Document LX9XqoBjQKvgnJVooDDmBQVX

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY JOAN MAERTIN, Executrix of ) the Estate of Lothar ) Maertin, JOAN MAERTIN, ) individually and in her ) own right, et al., ) Plaintiff s, ) vs. ) ) ARMSTRONG WORLD INDUSTRIES, ) INC., ) vs . ) MONSANTO COMPANY AND AMERICAN) MINERAL SPIRITS COMPANY, ) Defendants ) Cause No. L- 9 5 -CV 02849 (JBS) DEPOSITION OF PAUL BENIGNUS Taken on Behalf of the Defendants June 26, 1998 Condensed Transcript and Word Index 4^ ' DEPONET Taylor * Schroeder Reporting & Video "Meeting All Your Litigation Needs COURT REPORTERS 7494 Ethel Avenue St. Louis, Mo 63117 314.644.2191 800.280.DEPO Fax 314.644.1334 QUALITY <6 ASSURANCE TOWOLDMONOQ51259 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) INDEX OF QUESTIONERS QUESTIONS BY: Mr. Turet Mr. DiMuro Page 4 50 Multi-Page1 Page 1 APPEARANCES Witness: Paul Benignus June 26, 1998 Page 3 For the Defendant Monsanto Company: LATHAM & WATKINS BY: Christopher M. DiMuro One Newark Center Newark, New Jersey 07101-3174 (973) 639-7298 SMITH HELMS MULLISS & MOORE, L.L.P. BY: Gerard H. Davidson, Jr. 300 North Greene Street, Suite 1400 P. O. Box 21927 Greensboro, North Carolina 27420 (910) 378-5267 For the Defendant Armstrong World Industries, Inc.: (Present Telephonically) DUANE, MORRIS & HECKSCHER, LLP BY: Craig F. Turet One Liberty Place Philadelphia, Pennsylvania 19103-7396 (215) 979-1000 For the Defendant American Mineral Spirits: (Present Telephonically) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER BY: Carolyn O'Connor Two Gateway Center Newark, New Jersey 07102-5311 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY 2 JOAN MAERTIN, Executrix of 3 the Estate of Lothar Maertin, JOAN MAERTIN, 4 individually and in her ) Cause No. L-95-CV own right, et al.. 5 Plaintiffs, vs. ) 02849 (JBS) > ) 6) ARMSTRONG WORLD INDUSTRIES, ) 7 INC., ) VS. ) 8 MONSANTO COMPANY AND AMERICAN) MINERAL SPIRITS COMPANY, ) 9 Defendants. ) 10 11 DEPOSITION OF PAUL BENIGNUS, 12 produced, sworn and examined on the 26th day of 13 June, 1998, between the hours of eight o'clock 14 in the forenoon and six o'clock in the afternoon 15 of that day, at the home of Paul Benignus, 47 16 Metcalf Drive, Belleville, Illinois, before 17 Nancy A. Kuncaitis, a Registered Professional 18 Reporter and Notary Public within and for the 19 State of Missouri in the cause now pending in 20 the United States District Court for the 21 District of New Jersey, wherein Joan Maertin et 22 al. are the Plaintiffs, and Armstrong World 23 Industries, Inc., and Monsanto Company and 24 American Mineral Spirits Company are the 25 Defendants. Page 2 Page 4 IT IS HEREBY STIPULATED AND AGREED by and between Counsel for the Plaintiff and Counsel for the Defendant that this deposition may be taken by Nancy A. Kuncaitis, Notary Public and Registered Professional Reporter, thereafter transcribed into typewriting, with the signature of the witness being expressly reserved. PAUL BENIGNUS, of lawful age, being produced, sworn and examined on behalf of Defendant, testified as follows: EXAMINATION QUESTIONS BY MR. TURET: 17 Q. Good afternoon, Mr. Benignus. My name is Craig 18 Turet. I'm the attorney representing Armstrong 19 Word Industries who is a defendant in this 20 case. Can you hear me all right, sir? 21 A. Yes, sir. 22 Q. Have you been deposed before today on more than 23 one occasion, Mr. Benignus? 24 A. Yes, sir. 25 Q.I'm sure you're familiar with the drill. I'm Page 1 - Page 4 TOWOLDMONOQ51260 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-PageTM Witness: Paul Benignus June 26, 1998 Page 5 Page 7 1 going to ask you a series of questions and 1 Q.Did you take any additional postgraduate 2 you'll be expected to answer them as completely 2 courses? 3 as you can. I'm definitely not asking you to 3 A. To a slight degree. It didn't amount to 4 guess or speculate. If you don't hear my 4 anything. 5 question or you don't understand it, just let me 5 Q.Did you go to work full-time after you received 6 know and I'll be happy to repeat it or rephrase 6 your master's? 7 it. If you do answer a question, that will 7 A. Yes, I was employed by Monsanto in their organic 8 indicate you both heard it and understood it; is 8 chemicals division starting in August of 1934. 9 that okay? 9 Q. Overall how long were you employed by Monsanto, 10 A. Yes, sir. 10 until to what year? 11 Q. And I do ask that you keep your voice up since 11 A. I retired in 1974. 12 we're conducting this deposition by telephone, 12 Q. You've been retired -- 13 sometimes it's hard to hear. Also, if you need 13 A. 40 years. 14 to take a break at any time let us know. As 14 Q.I'm sorry? 15 long as there is not a question outstanding, 15 A. It was a sojourn of 40 years. 16 we're more than happy to accommodate that. 16 Q.Have you been in retirement for almost 25 years? 17 Also, do you understand, Mr. Benignus, your 17 A. You got it right. 18 testimony is being taken down by the court 18 Q. I'm sorry, what was the position that you 19 reporter and will appear in a written 19 assumed first in August of 1934? 20 transcript? 20 A. From 1934 to '35 I was in the analytical 21 A. Yes, sir. 21 laboratories. That's where all the new chemists 22 Q. Do you understand that if for any reason at the 22 started. And then 1936 and in 1937 I was in a 23 time of trial of this case that you're not 23 plant control lab that was out in the plant 24 available to appear at trial that that 24 doing analytical control work on whatever 25 transcript could be admitted just as if you were 25 chemical was being manufactured that I was Page 6 Page 8 1 testifying live? 1 connected with. 2 A. Yes, sir. 2 Q. Okay. 3 Q. With that said, the only other thing just for 3 A. Then in 1938 and 1939 I was in the application 4 convenience, do you understand that when I refer 4 research laboratory. 5 to PCBs today I'm referring to polychlorinated 5 Q.Was this still in the organic chemicals 6 biphenyls? 6 division? 7 A. Yes, sir. 7 A. Yes, it will all be in the organic chemical 8 Q. And also, just to keep the transcript as short 8 division until I tell you I made a move. 9 as possible, I'll refer to Armstrong World 9 Q. Okay. 10 Industries which was formerly known as Armstrong 10 A.Now, in October, 1947,1 moved to Monsanto's 11 Cork Company just as Armstrong; is that okay, 11 inorganic division. I left the organic division 12 you'll know what I'm talking about? 12 and was invited to go to the inorganic 13 A. Yes, sir. 13 division. That was in October of 1947. And to 14 Q.Mr. Benignus, can you give me a thumbnail sketch 14 keep you abreast, I had a specific assignment to 15 of your educational background? 15 work on non electrical uses for PCBs and it's 16 A. In June of 1933 I got a bachelor of arts degree 16 significant to tell you that Dr. Jenkins, the 17 from Illinois College, major in chemistry, minor 17 head of the research department in the inorganic 18 in education. You ready. 18 chemicals division, he handled all the 19 Q. Yes, I'm still here? 19 electrical uses of PCBs directly and mainly with 20 A. In June of '34 I got a master of science degree, 20 Mr. Frank Clark at General Electric Company who 21 Washington University, organic synthesis. 21 was the inventor of PCBs, which they discovered 22 Q.That was organic synthesis? 22 in 1929 as a dielectric and which they 23 A. Yes, organic chemistry, synthesis of drugs and 23 patented. In -- by -- put it this way -- by 24 medicinals is what it was. That was my formal 24 1954 PCBs were moved out of the inorganic 25 education. 25 division and into the organic division where you Page 5 - Page 8 TOWOLDMONOQ51261 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-PageTM Witness: Paul Benignus _________ June 26, 1998 Page 9 Page 11 1 know by now that I originally started. There, 1 A. Exactly. 2 the non electrical uses became split into 2 Q.Did you work on PCBs during your time as an 3 several departments and the thing of 3 analytical chemist in the lab? 4 significance to me was that Dr. Jenkins was 4 A. No. 5 moved out of the inorganic division from 5 Q. How about once you became an analytical control 6 Anniston into the organic research in St. Louis 6 worker in the plant control lab? 7 and he no longer handled the electrical 7 A. No. 8 dielectric applications and I was - wound up 8 Q. Did your responsibilities differ in that 9 taking his responsibility for handling these 9 position from what they had been before? 10 PCBs in the electrical industry. 10 A. Essentially not. 11 MR. DiMURO: Let's let Mr. Turet ask 11 Q.Now, between 1938 and '39 you indicated that you 12 you some questions. I think you're going to 12 went into the applications research area? 13 roll on here. Let him ask you or else I think 13 A. Yes. 14 we're going to be here a while. 14 Q.Did you deal with PCBs during that stint? 15 A. Let me say this for your benefit. By 1954,1 15 A. No. 16 was 100 percent handling PCB dielectric 16 Q. Were you still based in St. Louis during that? 17 applications. 17 A. I was always based in St. Louis. 18 Q.How long did you continue 100 percent PCB 18 Q.Now, between 1939 and you then jumped ahead to 19 dielectric? 19 1947, you said you moved to the inorganic 20 A. Until I retired. 20 division. What did you do between 1938 and 21 Q.Did you have a particular job title from 1954 21 1947? Was it all applications research? 22 on? 22 A.No. I guess you lost a bit, but that's all 23 A. I was a technical person throughout my career at 23 right. I'll go over it again. 24 Monsanto. And I did have a calling card, such 24 Q. Okay. Why don't you pick it up in 1939? 25 thing as marketing manager of dielectrics. 25 A. 1939, from 19, say from 1940 to 1945,1 was in Page 10 Page 12 1 Well, no, it was world marketing manager of 1 the organic development department of the 2 dielectrics. I never used it. 2 organic chemicals division. 3 Q. Okay. So you remained as the marketing manager 3 Q. What were your responsibilities within the 4 for dielectrics in substance from 1954 all the 4 organic development department? 5 way through to 1974? 5 A. I had a laboratory and I did whatever the men in 6 A. Yes. In substance I wish to emphasize it was in 6 the organic development department of the 7 technology. I was not a salesmen. 7 organic chemicals division wanted done. 8 Q. Okay. Just to go back and fill in a couple of 8 Q. Did that include tests conducted on new 9 gaps, the positions that you held in the 9 products? 10 analytical lab as chemist, where was that based? 10 A.Not on any new products. 11 A. All of this was based at St. Louis, Monsanto at . 