Document MJ8v9kYrEgOQn6kryJOXmbQdL

FILE NAME: Kaiser Gypsum (KG) DATE: 1999 Jan 19 DOC#: KG052 DOCUMENT DESCRIPTION: Legal - Deposition of Brentwood Crosby CRUM V. E. J. BARTELLS CO., ET AL BRENT CROSBY 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 2 IN AND FOR THE COUNTY OF KING INDEX 3 4 JOHN E. CRUM and MARILYN J. ) CRUM, a married couple, ) 5 - Plaintiffs, ) 6 vs. ) No. 98-2-24915-3SEA 7 THE E. J. BARTELLS COMPANY, ) et al., 8 _ ) Defendants. ) 9 ) 10 Videotaped Deposition Upon Oral Examination 11 of 12 BRENTWOOD CROSBY 13 EXAMINATION PAGE BY MR. BERGMAN: ............................. 5 EXHIBITS MARKED PAGE Exhibit Nos. 1 - 7 .......................... 4 Exhibit No. 8 .................... Kaiser Gypsum No. 1 ............... Kaiser Gypsum No. 2 ......................... 66 14 15 m 16 17 18 10:20 a.m. January 19, 1999 1201 Third Avenue. Seattle, Washington 19 20 21 22 23 i 24 Cheryl Macdonald, CCR 25 Court Reporter License No. MACD0CA45/LC 1 APPEARANCES 1 (Marked Deposition Exhibits 1 - 7.) 2 2 THE VIDEOGRAPHER: My name is Keith Payne. 3 FOR THE PLAINTIFFS: 4 5 6 MATTHEW BERGMAN MEG PAGELER Attorneys at Law 1201 Third Avenue Suite 5300 Seattle, Washington 98101 3 My address is 2127 Second Avenue, No. 305, Seattle, 4 Washington 98121. My phone number is 206-233*1306. 5 I'm the video specialist for Royal Video Productions 6 whose principal place of business is 950 Northwest 7 FOR CCR DEFENDANTS: 8 9 HENRY WINDER WEBB, III Attorney at Law' 1201 Pacific Avenue Suite 2200 Tacoma, Washington 98401 7 Firwood Boulevard, Issaquah, Washington 98Q27. Royal 8 Video's phone number is 425-391-6809. 9 I'll be the operator of the audio/video 10 FOR OWENS CORNING FIBERGLAS: 11 12 RONALD C. GARDNER Attorney at Law 2200 Sixth Avenue Suite 600 Seattle, Washington 98121 10 equipment for the deposition of Brent Crosby being 11 videotaped at the offices of Weinstein and Bergman, 12 1201 Third Avenue, Seattle, Washington. The caption 13 FOR E. J. BARTELLS CO.: 14 15 CHERYL ZAKRZEWSKI Attorney at Law 700 Fifth Avenue Suite 5511 Seattle, Washington 98104 13 of the case is John E. Crum and Marilyn J. Crum vs. 14 The E. J. BartelIs Company, et al. The case number is 15 98-2-24915-3 SEA. P 16 FOR RAPID AMERICAN and W.R. GRACE: 17 18 VALERIE BURNS Attorney at law 1420 Fifth Avenue Suite 4100 Seattle, Washington 98101 16 This videotaped deposition is being taken 17 on behalf of the plaintiffs. Today's date is January 18 19, 1999. The current time is approximately 10:22 19 FOR KAISER GYPSUM: 20 ' 21 KENNETH E. PETTY Attorney at Law 4100 Two Union Square 601 Union Street Seattle, Washington 98101 19 a.m. Will the attorneys present please identify 20 themselves. * 21 MR. BERGMAN; Matthew Bergman for the 22 and 23 24 25 ALSO PRESENT: PAUL J. GAMBA 22 plaintiff. Attorney at Law 23 580 California Street MS. PAGELER: Meg Pageler for the 15th Floor 24 plaintiff. San Francisco, California 9410<- 25 KEITH PAYNE, Videographer MR. PETTY: Ken Petty for defendant Kaiser DEAN MOBURG & ASSOCIATES (20S) 622-3110 Pages 1 to CRUM V. E. J. BARTELLS CO., ET AL BRENT CROSBY 1 Gypsun Company. 2 MR. GAMBA: And Paul Gamba on behalf of Kaiser Gypsum Company, Inc. `4 MS. ZAKRZEWSKI: Cheryl Zakrzewski for E. \ Bartel Is. 6 MS. BURNS: Valerie Burns for Rapid 7 American and W. R. Grace. - 8 MR. GARDNER: Ron Gardner for Owens 9 Corning. 10 MR. WEBB: Henry Webb for CCR. 11 THE VIDEOGRAPHER: Will the court reporter 12 please swear in the witness. 13 BRENTWOOD CROSBY, witness herein, having been first duly sworn by the Notary, deposed 14 and said as follows: 15 THE VIDEOGRAPHER: You may begin. 16 17 18 EXAMINATION 19 BY MR. BERGMAN: 20 Q. Could you please state your full name, sir. 21 A. My full legal name? 22 Q. Yes, sir. 23 A. Brentwood Fairchild Crosby. 24 Q. Mr. Crosby, where do you live? 25 A. In Walnut Creek, California. 1 Q. And what branch of service was that? 2 A. Well, I started out here in Seattle with 3 the Army Transport Service, and later I was in the 4 Merchant Marine, and then in the Marine Corps reserve. 5 Q. And what years were you in the Marine 6 Corps, sir? 7 A. Well, let's see. It was 1944 to '46. 8 Q. During that time frame were you stationed 9 at any one part of the world? 10 A. Basically the Southwest Pacific. 11 Q. And did you participate in any campaigns 12 during that time? 13 A. Yes. 14 Q. And what campaigns were those, sir? 15 A. At Kwajalein Islands and the Marianas and 16 the Solomons. 17 Q. Were those serious battles, sir, in the 18 history of the United States? 19 A. Yes. 20 Q. Sir, are you married? 21 A. Yes. 22 Q. And what's your wife's name? 23 A. Mary Jean. 24 Q. And how long have you and Mary Jean been 25 married? ! Q. 6 And have you always lived in Walnut Creek? 2 A. No. 3 Q. Where did you grow up? 4 A. I was born and raised in Seattle, 5 Washington. 6 0 . What part of Seattle? 7 A. West Seattle. 8 Q. And where did you go to high school? 9 A. West Seattle High School. 10 Q. Did you have any other education in 11 Seattle? 12 A. Seattle University, was Seattle College at 13 that time, 14 Q. And does anybody in your family still live 15 in Seattle? 16 A. My sister. . 17 Q. And who are you staying with -- 18 A. My sister, in West Seattle. 19 Q. Sir, when did you leave Seattle? 20 A. In about 1952 -- excuse me, 1954. 21 Q. And since leaving Seattle, have you come up X-- 22 from time to time to visit? ! ; A. .y ; Q. Quite often. Sir, have you ever served in the military? 25 A. Yes. 8 1 A. 52 years. 2 Q. Sir, could you trace for us the path that 3 your career followed after you were discharged from 4 the armed forces. 5 A. Well, see, I went to work for Urban Smythe 6 and Warren -- they're a mechanical contractor -- on 7 the Hanford project in Hanford, Washington. Then we 8 finished there, came back to Tacoma and worked for 9 F. A. Urban Company, which was one of the partners of 10 iffban Smythe and Warren. And from Urban Smythe and 11 Warren I went to Automatic Sprinkler Corporation of 12 America. 13 We moved to Portland and in Portland I 14 worked for the Heinz-Company, which was a mechanical 15 contractor. And in 1959 I was contacted by Kaiser 16 Gypsum Company and asked to come down to California, 17 to Oakland, to have an interview. In 1960 I joined 18 Kaiser Gypsum in Oakland. 19 Q. And how long did you work from Kaiser 20 Gypsum after joining the organization in 1960? 21 A. Until 1978 when they were sold to Domtar 22 Gypsum Company, and we went over to Domtar at that 23 time until 1989. 24 Q. What positions did you hold in Kaiser 25 Gypsum between 1960 and 1978, sir? Pages 5 to 8 DEAN MOBURG & ASSOCIATES (206)622-3110 ri ilo* L jM \ s 1 i I 1 p s 1[v k k f jj / i , ji 1 j j j I ' ; ! I fv i V--i. n i C R M V . E. J. BARTELLS CO. , ET AL BRENT CROSBY 1 A. Well, in 1960 I was hired as their 2 architectural representative. 3 Q. And what does an architectural 4 representative do? 5 A. We.ll, his duties were to work with 6 architects and designers to integrate the Kaiser 7 Gypsum products into their specifications. Then in 8 1962 I transferred over into sales in the Hast Bay in 9 Oakland. 10 Q. And what were your responsibilities as a 11 salesman for Kaiser Gypsum in the East Bay area of 12 California? 13 A. Uas to sell material dealers and 14 distributors and to work with contractors on the 15 purchase of all Kaiser Gypsum products. 16 Q. And what was the next position you held 17 with Kaiser Gypsum^ sir? 18 A. I was a -- 1965 -- well, see, in 1963 I was 19 made an area manager and transferred to Sacramento, 20 California. In 1965 I was promoted to district 21 manager, which encompassed all of the Central Valley 22 to Reno and Salt Lake City and southeastern Idaho. 23 0. As a district manager for the Kaiser Gypsum 24 company, sir, how many salesmen were you responsible 25 for supervising? 1 Q. Is that in Oakland? 2 A. In Oakland, right. 3 Q. And what is the KaiserCenter, sir? 4 A. Well, the Kaiser Center was the home of the 5 Kaiser Industries, and they had approximately 64 6 different companies represented in the building. 7 Q. Sir, I'm handing you what's been marked as 8 Exhibit 1, ask you whether you can identify that 9 photograph. 10 A. Well, this is the Kaiser Center itself. 11 This is Lake Merced right in front of it, and that's 12 Lakeshore Drive right in front of it. 13 Q. Could you show that to the videographer. 14 A. (Indicating.) 15 Q. Where within the Kaiser Center, sir, was 16 Kaiser Gypsum Company located? 17 A. Basically on the 25th floor and the 24th 18 floor. Senior management was more or less on the 24th 19 floor. 20 Q. And did you know -- in the course of your 21 work, sir, did you interact with senior management of 22 Kaiser Gypsum Company? 23 A. Absolutely. 24 Q. And during the majority of the time that 25 you worked for that company,,* sir, who was the head man 1 A. 14 to 16. 2 Q. And what was the next position you held 3 after serving as a district manager for Kaiser Gypsum? 4 A. I was regional sales manager. 5 Q. And as a regional sales manager, sir, what 6 was your territory? 7 A. Well, it was northern California, northern 8 Nevada, state of Utah, southeastern Idaho, Oregon and 9 Washington. '* 10 Q. And as regional sales manager for the 11 Kaiser Gypsum Company, sir, at that time how many 12 salesmen did you supervise? 13 A. Close to 20. It varied, but it was 14 probably average around 20. 15 Q. During the time that you worked for Kaiser 16 Gypsum, sir, where was the majority of your time 17 spent? And by that I mean where were you 18 headquartered during most of that time? 19 A. Well, in 1960 when I joined the company I 20 was headquartered in Oakland. They had temporary 21 offices at 145 Grand Street in California. Then in 22 1960 moved into the Kaiser Center when it opened. 23 Q. 24 sir? And where is the Kaiser Center located, 25 A. It's located on Lakeshore Drive. 1 in charge of the Kaiser Gypsum Company? 2 A. Well, Claude Harper was the president of 3 Kaiser Gypsum and when he left R. A. Costa, Bob Costa, 4 became vice-president and general manager. 5 Q. During the course of your work at Kaiser 6 Gypsum, sir, did you have the occasion to interact 7 with Mr. Costa? 8 A. Yes. 9 Q. - And what would be the occasions that would 10 cause you to interact with Mr. Costa? 11 A. Well, it would be during sales meetings, 12 management meetings, played quite a bit of golf 13 together. 14 , Q. Sir, I'm handing you what's been marked as 15 Exhibit 2, and I'm also putting a blow-up of Exhibit 2 16 on the easel. Who were the individuals that are shown 17 in Exhibit 2, sir? 18 A. Okay. The fella to the left as I look at 19 it is Bob Costa, Robert A. Costa, and the fella that 20 he's shaking hands with is John Crum. * 21 Q. Sir, I'm handing you this pointer. Could 22 you please point to Mr. Costa for us, please. 23 A. This is Mr. Costa and this is Mr. Crum 24 (indicating). 25 Q. During an average work week, sir, how many DEAN MOBURG & ASSOCIATES (206)622-3110 Pages 9 to i; CRUM V. E. J. BARTELLS C O . , ET AL BRENT CROSBY 1 times would you see Mr. Costa? 2 A. Well, you wouldn't set it up on a weekly 1 representation in the Gypsum division. 2 Q. And approximately when did that integration sis, but to sit in meetings with him it would 3 take place, sir? jobably be about once a month. 4 MR. PETTY: Object as to form. Lacks 5 Q. And how about.socially, sir? How often 6 would you play golf with Mr. Costa? 7 A. Oh, three or four times a year. 8 0. Was Kaiser Gypsum Company a -- to your 5 foundation. 6 A. Best of my recollection, I think it was 7 around 1970. 8 Q. Sir, during your -- as you served as a 9 knowledge and to your understanding, sir, was Kaiser 10 Gypsum Company associated with any other Kaiser 11 entity? 12 MR. PETTY: Object to form of the question. 9 regional manager and a district manager for Kaiser 10 Gypsun, where was your office located? 11 A. In the Kaiser Center. 12 Q. And what floor was your office? 13 Go ahead. 13 A. On the 25th floor. 14 A. Well, we were a subsidiary of Kaiser 14 Q. And how often in the course of a week would m 15 Cement. 15 you have to go down to the 24th floor to confer with II 16 Q. And what was Kaiser Cement, sir? 16 senior management? 17 A. Well, they manufacture and distributed 17 A. Well, the support people, production and 18 cement products, bulk and bagged, on the Pacific 18 research, had their offices on the,24th floor, and it 19 Coast. 19 was quite common for us to go down and talk to them 20 Q. And what kind of products in general did 20 about different things, but as far as fully integrated 21 Kaiser Gypsum manufacture? <yi 21 meetings between division and regional sales with the 22 A. Well, they -- in bag cement there's five 22 cement company it's probably about once a month. 23 kinds of cement. I think they manufactured and sold 23 Q. Sir, I'm handing you what's been marked as 24 two, type 2 and type 5 cement. 