Document Dd8jB3a50yYKk4XzB5kvNqb7N

06/29/2004 14:56 FAX McCarter & English llp 0 005/078 1 SUPREME COURT OF THE STATE OF NEW YORK 1 2 COUNTY OF NIAGARA 3 2 3 44 5 fN RE; NEW YORK CITY 8 ASBESTOS LITIGATION 7 5 6 7 88 9 DEPOSITION 9 10 UNDER ORAL 10 -!1 EXAMINATION 11 12 OF 12 13 RICHARD BARKER 13 14 14 15 15 10 Tills Document Applies To; 16 17 TERRANCE HILL 17 18 18 19 19 20 PRIORITY-ONE COURT REPORTING SERVICES. INC. 20 21 899 Manor Road 21 22 Staten Island, New York 10314 22 23 (718)983-1234 23 24 24 25 25 fafi APPEARANCES: LIPSIT2 & PONTERIO, LLC 135 Delaware Avenue. Suite 210 Buffalo, New York 14202 BY: KATHLEEN A. BURR, ESQ, Attorneys for Plaintiff mccarter & English, llp CityPlace 1 185 Asylum Street Hartford, Connecticut 06103-3495 BY: CATHERINE A. MOHAN, ESQ. Attorneys for Defendant, General Electric Company Also present: Marilyn M, McCioskey, Certified Court Videographer 1 Transcript of the deposition of the witness, 1 INDEX 2 called for Oral Examination in the 2 WITNESS-NAME PAGE >10. ' 3 above-captioned matter, said deposition being 3 RICHARD BARKER A taken pursuant to Federal Rules of Civil 4 5 Procedure by and before DEBRA deHAAS, a 5 Direct Examination by Ms. Burr 9 6 Notary Public, at the Radisson Inn, 12635 G Cross-Examination by Mr. Mohan 204 7 South Cleveland Avenue. Fort Myers, Florida, 7 Redirect Examination by Ms. Burr 210 8 on Thursday, April 15, 2004, commencing at 8 Cross-Examination by Ms. Mohan 216 9 approximately 9:53 in the forenoon. 9 10 10 11 11 12 12 13 13 14 14 15 15 10 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 raf> 2 Prioi Ity-Ono Court Reporting Services * (71X) 083- [234 I {Pafcfis 1 to 4) 06/29/2004 TUE 13:51 [TX/RX NO 8737] 0005 06/29/2004 1456 FAX mccarter a English up @006/078 1 EXHIBITS 2 00IH3IT NO 3 PAOK: NO. A 1 Copy of resume of Ritfviid Barker 16 5 ? Copy ul contract betwoer* OE & 0 PltNOO (Kited\VW? n 7 3 Copy of onjwoir. lo frUerrogatories 22 A Copy of OC Promotion Manual 152 3 5 Copy of (wo-payc OE catalog 157 10 6 Copy ol lour-piigo Cl" catalog 158 11 7 Copy of Placdwi 1938 Fxcorpt (14 pages) 160 >2 8 Copy of Orw-pafjf! OE catalog, 13 ftfl1 Molding (Modem Plastics Encyclopedia) i$l 14 & Copy oi (3S Plant photograph 10 (Modern Plastics Encyclopedia) 163 16 10 Copy of onc-puyo CiE catalog (Photograph) `OF ToKoa Complolo 17 Responsibility 166 10 11 Copy ul orei-pogo CE catalog - Fobricotod piocoa, "Small Uifs cx 19 hy Uio CnrtOPfr 106 20 12, Copy of ww'pogo CC catalog - Mrxfurn Plasties fcneyefftpudia 107 21 13 Copy u( onft-|V>Oo OF product chart 173 22 M Copy of orw-pngu GF. product chart 23 `MoKJud Plo5l<C8 Carp* M'Z 2A 5b Copy of wut-page article lined. "Cul Cycle Time 29% with tfn> 26 PusIdsi Cwipy Plxjnofms in (tin Pluulics Industry 174 1 EXHIBITS (Cont'd.) 2 29 Copy of list of nttendoBs represantiivg GE Of 1^12/73 meeting with personnel 3 from Johns-Manville Corp. 192 4 30 Copy of Transcript of procoodings dated 1/12773 of <3E & Johns-Manvillo 5 Corp. mceling 194 6 31 Copyol Asbestos Worker Magazine oxcorpt tilled `'dohnsotvHumphrfty 7 ElfldfKl.'' 195 0 32 Copy of article titled, "Eight out of 10 Distributor Cnps in the USA 0 are made of GE Phenolics" 143 to 33 Copy of article tilled. "Who Decorated Those Phenolic Handles?" 146 11 34 Copy of article titled. "Who Burned 12 this Phenolic?" 149 13 35 Copy of Progress Report nl 1903 titled, "Joinl Health Research 14 Effort Starts for Insulation Men." 197 15 (AH exhibits were retained by Ms. Burr) 16 17 IB 19 20 21 22 23 24 25 Pa#u'il I &XHWT3 (CnrtYI.) ? 1C Copy r>f(mft-fxiijit CE OOCUUK!!* IflCll, "W10 Slftfilty*! lISs WmhoUcT* i ?*J a 17 Copy rif om [(x> article "l*xan ai*a k vsm Now Pmecl ti tiom Garvtrot felwtliu: * 1t`- 1C Copy ol unci-jwtpjGC sNh*0#wJ, <i "Who Wnie CVX lltir. plmnoBC Auto P:nrt- 177 7 19 Copy of MMciKigcCf; docimcnt MIimI, 0 WtCraWMiiaPJyuicr HR 70 C"Pyol 12-|K>oo dw.ututf* WtOd. \iiwiiCnrW9eCw5i." Ctaksie/74/71 170. IP 21 Cxc[pi at Ch twwwcrs to II InKtnQQMMiM in Mtfloi v. CAP OW (ft piJQMt 16ft 12 72 C<i|iytf (nOCNtiUuunISaMy Himhi lit nrjnttily publiiuttKin, vrtKimn Ul1, No 3 14 1R7 23 CftCyol "SNMTl I'OwerA.U'Aiuliy 15 putMCMi(m(ftpii>]i) 107 10 34 Copy ol SiworthiivflVMikim-1065! <toiflfiiyw) ltW 17 25 Copy <A iJoniirvi* itumi, `Eounduinri 10 F;idn .July 19KT (2 jwifluoV UK 19 26 Copy or Itnairtwrt BWI ` UH? 1 rJIKOlSUtl*#; . 1 NflOOt^tl 3My to Congrow (Pn pwo iw 21 27 Copy pi tt bsfliw ilmr*} iU20JfA> from bilwivd Kiinrt. Mb. In tv. 22 ftiJUwt i 'Atff.ulit Tnxieau sji minium i o 23 2H Copy ul tt>03 r<]Row*|ii|. Rrpnrr mSQ. Adjeidos Tivnltt iMiSUrim, ijiMkI 1/25/63 101 2 (Paftcs 5 to S) Pap,e <i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE VIDEOGRAPHER: Today is April the 15th, 2004. The time is approximately 9:53 a.m. We are at 12635 South Cleveland Avenue, Fort Myers, Florida to take the deposition of Richard Henry. Index number - MS. MOHAN: No. Excuse me. Richard Henry Barker. THE VIDEOGRAPHER: To take the deposition of Richard Henry Barker. Index number 115895, in the case of Terrance Hill and Mary Lou Hill versus General Electric and other asbestos defendants. My name is Marilyn McCiosKey. I am the videographer with Sun Ray Legal Video. The court reporter is Debbie deHaas with Priority One. Wifi counsel please introduce themselves? MS. BURR: My name is Kathleen Burr. B-U'r*r. I am Pafifi 8 I'noriry-Ont; Court Reporting Services - (7IK) 983.1234 06/28/2004 TUE 13:51 [TX/RX NO 8737] @006 06/23/2004 14:5? FAX HcCARTER & ENGLISH LLP @007/078 1 the attorney for the plaintiffs, 1 2 Mr. and Mrs. Hill. The (ate Mr. 2 3 Hili. 3 4 MS. MOHAN: Catherine Mohan 4 5 from McCarters English. 1 5 6 represent General Electric. 6 7 THE VIDEOGRAPHER; Will the 7 8 court reporter please swear the 8 9 witness? 9 10 10 11 11 12 12 13 RICHARD BARKER, 13 14 14 15 19 Luana Court 15 16 Fori Myers, Florida 16 17 called as a witness, having 17 18 been first duly sworn 18 19 according to law, testifies 19 20 as follows: 20 21 21 22 DIRECT EXAMINATION BY MS. BURR: 22 23 Q Good morning, Mr. Barker. Could 23 24 you state your full name and address for the 24 25 record, please? 25 *> MS. MOHAN: Just because you started on Ihis. Mr. Barker is being produced to testify about phenolic molding compound business in Pittsfield, Massachusetts. He is - GE sold the business, the phenolic molding compound business in 1982. He will only bo talking about that. Any issues regarding industrial hygiene, as 1 told Mr. Comerford, somebody else from GE will be able to testify to those issues. So he will not be testifying to any industrial hygiene issues. The second thing is we'd like to place an objection on the record for the videotaped deposition. 1 don't believe it was adequately noticed. And the other stipulations would be any of the general stipulations we usually have at these hutc 11 1 A Richard Henry Barker. 113 Wilshire 1 2 Drive, Cheshire, Massachusetts 01225. 2 3 Q Could you spell Cheshire for us? 3 4 A C-h-e-5-h-i-r-Q. 4 5 Q All right. Good morning, Mr, 5 6 Barker, How are you feeling today? 6 7 A Fine. 7 8 Q That's good. I'm glad to hear 9 that. As you know, my name Is Kathy Burr, 8 9 ID and I'm the attorney from LipsiU Pontario, 11 We represent the plaintiffs in this case. 1 10 11 12 have questions for you today. 12 13 You've been produced by the 13 14 General Electric Company as a former employee 14 15 of that company as the person perhaps the 16 most knowledgeable about the subject matter 15 16 17 we're discussing today. Have you ever been 18 deposed before, sir? 17 18 19 A No, 1 haven't. 19 20 MS. MOHAN: We should put 21 some stipulations on the record. 20 21 22 1 didn't know when you wanted to 22 23 do that. 23 24 MS. BURR: Surely. We can do 24 26 that now. 25 PrtRC JO depositions. MS. BURR: Okay. Could you review those for me? I'm a New York litigator, so I'm assuming that we're going to waive generally objections to the question except as to a stated form. MS. MOHAN: Form. That's correct. MS. BURR: Is he going to read and sign Ihis transcript? MS. MOHAN: Yes. He will read and sign this transcript. And 1 think that's - 1 think those are the only two that 1 care about. So unless you have others, 1 think that's - and the several times on the -- what we've done on these other videotaped depositions, for the objections weVe actually gone off the videotape for the objections to discuss the objections, and jus! had them, ` P;ipc IV t {Hager V to IS] Priority-Cue Cuun Krporiing Services - (71 ft) ysV1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] @007 06/29/2004 14.57 FAX mccarter * ehblish llp @008/078 1 you Know, reported by the court 1 Q Because the problem is the court 2 reporter. 1 don't know if you 2 reporter cannot take down two speakers at 3 have a - 1 think they thought 3 once. And we'll both get in big trouble with 4 that would save on - on the 4 her if wc persist in some kind of behavior 5 tape. So for the objections you 5 like that. Okay? 6 can stop, and we can try to - 6 1 think that's the basic ground 7 MS. BURR: Okay. We'll try 7 rules, and we should be able to sail through 8 and due you to stop. a this, my guesstimate is, you know, by 9 BY MS. BURR: 9 midafternoon we should be done. Okay. 10 Q Okay. J`m going to go over the 10 A Okay. 11 basic ground rules now, Mr. Barker, for a 11 Q As you know, this case involves 12 deposition. And lfm sure your attorney has 12 Terrance Hill, and ho is deceased. He had 13 discussed those with you. I'll ask you to 13 an asbestos-related disease. And you 14 speak up, first and foremost, so that the 14 probably heard from Ms. Mohan that Terrance 15 court reporter can hear you, and try and 15 Hill once worked with the Die Molding company 16 speak reasonably slowly so that she can take 16 plant in Canastota, New York. 17 down the words. 17 A 1 have. 18 If you know in your mind you're 18 Q Okay. Do you have any familiarity 19 going to mention a technical word that only 19 yourself with the Die Molding company? 20 you know howto spell, you can go ahead and 20 A 1 visited the plant a couple of times 21 say the word and then spell It for the court 21 in the 1980s. I never got into the actual 22 reporter, because otherwise, it will turn out 22 molding room. It was more in conference 23 to be something unreadable in the transcript. 23 rooms. 24 if you don't understand the 24 Q Okay. Without going into great 25 question as I've phrased it, just tell me, 25 detail, what was the purpose of your visit to Pitpp I'.l t'ajjc 15 1 you know, "1 don't understand what you mean," 1 the plant in the 1980s at Die Molding? 2 something along those lines, "Can you reask 2 A At that time, 1 was working for 3 that question?" And I'll be happy to try and 3 PLENCO, Plastics Engineering Company, and we 4 rephrase it or reask it so that you do 4 were getting involved in statistical process 5 understand It. And to the extent that 1 ask 5 control which 1 was going to be in charge of 6 a question and you give me an answer, I'll 6 for PLENCO. 7 assume, then, that you understood the 7 Q During your time at GE, did you 8 question because you are answering it. Okay? 8 ever visit the Die Molding facility? 9 A Very good. 9 A No, I did not. 10 Q Okay. The other thing that 1 need 10 Q Mr. Hill did tell us that he 11 for you to do in all instances is to respond 11 worked at Die Molding between the years of 12 to me with some kind of a verbal response, a 12 1961 and 1966. is it fair to say that you 13 "yes," "no," "very good," anything like that 13 were employed by the General Electric Company 14 because if you nod or shake your head, the 14 during those same years? 15 court reporter's not able to take down a 15 A 1 was. 16 gesture. 16 (Exhibit No. 1 was marked for 17 A i understand. 17 identification.) 1C Q The only other thing is We*N try, 18 BY MS. BURR: 19 both of us, hard not to step on each other. 19 Q Your attorney's been kind enough 20 In other words, l*m asking you to wait for me 20 to supply mo with a copy of your resume which 21 to ask my complete question, as fumbled as it 21 we have marked as Plaintiffs* Exhibit 1, and 22 may be, before, then, you answer. And I'll 22 I'll give that to you now for your reference. 23 do my best, men, not to interrupt your 23 Before we start, though, have you 24 answer by starting another question. 24 ever viewed any documents for this 25 A Very good. 25 deposition, other than the ones you've looked I'ngc 16 4 (Piif'cs in {<) Priority-One Court ReporlinK Services - (7IS) 083-1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] @008 06/28/2004 14:5? FAX MCCARTER & ENGLISH LLP @009/078 1 at hero this morning? Q Okay. Most of these meetings, 1 2 A 1 have with Ms. Mohan and Mr. 3 Marshall. 2 take It, were up In Massachusetts? 3 A Yes. 4 Q Okay. And who's Mr. Marshall? 4 Q 1 gather you're some kind of snow 5 A He's a lawyer for a firm In Chicago 5 bird because you gave me a Massachusetts 6 that's also working on this case. And 7 Spazzioli. Mr. Spazzioll. 6 address. 7 A Correct. 8 Q And Mrs. Spaz2ioli? I'm sorry. 9 MS. MOHAN: Mr. Spoziali, 8 Q You don't live In Florida year 9 round? 10 I'll spell it. S-p-G-z-a-l-j-i. 11 A 1 just met him myself last week. 12 BY MS. BURR: 13 Q Okay. Is Mr. Speziak an attorney? 14 A Yes. 15 Q Okay, is he with Ms. Mohan's 16 firm? 17 A No. 18 Q No? 1$ he a GE in-house counsel 19 person? 20 A Pretty much works for himself. 10 A Pardon? 11 Q You do not live In Florida year 12 round? 13 A No. 1 came down in January and stay 14 until the end of April. 15 Q Whafs your local address here? 16 A 19 Luana, L-u-a-n-a Court, Fort Myers, 17 Florida 33912. 18 Q 1 understand that you're a 19 widower, sir? 20 A Widower, correct 21 Q Okay. What's his first name? 21 Q Yes. And I'm sorry to hear that 22 MS. MOHAN: David. 22 your wife has passed away. When did that 23 BY MS. BURR: 23 happen? 24 Q Do you know why it was Mr. Speziak 24 A Pardon? 25 came into the mix here for a meeting with 25 Q When did your wife pass away? i f Page t9 1 you? 1 A June 22nd, 1999. 2 A Not really. 1 know he's working on 2 Q And you have children? 3 the case. That's all. 3 A Throe. 4 MS. MOHAN: David Speziali is 4 Q And are they living up in the 5 going to try the case with me. 6 Massachusetts area, all of thorn? 6 BY MS. BURR: G A i have one in Washington, D.C., one in 7 Q Okay. Do you know where Mr. 7 Tolland, Connecticut, and one in Chicopee, 8 Speziak is from? 8 Mass. C-h-i-c-o-p-e-e. 9 A Pardon? 9 Q And they're all out of the house 10 Q Do you know where he practices? 10 and on their own. Correct? 11 A WiIJiamstown, New Jersey Is where his 11 A Yes. 12 -- the address he gave me. 12 Q The documents that youVo reviewed 13 Q Do you know what -- is he a sole 13 for this deposition, have you seen any of 14 practitioner or does he have a firm? 14 those documents today, or are they entirely 15 A From what 1 understood, his wife is 16 also an attorney, and they work together. 15 different documents? 16 A Other than the resume, most of what t 17 Q Okay. Now, did you have one 17 saw today were new. 18 meeting with Mr. Marshall, Mr. Speziak, Ms. 18 Q Okay. Did you review a large 19 Mohan prior to today, or more than one 19 number of documents with your attorneys? 20 meeting? 20 A We reviewed Mr. Hill's deposition, Mr. 21 A More. 21 Donald Dew's deposition. 1 had an old record 22 Q How many more? 22 from GE that when 1 was asked by Ms. Mohan to 23 A 1 first met Ms. Mahan last August. 23 come into the -1 reviewed some of those 24 I'm going to say about five or six meetings 24 just to refresh my memory. 25 with her. 25 Q Do we have those? Page IK Page 20 S (Pages 17 to 20) t'riorUy-Ouc Court Reporting Services - \71K) `JK>12'M 06/29/2004 TUE 13:51 [TX/RX NO 8737) @009 06/29/2004 14:57 FAX amccarter English llp 0010/078 1 A Formulations, property sheets, data 1 involved in the plastics business operation. 2 books. 2 Okay? 3 THE WITNESS; You have those. 3 A Ail right. You want to start from the 4 MS. MOHAN: Right. 4 beginning, go to the last page and work 5 BY MS. BURR: 5 forward? 6 Q Probably all Greek to us. Right? 6 Q 1 would like to - we'll just 7 MS. MOHAN: Greek to me. 7 generally review your work history. Okay? 8 MS. BURR: Atl right. I'm 8 And ril ask the loading question. 1 don't 9 going to - for the record, Hi 9 think the attorney will have any abjection. 10 Just reserve our rights to review 10 We'll just sort of march through this. 11 those documents at some later 11 MS. MOHAN: That'S fine. 12 point. 12 BY MS. BURR: 13 MS. MOHAN: Right. 1 know 13 Q You retired In what year, sir? 14 you have the answers to 15 interrogatories here, but because 14 A i retired from PLENCO in 1990. 15 Q Okay. And it's true that from 16 Mr. Hill's case is primarily 16 approximately 1983 to your retirement in 1990 17 between the years 1961 and 17 you were employed by the Plastics Engineering 18 1966 - 18 Company, also known as PLENCO, P-L-E-N-C-O, 19 THE WITNESS; That's correct. 19 as a manager for quality assurance. 2Q MS. MOHAN: -- that the vast 20 A That's correct. 21 majority of the documents arc 21 Q And you came to PLENCO, in part or 22 well beyond 1966, so they're 22 in whole, because the line of business 23 really not relevant to this 23 involving molding compounds was sold to 24 case. But we can talk about 24 PLENCO In 1982. Correct? 25 that taler. 25 A That's correct. Page 21 P.ljJC 2.1 1 A Plus, the formulation sheets, for 1 Q Okay. Now, your resume states 2 instance, were at! Issued -- or in use, 1 2 that you were employed by the General 3 should say - when we sold the business to 3 Electric Company from 1954 to 1983. 4 PLENCO. 4 A That's correct. 5 BY MS. BURR: 5 Q And that, by my calculation, is 29 6 Q Okay. In 1982. 6 years. Correct? 7 A in 1982. 7 A Twenty-nine years and eight months, to 8 (Exhibit Nos. 2 & 3 were marked for 8 be exact. 9 Identification.) 9 Q Did you get a watch at the end, or 10 BY MS. BURR: 10 what did you get? 11 Q We've marked, and you've seen, 11 A They shook my hand and said good-bye. 12 Barker 3. We're going to talk about this 12 Q Ail right. I thought a watch 13 document at greater length. But the question 13 would at least be appropriate. AH right. 14 t had for you was: Were you involved 14 From the end of your time from the last two 15 personally in the preparation of any of the 15 years, from '81 to '83, you worked as a 16 answers to that document? 16 manager for quality assurance. Correct? 17 A Involved in what? 17 A That's correct 18 Q Were you -- were you contacted to 18 Q Okay. And that, indeed, is the 19 help the attorneys prepare that document? 19 same title you assumed when you went from GE 20 A No, f was not. 20 to PLENCO. Correct? 21 Q HI take that back, Mr. Barker. 21 A That's right. 22 Okay. You've got your resume in front of 22 Q From 1970 to 1981 your resume 23 you. And you know, as we've indicated, we're 23 indicates that you were a manager of the 24 going to confine most all the questions here 24 GENEL product development? 25 to your time at the General Electric Company 25 A GENEL product development. PifiC 22 0 (Page* 21 to 24) Priorily-Onc Oouri Reporting Services - (73 8) 983-1234 06/23/2004 TUE 13:51 [TX/RX NO 8737] @010 06/23/2004 14.57 FAX McCarter a English llp 011/Q78 1 Q GENEL. Okay, And 1 gather that 1 Q I'm sorry. I missed the last 2 the GENEL product, at least from - well. 2 part GE- 3 strike that. 3 A They discontinued the use of asbestos 4 Was the GENEL product something 4 right across the board. 5 that was created In the 1970s, or did the G Q Right across the board. Okay. 6 product line preexist? 6 And when you say "right across the board," 7 A It's GE phenolic molding compound 7 you're limiting that to molding compounds. a section. 8 Correct? 9 Q That's what it stands for Okay, 9 A We didn't use asbestos any longer in 10 Now, under the years 1970 to '81, your resume 10 molding compounds. 11 indicates that you were - that you were 11 Q Okay, i just want to make clear, 12 involved and had received a joint patent for 12 you're not making that representation for 13 an asbestos-free, medium heat resistant 13 other divisions, other plants, other products 14 phenolic molding compound. Correct? 14 inGE? 15 A That's right. 15 A 1 can't speak for them at all. 16 Q And when did that patent issue? 17 A It was issued in 1974. 16 Q Okay. Now, can you tell me how it 17 was you were called on to develop this new 18 Q Who was the co-patent recipient 18 asbestos-free product? 19 with you? 19 A Wo got the word -! say "we," 1 mean 20 A Or. Frank Florentine. 20 me, GENEL R&D section whore 1 worked, had a 21 F-l-o-r-e-n-t-i-n-e. 21 staff meeting one day when we were told a 22 Q Okay. Doctor, is that M.D., or 22 decision had been made to discontinue the use 23 Ph.D.? 23 of asbestos due to the fact that asbestos had 24 A Ph.D. 24 been identified as a hazardous material. 25 Q And what was his specialty? 25 Now, our employees were working I'M? 2S hi*.: 21 1 A Welt, his degree was in organic 1 with raw asbestos on a daily basis, and it 2 chemistry. And he was probably Mr, Phenolic 2 was felt that it -- for the health and safety 3 in General Electric. 3 of our employoes, we should discontinue It 4 Q Is Dr. Florentine still alive? 4 and just stop using it. 5 A No. 5 Q Okay. You have any idea when that 6 Q Do you know when he passed away? 6 meeting occurred? What year you heard that? 7 A I'm going to say sometime towards the 7 A 1 want to say in early 1971. 8 end of the 1980s. 8 Q Now, prior to early 1971, had 9 Q Was he a fairly young man when he 9 there been any research and development for 10 died, or was he older than you? 10 an asbestos-free heat resistant compound? 11 A No. Ho was retired. In his fate 11 A No. 12 sixties. 12 Q Would you have been In a position 13 Q Do you know whether or not Dr. 13 to know in 1970 what everybody was doing that 14 Florentine suffered from any asbestos-related 14 was also employed in the phenol compound 15 disease? 15 product line, research and development, at 16 A Ho died of a liver problem. 16 Pittsfield? 17 Q Prior to the issuance of your 17 A Like across the board, what were wo 18 patent, was the asbestos-free medium heat 18 doing? 19 resistant compound on the market? 19 Q Yeah, 20 A Yes. 20 A 1 was working in product development. 21 Q Okay. What year did that come on 21 so just about every formulation that was 22 the market? 22 developed pretty much went through my office, 23 A As of November of 1972, GE 24 discontinued the use of asbestos straight 23 Q As of 1970, yog were the manager 24 of research & development Correct? 25 across the board. 25 A Development. Just die development Paftf 2(> 7 (Pages 25 to 28) Priorily-Onc Court Reporting Services - (7IS) 98:1-12,14 08/29/2004 TUE 13:51 [TX/RX NO 8737] @011 06/29/2004 14:58 FAX McCARTER & ENGLISH LLP @012/078 1 part, 1 they - 1 guess 1 was selected only because 1 2 Q t think we're going to have to 2 had more experience working close with the 3 probably go through a little bit about the 3 factory. 4 structure of the plant there in terms of your 4 Q Okay. And would you say that you 3 division. Sut we'll do that in a couple of 5 were successful after a year in boosting 6 minutes. Moving backwards in time, you spent 6 productivity? 7 a year, from `69 to '70, as manager for 7 A None of those plants were able -- one 8 manufacturing support? 8 of those systems we were able to bring from a 9 A That's correct. 1 was on a special 9 production rate of approximately 2,500 pounds 10 assignment in the manufacturing area to help ID an hour up to 3,500. The other one wo didn't 11 them increase their productivity. 11 do as well, but we did improve it somewhat. 12 Q Can you tell me, refreshing your 12 Q Okay. How - in the sixties, toil 13 recollection to the extent needed by your 13 me about the Pittsfield plant. Besides the 1 *1 resume, can you tell me what was involved in 14 - how do you say this -- the phenol molding 15 that year's project in terms of reaching the 15 compound, what else was made there? Were 16 goa) of increasing productivity? 16 there other things? . 17 A Prior to when? 17 A You mean in the entire Pittsfield 18 Q That year. 1969 to 70. What 18 facilities? 19 were you doing? 19 Q Yes, 20 A J was assigned to the manufacturing 20 A That was the headquarters of the GE 21 area. Had an office in the factory area. 1 21 transformer division. That was a major 22 had a couple of technicians working for me. 22 employer. They had both power transformers 23 And we were taking each formulation wo 23 and distribution transformers being 24 manufactured, following tho production of 24 manufactured in Pittsfield. 25 factory equipment, to see what we could do to 25 G Any idea how many employees GE had I'jipc 2') Pace U 1 help them increase their productivity. 1 assigned to that division? 2 Q Okay. And this was -- you spent 2 A In that period. I'm going to say in 3 some time observing the workers actually 3 the neighborhood of 10,000. 4 making the compounds. Correct? 4 Q Your product division, the phenol 5 A Right. 5 line -- 6 Q And you spent some time examining 6 A The GENEL products section employed 7 tho equipment that they were using? 7 about 400. 3 A More or less trying to find ways to 8 Q Well, was the GENEL product line 9 utilize the existing equipment to increase 9 manufacturing section housed separately in 10 the productivity of the plant. In other 10 Its own building? 11 words, if a system was making compound at a 11 A Yes. Wo started in 1960, we were in 12 rate of, say, a thousand - 3,000 pounds an 12 one building. Building 36. During the 1960s, 13 hour, what could we do to get that up to 13 we acquired from the transformer division 14 around 3,600 pounds an hour? We had a couple 14 another building, 32, and expanded our 15 of units in that plant that were really 15 facilities in there. 16 operating well below their rated capacity. 16 Q Okay. And when you assign numbers 17 Q And what was the problem? Did you 17 to buildings, 1 presume it's because there 18 come to some determination as to why they 18 are 36 buildings, at least. 19 were below capacity? 19 A That's just a building number. You 20 A What was the determination for mo to 20 mean in -- 21 go down there and do that? 21 Q in this whole complex. 22 Q Yeah. 22 A The whole complex they had over 80 23 A Oh, it was a case of the management of 23 buildings. 24 die GENEL section thought the plant should be 24 Q So it's fair to say prior to 1960, 25 running at a higher rate of efficiency, so 25 the phenol unit was housed within some part hijtr VJ Page S'f- 8 (Pages 29 to 32) Priority-One Couit Reporting .Services - (718) OS?-1'2?4 06/29/2004 TUE 13:51 [TX/RX HO 8737] @012 06/23/2004 14:58 FAX MCCARTER S ENGLISH LLP @013/078 1 of the transformer unit? 1 system it was made on. 2 A Yes, it was. 2 Q Okay. Now, were there different 3 Q Okay. And during the sixties, you 3 - was the equipment different in the 4 acquired your own space from the transformer 4 production of the three types of molding 5 unit? 5 compound that 1 understand there to be, that 6 A Correct. Weil, extra space. 6 being general purpose, heat resistant, and 7 Q Extra space. Was - 7 impact resistant? 8 A Building 32. 8 A They were all made - they were all 9 Q Okay. So during the 1960s, after 9 made on the same types of equipment. 10 you acquired Building 32, was the entire 10 Q Were those molding compounds all 11 phenol unit in Building 32, or was part of it 11 made in the same building, either 32 or 36? 12 still in 36? 13 A No. We operated both buildings. 14 Q Okay. Were these buildings 15 together, In close proximity? 18 A Across the alley from each other. 