11 Q. Did it consist of testing of new applications 12 St. Louis. 12 for existing products? 13 Q. Okay. 13 A. Not to any extent. 14 A. The whole works. 14 Q. Okay. Maybe I should just ask in an open ended 15 Q. And as an analytical lab chemist, what types of 15 way. Can you describe for me specifically what 16 job responsibilities did you have? 16 it was that you would be asked, that you were 17 A. An analytical chemist analyzed the products that 17 asked to do by the organic development 18 were being manufactured to check to see that 18 department? 19 they would conform with the specifications 19 A. I was asked to -- this was during the war years 20 assigned to these products to see that they're 20 -- I was asked to try various things that 21 okay. 21 obviously would be of interest as plasticizer 22 Q. By specifications do you mean physical 22 use, and various other kinds of applications. 23 constants? 23 There was a broad spectrum of things here if I 24 A. Exactly. 24 have to go into that. 25 Q. Like viscosity? 25 Q.Did you do any work with PCBs? Page 9 - Page 12 TOWOLDMONOQ51262 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-PageTM Witness: Paul Benignus ____ June 26, 1998 Page 13 Page 15 1 A. Yes. 1 and badly in need of a system that would protect 2 Q. What type of work did you do between 1940 and 2 it against degradation and breakdown. I 3 1945 with PCBs? 3 developed such and then traveled to textile 4 A. I did some analytical work much as I would have 4 mills and showed them how to apply it. That's 5 been doing as an analytical chemist on PCBs. To 5 what I did in those years. 6 the best of my recollection, this was done on 6 Q. Did this formulation you developed include PCBs? 7 behalf of PCBs because until the advent of the 7 A. No. 8 war they were manufactured only at Anniston, 8 Q.Now, once you moved into the inorganic division 9 Alabama, but during the war they were 9 and you were assigned to work on non electric 10 manufactured also by request of the government 10 uses for PCBs, what specific types of paths did 11 at the Monsanto Illinois to have two sources of 11 you undertake? 12 supply. Best I recall, this isn't important, I 12 A. I would describe this. We didn't develop 13 was asked to do some analytical work, as we 13 anything, although it was called the inorganic 14 discussed earlier was check the physical 14 division development department, we didn't 15 constants, which is routine stuff. , 15 develop a thing that I know of. And what we did 16 Q. Did you do any specific work during the war 16 do, however, we tried to keep abreast of what 17 years on applications for PCBs? 17 uses people in industries in this country and 18 A. Yes. I developed a formulation to preserve wood 18 maybe elsewhere found and selected PCBs to apply 19 against rotter organisms, wood decay and 19 and use. We tried to keep abreast of this. 20 termites. And this formulation, I selected 20 That was what I did. 21 Aroclor 5460. This is not a PCB, it's a PC 21 Q. Okay. How did you go about keeping abreast of 22 three. 22 what uses different industries made of PCBs? 23 Q. Polychlorinated terphenyl? 23 A. To begin with, one would hear that from 24 A. Yes, you're right 60 percent by weight 24 marketing people and one would hear about this 25 polychlorinated terphenyl, that I used in this 25 from someone in industry finding PCBs of Page 14 Page 16 1 wood treating formulation as a resin. 1 interest to them for this or that or the other 2 Q. Did you do any work involving applications for 2 purpose and informing us of this interest and 3 PCBs during the war years? 3 coming to us to talk about it. 4 A.No, I wasn't connected with it. 4 Q. Was there a coordinated effort before you 5 Q. How about -- let me double check my years here. 5 assumed that position to keep track of what uses 6 What did you do between 1945 the 1947? 6 were being made of PCBs? 7 A. Well -- 7 MR. DiMURO: You said before he 8 Q. Did you hear my question? 8 assumed that position? 9 A. Yes, I heard your question. I think I told you 9 MR. TURET: Yeah. 10 in October of '47 I left the organic division . 10 Q. When you assumed the position did you see 11 and went into the inorganic division. Now -- 11 evidence in the form of documents that there 12 Q. What were you doing before you went into the 12 already were compiled lists of uses to which 13 inorganic division? 13 PCBs had been put? 14 A. You're asking what did I do between -- after you 14 A. Yes, to some extent because I wasn't the first 15 asked, I think, after 1945 up to '47. 15 one in the picture. 16 Q. Right? 16 Q.Fair enough. What kind of documents do you 17 A. All right. I was in -- I did some work in the 17 remember that listed uses of PCBs as of the time 18 organic chemicals division's sales development 18 you assumed that position in 1947? 19 department. And the reason for this is that 19 A. Well, I can take you back to the first 20 during the war I developed a system to preserve 20 application that I knew of for PCBs, 21 cotton equipage. These were the war years and 21 polychlorinated biphenyls. Aroclor 1254, our 22 this was important to the military. This was 22 trade name for it, was as a plasticizer for 23 before the advent of nylon and polyester, things 23 nitrocellulose. And the nitrocellulose was used 24 that do not degrade in the soil, and our 24 in lacquer. It was used in, I recall knowing, 25 military was using cotton in the South Pacific 25 and I refresh my mind right now, it was used Page 13 - Page 16 TOWOLDMON0051263 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (IBS) Multi-PageTM Witness: Paul Benignus June 26, 1998 Page 17 Page 19 1 one, wasn't a tremendous use, but it was used as 1 A. T-O-R-N-TST-T-E, I believe. Anyway, it was 2 lacquer, I'm pretty sure, on lead pencils, made 2 used in rubber based paints. 3 of wood the kind we kids used in school, lead 3 Q. Going back into that time period, what were 4 pencils. Another use of the nitrocellulose -- 4 rubber based paints used for? 5 I'm differentiating between this and using it 5 A. Rubber based paints were used as coatings for 6 for the obvious purpose, which is a lacquer, say 6 metal in corrosive environments such as in 7 on furniture and wood. Another use was, I 7 factories and so forth. But they were used as 8 understand, as a lacquer for nitrocellulose that 8 road marking paint. They, I think, were used as 9 was used in hat bands, particularly hat bands 9 coating on these cones they used on road 10 for straw hats. Because of the stability of the 10 markings. Being water resistant they were used 11 PCBs, it doesn't hydrolyze, it's not affected by 11 where they might be exposed to water a lot. 12 water or sweat. It isn't affected by acid or 12 Q. When in documents in this case we've seen 13 alkali, it's not active as a fungicide or 13 references to highway paint, is that the type of 14 biologically, it's completely inert. But it 14 paint, rubber based paints those references are? 15 plasticized the nitrocellulose. So it was used 15 A.I can't say that that's what the references 16 in hat bands for straw hats that I heard of. It 16 were, or had any references to this. I'm just 17 was used in the early days, I'm going back to 17 telling you I was aware that they were used in 18 the early 1930s, to put this in perspective, it 18 road marking paints, yeah. 19 was used, according to my understanding, in 19 Q.Do you know whether during the 1947 to 1955 time 20 cellulose, nitrocellulose cuffs on the sleeves 20 the Aroclor PCBs products also were used in 21 of men's shirts and I believe also in the stiff 21 other kinds of paint? 22 nitrocellulose removable collars that were used 22 A. Other types of paints. I know during this point 23 on, also on men's shirts. I mention this as one 23 in time there was a styrene water emulsion paint 24 of the early uses that I was aware of. 24 that had been developed and Aroclor PCBs was 25 Q. Were these uses still being made in 1947 when 25 selected as a plasticizer, but that product Page 18 Page 20 1 you assumed this position? 1 never went to market. 2 A. I don't think they had mens shirts with 2 Q. So you don't know of any instance where it was 3 cellulose cuffs and collars in 1947. I wouldn't 3 actually used in the styrene water emulsion 4 have worn one. 4 paint? 5 Q. How about lacquer on pencils? 5 A. It was not used in the styrene water emulsion 6 MR. DAVIDSON: If you know? 6 paint, no, it was not, not the system that I'm 7 A. I really don't know. 7 talking about. 8 Q. During the time when you had this position 8 Q. How about during that time period, do you know 9 between 1947 and 1954, were the PCBs also being 9 of uses where the PCB containing Aroclors were 10 used as plasticizer for polyvinyl chloride 10 used in fire retardant paint for coating? 11 coating? 11 A. Fire retardant paint? 12 MR. DiMURO: You said between '47 and 12 MR, DiMURO: Object to the form. You 13 '55? 13 can answer if you can, Mr. Benignus. 14 Q. '55, yes. 14 A. I don't know what you mean by fire retardant 15 A. Well polyvinyl chloride, as I recall, came to be 15 paint. PCBs are not fire extinguishers, you 16 in the 1940s and I'm sure they would have been 16 know. They do not support and sustain 17 tried as plasticizer for polyvinyl chloride. I 17 combustion, but they're not fire extinguishers, 18 don't know if they were used. They were, a 18 no. I would answer your question by saying no, 19 thing that I am more clear about was that PCBs, 19 I didn't know such a thing ever existed. 20 Aroclor 1254, in combination with terphenyls, as 20 Q. Okay. In sheer curiosity, during that period of 21 you know, that we mentioned that the 60 percent 21 time do you recall PCB containing Aroclors being 22 chlorinated terphenyl, that was used as a 22 used in dentures or medical products? 23 plasticizer for rubber, rubber based paints. 23 A. Yes. Specifically Aroclor 5460, this was not a 24 One name here that I recall was Tomisite. 24 PCB but you know what 5460 is. That mixed with 25 Q. Can you spell that for me? 25 wax was known as a lost wax casting process used Page 17 - Page 20 TOWOLDMONOQ51264 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-PageTM Witness: Paul Benignus _________ June 26, 1998 Page 21 Page 23 1 for making dentures as you asked, yes. 1 A.Not that I know of. I don't know of any. 2 Q. Were there any other applications that you can 2 MR. DAVIDSON: Craig, you're going to 3 think of other than the ones you've already 3 have to speak up a little bit. We're having a 4 mentioned during the 1947 to 1955 time period? 