Document QXNwqNgGZgejNL94YRQm3vL5E

j i IN THE MATTER OP: Transwestem Pipeline Company I! Monsanto Companyy et ah Cause No. BC 026959 Deposition ofDavid Wood September 3f 1992 Gore Reporting Company, Inc. 100 North Broadway, Suite 1175 Scant Louis, Missouri 63102 (314)241-6750 (800)878-6750 HARTOLDMONOO11207 1 Superior Court of the State of Cal 2 2 For the County of Los Angeles 3 4 TRANSWESTERN PIPELINE ) ' 5 COMPANY, ) 6 Plaintiff, ) 7 ). 8 v. ) No. BC 026959 9 -' ' ) . 10 MONSANTO COMPANY and ) 11 DOES 1 through 200, ) 12 inclusive, ) 13 Defendants. ) 14 15 16 17 1 8 Deposition of DAVID WOOD, taken on 19 behalf of Plaintiff, at the offices of Bryan, 2 0 Cave, McPheeters & McRoberts, 500 North 2 1 Broadway in the City of St. Louis, State of 2 2 Missouri, commencing at 9:00 a.m. on the 3rd 2 3 day of September, 1992, before J. Bryan 2 4 Jordan, certified shorthand reporter and 2 5 notarypublic. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11208 1 APPEARANCES: 2 3 FOR THE PLAINTIFF: 4 James P. Tallon, Esq. 5 Shearman & Sterling 6 2lst Floor 7 725 South Figueroa Street 8 Los Angeles, California 90017 9 (213)239-0300 10 11 FOR THE DEFENDANTS : 12 Donald F. Zimmer, Jr., Esq. 1 3 Bronson, Bronson & McKinnon 14 505 Montgomery Street 15 San Francisco, California 94111-2514 1 6 (415) 986-4200 17 18 19 20 21 22 23 24 25 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 3 HARTOLDMONOO11209 1 INDEX 4 2 PAGE 3 EXAMINATION BY MR. TALLON 5 4 5 6 EXHIBITS 7 8 Plaintiff ' s Deposit ion Exhibit 659 ... 15 9 P1 a i n t i f f ' s Deposit ion Exhibit 660 ... 2 0 1 0 Plaintiff ' s Deposit ion Exhibit 661 ... 2 3 11 Plaintiff ' s Deposition Exhibit 662 ... 3 3 1 2 Plaintiff ' s Deposition Exhibit 663 ... 3 6 1 3 Plaintiff ' s Deposition Exhibit 6 6 4 ... 3 8 14 Plaintiff ' s Deposition Exhibit 665 ... 4 7 15 Plaintiff ' s Deposition Exhibit 666... 5 1 1 6 Plaintiff ' s Deposition Exhibit 667 ... 5 6 17 Plaintiff ' s Deposition Exhibit 668 ... 72 1 8 Plaintiff ' s Deposition Exhibit 669 ... 74 1 9 Plaintiff ' s Deposition Exhibit 670 ... 83 2 0 Plaintiff ' s Deposition Exhibit 671 ... 8 5 2 1 P1 a i n t i f f ' s Deposition Exhibit 672 ... 89 22 23 24 25 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11210 5 1 Whereupon. 2 DAVID WOOD, 3 of sound mind, having been first duly sworn 4 to tell the truth, the whole truth, and 5 nothing but the truth in the case aforesaid, 6 testified upon his oath as follows, to-wit:' 7 EXAMINATION 8 QUESTIONS BY MR. TALLON: 9 Q: State your full name for the 1 0 r e c ord, please. 11 A: David Wood, W-o-o-d. 12 Qs And are you employed, Mr. Wood? 13 A: I'm employed by Monsanto Company. 14 Q: In what position? 1 5 A: I'm director, Saflex Americas. 1 6 Q: Could you spell that? 1 7 A: S-a-f-l-e-x Americas. 1 8 Q: And just briefly for context, what 19 is the business of Saflex? 2 0 A: Saflex is a plastic interlayer 2 1 material which is laminated between glass to 2 2 produce a safety glass. 2 3 Q: Did you start with Monsanto in 2 4 19 61? 2 5 A: Yes. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11211 6 1 Q: And' was that after you received a 2 degree from Trinity College at Cambridge 3 University? 4 A : Yes. 5 Q : And do you have a degree in 6 chemistry? 7 A: I have a degree in natural 8 sciences which' included chemistry. 9 Q: When you joined Monsanto, what 1 0 position did you assume? 1 1 A : Sales t raine e. 1 2 Q : And how long did you hold that 1 3 position? 14 A: I became a salesman perhaps twelve 1 5 months later. 1 6 Q : Did there come a time when you 1 7 b e came a Product Supervisor for Dielectric 1 8 Fluids for Monsanto Europe, SA? 1 9 A: Yes. 2 0 Q : Do you remember approximately when 2 1 that was? 2 2 A: That would have been in the range 2 3 of 1964-65. 2 4 Q: And how do you define the term 2 5 11 d i e 1 e (:tric fluids"? Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11212 7 1 A: A dielectric fluid is, in the case 2 of the dielectric fluids that Monsanto sold, 3 were liquids, as opposed to gases, and they 4 imparted certain insulation and energy 5 storage properties to devices such as 6 capacitors and transformers. 7 Qs At the time you were Product 8 Supervisor for Dielectric Fluids for Monsanto 9 Europe, SA, were the fluids sold 1 0 by Monsanto composed of part of 1 1 polychlorinated biphenyls? 1 2 A: Yes. 1 3 Q: Was the '-- was your appointment to 14 the position of product supervisor your first 1 5 contact with sales of Monsanto products that 1 6 included PCBs? 1 7 A: Yes. 1 8 Qs And can you describe, if you 19 recall, how it was that you came to assume 2 0 that position as product supervisor? 2 1 A: In the evolution of my career, I 2 2 made it known when I joined Monsanto that I 2 3 was looking for a career, as opposed to a job 2 4 as a salesman, and a natural progression 2 5 through the marketing career path is that Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11213 8 1 after a period in selling products, that you 2 will become responsible for the business 3 a dministration of products. It was an 4 appropriate time in my career for me to 5 become, to get some experience of the 6 administration, the marketing administration 7 of products, and therefore, I was appointed 8 to the position involving the dielectric 9 fluids. That was an opening that was 1 0 available that matched my career timing. 1 1 Q: Do you recollect how long you held 12 the position as Product Supervisor for 13 Dielectric Fluids? 14 A: I left it in '68, yeah, so it was, 1 5 it would have been from the period, I said, 1 6 around '64-' 65 time range until '68. 1 7 Q: And what position did you take up 1 8 when you -- what was your next position after 1 9 you were product supervisor for - 2 0 A: I became a market manager for a 21 product line that we called Food and Fine, 2 2 which was food ingredients and fine 2 3 chemicals. 2 4 Q: Were any of the products under 2 5 your supervision as Market.Manager for Food Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11214 9 1 and Fine Chemicals products that included 2 polychlorinated biphenyls? 3 As They were not. 4 Q: During the time thatyou were 5 Product Supervisor for Dielectric Fluids, did 6 you have occasion to communicate with 7 customers about their use of the dielectric 8 fluids? 9 As Yes, I did. 1 0 Qs Was that part of a customary or 11 ordinary part of your job duties, to 12 communicate with customers about the 1 3 products? 14 As Yes, I was theperson who was 1 5 administering the, I would say, that product 1 6 line in the European marketplace, and as 1 7 such, it was important that I talk with 1 8 cus tomers. 19 Qs Could you describe briefly the 2 0 other responsibilities you had as product 2 1 supervisor during the period from 2 2 approximately 19 64 or '65 until you left that 2 3 position in 1968? 2 4 As Essentially, it was to make sure 2 5 that we had sufficient product to meet the Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11215 '. .__________ ___________ , __________1 0 1 sales forecast so. that there were a liaison 2 coordination with our manufacturing groups to 3 make sure that we had a sufficient volume of 4 the, of.the appropriate quality of material, 5 it was to maintain contact with the people 6 who had a responsibility for the world-wide 7 dielectric business to understand what was 8 evolving in that marketplace and that the 9 European customers were made aware of product 10 developments, and there was a responsibility 11 to make sure that we had availability to 1 2 transport materials from our manufacturing 13 plants to, to our customers around Europe and 14 to provide our customers around Europe or to 1 5 provide our salesmen with the tools to 16 educate our customers about the application 1 7 and use of our products. 1 8 Q: And in what fashion did you 19 provide your salesmen with tools to help 2 0 educate customers with respect to the 2 1 application and use of Monsanto products? 2 2 A: You would be responsible for 2 3 making sure that you received timely data 2 4 from, in terms of new technical bulletins and 2 5 literature, material that had been prepared Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11216 __________________;_______________________________________________ 11 1 in our major home base market of the United 2 States and at that point, to, to make sure 3 that that was translated into a form that you 4 could satisfactorily educate the consuming 5 public in Europe. 6 Q: Was it part of your job 7 responsibility as product supervisor to 8 assist with sales growth, as to say volume of . 9 product and dollars of profit? 1 0 A: Yes. Mm -hmm. 11 Q: Do you recall during the period 1 2 that you acted as product supervisor 1 3 receiving any inquiries from customers for 14 dielectric, fluid's about safety precautions to 1 5 be taken with respect to the use of the 16 dielectric fluids? 1 7 A: Yes, from time to time during my 1 8 period of involvement with polychlorinated 19 biphenyls, I would be asked.to provide 2 0 information to them about how a material 2 1 should be handled, stored, what materials 2 2 were compatible with polychlorinated 2 3 biphenyls in construction of the electrical 2 4 devices that were being used. 2 5 Q: Where did you acquire the Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11217 _____________________________ ' _____________ __________ 12 1 information necessary to enable you to 2 respond to those inquiries? 3 As I was supported by a Marketing 4 Technical Service Group who, where we had had 5 people involved for some years in design and 6 development and use of our products. I would 7 contact my colleagues in our central research 8 areas in the United States and they would 9 tell me what the current status was of the 1 o various, the various elements of product 1 1 usability. . 12 Q: When you referred to a Marketing 1 3 Technical Services Group, were you referring 14 to a group based in Europe or a group based 1 5 in the United States, or both? 1 6 A: Both. 1 7 Q: Who did you communicate, as best 1 8 you recall, while you were a Product 19 Supervisor for Dielectric Fluids, in the 2 0 Marketing Technical Services Group in the 2 1 United States? -. 2 2 A: Normally, my contact would be with 2 3 Dr. Ralph Munch. 2 4 Q: Is there anyone else whom you 2 5 recall, with whom you recall communicating in Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11218 13 1 the Marketing'Technical Services Group in - 2 A: In the marketing technical 3 services area for dielectrics, my contact was 4 Dr. Munch, and if he required to reach out to 5 other people in his staff, he would do so. 6 Q: But it was not customary for you 7 to do so? 8 A: No. 9 Q: As a part of your job 1 0 responsibilities as product supervisor, did 11 you have occasion to communicate with Emmett 12 Kelly, Medical Director of Monsanto in St. 1 3 Louis? 14 A: Yes, I did. 1 5 Q: Do you recall communicating with 1 6 Dr. Kelly or his staff in connection with 1 7 inquiries from dielectric fluid customers 1 8 about the use and, perhaps, precautions to be 19 taken with respect to the use of dielectric 2 0 fluids? 2 1 A: There were occasions when I did 2 2 so,yes. 2 3 Q: Do you recall, as you sit here 2 4 today, any occasions when you did so? 2 5 A: The major, the major communication Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11219 .______________________ ;________ ________________ ;__________ ;________ 14 1 during the period that I was product 2 supervisor was at the time that some 3 information allegedly about polychlorinated 4 biphenyls emerged in Sweden, and I saw a 5 guidance, from - - I was led to Dr. Kelly 6 through my normal contacts with St. Louis, to 7 explore the significance of what I had read 8 about in Sweden. 9 Q: Could you explain what you mean 1 0 when you use the phraseology that you were 1 1 led to Dr. Kelly? 12 A; Initially, I talked to my major 1 3 commercial contact in St. Louis, Paul 1 4 Benignus, and he guided me and suggested that 15 I needed to involve Dr. Kelly in 1 6 understanding what we were, what we were 1 7 hearing in Sweden. 1 8 Q: When you referred to that which 1 9 you were hearing in Sweden, are you referring 2 0 to a published newspaper account of some 2 1 research work done by Sorjen Jensen? 2 2 A: Yes, I am . 2 3 Q : When you made contact with Mr. 2 4 Benignus, was that by telephone, or by fax, 2 5 or -- by Telex, or by letter, do you recall? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11220 _________ __________________ __________ 15 1 A: I don't recall. 