Document LgdzBm4kzYeq5Z7J2g8EVJEaz

GARY AUSTIN 1 CAUSE NO. 2002-4218 2 DIANE MATHIAS, Individually ) IN THE COUNTY COURT 3 and as Personal Representative ) of the Heirs and Estate of ) 4 GEORGE MATHIAS, Deceased, ) BRIAN CHARLES MATHIAS and ) 5 PATRICIA ANN KADAMUS, ) Plaintiffs, ) AT LAW NO. 6) 7 -vs - ) ) 8 ACandS, INC., et al,'. 9 Defendants. ) ) EL PASO COUNTY, TEXAS 10 CAUSE NO 35116-0203 11 CHRISTOPHER STOECKLER and IN THE DISTRICT COURT WENDY STOECKLER, 12 Plaintiffs, 13 14 vs . ) ) ANGELINA COUNTY, TEXAS 15 AMERICAN OIL COMPANY, ) (sued individually and as 16 successor-in-interest to AMOCO OIL COMPANY and 17 AMOCO, INC.);) et al., ) 18 Defendants. ) 159th/217th JUDICIAL DISTRICT 19 20 ORAL TELEPHONIC DEPOSITION OF GARY AUSTIN, produced as a witness at the instance of the 21 Plaintiffs, and duly sworn, was taken in the above-styled and numbered cause on the 26th of 22 September, 2003, from 9:11 a.m. To 11:55 a.m., before SHEILA K. FAIRCHILD, a notary public in and for the 2 3 State of Wisconsin, reported by machine shorthand, at 11500 Brown Deer Road, Milwaukee, Wisconsin, pursuant 24 to the Texas Rules of Civil Procedure and the provisions stated on the record or attached hereto. 25 Henjum Goucher Reporting Services 1-888-656-DEPO DANA-0341.960 1 GARY AUSTIN 1 APPEARANCES: 2 FOR THE PLAINTIFFS: WATERS & KRAUS, LLP 3 CHARLES VALLAS appeared telephonically 3219 McKinney Avenue, Suite 3000 4 Dallas, Texas 75203 S FOR THE DEFENDANT DANA CELBA&DESROCHERS. LLP 6 STEVEN W. CELBA 4493 North Prospect Avenue 7 Milwaukee, Wisconsin 53211 $ FOR THE DEFENDANT CERTAINTEED DEHAY & ELLISTON 9 TINA STAMPS appeared telephonically 901 Main Street, Suite 3500 10 Dallas, Texas 75202 11 FOR THE DEFENDANT PACCAR WHITTENBURG, WHITTENBURG, SCHACHTER & HARRIS 12 LAURIE FAY appeared telephonically 600 North Pearl, Suite 2300 13 Dallas, Texas 7S201 14 FOR THE DEFENDANT BORG WARNER VIAL, HAMILTON, KOCK & KNOX IS KEENAN CARTER appeared telephonically 1717 Main Street, Suite 4400 16 Dallas, Texas 75201 17 FOR THE DEFENDANT AMERICAN OIL COMPANY ANDREWS & KURTH . 18 JOSEPH BUZZARD appeared telephonically 1717 Main Street, Suite 3700 19 Dallas, Texas 75201 20 FOR THE DEFENDANT GARLOCK SEGAL MCCAMBRIDGE 21 VICTORIA OTT appeared telephonically 100 Congress, Suite 700 22 Austin, Texas 78701 23 FOR THE DEFENDANT UNION CARBIDE CORPORATION THOMPSON & KNIGHT 24 PETE VERMILLION appeared tdepbonically STEVE VICTOR 25 1700 Pacific, Suite 3300 Dallas, Texas 75201 1 FOR THE DEFENDANT GUARD UNE DOGAN & WILKINSON 2 CATHY PARKO appeared telephonically . 734 Debras Avenue 3 Pascagoula, Mississippi 39568 4 FOR THE DEFENDANT FORD MOTOR COMPANY BROWN MCCARROLL 5 ARTHUR GRIMALDO appeared telephonically,, 2001 Ross Avenue, Suite 2000 6 Dallas, Texas 75201 7 FOR THE DEFENDANT DAIMLER-CHRYSLER HAWKINS, PARNELL & THACKSTON 8 EDWARD SLAUGHTER appeared telepbonically 4514 Cole Avenue 9 Dallas, Texas 75205 10 FOR THE DEFENDANT INTERNATIONAL TRUCK & ENGINE CORPORATION 11 ORGAIN, BELL & TUCKER, LLP GREG C WILKINS appeared telephonically 12 P.O.BOX 1751 Beaumont, Texas 77704-1751 13 GODWIN GRUBER 14 MICHAEL JUSTUS appeared telephonically 1201 Elm Street, Suite 1700 15 Dallas, Texas 75270 16 ALSO PRESENT: MR GARY AUSTIN, . 17 The Witness; and. MS. SHEILA FAIRCHILD, 18 The Court Reporter. 19 20 21 22 23 24 25 Page 2 INDEX PAGE Appearances.................................... 2 WITNESS: GARY AUSTIN Direct Examination by Mr. Valias................ 5 Cross-Examination by Mr. Celba..................86 Direct Examination by Mr. Carter.................88 Recross-Exairrination by Mr. Celba................. 90 Redirect Examination by Mr. Valias............... 90 Recross-Examination by Mr. Celba................. 94 Redirect Examination by Mr. Valias............... 95 EXHIBITS No. Description Page 1 Notice ofDeposition 2 1-8-85 Letter 3 12-12-84 Letter 4 8-23-85 Letter 9 8 10 14 Page 4 Page 3 Page 5 1 TRANSCRIPT OF PROCEEDINGS 2 GARY AUSTIN, called as a witness herein, 3 having been first duly sworn on oath, was examined 4 and testified as follows: 5 EXAMINATION 6 BY MR VALLAS: 7 Q Good morning, Mr. Austin. 8 A Good morning. 9 Q This is Charles Valias, of course, with Waters & 10 Kraus, rve had the opportunity to take your 11 deposition, I think this is the third time, the last 12 time being as recently as last week or the week 13 before in the Gerald Pyle case. It's my 14 understanding that you are appearing this morning on 15 behalf of the Dana Corporation in both the 16 Christopher Stoeckler case and the George Mathias 17 case. Is that your understanding? 18 A Yes, it is. 19 Q Here's what I'm going to try to do this morning, I'm 20 not going to try to be extremely repetitive of the 21 questions that I asked you in the Gerald Pyle case. 22 I'm going to try to cover some different kind of 23 territory with you here this morning, although I 24 guess there's going to be some overlap to some 25 extent. Let's do this though, before we get started. Henjum Goucher Reporting Services 1-888-656-DEPO 2 (Pages 2 to 5) GARY AUSTIN Page 6 Page 8 1 of course, you've had your deposition taken before. 2 If you don't understand any of my questions or you 3 can't hear me for any reason today, just let me know. 4 I'll try to fix the problem, okay? 5 A Yes, sir. 6 Q If you do answer my question, I'm going to assume 7 that you heard the entire thing and that you 8 understood it, okay? 9 A I understand. 10 Q Can you tell me, Mr. Austin, if you have reviewed any 11 materials today in preparation for this deposition or 12 if you have brought with you to the deposition today 13 any materials? 14 A I have brought with me some materials today. 15 Q Okay. Have you had an opportunity to review those 16 materials-- Did you have an opportunity to review 17 those materials prior to the deposition today? 18 A Yes, I did. 19 Q Okay. I don't want to know what you all talked 20 about, but did you also have the opportunity to visit 21 with your lawyers prior to your deposition today? 22 A Yes, I did. 23 Q Okay. Let's talk a little bit about the materials 24 that you had the opportunity to review that you have 25 brought with you to the deposition today, and if you 1 information I present. 2 Q And in your, I guess, opinion, how do you- How does 3 that letter-- What does that letter tell you about 4 asbestos labeling? I guess why is it significant as 5 far as you understand it? 6 A This was the initial labeling, request for labeling 7 from our customers, and it demonstrates a label that 8 was used to- on products that was produced for 9 Caterpillar in the Detroit Allison division and the 10 label that was used on materials by Roger Moss. | 11 Q Okay. I think you said this was the initial request 1 12 for labeling from your customers; and if you can. 13 just kind of explain exactly what that means. I 14 guess what kind of label, what are your customers 15 asking you, what kind of label are they asking for, 16 etc., as far as you can tell from the letter? 17 A Detroit Diesel and Caterpillar had requested that we 18 identify product that might contain asbestos with a 19 label on the outside of the package, and that is- 20 That label is shown here in a reduced format 21 Q Okay. Is this letter of January 8,1985 that you are 22 looking at, is that the-- Prior to that date, did 23 Dana label any of its asbestos containing products 24 with some type of label or some type of other 25 designation informing the customer or the user that . | Page 7 Page 9 1 1 can, just kind of start I guess at the top of your 2 stack or however they're organized there in front of 3 you. Start at the top and tell me what you have. 4 A I have a letter regarding asbestos labeling for 5 Caterpillar DDAD and Roger Moss dated January 8, 6 1985. " 7 Q I'm sorry, a letter regarding Caterpillar, could you 8 run that by me again? 9 A The title is Asbestos Labels For Caterpillar, DDAD, 10 and Roger Moss, dated January 8,1985. 11 MR. CELBA: Charles, if we can shortcut 12 this, these are essentially the same documents that 13 were presented and filed. 14 BY MR. VALLAS: 15 Q Okay. Roger Moss is the author of the letter or the 16 recipient? 17 A No. Roger Moss is part of the subject. 18 Q Okay. What was the purpose of you reviewing that 19 letter this morning or in preparation for this 20 deposition, whether it was this morning? 21 A The asbestos labeling seems to be a matter that is 22 brought up in most of the depositions that I have 23 given. 24 Q Okay. 25 A The documents are here to accurately depict the 1 the product contained in the package or however it 2 was contained, might have asbestos in it? ! 3 MR CELBA: I'm going to object to the 4 form 5 BY MR VALLAS: 6 Q Let me strike the question, it was probably- It's a 7 bad question. Prior to January 8, 1985 did Dana 8 label any of its products with some indication, to 9 give some indication that the product may contain 10 asbestos? 11 A To the best of my knowledge, in approximately January 12 of 1985 was the first labeling that was done. 13 Q Okay. 14 MR VALLAS: Let's go ahead ifwe can. 15 Ms. Court Reporter, and mark the deposition notice or 16 notices, I don't remember if it was one or two, for 17 the cases. But even if it was two deposition 18 notices, we can just mark them collectively as 19 Exhibit No. 1. Let's go ahead and mark this letter 20 as Deposition Exhibit No. 2. 21 (Discussion off the record.) 22 (Exhibit Nos. 1 and 2 were marked.) 23 BY MR VALLAS: 24 Q Mr. Austin, what's the next item you have with you at 25 your deposition? Henjum Goucher Reporting Services 1-888-656-DEPO 3 (Pages 6 to 9) ' GARY AUSTIN Page 10 Page 12 1 1 A I have a letter from- or to J.D. Buescher regarding 1 Q From who? 1 2 Detroit Diesel warning labels, dated December 18, 2 A From John Feldmann. 3 1980-- I'm sorry, December 12,1984. 3 Q Okay. Is it a long letter, short letter? 4 Q And is that a long letter or short letter? 4 A Short. 5 A A very short letter. 5 Q What's the date of that letter, please? 6 Q Can you just read it to me very quickly? 6 A August 23, 1985. 7 A "To J.D. Buescher, I have approached DDAD Purchasing 7 Q If you can, just read that letter to me quickly, I'd 8 with our proposed warning label for asbestos 8 appreciate it? . 9 containing parts. The label was reviewed with their 9 A "Confirming phone of 8/22, please be sure that all | 10 Hazardous Material Committee and I have been advised 10 asbestos product shipped Mack, Production and Service 11 we may start labeling DDAD product whenever we want. 11 is properly labeled with our asbestos warning 12 Will you please implement this if that is the 12 labels. 13 Division policy?" It's signed John Feldmann. 13 Gary Austin: Please take appropriate 14 Q Mr. Feldmann was an employee ofVictor at the time, 14 action for Chicago plant. 15 ofDana Victor? 15 Mack is the target of an asbestos liability 16 A Yes, he was. 16 suit, and these warning labels are a must." Signed 17 Q Whafs DDAD, I'm sorry? 17 John Feldmann. 18 A Detroit Diesel Allison Division. 18 BY MR. VALLAS: 19 Q Thank you. Okay. Is there a proposed warning label 19 Q So you were copied on this letter? 20 attached to that letter or included in that letter? 20 A Yes, I was. 21 A No, there is not. 21 Q All right. Does a copy of the warning label 22 Q All right. . 22 accompany that letter that they're talking about? 23 MR. VALLAS: Let's go and mark that as the 23 A Yes, there is a copy of a warning label on here. 24 next exhibit ifwe can. 24. Q Okay. Just one? 25 (Exhibit No. 3 was marked.) 25 A Yes. Page 11 Page 13 1 BY MR. VALLAS: 2 Q Mr. Austin, do you know when it was that, the first 3 date that Dana started- Dana considered putting some 4 type of asbestos warning label in or on its asbestos 5 containing products or started the process of 6 drafting a label, something along those lines? In 7 other words, I'm not asking-- I'm trying not to ask 8 when is the first date that such a warning label 9 started accompanying the product, but when was it 10 that Dana first started thinking about the fact that 11 they may need to include one in their products? 12 MR. CELBA: Object to form. 13 THE WITNESS: I have no knowledge of that. 14 BY MR. VALLAS: 15 Q Do you have any information to the effect that it was 16 at any time prior to December of 1984, the month and 17 year of this letter that we've just marked as an 18 exhibit? 19 MR. CELBA: Object to form. 20 THE WITNESS: No, I do not. 21 BY MR. VALLAS: 22 Q Let's go ahead and talk about the next item that you 23 have. 24 A It's a letter, subject matter being Mack Truck. It's 25 addressed to Galora Bailey and Bill Oliver. 1 Q And what does it say? 2 A Well, it's very reduced, and it's in four languages. 3 It appears to say, Caution- If I may, Pm going to 4 try to read it off this other copy here where it 5 appears bigger. Caution, may contain-- I'm sorry, I j 6 can't make it out off of this copy. 7 Q Can you make out the word either cancer are 8 mesothelioma off the copies that you do have? 9 MR. CELBA: Object to form. 10 THE WITNESS: No, I really can't. 11 BY MR. VALLAS: 12 Q Okay. Can you make out any words off the copy that 13 you have? 14 A The caution at the top. 15 Q Okay. 16 A I can make out the word asbestos. 17 Q Okay. j 18 A And that's about it. 19 Q All right. I appreciate it. That--When we attach 20 that letter from Mr. Feldmann to Bailey and Oliver, 21 was that label attached with it as an exhibit, or is 22 that label contained in that letter? Tm just trying 23 to figure out if I need to mark that as a separate 24 exhibit or if we already did. 25 A It's-- The label appears to be identical to the Henjum Goucher Reporting Services 1-888-656-DEPO 4 (Pages 10 to 13) ' GARY AUSTIN Page 14 Page 16 | l Exhibit 2. 2 Q Okay. Pm just trying to figure out if that label 3 has been marked as an exhibit with the 8-23 letter or 4 if I need to mark it as a separate exhibit. 5 MR. VALLAS: Ms. Court Reporter, was it 6 marked-7 BY MR. VALLAS: 8 Q I guess, Mr. Austin, is a part of the 8-23-85 letter, 9 is it an attachment or an accompaniment to that 10 letter, or do you know? 11 A No. It just appears at the bottom of the letter. 12 That is a Xerox copy. 13 MR. CELBA: Charles, you want it marked. 14 MR. VALLAS: I guess, yeah. I'm just 15 trying to figure out if I've marked it or if I 16 haven't marked it. If I haven't marked it, let's 17 mark it. 18 MR. CELBA: You haven't marked it. 19 MR. VALLAS: Okay. Let's mark it. Thanks. 20 (Exhibit No. 4 was marked.) 21 BY MR. VALLAS: 22 Q Mr. Austin, I think that letter that you just 23 mentioned, the 8-23-85 letter, on which you were 24 copied and that we marked as an exhibit, I think it 25 mentioned-- I think it used warning labels in the 1 asbestos containing gaskets, correct? 1 2 A Yes, sir. i 3 Q I'm just wondering, is that over all of the decades I 4 that Dana Victor was making asbestos containing 1 5 gaskets, or do you know? 1 6 A No, I do not know. g 7 Q Do you know-- The one label that you are familiar j 8 with that we've marked here, do you know the first 1 9 year that it was used, the last year that it was 1 10 used? g 11 A The label would have been used beginning in g 12 approximately January of 1985. J 13 Q Okay. I 14 A And would have been used until we ceased the use of 1 15 asbestos in our product. 1 16 Q Okay. It's my understanding, correct me if I'm j 17 wrong, from taking your deposition previously, that . 1 18 initially Dana would only place those warning labels I 19 on its asbestos containing gasket products at the | 20 request of the customer; is that correct? I 21 A Yes, that's correct 22 Q Was there-- I don't remember if I've asked you this 23 question previously. Was there a point in time where 24 Dana started placing an asbestos warning label on 25 every one of its asbestos containing gasket products Page 15 Page 17 1 plural, if I'm not mistaken, did it? 1 whether or not it was requested by the customer? 2 A This is the last one we discussed? 2 A Yes, that is correct. 3 Q Yes, sir, Bailey and Oliver. 3 Q And when was that date? 4 A It refers to with our asbestos warning labels. 4 A It appeared to me that it was in early 19-- well, 5 Q Okay. Let me explore that a little bit with you. 5 late 1985, possibly early 1986. 6 I'm wondering ifyou know whether or not as of August 6 Q And what is the- How do you know that, or why do you | 7 of 1985 was there-- I guess what I'm wondering, if 7 think that? I 8 you know, was there one-- Was Dana-- Did Dana have 8 A I was involved in the manufacturing operation at the 1 9 available to put on its products one warning label, 9 time, and part of my responsibility would have been 10 or were there different versions of it, or do you 10 to be certain that the labels were appropriately put 11 know? 11 on the boxes. 12 A There was only one warning label that went on the 12 Q Is that the only manner in which asbestos warning 13 gaskets. 13 labels accompanied Dana Victor's asbestos containing 14 Q And that's the one that we have a copy of that it's 14 gaskets, meaning on the boxes? Was there ever- And 15 kind of illegible; is that right? 15 the question is was there any other type ofpackage 16 A Yes, sir, that's correct. 16 insert or ever any other type ofwarning label on the 17 Q Okay. When you say there was only one warning label 17 product itself that you're aware of on the boxes? 18 that went on the gasket, is that at any time to your 18 A Not that I am aware of. 19 knowledge that Dana Victor was making asbestos 19 Q Okay. What is the next item that you have with you? 20 containing gaskets? Is there only one that you're 20 A I have a copy ofa testimony of a Dr. William 21 aware of over those decades? 21 Longeau. | 22 A I'm sorry, Mr. Valias, I don't understand your 22 Q Okay. j 23 question. 23 A In a Verta Sutton and P.D. Sutton versus, I believe j 24 Q Okay. It was a poor question, sorry. You mentioned 24 ifs Acands, A-C-A-N-D-S, Incorporated. | 25 there was one asbestos warning label that went on the 25 Q Okay. Have you read that deposition? j Henjum Goucher Reporting Services 1-888-656-DEPO 5 (Pages 14 to 17) GARY AUSTIN Page 18 Page 20 1 1 A I've read portions of it. 2 Q How did you select the portions that you wanted to 3 read versus those that you didn't read? 4 A In scanning through die documents looking for things 5 that would have been ofparticular interest to me in 6 my knowledge. 