Document MLEO78z8RnEvyNw3MvJ9ppV

FILE NAME Rogers Corporation ROG DATE 2004 Feb 24 DOC ROG001 DOCUMENT DESCRIPTION Legal - Deposition of Mark DeLassus for Rogers Corp.  3 4 50 7 9 121 13 14 15 16 17 18 19 20 21 22 23 24 25 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA ~ oe e e eee _e x In Re NEW YORK CITY ASBESTOS LITIGATION NYCAL ~ eee ee ee et oa TERRANCE E. HILL and MARY LOU HILL Plaintiffs his spouse CYTEC . V. ENGINEERED Index No MATERIALS INC et Defendants 115895 al wee ee ee ee _ ee xX Page 1 |; Courtyard Marriott Fishkill New York February 24 2004 10:15 p.m. PLAINTIFF'S EXHIBIT - RC VIDEOTAPED EXAMINATION BEFORE TRIAL of the Defendant ROGERS CORPORATION by Mark DeLassus PRIORITY ONE Court Reporting Services 899 Manor Road Staten Island New York 10314 718 983-1234 PRIORITY COURT REPORTING SERVICES 718 983-1234 Attorneys for Plaintiffs 3 360 Lexington Avenue 20th floor New York New York 10017 4 BY MARK G. STRAUSS ESESQQ 5 6 ANDERSON KILL & OLICK Carbide 7 Attorneys for Defendant Union New York New York 10020 8 GARY BY GARY CASIMIR ESQ 9 10 MCCARTER & ENGLISH ESQS Attorneys for Defendant General 11 Electric Four Gateway CenteCr enter 12 100 MulberryStreet Newark New Jersey 07102-0652 13 BY ALLISON WOOD ESQ 14 BEACH 15 HARRIS LLP Plastics 16 Engineering Enginering Corporation 805 Third Avenue 20th Floor 17 New York New York 10022 BY 119 8 MICHAEL MASINO ESQ PHILLIPS LYTLE LLP 20 Attorneys for Defendant Cytec Engineered Materials 21 3400 HSBC Center Buffalo New York 14203 22 BY JAMES W. WHITCOMB ESQ by telephone 333333 333 25 Continued Page 2 2 EXAMINATION BY PAGE 3 MR COMERFORD 6 4 MR CASIMIR 156 5 6 EXHIBITS 7 DELASSUS FOR DESCRIPTION PAGE 00 1-3 Three documents 15 9 4-5 documents 141 10 11 12 REQUESTS FOR INFORMATION DESCRIPTION PAGE 14 Production of test that was done ncar 107 15 around 1978 16 Production of transcript 141 17 18 19 20 21 2223 2223 2223 2223 Page 4 [ Page 3 Page 5 }- 1 APPEARANCES Cont 2 McGIVNEY KLUGER & GANNON P.C. Attorneys for Defendant Rogers 3 Corporation 80 Broad Street 23rd Floor 4 New York New York 10004 5 BY CHRISTOPHER M. SANTOMASSIMO ESQ 6 12 STIPULATIONS 12 IT IS HEREBY STIPULATED AND AGREED by 3 and between the attorneys for the respective parties herein sealing filing 4 certification herein that twhietsheinaling filing and Before certification of the Examination objections 6 Trial be waived that all except as 7 to form are reserved to the time of trial Also Present John Comerford Esq Lipsitz 7 & Ponterio Esqs for Plaintiffs and Michael Bennett 8 9 *** Videographer *** 10 11 8 That the transcript may be signed before 9 any Notary Public with the same force and : 10 effect as if signed before a Clerk or Judge of : 11 the Court 12 That this Examination Before Trial may 5 13 be utilized for all purposes as provided by the 12 14 CPLR 13 15 That all rights provided to all parties 14 16 by the CPLR shall not be deemed waived and the 16 17 appropriate sections of the CPLR shall be 17 18 controlling with respect thereto A 18 19 IT IS FURTHER STIPULATED AND AGREED by 19 20 and between the attorneys for the respective 20 21 parties hereto that a copy of this Examination 21 22 Before Trial shall be furnished without 22 23 charge to the attorney representing the 24 24 witness testifying herein 25 25 "2 2 Pages to 5 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 6 Page 8 [- Nak MR COMERFORD Let's put 1 the record beginning approximately at 10:19 2 stipulations on the record if we have any W Everyone appears to be here 4 John Comerford and Mark Strauss on behalf of 2 a.m. February 24th 2004 3 This is the deposition of Mark 4 DeLassus in the matter of Terrance E. Hill and 5 the plaintiff 6 At this time -- Jim can you hear 7 me Jim Whitcomb I am just doing a test 8 No Response 9 MR SANTOMASSIMO Jim can you 10 hear us 5 Mary Lou Hill his spouse plaintiffs versus 6 Cytec Engineered Materials Inc. et al 7 defendants in the Supreme Court State of New 8 York County of Niagara Index No. 115895 9 The location of which this 10 deposition is being taken is the Marriott 11 MR WHITCOMB I can barely hear 12 MR COMERFORD Okay Jim how 13 is that 11 Courtyard Hotel located at 17 Westage Drive in 12 Fishkill New York 13 Present along with Mr. DeLassus 14 MR WHITCOMB That's much 14 is the stenographic reporter Cheryll Kerr 15 better 15 with Priority Court Reporting and 16 MR COMERFORD Jim can you just 17 identify yourself for the record 18 MR WHITCOMB James W. Whitcomb 16 currently speaking the videographer Michael 17 Bennett representing Certified Video 18 Productions of Lawrenceville New Jersey 19 Phillips Lytle LLP for Cytec Engineered 20 Materials 21 MR COMERFORD At this time I 22 assume all objections are preserved to the time 23 of trial except as to form objections 24 Any other stipulations anyone 25 wants to put on the record other than an 19 Would counsel please identify 20 themselves 21 MR COMERFORD John Comerford 22 and Mark Strauss on behalf of the plaintiffs 23 MR SANTOMASSIMO Christopher M. 24 Santomassimo with the law firm of McGivney 25 Kluger & Gannon representing the Rogers 1 objection by one is an objection by all before 2 we start Page 7 1 Corporation and Mr. DeLassus 2 MR CASIMIR Gary Casimir Page 9 |: : 3 MR SANTOMASSIMO That's fine 3 Anderson Kill & Olick 4 MR CASIMIR Objection is 4 MS WOOD Allison Wood McCarter 5 fine 5 & English 6 I don't know what you meant 6 MR MASINO Michael Masino 7 objections to form 8 MR COMERFORD Well usually 7 Harris Beach 8 THE VIDEOGRAPHER And is there 9 defendants want to preserve all objections 10 until the time of trial but if you don't want 9 counsel appearing by phone 10 MR COMERFORD Mr. Whitcomb 11 to do that -- 12 MR CASIMIR No just with the 13 video going on we can also reserve it on the 14 record too 15 MR COMERFORD It's really up to 11 please announce yourself 12 MR WHITCOMB James Whitcomb for 13 Cytec Engineered Materials 14 THE VIDEOGRAPHER Would the 15 reporter please swear in the witness 16 you 17 MR CASIMIR Okay 18 MR COMERFORD I -- usually the 19 defendants request that all objections except 20 as to form be reserved to the time of trial 16 MARK DELASSUS 17 called as a witness having been first 18 duly sworn was examined and testified 19 as follows 20 EXAMINATION BY 21 MR CASIMIR Okay I 22 understand 23 MR COMERFORD We are on the 21 MR COMERFORD 22 THE STENOGRAPHER Can we please 23 get your full name and address for the record wr 22 same page then 22 THE VIDEOGRAPHER We are now on 24 please 25 THE WITNESS Mark DeLassus 77 orem ramen anes os PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 10 1 Schoolbrook Lane Burnan Connecticut 06066 1 Q. Did you review answers to Page 12 |: : 2 THE STENOGRAPHER Thank you 2 interrogatories for example while -- 3 Q. Mr. DeLassus I am going to 3 A. Well I did a couple of answers 4 introduce myself 4 yeah 5 My name is John Comerford I am 5 Q. Well what I would like to do 6 here with Mark Strauss to ask you some 6 sir is as -- as best you can is sort of give 7 questions about a case called Terrance Hill 7 me laundry list of what documents if any 8 We represent the plaintiff in 8 you reviewed in anticipation of coming here 9 this matter Good morning 9 today 10 A. Good morning 10 And I think you said answers to 11 Q. Sir know you have given a 11 interrogatories 12 deposition in the past but I would be remiss 12 A. looked at one page of an 13 if I just don't go over the ground rules real 13 interrogatory 14 quickly 14 Q. Do you know for what case that 15 Today if at any time if you don't 15 interrogatory was for 16 understand any of my questions please advise 16 A. No Response 17 and I will do my best to rephrase the question 17 Q. Was it for this one I can -- I 18 hopefully in a way that you do understand 18 can -- 19 If you could wait for my full 19 A. I don't know the name of the 20 question before you begin to give an answer 20 case but it was something from the past -- you 21 the court reporter will be much happier with 21 know 22 us because she can't take down two people at 22 Q. Well let me ask you this 23 once 23 Was it an interrogatory 24 I'll extend the same courtesy for 24 surrounding an asbestos case that involved 25 you I will wait for a complete answer before 25 Rogers Corporation 1 I begin with my next question Page 11 1 A. Yes Page 13 : : 2 Sir as you may or may not know 2 Q. Okay and do you know for what 3 am here to ask you some questions about your 3 issue you looked at this interrogatory for 4 relationship and your knowledge of the Rogers 4 A. just wanted to see what grade 5 Corporation and I would like to first start 5 numbers were listed that someone said pertained 6 off with this question 6 to Rogers 7 Have you ever given a deposition 7 Q. Okay and do you know if that 8 before 8 interrogatory you looked at -- 9 A. Yes 9 Was that for a case out of the 10 Q. How many 11 A. One 10 Diemolding facility in Canastota New York 11 Was that a different type 12 Q. And the deposition you gave in 13 the past - 14 Was that in relation to a case 12 A. No Response 13 Q. am just trying to understand -- 14 A. I don't know which one it was 15 concerning Rogers Corporation 16 A. Yes 15 Q. Do you know if it was a recent 16 interrogatory or one that was done a number of 17 Q. Other than that have you given 18 any other depositions in any other type of 19 case 20 A. No. 17 years ago 18 A. Reasonably recent I think 19 Q. By reasonably recent would 20 that be within the last year 21 Q. And sir before you -- you came 22 today what documents if any did you review 23 in anticipation of your testimony 24 A. don't think I reviewed any 21 A. I don't know that 22 Q. Okay 23 And as you sit here today can 24 you tell me what you remember looking at 25 documents 25 Was your recollection refreshed Mee eee meee eee eT NT ee ee Ne ne ea ee PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 14 Page 16 |. ; 1 in some way of the grades of asbestos 1 three are 2 A. The grades were listed there but 2 These are answers to 3 never saw the document from which the grades 3 interrogatories by Rogers and there's three of 4 were identified originally 4 them and all of them surround cases that are 5 I just wanted to see what was 6 in in the interrogatory 7 Q. And by grades of asbestos just 8 so we are on the same page could you tell me 9 what you mean by that 10 A. mean grades of molding 5 Diemolding 6 What I would like to thet first to do 7 is hand them to Mr. Santomassimo and I would 8 ask him to hand to the witness to see if this 9 refreshes his recollection in some capacity 10 Informal discussion held off the 11 compound -- 12 Q. Okay 11 record 12 MR COMERFORD And Mr -- I'm 13 A. -- grades of asbestos 14 Rogers only sold molding 15 compound so was the -- it was the number 16 or the product name 17 Q. Would it be RX and then a 18 specific number 19 A. Yes 13 sorry 14 If you want to stipulate to what 15 he looked at I would -- I will take your word 16 for what he looked at ahead of time if you 17 want to move this along 18 MR SANTOMASSIMO Off the 19 record 20 Q. Okay 21 Do you know if the number was 462 22 that you looked at 23 A. That was one of them 20 Informal discussion held off the 21 record 22 MR SANTOMASSIMO Sure Go 223 ahead 24 Q. Okay 25 Do you know what the other number 223 A. The one that I -- 223 MR SANTOMASSIMO Yeah Page 15 Page 17 1 was sitting here today without having the 2 grades of the interrogatories 3 A. I'm not sure 1 A. -- the one that I looked at a 2 little bit yesterday was Exhibit 1 3 indicating 4 Q. Okay 5 What I have here sir is some 6 interrogatories that have been answered in the 7 past 8 Let me just mark them and show 9 them to you if I may to see if that refreshes 10 your recollection to ensure we are on the same 11 page okay 12 MR COMERFORD I would ask the 13 court reporter if she would be kind enough to 14 mark these three exhibits but I would like to 15 go by the witness name one two and three 16 Thereupon three documents were 17 marked DeLassus Exhibits 1 through 3 for 18 identification 19 Informal discussion held off the 20 record 21 MR COMERFORD And for all 4 Q. And Exhibit 1 just so we are on 5 the same page sir is answers to 6 interrogatories that were given in a case where 7 the plaintiff's name was Elaine R. Clark 8 K has an index number 2132 and this 9 has been marked today as DeLassus 1 10 And sir other than that 11 interrogatory which has been marked as 12 DeLassus 1 have you looked at any other 13 documents in anticipation of your testimony 14 today 15 A. I don't think so 16 Q. And sir I -- 17 I -- I just want to make sure 18 that I understand that you are being 19 represented today by Mr. Santomassimo 20 Is he your attorney for -- for 21 this proceeding 22 exhibits that I marked today Counsel I was 23 going to leave with the court reporter 24 I do have an extra copy I will 22 A. Well he's the attorney -- 23 MR SANTOMASSIMO Yes 24 A. ++ for Rogers Corporation so I 25 say -- let me just briefly tell you what these 25 yes I guess so Te eee ese eS ee easemen menrerpessyaare Tro ar yE oure e emterS ean eas ay aE TE ON aR ay er Bh EET erent 5 Page14 sto 17 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 18 Page 20 |. 1 Q. And do you currently work for 2 Rogers Corporation 3 A. Yes That's the Crisco Bosco Company 2 started there in 1974 so the product line 3 that I worked at originally came to Rogers in 4 Q. Okay so I can't ask you 5 questions about communications you had with any 6 attorneys 4 1977 5 My title was a development 6 chemist I worked in the D center In 1980 7 That's privileged that's sacred 8 but what I can do is ask you questions about 9 any conversations that you had about this case 10 with employees or anyone 11 And I am not interested in 7 became -- 8 I moved from the & center to 9 the manufacturing facility and my title was 10 technical manager 11 In 1982 I became the controller 12 conversations that you may have had for 13 example about your wife that you have a 14 deposition that you had to drive to Fishkill 15 today 16 My specific question to you is 17 this Who if anyone other than your 18 attorneys have you discussed this case with 19 A. I didn't have any discussions 20 that the attorneys weren't at 21 Q. Okay 22 When you met with your attorney 323 to discuss this case other than your attorney 12 In 1985 I became the marketing manager In 13 1988 I became the sales manager Sales and 14 marketing manager 15 In I think about 1999 I became 16 the vice president and we have since sold that 17 business so now my -- 18 am back at the corporate 19 headquarters and my title is director of new 20 business development 21 Q. And sir where is your office 22 located today 23 Where are the corporate 24 who else was present 25 Who else was there 24 headquarters Where is that located 25 A. Rogers Connecticut Page 19 |- Page 21 1 A. I- 12345 Q. Okay 2 You want the name or you want the 3 function 12345 Sir you talked about a portion 12345 of the Rogers Corporation -- I think you said a 4 Q. The name first please 5 A. Dave Heilemann 4 division was sold in 1999 5 A. It was sold in 2002 6 Q. Can you spell that for the 7 record please as best you can 8 A. will try M 9 Q. Okay Anyone else sir 10 A. That's it 6 Q. I'm sorry 7 And what division was sold in 8 2002 and who was it sold to 9 A. The molding compounds division or 10 the multiple composites division depending 11 Q. Okay so what I would like to do 12 if we can is - 13 Just give me a thumbnail sketch 14 if you would sir on your job functions with 15 Rogers 16 What I would like to do if you 17 could is give me the start date with Rogers 18 and just walk us to the present your various 19 job titles and just -- a rough summary of what 20 your job responsibilities were with each title 21 A. Okay 22 I started with Rogers in 23 September 1977. I came to Rogers in an 24 acquisition from Acme Resin a part of CPC 25 International 11 what area you are talking about indicating 12 was sold to Perstorp Corporation 13 Q. Could you spell that 14 A. O 15 Q. And was from a particular reason 16 that division was sold in 2002 17 A. The direction for Rogers 18 businesses had changed and Perstorp which is 19 Swedish company and owns -- owns a Belgian 20 factory that makes very similar products to 21 Rogers was very interested in acquiring that 22 Rogers division so the two companies agreed 23 Q. Do you know sir on whether 24 there was any agreement reached between that 25 company and Rogers concerning any liabilities "6 Pages 18 to 21 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 22 l involved with asbestos 2 A. I did not - did not participate 3 in the actual agreements 4 Q. Okay 1 Well can you tell me 2 Mr. Heilemann -- what his job today is with 3 Rogers Corporation 