Document N8e7VaqO2GdxqXyYm5q1weag

1 NO. 83-46309 2 LEE BATON, IT OX IN THE DISTRICT COURT OF 3 VS HARRIS COUNTY, TEXAS 4 CLEMTEX, INC. , ET AL 55TH JUDICIAL DISTRICT 5 4 7 8 DEPOSITION OF KENNETH SCHEEL 9 COPY 10 taken on the 21st day of March, 1985, beginning at 11 11:15 a.m., in the offices of Williams & Blizzard, 12 Lyric Centre Building, 440 Louisiana, Third Floor, 13 Houston, Texas, before Karen J. Ingram, a Certified 14 Shorthand Reporter and Notary Public in and for the 15 State of Texas, pursuant to Notice and the Texas Rules 16 of Civil Procedure. 17 IT WAS AGREED by and between counsel that the 18 original of the deposition of Kenneth Scheel shall be 19 sent to Hr. Edward Blizzard for the purpose of 20 obtaining the signature of the witness thereon before 21 any Notary Public. 22 23 24 25 15 1 what did you make them for? 2 MR. STAHL:' I'm going to object to 3 the form of the question because it has 4 Mr. Crow testifying as to the fine 5 distinction aspect; and in that aspect, 6 I'm going to object to the question. 7 0 (By Hr. Crow) Is he your lawyer? Have you ever- G met him before? c MR. STAHL: I'm making objections 10 to the form of the question, Hr. Crow. 11 MR. CROW: And I can't stop you 12 from doing that. We're taking it by the 13 rules. 14 MR. STAHL: That's right, so you 15 may ask -- insofar as my client's 16 concerned, I object to the form of the 17 question as a fine distinction because 18 that is you testifying. 19 Q (By Mr. Crow) What did 3M intend these disposable 20 masks to do if not to provide either complete or 21 partial protection to the human lung? 22 A Which ones are you speaking of now? 23 Q The ones made before 1972. 24 A '7 2? They are designed strictly to offer relief 25 from an irritant value of nuisance dust. They ..................................................... -......... ram Court dCs-p-ortir.u - ------------- Lth ipi\ion uiLdin^ Or* Boulton. C7tzai 77CC2 1227-S21' 16 1 have nothing to do with protecting the human lung. 2 That's all we do. 3 0 If they were not designed to protect the lung, 4 were they designed to protect the nose, the mucous 5 membrane, the esophagus? What do you mean when 6 you say they were designed to protect only against 7 did you use the word irritants? 8 A Yes. o, !'R. BLIZZARD: Wait, what's the 10 question? 11 0 (By Hr. Crow) -That were they designed to do if 12 not to protect the lung? Can you elaborate on 13 that for me? 14 A It's designed to keep things that are called 15 nuisance dusts out of the upper airways, nose, 16 mouth that would cause people to be uncomfortable; 17 and as a result, they would offer relief from that IS irritant. Irritant is maybe a bad word because it 19 can sometimes be construed as something harmful to 20 you. Not something harmful to you at all, just a 21 nuisance, simply a nuisance to have, and that 85 22 dust mask keeps that out of your nose and mouth. 23 Q Well, we have on the table for the record, because 24 the record sometimes is sightless, we have three 25 masks. One is the 8500 with the blue band, right? . ---------------------------- .... dnqlam (2ou.it <C-Rs.fiOiti.ncj eZ'Xuti ip ilon !JBujiCdiiui 1 1Soo cSuiti C C jT+ouibon. CTttai 77002 (71 227-^2-H = -- --~ THE STATE OF TEXAS 241 COUNTY OF HARRIS I, Karen J. Ingram, a Certified Shorthand Reporter and Notary Public in and for the State of Texas, do hereby certify that the facts stated in the caption to the foregoing deposition are true; that said deposition was taken before me at said time and place, pursuant to said notice and agreements, the said witness, Kenneth Laurence Scheel, having been by me first duly sworn on oath; I further certify that said deposition was reported by me in shorthand, later reduced to typewriting under my personal supervision, and the above and foregoing 240 pages of typev/riting constitute a true and correct transcript thereof. I further certify that the charge for the preparation of the foregoing completed transcript is . $ charged to . Given under my official hand and seal of office on tthhiiss, the /</< day of A.D. , 1985 .\ctieii u. jLiiytam, v^.o.k Certificate No. 1175 Expires 12/31/86