7 Q Okay. Did you see anything in there that you just 8 disagreed with? Do you have any criticisms of the 9 deposition as far as those excerpts of it that you 10 didread? 11 A No, I do not. 12 Q Any highlighting or underlining or turned down 13 comers or anything along those lines in that 14 deposition? 15 A Yes. 16 Q Which pages, a lot of pages or a few pages? 17 MR. CELBA: I just want to voice an 18 objection to the previous question, the form of it. 19 THE WITNESS: Just a few pages. 20 BY MR. VALLAS: 21 Q Can you look in there and tell me who was the 22 plaintiffs firm that took that deposition? Should 23 be in the first couple pages. 24 A Appearances, Mr. Brent Coon. 25 Q Okay. That's all I need to know. I appreciate it. 1 A Louis Forbes and Diana Forbes versus Acands, 2 A-C-A-N-D-S, Inc. 3 Q Okay. Ifyou couldjust pop open the first couple 4 pages and tell me who the plaintiffs lawyer was on j 5 that one? I 6 A Appearances, Clapper & Patty. j 7 Q Can you tell me who the name, what the name of the | 8 lawyer was that appeared for the plaintiffs firm, if S 9 you can tell? 1 10 A Represented by Steven Patty, attorney at law. j 11 Q Does it have the phone number of his law firm there? 1 12 A No, it does not. 13 Q Okay. Does it have the city where they were? 14 A Yes, sir. 15 Q Where is that? 16 A Sausalito, California. 17 Q Okay. I appreciate it. Pages 22 through 26, if you 18 can, just kind of give me an idea of why those pages 19 were of interest to you from that deposition, I would 20 appreciate it. 21 A Discusses tests that were done and conclusions in 22 regard to asbestos or asbestos air monitoring. 23 Q Having anything to do with gaskets or no? 24 A It specifically relates to Victor. 25 Q Okay. Any disagreements or criticisms ofany Page 19 Page 21 1 And-- Excuse me just one second. What pages of that 2 deposition did you either mark or highlight or turn 3 down? Just give me the page numbets. 4 A Page 97 and 98. ' 5 Q Okay. If you can--Obviously, I don't want you to 6 read them. Were those the only two pages? 7 A Yes, they were. 8 Q I don't want you to read me all of it, but just kind 9 of tell me the gist of why you selected those pages, 10 what you saw on those pages that was of interest to 11 you? 12 A It dealt with the release of asbestos fibers in the 13 installation and removal of engine gaskets. 14 Q All right. What else have you brought with you to 15 the deposition? 16 A I have a second deposition by Dr. Longeau. 17 Q Okay. Did you just read again selected excerpts of 18 that deposition? 19 A Yes, I did. 20 Q Do you know which pages you read? 21 A Yes, I do. 22 Q Which pages were those? 23 A Portion of 22,23,24,25 and 26. 24 Q Okay. What's the name of that case or the 25 plaintiffs name in that case? 1 portions of that testimony that you read of 2 Dr. Longeau from that second deposition that you 3 we're talking about? 4 MR. CELBA: Object to form. 5 THE WITNESS: No, sir. I 6 BY MR. VALLAS: 7 Q What's the next item that you brought with you to the 8 deposition? 9 A I don't have it with me but I did review the med tox 10 study and the Spencer study. 11 Q Ifri sorry, I heard med tox study and then your voice 12 dropped or the speaker phone dropped or something. 13 A Spencer. 14 Q Spencer? 15 A Right. 16 Q Let me back up just a little bit and get back to that 17 just one second. You mentioned a little while ago 18 that Dana Victor asbestos containing gaskets started 19 all containing asbestos warning labels, you believe 20 in late 1985, perhaps early 1986, and I was 21 wondering-- I think you told me the basis for the 22 belief was just a position that you had with the 23 company at the time, correct? i 24 MR. CELBA: Object to form. Go ahead. 25 THE WITNESS: Yes, sir, that is correct. Henjum Goucher Reporting Services 1-888-656-DEPO 6 (Pages 18 to 21) GARY AUSTIN Page 22 Page 24 | 1 BY MR. VALLAS: 1 mandated that we would not produce any asbestos j 2 Q Let me visit with you about that a little bit. Ifs 2 containing gaskets after June 30,1988. I 3 my understanding that during the taking of your 3 BYMR VALLAS: 1 4 deposition previously that at least during the 1970s 4 Q At least in the United States, correct? [ 5 Dana Victor was also manufacturing asbestos 5 MR CELBA: Object to form. | 6 containing gaskets in plants in St. Thomas, Ontario; 6 BY MR VALLAS: 7 Robinson, Illinois; Havana, Illinois; and the one 7 Q Is that correct? j 8 that you worked out of in Chicago; is that correct? 8 A Well, all the plants that he had responsibility for. | 9 A Yes, sir, it is. 9 Q Did he have any responsibility-- Did he have any 1 10 Q Okay. I'm going to-- Let me talk with you a little 10 responsibility as far as you know for plants outside I 11 bit about each one of those, and, of course, if you 11 the United States? 1 12 don't know the answer to any of my questions 12 MR CELBA: Object to form. 13 concerning these other facilities, just let me know. 13 BY MR VALLAS: 14 Do you know the first year that that St. Thomas, 14 Q If you know. 15 Ontario facility started manufacturing or-- started 15 A No, I don't know. 16 manufacturing asbestos containing gaskets? 16 Q Do you know that he did not? 17 A No, I don't know exactly. 17 MR CELBA: Object to form. 18 Q Do you know the last year? 18 THE WITNESS: No, I do not know that 19 A I believe it was the same time that the Chicago plant 19 either. 20 ceased the production of asbestos containing gaskets. 20 BY MR VALLAS: 21 Q Have you ever reviewed any documents to that effect, 21 Q Do you know if he had responsibility for every plant, 22 or are you just guessing? 22 every Dana Victor plant that was manufacturing 23 A No, Fm not guessing, but I have not reviewed 23 asbestos containing gaskets in the 1980s? 24 documents to that effect. 24 MR CELBA: Object to form. 25 Q Okay. Did you ever have any type of management 25 THE WITNESS: I guess I don't understand Page 23 Page 25 1 responsibilities or oversight over the St. Thomas, 1 the difference between your last two questions. 2 Ontario facility as far as anything? 2 BYMR VALLAS: 3 A No, I did not. 3 Q Sure. Let me back up. I'll get there another way in 4 Q Do you know the first year that the St. Thomas, 4 just a second. Do you know is Mr. McNamara still 5 Ontario facility started placing asbestos warning 5 employed by the company? 6 labels on its asbestos containing gaskets either at 6 A No. Mr. McNamara has passed away. 7 customer request or as a matter of course? 8 MR CELBA: Object to form. 7 Q Did you ever have any type of management 8 responsibilities or oversight over the Robinson, 9 BY MR. VALLAS: 9 Illinois facility? 10 Q If you know. 10 A Yes, he did. 11 A No, I do not. 11 Q ITn sorry, did you? 12 Q Okay. The Robinson, Illinois facility, do you know 12 A Tm sorry. No, I did not. 13 the first year or the last year that it manufactured 13 Q Okay. Do you know the first year that the Havana, 14 asbestos containing gaskets? 14 Illinois facility manufactured asbestos containing 15 A I only know that it would not have been later than 15 gaskets? 16 the Chicago facility. 16 A No, Fm sorry, I don't 17 Q Which is what year? 17 Q Do you know the last year that it did? 18 A It was 1988. 18 A 1980,1 believe. 19 Q Okay. And have you ever reviewed any documents from 19 Q What's the basis for that belief? 20 the Robinson, Illinois facility to confirm that, or 20 A I was involved in the closure of that facility. j 21 how do you know that? 21 Q Okay. It closed down in 1980? 22 MR CELBA: Object to the form. Go ahead. 22 A Yes, it did. j 23 THE WITNESS: The vice-president and 23 Q Were the manufacturing-- What was the reason for its 24 general manager of the division at that point in time 24 closure? 25 was a Mr. Chuck McNamara, and he is the gentleman who 25 A Too much capacity in the division. | Henjum Goucher Reporting Services 1-888-656-DEPO 7 (Pages 22 to 25) GARY AUSTIN Page 26 Page 28 | 1 Q I don't understand that question, I mean that answer. 1 used; is that correct? j 2 too much capacity in the divisioa What does that 2 A Or the part number that was assigned to it. I 3 mean? 3 Q Or the part number. In those instances, and correct S 4 A Too much floor space, too many machines, insufficient 4 me if I'm wrong, that-- in those instances in which a t 5 business to support all of the facilities. 5 Dana Victor gasket was being used for some type of 1 6 Q Okay. I gotcha. Do you know the first year that 6 high heat application, would you agree that more | 7 asbestos containing gaskets manufactured in the 7 likely than not that the gasket would have been an jj 8 Havana, Illinois facility contained any type of 9 asbestos warning label either at the request of the 10 customer or as a matter of course? 8 asbestos containing gasket? 9 MR. CELBA: Object to form. 10 THE WITNESS: No, not necessarily. I S j 11 A No, I do not 12 Q Okay. WeVe talked about the fact that all four of 11 BY MR. VALLAS: 12 Q Okay. What's the basis for that belief? j 13 these plants, St. Thomas, Robinson, Chicago and 13 A We made a large number ofbeaded steel head gaskets j 14 Havana were all manufacturing asbestos containing 14 during the 1960s and 1970s. Those obviously 1 15 gaskets at some point in the 1970s, correct? 15 contained no asbestos. | 16 A Yes, sir, thafs correct. 16 Q They were beaded head steel gaskets? I 17 Q Do you know if they were all manufacturing asbestos 17 A We referred to them as beaded steel head gaskets. I 18 containing gaskets for all ten years of the 1970s, or 18 Q Beaded steel, okay, head gaskets. What was the first | 19 do you know? 19 year-- I guess tell me what kinds of temperatures j 20 A No, I don't know. 20 those gaskets were-- Actually, strike the question. j 21 Q Do you know that all- Do you know whether or not 21 Other than those, the beaded steel head gaskets you | 22 all-- Well, okay, bad question. During the 1960s did 22 just mentioned, manufactured in the 1960s and 1970s-- j 23 Dana Victor manufacture asbestos containing gaskets 23 Let me ask you this, do you know whether or not they 1 24 out of any other plants other than-- Well, strike 24 were manufactured for high heat applications in the j 25 that question. Were all four of the plants that 25 1950s or in the 1980s? j Page 27 Page 29 | 1 we've talked about manufacturing asbestos containing 1 MR CELBA Object to form. j 2 gaskets sometime in the 1960s? 2 BY MR VALLAS: 3 MR- CELBA: Object to form. 3 Q Do you know? 4 THE WITNESS: I can only testify to the . 4 A I'm sorry, I don't understand the question. 5 period of time from when I started with the company; 5 Q Sure. Ifs probably a bad question. You mentioned 6 but in those years, yes, they were. 6 that these beaded steel head gaskets were 7 BY MR. VALLAS: 7 manufactured for high heat applications in the 1960s 8 Q And you started with the company in I think February 8- and 1970s, correct? 9 of 1968; is that right? 9 A Yes. 10 A Yes, sir, that's correct. 10 Q Do you know whether or not they were manufactured for 11 Q So as of February 1968 we know that all four of those 11 high heat applications in the '50s and/or the '80s? 12 facilities, St. Thomas, Robinson, Chicago and Havana, 12 I guess all I'm trying to do is figure out was it j 13 were all manufacturing asbestos containing gaskets, 13 just sometime in the '60s and '70s, or was it also 14 true? 14 sometime outside of that time period, or do you know? 15 A That's correct. I suppose for point of clarification 15 A I can't testify to the 1950s. I don't know when that j 16 I should say that they were all producing asbestos 16 design came into being. There were still j 17 containing gaskets, but we were producing lots of 17 applications as early as- or as late as the 1980s. j 18 gaskets that did not contain asbestos as well. 18 Q Okay. Do you know the first year that Dana Victor i 19 Q But I think you have mentioned to me-- I think we've 19 started manufacturing these beaded steel head gaskets 1 20 talked about that previously in your prior deposition 20 for high heat applications? 21 and whether or not-- I think it was your testimony. 21 MR CELBA: Object to form. 22 correct me if Pm wrong, previously, that for you to 22 THE WITNESS: No, Ido not. j j j 23 know whether or not a particular type of gasket, Dana 23 BY MR VALLAS: 24 Victor gasket, had asbestos in it, you would probably 24 Q Do you know- Other than the fact that it was in the j 25 have to know the application for which it was being '25 1960s sometime, correct? Henjum Goucher Reporting Services I-888-656-DEPO . 8 (Pages 26 to 29) ' GARY AUSTIN Page 30 Page 32 | 1 A I only know that they were being produced in the 1 compatible with high heat applications, and I wanted 1 2 1960s. I have no idea whether that was the initial 2 to explore that a little bit more with you. We were j 3 time or not. 3 talking about two types, the beaded steel head gasket i 4 Q Okay. I'm with you. Do you know the last year that 4 as well as the steel construction exhaust manifold | 5 Dana Victor manufactured beaded steel head gaskets 5 gasket. And I think that you mentioned that those 6 for high heat applications? 6 were the only two high heat application non-asbestos 7 A We still make beaded steel gaskets. 7 containing Dana Victor gaskets that were manufactured 8 Q For high heat applications? 8 at any time during the '60s and 70s; is that I 9 A Cylinder head gaskets, I would consider to be high 9 correct? S 10 heat applications. 10 MR CELBA: Object to form 1 11 Q During the 1960s and the 1970s, other than the beaded 11 12 steel head gaskets, was there any other asbestos-- 12 THE WITNESS: I guess the question I would have beyond that, those are what I consider to be the | 1 13 Was there any other non-asbestos gaskets that Dana 13 two highest heat applications in an internal 1 14 Victor was manufacturing that could be used in a high 14 combustion engine or diesel engine, so beyond that 1 15 heat application, or was that the only one? 15 I'm unclear as to what other areas of an engine you 16 MR. CELBA: Object to form 16 would consider to be high heat applications. 17 THE WITNESS: Exhaust manifold gaskets were 17 BY MR VALLAS: 18 often steel construction. 18 Q Okay. Well, let me ask you that question because 19 BY MR. VALLAS: 19 you're probably more familiar with internal 20 Q Any others you can think of? 20 combustion engines and where Dana Victor gaskets 21 MR. CELBA: Same objection. 21 might be used inside of an engine than I am Let's, 22 THE WITNESS: No, nothing else I can 22 if we can, run through the different types, the 23 recall. 23 different places within an engine that you are 24 BY MR. VALLAS: 24 familiar with where heat would be a concern. Just 25 Q Okay. Do you know the first year that Dana Victor 25 genetically speaking, head gaskets intake gaskets. Page 31 Page 33 1 made an exhaust manifold gasket of steel construction 1 exhaust gaskets, whatever the case may be, if you can 2 that could be used in a high heat application? Do 2 just kind of list them for me, that would be great. 3 you know the first year? . 3 IH figure out where I'm going to go from there. 4 A No, sir, I do not. 4 MR CELBA: I'm going to object to the 5 Q I'm sorry, with steel construction that did not 6 contain asbestos-- Let me back up and ask the 5 form Go ahead. j6 THE WITNESS: In general the head gaskets 7 question again. Do you know the first year that Dana 7 and exhaust gaskets I would consider to be the j 8 Victor manufactured the exhaust manifold steel 8 highest heat portions of an engine. Many of the g 9 construction gasket that you just mentioned without 9 gaskets beyond that become more what I would describe j 10 asbestos, do you know the first year? 10 as secondly or ancillary gaskets. They would be $ 11 A No, I do not. 11 mounting gaskets, that type of gasket, and that would 1 12 Q Do you know the last year? 13 A There are still some applications that are 14 manufactured to this date. 12 be strictly dependent upon where on the engine that 13 gasket was being used. 14 BY MR VALLAS: 1 | 1 15 Q Okay. These-- Why don't we do this, we've been going 15 Q Okay. Let's go through-- let's go through what kind 16 almost an hour. Why don't we take about a 16 of-I'm going to kind of make a list here. I'm j 17 five-minute break? Is that okay? 17 going to put heat gaskets and exhaust gaskets. I'm j 18 A That's fine. 18 sorry, not heat gaskets, head gaskets and exhaust 19 MR. VALLAS: We'll be back with you in just 19 gaskets kind of in a category by themselves. We'll 20 a second, all right? Thanks. 20 just kind of refer to them for purposes of this 21 (Off the record.) 21 deposition as high heat gaskets. Let's visit a little 22 BY MR. VALLAS: 22 bit about this second category that you're talking 23 Q Mr. Austin, just prior to the break we were talking 24 about non-asbestos containing gaskets that Dana 23 about, these mounting gaskets. Where might those be 24 used in an internal combustion engine where heat was j 25 Victor made that you're familiar with that were 25 a concern? j Henjum Goucher Reporting Services 1-888-656-DEPO 9 (Pages 30 to 33) GARY AUSTIN Page 34 Page 36 | 1 MR. CELBA I'm going to object to the 1 BY MR VALLAS: 1 2 form 2 Q Okay. How about intake gaskets? | 3 THE WITNESS: I'm a little confused by what 3 A An intake gasket will certainly run cooler than an 1 4 you're asking. 4 exhaust gasket, and I would say the determination | 5 BY MR. VALLAS: 5 there would be largely based upon particular engine I 6 Q Okay. You said that--You mentioned mounting 6 design. I 7 gaskets, for example, and you said that those might- 7 Q Okay. Is there a temperature above which regardless 8 I guess did you say that heat might be a concern 8 of the location of the application-- Is there a 9 depending on where those were used inside the engine? 9 temperature above which a gasket either is going to 10 MR. CELBA: Object to the form Go ahead. 10 have to contain asbestos or is going to have to be of 11 THE WITNESS: I guess I'm saying that the 11 steel construction? 