2 Q: Do you recall ever communicating 3 with a representative or representatives of 4 the Central Electricity Generating Board 5 about the use of respirators in connection 6 with their use of Pyroclor? 7 A: No, I don ' t . 8 Q: Do you know what Pyroclor is? 9 A: Yes, Pyroclor is a transformer 1 0 insulating liquid, fire resistant in 1 1 character, and was a blend of polychlorinated 1 2 biphenyl and trichlorobenzene. 13 Q: Let me show you a document that 1 4 we'll ask the court reporter to mark as 1 5 Exhibit 659, and I'll just ask you to take a 1 6 moment and review that. 1 7 (Plaintiff's Deposition 1 8 Exhibit 659 marked for 1 9 identification.) 2 0 . (Witness peruses said 2 1 document.) 2 2 BY MR. TALLON: 2 3 Q: Mr. Wood, Exhibit 659 isa letter, 2 4 the stationery of the Central Electricity 2 5 Generating Board, dated November 10th, 1964, Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11221 ____________________________ __________ ~ _____________16_ 1 addressed to Monsanto Chemicals, Ltd., for 2 the attention of Mr. D. Wood. Do you have a 3 recollection of having received this letter? 4 A: No. 5 Q: Do you have a recollection of ever 6 having communicated with a medical officer of 7 the Central Electricity Generating Board on 8 the subject of'having their employees use 9 respirators in connection with their use of 1 0 Pyroclor? 11 A: I don't recall this specific 12 request for data. 13 Q: Do you have a recollection of 14 having communicated with any customers for 15 PCB-based dielectric fluids in connection 1 6 with the use by their employees of 1 7 respirators ? - 1 8 A: Yes. 1 9 Q: And did you, in fact, inform 2 0 customers that they should allow their 2 1 employees to use their -- to use a respirator 2 2 in connection with their work with dielectric 2 3 fluids? 2 4 A: We advised customers that for 2 5 transformer fluids, that if they had had a, Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11222 ` _____________________ 17 1 an event where they had created an electrical 2 arc under the surface of the insulating 3 fluid, which could happen from time to time 4 in an overload situation such as a lightning 5 surge, that they could have created a certain 6 amount of hydrogen chloride gas in the, 7 airspace above the fluid inside the 8 transformer, and if they had repair crews who 9 were going to dismantle the top of the 1 0 transformer and lift it to be able to get in 1 1 to repair the damage to the wire coils within 1 2 the transformer, that they could have a 1 3 modest release of' hydrogen chloride gas at 1 4 the point that they unsealed the.gasket in 1 5 the transformer, and it would be standard 1 6 practice that at that point in that 1 7 particular maintenance operation, that, the 1 8 people should take the safety precaution of 1 9 having a cannister respirator so they did not 2 8 subject themselves to a sudden outlet of 2 1 hydrogen chloride gas. 2 2 Q; Was the caution that you provided 2 3 about the use of a cannister-type respirator 2 4 the basis of any directive to you from St. 2 5 Louis or elsewhere in the Monsanto Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11223 _____________ ___ _____________ - __________ 18 1 organization? 2 A: it was on a basis of advice and 3 direction which we gave our customers through 4 our, our maintenance guide for transformers, 5 which said if you have this situation, you 6 should be using a respirator. 7 Q: And that situation-- 8 A: This, I mean in fact, when I talk 9 about descriptive brochure on Pyroclor in 1 0 this particular letter, then they would have 1 1 been alluding to information that was in that 1 2 particular instruction booklet. 1 3 Q: Are you referring to a, when you 14 said "that situation," are you referring to 1 5 the situation of an arc of electricity - 1 6 A: Mm-hmm yes, I am. 1 7 Q: -- that would have created a 1 8 certain amount of gas? 19 A: Yes, I am. 2 0 Qs We can put that aside. 2 1 Do you recollect, Mr. Wood, ever 2 2 having visited with R.I.C. Components, Ltd., 2 3 of Ronsey, regarding the trouble that they 2 4 were having with their employees handling the 2 5 soldering of capacitors? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11224 _______ . ________________ ________________ ^________ ________1_9 1 A: R.I.C. Components were a small, 2 newly-formed capacitor company in the United 3 Kingdom, and as they established their 4 production of small capacitors, they needed 5 some assistance from Monsanto in helping them 6 understand what was good industrial hygiene 7 practice in handling the Aroclor dielectric 8 fluids. 9 Q: Do you recollect furnishing 1 o particular advice to R.I.C. on how to handle 11 Aroclors in the process of their 12 manufacturing? 13 A: One particular issue that was 14 open, there, was a practice which they had 1 5 which was to seal the small capacitors which 1 6 they were manufacturing by soldering the hole 1 7 through which they had impregnated the 1 8 winding with liquid Aroclor. They were doing 19 this in a way which could create some fumes 2 0 of, of the dielectric fluid, because of the 2 1 heat of the soldering iron,and we 22 recommended that they, that they needed to 2 3 have a fairly strong force draft evacuation 2 4 vending system over that particular line to 2 5 take those, those fumes away from the Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11225 .________________ ________________________ _________ 20 1 workplace. 2 Q: Do you know if the company, 3 R . I . C . , adapted to the fume it issued by 4 having certain of its employees wear hoods? 5 MR. ZIMMER: The wearing of hoods. 6 MR. TALLON: Wearing of hoods. 7 A: You need to help me to put the 8 term "hoods" - - 9 MR. TALLON: Okay, let me have the 1 0 court reporter mark as the next exhibit, 11 which would be 6 6 0 , a call report typed on 12 March 1st, 1965, and it bears production 13 numbers TRAN 009506 and 009507. 14 (Plaintiff's Deposition 15 Exhibit 660 marked for 16 identification.) 1 7 (Witness peruses said 1 8 ' document.) 19 BY MR. TALLON: 2 0 Q: The question that I had asked you 2 1 was whether you recollected that as a measure 2 2 of dealing with the fumes created in their 2 3 manufacturing process, R.I.C. had its 2 4 employees, or certain of their employees wear 2 5 a hood, and now I will ask you whether. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11226 __________ - _________ ___________________ __________________ 2 1 1 having reviewed this call report, you 2 recollect that that was the case. 3 A: I recollect the situation, having 4 read this call report, but this was not - 5 the hood that is referred to in this case is 6 purely a - - it was a light cotton or plastic 7 material hood to surround the face and the 8 forehead, to prevent the female workers who 9 were involved with the soldering, that if 1 0 they got their - - if they got material on 1 1 their gloves, of wiping their brow and 1 2 getting liquid Aroclor onto the sensitive 1 3 skin of their foreheads. 14 Q: Did you write this memorandum? 1 5 A: I was the salesman attending 1 6 R.I.C. at this point in time. I certainly 1 7 dictated it. I'm not sure that's my 1 8 signature at the end, so -- 1 9 Q: Was it part of your job to record 2 0 call reports after making a visit to a 2 1 cu s tome r ? 2 2 A: It would be my normal practice. I 23 mean, one could communicate different ways. 2 4 I, when I was a salesman, as opposed to a 2 5 product supervisor, then I would normally, I Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11227 ________ __ ____________ . . _____________ _____________ 2 2 1 would normally niak^ a call report of a 2 customer visit. 3 Q: At this point in 19 6 5, do you . 4 recall precisely what your position was? 5 A: I was a salesman in the United 6 Kingdom, handling, amongst other products, 7 dielectric fluids. 8 Q: And does that, does the date of 9 this memo and your recollection that you were 1 0 a salesman at this time assist in any way in 1 1 pinpointing in your recollection the date 1 2 when you became Product Supervisor for 13 Dielectric Fluids? 1 4 A: Well, in ' 65 , I was obviously 1 5 still -- let me explain. At this time, 1 6 Monsanto was moving its headquarters from, 1 7 from London, England, to Brussels, Belgium, 1 8 and so when I .was in England, I was a 19 salesman for product lines, including 2 0 dielectrics. There was then a period when I 2 1 was selling dielectric periods on a broader 2 2 European base based in England. I then moved 2 3 to Brussels. At about the time that I moved 2 4 to Brussels, my job shifted from that of 2 5 salesman for product lines, including Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11228 __________ ______________ ._______ _____________ ;_________ 23 1 dielectric fluids, to becoming a Product 2 Supervisor for Dielectric Fluids. 3 Q: At the time you wrote this call ' 4 report, you were a salesman? 5 A: Iwas a salesman. 6 Q: And that would suggest, would it 7 not, that you did not yet become product 8 supervisor by the beginning of March 1965? 9. As I don't recall. 1 0 Q: All right. 1 1 A: BUt this is likely, that I was a 12 salesman in England at the time Of March 13 1965. _ 14 MR. TALLON: I don't mean to make 15 too much of this, but I do want to get this 1 6 date. 17 Could we please mark as Exhibit, 1 8 661 a two-page document bearing production 19 number 60000110 is and 111. 2 0 (Plaintiff's Deposition 2 1 Exhibit 661 marked for 22 identification.) 2 3 (Witness peruses said 2 4 document.) 2 5 A: Yes . Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11229 _________ __________ . _________ 24 1 BY MR. TALLON s 2 Q: Is that your CV, Mr. Wood? 3 A: Yes, it is. 4 Q: Does reviewing Exhibit 661 refresh 5 your recollection as to the precise dates 6 when you became product supervisor and when 7 you terminated your responsibilities as 8 Product Supervisor for Dielectric Fluids? 9 As Yes, it does. I became product 1 0 supervisor on November the 1st, 1966, and I 11 left that position in January of 1968. 12 Q: Does this curriculumvitae 1 3 accurately reflect your positions with 1 4 Monsanto through May 1st, 1982? 1 5 As Yes. 1 6 Q: All right, thank you. 1 7 Do you recall, Mr. Wood, the 18 circumstances under which you first learned 19 of the work performed in Sweden by Sorjen 20 Jensen and his colleague or colleagues? 2 1 As I received a letter from our agent 2 2 in Sweden in which they told me of some press 2 3 reports in two Swedish newspapers, reporting 2 4 on the work of an analytic chemist researcher 2 5 called Sorjen Jensen. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11230 . ___________ - '_________ ______________ , ___________ 25 1 Q: And upon receipt of this letter, 2 what did you do with the information that was 3 contained in it? 4 A: I contacted my colleagues in St. 5 Louis and asked them to help me to understand 6 what product was being discussed in Sweden 7 and to understand if, in fact, chlorinated 8 polyphenyl material was being discussed or 9 not. 1 0 Q: Did you have doubts as to whether 11 or not the material being- examined by Sorjen 12 Jensen was, in fact, polychlorinated 13 biphenyls? 14 A: Yes, I did. 15 Q: And why was that? 1 6 A: The early information from, from 17 Sweden was talking about a material which 1 8 they described as a derivative of biphenol, 1 9 b-i-p-h-e-n-o-1, and yet some of the 2 0 industrial, applications alluded to in Mr. 2 1 Jensen's report suggested that there were 2 2 applications involved where I knew that a 2 3 chlorinated diphenyl, d-i-p-h-e-n-y- 1 , were 2 4 used, and so I was trying to get a response 2 5 to the question that was asked by our Swedish Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11231 26 1 customers, is there a chemical terminology 2 issue here, what are we talking about, what 3 chemical material do we believe is the 4 subject of Sorjen Jensen's investigation, 5 Q: You alluded earlier in your 6 testimony today to a contact that you made 7 with Paul Benignus, and a moment ago, you 8 said that you contacted colleagues in St. 9 Louis. Were you indicating Mr. Benignus in 1 0 your more recent answer? 11 A: I certainly, at that time, would 12 have -- my immediate reaction would have been 1 3 to have talked to Mr. Benignus. 14 Q: Do you recollect whether you spoke 1 5 directly to him? . 