Document N2kjprEY5O162q6Y3wDGR9qnD

Asbestos Litigation Filed The Simmons Firm vs GA-Paclfic, et *1. C. William Lehnert 10/3/2001 Pagel 1 IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT 2 MADISON COUNTY, ILLINOIS 3 4 ALL ASBESTOS LITIGATION FILED BY THE SIMMONS FIRM, L.L.C., 5 Plaintiffs, 6 vs. 7 GEORGIA-PACIFIC, et al., i 8 Defendants. 9/ 10 11 1.2 VIDEO DEPOSITION OF C. WILLIAM LEHNERT 13 DATE: October 3, 2001 14 TIME: 10:49 A.M. to 2:22 P.M 15 LOCATION Sanibel Harbour Resort 16 17260 Harbour Pointe Drive Fort Myers, Florida 17 TAKEN BY Counsel for Defendant 18 Georgia-Pacific Corporation 19 BEFORE: Sheryl L. Akerley, RMR Notary Public 20 State of Florida at Large. 21 22 23 24 25 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 F (704) 372-4593 \t* o Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et ai. C. William Lehnert 10/3/2001 Page 2 1 APPEARANCES: 2 On Behalf of the Plaintiffs: 3 The Simmons Firm, L.L.C. . Randall A. Bono, Esquire 4 William A. Kohlburn, Esquire 301 Evans Avenue 5 Wood River, Illinois 62095' (618) 251-2222 6 On Behalf of the Defendant Georgia-Pacific Corporation: 7 Nelson Mullins Riley & Scarborough, L.L.P. 8 Julia Bennett Jagger, Esquire First Union Plaza, Suite 1400 9 999 Peachtree Street, N.E. Atlanta, Georgia 30309 10 (404) 817-6287 11 Johnson Tomlin & Johnson Virginia Easley Johnson, Esquire 12 4770 Biscayne Boulevard, Suite 1030 Miami, Florida 33137-3251 13 (305) 438-9899 14 Burroughs Hepler Broom MacDonald Hebrank & True Jeffrey S. Hebrank, Esquire 15 103 W. Vandalia, Suite 300 Edwardsville, Illinois 62025 16 (618) 656-0184 17 On Behalf of the Defendant USX Corporation: 18 Winderweedle, Haines, Ward & Woodman, P.A. Robert P. Major, Esquire 19 1500 NationsBank Center 390 North Orange Avenue 20 Orlando, Florida 32801 (407) 246-8661 21 On Behalf of the Defendants Union Carbide 22 Corporation and Certain-Teed: 23 Heyl Royster Voelker & Allen Kent L. Plotner, Esquire 24 Mark Twain Plaza II, Suite 100 103 West Vandalia 25 Edwardsville, Illinois 62025 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Fadfic, et al. C. William Lehnert 10/3/2001 Page3.| 1 APPEARANCES (Cont'd.) 2 On Behalf of the Defendant Union Carbide: 3 Foley & Lardner Trevor J. Will, Esquire 4 Firstar Center . . 777 East Wisconsin Avenue 5 Milwaukee, Wisconsin 53202-5367 (414) 297-5536 6 On Behalf of the Defendant Scapa Dryer Fabrics: 7 Hawkins & Parnell, LLP 8 S. Christopher Collier, Esquire 4000 Suntrust Plaza 9 303 Peachtree Street, N.E. Atlanta, Georgia 30308-3243 10 (404) 614-7400 11 On Behalf of the Defendant Certain-Teed: 12 Shea & Gardner Elizabeth R. Geise, Esquire 13 1800 Massachusetts Avenue, N.W. Washington, D.C. 20036 14 (202) 828-2177 15 On Behalf of the Defendant Mt. Vernon Mills, Inc.: 16 Kasowitz, Benson, Torres & Friedman, LLP Jason C. Odom, Esquire 17 1360 Peachtree Street, N.E., Suite 1150 Atlanta, Georgia 30309 18 (404) 260-6080 19 On Behalf of the Defendant 3M Corporation: 20 Richman Greer Weil Brumbaugh Mirabito & Christensen 21 Mark A. Romance, Esquire One Clearlake Centre, Suite 1504 22 250 Australian Avenue South West Palm Beach, Florida 33401-5016 23 (561) 803-3500 24 25 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 1 APPEARANCES (Cont'd.) 2 On Behalf of the Defendants Sears Roebuck & Company and Congoleum Corporation: 3 Kurowski & Bailey, P.C. 4 Curtis R. Bailey, Esquire 24 Bronze Pointe 5 Swansea, Illinois 62226 (618) 277-5500 6 On Behalf of the Defendant ACandS: 7 Bice, Cole, Glenny, et al. 8 Gary L. Sanders, Esquire 1333 S.E. 25 Loop 9 Ocala, Florida 34478 (352) 732-2255 10 On Behalf of the Defendant John Crane: 11 Daniel J. O'Connell & Associates 12 James M. Walsh,Esquire 217 N. McLean 13 Elgin, Illinois 60123 (847) 741-4603 14 Also Present: 15 Joe Pitcher, Videographer 16 17 INDEX OF EXAMINATION 18 By Ms. Jagger - Pages 8, 107 19 By Mr. Bono r Pages 43, 108, 112 By Mr. Kohlburn - Page 60 20 By Mr. Will - Page 79 By Ms. Geise - Pages 100, 110 21 22 DEFENDANT GEORGIA-PACIFIC EXHIBITS 23 Composite A - 123 pages of formulas 24 B - Asbestos-containing formulas 25 --------- PAGE 18 24 10/3/2001 Page 4 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 PageS 1 THE VIDEOGRAPHER: My name is Joe Pitcher, 2 videographer. Today's date is October 3rd, 2001. 3 The time is 10:49 a.m. This is the video deposition 4 of C. William Lehnert being held at Sanibel Harbour 5 Resort, 17260 Harbour Pointe Drive, Fort Myers, 6 Florida in the case of All Asbestos Litigation filed I 7 by The Simmons Firm, LLC versus A.P. Green 8 Industries, Incorporated, et al., defendants. 9 The court reporter is Sherie Akerley. I 10 Do you all want to state your names for the 11 record? 12 . MR. BONO: And who they represent, please. 13 THE VIDEOGRAPHER: And who you represent. 14 And do you want to start right here at the corner 15 right here? 16 MR. MAJOR: Robert Major, USX Corporation. 17 MR. BONO: Randall Bono, plaintiffs. 18 MR. KOHLBURN: William Kohlburn, plaintiffs 19 MS. JAGGER : Julie Jagger, Georgia-Pacific. 20 MR. HEBRANK: Jeff Hebrank, Georgia-Pacific 21 MR. COLLIER: Chris Collier, Scapa. 22 MR. ODOM: Jason Odom, Mt. Vernon Mills. 23 MR. WALSH: James Walsh, John Crane. 24 MS. GEISE: Elizabeth Geise, Certain-Teed 25 Corporation. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pclflc, et a!. --C. William Lehnert 10/3/2001 Page 6 1 MR. PLOTNER: Kent Plotner, Certain-Teed 2 Corporation and Union Carbide Corporation. 3 MR. WILL: Trevor Will, Union Carbide . 4 Corporation. 5 MR. ROMANCE: Mark Romance, 3M. 6 MS. JOHNSON: Virginia Johnson, B 7 Georgia-Pacific. 8 MR. BAILEY: Curtis Bailey, Sears Roebuck & 9 Company and Congoleum Corporation. 10 MR. SANDERS: Gary Sanders, ACandS. | 11 THE VIDEOGRAPHER: The court reporter may I 12 swear in the witness. 13 MR. BONO: Before we do, first I want to put 14 on the record that we are cancelling the discovery 15 deposition that was to precede the evidence I 16 deposition. I 17 (Witness sworn.) I 18 MS. GEISE: Can I ask about stipulations for 1 19 objections before we start? | 20 MS. JAGGER: Yes. We may want to swear him 21 again and make some general statements. This 22 deposition is being taken pursuant to Notice filed 23 by counsel for plaintiffs and cross noticed by 1 24 Georgia-Pacific Corporation. By agreement of all 8 25 counsel, the deposition is limited in scope to the I 800*333*2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Factlic, et si. C. William Leimert """""" 10/3/2001 Page 7 | 1 following issues. First, the use of Union Carbide 2 SG-210 asbestos in Georgia-Pacific products. 3 Second, authentication of Georgia-Pacific 4 product formulas containing Union Carbide SG-210 5 asbestos. These formulas were given to 6 Georgia-Pacific, Certain-Teed and Union Carbide 7. counsel by plaintiffs' counsel in advance of the 8 deposition. I 9 And third, limiting --limitedquestioning | 10 regarding the relationship betweenBestwall Gypsum | 11 Company and Certain-Teed Corporation. 12 MR. BONO: One clarification. Although we 13 gave you the formulas, those were formulas that you 14 gave us in discovery. 15 MS. JAGGER: Correct. The formulas are from 16 the files and records of Georgia-Pacific 17 Corporation, and that will be established through 18 the witness, but I just wanted it to be clear that 19 these formulas are not being seen by the attorneys 20 here for the first time, they were distributed by 21 plaintiffs' counsel in advance of the deposition. 22 MR. BONO: And also it should be pointed out 23 that the videographer, although he mentioned this is 24 for The Simmons Firm, this is in the Circuit Court 25 of the Third Judicial Circuit, Madison County 800-333-2082 Reported By: Sheryl L, Akerley, RMR Spherion Deposition Services (704) 333-9889 Fix (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 8 1 Illinois, although it doesn't have a case number to 2 it. 3 MR. PLOTNER: And Randy, can we stipulate 4 that an objection by one is an objection for all? 5 MR. BONO: No. 6 MR. PLOTNER: No? State your objections? 7 MR. BONO: State your objections. 8 MS. GEISE: Everything but form of the 9 question reserved? 10 MR. BONO: No. 11 MS. JAGGER: Does anyone object if we have 12 Mr. Lehnert sworn in again so that we have a -- 13 MR. BONO: No. 14 MS. JAGGER: -- a nice record for the video? 15 MR. BONO: Do we unswear him when the 16 deposition's over so we can get him back to normal 17 life? 18 C. WILLIAM LEHNERT, 19 called as a witness by the Defendant Georgia-Pacific 20 Corporation, having been first duly sworn, as hereinafter 21 certified, was deposed and said as follows: 22 EXAMINATION 23 BY MS. JAGGER: 24 Q Good morning, Mr. Lehnert. Could you state 25 your full name for the Court and jury, please? 800-333*2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et a). C. William Lehnert 10/3/2001 Page 9 1 A Charles William Lehnert. I go by Bill. 2 Q Okay. Mr. Lehnert, as you know, I'm Julie 3 Jagger and I represent Georgia-Pacific Corporation. I'm 4 going to be asking you some questions this morning, and 5 then there will be some other attorneys who will ask you 6 some questions as well. 7 Can you tell us first, please, if you are 8 appearing here today voluntarily at the request of 9 Georgia- Pacific Corporation? 10 A Yes. 11 Q . Okay. Were you aware prior to the deposition 12 that the questions today would be primarily limited to 13 matters relating to the use of Union Carbide SG-210 14 asbestos in Georgia-Pacific products? 15 A Yes. 16 Q Mr. Lehnert, how old are you? 17 A Seventy-three. 18 Q And where do you live? 19 A I live at 14111 Mystic, M-Y-S-T-I-C, Seaport 20 Way, Fort Myers, Florida 33919. 21 Q Are you retired? 22 . A Yes. 23 Q When did you retire? 24 A In August of 1990. 25 Q Have you lived in the Fort Myers, Florida -nmmmmmmmmmammmmmmmmmmmmmmmmmmmmmmmmmmmnmmmmmmmmmmmmmmmmmmmmmKmmmmmmmmmmmmmmmm 800-333-2082 Reported By; Sheryl L. Akeriey, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 r Asbestos Litigation Filed The Simmons Firm vs GA-Fadfic, et al. C. William Ltfmert 10/3/2001 1 area since your retirement? Page 10 2 A Yes. 3 Q Okay. From what company did you retire? 4 A Georgia-Pacific Corporation. 5 Q Since your retirement in 1990, have you done 6 consulting work for Georgia-Pacific? 7 A Yes. 8 Q Can you tell the jury what types of 9 consulting work you have done for Georgia-Pacific? 10 A Yes. I have testified in litigations such as 11 I'm doing right now. I have testified in some trials, 12 and I have provided other technical assistance to 13 Georgia-Pacific when they have asked. 14 Q Has all of your consulting work related to 15 asbestos matters? 16 A No. 17 Q Whatother types ofmatters do you consult 18 for Georgia-Pacific on? 19 A They call me from time to time to ask 20 questions about different products based on the fact that 21 I have a background in the technical aspects of the 22 business. I have also gone to the research laboratory 23 and collated some documents for them. One particular 24 case it was on water resistant gypsum board. And I have 25 L testified in a patent infringement case. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclilc, et al. C. William Lehnert 10/3/2001 Page 11 I 1 Q Okay. Why were you asked to maintain a 2 consulting role for Georgia-Pacific when you retired? 3 A I was involved in the technical part of the 4 gypsum business for my entire career, and when I retired 5 I was the manager of the Product Development & Technical 6 Service Department and had held that title for some 7 number of years. 1 8 Q Did you attend college, Mr.Lehnert? 9 A Yes. i I 10 Q Where did you attend college and during what 11 years? 12 A Let's see. 1945 I got some college in an 13 Army specialized training program that was held in 14 Virginia Polytechnic Institute. They just call it 15 Virginia Tech now. And I went to Georgia -- went to 16 Grove City College, and also to Pitt some summers, and I 17 graduated from Grove City in 1950. . 18 Q Okay. With a degree in what subject? 19 A Bachelor of Science degree in --major in 20 chemical engineering, 21 Q Okay. Can you tell the jury where you were 22 employed in 1951? 23 A I was employed by Certain-Teed Products : 24 Corporation. 25 Q What was your job title? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 1 A Chemist. Page 12 2 Q How long were you employed by Certain-Teed 3 Products Corporation? 4 A Until May of 1956. 5 . Q Throughout that time of 1951 until May of 6 1956, were you always a chemist? 7 A Yes. 8 Q Okay. Who was your boss at Certain-Teed? 9 A Originally it was GilbertHoggatt, 10 H-O-G-G-A-T-T. 11 Q. And then did you have another boss 12 subsequently at Certain-Teed? 13 A Yes. 14 Q And who was that? 15 A Clarence Shuttleworth. 16 Q Okay. Are either Mr.. Hoggatt or 17 Mr. Shuttleworth alive today? 18 A No. 19 Q During the years that you worked for 20 Certain-Teed Products Corporation did you do any work 21 with joint system compounds? 22 A Yes. 23 Q And before we get into that, could you just '24 explain generally to the jury what joint system compounds 25 are? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 13 1 A Joint system compounds are products that are 2 used to tape and finish the joints on gypsum wallboard. 3 They are also used to conceal the dimpled nail heads, and 4 to cover the corner beads in gypsum wallboard 5 construction. 6 Q Okay. When you were employed by Certain-Teed 7 Products Corporation, what work did you do that involved 8 joint system compounds? 9 A I was asked to assume the responsibility for 10 the formulation of joint system compounds. 11 Q. Did those joint system compounds contain 12 asbestos? 13 A Yes. 14 Q What was the purpose of asbestos in the 15 products? . 16 A The asbestos would absorb a lot of water 17 which enabled the product to be able to be handled and 18 applied more easily than if the asbestos had not been 19 present. 20 Q Now, in May of 1956 by whom did you become 21 employed? 22 A Bestwall Gypsum Company. 23 Q How did that come about? 24 A Certain-Teed spun off the Gypsum Division and 25 called it Bestwall Gypsum Company. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Service! (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et si. -- ---------------------------------C. William Lehnert 10/3/2001 Page 14 1 Q Okay. Were you still a chemist at the time 2 that you began employment with Bestwall Gypsum Company in 3 May of 1956? 4 A Yes. 5 Q Was Mr. Shuttleworth still your boss at that | 6 time? 7A Yes. & 8 Q Okay. And how long were you employed by 9 Bestwall Gypsum Company? 10 A From 1956 to 1965. 11 Q Okay. During your years at Bestwall, did you 12 have any changes in your job title? 1 13 A Yes. | 14 Q Okay. What change and when did that occur? 1 15 A In 1960 a small research group was formed and 16 I was appointed the working group leader. 17 Q Okay. During your years with Bestwall Gypsum 18 Company were you still doing work on joint compound 19 products? 20 A Yes. 21 Q Okay. As a group leader beginning in 1960, 22 were you involved in the development of any new joint 23 compound products? 24 A Yes. 25 Q What products? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 1 A Ready Mix joint compound. Page IS . 2 Q Can you explain how Ready Mix joint compound 3 differed from the joint compounds that had existed 4 previously? 5 A The previous joint compounds were dry and 6 they were furnished in a bag, and Ready Mix was, as the 7 name indicates, mixed with water. It was a paste-type 8 product and it was sold in a pail, later in a carton. 9 Q Who had responsibility for the development of 10 Bestwall Ready Mix joint compound? 11 A I had that responsibility as the leader of 12 that research group. 13 Q When did Bestwall Ready Mix joint compound go 14 on to the market? 15 A I believe it was around 1965. 16 Q Did the joint compound products of Bestwall 17 between 1956 and 1965 contain asbestos? 18 A Between 1950 -- 19 Q 1956 and 1965. 20 A Yes. 21 Q Okay. By whom did you become employed in 22 1965? 23 A Georgia-Pacific Corporation. 24 Q Were you employed by anyparticulargroup or 25 division at Georgia-Pacific? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fox (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Pscific, et al. C. William Lehhert 10/3/2001 Page 16 1 A We became the Gypsum Division, which was a 2 part of the Building Products Division of 3 Georgia-Pacific. 4 Q Okay. Did you work for the Building Products 5 Division or the Gypsum Division? 6 A The Gypsum Division. 7 Q And did you always work for the Gypsum 8 Division during your years at Georgia-Pacific? 9 A Yes. 10 Q Okay. What were generally the products of the 11 Gypsum Division of Georgia-Pacific? 12 A Gypsum wallboard, which some people call 13 sheetrock. Firestop, which was a fire rated gypsum 14 wallboard product. Tile Backer Board, which was a tile 15 backing product of Georgia-Pacific. 16 Q So board products, and what else? 17 A And joint compounds and textures. 18 Q Now, when you began employment with 19 Georgia-Pacific in 1965, what was your job title? 20 A I was -- I think the title was changed to 21 Manager of Research at that time. 22 Q Okay. And how long did you hold that 23 position? 24 A Actually the position never changed much. /' V 25 The title changed sometime and later it was changed to 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et aL C. William Lehnert 10/3/2001 Page 17 1 Manager of Product Development & Technical Services. 2 Q So it was more of a name change than a change 3 in the type of work you did? 4 A , Yes. 5 Q And were you responsible in that position for 6 the laboratory research on products? 7 A Yes. 8 Q Including joint compounds? 9 A Yes. 10 Q Who was your boss during your employment at 11 Georgia-Pacific Corporation? 12 A Up until 1967 it was Clarence Shuttleworth. 13 After that it was Glen Wilson. 14 Q Is Mr. Wilson still alive? 15 A No. 16 Q What was his title? 17 A He was the Vice President of the Gypsum 18 Division and General Manager of the Gypsum Division. 19 Q Mr. Lehnert/ in your positions with 20 Certain-Teed, Bestwall and Georgia-Pacific, were you at 21 all times familiar with the product formulas for joint 22 compound products? 23 A Yes. 24 Q Okay. Would that include texture products? 25 A Yes. 800*333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333*9889 Fax (704) 372*4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al C. William Lehnert 10/3/2001 IPage 18 1 Q Would it also include acoustical products? B 2 A Yes. B 3 Q Was there a period of time when some 4 Georgia-Pacific joint system products contained asbestos 5 and others did not contain asbestos? 6 A Yes. 7 Q When was that, approximately? 8 A Approximately 1972 we began to be able to 9 develop products that did not have asbestos. 10 Q Okay. Did there come a time when 11 Georgia-Pacific nolonger manufactured any joint system | 12 product containing 13 A Yes. asbestos? . I | 14 Q When was that? 15 A May 4th, 1977. 1 8 16 Q Mr. Lehnert, you have in front of youa set 1 17 of documents that has been marked as Exhibit A. Do you H 18 see those? 8 19 A Yes. 20 Q Have you had an opportunity toreviewthose 21 documents in advance of this deposition? 22 A Yes. I 23 Q Okay. Are you familiar withthem? 24 A Yes. I I 25 Q What are they? B 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Ft (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclllc, et al. C. William Lehnert 10/3/2001 Pago 19 1 A They are joint system product formulas. 2 Q Okay. Of what company? 3 A For Georgia-Pacific Corporation. 4 Q Do you know whether or not that group of 5 formulas includes all of the joint compound formulas of 6 Georgia-Pacific? 7 A No, it does not. 8 Q Okay. Do you have any understanding as to who 9 selected the particular formulas included in Exhibit A 10 for discussion at this deposition? 1 11 MR. BONO: Objection, relevancy and 12 foundation. 13 THE WITNESS: I understand that they were 14 furnished by the plaintiffs' attorneys. 15 BY MS. JAGGER: 16 Q Okay. Do the documents contained in Exhibit A 17 come from the files of Georgia-Pacific Corporation? . 18 A Yes. 19 Q Would you have beenfamiliar with the 20 formulas in Exhibit A at or about the time they were 21 originally created? 22 A Yes. 23 Q Where atGeorgia-Pacific would these formula 24 documents in Exhibit A have been housed? 8 25 A Since 1982 they would have been housed at the 1 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et a!. C. William Lehnert 10/3/2001 1 Decatur gypsum laboratory. . Page 20 2 Q And prior to 1982? 3 A They would have been housed at. the Tigard 4 gypsum laboratory. 5 Q Okay. Who was -- 6 A Tigard, Oregon. I'm sorry. 7 Q Okay. Who was in charge of the Tigard, Oregon 8 and the Decatur, Georgia laboratories? 9 A I was the manager. 10 Q Would the documents in Exhibit Ahave been 11 under your custody and control? 12 A Yes. 13 Q Do those documents in Exhibit A, Mr. Lehnert, 14 appear to be true and correct copies of documents 15 maintained in the regular course of Georgia-Pacific's 16 business? 17 A Yes. 18 Q All right. In addition to reviewing the 19 formulas contained in Exhibit A, did you review anything 20 else in preparation for this deposition? 21 A Yes. 22 Q What did you review? 23 A Several hundred other formulas of 24 Georgia-Pacific's joint compounds, as well as some other 25 lab documents. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 J Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-PacUlc, et al. C. William Lehnert 10/3/2001 Page 21 1 Q Did you review only selectedformulas? 2 A No. 3 Q Did you haveaccess to andreview the entire 4 joint system formula set of Georgia-Pacific? 5 A Yes. 6 Q Why did you make that review, Mr. Lehnert? . 7 A So that we could put a history together of 8 the development of joint compounds, and in this case the 9 history concerning SG -- the use of SG-210 in joint 10 compounds. 11 MS. JAGGER: Can we go off the record a 12 second? 13 THE VIDEOGRAPHER: We're going off the 14 record. The time is 11:13 a.m. 15 (Discussion off the record.) 16 THE VIDEOGRAPHER: Back on the record. The 17 time is the 11:28 a.m. 18 MS. GEISE: Elizabeth Geise for Certain-Teed. 19 I just wanted to state for the record that my 20 understanding is that this deposition is being taken 21 pursuant to the Illinois Rules, which would provide 22 that all objections except to the form of the 23 question are reserved until trial. And I don't want 24 my silence at Mr. Bono's insistence that objections 25 have to be stated at the time to indicate that I 800-333-2082 Reported By. Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 22 1 have stipulated to that. I have stipulated to the 2 fact that this deposition is taken pursuant to the 3 Illinois Rules. 4 MR. BONO: What Illinois Rules are you I 5 referring to? 6 MS. GEISE: The Illinois Rules of Civil 7 Procedure. 8 MR. BONO: Do you know a particular rule I 9 number that says that that is in existence? I 10 MS. GEISE: No, Mr. Bono, and I don't mean to | 11 have an argument on the record. I just don't want 12 you to think that by my silence that I have 13 stipulated to those rules. I understand that we're 14 governed by the Illinois Rules, and I'll take my 15 chances. And I do not want you to think that I have 16 agreed with you that any objection except as to the 17 form of the question is reserved. I mean that any 18 objection on any basis needs to be stated at this 19 deposition. 20 I don't understand how we can possibly make 21 relevance objections in a deposition noticed in re 22 all Simmons cases. I think that would be an 23 impossibility. 24 MR. WILL: Trevor Will for Union Carbide. I 25 want to put on record that it is my understanding as 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et a!. C. William Lehnert 10/3/2001 Page 23 1 well that the Illinois Rules under which this 2 deposition is being taken under provide for the 3 reservation of all objections except as to form of 4 the question. I don't agree with Mr. Bono's 5 statement either, and I would point out that it is 6 possible that this deposition may attempt to be used 7 in jurisdictions other than Illinois, and it would 8 be my position on the record that we will object to 9 matters of form that can be corrected, but not to 10 other types of objections which would be reserved 11 till the time of trial. 12 MR. BONO: I'm putting on the record that 13 we're not agreeing to reserving any objections. If 14 you want to make any objections, you better make 15 them now. 16 MR. WILL: Well, that's your position, 17 Mr. Bono. I don't think you're the judge, so I 18 think the record's clear. Let's go ahead. 19 MR. BONO: Well, I can assure you you're not 20 the judge, counselor. Are you even licensed in the \21 State of Illinois? 22 MR. WILL: That's why I'm with counsel. 23 MR. BONO: Are you licensed in the State of 24 Illinois, sir? 25 MR. WILL: No, I'm not. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclfic, et al. C. William Lehnert 10/3/2001 Page 24 1 MR. BONO: Okay. Have you entered your 2 appearance in re the asbestos litigation as filed by 3 the Simmons Firm? 4 MR. WILL: I have not. 5 MR. BONO: Have you been admitted pro hac 6 vice in the State of Illinois in re the asbestos 7 litigation filed by The Simmons Firm? 8 MR. WILL: I have not, counsel, and let's 9 proceed. That's why I'm here with co-counsel. 10 MR. BONO: Well, let him make his objections. 11 BY MS. JAGGER: 12 Q Mr. Lehnert, during the break we have 13 adjusted the light so that it's not so bright, but if it 14 gets too bright, would you please let us know? 15 A Yes. Thank you. 16 Q Okay. Pointing your attention to Exhibit B, 17 do you recognize this document? 18 A Yes. 19 Q Did you prepare this document? 20 A Yes, I did. 21 Q Can you explain generally what this document 22 represents? 23 A Yes. It represents followingthe review I 24 made of Georgia-Pacific formulas, it is a history of 25 those joint compounds and texture formulas that contained 800-333-2082 Reported By: Sberyt L. Akerley, RMR Spherfon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed Hie Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 10/3/2001 1 SG-210 Union Carbide asbestos. Page 25 2 Q Mr. Lehnert, without reviewing or having this 3 document in front of you, would you be able in this 4 deposition to quickly and succinctly identify the 5 products manufactured by Georgia-Pacific which contained 6 Union Carbide asbestos? 7 A No. I went through several hundred documents 8 and it just wouldn't be possible to remember all of this 9 without making some kind of a history, as I have done 10 here. 11 MS. JAGGER: Okay. At this point I would 12 tender into evidence Exhibit B on behalf of 13 Georgia-Pacific Corporation. 14 BY MS. JAGGER: 15 Q Mr. Lehnert, is it correct that Exhibit B 16 relates only to Georgia-Pacific products and Union 17 Carbide asbestos? 18 A Yes. 19 Q Okay. Did Certain-Teed Corporation joint 20 compounds ever contain Union Carbide asbestos? 21 A No. 22 Q Do you know what company suppliedasbestos to 23 Certain-Teed for joint compounds? . 24 A Yes. 25 Q Who were those companies? 800-333-2082 Reported By: Sheryl L. Alcerley, RMR Spherion Deposition Services (704) 333-9889 Fas (704) 372-4593 Asbestos Litigation Filed Tbe Simmons Firm vs GA-Paclfic, et al. C. William Lehnert 10/3/2001 Page 26 1 A Phillip Carey Company and Johns Manville 2 Corporation. 3 Q Did Bestwall Gypsum joint compounds ever 4 contain Union Carbide asbestos? 5 A No. 6 Q Do you know what companies supplied Bestwall 7 Gypsum with asbestos used in their joint compounds? 8 A Yes. ' 9 Q What companies were those? 10 A It was the Johns Manville Corporation and the . 11 Phillip Carey Company. 12 Q Okay. Did Georgia-Pacific joint compounds 13 ever contain Union Carbide asbestos? 14 A Yes. 15 Q Was Union Carbide the only supplier of 16 asbestos to Georgia-Pacific? 