Document DdykRK6rZKdLkNxzaQoxq3oO5
Page 4582
4582
1
1
READING OF DALE F. SMITH, DEPOSITION TAKEN ON MAY 13,
2
2 1992.
3
3 THE COURT: MR. TALLON, I THINK THIS
4
4 DEPOSITION WILL TAKE ABOUT 40 MINUTES, WOULD YOU
5
5 THINK OR LESS THAN THAT?
6
6 MR. TALLON: THERE IS ONLY I SEE ONLY FOUR OR
7
7 FIVE PAGES HIGHLIGHTED.
8
8 THE COURT: LADIES AND GENTLEMEN, THE GLAZED
9 LOOK ON MOST OF YOUR FACES HAS NOT GONE UNNOTICED BY 9
10 THE ATTORNEYS.
10
11 WE WILL COMPLETE THE EVIDENCE IN THE
11
12 CASE, THAT IS, THIS DEPOSITION IS THE LAST BIT OF
12
13 EVIDENCE AND IT WILL TAKE ABOUT 20 MINUTES.
13
14 I WAS THINKING OF TAKING THE BREAK NOW. 14
15 BUT IT'S YOUR CHOICE.
15
16
SHOULD WE TAKE THE BREAK AND COME BACK OR
16
17
SHOULD WE PROCEED FOR THE NEXT 20 MINUTES AND THEN I
17
18
EXCUSE YOU BY TELLING YOU ALSO THAT YOU WILL NOT BE
18
19 HERE TOMORROW?
19
20
DO YOU WANT TO GO FOR 20 MINUTES AND BE
20
21 DONE?
21
22 ANYBODY NEED TO TAKE A BREAK RIGHT NOW,
22
23 NEED TO STEP INTO THE JURY ROOM? WHY DON'T WE TAKE A
24 SHORT BREAK, STAY IN PLACE.
23
25 YOU CAN STAND UP AND STRETCH.
24
26
THOSE OF YOU WHO WANT TO USE THE RESTROOM
25
27 CAN STEP INTO THE JURY ROOM.
26
28
YOU ARE WELCOME TO STAND UP AND STRETCH.
27
4583
28
Page 4583
1 (SHORT BREAK TAKEN.)
1
2 THE COURT: NOW WITH ALL THE PARTICIPANTS AGAII N 2 3 PRESENT, COUNSEL, I DON'T WANT EITHER SIDE TO FEe|_ 3
4
ANY TIME PRESSURE FROM ME IN COMPLETING THE
4
5 EVIDENCE.
5
6 SO, MR. TALLON, YOU GO AHEAD AND TAKE ALL 6
7 THE TIME YOU NEED.
7
8 MR. TALLON: I THOUGHT I WAS ALREADY READING 8
9 FAST. (READING:)
9
10 Q GOOD MORNING, MR. SMITH.
10
11 A GOODS MORNING.
11
12
Q WOULD YOU PLEASE STATE YOUR FULL
12
13 NAME FOR THE RECORD.
13
14 A MY NAME IS DALE F. SMITH.
14
15
THE COURT: AND MR. TALLON, THE DATE OF THE
15
16 DEPOSITION, PLEASE?
16
17 MR. TALLON: SORRY.
17
18 DALE F. SMITH, MAY 13, 1992.
18
19 THE COURT: SMITH?
19
20 MR. TALLON: SMITH.
20
21 THE COURT: GO AHEAD.
21
22 MR. TALLON: (READING:)
22
23 Q MR. SMITH, WHEN DID YOU JOIN THE
23
24 MONSANTO COMPANY?
24
25 A FEBRUARY 10, 1948.
25
26
Q WHAT WAS YOUR POSITION WHEN YOU
26
27 JOINED?
27
28 A ANALYST IN THE W. G. KRUMMRICH
28
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
Page 4584 PLANT. Q AND WHAT WAS YOUR EDUCATIONAL TRAINING BEFORE THAT? A I HAVE A BACHELOR OF SCIENCE IN INDUSTRIAL CHEMISTRY FROM KANSAS STATE UNIVERSITY. Q DID YOU RECEIVE THAT IN 1948? A JANUARY, 1948. Q DID THE KRUMMRICH PLANT MANUFACTURE AROCLORS? A YES. Q ARE YOU FAMILIAR WITH THE PRODUCTION PROCESS FOR AROCLORS? A NO. Q WHAT WAS YOUR WHAT DID YOU GO ON TO AFTER BEING AN ANALYST AND WHEN DID THAT OCCUR? A I WAS THEN I WAS THEY CALL IT A SECTION LEADER, SHIFT LEADER. THEN I WAS ASSISTANT SUPERVISOR AND THEN A SUPERVISOR. THAT COVERED A NINE YEAR PERIOD WITH TWO YEARS OUT FOR RECALL DURING THE KOREA WAR IN THE AIR FORCE. Q IS THIS DURING THE PERIOD THIS TAKES US UP TO 1957, THEN?
Page 4585 A YES, JANUARY 1, 1957 I WENT INTO
THE MARKETING DEPARTMENT. Q PRIOR TO THAT POINT YOU WERE IN
ANALYSIS? A YES. ANALYST OR A SUPERVISOR IN
THE SAME, IN THE LABORATORY. Q BEFORE THE TIME YOU WERE IN
MARKETING DID YOU EVER HAVE OCCASION TO DEAL WITH MONSANTO'S CUSTOMERS? A NO, NOT IN THE LABORATORY. Q WHAT WAS YOUR POSITION IN 1957? A I WAS A SALES ENGINEER IN THE INTERMEDIATES DEPARTMENT. Q HOW LONG WERE YOU IN INTERMEDIATES? A I WAS THERE UNTIL THE FIRST OF MARCH, 1958. AT THAT TIME I WAS TRANSFERRED TO THE FUNCTIONAL FLUIDS DEPARTMENT WITH PYDRAUL, THAT THE P Y D R A U L. Q WHAT DID THAT POSITION ENTAIL? A IT ENTAILED PROVIDING TECHNICAL SERVICE ON ALL THE PYDRAUL PRODUCTS ON OUR ENTIRE FIELD SALES FORCE. IN FACT, INCLUDING OUT OF THE