24 Exhibit 3 which was previously identified in the 25 Q. Sir, what was your understanding of the 25 November 4 deposition of Joseph Hobby as Exhibit 4. x l / ' * |H 1 relationship on a day-to-day basis between Kaiser . 16 1 And I'll ask you to look at the first page, and I just 2 Gypsun and Kaiser Cement? 2 have a general question for you, sir. Can you 3 MR. PETTY: Object to the form of the 3 identify the individuals that are listed on the first 4 question. 4 page of that chart? W 5 Q. You can answer the question. The lawyers 5 A. Well, right at the top is -- 6 have an obligation to object on behalf of their 6 Q. Well, just as a general question, can you 7 clients and the judge will decide later on the nature 8 of that objection. 9 A. Could you repeat the question. 7 identify those individuals? 8 A. Yes, most of them. 9 * Q. I'm going to now show you a blow-up of the 10 Q. Certainly, sir. Let me rephrase the 11 question. Did there come a time when Kaiser Gypsum 12 and Kaiser Cement became more closely intertwined than 10 first page of Exhibit 3, and I'm going to ask you some 11 questions now, sir, about specific individuals that 12 are depicted on that document. First I think you had 13 they were previously in the course of your employment? 14 A. Yes. 15 MR. PETTY: Objection as to form. 13 previously identified a photograph of Mr. Costa. 14 A. Right. 15 Q. What wereMr. Costa's responsibilities at 16 Q. Can you describe the nature of this 17 interaction? 16 Kaiser Gypsum? 17 A. Well, he was the general manager. He 18 MR. PETTY: Same objection. 18 worked very closely, naturally, with all his 19 A. Well, as business slowed down we had 20 personnel that covered pretty much the same 21 territories, areas of responsibility, as the cement people. So we -- it was at the suggestion of the 19 vice-presidents of the different divisions. 20 Q. Next, sir, asking about Mr. Eshelman, what 21 did he do in the organization? 22 MR. PETTY: Object to the form of the Vnent company that some of the Gypsum people assume 2^ responsibility for cement sales in specific areas and 25 some of the cement guys would assume sales 23 question. Can I have a continuing objection all your 24 further examination on this chart or do you want me to 25 -- Pages 13 to 16 DEAN MOBTJRG & ASSOCIATES (206)622-3110 CRUM V. E. J. BARTELLS CO., ET AL. BRENT CROSBY 1 MR. BERGMAN: Take a continuing objection]^ 1 2 Ken, that's fine. 2 19 A. Definitely. Q. And who was in charge of research and 3 MR. PETTY: Thank you. 3 development during most of the period that you worked 4 A. Well, Mr. Eshelman was more or less of an 4 there? ? i m 5 administrative manager for Bob Costa. 5 A. George Kirk. m 6 Q. And how about Mr. H. R. Orzech? 6 Q. And was there also an individual named Mr. 7 A. Orzech was an administrative assistant. 7 H. C. Dupuis? n 8 Q. In the course of your duties at Kaiser 8 A. Yes, that's Harlan. 8 9 Gypsum, sir, did you ever have to interact with Mr. 9 Q. And what did Harlan Dupuis do? 10 J. W. Blewett? 10 A. He was again semi-administrative assistant f'l 11 A. Yes. 11 to Bob Costa. i:,j 12 Q. And what did Mr. Blewett do at Kaiser 12 0 . And how about C. H. Schaper? 13 Gypsum? 13 A. That's Ernie Schaper. He was m 14 A. He was manager of special products and the 14 vice-president of operations, production. 15 promotion of. 15 Q. And how about P. J. Franklin? 16 Q. And how about Mr. B. W. Simpson, sir. What 16 A. He was a vice-president of production. 'f-T.Jii 17 did he do? 1 j 18 A. Mr. Simpson, he was a controller. 17 Q. And finally, A. Chavez? 18 A. Oh', Tony was more or less our manager of 19 Q. And L. D. Olsen? 19 our Mexican operations. He... . n 20 A. He was a manager of traffic and 21 transportation. 20 Q. Sir, if you could look for me on this 21 blow-up. which is the first page of Exhibit 3, and 22 Q. During the time that you were at Kaiser 22 tell me if you would, sir, where the individuals who t ' 23 Gypsum, sir, who was your immediate supervisor? 23 are listed there were officed, where their offices 24 MR. PETTY: Objection as to form, 24 were located? 25 particular part of his career you asked him about. 25 A. Basically the 24th floor. 18 20 1 MR. BERGMAN: Yeah, I understand. 1 Q. Sir, I ask you whether you could provide us 2 Q. During the time that you were a regional 2 with a diagram of the 24th floor of the Kaiser Center 3 manager at Kaiser Gypsum, who was your immediate 3 indicating where each individual's office was located, 4 supervisor? 4 understanding that your background is in sales not in 5 A. J. J. Hague, James Hague. 5 art. S.-1 i 6 Q. And what were Mr. Hague's responsibilities 6 A. Yeah, that's right. Well, the Kaiser L-j 7 at Kaiser Gypsum, sir? . 7 Center was basically built in a crescent. This would 8 A. He was the -- in charge Of sales and of the 8 be a typical office floor for all 28 floors. In this 9 sales regions, districts, as a sales - 9 corner was Harper and then Costa, and then Hague, then 10 Q. And in an average work week, sir, how often 10 Crowle, and this is the conference room over here 11 would you -- during the time you were a regional 11 (indicating). 12 manager how often would you interact with Mr. Hague? 12 Q. Could you just put a C on that for us, sir? 13 A. Probably about once a week. 13 A. Conference room. And this is trailed off 14 Q. Sir, what did Mr. Crowle do or what did 14 with administrative assistants and then offices down 15 R. C. Crowle do in the Kaiser organization? M 16 A. He was a merchandising manager. 15 here (indicating). 16 Q. Do you recall where Mr. Franklin's office 17 Q. And as merchandising manager, sir, what was 17 was located? 18 his responsibility? 18 A. I think he's right next to the conference 19 A. To list and promote different products. 19 room here (indicating). 20 Q. And in the course of your -- 20 MR. PETTY: Counsel, just for " tesL 21 A. And pass information and direction on down 21 clarification, do you have a particular time frame in te 22 to sales. 22 mind that we're talking about here? 23 Q. In the course of your work at Kaiser 23 THE WITNESS: Well, this would be basically 24 Gypsum, sir, did you have the occasion to interact 24 1960 to about -- when we first moved in the building ' ; } 25 with the research and development department? 25 Claude Harper was in this corner, Costa was here. DEAN MOBURG & ASSOCIATES (206)622-3110 Pages 17 to 2 CRUM V. E. J. BARTELLS C O ., ET AL BRENT CROSBY 1 Then when Harper left Costa moved into the president's 1 MR. BERGMAN: Is it the third page? office where he was vice-president and general Inager (indicating). . .A ) Q. And approximately -- well, let's finish 2 3 match up. 4 MS. ZAKRZEWSKI: First page didn't even MR. PETTY: Nothing that you passed out. 5 that and then we'll elicit what general time frame 5 Counsel, matches the chart that you're now holding in 6 we're speaking with. How about Mr. Dupuis, sir? 7 A. I think Harlan was right about here 8 (indicating). 9 Q. And finally, sir, what about Mr. -- well, 6 your hand. 7 MR. BERGMAN: Why don't we correct that, 8 then. We'll take a very short break. 9 THE VIDEOGRAPHER: Off the record at 10:49. 10 did you know an individual named Mr. Kirk? 11 A. George Kirk? 12 Q. Yes. 10 11 12 a,m. (Recess.) THE VIDEOGRAPHER: On the record at 10:53 13 A. Oh, yes, definitely. 13 MR. BERGMAN: I'm going to substitute the 14 Q. And where was Mr. Kirk's office located? 14 Exhibit 3 that I had previously handed to Mr. Crosby W' 15 A. Over in this area, the west of the 15 for the corrected version and am circulating it among 16 building (indicating). 16 all defense counsel. Apologize for the mix-up. 17 Q. Could you just put a K approximately where 17 MR. PETTY: So this is an entirely 13 Mr. Kirk s office was located? 18 different document than youtprior Exhibit 3? >9 A. (Complying.) 19 MR. BERGMAN: Yeah. 20 Q. Thank you very much, Mr. Crosby. I think 20 THE VIDEOGRAPHER: On the record at 10:53. 21 you can resume your seat. I'm going to mark this 21 Q. Mr. Crosby, I'm putting a blow-up diagram v15678920*4 22 diagram as Exhibit 8 , and will provide counsel with 22 up on the easel which is a copy of the second page of 23 copies of it at the first available opportunity. 23 the substituted Exhibit 3. And what I would like you & 24 (Marked Deposition Exhibit 8 .) 24 to do for me, sir, is identify -- well, first of all, '5 Q. You had drawn a conference room on Exhibit 25 let me ask you, can you identify most of the 24 1 _, Mr. Crosby. Did you ever attend meetings in that ' 1 individuals set forth on that document? 2 conference room? 2 A. Yes. 3 A. Definitely, yeah. 3 Q. Sir, let me ask you, first of all, there's k, k 4 Q. Approximately how often didthat occur? 4 an individual listed here, B. Crosby. Do you know who 5 A. Well, it would be between a 30 and 90-day 5 that is, sir? 6 period, or whenever Bob Costa or Mr. Harper would call 6 A. I hope so. 7 for a special meeting we'd all go up there. It wasn't 7 Q. And who mightthat be? 8 on a regular basis. 8 A. Me. 9 Q. Do you know whether or not the senior 9 * Q. Sir, if I could ask you to take this 10 management that you've identified would meet more 11 frequently than every -- 12 A. Oh, definitely. 10 pointer for us and identify all of the individuals who 11 are set forth on the second page of Exhibit 3 as well 12 as what their responsibilities were and where they 13 MR. PETTY: Object to the form. 13 were located. - 14 Q. And what is your understanding of how often 14 MR. PETTY: Counsel, before doing so, may I 15 these meetings would take place, based on your 15 lodge an objection - 16 experience? 16 MR. BERGMAN: Absolutely. 17 MR. PETTY: Same objection. 17 MR. PETTY: --to the use of this document 18 A. It was just hard to say. 18 without laying adequate foundation, without any ! 19 Q. Sir, I'd now like to turn your attention to 19 indication or sense as to what time frame is involved $ 20 the second page of Exhibit 3, page entitled "sales" 20 here. 21 and I'm going to -- 21 MR. BERGMAN: Your objection is well taken, MR. PETTY: We don't have one entitled 22 Counsel. We're talking about the period 1970 to 1972. ales," Counsel. 23 MR. PETTY: Well, Counsel, that's fine. I 24 A. Research development and business 24 think that's testimony and foundation that needs to 25 development. 25 come from a witness. Pages 21 to 24 DEAN MOBURG & ASSOCIATES (206)622-3110 .u. M Lj i. j CRUM V. E. J. BARTELLS CO., ET AL BRENT CROSBY 1 MR. BERGMAN: That's fine. 2 Q. Mr. Crosby, what was the general time frame 3 that this diagram represents in terms of the structure 4 of the sales force of the Kaiser Gypsum Company? 5 MR. PETTY: Object to the form of the 6 question. 7 A. Well, i think it's pretty well set up for 8 1965 to 1970. " 9 Q. And sir, could you now point to each 10 individual on that document and indicate - 11 A. This is Jim Hague (indicating). He was the 12 vice-president of sales. Frank Potts was his 13 administrative assistant. Robert Laidlaw was the 14 administrative assistant not only to Mr. Hague but - 15 Q. Now, sir, at the next level there are three 16 regional sales managers. What were the three regions 17 that the company was -- the company sales efforts were 18 divided into? 19 A. On this region 1 was by Tommy Donovan. 20 Q. And what area was that? 21 A. That was in southern California from 22 Bakersfield south over into Phoenix and Albuquerque, 23 and at a later date part of Mexico. 24 Q. Then the next region, sir. Maybe we'll 25 just take it by level. 1 A. This is Dick James. He was in the greater 2 Seattle area. This is Ed Millis. He went east in 3 1965 as the district manager in the New Jersey/New 4 York area. Jim Kelly, he was district manager down in 5 Georgia, Florida, that area. Sullivan was assistant 6 to him. 7 Q. Let the record reflect that the witness was 8 just testifying to the east region of Kaiser Gypsum. 9 Now, if you would -- 10 MR. PETTY: Object to the form of the 11 question. 12 Q- Now, if you would, sir, could you identify 13 those individuals in the center section, the northwest 14 Pacific region, at the sales manager level that you 15 recall. 16 A. Okay. 17 Q. And what region they were working? 18 A. I have a correction to make here. This is 19 Jim Watson, not Charlie Watson, as regional sales 20 manager of the east. 21 Q. Thank you, sir. Now if you could address 22 the Northwest Pacific region? 23 A. This is Al Alessandri, and he had district 24 managers under him, Galen Thomas, who was basically in 25 the Bay area. Charlie Watson was district manager in 1 A. This is region 2. This is Al Alessandri. 2 Q. And what area was region 2 encompassing? 3 A. Region 2 encompassed northern California, 4 northern Nevada, state of Utah, southeastern Idaho, 5 Oregon, Washington, Alaska. 