12 significance of heat would be different depending on 12 MR CELBA: Object to form. 13 where they happened to be mounted, maybe even 13 THE WITNESS: I have no idea. 14 different from engine design to engine design. 14 BY MR VALLAS: 15 BY MR VALLAS: 15 Q Okay. So there is not from your many years working 16 Q Okay. Is there an area across the board? And what I 16 in this industry if I were to say, Mr. Austin, I've 17 mean by that is notwithstanding how a particular 17 got a situation with an engine where I'm going to put 18 engine might be designed, is there an application 18 a gasket in such and such a place in an engine and 19 where one of these mounting gaskets would be used or 19 it's going to be subject to XYZ temperature, there's 20 might be used where heat would be a concern? 20 not going to be a temperature that I'm going to be 21 MR CELBA: Object to the form 21 able to tell you where you're going to say I can tell 22 MR VALLAS: What's the basis of the 22 you that at over XYZ temperature you're going to 23 objection? 23 either have to have an asbestos containing gasket or 24 MR CELBA: You're calling for him to 25 speculate. 24 some type of steel gasket? 25 MR CELBA: Object to form. 1 1 Page 35 Page 37 1 MR VALLAS: Well, if he doesn't know, he 2 can tell me. 3 MR CELBA: And it's a vague and ambiguous 4 question. Go ahead. 5 MR VALLAS: Well, if he don't understand 6 it, he can tell me. ** 7 THE WITNESS: I'm sorry, I don't even 8 remember the question now. 9 BY MR VALLAS: 10 Q Mr. Austin, any time today if you don't understand 11 any of my questions or you don't know, just tell me 12 you don't understand my question or you don't know. 13 okay? 14 A That's what I'm attempting to do. 15 Q What I'm trying to figure out is this, where else in 16 the-- Tell me all the different areas inside an 17 internal combustion engine other than the heat-- I'm 18 sorry, other than the head gaskets and the exhaust 19 gaskets where heat would be a concern-- where heat 20 would be a concern such that you might need to 21 consider using an asbestos containing gasket? 22 MR CELBA: I'm going to object to form. 23 THE WITNESS: Possibly a carburetor spacer 24 gasket. I guess that would be what comes to mind 25 right off. 1. THE WITNESS: No, I'm not in a position to 2 tell you that. | 3 BY MR VALLAS: 4 Q Do you know whether or not-- Let me ask you this, let 5 me get back if I can to the beaded steel head gasket 6 and the steel construction exhaust manifold gaskets 7 that you mentioned a few minutes ago. If you can. 8 when you say this beaded steel head gasket-- I'm 9 trying to picture in my mind what this looks like. 10 Is it literally just steel and thafs it? 11 A Ifs normally an embossed steel contoured to the 12 shape of the particular engine application. 13 Q Okay. So this isn't something that after use a steel 14 gasket-- this beaded head-- Bad question, sorry. 15 This beaded head steel gasket, the composition of it 16 is such that it doesn't have any type of soft 17 imperial also attached to it such that during the 18 renewal of it you would have to scrape or use a wire 19 brush op it or anything along these lines; is that j 20 correct? \ 21 MRXELBA: Object to form j 22 THE WITNESS: Yes, sir, that's correct. j 23 BY MR VALLASN. 24 Q It's just an emboss^d.steel gasket? 25 A Yes, sir. x .e&Bnfci 10 (Pages 34 to 37) Henjum Goucher Reporting Services 1-888-656-DEPO GARY AUSTIN . Page 38 . Page 40 1 1 Q Let me talk to you a little bit about the description 2 of the exhaust-- the steel construction exhaust 3 manifold gasket that you mentioned earlier. My 4 question there is kind of the same question. 5 Describe to me what that thing looks like. 6 A It would normally be an embossed or formed part, 7 solid metal in nature with perhaps a coating of some 8 sort on it. 9 Q What kind of coating, like some other type of 10 embossment you've been talking about? 11 A No. 12 Q Some other soft material? 13 A No, neither. More like a paint type application. 14 Q Okay. What was the purpose of the paint? 15 A Rust prevention in some cases. 16 Q Okay. So with regard to that steel construction 17 exhaust manifold gasket, there wouldn't be any type 18 of portion or part of that that after it had been in 19 use and subject to the temperatures that exhaust 20 gaskets are subjected to, that anybody would need to 21 get in there and scrape anything out with a wire 22 brush or anything along those lines; is that correct? 23 MR. CELBA: Object to form. 24 BY MR. VALLAS: 25 Q If you know. 1 or an application, then we might be able to more 2 clearly address the issue. 3 Q But you've told me that the only two types of high 4 heat application non-asbestos containing Dana Victor 5 gaskets that you're familiar with from the 1960s and 6 1970s are the beaded steel head gaskets that you 7 wouldn't have to scrape off and the exhaust manifold 8 steel construction gasket that you wouldn't have to 9 scrape off, correct? 10 MR CELBA: Object to form. 11 THE WITNESS: I'm unclear as to what your 12 point is. 13 BY MR VALLAS: 14 Q My point is that the only two types of high heat 15 application gaskets that you're familiar with that 16 Dana Victor made in the 1960s and the 1970s was the 17 beaded steel head gasket and the exhaust manifold 18 steel construction gasket that we've talked about, 19 correct? 20 MR CELBA: Object to form. 21 THE WITNESS: Those are the ones that come 22 to mind and I'm familiar with, yes. 23 BY MR VALLAS: 24 Q I appreciate it. Let me ask you this too, let me 25 visit with you a little bit about the following as Page 39 Page 41 1 A Not to the best of my knowledge. 1 well, Mr. Austin, during the 1980s other than 2 Q With regard to both the beaded steel head gasket and 2 asbestos containing gaskets-- I'm Sony, yes, bad 3 steel construction exhaust manifold gaskets that Dana 3 question. During the 1980s- Strike the question. 4 Victor made that you're familiar with, when those-- 4 During the 1980s tell me, ifyou can, list for me the 5 when-- after use, when you wanted to remove them. 5 different-- Just like we did for the '60s and '70s, 6 they would just pop off intacf? 6 tell me the high heat application non-asbestos 7 A Yes, sir. 7 containing gaskets that you're familiar with that 8 Q So if- So my next question is this, Christopher 9 Stoeckler, he's one of our clients here that we're 8 were manufactured by Dana Victor? 9 MR CELBA: Object to form. | 10 talking about here today, if he testified that he 10 THE WITNESS: In the 1980s there was an 11 used- I'm sorry? I thought there was an objection. 11 evolution away from asbestos containing parts, so it ! 12 If he testified that you used Victor gaskets in an 12 would be very difficult for me to be specific about 13 exhaust manifold and Victor head gaskets between 1977 13 that. The late 1970s we began to introduce 14 and 1987, and when he removed them, he had to scrape 14 non-asbestos containing head gaskets that were of the J 15 them off, part of it off, assume that he said that, 15 composition variety. 16 if you would, we know for sure that he wasn't using 16 BY MR VALLAS: 17 the beaded steel head gasket or exhaust manifold 17 Q Okay. What I'd like for you to do is just list for 18 steel construction Victor gaskets. 18 me the ones that you're familiar with, the | 19 MR BLIZZARD: Objection, form 19 non-asbestos containing high heat application gaskets 1 20 BY MR. VALLAS: 20 manufactured by Dana Victor in the 1980s? 21 Q Is that correct, Mr. Austin? 21 MR. CELBA: I'm going to object to the 22 A No, sir, I don't believe that you can definitely say 22 form. | 23 that. Once again, as we've talked in the past, 23 THE WITNESS: We began to use what we call 24 particular applications have particular nuances to 24 coramic style materials. 25 them; and if you could relate that to a part number 25 BY MR VALLAS: i lTi-ifatir n'iiSuTii1 ` |- [ i'i I~n7 ! 11 (Pages 38 to 41) Henjum Goucher Reporting Services 1-888-656-DEPO GARY AUSTIN Page 42 Page 44 j 1 Q Can you spell that for me? 1 stuck, if there is such a term, to the head and block 2 A C-O-R-A-M-I-C. We began to use engineered facing 2 surfaces. 3 materials with different designations that were 3 BYMR. VALLAS: 1 4 similar in appearance and nature to the asbestos 4 Q Do you know when the first year is that Dana Victor 5 containing facings. 5 started using anti-stick coating on its high heat 6 Q I'm sorry, I dropped part of your answer, similar in 6 application gaskets? 7 what? 7 MR. CELBA: Object to form. 8 A Similar in general appearance to the asbestos 8 THE WITNESS: We used a number of different 9 containing gaskets. 9 coatings over the years from the time I started with 10 Q Let me visit with you-- Any others you can think of 10 the company. 11 besides those two categories? 11 BY MR. VALLAS: 12 A In the 1980s we would have begun to see some graphite 12 Q Okay. Were any of those used in--Were any of those 13 material as well, I believe. 13 used for exhaust manifold head gaskets or intake 14 Q Okay. Let's talk about each one of those categories 14 gaskets that were- Strike the question. Were-1 15 if we can. First of all, the coramic style material, 15 guess in what application? Were those anti-stick 16 if you can explain to me what that is and what it has 16 coatings, were they used on every gasket product you 17 to do with gaskets in high heat applications. 17 all put out or during certain years or only some 18 MR. CELBA Object to form. 18 during certain years, or how did you all-- 19 THE WITNESS: When we discussed composition 19 A They were used on many different applications over 20 style gaskets, those were gasket materials or facing 20 the years. 1 21 materials that were mounted to some sort of a steel 21 Q Were there exhaust manifold asbestos containing I 22 core. Could have been a perforated steel core or 22 gaskets manufactured without the anti-stick coating 23 what we called an upset steel core with an adhesive 23 between 1977 and 1987? 24 used to bond the facing to the core. The facing 24 A Once again, we'd have to look at individual 25 materials, as we moved away from asbestos, the 25 applications. I can't tell you that every Page 43 Page 45 1 asbestos content was removed and was replaced by 2 other materials. 3 BY MR. VALLAS: 4 Q All right. Would the facing materials for high heat 5 applications, would they be soft or hard, or what 6 were the facing materials lilffe? 7 MR. CELBA: Object to form. 8 THE WITNESS: They were basically a soft 9 paper like facing that was combined with a steel 10 core. 11 BY MR. VALLAS: 12 Q Okay. Would that be something that after use in a 13 high heat application setting might need to be, in 14 other words, scraped off or wire brushed off? In 15 other words, when you were to take that gasket off. 16 might there be some of it sticking to the face or 17 whatever it had been applied to, and you'd have to 18 kind of take it and clean it off, or would those come 19 off intact? 20 MR. CELBA: Object to form. Go ahead. 21 THE WITNESS: Most gaskets have an 22 anti-stick coating of one sort or another that's 23 placed on them. Here again, we get back to the 24 individual application as to whether it might be 25 removed fairly easily or whether it would be more 1 application and every part number would have used a 2 coating. j 3 Q So there were some without it, you just wouldn't be 4 able to say yes or no without particular part 5 numbers; is that right? 6 MR. CELBA: I'm going to object to the 7 form. Go ahead. 8 BY MR. VALLAS: 9 Q Or if you can tell me. 10 A Without knowing the individual part numbers, I cannot 11 be assured that it did or did not have an anti-stick 12 coating. 13 Q How was the decision made to put an anti-stick 14 coating on this gasket over here and not on this 15 gasket over here? 16 A That would have been an application engineering 17 decision. i 18 Q From your years in working with Dana Victor are there j 19 at least general guidelines that you can point me 20 to? Like could I mention a particular application j 21 for any type of gasket in a high heat setting, and | 22 you can tell me, yes, it would have or no, it 23 wouldn't have had some type of anti-stick coating on 24 it, or it would have this year or wouldn't have this j 25 year, or are we absolutely at a place where we would j Henjum Goucher Reporting Services 1-888-656-DEPO 12 (Pages 42 to 45) GARY AUSTIN Page 46 Page 48 | 1 have to know the specific part number to know the 2 answer to that question? 3 MR. CELBA: Object to form. 4 THE WITNESS: We would have to have 5 specific part numbers to deal with to assure 6 ourselves that they had an anti-stick coating. 7 BY MR. VALLAS: 8 Q Tell me your understanding of the engineering 9 standards, if you know, I guess that decision making 10 process as to whether or not an anti-stick coating 11 went on them or an anti-stick coating didn't go on 12 them as far as you understand how that decision was 13 made? 14 MR. CELBA: Object to form. 15 THE WITNESS: It would have been made by 16 the application engineer at Victor in conjunction 17 normally with the gasket engineer or assigned 18 engineer at the customer. 19 BY MR. VALLAS: 20 Q Okay. And ifyou can just tell me, do you have an 21 understanding as to-- Other than what you just told 22 me, do you have an understanding as to why or not an 23 anti-stick coating might have been used? 24 A In general the purpose for an anti-stick coating was 25 to prevent the surfaces from sticking to the gasket 1 coating. I 2 Q Okay. I think we kind of started talking about--We ! 3 were talking a few moments ago before we got on the I 4 anti-stick discussion, we were talking about these | 5 coramic style materials. Let me bring you back a J 6 little bit to that discussion if I can. We were | 7 talking specifically about the facing material, and I f 8 think you described it as a soft paper like facing; i 9 is that correct? 10 A . Yes. . | I 11 Q Okay. Is that something--To the extent that you're 1 12 familiar with those-- Well, actually, strike the f 13 question. Do you know the first year that coramic 1 14 style materials as you described them started being | 15 used-- Strike the question. Do you know the first f 16 year that coramic style materials started being used | 17 in head gaskets manufactured by Dana Victor? 1 18 MR. CELBA: Object to form. 19 THE WITNESS: Coramic materials in general 20 came into being in the 1970s or early 1980s. That's 21 about as close as I can get. 22 BY MR VALLAS: 23 Q Okay. Do you have an understanding through the time 24 period 1977 to 1987 of what percentage of Dana 25 Victor's exhaust manifold gaskets would have been j . Page 47 Page 49 j 1 in the case of a necessity of removal. 2 Q Okay. I appreciate that. I'm trying to figure out, 3 do you have an understanding as to when that would be 4 a problem, in other words, that sticking such that an 5 anti-stick coating might be used and an understanding 6 as to when that wouldn't be a concern and an 7 anti-stick coating probably wouldn't be used? If you 8 don't know, you just tell me. 9 A I can't be specific without a particular application. 10 Q Okay. Head gaskets manufactured by--Well, asbestos 11 containing head gaskets manufactured by Dana Victor 12 during, let's say, between 1977 and 1987, can you-- 13 Just knowing that, that it was a head gasket, any 14 understanding, assuming it was an asbestos containing 15 gasket, any understanding as to whether or not that 16 would have an anti-stick coating on it or not? Can 17 you say one way or another? 18 A I really hate to talk in general terms, but head 19 gaskets in general contained anti-stick coatings. 20 Q How about- Let's say from 1977 again to 1987, 21 asbestos containing exhaust manifold gaskets, any 22 general understanding again as to whether or not 23 those would have had anti-stick coating or not? 24 A Once again, talking in general terms, the answer 25 would be that they did have some sort of anti-stick 1 coramic style as opposed to asbestos containing-- or 2 just coramic style? 3 A I don't understand the comparison you're asking for, ! 4 sir. 5 Q Probably a bad question. Do you have an 6 understanding through, from the late 1970s through I 7 the late 1980s, do you have an understanding as to S 8 what percentage of Dana Victor's exhaust manifold 1 9 gaskets would have been asbestos containing versus i 10 non-asbestos containing? 11 MR CELBA: Object to form i | 12 BY MR VALLAS: 13 Q If you know. 1 14 A It would have varied every year, as I've stated j 15 before. Beginning in the late 1970s we began to move j 16 away from asbestos containing materials, so it would j 17 have been a different percentage at different times 18 during that decade. j 19 Q Okay. Let's talk about-Let me kind of do that | 20 Let's say as of the time that-- Let's say starting in j 21 1977 or in the late- Let's say 1977, what percentage ] 22 of exhaust manifold gaskets, Dana Victor exhaust j 23 manifold gaskets in 1977, if you know, would have had 24 asbestos versus non-asbestos? 25 MR CELBA: Object to form Henjum Goucher Reporting Services 1-888-656-DEPO 13 (Pages 46 to 49) GARY AUSTIN Page 50 Page 52 | 1 THE WITNESS: Are we speaking only of 2 exhaust gaskets that contained asbestos? 3 BY MR. VAT .1 AS: 4 Q Yes. What percentage would have had asbestos, of 5 exhaust gaskets would have had asbestos versus the 6 percent of those that would not have had asbestos in 7 1977? 8 A Excluding the metallic? 9 MR CELBA: Objection. 10 BY MR. VALLAS: 11 Q Excluding the metallic that we talked about. 12 A A very large percentage in 1977. 13 Q And large percentage, if you can, just kind of tell 14 me what that means. I'm trying to figure out what 15 you consider large? 16 A I guess I'm looking-- You know, if we exclude 17 metallics and we're only talking about the other 18 materials, 90 percent maybe. 19 MR. CELBA: I'm going to object. That 20 calls for speculation. 21 THE WITNESS: Are you still there? 22 (Off the record.) 23 BY MR. VALLAS: 24 Q Let's go back on. Ithinkjustpriorto-- I 25 completely missed whatever answer you might have 1 it would have at least been 50 percent? 2 A I really don't want to get into trying to guess. 