7 presentations [i] 114:13 presented p] 56:12 100:16 121:5 pressures [i] 97:23 presumably p] 98:22 117:6 157:16 pretty pi] 11:10 16:10 22:4 30:15 56:1 65:11 152:3 9:2 16:12 34:24 150:19 prevent p] 99:4 97:20 previous [5] 21:15 130:6 130:16 165:21 171:20 previously p] 18:18 51:7 76:19 price [7] 23:8 24:12 24:13 147:24 148:2 148:3 148:9 pricing p] 20:24 15:23 primarily p] 13:22 15:8 46:16 128:11 140:14 178:20 188:8 primary p] 119:10 88:23 principal [i] 106:13 print [i] 131:25 printing p] 4:5 143:4 143:5 printout p] 25:3 24:20 privilege [i] 110:8 privileged [i] 83:20 probability p] 104:14 104:19 problem pj 80:3 100:12 100:13 115:18 140:10 156:1 167:20 192:21 problems [io] 55:15 Index Page 15 TOWOLDMONOQ51910 CUMMING PATON 66:23 72:3 83:9 83:15 134:1 140:9 175:20 189:20 189:22 procedure [4] 27:3 92:19 93:1 93:1 procedures [2] 26:19 92:11 proceeding [i] 128:2 process [io] 21:14 22:9 24:17 43:19 46:14 64:10 75:18 93:13 163:15 167:24 processing [4i 17:8 108:17 128:23 129:1 produce pj 24:11 28:7 93:19 produced p] 2:12 4:9 94:14 120:19 159:25 162:21 163:5 producer p] 89:22 99:15 producers p] 20:2 91:13 produces [i] 97:14 producing p] 23:12 93:5 93:18 product [68] 9:24 10:1 11:1 11:2 12:8 12:13 13:13 16:20 17:4 18:7 19:3 19:4 22:24 23:7 26:25 30:4 30:4 30:13 32:5 39:24 40:3 40:11 40:13 41:13 41:18 42:2 42:12 43:10 60:2 60:5 72:2 84:12 114:22 120:16 120:17 120:22 123:12 123:18 137:5 137:10 137:16 137:24 139:7 139:8 140:11 141:7 141:19 142:14 146:21 146:21 147:1 147:5 147:21 147:22 157:12 157:15 162:22 164:14 164:24 165:22 172:25 173:2 173:6 178:22 178:24 179:21 194:8 194:17 production [4] 15:24 17:5 28:6 97:24 products [137] 9:11 10:2 11:4 11:8 11:14 11:25 12:21 12:24 14:13 14:22 15:8 15:12 16:23 18:9 19:16 19:24 20:5 20:15 21:19 21:20 22:1 22:5 29:9 30:12 31:4 31:15 32:24 33:1 37:24 38:4 40:6 40:7 8:18 10:7 11:11 12:2 13:10 14:25 16:17 18:24 20:3 21:1 21:22 23:13 30:25 31:17 37:23 40:5 40:15 40:19 41:7 41:8 41:8 41:16 41:25 42:7 43:1 43:5 43:11 44:1 44:2 44:8 44:14 44:22 44:23 44:24 44:25 47:3 47:11 47:23 49:21 50:19 50:21 55:17 57:12 66:20 66:24 67:2 68:10 74:9 74:14 88:8 90:9 90:9 91:25 97:6 97:9 97:14 98:18 99:10 99:13 100:8 100:16 101:11 102:24 103:10 110:19 112:15 113:1 113:19 122:6 122:7 122:11 123:5 123:23 124:6 124:9 124:10 124:19 124:25 127:13 128:10 134:19 135:5 137:15 140:8 141:18 142:10 151:24 151:25 152:2 152:16 152:18 152:19 155:22 156:18 157:18 162:17 162:20 165:23 167:21 174:6 185:13 185:15 189:25 190:5 190:10 *rofessor [4] 54:25 56:16 79:24 80:4 irofit p] 23:13 113:20 114:8 profitability pj 113:18 114:4 profitable [i] 97:14 profits p] 195:5 140:7 program ps] 6:14 27:5 27:12 31:6 36:1 36:3 36:4 37:5 38:6 75:14 75:22 112:11 128:1 134:12 134:14 135:4 135:7 164:17 164:18 168:13 174:5 174:16 174:17 174:25 175:19 programs p] 115:5 134:1 134:10 134:11 143:11 189:9 189:20 progress [i] 115:5 project [i] 40:7 projected [i] 145:6 projections pj 25:4 27:23 prolong [i] 104:24 prolonged [i] 179:16 promising [i] 136:1 promote [i] 137:1 promoted [i] 39:24 promoting p] 89:23 136:3 136:14 136:18 138:1 promotion [i] 90:10 proofing [i] 185:12 properties [8] 12:3 29:10 31:1 141:2 Condenselt! TM 143:24 173:16 187:18 187:23 property [i] 29:11 propose [i] 147:23 proposed pj 126:23 127:25 protect [i] 97:15 protecting pi 101:1 101:7 101:10 protocol p] 175:9 128:19 protocols [i] 127:19 proven [i] 168:20 provide [4] 11:22 161:23 174:21 181:5 provided [12] 31:19 31:21 107:21 164:6 169:7 181:22 182:11 185:22 30:19 89:19 168:9 182:2 providing pi 11:23 106:16 109:3 162:1 163:7 163:19 163:20 PRR[S] 1:9 55:24 77:8 93:22 95:3 public pi] 4:4 57:5 64:16 65:4 97:22 196:5 198:17 2:18 64:6 65:15 197:23 publication [4] 52:2 52:14 53:17 149:6 publicized [i] 134:6 publish p] 136:3 143:12 189:11 published [6] 57:5 72:22 86:4 167:5 171:18 189:25 Puget [i] 58:15 pull [4] 62:14 113:11 113:12 120:18 pulse [i] 33:8 purchase [i] 148:6 purchased pi 152:16 191:20 purchasers [i] 193:11 purchases p] 145:3 145:6 145:7 purchasing pj 138:24 147:12 purports p] 78:2 90:21 90:22 purposes p] 8:6 150:5 pursue p] 106:24 99:1 pursued [i] 104:10 pursuing [i] 142:25 push [i] 45:6 put [io] 15:11 22:17 22:20 29:14 30:5 38:16 108:15 114:10 127:18 187:22 putting [7] 15:22 20:23 34:23 36:4 53:21 91:25 184:2 puzzle [i] 170:11 puzzlement [i] 170:7 puzzling [i] 65:17 PVC[6] 13:9 13:23 140:23 142:6 142:9 142:25 Pydraul [i] 96:20 qualified [2] 49:23 50:12 quality [2] 31:2 17:1 quantities [i] 106:20 quarter [2] 39:5 27:25 quarterly [4] 23:24 27:23 94:13 94:15 query p] 162:5 17:3 questions psj 1:2 4:13 5:4 5:13 12:4 50:22 56:19 63:19 63:21 67:9 67:16 76:8 85:3 87:18 107:3 108:16 108:21 115:3 121:14 121:20 126:10 126:22 127:3 132:22 139:21 144:1 147:9 148:14 150:23 159:12 159:15 159:19 166:11 166:16 180:24 181:2 195:10 195:11 quick [2] 159:15 46:23 quite [6 I 29:17 33:1 59:14 59:22 94:16 191:5 quote p6] 53:4 59:16 59:18 59:20 60:20 61:7 62:6 62:7 65:15 65:16 80:2 80:4 97:13 97:16 97:19 97:25 101:6 101:9 105:14 106:11 110:19 111:5 133:25 136:20 145:2 149:5 quoted [i] quoting [i] 65:23 111:24 -R- Rm 3:1 R.E [i] 106:14 R.G[i] 132:3 R.N [i] 132:12 Rachel [4] 53:5 53:18 rain [i] 91:25 Ralph [5] 53:6 53:19 54:13 range [6] 52:19 54:5 52:24 54:11 28:19 procedure - receiving JUNE 25, 1998 111:5 111:11 111:16 141:18 141:20 rare [i] 137:12 rather [6] 7:24 53:22 64:17 82:15 178:12 190:7 rats p] 175:2 175:16 rattled [i] 50:24 raw [i] 30:13 Ray [i] 153:25 RE[i] 198:10 re-entered [4] 79:4 102:7 121:1 161:18 reach [i] 22:20 reaction [2] 121:4 119:14 reactions [2] 119:16 119:23 read [36] 51:9 51:11 52:10 53:18 53:19 61:1 63:18 63:24 67:13 67:17 67:21 70:5 70:10 70:10 70:16 70:19 92:20 96:14 100:9 104:15 111:19 130:24 131:1 146:15 146:25 148:21 160:22 172:6 172:9 183:15 184:25 185:3 190:23 190:24 197:6 198:15 reading [4] 55:19 94:25 97:1 136:6 ready pj 168:4 116:14 real p] 70:2 190:11 realize [i] 56:1 really p6] 11:17 17:12 18:22 18:23 26:13 27:2 29:15 38:15 52:3 54:7 54:20 55:14 57:8 60:18 66:8 70:11 78:17 149:22 150:17 152:13 163:14 168:1 168:2 168:20 176:13 177:15 realm [i] 75:24 reason [12] 5:18 5:23 54:2 56:6 78:6 78:17 92:8 96:15 130:22 139:14 139:19 158:9 reasonable [i] 24:10 reasons [4] 29:19 139:19 140:25 145:3 recalled p] 96:14 96:13 receive [4] 24:21 25:24 94:8 94:18 received [ii] 73:20 74:11 95:15 146:7 146:10 147:7 176:8 21:5 86:21 146:9 162:2 receiving p] 74:8 74:13 121:18 121:20 Index Page 16 TOWOLDMONOQ51911 CUMMING PATON 121:22 138:24 146:10 195:3 recent [3] 69:17 158:2 173:17 recently [4] 29:1 56:15 158:3 158:16 recipient [i] 192:17 recognition [i] 90:10 recognize [2] 89:8 154:18 recognized [i] 105:14 recollect p] 115:25 150:20 recollection [24] 48:5 48:21 60:12 69:5 69:12 70:8 90:12 90:25 95:21 97:7 104:20 127:15 128:5 166:16 167:6 167:13 169:17 169:23 170:6 172:18 183:24 184:7 185:4 194:7 recommendation [s] 164:20 165:4 184:16 185:17 186:18 recommendations [4] 15:23 20:24 105:13 121:24 recommended [4] 82:14 82:16 100:5 187:11 recommending [3] 83:1 170:14 188:15 record 21] 27:4 27:6 63:16 76:14 77:7 93:22 95:25 107:9 144:2 144:3 148:18 151:6 157:2 196:11 25:18 61:2 76:15 95:24 129:23 144:7 154:11 recycle [2] 178:1 176:6 recycling [i] 22:9 reduce [i] 147:23 reduced [i] 196:11 REF[i] 173:18 refer [9] 7:20 7:24 8:6 41:11 51:22 102:1 116:24 163:23 165:21 reference [33] 39:3 59:12 77:12 78:19 79:21 80:2 81:8 81:17 82:20 83:8 83:10 83:25 84:20 89:4 110:25 144:22 149:4 150:6 151:23 156:19 159:7 162:2 179:15 179:16 181:6 183:11 185:20 187:19 187:24 188:4 189:5 193:14 194:19 referenced [i] 167:3 references [8] 79:20 81:3 85:24 86:11 95:20 126:14 172:13 173:15 referencing m 191:21 193:2 193:11 referred pij 34:16 87:14 88:7 88:8 88:18 98:1 119:12 144:17 155:16 180:8 193:8 referring [i4] 7:20 7:25 8:7 18:1 51:22 52:16 55:8 60:23 70:22 101:13 121:3 126:15 184:2 191:25 refers [6] 70:24 87:17 95:22 97:17 105:23 130:21 reflected [ij 113:20 refresh [4] 82:24 126:18 183:24 185:4 refreshed p] 48:16 166:16 refreshes [3] 96:8 181:14 181:15 regard ps] 11:24 16:17 21:1 49:13 55:9 63:10 103:20 104:9 112:1 123:23 127:22 128:6 134:23 155:9 175:6 183:7 8:17 17:14 54:5 84:10 110:10 127:16 129:17 162:24 194:5 regarded m 92:23 regarding [8] 61:6 61:24 104:19 181:2 191:15 60:22 63:5 189:14 regardless p] 102:10 170:22 region [4] 33:12 34:7 35:4 154:7 regional p3] 24:2 24:8 25:4 26:1 33:14 33:18 34:1 35:6 35:10 35:19 35:25 119:9 121:5 128:20 132:10 132:12 132:15 132:20 144:24 145:15 145:15 154:7 188:9 regions PI 21:9 21:8 Register p] 193:15 171:15 regular [2] 94:12 94:10 regularly p] 37:12 regulatory [4] 60:21 61:5 61:23 63:3 rejoined pj 47:1 10:19 relate p] 91:22 91:9 related [17] 49:6 49:9 68:18 71:19 108:17 122:10 152:15 Condenselt! TM 161:15 166:13 179:13 196:13 163:8 169:9 179:21 165:4 179:8 184:15 relates [i] 161:6 relating [2] 97:8 96:6 relationship p] 156:16 181:1 relative p] 196:14 158:5 relatively p] 30:20 158:2 173:13 release [4] 78:10 78:15 99:11 100:16 releases p] 106:2 100:1 relevant p] 178:13 160:1 relied p] 49:23 22:10 relying [i] 146:13 remain [13] 9:13 10:15 14:2 39:15 40:3 42:6 45:10 45:24 8:20 12:20 39:19 44:17 46:5 remained p] 8:22 45:17 remember [124] 7:18 9:1 12:15 13:11 16:11 19:1 19:7 22:6 27:11 27:12 27:19 30:18 36:19 37:5 38:7 39:2 39:14 40:10 40:16 42:4 44:11 44:23 47:9 48:17 50:23 51:1 54:23 55:6 57:22 60:5 64:11 64:13 64:14 64:15 68:3 68:17 71:5 71:18 72:3 72:24 73:9 73:11 73:23 73:24 74:1 74:7 74:8 74:13 74:16 74:25 81:7 83:1 84:3 84:9 84:21 86:5 87:7 87:8 88:7 92:5 95:18 95:19 96:8 96:25 97:25 98:6 99:8 100:13 100:22 101:22 104:9 104:22 105:3 105:7 105:18 109:3 110:3 110:13 110:21 112:13 112:19 112:21 112:22 113:1 113:10 114:12 119:14 119:22 121:10 121:13 121:18 121:24 122:9 122:14 122:17 125:17 126:8 126:21 127:7 127:10 127:16 129:6 130:10 131:13 131:23 135:15 150:21 152:9 152:10 152:14 152:15 152:20 152:21 153:2 153:7 153:9 157:21 158:4 159:6 176:16 178:19 187:1 193:19 194:23 remembered [ij 172:17 render [i] 197:9 repeat [3] 5:7 74:12 190:17 repeating [i] 66:11 rephrase m 5:7 replace [21 147:1 112:24 replaced m 150:10 replacement pj 92:23 146:20 194:7 replaces m 149:7 reply [l] 164:1 report [12] 26:3 42:1 94:10 94:15 144:16 146:20 166:6 174:25 25:14 58:8 144:9 162:8 reported [is] 34:10 41:10 42:10 42:23 80:18 80:19 84:11 95:5 154:2 180:23 15:18 42:3 78:25 81:1 102:14 reporter [i7] 2:17 5:15 58:24 63:15 76:12 87:22 107:8 115:11 125:22 129:22 144:6 148:17 149:12 151:5 154:10 157:1 196:5 reporting [7] 34:14 40:8 42:15 45:15 80:25 92:19 198:2 reports [18] 23:23 25:9 25:10 25:15 25:25 26:17 27:21 27:23 50:2 75:25 76:5 94:8 94:13 94:18 95:15 100:9 156:14 169:15 represent pj 52:13 79:15 151:12 159:3 159:22 representation [5] 76:18 76:21 76:23 76:25 171:11 representatives [3] 59:21 174:9 1 74:9 represented [i] 120.20 representing [i] 4:18 reprinting [i] 143:10 request [2] 160:1 151:19 requested [i] 32:8 requests [3] 12:9 74:2 163:25 require [i] 90:22 required [i] 113:12 requirements pj 175:22 research [20] 7:7 7:8 7:10 7:12 recent - retardant JUNE 25, 1998 8:10 15:14 18:6 50:11 143:11 189:9 8:20 18:2 28:25 68:9 164:4 8:24 18:3 50:9 112:23 167:24 researchers [3] 18:12 18:19 48:13 reserved p] 4:6 resin pj 89:22 89:23 141:1 177:7 resins pj 14:1 20:2 141:1 13:22 20:8 resistance p] 140:15 140:15 141:3 141:6 141:9 141:10 resistant p] 155:7 155:2 insistent p] 154:24 155:3 resolve pi 134:9 respect [2] 102:24 87:1 respected [i] 181:1 respond m 111:23 responding [i] 132:22 response p] 147:20 148:3 180:9 responsibilities [isj 10:5 10:11 12:13 15:3 18:7 22:4 28:10 40:12 42:11 43:17 49:6 49:8 49:13 68:11 82:6 107:23 139:24 163:17 responsibility pi] 11:15 14:13 14:14 14:24 16:8 17:19 41:3 41:6 42:17 43:8 48:23 50:1 53:22 55:17 73:5 88:9 106:13 113:17 119:6 128:19 188:10 responsible [iq 10:6 15:21 21:16 21:17 49:20 53:20 97:7 97:9 99:5 105:19 108:9 118:24 153:22 154:4 responsibly pj 111:23 140:5 rest p] 18:9 23:23 40:14 restrictions [i] 97:23 restructuring [i] 46:9 result p] 98:8 151:16 151:19 155:14 resulting [i] 183:16 results P] 137:6 138:12 158:16 158:21 172:23 173:17 175:16 retains PI retardant [4] 140:19 141:2 141:6 140:18 141:5 Index Page 17 TOWOLDMONOQ51912 CUMMING PATON retention pi 27:5 27:6 retire pi 46:11 46:8 retirement pi 46:7 return [i] 198:18 returned p] 193:4 revenue p] 23:7 24:11 27:22 revenues pi 23:8 24:1 25:3 reverse [i] 139:16 review [6] 28:1 37:20 120:2 158:16 158:22 191:1 reviewed pi 191:17 reviewing [4] 158:21 166:15 173:16 186:21 reviews pi 27:25 22:24 revised P] 133:2 133:6 133:8 133:9 183:15 183:21 184:12 revision p] 133:16 133:17 183:8 183:10 183:19 183:25 187:5 revisions [4] 23:24 184:7 184:15 185:5 Richard [24] 50:9 50:18 68:4 68:9 69:16 70:9 71:16 72:6 72:8 72:10 72:21 75:2 82:22 83:8 83:22 84:19 102:11 103:19 106:13 173:16 173:20 174:2 176:1 176:23 Richard's p] 69:24 70:1 84:25 Richardson p] 81:9 rid [i] 27:13 right [29] 2:4 2:22 5:15 6:5 14:24 26:11 38:22 47:4 47:15 56:13 56:17 57:1 61:7 67:9 81:20 82:14 92:3 93:20 118:11 137:11 139:22 141:16 141:16 142:17 171:16 171:25 175:11 176:14 192:1 right-hand [2] 131:8 172:2 ring [4] 82:13 85:21 135:23 145:18 rings p] 50:16 82:11 Risebrough ps] 54:25 55:3 55:9 55:14 56:16 58:11 58:18 66:14 66:19 68:24 69:17 70:5 71:24 72:21 85:23 86:11 86:12 175:24 Risebrough's [4] 57:18 70:6 73:1 173:18 risk[i] 100:16 risks [5] 179:12 179:20 180:1 181:7 193:12 River [S] 96:5 96:7 96:21 95:23 96:11 Road p] 2:16 196:7 Roder [i] 154:1 role [4] 26:6 64:8 115:7 149:24 Roman p] 176:4 175:1 room [8] 77:4 79:4 85:4 102:7 118:1 121:1 160:10 161:18 Rosen [i] 2:8 roughen 108:24 Roush [6] 59:5 59:7 60:19 62:7 62:15 154:2 routine [i] 42:22 routing [i] 57:10 rowpi 176:2 rubber [i] 20:11 runp] 131:18 running [i] 162:13 runs pi 18:16 24:23 rushp] 59:3 -s- S [1] 3:1 safep] 171:12 safety [4] 140:15 141:10 178:22 178:22 sale [5] 101:7 104:25 137:6 188:24 190:15 sales [94] 11:21 15:9 15:20 15:24 16:2 16:3 16:21 21:5 21:6 21:7 22:15 22:19 22:25 23:11 24:3 24:9 24:16 25:4 26:4 28:2 28:11 28:13 29:6 31:10 32:1 32:3 33:9 33:10 33:12 33:18 34:1 34:19 35:7 35:7 35:14 35:20 35:22 36:8 36:12 36:14 36:21 37:13 37:24 38:10 39:11 42:21 88:4 97:16 97:24 98:18 101:1 101:10 108:12 109:18 113:18 115:14 117:9 117:22 119:8 119:9 119:9 121:25 123:4 123:7 123:16 123:22 125:11 127:6 127:7 128:4 128:20 129:4 132:20 136:21 137:1 138:1 139:2 139:12 139:15 139:20 139:24 140:6 144:24 145:9 145:11 145:15 145:16 154:7 Condenselt! TM 154:7 188:9 188:11 188:16 189:13 191:2 salesman ps] 32:8 100:9 123:11 123:18 138:19 144:17 145:5 145:16 146:4 148:5 153:21 154:1 162:4 162:6 164:3 salesman's p] 145:14 salesmen [19] 32:15 90:7 123:3 124:5 124:24 125:7 125:18 128:21 137:21 139:5 139:16 140:1 21:8 121:14 124:18 125:10 137:4 139:9 145:8 salespeople [39] 11:19 11:23 22:10 25:16 28:18 30:2 30:21 30:21 31:21 32:6 33:4 33:14 34:20 35:10 35:10 35:25 37:6 37:20 37:22 73:21 74:6 88:21 118:4 121:11 122:5 125:4 136:25 137:14 139:1 161:21 163:21 164:9 164:23 165:3 166:2 188:8 189:14 190:14 191:2 salesperson p] 28:20 28:21 89:1 145:21 147:7 153:19 154:5 salespersons [2] 21:8 25:9 samples [2] 74:17 74:2 sampling [3] 95:22 96:4 175:23 San [2] 55:8 175:23 sandy p] 92:22 Santicizerp] 142:10 sat [i] 34:25 satisfaction p] 162:7 satisfactory p 17:13 save [i] 35:15 saw risi 24:13 53:8 65:7 66:17 66:19 70:5 82:21 92:21 109:15 111:7 120:12 122:18 143:20 166:11 174:19 says [42] 4:11 52:7 56:15 59:20 62:1 65:16 69:16 71:25 75:3 78:8 81:21 81:22 85:25 89:11 92:4 92:16 97:19 101:6 104:5 112:11 115:23 116:22 117:2 117:5 117:18 118:13 130:12 133:24 133:25 134:10 135:24 136:17 136:20 143:10 143:19 145:2 147:3 172:1 172:2 183:17 185:9 189:8 scale [2 39:22 114:8 scene [i] 53:8 Schalk [6] 36:17 36:18 36:20 68:13 148:20 192:4 schedule [2] 28:3 37:3 Schroederp] 198:2 science p] 53:11 scientific p] 53:14 Scientist [6] 52:1 52:14 53:5 53:7 53:13 87:14 scientists p] 136:2 scope [i] 40:7 Scotland p] 6:8 Scott [l] 173:17 screwing p] 155:25 sea p] 55:10 69:6 sealp] 196:17 sealants [2] 189:10 185:11 sealed [2] 177:9 170:21 seasonality p] 25:22 second [9] 15:21 57:2 70:14 97:3 101:4 116:25 149:3 149:4 182:16 section pi] 13:7 13:7 50:11 86:14 107:20 109:14 109:22 110:18 111:24 116:21 119:13 see [43] 14:3 23:18 25:1 25:13 56:11 57:3 61:19 65:11 70:2 71:24 72:5 79:3 80:13 81:2 82:24 90:18 94:16 98:4 102:5 104:3 106:10 108:12 112:8 115:18 115:19 118:16 126:6 126:6 126:15 130:3 131:9 131:14 131:24 144:12 150:9 150:13 157:8 157:9 172:21 175:14 177:25 184:22 185:22 seeing p3] 52:4 85:1 105:7 105:10 126:8 126:21 152:22 175:9 48:21 86:10 119:22 133:7 193:19 seek [2] 82:15 103:19 seeking [2] 105:4 104:9 seem [22] 55:4 74:1 84:21 95:19 99:15 107:15 112:22 114:23 128:2 129:16 152:13 153:5 179:23 193:13 48:9 74:2 96:8 112:19 127:1 131:13 171:14 193:18 selected p] 45:8 sell [3] 28:4 123:18 170:16 retention - shortages JUNE 25, 1998 selling [12] 20:4 23:12 28:22 108:13 123:11 124:6 124:19 124:24 145:17 157:19 191:8 191:8 seminar [i] 29:7 seminars p] 32:1 send [4] 26:12 133:4 144:18 183:23 sending [4] 92:20 151:19 193:1 193:10 sense pi 46:10 sent [19] 12:9 48:11 48:12 74:4 76:6 78:11 124:8 125:4 133:3 133:13 137:19 145:5 149:24 151:16 164:1 183:22 184:4 191:14 197:25 sentence pi] 52:6 57:2 57:2 59:13 60:25 65:21 70:16 70:23 70:23 71:25 72:20 75:2 89:15 97:19 101:6 110:18 111:1 115:22 133:25 136:19 137:25 sentences [2] 135:24 136:9 separate [2] 89:4 21:18 separately p] 21:22 September [2] 101:10 102:8 series [3] 5:4 97:14 113:2 serious [i] 160:11 seriously p] 156:17 serve p] 16:14 45:2 service [17] 9:6 9:24 10:4 10:16 15:15 16:16 17:15 18:1 18:13 18:15 30:24 32:2 42:21 89:12 153:16 166:2 166:5 services [i] 17:15 set p] 21:18 139:25 140:1 141:16 145:8 190:7 196:16 setting [i] 174:4 several [13] 18:6 30:23 31:8 48:14 50:6 57:25 59:10 160:13 161:8 166:10 166:11 176:12 189:25 share [i] 29:16 sheets [4] 178:23 198:14 198:16 198:18 shipment p] 17:7 shipped [i] 17:7 shoot [i] 157:4 short [6] 25:3 25:7 41:2 159:17 25:6 46:24 shortages [2] 30:13 Index Page 18 TOWOLDMONOQ51913 CUMMING PATON 30:13 shorter [i] 7:23 shorthand [3] 2:17 4:3 196:5 shoulder [i] 171:22 Show [17] 55:20 65:18 78:13 79:8 85:11 87:23 103:13 108:22 130:15 171:19 182:16 51:6 67:10 79:9 93:21 120:1 182:10 showed [9] 103:8 120:13 120:21 120:23 182:14 183:6 87:13 120:17 120:25 showing p] 26:9 116:11 172:16 shown [20] 58:25 102:4 115:12 116:9 117:14 120:6 120:14 125:23 160:11 160:13 170:2 182:9 192:11 30:24 107:13 116:16 120:9 149:13 160:15 192:9 shows i[i] 138:1 side w 23:5 42:19 42:19 172:2 sides [i] 141:12 sign [2] 139:11 198:16 signature [ii] 4:5 78:4 78:5 78:12 78:15 79:17 130:4 197:24 198:14 198:16 198:18 signed [i] 78:3 significance p] 96:11 105:16 significant pi 25:18 39:10 162:23 significantly p] 25:7 25:20 25:20 silos [3] 19:25 179:9 185:12 Simandlep] 2:7 similar P] 10:10 10:13 41:22 41:24 65:9 83:2 187:6 simpler [i] 141:20 simply PI 89:25 Sincerely p] 198:20 sincerity p] 136:1 Sit [9] 74:24 100:11 189:23 22:23 75:5 139:20 54:17 81:2 184:6 site pi 175:25 sitting p] 193:20 153:7 situation po] 70:3 70:8 123:25 134:2 148:13 177:21 22:15 72:16 138:5 189:21 situations p] 142:7 Six [3] 2:14 31:9 45:3 size [i] 23:7 skeptical [i] 53:16 skimmed PI 67:19 174:16 skimming [i] 59:4 skinp] 179:17 Skipp] 82:19 Skipping p] 65:13 71:15 71:23 slash [3] 81:18 136:2 172:2 Slayton p] 153:22 153:23 154:4 slightly [i] 62:12 Smith [i] 3:15 soften [3] 142:9 142:12 142:12 softened [l] 14:1 softening [i] 142:15 sold [6] 12:2 100:8 106:21 179:5 solution [i] 50:21 170:6 135:2 solve [3] 134:1 140:9 189:20 Solvents pi 118:18 118:15 someone pi 29:1 52:20 114:10 160:1 179:1 28:22 76:6 177:6 sometime pi] 8:23 14:3 21:14 39:5 44:9 45:5 48:6 53:8 55:5 74:24 135:13 166:23 191:18 194:4 7:3 14:3 40:8 45:18 55:4 135:11 168:12 sometimes [8] 15:9 17:9 27:25 35:13 156:1 8:5 26:5 36:4 somewhat pi 41:22 42:13 124:1 171:9 173:4 somewhere p] 26:22 28:25 39:4 40:1 40:2 84:23 153:24 175:15 180:19 sorry [i3] 6:10 18:9 52:22 70:17 74:11 81:19 85:13 93:23 96:1 104:5 122:25 141:25 184:21 sort [23] 11:21 16:4 16:4 20:20 22:20 24:21 27:5 29:19 30:14 37:20 48:9 91:6 108:7 127:6 160:22 13:24 16:14 23:5 29:6 32:11 48:24 115:5 175:21 sorted [2] 141:22 135:1 Condenselt! sought [i] 42:24 Sound [i] 58:15 source i 21:3 24:5 29:22 105:24 sourcesIP] 97:4 space [i] 41:2 speak [i] 116:15 spearhead pj 45:10 spec [i] 17:3 special P] 143:23 11:23 specialist p3] 11:3 12:8 12:21 12:25 47:11 88:2 89:20 90:6 11:1 12:13 47:3 89:9 173:25 specialists [3] 30:4 32:5 143:20 Speciality p] 88:6 specialty p] 8:10 13:23 41:8 species P] 58:12 specific [24] 11:24 18:24 19:1 19:7 28:17 39:2 49:5 49:8 56:25 63:21 71:2 104:23 119:3 119:3 123:6 158:25 162:9 163:7 163:8 164:11 167:6 172:18 175:6 185:9 specifically [33] 12:16 15:2 16:16 17:16 18:12 31:15 34:6 46:20 47:23 51:23 57:20 57:22 58:1 71:19 72:18 72:18 83:15 87:9 94:21 96:18 98:1 99:9 99:23 109:4 117:22 118:13 118:24 119:23 121:3 143:9 165:6 180:5 191:24 specifics po] 19:21 30:17 37:18 51:2 106:18 114:18 19:5 37:8 55:6 123:25 speculate p] 64:19 speculating p] 108:18 speed [i] 67:20 spent pj 165:1 30:23 Spirits [] 2:24 3:7 118:15 118:18 198:11 2:10 8:4 118:25 spoke [i] 57:25 Spot [2] 63:22 144:24 spreadiHI 176:5 Springate [4] 68:13 121:19 121:23 155:12 springs PI 19:23 19:20 squigglep] 144:13 St [23] 2:17 4:4 10:19 10:25 26:22 33:3 33:24 55:16 153:3 196:3 197:2 33:18 39:8 117:6 153:5 196:5 198:3 33:20 45:13 146:12 188:13 196:20 198:22 stable [i] 141:4 stack [i] 67:15 stage [5] 17:24 18:23 34:24 84:6 100:22 Stake [l] 107:21 stamp [i] 182:14 Stamped p] 107:10 stand p] 171:21 164:14 standards pi 127:21 standpoint p] 135:25 141:10 179:3 start [5] 6:3 6:25 23:6 85:24 175:14 started PI 21:14 27:13 41:6 45:22 7:1 38:23 159:16 starting p] 38:25 49:7 21:9 starts [3] 57:10 70:19 101:4 state [9] 62:19 94:23 95:4 176:3 189:19 197:1 84:22 95:6 196:2 statement p9] 61:17 62:4 62:9 62:11 64:16 65:4 78:9 82:14 87:4 87:16 97:4 97:13 105:14 106:11 132:1 133:1 134:5 149:4 183:7 61:10 62:9 64:7 65:16 86:17 95:4 100:25 111:4 133:15 165:20 statements p] 62:15 108:2 108:3 states pi] 2:18 2:20 46:3 53:10 61:3 71:16 86:14 95:14 172:12 174:23 178:1 183:20 188:20 196:6 2:1 46:1 60:19 72:21 155:14 176:17 187:16 stating P] 72:6 7:24 stay [i] 28:3 stayed p] 36:25 stays [i 175:22 step p] 22:23 71:6 steps p] 70:15 70:24 71:2 124:11 140:9 70:20 112:9 Stewardship p] 178:24 stick [i] 31:12 Still[22] 42:16 53:8 71:16 80:12 101:3 shorter - suggestion JUNE 25, 1998 101:3 133:19 137:16 143:24 166:11 192:18 116:6 133:24 138:5 155:15 167:18 192:24 116:18 137:14 143:21 157:17 175:20 STIPULATED p] 4:1 stored p] 185:13 strategize p] 113:10 Street [i] 3:16 strike p] 92:11 170:24 191:13 strive p] strong p] 170:1 195:5 28:23 struck [i] 91:8 stuck [i] 105:11 studied pj 98:25 studies pi] 66:17 74:18 75:19 76:1 86:4 98:14 134:16 140:8 159:7 167:3 168:25 169:4 174:15 175:3 55:9 75:15 81:24 102:19 158:2 168:14 169:12 study pi] 54:25 84:14 103:7 157:22 158:16 159:1 169:10 47:6 101:20 158:6 159:7 studying pj 136:12 Stuff [2] 80:11 142:14 subject [4] 83:20 110:8 120:22 152:11 subscribe pj 197:11 subscribed p] 53:5 subsequent p] 185:6 192:6 subset [i] 108:8 substance p] 68:18 68:22 69:20 72:3 125:10 197:8 66:13 69:1 98:1 substances p] 69:6 substantive p] 8:10 103:4 substitute p] 112:14 substitutes p] 112:12 success p] 104:19 104:15 successor pj 116:1 116:3 such[9] 11:11 71:17 73:7 136:23 147:5 197:10 46:10 102:2 197:7 sufficient p] 177:21 suggest [3] 131:16 150:10 158:11 suggested [S] 112:24 113:2 159:7 92:2 157:22 suggestion p] 122:4 Index Page 19 TOWOLDMONOQ51914 CUMMING PATON Suite [2] 3:5 3:16 summaries [i] 38:16 summary [2] 86:14 143:14 summer [l] 95:15 superior [2] 22:8 13:15 supersede [i] 150:1 supersedes m 149:7 supervised p] 12:11 42:20 supervisory 12:24 26:5 41:23 42:6 supervisors [i] 17:6 supplied [3] 90:2 121:14 122:11 supplier [i] 155:20 supply p] 90:5 152:12 193:2 supplying [i] 89:13 support [i4] 15:16 16:4 18:8 28:13 49:21 82:16 106:16 115:7 161:21 11:21 16:5 31:4 106:14 136:2 supporter [i] 54:13 supporting [3] 11:18 23:12 136:12 supposed p] 137:14 156:23 supposedly [l] 69:7 surface [5] 19:25 20:8 180:2 19:22 20:13 surprise p] 73:19 80:7 112:4 112:4 121:9 surprised [i] 109:7 Sutton [i] 153:25 swear p] 39:18 116:5 165:16 Sweden [6] 47:6 66:14 103:7 167:3 170:5 170:7 Swedish p] 48:13 81:5 swimming [i] 185:11 switchboard [i] 15:10 switched [i] 96:19 switching [i] 122:6 sworn p] 2:12 4:9 196:9 system p] 30:3 165:12 170:19 177:1 178:21 systems [8] 99:22 170:19 176:5 176:18 176:19 176:21 178:1 178:7 -T- taking [4] 16:21 62:5 73:12 136:24 Tammiep] 2:17 4:4 130:25 196:5 196:20 198:22 tank [i] 128:14 target p] 33:16 23:3 targeted [i] 88:21 tasks p 28:17 158:25 tax [i] 54:14 Taylor [i] 198:2 team m 154:25 tech [i] 153:16 technical pi] 9:6 9:24 10:4 10:16 11:24 12:5 12:7 12:9 15:14 16:4 16:4 16:15 17:14 17:15 18:1 18:8 18:13 18:15 23:11 28:13 28:21 28:23 28:25 29:2 29:3 29:4 29:24 30:23 32:1 32:3 42:21 56:15 58:3 58:7 89:12 100:4 106:24 112:23 131:6 131:21 132:23 133:5 140:25 142:7 143:3 143:6 149:14 150:2 150:9 150:10 150:11 150:15 162:2 162:16 162:18 163:9 165:21 166:4 166:5 166:8 174:2 179:13 182:9 182:11 182:13 185:6 185:18 185:21 186:11 186:17 187:7 technically p] 11:19 30:20 50:12 technology [l] 174:2 telephone [i] 153:9 telling [2j 181:18 151:18 temperatures [i] 93:13 ten p] 125:11 125:16 tend i;i] 30:14 tended PI 119:7 33:19 tenure [6] 19:2 21:24 41:13 47:10 126:16 133:8 term [8] 13:25 165:14 170:1 171:16 179:20 180:13 189:3 194:24 term-like [i] 178:24 terminology [i] 14:9 terms [i9] 18:23 29:11 62:16 99:10 99:22 103:3 103:11 106:19 115:2 121:6 123:24 134:13 134:13 134:15 134:23 136:10 156:11 162:4 164:15 terphenyl pj 44:14 Condenselt! 113:1 terphenyls [8] 14:18 14:19 14:23 15:1 83:3 101:9 113:8 194:11 territory [i] 32:9 tested [i] 30:25 testified pj 61:14 130:7 161:5 161:14 167:1 180:9 183:18 testifying [i] 179:7 testimony pj 5:14 5:19 196:12 testing [] 82:3 169:8 169:22 173:1 173:21 173:22 173:23 174:10 tests p] 82:15 83:2 102:18 169:18 173:5 175:1 175:6 175:9 thank pj 59:25 61:8 62:25 85:16 195:9 thanks [i] 155:10 themselves [i] 114:11 theory [4] 52:7 52:16 54:18 87:15 therefore [i4] 30:9 42:15 53:12 53:15 65:16 99:15 99:17 137:8 137:21 142:22 155:3 155:23 174:1 190:7 thereon [i] 197:10 thereupon [i] 196:10 Thenninolpi] 43:11 60:2 60:23 61:3 61:19 62:6 63:10 63:11 151:18 151:23 152:1 Therminols [i] 193:8 thesis [i] 6:14 thickness p] 183:4 183:5 thinking pj 20:17 20:18 70:2 87:7 91:8 102:2 112:23 141:15 178:12 third [i2] 8:4 57:2 57:2 60:19 65:13 69:19 82:19 90:11 90:15 96:1 111:23 118:10 thirdly [1] 16:1 this's p] 186:13 77:2 thought p9] 23:25 26:9 26:11 36:9 38:13 53:9 53:11 53:21 53:22 54:7 61:14 77:24 85:9 98:15 98:25 100:20 102:2 119:19 124:14 124:15 128:12 133:17 133:20 155:4 156:11 174:20 176:20 178:10 185:7 thousands [2] 120:18 120:18 three [i3] 15:5 16:7 28:10 40:13 41:5 45:4 53:21 69:19 69:20 78:9 111:20 111:25 130:19 throats [4] 60:22 61:6 61:24 63:4 Throdahl pj 77:12 77:13 through p7] 8:24 16:2 24:9 25:1 31:8 44:15 55:24 63:17 67:11 67:14 88:1 88:14 93:25 94:15 105:8 108:3 126:4 149:17 157:3 164:1 166:6 171:2 171:24 174:16 174:21 182:17 185:8 throughout [i] 39:9 tied [i] 33:2 tile [i] 155:21 tiles pj 19:9 19:16 timely i] 72:22 times [i7] 23:7 27:18 29:16 31:11 34:21 35:21 57:25 160:4 161:8 161:9 161:13 17:23 29:5 33:9 36:7 161:5 161:11 timing P] 129:17 122:23 title pj 9:2 39:16 40:5 42:4 44:11 102:3 117:18 117:24 157:13 titles [i 9:1 today pi] 4:21 5:3 5:14 5:19 8:6 54:17 56:1 64:1 64:25 68:1 71:9 74:24 75:6 77:9 79:12 81:2 82:21 103:9 103:16 107:14 120:3 120:7 120:12 120:20 121:12 126:2 130:1 144:11 148:25 149:19 154:17 157:6 166:11 167:1 170:2 178:11 184:6 186:21 191:17 193:19 193:20 today's [4] 160:5 160:6 178:12 180:12 together [i7] 15:22 18:16 20:23 30:5 33:14 35:22 36:5 38:17 51:2 53:21 61:1 91:10 93:6 114:11 117:16 154:25 187:22 Tom [i] 42:3 tOO [12] 11:17 12:19 29:25 33:21 35:14 56:5 72:19 122:7 Suite - try JUNE 25, 1998 141:12 142:13 149:9 170:1 took [13] 23:20 41:1 64:12 75:7 79:16 110:3 117:9 141:24 142:1 156:17 162:25 167:24 179:11 top [14] 92:1 97:12 104:1 104:5 104:6 105:12 109:9 109:12 111:3 111:18 155:11 171:25 182:22 183:2 topic p] 36:5 47:10 total p] 8:22 45:15 totaled [i] totally [i] touch [i] 21:23 177:16 17:5 Touchette [i] 17:21 touching [i] 196:9 toured [1] 31:2 toward [i] 189:13 toxic [6] 69:2 69:9 69:20 102:20 168:16 169:16 toxicity p] 102:21 168:11 169:9 179:21 181:2 190:11 toxicologists p] 80:3 80:6 traces [2] 87:10 86:15 track [5 61:2 65:3 102:14 161:12 175:20 training [6] 29:7 29:22 30:2 30:19 31:19 31:21 transcribed pj 4:5 5:14 transcript p] 1:21 7:23 198:16 transcripts [i] 77:3 transfer p] 40:25 41:11 60:13 60:15 151:18 154:24 170:19 transition p] 186:25 192:25 traveled [i] 39:8 treating p] 53:11 trial pj 5:18 84:19 198:19 tried [8] 22:20 26:14 29:8 29:10 33:12 33:13 34:10 103:7 00 cn <N tries [i] tripm 152:15 truck [i] 128:17 trucks [i] 128:14 true [6] 135:3 156:6 156:8 196:11 197:9 197:13 trust [i] 4:19 truth p] 87:3 196:9 196:9 try [13] 17:11 22:13 Index Page 20 TOWOLDMON0051915 CUMMING PATON 24:6 25:7 27:18 35:15 67:4 102:19 123:16 136:8 139:1 139:16 155:5 faying [25] 11:19 12:1 12:4 27:18 38:5 67:20 69:13 70:3 72:16 78:22 98:18 99:3 99:4 99:12 102:14 102:16 108:13 134:6 134:8 134:16 138:5 139:24 156:17 168:15 191:10 Tucker [i] 173:17 Turet [i95] 1:3 3:19 4:13 4:17 19:13 19:22 27:20 38:3 39:15 43:25 46:23 46:25 47:14 48:4 49:25 50:14 51:10 51:12 51:14 51:15 51:25 52:19 53:3 53:4 54:11 54:17 54:23 55:24 55:25 56:20 57:1 57:9 58:21 58:22 58:25 59:18 59:20 60:1 60:25 61:2 61:9 61:16 62:3 62:10 62:18 62:23 63:1 63:3 63:8 63:13 63:16 63:20 63:25 65:8 65:13 65:23 66:3 66:10 67:6 67:24 67:25 68:17 69:15 70:13 71:15 72:20 75:17 76:9 76:20 77:2 77:5 79:5 83:24 85:5 85:10 85:15 85:19 86:25 87:8 87:18 87:20 87:23 90:17 91:16 92:24 93:11 93:20 93:25 94:3 94:4 95:2 95:4 95:9 95:13 95:24 96:3 96:25 99:7 100:14 101:22 102:8 103:4 103:25 106:9 107:5 107:9 107:12 110:11 111:17 112:20 113:15 114:3 114:12 114:19 115:9 115:12 118:2 118:10 120:6 120:11 120:15 121:2 122:22 122:23 123:17 123:21 124:22 125:6 125:20 125:23 126:8 126:14 127:2 129:14 129:20 129:23 129:25 130:19 130:20 131:2 131:5 131:16 135:18 135:24 136:19 137:13 138:14 138:23 139:14 139:22 141:23 143:1 143:14 144:2 144:4 144:7 144:10 146:2 146:23 147:3 148:4 148:15 148:18 148:23 148:24 149:9 149:13 149:16 149:18 151:2 151:6 151:8 154:8 154:16 157:2 159:12 180:7 182:14 186:13 198:18 154:11 156:5 157:5 161:9 180:9 182:18 194:18 198:24 154:15 156:24 158:4 161:19 181:25 183:6 195:11 Turet's[i] 120:23 turn [4] 24:5 38:13 50:18 115:22 turned [i] 54:19 turning [i] 136:14 turns [i] 141:7 twenty-one [i] 78:11 twice [i] 152:8 two [19] 3:9 10:17 20:12 48:12 60:19 68:15 69:11 78:8 86:10 139:4 163:4 179:18 192:11 9:14 34:12 67:10 74:16 95:20 167:17 two-page [i] 30:5 type [23] 13:23 17:19 20:22 2--0-:-2-2 29:14 32:23 56:1 91:19 94:1 108:4 117:25 118:2 143:20 144:16 145:4 147:6 160:3 162:19 169:8 170:22 174:4 179:1 181:21 typed [2] 146:11 146:9 types [6] 28:17 37:12 38:5 46:15 107:22 190:1 typical [i] 38:8 typically p] 33:18 33:25 34:19 34:23 36:23 144:23 147:6 typo [2] 79:1 156:21 -u- U.K[6] 7:12 53:8 53:9 53:25 133:4 183:23 U.S[6] 103:11 103:12 127:21 133:3 183:23 188:10 U.S.D.Jp] 2:7 U.S.M.J[i] 2:8 ultimate [i] 108:1 ultimately p] 111:8 127:13 127:24 139:12 139:13 140:10 183:19 umbrella [3] 13:25 18:13 134:4 uncertain p] 165:17 166:12 under [i6] 78:15 79:20 81:20 83:7 109:18 112:8 118:23 138:14 154:21 196:10 18:13 80:14 108:1 112:10 145:2 197:12 Condcnselt! understand [i6] 5:6 5:13 5:17 7:20 7:25 12:2 13:19 27:20 52:15 67:12 88:20 134:6 169:10 176:9 190:21 191:10 understood pj 5:9 58:18 undertaken p] 104:24 112:13 undertaking [i] 50:19 underway pi 97:15 134:1 134:10 134:11 134:12 135:4 143:11 189:9 189:20 undivided pj 33:22 33:23 unfolding [i] 138:5 unique [i] 134:23 United pj 2:19 2:1 university [3] 6:7 6:11 56:17 unless p] 62:20 91:13 159:2 unlikely p] 84:13 82:5 unsure [i] 66:7 unusual [ioj 89:24 92:11 93:12 93:18 156:3 173:4 56:4 92:25 153:17 173:14 Up [46] 15:24 21:23 22:4 25:4 25:23 26:12 32:12 36:9 38:20 45:23 48:18 48:25 54:21 55:7 65:18 67:20 90:4 92:9 94:11 106:11 112:14 123:10 123:22 123:22 130:6 131:15 133:24 134:8 136:14 138:9 141:7 141:15 145:25 155:11 155:25 162:13 163:9 166:8 168:19 169:5 171:24 174:4 175:20 194:22 195:2 195:6 upper [i] 77:24 usage [i] 175:25 used [45] 8:13 12:2 13:9 13:22 19:15 19:25 20:1 20:5 27:10 29:9 29:11 29:25 30:2 30:12 31:25 53:13 54:10 62:16 89:25 91:24 92:19 93:9 99:23 106:21 127:20 140:14 142:18 142:23 143:22 170:18 176:5 176:17 176:19 177:8 177:13 177:23 177:24 178:1 178:6 179:8 185:14 188:4 194:5 194:23 194:25 useful p] 175:13 36:10 users [i] 70:20 uses p4] 71:17 72:2 91:22 99:9 99:16 101:1 101:8 135:10 162:25 164:7 165:5 165:23 168:23 170:14 173:18 178:3 182:6 185:17 188:4 189:6 189:14 190:16 191:3 71:20 97:16 100:10 101:10 163:19 165:18 169:24 176:7 184:17 188:25 189:17 using [i2] 20:14 29:18 102:18 110:19 127:12 128:18 153:19 169:12 14:8 61:3 113:8 139:8 usual [i] 93:17 usually pj 21:14 26:3 34:2 137:5 146:3 148:10 148:10 -V- V[2] 2:5 2:8 vague [i] 60:12 vaguely po] 74:1 74:16 84:21 95:19 112:16 112:19 112:20 112:22 152:9 152:13 valuable [i] 156:13 valued [i] 155:22 vapor p] 105:15 105:16 105:20 varied p] 150:4 18:25 variety [2] 142:6 140:25 various [io] 24:2 51:3 171:17 175:2 187:24 189:8 17:23 143:11 187:18 191:20 vary [2] 29:2 38:14 venture [i] 45:22 verbatim [i] 65:24 versus pj 152:16 165:12 165:14 165:18 175:24 177:15 177:19 184:8 188:25 Video [i] 198:2 vinyl p] 140:23 13:8 visit [3] 32:2 118:17 153:5 visited [4] 12:17 25:10 118:14 152:7 visiting p] 10:8 119:12 153:6 visits [i] 153:1 vital [l] 28:5 vocabulary [i] 178:25 Volpi 69:17 volume [4] 23:7 24:12 39:11 156:11 volumes pj 109:17 faying - WHEREOF JUNE 25, 1998 109:18 179:5 vs [1] 198:10 -w- W[2] 173:15 173:20 W-A-Y-C-H-O-F-F [l] 13:14 W-I-L-D-E [i] 80:13 W.K[i] 57:11 W.R [i] 106:13 wait p] 25:12 62:5 104:4 Wally [i] 36:19 Walt [4] 26:9 38:12 41:24 144:13 Walter [6] 13:13 22:23 36:17 80:22 80:25 148:19 wanting p] 148:8 warning [3] 129:8 191:12 191:12 warnings [i] 127:12 Washington [i] 158:20 water [6] 58:13 95:16 127:14 129:9 175:23 185:12 Watkins p] 3:13 198:8 Waychoff po] 13:14 13:15 22:24 26:9 38:13 41:19 41:24 80:23 81:1 144:13 Waychoff's [i] 144:23 ways [2] 69:19 134:8 weathered [i] 141:3 week p] 32:7 32:10 78:11 weeks p] 31:8 31:9 161:2 30:23 161:1 well-prepared [3] 75:3 75:6 75:11 Wells [4] 22:2 34:15 34:16 172:2 West [i] 55:5 Whales p] 8:21 7:14 whatnot [2] 25:23 24:14 Wheeler po] 50:7 50:17 55:22 57:23 57:24 58:6 58:10 67:6 74:20 78:3 78:8 102:12 103:19 106:13 173:15 173:20 173:25 174:25 176:1 181:3 Wheeler's pj 78:5 78:15 whereas [i] 33:22 whereby [i] 75:18 wherein p] 172:25 2:21 WHEREOF [l] 196:16 Index Page 1 TOWOLDMONOQ51916 CUMMING PATON wherever [2] 26:20 32:14 white rn 92:22 whited rn 89:13 whole ri5i 22:16 36:25 63:18 67:14 77:20 111:19 111:24 