12 A That's the only two manufacturing 13 facilities wc had. Those two buildings. 14 Q Right. So, is it fair to say that 15 you made both - ail of those products in 16 both of those buildings? 17 O Okay. Was there a way to 17 A Correct. 18 distinguish what activities went on in each 18 Q And within the GENEL product line, 19 building? 19 is that what we're talking about, strictly 20 A Similar. Both buildings had similar 21 type equipment in them. 22 Q Okay. And where was the research 20 molding compound. Correct? 21 A Exactly. 22 Q Three types of molding compound? 23 and development offices held? 23 A Well, there was a fourth, iow-voiume 24 A Research and development was about a 24 material called Rubber Phenolics. 25 mile and a half away. 25 Q Okay, is there a - strike that. Pm* :>' Pitt* 35 1 Q Okay. Still within the greater 1 1 understand that Die Molding 2 complex known as the Pittsfield plant? 2 generally used some kind of an extrusion 3 A Yes, it was. It was located in 3 process in order to make their molds. 4 Building 105. 4 Correct? 5 Q So it was not a matter of you just 5 A They use a what? 0 strolling over to look at the production 6 Q An extrusion process? Is that 7 equipment. You'd have to drive there. 7 fair to say? 8 A Yeah. We'd have to drive down. 8 A Die Molding? 9 Q Under this resume, in the year '69 9 Q Yeah. 10 to '70, you indicated that you issued 10 A As 1 say, 1 was never in the operating 11 operating instructions for every grade of 11 plant, but 1 was quite familiar with our 12 material being produced in the factory. The 12 technical service engineer that called on 13 first time in 40 years such documentation 13 that plant. And he described it to me as 14 existed. What did you mean by that? 14 pretty much compression molding or transfer 15 A Well, every material we manufactured, 15 molding. That would not involve extrusion. 16 they weren't ail made on the same type of 16 Q Okay. 1 apologize. Because I 17 equipment. And to manufacture it, the 17 don't have the greatest understanding of 18 operator was pretty much on his own as to how 18 this. And it's very hard when you don't see 19 ho would run that equipment. And we just 20 felt that if there was a set of operating 19 equipment in operation to understand all 20 this. 21 instructions, everybody made it the same way, 22 doing it the same way each and every time, 23 you're going to get a better product. 24 So wo decided to write operating 21 A Extrusion is pretty much a 22 manufacturing process to make compound. 23 Q Oh, to make compound. Okay. 1 24 guess that's what i need an understanding of, 25 instructions for every material for every 25 the phenol product division, because in Page Jd (`'aw y> 9 (Pages 33 to 36) Pi'nuiiy-Qna t.'owl Reporting Services - (71 ft) VH3-1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] @013 06/29/2004 14:58 FAX MCCARTER & ENGLISH LLP @014/078 1 looking at the GE documents that we have, a 1 position? 2 lot of which predate your time there, the 2 A Sometime in '69 or 70, they changed 3 thirties and the forties, ifs pretty clear 3 die name from chemical material department to 4 to me that GE was both making the molding 4 the plastics department, and the phenolic 5 compound and making molds. 5 molding compound section was renamed GENEL 6 A GE, up until sometime in the late 8 So my title changed from manager, compound 7 fifties, was also a molder. And along 1928, 7 development to manager, GENEL product Q at that time, they were strictly a molding. 8 development. 9 but they decided to go into the manufacturing 9 Q Okay. During this time period, 10 of phenolic molding compound for their own 10 it's indicated in your resume that you 11 molding shop only. They did not sell on the 11 discovered a liquid coating system that was 12 open market 12 used to lay dust in phenolic compounds.- 13 Q Okay. And sometime in the 13 A That's correct. 14 thirties they began to sell on the open 14 Q Can you explain this for us? 15 market? 15 A Sometime about prior to 1967, one of 16 A 1948. 16 our competitors introduced what they call a 17 Q 1948? After World War II? 17 dust-free compound. And it became highly 18 A During the war years, that molding 18 desirable in the molding shop because it made 19 shop was strictly defense type work. Now, at 19 for a much - much cleaner housecieaning. So 20 that time, it was the largest molding shop in 20 ail - everybody in the business was - 21 the world. 21 demanded to develop a similar material. 22 O So is it your testimony that after 22 Of course, we didn't know what our 23 the late fifties, there was no more molding 23 competitor was using, so we all had to go out 24 operation out of Pittsfield? 24 and find our own system. And we found a 25 A Sometime In the 1950s, they moved that 25 liquid that would be blended on the powder lK.i|W 1*7 l^f-e ^ 1 operation to Taunton, Massachusetts. 1 that would lay the dust so it wouldn't rise 2 Q Okay. And do you know in the 2 when the bags were opened and dumped. 3 sixties whether GE was still actually molding 3 Q Cm sorry. So it blended into the 4 at that time? A powder so the dust wouldn't rise when the bag 5 A It was in the fifties they moved it. 5 was dumped? 6 Sometime in the late fifties, early sixties, 6 A Yeah. Usually, if you opened the bag 7 they sold it to a company called Hercules. / and dumped it, there would be a dust cloud 8 Q Okay. And, then, what they sold 8 that would rise up. And this coating system 9 was the operation that was then - that had 9 just made the dust heavy enough that it 10 then baen moved to Taunton, Massachusetts. 10 wouldn't rise. 11 A That's right. 11 Q Who wore GE*s big competitors for 12 Q Which was a molding facility. 12 phenol molding compound? 13 A Strictly a molding operation. 13 A in the 1961 to 1966 era I'm going to 14 Q Ail right. Was a reason why GE, 14 say Union Carbide, Durez, PLENCO. Those were 15 that you know of, decided to get out of the 15 the big ones. 16 molding business, as opposed to -- 16 Q Okay. 17 A They just felt selling the molding 17 A There were a few small ones like 18 compound was a more profitable business with 18 Dallght. Then, of course, the 19 more growth potential. 19 highly-specialized phenolic producers like 20 Q Back to your resume, between 1967 20 Rogers, Fiber-Rite, Rezonoid. We competed 21 and 1969, which is a two-year period, you 21 with them in some areas. 22 listed your title as manager for compound 22 Q Some of the ones you've just 23 development. 23 mentioned, you don't know who it was who 24 A That's correct. 24 first came out with this - 25 Q What were your duties in that 25 A Dust free? hit* :t 1'ajj.c -40 10 (Pages J7 to 40) Priority-One Court Rvpoilirii' Services -{71 IS) 983-1234 06/29/2004 TUE 13:51 (TX/RX NO 8737] @014 06/29/2004 14:58 FAX MCCARTER & ENGLISH LLP @015/078 1 O - dust-free or dust-reducing 1 A it was a requirement working either in 2 compound. 2 the factory or the pilot plant, that you had 3 A Union Carbide. 3 to wear safety glasses and safety shoes, both 4 Q Had there been complaints that you 4 of which were provided by the company. 5 were made aware of by GE's customers 5 Q Is it fair to say you had access 6 concerning the dust levels encountered with 6 to the paper dust masks from the beginning, 7 the product that was sent? 7 from 1954, as you started as a lab 8 A Once Union Carbide introduced a 8 technician? 9 dust-free material, all of our customers 9 A Access to? 10 started saying, "When are you guys going to 10 Q As to the availability of the 11 do it?" 11 paper dust masks? 12 Q Okay. But prior to that, what had 12 A Yes. 13 you heard? 13 Q Okay. They weren't something 14 A Priortothat.no. It was just an 14 introduced during your time there? 15 accepted fact of life, 1 guess. 15 A No. it was there when 1 arrived, in 16 Q Okay. Do you know whether or not 16 the factory, the production people were ail 17 Union Carbide's development of this was 17 provided with a clean set of coveralls and a 18 related in any way to concerns over the 18 clean set of long Johns every day. And they 19 inclusion of asbestos as an ingredient in -- 19 were also provided with towels and soap to 20 A Not at that time. 20 shower before they left. 21 Q --compounds? 21 Q Okay. We'll get to it when we 22 A Pm sorry. \ shouldn't have butted in 22 look at the answers to the interrogatories. 23 so soon. Not at that time. At that time, it 23 But at some point, GE did introduce into the 24 was strictly a housekeeping matter. 24 production facilities the availability of 25 Q Is it fair to say from your first 25 respiratory equipment. Are you aware of f'iijic *11 J-'ajJW 43 1 ten years you were working your way up 1 that? 2 through the ranks at GE? Correct? 2 A Once the asbestos issue started 3 A Yes. That would be a good way of 3 arising, they did como up with the 4 putting it. 4 canister-type respirators. 5 Q And you were initially hired as a 5 Q Okay. When was this? 6 iab technician? 6 A 1971. 70,71. 7 A Yes, 1 was. 7 Q I'm going to refer you to the 8 Q Okay. Can you tell me what was 8 document we marked right here. Plaintiffs' 3, 9 involved in that particular job? 9 have you turn to Page 26, sir. At the very 10 A I would be assigned to a product 10 top, ni read the response.for you, and then 11 development engineer. He would do the ideas 11 you can wait for my question, 12 on what he wanted to do to a compound to 12 At the top of Page 26, which is an 13 improve a given property. Then it would be 13 answer to interrogatory number 27 on page 25, 14 my Job to make the material on a laboratory 14 it says, "GE states that respirators and 15 scale and do the testing required. 15 masks were made available to workers in GE's 16 Q During this time period when you 16 phenolic molding compound factory in 17 were working as a lab technician, did you 18 routinely use any kind of respiratory safety 17 Pittsfield, Massachusetts beginning in the 18 late 1950s or early 1960s. It is believed at 19 device? 19 some point in time masks and respirators may 20 A Depending on what we were working 20 have become mandatory for those employees 21 with. And usually we used those little paper 21 involved in portions of GE's phenolic molding 22 dust masks. And that was usually done if we 22 compound operations in Pittsfield, 23 were working with a real dusty material. 24 Q And other personal safety 23 Massachusetts. GE provided all employees 24 with overalls which GE also laundered. 25 precautions? 25 Employees were provided showers and changing Pap: 42 44 11 (Patfes 41 to 44) Priority-One Court Reporting Services - (718) 083-1234 08/29/2004 TUE 13:51 [TX/RX HO 8737] @015 06/29/2004 14:68 FAX HcCARTER & ENGLISH LLP 016/078 1 facilities and were required to change out of 1 A The production people were alt members 2 their overalls before leaving the factory 2 offUE 255. 3 each day." 3 Q Okay. 4 in looking at what I've just read, 4 A It's a national union of electrical 5 which was GE's response to Interrogatory 5 workers. 6 Number 27, is your memory refreshed In any 7 respect with regard to the masks and 6 Q But your division, research and 7 development, there was no union? 8 respirators? 8 A The salaried employees were not 9 A Well, when 1 talked about my wearing 9 represented. No. 10 them the first ten years of my employment, J 10 Q Okay. And you were salaried the 11 was in the laboratory. And we weren't 11 entire time you were at GE? 12 required to wear them. They were just made 12 A Except for the first six months when 1 13 available to us. And they were the paper 13 worked in the transformer division. 14 dust mask at that time. 14 Q Okay. When you worked in the 15 Now, in the factory, ( never saw 15 transfer division, were you working as a 16 anybody wear them, even after they became 16 production worker? 17 mandatory. Very few people. 17 A Yes. t was a welder. 18 Q Okay. Oo you think they became 18 Q What years was that? 19 mandatory In or about the 1970s when OSHA 19 A 1953. 20 changed its regulations? You think that's 20 Q On the transformer side in 1953, 21 when it became mandatory? 21 were any of the production workers wearing 22 A Yeah. But even then, they wouldn't 22 respiratory equipment or masks? 23 wear them. See, it was a - especially in 23 A At that time, no, because we were not 24 the summer months. It was a dirty job. Guys 24 working with anything that would require it. 25 sweat a lot. Put those respirators on, it 25 ' I'iiffi: 45 Q Okay. Asbestos is a component of >';ijjc47 1 just made them sweat even more. And it was 1 the transformers, isn't it? 2 just too uncomfortable for them. 2 A Yeah. But not in the part 1 worked 3 Q Okay. As far as you know, in the 3 in. i worked in what they call the tank 4 1950s -- strike that. 4 shop, and manufactured the big tanks that the 5 When you started working as a lab 5 transformers would be mounted in. 6 technician, did you ~ you regularly employed 6 Q Okay. 7 the use of the dust mask. Correct? 7 A That was ail steel work. 8 A When i was working with real dusty 0 Q Those tanks weren't - 9 equipment, yes. 9 A Steel. 10 Q Okay. Do you know whether, in 10 Q Did you have ah - strike that. 11 fact, GE issued any kind of bulletins or 11 Oo you have a recollection of the 12 notices to its employees strongly or not so 12 greater aspects of the transformer production 13 strongly recommending that they use masks on 13 business? 14 the assembly lino? 14 A Not really. So long ago, and 1 was 15 A We would have occasional group 15 just involved in that one part of production. 10 meetings, and safety would always come up. 16 Q Do you know whether or not at some 17 And the safety engineer would always toil us, 17 point those tanks were insulated either 18 "The dust masks are provided. You guys 18 inside or outside with asbestos? 19 should wear them. It's mandatory. You guys 19 A They were filled with oil. 20 should wear them." It just went unheeded. 20 Q So the answer's no? 21 Q Were you a member of a union, sir? 21 A Yeah. Yes. 22 A l was not. 22 Q What was the first - when was the 23 Q Was there a union involved for any 23 first time that you can say you were 24 of the workers in the research product 24 personally aware that asbestos was known to 25 development? 25 be hazardous to human health and could cause rape 46 J*iic4Si 12 (Pii]>cs 45 fo4S) I'rtority-One Court Reporting Services (718) 9X1-1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] 016 06/29/2004 14:59 FAX MCCARTER & ENGLISH LLP 31017/078 1 can cor? 1 A Z-o-l-k-o-w-s-k-i. Richard Bedel. 2 A There was an article, 1 believe it was 2 Harold Oles. 3 the Wall Street Journal, about some air 3 Q O-I-d-s? 4 samples that had been taken at Times Square 4 A O-l-e-s. 5 showing that the air in Times Square exceeded 5 G O-l-e-s. Okay. 6 tho threshold limits for asbestos. And i can 6 A Ferris Smith. Jennie Spayczek. 7 remember, 1 believe it was my boss, Frank 7 Q That was a female? 8 Florentine, saying, "This may bo bad news for 8 A S-p-a-y-c -1 can't remember. 1 9 us.M 9 think St was a z-x. 10 Q Do you know when that was? What 11 decade? 10 Q S-p-a-y -- could it be c-z-e-k? 11 A Yeah. 12 A '69 or '70. It wasn't long after that 12 Q Something like that Jennie? 13 we began to get the word that we were going 13 A Louie Plass. 14 to stop using asbestos. 14 Q Dewey? 15 Q Did you have an awareness that 15 A Louie. Or Louis. Plass. P-l-a-s-s. 16 there were regulations that came out from the 16 That's about the only ones 1 can remember. 17 federal government in or about 1972 that 17 Q That's a pretty good recall. 18 established threshold values for asbestos? 18 That's a real good recall. Do you happen to 19 A 1 was never made aware of them until 20 this Times Square study showed up. 21 Q Wore you a member during your time 19 know if any of these people are still living? 20 A 1 know Dick Bedel is still alive. 21 Dick Zolkowski moved to California. 1 lost 22 at GE of any industry union? 22 track of him. Jennie is stttf alive. She's 23 A l wasn't. No. 23 got to be in her eighties today. Louie Plass 24 Q Who was your superior in the 1954 24 and Ferris Smith are both gone. Harry Oles 25 to 1959 time frame when you were working as a 25 is still alive. ('my* <!> Viipc M 1 lab technician? 2 A Dr. Florentine hired me in 1954. 1 3 worked for him until he retired with the 4 short exception 1 was in the plant as a 5 process control technician. 6 G Okay, And Dr. Florentine's actual 7 position was what? 8 A He was manager, phenolic research and 9 development or GENEL research and 10 development. 11 Q And when you were a lab 12 technician, how big was that department? 13 A When 1 was first hired, the R&D 14 section had about 34 employees. 15 Q Okay, And this ranged from the 16 research chemists to the lab technicians to 17 the secretaries? That would be everybody? 18 A Yes. 19 Q How many lab technicians besides 20 yourself? 21 A Nine. 22 Q You remember the names of any of 23 those coworkers? 24 A Richard Zolkowski. 25 Q Could you spell his last name? 1 Q Do you think Jennie and Mr. Bedel 2 and Mr. Oles live In Massachusetts still? 3 A They all live in the Pittsfield area. 4 Q Of the ones that are alive, were 5 they all with you for all 29 years? 6 A No. 7 Q Who was there the longest? 8 A The only one that lasted - stayed as 9 long as 1 did was Harry Oles. 10 Q What was Mr. Oles' position at the 11 time you were talking? 12 A He worked pretty much in the metharon 13 area, which is independent of the phenolic 14 molding compound. It was a liquid-coated 15 resin. 16 Q Did Zolkowski and Bedel and Jennie 17 work in the phenol molding? 18 A Bedel did. Jennie worked in the 19 physical test lab. 1 don't know what 20 happened to Dick Bedel. 1 just happen to 21 know he's in Pittsfield because his father 22 recently died, and 1 read his name in the 23 obituaries. 24 Q Okay. During your time as a (ab 25 technician and in the tests that you ran to I'aflc 52 13 (Pagra 40 to 52) Priority-One Court Reporting Services - (7] 8) 9S3-I214 06/29/2004 TUE 13:51 [TX/RX NO 8737] @017 06/29/2004 14.59 FAX KcCARTER * ENGLISH LLP 018/078 1 try out the formulations, did you ever 1 going off Ihe record, The lime 2 personalty work with raw asbestos? 2 is approximately 10:54 a.m. 3 A 1 also worked In making laboratory 3 (Short recess taken,) 4 batches of phenolic molding compounds. 4 THE VIDEOGRAPHER: We are 5 Q That's what 1 mean. 5 back on the record. The time is 6 A Yes, 1 did use raw asbestos. 6 approximately 11:03 a.m. 7 Q You handled that material 7 BY MS. BURR: 8 yourself? 0 Q Okay, Mr. Barker, we're resuming. 9 A 1 did. $ We were talking about your time as a process 10 Q Do you know where it came from? 10 control technician. 11 A At that time, in the sixties, 1 was 11 A Right. 12 working as a lab technician, 1 should say. 12 Q Okay. 1 think the last question 1 13 Q That was the fifties. Late 13 asked you was whether or not during that time 14 fifties. 14 frame, *59 to '62, you personally employed 15 A It all came from ~ at that time, H 15 the use of dust masks or other respiratory 16 was called Ruberoid. Later GAP. The fields 16 protective devices when you were out in the 17 were located in Vermont. 17 plant. 18 O Do you recall whether or not G 18 A No, 1 did not. 19 purchased asbestos for the molding compound 19 Q Okay. Do you recall, and can we 20 formulations from Johns-Manville at any 20 agree that at least on a voluntary basis, 21 point? 21 such devices were available to both yourself 22 A We did start using Kelly asbestos. We 22 and the plant workers? 23 never used Johns-Manville. No. 23 A They were. 24 Q Do you have any knowledge as to 24 Q Okay. And this was the time 25 whether or not GE was a customer of 25 frame, *59 to '62. 1 think at this point, it l\i|Of 53 55 1 Johns-Manville in any of its other divisions? would be good for you to tell us -- and 1 2 A No. 2 don't want you to get too technical, but if 3 Q Okay. From *59 to '62 - that's a 3 you can sort of give us the broad overview as 4 three-year period - you were listed as 4 to how a phenolic molding compound Is made. 5 a procoss control technician. And 1 think 5 And we'll define the discussions to the types 6 you indicated that put you back out into the 6 of phenolic molding compounds that contained 7 plant? 7 asbestos. AJI right? 8 A Yos. t worked in the manufacturing 8 How were they put together, and 9 engineering area during that period. And the 9 how would the operator get the materials 10 job was kind of a varied job. There were 10 mixed to come out with the end product? 11 certain inspections that had to be made on 11 A Weil, we'll start with die mixing 12 the manufacturing equipment on a weekly basis 12 floor In the compound plant. Phenolic molding 13 which was my job to do those inspections, 13 compound was roughly -- these are just rough 14 like checking temperatures of bearings and 14 numbers - roughly 50 percent resin, 50 15 packings on the various mixers, grinders. IS percent fillers. 16 Q Okay. During that time frame, did 16 Q Okay. This would be true of the 17 you personally employ the use of respiratory 17 high impact type that contained asbestos. 18 equipment when you were in the manufacturing 18 A For any phonolic compound. And the 19 end? 19 resin content, when you get into a mineral 20 A No, 1 didn't. No, 1 did not 20 fill compound, which would be the heat 21 Q Okay. We're going to take a break 21 resistant grades or asbestos-containing at 22 now, Mr. Barker, so the videographer can 22 that time, would require a less resin. In 23 change her tape. 23 the neighborhood of 40 percent. Deponding on 24 A Okay. 24 what the material is going to be used for 25 THE VIDEOGRAPHER: We are 2S determined what other fillers went in besides Part* 5-1 I'llJJC 14 (Pages 53 lo 56) i' riority-Oiic Court Reporting Services '(718) 083-1234 06/29/2004 TUE 13:51 [TX/RX HO 8737] 0018 06/29/2004 14:59 FAX mccarter 4 English llp @019/078 1 asbestos. 1 The material is constantly going back and 2 At that period of time, our most 2 forth. 3 common heat resistant materials were 3 Q Okay. So nobody had to stand 4 materials known as 12980 and 12981. One 4 there with a big shovel and stir the stuff? 5 being classified as high heat That would be 5 A We had a guy lose two of his legs in 6 12980. The other being 12981, medium heat G one of those once. That was enough. This 7 The high heat would be, say, 40 7 blending process, mixing process would go on S percent resin, 30 percent asbestos, powdered 8 until the mixer was empty. The mixer was 9 coal, wax, and dye would make up the 9 constantly being emptied and being fed to a 10 formulation. 10 compounding system, usually what we refer to 11 Q When you say dye, you mean - 11 as a double roll system. 12 A D-y*e.. 12 The roils would be two rolls about 13 Q To color it? 14 A Color it. 13 two foot In diameter, five foot long, turning 14 against each other at a speed of 15 Q What about the medium? 15 differential, the front roll going slightly 16 A Hmm? 16 faster than the rear roll. Then there would 17 Q What about the formulation - 17 be a heat differential on the two rolls. 19 A The medium? The coal would be 18 The rear roll and the upper roll 19 replaced with wood filler. It would be a 19 being in the temperature range of around 240, 20 good heat resistant material, but wouldn't 20 250 degrees, front roll about 120. This 21 take temperatures as high as the other one. 21 tends to make the sheets as K was formed 22 Q Okay. Wood filler instead of 22 adhere to the front roll. And every fifteen 23 coal. Would the percent of the asbestos 23 seconds or whatever time was determined to be 24 still be about 40 percent? 24 the process time, a knife would come in and 25 A Probably a little less. Maybe down 25 peel off about a third of the sheet that was P,V;r 57 1 around 30. 1 on that roll, and it would drop it onto 2 Q When you talk about percent, 2 another set of roils down below. 3 you're talking about the overall weight of 3 Hero the back roil would be cold, 4 the product? 4 cold water going through it. The front roll 5 A Correct. Say youVo got a 3.0GQ pound 5 would be about 120,130, whatever. It would C batch of raw material. Thirty percent of 6 stay on there for about 20 seconds, the 7 that would be 900 pounds. All these 7 materia! constantly falling down from up 8 materials would be dumped into a mixer, which 8 above to keep a full sheet on that roll, and 9 is nothing but a blender mat would blend the 9 every 15,20 seconds a knife would come in 10 material together physically. 10 and peel off about a third of that, drop it 11 Q You say It's a mixer. How big 11 onto a belt conveyor which would transfer 12 would this thing be for a typical batch? 12 that cut sheet to what we would refer to as a 13 A Three thousand pounds. 13 cracking roll, which would take the sheet and 14 Q So it would hold 3,000 pounds? 14 break it up into chips about like this. 15 A Yes. It would be. 15 Q Would those chips be what would bo 16 Q Pm envisioning a mixer bowl. 16 known by molding people as pellets? 17 A No. Picture something a U-shaped 17 A This is just the beginning of the 18 blonder, and you would have a shaft going 18 grinding process. 19 down the center of that Mender, and it would 19 Q Okay. 20 have a big blade going around the outer side 20 A These chips would then bo fed into a 21 of it. 21 hammer mill, which would break them down even 22 ft would be moving the material 22 finer. So coming out of that hammer mill 23 constantly towards the one end of the back 23 nothing would be over, say, half inch in 24 row. And on that same shaft lower down would 24 diameter. Then It would be packed over a 25 be another blade moving it back this way. 2 5 sifter or classify the coarse material, and PftC 58 r,.ipn cio 15 (Pages 57 to AO) Priority-One Court Repwliuj: Services - (71X) 083-1734 06/29/2004 TUE 13:51 [TX/RX NO 8737) @019 06/29/2004 14.59 FAX McCARTER 8 EN6LISH LLP @ 020/078 1 the top screen of that sifter would be, say. 1 Q Did you know Die Molding to be a 2 a ton mesh of U.$. standard sieve series of ten 2 customer of GE in the fifties and sixties? 3 mesh. Anything coarser than that would be 4 sent back to the grinder to be broken down 3 A 1 heard them mentioned as a customer, 4 yes. We were a very small supplier to them. 5 even farther. 5 Q Do you know what they made? 6 What passed through would go over 6 MS. MOHAN: Objection, Who made? 7 another screen beneath itf which would be a 7 MS. BURR: Die Molding, 3 50 mesh screen. That would remove the finer 8 MS. MOHAN: In Ihe lime period -- 9 particles. So everything between 10 and 50 9 BY MS. BURR: 10 would then be transferred to another, bigger 10 Q In the time period when - when 11 mixer like the one we just talked about, but 11 you were a process control technician. 12 they take five or six batches from those 12 A That would be, again, the pot handle 13 premixers, of the smaller mixers, would end 13 business. You know, sauce pans, fry pans, 14 up in that big back row, called the product 14 that kind of thing. 15 back row. 15 Q As you sit here today, do you know 16 When wo finished, that product 16 how - how the product was packaged to Die 17 blender would have about 15,000 pounds of 17 Molding? 18 material, all finer than ten mesh, coarser 18 A i don't know. 19 than 50 mesh. 19 Q Okay. When you talk about bags 20 Q Okay. This material was hard 21 formed at this point? 20 and drums, you're talking about the high 21 impact - I'm sorry - the heat resistant 22 A Yes. 22 asbestos-containing products? 23 Q Hard to the touch? 23 A Correct. 