6 0. And was region 2 the region that you 7 subsequently assumed responsibility for? 8 A. Right, and Alaska and Hawaii. 9 Q. And finally, sir, the third region? ,, 10 A. Region 3 was Charlie Watson. He was 11 regional manager of Pacific Northwest, which would be 12 Oregon, Washington, Alaska. 15 Q. And sir, of the individuals listed at the 14 third level, the sates manager level, if you could for 15 us, identify those who you remember and what region 16 they worked" in in the 1965 to 1972 time period? 17 A. Well, this is Gordon Brown. He was 18 basically in southern California, down from LA down 19 into San Diego. Asimos was over in New Mexico and 20 Phoenix, New Mexico and Arizona. Bob Olson was 21 LA area, greater LA area, on up to Bakersfield. And 22 Bob Boltz was an area manager. Worked directly under 23 Bob Olson. 24 Q. And how about in the Northwest Pacific 25 region, the second, region 2? 1 Seattle. Wilf Torgeson was district manager in 2 Portland. Myself, I was district manager in eastern 3 California, northern Nevada, Utah and southeastern 4 Idaho. Doug McClellan was an area manager that I used 5 in northern California, and he assumed 6 responsibilities when I'd go east or over the 7 mountains. 8 Q. Thank you, sir, I wanted to ask you some 9 questions- now, sir, concerning the research and 10 development portion of Kaiser Gypsum. In the course 11 of your duties as a district and regional sales 12 manager, did you ever have the opportunity to interact 13 with the-research and development staff? 14 A. Yes. 15 Q.What were the types of circumstances that 16 would cause you to interact with the research and 17 development personnel? 18 A. Well, if we'd have a product problem- 19 what I mean by a product problem would be the 20 application of the product or the quality of the ' 21 product -- the salesman would write what they called 22 the customer problem report which would come to my 23 office, would review, sign off or initial, and send to 24 the production department, which would be at Antioch 25 in most cases. DEAN MOBURG & ASSOCIATES (206)622-3110 Pages 25 to 2i CRUM V. E. J. BARTELLS C O . , ET AL BRENT CROSBY 1 Q. Sir, I'm going to ask you some questions ^ now concerning the third page of the revised Exhibit 3 ' -tierstanding that counsel has a standing objection on je use of said exhibit. And I'm going to pass you or y /'m going to show on the easel a blow-up of the third 6 page of the revised Exhibit 3. And I'm just going to 7 ask you questions about a few of the individuals on 8 that document. " 9 Could you please identify for us the 10 individuals toward the top of page 3 of Exhibit 3? 11 A. Okay. This is Harlan Dupuis. 12 Q. And where was Hr. Dupuis' office located? 13 A. On the 24th floor of the kaiser Center. 14 Q. And now the next level. 15 A. Okay. This is George Kirk. He was more or 16 less the manager of research and development and 17 product quality. 18 Q. And how about Hr. Tillisch? 19 A. Oh, Paul Tillisch was product development. 20 He was more the scientist type guy. Paul right here. 21 Q. And how about H. L. Ueightman? 22 A. Howard Weightman was -- he was the 23 specialist on the formulation and production of 24 accessory products. 25 Q. And let me now ask you, sir, what are 31 1 production department, they had to pretty well know 2 how the product worked and -- 3 0. And did salesmen ever participate in any 4 demonstrations on the use and application of Kaiser 5 Gypsum accessory products? 6 A. Yes. 7 Q. And what were the occasions that sales 8 personnel would be required to participate in these 9 kind of demonstrations? 10 A. Well, as you're attempting to sell a 11 customer and to sell them on your product we'd donate 12 materials, specific amounts for them to try in the 13 taping and the finishing compounds and the acoustical 14 spray, K-spray, or in radiant heat when we did : 15 demonstrations of how it was applied, they would - 16 Q. And would Kaiser Gypsum salesmen ever'.have 17 to be present on job sites where Kaiser Gypsun 18 products were being used? 19 A. Yes, definitely. . 20 Q. And why was that, sir? 21 A. Well, you constantly monitored your 22 products, especially with a new customer, to make sure 23 that they were using them right, mixing them right and 24 so to get the best performance. So... 25 Q. I'm going to ask you some questions now. > . du cessory products or what were accessory products? 2 A. Well, accessory products is your taping and 3 finishing compounds, K-spray, radiant heat finishing. 4 Q. What was K-spray, sir? 5 A. K-spray is a simulated acoustic covering 6 they put on ceilings. It was formulated with, 7 basically, with joint compound. Styrofoam, which gave 8 you the little lumps. 9 Q. And what was radiant heat compound? 10 A. Well, in radiant heat when you installed 11 it, it was installed with a machine that ran on the 12 floor. And it had groovers up in the head of it, and 13 you'd run that along the ceiling, and as it would 14 groove the wallboard the radiant heat coil or cables 15 would go up and were embedded into the grooves. 16 They'd go for a certain size room and take a certain 17 number of feet of radiant heat cable to push heat to 18 heat the room. 19 Q. Sir, were the Kaiser Gypsum sales people 20 that you supervised responsible for knowing the use 21 and application of Kaiser. Gypsum accessory products? ' A. Absolutely. A Q.'J ..,/ A. And why was that, sir? . Well, if they had to monitor and write up 25 complaints and to call out the people from the 32 1 sir, about three of the accessory products that are at 2 issue in this case. The first category are joint and 3 finish compounds. ' 4 A. Well, joint and finish compound came in two 5 different ways. One was in a powder form, and they 6 were in separate bags. There was joint "hnd finishing 7 bags, 25-pound bags, and in the premix joirit and 8 finish came in five-gallon buckets. 9 ^ MR. PETTY: Object for the -- 10 A. Four pound boxes. 11 MR. BERGMAN: Object and move to strike the 12 response. There was no question pending. 13 Q. And can you tell us, sir, how the bagged 14 joint compound would be applied? 15 A. Well', normally what they do, they take a 16 25-pound bag of joint and finishing compound, put it 17 in a five-gallon bucket, stir it and slowly add water 18 until it became -- it's like making a cake. Until you 19 had a usable product, and that's when the salesmen 20 really had to be present when they first started using 21 it to make sure they didn't over water it or 22 under water it. 23 Q. what was the next step, sir, after the 24 joint compound or the finish compound had been mixed? 25 A. Well, with the powdered joint and finish Pages 29 to 32 DEAN MOBURG & ASSOCIATES (206)622-3110 n i fci m n m CRUM V. E. J. BARTELLS C O ., ET AL. BRENT CROSBY 1 compound it would be mixed in these five-gallon 33 2 buckets in the field, then taken from the five-gallon 3 buckets, put in a tray, and with a blade, a finishing 4 knife, or a taping knife, the applicator would scoop 5 it out, run it along the seams and the joints and they 6 would - 7 Q. What was the next step then? 8 A. They'd let it dry, and then they'd sand it 9 with -- usually with a stick sander. It was a long 10 pole with about a four-by-eight inch piece of 11 sandpaper attached to a blade on it, and they would 12 just sand the ceiling or sand the walls. 13 Q- Sir, can you tell me what, if anything, 14 would happen when the Kaiser Gypsum joint compound or 15 finish compound would be mixed in a bucket? 16 A. Well, you start out with a dry powder and 17 then, as I say, slowly add water and bring it up to 18 where it's in a soluble condition so it could be 19 handled and spread. 20 Q. Can you tell me whether or not any dust 21 would be created when that process was being 22 undertaken? 23 HR. PETTY: Object to form, leading 24 question. It's been asked and answered. 25 0- Let me rephrase the question, sir. What if 1 bag, and it would be dunped into a mixer, like a 33 2 cement mixer and watered and agitated until it gets to 3 a certain consistency, and then shot through a hose to 4 a gun. And the applicator would, through a lever, 5 would control the quantity of k-spray that would come 6 out the end of the gun. It would be pumped, pumped 7 from the tank through the hose and out the gun and 8 sprayed on the ceiling. 9 Q. And was any dust created during -- any time 10 during this process? 11 HR. PETTY: Object to the form of the 12 question, leading. 13 A. If there was dust it would probably be when 14 they were dumping it in the mixer. 15 Q. And finally, sir, if you could describe the 16 use and application of the radiant heat compound. 17 A. Okay. Radiant heat compound came in bags. 18 It was mixed pretty much the same as taping and 19 finishing compound. Then it was troweled on the 20 ceiling over these embedded cables that were put into 21 the ceiling, electric cables, and then to -- to unify 22 the ceiling without lumps or bumps they would sand it. 23 HR. PETTY: Just to interpose an objection, 24 this is not a product that was identified by Hr. Crum 25 or that's at issue in this case, at least on the 1 anything would occur when the bagged Kaiser Gypsum 3^ 2 joint compound would be poured into the bucket? 3 HR. PETTY: Object to form, leading. 4 A. Well, you'd open the 25-pound bag, slowly 5 pour it into the five-gal Ion bucket and then proceed 6 from there where I just mentioned, until you blended 7 it into a workable solution. 8 Q. Can you tell me whether or not any dust was 9 created by that process? 10 HR. PETTY: Same objection. This whole 11 line of questioning has become quite leading. 12 A. Well, there could be dust, yeah. When 13 you're handling a dry product, start stirring it 14 around or pouring it out of the bag, yeah, there could 15 be dust. 16 9- And sir, can you tell mewhether or not any 17 dust was created when dried joint compound was sanded? 18 HR. PETTY: Same objection, leading. 19 A. Yeah, definitely. 20 down in the air. Stuff would just float 21 0. Let me ask you now, sir, about the 22 application of K-spray, sir. How was K-spray mixed 23 and appli ed? 24 A. Well, K-spray was -- came in a larger 25 container, larger bag, I think, usually a 50-pound 1 current record. 36 2 Q. Well, let's .turn our attention now to Hr. 3 Crum, since it's been brought up and let me ask you, 4 sir, some questions about some of the work that Hr. 5 Crum did for Kaiser Gypsum. 6 A. Well, I hired John personally - 7 Q. I have to ask a question. 8 A. I thought you'd asked thequestion. 9 9. ` Well, I kind of introduced it. How did it 10 come to be that Hr. Crum -- do you know John Crum, 11 first of all? 12 A. Definitely. 13 Q. 14 A. 15 company. And how did you first meet Hr. Crun? As an applicant for a position with the Q. And approximately when was that, sir? A. Either 1964 or 1965. Q. And did you hire Hr. Crum? A. I recommended he be hired, yes. Q. And what did Hr. Crum do for Kaiser Gypsum? 21 What position was he hired for? 22 A. He was hired as a sales territory salesman 23 in the Reno area, which encompassed most of northern 24 Nevada and part of eastern California into the Lake 25 Tahoe area and Tahoe City. DEAN MOBURG & ASSOCIATES (206)622-3110 Pages 33 to 36 CRUM V. E. J. BARTELLS CO., ET AL. BRENT CROSBY 1 Q. And what were some of Hr. Crum's 37 1 compound. ^2 responsibilities as a salesman for ICaiser Gypsum? 2 Q. Sir, did you ever go to any job sites with A. Well, he sold a full product line. They're 3 Mr. Crum during the course of your supervision of his we C H dealer salesmen. That's your entry level 4 work? 5 as a dealer salesman. They sold wallboard, accessory 5 A. Yes. m 6 products, full product line, Firtex, which was ou.- 6 Q. And what job sites do you recallgoing to? 7 softboard material. Firtex is acoustical tile, 8 building boards, sheeting. ~ 7 A. Well, there was -- he had amyriadof jobs. 8 He had some commercial work in Reno, Nevada, which 9 Q. Well, let me now ask you specifically, did 9 means high rises or commercial type buildings, local 10 Mr. Crum sell Kaiser Gypsum joint compound? 10 taping and finishing contractors, again, dealers and 11 A. Definitely. 11 distributors. 12 Q. And did Mr. Crum sell Kaiser Gypsum finish 12 Q. And why was it - 13 compound? 13 MR. PETTY: Move to strike the 14 A. Yes. 14 nonresponsive. 15 Q. And did Mr. Crum sell Kaiser Gypsum 15 Q. Why would Mr. Crum or do you know why Mr. 16 K-spray? 16 Crum would go on to job sites where Kaiser Gypsun 17 A. Yes. 17 products were being used? 18 Q. And did Mr. Crun sell Kaiser Gypsum radiant 18 A. Well, we sold.under the basis of product 19 heat compound? 19 quality and service, and part of the service was to 20 A. Yes. 20 make sure that the field people that worked for the 21 MR. PETTY: Object to the form of the 22 question. 