Document QXjzkb8ObY2BnJY6pO4M9xwkk

IN THE MATTER OF: James L. and Barbara Furch vs. General Electric Co. Cause No. 137082 Deposition of Paul Benignus 8/23/00 515 Olive Street Suite 1007 St. Louis, MO 63101 WATER PCB-SD0000066041 James L. and Barbara Furch vs. General Electric Co. ill IN THE SUPREME COURT 12] STATE OF NEW YORK, COUNTY OF BROOME PI H| JAMES L. AND BARBARA FURCH, et al., IN (S| PLAINTIFFS, PI |8| VS. NO. 137082 PI lioi GENERAL ELECTRIC CO., et al., |H| |I2| DEFENDANTS. |I3] |14] UN |16] |P1 |18| H1 120| 1211 122) DEPOSITION OF PAUL BENIGNUS 123] TAKEN ON AUGUST 23, 2000 1241 [25] Page 1 Deposition ot ram cemgnus 8/23/00 HI APPEARANCES OF COUNSEL: |2| |3] For The Plaintiffs James L. And Barbara Furch, et HI al.: 15| KEVIN F. MCDONOUGH, ESQ. 16) Ball, McDonough and Artz 17] 117 Hawley Street |8| Binghamton, New York 13902 |9| (607) 772-6070 (10| (illFOR THE DEFENDANT MONSANTO COMPANY: |I2) JOHN C. SABETTA, ESQ. |I31 Seyfarth Shaw 1)411270 Avenue of the Americas, Suite 2500 |I51 New York, New York 10020-1801 1161(212) 218-5500 [17! 118) TIMOTHY PECK, ESQ. 1191 Smith, Helms, Mulliss and Moore 1201 P.O. Box 21927 |2il Greensboro, North Carolina 27420 |22] (336) 378-5200 1231 124| 125) Page 3 ' ID IN THE SUPREME COURT 12| STATE OF NEW YORK, COUNTY OF BROOME 13] |4| JAMES L. AND BARBARA FURCH, et al., m 161 PLAINTIFFS, PI I8| VS. NO. 137082 191 |I0]GENERAL ELECTRIC CO., et al., ini |12| DEFENDANTS. H31 |14| l*N 1161 1171 m Ii9| Deposition of PAUL BENIGNUS, taken on behalf (201 of the Plaintiffs, at Fischer's Restaurant, 2100 West |2i | Main Street, in the City of Belleville, State of 1221 Illinois, on the 23rd day of August, 2000 before 123| Catherine L. Turner, Certified Shorthand Reporter and |24| Notary Public. 1251 Page 2 Page 4 111 FOR THE DEFENDANT GENERAL ELECTRIC CO.: 12] ERIC E. GRONDAHL, ESQ. 131 Cummings and Lockwood |4|CityPlace I, 185 Asylum Street ]5) Hartford, Connecticut 06103-3495 16] (860) 275-6704 PI |8| |9| fJO] HU 112] 1131 1141 {I5| 1161 mi U8| _ 1191 [20] 1211 |22| 1231 124| j |25| Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 1 - Page 4 WATER PCB-SD0000066042 8/23/00 m INDEX )2| PAGE |3{ Examination by Mr. McDonough 7 HI |5| EXHIBITS IN |7| Plaintiff's Exhibit No. 500 |8| Plaintiff's Exhibit No. 501 31 44 |9| Plaintiff's Exhibit No. 502 50 |io| Plaintiff's Exhibit No. 503 51 1 ill Plaintiff's Exhibit No. 504 |I2| Plaintiff's Exhibit No. 505 113| Plaintiff's Exhibit No. 506 |I4| Plaintiff's Exhibit No. 507 51 69 71 112 1151 Plaintiff s Exhibit No. 508 |I6| Plaintiff's Exhibit No. 509 1 !7| Plaintiff's Exhibit No. 510 |is| Plaintiff's Exhibit No. 511 120 132 142 143 119| Plaintiffs Exhibit No. 512 |20| Plaintiffs Exhibit No. 513 [2!| Plaintiff's Exhibit No. 514 |22| Plaintiff's Exhibit No. 515 |23| Plaintiffs Exhibit No. 516 164 165 169 172 173 |24| Plaintiffs Exhibit No. 517 |25| Plaintiff's Exhibit No. 518 178 180 Page 5 General Electric Co. Page 7,, HI PAUL BENIGNUS, I2| of lawful age, having been first duly sworn to testify [3| the truth, the whole truth, and nothing but the truth Hi in the case aforesaid, deposes and says in reply to |5i oral interrogatories propounded as follows, to wit: 16| EXAMINATION (7) QUESTIONS BY MR. MCDONOUGH: |8|MR. MCDONOUGH: Before we commence, Mr. Peck, [9] who are you here for, representing. (io) MR. PECK: Monsanto and Paul Benignus. HU MR. MCDONOUGH: You are representing the [i2i witness, okay. Thank you. in) Q: (by Mr. McDonough) Would you state your full (i4i name and address, please? 1151 A: Paul G. Benignus, spelled B-E-N-I-G-N-U-S, 47 li6i Metcalf, M-E-T-C-A-L-F, Drive, Belleville, Illinois 117] 62223. [18! Q: Can you give us your age, Mr. Benignus? [19] A: In a few days, I'll be 91, August 30. (2oi Q: As I told you earlier, my name is Kevin pi) McDonough. I am going to be asking you some [22] questions. I represent a series of plaintiffs in these (23) actions. If you don't understand my questions, please (24) tell me and I will rephrase them, otherwise I will (25) think you understood them. Is that fair? HI Plaintiffs Exhibit No. 519 |2| Plaintiff's Exhibit No. 520 |3| Plaintiff's Exhibit No. 521 Hi Plaintiff's Exhibit No. 522 IS) Plaintiff's Exhibit No. 523 |6| Plaintiff's Exhibit No. 524 |7| |8| HI |10| mi 1121 |I3| |!4| H5| |!6| 1171 1181 1191 |20| |2I| I--I |23| |241 1251 Page 5 - Page 8 Page 6 Page 8 182 [11 A: Fair. 184 Pi Q: Were you formerly employed by the Monsanto 188 13i Company or Monsanto Chemical Company? 191 Hi A: Yes. 194 [5j Q: Can you tell me your years of employment? 196 I6i A: From 1934 to 1974, 40 years. (7j Q: And can you tell me what position you 18) occupied when you retired? (9) MR. SABETTA: Refer to it with a job title if (io) you had one. Mr. McDonough wants to explore your [ill duties. 1 i2i A: I want to answer as best as I know how. I 113)don't mean to confuse him. I am a technical person, [i4ihave been all my years, but was associated with the H5i sales department and labor and marketing people, [i6ibusiness people, but I'm a technical person. [i7] Q: Were you the marketing director for Its] functional fluids including Aroclorids including at the [19) time of your employment? [20) A: Really not, no. But I know what you are I2ii alluding to. At one time, I did have the title of [22i world market manager of dielectrics. 123) Q: What are dielectrics? I24i A: Dielectrics are electrical insulations, in 125] this case, fluids. Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-25 71 621-8883 I I f I r * i i i WATER PCB-SD0000066043 James L. and Barbara Furch vs. General Electric Co. Page 9 III Q: And did dielectrics include Aroclors? |2| A: Yes. pi Q: What are Aroclorids? |4| A: Aroclorids are polychlorinated biphenyls. I5| That was our trade name. I6| Q: And were you also involved with Pyranol? I?| A: From the standpoint that I certainly knew |8| what Pyranol is. Property generally. I9| Q: I am sorry. I didn't hear you? Iioi A: It's a property of General Electric Company. im Q: Did you understand that General Electric had Ii2| patented the use of Aroclors with PCBs and dielectric mi fluids? 1141 A: Certainly. lisi Q: And their trade name for dielectric fluids li6| was Pyranol. Did you understand that? ini A: Yes. tis) Q: And did you understand that Monsanto had Ii9i patented PCBs as Aroclorids? 120) MR. SABETTA: Objection to form. I2ii Q: You can answer unless someone tells you not [221 tO. 1231 A: Please say that again. 124] Q: Did you understand when you worked for I2si Monsanto that the company had patented PCBs? Deposition of Faul tsemgnus 8/23/00 Page 11 HI A: Chemistry. 121 Q: Was it just chemistry or was it physical or |3|-(4| (Discussion off the record) is) (Requested portion of the record read by the |6| reporter) |7| Q: -- organic chemistry? I8j A: Oh, yeah. Well, general chemistry at 19) Illinois College. (ioi Q: All right. And what was your degree, if you im received a degree, in 1934? Ii2i A: Master's. 113] Q: And what was that master's in? [i4i A: Organic chemistry. [is] Q: What's organic chemistry? 116) A: That's the organic ring structure, R-I-N-G, ini as versus straight chain hydrocarbons. Aliphatic Ii8] chemistry is the carbon and hydrogen aliphatic chain [19] structure. Whereas, the organic aromatic chemistry -- 12011 see where we're going ~ is based on the ring I2i| structure. Organic chemistry is reference to carbon [22] and hydrogen. [231 Q: What ring structure is that that you're [24] referring to? |25i A: Typically is a benzene ring. Page 10 mMR. SABETTA: Objection to form. pi A: I will answer the question? pi Q: Yes. hMR. SABETTA: Yes, you may answer. I5i A: They had the manufacturing patents. (6| Q: Do you know when the patents ran out for pi Monsanto, about? |8| A: Approximately 1950, yes. I9| Q: Do you know when the patents ran out for l loi Pyranol? ini A: Approximately the same time. 112| Q: What was your job in the early 1950s? Let me 1 i3iask it another way. I'll lead up to it. 1 i4i A: All right. lisi Q: Okay. Do I understand that you are a college 1 i6i graduate? Ii7| A: Yes. 11si Q: What college did you graduate from in what 119) year? [col A: I graduated from Illinois College in 1933 and liiiWashington University in 1934. 1221 Q: What degree did you get from Illinois I23i College? [24| A: Bachelor's. 1251 Q: Did you have a particular major? Page 12 HI Q: Does most organic chemistry start with a (2| benzene ring? [3] A: Well, I guess so. [4] Q: Did most of the -- is) A: That's aromatic. 16] Q: Withdraw that. While you worked for |7| Monsanto, were you involved with organic chemistry for I8i Monsanto? I9i MR. SABETTA: Objection to the form. Do you Itoi mean at any time? HU MR. MCDONOUGH: Yes. 1121 A: Well, of course, yes. {13] Q: (by Mr. McDonough) And was that organic 114) chemistry that you were involved with with Monsanto 1 !5[ ring chemistry involving a benzene ring? 116] A: At times, yes. in] Q: Were the requirements of either or both your lisi undergraduate or graduate degrees in chemistry that you 119] read German? 120} A: I spoke it before I spoke English. This is 1211 Belleville. [22[ Q: So as I understand it, you spoke German 1231 before you spoke English; is that correct? [24] A: Yes. 125] Q: Was it a requirement of your undergraduate Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 9 - Page 12 WATER PCB-SD0000066044 8/23/00 Page 13 m and graduate programs that you speak and read German? 121 A: I had courses at Illinois College, yes. I Pi had a German course at Illinois College. |4| Q: That was an easy one for you, I take it? I5| A: Thanks. I was about to tell you it was my I6| lowest grade. |7| Q: During the course of your work for Monsanto, I8| did you continue your skills in the ability to read I9| German? lioi A: At a period in time, yes. im Q: Well, could you read German in the early ini 1950s? 113) A: I can read it today. 1141 Q: Did you say you could read it today? 1 is) A: Yes, sir. Ii6i Q: That's not quite an answer to my question. Ii7| Could you read it in the early 1950s? 11 si A: Yes. . 119| Q: Did you have a thesis that you were 1201 responsible for in your education program, |2i| undergraduate or master's? 122] A: Yeah. My thesis was in the preparation of |23| the drug and medicinal. This was in the area of drugs 124| and medicinal materials, and I worked in one specific {251 area there. General Electric Co. Page IS Hi received your graduate degree, did you start work for [2] Monsanto? pi A: Yes. (4j Q: Could you tell me generally the jobs that you [5i held or the duties that you performed from the time you |6| started until you retired? [7| A: Yeah. 18) Q: Just generally. And if you could include the [9|time periods too generally, I'd appreciate that. [io] A: All right. I started as was the custom, Hi] employee trainees in the analytical chemistry 112] laboratory, the organic chemicals division, St. Louis. [13] I was there for two years. I started, as I told you, (14) in 1934. [15] I then spent a year doing some special [16| analytical work, and then I was in the plant laboratory [17] doing plant process manufacturing control work for [is] several years. [19] Q: What was that work, grossis (phonetic)? [20] A: Chemical control work in the plant, [2i] manufacturing. [22]MR. SABETTA: I think the word was process. [23i A: Oh, process. [24] Q: Thank you. Have we got you up to 1937 at [25] this point where you are doing this process work on the Page 14 HI Q: Did it involve an organic chemical? |2| A: Yes. pi Q: What organic chemical was that? 14] A: Anthrone. I5i Q: What's anthrone? I6| A: That's an organic ring structure other than PI benzene. |8| Q: Is it made up of one benzene ring or more I9| than one benzene ring? lioi A: A benzene ring. nil Q: Does it have other chemicals associated with 1121a benzene ring or other molecules? 113| A: Yes. 114| Q: What other molecules? list A: Carbon and hydrogen. Ii6i Q: What was that chemical used for? |i7|MR. SABETTA: Do you mean the anthrone? |i8|MR. MCDONOUGH: Yes, the anthrone. 119| A: It was supposed to be a specifically 1201 substituted anthrone quinone to be tested for its pit laxitive characteristics. 1221 Q: Do you know if that chemical was ever |23| marketed? I24| A: I have no idea. I don't know. I25i Q: When did -- well, withdraw it. After you Page 16 Hi plant? Pi A: Make it '38. [3i Q: Okay. [4] A: Now comes 1939. [5] Q: Before 1939, what plant are you working in? [6i A: At the plant in St. Louis, on South Second pi Street. [8] Q: Did it have a name? [9] A: Queeny. [io] Q: You were going to tell me about 1939, I im believe. [121 A: Yes. In '39, I was asked to go to research. [13] More specifically, application research. And in 1941, [i4i I was asked to go to the organic chemicals development [15]department. So we're up to '41, and I was in that 116| department until 19- sometime in 1946 when I was asked [i7[ to do some work in the organic chemicals division sales [is] development department. 119] And then in 1947, I believe it was October, I [201 was invited to join the inorganic, inorganic, chemicals [2i] section of Monsanto. And I stayed there until 1950 or |22| maybe '51 when there was a change, and I went back to [23| the organic chemicals division. And to make this of [24] more interest to you, the Aroclor business was moved, [25i and that's why they assumed I'd go along, and I did. Page 13 - Page 16 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 I I I I I l tfI WATER PCB-SD0000066045 James L. and Barbara Furch vs. General Electric Co. Page 17 IM Q: Did you mean the Aroclors was moved from |2| inorganic chemistry to organic chemistry? I3| A: Yes. I4| (Requested portion of the record read by the isi reporter) |6| Q: What did you do after 1951? pi A: After 1951, I worked with Aroclor and did so I8| until I retired in 1974. I9| Q: Would that have been September 1st, 1974? lioi A: That's close. HU Q: Did your positions change in that 23-year 112| period from 1951 to 1974 or your duties? H3| A: Yes. Ii4i Q: Can you tell me generally how your positions H5| or your duties changed? 116| A: Give me the question again. Ii7j Q: We're talking about this time period 1951 to [i8| 1974, and the question is did your position or your 1 isi duties, however you can explain it to me, change in (20) that 23-year period? PH A: Yes. I22| Q: Can you tell me how and when they changed? (23i A: Initially when this move was made, I was I24| involved with both, nonelectrical and electrical uses mi of Aroclor meaning dielectrics. Then I changed Deposition ot Paul Bemgnus 8/23/00 Page 19 in first one -- his name you want? Is that what you want, |2| his name? I3| Q: Yes. What I was looking for -- let me ask Hiyou a new question to make sure we're on the same wave I5| length. I believe you told me in the mid 1950s, you I6| changed from having something to do with Aroclors in |7| both the dielectric and nondielectric fields to just |8i usages of Aroclors in the dielectric fields; is that ]9| correct? lioi A: (Witness nodding). mi MR. SABETTA: You have to answer out loud. 1 i2i A; Yes. Ii3| Q: Was there a new chain of command that you Ii4| reported to with that change in position? 1 is] A: I'll say yes. |i6i Q: Can you tell me generally how your chain of 117] command changed? |isi A: I reported to Sy Newcomb was his name. Ii9i Q: What was Mr. Newcomb's job title, if you |20| know? ml A: Yes. He was in charge of oil additives. 1221 Q; Who did you report to before that change? |23j A: Really, Newcomb. So I want to tell you I 124| reported to him. When I changed from the inorganic [25i division in the organic division, I really reported to Page 18 Ml somewhat, in answer to your question, to specifically 121 spending my time entirely on the electrical. pi Q: Do I understand you that for a period of time |4iyou worked with both dielectric usage -- uses of isi Aroclor and nondieiectric uses? I6| A: Exactly. PI Q: And at some point, you worked specifically on lsi dielectric uses? I9| A: Exactly. |io| Q: And what are dielectric uses of Aroclors as nil you refer to them? Ii2] A: Electrical insulation. Ii3| Q: Electrical installations? I mi A: It's insulation. I isi Q: Do you know about when you did that? Ii6| A: Yes. i i7i Q: When was that? list A: As nearly defined as I can make it for you, I l i9i would say mid 1950, by mid 1950. 1201 Q: Did you report to new bosses from the mid mi 1950s forward with respect to this dielectric I22| assignment? I23| A: Yes, sir. 124| Q: What new bosses did you report to? 1251 A: You asked the question. I'll answer it. The Page 20 UlNewcomb in 1951, so put him back to 1951. Pi Q: Earlier, you told me that you went to I3| inorganic in 1947? Hi A: Exactly. (5| Q: And then you went back to organic in 1950 or 161 '51? |7| A: Yes. |8| Q: At which point did you start reporting to Mr. I9| Newcomb? Iioi A: Put it down as 1951. HU Q: When did you first start working with 112] Aroclors? mi MR. SABETTA; At Monsanto? Ii4i MR. MCDONOUGH; At Monsanto. Ii5i A: I first worked with the Aroclor at Monsanto 1 i6i when I had my own laboratory in the organic chemicals Ii7i division development department where we said I began Ii8|in -- was it 1941 -- 1941. 119| Q; Okay. What Aroclors were you dealing with at [201 that time? mi A: I was acquainted with, had samples of, in my |22| laboratory, several of them. I23| Q; Do you recall their names? I24i A: Well, I would include Aroclor 1254 and 1248 125] and some terphenyl, T-E-R-P-H-E-N-Y-L, terphenyl Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 17 - Page 20 WATER PCB-SD0000066046 8/23/00 Page 21 m meaning three-benzene ring, three-benzene ring, not 01 bi-terphenyl, terphenyi, T-E-R-P-H-E-N-Y-L, 60 percent I3|chlorinated terphenyi, but that was an Aroclor. Hi Q: How do you define Aroclor? |s| A: Aroclor is Monsanto's trade name. And it was I6i used to designate Monsanto's chlorinated biphenyl Pi materials and chlorinated terphenyi materials. isi Q: At some period of time, did you have dealings I9| with pentachlorophenol? lioi A: Yes. H11 Q: What period of time was that? 1121 A: That was also at the same time we're talking l i3i about. 1141 Q: 1941? i is i A: Yes. 116) Q: What were your dealings with l i7i pentachlorophenol? Iig] A: That's used as a wood preservative. And I 119| prepared several formulations for treating wood to 1201 protect it against termites, and that's where I had piisome interest in Aroclor. 1221 Q: Would you define pentachlorophenol as an I23| Aroclor? |24| A: No. 1251 Q: And why is that? General Electric Co. Page 23 HI reported in workers dealing with pentachlorophenol? Pi MR. SABETTA: Monsanto workers? Pi MR. MCDONOUGH: No. |4iMR. SABETTA: Any workers? [5j MR. MCDONOUGH: Any workers. [6i A: No. 17) Q: (by Mr. McDonough) Did you become aware that [8i there were complaints of chloracne associated with I9| pentachlorophenol back to the 1930s, in workers back to 1 io) the 1930s? ini A: No. [i2i Q: You never became aware of that? Ii3i A: (Witness nodding). |i4)MR. SABETTA: You have to answer out loud. [isi A: I said no. You're saying pentachlorophenol? [16] Q: Yes. [17] A: The answer is no. Iisi Q: Did you become aware of chloracne associated [i9i with other organic chemistry or other organic chemicals [2oi that you were working with during your years at pi] Monsanto? [22] A: Yes. [23] Q: When did you become aware of chloracne being [24] associated with organic chemicals that you were [25] involved with? Page 22 HI A: It wasn't. 121 Q: Why is that that it's not? [3| A: It just wasn't in that framework of Hi terminology. |j| Q: Is it because there's only one benzene ring? I6| A: No. No. Pi Q: How many benzene rings are there with it? isi A: Pentachlorid? One. I9| Q: All right. And pentachlorid means five lioi chlorine atoms? ini A: Yes. 112f Q: And what are the other molecules associated 1131 with that chemical? Ii41 A: Carbon and hydrogen and oxygen. Phenol, li5iphenol, it's OH. 1 i6| Q: There's an OH attached to it? 1171 A: Yes. It had nothing to do with the chlorine. 1 tsi Q: There's five chlorine atoms attached to it, l i9i one side of OH atoms attached to it and six carbons in 120| the benzene ring? HU A: Yes. OH isn't an atom. I22| Q: OH is a what? 1231 A: An oxygen and an atom and a hydrogen atom. [241 Q: Did you become aware, in the course of your PS) work for Monsanto as to a condition of chloracne being Page 24 !D A: I worked with chlorinated biphenyl and the Pi Aroclors. pi Q: I'm sorry. I don't mean to cut you off, but Hi I'm not sure when you're finished. That's what's pi happening. If you haven't finished your answer, go [6i ahead. [7] MR. SABETTA: He asked you when, when did you [8i become aware. (9) A: When I heard that, before I was ever Hoi associated with it, there was some chloracne before my [ill time that involved polychlorinated biphenyl. Ii2i Q: When, when you were working for Monsanto, did ini you become aware of that? [14] A: Sometime - myself personally, sometime after [isi 1947. 1 i6) Q: I want to try to pin that down a little bit (17) more if I can. There's quite a bit of time between lis] 1947 and 1974, so was it closer to 1947 that you became [i9i aware that chlo'racne was associated with biphenyl? [20i A: Yes. I2i| MR. SABETTA: Objection to the form. [22] Q: I'm going to ask you another question because [23]counsel has objected to form, although I don't know [24] why. At some point, did you become aware that (25) chloracne was associated with chlorinated biphenyls Page 21 - Page 24 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066047 James L. and Barbara Furch vs. General Electric Co. Page 25 m while you were working for Monsanto? 121MR. SABETTA: Objection to the form. pi Q: And if so, what time period? HI MR. SABETTA: You can answer if you can isi answer. Do you remember the year? I6| A: State it again. pi Q: As I understand it, you've just told me that I8| it was about 1947 that you became aware that chloracne [9|was associated with chlorinated biphenyl, lioi MR. SABETTA: Objection to the form, ini A: At some early time before my association, tut Q: I'm not asking when this chloracne was ii3iassociated. I'm asking when you found out about it. |H| A: I told you 1947. I isi Q: How did you find that out? 116] A: I heard it. 117! Q: Who did you hear it from? Ii8| A: His name? 1 i9i Q'- Yes. 1201 A: Paul, Paul Logue, L-O-G-U-E. pi | Q: What was his position with Monsanto at that I22i time? [23[ A: We're now in the inorganic chemicals, (24[ inorganic chemicals division. Logue was the director I25|of development in the inorganic chemicals. Deposition or raui rsemgnus 8/23/00 Page 27 III Q: And it was first made in Anniston, Alabama? 121 A: Exactly. |3| Q: So as I understand, Monsanto bought the plant Hi among other things such as the patent? isi A: It was Swan's business was inorganic I6i chemistry. He got in the making biphenyl as a side 171 thing. I8| Q: Did Monsanto buy theAnniston, Alabama plant? |9| A: Yes. Iioi Q: Did you ever work atthat plant? Iii| A: Never worked at the plant. 