24 A Yes. It would be hard. 1 mean, you 24 Q Okay. Do you know why it was from 25 could put It between your finger nails. With 25 GE's standpoint that there was a use of both <>l Page 63 1 a mineral filler, you couldn't even break 1 bags and drums? 2 it. You could try to squeeze it between your 2 A The customer determination. They 3 finger nails. You couldn't even break It. 3 would tell us how they wantod it shipped. 4 Q Okay. The high heat, you're 4 Q Now, this is the product that when 5 talking about? 5 it was dumped, then, would create a dust 6 A Yeah. Or even a OP, you couldn't 6 cloud. Correct? 7 break it 7 A It would create a dust cloud. 8 Q Okay. You could not break it by 8 Correct. 9 just snapping It with your fingers? 9 Q Okay. During the '59 to '62 10 A it would be too small to get a hold of 10 period when you were a process control 11 it. 11 technician, did you see the end product In 12 Q Okay. 12 its bags or drums? 13 A But that would be the product that we 13 A Did 1 see it? 1 watched them package 14 would ship to our customers. 14 it. 15 Q Okay. All right. Now, this 15 Q Do you know whether or not there 16 product, then, would go into bags or boxes. 16 was any kind of warning labels on any of 17 Right? 17 those drums or bags - 18 A rd say about 60 percent of what we 18 A No. 19 made went into Kraft paper bags. And that's 19 MS. MOHAN: During the period 20 Kraft with a K. 20 of time ~ 21 Q Okay. 21 MS. BURR: That he worked as 22 A And I'm going to say about another 20, 22 a process control technician. 23 25 percent of it would be sold in fibered 23 A During that period of time, no. 24 drums. The balance of it, a lot of customers 24 BY MS. BURR: 25 had their own containers. 25 Q Let me finish the question. Pjrc to Page rid 16 (Pa2.es 61 in 64) Priority-One Ooiul Reporting, Services * (7IS) 963*1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] @020 vts/zv/zvon 14:59 FAX MCCARTER & ENGLISH UP @021/078 1 A I'm sorry. 1 for the automotive during that time frame. 2 Q From 1959 to '62, when you worked 2 Later on we did. 3 as a process control technician end had more 3 Q Okay. So, 1 take it with regard 4 of a day-to-day observance of the production 4 to Die Molding you have a pretty good idea 5 process, did you ever notice any labeling on 5 what was sold? 6 the bags or drums of the high heat-resistant 6 A Yes. 7 compounding material warning of its contents 7 Q Is that from your own 8 of asbestos? 8 recollection, or is that from the meetings 9 A J did not. 9 with the attorneys? 10 Q Okay, Do you know whether there 10 A No. That's my own recollection. See, 11 was any labeling on the product at all other 11 working in the plant and the system, there 12 than a batch number? 12 would be an inspection card hanging on a 13 A No. 13 clipboard right by a back row. 14 MS, MOHAN: During this time? 14 Q Okay. 15 BY MS. BURR: 15 A And the quality control people would 18 Q During that time period. 16 sample that blender every hour and put their 17 A Not at that time. 17 test results. On the top it would say what 18 Q Would there be a batch number on 18 the material was, what the blend number was, 19 the product? 19 who the customer was. 20 A There would be a product number and a 20 Q Okay. What were they testing for 21 batch number. 21 every hour? 22 Q And a product number signified 22 A Properties that had to be tested -- 23 what? 23 Q The composition had to be right, 24 A Well, we talked about 12980,12981. 24 the percentages of -- 25 And there would be what we call a blend 2G A Well, they wanted to check the throw pujw <> FVigC 67 1 number, and then the container weight, 1 or the plasticity of material on an hourly 2 Q A blend number? Okay. And 2 basis to see if we're in specification, the 3 container weight? 3 apparent density of the powder, the rigidity 4 A Yeah. 4 of a molded part. 5 Q Okay. So, for the record, 12980 5 Q Okay. 6 and 12981 are the product numbers for 6 A Moisture analysis. 7 asbestos-containing compounds? 7 Q Okay. So it's fair to say that 8 A Correct. 8 during this molding compound making process 9 Q Any other product numbers for 9 there's a point, at least in the premix 10 asbestos-containing compounds that you can 10 stage, whore you're doallng with a powder and 11 recall? 11 later a mold? 12 A In that time frame, 12916. 12 A Well, you deal with a powder to make 13 Q What kind of compound was that? 13 compound. 14 A That was a material GE used as a pot 14 Q Okay. But this compound product. 15 handle material, if Die Molding were buying 15 when it comes out, Is this hard stuff. 16 from us, that would most likely be the 18 Right? 17 product. 17 A Yes. 18 Q Okay. If 1 told you Die Molding 18 Q Ultimately, that has to be at the 19 -- and I don't know that they did -- but 19 molding end liquefied again. Right? In -- 20 if i told you they bought product from GE in 20 in the process of making a mold? 21 the sixties for automotive molded parts, like 21 A Weil, when you put it in a mold, the 22 distributor caps or things like that, would 22 material melts into a substance that's about 23 there be a different product number or line 23 like day. And it flows out and fills the 24 for that material? 24 mold. Then it cures. 25 A I'm not aware of selling them anything 25 Pajjfl {<> Q Right. a i'aift 6H 17 (Pa^es (>S Jo 68) Priority-One Court KepoilinR Services -(7IK) `W3-1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] @021 06/29/2004 15:00 FAX mccarter & English llp @022/078 1 A Like cures. That means the material 1 form. 2 - just forms into a solid part. 2 Q Was the asbestos pretreated in any 3 Q Right. And, then, ultimately, 3 way before it was added into the mix process? 4 that solid part then goes and is into a 4 A No. 5 finishing process. Correct? 5 Q Okay. So it would be dumped lr> 6 A That's correct. 6 the containers it arrived in? 7 Q Now, at the time - well, with 7 A Correct. 8 regard to Die Molding, we'll agree that it's 8 Q Do you know what kinds of asbestos 9 a - for lack of a better word, a custom 9 was used by GE? 10 molding house. Right? 10 A We bought a product from GAP at that 11 A Right, 11 time frame called 7TF. 12 Q They made certain molded product 12 Q 7? 13 for certain applications. Correct? 13 A T. 14 A Yes. 14 Q As In Tom? 15 0 At the time you were employed as a 15 A Right. 16 process control technician, *59 to '62, was 17 GE itself already out of the molding 16 Q F. Okay. The GE interrogatories 17 indicate that that asbestos was a type of 18 business? 18 what they call chrysotile. 19 A At that time, we were. 19 A It was. 20 Q So none of the molding compound 20 Q You're familiar with that term? 21 was being used In house at that time? 21 A Yes, 1 am. 22 A That's true. 22 Q And there are other types of 23 Q It was ail going out to customers? 23 asbestos as well. Do you know what they are? 24 A A lot of our customers would be other 24 A (Vo heard the name, but 1 can't 25 GE accounts. 25 recali them. AO I'atfC 7] 1 Q Okay. Like who? 1 Q Does crocidoiite ring a bell? 2 A GE housewares. Circuit breakers. 2 A Yes. That's one of them. 3 Meter bases. Wiring devices. Lap bases. 3 Q Do you know whether or not any of 4 Q Okay. So those were -- those 4 the phenol molding compounds made by GE 5 shipments to those other GE divisions, were 5 during your time there ever contained 6 they all outside of Pittsfield? 6 crocidoiite? 7 A Yes. That would be referred to as a 7 A The only asbestos l`m aware of using 8 captive molding operation. In other words, 8 was chrysotile. 9 every part they molded they were going to use 9 Q Okay. And this either came from 10 themselves. 10 GAF, Ruberoid, or Carey Canada. Correct? 11 Q Okay. I'd like an understanding. 11 A That's correct. 12 if you could give me one, in the context of 12 Q There weren't any formulations 13 the manufacturing of, you know, every 3,000 13 that come to mind that used any other type of 14 pound batch of tills molding compound 14 asbestos? 15 containing asbestos, at what point and how 15 A No. 16 was die asbestos introduced into the mix? 16 Q Was there any reason why there 17 A In die mixing stage, 1 would dump the 17 were no formulations employing use of 18 asbestos, any of the other fillers that wore 18 chrysotile? 19 going in there, like wood filler or coal, the 19 A Not that I'm aware of. 20 wax, the dye, the resin, would all be dumped 21 into this mixture, and then just dry mixed 20 Q Okay, if 1 told you that one of 21 GE's competitors In the specialty field, 22 together. 22 Rogers, used crocidoiite in some of its 23 Q So all these materials, including 24 the resin, were dry at the start? 23 compounds, would you know why that was? 24 A No, 1 wouldn't. 25 A That's correct. It's all powdered 25 I'ujw 70 Q Okay. V?. 18 (Pages 69 to 72) Prioiiiy-OtiL' Court Reporting Services (718) 983-1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] 0022 06/23/2004 15:00 FAX McCarter * English lip a 023/078 1 A Rogers was a highly specialized 1 Q Would it likely have boon one of 2 company. 2 these companies that was GE*s competitors? 3 Q Okay. But does the use of 3 A It was not a competitor. It was not a A crocidoUto impact - strike that. 4 competitor. 5 Does die use of crocidolite 5 Q Did you ever have to sign a 6 increase the heat resistance in any respect? 6 noncompete agreement during the time you 7 A 1 wouldn't know. 7 worked at GE? In other words, you couldn't 8 Q In other words, you found the use 8 go to one of these competitors for phenolic 9 of chrysottte sufficient to meet the needs of 9 molding compounds? 10 the product that GE was trying to 19 A l was not -- the only time 1 was ever 11 manufacture? 11 told that was when l left GE in 1983 or told 12 A That's right. 12 I couldn't go to any of our competitors, and 13 Q Now, from '62 to '64, you were a 13 1 questioned why because they weren't our 14 compound technologist. Correct? 14 competitors any longer. 15 A That's right. 15 Q Okay. In fact, you did go to a 16 Q What's the difference between a 16 one-time competitor. 17 compound technologist and a laboratory 17 A They said that was okay because PLENCO 18 technician? 18 bought our technology. 1 was part of the 19 A tt's an - when 1 took that title, 1 19 package. 20 took that job, the man 1 relieved was a 20 Q Okay. What were the job duties, 21 product engineer. But because 1 had no 21 then, of the engineer you took and then was 22 degree, they wouldn't give me the engineer's 22 retrained as a compound technologist? 23 title. That created the compound 23 A Well, it was kind of a varied job. 24 technologist title. 24 One would be someone shows up to get a raw 25 Q Do you know who your predecessor 25 material he wants to sell us. it would be I'aw: y;i Pajie T> 1 was, the engineer? our job to check it out and see if there was 2 A A man by the name of Tom Custer. 2 any advantage to using that material or if it 3 Q Do you know whether Mr. Custer is 3 was just a competitive type of material, is 4 with us or not with us anymore? 4 there any advantage to using that versus what 5 A 1 don't know for sure. I've lost 5 we wore using. 6 track of him. The last heard - and this 6 A need would come along for a 7 was about ten years ago - he was somewhere 7 special property needed in a compound to 8 out in Illinois. 8 develop such a compound. 9 Q Do you know how long he worked for 0 Q Okay, in this time frame, *62 to 10 GE? 10 *64, did you over meet with any of the 11 A 1 don't 11 asbestos manufacturers' representatives in 12 Q Did he depart at the time that 12 the context of that job? 13 you -- 13 A No. 1 didn't. 14 A He was there when 1 came. 14 Q Okay. There was no - no 15 Q Okay. Was he there when you took 15 competition among them for <5E"s business? 16 that job as compound technologist? 16 A 1 just had - in my position, 1 17 A No. He left, and 1 took his place. 17 didn't actually talk directly to salesmen. 18 Q Okay. He actually left - 18 Those would be about the only asbestos people 19 A He left the company, yes. 19 that would come in. 20 Q As opposed to going anywhere else 20 Q Okay. 1 thought you just told me. 21 within the GE family? 21 though, you did deal with the suppliers of 22 A He left GE and went to another 22 the raw material. 23 company. 23 A Yeah. But the purchasing people would 24 Q Do you know where he went? 24 bring the samples in. They talked to the 25 A i don't know. 1 can't recall. 25 purchasing people, the purchasing people PARC 7.1 y-.iat 7<i I1) (Pages 73 to 76) Priority-On^ L'wrt Reporting Services - (71X) 983-1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] 023 06/29/2004 15:00 FAX McCarter & English llp @024/078 1 would ask R&D are we interested, we would 1 climbing up a flight of stairs. 2 request a sample, purchasing would get It 2 Q Were you ever in the library? 3 Q In this time frame, do you know 3 A Yes. A few times. Yes. 4 whether or not any of the packaged material 4 Q What kind of things were collected 5 that came in from the asbestos manufacturers 5 there? 6 contained any kind of warning labels? 6 A For instance, one time 1 went through 7 A Not to my knowledge, 1 never saw 7 an operation where we were trying to work, 1 a one. 8 was limited to my physical things 1 could 9 Q And, again, during this time 9 do. And there was a patent challenge being 10 period, did GE put warning labels on any of 10 filed against us by Union Carbide, and l was 11 its compound product, high heat-resistant 11 given the task of patents research. 12 compound product? 12 Q Did you actually do patent 13 MS. MOHAN: l`m sorry. What 13 research in the library there? 14 time frame are we talking about 14 A Yeah. They give me - give me a list 15 now? 15 of patent numbers that J had to look up and 16 MS. BURR: When he was a 16 find out patent dates, whether or not they 17 compound technologist. '62 to 17 actually contained patents filed on what we 18 '64. 18 were doing. 19 A No, they didn't 19 Q Was there a - strike that. 20 BY MS. BURR: 20 Did you have books, then, that you 21 Q Okay. Was there ever any 21 could look up patents in? Or was there some 22 discussion up to 1964 concerning whether or 22 kind of an on-line rudimentary computer 23 not there should be any kind of a warning 23 search? 24 label put on the compound product that 24 A As 1 recall, there was a big set of 25 contained asbestos? 25 books by patent numbers. And you'd get that h.i-.; 77 vy 1 A No, there weren't We had -- wo had 1 patent number and then go get the copy of the 2 no idea at all asbestos was going to be -- 2 patents. 3 the company used for what it did. 3 O Okay. Do you know whether or not 4 Q Was there any kind of a research 4 they collected industry pamphlets. 5 library at that Pittsfield plant facility? 5 newsletters, brochures, other types of 6 A Yes, they did. Had a pretty extensive 6 information? 7 library in tho headquarters building. 7 A That we put out? 8 Q Where was the headquarters 8 Q Weil, not we, meaning your -- not 9 building? 9 the phenol division of GE. But within the 10 A On Plastics Avenue. That was that 10 industry plastics, okay, One Plastics Avenue 11 building 105. 11 and this Pittsfield facility did turbine 12 Q Is that the same building that 12 work. Right? 13 research and development was in? 13 A Right. 14 A Yes. 14 Q Did phenol molding compounds. 15 Q Where was that library in relation 15 Right? 16 to your group of work space or offices? 16 A Well, that was one thing that was in 17 A It was on the second floor of the 17 that building. 18 building, which would be up above us. It was 18 Q Right. What else? 19 a U-shaped building, and we wore on the south 19 A Weil, there was corporate 20 wing of the building, and they would be on 20 headquarters. 21 the west Wing. 21 Q But what other production 22 Q Okay. It's a place that people In 22 facilities? 23 your department could readily access and walk 23 A There were no other production 24 to? 24 facilities in that building. Actually, ours 25 A Oh, yeah. It was Just a matter of 25 was not production. It was a pilot plant. 7X 1'uf;c tlif 20 77 lo 80) 'f'ri*>rify-Ouc Court Reporting Services - (71X) 083.1234 06/23/2004 TUE 13:51 [TX/RX NO 8737] @024 ut>/*a/k!UU4 15:00 FAX mccarter & English llp 0025/079 1 Q 1 don't mean the building. 1 moan 1 A Right. 2 the plant 2 Q Okay. 3 MS. MOHAN: Are you talking 3 A Plastics probably employed about 500. 4 about the complex? 4 The rest would be Naval ordnance. 5 MS, BURR: Yes. The 5 Q Okay. When you say plastics, 1 e> complex, The whole complex up 6 mean, the operation at Pittsfield was pretty 7 there in Pittsfield, 7 much limited to phenolic molding compounds. 8 A The entire GE complex? 9 BY MS. BURR: 8 Correct? 9 A The production part. In tho 10 Q Yes. 1 realize GE had plants all 10 laboratories - well, for instance, the Lexan 11 over the U.S. Correct? Okay. But in 11 development process would be in -- done in 12 Pittsfield they made turbines? 12 building 105, also. 13 A Transformers. 14 Q Transformers, 1 mean, rather. 13 Q Okay. So the research and 14 development of the laminated -- lamination 15 A Transformers was tho biggest part of 15 side of the plastics business was - 16 it by far. 17 Q Okay, Then the phenol molding 16 A The Lexan part. Not Jaminato. 17 Q Okay. Tho Lexan part was in 18 compound. What else? 18 Pittsfield? 19 A After transformers would be the Nava! 19 A It was in Pittsfield. Correct. 20 ordnance systems. Defense systems. 20 Q But the production was elsewhero? 21 Q Anything else? 21 A At that point, there was no production 22 A Then we had the phenolic plant. 22 of Lexan. It was still in the development 23 Q Now, you told us earlier this 23 stage. They had not built facilities for 24 morning that when GE did molding, and was in 24 production. 25 the commercial market as a moider, that was 25 Q Okay. For the record, what's Pap.: ft! 1 done at Pittsfield. Correct? And then It 1 Lexan? 2 was moved to ~ 2 A Lexan is the resin known as 3 A Taunton. 3 polycarbonate. It's used - well, glazing, 4 Q Taunton? Right? The space it 4 for instance. Window glazing. But it's used 5 took up at GE Pittsfield, was that filled 5 in so many applications today. 6 with some other kind of manufacturing 6 Q Okay. This is a product that's 7 facility? 7 still being used? 8 A Transformer division took It over. 8 A Oh, yes. It`s the biggest part of GE 9 Q Was there asbestos used in the 9 plastics. 10 transformer production process? 10 Q When did the Lexan product come 11 A 1 don't know. 11 onto the market? 12 Q On a hundred percent scale, how 12 A Commercially? 13 much of the business was transformer, how 13 Q Yes. 14 much was Naval ordnance, how much was 14 A In the 1960s sometime. Late sixties. 15 phenolic at GE Pittsfield in the 1960s? 15 Q And, so, all the research and 16 A Space, in percentage of space? 16 development for this product went on at 17 Q Percent of business. 17 building 105 in Pittsfield? 18 MS. MOHAN: Employees? 19 BY MS. BURR: 18 A Building 105, yes. 19 Q Okay. Now, from '64 to '67, your 20 Q Well, yes. Employees, 20 title was specialist, compound development? 21 A 1960s, I'd say GE employed maybe 21 A That was a promotion from compound 22 10,000 people. Pd dare say about 8,000 of 22 technologist. 23 those would have been transformer. 23 Q Okay. We're talking about a 24 Q Okay. We're talking the 24 monetary promotion? 25 Pittsfield complex? 25 A Yes. l'ajj* 21 (Pago Si u> 84) Priority-One c.N.uift Reporting .Service?; - (718) 083-1234 06/29/2004 TUE 13:51 TX/RX NO 8737) @025 06/29/2004 15:00 FAX MCCARTER & ENGLISH LLP @026/078 1 Q Okay, Was there any significant 1 of switching from GAF to them. 2 difference in your job duties? 2 Q Okay. What was the actual 3 A Not really. Just an expansion of 4 them. 3 function of asbestos in terms of its use in 4 certain types of molding compounds? 5 Q Okay. You said as a compound 5 A You mean the percentage? 6 technologist you were Involved what, in the 6 O No. Why was it"- why was tt 7 development, in the refinement of the 7 used as opposed to some other kind of filler? 8 formulations? Would that be fair to say? 8 A Asbestos was a very unique mineral. 9 A Development. Refinement. Raw 9 It offered great heat resistance, which not 10 material evaluations. 10 many minerals will. But also, the very thing 11 Q During this time frame, *62 to '67 11 that made asbestos hazardous was the fact 12 when you worked as tho compound technologist 12 that rt was fibrous, ft offered strength to 13 and specialist, do you recall doing any 14 testing with the asbestos, the raw asbestos 13 the material that other minerals couldn't 14 match. 15 products? 16 A Was 1 involved in doing what with 15 Q When you started working in the 16 seventies to perfect a formula that was 17 them? 18 Q Any kind of testing with the raw 19. asbestos products. 17 asbestos free and yet heat resistant, what 18 did you find to take its place? 19 A Weil, at first we thought we were just 20 A Wc looked at different sources of 21 asbestos. 22 Q What do you mean sources? 23 A Other vendors, for instance. Uke you 24 mentioned Johns-Manville. We did investigate 25 Jobns-Manvillc. 20 going to be able to substitute another 21 mineral. And we found out it wasn't going to 22 be that easy because of the fact that other 23 minerals didn't offer the heat resistance 24 asbestos did, or those that did offer it had 25 other bad features to them. J'|W K7 1 Q Was there something about the 1 We found that platy talc offered 2 product that was different or something about 2 the heat resistance we were looking for 3 the price? 3 Q Pm sorry? 4 A Well, the vendor would give a good 4 A Platy talc - 5 sales Job to the purchasing people about why 5 Q You might spell that. 6 wo should use his product versus what wo were 6 A - offered the heat resistance. 7 using. Sometimes it would sound plausible, 7 Q Can you spell that term? 8 so we said, '`Let's take a look at it." 8 A Platy? P-l-a-t-y. 9 Q Well, if we*rc talking about g Q Okay. That's a mineral? 10 chrysotilo asbestos, what were you being told 10 A Yeah. Talc. 11 that would make one product better than ii Q T-e-l? 12 another? 12 A Pardon? 13 A Well, let's take tho two that we did 13 MS. MOHAN: T-a-i-c. 14 use, GAF and Carey. At one time towards the 14 A T-a-l-c. 15 end we were using both. Carey asbestos is 15 BY MS. BURR: 1C pure asbestos. The GAF asbestos was about 45 16 Q T-a-l-c. Oh, talc. 17 percent contamination. 17 A Like talcum powder. That's what 18 Q Okay, Contamination of what? 18 talcum powder Is, talc. But it didn't have 19 A Carey turned out to be a more pure 19 the fibers. So, naturally, the strength 20 form of asbestos, and at that time a better 20 wasn't there. So we figured that's going to 21 asbestos. These vendors would come in and 21 be simple to fix. We just put a fibrous 22 tell us, "Weil, we have a more pure form of 22 cellulose -- a little bit of cellulose into 23 asbestos in GAF." And most times we'd find 24 out that wasn't true or it wasn't that much 23 the mix, and we thought we had It, never 24 giving a thought to the fact that talc Is the 25 more pure, and them really was no advantages 25 softest mineral known to man. Page H6 J'ufy; 22 (Pages fi5 to 88) Priority-One Court Rqjortinfc Services ' (718) 983-12114 06/29/2004 7UE 13:51 [TX/RX HO 8731] @026 06/29/2004 15:01 FAX McCarter en6lish llp 0 027/078 1 And during finishing operations in 1 for some other formal name that you can 2 the Moses plant, the surface was broken. 2 remember? 3 Instead of a nice, shiny black part, you had 3 A You're not old enough to remember the 4 kind of a chalky gray part. So we had to put 4 comic strip Skippy. That was a very popular 5 a harder mineral in there In addition to the 5 comic strip back in the thirties and forties. 6 talc. So it turned out to be a combination 6 Q You don't know what these guys - 7 of things wc had to do In order to replace 7 their given names were? 8 asbestos. 8 A Let's see. 9 Q So it was a combination of things 9 Q Skip - Ed. Skip Cyr. TO and an arduous process. Is that fair to say? 10 A Oh, Skip Cyr. 11 A That's right. 11 Q Edward Keegan. Okay. 12 Q Okay. In that later time frame. 12 A Adrian was Skip Cyr*s name. Every one 13 '64 to '67, had you noticed in connection 13 of those guys with the exception of Arden, 14 with your work In - at the plant and in the 14 every one of them are dead. 15 production side of it whether or not there 15 Q They're all dead, right? Any of 16 was a greater use of masks or respiratory 16 them die from asbestos-related disease that 17 devices in the making of the compounds? 17 you know of? 18 A 1 never noticed it. No. There were a 18 A Ed Meacharn had some sort of a nerve 19 few people, 1 mean, that wore a mask all the 19 disease. 20 time. 1 mean, it wasn't because of the 20 Q These guys die from old age? 21 asbestos. They used to use them anyway. 21 A Herbie Dalton with a heart attack. 22 Q Do you remember the names of those 22 Yes. They were all retired when they died. 23 people? 23 Ed Meacharn was the only one that wasn't 24 A No, 1 don't. 24 retired. 25 Q Was there anybody that you were 25 Q Now, you think Paul Winnard might r-.iiic s<> 1 particularly close to on the production side still be alive? ^ 2 whose name you can recall? 2 A Who? 3 A You mean production workers? 3 Q Paul Winnard? 4 Q Yeah. Or their supervisors or 4 A Paul Winnard is still alive. Yes. 5 foremen? 5 Q Where is he located? 6 A Oh, yes. A foreman, Herbie Dalton. 6 A Pittsfield. 7 Skip Cyr. 7 Q What was his job? B Q Wart a minute. Herbie Dalton? 8 A He was a foreman. 9 A Skip Cyr. C-y-r, 9 Q How old a guy would he be now, you 10 Q Skip. 10 think? How old a guy would ho be now? 11 A Ed Meacharn. 11 A Paul? Pushing 80. 12 Q M-e-e -- 12 Q So he was older than you? 13 A M-e-a-c-h-a-m. 18 A Yes. He's older than 1 am. 14 Q C-h-a-m. Okay. 14 Q Okay. 1 think what we're going to 15 A Bud Colvin. 15 do is go back to the interrogatories at this 16 Q Bud Colvin? 16 point. I'm going to ask a couple of 17 A Colvin. C-o-l-v-i-n. 17 questions. I'll refer you to the pages, but 18 Q It's that Massachusetts accent. 18 there may not be as many questions now. One 19 A Paul Winnard. 20 Q Can you spell his last name? 19 question 1 have, though, to the extent that 20 GE made what was known as general purpose 21 A W4-n-n-a-r-d. 22 Q Winnard. Okay. 21 molding compound - there's no page. 22 To the extent that GE made general 23 A What was the other one? Skip Keegan. 23 purpose molding compound - 24 Q Skip ~ Skip was a popular nick- 24 A Yes. 25 name in those days. Was it always a nickname 25 Q -- did any of that contain rage 02 Priorify-Oue O.wr? RcpocUny, Sew ices - (7IX) 0R3-1234 23 (Pages 89 to 92) 06/29/2004 TUE 13:51 [TX/RX NO 8737] 0027 06/29/2004 15:01 FAX McCARTER & ENGLISH LLP @ 028/078 1 asbestos? 1 Q So there was no reason, at least 2 A Some of it contained a very small 2 up untii the time its hazards were known, 3 amount. Like two, three percent. 3 right, not to use asbestos? 4 Q Do you remember the lot numbers 4 A That's right. 1 mean, asbestos was a 5 for any of those or the production numbers? 5 mineral. That's all it was considered. 6 A One that comes to mind is 12402. 6 Q Do you know when 12402 and 12977 7 Q 12402? 7 came into being and when they were sold? 8 A Yes. 12977. That's the only two that 8 A 12402 sometime in the mid fifties. 9 1 can recall that 1 can definitely say had 9 Early fifties, I'm going to say. 10 it. 10 Q 12977? 11 Q Was there a particular reason why 11 A It had to be ready for the 1955 model 12 the formulas for these numbers contained any 12 year, automobile model year. 12977, sometime 13 asbestos? 13 in the 19 - early seventies. 14 A Cathy and 1 discussed this one time, 14 Q I'm sorry, in the - IS Q Cathy Mohan, you mean? 15 A Sometime in the early seventies. 