134:13 140:25 148:2 148:21 170:10 172:7 173:14 185:1 wide [4] 28:19 111:5 111:11 111:15 Widmark[i2] 48:18 51:23 52:15 66:19 79:24 80:5 86:1 167:3 48:13 52:2 79:21 85:23 Wilde [5] 80:13 80:16 81:4 81:4 132:18 wildlife [6] 65:18 68:5 68:19 86:16 134:17 172:13 Wilkinson pj 151:15 152:21 Willis [i] 116:4 Wilmington [i] 132:13 Wilson [i] 3:9 winp] 147:11 148:6 winding [i] 46:14 withdraw pj 37:20 72:2 122:22 123:1 135:4 138:16 140:11 withdrawing [2] 135:9 135:19 withdrawn [5] 43:1 43:5 43:12 43:15 44:2 within p4] 11:15 13:5 16:8 26:8 35:4 35:7 47:10 48:19 57:19 72:11 83:2 97:1 122:9 129:7 196:5 197:8 2:18 15:6 34:7 42:16 50:1 72:25 110:14 167:25 without [is] 12:5 25:12 40:15 52:4 54:8 85:1 90:1 97:24 111:24 116:11 116:11 123:9 133:7 133:9 133:10 153:19 187:18 187:24 witness [12] 4:5 62:7 83:18 110:6 120:8 120:17 159:25 160:3 196:10 196:12 196:16 197:25 witnesses [i] 198:15 wood[i] 90:20 word [3] 67:17 89:5 101:16 words [i] 136:25 worem 156:9 worked [i6] 6:19 9:6 11:18 18:19 22:2 22:5 50:8 59:7 59:9 77:13 81:11 118:23 140:4 154:21 174:3 178:21 workers [i] 86:2 world [10] 2:23 3:18 4:19 7:25 54:9 54:10 2:6 4:10 54:8 159:23 worldwide m 99:15 107:22 188:11 worried [i] 56:5 wrapping [i] 185:14 write [6] 26:7 79:3 100:11 176:22 187:21 188:17 writing [6] 5:15 84:3 114:1 187:19 187:20 196:11 written [i3] 52:20 70:2 88:10 88:12 116:1 117:21 162:24 183:9 30:1 86:11 94:16 138:11 190:3 wrong [4] 7:17 14:9 27:9 194:4 wrote [7] 54:3 96:16 132:1 136:7 136:9 188:2 190:13 -Y- yearp4] 10:20 10:22 12:22 21:15 23:1 23:23 24:10 33:13 33:15 35:11 35:12 35:18 35:23 38:14 125:11 125:16 years [isj 10:17 28:23 40:13 41:5 45:4 54:16 125:11 125:16 167:17 194:17 yesterday pj 79:15 116:9 160:8 yet[i] 124:16 York p] 132:16 yourself m Yusho [4] 180:8 180:11 10:21 21:2 23:3 24:18 35:4 35:18 38:14 125:15 9:14 34:12 45:3 59:10 127:5 79:10 117:14 153:24 70:16 60:17 180:13 Condenselt! wherever - Yusho JUNE 25, 1998 Index Page 22 TOWOLDMONOQ51917 PATON ASSOCIATES LTD 13300 Fairfield Circle Drive Town and Country, MO 63017 Ph.: (314) 576-4085 Fax: (314) 434-5260 Latham & Watkins Attorneys At Law One Newark Center (16th Floor) Newark, NJ 07101-3174 Attn.: Tara V. Saybe Paralegal November 17, 1998 Re: Maertin et al. v. Armstrong World Industries v. Monsanto Company et al. fCivil Action No, 95-2849) Dear Ms. Saybe Enclosed please find the copy of the transcript of my June 25, 1998 deposition along with corrections made on the Witness Errata Sheets. Each sheet has been signed and the Form signed in the presence of a Notary Public. I apologize for not using the envelope you provided -1 have misplaced it! Very truly yours, , Cumming Paton cc. Mr. Gerard Davidson, Smith Flelms Mulliss & Moore, L.L.P. Enclosures. TOWOLDMON0051918 DEPOSITION OF CUMMING PATON, 6/25/98 1 STATE OF MISSOURI ) ) 2 CITY OF ST. LOUIS ) 3 4 5 I, CUMMING PATON, do hereby certify: 6 That I have read the foregoing deposition; 7 That I have made such changes in form and/or 8 substance to the within deposition as might be necessary 9 to render the same true and correct; 10 That having made such changes thereon, I hereby 11 subscribe my name to the deposition. 12 I declare under penalty of perjury that the 13 foregoing is true and correct. 14 15 Executed this 16 at 17 18 19 20 CUMMING PATON 21 22 My Commission Expires: 23 Notary Public: 24 Signature Page to Mr. DiMuro 25 Witness Letter Sent to Mr. DiMuro TOWOLDMONOQ51919 . 7494 Ethel Avenue St. Louis, MO 63117 I (314)644-2191 ; 800-280DEPO I (314)644-1334 Fax TAYLOR&ASSOCIATES REPORTING, INC. db/a TAYLOR * SCHROEDERREPORTING & VIDEO Witness Errata Sheet Witness Name: Comm/uc, rfiToti Case Name: fflfi&TM Vi. /kwV&fJ? lllfo.t) JtlplIST# I Date Taken: bj&sHS............................ ............... ........... Page # t Line # Should Read: //-' ___ NC U > //I l/if aJ: Reason for Change:: /7cco/g/frcy / /v/g. tj (r~nC /(XsriJ , s-/ Page # /O Line # Should Read: /d fy su/ Reason for Change: /oPage # Line # ____Y_ Should Read: _____ Reason for Change: / 1 7^ $ >p<i Ht*\j Page # Line # 13 to Should Read: ____ Reason for Change: ~ c/ar^y- .......... Page # JA. Line # J-C/ Should Read: _____ Reason for Change: * the " be. it re ft&sh tile/ Page # ^ ^ Line # 3T--&*> Should Read: Cf Reason for Change: cMre-r ''acjruoj" Witness: flhtlStWT C ' National Court Reporters Association Missouri Court Reporters Association DEPONET TOWOLDMONOQ51920 7494 Ethel Avktu* St. Uui*. MO 63117 (314)644-2191 f.OV>- 4BOTV- L>ij C/ 0(4*64443,34 F TAYLOR& ASSOCIATES REPORTING, INC. dWa TAYIOR* SCHROEDERREPORIING&VIDEO Witness Errata Sheet Witness Name: Comm/da fkrod Case Name: ft) hHr-T /fit Vi ftllMi T&O blCy *1 tfohCfaf TO Date Taken; &/%sr/^___________ ___________________________________ Page# (4 . Should Read: ho Serb " A ft. ftbfti nvQive ' ofthu Pkshc i Z. YS Reason for Change: c./a~*r rJ-^j J j Page# . jj'bj____ Line # W~L' Should Read: ___ Reason for CChange: So/btn'io9 C./ctr iFh dJ- M ' , /Vij/^<x<j^r St J-he r? el Qf<t I / ~~ Page # / Line# 3 Should Road: Reason for Change: cftbltuhr rCxA^T) !! cnJ~- m*A) /) rvxJiX Page# / Line# ~Z~ "ho-bo Jhz, ''b>0 r-PJ1i . /^W Jl^WWt oJ_ b&fifln i'tf Should Read: Reason for Change: ^y^2b^j ty ____ __________ _____________ ^.`TM5dis 'rtbers: National (Jouri Reporters Association Missouri Court Reporters Association deponetM . .. : . TOWOLDMONOQ51921 7494 Ethel Aim* St.lwia.MQ &3U7 (514)644-2191 800-2SC-DEPO (3!4) 644.13T4 Fa* TAYLOR& ASSOCIATES REPORTING, INC. &b/a TAYLOR* SCHROEDER REPORTING & VIDEO Witness Errata Sheet __ Witness Name (2vfY\nn)tJc, P&yo aJ Case Name fY]fi(lrnbi v./ltZAU'T/Zo/JG C- AfotJ^A^To / Date Takea; & ArTfrf _____________ ^c0 Page # / sSdd&eadf0 o/$Jh?h~ Reason for Change: & ra. *v\ ma.f ' kfrdxJ ' Page# Dine # // Should Read: . Reason for Change: 'camt" ro rVi i^sfceA^ 4f ^ "com* Page # /-$> Should Read: bJ//f*l /7dP ft/of C/ 2^/K> J Reason for Change: fll /~y* ** `Chtb^vcr''' Page# ^^ Line#77 _____ L/L>6___ / ) i n --r~ >j Should Read: dxL/^rr, ^L-Cdmr tR>e_a_s_o_n_f_o_rrC\.h_a_n_ge_r ______ Zy?/q r /./J"V-i / ' > ythukhA n). / * Page# i b Line# ,-0 Should Read:____ Reason for Change: pro}(jc^~rdh insb#/i)t prohvib Page# it Line # / Should Read: Reason fur Change .. / ft /. . ^ $a * HLKi Witness; JXaiiomi Court Reporters Jssociotion Missouri C-outx Reporters Association, * DEPomr-^ TOWOLDMONOQ51922 74*4EthlAvwn St- Louis, MU 6311 / \*j* *i '*/ i'm -i +' 7* <i nt4tfi44-!374 Fa* TAYLOR# ASSOCIATES REPORTING, INC d/b/a 7 TAYT OR * SCHROEDER REPORTING & VIDEO witness Errata Sheet om/Y)/Af$ f/\TD^ Witness Name: ; Case Name mre lajcca /YjfreZTfti ^ /hzMSTfcOflJ^ 6/>s'/l K- fVctJS/tfJTQ (jMtfcc Pagew 17 Line# Should Read; Reason for Change; * /h /J ha dg-CUn ^ n\g, f images____f_7__ Line # / Reason for unange: "CoafZ^ r /LgKtA Pages JL Line# -&.L Saould jLleao: ______ Reason for Change: /nsert *zJ't&Z' a r r u s' a ~ ~ ' ' V~i> Pag# i7 Line# <3-/ bhouid K&ad: K ea^ma for ij-Range f f<e.rn 7~& & f~ f/J.ia^- tnS?S / 7Page# Lise # 3-- Should Read; ____ _ Reason tor Change-. tjg/ejts f/ * r<x r*\ rv\<x r' J^arx '7 ^ f# eg ** py Page# /S' Line n Should Read: Reason for Change: _______rt^\J ^odl 4&dE 4/ i> itncss. JVatiottai Court Exporters Association Missouri Court Reporters Association * * * * DEPQNET-7: : TOWOLDMONOQ51923 7494 Ethel Avenue 5tUu.MQ 62117 (jj4)644d! jyi (3I4> 1*44-13.14 F TAYLOR& ASSOCIATES REPORTING, INC d/b/a TAYLOR* SCHROEDERREPOR1TNG& VIDEO Witness Errata Sheet Witness Name: /d L^-U/Y] 1Y}//^C Case Name. /?]ft6(ZT)hl ft KMC T/&AI4 / /VlohJf/HJTO jfHiXCO Date Taken. _ <M%___________________________________________________ fig # stwR^--" yvn.'J'uMo'U)i& %i, U^-MuK* Eteasoa for Change: K^> Uc'" Page # j S1' Should Readf Reason for Charge: ^eisJt. SrtF " j(ru kn^uj J a *Y\rvy(L*' Paee# o2<? cine ^ / f/ , Should Read: QJSO QSQO h / j4 /'nfAfggy Reason for Change: C/q./ ,ry*_____________________ u w rhtSt ________________________ * Pag## -=3-0_____ SV.ijMRead: Afe#J47^/ CTf&C&jl , S-feL^t UaaJ^cmcJL tiJ/tfl ^ Reasn-n for Change: atC.drd.CJ/ n ~7 hes? . /iLa&6-t* -nil VfJcjoQi by------- Page# SX& Should Read-____ ^ Reason tor Change - " / Mg c^a-h\9 ' `backbone _.i.ZZZ________ ...... Page# ot-Q Should Read: Rt^Orb ^ ^dab Reason for Change; Witocss; C/o 7 /gfeT tfy<L coat<\y$ prtlucfo uxed J f ..........."'~ 'nbers: .' National Court Reporters Association Missouri Court Reporters Association DEPONET - R ' . ' - ' TOWOLDMONOQ51924 . 7494 abet Avenue ' $t Louis, MO 63117 I (314)644-2591 ; SCQ4W.DEPO (314)644-1334 Fsm TAYLOR& ASSOCIATES REPORTING, INC. db/a TAYLOR* SCHROEDER REPORTING & VIDEO Witness Errata Sheet Witness Name; CuM/n>N<i toaJ Case Name: /W#taJ \!'A-&/y)S7&cMC Date Taken; __ & ix'M </ ftiriC/huroXtco Page # line # Should Read; Reason Tor Change: Page # 9. Line H ff Should Read;_____ Reason for Change: "the " Page# &9- Line # /p- Should Read: Reason for Change: ra n't m d C J) "tAdr" * hiflrre. ^(rm t y&v-fecund Page # Line # J*Should Read: Reasiaa for Change; Page # ^ ^^ Should Read; _____ Reason for Change: Page # &Q~~ Line # - r/ Should Read; _____ Reason for Change j^AA "dA * j/~a fm.ma ithiL "rUr.: C(faf >-e ^ihtctSL ' h1a _tj r<K m rrsa_C.. rt h " h Witness M~nbers: National Court Reporters Association Missouri Court Reporters Association DBPONET r " -:/ ' TOWOLDMONOQ51925 74*4 &hI Atwhw $t.Uuj*,MO 3117 (j i 'i) 644-21 $ I 800-280-DEFO (314)644-1334 Fa* TAYLm&ASSOCIATES REPORTING, INC. cMVa TAYIGR* SCHROEDERREPORHNG&VIDEO Witness Errata Sheet Witness Name: dumrQtAfc; ; /Y)#r&7rtkl s, Case Name _____________________________________ Y TO Date Taken, thrfet______ ________ ___________ ____ Page t _A3..... Cine # Should Read; ~7 _____ lltJojliL "Vs-rj. " (out tn}<*4<hc l b Reason for Change: _ ^ rOj'mZ^af ... tri* g-YV Jctsf c- yr^ 0 Page # ^ Cine # ,-3. O Should Read: Reason foi Change: , n tHt , < ' fO t ClU TOOk &fa.r, Page # <5~3 use# ^ ^ Should Road: tJ-s5 .cssos iI*or v .niTi^. w- i VeJ htch W ndh "<xthach n afar,?y ,. .,,. _______ ^____ - ' Pag4# Line# D- ShouIdRead:_____ Reason fm Changer JXdJ^ " }jl, -- C-ec&yii u>c^xl /' ra >*v/v3g r_________________________________________ Page # <^_7__ Line # / Should Read: Reason for Change: $tttuk. * ZE hr>nj \j&u,kn8hJ C/ocr fb'^ Page # 7 Should Read: ^ JQ)J hjQu/J Jp fS/liU*j Cf fly Reason For Change: Witness; c/*-C/V~y ' s'")} rm: ^ ............^ fibers: National CourtReporters Association Missouri Court Reporters Association * DEPONET TOWOLDMONOQ51926 7494 Ethel Avttw* St Louie, MO 53117 (3!4)64<W19l 8OQ-Z8O-DEPO (314)644>IS34 Au TAYLOR& ASSOCIATES REPORTING, INC. db/a TAYLOR* SCHROEDERREPORTING & VIDEO Witness Errata Sheet )anK: djnmiKjG fft-roA Witness Name; A#Onita* fflPtttlTIhl V MS.THotiC r tf?Of/S/kJT0 g/fynt* Date Taken; __ Page t 3-^ ShouldRead.^ ~ jkJluU, ", A/e/ Aa Reason for Change; m ) jphr&j-e. SJLccm Page# Lc #___ -n /} Should Read- Reason for Change: / JleJrQjfe Page # Line# Should Read: _________________ Reason for Change; ^ ra Page# <=3-f Lind# d -- Ddlsdt Should Read Reason for Change; * V~ l\J &VL Page# Line# & Should Read;_____ Reason for Change: tfeuto-fb h }ii.'UjSPi' 2tt^mb *t 'h&YtLipihuJQs) *~`hy ' ' ^J Page:fd Read^ Line Should Reasoon for Changce. Witness: ' CUA^ " Si - i r<2_//nd rr-/1/i~~uy ^szz ' ~.......... fr*-*sbers: Nattomi CounReportersAssociation Missouri Court Reporters Association MPQNET - TOWOLDMONOQ51927 . 7494 Ethel Aveou* * St Louk,MO 63II7 *. (314)6*4-2191 ; KO-MO-DEK) l (314} 644-1334 Ha TAYLOR& ASSOCIATES REPORTING, INC. dh/a TAYLOR* SCHROEDER REPORTING & VIDEO Witness Errata Sheet GutfrY)iA/4 Patoa) Witness Name; Case Name; A1 fr&R T/Af * AtfmZ'T&tAf? * MotJffaJTd ^A^lStO Date Taken; & fo'L ______________ _________________ _______________ ' Page# &~? ShouldReadi^ Reasun Tor Chants: !*,'* M 'L*JFL- Reason for Change: ilKlO(jll /^g jL '' fYl'\9tyf" kdVt Cd CLf'i ....... . ^ ...........^ ...... ____ _ "' ---- " Cry " J*sbu\ d "+r,'A" Gf f<x. m t^G. C 0 ......... Page# Should Read: Reason for Change: Jh-lzJ^L */-t //" uJ & C .... Page # SLhinoeu#ld Read:________^-gugra/ * Reason for Change; JJCOl *w rv<CjC_____ ^ Page# Reason for Change: Dd>A *. /*e" ^y^ r~e^bts*\jln h ' Page # Line n Should Read; ___ _ Reason for Change: Witness: n S tUf i^Q ^ it s\dh hSeL '*] 1 J^a.ni mmg ~f ~ ^Si4^ 4 h 4 C(l f!y Mothers: National Court Reporters Association Missouri Court Reporters Association * DEPONET . " - TOWOLDMONOQ51928 7494 Ethel Avmim St Louis. MO Si! i` (314) 644*2191 tOO-MO-DEPO <314) 644-1334 ftw TAYLOR& ASSOCIATES REPORTING INC dtVa TAYLOR* SCHROEDER REPORTING & VIDEO Witness Errata Sheet Cvmmi kit Witness Name; : /Va&LtiiJ f. Case Name: PatoM /bejMTAt>A/4 t. /WafiUMTo Date Taken; Page # 39- Line # JJL Should Read; ____ Reason for Change: Xkhlt \rviim(LjfJ.... . / . Page # 3 Line# j^S' Should Read: ____ Reason for Change: &Jvk Ho ^UJSL mm 'fast A-H&lJ Page # 3 *3 4^line# 1V Should Read -rajyuthrtct "fy* tl Reason for Changge~;- _<Lj*.rihu.~.....*.. -- 3VPage# LPeuH Line# _____ Jtejjok, Should Read:____ oj^z'U "ah Reason for Change: J&f~a m wsdiS-'-. . ynbahlyhtel' ,c * "Jwffhaw Page# ^5f line#____ Should Read. ____ Reason for Change: 'irsb '''J bhi*k >h <-Jar 1 y^fclLG4. ~p.h.CML Page# j. Line # Should Read ____ Reason for Change. \ / tt i r/ 1 ro nJhT prefer ------------------- ..............'auiE'om^r Witness: ________ 7 ---- National CourtExporters Association Missouri Court Reporters Association mPQmrX " TOWOLDMONOQ51929 r-'X 7494 Ethel Avenue St Louis. MO 63117 (314)644-2191 WX>-280-DE?O (314)644-1334 ftw TAYLOR& ASSOCIATES REPORUNG, INC. cMVa TAYLOR* SCHROH3ERREPOR'nNG& VIDEO Witness Err^Ui Sheet Witness Name: Case Name: fAbetl T,d fftTnd r Aumct&m r. fflerimUTO fAWteo Date Taken: #Page Lf-0 Line # ki Should Read: Reason for Chang*; Page it Line # Should Read:_____ Reason for Change: ikAJc (/ --fr Yvtix^r bold-C "auC M Page# If'O Line # J- 3 ~ n / Should Read: ________ Reason foi Change:___ __________ w fl Page it tf-0 s^ifdRe^^'" Reason Fui Change: Page # kO &=**"- Reason for Change: C&He'h n.&f' caH d*/s /"% *y /uytd >'n / ^ \ .- 2>y^ * ^ -rUaTTJy ' Page# __f/------ LS_ih_no_eu_#ld_R_e_ad_<; 5- Reason foi Cliauite: ,, '.'. H^.c..h bJ/Hxn* -C. / <7 r/ 7*V . .. fl '1 fii is. u)a * ' *' ^ --Witness: b4 '*tbers. National Court Reporters Association Missouri Court Reporters Association D^PONET '^ ' TOWOLDMONOQ51930 7494 Eltel Avenue St Louis, MO 63117 (314)644-2191 SOO-2KO-OT.ro (314)644-034 Pi* TAYLOR&ASSOCIATES REPORTING, INC'. cMVa TAYLOR * SCHROEDER REPORTING & VIDEO Witness Errata Sheet Witness Name: 6VMM )l\la f/hTOA) Case Name: Mti-fteT m/ >/. ->4&ACT/Zd/UG i/. Mu}4^To Y&ti Date Taken; _____ i kir/it Page# line # Should Read: ____ Reason for Change. Page# ^ Line # Should Read: ____ Reason for Change: " Chf fg neSQ / !UjUAL9&/' Vh.ian-f- " * ~~ Jr*-tv\ /n Page# . Line# /b Should Read; Reason for Change: lAJth-e firrh Q f~a. rK rno^C n I Y) He Page # m. fine# 7L Should Read: ____ Reason for Change: Page # b> Q Tine # Should Read: ____ Reason fox Change: tf Boh" sWch^ / "An) Cja-rihu u K'fu. Page# XI Line# Should Read; Reason for Change: Jklejt a ' l&y tdd^i) yrg m W^r /c l*srif-y- Witness: Natiorial CourtReporters Association Missouri Court Reporters Association mPONET:;-v, ' TOWOLDMONOQ51931 7494 Ethel Avenue St Louts. MO 63117 {314)644-2191 STO-2S0-DE7O {314) 0*4-1334 Vax TAYLOR&ASSOCIATES REPORTING, INC cMVa TAYLOR * SCHROEDER RRK)RTING & VIDEO Witness Errata Sheet Witness Name: duMMihft /atoaI v.Case Name: Mo&LTIKJ Aam-!~tM6 K fYltrtf/HJ706AMr< Date Taken: bhd-'Hs _______________________ Page # ^5 3 Line# Should Read; Reason for Change, Page# Line # /g"' Should Read: ____ Reason for Change: Page# Line# Should Read: _____ Reason for Change: Page if Line# Hr___ Should Read:_____ Reason for Change: Page # <P Line# _____._ifd. Should Read: _____ Reason for Change: Page# Line# Should Read: Reason for Change: Witness UHreSP* rtS i hi h Hj '* C~taHMy\' / n f-e. fidtos ihh k ........... - r -- / W// * CL/cur]Ty s/ci ! Jtwg '/ JJ s/hOl can ^ tm snet C?. ~y JhljU^L Jnrsk ^ 1 JeAit ' a^h jrAmiMa/ .,/P <^rzt*vi icyHfa* 1 n n ~*$ber$: National Coon Reporters Association Missouri Court Reporters Association peponet: TOWOLDMONOQ51932 7494 Ethel Avenue St Louis, MO 63117 (314)644-2191 800-280-DEPO (3l<) 644-1334 Pa* TAYim&ASSOCIATES REPORTING, INC. d/b/a TAYLOR * SCHROEDER REPORTING& VIDEO Witness Errata Sheet CdWitness Name:g MM ltd6 Case Name: i/. Date Taken: ^ j j7 Ag-ffls t.oaI4 klPage # Line # t 0 Should Read: Reason fiw Chaua*; Page# 77Low#_____ ~7 Should Read: ____ Reason foi Change: Page# for Line# 2ZZE Should Read. Reason for Change: //fo/ ~t4^f<UA c C/Q r i AbJejft. ^ "diS. C min?. )> yy> Pt$(L)k- / TLl^o^Vc. nx> ^gOL#KV m&S '.ini Page# Line# i.q3 Should Read; _____ Reason for Change: Jki&ks !