Pages 4582 - 4585
WATER PCB-SD0000077668
Page 4586
1 COUNTRY.
1
2 Q DID YOU DEAL WITH PYDRAUL
2
3 CUSTOMERS?
3
4 A YES, THROUGH THE SALESMEN. 4
5
1 MEAN, THE CUSTOMER WOULD CALL
5
6
ME AT THE HERE AT MONSANTO FOR
6
7 TECHNICAL INFORMATION BECAUSE THE 7
8
SALESMEN OFTEN EITHER DIDN'T HAVE
8
9
THE INFORMATION OR IT WASN'T
9
10 AVAILABLE. HE WAS SOMEWHERE WITH 10
11
OTHER CUSTOMERS, BUT 1 HAD VERY
11
12 DIRECT CONTACT WITH CUSTOMERS ON 12
13 PYDRAUL.
13
14
Q HOW LONG DID YOU HOLD THAT
14
15
POSITION IN THE TECHNICAL SALES
15
16 AREA?
16
17 A UNTIL JANUARY 1ST, 1971.
17
18 Q WHAT HAPPENED THEN?
18
19 A 1 WAS PROMOTED TO A NEW
19
20 DEPARTMENT CALLED CUSTOMER ORDER 20
21 PROCESSING.
21
22
1 WAS ONE OF THE ORIGINAL
22
23 SUPERVISORS.
23
24 WE HAD A COMPUTERIZED ORDER ENTRY 24
25 SYSTEM.
25
26
Q DID YOU CONTINUE TO DEAL WITH
26
27 AROCLORS AT THAT POINT? 27
28
A ONLY FROM THE STANDPOINT THAT
28
Page 4587
1 ORDER ENTRY FOR THAT PRODUCT WAS 1
2
A PART OF MY RESPONSIBILITY.
2
3
BUT FROM A TECHNICAL STANDPOINT
3
4
OR A SALES STANDPOINT, IT WAS
4
5
JUST MY KNOWLEDGE OF PRODUCTS
5
6
THAT PUT ME IN THAT POSITION.
6
7
Q DID YOU CONTINUE TO DEAL WITH
7
8
CUSTOMERS AFTER JANUARY 1, 1971?
8
9 A FROM THE STANDPOINT OF THE ORDER 9
10 ENTRY FUNCTION, YES.
10
11 NOT AS TECHNICAL.
11
12 THERE MAY HAVE BEEN SOME OVERLAP 12
13 FOR A FEW MONTHS WHERE CUSTOMERS 13
14
1 HAD TALKED WITH WOULD CALL ME
14
15 FOR INFORMATION.
15
16 Q AND HOW LONG DID YOU STAY IN THAT 16
17 POSITION?
17
18
A UNTIL 1 RETIRED ON DECEMBER 1,
18
19 1985.
19
20
NOW, THERE WAS A THREE YEAR
20
21
PERIOD FROM '77 UNTIL '80 THAT 1
21
22
HAD A SIMILAR POSITION WITH
22
23 FISHER CONTROLS IN MARSHALTOWN, 23
24 IOWA.
24
25
1 WAS TRANSFERRED THERE FOR A
25
26 THREE YEAR PERIOD.
26
27
Q DURING ANY TIME FROM 1971 TO
27
28
1985, OTHER THAN WHAT YOU HAVE
28
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
Page 4588 DISCUSSED ABOUT ORDER ENTRY, DID YOU HAVE ANY OTHER CONTACT RELATIONSHIP WITH AROCLORS? A NO. Q THIS LETTER MENTIONS SUMMARIES AND TOXICITY DATA, COPIES OF SUMMARIES AND TOXICITY DATA. UNFORTUNATELY, WE DON'T HAVE AN IDENTIFIABLE FORM OF WHAT THOSE SUMMARIES MAY BE, THEY WEREN'T PRODUCED YET. MY QUESTION IS, DID YOU PROVIDE COPIES OF THESE SUMMARIES AND DATA TO THE CUSTOMERS? A WHEN REQUESTED, YES. VERY OPEN REQUEST TO TAKE CARE OF. Q IN ADDITION TO PROVIDING THOSE DOCUMENTS, DID YOU EVER ANSWER QUESTIONS VERBALLY ON TOXICITY OR SAFETY OF THE PRODUCTS? A BASED ON MY KNOWLEDGE. BUT ANY FURTHER TECHNICAL DETAILS, IT WAS ALWAYS ANSWERED BY THE MEDICAL DEPARTMENT. BECAUSE THAT WAS NOT MY AREA OF EXPERTISE. Q IF YOU RECEIVED SUCH QUESTIONS,
Page 4589 WHAT WAS YOUR RESPONSE? A 1 WILL GET YOU AN ANSWER FROM THE MEDICAL DEPARTMENT, IF IT WAS BEYOND THE DATA THAT WE HAD IN FRONT OF US. Q DO YOU RECALL ANY DISCUSSIONS AT MONSANTO OR ANY DISCUSSIONS OF MONSANTO TO WHICH YOU WERE A PARTY OR YOU WERE AWARE OF CONCERNING THE IDEA OR MOTION OR POLICY OR SUGGESTION OF NOT DISCLOSING COMPOSITIONS OF VARIOUS PRODUCTS TO CUSTOMERS? A NO. Q DO YOU RECALL ANY DISCUSSIONS PERTAINING TO OR SUGGESTING THAT THE COMPOSITION OF SOME PRODUCTS WERE TRADE SECRETS AND SHOULD NOT BE REVEALED TO THE CUSTOMERS? A ONLY THE EXACT FORMULATION. Q DO YOU RECALL ANY DISCUSSIONS OR SUGGESTIONS THAT UNLESS THE CUSTOMER ALREADY KNEW, TAKE THAT BACK. DO YOU RECALL ANY SUGGESTIONS OR DISCUSSIONS THAT CUSTOMERS SHOULD NOT BE TOLD THAT A GIVEN PRODUCT CONTAINS AROCLORS OR CHLORINATED
Pages 4586 - 4589
WATER PCB-SD0000077669
Page 4590
1 BIPHENYL?
1
2 A WE DID NOT USE THE WORD "AROCLOR" 2
3
OR "CHLORINATED BIPHENYL" WITH
3
4 CUSTOMERS.
4
5
WE USED THE WORD "AROMATIC
5
6
CHLORINATED HYDROCARBONS."
6
7
Q IS THERE ANY PARTICULAR REASON
7
8 FOR USING THAT TERM?
8
9 A YES, BECAUSE AROMATIC CHLORINATED 9
10
HYDROCARBONS ARE HIGHLY STABLE
10
11
VERSUS THE STRAIGHT CHAIN
11
12
CHLORINATED COMPOUNDS.
12
13 Q BUT WHY USE CHLORINATED
13
14
HYDROCARBON I'M SORRY,
14
15 AROMATIC CHLORINATED HYDROCARBON 15
16
AS OPPOSED TO CHLORINATED
16
17 BIPHENYL?
17
18 A BECAUSE BIPHENYL WAS EVIDENTLY A 18
19
SOLE PROPRIETARY PRODUCT OF
19
20
MONSANTO THAT WAS PART OF OUR
20
21 KNOW HOW.
21
22
THAT TERM COVERED ALL OF THEM.