4 What's his title 5 Is there anyone at the company 6 that might have that information who would -- 7 who would have personal knowledge to that 8 A. am sure that there's two or 9 three people that have access to the agreement 10 Q. Okay and who would one of those 11 two or three people be 12 A. think the corporate treasurer 13 would have access to the agreement 5 A. He is retired from Rogers 6 Corporation 7 Q. And do you do you know 8 approximately what year he retired 9 A. I think it's been very recent 10 Probably the late end of 2003 11 Q. And when he retired do you know 12 what his title was with the company 13 A. don't know what it was when he 14 Q. And who is that sir 14 retired 15 A. Bob Sulfur 16 Q. So as you sit here today sir 17 you don't -- 18 Do you have any knowledge at all 15 Q. Can you give me an appreciation 16 what his job responsibilities were when he 17 worked for Rogers Corporation 18 A. He worked in the finance 19 whether or not Rogers retained the liability 20 for the asbestos claims that might be filed 19 department and I believe at one point in time 20 his title was -- dealt with a lot with 21 against Rogers do you know either way 22 A. I don't know what that agreement 23 said I only know how much the company paid 24 In general terms I don't know 25 anything about the details of the agreement 21 insurance companies and his title was risk 22 manager 23 Q. And do you know where Mr. 24 Heilemann lives today 25 Not the exact address but the Page 24 Page 23 1 Q. And the agreement would speak for 1 general area will suffice 2 itself Iassume 2 A. Rhode Island | Page 25 ; 3 A. am assuming so 4 Q. Okay 3 Q. Do you know where -- where in 4 Rhode Island 5 Sir I want to go over some names 6 of people with you if I may and the first one 7 is think is David Heilemann 8 Am I saying that correctly 9 A. Yeah 10 Q. Can you give me an idea how old 11 this gentleman is 12 A. I think he is about sixty 13 Q. And do you know what year he 14 started with the Rogers Corporation 15 A. Not exactly no 16 Q. Let me say it this way 5 What city Cranston That's the 6 only city I know so I had to throw that out 7 but what city in Rhode Island he resides in 8 A. No. I don't 9 Q. I would like to ask you about a 10 Howard -- I think Raphaelson 11 A. Raphaelson 12 Q. Raphael -- 13 I have it spelled as 14 N Does that sound about 15 right 16 A. N 17 My -- it's claimed in this case 18 my client was exposed to asbestos from 1961 to 19 1966 okay 20 Do you have any appreciation on 21 whether he was working with the Rogers 22 Corporation during that time frame 17 Q. Okay 18 Is he still with Rogers 19 Corporation 20 A. No he is not 21 Q. Is he retired 22 A. Yes he's retired 23 A. I - I wouldn't think it would 24 go back that far 25 Q. Okay 23 Q. am going to ask a lot of the 24 same questions 25 Do you know if he was with Rogers PRIORITY COURT REPORTING SERVICES 718 983-1234 7 Pages 22 to 25 DeLassus Mark DeLassus 1 Corporation on or before 1966 23 A. He might have been 23 Q. When he worked for Rogers what 4 was his title or position 5 A. His last position was the 6 corporate controller 7 Q. And do you know approximately 8 what year he stepped down at Rogers Page 26 Page 28 I It was more like that indicating 2 And sometime around 1920 when 3 phenolic resins were invented by Leo Bakehand 4 phonetic a Belgian guy he came to the 5 United States and worked with Rogers along with 6 other companies most notably like Union 7 Carbide and start -- started putting phenolic 8 resin into the paper beater which is sort of 9 A. Approximately three years ago 9 like the pulp mixer so that we then had a 10 Three or four years ago so that would put it 10 phenolic paper product so that when it was 11 at like 2000 or 2001 11 molded it would be rigid and hard 12 Q. Okay and because he is not a 12 indicating 13 lady we can ask what his age was 13 These paper products went into 14 Do you have any idea how old he is 14 various applications but relative to what I 15 today 16 A. Sixty 15 do it became a -- a molding compound by taking 16 the paper itself and cutting it into small 17 Q. Okay 18 Other than his position as 17 pieces sort of like with a pizza cutter 18 indicating 19 comptroller do you know any other positions he 19 They sold it as what was called 20 held during his tenure at Rogers 20 mold dice -- molding dice so that you had 21 A. He was the controller when I 22 started and he was the controller when he 21 little 11 little squares of material indicating 22 that then could go into the mastic mold to be 23 finished 23 made into a part . 24 Q. If we needed to find this 24 And then from there it was -- it ; 25 gentleman today what -- what city or 25 took the same kinds of raw materials and i Page 27 1 geographic area does he reside in 2 A. am not totally sure but I 3 think he still lives in Connecticut 4 Q. Sir can you just walk me through 5 Rogers Corporation I extruded them or roll mill compounded them 2 or you know 3 Whatever it took to come up with 4 forms or shapes that were acceptable to the S customer 6 I know you didn't start with the 7 company until 1977 but if you can based on 8 your review of documents and your knowledge of 6 Q. I would like to focus in on the 7 time if I can on the time period 1950 to 8 1970 9 the company can you tell me what type of 10 business generally Rogers was in and if -- if 11 you can go back as far as you can I would 12 appreciate it 13 A. Okay 9 Okay 10 A. Okay 11 Q. You used a term -- I think you 12 called them something dice 13 I didn't write it down I'm 14 Rogers started out as the Rogers 15 Paper Manufacturing Company in Manchester 16 Connecticut and made paper board that would be 17 used inside of clothing items like collars 18 indicating and coattails and things like 14 sorry 15 A. Molding dice 16 Q. Molding dice Okay 17 Let's focus on that time period 18 if can 1950 to 1970 19 that 20 And around -- so it was paper 21 from 1832 Fibreboard very thin -- thin board 22 indicating sort of like the backboard on 23 your pad of paper 19 You will see sir I really have 20 very little knowledge how this is done so 21 treat me like a third grader if you can and 22 walk me through it 23 This molded dice -- what 24 That would be about the thickness 25 indicating It was not corrugated cardboard 24 facilities or facility was this molded dice 25 manufactured at | Page 29 PRIORITY COURT REPORTING SERVICES 718 983-1234 "8 Pages 26 to 29 Mark DeLassus 123tn A. Manchester Connecticut 123tn Q. Okay 123tn Again this is 1950 to 1970 am 4 focusing on S The Manchester Connecticut 6 facility -- did it -- it sounds like Rogers Page 30 1 hourly people and maybe as many as twenty 2 salaried people 3 Q. Was it a union shop if you know 4 during that time period 5 A. am pretty sure the union was in 6 there yes Page 32 ; 7 Corporation -- stop me if I am wrong -- had 7 Q. And do you know what the name of 8 more than one physical location or was this 8 the union was that worked there 9 the only physical location during that time 9 A. That was the International 10 period 11 A. There was more than one 12 Q. So was this particular facility 13 in Manchester Connecticut -- 14 Did it have a special name like 10 paperworkers union I think that's what it was 11 but it was the paper industry union 12 Q. Was this particular facility at 13 that time period broken up in any type of 14 divisions or departments if you know 15 manufacturing facility or was it just known as 16 Rogers Corporation 15 A. It was at that time probably two 16 departments 17 The one in Manchester 18 A. Well I don't know the name of it 19 at that time because at that time I believe 17 Q. And those two departments were 18 A. The paper machine department and 19 the extrusion department 20 that there were only two locations for Rogers 20 Q. Can you just give me an -- an 21 Corporation 21 appreciation of what each -- what the function 22 Whether they applied a name to -- 22 was of each department 23 to it other than the Manchester factory I 24 don't know 25 Q. Focus back on the Manchester 23 A. The paper machine department took 24 this paper pulp mixed with phenolic resin onto 25 a paper machine indicating and made sheets of Page 31 12 facility during this time period 12 Can you 11 can you give me the 3 actual address where this facility was located 4 The street or -- 5 A. Its its address is the corner 6 of Mill and Oakland streets 1 material approximately fifty inches wide 2 indicating by about seventy inches long 3 approximately depending on the grade and 4 eighth of an inch thick indicating 5 These were used in the printing 6 industry Page 33 7 Q. And is that facility still there 7 Q. Did . 8 today 9 A. Yes it is 8 Can you tell me how they were 9 used in the printing industry 10 Q. And if we drove there today and 11 looked for a name indicating what would -- 10 A. They were used for the making of 11 intermediates between the magnesium masters and 12 what would the name be today on that - on 13 that -- that building 12 rubber printing plates in flexographic printing 13 indicating 14 A. That's the factory that was sold 15 so it would have the name on it of Vyncolit 14 Q. And this material that was being 15 manufactured -- 16 Y 17 Q. Okay Back to the 1950/1970 time 18 period If you can how many people were 19 employed at this facility 16 Do you know if asbestos was a 17 component part of that material 18 A. I don't know what -- I don't 19 know -- 20 Now if it vacillated a lot 21 during that time period you can tell me but I 22 am just looking for your best estimate of how 20 Between 1950 and 1970 I don't 21 know when there was an introduction of 22 asbestos 23 many people were there at that manufacturing 24 facility 25 A. My guess would be about forty 23 Q. Do you know at any time during 24 that period -- 25 am just focusing on the paper SATION TS SSI ST POA i a etree eae rar 9 Pages 30 to ) PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 34 1 material at this point -- at any time was asbestos 1 2 ever a component part of that material 2 3 A. Yes 3 4 Q. Okay 4 5 And as you sit here today do you 5 6 know when -- 6 7 I think you just said you don't 7 8 know when Can you give me the best estimate 8 9 decade of the 50s 60s early 70s Do you 9 10 have any idea 10 11 MR CASIMIR Objection 11 12 MR SANTOMASSIMO Objection to 12 13 form 13 14 Q. you know 14 15 I am just looking for your best 15 16 estimate 16 17 A. couldn't guess very accurately 17 18 Q. Okay 18 19 And then the ex -- the ex -- the 19 20 extrusion department -- 20 21 Before I go to that department 21 22 was there any other material being manufactured 22 23 in that -- in the -- in that first department 23 24 = that you haven't told me about 24 25 A. No just paper Paper board 25 So at some time period there was conversion then from the molding dice to the -- to this molding compound is that fair to say A. Yeah Yes Q. Can you give me your best estimate on what decade that conversion took place A. 50s Q. Okay So let me ask you from this 1950 to this 1970 time period how many different grades of holding compound were being manufactured Hundreds Twenty Ten am looking for your best estimate A. Product names were probably twenty to thirty Q. Okay Out of those twenty to thirty -- and am just going to call it molding compound if I may Out of those twenty to thirty- thirtyis grades a fair term or should I call it something else Page 36 Page 35 Page 37 |: 123 Q. Let's go to the extrusion 12 A. Grades are fine 2 department 123 What was done there 12 Q. Okay 3 Of those twenty to thirty 4 A. Sometime in the middle 50s 4 different grades can you give me an 5 someone had the idea that instead of going to 6 the trouble of making these molding dice we 7 would just take -- take basically the same raw 8 materials and extrude them indicating through 9 basically a large meat grinder indicating 5 appreciation of how many out of those twenty to 6 thirty different grades contained asbestos as a 7 component part of that material 8 A. would say about a quarter 9 Q. And the ones - so we are going 10 with a die plate on it about this big 11 indicating ten to eleven inches in diameter 10 to break up my questions if I may sir and do 11 containing molding compound and 12 indicate and however many holes you could put 12 nonasbestos molding compound 13 into it depending on the size of the pellets 14 that you wanted to make indicating 15 So you would extrude the wet mass 13 Is that fair to say 14 A. Yes 15 Q. So about twenty percent of 16 of material through the die plate and then you 16 the end product coming out has asbestos and 17 would dry the pellets out in an oven 18 Q. And this end product just so we 19 are on the same page what was this commonly 20 known as 17 about seventy percent doesn't during that 18 time period and I appreciate that's just best 19 estimate 20 Is that fair 21 This end product being 22 manufactured Molding compound I am just 23 looking for -- 22 A. Molding compound 25 Q. Okay 21 A. Twenty percent of the grades 22 contained asbestos and the rest did not 23 contain asbestos 24 Q. Okay 25 Now this is a little different preety et SR ere ee Ae RCE TCE A RTO i ST 10 Pages 34 to 37 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus 1 question Page 38 1 The fiberglass grades were the Page 40 ; 2 What -- and I appreciate 2 majority 3 twenty percent of the grades had asbestos 3 Q. Let me focus my next questions on 4 seventy percent didn't 4 the containing molding compounds from 5 But if we had to add up all the 5 '50 to '70 again I am in that time frame 6 end product coming out what percentage of that 7 end product contained asbestos 8 MR SANTOMASSIMO Objection to 6 period 7 Can you give me an idea if you 8 know based on your review of documents and -- 9 form 9 and historical review of -- of this case who 10 Q. The reason I am asking the 10 some of the customers were if you know of 11 question is I am assuming some grades were 12 more popular than others 13 Do you understand where I am 11 Rogers 12 Who did they sell to 13 A. 50s 14 going with this 15 A. understand the question 16 Q. Okay 17 A. Unfortunately I can't tell you 14 Q. 50s to 70s 15 am looking for a list as best 16 as you can tell me 17 MR SANTOMASSIMO Can you read 18 which one was the most popular at the time 19 Q. Can you tell me this 18 the question back please Cheryll 19 THE STENOGRAPHER Sure 20 Was containing molding 21 compound more popular than the asbestos 22 molding compound 23 A. For the 50s I couldn't -- 20 Record read 21 MR SANTOMASSIMO John I an 22 going to object 23 We are here to talk about the 24 I couldn't tell you that because 25 the products originally came out of the paper 24 Hill case and Die Molding facility not -- not 25 every customer that -- that Rogers had during Page 39 Page 41 1 market which didn't have -- wasn't an 1 the time period -- that even goes beyond the 2 asbestos industry 2 time of Mr. Hill's employment or -- the time of 3 So there were cellulose grades 3 Mr. Hill's employment at Diemolding Let's 4 that were the first products made in the 5 extrusion department -- 6 Q. Let me -1 7 A. -- which would be like cotton 4 focus on Diemolding 5 MR COMERFORD My concern and 6 this has really been the history of the case 7 management order is when you depose a 8 cotton with phenolic resin 9 Q. Same question for the 60s 8 corporate representative you don't cherry pick 9 just for that specific case and that specific 10 Can you answer that one whether 10 site 11 the containing molding compounds were 11 You are really forced to do it in 12 more popular or less popular than the 13 asbestos molding compounds 14 A. I would think in the 60s they -- 12 a global nature Otherwise we're -- as much 13 as enjoyed meeting everyone in this room we 14 are coming back to Fishkill New York every six 15 there was 13 there was a good chance they were 16 about equal 17 Q. Same question for the 70s 18 Do you know which one -- did one 19 start to become more popular than the other 20 the asbestos versus the nonasbestos 15 months to then do another job site 16 I am not going to focus on these 17 other job sites You will see I am going to 18 move on real quick 19 I need to find out -- a number of 20 reasons -you -you know if he tells me for 21 A. The total factory by the 70s had 22 started to evolve towards fiberglass so 21 example that -- you know a particular 22 defendant was the great majority -- or customer 23 essentially neither the asbestos nor the -24 the cotton type materials was the majority of 25 what was made 23 24 = 25 was a great majority of where their work went that's highly relevant product ID and what have you a a Oat 7 MEE rE OOS a REA AR sapere cor, 11 11 Pages 38 to 41 ) PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 42 12 MR SANTOMASSIMO Not for the 1 A. - electric switch or something 12 case 2 Q. Would you agree that Diemolding 3 MR COMERFORD Sorry 3 in Canastota New York then is a custom 4 MR SANTOMASSIMO Not for the 4 molder Page 44 |: - 5 Hill case 5 Is that fair 6 MR COMERFORD What if he tells 6 A. Yes 7 me the biggest customer for example was Die 8 Molding during that time period 9 MR SANTOMASSIMO It's not 7 Q. Okay 8 I am just looking if you know 9 from 1950 to the 1970s I will limit it to the 10 relevant to the Hill case because Mr. Hill 11 wasn't working there during that time period 12 MR COMERFORD He wasn't working 13 at Die Molding from 1950 to 1970 14 MR SANTOMASSIMO 1950 to 1960 10 northeast who some of the customers were of 11 Diemolding -- were of Rogers 12 MR SANTOMASSIMO For phenolic 13 resins we are talking about 14 MR COMERFORD For 15 I said let's focus on the Die 16 Molding facility during the right time period 17 What I am telling you John is I 18 am -- I will give you leeway but I am not --. 