3 Q Okay. Let me ask you this, from 1977 to 1987 is it 4 safe that-- for me to just ask you the question about 5 that-- same question about all of those years 6 collectively that you wouldn't be able to give me a 7 specific percentage of the gaskets that were asbestos 8 containing versus non-asbestos containing exhaust 9 gaskets excluding the metal ones; is that right? 10 A All I can tell you is that the number would have 11 continued to a downward trend over that period of 12 time. 13 Q Okay. At what point, if you have an understanding. 14 would you have characterized the percentage as 1 15 something- As those years went by, if you know, or j 16 if you feel comfortable saying, at what point as 1 17 those years went by, would you reach a point where 18 you can comfortably say, well, it wouldn't be large, 19 it would be some other word that you want to use? 20 MR CELBA: Object to form. Go ahead. 21 THE WITNESS: Once again. I'm just 22 speculating. 23 BY MR VALLAS: 24 Q Okay. Can we say that in 1987 the-- Can we say that 25 as late as 1987 that the percentage of gaskets being Page 51 Page 53 1 given to that last question, Mr. Austin. My end of 2 the phone went dead. We were talking about 1977, 3 excluding- We were talking about exhaust gaskets, 4 exhaust manifold gaskets. We're excluding the steel 5 gaskets. What percentage ofexhaust gaskets in 1977 6 would have had asbestos in them? You said it was a 7 large percentage, and I was trying to get a better 8 idea of what that was. 9 A You want the reporter to-- 10 MR. CELBA: Object to form. No. 11 BY MR VALLAS: 12 Q Go ahead and answer. 13 A It was a large percentage. It just becomes 14 speculation. Pm just very reluctant to just hang a 15 number out there for the sake of hanging a number out 16 there. 17 Q I certainly don't want you to guess. 18 A That's where I'm at. 19 Q When you say large, I'm just trying to get an 20 understanding of what the most specific answer you 21 can give me, and so that's all Pm trying to do, but 22 I don't want you to guess. 23 A That's what it would be at this point in time. 24 Q Okay. By large can you say it would have been more 25 than 50 percent? Do you have an understanding that 1 manufactured by Dana Victor for exhaust, other than 2 the metal gaskets that we talked about, would you 3 still characterize it as a large percentage, or can 4 you say? 5 A I think I can say that it would not have been a large 6 percentage. 7 Q Okay. Can you be any more specific than that? 8 A I really don't want to be, Mr. VALLAS. 9 Q Okay. You couldn't say whether or not it would have 10 been-- You can't say that it would have been less 11 than 50 percent? 12 A Once again. I'm back to speculating, and I don't want 13 to do that. 14 Q Okay. I appreciate that. With regard to that series 15 of questions that I just asked you during that time 16 period, would your answer be the same with regard-- 17 We were just talking about the exhaust gaskets a 18 minute ago. Would your answer be the same with 19 regard to head gaskets? 20 MR CELBA: Object to the form. j 21 THEJJTTNESS: Once again, it would be 22 largely speculatlori. | 23 BY MR VALLAS: ^ j 24 Q Okay. Well, could you-- Would you at least say that 25 as of 1977 that the percentage of gaskets Henjum Goucher Reporting Services 1-888-656-DEPO 14 (Pages 50 to 53) GARY AUSTIN Page 54 Page 56 1 manufactured by Dana Victor other than steel gaskets 2 that were head gaskets, could you still characterize 3 that percentage as being large? In other words, can 4 you give me the same answer for the head gaskets as 5 you gave me for the exhaust gaskets, or can you not? 6 MR. CELBA: Same objection. 7 THE WITNESS: In general, the mles that 8 applied were that in *77 we were beginning the 9 evolution away from asbestos gaskets, or in the late 10 '70s, and by 1988 we were 100 percent asbestos 11 free. 12 MR. VALLAS: Let me object to the 13 responsiveness. 14 BY MR. VALLAS: 15 Q I understand that. But I'm wondering, I've asked you 16 the questions with regard to the exhaust gaskets, and 17 I appreciate it. I'm just trying to clear it up with 18 the head gaskets for that time period between 1977 19 and 1987, other than telling me that the percentage 20 of asbestos containing gaskets manufactured by Dana 21 Victor that were head gaskets, that were not metal 22 gaskets, in 1977 was a large percentage, could you be 23 any more specific than that? 24 MR. CELBA: Object to form. 25 THE WITNESS: No, I don't want to be any 1 Q Okay. With regard to any of the years between 1977 2 and 1987 can you be any more specific than that? 3 Would your answer change in any manner? 4 MR CELBA Object to form 5 THE WITNESS: My answer is the same. It was 6 evolutionary over that period of time. I'm not in a 7 position to try to speculate as to what the numbers 8 were at any given time during that period. 9 BY MR VALLAS: 10 Q Okay. Let me go back to the coramic style material a 11 little bit. I think you mentioned you don't know the 12 first year that those were actually used- Strike 13 that Were the coramic style materials used in 14 exhaust manifold applications as well as head gasket 15 applications at some point? 16 A I don't have a clear recollection, to be perfectly 17 honest with you. 18 Q Okay. From what you know about these coramic style 19 materials that we discussed earlier, if you can't | 20 answer the question, let me know. It may be a | 21 question I've got to ask one of you all's engineers. 22 Could they have been used in an exhaust manifold 23 application or a head gasket application, if you 24 know? 25 MR CELBA: Object to form Page 55 Page 57 1 more-- 1 BY MR. VALLAS: 2 MR. CELBA: That was with respect to 2 Q Is there anything about the composition of that 3 exhaust gaskets, I thought. 3 gasket that either made it compatible with or not 4 MR. VALLAS: That was the first category we 4 compatible with application to either a head gasket 5 were talking about. I'm just trying to see if he can 5 or an exhaust manifold gasket? 6 tell me the same thing with regard to the head 6 MR CELBA: Same objection. 7 gaskets. 7 THE WITNESS: I think that's a question 8 MR. CELBA: That's been asked and 8 better asked of the materials engineers. 9 answered. You phrased your last question improperly. 9 BY MR VALLAS: 10 You referred to him giving that testimony to you with 10 Q I appreciate that. I'll move on then. I think kind 11 respect to heads rather than exhaust. That was the 11 of the second- You mentioned something else other 12 basis for my objection. 12 than coramic style materials. You also mentioned a 13 MR. VALLAS: Let me strike it and just try . 13 little while ago-- I think you just referred to it as 14 to clean it up. 14 engineering facing materials similar in appearance to 15 BY MR. VALLAS: 15 asbestos containing gaskets. Do you remember that? 16 Q. In 1977 can you say that the percentage of asbestos 16 A Yes. 17 containing gaskets, head gaskets that were being 17 Q Okay. Do you know whether or not that-- those 18 manufactured by Dana Victor, other than the metal 18 materials that we're kind of-- that I'm kind of 19 gaskets, was a large percentage? 19 referring to there, do you know if there was anything 20 MR. CELBA: Same objection. 20 about those materials that would have either made j 21 THE WITNESS: Yes, I can say that. 21 them compatible with or incompatible with exhaust 22 BY MR VALLAS: 22 manifold application or head gasket application from 23 Q Can you be any more specific than that with respect 23 24 to the year 1977? 24 1977 to 1987, or would I have to ask an engineer that? j 25 A No, I will not be. 25 MR CELBA: Object to form. j Henjum Goucher Reporting Servici 1-888-656-DEPO 15 (Pages 54 to 57) GARY AUSTIN Page 58 Page 60 i 1 THE WITNESS: Many of those materials were 2 specifically designed for particular applications. 3 Whether they were appropriate for use in different 4 applications really falls into the application 5 engineering area. 6 BY MR. VALLAS: 7 Q Okay. That would be a question I would need to ask 8 of them, true? 9 A Yes, I believe so. 10 Q Okay. Do you know the first year-- With regard to 11 those engineering materials, do you know the first 12 year that Dana Victor started manufacturing that 13 product as a gasket? 14 A I can't be absolutely specific as to year. 15 Q Okay. Do you know the last year, or do they still? 16 A Some of those materials are still in use today. 17 Q Okay. I think the other thing you mentioned-that 18 you mentioned that at some-- at some point there was 19 some graphite containing product or graphite- that 20 graphite was used in gaskets. Do you remember 21 mentioning that as well? 22 A Yes, I do. 23 Q That graphite at some point was used in gaskets that 24 had applications-- in gaskets? Actually, did I just 25 say gaskets twice? Strike the question. Tell me as 1 THE WITNESS: Yes, they were. [ 2 BY MR VALLAS: 3 Q They were, okay. I'm sorry, let me bounce back to j 4 the graphite containing gaskets once again. Do you 5 happen to know, or do you know whether or not those 6 graphite containing gaskets were compatible with or 7 not compatible with exhaust manifold applications or 8 head gasket applications, or, again, would that be a 9 question for the engineer? 10 A They are used extensively in head gasket 11 applications. Beyond that, I think you probably 12 ought to ask an application engineer. 13 Q All right. Would there be anything about the 14 graphite containing gaskets that when removed, would 15 any part of them perhaps have to be scraped off or 16 wire brushed off, or were they such that they came 17 off intact? 18 MR CELBA: Object to from 19 THE WITNESS: There again, it would be very 20 much specific to the particular application. 21 BY MR VALLAS: 22 Q Okay. So I'm just trying to figure out here-- So the 23 graphite it was-- Let's see, do you know what 24 percentage graphite it was, those gaskets were? 25 A Nearly 100 percent. Page 59 j. Page 61 1 you understand it what the graphite brought to the 2 gasket, so to speak? Why was the graphite added to 3 the gasket, if you know? 4 MR. CELBA: Object to form. 5 THE WITNESS: Graphite gaskets have great 6 conformability and good heafresistance. 7 BY MR VALLAS: 8 Q Okay. Do you know when the first year is that Dana 9 Victor started manufacturing gaskets for high heat 10 application that contained graphite? 11 MR CELBA: Object to form. 12 THE WITNESS: No, I can't be specific as to 13 the year the first one came out. 14 BY MR VALLAS: 15 Q Okay. Do you know whether it came out at any time 16 prior to 1987? 17 A No, I can't be certain. 18 Q Okay. I don't know if I asked you that same question 19 with regard to the engineering facing materials. Do 20 you know if those engineering facing materials that 21 we were talking about a couple minutes ago, do you 22 know if Dana Victor was manufacturing gaskets made of 23 those materials for high heat applications at any 24 time prior to 1987? 25 MR CELBA: Object to form 1 Q Okay. Ifyou just held it in your hand and played [ 2 with it, was it a soft material, or was it an j 3 extremely hard material? 4 A No, it was a soft material. 5 Q Okay. Let me get back to where we were a little 6 while ago. We were talking about the material that 7 you had reviewed in the case and what other materials 8 prior to your deposition today or you brought with 9 you today, other than those that we've already 10 attached, what else do you have with you? 11 A Nothing. 12 Q Okay. 13 A Ifri sorry, I did mention the depositions, correct? 14 Q Yes, the two Longeau depositions? 15 A Yes. That's all I have. 16 Q Okay. You're right, we did not attach those, but we 17 discussed them. Other than those, there is nothing 18 else we haven't either attached or discussed, true? 19 A That's correct 20 Q You haven't reviewed the deposition-- You haven't j 21 reviewed any other depositions in this case, correct; 22 is that right, Mr. Austin? j 23 A That's correct. 24 Q Let me ask you this question, when I took your 25 deposition in the Gerald Pyle case last week or a Henjum Goucher Reporting Services 1-888-656-DEPO 16 (Pages 58 to 61) GARY AUSTIN Page 62 Page 64 1 1 couple weeks ago we talked about a gentleman who, I 1 that? I 2 guess sold some Dana Victor asbestos containing 2 A I have no idea. 3 product kind of through his own company. Do you 3 Q Do you know the last year that he did it? j 4 remember talking about that guy? I asked you where 4 A No, I do not. 5 he was in the country if you knew. You said you 5 Q Do you know any years that he was doing it, that you 6 didn't know. Do you remember that guy? 6 can tell me for sure? In other words, Mr. Valias, I 7 A Yes, I do. 7 can't tell you the first year or the last year, but I 8 Q Do you happen to recall what his name was? 8 can tell you in this year or during these years that 9 A Roger Moss. 9 he had that type of relationship with Dana Victor? 10 Q Okay, that's him. Do you know--If you can, just 10 A Only that he was referred to in one of the exhibits, 11 tell me again what your understanding ofhis 11 whatever the date of that particular exhibit would 12 relationship was with Dana Victor. 12 have been. 13 A I understood him to be a materials broker 13 Q Okay. Do you have an understanding as to the volume 14 representative. 14 of product Dana Victor asbestos containing gasket 15 Q Okay. By that he bought- Is it your understanding 15 products he sold or distributed for-- 16 that he bought asbestos containing gasket products 16 A No, sir. 17 from Dana Victor and then marketed them to whoever 17 MR CELBA: I'm going to object to the 18 his customers were? 18 form 19 MR. CELBA: Object to form 19 THE WITNESS: No, sir, I do not 20 THE WITNESS: He purchased materials and 20 MR VALLAS: What's the basis of the 21 then sold them to other individuals or companies. 21 objection? 22 BY MR. VALLAS: 22 MR CELBA: You're assuming it's asbestos 23 Q Okay. To your knowledge, does Dana Victor-- Did Dana 23 containing gasket material. That has never been in 24 Victor ever have any type ofsay-so as to the . 24 evidence whatsoever. 25 customers that he could sell to? In other words, was 25 BY MR VALLAS: Page 63 Page 65 1 there a particular market? Was he restricted, or 1 Q Okay. Mr. Austin, do you have an understanding as to 2 were there a particular group of customers? Was he 2 what type of products-- what type of Dana Victor 3 restricted geographically? Did Dana Victor have any 3 products Mr. Moss bought from Dana Victor and resold j 4 type of noncompete contract with him such that he 4 or whatever he did do with it? 5 couldn't sell to this guy or that guy or whatever the. 5 A The only recollection I have is that he bought a 6 case may be? Do you have ally understanding of those 6 number of different types of materials from us. 7 types of issues? 7 Q Were any of those asbestos containing gasket product 8 MR. CELBA: Object to form 8 materials? 9 THE WITNESS: I have no knowledge of the 9 MR CELBA: Object to form 10 business arrangements with Mr. Moss. 10 THE WITNESS: I can't be certain. 11 BY MR. VALLAS: 11 BY MR VALLAS: 12 Q Did you ever have an opportunity to speak with him? 12 Q Okay. Do you have any understanding, Mr. Austin, as 13 A No, I did not. 13 to whether or not Dana Victor or anybody else, 14 Q Do you know of anyone else other than Mr. Moss that 14 Mr. Moss or anybody, sold Dana Victor asbestos 15 had a relationship similar to that with Dana Victor 15 containing gaskets or any other type of Dana Victor 16 at any time such that they took Dana Victor's 16 gaskets to the Navy at any time? 17 asbestos containing gaskets products and sold them to 17 A I have no idea. 18 customers unbeknownst to Dana Victor? 18 Q Let me ask you this if I can, during the years that 19 MR. CELBA: Object to form 19 you have worked with Dana Victor, at any time have 20 THE WITNESS: I have no knowledge of any 20 you ever heard or seen anything or made an assumption 21 other individuals involved. 21 for whatever reason-- if you have, we'll talk about 22 BY MR. VALLAS: 22 it, that any other company other than the company 23 Q Okay. Do you know the first year that Mr. Moss began 23 that you have worked for has ever at any time 24 that type of relationship that you've discussed with 24 manufactured any type of gasket with the Victor name. 25 Dana Victor? In other words, when did he start doing 25 under the Victor brand name? Henjum Goucher Reporting Services 1-888-656-DEPO 17 (Pages 62 to 65) GARY AUSTIN Page 66 Page 68 1 MR. CELBA: Object to form. 1 form. 2 THE WITNESS: I have no knowledge of that. 2 BY MR. VALLAS: j 3 BY MR. VALLAS: 3 Q If that's not what you're telling me, just say no, 4 Q Okay. In other words, let me ask you this, do you 4 Mr. Valias, you misunderstood me. 5 think after spending 35 years with Dana corporation 5 MR. CELBA: I still object. 6 that if there was another company manufacturing or 6 MR. VALLAS: He can answer the question. I 7 distributing gaskets under the name Victor for at 7 appreciate that. 8 least the years that you've been with the company 8 THE WITNESS: Once again, you've asked the 9 here in the U.S. that you would have known about it, 9 question in a manner that I guess-- 10 or do you-- Would you have been in a position with 10 BY MR. VALLAS: 11 the company to know about that? 11 Q Okay. 12 MR. CELBA: Object to form. 12 A You're saying anywhere in the Navy, then we're back 13 THE WITNESS: I really wouldn't have 13 to internal combustion engines and diesel engines. 14 necessarily been in a position to know that. 14 Q Let me withdraw the question and ask this, Mr. 15 BY MR. VALLAS: 15 Mathias and a coworker of his testified that they 16 Q Never heard of another company doing it? 16 worked as boiler technicians, when they were working 17 A No, sir. 17 as boiler technicians in the U.S. Navy, on U.S. Naval 18 Q If Mr. Mathias in this case testified that he saw and 18 vessels, between 1961 and 1965, that they worked with 19 worked with Victor gaskets in the Navy at some time 19 Victor gaskets, do you have any reason to dispute 20 between 1961 and 1965, would you have any reason to 20 that the Victor gaskets they said they were working 21 dispute it? 21 with were anyone else's other than you all's? 22 MR. CELBA: I'm going to object to the 22 MR. CELBA: Object to the form. 23 form. 23 THE WITNESS: In the context that it was in 24 THE WITNESS: I guess the only thing I can 24 their normal duties of working with boilers, I would 25 say is that we are in the internal combustion engine 25 find it very unusual that they would have encountered Page 67 Page 69 1 and diesel engine business, so if he were taking 2 apart an engine, that's about all I can, you know, I 3 can say. 4 BY MR. VALLAS: 5 Q Okay. So, well, if he wasn't working on an engine-- 6 Til give a-- Let's look at my notes, and Til tell 7 you what he was doing. He was a boiler technician on 8 a couple of ships in the Navy between 1961 and 1965, 9 and both he and a guy he worked with in the Navy said 10 that they worked with Victor gaskets during that time 11 period on U.S. Naval vessels as boiler technicians. 