22
23 Q WHICH TERM?
23
24 I'M SORRY.
24
25 A AROMATIC CHLORINATED HYDROCARBOI' 25
26
Q WHEN YOU SAID "BIPHENYL," THAT
26
27 ANSWER, DO YOU MEAN CHLORINATED 27
28 BIPHENYL?
28
Page 4591
1
A THAT IS A LARGE UMBRELLA YOU ARE
1
2
ASKING ME, 1 CAN'T ANSWER THAT
2
3 ACCURATELY.
3
4 BIPHENYLS WERE NOT USED TO COVER 4
5 AROCLOR.
5
6
AROCLORS WERE AROCLORS AND
6
7
BIPHENYLS WERE BIPHENYLS, IN MY
7
8
RECOLLECTION. YOU ARE TALKING
8
9 ABOUT 30 YEARS NOW.
9
10 Q CAN THE TERM AROMATIC CHLORINATED 10
11
HYDROCARBON INCLUDE PRODUCTS
11
12 OTHER THAN CHLORINATED BIPHENYL? 12
13 A AS 1 USED IT, NO.
13
14
BUT AN AROMATIC CHLORINATED
14
15 HYDROCARBON COULD.
15
16 Q WAS THERE AN INTEREST IN MONSANTO 16
17
IN THE FOR WHATEVER REASON, 1
17
18
DON'T MEAN TO IMPLY THAT THERE
18
19
WAS AN IMPROPER PURPOSE HERE. 1
19
20
UNDERSTAND ALL ABOUT TRADE
20
21 SECRETS.
21
22
BUT WAS THERE AN INTEREST IN
22
23
MONSANTO IN NOT REVEALING TO
23
24 CUSTOMERS THAT THE PRODUCTS THEY 24
25
WERE USING WERE THAT THEY
25
26 WERE USING CONTAINED, AS YOU SAY, 26
27 AROMATIC CHLORINATED HYDROCARBON 27
28
MEANING CHLORINATED HYDRO OR
28
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
Page 4592 AROCLOR? A WOULD YOU REPEAT THAT AGAIN BECAUSE I'M NOT CLEAR ON IT. Q 1 UNDERSTAND. FIRST, LET'S DEFINE TERMS. I'M GOING TO USE THE TERM AROCLOR OR CHLORINATED BIPHENYL TO MEAN THE CHEMICAL COMPOUND CHLORINATED BIPHENYL WHICH IS THE BIPHENYL WITH THE CHLORINE ATOMS, HOWEVER MANY CHLORINE ATOMS. WITH THAT IN MIND, I'M ASKING, WAS THERE ANY INTEREST AT MONSANTO IN NOT REVEALING TO CUSTOMERS THAT A GIVEN PRODUCT CONTAINED A CHLORINATED BIPHENYL? A IT WOULD ONLY BE SPECULATION ON MY PART. I'M NOT 1 DON'T HAVE ANY SPECIFIC INFORMATION TO ANSWER YOU ON THAT. Q WERE THERE DISCUSSIONS OR SUGGESTIONS THAT THE SALESMEN OR ANYONE DEALING WITH CUSTOMERS SHOULD NOT TELL CUSTOMERS THAT THE PRODUCTS CONTAINED CHLORINATED BIPHENYL FOR WHATEVER REASON?
Page 4593 A I'M NOT AWARE OF EXCEPT ON THE
PROPRIETARY INFORMATION. WE DIDN'T REVEAL PRODUCT INFORMATION, OR FORMULATION INFORMATION TO ANYBODY IN THOSE DAYS. Q WHAT DO YOU MEAN BY "IN THOSE DAYS"? A 1 MEAN IN THE TIME THAT 1 WAS FROM THE TIME 1 STARTED WORK AT MONSANTO UNTIL 1 LEFT WE DIDN'T GIVE ANY FORMULATION, PROPRIETARY INFORMATION TO CUSTOMERS. WE SATISFIED THEIR NEEDS AS FAR AS INFORMATION THEY NEEDED. BUT WE DIDN'T SAY IT HAD A PERCENTAGE OF THIS AND A PERCENTAGE OF THAT AND A SPECK OF THIS IN IT. Q LET ME SHOW YOU SOME DOCUMENTS HERE. I'M NOT SUGGESTING YOU SHOULD RECOGNIZE THESE DOCUMENTS, BUT THEY SEEM TO BE ALONG THE LINES OF WHAT WE ARE DISCUSSING. DO YOU RECALL THIS PARTICULAR LETTER? A 1 DON'T RECALL THE SPECIFIC LETTER, NO.
Pages 4590 - 4593
WATER PCB-SD0000077670
Page 4594
1
Q LET ME REFER YOU TO THE SECOND
1
2
PARAGRAPH, THE FIRST PARAGRAPH,
2
3 ACTUALLY.
3
4
IT SAYS, "MR. DALE F. SMITH HAS
4
5
ASKED ME TO REPLY IN PART TO YOUR
5
6
LETTER OF SEPTEMBER 12TH."
6
7
DO YOU RECALL MAKING THAT
7
8 REQUEST?
8
9 A NO, 1 DO NOT.
9
10
Q DO YOU RECALL EVER DEALING WITH
10
11
THE RECIPIENT OF THE LETTER,
11
12 MR. MC PHEE?
12
13 A 1 RECALL THE NAME, YES.
13
14 THE ARGONNE NATIONAL LABORATORY. 14
15
THIS WOULD BE JUST ONE OF MANY
15
16 REQUESTS WE WOULD HAVE HAD IN MY 16
17
CAPACITY AS TECHNICAL SERVICE
17
18 ENGINEER.
18
19 Q REFERRING TO THE SECOND PARAGRAPI H19
20
IT SAYS, "1 AM SORRY THAT WE
20
21
CANNOT DISCLOSE ANY ADDITIONAL
21
22
INFORMATION RELATIVE TO THE
22
23
COMPOSITION OF THIS FLUID."
23
24
I'M NOT ASKING YOU TO SPECULATE
24
25
HERE, I'M ASKING YOU IF YOU KNOW
25
26 WHETHER THERE WAS ANY REASON WHY 26
27
APPARENTLY MR. WHEELER WAS NOT
27
28
ABLE TO DISCLOSE THIS ADDITIONAL
28
Page 4595
1
INFORMATION ABOUT COMPOSITION?
1
2 A 1 COULD ONLY ASSUME THAT
2
3
MR. WHEELER WAS GOING BY THE
3
4
NORMAL COMPANY THING OF NOT
4
5
DISCLOSING SPECIFIC INFORMATION.
5
6 IT WAS NOT UNCOMMON FOR CUSTOMERS 6
7
TO ASK US TO GIVE THEM THE
7
8 FORMULATION.
8
9
1 MEAN, THAT IS JUST ROUTINE IN
9
10 ANY COMPANY.
10
11
THE CUSTOMERS TRY TO GET
11
12
FORMULATION INFORMATION.