4 problem hearing you. 5 A. Well, other -- 5 MR. TURET: I will do my best. 6 Q.Non dielectric? 6 Q. Just want to flip ahead for a moment. During 7 A. What? 7 the period of time when you moved on into the 8 Q.Non dielectric uses? 8 organic division 1954 or '55 on? 9 A. Well, there were obviously other uses. PCBwas 9 A. Yes, okay. 10 used as a hydraulic fluid in Lester Phoenix die 10 Q.Who was your supervisor? 11 casting machinery. That's one example. 11 A. There were--the organic division had various 12 Q.I'm sorry, did you finish your answer? 12 facets, so I was told to report to a Si 13 A. Well, it's up to you. I'm not trying to be 13 Newcome. 14 difficult. 14 Q. What was his position within Monsanto? 15 Q. How about plasticizer uses? 15 A. He was in charge of an oil additives group that 16 A. How about what? 16 made oil additives. 17 Q.How about uses of PCBs as plasticizers? 17 Q.How about as we moved into the 1960s, did he 18 A. Oh, plasticizers. 18 still remain your supervisor? 19 Q. Yes, can you think of applications in which they 19 A. No, he was long gone. 20 were used during '47 to '55? 20 Q.Who was your supervisor in 1960? 21 A. Well, we mentioned the rubber based paints. 21 A. 1960 -- I think the man who replaced Newcome in 22 That was the predominant one as far as I know. 22 this oil additives area. You want the name? 23 And I'm pretty sure that's what I knew. I was 23 MR. DiMURO: He wants the name if you 24 the one there, that this is correct. I would 24 can remember. 25 say the rubber based paints, then it was used in 25 A. George Buchanan. Page 22 Page 24 1 some varnish, I think. And as we earlier spoke 1 Q. Mr. Buchanan was in charge of oil additives? 2 in nitrocellulose lacquer which in later years 2 A. Yes. 3 was replaced by other lacquer base materials. 3 Q. With the division? 4 Q. During the time when you were in the inorganic 4 A. Yes, but I was under that group or with that 5 division doing the work with non dielectric PCBs 5 group. 6 did you have opportunity to oversee the research 6 Q. Before I go on, do you remember, Mr. Benignus, 7 reports generated by other Monsanto researchers 7 ever hearing while you were at Monsanto that 8 doing applications research on PCBs? 8 there were reports of the occurrence of chick 9 A. Nobody would have prohibited my seeing them, but 9 edema? 10 nobody was coming to me at this time you're 10 A.No, I didn't hear about chick edema. That's one 11 talking about with what was going on in the non 11 I missed. 12 electrical because everybody knew I concentrated 12 Q.I didn't finish the question, but do you know 13 on the electrical industry use of PCBs. I 13 what I refer to when I ask about chick edema? 14 didn't have anymore to do with the non 14 A. Yeah, it came up -- 15 electrical. 15 MR. DiMURO: To the extent, Mr. 16 Q.I'm sorry. I thought you said between 1947 and 16 Benignus, you had any conversations with us, I 17 1954 that your area was the non dielectric 17 don't want you to divulge them to Mr. Turet. 18 uses. Did I misunderstand? 18 The question is did you know about chick edema 19 A.I don't think you did. Let's go back. From 19 back when you were at Monsanto. 20 1 947 is when I went into the inorganic division, 20 A. I said no. I had nothing to do with it. 21 and I think you have it right. My interest 21 Q.Do you remember a time where you learned about 22 there was strictly non electrical applications. 22 the works done by a scientist in Sweden finding 23 Q. In that position did you have occasion to see 23 PCBs in the environment there? 24 research reports being done by other Monsanto 24 A. I heard about that. 25 researchers on non dielectric uses for PCBs? 25 Q. Do you remember roughly when? Page 21 - Page 24 TOWOLDMONOQ51265 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-PageTM Witness: Paul Benignus ______ June 26, 1998 Page 25 Page 27 1 A. Roughly, I believe, I could be wrong because I 1 Q. Separate group? 2 wasn't directly connected with this, roughly I 2 A. Entirely, had nothing to do with dielectrics. 3 believe I heard about this in, I would say 1966, 3 That's why I don't see any of these things 4 I believe, somewhere in there. I merely heard 4 you're talking about now. We already found 5 about it. I think I know what you're referring 5 that -- Oh, I'm not supposed to -- 6 to. 6 MR. DiMURO: Wait for his question. 7 Q. How did you hear about it? 7 A.Okay. Let's go. 8 MR. DiMURO: Object to the form. Go 8 Q. Okay. I have no further questions on that 9 ahead. 9 document. Let me have the court reporter to 10 A. Well, I wasn't the only one to hear about it. 10 pull out Keller 3. 11 It just came up. Nobody came to me to inform me 11 MR. DiMURO: The witness has it. 12 about it. It wasn't of my doings or concern. 12 Q.Mr. Benignus, this is a January 26, 1967, 13 Yes, I heard about it. 13 letter. Have you seen this document before 14 Q. So it was just general discussion? 14 today? 15 A. Yes. Thank you. 15 A. I'm included in the distribution, so I would 16 Q. Did you ever remember seeing any documents back 16 assume I've seen it. 17 in 1966 or '67 that related to this report of 17 Q.Do you remember it? 18 PCBs in the environment? 18 A. Well, I haven't read it. I don't know what's in 19 MR. DiMURO: Object to the form. You 19 here, but I was not involved with it, I can tell 20 can answer. 20 you that without reading it, but I was copied in 21 A. Well, what do you mean by documents? 21 on it. 22 Q. Tell you what, why don't we do this: Would the 22 Q. Let me direct your attention to the second 23 court reporter pull out the document that was 23 paragraph on the first page. 24 marked as Keller 2? 24 A. Okay. 25 MR. DiMURO: I've given the witness a 25 Q. Which says, "to eliminate any earlier Page 26 Page 28 1 copy of Keller 2. 1 confusion" - 2 Q.Mr. Benignus, the document you're being shown is 2 MR. DiMURO: The second paragraph on 3 one that was marked as Keller 2, a December 1, 3 the third page or first page? 4 1966 letter. Have you ever seen it before 4 MR. TURET: First page. 5 today? 5 A. Okay. I'm reading it. 6 A. I don't think so. I don't recognize this. 6 Q. "To eliminate any earlier confusion that there 7 Q. It's addressed to a GR Buchanan in St. Louis? 7 may have been, I should like to emphasize that 8 A. Yeah, okay, I told you Buchanan was there. 8 there is no doubt that the chemical which is the 9 Q. Is that the same Buchanan? 9 subject of the investigation and the news 10 A. Yes. 10 release is chlorinated diphenyl, i.e., 11 Q. By the way, flip to the second page, an 11 Aroclor." 12 enclosure that came with it. Have you ever seen 12 A. Correct; I've read it. 13 that document before? 13 Q. Do you remember discussions that related to that 14 A.No, I've never seen this before. 14 specific topic? 15 Q. Okay. On the first page there is a -- in the 15 A. I had none, but I received a copy of this so I 16 upper right-hand comer there is a list of 16 was aware of it. No one came to me with this. 17 names? 17 Q. Do you know why you were CC'd on this letter? 18 A. Yeah. 18 A. Yeah, because I was well-known and I was in the 19 Q. Who is RA Steenrod if you know? 19 organization, but I had no direct assignment, 20 A. Yes, I do know. He was a salesman in the 20 did nothing about it. I read it and was aware 21 marketing activity in the, what they called the 21 of it. 22 functional fluids group. 22 Q. This letter -- 23 Q.Did the functional fluids group include 23 A. I agreed with what it says. 24 dielectric fluids? 24 Q. I'm sorry, I didn't mean to cut you off. The 25 A. No. 25 letter comes from a David Wood? Page 25 - Page 28 TOWOLDMONOQ51266 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-PageTM Witness: Paul Benignus _________ June 26, 1998 Page 29 Page 31 1 A. Right. 1 about what's in this memo here by Wood. This is 2 Q.Did you have occasion to work with Mr. Wood in 2 all brand-new. 3 your career? 3 Q. So when you went with Mr. Wood to visit 4 A. Yes. 4 capacitor manufacturers, what was the purpose in 5 Q. What types of interaction did you have with him? 5 your participation? 6 A. Well, he was located in London, Brussels, 6 A. Technology, dielectric technology. 7 Belgium. He was over there and that's where 7 Q. Farther down in that same paragraph there is a 8 this what he's talking about came from. Didn't 8 reference to, there is a statement says, "Jensen 9 come from here. 9 stated that he had been approached personally by 10 Q.The Brussels facility is a facility of Monsanto? 10 several workers associated with chlorinated 11 A. Yes, that was a facility, business office in 11 diphenyls for non electrical uses and these 12 Brussels. It had been earlier in London and was 12 workers were quite worried as to the possible 13 moved to Brussels. 13 effects on their health." 14 Q. And the letter is addressed to Mr. Buchanan 14 MR. DiMURO: Actually, it says Jensen 15 again? 15 comma however comma. You left a word out. 16 A. Yes. 16 MR. TURET: That's true, I left 17 Q.Your supervisor? 17 however out. 18 A. Yes. 18 Q.Mr. Benignus, do you recall back in the 1967 19 Q.To your knowledge, was Mr. Buchanan directly 19 time frame any discussions within Monsanto about 20 involved in this issue of PCBs in Sweden? 20 concern of human beings associated with PCBs? 21 MR. DiMURO: I'll object to the 21 A. No. As far as I know, I heard none, and this is 22 form. You can answer if you can. 22 all never heard of before, so the answer is, I 23 A. Well, he's addressed, this thing is addressed to 23 suppose the correct answer is no. 24 him. That's all I know about it. 24 Q. I have no further questions on that document. 25 Q. Okay. So you don't know one way or the other 25 MR. TURET: Chris, would you pull out 1 whether he was involved in the letter? Page 30 1 Keller 7? Page 32 2 A. Excuse me? 3 Q. You don't know one way or the other what his 4 involvement was? 5 A. What his involvement was, no. This was 6 something new that just came up. That was the 7 status of it, I can say that much about it, 8 probably the first he ever heard of it. 9 Q. Just so I'm clear on terminology, did dielectric 10 fluids include capacitors? 11 A. Yes, you're right, capacitors and fire resistant 12 transformers. 13 Q. You were working principally in what in the 14 1960s? 15 A. That. 16 Q. On the second page of the letter you're looking 17 at, under Effect in Sweden, "this matter was 18 raised with us by every capacitor manufacturer 19 in Sweden that we visited." Did you back in the 20 1960s hear anything about people from Monsanto 21 visiting with capacitor manufacturers in Sweden? 