16 A She asked that same question. Pretty 16 Q Okay. But i thought -1 thought 17 much there were three minerals that we used 17 you said that as of the early seventies, GE 18 pretty much across the board in our general 18 made a determination they weren't going to 19 purpose compound. And the reason for a 19 put asbestos in any of their products. 20 mineral in a GP compound is to give the 20 A That's true. Maybe 977 preceded 21 material some body. Or without it, the 21 that. 22 material is considered friable. 22 MS. MOHAN: Don't guess if 23 By friable, that means it breaks 23 you're not sure. 24 up very easily when they rub against each 24 MS. BURR: Yeah. Right. 25 other. Minerals tend to make the material 25 A It had asbestos. It had two percent Pane1** P.1RC 05 1 harder so dial wouldn't happen. Every guy 1 asbestos. 2 that developed molding compounds had his 2 BY MS. BURR: 3 favorite mineral. And the guy that developed 3 Q Okay. 1 don't know if 1 asked 4 those two compounds, obviously asbestos was 4 this question. If 1 did, 1 apologize. But 5 his mineral. 5 do you have a recollection in terms of 6 1 think had 1 developed that same 6 product numbers and satos to Die Molding? 7 compound, it might have been aluminum 7 A No, 1 don't. 8 silicate or calcium carbonate rather than S Q Okay. If we agree that they were 9 asbestos. Depending on which one was his 9 in the pot and pan handle business in large 10 favorite. 10 measure, would their purchases have been the 11 Q But why do you say that? Because, 11 high heat-resistant compounds? 12 you know, when we were talking about asbestos 12 A it would have been for that particular 13 earlier, you said it was, for all intents and 13 application. 14 purposes, it was a fairly virtuous product 14 Q And we talked about impact 15 A They made a fill compound where it was 15 resistant moldings. Correct? 16 a principal filler. That was true. But in a 16 A Impact -- 17 GP compound, when you're only putting it in 17 Q Impact resistant moldings? 18 for one small reason, any mineral would do 18 Meaning that they were - there's four types 19 the job. 19 of moldings we taiked about earlier today. 20 Q Yeah. But was asbestos more or 20 The heat resistance, the impact resistance, 21 less expensive than the other -- 21 the general purpose, and the specialized -- 22 A No, They're ail about die same 22 A Rubber filled. 23 price. Fairly inexpensive. All of them. 24 Fairly inexpensive. Less than two cents a 23 Q Rubber molding. Okay. With 24 regard to the last, the rubber molding -- 25 pound. 25 A Yes. 1`aftc 94 r.'ifiC <Ni 24 (Pages 93 lo 96) Priority-One Court Reporting Services - {71R) 983-1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] @028 06/29/2004 15:01 FAX hccarter & enblish lip @023/078 Q -- do you know whether or not GE 1 A l can think of soldering guns, for 7 sold any of that to Dio Molding for any 2 Instance. 3 roason? 3 Q Solder guns? 4 A Mr. Dew's deposition, which I did 4 A Guns. 5 read, said that they did usq a rubber - 5 Q G-u-n-s? 6 rubber filled compound from GE. Because GE 6 A S-o-l-d-e-r, g-u-n-s. 7 was the only one that made that compound. 7 Q Yes. 8 Q And 1 recall that testimony 8 A Their cases are molded without an 9 myself. What would they have been using it g impact rate. That's only because a guy's 10 for? Do you know? 10 liablo to drop it. That's the type of 11 A According to Mr, Dew, it was a knife ii application - underneath a dashboard In a 12 handle. 12 car it's likely to get kicked. Anyplace 13 Q Did the rubber compound contain 13 where it's liable to take some kind of a 14 any asbestos? 14 sudden shock. 15 A No. 15 Q Okay. Now, with regard to the 16 Q Now, the impact resistant 16 impact resistant molding compounds, did those 17 compound, that type of compound was promoted 17 contain asbestos? 18 as being strong but not necessarily 18 A No. Not even small amounts. 19 heat-resistant Right? 19 Q Okay. It would just seem - and 1 20 A It was not a heat-resistant series at 20 don't mean to argue with you - it would just 21 all. 21 seem to me that it would, If you take on the 22 Q Would you say it was a stronger 22 mineral asbestos because of its fiber nature. 23 compound than a general purpose compound? 23 fibrous nature, tended to make it stronger. 24 A Yes, it was. 24 MS. MOHAN: Is there a 25 Q So ifs safe to say that it woutd 25 question in there, because it Kigf '>7 1 have some specialized uses in terms of a 2 molded product. Right? 3 A Yeah. If people needed something that 4 was going to be impact resistant. In other 5 words, it had to be stronger. 6 Q Okay. Can you give me some types 7 of products? 8 A Some of the numbers? 9 MS. MOHAN; Are you talking 10 about examples? 11 MS. BURR: Examples of 12 products that would have employed 13 impact resistant molding. 14 A Electrical - automotive electrical 15 switch cases, for instance. 16 BY MS. BURR: 17 Q What's a switch case? 18 A Any kind of a switch underneath your 19 dashboard. Headlight switch. Dimmer 20 switches. Whatever. There's a casing on 21 that switch. 22 Q What about general household use? 23 A Like what? 24 Q Products for general household 25 use. Anything like that? t'ilBf 1 just sounded like a statement to 2 me? 3 MS. BURR: 1 know. 4 MS. MOHAN: There is no 5 question pending. 6 BY MS. BURR; 7 Q There's no question. But you're 8 saying GE never used asbestos In its high 9 impact - 10 A The cellulose fibers we used were very 11 strong. 12 Q -- cellulose fibers? 13 A Yoah. 14 Q Okay, Let's turn to page nine. 15 Okay? 16 A Page nine? This would be on page 8. 17 Q Okay. And I'm looking at the last 18 - when he gets there. 19 A Got to be here somehow. 1 got it. 20 Q Okay. The last full paragraph 21 that starts out, "GE produced several grades 22 of GE's phenolic molding compounds." 23 A Mmm-hmm. 24 Q Just read that to yourself. 25 A Pardon? uw 25 (Pages 97 to 100) Priority-line Court Reporting Services - (71$) `W.M234 08/29/2004 TUE 13:51 [TX/RX HO 3737] @029 08/29/2004 15:01 FAX mccarter & English llp @030/078 1 Q Just read that paragraph to 1 12:18 p.m. 2 yourself, and then Pll ask you a question. 2 BY MS. BURR: 3 A Yes. "GE produced several grades of 3 Q Mr. Barker, before we start with 4 GE's phenolic molding compounds." 4 another question, 1 just want to make a note 5 Q Okay. The statements made in this 5 for the record that we put every other named 6 interrogatory, which is in response to 6 defendant on notice of this deposition, and 7 question seven, interrogatory number seven, 7 nobody has deemed it necessary to show up 8 the statements made at the end of that 8 today. But for the record, wc want to state 9 paragraph that the majority of phenolic 9 that they were all properly noticed of this 10 molding compounds produced by GE did not 10 event on this date, time, and location, and 11 contain asbestos. Okay? 11 that GE would be producing you as a witness. 12 A That's true. 12 Okay? 13 Q Okay. And we know - you'VQ told 13 A Very good. 14 us that nono of the impact-resistant compound 14 Q i think when we left off, we were 1ft contained asbestos, that most of the general 15 going to talk about your knowledge of Die 16 purpose compound did not contain asbestos, 16 Molding in terms of how much product it 17 and ail of the heat-resistant compound did 17 bought from GE. 18 contain asbestos. Okay? 18 A Yes. 19 A Correct. 19 Q Okay. Do you have any knowledge 20 Q And, then, there was the side 20 In terms of thousands of pounds per week, 21 specialty, the rubber compound, for Jack of a 21 month, or year, how much product was 22 batter word. 22 purchased? 23 A Yes. 23 A 1 don't have the slightest idea. At 24 Q Of those four groupings of 24 that point in my career, I really wasn't that 25 compound, on a scale of 100 percent of GE's 25 close to the volumes of materials. ' 101 raise i. 1 phenolic molding compounds business in the 1 Q okay. Overall, on an annual basis 2 1960s, can you tell me what percentage of 2 when (talk about all of the phenol molding 3 sales was of the heat-resistant molding 3 compound produced at Pittsfield, can you 4 compounds? 4 state that in terms of millions of pounds or 5 A Phenolics I'd say would represent 5 billions of pounds? 6 probably less than one percent. It was very 6 MS. MOHAN; I'm going to -- 7 small. The others I'm going to say were 7 can you put a time frame on that? 8 about equally divided in size. 6 BY MS. BURR: 9 Q Okay. And we're talking about 9 Q In the 1960s. 10 GE's total business to ail customers. 10 A I'll give it to you in three 11 Correct? 11 breakdowns. 12 A Correct. 12 MS. MOHAN: She's talking 13 Q Okay. And with regard to Die 14 Molding, okay -- 15 We'ii ask you more specifically 13 about the 1960s. 14 A In the 1960s, l*m going to say about 15 40 million pounds. 16 with regard to Die Molding in a second. 16 BY MS. BURR: 17 We're due to take another break. Okay? 17 Q Okay. Per month, per week, per 18 A Okay. 18 year? 19 THEVIDEOGRAPHER: We are 20 going off the record. The lime 19 A Year. Annual. 20 O Okay. Correct me if I'm wrong, 21 is approximately 12:01 p.m. 22 (Short recess taken.) 21 but I think you indicated that with regard to 22 the heat resistant molding compound, that was 23 THE ViDEOGRAPHER: We're back 23 but a small percentage of the 40 million 24 on the record. This is tape 24 pounds on an annual basis that was produced? 25 two, The time is approximately 25 A Heat resistant represented about a r.i|5 102 l*9K<S IfM 26 (Pages 101 lo 104) Priority-One Court Reporting Services (7 3 8) 683-12:,!4 08/29/2004 TUE 13:51 [TX/RX NO 8737] @030 06/29/2004 15:01 FAX MCCARTER & ENGLISH LLP @031/078 1 third of that. 1 after you had produced -- 2 Q Pm sorry. 1 did misunderstand. 2 A After the fact. After 1966. 3 Okay, So 33 percent or 3 third of 40 million 3 0 I'm sorry? 4 pounds would be -- 4 A After 1966. 5 A Approximately 30. S Q Okay. So prior to 1966, there was 6 Q Right Would bo the heat 6 no - no effort that you know of or no 7 resistant molding compounds? 7 testing that you know of within your lab to 8 A Correct. 8 control the dust that was generated from this 9 Q Okay, We were talking before that 9 operation of dumping your finished products 10 tlie raw material that wont to Die Molding 10 from its shipping container into someplace 11 from GE, the actual - 11 else? 12 A Finished product. 12 A That would be kind of a technical 13 Q - finished products of your 13 answer, but yes, we did, in that we used to 14 molding compound, that when that was dumped 14 control what we used to refer to as fines in 16 out of its container, it would create a cloud 15 the finished product. And we put that at a 16 of dust. 1 think that's ~ 16 level to keep the dust to a minimum. 17 A Correct 17 Q What caused the dust? 18 Q -- the words you used. 18 A The grinding operation. 1 talked 19 A Correct. 19 about friability. The grinding process where 20 Q Was this something you would have 20 that ribbon blender grinding these particles 21 actually witnessed or only heard about? 72 A You couldn't avoid not seeing it. 21 against each other and it would just break 22 off fine particles. 23 Q Okay. 23 Q Do you know like if you ~ well, 24 A 1 mean, it wasn't going to blot out 24 do you know the size of the bags or drums 25 the air, but it was thick enough so that you 25 that your products normally shipped in? J*ai;c tW H>7 1 could see it 1 A We shipped in fifty pound bags. That 2 Q Okay. But you weren't at Die 2 was the standard bag weight The drums, we 3 Molding when these things occurred or any of 3 and all of our competitors used three sizes. 4 these other places, were you? 4 A 55-gallon drum, a 59-gallon drum, and a 5 A I'd be in other plants. 1 never saw 5 61 -gallon drum. 6 it at Die Molding. 6 They could hold anywhere from 250 7 Q Okay. Did you do some tests -- 7 to 300 pounds of material. 8 test runs yourself to see at any point how 8 Q Okay. Now, if you dumped one of 9 bad the dust was that was generated In that 9 the smaller fifty-pound bags out onto the 10 operation of emptying the container? 11 MS. MOHAN: I'm going to 10 floor, right, for instance, do you know how 11 much -- how high the dust would rise in the 12 object to that question. 12 air? 13 BY MS. BURR. 13 A Ten, twelve inches. 14 Q Weil, he can answer. You can 14 MS, MOHAN: Don't guess if 15 answer it If you understand what 1 mean. 15 you don't know. 16 A Well, we mentioned earlier about Union 16 BY MS. BURR: 17 Carbide introducing a dust free, and how i 17 Q Yeah. Don't guess. Do you know? 18 developed the method of allaying dust in our 18 A I'm just guessing. 1 don't know -1 19 compound. Yes. We did develop a testing. 20 After that point, we did develop a test to 21 determine what level of dust was actually 22 visible. 19 cant really give you an answer. 20 Q Okay, is this response, would 21 that be the same for the larger drums, that 22 you don't really have a -- 23 Q Okay. 24 A It was done on a scale of one to five. 23 A The trouble with drums -1 can't 24 speak for Die Molding. But just about every 25 Q Okay. So this was all - this was 25 molding shop I'd ever been to that was using PltRC H)6 27 (PugCK IO.S { J08> Priority-One Cowi Reporting Services - (718) 983-1234 06/23/2004 TUE 13:51 [TX/RX HO 8737] @031 06/29/2004 15:02 FAX McCarter & English llp 0 032/078 1 material shipped in drums used a vacuum 1 block was going to be, how many connections 2 system to unload them. And the vacuum system 2 - I've seen thorn no bigger than a pack of 3 would go into a - what they call a cyclone, 3 cigarettes. I've soon them as big as 12 4 where they collected material before it went 4 inches high, 8 Inches wide, three inches 5 into the hopper they were eventually going to 5 thick. 6 dump it into. And on tho bottom of that, 6 Q Okay. But with regard to the type 7 they had a canvas stocking hanging. It 7 that Die Molding was making, do you knew what ft would rest on top of the pilo of material in 8 they were making? 9 tho hopper. 9 A 1 don't know. 1 never saw what they 10 And there would be no dust there, 10 were, what they were for. 11 because the material would just fall in the 11 Q Do you have any personal knowledge 12 closed container. And in the cyclone where 12 as to when it was that Die Molding was 13 the dust was being generated, H would just 13 purchasing GE product for its terminal Mock 14 be sucked off to a dust-collecting system. 14 molds? 15 Q Okay. But, then, if that was IS A As 1 said, f wasn't familiar what Die 16 true, what was the source of the need for a 16 Molding was using or -- 17 system of reducing the dust that was first 17 Q Okay, Weft, you said you knew 18 dovoloped by Union Carbide, then you guys? 18 they were in the handles for pots and pans? 19 A Well, like 1 said, about 60 percent of 19 A Yeah. 1 knew they were that That's 20 it was In paper bags. They were dumped. You 20 why 1 say, they had to be using 12916 from 21 know, manually dumped. 21 GE. Because that was our offering. 22 Q Fair enough. On page 14 - by 72 Q Do you know what - would there 23 page 14, rm referencing page 14 of the 23 havo boon a different product number from GE 24 interrogatories for General Electric in 24 associated with molding compounds for 25 response to question 12. About midway in 25 terminal blocks? uw 1 that first paragraph It says, "In addition, 1 A I don't know what Die Molding used for 2 GE's phenolic molding compounds were sold to 2 terminal blocks. Most of the terminal blocks 3 Die Molding Corp. for use and manufacture of 3 other companies - they used an impact 4 terminal blocks for electrical components. 4 crate. 5 The terminal blocks contained approximately 5 Q Okay. This interrogatory response 6 30 percent chrysolite asbestos." 6 says that it used - the terminal blocks 7 Can you toll me what - what a 7 contained approximately 30 percont chrysotile 8 terminal block for an electrical component 8 asbestos. So from what you told us, they had 9 is? . 9 to be buying a heat-resistant grade. 10 A A terminal block is a - It's a 10 A If It contained 30 percent asbestos, 11 connection for a number of different wires 11 it had to be a heat resistant 12 coming into a -- you look at it, you see tho 12 Q Looking back at your - was there 13 lithe metal screw. You'd hook a wire. 13 any period - strike that. 14 Underneath there would bo another one. There 14 Did there ever come a point where 15 would be a set of these. Depending on the 15 GE put any kind of warning label on any of 16 size of the blocks, there could be as many as 16 its compound product that contained asbestos? 17 36 terminals in there. 17 A Not to my knowledge. 18 Q Okay. I'm thinking like a battery 18 Q Okay. That would be right up to 19 terminal in a car? 19 and including - 20 A No. I'm thinking more a connection of 20 MS. MOHAN: You're just 21 a number of wiring systems all coming into a 21 talking about the 1960s, Right? 22 central point. 22 MS. BURR: No, I'm moving 23 Q Okay. How big is a typical 23 now - now I'm moving right up to 24 terminal? 24 the point where l said that hs 25 A Depending on how big the terminal 25 J'ilRtS | U) first skirted working on the ?3flC Hi ?8 (Pages 100 to 112) Priority-One Conn Reporting Services -(7l8) 983-1234 06/29/2004 TUE 13:51 [TX/RX HO 8737] 0032 Ob/29/2004 15:02 FAX MCCARTER & ENGLISH LLP 033/078 1 asbestos-free heat-resistant 1 discussions, would you have been involved in 2 compound, which was in the early 2 that level of discussion? 3 part of 71. 3 A Not really, it would just be passed 4 A Right. 4 down to me. S BY MS. BURR: 5 Q Okay. I know you're not here to 0 Q Right? And 1 think you totd us 6 testify about the safety hygiene issues or 7 that that compound came on the market in 73? 7 specialties because you're not a safety 8 A Well, the decision was made in 1971 to 8 hygienist. Correct? But 1 was going to ask 9 discontinue the use of asbestos. We just 9 you -- do you recall a guy named Larry 10 said anything that contained less than ten 10 Derringer, working at the Pittsfield plant as 11 percent, and ten percent was just an 11 the industrial hygienist in 1962? 12 arbitrary number. But less than ten percent 12 A I'm not familiar with the name. 13 asbestos, take it out. 13 Q Okay. Do you remember a guy 14 Q Take it off the market 14 ceiled Fred Toca? T-o-c-a. 15 immediately? 15 A No. 16 A Immediately. No work of any kind 16 Q Towards the end of your time in 17 being done. Just replace it with either 17 the seventies? 18 aluminum silicate or calcium carbonate. The 18 A I'm not familiar with him. 19 materials containing more than ten percent 19 Q Do you know, as you sit here 20 asbestos were considered heat-resistant 20 today, who any of the industrial hygienists 21 compounds. They required some work. 21 were that might have interacted with the 22 Q Yes. And you told us what all you 22 phenol division? 23 had to do to try to find a resolution. 23 A Not industrial hygienist, no, 1 just 24 A Yes. 24 never - the industrial hygienist would have 25 Q Or a replacement mineral for 25 been involved more In the manufacturing, in i'uge ns 1 asbestos. 1 the time period when they were around, 1 was 2 A I'm Just saying how - less than ten 2 over in the R&D building. 3 percent was discontinued. 3 Q Okay. There was that period of 4 Q Okay. So with regard to the - 4 time in the sixties when you were more in the 5 those small amounts of genera) purpose 5 plant? 6 compound formulas that had lesser amounts of 6 A Yes. 7 asbestos, two or three percent l think you 7 Q Right? 8 said, those would have been pulled 8 A Well, that's where the asbestos was. 9 immediately? 9 1 mean, that's where we used most of it. 10 A Immediately. 10 Q You have a recollection of any 11 Cl When the decision was made. 11 industrial hygienists employed over there at 12 Okay. The heat-resistant compounds had to be 12 that division at that time? 13 sold until there was a replacement product. 13 A 1 don't know. 14 Correct? 14 Q Was there one? Would there have 15 A That's correct. 15 been one? 16 Q That's the product I'm talking 16 A 1 can't say. 1 really can't. 17 about. After you knew that asbestos was 17 Q Was there social interaction 18 hazardous, did GE put labels on any of the 18 amongst the -- 19 packaging of that heat-resistant molding that 19 A A what? 20 still contained -- 20 Q Was there social Interaction 21 A 1 can't recall ever doing it. 21 amongst the people working In building 105? 22 Q You don't recall any discussions 22 A On a management level, yes. 23 about whether or not they would do It? 23 Q Okay. Was the industrial 24 A No. 24 hygienist department such as it was, or if 25 Q Okay. If there had been 25 there was, would It have been located in IM 1 1 <r 29(ftigc$ 113 to lift) Priority-One Court Reporting Services - (71Aj 983-12,34 06/29/2004 TUE 13:51 [TX/RX NO 8737] @033 06/29/2004 15 : 02 FAX McCarter & English llp @ 034/078 1 building 105? 1 A Transformers is a separate entity a A I'm going - no. 1 can't. That's 2 altogether. 3 guessing. 3 Q They had their own sales staff. 4 Q You don't know? 4 That's what I'm driving at. Right? 5 A 1 don't know. 5 A Different management system entirely. 6 Q Okay. I'm moving ahead in the 6 0 Okay. So, in the sixties, do you 7 interrogatories just clearing out things. On 7 know who the sales manager was for GE? 8 page 15, the answer to interrogatory number 8 A A! Bzulda. Spell that one. 9 12 - g Q Ai Bzulda? 10 MS. MOHAN: This is Ihe 10 A B-z-u-|-d-a. 11 question, Dick. See, there is ii Q Okay. And it's fair to call him 12 the question, and then that's the 12 the sales manager for phenol products in the 13 answer. 13 sixties? 14 BY MS. BURR: 14 A Sales manager for the chemical 15 Q Yeah. Where it says answer. It 15 material department. 16 says in there GE has no business records 16 Q Okay. Which later became the -- 17 demonstrating manufacture, design, supply, 17 A Plastics department. 18 sale, and distribution of any phenolic 18 Q - plastics department. How long 19 molding compounds to be molded into flat 19 did he serve as sales manager? 20 irons, pots, pans, or handles for covers of 20 A He was there when 1 got there. And 21 pots and pans to Die Molding between `60 and 21 I'm going to say he served until about 1969 22 '66. That's been the representation of the 22 or '70. 1 know he served until '69 or 70. 23 company. 23 Q He's a fellow that would be older 24 They don't have any sales 24 than you then, right? 25 documents or anything like that. 1 just want 25 A He what? Page \! 1 Pftflis 1J4 1 to make sure, you know. In things that you 1 Q He would have been older than 2 may have retained in your personal 2 you. Right? 3 collection, you don't have any documents that 3 A Yes. Well, not much. Because his 4 would indicate the amounts of sales or the 4 wife graduated from high school with me. He 5 types of sales to this company. 5 married a Pittsfield girl. 6 A i would not have them, no. 6 Q Do you know if Mr. Bzulda 1$ still 7 Q Okay. Where was the sales staff 7 alive? Q located at Pittsfield? 8 A I don't know. The last I'd heard, he 9 A Well, the sales manager's headquarters 9 was out in California. 10 were in building 105. 10 Q What's his wife's name? 11 Q l presume there was a sales manager 11 A Her maiden name was Overbaugh. 12 for tho phenolic molding compounds? 12 O-v-e-r-b-a-u-g-h. Martha. 13 A lathe 196V66 period, phenolics were 13 Q Would he have been somebody you 14 about the only thing we were actually 14 would have socialized with because of the 15 soiling. Lexan hadn't come into the market 15 connection you knowing his wife? 16 yet. 16 A in work 1 talked to him frequently. 17 Q Okay. When you say we, we're 17 On a social status, no. Not really. 18 talking about that plastics - 18 Q No. You didn't do movies or 19 A Yes. 19 dinner parties? 20 Q - side of GE's business up there? 20 A Company type parties we'd meet 21 A Yes. 21 That's about all. But as for going to each 22 Q So that's all you were selling - 22 other's house, no. 23 well, you were selling transformers, l 23 Q How big was his staff? Do you 24 presume. That other side of the Pittsfield 24 know? in the sixties? 25 business. 25 A He had eight salesmen working for | I'nftL* 1 !X 120 30(Fii^es into 120) Riiority-Onc Court Reporting Kttrvkcs - (71X) 983421'! 06/23/2004 TUE 13:51 [TX/RX NO 8737] @034 06/29/2004 15:02 FAX McCarter & English lip @ 035/078 1 him. 1 Q L-y-n-n? 2 Q Okay. Was that pretty much true 2 A L-e-n. Short for Leonard. 3 through the fifties and sixties, or was there 3 MS. MOHAN; Leonard. 4 an expansion? 4 BY MS. BURR; 5 A That was true up until 1969, 70. 5 Q Ebert? 6 Then they expanded the sales staff. 6 MS. MOHAN: Ebert or Eber? 7 Q They expanded it after that? 7 A E-b-e-r. 8 A Yeah. When Lexan came into the 8 MS. MOHAN: Eber. 9 market. They needed a bigger sales force. 9 A Don Smith. Frank Strobino. 10 Q In the fifties there were about 10 BY MS. BURR: 11 eight salesmen, and in the sixties there were 11 Q French? 12 about eight salesmen? 12 A Stro -- S-t-r-o-b-i-no. 13 A Correct. 13 Q What's his first name? 14 Q You remember a guy, 1 think his 14 A Frank, 15 name was - let me look. 1 had that on the 15 Q Oh, Frank. 16 tip of my - Glenn Eberhart? 16 A We had one out in California. But 1 17 A 1 heard it in Mr. Dew's reporting. 1 17 can't think of his name to save me. 18 never heard of him in my life. 18 O Okay. But the guys you mentioned, 19 MS. BURR: Con we go off for 19 these ones were all based in Pittsfield. 20 a second? 20 Correct? 21 THEVIDEOGRAPHER; We are 21 A They weren't based in Pittsfield. 22 going off the record. The time 22 They lived pretty much In the territory they 23 is approximately 12:41 p.m. 23 were covering. 24 (Off the record.) 24 Q Okay. That's interesting. How 25 THE VIDEOGRAPHER: We're back 25 would you even know who they were? (ace 521 Ijai40 121 1 on the record. The time is A Every time they made a report or a 2 approximately 12:42 p.m. 2 call on a customer anywhere, that were 3 BY MS. BURR: 3 required to write sales call reports. When 4 Q Okay. 1 think you were saying, 4 the sales call reports came back to 5 Mr. Barker, that you saw the reference to a 5 Pittsfield, they were circulated to 6 Glenn Eberhart In Mr. Dow's deposition, and 6 everybody. Everybody in our group. 7 you don't recall that name at all? 7 Q Why would that be? 8 A I don't recall that name at ail. 8 A So we would know what was going on in 9 Q Do you honestly think Mr. Dew was 9 the field. 10 mistaken in his recollection? 10 Q What would be Irt those sales 11 A Very possible. 11 reports typically? 12 Q Can you tell me, because your 12 A Pardon? 13 memory's been so good, t bot you can tell me 13 G What kind of Information would be 14 who the sales force was in the fifties and 14 contained In those sales reports? 15 sixties besides Mr. Bzulda. 15 A Oh, any problems the customer may be 16 A Mr. Bzulda. Was Harry Akerman. Al 16 experiencing with what material. Any changes 17 Wymore. 17 in his order. Many times It was just stop in 18 Q Wait a minute. Akerman- Wymore, 18 and see you type. 19 how do you spell that? 19 Q Okay. So to the extent that you 20 A W-y-m-o-r-e. 20 at some point heard that Union Carbide had 21 Q First name? What's his first 22 name? 21 fixed the dust problem with its product, you 22 probably heard that on some field report? 23 A Al. 24 Q Al. 23 A Oh, yes. Those would ail be included 24 in the call reports. 25 A Len Eber. 25 Psgc 122 Q Okay. Any salesmen - PafiC 124 31 (PttBfi* 1211ft 124) Prioriry-Onc Court Reporting Sci vit.es - (718) 983-1234 06/29/2004 TUE 13:51 [TX/RX NO 8737) @035 06/23/2004 15:03 FAX MCCARTER & ENGLISH LLP @036/078 A Any competitive activity would be of 1 from the wage hour laws. 2 interest. 