Document GMg4X2x0X4JV2KK2nJXbkzxV
FILE NAME: US Gypsum (USG)
DATE: March 23, 1983
DOC#: USG007
DOCUMENT DESCRIPTION: 1983 Legal - Deposition of Edward Clare Beuthin
EN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
__
LEXINGTON COUNTY SCHOOL DISTRICT FIVE,
Plaintiff
vs .
UNITED STATES GYPSUM COMPANY, et al. ,
Defendants.
) )
NO. 82-2072-0
) )
The deposition of EDWARD CLARE BEUTHIN, taken on behalf of the Plaintiff, pursuant to the Federal Rules of Civil Procedure, before Jena Caron Veal, Certi fied Court Reporter and Notary Public, Delta Crown Room, Atlanta Airport, Atlanta, Georgia, on the 25th day of March, 1983, commencing at approximately 11:30 a.m.
6 43 Collier R d ,, N . W . , At lanta , CjA 30318 (404) 256-9575
EXA M INA T I0 N
Direct Examination ........... (By Mr. Speiahts )
Cross --Examination........... (By Mr. Lowe)
Redirect Examination . (By Mr. Speights)
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Pao g
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exhibit
Plaintiff's Exhibit No. 1 (Report)
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page line! I I
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LAWYER'S NOTES
i' I I I \
I I
1 APPEARANCES OF COUNSEL:
2 On behalf of the Plaintiff: 3
DANIEL A. SPEIGHTS, 304 Lee Avenue Hampton , SC
Es.i.
4 On behalf of the Defendant United States Gypsum Co.:
5
6
7
8
9 Also Present:
10
11
"
12
13
DARRYL G. LOWE, Esq. BARBARA ARRAS
Attorney at Law Kennerly, Montgomery, Howard & Finley 1200 Bank of Knoxville Building Knoxville, TN 37902
James D. Cornell M. Taylor Daly Martin L. Ellis Julia S. Howard Ann Kimmel Imogene A. Kino Margaret M. Powers Billy J. Stokes
14
15
This deposition is taken pursuant to
16
the Federal Rules of Civil Procedure.
17
EDWARD CLARE BEUTHIN,
18 beinq first duly sworn, was deposed and testified as
19 follows:
DIRECT EXAMINATION
20
BY MR. SPEIGHTS:
21
Q
Would you state your full name, please,
2?
sir? 23
MR. LOWE: Excuse me. For the record, 24
let me make a statement, please, on behalf 25
. 1
1 States Hypsum in ' 'rsus United "s. I would object
this deposition less Plaintiff's e is attorney of proper pleadings,
the local Rule, r objection is I am especially
and Rowland for position and would that you mentioned
t
m a case. hat objection for
Would you state your full
ease spell the last name,
nt address, Mr. Beuthin? 'e, Los Vegas, Nevada,
5
0
How lone have you been a resident of the
(
State of Nevada?
A
Seventeen years.
0 What is your date of birth, Hr. Beuthin?
A
September 1 6 , 1910.
Q What is your educational background?
A Elementary schools and hioh school in
Saginaw, Michigan; two years of college - Alma College,
Michigan; three years of graduate work at Carnegie
'
institute of Technology in Pittsburgh.
Were you ever employed by United States
Gypsum Company?
A
Yes, I was.
Q
Durincr what pP-riloodd ofnf time were you employed
by United States Gypsum Company?
A
1936 to 1964.
Q
Were you employedcontinuously by United
States Gypsum Company during that period?
^
Yes, I was.
0
Would you trace for us, please, sir, the
positions that you held with United states Gypsum Company
and the approximate dates you held each position.
A
Starting in 1916 as a laborer at the Oaknont
Pennsylvania plant for that company as an hourly worker '
until 1940 when ! became a foreman in the printing
f O M 740
8AONE N.J. 07002
1 department.
In 1 9 4 / t
,
1944, I became a department s u p e r i n t e n d
2
(
In '-9 4 7 , I became aeneral superintendent; and in 1 9 4 9 ,
3 works manager.
4
5 plant?
were ali those positions at the Oahmont
6
^
Yes, they were.
7
Q
And was the work manager the same thing as
8 a plant manager?
9
A
Yes.
10
0
Whatproducts did the Unitedstates Gypsum
11 Company manufacture at the Oahmont plant durinc the
12 period you were there?