12
13 Q MR. SMITH USED THE WORD ROUTINE 13
14
AND 1 WILL USE THE SAME WORD.
14
15
WAS IT THE ROUTINE OF MONSANTO
15
16 NOT TO GIVE OUT SPECIFIC
16
17
FORMULATION INFORMATION?
17
18 A CERTAINLY.
18
19 IT WAS A WISE DECISION.
19
20
Q ARE YOU FAMILIAR WITH A PRODUCT
20
21 CALLED TURBINOL 153?
21
22 A YES.
22
23 Q THE SECOND PARAGRAPH ENDS WITH, 23
24
QUOTE, "MCS 153 IS A SHEAR,
24
25
STABLE FUNCTIONAL FLUID HAVING
25
26 THE FOLLOWING FORMULATION," CLOSE 26
27 QUOTE.
27
28
THEN IT GIVES FAIRLY SPECIFIC
28
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
Page 4596 FORMULATION. A YES. Q NOW, I'M ASKING YOU TO RESPOND TO THESE QUESTIONS IN LIGHT OF THE ROUTINE THAT YOU SPOKE ABOUT. A OKAY. Q AND IF A CUSTOMER ASKED, "SAY, WHAT IS THE PERCENTAGE OF AROCLOR 1242 IN MCS 153," WOULD IT BE CONSISTENT WITH THE ROUTINE TO GIVE HIM THAT PERCENTAGE? A NO. Q WHAT IF THE CUSTOMER ASKED, "WHICH AROCLORS ARE IN MCS 153?" MR. TALLON: THEN THERE IS A QUESTION, WHAT CUSTOMER? Q ANY CUSTOMER. A NO. WE WOULD NOT GIVE THE CUSTOMER, WE WOULD NOT REFER TO AROCLOR. Q SO IF THE CUSTOMER ASKED, "DID MCS 153 CONTAIN AROCLOR," YOU WOULD NOT TELL HIM? A WE WOULD TELL HIM IT WAS ONE OF MONSANTO'S AROMATIC CHLORINATED HYDROCARBONS, THAT THAT WAS PROPRIETARY INFORMATION. I'M SPEAKING FOR THE TIME 1 WAS
Page 4597 IN THE GROUP. Q 1 UNDERSTAND. IS THAT THE TIME FROM 1957 TO 1971? A CORRECT. Q SO THE RECORD IS CLEAR, REGARDLESS OF WHAT TERM YOU MAY HAVE USED IN OUR DISCUSSION HERE IN DISCUSSING THE PRODUCTS WITH CUSTOMERS, YOU DID NOT USE THE TERM "AROCLOR"? A NO. Q AND ALSO YOU DID NOT USE THE TERM "CHLORINATED BIPHENYL"? A NO. Q YOU WOULD USE THE TERM "AROMATIC CHLORINATED HYDROCARBON"? A CORRECT. Q DOES THAT APPLY TO ALL CUSTOMERS? A YES, ALL CUSTOMERS. Q WAS THERE EVER ANY DISCUSSIONS AT MONSANTO THAT YOU WERE AWARE OF ABOUT POSSIBLY WITHHOLDING OR DELAYING TALKING ABOUT TOXICITY PROBLEMS WITH NEW CUSTOMERS SO AS TO NOT SCARE THE CUSTOMERS OFF? A NO, NO DELAY. Q AND IN YOUR EXPERIENCE AND IN
Pages 4594 - 4597
WATER PCB-SD0000077671
Page 4598
1
YOUR SALES EFFORTS WITH ANY
1
2 AROCLOR CONTAINING COMPOUND, DID 2
3
YOU EVER DISCUSS WITH ANYONE AT
3
4
MONSANTO OR DID ANYONE AT
4
5
MONSANTO SUGGEST TO YOU THAT
5
6
DISCUSSION OF TOXICITY OF THE
6
7
PRODUCT COULD OR SHOULD BE
7
8
DELAYED UNTIL SOME LATER POINT IN
8
9 TIME?
9
10
FOR EXAMPLE, WELL, LET'S DO IT A
10
11 STEP AT A TIME.
11
12 COULD OR SHOULD BE DELAYED UNTIL 12
13
FIELD TESTS WERE UNDERWAY?
13
14 A NO.
14
15 Q WHEN DID YOU FIRST BECOME AWARE 15
16
OF A PRODUCT CALLED MCS 153 OR
16
17 TURBINOL 153?
17
18
A 1 DON'T RECALL THE EXACT DATE.
18
19
IT WAS LATER IN MY TIME IN THE
19
20 FLUIDS GROUP.
20
21
Q WERE YOU EVER INVOLVED IN THE
21
22
DEVELOPMENT OF THE PRODUCT?
22
23 A NO.
23
24 Q DO YOU KNOW HOW THE PRODUCT WAS 24
25 DEVELOPED?
25
26 A NO.
26
27
Q ARE YOU FAMILIAR WITH THE TEXAS
27
28 EASTERN CORPORATION?
28
Page 4599
1 A YES.
1
2 Q I'M NOT REFERRING TO TODAY AS YOU 2
3 SIT HERE TODAY.
3
4
BUT BACK IN THE PERIOD WHEN YOU
4
5 WERE WORKING AT MONSANTO, DID YOU 5
6
KNOW WHAT TEXAS EASTERN DID?
6
7
DID YOU KNOW WHAT THE COMPANY
7
8 DID?
8
9 A YES.
9
10
Q DO YOU KNOW WHAT THEY USED
10
11 MCS 153 FOR?
11
12
A IT WAS A TURBINE LUBRICANT, GAS
12
13 TURBINES, OS 81.
13
14 Q I'M SORRY.
14
15 YOU MENTIONED?
15
16 A . OS 81 FIRST.
16
17 Q WHAT DO YOU MEAN BY THAT? 17
18 1 DON'T UNDERSTAND WHAT YOU SAID, 18
19 "OS 81 FIRST."
19
20 A THAT WAS THE FIRST PRODUCT THEY 20
21 USED.
21
22
THAT WAS MY FIRST RESPONSIBILITY
22
23 WITH TEXAS EASTERN.
23
24
Q TEXAS EASTERN USED OS 81 FIRST?
