Document Ex8nOM18vy47VxZ6aQ4GRRXj0

ERIC K. FALK Direct Dial: (412)338-4722 E-Mail: efalk@dmcpc.com davies, McFarland & carroll, p.c. ATTORNEYS AT LAW THE TENTH FLOOR, ONE GATEWAY CENTER PITTSBURGH, PENNSYLVANIA 15222-1416 (412)281-0737 Fax(412)261-7251 June 3, 2003 Jason E. Luckasevic, Esquire Goldberg, Persky, Jennings & White, P.C. 1030 Fifth Avenue, Third Floor Pittsburgh, PA 15219 RE: Robert F. Adams and Naomi Adams, his wife vs. General Motors Corporation, et al. No. 7870 of 2002 (Westmoreland County) Dear Jason: Enclosed please find the transcripts of Maremont's representative, Carl Liggett, taken on 9/26/01, 12/12/01, 3/29/02, and 8/15/02. After reviewing these transcripts, please advise as to whether you still believe it will be necessary to proceed with the deposition of the Maremont representative. If so, I will have to make arrangements for the deposition to take place at a time and place other than June 24 at your office. Eric K. Falk EKF/sla Enclosures cc: Defense Counsel of Record (w/o enc.) {DO 147915:1} In The Matter Of: WILLIAM L. COTTON, ET AL. -vs - A.P. GREEN REFRACTORIES COMPANY, ET AL. No. B- 15 0, 3 7 4 -AK Videotaped Deposition of: CARL LIGGETT August 15, 2002 rt U;\ i ' \\\v. ;I V \ .xy/ BENUSKA REPORTING P.O. Box 513 Downers Grove, Illinois 60515 (630) 834-7828 Word index included with this Multi-Page T William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8-15-02 ' Page 1 Page 3 1 IN THE DISTRICT COURT OF 1 APPEARANCES: (Continued) 2 JEFFERSON COUNTY, TEXAS 2 3 60th JUDICIAL DISTRICT 4 3 JENNER & BLOCK 4 (One IBM Plaza 5 WILLIAM L. COTTON, et al., ) 6 Plaintiffs, ) 5 Chicago, Illinois 60611-7602), by: 6 MR. EDWARD P. ZAENGLE, 7 -vs- ) Cause No. 8 A.P. GREEN REFRACTORIES ) B-150, 374-AK 7 Representing Dresser Industries; 8 9 CO., et al., 10 Defendants. ) ) 9 ANDREWS & KURTH L.L.P. 10 (600 Travis 11 11 Suite 4200 12 The videotaped deposition of CARL 12 Houston, Texas 77002), by: 13 LIGGETT, called for examination pursuant to Notice 13 MS. LISA E. BROWN, 14 and pursuant to the Rules of Civil Procedure for 14 Representing Bechtel Defendants and 15 the United States District Courts pertaining to the 15 Amoco Defendants; 16 taking of depositions, taken before Roselind C. 16 17 Benuska, C.S.R. No. 084-002031, Certified Shorthand 17 GOODIN, ORZESKE & BLACKWELL, P.C. 18 Reporter and a Notary Public within and for the 19 County of DuPage and State of Illinois, at 8000 18 (9102 North Meridian Street 19 Suite 400 20 Joliet Road, McCook, Illinois, on the 15th day of 20 Indianapolis, Indiana 46260), by: 21 August 2002 at the hour of 10:58 o'clock a.m. 21 MS. JENNIFER L. BLACKWELL, 22 22 Representing Borg-Wamer. 23 23 24 24 Page 2 Page 4 1 APPEARANCES: 1 INDEX 2 2 WITNESS EXAMINATION 3 BRENT COON & ASSOCIATES 4 (3550 Fannin 3 CARL LIGGETT 4 By Mr. Coon 8 5 Beaumont, Texas 77701), by: 5 6 MR. BRENT COON, 6 7 MR. JASON L. CANSLER, and 7 8 MR. MICHAEL RUNYAN, 8 EXHIBITS 9 Representing the Plaintiffs, 9 NUMBER MARKED FOR ID 10 10 11 KASOWITZ, BENSON, TORRES & FRIEDMAN, LLP 11 NO EXHIBITS MARKED 12 (1633 Broadway 12 13 New York, New York 10019-6799), by: 13 14 MR. JOHN C. CANONI, 14 15 -and- 15 16 GERMER, BERNSEN & GERTZ, LLP 16 17 (550 Fannin 17 18 Suite 1025 18 19 Beaumont, Texas 77701), by: 19 20 MS. PAULA H. BLAZEK, 20 21 Representing Maremont; 21 22 22 23 23 2A- BENUSKA REPORTING (630) 834-7828 24- Page 1 - Page 4 T William Cotton vs. A.P. Green -- - Multi-PageTMCarl Liggett, 8rl5- \2. - --........................... -- "" ' -- --* J--1 Page 5 Pagt 7 1 THE viDEOGRAPHER: My name is Slawomir Kojro, 2 I'm a video technician for Depovision located at 53 3 West Jackson Boulevard, Chicago, Illinois. 4 The date is August 15, 2002. The time is 5 10:58 a.m. 6 We are present here today at 8000 Joliet 7 Road, McCook, Illinois, with reference to the case 8 entitled William L. Cotton, et al. versus A.P. 9 Green Refractories Company, et al. pending in the 10 60th District Court of Jefferson County, Texas. 11 Case number B-150. 12 The witness is Carl Liggett. 13 An audiovisual recording of this 14 deposition is at the request of plaintiff. 1 of redeposing Mr. Liggett in the event it becomes 2 necessary to proffer some of his testimony at trial 3 and we don't have to get into issues of 4 availability of the witness, is that correct? 5 MS. BLAZEK: That's correct. And it goes both 6 ways, Maremont would also be able to use the 7 deposition. 8 MR. COON: We have no objections. And we also 9 have I believe reached an agreement with respect to 10 the authentication of those documents that have 11 been produced by Maremont which I believe are all 12 Bates stamped with a prefix of an MAR and then a 13 Bates number on it, as I understand it, with 14 respect to those documents received before the 15 Will the court reporter please identify 15 deposition today that were produced as part of the 16 herself and swear in the witness. 17 THE COURT REPORTER: Rose Benuska, Benuska 16 discovery in this matter where those Bates numbers 17 we don't have an authentication issue, correct? 18 Court Reporting. 19 Would you raise your right hand, please. 18 MS. BLAZEK: That's correct. 19 MR. COON: And Maremont will reserve whatever 20 (Witness Sworn). 20 other objections they deem appropriate, is that 21 MR. COON: Okay. For purposes of the record 21 correct? 22 can we get the identification of the parties. 23 We have Brent Coon, Jason Cansler and 22 MS. BLAZEK: Correct. 23 MR. CANONI: Correct. 24 Michael Runvan for plaintiffs. 24 MS. BLAZEK: I guess the onlv other Page 6 Page 8 1 MR. ZAENGLE: Edward Zaengle for Dresser 1 stipulation is if one objection can be good for 2 Industries. 3 MS. BLACKWELL: Jennifer Blackwell for 2 all? 3 MR. COON: Certainly. 4 Borg-Wamer Corporation. 4 Are we ready to proceed? 5 MS. BROWN: Lisa Brown for the B.P. Amoco and 5 MS. BLAZEK: I believe so. 6 Bechtel various defendants. 6 CARL LIGGETT, 7 MS. BLAZEK: Paula Blazek for Maremont 7 called as a witness herein, having been first duly 8 Corporation. 8 sworn, was examined and testified as follows: 9 MR. CANONI: John Canoni for Maremont 9 EXAMINATION 10 Corporation. 10 BY MR. COON: 11 MR. COON: Paula, are you going to wear hats 11 Q. Good morning, Mr. Liggett. Could I have 12 for anyone else today? 12 you state your name and address for the record 13 MS. BLAZEK: NO. 13 please, sir? 14 MR. COON: I guess for the record we take this 14 A. My name is Carl Liggett, 2182 University 15 pursuant to notice and pursuant to rules, reserve 15 Drive, Naperville, Illinois. 16 objections other than form. 16 Q. Where is Naperville, Mr. Liggett? 17 MS. BLAZEK: Correct. 17 A. Naperville is a suburb of Chicago about 18 MR. COON: And we had a discussion before the 18 20 miles west. 19 deposition, plaintiff's counsel and defense 19 Q. I had the pleasure of meeting you just 20 counsel, with respect to the use of Mr. Liggett's 20 briefly before the deposition today, and it's my 21 deposition. And it's my understanding we have an 21 understanding that you are a person that a company 22 agreement that we can use Mr. Liggett's deposition 22 by the name of Maremont believes to be 23 in other presently pending matters or future 23 knowledgeable regarding their past involvement in 24 matters involving my law firm without the necessity BENUSKA REPORTING (630) 834-7828 24 the manufacturing, use or distribution of_______________ Page 5 - Page 8 T William Cotton vs. A.P. Green __________Multi-PageTMCarl Liggett, 8-15-02 * Page 9 Page 11 1 asbestos-containing products, mostly brake shoes 1 those other cases in which you gave a deposition 2 and things of that nature, is that correct? 3 A. That is correct. 2 involved a claim of one or more persons suffering 3 from an asbestos-related disease as a result of 4 Q. We are here at the offices of is it 4 exposure to Maremont manufactured products? 5 Precision -- 5 A. That is my understanding, that there was 6 A. Accurate Partitions Corporation. 6 alleged asbestos sickness. 7 Q. Accurate Partitions Corporation. Are you 8 employed at this facility at this time? 7 Q. Do you know the final disposition of any 8 of those claims, if they are all still pending or 9 A. Yes, I am. 10 Q. So we are taking the deposition here at 9 not? 10 A. I'm not sure of any of that. 11 your offices for your convenience as an employee 11 Q. Have you been requested to be available 12 here so you didn't have to travel into town and do 12 in the trial of any asbestos-related matters on 13 this at a lawyer's office? 13 behalf of Maremont? 14 A. That's correct. 14 A. Yes, I have. 15 Q. I take it that this was something that 15 Q. Do you know of any other cases that are 16 was done at your request? 16 pending at this time in which you have been 17 A. Yes. 18 Q. Have you had theopportunity to give a 17 requested to be available for trial? 18 A. No, I do not. 19 deposition concerning these or similar matters in 19 Q. Do you have any relationship with 20 the past? 20 Maremont at this time? 21 A. Yes, I have. 21 A. No, I don't. 22 Q. Could you tell me briefly the 22 Q. Do you get paid anything as a retainer or 23 circumstances in terms of the number of times and 23 as a stipend for being a consultant for Maremont to 24 verv brieflv what the nature of those claims were. 24 be available for depositions of this nature? Page 10 Page 12 1 if you know? l A. Yes, I do. 2 A. I would say three or four times I have 2 Q. Can you tell us briefly about the 3 been deposed regarding my knowledge of Maremont in 3 circumstances in which you are made available for 4 relation to their manufacture and distribution of 4 Maremont to testify in these matters. 5 friction materials. 5 A. I have been asked and agreed to make 6 Q. Have you ever testified in trial 6 myself available, and I have done that. 7 concerning any of those matters? 7 Q. Do you have a written contract with 8 A. No, I have not. 8 anyone to make yourself available? 9 Q. Do you recall the circumstances in which 9 A. No, I do not. 10 you gave those prior depositions in terms of the 10 Q. Was this something that was arranged with 11 time, how long ago was it? 11 representatives of Maremont or their attorneys or 12 A. They have all been in the last year. 12 both? 13 Q. Do you know anything about the parties 13 A. It was arranged with attorneys for 14 that requested your deposition? 14 Maremont. 15 A. Not very much. 15 Q. I take it they contacted you and told you 16 Q. Do you know anything about the law firms 16 generally what may be involved and you all worked 17 for the plaintiffs that were involved in any of 17 out the terms of a financial agreement for you to 18 those matters in terms of where they were located 18 be available? 19 or their names? 20 A. No, I really don't. 19 A. Yes, we did. 20 Q. Did you have an attorney representing 21 Q. Do you know anything about the style of 21 your interest to negotiate the terms of anything? 22 the cases that were involved? 22 A. No, I did not. 23 A. No, I don't. 23 24_____Q Ts it vour understanding that each of____________ 74 BENUSKA REPORTING (630) 834-7828 Q. Can you briefly tell us what your understanding of this working relationship is?---------------- Page 9 - Page 12 William Cotton vs. A.P. Green Multi-PageTM Page 13 Carl Liggett, 8*15- '2* Page .si 1 A. That I would make myself available for 1 A. Yes, I have. j 2 depositions and they would pay me for my time. 2 Q. Can you tell us what you recall having 3 Q. Is there a limitation on the amount of 4 depositions that you can make yourself available 3 reviewed before today with respect to assisting you 4 in preparing for depositions such as this? 5 for, the time or circumstances or length or 6 locations? 7 A. That's not come up to date. 8 Q. Just playing it by ear? 5 A. I remember reviewing a couple of 6 depositions from people that were in the sales and 7 marketing departments of Maremont. 8 Q. Any recollection of the names of those 9 A. So far. 10 Q. What is the financial consideration for 9 individuals? 10 A. Bob Stienmetz, Chuck Burkett. 11 being available? 12 A. SI75 an hour. 11 Q. How do you spell Bob's last name? 12 A. I'm guessing. S-t-i-e-n-m-e-t-z. 13 Q. Is that for your time involved in just 13 MR. CANONI: I think it's e-i-n 14 giving the depositions? 15 A. Yes, it is. 16 Q. Is there any preparation time that's also 14 MR. COON: E-i-n? Maybe Steinmein? 15 MR. CANONI: Steinmetz. He had everything 16 else right. 17 involved? 17 MR. COON: Steinmetz. M-e-i-n-z? 18 A. Yes, there is. 18 MR. CANONI: No. S-t-e-i-n-m-e-t-z. 19 Q. Have you been able to meet with the 19 MR. COON: Okay. 20 attorneys or former employees or present employees 20 MR. CANONI: He just inverted the "i" and "e." 21 of Maremont with respect to things to review or 21 MR. COON: Gotcha. 22 discuss in preparation for being available for a 22 BY MR. COON: 23 deposition such as this? 23 Q. And Chuck Burkett, would that have been 24 A. Help me understand that question a little_________ 24 Charles Burkett?__________________________________ Page 14 Page 16 1 better. 1 A. Yes. 2 Q. Yes, sir. I just need to know if you 2 Q. Were they both former employees of 3 have looked at documents or reviewed material or 3 Maremont? 4 depositions or other things to further educate 4 A. Yes, they were. 5 yourself with respect to things you may testify to 5 Q. Have you talked to either of those 6 today and in the other depositions you've given. 6 gentlemen? 7 A. Yes, I have. 7 (Short interruption). 8 Q. And can you give us some idea of the type 8 MR. COON: Let's go off the record briefly. 9 of documents and things you've reviewed to assist 9 THE VIDEOGRAPHER: Off the record, 11:09. 10 your memory and probably refresh your memory to 10 (Discussion had off the record). 11 some degree about the past dealings of Maremont? 11 THE VIDEOGRAPHER: On the record, 11:11. 12 A. Most of the documents I have reviewed 12 BY MR. COON: 13 would have been documents that were presented by 13 Q. Mr. Liggett, we were talking about some 14 Maremont's counsel to the plaintiff's counsel and I 14 of the depositions that you had reviewed. Do you 15 was asked to identify or explain, if I could, what 15 remember a Mr. Steinmetz? 16 those documents were. 16 A. Correct. 17 Q. Would that have been from your prior 17 Q. Mr. Burnett or Burkett? 18 working familiarity with some of the correspondence 18 A. Burkett. 19 involving Maremont? 19 Q. Burkett. Any other individuals? 20 A. Yes, it would. 20 A. None that I can recall at this time. 21 Q. Have you been asked to review or read any 21 Q. Have you also had an opportunity to talk 22 prior depositions of persons involved in this 22 to anyone, including those gentlemen? 23 litigation, either plaintiffs or defendants or 23 A. I have spoken to Mr. Steinmetz. 24 other witnesses?_________________________________ BENUSKA REPORTING (630) 834-7828 24 q Do yon recall hriefly the circumstances-------------Page 13 - Page 16 T William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8-15-02 Page 17 Page 19 1 in which you had spoken to him in terms of the 2 times, frequency? 3 A. Once or twice purely social. 4 Q. Okay. You all maintained a social , 1 circumstances in which you gave those other 2 depositions? 3 A. I gave a deposition in relation to the 4 performance of a paving job for a plant parking 5 relationship over the years since you left there? 6 A. No, we have not. 5 lot. 6 Q. On behalf of whom? 7 Q. But you met him socially in some social 8 environment? 9 A. As a result of this litigation I became 10 aware of his phone number and gave him a phone call 11 and said hello. 7 A. On behalf of the company that I was 8 employed by. 9 Q. And what company was that, sir? 10 A. That was Alliance Wall Corporation. 11 Q. Was that over a contract dispute or 12 Q. Okay. Does he still live in the Chicago 13 area? 14 A. Yes, he does. 15 Q. And Mr. Burkett, any conversations with 16 him? 17 A. Yes, one, very brief. 12 something? 13 A. Yes, it was. 14 Q. Okay. Any other depositions? 15 A. There was a steel quality dispute at 16 Alliance Wall Corporation. 17 Q. Again was that a contract matter? 18 Q. With either one of these discussions did 18 A. Yes, it was. 19 it involve clarification of things they may have 20 said in their deposition? 19 Q. Any other times? 20 A. There was a product liability issue at 21 A. No, it did not. 21 Accurate Partitions. 22 Q. Do you know anything about the 22 Q. Real briefly the circumstances involved 23 circumstances in which either of these gentlemen 23 in that claim. ?4 gave their depositions? 24 Page 18 A. A door fell off its hinge at a health_____________ Page 20 1 A. No, I don't. 1 club and hit a woman's toe and she was suing the 2 Q. Did you have an understanding that 2 health club and Accurate. 3 related to matters similar to these that they gave 4 depositions as a result of their employment at 3 Q. Okay. Any others? 4 A. None that I can recall. 5 Maremont -- 5 Q. Were you a personal party to any of those 6 A. Yes. 6 other matters? 7 Q. - in asbestos-related matters? 7 A. No, I was not. Excuse me, I just 8 A. Yes, I did. 8 recalled another deposition. 9 Q. Have you given depositions in anything 9 Q. Yes, sir. 10 other than these asbestos proceedings? 10 A. I went through a divorce and gave 11 A. Yes, I have. 11 depositions in that, and I was a personal party. 12 Q. Could you tell us briefly about those 12 Q. I understand. Any others? 13 please, sir? 13 A. No. - 14 MR. CANONl: Are you asking just for Maremont 14 Q. Mr. Liggett, do you have a curriculum 15 or ever? 15 vitae, what a lot of folks call a resume? 16 BY MR. COON: 16 A. Yes, I do. 17 Q. No, just generally. First for Maremont. 17 Q. Do you have one available with you, sir? 18 Have you given depositions for Maremont in anything 18 A. Not in this room. 19 other than these asbestos-related matters? 19 Q. Do you have one in the building? 20 A. No, I have not. 20 A. Yes. 21 Q. But you have given depositions in matters 21 Q. We may ask for a break later, but briefly 22 unrelated to your employment with Maremont? 22 can you tell us from the resume what it would 23 A. Yes, I have. 23 reflect in terms of your educational background. 24____ Q. Could you tell us very hriefly the_______________ 2L. and then we would like to follow through hriefly---------- BENUSKA REPORTING Page 17 - Page 20 (630) 834-7828 William Cotton vs. A.P. Green Multi-PageTMCarl Liggett, 8rl5-' % Page 21 Page 1 1 your employment history. 1 Q. What city and what was your job? J 2 A. Okay. 2 A. I went to Tunkhannock, Pennsylvania, as a 3 Q. Where were you bom and raised? 3 team leader. 4 A. Nashville, Tennessee. 4 Q. And what does a team leader do, sir? 5 Q. And you finished school there? 5 A. Foreman. 6 A. Yes, high school. 6 Q. In the manufacturing processes? 7 Q. Any college? 7 A. Manufacturing Pampers disposable 8 A. The University of Tennessee in Knoxville. 8 diapers. And I moved from Tunkhannock to Modesto, 9 Q. And graduate? 9 California. 10 A. BS degree in industrial management. 10 Q. Still with Procter & Gamble? 11 Q. What year, sir? 11 A. Yes. 12 A. 1965. 12 Q. What year would this have been? 13 Q. And from there? 13 A. I'm not sure I can remember the years. 14 A. I worked less than one year for Ford 14 Q. Ballpark. 15 Motor Company in Lorain, Ohio. 15 A. '70 to '73 or '4. 16 Q. Doing what, sir? 16 Q. And what did you do in California, sir? 17 A. As a foreman on an assembly line. 17 A. I was a department manager. 18 Q. What kind of cars did you build, other 18 Q. What were your responsibilities as a 19 than good cars? 19 department manager? 20 A. Econoline trucks. 20 A. I managed six Pampers converters that ran 21 Q. Econoline trucks. And from there? 21 24 hours a day, 7 days a week. 22 A. The U.S. Air Force. 22 Q. Again these are the disposable diapers? 23 Q. How long? 23 A. That's correct. ?4 A. Four vears. 24 O. Okay. And how long did you have that_________ Page 22 Page 24 1 Q. And what did you do for the U.S. Air 2 Force? 1 position? 2 A. A year and a half. 3 A. I was an aircraft maintenance officer 4 attaining the rank of captain. 3 Q. And where did you go from there, sir? 4 A. Maremont Corporation. 5 Q. Honorable discharge? 6 A. Yes. 5 Q. And what precipitated leaving Procter & 6 Gamble and going to work at Maremont? 7 Q. And what years? 8 A. From 1966 to 1970. 9 Q. Any wartime service? 7 A. A good friend of mine from the Air Force 8 had gone to work for Maremont, he told me about an 9 opportunity in Nashville, Tennessee; Nashville was 10 A. It was the Vietnam War. 11 Q. Did you see any active duty in Vietnam? 10 my home, I was married and had a child at that 11 point, so it was getting the family closer 12 A. I was in Vietnam for one day. 12 together. 13 Q. And where were you for the duration of 13 Q. Was your family from growing up in 14 the time you were with the U.S. Air Force? 14 Nashville still there? 15 A. I was stationed at Lackland Air Force 15 A. Yes. 16 Base, Shenute Air Force Base, Langley Air Force 16 Q. Was this also promotional in any nature 17 base, did rotations to Germany and England, and was 17 in terms of raise, better opportunities? 18 at McGuire Air Force Base. 18 A. Yes, it was. 19 Q. Were you involved in aircraft maintenance 20 for the duration of your tenure with the military? 19 Q. Okay. And this would have been 1974? 20 A. '73 I believe. 21 A. Yes, I was. 21 Q. '73. And what was your initial position 22 Q. And what did you do upon discharge from 22 at Maremont? 23 the military, sir? 23 21. A T joined Procter Gamhle Corporation_________ 21. BENUSKA REPORTING (630) 834-7828 A. Operations manager. Q And could yon tell ns what an operations------------ Page 21 - Page 24 William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8-15-02 Page 25 Page 27 1 manager at Maremont would do? 1 A. The president of Nutum and I decided to 2 A. The operations manager was responsible 2 end our business relationship with each other so I 3 for all of the manufacturing operations at that . 4 location. 3 resigned and looked for new employment. 4 Q. I take it you all had some disagreements 5 Q. This is in Nashville? 5 over certain things? 6 A. Yes, it is. 6 A. That would be a fair assumption. 7 Q. And how long did you hold that position? 8 A. Three years approximately. 7 Q. Were they personal or professional? 8 A. Professional. 9 Q. What was your next title, sir? 9 Q. What was that gentleman's name, sir? 10 A. Then I had responsibility for that 11 facility and also as operations manager for another 10 A. Bob Rogers. 11 Q. He was the president? 12 facility in Ohio. 12 A. Correct. 13 Q. What was the location, sir? 13 Q. Did you report directly to him at that 14 A. Paulding, Ohio. 14 time? 15 Q. How do you spell that? 15 A. Yes, I did. 16 A. P-a-u-l-d-i-n-g. 16 Q. Okay. And so you go to work in Oklahoma 17 Q. How long did you retain the position as 17 in '81. What was your title there, sir? 18 operations manager for both the Nashville and 18 A. I think it was vice president. 19 Paulding locations? 19 manufacturing. 20 A. For about a year. 20 Q. What did they manufacture? 21 Q. Where from there? 21 A. Porcelain finishes on light gauge steel 22 A. Then I stayed in the same job but moved 22 for writing surfaces and architectural wall panels. 23 from Maremont to Nutum. 23 Q. How is it that you found out about this 74 o Was that as a result of the sale of those 24 company?_________________________________________ Page 26 Page 28 1 product lines to Nutum? 1 A. I was seeking employment and a search 2 A. Yes, it was. 2 firm called me. 3 Q. We'll talk more about that later. This 3 Q. Was this going on while you were still 4 was in 1975, '76? 4 working at Nutum? 5 A. I believe that was around 1977. 5 A. It was right after I left Nutum. 6 Q. '77. Okay. How long did you stay with 6 Q. Okay. How long did you work there, sir? 7 Nutum? 7 A. Five years. 8 A. Until 1981. 8 Q. So this would take us to about '86? 9 Q. Any other title changes between 'll and 9 A. Correct. 10 '81? 10 Q. What did you do during your tenure at 11 A. I became vice president of operations at 11 that facility from '81 to '86? 12 the Smithville, Tennessee, plant. 12 A. I ran the manufacturing operations. 13 Q. And what did that title involve? ...... 13 Q. And your title through that duration? 14 A. Running all the manufacturing operations 14 A. Vice president of manufacturing. 15 at that facility. 15 Q. Where did you go in '86? 16 Q. And from there, sir? 16 A. Went to Sterling Technologies. 17 A. Went to Alliance Wall Corporation in 17 Q. And your title there? 18 Oklahoma. 18 A. General manager. 19 Q. What year was this, '81? 19 Q. What did Sterling Technologies do? 20 A. I believe so. 20 A. Made sheet metal enclosures for 21 Q. What was the purpose of leaving - is it 21 computers. 22 Nutum? 22 Q. What was your reason for going to work at 23 A. Correct. 23 Sterling Technologies? 74 ___Q. What was the purpose of leaving Nutum?_______ A Alliance Wall was hnnght and sold two-------------- BENUSKA REPORTING (630) 834-7828 Page 25 - Page 28 William Cotton vs. A.P. Green Multi-Page TM \ Carl Liggett, 8<-15- Page 29 Page times and I decided it was time to look for a more 1 and sued each other to a standstill. stable job. Q. Were there rumors about layoffs or something that would impact your position at * 2 Q. Did that business close its doors? 3 A. Yes, it did. 4 Q. What did you do for your duration at Alliance in light of the fact they had sold out a couple of times? 5 Union Metal, general manager? 6 a. Yes. A. No. Q. Just created an environment of 7 Q. Thattakes us to about '93? 8 A. I can't remember the exact dates -- instability? A. Correct. 9 Q. Sure, to a. -- but... Q. Okay. And how was it that you were able 11 Q. Okay. Where did you go from there? to obtain employment at Sterling Technologies? 12 A. From there I went to Custom Frames A. An attorney friend of mine knew that they 13 Corporation. needed a manager and arranged an introduction. 14 Q. Where was that? Q. Where were you working at at Alliance 15 A. Tullahoma, Tennessee. Wall, what location was that? 16 Q. Did you actively seek out employment at A. Okmulgee, Oklahoma. 17 cities with strange names? Q. Okmulgee. And where was Sterling 18 A. No. Technologies? 19 Q. What was your title at Custom Frames? A. Tulsa, Oklahoma. 20 A. I was the general manager. Q. How long did you retain employment at 21 Q. How did you obtain employment at Custom Sterling Technologies? 22 Frames, sir? A. Three years. 23 A. The Union Metal plant closed when four SL And your title during that tenure?______________ 24 plants were consolidated into one, so I was seeking__ Page 30 Page 32 1 A. Was the general manager. 1 employment and again a search firm found me. 2 Q. This would take us to about '89 or '90? 2 Q. How long did you stay at Custom Frames? 3 A. Somewhere in that vicinity. 3 A. About two years. 4 Q. Where did you go from there, sir? 4 Q. This takes us to the mid '90s? 5 A. To Union Metal Corporation. 5 A. Correct. 6 Q. What did Union Metal do? 6 Q. Where did you go from there, sir? 7 A. Union Metal made light poles. 7 A. Came here to Accurate Partitions. 8 Q. Like street lights or residential -- 8 Q. Have you retained permanent employment 9 A. Street lights, traffic lights, stadium 9 with Accurate since '95? 10 lights. 10 A. Since about, yes. 11 Q. Where were they located? 11 Q. You haven't had employment elsewhere 12 A. Muskogee, Oklahoma. 12 since coming to work here at Accurate? 13 Q. I would ask you some follow-up questions 13 A. No, I have not. 14 on that, but we'll do it off the-record. 14 Q. Have you always worked in McCook? 15 What was your title there, sir? 15 A. Yes. 16 A. General manager. 16 Q. At the facility we're in today? 17 Q. How long did you retain that position? 17 A. That's correct. 18 A. About three years. 18 Q. And your initial title, sir? 19 Q. Again Mr. Liggett, the purpose of leaving 19 A. Was general manager. 20 Sterling? 20 Q. And title today? 21 A. The company closed. 21 A. Is general manager. 22 Q. Was that a bankruptcy or just sellout? 22 Q. Responsibilities? 23 A. No. There was a sale and the previous 23 A. Total responsibility for the sales, 2. owner and the new owner got into a legal dispute______ 2L. manufacture of toilet partitions------------------ BENUSKA REPORTING Page 29 - Page 32 (630) 834-7828 T William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 33 Page 35 1 Q. By that we are talking about if you go to 2 a restroom in a public facility there may be these 3 metal partitions between the various facilities in 4 the restroom, that's the type of stuff you guys ; 1 manufacturing anything that contained asbestos? 2 A. Not to the best of my knowledge. 3 Q. You did work at Ford assembling Econoline 4 trucks? 5 make here? 6 A. That's the type of stuff we make. 7 Q. Anything else you all make here? 8 A. We make those same partitions out of 9 stainless steel, solid plastic phenolic, and 10 plastic laminate. 11 Q. Do you make anything else other than 5 A. That's correct. 6 Q. And this would have been in the '70s as 7 well, correct? 8 A. That's correct. 9 Q. Actually was that '73? 10 A. I'll change my answer. The brakes on the 11 trucks. 12 partitions? 13 A. No, we don't. 14 Q. Is this the only manufacturing facility 15 for your company? 16 A. No, it is not. 17 Q. Where are your other manufacturing 12 Q. I was going to ask about the brakes on 13 the trucks, if you were involved in the part of the 14 assembly process that involved application of the 15 brakes, linings or clutches in any of those 16 vehicles? 17 A. No, I was not. 18 facilities? 19 A. We share one in Toccoa, Georgia. 20 Q. Who do you report to, sir? 21 A. I report to the owner. 22 Q. His name or her name? 23 A. Peter Rolla. ?4 Q Spelling? 18 Q. What part of the assembly line did you 19 work on, or supervise? 20 A. I worked in the department called Trim. 21 Q. Is that exterior trim? 22 A. No. That's primarily the interior seats, 23 headlinings, dashboards, instrument panels. 24 Q. So by the time these vehicles reached___________ Page 34 Page 36 1 A. R-o-l-l-a. 1 your division in the assembly process all the 2 Q. Is he actively involved in operations of 2 frame, engines, transmissions, those components 3 the company as well? 4 A. Yes, he is. 3 were all fully assembled? 4 A. There was four major departments. There 5 Q. Is this a privately-owned facility? 6 A. Yes, it is. 7 Q. Is it owned by him individually or a 8 family or trust, or do you know? 9 A. It is owned by him, his sister and 10 father. 5 was the Chassis, there was the Body, there was the 6 Paint and the Trim. It started in Body, went to 7 Paint, then to Trim, and Chassis was the final 8 department before it left the factory. 9 Q. During your time at Ford Motor was there 10 any involvement with you and any of the other 11 Q. And that takes us current? 11 management folks concerning the brake shoes or 12 A. That's correct. 12 clutches in any of those vehicles? 13 Q. Do you have any other plans at this time 13 A. No, there was not. 14 employment-wise? 14 Q. Did you have an understanding as to 15 a. No, I don't. 15 whether or not the vehicles at that time were still 16 Q. Mr. Liggett, I'm going to go back and ask 16 containing brake shoes and clutches that had 17 you a number of questions regarding one area of 17 asbestos as one of the ingredients, so to speak, in 18 your employment, and it's going to be concerning 18 those products? 19 your years at Maremont and in turn Nutum. But 20 before I do that I want to ask you just briefly 19 A. At that time I was right out of college. 20 It was my first job and I did not concern myself 21 about the other places of employment from a generic 21 with the composition of the brakes. 22 standpoint. 22 Q. Do you recall during your time at Ford 23 First, at any of these other companies 23 Motor whether or not there were ever discussions 2. that you worked at were any of them involved in______ 24_ with management people at the facility and any of-------- BENUSKA REPORTING Page 33 - Page 36 (630) 834-7828 Wiliam Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8rl5-( I *! Page 37 Page > 1 the folks that were working in the assembly 1 have been the years approximately 1973 until you j 2 processes about the fact that some parts of the car 2 left Nutum, which was '81? 3 contained parts made out of asbestos? 3 MR. CANONI: You mean his personal knowledge? 4 A. I don't recall any conversations like 4 BY MR. COON: 5 that. 5 Q. First the years you worked at Maremont 6 Q. Did you know whether or not there were 6 was '73 to '77, correct? 7 OEM accounts for the acquisition of the brakes and 7 A. Correct. 8 clutches? 8 Q. And then Nutum acquired Maremont, 9 A. Can you explain that question? 9 correct? 10 Q. Yes, sir. Did you know whether or not 10 A. Correct. 11 Ford manufactured their own brakes and clutches or 11 Q. Or those parts that were relevant to your 12 if they were acquired from other manufacturers for 12 occupation? 13 assembly at their facility? 13 A. That's correct. 14 A. I would have not had knowledge of that. 14 Q. And so from 'll to '81 - 15 Q. Any of the other places that you worked 15 A. That's correct. 16 at that made products that may have contained 16 Q. -- that would be the time frame you were 17 asbestos? 17 employed with Nutum? 18 A. Again none that I can recall. 18 A. Yes, it would. 19 Q. When you worked for the U.S. government 19 Q. After you left Nutum did you have any 20 at -- for the U.S. Air Force, were you personally 20 involvement with that facility -- any of their 21 involved in the maintenance of the air fleet? 21 facilities? 22 A. I was personally involved in supervising 22 A. No, I did not. 23 the maintenance of aircraft. 23 Q. You were never brought back in to consult 24 O. Did vou ever do anv of the mechanic work 24 on any kind of matters or make any type of___________ Page 38 Page 40 l yourself? l executive decisions or consult with Nutum? 2 A. No, I did not. 2 A. I don't believe I was. 3 Q. Do you know anything about the airplanes 3 Q. And the same question with respect to 4 with respect to whether or not they contain 4 when you were at Nutum as it related to Maremont, 5 asbestos materials in the wheel housings or drums 5 did you ever go back and do anything for Maremont 6 or any of the other components? 6 with respect to consulting, supervising, 7 A. No, I don't. 7 contracting with them after your departure in '77? 8 Q. We've gone through a long chronology, 8 MR. CANONI: Other than his purpose for 9 Mr. Liggett. I'm trying to go off my notes. When 9 today? 10 you got out of the Air Force that was around '70, 10 BY MR. COON: 11 correct? ll Q. Yeah. 12 A. Correct. 12 A. I'm not sure how I would draw the line. 13 Q. And your first employment after that, was 13 I continued in the same job. I didn't go back and 14 that Maremont? 14 do any separate consulting for Maremont that I'm 15 MS. BLA2EK: Procter & Gamble. 15 aware of. 16 BY MR. COON: 16 Q. Okay. Let's talk about, really focus in 17 Q. It was Procter & Gamble for two or three 17 on your years of employment at Maremont and 18 years? 18 Nutum. You were the operations manager at the 19 A. Procter & Gamble. 19 Nashville, Tennessee, facility, is that correct? 20 Q. Until about '73 and then you went to 20 A. That's correct. 21 Maremont, correct? 21 Q. Was that your initial position there? 22 A. That's correct. 22 A. Yes, it was. 23 Q. So the years that you would have known 23 Q. Was that a Monday to Friday type job? 24 about the activities of Maremont and Nntnm would BENUSKA REPORTING (630) 834-7828 24 A Yes, it was__________________________________ . Page 37 - Page 40 William Cotton vs. A.P. GreenMulti-PageTM p Page 41 _________________ Carl Liggett, 8-15-02 Page 43 1 Q. Was this a union facility? 1 A. Yes, I did. 2 A. No, it was not. 3 Q. What did Maremont manufacture? 2 Q. Purposes generally? 3 A. Might be a conference on something like 4 A. Are you referring to that facility? . 4 personnel or purchasing. 5 Q. Yes, sir. Maybe I need to enlarge it. 5 Q. To your knowledge was asbestos used in 6 First at that facility. 6 the assembly of any of the shock absorbers? 7 A. Well, they didn't manufacture anything at 7 A. Not to my knowledge. 8 that facility. They assembled brake shoes. 9 Q. When you went to work at Maremont in 1973 8 Q. Let's talk next about exhaust systems. 9 Where were the exhaust system manufacturing 10 do you know how many different facilities they 10 facilities? 11 had? 11 A. There was one in Loudon, Tennessee. 12 MR. CANONI: For friction products? 12 That's the only facility I can think of right now. 13 BY MR. COON: 13 Q. Did they have particular trade names for 14 Q. For anything. 14 the exhaust system products? 15 A. I'm sure I couldn't name all of them. I 15 A. Cherry Bomb was one. 16 could tell you some of them. 16 Q. Were these customized muffler systems for 17 Q. Let me break that down for you. Where 17 aftermarket application? 18 was, to your knowledge, the parent headquarters of 18 A. I believe all of their mufflers were for 19 Maremont in '73? 19 aftermarket applications. 20 A. In Chicago. 20 Q. Were they involved in the manufacture of 21 Q. Any idea of the number of employees that 21 headers, things like that, performance, enhanced 22 Maremont retained in 1973? 22 performance type equipment? 23 A. No, I don't. 23 A. Not to my knowledge. 24 O. What was vour understanding of what 24 O. To vour knowledge did anv of the exhaust Page 42 Page 44 1 business activities Maremont was engaged in at that l system products that Maremont made comprise 2 time? 2 asbestos? 3 A. It's my understanding that they made 3 A. Not to my knowledge when I worked there. 4 shock absorbers, exhaust systems, friction 4 Q. Would these be the years '73 to '77? 5 products, and machine guns. 5 A. Correct. 6 Q. Anything else? 6 Q. Do you have an understanding that some of 7 A. Not that I can think of right now. 7 their exhaust systems contained asbestos at times 8 Q. Let me ask you about each of those. 8 prior to your employment? 9 Shock absorbers, were these for vehicles? 9 A. No, I did not. 10 A. Yes, they were. 10 Q. After your employment? 11 Q. Where were they manufactured? 11 MR. CANONI: Do you mean does he know whether 12 A. Pulaski, Tennessee. I think they made 12 they contained asbestos after he left, or after he 13 some in Maine. 13 left did he know whether they contained asbestos? 14 Q. Do you know what brand names these were 14 BY MR. COON: 15 sold under? 15 Q. Either way. Basically the way you 16 A. Some of the brand names I think were 16 answered the first question made me believe that 17 Gabriel was the main brand name. 17 there might have been a time that you were aware 18 Q. Yes, sir. Any others you recall? 18 that they did manufacture some exhaust systems with 19 A. Not that I can recall right now. 19 asbestos either before or after your employment. 20 Q. Did you have any involvement in the 20 A. I do believe at some time they did have 21 operations of any of these shock absorber 21 some asbestos-containing products in some of their 22 facilities at any time? 22 mufflers. 23 A. No, I did not. 23 Q. Do you have any idea of what years those 2A_____Q. Did yon ever go to those plants?_________________ 24 would have entailed?------------------------------------------------- BENUSKA REPORTING Page 41 - Page 44 (630) 834-7828 William Cotton vs. A.P. Green Multi-Page TM Carl Liggett, 8--15- '"2 Page 45 Page 7 1 A. No, I don't. ! 1 Q. And real briefly for the edification of 2 Q. Do you have any idea if they were years 3 before you went to work there versus after you left 2 jurors that would not be familiar with those type 3 of products, could you describe very briefly what 4 there? 5 A. I don't know that. 6 Q. Do you know what part of the muffler 4 each one of those does. 5 A. On vehicles that have drum brakes you 6 have a shoe. On that shoe is mounted a lining. 7 system would have comprised any asbestos? 7 The lining is what rubs against the drum to stop 8 A. It probably would have been a piece of 9 the muffler. 10 Q. With respect to -- let me backup real 11 briefly. The shock absorbers, were those all 12 aftermarket? 13 A. To the best of my knowledge they were. 8 the vehicle. 9 Disc brake pads you have a steel backing 10 plate that has a friction pad fastened to it that 11 rubs against the rotor to stop a disc brake car. 12 A clutch facing would be a component in a 13 manual transmission car. The clutch facing would 14 Q. And by aftermarket we are talking about 14 be assembled to a backing plate and provides the 15 products that were not sold directly to the 15 friction when you engage the clutch. 16 manufacturers of vehicles, for instance Ford, but 16 Truck block is very similar to a drum 17 ones that would be distributed to the retail market 18 to sell to individual customers for replacement on 17 brake except on trucks their brakes are so big that 18 they might have two or more separate pieces of 19 original equipment? 19 block fastened to this big shoe that goes into the 20 A. That's correct. 20 brake assembly, and that shoe would rub against a 21 Q. Let's next talk briefly about machine 21 big drum providing the stopping power for a truck. 22 guns. 22 Q. And with respect to each of those 23 A. Okay. 23 products that were manufactured at the Paulding, 24 O. Where was the manufacturing facility for_______ 24 Ohio, facility, were those OEM accounts or________ Page 46 Page 48 1 machine guns? 1 aftermarket or both? 2 A. Saco Lowell Manufacturing in Maine. 2 A. To the best of my knowledge they were all 3 Q. Were these all for military application? 4 A. Yes, they were. 3 aftermarket products. 4 Q. So to your knowledge none of those 5 Q. Were these all government contracts? 5 products from the Paulding, Ohio, facility were 6 A. Yes, they were. 6 sold directly to the manufacturers of automobiles 7 Q. Do you know what type of machine guns 7 for use in their original assembly of vehicles? 8 were manufactured there? 8 A. That is correct. 9 A. No, I don't. 9 Q. How did each of these products that were 10 Q. Again to your knowledge the use of any 10 manufactured at the Paulding, Ohio, facility reach 11 asbestos in the assembly of any of the machine 12 guns? 11 the end users? 12 Was there a distribution system? 13 A. I wouldn't have had any knowledge of 13 A. There were a variety of distribution 14 that. 14 systems. - 15 Q. Next friction products. By friction 15 Q. Was there a difference in the 16 products what are you talking about? 16 distribution system between the Paulding, Ohio, 17 A. Paulding, Ohio, and Nashville, Tennessee. 17 facility and the Nashville, Tennessee, facility? 18 Q. These were the same two facilities that 18 A. Yes, there were. 19 you were the general manager of? 19 Q. In light of that we'll ask about each one 20 A. That's correct. 20 of them separately then. Let's first talk about 21 Q. What was manufactured at the Paulding, 21 the Paulding, Ohio, facility. Do you know how long 22 Ohio, facility? 22 it had been manufacturing these products you just 23 A. Paulding manufactured drum brake linings, 24 disc hrake pads, dutch facings, and truck block BENUSKA REPORTING (630) 834-7828 23 described? 24 A T believe they started - as Maremont or---------------- Page 45 - Page 48 William Cotton vs. A.P. Green__________ Multi-PageTM;Carl Liggett, 8-15-02 Page 49 Page 51 1 as anything? 2 Q. As anything. 3 A. Probably started in the 1930s. 4 Q. I tell you what, if you don't mind, ; 1 BY MR. COON: 2 Q. Not necessarily with the transaction, but 3 eventually the facilities in California relocated 4 to Paulding, is that correct? 5 Mr. Liggett, let's backup briefly with respect to 6 Maremont. We did not discuss the corporate 5 A. That's my understanding. 6 Q. And this was something that occurred 7 history. 8 Do you know anything about when Maremont 9 originally was created and circumstances of its 10 origination? 11 A. No, I don't. 12 Q. Do you know what state it was originally 13 founded or anything about the founding members of 14 that company? 15 A. No, I don't. 16 Q. You did have an understanding that the 7 after Maremont acquired the Grizzly product line? 8 MR. CANONI: Objection as to form. 9 BY MR. COON: 10 Q. If you know. 11 A. To the best of my knowledge Grizzly moved 12 from California to Ohio before Maremont had 13 anything to do with it. 14 Q. Do you know the purpose of Grizzly's 15 relocation to Ohio? 16 A. I've only heard anecdotal stories. 17 Paulding facility had been opened since the '30s? 17 Q. What were they briefly? 18 A. The Paulding facility I believe at least 18 A. That the owner of Grizzly enjoyed 19 since the '50s. 19 pheasant hunting, that the pheasant hunting was 20 Q. But you thought there was a facility 20 great in Paulding, Ohio, and so he made friends 21 involved in the manufacture of these products 21 there and relocated his factory. 22 predating the '50s? 22 Q. He must really like pheasant hunting. 23 A. Yes. 23 Is the pheasant hunting really that good? ?4 o. Where would that facility have been? 24 A. I'm not a pheasant hunter. Page 50 Page 52 1 A. California. 1 Q. So we've got Grizzly the best you know 2 Q. And did that facility go back to the 2 relocated in Paulding, Ohio, at the time Maremont 3 '30s? 3 acquired it? 4 A. I think so. 5 Q. Was that also a Maremont or a predecessor 6 to Maremont? 7 A. That was a predecessor. 8 Q. Was that Grizzly? 9 A. The original may have preceded even 10 Grizzly. 4 A. That's correct. 5 Q. And what was the distribution system for 6 these products out of the Paulding, Ohio, facility? 7 A. The drum brake linings and disc pads were 8 primarily sold to brake rebuilders. 9 Q. What do we mean by that? 10 A. These are people that will take old brake 11 Q. Do you know what the original's name 12 might have been? 11 shoes, remove the old lining and take a new piece 12 of friction material similar to what the Paulding, 13 A. No, I don't. 13 Ohio, plant manufactured. 14 Q. So there may have been some company out 14 They would cleanup the old shoe, paint 15 there that Grizzly acquired, but for whatever 15 it, assemble a new friction surface to it and sell 16 purposes you know Grizzly was in business at least 16 that to a warehouse distributor who would sell that 17 before the '50s and Maremont acquired Grizzly? 17 to a jobber which would sell that to an auto parts 18 A. That's my understanding. 18 store where the do-it-yourself mechanic or gas 19 Q. And that's, I take it, when the 19 stations, et cetera, could go buy rebuilt brake 20 California location was closed and transferred to 20 shoes. 21 Paulding, Ohio? 21 Q. I take it the purpose of selling rebuilt 22 A. That's correct. 22 brake shoes was that the cost was less than the 23 MR. CANONI: Wait. Do you mean as part of the 23 acquisition of a brand new brake shoe? 2A- transaction with Maremont?_____________________ __ 2L. BENUSKA REPORTING (630) 834-7828 A. It's cheaper to clean up an old hrake------------------- Page 49 - Page 52 T William Cotton vs. A.P. Green Multi-Page1 Carl Liggett, 8rl5- l Page 53 Page 1 shoe and paint it than it is to buy a new one, similarly for the disc pads? 2 that's correct. 3 Q. And basically you can take an old brake 4 shoe where it may have rusted up a little bit or A. Yes, it did. Q. And these would be for cars that had what they call power disc brakes? 5 just have a little bit of wear and tear and it has A. They wouldn't have to be power disc 6 a worn out pad or shoe on it, and you can just take brakes, they would just have to be disc brakes. 7 it in, clean it up, put new shoes on it and it will Q. And then you also talked about clutch 8 essentially do about as good as a new one? facings. These would be for vehicles that are 9 MR. CANONI: objection as to form. You said manual? 10 shoe. I think you mean lining. 11 BY MR. COON: A. Manual transmissions. Q. And how did the distribution system work 12 Q. Or lining. for those products? 13 A. That's essentially correct. A. It was very similar but there were a much 14 Q. Now the shoe is the metal part? smaller number of companies that rebuilt clutches 15 A. That's correct. so they had a very small number of customers that 16 Q. And then the lining is what I call pads, they sold clutch facings to. 17 but it's a misnomer probably. But the lining is Q. Okay. And truck blocks. 18 the part that's comprised of asbestos? A. The people that rebuilt passenger car 19 A. It's called the friction material. brakes are not the same people that rebuild truck 20 Q. Were there major acquirers of the product brakes. 21 lines, the rebuilding companies that you dealt Q. And when we talk about trucks are we 22 with? talking about passenger trucks or are we talking 23 A. Say that questionagain please. about commercial vehicles? 24 O. Yes, sir. Were there certain major__________ A. We're talking about primarily big trucks. Page 54 Page 56 1 customers that you were involved with in the 1 be they 18 wheelers or dump trucks or buses or 2 rebuilding kits? 2 anything large. 3 A. There were many small rebuilders. 3 Q. Typically like Peterbilts, Macks, things 4 Q. Were they scattered all over the United 4 like that? 5 States? 5 A. That's correct. 6 A. Yes, they were. 6 Q. Again with respect to truck blocks, were 7 Q. Did Maremont keep a list of all of their 7 any of the products manufactured at the Paulding 8 customers? 8 facility sold as original equipment to any of the 9 A. I'm sure they did. 9 truck manufacturers? 10 Q. Like a Rolodex? 10 A. Not to the best of my knowledge. 11 Was there any kind of master list, a 11 Q. Again predominantly aftermarket? 12 phone book list, or anything like that? 12 A. Through what are called heavy duty 13 A. I'm sure there was. 13 rebuilders. 14 Q. Would you know anything about that, or 14 Q. Okay. Could you briefly give us some 15 would that be something other departments would 15 kind of idea of how -- I'm just trying to get a 16 know more about, like sales and marketing? 16 mental picture of the Paulding facility and what's 17 A. Certainly sales and marketing would know 17 going through the manufacturing process and how 18 more about that than I would. 18 everything ends up at the rebuilding facilities. 19 Q. And what else do we have on the 19 Could you just kind of walk us through 20 distribution system? We talked about the brakes, 20 what would be typically going on at the Paulding, 21 these are the drum brakes. You described the 21 Ohio, facility. 22 distribution system for those, correct? 22 A. Raw materials would be purchased. 23 A. Right. 23 Q. What type of raw materials would you 2A------ O. Did the distribution system work very BENUSKA REPORTING (630) 834-7828 24 need?__________________________________________________ Page 53 - Page 56 T William Cotton vs. A.P. Green Multi-Page TM Carl Liggett, 8-15-02 Page 57 Page 59 1 A. Asbestos. 1 auto parts supply house or whatever and get a 2 Q. Anything else? . 3 A. Resins and friction modifiers. 4 Q. What do you mean by friction modifiers? 2 remanufactured set of brake shoes, for instance, 3 for their vehicle? 4 A. Or it could be a gas station that would 5 A. When you put on the brakes you don't want 6 your car to just absolutely lockup and skid to a 5 go buy those and put it on for an individual that 6 dropped his car off at a gas station for a brake 7 stop so you want there to be a combination between 8 stopping and not stopping. When you go through 7 job. 8 Q. Sure. And what you're basically talking 9 water you don't want to lose your friction. 9 about is you have vehicles that are bought new and 10 As you go down steep mountains you don't 10 over the time of using brakes to stop, the brakes 11 want your brakes to overheat and lose their 11 wear out, correct? 12 friction. 12 A. Correct. 13 So these different modifiers give you 13 Q. And eventually you have to get the brakes 14 uniform braking characteristics over a wide range 14 replaced? 15 of operating parameters. 15 A. That's correct. 16 Q. Okay. In the sale of the friction -- you 16 Q. And in doing that you don't need to go 17 call it the friction material. In the sale of a 17 buy all brand new stuff, instead you can buy the 18 friction material to these rebuilders for drum 18 parts that have just been rebuilt to replace the 19 brakes, what would be the part or parts that the 19 parts that have worn out, which were typically the 20 Paulding, Ohio, facility would sell? 20 traction material parts? 21 A. Say that question again. 21 A. That's a fair statement. 22 Q. Yes, sir. I want to walk through each of 22 Q. Okay. Now, with respect to the drum 23 the four product lines you told us about. As I 23 brakes, the Paulding facility made what was called 24 understand the Paulding facility was predominantly____ 24 the lining?