21 subcontractors handled the products in a precise 22 manner. 23 Q. Sir, what were some of Mr. Crum's 23 Q. And, sir, what were some of the major 24 responsibilities as a Kaiser Gypslid salesman? 24 commercial projects that Mr. Crum sold Kaiser Gypsum 25 A. Well, it was to create saLes through 25 products to, to the best of your recollection?*1234567890 ; 28 dealers or distributors or direct sales to Gypsun 2 drywall contractors, dealers and distributors. 3 Q, Did Mr. Crum have any responsibility to 4 conduct demonstrations of Kaiser Gypsum products? 5 A. Yes, as all Kaiser Gypsum 6 Q. And what were some of the 7 Crum demonstrated? salesmen did. products that Mr. 8 MR. PETTY: Object to the form of the 9 question. 10 Q. Do you know what kinds of products Mr. Crum 11 demonstrated? 12 A. 13 heat. Joint/f inishing compound, K-spray, radiant 14 MR. PETTY: Same objection, lacks 15 foundation. Go ahead. 16 Q. In the course of your duties, your 17 supervision of Mr. Crum, did you ever go out to his 18 sales area? 19 A. Yes. 20 Q. And did you ever participate in any 21 demonstrations with Mr. Crum? A. Yes. , y 0- And what kind of products did you u-'participate in demonstrating with Mr. Crum? 25 A. Taping and finishing and radiant heat ,, 40 1 MR. PETTY: Object to the form of the 2 question. Lacks foundation. 3 Q. Well, let me respond to that objection, 4 which was well taken. Was Mr. Crum -- would Mr. Crum 5 keep you apprised of his. sales activities? 6 A. Definitely. 7 Q. And was there competition for major 8 construction work in Reno? 9 A. Very strong. 10 Q- And when a major job would be awarded would 11 that be something that you would be notified of? 12 A. Yes. 13 Q. What were some of the major construction 14 projects that,you recall Kaiser Gypsum supplying 15 products to in'the Reno area? 16 MR. PETTY: Object to form. Calls for 17 hearsay. Go ahead. 18 A. Well, we had put all the board and 19 accessories on the MGM casino, and Harrah's casino, we 20 had jobs there. Harold's club, and a large volume to 21 residential. They would be all over the area, 22 wherever they were building a project, the tract. 23 Q. And did you personally visit any of those 24 job sites, sir? 25 A. Yes. Pages 37 to 40 DEAN MOBURG & ASSOCIATES (206)622-3110 _______ CROM V. E. J, BARTELLS CO . , !T AL._____ BRENT CROSBY_____________ 1 Q. And what job sites did you personally ^ 2 visit? 43 1 work on the houses that Mr. Crum constructed, if you 2 know? 3 A. Well, comnercial and the residential both. 3 HR. PETTY: Object to form of the question. 4 Q. Sir, was John Crum an effective salesman 4 Lacks foundation. 5 for Kaiser Gypsum products? 6 A. He was a very, very effective salesman. 5 A. Well, when he first got going John and his 6 son more or less did the hanging of the board, taping, 7 He was what in the trade you'd call a salesman's 8 salesman or a customer salesman. 7 texturing themselves, and then as he went on in the 8 business, built some bigger places, his own home for 9 Q. And in your experience and in your 9 example, he would hire that done by local contractors 10 supervision of Hr. Crum, what made him so effective? 10 that he knew. 11 A. Honesty, integrity, and he was just on the 12 job when he was supposed to be, fulfilled all our 11 Q. And sir, do you know what drywall products 12 Mr. Crum used when he was doing his own taping and 13 requirements of obtaining customers and the sale of 13 drywall work? 14 the products. 14 HR. PETTY: Object to the form of the 15 Q. Did Hr. Crum receive any awards from Kaiser 15 question. Lacks foundation. 16 Gypsum for his sales activities? 16 A. Well, he would use Gypsum wallboard, then 17 A. Well, this is an indication here 17 tape and texture and apply acoustics where necessary. 18 (indicating). 18 Q. And where would he get his supplies, if you 19 Q. That's -- you're pointing to Exhibit 2? 19 know? Let me ask you, do you know where he would get i1 20 A. Exhibit 2. That's when John was receiving 20 his supplies? j 21 the salesman of the year for district 2. 21 A. From one of his distributors. 22 Q. And were you present at the ceremony when 22 Q. And do you know what brand of drywall, 23 he was given this award? 23 joint compound and finish compound he used on these 24 A. Right. 24 houses? 25 Q. I now want to ask you some questions, sir. 25 A. Kaiser. 1 concerning some of the other work that Hr. Crum did 2 when he wasn't selling Kaiser Gypsum products. And I 3 guess my question to you, sir, is did Hr. Crum -- you 4 testified extensively that Hr. Crum sold Kaiser Gypsum 5 products. Do you know whether or not Hr. Crum used 6 Kaiser Gypsum products? 7 A. He used them personally. 8 Q. And how was that, sir? 9 A. Well, John built some spec houses in Washoe 10 Lake, Nevada, which is between Reno and Carson City. 11 HR. PETTY: Counsel, can I just interpose 12 an objection to lack of foundation.5243*091876 13 Q. Go ahead. 14 HR. PETTY: Go ahead. 15 A. It was done with my full knowledge, because 16 John was the type of guy that if he wanted to do some 17 work on one of these houses he'd be out there at 3:30, 18 4:00 in the morning and be ready to go to work on his 19 normal sales jobs normally by 8 , 8:30 in the morning, 20 work all day and then work evenings. 1 F i r s t of alt, how do you Know that Mr. Crum 22 constructed houses on the side? 23 A. Well, I visited most of his units when I'd 24 be up there working with him. 25 Q. And who would do the taping and drywall 44 1 HR. PETTY: Object to the form of the 2 question. lacks foundation. 3 Q. I'm sorry, sir, what was your answer? 4 A. 5 Q. 6 break? 7 A. 8 9 - 10 11 Q. Kaiser. Thank you. Do you want to take a short Yeah, I'd like to. THE VIDEOGRAPHER: Off the record at 11:23. (Recess.) THE VIDEOGRAPHER: On the record at 11:40. Mr. Crosby, at the time that John Crum was 12 working for you selling Kaiser Gypsum joint and finish 13 compounds, were you aware that those products 14 contained asbestos? 15 A. No. 16 Q. Did there come a time, sir, when you had 17 any concerns regarding potential asbestos content in 18 Kaiser Gypsum products? 19 A. Yes. 20 Q. Sir, can you describe approximately whert 21 that was that those concerns developed? 22 A. Probably the late '60s, '69 to '70, yeah. 23 Q. And can you describe what caused you to be 24 concerned about asbestos in Kaiser Gypsum products? 25 A. Well, we had customers and contractors and DEAN MOBURG & ASSOCIATES (206)622-3110 Pages 41 to 4 CRUM V. E. J. BARTELLS CO., ET AL BRENT CROSBY 1 applicators that asked us outright if we had asbestos ^ n our products, and I wasn't knowledgeable of any stos. i Q. J And what if anything did you do in response 5 to those customer inquiries? 6 A. I think in about 1970 I want to George 7 Kirk. 8 Q. And who was Mr. Kirk,"sir? 9 A. He was the administrator of manufacturing 10 in northern California, well, I think for the whole 11 company. but in our area. 12 Q. Did you speak to Mr. Kirk, sir? 13 A. I talked to George, and I said, George, I'm 14 getting questions from customers and do we have any 15 asbestos in our products. 16 Q. 17 sir? And where did this conversation take place, 18 A. In the Kaiser Center on the 24th floor. 19 Q. And approximately how far was Mr. Kirk's 20 office from Mr. Costa's office? 21 A. Well, probably 100, 150 feet. 22 Q. And what if anything did Mr. Kirk tell you 23 in response to your inquiries concerning the presence 24 of asbestos in kaiser Gypsum products? 2S-- MR. PETTY: Object to form, calls for 1 A. No, we don't have any accessories in our - 2 any asbestos in our accessories. 3 Q. After you were told by Mr. Kirk and Mr. 4 Raffaelli that there was no asbestos in Kaiser 5 Gypsum's products, what if anything did you do? 6 A. Well, at that point it was just about the 7 time we had a district sales meeting coming up. So at 8 the sales meeting question came to me from some of the 9 salesmen, do we have asbestos in our products, and I 10 said, to my knowledge, no. I checked with George Kirk 11 and with Al Raffaelli. 12 Q. What was the general reaction of your sales 13 staff upon learning that no asbestos was contained in 14 Kaiser Gypsum products? 15 MR. PETTY: Object to form. Can we try to 16 slow down the questions and then the answers. 17 MR. BERGMAN: I'll finish my question, 18 you'll object, then we'll go on. 19 MR. PETTY: Yes. 20 21 question. 22 Q. MR. BERGMAN: So let me tryagain with my What was the reaction of your sales staff 23 when you told them that there was no asbestos in 24 Kaiser Gypsum products? 25 MR. PETTY: Objection,calls forhearsay.1234567890 1 . ^rsay. 46 2 Q. What did Mr. Kirk tell you in response to 3 that inquiry? 4 MR. PETTY: Same objection. 5 A. We did not have asbestos in our products. 6 Q. I don't understand, sir. 7 A. In our accessory products. 8 Q. What did Mr. Kirk tell you? 9 A. When I asked him -- 10 MR. PETTY: Same objection. 11 A. I asked him if we had asbestos in our 12 products because we had had inquiries from our 13 customers, and he said no. So then I went to Al 14 Raffaelli who was the accessory specialist in the 15 manufacturing of accessories at Antioch and -- 16 0 . Where did that conversation take place? 17 A. At Antioch at his laboratory. 18 Q. And approximately when did that take place? 19 A. It was 1970, I think. 20 Q. And what did you say to Mr. Raffaelli? 21 A. I asked him, I said, Al, is there any hestos in our accessory products. 1 L. - \ a. 24 And what did Mr. Raffaelli say to you? MR. PETTY: Object to form, calls for 25 hearsay. 1 A. Relieved. 2 0. And why was that, sir, to the best of your 3 knowledge? 4 A. Well, because if you - 5 MR. PETTY: Objection, lacks foundation. 6 Calls for speculation. 7 A. If you had asbestos in your product it 8 would be negative towards sales, and... 9 . Did you have any discussions with John Crum 10 concerning presence of" asbestos in Kaiser Gypsum 11 products? 12 A. He attended the meetings, the meeting that 13 we discussed that. . 14 Q. And what if anything did you tell John Crum 15 concerning the presence of asbestos in Kaiser Gypsum 16 products? 17 A. That according to the research and 18 development department, the manufacturing, we did not 19 have accessory -- asbestos in our accessories. 20 Q. And what was John Crum's reaction upon 21 learning this information? 22 23 hearsay. MR. PETTY: Object to form. Calls for 24 A. Relief. 25 Q. Can you be a little more specific? Pages 45 to 48 DEAN MOBURG & ASSOCIATES (206)622-3110 1 HR. PETTY: Objection to the form. Calls 1 Q. Hr. Flicker was on the 24th floor? 2 for hearsay and speculation. 3 A. Relief insomuch as - 2 A. I think he was there and at Antioch. 3 Q. Now, if you could just go down the 4 Q. Let me rephrase the question for you, Mr. 4 individuals, we just have initials there, if you could i l 5 Crosby, and understanding that counsel has a standing 6 objection. What did Mr. Crum tell you after you told 5 tell us who they are and what they did for the 6 company, to the extent that you know. 7 him that there was no asbestos in Kaiser Gypsum 8 products? ~ 7 A. This is Robert Allgood. He was the plant 8 manager of the Antioch plant. And Caprye, I think he 9 A. Well, that he would go to his customers and 10 tell them that we did not have asbestos in our 11 products. 9 was involved with the Seattle plant. Jack Cassidy was 10 the manager of our Firtex plant in St. Helen's, Oregon 11 where we made softboard products. Chambers I think 12 Q- Mr-Crosby, I'm going to hand you what's 12 was back east. I think Dicks was back east. I don't 13 been marked as Plaintiff's Exhibit No. 4. And I'm 13 recognize this one. 14 going to put on the easel a blow-up of page 1 of 14 Q. That's Hr. Homan? 15 Exhibit 4. When was the first time, sir, that you saw 15 16 Exhibit 4, this document? 16 A. Mr. Homan. Q. Okay. 17 A - oh<1 think it was probably about three to 18 four months ago. 19 Q- And P^or to seeing Exhibit 4, did you have 20 any knowledge as to whether or not asbestos was 21 contained in Kaiser Gypsum products? 22 A. No. 23 Q- what was your -- prior to viewing Exhibit 4 24 what was your understanding as to whether or not 17 A. Hodaff i think was at St. Helens. 18 Orientan was -- he replaced Bob Allgood as the 19 of the Antioch plant. This one I don't recognize 20 (indicating). What's that, Tra-boo? 21 Q. Traub, 22 A - Traub, I think he was east coast. This is 23 Jim -- J. h . Walton (indicating). I don't really know 24 Walton. 25 asbestos was present in Kaiser Gypsum products? 2"* This is Richard Wibom (indicating). He 1 A. Well, as I had stated, the proper people ?n 2 my mind said we didn't, and so I took it at face 1 was -- what did Dick do? At that time in 1965 I don^t 2 know what Wiborn was attached to at that time. 3 value. This letter was shown to me by counsel from 4 San Francisco at my home in Walnut Creek. 