22 A. Yeah, but not because of what I'm looking at 23 here. I called on capacitor people in Sweden 24 myself with Wood. That was his job over there. 25 And at the time there was nothing ever discussed 2 MR. DiMURO: This is the October 21, 3 memo with attachment. 4 MR. TURET: Yes. 5 MR. DiMURO: Okay, the witness has 6 it. 7 Q. There is one name listing on top of the 8 circulation list, at least on the copy I have. 9 I don't know whether you were on it or not. Can 10 you tell me whether you've ever seen this 11 document before? 12 A. Well, I'm trying to look at this thing, what it 13 is. Risebrough, I've heard that name. I don't 14 think I've seen this. I had nothing to do with 15 it, and I don't think I've seen it. I don't 16 think I ever got it. If I did, I would have 17 nothing to do with it; it wasn't my business. 18 1968 - well, that again is shortly after this 19 thing came to light about something in a sea 20 eagle. I had nothing to do with that. 21 Q.Do you remember any discussions or documents 22 within Monsanto that addressed the issue of a 23 study by Professor Risebrough? 24 MR. DiMURO: Object to the form. You 25 can answer. Page 29 - Page 32 TOWOLDMONOQ51267 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-PageTM Witness: Paul Benignus June 26, 1998 Page 33 Page 35 1 A. As I said already, I had heard of this 1 A. I'm faying to look at it. I never received 2 Risebrough. He was a professor in biology, I 2 this. I never saw it until right now. I'm 3 believe, or industrial hygiene, I don't know, 3 trying to look at it. Is that what you want me 4 but Risebrough, yes, I had heard that name. 4 to do? 5 Q. Do you remember specifically in the course of 5 Q.No. Tell you what, I will direct you to a few 6 your employment at Monsanto any meetings or 6 sentences in it and ask you about those rather 7 discussions about Professor Risebrough's 7 than having you read the whole thing. On Page 3 8 findings? 8 at the top? 9 A. No, I was not in that area. I was not an 9 A. My pages are not numbered. 10 industrial hygienist and so forth. 10 Q.The third page, Page 3 is numbered three at the 11 Q. Was Mr. Buchanan still your supervisor as of 11 top? 12 October, 1968? 12 MR. DiMURO: What does it have, Bates 13 A. I'm not sure, but I believe Buchanan -- I 13 number? 14 believe he may have been there. He may not, but 14 MR. TURET: PRR 025247. 15 it was around that time that this oil 15 MR. DiMURO: Okay. 16 administrative group department, whatever you 16 Q. Direct your attention to the paragraph second 17 want to call it that we've mentioned, was sold 17 from the bottom, the first sentence says: "The 18 and was no longer with Monsanto, and he went 18 organic division which produces this series of 19 with that. So it can be he wasn't there. Is he 19 very profitable products has a concerted effort 20 on this distribution? 20 underway to protect continued sales and uses." 21 Q.No. Did you have a supervisor of any type in 21 Based on your employment with Monsanto in the 22 October of '68 as best you can recall? 22 August, September 1969 time period, which is 23 A. Everybody was my supervisor. You ask everybody, 23 when this document refers to, what did that 24 I was a technologist. I responded to everybody, 24 mean? 25 but I was not active in what you're talking 25 MR. DiMURO: Objection to form. Page 34 Page 36 1 about here. Probably Buchanan, October - my 1 A. I never discussed this or never saw it. I don't 2 guess is that he was either gone or on the way 2 know what's in the minds of these people who 3 going out the door at this time. There was that 3 received it. I can't at this time try to think 4 change. 4 what's in the mind of whoever wrote this. I'm 5 Q.Now, did you also in the context of the 5 looking. Page 4, Dr. Kelly, he was a medical 6 responsibilities you had in the 1960s also have 6 director. This is different typing from this. 7 any responsibilities for hydraulic fluid? 7 Did Dr. Kelly write this? 8 A.No. 8 MR. DiMURO: I think it's just the 9 Q.That was a separate area? 9 type size is different. 10 A. Yes. 10 A. They say only the type size. Well, Dr. Kelly 11 Q. Do you remember hearing anything about the 11 wrote it. He's the medical director. I can't 12 Escambia River in Florida, PCB contamination? 12 assume at this time what was in Dr. Kelly's 13 A.No. 13 mind. 14 q.Do you remember hearing anything back in the 14 Q. Just asking generally do you know whether back 15 1960s about leakage of hydraulic fluid from a 15 in September of 1969 there was a concerted 16 Pensacola plant of Monsanto? 16 effort underway to protect continued sales and 17 A.No, I was not in that area. 17 uses of PCBs containing products? 18 MR. TURET: Chris, would you please 18 MR. DiMURO: Object to the form. You 19 pull out Keller 13? 19 can answer. 20 MR. DAVIDSON: The witness has Keller 20 A. I don't know. I wasn't in that area. If you 21 13. 21 want to know about dielectrics, I can answer 22 Q. Mr. Benignus, I recognize your name is not on 22 your question. This seems to be -- I don't 23 the distribution list at the top. Have you ever 23 know. This seems - I can't - this seems to be 24 seen the document that's been handed to you as 24 and so forth, but you're really addressing 25 Keller 13 before? 25 something here that was not in my business Page 33 - Page 36 TOWOLDMONOQ51268 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-PageTM Witness: Paul Benignus June 26, 1998 Page 37 Page 39 1 area. I wasn't connected with it. I was in the 1 Q. What types of records did you keep at the time 2 dielectric area. 2 of the sales of dielectrics in the electrical 3 Q. Was there any concerted effort underway in the 3' industry? 4 dielectric area to protect continued sales of 4 MR. DiMURO: Objection to the form. 5 PCB containing dielectric fluid? 5 You can answer. 6 MR. DiMURO: Object to the form. You 6 A. I kept a record of who bought it and the amount 7 can answer, Mr. Benignus. 7 for capacitors and transformers. Also the 8 A. Well, I know what you're driving at. Would you 8 economics of this. I did that myself. 9 repeat this, please? 9 Q. Just to clarify, I think you answered this 10 MR. TURET: Could the court reporter 10 question already, but which product lines were 11 read it back, please? 11 included within functional fluids? 12 (Question read) 12 A.I will do my best. I wasn't in functional 13 MR. DiMURO: Note my objection. You 13 fluids. Heat transfer, hydraulic fluid, 14 can answer. 14 perhaps, I would assume, this is an assumption 15 A. Well, you're talking about 1969? 15 but it's a logical one, some - 16 Q. Correct. 16 Q. I couldn't hear you. 17 A. Well, Aroclor PCB was used exclusively by the 17 A. I said I think my assumption here is logical, I 18 electrical industry for very, very essential 18 would assume it was used in some lubricant of 19 application in capacitors and transformers for 19 some type. 20 which I guarantee you there was no replacement 20 Q. Have you finished your answer? 21 at this point in time. I think I've answered 21 A.I'm still trying to think. Yeah, let's say I've 22 your question. 22 finished. I've done my best. This was 50 years 23 Q. If I'm understanding you correctly, this wasn't 23 ago. 24 an issue for dielectric fluid at the time? 24 Q. Let me know when you have finished. 25 A. Yes, you're right. As far as you and I are 25 MR. DiMURO: He's done. Page 38 Page 40 1 concerned, as far as I'm concerned, this was no 1 Q. Transformer fluids, are they included as 2 issue in the dielectric area. 2 functional fluids? 3 Q. Were you aware back in the fall of 1969 that 3 A. No, sir. 4 there was a committee created to study the 4 Q.That's dielectric? 5 potential environmental contamination issues 5 A.That's dielectric. 6 associated with PCBs? 6 Q. Do you recall any letters that went out to the 7 MR. DiMURO: Objection to the form. 7 dielectric customers in the 1960s that related 8 A. I would have to say no doubt I heard of this. I 8 to these reports of potential environmental 9 didn't participate. 9 pollution by PCBs? 10 Q. And the committee that you heard of, is that one 10 MR. DiMURO: Object to the form. You 11 that would have included Mr. Wheeler? 11 can answer it. 12 A. I would think so. He was an industrial 12 A. Well, I would have known about it because I was 13 hygienist. 13 the one handling dielectrics. So I didn't send 14 Q. Did any of the people on the committee that you 14 such letters out myself, but if they had, I 15 have a general recollection of approach you for 15 think I would have known about it. There is no 16 your input about PCB products? 16 reason why I wouldn't. I had very close contact 17 A. PCB problems? 17 with the electrical industry. This other stuff 18 q.No, PCB products? 18 you're talking about, I wasn't even in, not in 19 A, Excuse me. No. 19 these days. 20 Q. Did anybody approach you to compile information 20 Q. Perhaps you misunderstood my question. My 21 about volume of sales of PCB containing 21 question is do you remember such a letter going 22 dielectric fluids at the time? 22 out to the dielectric customers in the 1960s? 23 A. They didn't have to approach me; I kept a record 23 MR. DiMURO: Object to the form. I 24 of that in the electrical industry, but not 24 think he said he recalled letters. I think 25 outside the electrical use. 25 that's what his answer was. Page 37 - Page 40 TOWOLDMONOQ51269 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (IBS) Multi-PageTM Witness: Paul Benignus June 26, 1998 Page 41 Page 43 1 Q. Was that your answer? I understood you to say 1 Is there another place within Monsanto back in 2 if there were you would have known about it. 2 the 1969, 1970 time frame from which one would 3 A, I would think so. They didn't send it to me 3 obtain specific dollar volume information about 4 that I remember but I think I would have known 4 sales of PCBs to dielectric customers? 5 that it was sent to the electrical industry. We 5 A. Certainly, from the accounting department. 6 kept very close contact. I did. 6 Q.Do you remember any discussion within Monsanto 7 Q.Let me just ask it again because I still am not 7 back in the late 1960s that related to the 8 clear here. Do you know whether there were 8 possibility that lawsuits could be filed against 9 letters that went out from Monsanto to Monsanto 9 Monsanto based on PCBs in the environment? 10 dielectric customers in the 1960s? 10 MR. DiMURO: I'll object to the form, 11 MR. DiMURO: I think what Craig is 11 also instruct the witness, to the extent you are 12 trying to ask, and Craig, correct me if I'm 12 going to reveal any communications you had with 13 wrong, is do you recall any specific letter or 13 Monsanto counsel, those are privileged and I 14 letters going out in that time period, not 14 would instruct you not to reveal those 15 whether if there was a letter you probably would 15 communications. Subject to that you may 16 have known about it, he's asking whether you 16 answer. 