______________________________ :____________ Page 58 Page 60 1 involved in the manufacturing of the friction 1 A. Brake lining. 2 material that went to the rebuilders to use to 2 Q. And this is a part that went over the 3 remanufacture the drum brakes and disc pads, et 3 shoe that when you mash on the brake pedal it 4 cetera, correct? 4 pushes the hydraulic fluid into compression and 5 A. That's correct. 5 pushes the shoe up against the drum? 6 Q. The Paulding facility did not actually 6 A. Correct. 7 manufacture, for instance, the drum brake? 7 Q. And that's what stops the car? 8 A. No, they did not. 8 A. That's correct. 9 Q. And that involved the shoe, the metal 9 Q. And in making this you needed asbestos, 10 parts, things like that, springs? 10 resins and friction modifiers? 11 A. That's correct. 11 A. That's correct. 12 Q. What the Paulding facility manufactures 12 Q. Where did the asbestos come from? 13 was just one of the parts, that part being the 13 A. There are asbestos manufacturers that 14 friction material that went on the disc pad kits or 14 produce that for sale. 15 the drum brake kits? 15 Q. How would it be supplied to the Paulding, 16 A. That's correct. 16 Ohio, facility? 17 Q. And then the Paulding facility in turn 17 A. Typically in 50 pound bales. 18 sold those individual parts to the rebuilding 18 Q. And this would just be the raw asbestos? 19 companies that put together the kits and then sold 19 A. Yes, it would. 20 them through their own distribution systems to 20 Q. Were there specifications with respect to 21 eventually reach an end user? 21 the quality of the asbestos that was used for the 22 A. That's correct. 22 friction material? 23 Q. And typically in that environment the end 23 A. There were different grades of asbestos 24 user would he somehody that would come in tn an BENUSKA REPORTING (630) 834-7828 24 that had different friction properties and a______ Page 57 - Page 60 T William Cotton vs. A.P. Green Multi-PageTM . V Carl Liggett, &-15- 2 i---------------- - -- --------------------------- - -------------------------------------------------------------- 1--j- Page 61 Page J 1 formula would have one or more grades in it. 1 Q. Do you know which asbestos mines Maremont j 2 Q. With respect to the friction material 3 that was used for the drum brakes, the lining, were 4 there different types of asbestos grades that were 2 acquired the asbestos for the friction material? 3 A. I think I know some. 4 Q. Yes, sir. Any names would help. 5 used for different customer demands? 6 A. Yes. 5 A. Vermont Asbestos Group, Thetford Mines. 6 Q. Thetford, is that T-h-e-t? 7 Q. Could you briefly go through why you have 8 different types of grades, what kind of purposes 7 A. T-h-e-t-f-o-r-d. 8 Q. Did you have an understanding if that was 9 that would involve? 10 A. There are a variety of grades of brake 9 a mine owned by Johns Manville? 10 A. I don't recall. 11 linings. Some will last a lot longer than others. 12 Q. So one of the reasons would be 11 Q. Any others? 12 A. Quebec. 13 durability? 14 A. Durability. 13 Q. Q-u-e-b-e-c, as in Quebec, Canada? 14 a. Right. 15 Q. Okay. 16 A. Performance would be a second, and 15 Q. Right? 16 A. And Johns Manville. 17 vehicle application would be a third. 17 Q. Do you recall the acquisition of any 18 Q. And I take it that within each of these 18 asbestos in the fiber form from a company called 19 there would be different cost variables? 19 Raybestos Manhatten? 20 A. That's correct. 20 A. I don't recall that. 21 Q. So you could buy an inexpensive brake 21 Q. From a company called Union Carbide or 22 shoe that had a friction material that may not hold 22 Colidgria? 23 up as long or last as long as some that were 23 A. I don't recall that. ?4 manufactured that mav last longer? 24 Page 62 O. From a company called AC&L?__________________ Page 64 1 A. That is correct. 1 A. Say that again. 2 Q. And then some of them were higher 2 Q. AC&L. 3 performance, some of them were lower performance? 3 A. No, I don't. 4 A. That's correct. 4 Q. Did Maremont keep records of where they 5 Q. Would that be based more on the type of 5 were acquiring their asbestos? 6 car that they went on, for instance a sports car 6 A. They certainly did at the time with 7 that had higher performance characteristics, or 7 purchase orders and payables. 8 were a lot of these higher versus lower performance 8 Q. Do you know if there was a repository 9 brake friction materials applicable to the same 9 that Maremont kept as a central location for all of 10 vehicles? 10 their billing and sales and raw material 11 A. A lot was applicable to the same vehicle. 11 acquisitions? 12 and that's why I said vehicle application would be 12 A. I'm not sure I understand the question. 13 the third, where a large car needs different brakes 13 Q. Sure. Since you had multiple facilities 14 than a small car, or a sports car needs more than a 14 was there a central location for warehousing that 15 family sedan. 15 type of record keeping information in terms of 16 Q. Do you know where the 50 pound bales of 16 distribution of products, sales of products, the 17 asbestos were provided to the Paulding, Ohio, 17 cost and source of acquisition of raw materials, 18 facility from? 18 like the invoices - 19 A. They bought from a variety of sources 19 A. Well, if there was any - 20 over time. 20 Q. - bills of lading? 21 Q. Did they buy from the actual manufacturer 21 A. -- purchasing activity that would have 22 or was there a distributor involved? 22 all been done in Paulding if you are referring to 23 A. Typically they would buy from the 23 the purchase of asbestos. ?4 ashestos mine_______________________________________ 24L Q Okay, Within these facilities most of----------------- BENUSKA REPORTING Page 61 - Page 64 (630) 834-7828 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 65 Page 67 1 the documentation would have stayed at that ! 1 again was a friction material part for the clutch 2 facility, not been transferred to a central 2 facings? 3 repository or central location? 3 A. Again Paulding only produced the clutch 4 A. There was no central repository that I'm 4 facings, they did not do any assembly. 5 aware of. 5 Q. And what was the finished product that 6 Q. Okay. Was there an engineering 6 came out of there? 7 department at the Paulding facility, or other 7 What was the clutch facing, what did that 8 facilities for that matter, that determined the 8 look like? 9 specifications of asbestos grades for the various 9 A. A clutch facing for broad generalization 10 friction material products? 10 looked like a Frisbee. It was perhaps a 12 inch 11 A. Help me understand that. 11 diameter disc that was about two inches wide and a 12 Q. Yes, sir. Did Maremont have their own 12 quarter of an inch thick. So it looked like a big 13 engineering department or research department that 13 doughnut. 14 would determine what particular characteristics 14 Q. And was this again very similar to the 15 they needed from the asbestos fibers to determine 15 brake linings you described awhile ago in terms of 16 what grade to use in the assembly of the - in the 16 its composition, which was asbestos resins and 17 manufacturing of the various friction material 17 friction modifiers? 18 products that were made at the Paulding facility? 18 A. And it had the brass wire. 19 A. From my personal knowledge they had an 19 Q. The brass wire. What was the purpose of 20 engineering department that only tested whether the 20 the brass wire? 21 products were meeting the performance 21 A. I can't answer that. 22 characteristics. They had existing formulas, they 22 Q. Do you know what the asbestos composition 23 continued to use those formulas, they did not 23 typically was of the friction materials that were 24 develop anv new products or new formulas to mv 24 manufactured at the Paulding facility?________________ Page 66 Page 68 1 knowledge. 1 A. It would be my estimation that they 2 Q. Okay. Do you know who devised the 2 ranged from 30 to 50 percent. 3 formulas that were used at that facility? 3 Q. Do you know if there were particular 4 A. No. They had been in existence way 4 types of asbestos fibers that were used more than 5 before I knew of it. 5 others? 6 Q. Okay. The engineering department, was 6 A. Yes, there were. 7 that located at the Paulding facility? 7 Q. And what were those, sir? 8 A. Yes, it was. 8 A. I don't remember all of the grades. I 9 Q. What was the name of that facility? Was 9 just know that there were some common grades that 10 it called the Paulding facility? 10 were used frequently in a variety of the products. 11 A. Paulding facility. 11 Q. Okay. Do you know whether or not the 12 Q. And Mr. Liggett, the facility's name that 12 grades of asbestos reflected the asbestos fibers 13 provided the raw asbestos material for the friction 13 being a different type of fiber or just a different 14 materials that we were just talking about, were 14 quality of fiber, or do you know the difference? 15 they the same ones that provided the raw asbestos 15 A. I believe it was primarily the length of 16 for all the friction materials that were used at 16 the fiber. 17 that facility? 17 Q. Do you know whether or not there were 18 A. There was one other company called Amatex 18 certain types of asbestos fibers that were used 19 that produced an asbestos yam wound around a brass 20 core that was used in the clutch facings. 21 MR. COON: Is anybody here for Amatex today? 22 BY MR. COON: 23 Q. Mr. Liggett, what was involved in the 24 assemhly of the part of the product which 1 take it BENUSKA REPORTING (630) 834-7828 19 more than others? 20 A. Well, there was only one type of asbestos 21 that was used in all friction materials at 22 Paulding. 23 Q. Was that the chrysotile? 24 A Yes, it was____________________________________ Page 65 - Page 68 William Cotton vs. A.P. Green Multi-Page TM Carl Liggett, 8--15- l Page 69 Page 1 Q. What were the reasons why chrysotile was 1 BY MR. COON: 2 used as the asbestos fiber type as opposed to some 2 Q. Or did I misstate your testimony? 3 of the other fiber types? 4 A. To the best of my knowledge that was used 3 A. Heavy duty drum brakes. 4 Q. Okay. But not pads? 5 because its performance characteristics were most 5 A. Not pads. 6 suitable for friction materials. 6 Q. Did any of the larger equipment at that 7 Q. Let's next talk about the Nashville 7 time have disc pads? 8 facility. What was manufactured there? 8 A. Not to my knowledge. 9 A. There was no manufacturing that occurred 9 Q. So there really wasn't a market for that? 10 at Nashville, there was assembly. Some of the 10 A. That's correct. 11 brake linings and disc pads that Paulding produced 11 Q. And this was all new equipment? 12 instead of going to brake rebuilders went to Allied 12 A. Yes, it was. 13 Drive in Nashville. 13 Q. Were there OEM accounts for that or was 14 Q. Allied Drive being the location? 14 that all also aftermarket? 15 A. Allied Drive being the location and the 15 A. That was all aftermarket. 16 name of that facility. 16 Q. So basically a customer could have an 17 Q. So the Paulding facility was in Paulding, 17 option of going into a parts house and buying a new 18 Ohio, was just referenced as the Paulding facility, 18 kit or a rebuilt kit? 19 correct? 19 A. No, that's not correct. 20 A. That's correct. 20 Q. Okay. What would be -- clarify for us 21 Q. The Nashville facility was referenced by 21 why you would have a Nashville facility that's 22 the street it was on? 22 making all new equipment and you have your other 23 A. That's correct. 23 facility making parts that were for rebuilt kits. 24 O. And that was Allied Drive?_____________________ 24 __A-The.Nashvillg facility had primarily-Qne______ Page 70 Page 72 1 A. That's correct. 1 customer, Sears, and Sears wanted to offer a better 2 Q. And this was mostly an assembly facility? 2 product than the rebuilt market offered. 3 A. That's correct. 3 Q. And when we're talking Sears we're 4 Q. And what wasassembled there? 4 talking about the Sears department stores? 5 A. Drum brakes and discpads. 5 A. That's correct. , 6 Q. And these were all rebuilt kits? 6 Q. And most of those had an automobile I 7 A. No. They were always put on new shoes 7 guess repair facility attached to them? 8 and new disc brake plates. 8 A. Auto Service Center. 9 Q. Any clutches or truck blocks there? 9 Q. You could go in and have routine repairs 10 A. There was a heavy duty distribution 10 made there like changing tires, brakes and 11 center there that shared the building with the 11 mufflers, things like that? 12 passenger car division and they assembled some 12 A. That's correct. 13 truck blocks there. 13 Q. To your knowledge did any of them ever 14 Q. Were any clutches assembled there? 14 operate paint and body shops as well? 15 A. No. 15 A. I would have no knowledge of that. 16 Q. Were any heavy duty clutch assemblies 16 Q. Okay. So I've got a better understanding 17 distributed there? 17 of what Maremont was doing we had the Paulding 18 A. Did you say heavy duty clutches? 18 facility that was basically involved in making the 19 Q. Yes, sir. 19 friction materials for mostly, or almost I guess 20 A. No. 20 exclusively the aftermarket companies that were 21 Q. But you did have the heavy duty 21 doing the rebuilt kits which were for the drum 22 distribution system for the drum brakes and disc 22 brakes, disc pads and the clutches and heavy 23 pads? 23 equipment blocks? 24 __ MR. CANONL- objection as to-form.___________ BENUSKA REPORTING (630) 834-7828 24 A Correct._______________________________________ Page 69 - Page 72 William Cotton vs. A.P. Green Multi-PageTMCarl Liggett, 8-15-02 Page 73 Page 75 1 Q. And then you had separately the Nashville 1 sell enough of them? 2 facility that really had two products, one was the 2 A. That's correct. 3 complete manufacture, assembly --1 guess complete 4 assembly of drum brakes and disc pads for Sears? 3 Q. Any idea who the suppliers would have 4 been for those customers? 5 A. Correct. 6 Q. And then separately at the Nashville 5 A. I think Lear Seigler was one. 6 Q. Where were they at? 7 facility you had a heavy duty distribution system 7 A. I don't recall. 8 for truck blocks? 8 Q. Anyone else? 9 A. Truck blocks and other related truck 9 A. That's the only one I can think of right 10 parts that were primarily metal only and had no 10 now. 11 friction material component. 11 Q. How do you spell that? 12 Q. Okay. And wherewere the distribution 12 A. L-e-a-r, capital S-e-i-g-l-e-r. I'm 13 systems set up for the heavy duty products that 13 guessing at that. 14 came out of the Nashville facility? 14 Q. Who were your other major competitors for 15 A. They were just sold to truck heavy duty 15 the manufacturing of the friction materials at the 16 parts rebuilders around the United States. 16 Paulding facility? 17 Q. So they went from the Nashville facility 17 A. I think that could have been Bendix, 18 directly to whoever wanted them? 18 Raybestos. That's all I can think of right now. 19 A. That's correct. 19 Q. Do you know what Maremont's market 20 Q. And as I understand it the Nashville 20 share was for the friction materials through the 21 facility there was no manufacturing taking place, 21 '70s? 22 it was all assembly? 22 MR. CANONI: objection as to form. 23 A. That's correct. 23 THE WITNESS: I would guess that it was less 24 O. And in the assembly of the drum brakes 24 than 5 percent. Page 74 Page 76 1 and disc pads at the Nashville facility the 1 BY MR. COON: 2 friction materials would have still come from the 2 Q. Who was the biggest player during that 3 Paulding facility? 3 time? 4 A. That's correct. 4 A. Bendix and Raybestos were both very 5 Q. Did the Nashville facility ever acquire 5 large. 6 any of its friction materials from other 6 Q. And with respect to the assembly facility 7 manufacturers? 7 with Sears, did Sears have other customers or other 8 A. They may have. 8 vendors for the assembled products? 9 Q. And what leads you to believe that they 9 A. Not for the brakes. Excuse me, Maremont 10 may have acquired some from other manufacturers? 10 I believe provided the majority. If they needed to 11 A. There were some applications, meaning 11 go outside and source something on their own, if 12 some vehicles that are not very popular that did 12 they were out of stock then they were free to go to 13 not justify the Paulding facility tooling up to 13 any jobber or parts store and get whatever else 14 produce those parts so they could have been sourced 14 they needed. 15 from other suppliers. 15 Q. How did the distribution system of the 16 Q. So I understand this would be cars that 16 assembled drum brakes and disc pads from the 17 just didn't have very much in terms of volume 17 Nashville facility get to the Sears facilities for 18 sales? 18 use and installation in cars? 19 A. That's correct. 19 A. Ask that again please. 20 Q. And it did not justify the cost of 20 Q. Yes, sir. You have the Nashville 21 setting up all the equipment to manufacture the 21 facility that is basically they have one customer, 22 replacement friction equipment or even the new 22 Sears, correct? 23 friction pads or the friction materials for the 23 A. Correct. 24 assemhlv of brake parts because von just didn't________ 24 BENUSKA REPORTING (630) 834-7828 Q And they are making all new drum brakes-----------Page 73 - Page 76 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15- - Page 77 Page 1 and disc pads using the friction materials from l The friction materials that were made 2 your Paulding facility, correct? 3 A. Right. 2 there, how would they end up being shipped to the 3 various customers? 4 Q. Once you put all of it together at the ' 5 Nashville facility how would it reach the various 6 Sears facilities to be installed in cars? 4 A. They would either go LTL or UPS. 5 Q. LTL being what? 6 A. Less than truckload by a common carrier. 7 A. Primarily Maremont would combine 7 Q. And would there be truckload customers? 8 shipments from their shock, exhaust and brake group 9 and deliver directly to the Sears store. 10 Q. Was there any warehousing of the 8 A. Not to my knowledge. 9 Q. So the vast majority of these shipments 10 would be for quantities smaller than a truckload? 11 assembled products? 11 A. That's correct. 12 A. I'm sure there was. 12 Q. So this distribution, was it outsourced 13 Q. Was warehousing all at the Nashville 14 facility on the premises there? 13 to UPS, et cetera? 14 A. Just call a truck line to deliver your 15 A. We did warehouse a considerable amount of 15 product. 16 brake systems or brake sets. I don't know what 16 Q. Were these purchases typically FBO? 17 other warehouse facilities Maremont had. 17 A. Most were FOB. 18 Q. Do you know if there were any off site 18 Q. Yeah, FOB. I've been to the FBO today so 19 warehousing of the assembled products made at the 19 I got it on my brain. 20 Nashville facility? 20 But this was all FOB shipments? 21 A. Not to my knowledge. 21 A. Correct. 22 Q. Do you know if there was any off site 22 Q. And with respect to the Sears 23 warehousing of the friction materials that were 23 distribution, how did that work? ?4 made at the Paulding facility? 24 Page 78 A. That was done primarilv bv contract Page 80 1 A. Not to my knowledge. 1 carriers. 2 Q. And as I understand there were no 2 Q. Who were the contract carriers? 3 distribution systems in place for either the 3 A. The primary contract carrier was Crete 4 friction materials or the assembly products in 4 Carrier Corporation. 5 terms of it was made at Nashville, then it was 5 Q. Is that C-r-e-t-e? 6 shipped to a distribution center operated by 6 A. Yes. 7 Maremont say on the West Coast or East Coast for 7 Q. Did you all have a contract with them? 8 eventual distribution from those hubs to the 8 A. Maremont did. 9 individual Sears stores? 9 Q. Would Crete ship the assembled kits to 10 A. I don't recall there being any. Whether 10 all the Sears stores as an exclusive provider? Let 11 at various times they might have had them for a 11 me reask that. 12 short period of time, I don't recall. 12 Would Crete come up to your facility and 13 Q. How would the process generally work? 13 just load it all up with the assembled kits and 14 Sears had stores all over America, correct? 14 just take them out and drop them off at all the 15 A. Correct. 15 different Sears stores that had deliveries? 16 Q. And did Maremont service all those stores 16 A. In a simplified fashion that's pretty 17 nationwide? 17 correct. 18 A. Yes, they did. 18 Q. How would the orders take place? If a 19 Q. And they also, I take it, serviced a 19 Sears store needed certain assembled kits, how 20 whole lot of these rebuilders national as well? 20 would that transfer from what they needed get to 21 A. That's correct. 21 your facility and then get the parts to them? 22 Q. For the friction materials that you all 22 A. Sears reported every day the parts they 23 were selling them. Let me talk first about the 23 sold, and that would generate automatic 24_ Paulding facility_____________________________________ 2L. replenishment orders in Maremont's computer_and-------- BENUSKA REPORTING Page 77 - Page 80 (630) 834-7828 T William Cotton vs. A.P. GreenMulti-PageTM Carl Liggett, 8-15-02 Page 81 Page 83 1 Maremont would then respond to that replenishment 1 they had the space to accommodate that. Most of 2 order and ship it out. 3 Q. How long had that relationship been in 4 existence? 5 A. I don't know. 6 MR. CANONI: The automatic replenishment? 2 Maremont's other manufacturing facilities were in 3 Tennessee, so by having the friction material 4 assembly for Sears in Tennessee they could combine 5 them with the trucks for the distribution. 6 Q. Did the Maremont facilities also ship to 7 BY MR. COON: 8 Q. Yeah, first the automatic replenishment. 7 Sears the shock absorbers and exhaust systems you 8 were telling us about earlier? 9 A. I don't know. 10 Q. How long had Maremont had a business 9 A. Yes. 10 Q. Did any of these go through a central 11 relationship with Sears like the one you described 12 at the Nashville facility? 11 distribution warehouse? 12 A. No, they did not. 13 A. I can't answer that. 14 Q. Do you know if it went back to the '60s? 13 MR. CANONI: You mean the Maremont 14 distribution warehouse? 15 A. I don't know. 16 Q. It was just something that was in place 15 BY MR. COON: 16 Q. Yeah. So if Sears needed shocks they had 17 when you arrived in '73? 18 A. That's correct. 17 to go to one facility, if they needed exhaust 18 systems they had to notify another Maremont 19 Q. How long had the Nashville facility been 19 facility, if they needed friction brake shoe kits 20 in operation? 20 the Nashville facility? 21 A. I'm not sure of that question. 21 A. No. Again they had an automatic 22 Q. Had it been in operation for more than 10 22 replenishment system where they reported their sale 23 years before your arrival? 23 of shocks, exhausts and friction products on a 24 A. T don't think so. I think it was perhaps 24 regular basis to Maremont. Maremont would enter____ Page 82 Page 84 1 closer to five years. l that into one computer system that would generate a 2 Q. Do you know if there was a location 2 demand on each of the manufacturing plants. 3 before that one? 3 Q. Okay. So there was a central inputting 4 A. Prior to being in Nashville it was 4 system. Sears notified one facility at Maremont of 5 located in the Paulding, Ohio, facility. 5 what their needs were by this replenishment system? 6 Q. Okay. So they actually had the assembly 6 A. Yes, they did. 7 business taking place at the Paulding facility up 7 Q. Where was this information sent to? 8 until a few years before your arrival? 8 A. Nashville, Tennessee. 9 A. That's correct. 9 Q. So as I understand, the Sears system 10 Q. So this would be some time in the what. 10 set-up is they sold products, whether shock 11 the late'60s? 11 absorbers, mufflers or brake shoe kits that 12 A. I'm guessing at the dates. 12 automatically was -- that information was sent by 13 Q. You went to work at Maremont in '73, 13 computer to Maremont? 14 correct? 14 A. Correct. 15 A. That's correct. 15 Q. And Maremont's contract with Sears was 16 Q. So if it was five years or so ballpark we 16 such that they just took another one off the shelf 17 are talking '67, '68, give or take a year or two? 17 at Maremont or made some more and shipped those 18 A. If you understand I'm guessing at the 18 straight back to Sears to replenish the ones they 19 five years, yes. 19 had just sold? 20 Q. Sure. Do you have any understanding as 20 A. That's correct. 21 to why the assembly facility was separated from the 21 Q. And how did Sears notify Maremont? You 22 Paulding facility and relocated in Nashville? 22 said there was a computer system, correct? 23 A. When Sears was brought on as a major 23 A. That's correct. 24 customer for the friction products T don't think________ 24 BENUSKA REPORTING (630) 834-7828 Q Did each Sears store have an ability to----------------Page 81 - Page 84 William Cotton vs. A.P. GreenMulti-vPageTMCarl Ligwge(tt,' 8--15--- Page 85 Page 1 transfer that information directly to Maremont or 2 did it go through a central repository or storage 3 facility at Sears to then transfer that information 4 to Maremont? 5 A. I don't know. 6 Q. Once it went from Sears to Maremont did 7 it go to a central location at Maremont for 8 notification to the various manufacturing 9 facilities or did that information simultaneously 10 go to all of them, or did it go to each store based 1 financial folks at this facility as opposed to 2 their corporate headquarters? 3 MR. CANONI: Objection as to form. 4 THE WITNESS: No, 1 don't. 5 MR. COON: Let's go off the record a minute. 6 THE VIDEOGRAPHER: Off the record, 12:32. 7 (Whereupon, a break was taken 8 from 12:32 until 1:40 p.m.) 9 THE VIDEOGRAPHER: We're on the record at 10 1:40. 11 - each manufacturing facility based on what they 12 manufactured there? 13 A. It went to one place at Maremont. 14 Q. And that was the Nashville facility? 11 BY MR. COON: 12 Q. Mr. Liggett, we took a break and we had 13 left off with the distribution system and how the 14 Sears information was exchanged through the 15 A. There was a separate facility in 15 Maremont system. And next, sir, I want to direct 16 Nashville that was called Airways Plaza. 16 our attention to the next company you worked for. 17 Q. Airways Plaza. And was this the place 17 I think I have a pretty good understanding of how 18 that the information went to? 18 the Maremont facility operated. 19 A. Yes, it was. 19 I want to next talk about Nutum. As I 20 Q. And at Airways Plaza they would then take 20 understand it from your testimony earlier today you 21 the information from Sears where they had notified 21 worked for Maremont from about '73 to '77, is that 22 Maremont we sold so many shocks, so many brake 22 correct? 23 shoes, so many of this and that and we need you to 23 A. Correct. 74 replenish them, correct? 24 O. And then vou went to work for Nutum from Page 86 Page 88 1 A. Correct. 1 '77 until some time in the '80s? 2 Q. And then the Airways facility would then 3 notify, I take it, each of the manufacturing or 4 assembly facilities to let them know that these 2 A. That's correct. 3 Q. Was that '81? 4 A. Yes, it was. 5 were the things that needed to be replenished with 6 Sears? 7 A. That's correct. 5 Q. And the reason you went to work for 6 Nutum was because there was some sales transaction 7 involving Maremont and Nutum involving some of 8 Q. How many folks worked at the Airways 8 their product lines where you stayed with the 9 facility? 9 successor company, is that correct? 10 A. I'm going to guess 200. 10 A. That's correct. 11 Q. And did they have responsibilities for 11 MR. CANONI: objection as to form. 12 anything other than tracking this information that 12 BY MR. COON: 13 we're talking about? 13 Q. Could you tell me a little bit about that 14 A.' Yes, they did. 14 transaction as you understand it? 15 Q. What else did they have responsibilities 15 A. It's my understanding that Turner & 16 for? 17 A. They had some sales and marketing people 16 Newall wanted to enter the United States friction 17 material market, that Maremont found that friction 18 there and they had quite a few financial people 18 materials were not distributed through the same 19 there. 19 channels as all of their other products, so a buyer 20 Q. Was this more or less the corporate 20 and a seller met and made a deal. 21 headquarters for Maremont at that time? 21 Q. Was Nutum a Turner & Newall entity, a 22 A. The corporate headquarters was always in 22 subsidiary of some sort? 23 Chicago. This was a regional office. 23 24_ Q Do you know why they had a lot of their_________ 24_ BENUSKA REPORTING (630) 834-7828 A. It was. Q Was it created for the express purpose of------------- Page 85 - Page 88 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 89 Page 91 1 acquiring a friction product line in the United 1 Maremont from the standpoint of joint venture, 2 States? 3 A. I can't answer that. 4 Q. As you understood Turner & Newall was, not 5 in the friction business before the acquisition of 6 the Maremont facilities? 2 shareholder, anything like that? 3 A. I believe that Maremont initially had 4 some interest in Nutum. 5 Q. Do you have any understanding as to what 6 that interest was? 7 MR. CANONI: objection as to form. 8 THE WITNESS: No, that's not my 7 A. I don't know exactly. 8 Q. Who was the president of Maremont at that 9 understanding. 10 BY MR. COON: 9 time? 10 A. Byron Pond. 11 Q. Okay. I misunderstood. Maybe if you 12 tell me again I'll try to follow you. 11 Q. Is Mr. Pond still around? 12 A. I think he's still alive. 13 A. Turner & Newall owned Ferodo Friction 14 Materials and Ferodo wanted to enter the U.S. 13 Q. Do you know if he's still associated with 14 Maremont? 15 friction material market. 15 A. I don't think he is. 16 Q. Let me backup then. Turner & Newall was 16 Q. Do you think he's retired? 17 a British facility? 17 A. I think he has. 18 A. British company, yes. 18 Q. And I take it you don't really have any 19 Q. They had a number of subsidiaries, some 20 of which were involved in asbestos manufacturing 19 personal knowledge with respect to the type of 20 interest Maremont retained in the transfer of 21 processes? 21 certain assets to Nutum? 22 A. That's my understanding. 22 A. I believe there are documents that speak 23 Q. Did you know anything about the long 23 to that. ?4 historv of Turner & Newall with respect to asbestos 24 Page 90 O. Were vou involved in anv of the Page 92 1 litigation? 1 negotiations between T&N or their Nutum entity and 2 A. No, I did not. 2 Maremont? 3 Q. Have you ever been more informed with 3 A. No, I was not. 4 respect to the long history of asbestos litigation 4 Q. Do you know any of the individuals that 5 involving Turner & Newall? 5 were involved in that? 6 A. No, I have not. 6 A. Yes, I do. 7 MR. CANONI: Brent, let me just say, you know, 7 Q. Could you name the names for me please, 8 Mr. Liggett is not here today as a representative 8 sir? 9 for Nutum. I'll allow you to ask some general 9 A. Bob Rogers and Byron Pond. 10 questions, but I would rather that we confine our 10 Q. And that was the president of Maremont at 11 questions today to Maremont. 11 the time as well as the owner? 12 MR. COON: okay. Just trying to find a little 12 A. No. He was just the president. Bob 13 bit more about what he knew and didn't know with 13 Rogers was the president of Nutum. ...... 14 respect to that company. 14 Q. Yes, sir, that's what I meant, owner of 15 MR. CANONI: I just don't want that to be 15 Nutum. 16 binding on Maremont. 16 A. He's not the owner. 17 MR. COON: I understand. 17 Q. Maybe --1 lost you somewhere. You 18 MR. CANONI: Because he's not going to be 18 mentioned Mr. Rogers name earlier and I thought he 19 binding the company with respect to those 19 had an ownership interest in Maremont? 20 questions. 20 A. He was an employee of Maremont. 21 BY MR. COON: 21 Q. Okay. He became president of Nutum? 22 Q. Let me follow-up then a little more on 22 A. That's correct. 23 the corporate lines. Was Nutum, as you understand 23 Q. Do you know what Mr. Rogers did before 2A-- itT a company that was totally nnassociated with_______ _24_ hecoming president of Nutum?----------------------------------- BENUSKA REPORTING Page 89 - Page 92 (630) 834-7828 William Cotton vs. A.P. Green Multi-PageTMCarl Liggett, 8-15- Page 93 Page 1 A. He was not an employee of Maremont at 2 that time. I don't remember what he was doing. 3 Q. Do you know if he was already associated 4 with Turner & Newall in some capacity? 5 A. I don't think he was. 6 Q. Are you aware of any other friction 7 entities that were owned by Turner & Newall at that 8 time? You mentioned Ferodo. 9 A. That's the only one I'm familiar with. 10 Q. Do you know anything about the ownership 11 interest of Wagner or Numoabex as they may have 12 related to Turner & Newall? 13 A. No, I don't. 14 Q. Do you know anything about Wagner? 15 A. I know they were a friction material 16 manufacturer. 17 Q. Were they a competitor of Maremont at any 18 point in time? 19 A. Yes, they were. 20 Q. In what respects? 21 A. To the best of my recollection Wagner 22 made friction materials and Grizzly made friction l Q. Now what's your understanding of Ferodo's 2 activities at the time Turner & Newall acquired, or 3 the Nutum entity of Turner & Newall acquired 4 Maremont's friction product lines? 5 A. Help me understand that question a little 6 better. 7 Q. Yes, sir. At the time of this 8 transaction, 1977, what was your understanding of 9 what Ferodo's business activities were? 10 A. Ferodo was a major worldwide manufacturer 11 of friction products. They had extensive research 12 and development capabilities. 13 Q. Did they have any operating enterprises 14 in the United States at that time? 15 A. Not that I'm aware of. 16 Q. And as I take it from your testimony 17 today it's your general understanding that T&N had 18 the desire to get more involved in the American 19 market with respect to friction products? 20 A. That's correct. 21 Q. And that was one of the motivating 22 factors in creating the Nutum facility, to acquire 23 materials and they would compete in the rebuilder ?4 market. 23 the friction product lines of Maremont? 24 A. It was a way to enter the friction market_________ Page 94 Page 96 1 Q. What about Numoabex? 1 in the United States. 2 A. I'm not familiar with Numoabex. 2 Q. Do you know whether or not the Nutum 3 Q. Or Abex? 4 A. I've heard the name Abex. I can't tell 3 organization or entity was associated in any 4 respect to Ferodo from a corporate standpoint? 5 you what they do. 6 Q. How about American Brake? 5 A. I know there was heavy exchange of 6 information and formulas. How exactly it was 7 A. I've heard that name and I believe that 8 is the same company as Abex, but I can't tell you 7 structured corporately, I don't know how that was. 8 Q. That was between Ferodo and Nutum? 9 what they did. 9 A. That's correct. 10 Q. What assets were transferred from 10 Q. So they had a working relationship, you 11 Maremont to Nutum in '77? 11 just did not know what type of corporate 12 A. I don't know if I can give you a 12 relationship they had? 13 definitive list, but I know the Paulding, Ohio, 13 A. That's correct. I don't know if the 14 facility -- 14 corporate relationship was with Turner & Newall or 15 Q. Okay. 15 with Ferodo. 16 A. -- and the Allied Drive facility were 16 Q. Do you know where -- let me backup. In 17 transferred. 17 1977 at the time this transaction occurred do you 18 Q. This being all of the friction aspects of 18 know where Maremont's what I would call their 19 the Maremont entities at that time, correct? 19 headquarters are? 20 A. That's correct. 20 a. Yes. 21 Q. To your knowledge did it not involve the 21 Q. Was that in Chicago? 22 shock absorber lines and the exhaust system lines? 22 A. Yes, it was. 23 A. I don't believe it involved those two 23 Q. Did you know anything else about the 2.Jines-at all__________________________________________ _ 2L. corporate structure in terms of where the company-------- BENUSKA REPORTING Page 93 - Page 96 (630) 834-7828 T William - Cotton vs. A".P..--Green .... 1Mu1lti-PageTM"" .C....... . a" r" ~ l Liggett, 8-15-021 ................. .. ' Page 97 Page 99 1 had been originally incorporated or chartered? 2 A. No, I don't. 3 Q. Do you know what type of corporation it | 4 was set up as? 5 A. No, I don't. 6 Q. With respect to Nutum, do you know where 7 its corporate headquarters were in 1977? 8 A. Yes, I do. 9 Q. And where was that, sir? 10 A. Nashville, Tennessee. 11 Q. Was this at the Allied Drive location or l A. Yes, they would. 2 Q. What changed, if anything, with respect 3 to management at these facilities? 4 A. The only significant change would have 5 been Bob Rogers who had left Maremont coming back 6 as the president of Nutum. 7 Q. What years was Bob Rogers president of 8 Maremont? 9 A. I don't believe Bob Rogers was ever 10 president of Maremont. 11 Q. What years was he at Maremont? 12 the Airways location or elsewhere? 12 A. I can't answer that. 13 A. It was elsewhere. 14 Q. Where was that, sir? 13 Q. Brian Pond, was he the president of 14 Maremont at the time of the sale? 15 A. I don't remember the exact address. It 16 was in Nashville. 17 Q. Was this a new construction facility that 18 they moved to or acquisition of existing property? 19 A. They rented office space in an office 15 A. Byron, B-y-r-o-n. 16 Q. Byron Pond? 17 A. Correct. And your question? 18 Q. Yes, sir, you just answered that for me. 19 How long had he held that position? Do you know 20 complex. 21 Q. Was there a transfer of records regarding 20 what years? 21 A. I don't know what years. 22 invoices, billings, and all of the other things 22 Q. Do you know if he was president when you 23 that related to the friction products side of 23 went to work there in '73? ?4 Maremont from their corporate headquarters in 24 Page 98 A. Nor he was not.________________________________ Page 100 1 Chicago to the Nutum headquarters in Nashville? 1 Q. Do you know who the president was at that 2 MR. CANONI: Objection as to form. 2 time? 3 THE WITNESS: I would think most of those 4 records would have been held at the manufacturing 3 A. Rick Black. 4 Q. Do you know what capacity Bob Rogers had 5 and assembly facilities and would have just stayed 6 there. 5 at Maremont? 6 A. He had some title as head of the 7 BY MR. COON: 7 Passenger Car Division of the Friction Products 8 Q. Do you know what, if any, types of 8 Group. 9 records from Maremont that were kept elsewhere. 10 such as their headquarters in Chicago, that would 9 Q. Which facility did he work at? 10 A. The Allied Drive facility in Nashville. 11 have been transferred over to Nutum at the time of 11 Q. Were you all -- you were in management at 12 the acquisition? 12 that same facility, right, as -- 13 MR. CANONI: objection as to form. 13 A. Yes, I was. 14 THE WITNESS: I wouldn't know that. 14 Q. -- general manager? 15 BY MR. COON: 15 Did he report to you or did you all have 16 Q. With respect to the sale, did pretty much 16 lateral positions? 17 all the same operational procedures stay in place 17 A. I reported to him. He was my boss. 18 in terms of the manpower, their product lines and 18 Q. At the Allied Drive facility in 'll what 19 things like that at the time of the initial 19 was the corporate structure there? Do you have a 20 acquisition by Nutum of these particular Maremont 20 president just at that facility? 21 facilities? 21 A. I don't remember Bob Rogers title, 22 A. Yes, they did. 22 whether he was general manager or president of that 23 Q. With respect to pay scales, all that 23 division. He would have been the top person at 24_ stayed ahout the same?_______________________________ 2L. that facility. T reported to him. There were----------------- BENUSKA REPORTING Page 97 - Page 100 (630) 834-7828 William Cotton vs. A.P. Green Multi-PageTM____________________ Carl Liggett, &.-15- Page 101 Page 1 1 supervisors that reported to me, and then there l Q. Who was president of Maremont? 2 were the production workers. 3 Q. So you were second in command of the 4 Nashville facility -* 5 A. That's correct. 6 Q. - in '77? 7 A. That's correct. 8 Q. And you reported to Mr. Rogers, although 9 you do not recall specifically what his title was? 10 A. That's right. 11 MR. CANONI: Let me just --1 don't know that 12 the witness is clear. Was Bob Rogers there in 2 A. That's correct. 3 Q. With respect to the other facility, that 4 would be Paulding, Ohio? 5 A. Right. 6 Q. Were you also an operations manager 7 there? 8 A. Not when I started. 9 Q. Okay. But at some point in time? 10 A. That's correct. 11 Q. Let's backup. At Nashville at some point 12 in time Mr. Rogers left and you then I take it 13 '77? 14 THE WITNESS: Oh, excuse me. 13 reported to someone else? 14 A. That's right. 15 MR. CANONI: I didn't know whether you were 16 restricting your question to '77. 17 THE WITNESS: I was thinking when I joined the 18 business. I'm sorry. 19 BY MR. COON: 15 Q. What was that gentleman's name again? 16 A. Byron Pond. 17 Q. That was Byron Pond. 18 And then did Mr. Pond also then report to 19 that same gentleman in Chicago that Mr. Rogers had 20 Q. Okay. In '73? 21 A. Right. 20 reported to? 21 A. No. Byron Pond at this point was 22 Q. So in '73 when you went to work there at 22 president of Maremont. 23 the Nashville facility Mr. Rogers was in charge? 23 Q. Okay. I'm starting to get confused ?4 A. That's correct. 24 again. Was he at the -- Mr. Pond, was he at the Page 102 Page 104 1 Q. You just don't know what his title was? 1 Nashville facility? 2 A. That's right. 2 A. No. He was in Chicago. 3 Q. But your title was general manager and 3 Q. Okay. Did at some point in time you end 4 you reported directly to him? 4 up kind of taking Mr. Rogers' position at the 5 A. No. My title was operations manager. 5 Nashville facility? 6 Q. Okay, operations manager. And you 6 A. When Mr. Rogers left I and the person 7 reported directly to Mr. Rogers? 7 that was in charge of sales and marketing then did 8 A. That's correct. 8 not have a boss and we reported to Byron Pond on an 9 Q. Do you know who Mr. Rogers reported to? 9 interim basis. 10 A. I can't think of his name. He reported 10 Q. That's why I lost you. When Mr. Rogers 11 to someone who reported to Rick Black and later 11 left you didn't report to him? 12 reported to Byron Pond. But there was a position 12 A. It's confusing. 13 called national accounts. 13 Q. But it's because they just left that 14 Q. Yes, sir. 14 position vacant? 15 A. And the head of that group is who Bob 15 A. That's correct. 16 Rogers reported to. His name escapes me. 16 Q. So again try to go back over this. When 17 Q. Would he be in Chicago? 17 you started in '73 you're operations manager in 18 A. Yes. 18 Nashville, you report to Mr. Rogers. Mr. Rogers 19 Q. Okay. So Mr. Rogers -- in the chain of 19 reported to someone in Chicago who reported to the 20 command you reported to Mr. Rogers, Mr. Rogers 20 president Mr. Black? 21 reported to somebody in Chicago? 21 A. Correct. 22 A. That's correct. 22 Q. When Mr. Rogers left some time between 23 Q. Who then reported to Mr. Black? 23 '73 and '77 his position in Nashville was not ?4 ___ A-Thatls correct______________________________________ 2L. filled?______________________________________________ : BENUSKA REPORTING Page 101 - Page 104 (630) 834-7828 William Cotton vs. A.P. Green Multi-Page1 Carl Liggett, 8-15-02 Page 105 Page 107 1 A. That's correct. 1 1 that you would normally have reported to? 2 Q. And so that left a void to anyone you 2 A. That's correct. 3 reported to at the Nashville facility? 3 Q. Going back to Nutum, they had their 4 A. Right. 4 corporate headquarters in Nashville, correct? 5 Q. And instead you reported on up the chain 5 A. No -- yes. 6 to Mr. Pond? 7 A. Who by then had become president of 8 Maremont after Rick Black left. 6 Q. And they still had the operating facility 7 that was previously the Maremont Nashville 8 facility? 9 Q. So you actually bypassed two positions; 9 A. That's correct. 10 one was reporting to Mr. Rogers and then whoever 10 Q. They had the operating facility that was 11 Mr. Rogers reported to in Chicago? 11 previously the Paulding, Ohio, Maremont facility? 12 A. That's correct. 12 A. That's correct. 13 Q. Do you know if that position in Chicago 13 Q. What about the distribution center 14 had also been vacated? 14 contact with Sears, the Airways facility, did that 15 A. Yes, it had. 15 remain in place? 16 Q. Were there a number of positions that 16 A. Well, that was still part of Maremont. 17 were becoming open for whatever reasons that were 17 Q. Okay. 18 not being filled for a particular reason? 18 A. That did not change when Maremont sold 19 A. I would say the management structure was 19 the Friction Products Group to Turner & Newall. 20 changing as different people had different ideas 20 Q. How did -- did the continued relationship 21 how it could best be organized. 21 with Sears - strike that. 22 Q. They were just kind of feeling their way 22 Did the relationship with Sears as it 23 through that during this time frame? 23 related to Nutum continue as Sears relationship 24 A. Organizations of that size change._______________ 24 with Maremont had previously existed?_______________ Page 106 Page 108 1 Q. Okay. Now let's talk about briefly the 1 A. I'm a little confused. 2 Paulding facility where you were also a manager, 2 Q. Okay. Sears had a reordering process? 3 correct? 3 A. That's correct. 4 A. Correct. 4 Q. And in fact you had a name for it, 5 Q. Who did you report to at that facility? 5 replacement or replenishment I think you called it, 6 A. When I went there I was the top person at 6 right? 7 that facility. 7 A. That's correct. 8 Q. Was that title also operations manager? 8 Q. With this replenishment system that went 9 A. Yes, it was. 9 through the Airways facility in Nashville, correct? 10 Q. And for that facility they did not have a 10 A. That's correct. 11 person such as Mr. Rogers? 11 Q. When Maremont sold certain operations to 12 A. That's correct. 12 Nutum, did Sears continue to conduct business with 13 Q. Did you report directly to the president 13 the Nutum entity? 14 at that facility? 14 A. They continued to send their 15 A. No. Initially I reported still to Bob 15 replenishment orders to the Airways facility and 16 Rogers. 16 then Maremont would transmit those to Nutum. 17 Q. Who was in Nashville? 17 Q. That was my next question. So the way 18 A. Who was in Nashville. 18 that Sears reported their replenishment continued 19 Q. Okay. And then after Mr. Rogers left did 19 to go through the Airways system in Nashville which 20 you report to Mr. Pond -- 20 was still Maremont owned? 21 A. That's correct. 21 A. That's right. 22 Q. - for that as well? 22 Q. Even after Nutum acquired the Maremont 23 So the Paulding facility did not have a 23 facilities in Nashville and Paulding? 24 position between yon and this person in Chicago_______ 24 __ A That's correct__________________________________ BENUSKA REPORTING Page 105 - Page 108 (630) 834-7828 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15- Page 109 Page ; 1 Q. Do you know what kind of consideration 2 was given for Maremont providing those services? 3 A. No, I don't. 4 Q. Do you know how long that relationship 5 continued? i 6 A. No, I don't. 1 requests for replenishment to distinguish what 2 Maremont could continue to provide versus what 3 Nutum would provide? 4 A. Well, they would only send to Nutum 5 those products that were produced by Nutum. They 6 wouldn't send a shock absorber replenishment 7 Q. Did it continue through the duration of 7 schedule to a brake assembly plant. 8 your employment with Nutum in '81? 8 Q. They being Airways? 9 A. Yes, it did. 9 A. That's correct. 10 Q. So as I understand the way the system 10 Q. So when the information from Sears got to 11 would have worked with Sears on the new product 11 Airways as to what they needed Airways would 12 brake shoe work that was -- this was all out of 12 separate out what Maremont could replace, like 13 Nashville, correct? 14 A. Yes. 13 shock absorbers and mufflers, and send that 14 information on to the Maremont entities for 15 Q. The replenishment systems for the brake 16 shoes. It would have been that Sears would have 15 replenishment, correct? 16 A. That's correct. 17 still run through their same system as they had 17 Q. And then they would send the information 18 when you worked for Maremont and everything would 18 as it related to replacement of the brake items 19 go to Airways which was still Maremont owned on the 19 that were now being manufactured by Nutum on to ,20 computer database to indicate what needed to be 20 the Nutum facilities? 21 replenished? 21 A. That's correct. 22 A. That's correct. 22 Q. Where did Airways report that to, to 23 Q. And at the Airways system they would make 23 Nashville? 2A. a determination as to whether or not the_______________ A. Yes.________________________________________ Page 110 Page 112 1 replenishment items that Sears needed were things 1 Q. Did it go to the Nashville headquarters 2 that were made by Maremont or things made by Nutum 2 or to the Nashville manufacturing facility - or 3 as a result of the sale, correct? 3 assembling facility? 4 A. That's correct. 4 A. It could go to either. 5 Q. And so if Sears business auto repair 5 Q. Did any of it ever go to the Paulding 6 shops -- what were those called, the Sears shops? 6 facility? 7 A. Sears Service Centers. 7 A. No, it did not. 8 Q. When the Sears Service Centers reported 8 Q. Paulding still had no involvement in 9 into the system to Airways that they needed brake 9 sending anything to Sears from a replenishment 10 shoes of certain make and model, then Airways 10 standpoint because that was all rebuilt? 11 relayed that information on to Nutum, correct? 11 Actually Paulding was actually just the 12 A. That's essentially correct. 12 friction materials? 13 Q. And by the same token they would then 14 continue to have also relayed to the remaining 13 A. That's correct. i 14 Q. And Sears was never ordering just the raw 15 Maremont facilities that made the shock absorbers 15 or friction material parts? 16 and muffler systems that same type of information? 16 A. You are correct. 17 A. That's correct. 17 Q. Do you know how long this process 18 Q. How did the transfer of information from 18 remained in place after you left Nutum in '81? 19 Airways to Nutum take place? How would they 19 A. No, I don't. 20 relate to you what Sears needed for replenishment? 20 Q. You had told us that you left Nutum for 21 A. The reports that showed the replenishment 21 some disagreements with the president there? 22 needs by Sears store would print out on a printer 22 A. That's correct. 23 at Nutum. 23 Q. And that was Mr. Rogers? 74 Q Would they he ahle to segregate out the___________ 24 BENUSKA REPORTING (630) 834-7828 A That's right____________________________________ Page 109 - Page 112 T William Cotton vs. A.P. Green Multi-PageTMCarl Liggett, 8-15-02 Page 113 Page 115 1 Q. Had you had some problems with Mr. Rogers 2 while he was working with you at Maremont before 3 Nutum acquired it? 4 A. Mr. Rogers was a challenging boss. 1 MR. COON: Is this a good place to break? 2 THE VIDEOGRAPHER: End of tape 1. Off the 3 record at 2:08. 4 (Whereupon, a break was taken 5 Q. In what ways? 5 from 2:08 until 2:11 p.m.) 6 A. He was pretty hardheaded and arrogant. 6 THE VIDEOGRAPHER: This is tape 2 continuing 7 He was fairly demanding. 7 the deposition of Carl Liggett. The time is 2:11 8 Q. Do you know why he had left Maremont 9 during your tenure there? 10 A. He had a hard time getting along with his 8 on the record. 9 BY MR. COON: 10 Q. Mr. Liggett, we talked earlier about 11 bosses at Maremont. 11 things you were able to review before your 12 Q. Being Mr. Black and others? 12 testimony today. Do you recall that? 13 A. That's correct. 14 Q. Was he invited to leave? 13 A. Yes, I do. 14 Q. Had you been able to read any of your old 15 A. I believe that it was his initiative. 15 depositions that you gave before today? 16 Q. Do you know where he went to? 16 A. Yes, I have. 17 A. I can't remember. 17 Q. Do you still keep those, sir? 18 Q. But when Nutum came in to acquire 18 A. You know, I truly don't remember if I 19 Maremont Mr. Rogers came back to work for Nutum? 