24
25 A YES.
25
26 Q AND THEN MCS 153?
26
27 A YES.
27
28 Q WAS OS 81 ALSO AN
28
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
Page 4600 AROCLOR CONTAINING PRODUCT? A CHLORINATED HYDROCARBON, YES. Q ARE YOU FAM1 LIAR LET'S GO BACK. NOT AS YOU SIT HERE TODAY, BUT DURING THE TIME WHEN YOU WERE AT MONSANTO, DID YOU EVER HEAR OF A COMPANY CALLED TRANSWESTERN PIPELINE COMPANY? A NEVER. Q DID YOU HAVE DID YOU EVER HAVE CONTACT WITH ANYONE FROM TRANSWESTERN PIPELINE COMPANY? A NOT TO MY KNOWLEDGE. Q DO YOU KNOW ANYTHING ABOUT HOW THE MCS 153 OR TURBINOL WAS LABELED? DO YOU KNOW WHAT LABEL MONSANTO WOULD PUT ON THE PRODUCT? A I'M SURE MY RECOLLECTION IS IT WOULD SAY "CONTAINS CHLORINATED HYDROCARBON" AND THE NORMAL PRECAUTIONS OF WASHING AND WHATEVER. THAT WAS A STANDARD LABEL WE USED. Q DO YOU RECALL APPROXIMATELY WHEN THESE SORTS OF LABELS WENT INTO
Page 4601 USE, AND BY THAT 1 MEAN THE WARNING LET'S GO BACK FOR A SECOND. I'M REFERRING TO THE SECTION OF THIS LABEL OF BOTH EXHIBITS 222 AND 223 THAT BEGINS "CAUTION" AND THEN "CONTAINS CHLORINATED HYDROCARBONS." I'M REFERRING TO THAT SECTION OF THE LABEL WHICH 1 WILL CALL "THE WARNING." A YES. Q DO YOU RECALL WHEN THIS PARTICULAR WARNING FIRST CAME TO BE USED? A 1 DO NOT RECALL. Q DO YOU RECALL IF THIS WARNING WAS EVER CHANGED? A YOU MEAN AFTER IT WAS STARTING TO BE USED? Q YES. A NOT TO MY KNOWLEDGE. Q DO YOU KNOW IF MONSANTO EVER PUT EITHER IN THE FORM OF A WARNING OR IN THE LABEL OR OTHERWISE ON THE PRODUCT WORDS TO THE EFFECT OF "CONTAINS CHLORINATED BIPHENYL"?
Pages 4598 - 4601
WATER PCB-SD0000077672
Page 4602
1 A NEVER SAW SUCH A WORDING. 1
2 Q HOW ABOUT "CONTAINS
2
3
POLYCHLORINATED BIPHENYL"?
3
4 A NO.
4
5 Q "CONTAINS PCB"?
5
6 A NO.
6
7 Q "CONTAINS AROCLOR"?
7
8 A NO.
8
9 Q ARE YOU FAMILIAR WITH THE
9
10
CIRCUMSTANCES UNDER WHICH
10
11 MONSANTO WITHDREW FROM THE MARKE Til
12 ANY AROCLOR CONTAINING PRODUCTS? 12
13
A THAT WAS AFTER MY TIME IN THE
13
14 PRODUCT GROUP.
14
15
1 WOULD BE AWARE OF IT ONLY AS IT
15
16 RELATED TO THE CUSTOMER SERVICE 16
17
DEPARTMENT THAT 1 WAS INVOLVED
17
18 WITH AT THAT TIME.
18
19
Q DID ANY CUSTOMER EVER TELL YOU
19
20
THAT THE CUSTOMER COULD NOT
20
21
PURCHASE A MONSANTO PRODUCT
21
22 BECAUSE IT CONTAINED AROCLORS OR 22
23 PCB'S?
23
24 A 1 DON'T REMEMBER THAT HAPPENING, 24
25 NO.
25
26
Q TO YOUR KNOWLEDGE, DID ANY
26
27
CUSTOMER EVER TELL ANYONE AT
27
28 MONSANTO THAT THE CUSTOMER COULD 28
Page 4603
1 NOT PURCHASE A PRODUCT BECAUSE IT
1
2 CONTAINED PCB'S OR AROCLORS?
2
3 A NOT DURING MY TIME IN THE PRODUCT
3
4 GROUP.
4
5 Q DID YOU EVER TELL ANYONE AT TEXAS
6 EASTERN OR TRANSWESTERN THAT
7 MCS 153 OR TURBINOL 153 COULD 8 POSE AN ENVIRONMENTAL HAZARD?
5
6
7
9 A NO.
8
10
MR. TALLON: THAT CONCLUDES THE READING OF DALE
9
11 SMITH.
10
12 THE COURT: ALL RIGHT.
11
13 AND SUBJECT TO THE RECEIPT OF EXHIBITS
12
14 DOES TRANSWESTERN NOW REST?
13
15 MR. TALLON: YES.
14
16 THE COURT: THEN, LADIES AND GENTLEMEN, THAT
15
17 COMPLETES THE EVIDENCE IN THE CASE.
16
18
I'M GOING TO EXCUSE YOU FROM BEING HERE
17
19 TOMORROW SO THAT 1 CAN FINISH WORKING WITH THE 18
20 LAWYERS ON THE INSTRUCTIONS.
19
21 YOUR WORK ON THE CASE WILL HAS BEEN 20
22 DILIGENT SO FAR BUT WILL REALLY BEGIN NEXT WEEK WHEN
21
23 YOU HEAR THE INSTRUCTIONS.
24 YOU WILL HEAR THE SUMMATIONS BY THE
22
25 LAWYERS AND THEN THE CASE WILL BE TO YOU FOR
23
26 DELIBERATION.
24
27
I'M GOING TO CHANGE YOUR HOURS NEXT WEEK
25
28 AND ASK YOU TO RETURN AT 9 O'CLOCK IN THE MORNING
26
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
Page 4604
ONCE THE CASE IS SUBMITTED TO YOU. I'M SURE THAT WILL BE BY WEDNESDAY
MORNING. SO COULD YOU PLAN AHEAD, PLEASE, SO YOU
CAN ARRIVE ON WEDNESDAY MORNING, STARTING WEDNESDAY MORNING AND EVERY MORNING THEREAFTER TO START YOUR WORK AT 9 O'CLOCK IN THE MORNING INSTEAD OF 9:30.
THERE IS NO REASON FOR YOU TO WAIT WHILE I'M DOING OTHER CASES HERE IN THE COURTROOM.
WE EXPECT THAT MONDAY AND MOST OF TUESDAY, PROBABLY WILL BE USED FOR THE ARGUMENT AND THE INSTRUCTIONS.
YOUR EMPLOYERS HAVE A RIGHT TO EXPECT YOU AT WORK TOMORROW UNLESS YOU HAVE A VACATION DAY THAT YOU WISH TO USE OR OTHERWISE.
TOMORROW DOES NOT COUNT AS A REQUIRED DAY.