3 And then this is Sam Witt (indicating). 4 Samuel Witt, he was the plant manager of the Long 5 Q. Sir, I'm going to ask you some questions 6 about Exhibit 4. And what I'd like you to do, sir, is 7 if you could stand and take the pointer, and I'm going 8 to ask you to identify the individuals identified in 5 Beach plant. Paul Franklin was vice-president of 6 production. George Kirk was our research director. 7 Q. And sir, was the George Kirk on Exhibit 4 8 -- excuse me -- yeah. Exhibit 4 -- the same George 9 that or named in that 1965 document starting with L* 10 R. Flicker on the right. 9 Kirk that you spoke to in 1970 - 10 A. Right. 11 HR- PETTY: Counsel, can I just clarify 11 Q - " who told you there was no asbestos in fti-i 12 what is Exhibit 4? Is it a one page that's up there 12 Kaiser Gypsum products? 13 on the chart or is it multiple pages? 13 A. Right. 11234567891023*4 HR. BERGMAN: The document on the -- the , HR. PETTY: Object to the form of the 15 chart is the first page of Exhibit 4. The exhibit for fsai 15 question. isa 16 purposes of this deposition is the entire.document. 16 Q. And how about J. C. Reilly, sir? 17 My inquiry is going to be restricted to the first 18 page. 17 A. J. C. Reilly, he was an attorney with the 18 corporation. L 19 MR. PETTY: Thank you. 19 Q. Where was Mr. Reilly's office located, sir? 20 Q- sir. fl>st of all, could you tell us who 21 L. R. Flicker is? 2^ A. On the 24th floor of the Kaiser Center.* 21 There was Ernie Schaper. Ernie Schaper was - he was 22 A ' Leonard Flicker, in my mind, was our safety 23 engineer. 22 the vice-president of production. Part of St. Helen's 23 plant, part of Seattle plant, the Antioch plant. 24 Q- And where did Mr. Flicker work? 24 Q - W e U . thank you, Mr. Reilly. Okay, Mr. 25 A- 0ut of the Kaiser Center on the 24th floor. 25 Crosby, you can sit down if you choose. I next want DEAN MOBURG & ASSOCIATES (206)622-3110 Pages 49 to 5 CRUM V. E. J. BARTELLS CO., ET AL BRENT CROSBY 1 to show you Exhibit 5. I just want to ask you to 2 identify a few of the people on Exhibit 5. Who is % C. Dupuis? A. Harlan Dupuis was more or less - idctarim'strative assistant to Bob Costa. 6 Q. And how about H. L. Weightman? 7 A. Howard was -- Howard Weightman was at the 8 Antioch plant as a research developer. Tom Smith was 9 a chemist that worked on formulation of Gypsum 10 products. 11 Q. And how about A. F. Raffaelli? 12 A. That's Al Raffaelli. He worked in the 13 research. 14 Q. And is that the same Al Raffaelli that you 15 had spoken to the year before? 16 A. Right, at the Antioch plant. 17 Q. Sir, I'd now like to ask you a few 18 questions about -- like to ask you some stuff about 19 just your general work at Kaiser Gypsum. Beginning at 20 the time you were a district sales representative, can 21 you tell me whether or not you would have been 22 considered in upper management? 23 A. Middle management. 24 Q. And while you were working in middle 25 management, did you have to interact with production 1 product quality and service. We'd talk about the 2 products, quality of the products, and the service 3 that we could give to the customer if he would buy our 4 products. 5 Q. If there had been a hazard associated with 6 a Kaiser Gypsum product, would that have been 7 something that you think you would have been 8 responsible for knowing about? 9 MR. PETTY: Object to form of the question. 10 A. I should have because we were getting 11 direct questions from our customers. 12 Q. Well, sir - 13 MR. PETTY: Object. Move to strike the 14 nonresponsive portions of the answer. 15 Q. -- I'm going to refer to Exhibit 6 , which 16 is Kaiser Gypsum's sworn answers to interrogatories in 17 the Pickner case, and I'm going to refer, I'm going to 18 read Kaiser Gypsum's sworn response under oath to 19 interrogatory No. 6 . Kaiser Gypsum states under oath 20 that "Beginning in 1972 Kaiser Gypsum affixed caution 21 labels to the packages and containers of its 22 asbestos-containing products. The warning label, as 23 prescribed by OSHA, read: 'CAUTION: Contains 24 asbestos fibers; avoid creating dust; breathing 25 asbestos dust may cause serious bodily harm.'" eople? ' 2 A. Yes. 3 Q. And was one of your jobs to be aware of 4 potential problems of Kaiser Gypsun products? 5 A. Yes. 6 . 7 Leading. 8 Q. MR. PETTY: Object to form of the question. And did you have any responsibility 9 concerning product defects? 10 A. Yes. 11 Q. 12 been? And what responsibility would that have 13 A. Well, if there was a product problem or 14 assumed problem by a contractor or a customer, it went 15 directly to the salesman. Then the salesman would 16 write what we call a customer problem report which 17 would be transmitted directly to my office. I'd 18 review it, initial it, and send it back to the plant 19 for an answer. . 20 Q. Did you also have any responsibility for 21 conmunieating product information to customers? A. Yes. A 0- And what was the nature of that . Asponsibility, sir? 25 A. Well, well, again, which was our theme, was 1 Mr. Crosby, between 1972 and 1978, were you 2 aware of any warnings on the containers of Kaiser 3 Gypsum asbestos products that breathing asbestos could 4 cause asbestosis? 5 MR. PETTY: Object to form of the question. 6 Lacks foundation. 7 A. Not that there was asbestos in our product. 8 Q. Are you aware of any warnings on Kaiser 9 Gypsum products that.breathing asbestos could cause 10 lung cancer? 11 MR. PETTY: Object to form. Lacks 12 foundation. 13 A. No. . 14 Q. Are you aware of any warnings on Kaiser 15 Gypsum product^ that breathing asbestos could cause 16 mesothelioma? 17 MR. PETTY: Same objection. 18 A. No. 19 Q.Sir, between 1972 and 1978, approximately 20 how many bags of Kaiser Gypsum product -- Kaiser 21 Gypsum joint or finish compound were sold by you or 22 under your supervision? 23 MR. PETTY: Object to the form. Lacks 24 foundation. . 25 A. I'd say approximately 250,000. Pages 53 to 56 DEAN MOBURG & ASSOCIATES (206)622-3110 < ' rr; La ;T;  t,:. ; ; i i l y f~j ; i 1 '{ CRUM V. E. J. BARTELLS CO., ET AL BRENT CROSBY 1 Q. And did you see a warning on any of those 2 bags of Kaiser Gypsum products? 3 HR. PETTY: Object to form. Lacks 4 foundation. 5 A. Not to my knowledge. 6 Q. Did you see a warning onany ofthe bags or 7 Kaiser Gypsum products that were sold under your 8 auspices that breathing asbestos could cause a hazard 9 to human health? 10 MR. PETTY: Same objection. 11 A. Not to my knowledge, or memory. 12 Q. Are you aware of any oral warnings that 13 were given to Kaiser -- given to any of your customers 14 concerning dangers associated with asbestos that was 15 contained in Kaiser Gypsum products? 16 A. No. ' 17 HR. PETTY: Object to form, lack of 18 foundation. 19 A. No. 20 Q. Sir, I'mhanding you what's been marked as 21 Exhibit 7. Sir, prior to this deposition, have you 22 ever seen the text of the warning contained in Exhibit 23 7? 24 A. Not to myknowledge. 25 Q. Are you aware of -- are you aware of any 59 1 of this case? 2 A. No. 3 Q. Are you testifying here pursuant to a 4 subpoena? 5 A. Yes. 6 Q. And other than reimbursement for your 7 transportation expenses, are you receiving any 8 compensation for your testimony here today? 9 A. No. 10 Q. Have you had any discussions with Kaiser 11 Gypsum's lawyers concerning your testimony in this 12 lawsuit? 13 A. Yes. 14 Q. And can you relate for us the time, the 15 place and the nature of those conversations? 16 A. Well -- 17 HR. PETTY: I'm going to object to the 18 extent it calls for hearsay. 19 Q. You can go aheadand answer. 20 A. I met with this gentleman right here first 21 at my house in Walnut Creek, California, talked to him 22 on the phone prior to that. Then at a later date, 23 which was about three weeks ago, I met with him and 24 his employer Gabrielle at my house in Walnut Creek. 25 Q. Was thatGabrielleJackson, sir? 1 discussions among senior Kaiser Gypsum management that 2 warnings needed to be placed on Kaiser Gypsum's 3 asbestos-containing products? 4 A. No, not to my knowledge. 5 Q. Sir, during the time that you worked for 6 Kaiser Gypsum, did you consider yourself to be a loyal 7 employee? 8 A. Absolutely. 9 HR. PETTY: Objection, leading. A 10 Q. And today, sir -- what was the feeling that 11 you had toward Kaiser Gypsum at the time that your 12 employment for that company came to the end? 13 A. Well, it was best company I ever worked 14 for. We were very upset that they sold the company to 15 Domtar of Canada. 16 Q. And as you look back over the years that 17 you spent with Kaiser Gypsum, the 18 years that you 18 spent with Kaiser Gypsum, how do you feel about that 19 portion of your life? 20 MR. PETTY: Object to form. 21 A. Very good. 22 Q. Are you a party to this lawsuit, sir, John 23 Crum's lawsuit? 24 A. No. 25 Q. And do you have any interest in the outcome 60 1 A. Yes. 2 Q. And what did Kaiser Gypsum's attorney say 3 to you during the course of that meeting at your home 4 approximately three weeks ago? 5 6 hearsay. HR. PETTY: Object to form. Calls for 7 A. Pretty much the same questions I've been 8 asked today. Gave the same answers. 9 HR. PETTY: Object and move to strike the 10 nonresponsive portions of his answer. . 11 Q. Did you have any discussions with Kaiser 12 Gypsum's -- did Kaiser Gypsum's lawyer mention 13 anything to you concerning your loyalty to the 14 company? 15 HR. PETTY: Object to form. Leading, calls 16 for hearsay. 17 A. Well, he asked me if I was a dedicated 18 employee, enjoyed my employment, which I answered both 19 positively. 20 Q. Artd do you still feel that today, sir? ' 21 A. Absolutely. 22 HR. BERGMAN: Those are the only questions 23 that I have. 24 HR. PETTY: You're resting your direct 25 examination? DEAN MOBURG & ASSOCIATES (206)622-3110 Pages 57 to 6 CRUM V. E. J. BARTELLS CO., ET AL. BRENT CROSBY 1 HR. BERGMAN: For now. 61 ^ MR. PETTY: Well, it's either you are or nu're not. Does this complete your direction I } yamination videotape of Mr. Crosby? o * MR. BERGMAN: Yes, it does. 6 HR. PETTY: At this time we'll take a lunch 7 break and come back at what, 1:30, 1:15? 8 MR. BERGMAN: 1:15. " 9 MR. PETTY: Fine. 10 THE VIDEOGRAPHER: Off therecord at12:03. 11 (Recess.) 12 MR. PETTY: This is Ken Petty for Kaiser 13 Gypsum Company. Before we resumed, earlier today I 14 talked to Mr. Bergman about a bit of a dilemma we're 15 in. We have pending discovery interrogatories to the 16 plaintiffs which have not been supplemented. Much of 17 the information that I've heard here today for the 18 first time is information I believe we were entitled 19 to in supplemental discovery responses. Much of it is 20 also at odds with historical information that is not 21 currently at my disposal, and as a result I'm not in a 22 position to proceed at this moment with Mr. Crosby's 23 videotaped perpetuation deposition. 24 I raised this with Mr. Bergman. It would 25 be our position that we will proceed with our 63 1 MR. BERGMAN: Plaintiffs take the position 2 that this deposition has been noted for three weeks. 3 There have been numerous discussions as to the time of 4 this deposition. This deposition was rescheduled 5 several times to accommodate the schedule of defense 6 counsel. Ue will take the position that Kaiser Gypsun 7 has waived any cross-examination that they may choose 8 to take or they may have had the opportunity to take 9 in this deposition, and that will be our position. 10 MR. PETTY: And that is of course a 11 different position than you conveyed to me in our 12 discussions before we came in here. 13 MR. BERGMAN: I conveyed to you that you 14 should go as far as you can and we'd see where things 15 ended up. I didn't realize that you were going to not 16 do anything today, and I felt like at the conclusion 17 of a cross-examination today, as this is no different 18 than any other deposition in any other case, we could 19 at that point better assess where we'd go from here, 20 but we are obviously of different opinions at this 21 juncture. 22 MR. PETTY: At this point I want the record 23 to reflect the language verbatim in plaintiff's 24 amended notice of videotaped deposition for Mr. 25 Crosby. It states in part, "The said videotaped*1234567890 'L . . 62 Ideotaped cross-examination at a future date and time 2 to be agreed upon. And is that more or less what we '3 discussed, Mr. Bergman, and agreeable to you? 4 MR. BERGMAN: Well, I had understood that 5 you were going to proceed this afternoon as far as you 6 are able, and at that point we would address the issue 7 as to what additional examination would be necessary. 