17 A No. 18 Q Do you know who the other suppliers were? 19 A Yes. 20 Q Who were they? 21 A Johns Manville and Phillip Carey. 22 Q Were there everinstances where a particular 23 joint compound would contain asbestos supplied by more 24 than one company? 25 A Yes. *'.'"mmffH 800-333-2082 HB Reported By: Sheryl L. Akerley, RMR Sphcrion Deposition Services (704) 333*9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. a William Lehnert 10/3/2001 Page 27 1 1 Q Mr. Lehnert, when you review the product | 2 formulas of Georgia-Pacific, such as those contained in 3 Exhibit A, how do.you determine what company supplied the 4 asbestos used in that particular formula? 5 A By the designation in the formula itself. .6 Q Okay. So using, just for an example. Exhibit 7 A, Page A-l, Ready Mix Filler, Acme, Texas, it says under 8 "Raw Materials" Asbestos 7RF09. How do you determine who 9 supplied Asbestos 7RF09 for that formula? 10 A That was the designation used by the Phillip 11 Carey Company. 12 Q Okay. And down a little bit farther it says 13 Asbestos SG-210. Do you see that? 14 A Yes. 1 I 15 Q How do you determine what company supplied I 16 the Asbestos SG-210 for that formula? 17 A That was the designation used by Union 18 Carbide -- 19 Q Okay. 20 A -- for their asbestos. 21 Q So would it be correct, then, that in any 22 given formula if the designation 7RF09 appears that means 23 it was supplied by Phillip Carey? 24 A Yes. 25 Q Would it also be correct that if the 1 800*333-2082 Reported By: Sheryl L, Akerlcy, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Facific, et a!. C. Wliliam Lchnert 10/3/2001 Page 28 1 designation Asbestos SG-210 appears, that asbestos would 2 have been supplied by Union Carbide? 3 A Yes. 4 Q Okay. In a few of the otherformulas there is 5 a designation for Asbestos 7RF02. Do you recognize that 6 designation? 7 A Yes. 8 Q What company hadthat designation,if you 9 know? 10 A Johns Manville Corporation. 11 Q So that would it be correct that if a formula 12 identifies Asbestos 7RF02, that asbestos would always 13 have beensupplied by Johns Manville? 14 A Yes. 15 Q Okay. In Exhibit B, Mr. Lehnert, at the top 16 of that document you have written "Overall usage dates". 17 Do you see that? 18 A Yes. 19 Q Could you give us those dates and tell us 20 generally what that means? 21 A Okay. The dates were December 29, 1969 to 22 May 4th, 1977. And the December 29, '69 date was the 23 first that Union Carbide SG-210 asbestos was used in a 24 Georgia-Pacific joint compound product. And 5 -- 25 May 4th, 1977 was the date when there was no further 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et at. C. 'William Lehnert 10/3/2001 . Page 29 i 1 Union Carbideasbestos used inGeorgia-Pacific joint B 2 compounds. 8 3 Q Now, it appears that in Exhibit B you have 1 4 broken down those usage dates byplants and products. Is I 5 that correct? 8 6 A That's correct. 8 7 Q Okay. And the first one you have listed is | 8 the Acme, Texas 9 A Yes. plant? | I 10 Q Can you tell us what geographical area the I 11 Acme, Texasplant supplied? I 12 A Yes. It would have supplied joint compounds 13 for the southwestern part of the United States. 14 Q Okay. The second plant that you list is 15 Akron, New York. What geographical area would that plant 16 have supplied? 17 A The Akron, New York plant could have supplied 18 the northeastern United States with joint compounds. 19 Q Okay. The third plant is the Chicago, 20 Illinois plant. What geographical area would that plant 21 supply? 22 A The Chicago plant would have furnished the B 23 requirements for joint compounds in the Midwest. 1 24 Q The next plant is Marietta, Georgia. What 25 area geographically would that plant supply? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-1593 Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et al. C. William Lehnert 10/3/2001 Page 30 1 A The Marietta, Georgia plant would furnish the 2 requirements for the southeastern part of the United 3 States. 4 Q And the last plant that's listed is the 5 Milford, Virginia plant. What geographical area would 6 that plant supply? 7 A Milford supplied in between Akron and 8 Marietta, so I don't know how we designate that 9 particular part. Maybe the east central part of the 10 United States. 11 Q Okay. Were all of these plants gypsum 12 plants? 13 A No. 14 Q Were they all plants of the Gypsum Division 15 of Georgia -Pacific? 16 A Yes. . 17 Q Mr. Lehnert, in your review of the formulas 18 of Georgia -Pacific, did you identify products 19 manufactured at the Acme, Texas plant which contained 20 Union Carbide asbestos? 21 A Yes. 22 Q What products did you identify? 23 A All Purpose, Triple Duty, Speed Set, non 24 aggregate texture for walls and ceilings, polystyrene 25 ceiling texture and Ready Mix. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333*9889 Fax (704) 372*4593 Asbestos litigation Filed The Simmons Firm vs GA-Paeiflc, et al. C. William Lehnert 10/3/2001 Page 31 1 1 Q Okay. And have you Identified in Exhibit B I 2 the dates and ranges of Union Carbide asbestos for those I 3 products? I 4 A Yes. 5 Q Okay. What is the difference between the 6 textures and the All Purpose, Triple Duty and Speed Set 7 joint compounds, in terms of use? 8 A In terms of use? For the most part the All 9 Purpose, Triple Duty and Speed Set were used in joint | 10 taping and finishing operations in the gypsum wallboard I 11 construction, whereas thetextures were used as a | 12 decorative effect after the joints and nail heads and 13 corner beads were all finished. 14 Q Okay. Based on your review of the 15 Georgia-Pacific product formulas, did you identify 16 products manufactured at the Akron, New York plant which 17 contained Union Carbide asbestos? 18 A Yes. 19 Q What products did you identify? 20 A Drywall adhesive, bedding compound, topping . 21 compound and Ready Mix. 22 Q And have you on Exhibit B identified the 23 dates and the amounts of Union Carbide asbestos -- 24 A Yes. 25 Q -- contained in those products? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C, William Lehnert 10/3/2001 1 A Yes. Page 32 2 Q Based on your review of the formulas, did you 3 identify any products manufactured at the Chicago, 4 Illinois plant that contained Union Carbide asbestos? 5 A Yes. 6 Q What products were those? 7 A All Purpose, bedding compound, topping 8 compound and Ready Mix. 9 Q Have you set out on Exhibit B the dates and 10 amounts of the use of Union Carbide in those products? 11 A Yes. 12 Q Based on your review of the Georgia-Pacific 13 formulas, did you identify any products manufactured at 1 14 the Marietta, Georgia plant which contained Union Carbide 15 asbestos? 16 A Yes. 17 Q What products were those?. 18 A Central Mix and Ready Mix. 19 Q Okay. And have you set out the dates and the | 20 amounts of the Union Carbide usage for those products? I 21 A Yes. I 22 Q Based on your review of the Georgia-Pacific 8 23 formulas, did you identify any products manufactured at 24 the Milford, Virginia plant that contained Union Carbide 25 asbestos? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Paclfic, et al. C. William Lehnert 10/3/2001 ----------------------------------------------------------------------------1 Page 33 1 A Ye s. 2 Q What products were those? 3 A Ready Mix. 4 Q Okay. Mr. Lehnert, I'd like tofocus your 5 attention in Exhibit B on Ready Mix. And I'm going to go 6 plant byplant,beginning with the Acme, Texas plant. I 7 During what times did Ready Mix joint 8 compound manufactured at the Acme, Texas plant contain 9 Union Carbide asbestos? 10 A Between September 22nd, 1971 to May 4th, 11 1977. . 12 Q And in what ranges percentage-wise was Union 13 Carbide asbestos used? 14 A One percent to 3.75 percent. 15 Q Did all of the Ready Mix manufactured at 16 Acme, Texas between September 22, 1971 and May 4, 1977 17 containUnionCarbide asbestos? 18 A No. | B 19 Q Okay. What Ready Mix formulas during that 20 time, and again we're talking about September 22, 1971 to 21 May 4, 1977, what Ready Mix formulas did not contain 22 Union Carbide asbestos? 23 A Ready Mix topping furnished between 24 March 8th, 1974 to September 10th, 1975 in four-gallon 25 cartons and five-gallon pails did not contain SG-2.10 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9880 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 34 | 1 asbestos. And of course the asbestos-free products did I 2 not contain SG-210 asbestos. I 3 Q Okay. Now, what's the difference between 4 Ready Mix topping and formulas which are just Ready Mix? 5' A Ready Mix topping is different inasmuch as it 6 has a lesser amount of binder because it's not required 7 for the taping operation. And so -- and also it sands 8 easier since it doesn't have as much adhesive in the 9 formula. 10 Q Okay. What can a person use a general Ready 11 Mix formula to do? 12 A He can tape the joints in gypsum wallboard 13 construction. He can finish those joints with this same 14 material. He can cover the nail heads so that they're 15 hidden, and he can use it to fill in the corner beads in 16 gypsum wallboard construction. 17 Q Could a person use Ready Mix topping to do 18 all of those same functions? 19 A No. 20 Q Which one of those functions or ones of those 21 functions could a person use Ready Mix topping to 22 perform? 23 A The finishing only. 24 Q Pointing your attention nowto thesecond 25 page, to the Akron, New York plant, in your review of the *00-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 1 product formulas, did Ready Mix joint compound Page 35 2 manufactured at the Akron, New York plant contain Union 3 Carbide asbestos? 4 A Yes. 5 Q During what time periods did Akron Ready Mix 6 contain Union Carbide asbestos? 7 A Between December 29th, 1969 to May 4th, 1977. 8 Q Did all of the Ready Mix manufactured at 9 Akron between those dates contain Union Carbide asbestos? 10 A Virtually all of the formulas contained Union 11 Carbide asbestos, except for the asbestos-free formulas. 12 Q Okay. Were there any asbestos-containing 13 formulas between December 29, 1969 and May 4, 1977 for 14 Akron Ready Mix that did not contain Union Carbide 15 asbestos? 16 A No, all of the Akron formulas contained the 17 SG-210 asbestos, except for asbestos-free joint compound 18 Ready Mix. 19 Q Your Exhibit B contains the language 20 virtually all formulas up to September, or 9, which I 21 assume is September, 1970, used 7RF-9 asbestos. Is that 22 what you wrote? 23 A Yes. 24 Q Okay. Whose asbestos or who supplied 7RF-9 25 asbestos? 800-333-2082 Reported By; Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 o ') 1 A Phillip Carey. Page 36 2 Q So between December 29 and 1969 -- excuse me. 3 Strike the question. 4 Between December 29, 1969 and September *70, 5 are you indicating by this that virtually all of the 6 asbestos used was 7RF-9 Phillip Carey? 7 A What were the dates again? I got lost here. 8 What were the dates? Can I have the question asked 9 again? 10 Q I'm just -- I'm trying to understand your 11 chart. 12 A Okay. 13 Q Between December 29, 1969 and 14 September 1970 -- 15 A Oh, I see. 16 Q -- did Akron Ready Mix contain only Onion 17 Carbide or some mix of asbestos? 18 A It would havecontained-- could have 19 contained some mix of asbestos during that period of 20 time. Between '69 and -- well, no, my notes here say 21 that virtually all formulas, and I suppose there were 22 some maybe that had a combination, however, but virtually 23 all the formulas up to September 1970 had the 7RF-9 24 asbestos. But from September forward all available 25 formulas used some SG-210, some SG-210, except for 8004334082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704)372-4893 Asbestos Litigation Filed the Simmons Firm vs GA-Facific, et al. . C. William Lehnert 10/3/2001 1 asbestos-free. Page 37 2 Q Moving now to Chicago, in your review of the 3 formulas, was Ready Mix manufactured at Chicago a product 4 which contained Union Carbide asbestos? 5 A Yes. 6 Q And what were the dates that it contained 7 Union Carbide asbestos? 8 A Between October 21st, 1970 to May 4th, 1977. 9 Q Did all of the Ready Mix manufactured at 10 Chicago during that timeframe contain Union Carbide 11 asbestos? 12 A All of the general formulas, but there were 13 some exceptions between -- do you want me to give you the 14 exceptions? . 15 Q Yes. , 16 A Between May 20th, 1974 to December '74 there 17 was a special request formula, and between March 1st, 18 1975 to March 23rd, 1976 there was some special trial 19 shipments made. And there were two Ready Mix topping 20 formulas available between May 27th, 1975 and March 22nd, 21 1976, and also between March 25th, 1974 and March 23rd, 22 1976. 23 In addition to those -- those were the two 24 Ready Mix. The first date I gave you was the first Ready 25 Mix and the second date was the second Ready Mix which 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Aibestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 38 1 1 did not contain SG-210. And then in addition to those 2 the asbestos-free formulas that were made available. 3 Q Okay. Mr. Lehnert, if -- what does it mean to 4 say that a formula is a special request only? 5 A There were customers that asked for some 6 special Ready Mix, and it might have been a different 7 color. It might have had some additional workability 8 characteristics. It was something that was made for -- 9 that the customer had requested. 10 Q Okay. If a customer didn't request a specific 11 special formula, would they receive the general formulas? 12 A Yes. 13 Q Moving to the next page of Exhibit B, the1 14 Marietta, Georgia plant, based on your review of the I 15 formulas, was Union Carbide asbestos used in Ready Mix 16 manufactured at the Marietta, Georgia plant? 17 . A Yes. I 18 Q During what years? | 19 A Between March 6, 1972 to May 4th, 1977. I 20 Q Okay. Did all of the asbestos-containing 21 Ready Mix manufactured at the Marietta, Georgia plant 22 contain Union Carbide asbestos? 23 A Yes. The only exception was the 24 asbestos-free product that was made available. i 25 Q Okay. And lastly, the Milford, Virginia 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et aL C. William Lehnert 10/3/2001 Page 39 1 plant, based on your review of the product formulas, did 2 Ready Mix joint compound manufactured at Milford, 3 Virginia contain Union Carbide asbestos? 4 A Yes. 5 Q During what time frames? 6 A Between June 21st, 1973 to at least 7 January 20th, 1975. 8 Q And why do you say at least January 20, 1975? 9 A We had a formula for Ready Mix with SG-210 10 asbestos on March 20th, 19 -- up until March 20th, 1975, 11 but there -- 12 MS. JOHNSON: January. 13 A -- January 20th, 1975, but a lab document 14 excluded it as of that date. So we're notabsolutely 15 sure. There might have been a formula, but the lab 16 document excluded it, so it wouldn't have gone beyond f 17 that date. It wouldn't have been available beyond that 18 date. I 19 Q Did all of the Ready Mix general formulas at 20 Milford, Virginia, between June 21, 1973 and January 20, 21 1975 contain Union Carbide asbestos? 22 A No. Oh, yes, all the general formulas, yes, 23 that's correct. 24 Q Okay. 25 A Is that what your question was? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos litigation Filed the Simmons Firm vs GA-Paciflc, et al. C, William Lehnert 10/3/2001 i 1 Page 40 Q Yes. Were there some Ready Mix formulas that 2 did not contain Union Carbide asbestos from Milford? 3 A Yes. 4 Q Okay. 5 A There were topping.There was a crack 1 6 resistant formula that was furnished on special request. 7 A buff taping formula was special request, as well as the 8 asbestos-free, which wouldn't have SG-210. 9 Q Okay. Mr.Lehnert, based on your review of 10 the Georgia-Pacific product formulas, does the 11 information contained in Exhibit B identify all of the 12 joint compound products of Georgia-Pacific which ever 13 contained Union Carbide asbestos? 14 A Yes. 15 Q Okay. As you sit here today, do you recall 16 ever personally meeting or talking to anyone from Union 17 Carbide Corporation? 18 A No. 19 MS. JAGGER: That's all the questions I have 20 right now. These other attorneys are going to have 21 some questions, and I would suggest a short break. 22 THE VIDEOGRAPHER: We're going off record. 23 The time is 11:59 a.m. 24 (Recess taken.) 25 THE VIDEOGRAPHER: Back on the record. 800-333-2082 Reported By: Sberyl L. Akerley, RMR Spherion Deposition Service* (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pactflc, et al. C. William Lehnert 10/3/2001 1 time is 12:14 p.m. Page 41 2 BY MS. JAGGER: 3 Q Mr. Lehnert, I apologize. I have a couple of 4 more questions. During the break you pointed out to me 5 that you had made a mistake in your testimony regarding 6 Ready Mix at the Milford, Virginia plant. Am I correct? 7 A That's correct. 8 Q Okay. Would you explain that mistake? 9 A I understand that I said, and I didn't mean 10 to say, that it was Ready Mix with SG-210 was not made 11 between 6/21/73 and on to at least January 20th, '75, and 12 I should have said it was used in Ready Mix in those 13 dates. 14 Q Okay. Exhibit B indicates that the Ready Mix 15 manufactured at Milford, Virginia containing Union 16 Carbide asbestos was manufactured to at least January 20, 17 1975, correct? 18 A Yes. 19 Q Okay. And why do you say it was until at 20 least January 20, 1975? 21 A There was a lab document that told us that it 22 was not manufactured after that date. There was a lab 23 document that omitted that particular product. 24 Q Omitted, is that what you said? 25 A Excluded, yes, that product after 1 -- 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Sendees (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons firm vs GA-Pncifk, et aL C. William Lehnert 10/3/2001 1 January 20th, 1975. Page 42 _ 2 MS. JOHNSON: At least. 3 THE WITNESS: Yes, to at least. Yeah. It 4 may have been dropped before that, but -- oh, no, it 5 was at least until 1975, and the lab document 6 indicated that it wasn't manufactured thereafter. 7 BY MS. JAGGER: 8 Q Okay. You have testified about some special 9 formulas, like special request only or crack resistant 10 formulas? Mr. Lehnert? 11 A Yes. I'm still back onthis. Could I go 12 back on this? 13 Q Yes. 14 A I realize what I'm saying now, and I'm all 15 fouled up. It was at least, but it could have been 16 manufactured longer than that, and a lab document 17 indicated that it was manufactured after that rather than 18 was not manufactured. So I'm sorry I got that fouled up. 19 Q Okay. So let's make sure wehave aclear 20 record. At Milford, Virginia, Ready Mix joint compound 21 containing Union Carbide asbestos was manufactured from 22 June 21, 1973 to at least January 20, 1975, is that 23 correct? 24 A That's correct. 25 Q Okay. And how do you know that it was 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclfic, et al. C. William Lehnert 10/3/2001 1 manufactured at least until January 20, 1975? Page 43 2 A Well, we had a lab document that included it, 3 not excluded it, so then it would at least have been 4 still manufactured at that point. 5 Q Okay. Now, changing gears for a minute, 6 Mr. Lehnert, you have made reference in this deposition 7 to special formulas such as special request formulas, 8 special crack resistant formulas, and things like that. 9 Do you recall? 10 A Yes. , 11 Q Okay. If a special formula was being 12 manufactured, would the general Ready Mix formulas still 13 be manufactured at the same time? 14 A Oh, yes. 15 MS. JAGGER: Okay. Thank you for your time. 16 That's all my questions for right now. 17 EXAMINATION 18 BY MR. BONO: 19 Q We can say good afternoon now, Mr. Lehnert. 20 A Sure. 21 Q What was thebiggest plantthat 22 Georgia-Pacific had that made the joint compound 23 products? 24 A The Acme,Texas plant was the largest plant. 25 Q Do you knowwhatpercentage of the products 800-333-2082 Reported By: Sberyl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 F*x (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc* et aL C. William Lehnert 10/3/2001 1 they manufactured? Page 44 2 A No, I do not. 3 Q Okay. Looking at your Exhibit B, sir, you 4 have the first product there being All Purpose. Was that 5 All Purpose joint compound? 6 A Yes. 7 Q Did that come in a dry or wet formulation? 8 A It was adry product. 9 Q Okay. The Ready Mix line, is that -- when 10 you say Ready Mix, does that mean it's already ready 11 mixed with water? 12 A Yes. 13 Q Okay. And it comes like a paste? 14 A Yes, in a metal pail or a plasticpail. 15 Q Okay. The Ready Mix line, was that the only 16 line that Georgia-Pacific manufactured that came in pails 17 or buckets? 18 A Yes. 19 Q Okay. The other joint compound products that 20 Georgia-Pacific manufactured came in bags, is that 21 correct? 22 A That's correct. 23 Q And it came in a powdered form? 24 A Yes. 25 Q And it had to be mixed with water? And had 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et ai. C. William Lehnert 10/3/2001 1 to be mixed with water? Page 45 2 A Yes. 3 Q Okay. The All Purpose joint compound that's 4 No. 1 on your Exhibit B, from March 11th, 1990 -- '74 5 until at least 12/16/75 contained SG-210, is that 6 correct? 7 A Yes. 8 Q Did any otherplantsmanufacture All Purpose 9 joint compound? 10 A Yes, I believe Chicago did. And I believe we 11 have Chicago down here. 12 Q Yes,sir. 13 A Yes.- IT Q Any other plantsbesides Chicago orAcme, 15 Texas? 16 A I don't have all -- I'd have to consult the 17 formulas, all the formulas, to be sure, but it was -- I 18 think it was limited to those two plants. 19 Q Okay. Moving on, still on Exhibit B, sir, 20 your Triple Duty, is that a Triple Duty joint compound? 21 'A Yes. 22 Q Came in a bag? 23 A Yes. 24 Q From October 5th, 1974 to at least 25 April 22nd, 1976 did all Triple Duty joint compound 800-333-2082 m Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fox (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 46 1 manufactured at Acme, Texas contain Onion Carbide SG-210 2 asbestos? 3 A Until when? 4 Q April 22nd, 1976. 5 A 1976, yes. 6 Q Did any other plants make Triple Duty joint 7 compound? 8 A Yes. 9 Q What plant? 10 A I believe it was manufactured at Akron. And 11 I believe it was also manufactured at Chicago, but I 12 would have to consult the formulas again to be absolutely 13 sure of that. 14 Q Do you know if the Akron and Chicago plants 15 used SG-210? 16 A If it was manufactured at thoseplants and it 17 used SG-210 it would be on this list, and it's not on the 18 list, so presumably if it was manufactured, it did not 19 contain SG-210 asbestos. 20 Q Moving on to Speed Set. 21 A Okay. 22 Q Next one. Is that Speed Set joint compound? 23 A Yes. 24 Q And it came in a powdered form? 25 L 800-333-2082 A Yes. Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed Tbe Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 1 Q Sold in a bag? Page 47 2 A Yes. 3 Q Okay. From6/29/71 to 3/30/74, didSpeed Set 4 manufactured at the Acme, Texas plant contain Union 5 Carbide SG-210 asbestos? 6 A Yes. 7 Q Did any other plants manufacture Speed Set? 8 A At what time periodare wetalking about? 9 Q 6/29/71 to 3/30/74. 10 A No. 11 Q Previously you had testified as to something 12 called texture and acoustical. In a generic term, can 13 you tell me what textured products are? 14 A Yes. Textures are dryproducts that are 15 mixed with water, and they either have or do not have an 16 aggregate in them. And they're usually spray applied, 17 but they can be -- some of them without the aggregate can 18 be applied with a brush or with some other implement to 19 get a textured surface. 20 Q And what is a textureproduct used for? 21 A It's used for decorative effect, usually on 22 ceilings. 23 Q Does it make little raised ridges, or designs 24 on drywall? 25 A Yes. It depends on the particular texture 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 o Asbestos Litigation Filed Tbe Simmons Firm vs GA-Padfic, et al. C. William Lehnert 10/3/2001 1 that you apply. Page 48 2 Q And you also mentioned acoustical, sir. What 3 is acoustical? 4 A Acoustical. It was an acoustical plaster 5 that was manufactured. 6 Q Georgia-Pacific also manufactured plasters, 7 is that correct? 8 A Yes. 9 Q And some ofthose plasters contained 10 asbestos? 11 MS. JAGGER: Object to the form and the 12 scope. 13 THE WITNESS: Can I answer? 14 MR. BONO: (Indicating.) 15 MS. JAGGER: The question -- 16 THE WITNESS: Yes. 17 MS. JAGGER: The question is did 18 Georgia-Pacific plasters contain asbestos? 19 MR. BONO: Some. 20 THE WITNESS: He said some. 21 MR. BONO: Some did, some didn't. 22 MS. JAGGER: No, I'll object. That's outside | 23 the scope of this. 1 24 (Discussion off the record.) I 25 800-333-2082 BOB Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 1 BY MR. BONO: Page 49 2 Q At some point in time did Georgia-Pacific 3 make acoustical plasters that contained asbestos? 4 A Yes. 5 MS. JAGGER: Georgia-Pacific? 6 MR. BONO: Georgia-Pacific. 7 MS. JAGGER: Not Bestwall? 8 MR. BONO: Georgia-Pacific. 9 THE WITNESS: Yes. 10 BY MR. BONO: 11 Q Okay. Did any of those Georgia-Pacific 12 acoustical plasters contain SG-210? 13 A No. 14 Q Moving on down your Exhibit B, you have non 15 aggregate texture for walls and ceilings. From 11/7/72 16 to March 22nd, *73 did non aggregate texture contain 17 SG-210 made by Union Carbide? 18 A Yes, during those dates. , 19 Q Did any other plants manufacture non 20 aggregate texture? 21 A I'd have to go back to the formulas, but 22 obviously if we manufactured it it wouldn't contain 23 SG-210 it would be on here, but I can't be sure that we 24 didn't manufacture it elsewhere. 25 Q Okay. Moving on to the next item is 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 1 polystyrene celling texture? Page 50 2 A Yes. 3 Q Between April 20th of 1972 to April 17th of 4 1973/ did polystyrene ceiling texture contain Union 5 Carbide SG-210 asbestos? 6 A Yes. 7 Q Did any other plants manufacture polystyrene 8 ceiling texture other than Akron, Texas? 9 A No. 10 Q Okay. Georgia-Pacific manufactured a product 11 called Ready. Mix joint compound, is that correct? 12 A Yes. 13 Q Did Georgia-Pacific also manufacture a 14 product called Ready Mix topping compound? 15 A Yes. 16 Q Is there a difference between a Ready Mix 17 joint compound and Ready Mix topping compound? 18 A Yes. 19 Q Can you explain that difference? 20 A Yes. The Ready Mix topping compound contains 21 less binder or adhesive so it could not be used to do the 22 taping operation nor the first coat over the nail heads 23 and the corner beads. But it had the advantage of being 24 easier to sand as a result of having less adhesive, and 25 that was the main difference. .... - ` 800-333-2082 Reported By: Sheryl L. AJkerley. RMR Spherfon Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padfk, et 1. C. William Lehnert 10/3/2001 I1 Page 51 Q Okay. Did the Ready Mix joint compound ! 2 manufactured by Georgia-Pacific at the Acme, Texas plant 3 between September 22nd, 1971 and May 4th of 1977 contain 4 SG-210 asbestos? 5 A Did the Ready Mix joint compound? 6 Q Ready Mix joint compound. 7 A Between September 22nd, '71 to May 4th, '74? 8 Q '77. 9 A '77, I mean, contain SG-210 asbestos? Yes. 10 Q Okay. The exception that you have on your II Exhibit B regarding topping compounds from March 8, '74 12 to 9/10/75 does not affect the Ready Mix joint compound, 13 is that correct? . 14 A That's correct. 15 Q Okay. Did some Ready Mix topping compounds 16 also contain SG-210 asbestos? 