HAVE A NICE BREAK FROM THE CASE. COME BACK RESTED, PLEASE. 1 ASSURE YOU THERE IS WORK AHEAD FOR YOU. AND DON'T THINK ABOUT THE CASE. DON'T FORM ANY IMPRESSION. IT'S STILL NOT BEEN FINALLY SUBMITTED TO YOU. AND YOU HAVE TO CONSIDER NOT ONLY THE EVIDENCE IN THE CASE BUT THE LAW THAT 1 WILL GIVE TO YOU AND HOW THE LAWYERS MELD ALL OF THAT MATE RIAL
Page 4605
TOGETHER, BRING IT ALL INTO FOCUS. SO HAVE A NICE BREAK FROM THE CASE. AND DON'T TALK ABOUT IT WITH ANY OTHER
PERSON. WE WILL SEE YOU MONDAY MORNING. A QUESTION?
JUROR SCOTT: POINT OF CLARIFICATION, ON MONDAY AND TUESDAY WE WILL BE HERE AT 9:30 AND THEN WEDNESDAY AT 9 O'CLOCK.
THE COURT: AND THEN THEREAFTER AT 9 O'CLOCK. LEAVE YOUR NOTEBOOKS, PLEASE.
JUROR SUAREZ: ARE WE STILL HERE AFTER THE 18TH?
THE COURT: 1 DON'T KNOW HOW LONG IT WILL TAKE.
IF YOU HAVE A TIME PROBLEM OR ANY CONCERN, PLEASE MAKE A NOTE.
SO 1 CAN BE REMINDED OF ANY CONCERN. PLEASE MAKE A NOTE OF ANY TIME CONCERNS THAT YOU HAVE. THANK YOU FOR THAT. WE ARE IN RECESS. (RECESS.)
(AT 3:00 P.M., THE PROCEEDINGS WERE ADJOURNED UNTIL FRIDAY, JANUARY 7, 1994 AT 9:30 A.M.)
Pages 4602 - 4605
WATER PCB-SD0000077673
[1 - company]
Transcript Word Index
1
1 4585:1 4587:8,18
10 4583:25
1242 4596:9
12th 4594:6
13 4582:1 4583:18
153 4595:21,24 4596:9,14,22 4598:16,17 4599:11,26 4600:16 4603:7,7
18th 4605:13
1948 4583:25 4584:7,8
1957 4584:28 4585:1,12 4597:3
1958 4585:18
1971 4586:17 4587:8,27 4597:4
1985 4587:19,28
1992 4582:2 4583:18
1994 4605:26
1st 4586:17_________________
2
20 4582:13,17,20
222 4601:5
223 4601:6__________________
3
3:00 4605:25
30 4591:9__________________
4
40 4582:4
4582 4582:1
4583 4582:28
7
7 4605:26
77 4587:21_________________
8
80 4587:21
81 4599:13,16,19,24,28
9
9 4603:28 4604:7 4605:9,10
9:30 4604:7 4605:8,26
a
a.m. 4605:26
able 4594:28
accurately 4591:3
addition 4588:18
additional 4594:21,28
adjourned 4605:25
ahead 4583:6,21 4604:4,20
air 4584:25
analysis 4585:4
analyst 4583:28 4584:16 4585:5
answer 4588:19 4589:2 4590:27 4591:2 4592:20
answered 4588:24
anybody 4582:22 4593:5
apparently 4594:27
apply 4597:19
approximately 4600:27
area 4586:16 4588:26
argonne 4594:14
argument
break
4604:11
4582:14,16,22,24 4583:1
aroclor
4604:18 4605:2
4590:2 4591:5 4592:1,6 bring
4596:8,20,22 4597:11
4605:1___________________
4598:2 4600:1 4602:7,12
c
aroclors 4584:10,13 4586:27 4588:3 4589:28 4591:6,6 4596:14
call 4584:18 4601:10
4586:5
4587:14
4602:22 4603:2 aromatic
called 4586:20 4595:21 4598:16
4590:5,9,15,25 4591:10,14 4591:27 4596:25 4597:16 arrive 4604:5 asked
4600:8 capacity
4594:17 care
4588:16
4594:5 4596:7,13,21 asking
4591:2 4592:12 4594:24,25 4596:3
case 4582:12 4603:17,21,25 4604:1,18,22,27 4605:2
cases
assistant
4604:9
4584:21 assume
4595:2 assure
caution 4601:6
certainly 4595:18
4604:20
chain
atoms 4592:10,11
attorneys 4582:10
4590:11 change
4603:27 changed
available 4586:10
aware 4589:9 4593:1 4597:22 4598:15 4602:15__________
4601:18 chemical
4592:8 chemistry
4584:5
b chlorinated
bachelor
4589:28 4590:3,6,9,12,13
4584:4
4590:15,16,25,27 4591:10
back
4591:12,14,27,28 4592:7,8
4582:16 4589:24 4599:4
4592:16,27 4596:25
4600:4 4601:2 4604:19
4597:14,17 4600:2,21
based
4601:7,27
4588:22
chlorine
begins
4592:10,11
4601:6
choice
beyond
4582:15
4589:4
circumstances
biphenyl
4602:10
4590:1,3,17,18,26,28
clarification
4591:12 4592:7,9,9,16,27 4605:7
4597:14 4601:28 4602:3 clear
biphenyls
4592:3 4597:6
4591:4,7,7
close
bit 4595:26
4582:12
company
4583:24 4595:4,10 4599:7
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
WATER PCB-SD0000077674
[company - five]
company (cont.)