8 MR. PETTY: What I conveyed to you is that 9 that was a possibility. Since this is a videotaped 10 deposition and will in fact serve as our trial record, 11 I think any trial lawyer would not proceed without 12 being prepared to do the full examination and have 13 whatever documents or depo transcripts or affidavits 14 might be necessary to conduct that examination. If I 15 were to proceed today more or less treating this as a 16 discovery deposition then you're putting me in a 17 position where at trial I may have to cut and paste 18 pieces of the video together. Just as you had the 19 opportunity to present your trial examination of Mr. 20 Crosby in a continuous organized fashion the way you 21 chose, I would like to have that same choice myself in "*2 the presentation of his examination. : * V So with that we will reserve our right to <_ ,a*ake the -- to complete the deposition of Mr. Crosby 25 at a later time. 64 1 deposition to be subject to continuance or adjournment 2 from time to time or place to place until completed." 3 Nowhere in this notice does it say there was any 4 necessity that this deposition be completed today or 5 that it be completed here in Seattle. 6 In addition, if you wish I can make a 7 record and append to the stenographic record the 8 discovery responses that we have received from 9 plaintiff. I think l would like to do that if you 10 have a copy. Ask the' court reporter to mark this as 11 Kaiser Gypsum 1. 12 (Marked Deposition Exhibit Kaiser Gypsum 13 1.) . 14 MR. PETTY:' And for the record the document 15 that's been marked as Kaiser Gypsum Exhibit 1 is a 16 copy of the set of interrogatories and requests for 17 production propounded by Kaiser Gypsun to th 18 plaintiffs in this case including the plaintiff's 19 answers and responses thereto as signed by Mr. Crisn on 20 November 6, 1998 at his home in or outside of Reno, 21 Nevada. 22 In particular, interrogatory No. 10 23 requests plaintiff to set forth each and every fact 24 upon which plaintiffs intend to rely in establishing 25 each alleged theory of liability against Kaiser Pages 61 to 64 DEAN MOBURG & ASSOCIATES (206)622-3110 CRUM V. E. J. BARTELLS C O., ET AL BRENT CROSBY 65 1 Gypsum. Plaintiffs have listed their theories of 2 liability. However, interrogatory Ho. 11 asks for the 3 identity and the current business/residence address, 4 phone number of each witness you intend to call at 5 trial to establish your alleged theories of liability 6 against Kaiser Gypsum and request a description of 7 what each witness will testify to. 8 The response provided on November 6 , which 9 has never been supplemented, simply states, 10 "Plaintiffs have not yet selected their trial 11 witnesses. All witnesses will be disclosed in 12 plaintiff's 105 day designation." And of course 13 that's not been filed yet since it's not due, I think, 14 until April, something of that nature. That would be 15 our record. 16 May I also take this opportunity to issue a 17 subpoena to Mr. Crosby for the completion of his 18 deposition. 19 THE WITNESS: I don't want it. 20 MR. PETTY: And sir, that is a subpoena 21 issued to you for your attendance to complete this 22 deposition. I assume that we can work with counsel to 23 reach an agreement if the date doesn't work or the 24 place doesn't work. Ue have always been able to reach 25 agreements to accommodate the needs of the attorneys 67 1 AFFIDAVIT 2 3 STATE OF WASHINGTON ) 4 ) ss. 5 COUNTY OF KING ) 6 7 I have read my within deposition, and the 8 same is true and accurate, save and except for changes 9 and/or corrections, if any, as indicated by me on the 10 correction sheet hereof. 11 12 13 BRENTW000 CROSBY 14 15 16 SUBSCRIBED AND SWORN to before me this 17 day of________________ , 1999. 18 19 20 21 22 Notary Public in and for the State 23 of Washington, residing at_____________ . 24 251234567890 1 and , of our respective witnesses. 66 2 MR. WEBB: What date do you have right now, 3 Ken? A MR. PETTY: Nominally I picked the date of 5 March 10th here at my offices at 10 a.m., and I will 6 also give Mr. Crosby a copy of the notice of the 7 completion of his deposition for that time and place. 8 And Mr. Bergman, I'll - 9 MR. BERGMAN: Thank you, Ken. ,, 10 MR. PETTY: For the record I'd like marked 11 as Kaiser Gypsum Exhibit No. 2 the subpoena and the 12 deposition notice for the continuation and completion 13 of this deposition. 14 (Marked Deposition Exhibit Kaiser Gypsum 2.) 15 (Deposition adjourned at 1:30 p.m.) 16 17 18 19 20 21 22 23 24 25 68 1 CERTIFICATE 2 3 STATE OF WASHINGTON > 4 ) ss. 5 COUNTY OF KING ) 6 7 I, the undersigned Notary Public in and for the 8 State of Washington, do hereby certify: 9 -That the annexed and foregoing deposition of each 10 witness named herein was taken stenographically before 11 me and reduced to typewriting under my direction; 12 I further certify that the deposition was 13 submitted to each said witness for examination, reading 14 and signature after the same was transcribed, unless 15 indicated in the record that the parties and each 16 witness waive the signing; 17 I further certify that all objections made at the 18 time of said examination to my qualifications or the 19 manner of taking the deposition, or to the conduct of 20 any party, have been noted by me upon said deposition; 21 I further certify that I am not a relative or 22 employee or attorney or counsel of any of the parties 23 to said action, or a relative or employee of any such 24 attorney or counsel; 25 I further testify that I am not in any way DEAN MOBURG & ASSOCIATES (206)622-3110 Pages 65 to 6 CRUM v. E. J. BARTELLS CO., ET AL 1 financially interested in the said action or the outcome 2 thereof; ^ I further certify that each witness before jtrnination was by me duly sworn to testify the truth, b the whole truth and nothing but the truth; 6 I further certify that the deposition, as 7 transcribed, is a full, true and correct transcript of 8 the testimony, including questions and answers, and all 9 objections, motions, and exceptions of counsel made and 10 taken at the time of the foregoing examination. 11 12 IN WITNESS WHEREOF, I have hereunto set nr 13 hand and affixed my official seal this______ day of 14 , 1999. 15 16 17 18 19 20 CHERYL MACDONALD 21 Notary Public in and for 22 the State of Washington, 23 residing at Seattle. 24 J2 BRENT CROSBY Pages 69 to 69 DEAN MOBURG & ASSOCIATES (206)622-3110 y .->1 : >i Li i. j a P 3"-. CRUM I 3:7, 3:9, 4:1, 11:8 25:19, ' 49:1, 64:11, 64:131 64:15 . 10 64:2, 66:5 100 45:21 105 65:12 10:20 1:14 10:22 4:18 10:49 23:9 10:53 23:11, 23:20 10th 66:5 II 65:2 11:23 44:8 11:40 44:10 1201 1:16, 2:4, 2:8. 4:12 12:0$ 61:10 14 10:1 1420 2:17 145 10:21 150 45:21 15th 2:24 16 10:1 18 58:17 19 1:15, 4:18 1944 7:? 1952 6:20 1954 6:20 1959 8:15 1960 8:17, 8:20, 8:25.9:1, 10: 1$, 10: 22, 20:24 1962 9:8 1963 9:18 1964 36:17 1965 9:18, 9:20, 25:8, 26:16, 27:3' 36:17 50:9l 52:1 1970 15:7. 24:22, 2$:8, 45:6, 46:19 52:9' ' 1972 24:22, 26:16, 55:20, 56:1, 56:19 1978 :21, 8:25, 56:1. 56:19 1989 8:23 1998 64:20 1999 1:15. 4:18, 67:17, 6$:14 1:15 61:7, 61:8 1:30 61:7^ 66:15 2 3:10, 12:15, 12:15 12:17 13:24 26:1, 26:2, 26:3. 26:61 26:25, 41:1$, 41:20, 41:21 66:11 66:14 20 10:13, 10:14 206-233-1306 4:4 21 3:8 2127 4:3 2200 2 :8 , 2:1 1 24th 11:17, 11:18, 15:15, 15:18 19:25 20:2. 29:13, 45:10, 50:25, 51:1, 52:20 25-pound 32:7, 32:16, 34:4 250,000 56:25 25tfi 11:17, 15:13 28 20:8 3 15:24, 16:10, 19:21, 22:20, 23:14 23:18, 23:23 24:11 26:10 29:2, 29:6, 29:10; 29:10 30 22:5 305 4:3 3:30 42:17 4 3:7, 15:25, 15:25, 49:13, V. 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BRENT CROSBY " W l b , 4y:16, administrator assess 65: ly ^5-V." 19:21,---- 45:9 assistant 17:7, 23:21, 29:5 affidavits 62:13 19:10, 25:13, 49:14 52:71 `will0 55:2' 25-14 27-5 53:5 ' '3' board 40:18, 43:6 boards 37:8 4100 2:17. 2:20 425-391-609 4:8 afternoon 62:5 against 64:25, assistants 20:14 associated Bob 12:3. 12:19, 46 7:7 17:5, 1$:11, ' 4:00 42:18 agitated 35:2 m i 55:5' 22:6 l 26:201 26:2?, 26:23, agreeable 62:3 assume 14:23, 51:181 53:5 agreed 62:2 bodily 55:25 `Ms i # 53:4, 13:24, agreement 65:23 Boltz 26:22 53:11 53:2 ' s s n s s j f 25 28:5, 54:14 attached 33:11, born 6:4 Boulevard 4:7 50-gound 34:25 38:15, 40:17, boxes 32:10 00*2:5 59:19' attempting 31:10 attend 22:1 branch 7:1 brand 43:22 5511 2:14 attendance 65:21 break 23:8, 580 2:23 a26ri^'27i23* attended 48:12 44:6, 61:? 46:13, 46:21, attention 22:19, breatnina 55:24, m i 53:12: 36:2 attorney 2:7, 56:3. 56:9. 56:1$, 57:8 6 55:15, 55:19, 2:10, 2:13/ Brent 4:10 64:20, 65:8 1:23; fill?, 600 2:11 Albuquerque 25:22 Brentwood 1:12, 601 2:20 Alessandri 26:1, I?:l3 5:23' 60s 44:22 m k 68:22' bring 33:17 64 3:9, 11:5 66 3:10 alleged 64:25, attorneys 2:4, brought 36:3 69 44:22 AUood 51:7, 4:19, 65:25 audio/video 4:9 Brown 26:17 bucket 32:17, amended 63:24 auspices 57:8 Automatic 8:11 g:15. 7 3:7, 4:1, America 8:12 American 2:16, available 21:23 Avenue 1:16, 57:21, 57 23 70 44:2 5:7 among 23:15, 58:1 2:4. 2:8. 2:11, 2:U, 2:17, ' building 11:6, 20:24, 21:161 700 2:14 amounts 31:12 4:3,4:12 37:8/40:22 8 and/or 67:9 annexed 68:9 average 10:14, 12:25, 18:10' buildings 39:9 built 20:7, 8 3:8. 21:22, answered 33:24, 60:18 avoid 55:24 award 41:23 42:9. 43:8 bulk 13:18 answers 47:16, awarded 40:10 bumps 35:22 ? } $ 22:'- 8:30 42:19 55:16, 60:8, 64:191 69:8' awards 41:15 Burns 2:16, 5:6, Antioch 28:24, B business/residen 46:15, 46:171 65:3 90-day 22:5 51:2. 51:8. 51:1$, 52:23, background 20:4 bag 13:22, 94104 2:24 950 4:6 53:8/53:16 ' Apologize 23:16 32:16, 34:4, 34:141 34:25, cable 30:17 98-2-24915-3 4:15 APPEARANCES 2:1 35:1 cables 30:14, 98-2-24915-3SEA 1:6 append 64:7 applicant 36:14 35:20, 35:21 98027 4:7 application cake 32:18 California 2:23, 98101 2:5, 2:18, 2:21 28:20, 30:21, 31-4 34-2? 1l?75ijt:,?2:7- 2:24, 5:25, 98104 2:15 35=16 22' 57:21 8:16l 9:12 9:20l 10:7l 98121 2:12, 4:4 98401 2:9 agglicator 33:4, Bakersfield 25:22. 26:21 10:21, 25:21, 26:3/ 26:18, applicators 45:1 Bartel Is 1:7, 28:3 28:5/ applied 31:15, 2:13, 4:14/5:5 36:24, 45:10, 32:14, 34:23 basically 7:10, a.m 1:14, 4:19, 23:12, 6:5 ' able 62:6, 65:24 apply 43:17 apprised 40:5 11:17. 19:25/ 20:7. !6 :lS . 202:72,3z,i , campaigns 7:11, Canada 58:15 3K tH !!v Absolutely cancer 56:10 11:23, 24:16, 15:2! ZUi. battles 7:17 Caprye 51:8 21:17, 22:4, Bay 9:8, 9:11, caption 4:12 IBiif' 58:8- Silt: Hi? : accessories 27:25 ' career 8:3. 17:25 40:19, 46:15, |6:19, 56:25: Beach 52:5 became 12:4, Carson 42:10 case 4:13, 4:14, 47-1 47-2 48:1$ ' April 65:14 14:12, 32:18 become 34t11 32:2, 35:25, accessory 29:24, 30:1, 30:1, ' architects 9:6 architectural begin 5:IS Beginning 53:19, 55:1?, 59:1' 63:181 64:18 cases 28:25 30:2 30:21, 9:2, 9:3 casino 40:19, areas 14:21, behalf 4:17, 40:19 U! ; li:?: 14:24 ' 5:2, 14:6 Cassidy 51:9 Arizona 26:20 Bergman 2:3, category 32:2 accontnodate armed 8:4 Army 7:3 3:4. 4:11/ 4:21, 4:21, cause 12:10, 28:16, 55:25, 63:5, 65:25 according 48:17 art 20:5 asbestos 44:14, 5:19; 17:1; 18:1 23:1' 56:4/56:9. 56:1$, 57:8 accurate 67:8 acoustic 30:5 acoustical 44:17, 44:24,' 45:1.'45:3. 45:1$, 45:24, 23:7' 23:13, 23:1$, 24:16, 24:21 25:1/ caused 44:23 caution 55:20, 55:23 31:13, 37:7 46:5. 46:11, 32:11; 47:1?, CCR 1:24, 2:7; acoustics 43:17 action 68:23, 46:2?, 47:2 47:4. 47:9. 47:20 50:14 5:10 6$:1 47:13, 47:23, S!!2-6i!i/ " ilis? !;J? activities 40:5, 48:7/48:10/ 41:16 48:15, 48:1$, 35:2'- add 32:17, 33:17 addition 64:6 49:7, 49:10. 49:20, 49:25, 63:1,' 63:13, 66:8 l 66:9 ceilings 30:6 cement 13:15, additional 62:7 address 4 :3 , 52:11 55:24 55:25 56:3, best 15:6. 31:24, 3$:25, 13:16, 13:16, 13:22 13:23 27:21, 62:, 65:3 56:3, 56:7, 56:9 56:1$, 48:2, 58:13 13:24 14:2/ adequate 24:18 57:81 57:14 better 63:19 bigger 43:8 14:12 14:2 , 14:23,' 14:24 adjourned 66:15 adjournment 64:1 asbestos-contain 55:22, 58:3 bit 12:12, 61:14 blade 33:3, 33:11 14:251 15:221 administrative 17:5, 17:7, asbestos is 56:4 Asimos 26:19 blended 34:6 center 10:22, 20:li, 25:13, 25:14 53:5 asking 16:20 asks 65:2 B17:?2t 17:1' blow-up 12:15, 10:23, 11:3 11:4, 11:10 11:1$, 15:1 , DEAN MOBURG & ASSOCIATES (206)622-3110 si:20' 5:25' 27:1$,H$:(3, Central 9:21 ceremony 41:22 certain 30:16, 30:16, 35:3 ' Certainly 14:10 certify 68:121 6688::81?,, 69:|1* 69:3' Chambers 51:11 changes 67:8 charge 12:1, 18:8, 19:2' Charlie 26:10, 27:19, 27:25 chart 16:4, 16:24, 23:5, 50:13, 50:1$ Chavez 19:1? checked 47:10 chemist 53:9 Cheryl 1:24, 2:13, 5:4, 69:20 choice 62:21 choose 52:25, 63:7 chose 62:21 circulating 23:15 circumstances 28:15 City 9:22, 36:25, 42:10 clarification 20:21 clarify 50:11 Claude 12:2, 20:25 clients 14:7 Close 10:13 closely 14:12, 16:18 CO 2:13 coast 13:19, 51:22 ' coil 30:14 College 6:12 coming 47:7 commercial 39:8, 39:9, 39:24, 41:3 common 15:19 communicating 54:21 companies 11 :6 company 1:7, 4:14, 5:1,5:3, 88:: 19/,8:81:4212, 91:02:41'$, 101:11:11,, 11:221 11:251 12;1, 13:8, ' 13:10, 14:23, 15:221 25:4, 25:171 25:1?, 36:151 45:11 51:6, 58:12/ 58:1$, 58:U, 60:141 61:13 condensation 59:8 competition 40:7 complaints 30:25 complete 61:3, 62:24, 65:21 completed 64:2, 64:4, 64:5 completion 65Tl7, 66:7, 66:12 Complying 21:19 compound 30:7, 30:9, 32:4, ' 32:U, 32:16, 32:241 32:241 33:1,'33:14,' 33:1$, 34:2 34:17,' 35:1, 35:171 35:191 37:10, 37:131 37:19 38:12,' 39:1,#A 3 :2 3 .' 