19 MR COMERFORD am not going to 20 spend a whole lot of time on other job sites 21 I just want to get an appreciation of what 22 their customer base was 15 containing molding compounds 16 A. There are a lot of names of 17 companies that I have seen but since those 18 companies were no longer customers by the time 19 became involved most of them I plain -20 simply don't -- don't recollect because they 21 were like -- that was like meaningless 22 information to me and most of those 23 What if their customer base was 24 limited to Alaska I don't know until I find 23 companies -- 24 Before the advent of the custom 25 out 25 molders the OEMs did their own molding so Page 43 Page 45 1 MR SANTOMASSIMO Well let's l that by the time I was personally involved the 2 find out 2 companies like Western Electric or something 3 MR COMERFORD I am just 3 like that -- 4 trying to get an appreciation of where they 5 sold 4 They had stopped doing a lot of 5 the molding themselves and had pushed them out 6 MR SANTOMASSIMO We will tread 6 to the custom molders by say - 7 lightly 7 About '65 a lot of the OEMs were 8 9 that MR COMERFORD I can appreciate 8 not molding anymore 9 Q. And let me ask you this 10 Q. Sir I will limit my questions to 11 custom molding shops 10 Do you know any names of custom 11 molding companies as you sit here today in the 12 Do you know what a custom molder 12 Northeast that Rogers would have sold directly 13 is Do you know that term 14 A. I know what I call a custom 13 to from 1950 to 1970 14 A. I think it's pretty clear that 15 molder 15 we -- we sold to Diemolding 16 Q. Tell me what you -- what a custom 17 molder is under your analysis 18 A. Custom molder is only molds . 16 We sold to Chicago Molded 17 Plastics We sold to Harvey Hubbell We sold 18 to Butterfield Plastics We sold to Shaw 19 they like buy the plastic materials and they 20 only mold and the product they sell is usually 21 shipped on to more what you would call an OEM 22 and then the OEM makes it into no you know 19 Plastics 20 We sold to -- just -- I am really 21 fishing here for the names 22 Norton Plastics and things like 23 whatever the device is 23 that 24 A telephone or -- 24 Q. Focusing again in the same time 25 Q. Would you -- 25 period '50 to '70 the containing te ee net rectnnret eee Le ee eT TT Be ee 12Page4s2 to 45 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 46 Page 48 F 1 plastic molding compound manufactured by 2 Rogers as you sit here today do you know 3 ultimately what some of that plastic molding 4 compound was being used for whether it be 5 kitchenware -- I'm just looking generally now 6 Kitchenware automotive industry 7 Can you give me an appreciation of what the 8 containing plastic molding compound 9 was going to end up as 10 A. Rogers was a producer of the 11 specialty engineering grades of phenolic 12 molding compounds and was not a producer of 13 general purpose or -- or sometimes called the 14 mineral phenolic molding compounds 15 And so as a consequence of that 16 the prices of Rogers materials were two to 17 three times the prices charged by other 18 companies per pound so Rogers did not 19 participate into the household appliance market 20 where some of the least expensive materials 21 were used 22 Our products ended up into like 23 electrical switches or electrical commutators 1 indicating 2 Q. Okay 3 Sir I am going to go back to 4 what you called the -- the extrusion 5 department 6 During the 1950 to 1970 7 department -- 1950 to 1970 time period can you 8 give me an idea of how many employees would be 9 in that department working 10 A. I would say about fifteen 11 Q. Okay 12 Okay and can you tell me what 13 the title would be of someone who would work in 14 that department 15 I think your testimony earlier 16 was it was a union shop so I assume these 17 people had specific job specifications if you 18 know 19 A. There were -- one was a premix 20 operator 21 That's the person that took the 22 raw materials and weighed them and mixed them 23 Then out of the mixer it went into the 24 for electrical motors 24 extruder so then there was an extruder 25 Something that had mechanical a 25 operator's job to run the extruder and then to Page 47 Page 49 123 thermal or an electrical performance 2 requirement 123 Q. And the electrical switches you 4 just talked about was that mostly for 1 dry the products through the oven indicating 2 Then after that there was a 3 blender operator took the dry pellets and 4 dried 11 and blended them in the -- what's 5 automotive or moment use or what kind of use 5 called a twin cone indicating blender 6 A. It would be like the Western 6 That's where the wax coating was 7 Electric kind of thing or a Square D kind of 7 put on the pellets and stuff like that to keep 8 thing 9 Q. Can you -- 8 them shiny 9 Q. you could take me through the 10 When you say -- just because I 11 don't have a good knowledge of this as you can 12 tell Western Electric -- 13 What do you mean by the Western 14 Electric thing 15 A. Western Electric was the 10 same analysis you just did I am looking for an 11 appreciation for example of how large the 12 mixer was and some of these other pieces of 13 equipment you just identified if you can just 14 give me your best estimate 15 Was it something the size of a 16 manufacturing arm of the Bell Telephone system 17 They made all of the switch gear and all of the 18 telephones 19 Q. Okay 20 And just so we are clear the 21 molding compound manufactured by Rogers was 22 used in what way for Western Electric 16 cereal bowl Was it something the size of a 17 gallon drum 18 I just need an appreciation of 19 the sizes of these various pieces of equipment 20 A. The primary premix machine was a 21 sigma blade mixer and the size of the sigma 22 blade mixer was about six feet by six feet by 23 A. I believe that it was used in 24 terminal strips and sometimes ina little 25 indicator block inside the telephone 23 six feet indicating 24 Kind of a big cube and inside 25 were two sigma blades that -- that mixed like 7s RS MSGR LT A CROC 7 ORD SAE 20 EBA PRRGOET TS ES RRC TTS maT OS SS SAR ROR RCTS Ct 13 Page46 sto 49 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus 123 _ this -- to mix up all the materials 123 Informal discussion held off the Page 50 1 2 3 record 3 4 Q. And how many --- can I call them 4 5 mixer men 5 6 How many people would be on that 6 7 equipment when it was being mixed 7 8 A. One 8 9 Q. And how much equipment would 9 10 actually be in the mixer that was being mixed 10 11 A. How much equipment 11 12 Q. sorry How much material 12 13 A. About one thousand pounds 13 14 Q. And how long would it take 14 15 generally to run that mixer 15 16 A. About -- 16 17 You are asking what the through- 17 18 put of the line was 18 19 Q. Correct 19 20 A. I would say that the throughput 20 21 of the line was -- at that time was probably two 21 22 hundred and fifty pounds per hour 22 23 Q. Okay 23 24 And then after it was mixed 24 25 where -- what type of equipment would -- would 25 Q. Take me to the extruder What did the material look like at the end of the meat grinder A. The material was made -- It was extruded out indicating and cut into pellets so the pellet was the diameter of the hole which was typically like 5/32 of an inch From an eighth of an inch up -- a little higher so 4/32 5/32 6/32 of an inch in diameter and it wasn't very precise on the length of the pellets but it could be like a quarter inch long or as long as 3/8 of an inch Q. Ultimately would this material be packaged in some way for sale A. It would go into -The material would go -- all these pellets would go in -- through the dryer into the blender In the blender the coatings were put on The polyethylene wax was put on and then out of the bottom of the blender the material was weighed into -- most of the time cardboard boxes And if not cardboard boxes it Page 52 fF 1 the plastic molding compound go to next 2 A. It would be dumped out and screw 3 fed to the extruders 4 Q. And can you just give me an 5 appreciation what the extruders looked like 6 The size of it 7 A. Well the die plate as I said 8 was about ten to eleven inches in diameter 9 indicating 10 Q. Okay 11 A. The length of the extruder was no 12 more than two feet indicating It had a 13 hopper -- a little hopper opening at the back 14 end indicating 15 Material would come through with 16 big screw The screw would push it against 17 the die plate indicating and there was a 18 cutter knife that would -- that would clip off 19 the extrusions just like a meat grinder at the 20 butcher shop 21 Q. How would the material be 22 transferred from the mixer to the extruder 23 A. Sometimes in barrels but most of 24 the time by just a screw logger phonetic 25 would just move the material across the room Page 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would be those fiber drums with the metal -- Page 53 | metal -- metal bottom ring indicating and the metal top ring Q. And these drums -Again 1 am just focusing on containing molding compound These drums -- would they be labeled in any way Some identifying mark in some way shape or form A. believe that it would just have the grade name ~~ Rogers Corporation the grade name the weight indicating Q. Were these gallon drums or what was the size of them A. No. They were -- they were -- I'm not sure what the -- We didn't use drums when I started there I only know drums from how other people maybe sold us raw materials indicating And then people would say Well we used to use drums but we don't anymore so they were probably like thirty -- gallon drums IRS STEAR ESIC aa sr rere reason aren rons Cape eperre reese Bs PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus 1 Q. As you sit here today do you Page 54 1 described - Page 56 |. j 2 know either way how this was packaged or your 3 best estimate from the '50 to '70 time period 4 A. In the 60s many cardboard boxes 5 were used 6 Q. Okay 7 A. Whether it was exclusive or not 2 The paper machine is a totally 3 water based system where we are dealing with 4 paper pulp resin and at times an asbestos 5 material so it was always more or less inside 6 the water slurry so there really wasn't any 7 dust 8 can't say 9 Q. Do you know how the molding 10 compound materials were shipped from 8 And the extruded products inside 9 that sigma blade mixer indicating -- there 10 was -- there was water added to make the 11 Manchester Connecticut to a customer 12 A. Common carrier 13 Q. And do you mean -- 14 Was there a particular common 15 carrier that you would use if you know 11 material of a consistency indicating and soft 12 enough that when it went through the extruder 13 you could actually make pellets -- pellets out 14 of and not just have dry material go in and 15 dry material kind of like fall out the front 16 A. don't -- I don't think -- 16 indicating 17 I don't know and there was no 17 So both processes used a 18 specific contract that Rogers would always use 19 one company 18 considerable amount of water and that's why 19 you had to dry the pellets after you extruded 20 Q. any time period at any part 20 them 21 of the plant that was processing or using 22 asbestos in some way at the Manchester 21 Q. Well my -- my question is this 22 though 23 facility were any measures at any time ever 23 Was any process -- anything ever 24 taken to keep dust down 25 MR SANTOMASSIMO I will object 24 put in place by Rogers Corporation -- to reduce 25 dust at the Manchester facility 1 to the form 2 Could you be -- would you Page 55 1 2 form Page 57 , MR SANTOMASSIMO Objection to 3 rephrase that question 4 MR COMERFORD No I will have 5 the court reporter read it back if she would 6 be kind enough 7 THE STENOGRAPHER Sure 8 Record read 9 Informal discussion held off the 10 record 3 Q. Was any process taken whether it 4 be some industrial hygiene measures 5 ventilators waterdowns masks given to 6 employees 7 Any process at all to reduce dust 8 to employees 9 MR SANTOMASSIMO Objection to 10 form 11 MR SANTOMASSIMO Are you 11 You can answer 12 referring to some particular type of dust 12 A. Sometime -- sometime -- I don't 13 Isis Isis Isis the question -- is the 14 question phrased the way you want it to be 15 MR COMERFORD It is I will 13 exactly know when but at some -- at some point 14 in there Rogers installed dustex phonetic bag 15 houses to remove particulates from the air 16 rephrase it 17 Q. Was there any measures -- 16 Q. And what area of the plant was 17 that sir 18 What measures if any were ever 18 A. Well not for the paper machine 19 put in place by Rogers Corporation to reduce 19 Only -- only at that time for the extrusion 20 dust in the workplace 20 department 21 A. Okay 21 Q. Okay 22 MR SANTOMASSIMO Assuming that 22 So the extrusion department -- 23 there was dust 1222 some type of device was set up to assist in the 24 A. Yeah you have to take -- keep in 24 removal of particulates in the air 25 mind that both Rogers process lines that I have 25 Is that fair to say Te Tene ay te ere Drew NTT eee "15 Tavira Pages 54 to 57 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus 1 A. That's true 2 Q. Okay 3 Do you know what decade that was 4 put in place 5 A. No I don't 6 Q. Do you know why that was put in 7 place 8 For what reason 9 A. can I can -- 10 I can only make the same kind of 11 guess that a lot of people would make but I 12 don't actually know what anybody discussed 13 about it 14 Q. Well sir was that particulate 15 air removal system -- was that put in before or 16 after you started in 1977 17 A. Before 18 Q. Do you -- can you give me an 19 appreciation how far before 20 How much before you started An 21 hour before 22 A month before A decade before 23 A. Ten to fifteen years before 24 Q. Okay 25 So you think sometime by 19 -- Page 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 If you know A. I think it was put in to remove particulates from the air Page 60 |; : Q. Would you agree with me though that one of the particulates that were generally were -- that Rogers was concerned about was asbestos form MR SANTOMASSIMO Objection to Q. you know A. All All of the particulates taken as a group was what Rogers at that point in time would have been attempting to reduce in the air Q. And you would agree that asbestos would be one of those component particulates MR SANTOMASSIMO Objection Q. You can answer sir Would -- would you agree with me that asbestos was one of the -- A. It was part of the formula yeah Q. Okay And sir we have talked about asbestos being a component part of -- of about Page 59 123 approximately about 1960 to '65 it was put in 1 twenty percent of the plastic molding Page 61 |. 