country
deposition
entry
4600:8,9,13
4586:1
4582:1,4,12 4583:16
4586:24 4587:1,10 4588:1
complete
court
details
environmental
4582:11
4582:3,8 4583:2,15,19,21
4588:24
4603:8
completes
4603:12,16 4605:10,14 developed
evidence
4603:17
courtroom
4598:25
4582:11,13 4583:5 4603:17
completing
4604:9
development
4604:27
4583:4
cover
4598:22
evidently
composition
4591:4
diligent
4590:18
4589:17 4594:23 4595:1 covered
4603:22
exact
compositions
4584:23 4590:22
direct
4589:20 4598:18
4589:12
customer
4586:12
example
compound
4586:5,20 4589:23 4596:7 disclose
4598:10
4592:8 4598:2
4596:13,16,17,19,21
4594:21,28
excuse
compounds
4602:16,19,20,27,28
disclosing
4582:18 4603:18
4590:12
customers
4589:12 4595:5
exhibits
computerized
4585:10 4586:3,11,12
discuss
4601:5 4603:13
4586:24
4587:8,13 4588:14 4589:13 4598:3
expect
concern
4589:19,26 4590:4 4591:24 discussed
4604:10,13
4605:17,18
4592:15,24,25 4593:13
4588:1
experience
concerning
4595:6,11 4597:10,19,20 discussing
4597:28
4589:10
4597:25,26
4593:24 4597:9
expertise
concerns
d
4605:19
dale
concludes 4603:10
consider
4582:1 4583:14,18 4594:4 4603:10 data
4604:26 consistent
4588:6,7,13 4589:4 date
4596:10 contact
4586:12 4588:2 4600:12
4583:15 4598:18 day
4604:14,17
contain 4596:22
days 4593:6,8
contained 4591:26 4592:16,26
deal 4585:9 4586:2,26 4587:7
4602:22 4603:2
dealing
containing 4598:2 4600:1 4602:12
contains
4592:24 4594:10 december
4587:18
4589:28 4600:21 4602:2,5,7 continue 4586:26 4587:7
4601:7,27
decision 4595:19
define 4592:5
controls
delay
4587:23 copies
4588:6,12 corporation
4597:27 delayed
4598:8,12 delaying
4598:28
4597:24
correct 4597:5,18
deliberation 4603:26
counsel 4583:3
department 4585:2,14,20 4586:20
count 4604:16
4588:25 4589:3 4602:17
discussion
4588:27
4597:8 4598:6
f
discussions 4589:6,7,15,21,26 4592:22 4597:21
faces 4582:9
fact
documents 4588:19 4593:19,22
4585:28 fairly
doing 4604:9
4595:28 familiar
e 4584:12 4595:20 4598:27
eastern
4600:3 4602:9
4598:28 4599:6,23,24
far
4603:6
4593:14 4603:22
educational
fast
4584:2
4583:9
effect
february
4601:26
4583:25
efforts
feel
4598:1
4583:3
either
field
4583:3 4586:8 4601:24
4585:26 4598:13
employers
finally
4604:13
4604:24
ends
finish
4595:23
4603:19
engineer
first
4585:13 4594:18
4585:17 4592:4 4594:2
entail
4598:15 4599:16,19,20,22
4585:23
4599:24 4601:14
entailed
fisher
4585:24
4587:23
entire
five
4585:26
4582:7
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
WATER PCB-SD0000077675
[fluid - monsanto]
fluid
h _____________ j____________
4594:23 4595:25 fluids
4585:20 4598:20 focus
4605:1 following
4595:26 force
4584:26 4585:27 form
4588:9 4601:24 4604:23 formulation
4589:20 4593:4,12 4595:8 4595:12,17,26 4596:1 four 4582:6 friday 4605:26 front 4589:5 full 4583:12 function 4587:10
happened
january
4586:18
4584:8 4585:1 4586:17
happening
4587:8 4605:26
4602:24
join
hazard
4583:23
4603:8
joined
hear
4583:27
4600:7 4603:23,24
juror
highlighted
4605:7,12
4582:7
jury
highly
4582:23,27_____________
4590:10
k
hold
kansas
4586:14
4584:5
hours 4603:27
knew 4589:23
hydro
know
4591:28
4590:21 4594:25 4598:24
hydrocarbon
4599:6,7,10 4600:15,18
4590:14,15,25 4591:11,15 4591:27 4597:17 4600:2,22 hydrocarbons
4601:23 4605:14 knowledge
4587:5 4588:22 4600:14
4590:6,10 4596:26 4601:8 4601:22 4602:26
functional
korea
4585:20 4595:25
idea
4584:25
further
4589:10
krummrich
4588:23__________________ identifiable
4583:28 4584:9_________
g
4588:9 imply
gas 4591:18
4599:12
impression
gentlemen
4604:23
4582:8 4603:16
improper
give
4591:19
4593:12 4595:7,16 4596:11 include
4596:18 4604:27
4591:11
given
including
4589:27 4592:15
4585:28
gives
industrial
4595:28
4584:5
glazed
information
4582:8
4586:7,9 4587:15 4592:20
go 4593:2,4,5,13,15 4594:22
4582:20 4583:6,21 4584:15 4595:1,5,12,17 4596:27
4600:3 4601:2
instructions
going
4603:20,23 4604:12
4592:6 4595:3 4603:18,27 interest
good
4591:16,22 4592:13
4583:10
intermediates
goods
4585:14,16
4583:11
involved
group
4598:21 4602:17
4597:1 4598:20 4602:14 iowa
4603:4
4587:24
I
label 4600:18,25 4601:5,10,25
labeled 4600:17
labels 4600:28
laboratory 4585:6,11 4594:14
ladies 4582:8 4603:16
large 4591:1
law 4604:27
lawyers 4603:20,25 4604:28
leader 4584:19,20
leave 4605:11
left 4593:11
letter 4588:5 4593:26,28 4594:6 4594:11
light 4596:4
lines 4593:23
long 4585:15 4586:14 4587:16 4605:14
look 4582:9
lubricant 4599:12________________
m
making 4594:7
manufacture 4584:10
march 4585:18
market 4602:11
marketing 4585:2,8
marshaltown 4587:23
material 4604:28
me 4594:12
mes 4595:24 4596:9,14,22 4598:16 4599:11,26 4600:16 4603:7
mean 4586:5 4590:27 4591:18 4592:7 4593:7,9 4595:9 4599:174601:1,19
meaning 4591:28
medical 4588:25 4589:3
meld 4604:28
mentioned 4599:15
mentions 4588:5
mind 4592:12
minutes 4582:4,13,17,20
monday 4604:10 4605:5,7
monsanto 4583:24 4586:6 4589:7,8 4590:20 4591:16,23 4592:14 4593:11 4595:15
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
WATER PCB-SD0000077676
[monsanto - remember]
monsanto (cont.)