19 reviewed them and sent them back or if I kept a 20 A. That's correct. 20 copy. 21 Q. Do you know how it was that the Nutum 21 Q. Do you know if you keep anything 22 executives knew about Mr. Rogers or how it worked 22 regarding the things you reviewed to help refresh 23 out that Mr. Rogers was able to obtain employment 23 your memory or to be better informed about the ?4 with Nutum? 24 companv that vou had worked for? Page 114 Page 116 1 A. I think the Maremont people recommended 1 A. I pretty much start fresh for each 2 that they talk to him. 2 deposition. 3 Q. Was that because they weren't going to 3 Q. You don't have like a box of goodies in 4 have to deal with him? 4 your office that you go back and dig through to get 5 A. Quite probably. 5 ready? 6 Q. So any way, I guess you were not 6 A. No, I don't. 7 pleasantly surprised to see Mr. Rogers return when 7 Q. Okay. Are there things that have been 8 Nutum acquired the company -- the parts of the 8 prepared for you to assist you in providing this 9 company that you were working for? 9 type of testimony? 10 A. Bob Rogers was not a bad person, he just 10 A. No, there's not. 11 was an unusual person. 11 Q. Have you been called upon to go back and 12 Q. And I take it you all tried to get along 12 actually go back to the company and conduct any 13 for a few years and after four years of dealing 13 type of what I would call an investigation going 14 with that management style you decided to seek 14 out and talking to people that work there or trying 15 greener pastures? 15 to find particular documents or anything like that? 16 A. That's correct. 16 A. No, I have not. 17 Q. Was there any particular incident that 17 Q. And have not been asked to? 18 led up to the decision, or was it just an ongoing 18 A. I have not been asked to do that. 19 process of agreeing to disagree? 19 Q. Okay. I do not know which documents that 20 A. There was probably an incident that led 20 you have had an opportunity to see and which ones 21 up to the final decision. 21 you have not, but my office has been provided with 22 Q. Was it of anything particularly 22 a number of them, some of which you may be familiar 23 substantive? 23 with and some others that you may not. 2L. A Not really_____________________________________ 2. BENUSKA REPORTING (630) 834-7828 We are going to go through some of those------------ Page 113 - Page 116 William Cotton vs. A.P. Green Multi-PageTM_______ ____________ Carl Liggett, 8-15 Page 117 Page 1 today. And one of those documents are legal 2 discovery documents that are called the 3 Interrogatories. Are you familiar with 4 Interrogatories? 5 A. Yes, I am. 6 Q. Have you assisted Maremont in providing 7 information in response to these types of 8 questionnaires? 9 A. I had a general meeting with John Canoni 10 and some other attorneys from his firm where I 1 A. I can give you some of them. 2 Q. Yes, sir. 3 A. Grizzly was the primary trade name. 4 Q. Was that for the -5 A. Friction materials. 6 Q. -- friction materials? Was this for all 7 the friction materials? 8 A. No. 9 Q. This include the linings and the pads or 10 what? 11 tried to give them my best recollection of people, 12 places and things. I don't know if any of that 11 A. It was just for the brake linings and 12 disc pads and some of the truck block. 13 information has been used in helping them prepare 14 Interrogatories or not. 13 Q. None of the clutches? 14 A. I don't believe so. 15 Q. They basically just called you in to ask 16 you a lot of questions thinking that you were a 15 Q. Now, Grizzly was, as I understand, the 16 predecessor manufacturer of these product lines, or 17 person that could help provide information to 18 respond to those discovery requests? 17 at least some of these product lines that was ' 18 acquired by Maremont some time in the past? 19 A. They called me in for information. I 19 A. That's correct. 20 don't know if it was discovery requests that they 20 Q. Was Grizzly the name of the company as 21 were seeking to prepare then. 21 well as the trademark of their products? 22 Q. Have you ever read any of the discovery 22 A. Yes, it was. 23 requests? 23 Q. And so when Maremont acquired that ?4 A. No. 24 company thev continued to go forward making those Page 118 Page 120 1 Q. Have you ever signed off on any of them 1 same products and same friction materials under the 2 in any of the cases? 2 same trademark names? 3 A. 1 have signed my depositions. 3 A. Yes, they did. 4 Q. Yes, sir. 4 Q. Were there other trade names that 5 A. And I have signed a couple of 5 Maremont created after acquisition of the Grizzly 6 affidavits. I don't believe I have had anything to 6 product lines? 7 do with discovery requests. 7 A. Yes, there would have been. 8 Q. What was the context of the affidavits 8 Q. Do you recall the names of any of those. 9 that you had provided in the past? 9 sir? 10 A. Primarily as to what names the products 10 A. Brake-In-A-Box. 11 were marketed under. 11 Q. Is that B-r-a-k-e, I assume? 12 Q. Those products being the friction 12 A. Correct. 13 products? 13 Q. Brake-In-A-Box? 14 A. That's correct. 14 A. All-In-One. 15 Q. With respect to the friction materials 15 Q. Yes, sir. 16 that were sold through the Paulding facility, was 16 A. There were other names. I don't believe 17 there any name that was associated with those? 17 they were created after Maremont bought it. Some 18 Was there a trademark attached to the 18 of them probably existed before. 19 material? 19 Q. Do you recall the names of those? 20 A. Yes, there was. 20 A. Saftigrip. 21 Q. What was it? 21 Q. Would these have been Grizzly products? 22 A. There were several. 22 Not Grizzly trademark, but Grizzly Manufacturing 23 Q. Do you know the names offhand of any of 23 Company? 24 them?______________________________________________ _ _2A_ BENUSKA REPORTING (630) 834-7828 A I think so_____________________________________ _ Page 117 - Page 120 William Cotton vs. A.P. GreenMulti-PageTM Carl Liggett, 8-15-02 Page 121 Page 123 1 Q. So Grizzly Manufacturing Company had a 1 Q. What distinguished one from the other? 2 number of products that had the Grizzly name as the 2 A. One had strictly four shoes or four disc 3 trade name on them, like Grizzly brake linings, 3 pads, the other in addition to the shoes and pads 4 etcetera? > 4 had the rubber parts to rebuild the wheel cylinder 5 A. Well, if you remember they had different, 5 and the little metal parts, the springs, hold-down 6 you know, the good, better and best brands. 6 springs, return springs, clips that would hold it 7 Q. And in addition to the Grizzly trademark 7 on the backing plate. 8 products they had some other ones, the one you just 8 Q. It would be just a somewhat more complete 9 mentioned? 9 replacement kit? 10 A. Saftigrip. 10 A. That's correct. 11 Q. Saftigrip. 11 Q. Do you remember which one was which? 12 A. Tru-Gard, Silvertip. 12 A. I believe the Brake-In-A-Box was just the 13 Q. Were those products also brake linings 13 brake pads and I believe the All-In-One was the 14 and pads and truck blocks? 14 complete. 15 A. Yes. 15 Q. The Brake-In-A-Box included pads or 16 Q. Was there a distinction based on the 16 linings? 17 quality or the performance of those products that 17 A. That's correct. 18 was reflected in the trade name? 18 MR. CANONI: Do you mean Brake-In-A-Box or 19 A. Yes, there was. 19 Over-The-Counter? 20 Q. Could you tell us about that please, sir? 20 THE WITNESS: Excuse me, I mean 21 A. I couldn't tell you which trademark at 21 Over-The-Counter. 22 this time was associated with which quality level, 22 BY MR. COON: 23 I just don't recall. But you had your premium 23 Q. What was Over-The-Counter? I missed 24 brand, vou had vour economv brand and vou had vour 24 something. Page 122 Page 124 1 middle-of-the-road brand. 1 A. Over-The-Counter was if you went in to do 2 Q. Do you know whether or not the Grizzly 2 a brake job you would just get the brake shoes or 3 trade name products, being the brake lines, pads 3 disc pads. 4 and truck blocks were all the lower end, middle end 4 The All-In-One would be for the Sears 5 or top end? 5 mechanic to do in their service center. 6 A. No, I don't. 6 Q. Okay. That gives me a better 7 MR. CANONI: Objection as to form. 7 understanding. 8 BY MR. COON: 8 So out of the Allied Drive facility where 9 Q. Now the Brake-In-A-Box and the 9 Maremont, later Nutum were turning out the 10 All-In-Ones, were those product lines created after 10 assembled kits this was all still new kits, 11 Maremont acquired Grizzly? 11 correct? 12 A. I believe they were. 12 A. Yes. 13 Q. Where were those products assembled or 13 Q. And they were all still, subject to the 14 manufactured? 14 exceptions you gave us earlier, comprised of 15 A. At the Allied Drive facility in 15 friction material that came from the Paulding 16 Nashville. 16 facility? 17 Q. Neither of these were just the friction 17 A. That's correct. 18 materials I take it? 18 Q. Both while it was at Maremont and then 19 A. No. They would have been the assembled 19 later as it became Nutum? 20 brake sets. 20 A. That's correct. 21 Q. Were these the predominant two names of 21 Q. And at the Nashville facility while it 22 the brake sets that came out of the Nashville 22 was Maremont were the boxes called the 23 facility for Sears? 23 Brake-In-A-Box and All-In-One at that time as well? 24____ A Yes, they were_________________________________ 2A____ A Ask that again_____________________________________ BENUSKA REPORTING Page 121 - Page 124 (630) 834-7828 T William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8-15 Page 125 Page 1 Q. Yes, sir. When Maremont owned the Allied 1 A. That's correct. 2 Drive facility where they were putting together the 3 assembled kits was Maremont making the 4 Brake-In-A-Box and the All-In-One? 5 MR. CANONI: Over-The-Counter and All-In-One. 2 Q. Do you know how long either one of those 3 product lines continued after you left? 4 A. No, I don't. 5 Q. Do you know how long either one of those 6 THE WITNESS: Over-The-Counter and 6 product lines had been in existence before your 7 All-In-One. 8 BY MR. COON: 9 Q. Okay. The Brake-In-A-Box was -- I lost 7 arrival in '73? 8 A. No, I don't. 9 MR. CANONI: '77. 10 you again. Over-The-Counter was just the shoes and 10 BY MR. COON: 11 pads? 12 A. That's right. 13 Q. And All-In-One was a complete kit? 11 Q. Was it'73? 12 A. '73. 13 Q. As I further understand the All-In-One 14 A. That's right. 14 products were exclusively for your Sears business? 15 Q. Where did Brake-In-A-Box come from? 15 A. That's correct. 16 A. I think that was another product line 16 Q. And was that also again for the duration 17 that Maremont was going to try to develop and sell 18 to non-Sears accounts and was never very 17 of the time you were at Maremont and Nutum? 18 A. That's correct. 19 successful. 20 Q. Do you know if they marketed that product 19 Q.Those kits never went out to any other 20 distributors or retailers or wholesalers? 21 at all? 22 A. I think they tried to with no success. 21 A. Not to the best of my knowledge. 22 Q. And with respect to the Over-The-Counter, 23 Q. Do you know what time frame that 23 those were to all your customers except for Sears? 24 involved? 24 MR. CANONI: Objection asto form. Page 126 Page 128 1 A. No, I don't. i THE WITNESS: The Over-The-Counter also went 2 Q. Now the Over-The-Counter product line, 2 to Sears for their sales to the do-it-yourselfer. 3 these were the assembled kits which was the four 3 BY MR. COON: 4 shoes or pads for replacement on one vehicle, front 4 Q. We need to break that down a little more 5 tires, back tires? 5 then. The All-In-Ones were exclusive to Sears, 6 A. Right. 6 correct? 7 Q. And then the All-In-One would have been 7 A. Exclusive to Sears and primarily for 8 the same thing, it would include the shoes and pads 8 their mechanics to use in their back shops. 9 as well as the spring assemblies for replacement of 9 Q. So if someone came in to one of their 10 some of the other parts that tended to show a 10 service centers to have the shoes replaced quite 11 little more wear and tear than others? 11 often Sears would get the All-In-One kit to replace 12 A. That's correct. 12 both the shoes or pads as well as the clips and 13 Q. Now the All-In-Ones as I understand were 13 springs? 14 -- both the All-In-Ones and the Over-The-Counters 14 A. That's correct. 15 were being manufactured or put together while 15 Q. But as I also understood, and what I 16 Maremont was operating from '73 to '77 during your 16 think you were saying is that Sears sometimes would 17 tenure? 17 instead of using the All-In-One kit that was more 18 A. That's correct. 18 complete would use the Over-The-Counter system? 19 Q. And both of those product lines continued 19 A. No. What I said was, or what I meant to 20 after Nutum acquired Maremont in '77? 20 say was if you drove in to Sears you could either 21 A. Yes, they did. 21 leave the car for them to do the brake job or you 22 Q. And both those product lines continued 22 could buy the brake shoes to take home yourself. 23 through the duration of your employment at Nutum 23 If you left it for them they did a 24 through '81 when yon left?___________________________ 24 complete hrake joh that included turning your drums----- BENUSKA REPORTING Page 125 - Page 128 (630) 834-7828 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 129 Page 131 1 and rotors, replacing your shoes and pads, 2 rebuilding your wheel cylinders and replacing all 3 the springs and hold-down hardware. 4 If you were going to do the job yourself ; 1 normally replace, like batteries, things like that? 2 A. That's correct. 3 Q. Maremont was never involved in any of 4 those other parts replacement activities, were 5 they sold you a box that just had the brakes or 6 pads, which you would take home to your garage and 5 they? 6 MR. CANONI: Other than the ones he's already 7 change yourself. 8 Q. That would be for the do-it-yourselfer? 9 A. That's for the do-it-yourselfer. 10 Q. Could the do-it-yourselfer ever acquire 11 the All-In-One kits from Sears? 12 A. I don't know. 13 Q. Did Sears sell any kits other than the 14 ones that were provided by Maremont and later 15 Nutum? 16 A. Again they had the freedom and 17 flexibility to go outside and buy from the local 18 jobbers if they were out of stock on any part. 19 Q. But that was not the typical situation, 7 mentioned? 8 BY MR. COON: 9 Q. Other than the ones we've talked about. 10 A. Yes. Shocks, exhaust and brakes. 11 Q. Never got involved in headlights or any 12 of the other things that could be categorized as 13 your traditional replacement parts? 14 A. Not to the best of my knowledge. 15 Q. Oil filters, air filters, spark plugs, 16 things like that? 17 A. I don't think so. 18 Q. Mr. Liggett, I'm just going to ask you 19 some questions kind of randomly out of some of this 20 that would be the atypical, like out of stock and 20 discovery that's been provided to us that you may 21 it hadn't been replenished or a real oddball part? 21 be able to clear up. 22 A. I don't think I can speak authoritatively 23 to how often they were out of stock. But it was 24 certainlv Maremont's intent that thev be in stock 22 One of those had identified a mailing 23 address, their primary mailing address for Maremont 24 Corporation as a place in Columbus, Indiana.__________ Page 130 Page 132 1 most of the time. 1 Do you know anything about Maremont's 2 Q. Did Maremont or Nutum ever attempt to do 2 activities in Columbus, Indiana? 3 the same type of setup that they had with Sears 4 with the other major chains that had similar 3 A. I believe that is where their current 4 official address is. 5 enterprises? For instance, I think Montgomery Ward 5 Q. Do you know why they would have an 6 had a service center for some period of time, did 7 they not? 6 official address there and their corporate 7 headquarters in Chicago, or has their corporate 8 A. I know it was considered, but that was a 9 very delicate issue because that could have upset 8 headquarters changed? 9 A. I believe the corporate headquarters 10 Sears and they didn't want to do anything that 11 would jeopardize that business. 10 changed when Maremont was purchased by Arvin who 11 was located in Columbus, Indiana. 12 Q. So it was your understanding they were 12 Q. Okay. Well, that's something else I need 13 content enough with the Sears business that they 13 to follow up real briefly with you on then. You 14 didn't really want to do anything that Sears would 14 worked for Maremont from '73 to '77 and then 15 deem to be adversely competitive to them? 15 Maremont sold out certain activities to Nutum? 16 A. That's the way it worked out. 16 A. That's correct. 17 Q. Who were the other major accounts that 17 Q. But you have been able to keep up to some 18 would have been competitors to the Sears repair 18 degree with respect to Maremont's corporate 19 systems? 19 activities since then I take it? 20 A. There's Goodyear, Firestone, most of the 20 A. I have. 21 major oil companies. At one time almost every gas 21 Q. Could you briefly tell us what happened 22 station had mechanics that did repair work. 22 to Maremont after '77? 23 Q. And I take it Sears also did have similar 23 A. I certainly kept up only on a very casual 24 setups like this for other parts that they could__________ 24 hasis. T just know that Maremont was acquired by------- BENUSKA REPORTING (630) 834-7828 Page 129 - Page 132 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 133 Page 135 1 Arvin. l brands. 2 Q. What is Arvin? 3 A. Arvin -4 Q. Harvin? 5 A. A-r-v-i-n. 6 Q. What does Arvin do, if you know? 2 You want to refresh my memory perhaps I 3 can tell you whether or not I remember them. 4 Q. That's kind of what we are doing here I 5 think. 6 A. Okay. 7 A. Automotive parts, shocks and exhausts. 8 Q. Do you know about when this took place? 7 Q. Leland. 8 A. That was a group of metal parts that were 9 A. No, I don't. 9 sold for heavy duty trucks. 10 Q. And you believe them to be a Columbus, 10 Q. Do you know what would have contained 11 Indiana, principally located facility? 12 A. Yes, I do. 13 Q. Were they ever competitors of Maremont 14 with respect to any friction product lines? 11 asbestos on those metal parts? 12 A. I don't think anything would. 13 Q. If Maremont provided answers to discovery 14 that Leland -- some Leland parts did contain 15 A. No, they were not. 16 Q. I take it they --1 was going to say I'm 15 asbestos, I take it that's news to you? 16 MR. CANONI: Objection as to form. 17 presuming. Did they have preexisting shock and 17 THE WITNESS: To the best of my knowledge the 18 exhaust systems before acquiring Maremont? 18 heavy duty group distributed Grizzly and Leland. 19 A. Yes, they did. 19 Grizzly was the umbrella group for all of their 20 Q. Is there still a Chicago facility for * 20 friction materials and Leland was the group for 21 Maremont, do you know one way or the other? 21 their spring brakes and shock absorber parts and 22 A. I don't know. 22 cam shafts. 23 Q. We had also asked Maremont to list for us 23 BY MR. COON: 24 a number of the different products that thev had 24 O. Where did those come out of?___________________ Page 134 Page 136 l manufactured that had asbestos in them. Let me l A. They were all purchased and resold. 2 read the names to you. 2 Q. Was that a rebranded product? 3 You mentioned Grizzly, correct? 3 A. I don't know if rebrand would be the 4 A. Correct. 4 right description, but they didn't make any of 5 Q. There was a product line called Ultra. 5 them. They bought them from other sources and then 6 Were you familiar with Ultra? 6 just sold them in a Leland catalogue. 7 A. Yes. 7 Q. Was Leland a national supplier of some 8 Q. What was that? 8 sort? 9 A. That was a brand of brake lining. 9 A. Leland was a nationally-recognized source 10 Q. What years was it manufactured? 10 for the suspension and brake parts that went under ll A. I don't recall. 11 a truck. 12 Q. During your tenure? 12 Q. What about Hyper, H-y-p-e-r? 13 A. Yes. 13 A. Hyper would be another brand of friction 14 Q. Duration of your tenure? 14 material. - 15 A. Yes. 15 Q. Manufactured in? 16 Q. Both at Maremont as well as Nutum? 16 A. Paulding, Ohio. 17 A. Yes. 17 Q. Was this for again the linings and pads. 18 Q. Was that product sold to the retail 18 clutches? 19 sector or to Sears or where? 19 A. I don't remember -- yes -- which ones 20 A. Primarily to the rebuilder market. 20 were for truck block and which ones were for 21 Q. What distinguished it from the other 21 passenger cars. 22 product lines you've already described for us? 22 Q. And you told us about the All-In-One and 23 A. It's just one more. I mentioned there 23 Over-The-Counters. 24 were several hrands. T couldn't recall all of the________ 2A_______ Saftigrip?------------------------------------------------- BENUSKA REPORTING Page 133 - Page 136 (630) 834-7828 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 137 Page 139 1 A. That's another brand of friction lining. 2 Q. Manufactured in Paulding? 3 A. Correct. 4 Q. Again any distinguishing characteristics . 1 Q. You mentioned the Brake-In-A-Box. You 2 mentioned Cherry Bomb. Those were mufflers, 3 correct? 4 A. That's correct. 5 of that product line? 6 A. None that I can recall. 7 Q. Made during the duration of your tenure 8 there? 9 A. Yes, they were. 10 Q. DD Silvertip? 5 Q. Were these the type that would replace a 6 muffler and screw onto an exhaust pipe? 7 A. They would replace a muffler. I don't 8 believe they screwed onto an exhaust pipe. 9 Q. And Maremont, did Maremont have some 10 brake product lines that were under their own name? 11 A. Another brand of brake lining. 12 Q. Any distinguishing characteristics, low 13 end, high end or certain product lines? 14 A. I don't recall. 15 Q. X-T Woven? 16 A. X-T Woven would have been one of the 17 clutch facings. 18 Q. Manufactured in Paulding? 19 A. Correct. 11 A. No, they did not. 12 Q. There were questions asked of Maremont 13 with respect to the asbestos composition of their 14 products and they indicated that a number had 32 to 15 65 percent composition in the friction material. 16 Is that consistent with your history or 17 recollection? 18 A. Yes, it is. 19 Q. And there were a number of different 20 Q. Again duration of your employment? 21 A. Yes, it was. 20 asbestos categories. That's a 5R, a 6D, 7D, 7M and 21 8T. 22 Q. Any specific product lines? 22 Were these again the grades that you were 23 A. Clutch facings. 23 talking about earlier? ?4 o. I'm sorrv, for particular products, like 24 A. Those would be consistent with what I___________ Page 138 Page 140 1 cars, trucks, heavy equipment? 2 A. Virtually all of their clutch facings 1 recall about the grades we purchased. 2 Q. As I understand it from your testimony 3 were for passenger cars or light duty trucks. 4 Q. Syncro, S-y-n-c-r-o? 3 you think that one of the major distinctions from 4 the grade dealt with the fiber length? 5 A. Friction material. 5 A. That's correct. 6 Q. Again in Paulding? 6 Q. They also mentioned that they made some 7 A. Yes. 8 Q. Again duration of your employment? 7 asbestos -- well, actually they used asbestos 8 papers that were not manufactured by Maremont but 9 A. Yes, it was. 10 Q. Anything specific about that product? 9 were used on certain muffler products. 10 Do you know anything about the asbestos 11 A. Not that I can recall. 11 papers for the muffler division? 12 Q. SS Metallic? 12 A. It's my understanding that they did use 13 A. Another brand of friction materials made 13 asbestos-containing papers in some mufflers for 14 in Paulding during my tenure. Specifics I can't 14 some period of time. 15 recall. 15 Q. Do you know if that would have been the 16 Q. Tru-Gard? 16 Cherry Bombs or some other ones? 17 A. Another brand of friction material made 17 A. I don't know. 18 in Paulding during my tenure. Specifics of which I 18 Q. Do you know where they acquired their 19 can't recall. 19 asbestos-containing papers for use in the mufflers? 20 Q. Saftibond? 20 A. No, I don't. 21 A. Another brand of friction material, same 21 Q. Did you know any of the guys that worked 22 as the previous two. 22 in the design and engineering departments? 23 Q. The Stop Box. 23 A. Design and engineering departments of 2L.____A 1 don't recall The Stop Box_____________________ _24_ what?_______________________________________________ BENUSKA REPORTING (630) 834-7828 Page 137 - Page 140 T William Cotton vs. A.P. Green Multi-PageTMCarl Liggett, 8-15-02' Page 141 Page 143 1 Q. Of Maremont for their friction product , 1 Q. Could you tell me just briefly if you 2 lines. 3 A. Yes, I did. 2 were to walk through the Paulding facility how that 3 manufacturing process took place from raw material 4 Q. Who were the guys that you recall being 4- 5 out there when you were there? 6 A. Frank Skelton and Steve Wyss. 5 MR. CANONI: The finishing part of it? 6 BY MR. COON: 7 Q. That's W-y-s-s? 8 A. That's right. I think so. 7 Q. Yes. First from the raw products coming 8 in and you go through blending. You've got specs 9 Q. Do you know who designed -- let me 10 backup. The friction materials that were sold to 9 on how to blend them, correct? 10 A. That's correct. 11 the companies that used it to make the rebuilt 11 Q. They showed you which asbestos type to 12 brake kits, do you know how those products were 12 use in terms of the grade and the composition of 13 shipped to them? 13 the resin and binders? 14 A. Yes, I do. 14 A. You had a recipe. 15 Q. Could you tell me about that please, sir? 15 Q. And you take that recipe and you make the 16 A. Typically a number of linings would be 16 product? 17 nestled one against the other and put in a box. I 17 A. That's correct. 18 don't recall the exact quantities. It could have 18 Q. And once you make the product, is that 19 been from 10 to 50 sticks of lining in a box and 19 all done in like big vats or hoppers? 20 they would be put in a larger box, a master box and 20 A. It's done in large mixers. 21 shipped to the different rebuilders. 21 Q. And once the ingredients are all mixed up 22 Q. And this would be from the Paulding 22 what was the next process in the formulation of the 23 facility? 23 final product? 24 A. That's right. 24 A. Depends on which tvpe of lining vou're Page 142 Page 144 1 Q. Did the Paulding facility -- let me ask 1 talking about. Some were oil-based and some were 2 you first. With respect to the brake linings. 2 resin-based. 3 we're talking about a friction material that's got 3 Q. Why did it matter whether it was oil- or 4 a curve to it -- 4 resin-based? 5 A. That's right. 5 A. The oil-based linings were less expensive 6 Q. - kind of comport to the drum of the 6 and the resin-based linings were more expensive but 7 wheel? 7 had better performance. 8 A. Or the shoe. 8 Q. And what differed with respect to the 9 Q. Or the shoe. And with those products was 9 process in which the products were made if they 10 the Maremont facility where they manufactured 10 contained oil or resin? 11 those, were they able to preform those or did they 11 A. The oil-based linings were extruded. 12 have to go through some process where they were 12 Q. I'm sorry, what's meant by that? 13 shaped in some fashion? 13 A. You have an auger that takes a mixture 14 A. Well, all linings were made with an arc 14 and forces it through a die. Like you would' 15 to them so that they would approximate the arc of 15 squeeze toothpaste out of a tube, you're extruding 16 the brake shoe. 16 the toothpaste out and it comes out in a round 17 Q. Was there any finishing that was required 17 shape. 18 once you had a basic arc to go back and make sure 18 Well, if you had a square end on there 19 that it properly fit the shoes that they were made 19 you could extrude a square shape and we had a 20 to go on? 20 rectangular die that you would use an auger that 21 A. Yes, they were. 21 would force the oil-based mixture at high pressure 22 Q. Was this done on some kind of grinding or 22 through a die. It would make a roll, maybe 25 feet 23 sanding apparatus? 23 long, you would put that on a rack and move it to 24 A. Yes, it was_________________________________ ___ 24 an oven. Yon would cure it in that oven---------------------- BENUSKA REPORTING Page 141 - Page 144 (630) 834-7828 T William Cotton vs. A.P. Green __________ Multi-PageTMCarl Liggett, 8-15-02 Page 145 Page 147 1 You would then take that cured roll and ; 1 product hardened? 2 put it into a saw and it would cut it off in 6 to 3 12 inch segments. 2 A. It cured, yes. 3 Q. And then you had some minor ability to 4 Those segments would then go through a 4 flex a product a little more for final form at that 5 machine that extruded an adhesive onto the back. 6 That would then go through an oven that would cure 5 time? 6 A. That's correct. 7 the adhesive so they wouldn't stick to each other 8 and they would then be put in a box and shipped to 7 Q. And then after that was there still some 8 grinding or shaping that needed to take place to 9 the rebuilder. 10 Q. So at some point you would end up with 9 get you to the exact dimensions you needed? 10 A. Not at Paulding, Ohio. That would be 11 something that's more or less a rectangular-shaped 11 done by the rebuilder or the Allied Drive facility 12 block? 13 A. It would be very similar to me cutting 14 off two inches of this pad right here and curving 12 in Nashville. 13 Q. So at the Paulding facility they just did 14 the cutting to get your sections? 15 it like that. That's what it would look like. 15 A. Of the oil-based linings. 16 Q. So the product at that stage was still 16 Q. But there was no final grinding or 17 malleable enough to get a curve to it without -- 18 A. It was when it was extruded. After it 17 sanding to get the final fit? 18 A. That's correct. 19 went through the oven it was much more rigid. It 20 still had some flexibility to it, but now it was 19 Q. That really needed to be done when you 20 had the shoe to make sure you had true proper 21 stiff and then it would be cut to length and have 22 the adhesive put on it. 21 conformance? 22 A. Actually it needed to be done after the 23 Q. So you had a rectangle. Would this be a 24 rectangle, kind of like mavbe a board would be like 23 drum had been turned and you knew the exact inside 24 diameter of the drum that you were trying to fit.______ Page 146 Page 148 1 a 2 by 12 beam or something? 1 Q. Briefly what -- and that's for telling us 2 A. No. This rectangle is about a quarter of 2 about the oil-based process. How did the resin- 3 an inch thick, 2 inches wide and 12 inches long. 3 based process work? 4 That's typical. 4 A. Resin-based was different in that after 5 Some would be as narrow as an inch, some 5 it was extruded it was cut, it was then put in 6 might be as wide as 3 inches, some would be as 6 molds and cured, and it was not very flexible. 7 short as 6 inches, some would be as long as 12 to 8 14 inches. 7 MR. COON: This is a good place to break. 8 THE VIDEOGRAPHER: Off the record, 2:44. 9 Q. So generally it would come out as kind of 9 (Whereupon, a break was taken 10 a long, thin plank that would be cut into sections? 10 from 2:44 until 3:02 p.m.) 11 A. That's correct. 11 (Whereupon, Ms. Lisa Brown 12 Q. And these sections would be generally the 12 exited the deposition proceedings.) 13 width that you wanted to use for the actual brake 13 THE VIDEOGRAPHER: On the record, 3:02. 14 lining? 14 BY MR. COON: 15 A. That's correct. 15 Q. Mr. Liggett, we have gone through some of 16 Q. And you were -- they were still -- the 16 the documents that were produced to us from 17 product was malleable enough at that point to put a 17 Maremont and some of them talked about a company -- 18 curve to it that would be relatively representative 18 let me find it here. I thought I had the right 19 of the fit on the brake shoe? 19 one. It's a new Venezuelan trademark application. 20 A. Well, it was extruded such that it did 20 Do you know anything about efforts by 21 have a curve and it would be coiled up and big 21 Maremont or Nutum to take products that they were 22 coils would be cured so that as it cured it already 22 manufacturing in America and sell those abroad? 23 had a coil preset to it. 23 24 Q And then once it got into the ovens the___________ 24 BENUSKA REPORTING (630) 834-7828 A. No, I don't. q Do yon know whether or not Maremont-or----------- Page 145 - Page 148 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 149 Page 151 1 Nutum had any manufacturing facilities or assembly 1 A. No, I don't know. 2 facilities or distribution facilities outside the 2 Q. You don't know if Maremont just created 3 United States? 3 it as a separate subsidiary or separate line of 4 A. Are you asking if Maremont or Nutum had 4 products? 5 any facilities outside the United States? 5 A. I don't know that. 6 Q. Yes, sir, involved in the manufacturing 6 Q. Anything about when it came into 7 or distribution of anything that contained 7 existence or when it ended its existence? 8 asbestos? 9 A. Not that I'm aware of. 8 A. No, I don't know. 9 Q. Do you know anything about the products 10 Q. Do you know anything about any activities 10 that they manufactured under the Leland names? 11 in Venezuela? 11 MR. CANONI: objection as to form. 12 A. No, I do not. 12 THE WITNESS: I don't believe they 13 Q. Did you know a Mr. John Mills at 13 manufactured any parts under the Leland name. I 14 Maremont? 14 think they bought those and redistributed them. 15 A. I did not personally know him. I 15 BY MR. COON: 16 recognize the name. 16 Q. I think we talked about that a little bit 17 Q. Do you know who he was? 17 earlier. Was there a redistribution under any kind 18 A. I believe he was in the legal department. 18 of rebranding where they acquired stuff and put any 19 Q. Any reason that you know of why Maremont 19 of the Maremont trademarks or names on it and then 20 would have been registering the Grizzly trademarks 20 resold them or put them back into the marketplace? 21 in other countries? 21 A. To the best of my knowledge they did not 22 A. No, I wouldn't. 22 try to put a brand or trademark on it. They were 23 Q. Do you know if there were any efforts 23 just a company that brought together from many 24 during the vears of vour tenure for anv companies 24 sources these parts and vou could now go to one Page 150 Page 152 1 outside the United States to manufacture products 1 source to get the parts for under your truck. 2 with the same trademarks as Maremont or Nutum had 2 Q. Do you know whether or not Maremont or 3 for sale either in other countries or in the United 3 Nutum rebranded any other company's friction 4 States? 4 materials or brake assemblies? 5 A. I'm not personally aware of that. 5 MR. CANONI: objection as to form. 6 Q. Did you hear of anything like that? 6 THE WITNESS: Say that again please. 7 A. No, I didn't. 7 BY MR. COON: 8 Q. We were also provided some brochures. 8 Q. Yes, sir. Do you know whether or not 9 And Counsel, this is one marked 3162 sequentially, 9 Maremont or Nutum ever engaged in the practice of 10 it's a Leland quality parts. 10 what I call rebranding, that is they would take 11 And you mentioned them earlier I believe 11 products that they manufactured, say the Paulding 12 in your testimony, didn't you, sir? 12 facility on the friction materials, you told us 13 A. Yes, I did. 13 about all the different trade names of the friction 14 Q. They listed parts for axles, brakes and 14 materials that came out of there, correct? 15 wheels for use on trucks, tractors, trailers and 15 A. Okay. 16 buses. That's kind of broad categories. But first 16 Q. Did they ever take thosesame product 17 let me ask you, as I recalled Maremont owned the 17 lines that came out of the Paulding facility and 18 Leland product line? 18 allow some other company to call those products 19 A. That's correct. 19 that came out of that facility their own products? 20 Q. Was Leland in business for itself before 20 For instance, give me one of your competitor's 21 Maremont acquired it? 21 names again. 22 A. I don't know. 22 A. Bendix. 23 Q. Do you know when it was acquired or if it 23 Q. Okay, Bendix. Somebody like Bendix where 24 even was an acquired hnsiness?_________________ 24 they make arrangements for the Paulding facility to------- BENUSKA REPORTING Page 149 - Page 152 (630) 834-7828 T William Cotton vs. A.P. Green Multi-Page Carl Liggett, 8-15-02 Page 153 1 make friction materials and then allowed Bendix to Q. Would the trade name be on there? Page 155 2 put the Bendix name or logos on it. Any kind of 3 agreements like that with anyone? 4 A. I'm not aware of any. A. No. Q. Just code numbers? A. Just some code letters. 5 Q. The reverse of that; are you aware of any 6 circumstances where Bendix or some other company Q. And for a lay person how would you distinguish one company's friction material from 7 that was in the business of making friction 8 materials allowed or had some sort of agreement, 9 either written or otherwise, with Maremont or 10 Nutum in which that company made the product and another with those code numbers? A. There is an organization called FMSI, Friction Material Standard Institute, and each manufacturer would register their code with them. 11 allowed Maremont or Nutum to put their names or 12 trademarks on them? 13 A. Not that I'm aware of. 14 MR. CANONI: other than what he's already Q. And what was the purpose of doing this? A. So that you could tell whether or not you made the lining. Q. And what was the purpose of being able to 15 testified to? 16 MR. COON: I'm trying to remember any determine whether you made the lining once it got into the marketplace? 17 examples. 18 MR. CANONI: Testified at least to Lear A. I guess just so if there was -- someone said that your lining didn't stop their car you 19 Seigler. 20 BY MR. COON: 21 Q. Yeah, Lear Seigler. Anything other than could look at it and see if it was yours. Q. Okay. That would be from a product defect standpoint? 22 that? A. I would assume. 23 A. Well, in that situation we would just be 24 selling brakes that had their lining on it. We__________ Q. Any other examples of reasons you would think that you would have this coding on the edge Page 154 Page 156 1 wouldn't change the Lear Seigler identification to 1 of the brake shoe or disc? 2 one of our own. 2 A. It gave the friction characteristics so a 3 Q. Was Lear Seigler identified in any way on 4 those products? 5 A. Typically on the edge brand the 6 manufacturer would be identified. 3 mechanic that was familiar could tell if you were 4 putting high performance or low performance 5 products on a given vehicle. 6 Q. From the standpoint of replacement, could 7 Q. When you shipped out the friction 7 a mechanic look at the disc, or say the brake 8 materials from the Paulding facility what 8 lining when he takes the drum off and disassembles 9 identifying marks were there on the product itself? 9 it, can he look at the edge? 10 A. The edge brand had an MG. 10 Is there still enough material there 11 Q. What do you mean the edge brand? 11 typically to look at the edge and determine the 12 MR. CANONI: Do you mean edge code? 12 characteristics that you just described for 13 THE WITNESS: Edge code. 14 BY MR. COON: 13 replacement purposes? 14 A. At some point there is no longer enough 15 Q. What do you mean by the edge code? 16 A. As you extrude this there was a little 15 left to see it. 16 Q. That's just because of the grinding of 17 wheel that imprinted an indented -- or printed mark 17 the brake lining, as it gets to the point of repair 18 on the edge of the lining so that if you held a 18 the coding's been worn offjust like the rest of 19 shoe up and looked at the edge of it you could tell 20 what friction characteristics it was and who made 19 the lining's been worn off? 20 A. That's correct. 21 it. 22 Q. What would typically be on that edge? 23 Would the trademark be on there? 21 Q. So from the standpoint of a replacement 22 it typically is difficult for the mechanic to look 23 at the edge of the lining and determine from it 24 ___ A No________________________________________ ___ 74 what the proper replacement product would he if he------ BENUSKA REPORTING Page 153 - Page 156 (630)834-7828 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 157 I Page 159 1 was just trying to get as close as he could to the 1 A. Not to my knowledge. 2 same quality of lining as was on there originally? 2 Q. The only time to your knowledge Maremont 3 MR. CANONi: objection as to form. 3 or Nutum was involved in actual assembly of their 4 THE WITNESS: That's probably correct. 4 products where they went on as a new kit was in 5 BY MR. COON: 5 their dealings with Sears? 6 Q. With respect to the original equipment, 6 A. That's when they went on a new brake shoe 7 were there catalogues that provided the specific 7 8 information on the quality and characteristics of 8 Q. Yes, sir. 9 the OEM brake lining? 9 A. -- but for Sears Service Centers those 10 A. No, not the quality characteristics, just 10 were not sold to Ford or Chevy dealerships. 11 the friction characteristics. 11 Q. Was anything on the kits that were made 12 Q. Was Maremont or Nutum ever involved in 12 for the Sears product lines that we've been talking 13 any kind of rebranding agreement just with the 13 about, did they ever have markings on them that 14 manufacturers where, for instance, if someone were 14 indicated it was a Maremont or Nutum product or a 15 to go to a Chevy dealer with a Chevy vehicle and 15 Sears product or did they come in an unidentified 16 want genuine Chevrolet or genuine GM replacement 16 box? What kind of labeling was involved? 17 parts, did any of those replacement parts for GM, 17 A. I'm confused what you're asking. 18 Ford, Chrysler, any of the manufacturers ever come 18 Q. Yes, sir. The boxes that you told us the 19 from Maremont or Nutum? 19 assembled kits were put in at the Nashville 20 A. Maremont did not sell to the original 20 facility for distribution to the Sears repair 21 equipment or the original replacement market. 21 centers under this replenishment agreement - 22 Q. And I take it then as I understand how 22 A. Right. 23 this worked it would be unlikely for Maremont or 23 Q. -- did they go in a certain shape or 24 Nutum to have their friction materials on brake_______ 2 color box that identified it as being a Sears____________ Page 158 Page 160 1 linings that went on to replacement vehicles where 2 the replacement was through a name identified with 1 product line or a Maremont or Nutum product line? I 2 A. They went as a Sears product line. 3 the original equipment such as Motorcraft, Mopar or 3 Q. Was Nutum or Maremont logo'd or 4 General Motors? 4 trademark identification characteristics on the box 5 A. If you're asking did Maremont's products 5 on the outside, on the inside, on instructions or 6 ever end up with those trade names, the answer 6 on any of the pieces of the assembled product or 7 would be no, they did not. 7 even the disassembled parts? 8 Q. It had to be because the only time you 8 MR. CANONI: Objection as to form. 9 all were selling just the friction material was to 9 THE WITNESS: For Sears? 10 companies that were doing the rebuilt kits? 11 A. Maremont was never sophisticated enough 10 BY MR. COON: II Q. Yes, sir, for the ones that went to 12 in its technology or large enough in its 12 Sears. 13 manufacturing volume to handle accounts of that 13 A. No, they weren't. 14 size. 14 Q. So if you went to Sears and got one of 15 Q. Okay. I'm just trying to work through 15 these Sears mechanics to do the complete brake shoe 16 that process though as well. The friction 16 replacement and they opened up the box, unless they 17 materials that were made at the Paulding facility 17 knew the arrangements between Sears and Maremont 18 went on products that were in the rebuilt kit 18 they wouldn't have anything in the box to indicate 19 market? 19 to them who the actual manufacturer of the product 20 A. That's correct. 20 was or who assembled the product? 21 Q. And to your knowledge were any of the 21 A. That's correct. 22 major manufacturers ever involved in purchasing 22 Q. Do you know of any reasons that Sears 23 rebuilt kits to sell as new replacement parts for 23 would have wanted to have their identifying names 24 their vehicles?_______________________________ _ BENUSKA REPORTING (630) 834-7828 2L or logos on the products since yon all had an----------------- Page 157 - Page 160 T William Cotton vs. A.P. GreenMulti-PageTM ______________ Carl Liggett, 8-15-02 Page 161 Page 163 1 arrangement where these were for the kits just sold 1 He's not involved in picking out the 2 to the Sears center for replacement to a customer's 2 product at all, is he? 3 car any way? 3 A. I don't think so. 4 MR. CANONI: objection as to form. ( 4 Q. Typically he just goes in and says I need 5 BY MR. COON: 6 Q. Do you understand what I mean? 5 new brakes? 6 A. I'm trying to compare this if I went to 7 A. I'm confused. 8 Q. Yes, sir. Well, if the Sears customer 7 Sears to buy a battery and I want a Sears Die Hard 8 battery. I don't know who makes the Sears Die Hard 9 went to a Sears store to get the brake shoes 10 replaced -- 11 A. Right. 9 battery. I don't know if that's made by one 10 company or four different companies or different 11 levels, I just go get a Sears Die Hard. 12 Q. - where he wants Sears mechanics to do 12 I think that's what people did, they went 13 it~ 14 A. Right. 13 to get Sears brakes for their car. 14 Q. Right. And when we're talking Die Hard 15 Q. - he's not going to go up to a parts 15 that's a trade name that has identifying 16 counter and pick out the company's parts that he 16 characteristics to the customer, right? 17 wants to be put on there, correct? 17 A. That's true. 18 A. That's correct. 18 Q. In terms of durability. It has a 19 Q. He can't go up there and say I want the 19 reputation for being a good batteiy? 20 Bendix brakes put on the car, right? 20 A. It has a reputation for being a Sears 21 A. That's right. 21 battery. 22 Q. He just goes in to get his brakes 22 Q. Right. And it's a Die Hard battery. 23 replaced. 23 Sears makes other batteries too, or sold other 24 A That's right. 24 batteries, did they not?_______________________________ Page 162 Page 164 1 Q. He doesn't have a clue who actually l A. I don't think so, but I don't know. 2 manufacturers the brakes. 2 Q. Okay. With respect to the brake shoes 3 A. That's right. 3 where they go in there and say I want a particular 4 Q. And he doesn't really have a choice in 4 trade name of brake shoe, like I want a Sears 5 the matter, correct? 5 Grizzly brake shoe. 6 A. That's correct. 6 A. I don't understand the question. 7 Q. He just goes in and he gets whatever they 7 Q. You have batteries that have a trade name 8 use, and what Sears used was your product? 8 of Die Hard. 9 A. That's right. 9 A. Okay. 10 MR. CANONI: objection as to form. 10 Q. The brake shoes and other parts that were 11 BY MR. COON: 11 sold to the Sears stores for application on a 12 Q. Is that correct? 12 customer's vehicle did not have a trademark name? 13 A. I think so. 13 A. That's correct. 14 Q. Under most circumstances. You explained 14 Q. So they can't go in there and say for 15 for us I think sometimes it did not occur. But for 15 instance all of these different names that you told 16 the most part that's the way it worked. 16 us earlier were the trade names of the friction 17 So in that scenario the customer isn't 17 materials or brake shoes that were sold or 18 picking up off the shelf, is he, the product he 18 assembled by Maremont and Nutum, like Grizzly, 19 wants to apply. 19 those were your identifying trade names, right? 20 He's not going to say I go to this wall 20 A. They were sold by Maremont primarily to 21 and I pick out brake shoes that are for my vehicle 21 the rebuilder market where the rebuilder could 22 and now I recognize that Sears trade name so I'm 22 identify with these different brands. 23 going to pick them out and give them to the 23 Q. Sure. 24 mechanic to put on my car___________________________ 24 BENUSKA REPORTING (630) 834-7828 A What was sold to Sears was a set of-------------------- Page 161 - Page 164 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-Q2 Page 165 Page 1 brakes, period. 1 more. You got the warning. Anything else? 2 Q. And they may be Grizzly or one of the 3 other names you gave us, but from the customer's 2 A. There was probably a mileage guarantee on 3 some of them. 4 standpoint they would have no clue? 4 Q. Do you recall what the mileage guarantees 5 A. That's correct. 5 typically would have been with the different types 6 Q. And on the boxes themselves were no 6 of products? 7 identifying characteristics or logos or trademarks 7 A. I believe the oil-based lining was 25,000 8 of Maremont or Nutum in terms of which product was 8 miles and the resin-based lining was 40,000 miles. 9 being provided, correct? 10 A. That's correct. 9 Q. Let me ask you this. First, anything 10 else that you can recall on the boxes? 11 Q. Just said Sears? 11 A. Nothing I can recall right now. 12 A. That's correct. 12 Q. We were also provided with a Sears 13 Q. Do you recall anything else that would 13 brochure, it's called The Story Of A Quality 14 have been contained on the box other than 14 Lining, Sears S-40 Brake Shoes. Does S-40 have an 15 information identifying them as Sears products? 15 type of relevance to you? 16 A. As far as logos or trademarks? 16 A. I can't recall exactly. 17 Q. Sure, anything. What would a typical box 18 look like? 17 Q. Do you know whether or not Sears had more 18 than one name or trademark or whatever you want tc 19 Mechanic goes and pulls it out, I guess 20 you would have to have information showing some 19 call it for their product lines other than S-40? 20 A. Well, they had the 40,000 mile resin- 21 kind of part number to identify it as fitting on a 21 based product that was used in their service center 22 certain type of vehicle, make and model, correct? 22 for the complete brake job, they had the 25,000 23 A. That's correct. 23 mile Over-The-Counter for the do-it-yourselfer. ?4 O. Anvthing else other than the name? 24 O. Do vou know if the S-40 indicates that's Page 166 Page 1 A. There would be a date code. 1 the 40,000 mile product? 2 Q. And what would the date code reflect, 2 A. You know, I don't recall, but that would 3 when it was manufactured? 3 seem logical. 4 A. The month and year it was manufactured, 4 Q. Let me show you this briefly. Have you 5 assembled. 5 seen this? 6 Q. Is there any relevance to that in terms 6 Counsel, this is 1436 and sequential 7 of the longevity of the product? 7 pages. 8 A. Just so if there was ever a problem you 8 Have you seen that kind of brochure 9 would be able to identify the time period - 9 before? 10 Q. It's not like milk -- 10 A. I have seen this document, but I have 11 A. -- that it was assembled. 11 never read all of it. 12 Q. -- there's no expiration date on them, is 12 Q. Okay. Do you know why Sears would have a 13 there? 13 sales brochure that to me would appear to be 14 A. No, there is not. 14 something that would be sent out to other people to 15 Q. Okay. So it's just to be able to 15 promote sales? 16 identify to go back to a patch in time when a 16 MR. CANONI: objection as to form. 17 product was made if there was a problem? 17 THE WITNESS: Ask that again. 18 A. That's correct. 18 BY MR. COON: 19 Q. Quality control issues? 19 Q. Yes, sir. I'm just trying to 20 A. That's correct. 20 understand. We have a Sears catalogue here that 21 Q. Anything else you can think of? 21 talks about one of the product line. We again 22 A. There was a warning that the product 22 would presume this to be something that actually 23 contained asbestos fibers. 23 came from Nutum or Maremont, right? 2L.___ Q We're going to talk ahnnt that a little____________ 2.___ A Okay______________________________________ BENUSKA REPORTING Page 165 - Page 168 (630) 834-7828 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 169 Page 171 1 MR. CANONI: Objection as to form. l Q. Sure. Please look at the first page. 2 BY MR. COON: 3 Q. The -- it goes into talking about the 4 product and how it's made, manufactured and ; 2 It's got Sears stamped on it. Is that a picture of 3 your company? 4 A. This is typical of the manufacturing 5 everything. 6 First, do you have any clue as to who 5 process at Paulding. That could have been taken at 6 the Paulding plant. 