12 You got any reason to dispute that it wasn't you 13 all's product that they were working with? 14 MR. CELBA: Object to form. 15 THE WITNESS: I don't know. Since16 Certainly since I've been with the company I don't 17 recall ever having applications that I would 18 anticipate you're speaking of. I guess that would be 19 what I would say to that. 20 BY MR. VALLAS: 21 Q Okay. So I guess from 1968 through the present you 22 don't have any understanding of any Dana Victor 23 gaskets being used in naval applications; is that 24 what you're telling me? 25 MR. CELBA: I'm going to object to the 1 Victor gaskets. 2 BY MR. VALLAS: 3 Q What1s the basis for that understanding? 4 A I can't recall an application that we had made that 5 was that type of application. Once again, we're in 6 the engine business. 7 Q Okay. When you got there in 1968 have you ever gone 8 back and reviewed all the documents to try to get an 9 understanding of all the different applications 10 that- of all the different applications that Dana 11 Victor gaskets either were intended to be used for or 12 could have been used for prior to the time that you 13 started there? 14 MR. CELBA: Object to form. 15 THE WITNESS: I've reviewed a number of 16 documents in relationship to our applications of 17 gaskets. 18 BY MR. VALLAS: 19 Q Yes, sir. 20 A And I do not see anything there in my review that 21 would indicate a boiler type of application. 22 Q You have reviewed what you consider to be- You 23 reviewed documents that preexisted or that predate ! 24 the commencement of your employment with Dana Victor? 25 A I've reviewed some documents. There are literally Henjum Goucher Reporting Services 1-888-656-DEPO 18 (Pages 66 to 69) GARY AUSTIN Page 70 Page 72 1 hundreds of thousands of documents. Obviously, I've 1 then we're going to wrap up, or at least I am We'll 2 not reviewed hundreds of thousands of documents. 2 see if anybody else has anything to say. I can't 3 Q Okay. So what you're telling me is from the 3 remember ifI've asked you this question or not If 4 materials- based on the information that you know, 4 I have, I apologize. We've talked about the four 5 having not reviewed I guess the world of documents 5 facilities that you're aware were up and running and 6 that predates your employment with Dana Victor as far 6 manufacturing asbestos containing gaskets in the '70s j 7 as asbestos containing gaskets are concerned, you're 7 at least, the St Thomas, Robinson, Chicago and i 8 limiting your answer to what you know from your 8 Havana. I can't remember if I asked you this 9 review of the records that you've reviewed and from 9 question, do you know whether at any other time Dana 10 the years that you've worked in the Chicago facility 10 Victor ever had any other facility other than those j 11 with Dana Victor, true? 11 four that manufactured asbestos containing gasket 12 MR. CELBA: Object to form. 12 products at any time, in the United States? 13 THE WITNESS: I'm testifying based on my 13 A Not to the best of my recollection. 14 knowledge and the review of the document, if that's 14 Q Have you ever served in the military, Mr. Austin? 15 your question. 15 A No, I have not. 16 BY MR. VALLAS: 16 Q Do you consider yourself to be at all familiar with 17 Q Do you know if I wanted to find out whether or not 17 the type of equipment that might have been found or 18 Dana Victor sold gaskets to the Navy, asbestos 18 that would have been found on United States Naval 19 containing gasket products to the Navy at any time 19 vessels or ships in the early 1960s and-- Well, let 20 prior to your employment with Dana Victor, or let's 20 me ask you that question. 21 say if you wanted to find that out, how would you try 21 MR CELBA" Object to form 22 to start that investigation? Who would you initially 22 THE WITNESS: No, I don't believe I have 23 go start talking to? 23 any expertise in that area. 24 A It would be in the sales group someplace. 24 BY MR VALLAS: 25 Q Is there a particular person that there that you 25 Q Would you know whether or not-- Do you know enough Page 71 Page 73 1 would try to first make contact with? 1 about naval equipment on U.S. ships in the 1960s to ! 2 A Not for information that's that old. 2 say one way or the other whether or not Victor i 3 Q Okay. Then I guess how would you go about it? 3 asbestos containing gasket products were compatible j 4 A You'd probablyjust begin talking to the sales 4 or incompatible in any application, in any naval 5 department and see if there was any direction they 6 could offer you. " 5 application in the 1960s? 6 MR CELBA: Object to form | 1 7 Q Okay. Anybody over there in particular you would 7 BY MR VALLAS: 1 8 talk to? 8 Q If you know. 9 MR. CELBA: Object to form Go ahead. 9 A I don't see any compatibility, but I'm not an expert 10 THE WITNESS: It would probably be one of 10 on naval equipment. 11 the sales directors. 11 Q Okay. Can you tell me, as far as equipment that 12 BY MR VALLAS: 12 might have been on ships, naval vessels in the early 13 Q Okay. Any particular name you can think of or names? 13 1960s, can you name any piece of equipment that might 14 A Denny Jones. 14 have required, or name any application that you're 15 Q Okay. Any others you can think of, sales directors? 15 familiar with that might have required the use of an 16 A He would be my first choice. 16 asbestos containing gasket on board a ship in the 17 MR VALLAS: Okay. Why don't we go off the 17 1960s? 18 record for just a second. I'm going to check my 18 MR CELBA: Objection. 19 notes, then we will see if there's anything else I 19 BY MR VALLAS: 20 need to talk to Mr. Austin about. I'm sure there's 20 Q If you can say. 21 going to be a few extra things, but let's take a 21 A Once again, we make internal combustion engines, so 22 five-minute break. 22 if there was some sort of an application with 23 (Recess taken.) 23 internal combustion engines, that would be the place 24 BY MR VALLAS: 24 that I would look I guess or a diesel engine. 25 Q Mr. Austin, I've just got a few more questions, and 25 MR VALLAS: Okay. I guess let me object Henjum Goucher Reporting Services 1-888-656-DEPO 19 (Pages 70 to 73) ' GARY AUSTIN Page 74 Page 76 | 1 to the responsiveness. 1 Q I appreciate that. Do you know of any non-asbestos-- | 2 BY MR. VALLAS: 2 Sorry, are you familiar with any Dana Victor 3 Q I know you've told me that a couple times, Mr. 3 non-asbestos containing high heat application gaskets 4 Austin. I'm just again trying to figure out the 4 that were manufactured by Dana Victor in the 1960s? 5 scope of your knowledge, make sure that I'm crystal 5 MR. CELBA: Object to form. 6 clear on that to the extent that I can be. I guess 6 THE WITNESS: I don't understand the 7 what I'm wondering is can you tell me any 7 question. I'm sorry. 8 application-- Well, let me ask you this, do you know 8 BY MR. VALLAS: 9 whether or not there would have been any internal 9 Q Sure. We talked about the fact-- We talked about two 10 combustion engines on U.S. Naval vessels in the 10 products earlier that you were familiar with that 11 1960s? 11 were manufactured by Dana Victor for high heat 12 MR. CELBA: Object to form. 12 applications-- No, I think I've already asked the 13 BY MR. VALLAS: 13 question. I think we discussed it earlier. 14 Q Do you know one way or the other? 14 MR. CELBA: That was my objection. 15 A No, I don't. 15 BY MR. VALLAS: 16 Q Do you know one way or the other whether or not 16 Q I just didn't realize that discussion had encompassed 17 Victor asbestos containing gaskets-- Do you have any 17 the question I was asking. Let me move on. Can you 18 reason to believe that Victor asbestos containing 18 tell me all of the Victor asbestos containing gaskets 19 gaskets, that they just would have been incompatible 19 or just Victor gaskets-- just Victor gaskets to the 20 with naval applications in the-- on board vessels in 20 extent that they had any type of logo on the box, on 21 the 1960s? 21 the packaging on the products itself, tell me the 22 MR. CELBA: Object to form. 22 extent you're familiar with that, the different J 23 BY MR. VALLAS: 23 varieties of logos, if there were one, you're 24 Q Do you have any basis for any understanding one way 24 familiar with? 25 or the other? 25 MR. CELBA: Object to form. Page 75 Page 77 1 A The gaskets that we make go to particular 2 applications. 3 Q Okay. 4 A So if, you know, if that application were present on 5 a ship, then there would be Victor gaskets there. If 6 those applications weren't-- " 7 Q I'm sorry, were you finished? 8 A Yeah. 9 Q Let me just explore that with you a little bit. You 10 said that they go to particular applications. I know 11 that there was a-- You've told me several times in 12 this deposition and in previous depositions that 13 there were certain markets to which you guys- for 14 which you guys, you know-- You keep talking to me 15 about certain markets, those being the internal 16 combustion engines, you know, that's not really my 17 question. What I'm asking you is do you have any 18 reason to believe that Victor asbestos containing 19 gaskets would have been incompatible with naval 20 applications, on board U.S. Naval vessels in the 21 early 1960s? 22 MR. CELBA: Object to form. 23 THE WITNESS: That's really a question you 24 would have to ask of an application engineer. 25 BY MR. VALLAS: 1 THE WITNESS: There were a few different 2 ones that I'm familiar with. 3 BY MR. VALLAS: 4 Q There are a few, is that what you said? 5 A Yes, sir. 6 Q Let's just kind of take them in order wherever you 7 want to start, describe the first one for me. 8 A The name Victor. 9 Q Okay. 10 A Why don't we run through the list and I'll come back 11 and visit with you about each one of them. What's 12 the next one? 13 A V, period, G, period. 14 Q Okay. 15 A And a logo that had a sort of interlocking VG inside 16 of a circle. 17 Q VG inside of a circle, okay. 18 A Those are the three that come to mind. 19 Q All right. Might there have been others that you 20 don't recall? 21 MR. CELBA: I'm going to object to form. 22 THE WITNESS: Those are the three that come 23 to mind, sir. 24 BY MR. VALLAS: 25 Q I appreciate that. Might there have been others I 1 | 1 i ; Henjum Goucher Reporting Services 1-888-656-DEPO 20 (Pages 74 to 77) GARY AUSTIN Page 78 Page 80 i 1 that-- Might there have been other logos on Dana 2 Victor's gaskets that you're not familiar with? 3 MR. CELBA: Object to form. 4 THE WITNESS: I only know of those three. 5 BY MR. VALLAS: 6 Q Okay. I'm probably asking a poor question. I 7 appreciate that. I understand your answer. I guess 8 what Fm trying to get at is can you tell me for sure 9 that during the entire time that Dana Victor was 10 manufacturing gaskets that those were the only three 11 logos that would have appeared either on the gasket 12 itself or on the box or on the packing, or do you 13 know for sine? 14 MR. CELBA: Object to form. 15 THE WITNESS: No, I don't know for absolute 16 certainty. 17 BY MR. VALLAS: 18 Q Let me ask you this if I can, let's just talk about 19 the first one, the Victor logo, V-I-C-T-O-R, the name 20 spelled, was it on the box or on the product itself, 21 or-- and I'm just going to limit these questions to-- 22 let's limit the questions to asbestos containing 23 gaskets. Actually, let me think about that. Let me 24 back up and strike the question. Let's limit the 25 questions to just Victor gaskets. To the extent that 1 imprint in the gasket material itself? 2 DEFENSE COUNSEL: Objection. 3 THE WITNESS: It was an impression in the I 4 gasket, yes. 5 BY MR. VALLAS: 6 Q Do you know what years that logo was used, the first 7 year and the last year? 8 A No, I do not. 9 Q Do you know-- Can you tell me any of the years that 10 it was used? In other words, Mr. Valias, I can't 11 tell you the first year or the last year, but I can 12 tell you during this year or during these years that 13 that particular logo was used, if you know. 14 A I can't be specific because it would have been called 15 out for an individual part number, and it could have 16 continued to be used for a number of years. 17 Q The three different logos that you've mentioned, the 18 Victor, the VG, and the interlocking VG, did any of 19 their years of use overlap, or did you kind of move 20 from one logo to the next logo to the next logo? 21 A There was some overlapping. 22 Q Okay. Let's talk about the next one, if we can, the 23 V, period, G, period. 24 A That's my recollection, yes. 25 Q Do you know the first year that that logo was used 1 Page 79 . Page 81 I 1 Dana Victor made any other types of products, Fm not 2 concerned about the logos. Do you know if that first 3 logo we're talking about, just the V-I-C-T-O-R, was 4 it used on Victor gaskets? 5 A On the gasket itself? 6 Q Or on the box? * 7 A Yes. 8 Q Was it on the gasket or on the box or both? 9 A The Victor was used on the gasket. 10 Q Okay. Was it used on asbestos containing gaskets? 11 A I believe-- yes, I think-- Yes, I can say it was. 12 Q Was it used on non-asbestos containing gaskets? 13 A Yes, it was. 14 Q How did the logo appear? Was it all in cursive? Was 15 it all in block letters? Did it vary? Tell me I 16 guess all the different varieties, so to speak, of 17 that particular logo as far as the lettering is 18 concerned that you're familiar with. 19 A My recollection was all block letters. 20 Q Any particular color? Do you recall other colors, or 21 do you recall colors? 22 A On the gaskets it would have been stamped in with a 23 metal stamp in most cases. 24 Q Stamped in with a metal stamp, okay. So it wasn't 25 some type of ink on the gasket, it was some type of 1 and the last year that that logo was used? 2 A No, I do not. 3 Q Can you tell me any years that it was used? 4 A No, not specifically, I can't. --.. 5 Q Was it used on the gasket itself, or waSTCon the 6 box or the packaging? ^---- -------- 7 A It would have been on the gasket itself. 8 Q Okay. Was it used on asbestos containing gaskets? 9 A Yes, I believe it was. 10 Q Was it used on non-asbestos containing gaskets? 11 A Yes, I believe it was. 12 Q Okay. I assume that the different facilities that 13 we've talked about that manufactured asbestos 14 containing gaskets, the four that you're familiar 15 with in the U.S., that one of them didn't use one 16 logo and then another one used another logo, and 17 another one; is that correct? In other words, what 18 Fm asking is if I see an old Victor gasket with a j 19 particular logo on it, that logo's not going to tell 20 me from which plant that came from; is that right? j 21 A That is correct. 22 Q Then the interlocking VG, do you know the first year 23 that it was used or the last year that it was used? 24 A No, I do not. | 25 Q Do you know,'Was it on the box or on the gasket i Henjum Goucher Reporting Services 1-888-656-DEPO 21 (Pages 78 to 81) GARY AUSTIN Page 82 Page 84 | 1 material itself or both, if you recall? 2 A I know it was used on the gasket, and I believe it 3 was also used on the box. I have a recollection of 4 that. 5 Q Are there particular years during which you can tell 6 me that you know that the interlocking VG logo was in 7 use? 8 A No, I can't. 9 Q If I asked this question, I apologize. I know you 10 can't tell me the first year and the last year with 11 regard to the V, period, G, period, but are there 12 some years which you can tell me that you know that 13 that particular logo was in use? 14 A I'm sorry, which logo was in use? 15 Q The V, period, G, period. 16 A No, I can't. 17 Q Was the interlocking VG, was it used on asbestos 18 containing gaskets? 19 A Yes, it was. 20 Q Was it used on non-asbestos containing gaskets? 21 A Yes, it was. 22 Q I'm sorry to keep bouncing back and forth. I'm not 23 trying to confuse you. Pm confusing myself. Let's 24 talk about the V, period, G, period. Was it also 25 stamped into the gasket material itself? 1 With regard to the cartons that contained the gaskets 2 with the V, period, G, period, was there any type of 3 name or anything like that on the carton itself? 4 A It would have contained the current name of the 5 division. 6 Q And then with regard to the interlocking VG, would 7 the carton-- same answer, it would have contained the 8 name of the division? 9 A I have less of a clear recollection of that. 10 Q Okay. Do you recall any--To the extent that any of 11 these were stamped in a particular color, do you have 12 any particular recollection as to what colors were 13 used or-- 14 A My only recollection is that we used white or black. 15 Q Okay. Mr. Austin, I appreciate your time- No, a 16 couple more, one or two more questions. If you can, 17 tell me the different ways that you recall Dana 18 Victor asbestos containing gaskets coming packaged. 19 In other words, in a cardboard box, not in a 20 cardboard box, paper carton, not in a paper carton, 21 wrapped in paper, not wrapped in paper. Kind of tell 22 me ifyou could all of the variations that you recall 23 for Dana Victor asbestos containing gaskets over the 24 years? 25 MR. CELBA: Object to form. Page 83 Page 85 1 A Yes, I believe it was. 2 Q Okay. Was it-- I guess it wasn't a particular color 3 or anything along those lines? 4 A No. Once again, it was an impression. Let me just 5 clarify that normally it was an impression. There may 6 have bear particular instances where it was stamped 7 in a color, but in general the vast majority of it 8 was an impression. 