112| Q: Had you been to the plant over the years that 113| you were with Monsanto? ini A: Oh, I was there once. Yeah, sure. Ii5| Q: About when was that that you were there? [i6| A: Sometime in this framework, we're talking ini about 1947 to 1950. I don't know the exact time, iis] Q: Was that particular manufacturing process (i9| that produced biphenyl conducted in a plant that was laoiopen to the air? (2ii A: Yes. (22] Q: Do you know if it was ever conducted inside a |23) factory as opposed to being open to the air? |24j MR. SABETTA: Do you mean -- the question is |25| not clear to me. Do you mean at Anniston or any Page 26 in Q: Do you know whether he had any medical pi background? 131 A: Well, he knew what a doctor is in the medical Hi sense. (5i Q: Was he a doctor? 16| A: No, not medical. 17] Q: At some point, did you have discussions with l8|Dr. Kelly about chloracne and what it might be I9i associated with? I ioi A: I knew Dr. Kelly very well, but I didn't talk mi to him about this. I had no reason. Ii2i Q: Why was biphenyl in the inorganic chemical l i3i division? 114) A: Because it was first made at Swan, S-W-A-N, Ii5j Chemical in Anniston, A-N-N-I-S-T-O-N, Alabama, owned 1 i6i by Mr. Theodore Swan. And that's where biphenyl, |i7)B-I-P-H-E-N-Y-L, was first made. 1181 Q: As I understand it, you were going to tell me Ii9| why biphenyl was in the inorganic chemistry department (20|or division and you told me about Swan Chemical. Was (2!i that the reason it was in the inorganic chemistry or I22| was there more to that story? I23| A: Monsanto bought the Swan Chemical Company in I24| 1935. They acquired the Swan Chemical Company where 125] biphenyl had first been made, as I said. Page 28 in place? Pi MR. MCDONOUGH: I'm talking about Anniston. [3i A: It was the only plant it was ever made in. Hi It didn't change. isi Q: (by Mr. McDonough) Do you know whether most [6i of the workmen at that Anniston plant were African |7| Americans who worked in this PCB process? isi MR. SABETTA: Objection to the form. Again, 19] are we talking about at the time he visited? lioiMR. MCDONOUGH: Yes. |ii| A: African Americans? No. I didn't get that li2| impression at all, li3i Q: (by Mr. McDonough) At some point -- withdraw ini that. Were PCBs manufactured at that Anniston, Alabama (t5( plant throughout the time period that you worked for Ii6| Monsanto? ini A: Yes. jisj Q: At some point, were PCBs manufactured at any |j9| other plants of Monsanto? I2oj A: Yes. |21j Q: What other plants and when? 122| A: At the Krummrich, K-R-U-M-M-R-I-C-H, Plant 123i which is Monsanto, Illinois which is East St. Louis. 124i At the time manufacture was initiated there was during 125] the war, World War II, because of the government Gore Perry Gateway & Lipa St. Louis, MO Ji.jti'iurif (314) 241-6750 621-4790 621-2571 621-8883 Page 25 - Page 28 WATER PCB-SD0000066048 8/23/00 Page 29 in insistence on having two manufacturing locations I2| because of the importance of this material, pi Q: In terms of that manufacturing location at Hi Krummrich, did you visit it? |5| A: Yes. I6| Q: Was that manufacturing process conducted in 17) an area that was open to the outside air? isi A: I don't know exactly what you mean by "open 19) to the outside air." It wasn't in a vault, tioi Q: I'll ask a different question. Was the mi manufacturing process conducted in an area where there 112) wasn't any roof? Ii31 A: Well, I think there was a roof. I would say li4| there was a roof. Yeah, there was a roof. I isi Q: Were there walls? Ii6i A: I'm not going to answer this. I wasn't in iivi the plant. H8| MR. SABETTA: If you don't know, just say.you li9idon't know. I20i A: Yeah. Could I pass on that? You can get (2i] this from somebody else that was in the plant. 1221 Q: What about the Anniston plant? Was that open 123] to the sky? Was there no roof or was there a roof? 124t A: I'm not qualified to answer this. I was 125| there one time. I didn't look to see was there a General Electric Co. Page 31 HI MR. SABETTA: Objection to the form. [2] Q: You can answer it. [31 A: I'm going to ask you to restate the question, Hi please. is) Q: Did you ever find out right up until today |6| whether furans and dioxins were associated with Pi biphenyls when exposed to heat? 18) MR. SABETTA: Objection to the form. |9| A: I don't know how to answer that, how you want poime to answer it. in] (Plaintiff's Exhibit No. 500 marked for 112] identification) li3i Q: I'm showing you Exhibit 500 for ti4] identification, Mr. Benignus. It purports to be [is] correspondence from yourself to the Celanese, [isi C-E-L-A-N-E-S-E, Corporation of America dated December 117] 30th, 1947. Is that your correspondence? [i8] MR. SABETTA: It's three pages long. Do you Ii9j want us to read it or scan it or do you -- 120] MR. MCDONOUGH: I want the witness to answer pi] the question, Mr. Sabetta. (22) MR. SABETTA: Then he has to read the 123] document. 124] MR. MCDONOUGH: No, he doesn't, necessarily. 125]That's for the witness to decide, not you. Page 30 Ml roof. Please ask somebody else. That was-- mMR. SABETTA: If you don't remember, just say 13| you don't remember. HI MR. MCDONOUGH: That wasn't what he said, Mr. 15) Sabetta. He said although he visited the places, he's I6| not qualified to tell me roof or walls on the Hi buildings. isi MR. SABETTA: I want to be sure you understand I9| it's not a question of scientific recollection. If he lioi has a recollection, he is supposed to give it. imMR. MCDONOUGH: He is being coached at this 112] point. li3i MR. SABETTA: I am not coaching him. That's 1141 not what I do with witnesses. I am trying to make sure H5| his testimony is an accurate state of mind. That's not not how I practice law. 1171 Q: (by Mr. McDonough) Did you ever find out lisi during the time that you were working for Monsanto that 119|dioxins and furans were associated with biphenyls when 1201 exposed to heat? 1211 A: No. 1221 MR. SABETTA: Objection to the form. 123| Q: You didn't find that out? [24| A: No. (251 Q: Did you ever find that out? Page 32 [ij A: I've read it. [2] Q: (by Mr. McDonough) Is that your letter? 13] A: Yes. H) Q: Now, I note that there appears to be a list [5] of people copied up at the top on the right-hand, and [6] it includes a Mr. Paul Logue, L-O-G-U-E; is that [7] correct? 18) A: Right. [9] Q: Would that be that Paul Logue that you lioi referred to? ini A: Logue,yes. (i2) Q: I thought it was an R, but it's an L. in] A: It's an L, yes. [14] Q: He's the person you identified is the one who 115) told you about chloracne being associated with the 116i chemicals? 117] A: Yes, uh huh. 118) Q: In the first paragraph, you say, quote, As Ii9| suggested by Dr. R. L. Jenkins in his letter to you on [20] December 23rd, we are pleased to write about Aroclor [21] toxicity considerations. Do you see that? ]22| A: Yes. [23i Q: Was that one of your job assignments at that 124] time, to advise people as to Aroclor toxicity |25| considerations? Page 29 - Page 32 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 ,^ti< ... WATER PCB-SD0000066049 James L. and Barbara Furch vs. General Electric Co. Page 33 in A: Not specific. 12) Q: How did this assignment of doing this letter uicome to you? |4| A: The letter originated by an inquiry from isiCelanese, as it says. Jenkins, Dr. Russell L. Jenkins, [6| was director of research at Anniston. It was our job |7| to answer this commercial inquiry. I8j Q: What do you mean by "our job" besides |9| yourself? lioi A: It wasn't Jenkins'responsibility to drop his HU research and answer it. It was a job of Logue and H2| myself. H3| Q: Of Logue and yourself? Ii4| A: To answer it, yeah, us) Q: All right. i 16) A: To pass along information which we sure did. Ii7) Q: Had you had any medical training up to this US) point? ' li9) A: No. This is a passing on of medical 1201 information, information guidance that was available I2i| and known to us. And we always tried to inform people I22| as best we could, and this certainly does. 123) Q: Where did you get that medical information 124) that you used to do this letter? 1251 A: This covers a lot of stuff. ueposmon or raui nenignus 8/23/00 Page 35 HI A: I didn't write this myself. I didn't m subscribe to the Journal of Industrial Hygiene and pi Toxicology. No, I didn't subscribe to that. Oh, your Hi question, what was my assignment. Let me answer your is] question. I6| Q: No. No. That wasn't my question. My pi question was how did you Find out about the Journal of 18) Industrial Hygiene and Toxicology? I9| A: Monsanto had a medical -- that wasn't your lioi original question. im MR. SABETTA: That's what he's asking you 112| now. 113] A: How did I find out? I was told about it. 114| Monsanto had an industrial hygiene department. I is) Q: Did it also have a medical department at the 116) time? Ii7| A: Certainly. Dr. Kelly. Ii8i Q: And was Mr. Wheeler also associated with that 119) medical department? 120) A: Yes. He was the industrial hygiene, and this PH was his -- but he was with the organic chemicals 122]division, and we're now in the inorganic chemicals |23) division. 124] Q: Where were you working at that time? 125] A: In the inorganic chemicals division. Page 34 m Q: Well, let's just start with the Journal of pi Industrial Hygiene and Toxicology, the first particular (31 matter that you cited in Volume 19, No. 7. Where did I4j you get that information? I5| A: From the Journal of Industrial Hygiene and I6|Toxicology, that's where it came from. This is a I7i reference to it. I8| Q: Was one of your job responsibilities to read I9|up on journals with respect to Aroclors? 1 jo; A: That wasn't really my essential job. Iiil Q: Well, what was your essential job back then 1121 in 1947 at the time you did this letter? What were l t3i your duties? 114) A: My duties as associated with Paul Logue, he lis) pursued inorganic, he had come from Anniston, Swan's Ii6| business. He pursued the inorganic chemicals business li7i which was primarily the use of phosphates, phosphorous l!8i material compounds for the baking industry and the li9|detergent industry. poiNow, at this point in time, my assignment was I2ii to pursue nonelectrical uses, 1947, nonelectrical use I22| of -- you call it PCBs. And this is passing on, in I23| answer to the Celanese question, what we knew and what I24| was at hand to answer this inquiry. 125) Q: How did you know about this article? Page 36 (1) Q: Whatbuilding? (2) A: The new building on South Second Street. 13) Q: Does it have a name or did it have a name at |4| that time? I5| A: Really not. That was the main office. |6| Q: Was Dr. Kelly in that building? m A: Yes. I8| Q: WasMr. Wheeler in that building? 19) A: Yes. 1 io| Q: Was that where you got the information that mi you used in this letter, Exhibit 500? 112] A: I would say that's where it came from, yes. 113) They were responsible for this. [i4j Q: I believe you said in one of your answers li5jI might have misheard -- that you didn't write this |j6| letter of Exhibit 500. Im A: No. I didn't say that. I didn't write this 1 i8i independently. I had help on this. Look, I told you I Ii9i started in 1947. 1201 Q: Yeah. |2i| A: I was sort of new here. 1221 Q: Was one of your assignments in 1947 to sit |23|down with Dr. Kelly and Mr. Wheeler and discuss |24| possible health affects or problems associated with (25i Aroclors? Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 33 - Page 36 WATER PCB-SD0000066050 8/23/00 Page 37 in A: No. 121 Q: Did you ever do that? 131 A: No. ' Ki Q: Did you read that article at that time? isi A: No. I6| Q: How did you know what it said for purposes of I7| setting it forth in this letter? |8| A: Merely referenced the article. I9| Q: Well, in the third paragraph, you set forth lioi tabulations of permissible limits with respect to H H various Aroclors, do you not? Ii2j A: That's what it has, yeah. Ii3| Q: You did more than merely reference the U4| article; isn't that correct? 1 is] A: I don't even know if this was - if the 116| Drinker article is what you are asking, the Journal of ii7i Industrial Hygiene and Toxicology, I don't know. Ii8| Q: No. I am asking you whether you did in this H9| letter, Exhibit 500, do more than reference the 1201 citation to the Drinker article? |2i| A: Did I do more? 1221 Q: Did you cite information contained in that I23| article, in this letter? I24| A: You asked about the table here, this 1251 information, and we give it. General Electric Co. Page 39111 A: I don't recall. |2| Q: If you look at page 2 of the letter, the Pi second paragraph, the second sentence of the second |4| paragraph says, quote, When the Aroclors are applied by isi hot methods, 300 degrees F or higher, the work rooms I6[ should be ventilated by intake and exhaust fans of [7| sufficient volume and velocity to remove the majority [8] of fumes, period, closed quote. Do you see that? [9] A: Yes. (io) Q: Do you recall where you got that information 1 ill from? Ii2] A: I was told that. in) Q: Who told you? [14] A: I don't recall. [is] Q: Do you know if it was Dr. Kelly or Mr. [i6] Wheeler? [i7[ A: I specifically don't. [is} Q: If you look down two paragraphs below that [19] which starts out if you desire, it says, quote, If you [20] desire, we will be glad to lend you an instrument which pi] we have with full instructions for its operation to [22] measure Aroclor vapors in your work room atmosphere. [23] This would be the most certain method to determine that [24]your working conditions are safe, period, closed [25] quote. Do you see that? Page 38 Ml Q: Where did you get it from? 121 A: That came out of the Files. There were files pion this. I4| Q: What Files are you referring to? I5| A: Whatever the information came from. I6| Q: Well, that's what I'm trying to find out, ni where the information came from. I8| A: In the inorganic division where I was at this I9| time, there was a file that had such information, lioi permissible limit, milligrams per cubic meter, for ini these various Aroclors. This had been established. Ii2| Somewhere it was available and I passed it along, the 113| informative about the condition, it says here of the 114| air in work rooms. This was available and I passed it fi5|on. H6| Q: Who prepared that File that you are referring |17| tO? 1181 A: It was there when I got there. I don't know. Ii9| Q: Wasn't that file in the medical department I20|under Dr. Kelly's charge? 1211 A: Of course. Of course. 1221 Q: And didn't you review it there in Dr. Kelly's I23| department and confer about this particular letter with (241 him? I25|MR. SABETTA: Objection to form. Page 40 ID A: Yes. pi Q: What instrument are you referring to? Pi A: The Williston Air Analyzer. [4] Q: And did Monsanto have that? [5] A: At Anniston. [6] Q: And do you know what quantity of vapor that [7] particular analyzer measured to? [8] MR. SABETTA: Objection to form. Do you [9] understand the question? lioi A: It measured the concentration in the |ii] atmosphere in the air. [12] Q: It measured the concentration of what? [13] A: Of polychlorinated biphenyl. [i4] Q: Do you know whether it measured it in parts [is] per million -- [16] A: Yes. fi7] Q: -- or any other quantity? I is] A: Oh, yes. 119| Q: What quantity did it measure in? [20] A: It gave rise to -- I'll put it in this term I2ii -- one-tenth of one part per million per cubic meter [22] of air. That can be stated several ways, but it's all (23| the same thing. [24] Q: Is one-tenth of one part per million. Ten [25] million? Page 37 - Page 40 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066051 James L. and Barbara Furch vs. General Electric Co. Page 41 Hi A: What? Excuse me, what was the question? Ui Q: I will ask you a new one. I'm trying to find 13) out the quantity measurement that this Williston Air Hi Analyzer would measure to, whether it was in isj milligrams, parts per million. Any other I6| quantification that you can give me? I?| A: Yeah. And I answered that by saying the [siexpression one-tenth of one part per milligram of cubic |9| meter of air is an expression that came using this lioi apparatus, and that's in line with these numbers here HU on these Aroclor materials. I see five-tenths and so Ii2i forth. 1131 Q: If you look at the last page of that letter, l)4i the first full paragraph after the numbers says, quote, 1 tsi Based on our practical experience in the manufacture H6i and sale of millions of pounds of Aroclors annually, ini the point that we would emphasize is that workers Ii8i should not be exposed to Aroclor vapors and that the li9imen working with Aroclors should observe 'good (20i housekeeping' rules about keeping their clothing and I2ii skins free of the materia! and avoid ingestion of it, (22| period, closed quote. Do you see that? 123| A: Yes. 124| Q: Do you know whether Monsanto ever did any 1251 testing of the vapors of Aroclors to determine what Deposition of Faul JBemgnus 8/23/00 Page 43 Ml Q: You can answer. I2| A: Yeah. Kelly was involved in it. pi Q: Did that refresh your recollection as to I4| whether you talked to Dr. Kelly before you did Exhibit isi500? I6| A: What's Exhibit 500? 17j Q: Your letter that we were just asking about. 18] A: Did what? I9| Q: Does the fact that Kelly participated in that (ioi discussion as part of Dr. Drinker's study refresh your mi recollection that you talked to Kelly before you did li2i Exhibit 500? ini A: I don't remember, no. But this isn't me I mi personally. I'm referencing things. I is) Q: I'm showing you Exhibit 381 which is an Ii6i Exhibit that we previously identified. It purports to lm be a report from Dr. Drinker to the Monsanto Chemical I is) Company. Is that what it appears to be? 119) A: Yes. 1201 Q: Have you seen that before? 121) A: No. I haven't seen this before, no. I 122) wasn't in this area. (23) Q: Do you know of any studies that Monsanto did (24i between the time of that report, 1938, and this letter, I25i Exhibit 500, December 30th, 1947, about vapors of Page 42 Ml chemicals were in the vapors? I2i A: No, I don't. pi Q: I'm going to show you Exhibit 380 which was 14) an exhibit we marked at a prior deposition, Mr. (5|Benignus. And it purports to be that article that you (6) cited in your letter, Exhibit 500, and I want to know (7i if you've read that before. 18| A: I don't think so, but I referenced the |9| article, referred to this article. It wasn't my job to lio) read that. I didn't have to read it. I wasn't a ini toxicologist. 1121 Q-. Whose job was it at Monsanto to read that? 113] A: Definitely Wheeler and Kelly, I'm sure. H4| Q: Well, if it -- 1151 A: The medical department. Ii6i Q: Let me represent to you that the article 117) includes a discussion in which Dr. Kelly participates !ts) and Dr. Vosburgh participates as the medical director ji9i of GE. Does that refresh your recollection if you read (20) that? (21) A: No, I knew Kelly. I didn't know the doctor I22(at GE. I didn't know him. 1231 Q: Did you know Dr. Kelly had participated in 124) that with Dr. Drinker? 125) MR. SABETTA: Objection to the form. Page 44 HI Aroclors? m A: 1938, we already said I was in the plant in Pi 1938, laboratory. I wasn't, was not, connected with [4) any of this. I5i Q: Yes. And it's perfectly appropriate to say [6iyou don't know if you want to say that. 17) A: I don't know. (8) Q: You don't have to explain to me why you don't 19] know. |io| A: I don't know. I don't know. HU Q: Were you involved in marketing at this time, H2| December of 1947, with respect to the Aroclors? 113] A: Logue and I, my boss, were associated in the Ii4i inorganic division with the sales department, it was li5| called. You used the term "marketing" which came Ii6i later, yes. 117) Q: Was Celanese a potential customer or were 118) they a customer of Monsanto at that time? Ii9| A: I don't know. 1201 (Discussion off the record) |2i|(Plaintiff's Exhibit No. 501 marked for 1221 identification) |23| Q: I'm showing you Exhibit 501 for 1241 identification, Mr. Benignus, and ask you if you could (25|just generally look at that. It purports to be a final Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 41 - Page 44 WATER PCB-SD0000066052 jL'cpuamun i/i x uui i>ciu^huj 8/23/00 Page 45 HI report on Aroclor data book dated April 27, 1948 by an pi R. R. Knight, K-N-I-G-H-T, in the research department. I3| And your name appears as No. 14 to receive one of the |4| 18 copies. Did you have a recollection of receiving |5isuch report? I6| A: I received this report, yes. Pi Q: And that was associated with your job in |8| sales with respect to Aroclors? I9| A: I wasn't in sales. lioi Q: In 1948, what were you in in terms of your mt duties? 1121 A: I was reporting to Paul Logue. He got copy mi 13 and I got copy 14. I was in the, which was as I li4j said, in the inorganic division which was associated lisi with the inorganic division sales department, but I was H6| not in sales. I!?| Q: What were you doing then; what were your I isi duties? H9| A: My duty was to pursue the nonelectrical poi applications of PCBs. Now, that is what I did. I I2i| pursued the known applications. People in a good 1221 number of industries, this family of chemicals, was I23| used proudly. I pursued these uses to see what they I24j were, but I was assistant director of development. I I2S| didn't develop a new use. 1 pursued existing uses to ______________________________ ________ General Electric Co. Page 47. [1) MR. SABETTA: Objection to the form. [2] A: State the question, please. Pi Q: Were there any other countries besides the Hi United States, Canada and England that Monsanto made Pi PCBs for? |6|MR. SABETTA: Objection to the form. Pi A: Monsanto would supply PCBs anywhere in the [8] world. |9j Q: As one of the projects you pursued, did you (101 attempt to develop a usage of PCBs for insecticides, (ill for example? (12] A: No. [131 Q: You didn't do that? [14] A: No. Wasn't used for that. [15] Q: Whether it was used for that or not, did you Ii6| contact various entities to determine if PCBs could be [i7| used with respect to insecticides? (is) A: I was aware that the government ag section [i9| had this in mind, yes. I was aware of that. I was (2oi aware of it. In that sense, pursued it, was aware of pi] it. And it was never used to my knowledge in that way. [22] Q: Well, you did write letters to entities about [23] seeing whether Aroclors could be used in insecticides, [24] correct? [25] A: Whether they could be used. Page 46 HI see what they were being used for. I2| Q: How do you go about pursuing existing uses? PlTell me what you did. Do you call people up? Do you Ki do research? Do you do experiments? What did you Pi actually do under this heading pursued existing uses? [6{ A: To the best of my ability, find out where Pi were Aroclors, nonelectrical, being used by industry in lsi any way that I could do that, by reading, by talking, Pi however one does this. Iio] Q: Was Monsanto the only manufacturer of ini Aroclors from the time it bought Swan Chemical Company 112] in the United States? 113 [ A: Yes. 114{ Q: Did they also supply Canada and England with l is i Aroclors? H6| MR. SABETTA: Objection to the form. 117| Q: Yes? Ii8| A: Made it for Ruabon, South Wales. 119] Q: That was a Monsanto company, was it not? poi A: Yes. [2il Q: Did they also make it for the Canadian 1221 market? 