13
A
It was a kraft Daper mill =
' p mixi, ana weconverted
14 the paper that we manufactured into paper baas, m u l t i
15 wall paper baas and vallboard, bundlina tape, for use
16 w tthin the company.
17
Q
How loner did vou sprue -_
,
-
you serve as works manacer at
18 the Oakmont plant?
8 * ru N N F N J 070OJ
19
A
Until 1954.
i
20
-
hat was your next position with the cenpanvj
21
,
1 W3S
d to
22 heaaquarrers as manager of safety.
Chicago corporate ^
23
24 1
25
Q
Hw Iona did vou cor-,,,,
- u serve as manaaer of safety?
A
Eight years.
0
That would have been until 1962?
A Q
A depar tment
Yes .
And ,,hat ,,as your next position? (Discussion held oft the record., (Continuino) Consultant to n .
r to the manufacturim
0 You served d utla
an<3
ri9ht' S l r - Prom 1954 ntil 1962 ,, h en as manager of safety ,, hat
V'ere your general ^-ibilitie.. ,,r . BeutMn?
. "
T ad,"inistec a safety procram for the
entire company.
r l m ' * lr- Did you have any resPOn-
l.tY fr potential occupational Qdilsseeaasseess off workers O nrted states Gypsum Company?
yes. "
1 K Uld
that
P - t of the j o b ,
lOW WUld you carrY out your duties and
r e s p o n s i b i l i t y durinc that period ^
|
A
We would travel throuoh -t-u
tiirough the various loca-
^ t h r o u g h o u t the Korth American continent and couns,
Plant of the various locations.
also ,,ith the employees
Q
To how many loor-M-i^m
`
ns approximately would
you travel?
A
At that time, i think there vere 67 plants.
0
Ho,, much of your time ,,as
spent on the road?
A
Seventy-five to 35 percent.
o
was there a manager of safety before you,
Mr . Esuthin?
A
Not as such.
<5
How was safety handled prior to your
assuming the position in 1 !54?
As 1 recall, it was either in the -- well,
WaS ln the personnel department immediately prior to assuming the job.
Q uring that
And how would ithair w iQ ir have been carried our
period of time?
A
Mostly administeredfrom the headquarters
ffice, some travellina but very minor, as 1 recall.
n fact, I think one of the complaints was that there 15 asn't enouoh activity or contact.
16
0
Do you know why your position was established
17 'ell, I was told that they needed someone of work
18 inager status to deal with +., ~ . ith the very important problem
19 industrial safety and to travel to the locations and
20 'cause the Oakmond plant had operated six and a half
21 SrS WlthUt a" accident, 1 was chosen for than position
22
0
To whom did you report in that position of
23 nager of safery?
24
A
The vice president of manufacturing.
25
o
And what was his name?
1
A
His name was C . W . Desg roy .
n
0
And to whom by position did he report
3
A
He reported to the vice president: of
4 operation s .
5
Q
And to whom by position did the vice
6 president of operations report?
7
A
To the president of the company.
8
Q
All right, sir. What vere your general
9 duties and responsibilities from l?62 to 1964?
10
A
It was actually safety function plus some
11 additional duties mainly in connection with studies
12 concerning plant and eouipnent maintenance, advisory --
13 taking the information or knowledge that I had obtained
14 in my travels from one plant to the other and dealino
15 with or discussing with the various plant manaaements.
16
Q
In that position as consultant from 1962
17 until 1964, did you continue to have the safety respon
18 sibilities that you had from 1954 until 1962?
19
A
Yes, I did.
20 O What did you first do when you left the company in 1964?
21
22
&
I put tooether a firm called Eeuthin ar.d
23 Beuthin Management Consultants.
MR. YOUNG: Spell it, please. 24 25 THE WITNESS : B-e-u-t-h-i-n.
1 0
MR. sorry.
YOUNG:
Your l a s t nane .
i arn
"
And 1 Had develoPe a program for industrial
accident prevention, supervisory development mainly for
small or medium-sized companies, one-plant companies
that either eould not afford or did not have that type of counsel at their disposal.
Q
Who took y^ourx nPliaarcpe a=s. the manager o;
afety whether under that t-i+-1 unaer that title or anotner title when
ou left United States Gypsum Company in 1964?
A
I am not sure of the title, but I believe
t was Gary Krug who was in the company insurance apartment at that time.