9 Q And the interlocking VG, was it also an impression? 10 A Yes, it was. 11 Q Okay. You mentioned that the Victor logo, 12 V-I-C-T-O-R, let me just ask you about that one. 13 With regard to the Victor logo, V-I-C-T-O-R, you 14 mentioned that the logo was on the gasket material 15 itself. Was there any type of name or anything on 16 the box or the packaging? 17 A The boxes would have had whatever our current 18 division name was imprinted on it, at least in most 19 cases. . 20 Q Okay. Would that be the same with respect to the VG, 21 V, period, G, period as well? 22 A Are we talking about on the cartons? 23 Q Yes, sir. 24 A I don't remember that ever being used on the cartons. 25 Q I'm sorry, that was a bad question. I misspoke. 1 THE WITNESS: Normally product would have 2 been shipped in corrugated cartons. 3 BY MR. VALLAS: 4 Q Do you recall what color they would have been? Are 1 5 we talking just like brown cardboard? i 6 A Right, we're talking about typical brown packing 7 boxes. 8 Q Okay. Do you recall any kind of cartons other than 9 the corrugated material you just spoke of? 10 A We had some kit packaging. 11 Q Some what packaging? 12 A Kit packaging. 13 Q What did that look like? 14 A My recollection would have been orange and white. 15 Q An orange and white box? . 16 A Well, we call it chip board box. 17 Q Okay. 18 A And later on there was some, I believe some blue and 19 white packaging of that sort. 20 Q Okay. Any others that you remember other than the 21 two that you've described here as far as, you know, 22 the packaging of asbestos containing gaskets? 23 A No. I'm sure there may have been an exception, but 24 those were the primary things. 25 Q Okay. All right. Once we get inside the carton of Henjum Goucher Reporting Services 1-888-656-DEPO 22 (Pages 82 to 85) GARY AUSTIN Page 86 Page 88 1 the asbestos containing gasket products, would the 2 gaskets be wrapped in anything, or was the gasket 3 just down in the box kind of free? 4 MR, CELBA: Object to form. 5 BY MR. VALLAS: 6 Q If you recall. 7 A They would be bulk packed in general with possibly 8 dividers or something like that between the piles. 9 Q Okay. Any type of wrapping around them when they 10 were inside the box or anything along those lines? 11 A Not in general, no. 12 MR. VALLAS: Mr. Austin, I appreciate your 13 time. Subject to any questions anyone else has, M 14 pass the witness. Anybody got anything? 15 EXAMINATION 16 BY MR CELBA: 17 Q I have some. Was a boiler and assorted steam pipes 18 an application within the intended purpose for a 19 Victor Dana asbestos containing gasket, to your 20 knowledge and experience? 21 MR VALLAS: Object to the form. 22 THE WITNESS: No. 23 BY MR CELBA: 24 Q Are you aware of any law or regulation today that 25 says one can't make asbestos containing gaskets? 1 Q Would you do so without some type of respiratory 2 protection? 3 MR CELBA: Object to form. 4 THE WITNESS: With what I would know today. 5 no. Fd probably wear a face mask. 6 MR VALLAS: Okay. Subject to any 7 questions anyone else has, thafs- I'll pass the 8 witness again. Anybody else? 9 EXAMINATION 10 BY MR CARTER 11 Q This is Keenan Carter. I have a couple questions. 12 Mr. Austin, can you hear me? 13 A Yes, I can. 14 Q I represent Borg Warner. Have you ever spoken with 15 anyone from Borg Warner Corporation or one of its 16 divisions? 17 A Not that I recall. 18 Q Okay. Do you have any knowledge of clutch 19 assemblies, or have you ever installed a clutch? 20 A No, I have not 21 Q Okay. Can you speak to whether it would be proper to 22 sand or grind the surface of a new clutch prior to 23 installing it on a vehicle? 24 MR VALLAS: Object to the form 25 THE WITNESS: No, I can't. Page 87 Page 89 1 A No, I'm not. 1 BY MR CARTER: [ 2 MR VALLAS: Object to the form. 3 BY MR CELBA: 4 Q Do you believe that all gaskets made by Victor Dana 2 Q What was the largest diameter of clutch disk that 3 Dana made during the 1970s through the '90s? 4 MR CELBA: Object to form. | j f 5 were safe for their intended purpose? 6 A Yes, I do. * 5 THE WITNESS: I have no idea. 6 BY MR CARTER: 1 7 MR VALLAS: Object to the form. 8 BY MR CELBA: 7 Q The previous question was the largest diameter of 8 clutch disks that Dana made during the years 1970 9 Q Do you believe Victor Dana asbestos containing 9 through the 1990s. The answer was you didn't know, 10 gaskets to be dangerous, hazardous or unsafe? 10 correct? 11 A No, I do not. 11 A Yes, sir. 12 FURTHER EXAMINATION 12 Q The same question with the smallest diameter of a 13 BY MR VALLAS: 13 clutch disk. 14 Q Just a couple more. Mr. Austin, I think you 14 MR CELBA: Same objection. 15 testified earlier that you're not familiar-- you 15 THE WITNESS: I have no idea. 16 don't know one way or the other whether or not prior 16 BY MR CARTER: 17 to your arrival at Dana Victor in 1968, whether or 17 Q Okay. Do you know if Dana manufactured more 18 not Dana Victor sold any asbestos containing gasket 18 passenger vehicle clutches or more large track 19 products to the United States Navy; is that correct? 19 clutches? 20 A Yes, sir, that's correct. 20 A I have no idea. 21 Q Have you ever removed an asbestos containing gasket 21 MR CARTER: Thank you. That's all I 22 with a wire brush or an electric wire brush? 23 A No, I have not. 24 MR CELBA: Object to form. 25 BY MR VALLAS: 22 have. 23 MR CELBA: I want a short break. 24 (Recess taken.) 25 FURTHER EXAMINATION j j j j Henjum Goucher Reporting Services 1-888-656-DEPO 23 (Pages 86 to 89) GARY AUSTIN Page 90 Page 92 9 1 BY MR. CELBA: 2 Q Mr. Austin, following up on a question that Charles 3 asked you, if you were wire brushing or power 4 brushing a non-asbestos gasket, would you wear a mask 5 today? 6 A Yes, I would. 7 MR. CELBA: Thafs all I have. 8 FURTHER EXAMINATION 9 BY MR. VALLAS: 10 Q Just one follow-up question. Mr. Austin, we came 11 back from a break. I don't want to know what you 12 said, but did you have the opportunity to visit with 13 your lawyer during that break? 14 A Yes, I did. 15 Q You mentioned earlier that if you were removing an 16 asbestos containing gasket with a wire brush or 17 electric wire brush today that you would use some 18 type of respiratory protection, correct? 19 MR. CELBA: Object to form. 20 BY MR. VALLAS: 21 Q Okay. Let me ask you this, I think before the break 22 that you said that if you were-- Correct me if I'm 23 wrong, that if you were removing an asbestos 24 containing gasket with a wire brush or an electric 25 wire brush today that you would use some type of 1 to be safe by not inhaling dust, right? 2 MR. CELBA: Object to form. 3 BY MR. VALLAS: 4 Q Or is there another reason that you're wearing the 5 mask? 6 A As I say, I wear a mask when I do woodworking as 7 well. 8 Q And I appreciate that. I'm just talking about 9 gaskets though now. When you're removing gaskets. 10 you wear a mask regardless of whether or not it 11 contains asbestos because you don't want to inhale 12 dust? 13 MR. CELBA: I'm going to object to form. 14 He said he had never removed gaskets with a wire 15 brush, so what are you asking him? Object to the 16 form now. Now it's becoming argumentative. 17 BY MR. VALLAS: 18 Q Okay. All I'm trying to do is-- Let me back up and 19 ask the question again. If you were to remove an 20 asbestos or non-asbestos gasket with a wire brush or 21 an electric wire brush, you would wear a market 22 because you don't want to inhale dust, hue? If 23 there's another reason, tell me. 24 MR. CELBA: Object to form. 25 THE WITNESS: I would wear a mask because Page 91 Page 93 1 respiratory protection, correct? 2 MR. CELBA: Object to form. 3 THE WITNESS: I said that I would wear a 4 mask 5 BY MR. VALLAS: 6 Q Okay. You'd wear a mask, fair enough. Why? 7 A Because I've been in manufacturing for 35 years, and 8 I wear a lot of safety gear on a very regular basis. 9 I do woodworking. I wear a mask when I do that. I 10 wear safety glasses when I do that. It's part of the 11 culture. 12 Q I think a minute ago you were asked the question that 13 even if you were removing a non-asbestos containing 14 gasket, you would wear a mask, right, with a wire 15 brush or electric wire brush? 16 A In those cases, yes, I would. 17 Q I think your lawyerjust asked you that, right? 18 A Yes. 19 Q You said that you would, right? 20 A Yes. 21 Q And it's because you don't want to inhale any dust, 22 right? 23 A It's because it's part of my culture of being safe, 24 yes. 25 Q Being safe and as part of being safe, you're trying 1 it would be part of my normal operations. I wear 2 safety glasses. I wear hearing protection, and I'd 3 be wearing a mask. Sparks, anything along that 4 line. 5 MR. VALLAS: Pm going to object to the 6 responsiveness. 7 BY MR. VALLAS: 8 Q I appreciate it, but I'm not concerned-- I don't want 9 you to lose your hearing, and I don't want you to get 10 something in your eye certainly, but I'm not really 11 concerned about that for purposes of this question. 12 I'm only concerned about why you're wearing the 13 mask. Tell me the reason you wear the mask. 14 MR. CELBA: Object to form. This has been 15 asked three or four times now. 16 MR. VALLAS: And it hasn't been answered 17 yet, sir. 18 MR. CELBA: Yes, it was. You just don't 19 like the answer. 20 MR. VALLAS: The reason-1 don't like the 21 answer that the reason he wears a mask is because he 22 wants to protect his ears or his eyes. I don't think 23 that's a responsive answer. 24 MR. CELBA: I don't think that was the 25 answer. The answer was it's part of his industrial j 1 j j j Henjum Goucher Reporting Services 1-888-65 6-DEPO 24 (Pages 90 to 93) GARY AUSTIN Page 94 1 culture. It's what they do. 2 BY MR. VALLAS: 3 Q And why do they do it, Mr. Austin? That's what I'm 4 asking. If you don't know, you can tell me. 5 A I guess I don't know what you're trying to get at. 6 Q Okay. Okay. Let me back up then. If you're 7 removing a gasket today, asbestos or non-asbestos 8 gasket with a wire brush or an electric wire brush, 9 what reason is there to-- Tell me all the reasons you 10 can think of for wearing a mask? 11 MR. CELBA: I'm going to object to the 12 form. 13 MR. VALLAS: It's a different question. 14 THE WITNESS: I'd be concerned with sparks. 15 Td be concerned with anything that could be 16 dislodged. Td be concerned with pieces of wire from 17 the brush, all those sorts of things. 18 BY MR VALLAS: 19 Q So you wouldn't include dust on that list? 20 A That would probably be my least concern. 21 Q Okay. Fair enough. 22 MR VALLAS: I pass the witness. Thank 23 you, Mr. Austin. 24 FURTHER EXAMINATION 25 BY MR CELBA: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 96 MR CELBA: That's all I have. Thank you. (Proceedings concluded at 11:55 a.m.) Page 95 1 Q I just had one more question following up on that 2 last point. To your knowledge is there any dust to 3 any effect that comes off with wire brushing a 4 gasket? 5 A No. # 6 Q Is it a dusty process? ' 7 A Well, I wouldn't use a wire brush to remove a gasket. 8 Q Is it a dusty process, to your knowledge, to remove a 9 gasket? 10 A Not particularly, no. 11 MR CELBA: That's all I have. 12 FURTHER EXAMINATION 13 BYMRVALLAS: 14 Q Mr. Austin, if you remove a gasket with a wire brush, 15 do you have any understanding as to whether or not it 16 can be a dusty process? 17 A Based on the studies I've seen, it doesn't appear to 18 be a problem. 19 Q Can you tell me what studies you've seen? 20 A The two we talked about, the med tox study and the 21 Spencer study. 22 Q Other than those? . 23 A Other than those, I have no additional knowledge. 24 Q Okay. I appreciate it. 25 MR VALLAS: Pass the witness. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 97 STATE OF WISCONSIN ) )SS. COUNTY OF MILWAUKEE ) I, SHEILA K. FAIRCHILD, a Notary Public in and for the State ofWisconsin, do hereby certify that the above deposition ofGARY AUSTIN was recorded by me on the 26th day of September, 2003, and reduced to writing under my personal direction. I further certify that I am not a relative or employee or attorney or counsel of any of the parties, or a relative or employee of such attorney or counsel, or financially interested directly or indirectly in this action. In witness whereof I have hereunto set my hand and affixed my seal of office at Milwaukee, Wisconsin, this 1st day of October, 2003. Notary Public In and for the State of Wisconsin My Commission expires: February 21, 2005 Henjum Goucher Reporting Services 1-888-656-DEPO 25 (Pages 94 to 97) GARY AUSTIN Page 1 able 36:21 40:1 45:4 52:6 above-styled 1:21 absolute78:15 absolutely 45:25 58:14 ACandS 1:8 17:24 20:1 accompanied 17:13 accompaniment 14:9 accompany 12:22 accompanying 11:9 accurately 7:25 action 12:14 97:14 added 59:2 additional 95:23 address 40:2 addressed 11:25 adhesive 42:23 advised 10:10 affixed 97:17 ago 21:17 37:7 48:3 53:18 57:13 59:21 61:6 62:1 91:12 agree 28:6 ahead 9:14,19 11:22 21:24 23:22 33:5 34:10 35:4 43:20 45:7 51:12 52:20 71:9 air 20:22 al 1:8,17 Allison 8:9 10:18 all's 56:21 67:13 68:21 ambiguous 35:3 AMERICAN 1:15 2:17 AMOCO 1:16,17 ancillary 33:10 ANDREWS 2:17 and/or 29:11 ANGELINA 1:14 ANN 1:5 answer 6:6 22:12 26:1 42:6 46:2 47:24 50:25 51:12,20 53:16 53:18 54:4 56:3,5,20 68:6 70:8 78:7 84:7 89:9 93:19,21,23,25 93:25 answered 55:9 93:16 anticipate 67:18 anti-stick 43:22 44:5 44:15,22 45:11,13,23 46:6,10,11,23,24 47:5,7,16,19,23,25 48:4 anybody 38:20 65:13 65:14 71:7 72:2 86:14 88:8 apart 67:2 apologize 72:4 82:9 appear 79:14 95:17 appearance 42:4,8 57:14 Appearances 2:1 4:2 18:24 20:6 appeared 2:3,9,12,15 2:18,21,24 3:2,5,8,11 3:14 17:4 20:8 78:11 appearing 5:14 appears 13:3,5,25 14:11 application 27:25 28:6 30:15 31:2 32:6 34:18 36:8 37:12 ' 38:13 40:1,4,15 41:6 41:19 43:13,24 44:6 44:15 45:1,16,20 46:16 47:9 56:23,23 57:4,22,22 58:4 59:10 60:12,20 69:4 69:5,21 73:4,5,14,22 74:8 75:4,24 76:3 86:18 applications 28:24 29:7 29:11,17,20 30:6,8 30:10 31:13 32:1,13 32:16 39:24 42:17 43:5 44:19,25 56:14 56:15 58:2,4,24 59:23 6$>:7,8,11 67:17,23 69:9,10,16 74:20 75:2,6,10,20 76:12 applied 43:17 54:8 appreciate 12:8 13:19 18:25 20:17,20 40:24 47:2 53:14 54:17 57:10 68:7 76:1 77:25 78:7 84:15 86:12 92:8 93:8 95:24 approached 10:7 appropriate 12:13 58:3 appropriately 17:10 approximately 9:11 16:12 area 34:16 58:5 72:23 areas 32:15 35:16 argumentative 92:16 arrangements 63:10 arrival 87:17 ARTHUR 3:5 asbestos 7:4,9,21 8:4 8:18,23 9:2,10 10:8 11:4,4 12:10,11,15 13:16 15:4,19,25 16:1,4,15,19,24,25 17:12,13 19:12 20:22 20:22 21:18,19 22:5 22:16,20 23:5,6,14 24:1,23 25:14 26:7,9 26:14,17,23 27:1,13 27:16,18,24 28:8,15 30:12 31:6,10 35:21 36:10,23 41:2,11 42:4,8,25 43:1 44:21 47:10,14,21 49:1,9 49:16,24 50:2,4,5,6 51:6 52:7 54:9,10,20 55:16 57:15 62:2,16 63:17 64:14,22 65:7 65:14 70:7,18 72:6 72:11 73:3,16 74:17 74:18 75:18 76:18 78:22 79:10 81:8,13 82:17 84:18,23 85:22 86:1,19,25 87:9,18 87:21 90:16,23 92:11 92:20 94:7 asked 5:21 16:22 53:15 54:15 55:8 57:8 59:18 62:4 68:8 72:3 72:8 76:12 82:9 90:3 91:12,17 93:15 asking 8:15,15 11:7 34:4 49:3 75:17 76:17 78:6 81:18 92:15 94:4 assemblies 88:19 assigned 28:2 46:17 assorted 86:17 assume 6:6 39:15 81:12 assuming 47:14 64:22 assumption 65:20 assure 46:5 assured 45:11 attach 13:19 61:16 attached 1:24 10:20 13:21 37:17 61:10,18 attachment 14:9 attempting 35:14 attorney 20:10 97:11 97:12 August 12:6 15:6 Austin 1:20 2:22 3:16 4:2 5:2,7 6:10 9:24 11:2 12:13 14:8,22 31:23 35:10 36:16 39:21 41:1 51:1 61:22 65:1,12 71:20 71:25 72:14 74:4 84:15 86:12 87:14 88:12 90:2,10 94:3 94:23 95:14 97:6 author 7:15 available 15:9 Avenue 2:3,6 3:2,5,8 aware 15:21 17:17,18 72:5 86:24 A-C-A-N-D-S 17:24 20:2 a.m 1:22,22 96:2 B back21:16,16 25:3 31:6,19 37:5 43:23 48:5 50:24 53:12 56:10 60:3 61:5 68:12 69:8 77:10 78:24 82:22 90:11 92:18 94:6 bad 9:7 26:22 29:5 37:14 41:2 49:5 83:25 Bailey 11:25 13:20 15:3 based 36:5 70:4,13 95:17 basically 43:8 basis 21:21 25:19 28:12 34:22 55:12 64:20 69:3 74:24 91:8 beaded 28:13,16,17,18 28:21 29:6,19 30:5,7 30:11 32:3 37:5,8,14 37:15 39:2,17 40:6 40:17 Beaumont 3:12 becoming 92:16 began 41:13,23 42:2 49:15 63:23 beginning 16:11 49:15 54:8 begun 42:12 behalf 5:15 belief 21:22 25:19 28:12 ' believe 17:23 21:19 22:19 25:18 39:22 42:13 58:9 72:22 74:18 75:18 79:11 81:9,11 82:2 83:1 85:18 87:4,9 BELL 3:11 best 9:11 39:1 72:13 better 51:7 57:8 beyond 32:12,14 33-9 60:11 bigger 13:5 Bill 11:25 bit 6:23.15:5 21:16 22:2,11 32:2 33:22 38:1 40:25 48:6 56:11 75:9 black 84:14 BLIZZARD2.T8 39:19 block 44:1 79:15,19 blue 85:18 board 34:16 73:16 74:20 75:20 85:16 boiler 67:7,11 68:16 17 69:21 86:17 ' boilers 68:24 bond 42:24 Borg 2:14 88:14,15 bottom 14:11 bought 62:15,16 65:3,5 bounce 60:3 ' bouncing 82:22 box3:12 76:20 78:12 78:20 79:6,8 81:6,25 82:3 83:16 84:19,20 85:15,16 86:3,lo' boxes 17:11,14,17 83:17 85:7 brand 65:25 break 31:17,23 71*22 89:23 90:11,13,21 Brent 18:24 BRIAN 1.4 bring 48:5 broker 62:13 brought 6:12,14,25 7:22 19:14 21:7 59-1 61:8 brown 1:23 3:4 85:5,6 brush 37:19 38:22 87:22,22 90:16,17,24 90:25 91:15,15 92:15 92:20,21 94:8,8,17 95:7,14 brushed 43:14 60:16 brushing 90:3,4 95:3 Buescher 10:1,7 bulk 86:7 business 26:5 63-10 67:1 69:6 C3:ll Henjurn Goucher Reporting Services 1-888-656-DEPO GARY AUSTIN Page 2 California 20:16 call 41:23 85:16 called 5:2 42:23 80:14 calling 34:24 calls 50:20 cancer 13:7 capacity 25:25 26:2 CARBIDE 2:23 carburetor 35:23 cardboard 84:19,20 85:5 Carter 2:15 4:4 88:10 88:11 89:1,6,16,21 carton 84:3,7,20,20 85:25 cartons 83:22,24 84:1 85:2,8 case 5:13,16,17,21 19:24,25 33:1 47:1 61:7,21,25 63:6 66:18 cases 9:17 38:15 79:23 83:1991:16 categories 42:11,14 category 33:19,22 55:4 Caterpillar 7:5,7,9 8:9 8:17 CATHY 3:2 cause 1:1,10,21 caution 13:3,5,14 ceased 16:14 22:20 Celba 2:5,6 4:3,4,5 7:11 9:3 11:12,19 13:9 14:13,18 18:17 21:4,24 23:8,22 24:5 24:12,17,24 27:3 28:9 29:1,21 30:16 30:21 32:10 33:4 34:1,10,21,24 35:3 35:22 36:12,25 37:21 38:23 40:10,2041:9 41:21 42:18 43:7,20 44:7 45:6 46:3,14 48:18 49:11,25 50:9 50:19 51:10 52:20 53:20 54:6,24 55:2,8 55:20 56:4,25 57:6 57:25 59:4,11,25 60:18 62:19 63:8,19 64:17,22 65:9 66:1 66:12,22 67:14,25 68:5,22 69:14 70:12 71:9 72:21 73:6,18 74:12,22 75:22 76:5 76:14,25 77:21 78:3 78:14 84:25 86:4,16 86:23 