123) A: Yes. I24| Q: Do you know of any other countries that |25| Monsanto made PCBs for? Page 48 (ij Q: Letters, letters. Did you write letters to Pi entities about the use of Aroclors in insecticides? [3] A: Could have. I don't recall at the moment. [4] Q: If you turn the pages of that Exhibit 501 to [5] something called 58014, a number at the bottom, it's [6] got a heading called "Synthesis of Diphenyl from [7] Benzene." [8] A: Yes. [9] Q: And that explains how you made diphenyl, lioi correct? [ill A: I would say so. [12] Q: Is diphenyl the same as biphenyl? [13] A: Yes. [14] Q: How do you make diphenyl from benzene, [is] generally? [16] A: I'll tell you how it was made. The pot of [17] fluid with lead, you heat the lead, molten lead, [18] L-E-A-D, metal, and benzene is pumped through the li9] molten metal, and what comes out is a mixture. The [20] main thing you're making is biphenyl, B-I-P-H-E-N-Y-L. [21] Q: And in order for that biphenyl to come out, [22] you heat the process, correct? [23] A: Yes. [24] Q: And is there a chemical reaction that occurs [25j in this pot? Page 45 - Page 48 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-25 71 621-8883 i WATER PCB-SD0000066053 James L. and Barbara Furch vs. General Electric Co. Page 49 Ml A: Yes. The benzene is going to biphenyl. 121 Q: What happens to make it go to biphenyl? pi A: The heat. |4| Q: As far as I understand it, you've got benzene isi which is a ring of six carbons; is that correct? |6| A: Yes. Pi Q: Somehow you end up with two rings of isi biphenyls which is the carbon, correct? [9| A: Yes. poi Q: How do the two rings get attached? im A: As a result of the heat. 112] Q: What does the heat do, cause a rearrangement? 113| A: Join them. Ii4| Q: Does it cause a rearrangement of the atoms? Ii5| A: Yeah, sure. 116] Q: What atoms get rearranged? Ii7i A: Carbon atoms. The benzene ring, benzene is list ring C6H6. Biphenyl is two rings, benzene rings, li9i hooked together. This is what transpired. poi Q: And what's the formula of the diphenyl, C12H? pi] A: Sure. That's it. [22] Q: What is it? 1231 A: Well, can I write it down? I don't want it 124] to -- 1251 Q: Sure. Deposition of Paul Benignus 8/23/00 Page 51 masking. These carbons here connect C12H10, I'm sorry. 12] Q: Well, I may not be correct, Mr. Benignus. Pi That's why I'm asking you. It's amazing what you can H|do with a master's degree at some point. You ought to 151 hear what Mr. Papageorge says. Do you know whether Mr. |6| Knight prepared anymore of these sorts of final reports Pi that you saw? I8| A: This is a very -- no. It's Dr. Knight. 19] Q: Do you know what his doctorate is in? Iioi A: I would assume -- I don't know -- chemistry. ini (Plaintiffs's Exhibit Nos. 503 and 504 marked li2i for identification) ji3) Q: We're done with that one, Mr. Benignus, Ii4| unless you want to - I'm showing you Exhibit 503 for j 15) identification. It purports to be a multi-page li6| document entitled, "The Proper Handling of Aroclors and Ii7]Their Mixtures in the Electrical Industry dated 12/1/54 (iajby Benignus." lii A: Yeah. poi Q: All right. Would you take a look at that for I2i| me, please? The first page is just a page that was 122) added in my office, Mr. Benignus. The next page is the 123) first page of the document. The question will be [241 whether you prepared that document. 125] A: Yes. Page 50 (M A: There are ten. |2| Q: I'11 give you a chance to write it down if piyou want. |4j A: We start with benzene, C6H6. And we're going (5i to have biphenyl. What you said to begin with. |6| Q: Why don't we mark this, whatever letter we're 17| up to. |8| (Plaintiff's Exhibit No. 502 marked for I9i identification) 1101 Q; We've marked Exhibit 202. liil MR. SABETTA: 502. im Q: I'm sorry, 502, a sketch you've drawn showing li3| C6H6 going to C12H12; is that correct? 1141 A: Yes. 1 i5i Q'- Are there still hydrogen atoms at the ;i6iconnection that you're showing? Ii7i A: They're hydrogen on all of these. H8| Q: Shouldn't it be C12H10? I guess I'm asking 119| you. poi A: See, there are double bonds here. I didn't I2i| draw the double bonds. Yeah. Yeah. 1221 Q: Is it they should be C12H10 or is C10H12 I23i correct? (241 A; Ten. There are ten places where you can |25| substitute into the benzene ring. That's what you're Page 52 HI Q: And that was done in 1954? 12) A: Yes. 13i Q: What were your job duties in 1954 besides (4j preparing that document? 15] A: In 1954, as we already said, I was now I6i handling specifically the electrical applications of [7j PCBs in the organic division. isi Q: And can you tell me what that entailed? What 19| did you do when you went to work in the morning, poi assuming you went to work in the morning? HU A: I just finished saying my duty was to pursue im the electrical application of, you call it, PCBs 113] Q: Does that mean 114) A: -- as dielectrics. Iisi Q: Does that mean that you were promoting the 116] sales of Aroclors? 117) A: No. We made them. U8) Q: Did you physically make them? ii9i A: Did I? 1201 Q: Yes. 12i| A: Monsanto did. 122) Q: No, you. 123] A: Me? I24i Q: I'm trying to find out what you did in your |25|job at the time you prepared this document. Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 49 - Page 52 WATER PCB-SD0000066054 8/23/00 Page 53 Ml A: I already said my job -- 121 Q: I'd like you to expand on what you said, so 131 can you tell me what it is you actually did? hi A: My job, what I actually did, was to inform I5i and describe the property -- the properties and the I6| characteristics and the quality of PCB dielectric |7| fluids and pass that information to everybody and j s ianybody. I9| Q: And to pass that information on to customers? lioi A: To everybody who was interested. 11 ii Q: Did that include customers who might be lmi interested in purchasing the Aroclors? I i3i A: Yes. Ii4| Q: And now, if you look at that exhibit for me, fi5i it has a table of contents including Chapter 9, li6j Dermatology and Toxicology; is that correct? 117| A: Yes. Should have, yes. list Q: Did you write that section? . 119| A: Yes. 1201 Q: Where did you get the information that you I2ii placed in that particular section? l22i A: Can I read the section? )23| Q: Yes. Certainly. It's at 77472. 124j MR. SABETTA: Do you remember the question? 1251 A: I think I remember it. General Electric Co. Page 55 Ml Q: Well, if you look at the second line under PI Chapter 9, it says, quote, The tests were conducted (3i under competent medical supervision and the standard Hi procedure recommended by Drs. Louis Schwartz, |5)S-C-H-W-A-R-T-Z, and Samuel Peck - [6] A: Yeah. (7| Q: -- Reprint No. 2552, Public Health Reports, 18] Volume 59, No. 19, paren, April 28th, 1954, closed 19iparen, was used, period, closed quote. Do you see lioi that? im A: Yeah. (12) Q: Where did you get that information? (i3i A: That was in the file somewhere in the [Mi industrial hygiene department or the medical [i5j department. 116) Q: At some point prior to this particular -- ini A: And I referenced it. [i8i Q: At some point prior to this particular [19] exhibit, did you sit down with Dr. Kelly and Mr. [20] Wheeler and spend several days going over medical pi] reports and medical literature? [22] A: No. [23] Q: Didn't you engage in a tutorial medical [24] program or education program with them? [25] A: No. Page 54 in Q: The question was where did you get the |2| information that you put in this particular document on I3| toxicology and dermatology? |4| A: This report is dated 1954. As we already I5i said, I had information about Aroclors as far back as |6| 1941, was it, to begin with. And then in the years I I7| was with the inorganic division who made the Aroclors, ls11 learned things over the years. And here in 1954, I |9| compiled what I thought was worthwhile information that lioi I learned over the years from different sources and Mil people, experiences, dermatology and toxicology. M2| Q: Was one of those sources Dr. Kelly? i mi A: Sure. 1141 Q: And was one of those sources Mr. Wheeler? 115| A: Sure. They're responsible. I'm not the M6| medical department. That's their responsibility to ini check this. Itsf Q: Did they write this particular section, M9| Chapter 9, Dermatology and Toxicology, Dr. Kelly and pm Mr. Wheeler? I2ii A: I don't know. It's here. - [22i Q: I know it's there. I'm asking you if you 1231 know who wrote it. 1241 A: I put the report together. I don't know. I I25| put it together. Page 56 Ml Q: Haven't you previously testified that you had Pi done so? Pi A: Not that I know of. [4] Q: So as I understand your testimony, you found [5] some files and read through them and produced this [6] Chapter 9 yourself, that's your best recollection? [7] MR. SABETTA: Objection to the form. [8] A: I told you I'm not the medical department, [9] and that's what this deals with. With their [10]concurrence, I put it together. [ill Q: I'm trying to find out who wrote it. [12) A: Who wrote it? [13) Q: Yes. [14) A: Well, Dr. Peckwrotethis article. [is] Q: I'm trying to find out who wrote this Chapter [16)9, Dermatology and Toxicology, you or someone else in 117| Monsanto? [is] A: I didn't originate this, no. [i9j Q: Someone else wrote it; is that correct? 120) A: The original, wherever it came from, yes. pi) Q: Who was that? [22) A: I don't - well, thisfirst part came from a [23) Louis Schwartz and Peck who did the work. [24) Q: Now, all it says is that there was some tests [25i done in accordance with the Schwartz and Peck reprint. Page 53 - Page 56 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-25 71 621-8883 WATER PCB-SD0000066055 James L. and Barbara Furch vs. General Electric Co. Page 57 lnThat seems to be what it says. 121 A: That's right. pi Q: And the question is who did those tests it is |4| referring to? I5| A: Who did those tests? |6| Q: Yeah. |7| A: I can answer that. We've already seen and isi said, put down, that I went to the inorganic division I9| in 1947. This work, that work, Schwartz, Peck, is iioidated 1944. At that time, I wasn't assigned to pursue Hi| this, wasn't connected with it. 1 mi Q: If you look down about two-thirds of the way M3|down in that chapter, it says, quote, At ordinary 114| temperatures Aroclors have not presented industrial iisi toxicological problems. If Aroclors are used at Ii6i elevated temperatures in open systems, methods must be lni designed to exhaust any vapors arising, period. 118| Experimental work on animals indicates that the maximum 119| safe concentrations of vapors in work rooms is in the i2oi range of 0.5 to 1.0 milligram per cubic meter of air, I2ii period. This applies to all of the liquid Aroclors, 1221 period, closed quote. Do you see that? 123} A: Yes. [24i Q: Do you know where you got that information, (25i if you prepared this Chapter 9? Deposition of Paul Benignus 8/23/00 Page 59 11 Monsanto plant in 1949 at Nitro, West Virginia? 12 A: No. I wasn't connected with that. 13 Q: Did you ever hear of an explosion at that |4 plant? 15! A: No. 161 Q: Did you hear of an outbreak of chloracne 171 among Monsanto workers following that explosion? 18 A: No. We already -- 19! Q: Excuse me. HO A: I think you already asked that because the III answer is no, I didn't. |12 Q: Do you know whether Dr. Kelly and Mr. Wheeler 113 found that out? 114 A: Am I supposed to assume? |15 Q: No, don't assume. 1161 A: Don't assume? H7| Q: Did you see any documents at Monsanto dealing (18 with chloracne outbreaks and systemic problems |I9| following that Nitro, West Virginia explosion? |20j A: No. |21 Q: Did you become aware of an explosion at a (22 BASF plant in Germany -- 123 A: No. 124! Q: -- in the early 1950s? 125 A: No. Page 58 HI A: That information, as I was trying to say, is 121 stuff in the first paragraph came from the medical I3| department. {4i Q: Do you know whether or not you wrote this [5| Chapter 9, or if you didn't, who wrote it? I6[ A: As I already said, to the best of my [7i knowledge, to answer your question, I put together this isi Chapter 9 from information that I got that originated 19) the things we've talked about so far, from the medical l ioi department. im Q: Does putting it together mean that you wrote ini it? H3| A: I'm trying to say that, yes. I didn't ask I mi somebody else to write it. Ii5i Q: I know you are trying to say it. I am trying 116] to find out whether you did or didn't write it or 117) whether you have any memory one way or the other on Ii8| it. 119| A: I'd like to pass at this point, if I can. 1201 I'm trying to answer the question. I2i| Q: At about this time period, say 1950 to 1954, 1221 did you, in the course of your work, have meetings with l'3iDr. Kelly and Mr. Wheeler? I24| A: No. 125| Q: Did you become aware of an explosion at a Page 60 HI Q: Did you do any research of the medical 12) literature to look at chloracne outbreaks associated I3i with explosions or fires at plants? 14) A: No. isi Q: How could you tell people about toxicological [6|or dermatological problems associated with Aroclors if piyou didn't do research? 18) MR. SABETTA: Objection to the form. 19) A: I can only say what I've heard. Iioi Q: Were you ever assigned to look at the ini scientific or medical literature in the area of l i2i chloracne by anyone from Monsanto? U3| A: No. Ii4i Q: Do you know if Monsanto did any tests between 115] the Drinker test in 1938 and the time of your 116) particular document, Exhibit 503, 1954, to determine ini what was in vapors of Aroclors? 1181 A: No. Ii9i Q: Whotold you that you were supposed to 1201 prepare Exhibit 503 on the proper handling of Aroclors I2ii and their mixtures in the electrical industry? 122j A: The purpose of this -- 1231 Q: I'm not asking the purpose. I am asking who 124] told you to do it. 1251 A: 1954, that's when I was in the organic Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 57 - Page 60 WATER PCB-SD0000066056 8/23/00 Page 61 Ml division, and whoever I was associated with thought I2| that this should be done. I was asked to do it. |3| Q: I'm trying to find out who asked you to do HI it. I5| A: I'm trying to think who did. Somebody in the I6| organic chemicals division. Somebody in the marketing m department asked if I would do this, to disseminate |8| information, what we knew to be the proper handling of I9j Aroclors and their mixtures, to tell people who would lioi be interested in knowing how to properly handle these li il things. 112| Q: Who is what we knew? Who is the we and what 1131 we knew? ini A: Anybody I could get information from to 115| collect and compile. Ii6| Q: But you didn't sit down with Dr. Kelly and 117| Mr. Wheeler to find out what the medical department Iisi knew about dermatology and toxicity of Aroclors? 119[ A: They passed and approved what this says. |20| Q: That wasn't my question. My question was I2ii whether you sat down with them to find out what they (221 knew. I23i MR. SABETTA: Objection. Asked and answered. I24j A: No, I didn't ask them. Let's see. This is 1251 where the toxicological information would have come General Electric Co. Page 63. HI called "Introduction", the last paragraph says, quote, 12| The electrical industry's use of these fluids has been pi largely in accordance with the General Electric Hi Company's patents and developments, period, closed Pi quote. Do you see that? (6i A: Yes. Pi Q: Was that correct? |8] A: Yes. |9] Q: Did you talk to anybody from General Electric lioi as to dermatology and toxicology with respect to these im dielectric fluids? mi A: Not specifically. Ii3i Q: Did you play any role while you were working [mi with Monsanto in Pyranol? [isi A: Yes. 116] Q: Can you tell me what that role was? ini A: Monsanto manufactured the polychlorinated Ii8| biphenyl component of Pyranol. They used our PCB and (i9| the Pyranol. [2oi Q: Were there othercomponents of Pyranol pi] besides aranol? I22i A: Yes. 123j Q: What were theyin the 1950s? [24] A: At different times, there would be added 125] trichlorobenzene, T-R-I-C-H-L-O-R-O-B-E-N-Z-E-N-E, and Page 62 HI from, yes. 121 Q: Did it come from them by word of mouth as (31 well as articles? 141 A: Yes. I5| Q: So you did sit down and talk to them about I6| dermatology and toxicology before you did this; is that |7| correct? I8|MR. SABETTA: Objection to the form. I9| A: Through the years, I would do this at any lioi time. im Q: We're not talking about through the years. 1 mi We're talking about Exhibit 503 which is dated December 11311st, 1954 by you. And I'm asking whether you finalized ini that you sat down with Dr. Kelly and Mr. Wheeler and H5| discussed dermatology and toxicology? H6iMR. SABETTA: Objection to the form. Ii7| A: I would say that 1 would have discussed with H8| them and received their blessing of what is written Ii9| here, yes. 1201 Q: Did they tell you anything about Nitro, West I2ii Virginia or BASF? 1221 A: No. 1231 Q: That's all I have on that. Let with me I24| withdraw that. Let me ask you one more question. If I25| you look at the No. 77400 which is at the beginning Page 64 mat another point in time was used a blend of trichloro (2j dash tetrachlorobenzene. PI Q: What did you have to do with that blend, if [4] anything? Pi MR. SABETTA: You being Monsanto or the [6] witness? pi MR. MCDONOUGH: No, the witness. [8] A: I personally? 19) Q: (by Mr. McDonough) Yes. lioi A: Be knowledgable about it. Hi] Q: Did you actually Ii2] A: Hopefully. [i3i Q: As one of your duties with Monsanto, did you IN]check Monsanto's product to see if it measured up list against the specifications for Pyranol that GE gave 116) Monsanto? 117)MR. SABETTA: Objection to the form, lis] A: Say that again. 1 i9i Q: During of course of your work with Monsanto, [20] did you see specifications that General Electric pi) provided Monsanto with Pyranol? |22) A: Absolutely. 123) Q: Did you have anything to do with seeing that I24| the product met those specifications? [25i MR. SABETTA: Objection to the form. Page 61 - Page 64 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-25 71 621-8883 'w WATER PCB-SD0000066057 James L. and Barbara Furch vs. General Electric Co. Page 65 HI A:. Of course. I2| Q: What time period was that? 131 A: This was the time period, as we said, mid |4| 1950, until I retired when I was working specifically (sion dielectrics. I6| Q: Did you actually do laboratory work on PiPyranol manufacture to see if it met specifications for I8| Monsanto? I9| MR. SABETTA: Objection to the form, lio] A: No. ini Q: Were there times when Monsanto mixed all of li2i the ingredients and delivered Pyranol to General [i3t Electric? 114) A: I would think somewhere to begin with, yes, li5| way on. But then they -- I answered your question. To Ii6)begin with, yes. ' mi Q: You're saying they didn't mix the components li8| to make Pyranol and deliver it to General Electric Ii9| through the 1950s to 1974? I20| A: I didn't say that. mi Q: You said early on. Didn't Monsanto do that 1221 throughout that time period that I just gave you? I23|MR. SABETTA: Objection to the form. I24| A: Please say that again. From what? 1251 Q: I'm trying to find out whether Monsanto Deposition of Paul Benignus 8/23/00 Page 67 ni Q: -- didn't Monsanto at times blend all of the 121 components of Pyranol together and deliver it to Pi General Electric? Hi A: I cannot say they didn't ever, but I can say I5| probably not. GE mixed it themselves. |6| Q: Why do you say probably not? What's your |7| basis for saying that? I8| A: Exactly what I said because GE did their own |9| blending. poi Q: Did you see GE do their own blending? ini A: Oh, I didn't see their own blending. But my H2l understanding we no longer made chlorobenzenes. At one inidme early on, we did. And at one time, we didn't. 114] Q: Were you familiar with the manufacturing lis] process of Pyranol as it took place at Monsanto? |I6|1VTR. SABETTA: Objection to the form. Ii7i A: Well, I knew it was put together, sure. (is; Q: Did you see it being put together at li9) Monsanto? 1201 A: I didn't see it being put together in the (2i) plant, no. 122) Q: So is it a fair statement that you don't know 123] one way or the other whether Monsanto blended all the [241 components of Pyranol during this time period in the I25| early '50s to '74? Page 66 HI blended all the components of Pyranol and delivered it pi to General Electric during the time period that you pi worked for Monsanto. [4|MR. SABETTA: Objection to the form. I5| Q: That's what I'm trying to find out. Do you Hi understand that? pi A: From the time -- from 1934. I8| Q: I'm going to ask you a question in a minute. I9|Do you understand that I'm trying to find out whether l ioi Monsanto put the components of Pyranol together and mi delivered it to General Electric during the period of H2| time that you worked for Monsanto? Ii3|MR. SABETTA: Objection to the form. Meaning 114) at any time? Ii5i Q: Do you understand that's what I am trying to Ii6i find out, Mr. Benignus? ini MR. SABETTA: The question is not clear. IisiMR. MCDONOUGH: The witness is the witness. I 119| don't even know why you are objecting. Mr. Peck (20i identified himself as representing the witness, piiMR. SABETTA: I am also representing the 1221 witness. We are both representing the witness. 123| Q: Let me ask you a question. During the time I24| period including the 1950s through 1974 -- |25i A: Okay. Page 68 in MR. SABETTA: Objection to the form. 12] A: I'm telling you to the best of my knowledge, 13) GE, at that period in time, did their own blending for H) use by GE. [5j Q: And the basis of your knowledge is somebody (6) told you that? m MR. SABETTA: Objection to the form. [8] A: Nobody came to me and said GE is doing their I9|0wn blending, no. poi Q: I'm trying to find out what the basis of your Hi) knowledge is for your statement. Do you have a basis 112} you can articulate to me? (i3i A: To begin with, Monsanto didn't make I hi trichlorobenzene to my knowledge at that period in 115) time. And Monsanto would have had to purchase the 116) chlorobenzenes and tritetra. I don't think we did the [i7i blending in that period of time you're talking about [i8| for GE, your question was? 119) Q: Didn't Monsanto purchase the tri and 1201 tetrachlorobenzene from Hooker and blend it for GE? 12i| A: At some time. 1221MR. SABETTA: Objection to the form. I23i A: At this time period, I don't know, |24| Q: The only basis for your answer is you don't (25i believe Monsanto -- Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 65 - Page 68 WATER PCB-SD0000066058 8/23/00 Page 69 Ml MR. SABETTA: I want him to wait so I can Pi object and everyone can say cleanly on the record what I3| they'd like to say. Ki Q: Is the only basis for your statement that I5| Monsanto didn't blend the Pyranol for GE from the early |6| 1950s through 1974 the fact that Monsanto didn't make l?l tri or tetrachlorobenzenes to your knowledge? I8| MR. SABETTA: Objection to the form. I9| A: Monsanto did not make the trichlorobenzene at lio] that time. Monsanto would have to have purchased from |ii| Hooker the tri tetrachlorobenzene. Monsanto didn't mi have that. That came from Hooker. Ii3| Q: Does that conclude your answer? 114| A: I think that's the answer. |i5i Q: I'm done with that exhibit, if you could hand li6| it over, please. Mark this one. [i71 (Plaintiffs Exhibit No. 505 marked for Ii8| identification) . Ii9| Q: I'm showing you Exhibit 505 for I20| identification, Mr. Benignus, which purports to be a I2il document entitled, The Proper Handling of Aroclors and 122| Their Mixtures in the Electrical Industry dated May |23| 1st, 1956 by yourself. [24| A: Uh huh. |25| Q: Did you compile that document? General Electric Co. Page 71 in Q: What's the purpose of - withdraw that. What I2ido you mean by "reprint?" 