Q
Hr. Beuthin, as the manager of safety and
n your subseouent position as a consultant, did you 16 p r e s e n t United states Gypsum Company on any industry 17 roups or associations?
18
A
Yes, on most of the trade groups connected
19 -th the industry.
20
o
On what trade groups do you remember repre-
21
:ntina United States Gypsum Company?
22
G y p s u m A s s o c i a t i ounn, Nnaa-*t-iionnna-li LTime As s o c i a -
23
on, Metal Lathe Association, Mineral Wool Association,
24
IP and Paper Institute; that is all ! can think of at '
25
moment.
11
n
Were you on any committees at the Gypsun
Association?
A
Y e S ' 1 Was a member and chairman of the
safety commirree at one period of time.
D U n n q What P eriod of time
representative on tho he safety committee
Association?
were you the of the Gypsum
A
For the entire period that I was in the
-hicago headquarters
-
Do you recall the other members who had
epresentatives on that safety committee?
A
Particularly National Gypsum because the
afety director from National was responsible for the
stablishment of that committee within the Association
D YOU rsca11 his name or her name?
16
A
Merrill Pollard.
17
D YOU reca11 any other members who had
18 epresentatives on that committee?
19
A
You mean: companies?
20
Q
Yes , sir.
21
A
Yes. Celotex and Best Ball, Kaiser, was
22
" ones that I can -- (Pause).
23
0
Do you recall whether or not Flinthote had
24 presentative on the committee?
25
A
I don't believe XT can't k s u r e _
Q
Do you recall whether Certainteed had a
representative on that committee?
A
^ sseras to me they did, yes.
Q
Did you serve on any committees of the
Mineral Wool Association?
A
Yes, as a member of the safety committee.
Q
During what period of time did you serve on
that committee?
A
Well, it was later than the Gypsum As socia
tion. I would say in the area of late '50s.
Q
Do you recall any other companies that had
.epresentatives on that committee?
A lember .
Well, American Rock Wool was the main
Q
Do you know what the association was between
16 nited States Gypsum Company and American Rock Wool, if 17 ny ?
18
A
American Rock Wool was merged into United
19 tates Gypsum.
20
0
Did Johns-Danville have a representative on
21 ne Mineral Wool Association connittee on which you 5rved ?
22
23
A
Not to my knowledge.
24
0
Mr. Beuthin, prior to assurninq your duties
25 ; manager of safety in 1954, did you have any
involvement with asbestos or asbestos products?
2
A
No, I did not.
3
Q
Prior to assumina your duties in 1954, were
4 you aware of alleaed health effects of the inhalation
5 of asbestos dust?
6
A
Not specifically, no.
7
0
^ ^ 31 3crjoWIsrlrro
owiedne or i mnfr ormati, on did you have
8 before assumina your
y
p o s i n o n as manacrer of safety?
9
A
For asbestos?
10
Q
Y e s, sir.
11
A
None whatever.
12
Q
In your position as the manaaer of safety,
I
13 id you ever represent United states Rypsum at any
14 seminars or symposiums?
15
A
Yes, I did.
!
!
16
Q
Bhat seminars or symposiums?
i
17
A
It was Saranac Laboratories' seminar on
18 I industrial lung disorders.
19
Q
Did you attend meetinns at the Saranac
20 -laboratories?
21 1 1
22
A
Yes .
0 And how lona would those meetinas last?
a iW r threG days, as I remember.
25 disorders? And would the meetings deal with lunn
14
A
Yes.
Q
When did you attend those neetinqs at
Saranac Labs?
A
The first one was in 1955.
Q
Did you attend any others?
A
Yes, I believe there is another one i
attended in - I think they were an annual affair, and
the next one was in '57, as I recall.
Q
Do you remember any of the people who
specifically conducted those seminars on lung disorders at Saranac?
A
It was conducted by the Saranac Laboratory
>nd m St f the attendees were doctors, medical people.
Q
All riaht, sir. Did you ever hear Doctor
Schepers make any presentation at those two conferences?
16
A
Well, Doctor Schepers was the director of
17 he institute, and he was very much a part of it. But
18
don't recall any specific lectures or -- (Pause).
19
Q
Did you have an occasion to meet Doctor
20 chepers back during that period of time?
21
A
Yes, I did,
2?
0
Did the presentations at Saranac Lab that
23 ou attended in 1955 and 1957 include presentations on
24 ileged adverse health effects of asbestos?
25
A
I am sure they did.