87:3,8,24 88:3 89:4,14,23 90:1,7,19 91:2 92:2,13,24 93:14,18,24 94:11,25 95:11 96:1 certain 17:1044:17,18 59:17 65:10 75:13,15 certainly 36:3 51:17 67:16 93:10 CERTAINTEED 2:8 certainty 78:16 certify 97:5,10 change 56:3 characterize 53:3 54:2 characterized 52:14 Charles 1:4 2:3 5:9 7:11 14:13 90:2 check71:18 Chicago 12:14 22:8,19 23:16 26:13 27:12 70:10 72:7 chip 85:16 choice 71:16 Christopher 1:11 5:16 39:8 Chuck 23:25 circle 77:16,17 city 20:13 Civil 1:24 Clapper 20:6 clarification 27:15 clarify 83:5 clean 43:18 55:14 clear 54:1^ 56:16 74:6 84:9 clearly 40:2 clients 39:9 close 48:21 closed 25:21 closure 25:20,24 clutch 88:18,19,22 89:2 89:8,13 clutches 89:18,19 coating 38:7,9 43:22 44:5,22 45:2,12,14 45:23 46:6,10,11,23 46:24 47:5,7,16,23 48:1 coatings 44:9,16 47:19 Cole 3:8 collectively 9:18 52:6 color 79:20 83:2,7 84:11 85:4 colors 79:20,21 84:12 combined 43:9 combustion 32:14,20 33:24 35:17 66:25 68:13 73:21,23 74:10 75:16 . come 40:21 43:18 77:10,18,22 comes 35:24 95:3 comfortable 52:16 comfortably 52:18 coming 84:18 commencement 69:24 Commission 97:23 Committee 10:10 companies 62:21 company 1:15,16 2:17 3:4 21:23 25:5 27:5,8 44:10 62:3 65:22,22 66:6,8,11,16 67:16 comparison 49:3 compatibility 73:9 compatible 32:1 57:3,4 57:21 60:6,7 73:3 completely 50:25 composition37:15 41:15 42:19 57:2 concern 32:24 33:25 34:8,20 35:19,20 47:6 94:20 concerned 70:7 79:2,18 93:8,11,12 94:14,15 94:16 concerning 22:13 concluded 96:2 conclusions 20:21 confirm 23:20 Confirming 12:9 conformability 59:6 confuse 82:23 confused 34:3 confusing 82:23 Congress 2:21 conjunction 46:16 consider 30:9 32:12,16 33:7 35:21 50:15 69:22 72:16 considered 11:3 construction 30:18 31:1,5,9 32:4 36:11 37:6 38:2,16 39:3,18 40:8,18 contact 71:1 contain 8:18 9:9 13:5 27:18 31:6 36:10 contained 9:1,2 13:22 26:8 28:15 47:19 50:2 59:10 84:1,4,7 containing 8:23 10:9 11:5 15:20 16:1,4,19 16:25 17:13 21:18,19 22:6,16,20 23:6,14 24:2,23 25:14 26:7 26:14,18,23 27:1,13 27:17 28:8 31:24 32:7 35:21 36:23 40:4 41:2,7,11,14,19 42:5,9 44:21 47:11 47:14,21 49:1,9,10 49:16 52:8,8 54:20 55:17 57:15 58:19 60:4,6,14 62:2,16 63:17 64:14,23 65:7 65:15 70:7,19 72:6 72:1173:3,16 74:17 74:18 75:18 76:3,18 78:22 79:10,12 81:8 81:10,14 82:18,20 84:18,23 85:22 86:1 86:19,25 87:9,18,21 90:16,24 91:13 contains 92:11 content 43:1 context 68:23 continued 52:11 80:16 contoured 37:11 contract 63:4 cooler 36:3 Coon 18:24 copied 12:19 14:24 copies 13:8 copy 12:21,23 13:4,6 13:12 14:12 15:14 17:20 coramic 41:24 42:15 48:5,13,16,19 49:1,2 56:10,13,18 57:12 core 42:22,22,23,24 43:10 corners 18:13 corporation 2:23 3:10 5:15 66:5 88:15 correct 15:16 16:1,16 16:20,21 17:2 21:23 21:25 22:8 24:4,7 26:15,16 27:10,15,22 28:1,3 29:8,25 32:9 37:20,22 38:22 39:21 40:9,19 48:9 61:13 61:19,21,23 81:17,21 87:19,20 89:10 90:18 90:22 91:1 corrugated 85:2,9 counsel 80:2 97:11,13 country 62:5 COUNTY 1:2,9,14 i 97:3 couple 18:23 20:3 59:21 62:1 67:8 74:3 84:16 87:14 88:11 I j j I course 5:9 6:1 22:11 23:7 26:10 1 j Court 1:2,11 3:18 9:15 14:5 cover 5:22 coworker 68:15 criticisms 18:8 20:25 Cross-Examination 4:3 crystal 74:5 culture 91:11,23 94:1 current 83:17 84:4 cursive 79:14 customer 8:25 16:20 17:1 23:7 26:10 ! 46:18 customers 8:7,12,14 62:18,25 63:2,18 Cylinder 30:9 C-O-R-A-M-I-C 42:2 D___________________ D4:l DAIMLER-CHRYS... 3:7 Dallas 2:4,10,13,16,19 2:25 3:6,9,15 Dana 2:5 5:15 8:23 9:7 10:15 11:3,3,10 15:8 15:8,19 16:4,18,24 17:13 21:18 22:5 24:22 26:23 27:23 28:5 29:18 30:5,13 30:25 31:7,24 32:7 32:20 39:3 40:4,16 41:8,20 44:4 45:18 47:1148:17,24 49:8 49:22 53:1 54:1,20 55:18 58:12 59:8,22 62:2,12,17,23,23 63:3,15,16,18,25 64:9,14 65:2,3,13,14 65:15,19 66:5 67:22 69:10,24 70:6,11,18 70:20 72:9 76:2,4,11 78:1,9 79:1 84:17,23 86:19 87:4,9,17,18 . 89:3,8,17 dangerous 87:10 date 8:22 11:3,8 12:5 17:3 31:14 64:11 dated 7:5,10 10:2 Henjum Goucher Reporting Services 1-888-656-DEPO GARY AUSTIN Page 3 day 97:7,18 DDAD 7:5,9 10:7,11,17 dead 51:2 deal 46:5 dealt 19:12 decade 49:18 decades 15:21 16:3 Deceased 1:4 December 10:2,3 11:16 decision 45:13,17 46:9 46:12 Deer 1:23 DEFENDANT 2:5,8,11 2:14,17,20,23 3:1,4,7 3:10 Defendants 1:9,18 DEFENSE 80:2 definitely 39:22 DEEIAY 2:8 Delmas 3:2 demonstrates 8:7 Denny 71:14 department 71:5 dependent 33:12 depending 34:9,12 depict 7:25 deposition 1:20 4:9 5:11 6:1,11,12,17,21 6:25 7:20 9:15,17,20 9:25 16:17 17:25 18:9,14,22 19:2,15 19:16,18 20:19 21:2 21:8 22:4 27:20 33:21 61:8,20,25 75:12 97:6 depositions 7:22 61:13 61:14,21 75:12 DES 2:5 describe 33:9 38:5 77:7 described 48:8,14 85:21 description 4:8 38:1 design 29:16 34:14,14 36:6 designation 8:25 designations 42:3 designed 34:18 58:2 determination 36:4 Detroit 8:9,17 10:2,18 diameter 89:2,7,12 Diana 20:1 DIANE 1:2 diesel 8:17 10:2,18 32:14 67:1 68:13 73:24 difference 25:1 different 5:22 15:10 32:22,23 34:12,14 35:16 41:5 42:3 44:8 44:19 49:17,17 58:3 65:6 69:9,10 76:22 77:179:16 80:17 81:12 84:17 94:13 difficult 41:12 Direct 4:3,4 direction 71:5 97:8 directly 97:13 directors 71:11,15 disagreed 18:8 disagreements 20:25 discussed 15:2 42:19 56:19 61:17,18 63:24 76:13 Discusses 20:21 discussion 9:21 48:4,6 76:16 disk 89:2,13 disks 89:8 dislodged 94:16 dispute 66:21 67:12 68:19 distributed 64:15 distributing 66:7 DISTRICT 1:11,18 dividers 86:8 division 8:9 10:13,18 23:24 25:25 26:2 83:18 84:5,8 divisions 88:16 document 70:14 documents 7:12,25 18:4 22:21,24 23:19 69:8,16,23,25 70:1,2 70:5 DOGAN 3:1 doing 63:25 64:5 66:16 67:7 downward 52:11 Dr 17:20 19:16 21:2 drafting 11:6 dropped 21:12,12 42:6 duly 1:21 5:3 dust 91:21 92:1,12,22 94:19 95:2 dusty 95:6,8,16 duties 68:24 E E4:l earlier 38:3 56:19 76:10,13 87:15 90:15 early 17:4,5 21:20 29:17 48:20 72:19 73:12 75:21 ears 93:22 easily 43:25 EDWARD 3:8 effect 11:15 22:21,24 95:3 either 13:7 19:2 23:6 24:19 26:9 36:9,23 57:3,4,20 61:18 69:11 78:11 EL 1:9 electric 87:22 90:17,24 91:15 92:21 94:8 ELLISTON 2:8 Elm 3:14 else's 68:21 embossed 37:11,24 38:6 embossment 38:10 employed 25:5 employee 10:14 97:11 97:12 employment 69:24 70:6,20 encompassed 76:16 encountered 68:25 engine 3:10 19:13 32:14,14,15,21,23 33:8,12,24 34:9,14 34:14,18 35:17 36:5 36:17,18 37:12 66:25 67:1,2,5 69:6 73:24 engineer 46:16,17,18 57:23 60:9,12 75:24 engineered 42:2 engineering 45:16 46:8 57:14 58:5,11 59:19 59:20 engineers 56:21 57:8 engines 32:20 68:13,13 73:21,23 74:10 75:16 entire 6:7 78:9 equipment 72:17 73:1 73:10,11,13 essentially 7:12 Estate 1:3 et 1:8,17 evidence 64:24 evolution 41:11 54:9 evolutionary 56:6 exactly 8:13 22:17 Examination 4:3,4,5,6 5:5 86:15 87:12 88:9 89:25 90:8 94:24 95:12 examined 5:3 example 34:7 exception 85;23 excerpts 18:9 19:17 exclude 50:16 excluding 50:8,11 51:3 51:4 52:9 Excuse 19:1 exhaust 30:17 31:1,8 32:4 33:1,7,17,18 35:18 36:4 37:6 38:2 38:2,17,19 39:3,13 39:17 40:7,17 44:13 44:21 47:21 48:25 49:8,22,22 50:2,5 51:3,4,5 52:8 53:1,17 54:5,16 55:3,11 56:14,22 57:5,21 60:7 exhibit 9:19,20,22 10:24,25 11:18 13:21 13:24 14:1,3,4,20,24 64:11 exhibits 4:8 64:10 experience 86:20 expert 73:9 expertise 72:23 expires 97:23 explain 8:13 42:16 explore 15:5 32:2 75:9 extensively 60:10 extent 5:25 48:11 74:6 76:20,22 78:25 84:10 extra 71:21 extremely 5:20 61:3 eye 93:10 eyes 93:22 F face 43:16 88:5 facilities 22:13 26:5 27:12 72:5 81:12 facility 22:15 23:2,5,12 23:16,20 25:9,14,20 26:8 70:10 72:10 facing 42:2,20,24,24 43:4,6,9 48:7,8 57:14 59:19,20 facings 42:5 fact 11:10 26:12 29:24 76:9 fair 91:6 94:21 FAIRCHILD 1:22 3:17 97:4 fairly 43:25 falls 58:4 familiar 16:7 31:25 32:19,24 39:4 40:5 | 40:15,22 41:7,18 I 48:12 72:16 73:15 76:2,10,22,24 77:2 78:2 79:18 81:14 87:15 far 8:5,16 18:9 23:2 24:10 46:12 70:6 73:11 79:17 85:21 FAY 2:12 February 27:8,11 97:23 feel 52:16 Feldmann 10:13,14 12:2,1713:20 j fibers 19:12 j figure 13:23 14:2,15 29:12 33:3 35:15 47:2 50:14 60:22 74:4 1 filed 7:13 financially 97:13 find 68:25 70:17,21 fine 31:18 finished 75:7 firm 18:22 20:8,11 | first 5:3 9:12 11:2,8,10 16:8 18:23 20:3 22:14 23:4,13 25:13 26:6 28:18 29:18 30:25 31:3,7,10 42:15 44:4 48:13,15 55:4 56:12 58:10,11 59:8,13 63:23 64:7 71:1,16 77:7 78:19 79:2 80:6,11,25 81:22 82:10 ! five-minute 31:17 71:22 fix 6:4 floor 26:4 following 40:25 90:2 95:1 follows 5:4 follow-up 90:10 Forbes 20:1,1 FORD 3:4 form 9:4 11:12,19 13:9 18:18 21:4,24 23:8 23:22 24:5,12,17,24 27:3 28:9 29:1,21 30:16 32:10 33:5 34:2,10,21 35:22 ! 36:12,25 37:21 38:23 i 39:19 40:10,2041:9 j Henjum Goucher Reporting Services 1-888-656-DEPO GARY AUSTIN Page 4 41:22 42:18 43:7,20 44:7 45:7 46:3,14 48:18 49:11,25 51:10 52:20 53:20 54:24 56:4,25 57:25 59:4 59:11,25 62:19 63:8 63:19 64:18 65:9 66:1,12,23 67:14 68:1,22 69:14 70:12 71:9 72:21 73:6 74:12,22 75:22 76:5 76:25 77:21 78:3,14 84:25 86:4,21 87:2,7 87:24 88:3,24 89:4 90:19 91:2 92:2,13 92:16,24 93:14 94:12 format 8:20 formed 38:6 forth 82:22 found 72:17,18 four 13:2 26:12,25 27:11 72:4,11 81:14 93:15 free 54:11 86:3 front 7:2 further 87:12 89:25 90:8 94:24 95:12 97:10 G 77:13 80:23 82:11,15 82:24 83:21 84:2 Galora 11:25 GARLOCK 2:20 Gary 1:20 3:16 4:2 5:2 12:13 97:6 gasket 15:18 16:19,25 27:23,24 28:5,7,8 31:1,9.32:3,5 33:11 33:13 35:21,24 36:3 36:4,9,18,23,24 37:5 37:8,14,15,24 38:3 38:17 39:2,17 40:8 40:17,18 42:20 43:15 44:16 45:14,15,21 46:17,25 47:13,15 56:14,23 57:3,4,5,22 58:13 59:2,3 60:8,10 62:16 64:14,23 65:7 65:24 70:19 72:11 73:3,16 78:11 79:5,8 79:9,25 80:1,4 81:5,7 81:18,25 82:2,25 83:14 86:1,2,19 87:18,21 90:4,16,24 91:14 92:20 94:7,8 95:4,7,9,14 gaskets 15:13,20 16:1,5 17:14 19:13 20:23 21:18 22:6,16,20 23:6,14 24:2,23 25:15 26:7,15,18,23 27:2,13,17,18 28:13 28:16,17,18,20,21 29:6,19 30:5,7,9,12 30:13,17 31:24 32:7 32:20,25,25 33:1,6,7 33:9,10,11,17,17,18 33:18,19,21,23 34:7 34:19 35:18,19 36:2 37:6 38:20 39:3,12 39:13,18 40:5,6,15 41:2,7,14,19 42:9,17 42:20 43:2144:6,13 44:14,22 47:10,11,19 47:2148:17,25 49:9 49:22,23 50:2,5 51:3 51:4,5,5 52:7,9,25 53:2,17,19,25 54:1,2 54:4,5,9,16,18,20,21 54:22 55:3,7,17,17 55:19 57:15 58:20,23 58:24,25 59:5,9,22 60:4,6,14,24 63:17 65:15,16 66:7,19 67:10,23 68:19,20 69:1,11,17 70:7,18 72:6 74:17,19 75:1,5 75:19 76:3,18,19,19 78:2,10,23,25 79:4 79:10,12,22 81:8,10 81:14 82:18,20 84:1 84:18,23 85:22 86:2 86:25 87:4,10 92:9,9 92:14 gear 91:8 general 23:24 33:6 42:8 45:19 46:24 47:18,19,22,24 48:19 54:7 83:7 86:7,11 generically 32:25 gentleman 23:25 62:1 geographically 63:3 George 1:4 5:16 Gerald 5:13,21 61:25 gist 19:9 give 9:9 19:3 20:18 51:21 52:6 54:467:6 given 7:23 51:1 56:8 giving 55:10 glasses 91:10 93:2 go 9:14,19 10:23 11:22 21:24 23:22 33:3,5 33:15,15 34:10 35:4 43:20 45:7 46:11 50:24 51:12 52:20 56:10 70:23 71:3,9 71:17 75:1,10 GODWIN 3:13 going 5:19,20,22,24 6:6 9:3 13:3 22:10 31:15 33:3,4,16,17 34:1 35:22 36:9,10,17,19 36:20,20,21,22 41:21 45:6 50:19 64:17 66:22 67:25 71:18,21 72:1 77:21 78:21 81:19 92:13 93:5 94:11 good 5:7,8 59:6 gotcha 26:6 graphite 42:12 58:19 58:19,20,23 59:1,2,5 59:10 60:4,6,14,23 60:24 great 33:2 59:5 GREG 3:11 GRDMALDO 3:5 grind 88:22 group 63:2 70:24 GRUBER3:13 GUARD 3:1 guess 5:24 7:1 8:2,4,14 14:8,14 15:7 24:25 28:19 29:12 32:11 34:8,11 35:24 44:15 46:9 50:16 51:17,22 52:2 62:2 66:24 67:18,21 68:9 70:5 71:3 73:24,25 74:6 78:7 79:16 83:2 94:5 guessing 22:22,23 guidelines 45:19 guy 62:4,6 63:5,5 67:9 guys 75:13,14 H HAMILTON 2:14 hand 61:1 97:17 hang 51:14 hanging 51:15 happen 60:5 62:8 happened 34:13 hard 43:5 61:3 HARRIS 2:11 hate 47:18 Havana 22:7 25:13 26:8,14 27:12 72:8 HAWKINS 3:7 hazardous 10:10 87:10 head 28:13,16,17,18,21 29:6,19 30:5,9,12 32:3,25 33:6,18 35:18 37:5,8,14,15 39:2,13,17 40:6,17 41:14 44:1,13 47:10 47:11,13,18 48:17 53:19 54:2,4,18,21 55:6,17 56:14,23 57:4,22 60:8,10 heads 55:11 hear 6:3 88:12 heard 6:7 21:11 65:20 66:16 hearing 93:2,9 heat 28:6,24 29:7,11,20 30:6,8,10,15 31:2 32:1,6,13,16,24 33:8 33:17,18,21,24 34:8 34:12,20 35:17,19,19 40:4,14 41:6,19 42:17 43:4,13 44:5 45:21 59:6,9,23 76:3 76:11 Heirs 1:3 held 61:1 hereto 1:24 hereunto 97:16 high 28:6,24 29:7,11,20 30:6,8,9,14 31:2 32:1 32:6,16 33:2140:3 40:14 41:6,19 42:17 43:4,13 44:5 45:21 59:9,23 76:3,11 highest 32:13 33:8 highlight 19:2 highlighting 18:12 honest 56:17 hour 31:16 hundreds 70:1,2 I idea 20:18 30:2 36:13 51:8 64:2 65:17 89:5 89:15,20 identical 13:25 identify 8:18 illegible 15:15 Illinois 22:7,7 23:12,20 25:9,14 26:8 implement 10:12 impression 80:3 83:4,5 83:8,9 imprint 80:1 imprinted 83:18 improperly 55:9 include 11:11 94:19 included 10:20 incompatible 57:21 73:4 74:19 75:19 Incorporated 17:24 indicate 69:21 indication 9:8,9 indirectly 97:14 individual 43:24 44:24 45:10 80:15 individually 1:2,15 individuals 62:21 63:21 industrial 93:25 industry 36:16 information 8:1 11:15 70:4 71:2 informing 8:25 inhale 91:21 92:11,22 inhaling 92:1 initial 8:6,11 30:2 initially 16:18 70:22 ink 79:25 insert 17:16 inside 32:21 34:9 35:16 77:15,17 85:25 86:10 installation 19:13 installed 88:19 installing 88:23 instance 1:20 instances 28:3,4 83:6 insufficient 26:4 intact 39:6 43:19 60:17 intake 32:25 36:2,3 44:13 intended 69:11 86:18 87:5 interest 18:5 19:10 20:19 interested 97:13 interlocking 77:15 80:18 81:22 82:6,17 83:9 84:6 internal 32:13,19 33:24 35:17 66:25 68:13 73:21,23 74:9 75:15 INTERNATIONAL 3:10 introduce 41:13 investigation 70:22 involved 17:8 25:20 63:21 issue 40:2 issues 63:7 Henjum Goucher Reporting Services 1-888-656-DEPO GARY AUSTIN Page 5 item 9:24 11:22 17:19 21:7 J January 7:5,10 8:21 9:7,11 16:12 John 10:13 12:2,17 Jones 71:14 JOSEPH 2:18 JUDICIAL 1:18 June 24:2 JUSTUS 3:14 JJ) 10:1,7 K K 1:22 97:4 KADAMUS 1:5 Keenan 2:15 88:11 keep 75:14 82:22 kind 5:22 7:1 8:13,14 8:15 15:15 19:8 20:18 33:2,15,16,19 33:20 38:4,9 43:18 48:2 49:19 50:13 57:10,18,18 62:3 77:6 80:19 84:21 85:8 86:3 kinds 28:19 kit 85:10,12 knew 62:5 KNIGHT 2:23 know 6:3,19 11:2 14:10 15:6,8,11 16:5,6,7,8 17:6 18:25 19:20 22:12,13,14,17,18 23:4,10,12,15,21 24:10,14,15,16,18,21 25:4,13,17 26:6,17 26:19,20,21,21 27:11 27:23,25 28:23 29:3 29:10,14,15,18,24 30:1,4,25 31:3,7,10 31:12 35:1,11,12 37:4 38:25 39:16 44:4 46:1,1,9 47:8 48:13,15 49:13,23 50:16 52:15 56:11,18 56:20,24 57:17,19 58:10,11,15 59:3,8 59:15,18,20,22 60:5 60:5,23 62:6,10 63:14,23 64:3,5 66:11,14 67:2,15 70:4,8,17 72:9,25,25 73:8 74:3,8,14,16 75:4,10,14,16 76:1 78:4,13,15 79:2 80:6 80:9,13,25 81:22,25 82:2,6,9,12 85:21 87:16 88:4 89:9,17 90:11 94:4,5 knowing 45:10 47:13 knowledge 9:11 11:13 15:19 18:6 39:1 62:23 63:9,20 66:2 70:14 74:5 86:20 88:18 95:2,8,23 known 66:9 KNOX 2:14 KOCK2:14 Kraus 2:2 5:10 KURTH2:17 L label 8:7,10,14,15,19 8:20,23,24 9:8 10:8,9 10:19 11:4,6,8 12:21 12:23 13:21,22,25 14:2 15:9,12,17,25 16:7,11,24 17:16 26:9 labeled 12:11 labeling 7:4,21 8:4,6,6 8:12 9:1210:11 labels 7:9 10:2 12:12 12:16 14:25 15:4 16:18 17:10,13 21:19 23:6 languages 13:2 large 28:13 50:12,13 50:15 5l':7,13,19,24 52:18 53:3,5 54:3,22 55:19 89:18 largely 36:5 53:22 largest 89:2,7 late 17:5 21:20 29:17 41:13 49:6,7,15,21 52:25 54:9 LAURIE 2:12 law 1:5 20:10,11 86:24 lawyer 20:4,8 90:13 91:17 lawyers 6:21 letter 4:10,10,11 7:4,7 7:15,19 8:3,3,16,21 9:19 10:1,4,4,5,20,20 11:17,24 12:3,3,5,7 12:19,22 13:20,22 14:3,8,10,11,22,23 lettering 79:17 letters 79:15,19 let's 5:25 6:23 9:14,19 10:23 11:22 14:16,19 32:21 33:15,15,21 42:14 47:12,20 49:19 49:20,20,21 50:24 60:23 67:6 70:20 71:21 77:6 78:18,22 78:24 80:22 82:23 liability 12:15 limit 78:21,22,24 limiting 70:8 line 3:1 93:4 lines 11:6 18:13 37:19 38:22 83:3 86:10 list 33:2,16 41:4,17 77:10 94:19 literally 37:10 69:25 little 6:23 15:5 21:16 21:17 22:2,10 32:2 33:21 34:3 38:1 40:25 48:6 56:11 57:13 61:5 75:9 LLP 2:2,5 3:11 location 36:8 logo 76:20 77:15 78:19 79:3,14,17 80:6,13 80:20,20,20,25 81:1 81:16,16,19 82:6,13 82:14 83:11,13,14 logos 76:23 78:1,11 79:2 80:17 logo's 81:19 long 10:4 12:3 Longeau 17:21 19:16 21:2 61:14 look 18:21 44:24 67:6 73:24 85:13 looking 8:22 18:4 50:16 looks 37:9 38:5 lose 93:9 lot 18:16 91:8 lots 27:17 Louis 20:1 M machine 1:23 machines 26:4 Mack 11:24 12:10,15 Main 2:9,15,18 majority 83:7 making 15:19 16:4 46:9 management 22:25 25:7 manager 23:24 mandated 24:1 manifold 30:17 31:1,8 32:4 37:6 38:3,17 39:3,13,17 40:7,17 44:13,2147:2148:25 49:8,22,23 51:4 56:14,22 57:5,22 60:7 manner 17:12 56:3 68:9 manufacture 26:23 manufactured 23:13 25:14 26:7 28:22,24 29:7,10 30:5 31:8,14 32:7 41:8,20 44:22 47:10,1148:17 53:1 54:1,20 55:18 65:24 72:11 76:4,11 81:13 89:17 manufacturing 17:8 22:5,15,16 24:22 25:23 26:14,17 27:1 27:13 29:19 30:14 58:12 59:9,22 66:6 72:6 78:10 91:7 mark9:15,18,19 10:23 13:23 14:4,17,19 19:2 marked 9:22 10:25 11:17 14:3,6,13,15 14:16,16,18,20,24 16:8 market 63:1 92:21 marketed 62:17 markets 75:13,15 mask 88:5 90:4 91:4,6 91:9,14 92:5,6,10,25 93:3,13,13,21 94:10 material 10:10 37:17 38:12 42:13,15 48:7 56:10 61:2,3,4,6 64:23 80:1 82:1,25 83:14 85:9 materials 6:11,13,14 6:16,17,23 8:10 41:24 42:3,20,21,25 43:2,4,6 48:5,14,16 48:19 49:16 50:18 56:13,19 57:8,12,14 57:18,20 58:1,11,16 59:19,20,23 61:7 62:13,20 65:6,8 70:4 Mathias 1:2,4,4 5:16 66:18 68:15 matter 7:21 11:24 23:7 26:10 MCCAMBRIDGE 2:20 MCCARROLL 3:4 | j McKinney 2:3 McNamara 23:25 25:4 25:6 mean 26:1,3 34:17 meaning 17:14 means 8:13 50:14 med 21:9,11 95:20 mention 45:20 61:13 mentioned 14:23,25 15:24 21:17 27:19 28:22 29:5 31:9 32:5 34:6 37:7 38:3 56:11 57:11,12 58:17,18 80:17 83:11,14 90:15 mentioning 58:21 mesothelioma 13:8 metal 38:7 52:9 53:2 54:21 55:18 79:23,24 metallic 50:8,11 metallics 50:17 MICHAEL 3:14 military 72:14 Milwaukee 1:23 2:7 97:3,17 mind 35:24 37:9 40:22 77:18,23 minute 53:18 91:12 minutes 37:7 59:21 missed 50:25 Mississippi 3:3 misspoke 83:25 mistaken 15:1 misunderstood 68:4 moments 48:3 monitoring 20:22 month 11:16 morning 5:7,8,14,19,23 7:19,20 Moss 7:5,10,15,17 8:10 62:9 63:10,14,23 65:3,14 MOTOR 3:4 mounted 34:13 42:21 mounting 33:11,23 j 34:6,19 move 49:15 57:10 76:17 80:19 f moved 42:25 N j 1 j N4:l name 19:24,25 20:7,7 62:8 65:24,25 66:7 71:13 73:13,14 77:8 j Henjum Goucher Reporting Services 1-888-656-DEPO GARY AUSTIN Page 6 78:19 83:15,18 84:3 84:4,8 names 71:13 nature 38:7 42:4 naval 67:11,23 68:17 72:18 73:1,4,10,12 74:10,20 75:19,20 Navy 65:16 66:19 67:8 67:9 68:12,17 70:18 70:19 87:19 Nearly 60:25 necessarily 28:10 66:14 necessity 47:1 need 11:11 13:23 14:4 18:25 35:20 38:20 43:13 58:7 71:20 neither 38:13 never 64:23 66:16 92:14 new 88:22 noncompete 63:4 non-asbestos 30:13 31:24 32:6 40:4 41:6 41:14,19 49:10,24 52:8 76:1,3 79:12 81:10 82:20 90:4 91:13 92:20 94:7 normal 68:24 