131 A: They ran out of these, see, in'54. Somebody 14] wanted more. They reprinted the same thing in, what |5| was it, '56. And here we are, what is this date on (6i this? 17) Q: 1960. (8i A: 1960. I9i Q: So your understanding is all of the documents lioi are the same? ini A: Offhand, I would say. To the best of my li2iability, yeah. They're the same. (i3i MR. SABETTA: I think the record should [i4i reflect the witness has not went page by page through [i5i all of the documents. [i6i (Plaintiff's Exhibit No. 506 marked for 117) identification) [is] Q: I'm showing you a document marked Exhibit [19)506. It purports to be from the development [20] department, and it's entitled, "Liquid Dielectrics and [2ii Aroclor A Market Survey" by John S. Harris, August [22) 15th, 1956. 123) A: Uh huh. [24) Q: Do you recall seeing that document? (25) A: I think I've seen this, yeah. Page 70 Ml A: Yes. pi Q: Do you know whether Monsanto did any tests I3| between the time of your last compilation and that Ki document? I5| A: They're the same, I think. It's a reprint. I6| Q: I'm showing you -- well, withdraw that. The Pi question was whether Monsanto did any tests between the I8| time of the one document in 1954 and the document in I9i 1956 on the vapors of Aroclors from a dermatological or lioi toxicology standpoint? mi A: Between these,'54 and'56? mi Q: Yes. li3i A: Not to my knowledge. nil Q: I'm showing you Exhibit 504 for lisi identification which was marked at an earlier 116| deposition. Exhibit 379. This purports to be the same li7| document compiled in 1960 by yourself. Did you compile li8| that document? I i9i A: Yes. I20i Q: Do you know whether any tests were done by mi Monsanto between the time of your 1956 document and I22| your 1960 document on dermatology or toxicology of 1231 Aroclors? |24| A: Not to my knowledge. These are reprints of |2S| the same thing, I think. Page 72 ID Q: Who is Mr. Harris? [2] A: That's John Harris and this is dated '56. As pi we spoke, when I was in the organic division in 1941, [4] and I'd say it was 1943, Harris came into my laboratory 15] in the development department of the organic chemicals [6] division. [7] Q: Do you know who Mr. Harris was? [8] A: Yeah. I just said he was with me. [9] Q: Did he have a title? lioi A: He was a chemist at work. He was with me in ini the laboratory. [i2i Q: So if you look at page 2 of that document, it [i3ihas a heading "Summary and Conclusions." |J4) A: Page 2? [15] Q: Bates No. 35481. [16| A: Yeah. [i7| Q: If you look at the third paragraph, it says, [is] quote, In the transformer field, we have some real [i9i marketing problems with Aroclor. Between these and the [20) improvements being made in competitive materials, there (21) is a danger of losing an appreciable part of our seven |22] million pound sales -- to say nothing of the 14 to 25 123] million pounds in 1965 if it keeps up its earlier rate [24] of growth for this use, period, closed quote. Do you [25] see that? Page 69 - Page 72 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 ..... WATER PCB-SD0000066059 James L. and Barbara Furch vs. General Electric Co. Page 73 pi A: No. I'm sorry. I heard what you were I2| saying. pi Q: Would you read it? |4| A: And Harris wrote this? I suppose he did. pi Q: I just wanted to refer to that language and I6| ask what marketing problems you were aware of about pi Aroclor at that time? I8| A: I wasn't aware of any. I told you I have I9| knowledge of this thing dated 1958. poiMR. SABETTA: '56. ini A: No, here it says '58. Ii2i MR. SABETTA: The document is dated '56. {i3i Q: All right. If you look at the introductory 114| of that Summary and Conclusions, at the top of the {i5| page, it says, quote, We have very few products of P6I which we are the only manufacturer, and the Aroclor Ii7i family is a prime example. It has had a long and Iisi profitable history and last year some 33 million pounds Ii9] were sold for over $5 million -- two-thirds of this for 1201 electrical use, period, closed quote. Do you agree I2ij with that statement? 1221 A: Yes. 1231 Q: The next line says, quote, Notwithstanding 124) its low price, it gives us a very good return on I25i investment. But with our protective patents gone, and Deposition of Paul Benignus 8/23/00 Page 75 HI Callinan from General Electric at Hudson Falls who m later went to IBM. If this is the Tom Callinan that PI was at Hudson Falls, I would know him, yes, I would. |4| Q: Do you know if the Callinan you know came Pi from the Naval Research Laboratory? (61 A: The one I knew was at GE at Hudson Falls, and m he went with IBM to my knowledge. (81 Q: If you look at page 44 of the document, it |9| has a heading under B, "The Pros and Cons of Aroclor in IIOI Transformers". And the first sentence says, quote, Not mi since we asked the disinfectant industry for 112} suggestions on new chemicals have we heard so many 113) criticisms of a product. Rightly or not, Aroclor is [141 considered a thorn in the side of every transformer 1151 manufacturer and user by both those who have had 1161 experience with it and those who haven't, period, (171 closed quote. Do you see that? |I81 A: Yeah. 119) Q: Do you agree with that statement? 1201 A: No. 121) Q: Were you, as part of your duties, in contact 122) with customers of the Aroclor? 1231 A: Yes. Yes. 124] Q: Did you hear criticisms of the product? 125) A: No. Page PI half-a-dozen other chemical manufacturers looking at ]2| the Aroclors, we stand a good chance of losing our hold Pion these products at any time. With the electrical pi sales alone estimated in 1965 from 30 to 55 million isi pounds, this would be quite a loss, period, closed I6| quote. Do you see that? m A: I just listened to what you said, but okay, isi Q: Do you agree with that statement? I9| A: Yeah, sure. I ioi Q: And had Monsanto lost its patents at that i ni time? 112| A: The patents expired, as we already said, by H3| mid 1950s. We already mentioned that. Patents had 114{ expired. I isi Q: B you look at page 4 of that document. It's li6|No. 35483, the last paragraph says, quote, A final [i7| recommendation is that Monsanto acquire a man well Ii8| versed and recognized in this field of 119| electro-chemistry. A man of the caliber of Thomas D. poi Callinan, C-A double L-I-N-A-N, of the Naval Research 1211Laboratory would be ideal. Do you see that? 1221 A: Yeah. I23| Q: Do you know if Mr. Callinan was retained or 124] hired? I25i A: He wasn't retained or hired. I knew a Tom Page 76 [l| Q: Do you know what Mr. Harris is referring |2| to PI A: No. |4] Q: -- when he made these statements? |5| A: Excuse me, no. 16] Q: In the last sentence of that first paragraph, |7| it says, quote, In the following an effort is made to 181 collect and classify the criticisms and, insofar as we |9| are able, to analyze them on objective grounds, closed |I0| quote. mi It then proceeds on and it says, "Aroclor's 1121 Advantages:" Quote, Aroclor's only reason for use in a |13t transformer is, of course, its nonflammability, closed |I4) quote. Do you agree with that? 1151 A: Yeah. |I6| Q: The last paragraph under advantages, it says, 117} quote, Once this is said, it about covers Aroclor's 1181 strong points. Against these must be weighed a rather 119! extensive list of real or imagined faults, period, |20| closed quote. He then goes on and lists these; is that 1211 correct? 1221 A: No. |23| Q: It's not correct? |24| A: No. |25| MR. SABETTA: I think he is interpreting your Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-25 71 621-8883 Page 73 - Page 76 WATER PCB-SD0000066060 8/23/00 Page 77 inquestion to mean do you agree with that? 121 A: It about covers Aroclor's strong points. 13| Against these must be weighed a rather extensive list I4| of - I can't think for Harris. 151 Q: I am not asking you to think for him. I6| A: I just told you I wasn't responsible for I7| Harris. |8i Q: Were you his boss? |9| A: No. I0| Q: Was he your boss? HI A: No. 121 Q: Who was his boss? 131 A: Who was his - I don't even know that. Let me see from the distribution. Where is the distribution? John Gillis, he was trying to be president. Oh, my gracious. Who was Harris's boss? I don't know. I'm lost. Q: If you look under Flammability versus Explosibility at the bottom of page 4, it says, quote, Ranking close to the top of Aroclor's handicaps is the feeling that though Aroclor can't burn, it has exploded and released large quantities of HCL, capital letters, and there isn't much to choose between the two situations, period. What apparently happens is that there is a short in the transformer which causes an General Electric Co. Page 79. m Q: Did he get Fired after this? 12] A: I'm not going to answer the question. Pi Q: If you look at the top of page 45, third [4] sentence down says, quote, Union Electric claims to isihave had several explosions with Aroclor. One, beside [6i Vandervoorts, caused about as much of a mess as a Fire [7] would have. Another case was an explosion in a subway [si that required evacuation of all adjacent people, [9) period. [ioi As mentioned, several utilities are reported Hi] to be going back to oil or over to dry transformers [12] because of this characteristic of Aroclor. General [13] Motors, since the Livonia Fire, has been replacing both [14] oil and Aroclor with dry transformers. Potomac Power [15] in Washington, D.C., are replacing 40 Aroclor [16] transformers for this reason, closed quote. Do you see in] those statements? [is] A: I have been listening. [i9] Q: Aside from listening to me, did you hear [20i those statements? pi] A: From you, yes. [22] Q: From me? [23] A: Yes, right now. [24] Q: Did you know about those incidents that he's [25] reporting on? Page 78 arc. If it is a 'stewing short' the pressure build-up is slow and quite a bit of Aroclor can be decompressed (sic). A: Decomposed. Q: Decomposed, I'm sorry. A heavy arc will cause a fast pressure increase and rupture of the tank, period, closed quote. Do you agree with that? A: I wouldn't say it this way, but I'm not going to disagree with it. Q: It then goes on to talk about a fire in Philadelphia in the 1940s as a result of a stewing arc -- [131 A: Oh, here. |!4i Q: -- that caused much panic and danger -- I'm |15 sorry, much panic and damage as a fire would have, and |I6| reportedly the damage claims and lawsuits were 117 extensive. Are you familiar with that fire? (18 A: No, I am not familiar with that Fire. |19| Q: Why would Mr. Harris be familiar with that [20| fire and you wouldn't be? [21 MR. SABETTA: Objection to the form. 122 A: I have no idea. 123 Q: Did you do the same kind of work? 124 A: I was spending all my time in this area. (25 Harris was when he put this together. Page 80 [i] A: Union Electric is in St. Louis, and there was pi a transformer in Vandervoorts' basement that did [3] rupture and emit gases. I heard that. I don't know [4] exactly when it happened. I heard that. [5] Q: Did you hear about these other incidents? 16] A: That he refers to? 17] Q: Yes. [8] A: No. But he went out and talked to people. I [9] didn't hear about -- I heard what you said. No, these [ioi speciFic things I did not, General Motors with the [11] Livonia. There was a fire at Livonia. I didn't know [12] it had anything to do with a transformer at all, that [13] Livonia transformer fire. (i4| Q: Any other incidents you are familiar with? [15] A: That it lists here, I don't know. He talked [16] to somebody. [i7| Q: How about otherincidents that you are [is] familiar with about explosions and fires and Aroclor (i9| transformers other than what Mr. Harris lists? |20]MR. SABETTA: Objection to form. [21] Q: Do you know of any? [22] A: Yes. I23i Q: What? 124] A: Explosion. There wasan askarel, [25] A-S-K-A-R-E-L, transformer that blew and emitted gas, Page 77 - Page 80 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066061 James L. and Barbara Furch vs. General Electric Co. Page 81 iqand that's true. There was no injury to anybody, no 12| damage to anybody other than the transformer arced, and pi the arc form gas generated pressure and it blew. )4| Q: Where was that? (si A: That was Plaza One, San Francisco. (6i Q: Do you know about when that was? Pi A: I know this from the standpoint there was one I8| of the depositions. Sometime. I9| Q: What about a transformer blowing up in l ioi Binghamton, New York; were you ever aware of that? Ini A: I have heard of Binghamton, but not until now 112| have I gotten information on it. This is a different li3| thing which is very unique, very unusual. 1141 Q: I'm not asking you about unique and unusual. Ii5i I am asking you about transformers and explosions that 116) you know about. ini A: I told you one. This wasn't one. The lis| transformer didn't explode, from what I know, at li9|Binghamton, so that's not one. pot Q: Did you investigate the Binghamton matter? pii A; I said I didn't know about it until right p2| now. |23| Q: But you told me that Binghamton situation I24| wasn't an exploding transformer? I25| A: That's my understanding. Deposition ot ram rsenignus 8/23/00 Page 83 Ml engineering for Con Ed in New York? |2| A: Yes. pi Q: What's that man's name? Hi A: I was associated with him, ASTM. Mention his 151 name. |6| Q: We'll pick it up. Was Monsanto ever able to (7| sell transformers to Con Ed? (8| A: Monsanto didn't sell transformers. I9| Q: Was Monsanto ever able to sell Aroclors to I io] Con Ed? ini A: If Con Ed wanted the fluid, yes, we could. 112} Q: And did Con Ed want the fluid? ii3i A: I don't know specifically. Earl Thomas is Ii4i the man's name. I is] Q: Did Earl Thomas tell you he didn't want the [i6i fluid? ini A: No. Ii8i Q: Did you try to sell more Aroclors to Con Ed li9) in New York City? |2oj A: Monsanto never sold Aroclor unless someone pi) asked for it. (22i Q: If you look at page 47, please, it has a (23]heading, "Toxicity, Etc.:" (24i A: Oh, okay. (25i Q: It says, quote.There were a number of other Page 82 in Q: And who told you that? Pi A: I think it wasn't an explosion whoever told pi me about the Binghamton incident very recently. They HI didn't say it was an explosion. 15) Q: I asked you who told you. |6| A: I heard it from -- El Q: From counsel? (81 A: These people, counsel. El Q: Did you hear it from anybody but counsel? 101 A: Earlier I had heard about an incident at |iil Binghamton, that there was an incident. What happened, l ni I have no knowledge of it until more recently. It was I ni not an explosion as I understand. 114} Q: My question was who told you? lisiMR. SABETTA: I object. Asked and answered. 116| A: Counsel. And prior to that, I heard this 117| from Jim Bryan who was a Monsanto field salesman in 1 is] that New York area. 119| Q: Did you hear about that around the 1981 time I20| period or later than that? I2ii A: 1981. Later. Later than that. P2| Q: Did you hear about explosions and [23| transformers in the New York City area? pal A: In the New York City area? No. 125) Q: Were you friends with the head of electrical Page 84 in complaints about Aroclor. 'Toxicity' was one of the |2] major ones, but usually they were referring to the pi occasional case of dermatitis that occurs. The odor Kiand its persistence were criticized as were the 15i difficulties in handling it: they can't use their 16] standard oil equipment. Others couldn't find 17) satisfactory gaskets, period, closed quote. Do you see |81 that? El A: I see it, yeah. (10| Q` Do you agree HU A: No. |12| Q: Do you agree there were those kind of I mi complaints, so I can get my question on the record, 114) please? 115} A: No. Ii6i Q: Is Mr. Harris making this all up? II7|MR. SABETTA: Objection to the form. Ii8| Q: The next sentence says, The fact that 119| transformer Aroclor is a mixture of Aroclor 1260 and I20i trichlorobenzene has raised problems in the vacuum 12il impregnation of transformers as the trichlorobenzene 1221 tends to distill off. There are possibly other I23| drawbacks to the trichlorobenzene and these are 124) discussed further in the following section on I25| improvements in Aroclor, period, closed quote. Do you Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 81 - Page 84 WATER PCB-SD0000066062 8/23/00 Page 85 iusee that? . )2i A: I just heard you. I get it. pi Q: Do you agree with that statement? )4| A: To the extent that the chlorobenzene was the I5| most volatile component, had the greatest vapor I6| pressure in this blend, it would have been the most |7| volatile component. I8| Q: Do you know if Monsanto ever tested the I9| vapors of trichlorobenzene or tetrachlorobenzene if lio) furans or dioxins were emitted? I >i| A: No. Ii2| Q: Did Monsanto sell Aroclors to the local ini utility company here in St. Louis? IM| A: We supplied it if they wanted it. Ii5i Q: All right. Did they want it? 116] A: You are talking about Union Electric. I li7i don't know of specific incidents, but they used askarel li8i transformers, and I should think they probably did. 119| Q: Did you talk to that utility to try to get 1201 them to buy more askarel transformers? |2i i A: No. 1221 Q: Did youknow they ordered very few askarel I23i transformers? |24|MR. SABETTA: Objection to the form. 125] A: People made a choice, a selection. They General Electric Co. Page 87. in handle and took a lot of care. At the time it was [2jdecided that Detroit Edison wasn't going 'to get mixed P) up with Aroclor'. Do you see that or did you hear Hi that? [5i A: I heard that. 16i Q: Did you know Detroit Edison decided it wasn't 17] going to get mixed up with Aroclor? I8| A: No. |9| Q: Did you havediscussions withinMonsanto [io] about utilities using more Aroclor or less Aroclor? [ill A: Edison Electric wouldreport on the use of 112) transformers, distribution of transformers. The user, [i3j as I already said, had a choice. It was up to you or (i4i to me what our preference is, either askarel or dry [i5i type. Some people were 100 percent on askarel and [16) didn't use dry type at all. Other people, depending on [17] the location, the circumstances, etcetera, elected to ns)use dry type and didn't use any askarel. The askarel (i9)transformer is a very stable, sturdy, dependable [20i workhorse through the years. pi] Q: If you look at page'51, the next to last [22] paragraph, it says, quote, We might not have been able (23j to head off Potomac Power's decision to remove 40 [24] Aroclor-filled transformers, but we could have made [25] sure it was being done for a good reason. Perhaps it's Page 86 HI either use askarel or dry type. It depended on the [21 preference of the engineer at the place. He had that 131 privilege. [4i Q: Do you recall their being meetings and I5| discussions over this particular report by Mr. Harris? 161 A: No. Hi Q: Do you recall there being a project to decide I8| how you could go about selling more Aroclors by virtue |9| of sales devices? lioiMR. SABETTA: Objection to the form, ini A: No. No. H2| Q: If you look at page 51, under Technical li3i Service and Technical Relations, it says, quote, The lmi first possibility is that of building up a technical lisi relationship with the consumer through which we can 116| overcome many of the present misconceptions and head 117| off the growth of new ones. At present we do have iii technical contact with the transformer manufacturers. IivjThe number of major electrical utilities is not so 1201 large - usually not more than one to a city - but [211 that they could be covered. If we had had such a |22| relationship with Detroit Edison several years ago, we [231 might have changed considerably the outcome of the [241 meeting at which no one reported any direct experience I25| with Aroclor, but some had heard that it was hard to Page 88 [i] too late to talk Union Electric from converting from pi Aroclor to oil in downtown St. Louis. Pi A: I want to catch where he's reading. [4] Q: The Maintenance Department of Duquesne Light [5] has been trying for five years to get a policy ruling [6] that no more Aroclor-filled transformers will be Pi purchased because of the trouble they have been having [8] with power factor and packings. Three months ago they [9j were successful, period, closed quote. Do you know any [10] of those things set forth in that particular paragraph [11] by Mr. Harris? [12] A: No, sir. No, sir. ini Q: Wouldn't you be a person who should know (i4| those things in your position of marking? [15] MR. SABETTA: Objection to form. 116] A: Yes. 117] Q: Did you write a rebuttal to this report by I is] Mr. Harris? [19] A: No. I didn't have nothing to do with Harris. 1201 Q: Why not? (2ii MR. SABETTA: Objection to the form. [22[ Q: Where was his office in relation to where [23iyour office was? [24[ A: I don't know. 125] Q: You don't know where his office was? Page 85 - Page 88 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 i ! f i r 1 t WATER PCB-SD0000066063 James L. and Barbara Furch vs. General Electric Co. Page 89 111 A: It was in Monsanto. |2j Q: I thought you said you worked with him. I3|MR. SABETTA: Objection to the form. |4| A: Oh, you missed that. He was working for me I5i back in 1941 or '42. Neither one of us were into this. I6| Q: Was he working with you in 1956? )7] A: No. 181 Q: What was he doing in 1956? I9| A: Weil, he wrote this. gioi Q: We know that. What else was he doing, do you miknow? (i2i A: I don't know. I don't know who he reported 113| tO. 114| Q: Over on page 52, it's talking about Ii5| advertising and promotions. If you look at the third li6) paragraph down under that heading, it says, quote, We 1171 asked several places in the industry what magazines jiaj reached the men who decide on transformers. The two li9| magazines that were nearly always mentioned were 1201 Electrical World and Electrical Engineering. The I2i| latter is the professional journal of the American 1221 Institute of Electrical Engineers. Did you hear that (23i or see that? 124) A: Yes. Yes. 1251 Q: Do you agree with that? Deposition of Paul Benignus 8/23/00 HI A: We didn't sell it. Page 91 |2i Q: You didn't sell Aroclors? Pi A: We provided it to who wanted it. |4| Q: Did you promote the sale of it to architects, isior the projects architects were working on? 16| A: We provided information about the properties, 17) the characteristics of askarel as was available at a Pi given point in time to whoever was interested. I9i Q: Did that -- 1 ioi A: We tried to inform people about the 1 ill properties, the characteristics of askarels. H2| Q: And as part of what you tried to inform them 1 i3i of, did you inform them they could be used in internal li4i locations such as schools, public buildings, without 1 i5i the necessity of an electrical vault? 116| A: No. ini MR. SABETTA: Objection to form. 118i A: No. That was not our business. [i9i Q: I'm sorry. I didn't hear you. 120) A: No. [2i] Q: Let me just represent to you there are such 122] Monsanto manuals saying substantially what I just 123) said. Did you ever see such manuals? 124] A: Where Monsanto recommended - 125| Q: Yes. Page 90 HI A: Yes. Hi Q: Do you know if Monsanto ever advertised in pi those journals'? 