2 Q Okay. So that means you did take 3 Q Do you know offhand who was in the 3 a physical or you did not take a physical? 4 territory that would have served Die Molding, 4 A We all - i had to take it. 5 that part of New York? 5 Q So you think you might know Dr. 6 A I'm not sure. 6 Paff from your days of taking a physical? 7 Q Can't even hazard a guess? 7 A He must have given me a couple of 8 A l*m going to say Len Eber. 8 physicals. 9 Q Okay. That's pretty close to 9 Q Do you recall reading anything he 10 Eberhart. Right? 10 wrote? Do you recall reading anything he 11 A Yeah. 11 wrote? 12 Q Do you know where Len Eber lived? 12 A No, r don't. No, 1 don't. 13 A North Jersey area somewhere. Eight 13 Q Any other doctors who worked for 14 people trying to cover the United States, 14 the company that you recall during your time 15 they must have some pretty wide territories. 15 there? 16 Q 1 guess. Did he - strike that. 16 A The one 1 recall most vividly would be 17 Is he still living? Do you have 17 Dr. Stein. S-t-e-i-n. He was the medical 18 any idea? 18 director for most of my employment period at 19 A 1 have no Idea. 1 lost track of him 19 GE. 20 when 1 left GE. 20 Q Okay. Do you remember a doctor 21 Q Do you recall while we're talking 21 Kline? K-M-n-e. 22 names here, do you remember a Mr. L.D. 22 A No. 23 Burkinshaw? 23 Q Do you know Dr. Stein's first 24 A Last name again? 24 name? 25 Q Burkinshaw. B-u-r-k-l-n-s4va-w, 25 A 1 don't really. 1 know it, but 1 Pujy? US Page J27 1 A No, 1 don't. 1 can't recall it. 2 Q At the time when the division was 2 Q Do you recall any Instance where 3 still known as the chemical materials 3 any of tho medical staff of the Pittsfield 4 department. So that would be the fifties 4 plant sent any kind of memorandums into 5 probably. 5 research and development regarding asbestos 6 A i can't recall that name. 6 exposure? 7 Q Okay. Do you recall a guy named 7 A 1 don't. ! can't recall anybody ever. 8 David Guilbault? G-u-M-b-a-u-lt. 8 Q During your time at GE, did you 9 A No, 1 don't. 9 ever hear that any of your employees, meaning 10 Q Do you recall a doctor who may 10 the production people Involved in the molding 11 have been a medical director or an associate 11 compound making process, any of them come 12 medical director of the Pittsfield complex 12 down with an asbestos-related disease? 13 named David Paff? P-a-f-f. 13 A Not to my knowledge. 14 A 1 heard the name. 1 didn't know him. 14 Q Were there any during your time at 15 Q Do you know the context in which 15 GE, any suspicious deaths of GE employees 16 you would have heard of Dr. Paffs name? 16 that people thought might have been related 17 A GE Pittsfield had a fairly good sized 17 to asbestos? 18 medical center. And all the salary exempt 18 A Not that 1 know of. 19 employees had to take an annual physical, 19 Q Who has a watch? 20 done at that center. 20 THE WITNESS: It's five of 21 Q Okay. And all employees would 21 1. 22 include the salaried people like yourself? 22 MS. BURR: 1 think we should 23 A Salary exempt people. There are two 23 take a lunch break. 24 typos of salary. Salary nonexempt and salary 24 THE VIDEOGRAPHER: We're 23 exempt. That merely means we were exempt 25 going off the regard. The time I'ape 120 UR 32(Paj*w 125 (o 12K) Priority-One Court Reporting Service:; - (718) 06/23/2004 TUE 13:51 CTX/RX NO 87371 @036 06/29/2004 15:03 FAX mccarter & English llp @ 037/078 1 is approximately 12:50 p.m. 1 represented like the entire department, i 2 (Lunch recess taken.) 2 may have known people, but 1 can't recall 3 THE VIDEOGRAPHER: We are 3 their names. 4 back on tho record. The time is 4 Q Okay. You're saying they 5 approximately 2:02 p.m. 5 represented the entire research and 6 BY MS. BURR: 6 development department? 7 Q Okay. Mr. Barker, when wo took 7 A They would represent at that time the 8 the lunch break, 1 was asking whether or not 8 chemical and materials department. 9 you'd recalled any documents ever coming into 9 Q Okay. So you think it's possible 10 research and development from the medical 10 that there were people ~ 11 director or his staff concerning asbestos. 11 A Oh, there were people that belonged to 12 And you said that you didn't recall any. 12 it. 13 Correct? 13 Q - that belonged to those 14 A Right. 14 organizations at earlier points than you ever 15 Q Okay. Prior to 1970, did you ever 15 did? 16 see any internal GE documents directed to 16 A Correct. 17 employees or to GE's customers in your 17 Q Is it Pittsford or Pittsfield? 18 division for phenol molding compound warning 18 MS. MOHAN: Pittsfield. 19 of exposure to asbestos fibers or dust? 19 Q We've been told that GE has no 20 A No. 20 records concerning any industrial hygiene 21 Q Prior to 1970, cfld you ever see or 21 studies about asbestos that might have been 22 hear about any studies or warnings presented 22 conducted at the Pittsfield plant In the 23 to GE by the producers of the asbestos 23 sixties. So I'm going to pose the question 24 products that they purchased? 24 to you. 25 A Not to my knowledge. 25 Were you ever aware of any studies !*iKC I2`> I'll)1 3 1 1 Q Prior to 1970, did you or anybody done internally by industrial hygiene 2 you worked with that you know about in that 2 concerning the use of asbestos? 3 research and development side of things at 3 A 1 am not. No. 4 Pittsburgh -- or Pittsfield, rather -- did you 4 Q What about studies in genera! b ever attend any industry seminars on the 5 concerning other of the materials that the 6 subject of asbestos? 6 production workers wore exposed to on the 7 A No. 7 plastics side? 8 Q 1 think you told us earlier, you 8 A 1 can't recall any. 9 yourself did not belong to any professional 9 Q If there were such studies 10 organizations. 10 performed, would they have found their way to 11 A 1 what? 11 research and development? 12 Q You didn't belong to any 12 A They might have got to the research 13 professional organizations? 13 and development manager. He wouldn't have 14 A Not while 1 was at GE. 14 passed it down to us unless it really 15 Q What was the organization that you 15 concerned us. 16 belonged to later? 16 Q 1 forget. During the sixties you 17 A With PLENCO? 17 told me who die manager was. 18 Q Yeah. 18 A Research and development? Frank 19 A Society of Plastics Engineers, or 19 Florentine. 20 SPE. And the Society of Plastics Industry. 21 SPL 20 Q Right. Did he have an underling? 21 Somebody directly underneath him that might 22 Q Do you know whether anybody you 22 still be living? 23 worked with belonged to either of these 23 A Frank? 24 organizations in the sixties? 24 Q Yeah. 25 A At GE, they had a group of people that 25 A The only one 1 can think of is a man hip: IXI M2 (Pages 129 to J32) Prioriry-Oiie Court Reportmg .Services (71 A) <W~1234 06/29/2004 TUE 13:51 (TX/RX NO 8737] @037 OB/23/2004 15:03 FAX NcCARTER S ENGLISH LLP @038/078 1 by the name of John Nelson. If John is 1 basically. 2 alive, he's got to be in the his mid- 2 Q Okay. And, so, you're telling me 3 eighties. 3 that there wasn't any reference in writing 4 Q John Nelson? 4 that you made to the handling of the asbestos 5 A Right. 5 material components of the certain products? 6 Q N-e-l-s-o-n? 6 A No, there wasn't. Wei), caution to 7 A N-e-l-s-o-n. Right. 7 people to make sure the weight were correct 8 Q Was John Nelson still employed at 8 going in. That was on all raw materials. 9 GE at the point you left? 9 Q Okay. The weight of the raw 10 A No. He retired before i did. Or 10 material, al) raw materials. Okay. As far 11 before 1 left GE. 11 as you know, with regard to the phenol 12 Q Okay. Before *82. And you don't 12 products division at Pittsfield, were any 13 know whether he's alive or not alive? 13 measures taken prior to 1972 to protect the 14 A 1 don't. 14 GE employees from asbestos exposure 15 Q Anybody else up in higher rank 15 specifically? 16 than you and just beneath Dr. Florentine 16 A Nothing special. 17 whose name you can recall? 17 Q Okay. You've testified -- you've 18 A Directly involved with R&D, no. 18 testified that there -- 19 Q Do you know whether GE ever 19 A 1 mean, respirators were available. 20 employed a toxicologist at - 20 Q But not commonly employed. Right? 21 A Not to my knowledge. 21 A Yeah. 22 Q Apart from your annua) physical, 22 Q And then of course, around 72, 23 were you aware of whether or not your health 23 you stopped making the general purpose 24 was being monitored for any reason during 24 compound that had asbostos. Correct? 26 your time at General Electric? 25 A i'-aik i n November of '72 wo stopped using S'agtt m 1 A Not to my knowledge, l wasn't. 1 asbostos entirely. 2 Q Were you aware, for instance, that 2 Q is that when your new product came 3 GE had a medical surveillance program for its 3 on the market then, or was that later? 4 employees at Schenectady for their exposure 4 A Actually, they started phasing those 5 to silica dust? 5 products in the early part of 72. There 6 A l wouldn't know. 6 were some customers that insisted on the old 7 Q Why wouldn't you know that? It 7 asbestos filled compound. Until sometime in 8 just wouldn't be information - 8 October or so a decision was made we're going 9 A Different department Different city. 9 to put a cutoff date, at which time there 10 You know, we wouldn't be associated with 10 will be no more asbestos. 11 them. 11 Q Were you supplying the people who 12 Q Okay. Do you know whether or not 12 still wanted it from stock on hand as opposed 13 a medical surveillance program for the 13 to, you know, beyond a point that yog had 14 production employees was ever started at GE 14 actually stopped producing it? 15 Pittsfield during your time there? 15 A By the lime we actually stopped using 16 A Not while 1 was there. 16 it, we had pretty much depleted our inventory 17 Q When you developed operating 17 of asbestos-containing -- and just 18 instructions for in.that 1969 to '70 period, 18 manufacturing from order. 19 did you -- did those operating instructions 19 Q Did you ever hear of Dr. Irving 20 contain any policy or procedure regarding the 20 Sax. S-a-x? 21 use of asbostos in the products that they 21 A No. 22 were used in? 22 Q Do you know whether his book, 23 A No. They were basically what kind of 23 Handbook of Dangerous Materials, was In the 24 temperatures you would use on the equipment, 24 library at 105, building 105? 25 processing times, how to run the machines. 25 A f'lific 04 t can't say definitely. IUG 34 (Pages m \tt 136) Priority-One Court Reporting Services - (71S) 9S3-12IM 06/29/2004 TUE 13:51 [TX/RX NO 8737] @038 06/29/2004 15:03 FAX McCarter & enslish lip 0039/078 1 Q Was there a collection of regular 1 library on that patent research, 1 didn't 2 books as opposed to the patent materials we 2 spend an awful lot of time there. 3 were talking about? 3 Q The room the library is in, is it 4 A Oh, yes. There was all kinds of 4 bigger or smaller than this conference room 5 technical magazines and books. 5 that we're In in this hotel? 6 Q Okay. Trade publications and 6 A 1 would say it would probably be about 7 things like that? 7 as big as this room. 8 A Yeah, Like Modern Plastics Magazine. 8 MS. MOHAN: Jus? so the 9 And also books that raw materials suppliers 9 record reflects - and I'm not 10 may put out about their product. Might have 10 very good at this, would you say 11 that in the library. 11 this is 12 by 8? 12 Q Was the actual GE headquarters in 12 MS. BURR: 12 by 8? 13 Pittsfield? 13 THE WITNESS: The tiles are 14 A No. GE headquarters, when 1 first 14 two foot square. 15 started with GE, was Lexington Avenue in New 15 MS. MOHAN: How much? 16 York City, Later they moved it to Fairfield, 16 THE WITNESS: CounUhe 17 Connecticut. 17 liles. They're two foot square. IS Q Were you ever in that Fairfield, 18 MS. BURR: It's got to be at 19 Connecticut headquarters? 19 least - 20 A No, 1 haven't. That was way above 20 MS. MOHAN: 14. 16,18.20. 21 my management level. 21 MS. BURR: Yes. It's at 22 Q Pardon me? 22 least 20 feet tong and probably 23 A That was far above my management 23 about 16 feet wide. 24 level. 24 A f count about 20 wide. 25 Q So you don't know what was part of 25 BY MS. BURR; Pape !.r/ hiw i.H> 1 the headquarters building in Fairfield, as in 1 Q Its 20 wide and 20 something 2 terms of what they had there, other than 2 long. Maybe 30. 3 executive offices? 3 A Twenty-six feet. 4 A 1 wouldn't have the foggiest idea 4 Q Twenty by twenty-six. Lined with 5 really. 5 shelves, or filing cabinets, or what? 6 Q Okay. 1 mean, do you have a 6 A Pardon me? Shelves mostly, and there 7 notion that the library in building 105 was 8 broader than needed for fine operations that 7 was an open space in the center with tables. 8 Q Okay, if you needed an edition of 9 occurred up in Pittsfield? 9 Plastics Magazine from 1966 and it was 1968, 10 A l don't think it was broader than 10 would you just ask Dorothy to produce ft, or 11 needed. It was pretty thorough. They had a 11 was there a mechanism for finding -- 12 woman in charge of that library who kept 12 A J don't know what the retention time 13 abreast of the types of things that should be 13 was. Magazines probably tossed out once a 14 there. 14 year. May have had a cutoff, say a yoar. 15 Q Do you remember her name? 15 The new magazine come out, she threw the one 16 A No, 1 don't. Dorothy. 1 can remember IQ that was a year old out 17 her first name. 17 Q Okay. But the question was if you 18 Q Was she a younger woman or older 18 were looking for a magazine diet was a year 19 woman than you? 19 old, say, would you go find it yourself, or 20 A She was an older woman. 20 did you have to use her to find It for you? 21 Q Was she retired before you left? 21 A Either way. If you could find it 22 A Oh, yes. 22 yourself. If not, ask her. 23 Q Did they replace her? 23 Q Did you bring Dr. Sax's book? 24 A Tm not sure. 1 really -- you know, 24 MS, MOHAN: 1 don't have it. 25 outside of that one time 1 was in that 25 P;HVf l.tH MS. BURR: 1 sent you an Hitfc MO ^(Paj'esn? to 140) Priority-One Court Reporting Services - {7 if}) 9&J-1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] 0039 OB/29/2004 15:04 FAX McCARTER & ENGLISH LLP 1040/078 1 e-mail. 1 Q - you don't recall whether or not 2 BY MS. BURR: 2 you saw anything about asbestos in those 3 Q So you never heard of this Dr. 3 documents, those publications in the sixties? 4 Sax? 4 A l never recall roadlng it. 5 A No. 5 Q Are you aware of an organization 6 Q It 1 told you he wrote a book 6 called the Industrial Hygiene Foundation? 7 about asbestos, dangers of asbestos exposure 7 A No. 8 to the workers in Schenectady - 8 Q Did you ever hear of Sedgwick 0 MS. MOHAN: Excuse me. 9 Claims Management, Incorporated? Sedgwick 10 What's the name of the title of 10 Claims Management? 11 the book? You have the book? 11 A No. 12 M$, BURR: 1 don't have the 12 O Doesn't mean anything to you? 13 book. Handbook of Dangerous 13 A No. 14 Materials. And I'll rephrase the 14 Q If 1 told you that was a company 15 question. You can strike that 15 that administered workers' comp claims for GE 16 BY MS. BURR: 16 for a period of time, does that refresh your 17 Q Okay. But suffice to say, you 17 recollection? 18 don't recall the book? 18 A No, it wouldn't. 19 A 1 don't. 19 Q Did you ever have a workers' 20 Q Did you ever hear the term 20 compensation claim of any type yourself while 21 threshold limit values any time before 1971 21 you were -- worked at GE? 22 or so when you were told that they were going 22 A No, 1 didn't. 23 to phase out use of asbestos? 23 (Exhibit No. 32 was marked for 24 A No. 24 identification.) 25 Q Okay. Wasn't a term employed in 25 BY MS. BURR: HI Pane M? 1 the sixties with regard to asbestos? 1 Q Moving on, I'm going to show you 2 A No. 2 what we marked as Plaintiffs* 32 today. And 3 Q Do you know whether or not there 3 It was marked in another deposition. The 4 were any medical Journals in the Ifbrary in 4 deposition of Mitchell. It was known as 5 buiiding 105, like the American Journal of 5 Mitchell 2 in that deposition. Have you take 6 Medicine? a a look at that document. 7 A 1 don't know. 1 don't know. 7 A That's a General Motors distributor 8 Q Okay. You don't recall looking at 8 cap. 9 anything that you would consider a medical 9 Q Hang on. Have you ever seen the 10 journal? 10 document before today? 11 A No. 11 A This document? 12 Q Can you think of any other 12 Q Yeah. 13 periodicals, or journals, or publications 13 A No. 14 that you recall seeing in the library there? 14 Q Do you know where it appears to 15 A Modern Plastics, Plastics World. 1 15 have come from? What kind of a publication? 16 can't. 17 Q There's a - you probably have 16 A Could be a technical magazine. Modern 17 Plastics. 18 seen it today. There's some kind of a volume 18 Q Okay. That's - those are 19 called the Plastics Encyclopedia. 19 distributor caps? 20 A Oh, yes. That would be in there. 20 A Eight out of ten distributor caps in 21 Anybody that was a member of SPE would get a 21 the U.S. are made of GE phenolics. That was 22 copy of that every year, too. 22 true. 23 Q 1 take it to say -- 24 MS. MOHAN: Keep your voice up. 23 Q Was that true during the entire 24 sixties, when you worked there? 25 BY MS, BURR: 25 A That was true from about 1955 until l`uj;c H ' 144 3f*(Pa}ics 141 m M4) I'riorily-Onc CYmn Reporting Service* (718) OfLM 7.3*1 06/29/2004 TUE 13:51 [TX/RX NO 8737] 1040 06/29/2004 15:04 FAX McCarter a enqlish up @041/078 1 sometime in the mid seventies. 1 molding department? 2 Q Okay. All those distributor caps 2 A No. Each automotive company had their 3 were made out of the heat-resistant molding 3 own molding department. And - well, 4 compound. 4 actually, t said -- 5 A They were all made out of - with the 5 Q What's the head line? What is 6 exception of the Chrysler cap, they were ail 6 that head line? 7 made out of a GP compound. 7 A Eight out of ten distributor caps in 8 Q General purpose. 8 the U.S.A. are made out of GE phenolfcs. 9 A Right. 9 Q As distinct from made by GE? 10 Q And Chrysler -- 10 A Right General Motors used one 11 A Chrysler used a heat-resistant 11 compound. Ford used another one. Chrysler 12 compound. 12 used another one. And some of the caps like 13 Q Do you know why Chrysler opted for 13 American Motors. 14 heat-resistant compounds? 14 Q Is the Chrysler cap there? 15 A It's a fairly technical but Vo A I wish 1 had the cap in my hand. 1 16 nontechnical answer. 16 recognize this as being a General Motors cap. 17 Q Give me the nontechnical answer. 17 Because they had a little vent that goes into 18 A In the period we're talking about, 18 the side of the cap. They're the only ones 19 Chrysler had a terrible reputation in the 19 that had it. 20 automotive industry of having hard-starting 20 Q You're - in reference to Exhibit 32, 21 automobiles In the winter time. In an 21 you're pointing to the middle picture in the 22 attempt to solve the problem, they felt if 22 top row? 23 they went to a higher specific gravity 23 A The middle picture in the top would be 24 material, that would solve the problem. 24 a General Motors cap. It's a six-cylinder 25 They eventually did solve the 25 cap. Somewhere in there they've got to have PARC MJ hip;* 1-17 1 problem by making something like 58 changes 1 an eight cylinder. 2 in their ignition system. They didn't know 2 Q Do you know if these caps, the 3 which one, or which group of changes may have 3 ones made with the general purpose were made 4 solved their problem. And they weren't about 4 with the general purpose compound that had a 5 to change anything. 5 little asbestos or not at ail? 6 Q So they just continued to use the 6 A General Motors cap, yes. The Ford 7 heat-resistant - 7 motor cap, no. They used different e A They continued to use it right up 8 materials. 9 until they switched to thermoplastics. 9 Q Okay. Now, when you say motor 10 Q Do you have an Idea from looking 10 cap, you mean distributor cap? It's the same 11 at this document as to when, whether this is 11 thing? 12 a fifties document, a sixties document, or a 12 A Yes. 13 seventies document? 13 Q |'m nonautomotive here. What 14 A It could be any one of those, that 14 about that Chrysler cap? You see it? 15 case. 15 A The Chrysler cap was the high gravity 16 Q Any later than that? 16 mineral filled material. 17 A Sometime in mid seventies the 17 Q Right. You don't see it there? 18 automotive industry changed their entire 19 ignition system, went to the electronic 18 A 19 1 can't Identify a Chrysler cap. No. (Exhibit No. 33 was marked for 20 system. At that time, they went to a 21 thermoplastic distributor cap. 20 identification.) 21 BY MS. BURR: 22 Q So these distributor caps were 22 Q Okay. Thank you. I'm going to 23 made by - strike that. 23 show you what we marked as Barker 33 today. 24 Theso distributor caps, as you 24 Previously marked as Mitchell 3. Have you 25 look at them, were these created by GE's own 25 take a look at that document. Page ]1<i Page 148 Priority-One Ciuirt Reporting Services * (71S) *)KJ- l 234 37 (Page* 145 to UK) 06/29/2004 TUE 13:51 {TX/RX NO 8737] @041 06/29/2004 15:04 FAX mccarter a enqlish llp @042/078 1 A Yeah. That was, 1 believe. Echo. The 1 system works. In the winter months in the 2 company that made those. The handles were 2 northern climates, you get a salt buildup 3 molded at a company In Watertown, Connecticut 3 inside of these towers. 4 called Watertown Manufacturers. That was 4 The material would start arcing 5 molded out of GE12902. A single stage wood 5 over and coming down the outside of these 6 flour fill compound. No asbestos. 6 towers and burn the tower. And once it burnt 7 Q Do you know what decade that 7 enough of it, that tower would short out. So 8 document - 8 one of our tests was to develop some way of 9 A pardon? 9 preventing that from happening. 10 Q Do you know what decade that 10 So we*d run that test and 11 document represents? 11 deliberately burn those towers. 12 A 1960s. 12 Q Okay. Did the use of asbestos in 13 (Exhibit No. 34 was marked for 13 the GM product - 14 identification.} 14 A it was two percent in there. 15 BY MS. BURR: 15 Q Right, Was It there to help avoid 16 Q Okay. Mitchell 4, which is Barker 16 this arcing problem? 17 34 marked today looks to be a distributor 17 A It was there, as I said earlier, to 18 cap. Correct? Is that what it is? 18 improve the friability of the compound. 19 A That looks like a GM cap. 19 Q Okay. We're going to have to take 20 Q Okay. I'll take that back. The 20 a little break to change the tape, Mr. 21 headline on this ad -- i guess it's safe to 21 Barker. Thank you. 22 call it an ad. 22 THEVIDEOGRAPHER: Wears 23 A Mmm-hmm. 23 going off the record. The lime 24 Q Right? You think it appeared let 24 is approximately 2:30 p.m. 25 some kind of an industry magazine? 25 (Off the record.) I'ajw H`> I*ae M 1 A Possibly. 1 THEVIDEOGRAPHER: Back on 2 Q Did GE have their own internal 2 the record at 2:34. 3 catalogs for marketing purposes? 3 (Exhibit No. 4 was marked for 4 A Not with pictures like this. No. 4 identification,) 5 Q The head line is, "Who Burned This 5 BY MS. BURR: 6 Phenolic?" Right? What's the whole point of 6 Q I'm going to show you what we 7 that? 7 marked as Barker 4. 8 A Well, they were to test -- yes, it was 8 MS. MOHAN: Let me just say 9 General Motors that ran this test. This cap 9 for the record, 1 have an 10 as mounted in an engine would have a cable 10 objection to that document. 11 going in the center, it came directly from 11 There's no date on the actual 12 the engine coil. And that provided the 12 document. 3 know there's a date 13 electrical power into that cap. 13 handwritten in on the front page 14 Then, there would be another cable 14 cover. But 1 couldn't find the 15 coming out of each one of these towers going 15 dale 1946 anywhere on the actual 16 to the individual spark plugs in an engine. 16 document. 17 Underneath this cap was a totor spinning 17 MS. BURR: Right. 18 around at a high rate of speed, and each time 18 BY MS. BURR: 19 it passed one of those towers it was making 19 Q If you flip through this document, 20 metal contact with a metal contact In the 20 Mr. Barker, do you have an idea what it is 21 tower, passing the electrical charge from the 21 and where it came from? 22 distributor cap to the spark plug. 22 A 1 don't have the foggiest idea what 23 The spark plug fired, causing an 23 they're talking about. 24 explosion in the cylinder to fire the 24 Q It seems to be a history of the 25 engine. Basically, that's how an ignition 25 plastics. 1 t'siftc ISO JSfPajes 149 to 152.) Priority-One C ourt Rcportihg, Services - (71 A) 1234 06/28/2004 THE 13:51 [TX/RX HO 8737] @042 08/29/2004 15:04 FAX mccarter & ehblish llp 0043/078 1 A January 1945. That would be prior to 2 my time. 3 Q Okay. 1 mean, it seems to be some 1 Q He described the process that they 2 were using in his deposition. Was he talking 3 about compression molding or transfer 4 - I'm asking if you ever saw a book, you 4 molding? 5 know, is there some kind of a history book. 5 A 1 couldn't figure out when 1 read his 6 the history of GE plastics, that you've seen 7 before? 8 A No, 1 haven't. 9 Q Just flip to the page that I've 10 marked with a yellow tab. I'm directing your 11 attention to the picture of the 12 A Oh, this page. 13 Q Yes. The compression type molding 6 deposition. 7 Q Okay. He was not a molder 8 himself? 9 A He was a molder. But he used terms 1 10 never heard of. 11 MS. MOHAN: You're talking 12 about Mr. Donald Do? 13 MS. BURR: Yeah. 14 press using preformed phenolic compound for 14 MS. MOHAN: Mr. Dew's 15 loading. Okay? 15 deposition. 1G A Preformed phenolic molding compound. 16 THE WITNESS: I'm sorry. I 17 That's a typical molding - typical 17 thought she said Mr. Hill. 18 compression molding press. 18 A Repeat the question, please. 19 Q That's what 1 wanted to know. So 19 BY MS. BURR: 20 when GE had a molding operation, there were 20 Q Okay. Donald Do, I guess was 21 presses like this in Pittsfield. Right? 21 the - 22 A Yes, there were. 23 Q If you were to go to Die Molding 24 in the time that you worked for GE in the 25 sixties, you would expect to see machines 22 MS. MOHAN: The president of 23 the company. 24 BY MS. BURR: 25 Q -- the president of Die Molding. t'ajw 155 1 that looked a lot like that there. Correct? 1 i think he was asked to explain the system 2 A Yes, 1 would. 2 for molding that was In use at Die Molding. ' 3 Q Because you told me that you 3 And I'm asking you if you recall whether he 4 thought they did compression molding as one 4 was describing the compression molding ortho 5 of the types of molding that they did. 5 transfer molding? 6 A At that time, all they were doing was 6 A He was describing the compression 7 compression or transfer. This is a 7 maiding. a compression press. a Q Okay. If you were talking about, 9 Q Does the machine look entirely 9 based on your knowledge, their business of 10 different for transfer? 10 running a lot of handles for cookware and ii A Yes. Because they're taking the 11 things like that, and lids, knobs for the 12 material, this middle platen, there would be 12 cookware lids with the heat-resistant 13 a chamber there -- it might be round, it 13 compound, were they using the compression 14 might be rectangular -- where you would lay 14 molding for that? 15 the pills. One end of it or right in the 15 A What Mr. Dew said was compression 16 center, There would be a paper spool. 