93:1 normally 37:11 38:6 46:17 83:5 85:1 North 2:6,12 Nos 9:22 notary 1:22 97:4,21 notes 67:6 71:19 notice 4:9 9:15 notices 9:16,18 notwithstanding 34:17 nuances 39:24 number 20:11 28:2,3 28:13 39:25 44:8 45:1 46:1 51:15,15 52:10 65:6 69:15 80:15,16 numbered 1:21 numbers 19:3 45:5,10 46:5 56:7 O oath 5:3 object 9:3 11:12,19 13:9 21:4,24 23:8,22 24:5,12,17,24 27:3 28:9 29:1,21 30:16 32:10 33:4 34:1,10 34:21 35:22 36:12,25 37:21 38:23 40:10,20 41:9,2142:18 43:7 43:20 44:7 45:6 46:3 46:14 48:18 49:11,25 50:19 51:10 52:20 53:20 54:12,24 56:4 56:25 57:25 59:4,11 59:25 60:18 62:19 63:8,19 64:17 65:9 66:1,12,22 67:14,25 68:5,22 69:14 70:12 71:9 72:2173:6,25 74:12,22 75:22 76:5 76:25 77:21 78:3,14 84:25 86:4,21 87:2,7 87:24 88:3,24 89:4 90:19 91:2 92:2,13 92:15,24 93:5,14 94:11 objection 18:18 30:21 34:23 39:11,19 50:9 54:6 55:12,20 57:6 64:21 73:18 76:14 80:2 89:14 obviously 19:5 28:14 70:1 October 97:18 offer 71:6 office 97:17 OIL 1:15,16 2:17 okay 6:4,8,15,19,23 7:15,18,24 8:11,21 9:13 10:19 12:3,24 13:12,15,17 14:2,19 15:5,17,?4 16:13,16 17:19,22,25 18:7,25 19:5,17,24 20:3,13 20:17,25 22:10,25 23:12,19 25:13,21 26:6,12,22 28:12,18 29:18 30:4,25 31:15 31:17 32:18 33:15 34:6,16 35:13 36:2,7 36:15 37:13 38:14,16 41:17 42:14 43:12 44:12 46:20 47:2,10 48:2,11,23 49:19 51:24 52:3,13,24 53:7,9,14,24 56:1,10 56:18 57:17 58:7,10 58:15,17 59:8,15,18 60:3,22 61:1,5,12,16 62:10,15,23 63:23 64:13 65:1,12 66:4 67:5,21 68:11 69:7 70:3 71:3,7,13,15,17 73:11,25 75:3 77:9 77:14,17 78:6 79:10 79:24 80:22 81:8,12 83:2,11,20 84:10,15 85:8,17,20,25 86:9 88:6,18,21 89:17 90:21 91:6 92:18 94:6,6,21 95:24 old 71:2 81:18 Oliver 11:25 13:20 15:3 once 39:23 44:24 47:24 52:21 53:12,21 60:4 68:8 69:5 73:21 83:4 85:25 ones 40:21 41:18 52:9 77:2 Ontario 22:6,15 23:2,5 open 20:3 operation 17:8 operations 93:1 opinion 8:2 opportunity 5:10 6:15 6:16,20,24 63:12 90:12 opposed 49:1 ORAL 1:20 orange 85:14,15 order 77:6 ORGAIN 3:11 organized 7:2 OTT 2:21 ought 60:12 outside 8:19 24:10 29:14 overlap 5:24 80:19 overlapping 80:21 oversight 23:1 25:8 E PACCAR 2:11 Pacific 2:25 package 8:19 9:1 17:15 packaged 84:18 packaging 76:21 81:6 83:16 85:10,11,12,19 85:22 packed 86:7 packing 78:12 85:6 page 4:1,8 19:3,4 pages 18:16,16,16,19 18:23 19:1,6,9,10,20 19:22 20:4,17,18 paint 38:13,14 paper 43:9 48:8 84:20 84:20,21,21 PARKO 3:2 PARNELL 3:7 part 7:17 14:8 17:9 28:2,3 38:6,18 39:15 39:25 42:6 45:1,4,10 46:1,5 60:15 80:15 91:10,23,25 93:1,25 particular 18:5 27:23 34:17 36:5 37:12 39:24,24 45:4,20 47:9 58:2 60:20 63:1 63:2 64:11 70:25 71:7,13 75:1,10 79:17,20 80:13 81:19 82:5,13 83:2,6 84:11 84:12 particularly 95:10 parties 97:12 parts 10:9 41:11 Pascagoula 3:3 PASO 1:9 pass 86:14 88:7 94:22 95:25 passed 25:6 passenger 89:18 PATRICIA 1:5 Patty 20:6,10 Pearl 2:12 percent 50:6,18 51:25 52:1 53:11 54:10 60:25 percentage 48:24 49:8 49:17,21 50:4,12,13 51:5,7,13 52:7,14,25 53:3,6,25 54:3,19,22 55:16,19 60:24 perfectly 56:16 perforated 42:22 period 27:5 29:14 48:24 52:11 53:16 54:18 56:6,8 67:11 77:13,13 80:23,23 82:11,11,15,15,24,24 83:21,21 84:2,2 person 70:25 personal 1:3 97:8 PETE 2:24 phone 12:9 20:1121:12 51:2 phrased 55:9 picture 37:9 piece 73:13 pieces 94:16 piles 86:8 pipes 86:17 place 16:18 36:18 45:25 73:23 placed 43:23 places 32:23 | I placing 16:24 23:5 Plaintiffs 1:5,12,21 2:2 plaintiffs 18:22 19:25 [ 20:4,8 plant 12:14 22:19 24:21,22 81:20 plants 22:6 24:8,10 26:13,24,25 played 61:1 please 10:12 12:5,9,13 , plural 15:1 [ point 16:23 23:24 | 26:15 27:15 40:12,14 45:19 51:23 52:13,16 1 52:17 56:15 58:18,23 95:2 policy 10:13 | poor 15:24 78:6 I pop 20:3 39:6 1 portion 19:23 38:18 portions 18:1,2 21:1 33:8 position 21:22 37:1 j | j | 56:7 66:10,14 possibly 17:5 35:23 86:7 ! power 90:3 predate 69:23 f predates 70:6 preexisted 69:23 preparation 6:11 7:19 present 3:16 8:1 67:21 75:4 | | 1 presented 7:13 | prevent 46:25 prevention 38:15 previous 18:18 75:12 j f j 89:7 previously 16:17,23 22:4 27:20,22 | primary 85:24 prior 6:17,21 8:22 9:7 11:16 27:20 31:23 j 50:24 59:16,24 61:8 j 69:12 70:20 87:16 88:22 J probably 9:6 27:24 J 29:5 32:19 47:7 49:5 S 60:11 71:4,10 78:6 j 88:5 94:20 1 problem 6:4 47:4 95:18 | Procedure 1:24 j Proceedings 5:1 96:2 1 process 11:5 46:10 : uw.-umu.i Henjum Goucher Reporting Services 1-888-656-DEPO GARY AUSTIN Page 7 95:6,8,16 produce 24:1 produced 1:20 8:8 30:1 producing 27:16,17 product 8:18 9:1,9 10:11 11:9 12:10 16:15 17:17 44:16 58:13,19 62:3 64:14 65:7 67:13 78:20 85:1 production 12:10 22:20 products 8:8,23 9:8 11:5,11 15:9 16:19 16:25 62:16 63:17 64:15 65:2,3 70:19 72:12 73:3 76:10,21 79:1 86:1 87:19 proper 88:21 properly 12:11 proposed 10:8,19 Prospect 2:6 protect 93:22 protection 88:2 90:18 91:1 93:2 provisions 1:24 public 1:22 97:4,21 purchased 62:20 Purchasing 10:7 purpose 7:18 38:14 46:24 86:18 87:5 purposes 33:20 93:11 pursuant 1:23 put 15:9 17:10 33:17 36:17 44:17 45:13 putting 11:3 Pyle 5:13,21 61:25 P.D 17:23 P.O 3:12 Q question 6:6 9:6,7 15:23,24 16:23 17:15 18:18 26:1,22,25 28:20 29:4,5 31:7 32:11,18 35:4,8,12 37:14 38:4,4 39:8 41:3,3 44:14 46:2 48:13,15 49:5 51:1 52:4,5 55:9 56:20,21 57:7 58:7,25 59:18 60:9 61:24 68:6,9,14 70:15 72:3,9,20 75:17,23 76:7,13,17 78:6,24 82:9 83:25 89:7,12 90:2,10 91:12 92:19 93:11 94:13 95:1 questions 5:21 6:2 22:12 25:1 35:11 53:15 54:16 71:25 78:21,22,25 84:16 86:13 88:7,11 quickly 10:6 12:7 R reach 52:17 read 10:6 12:7 13:4 17:25 18:1,3,3,10 19:6,8,17,2021:1 realize 76:16 really 13:10 47:18 52:2 53:8 58:4 66:13 75:16,23 93:10 reason 6:3 25:23 65:21 66:20 67:12 68:19 74:18 75:18 92:4,23 93:13,20,21 94:9 reasons 94:9 recall 30:23 62:8 67:17 69:4 77:20 79:20,21 82:1 84:10,17,22 85:4,8 86:6 88:17 Recess 71:23 89:24 recipient 7:16 recollection 56:16 65:5 72:13 79:19 80:24 82:3 84:9,12,14 85:14 record 1:2,4 9:21 31:21 50:22 71:18 recorded 97:6 records 70:9 Recross-Eramination 4:4,5 Redirect 4:5,6 reduced 8:20 13:2 97:7 refer 33:20 referred 28:17 55:10 57:13 64:10 referring 57:19 refers 15:4 regard 20:22 38:16 39:2 53:14,16,19 54:16 55:6 56:1 58:10 59:19 82:11 83:13 84:1,6 regarding 7:4,7 10:1 regardless 36:7 92:10 regular 91:8 regulation 86:24 relate 39:25 relates 20:24 61:16,22 77:19 81:20 relationship 62:12 85:6,25 91:14,17,19 63:15,24 64:9 69:16 91:22 92:1 relative 97:10,12 Road 1:23 release 19:12 Robinson 22:7 23:12 reluctant 51:14 23:20 25:8 26:13 remember 9:16 16:22 27:12 72:7 35:8 57:15 58:20 ROCHERS 2:5 62:4,672:3,8 83:24 Roger 7:5,10,15,17 85:20 8:10 62:9 removal 19:13 37:18 Ross 3:5 47:1 rules 1:24 54:7 remove 39:5 92:19 95:7 run 7:8 32:22 36:3 95:8,14 77:10 removed 39:14 43:1,25 running 72:5 60:14 87:21 92:14 Rust 38:15 removing 90:15,23 91:13 92:9 94:7 S repetitive 5:20 safe 52:4 87:5 91:23,25 replaced 43:1 91:25 92:1 reported 1:23 safety 91:8,10 93:2 reporter 3:18 9:15 14:5 sake 51:15 51:9 sales 70:24 71:4,11,15 represent 88:14 sand 88:22 representative 1:3 Sausalito 20:16 62:14 saw 19:10 66:18 Represented 20:10 saying 34:11 52:16 request 8:6,11 16:20 68:12 23:7 26:9 says 86:25 requested 8:17 17:1 say-so 62:24 required 73:14,15 scanning 18:4 resistance 59:6 SCHACHTER 2:11 resold 65:3 scope 74:5 respect 55:2,1.1,23 scrape 37:18 38:21 83:20 39:14 40:7,9 respiratory 88:1 90:18 scraped 43:14 60:15 91:1 seal 97:17 responsibilities 23:1 second 19:1,16 21:2,17 25:8 25:4 31:20 33:22 responsibility 17:9 57:11 71:18 24:8,9,10,21 secondary 33:10 responsive 93:23 see 18:7 42:12 55:5 responsiveness 54:13 60:23 69:20 71:5,19 74:1 93:6 72:2 73:9 81:18 restricted 63:1,3 seen 65:20 95:17,19 review 6:15,16,24 21:9 SEGAL 2:20 69:20 70:9,14 select 18:2 reviewed 6:10 10:9 selected 19:9,17 22:21,23 23:19 61:7 sell 62:25 63:5 61:20,21 69:8,15,22 separate 13:23 14:4 69:23,25 70:2,5,9 September 1:22 97:7 reviewing 7:18 series 53:14 right 10:22 12:21 13:19 served 72:14 15:15 19:14 21:15 Service 12:10 27:9 31:20 35:25 set 97:16 43:4 45:5 52:9 60:13 setting43:13 45:21 shape 37:12 | SHEILA 1:22 3:17 97:4 1 ship 73:16 75:5 1 shipped 12:10 85:2 1 ships 67:8 72:19 73:1 1 73:12 short 10:4,5 12:3,4 89:23 shortcut 7:11 I 1 shorthand 1:23 j shown 8:20 signed 10:13 12:16 significance 34:12 significant 8:4 similar 42:4,6,8 57:14 63:15 sir 6:5 15:3,16 16:2 20:14 21:5,25 22:9 S 26:16 27:10 31:4 37:22,25 39:7,22 49:4 64:16,19 66:17 69:19 77:5,23 83:23 87:20 89:11 93:17 situation 36:17 SLAUGHTER 3:8 smallest 89:12 soft 37:16 38:12 43:5,8 48:8 61:2,4 1 sold 62:2,21 63:17 ! 64:15 65:14 70:18 87:18 solid 38:7 j someplace 70:24 sorry 7:7 10:3,17 13:5 15:22,24 21:1125:11 25:12,16 29:4 31:5 33:18 35:7,18 37:14 39:1141:2 42:6 60:3 61:13 75:7 76:2,7 I 82:14,22 83:25 1 sort 38:8 42:21 43:22 47:25 73:22 77:15 85:19 sorts 94:17 space 26:4 spacer 35:23 sparks 93:3 94:14 speak 59:2 63:12 79:16 1 88:21 speaker 21:12 speaking 32:25 50:1 : 1 67:18 specific 41:12 46:1,5 I 47:9 51:20 52:7 53:7 54:23 55:23 56:2 | Henjum Goucher Reporting Services 1-888-656-DEPO GARY AGUTIN Page 8 58:14 59:12 60:20 80:14 specifically 20:24 48:7 58:2 81:4 speculate 34:25 56:7 speculating 52:22 53:12 speculation 50:20 51:14 53:22 spell 42:1 spelled 78:20 Spencer 21:10,13,14 95:21 spending 66:5 spoke 85:9 spoken 88:14 SS 97:2 St 22:6,14 23:1,4 26:13 27:12 72:7 stack 7:2 stamp 79:23,24 stamped 79:22,24 82:25 83:6 84:11 STAMPS 2:9 standards 46:9 start 7:1,3 10:11 63:25 70:22,23 77:7 started 5:25 11:3,5,9 11:10 16:24 21:18 22:15,15 23:5 27:5,8 29:19 44:5,9 48:2,14 48:16 58:12 59:9 69:13 starting 49:20 State 1:23 97:1,5,22 stated 1:24 49:14 States 24:4,11 72:12,18 87:19 steam 86:17 steel 28:13,16,17,18,21 29:6,19 30:5,7,12,18 31:1,5,8 32:3,4 36:11 36:24 37:5,6,8,10,11 37:13,15,24 38:2,16 39:2,3,17,18 40:6,8 40:17,18 42:21,22,23 43:9 51:4 54:1 STEVE 2:24 Steven 2:6 20:10 sticking 43:16 46:25 47:4 Stoeckler 1:11,11 5:16 39:9 Street 2:9,15,18 3:14 strictly 33:12 strike 9:6 26:24 28:20 41:3 44:14 48:12,15 55:13 56:12 58:25 78:24 stuck 44:1 studies 95:17,19 study 21:10,10,11 95:20,21 style 41:24 42:15,20 48:5,14,16 49:1,2 56:10,13,18 57:12 subject7:17 11:24 36:19 38:19 86:13 88:6 subjected 38:20 successor-in-interest 1:16 sued 1:15 suit 12:16 Suite 2:3,9,12,15,18,21 2:25 3:5,14 support 26:5 suppose 27:15 sure 12:9 25:3 29:5 39:16 64:6 71:20 74:5 76:9 78:8,13 85:23 surface 88:22 surfaces 44:2 46:25 Sutton.l7:23,23 sworn 1:21 5:3 _________ T take 5:10 12:13 31:16 43:15,18/71:21 77:6 taken 1:21 6:1 71:23 89:24 talk 6:23 11:22 22:10 38:142:14 47:18 49:19 65:21 71:8,20 78:18 80:22 82:24 talked 6:19 26:12 27:1 27:20 39:23 40:18 50:11 53:2 62:1 72:4 76:9,9 81:13 95:20 talking 12:22 21:3 31:23 32:3 33:22 38:10 39:10 47:24 48:2,3,4,7 50:17 51:2 51:3 53:17 55:5 59:21 61:6 62:4 70:23 71:4 75:14 79:3 83:22 85:5,6 92:8 target 12:15 technician 67:7 technicians 67:11 68:16,17 TELEPHONIC 1:20 telephonically 2:3,9,12 2:15,18,21,24 3:2,5,8 3:11,14 tell 6:10 7:3 8:3,16 18:21 19:9 20:4,7,9 28:19 35:2,6,11,16 36:21,21 37:2 41:4,6 44:25 45:9,22 46:8 46:20 47:8 50:13 52:10 55:6 58:25 62:11 64:6,7,8 67:6 73:11 74:7 76:18,21 78:8 79:15 80:9,11 80:12 81:3,19 82:5 82:10,12 84:17,21 92:23 93:13 94:4,9 95:19 teUing 54:19 67:24 68:3 70:3 temperature 36:7,9,19 36:20,22 temperatures 28:19 38:19 ten 26:18 term 44:1 terms 47:18,24 territory 5:23 testified 5:4 39:10,12 66:18 68:15 87:15 testify 27:4 29:15 testifying 70:13 testimony 17:20 21:1 27:21 55:10 tests 20:21 Texas 1:9,14,24 2:4,10 2:13,16,19,22,25 3:6 3:9,12,15 THACKSTON 3:7 Thank 10:19 89:21 94:22 96:1 Thanks 14:19 31:20 thing 6:7 38:5 55:6 58:17 66:24 things 18:4 71:21 85:24 94:17 think 5:11 8:11 14:22 14:24,25 17:7 21:21 27:8,19,19,21 30:20 32:5 42:10 48:2,8 50:24 53:5 56:11 57:7,10,13 58:17 60:11 66:5 71:13,15 76:12,13 78:23 79:11 87:14 90:21 91:12,17 93:22,24 94:10 thinking 11:10 third 5:11 Thomas 22:6,14 23:1,4 26:13 27:12 72:7 THOMPSON 2:23 thought39:ll 55:3 thousands 70:1,2 three 77:18,22 78:4,10 80:17 93:15 time 5:11,12 10:14 11:16 15:18 16:23 17:9 21:23 22:19 23:24 27:5 29:14 30:3 32:8 35:10 44:9 48:23 49:20 51:23 52:12 53:15 54:18 56:6,8 59:15,24 63:16 65:16,19,23 66:19 67:10 69:12 70:19 72:9,12 78:9 84:15 86:13 times 49:17 74:3 75:11 93:15 TINA 2:9 title 7:9 today 6:3,11,12,14,17 6:21,25 35:10 39:10 58:16 61:8,9 86:24 88:4 90:5,17,25 94:7 told 21:21 40:3 46:21 74:3 75:11 top 7:1,3 13:14 tox 21:9,11 95:20 TRANSCRIPT 5:1 trend 52:11 truck3:10 11:24 89:18 true 27:14 58:8 61:18 70:11 92:22 try 5:19,20,22 6:4 13:4 55:13 56:7 69:8 70:21 71:1 trying 11:7 13:22 14:2 14:15 29:12 35:15 37:9 47:2 50:14 51:7 51:19,21 52:2 54:17 55:5 60:22 74:4 78:8 82:23 91:25 92:18 94:5 TUCKER 3:11 turn 19:2 turned 18:12 twice 58:25 two 9:16,17 19:6 25:1 32:3,6,13 40:3,14 42:11 61:14 76:9 84:16 85:21 95:20 type 8:24,24 11:4 17:15 17:16 22:25 25:7 26:8 27:23 28:5 33:11 36:24 37:16 38:9,13,17 45:21,23 62:24 63:4,24 64:9 65:2,2,15,24 69:5,21 72:17 76:20 79:25,25 83:15 84:2 86:9 88:1 I 90:18,25 types 32:3,22 40:3,14 63:7 65:6 79:1 typical 85:6 I U unbeknownst 63:18 unclear 32:15 40:11 underlining 18:12 understand 6:2,9 8:5 15:22 24:25 26:1 29:4 35:5,10,12 46:12 49:3 54:15 59:1 76:6 78:7 understanding 5:14,17 16:16 22:3 46:8,21 46:22 47:3,5,14,15 47:22 48:23 49:6,7 51:20,25 52:13 62:11 62:15 63:6 64:13 65:1,12 67:22 69:3,9 74:24 95:15 understood 6:8 62:13 UNION 2:23 United 24:4,11 72:12 72:18 87:19 unsafe 87:10 unusual 68:25 upset 42:23 use 16:14 37:13,18 38:19 39:5 41:23 42:2 43:12 52:19 58:3,16 73:15 80:19 81:15 82:7,13,14 90:17,25 95:7 user 8:25 U.S66:9 67:11 68:17 68:17 73:1 74:10 75:20 81:15 V V 77:13 80:23 82:11,15 82:24 83:21 84:2 vague 35:3 Valias 2:3 4:3,5,6 5:6,9 7:14 9:5,14,23 10:23 Henjum Goucher Reporting Services 1-888-656-DEPO GARY AUSTIN Page 9 11:1,14,21 12:18 13:11 14:5,7,14,19 14:21 15:22 18:20 21:6 22:1 23:9 24:3,6 24:13,20 25:2 27:7 28:11 29:2,23 30:19 30:24 31:19,22 32:17 33:14 34:5,15,22 35:1,5,9 36:1,14 37:3 37:23 38:24 39:20 40:13,23 41:16,25 43:3,11 44:3,11 45:8 46:7,19 48:22 49:12 50:3,10,23 51:11 52:23 53:8,23 54:12 54:14 55:4,13,15,22 56:9 57:1,9 58:6 59:7 59:14 60:2,21 62:22 63:11,22 64:6,20,25 65:11 66:3,15 67:4 67:20 68:2,4,6,10 69:2,18 70:16 71:12 71:17,24 72:24 73:7 73:19,25 74:2,13,23 75:25 76:8,15 77:3 77:24 78:5,17 80:5 80:10 85:3 86:5,12 86:21 87:2,7,13,25 88:6,24 90:9,20 91:5 92:3,17 93:5,7,16,20 94:2,13,18,22 95:13 95:25 variations 84:22 varied 49:14 varieties 76:23 79:16 variety 41:15 vary 79:15 vast 83:7 vehicle 88:23 89:18 VERMILLION 2:24 versions 15:10 versus 17:23 18:3 20:1 49:9,24 50:5 52:8 Verta 17:23 vessels 67:11 68:18 72:19 73:12 74:10,20 75:20 VG 77:15,17 80:18,18 81:22 82:6,17 83:9 83:20 84:6 VIAL 2:14 vice-president 23:23 Victor 2:24 10:14,15 15 19 16:4 20:24 21 18 22:5 24:22 26 23 27:24 28:5 29:18 30:5,14,25 31:8,25 32:7,20 39:4 39:12,13,18 40:4,16 41:8,20 44:4 45:18 46:16 47:11 48:17 49:22 53:1 54:1,21 55:18 58:12 59:9,22 62:2,12,17,23,24 63:3,15,18,25 64:9 64:14 65:2,3,13,14 65:15,19,24,25 66:7 66:19 67:10,22 68:19 68:20 69:1,11,24 70:6,11,18,20 72:10 73:2 74:17,18 75:5 75:18 76:2,4,11,18 76:19,19 77:8 78:9 78:19,25 79:1,4,9 80:18 81:18 83:11,13 84:18,23 86:19 87:4 87:9,17,18 VICTORIA 2:21 Victor's 17:13 48:25 49:8 63:16 78:2 visit 6:20 22:2 33:21 40:25 42:10 77:11 90:12 voice 18:17 21:11 volume 64:13 vs 1:7,14 V-I-C-T-O-R 78:19 79:3 83:12,13 W W 2:6 want 6:19 10:11 14:13 18:17 19:5,8 51:9,17 51:22 52:2,19 53:8 53:12 54:25 77:7 89:23 90:11 91:21 92:11,22 93:8,9 wanted 18:2 32:1 39:5 70:17,21 wants 93:22 Warner 2:14 88:14,15 warning 10:2,8,19 11:4 11:8 12:11,16,21,23 14:25 15:4,9,12,17 15:25 16:18,24 17:12 17:16 21:19 23:5 26:9 wasn't 39:16 67:5,12 79:24 83:2 Waters 2:2 5:9 way 25:3 47:17 73:2 74:14,16,24 87:16 ways 84:17 wear 88:5 90:4 91:3,6,8 91:9,10,14 92:6,10 92:21,25 93:1,2,13 wearing 92:4 93:3,12 94:10 wears 93:21 week 5:12,12 61:25 weeks 62:1 WENDY 1:11 went 15:12,18,25 46:11 51:2 52:15,17 weren't 75:6 we'll 31:19 33:19 65:21 72:1 we're 21:3 39:9 50:17 51:4 57:18 68:12 69:5 72:1 79:3 85:6 we've 11:17 16:8 26:12 27:1,19 31:15 39:23 40:18 61:9 72:4 81:13 whatsoever 64:24 whereof 97:16 white 84:14 85:14,15 85:19 WHITTENBURG 2:11,11 WILKINS 3:11 WILKINSON 3:1 William 17:20 wire 37:18 38:21 43:14 60:16 87:22,22 90:3 90:16,17,24,25 91:14 91:15 92:14,20,21 94:8,8,16 95:3,7,14 Wisconsin 1:23,23 2:7 97:1,5,18,22 withdraw 68:14 witness 1:20 3:17 4:2 5:2 11:13,20 13:10 18:19 21:5,25 23:23 24:18,25 27:4 28:10 29:22 30:17,22 32:11 33:6 34:3,11 35:7,23 36:13 37:1,22 40:11 40:21 41:10,23 42:19 43:8,21 44:8 46:4,15 48:19 50:1,21 52:21 53:21 54:7,25 55:21 56:5 57:7 58:1 59:5 59:12 60:1,19 62:20 63:9,20 64:19 65:10 66:2,13,24 67:15 68:8,23 69:15 70:13 71:10 72:22 75:23 76:6 77:1,22 78:4,15 80:3 85:1 86:14,22 88:4,8,25 89:5,15 91:3 92:25 94:14,22 95:25 97:16 wondering 15:6,7 16:3 21:21 54:15 74:7 woodworking 91:9 92:6 word 13:7,16 52:19 words 11:7 13:12 43:14 43:15 47:4 54:3 62:25 63:25 64:6 66:4 80:10 81:17 84:19 worked 22:8 65:19,23 66:19 67:9,10 68:16 68:18 70:10 working 36:15 45:18 67:5,13 68:16,20,24 world 70:5 wouldn't 38:17 40:7,8 45:3,23,24 47:6,7 52:6,18 66:13 94:19 95:7 wrap 72:1 wrapped 84:21,21 86:2 wrapping 86:9 writing 97:8 wrong 16:17 27:22 28:4 90:23 X4:l Xerox 14:12 XYZ 36:19,22 yeah 14:14 75:8 year 11:17 16:9,9 22:14,18 23:4,13,13 23:17 25:13,17 26:6 28:19 29:18 30:4,25 31:3,7,10,12 44:4 45:24,25 48:13,16 49:14 55:24 56:12 58:10,12,14,15 59:8 59:13 63:23 64:3,7,7 64:8 80:7,7,11,11,12 80:25 81:1,22,23 82:10,10 years 26:18 27:6 36:15 44:9,17,18,20 45:18 52:5,15,17 56:1 64:5 64:8 65:18 66:5,8 70:10 80:6,9,12,16 80:19 81:3 82:5,12 84:24 89:8 91:7 14:9 9:19,22 1st 97:18 1-8-854:10 104:10 100 2:21 54:10 60:25 11:551:22 96:2 11500 1:23 12 10:3 12-12-84 4:10 1201 3:14 144:11 159th/217th 1:18 17002:25 3:14 17172:15,18 1751 3:12 18 10:2 19 17:4 1950s 28:25 29:15 1960s 26:22 27:2 28:14 28:22 29:7,25 30:2 30:11 40:5,16 72:19 73:1,5,13,17 74:11 74:21 75:21 76:4 196166:20 67:8 68:18 1965 66:20 67:8 68:18 1968 27:9,11 67:21 69:7 87:17 1970 89:8 1970s 22:4 26:15,18 28:14,22 29:8 30:11 40:6,16 41:13 48:20 49:6,15 89:3 1977 39:13 44:23 47:12 47:20 48:24 49:21,21 49:23 50:7,12 51:2,5 52:3 53:25 54:18,22 55:16,24 56:1 57:23 1980 10:3 25:18,21 1980s 24:23 28:25 29:17 41:1,3,4,10,20 42:12 48:20 49:7 1984 10:3 11:16 19857:6,10 8:21 9:7,12 12:6 15:7 16:12 17:5 21:20 1986 17:5 21:20 1987 39:14 44:23 47:12 47:20 48:24 52:3,24 52:25 54:19 56:2 57:23 59:16,24 198823:18 24:2 54:10 1990s 89:9 Henjum Goucher Reporting Services 1-888-656-DEPO GARY AUSTIN Page 10 Henjum Goucher Reporting Services 1-888-656-DEPO