7 this type of brochure would have been intended for? 7 Q. Okay. And what that would show there is 8 A. Yes, I do. 8 a large stack of the brake linings? 9 Q. Who would that have been? 9 A. It looks like brake linings that have 10 A. The people that were trying to talk 10 been riveted to the brake shoe. 11 customers into getting a complete brake job instead 11 Q. Okay. Now, the riveting to the brake 12 of just buying the Over-The-Counter do-it-yourself 12 shoe, did that occur in Paulding or Nashville? 13 shoes. 13 MR. CANONI: objection as to form. 14 Q. So if a guy wanted to come in for the 14 BY MR. COON: 15 inexpensive brake job that would just involve 15 Q. Or somewhere else? 16 replacing the shoes, they might be talked into 16 A. It occurred in both. It occurred in 17 getting the higher end product line and the 17 Paulding prior to that process being moved to the 18 complete product line after looking at additional 18 Allied Drive facility in Nashville, then it 19 information? 19 occurred in Nashville. 20 A. After being told additional information 20 Q. Well, I lost you there. I thought at 21 by a mechanic or sales representative who had been 21 some point we determined that the friction 22 trained in the differences and the features of the 22 materials were made but no assembly occurred at the 23 two products. 23 Paulding facility? ?4 O. Do vou know how the compensation svstems 24 A. I believe I - Page 170 Page 172 1 worked for the Sears mechanics or people who worked 1 Q. I might have been mistaken. 2 in those departments? 2 A. -- spoke earlier saying they moved that 3 A. No, I don't know. 3 to Nashville, Tennessee, when they got the Sears 4 Q. Do you know if they were flat-salaried 4 business because the Paulding plant couldn't handle 5 folks or if they worked on commissions or a 5 the increase in volume and it put the assembly in 6 combination? 6 Tennessee close to where the trucks were running to 7 A. I don't know. 7 pick up the mufflers and the shocks. 8 Q. Did you have anything to do with the 8 Q. Can you tell from that photo if that is 9 putting together of this type of brochure? 9 the Paulding facility or possibly the Nashville 10 A. No, I did not. 10 facility after the transfer of location occurred? 11 Q. Do you know whether or not folks at 11 A. Well, I can't tell for sure it was either 12 Maremont or Nutum assisted Sears in putting this 12 facility. I just know that they did rivet, stack 13 information together? 13 them on boards and stacked them that way at the 14 A. I don't know who did that. 14 Paulding facility. 15 Q. All these pictures in here appear to be 15 Q. And if you look a page or two in I think 16 pictures of the manufacturing process of the brake 16 there's a couple more photos. Can you identify 17 linings as well as some other photos. But Sears, 17 that photograph? 18 to your knowledge, did not have their own 18 A. No, I can't. 19 manufacturing facility, did they? 19 Q. Next page? 20 A. To the best of my knowledge they did not. 20 A. That would be a picture of a Littleford 21 Q. So all these pictures when it talks about 21 mixer. That's very typical of how the batches in 22 Sears in here, are these pictures of your company? 22 Paulding, Ohio, were prepared. 23 A. Would you like for me to look at any 23 Q. The page on the bottom there, is that 2fL particular photo?__________________ ;__________________ _24_ 1439?______________________________________________ BENUSKA REPORTING Page 169 - Page 172 (630) 834-7828 William Cotton vs. A.P. Green Multi-Page1 Carl Liggett, 8-15-02 Page 173 Page 175 1 A. Yes, it is. 1 Q. Which just tells you how well it's going 2 Q. So there is two photos there, the top 3 photo shows - I tell you what, if you don't mind, 2 to grab? 3 A. Tells you how well it is going to grab, 4 could you turn it around, aim it at the camera and 5 explain what that is? 6 A. Both of these photos are consistent with 4 and also it tells you how much it is going to wear 5 to stop a given amount of energy. 6 Q. And we have two more sets of photos 7 the manufacturing process that occurred in 8 Paulding, Ohio. The top one is a Littleford mixer 7 here. If we can again show this for the camera. 8 The bottom two pictures there -- again can you tell 9 that's mixing the formula or recipe, the bottom 10 photo shows the linings being put into an oven for 9 if those photos were taken at your Paulding 10 facility or even your Nashville facility? 11 curing. 12 Q. So if we look here this would be a - the 11 MR. CANONI: The bottom two? 12 BY MR. COON: 13 lady here would be an operator? I can't tell if 13 Q. Any of those photos. 14 that's a lady or gentleman. 14 A. I can tell you that they were not the 15 A. I can't tell either. I think it's a 16 gentleman. 15 Nashville facility. I can tell you that they could 16 be and probably are the Paulding facility, but 17 Q. That would be one of the operators for 17 there's not enough there for me to tell for sure. 18 the mixer? 18 Q. If we look at the bottom, I take it we 19 A. That's correct. 19 have somebody checking the lining inspection 20 Q. And then on the bottom if we can show 20 process? 21 that for the camera again, this is a gentleman 22 operating a forklift and bringing in a stack of the 21 A. That's correct. 22 Q. That's again a quality control issue? 23 brake linings? 23 24 A. That's a rack that the linings would be__________ 24 A. That's right. O. And then there is a gentleman on the____________ Page 174 Page 176 1 put on different layers so you could put many 1 right-hand bottom that's called a brake shoe 2 linings at one time into the oven and he would pick 2 inspector and he's doing the same thing? 3 that rack up with a forklift and take it in and out 3 A. Well, in the photo here the linings have 4 of the oven. 4 been assembled to the shoe and he is looking at an 5 Q. So the doors here, this is what actually 5 assembled friction material shoe combination. 6 opens up into the oven? 6 Q. To make sure all the rivets are in place 7 A. That's correct. 7 and that the linings properly adhere to the shoe? 8 Q. And I think there is somebody else 8 A. Whether it's riveted or bonded I can't 9 standing inside the oven there, so I take it it's 9 tell from this photo. 10 not always hot? 10 Q. Some of both kinds occur? 11 A. Well, it's cool when you go in, they shut 11 A. That's correct. 12 the door, it goes through a predetermined heat 12 Q. How were they bonded? 13 cycle, then it's cooled down and then you can open 13 A. They were bonded by putting stripes of 14 the door and remove the products. 14 adhesive on the back of the lining, then the lining 15 Q. Next page showed what's called a 15 was put against a shoe in a device that spread the 16 dynamometer test of lining. Do you know what that 16 shoe against a band that would contain the lining 17 involved? 17 so you're clamping the lining to the shoe. 18 A. Yes, I do. 18 It would then go through an oven in a 19 Q. What was that? 19 very precise predetermined heat cycle where it 20 A. Dynamometer is where you have a large 20 would heat up, set the lining and then cool down. 21 steel wheel that you start turning so it has a lot 21 Q. And it would essentially bake it onto it? 22 of inertia and then you use a certain size segment 23 of the lining to stop that wheel and you can 24 measure the coefficient of friction_______________ BENUSKA REPORTING (630) 834-7828 22 A. That's correct. 23 Q. And another page or two over there, sir, 24 I believe there is a couple more photos------------------------- Page 173 - Page 176 T William Cotton vs. A.P. Green Multi-Page7 Carl Liggett, 8-15-02 Page 177 Page 179 1 Again those processes, can you describe 1 Q. Do you know whether or not Maremont or 2 for us and identify whether or not they may 2 Nutum made any kind of little catalogues, sales 3 represent the Paulding facility? 3 brochures or pamphlets like these? 4 A. They could represent the Paulding j 4 A. I don't know. 5 facility. This shows riveting. 5 Q. Next we have -- this is, Counsel, 4693 6 Q. If we can show the camera, sir. 6 sequential -- some additional documents that were 7 A. This shows bonding, and this shows the 7 provided. These are called Grizzly rotary brake 8 stripes of adhesive being extruded onto the back 8 blocks. It says Bear For Wear. Was that just a 9 side of the lining. 9 little jingle for the Grizzly product lines, Bear 10 Q. The top photos, did that show the two 10 For Wear? 11 different ways that the friction material or the 11 A. Not that I'm aware of, but it could be. 12 lining can be adhered to the brake shoe? 12 I would like to see the document. 13 A. Yes, it does. 13 Q. I'll be happy to show it to you. It has 14 Q. And so the one on the top left would be 14 E.M. Smith Company in Los Angeles, California. Do 15 the process of riveting -- that would be a metal 15 you know anything about the E.M. Smith Company? 16 rivet of some sort? 16 A. I believe E.M. Smith was the forerunner 17 A. A brass rivet. 17 of Grizzly. 18 Q. A brass rivet where you'd actually use 18 Q. Okay. You told us earlier you thought 19 brass rivets to adhere the friction material lining 19 there might have been a predecessor to Grizzly. Do 20 to the brake shoe? 20 you think that might be them? 21 A. That's correct. 21 A. I think that might be them. 22 Q. And then the top picture on the right 22 Q. Do you know how long E.M. Smith was in 23 showed that alternative method you just described 23 business with the Grizzly product line of brake 21 which was putting the adhesive on and clamping.them._ 24 shoes?______________________________________________ Page 178 Page 180 1 together and putting them in the oven? 1 A. No, I don't. 2 A. That's correct. 2 Q. But we do know at some point in time, 3 Q. And then the bottom it says applying 3 assuming it was E.M. Smith, it became Grizzly, and 4 epoxy to lining. And if we look here, are these 4 later Grizzly was acquired by Maremont? 5 the individual brake linings? 5 A. I'm presuming E.M. Smith is the 6 A. Those are the individual friction 6 predecessor company. I'm not personally aware. 7 material segments and you can see the little black 7 Q. Now the acquisition of Grizzly by 8 stripes of adhesive on here. 8 Maremont, that occurred when? Was that in 9 Q. So that's a picture of the epoxy being 9 the '50s? 10 applied to the underside of the brake lining when 10 A. To the best of my knowledge that was 11 it's going to be attached to the brake shoe? 12 A. The only thing that I'm hesitating on is 11 about 1942. 12 Q. You believe that Maremont acquired 13 I'm not sure epoxy is the correct word, even though 14 that's what it says. I'm not sure it was an epoxy 15 adhesive. 16 Q. Maybe a misnomer for the type of adhesive 13 Grizzly in the '40s, during World War II? 14 A. No. I believe that in 1942 is when 15 Grizzly moved to Paulding, Ohio. 16 Excuse me, ask your question again. 17 actually used? 17 Q. You think that Grizzly relocated their 18 A. Could be. 18 California offices and manufacturing facility to 19 Q. Does that fairly accurately represent the 19 Ohio around '42? 20 way the process took place at Paulding? 21 A. Again I did not look at the entire 20 A. That's correct. 21 Q. Do you know about what year that Maremont 22 document, but those pictures you and I just 22 23 discussed are very typical of the Paulding 23 24 operation____________________________________________ 74 BENUSKA REPORTING (630) 834-7828 acquired Grizzly? A. I think it was in the 1950s. q Have yon seen brochures like this before?. Page 177 - Page 180 William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8--15-02 Page 181 Page 183 1 A. No, I have not. 1 testified about that. 2 MR. CANONI: You mean brochures from the E.M. 2 This would have been years before 3 Smith Company? 3 Maremont took over the company. I know in the 4 BY MR. COON: 4 production there are Maremont Grizzly catalogues 5 Q. Yes, one like this before. 6 A. I have not seen that brochure or anything 5 that you can ask him about, but he's not here today 6 to talk about E.M. Smith Company products. 7 similar. 8 Q. It has a picture here, let me just show 7 MR. COON: okay. I don't have any of those 8 other ones on me. So if you don't mind, give me 9 you page 2, called the Grizzly rotary brake block. 9 the liberty of just asking him a few questions 10 Is that somewhat representative of the brake blocks 10 here. 11 that you've been describing for us today? 11 MR. CANONI: I just want to make sure that 12 A. I'm not personally aware of this 12 everybody understands these products were not 13 product. I'm looking at it to see if it's used on 13 necessarily manufactured by Maremont. 14 truck and automotive or perhaps it could be used in 14 MR. COON: Right. We haven't established 15 some industrial application. 15 whether this witness knows whether or not any of 16 Here's one that says for well pulling 16 these product lines continued with Maremont after 17 machines. 17 their acquisition of Grizzly. 18 Q. That was another question I was going to 18 MR. CANONI: No. I think he said he was 19 ask you. Were you aware of at any time after 19 familiar that they did not. 20 Maremont's acquisition of Grizzly if Maremont, or 20 MR. COON: Okay. Well, let me ask you - 21 later Nutum, was involved in manufacturing or 21 MR. CANONI: whatever. 22 assembling any asbestos friction materials for 22 BY MR. COON: 23 industries other than automotive? And by 23 Q. Maybe I didn't understand. With respect 24 automotive meaning even heaw trucks. 24 to these, let me first ask vou about these blocks. Page 182 Page 184 1 A. No, I'm not. 1 Do you know what any of this stuff means over here, 2 Q. Are you aware of them doing so for 2 the name of Drawbacks, what those are? 3 tractors or cranes or other type of equipment that 3 MR. CANONI: Draworks? 4 involve the usage of clutches or brakes? 4 BY MR. COON: 5 A. I'm not personally aware of it. 5 Q. Is it Draworks? What are Draworks? 6 Q. In looking over the discovery responses I 6 A. I don't know what Draworks are. 7 talked to you about earlier there is a preliminary 7 Q. Do you have any understanding of what any 8 statement given by Maremont that states that 8 of that information relates to? 9 Maremont purchased assets from a company known as 9 A. Here's something that mentions a 46 inch 10 Grizzly Manufacturing in December of 1953. So 10 diameter brake rim and a 54 inch diameter brake 11 maybe that answers the question. 11 rim. There's no automotive or truck application 12 Does that sound pretty consistent with 12 that I'm aware of that would even begin to approach 13 your memory- 13 that. 14 A. Yes, it does; 14 So I don't think it's automotive and I 15 Q. -- of what you've heard about the 15 don't know what that is. 16 company? 16 Q. What are the largest typical applications 17 A. What I've heard. 17 for these brakes in a passenger or a commercial 18 Q. Do you know anything about these blocks 18 vehicle application? 19 that they are talking about being used in any of 19 A. 18 to 20 inches. 20 these, what they call these Draworks? I'm trying 20 Q. With these 54 inch diameter brake rims 21 to-- 21 are we talking about something that could be maybe 22 MR. CANONI: Brent, let me just object here. 22 extra heavy duty industrial type trucks that are 23 I mean it's clear from the document that it's not 23 like in mining operations or anything like that? 24 Maremont. I think the witness has already__________ 24 A T don't know what it could he________________ BENUSKA REPORTING Page 181 - Page 184 (630) 834-7828 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 185 Page 387 1 Q. Do you know anything about what it 2 indicates here for these names, what this means, 3 Acme or America or Beaumont Ironworks? 4 Does any of that mean anything to you? 1 Q. How do you know Allis-Chalmers? 2 A. It's an industrial manufacturing company. 3 Q. Look at the last page here. Maybe this 4 will help you a little bit. This is called Grizzly 5 A. No, it does not. ' 6 Q. Do you know if this means locations or 5 oil field products, Grizzly rotary brake blocks, 6 Grizzly full molded brake block linings. 7 names of companies or -8 A, I truly don't know. I believe that was 9 probably before I was bom. 10 MR. CANONI: I think there's a column heading 7 Do you know whether or not those were 8 made by Maremont? 9 A. I'm not aware of them supplying anything 10 to the oil field industry. 11 there. 11 Q. Then we have the X-T Woven rotary brake 12 BY MR. COON: 12 linings. I think earlier we talked about some type 13 Q. It just says name of Draworks, but I 14 don't know what Draworks is. Do you know if 13 of X-T brake lining. Is that the same one, do you 14 know? 15 Draworks indicates a facility? 15 MR. CANONI: Objection as to form. He said 16 A. I don't know. 17 Q. Do you know what a Drawork is? 16 clutches. 17 BY MR. COON: 18 A. No, I don't. 19 Q. Do you know if Maremont had anything that 18 Q. Was that an X-T clutch earlier? 19 A. I thought the X-T Woven applied to the 20 they called a Drawork after they acquired Grizzly? 20 clutch facings. 21 A. No, I don't. 21 Q. Do you know whether or not Maremont was 22 Q. Was there anything such as a Drawork in 22 involved in manufacturing any X-T Woven rotary 23 existence to your knowledge with Maremont or 23 brake linings at any point, or brake blocks? ?4 Nutum? 24 A. I'm not familiar with that. Page 186 Page 188 1 A. I don't know what it means. 1 Q. Do you know if any of these lines were 2 MR. COON: John, do you have any clue? 2 retained after Maremont acquired Grizzly, the No 3 MR. CANONI: I will say that we provided you 3 Whip Line Savers? 4 with the catalogues that we had and it went back to 4 A. No. 5 the '30s when it was, you know, well prior to 5 Q. Power Flex Rotary Hoses? 6 Maremont. 6 A. I don't know. 7 MR. COON: which I think one of those is. 7 Q. Red Line Rotary Hoses? 8 MR. CANONI: I think it's probably an oil 8 A. I don't know. 9 drilling apparatus, well pulling machines they 9 Q. Drill pipe protectors or raw edge 10 have, things like that. 10 beltings? 11 BY MR. COON: 11 A. I don't know. 12 Q. Do you know what a well pulling machine 12 MR. CANONI: Brent, I will say that the E.M. 13 is? 13 Smith Company had lines other than friction 14 A. No. 14 products that may have been retained by it after 15 Q. Do you know if they have brakes or 15 the transaction. 16 clutches on them? 16 BY MR. COON: 17 A. No, I don't. 17 Q. That was the next question. Do you know 18 MR. CANONI: I don't believe that that product 18 if Maremont acquired all of the assets of Grizzly 19 line went with the acquisition, but you have all 19 or just certain assets? 20 the documents that we have. 20 A. I don't know that. 21 BY MR. COON: 21 Q. Next there were a series of photographs 22 Q. There's some stuff here, Allis-Chalmers. 22 that we were also provided. These are dated - 23 Have you heard of them? 23 Bates 7053 I think through 7102, Counsel. ?4 ____A Yes, I have_________________________________________ 2-______ And it looks like it's some kind of slide-------------- BENUSKA REPORTING Page 185 - Page 188 (630) 834-7828 William Cotton vs. A.P. Green________ Multi-PageTMCarl Liggett, &-15-Q2 Page 189 Page 191 1 show or something. Have you seen that set of 1 A. And friction modifiers. 2 documents before? 3 A. No, I have not. 2 Q. And friction modifiers. Do you know 3 whether or not Maremont or later Nutum tested any 4 MR. CANONI: Do you want him to look through 4 of the friction modifiers, resins or asbestos to 5 it? 5 determine for themselves whether or not any of them 6 BY MR. COON: 6 appeared to pose some sort of health risk to the 7 Q. Just briefly. Do any of the photos look 7 workers or end users? 8 familiar to you? 9 A. Yes, they do. 10 Q. Can you tell us what they represent? 8 A. To the best of my knowledge they did 9 not. And let me add that again Grizzly was a very 10 small company, not very sophisticated. I don't 11 A. There is a photo here of the Grizzly 11 believe they would have had the capacity to do that 12 plant in Paulding, Ohio. 12 type of testing. 13 Q. This is one that Maremont acquired in 13 Q. Do you know whether or not Maremont did 14 '53? 14 any such activities after their acquisition of the 15 MR. CANONI: Yeah. It's on page 7055. 15 Grizzly product line up to the time of their sale 16 BY MR. COON: 16 to Nuturn? 17 Q. Okay. And then what's on the bottom of 17 MR. CANONI: I think that's what he was 18 that page, worker in a plant? 18 referring to. 19 A. It's a picture of a laboratory, and I 19 THE WITNESS: That is what I was referring 20 don't know either of the two people and I don't 20 to. 21 recall seeing that laboratory. 21 MR. CANONI: People will use Grizzly and 22 Q. Well, that's the next question, if you 22 Maremont interchangeably because that was the 23 knew that facility pertained to a laboratory after 23 plant. But his answer previously with this lack of 24 it was acquired bv Maremont? 24 sophistication and resources was Maremont.___________ Page 190 Page 192 1 A. Yes, it did. 1 BY MR. COON: 2 Q. And what was the purpose of the 2 Q. In looking at this, sir, was there 3 laboratory? 3 anything about it that you can tell us what the 4 A. To test raw materials and to test 4 intended purpose would have been? 5 production products that were made in the plant. 5 A. Excuse me, I just looked at the first two 6 Q. Would that be for quality control? 6 or three pages. 7 A. Yes, it would. 7 Q. Sure. Just thumb through it. We don't 8 Q. Do you know whether or not any testing 8 need to spend much time on it. 9 was done of any of the products with respect to the 9 A. It appears to be talking about how brakes 10 release of asbestos fibers? 10 are made, what brakes do as far as friction. 11 A. No, I don't think it was. 11 MR. CANONI: I don't think he wants you to 12 Q. Do you know whether or not there were any 12 read the document. He just wants you to tell him 13 tests ever done with respect to any of the 13 if you know what it was used for. 14 materials that were used for the friction material 14 BY MR. COON: 15 products to see whether or not they pose any kind 15 Q. Do you know if this was a sales aid or an 16 of health risk? 16 instructional aid for mechanics or anything about 17 A. Help me understand your question. 17 who put it together or why they put it together? 18 Q. Yes, sir. You told us earlier about a 18 A. I don't know anything about who put it 19 number of the different products or the different 19 together, I don't know why it was put together. It 20 ingredients or materials that were used in the 20 certainly looks like it would be a good sales 21 friction materials, correct? 21 training aid for a brake mechanic. 22 A. Right. 22 Q. Pretty much walks you through how you 23 Q. Included asbestos and some resins and 23 remove and repair and replace disc brakes? 24 some other hinders?______________________________ ___ 24 BENUSKA REPORTING (630) 834-7828 A What the components are and how to____________ Page 189 - Page 192 William Cotton vs. A.P. Green Multi-Page TM Carl Liggett, 8-15-02 Page 193 Page 195 1 inspect them and what they do. 1 A. I don't know who took them and I don't 2 Q. Did Maremont ever have a training program 2 know what the purpose would be. 3 for any of the field mechanics to show them hoy/ to 4 apply products? 3 Q. They seem to relatively accurately depict 4 the circumstances and conditions of the facility as 5 A. What are you calling field mechanics? 6 Q. Just anybody outside their own company, 5 you observed them in the '70s? 6 A. Yes, they do. 7 people that worked at Sears or elsewhere that would 8 have applied their products. 7 Q. At the Paulding facility was there one 8 big building that everyone operated under or were 9 A. Maremont did have a training program for 9 there multiple buildings? 10 Sears mechanics. 11 Q. How did that work? 12 A. Maremont had field sales representatives 10 A. There were multiple buildings, but they 11 were I believe all connected. 12 Q. In terms of hallways to each one or just 13 that traveled to the different Sears stores and 14 would train them on how to do brake jobs. 13 extensions or expansions of the existing facility 14 or what? 15 Q. Was this part of the contractual 15 A. That's correct, expansions of existing 16 agreement between Sears and Maremont to be the 17 exclusive provider of the friction -- or the brake 16 facilities. 17 Q. Were most of these opened to one another, 18 shoes for those facilities? 18 shared interior wall space? 19 MR. CANONI: Objection as to form. 19 A. The offices were outside the 20 THE WITNESS: I think it probably was. 20 manufacturing facility but connected by halls and 21 BY MR. COON: 21 doorways. There were test garages and some other 22 Q. Was there anything else that you know was 22 disconnected facilities that were all in close 23 involved in the relationship other than the initial 23 proximity to each other. 24 training and then the stocking and sale of the__________ 24 O, Would it be fair to state that most of____________ Page 194 Page 196 1 product lines you've described for us? 1 the manufacturing processes occurred in areas that 2 A. Can you give me some for instance? 2 were contiguous to each other and not separated by 3 Q. Joint advertising or cost sharing of 3 complete walls? 4 advertising, cost sharing or joint activities in 4 A. That's correct. 5 the marketing of their products for use in Sears 5 Q. And there was just internally I guess 6 stores or anything like that? 6 some kind of floor planning based on the type of 7 A. I'm not aware of that. 7 equipment and the stage of process of the assembly 8 Q. There was another set of photographs that 8 or manufacturing? 9 were provided to us. These are 7103, et cetera. 9 A. That's correct. 10 Do you know anything about that series of 10 Q. Again I don't want to spend a lot of 11 photographs, sir? 12 Can you tell if those represent 11 time, but could you walk us through just a few of 12 these photographs. If we can have the camera show 13 photographs of one or more of the Maremont 13 us here. 14 facilities? 14 If you can just kind of hold those up for 15 A. These appear to be photographs of the 15 the camera and look at them maybe upside down and 16 Paulding, Ohio, manufacturing facility. 16 tell us what they appear to be. 17 Q. And in looking at those does it represent 17 A. This would look like a truck block that's 18 the various different sections of the plant and 18 being inspected. what's entailed in the manufacturing process of the 19 Q. Okay. friction materials? 20 MR. CANONI: Any particular ones you want him A. Yes, it does. 21 to look at? Q. Do you know anything about who took the 22 BY MR. COON: photographs or the purpose of that series of 23 Q. No. Just kind of go through them. photographs? BENUSKA REPORTING (630) 834-7828 24 What's the second one here?------------------------------------------- Page 193 - Page 196 William Cotton vs. A.P. Green Multi-PageTM____________________ Carl Liggett, 8-15-02 Page 197 Page 199 1 A. These are brake linings. 2 Q. Again if we can get it for the camera to 3 see. 4 A. And it looks like they're having an arc 5 put on the outside surface. 6 Q. Arc being a curve? 7 A. A grinding of the outside. 1 just the opposite side of the rivet. 2 Q. Okay. 3 A. That appears to be a disc brake rotor 4 that's scored. 5 Q. And what does scored mean? 6 A. Scored means it's scratched and needs to 7 be turned. 8 Q. And so the gentleman there at the end of 9 the line is grinding the surface to get a proper 8 Q. Okay. You have those machines, machines 9 have -- mechanics have machines that machine that 10 arc? 11 A. That's what I would presume. I can't 10 back out to a smooth finish? 11 MR. CANONI: objection as to form. 12 tell for sure. 13 Q. That's to get the final fit or shape? 14 A. That's correct. 12 THE WITNESS: Yes. Service centers would have 13 a lathe that would turn that. 14 BY MR. COON: 15 Q. Is he grinding on the lining of the shoe? 15 Q. And then we have the brake pad at the top 16 A. Yes, he is. 16 left? 17 Q. Okay. Next page, sir? 18 A. I can't tell what this gentleman is 17 A. That's the disc pad caliper with the disc 18 pad installed. 19 doing. 20 Q. Okay. 19 Q. And the bolts there would show where the 20 drum would go back on and affix a tire to the 21 A. I can't tell what this operation is. 21 assembly? 22 This operation is where a lining is being 22 MR. CANONI: Objection as to form. 23 drilled for riveted application. 23 THE WITNESS: Where the disc would fasten to 24 O. Okav. He's got a large stack. If we can 24 the hub. or the rotor would fasten to the hub. Page 198 Page 200 1 hold it a little more square for the camera. He 1 BY MR. COON: 2 has a large stack of the brake linings, several 2 Q. And next page. 3 stacks of them? 3 A. Shows a drum brake assembled. 4 A. And he picks up one at a time and puts it 4 Q. Okay. And then we can see the actual -- 5 on a fixture with a band that comes around the top 5 can you point out the brake shoe and the springs 6 to hold it tight to the fixture and then has a 6 and how those springs hold that in place? 7 drill that's drilling two holes at a time. 7 A. Shoe is out here, this is the wheel 8 Q. And how many holes would you drill on 8 cylinder. 9 each lining? 9 Q. If you can hold that a little more square 10 A. I don't recall, but probably 4 to 10. 10 for the camera. There we go. 11 Q. And would the purpose of drilling these 11 A. Those are return springs and these are 12 be so that the rivets could then apply the lining 12 hold-down springs. This is an adjuster to 13 to the brake shoe? 13 compensate for wear - 14 A. Well, the brake shoe has holes for the 14 Q. Now the adjuster was something -- 15 rivets so you would want holes in the lining to be 15 A. -- you have to anchor on. 16 at the same place as the holes in the brake shoes. 16 Q. If you point at the bottom, the adjuster 17 Q. That matches them up. And then does a 17 on the bottom had a little wheel and you actually 18 rivet hold that together? 18 had a little -- or a little tool that you could 19 A. Yes, it does. 19 reach in from the inside of the wheel and turn this 20 Q. And I take it that if you tried to punch 20 to adjust the fit? 21 the rivets through without the hole then it would 21 A. Or some adjusted automatically. 22 damage the lining? 22 Q. Okay. 23 A. Well, you couldn't put the rivet through 23 A. This would be a test car that they would 24 hecanse yon put the rivet through and then form_______ 24 install brakes on and then go nut and drive lip and-------- BENUSKA REPORTING (630) 834-7828 Page 197 - Page 200 William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8-15-02 Page 201 Page 203 1 down the road putting on the brakes at certain 1 Q. And these would have had an asbestos 2 speeds with a decelerometer in the car to measure 2 composition? 3 the rate of stop and see how long it took to bring 4 the car to a halt. 3 A. It would have been a brass wire with 4 asbestos fibers spun around it. 5 Q. Would you be able to compare those with 6 the original equipment specifications on the 5 Q. Okay. 6 A. That's just a picture of the factory, and 7 deceleration of a vehicle? 7 I can't tell what's going on there. 8 a. You would be. 9 Q. Okay. 8 This picture is so dark I can't tell 9 what's going on. 10 A. This shows some of the instrumentation 11 inside the test car. 10 Q. Okay. 11 A. These are racks of lining, but I can't, 12 Q. Okay. 13 A. This shows a test car and a test truck. 12 due to the quality of the picture, tell what's 13 going on. 14 Q. Okay. Again is that at the Paulding 15 facility? 14 Another picture of racks of lining that I 15 can't tell what's occurring. 16 A. Yes, it is. I can't tell what this 16 Q. That's pages 20 and 21. 17 picture is. 17 How many linings would the Paulding 18 Q. Okay. 18 facility have made in a given year? 19 A. This is a picture of the area where this 19 A. I'm not sure I could guesstimate. 20 is a multiple spindle drill that could be drilling 20 Q. Would it be in the millions? 21 lining or truck block for riveted applications. 21 A. Probably in the hundreds of thousands. 22 These are large slabs of truck block 22 This is one of the extruding machines 23 before they're cut into individual pieces. 23 that extruded the oil-based linings. 24 O. Is this where - is this what the product 24 O. Okav. Page 202 Page 204 1 looks like after going through the extruding 1 A. This is a large rivet machine that's 2 system? 2 riveting the truck block to a truck shoe. 3 A. These were not extruded, these were 4 molded in a large press. 3 This is another extruding machine that 4 extrudes either the oil- or resin-based linings. 5 Q. Okay. 5 Q. How big was the facility in Paulding? 6 A. This is another picture of truck block 6 Was there a square footage associated with it? 7 slabs before they're cut into individual pieces. 7 A. There was, and I can't recall that right 8 Q. How were they cut? Was there band saws 8 now. 9 that were used for that? 9 Q. Would it have been in the tens of 10 A. There were saws, they weren't band saws. 10 thousands of square feet? 11 Q. What kind of saws? 11 A. If you want me to give you a wild guess, 12 A. Just a - 12 speculation on my part I would say close to 100,000 13 Q. Circular? 13 square feet. .. 14 A. -- circular saw. 14 These are linings it looks like in the 15 Q. Okay. 15 area where the adhesive would be applied to the 16 A. This is clutch facing yam being coated 16 back side. 17 with the friction modifiers and resins. 17 Q. And this is part of the procedure you 18 Q. And you told us I think there was an 18 showed us earlier where you had what Sears had 19 outside supplier. Was that the Amatex? 19 called an epoxy but it wasn't an epoxy? 20 A. This is the Amatex yam. 20 A. I don't remember that it was an epoxy. 21 Q. If we can see that on the photos a little 21 It may have been. 22 better. That's just the spools of the yam that 22 Q. But that's that process from the other 23 came in from Amatex? 23 photo? 2L.___ A That's correct__________________________________ 2L. BENUSKA REPORTING (630) 834-7828 A This is the same thing where the adhesive------------ Page 201 - Page 204 William Cotton vs. A.P. Green Multi-PageTMCarl Liggett, 8-15-02 Page 205 Page 207 1 is being put on the lining and then it's dried so ; 1 I don't recall any of these as being the 2 they won't stick together. 3 Q. What is the round pipe holding that 2 major rebuilders. 3 Q. That listed, at least from that page 4 assembly for? 4 forward it may be two different sets of 5 A. Well, the adhesive is wet when it goes on 5 identifiers. One there midway through the package 6 and it has a solvent to it. As you dry the solvent 6 says Leland/Grizzly distributors at the top, does 7 off that was taking the fumes away. 8 Q. Okay. That gives us a pretty good idea. 7 it not? 8 A. One appears to be alphabetical and the 9 A. Okay. 10 Q. We next had 1558 sequentially. This is 9 other appears to be by state. 10 Q. So you think they may both be the same 11 distributors by state. Have you seen that set of 11 thing, just two different ways of cross- 12 documents before? 12 referencing? 13 A. No, I have not. 13 A. It would be easy to determine if we 14 Q. It has dates in the top right I believe 14 looked at both lists. 15 '75,9-11-75. That was during your tenure there, 15 MR. CANONI: if you know, you know. 16 was it not? 16 THE WITNESS: I don't know. 17 A. Yes, it was. 17 BY MR. COON: 18 Q. Do any of the names there look familiar? 18 Q. Mr. Liggett, we've covered a lot of 19 A. Let me look. 19 different property lines and activities of the 20 Q. It seems to be somewhat of a state by 20 company. I think we have a pretty good 21 state breakdown of vendors or retailers or 21 understanding of what Maremont and Nutum were 22 something. 22 involved in that's relevant to these proceedings. 23 A. Yes, it does. 23 I next want to turn our attention, sir, 24 o. Anv of that ring a bell? 24 to issues specific to the asbestos. In that regard Page 206 Page 208 1 A. Nothing yet. 1 you first went to work there in '73, correct? 2 Q. Okay. Are you familiar with any 2 A. That's correct. 3 particular state? I think you can probably just go 3 Q. Had you heard prior to your employment at 4 to one state there, maybe Tennessee. 4 Maremont anything with respect to any hazards 5 A. I'm not sure I would be any more familiar 5 associated to working around asbestos? 6 with Tennessee as far as the customers. 6 MR. CANONI: Objection as to form. 7 MR. CANONI: John, to speed up, do you have 7 THE WITNESS: I had heard of potential or 8 any idea what that Sears business entities? 8 alleged hazards working with asbestos. 9 MR. CANONI: 1 think it's probably a list of 9 BY MR. COON: 10 Maremont's customers by state. It's probably a 10 Q. When and under what circumstances? 11 list of the rebuilders. 11 A. Just from the general news media. 12 THE WITNESS: Strictly from reading the names 12 Q. Do you recall about what year or with any 13 it might be heavy duty rebuilders. It may not be. 13 more specificity how it was that you first became 14 but it just -- there's an awful large number of 14 aware of these potential health hazards? 15 trailer and heavy duty looking truck parts. 15 A. I apologize, that was a long time ago. 16 BY MR. COON: 16 Q. Do you know if it was several years 17 Q. With respect to the rebuilders you 17 before you went to work at Maremont, if it was 18 described for us earlier, is the total number of 18 during the time you were in the military or back 19 names reflected there consistent with the number of 19 when you were in college or any way of better 20 folks you all might have been dealing with back 20 defining that? 21 during that time frame? 21 A. I don't recall. 22 A. Let me look here at something. Leland/ 22 Q. Where were you in 1972? We've got a 23 Grizzly distributors. So that would be the heavy 23 summary of all that here, but between the military 24 duty______________________________________________ _ 24 and - weren't yon at Procter & Gamhle?______________ BENUSKA REPORTING Page 205 - Page 208 (630) 834-7828 William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8-15-02 Page 209 Page 211 1 A. Procter & Gamble. 2 Q. Do you know if the Procter & Gamble 3 facility you worked at had any asbestos in it? 4 A. You know, at that time asbestos was a ! 1 doing everything to comply with any OSHA regulation 2 that came out. 3 Q. In 1973 you were in a management position 4 at Maremont at the Nashville facility, correct? 5 very widely-used commodity, so there could have 6 been some gaskets, there could have been some high 5 A. That's correct. 6 Q. Did you, from time to time, meet with 7 temperature applications that had it. 8 I don't think I specifically recall 7 other executives or management folks with the 8 Nashville facility or with Maremont at their other 9 whether or not they did. 10 Q. At the facility you were at I take it 11 that there was no involvement with OSHA with 9 facilities concerning the implementation of these 10 regulations? 11 MR. CANONI: objection as to form. 12 respect to the guidelines and regulations that came 12 THE WITNESS: I don't know if meeting with 13 into being in 1972, was there? 13 other executives would be the appropriate way to 14 A. I was certainly involved with OSHA 14 express it. We were aware at some point, 1 don't 15 regulations at the Procter & Gamble facility. 15 remember the exact year, that these OSHA 16 MR. CANONI: He is asking for OSHA asbestos- 16 regulations were coming out. And as they came out, 17 related regulations. 18 THE WITNESS: No. 17 you know, we were sent copies of the Federal 18 Register, whatever, that made us aware of what we 19 BY MR. COON: 20 Q. To your knowledge you didn't have any 19 had to do and how we had to do it. 20 BY MR. COON: 21 involvement with OSHA with respect to asbestos 21 Q. Was there a point person at Maremont that 22 issues in '72 when those regulations came into 22 dealt with OSHA on these issues? 23 being? 23 A. Not to my knowledge. 24 A. I don't know when those regulations came 24 O. Did Maremont have an industrial hygiene________ Page 210 Page 212 1 into being. l department? 2 Q. We'll assume that they came in about 2 A. No. 3 1972, okay? 3 Q. Did it have a safety and health 4 A. Okay. I had no involvement with OSHA 4 department? 5 regarding asbestos when I was at Procter & Gamble. 5 A. No. 6 Q. Okay. Now when you went to work at 6 Q. Did it have an in-house doctor? 7 Maremont your company was involved in assembling or 7 A. If you mean a doctor that worked for 8 manufacturing some asbestos products or materials. 8 Maremont, the answer would be no. There may have 9 correct? 9 been some doctors that we sent all our people to 10 A. That's correct. 10 for physicals that would occasionally come out and 11 Q. And that's the things we've talked about 11 walk through the plant and look for things, whether 12 here today? 12 they were heat, asbestos, lifting, any type of 13 A. That's correct. 13 problems and give us their advice. 14 Q. Did you have any involvement with OSHA 14 Q. Do you know who the worker's compensation 15 with respect to regulations concerning the asbestos 15 carriers were for Maremont in the early and mid 16 issues as it related to Maremont? 16 '70s? 17 A. Yes, I did. 17 A. No, I don't. 18 Q. Could you tell me how you were first 18 Q. Did you have any involvement with any of 19 introduced into those issues? 19 the insurance carriers with respect to asbestos 20 A. I don't think I can tell you how I was 20 issues at any of the Maremont facilities? 21 first introduced. I just knew that OSHA was 21 A. Yes, I did. 22 beginning to investigate the potential health 22 Q. Could you tell me briefly about those 23 hazards from asbestos, that they were beginning to 23 please, sir? 24 implement air sampling programs, and that we wem 74 A When we became aware of OSHA regulations-------- BENUSKA REPORTING Page 209 - Page 212 (630) 834-7828 William Cotton vs. A.P. Green Multi-Page1 Carl Liggett, &-15-02 Page 213 Page 215 we used our insurance carriers as one source of 1 was first made aware of potential health hazards information and technical expertise on testing our 2 associated with asbestos back in the 1950s. facility. Q. Were these your worker's compensation 3 Counsel, that's Interrogatory 39. 4 Do you know anything about how it was carriers or health insurance carriers or were they one in the same, if you know? 5 that Maremont first became aware of potential 6 health hazards associated with exposure to raw A. I believe they'd be one in the same. 7 asbestos fibers in the 1950s? Q. Any recollection as to the names of those 8 A. No, I don't. carriers? 9 MR. CANONI: Do you want his personal A. No. 10 knowledge or his status as company representative? Q. Who was it that would meet with them? 11 MR. COON: Either one. I mean if he knows A. For the Nashville facility I would be the 12 from - primary contact. 13 MR. CANONI: Well, you've been sort of Q. And with whom did you contact? A. The insurance companies. 14 interchangeably going throughout, so that's why I 15 ask. Clearly he doesn't have any personal Q. But was there an office there in 16 knowledge of what happened before he got to the 17 Nashville that you dealt with, agents or 17 company, but as the company representative he 18 representatives? 18 might. 19 A. You know, I don't know if they came from 19 BY MR. COON: 20 Nashville or if they were sent from some other 20 Q. That's true too. You weren't there in 21 city. 21 the '50s to have personal knowledge of how Maremont 22 Q. And when you met with them what was 22 found out, correct? 23 generally discussed and done? 23 24 A. The air sampling that needed to be done._________ 24 A. That's correct. o. But you were an executive for Maremont_______ Page 214 Page 216 Q. And this was to monitor the working 1 and then later Nutum for a number of years, environment, the air and the area around where the 2 correct? workers were handling asbestos products, 3 A. That's correct. manufacturing asbestos products in the Nashville or 4 Q. And you were personally involved in Paulding facilities? 5 addressing some of the OSHA issues as it related to A. Yes, it was. 6 asbestos in the early and mid '70s? Q. Do you know whether or not any air 7 A. That's correct. sampling had been conducted at any of those 8 Q. And from thatstandpoint were you ever facilities before the OSHA regulations came into 9 eventually apprised of some degree of information effect? 10 with respect to how long Maremont had been aware of A. I'm pretty sure it had been. 11 any potential health effects of working around Q. Had you ever been provided with any of 12 asbestos? 13 the test studies or findings of any industrial 13 A. I don't know how long they had been hygiene studies or air sampling that were conducted 14 advised. prior to the implementation of the OSHA 15 Q. Did you have an understanding that they regulations? 16 had some level of information that preexisted your A. Yes. 17 first employment with them? Q. Do you recall how far back they dated? 18 A. I was made aware that some testing was A. No, I don't. 19 done, that it was slightly above the suggested Q. Do you recall whether or not they dated 20 limits at that time, and that Maremont made changes into the '60s or earlier? 21 to certain processes to collect the dust better and A. I think they were in the late '60s. 22 they then came within the recommended proposed Q. We had in the discovery responses from 23 limits, and I think were even told they had done a Maremont some information indicating that Maremont 24 goodjoh------------------------------------------------------- BENUSKA REPORTING Page 213 - Page 216 (630) 834-7828 T William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8-15-02 Page 217 Page 219 1 Q. Do you know what years that would have 1 Q. And was this done to attempt to maintain 2 involved and what the suggested limits were at that 2 compliance with OSHA regulations over the time 3 time? 4 A. No, I don't. 3 frames that you were employed there? 4 A. Yes, it was. 5 Q. Do you know, or did you ever learn what 5 Q. Was this an ongoing process? 6 suggested levels of exposure were, or permissible 6 A. Yes, it was. 7 exposure levels were that were regulated by OSHA? 7 Q. Were there times in which these tests 8 A. Yes, I do. 8 showed various areas of the facility to not be in 9 Q. What was your understanding of the levels 9 compliance with OSHA regulations at any given time? 10 of exposure that were set as thresholds by OSHA? 10 A. I think there were areas that were 11 A. 5 fibers per cc on an 8 hour time 11 occasionally out of compliance that had to be 12 weighted average. 12 modified to come in compliance. 13 MR. COON: Guys, is this gentleman going to be 13 Q. Do you know whether or not OSHA ever 14 offered for any hygiene purposes in any of these 14 precipitated or initiated their own air sampling in 15 cases? 15 the facilities? 16 MR. CANONI: I don't understand what you 16 A. Yes, I do. 17 mean. 17 Q. Did your insurance carriers also initiate 18 MR. COON: Would he be offered as an expert in 18 their own air sampling? 19 any industrial hygiene or safety practices or 19 A. Yes, they did. 20 industry customs? 20 Q. And did your company initiate its own 21 MR. CANONI: As an expert? 21 independent air sampling? 22 MR. COON: Yeah. 22 A. Yes, it did. 23 MR. CANONI: I don't believe so. 23 Q. Do you know the engineering firms that 24 BY MR. COON: 24 were retained for purposes of either the carrier's Page 218 Page 220 1 Q. I just need to ask you a few questions 1 or Maremont's air sampling? 2 along this line, sir. Do you know anything about 2 MR. CANONI: Objection as to form. 3 how you sample for asbestos fibers? 3 THE WITNESS: No, I don't. 4 A. A little bit. 4 BY MR. COON: 5 Q. Do you know what a Midget Impinger is? 5 Q. Did you have any involvement with the air 6 A. No, I don't. 6 sampling folks that came out, industrial hygiene 7 Q. What's your understanding generally of 7 folks? 8 how the sampling is done? 8 A. Help me understand what you're referring 9 A. You take a personal air pump, which is a 9 to. 10 battery-operated device, put that around your 10 Q. Yes, sir. When your company or the 11 waist, you run a little tube up to a filter that's 11 insurance carrier sent hygienists or qualified 12 in the breathing zone area, you wear that for a 12 people in to do the air sampling, did you ever meet 13 measured amount of time and then you take the 13 with them, discuss what was being done, supervise 14 filter, either send it to a NIOSH certified lab 14 or observe their activities? 15 that can do the counting or you have a NIOSH 15 A. Yes, I did. 16 certified employee and they prepare the filter and 16 Q. Would you be provided with the reports or 17 put it under a phase contrast microscope and count 17 findings of those air samplings? 18 the fibers. And the number of fibers on the amount 18 A. Yes, I would. 19 of time they wore the filter can give you an 8 hour 19 Q. Who would you report to at Maremont with 20 time weighted average. 20 respect to your involvement with OSHA or these 21 Q. Did you personally observe these types of 21 hygienists that would come out for air sampling? 22 tests being conducted on your employees at the 22 MR. CANONI: I don't know that the witness has 23 Paulding or Nashville facilities? 23 said that hygienists came out to do the sampling. 24____ A Yes, T did________________________________ _ BENUSKA REPORTING (630) 834-7828 24 That's my problem with the question. People--------------- Page 217 - Page 220 William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8*-15-02' Page 221 Page 223 1 definitely sampled. I just don't want to -- 1 condition? 2 BY MR. COON: 2 A. I don't know for sure when the annual 3 Q. You don't know if the people who came out 3 physicals started. 4 were hygienists by background or who they were from 4 Q. Do you know that OSHA regulations 5 a qualification standpoint? 5 required annual chest x-rays and pulmonary 6 A. I know that some of the internal people 6 functions of certain individuals in high risk 7 doing the testing were not hygienists. They would 7 areas? 8 put the pumps on people but they would send them 8 A. Yes, I do. 9 out to a lab where a hygienist or someone certified 9 Q. Are you aware of any efforts by Maremont 10 would do the counting. 10 to initiate chest x-rays or pulmonary function 11 Q. To get the analysis? 11 studies of their employees before the 12 A. That's correct. 12 implementation of OSHA regulations? 13 Q. When, to your knowledge, was the first 13 A. I don't know the answer to that. 14 air sampling conducted at any of the Maremont 14 Q. To your knowledge there were none? 15 facilities? 15 A. I don't recall there being any. 16 MR. CANONI: When to his personal knowledge? 16 Q. From the time that OSHA had initiated 17 BY MR. COON: 17 these regulations and -- let me backup. I take it 18 Q. Yeah. 18 that once OSHA initiated regulations requiring 19 A. I don't recall. 19 annual physicals that Maremont complied? 20 Q. Did you ever get to see any of the actual 20 A. That's correct. 21 documents reflecting the air sampling that was 21 Q. And during that compliance period through 22 being conducted at any facilities before you went 22 the duration of your employment with Maremont, and 23 to work there? 23 later Nutum, were you ever aware of any diagnosis 24 MR. CANONI: other than what he's already__________ 24 of pulmonarv abnormalities in any of the emplovees? Page 222 Page 224 l testified to? l A. None. 2 BY MR. COON: 2 Q. You're not aware of any? 3 Q. You said you were aware of something in 3 A. I'm not aware of any. 4 the '60s? 4 MR. CANONI: Brent, I think there is an 5 A. I thought it was in the '60s. 5 Interrogatory response talking about some medical 6 Q. Do you know if it could have been in the 6 exams and when they may have been done. 7 '50s? 7 BY MR. COON: 8 A. It could have been. 8 Q. You had stated some degree of familiarity 9 Q. Do you know what had precipitated any of 9 with the company called the Friction Materials 10 those air samplings in the '50s or '60s? 10 Standards Institute? ll A. To the best of my knowledge it was ll A. Yes. 12 general information only. As people began to be 12 Q. Were you ever a personal member of that 13 aware of the potential hazards they wanted to 13 " 14 establish some baseline information. 14 A. No, I wasn't. 15 I would just say that again there had 15 Q. -- or as agent? 16 been people working at that Grizzly facility for 16 Did you ever correspond with them on 17 many years and there had been no recorded cases of 17 behalf of Maremont or Nutum? 