16 molding. Bui at some point, it was also 17 YouTd lay the piece of preforms in 17 transfer molded. Whether he was doing it or ia that chamber, close the mold, the cavities 18 others, I don't know. 1 know there was a lot 19 would all be on the bottom, and that upper 19 of transfer molding done on that application. 20 plunger wouid come down and force the 20 Q Okay. But, just for the record, 21 material through the spool, into a runner 21 this picture, in case wo ever need to use it, 22 system, and into the mold cavities. 22 we could present this picture and say this 23 Q Okay. And this -- well, you road 23 looks like a typical compression molding 24 Mr. Do's deposition. Correct? 24 machine that was in use in the 1960s. 25 A Yes. 25 Correct? Piiyc ! V T'.^e ISfi Priority-One Court ktrpoiiing Services * (718) 983-1234 39 (Pages 153 to 156} 06/29/2004 TUE 13:51 [TX/RX NO 8737] 0043 06/29/2004 15:04 FAX mccarter a enslish llp 044/078 1 A That's correct 1 A 1 recognize that guy's picture. 2 Q Even though this document may have 2 BY MS. BURR: 3 come from the forties, things hadn't changed 3 Q ifs a walk through history here. 4 much from then to the sixties? 4 We're not going to spend any time on this. 5 A Compression molding is pretty much the 5 But you can take a quick look at the document 6 same today as it was in the forties. 6 we marked as Barker 6, which is about four 7 Q That's what \ wanted to know. 7 pages. 8 Thank you very much. 8 MS. MOHAN: Continuing 9 (Exhibit No. 5 was marked for 9 objection to the documents with 10 identification.) 10 no dales. 11 BY MS. BURR: 11 A Nothing to do with us. That's all 12 Q I'm going to show you what we 12 part of laminated products. 13 marked as Barker 5 and ask you to take a look 13 BY MS. BURR: 14 at that document quickly. 14 Q Okay. But research and IS A Okay. They're talking about a 15 development for the laminated products was 16 single ~ 16 still at Pittsfield, was it not? 17 MS. MOHAN: There's no 17 A Some of it was. But the largest part, 18 question. Got to wait for a 18 percentage was in the pfant at Shockton, 19 question, 19 Ohion. 20 BY MS. BURR; 20 Q. Shockton, Ohio? 21 Q Just took at both pages. The 21 A Right. 22 question 1 have is - 22 Q If 1 told you these documents were 23 MS. MOHAN: 1 have the same 23 the late forties before you even started at 24 objection to this document 24 GE, do you know at the time you started 2ft because 1 don't recall seeing a 25 whether there was any plant at Shockton? i'ufit 157 Pace l.VJ 1 date on this one either. 1 A The plants were there when 1 started. 2 MS. BURR: Okay, !'m going 2 And as far as R&D was concerned, the only 3 to ask him. 3 thing, we had one guy working on decorative 4 BY MS. BURR: 4 laminates. This would not fall in that 5 Q We think this document is from 5 category. 6 about 1955. 1 want to know what you think. 6 Q Just generally - i don't know. 7 A 1 would tend to agree. 7 Was there asbestos used in the laminates? 8 Q You would tend to agree? Okay. 8 A 1 can't say with any degree of 9 Looking at this document, wo tried to get it 9 certainty. 10 in color for you. Do you know whore this 10 Q You were never involved in any of 11 document came from? Were they pages out of 11 the formulations for those products? 12 some other kind of manual, or -- 12 A No, 1 wasn't. 13 A Both of them look to me to be an 13 Q Okay. Thank you. 14 advertisement in some kind of a technical 14 (Exhibit No. 7 was marked for 15 magazine. 15 Identification.) 16 Q Okay. Fair enough. And this 16 BY MS. BURR: 17 fast-cure, general-purpose molding compound 17 Q I'm going to show you what we 18 that's on page one, 12900 black, 12901 brown, 18 marked as Barker 7, have you take a look at 19 did that product at that time contain 19 that. 20 asbestos, do you know? 20 THE WITNESS; Recognize that 21 A No. That was a general purpose 21 building? That's the one you and 22 compound. 22 1 met in the first time. 23 Q That's it 24 (Exhibit No. 6 was marked for 23 A Yeah. That's the old molding shop. 24 BY MS. BURR: 25 identification.) 25 i.W Q Okay. In reference to Barker?, J'uj'.e iftO 40 (Pages 157 to 160) Priorify-Ouc Court. Reporting Services - (718) l>x;i-1234 06/29/2004 TUE 13:51 (TX/RX NO 8737] 0044 08/29/2004 15:05 FAX MCCARTER & ENGLISH LLP 045/078 1 you're looking at the picture on the first 1 Q If l told you we think this 2 page of that - the second page of that 2 document was from about 1947 - 3 document* which appears to be a magazine 3 A Could be. Any time in that period. A article. Right? From Modern Plastics? 4 Anywhere from 1928. 5 A Yes. He was before my time. 1 didn't 5 Q Okay. But 1 think you told us at 6 know him. 6 least during World War II GE's whole facility 7 Q But the picture you said is a 7 up there was pretty much geared to the war 8 photograph of the molding shop? 8 effort. 9 A That would be on page one. 9 A Yes, it was. 10 Q Right At Pittsfield. Right? 10 Q It wasn't until after the war that 11 Did it look the same when you got there in 11 GE marketed itself as a mold maker. Right? 12 the fifties? 12 A Well, they did before the war, too. 13 A Hasn't changed much. 13 Q Okay. Okay. 14 Q Okay. Thank you. 14 (Exhibit No. 9 was marked for 15 (Exhibit No. 8 was marked for 15 identification.) 16 identification.) 16 BY MS. BURR: 17 BY MS. BURR: 17 Q Barker 9, this is out of Modern 18 O This is a document we marked as 18 Plastics Encyclopedia, again, undated. Well, 19 Barker 8, appears to be some other kind of 19 It says GE 1947, but who knows. Take a look 20 trade thing for CE. And i don't have a 20 at the picture and the caption underneath. 21 duplicate cop/. 21 And then I'll take that back because 1 don't 22 MS. MOHAN: Same continuing 22 have another copy. 23 objection. 1 don't sec a date on 23 A Yeah. That's some kind of a finishing 24 that document either. 24 operation. 25 A That's the old tool room. 25 Q Okay. Looking at Barker 9, you've I'lllJC lf.il !>> tM 1 BY MS. BURR: 1 indicated that the photograph depicted 2 Q The old? 2 indicates a woman employed in a finishing 3 A Tool room. 3 operation with a mold. Correct? 4 Q Tool room? 4 A With a molded part. 5 A Yes. That was before my time, too. 5 Q With a molded part. Okay. As 6 Q That's a photograph of somebody 6 distinct from the actual process of making 7 working? 7 the mold? 8 A Looks like he's making a mold. 8 A Correct. 9 Q Yeah. It says mold maker at a 9 Q The reference to -- at the top, 10 Gorton duplicator. What Is - 10 when they're talking about when jig drilling 11 A He's making a mold. 11 large holes and thermo setting parts, air 12 Q Okay. He's making a mold? 12 blasts directed at cutting edges prolong 13 A He's cutting steel. 13 drill life? 14 Q In order to make molds with the 14 A A lot of the molded parts, after they 15 plastic, you've got to have a mold to work 15 were molded, required some type of machining 16 in, with. Right? 16 operation in order to put the part, usually 17 A That's correct Need a steel mold, 17 drilling and tapping. Machine life, 18 chrome plated. 18 phenolics are mildly abrasive. And they do 19 Q Did GE do that (he actually steel 19 wear out drills. 20 cutting for the molds there in Pittsfield? 21 A When they had the molding operation 22 they did. 20 We're constantly seeking a way to 21 improve that and improve the drill life of 22 the machine like a machining tool. 23 Q You said they were out of the 23 Q Would the process of air 24 molding operation by about 1950 something? 24 blasting - 25 A Yeah. By 1960s they had sold it. 25 A That was - when they drill a J'iisc 162 T`ap,c Ifi.l 41 161 k> Uvl) Priority-One Omni Reporting Services - (718) 983-1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] 0045 <jB/ab/2004 15 05 FftX WcCftRTER & EN31ISH UP @046/076 1 machine, a part, these chips that come out, 1 BY MS. BURR: 2 you use the air bJast to biow it away. 2 Q Thank you. Same question for 3 Q Okay. When you're saying little 3 Barker 11. 4 chips, you're talking about little chips of 4 A Again, that's all laminated parts. 5 the molded piece. Correct? 5 Q Those are all laminated parts? 6 A That's correct. After it was drilled 6 A Yes. 7 away. 7 Q None of them were made at 8 Q Do you know if that air blast 8 Pittsfield. Right? 9 would create any kind of a dust in the 9 A No. 10 immediate area of the operator? 10 Q For the record, you don't know 11 A Usually, a fair good sized chip, they 11 whether or not, or you do know if any of 12 weren't likely to become air borne. They 12 these depicted parts contained asbestos as a 13 would just blow away and drop. 13 component? 14 Q 1 think Mr. Hill testified as to 14 A f don't know. Like 1 said, it was a 15 an air blasting process used in the mold 15 laminated product. It looks to me something 16 making component? 16 that was machined out of a laminate. But 17 A He wasn't talking mold making. He was 17 what the formulations were, i don't have the 18 talking in cleaning the mold after the mold's 18 slightest idea. 19 open. 19 (Exhibit No. 12 was marked for 20 Q Cleaning out the mold after you 20 identification.) 21 remove the mold. Right? 21 BY MS, BURR: 22 A When the mold opens and ejects the 22 Q Okay. I'm going to show you what 23 molded part, there is some leftover material 23 we marked as Barker 12. Direct your 24 that stays on what they called the mold lance. 24 attention, 1 think there's an arrow. 25 They were referred to as flash, It kind erf 25 MS. MOHAN: 1 have a Pure 167 1 stuck a little bit. 1 continuing objection. That one 2 They would take an air hose with a 2 doesn't have a date either, 3 brass extension nozzle on it, kind of poke at 3 BY MS. BURR; 4 it, and hit it with a blast of air and biow 4 Q Okay, in the second column it 5 it away* The flash is very thin material. 5 starts out, "A new, high impact asbestos 6 Depending on the size of the lance, it could 6 fabric filled molding material has been made 7 be a half an inch, an inch and a half wide. 7 in two impact grades." Do you see that? 8 Depending on the size of the mold determined 8 A Boy, that would be -- that would be 9 how long it would be. 9 more than asbestos to get that kind of impact 10 But this is cured phenolic 10 strength. 11 material. Not something that would generate 11 Q It says these materials prima -- 12 dust. 12 A CFI 20. That's two foot pounds per 13 (Exhibit No. 10 was marked for 13 Inch of notch. That's strong. 14 Identification.} 14 Q It says they were developed for 15 BY MS. BURR: 15 ship board insulation. And of interest in 16 Q Okay. Barker 10, you can just 16 industrial switchboard applications. 17 take a quick glance. But all those 17 A I'd have to bet -- 18 photographs in that document pertain to the 18 MS. MOHAN; Don't guess. 19 laminating process? 19 Don'l guess. 20 A Yes. 20 BY MS. BURR; 21 Q And there's no machinery depicted 21 Q Firstly, do you know when this 22 that was in use in the molding process? 22 text was written? What decade? 23 A No. 23 MS. MOHAN: Just for the 24 (Exhibit No. 11 was marked for 24 record, I'm going to object. We 25 identification.) 25 don't even know where Ihe Uj$ rum? i<* 42 CPngics K>5 u> KW) Priority One Court`Reporting Services - (718.) 083' 1234 06/23/2004 TUE 13:51 [TX/RX NO 8737] 1046 06/29/2004 15 : 05 FAX MCCARTER & ENGLISH LLP @ 047/078 1 document camo from. It doesn't 1 A That's correct. 2 appear to me to be a GE document, 2 Q Were they known as Bakelite when 3 a GE advertisement, or anything 3 you were employed at GE? 4 in rogord to anything that has to 4 A When 1 first came to GE, they were. 5 do with GE. 5 That became a trade name. It became 6 A 1 carl say this much. It refers to 6 synonymous with phenolics. To this day many 7 Textaiite 12303 and 1423. Those were not 7 people can't toil them apart. 8 even numbers for the phenolic molding 8 Q Do you know when the name went to 9 compound. Those were laminate product 9 Union Carbide? 10 numbers. 10 A When Union Carbide purchased the 11 BY MS. BURR: 11 Bakelite Corporation. 1 don't know when that 12 Q Okay. Is Textaiite a laminate 12 was. 13 product? 13 Q Do you think it was sixties or do 14 A Yes. 14 you think it was the fifties? 15 Q This is, for the record, it's page 15 MS. MOHAN: Don't guess if 16 64 of Modern Plastics Encyclopedia. 16 you don't know. 17 A It could still be Textaiite. 17 A I'm not going to guess. I'd have to 18 Q Okay. So there's some indication 18 say it's between those two dates. 19 at least -- 19 BY MS. BURR: 20 A Of course, if you said 64, definitely. 20 Q Do you know what decade GE 21 those numbers were not phenolic molding 21 developed the Textaiite product? 22 compound numbers. 22 A That was there when l came. 23 Q Okay. They were not phenolic 23 Q Okay. You started, for the 24 compound numbers. I guess the question is it 24 record, in 1953? 25 appears, at least from this writing in Modem 25 A 4. iM*? K'`> Hime 171 1 Plastics Encyclopedia, that there was some 1 Q 4. 2 use of asbestos in some type of laminated 2 A (Witness nods head.) 3 product. Correct? 3 Q 1954. Okay. Thank you very 4 A I'd have to agree. 4 much. 5 Q In the foot note the reference is 5 (Exhibit No. 14 was marked for 6 to GE's Toxtallte 12203 and 1423. Correct? 6 identification.) 7 A Correct. That's In here, too. Those 7 BY MS, BURR: 8 are not compound numbers. 8 Q Barker 14 I'll give you a look at 9 Q They're not compound numbers. 9 This one you might find -- take a look at 10 A No. 10 that. 11 Q Okay. 11 MS. MOHAN: That document -- 12 A Compound numbers would either be a 12 objection. That document also 13 12-4000 series, 12*899 series, 12-900 series, 13 has no dale. 14 a 14,000 series. Those arc the only compound 14 A it was long before my time. Or else 15 designations. 15 they were Textaiite numbers. 16 Q Wo spoke about Union Carbide being 16 BY MS. BURR: 17 a competitor of GE*s. Correct? 17 Q All right. The heading on the 18 A (Witness nods head.) 18 document calls it a molded plastics 19 Q And that was true the entire time 19 comparator. Correct? 20 you worked at GE. Right? 20 A A what? 21 A Right up until they went out of 21 Q Molded plastics comparator? 22 business. Yes. 22 A Yeah, 23 Q Okay. Before they were Union 23 Q You think this document predates 24 Carbide, 1 think they used to be called the 24 your time at General Electric? 25 Bakelite Corporation. 25 A Definitely. PilfW 170 Kiri? 172 13 (Paso; 160 to 172) Priority-One Court Reporting Services (71S) .98,1-1234 08/28/2004 TUE 13:51 (TX/RX NO 8737] @047 06/29/2004 15:05 FAX mccarter & English llp @048/078 1 Q Why? 1 A 12956. 2 A Just looking at those GE numbers, they 2 Q J`m sorry? 3 weren't even in use when 1 came in. 3 A 12956. That was a general purpose, 4 Q Okay. You're talking about the 4 fast cure material. 5 fourth column, just to the left of the 5 Q Is this the fifties or the 6 column - 6 sixties? 7 A Where it says GE number. 7 A Sixties. e Q Yeah. Where it says GE number. 8 (Exhibit No. 16 was marked for 9 So, 105,1408,12200, 12204 you don't think 9 identification.) 10 wore in use when you were there? 10 BY MS. BURR: 11 A Those numbers are ail Greek. 11 Q Same question, Barker 16. 1 need 12 (Exhibit No. 13 was marked for 12 the decade, and 1 want to know if this 13 identification.) 13 phenolic product was made with an 14 BY MS. BURR: 14 asbestos-containing compound. 15 Q Okay. I'm going to show you what 15 A That's what we called a dog bone. 1G we marked as Baker 13, which scorns to be a 16 Looked like a dog bone, it was a test piece 17 phenol product. 17 to test tensile strength, it could be molded 18 A I'm going to give you the same 18 out of any of our materials. 19 answer. Those numbers aro not - 19 Q It could be molded out of any of 20 Q To the extent that there are GE 20 your materials? 21 numbers listed, you don't recognize them. 21 A Yes. It was just a test piece in the 22 Correct? 22 laboratory. We put it into a testing machine 23 A Yes. They're numbers before my time. 23 with a clamp on it, grab ahold of each end. 24 Q Okay. So under the column filler, 24 how much pressure to pull it apart. 25 when you got down to asbestos fiber, asbestos 25 Q So that's - what's the number on PrtfiC l"* Par* nr. 1 fabric, product number 70109,12209,1423, 1 that? Barker? 2 and 12203, you don't know when those numbers 2 A Barker 16. 3 were employed? 3 Q That's not a picture of a product A A 1 do not. If they were molding 4 at all? 5 compounds, they had to bo prior to 1948. 5 A No. It's just a test specimen. 6 Q Why do you say that? 6 Q A test specimen. 7 A Because in 1948 they went commercial. 7 (Exhibit No, 17 was marked for 8 They renumbered all the compounds. 8 identification.) 9 Q Okay. So you think this document 9 BY MS. BURR: 10 predates 1948? 10 Q Barker 17, I'm going to show you, 11 A Yes. 11 just ask you if you know this guy whose name 12 Q Thank you. 12 I've highlighted and whether he's still 13 (Exhibit No. 15 was marked for 13 alive? 14 identification.) 14 A No. 1 don't know him. You mentioned 15 BY MS. BURR: 15 his name before. 1G Q Okay. I'm going to ask you about 16 Q Looks like he -- 17 Barker 15. This looks like one of the trade 17 A That's Lexan anyway. 18 magazine ads. 18 Q He worked on the laminate side of 19 A Yeah. That was a compound we made 19 things. Right? This was the reference was 20 with our introduction into so-called 20 to Mr. L.D. Birkinshaw. 21 fast-cured general purpose fine. 21 A 1 didn't know him. 22 Q Okay. Did that product contain 22 Q Don't remember him? Don't know 23 asbestos? 23 him? 24 A No. 24 A He was in the Lexan department. 25 Q There's a product number there? 25 G Does that mean he didn't work at Page 174 rage 176 44 (Pages 173 to 176) Prioriry-Onc Court Reporting Services (71 A) 083-1234 06/23/2004 TUE 13:51 (TX/RX NO 8737] @048 06/29/2004 15:06 FAX mccarter & English llp @049/078 1 Pittsfield? 1 Q You can't tell by looking at it 2 A He may have, but not in the same group 2 what kind of molding compound was used. 3 i was in. 3 Right? 4 (Exhibit No. 18 was marked for 4 A It could have been anything. Every 5 identification.) 5 material we made went through that. It was 6 BY MS. BURR; 6 an Impact test 7 Q Okay. Barker 18 looks to be 7 Q Fair enough. 8 another distributor cap? 8 (Exhibit No. 20 was marked for 9 MS. MOHAN; Objection. No 9 identification.) 10 dale to that one, too. 10 BY MS. BURR: 11 THE WITNESS: Hmm? 11 Q Barker 20. Here. 12 MS. MOHAN: There's no dale 12 A This was a - 13 on that one either. 13 MS. MOHAN: There's no 14 A 1 can tell you that was in the 196Qs. 14 question pending. 15 BY MS. BURR: 15 THE WITNESS: Hmm? 16 Q Okay. Mid sixties, late sixties, 16 MS. MOHAN: No question pending. 17 early sixties? 17 THE WITNESS: 1 was going to 18 A All 1 can say is in the sixties. 18 say, it wouldn't pertain to me 19 Q Is that a GM distributor cap? 19 anyway. 20 A It's not a distributor cap. It's a 20 MS. BURR: Weil, give it 21 fan spacer 21 back to him. I've got a 22 Q It's a what? 22 question. 23 A A fan spacer 23 BY MS. BURR: 24 Q A fan spacer For the fan blades, 24 Q In fact, that one is pretty much 25 you mean? 25 the same document Well, I've got the copy. I'agc 177 Piiflc 17J 1 A Yeah. The fan blades on an engine. 1 At the very bottom there's a paragraph that 2 between the engine and the - on the shaft. 2 says, "Through the efforts of Mr. Kenneth 3 This was a spacer behind the fan up against 3 Bar, manager, phenolics products section, 4 the drive pulley. 4 General Electric Company." 5 Q Got you. Okay. This fan spacer 5 A Manager of GENEL products section. 6 product, would it have been made with an 6 That's what he was. 7 asbestos-containing compound, or no? 7 Q I'm sorry. 8 A 1 don't know what material they used. 8 A He was the manager of the GENEL 9 I'd guess - again, 1 can't. 9 products section. 10 MS. MOHAN: Don't guess. 10 Q Mr. Barr. Right? 11 BY MS. BURR: 11 A Yes. 12 Q Do you know if Die Molding made 12 Q And the GENEL products is what you 13 this product? 13 worked -- 14 A No. 1 don't. That one we talked 14 A That's correct. 15 about earlier. 15 Q -with. Okay. 16 Q Yeah. We did talk about this 16 A He was Frank Florentine's boss. 17 earlier. 17 Q He was the boss to Frank 18 A When 1 was complimenting the 18 Florentine? Do you know if Mr. Barr is still 19 photographer. That again Is a test 19 alive? 20 specimen. 20 A 1 believe he is. 21 (Exhibit No. 19 was marked for 22 identification.) 23 BY MS. BURR: 21 Q Where do you think he lives? 22 A Hancock. Massachusetts. 23 Q Do you have any contact with Mr. 24 Q Barker 19 is a test specimen. 24 Barr? 25 A Yeah. 25 A Pardon? F't* 178 J'nr'C uto Priority-One Court Importing Services - (71K) <)$}-1234 45 (Pities 177 to ISO) 06/23/2004 TUE 13:51 [TX/RX NO 8737] @043 06/29/2004 15:06 FAX MCCARTER 8 ENGLISH LLP @050/078 1 Q Do you have contact with Mr. Barr? 1 products. Correct? 2 A No. 2 A That's right. 3 Q Okay. He would have been more 3 Q Did yog hear that directly from 4 senior to you than Dr. Florentine? 4 Mr. Barr or who? 5 A He was. Yes. 5 A Well, that's where Frank Florentine 6 Q How long was he the products 6 would have gotten it from. 7 section manager? 7 Q Okay. Did you not have day-to-day 8 A From 1969 to 1972. 8 contact with Mr, Barr? 9 Q Who was his predecessor? 9 A Oh, t*d see him in the hall, say "HI," 10 A There was none. They created the 10 to him. 11 GENEL products section. He was the first 11 Q Did Mr. Barr have any kind of an 12 business section manager. 12 assistant? 13 Q i thought you were calling these 13 A Assistant? 14 the GENEL products in the early sixties. 14 Q Yes. 15 A The GENEL products section was created 15 A Well, he had what he would call a 16 in 1969. Prior to that, we were just known 16 staff that reported to him. Like a finance 17 as the chemical materials department. 17 manager, an R&D manager, a manufacturing 18 Q If you turn to the second page - 18 manager a marketing manager. 19 MS. MOHAN: Just let the 19 Q So Frank Florentine was his R&D 20 record reflect that this is some 20 manager. Right? 21 document from Union Carbide 21 A Right. 22 Corporation. And it is - looks 22 Q On page three of this document, 23 as though it may have been 23 I'd like you to look at two, three, and 24 produced somewhere in some 24 four. Okay. Have you looked at those? 25 production by Union Carbide. 25 A Pardon? I'ue 1KI l*iHW 1 w 1 It's not a GE document. 1 Q You've looked at that part of the 2 THE WITNESS: No, It isn't. 2 document? 3 MS. BURR: No. 3 A | have. 4 MS. MOHAN: Page two. You A Q Okay. Firstly, number three, 5 want him to look at page two? 5 there's a reference to a conversion factor to 6 MS. BURR: Yes. Where it 6 measure asbestos particles in the air. 7 says, "The intent of the 7 Correct? a meeting." 8 A Correct. 9 MS. MOHAN: Let the record 9 Q Okay. Prior to 1971, were you 10 reflect, you've never seen this 10 aware of any - any standard for measurement ii document before. 11 of asbestos particles in the air? 12 THE WITNESS: No. 12 A 1 was not 13 BY MS. BURR: 13 Q At number four, it says, "Hooker 14 Q It references a meeting that was 14 Chemical Corporation reports they use mine 15 held in June of 1971. 1 just wondered 15 safety appliance company dust foam number 66 16 whether you heard about that meeting. 16 respirator, and Genoral Electric Company 17 A No. 17 stated they also use this unit." 18 Q Okay. On the second page, you see 18 Do you know what that unit was? 19 the reference to David Guilbault and David 20 Paff, M.D.? That's where 1 got their names 19 A When was that? 1971? That would 20 have had to have been die canister type 21 from. 22 A Yeah. 21 respirators that were available. 22 Q That's what you call that was 23 Q I think you did tell me it was 23 available in the GE plant? Canister type 24 sometime in *71 where you began to hear that 24 respirators. 25 they wanted to take asbestos out of the GE 25 A It was. Pnjjo IK?. Pa! lft/1 46 0'^cs 18 Mo 184) I'riorily-Om: Court Repurlin Services - (71R) `>8:1-17.34 08/23/2004 TUE 13:51 [TX/RX NO 8737] @050 06/29/2004 15:06 FAX MCCARTER & ENQLISH LLP @ 051/078 1 Q By 1971, had you noticed if any 1 A That's correct 2 more of the production workers in the phenol 2 (Exhibit No. 22 was marked for 3 production division were using respirators? 3 identification.) 4 A 1 never noticed an increase. 4 BY MS. BURR: 5 Q At number 8, there's a discussion 5 Q Okay. f'm going to show you what 6 -- there's an indication that they discussed 6 we marked as Barker 22 and have you take a 7 this issue of asbestos dust in the handling 7 look at that document. And the question is 8 of empty product bags. Correct? 8 whether that's a document you ever saw in a 9 A Yes. 9 library in building 105. 10 Q And that's the same issue that 10 A Not that 1 recall. 11 caused you to work on developing a product 11 Q Okay. This is a publication of 12 that reduced the dust? 12 the National Safety Council from the 1930s. 13 A No. That was after that one. That's 13 But 1 guess the question for you is: Were you 14 the kind of thing that made us decide to go 14 - did you ever in the fifties and sixties, 15 out of the asbestos business. 15 was the library in the building where you 16 Q Okay, 1 forget. When -- it was 16 worked receiving this publication? 17 '69 to '70? Is that when you introduced 17 A What was the date on that? 18 that product to lay down the dust? 18 Q This publication is dated 1930s. 19 MS. MOHAN: Are you talking 19 But I'm wondering whether there was a 20 about the dedusting? 20 publication in the fifties or sixties called 21 MS. BURR: Yes. I'm talking 21 the National Safety News that you saw? 22 about the product that he worked 22 A 1 can't recall. 23 on to - 23 (Exhibit No. 23 was marked for 24 A That was back in the early sixties -- 24 identification.) 25 late sixties. 25 BY MS. BURR: 1X3 I'-jj'i: l#7 1 BY MS. BURR: 1 Q Barker 23 is an edition of 2 Q 1 think it was '69 to *70. But 1 2 Southern Power & Industry News magazine of 3 don't know why i think that. 3 unknown date. Let me ask you if you've ever 4 A '67 to '69, 4 seen editions of a newsletter or a magazine 5 Q Okay. 5 from Southern Power & Industry? 6 A But that's a different type of dust 6 A 1 have not. 7 than we're talking here. There they're 7 Q Turning to the second page, 8 talking about the raw asbestos dust. 8 there's a photograph of a guy with some kind 9 Q Okay. Fair enough. There was 9 of a machine used for collecting atmospheric 10 a circumstance where the raw - you recall the 10 dust samples. You see that? 11 problem for the GE workers was raw asbestos 11 A Yes. 12 dust? 12 Q Okay. Did you ever - well, did 13 A Correct. 13 research and development own a machine for 14 (Exhibit No. 21 was marked for 14 that purpose? 15 identification.) 15 A No. 16 MS, BURR: Barker 21 i ihinK 16 Q Were you ever aware of a machine 17 we're going to skip over because 17 like that being used to collect air samples 18 we've already addressed the 18 in the production department for the - 19 issue. It's the interrogatories 19 A Not to my knowledge. 20 from the other action, Miller 20 (Exhibit No. 24 was marked for 21 versus GAF. 1 wanted to ask him 21 identification.) 22 about Dr. Sax. Okay. 22 BY MS. BURR: 23 BY MS, BURR: 23 Q Barker 24 references some kind of 24 Q But you've already tofd us that 24 symposium from 1952. And the only reason 1 25 you don't -- you never heard of Dr. Sax. 25 present this to you is for names. On page ftipe 1XK 4? (Pages 185 to 188) Priority-Ouc* Court Reporting Services - (718) 983-1274 06/29/2004 THE 13:51 (TX/RX HQ 8737] @051 06/29/2004 15:07 FAX McCarter a English llp 0052/078 1 two, about midway down under Kline, Mr. 1 But I'm wondering whether you - have you 2 Edward M. Kline, from Cleveland. You don't 2 ever heard of a place called the Trudeau 3 know him? 3 Sanatorium, in Saranac Lake, New York? 4 A Sounds like he would have been with 4 A No, 1 haven't. 5 the lamp department. 