1 6 A: I don't recall. , 1 7 Q: Do you recall having communicated 1 8 with anyone other than Mr. Benignus after you 19 received information from your agent in 2 0 Sweden regarding the Jensen work? 2 1 A: Following my initial inquiry to, 2 2 to the United States and in St. Louis, there 2 3 were a number of contacts that I developed 24 over the next few months with people in St. 2 5 Louis concerning gathering data about what Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11232 ___________ . ___________ ________________ 27 1 was the subject of what we had learned in 2 Sweden. 3 Qs Did you communicate with Monsanto 4 employees in St. Louis about the possibility 5 that the substances being studied by Jensen 6 were not biphenyls but were biphenols? Did 7 you follow that? 8 A: No, I didn't. You are going to 9 have to re trace that one. 1 0 Q: Okay, you had testified a moment 11 ago that early information from Sweden talked 1 2 about a derivative of biphenol, p-h-e-n-o-1, 1 3 yet you believe that because of some of the 14 industrial applications being discussed in 15 the Jensen's work, you believed that the 1 6 substance involved could have been diphenyl, 1 7 d-i-p-h-e-n-y -- am I spelling that right? 1 8 Biphenyl as in polychlorinated biphenyl. Did 1 9 you discuss that possible discrepancy with 2 0 your colleagues in St. Louis? 2 1 A: I corresponded about it, but 2 2 again, I want to reemphasize that one of the 2 3 issues at that time was we were talking about 2 4 selling chlorinated diphenyl with a "d, 11 not 2 5 a "b," and so this biphenol, I mean we had an Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11233 _________ . -__________ _________ ________2_8 1 obvious interpretation issue about what 2 chemical material were we talking about . 3 Q: Well, what is the difference, in 4 your mind, between diphenyl and biphenol? 5 A: Biphenol contains hydroxyl groups, 6 and there are biphenyls, biphenols, 7 diphenyls, and these are different chemical 8 mat erials. 9 Q: Biphenols are not polychlorinated 1 0 biphenyls. Biphenols, o-l-s, are not 11 polychlorinated biphenyls, y-l-s? 12 A: They are not. 1 3 Q: And diphenols are a type of 14 polychlorinated biphenyl? 1 5 A: No. 1 6 Q: No? 1 7 A: Diphenyl or diphenol. Let's be, 1 8 really, sort of overstated. I mean diphenyl 1 9 or diphenol? 2 0 Q: That's a very good suggestion, and 2 1 perhaps the best way to ask the question is 2 2 to ask you, was Monsanto selling diphenyl, 23 y-1? 2 4 A: We were selling diphenyl, 2 5 unchlorinated, just the material diphenyl. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11234 _______________;_____________ ;_______ . ___________ 1 Q: All right, and what industrial 29 2 applications in Sorjen Jensen's work did you 3 believe to be associated with diphenyl? 4 A: None. I -- some of the 5 applications alluded to by Sorjen Jensen 6 .suggested that they were similar applications 7 to chlorinated diphenyls except he was 8 alluding to discovering chlorinated 9 biphenols. . 1 0 Q: And was that discrepancy or 1 1 ambiguity ever cleared up, in your mind, why 12 he was referring to biphenols, and you 1 3 believe that the applications referred to 14 another type of chemical substance entirely? 15 A: It took some time to, just to 1 6 clarify what, indeed, were all the parties 1 7 talking about. 18 Q: And was it clarified eventually? 1 9 A: Eventually, but not in a short 2 0 period of time. 2 1 Q: By what time would you say that it 2 2 was clarified what all the parties were 2 3 talking about? 2 4 A: I think a year or two later, 2 5 people were. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11235 ___________________ ________ '. ________ ________ 30 1 Q: And do you recollect how it was 2 that the ambiguity was clarified? 3 MR. ZIMMER: Talking, now, about 4 in his mind? 5 MR . TALLON : Yes . 6 A; I need to move forward to 1974. 7 BY MR. TALLON: 8 Q: Allright. 9 A: Because the document that you 10 showed me a moment ago, which was my 11 curriculum vitae, which showed that I was 12 away from the chlorinated biphenyl circuit 1 3 from 1968 until 1974, when I became 1 4 reinvolved with what were then known as 1 5 chlorinated biphenyls if, PCBs, when I moved 1 6 to the United States in 1974, it became clear 1 7 in 1974 to me that'during that intervening 1 8 period, any doubts that the technology had 19 not been resolved, had been resolved in that 2 0 intervening period and that materials that 2 1 were now labeled as PCBs, chlorinated 22 biphenyls, were present in the environment. 2 3 But that had not been totally clarified by 2 4 the time I moved into another function in a 2 5 nonrelated chemical area in 1968. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11236 _______________________._________ , . . _________ , . __________ 31 1 Q: When you state in your testimony 2 that the technology had been resolved, do you 3 mean detection technology? 4 A: Identification, detection, yes. 5 Q: And are you referring specifically 6 to gas chromatography, or.mass spectrometry, 7 or both when you refer to the technology, or 8 something else entirely? 9 A: I, I am referring to the fact that 1 0 ultimately, a combination of chromatography 1 1 and mass spectroscopy became a very useful 1 2 tool to the chemical industry during this 1 3 period of the late Sixties and the early 1 4 Seventies in enabling the industry to more 1 5 clearly identify what they were finding in 1 6 small levels in the environment. 1 7 Q: Did you learn at any time what 1 8 technology Sorjen Jensen had used in order to 1 9 report the results of his study? 2 0 A: Sorjen Jensen was involved with 2 1 some early work in the evolution of the 2 2 combination of gas chromatography and mass 2 3 spectroscopy. 2 4 Q: The equipment was available to 2 5 perform gas chromatography tests and mass Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11237 . ____________. ____________________________ 32 1 spectroscopy tests before 1970? 2 MR. ZIMMER: Available to who? 3 A: Available to whom? 4 BY MR. TALLON: 5 Q: Available to Sorjen Jensen. 6 A: I can't speak to that issue. I 7 was never involved in terms of any 8 investigation, either in Europe or the 9 U.S.A., in equipment availability at that 10 point in time. 11 Q: Did you visit with Sorjen Jensen 12 in Sweden ? 1 3 A : Yes, I d i d . 14 Q: Did you discuss with him what 1 5 technology he used in order to - - on which he 1 6 based his report? 1 7 A: Yes, I did. He gave me, he gave 1 8 me details of his work, and that I sent to 1 9 people better qualified than myself to 2 0 understand what his work had been doing in 21 technicaide tail. 2 2 Q: Did he tell you what equipment he 2 3 had used in order to perform those studies? 2 4 A: Yes, he did. It was included in 2 5 his working papers. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11238 ___________________ _________________ ;________ 3 3 1 Q: Do you recollect as you sit here 2 today what equipment he told you he used in . 3 order to perform his studies? 4 A: It was some new equipment 5 developed by a Swedish company, because part 6 of the reason for his reported work at that 7 time was the beginning of that company's need 8 to introduce the fact that they haddeveloped 9 what they considered to be new equipment, and 1 0 they were trying to interest the technology 11 community in its potential use. 12 Q: How would you identify that new 1 3 equipment? What was it called? 14 A: I don't recall. It was a 1 5 combination in some format of gas 1 6 chromatography and mass spectroscopy. Boy, 1 7 these-- , 1 8 Q: It's one of those cases, Mr. Wood. 19 MR. TALLON: Can we please mark as 2 0 the next exhibit in order a document bearing 2 1 production numbers TRAN 056461 through 463, 2 2 dated November 28, 1966? And that'll be 2 3 Exhibit 6 6 2 . 2 4 (Plaintiff's Deposition 2 5 Exhibit 662 marked for Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11239 ______________________ _________________ . ____________________________34_ 1 identification.) 2 (Witness peruses said 3 document. ) 4 A: Ye s. 5 BY MR. TALLON: 6 Q: Do you, or rather, can you 7 identify the document which has been put 8 before you and has been marked as Exhibit 9 662? 10 A: This is a letter from Monsanto's 11 agent in Sweden, Rising & Strand, to me, in 12 Monsanto Europe's office in Brussels, 13 Belgium. 14 Q: Do you recollect havingreceived 1 5 this letter in late November 1966 or early 1 6 December of that year? 1 7 A: Yes,Ido. 1 8 Q: Upon receiving this letter, do you 19 recollect whether or not you communicated 2 0 with the author of this letter? 2 1 A: I responded to the author of this 2 2 letter after I had asked some questions of my 2 3 colleagues in St. Louis, to try to clarify 2 4 was this a Monsanto manual, was it a product 2 5 manufactured by our company andothers in Gore Reporting Co., Inc. Si. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11240 V _________________ ___________ _________ 3 5 1 Europe and used in Sweden, or were we talking 2 about a different chemical material. 3 Q: What is the name of the author of 4 thisletter? 5 A: The name, at the f o.o t of the letter 6 is Ola, 0-1-a, and I don't recall Ola's last 7 name . 8 Q: Did you send copies of this letter 9 to colleagues in St. Louis? 1 0 A: Yes, I did. 1 1 Q: Do you recall to whom you sent 12 copies? 13 A: I would probably have sent it to 14 Paul Benignus, but I can't be sure of that , 1 5 that he was the only person to whom I sent 1 6 it. . 1 7 Q: Did you consider this to be a 1 8 serious matter when you have received this 19 letter? 2 0 A: I- considered that the - - let me 2 1 rephrase this. I was concerned that if, 2 2 indeed, it was a Monsanto product that was 2 3 being alluded to by Sorjen Jensen in his 2 4 comments to the press, that the way the press 2 5 were reporting his comments certainly cast a Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11241 _______________ ________ _________ ___________ ;_______ 36 -1 very new and different light on a chemical 2 m a terial that if, indeed, it were ours, was 3 not consistent with my understanding of the, 4 of the industrial hygiene situation that we 5 were describing to our customers. I recall 6 that a term such as "poison" were used in 7 the, in the headlines of the reports, and so 8 yes, I was concerned, but -- that if, indeed, 9 our products were involved, that they were 1 0 being, that they were being characterized in 1 1 a way that was not consistent with their - 12 with reality. 13 MR. TALLON: I want to show you 14 another copy of this same letter which we'll 1 5 mark as the next exhibit in order, 663. 16 (Plaintiff's Deposition 1 7 Exhibit 663 marked for 1 8 identification.) 19 BY MR. TALLON: 2 0 Q: And the purpose of my doing so, 2 1 Mr. Wood, is to ask you whether or not you 2 2 recognize the handwriting that appears on the 2 3 first page of that letter, now Exhibit 663, 2 4 which appears to say, "This is not biphenyl." 2 5 A: Yes, I do recognize the writing. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11242 __________ ________________________________________________ 3 7 1 That is Paul Beni gnus' writing. 2 Q: And Mr. Benignus was in the United 3 States, so far as you know, his regular 4 off ice station was in the United States, 5 and - - 6 A: Yes, he was in St. Louis, 7 Missouri,U.S.A. 8 Q: After you sent a copy of the 9 Rising & Strand letter to St. Louis, do you 10 recall what happened next, whether you were 1 1 asked to do anything or whether you were 1 2 asked for information from Monsanto employees 1 3 in St. Louis? 1 4 A: Ultimately, as part of a visit 1 5 that I made to Sweden, I visited with Sorjen 1 6 Jensen and, and reported back to St. Louis 1 7 further information about the work that he 1 8 had been doing and gave them further 19 information about how his work had started, 2 0 what was the extent of his work, and where 2 1 his work might take him next. 2 2 Q: But after - - I want to focus you 2 3 for just a moment, if you will, on the time 2 4 in late 1966 when the Rising & Strand letter 2 5 came to you, you sent it on to St. Louis; is Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11243 ______________________________________________________ _______________ 38 1 t ha t c o r r e c t ? 2 A: Yes, that is correct. 