15
1
0
Did the conferences on lung disorders d i s
2
cuss possible length with occupational dust and cancer:
3
MR. LOFE: I obier-^
,, *
OJ,]ect to the form of the
4
question.
5
1 am g in9 to rephrase the question. Hr.
Beuthin. During the two conferences that you attended
at Saranac Lab, was there any discussion of any alleged
connection between cancer and occupational dust?
A
I recall that some of the papers dealt
specifically with carcinoma.
o
Mr. Beuthin, after attending these con
ferences, did you prepare any written reports?
A
Yes, i did.
reports?
And Wh3t did You do with those written
a
Hy reports were always directed to my
inunediate superior: v i ce president of manufacturing.
Q else?
Did you send cop'ies of ti-hii=w rreeopoor-rft-sQ 4t-o^ anyont
I can t be sure, but it seems to me that we senr them to the insurance people.
_ Q
And who Wuld have been in charge of than
office at thau time?
A
Paul Kipp was the manager of insurance.
0
Did you attend any other seminars or
i 6
symposiums on behalf of United States Gypsum Company?
A
Yes, after the Saranac meetings, that type
of seminar was moved to Toronto to the McIntyre Research
Institute, and I attended at least one meetino there and
I think possibly two.
i
Q
The conferences at McIntyre dealt with w h a t ? 1
A
Basically the same thing but -- and I may
have missed this at Saranac, but one of the things at j
McIntyre was the introduction of the use of aluminum
'
dust for therapeutic reasons.
j
11
Q
Did you prepare any written reports follow- .
12 m g your either one or two attendances at the McIntyre
13 Institute?
14
A
Yes , I d i d .
15
Q
And what did you do with those reports?
16
A
To my immediate superior.
17
Q
And did you forward copies of those reports
18 to anyone?
19
A
I am sure we sent them to the insurance
>eople.
20
21 Q Mr. Beuthin , following these conferences,
22 lid you make any representations to persons at United
23 tares Gypsum Company with respect to the use of
sbestos? 24
A
No, I did not.
25
1
0
Why not?
2 A It ,,as -- I ,,as not aware of any asbestos 3 in the company products; and if I was, it was of a very 4 minute nature. And I attended the meetings really to 5 keep abreast of any developments that may have
6 transpired or come up in recent years after a study 7 had been mad.3 on gypsum dust.
8
0
'ii. Beuthin, were you familiar with the
9 product Audiocote while you were with United states
10 Gypsum Company?
11
A
I can't recall that specific name.
12
Q
Were you familiar with the product Hi-Lite?
13
A
I can't recall that one either.
14
Q Were you familiar with the product Sabnite?
15
A Sabnite rings a bell because at the Oakmont
16 plant, we printed bags with that particular name.
B A T O N * * N J 0700J
IS
17
Q
Mr. Beuthin, if United States Gypsum Compan
18 during -chat period of time had produced products that
19 contained 5 percent to 10 percent asbestos, would you
20 have been more concerned about the subject of asbestos 21 and the potential diseases from it?
22
MR. LOWE: Objection. Go ahead.
23
0
Co ahead and answer it.
24
A
I d o n 't think s o .
25
MR. LOWE: I withdraw the objection
1 E
1
o
Mr. Beuthin, 1 believe that we had an
2 opportunity to maet and d l s c u s s this natter; is that
3 correct, sir?
4
A
Y e s , we d i d .
5
Q
6 week?
7
A
And where did we meet previously to this In Las V e a a s .
8
Q
And where in LasVeqas did I meet with you?
9
A
In my home.
10
Q
On that occasion, did I take a sworn state-
11 nent from you, Mr. Beuthin?
12
A
Y e s , you d i d .
13
Q
And was the courtreporterpresent?
14
A
Yes.
15
Q Mr. Beuthin, in order for us to prevent any
16 confusion, I am aoinci to ask: Did you subsequently net
17 a copy of that statement that you gave for the purpose
18 of making corrections?
19
A
Yes, I did.
O
And did you make cc ct ions on it?
20
A
Yes, I did.
21
0
And did you return it to the court re porter?
22
A
I did.
23
0
Mr. Beuthin , I ask you wh ether or not on
24
that occasion, beinq March 5, 1983, do you recall my 25
1
1 askino you the followina auastion and your ciivino re 2 the followina response, and I will rive you this copy 3 and let you review it after I ask the question for the 4 record.