18 asbestos sickness, so it was treated as a potential 18 A. No, I did not. 19 hazard. 19 Q. Do you know any employees or 20 Q. During the years prior to your employment 20 representatives of Maremont or Nutum that did 21 do you know whether or not there was any type of 21 correspond with the Friction Materials Standards 22 annual physical conducted of any of the employees 23 to determine whether or not any of them were 22 Institute? 23 A. Yes, I do. 24 . developing signs of an asbestos-related health BENUSKA REPORTING (630) 834-7828 2A___ Q Who would that have been?_____________________ Page 221 - Page 224 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 1 A. Frank Skelton. 2 Q. What was Mr. Skelton's role? 3 A. He was the head of the testing. 4 Q. That's the air sampling testing? Page 225 , Page 227 1 A. I think we're talking a matter of weeks 2 or months. 3 Q. Any warnings or any labeling that went on 4 in compliance with OSHA or in conformance with OSHA 5 A. No, no, the friction testing. The cars 6 and trucks and dynamometer testing. 7 Q. Okay. 8 A. And Jim Mellow, M-e-l-l-o-w. He was the 9 sales and marketing manager. 10 Q. Was he in Nashville? 11 A. Jim Mellow was in Nashville and Frank 12 Skelton was in Paulding, Ohio. 13 Q. Now, you also understood that when OSHA's 14 regulations came out in 1972 there was a 5 regulations was done in anticipation of the 6 regulations going into effect and Maremont's desire 7 to comply with it? 8 A. That's my recollection. 9 Q. To your knowledge was there any such 10 similar information that had been in the boxes or 11 packaging in the years prior to the OSHA 12 regulations? 13 A. I don't recall whether there was or not. 14 Q. You're not aware of any packaging or 15 requirement for the application of a cautionary 16 label on materials that contained asbestos? 17 A. That's correct. 18 Q. And that admonishment was basically that 19 there was a caution admonishment that the product 15 labeling programs at Maremont that would have 16 entailed notifying the purchasers or users of the 17 product that the materials contained asbestos? 18 A. That's something I do not know. 19 Q. And you're not aware, personally aware of 20 contained asbestos fibers and to avoid creating 21 dust? 20 any efforts by Maremont to provide information on 21 any of the boxes or labeling in the years prior to 22 A. That's correct. 22 those regulations to advise the user to avoid 23 Q. To your knowledge was there any such type 23 breathing the dust emanating from any of the 2L of label on any of the products that were______________ 24 products?___________________________________________ Page 226 Page 228 1 manufactured or assembled by Maremont that 1 A. I don't recall. 2 contained asbestos that first notified the user or 2 Q. Are you aware of any? 3 purchaser that the product did contain asbestos 3 A. I'm not aware. 4 fibers? 5 A. It's my recollection that by the time 4 Q. Are you aware of any labeling or 5 admonishments on any of the boxes or packaging of 6 that regulation came out Maremont was complying 6 any of these products in the years prior to the 7 with it and had that warning printed on all of its 7 OSHA regulations with respect to avoid breathing 8 boxes. 8 the dust or that it can create serious bodily harm? 9 Q. Okay. It's your understanding that at 9 A. That's just an area that I don't know 10 the time the regulation went into effect that 10 about. 11 Maremont was in compliance with the requirements - 11 Q. Again you have no personal knowledge of 12 A. That's correct. 12 any of those things having occurred? 13 Q. -- is that what I understood you to have 13 A. That's correct. 14 said? 14 MR. COON: Is this a good place to change 15 The question I would have then is do you 15 tape? 16 know whether they first started putting the OSHA 16 THE VIDEOGRAPHER: End of tape 2. Off the 17 information on their boxes? 17 record, 4:28. 18 A. No, I don't. 18 (Whereupon, a break was taken 19 MR. CANONI: He just said they put it on when 19 from 4:28 until 4:38 p.m.) 20 the regulations required them to put it on. 20 THE VIDEOGRAPHER: This is tape 3, continuing 21 BY MR. COON: 21 deposition of Carl Liggett. The time is 4:38, on 22 Q. Maybe I misunderstood you. I thought you 22 the record. 23 just said at the time the regulations went into 23 BY MR. COON: 74 effect they were already complying__ So mavhe T -- BENUSKA REPORTING (630) 834-7828 7.4 Q Mr. Liggett, have you heen privy to the--------------- Page 225 - Page 228 William Cotton vs. A.P. Green _______ Multi-PageTMCarl Liggett, 8-15-02 Page 229 Page 231 1 documents at Maremont that related to exchanges of 1 between Maremont and Sears representatives 2 communications between various individuals 3 concerning the implementation of the OSHA 2 concerning Sears questions about the OSHA 3 regulations and asbestos cautionary labels, things 4 regulations and warnings that may need to be placed 4 like that? 5 on the packaging of products made by Maremont? 5 A. Yes, I have. 6 A. Help me with that question please. 6 Q. Did you have any personal dealings with 7 Q. Yes, sir. We've been provided with a 7 any of the Sears representatives or management 8 number of documents that reflect exemplars of 8 concerning the OSHA regulations? 9 cautionary labels that could go on products, 9 A. No, I did not. 10 internal memorandum or memos between various 10 Q. Did you have any discussions with any of 11 individuals at Maremont discussing the asbestos 11 the Sears management with respect to the cautionary 12 issues and OSHA regulations. 12 labels or warnings that would be contained on any 13 I'm just first trying to find out if 13 of the boxes on the AIO shipments to any of the 14 you've been privy to some of those types of 14 Sears stores? 15 documents? 15 A. No, I did not. 16 A. I may have been a party to some of them 16 Q. Do you know anyone at Maremont that was 17 when they occurred. Are you asking if I've 17 involved in that discussion? 18 reviewed them recently? 18 A. Yes, I do. 19 Q. I guess have you reviewed any of them 19 Q. Who would have been the key persons in 20 recently? 20 those roles? 21 A. No, I have not. 21 A. Bob Rogers and Dick Sealy. 22 Q. Have you reviewed some of them in the 22 Q. Mr. Rogers being the president or officer 23 past? 23 -- he was your supervisor at the Nashville 24 A. Not that I recall. 24 facility at that time?_________________________________ Page 230 Page 232 1 Q. Do you recall seeing some correspondence l A. That's correct. 2 that was either addressed to you or from you? 2 Q. But you don't recall his title at that 3 A. No. 3 time? 4 Q. Do you remember what month you came to 4 A. No, I don't. 5 work at Maremont? 5 Q. And who was the other gentleman? 6 A. I believe it was November. 6 A. Dick Sealy. 7 Q. Of '73? 7 Q. And who is Mr. Sealy? 8 A. That's correct. 8 A. Mr. Sealy was in the sales and marketing 9 Q. Did you know a Mr. Sherr, S-h-e-r-r? 9 department and he was responsible for Sears. 10 MR. CANONI: sherr. 10 Q. And did you talk to him from time to time 11 BY MR. COON: 11 concerning any of these issues? 12 Q. Sherr. 12 A. No, I did not. 13 A. Yes, I did. 13 Q. Were you familiar with the parallel work 14 Q. Who was he? 14 done or being done by NIOSH as it related to these 15 A. He was in the corporate legal department. 15 same issues? 16 Q. What about Mr. Hall, J.W. Hall? 16 A. Can you be more specific? 17 A. I don't recall that name. 17 Q. Yes, sir. You were aware of OSHA coming 18 Q. What is an AIO kit? 18 in and formulating certain regulations regarding 19 A. All-In-One. 19 the time weight averages and permissible exposure 20 Q. That's the ones we talked about earlier? 20 levels of asbestos in the workplace effective in 21 A. That's correct. 21 '72, correct? 22 Q. These are the ones for the Sears stores? 22 A. Correct. 23 A. That's right. 23 Q. As well as cautionary labels that were 24 Q Have von seen any of the cnrrespnndenrp:________ 24 going to he required to he placed on certain------------------ BENUSKA REPORTING Page 229 - Page 232 (630) 834-7828 William Cotton vs. A.P. Green Multi-Page1 Carl Liggett, 8-15-02 Page 233 Page 235 1 products and notices that would go into buildings 1 effect and impact on human beings. 2 where workers could be affected, correct? 2 Q. And in what respects did you believe that 3 A. Correct. 3 the asbestos issues as they related to workplace 4 Q. Were you aware of any of the parallel 4 exposure to certain levels to be descriptive in 5 activities of another organization being NIOSH with 5 that manner? 6 respect to some of these same issues? 6 MR. CANONI: Objection as to form. 7 A. Perhaps I'm confused, but I thought NIOSH 7 THE WITNESS: It was my understanding at the 8 was the organization that developed the technical 8 time that there were no studies that showed that 9 standards that OSHA implemented. 9 nonsmokers exposed to asbestos fibers had any 10 Q. And you understood NIOSH to be the 10 greater risk of any asbestos-related sickness than 11 Institute for Occupational Safety and Health? 11 nonsmokers that were never exposed to asbestos 12 A. That's correct. 12 fibers. And I believe that's true to this day. 13 Q. And did you ever work directly with any 13 BY MR. COON: 14 of those individuals? 14 Q. And what was that based on, independent 15 A. No, I did not. 15 research that you conducted or what you were told 16 Q. Do you know whether or not Maremont was 16 by other individuals or organizations? 17 involved informally or formally in any of the 17 A. That is based on research data that was 18 lobbying activities as it related to government's 18 presented at ALA meetings. 19 involvement in regulating asbestos exposure? 19 Q. So this would be based on information 20 A. I don't recall. 20 that was provided by the lobbying organization for 21 Q. Do you know whether or not they were a 21 various asbestos manufacturers? 22 member or participant in an organization called the 22 MR. CANONI: Objection as to form. 23 ALA? 23 THE WITNESS: ALA presented that information. 24_ A. Yesf we were. 24 I think certain epidemiologists that maybe were________ Page 234 Page 236 1 Q. That's the Asbestos Information 1 working independently did some of the studies. 2 Association? 2 BY MR. COON: 3 A. That's correct. 3 Q. But you understood that the ALA was an 4 Q. Was Maremont a member of that? 4 organization formed and sponsored by manufacturers 5 A. Yes, it was. 5 of asbestos-containing products? 6 Q. Do you know of any other lobbying 6 A. That's correct. 7 organizations that Maremont was a member of? 7 Q. And wholly subsidized and financed by 8 A. No, I do not. 8 asbestos manufacturers? 9 Q. What was your understanding of the 9 A. That's correct. 10 purposes of the ala? 10 Q. And their principal efforts were to 11 A. It was my understanding that ALA tried to 11 modify any government regulations on exposure 12 gather factual information, present it to the 12 levels to products both in the work environment and 13 companies that were involved in using asbestos, and 13 in use and application? 14 to try and present reasoned factual sets of data to 14 A. I believe they also would have made an 15 government organizations to counter some of the 15 equal effort to inform the member organizations of 16 hysterical data that was being presented. 16 any hazards that they thought were significant or 17 Q. Was that historical data or hysterical 17 real. 18 data? 18 Q. Based on your - did you personally 19 A. Hysterical data. 19 attend aia meetings? 20 Q. And what do you mean by that? 20 A. Yes, I did. 21 A. I think some of the information that was 21 Q. Do you remember any of the speakers that 22 being presented was very similar to the Alar on 22 were involved? 23 apple scare where the media can get a hold of 23 A. I think I remember hearing Dr. Hans Weill 24 something and hlow it out of all proportion to its______ 24 of Tnlane T Im'versity________________________________ BENUSKA REPORTING Page 233 - Page 236 (630) 834-7828 William Cotton vs. A.P. Green _____Multi-PageTMCarl Liggett, 8-15-02 Page 237 Page 239 1 Q. Did you ever have a position with AIA? i 1 I'm not sure I know of any other 2 A. No, I did not. 3 Q. Were you a liaison for Maremont with 2 involvement by Turner & Newall. 3 Q. Did you know that they had their own 4 respect to AIA activities? 5 A. Yes, I was. 6 Q. Was there anyone else at Maremont that 4 textile - asbestos textile factories in London or 5 England? 6 A. I was not aware of that. 7 had a similar title as a liaison with AIA? 8 A. Not to my knowledge. 9 Q. Did you ever participate with the AIA in 7 Q. Were you ever made aware of the first 8 clinically diagnosed cases that were confirmed 9 pathologically of asbestosis arising out of 10 their efforts to lobby against regulations 10 employees of the Turner & Newall facilities in 11 affecting workplace exposure to asbestos? 12 A. No, I did not. 11 England? 12 MR. CANONI: objection as to form. 13 Q. Did you ever participate with the AIA 13 THE WITNESS: NO, I'm not. 14 directly in their lobbying efforts to avoid the 14 BY MR. COOK: 15 implementation of any types of warnings on any of 16 the products that contained asbestos? 15 Q. Have you ever heard of a guy named 16 Dr. Cook who actually diagnosed or coined the term 17 A. No, I did not. 17 asbestosis? 18 Q. Did you ever initiate any independent 18 A. No. 19 investigation in terms of the medical literature, 19 Q. Do you know that that involved his 20 any medical literature or scientific or research 20 pathological confirmation of a lady with asbestos 21 literature concerning the health affects of 21 disease that died of asbestosis in her 30s who was 22 asbestos? 22 an employee of Turner & Newall - 23 A. No, I did not. 23 MR. CANONI: objection as to - 24 o. Did vou request Maremont to conduct anv 24 MR. COON: - in their asbestos textile_______________ Page 238 Page 240 1 independent investigations into the historical l factory? 2 information from a medical and/or scientific 2 MR. CANONI: objection as to form. 3 standpoint concerning the health affects of 3 THE WITNESS: I'm not aware of that. 4 asbestos? 4 BY MR. COON: 5 A. No, I did not. 5 Q. Did you get an understanding of some of 6 Q. Were you even aware of the history of the 6 the information that was being developed in 7 diagnosis of asbestosis, who diagnosed it and what 7 the '60s from Dr. Selikoff? 8 the circumstances were? 8 A. Yes, I did. 9 A. I don't believe so. 9 Q. What was your understanding of the type 10 Q. Did you ever hear the story about Turner 10 of work Dr. Selikoff was conducting? 11 & Newall -- you knew Turner & Newall as being 11 A. He was conducting studies on exposure to 12 involved in setting up the company to acquire 12 asbestos and what sickness could relate. 13 Nutum that you worked for, correct? 13 Q. Are you aware of any of his findings or 14 A. When I first became a member of the 14 the findings of predecessor or successor 15 Asbestos Information Association as an employee of 15 investigators, epidemiologists who determined that 16 Maremont I would have had no significant knowledge 16 there was significant correlations between the 17 of Turner & Newall. 17 development of asbestos-related diseases and 18 Q. But at some point after that did you find 18 exposure to asbestos in those that were 19 out more about Turner & Newall and their historical 19 nonsmokers? 20 involvement in asbestos matters? 20 MR. CANONI: objection as to form. 21 A. I knew that Turner & Newall owned 21 THE WITNESS: NO, I'm not. 22 Ferodo. I knew that Ferodo was the first friction 22 BY MR. COON: 23 material company to put asbestos in friction 23 Q. To this day are you aware of any such 24 products. BENUSKA REPORTING (630) 834-7828 24 literature that draws correlations hetween--------------------- Page 237 - Page 240 William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8-15-02 Page 241 Page 243 1 asbestos-related diseases in nonsmokers? 1 cancer, mesothelioma or other asbestos-induced 2 A. Are you relating to all types of 3 asbestos? 4 Q. Sure. 2 diseases and chrysotile fiber exposure? 1 3 A. No, I'm not. 4 Q. Have you ever asked for such information 5 A. Or just to specific types? 5 to be provided to you? 6 Q. Are you talking about fiber types? 6 A. No, I have not. 7 A. There's vastly different medical 7 Q. Did you ever ask the AIA to provide you 8 problems, I believe, depending on the type of 8 additional information to assist you in formulating 9 asbestos that you're exposed to. 9 independent opinions about the risk factors 10 Q. Okay. And again to try to get better 10 associated with the products that your company 11 parameters on the areas that you would be prepared 11 manufactured? 12 to testify, I presume that you're not of the 12 A. State the question again. 13 opinion that you're an expert in medical issues as 13 Q. Yes, sir. While you were working with 14 it relates to asbestos? 14 aia you understood them to be knowledgeable 15 A. I am not an expert. 15 concerning various health issues as they related to 16 Q. And you would not anticipate being called 16 asbestos exposure, correct? 17 upon to render any expert opinions as they relate 17 A. Correct. 18 to asbestos fibers and the potency of different 18 Q. Did you ever initiate any request of them 19 asbestos fibers as they relate to asbestos 19 to provide you with either additional information 20 diseases? 20 or independent sources that you could go to to 21 A. I wouldn't anticipate being called on to 21 obtain additional information so that you could 22 testify something beyond my field of expertise. 22 better educate yourself on the issues of asbestos 23 Q. And in that regard as part of your field 23 and health effects? 24 of expertise the causal association between 24 A. I didn't feel the need for any studies_____________ Page 242 Page 244 1 different fiber types and different disease 1 beyond what they did provide. 2 processes? 2 Q. Did you know whether or not they were 3 A. I'm not an expert in that arena. 3 providing you a complete and unbiased perception of 4 Q. I take it you just generally have a 4 the medical literature as it related to the health 5 personal opinion that some asbestos fiber types may 5 impact of asbestos? 6 have more carcinogenic propensities than others? 6 A. I was satisfied with the quality of the 7 A. Most of my interest was in the types of 7 information they were providing. 8 asbestos we used, which was the chrysotile that 8 Q. And in addition to that I guess my 9 seemed to be much more benign than some of the 9 question, sir, would be is what did you do to 10 others. 10 determine for yourself on behalf of your company 11 Q. Are you aware of any of the literature 11 whether or not what representatives of AIA were 12 studies, epidemiological studies that reflect that 12 telling you at these meetings was factually true or 13 workers that were exposed, only known to be exposed 13 not? 14 to chrysotile had statistically significant 14 A. I did no independent research on my own. 15 diagnoses of asbestosis, lung cancer, and 15 Q. Did you get information from other 16 mesothelioma? 16 organizations that would have been consistent with 17 MR. CANONI: Objection as to form. What kind 17 what aia was telling you? 18 of workers? 18 A. We joined AIA to get information on 19 BY MR. COON: 19 asbestos and we were satisfied with the information 20 Q. Any kind of workers. 20 we got from them. 21 A. What's the question? 21 Q. Did you ever go back to OSHA and ask them 22 Q. Yes, sir. Are you aware of any articles 22 for their information, or with NIOSH and ask them 23 or literature that shows a correlation between 23 for their information concerning the health 24 increased risk of developing ashestosis, lung___________ 24 effects?___________________________________________ _ BENUSKA REPORTING Page 241 - Page 244 (630) 834-7828 William Cotton vs. A.P. Green Multi-PageTM Carl Liggqtt, 8-15-02 Page 245 Page 247 1 A. No, I did not. , 1 A. That's correct. 2 Q. You mentioned the Federal Register. Are 3 you familiar with that? 2 Q. And your role here today with Maremont is 3 one where as somebody that used to work for them 4 A. Yes, I am. 5 Q. Did you ever have an opportunity to go 4 knowledgeable about the issues you have arranged 5 for a system in which you get paid for your time in 6 back and read the Federal Register monographs 6 testifying about historical information concerning 7 concerning asbestos that were published in 1986 or 7 Maremont as it concerns asbestos-related matters? 8 1989? 9 A. No, I did not. 8 MR. CANONI: Let me just -- the witness is 9 being proffered in response to your notice for a 10 MR. CANONI: objection as to form. 11 BY MR. COON: 10 corporate representative. 11 I don't know that the witness is fully 12 Q. Are you aware of any of the present OSHA 12 cognizant of whatever legal responsibilities he has 13 or EPA opinions concerning the risk factors 14 associated with the different fiber types of 13 in that regard. 14 MR. COON: Okay. 15 asbestos? 15 MR. CANONI: if you want to get from him his 16 MR. CANONI: objection as to form. 16 personal opinion, that's okay. 17 THE WITNESS: I don't recall. 17 MR. COON: No, that's a good point. 18 BY MR. COON: 18 MR. CANONI: Just so you understand. 19 Q. Are you aware that the Federal Register 19 MR. COON: He's your corporate rep? 20 reflects that OSHA'S determinations are that all 20 MR. CANONI: Yes. 21 asbestos fiber types have carcinogenic 21 BY MR, COON: 22 propensities? 22 Q. Right. And I should clarify that too. 23 MR. CANONI: objection as to form. 23 You do understand today, sir, that you're here on 24. THE WITNESS: I don't recall that.____________ 24. behalf of Maremont as a corporate representative______ Page 246 Page 248 1 BY MR. COON: 1 for them even though you're no longer employed with 2 Q. That all fiber types, including 2 them? 3 chrysotile, caused mesothelioma? 3 A. I do understand that. 4 MR. CANONI: Objection as to form. 5 THE WITNESS: I don't recall. 4 Q. And that's why you have this arrangement 5 with them and the consideration is made for your 6 BY MR. COON: 6 time by Maremont by paying you for your services to 7 Q. Are you aware of any number of 7 come in here and talk to us today and to testify 8 individuals that worked in industries involving 8 concerning your knowledge as well as Maremont's 9 encapsulated products such as brake shoes or 9 activities over relevant time frames? 10 gaskets that have developed the disease 10 A. That's correct. 11 mesothelioma? 11 Q. Mr. Liggett, as a corporate 12 MR. CANONI: objection as to form. 12 representative, do you have any opinions today, 13 THE WITNESS: I'm not aware. 13 sir, with respect to the diseases that asbestos 14 BY MR. COON: 14 causes? 15 Q. Would that type of information influence 15 MR. CANONI: Let me just object. I don't 16 your present opinions regarding the carcinogenic 16 think that was called for by the notice as his 17 effects of the types of fibers that were used by 17 opinions today. And I don't think he is being 18 Maremont? 18 proffered for any knowledge he has today. 19 A. If I thought it was my responsibility to 19 You can ask him if the company knew about 20 form an opinion at this time on that, I would go 20 any of this during the time they manufactured the 21 look for several sources. Right now I don't feel 21 products. 22 that's an arena of interest or concern to me. 22 BY MR. COON: 23 Q. You're no longer employed by a business 23 Q. Okay. And I'll do that. Do you have any 24- thatls engaged in the use of anv asbestos products? BENUSKA REPORTING (630) 834-7828 24. personal knowledge with respect to the diseases------------ Page 245 - Page 248 William Cotton vs. A.P. Green _____ Multi-PageTMCarl Liggett, 8-15-02 Page 249 Page 251 1 that asbestos is associated with? 1 that disease is? 2 MR. CANONI: As he sits here today? ; 2 A. It's my understanding that it's a disease 3 MR. COON: Yeah. 4 MR. CANONI: Okay. 3 where the lungs lose their capacity to pass oxygen 4 through the membranes to the blood so it becomes 5 THE WITNESS: Ask the questionagain please. 5 more difficult to oxygenate the blood. 6 BY MR. COON: 6 Q. And what happens then? 7 Q. Yes, sir. Are you aware of any of the 7 A. You have less energy, you become more 8 diseases, the health implications of exposure to 8 tired. 9 asbestos? 9 Q. Do you know whether or not that's a 10 A. Yes, I am. 10 cancer? 11 Q. What is your understanding of some of the 11 A. I don't believe that's a cancer. 12 disease processes associated with exposure to 12 Q. With respect to chrysotile, do you have 13 asbestos? 13 any information or do you have an opinion as to 14 A. If you breathe a high level of asbestos 14 whether or not chrysotile has any implications in 15 fibers over a prolonged period of time and you're a 15 the development of mesothelioma? 16 smoker you can develop asbestosis. 16 A. It was my opinion when I was with 17 If you're exposed to crocidolite or 17 Maremont, and my opinion today, that chrysotile is 18 amosite I believe that in certain conditions there 18 not significant in causing mesothelioma. 19 is an increased risk of mesothelioma. 19 Q. And why is that? 20 That's about the extent of my knowledge 20 A. Because of the configuration of the 21 of the diseases. 21 asbestos fiber. 22 Q. Is it your understanding that to develop 22 Q. What's different about it? 23 asbestosis there is some joint causative 23 A. I'm not an expert on that. 24 requirement of a smoking historv as well as 24 o. Do vou know of anv differences that Page 250 Page 252 l exposure to asbestos at certain levels? l would, from a scientific standpoint, increase or 2 A. I think there is a very strong 2 decrease the causal relationship between that fiber 3 synergistic effect. 3 type and other fiber types? 4 Q. Between smoking and asbestos exposure and 4 MR. CANONI: Objection as to form. 5 the development of asbestosis? 5 THE WITNESS: Give me the question again. 6 A. That's correct. 6 BY MR. COON: 7 Q. Do you have any recollection as to where 7 Q. Yes, sir. Do you know any physical 8 you derived that information? 8 characteristics of that fiber type that would 9 A. From the ALA and from other medical 9 differentiate it from the other fiber types that 10 personnel. 10 you believe are more causally associated with 11 Q. What about smoking as it relates to - 11 mesothelioma? 12 strike that. 12 A. I just know that there are different 13 You mentioned lung cancer. Do you know 13 fiber types. They do have different 14 of any associations between the development of lung 14 configurations. 15 cancer in nonsmokers who are exposed to asbestos? 15 I'm not an expert on what those 16 A. I don't recall mentioning lung cancer. 16 differences are and how that relates to the 17 Q. I'm just asking you with respect to lung 17 causation of disease. 18 cancer, are you aware - or do you have any 19 opinions with respect to the development of lung 20 cancer from exposure to asbestos, with or without a 21 smoking history? 22 A. No, I don't have an opinion. 23 Q. With respect to mesothelioma, you 24 mentioned it. What's vonr understanding of what BENUSKA REPORTING (630)834-7828 18 Q. And again with respect to that disease, 19 did you have a belief that smoking was a 20 contributing factor? 21 A. To mesothelioma? 22 Q. Yes, sir. 23 A. I did not think that it was. 24 Q No synergistic issues with respect to------------------- Page 249 - Page 252 William Cotton vs. A.P. Green Multi-PageTMCarl Liggett, 8-15-02 Page 253 Page 255 1 mesothelioma? 1 MR. CANONI: Did Maremont do it? 2 A. I was not aware of any. 3 Q. With respect to the Sears and Roebuck 4 issues, it's my understanding in looking at these 2 BY MR. COON: 3 Q. Yes, sir. Did Maremont ever do that? 4 A. Maremont measured the dust released at 5 documents -- and for brevity I'm not going to walk 6 us through every one of them, but in looking at 5 our own grinding machines. We had identical 6 equipment to what Sears had. 7 them there were a number of documents from Sears 8 that were talking about whether or not to put one 7 MR. CANONI: Brent, I'll tell you, there is a 8 document in there that Sears had testing done at 9 of these OSHA labels on the product. 10 Do you recall the line of communications 9 one of its facilities. 10 MR. COON: okay. I'm sure we've got it 11 between Maremont and Sears back in the early '70s 11 somewhere. Again we have a lot of documents to 12 on those issues? 12 look at. I'm trying to speed through the rest of 13 A. Let me just state that my personal 13 them to save everybody some time. 14 responsibilities at the time were operational. I 14 BY MR. COON: 15 was not in the sales and marketing group, so I 15 Q. We were talking about this document 16 would have had no direct involvement in that. 16 awhile ago and we digressed. But it was the Hall 17 Q. Did you have an understanding of what 17 to Sherr document, and there was - this is again 18 Sears' concerns were, if any? 18 dated March 29. 19 A. I don't recall. 19 Counsel, this is document 1402. 20 Q. Were you aware that there was a 20 MR. CANONI: what's the year of it? 21 determination made that the OSHA caution labels 21 MR. COON: March of '73. 22 concerning asbestos did need to go on the kits that 22 MR. CANONI: Okay. 23 were being used at Sears? 23 BY MR. COON: 24 A. Yes, I was. 24 O, Within it Mr. Hall is writing to_________________ Page 254 Page 256 1 Q. And also it indicated here that when the 1 Mr. Sherr and apparently Sears was not wanting this 2 brakes got over to Sears that the Sears mechanics 2 label on their AIO kits and they wanted to, 3 would frequently have to grind your brake shoes in 3 according to Mr. Hall, that they were looking at 4 their back shops prior to installation which 4 considering a revised label that omitted "avoid 5 created dust. 5 creating dust." 6 Do you know anything about that? 6 And again he is stating it's because 7 A. Yes, I do. 7 Sears created -- there was dust created in the 8 Q. What was involved in that process, again 8 grinding process and they wanted to know if they 9 briefly, sir? 9 could -- you all could provide them a label that 10 A. The All-In-One kit linings were a resin- 10 did not have the "avoid creating dust" on it. 11 based lining. It was an oversized lining, meaning 11 Are you familiar with any of that 12 that it had to be ground at the point of 12 dialogue that went back and forth between Maremont 13 installation. 13 and Sears? 14 They would determine whether the brake 14 A. No. 15 drums had been turned once, twice, three times. 15 Q. At the end of the day are you aware of 16 They would measure the diameter and then they would 16 any capitulations by Maremont that modified the 17 set the grinder for that diameter. 17 label as it related to Sears in response to their 18 You put the brake shoe in a fixture, it 18 concerns? 19 would rotate through a grinder very quickly. That 19 A. I don't recall the negotiations. I know 20 grinder had an integral dust collection unit so 20 that eventually the label was put on the box. 21 there would be very minimal exposure to anyone. 21 Q. And you understood that the label as it 22 Q. Was that dust ever measured? Do you have 22 related to the Sears boxes apparently did not go on 23 any idea how much dust would be released from an 74 air sampling standpoint? BENUSKA REPORTING (630) 834-7828 23 for some period - for some period until after the 24 regulations were in effect?___________________________ Page 253 - Page 256 William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8-15-02 Page 257 Page 259 1 A. That's correct. 1 Q. Yes, sir. 2 Q. Do you know how much time passed between 2 A. Yes, I have. 3 the implementation of the regulations and the time 3 Q. And the label that you all provided on 4 that Maremont started providing the AIO kits for 4 your boxes was pretty much verbatim of the one that 5 Sears with the appropriate OSHA labels? 5 OSHA sent out, was it not? 6 A. I don't recall. 6 A. Yes, it was. 7 Q. Do you understand that that was a source 7 Q. And you were aware that Sears was 8 of frustration for Mr. Rogers at your company? 8 expressing concern about putting such a label on 9 A. Yes, I do. 9 the boxes that were being sent to them for use by 10 Q. In fact Mr. Rogers sent a letter to 10 their mechanics in the stores that we talked about 11 Mr. Hall in May that stated "I cannot continue 11 earlier? 12 violating OSHA regulations. If Sears does not 12 A. I know there was controversy on that 13 approval labeling procedure, we will proceed with 13 issue. I was not directly involved in it. 14 our best judgment." 14 Q. And in fact Sears as of May of 1973 still 15 Had you ever seen that document before? 15 had not agreed to the language to use for their 16 Counsel, this is 949. 16 boxes and it appears that that was frustrating 17 A. Yes, I have. 17 Mr. Rogers by this letter we just looked at? 18 Q. Did you ever discuss that issue with 18 MR. CANONI: Objection as to form. 19 Mr. Rogers? 19 THE WITNESS: It appears SO. 20 A. No, I did not. 20 BY MR. COON: 21 Q. Did you understand his level of 21 Q. And at least as far as Mr. Rogers was 22 frustration in being hung out on those issues? 22 concerned based on his statement "I cannot continue 23 MR. CANONI: Objection as to form. 23 violating OSHA regulations," he was at least of the 24 the WITNESS: Mr. Rogers was a verv 24 belief that he had some kind of legal obligation to Page 258 Page 260 l opinionated person. If he had an opinion he wanted 1 provide those types of warnings on the boxes being 2 everyone to share it. 2 sent to Sears? 3 BY MR. COON: 3 MR. CANONI: Objection as to form. 4 Q. But we all agree that OSHA was requiring 4 THE WITNESS: I can't comment on what the 5 in 1972 for these boxes to have a cautionary label 5 document says. 6 that they had provided for people to use? 6 BY MR. COON: 7 MR. CANONI: objection as to form. Are you 7 Q. You would agree that a fair 8 asking for his legal interpretation of the 8 interpretation of "I cannot continue violating OSHA 9 regulations? 9 regulations" means that he believes that the 10 I mean I think there are documents that 10 failure to put a label on there was violating that 11 reflect that I don't know that Maremont agreed it 11 regulation? 12 was required to put the label on. But that's 12 MR. CANONI: I don't see how he can testify as 13 beyond what this witness is here for. 13 to what Mr. Rogers understood when he wrote the 14 MR. COON: Okay. 14 memo. 15 BY MR. COON: 15 MS. BLAZEK: It says what it says. 16 Q. Did you have an understanding of the 16 MR. COON: okay. We'll move on. 17 cautionary labels as applied to materials that were 17 MR. CANONI: And there is an Interrogatory 18 being sold that contained asbestos? 18 response that addresses when the box that was sold 19 I mean you've seen it, haven't you, sir? 19 to Sears contained the label. 20 A. Have I seen what? 20 MR. COON: Okay. When was that, John? 21 Q. The OSHA label, the labels, the OSHA 21 MR. CANONI: I think it was late 1973. 22 label. 22 BY MR. COON: 23 A. The label that we put on the packages 23 Q. Okay. Well, that was the next question I 24 that we shipped nut of Paulding, Ohio?________________ 24 had for you, if yon knew when the labeling took----------- BENUSKA REPORTING Page 257 - Page 260 (630) 834-7828 William Cotton vs. A.P. Green Multi-Page1 Carl Liggett, 8-15-02 Page 261 Page 263 1 place? 1 discussions with respect to better educating the 2 A. No, I don't. 3 Q. If the Interrogatories Answers provided 2 mechanics that were using these products with 3 respect to their exposure to asbestos in the 4 by Maremont indicated some time in late 1973, you 4 assembly and removal processes? 5 wouldn't disagree with that? 5 MR. CANONI: objection as to form. 6 A. No, I would not. 6 THE WITNESS: I do believe they were 7 MR. CANONI: You can ask him what he observed 8 when he started with the company, which is a 7 educated. 8 BY MR. COON: 9 different question. The question you just asked 9 Q. And in what regard, sir? 10 him was his company representative answer. 11 BY MR. COON: 10 A. The Maremont field service 11 representatives that visited all the Sears Service 12 Q. Yeah, okay. You went to work there in 12 Centers at some point did educate all the mechanics 13 November of '73, correct? 13 on the need to use caution in the handling of 14 A. That's correct. 14 asbestos products. 15 Q. And by that time that seems to be in 15 Q. Okay. Mr. Liggett, one of the 16 close approximation to the time that any warnings 16 admonishments under the OSHA labeling was to avoid 17 -- or any cautionary labels started going on the 17 creating dust. 18 boxes that were being shipped to Sears, correct? 18 As I understand by the process of these 19 A. That appears to be so. 19 mechanics you really can't help but create dust 20 Q. Okay. Were there any of the boxes that 20 when you're grinding the brake shoe, can you? 21 were going out at the time you first went to work 21 A. Well, if you capture that dust 22 there that did not contain such a cautionary label? 22 immediately perhaps they would consider that not 23 A. I don't recall. 23 creating dust. 24 O. Did Maremont ever consider providing__________ 24 o. Or if it's creating it at least it's_________________ Page 262 Page 264 1 stronger language that was more consistent to the 1 keeping it from getting into the ambient 2 original NIOSH recommendations? 2 atmosphere? 3 MR. CANONI: Objection as to form. 3 A. That's correct. 4 BY MR. COON: 4 Q. Do you know what types of collection 5 Q. Do you know what the -- let me backup. 5 systems were in place at the various Sears 6 Do you know what the NIOSH recommendations were 6 facilities at the time the OSHA regulations went 7 with respect to labeling? 7 into effect? 8 A. No, I don't. 8 A. I know that - 9 Q. Were you aware that their recommendations 9 MR. CANONI: other than what he's already 10 included that exposure to asbestos caused lung 10 testified to? 11 cancer and asbestosis? 11 He talked about the grinder and the dust 12 A. No, I'm not aware of that. 12 collector. 13 Q. Did Maremont ever consider providing a 13 BY MR. COON: 14 stronger more specific cautionary label or warning 14 Q. There were dust collectors on the 15 other than the one that they used that was in 15 grinding equipment at the Sears facilities in '72? 16 conformance with the OSHA mandate? 16 A. The Ampco grinder had its own integral 17 A. I don't recall. 17 dust collection unit. 18 Q. Was there ever consideration to putting 18 Q. Do you know how well it worked with 19 bigger lettering or more readily noticeable 19 respect to collecting the asbestos dust emanating 20 labeling such as red lettering or something that 20 from the grinding process? 21 would stand out more and be more readily observable 21 MR. CANONI: He's already testified to that at 22 by the user? 22 the Nashville facility. A. Not that I recall. 23 BY MR. COON: Q. Do you know if there were ever___________________ 24 BENUSKA REPORTING (630) 834-7828 Q And what was it? Was it one test that____________ Page 261 - Page 264 William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8-15-02 Page 265 Page 267 1 did that? 1 A. Yes, I do. 2 A. We had identical machines and they did 2 Q. What's your understanding of what 3 comply with the OSHA regulations. 3 information was conveyed to Maremont in that 4 Q. The 1972 regulations? : 4 regard? 5 A. Whatever regulation was in effect at 5 A. There were warning labels on the 6 whatever time they complied with. 6 packages, and I believe there were certain 7 Q. And you understand that over time that 7 informational newsletters sent. 8 the OSHA regulations became more severe with 8 Q. Beginning what year, sir? 9 respect to the permissible exposure levels of 9 A. I can only speak to when I joined the 10 asbestos in the workplace? 10 company right now, and at that time they were 11 A. Yes, I am. 11 printing warning labels on the packages. 12 Q. And did Maremont in response to the, and 12 Q. And that was in '72? 13 Nutum as well in response to those regulations 13 A. '73. 14 need to provide additional equipment or processes 14 Q. '73. What about prior to that time, 15 to further reduce the amount of dust in certain 15 before the OSHA regulations? 16 areas of the workplace? 16 A. I don't recall. 17 A. Yes, they did. 17 Q. Any information disseminated in that 18 Q. Was Maremont or Nutum in a position of 18 manner to your knowledge prior to the OSHA 19 having to spend any kind of capital for 19 regulations? 20 improvements to the facilities to get them into 20 A. Again I don't recall. 21 compliance with these regulations? 21 Q. Were you aware of National Institute for 22 MR. CANONI: Just restrict your answer to 22 Occupational Safety and Health studies going back 23 Maremont for that question because it's too 23 to the early and mid '70s where they issued public 24 convoluted. 24 findings that workers engaged in the maintenance Page 266 Page 268 1 BY MR. COON: 1 and repair of automotive and truck clutches and 2 Q. Okay. First with Maremont. Were capital 2 brake linings were exposed to potentially hazardous 3 expenditures necessary to get them within 3 levels of airborne asbestos dust? 4 compliance to the OSHA regulations? 4 A. Excuse me, say that again. 5 A. Yes, they were. 5 Q. Yes, sir. Were you aware of any studies 6 Q. Were capital expenditures also necessary 6 or reports by NIOSH in the early to mid 1970s that 7 when you were working at Nutum to maintain 7 reflected that in their opinion workers engaged in 8 compliance with OSHA regulations as they related to 8 the maintenance and repair of automotive and truck 9 atmospheric release of asbestos? 9 clutches and brake linings are exposed to 10 A. Yes, they were. 10 potentially hazardous levels of airborne asbestos 11 Q. Did this involve improved dust collection 11 dust? 12 procedures? 12 A. I don't recall. 13 A. Yes, it did. 13 Q. Based on your position at the facility at 14 Q. Did it involve providing other types of 14 that time and your involvement in organizations 15 respiratory protection to workers in certain areas? 15 that were investigating these issues would you tend 16 A. Yes, it did. 16 to agree or disagree with such statements if they 17 Q. Were workers in any of the areas mandated 17 were made by NIOSH? 18 to wear respiratory protection before the 18 A. I recall at some point in time there was 19 regulations went into effect in '72? 19 controversy about the dust residue that was present 20 A. I don't recall. 20 when you did a brake job and whether that was free 21 Q. Do you know whether or not Maremont 21 asbestos fibers or whether the asbestos had been 22 received any information from any of the asbestos 22 converted to fosterite, which was a nonhazardous 23 fiber manufacturers or suppliers concerning the 23 form of asbestos due to the heat and pressure of 24 health effects of ashestos?____________________________ 24 the hraking application_______________________________ BENUSKA REPORTING Page 265 - Page 268 (630) 834-7828 T William Cotton vs. A.P. Green Multi-Page TM Carl Liggett, 8^15-02 Page 269 Page 271 1 That was relevant to the dust that a 2 brake mechanic would be exposed to. 3 Q. And to your knowledge what conclusions 1 A. I'm aware that the field service 2 representatives made a point of cautioning the 3 Sears mechanics not to do that and to use other 4 were eventually derived with respect to the 4 means of cleaning up the brake assembly. 5 fosterite defense? 5 Q. Okay. And for them to tell the Sears 6 MR. CANONI: objection as to form. 6 mechanics not to do that would tell you that at 7 THE WITNESS: My conclusion is that it was 7 some point in time they were doing that? 8 determined that the majority of the dust was 8 I mean they wouldn't be going out there 9 fosterite but it would be wise to be as cautious as 9 and telling them not to do something they weren't 10 possible and use care, to wipe down with a liquid 11 the drums and brake components, and to use dust 12 collection when you're grinding. 10 doing? 11 A. Well, they would tell them to do 12 something that could be a potential hazard. 13 And you did that to not only avoid 13 Q. Okay. So did you have an understanding 14 exposure to asbestos fibers, but to do a clean, 14 that any of those mechanics were in fact using air 15 high quality brake job. 15 hoses in that way? 16 BY MR. COON: 16 A. That's something again that I just did 17 Q. You are familiar with typical brake shoe 17 not personally get involved. I've never changed my 18 repairs at most retail facilities in the '60s 18 own brakes, I didn't have anything to do with 19 and '70s in terms of how they changed out brakes, 19 selling to the Sears Auto Centers. 20 weren't you, sir? 20 Q. Fair enough. 21 A. No, I was not. 21 Did you have any involvement with 22 Q. Let's go to when you worked at Maremont, 22 Maremont on the changes in the law in California 23 '73 all the way to the '81 time frame. Were you 23 which were somewhat more restrictive than the 24 familiar with how garages, service stations and________ 24 federal laws as it related to brake shoes and their Page 270 Page 272 1 brake shoe shops typically changed out brake shoes? 1 disposal? 2 A. No, I was not. 2 A. No, I did not. 3 Q. Had you ever been in what I called any of 4 these field environments where mechanics were 3 Q. Do you know anything about the 4 regulations in California that required certain 5 changing out brake shoes? 5 efforts to be made in the removal and disposal of 6 A. Never for the purpose of observing what 6 asbestos brake material back in the late '70s? 7 and how they did it. 7 A. No, I'm not. 8 Q. Were you aware that in many of these 8 MR. CANONI: Objection as to form. 9 shops they had pneumatic tools and used air hoses 9 You okay? 10 in the removal of the tires and some of the work 10 THE WITNESS: I'm fine. 11 processes? 11 BY MR. COON: 12 A. Yes, I am. 12 Q. Give me a couple more minutes. I'm 13 Q. Were you familiar of a common practice of 13 wading through the rest of these and I've got a few 14 mechanics using the air hoses, these pneumatic air 14 more of those and we'll be done. 15 hoses to blow out all the residue, the brake 15 You want to stretch your legs just a 16 residue around the drums when they pulled the tires 16 minute? 17 off and pulled the drum out before they put the new 17 A. I'm fine, thank you. 18 brake shoes on? 18 MR. COON: Off the record. 19 MR. CANONI: objection as to form. 19 (Discussion had off the record). 20 THE WITNESS: No, I'm not aware of it. 20 BY MR. COON: 21 BY MR. COON: 21 Q. Do you know what type of information or 22 Q. Is it something that's news to you today 22 opinion Maremont put in its packaging as advisory 23 that that was a practice engaged in by mechanics in 23 to the Sears mechanics with respect to limiting 24 that industry?____________________________________ BENUSKA REPORTING (630) 834-7828 24 their exposure to asbestos dust2 Page 269 - Page 272 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 273 Page 275 1 A. I don't recall. 1 annual examination of employees after they came to 2 Q. Do you know if any such additional 3 information was put into any of the boxes of any of 4 the products that were shipped to the Sears , 2 work there before the OSHA regulations went into 3 effect? 4 A. I don't recall. I 5 facilities? 6 MR. CANONI: During the time Maremont made the 5 MR. CANONI: Brent, there is a response on 6 that. 7 product? 7 MR. COON: I did see one thing in there that 8 BY MR. COON: 8 indicated in 1969 something took place. Would that 9 Q. During the time that you worked for 9 be it? 10 Maremont or Nutum. I'm sorry again I forgot the 11 10 MR. CANONI: I think it's Interrogatory 11 response number 22. 12 MR. CANONI: Because he switched -- 12 BY MR. COON: 13 MR. COON: Right. It's a weird deal. I 13 Q. Do you know anything about an examination 14 understand. 14 of the employees in 1969? 15 BY MR. COON: 15 A. No, I do not. 16 Q. For the years you worked at Maremont, 16 Q. Do you know what precipitated that? 17 sir, '73 to '77, any information provided in the 17 A. No, I don't. 18 boxes that were shipped to the Sears stores for 18 Q. Do you know if it had anything to do with 19 their mechanics to provide them with additional 19 concerns over asbestos? 20 admonishments on limiting their exposure to 20 MR. CANONI: objection as to form. 21 asbestos dust? 21 THE WITNESS: I don't know about it, so I 22 A. I don't recall specifically, but I think 22 can't tell you what caused it. 23 the installation instructions were modified to put 23 BY MR. COON: 2L advice about avoiding dust.________________________ 2L O. What type of information would be relayed______ Page 274 Page 276 1 Q. Do you recall who would have been 1 to you from the Friction Materials Standards 2 involved in the language that would have been used 2 Institute? 3 in that and when that was done? 3 A. Information about edge codes, edge 4 A. Bob Rogers. 4 brands, information about new vehicles. 5 Q. And do you recall - 5 Q. Who is your understanding of the 6 A. And Dick Sealy. 6 companies that comprised membership in that 7 Q. Thank you, sir. And about what years 7 institute? 8 would that have been? 8 A. I'm not sure. I was never a member, I 9 A. I'm guessing that would have been '73, 9 never went to a meeting. I believe it was 10 '74. 10 everybody that made or used friction materials. 11 Q. What type of information, if any, was 11 Q. Did you ever have any dealings with Mr., 12 passed along to the employees in '72 when OSHA 12 I believe it was a Mr. Hyde who is a buyer at Sears 13 regulations came into effect to regulate the 13 and Roebuck? 14 asbestos in the various Maremont facilities? 14 A. No, I did not. 15 A. Employee meetings were held to make them 15 Q. And again a Mr. Sealy? 16 aware of the OSHA regulations. 16 A. Yes, I knew Mr. Sealy. 17 Q. And I guess there was some explanation 17 Q. He was the vice president of what 18 for the necessity of implementing annual physicals? 18 division in '73? 19 A. That's correct. 19 A. His primary responsibility was Sears. 20 Q. Was there a preemployment physical that 20 Q. Which office did he work out of? 21 was typically given to employees before they went 21 A. Chicago. 22 to work at Maremont? 22 Q. Had you ever seen a copy of this letter? 23 A. At some point that was implemented. 23 This is dated May 25, '73. 24 Q Do you know whether nr not there was an BENUSKA REPORTING (630) 834-7828 24. And Counsel, it is document 944 of your------------ Page 273 - Page 276 William Cotton vs. A.P. Green ___ ___Multi-PageTMCarl Liggett, 8-15-02 Page 277 Page 279 1 Bates. 2 Have you seen copies of that letter ` 1 Q. And it indicates on here that he said 2 "Would you please approve of fixing the labels as 3 before, sir? 4 I think it deals again with that same 3 required by OSHA regulations." 4 And in that regard do you know why 5 issue of labels as they related to the boxes that 5 Mr. Sealy would wait for Sears to approve the 6 were going to the Sears stores. 6 labels? 7 A. I don't recall seeing that document 7 Do you know what was involved in that 8 before. 9 Q. Basically what Mr. Sealy is advising 8 process? 9 A. I can't speak to what was on Mr. Sealy's 10 Mr. Hyde at Sears was as of May '73 he's giving 10 mind. 11 them another copy of the OSHA regulations 11 Q. Do you know whether or not the contract 12 pertaining to asbestos dust exposure, correct? 12 that was in place between Sears and Maremont was 13 A. That's correct. 13 specific with respect to the type of packaging that 14 Q. Talks about the caution label that has to 14 would be contained on the boxes shipped to the 15 go on the boxes, right? 15 Sears stores? 16 A. It appears to. 16 A. I don't recall. 17 Q. Ones that we've talked about. And then 17 Q. What did these boxes that were coming 18 he talked about products that they would have to 18 from Maremont to the Sears stores look like? 19 have the labels on and others that they would not 19 MR. CANONI: Brent, we did go through that in 20 as well as the reasons, correct? 20 detail actually. 21 A. I think the document speaks to that. 21 MR. COON: Yeah, we went over the label but - 22 Q. Okay. And one of them is that Mr. Sealy 22 MR. CANONI: No, we went over the actual box. 23 noted that the grinding - he's talking about 24 grinding brake shoes at the Sears stores, right? 23 BY MR. COON: 24 O. Okay. What was the color?____________________________ Page 278 Page 280 l A. That's my understanding. 