3 Q: Do you recollect the initial 4 response of your colleagues in St. Louis to 5 their receipt* of this letter or a copy of 6 this letter from you? 7 A: Their immediate response is 8 typified, I guess, by what I'm - - what I read 9 here and what I read then is that my 1 0 colleagues would say, "Hey, there is a 1 1 chemical characterization issue here, that 1 2 bipheno1 is not biphenyl, and therefore, we 1 3 will have to do further questioning to find 1 4 out what is the reality of the work that Mr. 1 5 Jensen is doing in Sweden and - - 1 6 MR. TALLON: Let me have marked as 1 7 the next exhibit a one-page memorandum that 1 8 has a production number on it STR 017 90. 19 THE WITNESS: Are we going back to 2 0 these,or-- 2 1 MR. TALLON: I think it would be 2 2 useful to just have that. 2 3 THE WITNESS: All of them? 2 4 MR . TALLON : Yeah . 2 5 (Deposition Exhibit 664 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11244 _____________________________________________________ __________ _3_9 1 marked for identification.) 2 (Witness' peruses said 3 document . ) 4 THE WITNESS : Yes. 5 BY HR. TALLON: 6 Q: Do you recognize or can you 7 identify this document, Mr. Wood? 8 A: This is a letter, which I sent to 9 George Buchanan, who was Paul Benignus' 1 0 superior in St. Louis, and again, I was 11 seeking to try to get clarification of what 1 2 are we seeing in Sweden, what is this 1 3 confusion that is reigning in Sweden in terms 14 of what chlorinated entity is the subject of 1 5 publicity in Sweden at the present time, what 1 6 action should be we be taking, what should 1 7 Monsanto's response, appropriate response'be. 1 8 to an unclear environmental issue report. 19 Q: Do you recollect Mr. Buchanan's 2 0 title in December 1966? 2 1 A: December 1966, he was probably 2 2 director of Functional Fluids or Specialty 2 3 Chemicals. One name or the other was the, 2 4 was the group operation name at that point in 2 5 t ime . Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11245 _________ . ____________________ _________________ _____________ _______ 4_0 1 Qs Dr. Emmett Kelly is listed as a 2 copyee on this memorandum. He was the 3 medical director in St. Louis at the time? 4 A: Yes, he was. 5 Qs And D. V. N. Hardy in London, was 6 he your superior? 7 A: No, D. V. N. Hardy in London was 8 essentially the medical expert, consultant in. 9 product safety issues in. our London office. 1 0 Q: And the memorandum is also copied 1 1 to R. A. Steinrod in St. Louis. Do you 12 recall who that gentleman was? 1 3 A: Mr. Steinrod had a position 1 4 relative to international marketing. He 1 5 would be involved in part of the 16 communication of where we were selling 1 7 products that were made in the United States 1 8 outside of the United States, then you would 1 9 have somebody responsible for administrating 2 0 and communicating with the world areas, and 2 1 that was Mr. Steinrod's role. 2 2 Qs And Mr. Arpino in Brussels, who 2 3 was that ? 2 4 As Mr. Arpino worked with me in the 2 5 fluids area, in the marketing of fluids in Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11246  _______________ ;__________;________________;_______________ 4 1 1 Europe. 2 Q: Do you know whether this 3 particular memorandum dated the 1st of 4 December 1966 was your first communication 5 with Monsanto employees in St. Louis about 6 the Sorjen Jensen work? 7 A: I received the letter from Rising 8 & Strand very late in November, so I may have 9 had a telephone conversation, but this, I 1 0 believe, was probably the first - - it was the 11 first or the second, it. was early in the 1 2 correspondence chain with St. Louis. 1 3 Q: The first line of the memorandum 1 4 refers to a letter, a copy of a letter being 1 5 attached to the memorandum. It's refers to a 1 6 letter received from Ola Palm in Stockholm. 1 7 Is Ola Palm the Ola who you believe authored 18 the letter from Rising & Strand? 1 9 A: Yes, he is. 20 . Q: So the letter referred to in the 2 1 first line of the first paragraph is the 2 2 Rising & Strand letter which has been earlier 2 3 marked as an exhibit in this deposition? 2 4 . MR. ZIMMERs You mean that 2 5 particular letter? Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11247 42 1 MR. TALLON: Right. 2 MR. ZIMMER: As opposed to one of 3 some other date. 4 MR. TALLON: That's correct. 5 A: I can't state that categorically. 6 BY HR. TALLON: 7 Q: Do you having received 8 another letter from Rising & Strand before 9 the 1st of December 1966 which discussed the 10 situation with Aroclors in Sweden? 1 1 A: I don't recall such, but the same 12 extent, I'm sure you don't want me to 1 3 speculate. 14 Q: No, I don't want you to speculate 1 5. but I do want you to tell me whether you 16 recall any other - 1 7 A: I don't recall whether this was 18 the other that I attached to this memo. 1 9 Q: Do you have any doubts as to 2 0 whether or not' it is? 2 1 MR. ZIMMER: Argumentative, calls 2 2 for speculation. 2 3 BY MR. TALLON 2 4 Q: You can answer. 2 5 MR. ZIMMER: If you have a Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11248 __ ________________ ._____________________________________ ________4 3 1 different answer than you've already given. 2 A: I thought I'd given the answer to 3 that qu es tion. 4 MR. ZIMMER: You have about three 5 times, but you can. 6 MR. TALLON: Well, I'm going to 7 ask the question again, and the question is, 8 do you have any doubt that the Rising & 9 Strand letter which we have looked at in this 1 0 deposition as an exhibit is the letter which 11 was attached to this memorandum to Mr. 12 Buchanan in St.Louis? 13 MR. ZIMMER: Same objections. 14 A: I have some doubt. 1 5 BY MR. TALLON: 1 6 Q: And upon what is that doubt based? 1 7 A: Because I can't with certainty 1 8 recall that this was the letter that was 19 attached to that cover memo. 2 0 Q: Do you recall having received any 2 1 other correspondence from Rising & Strand 2 2 before the 1st of December19 66 which was the 2 3 subject of your writing to Mr.Buchanan? 2 4 A: I received correspondence from 2 5 Rising & Strand frequently. Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11249 44 1 Q: Understood, but the specific 2 question, Mr. Wood, is whether you recall 3 getting a letter from Rising & Strand which 4 was the subject of correspondence between you 5 and Mr. Buchanan at - 6 A: No, I don't recall any other 7 letters. 8 Q: Okay, thank you. 9 The memorandum of December 1st, 10 1966, states that "I have sent copies of this 1 1 letter also to the appropriate departments 12 within our own organization." Do you know 1 3 what departments are referred to in that 14 sentence? 1 5 As D. V. N. Hardy in London and 1 6 Adolfo Arpino in Brussels. 1 7 Q: The memorandum goes on to state .1 8 that, "In consideration of the importance we 1 9 are placing on development of the Swedish 2 0 market for Aroclor over the next five years, 2 1 we would be grateful if you could arrange for 2 2 this information to be considered by the 2 3 appropriate departments in St. Louis and 2 4 their comments transmitted to us as soon as 2 5 possible." Do you see that? Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11250 _____________________________ __________ __________ ._________ 4J5 1 A: Barely, but yes. 2 Q: Do you recall whether in 1966 you 3 had a business plan to develop a Swedish 4 market for Aroclor? 5 A: Sweden at that particular point in 6 time was within the European Free Trade 7 Organization, as opposed to being within the 8 Common Market. Our production plan for 9 chlorinated biphenyls was in the United 1 0 Kingdom which was also part of the European 11 Free Trade Association. There was, 12 therefore, a preferential duty for material 13 flowing from England to Sweden, and 14 therefore, Sweden was a target market for 1 5 supply from our United Kingdom plant that was 1 6 making this class of materials. 1 7 Q: So it was your hope to establish 1 8 a, establish or grow a market for Aroclor in 19 Sweden? 2 0 A: There was a market for dielectric 2 1 fluids in Sweden. It was my intention to 2 2 grow Monsanto's position in that marketplace. 2 3 Q: Did you - - by the way, Mr. Wood, 2 4 after you communicated initially with your 2 5 colleagues in St. Louis about the Sorjen Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11251 ______________________________ ;_______________;__________________________ .________ 4 6 1 Jensen work, do you recollect having any 2 communications by telephone, as opposed to 3 communications in writing about the subject 4 of the Sorjen Jensen work? 5 A: No, I don't. 6 Q: Did you travel to the United 7 States, as best you recall, in December 1966 8 or the first quarter of 1967 for the purpose 9 of meeting with your colleagues in St. Louis? 1 0 A: I made one trip to St. Louis in 1 1 the period that I was in the position of 12 Product Supervisor for Dielectric Fluids in 1 3 Europe. When that visit was, precisely, I do 1 4 not recall. 1 5 Q: Do you recall if that visit was, 1 6 in part or in whole, in connection with the 1 7 issues raised by Sorjen Jensen's work? 1 8 A: It -- I'm pretty sure it wasn't. 1 9 This was part of a developmental visit that I 2 0 was to -- to visit the United States to - 2 1 for routine exposure to the people in the 2 2 extended business organization. 2 3 MR. TALL ON: Let me show you. a 2 4 document that's a one-page memorandum bearing 2 5 production number TRAN 056624 and is dated Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11252 ______________________________ ;________ ;________ ___________________________ 47 i December 12, 1966. I'm going to have the 2 court reporter mark that as Exhibit 665. 3 (Plaintiff's Deposition 4 Exhibit 665 marked for 5 identification.)- 6 (Witness peruses said 7 document.) 8 THE WITNESS : Yes. 9 B Y MR. TALLON: 1 0 Q: Can you identify that document, 1 1 please, Mr. Wood? 1 2 A: This is a memo to me from Dr. 1 3 Emmett Kelly from our Medical Department in 14 the United States in December of 1966. 15 Q: Do you believe that this refers to 1 6 the work of Sorjen Jensen which was referred 1 7 to in the Rising & Strand letter? 1 8 A: Yes, I do. 19 Q: At any time after you learned 2 0 about Sorjen Jensen's work initially, Mr. 2 1 Wood, did you provide or were you in the 2 2 chain of providing Aroclor samples to Sorjen 2 3 Jensen? 2 4 A: Sorjen Jensen, in the following 2 5 year, when we visited and met with him, asked Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11253 , . __________ ________ 1 about samples of certain chlorinated 48 2 materials which were not materials of 3 commerce. That request was relayed to the 4 people competent to provide them, and whether 5 or not they were eventually, provided, I'm not 6 c er tain. 7 Q: You did not provide any - 8 A: I did not take in my hands samples 9 of chlorinated polyphenyl isomers and' say, 1 0 "Sorjen, here are some pure isomers." 1 1 Q: When you referred to not -- a 1 2 product or a substance that was not <; 1 3 commercial. You were referring to the 1 4 isomer, as opposed to a blended product? 1 5 A: I've got to make a correction in 1 6 your question. 1 7 Q: Okay. 1 8 A: You talk about blended product. 1 9 When you chlorinate biphenyl, you produce a 2 0 mixture of isomers. You do not produce 2 1 isomers and then blend them together to 2 2 produce a commercial product. The mixture of 2 3 isomers is the product of chlorination of 2 4 biphenyl, so what Mr . - - what Dr. Jensen was 2 5 looking for were some pure isomers of Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11254 _______________ ;______________________ ;_______________________________________4 9 1 chlorinated biphenyl materials, and those you 2 cannot produce by a straightforward 3 chlorination of biphenyl separation. You 4 have to go through some rather exotic 5 synthesis means to produce specific isomers 6 and not just a big mixture of isomers of 7 chlorinated: biphenyls . 8 Q: Did ybu acquire an understanding 9 from Sorjen Jensen why he was looking for 1 0 individual -- and tell me if that's not the 1 1 correct technology -- or, terminology -- . 12 isomers? 1 3 A: Yes, because the, the hypothesis 1 4 of Sorjen Jensen was that if he had some pure 1 5 isomers which were components of the mixture 1 6 of chlorinated biphenyls, that he might be 1 7 able to associate these with the peaks that 1 8 he was discovering in the spectrographs, and 19 therefore, clarify and identify was the 2 0 chemical material that he was seeing, that he 2 1 thought they was he was seeing, indeed a 22 biphenyl ring chlorinated to different high 2 3 1 eve Is. 2 4 Q : D o y o u re call what specifically he 2 5 asked Monsanto to provide to him? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11255 ___________ ______________ ________ ________ 50 1 A: He was asking if we have small 2 milligram quantities of pure isomers of 3 higher chlorinated biphenyls which he 4 believed that he was seeing in his spectrum 5 of peaks in his spectrographs. 6 Q: When you used the term "more 7 highly chlorinated biphenyls," to what do you 8 refer? 9 A? Most of the work that Jensen 1 0 seemed to be reporting at that time was 11 alluding to finding a chlorinated material 12 but which was very highly chlorinated. He 13 wasn't talking about a lightly chlorinated 14 material, he wastalking about a high ratio 15 of chlorine to hydrocarbon in the molecules. 1 6 Q: And when you used the term "high 1 7 ratio of chlorine to hydrocarbon in the 1 8 molecules, what ratio do you refer to? 19 A: To relate t hat purely 2 0 hypothetically toa chlorinated biphenyl, we 2 1 would.be talking penta, hexa, hepta, 22 oxychlor, the high end of saturation with 2 3 chlorine of the ring. 2 4 Q: Did you have any communications, 2 5 Mr.Wood, with a Mr. Richardson of Shell Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11256 __________________ ___________ ______________ 5 1 1 Chemicals Tunstall Laboratory in Sittingborn 2 Kenton the subject of Sorjen Jensen's work? 3 A: I'm not sure I did. I believe 4 Monsanto did. 5 Q: And by "Monsanto, " are you ' 6 referring to Mr. Hardy? 7 A: I believe there was some contact 8 at that period between Dr. Hardy and, and 9 Shell. 1 0 Q: Would you please relate what you 1 1 recall about the contact between Mr. Hardy, 1 2 Dr. Hardy and Shell? 1 3 A: Very little. 14 Q: All right, could you tell me what 1 5 you remember? 1 6 A: Well, I don't remember. I know 1 7 that there was contact between Dr. Hardy and, 1 8 and Shell. I do not recall details of that 19 communication. 2 0 Q: Let me show you a document which 2 1 we'll have the court reporter mark as Exhibit 2 2 666, a one-page memorandum bearing production 2 3 number TRAN 007566. 2 4 (Plaintiff's Deposition 2 5 Exhibit 666 marked for Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11257 ________________ 1 - __________ ___________ identification.) . ___________ 52 2 (Witness peruses said 3 do cument. ) 4 As Yes. 5 Q: Does having reviewed that exhibit, 6 Mr. Wood, refresh your recollection in any 7 respect as to the communications or your 8 knowledge of the communications between Dr. 9 Hardy and Shell? 10 ; A: It reminds me that Shell had, 1 1 themselves, become aware of the publication 12 of the paper by Sorjen Jensen in Sweden and 1 3 that they contacted Dr. Hardy to again 14 further get into the dialogue, which was now 15 becoming a multilog, between people as to 1 6 what chemically are we, what chemically are 1 7 we really seeing in the Swedish area. 1 8 Q: Do you recollect Dr. Hardy ' 1 9 communicating to you that Shell believed that 2 0 the polychlorinated biphenols referred to in 2 1 the Swedish press were, in fact, 2 2 polychlorinated biphenyls? 2 3 A: Yes, I do recall that. 2 4 Q: Do you recall what, if anything. 2 5 Dr. Hardy said to you about the -- that Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11258 . ________________________ ________________________ ____________ 5 3 1 belief communicated to him by Shell? 2 As That again, this was one more 3 voice suggesting that, that the materials 4 that Sorjen Jensen was seeing could.be, 5 perhaps we re, chlorinated biphenyls, but that 6 this was still an issue that we had not yet 7 got to the bottom of the track in terms of 8 elucidating exactly what was being observed 9 in Sweden. 1 0 Q: When you indicated a moment ago 11 that the dialogue was becoming a multilog, 1 2 did you mean to suggest that a greater number 13 of people were becoming involved in the 14 discussion? 1 5 A: Yes.Yes. 1 6 MR. TALLONs I want to mark as the 1 7 next exhibit, which is - -.you want to take a 1 8 break? 19 THE WITNESS: I want to take a 2 0 break for two purposes. 2 1 (Recess) 2 2 BY MR. TALLON: 2 3 Q: Let me just touch on a couple of 2 4 things which I think will be quick, Mr. Wood. 2 5 During the period of your employment with Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11259 __________ ;____________________;____________________________________ 5_4 1 Monsanto, did you ever have responsibility 2 for sales of products sold under the names of 3 either MCS 153 or Turbinol 153? 4 A: No, I did not. . 5 Q: During the period of your 6 employment by Monsanto, did you ever have 7 responsibility -- strike that. 8 Did you ever communicate with 9 persons you believed to be representatives of 1 0 Texas Eastern Transmission Company? 1 1 A: No, I did not. 1 2 Q: And during the period of your 1 3 employment with Monsanto, did you ever have 1 4 occasion to communicate with persons you 1 5 believed to be representatives of 1 6 Transwestern Pipeline Company? 1 7 A: No, I did no t. 1 8 Q: During the period of your 19 employment with Monsanto, have you ever had 20 occasion to communicate with any customer or 2 1 prospective customer of Monsanto which was in 2 2 the business of natural gas transmission 2 3 through interstate pipelines? 2 4 A: I want you to ask that last 2 5 question again, please. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11260 55 1 THE COURT REPORTER 2 " Q. During the period of your 3 employment with Monsanto, have you ever had 4 occasion to communicate with any customer or 5 prospective customer of Monsanto which was in 6 the business of natural gas transmission 7 through interstate pipelines?" 8 A: Yes. 9 BY MR. TALLON: 10 Q: And what customer are you . 1 1 referring to, or prospective customer? 12 A: In that part of my responsibility 1 3 which involved dielectric fluids as they were 14 utilized in transformers, from time to time I 15 am -- I do recall that I was asked questions 1 6 about transformer maintenance issues by 17 people who used transformers on natural gas 1 8 pipelines. 1 9 Q: Transformers, 2 0 t rans f ormers ? 2 1 A: Electrical transformers. 2 2 Q: Are you familiar with the 2 3 terminology "open system" and "closed 2 4 system"? 2 5 A: Yes. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11261 __________ . ___________________ ________ .______________ 5 6 1 Q: And is a transformer a closed 2 system? 3 A: Yes, it is. . 4 Q: Is a capacitor a closed system? 5 A.: Y e s , it is. 6 MR. TALLON: Let me show you a 7 document which we'll ask the court reporter 8 t o mark a s Exh ibit 667. It's a mu ltipage 9 memorandum with an attachmentbearing 1 0 production numbers TRAN 05947 through 085953. 11 . (Plaintiff's Deposition 12 Exhibit 667 marked for . 1 3 identification.) 14 (Witness peruses said 1 5 do cument. ) 1 6 THE WITNESS : Yes . 1 7 BY MR. TALLON: 1 8 Q: Can you identify this ex hibit, Mr. 1 9 Wood? 2 0 A: This is a memo that I used to 2 1 communicate to my colleagues in St. Louis 2 2 following a visit that I made to Sweden !n 2 3 January of 1967. As a part of that visit, I 2 4 took the opportunity to meet with Sorjen 2 5 Jensen, who had made some statements about Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11262 __________ .________ _______ ___ ________ .________________________ 57 1 his work in December of 19 6 6 which had led to 2 certain articles appearing in the Swedish 3 press. 4 Qs Are the statements you've just 5 referred to the statements which were 6 communicated to you in the Rising & Strand 7 letter? 8 A: These are they. 9 Q: Do you recall where Sorjen Jensen 1 0 was physically located when you visited with 1 1 him in Sweden in 196 7 ? 12 A: He was associated with a 1 3 technology institute in Sweden called the C'tA.r* i ''ifccL.- 1 4 earlia Canc^~Institute . 1 5 Q: And where, what location, in what 1 6 location was that institute? , 1 7 A: That was in Stockholm. 1 8 Q: Did you visit with Mr.Jensen or 19 Dr. Jensen in his office in Stockholm, then? 2 0 A: I visited with him in the 2 1 institute. I don't recall whether it was his 2 2 office, or in a conference room, or -- 2 3 Q: Were you accompanied by anyone on 2 4 your meeting with Sorjen Jensen? 2 5 A: I was accompanied by our local Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11263 _______ _____________;_______ ______________ 1 representative. 58 2 Q: And who was that? . 3 A: OlaPalm. 4 Q: Ola Palm. And was Sorjen Jensen 5 accompanied by anyone? 6 A: I --there was communication with 7 two people in that area, both Dr. Jensen and 8 Dr. Widmark. I don't recall whether we met 9 Dr. Widmark at the same meeting or 1 0 s eparately. 11 Q: You are referring to Gunar 1 2 Widmark? 1 3 A: I believe his first name was 1 4 Gunar. . 15 Q: And did you make any handwritten 1 6 notes of your meeting with Sorjen Jensen? 1 7 A: I probably, I probably did. 1 8 Q: Do you recollect whether you saved 1 9 those in any file after your meeting? 2 0 A: Ididn't. 2 1 Q: You didn't? 2 2 A: Ididnot. I communicated based 2 3 on my notes at the meeting and then sort of 2 4 destroyed the -- normal practice, no use 2 5 keeping handwritten notes when you've Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11264 _________;_______________________:__________;___________ . .__________5_9 1 communicated,the context of what you wanted 2 to - - 3 Q: Is Exhibit 667 a memorandum based 4 in part on your, the notes of your meeting 5 with Sorjen Jensen? . 6 A: Yes, it is. 7 Q: And did you draftthis memorandum 8 on or about 26 January 1967? 9 A: Yes. 1 0 Q: Was it part of your job 1 1 responsibilities to do so? 1 2 A: Yes. 1 3 Q: And did you intend for the 14 recipient, Mr. Buchanan, and the copyees, to 1 5 rely on the information which you included 1 6 within the memorandum? 1 7 A: I expected them to accept and rely 1 8 on this memo as my understanding of what I 1 9 had heard in Sweden and to come back to me 2 0 and give me guidance as to did this raise in 2 1 their mind any other questions, any other 2 2 issues that would need further, further- 2 3 investigation, further study. 2 4 Q: Did your discussions with Sorjen 2 5 Jensen eliminate in your mind any doubt that Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11265 _______________ ___________ __ ______________ 1 the chemical which is the subject of his 60 2 investigation was chlorinated diphenyl? 3 A: It eliminated from my mind any 4 doubt that what Sorjen Jensen thought he was 5 dealing with was chlorinated biphenyl. 6 Q: Chlorinated biphenyl is an 7 Arochlor? 8 As Chlorinated biphenyl which various 9 types of chlorinated biphenyl were sold by 1 0 Monsanto under a trademark Aroclor. The term 1 1 "chlorinated biphenyl" as used by Sorjen 12 Jensen is not synonymous with Aroclor. 1 3 Q: In what way is it not synonymous? 14 A: First of all, there are many 1 5 producers of chlorinated biphenyls, so there 16 is not an automatic tie-in, chlorinated 1 7 biphenyl equals Aroclor. Secondly, there 1 8 were chlorinated biphenyls that we didn't 1 9 make that were made by other people that were 2 0 used in commerce. Secondly, there were other 2 1 chlorinated materials that had similar 2 2 fingerprints to chlorinated biphenyls, and 2 3 again, there is not an automatic synonymity 2 4 between chlorinated biphenyl and Aroclor. 2 5 Q: And you are using Aroclor in its Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11266 _____ _________________________________ , ___________________________________________________ _____________________________ .. _________________________________ 1 sense as a trade name or trademark for a 61 2 Monsanto product; correct? 3 A: Aroclor was the trademark of 4 Monsanto's used for sales of various types of 5 chlorinated biphenyls. 6 Q: Did you, as a result of your visit 7 with Sorjen Jensen, come, to have some 8 confidence in his work? 9 MR. ZIMMER: I'm sorry, 1 0 "competent" or "confidence"? 1 1 MR. TALLON: Confidence. 1 2 THE WITNESS: Confidence in his 1 3 work . 1 4 MR. ZIMMER: I'm sure. 1 5 A: No, I came from my meeting with 1 6 Sorjen Jensen to understand what his work had 1 7 been about and from what was the origin of 1 8 his work program. I was not, not competent 1 9 or qualified to say that his work was 2 0 definitively correct. 