5
A
All right.
6
Q
'Now, if United States gypsum Company durinn
7 that period of time had produced products containino
8 from 5 percent to 15 percent asbestos, would you have
9 been more concerned about the subject of asbestos and
10 potential diseases from it?'- Answer: "i am sure I
11 would have."
12
I will ask you to examine than, sir, and I
13 will ask you whether that was your sworn statement on 14 that statement.
15
MR. LOUE: At this point, I interpose-
16
an objection not only to both Questions but
17
t-o the entire line of questioning and the
18
form of the questions.
19
MS. DALY: i adopt that on behalf of
Raymark, too.
20
21
MR. SPEECHES : Would you state the
'
22
basis o i. your objection , please, sir?
23
MR. LOWE: As an additional basis of
24 objection, I will point out that I ha^'Q j
25
pointed out on numerous occasions a
j
I
j
Ii I
1
continuino request to be provided with a
2
copy of this particular statement. I was
3
not provided with an opportunity to be
4
present for the takina of the statement
5
and neither have I been provided an
6
opportunity to review that statement; ar.d
7
for those reasons, I additionally object
8
to the question and continuino questions
9
with relation to this particular statement.
10
Q
(By Mr. Speioht) He has noted his objec
11 tions, Mr. Beuthin. My question is: Was that vour
12 statement on that occasion, sir?
13
A
Yes, it was.
14
Q
All rioht, sir. Mr. Eeuthin, I hand you
15 this document and ask, sir, if you can identifv that.
16
A
Yes, I c a n .
17
0
What is that, sir?
18
A
It is the paper that was published by the
19 Saranac Laboratories concernino the bioloaical effects
of calcined gypsum dust.
20
21 M H . LOWE: May I see that, please?
THE KITMESS: (Complyino.)
22
23
0
What is that study, Mr. Eeuthin?
24
A
In is the publication of the study that was
25 conducted at Saranac in the early '30s concernino the
: 1 1 effects of calcined nvpsum dust.
(
2
Q
When did you first obtain a copy of that?
.
3
A
Ic was at th^ '55 meetina at Saranac.
4
0
And do you presently have a copy of that?
5
A
Yes , I do .
6
0
And have you maintained a copy of that
7 since leavinn United States Gypsum?
8
A
Yes .
9
0
And is the copy I shoved you the cony of
10 the one you took when you left United States Gypsum?
11
A
Yes .
12
MR. SPEIGHTS: I would ask that to be
13
marked for identification purposes only as
14
Plaintiff's Exhibit 1 .
;
I
15
MR. LOWE: I will enter an objection
,
16
on the basis of materiality.
l
17
o
MR. YOUNG: i assume that objection
|
!
3
18
applies to all the Defendants.
!
o
* t N u 0 CO ft Ar ONNI . U J 07002
;
19
(Plaintiff's Fxhibit 1 was marked
1
20
for identification.)
1
o
2
21
Mr. Deuthin, when you took over as manacrer j
s
of safety or assumed that position in 1954, did you
!
23 have any record s in your custody pertainino to this
study?
1
24
25
A
N o , I did n o t .
1 |
1 Q Do you know whether United States Gypsum
2 Company participated in this studv?
3
A
Yes , they d i d .
4
0
What participation did United States Gypsum
5 Company have in this?
6
A
As far as I could tell from the records and
7 conversations, that it was initiated by United States
8 Gypsum.
9
Q
And to what records are you referrina, sir?
10
A
Thinas that I inherited in the files and
11 discussion with people who had been involved in that 12 study.
,
13
Q
Did you maintain custody of those files
(
14 while you were manager of safety?
15
A
Yes, I did.
.
16
0
And were they there when you left?
o
l
17
A
Yes, they were.
O
I M O h M , K J 07902
I
18
Q
Were those files kept in the normal course
:
19 of your normal course of business?
A
Yes .
I
20
c
j
*=J> 21 11!
(Discussion held off the record.)
z 22 ' 0 Mr. Beuthin, that is all I have. Thank you
!|very much , sir . 23 li
0 !
SPEIGHTS: For the record, I will
25
take the position, of course that any
objections posed by Tennessee counsel for
U.S. Gypsum in this case are ineffective
for the South Carolina case by reasons of
United States Gypsum's position that my
qu'estionincr is inadmissible in the Tennessee case.