123 A. Sometime -- 2 compound material that was being manufactured 123 Sometime right in there I would 3 by Rogers from 1950 to about 1970 correct 4 say that the technology was available to do 4 sir 5 what you had to do 6 Q. And were one of the types of 7 particulates what Rogers was trying to reduce 8 or keep down -- 9 Did that include asbestos 10 MR SANTOMASSIMO Objection 11 He's already said he wasn't 12 present 13 He didn't know Right 14 MR COMERFORD He did but 15 based - 16 You know this is the corporate 17 representative you have tendered for a 18 deposition and if he doesn't know he doesn't 5 A. Right 6 Q. As you sit here today do you 7 know what types of asbestos fibers were 8 utilized by Rogers in their plastic molding 9 compound material that was sold 10 By types of fibers and I will 11 give you specific examples I mean chrysotile 12 amosite crocidolite 13 That's what I mean by type of 14 fiber just so we are on the same page 15 A. The vast majority was chrysotile 16 Q. don't think I asked 17 percentages but you -- you just jumped ahead a 18 little 19 know but -- 20 Q. From your review of documents and 21 your historical review of this case do you -- 22 Do you know whether or not this 23 air particulate system was put in place to 24 assist in the removal of asbestos from the air 25 at the Rogers facility 19 So you are saying the great 20 majority was chrysotile but was some 21 crocidolite the African blue fiber also used 22 by Rogers 23 A. I personally don't know of the 24 use of crocidolite prior to about 1975. That's 25 my personal knowledge of crocidolite in the -- erasers = Es DORR set PRIORITY COURT REPORTING SERVICES 718 983-1234 aaa etme: 16 Page5s8 to 61 Mark DeLassus 1 in the company Page 62 | from 1960 to 1966 Page 64 f 2 Q. But you would agree with me that 3 Rogers Corporation did sell and distribute a 4 plastic molding compound with the Code No. 462 5 would you agree 6 A. Yes they did 7 Q. And you would agree with me that 8 462 was made up of two types of asbestos 9 fibers 10 Chrysotile and what would be -- 11 what would be the other type that made up 462 12 A. Crocidolite 2 Can you tell me 3 A. That exhibit D says that Rogers 4 sold 462 to Diemolding indicating 5 Q. Okay 6 As you sit here today would you 7 agree with me that 462 as far as you know 8 always contained -- as far as you know by . 9 you know I mean your historical review of the 10 documents in your knowledge of being an 11 officer of this corporation that 462 contained 12 two types of asbestos fibers 13 Q. Okay 14 And can you give me an 15 appreciation of 462 what -- 16 We will say from 1950 to 1970 as 17 you best you can what percentage of Rogers 13 Chrysotile and crocidolite 14 MR SANTOMASSIMO If you know 15 A. Yeah well I only know -- 16 I have only seen the formula for 17 462 for the 70s 18 containing molding compound that was 18 Q. Who here -- 19 sold was made up of the 462 20 A. Well first of all my knowledge 21 of the crocidolite was -- was actually in 462 22 was my perception is that the larger 19 Who alive today would have 20 personal knowledge about 462 back in the 50s 21 or 70s alive today 22 A. I don't -- I don't know if there 23 application for 462 started in the mid 24 So prior to that if it was used 23 is anyone alive today that would have that 24 information 25 it was in very -- you know 462 may be -- 25 Q. Do you 1 maybe even if it existed back then -- I 2 personally don't know 3 I know that -- I saw it in the 4 deposition but that doesn't mean that I -- S that I can say that I have seen records back 6 there myself 7 And it would have been a very 8 small part of the product line and certainly 9 except for these -- this one application in the 10 70s it would have been -- 11 It would have been under one 12 percent 13 Q. Who 11 and sir let's -- let's 14 take this right to the -- the case we have 15 here 16 I understand that you have 17 reviewed DeLassus 1 which are answers to 18 interrogatories given some time ago in a case 19 called Clark 20 And in that case sir can you 21 tell me based on your review of that 22 interrogatory whether 462 was sold to 23 Diemolding during that time period the time 24 period -- and I will be happy to show you the 25 exhibit specific -- it's Exhibit D here 19 -- Page 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Have you looked at formulations or specifications of 462 in the past at any time Page 65 : MR SANTOMASSIMO Could you rephrase -- or read that back please Cheryll Record read A. SANTOMASSIMO Thank you A. Yes Q. Okay And that's something you would have done before this case I assume A. As part of my job for many years Q. Okay At any time have you ever seen any formulation for 462 that did not include crocidolite in any part A. Formulas for 462 that I sold saw -- did contain crocidolite Q. Okay Just so we are clear you are not aware of any formulation at any time that did not include crocidolite Is that fair to say A. I prefer to word that in positive frame PRIORITY COURT REPORTING SERVICES 718 983-1234 17 Pages 62 to 65 Mark DeLassus Page 66 Page 68 - I can only say what I saw 2 Q. Let's focus on what you saw 1 asbestos and twenty percent was crocidolite 2 asbestos 3 When you saw a formulation for 4 462 did it always include crocidolite as a 3 Does that jell with your memory on 4 the documents you have seen concerning 462 and 5 component part 5 those formulas 6 A. Yes 6 A. That would be approximately 7 Q. If was going to accompany you 7 correct 8 back to the Rogers plant today and I don't 8 Q. And over time -- at any time - 9 think Mr. Santommasimo would welcome that 9 did those percentages of chrysotile versus -- 10 would you be able to show me some type of 10 versus crocidolite change in any way 11 specification that said this 11 A. Generally -- 12 Is there something that -- a 12 Generally -- in the -- in the 13 drawing a recipe of some type -- some type of 13 time period that I am familiar with only two 14 document that shows that 14 or three percent plus or minus 15 MR SANTOMASSIMO That said 15 Q. Okay 16 what 16 And sir can you tell me if what 17 MR COMERFORD That 462 included 17 companies did Rogers actually order its 18 chrysotile and crocidolite as a component part 18 asbestos from whether it be chrysotile or 19 of the product 19 crocidolite 20 MR SANTOMASSIMO Object to the 20 A. -- don't want to get into 21 form but it's been asked and answered He 21 like the distributors but like the miners or 22 said the formula he has seen pertains to the 22 the -- the manufacturers would have been like 23 1970s only 23 Carey or Cassiar those kinds of companies 24 You are asking him to prove 24 Q. And have got answers to 25 something that goes beyond his knowledge 25 interrogatories here sir and I am going to 1 I object to the form of the 2 question 3 MR COMERFORD I haven't -- 4 my -- my question though didn't focus on S time frame yet 6 am going to break it up if I 7 get an answer but -- 8 Q. I guess my question to you is 9 this 10 Are there formulas back at the 11 Rogers facility that indicate what percentage 12 of the product contained chrysotile and what 13 percentage contained crocidolite 14 A. There were formulas but Rogers 15 sold that particular factory 16 Whether Rogers has all the 17 formulas at this stage of the game I don't 18 know 19 Q. If 20 A. I personally have not seen a 21 formula in a couple of years 22 Q. Now the answers to 23 interrogatories this DeLassus , indicate for 24 462 -- and I will be happy to show it to you -- 25 that thirty percent was chrysotile Page 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 222 24 25 Page 69 see if this refreshes your recollection As I am looking for them I will try to remember but I think one of the distributors if remember correctly was North American Asbestos Corporation Do you remember that as a company that sold to -- that sold asbestos to MA I'm sorry -- to Rogers Corporation Does that name ring a bell to you MR CASIMIR Can I get that question read back Record read Informal discussion held off the record THE VIDEOGRAPHER Off the record at 11:25 a.m. Recess taken at 11:25 a.m. Resumed at 11:39 a.m. THE VIDEOGRAPHER Stand by are back on the record We a.m. The time is approximately 11:39 Q. Sir John Comerford here again Sir I want to hand you what has Se ee eee 18 Pages66 to 69 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 70 1 been marked as DeLassus 3 and this is page 13 1 Q. Okay Page 72 , 2 of interrogatories that were answered in this 3 case 2 Next question is Associated 3 Mineral Corp. That's listed there Do you see 4 And the question is if the 4 that 5 defendant -- strike that The answer is 5 A. Yes 6 Rogers has purchased asbestos from the 6 Q. Have you ever seen that name 7 following 8 From the following -- I'm sorry 7 before 8 A. don't recall seeing -- 9 My Buffalo accent is coming through in the 9 Other than Manville which 10 list for companies 10 is the fourth one I don't consciously 11 Can you look at that am 11 recognize any of the three names that are -- other 12 giving it to you to see if it refreshes your 13 recollection as to who Rogers purchased raw 12 three names that are listed 13 Q. Are you able to as you sit here 14 fiber from 14 today let's say from the 1960 to 1970 time 15 Sir my question is this As you 15 period give me some indication on who the 16 sit here today do those appear to be a portion 17 of the companies that Rogers purchased raw 18 asbestos fiber from 16 principal seller was percentages to each 17 Are you able to do that in any 18 way shape or form 19 MR SANTOMASSIMO Objection to 19 MR SANTOMASSIMO Principal 20 form 20 seller of what 21 Mischaracterizes the witness 21 MR COMERFORD Raw asbestos to 22 earlier testimony 23 MR COMERFORD Yeah I am using 24 this though to test his recollection 25 We will take these one at the 22 Rogers 23 A. The principal -- 24 Again some companies were 25 distributors and some companies were 123 time Page 71 Page 73 |- 1 manufacturers so my information would be as -- 123 Q. Sir who is the first company 123 that Rogers listed there 4 Who was the first company that 5 indicates that they purchased raw asbestos 6 fibers from 2 Well whose name was on the 3 plastic -- the paper bag that the asbestos came 4 in don't S I don't recall on this list 6 other than Manville -- Manville -- 7 A. says North American Asbestos 8 Corp. 9 Q. Now are J- do you know that 10 company 11 Have you ever heard of that 12 company Would -- these are answers to that 13 were given by Rogers in this case 14 A. Yeah -- 15 Q. Okay Do you 16 A. My recollection is that I didn't 17 focus on the names of the companies 18 I just focused on there was an 19 asbestos supplier from Chicago 20 Q. Okay but that wasn't my 21 question 22 My question is this Do you -- 23 have you ever heard of that company North 323 American Asbestos Corporation 25 A. Actually no 7 name being on the bags 8 Q. Do you know who would have 9 personal information about this sir and 10 specifically the suppliers of the raw asbestos 11 who that person would be 12 A. I- 13 I don't know if anybody is alive 14 who could answer that specific question 15 Q. Do you know how my -- the answers 16 to these interrogatories were arrived at What 17 people were contacted 18 You know how did those answers 19 get there 20 A. I don't know about this one 21 specifically but Mr. Raphaelson generally led 22 the -- the development of the answers to the 23 interrogatories and he interviewed I would 24 say a very small M small group of people two 25 or three to get his answers and PRIORITY COURT REPORTING SERVICES 718 983-1234 19 Pages 70 to 73 Mark DeLassus Page 74 Page 76 1 Q. Those two or three people would 2 be whom sir that Mr. Raphaelson would meet 3 with if you know 4 A. Well Dave Heilemann who had 1 on microfiche 2 Q. As you sit here today do you 3 know if they exist 4 A. I don't know where they are or 5 access to some of the records 6 And then there were a couple of 7 people at Manchester that aren't living 8 anymore 5 anything about them 6 Q. Sir when the -- 7 When the portion of the Rogers 8 Corporation was sold to this -- I think you 9 Q. And those people that aren't 10 living anymore -- 11 Do you know their names 12 A. Walt Hayes 13 Q. Anyone else 14 A. am not sure if Curly Maron is 15 living or not Curly Maron M 9 said Swedish company 10 A. Nodding 11 Q. Do you know what documents if 12 any Rogers maintained we will say for 13 purposes of litigation 14 A. I don't know if Rogers maintained 15 anything they didn't already have in their own 16 I don't know if he is living or 16 hands 17 not 17 Q. And for purposes of litigation 18 Q. When was the last time you spoke 19 with Mr. Maron Christmas party Some kind of 20 retirement function 18 what type of documents if you know any 19 did Rogers maintain for purposes of litigation 20 when this transaction took place 21 A. He -- Mr. Maron is the -- plays 22 the role of the Santa in the Mountain Hilltop 21 A. I don't know that Rogers -- most 22 of their records were retained for financial 23 cabin at the big park in Manchester 24 So he is like the Santa for the 23 and income tax records 24 I don't know that Rogers retained 25 whole area and that's the last time I spoke to 25 anything specifically for purposes of Page 75 Page 77 1 him and that was about fifteen years ago 2 Q. So my guess about a Christmas 3 party was pretty close 4 A. Pretty close 5 Q. Sir in looking at this list are 6 you able to -- and the names of North American 7 Asbestos Corporation Associated Mineral Corp. 8 Special Materials Inc. Manville -- 9 Looking at that list do you know 1 litigation indicating 2 Q. am going to check my notes 3 You indicated that there was a -- 4 the sale to this Swedish company took place 5 sometime in 2002 6 Is that correct 7 A. That's correct 8 Q. Now at that point as you sit 9 here today do you know whether there were -- 10 which companies if any were suppliers of 11 crocidolite 10 there were any depending asbestos personal 11 injury or wrongful death claims pending against 12 A. I believe the supplier of 13 crocidolite was a Chicago company but again I 14 didn't focus on the name of the company 12 Rogers at the time of that transaction 13 A. They don't generally give me a 14 laundry list of all the cases 15 Q. Okay 16 Sir in one of the answers to 17 interrogatories I reviewed in this case and 18 if I have to I can pull it there is an 19 indication that the sales to Diemolding how 15 I suspect that there might have 16 been one or two but I don't know the names of 17 the parties 18 Q. Are you aware if there's any 19 communications that took place amongst anyone 20 much and when was derived from the review of 21 microfiche 22 Are you generally aware of that 23 A. heard someone say that there 24 were records on microfiche 20 that said okay something along these lines we 21 better gather up these documents for future 22 cases now that we have sold that -- the molding 23 division 24 Any kind of -- any communication 25 I have never seen those records 25 about retention of documents in -- in that way F508 eo ES Or OE RD sd 20 Pages 74 to 77 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 78 Page 80 |: 1 A. think simply from the 2 standpoint of -- of searching what was 3 house and maybea little segregation just 4 so that it would be easier look for things in S the future but that's it 6 Q. Sir I also -- 7 In reviewing for this case I see 8 that Diemolding manufactured some products 9 themselves -- themselves which they would then 10 sell 1 John I think we are having a 2 hard time how you are using by finished 3 product 4 MR COMERFORD Well let me make 5 it little easier 6 I'll make it a little easier 7 MR SANTOMASSIMO If this 8 helps - 9 MR COMERFORD Right 10 MR SANTOMASSIMO -- tell me if 11 Is that fair to say that 12 contained asbestos 11 am wrong 12 For purposes of Rogers Rogers 13 MR SANTOMASSIMO Sorry John 13 considered its finished product to be molding 14 Could I -- Cheryll could you just read the 15 question back 16 THE STENOGRAPHER Sure 17 Record read 18 MR SANTOMASSIMO If you know 14 compounds 15 That was a raw material to 16 somebody like Diemolding 17 Q. Did Rogers manufacture anything 18 that contained asbestos other than plastic 19 A. The question is not -- not 20 totally clear 21 MR COMERFORD Let me rephrase 22 it 19 molding compound 20 A. Other -- 21 Other than the pellets and the 22 paper machine products Rogers did -- to my 23 It was a poor question 24 Q. Did Rogers manufacture finished 25 containing product 23 knowledge did not make any containing 24 production products 25 Q. Sir what about gaskets Did Page 79 1 A. Rogers or Diemolding 2 Q. Rogers 3 A. Manufacture our products that 4 contained asbestos 5 Q. That were a finished product 6 not- not- 7 am not talking about -- 8 A. Finished product 9 Q. Molding compound Actual 10 finished product 11 A. No. 12 Rogers did not make finish -- in 13 the finished product -- in the form of did we 14 mold our -- our pellet products into something 15 molded no 16 Rogers did not do that as a 17 business 18 Q. That wasn't really my question 19 My question though was this 20 and I can have it -- 21 Did Rogers manufacture an 22 containing finished product That's 23 my question 24 MR SANTOMASSIMO am going to 25 object to the form Page 81 | 1 Rogers make any gaskets 2 A. Gaskets are containing 3 products made on a paper machine 4 Q. Okay so we are just having a -- 5 okay 6 Just so we are on the same page 7 think we are just having a -- a 8 miscommunication 9 This fiber -- this paper 10 product -- can you give me some uses for it 11 that contained asbestos that was manufactured 12 by Rogers 13 A. Rogers had two facilities the 14 one in Manchester and the