43:23. 56:21 compounds 30:3, & ] ! 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BARTELLS C O., ET AL BRENT CROSBY -- 50:13---------concerns 44:17, 44:21 crescent U:/ Crosby 1:12, 72:24, 63:2, 63:4/63:4, 63:9 63:10, 34:8, 34:12, 34:15, 34:1?, 35:9,35:13, Gamba 2 :22, 5:2, Gardner 2:10, conclusion 63:16 iS2 condition 33:18 63:24, 64:1 55:24, 55:25 face 50:2 5:8, 5:8 .^v'nduct 38:4, 23! 14,' 64:4, 64:12! 65:18, 65:27, duties 9:5, 17:8, 28:1l, Fairchild 5:23 family 6:14 gave 30:7, 60:8 general 12:4, 14, 68:1$ (er 15:15 jerence 24:4/ 25:2, ' 44:11, 49:5, 49:12! 52:25, 66:7, 66:12, 66:1$, 66:14, 66:15 67:7/ 38:1$ ' E fashion 62:20 feel 58:18, 60:20 feeling 58:10 13:20, 16:2 16:6/16:17 21:2, 21:5, 710, 20:13, 0:18; 21:25) 56:1, 61:4, ' 62:26, 62:74, 68:9, 68:12! 6B:1$, 68:26, earlier 61:13 fella 12:18, 25:2! 47:l7, 22:2 63:25!-65:17 69:6 easel 12:16, 12:19 felt 63:16 53:1$ entleman 59:20 consider 58:6 g considered 53:22 66:6 , 67:13 Crosby's 61:22 describe 14:16, 35:15, 44:20, 23:22, 29:5, 49:14 FIBERGLAS 2:10 fibers 55:24 eorge 19:5, 21:11, 29:15, consistency 35:3 cross-examinatio 44:23 * east 9:8, 9:11, field 33:2, 39:20 45:6. 45:13, constantly 31:21 constructed 63:1 T" 63:?' - description 65:6 designation 65:12 Fifth 2:14' 2:17 45:13, 47:16, 42:22, 43:1 Crowle 18:14, designers 9:6 filed 65:13 finally 19:17, 52:6/52:7, $2:8 Georgia 27:5 construction I l i S - S" 's- 40:8, 40:13 18:15, 20:16 Crum 1:4, 1:4, developed 44:21 developer 53:8 eastern 28:2, 35:1$ 26:9' gets 35:2 given 41:23, contacted 8:15 4:13, 4:13, development 36:24 ' financially 69:1 57:13, 57:13 contained 44:14, 47:13, 49:21, 12:26, 12:73, 35:24! 36:3, 18:25" 19:3, 22:24 22:25, Ed 27:2 education 6:10 fine 17:2, golf 17:12, 13:6 Gordon 26:17, _ tiiP- *=' 57:15; 57:22 36:5,36:10! 28:10 28:13! effective 41:4, Grace 2:16, 5:7 container 34:25 containers 36:16 , 36:1$, 36:18! 36:20 28:17 29:16 29:19! 48:18 41:6, 41:10 efforts 25:17 finish 21:4, 32:3, 32:4 Grand 10:21 greater 26:21, 55:21, 56:2 37:10! 37:12 diagram 20:2 , either 36:17, 32:8! 32:24, 27:1 Contains 55:23 37:15! 37:18 21:22, 23:21, 61:2 ' 32:25, 33:15, groove 30:14 content 44:17 38:3, 38:7. 25*3 electric 35:21 37:12 43:23 groovers 30:12 continuance 64:1 38:16, 38:17, Dick 27:1, 52:1 elicit 21:5 44:12 47:17 grooves 30:15 continuation 38:21 38:24 Dicks 51:12 embedded 30:15, 56:21 grow 6:3 m 66:12 39:3, 39:15, didn't 23:2, 35:20 finished 8 :8 guess 42:3 continuing 39:1$, 39:24, 32:21, 50:7, employee 58:7, finishing 30:3, gun 35:4, 35:6, 16:23, 17:1 40:4, 40:4, 63:15 30:3, 31:13, 35:7 111!' 68:22' continuous 62:20 41:4' 41:l6, Diego 26:19 32:6 32:16 guys 14:25 contractor 8 :6 , 41:15, 42:1 di lemma 61:14 employer 59:24 33:3! 35:19! 8:15, 54:14 42:3, 42:4. direct 38:1, employment 38:25, 39:l6 2 T 3 f i O ? ' 5 : 1 . contractors 42:5 42:21, 55:11, 60:74 14:13, 58:12, Firtex 37:6, 5:3! 8:16! 9:14. 38:2, 43:1! 43:12 direction 18:21, 60:18 37:7, 51:16 8:10, 8 :26, 39:16, 43:$, 44;11, 48:9 61:3, 68:11 encompassed Firwood 4:7 8 :2 2 8:25 44:25 48:t4j 49:6 directly 26:22, five 13:22 9:7, 9:11, control 35:5 64:19 54:15, 54:17 five-gallon 9:1$, 9:1?, controller 17:18 Crun's 37:1, director 52:6 32:8, 32:17, 9:23! 10:3! S53^;i>26:2 conversation 37:23, 48:70, discharged 8:3 33:1! 33:2/34:5 10: 11, 10: 16, 45:16, 46:16 58:23 disclosed 65:11 engineer 50:23 Flicker 50:10, 11:16! 11:22 conversations current 4:18, discovery 61:15, enjoyed 60:18 50:21, 50:22 12:1,12:3, 59:15 36:1, 65:3 61:19, 62:16, entire 50:16 50:24! 51:1 12:6! 13:8! conveyed 62:8, currently 61:21 64:8 entirely 23:17 float 4:19 13:10, 13:71, 63:11, 63:13 customer 28:22, discussed 48:13, entitled 22:70, floor 2:24, 14:2, 14:11, copies 21:23 31:11, 31:22, 62:3 22:22, 61:18 11:17, 11:18, 14:2$, 15:1 - corner 20:9, 41:8, 45:5, discussions entity 13:11 11:19! 15:12 15:10! 16:16, "'0:25 54:14, 54:16, 48:9, 58:1, entry 37:4 15:13! 15:15 17:9, 17:13, (ling 2:10, 5:9 55:3 59:10, 60:11, equipment 4:10 15:18 19:25 17:23, 18:3, ^orati on customers 41:13, 63:3,63:12 Ernie 19:13, 20:2, 20:8 . 18:7, 18:24 ]1, 52:18 44:25, 45:14, disposal 61:21 52:21, 52:71 29:1$, 30:12, 25:4! 27:8/ . ps 7:4, 7:6 46:13! 49:9, distributed 13:17 Eshelman 16:20, 45:18! 50:25! 28:10, 30:19, correct 23:7, 54:21! 55:11, distributors 17:4 51:1, 52:20 30:21 ! 31:5, 69:7 57:13 9:14, 38:1, especially 31:22 floors 20 :8 31:16 31:1?, corrected 23:15 cut 62:17 establish 65:5 Florida 27:5 . 33:14! 34:1, Silt " ' correction establishing followed 8:3 36:5, 36:20 27:18, 67:10 district 9:20, 64:24 follows 5:14 37:2! 37:10! corrections 67:9 9:23, 10:3, et 1:7, 4:14 force 25:4 37:17, 37:1$, Costa 12:3. dangers 57:14 15:9! 27:3! evenings 42:20 forces 8:4 37:18! 37:24 12:3. 12:7, date 4:17, 27:4! 27:23, examination foregoing 68:9, 38:1,38:4, ' 12:16, 12:19, 25:23, 5$:22, 27:25, 28:1! 1:10, 3:3, 38:5! 39:16, 12:19 12:22 62:1, 65:23, 28:2, 28:11! 16:24, 60:25, formulated 30:6 39:26, 40:1$, 12:23 13:1, 66:2! 66:4 41:21, 47:7! 61:4, 62:7. formulation 41:5,41:16, 13:6, 16:13 day-to-day 14:1 53:20 ' 62:17, 62:14, 29:23, 53:9 42:2! 42:4, 17:5 19:11 dealer 37:4, 37:5 districts 18:9 62:19, 62:22! forth 74:1, 42:6! 43:16, 20:9 20:25 dealers 9:13, divided 25:18 68:13, 68:18! 24:11, 64:23 44:1?, 44:1$, 21:1 22:6, 53:5 38:1, 38:2, division 15:1, 69:4,69:10 foundation 15:5, 44:24! 45:24! Costa's 16:15, 39:10 15:21 example 43:9 24:18, 24:24, 47:14! 47:24, 45:20 decide 14:7 divisions 16:19 except 67:8 38:15 40:2, 48:10! 48:15, counsel 20:20, dedicated 60:17 document 16:12, exceptions 69:9 42:12! 43:4 49:7, 49:21, 21:22, 22:23! defects 54:9 23:18, 24:1, excuse 6:20, 52:8 43:15! 44:2! 49:2$, 52:1?, 23:5, 23:16. defendant 4:25 24:17! 25:10, exhibit 3:7 48:5, 56:6, 53:9, 53:19, 24:li, 24:27, 24:23 29:3, Defendants 1:8, 2:7 29:8, 49:16, 50:9! 50:14 3:8. 11:8, 12:15, 12:15, 56:17, 56:74, 57:4, 57:18 54:4! 55:6,' 55:1$, 55:?0, 42:11 49:5! 50:3, 50:11! defense 23:16, 63:5 50:l6, 64:14 documents 62:13 12:17 15:24 15:25 16:10! four-by-eight 33:10 56:3/56:9, 56:1$, 56:?0, 63:6! 65:22! definitely 19:1, doesn't 65:23, 19:21 21:22 frame 7:8, 56:21 ! 57:2, 68:27, 68:24, 21:13, 22:3, 65:24 21:24 21:25 20:21, 2i:5, 57:7, 57:15 69:9 22:12! 31:1$, Domtar 8:21. 22:20 23:14 24:19! 25:2 58:1 ! 58:6/ COUNTY 1:2, 34:19! 36:12! 8 :22, 58:15 23:18 23:23 Francisco 2:24, 58:l1, 58:17, 67:5, 68:5 37:1 IJ 40:6 donate 31:11 24:11 29:2, 50:4 58:18! 61:13! couple 1:4 course 11:20, demonstrated 38:7, 38:11 Donovan 25:19 Doug 28:4 29:4, 29:6, 29:10, 41:19, Frank 25:12 Franklin 19:15, 63:6, 64:11, 64:1?, 64:1$, 12:5, 14:13 demonstrating drawn 21:25 41:20 49:13 52:5 64:17 65:1, 15:14, 17:8' 38:24 dried 34:17 49:15 49:16 Franklin's 20:16 65:6/ 66:11 18:20 18:23, 28:10, 38:16! demonstrations 31:4, 31:9, Drive 10:25, 11:12 49:19 49:23 50:6, 50:12, frequently 22:11 front 11:11, 66: 1$ Gypsum's 47:5, 39:3, 60:3, 63:16. 65:12 31:1$, 38:4, 38:21' drr;33:8, 33:16, 11:12 fulfilled 41:12 55:16, 55:18 58:2, 59:11, hr. Ih i; court 1:1, 1:25, department drvwall 38:2, full 5:20, 5:21, 60:2! 60:12 5:11, 64:10 18:25, 28:24, 42:25, 43:11, 55:1$, 57:?1, 37:3, 37:6, 60:1? H covered 14:20 -- -covering 30:5 31:1, 48:18 depicted 16:12 4 3 :1 3 ! 43:22 due 65:13 57:22, 64:12; 64:15, 66:11, 42:15, 62:12, 69:7 -eate 37:25 depo 62:13 duly 5:13, 69:4 66:14 fully 15:20 sated 33:21, deposed 5:13 dumped 35:1 Exhibits 3:6, 4:1 future 62:1 Hague 18:5, :9, 34:17, 19 deposition 1:10, 4:1 4:10, dumping 35:14 Dupuis 19:7, expenses 59:7 experience 18:5, 18:12, 20:9! 25:11 ^ mating 55:24 Creek 5:25, 6:1, 4:l6, 15:75, 21:24, 50:1$, 19:9, 21:6, 29:11, 29:12, 22:16, 41:9 extensively 42:4 Gabrielle 59:24, 25:1$ Hague's 18:6 50:4, 59:71, 57:21 61:23 53:3, 53:4 extent 51 -.1, 59:25 handed 23:14 59:24 62:10 62:16 dust 33:20, Galen 27:24 handing 11:7, Pages 1 to 69 DEAN MOBURG & ASSOCIATES (206)622-3110 CRUM 15:23 57:20 handlecl 33:19, 39:21 handling 34:13 hands 12:20 Hanford 8:7, 8:7 hanging 43:6 happen 33:14 Harlan 19:8, 19:9. 21:7 29:l1. 53:4 harm 5$:25 Harold's 40:20 Harper 12:2, 20:9, 20:25, 21:1I 22:6 Harran's 40:19 having 5:13 Hawaii 26:8 hazard 55:5, 57:8 he'd 42:17 he's 12:20, 20:18 headquartered 10:T8, 10:20 health 57:9 heard 61:17 hearsay 40:17, 46:1. 46:25. 47:25, 48:25, 49:2, 59:18, 60:6! 60:16 heat 30:3. 30:9, 30:10, 36:14, 30:17 30:17 30:18 31:14 35:16 35:17 37:19) 38:13 38:25 Heinz 8:14 held 9:16, 10:2 Helen's 5i:10, 52:22 Helens 51:17 Henry 2:7, 5:10 hereby 68:8 herein-.5:13, 68:10 hereof 67:10 hereunto 69:12 hire 36:18, 43:9 hired 9:1, 36:6, 36:19, 3$:21, 36:22 historical 61:20 history 7:18 Hobby 15:25 hold 8:24 holding 23:5 Homan 51:14, 51:15 Honesty 41:11 hope 24:6 hose 35:3, 35:7 houses 42:9, 42:17, 42:22, 43:1, 43:24 Howard 29:22, 53:7, 53:7 However 65:2 human 57:9 Idaho 9:22, 10:8, 26:4, 28:4 identified 15:24, 16:13, 22:10 35:24 50:8 identify 4:19, 11:8, 16:3, 16:7' 23:24, 23:25, 24:16, 26:15 27:12) 29:9, 50:8, 53:2 identity 65:3 III 2:7 immediate 17:23, 18:3 inch 33:10 including 64:18, 69:8 indicate 25:10 indicated 67:9, 68:15 indicating 11:14, 12:24, 20:3, 20:11. 20:15, 20:14, 21:3, 21:8, 21:lS, 25:11, 41:18 51:20 51:23 51:25 52:3 V. E. J. BARTELLS CO. / inai cat lri .24:19, 41:17 individual 19:6, Joseph 15:2b judge 14:7 juncture 63:21 S !? 8 '24:4' individual's 20:3 individuals 12:16, 16:3, 16:7, 16:11 19:2?, 24:1' 27:13) 29:7^' 9:10, 50:8) Industries 11:5 information 18:21, 48:21, 54:21 61:17 .61:18 61:20 initial 28:23, 54:18 initials 51:4 inguiries 45:5, 45:23, 46:12 inquiry 46:3, insomuch 49:3 installed 30:10, 30:11 integrate 9:6 integrated 15:20 integration '15:2 integrity 41:11 intend 64:24, 65:4 interact 11:21, 12:6, 12:10, 17:9 18:12) 18:24, 28:1?, .28:16) 53:25 interaction 14:17 interest 58:25 interested 69:1 interpose 35:23, 42:11 interrogatories 55:16, 61:15, 64:16 1:19, 65:2 intertwined 14:12 interview 8:17 introduced 36:9 involved 24:19, 51:9 ' Islands 7:15 Issaquah 4:7 issue 32:2, m - 62:6' issued 65:21 itself 11:10 Jack 51:9 Jackson 59:25 James 18:5, 27:1 January 1:15, 4:17 Jean 7:23, 7:24 Jersey/new 27:3 Jim 25:11, 27:4, 27:19, 51:23 job 31:17, 39:2, 39:6, 39:16, 40:16, 40:24, 41:1, 41:12 jobs 39:7, 40:20, 45:19, John 1:4, 4:13, 12:20, 36:6, 36:10 41:4 41:20 42:9 42:16 43:5 44:11 48:9) 48:14 48:26, 58:22 joined 8:17, 10:19 joining 8:20 joint 30:7, 32:2, 32:4, 32:6 32:7 32:14, 32:16, 32:24 32:25 33:14 34:2, 34:17 37:16 , 43:23, 44:12 56:21 Joint/finishing 38:12 joints 33:5 K-spray 30:3, 30:4, 30:5, 31:14, 34:52, 34:22 34:24 35:5, 37:16, 38:15 Kaiser 2:19, 3:9, 3:10, 4:25, 5:3) 8:15 8 :16, 8:19 8:24 9:6, 9:11,' 9;lS, 9:1?, 9:23 10:3) 10:11, 10:15, ;?!2'ii?423' 11:5) 11:16, 11:1$, 11:16, 11:22 12: 1, 12:3, 12:5, 13:8* 13:9) 13:l6, 13:14, 14:11, 14:12, 15:9, 15:11, 16:16, 17:8) 17:12 17:25, 18:3, 18:7, 18:1$, 18:53, 20:2, 20:6, 25:4) 27:8) 28:16, 29:13, 30:19) 30:21) 31:4. 312I6 . 31:1?, 33:14, 34:1,'36:5, 36:26, 37:5, 37:10 37:15, 37:15 37:18 37:24 38:4,' 38:5, 39:16 39:24, 40:14, 41:5, 41:15, 42:2 42:4, 42:6 43:2$, 44:4) 44:12) 44:16, 44:24, 45:18 45:24) 47:4, 47:14, 47:24, 48:16, 48:15 49:7, 49:21 49:2$, 50:25 52:12) 52:20 53:19 54:4, 55:6. 55:16, 55:18, 55:19, 55:20, 56:2, 56:8, 56:14, 56:50, 56:20 57:2,' 57:7,'57:13 57:1$, 58:1 58:2. 58:6. 58:11, 58:W , 58:18 59:10 60:2, 60:11, 60:1?, 61:1?, 63:6, 64:11, gift 8 i i ; Keith 2:25, 4:2 Kelly 27:4 Ken 4:25, 17:2, 61:12, 6:3, ' 66:9 KENNETH 2:19 kinds 13:23, 38:10 ' KING 1:2, 67:5, Oo5 Kirk 19:5, 21: 10, 21: 11, 29:15 45:7,' 45:8, 45:12) 45:2?, 46:2) 46:8, 47:3, 47:16, 52:6, 52:7/5279 ' Kirk's 21:14, ,21:18, 45:1$ knife $3:4, 33:4 knowing 30:20, 55o knowledge 13:9, 42:15, 47:10, DEAN MOBURG & ASSOCIATES ET AL. BRENT CROSBY T8:3, 4y;2U, 57:5) 57:11) 57:24, 58:4 ~ 22:1U, 53:22, 53:p, 53:25) knowledgeable 45:2 Kwajalein 7:15 manager 9:19, 9:21, 9:23, 10:3) 10:4) 10:5) 10:10, 12:4) 15:9/ LA 26:18, 26:21, 26:21 label 55:22 labels 55:21 laboratory 46:17 lack 42:12, 57:17 15:9 16:1?, 17:5) 17:14 17:26, 18:3, 18:12 18:1, JP'fil!- lacks 15:4 38:14, 40:2, 43:4/43:15 44:2 48:5. 56:6) 56:11, 56:2$, 57:3 Laidlaw 25:13 Lake 9:22, 1IU- Lakeshore 10:25, 11:12 language 63:23 larger 34:24, 34:25 later 7:3, 14:7, S i S - 54:22' law 2:4, 2:7, 2:10, ?:13, 2:16) 2:19) 2:23 lawsuit 58:22, -=. 