5 Q Barker 27 is a tetter referencing 6 Q Okay. 6 -- from 1950 referencing a study that was 7 A Cleveland. 7 being carried out at Saranac Lake. 8 Q Moving forward to the Bs, a couple 8 (Exhibit No. 28 was marked for 9 pages in, it says page 16 at the bottom. In 9 identification.) 10 the middle of the page there's a B. Vosberg, 10 BY MS. BURR: 11 M.D., General Electric Company, Schenectady, 11 Barker 28 is titled, ''Feliowship 12 New York. 12 Report, Number 60," of a group known as - 13 A Don't know him. 13 apparently, from - generated from something 14 Q Don't know him. Okay. Thank 14 called the Asbestos Textile Institute. 15 you. IS MS. MOHAN: I'm going to 1$ {Exhibit No. 25 was marked for 16 object to this document. 1 don't 17 identification.) 17 see anywhere in this document 18 BY MS. BURR: 18 that indicates that GE was a 19 Q Barker 25 is a newsletter from the 19 member of the American Textile 20 industrial hygiene foundation called 20 Institute. 21 "Foundation Facts." This one's dated July 21 MS. BURR: Or the Asbestos 22 '52. The question for you is whether or not 22 Textile Institute. Right. I'm 23 you have any recollection of seeing 23 just asking him, do you think - 24 "Foundation Facts" as a publication in the 24 do you have a recollection of 25 library in building 105? 25 seeing any document like this in ` 1\iri: IHV l'mie !VI 1 A '51/52.1 wasn't there. 1 the library ol GE? 2 Q 1 mean afterwards. 2 A No, 1 didn't. 3 A Oh, no. No. 1 don't recall. 3 (Exhibit No. 29 was marked for 4 {Exhibit No. 26 was marked for 4 identification.) 5 identification.) 5 BY MS. BURR: 6 BY MS. BURR: 6 Q Okay. Barker 29 pertains to a 7 Q Barker 26 is a 1942 publication of 7 symposium or meeting that was held between 8 the National Safety Council. Is there 8 Johns-Manville and GE in 1973, And there's a 9 anything in there that looks familiar to you 9 list of attendees from General Electric 10 from an earlier time? 10 Company. And 1 was just going to have you 11 A What? 11 scan that list and see If you knew any of 12 Q Does that document look familiar 12 those people. . 13 to you? 13 A 1 knew Ed Deck. 14 A No. Not at all. 14 Q How did you know Mr. Deck? IS Q As you sit here, do you recollect 15 A He was a safety engineer for the 16 whether or not there were any documents from 16 chemical and metallurgical divisions. He was 17 the National Safety Council in the library at 17 headquartered in Schenectady, New York. The 18 building 105 ait Pittsfield? 18 chemical materials department fell under the 19 A 1 can't say with any degree of 19 chemical and metallurgical division. And he 20 certainty. No. 20 used to visit our plant on occasion. 21 Q Okay. Thank you. 21 Q He would be the one, l suppose, 22 {Exhibit No. 27 was marked for 22 that might have called for monitoring of the 23 identification.) 23 employees if there was any or air quality 24 BY MS. BURR: 24 testing if there was any. Correct? 25 Q I'm going to skip over Barker 27. 25 A 1 would guess so. i'a;;c 1 `X.i IV.c M*Z 4# (Pages 13') to 192) Priority-One Courr Reporting Services - (7IS) 98.1-12.14 06/28/2004 TUE 13:51 {TX/RX NO 8737] 0052 08/29/2004 15:07 FAX mccarter a enblish up 0053/078 1 Q As far as you know, ha never did 1 of a guy from Johns-Manviile who spoke at 2 that? 2 this 1973 conference. I'm directing your 3 A He talked more just generally overall 3 attention to the second paragraph where it 4 plant safety. 4 says, "Jack's been with JM since 1961." 5 Q You don't recall any conversations 5 Actually, 1 believe it's the remarks of Bill 6 with him concerning asbestos? 6 Bartlett, who's a JM guy. But he's speaking 7 A No. t don't. 7 to General Electric. 8 Q Do you know when you knew him? Q Ho said, "Jack's been with JM 9 Was it in the sixties, in the seventies? 9 since 1961 and involved in the environmental 10 A While 1 was working as the process 10 health field since '64, when the first 11 control engineer back in the late fifties, 11 meeting on the biological effect of asbestos 12 early sixties. 12 was held in New York just a hop end a skip 13 Q Okay. And at least as of 1973, 13 from here in the Waldorf Astoria." You see 14 when this document was generated, he was 14 that? 15 still employed by GE, it appears? 16 A Yes. 16 A It seems so. Yes. 16 Q Okay. Did you ever hear of a 17 Q Okay. You don't know whether Mr. 17 meeting between GE and Johns-Manville in 1964 18 Deck is alive or dead, do you? 18 concerning asbestos? 19 A 1 would have no idea. 19 A No, 1 haven't. 20 Q Is he a younger guy than you or 20 Q Thank you. 21 older? 21 (Exhibit No. 31 was marked for 22 A He was older than 1 was. 22 identification.) 23 Q So how old would he be today, do 23 BY MS. BURR: 24 you think? 24 Q Barker 31, have you take a quick 25 A 1 would say in 1959 1 would have been 25 look at that? l` Paf*c W 1 in my early thirties. 1 would say he was 1 MS. MOHAN: I'm going to 2 probably about seven, eight years older than 2 object to that document It's 3 i. 3 Asbestos Worker Magazine. 11 4 Q Is |\e the only one whose name you 4 says nothing about GE. Doesn't 5 recognize? 5 look as though -- 6 A The only one 1 recognize. He's the G MS. BURR: 1 know. 1 just 7 only one. 7 have a genera! question. 8 Q There's a few people on the second 8 MS. MOHAN: Okay. 9 page. 9 A What was the question? 10 A Two of those guys were in industrial 10 BY MS. BURR: 11 heating, and two of them in power 11 Q Flip - just look through it 12 transformer. 12 briefly. Okay. That appears to be a copy or 13 Q Okay. You know that because you 13 an excerpt of parts of a copy of Asbestos 14 know them? 14 Worker Magazine. And do you know -- do you 15 A Fort Wayne, Indiana was headquarters 15 have any recollection of seeing Asbestos 16 for industrial heating, and Rome, Georgia was 16 Worker Magazine in the library materials in 17 small power transformers. 17 building 105? 18 Q Okay. Your remark is tailored to 18 A No. 19 the fact that you recognize where they work? 19 Q We're going to take a break now 20 A Right. 1 don't know the names. 20 because she's got to change the tape. 21 Q Or location. Okay. 21 THE VIDEOGRAPHER: WeYe 22 (Exhibit No. 30 was marked for 22 going off the record. The time 23 identification.) 23 is approximately 3:25 p.m. 24 BY MS. BURR: 24 (Off the record.) 25 Q Barker 30. These are the remarks 2S THE VIDEOGRAPHER: We're back PaRC I'M Pap* <% 40 (P'Aji.v.s lOJto 1%) Priority-One. Court R<i|X>rtmy Service* - {7 1 8) 0$ 5-1234 06/29/2004 TUE 13:51 [TX/RX NO 8737] @053 08/23/2004 15:07 FAX MCCARTER & ENGLISH LLP 0054/078 1 on the record. The time is 1 your attorney. And it appears to be in part 2 approximately 3:30 p.m. 2 some of the contract documents involving the 3 BY MS. BURR: 3 sale of the GENEL. products division to PLENCO 4 Q Okay, Mr. Barker. We're nearing 4 in '32. 5 the end here. But we were looking at 5 The first letter on the first page 6 Asbestos Worker Magazine before the break. 6 there, the signature is E.F. Barrier, Jr. 7 Within this magazine -- this magazine happens 7 A 1 did not know him. 8 to be dated 1984. And 1 think we can concede 8 Q You do not know him? 9 that because it said -- the headline is, 9 A i know everybody else on the list, but 10 "Johnson-Humphrey Elected." 10 did not know him. 11 There's an article there by Dr. 11 Q With regard to the people on the 12 Selikoff concerning asbestos. The date on 12 list, can you tell me just briefly who they 13 that article is 1964. The question 1 have 13 all were? 14 for you is: Had you ever seen that article 14 A I spoke too soon. A couple of them 1 15 before today? 15 don't know. Blickenburger, he took Frank 16 A No, 1 haven't. 16 Florentine's place. So he was my immediate 17 Q Had you ever heard of Dr. 17 manager. 18 Selikoff? 18 Q So he was the successor to Frank 19 A No, 1 haven't. 19 Florentine? 20 Q Thank you. 20 A Actually, he was the second successor. 21 (Exhibit No. 35 was marked for 21 Q Second successor. What was his 22 identification.) 22 first name? 23 BY MS. BURR: 23 A First man's name was Mike. 24 Q We're going to jump now to Barker 24 Q No. m 25 35 because we've already looked at the other 25 A Oh, J.R. John. I don't know what the VUC IP? 1 ones. And this is just another document. 1 R. stood for. 2 It's called, The Industrial Hygiene Progress 2 Q Do you think he's still alive? 3 Reports." 1 believe it is a publication of 3 A Yes. 1 understand he just left GE not 4 the Industrial Hygiene Foundation. 4 too long ago. 5 A Sounds like it. 5 Q When did he start? Or when did he 6 Q Okay. Within that document there 6 -- was he there in the seventies? 7 happens to be another reference to Dr. 7 A No. He started sometime in the 19 - 8 Selikoff. But your testimony is you've never 8 l`m going to say the late 1980s. Late 9 heard of the guy. 9 1970s. 10 A That's right. " 10 Q Late 1970s. Okay. After asbestos 11 Q And \ take it - there's a 11 was already out of the phenol products? 12 photograph here indicating that there was a 12 A Yes. 13 panel composed of Dr. Selikoff and other 13 Q Do you remember who was between 14 persons in 1964 representing the nation's 14 him and Frank Florentine? 15 first cooperative effort by an International 15 A A guy by the name of Mike Bertolucci. 16 Labor Union, Industry & Science consulting 16 B-e-r-t-l-u-c-c-i. 17 with Government to undertake a health 17 Q Now, is Mr. Bertolucci, was ho an 18 research program for industrial workers. Are 18 organic chemist like Dr. Florentine? 19 you aware that there was such a program 19 A He was a BAT chemist. 20 undertaken? 20 Q Do you know where he got his 21 A 1 am not. 21 degree, his Ph.D? 22 Q Okay. Now we're going to 22 A 1 don't. 23 backtrack just to Barker 2, \ had a couple 23 Q You think he's stiil alive? 24 of questions. Probably not the one you 24 A 1 last talked to him sometime in 25 wanted. This document was supplied to me by 25 2000. P'iif.c m fayfi 2<K> 50 {Page* 197 to'/.IX)) Priority-One Court Roponiug Services (718) OS3-1234 08/29/2004 7UE 13:51 [TX/RX NO 8737] 0054 06/29/2004 15:07 FAX McCARTER ft ENGLISH LLP @ 055/078 1 Q It's B-e-r-t? 1 Q So, the use of the words 2 A Bert -- B-e-r-t-o-J-u-c-c-l. 2 "pelletizing" refers to how the material 3 Q Where was he living in 2000? Do 3 looked in its finished form. Right? 4 you know? 4 A That's right. 5 A Well, he left he left GENEL, and he 5 Q l already asked you - 6 went to the GE plant in Mount Vernon, Indiana 6 A I'm going to take back what 1 just 7 as R&D manager. And he left GE. 1 don't 7 said about Paul's patent. Go down to 8 know where he is now. 8 pelletizing phenoiics with a calender roll. 9 Q Okay. Was he still working at GE 9 Go back to this Appendix B. 10 when you left in '82? 10 G Okay. Well, Appendix B, what? 11 A No. He had already left GE. 11 A Pelletizing phenolics with a calender 12 Q Okay. Was he the -- 1 forgot what 12 roll. Five or six items down from what you 13 you told me. But Dr. Florentine, when did he 13 have highlighted. That was the patent that 14 retire? 14 Paul had. This other method, 1 don't know 15 A Sometime in the 1970s. Mid seventies. 15 what it refers to. 16 Q Okay. So Dr. Florentine was at 16 Q Okay. Thats all 1 wanted to 17 the helm right up until the point that 17 know. I think that's all the questions i 18 asbestos was removed from the product? 18 have. Let me take a look at my notes. 19 A Yes, he was. 19 MS. BURR: Can we go off for 20 Q And beyond. Okay. There's an 20 a minute? 21 Appendix B in this document. Let me find it 21 THE VIDEOGRAPHER: We are 22 for you. Appendix B is entitled, 'Invention 22 going off the record. The time 23 Disclosures." And there are - there's a 23 is approximately 3:40 p.m. 24 numbers column. 8CG138. 8CG140. 24 (Off the record.) 25 A Phenolic material. 25 THE VIDEOGRAPHER: We're back Page Pafcc ?.m 1 Q Right. Is that a patent number? 1 on the record. The time is 2 A It might be. A man by the name of 2 approximately 3:45 p.m. 3 Paul Barker held a patent on pelletizing. 3 MS. BURR: Mr. Barker, I've 4 Q Was he a GE guy? 4 asked you questions ali day long. 5 A Yes, he was. 5 1 just want to state for the 6 G Did he work with you in research 6 record now, at this point, I've 7 and development? 7 finished my questioning. 8 A No. He was in the manufacturing 8 CROSS-EXAMINATION BY MS. MOHAN: 9 area. His title was shop operations 9 Q Mr. Barker, good afternoon. Cathy 10 manager. 10 Mohan. 1 just have a few questions for you, 11 Q Was this in the sixties or 11 and then we'll let you go. You're here today 12 earlier? 12 being deposed in the Terrance Hill matter. 13 A It would be in the 1970$. 13 That's correct? 14 Q 1 thought that it was -- well, 14 A Yes. 15 strike that. 15 Q And as part of your preparation, 1 16 Was this pelletizing phenolic 16 asked you to read Mr. Hill's deposition. Is 17 material, did that pertain to the molding 17 that correct? 18 compound making process or the molding 18 A That's true. 19 process? 19 Q And you read Mr. Hill's 20 A it was -- Pelletizing is manufacturing 20 deposition? 21 material or making the compound. 21 A 1 did. 22 Q Okay. 22 Q And are you familiar with the job 23 A There are a number of ways of doing 23 duties of Mr. Hill? 24 it. Paul just happened to do that, the way 24 A He was a molder. 25 we used. There are other ways of doing it. 25 Q And did Mr. Hill work in a i'aftc 102 i*;HK 2<M 51 (Hugos 201 lo 204) Priority-One Court Reporting Services - (71 S') l)X'V 12M 06/29/2004 TUE 13:51 [TX/RX NO 8737] @055 06/29/2004 15:08 FAX MCCARTER S ENGLISH LLP @056/078 1 department called the premelding department 1 dust with these preformed materials. 2 at Die Molding? 2 A Not at that stage. No. 3 A From his deposition he worked in the 3 Q Did Die Molding ever make flat 4 molding department. 4 iron handles for GE? 5 Q And did he work - i should say 5 A No. 6 did he work with premolded material? 6 Q And why would Die Molding have not 7 A He worked with premolded - preformed 7 made flat iron handles for GE? a material. 8 A General Electric fiat iron division 9 Q Preformed material. Could you 9 was under the GE housewares. They had a 10 explain to us what preformed material is? 10 plant in Ontario, California. It was totally ii A Die Molding would receive the 12 material, it would be In powder form. 11 captive. They made everything for the flat 12 irons themselves. 13 Preforming merefy moans to take the powder. 13 Q So GE would not have hired out or 14 automatically fed into a cavity. The cavity 14 subcontracted out a small company like Die 15 could be rectangular, U could be square, it 15 Molding to make their flat iron handles If 16 could be round, in Die Molding's case they 17 used a round preform. 16 they had this big company, big division in 17 California making it for themselves. 18 The cavity had a bottom plunger 18 Correct? 19 that comes up, has a top plunger that comes 19 MS, BURR; Object to form. 20 down. They come together, and they compress 20 A That's correct 21 the material into a hard shape. Whatever 21 BY MS. MOHAN: 22 shape that that cavity is, that's the shape 22 Q As part of your preparation for 23 of the preformed. It's ejected. Kicked 23 this deposition today, did i also have you 24 out. Just keeps repeating itself over and 24 read Mr. Donald Dew's deposition? 25 over. 25 A You did. rage 205 1 Q In what stage did Mr. Hill in the 1 Q And Mr. Donald Dew was the 2 molding department receive the material? 2 president of the Die Molding Corporation 3 A It would be in a preform shape. 3 between the 1960s and 1970s. Is that 4 Q Describe what that material was. 4 correct? 5 the thickness of it, the hardness of it. 5 A That's right. 6 A The hardness would be measured by an 6 Q And I'm going to refer you -1 7 instrument called a durometer. And usually 7 don't know. 8 around 6,500 durometer scale. The size of 8 MS. MOHAN: Do you have Donald 9 it, that depends on the molder. It could be 9 Dew's deposition? 10 anywhere from an inch in diameter up to four, 10 MS. BURR: 1 actually do. 11 five inches in diameter. 11 Yes. 12 Q What did Mr. Hill describe the 12 BY MS. MOHAN: 13 size -- what did he describe the size as 13 Q I'm going to refer you to the last 14 being? 14 page of Donald Dew's deposition. Page 164. 15 A He said it was like a cupcake. 15 And it goes over to page 165, where Mr. Dew is 16 Q When he received it, was It hard, 16 being asked about the number of pounds per 17 hard to break? He couldn't break it with his 17 day a molder might be working with. 18 hand? 18 A Correct. 19 A No, 19 Q And 1 want you to just read that. 20 Q So when - by the time Mr Hill 20 and I'm going to ask you some questions for 21 received the product to work with it, it was 21 it. 22 already made in this preformed hard 22 A Okay, 23 material. Is that correct? 23 Q And onto the next page, too, Mr. 24 A That's correct. 24 Barker. Right there on the top. 25 Q And there wouldn't have been any 25 A Yes. 2<>t P.'iri; 20S 52 {Pages 205 to 208) Priority-One* Court Keporiinj' Services - (718) 983-12.54 06/23/2004 TUE 13:51 [TX/RX NO 8737] @056 06/29/2004 15:08 FAX McCarter & enslish llp @057/078 1 Q Now, Mr. Donald Dow does say that 1 you told us your visit to Die Molding 2 this was a great approximation, but he 2 occurred in the 1980s. Correct? 3 answers yes to a question that says that 3 A That's correct 4 approximately 2,000 pounds of phenolic 4 Q Not the 1960s. Okay. Would It be 5 molding compound was used in an average day 5 fair to suggest that perhaps a plant like Die 6 from 1960 to 1966, per person, which would 6 Molding, which 1 believe had several hundred 7 have equated 120,000 pounds of material on 7 employees, could have used 1$ million pounds 8 any glvon day. 8 on an annual basis of molding compound 9 Do you think that could possibly 9 material? 10 be accurate? 120,000 pounds on any given day 10 A I'd be very surprised because a 11 for the size of Die Molding? 11 customer that big -- put it in perspective. 12 MS. BURR: Object to form. 12 Our largest customer at GE was Delco Remy 13 A I'd say it's an unusually hrgh 13 division of General Motors. They used eight 14 number. In tho 1960s, that would represent 14 and a half million pounds of compound a year. 15 about 60 percent of GE's total production. IS That was an account just about every 10 That calculates to about 30 million pounds of 16 manufacturer of phenolic material wanted very 17 material a year, based on an eight hour day. 17 bad. 18 three shifts, 12,000 pounds -120,000 pounds 18 1 wouldn't say it was the biggest, 19 turns into 600,000 pounds a week or 30 19 but it was one of the biggest. 20 million pounds a year. 20 O Okay. But that account could have 21 1 don't know of any phenolic 21 been buying from other providers as well. 22 customer that even came close to that 22 Correct? 23 number. 23 MS. MOHAN; What account? 24 BY MS. MOHAN: 24 MS. BURR: The one he mentioned? 25 Q And that's based on your 25 A DeJco Rcmy? I'ajte 209 Pane 2! 1 1 experience of being in the business for more i Q Delco Remy. Or did they buy 2 than 40 years and having even visited the Die 2 strictly from GE? 3 Molding plant. Is that correct? 3 A No. They bought from others. We only 4 A That's correct. 4 had the distributor cap business and what G Q In the 1960s, was there a 5 they called tho rotor business. PUENCO sold 6 particular company that was tho major 6 thorn compounds for other applications. Union ? supplier of phenolic molding compounds for 7 Carbide sold them somo compound. 8 pot handies and lids? 8 We weren't the sole supplier. But 9 A It was cither PLENCO or Durox. They 9 we had the major share of the business. 10 were both big in that business. 10 BY MS. BURR: 11 Q Did they have a reputation for 11 Q Okay. But the fact is, you 12 having the right phenolic molding compound to 12 haven't seen any documents of Die Molding, so 13 make pot handles and pot lids? 13 you really don't know how big their business 14 A They did. 14 was? 15 Q Was GE have a small market share 15 A This is based on what Mr. Do said. 16 of the phenolic molding compound for pot 16 Q Okay. And so you think Mr. Dow 17 handles and lids? 17 overestimated somewhat? 10 MS. BURR: Object to form. 18 A l do. 1 think he probably added an 10 Go ahead. 19 extra zero on that 120,000 pounds. Even that 20 A Yes, we did. 20 would bo a lot of compound. 21 BY MS. MOHAN: 21 Q You spoke earlier about the cloud 22 Q 1 have no more questions. Thank 23 you, Mr. Barker. 22 of dust that generated in tho sixties when 23 people dumped the 50-pound bags, one or more 24 REDIRECT EXAMINATION BY MS. BURR: 24 of them, out into a bln, onto a floor. 25 Q Now, just for the record, J think 25 whatever. Correct? F'fij-c, 210 rape 212 53 (Pages 200 U>2I2) Priority-One Court Reporting Services - (71 H) V83 1234 08/29/2004 TUE 13:51 [TX/RX NO 8737] @057 06/29/2004 15:08 FAX McCARTER & EN6LISH LLP @058/078 1 A Yeah. When they get up to the hopper, 1 MS. BURR: 1 don't have the 2 take a bag, take a knife, cut it open and 2 article itself, Right. It's 3 just tip the bag down. 3 reprinted in this magazine, 4 Q Right. 4 BY MS. BURR: 5 A The first bag, if the hopper is empty, 5 Q Did you know In the 1960s that 6 the first bag is going to generate a sizable 6 those who were interested in asbestos 7 dust cloud. The second bag, not as much 7 exposure were saying that the traveling 8 because the material is not going to fall as 8 nature of the floating fibers endangered not 9 far. g only the workers intimately contacted with 10 Q You've indicated to us you're not 10 the asbestos, but for all the other people 11 a student of asbestos exposure in any 11 working in the plant? 12 respect. Correct? 12 MS. MOHAN: I'm going to 13 A No. 13 object to the form of the 14 Q In fact, your testimony has been 14 question. Can 1 see that? 15 you didn't know a thing about it in terms of 15 Yeah. Just for the record, 16 it being hazardous to humans until the early 16 this is talking about insulation 17 1970s. Correct? 17 work. This is talking about 18 A That's right. In those days, it was 18 insulation, it's not talking 19 considered a nuisance dust. 19 about phenolic molding 20 Q Okay. So I'm correct in assuming 20 compounds. 21 that you have no idea that asbestos fibers. 21 MS. BURR: Right. But with 22 once airborne, could travel distances? 22 regard to asbestos In general. 23 MS. MOHAN: l`m going to 23 MS. MOHAN: M doesn't 24 object to the question. Object 24 specifically say asbestos in 25 to the form of the question. You 25 general. In fact, it I'agc 213 P:igc 3LS 1 can answer if you know the 1 specifically says insulation. 2 answer, Dick. 2 BY MS. BURR: 3 A No, i don't. 3 Q Regardless. But with regard to 4 BY MS. BURR: 4 phenol molding compound, the product that was 5 Q Where's that "Asbestos Worker" 5 dumped - well, strike that 6 magazine? 6 The raw product or the final 7 MS. MOHAN: It was one of the 7 product that left GE and was the raw product 8 iast ones. 8 to Die Molding was asbestos-containing in the 9 BY MS. BURR: 9 context of the heat-resistant compound 10 Q Okay. In this "Asbestos Worker" 10 material. Correct? 11 magazine we looked at from 1964, there is an 11 A True. 12 article that was published in the American - 12 Q And in the cloud of dust that 13 the Journal of the American Medical 13 generated when that type of product was 14 Association, April 6th, 1964. And in that 14 dumped could well include asbestos fibers, 15 article the -- 15 could it not? 16 MS. MOHAN: Just so the 16 A It could. But at that point. It would 17 record is clear, you actually 17 probably be a very low concentration. 18 don't have the article. You're 18 Q And you don't know, as you sit 19 reading from something that's 19 here today, how much of a concentration 20 paraphrasing the article? 20 anybody would have to breathe in order to 21 MS. BURR: No. The article 21 contract mesothelioma? 22 is here. It's in the Asbestos 22 A No, l don't. 23 Worker magazine. 23 Q That's ail 1 have. Thank you very 24 MS. MOHAN: That's what I'rn 24 much. 25 saying. You actually don't - 25 CROSS-EXAMINATION BY MS. MOHAN: 214 l'|fe 216 54(P',iy.K?.l3to2K>) Priorhy-Ono Court Reporting Services -(7!X) <*8:1.121*1 08/29/2004 TUE 13:51 [TX/RX HO 8737] @058 06/23/2004 15:03 FAX mccarter a English llp @ 059/078 1 Q 1 just have one more question. 1 certification of witness 2 Mr. Hill didn't work in the area or in the 2 1 have read the foregoing transcript of my 3 department that actually got the phenolic 3 deposition and find it to be true and 4 molding compound bags in. Is that correct? 4 accurate to the best of my knowledge and 5 A No. That's correct. 5 belief. 6 Q Okay. 6 7 MS. BURR: We're finished. 7 8 THE VIDEOGRAPHER: This is 8 9 the end of the deposition. There 9 RICHARD BARKER 10 are three tapes total. The time 10 11 is approximately 4:01 p.m. 11 12 12 Sworn and subscribed lo before me on 13 13 this day 14 14 of . 2004 15 15 16 16 17 17 Notary 18 18 My Commission Expires 19 19 20 20 21 21 22 22 23 23 24 2-1 25 25 PHILIP Pane 21') 1 CERTIFICATE 2 1. DEBRA deHAAS, a Notary Public, do hereby 3 certify that prior to the commencement of the 4 examination 5 RICHARD BARKER 6 was sworn by me to testify to the truth, the 7 whole truth and nothing but the truth. 8 1 DO FURTHER CERTIFY that the 9 foregoing is a true and accurate transcript 10 of the testimony as taken stenographically by 11 and before me at the time, place and on the 12 date hereinbefore set forth. 13 1 DO FURTHER CERTIFY that 1 am 14 neither a relative of nor employee nor 15 attorney nor counsel for any of the parties 16 to the action, and that \ am neither a 17 relative nor employee of such attorney or 18 counsel, and that 1 am not financially 19 interested in the action. 20 21 22 23 Notary Public 24 25 Page 21H Priuhty-Ono Court Reporting Seiviccs - (71S) 983-1234 tf(Pa|ys217to21<>) 06/29/2004 TUE 13:51 [TX/RX NO 8737] @059 06/29/2004 1 5:09 FAX MCCARTER & ENGLISH LLP 080/078 08/29/2004 TUE 13:51 [TX/RX HO 8737] @080 06/23/2004 15:09 FAX MCCARTER & ENGLISH LLP 0 06 1/078 ........ A................ . able 1 i:|4 14:15 15:7 31:7,8 87:20 above-captioned 2:3 abrasive 164:18 abreast J 3H: 13 accent 00:18 accepted 41:15 access 43:5,0 78:2.1 account 211:15,20,23 accounts 69:25 accurate 209:10 218:9 219:4 acquired 12; 13 33:4,10 action 186:20 218:16 218:19 activities 13:18 activity 125:1 actual 15:21 50:6 87:2 105:11 137:12 152:1 ],15 164:6 ad 149:21,22 added 71:3 212:18 addition 89:5 110:1 address 9:24 18:1?. 10:6.15 addressed 186:18 adequately U;22 adhere 59:22 administered 143:15 Adrian 91:52 ads 174:18 advantage 76:2,4 advantages K6;?5 advertisement 158:14 169:3 afternoon 7.04:9 age 91:20 ago 48:14 74:7 300:4 agree 55:20 69:8 96:8 158:7,8 170:4 agreement 75:6 ahead 13:20 J 17:6 210:19 ahold |75;23 air 49:3,5 105:25 108:12 16-1:11,23 165:2,8,12,15 166:2 166:4 184:6,11 188:17 192:23 airborue213:22 Akerrnan 122:16,18 A! 119:8,9 122:16,23 17-2:24 alive 2t>:4 51:20,22,25 52:4 92:1,4 120:7 \ 33:2.13,13 176:13 180:19 193:18200:2 200:23 allaying 106:28 alley 33:16 altogether 19:2 aluminum 94:7 i 13; 18 American 142:5 147:13 191:19 214:12.13 amount 93:3 amount* 99:18 114:5,6 118:4 analysis 68:6 annual 104:1,19,24 126:19 133:22 211:8 answer 14:6,7.2.24 44:13 106:14,15 107:13 108:19 117:8 117:13,15 145:16,17 173:19 214:1,2 answering 14:8 answers-5:7 6:!0 2l :14 22:16 43:72 7.09:3 answer's 48:20 anybody 45:16 89;25 128:7 130:1,22 133:15 142:21 216:20 anymore 74:4 Anyplace 99:12 anyway 89:21 176:17 179:19 apart 133:22 171:7 175:24 apologue 36:16 %:4 apparent 68:3 apparently 191:13 appear 169:2 APl'KARANCRSI;! appeared [49:24 appears 144:1-1 163:3 161:19 169:25 193:15 196:17. 