> * " aJ^ Ctit(2JA.k d ItotiW Page# /Of Line# /i Should Read: ~~~ Reason foi Change; JuJojk_s : CJtuJdiy ym^khjrw, M Page# ( & 7~ Line # /*3 Should Read: Reason ftii Change: Witness ikh/t i'r$h " ^ ra tvi i*iOsf 1H&U\ tJ National Court Reporters Association Missouri Court Reporters Association deponet ' TOWOLDMONOQ51933 7494 Elbe] Avenue St Lcuu. MO 63117 (314)644-2[91 TO0-2SVDFTO (314)644-1334 Fax TAYLOR& ASSOCIATES RHPORUNG, INC. dh& TAYLOR * SCHROEDERREPORTING& VIDEO Witness Errata Sheet Witness Name: Case Name: /DfrA,TiK) v. AWT#.0NG Date Taken; /'Z^ %_____ ____________ ___________ v. /Ylo^/h^JO Am1 CO Page# ,'03 Line#_____ 7 Should Read:____ Reason for Chang*. l)cAJc *cuu) H cfcLCtiy Page # /P-3 Line # ZZ Should Read: _____ Reason foi Change: f\joM* i<Zu^t(X n /*Y> hj //__ ' )/& 0 fa-ttfoJ Page # j3 Line# 3J> Should Read: ____ Reason fui Change: hick. * iL. " '0 j rL CJe-r>ry. Witness: National Conn Reporters Association Missouri Court Reporters Association DEFONET ' TOWOLDMONOQ51934 * 7494 Etfwl Avenue ' St Louts, MO 63117 <314)644-2191 * 800-2SVDE?0 * (314)644-1334 Pm TAYLOR & ASSOCIATES REPORTING, INC cMVa TAYLOR * SCHROEDER REPORTING& VIDEO Wiluess ErruU Sheet Witness Name: Case Name: __ Date Taken: *i*'he Mfiiezriti >/ ffeMST/b/M * Mitiauin IAmscq Page# Line# Should Read; _____ Reason foi Change; dhhrft,vd nifp^ c !<%.n/htdi*** I! J r 7*7" fun-fCY- ifoh*. f Co f] Page # Lise # Should Read:____ Reason for Change: Page # /*/ f Line# // Should Read: Reason for Change: M'b*Jy/te,ni.*lpl\hlal<xh / Cr rSc^-tn* r&jr'Jict-hl ^UfTfolhl Page# Line# f Should Read: ____ Reason for Change: Page# js"0 Line # Should Read: ____ Reason for Change; if ScuJ W / 0 kh Page# / Line# / Should Read: Reason Rii Qntmte:_ * 1 II r^hu -CCCd Witness: b* others: National Court Reporter* Association Missouri Court Reporters Association DEPONET ' ' TOWOLDMONOQ51935 7494 Elhel Avenue St Louts. MO 63117 (314) 644-2T9I 00-2K)-De?0 (314) 44-1334 Psw TAYLOR & ASSOCIATES REPORTING, INC <MVa TAYLOR * SCHROEDER REPOR'HNG& VIDEO Wiluess Errata Sheet J^O/niri/AJi Witness Name: rA/o/J________ Case Name./(fla&LTiki \f Aamj-t,mJfls Date Taken: bjytrfoi Pagc # Isr? Line# , MxShould Read. ___ Reason for Change Page # IS~S Line # "F ~ Should Read: Reason for Change: hJvlt, ,f v cJairi^ y 2vttuf <LS-pJhIc(A _ JfalTC fcMSdd _ i/ C'fidoU.J- ^ 'i h&j&uj k Page # tine# y. Should Read: Reason for Change: Page# jbO Line# Z3Z Should Read: _____ Reason for Change: / 3 zzzPage# Lise# Should Read: _____ Reason for Change: A/eJ &A/i ; /,J ff Srt+AjLg V rJrj^ if AJcruj n /- y\ kn ajI<d-u/J -hra#* <^Xfjrr7&?^ M `nbem. National Cowrt Reporters Association Missouri Court Reporters Association Dfcpomr y: TOWOLDMONOQ51936 7494 Ethel Am SL Louo. MO 63117 (314) 644-2191 800-280-DEPQ (314)044-1334 Tax TAYLOR & ASSOCIATES REPORTING, INC cMVa TAYLOR * SCHROEDER REPORTING& VIDEO ____________ Witness Errata Sheet doMMuJt 'fUrOA) Witness Mame: Case Name: M&(L? | fj J. AllM T A& M 4 Date Taken; ____ /vr/?<f Page# /< </ *Mjcfilf/MW t fytASco . for Change; Page# lb Line # 22Z AvW' Should Read: ___________________ Reason for Change;______________ MaP SMuhju^ Page# Mo Line # Should Read: Reason for Change: Page # J_b_ Lise# Should Read; Reason fox Change: ^ /) it -CJjuUjfpL OSHiaM "hr*k - ~ ~------ jpMffifatMCL * n IkAM dc-rvtrPUL/"^ Page# Lise# 'H Should Read: ____ Reason for Change; Page # no Line# Should Read; __ Reason Ru Change: CX4 L%Jp CM&sHily HI _ \S IJ n Pc$ oMMr * ^ -hra^g terror Witness: y '*tl>ers: National Court Reporters Association Missowri Court Reporters Association , DEPOWT , ; - 'V.-; ; TOWOLDMONOQ51937 7494 Ethel Avenue Si Loud, MO 63117 (314)644-2191 800-280-DEPO (314) <544-13341*** TAYLOR & ASSOCIATES REPORTING, INC, d/b/a TAYLOR * SCHROEDER REPORTING& VIDEO Witness Errata Sheet Witness Name; 1 ft t ON Case Name; Date Taken: <f ft'ffo S Page# jl 0 Line# V? Should Read; Reason for CJirtOge. /Oil ftbplAJCO; 1 'A, r u U)1fU cJt' >r- '/t 11 >j ' Page# H'O Line # 1SIS. Should Read:____ Reason for Change: Page# 17/ Line# _L Should Read Reason for Change: Vc/ ofk-r n . , tL.KuLru..___ u hUt Ai) ihuful cJUwFj ' ^ u Page# Line# Mt2- Should Read: ____ Reason for Grange: Page # / Tff' S^ufdRead:^7" v 'fast H n n&f "fashI\ Z^^mEZHL ^ t) ,, tljfrri&j Reason for Grange; /*?Page # ' Line# J-L Should Read: ____ Reason for Change: // trc^S.C4^t Su-4tt ^" Witness: L National Court Reporters Association Missouri Court Reporters Association DEPONET/tC ' TOWOLDMONOQ51938 7494 Ethel Avenue St Louts, MO Ml 17 (314) 644-7 \9\ 800-2S0-DEPO (314)0*4-034 n*x TAYLOR&ASSOOATRS RRPORUNG, INC cMVa TAYLOR * SCHROEDER REPORTING & VIDEO Wilaess Errata Sheet ime: . CMHWIKU fflrlOll_____________________ p Witness Name: , fflPr&IL'Tild' v. Case Name: 4^ms~ntofSf *. fflitlMrt>6y*(Sce' Date Taken: M -vbers; National Court Reporters Association Missouri Court Reporters Association mPONET - . < ; : TOWOLDMONOQ51939 Feoruary 14, 1969 i'XCJIEY FROM VAPOR CORPORATION CW TOXIC EFFECT OF CHLORINATED 31 PHENYL y J. J. Roder - CHICAGO ee. . J, R. Fallon P a - AKRON S t Stan forwarded to me the note you received from Ed custaf and che accompanying letter from T. Fujiwara, Managing Director,' Nipon Vapor Generator Company, and to H. J. Schickedanz, General Manager, Vapor International. V/e have been adviced by our Japanese representatives of the bran oil poisoning . of quite a number of Japanese citizens that was attributed to Kaneclor 400 (chlorinated biphenyl comparable to FR-2). V.'e assembled both medical and application data and sent it to our Japanese counter-parts as arguments for the cafe use of chlorinated biphenyl heat transfer fluid. Essentially, we said that there are certain toxic and systemic effects that can be brought about by the vapors of chlorinated bi phenyls, V/e did not rule specifically on the injstlon limits of this chemical. We also directed attention* to'the largo number of applications in food processing that utilize Therminol ?R heat transfer fluid. We brought out very strongly the fact that these systems have been designed to minimize accidental contamination of food products with chlorinated biphenyls, I think we have a good track record here in the States using fherminol FR in these applications. However, it only a corns a matter of time until the regulatory agencies will be look ing down our throats regarding the use of Uhls material. Possibly, by the time this comes about, we will have com pleted feeding studies with chlorinated biphenyls that will allow us more exact data than has been available in the past. AS a matter of fact, .they're feeding this stuff to chickens now, but I have no specifio results of these tests. I can only suggest that you attempt to put Gustaf's mind at case regarding the "toxic" aspects of these chlorinated biphenyls by playing down the medical reports and playing up proper system design. Look at the bright side for us in the heat transfer fluid end of our business -- if the government closes us down on the use of chlorinated biphenyls, we have two excellent fluids in T'ncrminol 55 and Therminol 66, as well as, a proprietary fluid in Therminol 77 to exploit, Therminol 66 will certain ly be available in Japan according to recent Information from our Engineering Department. .' MAE 053222 TOWOLDMONOQ51940 February 14, 1969 Page 2 A final caution Jim, please use the attached information with some discretion, i certainly would not"pass completed sets of thia data to those asking the questions, but rather extract the essential points from this data, namely, the ruling on vapor limits aa handed down by the Industrial Hygienist Associ ation, and a strong play on proper system design to prevent accidental contamination of food products and processing material by chlorinated biphenyls._________ Don Roush ' 1 MAE 053223 TOWOLDMONOQ51941 STATEMENT FROM: MONSANTO COMPANY ST. LOUIS, MO. March 3, 1969 On February 24, the San Francisco Chronicle carried a major feature about "a menacing new pollutant" found in the San Francisco Bay area. The article vat based on marine life research carried out by Dr. Robert Risebrough of the University of California. It stated that residues of polychlorinated biphenyl (PC5) were killing certain birds and implied a long-term threat to humans. . Monsanto manufactures polychlorinated biphenyl and markets it under our Aroclor trade name. (There are other manufacturers in Europe and Japan.) ` We, therefore, would like to present some additional facts. - The work done by Dr. Risebrough dates back to earlier research by other scientists to analyze the amount of pesticides in wildlife, soil and water. The initial pesticide research was extremely difficult since any search to detect materials in the parts-per-billion range also brings out other "interfering" substances. '' . -more- DEFENDANT'S EXHIBIT. y^ihv 2 MAE 053552 TOWOLDMONOQ51942 -- 2 MONSANTO COMPANY Several years ago, cvo Swedish sceintists at Stockholm University's Institution of Analytical Chemistry, Professor Cunnar Widmark and -Soren Jensen, reported they had identified the other substances which were appearing during analysis of chlorinated pesticide residues. They said some of the materials were polychlorinated biphenyl or PCB. The amount reported was in the parts-per-billion range, or less. Since PCBs are not "broadcast" or spread around the land as are pesticides, the'scientists theorized that the source oust be the Industrial wastes of PCB users. Dr. Rlsebrough's more recent work reports the identification of PCB, along with DDT and DDE pesticides, in the tissues of birds and fish on the West Coast. The conclusions of these scientists are puzzling from several aspects. Polychlorinated biphenyls are stable chemical compounds which are essentially insoluble in water. Their use does not make them easily released into the natural environment. . A principal market for PCB is in electrical applications - where they are used as insulating fluids for transformers and capacitors. In this use, the chemical is completely sealed in metal containers. Another market la for heat-transfer applications where the PCB fluid functions in a closed system. - . -more- MAE 053553 TOWOLDMONOQ51943  !1 -- 3 MONSANTO COMPANY ) /. In the functional fluids market, we have carried out a program for several years for the reclamation of used PCBs to reuse these valuable materials. PCBs are also used in several "plastic-type" applications. Here the chemical is incorporated into the polymer as an integral part of the solid material. This applies whether the polymer is used as an adhesive, an elastomer or a surface coating. It has also been implied that polychlorinated biphenyls are "highly toxic" chemicals. This is not true. The toxicity of any material, whether it be chemicals, drugs, natural plants or even foods, is relative. Just like other Industrial chemicals and home products now in widespread .use, PCBs are not hazardous when properly handled and used. During more than 30 years of U.S. production and use, cases of any toxic effect have been extremely, rare -- and then only where the simple precautions recommended for use were not followed. To our knowledge, polychlorinated biphenyls are ' not sprayed or dusted on crops, woodlands or any other areas, as are pesticides. It is, therefore, not only puzzling, but extremely difficult to conceive how cocmercially produced PCB can show up in wildlife in the quantities reported. This raises a the question whether the substances Identified in the Swedish work, and new in California, are actually PCBs -- or whether they are compounds which, due to the metabolism ofther materials in the marine environment, appear to be PCBs, -more- MAE 053554 TOWOLDMONOQ51944  --4 o, / MONSANTO COMPANY / '' v. Unfortunately, even though techniques for analyzing tissue samples have become quite precise, the ability to analyze the possibl/e impact* of naturally occurring substances in the food /. cycle of .living organisms has not made comparable advances. / / Monsanto has a research program to Identify the compounds reported to be PCB by the Swedish and California scientists. We have always cooperated, on a regular basis, /. with federal, state and university laboratories in their analysis of chlorinated hydrocarbon residues. We will continue to do so. Additionally, Monsanto will continue to exercise the highest degree of control in its manufacturing, shipping and storing of PCB -- as we do with all products. The source of the marine life residue Identified as PCB is not yet known. It will take extensive research, on a worldwide basis, to confirm or deny these initial scientific conclusions. . -oOo- MAE 053535 TOWOLDMONOQ51945 DEPOSITION EXHIBIT - -*>. . Hoisuto -- (1 -' at. tools lurch 7, 1)11 > '' . . Sr. a. it xaiiy Cm: Arcelor sbt Is really boiling. Moots Tfcrodahl asked lunch with hilt today to give hia tbs background as to what the whole problem Is about. Ss said bs sight eall as Kendiy aorning to giro a IS ainota presentation to tbs Corporate Development Coaaittse. Bs thought that bs could probably answer questions that sight arias but * told as to bs prepared. Bill Aichard and Z wars at Calaadra's yesterday and tbs proposals froa-Joe on the various studies are to bs under taken posthaste, including the two-year chronica-in rats and dogs. Vs ara to have a sms ting, possibly before you return, of those involved here In St. Louis, Joe Calandra, sad one or two of his people, with perhaps as aaay as three consultants who era already retained by Monsanto ' for either Ag 01vieion or VXD projects. These include . eatoeoleglata and earyee specialists fro* tha Cniversity of ZlllaolS, Marquette, and possibly Barrard. ' Tha intent is to select seasons fro* tbs university who can serve as an ebjactiva spokesman on this whole problea and with contacts not intimately related to Monsanto or Industrial llo-Teat. . Z have aaelosed a copy of the final fern of the BA release that was developed last week. This has bean aaat to 21 Monsanto custaasrs ever ay signature. X was not asked aa to leather or not'X should sign such a ralease but gueaa that Bergen or Hlackla r decided that Z should. They had the latters typed and brought ever hare for signlag. u. *'>i. ** tsraa of "goals* or *ebjactives" Joe Ssff told as' . today that tha solid wastes bunch in Washington have been. caked to consider financing part of tha cost of our pro- - V*^?fv>7 posed combination stsaa bollsr/incinsrator fee plastic * * * wastes at Bert Blastics. Tha Cincinnati office of tha < * - ' . solid wastes program has already indicated t&dt they thought tbs project was worthy of 0. 3. financial support. ;' . - CONFIDENTIAL--SUBJECT TO PROTECTIVE ORDER ` * SCM OM270J PAR 0* 5*36 I to.*- TOWOLDMONOQ51946 ' 'vL-O*' tha saeond ltaa I hava contacted Lao Weaver aad ;_,v^ expect to e*t with hi* Monday *erjjing. *\ f* X fMii that'a all of tha iatpertut nave. Wa aura hope you ara an joyIn 9 your trip, which la Mr. Mixon'a taxma It a `verting trip,* not *caraealal." / , C~.A*U *jv/m one. v* * PRR 0*5*37 SCM 0*270* hm ** * *i TOWOLDMONOQ51947 SPECIALTY' MODIFIERS A EW IDEAS FOR THE CREATIVE SALESMAN TO: DATE: August 28, I969 SUBJECT: HOT MELT ADHESIVE FORMULATIONS We are indebted to .. Technical Service Department for supplying the attached formulations for hot melt adhesives. All contain an Aroclor Furthermore, in formulation 6-26F, Ethyl 702 is recommended at 0.5# as antioxidant. Santowhite Powder should be recommended as a re placement. Santowhite Powder is covered by the FDA to the same extent as Ethyl 702. A separate Plastlfacts will be Issued. /dbw Cumming Paton i;-;.. W82JUTHOJH U.SA DEFENDANT'S EXHIBIT lOiteL iL re* MAE 059911 cMUiMd biltbltWMiM * i fwwwdillxi t mu h Mf MOfttAffTO MAKCt MO WARAAKTItS AS TOTHC fITRtSS OR MCRCMAMTAKLITY ..Of AKT /toDUCTS KLFOUgCi TO. m >mmim mii*^<y tmmtu I*** tmu mpu> nmm Mmmim t mmc ckMmm ell iubiutj (< **r rwni^ (mi r ***#.*' TOWOLDMONOQ51948 June 24, 1968 FORMULA 6-3 . PRODUCT: Hoc Melt Adhesive -- Heat-Resistant Type TYPICAL USE: Sealing seams of multiwall bags to be scored at temperatures to 140F. ' FORMULA: ' Wt. 7. Material Supplier 12 32 20 0.20 36 Shellwax 700 (fully refined paraffin wax 185F melt point) Aroclor 5460 (chlorinated polyphenyl) Elvax 260 (E/VA copolymer) , Butylated hydroxytoluene (antioxidant) UNIREZ 915 (modified phenolic resin)Tr Ft I rr i Shell Chemical Co. Monsanto Chemical Co. E.I. duPont de Nemours Eastman Chemical Union Camp Corp. PROCEDURE: Melt wax iind Aroclor 5460 to about 350F. Add Elvax slowly and mix until all is dissolved. Stir in BHT. Then stir in UNIREZ 915 at about 400*F. ' PROPERTIES: Softening Point, Ring & Ball, *C Color, 251 in toluene at 70*C, ASTK D-1544 Brookfield Viscosity at 360*F Oven Peel Temperature * 192F (89*C) 9+ 4000 cps 142*F * Temperature at which kraft-krafc bond fails when loaded at 160 g/inch width. ^ 059911.01 1 ttalansants ksrtin ... ucuali It Iks kit / r kunMit. Hamtatr. in Iks h'i plant is aWir tandiUtna krtand r mint, mtiiliM wanklMi *rs Hki milkant wrt|r nr wnnUs / til kind. Satkiaf lantaimsd ksrtin nktU kr raaatmad ms m rattmmtadaUam la mat ant pradntt at prams tanJticL ' --it mftima nalsnis nawtrina ant malarial at its mat. . -. ". iZkaii. TOWOLDMONOQ51949 July 24, 1968 ' Formula 6-14 Product: Hot melt adhesive for furniture I Typical Use; Bonding vood-to-vood, vood-to-coreboard Formula: Wt. Material Supplier Code 10 Paraflint SH (Fischer-Tropsch wax) 13 Aroclor 125^ (chlorinated polyphenyl) 12 Aroclor 5^0 ( " ") 30 Elvax 150 (E/VA copolymer) 0.2 Butylated hydroxytoluene (antioxidant) 35 UNIREZ 9002 (modified phenolic resin) 1 2 2 3 h 5 Procedure: . Melt vax and Aroclor plasticizers to about 375*1'. Mix in 3HT. Add Elvax in small portions and mix until each is completely dissolved.. Stir in UNIREZ $002 while reducing temperature to about 350*^ Hold at 350F. until veil blended. Properties: Ring & Ball softening point - 228*F. Brookfield viscosity (Model LVT No. 3 spindle, 12 rpm) - 57OO cps. Color, 2550 in toluene at 70*C.., ASTM D1544. - 6+ . Oven peel temperature* ` - l60*F. Supplier Code: . 