17 recall any letters. 17 A. Would you please repeat the question? 18 A. You're making this plural and along the lines 18 MR. TURET: Would the reporter read 19 you're talking about, let me make it singular as 19 it back, please? 20 far as I'm concerned. I do believe that 20 (Questions read.) 21 Monsanto did send a letter to the people you're 21 A. Absolutely not. 22 inferring or referring me to. So I believe as 22 Q.Do you remember back in the 1969 to 1970 time 23 far as a singular one, I would answer your 23 frame whether there was any discussion within 24 question in the positive. 24 Monsanto about discontinuing the manufacture of 25 Q.Is it your recollection that that one letter was 25 PCBs completely? Page 42 Page 44 1 sometime before 1970? 1 A. Yes. 2 MR. DiMURO: Object to the form. 2 Q. What do you remember specifically about those 3 A. I, offhand I would be guessing. 3 discussions? 4 MR. DiMURO: I don't want you to 4 A. Well, I'll tell you what I remember. I wasn't 5 guess, Mr. Benignus. 5 in those discussions, but I knew that this was 6 Q.I don't want you to guess or speculate. 6 being discussed. I know that you said you 7 A. I really don't know. 7 included 1970. This matter of the 8 Q. Mr. Benignus, if I see references in documents 8 environmentalists objecting to PCBs on whatever 9 put together by Monsanto back in the 1969 to 9 basis they had, which I think was that it didn't 10 1970 time frame to specific dollar volumes of 10 biodegrade, it was refractory, other than that, 11 sales to dielectric customers, was that 11 all I can say, that PCBs are very stable 12 information that was compiled by you? 12 materials, inert and so forth, yes, this thing 13 MR. DiMURO: Object to the form. 13 ballooned at this time. It was publicized, I 14 A. I didn't have to compile it. I told you already 14 think by now, they found it in a sea eagle and 15 I had my own. 15 whatnot and the news media had it on the front 16 Q. Were you the source of that information? 16 pages, and I'm sure that people at Monsanto, I'm 17 MR. DiMURO: Objection to form. I 17 sure, you know, this came to the attention of 18 don't know what document you're talking about. 18 the people in charge of Monsanto Corporation, 19 Was he the source of some sales volume 19 the executive committee, the trustees, the top 20 information in a document that you're not 20 management, and yes, there was a judgment made. 21 showing him? If you can answer, go ahead. 21 We seemed to be making something that some 22 A. I think I can answer. I would say no to your 22 people object to and we've got other things to 23 question I was not the source of that, but I 23 do than hear nothing but this PCB stuff which we 24 wasn't precluded from it. 24 don't understand anyhow, and the 25 q.Now, I'm not asking whether you were precluded. 25 environmentalists are all concerned about. And Page 41 - Page 44 TOWOLDMONOQ51270 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-PageTM Witness: Paul Benignus ____ June 26, 1998 Page 45 Page 47 1 I'll tell you very straightforward there was a 1 in the 1950s, roughly I would say '53 or '54 I 2 decision made, get out of this business, for 2 took over the handling of dielectrics from Dr. 3 everything. 3 Jenkins who handled it directly with Frank 4 Q. When was that decision made, to the best of your 4 Clark, the inventor of PCB dielectrics at 5 understanding? 5 General Electric and this dealt with a GE 6 A. Well, I know they went out of the non electrical 6 discovery in 1929 or 1930 and their use and 7 business in 1970. And from my position in the 7 patent. They established the uses. We 8 electrical industry, which was a highly 8 cooperated with these people and as I already 9 essential application, I know exactly what 9 told you, we didn't invent PCBs as dielectric at 10 happened. 10 Monsanto but we certainly pursued it with the 11 Q. That ultimately resulted in exiting the market 11 electrical industry and you're talking to the 12 completely in 1977? 12 guy who took this over. 13 A. Yes, it was terminated in 1977. Monsanto wanted 13 Q. Was it part of your job responsibilities to 14 to terminate it in 1970. We weren't allowed 14 interact with all of the major dielectric 15 to. Congress wouldn't allow us to terminate the 15 customers of Monsanto during your tenure? 16 electrical in 1970. It was sold on hold 16 MR. DiMURO: I'll object to the form. 17 harmless and whatnot. The electrical industry 17 MR. DAVIDSON: Craig, what's the 18 had nothing else to use. They had to find 18 relevance of all this? Was Armstrong using 19 something, and in answer to your question, as 19 dielectric transformers? 20 soon as they found a replacement for PCB in 20 MR. DiMURO: We seem to be getting -- 21 capacitors, that day, that horn that GE said 21 I'm going to let you continue your inquiry. 22 they were going to market with dioctyl 22 MR. TURET: I'm not that far from 23 phthalate, that was the end of it. That wasn't 23 being finished. 24 Monsanto's doing. 24 MR. DiMURO: Mr. Benignus, have you 25 MR. TURET: Chris, would you pull out 25 heard Mr. Turet's question or would you like it Page 46 Page 48 1 Keller 16 and show it to Mr. Benignus? 1 read back? 2 MR. DiMURO: The witness has it. 2 THE WITNESS: I don't know. I sort 3 Q.The document you're being shown is a memo 3 of lost it. 4 entitled The PCB Pollution Problem dated January 4 MR. DiMURO: Why don't we have the 5 21 or 22, 1970? 5 question read back for you? 6 A. Yes. 6 (Question read) 7 Q. Do you remember the meeting with GE that's 7 A. Yes, that was it. 8 reflected in this memo? 8 Q.Do you remember a specific meeting with 9 A. Certainly I do. 9 dielectric customers of Monsanto during the 10 Q. You were present for this meeting? 10 1960s any discussions about PCBs having been 11 A. I think I arranged it to be held. 11 identified in the environment? 12 q.To the best of your recollection is that the 12 MR. DiMURO: Object to the form. You 13 first meeting that you held with GE at which the 13 can answer. 14 issue of PCBs in the environment was addressed? 14 A. Sure I can answer. GE knew as much. 15 A. I don't know, but this is a well organized 15 Westinghouse knew as much. People in the 16 comprehensive meeting representing all GE 16 electrical industry that served with me. I was 17 locations. That's as comprehensive as you can 17 chairman of the subcommittee of American Society 18 get, and then look at the Monsanto people 18 of Testing and Materials. I was on the 19 there. Yeah, this was an important meeting. I 19 Institute of Electrical and Electronic Engineers 20 think my only connection was arranging it with 20 which was the transformer arm of the 21 the people at GE on behalf of the rest of the 21 International Electro Technical Commission which 22 industry. This is dated 1970. 22 was worldwide. Yes, we certainly interacted 23 Q. Did you have regular dealings as part of your 23 among ourselves, we certainly did. And I think 24 job duties with GE before this meeting? 24 the thing that you perhaps should know is that 25 A. Of course. We go back to what we already said 25 in 1960, you're talking again '60, wasn't that Page 45 - Page 48 TOWOLDMONOQ51271 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-PageTM Witness: Paul Benignus ____ June 26, 1998 Page 49 1 when they found it in a sea eagle? Westinghouse 1 A. In August, 89. Page 51 2 and GE knew they found it in the sea eagle just 2 Q.Are you still fairly active? 3 as Monsanto did in 1960. 3 A, I play tennis and I play golf and I swim. I 4 Q. Are you talking about the studies that we talked 4 would be doing that if I wasn't in this thing 5 about before? 5 here, that's what I would be doing right now. 6 MR. DAVIDSON: The Risebrough 6 It's pretty damn hot here. 7 article? 7 MR. DiMURO: I don't have further 8 A. Politely, yes. 8 questions. Craig, do you have anything? 9 Q. So those were topics of discussions? 9 MR. TURBT: I'm done. Mr. Benignus, 10 A. Yes. 10 thank you very much. 11 Q.In meetings because they were as well aware of 11 (Witness excused) 12 it as Monsanto? 12 13 A. Certainly, yes. 13 14 Q. Just a couple final questions. In the course of 14 15 your duties at Monsanto, did you have occasion 15 16 to speak with employees of Armstrong? 16 17 A. No, 17 18 Q. Did you ever experience employees of Armstrong 18 19 coming out to St. Louis for meetings? 19 20 A.No. They wouldn't have called on me if they 20 21 did. 21 22 Q.To your knowledge, were they a dielectric 22 23 customer of Monsanto? 23 24 A,No, they didn't make capacitors or transformers. 24 25 MR. TURET: I have no further 25 Page 50 1 questions. 1 2 MR. DAVIDSON: Carolyn? 2 3 MS. O'CONNOR: No questions at this 3 4 time. 4 5 MR. DAVIDSON: Off the record a 5 6 minute. 6 7 MR. DiMURO: We're going to take a 7 8 two-minute break and let you know whether or not 8 9 we're through. 9 10 MR. DiMURO: I have a couple of 10 11 questions for Mr. Benignus. 11 12 12 13 EXAMINATION 13 14 QUESTIONS BY MR. DiMURO: 14 15 Q. Mr. Benignus, are you on any medications right 15 16 now? 17 A. I take an inhalant. One is Beclovent that 16 17 18 strengthens and enlarges the tubes that go to 18 19 the lungs. 19 20 Q. Other than that medication, are you on anything 20 21 else? 21 22 A. No. 22 23 Q. How is your overall health? 23 24 A. Fine. 24 25 Q. And how old are you going to be? 25 Page 52 STATE OF ) COUNTY OF) I, PAUL BENIGNUS, do hereby certify: That I have read the foregoing deposition; That I have made such changes in form and/or substance to the within deposition as might be necessary to render the same true and correct; That having made such changes thereon, I hereby subscribe my name to the deposition. I declare under penalty of peijury that the foregoing is true and correct. Executed thisday of , 1998, NOTARY PUBLIC My Commission expires: PAUL BENIGNUS Page 49 - Page 52 TOWOLDMONOQ51272 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (IBS) Multi-PageTM Page 53 1 CERTIFICATE OF REPORTER 2 STATE OF MISSOURI ) 3 ) SS 4 COUNTY OF ST. LOUIS ) 5 I, NANCY A. KUNCAITIS, a Registered 6 Professional Reporter and Notary Public in and 7 for the State of Missouri, the officer before 8 whom the foregoing deposition was taken, do 9 hereby certify that the witness whose testimony 10 appears in the foregoing deposition was duly 11 sworn by me; that the testimony of said witness 12 was taken by me to the best of my ability and 13 thereafter reduced to typewriting under my 14 direction; that I am neither counsel for, 15 related to, nor employed by any of the parties 16 to the action in which this deposition was 17 taken, and further that I am not a relative or 18 employee of any attorney or counsel employed by 19 the parties thereto, nor financially or 20 otherwise interested in the outcome of the 21 action. 