141 A: It did not. |5|MR. SABETTA: Let him finish his complete 16] statement of his question. Hi Q: Do you know if Monsanto ever attempted to I8| write articles and submit them for publication in those l9|journals? t ioi A: No. mi Q: Do you know why they wouldn't do that if they mi were trying to promote the sale of Aroclors? 1131 MR. SABETTA: Objection to the form. ji41 A: We made our quota for our use in luitransformance. We didn't sell transformers. Ii6i Q: If you look up to the paragraph, two 1 i7i paragraphs above the one I just read from where it li8) starts out Union Electric, second sentence, it says li9i quote. Union Electric said that on private jobs it is (20| the architect or consulting engineer who decides on the I2i| transformer, period, closed quote. Do you see that? 122| A: Yes. 1231 Q: Do you know whether Monsanto ever tried to I24| promote the sale of Aroclors to architects or for Iasi projects architects were working on? Page 92 IH A: -- this? No. 12) Q: If you look at page 53, it's talking about pi Sweet's Catalog Service. Do you know what Sweet's 14] Catalog Service is? 15] A: No. 161 Q: I'm not going to ask you about it if you're [7i not familiar with that particular advertisement. is] A: I don't know. 19] Q: On page 54, it's talking about new (ioi dielectrics for transformers. HH A: All right. 112) Q: I'm not going to ask you any questions about Ii3| what it says, but did you become involved in attempting ji4| to develop new dielectrics to be used in transformers us) other than Aroclors? li6i A: No. ini Q: Do you know anybody at Monsanto that did? lisi A: No. Ii9] Q: During the time you worked, do you know 1201 anybody at Monsanto that did become involved in 1211 developing new dielectrics for transformers besides 1221 Aroclors during the time period you worked for 123| Monsanto? [24] A: No. I25| Q: That's all I have on that one Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 89 - Page 92 WATER PCB-SD0000066064 8/23/00 Page 93 (Lunch recess) Q: Would you turn to Tab 99 for me in the book in front of you? And we'll mark it with an exhibit tag, please. I'm sorry, we don't have to. I've marked this one already. Mr. Benignus, you're looking at Exhibit 499. That purports to be a letter from Jack T. Garrett, two Rs, two Ts, to Dr. R. Emmett Kelly dated May 8th, 1981. Do you have that in front of you? |9| A: Yes. |!0| Q: Do you know Jack Garrett? III A: Yes. |!2 Q: What does or what did Jack Garrett do at M3' Monsanto? |I4! A: He was assistant to or with Elmer Wheeler in 115 the industrial hygiene. 1161 Q: Do you know what his particular field of (17 study was or expertise? 118 A: Industrial hygiene, I would say. . 119 Q: Have you ever seen this document before? |20| A: I don't think I ever saw this. |2I Q: The first paragraph says, quote, I have |22 enclosed three pages of hand drawn structures of |23 interest in the dioxin and furan fracas. Any material |24 that undergoes strong oxidation has benzene or phenol |25 in it as a contaminant can end up as a compound of more General Electric Co. Page 95 mdichlorophenol, and written in is Nitro. Do you see [2] that? Pi A: Oh, yes. I see that. (4) Q: There's discussions in that particular (5) document about Badische, B-A-D-I-S-C-H-E, producing a I6| batch of trichlorophenol on November 17th, 1953 from pi tetrachlorobenzene when the process exceeded control [8) pressure and temperatures similar to our incident at [9i Nitro. Do you see that? fio] A: Yes. iuj Q: Does that refresh your recollection as to [i2] whether you ever had any conversations with anyone at [i3i Monsanto as to this Nitro, West Virginia matter or this [i4i Badische matter? (15) A: No. [16) Q: Would you agree that if the process by which ini trichlorophenol was produced exceeded control pressures [is] and temperatures that you would get furans and dioxins? (19) MR. SABETTA: Objection to the form. [20] A: I don't know. pi) Q: Up at the top, there is a series of names, [22i Mr. H. K. Nason, N-A-S-O-N, M.O., Mr. R. E. Soden, [23) S-O-D-E-N, Nitro and Mr. L. C. Weger, W-E-G-E-R, [24) Nitro. Do you see those names? [25) A: Yes. Page 94 m than one benzene nucleus. What dioxins and furans are pi are oxygen-bridged benzene nuclei. Do you see that? Pi A: Yes. |4| Q: Do you agree with those statements made in isi that paragraph? [6i A: I have no reason to disagree with it. [7| Q: Do you know if Monsanto ever tested any of 18) its chemicals for the presence of dioxin or furans. I9| (Discussion off the record) 1101 A: No, not that I know of. ini Q: Did you have any discussions with Dr. Kelly 112| or Mr. Garrett about furans or dioxins? I i3i A: No. I ]41 Q: Did you have any such discussions with Mr. 115| Wheeler? Ii6| A: No. 1171 Q: Canyou turn to Tab 14for me, please? You [i8i have in front of you Exhibit 488, previously marked, l io| which purports to be on the letterhead of Monsanto |20| Chemical Company dated June 12th, 1956 from Elmer P. pii Wheeler to Dr. R. Emmett Kelly. Have you ever seen (231 that document before? [231 A: No. I24| Q: Now,that document has as areference l25[chloracne cases at Badische Anilen due to Page 96 in Q: Do you know any of those gentlemen? Pi A: Yeah. I reported to Holloran Nason in 1939. Pi That's when I went to application research. [4] Q: Where was Mr. Nason located in 1939? Pi A: In St. Louis. 16) Q: Do you know what the designation M.O. stands [7] for? [8] A: Main office. [9] Q: How long did you report to Mr. Nason? [10] A: A year and a half. It wasn't beyond two [11] years. [12] Q: What was his title when you reported to him? [i3[ A: He had a group that he was the head of called [14] application research. We were affiliated with the [15] research department. [16] Q: Do you know who Mr. Nason reported to at the [17] time you reported to him? [18] A: Tom Carswell, C-A-R-S-W-E double L. [19] Q: Do you know what title Mr. Carswell had at [20] that time? pi] A: I don't know his title. [22] Q: Do you know what title Mr. Nason had in 1956? [23] A: Oh, he was -- let me think, 1956. I don't [24] know what title Howard had at that time. It addresses [25|him as M.O. That means main office. He must have been Page 93 - Page 96 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066065 James L. and Barbara Furch vs. General Electric Co. Page 97 Ml in the main office on South Second Street. |2| Q: Do you know what department he worked for? I3| A: He was with - no. I really don't. |4| Q: Did you know either of these other two Ul gentlemen, Mr. Soden and Mr. Weger? I6| A: I knew Bob Soden. pi Q: When did you know him, in 1956 or before? I8| A: I knew him -- incidently, he had been at the l9iKrummrich, K-R-U-M-M-R-I-C-H, plant. Bob Soden was a [ioi manager there when I knew him, so this will go back to mi 1940s. 1121 Q: Was he involved in the manufacture of Ii3| Aroclors at the time you knew him at the Krummrich 114] plant? Ii5i A: No. No. Not to my knowledge. Ii6) Q: At some point--withdraw it. What about Mr. 117| Weger, did you know him? list A: I didn't know him. Ii9| Q: Do you know any of these other gentlemen, Dr. poiOettel, O-E-T-T-L-E? I2i| A: No. I22| Q: Dr. Hofmann, H-O-F-M-A-N-N? 123| A: No. 124] Q: Dr. Palm, P"A-L-M? I25| A: No. Deposition of Paul Benignus 8/23/00 Page 99 m this impurity can show up in the production of any |2| chlorinated phenols and is probably responsible for any Hichloracne which has been due allegedly to Hichlornaphthalenes, pentachlorophenol, chlorinated I5|biphenyls, etc., period, closed quote. Do you see 16] that? I7| A: Yes. 181 Q: Was any of that information ever brought to |9| your attention? I to] A: No. im Q: Did you ever have any conversations with 112] anyone from Dow Chemical with respect to dioxins or 113] furans? 114] A: No. |i5i Q: Did you have discussions with anyone else in Ii6] Monsanto in which they told you they had discussions f!7| with people from Dow Chemical? US] A: No. 119) Q: If you turn the page over to No. 5177 of that 120] exhibit, the next to last paragraph says, quote, We 121} reviewed thoroughly Mr. Weger's excellent 'History of !22iChloracne' which he sent to me with covering memo dated !23|May 15th, 1956, and which included descriptions of 124] Kettering's, K-E-T-T-E-R-I-N-G-S, reports of their 125) human and animal research, closed quote. Do you see Page 98 HI Q: W. Soenksen, S-O-E-N-K-S-E-N? (2) A: No. pi Q: Do you see the reference down at the bottom [4| of the first page of that Exhibit 488, one mg of I5| chlorinated diphenyl oxide? 16| A: Yes. (7| Q: Do you know that as dioxin? |8| A: I would say yes. I9| Q: Thatsentence before those milligram numbers hoi says, quote, A thorough systematic investigation has im isolated impurities in the trichlorophenol process, H2| paren, or residues, closed paren, which will cause the |i3|same effects in rabbits. Liver necrosis will develop H4| in rabbits at the following doses of the indicated I is i materials, closed quote. Do you see that? H6| A: Yes. ii7i Q: And the next page, it says, quote, Dr. Oettel iis) believes that the most potent chloracnogen is a 119) compound somewhat similar to chlorinated diphenyl oxide 1201 but probably with additional oxygen atoms in the (2ii molecules. He has corresponded with Don Irish, i'2i I-R-I-S-H, at Dow, who either reached the same I23i conclusion independently or, in mentioning the 124) potential of chlorinated diphenyl oxide, influenced 1251 Oettle's reasoning. Oettle believes, further, that Page 100 Hi that? 12) A: Yes. [3] Q: Did you ever see a document titled "History {4i of Chloracne" dated May 15th, 1956? (5) A: No. 16] Q: Did you have any discussions with anyone from )7) Kettering? 18) A: No. |9| Q: Do you know whether that refers to Kettering I ioi Laboratories? im A: Yes. li2i Q: Did Monsanto employ Kettering Laboratories Ii3i with respect to their tests on some of their chemicals? 114| A: Yes. 115] Q: What do you know about that? 116) A: I know of this because the man I reported, Ii7i the vice president of Monsanto, Lynn Watt, was my 1 is!boss. I'm going back to the time you have to 1941 or H9| '42 when I was in the organic chemicals division 12oi development department headed by Lynn watt. He was my f2i] boss. [22] Now, he had the funding. He hired him, 1231 Kelly. Kelly hired Wheeler. Watt, in his duty as head I24| of the development department, funded, paid for, the 125) studies that were made by Kettering. I heard it in Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 97 - Page 100 WATER PCB-SD0000066066 8/23/00 Page 101 HI that connection. |2| Q: What kind of studies were funded by Monsanto PI at Kettering that you were aware of? Hi A: Well, studies with animals and so forth. I5| Q: Were they studies with chemicals that I6| Monsanto manufactured? l?i A: Yes. Yes. That come under Watt. isi Q: What chemicals were studied? I9| A: I can't be specific because I really wasn't 1101 in that area. im Q: All right. Do you know whether I'm U2| sorry. Ii3| A: Excuse me. Go ahead. ini Q: Do you know whether Aroclors were studied by |isi Kettering at about that time? 116| A: In '42, when I was there? 117] Q: The time period you're telling me about. Ii8| A: Yes. Which I'm defining as '41 or '42, I 119] don't know at that time, no. I20i Q: Do you know of any later time period where I2ii Aroclors were studied by Kettering? I22| A: At some point in time, I think there were. 1231 Q: Are you familiar with the name Joe Treon? |24| A: I heard -- Joe Treon? Yes, I think I heard I25| that name. General Electric Co. Page 103 til 490 for identification which is entitled "Conference at Pi Kettering Laboratory" and ask if you've ever seen that Pi exhibit before? (4i A: No. |5j Q: Would you scan through it, please? I just (6i want to ask you whether there's anything in it that |7] refreshes your recollection as to discussions on the [8| topics set forth in that particular exhibit. I9i A: No. (ioi Q: If you look at the page with the Bates number MU005180 and the last paragraph, the last sentence [121 starting on that page states, quote. Dr. Suskind stated (i3i that in the Monsanto cases the skin problem was not (14) disabling but the many other symptoms such as vertigo, (isi aching muscles, dyspnea, D-Y-S-P-N-E-A, and headaches li6i were. In close checking the varying secondary (i7| symptoms, paren, once termed bizarre, closed paren, it [isi developed that all of the typical symptoms were common (i9i to both the German and Monsanto cases with the |2oi exception of dyspnea and intolerance to cold. Do you (2ii see that? [22] A: Yes. [23i Q: While you were preparing some of the earlier [24i documents we've gone through on Aroclors, did you have (25) any discussions with Dr. Kelly or Mr. Wheeler about Page 102 in Q: Did you have any dealings with Mr. Treon? (2| A: No. I3| Q: Do you know about when you heard that name? |4| A: No. isi Q: Did you ever hear the name Dr. Suskind? I6| A: I think I heard that name. I7| Q: About when did you hear that name? |8| A: I don't know. I9| Q: Was that associated withstudies that Dr. I ioi Suskind was doing on Monsanto employees? im A: I don't know, but I think I heard the name (!2| Suskind. Ii3j Q: Do you have any recollection at all as to in li4| what context you heard the name? 1151 A: Well, I think in the context it was something li6i that had to do with medical studies. 117| Q: You have no recollections in any l isi conversations with Mr. Wheeler or Dr. Kelly as to li9j discussions about Nitro, West Virginia or chloracne poi associated with this manufacture of trichlorophenol? (2i i A: No. (221 Q: Would you turn to the next page, please? I |23|don't know how they've got it set up, the next tab. I24| MR. SABETTA: Fifteen? [isi Q: Let me come over. I'm showing you Exhibit Page 104 pi systemic matters such as those I referred to? Pi A: No. pi Q: Would you have compiled a document Hi differently if you had been told? 15] MR. SABETTA: Objection to the form. (6) A: I would say no. I wasn't in this, pi Q: The question was whether you would have put [8| that document out under your name without referencing [9] these systemic problems had you known about them? [io(MR. SABETTA: Objection. Form, im A: If I know something and sign it, yeah, sure, (12) I put it out. (13) Q: Did you ever hear that Dow Chemical provided (14) Monsanto with a process in which to measure or (isi determine the presence of dioxins or furans in its [i6i chemicals? ini A: No. [is] Q: Do you know whether there was some time [i9i period where Monsanto started to check its chemicals to [20] see if they contained dioxins or furans? 1211 A: Not that I know of. (22i Q: Would you turn to Tab 43 for me, please? [23] We've marked that document Exhibit 395, It purports to [24] be a document prepared by W. R. Richard to yourself; is [25] that correct? Page 101 - Page 104 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 f t { ( l t i WATER PCB-SD0000066067 James L. and Barbara Furch vs. General Electric Co. Page 105 111 A: Yes. I2| Q: And the particular topic of that document is pi disposal and incineration of Aroclor; is that correct? Hi A: Yes. isi Q: Who is Mr. Richard? 16| A: Dr. William, Bill, Richard. He was the |7| research leader, director of the fluids group here in isi the organic chemicals division and PCBs fluids group. 191 Q: PCBs were in the fluids group; is that what i toi you are saying? ini A: Yes. Yes. 1121 Q: All right. If you look at the first page of 113) that exhibit up at the top, it says, To defend the imi Aroclor position, it seems that we should provide for 1 isi disposal of and incineration of off-grade fluid and ji6j work with Westinghouse and Findett on the disposal of 117] the off-grade capacitors as well, period, closed list quote. Do you see that? I isi A: Yes. 1201 Q: Had Monsanto developed an incineration I2ii program up until that time? 1221 A: I don't know whether up to that time. I23i Q: Why is Mr. Richard writing to you? 124] MR. SABETTA: Objection to form. 1251 Q: Withdrawn. What's your role in the 1969 time Deposition of Paul Benignus 8/23/00 Page 107 HI Q: Well, you have no recollections of any I2| discussions or documents of correspondence on.the-topic 13] of incineration of Aroclors prior to receiving this Ki document, Exhibit 395; is that a fair statement? I5[ A: That's correct. I6| Q: Now, the next paragraph says, quote, At I7| present we are putting reclaim Aroclor into new 18) Pydraul, P-Y-D-R-A-U-L, capital letters, hydraulic I9| fluid. Do you see that? lioi A: Yes. ini Q: Did you know that at the time? |i2| A: Yes. 113] Q: So as I understand it, Monsanto would receive Ii4i material back from the customers that reclaimed Aroclor lisi and put it back into formulation and resell it to them? 116] A: They cleaned it up and put it back. 117| Q: Pydraul is what kind of a fluid? Ii8| A: Pydraul is a hydraulic fluid used in die {i9i casting machines. 120) Q: At some point, did Monsanto limit the sale of I2i] pydraul hydraulic fluid? 1221 A: In 1970, terminated it. |23| Q: What was the basis for the termination, do I24i you know? I25| A: The executive committee. Page 106 m period in the disposal and incineration of Aroclor? pi A: I knew the people in the capacity listed Plhere, and it says transformer industry. Well, they Hi don't list people -- it came to me, I'd say, because isi these were our customers that people who bought askare! I6| dielectric from us and had through disposal scrap stuff j7j to dispose of. 18] Q: This document is directed to you? 19) A: Yeah. lioi Q: As the person to whom it's sent with copies inlto others? Ii2i A: Yeah. ini Q: Had there been meetings you were present at l mi prior to this document about incineration of Aroclors? iisi A: Not that I was present at, but the answer to li6| your question is no. ini Q: Do you have a recollection of seeing this lisi document before? 1 isi A: Yes. 1201 Q: Do you have a recollection that it came out PH of the blue? I22[ A: Out of the blue? |23i MR. SABETTA: Objection to form. 124] Q: Yes. Or were you surprised to receive it? Iasi A: I'm never surprised. Page 108 HI Q: I'm sorry? [2i A: The executive committee of Monsanto I3[ terminated the nonelectrical business in 1970. 14) Q: Do you know why they did that? 15] A: Because of ejection from environmental people 16) through PCBs. 17] Q: Did Monsanto continue to sell Aroclors after isi the 1970s? [9i A: Yes. |io) Q: What were they used for after that date? im A: Strictly dielectrics. ini Q: When you say "dielectrics," do you mean for imi use in closed systems? I mi A: Yes. H5| Q: Those closed systems would include capacitors (island transformers? 1 i7i A: Yes. 1 isi Q: Anything else? 119] A: It could include some switch apparatus, po|switches, in a minor way. 12ii Q: And at some point, did Monsanto discontinue 122] manufacture of Aroclors completely? 123| A: In 1977. I24| Q: Do you know whether, as a condition of 1251 continued sales of Aroclors for use in dielectrics, Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 105 - Page 10: WATER PCB-SD0000066068 8/23/00 Page 109 in Monsanto required some form of agreement to hold them 121 harmless from the customer? pi A: Yes. hi MR. SABETTA: Objection to form. I5i Q: What did they require from the customers in I6i order to continue to sell Aroclors to them? I7| A: They had to sign a no harmless agreement, and isi they had to confirm that they were a manufacturer of I9| either askarel transformers or capacitors, lioi Q: Was that a hold harmless agreement, you said? n H A: Hold harmless. 112| Q: And when was that agreement initiated? 1131 A: After 1970 and before final shutdown, which I 114| think I said a minute ago it was 1977. 1151 Q: Does 1972 sound about the correct time that li6i the hold harmless agreement was required? 117| A: Yes. Ii8| Q: Did you participate in plans for building an li9i incinerator to destroy returned Aroclors to Monsanto? poi A: I think that's what's behind this. 1211 Q: Other than receiving this document, I am 1221 asking whether you participated in the program of I23| incineration of returned Aroclors? (241 A: To the extent of - I'm looking at the 1251 distribution. I see Kountz and Kuhn on here, I can General Electric Co. Page 111 m Q: What was his training in, do you know? [2] A: He had been -- he was a chemical engineer. Pi He had been at Anniston, and he had developed a Hi continuous column called porous cell column for I5| filtering, cleaning up, enhancing the quality of 16] askarel dielectrics. That was at Anniston. Then he pi came to St. Louis and he was associated with me. But [8] at this point in time, '69, he was really under 19) Johnson. [ioi Q: When was the time period that Mr. Bryant was in] involved in developing a process for cleaning up the (12) dielectric? 113| A: When he was at Anniston. (Hi Q: When was that, about? [is] A: I think Bryant, if I remember, came to St. [16] Louis in early '69 or '68, so it would have been [17] sometime prior to that. I don't know when he started [is] at Anniston. ]i9] Q: Was this process being designed to clean up poi the dielectric, so that it didn't contain furans or pi] dioxins? [22] A: No. [23] Q: What was the process designed to clean up? [24] A: Contaminants that may have gotten into the [25] fluid through that to be removed by filtering through Page 110 HI tell you. I2i Q: Kountz is K-O-U-N-T-Z and Kuhn is K-U-H-N? I3| A: Yes. Hi Q: What was their position in Monsanto? I5| A: They were in the engineering department and, I6ias I understood it, instructed to build an incinerator. I7| Q: Who instructed them to do that? Isi A: I don't know. (9i Q: Did Monsanto make a charge for returned lioi Aroclor? [til MR. SABETTA: Objection to form. 1121 A: Yes. 1131 Q: How much of a charge did Monsanto make? ini MR. SABETTA: Objection to form. 1 is] A: I think three cents a pound. 116| Q: Can you tell me who N. T. Johnson was? 117| A: Yes. I is] Q: Who was he? Ii9| A: He was the head of the field sales people. I20i Q: Who is D. A. Olson? 1211 A: He was an assistant to Howard Bergen, the I22| manager, the head of the fluids group business. I23| Q: What was J. Bryant, B-R-Y-A-N-T, at the time? 1241 A: At this time, Bryant, he was a specialist in I25| the field on dielectrics. Page 112 in porous cell, if you will, which was standard practice. Pi Q: What contaminants are you referring to? pi A: Anything. Anything that might influence the [4j dissipation factor, the bar factor of the askarels, or 15] moisture, water definitely or what have you and from [6] our environment. pi Q: Did you have any discussions with Mr. Bryant [8) or anyone that one of the purposes was to clean up the 19] contaminant of furans? poi A: No. HU Q: Did you have any discussions with anyone [12] withdrawn. [13] (Recess) (Mi Q: Going back to Exhibit 395, Mr. Benignus, it [15] appears that Mr. Richard is asking for some information [16] with respect to the transformer industry in terms of in] fluid to be used for disposal; is that correct? 