one in Rogers Each 15 facility had paper machines 16 The paper machine in Manchester 17 made the product I described before which was 18 fifty by seventy eighth of an inch thick 19 indicating 20 And that was for use in -- as an 21 intermediate in the making of flexographic 22 printing plates 23 The products at the Rogers 24 location were involved in the gasket materials 25 Q. And those gasket materials -- 21 Pages 78 to 81 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 82 123456 Just so we are on the same page 123456 what would they be used for Automotive 123456 industry Pipes 123456 Just give me an idea generally 123456 speaking if you can 123456 A. My expertise to that -- to that 7 particular application is very limited and 8 that -- I would -- 9 I would just say that Rogers did 10 have containing gasket materials 11 Q. Did Rogers manufacture those 12 containing gasket materials for other 13 people which would then be relabeled under a 14 different name 15 A. I don't have knowledge of that 16 Q. Do you know what percentage of 17 asbestos were -- was in this gasket material 18 if you know 19 A. don't know 20 Q. Do you know whether chrysotile or 21 crocidolite were used in these gasket 22 materials 23 A. I don't know 24 Q. Is there anyone alive today who 25 would have answers to that information Page 84 | 1 microfiche is in existence today 2 A. don't know 3 Q. Do you have any knowledge as you 4 sit here today on whether are not some of that 5 microfiche was disposed of at some time 6 Some -- I am looking for any 7 information you have -- may have on retention 8 policies 9 A. don't know of -- I don't know 10 that anything was disposed of 11 Q. Okay 12 So you just don't know either 13 way is that fair to say 14 A. About the microfiche I don't 15 know really -- I don't really know anything 16 other than I was told that there was microfiche 17 at one time 18 Q. And who told that you What 19 person 20 A. I believe it was Dave Heilemann 21 Q. Okay 22 Sir during the 1950s 60s or 23 70s are you aware of any salesmen for Rogers 24 Corporation 25 And by salesmen I will limit it Page 83 Page 85 1 A. suspect that there might be one 23 or two people yeah 23 Q. And can you give me their names 4 please 5 A. believe that Barry Widegren 12 to this Salesmen for the plastic molding 2 materials 3 A. am am aware of quite a few 4 salesmen 5 Q. Can you give me the names of 6 is 6 those salesmen please 7 Q. Can you spell that 8 A. W 9 Q. Anyone other -- other than that 10 gentleman 11 A. He is the only one that I know 12 of 13 Q. Okay 14 And sir I think we testified 15 earlier -- stop me if I am wrong - that there 16 were some microfiche in Rogers possession 17 years ago which sold -- which indicated where 18 Rogers sold its plastic molding compound to 19 Is that fair 7 A. George -- 8 You want the ones that are alive 9 or the ones that are M what 10 Q. Just give me the names first and 11 why don't we break it up between the ones who 12 are with us and the ones who have left us 13 A. Rogers had a -- what was what -- 14 what was called a national sales group so that 15 there might have been salespeople that spent 16 less than five percent of their time selling 17 molding compounds twenty percent of their time 18 selling gaskets fifty percent of their time 19 selling electric circuits or something like 20 A. I said that I heard about 21 microfiche 22 I never saw them and I actually 23 don't know what was on them 24 Q. Do you have any knowledge -- 25 personal knowledge -- on whether that 20 that so -- 21 And Rogers probably had two 22 hundred salespeople at least in -- in that 23 time period so you -- you want ones that were 24 like most - majority of their time was spent 25 selling molding compounds or what Tana ee a ET COPE Cre 3 Tt POPE NOT SS MA BSS ETO re TTT ae TE 22Pag82eto s85 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 86 Page 88 | I Q. Why don't you give me the ones 2 that you believe had some connection to 3 Diemolding if any 4 And by Diemolding I will say 5 the Northeast for plastic molding compounds 6 Is that fair 7 A. Okay 8 Q. Thank you 9 A. In the time period the 50s to 10 the 70s I believe there was one sales 11 engineer George Smith 12 At the end of the 70s there 13 would have been a second one John Witkewicz 14 Q. Can you spell that last name 15 A. W 16 Q. Anyone else other than Mr. Smith 17 and the second gentleman 18 A. In the time period no 19 Q. I saw an indication that 20 Mr. Smith has passed away 21 Is that fair to say 22 A. That's what I understand 23 Q. What about the second gentleman 24 he still with us 25 A. I believe he is alive 1 Okay and did you actually see 2 him that day and talk to him a little bit 3 A. Yes 4 Q. Okay S Did he give you any indication 6 what he is doing today Is he -- is he 7 completely retired 8 Is he working for another 9 company Do you know as you sit here today 10 A. I don't know what he is doing 11 Q. George Smith -- 12 Do you know if he has ever given 13 a deposition what you -- you are going through 14 today 15 A. have no idea 16 Q. Did you ever discuss any sales 17 with Mr. Smith 18 A. No Response 19 MR COMERFORD Jim John 20 Comerford 2223 Are you still there 2223 MR WHITCOMB Yeah 2223 MR COMERFORD You are just 24 making some noise there 2223 Sounds like -- Page 87 Page 89 1 Q. And do you know what decades he 1 Informal discussion held off the 2 worked for Diemolding 3 A. These are the Rogers salespeople 4 Q. sorry I know That was a 5 really bad question 6 Do you know what decades the 7 second gentleman worked for Rogers 8 A. The tail end of the 70s and the 2 record 3 Q. Sir did you ever discuss with 4 Mr. Smith about where he sold to or any of S his -- his work as a salesman 6 A. To limited extent 7 He left Rogers in about 1980 and 8 joined Rogers in about 1977 9 80s 9 Q. Do you -- 10 Q. Okay 11 Do you know where the second 12 gentleman lives today 13 What area of the country 14 A. Connecticut 10 Do you remember ever having any 11 conversations about Diemolding with him 12 A. No. 13 Q. Sir I want to ask you about 14 where or not any tests were ever done by Rogers 15 Q. When was the last time you saw 16 him or spoke to him if you know 17 A. Five years ago 15 on asbestos through the research and 16 development division 17 Are you familiar with any being 18 Q. And in what capacity did you see 19 him five years ago 20 A. He just walked in the door of 21 the -- the factory and wanted to chitchat with 22 people because he was retired and had nothing 23 better to do 18 done 19 A. Any tests on asbestos 20 Q. Correct by research and 21 development 22 A. don't think Rogers tested any 223 asbestos 24 Q. Kind of sounds like that movie 25 Schmidt I can't think of the name of it 223 Q. Just give me a minute sir 25 Sir am going to refer to 23 Page86sto 89 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 90 Page 92 f 1 what's been marked as Plaintiff's 3 -- I'm 2 sorry -- been marked as DeLassus 3 3 It's an answer to an 4 interrogatory 5 What I am going to do sir is 6 read the answer to interrogatory out loud and 7 let you have as much time as you need to take 8 to review it 9 The question was asked about any 10 research or studies performed by Rogers on 11 containing materials and the answer 12 is this 1 record 2 A. When you incorporate the asbestos 3 to phenolic resin and the minerals into a 4 molding compound Rogers runs tests on that 5 I just want to be clear that you 6 were in to two different areas and that's why 7 you got the answer you got 8 Q. Well you would agree with me 9 sir that some of the plastic molding compounds 10 that Rogers made were more than half asbestos 11 Isn't that true sir 12 MR SANTOMASSIMO Objection to 13 Rogers does have a research and 14 development department where some testing of 15 its products has taken place 16 Moreover on one occasion in 17 1978 the test was performed to determine the 18 need for placement of OSHA warning labels on 19 Rogers products 20 These tests were conducted under 21 extreme conditions and did not reflect the use 22 for which the product was designed 23 I am going to hand this to you 24 This is page 20 of Exhibit 3 and I just want 25 ask you some questions about that test 13 form 14 Q. Well let's talk about 462. What 15 percentage of asbestos was in 462 16 Two percent One percent What 17 percent 18 A. Somewhere in the neighborhood of 19 fifty percent 20 Q. Okay 21 Well why don't I just call it 22 containing materials Would that 23 be -- would that 24 Would that be fair to say 25 A. Yeah that's fine Page 91 1 Do you have any personal 2 knowledge about the answer that was given 3 there 4 If you need to take time to read 5 it go ahead 6 A. am aware . 7 I am aware of the -- what's on 8 this piece of paper 9 Your first question to me was did 10 Rogers run any tests on asbestos and I said 11 no and that's true -- 12 Q. Okay 13 A. 11 but now this page relates to 14 did Rogers test containing molding 15 compound 16 Because that's a different issue 17 Q. Why is that a different issue 18 Help me 19 A. Well asbestos is this fibrous 20 fiber that you buy from the raw materials 21 ~~ 22 23 24 25 supplier Did Rogers test that No but when Rogers incorporates it with phenolic resin and other minerals into a molding compound --- Informal discussion held off the Page 93 |- 1 Q. Okay 2 Backback Backback Backback to my question Did 3 Rogers ever do any -- any testing on any 4 containing materials 5 A. Yes 6 Q. And why don't you walk me through 7 the -- 8 First of all tell me why a test 9 was performed if you know 10 A. Did Rogers run any tests 11 Rogers ran hundreds of tests on 12 every batch of material that was made We did 13 impact testing 14 We did flex testing We did 15 tensile testing We did all kinds of 16 electrical tests environmental tests 17 Q. Well I want to take you back to 18 what's reported in the interrogatory 19 A. Okay 20 This -- this page in 21 indicating 22 Q. That specific test -- 23 A. Okay 24 Q. and first of all you were at 25 the company by that time PRIORITY COURT REPORTING SERVICES 718 983-1234 24 Pages 90 to 93 Mark DeLassus 123 Correct 123 A. That's correct 123 Q. And can you tell the jury why you 4 did test tun What was the -- what was the 6 purpose if you know 7 A. I personally do not know why the 8 test was run but I was present when the test 9 was 10 Q. And what was being tested if you 11 can tell me 12 A. For whatever reasons we molded 13 half by half by halbfy five inch long bars 14 indicating 15 So it's a half by half five 16 inches long indicating just a test specimen 17 and gave these to a technician 18 The technician took these bars 19 and just one bar after the other simply 20 disintegrated the bar on a grinding wheel 21 indicating 22 You know a punch top grinding 23 wheel just disintegrated bar after bar 24 Q. But what was actually being 25 tested Page 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Would you agree -- and I think I have the regulation here with me -- that it was passed during the Nixon administration Sometime during the early 70s Do you know that as you sit here today A. No I don't know that Q. Do you know if OSHA was in place before you stepped foot into Rogers The actual regulation itself A. No I don't Q. Okay But you do have some general regulation -- some general understanding that it was in the 70s Is that fair to say A. Yeah yes Q. And you just don't know if it was -- You don't know either way if early -- it was early middle or late 70s A. don't know Q. Okay Now do you know if this test was -- was being performed by Rogers to determine the need if any of placing OSHA Page 96 f 1 Ambient air Dust counts What 2 was being analyzed if you know 3 A. am not an expert in the area 4 but do -- 5 I do believe that the employee 6 running the test had one of those little 7 suction device gizmos that the environmental 8 people sometimes have employees wear 9 Q. And -- 10 Do you actually know what the 11 results of those tests were Page 95 1 pneumoconiosis warnings on its materials 2 A. never heard that term before Page 97 : 3 Q. will get rid of that fancy 4 pneumoconiosis word S Do you know if the test was being 6 done to determine whether or not an OSHA 7 warning needed to be placed on packaging and 8 container material of the plastic molding 9 compound materials 10 A. I think the first part of my 11 answer was I did not know exactly the purpose 12 A. don't 13 I -- I don't recall what the 14 results of the tests were 12 for us doing the test 13 But my title was the development 14 chemist and a technician actually did the 15 I may have been shown the report 16 one time but it wasn't explained to me and 17 I don't know if the tests themselves really -- 18 what they applied to 19 Q. Let me ask you this 20 You are familiar with OSHA coming 21 into existence sometime around 1972 15 grinding 16 Q. But when you saw these testing 17 you seem like kind of a curious guy 18 Did you say What's going on 19 here Why are we doing this Do you 20 remember -- 21 MR SANTOMASSIMO Objection to 22 A. I don't know the time frame 23 24 but -- you know When map I was aware of them - 25 you know by the late 70s sure 22 form 222 Q. Do you remember having any of 24 those sort of questions 25 A. It didn't take all that long to PRIORITY COURT REPORTING SERVICES 718 983-1234 25 Pages 94 to 97 Mark DeLassus Page 98 123 run the test 123 It was kind of like perfunctory 123 Just -- just do it 4 Q. Are you familiar with the term 5 threshold limit value or permissible 6 exposure limits commonly known as TLV and 7 PEL 8 A. now yes 9 Q. Okay 10 Do you know if that test was 11 being done to determine if what the threshold 12 limit value or the permissible exposure level 13 was violated by the grinding that this 14 technician was doing 15 A. I don't - I didn't know that at 16 17 18 19 20 21 22 23 24 25 _ that time I didn't know the -- I didn't even know what the TEL PEV was I didn't know what those terms meant at that time and obviously I might not even know now but I am aware that those -- those things exist Q. When the gentleman was doing this grinding did he himself take any respiratory -Did he take any precautions like Page 100 F t Q. And do you know where he lives or 2 resides 3 A. No I do not 4 Q. Is he still with the company 5 A. No he is not 6 Q. When was the last time you saw 7 Mr. Lee 8 A. About a year ago 9 Q. In what capacity did you see him 10 a year ago 11 A. Just in the hallway 12 Q. Okay 13 Was he visiting like the other 14 gentleman 15 A. No. He was still an employee 16 Q. When he left the company in about 17 a year or so in what capacity did he leave 18 What was his title 19 A. don't know his title but he 20 was in the -- the safety and environmental 21 area 22 Q. result of this test being 23 done were any changes implemented by Rogers 24 if you know 25 MR SANTOMASSIMO Objection to Page 99 1 wearing a dust mask respirator or SCUBA Do 2 you know 3 A. As was a requirement in the 4 laboratory for handling any dusty material he 5 wore a paper mask 6 Q. And do you know -- and that takes 7 me 8 Well focusing still on this 9 test do you know if any documents memorandum 10 were 11 were -- was drafted or created as a 11 result of this technician doing this test 12 A. am -- am pretty sure that 13 there was a report written 14 I said I think that I saw it but 15 don't remember exactly what it said and I am 16 not really sure what its conclusions were 17 Q. Who -- who was the individual 18 doing the test 19 The actual report Who authored 20 it 21 A. Who authored the report 22 Q. Yes 23 A. As I suspected it was Bob Lee 24 Q. Is Mr. Lee still with us 25 A. He is still alive yes Page 101 1 form 2 Q. Any policies modified in any way 3 shape or form if you know 4 A. There were no changes to the 5 manufacturing equipment or the laboratory 6 equipment on the basis of that -- that -- of 7 that testing 8 Q. Do you know what the conclusions 9 were if -- as you sit here today 10 A. You asked me that already 11 Q. I'm sorry 12 A. said I don't know 13 Q. I'm sorry 14 You mentioned earlier about a 15 requirement of wearing a dust mask in the 16 laboratory 17 I just want to make sure I 18 understood that correctly 19 Did Rogers at any time have any 20 policies about any of its employees wearing 21 masks or respirators 22 A. There was no -- in R it was -- 23 I don't know if it was a policy 24 or not but it was kind ofa rule that 25 Rogers -- that if you worked -- were working RES OSS TS SN SET TE TORS "26 amr Pages98 to ee : nee Geen ee Fg coy rerere SEITE SEN TSSFo ANTEATER ) PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 102 Page 104 fF 1 with powdered materials that had the potential 2 of becoming airborne that you should wear the 3 paper mask 4 Now we can