22 NOTARY PUBLIC in and for the 2 3 State of Missouri 24 My commission expires 11-22-01 25 1 7494 Ethel Avenue St. Louis, Missouri 63114 2 Phone (314) 644-2191 * Fax (314) 644-1334 3 July 10,1998 4 Latham & Watkins 5 One Newark Center Newark, New Jersey 07101-3174 6 Attn: Christopher DiMuro 7 In Re: Maertin v. Armstrong 8 Dear Mr, DiMuro: 9 Please find enclosed your copy of the deposition 10 of Paul Benignus taken on June 26, 1998 in the above-referenced case. Also enclosed is the 11 original signature page and errata sheets. 12 Please have the witness read your copy of the transcript, indicate any changes and/or 13 corrections desired on the errata sheets, and sign the signature page before a notary public. 14 . Please return the errata sheets and notarized 15 signature page to Craig Turet, One Liberty Place, Philadelphia, Pennsylvania 19103-7396 for 16 filing prior to trial date. 17 Thank you for your attention to this matter. 18 Sincerely, 19 20 Nancy A. Kuncaitis Enel: Transcript 21 Signature page Errata Sheets 22 23 cc: C. Turet C. O'Connor 24 25 Page 54 Witness: Paul Benignus _________ June 26, 1998 Page 53 - Page 54 TOWOLDMONOQ51273 Joan Maertin v Armstrong World Ind. Multi-PageTM '34 - CERTIFICATE Cause No.: L-95-CV 02849 (JBS) Witness: Paul Benignus 1966 [3] 25:3,17 26:4 1967 [2] 27:12 31:18 Anyway [i] 19:1 became p] 9:2 11:5 -A- appear p] 5:19,24 Becloventp] 50:17 '34 [i] 6:20 '35 [i] 7:20 '39 [X] 11:11 '47 m 14:10,15 18:12 21:20 '53 [i] 47:1 '54 [i] 47:1 '55 m 18:13,14 21:20 23:8 '60 [i] 48:25 '67 [i] 25:17 '68 [i] 33:22 -0- 025247 [l] 35:14 02849' [l] 2:4 07101 -3174 p] 3:5 54:5 07102 -5311 [i] 3:18 -1- 1 [l] 26:3 10 [i] 54:3 100 [2] 9:16,18 11-22-01 [i] 53:24 1254 [2] 16:21 18:20 13 [3] 34:19,21,25 1400 [i] 3:7 16 [i] 46:1 19 [l] 11:25 19103-7396 [2] 3:13 54:15 1929 [2] 8:22 47:6 1930 [i] 47:6 1930s [i] 17:18 1933 [i] 6:16 1934 [3] 7:8,19,20 1936 [i] 7:22 1937 [i] 7:22 1938 [3] 8:3 11:11,20 1939 [4] 8:3 11:18,24,25 1940 [2] 11:25 13:2 1940s [i] 18:16 1945 [4] 11:25 13:3 14:6 14:15 1947 [13] 8:10,13 11:19 11:21 14:6 16:18 17:25 18:3,9 19:19 21:4 22:16 22:20 1950s [l] 47:1 1954 [7] 8:24 9:15,21 10:4 18:9 22:17 23:8 1955 [2] 19:19 21:4 1960 [4] 23:20,21 48:25 49:3 1960s [10] 23:17 30:14 30:20 34:6,15 40:7,22 41:10 43:7 48:10 1968 [2] 32:18 33:12 ability[i] 53:12 application [4] 8:3 1969 [7] 35:22 36:15 above-referenced [i] 16:20 37:19 45:9 37:15 38:3 42:9 43:2,22 54:10 applications [12] 9:8 1970 [10] 42:1,10 43:2,22 44:7 45:7,14,16 46:5,22 1974 [2] 7:11 10:5 1977 [2] 45:12,13 1998 [4] 2:13 52:14 54:3 54:10 abreast[4] 8:14 15:16,19 15:21 Absolutely [i] 43:21 accommodate [i] 5:16 according [i] 17:19 accounting [i] 43:5 9:17 11:12,21 12:11,22 13:17 14:2 21:2,19 22:8 22:22 apply [2] 15:4,18 approach p] 38:15,20 38:23 approached [l] 31:9 ________ -2 acid[i] 17:12 action [2] 53:16,21 area pi] 11:12 22:17 23:22 33:9 34:9,17 36:20 2 [3] 25:24 26:1,3 active [3] 17:13 33:25 37:1,2,4 38:2 begin [i] 15:23 behalf [3] 4:12 13:7 46:21 beings [i] 31:20 Belgium [i] 29:7 Belleville [i] 2:16 benefit [i] 9:15 Benignus ps] 2:11,15 4:10,17,23 5:17 6:14 20:13 24:6,16 26:2 27:12 31:18 34:22 37:7 42:5,8 46:1 47:24 50:11,15 51:9 52:3,24 54:10 21 [2] 32:2 46:5 51:2 armp] 48:20 best [9] 13:6,12 23:5 215 [l] 3:14 activity [i] 26:21 Armstrong [ii] 2:6,22 33:22 39:12,22 45:4 46:12 21927 [i] 3:8 22 [i] 46:5 25 [i] 7:16 26 [2] 27:12 54:10 26th [i] 2:12 27420 [i] 3:8 ________ -3 additional [i] 7:1 3:10 4:18 6:9,10,11 47:18 53:12 additives [4] 23:15,16 23:22 24:1 49:16,18 54:7 between [12] 2:13 4:2 Aroclorp] 13:21 16:21 11:1.1,18,20 13:2 14:6,14 addressed [6] 26:7 29:14 29:23,23 32:22 46:14 18:20 19:20,24 20:23 28:11 37:17 addressing [i] 36:24 administrative [i] Aroclorsp] 20:9,21 arranged [i] 46:11 33:16 arranging [i] 46:20 17:5 18:9,12 22:16 biodegrade [i] 44:10 biologically [i] 17:14 biology [i] 33:2 biphenyls p] 6:6 16:21 admitted [i] 5:25 article [i] 49:7 bit p] 11:22 23:3 3 [3] 27:10 35:7,10 adventp] 13:7 14:23 artsp] 6:16 bottom [i] 35:17 300 [i] 3:7 affected [2] 17:11,12 assigned p] 10:20 15:9 bought [i] 39:6 314 [2] 54:2,2 378-5267 [l] 3:9 _______ :44 [2] 1:3 36:5 40 [2] 7:13,15 47 [l] 2:15 -5 50 [2] 1:3 39:22 5460 [3] 13:21 20:23,24 afternoon [2] 2:14 4:17 assignment p] 8:14 Boxp] 3:8 again [5] 11:23 29:15 28:19 brand-new [i] 31:2 32:18 41:7 48:25 against [3] 13:19 15:2 43:8 age[i] 4:11 agO[i] 39:23 associated [3] 31:10,20 38:6 assume[4] 27:16 36:12 39:14,18 assumed [6] 7:19 16:5,8 16:10,18 18:1 break p] 5:14 50:8 breakdown [i] 15:2 broad [i] 12:23 Brussels [4] 29:6,10,12 29:13 agreed [2] 4:1 28:23 assumption [2] 39:14 Buchanan [io] 23:25 ahead [4] 11:18 23:6 25:9 39:17 24:1 26:7,8,9 29:14,19 42:21 attachment [i] 32:3 33:11,13 34:1 al[2] 2:4,22 Alabama [i] 13:9 attention [4] 44:17 54:17 27:22 35:16 business [5] 36:25 45:2,7 29:11 32:17 alkali [i] 17:13 Attnp] 54:6 -6 allow [i] 45:15 attorney [2] 4:18 53:18 -c- 60 [2] 13:24 18:21 allowed [i] 45:14 August [4] 7:8,19 35:22 C [3] 3:1 54:23,23 63114 [l] 54:1 almost [i] 7:16 51:1 capacitor [4] 30:18,21 639-7298 m 3:5 along [i] 41:18 available [i] 5:24 30:23 31:4 644-1334 [i] 54:2 644-2191 [i] 54:2 always [i] 11:17 American [4] 2:8,24 3:15 48:17 Avenue [i] 54:1 aware [6] 17:24 19:17 28:16,20 38:3 49:11 capacitors [6] 30:10,11 37:19 39:7 45:21 49:24 card[i] 9:24 __________ zh 7 [i] 32:1 7494 [i] 54:1 _______ -Jt 89 [l] 51:1 -9 910 [l] 3:9 973 [i] 3:5 979-1000 [i] 3.14 among [i] 48:23 career p] 9:23 29:3 amount p] 7:3 39:6 -B- Carolina [i] 3:8 analytical [io] 7:20,24 bachelor [i] 6:16 Carolyn p] 3:17 50:2 10:10,15,17 11:3,5 13:4,5 13:13 analyzed [i] 10:17 Anniston p] 9:6 13:8 answer [26] 5:2,7 20:13 20:18 21:12 25:20 29:22 background [i] 6:15 badly [i] 15:1 ballooned [i] 44:13 bands [3] 17:9,9,16 basep] 22:3 case [4] 4:20 5:23 19:12 54:10 casting p] 20:25 21:11 CC[i] 54:23 CC'd[i] 28:17 cellulose [2] 17:20 18:3 31:22,23 32:25 36:19,21 37:7,14 39:5,20 40:11,25 based[i3] 10:10,11 11:16 11:17 18:23 19:2,4,5,14 Centerp] 3:4,18 54:5 41:1,23 42:21,22 43:16 21:21,25 35:21 43:9 certainly [6] 43:5 46:9 45:19 48:13,14 basis [i] 44:9 47:10 48:22,23 49:13 answered p] 37:21 39:9 Bates [l] 35:12 anyhow [i] 44:24 CERTIFICATE [i] 53:1 Index Page 1 TOWOLDMONOQ51274 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (IBS) Multi-PageTM certify - evidence Witness: Paul Benignus certify [2] 52:3 53:9 conform [i] 10:19 datep] 54:16 dioctyl [i] 45:22 early p] 17:17,18,24 chairman [i] 48:17 confusion [2] 28:1,6 dated [2] 46:4,22 diphenyl [i] 28:10 economics [i] 39:8 change [i] 34:4 Congress [i] 45:15 David [i] 28:25 diphenyls [i] 31:11 EDELMAN [i] 3:17 changes p] 52:5,9 54:12 connected [4] 8:1 14:4 Davidson [8] 3:7 18:6 direct [4] 27:22 28:19 edema [4] 24:9,10,13,18 charge p] 23:15 24:1 25:2 37:1 23:2 34:20 47:17 49:6 35:5,16 education [2] 6:18,25 44:18 connection [i] 46:20 50:2,5 direction [i] 53:14 educational [i] 6:15 check [3] 10:18 13:14 consist [i] 12:11 days [2] 17:17 40:19 directly [4] 8:19 25:2 Effect [i] 30:17 14:5 constants [2] 10:23 deal[i] 11:14 29:19 47:3 effects [i] 31:13 chemical [3] 7:25 8:7 28:8 13:15 contact p] 40:16 41:6 dealings [i] 46:23 dealt [i] 47:5 director p] 36:6,11 effort [4] 16:4 35:19 discontinuing [i] 43:24 36:16 37:3 chemicals [6] 7:8 8:5,18 containing [5] 20:9,21 12:2,7 14:18 36:17 37:5 38:21 chemist p] 10:10,15,17 contamination [2j 11:3 13:5 34:12 38:5 chemistry [2] 6:17,23 context [i] 34:5 chemists [i] 7:21 continue [2] 9:18 47:21 chick [4] 24:8,10,13,18 continued [3] 35:20 Dear [i] 54:8 decay [i] 13:19 December [i] 26:3 decision [2] 45:2,4 declare [i] 52:11 defendant [6] 3:2,10,15 4:3,12,19 discovered [i] 8:21 discovery [i] 47:6 discussed [4] 13:14 30:25 36:1 44:6 discussion p] 25:14 43:6,23 discussions [8] 28:13 eight [x] 2:13 either [i] 34:2 electric [3] 8:20 15:9 47:5 electrical [233 8:15,19 9:2,7,10 22:12,13,15,22 31:11 37:18 38:24,25 39:2 chloride [3] 18:10,15,17 36:16 37:4 Defendants [2] 2:9,25 chlorinated [3] 18:22 28:10 31:10 control [4] 7:23,24 11:5 11:6 definitely [i] 5:3 31:19 32:21 33:7 44:3,5 48:10 49:9 distribution [3] 27:15 40:17 41:5 45:6,8,16,17 47:11 48:16,19 Electro [1] 48:21 Chris [3] 31:25 34:18 convenience [i] 6:4 degradation [X] 15:2 33:20 34:23 Electronic [i] 48:19 45:25 conversations [i] 24:16 degrade [i] 14:24 District [4] 2:1,1,20,21 eliminate [2] 27:25 28:6 Christopher [2] 3:4 54:6 cooperated [i] 47:8 degree [3] 6:16,20 7:3 division [24] 7:8 8:6,8 ELSER[i] 3:17 circulation [i] 32:8 clarify [i] 39:9 Clark [2] 8:20 47:4 coordinated [i] 16:4 copied [i] 27:20 copy [S] 26:1 28:15 32:8 dentures [2] 20:22 21:1 department p] 8:17 12:1,4,6,18 14:19 15:14 33:16 43:5 8:11,11,13,18,25,25 9:5 11:20 12:2,7 14:10,11,13 15:8,14 22:5,20 23:8,11 24:3 35:18 elsewhere [i] 15:18 emphasize [2] 10:6 28:7 employed [4] 7:7,9 clearp] 18:19 30:9 41:8 54:9,12 departments [i] 9:3 division's [i] 14:18 53:15,18 close [2] 40:16 41:6 Cork[i] 6:11 deposed [i] 4:22 divulge [i] 24:17 employee [l] 53:18 coating [3] 18:11 19:9 20:10 comer [i] 26:16 deposition [io] 2:11 4:3 document [12] 25:23 Corporation [i] 44:18 5:12 52:4,6,10 53:8,10,16 26:2,13 27:9,13 31:24 employees p] 49:16,18 employment [2] 33:6 coatings [i] 19:5 correctp] 21:24 28:12 54:9 32:11 34:24 35:23 42:18 35:21 collars [2] 17:22 18:3 31:23 37:16 41:12 52:8 describe [2] 12:15 15:12 42:20 46:3 emulsion [3] 19:23 20:3 College [i] 6:17 combination [i] 18:20 combustion [i] 20:17 comingp] 16:3 22:10 49:19 52:12 corrections [l] 54:13 correctly [i] 37:23 corrosive [i] 19:6 cotton [2] 14:21,25 desired [i] 54:13 develop [2] 15:12,15 developed [5] 13:18 14:20 15:3,6 19:24 development [6] 12:1,4 documents p] 16:11,16 20:5 19:12 25:16,21 32:21 42:8 Encl[i] 54:20 doesn't [i] 17:11 enclosed [2] 54:9,10 doings [i] 25:12 enclosxxre [i] 26:12 dollar[2] 42:10 43:3 end[i] 45:23 commapj 31:15,15 counsel [5] 4:2,2 43:13 12:6,17 14:18 15:14 done [7] 12:7 13:6 22:24 ended [i] 12:14 commission [3] 48:21 53:14,18 DICKER [i] 3:17 24:22 39:22,25 51:9 Engineers [i] 48:19 52:20 53:24 country [i] 15:17 die[i] 21:10 door[i] 34:3 enlarges [i] 50:18 committee [4] 38:4,10 COUNTY [2] 52:2 53:4 dielectric po] 8:22 9:8 double^] 14:5 Entirely [i] 27:2 38:14 44:19 couple [3] 10:8 49:14 9:16,19 21:6,8 22:5,17,25 doubt [2] 28:8 38:8 