1 Moore & Hunger, Inc. ' 2 Monsanto Chemical Co. 3 E. I. duPont de Nemours & Co. 4 Eastman Chemical Products, .Inc. 5 Union Camp Corp., Chemical Division * Temperature at which kraft-to-kraft bond fails when loaded at 160 g/inch . bond vidth * MAE 059911.02 .1 f mi/nmmUt mmd tUUmjmU I *"* irwuii | 4k* k**4 mf wmr km* mU4p*. tfiiwnr, time* mppt$t*U*m in tk* 1u*r* pU*t i* mmd*r **mditUm* mmd* miii wnmn ff prnmrmmt** *f wy kimd. / miking tpmimimmi k*r*im *kmtl k* wi(rW mi * t*t*m*mrmi*(%*m t* mm* . ~"*tk ***?** --"rimj++1 mmUriml *r iU+*, *mr #trwL ***<*ti*m* *m4 pr*duei ** ptmmi reajVtrl I Tlw 11 rm.r TOWOLDMONOQ51950 January 3, 1968 PRODUCT: FORMULA 6-26F Hot Melt Adhesive for Polyolefin Film i-- TYPICAL USES: Po]yolefin-kraft, polyolefin-polyolefin adhesion. FORMULA: Wt. 7. 45 20 . ' 35 0.5 . Material UNIREZXR-8 (experimental resin) Aroclor 1254 (chlorinated poly- phenyl) Elvax 4320 (acid terpolymer) Ethyl 702 (antioxidant) ^ Supplier Union Camp Corp. Monsanto Chemical Co. E.I. duPont de Nemours Ethyl Corp. PROCEDURE; Blend XR-8 and Aroclor together at 300F and mix in antioxidant. Increase'temperature to 330F and add Elvax in small portion with good agitation. Allow each portion of Elvax to melt and blend in before adding the next. After all components are added, allow to mix at 350*F until hot melt i6 completely homogenous. PROPERTIES: Softening Point, Ring & Ball, *C - 69 Brookfield Viscosity (Model LVT, 03 spindle) - 3150 cps at 350*F 8800 cps at 300*F M&E 059911.03 r.ria.r.t m/ Hili.i.ti >. r unrab It IX. M pf or hiriiln. Www. a'ui ppp/ieth'tm IX. wr'i pUnt it rnm/tr rmmiilima trptmd tmr wUiW, tmpptttint nd malt miikmU wsm(v r #/v fa'ai Hiking fssUwW ktr*in sUU to **m*tnnd m ww>ww^iliu to m f pfluti sr pfsriM is *+fiitl * * i(A csiitfsf piiwiii sssm's# wfrtoJ r sis ss. f .... TOWOLDMONOQ51951 10/29/69 EXECUTIVE SUMMARY PCB POLLUTION COMPANY CONFIDENTIAL Jor.tamination of the environment with polychlorinated biphenyls (PCB) (Aroclor products). 1V.C3LEM DEFINITION AND TIMING: Professors Widmark and Jensen of the Institute of .uialytlcal Chemistry at Stockholm, Sweden, In November i960, announced and confirmed finding PCB In fish, birds, and eggs. Subsequent findings were made In 1967 In Great Britain. Problem was first presented in the U.S. by Professor Rlsebrough of the University of California in a published article in the San Francisco Cronicle in February, 1969. Monsanto confirmed the presence of PCB's in raid-1969 and confirmed the adequacy of work by Widmark and Jensen and others -- a worldwide ecological problem. CONFIRMATION OF FINDINGS: Analysis Indicates environmental presence of 5 and higher chlorinated biphenyls (similar to Aroclors 1254 and 1260). Other Aroclors may contribute, but have not been identified yet. In the last six months, PCB's have been reported present in waters in Lake Michigan, fish in Connecticut, seafood along the Gulf Coast, and waters outside Monsanto plants. SERIOUSNESS OF PROBLEM: 1. Fish - Marine or aquatic species concentrate PCB in the fatty tissue. Toxic in small quantities (down to 5 PPb) to sensitive marine life such as shrimp. 2. E-rds - Predatory species feeding on the marine ~i* aquatic life can further concentrate PCB to possible harmful effects. Specifically in birds, PC3 can effect the calcium metabolism leading to egg shell imperfections which prevents proper ; hatch of the young. MAE 023314 DEFENDANT'S ^EXHIBIT GtoikiL h^U/2 TOWOLDMONOQ51952 -2- j. Man - There is no harmful effect known to man or other mammals after 40-years of production. Studies are underway by various sources. 4. Political and Public Emotion - PCB's linked to DDT because PCB's show up in analyses for DDT. Linked with other permanent chlorinated hydro carbon pesticides. ' 7JSC? ON MONSANTO: Business potential at stake on a worldwide basis: Fluids Plasticizers Total/Year 70 M Lbs. 4 H Lbs. . !$16 H 6 R_ = $6-8 H GP 2-3 M OP ! 2 Legal responsibility. ; 104 M Lbs. $22 I? $8-11 H Gross Profit o. Public image. 4. Effect on other product areas. EFFECT ON CUSTOMERS AND ULTIMATE CONSUMERS: 1. " Affects entire electrical industry - capacitors and transformers. : 2. Affects food processing. 3. Affects die casters and other ''hot metal" working industries. k. Affects wide range of plastics and adhesive applications. 5. Affects wide range of paints and coatings. M. .'2CT ON OTHER PRODUCERS: T. -re are at leas-; six other producers of PCB's c msa. Monsanto has discussed problem with two i. iurope. No great concern there yet. MAE 023315 TOWOLDMONOQ51953 -3- SOURCES OF POLLUTION: Difficult to define, but Aroclor 1254 and 1260 are used in electrical devices, heat transfer, plastics, acnesives, coatings, and Industrial fluids. Other Aroclors contain minor percentages of 5 and 6 chlorine ring structures. Manufacturing plants also a vulnerable contributing factor, but less significant in Quantity than customer or end user loses. POSSIBLE CONTROL OP CONTAMINATION: - Electrical and heat transfer - possible to control with effort and reclamation. - Industrial fluids, plastics, coatings and adhesives - very difficult, if not Impossible to control. Substitute products needed. : ISANfO OUTSIDE STATEMENTS: : - Letter sent to electrical customers regarding problem. - Monsanto Public Relations statement attached. RDa;3ANT0 FUTURE ACTION: j. i:. usantation to CDC reviewing subject and future plan of action by November 17, 199* This will define a program to determine what is necessary in various product areas to meet the problem. ' 1 Research and Engineering needed and cost. 2. Plant and customer "clean-up and control" required and cost. 3. Blodegradabllity of Aroclors. HAE 023316 TOWOLDMONOQ51954 -4Toxicity studies. j. Alternative routes. 6. Recommended approach. 7. Appropriation request to cover capital and expenses required. MAE 023317 TOWOLDMONOQ51955 ATEMiX? FkAM: Is SAX'.'0 COMPANY ST . LOUIS, MO. Occ. 27, 1969 Late in February, 1969, a West Coast newspaper carried a major feature about "a menacing new pollutant" t: found in the San Francisco Bay area. The article was based on marine life research carried out; by Dr. Robert Risebrough of the University of California. The article stated that residues of pesticides (DDT and DDE) and polychlorinated biphenyl (PCB) were threatening the welfare of certain birds and posed a long-term threat to humans. i Monsanto manufactures polychlorinated biphenyl and markets it under our Aroclor trade name. (There are other i i manufacturers in Europe and Japan.)| We, therefore, would like to present some additional facts. The work done by Dr. Risebrough dates back to earlier research by other scientists who, while analyzing pesticide residues in wildlife, soil and water, encountered unknown or "interfering" substances in the parts-per-million runje. -more- MAE 023318 TOWOLDMONOQ51956 --2 MONSANTO COMPANY Several years ago, two Swedish sciencists ac Stockholm University's Institution of Analytical Chemistry, Professor Gunnar Widmark and Soren Jensen, reported they had identified these other substances. They said some of the materials were polychlorinated biphenyl or PCB. Since PC3s are not "broadcast" or spread around the land as are pesticides, the scientists theorized that the source must be the industrial wastes of PCB users. In addition to the work of Dr. Risebrough and the Swedish scientists, there have been other studies which indicate the presence of PCBs in the environment. Monsanto is concerned over Che situation and is cooperating fully with these studies. The common uses of commercial PCB would not normally lead to its release into the natural environment. A principal market for PCB is in electrical applications where they are used as insulating fluids for transformers and capacitors. In this use, the chemical is completely sealed in metal containers. Another market is 'or heat-transfer applications, where the PCB fluid functions in a closed system. -more- MAE 023319 TOWOLDMONOQ51957 --3 MONSANTO COMPANY ?C3s are also used in several applications where w.'.j chemical is incorporated into a polymer as an integral par: or the solid material. Such.polymers are used in highly i special ..1 applications as an adhesive, elastomer or surface coating. : Polychlorinated biphenyls are not sprayed or dusted 1 on crops, woodlands or any other areas, as are pesticides. To i, r our knowledge, they are not used in tires, house paints, i household products, epoxy resins or major vinyl plastics, as has been charged. j i Therefore, conclusions as to the source of PCB found i i in the environment are difficult to make. Some qualified "i scientists, using the latest laboratory equipment, have correctly i identified the substances as being PCB. However, most scientists i are not yet willing to indict commercially produced PCB as a pollutant. ' I. I It has also been implied that polychlorinated biphenyls are "highly toxic" chemicals. This is not true. Just like other industrial chemicals and home products now in widespread use, PCBs are not hazardous when properly handled and used. During more i i :kan 30 years of U.S. production and use, cases of any toxic effect i have beer, extremely rare -- and then only where the simple precautions recommended for use were not followed. -more- ' * MAE 023320 -I TOWOLDMONOQ51958 MONSANTO COMPANY Monsanto has research programs under way to identify t.\c compounds > reported to be PCB, and locate their source. The programs involve precise analysis of;environmental samples of wvcor ar.d soil. Also under way are studies to determine the t bic-ogical affects of deliberate dosage of PCBs on fish, birds cr.c mammalian animals. Special emphasis is being paid to ' Ii endocrinological effects, mineral metabolism and reproduction ii physiology, i w.:y. > Some preliminary biodegradibility studies are under j Further studies to clearly demonstrate this phenomenon -rccontemplated. } j I Very early results of chronic toxicity studies confirm chac PCBs are not highly toxic. In 90-day studies on rats and ou.ur normal laboratory species, there have been no adverse ! affects when feedings of up to 100 parts-per-million were administered. i j *i Monsanto has always cooperated on a regular basis t /ith federal, state and university laboratories in their analysis of chlorinated hydrocarbon residues. We will continue to do so. i Additionally, Monsanto will continue to exercise the highest dc^:.*_a of control in its manufacturing, shipping and storing ,, * :i .'.'.B -- f.i wa do with all products. ! In the functional fluius I ..a.t^ct, wo have carried out a program for several years for chc vcctarnation of used PCBs to reuse these valuable materials. -more- MAE 023321 TOWOLDMONOQ51959 MONSANTO COMPANY The source of the marine life residue identified PC3 is not yet known. It will take extensive research * worldwide basis, to confirm or deny these initial iintific conclusions. ' IV/b 0O0- lII \ i1l I i i MAE 023322 TOWOLDMONOQ51960 PRESENTATION TO FIELD SALES PERSONAL AND CONFIDENTIAL 1. Introduction As moot of you are aware, there have been several newDpaper and magazine articles published in the U. S. in 1969 indi cating that polychlorinated biphenyls (PCBs) have been discovered in some marine, aquatic and wildlife environ ments. The quantities detected are said to be in the parts per million or parts per billion category. It is claimed that the PCBs found strongly resemble chlor inated biphenyls containing 54# and 60# chlorine by weight. As you Know, Monsanto sells such products under the trade names of Aroclor 1234 and 1260. 2. Letter to Monsanto's Aroclor Customers As a result of this publicity and because Monsanto's name has been mentioned in at least one of the articles, it was felt that'Monsanto as a responsible member of the business community hud duty to alert Its Aroclor customers to a potential problem of environmental contamination. In so alerting our customers, lot me emphasize Dial, this 'docs NOT mean that wc arc agreeing with the contents of any TOWOLDMONOQ51961 o) ` -2- * '# published articles on PCBs, nor are we necessarily disagreeing with the articles. It does not mean that we accept that Aroclor 125*1 and 1260 have caused any environmental problems. We are merely fulfilling what we consider to be our moral and our legal responsibility to our customers. When you consider the present public concern with pollution and the environment (witness Newsweek's recent article headlined "The Ravaged Environment"), I think you would agree that it would be foolish and imprudent to ignore the PCB articles. But let me repeat that notification to our customers does not-imply guilt on the part of Monsanto. Accordingly, a letter has been cleared by our Legal Department for mailing to each one of our direct Monsanto customers. This letter goes to Plasticiser customers only. A very similar letter will be mailed by the Functional Fluids Croup to thoir customers. The letters will be mailed from St. Louis about the end n" February. It will be addressed to: Office of the President XY/2 Company Accounts lU.eclvaMo Address MAE 033476 TOWOLDMONOQ51962 ) The Plasticizer letter will be signed by W. E. Schalk. A copy of this letter, together with a cover letter, will be mailed to the head office of each of our Aroclor dis tributors. The cover letter will indicate the action Monsanto is taking with regard to its direct Aroclor oustomers. We will recommend that our distributors mail a similar letter promptly to each of their Aroclor i customer;;. Copies of our letter will be made available I. to our distributors in quantities sufficient to meet their needs. It is not our responsibility to alert our distributors' customers. To explain the action to our f distributors we have visited the head offices of Central Solvents and American Mineral Spirits. Let me summarize what Monsanto's letter says: 1) Its primary function is to alert customero to a potential environmental pollution problem. Con fidentially, our Legal Department believes thli: will minimize and, hopefully, eliminate claim:-: made against us ror environmental pollution damage. 2) It docs not imply quilt by Monsanto. At thin time, MAE 033477 TOWOLDMONOQ51963 (.) . -H- we are taking a neutral stand on the controversy. There are real problems of analytical Identification of PCBs, how accurate the levels observed are, how PCBs affect marine, aquatic and wildlife environments over the long-term. We have active programs in all these areas to better define the problem but a lot of work needs to*be done before definite scientific conclusions can be drown. 3) It points out that not all Aroclors are PCB3. This is an Important distinction. Don't call the PCD pro blem the Aroclor problem. We sell Aroclors such as 5060, 5442 and 5460 which are WOT PCBs. They, there fore, should not be regarded as potential environmental contaminants. 4) Furthermore, it says that not all PCBs appear to be potential contaminants. Aroclors 1221, 1232, 124? und 1240 have NOT been found In the environment. Neither have Aroclors 1262 and 1260. Wc can only theorist- nu to why this should be. At thin stage, we prefer not to Indulge in theories. The salient MAE 033478 TOWOLDMONOQ51964 > ') -5- a i point is that since they have not been found - in ' spite of intensive investigations by scientists both here and abroad - indicates that they are not per sistent contaminants and, therefore, do not pose a long-term threat to the environment. 5) By including a copy of the Federal Water Pollution .i Standards established for all states of the Union, we are pointing out that care will be needed in t preventing environmental contamination from other raw materials and products not Just Aroclor 12p4 and 1260. We feel this Chemical Week reprint will' be useful information for many of our smaller customers. Customer Reaction We expect this letter will lead to customer rejection. Our competitors r.re sure to learn of it and some cl' them may even be kind enough to capitalize on it or at least try to. We can't anticipate all the ways in which our customer:; . MAE 0334.79 TOWOLDMONOQ51965 l) ) -s~ l react. Remember this letter la going to the "Office of i the President" so it may get down to his subordinates in a variety of different ways leading to a variety of re actions. Why send it to. the Office of the President? Because our Legal Department feels in this way we have really notified a company officially of the potential problem. If there is any legal litigation later, the courts might feel that sending the letter to Joe Doe, Plant Purchasing Agent, was not legal notification because Joe Doe may not be an officer of the company. So we must be prepared to expect hearing from customer employees we've never met nor heard of before. They may call anyone in the district office, many are likely to call Mr. Schalk, some may call executives all over the St. Louis campus. Let us conc.crn ourselves with what happens when a customer calls your regional offices about the letter or raises the matter during a sales call. For your guidances, wo'vc prepared some aide: MAE 033480 TOWOLDMONOQ51966 1.