1 A. The box for the All-In-One was white with 2 Q. He says "The grinding will release 2 a label, rectangular label on one end that had 3 asbestos particles in the air," correct? 3 printed in black and red. 4 That was something Mr. Sealy observed or 4 Q. And the labeling was in black and red? 5 knew? 5 A. The label was black and red. 6 MR. CANONI: The document speaks for itself. 6 Q. Or the logo-ing? The logo-ing or -- 7 I don't see how he can tell you what Mr. Sealy knew 7 A. There's no logo-ing. 8 or understood at the time. 8 Q. It had Sears on it, right? 9 BY MR. COON: 9 A. Right. 10 Q. Okay. Well, it says here though that 10 Q. Was that in black and red or black or 11 Mr. Sealy in his letter says "The grinding will 11 red? 12 release asbestos particles in the air." 12 A. The two colors were black and red on a 13 I think that's his last sentence, isn't 13 white piece of paper. 14 it? 14 Q. What about the other one that was just 15 MR. CANONI: if that's what the document says 15 the brake -- was it the brake linings or brake 16 -- 16 pads? 17 THE WITNESS: That's what the document says. 17 A. It was a box that was printed to show a 18 MR. CANONI: -- that's what the document says. 18 car in a driveway with people doing -- working on 19 BY MR. COON: 19 their car. 20 Q. Do you know how Mr. Sealy arrived at that 20 MR. CANONI: That was the Over-The-Counter? 21 opinion? 21 THE WITNESS: Yes. 22 MR. CANONI: Objection as to form. 22 BY MR. COON: 23 THE WITNESS: NO, I don't. 23 Q. There's another document, Counsel, this 24 RY MR COON- BENUSKA REPORTING (630) 834-7828 24 is 1279. It's called Ashestos Exposure Versus Back----- Page 277 - Page 280 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 281 Page 283 1 Shop Brake Shoe Grinding as prepared for 1 the testing going on there. 2 Mr. Badagowski who's a buyer at Sears and Roebuck 2 MR. COON: Okay. 3 Chicago and it was prepared by a W.N. Bockay. Am I 3 BY MR. COON: 4 saying it right? B-o-c-k-a-y. , 4 Q. Counsel, this is document 466, it's a 5 A. Bockay. 5 letter dated August 20, '75, from Raybestos 6 Q. Bockay. Who's a manager of technical 6 Manhatten with a separate cover dated August 26, 7 services at Maremont Brake Products. Do you know 7 '75, from E.W. Drislane as an executive director 8 why this report was generated? 8 to an asbestos study committee. 9 A. No, I don't. 9 Do you know anything about a Mr. Drislane 10 Q. Have you ever seen the report before? 11 A. No, I haven't. 10 with Friction Materials Standards Institute, what 11 his role was in the mid '70s? 12 Q. Do you know what year it was prepared? 13 A. No, I don't. 12 A. No, I don't. 13 Q. Were you aware of any activities by the 14 Q. Do you know whether or not Mr. Bockay was 14 United Auto Workers to implement their own asbestos 15 asked by anyone in particular to provide this 15 safety information to their workers by the mid 16 information to Sears? 16 '70s? 17 A. No, I don't. 17 A. No, I'm not. 18 Q. Were you aware that Mr. Bockay included 18 Q. Do you know of any persons at Maremont 19 in his report a number of comments regarding the 19 that would have been representatives of an asbestos 20 release of asbestos dust - 20 study committee at Maremont? 21 MR. CANONI: Brent, he said he hasn't seen it 21 A. None that I recall. 22 before and he's not aware of it. 22 Q. This being - 23 BY MR. COON: 23 MR. CANONI: You mean at Maremont or as part 21. O. Okay. Let me just ask you this. Were__________ 24. of the FMSI?_________________________________________ Page 282 Page 284 1 you aware of any findings by any Maremont employees 1 BY MR. COON: 2 reflecting that grinding brake shoes generates 2 Q. It's hard for me to tell, sir. It 3 asbestos dust in quantities that present OSHA 3 appears that there's a Friction Materials Standards 4 control problems? 4 Institute. And what I'm trying to decipher from 5 A. No, I'm not aware of that. 5 multiple layers of correspondence here is if there 6 Q. Was that something that was never relayed 6 is an asbestos study committee contained within the 7 to you that you recall? 7 Friction Materials Standards Institute. 8 A. I just don't recall. 8 So let me ask you that first. Do you 9 Q. Would you have any personal ability to 9 know whether or not there was such a committee? 10 agree or disagree with comments of that nature? 10 A. I do not know. 11 A. Other than to remind you again that I was 11 Q. And I guess corollary to that is do you 12 in Nashville, Tennessee, making the product. 12 know whether or not Maremont had any 13 Mr. Bockay and Mr. Sealy were in Chicago dealing 13 representatives of such committee, whether or not 14 with Sears. 14 it was contained within the Friction Materials 15 So it's not something that I would see 15 Standards Institute? 16 them daily around the water cooler or go to lunch 16 A. I don't know. 17 and discuss with them. 17 Q. I take it you were not a member? 18 Q. Okay. 18 A. I was not a member. 19 MR. CANONI: Carl, his question was do you 19 Q. I wanted to ask you questions about this 20 have any reason or knowledge to agree or disagree 20 document, too, sir. This is a Sears, Roebuck 21 with the grinding operation presenting OSHA control 21 document. It is to Mr. Sealy at Maremont, Chicago, 22 problems? 22 from a gentleman named -it's kind of hard to 23 And I think he's testified before twice 23 read. It looks like J. Badagowski again maybe. 24- now ahont the grinding that Nashville was doing and BENUSKA REPORTING (630) 834-7828 2L ___A There was a Mr. Badagowski that.was a-------------- Page 281 - Page 284 William Cotton vs. A.P. Green Multi-PageTMCarl Liggett, &-15-02 Page 285 Page 287 1 Sears employee. 2 Q. It appears that he is a Sears 3 representative. This is dated March 23, 1976. And 1 A. I'm not aware of any. 2 Q. Were you aware of any after you worked 3 there? 4 I don't want us to spend a lot of time on this 5 because I'm still trying to cover a few documents 4 A. Yes, I am. 5 Q. And could you just explain what it is 6 with you. 7 But the gist of it is he's talking -- he 8 expresses concern over their brake program, doesn't 6 that you know about Sears employees that have had 7 such problems. 8 A. I'm aware of one case where a Sears 9 really get specific. 10 MR. CANONI: Brent, the document will speak 9 salesman alleges that he got asbestos-related 10 sickness from the time he worked at a Sears Service 11 for itself. You can ask him whether he's seen it 11 Center. 12 before and if he has any knowledge of it. 12 Q. How was it you were imputed with that 13 BY MR. COON: 14 Q. Okay. If you just read this second 13 knowledge? 14 A. Because it involved litigation with 15 paragraph. We don't need to read the contents of 15 Maremont. 16 it again, but the impression I got is that he's got 16 Q. So one of the cases -- we talked about 17 a problem with arc grinding. 18 Is that reflected from the letter - 17 cases involving Maremont before. There was one 18 that you understood involved a claim by a Sears 19 MR. CANONI: Objection as to form. 20 BY MR. COON: 19 salesman against Maremont for his allegations of 20 suffering an asbestos-related health problem from 21 Q. -- can you tell? Or concerns about it? 21 being exposed to asbestos-containing Maremont 22 A. I really don't think I can add anything 22 products? 23 to what the documents says. 24 O. Okav. Well, the question I had was he 23 A. Right. 24 O, Do you know what the disposition of that________ Page 286 Page 288 l talks about issues -- experiences, and he doesn't l claim was or when that was filed? 2 get into specifics. He says their experience 2 A. No, I don't know the disposition. 3 involving some of their finest facilities and their 3 Q. Do you know what kind of disease process 4 finest people and it's cause for concern. 4 this gentleman was purportedly diagnosed with? 5 Do you know what those experiences were 5 A. I don't recall. 6 with those employees? 6 Q. Were you asked to review the circumstance 7 A. No, I don't. 7 of that case on behalf of Maremont? 8 MR. CANONI: Other than what the document 8 MR. CANONI: objection as to form. 9 says? 9 THE WITNESS: I'm not sure what that question 10 BY MR. COON: 10 means. 11 Q. Yeah. Do you know anything -- do you 11 BY MR. COON: 12 know if any of those employees had been diagnosed 12 Q. Yes, sir. Were you asked to look into 13 with asbestos-related health problems or anything 13 the case, provide any opinions or expertise in that 14 else? 14 case on behalf of Maremont? 15 MR. CANONI: Objection as to form. 15 A. I was deposed in that case. 16 THE WITNESS: No, I don't know. 16 Q. Okay. I'm sorry. That was one of the 17 BY MR. COON: 17 cases you told us about this morning? 18 Q. Do you know whether or not any Sears 18 A. Yes, that's correct. 19 employees were ever diagnosed with any asbestos- 19 MR. CANONI: Brent, I will tell you the 20 related health problems, the employees being the 20 Friction Materials - the FMSI documents, for ease 21 ones that worked around any of the Maremont brake 21 of reference, were documents that we included in 22 products? 22 our production but that were not necessarily in 23 A. When I worked there? 23 Maremont's files. 24 Q Yes, sir________________________________________ 2A_______ It's just a wholesale production of what--------------- BENUSKA REPORTING Page 285 - Page 288 (630) 834-7828 T William Cotton vs. A.P. GreenMulti-PageTMCarl Liggett, 8-15-02 Page 289 Page 291 1 we got from somebody else. 2 BY MR. COON: 1 All those problems existed. 2 Q. Did you know Mr. I.H. Weaver? I think he 3 Q. Well, I'm skipping over most of the rest 4 of it too. You apparently didn't have much 3 might have been a corporate director at Raybestos 4 Manhatten. 5 knowledge about this subject matter. 5 A. No, I did not. 6 Have you seen any articles, research 6 Q. He had written to Mr. Drislane at 7 literature that associates, or even disassociates 7 Friction Materials. And I think I asked you 8 asbestos-related health problems from people that 8 before, did you know Mr. Drislane? 9 work in the grinding processes on friction 9 A. I did not. 10 materials? 11 A. No, I have not. 10 Q. Were you ever privy to information that 11 they circulated concerning asbestos hazards in 12 Q. Do you know when or if Maremont initiated 12 1975? 13 any efforts to remove asbestos from their brake 13 MR. CANONI: Objection as to form. 14 shoes? 15 MR. CANONI: I'm sorry, the question was as to 14 THE WITNESS:Not necessarily. 15 BY MR. COON: 16 Maremont? 17 BY MR. COON: 16 Q. Do you know whether or not you were 17 personally able to observe a program that might 18 Q. Yes, sir, first as to Maremont. 18 have been disseminated through them called Asbestos 19 A. I think they initiated those efforts 19 Killer Dust? 20 about 1974 or'5. 21 Q. Was that as a result of the problems 20 A. I don't recall that. 21 Q. Do you recall seeing any other films or 22 associated with asbestos? 22 programs dealing with asbestos that was circulated 23 A. Yes, it was. 23 from ALA or the Friction Materials Standards 24 o. And do vou know whether or not thev were 24 Institute or within Maremont concerning asbestos Page 290 Page 292 1 successful to any degree in finding substitutes for l hazards? 2 asbestos? 2 MR. CANONI: Objection as to form. 3 A. They were not. 3 THE WITNESS: Yes, I did see some - at least 4 Q. With respect to Nutum, do you know 4 one film. 5 whether or not they were initiating any such 5 BY MR. COON: 6 efforts? 6 Q. Do you recall what that was? 7 A. At what time? 7 A. No, I don't. 8 Q. During the time frames that you worked 8 Q. Was it a copy of something that was on 9 for them, sir. 9 television or syndication or was it something that 10 A. Yes, they did. 10 was prepared in-house, or do you recall? 11 Q. This would be '77 to '81? 11 A. It was a film that was purchased. I 12 A. That's right. 12 don't know the origin of it. I don't recall. 13 Q. And do you know whether or not they were 13 MR. CANONI: Do you know whether that was with 14 having any success in finding substitutes for 14 Maremont or Nutum? 15 asbestos in their asbestos-containing friction 15 THE WITNESS: Yes, I do. That was with 16 materials? 16 Nutum, excuse me. 17 A. They were having some success. 17 MR. CANONI: That's understandable. 18 Q. Do you know what the problems were, if 18 BY MR. COON: 19 any, with achieving full success for substitutes? 19 Q. Do you know if that was a Nutum prepared 20 A. Finding products that had the right 20 videotape? 21 friction coefficient, products that wouldn't wear 21 A. No, it was not. 22 out quickly or wear out the brake drum or disc pad 22 Q. Do you know who it was prepared by? 23 quickly, products that wouldn't fade in high heat 23 A. I don't recall. 24 nr recover quickly after getting wet.___________________ 74 BENUSKA REPORTING (630) 834-7828 Q Do yon know of any of the efforts hy AIA------------ Page 289 - Page 292 William Cotton vs. A.P. Green Multi-PageTM Carl Liggett, 8-15-02 Page 293 Page 295 1 to oppose the additional restrictions on workplace l since we've covered a lot of area, are there things 2 exposure to asbestos in the 1976 and 1980 3 standards? 2 now that having discussed them that you now feel 3 this sudden urge to say oh, I need to tell him 4 MR. CANONI: objection as to form. 5 THE WITNESS: I'm aware that that was 4 something else about this or that to clarify 5 something you said earlier? 6 discussed extensively at ALA meetings. 6 A. No. I think you've covered it very 7 BY MR. COON: 7 thoroughly. 8 Q. And one of the problems with restricting, 8 Q. To the best of your knowledge did you 9 further restricting the workplace exposure lower 9 understand the questions that we asked that 10 than the '72 standards was going to be the cost 10 elicited an answer? 11 associated within the companies with maintaining -- 11 A. Say that again, please. 12 reaching and maintaining compliance, correct? 12 Q. Of all questions for him to ask me that 13 A. That is one issue. 14 Q. And in some areas there was probably a 13 now. 14 Have you been able to understand the 15 concern with respect to even being able to achieve 15 questions that we asked of you today that resulted 16 compliance, is that correct? 16 in you giving us an answer? 17 A. That's correct. 17 A. Yes, I think so. 18 Q. Did you have any dealings with 18 Q. Any time you did not understand the 19 Mr. Mereness, M-e-r-e-n-e-s-s who was an executive 19 question thoroughly you did just as you did there, 20 director for ala for some period of time in the 20 which is ask me to rephrase or repeat? 21 '70s? 22 A. No, I didn't. 21 A. I think I did. 22 MR. COON: okay. We have no further questions 23 Q. Did you have any involvement with 23 of you today. 24 representatives of anv of the other companies that 24 Thank vou. sir. Page 294 Page 296 1 were members of the ALA or the Frictions Materials l MS. BLACKWELL: Jennifer Blackwell on behalf 2 Institute? 2 of Borg-Warner. We have no questions. 3 A. Nothing beyond sitting at tables with 3 MR. ZAENGLE: Ed Zaengle on behalf of Dresser 4 them for lunch and dinner. 4 Industries has no questions. 5 Q. Never independently consulted with 5 MR. CANONI: I have no questions. 6 representatives of Bendix or other friction 6 Thank you. 7 material suppliers or manufacturers concerning 7 THE VIDEOGRAPHER: This concludes the 8 their own problems with OSHA or meeting compliance 8 deposition of Carl Liggett. 9 or health issues? 9 The time is 5:52. End of tape 3. 10 A. No, I did not. 10 (FURTHER DEPONENT SAITH NOT AT 5:52 P.M.) ll Q. Do you know if anyone else within 11 12 Maremont did so? 12 13 A. Not to my knowledge. 13 14 MR. COON: if I can have about two minutes off 14 15 the record, I think we're about to conclude. 15 16 THE VIDEOGRAPHER: off the record, 5:48. 16 17 (Whereupon, a break was taken 17 18 from 5:48 until 5:51 p.m.) 18 19 THE VIDEOGRAPHER: On the record, 5:51. 19 20 BY MR. COON: 20 21 Q. Mr. Liggett, we've covered a lot of 21 22 ground today, and I appreciate your patience in 22 23 answering the questions that we've had for you. 23 24_______ In retrospect I'd like to ask yon, sir,_____________ 24---------------------------------------------------------------- ------------------ BENUSKA REPORTING Page 293 - Page 296 (630) 834-7828 William Cotton vs. A.P. Green Multi-Page7 Carl Liggett, 8-15-02 Page 297 1 IN THE DISTRICT COURT OF 1 2 JEFFERSON COUNTY, TEXAS 3 60th judicial district 4 WILLIAM L. COTTON, et al., ) , 2 3 4 5 Plaintiffs, 6 vs. ) )Cause No. 5 6 7 A.P. GREEN REFRACTORIES CO., ) B-150, 374-AK 8 et al., ) 7 8 9 Defendants. ) 9 10 This is to certify that I have read the 10 11 transcript of my deposition taken on August 15, 11 12 2002,, 2002 in the above-entitled cause by Roselind 12 13 C. Benuska, CSR, consisting of Pages 1-299, 14 inclusive, and that the foregoing transcript 13 14 15 accurately states the questions asked and the 15 16 answers given by me, with corrections, if any, 16 17 appearing on the attached correction sheet(s). 17 18 correction sheet(s) attached. 18 19 19 20 20 21 CARL LIGGETT SUBSCRIBED AND SWORN TO 22 before me this day 21 22 of ,20 23 24 Page 298 1 STATE OF ILLINOIS ) 2 ) SS: 3 COUNTY OF DU PAGE ) 4 I, Roselind C. Benuska, a Certified Shorthand 5 Reporter and Notary Public within and for the 6 County of DuPage and State of Illinois, do hereby 7 certify that heretofore, to-wit, on the 15th day of 8 August 2002, personally appeared before me at 8000 9 Joliet Road, McCook, Illinois, CARL LIGGETT, in a 10 cause now pending and undetermined in the 60th 11 Judicial District, Jefferson County, Texas, wherein 12 WILLIAM L. COTTON, et al. are the Plaintiffs, and 13 A.P. GREEN REFRACTORIES CO., et al. are the 14 Defendants. 15 I further certify that the taking of this 16 deposition was pursuant to Notice and that said 17 witness was first duly sworn to testify the truth, 18 the whole truth and nothing but the truth in the 19 cause aforesaid; that the testimony then given by 20 said witness was reported stenographically by me in 21 the presence of the said witness, and afterwards 22 reduced to typewriting by Computer-Aided 23 Transcription, and the foregoing is a true and 24 correct transcript of the testimony so given hy_________ BENUSKA REPORTING (630) 834-7828 said witness as aforesaid. Page 299 I further certify that the signature of the witness to the foregoing deposition was not waived. I further certify that my certificate annexed hereto applies only to the transcript signed and notarized by me and produced by me personally or under my direction and control. The undersigned assumes no responsibility for the accuracy of any reproduced copies not made under my control or direction. I further certify that I am not counsel for nor in any way related to the parties to this suit, nor am I in any way interested in the outcome thereof. IN TESTIMONY WHEREOF: I have hereunto set my hand^nd affixed my notarial seal this J^-^ciay of 2002. ROSELIND C. BENUSKA Notary Public, DuPage County, Illinois Certified Shorthand Reporter License No. 084-002031 | "^OFFICIAL SEAL" I Roselind C. Benuska i Notary Public, State of Illinois My Commission Exp.07/10/2005 Page 297 - Page 299 T T T William Cotton vs. A.P. Green +________ $175 [1J 13:12 '90s[i] 32:4 '93 [l] 31:7 '95 [l] 32:9 '30s [3i 49:17 50:3 186:5 *4 [i] 23:15 '40s [i] 180:13 '42 in 180:19 '5 [ii 289:20 '50s m 49:19 49:22 50:17 180:9 215:21 222:7 222:10 '53[ii 189:14 '60s [9j 81:14 82:11 214:21 214:22 222:4 222:5 222:10 240:7 269:18 '67 [i] 82:17 '68 [ii 82:17 '70 [2i 23:15 38:10 '70s [12] 35:6 195:5 212:16 253:11 267:23 272:6 283:11 293:21 75:21 216:6 269:19 283:16 '72 [71 209:22 232:21 264:15 266:19 267:12 274:12 293:10 '73 [33] 23:15 24:20 24:21 35:9 38:20 39:6 41:19 44:4 81:17 82:13 87:21 99:23 101:20 101:22 104:17 104:23 126:16 127:7 127:11 127:12 132:14 208:1 230:7 255:21 261:13 267:13 267:14 269:23 273:17 274:9 276:18 276:23 277:10 '74 [i] 274:10 '75 [3] 205:15 283:5 283:7 '76 [i] 26:4 '77 [2i] 26:6 26:9 39:6 39:14 40:7 44:4 87:21 88:1 94:11 100:18 101:6 101:13 101:16 104:23 126:16 126:20 127:9 132:14 132:22 273:17 290:11 ' 80s [i] 88:1 '81 [12] 26:10 26:19 27:17 28:11 39:2 39:14 88:3 109:8 112:18 126:24 269:23 290:11 '86 m 28:8 28:11 28:15 '89 [i] 30:2 90 m 30:2 -and[i] 2:15 -VS[i] 1:7 _______ -0 084-002031 [2] 1:17 299:24 -1- l[i] 115:2 l-299[i] 297:13 10 [3] 81:22 141:19 198:10 100,000 [i] 204:12 10019-6799[i) 2:13 1025 [l] 2:18 10:58 m 5:5 1:21 11:09 m 16:9 11:11m 16:11 12 [5] 67:10 145:3 146:1 146:3 146:7 1279 [l] 280:24 12:32 m 87:8 87:6 14 [i] 146:8 1402 [i] 255:19 1436 [l] 168:6 1439 [l] 172:24 15 [2] 5:4 297:11 1558 [1)205:10 15th [2] 1:20 298:7 1633 [IJ 2:12 18 [2] 56:1 184:19 1930s [i] 49:3 1942 [2] 180:11 180:14 1950s [3] 180:23 215:2 215:7 1953 [l] 182:10 1965 [l] 21:12 1966 [l] 22:8 1969(2] 275:8 275:14 1970 [l] 22:8 1970s [i] 268:6 1972(6) 208:22 209:13 210:3 225:14 258:5 265:4 1973 [7j 39:1 41:9 41:22 211:3 259:14 260:21 261:4 1974 [2] 24:19 289:20 1975(2] 26:4 291:12 1976(2] 285:3 293:2 1977(4] 26:5 95:8 Multi-PageTM 96:17 97:7 1980 [11293:2 1981 [i] 26:8 1986 [i] 245:7 1989 [il 245:8 1:40 [21 87:8 87:10 -2- 2(5] 115:6 146:1 146:3 181:9 228:16 20(5] 8:18 184:19 203:16 283:5 297:23 200 [l] 86:10 2002(6] 1:20 5:4 297:12 297:12 298:8 299:18 21 [i] 203:16 2182 [i] 8:14 22[i] 275:11 23 [i] 285:3 24 [.] 23:21 25 [2] 144:22 276:23 25,000(2] 167:7 167:22 26 [i] 283:6 29 [i] 255:18 2:08 [2 115:3 115:5 2:11 [2 115:5 115:7 2:44 [2 148:8 148:10 -3- 3 [3] 146:6 228:20 296:9 30 [i] 68:2 30s [i] 239:21 3162 [i] 150:9 32 [i] 139:14 3550(1)2:4 374-AK [2] 297:7 39[i] 215:3 3:02(2] 148:10 1:8 148:13 -4- 4[i] 198:10 40,000 [3] 167:8 167:20 168:1 400 [i] 3:19 4200 [l] 3:11 46[i] 184:9 46260[i] 3:20 466[i] 283:4 4693 [i] 179:5 4:28(2] 228:17 228:19 4:38 m 228:19 228:21 -55(2] 75:24 217:11 $175 - activities Carl Liggett, 8-15-02 50 [4] 60:17 62:16 68:2 141:19 166:9 166:15 201:5 291:17 293:15 295:14 53[i] 5:2 54(2] 184:10 184:20 550 m 2:17 5:48p 294:16 294:18 5:51 [2 294:18 294:19 5:52(2 296:9 296:10 5R [i] 139:20 -6- 6 [2] 145:2 146:7 600 [i] 3:10 60611 -7602 [i] 3:5 60TH [2] 297:3 60th [2] 5:10 1:3 298:10 65 [i] 139:15 6D[i] 139:20 -7- 7 m 23:21 7053[i] 188:23 7055(1)189:15 7102 [l] 188:23 7103 (l] 194:9 77002 [i] 3:12 77701 [2] 2:19 2:5 7D [i] 139:20 7M [i] 139:20 abnormalities [i] 223:24 above [i] 216:19 above-entitled [i] 297:12 abroad [l] 148:22 absolutely [i] 57:6 absorber [4] 42:21 94:22 111:6 135:21 absorbers [8] 42:9 43:6 83:7 84:11 111:13 42:4 45:11 110:15 AC&L [2] 64:2 63:24 accommodate [i] 83:1 according [i] 256:3 accounts (7) 37:7 47:24 71:13 102:13 125:18 130:17 158:13 accuracy [i] 299:9 Accurate [7j 9:6 9:7 19:21 20:2 32:7 32:9 32:12 accurately pj 178:19 195:3 297:15 achieve [i] 293:15 achieving [i] 290:19 Acme [i] 185:3 acquire pj 74:5 95:22 113:18 129:10 238:12 -8- 8(3) 4:4 218:19 8000 (3] 1:19 298:8 8T[i] 139:21 217:11 5:6 -9- 9-11-75 [i] 205:15 9102 [i] 3:18 944 [i] 276:24 949 [i] 257:16 -A- A-r-v-ii-n [i] a.m [2] 1:21 A.P [4] 1:8 297:7 298:13 Abex [3j 94:4 94:8 ability [3] 147:3 282:9 able [17] 7:6 29:11 110:24 115:11 115:14 132:17 142:11 133:5 5:5 5:8 94:3 84:24 13:19 113:23 131:21 155:14 acquired pi] 37:12 39:8 50:15 50:17 51:7 52:3 63:2 74:10 95:2 95:3 108:22 113:3 114:8 119:18 119:23 122:11 126:20 132:24 140:18 150:21 150:23 150:24 151:18 180:4 180:12 180:22 185:20 188:2 188:18 189:13 189:24 acquirers [i] 53:20 acquiring [3] 64:5 89:1 133:18 acquisition [i4]37:7 52:23 63:17 64:17 89:5 97:18 98:12 98:20 120:5 180:7 181:20 183:17 186:19 191:14 acquisitions [l] 64:11 active [l] 22:11 actively [2] 34:2 31:16 activities [is] 38:24 42:1 95:2 95:9 131:4 132:2 132:15 132:19 149:10 191:14 194:4 207:19 220:14 BENUSKA REPORTING (630) 834-7828 Index Page 1 William Cotton vs. A.P. Green 233:5 233:18 237:4 248:9 283:13 activity [i] 64:21 actual [7j 62:21 146:13 159:3 160:19 200:4 221:20 279:22 add [2] 191:9 285:22 addition [3] 121:7 123:3 244:8 additional [io] 169:18 169:20 179:6 243:8 243:19 243:21 265:14 273:2 273:19 293:1 address [6] 8:12 97:15 131:23 131:23 132:4 132:6 addressed [ij 230:2 addresses [i] 260:18 addressing [i] 216:5 adhere [21 177:19 176:7 adhered [ij 177:12 adhesive [121 145:7 145:22 177:8 177:24 178:15 178:16 204:24 205:5 145:5 176:14 178:8 204:15 adjust [ij 200:20 adjusted [i] 200:21 adjuster [3] 200:12 200:14 200:16 admonishment [2] 225:18 225:19 admonishments pj 228:5 263:16 273:20 adversely [i] 130:15 advertising [2] 194:3 194:4 advice [2] 273:24 212:13 advise p] 227:22 advised [i] 216:14 advising [i] 277:9 advisory [ij 272:22 affected [ij 233:2 affecting [i] 237:11 affects [2) 238:3 237:21 affidavits [2] 118:6 118:8 affix [1] 199:20 affixed [i] 299:17 aforesaid [21 298:19 299:1 aftermarket po] 43:17 43:19 45:12 45:14 48:1 48:3 56:11 71:14 71:15 72:20 afterwards p] 298:21 Again [22] 19:17 23:22 30:19 37:18 46:10 56:6 56:11 67:3 83:21 129:16 137:4 137:20 138:6 138:8 177:1 178:21 196:10 197:2 201:14 228:11 255:11 267:20 again [44] 32:1 53:23 57:21 64:1 67:1 67:14 76:19 89:12 103:15 103:24 104:16 124:24 125:10 127:16 136:17 139:22 152:6 152:21 168:17 168:21 173:21 175:7 175:8 175:22 180:16 191:9 222:15 241:10 243:12 249:5 252:5 252:18 254:8 255:17 256:6 268:4 271:16 273:10 276:15 277:4 282:11 284:23 285:16 295:11 against [] 47:7 47:11 47:20 60:5 141:17 176:15 176:16 237:10 287:19 agent [i] 224:15 agents pj 213:17 ago [4] 10:11 67:15 208:15 255:16 agree [5] 258:4 260:7 268:16 282:10 282:20 agreed 3] 12:5 258:11 259:15 agreeing [i] 114:19 agreement [v] 6:22 7:9 12:17 153:8 157:13 159:21 193:16 agreements [i] 153:3 AIA [23] 233:23 234:10 234:11 235:18 235:23 236:3 236:19 237:1 237:4 237:7 237:9 237:13 243:7 243:14 244:11 244:17 244:18 250:9 291:23 292:24 293:6 293:20 294:1 aid [3] 192:15 192:16 192:21 aim [i] 173:4 AIO [4] 230:18 231:13 256:2 257:4 Air [io] 21:22 22:14 22:15 22:16 22:18 37:20 38:10 22:1 22:16 24:7 air [27] 37:21 131:15 210:24 213:24 214:2 214:7 214:14 218:9 219:14 219:18 219:21 220:1 220:5 220:12 220:17 220:21 221:14 221:21 222:10 225:4 254:24 270:9 270:14 270:14 271:14 278:3 278:12 airborne [2] 268:10 268:3 Multi-PageTM aircraft [3] 22:3 22:19 37:23 airplanes [i] 38:3 Airways [i] 85:16 85:17 85:20 86:2 86:8 97:12 107:14 108:9 108:15 108:19 109:19 109:23 110:9 110:10 110:19 111:8 111:11 111:11 111:22 al[8] 1:5 1:9 5:8 5:9 297:4 297:8 298:12 298:13 Alarm 234:22 alive [i] 91:12 All-In-One [i7] 120:14 123:13 124:4 124:23 125:4 125:5 125:7 125:13 126:7 127:13 128:11 128:17 129:11 136:22 230:19 254:10 280:1 All-In-Ones [4] 122:10 126:13 126:14 128:5 allegations [i] 287:19 alleged [2] 208:8 11:6 alleges [i] 287:9 Alliance [6] 19:10 19:16 26:17 28:24 29:5 29:15 Allied [i3] 69:12 69:14 69:15 69:24 94:16 97:11 100:10 100:18 122:15 124:8 125:1 147:11 171:18 Allis-Chalmers pj 186:22 187:1 allow [2] 152:18 90:9 allowed pj 153:1 153:8 153:11 almost [2] 130:21 72:19 along [4] 113:10 114:12 218:2 274:12 alphabetical [i] 207:8 alternative p] 177:23 always [4] 32:14 70:7 86:22 174:10 Amatex [S] 66:18 66:21 202:19 202:20 202:23 ambient p] 264:1 America [3] 78:14 148:22 185:3 American [2] 94:6 95:18 Amoco p] 6:5 3:15 amosite p] 249:18 amount [6] 13:3 77:15 175:5 218:13 activity - asbestos Carl Liggett, 8-15-02 218:18 265:15 Ampco [i] 264:16 analysis [i] 221:11 anchor [i] 200:15 ANDREWS m 3:9 anecdotal p] 51:16 Angeles pj 179:14 annexed p] 299:5 annual [6] 222:22 223:2 223:5 223:19 274:18 275:1 answer [13] 35:10 67:21 81:13 89:3 99:12 158:6 191:23 212:8 223:13 261:10 265:22 295:10 295:16 answered [2] 44:16 99:18 answering p] 294:23 Answers [i] 261:3 answers p] 135:13 182:11 297:16 anticipate [2] 241:16 241:21 anticipation p] 227:5 apologize p] 208:15 apparatus [2] 142:23 186:9 appear pj 168:13 170:15 194:15 196:16 APPEARANCES p] 2:1 3:1 appeared [2] 191:6 298:8 appearing p] 297:17 apple [i] 234:23 applicable [2] 62:9 62:11 application [i4] 35:14 43:17 46:3 61:17 62:12 148:19 164:11 181:15 184:11 184:18 197:23 225:15 236:13 268:24 applications p] 43:19 74:11 184:16 201:21 209:7 applied p] 178:10 187:19 193:8 204:15 258:17 applies [i] 299:6 apply [3] 162:19 193:4 198:12 applying [i] 178:3 appreciate [i] 294:22 apprised p] 216:9 approach [i] 184:12 appropriate [3] 7:20 211:13 257:5 approval [i] 257:13 approve [2] 279:2 279:5 approximate pj 142:15 approximation [i] 261:16 Arc [i] 197:6 arc [6] 142:14 142:15 142:18 197:4 197:10 285:17 architectural pi 27:22 area [g] 17:13 34:17 201:19 204:15 214:2 218:12 228:9 295:1 areas m 196:1 219:8 219:10 223:7 241:11 265:16 266:15 266:17 293:14 arena [2] 246:22 242:3 arising [il 239:9 arranged [4] 12:10 12:13 29:14 247:4 arrangement [2] 161:1 248:4 arrangements [2] 152:24 160:17 arrival [3] 81:23 82:8 127:7 arrivec [2] 278:20 81:17 arrogant [i] 113:6 articles [2] 289:6 242:22 Arvin [5] 132:10 133:1 133:2 133:3 133:6 Asbestos [6] 57:1 63:5 234:1 238:15 280:24 291:18 asbestos [ns] 11:6 18:10 35:1 36:17 37:3 37:17 38:5 43:5 44:2 44:7 44:12 44:13 44:19 45:7 46:11 53:18 60:9 60:12 60:13 60:18 60:21 60:23 61:4 62:17 62:24 63:1 63:2 63:18 64:5 64:23 65:9 65:15 66:13 66:15 66:19 67:16 67:22 68:4 68:12 68:12 68:18 68:20 69:2 89:20 89:24 90:4 134:1 135:11 135:15 139:13 139:20 140:7 140:7 140:10 143:11 149:8 166:23 181:22 190:10 190:23 191:4 203:1 203:4 207:24 208:5 208:8 209:3 209:4 209:16 209:21 210:5 210:8 210:15 210:23 212:12 212:19 214:3 214:4 215:2 BENUSKA REPORTING (630) 834-7828 Index Page 2 T William Cotton vs. A.P. Green 215:7 216:6 216:12 69:10 70:2 73:3 218:3 222:18 225:16 225:20 226:2 226:3 227:17 229:11 231:3 232:20 233:19 234:13 235:3 235:9 235:11 235:21 236:8 237:11 237:16 237:22 238:4 238:20 238:23 239:4 239:20 239:24 240:12 240:18 241:3 241:9 241:14 241:18 241:19 241:19 242:5 242:8 243:16 243:22 244:5 244:19 245:7 245:15 245:21 246:24 248:13 249:1 249:9 249:13 249:14 250:1 250:4 250:15 250:20 251:21 253:22 258:18 262:10 263:3 263:14 264:19 265:10 266:9 266:22 266:24 268:3 268:10 268:21 268:21 268:23 269:14 272:6 272:24 273:21 274:14 275:19 277:12 278:3 278:12 281:20 282:3 283:8 73:4 74:24 82:6 86:4 149:1 172:5 205:4 73:22 76:6 82:21 98:5 159:3 196:7 263:4 73:24 78:4 83:4 111:7 171:22 199:21 271:4 assets [S] 91:21 94:10 182:9 188:18 188:19 assist [3] 14:9 116:8 243:8 assisted [2] 170:12 117:6 assisting [i] 15:3 associated [i6] 91:13 93:3 96:3 118:17 121:22 204:6 208:5 215:2 215:6 243:10 245:14 249:1 249:12 252:10 289:22 293:11 ASSOCIATES [i] 2:3 associates [l] 289:7 Association pj 234:2 283:14 283:19 284:6 238:15 286:19 289:13 289:22 association [i] 241:24 290:2 290:15 291:11 291:22 291:24 293:2 associations [i] 250:14 asbestos-containing [7] 9:1 44:21 140:13 140:19 236:5 assume [3] 155:22 210:2 120:11 287:21 290:15 assumes pj 299:9 asbestos-induced p] assuming [i] 180.3 243:1 assumption [ij 27:6 asbestos-related [i3j 11:3 11:12 18:7 18:19 222:24 235:10 240:17 241:1 247:7 286:13 287:9 287:20 289:8 asbestosis poj 238:7 239:9 239:17 239:21 242:15 242:24 249:16 249:23 250:5 262:11 aspects [11 94:18 assemble [i] 52:15 assembled [28] 36:3 41:8 47:14 70:4 70:12 70:14 76:8 76:16 77:11 77:19 atmosphere [i] 264:2 atmospheric [i] 266:9 attached [5] 72:7 118:18 178:11 297:17 297:18 attaining [i] 22:4 attempt [2] 219:1 130:2 attend [l] 236:19 attention p] 87:16 207:23 attorney [2] 12:20 29:13 attorneys [4] 12:11 80:9 80:13 80:19 122:13 122:19 124:10 125:3 126:3 159:19 160:6 160:20 164:18 166:5 166:11 176:4 176:5 200:3 226:1 I 12:13 13:20 117:10 atypical [i] 129:20 audiovisual [i] 5:13 auger [2] 144:20 144:13 assemblies [3] 70:16 126:9 152:4 assembling [4] 35:3 112:3 181:22 210:7 assembly [37] 21:17 35:14 35:18 36:1 37:1 37:13 43:6 August [6] 1:20 5:4 283:5 283:6 297:11 298:8 authentication [2] 7:10 7:17 authoritatively [i] 129:22 46:11 47:20 48:7 Auto [3] 72:8 271:19 65:16 66:24 67:4 283:14 BENUSKA REPORTING (630) 834-7828 Multi-PageTM auto [3] 52:17 59:1 110:5 automatic [4] 80:23 81:6 81:8 83:21 automatically [2] 84:12 200:21 automobile [l] 72:6 automobiles [i] 48:6 Automotive [i] 133:7 automotive [7j 181:14 181:23 181:24 184:11 184:14 268:1 268:8 availability [i] 7:4 available [12] 11:17 11:24 12:6 12:8 13:1 13:4 13:22 20:17 11:11 12:3 12:18 13:11 average [2] 218:20 217:12 averages m 232:19 avoid [8] 225:20 227:22 228:7 237:14 256:4 256:10 263:16 269:13 avoiding [ij 273:24 aware [77] 17:10 40:15 44:17 65:5 93:6 95:15 149:9 150:5 153:4 153:5 153:13 179:11 180:6 181:12 181:19 182:2 182:5 184:12 187:9 194:7 208:14 211:14 211:18 212:24 215:1 215:5 216:10 216:18 222:3 222:13 223:9 223:23 224:2 224:3 227:14 227:19 227:19 228:2 228:3 228:4 232:17 233:4 238:6 239:6 239:7 240:3 240:13 240:23 242:11 242:22 245:12 245:19 246:7 246:13 249:7 250:18 253:2 253:20 256:15 259:7 262:9 262:12 267:21 268:5 270:8 270:20 271:1 274:16 281:18 281:22 282:1 282:5 283:13 287:1 287:2 287:8 293:5 away [i] 205:7 awful [i] 206:14 awhile m 255:16 67:15 axles [1] 150:14 -B- B [ij 4:8 B-150m 1:8 5:11 297:7 B-o-c-k-a-y p] 281:4 B-r-a-k-ep] 120:11 asbestos-containing - bit Carl Liggett, 8-15-02 B-y-r-o-n [i] 99:15 B.P[i] 6:5 background [2] 20:23 221:4 backing [3] 47:9 47:14 123:7 backup [s] 45:10 49:5 89:16 96:16 103:11 141:10 223:17 262:5 bad[i] 114:10 Badagowski [3] 281:2 284:23 284:24 bakep] 176:21 bales [2] 60:17 62:16 Ballpark [i] 23:14 ballpark [i] 82:16 band [4] 176:16 198:5 202:8 202:10 bankruptcy [l] 30:22 Base [3] 22:16 22:16 22:18 basep] 22:17 Based [2] 268:13 236:18 based [12] 85:10 85:11 148:3 167:21 235:14 235:17 254:11 259:22 62:5 121:16 196:6 235:19 baseline pj 222:14 basic [l] 142:18 basis [3] 83:24 104:9 132:24 batches pj 172:21 Bates [5] 7:13 7:16 277:1 7:12 188:23 batteries [4] 131:1 163:23 163:24 164:7 battery [6] 163:7 163:8 163:9 163:19 163:21 163:22 battery-operated p] 218:10 beam p] 146:1 Bear [2j 179:8 179:9 Beaumont [3] 2:5 2:19 185:3 became po] 17:9 26:11 92:21 124:19 180:3 208:13 212:24 215:5 238:14 265:8 Bechtel [2] 6:6 3:14 become [2j 251:7 105:7 becomes [2] 7:1 251:4 becoming pj 92:24 105:17 began p] 222:12 begin pi 184:12 Beginning p] 267:8 beginning [2] 210:22 210:23 behalf [io] 11:13 19:6 19:7 224:17 244:10 247:24 288:7 288:14 296:1 296:3 beings [i] belief pj 259:24 235:1 252:19 believes [2] 260:9 8:22 bell [ij 205:24 beltings [ij 188:10 Bendix [10] 75:17 76:4 152:22 152:23 152:23 153:1 153:2 153:6 161:20 294:6 benign PI 242:9 BENSON pi 2:11 BENUSKA [i] 299:22 Bcnuska [S] 5:17 5:17 298:4 1:16 297:13 BERNSEN pj 2:16 best pi] 35:2 45:13 48:2 51:11 52:1 56:10 69:4 93:21 105:21 117:11 121:6 127:21 131:14 135:17 151:21 170:20 180:10 191:8 222:11 257:14 295:8 better [is] 24:17 72:1 95:6 115:23 124:6 144:7 208:19 216:21 243:22 263:1 14:1 72:16 121:6 202:22 241:10 Between p] 250:4 between [24] 33:3 48:16 92:1 96:8 106:24 160:17 208:23 229:2 231:1 240:16 241:24 242:23 252:2 253:11 257:2 279:12 26:9 57:7 104:22 193:16 229:10 240:24 250:14 256:12 beyond [4] 241:22 244:1 258:13 294:3 big [9] 47:17 47:19 47:21 55:24 67:12 143:19 146:21 195:8 204:5 bigger pi 262:19 biggest [i] 76:2 billing 1] 64:10 billings HI 97:22 bills [i] 64:20 binders [21 190:24 143:13 binding [21 90:19 90:16 bit p] 53:4 53:5 Index Page 3 William Cotton vs. A.P. Green 88:13 90:13 151:16 187:4 218:4 Black [6] 100:3 102:11 102:23 104:20 105:8 113:12 black [7i 178:7 280:3 280:4 280:5 280:10 280:10 280:12 BLACKWELL [4] 3:17 3:21 6:3 296:1 Blackwell [2] 296:1 BLAZEK nil 6:7 6:13 7:5 7:18 7:24 8:5 260:15 6:3 2:20 6:17 7:22 38:15 Blazek[i] 6:7 blend [i] 143:9 blending m 143:8 BLOCKm 3:3 block [13] 46:24 47:16 47:19 119:12 136:20 145:12 181:9 187:6 196:17 201:21 201:22 202:6 204:2 blocks [is] 55:17 56:6 70:9 70:13 72:23 73:8 73:9 121:14 122:4 179:8 181:10 182:18 183:24 187:5 187:23 blood [2] 251:5 251:4 blow [2] 234:24 270:15 board [i] 145:24 boards m 172:13 Bob [15] 15:10 27:10 92:9 92:12 99:5 99:7 99:9 100:4 100:21 101:12 102:15 106:15 114:10 231:21 274:4 Bob's [i] 15:11 Bockay [6] 281:3 281:5 281:6 281:14 281:18 282:13 bodily [l] 228:8 Body [2] 36:6 36:5 body [l] 72:14 bolts [l] 199:19 Bomb [2] 139:2 43:15 Bombs [i] 140:16 bonded m 176:8 176:12 176:13 bonding [i] 177:7 book[i] 54:12 Borg-Wamer[3] 3:22 6:4 296:2 bom [2] 21:3 185:9 boss [3] 100:17 104:8 113:4 bosses [i] 113:11 bottom [ii] 172:23 173:9 173:20 175:8 175:11 175:18 176:1 178:3 189:17 200:16 200:17 bought [6] 28:24 59:9 62:19 120:17 136:5 151:14 Boulevard [i] 5:3 Box [2] 138:23 138:24 box [19] 116:3 129:5 141:17 141:19 141:20 141:20 145:8 159:16 159:24 160:4 160:16 160:18 165:14 165:17 256:20 260:18 279:22 280:1 280:17 boxes [24] 124:22 159:18 165:6 167:10 226:8 226:17 227:10 227:21 228:5 231:13 256:22 258:5 259:4 259:9 259:16 260:1 261:18 261:20 273:3 273:18 277:5 277:15 279:14 279:17 brain [i] 79:19 Brake [5] 60:1 94:6 167:14 281:1 281:7 brake [147] 9:1 36:11 36:16 41:8 46:23 46:24 47:9 47:11 47:17 47:20 52:7 52:8 52:10 52:19 52:22 52:23 52:24 53:3 58:7 58:15 59:2 59:6 60:3 61:10 61:21 62:9 67:15 69:11 69:12 70:8 74:24 77:8 77:16 77:16 83:19 84:11 85:22 109:12 109:15 110:9 111:7 111:18 119:11 121:3 121:13 122:3 122:20 122:22 123:13 124:2 124:2 128:21 128:22 128:24 134:9 136:10 137:11 139:10 141:12 142:2 142:16 146:13 146:19 152:4 156:1 156:7 156:17 157:9 157:24 159:6 160:15 161:9 162:21 164:2 164:4 164:5 164:10 164:17 167:22 169:11 169:15 170:16 171:8 171:9 171:10 171:11 173:23 176:1 177:12 177:20 178:5 178:10 178:11 179:7 179:23 181:9 181:10 184:10 184:10 184:20 187:5 187:6 187:11 187:13 187:23 187:23 192:21 193:14 193:17 BENUSKA REPORTING (630) 834-7828 Multi-PageTM 197:1 198:2 198:13 198:14 198:16 199:3 199:15 200:3 200:5 246:9 254:3 254:14 254:18 263:20 268:2 268:9 268:20 269:2 269:11 269:15 269:17 270:1 270:1 270:5 270:15 270:18 271:4 271:24 272:6 277:24 280:15 280:15 280:15 282:2 285:8 286:21 289:13 290:22 Brake-In-A-Box [iij 120:10 120:13 122:9 123:12 123:15 123:18 124:23 125:4 125:9 125:15 139:1 brakes [57] 35:10 35:12 35:15 36:21 37:7 37:11 47:5 47:17 54:20 54:21 55:4 55:6 55:6 55:19 55:20 57:5 57:11 57:19 58:3 59:10 59:10 59:13 59:23 61:3 62:13 70:5 70:22 71:3 72:10 72:22 73:4 73:24 76:9 76:16 76:24 129:5 131:10 135:21 150:14 153:24 161:20 161:22 162:2 163:5 163:13 165:1 182:4 184:17 186:15 192:9 192:10 192:23 200:24 201:1 254:2 269:19 271:18 braking [2] 268:24 57:14 brand [i9] 42:14 42:16 42:17 52:23 59:17 121:24 121:24 122:1 134:9 136:13 137:1 137:11 138:13 138:17 138:21 151:22 154:5 154:10 154:11 brands [S] 121:6 134:24 135:1 164:22 276:4 brass [8] 66:19 67:18 67:19 67:20 177:17 177:18 177:19 203:3 break [ii] 41:17 87:7 115:1 115:4 148:7 148:9 294:17 20:21 87:12 128:4 228:18 breakdown [i] 205:21 breathe [i] 249:14 breathing [3] 218:12 227:23 228:7 BRENT pi 2:6 2:3 Brent [ii] 5:23 90:7 182:22 188:12 224:4 255:7 275:5 279:19 281:21 285:10 288:19 Black - CANONI Carl Liggett, 8-15-02 brevity [i] 253:5 103:21 104:8 Brian [i] 99:13 brief [i] 17:17 Briefly [i] briefly [29] 9:22 9:24 12:23 16:8 18:12 18:24 20:21 20:24 45:11 45:21 47:3 49:5 56:14 61:7 132:13 132:21 168:4 189:7 254:9 148:1 8:20 12:2 16:24 19:22 34:20 47:1 51:17 106:1 143:1 212:22 bring [i] bringing (ij 201:3 173:22 British [2] 89:18 89:17 broad [2] 67:9 150:16 Broadway [ij 2:12 brochure [6] 167:13 168:8 168:13 169:7 170:9 181:6 brochures [4] 150:8 179:3 180:24 181:2 brought [3] 39:23 82:23 151:23 BROWN [2] 3:13 6:5 Brown [2] 148:11 6:5 BS[i] 21:10 build [i] 21:18 building [3] 20:19 70:11 195:8 buildings [3] 195:9 195:10 233:1 Burkett [7] 15:10 15:23 15:24 16:17 16:18 16:19 17:15 Burnett [i] 16:17 buses [2] 150:16 56:1 business [21] 31:2 42:1 81:10 82:7 95:9 101:18 110:5 127:14 130:13 150:20 153:7 172:4 206:8 246:23 27:2 50:16 89:5 108:12 130:11 150:24 179:23 buy [ii] 52:19 53:1 59:5 59:17 59:17 61:21 62:21 62:23 128:22 129:17 163:7 buyer [3] 88:19 276:12 281:2 buying [21 169:12 71:17 bypassed m 105:9 Byron m 91:10 92:9 99:15 99:16 102:12 103:16 103:17 -c- C[5J 1:16 2:14 297:13 298:4 299:22 C-r-e-t -e [i] 80:5 C.S.Rm 1:17 California [io] 23:9 23:16 50:1 50:20 51:3 51:12 179:14 180:18 271:22 272:4 caliper [i] 199:17 carnni 135:22 camera [9] 173:4 173:21 175:7 177:6 196:12 196:15 197:2 198:1 200:10 Canada [ij 63:13 cancer [io] 242:15 243:1 250:13 250:15 250:16 250:18 250:20 251:10 251:11 262:11 cannot [3] 257:11 259:22 260:8 CANONI [157] 2:14 6:9 7:23 15:13 15:15 15:18 15:20 18:14 39:3 40:8 41:12 44:11 50:23 51:8 53:9 70:24 75:22 81:6 83:13 87:3 88:11 89:7 90:7 90:15 90:18 98:2 98:13 101:11 101:15 122:7 123:18 125:5 127:9 127:24 131:6 135:16 143:5 151:11 152:5 153:14 153:18 154:12 157:3 160:8 161:4 162:10 168:16 169:1 171:13 175:11 181:2 182:22 183:11 183:18 183:21 184:3 185:10 186:3 186:8 186:18 187:15 188:12 189:4 189:15 191:17 191:21 192:11 193:19 196:20 199:11 199:22 206:7 206:9 207:15 208:6 209:16 211:11 215:9 215:13 217:16 217:21 217:23 220:2 220:22 221:16 221:24 224:4 226:19 230:10 235:6 235:22 239:12 239:23 240:2 240:20 242:17 245:10 245:16 245:23 246:4 246:12 247:8 247:15 247:18 247:20 248:15 249:2 249:4 252:4 255:1 255:7 255:20 255:22 257:23 258:7 259:18 260:3 260:12 260:17 260:21 261:7 262:3 263:5 264:9 264:21 265:22 269:6 270:19 272:8 273:6 Index Page 4 William Cotton vs. A.P. Green 273:12 275:5 275:10 275:20 278:6 278:15 278:18 278:22 279:19 279:22 280:20 281:21 282:19 283:23 285:10 285:19 286:8 286:15 288:8 288:19 289:15 291:13 292:2 292:13 292:17 293:4 296:5 Canoni [21 6:9 117:9 CANSLERm 2:7 Canslcrp] 5:23 capabilities [i 95:12 capacity [4] 93:4 100:4 191:11 251:3 capital [4] 75:12 265:19 266:2 266:6 capitulations [il 256:16 captain [il capture [i] 22:4 263:21 Carp] 100:7 car [26] 37:2 47:13 55:18 59:6 60:7 62:6 62:13 62:14 70:12 155:18 161:3 47:11 57:6 62:6 62:14 128:21 161:20 162:24 163:13 200:23 201:2 201:4 201:11 201:13 280:18 280:19 Carbide pj 63:21 carcinogenic pj 242:6 245:21 246:16 care p] 269:10 CARL [5] 4:3 8:6 298:9 1:12 297:21 Carl [6] 5:12 8:14 115:7 228:21 282:19 296:8 Carrier PI 80:4 carrier P] 79:6 80:3 220:11 carrier S[l] 219:24 carriers [9] 80:1 80:2 212:15 212:19 213:1 213:5 213:5 213:9 219:17 cars [io] 21:18 21:19 55:3 74:16 76:18 77:6 136:21 138:1 138:3 225:5 Casep] 5:11 case [6] 5:7 287:8 288:7 288:13 288:14 288:15 cases [io] 10:22 11:1 11:15 118:2 217:15 222:17 239:8 287:16 287:17 288:17 casual [i] 132:23 catalogue [2] 136:6 168:20 catalogues [4] 157:7 179:2 183:4 186:4 categories pj 139:20 150:16 categorized pi 131:12 causal [2] 241:24 252:2 causally p] 252:10 causation p] 252:17 causative p] 249:23 caused PI 246:3 262:10 275:22 causes iPI causing pj 248:14 251:18 cautionl[4] 225:19 253:21 263:13 277:14 cautionary po] 225:15 229:9 231:3 231:11 232:23 258:5 258:17 261:17 261:22 262:14 cautioning [i] 271:2 cautious [i] 269:9 CC[1] 217:11 Center PI 287:11 center p] 78:6 107:13 130:6 161:2 72:8 70:11 124:5 167:21 Centers [sj 110:7 110:8 159:9 263:12 271:19 centers [3] 159:21 199:12 central PI 64:14 65:2 65:4 83:10 85:2 85:7 128:10 64:9 65:3 84:3 certain [27] 53:24 68:18 91:21 108:11 132:15 137:13 159:23 165:22 188:19 201:1 223:6 232:18 235:4 235:24 250:1 265:15 267:6 272:4 27:5 80:19 110:10 140:9 174:22 216:21 232:24 249:18 266:15 Certainly p] 54:17 certainly pj 129:24 132:23 209:14 certificate p] 8:3 64:6 192:20 299:5 Certified [3] 298:4 299:23 certified p] 218:16 221:9 certify PI 298:7 298:15 299:5 299:12 cetera [4] 58:4 79:13 1:17 218:14 297:10 299:2 52:19 194:9 chain pj 105:5 102:19 Multi-PageTM chains p] 130:4 challenging p] 113:4 change pj 35:10 99:4 105:24 107:18 129:7 154:1 228:14 changed p] 99:2 132:8 132:10 269:19 270:1 271:17 changes [3] 26:9 216:20 271:22 changing pj 72:10 105:20 270:5 channels p] 88:19 characteristics [i7j 57:14 62:7 65:14 65:22 69:5 137:4 137:12 154:20 156:2 156:12 157:8 157:10 157:11 160:4 163:16 165:7 252:8 charge pj 104:7 101:23 Charles pj 15:24 chartered p] 97:1 Chassis p] 36:7 36:5 cheaper [i] 52:24 checking p] 175:19 Cherry [3] 43:15 139:2 140:16 chest [2] 223:5 223:10 Chevrolet p] 157:16 Chevy [3] 157:15 157:15 159:10 Chicago [23] 3:5 5:3 8:17 17:12 41:20 86:23 96:21 98:1 98:10 102:17 102:21 103:19 104:2 104:19 105:11 105:13 106:24 132:7 133:20 276:21 281:3 282:13 284:21 child [i] 24:10 choice [i] 162:4 chronology p] 38:8 Chrysler [i] 157:18 chrysotile [9] 68:23 69:1 242:8 242:14 243:2 246:3 251:12 251:14 251:17 Chuck [2] 15:23 15:10 Circular pj 202:13 circular p] 202:14 circulated [2] 291:11 291:22 circumstance [i] 288:6 circumstances [i4] 9:23 10:9 12:3 13:5 16:24 17:23 19:1 19:22 49:9 153:6 162:14 195:4 Canoni - company Carl Liggett, 8-15-02 208:10 238:8 COllp] 146:23 cities [i] 31:17 coiled [i] 146:21 city p] 23:1 213:21 coils [1] 146:22 Civil pj 1:14 claim pj 11:2 19:23 287:18 288:1 claims [2] 11:8 9:24 clamping [2] 176:17 177:24 clarification p] 17:19 clarify [3] 71:20 247:22 295:4 clean pj 52:24 53:7 269:14 cleaning [l] 271:4 cleanup p] 52:14 clearpj 101:12 131:21 182:23 Clearly p] 215:15 clinically p] 239:8 clips pj 123:6 128:12 close [6] 31:2 157:1 172:6 195:22 204:12 261:16 closed pj 30:21 31:23 50:20 closer p] 82:1 24:11 Club [2] 20:1 20:2 clue [4] 162:1 165:4 169:6 186:2 Clutch pi 137:23 Clutch [17] 47:12 47:13 55:7 55:16 67:1 67:3 67:9 70:16 138:2 187:18 202:16 46:24 47:15 66:20 67:7 137:17 187:20 clutches [i7] 35:15 36:12 36:16 37:8 37:11 55:14 70:9 70:14 70:18 72:22 119:13 136:18 182:4 186:16 187:16 268:1 268:9 CO p] 1:9 298:13 297:7 Coast pj 78:7 78:7 coated p] 202:16 code [9] 154:12 154:13 154:15 155:3 155:4 155:7 155:10 166:1 166:2 codes [i] 276:3 coding [i] 155:24 coding's [i] 156:18 coefficient pj 174:24 290:21 cognizant pj 247:12 coined p] 239:16 Colidgriapj 63:22 collect pj 216:21 collecting pj 264:19 collection pj 254:20 264:4 264:17 266:11 269:12 collector [i] 264:12 collectors p] 264:14 college [3j 21:7 36:19 208:19 color p] 159:24 279:24 colors [i] 280:12 Columbus [4] 131:24 132:2 132:11 133:10 column [i] 185:10 combination pi 57:7 170:6 176:5 combine [2] 77:7 83:4 coming [6] 32:12 99:5 143:7 211:16 232:17 279:17 command [2] 101:3 102:20 comment [i] 260:4 comments [2] 281:19 282:10 commercial [2j 55:23 184:17 commissions [i] 170:5 committee [5] 283:8 283:20 284:6 284:9 284:13 commodity [i] 209:5 common [3] 68:9 79:6 270:13 communications [2] 229:2 253:10 companies [i6] 34:23 53:21 55:14 58:19 72:20 130:21 141:11 149:24 158:10 163:10 185:7 213:15 234:13 276:6 293:11 293:24 Company pj 5:9 21:15 120:23 121:1 179:14 179:15 181:3 183:6 188:13 company [59j 19:7 19:9 30:21 33:15 49:14 50:14 63:21 63:24 8:21 27:24 34:3 63:18 66:18 87:16 88:9 89:18 90:14 90:19 90:24 94:8 96:24 114:8 114:9 115:24 116:12 119:20 119:24 148:17 151:23 152:18 153:6 BENUSKA REPORTING (630) 834-7828 Index Page 5 William Cotton vs. A.P. Green 153:10 163:10 170:22 171:3 180:6 182:9 182:16 183:3 187:2 191:10 193:6 207:20 210:7 215:10 215:17 215:17 219:20 220:10 224:9 238:12 238:23 243:10 244:10 248:19 257:8 261:8 261:10 267:10 company's [3] 152:3 155:6 161:16 compare [2] 201:5 163:6 compensate [l] 200:13 compensation [3] 169:24 212:14 213:4 compete ti] 93:23 competitive [i] 130:15 competitor[i] 93:17 competitor's [i] 152:20 competitors [3] 75:14 130:18 133:13 complete [i3j 73:3 73:3 123:8 123:14 125:13 128:18 128:24 160:15 167:22 169:11 169:18 196:3 244:3 complc X[X] 97:20 compliance [13] 219:2 219:9 219:11 219:12 223:21 226:11 227:4 265:21 266:4 266:8 293:12 293:16 294:8 complied [2j 223:19 265:6 comply [3] 211:1 227:7 265:3 complying [2j 226:6 226:24 component [2] 47:12 73:11 components [4] 36:2 38:6 192:24 269:11 comport [1] 142:6 composition [7] 36:21 67:16 67:22 139:13 139:15 143:12 203:2 compression [i] 60:4 comprise [ij 44: l comprised [4] 45:7 53:18 124:14 276:6 computer [5j 80:24 84:1 84:13 84:22 109:20 Computer-Aided [ij 298:22 computers [ii 28:21 concern [6j 36:20 246:22 259:8 285:8 286:4 293:15 concerned [i] 259:22 concerning [23] 9:19 10:7 34:18 36:11 210:15 211:9 229:3 231:2 231:8 232:11 237:21 238:3 243:15 244:23 245:7 245:13 247:6 248:8 253:22 266:23 291:11 291:24 294:7 concerns [5] 247:7 253:18 256:18 275:19 285:21 conclude [ij 294:15 concludes [l] 296:7 conclusion [l] 269:7 conclusions [i] 269:3 condition m 223:1 conditions [2] 195:4 249:18 conduct [3] 108:12 116:12 237:24 conducted [7] 214:8 214:14 218:22 221:14 221:22 222:22 235:15 conducting [2] 240:10 240:11 conference [ij 43:3 configuration [i] 251:20 configurations m 252:14 confine [i] 90:10 confirmation [i] 239:20 confirmed m 239:8 conformance [3] 147:21 227:4 262:16 confused [5] 103:23 108:1 159:17 161:7 233:7 confusing [i] 104:12 connected [2] 195:11 195:20 consider [3] 261:24 262:13 263:22 considerable [i] 77:15 consideration [4] 13:10 109:1 248:5 262:18 considered [i] 130:8 considering [ij 256:4 consistent [7] 139:16 139:24 173:6 182:12 206:19 244:16 262:1 consisting [i] 297:13 consolidated m 31:24 construction [i] 97:17 consult [21 40:1 39:23 consultant [i] 11:23 BENUSKA REPORTING (630) 834-7828 Multi-Page1 consulted [1J 294:5 consulting [2] 40:6 40:14 contact [3] 107:14 213:13 213:14 contacted [i] 12:15 contain1[5] 38:4 135:14 176:16 226:3 261:22 contained [22] 35:1 37:3 37:16 44:7 44:12 44:13 135:10 144:10 149:7 165:14 166:23 225:16 225:20 226:2 227:17 231:12 237:16 258:18 260:19 279:14 284:6 284:14 containing [i] 36:16 content 130:13 contents [i] 285:15 context [i] 118:8 contiguous [ij 196:2 continue [8] 107:23 108:12 109:7 110:14 111:2 257:11 259:22 260:8 Continued [i] 3:1 continued [nj 40:13 65:23 107:20 108:14 108:18 109:5 119:24 126:19 126:22 127:3 183:16 continuing [2] 115:6 228:20 contract [9] 12:7 19:11 19:17 79:24 80:2 80:3 80:7 84:15 279:11 contracting [ij 40:7 contracts [ij 46:5 contractual [i] 193:15 contrast [i] 218:17 contributing [i] 252:20 control [7] 166:19 175:22 190:6 282:4 282:21 299:8 299:10 controversy [2] 259:12 268:19 convenience [i] 9:11 conversations [2] 17:15 37:4 converted [i] 268:22 converters [i] 23:20 conveyed [ij 267:3 convoluted [l] 265:24 COOK [l] 239:14 Cookpj 239:16 cool [2] 174:11 176:20 cooled [l] 174:13 cooler [l] 282:16 COON [181] 2:3 company.' s - correct Carl Liggett, 8-15-02 2:6 5:21 6:11 6:14 6:18 7:8 7:19 8:3 8:10 15:14 15:17 15:19 15:21 15:22 16:8 16:12 18:16 38:16 39:4 40:10 41:13 44:14 51:1 51:9 53:11 66:21 66:22 71:1 76:1 81:7 83:15 87:5 87:11 88:12 89:10 90:12 90:17 90:21 98:7 98:15 101:19 115:1 115:9 122:8 123:22 125:8 127:10 128:3 131:8 135:23 143:6 148:7 148:14 151:15 152:7 153:16 153:20 154:14 157:5 160:10 161:5 162:11 168:18 169:2 171:14 175:12 181:4 183:7 183:14 183:20 183:22 184:4 185:12 186:2 186:7 186:11 186:21 187:17 188:16 189:6 189:16 192:1 192:14 193:21 196:22 199:14 200:1 206:16 207:17 208:9 209:19 211:20 215:11 215:19 217:13 217:18 217:22 217:24 220:4 221:2 221:17 222:2 224:7 226:21 228:14 228:23 230:11 235:13 236:2 239:24 240:4 240:22 242:19 245:11 245:18 246:1 246:6 246:14 247:14 247:17 247:19 247:21 248:22 249:3 249:6 252:6 255:2 255:10 255:14 255:21 255:23 258:3 258:14 258:15 259:20 260:6 260:16 260:20 260:22 261:11 262:4 263:8 264:13 264:23 266:1 269:16 270:21 272:11 272:18 272:20 273:8 273:13 273:15 275:7 275:12 275:23 278:9 278:19 278:24 279:21 279:23 280:22 281:23 283:2 283:3 284:1 285:13 285:20 286:10 286:17 288:11 289:2 289:17 291:15 292:5 292:18 293:7 294:14 294:20 295:22 Coon pi 4:4 5:23 copies [3] 211:17 277:2 299:10 copy [4] 115:20 276:22 277:11 292:8 core [i] 66:20 corollary [ij 284:11 corporate [23] 49:6 86:20 86:22 87:2 90:23 96:4 96:11 96:14 96:24 97:7 97:24 100:19 107:4 132:6 132:7 132:9 132:18 230:15 247:10 247:19 247:24 248:11 291:3 corporately [i] 96:7 Corporation [hj 6:4 6:8 6:10 9:6 9:7 19:10 19:16 22:24 24:4 26:17 30:5 31:13 80:4 131:24 corporation [i]I 97:3 Correct [33J 6:17 7:22 7:23 16:16 26:23 27:12 28:9 29:10 32:5 38:12 39:7 39:10 44:5 59:12 60:6 72:24 73:5 76:23 78:15 79:21 84:14 86:1 87:23 99:17 104:21 106:4 120:12 134:4 137:3 137:19 232:22 233:3 243:17 correct [234] 7:4 7:5 7:17 7:18 7:21 9:2 9:3 9:14 23:23 32:17 34:12 35:5 35:7 35:8 38:11 38:21 38:22 39:6 39:9 39:13 39:15 40:19 40:20 45:20 46:20 48:8 50:22 51:4 52:4 53:2 53:13 53:15 54:22 56:5 58:4 58:5 58:11 58:16 58:22 59:11 59:15 60:8 60:11 61:20 62:1 62:4 69:19 69:20 69:23 70:1 70:3 71:10 71:19 72:5 72:12 73:19 73:23 74:4 74:19 75:2 76:22 77:2 78:14 78:21 79:11 80:17 81:18 82:9 82:14 82:15 84:20 84:22 84:23 85:24 86:7 87:22 88:2 88:9 88:10 92:22 94:19 94:20 95:20 96:9 96:13 101:5 101:7 101:24 102:8 102:22 102:24 103:2 103:10 104:15 105:1 105:12 106:3 106:12 106:21 107:2 107:4 107:9 107:12 108:3 108:7 108:9 108:10 108:24 109:13 109:22 110:3 110:4 110:11 110:12 110:17 111:9 111:15 111:16 111:21 112:13 112:16 112:22 113:13 113:20 114:16 118:14 119:19 Index Page 6 William Cotton vs. A.P. Green 123:10 123:17 124:11 124:17 124:20 126:12 126:18 127:1 127:15 127:18 128:6 128:14 131:2 132:16 134:3 139:3 139:4 140:5 143:9 143:10 143:17 146:11 146:15 147:6 147:18 150:19 152:14 156:20 157:4 158:20 160:21 161:17 161:18 162:5 162:6 162:12 164:13 165:5 165:9 165:10 165:12 165:22 165:23 166:18 166:20 173:19 174:7 175:21 176:11 176:22 177:21 178:2 178:13 180:20 190:21 195:15 196:4 196:9 197:14 202:24 208:1 208:2 210:9 210:10 210:13 211:4 211:5 215:22 215:23 216:2 216:3 216:7 221:12 223:20 225:17 225:22 226:12 228:13 230:8 230:21 232:1 232:21 233:2 233:12 234:3 236:6 236:9 238:13 243:16 247:1 248:10 250:6 257:1 261:13 261:14 261:18 264:3 274:19 277:12 277:13 277:20 278:3 288:18 293:12 293:16 293:17 298:24 correction [2] 297:17 297:18 corrections m 297:16 correlation [i] 242:23 correlations pj 240:16 240:24 correspond [2] 224:16 224:21 correspondence [4j 14:18 230:1 230:24 284:5 cost [7] 52:22 61:19 64:17 74:20 194:3 194:4 293:10 COTTON pi 1:5 297:4 298:12 Cotton [il 5:8 Counsel [ioj 150:9 168:6 179:5 188:23 215:3 255:19 257:16 276:24 280:23 283:4 counsel [si 6:19 6:20 14:14 14:14 299:12 count [i] 218:17 counter [2] 234:15 161:16 counting [2] 218:15 221:10 countries [2] 149:21 150:3 COUNTY [3] 1:2 297:2 298:3 County [5] 1:18 5:10 298:6 298:11 299:23 couple [6] 15:5 29:6 118:5 172:16 176:24 272:12 COURT [3] 1:1 5:17 297:1 Court [2i 5:18 5:10 court [i] 5:15 Courts [i] 1:15 cover [2] 285:5 283:6 covered pj 207:18 294:21 295:1 295:6 cranes [i] 182:3 create [2] 263:19 228:8 created [ioj 29:8 49:9 88:24 120:5 120:17 122:10 151:2 254:5 256:7 256:7 creating [7] 95:22 225:20 256:5 256:10 263:17 263:23 263:24 Crete [3] 80:3 80:9 80:12 crocidolitep] 249:17 cross [i] 207:11 CSR[ij 297:13 cure [2] 144:24 cured pj 146:22 146:22 148:6 145:6 1A 1 147:2 curing [i] 173:11 current [21 132:3 34:11 curriculum [i] 20:14 curve [5] 142:4 145:17 146:18 146:21 197:6 curving [i] 145:14 Custom [4] 31:12 31:19 31:21 32:2 customer [8j 71:16 72:1 82:24 161:8 163:16 61:5 76:21 162:17 customer's pi 161:2 164:12 165:3 customers [12] 45:18 54:1 54:8 55:15 75:4 76:7 79:3 79:7 127:23 169:11 206:6 206:10 customized [ij 43:16 customs [i] 217:20 cut [71 145:2 145:21 146:10 148:5 201:23 202:7 202:8 cutting [2] 147:14 145:13 BENUSKA REPORTING (630) 834-7828 Multi-Page1 cycle [2] 176:19 cylinder p] 200:8 cylinders [i] 174:13 123:4 129:2 -D- D [ij 4:1 daily [i 282:16 damage pj 198:22 dark [i] 203:8 dashboards [i] 35:23 data [6] 234:14 234:16 234:17 234:18 234:19 235:17 database pj 109:20 date [5] 5:4 13:7 166:1 166:2 166:12 dated [8] 188:22 214:18 214:20 255:18 276:23 283:5 283:6 285:3 dates [3 31:8 82:12 205:14 days [i] 23:21 DD [i] 137:10 deal [3i 88:20 114:4 273:13 dealer [ij 157:15 dealerships [ij 159:10 dealing [4] 206:20 282:13 1/?