199:1 Appendix 203:21,22 203:9,10 appliance 184:15 application 96:13 99:11 156:19 applications 69; 13 84:5 168:16 21 ?.:6 Applies 1:16 appropriate 24:13 approximately 2:9 8:3 23:16 31:9 55:2,6 102:21,25 105:5 110:5 112.7 121:23 122:2 129:1,5 151:24 196:23 197:2 20.3:23 204:2 209:4 2)7:11 approximation 209:2 April 2:8 8:2 19:14 214:14 arbitrary 113:12 arcing 151:4,16 Arden 91:13 arduous 89:10 area 20:5 29:10,21,7.1 52:3,13 54:9 125:13 165:10202:9 217:2 ureas 40.21 argue 99:20 arising 44:3 arrived 43:15 71:6 arrow 167:24 article 5:24 6:3 7:8,10 7:11 49:2 161:4 197:11,13,14214:12 214:15,18,20,21 215:7 asbestos 1 :f> 6:24 7:6 8:15 26:24 27:3,9.23 27:23 28:1 41:19 44:7 47:25 48:18,24 49:6,14,18 53:2,6,19 53:22 56:7,17 57:1,8 57:23 65:8 70; 15.16 70:18 71:2,8,17.23 72:7,14 76:1 US 77:5,25 78:2 82:9 85:14,14,19,21 86:10 86:15,16,16.20,21.23 87:3.8,11,17.24 89:8 89:21 93:1.13 94:4,9 9-1:12,20 95:3,4,19 95:25 96:1 97:14 99:17,22 100:8 101:11,15,16,18 110:6 112:8,10,16 113:9,13.20114:1,7 114:17 116:8 I2K;5 128:17 129:11,19,2.3 130:6 131:21 132:2 134:21 135:4.14,24 136:1,7,10 141:7,7 141:23 147,; | 143:2 148:5 149:6 151:12 158:20 160:7 167:12 168:5,9 170:2 173:25 173:25 174:23 1X2:25 184:6,11 185:7,15 186:8,11 191:14.21 193:6 195:1 US 196:3.13 196:15 197:6,12 200:10201:18 213:11.21 214:5,10 214:22 215:6,10,22 215:24 216:14 asbestos-containing 56:21 63:22 66:7,10 136:17 175:14 178:7 216:8 asbestos-free 25:13 26:18 27:18 28:10 113:1 asbestos-related 15:13 26:14 91:16 128:12 asked 20:22 55:13 93:16 96:3 156:1 203:5 204:4,16 208:16 asking 14:20 129:8 153:4 156:3 191:23 aspects 48:12 assembly 46:14 assign 32:16 assigned 29:20 32:1 42:10 assignment 29:10 assistant 182:12,13 associate 126:11 associated 1) :24 134:10 Association 214:14 assume 14:7 assumed 24:19 assuming 12:4 213:20 assurance 23:19 24:16 Astoria 195:13 Asylum 3:1! atmospheric 188:9 attck9h2l attempt 145:22 attend |30;5 attendees 7:2 192:9 attention 153:1! 167:24 195:3 attorney 9:1 10:10 13:12 17:13 18:16 23:9 [99:1 218:15,17 attorneys 3:7,14 20:19 22:19 67:9 attorney's 16:19 August 18:23 Author 6:22 Auto 6:6 . automatically 205:14 automobile 95:12 automobiles 145:21 automotive 66:21 67:1 98:14 145:20 146;!R 147:2 availability 43:10,24 available 44.15 45:13 55:21 135:19 184:21 184:23 Avenue 2:7 3.-1 8:5 78:10 80; 10 137:15 average 2U9;5 avoid 105:22 151:15 aware 41:5 43:25 48:24 49:19 66:2.5 72:7,19 131:25 133:23 134:2 143:5 184:10 1X8:16 198:19 awareness 49:15 awful 139:2 a.m 8:3 55:2,6 5 ft t R 5:1 9:13 189:10 201:21,22 203:9,10 back 22:21 38:20 54:6 55:5 58:23,25 59:1 60:3 61:4,14.15 07:13 91:5 92:15 102:23 1)2:12 f 1 ; ; \ l \ 121:25 124:4 120:4 149:20 152:1163:21 179:21 185:24 193:11 196:25 203:6 203:9,25 backtrack 198:23 ; l | ? l 1 backwards 20:6 bad-19:8 87:25 106:9 211:17 bag 40:4,6 108:2 213:2 213:3,5,6,7 bags 40:2 62.16.19 63:1964:1,12,17 ? 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Raker 173:16 balance 62:24 Bar 180:3 i i 1 Barker 1:13 4:3 5:4 8:9 l 8:12 9:2310:1.6 11:2 j 13:11 22:12.21 54:22 \ 55:8 103:3 122:5 \ 129:7 1-18:23 149:16 \ 151:21 152:7.20 157:13 159:6 160:18 160:25 161:19 163:17,25 166:16 167:3,23 172:8 174:17 175:1 176:1 176:2,10 177:7 178:24 179:11 1X6:16 187:6 188:1 188:23 189:19 190:7 100:25 191:5,11 192:6 194:25 19.8:24 197:4.24 198:23 202:3 204:3,9 208:24 210:23 218:5 210:9 Barr 180:10,18,24 181:1183:4.8.11 Barrier 199:6 Bartlett 195:6 based 123:19,21 156:9 209:17.25 212:15 bases 70:3,3 basic 13:1! 15:6 basically 134:7.3 135:1 150:25 j l j r } 1 ! j \ ^ \ ; : \ [ ; i ; j | j : l 06/29/2004 TUE 13:51 [TX/RX NO 8737] 0061 06/29/2004 15:09 FAX MCCARTER & ENGLISH LLP @062/078 Page 2 basis 28:1 54:12 55:20 68:2 104:1,24 211:8 HAT 200:19 butch 58:6,12 05:12,IS 65:2! 70;H batches 53:4 61:12 battery 110:18 bearings 54:14 Bedel 51:1,20 52:1,16 52:18,20 began 37:14 49; 13 182:24 beginning 23:4 43:6 44:17 60:17 behavior 15:4 belief 210:5 believe 11:21 49:2,7 149:1 IS0:2Q 195:5 198:3 211:6 believed 44:IS bell 72:1 belong 130:9,17. belonged 130:16,23 131:11.13 bell 60:11 beneath 61:7 133:16 Bert 201:2 Bertolttcci 200:15,17 best 14:23 2)9:4 bet 122:13 168:17 better 34:23 60:0 86:11 86:20 101:22 beyond 21:22 13G: 13 201:20 big 15:3 40:11.15 48:4 50:12 58:11,20 59:4 61:14 79:24 110:23 110:25 1 11:3 120:23 139:7 207:16,16 210:10211:11 212:13 bigger 61:10 111:2 121:9 139:4 biggest 81:15 84:8 211:18,19 BIN 195:5 billions 104:5 bin 212:24 biological 105:11 bird 19:5 Bfrkiushaw 176:20 bit 29:3 88:22 166:1 black 89:3 158:18 blade 58:20,25 blades 177:24 178; l blast 165:2.8 166:4 blasting 164:24 165:15 blasts 164.12 blend 58:9 65:25 66:2 67:18 blended 39:25 40:3 blender 58:9,18,19 6U17 67:16 107:20 blending 59:7 Blickenbnrger 199:15 block 110:8,10 111;! 111:13 . blocks 110:4,5,16 111:25 112:2,2,6 blot 105:24 blow 165:2,13 166:4 board 26:25 27 4,5,6 28:17 93:18 168:15 body 93:21 bone 175:15,16 book 136:22 140:23 141:6,11,11,13,18 153:4,5 hooks 21:2 79:20,25 137:2,5,9 boosting 31:5 borne 165:12 boss 49:7 180:16,17 bottom 109:6 154:19 180:1 189:9 205:18 bough! 66:20 71:10 75:18 103:17 212:3 bowl 53:16 boxes 62:16 Boy 168:8 brass 166:3 break 5*1:21 60:14,21 62:1,3,7,8 102:17 107:21 128:23 129:8 151:20 196:19 197:6 206:17si7 breakdowns 104:1 i breakers 70:2 breaks 93:23 breathe 216:20 briefly 196:12 199:12 bring3l;8 76:24 140:23 broad 56:3 broader 138:8,10 brochures 80:5 broken 61:4 89:2 brown 158:18 Bs 189:8 Bud 90:15,16 Buffalo 3:5 building 37:10,12,12 32:14.1933:8,10,11 33:1934:4 35:11 78:7,9,11,12,18,19 78:20 80:17,24 81:1 83:12 84.17,18 116:2 116:21 117:1 118:10 136:24 138:1,7 142:5 160:21 187:9,15 189:25 190:18 196:17 buildings 32:17,18,23 33:13.14,20 35:13,16 buildup 151:2 built 83:23 bulletins 46:11 Burkinshaw 125:23,25 burn 151:6,11 Burned 7:11 150:5 burnt 151:6 Burr 3:6 4:5,77:15 8:24,25 9:22 10:9,24 12:1,11 13:7.9 16:18 17:12,23 18:6 21:5.8 22:5,10 23:12 5.5:7 63:7,9 64:21,24 65:15 77:16,20 81:5 81:9 82:19 88:15 95:24 96:2 98:11,16 100:3,6 103:2 104:8 104:16 106:13 108:16 112:22 113:5 117:14 121:19 122:3 123:4,10 128:22 129:6 139:12,18,21 139:25 140:25 141:2 141:12,16 142:25 143:25 148:31 149:15 152:5.17,18 155:13.19,24 157:11 157:20 158:2,4 159:2 159:13 160:16,24 161:17 162:1 163:16 166:15 167:1,21 168:3,20 169:11 171:19 172:7.16 173:14 174:15 175:10 176:9 J 77:6 177:15 178:11,23 179:10,20,23 182:3,6 182:13 185:21 186:1 186:16,23 187:4,25 18H;22 189:18 190:6 190:24 191:10,21 192:5 194:24 195:23 196:6.10 197:3,23 203:19 204:3 207:19 208:10 209:12 210:18,24 211:24 212:10214:4.9.21 215:1.4,21 216:2 217:7 business 11:5,7,8 7,2:3 23:1,22 38:16,18 3.9:20 48:13 63:13 69:18 76:15 82:13,17 83:15 96:9 102:1,10 117:16 118:20,25 156:9 170:22 181:12 185:15 210:1,10 212:4,5,9.13 butted 41:22 buy 212:1 buying 66:15 112:9 2! 1:21 BzuUla 119:8,9 120:6 122:15,16 B-c-r-t 201:1 B-c^r-t-l-u-c-c-i 200:16 B-e-r-t-o-l-u-c-c-i 201:2 B-ur*k4n-s-h-a-w 125:25 B-u-r-r H:25 B-z-U'I~d-a 119:f0 c f.' 9:13 218:1,1 219:1,1 cabinets 140:5 cable 150:10,14 calcium 94:8 113:18 calculates 209; 16 calculation 24:5 calender 203:8,11 California 51:21 120:9 123:16 207.10,17 call 39:16 48:3 65:25 71:18 109:3 119:11 17.4:2.3,4,24 149:22 183:15 J 84:22 called 2:2 9:17 27:17 35:24 36:12 38:7 53:16 61:1471:11 115:14 142:19 143:6 149:4 165:24 170:24 175:15 187:20 189:20 191:2,14 192:22 198:2 205:1 206:7 212:5 catling 181:13 calls 172:18 Canada 72:10 Camudota 16:16 cancer 49:1 canister 184:20,23 canister-type 44:4 canvas 109:7 cap 144:8 145:6 146:21 147:14,1 6,16.18,24 147:25 148:6.7,10.10 148:14,15,18 149:18 149:19 150:9,1.7,17 150:22 177:8,19,20 212:4 capacity 30:16,19 caps 7:8 66:22 144:19 144:20 145:2 M6;22 146:24 147:7,12 148:2 caption 163:20 captive 70:8 '207:1 ] car 99:12 110:19 Carbide 6:9 40:1441:3 41:8 79:10 106:17 L 109:18124:20 1 170:16,24 171:9.10 181:21.25 212:7 Carbide's 41-.17 carbonate 94:8 113:18 card 67:12 care 12:17 career 103:24 Carey 72:10 86:14,15 86:19 Carload 5:19 , i I i carried 191:7 case 6:11 8:13 10:1! 15:11 17:6 18:3,5 i 21:16,24 30:23 98:17 146:15 156:21 205:16 cases 98:15 99:8 casing 98:20 catalog 5:9,10.17.16,18 5:20 catalogs 150:3 category' 160:5 Catherine 3:13 9:4 Cathy 93:14,15 204:9 cause 48:25 caused 107:17 185:11 causing 150:23 j [ [ l \ caution 135:6 cavities 154:18,22 l cavity 205; 14,14,18.22 cellulose 88:22.22 100:10,12 center 58:19 126:18,20 140:7 150:11 154:16 central 110:22 l cents 94:24 certain 54:1! 69:12,13 87:4 135:5 certainty 160:9 190:20 Certified 3:IS certify 218:3,8.13 CFI 163:12 \ chalky 89:4 challenge 79:9 chamber 154:13,18 chunge45:1 54:23 146:5 151:20 196:20 changed 39:2,6 45:20 146:18 157:3 161:13 changes 124:16 146:1,3 changing 44;25 charge 16:5 138;) 2 150:21 chart 5:21.22 ] check 67:25 76:1 chccktug 54:14 chemical 39:3 119:14 126:3 131:8 1X1:17 184:14 192:16.18,19 , j. 06/23/2004 TUE 13:51 [TX/RX NO 8737] @062 06/29/2004 15: 10 FAX MCCARTER & ENGLISH LLP @ 063/078 Page 3 chemist 200:18.19 chemistry 26:2 chuniivls 50:16 Cheshire 10:2,3 Chicago 17:5 Chicopee 20:7 children 20:2 chip 165:11 chips 60: M,1 5,20 105:1,4,4 chrome 162:18 Chrysler 145:6,10,11 145:13,19 147:11.14 148:14,15,18 ctirysolilii 7 l: 18 72:8 72:18 73:9 86:10 ! 10:6 112:7 cigarettes 111 ;3 Circuit 70:2 Circulated 124:5 circumstance 186:10 city 1:5 134:9 137:16 Cttyl'IacK 3:10 Civil 2:4 claim 143:20 claims 143:9,10,15 clamp 175:23 classified 57:5 classify 60:25 day 68:23 idenndirn.lX cleaner 39:19 cleaning 165:18,20 clear 27:1 J 37:3 214:17 clearing 117:7 Cleveland 2:7 8:4 1.89:2,7 climates 151:2 climbing 79:1 clipboard 67;! 3 dose 31:2 33:15 90:1 103:25 125:9 154:18 209:22 Closed 109:12 cloud 40:7 64:6,7 105:15 212:21 213:7 216:12 clue 13:8 coal 57:9,18,23 70:19 coarse 60:25 coarser 6! :3,18 coating .19-.} | 40:S coil 150:12 cold 60:3,4 collect 188:17 collected 79:4 80:4 109:4 i collecting 188:9 collection J 18:3 137:1 color 57:13,14 158:10 column 16*8:4 173:5,6 173:24 201:24 Colvin 90:15,16.17 combination 89:6,9 come 19:13 20:73 26:21 30:18 44:3 46:16 56:10 59:24 60:9 72:13 76:6,19 84:10 86:2! 112:24 118:15 128:11 140:15 144:15 154:20 157:3 165:1 205:20 Comerford 11:13 comes 68:15 93:6 205:19,19 comic 91:4,5 coming 60:22 110:12 110:21 129:9 150:15 151:5 Commencement 218:3 commencing 2:8 commercial 81:25 174:7 Commercially 84:12 Commission 219: IS common 57:3 commonly 135:20 comp 143:15 companies 75:2 112:3 company 3:15 10:14,15 15:15,19 16:3.13 22:25 23:1824:3 38:7 43:4 73:2 74:19 74:23 78:3 117:23 118:5 120:20 J27;M 143:14 147:2 149:2.3 155:23 18();4 184:15 184:16 189:11 197.;10207:14,I6 210:6 comparator 172:19,21 compensation 143:20 competed 40:20 competition 76:15 competitive 76:3 125:1 competitor 39:23 75:3 75:4,16 170:17 competitors 39:16 40:11 72:21 75:2,8 75:12,14 108:3 complaints 41:4 complete 5:16 14:21 temptac 32:21,22 34:2 81:4,6,6.8 82:25 126:12 complimenting 178:18 component 47:25 110:8 165:16 167:13 components 1 10:4 135:5 composed 198:13 composition 67:23 compound 11:4,8 25:7 25:14 26:19 28:10.14 30:11 31:15 35:5,20 35:22 36:22,23 37:5 37:10 3S:IS,22 39:5 39:6,1740:1241:2 42:1244:16,22 52:14 53:19 56:4,12,13,18 56:20 66:13 68:8,13 68:14 69:20 70:14 73:14,17,23 74:16 75:22 76:7,8 77:11 77:12,17,24 Sl:l8 34:20,21 85:5,12 92:21,23 93:19,20 '>4:7,15,1797:6,7,13 97; 17,17,23.23 101:14,16,17,21,25 104:3,22 105;|4 106:19 112:16 113:2 113:7 114:6 128:1! 129:18 135:24 136:7 H5:4,7,12 147:11 148:4 149:6 151:18 153:14,16 156:13 158:17,22 169:9,22 169:24 170:8,9,12,14 I74;I9 175:14 178:7 179:2 202:18.21 209:5 210:12,16 211:8,14 212:7,20 216:4.9217:4 compounding 59:10 65:7 compounds' 23:23 27:7 27:10 30:4 35:10 39:12 4Jr2l 53:4 56:6 66:7,10 72:4,23 75:9 80:14 83:7 S7:4 89:17 94:2,4 96:11 99:16 100:22 101:4 101:10 102:1.4 105:7 f 10:2 111:24 113:21 114:12 117:19 118:12 145:14 174:5 174:8 210:7 212:6 215:20 compress 205:20 compression 36:1-1 153:13,18 154:4,7,8 155:1 156:4,6,13.15 156:23 157:5 computer 79:22 concede 197:8 concentration 216:17 216:19 concerned 132:15 160:2 concerning-11:6 77:22 129:11 131:20 132:2 132:5 193:6 195:18 197:12 concerns 91:18 conducted 131:22 conference 15:22 139:4 195:2 confine 22:24 Congress 6:20 Cimncclicut3:l2 20:7 137:17,19 149:3 connection 89; |3 110:11,20 120:15 Connections 111:1 consider 142:9 Considered 93:22 95:5 113:20 213:19 constantly 58:23 59:1.9 60:7 164:20 consulting I9S;(6 contact 150:20,29 180:23 181:1 183:8 contacted 23;18 215:9 contain 92:25 97:13 99:17 101:11,16,18 134:20 158:19 174:27 contained 56:(iJ 7 72:5 77:6.25 79:17 93:7. 93:12 101:15 110:5 112:7,10.16 113:10 114:20 124:14 167:12 container 66:1.3 105:15 106:10 107:10 MW: 17. containers 62:25 71:6 continuing 70:15 113:19 containiuatiun 86:17 86:18 content 56:19 contents 65:7 context 70:17. 76:12 126:15 216:9 continued 146:6,8 coiitiuuiug 159:8 161:22 168:1 contract 5:5 199:2 216:7.1 control 16:5 30:5 54:5 55:1063:11 64:10,22 65:3 67:15 69:16 107:8,14 193:11 Cont'd 6:1 7:1 conversations 193:5 conversion 184:5 emiveyor 60:11 cookware 156:10,12 cooperative 198:15 copy 5:4,5,7.8.9,10,11 5:12,14,16,18,20,7.1 5:22,24 6:2,3,5,7,0 6:12,14.16,17,19,21 6:23 7:2,4,6,8,10,11 7:13 16:20 SO: l 142:22 161:21 163:22 179:25 196:12.13 Corp 5:23 6:9 7:3,5 110:3 corporate 80:19 Corporation 170:25 171:11 181:27 184:14 208:2 correct 12:10 19:7,20 20:1021:1923:20,24 23:25 24:4,6,16,17 24:7.0 25:14 27:8 28:24 29:9 30:4 33:6 15:17,20 36:4 38.24 39:13 42:2 46:7 58:5 63:23 64:6,8 66:8 69:5,6,13 70:25 71:7 72:10,11 73:1481:11 82:1 83:8,19 96:15 U11;19 102:11,12 104:20 105:8,17,19 114:14,15 115:8 121:13 123:20 129:13 131:16 135:7 135:24 149:18 154:1 154:24 156:25 157:1 162:17 164:3,8 165:5 165:6 170:3,6,7,17 171:1 172:19 173:7.2 180:14 183:1 184:7,8 185:8 186:13 187:1 192:24 204:13,17 206:23,24 207:18,20 208:4.18 210:3.4 211:2,3,27. 212:7.5 213:12,17,20 216:10 217:4,5 Council 187:12 190:8 190:17 counsel 8:22 17:18 7.18:15,18 count 139:16,24 COUNTY 1:7, couple 15:20 29:5,22 30:14 92:16 127:7 189:8 198:23 199:14 course 39:22 40:18 135:22 169:20 court 1:1,203:18 8:20 9:8.15 13:1,15,21 I4;15 15:1 19:16 cover 125:14 152:14 coveralls 43; {7 covering 123:23 covers 117:20 coworkers 50:23 06/29/2004 TUE 13:51 [TX/RX NO 8737] 0G3 /^3/2004 15:10 FAX mccarter & English llp @064/078 Page 4 co-patent 25:18 Cracked 0:8 cracking 00.12 crate 112:4 create 64:5,7 105:15 105:0 created 25:5 77:23 140:25 181:10,15 crochloliti 72:1,6,22 73:4,5 Crnss-ttxamiriation 4:0 4:8 204:8 216:25 cupcake 200:15 cure 175:4 cured 160:10 cures 08:24 00:1 C:uring5:25 Custer 74:2,3 custom 09:9 customer 53:25 63:2,3 64:2 07:19 124:2,IS 209:22211:11,12 customers 41:5,9 67:14 62:24 69:23,24 102:10 129:17 136:0 cut 5:24 00:12 213:2 cutoff I3<i:9 140; 14 cutting 162:13.20 104:12 Cycle 5:24 cyclone 109:3,12 cylinder 148:1 150:24 Cyr 90:7.9 91:9,10 Cyr'9l:12 Oh-si-m 90.14 C-h-c-s-IHr*c 10:4 <Mt-i-c-0-p-e-c 20:8 C-o-l-v-i-n 90:17 C-y-r 90:9 e-z-c-k 51:10 n 1)4:1 9:13 daily 28:1 DaHglit 40:18 Dahon W>:6,8 91:21 Dangerous 136:23 141:13 dangers 14.1:7 dare 82:22 dashboard 98:19 99:11 data 21:1 date 103:10 136:9 152:11,12,15 158:1 101:23 108:2 172:13 177:10,12 187:17 188:3 197:12218:12 dated > 6 6:9,21,24 7:4 187:18 189:21 197:8 dates 79:10 159:10 171:18 David 17:22 18:4 126:8 126:13 182:19,19 day 27:21 43:13 43:3 171:6 204:4 20S:17 209:5,8,10,17 219:13 days 90:25 127.6 213:18 day-to-day 65:4 183:7 dead 91; 14.15 193:18 deal 08:12 76:21 dealing 68:10 deaths J2S:15 Debbie 8:20 DKIIRA 2:5 215:2 decade 49:1 [ 149:7.10 108:22 171:20 175:12 deceased 15:12 decide 185:14 decided 34:24 37:9 38:15 decision 27:22 113:8 114:11 136:8 Deck 192:13,14 193:18 Decorated 7:10 decorative 100:3 deducing 185:20 deemed H3;7 defendant 3; |4 103:0 defendants 8:16 defense 37:19 81:20 define 56;5 definitely 93:9 130:25 169:20 172:25 degree 26:1 73:22 160:8 190:19 200:7.1 degrees 59:20 deHAAS 2 5 8:21 218:2 Delaware 3:4 Dclco211:12,25 212;1 deliberately 151:11 demanded 39:21 demonstrating 117:17 density 08:3 depart 74:12 department 39:3,4 50;I2 78:2.3 110:24 119:15,17,18 126:4 131:1,6,8 134:9 147:1,3 176:24 181:17 188:18 189:5 192:18 205:1,1,4 206:2 217:3 Depending 42:20 50:23 94:9 110:15,25 166:0 100:8 depends 206:9 depicted 104:1 166:21 107:12 depleted 136:1(1 '""aS^EssrctS^asBgBSBWWSRSiOWI deposed 10:18 20*1:12 deposition 1:9 2:1.3 ,8:0 8:11 11:21 13:12 16:25 20:13.20,21 97:4 103:6 122:6 144:1,4.5 154:74 155:2,6,35 204:16,20 205:3 207:2 3,24 208:9.14 217:9 219:3 depositions 12:1,21 Derringer 115:10 describe 206:4,12, .13 described 36:13 155:1 describing 156.4,6 design 117:17 designations 170:15 desirable 39:18 detail 15:25 determination 30:18 30:20 64:2 95:18 determine 100:21 determined 56:25 59:23 166:8 develop 27:17 39:21 76:8 106:19,20 151:8 developed 28:22 94:2,3 94:6 106:18 109:18 134:17 108:14 171:21 developing 185:11 development 24:24,25 28:9,IS,20,74,7.5,7.5 33:23,24 38:23 39:7 39:841:1742:11 40:7.5 47:7 50:9,10 78:13 83:11,14,7.2 84:10,20 85:7,9 128:5 129:10 130:3 131:0 132:11.13,18 159:15 188:13 202:7 device4?.:l9 devices 55:16,21 70:3 89:17 Dew 97:11 122:9 156:15 208:1,15 209:1 212:10 Dewey 51:14 Dew's 20:21 97:4 121:17 122:6 155:14 207:24 208:9,14 diameter 59;\3 00:7.4 206:10,11 Dick 51:20,21 52:20 1J 7:11 214:2 die 15:15,19 16:1,8,11 36-1,8 63:1,7,10 60:15,18 67:4 69:8 91:16,20 96:6 97:2 102:13,16 103:15 105:1(1 106:2,6 108:24 110:3 II 1:7 111:12,15 112:1 117:21 125:4 153:23 1 S5;25 156:2 178:12 205:2,11,16 207:3,0 207:14208-?. 209;U 210:2 211:1,5 212A2 210:8 died 26:10,16 52:7.2 91:22 difference 73:16 85:2 different 20; 15 35:2,3 66:23 85:20 86:2 110:11 111:23 119:5 134:9,9 148:7 154:10 186:6 differential 59.15,17 DJmmor 98:19 dinner 120:19 Direct 4:5 6:1 9:22 167:23 directed 129:16 164:12 directing 153:10 I95;2 directly 76:17 132:71 133:18 150:11 183:3 director l?.6:l 1,12 127:18 129:11 dirty 45:24 Disclosures 201:23 discontinue 27:22 28:3 113:51 discontinued 26:24 27.3 114:3 discovered 39:11 discuss 12:24 discussed 13:13 93:14 185:6 discussing 10:17 discussion 77:22 115:2 185:5 discussions 56:5 114:22 115:1 disease 15:13 2ft: 15 91:16,19 128:12 distances 213:22 distinct 147:9 164:6 distinguish 33: IX distribution 31:23 117,18 distributor 7:8 66:2? 144:7.19,20 145:2 146:21,22,24 147;7 148:10 149:17 150:22 177:8,19,20 212:4 divided 102:8 division 29:5 31:21 32:1,4,13 36:25 47:6 47:13,15 80:9 87:8 115:22 L 10.12 126:2 I29.-1X 135:12 185:3 192:19 199;3 207:S 207:162(1:13 divisions 27:! 3 54:1 70:5 192:16 doctor 25:22 126:10 127:20 doctors 127:1.1 document 1:16 6;2,7.9 6:17,19 22:13,16,19 44:8 144:6,10,1 [ 146:11,12,12,13 148:25 149:8,11 152:10,12.16,19 157:2,14,24 158:5,9 158:11159:5 161:3 161:18,24 163:2 166.18 169:1.2 > | , \ i 1 j j i j 1 \ 172:11,12,18,23 5 174:9 1 79:25 181:21 1 182:1,11133:22 \ 184:2 187:7,3 190:12 191:16,17,25 193:14 196:2 198:1,6,25 201:21 [ documentation 34:13 j documents 16:24 20:12 t 20:14,15.1921:11,2! 37:1 117:25 118:3 129:9,16 143:3 159:9 i 159:22 190:16 199:2 f 212:12 dog 175:15,16 doinu28:l3,18 29:19 34:22 79:18 85:13,16 114:31154:6 156:17 : \ t j 202:23,25 \ Don 123:9 Donald 20:21 155:1? 155:20 207:24 208:1 208:8,14 209:1 Dorothy 138:16 140.10 double 59:11 Do's 154:24 Dr 6:21 25:20 26:4,0 50:2,6 126:16 127:5 127,17,23 133:16 136:19 140:23 141:3 181:4 186:22,25 197:1 U7 [98:7,13 200:18 201:13,16 drill 164:13,21,25 drilled 165:6 drilling 164:10,17 drills 164:19 drive 10:2 34:7,8 178:4 driving 119:4 drop 60:1.10 99:10 165:13 drum 108:4,4,5 drums 62:24 63:20 jj 64:7,12,17 65:6 107:24 108:2.21,23 06/23/2004 TUE 13:51 [TX/RX NO B7373 @064 06/29/2004 15:10 FAX mccarter & English llp @ 065/078 109:1 dry 70:21,2-1 due 27:23 102:17 duly 9:18 (lump 70:17 109:0 dumped 40:2.5,7 5K-.8 C4-.5 70:20 71:5 105:14 iDM:8 ?()<>:20 109:21 212:23 210:5 216:14 dumping 107:9 duplicate 161:21 duplicator 162:30 Dure* 21,0:9 !>UVC7.40.M duroincter 7.06:7,8 dust 39:12 40:1.4,7,0 40:25 41:6 42:27 43:6,JJ 45:14 46:7 46:18 55:15 64:5,7 106:16 106:9,17,18 106:21 107:8,16,17 108:11 109:10,13,17 124:21 129:10 134:5 165:9 166:12 184:15 185:7,12,18 186:6,8 186:12 188:10 207:1 212:22 213:7,)') 21 Cy 12 dusty 42.73 46:8 dust-collecting 109:14 dust-free 39; 17 41:1,9 dust-reducing 41,1 duties 38:25 75:70 85:2 204:23 dye 57:9, H 70:20 l>-y-e 37:12 l>.C 2t):6 E E4:l 5:1 9:13 218:1,1 219:1,1 earlier 81:23 94:13 96:19 106:16 130:8 131:14 151.17 178:16,17 190:10 702:12 212:21 early 28:7,8 38:6 44:13 9.6:9,13,15,1? 113;2 136:5 177:17 181:14 185:24 143:12 194:1 213:10 easily 93:24 easy S?:22 Ebcr 122:7.5 123:6,8 125;M2 Ebcrhart 121:16 122:6 125:10 Ebert 123:5.6 Echo 149:1 Ed 90:11 91:9,18,2.3 192:13 edges 164:12 etliliun 140:8 1SH: 1 editions 188:4 Edward 6:21 9i:t 1 189:2 effect 195; 11 efficiency 30:2.5 effort 7; M 107:6 163:8 198:15 efforts 1X0;2 eight 7:8 24:7 (20:25 121:11,12 125:13 144:20 147;7 148:1 194:2 209:17 211:13 eighties 51:2,5 133:3 either 35:11 43:1 48:17 72:9 | 13:17 130:23 140:21 158:1 161:24 168:2 170:12 177:13 210:9 ejected 205:23 ejects 165:22 Elected 7:7 197:10 Electric 3:15 6:4 8:15 9:610:14 16:13 22:25 24:3 76:3 109:24 133:25 172:24 180:4 184:16 189:11 192:9 195:7 207:8 electrical 47:4 98:14,14 110:4,8 150:13,21 electronic 146:19 employ 5-1: 7 employed 16:13 23:17 24:2 28:14 32:646:6 55:14 69:15 82:21 83:3 98:12 116:11 133:8,20 135:20 141:25 164:2 171:3 174:3 193:15 employee 10:14 218:14 218:17 employees 27:25 28:3 31:25 44:20,23,25 46:12 47:8 50:14 82:18,20 126:19,21 128:9,15 129:17 134:4,14 135;M 192:23 211:7 employer 31:22 employing 72:17 employment 45:10 127:18 emptied 59.9 empty 59:8 1S5:8 2I3:5 emptying 106; JO encountered 41:6 Encyclopedia 5:1.1,15 5:20 (42:19 163:18 169:16 170:1 endangered 235:8 engine 150:10.12,16,35 178:1,2 engineer 36:12 42:11 46:17 73;21 74:1 . 73:21 192:15 193:11 engineering 1(>;3 23:17 54:9 Engineers 130:19 engineer's 73:22 English 3:9 9:5 :ntjre3l;t? 33:10 17:11 81:8 131:1,5 144:73 146:18 170-19 entirely 20:14 119:5 136:1 154:9 entitled 201:22 entity J19; J environmental 105:9 envisioning 58:16 equated 209:7 equally 102:8 equipment 29:25 ,H>;7 30:9 33:21 34:7,17 34:19 35:3,0 36:19 43:25 46:9 47:22 54:12,IS 134:24 era 40:13 especially 45.23 ESQ 3:6, (.3 established 49:18 evaluations 85:10 event 103:10 eventually 109:5 145:25 everybody 28:13 34:21 39:20 50:17 124:6,6 190.9 exact24:8 Exactly 35:21 examination 1:11 2:2 4:5.7 9:2? 210:24 218:4 examining 30:6 examples 93:10,11 exceeded 49:5 exception 50:4 91:13 145:6 excerpt5;ll 6:107:6 196:13 Excuse** 141:9 executive I38-.3 exempt 126:18,23,25 126:25 Exhibit 5:2 16:16,21 7.2:8 143:23 147:20 14,3:19 149:13 152:3 157:9 158:24 160:14 161:15 163:14 166:13,24 167:19 172:5 173:12 174:13 175:8 176:7 177:4 178:21 179:8 186:14 187:2,23 188:7.0 189:16 190:4,22 191:8 192:3 194:22 195:7.1 197:21 exhibits 6; I 7:1,15 existed 34:14 existing 30:9 expanded'3?--. 14 121:6 121:7 expansion 85:3 121:4 expect 153:25 expensive 94:21 experience 31:2 210:1 experiencing 124:16 Expires 219; 18 explain 39:14 156:1 205:10 explosion 150:24 exposed 132:6 exposure 12X;6 129:19 134:4 135:14 141:7 213:11 215:7 extension 166:3 extensive 78:6 extent 14:5 29:13 92:19 92:22 124: (9 173:20 extra 33:6,7 212:19 extrusion 36:2,6,15,21 E-b-c-r 123:7 e-mail 141:1 E.F 190:6 V F7l;162J8:l 210:1,1 fabric 168:6 174:1 Fabricated 5:18 facilities 31:18 3?; 15 35:1143:24 45:1 80:22,24 83:23 facility 16:8 38:12 78:5 SO: 11 82:7 163:6 fact 27:2341:1546:11 75:1587:11,22 88:24 107:2 179:24 194:19 212:11 213:14 215.25 factor 184:5 factory 29:21,25 31:3 34:1243:2,16 44;I6 45:2.15 Facts6:IB i89:21,24 fair 16:12 32:24 35:14 36:7 41:25 43:5 68:7 85:8 89:10 109:22 119:11 158:16 165:11 179:7 186:9 211:5 Page 5 Fairfield 137:16,18 t 138:1 fairly 26:9 94:14,23,24 126:17 145:15 fall 109:11 160:4 213:8 fulling 60:7 familiar 36:11 71:20 111:15 115:12,18 190:9,12 204:22 familiarity 15.18 family 74:21 fan 177:21,23,24,24 178:1,3,5 far 46:3 81:16 135:10 137:23 160:2 193:1 * i 213:9 (arUier 61:5 fast 175:4 faster 59;16 Fastest 5:25 fast-cure 158:17 fost-curcd 174:21 father 52:2) favorite 94:3,10 features 87:25 fed 59:9 00:20 205:14 federal 2:4 40:17 feeling 10:6 : feel 130:22,23 140:3 fell 192:18 fellow 119.23 Fellowship 6:23 191:11 frit 28:2 34:20 38:17 145:22 female 51:7 Kerris 51:6,24 fiber 99:22 173:25 &<, ; fibered 62:23 fibers 88.19 100:10,12 129:19 213:21 215:8 216:14 1 Fiber-Kite 40:20 fibrous 87:12 8S:2! 99:25 field 72:21 124:9,22 l 195:10 fields 53:16 fifteen 59:22 fifties 37:7,23 38:5,6 53:13,14 63:2 95:8,9 121:3.10 122:14 126:4 146:1? 161:12 | 171:14 175:5 187:14 187:20 193:11 g fifty 108:1 fifty-pound 108:0 figure 155:5 i i figured 88:20 filed 79:10,17 filing 140:5 i i fill 56:20 94:15 149.6 i ikcgsr s 06/29/2004 TUE 13:51 [TX/RX NO 8737] @065 06/29/2004 15: 11 FAX McCarter & English llp @066/078 Page G filled 48:19 82:5 96:22 97:6 1.16:7 1-18:16 108:6 filler 57:19,22 62:1 70:19 87:794:16 172:24 fillers 50:15.25 70:18 fills 68:22 Film 6:4 final 210:6 finance 183:16 financially 218:18 find 30:8 39:24 79:16 80:23 87:18 113:23 140:19,20,21 152:14 172:9 201:21 219:3 finding 140:11 fine 10:7 23:11 107:22 finer 60;22 01:8,18 fines 107:14 finger 01:25 02;3 fingers 02:9 finish 04:25 finished 01:16 105:12 105:13 107.9,15 203:3 204:7 217:7 finishing 69:5 89:1 163:23 164:2 fire 150:24 fired 150:23 firm 17:5,16 18:14 first 9:18 13:14 17:21 18:23 34:13 40:24 41:25 45:1047:12 48:22,23 50:J3 87:19 109:17110:1 112:25 122:21.21 123:13 127:23 137:14 138:17 160:22 161:1 171:4 181:11 195:10 198:15 199:5,5,22,23 213:5,6 Firstly 168:21 184:4 five 18:24 59:33 61:12 106:24 128:20 203:12 206:11 fix 88:21 fixed 124:21 flash 165:25 166:5 fiat 117:19 207:3,7.8 207:11.15 High! 79:1 flip 152:19 153:9 1%:11 Healing 215:8 floor 56:12 78:17 108:10212:24 Florentine 25:20 26:4 26:14 49:8 50:2 132:19 133:16 180:18 181:4 183:5 183:19 199:19 200:14,18 201:13,16 Florentine's 50:6 180:16 199:16 Florida 2:7 8:5 9:16 19:8,1 U7 flour 149:6 flows 68:23 loam 184:15 foggiest 138:4 152:22 following 29:?-4 follows 9:20 foot 59:13,13 139:14 139:17 168:12 170:5 force 121:9 122:14 154.20 Ford 147-.ll M8:6 foregoing 218:9 219:2 foreman 90:6 92:8 foremen 90:5 foremost 13:H forenoon 2:9 forgot 132:16 185:16 forgot 201:12 form 12:8,9 71:1 86:20 86:22 203:3 205:12 207:19 209:12 210:1S 213:25 215:13 formal 91; 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' j j i line 23:22 2.5:6 28:15 32:6,8 35; 18 46:14 j 66:23 147:5,6 150:5 174:21 Lined 140:4 lines >4:2 Lipsilz3:3 10:10 Uijuvftrd 08:19 liquid 39:11,25 liquid-coated 52:14 list 7-2 79:14 192:9.11 1 i ] 1 j [ 199:9,12 listed 38:22 54:4 173:21 ] 1 i LITIGATION 1:6 > litigator 12:4 j little 29:3 42:21 57:25 i 88:22 l JO:J3 147:17 148:5 151:20 165:3,4 166:1 live (9:8,11 52:2.3 1 lived 123:22 125:12 liver 26:16 lives 180:21 living 20:4 51:19 125:17 132:22 201:3 LI .C: 3:3 LL!'3:9 loading 153:15 local 19:15 located 34:3 53:17 97:5 116:25 118:8 location 103:10 194:21 long 43:18 48:14 49:12 52:9 59:13 74:9 119:18 139:22 H0:2 166:9 172:14 181:6 200:4 204:4 longer 27:9 75:14 longest 52:7 look 34:6 43:22 79:15 79:21 86:8 110:12 121:15 144:6 146:25 148:25 154:9 157:13 157:21 158:13 159:5 06/29/2004 TUE 13:51 [TX/RX HO 8737] @068 06/29/2004 15:12 FAX mccarter & English llp @069/078 Page 9 160:IS ](>];] 1 163:19 172:8,9 182:5 183:23 187:7 1!>0:12 195:25 196:5.11 203:18 tanked 16:25 85:20 154.1 175:16 183:24 184:1 197:25 203::* 214:11 tanking 37:1 45:4 88:2 100:17 112:12 140:18 142:8 146:10 158:9 161:1 163:25 173:2 179:1 197:5 looks 149:17,19 1.56:23 162:8 167:15 174:17 176.16 177:7 181:22 190:9 lose 59:5 lost 51:21 74:5 125:19 lot 37:2 45:25 62:24 69:24 93:4 139:2 154:1 156:10,18 164:14 212:20 Lots 5:18 LU 8:14 Louie 51:13,15.23 Louis 51:15 low 216:17 lower 58:24 tow-volume 35.23 Luana9:l5 19:16 lunch 128:23 129:2,8 L-e-n 123:2 1,-u-n-n-a 19:16 L-y-n-n 123:1 L.!> 125:22 176:20 ....... ........... -- M . 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