> -7(1) A list of DOs and DON'Tc fox' Regional Managers. (2) A list of "likely" customer questions together with answers approved by Jim Sprlnggate and our Legal Department. i j ! MAE 033481 TOWOLDMONOQ51967 Decreased Sales Beware of decreased sales to any account after the . letter is sent out. If you suspect this, your plan of attack could be: Monsanto: Customer: "I see your purchases of Aroclor XYZ are down. I hope it doesn't mean your business is having a tough spellH ' I i "No, business is O.K. but it's that so-and-so letter you sent". ' Moncrntot "Does this mean you've switched to a re- placement for XYZ?" Customer: "Yes". Monsanto: Probe to find what it is. Is it Inferior to Aroclor. Is it really not a contaminant too. Point out our range of products. Use Monr.onl.M bullctinc/r.luc Book to get him to evaluate one of our products. OH CnM.oim r: "Mo lut I'm living off inventory till my bo./:'- c/iii get a replacement" . MAE 033482 TOWOLDMONOQ51968 Monsanto: Competition; "Let me help you with some suggestions If I can. In the Blue Book here, we oover over eighty possible products--", .a Remember that Aroclor plasticizers are outstanding products. They are inert, oxidatively and chemically stable, give good adhesion in adhesives, sealants and coatings, moisture resistant, give low vapor transmission in coatings. In other words, they are used because of PERFORMai.'CL*. Competitors will suggest chlorinated paraffins but they are not so good. Every salesman who has gone through the Training School in the* past year - and over 90# have - have been givc:i the advantages of Aroclor over chlorinated paraffins. Use it if you have to. You :njghi. ask the customer: "How sure are you that chlorinated paraffine arc not onvlronw.n'i-'l contaminants. What proof do you have". Blunt the competitive attacks by got tin,-, them to bo defensive. HAE 0334*3 TOWOLDMONOQ51969 ) -10- .. Future s If the customer is going to evaluate replacements, make sure he gets samples of plenty of our standard plasticizers. There may be some panicky reaction to start with. Your Job will be to calm it down. To do that, you have to be confident Our Aroelor sales have increased every year for ten years - in boom or recession. We want 1970 to be no different. Let's not enter a new decade with a down-turn. MAE 033484 TOWOLDMONOQ51970 EXHIBIT NO. /Hf~97 hNi. IK^UllhNl/C^AAIITTIIOS * 1 POSSIBLE CUSTOMER QUESTIONS ON PCBs PUBLICITY Question 1 What articles have appeared on the PCB problem? Will you send me copies? ' Answer: In the U.S., newspaper articles have appeared in the San Francisco Chronicle on Feb. 24, 1969, the San Francisco Examiner on Feb. 25, 1969, and the Hartford Times on Auir. 3, 1969. Numerous articles were generated by the Wisconsin "DDT Hearings" in May, 1969. At the hearings, witnesses discussed the problem of PCBs as "interfering substances" in their search for DDT in the environment. PCBs, they said, produced peaks on a gas chromatograph similar to the peaks produced by DDT. In no case was PCB indicted at the. Wisconsin hearings. Copies of the articles will be made available on request. Regional managers should contact E. V. John, Public Relations Manager Organic Chemicals Division, in St. Louis and copies will be for` warded to the customer through the regional manager's office. In addition to the newspaper articles mentioned above, there have been radio broadcasts. At the lime of the San Francisco Chronicle and Examiner articles, radios in tho San Francisco area also carried the story. In August, the sports editor pf the Hartford Times syndicated a radio broadcast on the subject of PCBs, and in Dec., 1969, the Canadian Broadcasting Co. (radio) carried an interview they taped with a member of our me dical department. Question 2 Were Monsnato's Aroclors specifically mentioned in these articles? If so, which ones? . / MAE 034803 TOWOLDMONOQ51971 Answer ' Monsanto's Aroclors were mentioned in some of the articles but only in the San Francisco Chronicle story in Feb. , 1969, was Aroclor 1262 specifically mentioned by number. In several of the articles, Monsanto was also identified a6 the sole U.S. producer of polychlorinated biphenyls, marketed under the tradename of Aroclor. * ~ ` Question 3 What did the articles on the PCB problem say? Answer Since the outset of the "PCI3 problem", when the first article appeared in the U.S. press in Feb., 1969, the whole question has been closely interwoven with the question of DDT a6 a possible environmental contaminant. The San Francisco Chronicle article carried a headline, "A Menacing New Pollutant." In rather sensational style, it identified PCB as a threat to birds and humans, highly toxic in a gaseous state and related to known cancer-causers. PCB presence in the environment is rising swiftly, the article stated. The Examiner article called PCB a "plastic pollutant in the Bay and Mothers' Milk." This article called PCB an "alarming" new chemical pollutant that is playing a role in the declining peregrine falcon population, has U.en found in mothers' milk, and is the "latest addition to a growing list of chemicals in the ocean---- the newest symptom of man's chemical invasion of the ocean. " These two articles quoted Dr. Robert Riscbrough, a researcher at the Institute of Marine Resources in the University of California's Department of Nutritional Scientists, on the detrimental effects of PCBs. Later Dr. Riscbrough said he had been misquoted in some newspaper stories. The Hartford Times story called PCB pollution a "new puzzle." Less sensational than the.San Francisco articles, the Times gave an account of PCBs being found in the environment and the studies under way to determine their biological effects. This article, says Dr. Risel^ough, tcnd to clear PCB of blame. MAE 034604 TOWOLDMONOQ51972 1 3 Articles generated by the Wisconsin DDT hearings generally discussed PCB as an interfering substance discovered in scientists' search for DDT in the environment. Dr. Bisebrough said at the hearings that there Was no proof at the morrxeni that PCB alone can cause thin eggshells, one of the phenomenon that he had discovered in studying the declining population of the peregrine falcon. LEGISLATION Question 1 . Are there any Fcdcral/Statc/local laws under which the use or discharge of Aroclors could be prohibited? Answer; . No existing Federal, State, or local laws prohibit the discharge of Aroclors, However, in a number of states the basic water pollution control legislation is so broad that state agencies can prohibit chemicals, deemed necessary, from being discharged. Question 2 : Is the DDT and the PCB problem related? Answer; We are not a manufacturer of DDT or other chlorinated hydrocarbon pesticide and, therefore, have no Knowledge of the seriousness of the charges against DDT other than wh&t has been so widely publicized on TV, in the press and in technical journals. To the extent that both DDT and PCB are chlorinated hydrocarbons, then there is a similarity. They are sufficiently different in their chemical structures , however, that it would be entirely wrong to assume that both behave in the same way in the environment. There is another and more obvious difference. DDT and other chlorinated hydrocarbon pesticides . were specifically designed for a job that obviously leads to their being scattered in wide spread fashion across the countryside. Bain, birds, wind, insects further scatter these pesticides in an uncontrollable manner. PCBs are not used in this fashion and / MAE 034805 TOWOLDMONOQ51973 4 Monsanto has never sought to promote this. This, we believe, is an important distinction that should not be overlooked if DDT and PCB are linked as a common pollutant of the environment. To our knowledge PCBs have never been identified in the absence of DDT or other chlorinated hydrocarbon pesticides. i. -- - Question 3 Could it be PCB that's causing the environmental problems and not DDT? Answe r: We believe that present-day GLC and mass spectrometric techniques are sufficiently accurate to be able to differentiate between DDT, related pesticides, their metabolites and PCB. Question 4 What authority do State and local governments have in banning/ controlling the use of PCBs. An awe r: . They do have authority to ban or control use of any substances they consider harmful. EFFLUENT AND ITS CONTROL Question 1 How do 1 dispose of Aroclor 1254/1260, etc. effluent from my pl^t? Answer: We would suggest collecting all process effluent, equipment washings, tank or drum washings and then regularly taking to the nearest toxic materials dump. You may also be able to use a sanitary land fill if permits arc issued for this in your locality. We don't recommend feeding this material to local sewage treatment plants or taking out to sea in drums for dumping. These methods do not MAE 034806 TOWOLDMONOQ51974 5 solve the problem of contamination. We are working on the disposal of these materials by incineration and biodegradation. Our work in these areas has not yet reached the stage where we can offer practical suggestions. It is of interest to note, however, that research is underway fo find catalysts to make , DDT self-destructive. The possibility exists that we could ' find catalysts that would destroy PCBs in settling tanks con structed to catch all your effluents. Question 2 Can I test my effluent to see if my effluent has no Aroclor 1254, . etc. ? . . . Answer: Yes. Analytical equipment is available that can do this if tho proper technique is used. The basis of the method is GLC or gas liquid chromatography. Are you or anyone in your company familiar with this ? Do you have GLC equipment? If you do, we can send you a description of ` a method that could identify PCB. If not, there may be a good analytical testing laboratory in the vicinity where you could send samples and rely on the results if you want to test your effluent.. Question 3 What is a "safe" PCB level for effluent leaving my plant? Answer: As our letter points out, parts per million (ppm) and parts per billion (ppb) have been mentioned in the published articles. There is still a lot of doubt as to how absolute any quoted values are. To bring this into the realms of reality, this definition of ppm and ppb may help clarify things. To give you a practical example, the escape of one-two gallons per day could lead to -samples in a stream beside the plant showing 10-50 ppb on analysis. MAE 034807 TOWOLDMONOQ51975 c Question 4 You must have quite a control problem at your plants--! would think Monsanto's Aroclor plants are the major polluters-how`are you handling control? Answer; A-- - The Aroclor products we make to sell at a profit, so economics dictate maximum housekeeping, minimum loses. The Aroclor process is a "dry process" or closed system. Question 5 N How doc* Monsanto think Aroclors can got into the environment and cause so much pollution? Answer: Disposal, leakage from systems using it, spills, etc.' Question 6 If 1 analyse my effluent stream and find ppb there, how do 1 know it didn't come from air-borne contamination or was present in the process water that I pump from the XYZ river into my plant? Answer:" . Analyse water entering your plant and compare. There is a method available for sampling air. Que stion 7 You seem to think from the tone of your letter that the source of pollution is from effluent disposal into streams. In my process, Aroclor 1254, 1260, etc. vapors escape. What pre cautions can 1 take to prevent (a) employee problems and (b) escape of vapors into the atmosphere ? MAE 034808 TOWOLDMONOQ51976 7 Answer (7): - ' Articles on PCB interference with pesticides analysis have mentioned the possibility of loss to the atmosphere from vaporization when Aroclors are heated. We find this hard to believe and it warrants considerable investigation. <-- - TOXICITY Question 1 If PCB is a danger to fish and birds, how about humans? Answer; The amounts being found in the environment are not considered a danger to humans or fish. The whole question on chlorinated pesticides relates to birds. Question 2 Are Aroclor 1254/1260, etc. more toxic than other Aroclors? Why? . Answer: ' There is a difference in toxicity depending on degree of chlorination. This is not to say that higher chlorination is more toxic than lower chlorination. The alleged PCB problem is not really related to degreo of toxicity. DIFFERENCES BETWEEN AROCLORS Question 1* ' In your letter, you state that Aroclor 5060,v 5442 and 5460 arc not PCBs. What are they? Answer: . They are chlorinated tcrphenyls. / MAE 034809 - / TOWOLDMONOQ51977 1 / e Question 2* What'* the difference between a chlorinated biphenyl and a terphenyl? Answer: 1" ' A terphenyl has three benzenes linked together and biphenyl only two. They are, therefore, similar but different, just as naphthalene is different from benzene. Question 3 Why should PCB be an environmental contaminant and chlorinated terphenyls not? Answer: I don't think there is any positive answer on this and 1 can't give you any theories. However, I would emphasize that not all PCBs appear to be contaminants. Those such as Aroclor 1221, 1232, and 1242 haven't been Identified in marine, aquatic and wildlife environments. Chlorinated terphenyls - at least those made by Monsanto-- have not been identified in the environment either. Question 4 Since you sell other PCBs beside Aroclor 1254 and 1260, . why arc they not found in the environment? . Answer: One reason could be that they biodegrade and hence never build up to a level where they can be labelled persistent contaminants. Therefore, although you would find it in an effluent stream if you analyzed it just after you poured PCB into it, its absence when a river, for example, is analyzed downstream at a later date would indicate degradation by bacterial organisms. We are actively working on this aspect of biodegradability in our laboratories at this time. Results of this type of work won't come to hand quickly but our preliminary work on PCBs of less than 54% chlorine looks promising. I t MAE 034810 fl TOWOLDMONOQ51978 0 Question 5 In your letter, you make no mention of Aroclor 1262 and 1268. What is their status? ' Answer; *" ' It could be that their semi-solid/solid water insoluble nature means they are far, far less likely to become "mobile" contaminants. It could be that their structural differences from Aroclor 1254 and 1260 are responsible for the apparent lack of a problem. In any event, they have not been identified by scientists in the environment and--believc me-- a lot of scientists seem to be looking for PCBs. Que stion 6 Both Aroclor 5460 and 1260 contain 60% chlorine. Why is one a problem (1260) and apparently not the other (5460}? Answer; A.terphenyl has three benienes linked together and biphenyl only two. They are, therefore, similar buv different, just as ' naphthalene is different from benaene. 1 would emphasise that not all PCBs appear to be contaminants. Those such as Aroclor 1221, 1232, and 1342 haven't been . identified in marine, aquatic and wildlife environments. Chlorinated terphenyls--at least those made by Monsanto-havo not been identified in the environment either. Question 7 *' Does this PCB problem mean that you have discontinued efforts to get Aroclor 5460 approved by FDA? Answer: No. HAE 034811 TOWOLDMONOQ51979 10 Question Sv . la the reason for not resubmitting your petition to the FDA lor approval o Aroclor 5460 due to this PCB publicity? Answer: * No. Question 9 What's the problem then? Answer: We are bringing a new solid Aroclor plant on-stream in the next two-threo months. We want to make sure it produces the same quality Aroclor 5460 we used in our feeding ' studies lor the FDA. Once we're sure that's O. K.-- and we feel it will be--then we'll get the petition moving again but FDA clearances do take time. / Question 10 t ' Does this PCB publicity mean that FDA approval of Aroclor 5460 is not going to be obtained? Answer: Ws have no reason to think the two things are related. Aroclor 5460 is not chemically a PCB. The delay resulted from the need to set up certain analytical methods to satisfy FDA. This involved analytical instrumentation and is being completed now. 7 It is my understanding we plan to resubmit our petition although W. j personally don't know the exact date. CONTAINERS Question 1 Joe Doe buys all my used Aroclor drums without me having to wash them. I get $3. 00 a piece. 