17 A Again, I would have to go back and consult 18 the formula, because when we considered Ready Mix I don't 19 think we made any distinctions except where it wasn't 20 used, and so I would have to consult the actual formula 21 to be sure. 22 Q Moving on to the Akron, New York plant, first 23 product you have there is something called drywall 24 adhesive. Can you tell me what that is? 25 A Drywall adhesive was also called stud 800-333-2082 Reported By; Sheryl L. Akeriey, RMR Spherion Deposition Services (704) 333-9889 Fox (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et ai C. William Lehnert 10/3/2001 1 adhesive, and it was a pre mixed product that was Page 52 2 furnished in a tube, in a caulking tube, and applied to 3 the studs to adhere the gypsum board to the studs. 4 Q Moving on to the bedding compound, did that 5 come in a bag? 6 A Yes. 7 Q Okay. From March 30th, 1972 to February of 8 1973 did bedding compound contain Union Carbide SG-210 9 asbestos? 10 A Yes. 11 Q Did any other plants make bedding compound 12 besides Akron? . 13 A Yes. 14 Q Whatplants? 15 A Acme, Chicago. Did I say -- oh, we said 16 Akron, didn't we? Chicago, Acme and Akron would all have 17 made bedding compound. 18 Q Did the bedding compound manufactured at 19 Acme, Texas contain SG-210 asbestos? 20 A No, otherwise we would have had it on this 21 list here. 22 Q Moving on to topping compound from the Akron, 23 New York plant, from March 30th, 19?2 to February of 1973 24 did the topping compound contain SG-210 asbestos? 25 A Yes. 800-333-2082 Reported Byj Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 10/3/2001 Page 53 1 Q Did any other plants make topping compound 2 besides Akron? 3 A Yes. 4 Q Which plants? 5 A Acme manufactured topping compound as did 6 Chicago. 7 Q Okay. Moving on -- keeping Akron, New York 8 plant, between December 29th, 1969 and May 4th of 1977, 9 did all Ready Mix joint compounds manufactured by 10 Georgia-Pacific contain SG-210 asbestos? 11 A No. 12 Q Which did not? 13 A The ones that were asbestos-free. 14 Q Okay. Let's talk about the asbestos-free 15 formulas for all the plants. When Georgia-Pacific 16 started manufacturing asbestos-free joint compound, 17 didn't they advertise or put on the labels "Asbestos-free 18 joint compound"? 19 A Yes, that's myrecollection. 20 Q Okay. Other than the asbestos-free joint 21 compound manufactured at the Akron, New York plant, 22 between December 29th, 1969 and May 4th of 1977, did all 23 Ready Mix joint compounds contain Union Carbide SG-210 24 asbestos? 25 MR. WILL: Object to the form. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et ai. C. William Lehnert 10/3/2001 1 BY MR. BONO: Page 54 8 I 2 Q Let me rephrase the question, sir. At the 1 3 Akron, New York plant between October 29th, 1969 and -- 4 A I think it's December 29th. 5 Q I'm sorry. Let's start all over again. At 6 the Akron, New York plant of Georgia-Pacific, did the 7 Ready Mix joint compound manufactured by Georgia-Pacific 8 between December 29th, 1969 and May 4th, 1977 contain B 9 Union Carbide SG-210 asbestos? I 10 MR. WILL: Same objection. 11 THE WITNESS: Yes. 12 BY MR. BONO: 8 I I 13 Q Moving on to the Chicago, Illinois plant -- 14 back up a second, back to Akron. Did Akron also make a 15 topping compound, Ready Mix topping? 16 A I'm not sure. I'd have to go back in the 17 formulas to be sure. 18 Q Okay. On to Chicago. All Purpose joint 19 compound, that was a dry product, is that correct? i 20 A Yes, it is. I 21 Q Between December 5th of 1972 till February of I 22 1973 did All Purpose joint compound manufactured by 23 Georgia-Pacific contain Union Carbide SG-210 asbestos? 24 A Did you say all All Purpose? 25 Q All Purpose joint compound. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Sphcrlon Deposition. Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et aL C. William Lehnert 10/3/2001 1 A All All Purpose? Page 55 2 Q All Purpose. 3 A Oh, just this All Purpose, yes. 4 Q Okay. 5 A There was an All Purpose manufactured between 6 those dates that contained SG-210 asbestos. 7 Q I'm -- let me -- 8 A If there was another -- 9 Q Let me rephrase the question -- 10 A Okay. 11 Q -- and start all over again, make sure we're 12 on the same wavelength. At the Chicago, Illinois plant 13 of Georgia-Pacific, did the All Purpose joint compound 14 between December 5th, 1972 to February of 1973 contain 15 Union Carbide SG-210 asbestos? 16 A I believe the answer is no, but I would have 17 to go back to the formulas. . 18 Q And why are you saying no? 19 A Because there could have been another All 20 Purpose manufactured at Chicago that contained some other 21 asbestos. 22 MS. JOHNSON: He didn't hear you right. Try 23 it again. Listen to the question. 24 THE WITNESS: I think I heard it. Yeah, I 25 heard it. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Paclfic, et al. C. William Lehnert 10/3/2001 1 2 3 4 5 6 7 8 9 10 11 12 I 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. BONO: Page 56 Q Maybe I'm stuttering and adding a word. Let's try it one more time. A Okay. Q From December the 5thof 1972 until February of 1973 did All Purpose joint compound contain Union Carbide SG-210 asbestos? A And my -- I have to ask you, do you mean all of the All Purpose manufactured? Q No, sir. A Okay. There was some AllPurpose manufactured, yes, with Union Carbide asbestos. Q Purpose? Okay. You were thinking I was saying all All A Yes. I did too many alls in there, I guess. Q Okay. Moving on. At the Chicago, Illinois plant between March 30th, 1972 and February 1973 did bedding compound contain Union Carbide SG-210 asbestos? A Some of the bedding compound, yes. Q Between March 30th, 1972 and February 1973 did topping compound contain Union Carbide SG-210 asbestos? A Some of the topping compound. Q When I'm looking at the topping compound on your list, is that a Ready Mix topping compound or is 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation. Filed The Simmons Firm vs GA-Padfic, et ai. C. William Lehnert . 10/3/2001 1 that the dry formula topping compound? Page 57 2 A This is the dry formula. 3 Q At the Chicago, Illinois plant did the Ready 4 Mix joint compound manufactured from October 21st, 1970 5 until May 4th, 1977 contain Union Carbide SG-210 6 asbestos? 7 A Yes. 8 Q That was all general formulas during that 9 period of time contained Union Carbide SG-210, is that 10 correct? 11 A Yes. 12 Q Marietta, Georgia plant, was Marietta the 13 only plant that manufactured a product called Central 14 Mix? 15 A No, Ithink it was manufacturedelsewhere. 16 Q Between May 18th, 1971 to January 20th, 1975, 17 did.Central Mix manufactured at the Marietta, Georgia 18 plant contain Union Carbide SG-210 asbestos? 19 A Yes, at least some of the Central Mix 20 manufactured during those dates contained SG-210 21 asbestos. 22 Q At the Marietta, Georgia plant did the Ready 23 Mix joint compound between March 6, 1972 and May 4th, 24 1977 contain Union Carbide SG-210 asbestos? 25 A Yes. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Psdfic, et aL C. William Lehnert 10/3/2001 1 Q Other than the asbestos-free? Page S8 2 A Yes. 3 Q Okay. And then Milford, Virginia plant, did 4 the Ready Mix joint compound between June 21st, 1973 5 until at least January 20th, 1975 contain Union Carbide 6 SG-210 asbestos? 7 A Yes. 8 Q You discussed the regions that the plants 9 serviced. 10 A Yes. 11 Q Would there be inter-regional moving of 12 product? Acme product, as an example, could go to New 13 York or Chicago or Georgia, or Georgia product go to 14 Texas or the southwest? 15 A That could happen and I'm sure it did at 16 times. 17 MS. JOHNSON; When you get to a place, I'd 18 like to take a break, please. 19 MR. BONO: Okay. 20 MS. JOHNSON; Thank you. 21 MR. BONO; You're welcome. Okay. This is a 22 good time. 23 MS. JOHNSON; Thank you. 24 THE VIDEOGRAPHER; We're going off record. 25 The time is 12:40 p.m. 800-333-2082 Reported By; Sheryl L. Akerley, RMR Spherlon Reposition Services (704) 333*9889 Fsx (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lebnert 10/3/2001 1 (Recess taken.) Page 59 2 THE VIDEOGRAPHER; Back on the record. The 3 time is 12:51 p.m. 4 BY MR. BONO: ' 5 Q Mr. Lehnert, I'm going to show you what has 6 been marked as Georgia-Pacific Composite A, or Group 7 Exhibit A. Can you identify that for me, please, sir? 8 A These are the formulas of Georgia-Pacific 9 that were furnished by the plaintiffs' attorneys. 10 Q Okay. What are those documents? 11 A These are formulas from various plants 12 containing SG-210 asbestos. 13 Q Are those Georgia-Pacific formulas for 14 various Georgia-Pacific products? 15 A Various Georgia-Pacific joint compound 16 products containing SG-210. 17 Q Okay. And were all those formulas prepared 18 by you or under your direction when you were head of the 19 Georgia-Pacific Research & Development Department? 20 A Yes. 21 Q Okay. Are those all trueand accurate copies 22 of the formulas of Georgia-Pacific? 23 A Yes. 24 Q You reviewed each and every one of them, 25 haven't you? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 1 A Yes. Page 60 . 2 Q And they're all true and accurate? 3 A What do you mean by true and accurate? 4 Q Those are the copies, good copies of the 5 formulas that existed in the timeframe that's listed on 6 the individual pages? 7 A Yes. 8 Q Those are the formulas used by 9 Georgia-Pacific during that timeframe? 10 A Yes. 11 Q And are those records that would have been 12 kept by you in the normal course of business at 13 Georgia-Pacific? 14 A Yes. 15 Q And did those come from the records of 16 Georgia-Pacific Corporation? 17 A I understand that they have, yes. 18 MR. BONO: Okay. That's all I have. Thank 19 you very much. 20 EXAMINATION 21 BY MR. KOHLBURN*. 22 Q Mr. Lehnert, I'm want to go back to when you 23 first started working for Certain-Teed in 1951. Okay? 24 At that time Bestwall was a brand name for products, but 25 it wasn't a separate company, is that correct? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Paclfic, et al. C. William Lehnert 10/3/2001 Page 61 1 A No, I don't think that's correct. 2 Q In 1951? 3 A Yes. 4 Q Was it a separate company then? 5 --OdS. GEISE: ^Objection, foundation. 6 THE WITNESS: Would you ask the question 7 again? 8 BY MR. KOHLBURN: 9 Q In 1951 - 10 A Yes. 11 Q --. when youstarted withCertain-Teed, was 12 there a separate company then known as Bestwall? 13 `-'MS. GEISE: Objection, foundation. 14 THE WITNESS: No. 15 BY MR. KOHLBURN: 16 Q Okay. Whendid that separate companycome 17 into being? 18 A In May of 1956. 19 Q Between 1951 and1956, between the time you 20 started and the time there was a separate company called 21 Bestwall, who was the president or chief executive 22 officer of Certain-Teed? 23 A Rawson Lizars. 24 Q Okay..Now, at the time thatCertain-Teed 25 created Bestwall in 1956, did it also create another 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons firm vs GA-Faclflc, et al. C. William Lehnert 10/3/2001 Page 62 I 1 corporation? 2 "SMS. GEISE: Objection to the form of the 3 question. 4 THE WITNESS: Yes. 5 BY MR. KOHLBURN: 6 Q Okay. What was that corporation called? 7 A Bestwall Certain-Teed Sales Corporation. 8 Q And what was the function of Bestwall 9 Certain-Teed Sales Corporation? 10 '--`MS. GEISE: Objection, foundation. II THE WITNESS: It was to market the products 12 of both companies. 13 BY MR. KOHLBURN: 14 Q Okay. And how is it that you know that? 15 A l^rom being there when it all happened. 16 Q 04cay. And as of 1956, which company did you 17 go to work for? 18 A Bestwall Gypsum Company. 19 Q Okay. Between 1956 when Bestwalland Sales 20 Corporation were created, and 1965, who was the president 21 or chief executive officer of Bestwall? 22 A Rawson Lizars. 23 Q And in that same time period, Juneof 1956 to 24 1965, who was the president or chief executive officer of 25 Certain-Teed? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherton Deposition Services 0704)333-9889 Ftt (704) 372-4593 Asbestos Lltigstlon Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 I 1 A Rawson Lizars. Page 63 1 I 2 Q And between 1956 and 1965, who was the 3 president or chief executive officer of the Sales 1 1 4 Corporation? 8 5 A Rawson Lizars. I 6 Q Between June 1956 and 1965 did all three 7 companies, Certain-Teed, Bestwall and Bestwall I 8 Certain-Teed Sales Corporation, have their headquarters 9 at the same building in Ardmore, Pennsylvania? 10 A Yes. 11 Q Between June 1956 and 1965 did Certain-Teed 12 and Bestwall both have laboratory facilities in the same 8 13 building in Paoli, Pennsylvania? 14 A Between 1956 and 1965? 15 Q 1965. | 8 j 16 A Yes. 17 Q And at what location did you work between 18 1956 and 1965? 19 A I worked at the Paoli laboratory of Bestwall 20 Gypsum Company. 21 Q Between 1956 and 1964, didsBestwall sell all 22 of its products through the Certain-Teed Bestwall Sales 23 Corporation? 24 r-MS. GEISE: Objection, foundation. 25 THE WITNESS: As far as I know, they did. I I 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Paciflc, et at C. William Lehnert 10/3/2001 1 BY MR. KOHLBURN: Page 64 2 Q Okay. Between 1956 and 1964 did Certain-Teed ^3 also sell all of its products through Bestwall 4 Certain-Teed Sales Corporation? 5 MS. GEISE; Objection, foundation. Also 6 objection vague as to products. 7 THE WITNESS: To my knowledge they did. 8 BY MR. KOHLBURN: 9 Q Okay. As far as you know, having been there | 10 - during that time period from June 1956 through 1964, did 11 Certain-Teed Bestwall Sales Corporation provide all of 12 the marketing and advertising for both Certain-Teed and 13 for Bestwall? 14 MS. GEISE: "'Objection, foundation. 15 THE WITNESS: And those dates again were? 16 BY MR. KOHLBURN: . 17 Q June of 1956 to 1964. 18 A Yes. 19 Q Okay. And I believe that you previously 20 testified that your supervisor between 1956 and 1965 at 21 Paoli was Mr. Shuttleworth. Is that correct? 22 A Yes. 23 Q To whom did Mr.Shuttleworth report during 24 that time period? 25 A Between 1956 -- 600*333-2082 Reported By: Sheryl L. Akerley, RMR Spherfon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclffc, et #1. C. William Lehnert 10/3/2001 1 Q -- and 1965. Pago 65 2 A -- and 1965. Initially he reported to 3 Mr. Hoggatt. 4 Q Was there a time period where he ceased 5 reporting to Mr. Hoggatt? 6 A Yes. And I don't remember that date. 7 Q Okay. Do you know who Mr. Hoggatt reported 8 to? 9 A Yes. 10 Q Okay. Who was that? 11 A Mr. Grieve. . I 12 Q Okay. And was Mr.Grieve a Bestwall employee 13 or a Certain-Teed employee? , 14 MS. GEISE: Objection, foundation. 15 THE WITNESS: He was a Bestwall employee. 16 BY MR. KOHLBURN: 17 . Q Okay. Now, during that time period were 18 there some individuals who were employees of both 19 Bestwall and of Certain-Teed? 20 MS. GEISE: Objection, foundation. 21 Q To your knowledge. 22 A Do you mean the -- I don't understand the 23 question. 24 Q Were there people who worked for both 25 companies, for Bestwall and for Certain-Teed from 1956 to 800-333-2081 Reported By; Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Faciflc, et al. C. William teimert 10/3/2001 l. 1 1965? Page 66 2 MS. GEISE; Same objection, foundation. 3 THE WITNESS: Yes. 4 BY MR. KOHLBURN: 5 Q Okay. And can you recall who those people 6 were? 7 A They were the Bestwall Certain-Teed Sales 8 Corporation employees. 9 Q Okay. Excluding the Sales Corporation 10 employees, were there some people that you know of who 11 worked for both Bestwall and for Certain-Teed from 1956 12 to 1965? 13 MS. GEISE: Objection, foundation. 14 THE WITNESS: Unless there were management 15 people , I don't know of anyone. 16 BY MR. KOHLBURN: 17 . Q Okay. Are there management people that you 18 know of? 19 A No, other than Mr. Lizars. 20 Q Mr. Lizars. From 1956 to 1965 did everyone 21 that worked for Bestwall and for Certain-Teed eventually 22 report to Rawson Lizars? 23 MS. GEISE: Objection, foundation. 24 THE WITNESS: Directly? 25 0 800-333*2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et *1. C. William Lehnert 10/3/2001 1 BY MR. KOHLBURN: IPage 67 I 2 Q Not directly, ultimately, either indirectly 1 3 or directly. | 4 MS. GEISE: Objection, vague. 1 5 A Between -- the dates again were? I 6 Q \ 1956 to 1965. 7 A Yes. 8 Q To your knowledge,between 1956 and 1965 did 9 the same upper management run both Certain-Teed and 1 10 Bestwall? 1 11 MS. GEISE: Objection, foundation. 12 Objection, vague. 13 THE WITNESS: I don't know what you mean by 14 . running Bestwall. 15 BY MR. KOHLBURN: 16 Q The people at the top for Bestwall and the 17 people at the top for Certain-Teed, the top management 18 for both corporations between 1956 and 1965, were they I 19 essentially the same group of people? 1 20 MS. GEISE: Objection, foundation. | 21 Objection, vague. 22 THE WITNESS: ' I can't answer for 23 Certain-Teed, but Bestwall had some changes in 24 management during that period of time. 25 800-333-2082 Reported By: Sheryl L. Akerky, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vi GA-Padfic, et aL C. William Lehnert 10/3/2001 Ii )i 1 BY MR. KOHLBURN: Page 68 2 Q Okay. Who negotiated the merger between 3 Bestwall and Georgia-Pacific in 1965? 4 MS. GEISE: Objection, foundation. 5 A I don't know. 6 Q Before 1965 were there other companies other 7 than Georgia-Pacific that were looking at buying or 8 acquiring Bestwall from Certain-Teed? 9 MS. GEISE: Objection, foundation. 10 THE WITNESS: Yes. 11 BY MR. KOHLBURN: 12 Q Okay. And how is it that you know that there 13 were other companies that were interested in looking at 14 or acquiring Bestwall from Certain-Teed? 15 A Companies came through the laboratory, and I 16 understand to the plants as well, from some other 17 companies who apparently were interested in purchasing 18 the Bestwall Gypsum Company. 19 Q Okay. And can you recall which companies 20 those were, at least some of them? 21 A I can recall two, Johns Manville Corporation 22 and Weyerhauser. 23 Q Okay. Is it your impression that from the 24 time Certain-Teed created Bestwall in 1956 until it was 25 acquired by Georgia-Pacific in 1965 that Certain-Teed was 800433-2082 a Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 X actively seeking a purchaser for Bestwall? Page 69 2 MS. GEISE: Objection, foundation, vague. THE WITNESS: That was the general feeling at I 3 4 that time. 5 BY MR. KOHLBURN: 6 Q And what is the basis of that impression? 7 A One would be the visitors from other 8 companies that came to our facilities. I 9 Q Okay. For the period of 1951, now this is | 10 when you started with Certain-Teed, through 1956, did 1 11 Certain-Teed manufacture and sell asbestos-containing I 12 products as part of its gypsum business? 1 13 A During the. period from 1951 to 1956? 14 Q Yes. 15 A Did we sell asbestos-containing products? 16 Q In the gypsum business. 17 A In the gypsum business? Yes. 18 Q Okay. And did that include joint compounds? 19 Still 1951 to 1956. 20 A Yes. . 21 Q Can you remember any brand names or trade 22 names of the asbestos-containing joint compounds that 23 Certain-Teed made and sold between 1951 and 1956? 24 A I can remember one. 25 Q Okay. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Service! (704) 333-9889 F*x (704)372-4593 Asbestos Litigation Filed Hie Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 10/3/2001 1 A Certex. Page 70 | 1 2 Q Certex. Okay. Did Certain-Teed in the period 3 of 1951 to 1956 make and sell any reinforcing joint 4 finishers that contained asbestos? 5 A Yes. 6 Q Can you recall the brand names or trade names 7 of any of those products? 8 A They eventually became called a Bestwall 9 products, but I'm not sure the exact date when that 10 happened. 11 Q Just for 1951 and 1956, can you remember the I 12 names they went by in that timeframe? 13 A Well, that's the only name that I can | 1 14 remember was Bestwall. 15 Q Okay. From 1951 to 1956 did Certain-Teed 16 make and sell any asbestos-containing patching plasters? 17 A Did we sell any asbestos-containing patching 18 plasters? 19 Q Yes. I I 20 A I would have to go back to the formulas and I 21 determine whether patching plasters contained asbestos. I 22 Q So as you sit here today you don't know about I 23 that one, is that correct? g 24 A No, I'm not sure about that. 1 25 Q Between 1951 and 1956 did Certain-Teed make I 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fx (704) 372-4593 Asbestos Litigation Filed The Simmons Finn vs GA-Paclflc, et al. C. William Lehnert 10/3/2061 i" 1 and sell any asbestos-containing textures? Page 71 2 A Yes. 3 Q Okay. Can you recall any brand names or trade 4 names of those asbestos-containing textures for the 5 period of 1951 to 1956? 6 A Certex. 7 Q For the period of 1951 to 1956 did 8 Certain-Teed make and sell any asbestos-containing 9 acoustical plasters? 10 A Did Certain-Teed? 11 Q Certain-Teed, 1951 to 1956. 12 A Yes. 13 Q Okay. And can you recall the brand names or 14 trade names of any of those products, asbestos-containing J 15 acoustical plasters, for the period of 1951 to 1956? 16 A Lite Acoustic. 17 Q Okay. Are you familiar with aproductcalled 18 Kalite? 19 A Yes. 20 Q Okay. Is that an asbestos-containing 21 acoustical plaster? 22 A I would have to go back and consult the 23 formula to be absolutely sure whether it was or not. 24 Q Okay. For the period of 1951 to 1956 did 25 Certain-Teed make and sell any asbestos-containing 800-333-2082 Reported By: Sheryl L. Akerley, RMR Sphcrion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Finn vs GA-Faciflc, et al. C. William Lehnert 10/3/2001 1 bedding compounds? Page 72 2 A Yes. 3 Q Okay. Can you recall the brand names or trade 4 names of any of the asbestos-containing bedding compounds 5 that Certain-Teed made and sold during 1951 to 1956? 6 A Not other than the Bestwall name that I 7 already have given you. . 8 Q Okay. Between 1951 and 1956 did Certain-Teed 9 make and sell any asbestos-containing topping compounds? 10 A Not unless it was the Bestwall name that I've 11 already given you. . 12 Q Okay. For the period of 1951 to 1956, and 13 confining ourself to the gypsum line of products that you 14 worked with and are familiar with, can you recall any 15 other types of asbestos-containing products that were 16 made and sold by Certain-Teed? 17 A What do you mean by other types? 18 Q Other than the ones we've talked about here. 19 A Oh, no. 20 Q Okay.Now, I want to switch and I want to go 21 to the period of 1956 to 1965, talk about Bestwall. 22 Okay. Between 1956 and 1965 did Bestwall make and sell 23 any asbestos^containing joint compounds? 24 A Yes. (t 25 Q Okay.And as you sit heretoday, can you 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333*9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Fadflc, et aL C William Lehnert i0/3/2001 page 73 | 1 recall the brand names or trade names of any of the 2 asbestos-containing joint compounds that were made and 3 sold by Bestwall from 1956 to 1965? ` 4 ____A_ Only the name Bestwall. 1 5 Q Did Bestwall make and sell any I 6 asbestos-containing reinforcing joint finishers between I 7 1956 and 1965? | 8 A Yes. I 9 Q Okay. And can you recall anyof the brand 1 10 names or trade names of the asbestos-containing joint | 11 finishers that were made and sold by Bestwall between 12 1956 and 1965? 13 A Only the Bestwall name. Q14 Okay. Did Bestwall make and sell any I 15 asbestos-containing patching plasters between 1956 and 16 1965? i | 17 A Again, I would have to consult the formulas | 18 to determine whether they did or didn't. | 19 Q The patching plasters you're not sure about? | 20 A I'm not sure about it. B Q I21 Okay. Did Bestwall make and sell any 22 asbestos-containing textures between 1956 and 1965? 23 A Yes. 1 | 24 Q. Okay. And other than just the Bestwall name, B 25 can you recall any brand name or trade name associated I 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spberlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et aL C. William Lehnert 10/3/2001 !* Page 74 1 with the textures that contained asbestos that were sold 2 by Bestwall between 1956 and 1965? 3 A Well, there was a Bestex name used. 4 Q Between 1956 and 1965 did Bestwall 5 manufacture and sell any asbestos-containing acoustical 6 plasters? 7 A Did Bestwall? 8 Q Bestwall. 9 A Yes. 10 Q Okay. And other than just theBestwall name, 11 can you recall any brand name or trade name? 12 A Just the Lite Accoustic. 13 Q Lite Accoustic. Okay. Between 1956 and 1965 14 did Bestwall make and sell any asbestos-containing 15 bedding compounds? . 16 A Yes. 17 Q Okay. And other than theBestwall name, can 18 you recall any brand name or trade name associated with 19 asbestos-containing bedding compounds that were 20 manufactured and sold by Bestwall between 1956 and 1965? 21 A No. 22 Q Okay. Did Bestwall, during the period 1956 to 23 1965, manufacture and sell any asbestos-containing 24 topping compounds? 25 A Yes. 800-333-2082 Reported By: Sheryl L. Akcriey, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos litigation Filed the Simmons Finn vs GA-Pacific, et at. C. William Lehnert 10/3/2001 Page 75 1 Q Okay. And other than the Bestwall name, can 2 you recall any brand name or trade name that was 3 associated with asbestos-containing topping compounds 4 made and sold by Bestwall between 1956 and 1965? 5 A No. 6 Q Okay. Other than the products for Bestwall 7 that we've just talked about for the period of 1956 to 8 1965, can you recall any other types or brand names or 9 trade names of asbestos-containing products that were 10 manufactured and sold by Bestwall? 11 A Yes. 12 Q Okay. What would those be, please? 13 A Triple Duty. 14 Q And what kind of a product is Triple Duty? 15 A It's a dry product that can be used for 16 taping and finishing of joints in drywall construction. 17 It can be used for texturing as well. 18 Q Okay. Any others? . 19. A . Did we mention One Day joint compound? 20 Q No, we did not mention One Day joint 21 compound. 22 A Okay. 23 Q And what would One Day joint compound -- 24 A Which are the dates -- oh, yes, okay. 25 Q 1956 to 1965, Bestwall. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lchnert . 10/3/2001 Page 76 | 1 A Yes, I believe we would have had One Day 2 joint compound, so that would be another name. 3 Q Okay. Now, you previously testified that you 4 worked on the development of the Ready Mix joint I 5 compound. Is that correct? 6 A Yes. I I 7 Q And I believe you indicated that that was put 8 on the market in about 1965. Is that correct? 9 A Yes. 10 Q Okay. Was that before or after 11 Georgia-Pacific acquired Bestwall? 12 A I think we had started at least to do some 13 limited marketing prior to 1965. 14 Q Other than' the Ready Mix joint compound that 15 was begun to be marketed in 1965, were all of the other 16 joint compounds that contained asbestos that were made 17 and sold by Bestwall and by Certain-Teed of a dry 18 variety? 19 A I'm sorry, I didn't quite understand your 20 question. 21 Q Let me -- you previously testified that Ready 1 22 Mix is different from other joint compounds because it E 23 comes with water already added, correct? 24 A Yes. >i 25 Q And other joint compounds come dry and have 800433-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et #L C. William Lehnert 10/3/2001 1 to be mixed, correct? Page 77 2 A Yes. 3 Q Prior to 1965 when Ready Mix went on the 4 market, were all the other joint compounds that were made 5 and sold by either Certain-Teed from 1951 to 1956 and by 6 Bestwall from 1956 to 1965 of the dry variety that had to 7 be mixed with water? 8 A I don't understand the question. It was kind 9 of a complex question. 10 Q Okay. I'll break it up. 11 A If you can break it down for me, it would 12 help. 13 Q From 1951 to 1956, Certain-Teed made and sold 14 asbestos-containing joint compounds, correct? 15 A Yes. 16 Q Okay. Were any of those joint compounds of a 17 premixed type? 18 A Prior to -- 19 Q Between 1951 and 1956. 20 A No. 21 Q Okay. Did they all come in a bag from 1951 to 22 1956? 23 A No. 24 Q Okay. What kind ofpackaging did they come 25 in? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos litigation filed The Simmons Firm Vs GA-Pactflc, et id. C. William Lehnert 10/3/2001 1 A Some came in a box. Page 78 1 | 2 Q Okay. Was it always a dry product during that I 3 time period? 4 A Yes. 5 Q Okay. For the period of1956 to 1965, the 6 joint compounds that were made and sold by Bestwall that I 7 contained asbestos, were any of those a pre mix variety? 8 8 A Prior to 1965? I 9 Q Prior to 1965. E 10 A We may have had some early shipments of Ready I 11 Mix prior to 1965. I can't be sure of the precise date 8 12 when we began to market it. 13 Q Other than Ready Mix -- 14 A Oh, other than Ready Mix? 15 Q Other than Ready Mix, werethe joint 16 compounds from 1956 to 1965 that were made and sold by I 17 Bestw.all a dry variety or a pre mix variety? i 18 A You mean were the products -- say it one more 1 19 time. I can't quite understand. 20 Q 1956 ~ 8 I 21 A I understand the dates, yes. I 22 0 -- to 1965 -- 23 A Yes, I understand the dates. 24 Q -- joint compounds that were made by 25 Bestwall, other than Ready Mix, were those premixed 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 1 products or were those dry products? * Page 79 2 A They were dry products. 3 Q Okay. And did they also come in bags or 4 boxes? 5 A Yes. 6 MR. KOHLBURN: Okay. That's all I've got. 7 MR. BONO: Thank you. 8 MS. JOHNSON: Let's go off the video while 9 they switch seats, please. 10 THE VIDEOGRAPHER: We're going off record. 11 The time is 1:18 p.m. 12 (Recess taken.) 13 THE VIDEOGRAPHER: We're back on the record. 14 The time is 1:31 p.m., beginning of Tape No. 2. 15 EXAMINATION 16 BY MR. WILL: 17 Q Good afternoon, Mr. Lehnert. My name is 18 Trevor Will. I'm here for Onion Carbide Corporation. I 19 have a couple of questions for you about some of the 20 things you've been asked about here previously today. 21 Would you take Exhibit B, which is your 22 summary? And I notice on the right-hand side of that 23 exhibit there's a column, isn't there, where you've got 24 "Comment" or "Comments"? 25 A Comments, yes. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 80 1 Q And if we turn to the second page of Exhibit 2 B, this is for the Akron, New York plant and the Chicago, 3 Illinois plant, you have -- what does that say there? Is 4 that "Dow Resin"? 5 A Yes. 6 Q And there's an asterisk there, is that 7 correct? 8 A Yes. 9 Q Now, what is the significance of Dow Resin? 10 A It was a formula that was marketed only 11 briefly and failed, and so that was the reason it was 12 only available for some number of months. 13 . Q Okay. When you -- and was Dow Resin an 14 ingredient in these products? ' 15 A Yes. 16 Q When you say the product failed, what do you 17 mean? 18 A Well, it cracked after it dried and in some 19 cases fell away from the corner beads, and so we pulled 20 it off the market. 21 Q Okay. If we go back to the first page of 22 Exhibit B in the "Comment" column under Acme, Texas for 23 the All Purpose products you have -- what have you 24 written there? 25 A "Memphis only". 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 ;r \. 'I ..j Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 81 1 Q What's the significance of that comment? 2 A That formula was manufactured for the Memphis 3 market. 4 Q Only? 5 A Only. 6 Q So does that mean that the Union Carbide 7 SG-210 was included only in the All Purpose that was sold 8 in the Memphis market during those time periods? 9 A Yes. 10 Q And was there other All Purpose product then 11 made at the Acme plant that did not contain Union Carbide 12 SG-210 asbestos? 13 A Yes. 14 Q If we go down to Triple Duty under Acme, 15 Texas, and what have you written in the "Comment" there? 16 A "Denver only". And then below that I wrote 17 "Gardineer". 18 Q What is the significance of "Denver only, 19 Gardineer"? 20 A The product was manufactured and shipped 21 strictly to Denver for Gardineer Drywall. It's a large 22 drywall company. 23 Q Now, does that mean there was other Triple 24 Duty made at the Acme, Texas plant during the October 25 5th, 1974 to April 22nd, 1976 time period that did not 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Fadflc, et al. C. William Lehnert 10/3/2001 1 have Union Carbide SG-210 in it? Page 82 2 A Yes, that's correct. 3 Q And I believe when Mr. Bono was asking you 4 some questions earlier I thought I heard you say that all 5 of the Triple Duty made at the Acme, Texas plant between 6 October of '74 and April of '76 would have had Union 7 Carbide asbestos in it. If you said that, was that a 8 misstatement? 9 MR. BONO: Objection to the form. 10 THE WITNESS: I hope I didn't say that, 11 because that would have been a mistake. 12 BY MR. WILL: 13 Q Okay. 14 A Because obviously it was only for -- only the 15 shipments that went to Denver that were for this one 16 drywall contractor was SG-210. 17 Q Okay. SoI'm clear, then, the only Triple 18 Duty out of the Acme, Texas plant that had Union Carbide 19 SG-210 was the Triple Duty that was sent to the Gardineer 20 contractor in the Denver area? 21 A Yes, that is correct. 22 Q The next item you have under Acme, Texas is 23 Speed Set. Is that correct? 24 A Yes. 25 Q Now, was Speed Set made before June 29th of 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 1 1971? Page 83 2 A The reason I'm hesitating is the product 3 originally was called One Day, and One Day may have been 4 made before 1971, and the name was later changed to Speed 5 Set. 6 Q Did the -- do you know why the name was 7 changed? 8 A No, I don't. 9 Q Okay. Was the formula, though, for the One 10 Day and the Speed Set, it was pretty much the same 11 product? 12 A Yes. 13 Q All right. And so before June 29th of 1971, 14 whether this product was called'Speed Set or One Day, it 15 was made with asbestos other than Union Carbide's? 16 A Well, I'm not sure it even contained asbestos 17 and I would have to consult the formulas to be sure. 18 Q Was Speed -- if I refer to it as Speed Set, 19 will you understand that includes One Day as well as 20 Speed Set? 21 A Yes. 22 Q Okay. Was Speed Set made at plants other 23 than Acme, Texas? 24 A Yes. 25 Q Now, the fact that you do not have Speed Set 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 . Page 84 I 1 listed under any of the other plants would indicate that E 2 you did not find any formulas that called for Union 1 i 3 Carbide SG-210 in that product at those other plants. Is | 4 that right? | 5 A That's correct. 6 Q Okay. And if you wanted to know the years 7 when Speed Set or One Day was made you would go and look 8 at the Georgia-Pacific formulas. Is that right? 9 A Yes. 1 10 Q And obviously youhaven'tmemorized all of 11 that sitting here today, correct? 12 A Not quite. 13 Q Okay. Ready Mix, the Ready Mix line of 14 products was made starting you said in 1965, or maybe a j 15 little earlier? 16 A Yes. I 17 Q . And it had asbestos in it up until May of I 18 '77. Is that correct? 19 A Yes. 20 Q So prior to the time that the Union Carbide 8 21 SG-210 asbestos was used in it, what type of asbestos was 22 used in it? 23 A Phillip Carey 7RF-9 was the primaryasbestos 24 that was used. 25 Q And as I look at your Exhibit B I see that | 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax <704)372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclfic, et aL C. William Lehnert 10/3/2001 Page 85 1 there are different dates for different plants when the 2 SG-210 was introduced into the Ready Mix. Would that be 3 correct? 4 A Yes, that's correct. 5 Q For example, Chicago began using SG-210 it 6 looks like in October of 1970? 7 A Yes. 8 Q Whereas Acme, Texas didn't begin using it in 9 Ready Mix until September of '71? 10 A That's right. 11 Q And so in Acme, Texas, then, until September 12 of '71 they would have been using the Phillip Carey of 13 the Johns Manville, or some combination of those? 14 A Yes. 15 Q Mr. Bono asked you a series ofquestions 16 about the dates that the different products were made in 17 the different plants. Do you remember that? 18 A Yes. 19 Q He pretty much wentthrough your exhibit 20 plant by plant and asked you about the products and the 21 dates, didn't he? 22 A Yes. ' 23 Q And the only question I had wassometimes he 24 made it a point of saying this product was made at this 25 particular plant for these particular dates with Onion 800*333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed the Simmons Firm vs GA-Padtic, et al. C. William Lehnert 10/3/2001 1 Carbide asbestos, and sometimes he'd just say this Page 86 2 product for these dates. 3 Do you remember that difference, or am I 4 confusing you here? 5 MR. BONO: Objection, relevance. 6 BY MR. WILL: 7 Q Let me -- 8 A I don't rememberthat. 9 Q Okay. Let me see if I can ask you a better 10 question. If we look at Exhibit B, what you have tried 11 to do there is set out the dates that particular plants 12 made particular products with formulas that contained 13 Union Carbide SG-210, is that correct? 14 A Yes. 15 Q And certain plants may have made a product 16 that had Union Carbide SG-210 in it while another.plant 17 could have made that same product without Union Carbide 18 SG-210, is that possible? 19 MR. BONO: Objection, speculation. 20 THE WITNESS: I think we tried to -- outside 21 the limits of these were the limits we gave for the 22 use of the SG-210 and we gave the exceptions to 23 that. 24 BY MR. WILL: 25 Q Right. What I'm -- let me see if I can focus 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 87 I 1 the question a little better. 1 2 A So we said all formulas contained SG-210 1 3 except -- 4 Q Right. And if they were making Ready Mix in 5 Acme, Texas in June of 1970, they were making it without 6 Union Carbide SG-210, is that correct? 7 A Yes. 8 Q Likewise, if they were making Speed Set or 1 9 One Day in Akron, New York, they were making it without | 10 Union Carbide asbestos? If we look at Akron, New York -- 1 11 A Yes, but the answer's no. j 12 Q The answer's -- do you knowwhetherthey made I 13 Speed Set in Akron? 14 A It was not manufactured in Akron. 15 Q In Akron. Okay. Was it ever manufactured in 16 Chicago? 17 A. No, it was not. 18 Q Okay. Was it manufactured anywhere other than 19 Acme? 20 A Other than -- 21 Q Speed Set -- 22 A Other than Acme? 23 Q -- the product. Let me see if I can go back. 24 The product Speed Set or One Day -- 25 A Yes. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclfic, et al. C. William Lchnert 10/3/2001 Page 88 1 Q -- was that manufactured in plants other than 2 Acme, Texas? 3 A Yes. 4 Q Okay. But the only place where the records 5 show that it contained Union Carbide SG-210 is the Acme, 6 Texas plant? 7 A Yes, that's correct. 8 Q Okay. And for example, was Triple Duty, was 9 that product made at places other than Acme, Texas? 10 A Yes. 11 Q And was it made in Akron? Not with the Union 12 Carbide asbestos, I'm just asking in general, was Triple 13 Duty made there? . 14 A I'd have to go back through the formulas to 15 be sure. 16 Q At which plants it was made. 17 A Yes. 18 Q But you do know it was made at other plants? 19 A Yes, I do. 20 Q And since looking through your exhibit. 21 Triple Duty is not listed as containing SG-210 at any 22 plant other than Acme, Texas, is that correct? 23 A Yes. 24 Q Okay. So to the extent Triple Duty was made 25 at these other plants, it was made without SG-210? 800-333-2082 wa Reported Bys Sheryl L. Akerley, RMR Spherlon Deposition Services (704)333-9889 Fax (704)372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pactflc, et al. C. William Lehnert 10/3/2001 1 A That's correct. Page 89 2 Q And that would be true for all of these 3 products? 4 MR. BONO: Object. Objection to the form of 5 the question. 6 THE WITNESS: What do you mean by all these 7 products? 8 BY MR. WILL 9 Q All right. Let me see if I can rephrase. 10 The -- you have listed the product under the plant where 11 it was made where the formula called for Union Carbide 12 SG-210, is that right? 13 A Yes. 14 Q But if the product was made at a different 15 plant without SG-210 you have not listed that on Exhibit 16 B, correct? 17 A That is correct. 18 Q All right. The other thing, that you put 19 some percentages of SG-210 on your Exhibit B, is that 20 right? 21 A Yes. 22 Q And is that percentage by weight or by 23 volume? 24 A That's a percent by weight. 25 Q Okay. But you mentioned before that some of 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm Vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 90 I 1 these products had more than one type of asbestos in 2 them, correct? 3 A Yes. 4 Q And you have not -- Exhibit B does not list 5 the other types of asbestos, does it? 6 A No, it does not. 7 Q And it doesn't list the percentage of the 8 other asbestos, does it? 9 A Yes, it does not. 10 Q Yes, it does not. Okay. II V 12 A Is that right? Q All right. Well, for example. Speed Set had 13 Phillip Carey asbestos in it, didn't it? 14 A I'm not sure. I'd have to go back to the 15 formula to see whether indeed it had any asbestos at all. 16 Q All right. Well, let me show you, and this 17 is just by reference, it's just a page I grabbed. It's 18 A-119 out of the Exhibit A. 19 MS. JOHNSON: Speed Set? 20 MR. WILL: Yes. 21 MS. JAGGER: A-19? 22 MR. WILL; A-119. 23 BY MR. WILL: 24 Q And it has the number on it SGP for 25 identification 0018388. Is that right? 800-333-2082 Reported By: Sberji L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et *1. C. William Lchnert 10/3/2001 ! 1 A SGP 0018388, yes. Page 91 2 Q Right. And it's been hand numbered Exhibit 3 A-119? 4 A Yes. 5 Q All right. Now, that is a formula for Speed 6 Set joint compound from the Acme, Texas plant, is that 7 right? 8 A That's right. 9 Q Dated June 29 of 197.1? 10 A That's right. 11 Q And this shows SG-210 was in the product 12 formula, correct? 13 A Yes. 14 Q At half a percent of weight, right? 15 A That's correct. 16 Q It also shows that Phillip Carey 7RF09 was in 17 the formula? 18 MR. BONO: Objection, relevance. 19 BY MR. WILL: 20 Q Is that correct? 21 A Yes, that's correct. 22 Q At 2.25 percent? 23 A Yes. 24 Q And when you put together your Exhibit B you 25 did not then list the percentages of other companies' 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333*9889 Fax (704) 372-4593 y--\ o () Asbestos Litigation Filed The Simmons Finn vs GA-Fadfic, et aL C. William Lebnert 10/3/2001 Page 92 1 asbestos that were in the products, is that correct? 2 A That's correct. 3 MR. BONO: Objection, relevance. 4 BY MR. WILL: 5 Q Okay. You mentioned that in putting together 6 your Exhibit B you looked at, I think you said, hundreds 7 of pages of formulas. Is that correct? 8 A Yes. 9 Q Do you actually have a copy of all of the 10 formulas for Georgia-Pacific joint compound products? 11 A I believe I do. 12 Q And can you give us an idea of how big a 13 volume of paper that is? 14 A Well, it's two of these big boxes. I don't 15 see one of the boxes here, but it's two of those boxes, 16 so I'm guessing it's somewhere in the neighborhood of 300 17 or more formulas. 18 Q When you say "boxes", are you. talking about 19 what's called a banker's box of documents? 20 A Well, it's kind of a document box, yes. 21 Q Okay. About, what, two feet by two feet, 22 something like that? 23 A It's longer than it is wide, so -- 24 Q Okay. Three feet by two feet? 25 A I don't know what the exact dimension is. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 93 1 Q Okay. But anyway, they're both filled with 2 these formulas? 3 A Yes. 4 Q And what we've produced today in Exhibit A 5 is -- can you tell me how many pages that is of formulas 6 there? 7 A I haven't counted them, no. 8 Q They're numbered. All you have to do is look 9 at the last page. 10 A Oh, 123. 11 Q Pages of formulas. Were the -- when a 12 formula was changed slightly there would be a revision 13 issued, is that correct? 14 A Yes. 15 Q Okay. So that in Exhibit A, what, there are 16 * formulas that may have only been in effect for a very 17 short period of time and then been replaced by another 18 one? 19 A Yes. 20 Q And what you have done in Exhibit B is to try 21 to distill or summarize the time period covered in total 22 by all of those formulas, is that right? 23 Maybe I can rephrase the question. When you 24 put Exhibit B together did you go through the documents 25 that have been marked as Exhibit A, or were you working 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fm (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-P#clflc, et al. C. William Lehnert 10/3/2001 1 off of your own documents at home? Pago 94 2 A I was working off of the large volume of 3 formulas that I have. 4 5 A? Q So you used your boxes at home, not Exhibit 6 A Yes. 7 Q You mentioned a lab note with respect to the 8 Milford, Virginia document -- plant, rather, and also a 9 lab document with respect to the Marietta, Georgia plant. 10 Do you know whether those documents are in Exhibit A, or 11 are they something different? 12 A They're something different. 13 Q Okay. In Exhibit A there are -- I think the 14 first page is a good example. There are some documents 15 that have handwriting on them. Do you see that? 16 A Yes. 17 Q And do you know whose handwriting that is? 18 A No, I can'tbe sure. 19 Q Okay. Could I see the exhibit for just a 20 second? Thank you. 21 Could you -- the first page, A-l, which has a 22 number on it, SGP 0017274, do you know what the 23 significance of the handwriting is at the bottom of that 24 page? 25 A I don't. I looked at these and I was not 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et aL C. William Lehnert 10/312001 1 sure what the author had in mind when he put this Page 95 2 information down. 3 Q Okay. So in terms of your relying on those 4 documents, you would stick with the printed or the typed 5 material as opposed to the handwritten material? 6 A Insofar as the asbestosamounts? 7 Q Yeah. Yes. 8 A Yes. 9 Q Okay. If you'd look at Exhibit B again in -- 10 on the second page, the Akron, New York plant where it 11 talks about Ready Mix, I wanted to make sure I understood 12 your note after the Ready Mix. And did I understand you 13 to say correctly that in December -- on December 29th of 14 1969 the first formula was changed to include some 15 SG-210? 16 A Yes. 17 Q But that up until September 7 -- September of . 18 1970, most of the Ready Mix products from Akron, New York 19 used exclusively the Phillip Carey 7RF09? 20 A Yes. 21 Q And then starting in September of 1970, all 22 available formulas used some Union Carbide SG-210? 23 A Except for asbestos-free. 24 Q Except for asbestos-free. Okay. So that \ 25 most of the Ready Mix products made prior to 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704)333-9889 F (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et si. C. William Lehnert 10/3/2001 Page 96 1 September '70, September 1970 in Akron, New York would 2 not have contained SG-210. Is that correct? 3 A Yes. The first products that contained it 4 were manufactured on December 29th, 1969. 5 Q Right. But for the next nine months you said 6 most of the Ready Mix products did not have the SG-210. 7 Is that correct? 8 A For the next nine months? 9 Q Yeah, up until September of 1970. 10 A I see. Yes. There may have been -- 11 virtually all it says. 12 Q Right. 13 A And so I assume that there was an overlapping 14 here. 15 Q Right. And if we wanted to know exactly 16 which product formulas did and which ones didn't, we 17 should go back to Exhibit A and look at the individual 18 Ready Mix formulas for Akron? 19 A I don't know if I understand the question. 20 Q All right. Let me see. If I wanted to know 21 when SG-2 -- well, let me back up and ask a different 22 question. How many different Ready Mix products were 23 there or formulas, were there? 24 A I don't think I know exactly, but there were 25 some number of different Ready Mix formulas. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherton Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 10/3/2001 Page 97 [ 1 Q All right. And if we wanted to know when 2 SG-210 was introduced into any one particular formula we 3 should go back to Exhibit A and look carefully, or should 4 we go back to your documents and look carefully? 5 A Well, I think this document tells you which 6 formulas were used in it. Is that your question? 7 Q No. 8 A No. 1 I 9 Q Let mesee if I can try again. As I I 10 understand your note, I believe you testified under 1 11 Akron, New York, you said that some formulas got SG-210 1 12 in December of 1929 -- excuse me. Let me try again -- n 13 December 29th, 1969 -- .. 14 A Yes. 15 Q -- but thatmost of them did not contain 16 SG-210 until September of 1970. 17 A Yes, I thinkthat's correct. 18 Q Okay. And if I wanted to know which formulas 19 had SG-210 as of December 29th, 1969, I should look at 20 the formulas themselves? 21 A Yes. 22 Q All right. You were asked a question about 23 whether product was shipped from one area -- from a plant 24 in one area to a region that was typically served out of 25 another plant. Do you remember that question? 800-333-2082 Reported By: Sheryl L. Akeriey, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et aL C. William Lehnert 10/3/20 01 1 A Yes. Page 98 I 1 2 Q And you said that it would happen sometimes. I 3 A Yes. 1 4 Q Do you know whether it was usual or typical 5 for it to happen, or was it unusual? 6 A It depended on the product. 7 Q Okay. Were there hard and fast geographic I 8 lines where one plant was supposed to serve and not go 1 9 outside of its area, or were distributors free to sell 8 10 wherever? 1 11 A I don't know of anything like that. 12 Q Okay. Do you know the circumstances under 13 which product from one plant might be sent halfway across 14 the country? | 15 A Yes. I 16 Q Okay. What were some of those circumstances? 8 17 A. Well, take for example, Acme made polystyrene 8 18 texture and they were the only ones that manufactured 8 19 polystyrene texture. In fact they manufactured most of 8 20 the textures, and so they would ship them to the other | 21 plants so that the textures then could be marketed along I 22 with the products that they had. | 23 Q What about something like Ready Mix, would 24 that sometimes be sent to a different region? 25 A I don't know of any instance where Ready Mix 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc et al. C. William Lehnert ' 10/3/2001 1 would have been shipped to a different region. Page 99 I j 2 Q So the time, the occasions when a product i 3 would be sent from one region to another would generally 8 4 be when a plant in the other region didn't make that I 5 product, or there was a shortage of it, something like 6 that? 8 j 7 A I don't know about shortages, but where they 8 didn't manufacture the product, why, they would get it 9 from a plant that did. 10 Q That did, okay. Do you know where the J 11 boundary line was between the Chicago plant, for example, 12 and the Acme, Texas plant? 13 A No, I don't. 14 Q Or any of the plants? 8 15 A No. 1 16 Q In terms of the volume of asbestos, what was 8 17 the biggest supplier of asbestos to Georgia-Pacific for | 18 use in thejoint products? | 19 MR. BONO: Objection, foundation. 20 THE WITNESS: I don't know. 21 BY MR. WILL: | I I 22 Q Okay. Do you have any way of comparing how 8 23 much Union Carbide asbestos was purchased versus how much 24 Phillip Carey asbestos was purchased? 25 MR. BONO: Objection, relevance. aKmmmmmmmwmmmmmmaamKummmmmmmmmmmammaammmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 800.333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704)333-9889 Fx (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-P*ciflc, et al. C. William Lehnert 10/3/2001 Page 100 1 A No. 2 Q Okay. Do you know in terms of all the 3 formulas -- never mind. 4 Was there a procedure in manufacturing that 5 permitted variations from the formulas? That is, could 6 the product be made with a change from the approved 7 formula under certain circumstances? ' 8 A No. 9 Q Did --do you have any sense of what quantity 10 of product was made for any of the formulas that you have 11 set out in Exhibit B? 12 A No, I do not. 13 MR. WILL; Okay. I think that's all I have 14 for you right now, Mr. Lehnert. Thank you very 15 much. 16 MS. JOHNSON: Let's go off the video while we 17 switch seats, please. 18 THE VIDEOGRAPHER; Going off record. The 19 time is 2:00 p.m. 20 (Brief break.) 21 THE VIDEOGRAPHER: Back on record. The time 22 is 2:07 p.m. 23 EXAMINATION 24 BY MS. GEISE: 25 Q Good afternoon, Mr. Lehnert. My name's Betsy 800-333-2082 Reported By; Sheryl L. Akcrley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 1 Geise. I'm from the firm of Shea & Gardner in Page 101 2 Washington, D.C. and I'm here for Certain-Teed 3 Corporation. 4 When you were hired by Certain-Teed in 1951 5 it was as a chemist, correct? 6 A It was what? 7 Q As a chemist, correct? 8 A Yes, that's correct. 9 Q And in 1956 when Bestwall Gypsum corporation 10 was created, I believe your testimony was that you were, 11 quote, still a chemist, correct? 12 A Yes, that's correct. 13 Q And your primary responsibility in 1951 and 14 1956 and during your employment for Bestwall Gypsum 15 Corporation was in creating and keeping track of the 16 formulas for products manufactured by those companies, 17 correct? 1 18 A I don't think that's accurate. 19 Q Why don't you tell us what your main 20 responsibilities were? 21 A It was formulating joint compounds that would 22 be acceptable in the marketplace. 23 Q And that was your job between 1951 and 1956? 24 A No. I started that in the early fifties, I 25 started working on joint compounds, and about 1955 was 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et al. C. William Lehnert * 10/3/2001 Page 102 1 given that responsibility to formulate --it may have 2 earlier. It may have been 1954 -- the joint compounds at the request of the Sales Department. 3 | 4 Q And then between 1954 and 1956 when you went 5 to work for Bestwall your job was formulating the 6 formulas for the products that were manufactured by the 7 company, correct? 1 8 A Well, it didn't really change. 9 Q And that job didn't change between '56 and 10 '65, did it? 11 A No, it was pretty much the same throughout 12 that whole time. 13 Q You were never an officer of Certain-Teed 14 Products Corporation, were you? 15 A No, I was not. 16 Let me back off. You said '65. I'm sorry, 17 we have to go up to '50 to '60. My job didn't change 18 until 1960. 19 Q In 1960, why don't you tell us what your job I 20 change was? 21 A All right. It was -- they created a small 22 Research Department and I was the working group leader. 23 Q But you were never an officer of Certain-Teed 24 Products Corporation, were you? 25 A Yes, I was never an officer. | 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Sendees (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et ah C. William Lehnert 10/3/2001 o ) .S' Page 103 1 Q And you were never an officer of Certain-Teed 2 Bestwall Sales Corporation/ were you? 3 A No, I was never an officer of that -- 4 Q Or of Bestwall Gypsum Corporation? 5 A Never. 6 Q And you were never a director of any of those 7 three corporations, were you? 8 A That's correct, I was not. 9 Q And you never attended any board meetings of 10 any of. the those corporations, did you? 11 A No, I did not. 12 Q And you were not familiar with the minutes of -13 board meetings of those corporations? 14 A I was not. 15 Q And you're not a lawyer, are you? 16 A No, I'm not. 17 Q Thankfully. 18 Now, are you familiar with the separation - 19 agreement in 1956 between Certain-Teed Products 20 Corporation and Bestwall Gypsum Corporation? 