/* o 1-tlOO r<i 159:5 231:6 293:18 114:13 291:22 14:11 276:11 deals [i] 277:4 dealt [4] 53:21 140:4 211:22 213:17 deceleration p] 201:7 dccelerometcrp] 201:2 December [i] 182:10 decided [3] 27:1 29:1 114:14 decipher [i] 284:4 decision [2] 114:21 114:18 decisions [i] 40:1 decrease m 252:2 deem pj 7:20 130:15 defect [ij 155:21 Defendants [S] 1:10 3:14 3:15 297:9 298:14 defendants [2] 6:6 14:23 defense [2] 269:5 6:19 defining [i] 208:20 definitely p] 221:1 definitive pj 94:13 degree [6] 14:11 21:10 132:18 216:9 224:8 290:1 delicate p] 130:9 deliver [2j 79:14 77:9 deliveries pi 80:15 demand pi 84:2 demanding p] 113:7 demands pj 61:5 department [i5i23:l7 23:19 35:20 36:8 65:7 65:13 65:13 65:20 66:6 72:4 149:18 212:1 212:4 230:15 232:9 departments [6] 15:7 36:4 54:15 140:22 140:23 170:2 departure pj 40:7 depending pi 241:8 depict [i] 195:3 DEPONENT [i] 296:10 deposed [2j 288:15 10:3 deposition [24] 1:12 5:14 6:19 6:21 6:22 7:7 7:15 8:20 9:10 9:19 10:14 11:1 13:23 17:20 19:3 20:8 115:7 116:2 148:12 228:21 296:8 297:11 298:16 299:3 depositions [22] 1:16 10:10 11:24 13:2 13:4 13:14 14:4 14:6 14:22 15:4 15:6 16:14 17:24 18:4 18:9 18:18 18:21 19:2 19:14 20:11 115:15 118:3 Depovisionpj 5:2 derived [2] 269:4 250:8 describe m 47:3 177:1 described pj 48:23 54:21 67:15 81:11 134:22 156:12 177:23 194:1 206:18 describing p] 181:11 description pj 136:4 descriptive p] 235:4 Design p] 140:23 design pj 140:22 designed p] 141:9 desire [2] 227:6 95:18 detail pi 279:20 determination [21 109:24 253:21 correction - dig Carl Liggett, 8-15-02 determinations [i] 245:20 determine [ioj 65:14 65:15 155:15 156:11 156:23 191:5 207:13 222:23 244:10 254:14 determined pj 65:8 171:21 240:15 269:8 develop [4] 65:24 125:17 249:16 249:22 developed pi 233:8 240:6 246:10 developing [2] 222:24 242:24 development [6] 95:12 240:17 250:5 250:14 250:19 251:15 device [2] 218:10 176:15 devised p] 66:2 diagnosed [6] 238:7 239:8 239:16 286:12 286:19 288:4 diagnoses p] 242:15 diagnosis [2] 223:23 238:7 dialogue p] 256:12 diameter pj 67:11 147:24 184:10 184:10 184:20 254:16 254:17 diapers [2] 23:22 23:8 Dick p 231:21 232:6 274:6 Die [6] 163:7 163:8 163:11 163:14 163:22 164:8 die pj 144:14 144:20 144:22 died [i] 239:21 differed p] 144:8 difference [2] 48:15 68:14 differences [3] 169:22 251:24 252:16 different [43] 41:10 57:13 60:23 60:24 61:4 61:5 61:8 61:19 62:13 68:13 68:13 80:15 105:20 105:20 121:5 133:24 139:19 141:21 148:4 152:13 163:10 163:10 164:15 164:22 167:5 174:1 177:11 190:19 190:19 193:13 194:18 207:4 207:11 207:19 241:7 241:18 242:1 242:1 245:14 251:22 252:12 252:13 261:9 differentiate [i] 252:9 difficult [2] 251:5 156:22 dig [i] 116:4 Index Page 7 T William Cotton vs. A.P. Green digressed [ij 255:16 dimensions pi 147:9 dinner [i] 294:4 direct [2j 87:15 253:16 direction m 299:11 directly [12] 45:15 48:6 77:9 85:1 102:7 106:13 237:14 259:13 director [3] 291:3 293:20 299:8 27:13 73:18 102:4 233:13 283:7 disagree [5] 114:19 261:5 268:16 282:10 282:20 disagreements [2] 27:4 112:21 disassembled [ij 160:7 disassembles [i] 156:8 disassociates pj 289:7 Discpj 47:9 disc [3i] 46:24 47:11 52:7 55:1 55:4 55:5 55:6 58:3 58:14 67:11 69:11 70:5 70:8 70:22 71:7 72:22 73:4 74:1 76:16 77:1 119:12 123:2 124:3 156:1 156:7 192:23 199:3 199:17 199:17 199:23 290:22 discharge [2] 22:5 22:22 disconnected pj 195:22 discovery [io] 7:16 117:2 117:18 117:20 117:22 118:7 131:20 135:13 182:6 214:23 discuss [S] 13:22 49:6 220:13 257:18 282:17 discussed [4] 178:23 213:23 293:6 295:2 discussing [i] 229:11 Discussion [2] 16:10 272:19 discussion [2] 6:18 231:17 discussions [4] 17:18 36:23 231:10 263:1 disease [10] 11:3 239:21 242:1 246:10 249:12 251:1 251:2 252:17 252:18 288:3 diseases [8] 240:17 241:1 241:20 243:2 248:13 248:24 249:8 249:21 disposable [2] 23:7 23:22 disposal [2] 272:1 272:5 disposition [3] 11:7 287:24 288:2 dispute [3j 19.11 19:15 30:24 disseminated [2] 267:17 291:18 distinction [i] 121:16 distinctions [i] 140:3 distinguish 2] 111:1 155:6 distinguished [2] 123:1 134:21 distinguishing [2] 137:4 137:12 distributed [4] 45:17 70:17 88:18 135:18 distribution [30] 8:24 10:4 48:12 48:13 48:16 52:5 54:20 54:22 54:24 55:11 58:20 64:16 70:10 70:22 73:7 73:12 76:15 78:3 78:6 78:8 79:12 79:23 83:5 83:11 83:14 87:13 107:13 149:2 149:7 159:20 distributor [2j 52:16 62:22 distributors [4] 127:20 205:11 206:23 207:6 DISTRICT [4] 1:1 1:3 297:1 297:3 District [3i 1:15 5:10 298:11 Division pi 100:7 division [sj 36:1 70:12 100:23 140:11 276:18 divorce: [il 20:10 do-it-yourself [2] 52:18 169:12 do-it-yourselfer [5] 128:2 129:8 129:9 129:10 167:23 doctor [2] 212:7 212:6 doctors111] 212:9 document [24] 168:10 178:22 179:12 182:23 192:12 255:8 255:15 255:17 255:19 257:15 260:5 276:24 277:7 277:21 278:6 278:15 278:17 278:18 280:23 283:4 284:20 284:21 285:10 286:8 documentation p] 65:1 documents [29] 7:10 7:14 14:3 14:9 Multi-PageTM 14:12 91:22 117:1 179:6 205:12 229:8 253:7 285:5 288:21 14:13 116:15 117:2 186:20 221:21 229:15 255:11 285:23 14:16 116:19 148:16 189:2 229:1 253:5 258:10 288:20 doesn't [sj 162:1 162:4 215:15 285:8 286:1 done [26] 12:6 64:22 142:22 143:19 147:11 147:19 190:9 190:13 213:24 216:19 218:8 219:1 224:6 227:5 232:14 255:8 274:3 9:16 79:24 143:20 147:22 213:23 216:23 220:13 232:14 272:14 door [3] 19:24 174:12 174:14 doors [2] 174:5 31:2 doorways p] 195:21 doughnut (ij 67:13 down [8] 41:17 57:10 128:4 174:13 176:20 196:15 201:1 269:10 Dr [4] 236:23 239:16 240:7 240:10 drawp) 40:12 Drawbacks pj 184:2 Drawork [3] 185:17 185:20 185:22 Draworks [8] 184:3 184:5 184:6 185:13 185:15 182:20 184:5 185:14 draws p] 240:24 Dresser pj 3:7 6:1 296:3 dried [1] 205:1 Drill [l] 188:9 drill [3] 198:7 198:8 201:20 drilled pj 197:23 drilling [4] 186:9 198:7 198:11 201:20 Drislane [4] 283:7 283:9 291:6 291:8 Drive p4] 8:15 69:13 69:14 69:15 69:24 94:16 97:11 100:10 100:18 122:15 124:8 125:2 147:11 171:18 drive [l] 200:24 driveway pj 280:18 dropp] 80:14 dropped p] 59:6 drove pi 128:20 digressed - elicited Carl Liggett, 8-15-02 Drumpi 70:5 drum [29] 47:5 47:7 47:21 52:7 57:18 58:3 58:15 59:22 61:3 70:22 72:21 73:4 76:16 76:24 147:23 147:24 199:20 200:3 290:22 46:23 47:16 54:21 58:7 60:5 71:3 73:24 142:6 156:8 270:17 drums 5] 38:5 128:24 254:15 269:11 270:16 drypi 205:6 DU [i] 298:3 due [2] 203:12 268:23 duly [2] 8:7 dump [i] 298:17 56:1 DuPage [3] 1:19 298:6 299:23 Durability [ij 61:14 durability [2] 61:13 163:18 Duration p] 134:14 duration [u] 22:13 22:20 28:13 31:4 109:7 126:23 127:16 137:7 137:20 138:8 223:22 During [61 36:9 134:12 222:20 273:6 273:9 290:8 during [17] 29:24 36:22 105:23 113:9 137:7 138:14 149:24 180:13 206:21 208:18 248:20 28:10 76:2 126:16 138:18 205:15 223:21 Dust [i 291:19 dust [34] 216:21 227:23 228:8 254:20 254:22 255:4 256:5 256:10 263:17 263:21 263:23 264:14 264:17 265:15 266:11 268:11 268:19 269:8 269:11 273:21 273:24 281:20 282:3 duty [i7] 56:12 70:10 70:18 70:21 73:7 73:13 135:9 135:18 184:22 206:13 206:24 225:21 254:5 254:23 256:7 263:19 264:11 264:19 268:3 269:1 272:24 277:12 22:11 70:16 71:3 73:15 138:3 206:15 Dynamometer [i] 174:20 dynamometer [2] 174:16 225:6 -E- E[3] 4:8 ep] 3:13 4:1 15:20 E-i-n [i] e-i-n [ij 15:13 E.M [?] 179:14 179:16 179:22 180:5 181:2 188:12 15:14 179:15 180:3 183:6 E.W [i] 283:7 earpj 13:8 early [5] 212:15 216:6 253:11 267:23 268:6 ease pj 288:20 East [i] 78:7 easy p] 207:13 Econoline pj 21:20 21:21 35:3 economy [ij 121:24 Edp] 296:3 Edge [i] 154:13 edge [is] 154:10 154:11 154:15 154:18 154:22 155:24 156:11 156:23 276:3 276:3 154:5 154:12 154:19 156:9 188:9 edification p] 47:1 educate pj 14:4 243:22 263:12 educated pj 263:7 educating p] 263:1 educational p] 20:23 EDWARD pi 3:6 Edward [ij 6:1 effect [12] 226:10 226:24 235:1 250:3 264:7 265:5 274:13 275:3 214:10 227:6 256:24 266:19 effective pi 232:20 effects [5] 216:11 243:23 244:24 246:17 266:24 effort [i] 236:15 efforts [12] 148:20 149:23 223:9 227:20 236:10 237:10 237:14 272:5 289:13 289:19 290:6 292:24 Either [2] 215:11 44:15 either [21] 14:23 16:5 17:18 17:23 44:19 78:3 79:4 112:4 127:2 127:5 128:20 150:3 153:9 172:11 173:15 189:20 204:4 218:14 219:24 230:2 243:19 elicited [1] 295:10 BENUSKA REPORTING (630) 834-7828 Index Page 8 William Cotton vs. A.P. Green elsewhere [5] 97:12 97:13 193:7 emanating [2] 264:19 32:11 98:9 227:23 employed [6] 9:8 19:8 39:17 219:3 246:23 248:1 Employee [ij 274:15 employee [7j 9:11 92:20 93:1 218:16 238:15 239:22 285:1 employees [20] 13:20 13:20 16:2 41:21 218:22 222:22 223:11 223:24 224:19 239:10 274:12 274:21 275:1 275:14 282:1 286:6 286:12 286:19 286:20 287:6 employment [28] 18:4 18:22 21:1 27:3 28:1 29:12 29:21 31:16 31:21 32:1 32:8 32:11 34:18 34:21 38:13 40:17 44:8 44:10 44:19 109:8 113:23 126:23 137:20 138:8 208:3 216:17 222:20 223:22 employment-wise [i] 34:14 encapsulated [ij 246:9 enclosures [i] 28:20 End [3] 115:2 228:16 296:9 end [i9] 27:2 48:11 58:21 58:23 79:2 104:3 122:4 122:4 122:5 137:13 137:13 144:18 145:10 158:6 169:17 191:7 197:8 256:15 280:2 ended pi 151:7 ends [i] 56:18 energy [21 251:7 175:5 engage [l] 47:15 engaged [] 42:1 152:9 246:24 267:24 268:7 270:23 engineering m 65:6 65:13 65:20 66:6 140:22 140:23 219:23 engines pj 36:2 England [3] 22:17 239:5 239:11 enhanced p] 43:21 enjoyed pi 51:18 enlarge PI 41:5 entailed m 44:24 194:19 227:16 enter [4] 83:24 88:16 89:14 95:24 enterprises [2] 95:13 130:5 entire [ij 178:21 entities [4] 93:7 94:19 111:14 206:8 entitled pi 5:8 entity [5] 88:21 92:1 95:3 96:3 108:13 environment [sj 17:8 29:8 58:23 214:2 236:12 environments pi 270:4 EPA [lj 245:13 epidemiological [i] 242:12 epidemiologists [2j 235:24 240:15 epoxy [7j 178:4 178:9 178:13 178:14 204:19 204:19 204:20 equal [i] 236:15 equipment [i9] 43:22 45:19 56:8 71:6 71:11 71:22 72:23 74:21 74:22 138:1 157:6 157:21 158:3 182:3 196:7 201:6 255:6 264:15 265:14 escapes [i] 102:16 essentially [4] 53:8 53:13 110:12 176:21 establish [l] 222:14 established [i] 183:14 estimation [i] 68:1 et [12] 5:8 58:3 297:4 298:13 1:5 5:9 79:13 297:8 1:9 52:19 194:9 298:12 etcetera [ij 121:4 event [ij 7:1 eventual [i] 78:8 eventually [6] 51:3 58:21 59:13 216:9 256:20 269:4 everybody [3] 183:12 255:13 276:10 exact [6] 31:8 97:15 141:18 147:9 147:23 211:15 exactly [3] 91:7 96:6 167:16 EXAMINATION pi 4:2 8:9 examination [3] 1:13 275:1 275:13 examined [i] 8:8 examples [2] 155:23 exams pi 153:17 224:6 except [2] 127:23 47:17 BENUSKA REPORTING (630) 834-7828 Multi-PageT exceptions [ij 124:14 exchange [i] 96:5 exchanged [i] 87:14 exchanges pi 229:1 Exclusive [i] 128:7 exclusive pi 80:10 128:5 193:17 exclusively [2] 72:20 127:14 Excuse [6] 20:7 76:9 123:20 180:16 192:5 268:4 excuse [2j 292:16 101:14 executive [4] 40:1 215:24 283:7 293:19 executives [3] 113:22 211:7 211:13 exemplars [ij 229:8 exhaust [is] 43:8 43:9 43:24 44:7 77:8 83:7 94:22 131:10 139:6 139:8 42:4 43:14 44:18 83:17 133:18 exhausts [2] 83:23 133:7 EXHIBITS [l] 4:11 existed [3] 107:24 120:18 291:1 existence [6] 66:4 81:4 127:6 151:7 151:7 185:23 existing [4] 65:22 97:18 195:13 195 15 exited [ij 148 12 expansions [2] 195 13 195:15 expenditures [2] 266:3 266:6 expensive [2] 144:5 144:6 experience [i] 286:2 experiences [2] 286:1 286:5 expert [8] 217:18 217:21 241:13 241:15 241:17 242:3 251:23 252:15 expertise [4j 213:2 241:22 241:24 288:13 expiration [i] 166:12 explain [4] 14:15 37:9 173:5 287:5 explained [i] 162:14 explanation pj 274:17 exposed pi] 235:11 241:9 242:13 249:17 268:2 268:9 287:21 235:9 242:13 250:15 269:2 Exposure [i] 280:24 exposure [29] 11:4 215:6 217:6 217:7 elsewhere - failure Carl Liggett, 8-15-02 217:10 232:19 233:19 235:4 236:11 237:11 240:11 240:18 243:2 243:16 249:8 249:12 250:1 250:4 250:20 254:21 262:10 263:3 265:9 269:14 272:24 273:20 277:12 293:2 293:9 express pi 211:14 88:24 expresses p] 285:8 expressing [i] 259:8 extensions p] 195:13 extensive [ij 95:11 extensively pi 293:6 extent [ij 249:20 exterior [ij 35:21 extra [i] 184:22 extrude [2] 154:16 144:19 extruded m 145:5 145:18 148:5 177:8 203:23 extrudes pj 144:11 146:20 202:3 204:4 extruding [4] 144:15 202:1 203:22 204:3 -F- facilities [si] 33:3 33:18 39:21 41:10 42:22 43:10 46:18 51:3 56:18 64:13 64:24 65:8 76:17 77:6 77:17 83:2 83:6 85:9 86:4 89:6 98:5 98:21 99:3 108:23 110:15 111:20 149:1 149:2 149:2 149:5 193:18 194:14 195:16 195:22 211:9 212:20 214:5 214:9 218:23 219:15 221:15 221:22 239:10 255:9 264:6 264:15 265:20 269:18 273:5 274:14 286:3 facility [i94j 25:11 25:12 28:11 32:16 33:14 34:5 37:13 39:20 41:1 41:4 41:8 43:12 46:22 47:24 48:10 48:17 48:21 49:17 49:20 49:24 52:6 56:8 56:21 57:20 58:6 58:12 59:23 60:16 65:2 65:7 66:3 66:7 66:10 66:11 67:24 69:8 9:8 26:15 33:2 36:24 40:19 41:6 45:24 48:5 48:17 49:18 50:2 56:16 57:24 58:17 62:18 65:18 66:9 66:17 69:16 69:17 69:18 69:21 70:2 71:21 71:23 71:24 72:7 72:18 73:2 73:7 73:14 73:17 73:21 74:1 74:3 74:5 74:13 75:16 76:6 76:17 76:21 77:2 77:5 77:14 77:20 77:24 78:24 80:12 80:21 81:12 81:19 82:5 82:7 82:21 82:22 83:17 83:19 83:20 84:4 85:3 85:11 85:14 85:15 86:2 86:9 87:1 87:18 89:17 94:14 94:16 95:22 97:17 100:9 100:10 100:12 100:18 100:20 100:24 101:4 101:23 103:3 104:1 104:5 105:3 106:2 106:5 106:7 106:10 106:14 106:23 107:6 107:8 107:10 107:11 107:14 108:9 108:15 112:2 112:3 112:6 118:16 122:15 122:23 124:8 124:16 124:21 125:2 133:11 133:20 141:23 142:1 142:10 143:2 147:11 147:13 152:12 152:17 152:19 152:24 154:8 158:17 159:20 170:19 171:18 171:23 172:9 172:10 172:12 172:14 175:10 175:10 175:15 175:16 177:3 177:5 180:18 185:15 189:23 194:16 195:4 195:7 195:13 195:20 201:15 203:18 204:5 209:3 209:10 209:15 211:4 211:8 213:3 213:12 219:8 222:16 231:24 264:22 268:13 facility's [ij 66:12 facing [5j 47:13 67:7 202:16 47:12 67:9 facings [io] 55:8 55:16 67:2 67:4 137:23 138:2 46:24 66:20 137:17 187:20 fact [6] 29:5 37:2 108:4 257:10 259:14 271:14 factor [ij 252:20 factories pj 239:4 factors pi 95:22 243:9 245:13 factory [4] 36:8 51:21 203:6 240:1 factual [2] 234:14 234:12 factually [ij 244:12 fade [ij 290:23 failure [i] 260:10 Index Page 9 T William Cotton vs. A.P. Green Fair [i] 271:20 fair [4] 27:6 59:21 195:24 260:7 fairly [2] 178:19 113:7 familiar [i9] 47:2 93:9 94:2 116:22 117:3 134:6 156:3 183:19 187:24 189:8 205:18 206:2 206:5 232:13 245:3 256:11 269:17 269:24 270:13 familiarity [2] 14:18 224:8 family [4] 24:11 24:13 34:8 62:15 Fannin [2j 2:17 2:4 far [6] 13:9 165:16 192:10 206:6 214:18 259:21 fashion [2] 142:13 80:16 fasten pj 199:24 199:23 fastened [2] 47:19 47:10 father [l] 34:10 FBO [2] 79:16 79:18 features [i] 169:22 [Federal [4] 211:17 245:2 245:6 245:19 federal m 271:24 feeling [i] 105:22 feet [3] 144:22 204:10 204:13 fell tij 19:24 Ferodo [9] 89:13 89:14 93:8 95:10 96:4 96:8 96:15 238:22 238:22 Ferodo's [2] 95:1 95:9 few [8] 82:8 86:18 114:13 183:9 196:11 218:1 272:13 285:5 fiber [211 63:18 68:13 68:14 68:16 69:2 69:3 140:4 241:6 243:2 246:2 252:3 252:13 242:1 245:14 251:21 252:8 266:23 242:5 245:21 252:2 252:9 fibers [22] 65:15 68:4 68:12 68:18 166:23 190:10 203:4 215:7 217:11 218:3 218:18 218:18 225:20 226:4 235:9 235:12 241:18 241:19 246:17 249:15 268:21 269:14 field [io] 187:5 187:10 193:3 193:5 193:12 241:22 241:23 263:10 270:4 271:1 filed [1] 288:1 files [1] 288:23 filled [2] 105:18 104:24 film [2] 292:4 292:11 films [l] 291:21 filter [4] 218:11 218:14 218:16 218:19 filters [2] 131:15 131:15 final [8] 11:7 36:7 114:21 143:23 147:4 147:16 147:17 197:13 financed [i] 236:7 financial [4] 12:17 13:10 86:18 87:1 Finding [i] 290:20 finding [2] 290:14 290:1 findings [6] 214:13 220:17 240:13 240:14 267:24 282:1 fine [2] 272:10 272:17 finest [2] 286:4 286:3 finish [i] 199:10 finished [2] 67:5 21:5 finishes[i] 27:21 finishing [2] 142:17 143:5 Firestone [l] 130:20 firm [4] 6:24 28:2 32:1 117:10 firms [2] 219:23 10:16 First [8] 18:17 34:23 39:5 41:6 143:7 167:9 169:6 266:2 first [30] 8:7 36:20 38:13 44:16 48:20 78:23 81:8 142:2 150:16 171:1 183:24 192:5 208:1 208:13 210:18 210:21 215:1 215:5 216:17 221:13 226:2 226:16 229:13 238:14 238:22 239:7 261:21 284:8 289:18 298:17 fit [6] 142:19 146:19 147:17 147:24 197:13 200:20 fitting [i] 165:21 Five[i] 28:7 five [3] 82:1 82:19 82:16 fixing [i] 279:2 fixture [3] 198:5 198:6 254:18 flat-salaried [i] 170:4 fleet [i] 37:21 Flex[i] 188:5 BENUSKA REPORTING (630) 834-7828 Multi-Page m flex[i] 147:4 flexibility [2] 129:17 145:20 flexible [i] 148:6 floor[i] l$*6i6 fluid [i] 60:4 FMSI [3] 155:8 283:24 288:20 FOB [3] 79:17 79:18 79:20 focus [1] 40:16 folks [ii] 36:11 37:1 87:1 170:5 206:20 211:7 220:7 20:15 86:8 170:11 220:6 follow [3] 20:24 89:12 132:13 follow-up [2] 30:13 90:22 follows [1] 8:8 footage [i] 204:6 Force [io] 22:2 22:14 22:16 22:16 24:7 37:20 21:22 22:15 22:18 38:10 force [l] 144:21 forces [i] 144:14 Ford [8] 21:14 36:9 36:22 45:16 157:18 foregoing [3] 298:23 299:3 35:3 37:11 159:10 297:14 Foreman [i] 23:5 foreman [i] 21:17 forerunner [i] 179 16 forgot [i] 273 10 forklift [2] 173 22 174:3 form [63j 6:16 51:8 53:9 63:18 70:24 75:22 87:3 88:11 89:7 98:2 98:13 122:7 127:24 135:16 147:4 151:11 152:5 157:3 160:8 161:4 162:10 168:16 169:1 171:13 187:15 193:19 198:24 199:11 199:22 208:6 211:11 220:2 235:6 235:22 239:12 240:2 240:20 242:17 245:10 245:16 245:23 246:4 246:12 246:20 252:4 257:23 258:7 259:18 260:3 262:3 263:5 268:23 269:6 270:19 272:8 275:20 278:22 285:19 286:15 288:8 291:13 292:2 293:4 formally [i] 233:17 formed [i] 236:4 former p] 16:2 13:20 Fair general Carl Liggett, 8-15-02 formula [2] 173:9 61:1 formulas [5] 65:22 65:23 65:24 66:3 96:6 formulating [2] 232:18 243:8 formulation [i] 143:22 forth [i] 256:12 forward [2] 207:4 119:24 fosterite [3j 268:22 269:5 269:9 found [4] 27:23 32:1 88:17 215:22 founded [i] 49:13 founding [i] 49:13 Four[i] 21:24 four [9] 10:2 36:4 57:23 123:2 123:2 163:10 31:23 114:13 126:3 frame [6] 36:2 39:16 105:23 125:23 206:21 269:23 Frames [4] 31:12 31:19 31:22 32:2 frames [3] 219:3 248:9 290:8 Frank [3] 141:6 225:1 225:11 free [2] 76:12 268:20 freedom [i] 129:16 frequency [i] 17:2 frequently pj 68:10 254:3 fresh [i] 116:1 Friction [i6] 100:7 107:19 138:5 155:9 224:21 276:1 284:3 284:7 288:20 291:7 89:13 119:5 224:9 283:10 284:14 291:23 friction [128] 41:12 42:4 46:15 47:10 52:12 52:15 57:3 57:4 57:12 57:16 57:18 58:1 60:10 60:22 61:2 61:22 63:2 65:10 66:13 66:16 67:17 67:23 69:6 72:19 74:2 74:6 74:23 74:23 75:20 77:1 78:4 78:22 82:24 83:3 83:23 88:16 89:1 89:5 93:6 93:15 93:22 94:18 95:11 95:19 10:5 46:15 47:15 53:19 57:9 57:17 58:14 60:24 62:9 65:17 67:1 68:21 73:11 74:22 75:15 77:23 79:1 83:19 88:17 89:15 93:22 95:4 95:23 95:24 112:15 119:6 122:17 135:20 138:13 139:15 142:3 152:13 154:7 156:2 158:9 171:21 177:11 181:22 190:21 191:4 194:20 238:22 289:9 294:6 97:23 118:12 119:7 124:15 136:13 138:17 141:1 152:3 153:1 154:20 157:11 158:16 174:24 177:19 188:13 191:1 192:10 202:17 238:23 290:15 112:12 118:15 120:1 133:14 137:1 138:21 141:10 152:12 153:7 155:6 157:24 164:16 176:5 178:6 190:14 191:2 193:17 225:5 276:10 290:21 Frictions [l] 294:1 Friday [i] 40:23 FRIEDMAN [1] 2:11 friend pj 29:13 24:7 friends [i] 51:20 Frisbee [i] 67:10 front [i] 126:4 frustrating [i] 259:16 frustration pj 257:8 257:22 full p] 187:6 290:19 fully [2] 36:3 247:11 fumes m 205:7 function [i j 223:10 functions m 223:6 future pj 6:23 -G- Gabriel [ij Gamble [ii] 23:10 24:6 38:17 38:19 209:1 209:2 210:5 garage [ij garages [2] 269:24 gas [4] 52:18 59:6 130:21 gaskets [2] 246:10 gather [i] gauge [i] General pj 30:16 158:4 general [i4] 31:5 31:20 32:21 46:19 95:17 100:14 102:3 117:9 222:12 42:17 22:24 38:15 208:24 209:15 129:6 195:21 59:4 209:6 234:12 27:21 28:18 30:1 32:19 90:9 100:22 208:11 Index Page 10 William Cotton vs. A.P. Green * generalization [i] 67:9 generally [9] 12:16 18:17 43:2 78:13 146:9 146:12 213:23 218:7 242:4 generate [2] 84:1 80:23 generated [i] 281:8 generates pj 282:2 generic [i] 34:21 gentleman [ii] 103:19 173:14 173:16 173:21 175:24 197:8 197:18 217:13 232:5 284:22 288:4 gentleman's [2] 27:9 103:15 gentlemen [3] 16:6 16:22 17:23 genuine [2j 157:16 157:16 Georgia^] 33:19 Germany [i] 22:17 GERMERm 2:16 GERTZ [i] 2:16 gist [i] 285:7 given [i4] 14:6 18:9 18:18 18:21 109:2 156:5 175:5 182:8 203:18 219:9 274:21 297:16 298:19 298:24 giving [3] 13:14 277:10 295:16 GM [2] 157:16 157:17 goes [9] 7:5 161:22 162:7 165:19 169:3 205:5 47:19 163:4 174:12 gone [3] 24:8 38:8 148:15 Good [i] 8:11 gOOd [16] 21:19 24:7 53:8 87:17 121:6 148:7 192:20 205:8 216:24 228:14 8:1 51:23 115:1 163:19 207:20 247:17 goodies [i] 116:3 GOODIN [i] 3:17 Goodyear [i] 130:20 Gotcha [i] 15:21 government [4] 37:19 46:5 234:15 236:11 government's [i] 233:18 grab [2] 175:2 175:3 grade [3] 65:16 140:4 143:12 grades [ii] 61:1 61:4 61:10 65:9 68:9 68:12 60:23 61:8 68:8 139:22 140:1 graduate m 21:9 great [i] 51:20 greater [i] 235:10 GREEN [3] 1:8 297:7 298:13 Green m 5:9 greener [ii 114:15 grind [i] 254:3 grinder [S] 254:17 254:19 254:20 264:11 264:16 Grinding [i] 281:1 grinding [22] 147:8 147:16 197:7 197:9 255:5 256:8 264:15 264:20 277:23 277:24 278:11 282:2 282:24 285:17 142:22 156:16 197:15 263:20 269:12 278:2 282:21 289:9 Grizzly [59] 50:10 50:15 50:17 51:7 51:18 52:1 119:3 119:15 120:5 120:21 120:22 121:1 121:3 121:7 122:11 134:3 135:19 149:20 164:18 165:2 179:9 179:17 179:23 180:3 180:7 180:13 180:17 180:22 181:20 182:10 183:17 185:20 187:5 187:6 188:18 189:11 191:15 191:21 222:16 50:8 50:16 51:11 93:22 119:20 120:22 121:2 122:2 135:18 164:5 179:7 179:19 180:4 180:15 181:9 183:4 187:4 188:2 191:9 206:23 Grizzly's pi 51:14 ground [2] 294:22 254:12 Group [3] 63:5 100:8 107:19 group m 77:8 102:15 135:8 135:18 135:19 135:20 253:15 growing [i] 24:13 guarantee [i] 167:2 guarantees [i] 167:4 guess [i6] 6:14 7:24 72:7 72:19 73:3 75:23 86:10 114:6 155:17 165:19 196:5 204:11 229:19 244:8 274:17 284:11 guessing [5] 15:12 75:13 82:12 82:18 274:9 guesstimate m 203:19 guidelines [i] 209:12 guns [5] 42:5 45:22 46:1 46:7 46:12 BENUSKA REPORTING (630) 834-7828 Multi-PageTM generalization - Illinois ______________________________ Carl Liggett, 8-15-02 guy [2] 169:14 239:15 Guys [i] 217:13 guys [3] 33:4 140:21 141:4 -H- H [2] 2:20 4:8 H-y-p-<5T[i] 136:12 half [i] 24:2 Hall [6] 230:16 230:16 255:16 255:24 256:3 257:11 halls [i] 195:20 hallways [i] 195:12 halt [i] 201:4 hand [2] 5:19 299:17 handle [2] 172:4 158:13 handling [2] 214:3 263:13 Hans [i]1236:23 happy [i] 179:13 Hard [6] 163:7 163:8 163:11 163:14 163:22 164:8 hard [3] 113:10 284:2 284:22 hardened pj 147:1 hardheaded [i] 113:6 hardware [i] 129:3 harm[i]1 228:8 Harvin M hats [i] 6:11 133:4 hazard [2] 271:12 222:19 hazardous [2] 268:2 268:10 hazards [ioj 208:4 208:8 208:14 210:23 215:1 215:6 222:13 236:16 291:11 292:1 head [3] 100:6 102:15 225:3 headers p] 43:21 heading [i] 185:10 headlights [i] 131:11 headlinings [i] 35:23 headquarters [14] 41:18 86:21 86:22 87:2 96:19 97:7 97:24 98:1 98:10 107:4 112:1 132:7 132:8 132:9 Health [2] 267:22 233:11 health [2s] 19:24 20:2 190:16 191:6 208:14 210:22 212:3 213:5 215:1 215:6 216:11 222:24 237:21 238:3 243:15 243:23 244:4 244:23 249:8 266:24 286:13 286:20 287:20 289:8 294:9 hear [2] 150:6 238:10 heard [9] 51:16 94:4 94:7 182:15 182:17 186:23 208:3 208:7 239:15 hearing [i] 236:23 heat [6] 174:12 176:19 176:20 212:12 268:23 290:23 Heavy [ij 71:3 heavy [is] 56:12 70:10 70:16 70:18 70:21 72:22 73:7 73:13 73:15 96:5 135:9 135:18 138:1 181:24 184:22 206:13 206:15 206:23 held m 98:4 99:19 154:18 274:15 hello [ij 17:11 Help [6] 13:24 95:5 190:17 229:6 help [5] 63:4 117:17 187:4 65:11 220:8 115:22 263:19 helping [i] hereby [i] 117:13 298:6 herein [i] 8:7 hereto [i] 299:6 heretofore [i] 298:7 hereunto m 299:16 herself [i] 5:16 hesitating [i] 178:12 high [9] 21:6 137:13 144:21 156:4 209:6 223:6 249:14 269:15 290:23 higher [4] 62:2 62:7 62:8 169:17 hinge [ij 19:24 historical [4] 234:17 238:1 238:19 247:6 history [8] 49:7 89:24 139:16 238:6 250:21 21:1 90:4 249:24 llit [1] 20:1 hold [io] 25:7 61:22 123:6 196:14 198:1 198:6 198:18 200:6 200:9 234:23 hold-down p] 123:5 129:3 200:12 holding [i] 205:3 holem 198:21 holes [5] 198:7 198:8 198:14 198:15 198:16 home p] 24:10 128:22 129:6 Honorable [i] 22:5 hoppers [i] 143:19 Hoses [2] 188:5 188:7 hoses [4] 270:9 270:14 270:15 271:15 hot[i] 174:10 hour [4] 1:21 13:12 217:11 218:19 hours [i] house [2] 71:17 23:21 59:1 housings [i] 38:5 Houston [i] 3:12 hub [2] 199:24 199:24 hubs [i] 78:8 human [i] 235:1 hundreds pj 203:21 hung [i] 257:22 hunter [ij 51:24 hunting [4] 51:19 51:19 51:22 51:23 Hyde [2] 277:10 276:12 hydraulic [ij 60:4 hygiene [sj 211:24 214:14 217:14 217:19 220:6 hygienist [ij 221:9 hygienists pj 220:11 220:21 220:23 221:4 221:7 Hyper pj 136:13 136:12 Hysterical pj 234:19 hysterical p] 234:16 234:17 -I- I-H [i] 291:2 IBMp] 3:4 ID pj 4:9 idea [9] 14:8 44:23 45:2 75:3 205:8 254:23 41:21 56:15 206:8 ideas [ij 105:20 identical p] 255:5 265:2 identification PI 5:22 154:1 160:4 identified [S] 131:22 154:3 154:6 158:2 159:24 identifiers p] 207:5 identify [8] 5:15 14:15 164:22 165:21 166:9 166:16 172:16 177:2 identifying [6] 154:9 160:23 163:15 164:19 165:7 165:15 II PI 180:13 ILLINOIS [i] 298:1 Illinois! [9] 1:19 Index Page 11 T William Cotton vs. A.P. Green 1:20 3:5 5:3 5:7 8:15 298:6 298:9 299:23 immediately [i] 263:22 impact [3] 29:4 235:1 244:5 Impinger [i] 218:5 implement [2j 210:24 283:14 implementation [6] 211:9 214:15 223:12 229:3 237:15 257:3 implemented [2) 233:9 274:23 implementing [i] 274:18 implications [2) 249:8 251:14 impression [l] 285:16 imprinted [ij 154:17 improved [i] 266:11 improvements m 265:20 imputed [i] 287:12 in-house [2] 212:6 292:10 inch [8] 67:10 67:12 145:3 146:3 146:5 184:9 184:10 184:20 inches [8] 145:14 146:3 146:6 146:7 184:19 67:11 146:3 146:8 incident [2] 114:20 114:17 include [2] 126:8 119:9 Included [ij 190:23 included [S] 123:15 128:24 262:10 281:18 288:21 including [2] 16:22 246:2 inclusive [i] 297:14 incorporated m 97:1 increase [2] 252:1 172:5 increased [2] 242:24 249:19 indented m 154:17 independent [7] 219:21 235:14 237:18 238:1 243:9 243:20 244:14 independently [21 236:1 294:5 Indiana [S] 3:20 131:24 132:2 132:11 133:11 Indianapolis [i] 3:20 indicate [2] 109:20 160:18 indicated [sj 139:14 159:14 254:1 261:4 275:8 indicates [4] 167:24 185:2 185:15 279:1 indicating [ij 214:24 individual [8] 45:18 58:18 59:5 78:9 178:5 178:6 201:23 202:7 individually [i] 34:7 individuals [9] 15:9 16:19 92:4 223:6 229:2 229:11 233:14 235:16 246:8 industrial [8] 21:10 181:15 184:22 187:2 211:24 214:13 217:19 220:6 Industries [3] 3:7 6:2 296:4 industries pj 181:23 246:8 industry [3j 187:10 217:20 270:24 inertia [11 174:22 inexpensive [2] 61:21 169:15 influence [ij 246:15 inform PI 236:15 informally [ij 233:17 Information [3)234:1 238:15 276:3 information [69] 64:15 84:7 84:12 85:1 85:3 85:9 85:18 85:21 86:12 87:14 96:6 110:11 110:16 110:18 111:10 111:14 111:17 117:7 117:13 117:17 117:19 157:8 165:15 165:20 169:19 169:20 170:13 184:8 213:2 214:24 216:9 216:16 222:12 222:14 226:17 227:10 227:20 234:12 234:21 235:19 235:23 238:2 240:6 243:4 243:8 243:19 243:21 244:7 244:15 244:18 244:19 244:22 244:23 246:15 247:6 250:8 251:13 266:22 267:3 267:17 272:21 273:3 273:17 274:11 275:24 276:4 281:16 283:15 291:10 informational m 267:7 informed m 90:3 115:23 ingredients [3] 36:17 143:21 190:20 initial [5) 24:21 BENUSKA REPORTING (630) 834-7828 Multi-PageTM 32:18 40:21 98:19 193:23 initiate [5] 219:17 219:20 223:10 237:18 243:18 initiated [S] 219:14 223:16 223:18 289:12 289:19 initiating [ij 290:5 initiative m 113:15 inputting [i] 84:3 inside [5] 147:23 160:5 174:9 200:19 201:11 inspect [i] 193:1 inspected [i] 196:18 inspection [i] 175:19 inspector [ij 176:2 instability [i] 29:9 install [i] 200:24 installation [4] 76:18 254:4 254:13 273:23 installed [2] 77:6 199:18 instance p] 45:16 58:7 59:2 62:6 130:5 152:20 157:14 164:15 194:2 instead [sj 59:17 69:12 105:5 128:17 169:11 Institute [12] 155:9 224:10 224:22 233:11 267:21 276:2 283:10 284:4 284:7 284:15 291:24 294:2 institute [i] 276:7 instructional [i] 192:16 instructions [2) 160:5 273:23 instrument [i] 35:23 instrumentation [i) 201:10 insurance [6] 212:19 213:1 213:5 213:15 219:17 220:11 integral [2] 264:16 254:20 intended [2] 169:7 192:4 intent [i] 129:24 interchangeably [2] 191:22 215:14 interest [8] 91:4 91:6 92:19 93:11 246:22 12:21 91:20 242:7 interested [i] 299:14 interim [i] 104:9 interior [2] 195:18 35:22 internal [2] 229:10 221:6 immediately justify Carl Liggett, 8-15-02 internally [i] 196:5 interpretation [2] 258:8 260:8 Interrogatories [4] 117:3 117:4 117:14 261:3 Interrogatory [4] 215:3 224:5 260:17 275:10 interruption [i] 16:7 introduced [2j 210:19 210:21 introduction [i] 29:14 inverted [l] 15:20 investigate [i) 210:22 investigating [i] 268:15 investigation [2j 116:13 237:19 investigations m 238:1 investigators pj 240:15 invited m 113:14 invoices [2] 97:22 64:18 involve [81 26:13 61:9 169:15 182:4 266:14 17:19 94:21 266:11 involved [59] 10:17 10:22 11:2 12:16 13:13 13:17 14:22 19:22 22:19 34:2 34:24 35:13 35:14 37:21 37:22 43:20 49:21 54:1 58:1 58:9 62:22 66:23 72:18 89:20 91:24 92:5 94:23 95:18 125:24 131:3 131:11 149:6 157:12 158:22 159:3 159:16 163:1 174:17 181:21 187:22 193:23 207:22 209:14 210:7 216:4 217:2 231:17 233:17 234:13 236:22 238:12 239:19 254:8 259:13 271:17 274:2 279:7 287:14 287:18 involvement [19] 8:23 36:10 39:20 42:20 112:8 209:11 209:21 210:4 210:14 212:18 220:5 220:20 233:19 238:20 239:2 253:16 268:14 271:21 293:23 involving [sj 14:19 88:7 90:5 246:8 287:17 6:24 88:7 286:3 Ironworks [i] 185:3 issue [8] 7:17 19:20 130:9 175:22 257:18 259:13 277:5 293:13 issued [U 267:23 issues 1[25] 7:3 166:19 207:24 209:22 210:16 210:19 211:22 212:20 216:5 229:12 232:11 232:15 233:6 235:3 241:13 243:15 243:22 247:4 252:24 253:4 253:12 257:22 268:15 286:1 294:9 items [2] 111:18 110:1 itself [4)150:20 154:9 278:6 285:11 -J- J [1] 284:23 J.W [ij 230:16 Jackson [i] 5:3 JASON [l] 2:7 Jason [i] 5:23 JEFFERSON [2] 1:2 297:2 Jefferson m 5:10 298:11 JENNERm 3:3 JENNIFER [ii 3:21 Jennifer [2] 296:1 6:3 jeopardize [ij 130:11 Jim [2] 225:8 225:11 jingle [i] 179:9 job [18] 19:4 23:1 25:22 29:2 36:20 40:13 40:23 59:7 124:2 128:21 128:24 129:4 167:22 169:11 169:15 216:24 268:20 269:15 jobber^] 76:13 52:17 jobbers [i] 129:18 jobS[l] 193:14 JOHN [i] 2:14 John [6] 6:9 117:9 149:13 186:2 206:7 260:20 Johns [2] 63:16 63:9 joined [4] 22:24 101:17 244:18 267:9 Joint [i] 194:3 joint [3] 91:1 194:4 249:23 Joliet pj 1:19 5:6 298:9 judgment [i] 257:14 JUDICIAL [2] 1:3 297:3 Judicial [i] 298:11 jurors [ij 47:2 justify [2] 74:13 Index Page 12 William Cotton vs. A.P. Green 74:20 -K^ KASOWITZ [i] 2:11 keep [5] 54:7 64:4 115:17 115:21 132:17 keeping [2] 264:1 64:15 kept [4] 64:9 98:9 115:19 132:23 key [i] 231:19 Killer [i] 291:19 kind [35] 39:24 54:11 56:19 61:8 105:22 109:1 135:4 142:6 145:24 146:9 151:17 153:2 159:16 165:21 179:2 188:24 196:6 196:14 202:11 242:17 259:24 265:19 288:3 21:18 56:15 104:4 131:19 142:22 150:16 157:13 168:8 190:15 196:23 242:20 284:22 kinds [i] 176:10 kit [to] 71:18 71:18 123:9 125:13 128:11 128:17 158:18 159:4 230:18 254:10 kitS [28] 54:2 58:15 58:19 71:23 72:21 80:13 80:19 84:11 124:10 125:3 126:3 129:11 129:13 158:10 158:23 159:19 161:1 256:2 257:4 58:14 70:6 80:9 83:19 124:10 127:19 141:12 159:11 253:22 knew [16] 66:5 90:13 147:23 160:17 210:21 238:11 238:22 248:19 276:16 278:5 29:13 113:22 189:23 238:21 260:24 278:7 knowledge [66] 10:3 35:2 37:14 39:3 41:18 43:5 43:7 43:23 43:24 44:3 45:13 46:10 46:13 48:2 48:4 51:11 56:10 65:19 66:1 69:4 71:8 72:13 72:15 77:21 78:1 79:8 91:19 94:21 127:21 131:14 135:17 151:21 158:21 159:1 159:2 170:18 170:20 180:10 185:23 191:8 209:20 211:23 215:10 215:16 215:21 221:13 221:16 222:11 223:14 225:23 227:9 228:11 237:8 238:16 248:8 248:18 248:24 249:20 267:18 269:3 282:20 285:12 287:13 289:5 294:13 295:8 knowledgeable [3] 8:23 243:14 247:4 known [3j 38:23 182:9 242:13 knows [2] 215:11 183:15 Knoxville [l] 21:8 Kojro[i] 5:1 KURTHtu 3:9 -L- L[6] 1:5 3:21 5:8 298:12 2:7 297:4 L-e-a-i [il L.L.P [i] 75:12 3:9 lab [2] 218:14 221:9 label [24] 225:24 256:2 256:9 256:17 256:21 258:5 258:21 258:22 259:3 259:8 260:19 261:22 277:14 279:21 280:2 280:5 225:16 256:4 256:20 258:12 258:23 260:10 262:14 280:2 labeling [ii] 227:3 227:15 228:4 257:13 262:7 262:20 280:4 159:16 227:21 260:24 263:16 labels [i6] 231:3 231:12 253:9 253:21 258:17 258:21 267:5 267:11 277:19 279:2 229:9 232:23 257:5 261:17 277:5 279:6 laboratory [4] 189:19 189:21 189:23 190:3 lack[ij 191:23 Lackland [i] 22:15 lading il 64:20 lady [3] 173:13 173:14 239:20 laminate [i] 33:10 Langley m 22:16 language [3] 259:15 262:1 274:2 large [i3] 62:13 76:5 158:12 171:8 197:24 198:2 202:4 204:1 56:2 143:20 174:20 201:22 206:14 larger [2] 141:20 71:6 largest HI last [7j 10:12 61:11 61:23 187:3 278:13 184:16 15:11 61:24 late [S] 82:11 214:22 260:21 261:4 272:6 lateral [11 100:16 Multi-Page1 lathe [i] 199:13 law [3] 6:24 10:16 271:22 laws [i] 271:24 lawyer 'S [11 9:13 lay [i] 155:5 layers [2] 284:5 174:1 layoffs [i] leader [2] 23:4 29:3 23:3 leads [i;174:9 Lear [S] 75:5 153:18 153:21 154:1 154:3 learn [i]I 217:5 least [9] 49:18 50:16 119:17 153:18 207:3 259:21 259:23 263:24 292:3 leave [2] 113:14 128:21 leaving|[4] 24:5 26:21 26:24 30:19 led [2] 114:18 114:20 left [27] 17:5 28:5 36:8 39:2 39:19 44:12 44:13 45:3 87:13 99:5 103:12 104:6 104:11 104:13 104:22 105:2 105:8 106:19 112:18 112:20 113:8 12624 127:3 128:23 156:15 177:14 199:16 legal r7i 30:24 117:1 149:18 230:15 247:12 258:8 259:24 legs [i] 272:15 Leland [13] 135:14 135:14 135:20 136:6 136:9 150:10 150:20 151:10 135:7 135:18 136:7 150:18 151:13 Lcland/ [I] 206:22 Leland/Grizzly [i] 207:6 length HI 13:5 68:15 140:4 145:21 Less [i]I 79:6 less [7] 21:14 52:22 75:23 86:20 144:5 145:11 251:7 letter [7]257:10 259:17 276:22 277:2 278:11 283:5 285:18 lettering [2] 262:20 262:19 letters [l] 155:4 level [4] 121:22 216:16 249:14 257:21 levels [ii] 217:6 217:7 232:20 235:4 250:1 265:9 268:10 163:11 217:9 236:12 268:3 liability [i] liaison [2] 237:7 liberty [1] License [i] lifting [i] LIGGETT [5] 4:3 8:6 298:9 Liggett [26] 7:1 8:11 8:16 16:13 30:19 34:16 49:5 66:12 87:12 90:8 115:10 131:18 207:18 228:21 248:11 263:15 296:8 Liggett 's [2] 6:22 light [5] 27:21 30:7 48:19 lights [4] 30:9 30:9 limitation [i] limiting [2] 273:20 limits [3] 216:23 217:2 Line [2] 188:3 line [24] 21:17 40:12 51:7 89:1 125:16 134:5 137:5 151:3 160:1 160:2 168:21 169:18 179:23 191:15 197:9 253:10 lines [35] 53:21 57:23 90:23 94:22 94:24 95:4 98:18 119:16 120:6 122:3 126:19 126:22 127:6 133:14 137:13 137:22 141:2 152:17 167:19 179:9 188:1 188:13 207:19 Lining m lining [54] 47:7 52:11 53:12 53:16 59:24 60:1 134:9 137:1 141:19 143:24 153:24 154:18 155:15 155:18 156:17 156:23 157:9 167:7 174:16 174:23 176:14 176:14 176:17 176:20 19:20 237:3 183:9 299:24 212:12 1:12 297:21 5:12 8:14 20:14 38:9 66:23 115:7 148:15 228:24 294:21 6:20 29:5 138:3 30:8 30:10 13:3 272:23 216:20 188:7 35:18 79:14 126:2 150:18 160:1 169:17 186:19 218:2 26:1 88:8 94:22 95:23 119:17 122:10 127:3 134:22 139:10 159:12 183:16 194:1 167:14 47:6 53:10 53:17 61:3 137:11 146:14 155:13 156:8 157:2 167:8 175:19 176:16 177:9 KASOWITZ - logos Carl Liggett, 8-15-02 177:12 177:19 178:4 178:10 187:13 197:15 197:22 198:9 198:12 198:15 198:22 201:21 203:11 203:14 205:1 254:11 254:11 lining'!S [Il linings [43] 46:23 52:7 67:15 69:11 119:11 121:3 123:16 136:17 142:2 142:14 144:6 144:11 158:1 170:17 171:9 173:10 173:24 174:2 176:7 178:5 187:12 187:23 198:2 203:17 204:4 204:14 268:2 268:9 liquid [i] 156:19 35:15 61:11 119:9 121:13 141:16 144:5 147:15 171:8 173:23 176:3 187:6 197:1 203:23 254:10 280:15 269:10 LISApi Lisa [2] 6:5 list [7] 54:7 54:12 94:13 206:9 206:11 listed [2] 207:3 lists [i] 207:14 3:13 148:11 54:11 133:23 150:14 literature [8] 237:19 237:20 237:21 240:24 242:11 242:23 244:4 289:7 litigation [sj 17:9 90:1 287:14 14:23 90:4 Littleford [2] 173:8 live [i] 17:12 LLP [2] 2:11 load [i] 80:13 lobby [i] 172:20 2:16 237:10 lobbying [4j 233:18 234:6 235:20 237:14 local [i] 129:17 located m 5:2 10:18 30:11 66:7 82:5 132:11 133:11 location [i4] 25:4 25:13 29:16 50:20 64:9 64:14 65:3 69:14 69:15 82:2 85:7 97:11 97:12 172:10 locations [3] 13:6 25:19 185:6 lockup [l] logical [11 logo'dm 57:6 168:3 160:3 logo-ing [3] 280:6 280:7 logos [4] 160:24 165:7 280:6 153:2 165:16 BENUSKA REPORTING (630) 834-7828 Index Page 13 William Cotton vs. A.P. Green Multi-Page TM London [i] 239:4 longer [sj 61:11 61:24 156:14 246:23 248:1 longevity [i] 166:7 Look[i] 187:3 look [29] 29:1 67:8 145:15 155:19 156:7 156:9 156:11 156:22 165:18 170:23 171:1 172:15 173:12 175:18 178:4 178:21 189:4 189:7 196:15 196:17 196:21 205:18 205:19 206:22 212:11 246:21 255:12 279:18 288:12 looked [81 27:3 67:10 154:19 192:5 259:17 14:3 67:12 207:14 looking [io] 169:18 176:4 181:13 182:6 192:2 194:17 206:15 253:4 253:6 256:3 looks [7] 171:9 188:24 192:20 197:4 202:1 204:14 284:23 Lorain [il 21:15 Los [i] 179:14 lose [3] 57:9 57:11 251:3 lost [4] 92:17 104:10 125:9 171:20 Loudon [i] 43:11 lOW [2] 137:12 156:4 Lowell [il 46:2 lower [4] 62:3 62:8 122:4 293:9 LTL [2] 79:4 79:5 lunch [2] 294:4 282:16 lung [8] 242:15 242:24 250:13 250:14 250:16 250:17 250:19 262:10 lungs [i] 251:3 46:2 maintain [2] 219:1 maintained [i] 17:4 maintaining [2] 293:11 293:12 maintenance [6] 22:3 22:19 37:21 37:23 267:24 268:8 major [i2] 36:4 53:20 53:24 75:14 82:23 95:10 130:4 130:17 130:21 140:3 IJO.^4 majority [3] 76:10 79:9 269:8 makes [21 163:23 163:8 malleable m 145:17 146:17 managed m 23:20 management [ii] 21:10 36:11 36:24 99:3 100:11 105:19 114:14 211:3 211:7 231:7 231:11 manager [28] 23:17 23:19 24:23 25:1 25:2 25:11 25:18 28:18 29:14 30:1 30:16 31:5 31:20 32:19 32:21 40:18 46:19 100:14 100:22 102:3 102:5 102:6 103:6 104:17 106:2 106:8 225:9 281:6 mandate [i] 262:16 mandated [i] 266:17 Manhattcn [3] 63:19 283:6 291:4 manner [2] 267:18 235:5 manpower [i] 98:18 Manual [i] 55:10 manual [2] 47:13 -M- M-c-i-ia-z[i] 15:17 M-e-l-l-o-w [i] 225:8 M-c-r-ie-n-c-s -S [1] 293:19 machine [ioj 45:21 46:1 46:11 145:5 199:9 204:1 42:5 46:7 186:12 204:3 machines [8] 181:17 186:9 199:8 199:8 199:9 203:22 255:5 265:2 Macks [il mailing [2] 131:23 56:3 131:22 main [i] 42:17 Maine [21 42:13 manufacture [12] 10:4 27:20 32:24 41:3 41:7 43:20 44:18 49:21 58:7 73:3 74:21 150:1 Manufacture! [3] 136:15 137:2 137:18 manufactured [31] 11-4 37:11 42:11 46:8 46:21 46:23 47:23 48:10 52:13 56:7 61:24 67:24 69:8 85:12 111:19 122:14 126:15 134:1 134:10 140:8 142:10 151:10 151:13 152:11 166:3 166:4 169:4 183:13 226:1 243:11 248:20 BENUSKA REPORTING (630) 834-7828 manufacturer [7] 62:21 93:16 95:10 119:16 154:6 155:10 160:19 manufacturers ri6i 37:12 45:16 48:6 56:9 60:13 74:7 74:10 157:14 157:18 158:22 162:2 235:21 236:4 236:8 266:23 294:7 manufactures [i] 58:12 Manufacturing [5] 23:7 46:2 120:22 121:1 182:10 manufacturing [47] 8:24 23:6 25:3 26:14 27:19 28:12 28:14 33:14 33:17 35:1 43:9 45:24 48:22 56:17 58:1 65:17 69:9 73:21 75:15 83:2 84:2 85:8 85:11 86:3 89:20 98:4 112:2 143:3 148:22 149:1 149:6 158:13 170:16 170:19 171:4 173:7 180:18 181:21 187:2 187:22 194:16 194:19 195:20 196:1 196:8 210:8 214:4 Manville [2] 63:9 Al l A MAK [1] 7:12 March [31 255:18 255:21 285:3 Maremont [339] 2:21 6:7 6:9 7:6 7:11 7:19 8:22 10:3 11:4 11:13 11:20 11:23 12:4 12:11 12:14 13:21 14:11 14:19 15:7 16:3 18:5 18:14 18:17 18:18 18:22 24:4 24:6 24:8 24:22 25:1 25:23 34:19 38:14 38:21 38:24 39:5 39:8 40:4 40:5 40:14 40:17 41:3 41:9 41:19 41:22 42:1 44:1 48:24 49:6 49:8 50:5 50:6 50:17 50:24 51:7 51:12 52:2 54:7 63:1 64:4 64:9 65:12 72:17 76:9 77:7 77:17 78:7 78:16 80:8 81:1 81:10 82:13 83:6 83:13 83:18 83:24 83:24 84:4 84:13 84:17 84:21 85:1 85:4 85:6 85:7 85:13 85:22 86:21 87:15 87:18 87:21 88:7 88:17 89:6 Londonmaterials Carl Liggett, 8-15-02 90:11 90:16 91:1 91:3 91:8 91:14 91:20 92:2 92:10 92:19 92:20 93:1 93:17 94:11 94:19 95:23 97:24 98:9 98:20 99:5 99:8 99:10 99:11 99:14 100:5 103:1 103:22 105:8 107:7 107:11 107:16 107:18 107:24 108:11 108:16 108:20 108:22 109:2 109:18 109:19 110:2 110:15 111:2 111:12 111:14 113:2 113:8 113:11 113:19 114:1 117:6 119:18 119:23 120:5 120:17 122:11 124:9 124:18 124:22 125:1 125:3 125:17 126:16 126:20 127:17 129:14 130:2 131:3 131:23 132:10 132:14 132:15 132:22 132:24 133:13 133:18 133:21 133:23 134:16 135:13 139:9 139:9 139:12 140:8 141:1 142:10 148:17 148:21 148:24 149:4 149:14 149:19 150:2 150:17 150:21 151:2 151:19 152:2 152:9 153:9 153:11 157:12 157:19 157:20 157:23 158:11 159:2 159:14 160:1 160:3 160:17 164:18 164:20 165:8 168:23 170:12 179:1 180:4 180:8 180:12 180:21 181:20 182:8 182:9 182:24 183:3 183:4 183:13 183:16 185:19 185:23 186:6 187:8 187:21 188:2 188:18 189:13 189:24 191:3 191:13 191:22 191:24 193:2 193:9 193:12 193:16 194:13 207:21 208:4 208:17 210:7 210:16 211:4 211:8 211:21 211:24 212:8 212:15 212:20 214:24 214:24 215:5 215:21 215:24 216:10 216:20 220:19 221:14 223:9 223:19 223:22 224:17 224:20 226:1 226:6 226:11 227:15 227:20 229:1 229:5 229:11 230:5 231:1 231:16 233:16 234:4 234:7 237:3 237:6 237:24 238:16 246:18 247:2 247:7 247:24 248:6 251:17 253:11 255:1 255:3 255:4 256:12 256:16 257:4 258:11 261:4 261:24 262:13 263:10 265:12 265:18 265:23 266:2 266:21 267:3 269:22 271:22 272:22 273:6 273:10 273:16 274:14 274:22 279:12 279:18 281:7 282:1 283:18 283:20 283:23 284:12 284:21 286:21 287:15 287:17 287:19 287:21 288:7 288:14 289:12 289:16 289:18 291:24 292:14 294:12 Maremont's[i7] 14:14 75:19 80:24 83:2 84:15 95:4 96:18 129:24 132:1 132:18 158:5 181:20 206:10 220:1 227:6 248:8 288:23 mark[i] 154:17 MARKED [2] 4:9 4:11 marked [i] 150:9 market [i3] 45:17 71:9 72:2 75:19 88:17 89:15 93:24 95:19 95:24 134:20 157:21 158:19 164:21 marketed [2] 118:11 125:20 marketing [9] 15:7 54:16 54:17 86:17 104:7 194:5 225:9 232:8 253:15 marketplace [2] 151:20 155:16 markings [i] 159:13 marks [i] 154:9 married m 24:10 mash [i] 60:3 master [2] 141:20 54:11 matches [i] 198:17 Material [i] 155:9 material [43] 14:3 52:12 53:19 57:17 57:18 58:2 58:14 59:20 60:22 61:2 61:22 63:2 64:10 65:10 65:17 66:13 67:1 73:11 83:3 88:17 89:15 93:15 112:15 118:19 124:15 136:14 138:5 138:17 138:21 139:15 142:3 143:3 155:6 156:10 158:9 176:5 177:11 177:19 178:7 190:14 238:23 272:6 294:7 Materials [12] 89:14 224:9 224:21 276:1 283:10 284:3 284:7 284:14 288:20 291:7 291:23 294:1 materials [ssj 38:5 56:22 62:9 64:17 66:16 67:23 69:6 72:19 10:5 56:23 66:14 68:21 74:2 Index Page 14 William Cotton vs. A.P. Green 74:6 74:23 75:15 75:20 77:1 77:23 78:4 78:22 79:1 88:18 93:22 93:23 112:12 118:15 119:5 119:6 119:7 120:1 122:18 135:20 138:13 141:10 152:4 152:12 152:14 153:1 153:8 154:8 157:24 158:17 164:17 171:22 181:22 190:4 190:14 190:20 190:21 194:20 210:8 225:16 227:17 258:17 276:10 289:10 290:16 matter m 7:16 19:17 65:8 144:3 162:5 227:1 289:5 matters ps] 6:24 9:19 10:18 11:12 18:3 18:7 18:21 20:6 238:20 247:7 6:23 10:7 12:4 18:19 39:24 May [4] 257:11 259:14 276:23 277:10 may [29j 12:16 14:5 17:19 20:21 33:2 37:16 50:9 50:14 53:4 61:22 61:24 74:8 74:10 93:11 116:22 116:23 131:20 165:2 177:2 188:14 204:21 206:13 207:4 207:10 212:8 224:6 229:4 229:16 242:5 McCook [4] 1:20 5:7 32:14 298:9 McGuire [i] 22:18 mean [2sj 44:11 50:23 53:10 57:4 123:18 123:20 154:12 154:15 181:2 182:23 199:5 212:7 217:17 234:20 258:19 271:8 39:3 52:9 83:13 154:11 161:6 185:4 215:11 258:10 283:23 meaning [3] 74:11 181:24 254:11 means [8] 185:2 185:6 199:6 260:9 288:10 184:1 186:1 271:4 meant [3] 92:14 128:19 144:12 measure [3] 174:24 201:2 254:16 measured [3] 218:13 254:22 255:4 Mechanic [i] 165:19 mechanic [ioj 37:24 52:18 124:5 156:3 156:7 156:22 162:24 169:21 192:21 269:2 mechanics [23] 128:8 130:22 160:15 161:12 170:1 192:16 193:3 193:5 193:10 199:9 254:2 259:10 263:2 263:12 263:19 270:4 270:14 270:23 271:3 271:6 271:14 272:23 273:19 media [2] 234:23 208:11 medical [8] 224:5 237:19 237:20 238:2 241:7 241:13 244:4 250:9 meet [4] 13:19 211:6 213:11 220:12 meeting [6] 8:19 65:21 117:9 211:12 276:9 294:8 meetings [sj 235:18 236:19 244:12 274:15 293:6 Mellow [2] 225:11 225:8 member [9] 224:12 233:22 234:4 234:7 236:15 238:14 276:8 284:17 284:18 members [2] 49:13 294:1 membership [i] 276:6 membranes [i] 251:4 memop] 260:14 memorandum [1] 229:10 memory p] 14:10 14:10 115:23 135:2 182:13 memos PI mental [i] 229:10 56:16 mentioned [i3] 92:18 93:8 121:9 131:7 134:3 134:23 139:1 139:2 140:6 150:11 245:2 250:13 250:24 mentioning [i] 250:16 mentions p] 184:9 Mereness p] 293:19 Meridian p] 3:18 mesothelioma Pi] 242:16 243:1 246:3 246:11 249:19 250:23 251:15 251:18 252:11 252:21 253:1 met pi 17:7 88:20 213:22 Metal [5] 30:6 30:7 31:23 30:5 31:5 metal [9] 28:20 33:3 53:14 58:9 73:10 123:5 135:8 135:11 177:15 Metallic p] 138:12 method PI 177:23 MG pi 154:10 Multi-PageTM MICHAEL [i] 2:8 Michael [i] 5:24 microscope [i] 218:17 mid [7] 32:4 212:15 216:6 267:23 268:6 283:11 233:15 middle [i] 122:4 middle-of-the-road [11 122:1 Midget [i] 218:5 midway [i] 207:5 Might [i] 43:3 might ps] 44:17 47:18 50:12 78:11 146:6 169:16 172:1 179:19 179:20 179:21 206:13 206:20 215:18 291:3 291:17 mile [3] 167:20 167:23 168:1 mileage p] 167:4 167:2 miles [3] 8:18 167:8 167:8 military [5] 22:23 46:3 208:23 22:20 208:18 milkp] 166:10 millions p] 203:20 Mills [i] 149:13 mind [4] 49:4 173:3 183:8 279:10 mine [4] 24:7 29:13 62:24 63:9 Mines p] 63:5 mines [i] 63:1 minimal p] 254:21 mining p] 184:23 minor [i] 147:3 minute pj 272:16 87:5 minutes [2] 294:14 272:12 misnomer p] 53:17 178:16 missed p] 123:23 misstate p] 71:2 mistaken p] 172:1 misunderstood pj 89:11 226:22 mixed pj 143:21 mixer pj 172:21 173:8 173:18 mixers p] 143:20 mixing pj 173:9 mixture pj 144:21 144:13 model [2] 165:22 110:10 Modesto [i] 23:8 modified pj 219:12 256:16 273:23 modifiers pj 57:3 57:4 57:13 60:10 67:17 191:1 191:2 191:4 202:17 modify p] 236:11 molded [2] 202:4 187:6 molds PI Monday p] 148:6 40:23 monitor [i] 214:1 monographs p] 245:6 Montgomery p] 130:5 month PI 230:4 166:4 months p] 227:2 Mopar [i] morning p] 288:17 158:3 8:11 Most [4] 14:12 79:17 83:1 242:7 most [i2] 69:5 72:6 130:1 130:20 162:16 195:17 269:18 289:3 64:24 98:3 162:14 195:24 mostly PI 9:1 70:2 72:19 motivating pj 95:21 Motor pj 21:15 36:9 36:23 Motorcraft p] 158:3 Motors [i] 158:4 mountains p] 57:10 mounted p] 47:6 move p] 260:16 144:23 moved P] 23:8 25:22 51:11 97:18 171:17 172:2 180:15 MS [i6] 2:20 3:21 6:3 6:7 6:13 7:5 7:18 7:24 8:5 260:15 296:1 3:13 6:5 6:17 7:22 38:15 Ms [i] 148:11 muffler pj 45:6 45:9 139:6 139:7 140:11 43:16 110:16 140:9 mufflers p] 44:22 72:11 111:13 139:2 140:19 172:7 43:18 84:11 140:13 multiple [S] 64:13 195:9 195:10 201:20 284:5 Muskogee p] 30:12 must [i] 51:22 -N- matter - nationwide Carl Liggett, 8-15-02 N [i] 4:1 name [4S] 5:1 8:12 8:14 8:22 15:11 27:9 33:22 33:22 41:15 42:17 50:11 66:9 66:12 69:16 92:7 92:18 94:4 94:7 102:10 102:16 103:15 108:4 118:17 119:3 119:20 121:2 121:3 121:18 122:3 139:10 149:16 151:13 153:2 155:1 158:2 162:22 163:15 164:4 164:7 164:12 165:24 167:18 184:2 185:13 230:17 named PI 284:22 239:15 names [34] 10:19 15:8 31:17 42:14 42:16 43:13 63:4 92:7 118:10 118:23 120:2 120:4 120:8 120:16 120:19 122:21 134:2 151:10 151:19 152:13 152:21 153:11 158:6 160:23 164:15 164:16 164:19 165:3 185:2 185:7 205:18 206:12 206:19 213:8 Naperville pj 8:15 8:16 8:17 narrow [l] 146:5 Nashville [84] 24:9 24:9 25:5 25:18 46:17 48:17 69:10 69:13 71:21 71:24 73:6 73:14 73:20 74:1 21:4 24:14 40:19 69:7 69:21 73:1 73:17 74:5 76:17 76:20 77:5 77:13 77:20 78:5 81:12 81:19 82:4 82:22 83:20 84:8 85:14 85:16 97:10 97:16 98:1 100:10 101:4 101:23 103:11 104:1 104:5 104:18 104:23 105:3 106:17 106:18 107:4 107:7 108:9 108:19 108:23 109:13 111:23 112:1 112:2 122:16 122:22 124:21 147:12 159:19 171:12 171:18 171:19 172:3 172:9 175:10 175:15 211:4 211:8 213:12 213:17 213:20 214:4 218:23 225:10 225:11 231:23 264:22 282:12 282:24 National p] 267:21 national pj 78:20 102:13 136:7 nationally-recognized [l] 136:9 nationwide [i] 78:17 BENUSKA REPORTING (630) 834-7828 Index Page 15 T William Cotton vs. A.P. Green nature [5] 9:2 9:24 11:24 24:16 282:10 necessarily [4] 51:2 183:13 288:22 291:14 necessary [3] 7:2 266:3 266:6 necessity [2] 6:24 274:18 need [i7] 14:2 41:5 56:24 59:16 85:23 128:4 132:12 163:4 192:8 218:1 229:4 243:24 253:22 263:13 265:14 285:15 295:3 needed [2i] 29:14 60:9 65:15 76:10 76:14 80:19 80:20 83:16 83:17 83:19 86:5 109:20 110:1 110:9 110:20 111:11 147:8 147:9 147:19 147:22 213:24 needs [5] 62:13 62:14 84:5 110:22 199:6 negotiate [i] 12:21 negotiations [2] 92:1 256:19 Neitherm 122:17 ncstled[i] 141:17 Never p] 131:11 270:6 294:5 never [i2] 112:14 125:18 131:3 158:11 235:11 271:17 276:9 282:6 39:23 127:19 168:11 276:8 New [2] 2:13 2:13 new [29] 27:3 30:24 52:11 52:15 52:23 53:1 53:7 53:8 59:9 59:17 65:24 65:24 70:7 70:8 71:11 71:17 71:22 74:22 76:24 97:17 109:11 124:10 148:19 158:23 159:4 159:6 163:5 270:17 276:4 Newall [22] 88:16 88:21 89:4 89:13 89:16 89:24 90:5 93:4 93:7 93:12 95:2 95:3 96:14 107:19 238:11 238:11 238:17 238:19 238:21 239:2 239:10 239:22 news [3] 135:15 208:11 270:22 newsletters [i] 267:7 Next [6] 46:15 172:19 174:15 179:5 188:21 197:17 next [is] 25:9 43:8 45:21 69:7 87:15 87:16 87:19 108:17 143 :22 188:17 189:22 200 :2 205:10 207:23 260 :23 NIOSH [U] 218:14 218:15 232:14 233:5 233:7 233:10 244:22 262:2 262:6 268:6 268:17 non-Sears [i] 125:18 None [6] 16:20 20:4 119:13 137:6 224:1 283:21 none [3] 37:18 48:4 223:14 nonhazardous [i] 268:22 nonsmokers [5] 235:9 235:11 240:19 241:1 250:15 jnor[2] 299:13 299:14 normally [2] 107:1 131:1 [North [i] 3:18 notarial [i] 299:17 notarized [i] 299:7 Notary [3] 1:18 298:5 299:23 noted [l] 277:23 notes [l] 38:9 Nothing [3] 167:11 206:1 294:3 nothing [i] 298:18 [Notice [2] 298:16 1:13 notice [3] 6:15 247:9 248:16 noticeable [i] 262:19 notices [i] 233:1 notification [i] 85:8 notified [3] 84:4 85:21 226:2 notify [3] 83:18 84:21 86:3 notifying [i] 227:16 November [2] 230:6 261:13 [Now [i3] 59:22 95:1 119:15 122:9 126:13 171:11 200:14 210:6 53:14 106:1 126:2 180:7 225:13 now [18] 42:7 42:19 43:12 75:10 75:18 111:19 145:20 151:24 162:22 167:11 204:8 246:21 267:10 282:24 295:2 295:2 295:13 298:10 NUMBER [i] 4:9 number [28] 7:13 9:23 34:17 41:21 55:15 89:19 116:22 121:2 5:11 17:10 55:14 105:16 133:24 Multi-Page TM 139:14 139:19 141:16 165:21 190:19 206:14 206:18 206:19 216:1 218:18 229:8 246:7 253:7 275:11 281:19 numbers p] 7:16 155:3 155:7 Numoabex pj 93:11 94:1 94:2 Nutum[ii2] 25:23 26:1 26:7 26:22 26:24 27:1 28:4 28:5 34:19 38:24 39:2 39:8 39:17 39:19 40:1 40:4 40:18 87:19 87:24 88:6 88:7 88:21 90:9 90:23 91:4 91:21 92:1 92:13 92:15 92:21 92:24 94:11 95:3 95:22 96:2 96:8 97:6 98:1 98:11 98:20 99:6 107:3 107:23 108:12 108:13 108:16 108:22 109:8 110:2 110:11 111:3 111:19 112:20 113:19 114:8 126:20 129:15 134:16 149:4 110:19 111:4 111:20 113:3 113:21 124:9 126:23 130:2 148:21 150:2 110:23 111:5 112:18 113:18 113:24 124:19 127:17 132:15 149:1 152:3 152:9 157:12 159:3 160:3 168:23 181:21 153:10 157:19 159:14 164:18 170:12 185:24 153:11 157:24 160:1 165:8 179:2 191:3 191:16 207:21 216:1 223:23 224:17 224:20 238:13 265:13 265:18 266:7 273:10 290:4 292:14 292:16 292:19 -o- o'clockp] 1:21 object pi 182:22 248:15 Objection [ssj 51:8 53:9 70:24 75:22 87:3 88:11 89:7 98:2 98:13 122:7 127:24 135:16 151:11 152:5 157:3 160:8 161:4 162:10 168:16 169:1 171:13 187:15 193:19 199:11 199:22 208:6 211:11 220:2 235:6 235:22 239:12 239:23 240:2 240:20 242:17 245:10 245:16 245:23 246:4 246:12 252:4 