get into all of this 5 NIOSH this and that what these paper masks 1 what started in about 1990 2 Q. Who if anyone from Rogers would 3 interface with the union at any time 4 A. Generally -- 5 Generally -- well interface with 6 are but it was just -- in my view it was just 7 white paper mask indicating 8 And I - I don't know what the 6 the union 7 Everyone would interface with 8 union employees but you mean like as a 9 rule -- what the -- there's like a union kind 10 of rule relative to -- to masks was and I 9 committee meeting or something 10 Q. Would field any complaints by the 11 don't think that it changed on the basis of 12 this test 11 union 12 A. In general it would be the 13 Q. Do you know what year or time 13 division president the operations 14 period masks were recommended by Rogers to its 15 employees 16 A. In & they were in existence 14 manager and maybe a manufacturing manager 15 Q. Can you give me the names of 16 those individuals during the 60s or 70s that 17 when I arrived 18 Q. Do you have any knowledge of any 17 ran those various departments for Rogers 18 A. Walt Hayes was the division 19 union complaints made or requests made by the 20 union for better respiratory protection for the 19 president 20 Curly Maron was the operations 21 union work force at Rogers 22 A. That's a complicated question 21 manager or the plant manager 22 Q. Anyone else you can think of 23 but generally speaking it was not a request to 23 during that time period 24 give us like the rubber masks or give us SCUBA 24 A. I don't know -- 25 gear as you described it before 25 I don't know how -- what 13 : Page 103 Page 105 | ' N- There was no requests like that N- I think the requests were more on the order 3 of -- you know 4 There was maybe some little extra 5 dust there Maybe can you turn up the speed 6 of the dust collector or something 7 Q. Okay 8 Was there ever a union representative 9 that was in charge of health and safety A superintendent for the union if you - During the 60s 70s or 80s if you know A. I don't think that the union was 1 whether some of these names ever met with the 2 union 3 Q. We heard some testimony last week 4 from Mr. Donald Dew phonetic who was a 5 former president of Diemolding 6 Have you ever had any 7 communications or discussions with him 8 A. have met Don Dew Sr. a couple E 9 of times for fifteen twenty minutes each 10 Q. And when and for what for did you 11 meet with him 12 A. It was ww 13 We were trying to initiate a that organized to have that specific a -- a that specific of a function Q. Was there a voice of the union that you remember Someone who was a constant -- I will strike that 14 division -- a phenolic division of the Society 15 of the Plastics Industry the SPI 16 Q. And were you seeking him as a 17 potential member of that association 18 A. I think we were all seeking each 19 other Is -- was there a voice of the 20 Q. Okay union or a particular person that ever made complaints that you can think of concerning dust levels A. My involvement with the union took -- to the level of knowing who was saying 21 A. It wasn't a Rogers 22 initiative 23 Q. Who else was part of that 24 organization or that potential association 25 Who else did you seek to join the club TTA ARTE SCTE ESTELLE SATCERES 2 ... ... ... LS 9 27 Pages 102 105 RO OE GST OTTTO at ZAESTO SAR OSES PREIS OEE STESSaaaE to PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 106 Page 108 |. 123 A. Most of the compounders and : 1 tests were performed at Rogers regarding 123 many -- and as many of the custom molders as 2 industrial hygiene 123 would join 3 If you -- do you know what I mean 4 Q. Okay 4 by industrial hygiene S Have you ever been to the S A. Yeah am familiar what -- with 6 Diemolding facility in Canastota New York 6 what you mean 7 A. Yes have been there 7 Q. Any air testing at all in the 8 When 9 A. Probably 19 -- you are asking the 8 plant 9 Any type of industrial tests or 10 earliest time 10 studies done at the plant at any time 11 Q. Please 11 A. I would like to change the term 12 A. About 19 -- 1979 12 from test to sample 13 Q. For what reason 13 Q. Sure 14 A. Molding trials on products for 14 A. I think Rogers made -- took 15 new projects 15 samples and then sent our samples someplace 16 Q. And I was remiss not asking you 16 else for testing 17 this before you earlier 17 Q. And what were they sending these 18 Before I forget with your 18 samples for 19 educational background what is -- are you a 19 Let me 11 what were these samples 20 chemist by nature 20 of I will say What was it of The plastic 21 A. Do you want the whole thing 21 molding compound or was it ambient air What 22 Q. you can 22 was being sampled 23 A. have a BS in chemistry You 23 A. Well either -- in that group 24 just want the -- the - 24 either test -- tested ambient air or like 25 Q. Please and if you can tell me 25 effluence -- Page 107 Page 109 123 the school and the approximate year you 2 graduated I would appreciate it 123 A. Okay 4 BS in chemistry from Valparaiso 56 phonetic University in Indiana 1971 6 An MBA from Northwestern 7 University in Evanston Illinois 1979 and a JD 8 of the University of Connecticut 9 I think it was 1998 -- 1 Q. Okay 2 A. -- which would be like exhaust 3 air or exhaust water 4 Q. Exhaust from what sir 5 A. From -- 6 Q. From what machine I guess is my 7 question 8 A. Well you have a dust collector 9 and you have to make sure the dust collector is 10 Q. I'm sorry -- 11 A. MM or 1999 12 Q. am sorry to hear about the 13 latter degree but -- 14 am kidding 15 * MR COMERFORD At this time I 10 catching the particulate indicating and not 11 just dumping it out into the parking lot 12 Q. Okay 13 Do you know what year these dust 14 collectors were put in at Rogers 15 A. I don't know the first one but 16 just want to request from Rogers the test that 17 was done near around 1978 that we went over 16 by the time 1977 rolled around there was about 17 fourteen of them 18 earlier 19 I would ask the court reporter if 20 she can put that at the end of the transcript 21 and I will send a formal question to 22 Mr. Santommasimo for that specific document 23 Q. Sir as you sit here today do 24 you know other than what we have discussed 25 under the Interrogatory No. 17 if any specific 18 Q. And these dust collectors about 19 fourteen of them -- 20 Were tests done routinely to make 21 sure they were removing dust from the air 22 A. Yes 222 Q. Okay 222 And can you just give me an 25 appreciation of how often that would be -- verepeeeaee 28 Pages 106 to 109 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus 7 those tests would be done Page 110 1 Corporation retained a certified industrial Page 112 E 234 A. I don't believe that in general was done in an entirely proactive way but it's not like you tested every -- one every week one hygienist by the name of Clyde Porter who it appears worked for Rogers from 1980 to 1986 Do you recognize that name 4 every month But there was perhaps some 234 schedule to the testing and then it would be tested if there was an obvious malfunctioning that it just wasn't pulling -- pulling the -- It wasn't sucking right A. Yes do 10 Q. And do you recognize -- or do you believe that he was a certified industrial hygienist Well what do you remember his job title being is probably a better question 11 indicating and you would have to make sure that there -- try to diagnose what the problem 1 was A. I know that -- I know that he acted as one for : Rogers Whether he was certified or not I do i : 12 13 Q. When there was a malfunctioning not know 12 whatever it may be and I think you used the Q. And is there -- word obvious one what would be the Are there any circumstances which 14 consequences 17 17 Visible dust in the air Dust in caused Rogers Corporation to retain an 18 industrial hygienist back in 1980 19 20 19 the parking lot Just give me an appreciation 19 20 of what of these obvious consequences would be 20 Do you know why it was done A. I think it was just done in the 21 A. There would be little backup at 22 a the -- at the hood that the air became more -- 2323 maybe became cloudy and the operator would say 24 There is something wrong with the dust 2525 collector 21 normal course 22 I don't think that he was any 323323 different than other people Q. Let me ask you this 32323 Do you know if an industrial Page 111 Q. Did OSHA ever come in at any time and do any testing at the Rogers facility as far as you know A. I don't believe that OSHA was ever at Rogers in the -- in the 50s 60s 70s or 80s Q. Did OSHA -- I'm sorry Did any state monitoring outfit -- any governmental agency -- ever come 2 in and do air sampling at Rogers for any 10 reason 12 A. I don't believe so 13 Informal discussion held off the record THE VIDEOGRAPHER Off the 116 6 record 12:21 p.m. Recess taken at 12:21 p.m. Resumed at 12:30 p.m. THE VIDEOGRAPHER We're back on the record 21 21 The time is approximately 12:30 2322 p.m. Q. Sir I see -- I see in answers to 2525 interrogatories that in 1980 Rogers hygienist was in the employment of Rogers before 1980 Page 13 F : A. I would have thought there was one but why I don't actually know for sure Q. Okay As far as you know -~ was Mr. Porter as far as you know the first industrial hygienist retained by Rogers A. don't know Q. Was there a particular function as an industrial hygienist that Mr. Porter had at Rogers A particular area of focus A. He would have been involved in air sampling butI don't know -- you know much of his job he spent doing that Q. And I see he left in 1986 according to the answers to interrogatories Was there a reason he left in how 1986 16 A. I don't know I am assuming that it was a personal reason Q. But you don't know what the reasons were as you sit here today ace a eta z Sree ia tas caer perrrrmarar gress oa 29 Pages 110 to 113 113 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 114 Page 116 12 A. No. l for 2 Q. Did you ever discuss any of his 3 air sampling tests that was performed by 4 Mr. Porter 5 You personally 6 A. No. 7 Q. At any time do you remember him 8 reporting in some way shape or form that 9 there was a violation of exposure limits for 10 asbestos during any time that he worked at 11 Rogers 12 A. am not aware of it 13 Q. Are you aware of any industrial 14 hygienists employed by Rogers at any time ever 15 reporting a violation of a threshold limit 16 value or a permissible exposure limit 17 A. not aware ofit 18 Q. see Mr. Porter started in 1980 19 and left around 1986 according to the answers 20 to interrogatories 21 Was there a time when Rogers made 22 decision to no longer sell or have asbestos 23 as component part in its plastic molding 24 compound material 25 I am looking for a year if you 2 What type of industry 3 A. Electric motor commutators 4 Q. And do you know who the biggest 5 customer of yours was for that product -- that 6 particular type of product 7 A. Yes do 8 Q. Who Which one 9 A. Ford Motor Company 10 Q. Okay 11 Sir have you ever known someone 12 who suffered from an asbestos disease 13 whether it be asbestosis or mesothelioma You 14 yourself 15 MR SANTOMASSIMO Objection 16 Whatever relevance it has I'm not 17 sure but -- 18 MR COMERFORD Well if he had a 19 brother who died of mesothelioma forty years 20 ago that might go to notice 21 My question to you is this 22 Q. Have you ever met or known 23 someone whether it be a neighbor a friend a 24 colleague someone at church anyone who told 25 you " have an asbestos disease ~~ can Page 115 123 A. Yes Page 117 |. : ~~ A. There were different answers for 3 different product lines 4 Q. am just looking for the last 5 time Rogers sold any product that had asbestos 6 in 123 Q. Who 123 A. Name escapes me now It is -- it 4 was an employee of Rogers -- 5 Q. Okay I'm sorry to hear that 6 A. Corporation I can't think 7 A. The last -- 7 the name 8 The last 13 the last extrude 8 Q. What decade was it when this 9 product was probably 1985 10 Q. As you sit here today do you 11 know when the last time Rogers incorporated the 12 African blue crocidolite in one of its 9 person said to you I have an asbestos 10 disease 11 Was it two years ago Twenty 12 years ago Your best estimate 13 products 14 A. 1 13 A. Between two and five years ago 14 Q. Okay and do you know if it was a 15 Plus or minus a year I think it 16 was probably like 1979 17 Q. Going back to the product -- the 18 last extruded product that contained asbestos 19 I think you said was 1985 what was the -- the 20 code number for that product or code numbers 21 there's more than one product that contains 22 asbestos 15 malignancy a cancer Was it a mesothelioma 16 Asbestosis 17 Do you know 18 A. I don't know the diagnosis other 19 than it was a problem with the lining -- the 20 pleura or the outside of his lung 21 Q. Okay 22 Do you know if it was cancer or 23 A. am pretty sure that was our 23 not : 24 X476 24 A. I don't know that 25 Q. And do you know what 476 was used 25 Q. Is that gentleman still living Pana acing 1fas ar RMS st # ... *** SS EES a at EE RET Bilas Oe 30 Page11s4 to 117 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 118 Page 120 |- 1 today if you know 123 A. No he is not 1 from that company to Rogers We will 2 transition - transition it so that there will 123 Q. Okay 4 I think you testified you -- you 5 don't know his name is that fair to say or 3 be no asbestos in those products 4 Q. And how long did it take Rogers 5 do that transition once you joined them 6 you don't remember it as you sit here today 7 A. know it now 6 A. Rogers never made the 7 asbestos product of that product line 8 Q. What is it 9 A. just remembered it His name 10 was Bill Lisk 8 Q. And when you learned this 9 information back in 1977 did they -- I mean 10 what was conveyed to you 11 Q. Okay 12 And what job title did he have 13 at -- at Diemolding -- I'm sorry at Rogers 11 MR SANTOMASSIMO Can you read 12 that back Cheryll please 13 THE STENOGRAPHER Sure 14 What was his position 15 A. He worked for Rogers for about 14 Record read 15 MR SANTOMASSIMO By whom 16 forty years 17 I suspect that he had eight or 18 nine different jobs in the -- in the company 19 during that time period so he probably -- 20 the - 16 By 17 Q. assume someone from Rogers told 18 you that this -- well let me back up 19 This line -- what was this line 20 for that Rogers was going to take over and make 21 The way he was doing it is he 22 worked about five years in approximately eight 21 asbestos 22 What was the line of material 23 different positions 24 Q. And sir other than him did you 25 ever know anyone else with an asbestos 23 A. It was making a polyester 24 product 25 Not -- not a phenolic Page 119 1 disease 2 A. am aware of a couple other 3 people at the company but -- you know did 4- 5 Did I actually ever -- was it 6 ever actually said to me what kind of problems 7 that they had officially -- in an official 8 thing I didn't know 9 I only heard it as a rumor 10 amongst employees 11 Q. So when it -- did it come to your 12 knowledge your personal knowledge yourself 13 that there might be a potential health hazard 14 associated with asbestos 15 A. 1977 16 Q. And -- 17 A. 1977 18 Q. And can you tell me how you 19 learned that 20 A. I When was working at Acme Resin 21 which was part of CPC International and Rogers 22 bought this little piece of this company 23 indicating we were making a product that 24 contained asbestos 25 Rogers said in the transition Page 121 1 product 2 Q. And can you just give me some 3 idea what type of product it was 4 Commercial use In the home 5 What was it 6 A. It was an industrial grade high 7 temperature plastic 8 Q. Okay 9 But if you can help me for -- 10 for == electrical switches automotive I am 11 just trying to understand 12 A. Almost exclusively for 13 connectors 14 Q. Connectors for - 15 A. Electronic connectors 16 Q. Okay 17 And did someone from Rogers back 18 in 1977 have this conversation with you about 19 the potential health hazards of asbestos 20 A. It wasn't a discussion about 21 health hazards of asbestos 22 It was M was a discussion about 23 a project at Rogers to eliminate asbestos 24 from these products because of a potential 25 health hazard but I did not have a detailed "31 i Pages 11to8 121 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 122 Page 124 }- 1 discussion about the health hazards of 1 p.m. February 24th 2004 and this will begin 2 asbestos 2 Videotape No. 2 of this recording 3 Q. Who -- who hired you back in 4 1977 5 A. The person who actually made the 6 job offer was Dick Barry 7 Q. Is he still alive 8 A. No he is not 9 Q. Okay 10 And when he hired you was it 11 discussed that one of the things you would be 12 doing is assisting in this line that was going 