MR. LONE : My response to that would
be in fairness and justicy and enuity
dictates than likewise my objections if admissible in Tennessee are as admissible in the South Carolina case.
BY MR. LOWE:
CROSS-EXAMINATION
Q
Mr. B e u t h i n , on behalf of United States
Gypsum in both the Tennessee and the South Carolina
case, I would like to ask you a few questions, and I
will attempt to be as brief as possible.
MR. SPEIGHTS: Excuse me, sir. I
think Ms. Kimmel would like to state a
position in liaht of your objection.
US . KIMMEL: Since this deposition
was properly noticed in Tennessee, at this time, I would like either you to withdraw
your objection to the takinq of the Tennessee cases by Mr. Speiahts or I would
4 4- `-t
like to take it myself in the Tennessee cases.
L O W E : You are welcome to take
it yourself, but I am not goinq to withdraw 5 my objection based on the local rules as I
6
stated previously.
7 MR. SPEIGHTS; Well, I think you should
8
probably proceed with her examination or I
9
will finish my deposition and she will con
10
tinue with hers.
11
MR. LOWE: It is Cross-Examination.
12
MR. SPEIGHTS: Certainly. y0u are
13
askinq questions subject to my objection
14
that you should not participate.
15
0
(By iir. Lowe) Nov; that we have ootteri' that
16 our of the way: Durina the time you were manaaer of
17 safety, were you vitally interested in the health and
18 safety of the United states Gypsum employees and plant 19 w o r k e r s , so on?
20
A
Yes, I w a s .
21 !: 1
11
0
Were you justifiably proud for the six and
22 a half years without an accident at Oakmont?
23
A
Yes, I w a s .
*
Q
las the company policy and philosophy at
25 that time to be interested in safety and the health and
B M O h N l M ,4. Q7002
of the employees of United .states Gypsum?
A
Yes , it v'as .
0
The Saranac seminars, mould it be correct to
describe the interest cenerallv there of all
_
-
re ot a11 respirator;;
5 Cype disrders or potential resoirafnr . respiratory type disorders?
6
A'
Yes, it was.
7
0
Now, do you recall frnm
~
1 frorn the Saranac meetings.
8 that the aluminum therapy that was mentioned on direct i
9 examination was related solely to the ailment of
1
10 Silicosis? Do you recall that?
,
11
A
The aluminum therapy ,,as introduced, to ny i
12 k n o w l e d g e , for the first time in ,, ,, ,, t y r e in Toronto, j
13 and it was in connection with hard rock mining in
!
14 Canada, and I don't recall the
15 specifically.
16
r> All right.
Do you recall
17 mentioned at either the Saranac -
is beino mentioned beincr
18
A
Yes.
19
n
or the .iclntyre, in either situation?
20
A
Yes .
0
21
Kirh respect to the questions you ,,era
2? about your previous meeting with P l a i n t i f f s counsel in !
23 bas Vegas, were there any other attorneys at that meet- !
24 ino with you other than Mr. Speights and Ms. Kimmel?
25
A
Ni there were not.
.*00/0
0
Ho other attorneys from any of the attorney.
in '::hese cases were present at that time?
A
Ho .
0
What was the financial arranaenent that M r .
Speights and Ms. Kimmel mads with you for giving that
statement to a court reporter?
A
My consulting fee -- consultant fee.
Q
How much was that, sir?
A
$60 an hour, a portion thereof.
Q
Is the same financial arrancement beina made
11 v'ith reference to your testimony here today in Atlanta?
12
A
Yes, it is.
13
0
That is all i have.
14
r e d i r e c t EXAMINATION
15 7 MR. SPEIGHTS:
16
Q
I have just a couple of more questions, Mr.
17 Seuthin. Prior to my taking the statement from you,
18
you have an opportunity to meet with Ms. Kimmel?
19
A
Yes, I did.
20
Q
And did Ms. Kimmel interview you?
A
Yes, she did.
21
22
Q
A.nd vas I present durinr that interview?
A
You were nor.
23
24
0
And wa s she present when I later took the
ement from vou? 25
*- /
A
Sh a wa s n o t .
2
O
Iiov; much time was
3 Can you recall , approximately:
4
A
A month,
5
o
All right, sir. Did Ms. Kimmel prepare you
6 a copy of the memorandum confirming her interview with 7 you ?
8
A
M&s , she did .
9 Q 3id she give you an opportunity to correct?
10
A
i'es , she did .