1 can't afford_to wash them out. Even if 1 did. what would 1 do with the washings? MAE 03A812 TOWOLDMONOQ51980 (Question 1 con't) What should 1 do? Should I tell Joe Doc? Will Monsanto take them back or pay me $3.00 plus my costs to take them to a dump ? Answer: *,, Don't have an answer at this time. We just don't know. APPLICATIONS . Question 1* Could Aroclor 1254/1260 escape from my sealant/adhesive/ coating whatever into the environment? Answer: This will depend entirely on the final use to which your product is used--its ultimate disposition. . Question 2* . My product X contains Aroclor 1254/1260. What shouldJ[ tell my customers ? . Answer: - Tell your customer--Wo want to advise you of a possible environ mental problem. Without knowing what your customer docs with product X, this is hard to answer. (We would say that it would not seem wise to use Aroclor 1254 or 1260 for keeping dust down on the roads, for use in dental sealing compounds ^je. or as carriers for pesticides. )* *Only if you suspect or are told this is " what the application is. Question 3 Does Monsanto intend to continue manufacture of Aroclor 1254/ 1260, etc. ? . MAE 034813 i TOWOLDMONOQ51981 1 Answer (1): 12 2 have been given no indication otherwise. Question 4* ' a-- - Should 1 look for replacement for Aroclor 1254/1260," et'e. ? Answer! ' 1 think only you can decido this. How oasy would this bo for you? I>o you have any other replacement product in mind ? Question 5* . Does Monsanto have replacement products for Aroclor 1254 and 1260? Answer; As you know, we have over eighty plasticizers in our line and there's quite a bit of product interplay so it is possible that there is another product in our line that might replace them. What resin do you use? Perhaps we could lpok at these re sin/plasticiaer Selector Charts in the back of'the Blue Book. I've got it with me. Question 6* Is Monsanto working on replacements for Aroclor 1254 and 1260? Answer; ' * *These research fellows are always busy on things like that. some people Aroclor 1254 and 1260 havo draw-backs- ~ - quite apart from present publicity on PCD. Aroclor 1254 is fairly volatile. Aroclor 1260 is very viscous and difficult to handle. For polysulfido sealants, for example, the technical people in St. Louis have .just sent us data on products that will behave better than Aroclor 1254 in polysulfide sealants. Maybe there's something here for you to look at. Let's go over it. HAE 034814 i L TOWOLDMONOQ51982 Monsanto |U H ** Jt 4 1 | < M< ( TO . Camming Paton - General Offices PC April 3, 1970 AROCLOR BULLETIN 0/PL-306 D. H. Bechtold - Chicago R. N. Brell - Wilmington J. Jl. Brydon - Montreal G. Chew - Hong Kong E. H. Fording - New York J. D. Fowler - Melbourne R. V. Johnson - RJOHN J, J. McNamara - Everett R. A. Onians - Brussels G. W. Sperberg - GSPER E. C. Wilde - Akron M. W. Farrar - JFQ Research R. G. Hutchison - RHUTC E. V. John - RJOHN Dr. R. E. Kelly - RKELL W. B. Papageorge - V/PAPA Phocion S. Park - PPARK W. E. Schalk - WSCHA J. E. Smith - JSMIT J. E. Springgate - JSPRI W. F. Waychoff J. D. Wright - JWR1G PERSONAL AND CONFIDENTIAL \'V\ s <> ,s u have asked about the availability of Bulletin which covers all Aroclors and all applications, been out of print for some time. For your information only; O/PL-306 must be drastically revised in the light of the letter on PCBs that we have sent to Aroclor customers in the U. S. and plan to send to U. K. and Canadian customers. As you know, we have programs underway to solve the pro blems the PCB situation poses for our Aroclor business. We are co-operating with the scientists and public agencies who have interests in the PCB situation. It would appear inconsistent from an image stand-point that at the time we are promising (in all sincerity let me emphasize) support to scientists/agencies we publish a NEW bulletin promoting PCBs. The lack, of O/PL-306 should~HPT inhibit your sales or your efforts. Salesmen who have *.een through the training school were given hand-outs on Aroclors. Many Specialists have been issued and 0/PL-311A is available. We plan to issue a much-condensed bulletin giving the physical properties of the various Aroclors without reference to applications. MAE 0599*6 TOWOLDMONOQ51983 For customers information: Send them 0/PL-311A (later you will have a physical properties pamphlet). On 0/PL-306, the .line should be this. This bulletin is long out of date. Mere reprinting we feel would be misleading. We have various application research pro grams underway in hot melts, sealants and coatings involving Aroclors. We want to get the data and then publish it later. We feel this approach will be much more accurate and useful for our customers. /dbw Cummlng Paton we ^ TOWOLDMONOQ51984 1. HEADING INFORMATION hi 2. NAMES OF AOORESSEES if 3. NAMES OF CARBONEES 4. IMMEDIATE ACTION NEEDED 5. REPORT ON CALL CATE Of CAl CltY AND SU1E ---- .^Construction Product Division OAlt RECEIVEO 4/22/7 oaic trno 4/23/70 4/23/ CUSTOMER MAILING LIST CHANGES - SERVICE CENTER USE ONLY 1 NAME AND HUE Pount TOaFTFc Ml* MAG. CATEGORY COOd REPORT CAPTIONS: 1. OBJECTIVE 2. PERSONS CONTACTED 3. RESULTS 4. ACTION REQUIRED ' REGION Chicago SERVICE CENTER Chicago 4 SALESMAN L. Berlilc/saa TO D.H. Bechtold - Chicago Contacted:- P.A._______________________________________ ______________ Objectives: 1) Introduce LJB to account, ~ 2} Identify reasons" for below budget purchases ot Arociors. _Results i___________________________________________________________________________________________ New competition for Arociors:reported that , is currently in " the final stages of evaluating a new product which would replace the Aro- clors in their caulKing compounds. He described this product as a re processed material which was recovered from the manufacturer or another product* He would not reveal the nature of this new product nor the sup ' plier but did say that the material was 4-5?! cheaper/lb "than Arociors. lie indicated thathas not definitely decided to switch over to this ' material at the present time. However,"evaluations-indicate that it-does the same .lob as the Aroclor at a much lower price. ATTN: Cumining Paton Have you heard anything about such a product and do /"we have any ammunition to fight it with? * attributed declining purchases ot Aroclor to partial switchovers to this new material and also to the seasonality of their production. He in dicated that'there was nothing Monsanto could do short of cutting the price on Arociors to prevent lt!s possible replacement by this new ma terial. Recommended Action: Our loss of rapport at this account was a definite handioap in gaining more information,ab..o...u..t....t..h..f.e new produc` t.^ men- tioned that he had been called on by Monsanto about four times in the jf iwst five years11. Hopefully, this rapport can be reestablished during the next few months and gain more information about this new competition. Any guidance which can be provided from St. Louis on this matter would be greatly appreciated. t.JJI 1MV. U/MI defendants QaEL^exhibit. 1 _ CENTRAL OFFICE COPY MAE 059952 TOWOLDMONOQ51985 Monsanto Moncnnto Coni|>iw BOO N LmdhorgH OnulAvtrU St Louit. Mi?our> 63IUB Phono OM) fl!M -I0O0 August 14, 1970 VROAHtC CHlM'CALS O/VJ.'CW Dear Sir: You have received our letters of February 27< 1970 and June 1, 1970 covering Monsanto's withdrawal of poly chlorinated biphenyls (PCBs) from the market. The February 27 letter reviewed some of the potential hazards of PCBb and of environmental polution In general. The June 1 letter announced that we were withdrawing all poly chlorinated biphenyls used as plasticizers or modifiers from the market, and that the last shipment of these materials would be made August 30, 1970. In as much as you may have some inventory of these materials which you might be planning to use during the period in which you change over to other products, we felt it impera tive to inform you of the latest information concerning PCBs. It was recently brought to our attention that the Food and Drug Administration has apparently established guidelines setting forth suggested maximum levels of PCBs allowable in certain foods. These levels, as we understand them, are 5 parts per million in fish and 0.2 parts per million in milk. Monsanto, therefore, strongly recommends that PCBs not be used in applications which could lead, either directly or Indirectly, to the contamination of food and water supplies for humans or animals. Examples of appli cations which would seem particularly hazardous would be coatings for water treatment facilities, coatings for food handling equipment, or coatings fox' such farm items as silos and feed hoppers. MAE 054468 TOWOLDMONOQ51986 -2- It has recently come to our attention that PCBs have been found In cows milk. This adds emphaals to Monsanto's re commendation that PCBs not be used In any application where they might come in contact with or otherwise contaminate food, silage, water supplies, etc. The latest available bulletin on our line of Aroclors is enclosed for your use. This publication replaces and supercedes bulletin 0/PL-306 - Aroclor Plasticizers. The only products listed which will be sold after August 31, 1970 are 1) Aroclor 1221, a monochlorinated biphenyl which is readily biodegradable, and 2) Aroclors 5442 and 5460, both chlorinated terphenyls which have not shown themselves to be environmental contaminants. Please pay special atten tion to the section of this bulletin which relates to environmental hazards. In addition to the products listed above which will remain on the market, Monsanto will sell a series of blends of Aroclor 1221 and Aroclor 5460 which will replace the poly chlorinated biphenyls for many applications. During this withdrawal of PCBs from the market, Monsanto has had in effect a modified returned goods policy stating that unopened containers leso than one year old could be returned for full credit through July 31, 1970. Prom August 1 through August 31, 1970, 90 percent credit would be allowed. Prom September.1 through December 31 1970, 50 percent credit would be allowed. The customer will pay all return freight. All of the dates in the time schedule for this returned goods policy are hereby extended an additional two months. Monsanto realizes that the removal of these products from the market has caused a great deal of concern and expense for our customers. This is certainly regrettable. However, it appears to us that as a responsible supplier, this Is the only reasonable course of action. We stand ready to assist you as we can with your reformulation work. /dbw Director of Sales Planticizers MAE 054469 TOWOLDMONOQ51987 TECHNICAL UUILETIN | AROCLOR* ! PLASTICIZERS 1 i A series of inert, chomioally-resistant, fire-retarding j plasticizers compatible with wide variety of resins, t ' TECHNICAL OULLETIN 0/PL-306A l i [ ii I Monsanto I DEFEN DANT'Sn g IBIT 11 Is [ills W TSA MAE 054470 TOWOLDMONOQ51988 AROCLOFT PLASTICIZERS A series of inert, dremieally-rosistant, fire-retarding plasticizets compatible with wide variety of resins. TECHNICAL BULLETIN 0/PL-306A CAUTION: left Action* entitled Toxicity and Safe Handling, and Environniontnl I latterdi. on paga 12. "M--teialnn tUntlia< >v dal** K a*y tm*A** mm> IK, pataarf WtMSANIft Mt t mt AUANttIV *>S Ml IM III* SI 0* M ftlNAMIMH ITT <M ANi rtLMuCH till I* III m at <avrt' !** rrM *a*a M -- inaiMtiar, *4 tewlewn lttfcriy to Mf <ttli* " Chemieib DivUiun/100 N. Blvd./St. Mtiifttfri C3I66 MAE 054471 TOWOLDMONOQ51989 Introduction Solubility The unique Aroclor'1 plasticizers arc among llie most versatile chemi cally produced materials available. One outstanding characterisin' -incrtticss -- makes Arcelor useful in many ways for many dilTcrcnl applications. The major benefits olTmed l>y Aroclor include: Chemical Resistance Fire Ketardance Compatibility with most resins Nonoxidalior# Adhesivily Jxnv Cost Monsiinlo's Aroclor plasticizers comprise a series of chlorinated bi phenyls and chlorinated polyphcnyls. They vary from mobile, oily liquids to white crystals and hard, transparent resins. Twelve of the Aroclor plaslirizcKK, each of which represents a series, are discussed in this bulletin. An understanding of the system for designation of each Aroclor shoukf prove useful in the evaluation of the property gradations among them. The last two digits indicate the approximate weight percentage of chlorine in the product, and the first two digits indicate the type of material, as follows: 12 -- chlorinated biphenyls* . '25 r blend of chlorinated biphenyls and chlorinated triphenyls (75:25) 41 TM blend of chlorinated biphenyls and chlurinated Iriphcnyls (GO :40) ' 54 -- chlorinated Iriphcnyls For nearly every Aroclor mentioned, a darker, less-pure grade exists, with about the same physical and chemical characteristics, hut lower in price. The Aroclor liquids and resins are readily soluble in most common organic solvents and drying oils. Although all Aroclor plasticizers are insoluble in water, the hard, crystalline materials are generally less soluble than the liquids and softer resins. Solubilities of some Aroclor plasticizers are shown in Table 1. MAE 054472 TOWOLDMONOQ51990 L66LSOONOIAiaiOM01 TABLE 1 SOLUBILITIES OF AROCLOR PLASTICIZERS IN VARIOUS SOLVENTS Sofrett Acid Acetic Acid Oleic Acid Bennie Acid Andor 1242 2TC Hot S S 10.0^ S S -- Aroclor 1249 2PC Hot -- lO.O*1*1 -- -- Aroclor 1254 2rc Hot sS sS ---- Aroclor 1258 CoU Hot ---- ---- Aldehyde 40% Formaldehyde Furfural 1 1 ,1 VS VS VS vs 1111 vs VS ss ss Amine Aniline Pyridine S 132.5MT Chloro derivatives Amyl chlorides -- mixed Carbon Tetrac'ilorioe Chloroform Dichlorettylene Ethylene Oicnloriae Vorochlorobentene Onhodichlorobenzene Tetrachlorethane Trichlorethant Trichlorethylene S S s -- s s -- s s s Drying Oil Tung Oil Linseed Oil s s Ester Amyl Acetate Butyl Acetate "Cellostlrt"* Acetate Cottonseed Oil Dibutyl Phthalate s s s s s s 440rc s c s - s s -- s s s s s s s s s s -- s s s -- s s -- s s s s s s s s s s ss -- lUirc 425'oot - s s ss ssssss -------- ssss s s s-- --- ---- s s ss s ss ss- s s ssss 1 ssss ssss s s s-- s s sss ss -- -- -- s -- s -- -- -- -- -- -- s s s -- -- s Aroclor 4455 CoU Hot SS s S vs ---- 1 , VS vs Aroclor 5450 2rc -- -- -- vs vs VS vs - vs vs -- vs vs I So vs vs - vs vs -- vs vs - vs vs -- vs vs -- vs vs - vs vs - vs vs -- vs vs - vs vs -- vs vs vs vs vs vs s vs s vs -- -- -- -- - Q HAE 0 5 4 4 7 3 266 I-SOONOIAIOIOAAOI Diethyl Phthalate S s S s s s -- -- s vs Ethyl Acetate S s s s s s SS SS s vs Ethyl Lactate S S s s s s 1 s vs vs Ethylene Glycol Oiacetate S s s s s s -- - vs vs Methyl Acetate S S s s s s SS SS s s Tricresyl Phosphate S s s s s s -- - SS s Ether: Ethyl Ether Ss sssss ss- Ether Alcohol Cubital' 22src 307WC vs vs 173WC 2S9*,*C 1 s SS -- Ctfloso/ve SS s s s s 1 ss- Diethylene Glycol -- -- -- -- -- -- -- -- s .-- /r.p'-Oihydrocy Ethyl Ether 16.913** ISfst SS SS 833=5 1QIOO-C -- - SS - Hydrocarbon Bentene Gasoline Kerosene Mineral Spirits ParaHin Pine Oil Toluene Turpentine Xrtene VS VS vs vs vs vs s s vs vs VS VS vs vs vs vs - - vs vs vs VS vs vs vs vs SS s vs vs vs VS vs vs vs vs s s IJ vtro* yjjjirr- s 2.0JS-C s - s -- - s.o s s s vs vs s s s s s s vs vs vs vs vs vs s s vs vs vs vs vs vs IS vs s s vs vs vs vs vs vs vs vs s s vs vs Hydroxy derivatives Amyl Alcohol n-Butvl Alcohol Ethyl Alcohol (3-A) Glycerine Methyl Alcohol Phenol - 90*/. Ketone: Acetone s s 23.3"'e 1 42.5,,*t 194> S s S M.O'O't 1 88.5MX S S -- -- -- 1 -- -- -- --s s SS --s s 1 -- 10"*t 28=5*= 1 1 11 1 -- 1SJ-C 22.2"*c -- -- SS S SS --s s 1 ss SS SS 1 SS 11 - SS ss 1s s s - 1 - s s Miscellaneous Carbon Disilfide Nitrobenzene S S ---- s S S ----s Water 11111 I -- Insoluble SS -- Slightly Soluble S -- Soluble VS -- Very Soluble. Figures show grams of Arodor per 100 milliliters of solvent at 25*C unless otherwise indicated. s s 1 s s vs vs -- -- vs -- 1 111 _ -- -- -- -- -- -- -- -- -- -- 143 -- -- 142 173 -- -- 260 -- -- 3VH TABLE 2 CHEMICAL AND PHYSICAL PROPCRTICS Of REPRCSCNTATIVE AROCLOR PLASTICIZERS AND RESINS Pioperty Appeerence Aruclui 1221 Clear. mobile oil Aioclur 1232 Clear. mobile oil Aroclor 1242 Clear. mobile oil Aroclor 1248 Clear. mobile oil Aroclor 1254 Light-yellow viscous liquid Colei, maximum *100 APIIA *100 APIIA *100 APHA 100 APIIA *100 APHA Chlorine, parcant 20.S-21.5 Acidity, mg KOH/g. maximum *0.014 Moisture, ppm. maximum - Are. Coefficient of Ixpension. cc/ecfC 0.00071 (15*-40'C) Specific Dreriry *1.182-1.102 (25715.5'C) Density, pounds per gallon, 2S*C 8.85 Distilletion Rengc. *C. eorractad (ASTM D-20. modified) 275-320 Freporetion Loss. H, 100*C, 6 hours (ASTM 0-6, mod.) 163`C, S hours 1.0-1.S Flesh Point (Cleveland Open Cup). *C 141-150 *F 286-302 Fire Point (Cleveland Open Cup). *C 176 f 349 Pour Point [ASTM E-17). *C 1 (crystals) 7 34 (crystals) Softening Point (ASTM -28). *C -- *F flefrectire Index, n 0-20 20*C 1.817-1.618 Viscosity. Seconds Seybolt Universal (ASTM 0-88) 100*F (37.8*C) 1307 (54.4*C) 2107 (98.9'C) *38-41 35-37 30-31 *** ixfcnwn 31.5-32.5 *0.014 -- 0.00073 (25*-100*C) *1.270 1.280 (257!5.5*C) 10.55 290 326 1.0-1.S 152-154 305-310 238 460 -35.5 -32 - 1.620-1.622 *44 51 39-41 31-32 42 *0.015 50 0.00068 (25*-G5*C) *1.381 1.392 (25715.5*C) 11.50 325-360 0-0.4 3.0-3.6 176-100 348 356 None to boiling point -19 2 - 1.627-1.629 *82-92 49-56 34-35 48 *0.010 *50 0.00070 (25*-65"C) *1.405-1.415 (6571b.5*C) 12.04 340-375 0-0.3 3.0-4.0 193-196 379-384 None to boiling point -7 19.4 -- 1.630-1.631 185-240 *73-80 36-37 54 *0.010 *50 0.00066 (25*-65'C) *1.495-1.505 (65715.5`C) 12.82 365-390 0-0.2 1.1-1.3 None to boiling point None to boiling point 10 50 - 1.639-1.641 1800-2500 260-340 *44-48 MAE 0544J5 6 TOWOLDMONOQ51993 Arochr mo Light-yellow. soil. sticky retin *150 APHA 60 0.014 50 0.00067 (20*-100'C) M.555-1.566 (90`/15.5`C) 13.50 385-420 0-0.1 0.5-0.8 None to boiling point None to boiling point 31 88 1.647-1.649 Aroclor m2 Aroclor 6441 Light-yellow sticky, viscous resin 150 APHA Clear yellow sticky resin 2 NPA (molten) 61.5-62.5 42 0.014 0.05 - 0.00064 (25"-65*C) - 0.00123 (25`-99*C) *1.572-1.583 (90715.5'C) 1.470 (25725`C) 13.72 12.24 390-425 215-300 (4 mm. Hg) 0-0.1 0.5-0.6 0.01 0.2 None to boiling point 247 477 None to boiling point >350 >662 38-38 48 It 116 46-52 115-126 1.6501-1.6517 - Aroclor 4466 Clear. light-yellow. resin 2 NPA (molten) 66 0.05 - 0 00061 (25--65-C) 1.670 (25*/25*C) 13.91 230-320 |4 mm. Hg) 0-0.02 0.2 -0.3 None to boiling point None to boiling point 60-66 140-151 1.664-1.667 Aroclor 2666 Aroclor 6460 Block, opaque. biiltle resin Clear, yellowto-amber. brittle resin or flakes Aroclor 1266 White to all-white powder 2 NPA (molten) *1.5 NPA (molten) 66 58.5-60.6 68 1.4 - 0 00066 (25*-05'C) 1.734 (21i725`C) 14.44 0.05 - 0.00179 (25*-124*C) 1.670 (25725*C) 13.91 0.05 - 0.00067 (20*-100*C) 1.804-1.811 (25725*C) 15.09 280-335 (5 mm. Hg) 435-450 0.2-0.3 0.03 0-0.06 0.1-0.2 None to boiling point None to boiling point None to boiling point None to boiling point _ 66-7? 