entitled [i] 46:4 communications [2] 50:10 26:24 30:9 31:6 37:2,4,5 down [2] 5:18 31:7 43:12,15 Company [7] 2:8,8,23 2:24 3:2 6:11 8:20 course [3] 33:5 46:25 49:14 courses [i] 7:2 37:24 38:2,22 40:4,5,7,22 Dr [7] 8:16 9:4 36:5,7,10 41:10 42:11 43:4 47:9,14 36:12 47:2 47:19 48:9 49:22 drill [i] 4:25 compile [2] 38:20 42:14 compiled [2] 16:12 42:12 completely [4] 5:2 17:14 43:25 45:12 comprehensive [2] 46:16,17 concentrated [i] 22:12 concern [2] 25:12 31:20 concerned [4] 38:1,1 41:20 44:25 court [6] 2:1,20 5:18 25:23 27:9 37:10 Craig [8] 3:12 4:17 23:2 41:11,12 47:17 51:8 54:15 created [l] 38:4 cuffs [2] 17:20 18:3 curiosity [i] 20:20 customer [i] 49:23 customers [7] 40:7,22 41:10 42:11 43:4 47:15 48:9 dielectrics p] 9:25 10:2 10:4 27:2 36:21 39:2 40:13 47:2,4 differ [X] 11:8 different [3] 15:22 36:6 36:9 differentiating [i] 17:5 difficult [i] 21:14 DiMuro [49] 1:3 3:4 9:11 16:7 18:12 20:12 23:23 24:15 25:8,19,25 27:6,11 28:2 29:21 31:14 32:2,5 Drive [i] 2:16 drivings] 37:8 drugs [i] 6:23 DUANE [i] 3:12 duly[i] 53:10 during [19] 11:2,14,16 12:19 13:9,16 14:3,20 18:8 19:19,22 20:8,20 21:4,20 22:4 23:6 47:15 48:9 duties [2] 46:24 49:15 environment [5] 24:23 25:18 43:9 46:14 48:11 environmental [2] 38:5 40:8 environmentalists p] 44:8,25 environments [i] 19:6 equipage [i] 14:21 errata [4] 54:11,13,14,21 Escambia [i] 34:12 essential [2] 37:18 45:9 Essentially [i] 11:10 established [i] 47:7 Estate [i] 2:3 concerted [3] 35:19 cut[i] 28:24 32:24 35:12,15,25 36:8 etp] 2:4,21 36:15 37:3 36:18 37:6,13 38:7 39:4 -E: Ethel [i] 54:1 conducted [i] 12:8 conducting [i] 5:12 cones [i] 19:9 -Ddamn[i] 51:6 39:25 40:10,23 41:11 42:2 42:4,13,17 43:10 46:2 E [2] 3:1,1 everybody [4] 22:12 33:23,23,24 47:16,20,24 48:4,12 50:7 50:10,14 51:7 54:6,8 eagle [4] 49:2 32:20 44:14 49:1 evidence [i] 16:11 Index Page 2 TOWOLDMONOQ51275 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (IBS) Multi-PageTM exactly - Louis ________________________________ Witness: Paul Benignus exactly [3] 10:24 11:1 30:10 38:22 39:11,13 40:1 40:13 47:2 inert [2] 17:14 44:12 kept [3] 38:23 39:6 41:6 45:9 40:2 happy [2] 5:6,16 inferring [i] 41:22 kidsp] 17:3 EXAMINATION m follows [1] 4:13 hard[i] 5:13 inform [i] 25:11 kind [2] 16:16 17:3 4:15 50:13 foregoing [4] 52:4,12 harmless [i] 45:17 information [5] 38:20 kinds [2] 12:22 19:21 examined [2] 2:12 4:12 53:8,10 hat [3] 17:9,9,16 42:12,16,20 43:3 knew [7] 16:20 21:23 example [i] 21:11 forenoon [i] 2:14 hats [2] 17:10,16 informing [l] 16:2 22:12 44:5 48:14,15 49:2 exclusively [i] 37:17 Excuse [2] 30:2 38:19 excused [i] 51:11 Executed [i] 52:13 form [20] 16:11 20:12 25:8,19 29:22 32:24 35:25 head[i] 8:17 36:18 37:6 38:7 39:4 health [2] 31:13 50:23 40:10,23 42:2,13,17 43:10 hear [12] 4:20 5:4,13 14:8 47:16 48:12 52:5 15:23,24 24:10 25:7,10 inhalant [i] 50:17 inorganic [i2] 8:11,12 8:17,24 9:5 11:19 14:11 14:13 15:8,13 22:4,20 knowing [i] 16:24 knowledge p] 29:19 49:22 known [7] 6:10 20:25 executive [i] 44:19 formal [i] 6:24 30:20 39:16 44:23 input [i] 38:16 40:12,15 41:2,4,16 Executrix [i] 2:2 existed [i] 20:19 existing [i] 12:12 exiting [i] 45:11 expected [i] 5:2 experience [i] 49:18 expires [2] 52:20 53:24 exposed [i] 19:11 formerly [i] 6:10 heard [16] 5:8 14:9 17:16 inquiry [i] 47:21 formulation [4] 13:18 13:20 14:1 15:6 24:24 25:3,4,13 30:8 31:21,22 32:13 33:1,4 38:8,10 47:25 forth [4] 44:12 19:7 33:10 36:24 hearing [4] 34:11,14 23:4 24:7 instance [i] 20:2 Institute [i] 48:19 instruct [2] 43:11,14 interact [i] 47:14 found [6] 15:18 27:4 44:14 45:20 49:1,2 frame [4] 31:19 42:10 43:2,23 Heat [i] 39:13 interacted [i] 48:22 HECKSCHER [i] 3:12 interaction [i] 29:5 held [3] 10:9 46:11,13 interest [4] 12:21 16:1,2 22:21 Kuncaitis[4] 2:17 4:4 53:5 54:20 -L- L-95-CV [i] 2:4 L.L.P[i] 3:6 lab [5] 7:23 10:10,15 11:3 11:6 laboratories [i] 7:21 expressly [i] 4:7 Frank [2] 8:20 47:3 HELMS [i] 3:6 interested [i] 53:20 laboratory p] 8:4 12:5 extent [4] 12:13 16:14 24:15 43:11 front [i] 44:15 extinguishers [2] 20:15 full-time [i] 7:5 20:17 functional [5] 26:22,23 39:11,12 40:2 -F-_______ fungicide [i] 17:13 furniture [i] 17:7 F [l] 3:12 facets [i] 23:12 facility [3] 29:10,10,11 factories [i] 19:7 Fairp] 16:16 fairly [i] 51:2 -G- gapsp] 10:9 Gateway [i] 3:18 GE[9] 45:21 46:7,13,16 46:21,24 47:5 48:14 49:2 hereby [4] 4:1 52:3,10 53:9 highly [i] 45:8 highways] 19:13 hold[i] 45:16 homep] 2:15 hot[i] 51:6 International [i] 48:21 lacquer [7] 16:24 17:2,6 invent [i] 47:9 17:8 18:5 22:2,3 inventory] 8:21 47:4 latepj 43:7 investigation [i] 28:9 Latham [2] 3:3 54:4 invited [i] 8:12 lawful [i] 4:11 involved [3] 27:19 29:20 lawsuits [i] 43:8 30:1 lead [2] 17:2,3 hour[i] 45:21 involvement [2] 30:4,5 leakage [i] 34:15 hours [i] 2:13 involving [i] 14:2 learned [X] 24:21 human [i] 31:20 issue [5] 29:20 32:22 least [i] 32:8 hydraulic [4] 21:10 34:7 37:24 38:2 46:14 34:15 39:13 issues [i] 38:5 left [4] 8:11 14:10 31:15 31:16 fall[i] 38:3 general [4] 8:20 25:14 hydrolyze [i] 17:11 Lester [i] 21:10 familiar [i] 4:25 38:15 47:5 hygiene [i] 33:3 -J- letter [13] 26:4 27:13 far [7] 21:22 31:21 37:25 38:1 41:20,23 47:22 Farther [i] 31:7 Fax[i] 54:2 few[i] 35:5 filed [i] 43:8 filing [i] 54:16 fill [i] 10:8 final [i] 49:14 financially [i] 53:19 finding [2] 15:25 24:22 findings [i] 33:8 Fine[i] 50:24 finish [2] 21:12 24:12 finished [4] 39:20,22,24 47:23 fire [6] 20:10,11,14,15,17 30:11 first[io] 7:19 16:14,19 26:15 27:23 28:3,4 30:8 35:17 46:13 flip [2] 23:6 26:11 Florida [i] 34:12 fluid [6] 21:10 34:7,15 37:5,24 39:13 fluids [9] 26:22,23,24 generally [i] 36:14 generated [i] 22:7 George [i] 23:25 Gerard [i] 3:7 given [i] 25:25 golf[i] 51:3 gone [2] 23:19 34:2 Good[i] 4:17 government [i] 13:10 GR[i] 26:7 Greene [i] 3:7 Greensboro [i] 3:8 hygienist [2] 33:10 38:13 ________ : i.e[i] 28:10 identified [i] 48:11 Illinois [3] 2:16 6:17 13:11 important [3] 13:12 14:22 46:19 Inc [3] 2:7,23 3:11 include^] 12:8 15:6 26:23 30:10 Januaryp] 27:12 46:4 JBS[i] 2:4 Jenkins [3] 8:16 9:4 47:3 Jensen [2] 31:8,14 Jersey [S] 2:1,21 3:5,18 54:5 Joan [3] 2:2,3,21 job [5] 9:21 10:16 30:24 46:24 47:13 Jr[i] 3:7 judgment [i] 44:20 July[i] 54:3 group [7] 23:15 24:4,5 26:22,23 27:1 33:16 included [5] 27:15 38:11 jumped [i] 11:18 39:11 40:1 44:7 June [4] 2:136:16,20 guarantee [i] 37:20 INDEX [i] 1:1 54:10 guess [5] 5:4 11:22 34:2 42:5,6 guessing [i] 42:3 indicate [2] 5:8 54:12 indicated [i] 11:11 individually [i] 2:4 -K- keep [7] 5:11 6:8 8:14 guym 47:12 industrial p] 33:3,10 15:16,19 16:5 39:1 38:12 keeping [l] 15:21 -H- industries [7] 2:6,23 Keller [9] 25:24 26:1,3 H[i] 3:7 3:10 4:19 6:10 15:17,22 handed [i] 34:24 industry [13] 9:10 15:25 handledp] 8:18 9:7 47:3 22:13 37:18 38:24 39:3 40:17 41:5 45:8,17 46:22 handlings 9:9,16 47:11 48:16 27:10 32:1 34:19,20,25 46:1 Kelly [3] 36:5,7,10 Kelly's [i] 36:12 28:17,22,25 29:14 30:1 30:16 40:21 41:13,15,21 41:25 letters [6] 40:6,14,24 41:9 41:14,17 Liberty [2] 3:13 54:15 light [i] 32:19 lines [2] 39:10 41:18 list p] 26:16 32:8 34:23 listed [l] 16:17 listing [i] 32:7 lists [i] 16:12 live[i] 6:1 LLP [i] 3:12 located [i] 29:6 locations [i] 46:17 logical [2] 39:15,17 London [2] 29:6,12 longer [2] 9:7 33:18 look [4] 32:12 35:1,3 46:18 looking [3] 30:16,22 36:5 lost [3] 11:22 20:25 48:3 Lotharp] 2:3 Louis [9] 9:6 10:11,12 11:16,17 26:7 49:19 53:4 Index Page 3 TOWOLDMONOQ51276 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-Page TM lubricant - professor Witness: Paul Benignus 54:1 Mineral [3] 2:8,24 3:15 53:6,23 54:13 outside [i] 38:25 person [i] 9:23 lubricant [i] 39:18 minor [i] 6:17 Note [i] 37:13 outstanding [i] 5:15 personally [i] 31:9 lungs [i] 50:19 minute [i] 50:6 nothing [9] 24:20 27:2 overall [2] 7:9 50:23 perspective [i] 17:18 missed [i] 24:11 28:20 30:25 32:14,17,20 oversee [i] 22:6 Philadelphia [2] 3:13 -M- Missouri [5] 2:19 53:2,7 44:23 45:18 own [2] 2:4 42:15 54:15 M[i] 3:4 machinery [l] 21:11 Maertin [5] 2:2,3,3,21 54:7 major [2] 6:17 47:14 man[i] 23:21 management [i] 44:20 manager [3] 9:25 10:1,3 manufacture [i] 43:24 manufactured [4] 7:25 10:18 13:8,10 manufacturer [i] 30:18 manufacturers [2] 30:21 31:4 marked m 25:24 26:3 market p] 20:1 45:11,22 marketing [S] 9:25 10:1 10:3 15:24 26:21 marking [2] 19:8,18 markings [i] 19:10 master [i] 6:20 master's [i] 7:6 53:23 54:1 now [15] 2:19 8:10 9:1 Phoenix [i] 21:10 misunderstand [i] 22:18 misunderstood [i] 40:20 mixed [i] 20:24 moment [i] 23:6 11:11,18 14:11 15:8 16:25 27:4 34:5 35:2 42:25 -P- 44:14 50:16 51:5 P[3] 3:1,1,8 number [l] 35:13 Pacific [i] 14:25 numbered [2] 35:9,10 page [16] 1:1 26:11,15 nylon [i] 14:23 27:23 28:3,3,4 30:16 35:7 35:10,10 36:5 54:11,13 Phone [i] 54:2 phthalatepj 45:23 physical [2] 10:22 13:14 pick [l] 11:24 picture [1] 16:15 place p] 3:13 43:1 54:15 Monsanto [4i] 2:8,23 3:2 7:7,9 9:24 10:11 13:11 -o- 22:7,24 23:14 24:7,19 O [i] 3:8 29:10 30:20 31:19 32:22 33:6,18 34:16 35:21 41:9 o'clock [2] 2:13,14 54:15,21 pages [2] 35:9 44:16 paint [io] 19:8,13,14,21 19:23 20:4,6,10,11,15 Plaintiff [l] 4:2 Plaintiffs [2] 2:5,22 plant [4] 7:23,23 11:6 34:16 41:9,21 42:9 43:1,6,9,13 43:24 44:16,18 45:13 46:18 47:10,15 48:9 49:3 49:12,15,23 Monsanto's [2] 8:10 45:24 MOORE [i] 3:6 MORRIS [i] 3:12 MOSKOWITZ [i] 3:17 move[i] 8:8 moved [8] 8:10,24 9:5 11:19 15:8 23:7,17 29:13 O'Connorp] 3:17 50:3 54:23 objectps] 20:12 25:8,19 29:21 32:24 36:18 37:6 40:10,23 42:2,13 43:10 44:22 47:16 48:12 objecting [i] 44:8 objection [5] 35:25 37:13 38:7 39:4 42:17 obtain [i] 43:3 obvious [i] 17:6 obviously [2] 12:21 21:9 paints [9] 18:23 19:2,4,5 19:14,18,22 21:21,25 paragraph [4] 27:23 28:2 31:7 35:16 part [2] 46:23 47:13 participate [i] 38:9 participation [i] 31:5 particular [i] 9:21 particularly [i] 17:9 parties p] 53:15,19 patent [i] 47:7 plasticized [l] 17:15 plasticizer p] 12:21 16:22 18:10,17,23 19:25 21:15 plasticizers p] 21:17 21:18 play [2] 51:3,3 plural [i] 41:18 point [2] 19:22 37:21 Politely [X] 49:8 pollution [2] 40:9 46:4 materials [3] 22:3 44:12 MS [l] 50:3 48:18 MULLISS [i] 3:6 matterp] 30:17 44:7 occasion [4] 4:23 22:23 patented [i] 8:23 29:2 49:15 paths [i] 15:10 polychlorinated [4] 6:5 13:23,25 16:21 occurrence [i] 24:8 Paul [6] 2:11,15 4:10 52:3 polyester [i] 14:23 54:17 may [5] 4:3 28:7 33:14,14 -N- October p] 8:10,13 52:24 54:10 14:10 32:2 33:12,22 34:1 PC[i] 13:21 polyvinyl p] 18:10,15 18:17 43:15 N[i] 3:1 off [2] 28:24 50:5 PCB [18] 9:16,18 13:21 positional] 7:18 11:9 mean p] 10:22 20:14 25:21 28:24 35:24 media [i] 44:15 medical p] 20:22 36:5 36:11 medication [i] 50:20 medications [i] 50:15 medicinals [i] 6:24 meetings 46:7,10,13 46:16,19,24 48:8 meetings p] 33:6 49:11 49:19 memo [4] 31:1 32:3 46:3 46:8 men [i] 12:5 men's [2] 17:21,23 rnensp] 18:2 mention [i] 17:23 name [io] 4:17 16:22 18:24 