21 A No, I'm not. 22 Q You weren't involved in negotiating that 23 separation agreement, were you? 24 A No, I was not. 25 Q And you weren't involved at all in drafting 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fx (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 1 it? Page 104 2 A That's correct, I was not. 3 Q And you weren't involved in carrying it out, 4 were you? 5 A No, I was not. 6 Q And you don't know the financial arrangements 7 whatsoever between Certain-Teed Products Corporation, 8 Certain-Teed Bestwall Sales Corporation and Bestwall 9 Gypsum Corporation, do you? 10 A That's correct, I do not. 11 Q Now, you testified that a man named 12 Mr. Shuttleworth was your supervisor at Certain-Teed 13 Products Corporation? 14 A My first supervisor was Gilbert Hoggatt. 15 Q Correct. And was Mr. Shuttleworth your 16 supervisor after Mr. Hoggatt? 17 A . Yes. 18 Q And was he your supervisor when you were at 19 Certain-Teed? 20 A Let's see. I can't remember exactly when 21 Mr. Hoggatt was transferred to a different position and 22 then I reported to Mr. Shuttleworth, but -- so I don't 23 know whether it was before '56 or after '56. 24 Q And Mr. Shuttleworth, however, was your 25 supervisor when you worked for Bestwall Gypsum Company? 800-333.2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 F (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert ummi 1 A Yes. Page 105 2 Q And Mr. Shuttleworth was also your supervisor 3 when you worked for Georgia-Pacific, correct? 4 A Yes. 5 Q So he, like you, followed the business? 6 A Yes. That went up to 1967. 7 Q You testified, I believe, that when you 8 worked for Certain-Teed -- which was 1951 to '56, 9 correct? 10 A That's correct. 11 Q -- that the fiber, the asbestos fiber, that 12 was used in the products was purchased either from 13 Phillip Carey or Johns Manville Corporation, correct? 14 A Yes. 8 15 Q And that fiber was all chrysotile or white 16 fiber, correct? 17 A That iscorrect. 18 Q One final question. Mr. Kohlburn led you 19 through a whole long list of products from Certain-Teed's 20 Gypsum Division from 1951 to 1956. Do you remember that 21 list of products? 22 A Yes. 23 Q And just to make sure that the record's 24 clear, you can't think of any product that he named -- 25 that he did not name that was produced by Certain-Teed's 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation filed The Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 10/3/2001 Page 106 1 Gypsum Division between 1951 and '56 that contained 2 asbestos? 3 A Would you ask that question again? I'm not 4 sure I follow it. 5 Q You went through a long list of products with 6 Mr. Kohlburn, remember, joint compounds -- 7 A Yes. 8 Q -- joint finishers,patching plasters, 9 acoustical, et cetera? 10 A Yes. 11 Q Is there any product that you can think of 12 between 1951 and 1956 that Certain-Teed*s Gypsum Division 13 made that contained asbestos that you haven't told us 14 about today? 15 A We talked about some possibilities that I 16 said I would have to check the formula for. 17 Q Right. 18 A Some textures. 19 Q Right. There werethings you weren't sure 20 whether they contained asbestos? 21 A Yes, yes. 22 Q But can you think of any other type of 23 product between 1951 and 1956 that contained asbestos 24 that Certain-Teed manufactured through its Gypsum 25 Division? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 1 A I can't think of any. Page 107 2 MS. GEISE: Thank you. I don't have any 3 other questions. 4 MS. JAGGER: Do you have followup? I have 5 three questions. 6 MR. BONO: I don't know if anybody else has 7 got further cross before we go. 8 EXAMINATION 9 BY MS. JAGGER: 10 Q Mr. Lehnert, through the course of the 11 deposition today you've been asked some questions about 12 acoustical plaster. Acoustical plaster is not a product 13 that you have listed on Exhibit B, is that right? . 14 A That's correct. 15 Q Okay. Did Certain-TeedCorporation 16 manufacture acoustical plaster during the years that you 17 worked for them? 18 A I can't be sure exactly the dates, but there 19 was some acoustical plaster manufactured through the 20 Certain-Teed Bestwall dates. 21 Q Did Georgia-Pacific ever manufacture 22 acoustical plaster? 23 A No, they did not. 24 MS. JAGGER: That's all my questions. 25 MS. JOHNSON: Anybody else? 800-333-2082 Reported By: Sberyl L. Akerlcy, BMR Spherion Deposition Services (704) 333*9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-PadSc, et al. C. William Lehnert 10/3/2001 /""N o [ ') Page 108 1 MR. BONO: Yeah, just one, I think, or one 2 little series. 3 EXAMINATION 4 BY MR. BONO: 5 Q Mr. Lehnert, again going back drawing your 6 attention to the *51 to '56 timeframe, did Certain-Teed 7 Products Corporation invent and patent a product called 8 Firestop? 9 MS. JAGGER: Objection. 10 MR. BONO: I understand your objection. She 11 opened the door to it, though. 12 MS. JAGGER: No. 13 . MR. PLOTNER: No. . 14 MS. GEISE: No, I did not. . 15 MR. BONO: Yes, you did -- 16 MS. JAGGER: No. Off the record. 17 . MR. BONO: -- because it contained asbestos. 18 You asked about whether or not they made any other 19 asbestos-containing products. 20 MS. JAGGER: No, no. 21 - MR. BONO: Hold on. You asked about whether 22 or not they manufactured any other 23 asbestos-containing products, and they didget a 24 patent on a product called Xboard orFirestop that 25 contained asbestos. You asked him. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fix (704) 372-4593 Asbestos Litigation Filed Hie Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 109 1 MS. GEISE: I asked him if they manufactured 2 it. 3 MR. BONO: Well, you opened the door. I'm 4 going to ask the questions. It's only '51 to '56. 5 MS. JAGGER: Counsel, I'm going to let you 6 proceed until I say no. 7 MR. BONO: Okay. I agree. 8 BY MR. BONO: I 9 Q Going back, sir -- I'll have to start all I 10 over again -- between 1951 and 1956, did Certain-Teed I 11 Products Corporation invent and patent a product that was | 12 marketed around the term of Firestop Wallboard? | 13 MS. GEISE: Objection, compound. 14 A Yes. 15 Q Okay. Well, let's straighten out the 16 compound question. Did they invent a product called 17 Firestop Wallboard, Certain-Teed Corporation? 18 A Yes. 19 Q Did theypatent aproduct calledFirestop 20 Wallboard? 1 21 A Yes. 22 Q Did the original patent for Firestop 23 Wallboard call for the use of asbestos fibers? 24 A Yes. 25 Q Did the Firestop Wallboardcontain L 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 F*x (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pidflc, et al. C. William Lehnert 10/3/2001 1 Vermiculite from '51 to *567 Page 110 2 MS. JAGGER: Objection, no. That is by our 3 agreement something that was not going to be 4 discussed. 5 MR. BONO: I moved to '51 to '56. 6 MS. JAGGER: That doesn't matter. 1 mean, 7 you asked about asbestos. I mean, we had an 8 agreement that Firestop would not be discussed, and 9 if your intention is that the door was opened 10 because of the comment about asbestos fiber, then 11 ask about, as you have been doing, the patent and 12 the marketing with asbestos, but Vermiculite by 13 agreement -- 14 MR. BONO: Pursuant to my agreement with you, 15 I will not inquire any further regarding the 16 Vermiculite in Firestop. 17 MS. JAGGER: Thank you. 18 MR. BONO: That's all I have. 19 MS. GEISE: I want to take a break. 20 MR. BONO: I don't want a break. Let's go. 21 I'm done. 22 EXAMINATION 23 BY MS. GEISE: 24 Q Mr. Lehnert, between 1951 and 1956 did 25 Certain-Teed ever market Firestop with asbestos fibers in 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fix (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 \ 1 it? 2 MR. BONO: Objection,foundation. IIPagelll 1 3 A No. 4 Q And how doyou know that? 5 A Because I was there and witnessed the events I 6 that occurred with the patents and the marketing of the I 7 Firestopproducts. 1 8 Q And can you explain in a littlemore detail? | 9 A All right. The first patent was Mr. Croce's 1 10 patent and it contained asbestos. Andalmost on the | 11 heels of that, why Mr. Shuttleworth and Mr. Croce jointly j 12 came up with the use of fiberglass in lieu of asbestos to | 13 manufacture a type X or Firestop board, and it was that 14 product -- the other product never went through any 15 building codes and got acceptance or was marketed, 16 whereas the fiberglass board was, and there were further 17 patents that were prosecuted with the glass fiber in, and 18 that was the board that was ultimately manufactured. 19 Q So as marketed by Certain-Teed Products 20 Corporations, Firestop was asbestos-free, correct? 21 MR. BONO: Objection, foundation, and we're 22 going to be getting into the issue that Vermiculite 23 . came from Libby, Montana -- 24 MS. JAGGER: Okay. I think that -- > 25 MR. BONO: -- was added from W.R. Grace which 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Aibestos litigation Filed The Simmons Firm vs GA-PadGc, et al. C. William Lehnert 10/3/2001 Page 112 1 was contaminated with tremolite asbestos, so -- 2 MS. JOHNSON: Move to strike. 3 MS. JAGGER: I think that our record is clear 4 enough without the last question, so if counsel will 5 withdraw that question, I believe we will be -- 6 MS. GEISE: I'll withdraw the question. 7 MS. JAGGER: Thank you. 8 MS. GEISE: Thanks very much, Mr. Lehnert. 9 EXAMINATION 10 BY MR. BONO: 11 Q Mr. Lehnert, when you testified that there 12 were no asbestos fibers in the Firestop board from '51 to 13 '56, I'm assuming you meant that they added no asbestos 14 fibers to the mix. Is that correct? 15 A I don't -- I don't really understand the 16 question. 17 Q Okay. Did you just testify that they did not 18 market Firestop between '51 and '56 with asbestos in it? 19 A Yes. 20 Q Okay. 21 MS. JAGGER: Let's just stop here for a 22 moment. This is .-- 23 MR. BONO: I can't let the question the way 24 it stands stand as part of the record. 25 MS. JAGGER: All right. Ask the question was 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherton. Deposition Services (704)333-9889 Fu (704) 372-4593 Asbestos Litigation Filed The Simmons Finn vs GA-Pacific, et *1. C. William Lehnert 10/3/2001 Page 113 1 the patent -- the product as patented with asbestos 2 fiber ever marketed according to that patent. 3 MR. BONO: No, that's not the question. 4 MS. JAGGER: Because that's what he answered 5 to her, that that is not -- that it was not 6 marketed, and she withdrew the other question. 7 MR. BONO: She phrased her questions as to 8 whether or not the asbestos board had asbestos 9 fibers in it. 10 MS. JAGGER: No, I think that was her last 11 question that .1 asked her to withdraw. 12 MR. WILL: Could he answer the question 13 whether the asbestos fiber was an ingredient? 14 MS. JAGGER: Yes, if you want to put it that 15 way, a constituent, or however, something like that, 16 but not -- 17 MR. WILL: In the formula, an ingredient. 18 MR. BONO: That was the original question 19 that I asked and he couldn't answer it. So let me 20 rephrase the question again. 21 MS. JAGGER: He just didn't understand it. 22 MR. BONO: Okay. 23 BY MR. BONO: 24 Q Between 1951 and 1956 was the Firestop 25 Wallboard manufactured.and sold with added -- strike 100-333*2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pachic, et aL C. William Lehnert 10/3/2001 1 that. Page 114 2 Between 1951 and 1956 was the Firestop 3 Wallboard manufactured and sold with asbestos fibers as a 4 constituent? 5 A No. 6 Q As an added ingredient in the Firestop 7 Wallboard? e A No. 9 Q Between 1951 and 1956 was Vermiculite a 10 constituent of Firestop Wallboard? 11 MS. JAGGER: Object. No, that's where our 12 agreement kicks in that we agreed not to discuss 13 today. 14 MR. BONO: Okay. 15 MS. JOHNSON: That's it? 16 THE VIDEOGRAPHER: That concludes the video 17 deposition of C. William Lehnert. The time is 18 2:22 p.m. We're off record. 19 - - - 20 (Thereupon, at 2:22 p.m., the deposition was 21 concluded.) 22 . --- 23 24 25 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmon! Firm vs GA-FacJflc, et al. C. William Lehnert 10/3/2001 Page 115< 1 2 3 4 CERTIFICATE OF OATH 5 . 6 STATE OF FLORIDA ) 7 COUNTY OF LEE ) ) 8 9 I, the undersigned authority, certify that C. 10 WILLIAM LEHNERT personally appeared before me and was 11 duly sworn. 12 13 WITNESS my hand and official seal this 6th day of 14 October, 2001. 15 16 17 18 Sheryl L. Akerley, RMR Notary Public, State of Florida 19 My Commission No. CC954774 Expires: August 15, 2004 20 21 22 23 24 25 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et aL C. William Lehnert 1 REPORTER'S DEPOSITION CERTIFICATE 2 3 4 STATE OF FLORIDA ) 10/3/2001 Page 116 5 COUNTY OF LEE ) 7 I, Sheryl L. Akerley, RMR, certify that I was 8 authorized to and did stenographically report the 9 deposition of C. WILLIAM LEHNERT; that a review of the | I I 10 transcript was requested; and that the transcript is a | 11 true and complete record of my stenographic notes. 8 12 . 13 I further certify that I am not a relative, 14 employee, attorney, or counsel of any of the parties, nor '- 15 am I a relative or employee of any of the parties' 16 attorney or counsel connected with the action, nor am I 17 financially interested in the action. 18 19 Dated this 6th day of October, 2001. 20 21 ___________________________________________________________________________________________________ ' Sheryl L. Akerley, RMR 22 23 24 25 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed the Simmons Firm vs GA-Parifle, et al. C. William Lehnert 10/3/2001 Page 117 1 ERRATA SHEET 2 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE 3 In Re: All Asbestos Litigation vs. Georgia-Pacific 4 Page/Line Correction/Change 5 6 7I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Under penalties of perjury, I declare that I have read my deposition and that it is true and correct subject to any 23 changes in form or substance entered here. 24 Date C. WILLIAM LEHNERT 25 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333*9889 Fax (704) 372*4593 tr Asbestos Litigation Filed The Simmons Firm Vs GA-Padflc, et al. C. William Lehnert 10/3/2001 Page 1 A adhesive 31:20 34:8 able 13:17 18:8 25:3 about 6:18 10:20 13:23 19:2033:20 50:214451:24,25 52:1 adjusted 24:13 42:8 47:8 53:14 70:22,24 72:18,21 73:19,20 75:7 76:8 79:1940 85:16,20 92:1841 95:11 97:2298:23 99:7 101:25 106:14,15 107:11 108:18,21 110:7,10,11 absolutely 39:14 46:12 71:23 absorb 13:16 ACandS4:6 6:10 acceptable 101:22 acceptance 111:15 access 21:3 admitted 24:5 advance 7:7,21 18:21 advantage 50:23 advertise 53:17 advertising 64:12 affect 51:12 after 17:13 31:12 41:2245 42:17 76:10 80:18 95:12 104:1643 afternoon 43:19 79:17100:25 again 6:21 8:12 33:2036:7,946:12 51:17 54:5 55:11 according 113:2 Accoustlc 74:12,13 accurate 59:21 60:2 60:3 101:18 Acme 27:7 29:8,11 30:19 33:6,8,16 43:2445:14 46:1 47:4.51:2 52:15,16 52:19 53:5 58:12 80:22 81:11,14,24 82:5,1842 83:23 85:8,1187:5,19,22 88:2,5,9,22 91:6 98:17 99:12 Acoustic 71:16 acoustical 18:1 47:12 55:23 61:764:15 67:5 73:17 95:9 97:9,12 106:3 108:5109:10 113:20 aggregate 30:24 47:16,17 49:15,16 49:20 agree 23:4 109:7 agreed 22:16 114:12 agreeing 23:13 agreement 6:24 103:1943 110:3,8 110:13,14 114:12 ahead 23:18 Akerley 1:19 5:9 48:2,3,4,4 49:3,12 71:945,21 74:5 106:9 107:12,12,16 107:19,22 acquired 68:25 76:11 115:18116:741 Akron 29:15,17 30:7 31:1634:25 35:2,5 35:9,14,16 36:16 46:10,14 50:8 514252:12,16,16 acquiring 68:8,14 across 98:13 action 116:16,17 actively 69:1 52:22534,741 544,6,14,14 80:2 874,10,13,14,15 88:1195:10,18 actual 51:20 96:1,1897:11 actually 16:24 92:9 added 76*43 111:25 112:13 113:25 114:6 adding 56:2 addition 20:18 37:23 al 1:7 4:7 5:8 alive 12:17 17:14 Allen 243 alls 56:15 almost 111:10 along 9841 38:1 additional 38:7 adhere 52:3 already 44:10 72:7 72:1176:23 although 7:12,23 8:1 always 12:616:7 28:12,1243 29:1 assistance 10:12 28:12 78:2 30:20 31:2,1743 associated 73:25 amount 34:6 32:4,1545 33:9,13 74:18 75:3 amounts31:23 32:10 33:17,22 34:14 Associates 4:11 32:2095:6 35:3,6,9,11,15,17 assume 13:9 35:21 another 12:11 55:8 35:2144,25 36:6 96:13 55:196145 76:2 36:17,19,24 37:4,7 assuming 112:13 86:1693:17 97:25 37:11 38:1542 assure 23:19 99:3 39:3,10,2140:2,13 asterisk 80:6 answer 48:13 55:16 41:1642:2146:2 Atlanta 2:9 3:9,17 67:22113:12,19 46:19 47:548:10 attempt 23:6 answered 113:4 48:18 49:3 50:5 attend 11:8,10 answer's 87:11,12 51:4,9,16 52:9,19 attended 103:9 anybody 107:6,25 52:24 53:10,24 attention 24:16 33:5 anyone8:ll 40:16 54:9,23 55:6,15,21 34:24 108:6 66:15 56:7,12,1842 57:6 attorney 116:14,16 anything 20:19 57:18,2144 58:6 attorneys 7:19 9:5 98:11 59:12 70:4,21 74:1 19:1440:20 59:9 anyway 93:1 76:16 78:7 81:12 August9:24 115:19 anywhere 87:18 82:7 83:15,16 Australian 3:22 apologize 41:3 84:174141.23 authentication 7:3 apparently 68:17 86:1 87:10 88:12 author 95:1 | appear 20:14 90:1,5,8,13,15 92:1 authority 115:9 1 appearance 24:2 95:699:16,17,23 authorized 116:8 APPEARANCES 99:24 105:11 106:2 available 36:24 2:13:14:1 106:134043 37:20 38:2,24 appeared 115:10 108:1745 109:23 39:17 80:12 95:22 appearing 9:8 110:7,10,12,25 Avenue 2:4,19 3:4,13 appears 27:22 28:1 111:10,12112:1,12 3:22 29:3 112:13,18113:1,8 aware 9:11 applied 13:18 47:16 113:8,13114:3 away 80:19 47:18 52:2 117:3 A-l 27:7 94:21 apply 48:1 asbestos-containing A-119 90:18,22 91:3 appointed 14:16 4:24 35:12 38:20 A-19 90:21 approved 100:6 69:11,1542 70:16 amt 1:14 5:3 21:14 approximately 18:7 70:17 71:1,4,8,14 21:1740:23 18:8 71:2045 72:4,9,15 A.P 5:7 April 45:25 46:4 50:3,3 81:25 82:6 72:23 73:2,6,10,15 73:2274:5,14,19 B Ardmore 63:9 74:23 75:3,9 77:14 B4:24 24:16 25:12 area 10:129:10,15 108:19,23 25:15 28:15 29:3 29:204530:5 asbestos-firee34:l 31:142 32:933:5 8240 97:23,24 35:11,17 37:138:2 35:19 38:1340:11 98:9 38:2440:8 53:13 41:1444:345:4,19 argument 22:11 53:14,16,1740 49:14 51:1179:21 Army 11:13 58:1 95:23,24 80:2,22 84:25 around 15:15109:12 111:20 86:10 89:16,19 g arrangements 104:6 asked 10:13 11:1 90:491:24 92:6 1 asbestos 1:4 5:6 7:2 13:936:838:5 93:20,2495:9 I 7:5 9:1410:15 79:20 85:1540 100:11107:13 13:12,14,16,18 97:22 107:11 Bachelor 11:19 15:17 18:4,5,9,12 108:184145 109:1 back 8:16 21:16 24:2,625:1,6,1740 110:7 113:11,19 40:25 42:11,12 2542 26:4,7,13,16 asking 9:4 82:3 49:21 51:1754:14 2643 27:4,8,9,13 88:12 54:14,16 55:17 27:1640 28:1,1,5 aspects 10:21 59:260:22 70:20 | 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 10/3/2001 Page 2 71:22 79:13 80:21 13:25 14:2,9,11,17 board 10:2416:14 Burroughs 2:14 case 5:6 8:1 10:24,25 87:23 88:14 90:14 15:10,13,1617:20 16:1652:3 103:9 business 10:2211:4 21:8 96:17,21 97:3,4 26:3,649:760:24 103:13 111:13,16 20:1660:1269:12 cases 22:22 80:19 100:21 102:16 61:12,21,2562:7,8 111:18112:12 69:16,17 105:5 caulking 52:2 108:5 109:9 62:18,19,21 63:7,7 113:8 buying 68:7 CC954774 115:19 Backer 16:14 63:12,19,2U2 Bono 2:3 4:19 5:12 ceased 65:4 backgronnd 10:21 64:3,11,13 65:12 5:17,176:13 7:12 C ceiling 30:25 50:1,4 backing 16:15 65:15,19,2566:7 7:22 8:5,7,10,13,15 C 1:123:16 5:4 8:18 50:8 bag 15:6 45:22 47:1 66:11,21 67:10,14 19:1122:4,8,10 114:17115:9116:9 ceilings 30:24 47:22 52:5 77:21 67:16,23 68:3,8,14 23:12,17,193 117:24 49:15 bags 44:20 79:3 68:18,24 69:1 70:8 24:1,5,1043:18 call 10:19 11:14 Center 2:19 3:4 Bailey 4:3,4 6:8,8 70:14 72:6,10,21 48:14,193 49:1,6 16:12 109:23 central 30:9 32:18 banker's 92:19 72:22 73:3,4,5,11 49:8,1054:1,12 called 8:19 13:25 57:13,17,19 based 10:2031:14 73:13,14,21,24 56:1 58:193 59:4 47:12 50:11,14 Centre 3:21 32:2,12,22 38:14 74:2,4,7,8,10,14,17 60:18 79:7 82:3,9 51:23357:13 certain 86:15 100:7 39:140:9 74:20,22 75:1,4,6 85:15 86:5,19 89:4 61:20 62:6 70:8 Certain-Teed 2:22 basis 22:18 69:6 75:10,25 76:11,17 91:18 92:3 99:19 71:17 83:3,14 84:2 3:11 5:24 6:1 7:6 Beach 3:22 77:6 78:6,17,25 99:25107:6 108:1 89:11 92:19 108:7 7:11113 12:2,8 beads 13:4 31:13 101:9,14 102:5 108:4,10,15,173 108:24 109:16,19 12:123 13:6,24 34:1550:2380:19 103:2,4,20 104:8,8 109:3,7,8 110:5,14 came 44:16,20,23 17321:18 25:19 became 16:1 70:8 104:25 107:20 110:183111:23 45:2246:24 68:15 25:23 60:23 61:11 become 13:2015:21 Betsy 100:25 1113 112:103 69:8 78:1 111:12 61:22,24 62:7,9,25 bedding 31:20 32:7 better 23:14 86:9 113:3j7,1833 111:23 63:7,8,11364:2,4 52:4,8,11,17,18 87:1 114:14 cancelling 6:14 64:11,12 65:13,19 56:18,19 72:1,4 between 7:10 15:17 Bono's 213 23:4 Carbide 2:21 3:2 6:2 65:25 66:7,11,21 74:15,19 15:18 30:731:5 boss 12:8,1114:5 6:3 7:1,4,69:13 67:9,173 68:8,14 before 1:19 6:13,19 33:10,16,23 34:3 17:10 22:24 25:1,6,173 68:243 69:10,11 12:23 42:4 68:6 35:7,9,1336:2,4,13 both 62:12 63:12 26:4,13,15 27:18 69:23 70:2,15,25 76:1082:25 83:4 36:20 37:8,13,16 64:12 65:183 28:2329:130:20 71:8,10,11,25 72:5 1 83:13 89:25 104:23 37:17,20,21 38:19 66:1167:9,1893:1 31:2,173 32:4,10 72:8,16 76:17 77:5 1 107:7115:10 39:6341:11 50:3 bottom 94:23 32:14,20,24 33:9 77:13101:2,4 I began 14:2 16:18 50:1651:3,753:8 Boulevard 2:12 33:13,17,2235:3,6 102:133 103:1,19 g 18:8 78:12 85:5 53:22 54:3,8,21 boundary 99:11 35:9,11,14 36:17 104:7,8,12,19 | begin 85:8 55:5,14 56:17,20 box 78:192:193 37:4,7,1038:15,22 105:8 106:24 g beginning 14:2133:6 57:163 58:4 boxes 79:4 92:14,15 39:33 40:2,13,17 107:153108:6 g 79:14 61:19,19 62:19 92:15,18 94:4 41:1642:2146:1 109:10,17 110:25 1 begun 76:15 63:2,6,11,14,17,21 brand 60:24 69:21 47:5 49:1750:5 111:19 1 behalf2:2,6,17,21 64:2,20,25 67:5,8 70:6 71:3,1372:3 52:8 53:23 54:93 Ccrtaln-Teed's g 3:2,6,11,15,194:2 67:18 68:2 69:23 73:1,9374:11,18 55:1556:7,12,18 105:19,25 106:12 g 4:6,1025:12 70:25 72:83 73:6 75:2,8 56:2157:5,9,18,24 Certex 70:1,2 71:6 being 5:4 6:22 7:19 73:11,15,22 74:2,4 break 24:12 40:21 58:5 79:18 81:6,11 CERTIFICATE 21:2023:243:11 74:13^075:4 41:4 58:18 77:10 82:1,7,18 84:33 115:4116:1 44:4 50:23 61:17 77:19 82:5 99:11 77:11 100:20 86:1,13,16,1787:6 certified 8:21 62:15 believe 15:15 45:10 101:23 102:4^9 110:193 103:19104:7 106:1 Brief 100:20 87:1088:5,12 certify 115:9 116:7 89:1195:22 99:23 116:13 45:1046:10,11 106:123 109:10 briefly 80:11 Carbide's 83:15 cetera 106:9 55:1664:19 76:1,7 110:24112:18 bright 24:13,14 career 11:4 chances 22:15 82:3 92:1197:10 113:24 114:2,9 broken 29:4 carefully 97:3,4 change 14:14 17:2,2 101:10105:7112:5 beyond 39:16,17 Bronze 4:4 . Carey 26:1,113 100:6 102:8,9,17 below 81:16 Bice 4:7 Broom 2:14 27:113 36:1,6 102:20 Bennett 2:8 big 92:12,14 Brumbaugh 3:20 843 85:12 90:13 changed 16:20,243 Benson 3:16 biggest 43:2199:17 brush 47:18 91:1695:1999:24 16:2583:4,7 93:12 besides 45:14 52:12 BUI 9:1 buckets 44:17 105:13 95:14 53:2 binder 34:6 50:21 buff40:7 carrying 104:3 changes 14:12 67:23 Be$tex74:3 Blscayne2:12 building 16:2,4 63:9 carton 15:8 117:2,23 Bestwall7:10 13:22 bit 27:12 63:13 111:15 cartons 33:25 changing 43:5 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 3 characteristics 38:8 65:25 68:6,13,15 connected 116:16 6447:11,17 8:20 | 744 8:25 . charge 20:7 68:17,19 69:8 considered 51:18 9:3,9 10:4 11:24 cover 13:4 34:14 Charles 9:1 91:25 101:16 constituent 113:15 12:34013:715:23 covered9341 chart 36:11 company4:2 6:9 114:4,10 17:11 19:3,17 co-counsel 24:9 check 106:16 7:1110:3 13:22,25 construction 13:5 25:13,1926:2,10 crack 40:5 42:9 43:8 chemical 11:20 14:2,9,18 19:2 31:1134:13,16 28:1040:17 60:16 cracked 80:18 chemist 12:1,6 14:1 25:2226:1,11,24 75:16 62:1,6,7,940 63:4 Crane 4:10 543 101:5,7,11 27:3,11,1528:8 consult 10:17 45:16 63:8,23 64:4,11 create 6145 . Chicago 29:19,22 60:25 61:4,12,16 46:12 51:17,20 66:8,9 68:21 79:18 created 19:21 61:25 32:3 37:2,3,10 61:2062:16,18 71:22 73:17 83:17 101:3,9,15 102:14 6240 68:24 101:10 45:10,11,14 46:11 63:2068:1881:22 consulting 10:6,9,14 102:24 103:2,4,20 10241 46:14 52:15,16 102:7104:25 11:2 103:20 104:7,8,9 creating 101:15 53:6 54:13,18 comparing 99:22 contain 13:1115:17 104:13 105:13 Croce 111:11 55:12,2056:16 complete 116:11 18:5 25:20 26:4,13 107:15 108:7 Croce's 111:9 57:3 58:13 80:2 complex 77:9 26:23 33:8,1741 109:11,17 cross 643 107:7 85:5 87:1699:11 Composite 4:23 59:6 33:2534:2 35:2,6,9 corporations 67:18 Curtis 4:4 6:8 chief 61:21 62:21,24 compound 14:18,23 35:14 36:1637:10 103:7,10,13 111:20 custody 20:11 63:3 15:1,2,10,13,16 38:142 39:3,21 correct 7:15 20:14 customer 38:9,10 Chris 5:21 17:2219:5 26:23 40:2 46:1,1947:4 25:152741,25 customers 38:5 Christensen 3:20 28:24 31:20,21 48:1849:12,16,22 28:1129:5,6 3943 i Christopher 3:8 32:7,8 33:8 35:1,17 50:4 51:3,9,16 52:8 41:6,7,174243,24 _______ D chrysotile 105:15 39:240:12 42:20 52:194453:1043 4441,22 45:648:7 Daniel 4:11 Circuit 1:1,1 7:24,25 43:2244:5,1945:3 54:843 55:14 56:6 50:1151:13,14 date 1:13 5:2 28:22 circumstances 98:12 45:9,20,25 46:7,22 56:18,2157:5,18 54:19 57:1060:25 28:2537:24,25 98:16 100:7 50:11,14,17,17,20 574458:5 81:11 61:1 6441 70:23 39:14,17,184142 City 11:16,17 51:14.6,12 52:4,8 97:15 109:25 76:5,8,23 77:1,14 65:670:978:11 Civil 22:6 52:11,17,18^2,24 contained 18:4 19:16 80:782441,23 11744 Clarence 12:15 53:1,5,16,18,21 20:1924:25 25:5 84:5,11,18 85:3,4 Dated91:9116:19 17:12 54:7,15,1942,25 27:2 30:19 31:17 86:13 87:6 88:7,22 dates 28:16,1941 clarification 7:12 55:13 56:6,18,19 31:25 32:4,1444 89:1,16,17 904 29:4 314,23 32:9 clear 7:18 23:18 564143,2445 35:10,1636:18,19 91:12,15,2041 32:1935:9 36:7,8 42:19 82:17 105:24 57:1,4,23 58:4 37:4,640:11,13 '92:14,7 93:13 96:2 37:641:13 49:18 112:3 59:15 75:1941,23 45:548:949:3 96:7 97:17101:5,7 55:65740 64:15 Clearlake3:21 76:24,1491:6 55:6,20 57:940 101:8,11,12,17 67:575:24 7841 coat 50:22 92:10109:13,16 70:4,21 74:176:16 102:7 103:8 104:2 7843 85:1,1641 codes 111:15 compounds 12:2144 78:7 83:16 86:12 104:10,15 1054,9 85:25 864,11 Cole 4:7 j 13:1,8,10,1115:3,5 87:2 88:596:2,3 105:10,13,16,17 107:1840 collated 10:23 16:17 17:8 20:24 106:1,134043 107:14111:20 day 75:194043 76:1 college 11:8,10,12,16 21:8,1024:25 108:1745111:10 112:1411742 83:34,10,14,19 Collier 3:8 5:21,21 25:2043 26:3,7,12 containing 7:4 18:12 corrected 23:9 84:7 87:944 color 38:7 29:2,12,18,23 31:7 41:1542:2159:12 Correction/Change 115:13116:19 column 79:23 80:22 51:11,15 53:9,23 59:1688:21 117:4 Decatur 20:1,8 combination 36:22 69:1842 72:1,4,9 contains 35:19 50:20 correctly 95:13 December 284142 85:13 72:23 73:2 74:15 contaminated 112:1 counsel 1:17 64345 35:7,13364,4,13 come 13:23 18:10 74:19,24 75:3 contractor 82:16,20 7:7,741 23:22 24:8 37:16 53:8,22 54:4 19:1744:752:5 76:164245 77:4 control 20:11 109:5112:4116:14 54:8,2155:14 56:5 60:15 61:16 76:25 77:14,1678:6,16 Cont'd3:14:l 116:16 95:13,1396:4 77:21,24 79:3 78:24 101:2145 copies 20:14 59:21 counselor 23:20 97:12,13,19 comes 44:13 76:23 102:2 106:6 60:4,4 counted 93:7 declare 117:22 comment 79:24 conceal 13:3 copy 92:9 country 98:14 decorative 31:12 80:22 81:1,15 concerning 21:9 corner 5:14 13:4 County 1:2 745 47:21 110:10 concluded 114:21 31:13 34:15 5043 115:7116:5 Defendant 1:17 2:6 Comments 79:24,25 concludes 114:16 80:19 couple 41:3 79:19 2:1734,6,11,15,19 Commission 115:19 confining 72:13 corporation 1:18 2:6 course 20:15 34:1 4:6,10428:19 companies 25:25 confusing 86:4 2:17423:1944 60:12107:10 defendants 1:8 241 26:6,9 62:1263:7 Congoleum4:2 6:9 5:16,25 644,4,9 court 1:1 54 6:11 4:25:8 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclfic, et al. C. William Lehnert 10/3/2001 Page 4 degree 11:18,19 document 24:17,19 102:2 EXAMINATION 19:1971:17 72:14 L Denver 81:16,18,21 24:2125:3 28:16 early 78:10 101:24 4:17 842 43:17 103:12,18 82:1540 39:13,16 41:2143 easier 34:8 50:24 6040 79:15100:23 far 6345 64:9 Department 11:6 42:5,1643:2 92:20 easily 13:18 107:8 108:3 11042 farther 27:12 59:19 102:3,22 94:8497:5 Easley 2:11 112:9 fast 98:7 depended 98:6 documents 10:23 east 3:4 30:9 example 27:6 58:12 February 52:743 depends 47:25 18:1741 19:16,24 Edwardsville 2:15 85:5 88:8 90:12 5441 55:14 56:5 deposed 8:21 20:10,13,14,25 2:25 94:14 98:17 99:11 56:1740 deposition 1:12 5:3 25:759:1092:19 effect 31:12 4741 except21:22 22:16 feeling 69:3 6:15,16,22,25 7:8 93:2494:1,10,14 93:16 23:3 35:11,17 feet 92:21414444 7:219:1118:21 95:497:4 either 12:16 23:5 36:25 51:19 87:3 fell 80:19 | 19:1020:20 21:20 doing 10:1114:18 47:15 67:2 77:5 95:23,24 few 28:4 1 22:2,19,2123:2,6 110:11 105:12 exception 38:23 fiber 105:11,11,15 | 25:4 43:6 107:11 done 10:5,925:9 Elgin 4:13 51:10 105:16110:10 I 114:17,20116:1,9 93:20 110:21 Elizabeth 3:12 5:24 exceptions 37:13,14 111:17113:2,13 i 117:22 door 108:11 109:3 21:18 8642 fiberglass 111:12,16 | deposition's 8:16 110:9 elsewhere 4944 excluded 39:14,16 fibers 109:23 11045 1 designate 30:8 Dow 80:44,13 57:15 41:2543:3 112:12,14 113:9 designation 27:5,10 down 27:12 29:4 employed 11:2243 Excluding 66:9 114:3 27:1742 28:1,5,6,8 45:1149:14 77:11 12:2 13:6,2114:8 exclusively 95:19 fifties 101:24 designs 47:23 81:14 95:2 1541,24 excuse 36:2 97:12 filed 1:4 5:6 6:22 detail 111:8 drafting 103:25 employee 65:12,13 executive 61:21 24:2,7 determine 27:3,8,15 drawing 108:5 65:15 116:14,15 62:2144 63:3 files 7:16 19:17 70:21 73:18 dried 80:18 employees 65:18 exhibit 18:17 19:9,16 fill 34:15 develop 18:9 Drive 1:16 5:5 66:8,10 19:204420:10,13 filled 93:1 development 11:5 dropped 42:4 employment 144 20:1924:1625:12 Filler 27:7 14:22 15:9 17:1 dry 15:5 44:7,8 16:18 17:10101:14 25:1527:3,6 28:15 final 105:18 21:8 59:1976:4 47:1454:1957:14 enabled 13:17 29:3 31:142 32:9 financial 104:6 differed 15:3 75:15 76:1745 engineering 11:20 33:5 35:1938:13 financially 116:17 | difference 31:5 34:3 77:6 78:2,1779:14 enough 112:4 40:1141:14 44:3 find 84:2 $0:16,19,25 86:3 Dryer 3:6 ENTER 1174 45:4,1949:14 finish 13:2 34:13 different 1020 34:5 drywall 31:20 4744 entered 24:1117:23 51:1159:779:21 finished 31:13 38:676:22 85:1,1 51:2345 75:16 entire 11:4 21:3 79:23 80:142 finishers 70:4 73:6 85:16,17 89:14 81:21,22 82:16 ERRATA 117:1 84:25 85:19 86:10 73:11 106:8 94:11,1296:21,22 duly 8:20115:11 Esquire 2:3,4,8,11 88:20 89:15,19 finishing 31:10 34:23 96:25 98:24 99:1 during 11:10 12:19 2:14,18433:3,8,12 90:4,18914,24 75:16 10441 14:11,17 16:8 3:16,214:4,8,12 92:693:4,1540,24 lire 16:13 dimension 92:25 17:1024:1233:7 essentially 67:19 93:2594:4,10,13 Flrestpp 16:13 108:8 dimpled 13:3 33:1935:5 36:19 established 7:17 94:19 95:9 96:17 108:24 109:12,17 direction 59:18 37:1038:1839:5 et 1:74:75:8 106:9 97:3 100:11 107:13 109:1942,25 110:8 directly 66:24 67:2,3 41:449:18 57:840 Evans 2:4 EXHIBITS 4:22 110:1645 111:7,13 director 103:6 60464:10,23 even 23:20 83:16 existed 15:3 60:5 11140112:12,18 discovery 6:14 7:14 65:1767:2469:13 events 111:5 exlstencc22:9 113:24 114:2,6,10 discuss 114:12 72:5 74:22 78:2 eventually 6641 Expires 115:19 firm 1:4 2:3 5:7 7:24 discussed 58:8 110:4 81:8,24 101:14 70:8 explain 12:24 15:2 24:3,7 101:1 110:8 107:16 ever 25:20 26:3,13 244141:8 50:19 first 2:8 6:13 7:1,20 discussion 19:10 Duty 30:23 31:6,9 26:22 40:12,16 111:8 8:209:728:23 21:15 48:24 45:20,20,2546:6 87:15 10741 extent 88:24 29:7 37:244444:4 distill 93:21 75:13,14 81:1444 11045113:2 5042 51:22 60:23 distinctions 51:19 82:5,18,19 88:8,13 every 59:24 F 80:21 94:1441 distributed 7:20 88:2144 everyone 6640 Fabrics 3:6 95:14 96:3 104:14 distributors 98:9 D.C3:13 101:2 Everything 8:8 faculties 63:12 69:8 111:9 division 13:2415:25 evidence 6:15 25:12 fact 1040 22:2 83:25 Firstar 3:4 16:1^4.6,8,11 I exact 70:9 92:25 98:19 five-gaUon 33:25 17:18,1830:14 each 59:24 exactly 96:15,24 failed 80:11,16 Florida 1:16,20 2:12 105:20 106:1,12,25 earlier 82:4 84:15 10440107:18 familiar 174118:23 240 3:224:9 5:6 000-333-2082 Reported By: Sheryl L. Alcerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et al. C. 