118] A: Yes. [19] Q: Was he'asking you to provide those numbers? [20] A: Essentially, but Bryant preparedthem. [21] Q: Okay. Look at Exhibit 50 or Tab 50 for me, [22i please. Off the record. [23] (Discussion off the record) 124] (Plaintiff's Exhibit No. 507 marked for [25] identification) Page 109 - Page 112 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066069 James L. and Barbara Furch vs. General Electric Co. Page 113 in Q: I'm showing you 507 for identification, Mr. Benignus. It purports to be a monthly summary in January of 1970 for functional fluids. Have you seen this document before? A: I have not seen this before. Q: If you look at the first page of 507, there's some handwriting on it, including the word "circulate." It includes a series of numbers, P. G. Benignus which is crossed out. Do you see that? (101 A: Yes. im Q: Do you know whose handwriting that is? H2) A: No. [I3| Q: There's other names there under the word 114) 'circul ate" starting with Olson. [151 A: Yeah. |16] Q: Do you see those? 1171 A: Yeah. (!S| Q: 119} at that |20| A: [21] Q: \22\ about? [231 A: Yes. |24| Q: Did it have a name? |25| A: It was really the functional fluids group. Deposition of Paul Benignus 8/23/00 Page 115 11 Q: Who are those gentlemen? 12 A: Bergen was the head of the products group, 13 fluids products group, Bergen. Papageorge would have |4 been called up to be the person specifically to receive 15 work, handled environmental matters at this point in 16! time. And Tracy Patrick, he was in research. P Q: Was Mr. Bergen in your chain of command? 18 A: Yes, Howard, yes. |S>I Q: Was he a boss of yours? |101 A: Yeah, essentially, yes. H Q: Was he a boss of these other gentlemen, 112] starting with D. Olson? 113 A: Yeah. |14 Q: Now, had you seen these monthly summaries for [15 functional fluids before? (16! A: No. 117, Q: The next page under the heading says "Aroclor 118] Defense." And the first paragraph talks about fish (19 samples. And the last sentence says, quote. The fifth |20! sample is a human biopsy fat specimen. All samples are [21 estimated to contain ppm levels of PCBs along with 122 other chlorinated hydrocarbons, paren, DDT, DDD, DDE, [23! BHC and Dieldren D-I-E-L-D-R-E-N, closed paren, period, 124 closed quote. Do you see that? |25 A: Yes. Page 114 IK Q: this document purports to be from a Pi series of names, Brooks, Dietrich, Emery, Fowler, pi Hinchen and Keller. Do you know what group or division HI those names belong to? [5i A: Bob Keller was in research. He was in [6| research. pi Q: Was that group of names a research group? |8[ A: R. E. Keller was in the research department. [9i Q: What about the other names; do you know what ! ioi group they belong to? mi A: I can't place these names. I mi Q: Okay. Now, under distribution, it says to H3l and there's a listing of names starting with J. W. !i4| Baker, seven names all together. Do you know if that 1 t5i series of names belong to a particular group? H6| A: Yes. Munch was in research, and Richard was 117) the director of research. Stark was in the group. He Ii8i was - he put hydraulic fluids together. He worked on 119) that. Quinn Thompson was in research. These were i;oipeople in the organic division. I didn't know Baker or pilHerber. 1221 Q: Under the heading "Others," it says T. M. Iasi Patrick, H. S. Bergen, B-E-R-G-E-N, W. R. Papageorge, [241 P'A-P-A-G-E-O-R-G-E. Do you see those names? 125) A: Yes. Page 116 Q: Did Monsanto have the analytical capacity at that time to do measurements and samples of this sort at the ppm level? A: The Wisconsin Research Alumina Foundation has submitted to us, Monsanto, for mass confirmation. I'd say mass, M-A double S, spectro, S-P-E-C-T-R-O, photo P-H-O-T-O, metric, M-E-T-R-I-C, analysis confirmation. I'd say we had that capability in 1970. And Keller, Keller would have been on the receiving end of it. He had the mass spectrophoto, Q: Do you know how long Monsanto had that ability prior to 1970? A: No. Q: If you look at the fifth paragraph down, it says, quote, The applicability of extending the analytical techniques developed to monitor Aroclors, Bromo Aroclor 1242, Arobrom, A-R-O-B-R-O-M, 1228 and tri-tetrachlorobenzenes has been established. Only slight modifications are necessary, period, closed quote. Do you see that? A: Yes. Q: Do you know why analytical techniques were developed to monitor tri-tetrachlorobenzenes? A: No. Q: I believe you told us that Monsanto didn't Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 113 - Page 11 WATER PCB-SD0000066070 o, 2J/U0 Page 117 Ml manufacture tri-tetrachlorobenzenes in the 1970 time 121 period among others, perhaps? I3| A: Correct. |4| Q: Do you know if it was blending triI5| tetrachlorobenzenes obtained from other chemical I6i companies during this time period, the 1970 period? |7| A: I don't think so. 181 Q: Why was it monitoring tri-tetrachlorobenzenes 19| at that time, do you know? I io] A: No. Mil Q: If you look at the second paragraph after 1121 that, it says, quote, Plans have been made to determine 113] the feasibility of incineration as a means of disposing 114| of non-reclaimable Aroclor and Aroclor containing list waste. Three materials, Aroclor 1242, waste Intereen, M6| I-N-T-E-R-E-E-N, and Aroclor 1260 will be tested at li7i 1600 degrees F, and 2000 degrees F. The tests will be lis] carried out by John Zink, Z-I-N-K, Company in Tulsa, Ii9i Oklahoma on March 10th. Provisions have been made to 120| sample the stack gases for PCBs, period, closed quote. [2i i Do you see that? I22i A: Yes. 1231 Q: There's a note in the margin that says I24| Papageorge attending. Do you see that? 125i A: Yeah. General Electric Co. Ml respect to PCBs? Page 119 [2| A: No. Pi Q: Did you know Don Turner? (4) A: No. [5i Q: Were you told anything about these matters 16i that I've asked you about with respect to this exhibit? I7| A: No. isi Q: Would you take a look at Tab 62, please? I9| Have you had a chance to look at that? t to] A: Yes. MU Q: Exhibit 402 purports to be a letter from Mr. 112) Papageorge dated July 6, 1970 to Mr. Wilburn. [i3i A: Yes. [14] Q: Manager, engineering, Westinghouse with a [is] copy, blind copy, sent to yourself and D. A. Olson; is [16] that correct? 117] A: Right. (18) Q: Referring to the second paragraph, the second [19] sentence, it says, quote, As we discussed previously, poi total destruction of PCBs can only occur above 800 [21] degrees C, period. Any temperature below this minimum [22] will result in vaporization with release to the [23i atmosphere or worse yet, it is possible to partially [24] oxidize PCBs into materials which can be highly toxic, I25iparen, E period G period dioxins or furans, closed Page 118 n Q: Do you know whether tests were carried out by 12 John Zink Company in terms of incineration? 13 A: I can't say definitely, but I see it here, so 14 I assume they were. And you're right, Inerteen. You 15 could -- |6| Q: That spelling? 17 A: Very discerning. I* Q: That spelling is a misspelling, correct? 19 A: Yes. 110] Q: That means to refer to -- 111 A: Inerteen which is a Westinghouse trade name 112 for their askarels. 113 Q: Which includes Aroclors made by Monsanto; is [14 that correct? 115 A: Yes. 116! Q: The next page up at the top says, quote, The 117, Anniston plant analytical laboratory is currently in 1181 the process of setting up the equipment to do their own 1191 PCB analysis. In support of this, one man week was 120] spent in St. Louis familiarizing Don Turner, who will 121 be doing the analysis at Anniston, with the analytical 122 methods and equipment, period, closed quote. Do you 123 see that? |24 A: Yes. 125 Q: Do you know what Anniston was analyzing with Page 120 Miparen, period. Your incineration should be thoroughly [2] reviewed, period, closed quote. Do you see that? [3] A: Yes. [4] Q: Do you recall discussions about incineration [5] below 800 degrees centigrade resulting in dioxins or [6] furans prior to this Exhibit 402? [7] A: No. 18] Q: Do you recall seeing this letter? PI A: Yes. [10] Q: Do you know what the basis of Mr. [11] Papageorge's statement about dioxins or furans being [12] possible to be produced by partial oxidation? [13] A: No. No. [i4i Q: What were you doing for Monsanto during this [is] time period, July of 1970, generally; were you still 116] involved in sales or marketing? 117] A: I was still there, yes. its] Q: Do you recall your title? [i9] A: I don't recall that I had any. poi Q: Would you take a look at Tab 81 for me, (2i i please? 1221 (Plaintiff's Exhibit No. 508 marked for [23] identification) [241 Q: I'm showing you Exhibit 508 which purports to [25] be a letter from yourself dated May 15th, 1972 to a Mr. Page 117 - Page 120 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066071 James L. and Barbara Furch vs. General Electric Co. Page 121 Ml Fralick, plant engineer at International Harvester PI Company. And under your typed signature, it says, Pi Market manager dielectric fluids. Would that be your |4| title during that time period? |5| A: World. |6| Q: World market? PI A: W-O-R-L-D put in front of that, world market I8i manager dielectric. [9] Q: Was that what you were in 1970 also? |10| A: That's what the card said. MM Q: I don't care what the court said. |12MMR. SABETTA: No, he said the card. [131 A: The cards. [14) Q: Okay. M5] A: Which I never used. It's a calling card. (16| Q: How long had you been the world marketing 117] manager for dielectric fluids for Monsanto? |18| A: Since - I have to try to think. After mid Ii9| 1950. |20] Q: We're not used to dealing with such modest I2i| people, Mr. Benignus. |22| A: I'm doing the best I can. [23] Q: So as I understand it, you were world market ]24| manager -- |25| A: Yeah. Deposition of Paul Benignus 8/23/00 Page 123 Ml to Espey, E-S-P-E-Y, Manufacturing Company with a copy Plto yourself; is that correct? pi A: Yes. Hi Q: And if we turn to Exhibit 403 at Tab 64, that Mi purports to be a letter from Mr. Papageorge to P. R. I6| Mallory, M-A-L-L-O-R-Y, Company, July 7, 1970 on the Pi topic of incineration, among other topics, a copy to |8| yourself. Do you see that? I9| A: Yes. DO] Q: Do you recall seeing those letters? Mil A: Yes. MU Q: Now, that letter doesn't use the phrase 113] "dioxin or furans." At page 2 in the third paragraph, M4| second sentence, it says, quote. Any incineration below |is|800 degrees centigrade will result in vaporization 116] which will contaminate the atmosphere or in partial 117] oxidation which may yield materials which are highly Ii8| toxic. Do you see that? Ii9| A: Yes. [20] Q: Did you ever ask Mr. Papageorge why he was pi] telling some customers about this matter using the 122] words "dioxins" and "furans" and other customers using 123] the word "highly toxic" without identifying the topics I24i or the chemicals? 125) A: No. Page 122 m Q: - for dielectric fluids for Monsanto from 12) the mid 1950s until you retired in 1974; is that p i correct? I4| A: It faded away in my title. I was employee -I5| employee emeritus. Do you know what that means? 16] Q: Strangely enough, I do. We've got your 17] retirement announcement in there, Mr. Benignus, so we 18] don't want you to get too modest. Going back to pi Exhibit 402 which was at Tab 62, you were the world ltog marketing manager for dielectric fluids for Monsanto, uuand didn't know that dioxins and furans were produced 112) if it was incinerated below 800 degrees centigrade? I13|MR. SABETTA: Objection to the form, imi A: That is correct. 1151 Q: Well, when you got this letter, did you call 116| up Papageorge and talk to him about it? 117] A: No. Ii8i Q: Didn't make any impact on the way you went 119] about your business? |20| A: No. |2i| Q: Do you know that Papageorge sent several of I22| these letters to customers of Monsanto? 123] A: I think this is the only one I saw. 124| Q: Well, let's turn over to Tab 63. That's been (25t marked Exhibit 400, a Papageorge letter of July 6, 1970 Page 124 in Q: Turn to Tab 65 for me, please. We have pi marked that document Exhibit 492. It's a document on 13] Monsanto heading dated July 14th, 1970 entitled 14] "Anniston Visit July 6th, 1970." It has W. R. Richard 15] Research Center, St. Louis, Missouri name on it. And [6] it's sent to yourself among other people; is that 17] correct? [8i A: Right. 19] Q: Do you recall getting that document? Iioi A: I've seen this. |iil Q: Do you know what the purpose of that Anniston Ii2| visit was? M3| A: Richard wanted to inform us as to what he did 114) or saw or sought to comment about it. That was the I is] purpose of this, to let these people know, to inform |I6| us. ini Q: And in that document, he talks about certain li8| processes in the first three paragraphs; is that 1191 correct? 120) A: Yes. I2ii Q: And the fourth paragraph says, quote, We 122] discussed need for keeping dibenzofuran and dibenzo|23| dioxin out of the biphenyl to avoid toxicity problems. |24| This reflects need to watch oxygen in product in I25| benzene and in promoters, period, closed quote. Do you Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 121 - Page 12^ WATER PCB-SD0000066072 8/23/00 Page 125 in see that? |2| A: Yes. pi Q: Do you know whether Anniston was checking its I4| products at that time for dioxins and furans? 151 A: No. I6| Q: Did you ever have any discussions along those I7| lines? isi A: No. I9| Q: Now, your name is on the same line with J. hoi Bryant's with a slash; is that correct? mi A: Uh huh. 1121 Q: Where was Mr. Bryant working or Dr. Bryant li31 working at that time with respect to your office? Ii4| A: Jim Bryant was - 1970, Jim Bryant was 1 isi closely associated with me. Jim, at this point, was, I Ii6| think I'm right, was a field specialist in the area of Ii7|dielectrics, meaning he would be calling on our H8| customers in the field. . 119| Q: When you'd get a document such as this, 492, I20| what would you do with it? mi A: When I get it? 1221 MR. SABETTA: I object to the form. 123} A: What? (241 Q: When? I25| A: When I got it. I thought you said when I did General Electric Co. Page 127 HI A: I'm reading it. I'm reading it. Yeah, I [2] read it. |3| Q: Okay. Have you seen that document before? |4| A: I don't think so. is) Q: Do you know -[6] A: I don't recall it. 17} Q: Do you know who J. R. Savage is? |8| A: Savage was there in some engineering [9] capacity, I think. lioi Q: When you say "there," do you know what plant (ill or office? [i2i A: Well, it says here St. Louis. St. Louis [13] B2SL. That means Building 2 St. Louis. J. R. Savage. [i4i Jim Savage. [isi Q: Where was your office at that time? [16] A: Seventy-two. We had moved out to Creve in) Coeur. I was in the B building. [isi Q: Were you in the B2 building? [i9i A: I guess B building, B2 building. I don't [2oi know if there were two of them. pi) Q: Was that the same building Mr. Savage was at? [22) A: I think so. [23i Q: Who was C. Paton? [24) A: Cumming Paton, he was an assistant and [25] reported directly to Gossage. Page 126 m it. I'm sorry, when I got it. 121 Q: Let me start over again. When you would Pi receive a document such as Exhibit 492, what would you I4| do with it? isiMR. SABETTA: Objection to the form. I6| A: I'd file it. |7| Q: Would you read it? '|8| A: Yes. I9| Q: Did you ever tell any of Monsanto's customers lioi that you dealt with anything about dibenzofuran or nudibenzodioxin? 112| A: No, I never did. Ii3i Q: Did you discuss whether that should be done ii41 with anybody at Monsanto? 11si A: No. They were doing their thing. Ii6| Q: I didn't hear you. 117| A: No. I said no. li8| MR. SABETTA: I think he said they were doing li9| their thing. I20| Q: Would you take a look at Exhibit 82 for me or I2iiTab 82. We placed an Exhibit No. 494 on that I22| particular document which is on Monsanto letterhead I23| dated June 13th, 1972 on the subject of I24| chlorodibenzofuran. It purports to be sent to W. R. I25i Richard from a J. R. Savage. Do you see that? Page 128 [i] Q: Who was Gossage? [2) A: Tom Gossage was directly under Howard Pi Bergen. Bergen was the director. Gossage reported to Hi Bergen and Cumming. Dr. Paton reported to Tom Gossage. [5) Q: In that exhibit, J. R. Savage says Cumming [6i Paton has asked we develop a history on [7j chlorodibenzofuran content of our PCB products. The (8i plant has no methods for this analysis. If we just (91 need to screen a few current batches, this is perhaps lioi better done in Research, but if we want to develop a HU continuing history, of say every fifth batch as we did (12) with Dioxins and Penta, we should have a method [i3| developed that is suitable for routine plant use. Let 114] me know how you would like to proceed, period, closed [isiquote. Is that correct? That's what it says? (i6i A: Right. Savage has to do with the plant. ini Q: Would this refer to the Krummrich plant? [isi A: As we did with dioxins and penta. I thought [i9iyou said they were making --1 don't know. I don't |2ojknow. I2i| Q: That says dioxins and penta? 122] A: What do they mean? Penta what? [23] Q: That may be what I might ask you. I24j A: I don't know which penta they're referring |25i to. It doesn't say. Page 125 - Page 128 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066073 James L. and Barbara Furch vs. General Electric Co. Page 129 n Q: AH right. What I was asking was whether -- |2 well, let me withdraw that. Were any plants at 13 Monsanto making Aroclors at that time? 14 A: Any plants making Aroclor? 15 Q: Yes. |6 A: In 1972? 17 Q: Yes. 18! A: Yes. 19 Q: What plants? 1101 A: They were being made at Anniston, certainly, 111 and at Krummrich. 112 Q: So do you know what plant is being referred 1131 to here where it says, quote, The plant has no methods |14 for this analysis, period, closed quote? 115 A: I would think Krummrich plant. I don't think 116| Savage was at Anniston. 117 Q: Did you know in 1972 that Monsanto was 118 monitoring every fifth batch for dioxins? 119] A: No. 120] MR. SABETTA: Objection to the form. [21 Q: Did you ever find that out? |22 A: No. |231 MR. SABETTA: Objection to the form. |24' Q: The handwritten note at the bottom says, "To |2S Bob Keller. Would you ask Jim Mieure please write your Deposition of Paul Benignus 8/23/00 Page 131 indefinitely was originally the director of research. I2| Q: During the time that you worked for Monsanto, PI did you meet with personnel from General Electric with Hi respect to Aroclors? pi A: Indeed. I6| Q: When did you first start meeting with them? Pi A: I first started meeting Dr. Jenkins. Now, Pi we're going back in the time frame we started with, I I9| would say early to mid 1950, when the Aroclor business lio| was moved out of the inorganic division and into the HU organic division. I went along with it. mi MR. SABETTA: You've answered the question, fi3i He asked you when. Ii4i A: I'm trying to. lisiMR. SABETTA: You've answered the question, Ii6| Paul. Ii7] A: Huh? (is) MR. SABETTA: You have answered the question. 119) A: Oh, did I answer the question? 120] MR. SABETTA: He asked you when. You 121] answered. [221 Q: Yes, that's fine. [23) A: Mid 1950s. |24| Q: Do you want to take a break? [251 A: No. Do I look bad? Page 130 recommendation to me and to Jim Savage. Thanks, WR." |2 Does it appear that I read that correctly? 13 A: I think so. |4 Q: Do you know who Jim Mieure is? |5 A: I heard of him. 16: Q: Spelling appears to be M-I-E-U-R-E? |7 A: M-I-E-U-R, Jim Mieure, yes, I've heard of 18 him. [9] Q: All right. What did you hear about him no; where? m A: I'm looking at DB G building. I'm trying to 112 decipher that. 113 Q: I don't know what you are referring to. The |14 note under the one I just read you says Xeroxed to J. |I5 Mieure, and then the date, DB; is that correct? 116 A: Yeah. 1171 Q: Are you saying you don't know who DB is? 118! A: No. I think this is location, the D 1191 building. Up here we had somebody in -- I was in B 120] building. D building. I think there was a D [21 building. I think that's where he was. 122 Q: Okay. 123' A: And the Mieure I knew of, yes. [24 Q: Do you know what Mr. Mieure did? 125 A: No. He was in research, I think. Keller Page 132 m Q: No, you look great. Could you turn to Tab 52 12] for me, please? pi (Plaintiff's Exhibit No. 509 marked for j4) identification) is] Q: I'm showing you Exhibit 509 for [6] identification, Mr. Benignus. It purports to be a |7| letter from E. L. Raab, R double A-B, with the I8| department chemical and processes section, dated 191 January 8th, 1970; is that correct? That's what you lio| have before you? im A: Yes. Ii2i Q: In the first sentence, it says, quote, This 113] will confirm much of our recent conversations concerned Ii4| with our projected visit to Monsanto. I will be (is) accompanied by Dr. K. R. Murphy, paren, Engineer1161 Environmental, Pollution Control - General Electric, ini closed paren, and Dr. H. W. Gerarde, G-E-R-A-R-D-E, li8| paren, Toxicologist, dash, Fairleigh Dickinson 119) University - retained by General Electric as 1201 consultant, closed paren. As arranged, we will arrive |2i) late in the afternoon or early evening on Tuesday, 1221 January 20, and will check in at the Hilton Inn, 123) period. We will be available for discussions with your (24)company personnel all day Wednesday, paren, January I25i21st, closed paren, and most of the day on Thursday, Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 129 - Page 131 WATER PCB-SD0000066074 8/23/00 Page 133 liiparen, January 22nd, closed quote. Do you see that? 121 A: Yes. pi Q: Do you recall the prior conversation with Dr. ,14) Raab about that visit? pi A: With Ed Raab, yes. I6| Q: What was discussed? pi A: The arranging of this meeting where they were pi coming to St. Louis. |9| Q: Was the purpose of the meeting discussed? not A: He says here. mi Q: Let me ask you a different question. E. L. Ii2| Raab -- idi A: Raab, excuse me. 114| Q: E. L. Raab, is he not a Ph.D.? iui A: No. Ii6i Q: He's a mister? 117| A: Yes. i isi Q: Have you had a chance to look through, that 119| letter? 120) A: I got the purpose, where it says the |2iipurpose. Okay. I've read it. 1221 Q: Do you have any recollection of that I23i discussion with Mr. Raab? I24| A: Yeah. [251 Q: Has he properly captured that discussion in General Electric Co. m Q: And what did he say? Page 133 [2] A: Well, he got the message and he came to St. [3] Louis. Hi Q: Do you recall if he said anything to you in pi response to telling him what you told him? 16] A: No. 17] Q: Under Item No. 3, it says, quote, The I8| possible effects on costs to General Electric should [9| Monsanto curtail its marketing of Aroclors for certain lio) non-electrical applications, period, closed quote. Do im you see that? [12] A: Yes. Ii3] Q: Do you recall any discussions along those [i4| lines on the phone with him before you got this letter? (is) A: No, not before. There was no need to. [!6i Q: Under Item 5, it says, quote, The feasibility [i7j of Monsanto extending its buy-back of scrap. This area Ii8) should include a discussion of such items as Ii9)contaminated Pyranols Pyranol soaked fuller's, earth, [20) sawdust, etc., closed quote. Do you see that? [2i] A: Yes. [22] Q: Was there a buy-back program of Monsanto's 123) for scrap at that time? [24j A: 1970,1 think so, of a liquid. 125] Q: What was the nature of that program; can you ` Page 134 IU this Exhibit 509? pi A: Yes. pi Q: Was there anything else discussed other than pi what's set forth here? pi A: No. I6| Q: Item one says, quote, What is Monsanto's |7| present corporate stance and what managerial and I8| marketing actions can we expect which may affect I9| General Electric's usage of Aroclors, question mark, lioi closed quote. Do you see that? 11 n A: Yes. 112| Q: Did you discuss that with Mr. Raab on the li3| telephone? 