257:23 258:7 259:18 260:3 262:3 263:5 269:6 270:19 nature - ones Carl Liggett, 8-15-02 272:8 275:20 278:22 285:19 286:15 288:8 291:13 292:2 293:4 objection [i] 8:1 objections pj 6:16 7:8 7:20 obligation [i] 259:24 observable [i] 262:21 observe pj 218:21 220:14 291:17 observed p] 195:5 261:7 278:4 observing [i] 270:6 obtain [4] 29:12 31:21 113:23 243:21 occasionally [2] 212:10 219:11 occupation [i] 39:12 Occupational [2] 233:11 267:22 occur [3] 162:15 171:12 176:10 occurred [13] 51:6 69:9 96:17 171:16 171:16 171:19 171:22 172:10 173:7 180:8 196:1 228:12 229:17 occurring [i] 203:15 oddball [l] 129:21 OEM [4] 37:7 47:24 71:13 157:9 Off [7] 16:9 87:6 115:2 148:8 228:16 272:18 294:16 off [23] 19:24 59:6 80:14 87:13 145:14 156:19 270:17 16:8 30:14 77:18 84:16 118:1 156:8 162:18 272:19 16:10 38:9 77:22 87:5 145:2 156:18 205:7 294:14 offer [i] 72:1 offered [3] 72:2 217:14 217:18 offhand [i] 118:23 office pj 9:13 86:23 97:19 97:19 116:4 116:21 213:16 276:20 officer p] 231:22 22:3 offices [4] 9:4 9:11 180:18 195:19 official pj 132:6 132:4 Often [2] 128:11 129:23 Ohio [36] 25:12 25:14 46:22 47:24 48:10 48:16 50:21 51:12 51:20 52:2 52:13 56:21 60:16 62:17 21:15 46:17 48:5 48:21 51:15 52:6 57:20 69:18 82:5 94:13 103:4 107:11 136:16 147:10 172:22 173:8 180:15 180:19 189:12 194:16 225:12 258:24 Oil [i] 131:15 Oil [7] 130:21 144:3 144:10 186:8 187:5 187:10 204:4 oil-based [8] 144:1 144:5 144:11 144:21 147:15 148:2 167:7 203:23 Oklahoma [3] 26:18 27:16 29:17 29:20 30:12 Okmulgee [2] 29:17 29:18 old [6] 52:10 52:11 52:14 52:24 53:3 115:14 omitted [i] 256:4 Once [3] 17:3 77:4 85:6 once [7] 142:18 143:18 143:21 146:24 155:15 223:18 254:15 One [5] 3:4 123:2 131:22 207:5 207:8 one [io3] 8:1 11:2 17:17 17:18 20:17 20:19 21:14 22:12 31:24 33:19 34:17 36:17 43:11 43:15 47:4 48:19 53:1 53:8 58:13 61:1 61:12 66:18 68:20 71:24 73:2 75:5 75:9 76:21 81:11 82:3 83:17 84:1 84:4 84:16 85:13 93:9 95:21 105:10 117:1 121:8 123:1 123:11 126:4 127:2 127:5 128:9 130:21 133:21 134:23 137:16 140:3 141:17 148:19 150:9 151:24 152:20 154:2 155:6 160:14 163:9 165:2 167:18 168:21 173:8 173:17 174:2 177:14 181:5 181:16 186:7 187:13 189:13 194:13 195:7 195:12 195:17 196:24 198:4 203:22 206:4 213:1 213:6 213:7 215:11 247:3 253:6 253:8 255:9 259:4 262:15 263:15 264:24 275:7 277:22 280:2 280:14 287:8 287:16 287:17 288:16 292:4 293:8 293:13 Ones [ij 277:17 ones [i7] 45:17 66:15 84:18 116:20 121:8 129:14 131:6 BENUSKA REPORTING (630) 834-7828 Index Page 16 William Cotton vs. A.P. Green Multi-Page7 131:9 140:16 196:20 286:21 136:19 160:11 230:20 136:20 183:8 230:22 ongoing [2] 219:5 114:18 onto [5] 139:6 139:8 145:5 176:21 177:8 open [2] 105:17 174:13 opened [3] 49:17 160:16 195:17 opens [i] operate [ij 174:6 72:14 operated pi 78:6 87:18 195:8 operating [6j 57:15 95:13 107:6 107:10 126:16 173:22 operation [] 81:20 81:22 178:24 197:21 197:22 282:21 operational [2] 98:17 253:14 Operations [ij 24:23 operations ps] 24:24 25:2 25:3 25:11 25:18 26:11 26:14 28:12 34:2 40:18 42:21 102:5 102:6 103:6 104:17 106:8 108:11 184:23 operator [i] 173:13 operators p] 173:17 opinion [12] 242:5 246:20 250:22 251:13 251:17 258:1 272:22 278:21 241:13 247:16 251:16 268:7 opinionated [i] 258:1 opinions [8] 243:9 245:13 248:12 248:17 288:13 241:17 246:16 250:19 opportunities [i] 24:17 opportunity [5] 9:18 16:21 24:9 116:20 245:5 oppose [i] 293:1 opposed [2] 87:1 69:2 opposite [i] 199:1 option [i] 71:17 order [i] 81:2 ordering pj 112:14 orders [4] 64:7 80:18 80:24 108:15 organization m 96:3 155:8 233:5 233:8 233:22 235:20 236:4 Organizations m 105:24 organizations [6] 234:7 234:15 235:16 236:15 244:16 268:14 organized [i] 105:21 origin [i] 292:12 original [io] 48:7 50:9 157:6 157:20 158:3 201:6 45:19 56:8 157:21 262:2 original's [i] 50:11 originally [4] 49:9 49:12 97:1 157:2 origination [l] 49:10 255:5 264:16 283:14 294:8 owned [io] 34:9 63:9 93:7 108:20 125:1 150:17 owner p] 30:24 33:21 92:11 92:14 ownership p] 93:10 oxygen pj oxygenate [i] 271:18 34:7 89:13 109:19 238:21 30:24 51:18 92:16 92:19 251:3 251:5 ORZESKJE [i] 3:17 OSHA[64] 209:11 -P- 209:14 210:4 211:1 212:24 216:5 209:16 210:14 211:15 214:9 217:7 209:21 210:21 211:22 214:15 217:10 Pm 3:6 P-a-u-1-d-i- n-g [i] 25:16 P.C[1] 3:17 219:2 219:9 219:13 P.M [i] 296:10 220:20 223:4 223:12 223:16 223:18 226:16 227:4 227:4 227:11 228:7 229:3 229:12 231:2 231:8 232:17 233:9 244:21 245:12 p.mp] 87:8 148:10 228:19 package [i] packages p] 267:6 267:11 115:5 294:18 207:5 258:23 253:9 253:21 257:5 packaging [6] 227:11 257:12 258:4 258:21 227:14 228:5 229:5 258:21 259:5 259:23 272:22 279:13 260:8 262:16 264:6 265:3 266:4 266:8 267:18 274:12 275:2 "277:11 282:3 282:21 OSHA's [2] 245:20 263:16 265:8 267:15 274:16 279:3 294:8 225:13 pad [8] 47:10 58:14 145:14 199:17 199:18 pads [35] 47:9 52:7 55:1 58:3 70:5 70:23 71:5 71:7 53:6 199:15 290:22 46:24 53:16 69:11 71:4 72:22 otherwise [i] 153:9 73:4 74:1 74:23 outcome [i] 299:14 outside [U] 129:17 149:2 150:1 160:5 195:19 197:5 202:19 76:11 149:5 193:6 197:7 outsourced [i] 79:12 oven [ii] 144:24 145:6 173:10 174:2 174:6 174:9 178:1 144:24 145:19 174:4 176:18 Ovens [l] 146:24 Over-The-Counter [14] 123:19 123 123:23 124:1 125:5 125:6 125:10 126:2 76:16 77:1 119:12 121:14 123:3 123:3 123:15 124:3 126:4 126:8 129:1 129:6 280:16 PAGE [i] page [i3] 172:15 172:19 174:15 176:23 187:3 189:15 197:17 200:2 Pages [i] pages [3] * 192:6 203:16 paid [2] 11:22 119:9 122:3 123:13 125:11 128:12 136:17 298:3 171:1 172:23 181:9 189:18 207:3 297:13 168:7 247:5 127:22 128:1 128:18 Paint [2] 36:6 36:7 167:23 169:12 280:20 paint [3] 52:14 53:1 Over-The-Counters 72:14 [2] 126:14 136::2fPampers pj 23:7 overheat [i] 57:11 23:20 oversized [i] 254:11 pamphlets [i] 179:3 own [19] 37:11 65:12 76:11 152:19 154:2 193:6 219:14 219:20 239:3 58:20 139:10 170:18 219:18 244:14 panels [2] 35:23 paper [i] papers [4] 27:22 280:13 140:8 BENUSKA REPORTING (630) 834-7828 ongoing - perception Carl Liggett, 8-15-02 140:11 140:13 140:19 paragraph [i] 285:15 parallel pi 233:4 232:13 parameters [2] 57:15 241:11 pathologically [i] 239:9 patience [ij 294:22 PAULA [i] 2:20 Paula p] 6:11 6:7 parent [i] 41:18 parking [i] 19:4 part [23] 7:15 35:18 45:6 53:14 53:18 58:13 60:2 67:1 107:16 129:21 143:5 165:21 193:15 204:17 241:23 35:13 50:23 57:19 66:24 129:18 162:16 204:12 283:23 participant [i] 233:22 participate p] 237:9 237:13 particles pj 278:12 278:3 particular [i3] 65:14 68:3 105:18 114:17 137:24 164:3 196:20 206:3 43:13 98:20 116:15 170:24 281:15 particularly [i] 114:22 parties p] 5:22 10:13 299:13 Partitions [4] 9:6 9:7 19:21 32:7 partitions [4] 32:24 33:3 33:8 33:12 parts [48] 37:3 39:11 57:19 58:10 58:18 59:1 59:19 59:20 71:23 73:10 74:14 74:24 80:21 80:22 114:8 123:4 126:10 130:24 131:13 133:7 135:11 135:14 136:10 150:10 151:13 151:24 157:17 157:17 160:7 161:15 164:10 206:15 37:2 52:17 58:13 59:18 71:17 73:16 76:13 112:15 123:5 131:4 135:8 135:21 150:14 152:1 158:23 161:16 party [3] 20:5 20:11 229:16 passp] 251:3 passed [2] 274:12 257:2 Passenger [l] 100:7 passenger^] 55:18 55:22 70:12 136:21 138:3 184:17 past [6] 8:23 9:20 14:11 118:9 119:18 229:23 pastures [j] 114:15 patch [i] 166:16 pathological [i] 239:20 Paulding po6j 25:19 46:17 46:23 47:23 48:10 48:16 49:17 49:18 51:4 51:20 52:6 52:12 56:16 56:20 57:24 58:6 58:17 59:23 62:17 64:22 65:18 66:7 66:11 67:3 68:22 69:11 69:17 69:18 74:3 74:13 77:2 77:24 82:5 82:7 94:13 103:4 106:23 107:11 112:5 112:8 118:16 124:15 137:2 137:18 138:14 138:18 142:1 143:2 147:13 152:11 152:24 154:8 171:5 171:6 171:17 171:23 172:9 172:14 173:8 175:9 177:3 177:4 178:23 180:15 194:16 195:7 203:17 204:5 218:23 225:12 25:14 46:21 48:5 48:21 50:21 52:2 56:7 57:20 58:12 60:15 65:7 66:10 67:24 69:17 72:17 75:16 78:24 82:22 106:2 108:23 112:11 136:16 138:6 141:22 147:10 152:17 158:17 171:12 172:4 172:22 175:16 178:20 189:12 201:14 214:5 258:24 paving pj 19:4 pay [2] 13:2 98:23 payables p] 64:7 paying p] 248:6 pedal [i] 60:3 pending m 6:23 11:8 298:10 5:9 11:16 Pennsylvania [i] 23:2 People m 220:24 191:21 people [28] 36:24 52:10 55:19 86:17 105:20 114:1 117:11 163:12 169:10 170:1 193:7 212:9 221:3 221:6 222:12 222:16 280:18 286:4 15:6 55:18 86:18 116:14 168:14 189:20 220:12 221:8 258:6 289:8 per pi 217:11 percent pj 68:2 75:24 139:15 perception p] 244:3 Index Page 17 William Cotton vs. A.P. Green Performance [i] 61:16 performance [i3] 19:4 43:21 43:22 62:3 62:3 62:7 62:8 65:21 69:5 121:17 144:7 156:4 156:4 Perhaps [i] 233:7 perhaps [S] 67:10 81:24 135:2 181:14 263:22 period [10] 78:12 130:6 140:14 165:1 166:9 223:21 249:15 256:23 256:23 293:20 permanent [i] 32:8 permissible [3] 217:6 232:19 265:9 person [12] 8:21 100:23 104:6 106 6 106:11 106:24 114 10 114:11 117:17 155 5 211:21 258:1 personal [i9j 20:5 20:11 27:7 39:3 65:19 91:19 215:9 215:15 215:21 218:9 221:16 224:12 228:11 231:6 242:5 247:16 248:24 253:13 282:9 personally [is] 37:20 37:22 149:15 150:5 180:6 181:12 182:5 216:4 218:21 227:19 236:18 271:17 291:17 298:8 299:7 personnel [2] 43:4 250:10 persons [4] ll:2 14:22 231:19 283:18 pertained [i] 189:23 pertaining [2] 1:15 277:12 Peter [i] 33:23 Pcterbilts [ij 56:3 phase [i] 218:17 pheasant [5] 51:19 51:19 51:22 51:23 51:24 phenolic [ij 33:9 phone m 17:10 17:10 54:12 photo [8] 172:8 173:3 176:3 176:9 204:23 170:24 173:10 189:11 photograph [1] 172:17 photographs [8] 188:21 194:8 194:11 194:13 194:15 194:23 194:24 196:12 photOS [11] 170:17 172:16 173:2 173:6 175:6 175:9 175:13 176:24 177:10 189:7 202:2! physical [3] 222:22 252:7 274:20 physicals [4] 212:10 223:3 223 274:18 pick [5] 161 162:23 172 162:21 174:2 picking [2] 163:1 picks [l] 162:18 198:4 picture [i4] 56:16 171:2 172:20 177:22 178:9 181:8 189:19 201:17 201:19 202:6 203:6 203:8 203:12 203:14 pictures [6] 170:15 170:16 170:21 170:22 175:8 178:22 piece [3)45:8 52:11 280:13 pieces [4] 47:18 160:6 201:23 202:7 pipe [4] 139:6 139:8 188:9 205:3 place [26] 78:3 80:18 82:7 85:13 98:17 107:15 112:18 115:1 133:8 143:3 148:7 176:6 198:16 200:6 261:1 264:5 279:12 73 21 81 16 85 17 110:19 131:24 147:8 178:20 228:14 275:8 placed [2] 232:24 229:4 places [3] 34:21 37:15 117:12 plaintiff [i] 5:14 plaintiff's [2] 6:19 14:14 Plaintiffs [4] 1:6 2:9 297:5 298:12 plaintiffs [3] 5:24 10:17 14:23 |plank[i] 146:10 planning [i] 196:6 plans [i] 34:13 plant [i3] 26:12 31:23 111:7 171:6 189:12 189:18 191:23 194:18 19:4 52:13 172:4 190:5 212:11 I plants [3] 31:24 42:24 84:2 plastic [2] 33:10 33:9 plate [3] 47:10 47:14 123:7 plates [ij 70:8 player [i] 76:2 playing [i] 13:8 Plaza [4j 3:4 85:16 85:17 85:20 BENUSKA REPORTING (630) 834-7828 Multi-Page TM pleasantly [l] 114:7 pleasure pi ; 8:19 plugs [l] 131:15 pneumatic [2j 270:9 270:14 point ps] 24:11 93:18 103:9 103:11 103:21 104:3 145:10 146:17 156:14 156:17 171:21 180:2 187:23 200:5 200:16 211:14 211:21 238:18 247:17 254:12 263:12 268:18 271:2 271:7 274:23 poles [ij 30: 7 Pond [i4] 91 10 91:11 92:9 99 13 99:16 102:12 103:16 103:17 103:18 103:21 103:24 104:8 105:6 106:20 popular [i] 74:12 Porcelain [i] 27:21 pose [2] 190:15 191:6 position [is] 24:1 24:21 25:7 25:17 29:4 30:17 40:21 99:19 102:12 104:4 104:14 104:23 105:13 106:24 211:3 237:1 265:18 268:13 positions [3] 100:16 105:9 105:16 possible [i] 269:10 possibly [i] 172:9 potency [i] 241:18 potential [9] 208:7 208:14 210:22 215:1 215:5 216:11 222:13 222:18 271:12 potentially [2] 268:2 268:10 pound [2] 62:16 60:17 Power [ii 188:5 power [3] 47:21 55:4 55:5 practice [3] 152:9 270:13 270:23 practices [l] 217:19 preceded [i] 50:9 precipitated [4] 24:5 219:14 222:9 275:16 precise [i] 176:19 Precision [ij 9:5 predating [i] 49:22 predecessor [6] 50:5 50:7 119:16 179:19 180:6 240:14 predetermined [2] 174:12 176:19 predominant pi 122:21 Performance - product Carl Liggett, 8-15-02 predominantly [2] 56:11 57:24 preemployment [i] 274:20 preexisted [l] 216:16 preexisting [i] 133:17 prefix [ij 7:12 preform [i] 142:11 preliminary [i] 182:7 premises [i] 77:14 premium [i] 121:23 preparation [2] 13:16 13:22 prepare [3] 117.13 117:21 218:16 prepared [9] 116:8 172:22 241:11 281:1 281:3 281:12 292:10 292:19 292:22 preparing [l] 15:4 presence [i] 298:21 present [8j 5:6 13:20 234:12 234:14 245:12 246:16 268:19 282:3 presented [5] 14:13 234:16 234:22 235:18 235:23 presenting [i] 282:21 presently]!) 6:23 preset [ij 146:23 president [27] 26:11 27:1 27:11 27:18 28:14 91:8 92:10 92:12 92:13 92:21 92:24 99:6 99:7 99:10 99:13 99:22 100:1 100:20 100:22 103:1 103:22 104:20 105:7 106:13 112:21 231:22 276:17 press [l] 202:4 pressure [2] 268:23 144:21 presume [3] 168:22 197:11 241:12 presuming [2] 133:17 180:5 Pretty [i] 192:22 pretty [io] 80:16 87:17 98:16 113:6 116:1 182:12 205:8 207:20 214:11 259:4 previous [2j 30:23 138:22 previously [4] 107:7 107:11 107:24 191:23 Primarily [3] 77:7 118:10 134:20 primarily [9] 35:22 52:8 55:24 68:15 71:24 73:10 79:24 128:7 164:20 primary [sj 80:3 119:3 131:23 213:13 276:19 principal [ij 236:10 principally [i] 133:11 print [i] 110:22 printed [4] 154:17 226:7 280:3 280:17 printer [i] 110:22 printing [ij 267:11 privately-owned [i] 34:5 privy [3] 228:24 229:14 291:10 problem [5] 166:8 166:17 220:24 285:17 287:20 problems [i4] 113:1 212:13 241:8 282:4 282:22 286:13 286:20 287:7 289:8 289:21 290:18 291:1 293:8 294:8 Procedure [i] 1:14 procedure [21 204:17 257:13 procedures [2] 98:17 266:12 proceed [2] 257:13 8:4 proceedings [3] 18:10 148:12 207:22 process [3i] 35:14 36:1 56:17 78:13 108:2 112:17 114:19 142:12 143:3 143:22 144:9 148:2 148:3 158:16 170:16 171:5 171:17 173:7 175:20 177:15 178:20 194:19 196:7 204:22 219:5 254:8 256:8 263:18 264:20 279:8 288:3 processes [12] 37:2 89:21 196:1 216:21 249:12 263:4 270:11 289:9 23:6 177:1 242:2 265:14 Procter [ii] 23:10 24:5 38:17 38:19 209:1 209:2 210:5 22:24 38:15 208:24 209:15 produce [2] 117In4.. dn 60:14 produced [8] 7:15 66:19 69:11 111:5 299:7 7:11 67:3 148:16 product [87] 19:20 26:1 51:7 53:20 57:23 66:24 67:5 72:2 79:15 88:8 89:1 95:4 95:23 98:18 109:11 119:16 119:17 120:6 122:10 125:16 125:20 126:2 Index Page 18 William Cotton vs. A.P. Green 126:19 126:22 127:3 127:6 134:18 137:5 138:10 143:16 133:14 134:22 137:13 139:10 143:18 134:5 136:2 137:22 141:1 143:23 145:16 146:17 147:1 147:4 150:18 152:16 153:10 154:9 155:20 156:24 159:12 159:14 159:15 160:1 160:1 160:2 160:6 160:19 160:20 162:8 162:18 163:2 165:8 166:7 166:17 166:22 167:19 167:21 168:1 168:21 169:4 169:17 169:18 179:9 179:23 181:13 183:16 186:18 191:15 194:1 201:24 225:19 226:3 227:17 253:9 273:7 282:12 production pj 101:2 183:4 190:5 288:22 288:24 Products [3] 100:7 107:19 281:7 products [ii8] 11:4 36:18 41:12 42:5 44:1 44:21 46:15 46:16 47:23 48:3 48:9 48:22 52:6 55:12 64:16 64:16 65:18 65:21 68:10 73:2 76:8 77:11 78:4 82:24 9:1 37:16 43:14 45:15 47:3 48:5 49:21 56:7 65:10 65:24 73:13 77:19 83:23 84:10 88:19 95:11 95:19 97:23 111:5 118:10 118:12 118:13 119:21 120:1 120:21 121:2 121:8 121:13 121:17 122:3 122:13 127:14 133:24 137:24 139:14 140:9 141:12 142:9 143:7 144:9 148:21 150:1 151:4 151:9 152:11 152:18 152:19 154:4 156:5 158:5 158:18 159:4 160:24 165:15 167:6 169:23 174:14 183:6 183:12 187:5 188:14 190:5 190:9 190:15 190:19 193:4 193:8 194:5 210:8 214:3 214:4 225:24 227:24 228:6 229:5 229:9 233:1 236:5 236:12 237:16 238:24 243:10 246:9 246:24 248:21 263:2 263:14 273:4 277:18 286:22 287:22 290:20 290:21 290:23 Professional [i] 27:8 professional [i] 27:7 proffer [i] 7:2 proffered [2] 247:9 248:18 program pj 193:2 193:9 285:8 291:17 programs [3] 210:24 227:15 291:22 prolonged [i] 249:15 promote [i] 168:15 promotional [i] 24:16 propensities [2] 242:6 245:22 proper [3] 147:20 156:24 197:9 properly [2] 176:7 142:19 properties [ij 60:24 property [2] 97:18 207:19 proportion [i] 234:24 proposed [i] 216:22 protection [2] 266:15 266:18 protectors [i] 188:9 provide [i3] 111:2 111:3 117:17 227:20 243:7 243:19 244:1 256:9 260:1 265:14 273:19 281:15 288:13 provided [26] 62:17 66:13 66:15 76:10 116:21 118:9 129:14 131:20 135:13 150:8 157:7 165:9 167:12 179:7 186:3 188:22 194:9 214:12 220:16 229:7 235:20 243:5 258:6 259:3 261:3 273:17 provider p] 80:10 193:17 provides [i] 47:14 providing po] 47:21 109:2 116:8 117:6 244:3 244:7 257:4 261:24 262:13 266:14 proximity pj 195:23 Public [3] 1:18 298:5 299:23 public [2] 267:23 33:2 published p] 245:7 Pulaski [i] 42:12 pulled [2] 270:17 270:16 pulling [3] 181:16 186:9 186:12 pulls [l] 165:19 pulmonary [3] 223:5 223:10 223:24 pump [i] 218:9 Multi-PageTM pumps pi 221:8 punch [i] 198:20 purchase [2] 64:7 64:23 purchased [6] 56:22 132:10 136:1 140:1 182:9 292:11 purchaser p] 226:3 purchasers [i] 227:16 purchases p] 79:16 purchasing [3] 43:4 64:21 158:22 purely [11 17:3 purportedly p 288:4 purpose [i6] 26:24 30:19 51:14 52:21 88:24 155:11 190:2 192:4 195:2 198:11 26:21 40:8 67:19 155:14 194:23 270:6 Purposes pj 43:2 purposes m 5:21 50:16 61:8 156:13 217:14 219:24 234:10 pursuant [5] 1:13 6:15 298:16 1:13 6:15 pushes [21 60:5 60:4 put [53] 58:19 77:4 141:20 145:8 148:5 151:22 159:19 162:24 174:1 192:17 192:19 198:24 218:17 226:20 254:18 258:23 272:22 53:7 59:5 126:15 144:23 145:22 151:18 153:2 161:17 172:5 174:1 192:17 197:5 205:1 221:8 238:23 256:20 260:10 273:3 57:5 70:7 141:17 145:2 146:17 151:20 153:11 161:20 173:10 176:15 192:18 198:23 218:10 226:19 253:8 258:12 270:17 273:23 puts [1] 198:4 putting [ii] 156:4 170:9 176:13 177:24 201:1 226:16 262:18 125:2 170:12 178:1 259:8 -Q-__________ Q-u-e-b-e-c [i] 63:13 qualification [i] 221:5 qualified [i] 220:11 Quality pj 167:13 166:19 quality [14] 19:15 60:21 68:14 121:17 121:22 150:10 157:2 157:8 157:10 175:22 190:6 203:12 244:6 269:15 quantities p] 79:10 141:18 282:3 quarter [2] 146:2 67:12 Quebec [2] 63:13 63:12 questionnaires [i] 117:8 questions [2i] 34:17 90:10 90:20 117:16 139:12 183:9 231:2 284:19 295:9 295:12 295:22 296:2 296:5 297:15 30:13 90:11 131:19 218:1 294:23 295:15 296:4 quickly [4] 254:19 290:22 290:23 290:24 Quite [i] 114:5 quite [2 86:18 128:10 -R- R-o-l-l-a pi 34:1 rack [3] 144:23 173:24 174:3 racks [2] 203:14 203:11 raise [2] 5:19 24:17 raised p] 21:3 ran [2] 23:20 28:12 randomly p] 131:19 range p] 57:14 ranged [i] 68:2 rankpj 22:4 rate pi 201:3 rather pj 90:10 Raw[i] 56:22 raw [12] 56:23 64:10 64:17 66:15 112:14 143:7 188:9 215:6 60:18 66:13 143:3 190:4 Raybestos p] 63:19 75:18 76:4 283:5 291:3 reach [4] 48:10 58:21 77:5 200:19 reached [2] 35:24 7:9 reaching [i] 293:12 read pi] 14:21 115:14 117:22 134:2 168:11 192:12 245:6 284:23 285:14 285:15 297:10 readily [2] 262:21 reading p] ready pj 116:5 Realp] 19:22 real pj 45.10 262:19 206:12 8:4 47:1 production - record Carl Liggett, 8-15-02 129:21 132:13 236:17 really [i4j 10:20 40:16 51:22 51:23 71:9 73:2 91:18 114:24 130:14 147:19 162:4 263:19 285:9 285:22 reask p] 80:11 reason [s] 28:22 88:5 105:18 149:19 282:20 reasoned p) reasons [61 69:1 105:17 160:22 277:20 rebranc [il rebranded [2] 152:3 234:14 61:12 155:23 136:3 136:2 rebranding p] 151:18 152:10 157:13 rebuild PI 123:4 55:19 rebuilder pj 93:23 134:20 145:9 147:11 164:21 164:21 rebuilders [i3j 52:8 54:3 56:13 57:18 58:2 69:12 73:16 78:20 141:21 206:11 206:13 206:17 207:2 rebuilding pj 53:21 54:2 56:18 58:18 129:2 rebuilt [is] 52:21 55:14 59:18 70:6 71:23 72:2 112:10 141:11 158:18 158:23 52:19 55:18 71:18 72:21 158:10 recalled pj 150:17 received pi 266:22 20:8 7:14 recently [2] 229:20 229:18 recipe pj 143:14 143:15 173:9 recognize [2] 149:16 162:22 recollection [8] 15:8 93:21 117:11 139:17 213:8 226:5 227:8 250:7 recommendations p] 262:2 262:6 262:9 recommended PI 114:1 216:22 record [23] 6:14 8:12 16:9 16:10 30:14 64:15 87:6 87:9 115:8 148:8 228:17 228:22 272:19 294:15 294:19 5:21 16:8 16:11 87:5 115:3 148:13 272:18 294:16 BENUSKA REPORTING (630) 834-7828 Index Page 19 William Cotton vs. A.P. Green recorded [i] 222:17 recording [i] 5:13 records [4] 64:4 97:21 98:4 98:9 recover [i] 290:24 rectangle pi 145:23 145:24 146:2 rectangular [2] 144:20 280:2 rectangular-shaped [i] 145:11 Red[ij 188:7 red [7] 262:20 280:3 280:4 280:5 280:10 280:11 280:12 rcdcposingni 7:1 redistributed [i] 151:14 redistribution [i] 151:17 reduce [ij 265:15 reduced pi 298:22 reference [2] 5:7 288:21 referenced [23 69:18 69:21 referencing [ij 207:12 referring pi 41:4 64:22 191:18 191:19 220:8 reflect [5] 20:23 166:2 229:8 242:12 258:11 reflected pi 68:12 121:18 206:19 268:7 285:18 reflecting [2] 221:21 282:2 reflects [ij 245:20 REFRACTORIES [3] 1:8 297:7 298:13 Refractories m 5:9 refresh [3j 14:10 115:22 135:2 regard [6] 207:24 241:23 247:13 263:9 267:4 279:4 regarding [9] 8:23 10:3 34:17 97:21 115:22 210:5 232:18 246:16 281:19 regional pi 86:23 Register [4] 211:18 245:2 245:6 245:19 register [l] 155:10 registering [ij 149:20 regular [i] 83:24 regulate pj 274:13 regulated p] 217:7 regulating pj 233:19 regulation [S] 211:1 226:6 226:10 260:11 265:5 regulations [ss] 209:12 209:15 209:17 209:22 209:24 210:15 211:10 211:16 212:24 214:9 214:16 219:2 219:9 223:4 223:12 223:17 223:18 225:14 226:20 226:23 227:5 227:6 227:12 227:22 228:7 229:4 229:12 231:3 231:8 232:18 236:11 237:10 256:24 257:3 257:12 258:9 259:23 260:9 264:6 265:3 265:4 265:8 265:13 265:21 266:4 266:8 266:19 267:15 267:19 272:4 274:13 274:16 275:2 277:11 279:3 relate [4j 110:20 240:12 241:17 241:19 related [23] 18:3 40:4 73:9 93:12 97:23 107:23 111:18 209:17 210:16 216:5 229:1 232:14 233:18 235:3 243:15 244:4 256:17 256:22 266:8 271:24 277:5 286:20 299:13 relates [4] 184:8 241:14 250:11 252:16 relating p] 241:2 relation [2] 19:3 10:4 relationship [is] 11:19 12:24 17:5 27:2 81:3 81:11 96:10 96:12 96:14 107:20 107:22 107:23 109:4 193:23 252:2 relatively [2] 146:18 195:3 relayed [4j 110:11 110:14 275:24 282:6 release [51 190:10 266:9 278:2 278:12 281:20 released [2] 255:4 254:23 relevance [2] 166:6 167:15 relevant [4] 39:11 207:22 248:9 269:1 relocated pi 51:21 52:2 180:17 51:3 82:22 relocation p] 51:15 remain PI 107:15 remained p] 112:18 remaining p] 110:14 remanufacture [i] 58:3 remanufactured [ij 59:2 BENUSKA REPORTING (630) 834-7828 Multi-Page remember [20] 15:5 16:15 23:13 31:8 68:8 93:2 97:15 100:21 113:17 115:18 121:5 123:11 135:3 136:19 153:16 204:20 211:15 230:4 236:21 236:23 remind FI 282:11 removal [3] 263:4 270:10 272:5 remove [4] 52:11 174:14 192:23 289:13 render pj 241:17 rented p] 97:19 reordering pi 108:2 rep m 247:19 repair [9] 72:7 110:5 130:18 130:22 156:17 159:20 192:23 268:1 268:8 repairs [2] 269:18 72:9 repeat p] 295:20 rephrase pj 295:20 replace [7] 59:18 111:12 128:11 131:1 139:5 139:7 192:23 replaced [4] 59:14 128:10 161:10 161:23 replacement [21] 45:18 74:22 108:5 111:18 123:9 126:4 126:9 131:4 131:13 156:6 156:13 156:21 156:24 157:16 157:17 157:21 158:1 158:2 158:23 160:16 161:2 replacing m 129:1 129:2 169:16 replenish [2] 84:18 85:24 replenished [3] 86:5 109:21 129:21 replenishment [i9] 80:24 81:1 81:6 81:8 83:22 84:5 108:5 108:8 108:15 108:18 109:15 110:1 110:20 110:21 111:1 111:6 111:15 112:9 159:21 report [isj 27:13 33:20 33:21 100:15 103:18 104:11 104:18 106:5 106:13 106:20 111:22 220:19 281:8 281:10 281:19 reported [29] 80:22 83:22 100:17 100:24 101:1 101:8 102:4 102:7 102:11 102:20 103:13 104:19 105:5 102:9 102:12 102:21 103:20 104:19 105:11 102:10 102:16 102:23 104:8 105:3 106:15 I recorded - restroom Carl Liggett, 8-15-02 107:1 108:18 110:8 298:20 REPORTER pi 5:17 Reporter pj 1:17 298:5 299:23 reporter [ij 5:15 Reporting pi 5:18 reporting pi 105:10 reports pj 110:21 220:16 268:6 repository [4] 64:8 65:3 65:4 85:2 represent pi 177:3 177:4 178:19 189:10 194:12 194:17 representative pi] 90:8 146:18 169:21 181:10 215:10 215:17 247:10 247:24 248:12 261:10 285:3 representatives p3j 12:11 193:12 213:18 224:20 231:1 231:7 244:11 263:11 271:2 283:19 284:13 293:24 294:6 Representing pj 2:9 2:21 3:7 3:14 3:22 representing pi 12:20 reproduced pi 299:10 reputation pi 163:19 163:20 request [4] 5:14 9:16 237:24 243:18 requested pj 10:14 11:11 11:17 requests pi 111:1 117:18 117:20 117:23 118:7 required pi 142:17 223:5 226:20 232:24 258:12 272:4 279:3 requirement [2] 225:15 249:24 requirements p] 226:11 requiring pi 223:18 258:4 research pj 65:13 95:11 235:15 235:17 237:20 244:14 289:6 reserve pi 7:19 6:15 residential p] 30:8 residue pj 268:19 270:15 270:16 resigned p] 27:3 resin pj 143:13 144:10 148:2 167:20 254:10 Resin-based [i] 148:4 resin-based [5] 144:2 144:4 144:6 167:8204:4 Resins [il 57:3 resins [5j 60:10 67:16 190:23 191:4 202:17 resold pi 136:1 151:20 resources [ij 191:24 respect [73] 6:20 7:9 7:14 13:21 14:5 15:3 38:4 40:3 40:6 45:10 47:22 49:5 56:6 59:22 60:20 61:2 76:6 79:22 89:24 90:4 90:14 90:19 91:19 95:19 96:4 97:6 98:16 98:23 99:2 103:3 118:15 127:22 132:18 133:14 139:13 142:2 144:8 157:6 164:2 183:23 190:9 190:13 206:17 208:4 209:12 209:21 210:15 212:19 216:10 220:20 228:7 231:11 233:6 237:4 248:13 248:24 250:17 250:19 250:23 251:12 252:18 252:24 253:3 262:7 263:1 263:3 264:19 265:9 269:4 272:23 279:13 290:4 293:15 respects [ij 235:2 93:20 respiratory pj 266:15 266:18 respond pi 81:1 117:18 response pj 117:7 224:5 247:9 256:17 260:18 265:12 265:13 275:5 275:11 responses pi 182:6 214:23 Responsibilities pi 32:22 responsibilities [S] 23:18 86:11 86:15 247:12 253:14 responsibility [sj 25:10 32:23 246:19 276:19 299:9 responsible [2] 25:2 232:9 rest[4] 156:18 255:12 272:13 289:3 restrict [i] 265:22 restricting [3) 101:16 293:8 293:9 restrictions [ij 293:1 restrictive m 271:23 restroom [2j 33:2 33:4 Index Page 20 T William Cotton vs. A.P. Green result [6i 11:3 17:9 18:4 25:24 110:3 289:21 resulted [i] 295:15 resume [21 20:22 20:15 retail [3] 45:17 134:18 269:18 retailers [2j 205:21 127:20 retain [3] 25:17 29:21 30:17 retained [6] 32:8 41:22 91:20 188:2 188:14 219:24 retainer [i] 11:22 retired [il 91:16 retrospect m 294:24 return [3] 114:7 123:6 200:11 reverse m 153:5 review [4] 13:21 14:21 115:11 288:6 reviewed [ioj 14:3 14:9 14:12 15:3 16:14 115:19 115:22 229:18 229:19 229:22 reviewing [ij 15:5 revised [i] 256:4 Rick [3] 100:3 102:11 105:8 Right [2oj 54:23 63:14 63:15 77:3 101:21 103:5 105:4 126:6 159:22 161:11 161:14 163:14 163:22 183:14 190:22 246:21 247:22 273:13 280:9 287:23 right [45] 5:19 15:16 28:5 36:19 42:7 42:19 43:12 75:9 75:18 100:12 101:10 102:2 103:14 108:6 108:21 112:24 125:12 125:14 136:4 141:8 141:24 142:5 145:14 148:18 161:20 161:21 161:24 162:3 162:9 163:16 164:19 167:11 168:23 175:23 177:22 204:7 205:14 230:23 267:10 277:15 277:24 280:8 281:4 290:12 290:20 right-hand [ij 176:1 rigid [ij 145:19 rim [2] 184:10 184:11 rimsp) 184:20 ring [i] 205:24 risk [8] 190:16 191:6 223:6 235:10 242:24 243:9 245:13 249:19 rivet [9] 172:12 177:16 177:17 177:18 198:18 198:23 198:24 199:1 204:1 riveted [4] 171:10 176:8 197:23 201:21 riveting [4] 171:11 177:5 177:15 204:2 rivets [5] 176:6 177:19 198:12 198:15 198:21 Road [3] 1:19 5:7 298:9 road[i] 201:1 Roebuck [4] 253:3 276:13 281:2 284:20 Rogers [49] 27:10 92:9 92:13 92:18 92:23 99:5 99:7 99:9 100:4 100:21 101:8 101:12 101:23 102:7 102:9 102:16 102:19 102:20 102:20 103:12 103:19 104:6 104:10 104:18 104:18 104:22 105:10 105:11 106:11 106:16 106:19 112:23 113:1 113:4 113:19 113:22 113:23 114:7 114:10 231:21 231:22 257:8 257:10 257:19 257:24 259:17 259:21 260:13 274:4 Rogers' [i] 104:4 role [3] 225:2 247:2 283:11 roles [l] 231:20 roll [2] 144:22 145:1 Rolla [i] 33:23 Rolodex [i] 54:10 room [i] 20:18 Rose[i] 5:17 ROSELIND [ij 299:22 Roselind [3] 1:16 297:12 298:4 Rotary [2] 188:7 188:5 rotary [S] 179:7 181:9 187:5 187:11 187:22 rotate [i] 254:19 rotations [i] 22:17 rotor [3] 47:11 199:3 199:24 rotors [i] 129:1 round [2] 205:3 144:16 routine m 72:9 rub [l] 47:20 rubber [i] 123:4 rubs [2] 47:7 47:11 Rules [i] 1:14 rules [i] 6:15 rumors [i] 29:3 run [2] 109:17 218:11 BENUSKA REPORTING (630) 834-7828 Multi-PageTM Runnings] 26:14 running [i] 172:6 RUNYAN m 2:8 Runyan [i] 5:24 rusted m 53:4 -S- S[11 4:8 S [2J 297:17 297:18 S-40 [4] 167:14 167:14 167:19 167:24 S-e-i-g-l-e-r[i] 75:12 S-h-e-r-r[i] 230:9 S-t-e-i-n-m-e-t-z [i] 15:18 S-t-i-e-n-m-e-t-z [i] 15:12 S-y-n-c-r-o [i] 138:4 Saco[i] 46:2 Safety PI 267:22 233:11 safety [3] 212:3 217:19 283:15 Saftibond m 138:20 Saftigrip [4] 120:20 121:10 121:11 136:24 SAITH PI sale [i2] 25:24 57:16 57:17 83:22 98:16 110:3 150:3 193:24 296:10 30:23 60:14 99:14 191:15 sales [2i] 15:6 32:23 54:16 54:17 64:10 64:16 74:18 86:17 88:6 104:7 128:2 168:13 168:15 169:21 179:2 192:15 192:20 193:12 225:9 232:8 253:15 salesman [2] 287:9 287:19 sample PI sampled [i] 218:3 221:1 sampling [i7] 210:24 213:24 214:8 214:14 218:8 219:14 219:18 219:21 220:1 220:6 220:12 220:21 220:23 221:14 221:21 225:4 254:24 samplings [2] 220:17 222:10 sanding [2] 147:17 142:23 satisfied [2] 244:6 244:19 save [i] 255:13 Savers [1] 188:3 saw [2] 145:2 202:14 saws [4] 202:8 202:10 202:10 202:11 result - send Carl Liggett, 8-15-02 says [19] 163:4 178:3 178:14 179:8 181:16 185:13 207:6 260:5 260:15 260:15 278:2 278:10 278:11 278:15 278:17 278:18 285:23 286:2 286:9 scales iPI 98:23 scare [1] 234:23 scattered m 54:4 scenario [i] 162:17 schedule [i] 111:7 school [21 21:6 21:5 scientific [3] 237:20 238:2 252:1 Scored [il 199:6 scored [2] 199:5 199:4 scratched [i] 199:6 screw [i] 139:6 screwed [ij 139:8 167:12 167:14 167:17 168:12 168:20 170:1 170:12 170:17 170:22 171:2 172:3 193:7 193:10 193:13 193:16 194:5 204:18 206:8 230:22 231:1 231:2 231:7 231:11 231:14 232:9 253:3 253:7 253:11 253:23 254:2 254:2 255:6 255:8 256:1 256:7 256:13 256:17 256:22 257:5 257:12 259:7 259:14 260:2 260:19 261:18 263:11 264:5 264:15 271:3 271:5 271:19 272:23 273:4 273:18 276:12 276:19 277:6 277:10 277:24 279:5 279:12 279:15 279:18 280:8 281:2 281:16 282:14 284:20 285:1 285:2 286:18 287:6 287:8 287:10 287:18 seal [i] 299:17 Sealy [i6] 231:21 232:6 232:7 232:8 274:6 276:15 276:16 277:9 277:22 278:4 278:7 278:11 278:20 279:5 282:13 284:21 Sealy'!3 [11 279:9 search [21 32:1 28:1 Scars [178] 72:1 72:1 72:3 72:4 73:4 76:7 76:7 76:17 76:22 77:6 77:9 78:9 78:14 79:22 80:10 80:15 80:19 80:22 81:11 82:23 83:4 83:7 83:16 84:4 84:9 84:15 84:18 84:21 84:24 85:3 85:6 85:21 86:6 87:14 107:14 107:21 107:22 107:23 108:2 108:12 108:18 109:11 109:16 110:1 110:5 110:6 110:7 110:8 110:20 110:22 111:10 112:9 112:14 122:23 124:4 127:14 127:23 128:2 128:5 128:7 128:11 128:16 128:20 129:11 129:13 130:3 130:10 130:13 130:14 130:18 130:23 134:19 159:5 159:9 159:12 159:15 159:20 159:24 160:2 160:9 160:12 160:14 160:15 160:17 160:22 161:2 161:8 161:9 161:12 162:8 162:22 163:7 163:7 163:8 163:11 163:13 163:20 163:23 164:4 164:11 164:24 165:11 165:15 Sears' m 253:18 seats [i] 35:22 second [41 61:16 101:3 196:24 285:14 sections [4] 146:10 146:12 147:14 194:18 sector [i] 134:19 sedan [i] 62:15 see [i9] 22:11 114:7 116:20 155:19 156:15 178:7 179:12 181:13 190:15 197:3 200:4 201:3 202:21 221:20 260:12 275:7 278:7 282:15 292:3 seeing [4] 189:21 230:1 277:7 291:21 seek [2] 31:16 114:14 seeking [3] 28:1 31:24 117:21 seem [2] 168:3 195:3 segment [i] 174:22 segments [3] 145:3 145:4 178:7 segregate [i] 110:24 Seigler[5j 153:19 153:21 154:3 Selikoff [2] 240:10 75:5 154:1 240:7 sell [it] 45:18 52:15 52:16 52:17 57:20 75:1 125:17 129:13 148:22 157:20 158:23 seller [ij 88:20 selling [51 52:21 78:23 153:24 158:9 271:19 sellout PI 30:22 send [7] 108:14 111:4 111:6 111:13 111:17 Index Page 21 T William Cotton vs. A.P. Green 218:14 221:8 sending m 112:9 sent [13] 84:7 84:12 115:19 168:14 211:17 212:9 213:20 220:11 257:10 259:5 259:9 260:2 267:7 sentence [ij 278:13 separate [7] 47:18 85:15 151:3 151:3 separated [2] 196:2 40:14 111:12 283:6 82:21 separately [3] 48:20 73:1 73:6 sequential [2] 168:6 179:6 sequentially [2] 150:9 205:10 scries [3] 188:21 194:10 194:23 serious [i] 228:8 Service m 72:8 110:7 110:8 159:9 199:12 263:11 287:10 service [9] 22:9 78:16 124:5 128:10 130:6 167:21 263:10 269:24 271:1 serviced [i] 78:19 services [3] 109:2 248:6 281:7 set [li] 59:2 73:13 97:4 164:24 176:20 189:1 194:8 205:11 217:10 254:17 299:16 set-up [i] 84:10 sets [6] 77:16 122:20 122:22 175:6 207:4 234:14 setting [2] 238:12 74:21 setup [i] 130:3 setups [i] 130:24 several [S] 118:22 134:24 198:2 208:16 246:21 severe [i] shafts [i] 265:8 135:22 shape [4] 144:17 144:19 159:23 197:13 shapedm 142:13 shaping [i] 147:8 share [3] 33:19 75:20 258:2 shared [2] 195:18 70:11 shareholder [ij 91:2 sharing [2] 194:4 194:3 sheet [3] 28:20 297:17 297:18 shelf [2] 84:16 162:18 Shenute m 22:16 Sherry] 230:9 230:10 230:12 255:17 256:1 ship [3] 80:9 81:2 83:6 shipments [4] 77:8 79:9 79:20 231:13 shipped [i2] 78:6 79:2 84:17 141:13 141:21 145:8 154:7 258:24 261:18 273:4 273:18 279:14 Shock [i] 42:9 shock [i3] 42:4 42:21 43:6 45:11 77:8 83:7 84:10 94:22 110:15 111:6 111:13 133:17 135:21 Shocks m shocks [5] 83:23 85:22 172:7 131:10 83:16 133:7 Shoe [2] 200:7 281:1 shoe [5oj47:6 47:6 47:19 47:20 52:14 52:23 53:1 53:4 53:6 53:10 53:14 58:9 60:3 60:5 61:22 83:19 84:11 109:12 142:8 142:9 142:16 146:19 147:20 154:19 156:1 159:6 160:15 164:4 164:5 171:10 171:12 176:1 176:4 176:5 176:7 176:15 176:16 176:17 177:12 177:20 178:11 197:15 198:13 198:14 200:5 204:2 254:18 263:20 269:17 270:1 Shoes [i] 167:14 shoes [43j 9:1 36:11 36:16 41:8 52:11 52:20 52:22 53:7 59:2 70:7 85:23 109:16 110:10 123:2 123:3 124:2 125:10 126:4 126:8 128:10 128:12 128:22 129:1 142:19 161:9 162:21 164:2 164:10 164:17 169:13 169:16 179:24 193:18 198:16 246:9 254:3 270:1 270:5 270:18 271:24 277:24 282:2 289:14 Shop [i] 281:1 Shops [7] 72:14 110:6 110:6 128:8 254:4 270:1 270:9 Short [i] 16:7 short [2] 78:12 146:7 Shorthand [3] 1:17 298:4 299:23 show [14] 126:10 168:4 171:7 173:20 Multi-PageTM 175:7 177:6 177:10 179:13 181:8 189:1 193:3 196:12 199:19 280:17 showed [7] 110:21 143:11 174:15 177:23 204:18 219:8 235:8 showing [i] 165:20 Shows [1] 200:3 shows [8] 173:3 173:10 177:5 177:7 177:7 201:10 201:13 242:23 shut[i] 174:11 sickness [S] 11:6 222:18 235:10 240:12 287:10 side [4] 97:23 177:9 199:1 204:16 signature m 299:2 signed [4] 118:1 118:3 118:5 299:6 significant [6] 99:4 236:16 238:16 240:16 242:14 251:18 signs [l] 222:24 Silvertip [2] 121:12 137:10 similar [i3] 9:19 18:3 47:16 52:12 55:13 67:14 130:4 130:23 145:13 181:7 227:10 234:22 237:7 similarly [i] 55:1 simplified [i] 80:16 simultaneously [i] 85:9 sister [i] 34:9 site [2] 77:18 77:22 sits [l] 249:2 sitting^] 294:3 situation [2] 129:19 153:23 six [i] 23:20 size [3] 105:24 158:14 174:22 Skelton [3] 141:6 225:1 225:12 Skelton's [i] 225:2 skid [i] 57:6 skipping [i] 289:3 slabs [2] 201:22 202:7 Slawomirp] 5:1 slide [i] 188:24 slightly [i] 216:19 small [4] 54:3 55:15 62:14 191:10 smaller [2] 79:10 55:14 Smith [9] 179:14 179:15 179:16 179:22 180:3 180:5 181:3 183:6 188:13 sending -.standpoint Carl Liggett, 8-15-02 Smithville [i] 26:12 smoker [i] 249:16 smoking [5] 249:24 250:4 250:11 250:21 252:19 smooth [i] 199:10 social [3] 17:3 17:4 17:7 socially m 17:7 sold [33] 28:24 29:5 42:15 45:15 48:6 52:8 55:16 56:8 58:18 58:19 73:15 80:23 84:10 84:19 85:22 107:18 108:11 118:16 129:5 132:15 134:18 135:9 136:6 141:10 159:10 161:1 163:23 164:11 164:17 164:20 164:24 258:18 260:18 solid [l] 33:9 solvent [2] 205:6 205:6 someone [7] 102:11 103:13 104:19 128:9 155:17 157:14 221:9 sometimes [2] 128:16 162:15 somewhat [4] 123:8 181:10 205:20 271:23 Somewhere [l] 30:3 somewhere [3] 92:17 171:15 255:11 sophisticated [2] 158:11 191:10 sophistication [i] 191:24 sorry [6] 101:18 137:24 144:12 273:10 288:16 289:15 sort [6] 88:22 136:8 153:8 177:16 191:6 215:13 sound [i] 182:12 source [6] 64:17 76:11 136:9 152:1 213:1 257:7 sourced m 74:14 sources [S] 62:19 136:5 151:24 243:20 246:21 space [3] 83:1 97:19 195:18 spark [i] 131:15 speak [6] 36:17 91:22 129:22 267:9 279:9 285:10 speakers m 236:21 speaks [2] 278:6 277:21 specific [9] 138:10 157:7 232:16 241:5 279:13 285:9 137:22 207:24 262:14 specifically pi 101:9 209:8 273:22 specifications [3] 60:20 65:9 201:6 specificity [ij 208:13 Specifics m 138:14 138:18 specifics [ij 286:2 specs [i] 143:8 speculation [i] 204:12 speed [2] 255:12 206:7 speeds [i] 201:2 spell [3] 15:11 25:15 75:11 Spelling [ij 33:24 spend [4j 192:8 196:10 265:19 285:4 spindle [l] 201:20 spoke [ij 172:2 spoken [2] 17:1 16:23 sponsored [ij 236:4 spools [1] 202:22 sports [2] 62:14 62:6 spread [i] 176:15 spring [2] 135:21 126:9 springs [io] 58:10 123:5 123:6 123:6 128:13 129:3 200:5 200:6 200:11 200:12 spun [i] 203:4 square m 144:18 144:19 198:1 200:9 204:6 204:10 204:13 squeeze [i] 144:15 SS[2j 138:12 298:2 stable [i i 29:2 stack [5] 171:8 172:12 173:22 197:24 198:2 stacked [i] 172:13 stacks [ij 198:3 stadium [i] 30:9 Stage [2] 145:16 196:7 stainless [i] 33:9 stamped [2] 171:2 7:12 stand [i] 262:21 Standard [i] 155:9 Standards [8] 224:21 276:1 284:3 284:7 291:23 224:10 283:10 284:15 standards [3] 233:9 293:3 293:10 standing [i] 174:9 standpoint [i3] 34:22 91:1 96:4 112:10 155:21 156:6 156:21 165:4 216:8 221:5 BENUSKA REPORTING (630) 834-7828 Index Page 22 William Cotton vs. A.P. Green 238:3 252:1 254:24 standstill [i] 31:1 start [2] 116:1 started [io] 48:24 49:3 104:17 223:3 257:4 261:8 174:21 36:6 103:8 226:16 261:17 starting [i] 103:23 STATE [i] 298:1 State [3] 1:19 243:12 298:6 state [ii] 8:12 49:12 195:24 205:11 205:20 205:21 206:3 206:4 206:10 207:9 253:13 statement [3] 59:21 182:8 259:22 statements [i] 268:16 States [ii] 54:5 73:16 89:2 95:14 149:3 149:5 150:4 1:14 88:16 96:1 150:1 states [2] 297:15 182:8 stating [i] 256:6 station [3] 59:4 59:6 130:22 stationed [i] 22:15 stations [2] 269:24 52:19 statistically [i] 242:14 status [i] 215:10 Stay [3] 26:6 32:2 98:17 stayed [5] 65:1 88:8 98:24 25:22 98:5 Steel [5] 19:15 27:21 33:9 47:9 174:21 Steep [1] 57:10 Steinmein [i] 15:14 Steinmetz [4] 15:15 15:17 16:15 16:23 stenographically [i] 298:20 Sterling [7j 28:16 28:19 28:23 29:12 29:18 29:22 30:20 Steve [i] 141:6 stick [2] 145:7 205:2 sticks [i] 141:19 Stienmctz [i] 15:10 stiff [i] 145:21 Still [i] 23:10 Still [27] 11:8 17:12 24:14 28:3 36:15 74:2 91:11 91:12 91:13 106:15 107:6 107:16 108:20 109:17 109:19 112:8 115:17 124:10 124:13 133:20 145:16 145:20 146:16 147:7 156:10 259:14 285:5 stipend m 11:23 stipulation [i] 8:1 Stock [5] 76:12 129:18 129:20 129:23 129:24 stocking [i] 193:24 Stop [2] 138:23 138:24 Stop [8] 47:7 47:11 57:7 59:10 155:18 174:23 175:5 201:3 stopping [3] 47:21 57:8 57:8 stops [l] 60:7 storage [i] Store [8] 52:18 77:9 80:19 85:10 110:22 stores [i7] 78:9 78:14 80:10 80:15 193:13 194:6 231:14 259:10 277:6 277:24 279:18 stories [i] Story [i] 85:2 76:13 84:24 161:9 72:4 78:16 164:11 230:22 273:18 279:15 51:16 167:13 story [i] 238:10 straight [i] 84:18 strange [i] 31:17 Street [2] 30:9 3:18 street [2] 69:22 30:8 stretch [i] 272:15 Strictly [i] 206:12 strictly [i] 123:2 strike [2] 250:12 107:21 stripes [3] 176:13 177:8 178:8 strong [i] 250:2 stronger [2] 262:14 262:1 structure [3] 96:24 100:19 105:19 structured [i] 96:7 studies [ii] 214:13 214:14 223:11 235:8 236:1 240:11 242:12 242:12 243:24 267:22 268:5 study [3] 283:8 283:20 284:6 Stuff [6] 33:4 33:6 59:17 151:18 184:1 186:22 Style [2] 10:21 114:14 subject [2j 289:5 124:13 SUBSCRIBED [i] 297:22 Multi-Page1 subsidiaries m 89:19 subsidiary [2] 88:22 151:3 subsidized [i] 236:7 substantive [i] 114:23 substitutes [3] 290:1 290:14 290:19 suburb [i] 8:17 success [4] 125:22 290:14 290:17 290:19 successful [2] 125:19 290:1 successor [2] 88:9 240:14 SUCh [23] 13:23 15:4 84:16 98:10 106:11 146:20 158:3 185:22 191:14 225:23 227:9 240:23 243:4 246:9 259:8 261:22 262:20 268:16 273:2 284:9 284:13 287:7 290:5 sudden [i] 295:3 sued[i] 31:1 suffering [2] 11:2 287:20 suggested [3] 216:19 217:2 217:6 suing [i] 20:1 suit [X] 299:13 suitable [i] 69:6 Suite [3] 2:18 3:11 3:19 summary [i] 208:23 supervise [2] 35:19 220:13 supervising [2] 37:22 40:6 supervisor [i] 231:23 supervisors [i] 101:1 supplied [i] 60:15 supplier [2] 202:19 136:7 suppliers [4] 74:15 75:3 266:23 294:7 supply [lj 59:1 supplying [i] 187:9 surface [3] 52:15 197:5 197:9 surfaces [i] 27:22 surprised [i] 114:7 suspension [i] 136:10 swear [i] 5:16 switched [i] 273:12 SWORN [i] 297:22 Sworn [i] 5:20 sworn [2j 298:17 8:8 Syncro [ij 138:4 syndication [i] 292:9 standstill - thoroughly Carl Liggett, 8-15-02 synergistic [2] 250:3 252:24 system [32] 43:9 43:14 44:1 45:7 48:12 48:16 52:5 54:20 54:22 54:24 55:11 70:22 73:7 76:15 83:22 84:1 84:4 84:5 84:9 84:22 87:13 87:15 94:22 108:8 108:19 109:10 109:17 109:23 110:9 128:18 202:2 247:5 systems [is] 42:4 43:8 43:16 44:7 44:18 48:14 58:20 73:13 77:16 78:3 83:7 83:18 109:15 110:16 130:19 133:18 169:24 264:5 -T- T[i] 4:8 T&N [2] 92:1 95:17 T-h-e-t[i] 63:6 T-h-e-t-f-o-r-d [i] 63:7 tables [l] 294:3 takes [5] 31:7 32:4 34:11 144:13 156:8 taking [7] 1:15 9:10 73:21 82:7 104:4 205:7 298:15 Talks [l] 277:14 talks [3] 168:21 170:21 286:1 tape [6] 115:2 115:6 228:15 228:16 228:20 296:9 team [2] 23:3 23:4 tear [2] 53:5 126:11 technical [3] 213:2 233:8 281:6 technician [i] 5:2 206:4 206:6 282:12 tens [i] 204:9 tenure 12] 22:20 28:10 29:24 113:9 126:17 134:12 134:14 137:7 138:14 138:18 149:24 205:15 term[i] 239:16 terms [21 ] 10:10 10:18 12:21 17:1 24:17 64:15 74:17 78:5 98:18 143:12 165:8 166:6 237:19 269:19 9:23 12:17 20:23 67:15 96:24 163:18 195:12 test [io] 174:16 190:4 190:4 195:21 200:23 201:11 201:13 201:13 214:13 264:24 tested [2] 191:3 65:20 Testified [i] 153:18 testified [8j 8:8 10:6 153:15 183:1 222:1 264:10 264:21 282:23 testify 71 12:4 14:5 241:12 241:22 248:7 260:12 298:17 testifying [ij 247:6 TESTIMONY [i] 299:16 testimony [io] 7:2 71:2 87:20 95:16 115:12 116:9 140:2 150:12 298:19 298:24 testing [HI 191:12 213:2 221:7 225:3 225:5 225:6 283:1 190:8 216:18 225:4 255:8 tests [3] 190:13 218:22 219:7 TEXAS [2] 297:2 1:2 Technologies [6] 28:16 28:19 28:23 29:12 29:19 29:22 Texas [5] 2:19 3:12 298:11 2:5 5:10 technology [l] 158:12 television [i] 292:9 telling [5] 83:8 148:1 244:12 244:17 271:9 textile [3] 239:4 239:4 239:24 Thank [3] 274:7 295:24 296:6 thank [i] 272:17 Tells [l] 175:3 tells [2] 175:1 175:4 temperature [i] 209:7 tend[i] 268:15 tended [i] 126:10 Tennessee [i9] 21:4 21:8 31:15 43:11 83:3 24:9 40:19 46:17 83:4 26:12 42:12 48:17 84:8 97:10 172:3 172:6 themselves [2] 165:6 191:5 thereof [i] 299:15 Thetford m 63:5 63:6 thick [2] 67:12 146:3 thin [i] 146:10 thinking [2] 117:16 101:17 third [2] 61:17 62:13 thoroughly [2] 295:7 BENUSKA REPORTING (630) 834-7828 Index Page 23 T William Cotton vs. A.P. Green 295:19 thought [u] 49:20 92:18 148:18 171:20 179:18 187:19 222:5 226:22 233:7 236:16 246:19 thousands [2] 203:21 204:10 Three [2] 29:23 25:8 three [5] 10:2 30:18 38:17 192:6 254:15 thresholds [ij 217:10 Through [i] 56:12 20:24 28:13 38:8 56:17 56:19 57:8 57:22 58:20 61:7 75:20 83:10 85:2 87:14 88:18 105:23 108:9 108:19 109:7 109:17 116:4 116:24 118:16 126:23 126:24 142:12 143:2 143:8 144:14 144:22 145:4 145:6 145:19 148:15 158:2 158:15 174:12 176:18 188:23 189:4 192:7 192:22 196:11 196:23 198:21 198:23 198:24 202:1 207:5 212:11 223:21 251:4 253:6 254:19 255:12 272:13 279:19 291:18 throughout [l] 215:14 thumb [i] 192:7 tight [i] 198:6 times [io] 10:2 17:2 29:1 29:6 78:11 219:7 9:23 19:19 44:7 254:15 tire [ij 199:20 tired p] 251:8 tires [5] 72:10 126:5 126:5 270:10 270:16 title [20] 25:9 26:13 27:17 28:17 29:24 31:19 32:18 100:6 100:21 102:1 102:3 106:8 232:2 26:9 28:13 30:15 32:20 101:9 102:5 237:7 to-wit [i] 298:7 Toccoaii] 33:19 today [33] 5:6 6:12 7:15 8:20 14:6 15:3 32:16 32:20 40:9 66:21 79:18 87:20 90:8 90:11 95:17 115:12 115:15 117:1 181:11 183:5 210:12 247:2 247:23 248:7 248:12 248:17 248:18 249:2 251:17 270:22 294:22 295:15 295:23 toepj 20:1 together [is] 24:12 58:19 77:4 125:2 126:15 151:23 170:9 170:13 178:1 192:17 192:17 192:19 192:19 198:18 205:2 toilet [i] 32:24 token [i] 110:13 too [6] 163:23 215:20 247:22 265:23 284:20 289:4 took [it]84:16 87:12 133:8 143:3 178:20 183:3 194:22 195:1 201:3 260:24 275:8 tool[i] 200:18 tooling [i] 74:13 tools [l] 270:9 toothpaste [2] 144:15 144:16 top [12] 122:5 177:10 198:5 207:6 100:23 173:2 177:14 199:15 106:6 173:8 177:22 205:14 TORRES [i] 2:11 Total [i] 32:23 total ii] 206:18 totally [i] 90:24 town[i] 9:12 tracking pj 86:12 traction [ij 59:20 tractors [2] 182:3 150:15 trade [is] 43:13 119:3 120:4 121:3 121:18 122:3 152:13 155:1 158:6 162:22 163:15 164:4 164:7 164:16 164:19 trademark [i2] 118:18 119:21 120:2 120:22 121:7 121:21 148:19 151:22 154:23 160:4 164:12 167:18 trademarks [6] 149:20 150:2 151:19 153:12 165:7 165:16 traditional [i] 131:13 traffic [i] 30:9 trailer [i] 206:15 trailers [ij 150:15 train [i] 193:14 trained [i] 169:22 training [4] 192:21 193:2 193:9 193:24 transaction [7] 50:24 51:2 88:6 88:14 95:8 96:17 188:15 transcript [4] 297:11 297:14 298:24 299:6 Transcription [i] 298:23 transfer [7] 80:20 BENUSKA REPORTING (630) 834-7828 Multi-Page TM 85:1 85:3 91:20 97:21 110:18 172:10 transferred [5] 50:20 65:2 94:10 94:17 98:11 transmission [i] 47:13 transmissions [2] 36:2 55:10 transmit p] 108:16 travel [i] 9:12 traveled [i] 193:13 Travis [i] 3:10 treated [i] 222:18 trial [4] 7:2 10:6 11:12 11:17 tried [5] 114:12 117:11 125:22 198:20 234:11 Trim [3] 35:20 36:6 36:7 trimp] 35:21 Tru-Gard[2] 121:12 138:16 Truck [2] 47:16 73:9 truck [30] 46:24 47:21 55:17 55:19 56:6 56:9 70:9 70:13 73:8 73:9 73:15 79:14 119:12 121:14 122:4 136:11 136:20 152:1 181:14 184:11 196:17 201:13 201:21 201:22 202:6 204:2 204:2 206:15 268:1 268:8 truckload p] 79:6 79:7 79:10 trucks [i9] 21:20 21:21 35:4 35:11 35:13 47:17 55:21 55:22 55:24 56:1 83:5 135:9 138:1 138:3 150:15 172:6 181:24 184:22 225:6 true [6] 147:20 163:17 215:20 235:12 244:12 298:23 truly p] 115:18 185:8 trust [i] 34:8 truth p] 298:17 298:18 298:18 try [] 89:12 104:16 125:17 151:22 234:14 241:10 trying p6] 38:9 56:15 90:12 116:14 147:24 153:16 157:1 158:15 163:6 168:19 169:10 182:20 229:13 255:12 284:4 285:5 tube [2] 144:15 218:11 Tulane PI 236:24 Tullahomap] 31:15 Tulsa [i] 29:20 i thought - up Carl Liggett, 8-15-02 Tunkhannock [2] 23:2 23:8 turn [6] 34:19 58:17 173:4 199:13 200:19 207:23 turned [3] 147:23 199:7 254:15 Turner [22] 88:15 88:21 89:4 89:13 89:16 89:24 90:5 93:4 93:7 93:12 95:2 95:3 96:14 107:19 238:10 238:11 238:17 238:19 238:21 239:2 239:10 239:22 turning [3] 124:9 128:24 174:21 twice [3] 17:3 254:15 282:23 two [28] 28:24 32:3 38:17 46:18 47:18 67:11 73:2 82:17 94:23 105:9 122:21 138:22 145:14 169:23 172:15 173:2 175:6 175:8 175:11 176:23 177:10 189:20 192:5 198:7 207:4 207:11 280:12 294:14 type [46] 14:8 33:4 33:6 39:24 40:23 43:22 46:7 47:2 56:23 62:5 64:15 68:13 68:20 69:2 91:19 96:11 97:3 110:16 116:9 116:13 130:3 139:5 143:11 143:24 165:22 167:15 169:7 170:9 178:16 182:3 184:22 187:12 191:12 196:6 212:12 222:21 225:23 240:9 241:8 246:15 252:3 252:8 272:21 274:11 275:24 279:13 types [27] 61:4 61:8 68:4 68:18 69:3 98:8 117:7 167:5 218:21 229:14 237:15 241:2 241:5 241:6 242:1 242:5 242:7 245:14 245:21 246:2 246:17 252:3 252:9 252:13 260:1 264:4 266:14 typewriting p] 298:22 typical [8] 129:19 146:4 165:17 171:4 172:21 178:23 184:16 269:17 Typically [6] 56:3 60:17 62:23 141:16 154:5 163:4 typically pi] 56:20 58:23 59:19 67:23 79:16 154:22 156:11 156:22 167:5 270:1 274:21 -u- U.S [6] 21:22 22:1 22:14 37:19 37:20 89:14 Ultra [2] 134:5 134:6 umbrella [i] 135:19 unassociatcd [i] 90:24 unbiased [ij 244:3 Under pi 162:14 under [i6] 42:15 118:11 120:1 136:10 139:10 151:10 151:13 151:17 152:1 159:21 195:8 208:10 218:17 263:16 299:8 299:10 undersidep] 178:10 undersigned [i] 299:8 13:24 20:12 57:24 64:12 65:11 73:20 74:16 78:2 82:18 84:9 87:20 88:14 90:17 90:23 95:5 109:10 119:15 126:13 127:13 140:2 157:22 161:6 164:6 168:20 183:23 190:17 217:16 220:8 247:18 247:23 248:3 257:7 257:21 263:18 265:7 273:14 295:9 295:14 295:18 understandable pi 292:17 understands [i] 183:12 understood p i ] 89:4 128:15 225:13 226:13 233:10 236:3 243:14 256:21 260:13 278:8 287:18 undetermined p] 298:10 unidentified p] 159:15 uniform [i] 57:14 Union [1 30:5 30:6 30:7 31:5 31:23 63:21 union [i] 41:1 unit [2] 254:20 264:17 Unitedp2] 1:14 54:4 73:16 88:16 89:1 95:14 96:1 149:3 149:5 150:1 150:3 283:14 University p] 8:14 21:8 236:24 unless [i] 160:16 unlikely [i] 157:23 unrelated [i] 18:22 unusual [i] 114:11 up [46] 13:7 24:13 Index Page 24 William Cotton vs. A.P. Green 52:24 53:4 53:7 56:18 60:5 61:23 73:13 74:13 74:21 79:2 80:12 80:13 82:7 97:4 104:4 105:5 114:18 114:21 131:21 132:13 132:17 132:23 143:21 145:10 146:21 154:19 158:6 160:16 161:15 161:19 162:18 172:7 174:3 174:6 176:20 191:15 196:14 198:4 198:17 200:24 206:7 218:11 238:12 271:4 UPS [21 79:4 79:13 upset [i] 130:9 upside [i] 196:15 urgem 295:3 usage [i] 182:4 used [36] 43:5 60:21 61:3 61:5 66:3 66:16 66:20 68:4 68:10 68:18 68:21 69:2 69:4 117:13 140:7 140:9 141:11 162:8 167:21 178:17 181:13 181:14 182:19 190:14 190:20 192:13 202:9 213:1 242:8 246:17 247:3 253:23 262:15 270:9 274:2 276:10 user [5j 58:21 58:24 226:2 227:22 262:22 users [3] 48:11 191:7 227:16 using n 59:10 77:1 128:17 234:13 263:2 270:14 271:14 -V- vacant [l] 104:14 vacatec [il 105:14 variables m 61:19 variety [4] 48:13 61:10 62:19 68:10 various [16] 6:6 33:3 65:9 65:17 77:5 78:11 79:3 85:8 194:18 219:8 229:2 229:10 235:21 243:15 264:5 274:14 vast [i] 79:9 vastly [i] 241:7 vats [ii 143:19 vehicle [13] 47:8 59:3 61:17 62:11 62:12 126:4 156:5 157:15 162:21 164:12 165:22 184:18 201:7 vehicles [i6] 35:24 36:12 42:9 45:16 48:7 55:8 59:9 62:10 35:16 36:15 47:5 55:23 74:12 158:1 158:24 276:4 vendors [2] 205:21 76:8 Venezuela [i] 149:11 Venezuelan [i] 148:19 venture [ij 91:1 verbatim [i] 259:4 Vermont [i] 63:5 Versus m 280:24 versus [4] 5:8 45:3 62:8 111:2 Vice[i] 28:14 vice [3] 26:11 276:17 vicinity [i] 27:18 30:3 video [i] 5:2 VIDEOGRAPHER [14] 5:1 16 16:11 87:6 87:9 115:2 115:6 148:8 148:13 228:16 228:20 294:16 294:19 296:7 videotape [i] 292:20 Vietnam [3] 22:10 22:11 22:12 violating [4] 257:12 259:23 260:8 260:10 Virtually [i] 138:2 visited [i] 263:11 vitae [i] 20:15 voidfi] 105:2 volume [3] 74:17 158:13 172:5 VS[1] 297:6 -W- W-y-s-S[i] 141:7 W.N [1] 281:3 wading [i] 272:13 Wagner [3] 93:11 93:14 93:21 waist [i] 218:11 Wait [i] 50:23 wait[i] 279:5 waived [i] 299:4 walk [6] 56:19 57:22 143:2 196:11 212:11 253:5 walks [i] 192:22 Wall [5] 19:10 19:16 26:17 28:24 29:16 wall [3] 27:22 162:20 195:18 walls [i] 196:3 wanting [i] 256:1 wants [S] 161:12 161:17 162:19 192:11 192:12 War [2] 22:10 180:13 Ward[i] 130:5 warehouse [5] 52:16 Multi-PageTM 77:15 77:17 83:11 83:14 warehousing [5] 64:14 77:10 77:13 77:19 77:23 warning [6] 166:22 167:1 226:7 262:14 267:5 267:11 warnings [6] 227:3 229:4 231:12 237:15 260:1 261:16 wartime [i] 22:9 water [2] 282:16 57:9 ways [4] 7:6 113:5 177:11 207:11 Wear [2] 179:10 179:8 wear [io] 6:11 53:5 59:11 126:11 175:4 200:13 218:12 266:18 290:21 290:22 Weaver [l] 291:2 week [i] 23:21 weeks [i] 227:1 weight [i] 232:19 weighted [2] 217:12 218:20 Weill [i] 236:23 weird [ij 273:13 West [2] 5:3 78:7 WCStp] 8:18 wet [2] 205:5 290:24 wheel [io] 38:5 123:4 129:2 142:7 154:17 174:21 174:23 200:7 200:17 200:19 wheelers [ij 56:1 wheels [i] 150:15 wherein [i] 298:11 WHEREOF [i] 299:16 Whip [i] 188:3 white [2] 280:13 280:1 whole [2] 298:18 78:20 wholesale [i] 288:24 wholesalers [i] 127:20 wholly [i] 236:7 wide [4] 57:14 67:11 146:3 146:6 widely-used [i] 209:5 width [i] 146:13 wildp] 204:11 WILLIAM [3] 1:5 297:4 298:12 William [i] 5:8 wipe [l] 269:10 wire [4] 67:18 67:19 67:20 203:3 wisem 269:9 UPS - zone Carl Liggett, 8-15-02 Within,[2] 255:24 64:24 worn [4] 53:6 59:19 156:18 156:19 within [10] 1:18 61:18 216:22 266:3 284:6 284:14 291:24 293:11 294:11 298:5 without [4j 6:24 145:17 198:21 250:20 WITNESS [56] 4:2 75:23 87:4 89:8 98:3 98:14 101:14 101:17 123:20 125:6 128:1 135:17 151:12 152:6 154:13 157:4 160:9 168:17 191:19 193:20 199:12 199:23 206:12 207:16 208:7 209:18 211:12 220:3 235:7 235:23 239:13 240:3 240:21 245:17 245:24 246:5 246:13 249:5 252:5 257:24 259:19 260:4 263:6 269:7 270:20 272:10 275:21 278:17 278:23 280:21 286:16 288:9 291:14 292:3 292:15 293:5 Witness [i] 5:20 witness [i6] 5:12 5:16 7:4 8:7 101:12 182:24 183:15 220:22 247:8 247:11 258:13 298:17 298:20 298:21 299:1 299:3 witnesses [ij 14:24 woman's [ij 20:1 word[i] 178:13 wore[i] 218:19 worked [38] 12:16 21:14 32:14 34:24 35:20 37:15 37:19 39:5 44:3 86:8 87:16 87:21 109:11 109:18 113:22 115:24 130:16 132:14 140:21 157:23 162:16 170:1 170:1 170:5 193:7 209:3 212:7 238:13 246:8 264:18 269:22 273:9 273:16 286:21 286:23 287:2 287:10 290:8 worker [i] 189:18 wound [i] Woven [5j 137:16 187:11 187:22 writing [2] 255:24 written [3] 153:9 291:6 wrote [ij Wyss[i] 66:19 137:15 187:19 27:22 12:7 260:13 141:6 -X- X [2] 4:1 4:8 x-rays [2] 223:10 223:5 X-Tm 137:15 137:16 187:11 187:13 187:18 187:19 187:22 -Y- yarn [4j 66:19 202:16 202:20 202:22 year [i6] 10:12 21:11 21:14 23:12 24:2 25:20 26:19 82:17 166:4 180:21 203:18 208:12 211:15 255:20 267:8 281:12 years [42] 17:5 21:24 22:7 23:13 25:8 28:7 29:23 30:18 32:3 34:19 38:18 38:23 39:1 39:5 40:17 44:4 44:23 45:2 81:23 82:1 82:8 82:16 82:19 99:7 99:11 99:20 99:21 114:13 114:13 134:10 149:24 183:2 208:16 216:1 217:1 222:17 222:20 227:11 227:21 228:6 273:16 274:7 yetp] 206:1 York [2j 2:13 2:13 yourself [9] 12:8 13:4 14:5 38:1 128:22 129:4 129:7 243:22 244:10 worker *S [2] 212:14 213:4 -z- Workers m workers [12] 191:7 214:3 242:13 242:18 266:15 266:17 268:7 283:15 283:14 101:2 233:2 242:20 267:24 ZAENGLEp] 3:6 6:1 296:3 Zacngle[2] 296:3 6:1 zone[i] 218:12 workplace m 232:20 235:3 237:11 265:10 265:16 293:1 293:9 World [11 180:13 worldwide [i] 95:10 BENUSKA REPORTING (630) 834-7828 Index Page 25 T