'William Lehnert 10/3/20 01 Page 5 9:20,25115:6,18 Fort 1:16 53 9:20,25 61:5,13 623,10 give 28:19 37:13 half92:14 116:4 forward 36:24 63:24 64:5,14 92:12 halfway 98:13 focus 33:4 86:25 fouled 42:15,18 65:14,20 66:2,13 given 7:5 27:22 72:7 hand 91:2 115:13 Foley 3:3 foundation 19:12 66:23 67:4,1130 72:11 102:1 handled 13:17 follow 106:4 61:5,13 62:10 68:4,9 69:2 10034 glass 111:17 handwriting 94:15 followed 105:5 6334 64:5,14 101:1 1073 108:14 Glen 17:13 94:1733 following 7:124:23 65:14,20 66:2,13 109:1,13 110:1933 Glenny4:7 handwritten 95:5 follows 8:21 66:23 67:11,20 112:6,8 go 9:1 15:13 21:11 happen 58; 15 98:2,5 followup 107:4 68:4,9 69:299:19 general 6:2117:18 23:18 33:5 42:11 happened 62:15 form 8:8 21:22 22:17 111:2,21 34:10 37:12 38:11 49:2151:1754:16 70:10 23:3,9 44:23 46:24 four-gallon 33:24 39:1932 43:12 55:17 58:12,13 Harbour 1:15,165:4 ] 48:11 53:25 62:2 frames 39:5 57:8 69:3 88:12 60:2262:17 70:20 5:5 82:9 89:4 117:23 free 98:9 generally 12:24 71:22723079:8 hard 98:7 1 formed 14:15 Friedman 3:16 16:1024:2128:20 80:21 81:1484:7 having 830 25:2 g formula 19:23 21:4 from 7:1510:3*19 99:3 87:23 88:14 90:14 50:24 64:9 | 27:4,5,9,16,22 11:17 14:1015:3 generic 47:12 93:24 96:17 97:3,4 Hawkins 3:7 1 28:11 34:9,11 19:1736:2440:2 geographic 98:7 98:8 100:16 102:17 head 59:18 I 37:1738:4,1139:9 40:1642:2145:4 geographical 29:10 107:7110:20 headquarters 63:8 | 39:1540:6,743:11 453447:3 49:15 29:1530 30:5 going 9:4 21:13 33:5 heads 13:3 31:12 E 51:18,20 57:1,2 51:11 52:7/2233 geographically 4030,22 58:24 34:14 50:22 I 71:23 80:10 81:2 56:5 57:4 59:11 2935 59:5 79:10 100:18 hear 55:22 | 83:9 89:11 90:15 60:15 62:15 64:10 Georgia 2:9 3:9,17 108:5 109:4,5,9 heard 553435 82:4 E 91:5,12,1793:12 6535 66:1130 11:15 20:8 29:24 110:3111:22 Hebrank 2:14,14 | 95:1497:2 100:7 68:8,14,1633 69:7 30:132:14 38:14 gone 10:22 39:16 5:20,20 i 106:16113:17 69:13 70:15 73:3 38:16,21 57:12,17 good 8:24 43:19 heels 111:11 1 formulas 4:23,24 7:4 7632 77:5,6,13,21 57:22 58:13,13 58:22 60:4 79:17 held 5:4 11:6,13 7:5,13,13,15,19 78:16 80:1991:6 94:9 94:14 100:25 help 77:12 17:21 19:1,5,5,930 95:18 97:2333 Georgia-Pacific 1:7 governed 22:14 Hep!er2:14 20:19,23 21:1 98:13 99:33 100:5 1:182:64:22 5:19 grabbed 90:17 her 113:5,7,10,11 24:24,25 27:2 28:4 100:6 101:1 105:12 5:20 6:734 73,3,6 Grace 11135 hereinafter 8:20 30:1731:1532:2 105:1930110:1 7:168:19 9:3,9,14 graduated 11:17 hesitating 83:2 32:13,23 33:19,21 11133,25 112:12 10:4,6,9,13,18 11:2 Green 5:7 Heyl2:23 34:435:1,10,11,13 front 18:16 25:3 15:23,25 16:3,8,11 Greer 3:20 hidden 34:15 1 35:16,2036:21,23 fun 8:25 16:15,19 17:1130 Grieve 65:11,12 him 6:20 8:15,16 1 3635373,1230 function 62:8 18:4,11 19:3,6,17 group 14:15,1631 24:1010835 109:1 I 38:2,11,1539:1,19 functions 34:18,20 1933 21:4 2434 15:12,2419:4 59:6 hired 101:4 8 39:22 40:1,1042:9 34:21 25:5,13,1626:12 67:19102:22 history 21:7,9 24:24 42:1043:7,7,8,12 furnish 30:1 26:1627:2 28:24 Grove 11:16,17 25:9 45:17,1746:12 furnished 15:6 19:14 29:130:15,18 guess 56:15 Hoggatt 12:9,16 65:3 49:21 53:15 54:17 29:22 33:2340:6 31:15 32:1232 guessing 92:16 65:5,7104:14,16 55:17 57:8 59:8,11 523 593 40:10,1243:22 gypsum 7:1010:24 10431 59:13,17,22 60:5,8 further 28:25 107:7 44:1630 48:6,18 11:4 13:2,4,22,24 hold 16:22 108:21 70:20 73:17 83:17 110:15 111:16 4933,6,8,11 50:10 13:25 14:2,9,17 home 94:1,4 84:2,8 86:12 87:2 116:13 50:13 513 53:10 16:1,5,6,7,11,12,13 hope 82:10 88:1492:7,10,17 53:15 54:6,7,23 17:17,18 20:1,4 housed 193435 93:2,5,11,1632 G 55:13 59:6,8,13,14 26:3,7 30:11,14 20:3 94:3 95:22 96:16 Gardlneer 81:17,19 59:15,19,22 60:9 31:1034:12,16 hundred 2033 25:7 96:18,23,25 97:6 81:21 82:19 60:13,16 68:3,735 52:3 62:186330 hundreds 92:6 97:11,18/20 100:3 Gardner 3:12 101:1 76:1184:892:10 68:18 69:12,16,17 H-O-G-G-A-T-T 100:5,10101:16 Gary 4:8 6:10 99:17 105:3 107:21 72:13 101:9,14 12:10 102:6 gave 7:13,14 37:24 117:3 103:4,20 104:935 formulate 102:1 86:2132 Georgla-Padfic's 10530 106:1,12,24 ________I formulating 101:21 gears 43:5 20:1534 102:5 Ge!se3:124305:24 gets 24:14 idea 92:12 H identification 90:25 formulation 13:10 5:24 6:18 8:8 getting 11132 hac24:5 identified 31:132 44:7 21:18,18 22:6,10 Gilbert 12:9 104:14 Haines 2:18 identifies 28:12 800-333-2082 Reported By; Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed Tbe Simmons Firm vs GA-Paciflc, et aL C. William Lehnert 10/3/2001 PageS identify 25:4 30:18 109:16 33:735:1,1739:2 70:22 83:6 84:6 43:6,1959:5 60:22 30:22 31:15,19 Involved 11:3 13:7 40:1242:2043:22 87:12 88:18 92:25 79:17100:14,25 32:3,13,23 40:11 14:22 103:22,25 44:5,19 45:3,9,20 94:10,17,22 96:15 107:10 108:5 59:7 104:3 45:25 46:6,22 96:19,20,2497:1 110:24112:8,11 112:24 issue 111:22 50:11,1751:1,5,6 97:18 98:4,11,12 114:17115:10 E Illinois 1:2 2:5,15,25 issued 93:13 51:12 53:9,16,18 98:25 99:7,10,20 116:9117:24 4:5,13 8:121:21 issues 7:1 53:20,23 54:7,18 100:2 104:6,23 less 50:21,24 22:3,4,6,1423:1,7 item 49:25 82:22 54:22,25 55:13 107:6111:4 lesser 34:6 23:21,2424:6 56:6 57:4,23 58:4 knowledge 64:7 let 24:10,14 54:2 29:2032:4 54:13 J 59:1569:18,22 65:21 67:8 55:7,9 76:21 86:7,9 55:12 56:16 57:3 J 3:3 4:11 70:3 72:23 73:2,6 known61:12 86:25 87:23 89:9 80:3 Jagger 2:8 4:18 5:19 73:1075:19,20,23 Kohibum 2:4 4:19 90:1696:20,21 Implement 47:18 5:19 6:207:15 76:2,4,14,16,22,25 5:18,18 60:21 61:8 97:9,12 102:16 Impossibility 22:23 6:11,14,23 9:3 77:4,14,16 78:6,15 61:15 62:5,13 64:1 109:5112:23 impression 68:23 19:15 21:1124:11 78:2491:6 92:10 64:8,16 65:1666:4 113:19 69:6 25:11,14 40:19 99:18 101:21,25 66:16 67:1,1568:1 let's 11:1223:18 inasmuch 34:5 41:242:743:15 102:2 106:6,8 68:11 69:5 79:6 24:842:19 53:14 Inc 3:15 48:11,15,17,22 jointly 111:11 105:18 106:6 54:556:3 79:8 include 17:24 18:1 49:5,790:21 107:4 joints 13:231:12 Kurowskl4:3 100:16 104:20 69:18 95:14 included 19:9 43:2 107:9,24 108:9,12 34:12,13 75:16 108:16,20109:5 Judge 23:17,20 109:15 110:20 L 112:21 81:7 110:2,6,17 111:24 Judicial 1:1 7:25 L 1:19 2:23 4:8 Libby 111:23 includes 19:5 83:19 112:3,7,21,25 Julia 2:8 115:18116:7,21 licensed 23:20,23 Including 17:8 113:4,10,14,21 Julie 5:19 9:2 lab 20:25 39:13,15 lieu 111:12 Incorporated 5:8 114:11 June 39:6,20 42:22 41:2U2 42:5,16 life 8:17 indeed 90:15 James 4:12 5:23 58:4 62:23 63:6,11 43:2 94:7,9 light 24:13 INDEX 4:17 January 39:7,8,12 64:10,17 82:25 labels 53:17 like 33:4 42:9 43:8 indicate 21:25 84:1 39:13,2041:11,16 83:13 87:5 91:9 laboratories 20:8 44:13 58:18 85:6 indicated 42:6,17 41:2042:1,22 43:1 jurisdictions 23:7 laboratory 10:22 92:22 98:11,23 76:7 57:16 58:5 jury 8:25 10:811:21 17:620:1,4 63:12 99:5 105:5 113:15 indicates 15:7 41:14 Jason 3:16 5:22 12:24 63:19 68:15 Likewise 87:8 indicating 36:5 Jeff 5:20 Just7:18 11:14 12:23 language 35:19 limited 6:25 7:9 9:12 48:14 Jeffrey 2:14 21:1922:1125:8 Lardner3:3 45:18 76:13 indirectly 67:2 job 11:2514:12 27:634:436:10 large 1:20 81:2194:2 limiting 7:9 Individual 60:6 16:19101:23 102:5 55:3 70:11 73:24 largest 43:24 limits 86:21,21 96:17 102:9,17,19 74:10,1275:7 86:1 last 30:4 93:9112:4 line 44:9,15,16 72:13 individuals 65:18 Joe4:15 5:1 88:1290:17,17 113:10 84:13 99:11 Industries 5:8 John 4:10 5:23 94:19 105:23 108:1 lastly 38:25 lines 98:8 ' I information 40:11 Johns 26:1,10,21 112:17,21113:21 later 15:8 16:25 83:4 list 29:14 46:17,18 8 95:2 infringement 10:25 28:10,13 68:21 85:13 105:13 lawyer 103:15 5231 56:25 90:4,7 8 K leader 14:16,21 91:25105:19,21 | ingredient 80:14 Johnson 2:11,11,11 KaUte 71:18 15:11102:22 106:5 R 113:13,17114:6 6:6,639:12 42:2 Kasowitz3:16 least 39:6,8 41:11,16 listed 29:7 30:4 60:5 8 Initially 65:2 55:22 58:17,20,23 keeping 53:7101:15 41:2042:2,3,5,15 84:1 88:2189:10 1 inquire 110:15 79:8 90:19 100:16 Kent 2:23 6:1 42:22 43/1*3 45:5 89:15107:13 8 insistence 21:24 107:25 112:2 kept 60:12 45:2457:1958:5 Listen 55:23 8 Insofar 95:6 114:15 kicks 114:12 68:2076:12 Lite 71:16 74:12,13 | Instance 98:25 joint 12:21,24 13:1,8 kind 25:9 75:14 77:8 led 105:18 litigation 1:4 5:6 1 Instances 26:22 13:10,1114:18,22 77:24 92:20 LEE 115:7116:5 24:2,7117:3 | Institute 11:14 15:1,2,3,5,10,13,16 know 9:2 19:4 22:8 Lehnert 1:12 5:4 litigations 10:10 8 intention 110:9 16:17 17:8,21 18:4 24:1425:2226:6 8:12,18,249:1,2,16 little 27:12 47:23 1 Interested 68:13,17 18:11 19:1,520:24 26:1828:930:8 11:8 17:19 18:16 84:15 87:1 108:2 | 116:17 21:4,8,9 24:25 42:2343*2546:14 20:1321:624:12 111:8 inter-regional 58:11 25:19,23 26:3,7,12 62:14 63:2564:9 25:2,1527:128:15 live 9:18,19 introduced 85:2 97:2 26:23 28:24 29:1 65:7 66:10,15,18 30:1733:438:3 lived 9:25 invent 108:7109:11 29:12,18,23 31:7,9 67:13 68:5,12 40:941342:10 Lizars 61:23 62:22 800-333-2082 Reported By; Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padflc, et al. C. William Lehnert 10/3/2001 Page 7 63:1,5 66:19,20,22 87:9 80:20 81:3,8 Milwaukee 3:5 Mullins 2:7 L LLC5:7 man 104:11 110:25112:18 mind 95:1 100:3 Myers 1:165:5 9:20 1 LLP 3:7,16 management 66:14 marketed 76:15 minute 43:5 9:25 E location 1:15 63:17 66:17 67:9,17,24 80:1098:21 109:12 minutes 103:12 Mystic 9:19 I long 12:2 14:8 16:22 manager 11:516:21 111:15,19 113:2,6 Mirablto 3:20 M-Y-S-T-I-C 9:19 105:19 106:5 17:1,1820:9 marketing 64:12 misstatement 82:8 longer 18:1142:16 manufacture 45:8 76:13110:12111:6 mistake 41:5,8 82:11 N 92:23 47:7 49:19,24 50:7 marketplace 101:22 mix 15:1,2,6,10,13 N4:12 look 84:7,25 86:10 50:13 69:1174:5 Massachusetts 3:13 27:7 30:25 31:21 nail 13:3 31:12 34:14 87:1093:8 95:9 74:23 99:8 107:16 material 34:14 95:5 32:8,18,18 33:3,5,7 50:22 96:1797:3,4,19 107:21111:13 95:5 33:15,19,21,23 name 5:1 8:25 15:7 looked 92:6 94:25 manufactured 18:11 Materials 27:8 34:4,4,5,11,17,21 17:2 60:24 70:13 looking 44:3 56:24 25:5 30:19 31:16 matter 110:6 35:1,5,8,14,18 72:6,10 73:4,13,24 68:7,13 88:20 32:3,13,23 33:8,15 matters9:13 10:15 36:16,17,1937:3,9 73:25,25 74:3,10 looks 85:6 35:2,8 37:3,9 38:16 10:1723:9 37:19,24,25,25 74:11,11,17,18,18 Loop 4:8 38:2139:2 41:15 may 6:11,2012:4,5 38:6,15,21 39:2,9. 75:1,2,2 76:2 79:17 lost 36:7 41:16,2242:6,16 13:20 14:3 18:15 39:1940:141:6,10 83:4,6 105:25 lot 13:16 42:17,18,2143:1,4 23:6 28:22,25 41:12,1442:20 named 104:11 L.L.C 1:4 2:3 43:12,1344:1,16 33:10,16,2135:7 43:1244:9,10,15 105:24 I L.L.F 2:7 44:2046:1,10,11 35:13 37:8,16,20 50:11,14,16,17,20 names 5:10 69:21,22 | 46:16,18 47:448:5 38:1942:451:3,7 51:1,5,6,12,15,18 70:6,6,1271:3,4,13 I M 48:649:22 50:10 53:8,22 54:8 57:5 53:9,23 54:7,15 71:1472:3,473:1,1 g M4:12 51:2 52:18 53:5,9 57:16,23 61:18 56:25 57:4,14,17 73:10,10 75:8,9 | MacDonald 2:14 53:21 54:7,22 55:5 78:10 83:3 84:17 57:19,23 58:4 76:4 name's 100:25 n made 24:24 37:19 55:20 56:9,12 57:4 86:1593:16 96:10 76:14,22 77:3 78:7 NationsBank 2:19 g 38:2,8,24 41:5,10 57:13,15,17,20 102:1,2 78:11,13,14,15,17 needs 22:18 43:6,22 49:17 74:20 75:10 81:2 maybe 30:9 36:22 78:25 84:13,13 negotiated 68:2 51:19 52:1769:23 81:20 87:14,15,18 56:2 84:14 93:23 85:2,9 87:495:11 negotiating 103:22 72:5,16 73:2,11 88:196:4 98:18,19 McLean 4:12 95:12,18,2596:6 neighborhood 92:16 75:4 76:16 77:4,13 101:16102:6 mean 22:10,17 38:3 96:18,22,2598:23 Nelson 2:7 78:6,16,24 81:11 106:24107:19 41:944:10 51:9 98:25 112:14 never 16:24100:3 81:24 82:5,25 83:4 108:22109:1 56:8 60:3 65:22 mixed 15:7 44:11,25 102:13,23,25 103:1 83:15,22 84:7,14 111:18113:25 67:13 72:1778:18 45:1 47:15 52:1 103:3,5,6,9 111:14 85:16,24,24 86:12 114:3 80:1781:6,23 89:6 77:1,7 new 14:22 29:15,17 86:15,17 87:12 manufacturing 110:6,7 moment 112:22 31:1634:2535:2 88:9,11,13,16,18 53:16 100:4 means 27:22 28:20 Montana 111:23 51:22 52:23 53:7 88:24,25 89:11,14 ManvDle 26:1,10,21 meant 112:13 months 80:12 96:5,8 53:21 54:3,6 58:12 95:25 98:17 100:6 28:10,13 68^21 meeting 40:16 more 13:18 17:2 80:2 87:9,10 95:10 100:10 106:13 85:13 105:13 meetings 103:9,13 26:23 41:4 56:3 95:18 96:197:11 108:18 many 56:15 93:5 memorized 84:10 78:18 90:192:17 next 29:24 38:13 Madison 1:2 7:25 96:22 Memphis 80:25 81:2 111:8 46:22 49:25 82:22 main 50:25 101:19 March 33:24 37:17 81:8 morning 8:24 9:4 96:5,8 maintain 11:1 37:18,20,21,21 mention 75:19,20 most 31:8 95:18,25 nice 8:14 maintained 20:15 38:19 39:10,10 mentioned 7:23 48:2 96:697:1598:19 nine 96:5,8 major 2:18 5:16,16 45:4 49:1651:11 89:2592:594:7 Move 112:2 non 30:23 49:14,16 11:19 52:7,23 56:17,20 merger 68:2 moved 110:5 49:19 make 6:2121:6 57:23 metal 44:14 moving 37:2 38:13 normal 8:16 60:12 22:2023:14,14 Marietta 29:24 30:1 Miami 2:12 45:1946:2049:14 North 2:19 24:1042:19 46:6 30:8 32:1438:14 Midwest 29:23 49:25 51:22 52:4 northeastern 29:18 47:2349:3 52:11 38:16,21 57:12,12 might 38:6,7 39:15 52:22 53:754:13 Notary 1:19 115:18 53:154:14 55:11 57:17,22 94:9 98:13 56:16 58:11 note 94:7 95:12 70:3,16,25 71:8,25 Mark 2:24 3:21 6:5 Milford 30:5,7 32:24 Mt 3:15 5:22 97:10 72:9,22 73:5,14,21 marked 18:17 59:6 38:2539:2,2040:2 much 16:24 34:8 notes36:20116:11 74:1495:1199:4 93:25 41:6,1542:20 58:3 60:19 83:10 85:19 notice 6:22 79:22 I 105:23 market 15:14 62:11 94:8 99:23,23 100:15 noticed 6:23 22:21 | maldng 25:9 87:4,5,8 76:877:478:12 Mills 3:15 5:22 102:11112:8 number 8:111:7 | 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 8 22:9 80:12 90:24 16:4,1032 17:24 87:9,24 90:192:15 98:9 91:25 94:22 96:25 18:10,23 19:2,8,16 93:18 97:2,23,24 over 8:16 50:22 54:5 percentage-wise numbered 91:2 93:8 20:5,724:1,16 98:8,1399:3 55:11 109:10 33:12 N.E 2:9 3:9,17 25:11,19 26:12 105:18 108:1,1 Overall 28:16 perform 34:22 N.W3:13 27:6,12,19 28:4,15 ones 34:20 53:13 overlapping 96:13 period 18:3 36:19 28:2129:7,14,19 72:1896:1698:18 own 94:1 47:8 57:962:23 O 30:1131:1,5,14 only 21:1 25:16 O'Connell 4:11 64:10,24 65:4,17 OATH 115:4 object 8:11 23:8 32:19 33:4,1934:3 34:1035:1234 26:15 34:23 36:16 38:433 42:944:15 P 67:24 69:9,1370:2 I 71:5,7,1534 72:12 48:11,22 53:25 36:1238:3,1030 57:13 70:13 73:4 P2:18 72:21 74:22 75:7 89:4114:11 38:25 39:2440:4,9 73:13 80:10,12,25 packaging 77:24 78:3,5 81:25 93:17 objection 8:4,4 19:11 40:15 41:8,14,19 81:4,5,7,16,18 page 4:19,2032 27:7 93:21 22:16,18 54:10 42:8,1935 43:5,11 82:14,14,17 85:23 34:2538:13 80:1 periods 35:5 81:8 61:5,13 62:2,10 43:1544:3,9,13,15 88:4 93:16 98:18 80:2190:17 93:9 perjury 117:22 63:24 64:5,6,14 44:1945:3,19 109:4 94:14,213495:10 permitted 100:5 65:14,20 66:2,13 46:2147:3 49:11 opened 108:11 109:3 pages 4:18,19,20,23 person 34:10,1731 66:23 67:4,11,12 49:2550:1051:1 110:9 60:692:7 93:5,11 personally 40:16 1 67:20,21 68:4,9 51:10,15 52:7 53:7 operation 34:7 50:22 Page/Line 117:4 115:10 1 69:2 82:9 86:5,19 53:14,20 54:18 operations 31:10 pall 15:8 44:14,14 Phillip 26:1,1131 I 89:491:18 92:3 55:4,1056:4,11,13 opportunity 18:20 palls 33:25 44:16 27:1033 36:1,6 I 99:19,25 108:9,10 56:1658:3,1931 opposed 95:5 Palm 3:22 84:23 85:12 90:13 g 109:13 110:2 111:2 59:10,1731 60:18 Orange 2:19 Paoli 63:13,19 64:21 91:16 95:19 99:24 1 111:21 60:23 61:1634 Oregon 20:6,7 paper 92:13 105:13 objections 6:19 8:6,7 62:6,14,16,19 64:2 original 109:22 Parnell 3:7 phrased 113:7 21:2234 22:21 64:9,19 65:7,10,12 113:18 part 11:3 16:2 29:13 Pitcher 4:15 5:1 23:3,10,13,14 65:1766:53,17 originally 12:9 19:21 30:23,9 31:8 69:12 Pitt 11:16 24:10 68:2,12,1935 69:9 83:3 112:24 place 58:17 88:4 obviously 49:22 69:1835 70:2,15 Orlando 2:20 particular 10:23 places 88:9 82:14 84:10 71:3,13,173034 other 9:5 10:12,17 15:2419:9 22:8 plaintiffs 1:5 2:2 Ocala 43 occasions 99:2 72:3,8,12,20,2235 73:9,143134 20:2334 23:7,10 26:1828:440:20 26:22 27:4 30:9 41:2347:25 85:25 5:17,18 6:23 7:731 19:1459:9 occur 14:14 74:10,13,1732 44:1945:8,14 46:6 85:2586:11,12 plant 29:8,11,14,15 occurred 111:6 October 1:13 5:2 75:1,6,12,183234 76:3,1077:10,16 47:7,1849:19 50:7 97:2 50:852:1153:130 parties 116:14,15 29:17,19,203032 29:24,25 30:1,4,5,6 37:8 45:24 54:3 77:21,24 78:2,5 55:20 58:166:19 paste 44:13 30:19 31:1632:4 57:4 81:24 82:6 79:3,6 80:1331 68:6,6,13,16 69:7 paste-type 15:7 32:1434 33:6,6,6,8 85:6115:14116:19 82:13,17 83:932 72:6,15,17,18 patching 70:16,1731 34:25 35:2 38:14 I Odom 3:16 5:22,22 84:6,13 86:987:15 73:24 74:10,17 73:15,19 106:8 38:16,2139:141:6 1 01713:24 21:11,13,15 87:18 88:4,834 75:1,6,8 76:14,15 patent 10:25 108:7 43:21,2434 46:9 i 40:22 48:24 58:24 89:25 90:1092:5 76:2235 77:4 108:24 109:11,19 47:4 51^32 52:23 g 79:8,10 80:20 94:1 92:21,24 93:1,15 78:13,14,1535 109:22110:11 53:83 1 54:3,6,13 g 94:2 100:16,18 94:13,19 953,934 81:1033 83:1532 1113,10113:13 55:1256:17 57:3 g 102:16 108:16 97:18 98:7,12,16 84:13 87:183032 patented 113:1 57:12,13,1832 1 114:18 99:1032 100:2,13 88:1,9,183235 patents 111:6,17 58:3 80:2,3 81:11 1 officer 61:22 62:21 107:15 109:7,15 89:18 90:5,891:25 Peachtree 2:9 3:9,17 81:2482:5,18 g 62:24 63:3 102:13 111:24112:1730 98:2099:4 106:22 penalties 117:22 85:20,2035 86:16 102:23,25 103:13 113:22114:14 107:3 108:1832 Pennsylvania 63:9 88:63289:10,15 official 115:13 old 9:16 111:14113:6 63:13 91:6 94:83 95:10 oh 36:15 39:22 42:4 omitted 41:2334 others 18:5 75:18 people 16:12 65:24 97:2335 98:8,13 43:14 52:15 55:3 one 3:217:12 8:4 otherwise 52:20 66:5,10,15,17 99:4331,12 72:19 75:24 78:14 10:23 2634 29:7 ourself72:13 67:16,17,19 plants 29:4 30:11,12 93:10 33:1434:2046:22 . out 7:22 23:5 32:9,19 percent 33:14,14 30:1445:8,14,18 okay 9:2,1110:3 56:3 59:2469:734 41:482:18 86:11 89:24 91:1432 46:6,14,1647:7 11:1,183112:8,16 70:23 75:1930,23 90:18 97:24 100:11 percentage 43:25 49:19 50:752:11 13:614:1,8,11,14 76:178:1882:15 1043 109:15 89:2290:7 52:1453:1,4,15 14:173115:21 83:333,14,19 84:7 outside 48:22 86:20 percentages 89:19 58:859:1168:16 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et aL C. William Lehnert 10/3/2001 Page 9 83:22 84:1,3 85:1 primary 84:23 86:12 89:3,790:1 10:20 40:19,21 recognize24:17 28:5 85:17 86:11,15 101:13 92:1,1095:18,25 41:4 43:16 79:19 recollection 53:19 88:1,16,18,25 printed 95:4 96:3,6^2 98:22 82:4 85:15 107:34 record 5:11 6:14 1 98:21 99:14 prior 9:1120:2 99:18 101:16 102:6 107:1144 109:4 8:14 21:11,14,15 plaster 48:4 71:21 76:13 77:3,18 78:8 102:14,24 103:19 113:7 21:16,1922:11,25 107:12,12,16,19,22 78:9,1184:20 104:7,13 105:12,19 quickly 25:4 23:8,12 40:2245 plasters 48:6,9,18 95:25 105:21 106:5 108:7 quite 76:19 78:19 4240 48:24 5844 49:3,1270:16,18 pro 24:5 . 108:1943 109:11 84:12 594 79:10,13 70:2171:9,15 procedure 22:7 111:7,19 quote 101:11 100:1841 108:16 73:15,19 74:6 100:4 program 11:13 112:344114:18 106:8 proceed 24:9 109:6 prosecuted 111:17 _______ R. . 116:11 plastic 44:14 v produced 93:4 provide 21:2123:2 R 3:12 4:4 records 7:16 60:11 Plaza 2:8,24 3:8 105:25 64:11 raised 47:23 60:15 88:4 please 5:12 8:259:7 product 7:4 11:5 provided 10:12 Randall 2:3 5:17 record's 23:18 24:14 58:18 59:7 13:17 15:8 16:14 Public 1:19 115:18 Randy 8:3 10543 75:12 79:9 100:17 16:15 17:1,21 pulled 80:19 ranges 31:2 33:12 refer 83:18 1 Plotner2:23 6:1,1 18:12 19:1 27:1 purchased 99:23,24 rated 16:13 reference 43:6 90:17 1 8:3,6 108:13 28:24 31:15 35:1 105:12 rather 42:17 94:8 referring 22:5 | point 23:5 25:11 37:3 38:2439:1 purchaser 69:1 Raw 27:8 regarding 7:10 41:5 g 43:449:2 85:24 40:1041:23,25 purchasing 68:17 Rawson 61:23 62:22 51:11110:15 H Pointe 1:16 4:4 5:5 44:4,8 47:20 50:10 purpose 13:1430:23 63:1,5 66:22 region 9744 9844 f pointed 7:22 41:4 50:1451:23 52:1 31:6,932:744:4,5 re 22:21 24:2,6 117:3 99:1,3,4 I Pointing 24:16 34:24 54:19 57:13 58:12 45:3,854:18,22,24 read 117:22 regions 58:8 I polystyrene 30:24 . 58:12,13 71:17 54:25 55:1,2,3,5,13 ready 15:1,2,6,10,13 regular 20:15 | 50:1,4,7 98:17,19 75:14,15 78:2 55:20 56:6,9,11,14 27:7 30:25 31:21 reinforcing 70:3 Polytechnic 11:14 80:168t:10,20 80:23 81:7,10 32:8,18 33:3,5,7,15 73:6 position 16:23,24 83:2,11,14 84:3 pursuant 6:22 21:21 33:19,21,23 34:4,4 related 10:14 17:523:8,16 85:24 86:2,15,17 224 110:14 34:5,10,1741 35:1 relates 25:16 104:21 87:23,24 88:9 put 6:13 21:7 22:25 35:5,8,14,18 36:16 relating 9:13 positions 17:19 89:10,1491:11 53:17 76:7 89:18 37:3,9,1944,2445 relationship 7:10 possibilities 106:15 96:16 97:23 98:6 91:24 93:24 95:1 38:6,15,21 39:2,9 relative 116:13,15 possible 23:6 25:8 98:13 99:2,5,8 113:14 39:19 40:141:6,10 relevance 22:21 86:5 86:18 100:6,10105:24 putting 23:12 92:5 41:12,14 42:20 91:18 92:3 99:25 possibly 22:20 106:11,23 107:12 P.A2:18 43:1244:9,10,10 relevancy 19:11 powdered 44:23 108:7,24 109:11,16 P.C 4:3 44:15 50:11,14,16 relying 95:3 46:24 109:19111:14,14 p.m 1:14 41:1 58:25 50:1740 51:1,5,6 remember 25:8 65:6 pre 52:1 78:7,17 113:1 59:3 79:11,14 51:12,15,18 53:9 69414470:11,14 precede 6:15 products 7:2 9:14 100:19,22 114:18 53:23 54:7,15 85:17 864,8 97:25 g precise 78:11 10:2011:23 12:3 114:20 56:25 57:3,22 58:4 10440105:20 premized 77:17 12:2013:1,7,15 76:4,1441 774 106:6 78:25 14:19,23,25 15:16 ._______O...._____ 78:10,13,14,15,25 rephrase 544 55:9 preparation 20:20 16:2,4,10,16 17:6 quantity 100:9 84:13,13 854,9 89:9 93:23 11340 prepare 24:19 17:22,24 18:1,4,9 question 8:9 21:23 87:4 95:11,12,18 replaced 93:17 prepared 59:17 25:5,1629:430:18 22:1723:436:3,8 95:2596:6,1842 report 64:23 6642 present 4:14 13:19 30:22 31:3,16,19 39:2548:15,17 96:2598:2345 116:8 president 17:17 31:25 32:3,6,10,13 .. 