114) A: Yes. I i51 Q: What was discussed? 116| A: You better get to St. Louis and talk to the l i7i executive committee. H8| Q: Why did you tell them that? 119| A: We got out of the nonelectrical supply PCBs !20| in 1970s. Monsanto's position was to get out, period. I2il Q: Monsanto's position at that time was to get 1221 out of PCBs entirely, correct? 1231 A: Yes. Yes. I24| Q: Did you tell Mr. Raab that? 1251 A: Yes. Yes. Page 136 HI describe it for me? pi A: Well, I think we already touched on that. Pi For three cents, was it, a pound, we take back scrap, [4)contaminated scrap, askarel. I think that was in [5] effect by now. [6) Q: Do you know what he's referring to when he ]7] says extending it? [8) A: I guess extend it. [9] Q: Item 6, quote, Is there any knowledge of lio] impending restrictive legislation, question mark. [inclosed quote. Was there impending restrictive [12] legislation at that time? 113] A: I don't know of any. Is there any knowledge [14] of impending restrictive legislation? I don't know how 1 is)to interpret that. I don't know what it means. ! 16] Q: Do you know what he's referring to in Item 7, [17] quote, The conflict which may ensue between the classic [i8i old requirement of a one-to-one ratio of chlorine to [19] hydrogen, the explosive gas question, current industry [20] definitions for askarels and the usage of either tri or (2i|tetrachlorobiphenyls as a component in transformer [22[askarels, closed quote. Do you know what he's [23] referring to there? (24| A: I understand that. I understand this. I25) Q: Can you tell me what you understand? Page 133 - Page 136 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066075 James L. and Barbara Furch vs. General Electric Co. Page 137 in A: On the biphenyl nucleus, we drew a picture, pi There are ten places to substitute the chlorine atom, pi as you said, ten. Now, the premise is, in general hi terms, when Frank Clark started out initially in circa I5| 1931, if there are six in this case, let's say five 161 one-to-one chlorine and five hydrogen, that definitely I7| makes a nice marriage in the case of arc-formed gas. is)I'm talking about that you could generate I9| hydrogen chloride which is noncombustible. That's what lto| that refers to, to have one carbon for each hydrogen, lit;That's what he means here by classic old one-to-one l i2j ratio. 113) Q: Did you mean to say one chlorine for each 1141 hydrogen? lis; A: Yes. Okay. Now, when that pertains 116) definitely in accordance with the fire underwriters li7i allowing use of the word we generic named askarel, that ;i8| qualifies as an askarel meaning approved fire li9i resistance specified by the underwriters' po; laboratories. That's what that means in terms of the I2il arc-formed gas. This was documented and specified ASTM j22iand was a requirement to be called an askarel. |23| Q: Was Monsanto telling GE that it was not going 124} to supply askarel with a one-to-one chlorine hydrogen 125} match at that point? Deposition of Paul Benignus 8/23/00 Page 139 in Westinghouse purchased from Monsanto was made of 121 Aroclor 1242? Pi A: Correct. Hi Q: How long had Westinghouse used Aroclor 1242 (5) for its transformers? 16) A: I don't know the exact time, but it was |7| towards the end of the business. In the latter stages islof the business, yes, in South Boston. I9| Q: And do you know whether there were {iot discussions with Westinghouse that part of this ini determination to use Aroclor 1242 was to avoid Ii2|environmental contamination? Ii3| MR. SABETTA: Objection to form. 114) A: No. [i5i Q: Do yourecall anydiscussions with 116) Westinghouse personnel along those lines? ini A: No. 118] Q: The last partof that No. 7 says, quote, the (i9i usage of either tri or tetrachlorobiphenyls as a po) component in transformer askarels, closed quote. Do I2ii you see that? 122] A: Yes. 123) Q: Do you know what he's referring to there? 1241 A: Yes. (251 Q: Can you tell me, please? Page 138 PI A: No. |2|MR. SABETTA: Objection to the form, pi Q: Wasn't Monsanto saying that GE should use m Aroclor 1242 as opposed to Aroclor 1244 or Aroclor 1260 I5| at that point? |6iMR. SABETTA: Objection. Pi A: To my knowledge, we never told anybody. We 18| didn't -- the transformer fluids weren't our say-so. 19| That was the property of the product, the property of lioi the user in the case of GE, in the case of ini Westinghouse, Allis Chalmers, ChlorExal. Ii2t Q: Were you aware at that time that the ini scientists that were testing the environment were Ii4] finding the higher chlorinated Aroclors as opposed to I is] the lower chlorinated Aroclors? IJ6] A: I would say yes. 117] Q: And the Aroclors they were finding were 118} Aroclor 1254? [19] A: Versus lower chlorinated, I would assume so, 120| yes. [2ii Q: And you have no recollection that Monsanto I22| was attempting to get General Electric to agree to take 123i Aroclor 1242. |24| A: I have no recollection of any. I25| Q: Do you have a recollection that Inerteen that Page 140 HI A: Reference to trichlorobiphenyl I2)B-I-P-H-E-N-Y-L, trichlorobiphenyl, that would be P) Monsanto's Aroclor, A-R-O-C-L-O-R, 1242 meaning 42 Hi percent chlorination by weight. Now. IsiTetrachlorobiphenyl, B-I-P-H-E-N-Y-L, means for l6i chlorine atoms substituted into the biphenyl nucleus 17) which indicates 48 percent chlorine by weight in the I8| compound and is known as an Aroclor 1248. 19) Q: Do you know whether you suggested I ioi substitution of those two compounds for Aroclor 1254 or im Aroclor 1260 to GE? 112) A: No knowledge of that. 113] Q: Do you know why he's referencing that in this 114| correspondence? ; isi A: No. Ii6| Q: Was Monsanto attempting to market 1242 and 117| 1248 at that time in place of 1254? list A: Not to my knowledge. Ii9| Q: If you look at the last paragraph of that |20| letter, last sentence says, quote, We, of course, will pi) outline for your people the importance of existing 122) Aroclors to us, our various businesses, our customers, 123) etc. and the chaotic condition which could arise should 124) Monsanto institute any precipitous action affecting I25i existing formulations. Do you see that? Gore Perry Gateway & Lipa St. Louis, MO vn|< (314) 241-6750 621-4790 621-2571 621-8883 Page 137 - Page 14' WATER PCB-SD0000066076 8/23/00 ui A 4AIAI AJ%-lXltAtxa Page 141 Ml A: Yes. |2| Q: Do you know what he's referring to in that? |3| A: Yes. Hi Q: What? 151 A: It was a very precipitous action when |6| Monsanto in 1970 precipitously said no more m nonelectrical use Aroclor will be supplied to anybody. I8i What he is referring to, don't do that to us. There is I9| no replacement in the nonelectrical I could think of. lioi Replacement for almost all uses, but in the electrical, 1111 there was no other fire resistant replacement. 1 ui Q: That was what Mr. Raab was telling you? 1131 A: I'm telling you. 1141 Q: What was used to replace Aroclors when 1 isi Monsanto stopped manufacturing it? Ii6| A: Monsanto completely stopped manufacturing (i7| when the GE capacitor convention announced in 1977, . Ii8| somewhere in 1977, that they will market capacitors ! i9] impregnated with dioctyiphlate, I20| D-I-O-C-T-Y-L-P-H-L-A-T-E. pit Q: Was that a Monsanto product? 1221 A: No. |23| Q: Who manufactured it? |24| A: Commonly used plasticizer, I25|P-L-A-S-T-I-C-I-Z-E-R, for polyvinyl chloride, poly v*a*^ m * jl r ,,, General Electric Co. Page 143 HI Q: Do you know what Exhibit 510 is? [2i A: Yes. pi Q: What is it? HI A: It's a presentation that summarizes the St. I5| Louis meeting with General Electric that we spoke of I6| earlier as being arranged. |7| Q: Were you present at that meeting? [8| A: I don't know. I don't know. I9| Q: It shows under Monsanto representative your 1 ioi name, among others? nil A: Yeah. fi2| Q: You saw that? in] A: I saw that. [i4| Q: Do you have a recollection as to whether you [15] were there or not there? [16] A: That's what, January 1970? I guess I was in [17] this country in January 1970 and probably was there. [18] yes. I was out of the country a great deal. [19] (Plaintiffs Exhibit No. 511 marked for [20] identification) pi] Q: Perhaps to clarify that question, I am [22] showing you Exhibit 511 which has a heading "The PCB[23] Pollution Problem Summary of January 21 and 22, 1970, [24]St. Louis Meeting with General Electric Company." Is [25] that correct, that's the title? Page 142 IM P-O-L-Y, vinyl, V-I-N-Y-L, chloride, C-H-L-O-R-I-D-E. I2| Widely used plastic. Pi Q: Do you recall who manufactured it at that |4| time? I5| A: At that moment, no. It was common. I6| Q: That's fine if you don't. Do you know what pi General Electric used in transformers to replace the isi askarel that they previously purchased from Monsanto? isiMR. SABETTA: Objection to form. lioi Q: I'll ask you another question. After mi Monsanto stopped manufacturing Aroclors, did General mi Electric continue in the transformer business? Ii3i A: I don't think in the askarel transformers. Ii4| Q: Do you know what they used to replace the li5| askarel components? H6| MR. SABETTA: Objection to form. 117| A: Not specifically, no. Ii8| Q: They used silicone, didn't they? 119| A: Well, that was available before, yeah, okay. I20| That would be one thing that could be used, but there I2i| were other things. 1221 Q: Would you take a look at Tab 54 for me, |23| please? |24| (Plaintiff's Exhibit No. 510 marked for [251 identification) - Page 144 [i] A: That's what it says, yeah. P] Q: Are those your notes of that meeting? If you [3] look at the second page, it shows your name typed. [4] A: Yes. I wrote this and it's a summary, simple [5j dictation of all of this. [6] Q: That's a similar summary as to Exhibit 510; 17] is that correct? [8] A: Yes, definitely. [9] Q: If I may look over your shoulder since I have 1 io] only one document, under Item 1, it says, quote, [inMonsanto has highly sophisticated capability, not [12] surpassed by others to detect PCBs in the parts per [13] billion range, closed quote. Do you see that? [14] A: Yes. 115] Q: Was that something you had personal knowledge [16] of or did you get that at the meeting? ini A: Oh, I think I knew that by the time, 1970 in [18] January. I believe so. [19] Q: Item 2 says, "Aroclor 1254 and 1260 are being (20) found, especially in aquatic environment. Aroclor 1242 (2i) and lower chlorinated PCBs are not being observed." Do [22] you see that? (23] A: Yes. |24] Q: Was that discussed at the meeting? [25] A: I would think so. Page 141 - Page 144 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066077 James L. and Barbara Furch vs. General Electric Co. Page 145 Ml Q: Under Item 5, it says, quote, PCBs have been 121 brought into hearings proposing restrictions or I3| elimination of DDT and other chlorinated hydrocarbon Hi insecticides. PCBs are incriminated by association |5] subject to rechecking, closed quote. Do you see that? I6| A.: Yes. I?) Q: Was that something you had independent I8| knowledge of or was that something discussed in your 19) presence? Iioi A: I gathered that from-- ini Q: From what others said? 112] A: Yeah. This is merely a summary of this, mi Q: Are you saying that Exhibit 511 was prepared |mj from Exhibit 510 or are these your notes from the li5| meeting as it proceeded? U6| A: It was prepared from what was going on there, li7| yes. Ii8| Q: So you prepared notes after the meeting as to Ii9| what you perceived was there? poi A: Yes. mi Q: And that's what Exhibit 511 is? I22| A: I would say so. {231 Q: Item No. 6, Due to combustibility of arc(24j formed gas, GE will not use Aroclor 1242 nor any blend |25| with less than near a one-to-one ratio of chlorine to Deposition of Paul Benignus 8/23/00 Page 147 in Q: Did any people from GE tell Monsanto that |2| Monsanto was going to be sued by GE if they withdrew 131 from the Aroclor production and supply? |4| A: I don't know if they told. isi Q: You were there at this meeting, were you I6i not? 171 A: Oh. They didn't tell me and I don't know I8| whether they said they were going to sue or not. I I9i don't know. lio| Q: Did the GE people later meet with the miexecutive committee? (i2] A: They had to, yeah. 1131 Q: What executive committee is that that you are 114] referring to? lis] A: Monsanto's executive committee. Iii Q: Who was comprised in the executive committee? ini A: I don't know. 118] Q: Were these the presidents and vice presidents 119] of the company? 120] A: Yeah, the top of the company. pi) Q: Do any board members make up that executive 122} committee? 123] A: Yeah. Yes. j24] Q: And how do you know that people from GE met j25j with the executive committee? Page 146 HI hydrogen, for transformers. This judgment is based on (2|GE legal people citations of precedent court actions I3| assigning liability against GE for transformer Hi accidents, closed quote. Do you see that? I5| A: Yes. I6| Q: Was that topic discussed at the meeting? |7| A: I don't know it at the moment. I don't I8| remember. I9| Q: Do you recall anything else discussed on that iioi topic other than what's written here? HU A: No. I assume it was discussed. I don't know H2| if it's in there or not. Ii3i Q' Were the people from Monsanto -- I'll ask you li4| about that document in a moment, i isi A: Oh. 116| Q: Were the people from Monsanto telling GE that H7| they were getting out of the Aroclor business and they lisi weren't going to sell anymore to GE at that meeting? 119| A: I'm sure they told them in 1970 that the 1201 nonelectrical was shut down, and that's where we're 131) headed. 122] Q: Did GE threaten the people from Monsanto? |23| MR. SABETTA: Objection to form. I24|MR. GRONDAHL: Objection to form. I25| A: Threaten? Page 148 HI A: I think they had to. 12] Q: Do you know what people from GE met with the Pi executive committee? 14] A: No. ]J1 Q: Why did they -- 16] A: I wasn't there. (7| Q: Why did they have to meet with the executive isi committee? |9| A: The executive committee is the one that would Iioi have to say yes, we'll continue or no, we'll not. mi Q: In terms of the position at this meeting by li2j the Monsanto people, was the position that Monsanto was 1131 going to discontinue supplying Aroclors to GE? Ii4| A: I don't know, but they sure told Raab. He lisi said, "Don't be precipitous, Paul, like you were like 116| you were in the nonelectrical. Don't do that in the 117] electrical. We don't have any replacement." I think [is] that's what that says. 119] Q: Item Roman numeral No. 8 says, quote. In 120] reply to Monsanto's legal question whether with I2i| continued use of Aroclor 1254 and 1260, GE would assume 122] sole and complete liability - their spokesman answered 123] no, capital N with an exclamation point. He cited 124] legal case examples to substantiate his response, I25| period, closed quote. Do you see that? Gore Perry Gateway & Lipa St. Louis, MO IM. (314) 241-6750 621-4790 621-2571 621-8883 Page 145 - Page 14` WATER PCB-SD0000066078 8/23/00* Page 149 11 A: I see it. 12 Q: Do you recall anything that was said in that 13 regard other than what's printed there? |4 A: No. Nothing else that I know of. 15 Q: Why did you write that note with a capital N |6| and an exclamation point? |7 A: I don't know. Well, it's important. No. |8 It's to emphasize the no. 19 Q: Under Roman numeral ten (sic), one X, quote, |I0| GE strongly seeks to continue manufacture of askarel |M type transformers because in many applications this |12 apparatus cannot be replaced with mineral oil types, f 13 nor with open or sealed dry types, period, closed |I4| quote. Do you see that? 115 A: Yes. |I6| Q: Other than the words "strongly seeks to 117 continue," do you recall anything that was said by GE US people at that meeting? 119] A: They wished to continue to use at this point |20] in time transformer askarel with an exclamation point. 121 Q: Weil, in the memo, you say strongly seeks. |22 In your answer, you say with an exclamation point. Do |23 you recall anything that was said and who said it by 124 GE? 125 A: Oh, no. I don't know that exact detail. U1 VO General Electric Co. H 26th, 1970; is that correct? Page 151 [2 A: Yeah. 13 Q: Do you know if you produced that? 14 A: I'm the only one that produced this, I don't |5 think so. 16] Q: Was there a stenographer there at this |7 meeting taking down what people were saying? |8] A: I don't remember. 19] Q: Was there any tape recorder being used? 110 A: Something was recorded with all of this [11 stuff. [121 Q: Do you know how that was done? [13] A: No, I don't recall. [14 Q: Do you know whether some person was [15 designated to take notes? [161 A: I don't know. I would have difficulty [17 getting all of this myself at the meeting. [18] Q: Appear to be ten people from Monsanto that [19] were present and three from GE? [20] A: Yeah. These three from GE and here were the [21 Monsanto people, yes. [22 Q: Do you know where that meeting took place? [23 A: In St. Louis. [24 Q: Was there a large conference room in one of [25 these buildings or a small conference room? Page 150 li Q: Under Item Roman numeral 11, At the present |2 time, land-tills continue as our sole disposal for arc 13 or 'poor quality' transformer askarels, closed quote. |4 Do you see that? |5 A: Yes. |6| Q: What do you mean by "arced or poor quality |7| transformer askarels?" [8 A: Arced askarel. Askarel is subject to |9| decomposition by power arcing. HOI Q: What is it decomposed to upon power arcing? [II A: Predominantly hydrogen chloride gas and some 112 carbon. 113 Q: Does it also decompose to furans and dioxins? 114 A: Not to my knowledge. 115 Q: If you look at Exhibit 510 now for me, |I6 please. If you just look at 510 now which you have (I7i there in front of you, do you know who produced that |I8' document, who the reporter or secretary of the order 119 was? |20| MR. SABETTA: Objection to the form. Q: Withdrawn. Do you know who produced this document? A: At the final end of it, it's got my name on it. Q: It's got your name with a date of January Page 152 HI A: Must have been a good size room for this. [2j Q: Do you have any recollection of the room? [3j A: No. 1970, thirty years ago, no. H) Q: All right. If you look at the first page of [5] Exhibit 510, the last sentence on the page under the ^heading "The Analytical Procedures" says, quote, [71 General Electric were impressed and completely [8i satisfied with the scope of our analytical capability [9[ and work, closed quote. Do you see that? [id A: Yes. in] Q: Do you have any recollections of discussions {t2) along those lines other than what the document says? Ii3[ A: Not above what this says. In a general way. [i4j Q: If you turn to the next page, page 2 of the [15] document, the last paragraph, under the heading "The [i6i Location of Askarel Transformers. Table 3." it says, (17) quote, On discussing these askarel transformer [18] applications Mr. Raab was most impelling and forceful Ii9] about the non Hyphen replaceability of transformer [20[ askarel fluid and the critical or essential use and |2iineed for askarel transformers, which have safety from 122) fire as their outstanding virtue. Without dwelling on 123) details and instead carried to the ultimate, the |24| consensus is that without availability of askarel I25| transformers large cities like New York would be shut Page 149 - Page 152 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066079 James L. and Barbara Furch vs. General Electric Co. Page 153 m down with no power. Certain industries that rely I2| mainly on askarel transformers would go down with no pi power. Without Aroclor capacitors most of the lights !41 across our country would go out and motors in air isi conditioners and many industrial applications would not I6| run, period, closed quote. Do you see that? |7| A: Yes. I8| Q: Who is saying those kind of things? I9| A: Raab. Iio] Q: How is the air conditioning working in here? HU A: I put my coat on. He meant it too. mi Q: Do you know what that means, he was most H3| impelling and forceful? lui A: Yes. us) Q: Can you recall any words that he said? H6i A: Oh, he certainly wanted understood the (i7| thought in this paragraph definitely. They had no fire li8| resistant replacement. Ii9| Q: Did he use any obscenity? I20| A: Oh, no. I2ii Q: If you look at page 3, second paragraph, page 12213, the second paragraph, second sentence says, quote, 123| At GE alone apparatus in which askarel fluid is used I24j represents 100 million dollars annually. About 60 I25i percent is in the capacitor area and 40 percent Deposition of Paul Benignus 8/23/00 Page 155 m was 100 million? m MR. GRONDAHL: Object to the form. I3|MR. SABETTA: Object to the form. Hi Q: You can answer. I5| A: Yeah. |6| Q: At the bottom of that page under a heading pi called "Considerations of Degradation Disposals," Item |8|5 on the next page under that same heading says, quote, I9| Incineration will require 800 degrees C, capital C, and lioi five second sojourn time. HCL scrubbing will be mi required, period, closed quote. Do you see that? U2) A: Uh huh. H3) Q: Do you know whether there were discussions of lui dioxins and furans in that meeting with General lis] Electric? (i6| A: No. (17) Q: Do you know one way or the other? ii8) A: From my knowledge, no. M9i Q: Do you recall whether Monsanto ever provided [20| General Electric with anything in writing telling it miupon incineration, furans and dioxins could be produced 122| unless the temperature was sufficiently high? (23) A: I don't know. I24i Q: Now, we've seen from some of the exhibits 1251 that you received such as that letter from Mr. Page 154 It represents transformers, period, closed quote. Do you 12 recall that being said? 13 A: I would think so, yes. 14 Q: Well, do you recall anything about the 15! discussion in that regard other than what's in the |6| note? |7 A: Oh, other than what's in the note, no. That 18' summarizes it. 191 Q: And how much was Monsanto going to lose by |10 going out of the askarel at that point? 111 A: The fill oil business. 112 Q: Yeah. 113 A: I don't know. 114 Q: The next sentence says, quote, GE requested 115 and we were pleased to give Dr, Murphy, their 1161 Environmental Control man, a list all GE and other 117 locations receiving of Pyranol shipments in 1969. This 1181 amounts to about 16 million pounds of askarel fluids 119] with economic worth of near 2.5 million dollars. This 120! listing included 244 different locations of which 115 121 were GE plants and service shops scattered throughout 122 our country, period, closed quote. Do you see that? 123' A: Yes. 124 Q: So apparently, Monsanto's business loss and 125 going out of the business was $2.5 million and GE as Page 156 m Papageorge talking about dioxins and furans that you 121 had that information at the time of this meeting with 13) General Electric; is that correct? I4i MR. SABETTA: Objection to the form, isi A: I think so. |6| Q: Is there any reason why there's no note with |7| respect to furans and dioxins in this particular isi document? 