2 1 BY MR. TALLON: 2 2 Q: Did you come away with your 2 3 meeting with Sorjen Jensen with the belief 2 4 that he had no special agenda to prosecute or 2 5 to follow, but that he was an analytical Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11267 __ _______________ ;______________________ _________ . __________6 2 1 chemist dedicated to his research work? 2 As I came away from that particular 3 meeting feeling that Sorjen Jensen had been 4 engaged in some, some analytical research 5 work; he was young; he was obviously seeking 6 to advance in the Swedish technological 7 community, he had made some statements about 8 his work and had been drawn into making 9 comments that took him beyond his area of 1 0 expertise, into speculation, which I came 11 away from (sic) the Sense from these meetings 12 that his own supervisors, Gunar Widmark, had 13 felt that he was not comfortable with the 1 4 extension of remarks that were attributed to 15 Sorjen Jensen as being remarks that Sorjen 1 6 Jensen was qualified to make. 1 7 Q: When you say Sorjen Jensen was 1 8 drawn into making remarks, you mean drawn by 19 themedia, the Swedish press? 2 0 A: I believe so. 2 1 Q: And did you talk with Jensen about 2 2 the, the care that he should - - with which he 2 3 should approach further media inquiries? 2 4 A: I did discuss with him the 2 5 unfortunate aspect that people were hanging, Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11268 6 3- _____________________________ ____ ___________________________________ _________________________________ _______ ___________________________ 1 hanging onto his words things that his words 2 did not support. 3 Q: Did you encourage him to be 4 moderate in his further communications with 5 the press on the subject of his work? 6 A: I encouraged him not to be drawn 7 into areas that were not areas of his 8 specific expertise. 9 Q: Did you emphasize with him a need 1 0 for care in any further publication of his 1 1 work which was made? 12 A: I would like to say that I 13 encouraged him tobe more technically 14 responsible, if that is the connotation in 1 5 which you are using the word "care," yes. 1 6 Q: Actually, it's not a trick 1 7 question, Mr. Wood. I was looking at the 1 8 third paragraph on the second page of your 1 9 memorandum, dated 26 January 1967, which 2 0 states that, "The point that I have made to 2 1 Jensen is the need for care in any further 2 2 publication of his work which is made. " Did 2 3 you - - 24 A: Which paragraph are we talking 2 5 about? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11269 - . ______________ ;__________________ __________ 1 Q: Excuse me; it's the fourth and 2 last paragraph. 64 3 A : Oh . 4 Q: Did you make that statement? 5 A: I wrote that.statement; that is my 6 statement. My intention at the time was that 7 related to responsibility, that he did not 8 appear to be speaking with an expertise that 9 he did not have. 1 0 Qs And I take it from your response 1 1 that your concern was to emphasize to Sorjen 12 Jensen the need to stick to what we knew 1 3 about in dealing with the press? 1 4 As Yes. 1 5 Q: In your communications on that 1 6 occasion with Sorjen Jensen, did you and he 1 7 discuss any issues related to the disposal of 18 PCB wastes? 1 9 A: I do n't recall. 2 0 Q: About how long would you say that 2 1 that initial meeting with Sorjen Jensen was? 2 2 A: It was more than an hour and less 23 than a day. I seem to recall it was either a 2 4 morning or an afternoonmeeting. 2 5 Q: And are you able to state how long Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11270 __________;__________, ___________________________ 65 1 that particular trip to Sweden lasted in 2 totality? 3 As The trip to Sweden, I would 4 probably have visited two capacitor 5 manufacturers, a transformer manufacturer, 6 had some administration with Rising & Strand, 7 our agents, it would normally have been, 8 probably, about three days in Sweden. 9 Q: Do you recall when you arranged to 1 0 make that trip? 11 A: No, I don't. 12 Qs Do you recall from what source you 1 3 obtained a copy of the LKB press release 14 which is attached to Exhibit 667 and which is 1 5 referred to in the text of your memorandum? 1 6 As I would have got that either from 1 7 Ola Palm or from Sorjen Jensen. 1 8 Qs Mr. Wood, that is your signature 19 over the typed name, "D. Wood" on page 3 of 2 0 the memo? 2 1 As Yes, it is. 2 2 Qs Do you recognize the handwritten 2 3 marginalia that appear on the front first 2 4 page of the memo up in the upper right-hand 2 5 corner? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11271 . ______ . _____________ ;__________ 1 As I'm sorry, which words are you 2 drawing my attention to? . 3 Q: In the upper right-hand corner, 66 4 there appears to be a name or some words 5 which are crossed out, in effect. 6 A: I don't recognize that writing. 7 Q: By the way, Mr. Wood, did you ask 8 Sorjen Jensen to -- not at the particular 9 meeting that we've been discussing, but did 10 you ever ask Sorjen Jensen to write a letter 1 1 defining the true extent of his own research 12 work and placing his results in their proper 1 3 perspective as referred to on the bottom of 1 4 page 2 and the top of page 3 of this 1 5 memorandum? 16 A: The bottom of page - - 1 7 Q: 2 of the memo, if you see it 1 8 begins, "I am hopeful that we" and then goes 19 over to the top of page 3. 2 0 (Witness peruses said 2 1 document.) 2 2 A: I don't -- I'm not aware that 2 3 Jensen ever wrote such a letter. 24 Q: Are you aware, or rather, do you 2 5 recollect having asked him to? * Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11272 _________________ ________ ;___________________ ;__________;______________ 1 A: Not directly. I mean,, it- was 67 2 suggested that if questions from the press 3 came up, that at some point in time he might 4 wish just.to make sure that people understood 5 that he was talking as an analytical chemist, 6 he was not talking as a, as a doctor of 7 medicine, he was not talking as an industrial 8 hygienist, he was not talking, you know, from 9 other -- I mean, he was making comments, 1 0 Jensen's work was related to studying 1 1 environmental residues around the DDT 12 studies, and he came around some peaks which 1 3 he was t r ying to identify what were these, 14 and as I said, that was the beginning and end 15 of what Jensen's expertise was. It was 16 analysis of small parts of chlorinated 1 7 materials in the environment. 1 8 Q: Understood, but when you say it 19 was suggested that Jensen not speak as an 2 0 industrial safety expert or so forth, do you 2 1 mean you suggested? 2 2 A: I suggested it was unwise and 2 3 unprofessional for people to speak to the 2 4 press outside their areas of expertise. 2 5 Q: And just to be clear, do you Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11273 _________ ;__________ ______________________________ 68 1 recall asking him to write a letter of the 2 type which is described on the bottom of page 3 2 and the top of page 3? 4 A: I don't think I ever directly 5 asked him to write such a letter, 6 Q: To your knowledge,did anyone else 7 askhimtodoso? 8 A: I don't know of anybody else 9 asking him to do so. 1 0 Q: Were you hopeful, Mr. Wood, in 11 obtaining Sorjen Jensen's cooperation and 12 support in dealing with the emerging issues 1 3 that, among other things, were the subject of 14 the Rising & Strand letter to you in 1 5 November, late November 1966? - 1 6 MR. ZIMMER: What do you mean by 17 cooperation and support? 1 8 BY MR. TALLON: 1 9 Q: What did you mean, Mr. Wood, when 2 0 you wrote,."It would certainly be helpful in 2 1 getting his further support if we were able 2 2 to make available to him any small quantities 2 3 of pure isomers"? What support were you 2 4 looking for? 2 5 A: His support in carrying out work Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11274 _____________ ___ ______________ ____ __________________ ;__________ _________________ 69 1 to find out ultimately what was he seeing, 2 what was he measuring in Sweden. 3 Q: Wasn't it your understanding that 4 he was going to continue that work anyway? 5 A: He was to continue that work, but 6 he, his claim was that his work could proceed 7 faster if, indeed, there were available pure 8 is ome r s . 9 Q: Okay. 1 0 A: I did not know at that time 11 whether pure isomers existed, whether they 1 2 could be made or what. 13 Qs Understood. But what support were 14 you looking for from Sorjen Jensen? Support 1 5 in dealing appropriately with the media? 1 6 A: No. No, support in keeping us 1 7 informed of what, indeed, he was finding, 1 8 that he would be working collaboratively to 19 allow us to understand what the issues were 2 0 involved. 2 1 Q: Just one other thing. I had asked 2 2 you whether you recalled discussing with 2 3 Sorjen Jensen the issue of waste disposal, 24 and I'm just wondering if reading the last 2 5 paragraph of this memorandum on page 3 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11275 ___________ . _______________________________________ 1 refreshes your recollection of such a 70 2 discus si on. 3 A: Didn't discuss that so much 4 with - - no. As I state in this paragraph, 5 "As you will see from, the press release one 6 of the major points that is made" --. 7 parentheses, in the press release-- "in the 8 difficulty of disposing of waste materials," 9 and so no, that was hot part of my discussion 10 with Sorjen Jensen, it was part of my 11 reporting and sending the press release to 1 2 the United States . 13 Q: So the reference in the last 14 paragraph refers to the LKB press release 1 5 which was attached to this - 1 6 A: Which is attached and to which 1 7 this paragraph refers. 1 8 Q: All right,thank you. 19 Did you ever have any dealings in 2 0 the course of your career with Monsanto, Mr. 2 1 Wood, with NCR, National Cash Register 2 2 Company? 2 3 A: Yes, I did. 2 4 Q: And how so? What were your 2 5 dealings, in brief? Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11276 . ._____________________________;_____________________________________________7_1 1 A: I want to go back, if I may, to an 2 exhibit that we talked about a little bit 3 earlier, my curriculum vitae, which was 4 Exhibit 661. 5 Q: Yes. 6 A: And if you look through the 7 section on professional activities, on the 8 second page, from the period of January the 9 1st, '78* through December 31st of 1979, I 1 0 talked here about my position being Market 1 1 Manager, Heat Transfer andProcessChemicals. 1 2 The process chemicals mentioned there 1 3 included solvents used in the production of 1 4 carbonless copy paper, and one of the large 1 5 customers in the United States for those 1 6 materials were NCR, the National Cash 1 7 Register Company, so in that period between 1 8 January 1978 and December 1979, Ihad 1 9 extensive contact with NCR. 2 0 Q: When you were inthatposition, 2! did it come to your attention that Monsanto . 2 2 had sold a product to NCR for the manufacture 2 3 of its carbonless copy paper which had as a 2 4 constituent element or elements 2 5 polychlorinated byphenyls? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11277 ______________ ___________ ____________ _____________________ 72 1 A: Yes. 2 Q: And is it your recollection or did 3 you ever learn that the particular Aroclor 4 involved in the manufacture of carbonless 5 copy paper was Aroclor 1242? 6 A: As an historical fact, I was aware 7 in the period that I was dealing with NCR 8 that in the past, they had at one point in 9 time used Aroclor 1242-base fluids in the 10 production of carbonless copy paper. 1 1 HR. TALLON: Let me ask the court 12 reporter to mark as Exhibit 668 a two-page 13 memo dated February 10, 1967, from R. Emmett 14 Kelly to Mr. D. Wood, bearing production 1 5 numbers TRAN 056619 and 6620. 1 6 (Plaintiff's Deposition 1 7 Exhibit 668 marked for 1 8 identification.) 19 (Witness peruses said 2 0 document.) 21 THE WITNESS : Yes . .. 2 2 BY MR. TALLON: 2 3 Q: Do you recollect receiving a copy 2 4 of this memorandum from Dr.Kelly? 2 5 As Yes . Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11278 73 1 Q: Do you recollect having any 2 communications with Dr. Kelly on the subjects 3 articulated in this memo? 4 A: I know that I was involved with 5 trying to fill the information gaps which he, 6 which -he 'identified under, the, under the 7 items 1 through 7. 8 Q: Do you recollect having any 9 telephone communications with Dr. Kelly about 1 0 this memorandum or the process of pulling 11 together the information called for in items 1 2 1 through 7? 1 3 A: No, I don't. 14 Q: Did you set about inquiring the 1 5 information called for on your own, or did 1 6 you enlist help? 1 7 A: I enlisted help. 1 8 Q: Who did you enlist? 