54:2 55:9,23 61:6 realize 42:14 reported 654,7 61:21 62:20,24 32:17,20,23 33:2 62:3 65:23 76:20 really 102:8 112:15 10442 63:3 34:140:1243:23 77:8,9 8543 86:10 reason 80:11 83:2 reporter 5:9 6:11 g presumably 46:18 43:2544:1947:13 87:1 89:593:23 recall 40:15 43:9 REPORTER'S I pretty 83:10 85:19 47:1459:14,16 96:19,22 97:6,22 66:568:19,2170:6 116:1 102:11 60:24 62:1163:22 97:25 105:18 106:3 71:3,13 72:3,14 reporting 65:5 previous 15:5 64:3,6 69:12,15 109:16112:4,5,6 73:1,945 74:11,18 represent 5:12,13 previously 15:4 70:7,971:1472:13 112:16^3,25 113:3 75:2,8 94 47:11 64:19 76:3 72:15 75:6,9 78:18 113:6,11,12,18,20 receive 38:11 represents 244243 76:21 79:20 79:1,1,2 80:14,23 questioning 7:9 Recess 4044 59:1 request9:8 37:17 primarily 9:12 84:14 85:16,20 questions 9:4,6,12 79:12 38:4,1040:6,742:9 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherton Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, ct al. C. William Lehnert 10/3/2001 Pago 10 43:7 102:3 Robert 2:18 5:16 74:23 98:9 sheetrock 16:13 94:1495:1422 requested38:9 Roebuck 4:2 6:8 sense 100:9 Sherie5:9 96:25 97:1198:16 116:10 role 11:2 sent 82:19 98:13,24 Sheryl 1:19 115:18 106:15,18 107:11 required 34:6 Romance 3:21 6:5,5 99:3 116:721 107:19 requirements 29:23 Royster 2:23 separate 60:25 61:4 ship 98:20 something 38:8 30:2 rule 22:8 61:12,1620 shipments 37:19 47:1151:23 92:22 research 10:22 14:15 rules 21:21 22:3,4,6 separation 103:1823 78:10 82:15 94:11,12 98:23 15:12 16:21 17:6 22:13,1423:1 September 33:10,16 shipped 81:20 9723 99:5 110:3 113:15 59:19 102:22 run 67:9 33:20,24 35:20,21 99:1 sometime 16:25 reservation 23:3 running 67:14 36:4,14,2324 51:3 short 40:21 93:17 sometimes 8523 reserved 8:9 21:23 22:1723:10 51:785:9,1195:17 shortage 99:5 86:1 98224 S 95:172196:1,1,9 shortages 99:7 somewhere 92:16 reserving 23:13 S 2:14 3:8 97:16 show 59:5 88:5 90:16 sorry 20:6 42:18 Resin 80:4,9,13 Sales 62:7,9,19 63:3 series 85:15108:2 shows91:ll,16 54:5 76:19 102:16 resistant 10:24 40:6 63:8,22 64:4,11 serve 98:8 Shuttleworth 12:15 South 3:22 42:9 43:8 66:7fi 102:3 103:2 served 97:24 12:1714:5 17:12 southeastern 30:2 Resort 1:15 5:5 104:8 Service 11:6 64:2123 104:12,15 southwest58:14 respect 94:7,9 same 34:13,18 43:13 serviced 58:9 104:22241052 southwestern 29:13 responsibilities 54:1055:12 62:23 Services 17:1 111:11 special 37:17,18 38:4 101:20 63:9,1266:2 67:9 set 18:16 21:4 3023 side 79:22 38:6,1140:6,742:8 responsibility 13:9 67:19 83:10 86:17 31:6,9 32:9,19 significance 80:9 42:943:7,7,8,11 15:9,11101:13 102:11 46:202247:3,7 81:1,1894:23 specialized 11:13 102:1 sand 50:24 82:2325 83:5,10 silence 21:24 22:12 specific 38:10 responsible 17:5 Sanders 4:8 6:10,10 83:14,18,20,2225 Simmons 1:4 2:3 5:7 speculation 86:19 result 50:24 sands 34:7 84:7 86:1187:8,13 7:24 22:22 24:3,7 Speed 30:23 31:62 retire 9:23 10:3 Sanlbel 1:15 5:4 8721,2490:12,19 since 10:12 19:25 46:2022 47:3,7 retired 9:2111:2,4 saying 42:14 55:18 91:6 100:11 34:8 88:20 82:2325 83:4,10 retirement 10:1,5 56:13 85:24 Seventy-three 9:17 sir 2324 44:3 45:19 83:14,18,1820,22 review 18:20 20:19 says 22:9 27:7,12 several 20:23 25:7 482 54:2 56:10 83:25 84:7 87:8,13 20:22 21:1A6 96:11 SG21:9 59:7109:9 8721,24 90:12,19 24:23 27:130:17 Scapa 3:6 5:21 SGP 9024 91:1 sit40:15 70:22 7225 91:5 I 31:14 32:2,12,22 Scarborough 2:7 94:22 sitting 84:11 spray 47:16 1 34:2537:238:14 Science 11:19 SG-2 96:21 slightly 93:12 spun 1324 | 39:140:9116:9 scope 6:25 48:12,23 SG-210 72,4 9:13 small 14:15 102:21 stand 11224 8 reviewed 59:24 seal 115:13 21:925:127:13,16 sold 15:8 47:1 69:23 stands 112:24 g reviewing 20:18 25:2 Seaport 9:19 28:123 33:25 34:2 72:5,16 73:3,11 start 5:14 6:19 54:5 g revision 93:12 Sears 4:2 6:8 35:173625,25 74:120 75:4,10 55:11 109:9 I Rlchman3;20 seats 79:9100:17 38:139:9 40:8 76:1777:5,13 78:6 started 53:16 6023 8 ridges 47:23 second 7:3 21:12 41:1045:5 46:1,15 78:1681:7113:25 61:1120 69:10 g right 5:14,15 10:11 29:14 34:24 37:25 46:17,1947:5 114:3 76:12101:2425 g 20:18 4020 43:16 37:25 54:14 80:1 49:12,1723 50:5 some 6:219:4,5,6 starting 84:14 95:21 1 55:22 83:13 84:4,8 94:2095:10 51:4,9,16 52:8,19 10:1123 11:6,12 state 120 5:10 8:6,7 g 85:1086:25 87:4 see 11:12 18:18 522453:1023 11:1616:12 18:3 8:2421:192321 89:9,12,18,20 27:13 28:1736:15 542,23 55:6,15 20:2425:9 36:17 23:23 24:6 115:6 90:11,12,16,25 91:2,5,7,8.10,14 84:25 86:9,25 8723 89:9 90:15 56:7,1821 57:52 57:18202458:6 36:1922,2525 37:13,18 38:5,7 115:18 116:4 stated 2125 22:18 93:22 96:5,12,15 92:15 94:15,19 59:12,16 81:7,12 40:121 42:847:17 statement 23:5 9620 97:1,22 96:102097:9 82:1,16,19 84:321 47:1848:9,1920 statements 6:21 100:14 102:21 104:20 852,5 86:13,16,18 48:2121 492 States 29:13,18 30:3 106:17,19107:13 seeking 69:1 8622 872,6 88:5 51:1555:2056:11 30:10 111:9112:25 seen 7:19 882123 89:12,15 56:19,23 57:19 stenographic 116:11 right-hand 79:22 selected 19:9 21:1 89:1991:1195:15 65:1866:1067:23 stenographically Riley 2:7 sell 63:21 64:3 69:11 95:2296:2,697:2 68:162076:12 116:8 River 2:5 69:1570:3,16,17 97:11,16,19 78:1,10 79:19 stick 95:4 RMR 1:19115:18 71:1,82572^22 Shea 3:12101:1 80:12,18 82:4 still 14:12.18 17:14 | 116:7,21 73:5,14,2174:5,14 SHEET 117:1 85:1389:1925 42:1143:4,12 I 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherton Deposition Services (704)333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et at C. WUllam Lehnert 10/3/2001 Page 11 45:19 69:19 101:11 19:121:4 98:21 106:18 84:2093:17,21 97:9,12 1 stlpnlate 8:3 S.E4:8 texturing 75:17 99:2 100:19,21 trying 36:10 stipulated 22:1,1,13 stipulations 6:18 T Thank 24:15 43:15 102:12 114:17 58:20,23 60:18 timeframe 37:10 tube 52:22 turn 80:1 stop 112:21 take 22:14 58:18 79:794:20 100:14 60:5,9 70:12 108:6 Twain 2:24 straighten 109:15 79:21 98:17110:19 107:2110:17112:7 times 17:21 33:7 two 37:1923 45:18 Street 2:9 3:9,17 taken 1:17 6:22 Thankfully 103:17 58:16 68:2192:14,1521 strictly 81:21 21:2022:2 23:2 Thanks 112:8 title 11:6,25 14:12 92:21,24 strike 36:3 112:2 40:24 59:179:12 their 26:7 27:20 63:8 16:19,20,25 17:16 type 17:377:17 113:25 talk 53:14 72:21 themselves 97:20 today 9:8,12 12:17 84:21 90:1 106:22 stud 51:25 talked 72:18 75:7 thing 89:18 40:15 70:22 72:25 111:13 studs 52:3,3 106:15 things 43:8 79:20 79:2084:1193:4 typed 95:4 stuttering 56:2 talking 33:20 40:16 106:19 106:14 107:11 types 10:8,17 23:10 E subject 11:18 117:22 47:8 92:18 think 16:20 22:12,15 114:13 72:15,1775:8 90:5 1 subsequently 12:12 talks 95:11 22:2223:17,18 Today's 5:2 typical 98:4 | substance 117:23 tape 13:2 34:12 45:18 51:19 54:4 together 21:7 91:24 typically 97:24 I succinctly 25:4 suggest 40:21 79:14 taping 31:10 34:7 55:24 57:15 61:1 92:5 93:24 76:12 86:2092:6 told 41:21106:13 V Suite 2:8,12,15,24 40:750:22 75:16 94:13 96:24 97:5 Tomlin 2:11 ultimately 672 8 3:17,21 Tech 11:15 97:17100:13 top 28:15 67:16,17 111:18 g summarize 93:21 technical 10:12,21 101:18 105:24 67:17 under 20:11 23:1,2 1 summary 79:22 11:3,517:1 106:11,22107:1 topping 31:20 32:7 27:759:18 80:22 | summers 11:16 tell 9:7 10:8 11:21 108:1 111:24112:3 33:23 34:4,5,17,21 81:1482:22 84:1 Suntru$t3:8 28:1929:1047:13 113:10 37:19 40:5 50:14 89:1097:1098:12 supervisor 64:20 51:2493:5 101:19 thinking 56:13 50:172051:11,15 100:7117:22 104:12,14,16,18,25 102:19 third 1:17:9,25 52:22,2453:1,5 undersigned 115:9 105:2 tells 97:5 29:19 54:15,15 56:21,23 understand 19:13 supplied 25:22 26:6 tender 25:12 though 83:9108:11 56:24,25 57:1 72:9 22:1320 36:10 26:23 27:3,9,15,23 term 47:12 109:12 thought 82:4 74:24 75:3 41:9 60:17 65:22 282,13 29:11,12 terms 31:7,8 95:3 three 63:6 92:24 Torrcs3:16 68:16 76:19 77:8 29:16,17 30:7 99:16100:2 103:7 107:5 total 93:21 78:192123 83:19 | 35:24 testified 10:10,11,25 through 7:17 25:7 track 101:15 95:12 96:19 97:10 | supplier 26:15 99:17 42:847:11 64:20 63:22 64:3,10 trade 69:21 70:6 108:10112:15 | suppliers 26:18 76:3,21 97:10 68:1569:1085:19 71:3,14 72:3 73:1 113:21 I supply 29:21,25 30:6 104:11105:7 88:14,20 93:24 73:10,25 74:11,18 understanding 19:8 D suppose 36:21 112:11 105:19 106:5,24 75:2,9 21:2022:25 | supposed 98:8 testify. 112:17 107:10,19 111:14 training 11:13 understood 95:11 B sure 39:15 42:19 testimony 41:5 throughout 12:5 transcript 116:10,10 Union 2:821 3:2 6:2 | 43:2045:1746:13 101:10 102:11 117:2 6:3 7:1,4,69:13 B 49:23 51:21 54:16 Texas 27:7 29:8,11 Tigard 20:3,6,7 transferred 104:21 22:24 25:1,6,1620 B 54:17 55:1158:15 30:1933:6,8,16 tile 16:14,14 tremolite 112:1 26:4,13,1527:17 B 70:9,24 71:23 43:24 45:15 46:1 till 23:1154:21 Trevor 3:3 6:322:24 28223 29:1 30:20 B 73:19,20 78:11 47:4 50:8 51:2 time 1:14 5:3 7:20 79:18 31:2,1723 32:4,10 B 83:16,17 88:15 52:19 58:14 80:22 10:19,1912:514:1 trial 21:23 23:11 32:142024 33:9 | 90:14 94:18 95:1 81:15,24 82:5,18 14:6 16:2118:3,10 37:18 33:12,17,22 352,6 95:11 105:23 106:4 82:22 83:23 85:8 19:2021:14,17,25 trials 10:11 35:9,10,1436:16 106:19 107:18 85:11 87:5 88:2,6,9 23:1133:20 35:5 tried 86:10,20 37:4,7,1038:1522 surface 47:19 88:2291:699:12 ` 36:20 39:540:23 Triple 30:23 31:6,9 39:32140:2,13.16 Swansea 4:5 texture 17:24 24:25 41:143:13,15 47:8 45:20,20,25 46:6 41:154221 46:1 swear 6:12,20 30:24,25 47:12,20 49:2 56:3 57:9 75:13,14 81:14*23 47:449:17 50:4 switch 72:20 79:9 47:2549:15,1620 58:22,25 59:3 82:5,17,19 88:8,12 52:8 5323 54:923 100:17 50:1,4,8 98:18,19 60:24 61:19,20,24 88:2124 55:15 56:6,12,18 sworn 6:17 8:12,20 textured 47:13,19 62:23 64:10,24 true 2:14 20:14 56:21 57:5,9,1824 115:11 textures 16:1731:6 65:4,1767:24 59:2160:2,3 89:2 58:5 79:18 81:6,11 | system 12:21,2413:1 31:1147:1471:1,4 6824 69:4 78:3,19 116:1111722 82:1,6,18 83:15 | 13:8,10,1118:4,11 73:22 74:198:20 79:11,14 81:8,25 try 55:22 56:3 93:20 84:220 85:25 | 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 I Asbestos Litigation Filed The Simmons Firm vs GA-Fadfic, et al. C. WUIiam Lehnert 10/3/2001 Page 12 86:13,16,17 87:6 79:8 100:16114:16 68:1670:13 74:3 white 105:15 38:18 84:6107:16 87:10 88:5,11 videographer4:15 75:17 80:18 83:16 whole 102:12 105:19 Yes^rir 45:12 89:1195:2299:23 5:1,2,13 6:11 7:23 83:1990:12,16 wide 92:23 York 29:15,1731:16 United 29:13,18 30:2 21:13,16 40:22,25 92:14,20 96:21 William 1:12 2:4 5:4 34:2535:251:22 30:10 58:24 59:2 79:10 97:5 98:17102:8 5:18 8:18 9:1 52:23 53:7,21 54:3 unless 66:14 72:10 79:13 100:18,21 109:3,15 114:17 115:10 54:658:13 80:2 1 unswear 8:15 114:16 went 11:15,15 25:7 116:9117:24 87:9,10 95:10,18 I until 12:4,5 17:12 Virginia 2:11 6:6 70:1277:3 82:15 Wilson 17:13,14 96:197:11 | 21:23 39:10 41:19 42:5 43:145:5 11:14,15 30:5 32:2438:25 39:3 85:19 102:4 105:6 Wlnderweedle2:18 106:5111:14 Wisconsin 3:4,5 9| 46:3 56:557:5 39:2041:6,15 were 7:5,13,20 9:11 withdraw 112:5,6 0017274 94:22 58:5 68:24 84:17 42:20 58:3 94:8 11:12112:2,6 13:6 113:11 001838890:25 91:1 85:9,1195:1796:9 virtually 35:10,20 14:1,8,18,22 15:5,6 withdrew 113:6 97:16102:18 109:6 36:5,21,22 96:11 15:24 16:10 17:5 witness 6:12,17 7:18 ..........._J.............. unnsual 98:5 visitors 69:7 17:2019:1320 8:1919:1342:3 141:25 45:4 upper 67:9 Voelker 2:23 25:2526:9,1820 48:13,16,20 49:9 1st 37:17 usage 28:16 29:4 volume 89:23 92:13 26:2228:21 30:11 54:1155:24 61:6 1:18 79:11 32:20 94:2 99:16 30:1431:9,11,13 61:14 62:4,11 1:3179:14 nse 7:1 9:1321:9 voluntarily 9:8 32:6,1733:2 35:12 63:25 64:7,15 10th 33:24 31:7,8 32:1034:10 vs 1:6 117:3 36:7,821 37:6,12 65:15 66:3,14,24 10:49 1:145:3 34:15,17,21 86:22 99:18 109:23 W 37:1923 38:2,5 40:1,5 53:13 56:13 67:13,2268:10 69:3 82:10 86:20 1002:244:20 103 2:15,24 111:12 W2:15 59:9,17,18 62:20 89:699:20 115:13 1030 2:12 used 13:2,3 23:6 26:7 wallboard 13:2,4 64:15 65:17,1824 witnessed 111:5 1074:18 27:4,10,1728:23 16:12,1431:10 66:6,7,10,14 67:5 Wood 2:5 1084:19 29:131:9,1133:13 34:12,16 109:12,17 67:18 68:6,7,13,13 Woodman 2:18 11th 45:4 35:21 36:6,25 109:20,23,25 68:17,2072:15 word 56:2 11/7/72 49:15 38:1541:12 46:15 113:25 114:3,7,10 73:2,11 74:1,19 work 10:6,9,14 12:20 11:1321:14 46:17 47:20,21 walls 30:24 49:15 75:976:15,16 77:4 13:7 14:18 16:4,7 11:2821:17 50:21 51:2060:8 Walsh 4:12 5:23,23 77:4,1678:6,7,15 17:3 62:1763:17 11:59 40:23 74:3 75:15,17 want 5:10,14 6:13,20 78:16,182425 102:5 1104:20 84:21,22,24 94:4 21:23 22:11,15,25 79:1,2 82:15 85:16 workability 38:7 1124:19 95:19,22 97:6 23:14 37:13 60:22 86:21 87:4,5,8,9 worked 12:19 63:19 11503:17 ` 105:12 72:20,20 110:19,20 92:193:1125 96:4 65:24 66:11,21 12/16/7545:5 | using 27:6 85:5,8,12 113:14 96:222324 97:6 72:14 76:4 104:25 12:1441:1 I usual 98:4 wanted 7:18 21:19 97:22 98:72,16,18 105:3,8 107:17 12:40 58:25 1 usually 47:16,21 84:695:1196:15 101:4,10,20 102:6 working 14:16 60:23 12:5159:3 1 USX 2:17 5:16 96:2097:1,18 102:13,142324 93:25 94:2 101:25 123 4:23 93:10 1 Ward 2:18 103:1,2,6,7,12,23 102:22 1333 4:8 V Washington 3:13 104:4,18 106:19 wouldn't 25:8 39:16 13603:17 B I vague 64:667:4,12 101:2 111:16,17 112:12 39:1740:8 49:22 14002:8 B 67:21 69:2 wasn't 42:6 51:19 weren't 103:2225 WRITE 117:2 141119:19 1 Vandalia 2:15,24 60:25 104:3 106:19 written 28:16 80:24 15115:19 variations 100:5 water 10:24 13:16 West 2:24 3:22 81:15 15002:19 variety 76:18 77:6 15:744:11,2545:1 wet 44:7 wrote 35:22 81:16 15043:21 78:7,17,17 47:15 76:23 77:7 Weyerhauser 68:22 W.R 111:25 17th 50:3 various 59:11,14,15 wavelength 55:12 Venniculite 110:1 way 9:20 99:22 we're 21:13 22:13 23:13 33:2039:14 172601:165:5 X 184:23 110:12,16111:22 112:23113:15 40:22 55:11 5824 X 111:13 18th 57:16 114:9 weight 8922,24 79:10,13 111:21 Xboard 108:24 18003:13 Vernon 3:15 5:22 versus 5:7 99:23 91:14 Weil 3:20 114:18 we've 72:18 75:7 1939:10 Y 192997:12 very 60:19 93:16 welcome 58:21 93:4 Yeah 42:3 55:24 194511:12 100:14 112:8 well 9:6 20:24 23:1 whatsoever 104:7 95:796:9 108:1 195011:1715:18 vice 17:17 24:6 23:16,1924:10 while 79:8 86:16 years 11:7,1112:19 195111:22 12:5 video 1:12 5:3 8:14 36:2040:743:2 100:16 14:11,1716:8 60:23 61:2,9,19 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704)372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Facifk, et al. C. William Lehnert 69:9,13,19,23 70:3 96:9 97:16 254:8 70:11,15,25 71:5,7 197133:10,16,20 25th 37:21 71:11,15,24 72:5,8 51:3 57:16 83:1,4 2503:22 72:12 77:5,13,19 83:13 91:9 251-22222:5 77:21 101:4,13,23 197218:8 38:19 50:3 260-60803:18 105:8,20 106:1,12 52:7,23 54:21 27th 37:20 106:23 109:10 55:14 56:5,17,20 277-55004:5 110:24 113:24 57:23 29 28:21,22 35:13 114:2,9 197339:6,2042:22 36:2,4,13 91:9 1954102:2,4 50:4 52:8,23 54:22 29th 35:7 53:8,22 1955101:25 55:14 56:6,17,20 54:3,4,8 82:25 195612:4,6 13:20 58:4 83:1395:13 96:4 14:3,1015:17,19 197433:24 37:16,21 97:13,19 61:18,19,25 62:16 45:24 81:25 297-55363:5 62:19,23 63:2,6,11 197533:24 37:18,20 63:14,18,21 64:2 39:7,8,10,13,21 3 64:10,17,20,25 41:17,2042:1,5,22 31:13 65:25 66:11,20 43:157:1658:5 3M 3:19 6:5 67:6,8,1868:24 197637:18,21,22 3rd 5:2 69:10,13,19,23 45:2546:4,5 81:25 3.7533:14 70:3,11,15,25 71:5 197718:15 28:22,25 3/30/7447:3,9 71:7,11,15,24 72:5 72:8,12,21,22 73:3 33:11,16,21 35:7 30th 52:7,23 56:17 35:13 37:8 38:19 56:20 73:7,12,15,22 74:2 51:3 53:8,22 54:8 3002:1592:16 74:4,13,20,22 75:4 57:5,24 3012:4 75:7,25 77:5,6,13 198219:25 20:2 3033:9 77:19,22 78:5,16 19909:2410:545:4 30308-32433:9 78:20 101:9,14,23 102:4 103:19 303092:9 3:17 2 .................3.0..5..2..:.1.3. 105:20 106:12,23 279:14 328012:20 109:10 110:24 2.2591:22 33137-32512:12 113:24 114:2,9 2:00 100:19 33401-50163:22 1960 14:15,21 2:07100:22 339199:20 102:18,19 2:221:14 114:18,20 344784:9 1964 63:21 64:2,10 2039:8,2041:16,20 3524:9 64:17 42:2243:1 3902:19 196514:10 15:15,17 20th 37:16 39:7,10 15:19,22 16:19 39:10,13 41:11 4 62:20,24 63.2,6,11 42:1 50:3 57:16 433:16,21 35:13 63:14,15,18 64:20 58:5 4th 18:15 28:22,25 65:1,266:1,12,20 20011:135:2 115:14 33:10 35:7 37:8 67:6,8,18 68:3,6,25 116:19 38:19 51:3,7 53:8 72:21,2273:3,7,12 200363:13 53:22 54:8 57:5,23 73:16,2274:2,4,13 2004 115:19 40003:8 74:20,23 75:4,8,25 2023:14 4042:103:10,18 76:8,13,15 77:3,6 2139:2042:22 4072:20 78:5,8,9,11,16,22 21st 37:8 39:657:4 4143:5 84:14 58:4 434:19 196717:12 105:6 2174:12 438-98992:13 1969 28:2135:7,13 2233:16,20 47702:12 36:2,4,13 53:8,22 22nd 33:10 37:20 54:3,895:1496:4 45:2546:4 49:16 5 97:13,19 51:3,7 81:25 528:24 197035:21 36:14,23 23rd 37:18,21 5th 45:24 54:21 37:8 57:4 85:6 244:4,24 55:1456:5 81:25 87:5 95:18,21 96:1 246-86612:20 50102:17 51108:6109:4110:1 110:5 112:12,18 53202-53673:5 56102:9104:23,23 105:8 106:1 108:6 109:4 110:1,5 112:13,18 5613:23 6 638:1957:23 6th 115:13 116:19 6/21/7341:11 6/29/7147:3/9 604:19102:17 601234:13 614-74003:10 6182:5,164:5 620252:15,25 620952:5 622264:5 65 102:10,16 656-01842:16 6928:22 36:20 7 795:17 7RF-9 35:21,24 36:6 36:23 84:23 7RF02 28:5,12 '7RF09 27:8,9,22 91:1695:19 7036:496:1 7151:785:9,12 7349:16 732-22554:9 7437:1645:4 51:7 51:1182:6 741-46034:13 7541:11 7682:6 77 51:8,9 84:18 7773:4 794:20 8 84:18 51:11 8th 33:24 803-35003:23 817-62872:10 828-21773:14 8474:13 9 935:20 9/10/7551:12 9992:9 10/3/2001 Page 13 11 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 i? Circuit Court - Third Judicial Circuit - Madison County, IL All Asbestos Cases filed by The Simmons Firm, L.L.C. Video Deposition of C William Lehnert October 3,2001 Summarized by: Georgia Smith Attorneys Present: Plaintiffs, The Simmons Firm, L.L.C. - Randall A.Bono, William A. Kohlbum. Defendant Georgia-Pacific Corporation, Nelson, Mullins, Riley & Scarborough, L.L.P., by Julia Bennett Jagger; Johnson Tomlin & Johnson by Virginia Easley Johnson; Burroughs Hepler Broom MacDonald Hebrank & True by Jeffrey S. Hebrank. Defendant USX Corporation, Winderweedle, Haines, Ward and Woodman, P.A. by Robert P. Major. Defendants Union Carbide Corp. and Certain-Teed, Heyl Royster Voelker & Allen by Kent L. Plotner Defendant Union Carbide, Foley & Lardner by Trevor J. Will Defendant Scapa Dryer Fabrics, Hawkins & Parnell, LLP by S. Christopher Collier Defendant Certain-Teed, Shea and Gardner by Elizabeth R. Geise Defendant Mt. Vernon Mills, Inc., Kasowitz, Benson, Torres and Friedman, LLP by Jason C. Odom Defendant 3M Corporation, Richmann Greer Weil Brumbaugh Mirabito and Christensen by Mark A. Romance Defendants Sears Roebuck and Co. And Congoleum Corporation, Kurowski and Bailey, P.C. by By Ctirtis R. Bailey Defendant AcandS, Bice, Cole, Glenny, et al by Gary L. Sanders Defendant John Crane, Daniel J. O'Connell & Associates by James M. Walsh Others present: Videographer Joe Pitcher Court Reporter Sherie Akerley Defendant Georgia Pacific Exhibits: Composite A -123 pages offormulas (pg. 18) Composite B - Asbestos-containing formulas (pg. 24) Pages: Testimony: 5 Attorneys' names stated along with respective defendants being represented. 6 Ms. Jagger stating deposition taken pursuant to Notice by counsel for plaintiffs and cross noticed by. Ga. Pac. Corp. Limited in scope to 7 1, use ofUnion Carbide (hereinafter UC) SG-210 asbestos in Ga.-Pac. Products; 2, authentication of Ga.Pac. (hereinaafter "GP") product formulas containing UC SG-210 asbestos (provided to GP, Certain-Teed and UC counsel by plaintiffs counsel in advance ofdeposition;) and 3, limited , questioning regarding relationship between Bestwall Gypsum Co. And Certain-Teed Corporation. 1 Mr. Bono clarified that although formulas were given by plaintiffs counsel, they were the same formulas given to plaintiffs counsel by GP Counsel in discovery, from files and records ofGP, not being seen by attorneys here for first time, were distributed by plaintiffs counsel in advance of deposition. 8. No stipulation that an objection by one is an objection for all. Witness sworn. EXAMINATION BY MS. JAGGER 9. Charles William (Bill) Lehnert, speaking voluntarily at request ofGP Corp. Was aware questions primarily limited to use ofUC SG-210 asbestos in GP Products. Seventy-three years old, resides at 14111 Mystic Seaport way, Fort Myers, FL 33919. Retired since August of 1990. 10. Lived in Ft. Myers since retirement from GP Corp. Done consulting work for GP Testifying in some trials, provided other technical assistance when asked. Not all consulting work was related to asbestos matters. They call me about different products based on my background in technical aspects ofthe business. Have gone to the research laboratory and collated some documents for them, one case in particular being on water resistant gypsum board; also testified in a patent infringement case. 11. Was asked by GP to maintain consulting role because ofinvolvement in the technical part ofthe gypsum business for entire career. Was manager ofProduct Development Technical Service Dept. For some years. Got some college in 1945 in an Army specialized training program in Virginia Polytechnic Institute (now called Virginia Tech. Went to Grove City College, also to Pitt some summers, and graduated from Grove City in 1950 with a degree in chemical engineering. Employed by Certain-Teed Products Corporation in 1951 always as a 12 chemist until May of 1956. Boss at Certain-Teed originally Gilbert Hoggatt, then Clarence Shuttleworth, neither of them alive. During years at Certain-Teed worked with joint system compounds. 13. Joint system compounds are products that are used to tape and finish the joints on gypsum wallboard and to conceal the dimpled nail heads, and to cover the comer beads in gypsum wallboard construction. When employed by Certain-Teed was asked to assume the responsibility for formulation ofjoint system compounds. They did contain asbestos. The purpose for asbestos was because it would absorb a lot ofwater enabling the product to be handled and applied more easily. In May of 1956 became employed with Bestwall Gypsum Company, a spin-offofCertain-Teed. 14. Still a chemist; Mr Shuttleworth still my boss. I worked there from 1956 to 1965. In 1960 a small research group was formed -1 was the working group leader. Still doing work onjoint compound products. As group leader beginning in 1960 was involved in development ofnew joint compound products 15 Product was Ready Mix joint compound - differed from previous joint compounds in that they were dry and furnished in a bag and Ready mix was mixed with water - was a paste-type product sold in a pail and later in a carton. As leader of the research group I had responsibility for development of Bestwall Ready Mix joint compound. Believe it went on the market around 1965. Between 1956 and 2 1965 joint compound products ofBestwall contained asbestos. In 1965 was employed by GP Corporation 16 We became the Gypsum Division, which was part ofthe Building Products Division ofGP I always worked for the Gypsum Division. Products ofthe Gypsum Division were Gypsum wallboard (some people call it Sheetrock,) Firestop (a fire-rated gypsum wallboard product,) Tile Backer Board (a product ofGP. Other products were joint compounds and textures. Job title in 1965,1 think, was changed to Manager ofResearch. Position never changed - title changed sometime later to 17 Manager ofProduct Development and Technical Services. More of a name change than a change in the type of work. Was responsible for laboratory research on products including joint compounds. Boss at GP until 1967 was Clarence Shuttleworth, then Glen Wilson, no longer alive. He was Vice President ofthe Gypsum Division and General Manager of the Gypsum Division. In positions with Certain-Teed, Bestwall and GP, was at all times familiar with product formulas for joint compound products, including texture products 18 and acoustical products. There was a period when some GP Joint system products contained asbestos and others did not. In approximately 1972 we began to develop products without asbestos. Then from May 4,1977, GP No longer manufactured any joint system product containing asbestos? Referring to Exhibit A, deponent reviewed in advance ofdeposition, was familiar with them 19. being joint system product formulas of GP Corp. It does not include all ofthejoint compound formulas ofGP. BONO OBJECTION I understand that particular formulas in Exhibit A were furnished by the plaintiffs' attorneys. Documents in Exhibit A are from files ofGP Corp. Was familiar with formulas in Exhibit A at time originally created. Since 1982 documents were housed at 20 Decatur gypsum laboratory, Prior to that at Tigard, Oregon gypsum laboratory. I was manager ofboth laboratories, documents in Exh. A were under my custody and control. Appear to be true and correct copies ofdocuments maintained in regular course ofGP's business. In addition to reviewing formulas in Exh. A. also reviewed several hundred other formulas of GP's joint compounds, and some other lab documents 21 Did not review only selected formulas. Had access to and reviewed the entire joint system formula set ofGP I made that review so we could put a history together ofthe development ofjoint compounds, and in this case the history concerning the use ofSG-210 in joint compounds. OFF THE RECORD DISCUSSION Elizabeth Geise for Certain-Teed wanted to state for record her understanding that deposition is being taken pursuant to Illinois Rules which would provide that all objections except to the form ofquestion 3 are reserved until trial. Don't assume my silence at Mr. Bono's insistence that objections have to be stated at the time to indicate 1 22 have stipulated to that. I have stipulated to the fact that this deposition is taken pursuant to the Illinois Rules of Civil Procedure. I don't know ofa particular rule number and I don't mean to have an argument on the record. Just don't want you to think that by my silence I have stipulated to those. I understand we're governed by the Illinois Rules - I'll take my chances. Don't want you to think I have agreed with you that any objection except as to the form of the question is reserved. I mean that any objection on any basis needs to be stated at this deposition. Believe it would be an impossibility to make relevant objections in a deposition notices in re all Simmons cases. Trevor Will for UC - wants to put on record it is his understanding as 23 well that Illinois Rules under which this deposition is being taken provide for reservation ofall objections except as to form of question. Doesn't agree with Mr. Bono's statement, pointing out that it is possible this deposition may attempt to be used in jurisdictions other than Illinois, and his position on record is we will object to matters of form that can be corrected, but not to other types ofobjections which would be reserved till the time oftrial. Mr. Bono putting on record we're not agreeing to reserving any objections. Ifyou want to make any, make them now. Mr. Will - to Mr. Bono - "I don't think you're the judge, so I think the record's clear. Let's go ahead. Mr. Bono to Mr. Will: "Are you even licensed in the State of Illinois." Mr. Will to Mr. Bono "That's why I'm with counsel. No, I'm not. 24 Have not entered appearance in re asbestos litigation as filed by The Simmons Firm? Have not been admitted pro hac vice in Illinois in re asbestos litigation filed by The Simmons Firm. That's why here with co-counsel. Mr. Bono - Well, let him make his objections. EXAMINATION RESUMED BY MS. JAGGER Referring to Exhibit B, I recognize the document, I prepared it. It represents following the review I made ofGP Formulas; it's a history of those joint compounds and texture formulas that contained 25 SG-210 UC asbestos. I would not be able to quickly and succinctly identify the products manufactured by GP which contained UC asbestos. Went through several hundred documents andjust wouldn't be possible to remember without making some kind of a history. EXH. B. TENDERED INTO EVIDENCE BY MS. JAGGER Exhibit B relates only to GP Products and UC asbestos. Certain-Teed Corporation joint compounds never contained UC asbestos. 4 26. Companies who supplied asbestos to Certain-Teed forjoint compounds were Phillip Carey Co. And Johns Manville. Bestwall Gypsumjoint compounds never contained UC asbestos. Companies who supplied Bestwall Gypsum with asbestos used in theirjoint compounds were Johns Manville Corp. And Philip Carey Company. GPjoint compounds did contain UC asbestos. UC was not the only supplier ofasbestos to GP. Other suppliers were Johns Manville and Phillip Carey. There were instances where a particular joint compound would contain asbestos supplied by more than one company. 27 You can determine what company supplied the asbestos used in a particular formula by the designation in the formula itself. For instance, Exhibit A, Page A-l, Ready Mix Filler, Acme, Texas, it says under "Raw Materials" Asbestos 7RF09. That was the designation used by die Philip Carey Company. Asbestos SG-210 was the designation used by UC, In any given formula ifthe designation 7RF09 appears that means it was supplied by Phillip Carey. 28 Designation for Asbestos 7RF02 was from Johns Manville Corporation. Designation for Asbestos SG210 was from UC. In Exhibit B at the top deponent had written "Overall usage dates". The dates were December 29,1969 to May 4,1977. December 29 was the first date UC SG-210 was used in GP Join compound product, and May 4,1977 was the date when there was no further 29 UC asbestos used in GP Joint compounds. Exhibit B breaks down usage dates by plants and products. Acme Texas plant suppliedjoint compounds for the southwestern part ofthe United States. Akron, New York plant supplied Northeastern United States; Chicago, Illinois plant furnished joint compounds in the Midwest. 