23:22,23 32:7,13 33:4 34:22 52:10 offhand [i] 42:3 office [i] 29:11 20:9,21,24 21:9 34:12 37:5,17 38:16,17,18,21 44:23 45:20 46:4 47:4 16:5,8,10,18 18:1,8 22:23 23:14 45:7 positions [i] 10:9 names [i] 26:17 officer [i] 53:7 PCBs [49] 6:5 8:15,19,21 positive [X] 41:24 Nancy [4] 2:17 4:4 53:5 54:20 necessary [i] 52:7 need [2] 5:13 15:1 neither [i] 53:14 never[8] 10:2 20:1 26:14 31:22 35:1,2 36:1,1 new [io] 2:1,21 3:5,18 7:21 12:8,10,11 30:6 54:5 oil[5] 23:15,16,22 24:1 33:15 old[i] 50:25 8:24 9:10 11:2,14 12:25 13:3,5,7,17 14:3 15:6,10 15:18,22,25 16:6,13,17 possibility [i] 43:8 possible [2] 6:9 31:12 once [2] 11:5 15:8 16:20 17:11 18:9,19 19:20 postgraduate [i] 7:1 one [29] 3:4,13 4:23 15:23 15:24 16:15 17:1,23 18:4 18:24 21:11,22,24 24:10 25:10 26:3 28:16 29:25 30:3 32:7 38:10 39:15 19:24 20:15 21:17 22:5,8 22:13,25 24:23 25:18 29:20 31:20 36:17 38:6 40:9 43:4,9,25 44:8,11 46:14 47:9 48:10 40:13 41:23,25 43:2 50:17 penalty [i] 52:11 potential [2] 38:5 40:8 precluded [2] 42:24,25 predominant [i] 21:22 present^] 3:11,16 46:10 preserve p] 13:18 14:20 Newark [5] 3:4,5,18 54:5 54:5,15 pencils [3] 17:2,4 18:5 pretty [3] 17:2 21:23 51:6 54:5 onesp] 21:3 pending [i] 2:19 principally [i] 30:13 Newcomep] 23:13,21 open [i] 12:14 Pennsylvania p] 3:13 privileged [i] 43:13 news [2] 28:9 44:15 opportunity [i] 22:6 54:15 problem [2] 23:4 46:4 nitrocellulose [8] 16:23 organic [20] 6:21,22,23 Pensacola [i] 34:16 problems [i] 38:17 16:23 17:4,8,15,20,22 7:7 8:5,7,11,25 9:6 12:1,2 people [14] 15:17,24 process [i] 20:25 mentioned [4] 18:21 21:4,21 33:17 merely [i] 25:4 metal [i] 19:6 Metcalf [i] 2:16 might [2] 19:11 52:7 military [2] 14:22,25 mills [i] 15:4 22:2 nobodyp] 22:9,10 25:11 non [13] 8:15 9:2 15:9 21:6,8 22:5,11,14,17,22 22:25 31:11 45:6 none [2] 28:15 31:21 nor [2] 53:15,19 North [2] 3:7,8 12:4,6,7,17 14:10,18 23:8 23:11 35:18 organisms [i] 13:19 organization [i] 28:19 organized [i] 46:15 original [i] 54:11 originally [i] 9:1 otherwise [i] 53:20 30:20,23 36:2 38:14 41:21 produced [2] 2:12 4:11 44:16,18,22 46:18,21 47:8 48:15 produces [i] 35:18 percent [4] 9:16,18 13:24 product [2] 19:25 39:10 18:21 products [ii] 10:17,20 perhaps [3] 39:14 40:20 48:24 12:9,10,12 19:20 20:22 35:19 36:17 38:16,18 period [7] 19:3 20:8,20 21:4 23:7 35:22 41:14 Professional [3] 2:17 4:5 53:6 mind p] 16:25 36:4,13 minds [i] 36:2 notarized [i] 54:14 ourselves [i] 48:23 notary [6] 2:18 4:4 52:18 outcome [i] 53:20 perjury [i] 52:11 professor p] 32:23 33:2 33:7 Index Page 4 TOWOLDMONOQ51277 Joan Maertin v Armstrong World Ind. Multi-PageTM profitable - thumbnail Cause No.: L-95-CV 02849 (JBS) Witness: Paul Benignus profitable [i] 35:19 related [S] 25:17 28:13 rubber p] 18:23,23 19:2 sojourn [i] 7:15 substance p] 10:4,6 prohibited [i] 22:9 40:7 43:7 53:15 19:4,5,14 21:21,25 sold [2] 33:17 45:16 52:6 protect [4] 15:1 35:20 36:16 37:4 relative [i] 53:17 release [i] 28:10 -s- someone [i] 15:25 sometime [i] 42:1 such [8] 9:24 15:3 19:6 20:19 40:14,21 52:5,9 PRR[i] 35:14 relevance [i] 47:18 S[l] 3:1 sometimes [i] 5:13 Suite [i] 3:7 public [6] 2:18 4:4 52:18 remain [i] 23:18 53:6,23 54:13 remained [i] 10:3 publicized [i] 44:13 remember po] 16:17 pull [5] 25:23 27:10 31:25 23:24 24:6,21,25 25:16 sales [9] 14:18 35:20 36:16 37:4 38:21 39:2 42:11,19 43:4 salesman [i] 26:20 somewhere [i] 25:4 soonp] 45:20 sorry [5] 7:14,18 21:12 22:16 28:24 supervisor p] 23:10,18 23:20 29:17 33:11,21,23 supply [i] 13:12 support [i] 20:16 34:19 45:25 purpose [3] 16:2 17:6 31:4 pursued [i] 47:10 put [4] 8:23 16:13 17:18 42:9 -Q- 27:17 28:13 32:21 33:5 34:11,14 40:21 41:4 43:6 43:22 44:2,4 46:7 48:8 removable [i] 17:22 render [i] 52:7 repeat [3] 5:6 37:9 43:17 rephrase [i] 5:6 replaced p] 22:3 23:21 salesmen [i] 10:7 sortpj 48:2 saw [2] 35:2 36:1 source p] 42:16,19,23 says [5] 27:25 28:23 31:8 31:14 35:17 school [i] 17:3 science [i] 6:20 scientist [i] 24:22 sources [l] 13:11 South [i] 14:25 speak p] 23:3 49:16 specific [8] 8:14 13:16 15:10 28:14 41:13 42:10 sea[4] 32:19 44:14 49:1,2 43:3 48:8 suppose [i] 31:23 supposed [i] 27:5 sustain [i] 20:16 sweat [i] 17:12 Sweden [6] 24:22 29:20 30:17,19,21,23 swimpj 51:3 sworn p] 2:12 4:11 53:11 QUESTIONERS m 1:1 replacement p] 37:20 45:20 second [5] 26:11 27:22 28:2 30:16 35:16 specifically [4] 12:15 20:23 33:5 44:2 synthesis pj 6:21,22,23 system pj 14:20 15:1 questions [13] 1:24:16 reportpj 23:12 25:17 see [6] 10:18,20 16:10 specifications pj 10:19 20:6 5:1 9:12 27:8 31:24 43:20 reporter^] 2:18 4:5 5:19 22:23 27:3 42:8 10:22 49:14 50:1,3,11,14 51:8 quite [i] 31:12 25:23 27:9 37:10 43:18 53:1,6 reports [4] 22:7,24 24:8 seeing p] 22:9 25:16 secmm 47:20 spectrum [i] 12:23 -T-* [i] speculate p] 5:4 42:6 T-O-R-N-I-S-I-T-E -R- 40:8 representing p] 4:18 selectedp] 13:20 15:18 spell [i] 18:25 19:25 Spirits [3] 2:8,24 3:15 [i] 19:1 taking [i] 9:9 R[i] 3:1 46:16 send [3] 40:13 41:3,21 split [i] 9:2 technical p] 9:23 48:21 RA[i] 26:19 request [i] 13:10 sentp] 41:5 spoke [i] 22:1 technologist pj 33:24 raised [i] 30:18 research [8] 8:4,179:6 sentence [i] 35:17 SS[i] 53:3 technology pj 10:731:6 rather [i] 35:6 11:12,21 22:6,8,24 sentences [i] 35:6 St [9] 9:6 10:11,12 11:16 31:6 Rep] 54:7 researchers p] 22:7,25 separate p] 27:1 34:9 11:17 26:7 49:19 53:4 telephone [i] 5:12 read [13] 27:18 28:12,20 reserved [i] 4:7 September p] 35:22 54:1 Telephonically pj 35:7 37:11,12 43:18,20 resin [i] 14:1 48:1,5,6 52:4 54:12 resistant p] 19:10 30:11 reading p] 27:20 28:5 responded [i] 33:24 ready [i] 6:18 responsibilities [6] really [3] 18:7 36:24 42:7 10:16 11:8 12:3 34:6,7 36:15 series p] 5:1 35:18 served [i] 48:16 several p] 9:3 31:10 sheer [i] 20:20 stability [i] 17:10 3:11,16 stable [i] 44:11 telling [i] 19:17 started p] 7:22 9:1 tennis [i] 51:3 starting [i] 7:8 tenure [i] 47:15 State [5] 2:19 52:1 53:2,7 terminate p] 45:14,15 reason [3] 5:22 14:19 47:13 40:16 responsibility [i] 9:9 recalled [i] 40:24 rest[i] 46:21 received [4] 7:5 28:15 resulted [i] 45:11 35:1 36:3 retardant p] 20:10,11 recognize p] 26:6 34:22 20:14 recollection [4] 13:6 38:15 41:25 46:12 record [3] 38:23 39:6 50:5 records [i] 39:1 reduced [i] 53:13 referp] 6:4,9 24:13 retired p] 7:11,12 9:20 retirement [i] 7:16 return [i] 54:14 reveal p] 43:12,14 right [15] 2:4 4:20 7:17 11:23 13:24 14:16,17 16:25 22:21 29:1 30:11 reference [i] 31:8 35:2 37:25 50:15 51:5 references [5] 19:13,14 19:15,16 42:8 referring [3] 6:5 25:5 41:22 right-hand [i] 26:16 Risebrough p] 32:13 32:23 33:2,4 49:6 Risebrough's[i] 33:7 refers [l] 35:23 reflected [i] 46:8 refractory [i] 44:10 refresh [i] 16:25 Registered [3] 2:17 4:5 53:5 regular [i] 46:23 River [i] 34:12 road [3] 19:8,9,18 roll[i] 9:13 rotter [i] 13:19 roughly [4] 24:25 25:1,2 47:1 routine [i] 13:15 sheets [4] 54:11,13,14,21 shirts [3] 17:21,23 18:2 short [i] 6:8 shortly [i] 32:18 show[i] 46:1 showed [i] 15:4 showing [i] 42:21 shown [2] 26:2 46:3 Si [i] 23:12 signp] 54:13 signature p] 4:6 54:11 54:13,15,21 significance [i] 9:4 significant [i] 8:16 Sincerely [i] 54:18 singular p] 41:19,23 sixp] 2:14 size [2] 36:9,10 sketch [i] 6:14 sleeves [i] 17:20 slight [i] 7:3 SMITH [i] 3:6 Society [i] 48:17 soil[i] 14:24 53:23 statement pj 31:8 States p] 2:1,20 status [i] 30:7 Steenrodp] 26:19 terminated [i] 45:13 terminology [i] 30:9 termites [i] 13:20 terphenylpj 13:23,25 18:22 stiff [i] 17:21 terphenyls [l] 18:20 still [9] 6:19 8:5 11:16 testified [i] 4:12 17:25 23:18 33:11 39:21 testifying [i] 6:1 41:7 51:2 Stint [i] 11:14 testimony [3] 5:18 53:9 53:11 STIPULATED [i] 4:1 testingp] 12:1148:18 straightforward [i] 45:1 straw p] 17:10,16 Street [i] 3:7 tests [i] 12:8 textile [i] 15:3 thank p] 25:15 51:10 54:17 strengthens [i] 50:18 thereafter p] 4:5 53:13 Strictly [i] 22:22 thereon [i] 52:9 studies [i] 49:4 thereto [i] 53:19 study p] 32:23 38:4 third p] 28:3 35:10 Stuff [3] 13:15 40:17 thought [i] 22:16 44:23 three [2] 13:22 35:10 styrene p] 19:23 20:3,5 through p] 10:5 50:9 subcommittee [i] 48:17 throughout [i] 9:23 subject p] 28:9 43:15 thumbnail [i] 6:14 subscribe [i] 52:10 Index Page 5 TOWOLDMONOQ51278 Joan Maertin v Armstrong World Ind. Cause No.: L-95-CV 02849 (JBS) Multi-Page1 title [i] 9:21 25:11 30:6 today [4] 4:22 6:5 26:5 upper [i] 26:16 27:14 used [34] 10:2 13:25 together [i] 42:9 16:23,24,25 17:1,3,9,15 took [2] 47:2,12 17:17,19,22 18:10,18,22 top [5] 32:7 34:23 35:8,11 44:19 19:2,4,5,7,8,9,10,17,20 20:3,5,10,22,25 21:10,20 21:25 37:17 39:18 topic [l] 28:14 uses [22] 8:15,19 9:2 topics [l] 49:9 15:10,17,22 16:5,12,17 Tomisite[i] 18:24 17:24,25 20:9 21:8,9,15 track [i] 16:5 trade [i] 16:22 transcribed [i] 4:6 transcript [5] 5:20,25 21:17 22:18,25 31:11 35:20 36:17 47:7 using [3] 14:25 17:5 47:18 6:8 54:12,20 transfer [i] 39:13 -V- transformer [2] 40:1 V[i] 54:7 48:20 various [3] 12:20,22 transformers [5] 30:12 23:11 37:19 39:7 47:19 49:24 varnish [i] 22:1 traveled [i] 15:3 viscosity [i] 10:25 word [2] 4:19 31:15 worker [i] 11:6 workers [2j 31:10,12 works [2] 10:14 24:22 world [5] 2:6,22 3:10 6:9 10:1 ' worldwide [i] 48:22 worn [l] 18:4 worried [i] 31:12 wound [i] 9:8 write [i] 36:7 written [i] 5:19 wrong [2] 25:1 41:13 wrote [2] 36:4,11 -Y- yearpj 7:10 years [ii] 7:13,15,16 12:19 13:17 14:3,5,21 15:5 22:2 39:22 treating [i] 14:1 visit [i] 31:3 tremendous [i] 17:1 visited [i] 30:19 trial [3] 5:23,24 54:16 visiting [i] 30:21 tried [3] 15:16,19 18:17 voice [i] 5:11 true [3] 31:16 52:7,12 trustees [i] 44:19 try p] 12:20 36:3 trying [6] 21:13 32:12 35:1,3 39:21 41:12 tubes [l] 50:18 volume [3] 38:21 42:19 43:3 volumes [i] 42:10 vs [2] 2:5,7 -W- Turet [22] 1:3 3:12 4:16 Wait[i] 27:6 4:18 9:11 16:9 23:5 24:17 28:4 31:16,25 32:4 34:18 wants [i] 23:23 35:14 37:10 43:18 45:25 war[7] 12:19 13:8,9,16 47:22 49:25 51:9 54:15 14:3,20,21 54:23 Washington [i] 6:21 Turet'sp] 47:25 two [2] 3:18 13:11 two-minute [i] 50:8 type [6] 13:2 19:13 33:21 36:9,10 39:19 watery] 17:12 19:10,11 19:23 20:3,5 Watkins [2] 3:3 54:4 wax [2] 20:25,25 weight [i] 13:24 types [5] 10:15 15:10 19:22 29:5 39:1 typewriting [2] 4:6 53:13 typing [i] 36:6 -U- ultimately [i] 45:11 under [4] 24:4 30:17 52:11 53:13 understand [6] 5:5,17 5:22 6:4 17:8 44:24 understood p] 5:8 41:1 undertake [i] 15:11 underway [3] 35:20 36:16 37:3 United [2] 2:1,20 University [i] 6:21 up [9] 5:11 9:8 11:24 14:15 21:13 23:3 24:14 well-known [i] 28:18 Westinghouse [2] 48:15 49:1 whatnotp] 44:15 45:17 Wheeler [i] 38:11 wherein [i] 2:21 whole [2] 10:14 35:7 WILSON[i] 3:17 wish[i] 10:6 within [io] 2:18 12:3 23:14 31:19 32:22 39:11 43:1,6,23 52:6 without [i] 27:20 witness [12] 4:7 25:25 27:11 32:5 34:20 43:11 46:2 48:2 51:11 53:9,11 54:12 wood [10] 13:18,19 14:1 17:3,7 28:25 29:2 30:24 31:1,3 title - years Witness: Paul Benignus Index Page 6 TOWOLDMONOQ51279