149-162 - 98-105 208-222 1.660-1.665 150-170 (hold 302-338 point) - 600-850 3200-4500 (160*F: 71*C) 90-150 -- -- -- *72-78 86-100 300-400 (266'F;130'C) MAE 054476 TOWOLDMONOQ51994 All the Aroclor plasticizers are heavier (ban water, a valuable property for many uppliral ions. Densities are shuwn in Figure 1. Absolut* Density. gVcc. Fig. 1 -- Densities ol Arotloi Plusticirers at Various Temperatures 0 Specific Volume The specific volume of Arorlor 12-18 at dilTcrent temperatures is as follows: TemperHun rn 0 100 AroclotQ 1248 Specific Volume (mi\gj 0.674 0.699 200 0.726 300 0.755 400 0.790 600 0.828 600 0.870 MAE 054477 TOWOLDMONOQ51995 Volatility The low vaporization loss of Arwlor plasticizers is indicated in Table 3. TABLE 3 VAPORIZATION RATES Of AROCtOfl PLASTICIZERS Plestieirci (Surface tret : 12.2S sq. cm.] Aroclor 1221 Wt. loss tv) 0.5125 Exposure el 100'C (hr.) 24 Veparin lion Dele (gisq. cm.lhr.) 0.00174 Aroclor 1232 0.2572 24 0.000874 Aroclor 1242 0.0995 24 0.000338 Aroclor 1248 0.0448 24 0.000152 Clore/in'-42-S 0.0745 48 0.000126 Dioctyl phthalate Duutx" 25 Aroclor 1254 Shell DuIrex 20 0.0G86 0.025G 0.015R 0.0047 48 24 24 24 0.000117 0.000087 0.000053 0.000016 Aroclor 1262 Aroclor 1260 Aroclor 4465 Aroclor 5442 Aroclor 5460 Tricrotyl phosphite 0.0039 0.0026 0.0064 0.0039 0.0032 0.0010 24 24 72 72 72 24 0.000013 0.000009 0.000007 0.000004 0.000004 0.000003 It is concluded LhaL the vapored ion rales of Aroclor plasticizers -- especially the most widely used 12M and 12C0 -- compare most favorably with the similar constants of other plasticizers sclccti>d specifically for those tests because of I heir low vaporization rales. ^IlKNWkll IMIOVtt MAE 054478 9 TOWOLDMONOQ51996 Vapor Pursuro The vapor pressures of several Aroclor plasticizers arc indicated in Figure 2 over the temperature range 1 GO" to 300C. j x 10* T. *K Fid- 2 -- Vapot Pressures o( Aioclor Plasticizers The estimated vafKir pressures of several Aroclor plasticizers at 100F shown in the following table were dolennim*l by extraiiolation from the values shown in Figure 2. Appioiimite Vtipoi Pmsuie ofA/oclofi PUsticiitrs slimited it 100'F (37.S' Cj Aroclor 1232 0.005 mm. Kg Aroclor 1242 0.001 mm. Hg Aroclor 1248 0.00037 mm. Hg Atocloi 1204 0.00006 mm. Hg MAE 054479 TOWOLDMONOQ51997 Viscosity The viscosities of Lite Arnclor plastici/ors vary according to whether the base material is a bi|>lu'iiyl or a |>i>ly|)heity] and on the degree of chlorination. In general the luw-rhlorinnlcd biphenyls have the lowest viscosities (Figure 3). MAE 054480 11 TOWOLDMONOQ51998 TeileitY And Sih Htndllnf Inhalation At ordinary temperatures the Aroclor chlorinated polyphcnyls have not presented industrial toxicological problems. The hazard of potential toxic exposure varies with their volatility: the lower-chlorinated, morevolatile ones present more of a potential problem from the standpoint of both inhalation and skin contact. When Aroclor plasticizers are used Rt elevated temperatures, engineering controls must be applied, either by the use of closed systems or by cfTcctive loeal-exhaust ventilation together with general workroom exhaust. Vapor of the liquid Aroclor plasticizers at room temperature should not be breathed in n confined space, and no vapor of any Aroclor evolved at elevated temperatures should be allowed to be dispersed into the general workroom. Inhalation tesla on animnls indicate that the maximum safe concen tration of vaj>or is in the range of from 0.5 to 1.0 milligram of the lower-clilorinatcd Aroclor plasticizers per cubic meter of air. The threshold limit values (maximum allowable concentration for an 8hour working day) set by the American Conference of Government Hygienists are 1.0 milligram of the lower-chlorinated Aroclor com pounds per cubic meter of air anti 0.5 milligram of the more-highlychlorinated compounds, such as Aroclor 1254, per cubic meter of air. Skin Contact Schwartz patch tests on 200 volunteers showed that Aroclor 1254 was neither a primary skin irritant or a sensitizer. Prolonged or repeated skin contact with the Aroclor plasticizere must be avoided by the use of gloves and protective garments, because of the possible occurrence of a condition called chloracne. Although re ports of this condition caused by Aroclor are rare, it can be produced by excessive skin contact. If any Aroclor is spilled on the skin the skin should be washed in the usual manner with a soap solution. A bum caused by contact with a hoi Aroclor should be treated like any ordinary bum. Aroclor plasticizer adhering to the burned area need not be removed immediately, unless treatment of the bum demands it, in which case cither soap ami water or repeated washings with a vegetable oil are recommended. HAE 054481 TOWOLDMONOQ51999 Environmental Hua/Js Aroclor 1232, Aroclur 1212, Aroclor 12-18, Aroclor 12M, Aroclor 1260, Aroclor 1202, Aroclor 12G8, Aroclur <1105, and Montar 1 all contain polychlorinated biphenyls (PClti of various tyi>os and in varying amounts. POP residues in small amounts have boon found in the environment and some si udirs have indicated that they may bo harmful to certain forms of animal life. Kxlromr care should therefore be taken by all usd's of POP-conl aining products to prevent any entry into the environment through .spills, leakage, use, disposal, vaporization or otherwise. Further, the products in which PCH materials arc used, or which arc formulated using Ptdll materials as a component, should bo given careful study to eliminate the possibility that PCli might reach the environment as a result of use in a given application. Some specific applications where tin- use of I'CH should definitely be avoided are in paints and sealants for swimming pools, paints and waterproofing agents in silus and other buildings whore food products for humans or animals are stored, nnd as a component of any container or wrapping used in the packaging of food products. MAE 054482 13 TOWOLDMON0052QOO Shipping Freight Classification Aroclor 1221, 1232, 1212, Synthetic Resin, Liquid, NOIUN 1248, 1254, 1200, 1202 Rail Classification Aroclor 12118, 4465, 64 4 2, 6460 Synthetic Kesin, Other Than Liquid, NOIUN Truck Classification Aroclor 1208 Aroclor 4405, 5442, 5460 Synthetic Resin, Powder, NOI Synthetic Resin, Lumps or Solid Mass, NOI Shipping Regulations None Standard Containers Aroclor 1221 Aroclor 1232 Aroclor 12-12, 1248, 1254, 12G0,12(12 Aroclor 1208 Aroclor 4405 Aroclor 64 4 2 Aroclor 5400 (flaked) Tank car, 520-lb. steel drum, 60-lb. can Tank car, 560-lb. steel drum, 50-lb. can Tank car, 600-lb. steel drum, 60-lb. can 200-lb. fiber drum, 25-lb. fiber drum 500-lb. steel drum, 50-lb. can 450-lb. steel drum, 60-lb. can 50-11). bag HAE 054483 TOWOLDMON0052001 MAE 054484 TOWOLDMON0052002 DISTRICT SALES OFFICES ALL DIVISIONS AKRON. OHIO 44313 260 Springtide Drive Montrose Development Park Ttl. (216) 666 4111 ATLANTA. GEORGIA 30326 Lenox Towers Cist 3400 Peeehtrea fid. N. E. -- Suita 1711 hi. (404) 577-2260 BOSTON. MASSACHUSETTS 02149 Everett Station Til. (617) 337-5010 CHICAGO, ILLINOIS 3158 Das Pliinis Ava. Das Plaines. Illinois 60018 Tat. (312) 296-6688 CINCINNATI. OHIO 45206 1501 Madison Road Til. (513) 751-6707 DETROIT, MICHIGAN 500 Northland Towars West Southtield. Mieh. 48075 Til. (313) 357-0910 HONOLULU. HAWAII 96812 205 Pecitiz International Bldg. 677 Ala Moim Bird., P. O. Hot 3824 Tat. (808) 531-2744 HOUSTON. TEXAS 77027 1301 Post Oik Town 5051 Westheimer Road Tal. (713) 621-9550 LOS ANGELES. CALIFORNIA 90022 6670 E. Flotillt St. Tal. (213) 723-2492 NEW YORK. NEW YORK 10017 277 Pirk Annua Tal. (212) S22-4111 ST. LOUIS. MISSOURI 63166 800 N. Lindbergh 8tad. Tal (314) 694-1000 SAN FRANCISCO BAY AREA 2710 Lalafitta. Santa Clara. Calil. 95052 Tal. (408) 243-0414 SEATTLE. WASHINGTON 98121 2112 Third Avenue Tal (206) 622-4203 WILMINGTON. DELAWARE 19803 2005 Concord Pike. Fiirlax Tal. (302) 658-6531 District DWcn *tt mtmttirni kf: A(tiicu(tural Oiviiion AIIENIOWN. PENNSYLVANIA 16104 t`rk I'lfjlMtiOftll Building 77(X t/HflHiton Ui (210) 07-5471 DICATUM. ILLINOIS 52573 207 Oecnliir Prolatuonal Building 3r.j M*m Swaat tal (217) 423-6031 OfS MOWES. IOWA 50310 3 11 MdlP Hy lOwec !l (516) 276-6503 fllLMONf. NfftRASKA 68026 160 Snuili Mam Si<aal T*l. (40?) 727.1230 INUlANAi*OI IS INDIANA 46705 ?16,4(H32 Mtadowi 0iva Building Tol, (317) 647.9146 KANSAS CITY, MISSOURI 64133 ?0l Bluft AidgaTowar 4?40 Olim AdQ* BouNvatd Ui |U1U) 353-8060 LU( INC. LOUISIANA 70070 I* 0 Bov 174 1*1(604) 764.6263 MANKATO, MINNESOTA 66001 111 Madiaon Casi 1*4. (607) 367*3409 MEMPHIS. TENNESSEE 36104 303 Uninn Plata Bulld'nf 1H3S Union Avanua 1*1 iPOl) 271*7611 MUSCAT IN r. IOWA 62791 C. 0. Boa 473 Taf. (3I| 263-I33I Hydiacaikaaa 1 Ptlfinart 0iiaiaa NCW (NULANO AIUA 7.10 Wo*cnai $t. Indian (.Hchatd, Mm. 01061 Tal. (411) 764 6611 Him Oft Cl UOnAPO, ARKANSAS 71730 l kin Oil tluikJing Tal. (601) 663*3111 JACKSON. MISSISSIPPI 39206 P O. Bn* 10937. Waailand Slaiton UI. (OIM) 352.3648 N. tlltU HOC*. ARKANSAS 72119 410 Wf.it SliaaL P. 0. Bo* 6621 UI. (601)376*2437 MEMHIIS. TENNESSEE 38113 1023 Hiveiiida D*va. P. 0. Boa 13240 Tal. (901) 946.4461 Plaadc rrod.cli > Railut Oiaitian tUGfNf. (JAIGON 17407 655 Smiaca Road UL (603) 342.7301 KCNHWOIUH, NCW JERSEY 07033 Nmffi S*var#r S(. 4 Monro* Ava. lot. (201) 276-2900 SNttNCf II l 0. MASS. 01101 P.0 B 2130. la*. (41J) 769-6911 tonilai Olviaiaa All ANfA. GCOAGIA 30303 Alla.Ha MmcIwiHilM Ml 7At) r.rl.lr. Si . N. W. 7al (4041 (77-2760 CHARlOTIf. NORTH CAROLINA 28210 07.10 fatui,. Road Suil. 400 Tal (71141 764.0110 GrilCNVIlU. SOUTH CAROLINA 2K06 McAKaifi l-Hrt r. u. Ili.a GG04. Sl.lwn Tal (803 ) 738-8171 NCW YOlllC. NCW YORK 10001 350 fiflh Art. Tal. (212) 608 SI00 \ : 1 : . 1 . ; ` i MONSANTO. 600 N. LINDBERGH BLVO., ST. LOUIS, MISSOURI 63160 J3/70 Wjr94Oa6&`V`*4MrCLJWHA*>TCt4a'd;UirtW<&-a^lA.Tlat04C|yEIUT!rtCaaK-'AiitS-RrnVir<IMClKirarAnKMA^ MAE 054465 a-oovr-noron kiho n u.u % TOWOLDMON0052003 frOOSSOONOIAiaiOAAOl MAE 054486 BOO N. LINDBERGH BLVD., ST. LOUIS. MISSOURI 631 SB bco 165O P. L. Slayton 1070 H. R. Ford 19UO P. 0. Sutton Paul W. Gann J. R.oder/D. Roush December 21, 1971 Lancaster, Pennsylvania Attention Mr. jack Wilkinson, Director of Purchases Dear Mr. Wilkinsons Further to our conversation of Decanter 20, 1971 I a* enclosing a copy of our cubtoner notification letter on the discontinue- tion of TherminolA Fit heat transfer fluid. . As discussed I an also attaching bulletins on Therminol 55 and 66 which you may wish to aonslder as possible replacements for Therminol FR-1. Both Therminol 55 and 66 do not contain PCBa but, unlike Therminol FR-1, neither has fire-realatknt ehertoteristica. Your company may therefore wieh to cheok with your insurers regarding the proposed changes. Per your request we are sending oopies of this information to Mr. Frank White at Lancaster and Mr. Bruce Hettel at Macon. Please do not hesitate to contact Monsanto if we can be of further assistance. Very truly yours. os Enclosure 00 Mr. Prank White Mr. Bruce Hettel Cumaing Paton Product Manager Heat Transfer, Dielectrics and Process Fluids MAE 054596 TOWOLDMONOQ52005 (AVmstrong V / COM K COM^ANV /I &Kaaca com | Tainan in I U-J / ^ 16 lANCASTf*. AA i>04- Ktrcfa 7, 1972 hr. J. E. Sp^inggata ^ Business Director Plasticisers Monsanto Company 600 North Lindbarg Boulevard n St. Louie, MO 63166 /W * i * l^ -( rv'i'l*' fiJ' /., ^ ft* ^ 0U * Deer Jia: I juet vented to take a few alnutea on behalf of all of ue bare at the Floor Plant to thank you for the help you gave ua at the tine you vlalted Lancaster on our problem with your FR-11 material. I think you would be Interested in knowing that your aan froa St. Louis ease to Lancaster shortly after you were here and aet with our Safety Director and Engineering people, as veil as the Factory Mutual repre sentative. Aj nearly as 1 can deteralne, Jia, things are now under control and various alternates have been suggested to help us out in this particular problea. 1 can't begin to tell you how aueh your Interest and effort aeant to ae personally, as veil as your willingness to try and help us out. I think this is just one aore evidence of the fine vendor/custoaer relationship we have had over aany years. 1 hope it won't be too long before you get a chance to be back in Lancaster again, and perhaps if the weather ever warms up, we can cut a little grass just to keep in shape and sharpen up our putting and counting ability. Sincerely yours, JSK Nr. Fred G. Sutton Regional Sales Manager Plasticizers Southeast Region Monsanto Company 3411 Silverside Road Wilmington, DE 19810 ' r.P. White Plant Purchasing Agent Lancaster Floor Plant MAE 058885 ,1 I DEFENDANT'S EXHIBIT K 13 2= W2S hi PA TOWOLDMON0052006 Monsanto 0*1 I**t * W. B. Papsgeorge February 10, 1975 AROCLOR 1260 - HEW STUDIES TO : H. S. Bergen - B2SL B2SK 4ff-<T-Blshop' 1&26A Q. L. Bratsch - B3NA K. W. Easley - 1920 F. J. Fitzgerald - B3SA T. L. Goasage - B2SL 0. J. Levinskas - A2SC C. Pa ton - B2SC W. R. Richard - T3A 0. Roush - A2SA E. Tillman - A2SA W. W. Withers - B2SA P. L. Wright - A2SC The following met on Thursday, February 6 to review the results of a rat feeding study recently completed by Dr. Renate Kimbrough, Center for Disease Control, HEW; T. L. Oossage 0. J. Levinskas W. B. Papageorge C. Pa ton W. R. Richard 0. Roush E. Tillman W. W. Withers P. L. Wright Oeorge Levinskas summarized a meeting held at the National Cancer Institute, Washington, D. C. on January 311 at which sections of liver tissue from Dr. Kimbrough's study were reviewed. Dlscu66lon relating to interpretation, significance and required action followed. The following conclusions were drawn: 1. Cancerors liver cells were observed In approximately 8$ of the rats exposed to Aroclor 1260 in Dr. Kimbrough's study. 2. This effect was not observed In similar studlea conducted for Monsanto Company by Induatrlal Bio-Teat Laboratories. 3. This difference in observed effects could be due to the difference In rat atralna used In the two studies. 4. Dr. Kimbrough will In all probability present and/or publish her findings as soon as she can. 3. KIOSH has Dr. Kimbrough's data and certainly, following publication of this information and In the absence of any contradicting reports, the regulatory agencies will be pressured Into reviewing their policies and regulations relating to polychlorinated biphenyls. As in the past there will very likely be limited attempts made to distinguish between types of commercial mixtures of polychlorinated biphenyls. The cancer cell formation observed in Dr. Kimbrough's study with Aroclor 1260 under conditions unique to that test will in all probability be quickly and without sclenflflc basis assumed to occur with all polychlorinated biphenyls. TOWOLDMON0052007 2- - Die following action plan waa developed and ia reconmended for adoption: Action Reaponalblllty Dates Start Complete Estimated Coat 1. Publish the reaulta of the Monsanto atudlaa conducted by Induetrial Bio-Teat Laboratoriea. 0. Roush J.P. Stapleton Immediately July 1, 1975 .-- _ --- 2. Obtain aervlcea of . cancer apeclallat to review both atudlaa and interpret significance to current PCB applications. 0. Rouah t ' Immediately April 1, 1975 $2000 - $5000 3. Obtain National Cancer 0. Rouah Institute interpretation. Pbllowing 2 above. 4. Discuss with NIOSH, OSHA, PDA, EPA. 0. Rouah K.V. Easley W.B. Papageorge Immediately following 2 and 3 above. 5. Discuss with key customers 0. Rouah T.L. Ooaaage W.B. Papageorge Coincident with U above. 6. Complete WOK plant employee exposure a tudy. 0. Roueh Immediately April 1, 1975 7. Conduct study of Aroclor 1260 with rata to determine effect at 2b months when exposure la withdrawn at 18 months. 0. Roush Immediately March, 1977 $ 70,000 8. Conduct study of Aroclor 1260 with second species (hamster?) to establish if species differences exist. 0. Roush Immedla tely $ 70,000 MAE 021967 TOWOLDMON0052008 -kA possibility does exist that Dr. Kimbrough may be Interested In conducting some of the animal feeding studies listed In the action plan. Medical Department representa tives will explore this possibility. W. B. Papageorge A* MAE 021969 TOWOLDMON0052009