13 to be asbestos 3 Record read 4 Q. Well let me tell you sir -- 5 Do you know why as you sit here 6 today Rogers made a determination to create an 7 asbestos product line 8 A. think that Rogers understood -- 9 I don't recall who told it to me 10 I don't know how they arrived at 11 the conclusion but they just understood that 12 by -- right at that time that asbestos had 13 come on the scene so to say as something that 14 Or is that something you learned 15 about after you joined the company 16 A. I think it was after 14 an industrial company if you had an opportunity 15 to get into a different product it would -16 that there was a opportunity to do that 17 Q. Okay 18 And can you just tell me how much 19 after it was 17 Q. Were health reasons or potential 18 health hazards one of those reasons do you 19 know was that ever mentioned in this 20 A few months a few weeks 21 A. Couple of months 22 Q. And he brings you into the 23 office and he -- he tells you this line is 24 going to be asbestos correct 25 A. Well he hired me but there was 20 conversation ; 21 A. I think at -- in 1977 that there P 22 were and am not sure to say if it was 23 studies or conclusions or what but there was 24 media attention on asbestos 25 Q. Do you remember ever hearing that Page 123 Page 125 123 -- had a manager in between 123 Q. Who was that 123 A. Linwood Walters phonetic 1 asbestos might have some connection with 2 cancer 3 A. Somewhere in that '77 time frame 4 Q. Is that person still alive 5 A. No he is not 6 Q. Okay 7 Well you are a real historian 8 here 4 yeah 5 Q. Okay 6 Did there come a time that you 7 became aware of something called mesothelioma 8 A. Sometime maybe a little later 9 Was it your understanding that 9 than that 10 this product was going to be an asbestos free 11 because of -- 12 MR COMERFORD I guess we need 13 to change the tape I don't have much more 14 though 15 THE VIDEOGRAPHER You can finish 10 Q. Okay 11 A. 179 12 Q. Sir have asked you about 13 Diemolding and your visits to that facility 14 Did -- are you familiar with any 15 other companies -- we will say during the 16 the sentence 16 1960s wwwwwwww that manufactured containing 17 MR COMERFORD Go ahead 17 molding compounds 18 MR SANTOMASSIMO We are off the 18 During the 1960s 19 record at approximately 12:41 p.m. February 20 24th 2004 19 A. There are quite a few 20 Q. And can you give me the names of 21 Informal discussion held off the 21 those other companies 2222 record 22 2222 THE VIDEOGRAPHER We back on = | 23 2222 the record 323 MR CASIMIR Objection MS WOOD Objection to form MR COMERFORD There was an 2222 The time is approximately 12:43 25 objection ea cone RRR NTPC OTE EA STE SOE MOOR OEE BRR A I SS Eero 906 30s its are Ce SA RET OU PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 126 Page 128 i 123 am just going to ask the basis 2 of your objection 123 MR CASIMIR Basis of knowledge 4 He was researching Rogers 5 Company I don't know if he was researching 6 the entire industry 7 That's all 1 compound in 1970 and Rogers produced a very 2 small amount compared to that total 3 But because we were a specialty 4 company and these -- and these -- those four 5 companies that I mentioned -- 6 They were much larger than Rogers 7 in the supply of phenolic molding compounds 8 MR SANTOMASSIMO Cheryll could 8 Q. SPI just so we are clear what 9 you read back the original question just to 10 make sure how it was asked 9 does that stand for 10 A. Society of the Plastics Industry 11 THE STENOGRAPHER Sure 11 Q. So these companies you just 12 MR SANTOMASSIMO Sorry John 12 named -T we will take them one at a time 13 Informal discussion held off the 13 Durez Did you ever visit their 14 record 14 site or their plant at any time 15 Record read 15 A. never visited -- never visited ' 16 MR SANTOMASSIMO Okay Thanks 16 Durez f 17 A. The -- the biggest compounders of 17 Q. Did you visit any of the sites or - 18 phenolic molding compounds were Durez Plenko 18 any plant locations for -- and I will go 19 phonetic GE and Union Carbide 19 through the list you gave ; 20 And then the smaller ones that 20 Durez GE Bakelite : 21 were into the specialty areas were Fibright 21 MR CASIMIR Objection to form 22 phonetic and Rogers 23 There was a couple of really 22 Q. Oh actually you said Union 23 Carbide Let me ask you this 24 small regional companies but that's about 25 it 24 Is there any connection between 25 Union Carbide Corporation and the Bakelite Page 127 Page 129 1 Q. And sir what is the basis of 2 your knowledge that those other companies -- 3 General Electric Union Carbide Durez and 4 Plenko -- were sort of players in the plastic 5 molding compound industry 6 Why do you believe that 7 MR CASIMIR Objection to form 8 Q. You can answer 9 A. In the -- 12 Corporation if you know 12 A. am not I am not totally sure 3 of that connection but I did visit one -- 4 one -- one -- one factory of one of those -- 5 of -- of general purpose phenolic compounder 6 Q. And what company was that 7 A. That was Bakelite Thermalset 8 Limited in Canada 9 Q. And what year approximately 10 In the course of formation of 10 what year was that 11 that SPI phenolic molding division there -- 12 the SPI collected the information from the 11 A. I visited them probably in '83 12 184 13 industry participants and published the -14 like the grand total numbers for the industry 15 for phenolic molding compounds 16 And since that number that I had 17 seen from the -- like 1970 -- I saw it years 13 Q. And for what reason did you visit 14 them in that time period 15 A. That was a -- what was the 16 question 17 Q. For -- why did you visit that 18 after it was published but industry numbers 19 were available and I saw them at an SPI 20 meeting 21 SPI didn't exist in 1970 for that 22 purpose but they had the numbers from that 23 time period was that L 24 There was approximately four 25 hundred million pounds of phenolic molding 18 facility 19 A. In that time period Rogers was 20 anticipating a potential application which was 21 larger than the capacity of our plant to 22 produce and Bakelite Thermalsets Limited I am 23 pretty sure was no longer running 24 But their plant was in existence 25 so we went up there to see if we could make use 33 Pages 126 to 129 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 130 12375 of their equipment to make our product and 12375 -- you know 12375 It was an enormous place The 4 building was six or seven stories tall and the 5 equipment was three or four times the size of 6 our equipment 7 Q. Do you know sir that this 8 Bakelite facility that you visited -- if that 9 was owned by any corporation 10 A. think that it passed through 11 the hands of a couple of different 12 corporations and I -- and I -- 13 Since I am not clear I'd just as 14 soon not answer that directly 15 Q. Other than the -- 16 Other than that site did you 17 visit any other of these plastic molding 18 compound sites 19 A. Not -- not inside but -- you 20 know 21 Like on the street just like 22 kind of take a look at how big their building 23 was 24 Q. So you can get an appreciation of 25 how big the competition a little bit Page 132 }. 1 Inc. is the Supply -- the Society of the 2 Plastics Industry but I don't know 3 I never heard of that 4 organization 5 Q. Have you ever heard of Dr. 6 Selikoff 7 A. No. 8 Q. Sir I want to ask you some 9 questions about Workers Compensation claims 10 As you sit here today sir do 11 you have any knowledge of whether a Workers 12 Compensation claim was ever filed by a Rogers 13 employee for an asbestos claim 14 A. -- can't say for sure 15 Q. Is there anyone who worked at 16 Rogers who would have personal knowledge about 17 the filing of Workers Compensation claims for 18 asbestos 19 A. I think that ultimately the 20 knowledge of that would -- would have ended up 21 with -- with someone like Dave Heilemann 22 Q. And Mr. Heilemann we indicated 23 is still with us 24 Is that correct 25 A. He is still alive yes Page 131 Page 133 I 1 A. Something like that How many 2 cars in the parking lot 3 Q. Sure 4 Were you ever involved in the 5 creation of the MSDS sheets for plastic molding 6 compound that was -- that were created by 7 Rogers 8 A. saw them but I did not create 9 them 10 Q. Who if anyone at this site 11 would have created them 12 A. Well some of the -- 13 Some of the questions would be 14 asked of engineering people but the final 15 filling of them out was generally done at the 16 corporate location 17 Q. Were you -- 18 Was Rogers ever a member of the 19 Asbestos Committee of the Society of Plastics 20 Inc. 21 A. couldn't tell you that 22 Q. Have you ever heard of that 23 association before 24 A. No no I haven't but I will -- 25 am wondering if the Society of Plastics 1 Q. Do you know who the Workers 2 Compensation insurance carrier was for Rogers 3 during either the 60s 70s or 80s 4 A. don't recall who it was for - 5 I don't really know for the 60s 6 and 70s Actually I will just say I 7 don't know 8 Q. Okay 9 Do you even know if Rogers had -- 10 were they insured or did they have a 11 Workers Compensation insurance carrier in the 12 60s or 70s if you know either way 13 A. I think that we had an insurance 14 carrier 15 Q. Do you know if it was Liberty by 16 any chance if that rings a bell 17 A. don't think that Liberty went 18 back into the -- into the beginnings of this 19 I think Liberty is later 20 Q. Do you know if any of your 21 Workers Compensation insurance carriers -- if 22 any of them ever conducted any air sampling 23 tests themselves because of the filing of a 24 Workers Compensation claim for asbestos 25 disease Src seacs oman: 7AMMACE? CASI SSAC ASS OSU SSIES Page13s0 to 133 se Ser ET RCPS ETS BODO ead 34 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 134 Page 136 A. am not aware of it 1 sorry Three columns Q. Do you have any appreciation as 1234 you sit here today on what decade the first Workers Compensation claim was filed A. For anything Q. For -- my questions are limited to asbestos conditions If it was the 40s 50s 60s 70s 80s 90s I am just - 10 A. There's -I think there's a possibility in 11 the 80s 12 Q. Okay 1514 Do you know early middle or late 80s of course MR SANTOMASSIMO If you know 16 Q. If you know A. don't know specifically 2019 Q. Do you know if anyone has ever filed a Workers Compensation claim because of 21 the development of an asbestos 22 malignancy at least claiming that 23 A. When you say Workers 2 Compensation do you mean were they an 2525 employee when they filed or did they file A. It's the claimant claim date 3 and the notice date Q. Can you tell me the difference between the notice date and the claims date if you know 6 A. Well I know -I know about half the people on the list personally by name -Q. Sure A. and the claim date appears to be the date that Rogers probably received paperwork that there was a claim The notice dates -- they are not consistent Some of them are like -- like in the middle of their employment Some of them are after their employment I don't really know -- this notice date column doesn't seem to be consistent on how the dates are arrived at Q. Do you know what individual gathered up that information to create those three columns A. No I am not Q. want to ask some general Page 135 after their employment ceased Q. My question is for both and I will -- Once L if you know some specific information I will break it up that way of 5 course I am just trying to ascertain what you know Workers Compensation claim for asbestos disease whether it be asbestosis 10 lung cancer mesothelioma 11 A. am not aware of any employee 12 while employed filing anything Q. Okay And sir I had a brief 12 6 conversation with your attorney about a Workers Compensation answer that's on page 43 here Have you had a chance to look at 19 this Now do you have personal knowledge -- 2020 this might be a question for Mr. Heilemann 2021 22 later which is fine There is three rows there Do 23 you see those One is name One is notice 23 date 2325 What's the other column I'm Page 137 questions about Workers Compensation if you know it if that applied in the state of Connecticut Do you know if the rates are determined -- and by rates of course I mean 5 the premiums that Rogers Corporation will have to pay for Workers Compensation coverage based on the history of prior claims being filed A. am not sure how it works for -- 10 First of all I am not sure that 12 Rogers ever had anything on this particular 13 topic but I believe that it's experience based Q. Okay 1177 Do you know as you sit here today whether or not Workers Compensation insurance rates have ever been -- you know higher in cost because of previous Workers Compensation 20 claims being filed for asbestos 21 A. am not aware of an impact from 22 the rate from asbestos claims 232 Q. Do you know whether under the law of Connecticut that -- whether or not widow 25 benefits are honored in the state of Fe AIT OAR A ROC, RR 4 35 Pages 134 137 AE to TCR RISN IOS ARG PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus I Connecticut Page 138 1 Informal discussion held off the Page 140 , 2 And by that I mean if someone who 3 is retired ten years into retirement develops 4 an asbestos disease and passes would 2 record 3 Q. Raymond Mikulak UL 4 and James -- I will spell this S his wife have what's known as a widow claim for 5K 6 benefits even though her husband was no longer 7 working at the time of his disease 8 A. don't I. 9 Don't know how the -- I don't 6 Now that case took place in 7 1987 and I have been trying to find the 8 depositions for that case 9 Do you know-- know-- do you know 10 know the mechanics of how the wife ww if it 11 was -- if it was the woman -- I don't know how 10 anything about that case 11 A. No. 12 the wife would be compensated 13 Q. Okay 14 Because under New York law -- and 15 will tell you where I am going with this -- a 16 widow may be entitled to widow benefits 12 Q. Where those -- 13 A. No I don't 14 Q. AndI will just ask a few 15 questions and I will move on 16 I see here that it was a New York 17 regardless of whether or not her husband was 18 still working at the time of his disease and 19 death 20 Do you know if there is somebody 21 at the Rogers Corporation who might have a list 22 of payments that are being made today to widows 23 and claimants for an asbestos 17 case 18 Do you know what part of New 19 York if anything that case involved 20 whether -- was it a custom molding case like 21 Diemolding 22 What -- do you know that -- 23 A. I don't -- 24 disease 24 I don't know the -- the roots of 25 A. suspect somebody has the list 25 that case 123 Q. Okay 123 Sir I am just about to the end 3 here Page 139 Page 141 1 * MR COMERFORD Okay 2 I will just make a continuing 3 request for it I know Mr. Santommasimo is 4 There was -- I am going to show 5 you if you could hand that piece of paper 6 back -- 4 looking for that testimony 5 I know if he finds it he will 6 turn it over to me but I will ask the court 7 Here on page 44 I am looking for 8 any testimony given in the past by any former 9 employee -- employees of Rogers former and 10 current and I got your previous testimony 11 in in a case which I have here I think you 7 reporter to put it at the end of the transcript 8 and I will do my best to try to find it and if 9 I do find it I will send it over to 10 Mr. Santommasimo 11 Just a few more questions here 12 gave back in 1994 13 ThenI think the second 14 deposition I have -- and I have to look 15 that -- is that of a Mr. Smith 12 One second sir If can just mark these two 13 exhibits as Exhibits 4 and 5 14 Thereupon two documents were 15 marked DeLassus Exhibits 4 and 5 for 16 MR SANTOMASSIMO Yeah 16 identification 17 Q. Mr. Smith in a case called 18 Asprey phonetic which took place in 19 Michigan I think it focused on a case 20 involving Ford 21 My question is this There's 22 three other depositions that took place in 1987 23 case called Stahl A and the 24 gentleman who testified in those cases was a 25 David Heilemann M 17 MR COMERFORD Mr. Santommasimo 18 am just going to hand you a copy of the 19 second document Take that -- 20 MR SANTOMASSIMO Are we marking 21 these as exhibits 22 MR COMERFORD Yeah 23 These are marked as four and 24 five Those are just copies I have got 25 the -- ET here Pe ee Larne 108 a A MARANTZ brigh AAO AA NLA SORRELL EERE IE ETE BO 36 Page13s8 to 141 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus 12345 MR SANTOMASSIMO Yeah I 2 understand 12345 Off the record for a second Page 142 1 conversations or communications with Page 144 ; 2 Mr. Welshman about Rogers need to file the 3 OSHA regulations concerning the threshold limit 4 THE VIDEOGRAPHER Off the record 4 values of asbestos 12345 at p.m. 