58:23, 59:12 iiai: l i t ' 28:2, 28:4/ 28:1?, 29:16, 51:8/51:10, 51:l, 52:4 managers 25:16, 27:24 manner 39:22, 68:19 manufacture 13:17, 13:21 manufactured 13:23 manufacturing 45 .9 46-15 48:1$ S' March 66:5 Marianas 7:15 Marilyn 1:4, 4:13 Marine 7:4,7:4, lawyer 60:12, 62:11 lawyers 14:5, 59:11 laying 24:18 leading 33:23, 34:3, 34:11, 34:16, 35:1?, 54:7/58:9, ' 60:1$ teaming 47:13, 48:21 least 35:25 leave 6:19 mark 21:21, 64:10 marked 3:6, 4:1, 11:7, 12:14, 15:2$, 21:24, 49:13 57:20 64:12 64:15 66:10) 66:14 married 1:4, 7:20, 7:25 Mary ?:23, 7:24 match 23:$ matches 23:5 material 9:13, leaving 6:21 legal 5:21 Leonard 50:22 less 11:18, 17:4, 19:i8, 29:1$, 43:6) 621$ 62:2, iflli 7:7' 21:4' letter 50:3 level 25:15, 25:25, 26:14, 26:14 27:14 29:14' 37:4 lever 35:4 liability 64:25, 65:2, 65:5 License 1:25 listed 16:3, 19:23, 24:4, 26:13 65:1 lived :1 local 39:9, 43:9 located 10:23, 10:25, 11:16) 15:10 19:24 20:3, 20:17, 21:14, 21:l, 24:13. 29:12, materials 31:12 Matthew 2:3, 4:21 Maybe 25:24 McClellan 28:4 means 39:9 mechanical 8 :6 , 8:14 meet 22:10, 36:13 meeting 22:7, 47:7, 47:8, 48:1?, 60:$ meetings 12:11, 12:127 13:3, 15:21 22:1) 22:15) 48:1? Meg 2:$, 4:23 memory 57:11 mention 60:12 mentioned 34:6 Merced 11:11 merchandising 18:16, 18:17 Merchant 7:4 mesothelioma 56 16 met 59:20, 59:23 Mexican 19:19 Mexico 25:23, 26:19, 26:20 MGM 40:19 lodge 24:15 loyal 58:6 loyalty 60:13 lumps $0:8, 35:22 lunch 61:6 lung 56:10 middle 53:23, 53:24 military 6:24 Mi11is ?7:2 mind 20:22, 50:2, 50:?2 mix-up 23:16 M mixed 32:24, 33:1, 33:1$, MACD0CA457LC 1:25 Macdonald 1:24, 69:20 machine 30:11 major 39:23, 40:7, 40:10, 40:1$ majority 10:16, 11:24 making 32:18 management 11:18, 11:21, 12:12, 15:16, 34:2?, 35:16 mixer 35:1, 35:2, 35:14 mixing 31-23 Modaff 51:17 moment 6 1 :22 monitor 30:24 monitored 31:21 month 13:4, 15:22 months 49:18 morning 42:18, 42:19 motions 69:9 mountains 28:7 (206)622-3110 move .s:n, 39:13. 55:13, moved 8:13, 10:22. 20:24, multiple 50:13 myriad 39:7 itself 28:2, N named 19:6, 21:10, 50:9, 68:10 naturally 16:18 nature 14:7, 14:16, 54:?3, 59:15) 65:14 necessary 43:17, 62:7, 62:14 necessity 64:4 needed 58:2 needs 24:24, 65:25 ' negative 48:8 Nevada 10:8, 26:4, 28:3) 36:24, 39:6, 42:10) 64:21 Nominally 66:4 nonresponsive 39:14/55:14, 60:10 normal 42:19 normally 32:15, 42:19 northern 10:7, 10:7, 26:3, 26:4) 28:3) 28:5) 36:2$, 45:10 northwest 4:6, 26:11, 26:24) 27:13) 27:22' Nos 3:? Notary 5:13, 67:22, 68:?, 69:21 noted 63:2, 68:20 nothing 23:4, 69:5 notice 63:24, 64:3, 66:6 , 66:T? notified 40:11 November 15:25, 64:20, 65:8 Nowhere 64:3 numerous 63:3 Oakland 8 :''', 8:18, 9:9, 10:26, 11:1, 11:2 ' oath 55:18, 55:19 object 13:12, 14:3, 14:6,' 15:4) 16:2?, 22:1$, 25:5 27:10 32:9) 32:11 33:2$, 34:3/35:11, 37:21, 38:8) 40:1, 40:16) 43:3 43:14) 44:1) 45:25) 46:24, 47:1$, 47:18 48:22 52:14, 54:6, 55:9,55:13, 56:5) 56:11 56:2$, 57:3) 57:17 58:20, 59:17 60:5, 60:9/60:15 objection 14:8, 14:15, 14:18, 16:23 17:1. 17:24, 22:1?, 24:15 24:21 2 9 = 3 /3 4 :1 0 / 34:10, 35:2$, 38:14 40:3, 42:12, 46:4) 46:10 47:2$, 48:5, 49:1. 49:6) 56:1?, 57:10, 58:9 objections 68:17. 69:9 obligation 14:6 Pages 1 to i obtaining obviously 63:20 ?i?||on 12:6' occasions 12:9 , 34:1 . 12:3,' 20:8 , 20:16, 21:2. 21:14! 21:l, 28:2$, 29:12, 45:20) 45:20, 52:19.' officed 19:23 lisa ; isiu, i|:p- 20:,` : officiai 69:13 Olsen 17:19 Olson 26:20. 26:23 open 34:4 opened 10:22 operations 19:14, 19:19 operator 4:9 opinions 65:20 opportuni ty 21123, 28:12, l:il' 63:8' oral 1:10, 57:12 Oregon 10:8, |f;?a 28='2- organized 62:20 Orleman 51:18 Orzech 17:6, 17:7 OSHA 55:23 outcome 58:25, 69:1 outright 45:1 outside 64:20 __Owens 2:10, 5:8 k J6 :15 (V-fic 2:8. 7:10. 13:10, 26:11, 26:24, 27:14, 27:22 packages 55:21 Pageler 2:3, 4:23, 4:23' pages 50:13 S i ! :3S:26' particular CRUM V. 24:23! 25-5^' 27:10 32 9 33:23 34:3! 34:10, 34:10, 35:11 ! 35:23 37:21 ! 38 IT' 38:14, 39:15, 40:1. 40:16, 42:11, 42:14, 43:3/43:14,' 44:1,' 45:25 46:4. 46:10! 46:24, 47:1$, 47:19, 47:25 48:5, 48:22,' 49:1! 50:11 " 5p:1,52:14. P : & 55h3,5||?$ 5|?9'5rof' 59:17, 60:5, 60:9, 60:15 60:24, 61:2 61:6. 61:9. 61:1, 61:12, 63::2,664ll4, 66:4' Phoenix 25:22, 26:20 photograph 11:9, picked 66:4 Pickner 55:17 piece 33:10 pieces 62:18 placed 58:2 places 43:8 plaintiff 4:22, 6 4 :9' plaintiff's $8: llifi- 61:16, 63:1, 64:18! 64:24, 65:1/65:10 ' ! S i l l 9' Sill: Bifr 53:16. 54:10 play 13:6 played 12:12 please 4:19, 5:12. 5:20! lllii' 20:21' parties 68:15, 68:22 partners 8:9 p!g&58'22- pass 18:21, 29:4 passed 23:4 paste 62:17 path 8 :2 Paul 2:22. 5:2, 2|:19, 2:20, Payne 2:25, 4:2 pending 32:12, 61:15 performance 31:24 period 19:3, S it i24:2i- perpetuation 61:23 personally 36:6. 4<^. ni, 14:5 . .\5 14: l 1. 16:22, >..l 17:24! 20:20, 22:13, 22:17 2 2 :22! 23:4, 23:17, Sits pointer 12:21, c4:10, 50:7 ' pointing 41:19 pole 33710 P58:]9n 28:1' portions 55:14, 60:10 Portland 8:13, 8:13, 28:2 ' position 9:16, 10:2, 36:14.' 36:21, 61:22, 61:25 62:17 63:1, 63:6, ' 63:9, 63:11 positions 8:24 positively 60:19 possibility 62:9 potential 44:17, 54:4 Potts 25:12 pound 32:10 pour 34:5 poured 34:2 pouring 34:14 powder 32:5, 35116 powdered 32:25 precise 39:21 premix 32:7 prepared 62:12 prescribed 55:23 presence 45:23, Pages 1 to 69 BARTELLS C O ., ET A L . BRENT CROSBY present 2:25, 4:19. 31:17' 32:26, 41:22, 49:25 62:19 presentation 62:22 president 12:2 president's 21:1 previously 14:13, 15:24, 16:13| 23:14* principal 4:6 prior 23:18, 49*19 49*23 57*21! 59:22' TSl's SL" ' 18:1S, 35:1$, 44:22, 45:21! problem 28:18, 28:19, 28:22! 4:13, 54:14! problems 54:4 p?Hf ills, Siis " :1'' process 33:21, 34:9, 35:10 product 28:18, 28:19, 28:20 28:21! 29:17! 31:11! 32ll6, M -& ? 54:21, 55:1 lilts5* 7- 19:16 28:24 29:23! 31:1, 52:6/52:22! 53:25. 64:lt Productions 4:5 products 9:7, 9:15. 13:18 13:26, 17:14, 18:19/29:24 30:1, 30:1. 30:2 30:21, 31:5! 31:18 31:25, 32:1 37:6,38:4. 38:6! 38:16. 38:2$, 39:17, 39:21 39:25 40:15 41:5, 41:14 42:2 42:5/42:6/ 43:11, 44:13, 44:18, 44:24, 45:24,44:i; 4724, Zlll, 48:16, 49:8, IP : till ; flfi.fllts, 56:9/56:15, 57:2! 57:7, 57:1$, 58:$ projet 8:7, P40l4tS 39:24' promote 18:19 promoted 9:20 promotion 17:15 proper 50:1 propounded 64:17 pyide 20:1, provided 65:8 Public 67:22, 68:7, 69:21 pumped 35:6. 35:6 purchase 9:15 purposes 50:16 pursuant 59:3 push 30:17 putting 12:15, 23:21, 62:16 DEAN MOBDRG qualifications 68:18 quality 28:20, 55*1| 55:2 quantity 35:5 questioning 34:11 quite 6:23, IH- ,!='9- radiant 30:3, S: Plit! 30:l4, 30:1?, m u- raised 6:4, 61:24 ran 30:11 Rapid 2:16. 5:6 reach 65:2$, 65:24 reaction 47:12, 47:22, 48:20 reading 68:13 ready 42:18 realize 63:15 rff*2^ 32:2' receive 41:15 received 64:8 receiving 41:20, Recess 23:10, 44:9, 61:11 recognize 51:13, recollection 15:6, 39:25 recommended 36:19 record 23:9, 23:11, 23:20, 27:7/36:1, ' 44:8' 44:16, 61:16, 62:16, 68:15' 66:16' reduced 68:11 r||*i755:15' rf[||t 27:7, regarding 44:17 region 25:19, 25:24, 26:1 26:2,26:3, 26:6, 26:6! 26:?! 26:16, M -. m m - 27:,t' regional 10:4, 10:5, 10:10, 15:9 15:21 18:2, 18:11' 25:l6, 26:11, 27:19, 28:11 r2?*16S 18:9' regular 22 :8 ReTlly 52:16, 52:17. 52:24 Reilly*s 52:19 reimbursement 59:6 relate 59:14 relationship 14:1 relative 68:21, R49l!f 48:24' Relieved 48:1 rely 64:24 Reno 9:22. 36:23, 36:8, 40:8/40:15! 42:16, 64:26 repeat 14:9 rephrase 14:10, 33:25, 49:4 replaced 51:18 report 28:22, reporter 1:25, 5:11, 64:10 ' representation 15:1 representative 9:2, 9:4, 53:20 represented 11:6 represents 25:3 request 65:6 requests 64:16, 64:23 required 31:8 requirements rescheduled 63:4 research 15:18, 18:25, 19:2, 22:24 28:9! gl I; Slit; lilts S3:8- reserve 7:4, 62:23 ' residential 40:21, 41:3 rfsiding 67:23, respective 66:1 respond 40:3 r?l?4?S45?ii!2' Uli' K:,8: P : Sill: rs ?n i= iji19' responsibi lities i ? : l t 37!2- responsibili ty 14:21, 14:24! itHf-sIfi7- H ill 54:2- responsible f:24, 30:20, 55:8 resting 60:24 restricted 50:17 result 61:21 resune 21:21 resumed 61:13 review 28:23, 54:18 revised 29:2, Richard 51:25 rises 39:9 Robert 12:19, 25:13, 51:7 Ron 5:8 RONALD 2:10 room 20:10, 20:13, 20:19, 21:25, 22:2. 30:16! 30:16 Royal 4:5, 4:7 run 30:13! 33:5 IT Sacramento 9:19 safety 50:22 salesman 9:11, 41:6,'4ll8|' 41:8! 41:21. 54:1$, 54:1$ salesman's 41:7 salesmen 9:24, 10:12, 31:3. 31:16 32:16, 37:4. 38:5, 47:9 Salt 6:22 Sam 52:3 Samuel 52:4 S a y : 24, 26:19, sand 33:8. 33:12, 3$:12, 35:22 sanded 34:17 sander 33:9 sandpaper $3:11 save 67:8 Schaper 19:12, i l l !?* 52:21 schedule 63:5 scientist _ scoop 33:4 SEA 4:15 seal 69:13 seams 33:5 seat 21:21 2i2l! 43?' 4:12! 6:4! 6 :6 , 6:7/6:9.6:11 tii; tl 1: tllStl!: 28:1. 51:6. lill- 64:5- section 27:13 seeing 49:19 selected 65:10 semi'administrt 19:10 send 28:23. 54:18 senior 11:18, yi-sii14- sense 24:19 separate 32:6 serious 7:17, 55:25 serve 62:10 served 6:24, 15:8 service 7:1, serving 10:3 several 63:5 shaking 12:20 sheet 67:10 sheeting 37:8 Short 23:8, 44:5 shot 35:$ shown 12:16, 50:3 sign 28:23 signature 68:14 signed 64:19 signing 68:16 simply 65:9 Sinjason 17:16, simulated 30:5 sister 6:16. 6:18 sit 13:3, 52:25 sites 31:17, 39:2, 39:6! 39:16, 40:24, 41:1 Sixth 2:11 size 30:16 slow 47:16 slowed 14:19 slowly 32:17, 33:17. 34:4 Smith $3:8 Smythe 8:5, 8:10, 8:10 socially 13:5 softboard 37:7, 51:11 Solomons 7:16 soluble 3$:18 solution 34:7 son 43:6 sorry 44:3 south 25:22 southeastern 9:22, 10:8, 26:4,' 28:3' southern 25:21, 26:18 Southwest 7:10 speak 45:12 speaking 21:6 spec 42:9 sf?fal 17:U* specialist 4:5, 29:23, 46:14 specific 14:24, 48.-25' 31:12' specifically 37:9 specifications spculation 48:6, 49:2 spent 10:17, 58:17, 58:18 spoke 52:9 spoken 53:15 spray 31:14 sprayed 35:8 (206)622-3110 _____ CRUM spread 33:19-- Sprinkler 8:11 Square 2:20 ss 67:4. 68:4 s y j j 'i. 51=17, sJ?n3" { f e stand $0:7 standing 29:3, siKS3s " `' ' sa" w . starting 50:9 Sit 69:22 stated 50:1 states 7:18. iir- " * stationed 7:8 staying 6:17 stenographic 64:7 stenographically step 32:23, 33:7 stick 33:9 stir 32:17 stirring 34:13 Street 2:20. P i ifl 8 8 s- 5S;'3strong 40:9 structure 25:3 S5 3 : 1 8 19' Styrofoam 30:7 subcontractors subject 64:1 submitted 68:13 subpoena 59:4, 6|:17, 65:20, SUBSCRIBED 67:16 subsequently 26:7 subsidiary 13:14 substitute 23:13 substituted 23:23 suggestion 14:22 Suite 2:5. 2:8, 2:11, 2:i4, 2:17 Sullivan 27:5 SUPERIOR 1:1 supervise 10:12 supervised 30:20 supervising 9:25 sue---- --- 41:10; 56:22 BARTELLS testify 65:7, 68:?5;.69:4' t59:|fy,ng 27:8' testimony 24:24, text 57:22 texture 43:17 texturing 43:7 thank 17:3, 11:20. 27|21, 2:. 44:5, 50:1$, 52:24, unless___ upon 1:10, $7:13. 48:20, 62:2.'64:24,' 68:20 upper 53:22 upset 58:14 Urban 8:5. 8:9, usable 35:19 i,ngo31:23, justly 33:9, ,t.h.^elem:me9e'54:25 themselves 4:20, 43:7 theories 65:1, w5:5 theory 64:25 t24-f<S 13:22 thereof 69:2 thereto 64:19 they'd 30:16, 33:8, 33:8 they're 8 :6 , 37:3 w a v *' 26:9, 26:U , 29:2| 29:5 Thomas 27:24 tile 37:7 U|I*31:8' 26:4' Valerie 2:16, 5:6 Valley 9:21 value 50:3 varied 10:13 verbatim 63:23 version 23:15 vice-president Ilili, US: iiiil1K:5- IJ iV '5' fc5' Video's 4:8 29:19Ch 29:18' today 58:10, $ f: Si i: 59:8. 60:8; g;.6, =,71 Today's 4:17 Tom $3:8 Tommy 25:19 Tony 19:18 top 16:5, 29:10 Torgeson 28:1 t58?iV 29:10, towards 48:8 Tra-boo 51:20 trace 8 :2 tract 40:22 trade 41:7 traffic 17:20 trailed 20:13 transcribed 68:14,.69:7 transcript 69:7 transcripts 62:13 transferred 9:8, 9:19 ' transmitted 54:17 Transport 7:3 videotape 61:4 videotaped 1:10, ills i i l k p i , viewing 49:23 visit 6 :22, 40:23, 41:2 visited 42:23 volume 40:20 W U.R 2:16 waive 68:16 waived 63:7 watlboard 30:14, 37:5, 43:16 walls 33:12 Walnut 5:25, 5$:2l^$9:24 w|lton51:23, ET AL. BRENT week ic:c3 , M ' 18h' weekly 13:2 "IS:I 5Il?2' Weinstein 4:11 west 6:7. 6:9, 6:18, 21:15 what's 7:22 11:7. 12:U, 15:23, 49:15, 51:20; 57:20' whatever 65:13 whenever 2 2 :6 WHEREOF 69:12 wherever 40:22 "SSifti;2?S'i*t!;' =0, 49=21. whose 4:6 Wiborn 51:25, wife's 7:22 I WiIf 28:1 WINDER 2:7 wish 64:6 within 11:15, or ;7 witness 5:12, 5:13, 20:23; 65:4, 65:7, 65:1$, 68:10, 68:13 68:16 69:3/69:12 ' witnesses 65:11, ,,65:11, 66:1 ' Witt 55:3, 52:4 workable 34:7 wouldn't 13:2 Si t; Si?- i i y ' i l h i / ' 44=22 52:8' 96=65:10, 65:13 York 27:4 you'd 30:13, 34:4, 36:; 41:7 you'll 47:1 8 yourself 58:6 supervisor 17:23, 18:4 wanted 28:8, Zakrzewski 2:13, 5:4, 5:4, 23:2 su^lemental t'rSalyfe33*:13* 1, warning 55C22, 43;,e' supplying 40:14 support 15:17 supposed 41:12 swear 5:12 sworn 5:13, 55:16, 55:18, 67:16, 69:4 treating 62:15 trial 62:10, m troweled 35:19 true 67:8, 69:7 truth 69:4, 69:5, 69:$ turn 22:1?, 36:2 type 13:24, 57=25 57:6' 1?|?96?^ 57:15, 58:2' Warren 8 :6, ,,8 :10, 8:11 Washington 1:1 li I: I i k 2:4' 13:24, 29:20, 39:9, 42:16 Tacoma 2:9 8:8 Tahoe536:2S, types 28:15 typewriting 68:11 typical 2 0 :8 67:3,' 67:23 69:25 68:8' U Washoe 42:9 watered 35:2 40:4''68Tio; 69:10 taking 68:19 tank 35:7 tape 43:17 `S I M i ? * f 5: Si'S; 43:6, 43:12 temporary 10:20 terms 25:3 territories .14:21 t36:22ry 10:6' undersigned 68:7 understand 18:1, 20=4 22:14' i l i l i MsS- understood 62:4 undertaken 33:22 unify 35:21 Hn!n 2:20, 2:20 United 7:18 units 42:23 University 6:1 2 Watson 26:10, Ifill-27:,a- ways 32:5 we*d 22:7, if: 8 , 31:11, ilii$ 63:14' we'll 21:5, 23:8, 25:54, 47:16, 61:6 we're 20:22, liit i24;j2' CROSBY DEAN MOBURG & ASSOCIATES (206)622-3110 Pages 1 to 6: J