30 Marietta, Georgia plant furnished southeastern United States. Milford, Virginia supplied in between Akron and Marietta, or the east central part ofthe U.S. All ofthese plants were part of the Gypsum Division ofGP, but not all were gypsum plants. Products manufactured at the Acme, Texas plant which contained UC asbestos were All Purpose, Triple Duty, Speed Set, non aggregate texture for walls and ceilings, polystyrene ceiling texture and Ready Mix. 31 In Exhibit B the dates and ranges ofUC asbestos for those products have been identified. The difference between textures and All Purpose, Triple Duty and Speed Set joint compounds in terms of use is that All Purpose, Triple Duty and Speed Set were used in joint taping and finishing operations in the gypsum wallboard construction, whereas the textures were used as a decorative effect afterjoints and nail heads and comer beads were all finished. Products manufactured at the Akron, New York plant which contained UC asbestos were drywall adhesive, bedding compound, topping compound and Ready Mix. The dates and amounts ofUC asbestos contained in those products have been identified on Exhibit B. 32 Products manufactured at the Chicago, Illinois plant containing UC asbestos were All Purpose, bedding compound, topping compound and Ready Mix. I have set out on Exhibit B the dates and amounts ofthe use ofUC in those products. Products manufactured at the Marietta, Georgia plant which contained UC asbestos were Central Mix and Ready Mix. Dates and amounts ofthe UC usage for those products are set out on Exhibit B. 33 The only product manufactured at the Milford Virginia plant that contained UC asbestos was Ready Mix. Between September 22,1972 to May 4,1977. Ready Mix joint compound manufactured at the 5 Acme, Texas plant contained UC asbestos. Percentage-wise it was used 3.75 per cent Not all ofthe Ready Mix manufactured at Acme, Texas between those dates contained UC asbestos. Ready mix topping furnished between March 8,1974 and September 10,1975 in four-gallon cartons and fivegallon pails did not contain SG-210 34 asbestos, and all the asbestos-free products did not contain SG-210. Ready mix topping is different fromjust Ready Mix in that it has a lesser amount ofbinder because it's not required for taping operations; it sands easier since it doesn't have as much adhesive. General Ready Mix formula is used to tape the joints in gypsum wallboard construction, finish those joints with the same material, cover nail heads so they're hidden, and fill in the comer beads in gypsum wallboard construction. Ready Mix topping can be used for die finishing only. 35 Ready Mix joint compound manufactured at the Akron, NY plant contained UC asbestos between December 29,1969 and May 4,1977. All ofthe Akron formulas between those dates contained SG210 asbestos except for asbestos-free joint compound Ready Mix. I wrote the language in Exhibit B which says; `Virtually all formulas up to September, 1970 used 7RF09 asbestos which was supplied by 36 Phillip Carey. Akron Ready Mix could have contained some mix ofasbestos between December 29, 1969 and September 1970. My notes here say "virtually all formulas..." Maybe some had a combination. From September forward all available formulas used some SG-210 except for 37. asbestos-free. Ready Mix manufactured at Chicago contained UC asbestos between October 21,1970 to May 4,1977 with the following exceptions; Between May 20,1974 and December, 1974 there was a special request formula; between March 1,1975 and March 23,1976 there were some special trial shipments made; there were two Ready mix topping formulas available between May 27 1975 and March 22,1976 and also between March 25,1974 and March 23, 1976. Those were both Ready Mix first date was the first Ready Mix and the second date was the second Ready Mix which 38. Contained no SG-210, in addition to the asbestos-free formulas. A special Request formula might have been a different color, might have had some additional workability characteristics, something the customer had requested. Ifnot requested, they would receive the general formulas. Marietta Georgia plant used UC asbestos in all Ready Mix between March, 1972 to May 4,1977, only exception being the asbestos-free product. NOTE: Some of the testimony concerning Milford, VA plant was corrected after the break 39 Ready Mix joint compound manufactured at Milford, Virginia contained UC asbestos between June 21, 1973 to at least January 20,1975. I say "at least" because we had a formula for Ready Mix with SG-210 up until January 20,1975, but a lab document excluded it as ofthat date. It wouldn't have been available beyond that date. All ofthe general Ready Mix formulas at Milford Virginia between June 21, 1973 and January 20, 1975 contained UC asbestos. 40 Some Ready Mix formulas did not contain UC asbestos from Milford - there were topping. There was a crack-resistant formula furnished on special request; a buff taping formula was special request, as well as the asbestos-free. The information contained in Exhibit B identifies all ofthe joint compound products ofGP which ever contained UC asbestos. I do not recall ever meeting or talking to anyone from UC Corporation. 6 RECESS TAKEN EXAMINATION RESUMED BY MS. JAGOER 41 Additional questions by Ms. Jagger, correcting earlier testimony regarding Ready mix at the Milford, Virginia plant. I didn't mean to say that it was Ready mix with SG-210 not made between 6/21/73 and on to at least January 20,1975. I should have said it was used in Ready Mix in those dates. A lab document told us it was not manufactured after that date, it excluded that product after at least January 20,1975. 42 Ms, Jagger (clarifying) Let's make sure we have a clear record. At Milford, Virginia, Ready Mix joint compound containing UC asbestos was manufactured from June 21,1973 to at least January 20,1975. 43 I Know it was manufactured at least until January 20,1975 because we bad a lab document that included it. With reference to special request formulas, special crack resistant formulas, and tilings like that, the general Ready Mix formulas would be manufactured at the same time. End ofMs Jaggers' question. EXAMINATION BY MR. BONO The Acme, Texas plant was largest GP plant that made the joint compound products. 44. Do not know percentage ofproducts they manufactured. Reference Exhibit B, first product there was All Purpose joint compound; it was a dry product. The Ready Mix line is already mixed with water, comes like a paste in a metal or plastic pail. That was the only line that GP Manufactured that came in pails or buckets. Otherjoint compound products came in bags in a powdered form. Had 45 to be mixed with water. The All Purpose joint compound. No. 1 on Exhibit B, from 3/11/74 to at least 12/16/75 contained SG-210. I thinkjust The Chicago and Acme, Texas plants manufactured it. Moving on Exhibit. B to Triple Duty - it's a joint compound, came in a bag; from Oct. 5,1974 to at least April 22,1976 all Triple Duty joint compound 46 manufactured at Acme, Texas contained UC SG-210 asbestos. Triple Duty was also manufactured at Akron and I believe Chicago, would have to consult the formulas to be sure. Ifit was manufactured at those plants and used SG-210 it would be on this list - it's not on the list so presumably ifit was manufactured, it did not contain SG-210 asbestos. Speed Set is a joint compound, came in powdered form 47 sold in a bag. From 6/29/71 to 3/30/74 Speed Set manufactured at the Acme, Texas plant contained UC SG-210 asbestos? No other plants manufactured Speed Set during that time. Textured products are dry products mixed with water, and either have or do not have an aggregate in them, usually spray applied, but they can be - some ofthem without the aggregate - applied with a brush or some other implement to get a textured surface; used for decorative effect, usually on ceilings, makes little raised ridges or designs on drywall, depending on the particular texture 48 you apply. Acoustical was an acoustical plaster. Some ofthe plasters did contain asbestos. Some 7 didn't. OBJECTION BY MS. JAGGER. Discussion offthe record. 49 At some point in time GP made acoustical plasters that contained asbestos, but not SG-210. From 11/7/72 to March 22, 1973 non aggregate texture contained S-210 made by UC. Can't be sure we didn't manufacture non-aggregate texture elsewhere. . 50 Between 4/20/72 and 4/17/73 polystyrene ceiling texture contained UC SG-210 asbestos. No other plants manufactured polystyrene ceiling texture other than Akron, Texas. GP Manufactured a product called Ready mix joint compound and also Ready Mix topping compound. Difference between Ready Mix joint compound and Ready Mix topping compound is that the topping compound contains less binder or adhesive so it could not be used to do the taping operation nor the first coat over the nail heads and the comer beads. It had the advantage ofbeing easier to sand as a result ofhaving less adhesive - that was the main difference. 51. Ready Mix joint compound contained SG-210 asbestos between 9/22/71 and 5/4/77. The exception on Exhibit. B. regarding topping compounds from 3/8/74 to 9/10/75 does not affect the Ready Mix joint compound. I would have to consult the actual formula to be sure ifsome Ready Mix topping compounds also contained SG-210. Akron New York plant product called drywall adhesive was also called stud 52. adhesive. It was a pre-mixed product furnished in a caulking tube, applied to studs to adhere the gypsum board to the studs. Bedding compound came in a bag, contained UC SG-210 asbestos. Akron, Chicago and Acme all made bedding compound. Bedding compound manufactured at Acme, Texas did not contain SG-210 asbestos. Topping compound from Akron, NY plant, from March 30,1972 to February of 1973, contained SG-210 asbestos. 53. Akron, Acme and Chicago plants all manufactured topping compound. Not all Ready Mix joint compounds manufactured by GP contained SG-210. The asbestos-free did not. When GP Started manufacturing asbestos-freejoint compound, they advertised on their labels "Asbestos-freejoint compound." 54 At Akron NY plant of GP Ready Mix joint compound manufactured by GP Between 12/29/69 and 5/4/77 contained SG-210 asbestos OBJECTION BY MR. WILL Not sure ifAkron also made a topping compound Ready Mix. Would have to go back in the formulas to be sure. All Purpose joint compound is a dry product. 55 Rephrasing question 56 From December 5,1972 until February of 1973 there was some (not al) All Purpose joint compound manufactured with UC asbestos. At the Chicago Illinois plant of GP between March 30 1972 and February 1973, some ofthe bedding compound contained UC SG-210 asbestos. Between March 30 1972 and February 1973, some of the topping compound contained UC SG-210 asbestos. This is 8 57 the dry formula oftopping compound. At Chicago the Ready Mix joint compound manufactured from October 21,1970 until May 4,1977 contained UC SG-210. All general formulas during that time contained UC SG-210. Marietta, GA plant was not only plant that manufactured Central Mix - think it was manufactured elsewhere. Between 5/18/71 and January 20,1975 some ofthe Central Mix manufactured at Marietta GA. Plant contained UC SG-210 asbestos. Ready Mix joint compound at Marietta Plant contained UC SG-210 asbestos between March 6,1972 and May 4,1977, 58. other than asbestos-free. Milford, VA plant, between June 21,1973 until at least January 20,1975, Ready Mix joint compound contained UC SG-210 asbestos. There was inter-regional moving of product I'm sure at times. RECESS FROM 12:40 PM TO 12:51 PM RESUMED EXAMINATION BY MR. BONO: 59 Referring to GP Group Exhibit A, identified by deponent as GP formulas for various GP Joint compound products containing SG-210, all ofwhich were prepared by deponent or under his direction while head ofthe GP Research and Development Dept. 60 are all true and accurate copies ofthe formulas ofGP meaning those are good copies ofthe formulas that existed in the time frame listed. Records kept by me in normal course ofbusiness at GP They came from the records ofGP Corporation. EXAMINATION BY MR. KOHLBURN 61 In 1951 when first started with Certain-Teed there was not a separate company known as Bestwall. OBJECTION - MS. GEISE That separate company came into being in May of 1956. Between 1951 and 1956 (the time deponent started and the time a separate company called Bestwall was formed.) President or CEO ofCertainTeed was Rawson Lizars. 62 Corporation was called Bestwall Certain-Teed Sales Coip. Function was to market products ofboth companies. OBJECTION - GEISE I know that because I was there when it all happened. As of 19561 went to work for Bestwall Gypsum Company. Between 1956 and 1965, CEO ofBestwall was Rawson Lizars, also ofCertain-Teed 63 and the Sales Corporation. Between June, 1956 and 1965 all three companies, Certain-Teed, Bestwall and Bestwall Certain-Teed, had their headquarters at the same building in Ardmore, PA. Between June 1956 and 1965 Certain-Teed and Bestwall both had laboratory facilities in the same building in Paoli, PA. At that time I worked at Paoli laboratory ofBestwall Gypsum Company. As far as I know between 1956 and 1964, Bestwall sold all ofits products through the Certain-Teed Bestwall Sales Corporation. 9 OBJECTION-GEISE 64 Certain-Teed also sold all of its products between 1956 and 1964 through Bestwall Certain-Teed Sales Corporation. Having been there from June, 1956 through 19641 know that Certain-Teed Bestwall Sales Corporation provided all ofthe marketing and advertising for both Certain-teed and Bestwall OBJECTION - GEISE - Per previous testimony, supervisor at Paoli was Mr. Shuttleworth. 65 Between 1956 and 1965 Mr. Shuttleworth reported to Mr. Hoggatt. Mr. Hoggatt reported to Mr. Grieve. Mr. Grieve was a Bestwall employee OBJECTION-GEISE There were people who worked for both companies, Bestwall and Certain-Teed from 1956 to 1965 OBJECTION-GEISE 66 Those people were the Bestwall Certain-Teed Sales Corporation employees. Unless there were management people, I don't know ofanyone excluding the Sales Corp. Employees who worked for both Bestwall and Certain-Teed from 1956 to 1965 other than Mr. Lizars. From 1956 to 1965 everyone that worked for Bestwall and for Certain-Teed eventually reported to Rawson Lizars. 67 OBJECTION-GEISE Regarding same upper management running both Certain-Teed and Bestwall, can't answer for CertainTeed, but Bestwall had some changes in management during the period 1956 and 1965 OBJECTION - GEISE . 68 I don't know who negotiated the merger between Bestwall and GP in 1965. OBJECTION - GEISE Before 1965 there were other companies other than GP Looking at acquiring Bestwall from CertainTeed. OBJECTION-GEISE I know that because companies came through the laboratory and plants as well, from other companies apparently interested in purchasing die Bestwall Gypsum Company. I can recall the Johns Manville Corp. And Weyerhauser were two ofthem. 69 It was the general feeling that from the time Certain-Teed created Bestwall in 1956 until it was acquired by GP In 1965, Certain-Teed was actively seeking a purchaser for Bestwall. Basis for the feeling was visitors from other companies that came to facilities. 10 OBJECTION-GEISE During period 1951 through 1956 Certain-Teed manufactured and sold asbestos-containing products as part ofits gypsum business, which includedjoint compounds. 70. I recall one brand name - Certex. During period of 1951 and 1956 Certex made and sold reinforcing joint finishers that contained asbestos. Brand name eventually called Bestwall Products, but Fm not sure exact date that happened. Just for 1951 and 1956 the only name I can remember was Bestwall. Fm not sure without looking at formulas iffrom 1951 and 1956 Certain-Teed made and sold any asbestos-containing patching plasters. 71. Between 1951 and 1956 Certain-Teed made and sold asbestos-containing textures. Brand name was Certex. Same period Certain-Teed made and sold asbestos-containing acoustical plasters, brand name was Lite Acoustic. I am familiar with product called Kalite. Not sure without consulting formula ifit is an asbestos-containing acoustical plaster. 72. For period of 1951 to 1956 Certain-Teed made and sold asbestos-containing bedding compounds. Cannot recall brand name or trade name other than the Bestwall name. For Period 1951 and 1956 did not make and sell any asbestos-containing topping compounds, unless it was the Bestwall name previously given. For period 1951 to 1956, gypsum line ofproducts only, cannot recall any other types ofasbestos-containing products made and sold by Certain-Teed. Switching to period of 1956 to 1965, Bestwall made and sold asbestos-containing joint compound - only brand name can think of is Bestwall 73 Bestwall made and sold asbestos-containing reinforcing joint finishers between 1956 and 1965 under the Bestwall name. Not sure if Bestwall made and sold asbestos-containing patching plasters between 1956 and 1965 - would have to consult the formulas. They made and sold asbestos-containing textures between 1956 and 1965. Other than just the Bestwall name 74 there was a Bestex name used. Between 1956 and 1965 Bestwall made and sold asbestos-containing acoustical plasters. Other than Bestwall name there was just the Lite Acoustic. Can't think ofany other brand name or trade name associated with asbestos-containing bedding compound. Bestwall made during period 1956 to 1965 asbestos-containing topping compounds. 75 Other than Bestwall name can't recall any brand or trade name associated with asbestos-containing toping compounds between 1956 and 1965. Other than products for Bestwall just talked about for period 1956 to 1965 other types or brand names or trade names of asbestos-containing products made and sold by Bestwall were Triple Duty which was a dry product used for taping and finishing joints in drywall construction, used also for texturing; there was 76 One Dayjoint compound. Per previous testimony, deponent worked on the development ofthe Ready Mix joint compound indicating it was put on the market in about 1965. Believe we started limited marketing prior to 1965. Per previous testimony Ready Mix is different from other joint compounds because it comes with water already added and others come dry and have 77 to be mixed. From 1951 to 1956, Certain-Teed made and sold asbestos-containing joint compounds, Between 1951 and 1956. None were ofa premixed type. Not all came in a bag from 1951 to 1956. 11 78 some came in a box. It was always a dry product during that time. Between 1956 and 1965 joint compounds made by Bestwall, other than Ready Mix 79 were dry products that came in bags or boxes. End ofquestioning by Mr. Kohlbum. Recess taken 1:18 to 1:31. Beginning ofTapeNo.2 EXAMINATION BY TREVOR WILL Referring to Exhibit B, right hand side is a column for comments. 80 Second page ofExh. B for Akron, NY and Chicago EL plants there is "Dow Resin" with an asterisk. Dow Resin was a formula marketed only briefly and failed, so only available for some number of months. Dow Resin was an ingredient in these products. Product failed in that it cracked after it dried and in some cases fell away from the comer beads. Back to first page ofExh. B. in "comment column is written "Memphis only" because it was 81 manufactured for the Memphis market only. So UC SG-210 was included only in the All Purpose that was sold in the Memphis market during those time periods. Other All Purpose product made at the Acme plant that did not contain UC S-210 asbestos. Triple Duty under Acme, TX, comment is "Denver only - Gardineer" which means product was manufactured and shipped strictly to Denver for Gardineer Drywall - a large drywall company. That means there was other Triple Duty made at the Acme, TX plant during October 5 1974 to April 22,1976 period that did not 82 have UC SG-210 in it. I hope I didn't say in earlier testimony that "all ofthe Triple Duty made at the OBJECTION BY BONO Acme, TX plant between October of '74 and April of `76 would have had UC asbestos in it.." because that would have been a mistake. Clarification statement by Mr. Will: The only Triple Duty out ofthe Acme, TX plant that had UC SG-210 was the Triple Duty sent to the Gardineer contractor in the Denver area. Next item: Speed Set 83 Originally called "One Day" may have been made before 6/29/1971, name later changed to Speed Set. Don't know why name changed. One Day and Speed Set are the same product. Before June 19,1971, I'm not sure Speed Set even contained asbestos, would have to consult formulas. Hereinafter when refer to Speed Set includes One Day as well. Speed Set was made at plants other than Acme, TX. Speed Set not 84 listed under any ofthe other plants, which indicates no formulas found that called for UC SG-210 in that product at those other plants. To know years Speed Set or One Day was made, would look at GP Formulas, which I haven't memorized. Ready Mix line ofproducts was made starting in 1965 or maybe a little earlier, and it had asbestos in it up until May of`77. Prior to using UC SG-210 asbestos Phillip Carey 7RF-9 was primary asbestos used. 85 SG-210 was introduced into the Ready Mix on different dates for different plants; e.g. Chicago began using SG-210 in October of 1970, and Acme, TX didn't begin using it in Ready Mix until September of `71. So in Acme, TX until September of `71 Acme would have been using the Philip Carey of the 12 Johns Manville or some combination. By Mr. Will: Mr. Bono in his questioning pretty much went through your exhibit plant by plant asking about the products and dates. Sometimes he made it a point ofsaying this product was made at this particular plant for these particular dates with Union S6 Carbide and sometimes he would just say this product for these dates. OBJECTION BY BONO I don't remember that. Looking at Exhibit B, outside the limits ofthese were the limits we gave for the use of the SG-210, and we gave exceptions to that. 87 "So we said all formulas contained SG-210 except.." Ifthey were making Ready Mix in Acme, TX in June of 1970, it was without UC SG-210; ifmaking Speed Set or One Day in Akron, NY, it was without UC asbestos, but Speed set WAS NOT manufactured in Akron or in Chicago 88 It was manufactured in plants other than Acme but Acme only place UC SG-210 was used. Triple Duty was manufactured at places other than Acme - would have to go back through the formulas to be sure, but certain it was made at other plants. Triple Duty not listed as containing SG-210 at any plant other than Acme. Ifmade at other plants it was made without SG-210 89 Ifproduct was made at different plant without SG-210 it is not listed on Exhibit B. Percentages ofSG210 is by weight 90 Some products had more than one type asbestos in them. Exh. B does not list other types, but it does list the percentages. Referring to randomly selected page A-l 19 ofExh. A regarding Speed Set having SGP 91 0018388 for identification, hand numbered Exhibit A-l 19. That is a formula for Speed Setjoint compound from the Acme, TX plant dated June 29 of 1971, showing SG-210 was in the product formula at .5% of weight. Also Shows the Phillip Carey 7RF09 was in the formula BONO OBJECTION at 2.25%. When put together Exh. B, did not list percentages ofother companies' 92 asbestos BONO OBJECTION In putting together Exh. B looked at hundreds ofpages of formula. Have copy ofall ofthe formulas for GP joint compound products, somewhere near 300 or more. In two boxes about 2' x 3'. Don't know the exact dimensions ofbox. 93 Exhibit A contains 123 pages of formulas. When formula changed slightly, revision was issued. So in Exh. A there are formulas in effect for a very short period oftime, then replaced by another one. Exh. B summarized time period covered in total by all ofthose formulas. 94 In putting together Exhibit BI worked from large volume of formulas I have at home, not from Exhibit 13 A. Mentioned lab document with respect to the Marietta, GA plant, not in Exhibit A, they are something different. In Exh. A, some documents have handwriting on them, don't know whose. First page, A-l has a number on it, Si*. 0017274, do not know significance of it. 95 I looked at these, was not sure what the author had in mind. Insofar as the asbestos amounts, I relied on the printed or typed material, not handwritten material. Looking at Exh. B again, Akron New York Plant, reference Ready Mix (2"a page) note says in December 29,1969 first formula was changed to include some SG-210, but up until September 7,1970 most Ready Mix products from Akron, NY used exclusively Phillip Carey 7RF09. Starting in September, 1970 all available formulas except for asbestos-free used UC SG-210. Most Ready Mix products made prior to 96 September, `70 would not have contained SG-210. First products that contained it were manufactured on December 29,1969. For the next 9 months, up until September of 1970 most, or "virtually all" did not have the SG-210. There was an overlapping. I don't know exactly how many different Ready Mix products were there, or formulas were there, but there were some number of different Ready Mix formulas. 97 I did testify under Akron, NY, some formulas got SG-210 starting December 29,1969, but most of them did not contain SG-210 until September of 1970. To know which formulas had SG-210 as of Dec. 29,1969,1 would look at formulas themselves. 98 I said sometimes a product was shipped from a plant in one area to a region typically served out of another plant. It depended on the product. I don't know ofany hard and fast geographic lines where one plant served and didn't go outside its area. The circumstances under which product from one plant might be sent halfway across the country, for example: Acme only plant that made polystyrene textures and was the only plant that manufactured most ofthe textures, so they would ship to other plants so textures could be marketed along with the products they had. Don't know ofany instance where Ready mix 99 would have been shipped to a different region. When one plant didn't manufacture the product, they would get it from a plant that did. I don't know boundary lines for service areas ofany ofthe plants. In terms ofvolume ofasbestos, I don't know biggest supplier ofasbestos to GP for use in joint products OBJECTION-BONO 100 I have no way of comparing how much UC asbestos was purchased versus how much Phillip Carey asbestos was purchased OBJECTION-BONO A product could not be made with a change from the approved formula under certain circumstance. I have no sense ofwhat quantity ofproduct was made for any formulas set out in Exhibit B. END OF QUESTIONING BY MR. WILL EXAMINATION BY MS. GEISE (FOR CERTAIN-TEED) 14 101 Deponent was hired by Certain-Teed in 1951 as a chemist,3vas^till a chemist when Bestwall Gypsum was created, main responsibilities being formulating joint compounds acceptable in the market place. In about 1955 or 102 maybe 1954, was given responsibility for formulating joint compounds at request ofSales Department. Job didn't change between `56 and `60. I was never an officer of Certain-Teed. In 1960 they created a small Research Department, I was working group leader - was never an officer. 103 Was never an officer ofCertain-Teed Bestwall Sales Corp. or ofBestwall Gypsum Corp, and never a director ofany ofthose three coiporations. Did not attend board meetings, was not familiar with minutes ofboard meetings ofthose corporations. I am not a lawyer. I am not familiar with the separation agreement in 1956 between Certain-Teed Products Corporation and Besgtwall Gypsum Corporation; was not involved in negotiating that agreement or in drafting it 104 or in carrying it out. Don't know financial arrangements between Certain-Teed Products Corporation, Certain-Teed Bestwall Sales Corporation and Bestwall Gypsum Corporation. First supervisor at Certain-Teed was Gilbert Hoggatt, then Mr. Shuttleworth. Mr, Shuttleworth was first supervisor when worked for Bestwall Gypsum Company 105 We both followed the business up to 1967. When worked for Certain-Teed -1951 to `56, the fiber was all chrysoltile or white fiber asbestos. 106 Referring to Mr. Kohlbum's questioning, 107 can't think of any other type product between 1951 and 1956 containing asbestos which Certain-Teed manufactured through its Gypsum Division. END OF GIESE'S QUESTIONING ADDITIONAL EXAMINATION BY MS. JAGGER Acoustical piaster is not a product listed on Exhibit B. Can't be exactly sure ofdates, but Certain-teed did manufacture acoustical plaster during my employment through the Certain-Teed Bestwall dates. GP never manufactured acoustical plaster. ADDITIONAL EXAMINATION BY MR. BONO 108 Referring to 1951-`56 time frame - question rephrased several times. OBJECTION - JAGGER - EXCHANGE BETWEEN ATTORNEYS JAGGER, PLOTNER, GEISE, AND BONO 109 Certain-Teed invented and patented a product called Firestop Wallboard. Original patent called for use ofasbestos fibers. 110 Exchange between Jagger and Bono concerning agreement not to discuss Vermiculite ADDITIONAL EXAMINATION BY MS. GEISE: 15 111 Certain-Teed did not market Firestop with asbestos fibers between 1951 and 1956. I know that because I was there and witnessed the events that occurred with the patents and the marketing ofthe Firestop products. The first patent was Mr. Croce's and it contained asbestos. Very soon after Mr. Shuttleworth and Mr. Crocejointly came up with use of fiberglass in lieu ofasbestos to manufacture a type X or Firestop board, and it was that product that went through building codes and got acceptance and marketed. There were further patents that were prosecuted with the glass fiber in them and that was the board that was ultimately manufactured. 112 Firestop was not marketed between `51 and `56 with asbestos in it. 113 EXCHANGE BETWEEN JAGGER, BONO, AND WILL ADDITIONAL EXAMINATION BY MR. BONO 114 Between 1951 and 1956 Firestop Wallboard was not manufactured and sold with asbestos fibers as a constituent or as an added ingredient in the Firestop Wallboard END OF DEPOSITION 16