11 o And did you exercise that opportunity to 12 make those corrections?
13
A
I did.
14 0 Were the statements that you aave M s . Kimmel 15 durine your interview consistent with the statemerims 16 that you gave me durino your sworn statement?
17
A
1 believe they were.
18
Q
19 h a v e .
Thank you, sir. I believe that is all I
rooio th "iNNOMs
20
MR. LOWE: At this time, I would
21
request that both the memorandum and the
22
sworn statement under oath be introduced
23
as the next two exhibits.
24
ME. SPEIGHTS: I will be happy to do
25
that if you will withdraw your objection
concernina the alleged failure of counsel to furnish them to you before. But if you are going to continue that objection, then I think it ouaht to be resolved with the Court.
MR. LOWE: We will not withdraw our
previous objection,. stand as it is.
we will let the record
MR.. SPEIGHTS: is all T h a v e .
Thank you, sir.
That
MR. LOWE: Thank you, Mr . Beuthin.
I want you to show on both depositions
that we are here as counsel for United States
Gypsum in both cases subject to Mr. Speights'
objection that he previously made.
.
MR. SPEIGHTS: I want to cto back on the record for a moment on the first deposi tion, just a statement for the record. Without waiving any objections to Tennessee counsel being precluded from participatina m this case and without: waiving any rights that I night have in reaard to any statement or brief that I was involved in in the sense of fairness to the Defendant, since we are all here and have not left, I will voluntarily
ailow you to examine this statement and make any copy of it that I took and which I ques tioned Mr. Beuthin about. If you would like to ask him anything about the statement while we are here, you are certainly -- i would have no objection to your doing so.
MR. LOWE: For the record, in response to that, Mr. Speights, I would point out that we are tightly scheduled here in Atlanta today, and most everybody here is away from home. We are scheduled to have started another deposition seven o:: eight minutes aao, and I am sure there is no time for all counsel to review that properly and conduct further examination of Mr. Beuthin as a result from h a v ing reviewed the statement. I would simply suggest this: You make the statement avail able to us for review at our leisure, and if we feel like it is necessary to do so and if we can do it at Mr. Beuthin's convenience at a later time and at an appropriate place, v:e wouxd like the right to reserve the Cross Examination further.
MR. ELLIS: We would like to reserve the right to cross-examine further.
1
MR. SPEIGHTS: For the record, the
2
other witness has not arrived v e t . The
3
statement is relatively short, and I wou d
4
be glad to accommodate counsel, the only
5
counsel who questioned Mr. Beuthin in mv
6
deposition, bv allowing him to review toe
7
statement now even in lieu of the other
8
deposition.
9
MR. LOWE: We would be happy to ;ake
10
a look at it, but it is my understanding
11
that Mr. Krug is here.
12
MR. SPEIGHTS: Well, we will take a
13
break and, if you like, it is certainly
14
available for you to look at.
15
(A brief recess was had.)
..
16
MR. SPEIGHTS: Let the record reflect
17
that it is now 1:30, and we are starting Mr.
18
Krug. Counsel for U.S. Gypsum has been p r o
19
vided a copy of the statement and has looked
at it or had it available to him for approx
20
21
imately 25 minutes. As I stated then, Mr.
22 Eeuthin would certainly be available for
23 further questioning in light of the state
24 ment and if counsel found any inconsistencies
or anythinq that he wished to clear up in 25
" 1
1
light of that statement.
2
MR. LOWE: Again, I would state for
3
the record that we had a very cursory
4
examination of the report and do not waive
5
our right to conduct further examination of
6
Mr. Beuthin. And if we see fit, and if we
7
can, do it at his convenience subject to
8
his agreement.
9
(Deposition concluded.)
10
11
12
13 14
15 16 17 18
19
20
21
22
23
24
25
32
GEORGIA: FULTON COUNTY:
CERTI P I C A T F
I hereby certify that the forecroing deposition was taken down, as stated in trie caption, and the Questions and the answeis
thereto were reduced to typewriting under
my direction; that the foreooincr 3^ paper,
represent a true and correct transcript of the evidence given by said witness upon said hearing; and I further certify that I
am not of kin or counsel to the parties to
the case; am not in the reaular employ of
counsel for any of said parties; nor am I
16
in anywise interested in the result of said
17
case.
18
This, the
day of March, 1983.
19
20
21
Jena Caron Veal, Certified'
22
Court Reporter, B-353
23
24
25