original
4597:22 4598:4,5 4599:5
4586:22
4600:7,18 4601:23 4602:11 os
4602:21,28
4599:13,16,19,24,28
monsanto's
overlap
4585:9 4596:25
4587:12
months
P
4587:13 morning
4583:10,11
4603:28 4604:3
p.m. 4605:25
payes
4604:5,6,6,7 4605:5 motion
4589:10
4582:7 paragraph
4594:2,2,19 4595:23
n part
name
4587:2 4590:20 4592:18
4583:13,14 4594:13
4594:5
national
participants
4594:14
4583:2
need
particular
4582:22,23 4583:7
4590:7 4593:25 4601:14
needed
party
4593:15
4589:9
needs
pcb
4593:14
4602:5
new
pcb's
4586:19 4597:25
4602:23 4603:2
nice
percentage
4604:18 4605:2
4593:16,17 4596:8,11
nine
period
4584:23
4584:23,27 4587:21,26
normal
4599:4
4595:4 4600:22
person
note
4605:4
4605:17,19
pertaining
notebooks
4589:16
4605:11
phee
o
occasion 4585:9
occur 4584:17
o'clock 4603:28 4604:7 4605:9,10
okay 4596:6
once 4604:1
open 4588:16
opposed 4590:16
order 4586:20,24 4587:1,9 4588:1
4594:12 pipeline
4600:9,13 place
4582:24 plan
4604:4 plant
4584:1,9 please
4583:12,16 4604:4,19 4605:11,17,19 point 4585:3 4586:27 4598:8 4605:7 policy 4589:11 polychlorinated 4602:3
pose
put
4603:8
4587:6 4600:19 4601:23
position
pydraul
4583:26 4585:12,23
4585:21,25 4586:2,13
4586:15 4587:6,17,22 possibly
4597:23 precautions
4600:23 present
4583:3 pressure
4583:4
q question
4588:11 4596:15 4605:6 questions
4588:20,28 4596:4 quote
4595:24,27_____________
r
prior
reading
4585:3
4582:1 4583:8,9,22
probably
4603:10
4604:11
really
problem
4603:22
4605:16
reason
problems
4590:7 4591:17 4592:28
4597:25
4594:26 4604:8
proceed
recall
4582:17
4584:24 4589:6,15,21,25
proceedings
4593:25,27 4594:7,10,13
4605:25
4598:18 4600:27 4601:13
process
4601:16,17
4584:13
receipt
processing
4603:13
4586:21
receive
produced
4584:7
4588:11
received
product
4588:28
4587:1 4589:27 4590:19 recess
4592:15 4593:3 4595:20
4605:22,23
4598:7,16,22,24 4599:20 recipient
4600:1,19 4601:26 4602:14 4594:11
4602:21 4603:1,3
recognize
production
4593:22
4584:13
recollection
products
4591:8 4600:20
4585:26 4587:5 4588:21 record
4589:13,17 4591:11,24
4583:13 4597:6
4592:26 4597:9 4602:12 refer
promoted
4594:1 4596:19
4586:19
referring
proprietary
4594:19 4599:2 4601:4,9
4590:19 4593:2,12 4596:27 regardless
provide
4597:7
4588:12
related
providing
4602:16
4585:24 4588:18
relationship
purchase
4588:3
4602:21 4603:1
relative
purpose
4594:22
4591:19
remember
4602:24
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
WATER PCB-SD0000077677
[reminded - training]
reminded
scare
stand
4605:18
4597:26
4582:25,28
repeat
science
standard
4592:2
4584:4
4600:25
reply
scott
standpoint
4594:5
4605:7
4586:28 4587:3,4,9
request
second
start
4588:16 4594:8
4594:1,19 4595:23 4601:3 4604:6
requested
secrets
started
4588:15
4589:18 4591:21
4593:10
requests
section
starting
4594:16
4584:19 4601:4,9
4601:19 4604:5
required
September
state
4604:16
4594:6
4583:12 4584:6
respond
service
stay
4596:3
4585:25 4594:17 4602:16 4582:24 4587:16
response
shear
step
4589:1
4595:24
4582:23,27 4598:11
responsibility
shift
straight
4587:2 4599:22
4584:19
4590:11
rest
short
stretch
4603:14
4582:24 4583:1
4582:25,28
rested
show
suarez
4604:19
4593:19
4605:12
restroom
side
subject
4582:26
4583:3
4603:13
retired
similar
submitted
4587:18
4587:22
4604:1,24
return
sit
suggest
4603:28
4599:3 4600:5
4598:5
reveal
smith
suggesting
4593:3
4582:1 4583:10,14,18,23
4589:16 4593:21
revealed
4594:4 4595:13 4603:11 suggestion
4589:19
sole
4589:11
revealing
4590:19
suggestions
4591:23 4592:14
sorry
4589:22,25 4592:23
right
4583:17 4590:14,24
summaries
4582:22 4603:12 4604:13 4594:20 4599:14
4588:5,7,10,13
room
sorts
summations
4582:23,27
4600:28
4603:24
routine
speaking
supervisor
4595:9,13,15 4596:5,10
4596:28
4584:21,22 4585:5
s specific
supervisors
safety
4592:20 4593:27 4595:5,16 4586:23
4588:21
4595:28
sure
sales 4585:13,27 4586:15 4598:1
salesmen
4587:4
speck 4593:18
speculate 4594:24
4600:20 4604:2 system
4586:25
t
4586:4,8 4592:23
speculation
taken
satisfied 4593:14
4592:17 spoke
4582:1 4583:1 talk
saw 4602:1
4596:5 stable
4605:3 talked
says
4590:10 4595:25
4587:14
4594:4,20
talking 4591:8 4597:24
tallon 4582:3,6 4583:6,8,15,17,20 4583:22 4596:15 4603:10 4603:15
technical 4585:24 4586:7,15 4587:3 4587:11 4588:23 4594:17
tell 4592:25 4596:23,24 4602:19,27 4603:5
telling 4582:18
term 4590:8,22,23 4591:10 4592:6 4597:7,11,13,16
terms 4592:5
tests 4598:13
texas 4598:27 4599:6,23,24 4603:5
thank 4605:21
thing 4595:4
think 4582:3,5 4604:22
thinking 4582:14
thought 4583:8
three 4587:20,26
time 4583:4,7 4585:7,19 4587:27 4593:9,10 4596:28 4597:3 4598:9,11,19 4600:6 4602:13,18 4603:3 4605:16,19
today 4599:2,3 4600:5
told 4589:27
tomorrow 4582:19 4603:19 4604:14 4604:16
toxicity 4588:6,7,20 4597:24 4598:6
trade 4589:18 4591:20
training 4584:3
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
WATER PCB-SD0000077678
[transferred - years]
transferred 4585:19 4587:25
transwestern 4600:8,13 4603:6,14
try 4595:11
tuesday 4604:11 4605:8
turbine 4599:12
turbines 4599:13
turbinol 4595:21 4598:17 4600:16 4603:7
u
umbrella 4591:1
uncommon 4595:6
understand 4591:20 4592:4 4597:2 4599:18
underway 4598:13
unfortunately 4588:8
university 4584:6
unnoticed 4582:9
use 4582:26 4590:2,13 4592:6 4595:14 4597:10,13,16 4601:1 4604:15
Wednesday 4604:2,5,5 4605:9
week 4603:22,27
welcome 4582:28
went 4585:1 4600:28
wheeler 4594:27 4595:3
wise 4595:19
wish 4604:15
withdrew 4602:11
withholding 4597:23
word 4590:2,5 4595:13,14
wording 4602:1
words 4601:26
work 4593:10 4603:21 4604:7,14 4604:20
working 4599:5 4603:19
y
year 4584:23 4587:20,26
years 4584:24 4591:9
V
vacation 4604:14
various 4589:13
verbally 4588:20
versus 4590:11
w
wait 4604:8
want 4582:20,26 4583:3
war 4584:25
warning 4601:2,11,14,17,24
washing 4600:23
Smith, Dale (fmr Monsanto employee) in TRANSWESTERN
WATER PCB-SD0000077679