5 6 Informal discussion held off the 6 7 record 7 8 THE VIDEOGRAPHER We are on the 8 You yourself A. No. Q. And sir I am going to -The next document is something 9 record at approximately 1:04 p.m. 10 Q. Sir there's a document that's 11 marked Exhibit 4 and that's the one from the 12 Manville Corporation to a Mr. Carl 13 Welshman W 14 Do you see that 15 A. Yes 16 Q. Do you see it's dated 1971 17 A. Yes 9 called Consad Research Corporation Do you see 10 that 11 A. Yes 12 Q. And this is marked Exhibit 5 13 This is -- this document page 2 14 was prepared for OSHA in 1977 by the Consad 15 N Research Corporation 16 Have you ever seen that document 17 before 18 Q. Sir my question is this 19 Have you ever seen that document 20 before if you know 21 A. No. 18 A. No have not 19 Q. Sir do you have any general 20 knowledge of General Electric pulling out of 21 the plastic molding compound business sometime 22 Q. Who was Carl Welshman 23 A. Carl Welshman was an employee 22 in or around 1972 23 Any general understanding of 24 at 11 at the Rogers corporate location and he 25 was involved in the purchasing of the -- like 24 that 25 A. General Electric Page 143 | Page 145 123In the large volume kind of raw materials 123In Q. And is he still alive today if 123In you know 123In A. I believe he is alive 123 Yes 123 MS WOOD Objection 123 A. I 4 Q. You know it was a bad question 5 Q. Okay 6 Is he still in the employment of 7 Roger Corporation 8 A. No he is not 9 Q. Okay 10 Now in looking at this letter 11 Mr. Welshman received a document from 12 Manville corporation regarding OSHA and 13 some of the regulations do you see the date 14 there 15 1971 16 A. Yes 17 Q. Does that assist you at all in 18 that the -- the fact that OSHA was passed as a 19 federal regulation sometime in the early 1970s 20 A. Does it help me recall 21 Well I didn't know that it was 22 in the early 70s so it doesn't help me 23 recall 24 Q. Okay 25 And did you ever have any 5 on my part 6 Do you have any general 7 knowledge -- my counsel was kind enough to 8 correct me that General Electric in 1972 phased 9 out the use of asbestos in its plastic molding 10 compounds 11 Do you have any knowledge of that 12 either way 13 A. About asbestos with General 14 Electric 15 No. 16 Q. Did you ever learn that at some 17 period that some of your competitors -- even 18 some of the larger plastic molding compound 19 suppliers - phased out asbestos at any time 20 Conversations about that or 21 communications about that in some regard 22 A. don't have any knowledge of the 23 specific points at which they exited asbestos 24 compounding 25 Q. Do you have the knowledge that FRSC RCE STAR RRS eA SESE 37 Pages 142 to 145 SRGRa TI TNE R AIREDOES POSSESSES SANE IDS PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 146 Page 148 | : 121111 12 1413 14 15 1616 2020 2121 2222 24 2524 some pulled out of asbestos earlier than others A. I would have that impression Q. And who if you can give me an idea of who sort of -- you know who pulled asbestos out of their product before others or phased out I should say A. I don't know the answer to that Q. Okay but you -- you have some recollection of that in the past that some did do that You just don't know who A. The industry didn't decide on all do it on the same day so it was on different days and different years and I don't know which was which Q. And this -- DeLassus 5 -- have you ever seen this before this -- A. No I have not Q. The -We heard testimony from Mr. Donald Dew last week about Diemolding sir manufacturing kitchenware and some other materials I can give you a second to read specifically supplied a material into Q. Well we heard some testimony from Mr. Dew that he was - That quite often Westinghouse Corning Alcoa -- who am I leaving out here -- 10 Revere -- would specify the type of molding ; compound that Diemolding would use to make some of this kitchenware or flatware and other materials And are you aware of as you sit here today of any of those four customers of 1212 Diemolding specifying the use of a Rogers molding compound A. can get one of the -14 One of the first questions you 15 asked me was -- you know the kinds of products 1717 that Rogers made and I said that our product were engineering material that cost two to 19 three times what the competitive materials generally cost with the exception of Fiberite 212 phonetic they were more similar to us and the appliance industry that you are talking about now is one of the most sensitive industries and that the -- that Rogers didn't 25 sell into those companies for purposes of Page 147 that if you want sir I was going to move on -- 1011 20 A. Go ahead Q. -- but if you need time I will be happy to give it to you -- about Diemolding manufacturing products for four companies Revere ALCOA Corning and Westinghouse Have you ever -- has Rogers at any time ever had any business relationships with those four companies I just gave you A. Only with Westinghouse And what if anything would Rogers -- what kind of business did Rogers do with Westinghouse A. don't know -- I can only answer for -- for the parts that I have any familiarity with but Rogers -- well this is sort of like the -- This is - it's more like a story about the roots of Rogers and I'm not sure if it's allegorical or what it is but it's like George Westinghouse used some Rogers product in the first invention of the transformer But after that point in time I can't name a specific application that Rogers TS A A STE TOE TEC ESET eT EERE Page 149 | : 1 household appliances pots and pans and electric frying pans and things like that Rogers didn't sell into that and 2 my comment about Westinghouse was like -- like 5 a totally industrial form not a commercial form at all Q. And going back to this case and 2 if I -- if you have already testified to this 9 I apologize because I have done my best to try 10 not to ask the same question twice today 11 am getting -- getting to the 12 end The specific 462 and what have you that was 13 sold by Rogers to Diemolding that's reflected 14 as Exhibit D in the interrogatories 11 15 Do you know what that plastic 16 molding compound was being used to create by 17 Diemolding 18 A. Well I said that I didn't know 19 for sure if 462 existed in that period of time 20 Therefore I don't know what it 21 would have been used for 22 Q. And there's two types of plastic 23 molding compound that could have been sold at 24 least according to the interrogatories by 25 Rogers to Diemolding during that time period Sree aa FI LTO OEIT SET CSTE AER 1 "38 Pages 146 to 149 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 150 Page row 1 is that correct sir 2N A. Yes 1 not asking you this 2 Did there come a time period when e" 2N Q. And one was 462 and the other 3 Rogers began to place a warning on their 4 one -- 4 containing plastic molding compound 5 6 sir Do you remember what that was 5 that it sold to customers 6 And if so what year was that 7 A. 466 7 A. I believe -- 8 Q. Let's break these up 9 466 -- what would that have been 8 Yes they did and I believe that 9 it was 1977 10 used for by Diemolding back in the '60 to '66 11 time frame 10 Q. And do you know who was involved 11 in the decisionmaking by Rogers to implicate 12 A. I don't know the specific 13 application but the product itself in general 14 was used for electric motor parts 15 Q. Okay 16 Let me just check my notes sir 17 I think I am just about at the end of the road 18 here 19 Sir I want to ask you about 20 sales to the United States military 21 Did Rogers have any sales of 22 plastic molding compound to the United States 23 government if you know 24 MR SANTOMASSIMO So the 12 such a warning 13 A. don't know -- 14 I don't know if it was one 15 person two people five people but I suspect 16 that one of the people was that Walt Hayes who 17 was the division president 18 Q. And it's in my notes 19 somewhere 20 Is Walt Hayes still with us 21 A. No he is not 22 Q. And you said that 23 I'm sorry Do you -- do you know 24 if the Society of Plastic -- Plastics exists 25 government could use -- mold it itself you 25 today Page 151 123 mean 12 123 MR COMERFORD I assume if the 2 123 government was buying plastic molding compound 3 4 that they would -- 4 5 I'm not sure what they would do 5 6 with but I -- I have got a pretty good 6 7 guess 7 8 Q. Any sales of any plastic molding 8 9 compound sales to the United States government 9 10 that you may be aware of 10 11 A. I will just say that because we 11 12 have this custom molder intermediary situation 12 13 and in the vast majority of cases I believe 13 14 that the -- that the government did have 14 15 applications that contained phenolic molding 15 16 compounds but who molded the parts themselves 16 17 can't be sure 17 18 Q. Okay 18 19 But my -- my question though was 19 20 a little different though 20 21 If you know do you have any 21 22 knowledge of specific sales from Rogers to the 22 23 federal government 23 24 A. No I do not 24 25 Q. And -- and I have -- I was remiss 25 Ree ra A Se oR STRSTR SCTE SSIES Is there such a thing A. The Society of Plastics Industry is still probably the largest trade group -- what do you call it Trade- Trade- trade association for Page 153 : ; the plastics industry as a whole so it still exists Whether the phenolic division still exists I don't know Q. And was Rogers a member of that Society of Plastics throughout the entire tenure that you were there A. No. Q. Let me ask you this Do you have any knowledge of whether or not Rogers was even a member of that association A. Yes Q. And when if at all did they become a member if you know A. I believe about 1982. '82 Q. And what -Was there something that precipitated Rogers gaining -- gaining an interest in this association and joining it rT SRO KR SS SS 39 Pages 150 to153 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 154 Page 156 fF i 1 A. That was the time that I met Don 2 Dew Sr. and we were trying to inaugurate the 1 the record 2 The time is approximately 1:31 3 phenolic molding of the SPI 3 p.m. 4 Q. Did the SPI have some kind of 4 EXAMINATION BY 5 predecessor association or did you guys start 5 MR CASIMIR 6 that new 6 Q. Good afternoon Mr. DeLassus Is 7 A. The SPI is an umbrella that has 8 many different divisions underneath it so in 7 ~~ that right 8 A. Yes 9 1982 we wanted to establish a phenolic molding 9 Q. My name is Gary Casimir I just 10 division underneath the SPI umbrella 10 have -- few questions 11 indicating 11 Could you explain if there's a 12 Q. If wanted to drive to this 12 difference between a general purpose phenolic 13 association where would I go 13 molding compound and other phenolic molding 14 A. The headquarters of it is in 14 compounds 15 Washington D.C. 16 Q. And how long have the 17 headquarters been there if you know 18 A. don't know Long time 15 A. The general -- 16 WhenI used the term general 17 purpose phenolic molding compounds I am 18 speking of materials that are -- that have very 19 Q. early as the 1960s 20 A. I don't know I don't know 19 little if any reinforcement and they are 20 generally wood flour or mineral filled with 21 how -- at least 1980 but earlier than that I 21 resin or other things but -- 22 don't know where it was 22 Q. Do the general purpose phenolic 23 Q. Do you - 222 molding compounds have asbestos 24 Do you know or are you aware of 222 A. don't 25 any associations that Rogers may have been 25 I don't know if any of the Page 155 Page 157 123 associated with at any time during the 70s or 123 80s -- 1 general purpose compounds had asbestos in it or 2 not 123 A. In the 80s -- 4 Q. -- other than this Other than 5 this association 6 A. Other than this no 7 Q. Was Rogers ever a member of the 8 National Safety Council 9 A. don't know 3 Q. Okay 4 Earlier you had testified that 5 through some documents you saw published by the 6 SPI there was a total production of four 7 hundred million pounds of phenolic molding 8 compound 9 Do you know if all of that was 10 MR COMERFORD Okay Sir am 11 through 12 I may have a followup question 13 after -- as we go around the table but I don't 14 anticipate and I hope I am right many 15 questions from -- from the defendants here but 16 I will pass the witness at this time 17 MR CASIMIR Can we go off the 18 record 10 containing or some of it was Do you 11 know what the 33 the -- the -- the differences 12 between the two if any 13 A. No Response 14 Q. Let me -- I'm sorry Withdraw 15 that question Let me rephrase it 16 Do you know if the four hundred 17 million pounds of phenolic molding compound -- 18 did it all contain asbestos 19 Informal discussion held off the 19 20 record 20 21 THE VIDEOGRAPHER We are off the 21 A. doubt it Q. Okay Do you know how much of it did or 22 record at 1:19 p.m. 22 did not contain asbestos 23 Recess taken at 1:19 p.m. 23 A. don't know 24 Resumed at 1:31 p.m. 24 Q. Okay 25 THE A VIDEOGRAPHER RS PPO ASTI OOS We back TESTO SSE SSS) 7 98 OPS aCe | 25 1 A SENECA CMTS You mentioned earlier that five STAND TANKER TANKER So Karen aces oY RA Nand K Pan nteneeene eT 40 Pag1e54 sto157 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 158 Page 160 |. 1 or six companies were producers of phenolic 2 molding compound 3 I am sorry seven companies 1 What does GTE stand for 2 Q. don't know 3 MR CASIMIR That's all the 4 One two three four -- six companies were 4 questions I have 5 producers of phenolic molding compound 6 Were there other companies that 5 Thank you 6 MR COMERFORD We are going to 7 you did not mention 8 A. Yes 7 go around the table 8 Any other questions 9 Q. Okay 10 Do you know how many other 9 MS WOOD No questions 10 MR COMERFORD Mr. Whitcomb 11 companies there were that you did not mention 12 names but number if you can give me 13 range 14 A. Four or five more 11 You are on the -- 12 MR WHITCOMB No questions 13 MR COMERFORD Mr. Santomassimo 14 MR SANTOMASSIMO I have no 15 Q. Do you know the names of any of 16 the four or five that you did not mention 15 questions 16 MR COMERFORD Sir thank you 17 A. Yes do 17 for your time 18 Q. What are their names 19 Just so -- you mentioned Durez 20 Plenko GE Union Carbide Fiberite and Rogers 18 We are done 19 THE VIDEOGRAPHER That will 20 conclude the recording of this deposition and 21 A. Yeah Reichold D 21 the videotape 22 Bakelite Thermalsets Limited Resinoid and I 22 We are off the record at 23 think the name of the company was Valentine 23 approximately 1:35 p.m. February 24th 2004 24 Sugar but their product was Val Light 25 Q. Now the Bakelite Company that 24 Time noted 1:35 p.m. 25 Page 159 1 you just mentioned -- 2 Is that the same company you 3 mentioned in Canada as well Bakelite Limited that 4 talking about Thermalsets Canada I am talking about is was in Canada -- 6 you know where it is now You Q. Do 7 said it was in Canada 8 A. think I - I suspect it was 9 absorbed by some other corporation That plant 10 is probably not used at all 11 Q. Is that the plant that you 12 visited in 1983 that you were thinking of 13 acquiring 14 A. Yes 15 Q. At that time it was no longer 16 functioning 17 At that time it was no longer 18 functioning is that correct 19 A. That's correct 20 Q. Do you know if a company named 21 GTE also produced phenolic molding compounds 22 A. GTE 23 Q. huh 24 A. I don't know if they produced 25 compounds or not 1 ACKNOWLEDGMENT 2 STATE OF NEW YORK SS 3 COUNTY OF DELASSUS 4 , MARK hereby certify 5 that I have read the transcript of my 6 testimony taken under oath in my deposition 7 of February 24 2004 that the transcript is 8 a true complete and correct record of what 9 was asked answered and said during this 10 deposition and that the answers on the record 11 as given by me are true and correct 12 14 www 15 MARK DELASSUS 16 Signed and subscribed to before me this day 58 of > 2004 18 Page 161 Public 87232 Notary Public 872322 872322 872322 872322 25 "41 Pages 158 to 161 PRIORITY COURT REPORTING SERVICES 718 983-1234 Mark DeLassus Page 162 CERTIFICATE I CHERYLL KERR hereby certify 123 that the Examination Before Trial of MARK DELASSUS was held before me on February 24 1235 2004 6 That said witness was duly sworn before the commencement of his testimony That the within testimony was stenographically recorded by myself and is a true and accurate record of the Examination Before Trial of said witness That the parties herein were represented by counsel as stated herein That I am not connected by blood or marriage with any of the parties I am not interested directly or indirectly in the matter in controversy nor am I in the employ of any of the counsel IN WITNESS WHEREOF I have hereunto set my hand this 24th day of February 2004 CHERYLL KERR PRIORITY COURT REPORTING SERVICES 718 983-1234 42 Page 162