19 A: I enlisted the help of Ola Palm on 2 0 the ground, in Sweden, in terms of getting 2 1 copies of some of the, some of the 22 Swedish-generated material. I enlisted the 2 3 help of Dr. Hardy in London in coming to some 2 4 of those areas where, where he had more 2 5 functional expertise thanlhad. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11279 _________ .___________ ;_____________ _______________________ ' ______________ 7 4 1 Q: Was the meeting that you have 2 testified to with Sorjen Jensen your first 3 meeting with - - is it Mr. Jensen- or Dr. . 4 Jensen? 5 A: I don't remember. I don't think 6 he had got his doctorate at that point. I 7 think he was still a "Mr."' At that point, in 8 time. But yes; that was my first meeting 9 with him. 1 0 Q: Did you have subsequent meetings 1 1 with Sorjen Jensen? 12 A: I may have met him once more, but 1 3 I did not have, I did not have many meetings 14 with Mr. Jensen. 1 5 Q: Do you recall any others? 1 6 A: No. 1 7 MR. TALLOW: Let's mark as the 1 8 next exhibit, 669, a one-page memo dated 19 February 4th, 1969, from D. Wood to E. Scott 2 0 Tucker. 2 1 (Plaintiff's Deposition 2 2 Exhibit 669 marked for 2 3 identification.) 2 4 (Witness peruses said 2 5 document.) Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11280 ____________ _____________________________________________ __________ 1 THE WITNESS : Yes. - 75 2 BY MR. TALLON: 3 Q: Do you can you identify that 4 document, Mr. Wood? 5 A: This is a memo that I wrote to 6 Scott Tucker in early 1969, when I believe 7 that there was a later art icle in'a. Danish 8 newspaper discussing Jensen's work. 9 Q: By the time of this memo, February 1 0 4th, 1969, you were no longer Product 11 Supervisor for Dielectric Fluids? 12 A: If I go back tot he curriculum 13 vitae to be precise, the memo we are 14 referring to was dated in the 4th of February 1 5 of 19 6 9 and I was, from January the 7th, 16 T9 6 8 , in the position of Market Supervisor, 1 7 Food and Fine Chemicals. 1 8 Q: Do you recollect Mr. Tucker's 19 position at the time you wrote this 2 0 memorandum to him? 2 1 A: He was involved in the research 2 2 and development laboratories in St. Louis, 2 3 and his main involvement had been and 2 4 continued to be in developing analytical 2 5 t e c hniqu e s . Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11281 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 26 21 22 23 24 25 . ___________ ;_________________________ _________ Q: Analytical techniques for 76 identifying, detecting PCBs? A: Analytical techniques for wherever Monsanto had need for developing methods for chemical identification and quantification, then those would be sent to the Applied Sciences Section. They were experts in analytical -- on development of analytical technology. Scott happened to have been involved in the development of techniques for identification of measuring of PCBs. Q: And in this memorandum, you were replying to a memo that he wrote to. you? A: Yes. Q: And you wrote this memo on or about February 4th, 1969? A: Yes, I did, and this was something where, because of my previous involvement, something had occurred that, that I suspect that Scott wanted to test my recollection of previous events. Q: And it was part of your job responsibilities at Monsanto to respond to Mr. Tucker's inquiry in this memo to him? A: No, it wasn't part of my job Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11282 __ __________ .____________________ _____________________ - ._________ij_ 1 responsibility, but good common sense says 2 that if somebody that you've worked with 3 previously asks that sort of question, you 4 respond. I mean, I was -- my responsibility 5 was for the marketing of Food and Fine 6 chemicals. 7 Q: Yes. You had moved out of the 8 dielectric area. 9 A: That's right. 1 0 Q: And you had no responsibility in 1 1 1969 for PCB-based products? 1 2 A : That is c o rre c t . 13 Q: But would you nothaveexpected 14 that it was anticipated by your superiors 1 5 that if you got a, an inquiry from a person 1 6 in another department at Monsanto, it was 17 part of your job responsibility to reply to 1 8 it? .. 19 As Yes. 2 0 Q: And you intended for Mr. Tucker to 2 1 rely on the information which was reflected 2 2 in your memorandum? 2 3 MR. ZIMMER: What do you mean by 2 4 "rely on," Counsel? 2 5 MR. TAIiliON: I don't -- is that a Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11283 ______________________________ _________________ ___________________7_8 1 mysterious word, "rely"? 2 MR. ZIMMER: Well, in this 3 context, it could be rely on to what, to do 4 what? ' 5 MR. TALLON: Well, in the process 6 of establishing a foundation to qualify the 7 document as a business"record. If you want 8 to stipulate to that, then we can withdraw 9 the question. 1 0 MR. ZIMMER: Well, my question to 11 you stands. I'm not sure what you mean by 12 "rely." I mean, you can rely on it for a 1 3 variety of different things. 14 MR. TALLON: The question stands. 15 I'm not going to have a dial ogu e with you, 1 6 Fritz, on what the word "rely" means. 17 MR. ZIMMER: Fine. Then we'll 1 8 have the uncertainty also stand. 19 BY MR. TALLON: 2 0 Q: You can answer. Do you understand 2 1 the word "rely"? 2 2 A: Would you read back the question? 23 THE COURT REPORTER: 2 4 " Q. And you intended for Mr. 2 5 Tucker to rely on the information which was Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11284 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . _________ __________________________ ' ____________ _______________ 79 reflected in your memorandum?" A: No, I intended Mr. Tucker to rely on my recollection of a previous event, of what my understanding was of a previous situation. BY MR. TALLON: Qs And was your recollection and understanding of the previous situation reflected in the memorandum you wrote to him on February 4th,1969? A: I try to accurately reflect what my memory was about a previous event. Q: Is there anything in this memorandum that you see today that is -- that you believe isincorrect? A: Yes, Q : What? A: I f I w e n t back and, with 2 0/ 20 hindsight, I would not have said, "I don't think that at that time we questioned" -- can I start again? Q : Mm-hmm. A: In retrospect, I would not have composed a memo which said, "I don't think at that time we questioned that he had, in Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11285  _______________________ . ,____________________________ 1 actual fact, found chlorinated biphenyl." 80 2 I've been involved with the PCB situation 3 later, and I think more accurately that there 4 was still, at that point in time, a question 5 in some more capable people in Monsanto's 6 minds as to what Jensen really was finding. 7 Q: What about what was in your mind? 8 A: I'm going to say, you know, I - 9 but I use the term, "I don't think at that 10 time we questioned." I mean, if I had 11 misinterpreted the situation and had sort of 12 said that I felt that it was fairly likely, 13 but I'm a salesman. I'm a marketing guy. 1 4 I've got some basic chemical training, but it 1 5 is not, in retrospect, I don't think that 1 6 this letter accurately reflects an 17 appropriate view put forward by me, as a 1 8 marketing guy, in terms of saying "Without 1 9 any doubt, there is no question in Monsanto's 2 0 corporate mind that what we were seeing was 2 1 chlorinated biphenyl . " 2 2 Q: Is it fair to say that at the time 2 3 that you did not question that he had, in 2 4 fact, found chlorinated biphenyl in the sea 2 5 eagle's livers? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11286 T 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 __ ________________ . __________________________ ________ 81 A: I didn't, butI probably should have done. Q: And what you are referring to is that you don't know February 4, 19 69, whether others in Monsanto shared your conclusion? A: That is correct, and that's why I have trouble: with "rely on. " Q: Did it come to your attention at any point that Mr. Tucker disagreed with the information reflectedin yourmemorandum dated February 4th, 1969? A : No . Q: Did you ever send him another memo correcting the sentence to which you have referred? A: Nope. Q: Is it a correct statement or is the statement in the memorandum that, "Since he had appreciated this point,we then let the matter rest, not wanting to stir up further agitation in other countries"? Isn't that an accurate statement of your mental state at thetime? (Witness peruses said document.) Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11287 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ____________ _______________ _______ ____ ________ . _______ 8 2 THE WITNESS: Can I have that question back again? THE COURT REPORTER: "Q. Is it a correct statement or is the Statement in the memorandum that, 'Since he had appreciated this point, we then let the matter rest, not wanting to stir up further agitation in other countries'? Isn't that an accurate statement of your mental state at the time?" A: Accurate but incomplete. I was referring, there, to our concerns that Sorjen Jensen had been, his disclosures about his analytical work had been extended into making comments on, on toxicology issues which he was not qualified to make, and there was a question of did we need to, to reach out and say to people, these, these claims, things have been alleged in the media that we want to set straight, and it was felt that it was not appropriate for Monsanto to do that whilst we were trying, from a good science base, to find out exactly what it was that was being said. Q: Did you ever communicate with Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11288 1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 __________ _____________________;________________ ;___________ ____________ 8 3 Elmer Wheeler during the period, let's say, from 1968 through 1970? A: I don't recall specific communications. MR. TALL ON: Let me show you a memorandum which we'll mark as Exhibit 670. It's just a one-page memo, dated April 16th, 1969, bearing production number TRAN 058769. . (Plaintiff's Deposition Exhibit 670 marked for identification.) (Witness peruses said document.) THE WITNESS : Yes. BY MR. TALLON: Q: Do you recollect receiving this memorandum from Elmer Wheeler? A : No, I don' t . Q: In 1969,, you were not in a -- you were not a Product Supervisor for Dielectric Fluids, but you were still in your Food and Fine chemicals position? A: Yes, I was, mm-hmm. Q: Do you recall the communication with Dr. Kelly which was referred to in the Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11289 . ________ . ________________________ 84 1 last paragraph of Elmer Wheeler's memorandum 2 t o Mr. Soden? . 3 A: SEW-den (Phonetic) . 4 Q: SEW-den? 5 A: No, I don't. 6 Q: While you were in your Food and 7 Fine chemicals position did you have any 8 responsibility for dealing with Bayer? 9 A : No , I did not . 1 0 Wait a minute. Yes, I did. 1 1 Qs What was that responsibility? 12 A: One of the major products in our 1 3 product line in the Food and Fine area, as 1 4 aspirin. Bayer are a large manufacturer also 1 5 of aspirin. In terms of discussing what 1 6 other analgesics might ultimately around the 1 7 world replace aspirin, if at all, I did from 1 8 time to time have occasion in that job to 1 9 talk about other product areas, aspirin, with 2 0 Bayer. 2 1 Q: Did you have any involvement, Mr. 2 2 Wood, in the phasing out of PCB sales by 2 3 Monsanto? 2 4 A: In the United States, at the time 2 5 that I had moved to the United States, I had Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800)878-6750 HARTOLDMONOO11290 .__________________ ,_________ . ______________ 85 1 involvement in that part of my job when I was 2 involved with dielectric materials, I had 3 involvement in the phase-out, Monsanto's 4 phase-out on PCBs. 5 Q: What time period are you referring 6 tonow? 7 A: Post-1974. 8 Q: And what PCBs were you in - - what 9 invo 1 vement did you have with the phase-out 1 0 ofwhatPCBs? 11 A: I was involved with the phasing 12 out of the dielectric products incorporating 1 3 PCBs. 14 Q: And when were - - when was that 15 phase-out accomplished? 1 6 A: In 1974 and 1978. 1 7 MR. TALLON: Let me show you a 1 8 one-page memo which has production number 1 9 BIR, looks like 007768, and we'll ask the 2 0 reporter to mark that as 671. 2 1 (Plaintiff's Deposition 2 2 Exhibit 671 m a r k e d f o r 2 3 identification.) 2 4 (Witness peruses document.) 2 5 A: Talking about a memo dated 1979? Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11291 __________________' .______________________________________________________8_6 1 BY MR. TALLONs 2 Q: Yes, my question is, can you 3 identify this memorandum? 4 A: Let me first relate back one more 5 time to the curriculum vitae which I'm going 6 to leave out, here. 7 (Witness peruses documents.) 8 A: (Continuing) Yes. Yes, I have 9 now finished reading the memo. 1 0 BY MR. TALLON: 11 Q: Okay, I think the pending question 1 2 was, can you identify it. 1 3 A: This is a memo which relates to a 1 4 heat transfer incident in the 1979 time frame 1 5 when I was contacted for two reasons. 1 6 Firstly, I was at that stage the 1 7 product manager for heat transfer fluids, and 1 8 Therminol was the trademark under which 19 Monsanto sold heat transfer fluids. At that 2 0 time, we were selling heat transfer fluids 2 1 which did not incorporate PCBs, but I was a 2 2 natural person to speak to or to find out 2 3 from the record where there might be 2 4 information about what had happened in the 2 5 past with heat transfer fluids, and because I Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11292 _______________________________ . ___________ ._______________________ ___________ 8 7 1 had been the person involved with phasing out 2 the dielectric fluids containing PCBs, I was 3 one of the people on the spot in 19 7 9 who 4 people would refer to and ask questions about 5 PCBs . 6 Q: Does this memorandum purport to 7 propose answers to questions, or to be a 8 transcript, in essence, of a conversation 9 that you had with a reporter from the "Rocky 1 0 Mountain Journal"? 1 i As I don't recall. 12 Q: And who is R. C. Isham? 1 3 A: Isham was involved in our public 14 relations organization, and as such, a press, 1 5 a media query would have come into his 1 6 office. 1 7 Q: Do you know where you acquired the 1 8 information that appears in the "A" or answer 1 9 portions of these Q and A memo? 2 0 As I'm sorry? 2 1 Qs The memo is in Q and A - 2 2 As Yeah. 2 3 Q s - - f o r ma t. 2 4 Question: "When did Monsanto 2 5 phase out PCBs? Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11293 ______________________________ ;______________ __ _________________________ 88 1 Answer: "Started in '69-'70,"and 2 so on. I'm wondering if you recall where you 3 acquired the information which is furnished 4 in the "A's. " 5 A: Oh. This would have been 6 information which I had developed as I was 7 involved in the period 1974 through '78-' 79 8 in the dielectric area in the United States, 9 in terms of looking at the -- at what 10 Monsanto's program had been for withdrawal 1 1 from the various fluids with which I was 12 involved. 13 Q: When you say information you had 14 developed, you mean that which you had 15 discovered on your own, or that which you 1 6 learned from others, or both? 17 A : Both . 1 8 MR. TALLON: Let me show you a 19 document that we'll mark as Exhibit 672, 2 0 which bears production numbers BIR 001285 2 1 through 1306 and is titled "National 2 2 Conference On Polychlorinated Biphenyls, 23 David Wood, Chlorinated Biphenyl 2 4 Dielectrics - Their Utility and Potential 2 5 Substitutes." Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11294 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .18 19 20 21 22 23 24 25 _, ____________ _________ .______________ 89 (Plaintiff's Deposition Exhibit 672 marked for identification.) BY MR. TALLON: Qs Can you take a moment to review that, please, Mr, Wood? (Witness peruses said document.) A: I can take half an hour to refresh my memory on this. Q: I'm not going to ask you particular questions about all of the technical information.which is included here, but I do want you to at least know what the document is. A: I know what the document is. Q: Okay. A: Okay. Q: Can you identify it, then? As This is a presentation that I prepared for presentation at. a conference at the Pick Congress Hotel in Chicago on November 19th through 21st of 19 75 where I was asked to speak for Monsanto on the issue of chlorinated biphenyl dielectrics, their Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11295 ___________________________________________;___________ 90 1 utility, and where the search was going for 2 potential substitutes . 3 Q: Did you have assistance in 4 preparing this paper? 5 As Yes, I did. 6 Q: And who assisted you? 7 A: I was assisted by, certainly, Dr. ' 8 Munch, would have been my main technological 9 support in terms of making sure that what I, 1 0 as a Marketing Manager, was saying was 1 1 totally correct in terms of the applicational 12 technology. To the extent that I was 1 3 using -- I don't recall if this -- to the 1 4 extent that I was using any product safety 1 5 data, then it would have been reviewed with 1 6 my product safety colleagues. 1 7 Q: And how do you define a closed 1 8 system? 1 9 A: I define a closed system, I 2 0 defined a closed system then, as I do today, 2 1 as one that in its manufacture, you 2 2 essentially contain a fluid in a sealed 2 3 container, and that that fluid will then only 2 4 potentially see the light of day again in 2 5 failure, in maintenance, or in disposal. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11296 ________ ;________________________________________________ ________ _______ 9JL . 1 Q: When you -- when did you move to 2 the United States? 3 As 1974. 4 Q s An d that was for the purpose of 5 taking on what position? 6 A: I took on the position as 7 international sales manager for the 8 Functional Fluids business. 9 Q: And at that point, the functional 1 0 fluids containing PCBs still being sold by 1 1 Monsanto were the dielectric fluids? 1 2 A: Yes. We were still sel1ing 1 3 dielectric fluids at that point in time 14 containing chlorinated biphenyls. 15 Q: Was there a project underway to 1 6 find a replacement product for the 1 7 polychlorinated biphenyls in dielectric 1 8 fluids ? 1 9 A: There was a program going on to 2 0 ultimately identify whether there was a 2 1 product which did not contain chlorinated 2 2 biphenyls which could offer equivalent 2 3 benefits to the electrical -- to the 2 4 electrical generation and distribution 2 5 industry. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11297 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _________ ________________________________. ____________9_2 Q: To your knowledge, did Monsanto manufacture or produce PCB-based products outside the United States at any time? As Yes, we produced them in Europe. Q: In Ruabon ? A: Ye s , we did. Q: Elsewhere? A: I can't recall if we produced them in Japan or not. I think not. I don't recall. I know we produced them in Europe. Q: Do you recall when sales of PCB-based products were terminated in Europe? A: We terminated the sales of chlorinated biphenyls in Europe simultaneously with our discontinuing sales in the United States. Q: The.sales of all products were terminated simultaneously? Does that mean that dielectric fluids were - A: We, when I was responsible for the phase-out of dielectric fluids containing chlorinated biphenyls, we discontinued the sales of chlorinated biphenyls as dielectrics world-wide at the same time. Q: And eventually, the sales of PCBs Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11298 ____________ ;___________ ;_____________ ______________ _________ _________ 1 in dielectric fluids were terminated? 93 2 Eventually, dielectric fluids containing PCBs 3 wereno longer sold by Monsanto? 4 A: This is t rue. 5 -Q: Do you know when that cessation 6 occurred? 7 A: 19 seventy -- '78 or '79. It was 8 either late '78 or -- I think, or finally '79 9 that we discontinued all sales, 1 0 simultaneously, around the world, of 11 c h1o rin a ted biphenyls, but the question you 12 asked was did sales of chlorinated biphenyls 1 3 as dielectrics cease around the world at the 1 4 sametime. 1 5 Q: Mm-hmm. 1 6 A: Other producers of chlorinated 1 7 biphenyls did not cease supply of chlorinated 1 8 biphenyls at the same time that Monsanto 19 choose to do so. 2 0 Q: I understand. 2 1 A: That's what I'm trying to make 2 2 sure. 2 3 Q: I was referring to Monsanto, but 2 4 thank you for clarifying that. Do you know 2 5 whether, before the termination of sales of Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800) 878-6750 HARTOLDMONOO11299 94 1 fluids by Monsanto in Europe, 2 other PCB-based products were being sold by 3 Monsanto? 4 As At various points in history, 5 Monsanto had sold PCB-containing fluids in 6 Europe as plasticizers, in thermostat 7 devices, as hydraulic fluids, in steam 8 generation, electrical steam generation 9 units, as heat transfer fluids, as 1 0 dielectrics, as dielectrics, as components of 11 carbonless copy, carbonless copy paper. 12 Q : 13 any of the product applications sold by 1 4 Monsanto in Europe after 1972, to your 1 5 knowledge ? 1 6 A: I don't know. I was outside of 1 7 chlorinated biphenyls and in a new and 1 8 different job, and I don't recall the exact 19 scenario and timetable of the, of the 2 0 discontinuity of PCBs in Europe. 2 1 Qs So from that, I would take it that 2 2 you don't know whether it was the same or 2 3 different than in the United States? 2 4 A: Idon'tknow. 2 5 MR. TALLON: Thank you. Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11300 95 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11301 96 1 COMES NOW THE WITNESS, DAVID WOOD, 2 and having read the foregoing transcript of 3 the deposition taken on the 3rd day of 4 September, 1992, acknowledges by signature 5 hereto that it is a true and accurate 6 transcript of the testimony given on the date 7 hereinabove mentioned. 8 9 10 11 12 13 1 4 Subscribed and sworn to before me 1 5 this Jl$_______day of 16 1 7 My Commission expires: , 1992. fUZMfCM. WCMP8CM mm public stats of rassoum 3T. CHARLES COWT7 W CGtfllSSO KP MAS.ig.tWJS 18 19 20 21 22 23 24 Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 __________ .________ ;_____________________________ __ ______________ -________________ 9 7 STATE OF MISSOURI ) SS : ) CITY OF ST . LOUIS ) I J. Bryan Jordan, notary public in and for the State of Missouri, duly commissioned, qualified and authorized to administer oaths and to certify depositions, do hereby certify that pursuant to agreement in the civil cause now pending and undetermined in the Superior Court of the State of California, in and for the County of Los Angeles, to be used in the trial of said cause in said court, I was attended at the offices of Bryan, Cave, McPheet'ers & McRoberts, in the City of St. Louis, State of Missouri, by the aforesaid witness and by the aforesaid attorneys, on the 3rd day of September, 1992. The said witness, being of sound mind and being by me first carefully examined and duly cautioned and sworn to testify the truth, the whole truth, and nothing but the truth in the case aforesaid, thereupon testified as is shown in the foregoing transcript, said testimony being by me Gore Reporting Co., Inc. St. Louis, Mo. (314) 241-6750 (800) 878-6750 HARTOLDMONOO11303 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ____________________________________________________________ ;_____________ 98 reported in shorthand and caused to be transcribed into typewriting, and that the foregoing pages correctly set forth the testimony of the aforementioned witness, together with the questions propounded by counsel and remarks and objections thereto, and is in all respects a full, true, correct and complete transcript of the questions propounded to and the answers given by said witness; that signature of the deponent was not waived by agreement of counsel. I further certify that I am not of counsel or attorney for either of the parties to said suit, not related to nor interested in any of the parties or their attorneys. Witness my hand and notarial seal at St. Louis, Missouri, this________day of ____________________, 19 9 2 . My commission expires July 20, 19 9 4. J. Bryan Jordan Notary Public in and for the State of Missouri Gore Reporting Co., Inc. St. Louis, Mo. (314)241-6750 (800)878-6750 HARTOLDMONOO11304 DEPOSITION CORRECTION SHEET In Re: Upon reading the deposition and before subscribing thereto, the deponent indicated the following changes should be made: Page 5~'7 Line jif Should read: Qwlih&M. |Afifc'&fc*. Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Page Line Should read: Reason assigned for change: Deponent HARTOLDMONOO11305