19] MR. SABETTA: Objection to form, lioi A: I don't know, mi Q: If you look on page 6 under the heading "J," [i2i it talks about transformer askarel blends discussed 113| with GE, Table 4. By the way, were there tables at [i4| this meeting? I isi A: Were there tables at the meeting? I would li6] think so. li7i Q: Not to sit at. Just quickly, page 2 talks H8| about a,Table 2 and a Table 3. This page talks about 119| Table 4. I20i A: Yes, there were tables. 12i| Q: Do you know where the tables are that are 1221 discussed in this particular exhibit? 1231 A: I don't find them. I haven't found them. I 124|don't find those tables. 125i Q: Let me represent to you I haven't found them Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 153 - Page 15 WATER PCB-SD0000066080 8/23/00 Page 157 HI either. Did you use tables as part of this exhibit at 121 one point? pi A: I would have to say yes. Hi Q: Do you know where this document was kept 151 including the tables? 16] A: I would say in the business group at St. I7| Louis. I8| Q: Do you know if these tables are oversized I9| sorts of sheets of paper to make presentations with or lioi are they 8 1/2-by-ll like regular documents of this misort? 1121 A: Well, if they would have been included here, loi they would have been this size. But when the man is 1141 talking, so people can see, they would have been either H5i larger size than this or everybody would have gotten a i tel copy of it so they can see what he's talking about. 117| Q: Do you know which it was at this meeting-- I i8i A: No. . 119| Q: --whether they were small or large? 1201 A: No. ui| Q: Number 1 under that heading "Transformer 1221 Askarel Blends Discussed With GE," it says, quote, GE 1231 Rome has discontinued use of Blend A due to I24| combustibility of arc formed gas. For the same reason, I25| as dictated by their legal people they will not use General Electric Co. Page 159 H chlorobenzene, depending on trichlorobenzene or |2] tetrachlorobenzene. 13 Q: Do you know whether tetrachlorobenzene was |4 restricted in use by the government at some point in is: time? 16 A: In askarel and Pyranol askarel. It wasn't PI tetrachlor. It was tri-tetrachlor blend from Hooker. |8| Q: As I understand it, you can't make tri[9] tetrachlorobenzene without both trichlorobenzene and [10| tetrachlorobenzene; is that correct? [11 A: Tri-tetrachlorobenzene came from Hooker [12 Q: Yes. [13 A: -- as a concomitant by-product from an (14 insecticide manufacturer. (IS Q: Do you know at some point that Pyranol no [16 longer contained tri-tetrachlorobenzene? [17 MR. SABETTA: Objection to form. [18] A: It may have. [19] Q: My question was whether you ever became aware [20| that tetrachlorobenzene could no longer be [21 manufactured. [22] A: Well, it wasn't manufactured. I just got [23] through saying it came along as a concomitant product. |24] Q: Wasn't it manufactured by Hooker Chemical? (25! A: Not manufactured. Excuse me. They got it as Page 158 Blend B, period, closed quote. Do you see that? A: Yes. Q: Do you know whether Blend A was Aroclor 1242? A: I don't think so. Q: Do you know what it was? A: No. Q: Do you know - A: I don't know this A and B, where that came 19 from. 1101 Q: Item 2 says, quote, Today both GE, 111 Pittsfield, Mass, and Rome, Georgia use Blend C, paren, 112 Pyranol A13 capital B3 capital B they mix themselves. 113 Do you see that? 114 A: Right. H5 Q: Do you have a recollection of the different 116 blends of Pyranol having specification supplied by 117 General Electric? 118 A: Yes. 1191 Q: And did they use these letters ABB and then |20| additional letters? 121 A: Yes. |22 Q: Do you know what that blend is, A13B3B? 123 A: Well, I don't remember everything, but it was 124 one of the PCBs. I'd say 1254 or 1260 PCB blended by 125 GE depending on the point in time with the Page 160 in a concomitant. That came along with. They didn't set [2j out to make tri-tetrachlorobenzene. [3] Q: Are you familiar with the fact that [4] tetrachlorobenzene was used in the process of producing [5] trichlorophenol? [6] A: No. No. I wasn't in the trichlorophenol. [7] Q: Are you aware of the fact that when those [8] processes got out of kilter and temperatures got too (9i high, other products were produced that were associated [ioi with chloracne? [illMR. SABETTA: Objection to the form. [i2| A: No, I wasn't. [13] Q: Item 5 on page 7 says, quote, Although [i4j Westinghouse USA uses Blend F, paren, 100 percent [15] Aroclor 1242, closed paren, for all applications, [16] except for low-temperature application, GE does not [17] accept this use of 100 percent Aroclor 1242 in [is] transformers, period, closed quote. Do you see that? Ii9i A: Yes. ' [20] Q: Does that mean that Westinghouse at that time I2i| was using in its Inerteen 100 percent Aroclor 1242? 1221 A: Yes. And the designation Blend F means Type [23] F documented and specified by the American Society of l24)Testing and Materials, and it qualifies as an askarel. [25] Q: GE said it didn't, didn't it? Page 157 - Page 160 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066081 James L. and Barbara Furch vs. General Electric Co. Page 161 MR. GRONDAHL: I object to the form. |2 Q: Withdrawn. Didn't GE take the position that 13 it didn't qualify as an askarel? H A: To my knowledge, no, but it was on the near 15 end of what would qualify. I'm comparing it with 1254 |6| or 1260 as having for chlorine. |7 Q: And the individual who patented the use of |8 the dielectric fluid containing PCBs was Frank Clark? 19 A: Yes. 1101 Q: Was he a GE employee? HI A: He certainly was. 112 Q: Did he write the book on it? 1131 A: Yes. He invented it. |14 Q: He actually even wrote a book, didn't he? 1)5; A: I believe. Ii6; Q: Do you know if that 100 percent Aroclor 1242 in; contained any trichlorobenzene or tri1181 tetrachlorobenzene? |19] A: Better not. |30| Q: Do you know what the reason for removing the 121 tri-tetrachlorobenzene or the trichlorobenzene was from 1221 that mixture of 100 percent Aroclor 1242? (23 MR. SABETTA: Objection to form. (24 A: Well, you don't use it with the 1242. They 125 used 100 percent. It wasn't removed from Type F. Deposition of Paul Benignus 8/23/00 Page 163 HI and warnings and emphasized that in the case of 121 electrical applications which involve only hermetically PI sealed apparatus, adequate control should be possible, Hi period, closed quote. Do you see that? is) A: Yes. I6i Q: Do you recall anything else discussed on that Hi topic other than what you've set forth there? I8| A: No. (9i Q: If you look at page 9 of this exhibit under 1 ioiItem 4 under the heading "What GE Desires," it says, 1111 quote, In reply to Monsanto's legal question whether mi with continued use of Aroclor 1254 and 1260 GE would Ii3| assume sole and complete liability, dash dash, Mr. Raab lmi answered, no, again with a capital N and an exclamation 1 isipoint. To substantiate his reply, Mr. Raab cited case Ii6i examples involving GE where damages were sought and [i7j collected, even though GE was only the third party. He li8i further stated that any arrangement seeking to delegate l)9j and confine liability to GE relative to the PCB problem I20i would be worthless, period, closed quote. Do you [21] recall any other discussions other than what's set [22] forth there in that topic? 123) A: No, that's what they said. |24| Q: Did General Electric have any lawyers there 125]at the meeting? Page 162 HI Q: If you look at the next paragraph under five, 121 it says, quote, GE will not accept Aroclor 1242 or any pi other blend with less than a one-to-one ratio of Hi Hydrogen atoms, period. A ratio significantly lower isi than one-to-one tends to yield combustible arc-formed I6| gases. GE feels strongly that this does not conform pi with the original definition of an askarel. I8j Accordingly, their legal people stress that this |9| presents potential liability in case of an accident for lioi which various precedents have already been set in court imactions. Do you see that? 1121 A: Yes. 113] Q: Do you recall any discussions along those 114| lines other than what's set out there in the document? H5| A: GE presented their thought on this, period. 116| They didn't discuss it with me. Or I assure you 1242 Ii?l is documented as an askarel in accordance with the fire H8|underwriters' requirements, laboratories requirements, 119| at ASTM. 1201 Q: In the last paragraph, it says, quote, Mr. 1211 Raab points out that this precedent for liability 122| regards combustibility is already set, in contrast with 123( the PCB pollution situation which thus far is void of 1241 legal actions. He reiterated that the pollution PS) problem thus far is a source of technical publications Page 164 HI A: Not to my knowledge. |2| Q: Did Monsanto? 13] A: No. Hi Q: Okay. That's all I have on that document. |5| (Recess) |6| (Plaintiff's Exhibit No. 512 marked for Pi identification) I8i Q: I have placed a document in front of you [9i which we've labeled Exhibit 512, Mr. Benignus. It I ioi purports to be a correspondence or memo from yourself mi to Dr. Emmett Kelly dated May 6th, 1969. Do you have 112] that in front of you? U3| A: Yes. 1 i4i Q: Is that a document that you prepared? li5| A: This, I prepared it and signed it. 1161 Q: In the second paragraph, it says, quote, As li7jyou well know, General Electric are the largest user of lisi Aroclor. dielectrics, period, closed quote. Do you see li9| that? |20| A: Yes. [211 Q: Was that correct? 123| A: GE is the largest user, yes. I23| Q: And you are enclosing correspondence that was |24| written to yourself dated May 2nd, 1969 from this I25| Denver Research Institute? Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 161 - Page 164 WATER PCB-SD0000066082 ju'v.i/woiuv/u ui x uui i^viaguuj 8/23/00 Page 165 m A: Yes. Uh huh, yes. 121 Q: And these people in that institute were I3| acquaintances of Mr. Raab's at General Electric? Hi A: Evidently. I5| Q: All right. Are all these documents that I've I6| shown you that were prepared by you or copied to you |7| records that were made and kept in the ordinary course isi of Monsanto's business? |9| A: They were kept. lioiMR. SABETTA: Object to the form. Go ahead miand answer. Ii2i A: They were kept by Monsanto. 113i Q: And were they made by Monsanto in the course iui of their business? 1151 A: All of these were by Monsanto. 116) Q: And was it their business to make and keep 117) such documents? Ii8i A: Yes. H9| Q: Can we go back to Tab 6, please? |20| (Plaintiffs Exhibit No. 513 marked for I2i| identification) 1221 Q: I'm showing you Exhibit 513 for 1231 identification which purports to be a letter from Dr. 124) Kelly to a Dr. Louis, L-O-U-I-S, Spoylar, psiS-P-O-Y-L-A-R, director of Indiana State Board of James ju. auu uaiuaia ruiui ya. General Electric Co. Page 167 HI confusion existed in his findings that Aroclor 1254, (2) which is the diphenyl chlorinated to only 54 percent, Pi was considerably more toxic on inhalation, period, H) closed quote. Do you see that? isi A: Yes. (6| Q: Do you know what the purpose of Dr. Kelly |7] sending you a copy of this communication was? IS] A: I called his attention to this incident that 19i happened in Indiana, in Brazil, Indiana. That was a Hoi heater. And I called his attention to this, and he HU followed it up with the medical man here. Evidently, [i2i it was referred to the division of industrial hygiene, [i3i Indiana State. Ii4j Q: From the 1950s forward, did Dr. Kelly send 115) you copies of communications that he made with outside [i6| agencies and customers as to inquiries and health? ini MR. SABETTA: Objection to form. [is] A: No. But here, specifically, I recall the [is) incident and reported it to Kelly, and he pursued it [20) from a medical standpoint. pi) Q: I am showing you Exhibit 382 which we marked [22] earlier which purports to be an inquiry from Dr. [23] Spoylar to the toxicology department of Monsanto dated [24] February 6 of 1950, did you ever see that document [25] before? Page 166 HI Health with a copy to yourself, Mr. Benignus. The |2| letter is dated February 14th, 1950. Do you have that PI in front of you? 14i A: Yes. I5| Q: Do you recall whether Dr. Kelly sent you this I6| correspondence or a copy of it? 17i A: Yes. I8| Q: Did he? |9| A: It says so, Iioi Q: In the middle of the page at the end of the jiilsecond paragraph, it says, quote, I suspected the H21 possibility that the Aroclor fumes might have caused H3| liver damage, but was unable to obtain this information 1141 over the phone. I was also unable to contact the I isi employee's physician, closed quote. Do you see that? |i6| A: Yes. 117] Q: It then goes on to say, quote, The toxicology H8| of Aroclors is somewhat confused. The experimental li9| work was done by Dr. Drinker at Harvard about 12 years 120| ago, and was done in connection with chlorinated [2ii naphthylene chlorinated diphenyl and chlorinated 1221 diphenyl high boiler. Both of these last two are 123| Aroclors. In the particular work at Harvard, Dr. I24| Drinker found that Aroclor 1268, which means diphenyl |25| chlorinated to 68 percent, was of low toxicity. The Page 168 HI A: I've never seen this before. Pi Q: Isn't Exhibit 513 a reply to that particular [3] document -- [4] A: It could be. [5j Q: -- which is 382? [6] A: Now, I think it is. Pi Q: Was there a toxicology department at Monsanto isi at that time? [9] A: Oh, sure, 1950. [ioi Q: Was that under the head of Dr. Kelly? [ill A: Yes. [12] Q: Does that refresh your recollection of how it (i3i happened to be that you got a copy of Exhibit 513 from [14] Dr. Kelly? [15] A: Yes. [16] Q: Did Dr. Kelly contact you and ask you about imthis inquiry from Dr. Spoylar? [18] A: No. [19] Q: Did he contact you about any incidents of [20| complaints of workmen who have been exposed to vapors [2i| of Aroclors about this time period? I22| A: Only this incident. These two don't seem to 123) be the same thing. I don't know. I know of an (24| incident in Brazil, Indiana. [25] Q: Would you turn to Tab 11 for me, please. Page 165 - Page 168 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066083 James L. and Barbara Furch vs. General Electric Co. Page 169 III (Plaintiff's Exhibit No. 514 marked for |2| identification) pi Q: I'm showing you Exhibit 514 for Hi identification which purports to be a letter from Elmer is] P. Wheeler to Dr. H. R. Newman, Newport, with a copy to I6| yourself among other people and ask if you've seen that pi document before? |8| A: I would say I have. 19| Q: And the first paragraph, it says, quote, In i io] reading over the letter which you brought to the states im regarding MCL products, and Dr. Kelly's reply, I note ji2j that we did not clear up completely the question of a lmi maximum allowable concentration for Aroclors. Joe li4|Treon, T-R-E-O-N, of Kettering Labs called me today to 1151 clear several statements he was going to include in a [i6| paper on his Aroclor inhalation studies. The paper in] will probably be presented at the April, 1956 Ii8] Industrial Health Conference in Philadelphia and will li9ibe published subsequently, period, closed quote. Do no] you see that? 1211 A: Yes. 122| Q: Do you know why you're being copied on this 123| letter? I24| A: As a matter of information. j25) Q: What was your particular duty or duties at Deposition of Paul Benignus 8/23/00 Page 171 HI A: He was merely informing me. m Q: Did you have a background with respect to pi concentrations of Aroclors in vapors or the effect on Hi human beings of that? I5|MR. SABETTA: Objection. {6i A: I had, sure, some, yes. ni Q: What background did you have with respect to |8| the effect of Aroclor vapors on human beings? |9| A: Aroclor vapors, if too much was inhaled, lioi would accumulate in the fatty organs, the liver and the ini kidney and injure them. |i2| Q: Where did you get that background from? 113| A: From the medical literature, ini Q: Is this medical literature brought to your lisi attention or did you review it independently of it (16) being brought to your attention? {i7i A: It came to my attention. (isi Q: Who made it come to your attention? (i9|MR. SABETTA: Objection to the form. (2oi A: Well, 1955, I knew this before 1955. I knew 12i) this back in the 1940s. So I'd say it came to my |22i attention from when I was in the organic division [23] reporting to Lynn Watt. [24i Q: Did that come from Dr. Kelly or Mr. Wheeler? [25] A: Yes. Page 170 HI that time, October 1955? 12] A: 1955 is the point in time approximately when Pl I started to work exclusively with the dielectric Hi applications, but not in October '55. Well, I can't I5| make the assumptions from this. I know these people I6ihere. I see Hardy, he was at Anniston. Newman, he was pi at Newport. MCL is Monsanto Chemical, Limited. That's isi what that MCL is. That's a corporation owned by 19] Monsanto. lioi Q: MCL is a corporation owned by Monsanto that fill manufactures Aroclors in England at that time; is that Ii2| correct? H3| A: Correct. 1 i4i Q: Does thisdocument refresh your recollection 1 isi as to Joe Treon doing studies for Monsanto with respect l i6i to inhalation of Aroclors? l i7i A: Yes. lisi Q: What are you supposed to do with this Ii9| information? pot MR. SABETTA: Objection to the form, pi) Q: Withdrawn. Did you know what you were |22i supposed to do with this information I23|MR. SABETTA: Same objection. I24| Q: -- that you received from Mr. Wheeler in this [2s| letter? Page 172 dl Q: Would you turn to Tab 16 for me, please? I2| (Plaintiff's Exhibit No. 515 marked for (3| identification) Hi Q: I'm showing you Exhibit 515 for isi identification which purports to be a memo or a letter 16|from Dr. Kelly to a Mr. J. E. Crouch, C-R-O-U-C-H, from |7| Anniston, Alabama dated February 25th, 1957 with a copy I8| purporting to be sent to yourself on toxicity of I9|Montars, M-O-N-T-A-R-S. Do you have that in front ' i Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 169 - Page 17. WATER PCB-SD0000066084 8/23/00 Page 173 Ml background information? 121 A: Yes, pi Q: From what I understand from your prior 141 answers -- I5i A: Yes, I6| Q: -- wasthatfor purposesof being able to l?i communicate with customers? esi A: There were no customers for Montars that I I9| know of, but yes. 1 lot Q: Was it provided to you for purposes of 11M communicating to customers of Aroclors? 1121 MR. SABETTA: Objection to the form. 1131 A: Yes. Itcame up, yes.It's Newcombe, 114| Benignus. Confirms what I have been saying. I was in I isi the organic division in 1957. Ii6i Q: Would you turn to Tab 60 for me, please? 117! (Plaintiff's Exhibit No. 516 marked for iisi identification) . I i9i Q: You have before you Exhibit 516 which |20| purports to be a report on meeting with Bayer, I2i| B-A-Y-E-R, Caffaro, C-A-F-F-A-R-O, and Prodelec, P2| P-R-O-D-E-L-E-C, in Brussels, May 14th, 1970. Is that I23| what you have in front of you? |24| A: Yes. (251 Q: Did you attend that meeting? General Electric Co. Page 175 1M Q: Do you know who made this visit? I didn't [21 note any name of an author of this document. This Pi isn't a test. I'd refer you to where it was if I saw HI it. IS] A: These people, I know all these people. [6] Q: If you don't know, you can just say that. Pi A: I don't know. 18] Q: All right. Would you turn to page 4 of 19) Exhibit 516 under the heading "Disposal-Transformer (loj Fluids" Item 1? It says, quote, Monsanto reported on pi] their incineration studies with Purle, capital fi2i P-U-R-L-E, Brothers, and a pyrolysis, [i3]P-Y-R-0-L-Y-S-I-S, incineration pilot plant. Bayer's (HI analysis of their incinerator flue gas is awaiting the li5] installation of a new gas chromatograph, closed quote. [16] Do you see that, Item 1? ini A: Yes, I see it. Ii8i Q: Did you know anything about incineration (i9| studies with Purle Brothers at about that time? |20] A: No. pi] Q: Did you know anything about a pyrolysis/ [22] incinerator pilot plant? [23] A: No. [24] Q: Was a pilot plant for incineration of [25] Aroclors eventually built by Monsanto? Page 174 -m A: No. pi Q: Did you receive a copy of that document? Pi A: I don't think so. |4| Q: If you look on the right-hand side in the pi handwriting, the fifth name down appears to be Paul 16] Benignus; is that correct? Pi A: Yes. pi Q: Underneath the heading, it's also written I9| Aroclor toxicity? Iioi A: Yes. I hi Q: Did Monsanto have a practice of visiting I pi various manufacturers of similar chemicals to determine j131 what was going on in the industry II4|MR. SABETTA; Objection to form. li5) Q: -- at about this time? [i6| A; I would say yes. You are talking about li7i chlorlyte, those are our friends, competition and l isi friends in France and Germany and you mentioned 119| Q: Caffaro? !20| A: Oh, Caffaro, that's in Italy. I2i i Q: That's another manufacturer of Aroclor? |22| A: Yes. 1231 Q: Prodelec and Bayer make Aroclors as well as I24( Caffaro; is that correct? 1251 A; Yes. Page 176 m A: Yes. [21 Q: Where was it built? [3] A: At Krummrich plant. HI Q: Was that right across the river from St. [51 Louis? [6] A: Yes. [7] Q: Did you ever go and look at it? [8] A: No. [91 Q: At some point, did Monsanto build an [ioi incinerator? lit] A; Yes. [12] Q: Where was that built? [13] A: At Krummrich. I thought that's what we were [Hi talking about. U5| Q: We were talking about a pilot plant earlier. [16] A: Oh, well, okay. [17] Q: Maybe a pilot plant is the same as a plant. [18] I don't know. [191 A: Oh, a pilot plant would have been the first. 120] There were several attempts to build an incinerator. [2i| So yes, we call it a pilot plant and -- (22] Q: Let me ask some more questions now. At some 123] point, as I understand, Monsanto built an incinerator |24j for Aroclors reclamation products, right? [25] A: Yes. Page 173 - Page 176 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 ! f I ? k | | f Kr WATER PCB-SD0000066085 James L. and Barbara Furch vs. General Electric Co. Page 177 111 Q: Do you know about when that was? |2| A: Well, in the '70s. pi Q: Was it closer to 1970 than 1979? )41 A: I really don't know. I'm having trouble |5| getting the date fixed. I6( Q: Was that built at Krummrich? I7| A: Yes. 181 Q: Now, this refers to a pilot plant which I I9| understood was a smaller sort of plant to see if it lioi could be built. Maybe I'm wrong. 1111 A: You're not wrong. Ii2j Q: All right. So at some point, did you become 1131 aware of whether Monsanto built a pilot plant? iwi A: Yes. Ii5i Q: Did they? Ii6i A: I told you they built several that didn't inj work to satisfaction. And it took a while for the U8| engineers to get one that I understand did function as Ii9| it should. 1201 Q: What didn't work to the satisfaction of the 1211 engineers? 122| A: The fire brick didn't hold up. The (23i refractory brick didn't hold up as I understand it. 124| Q: Did you hear whether one of the things that I2si didn't work to their satisfaction was that the Deposition of Faul Benignus 8/23/00 Page 179 in A: Originally, Aroclor 1260 was used, |2( originally. That's because Frank Clark selected. (3| Later GE adopted Aroclor 1254 in that blend in (4) transformers. |5) Q: As per this particular letter mentions a |6ichange in your Aroclor 1254 which I would take to mean pi Monsanto's; is that correct? 18| A: That never changed, no. I9| Q: So there was no change in Aroclor 1254? lioi A: No. No. It was always 54 percent imchlorinated biphenyl, B-I-P-H-E-N-Y-L. Ii2i Q: If you skip the next paragraph and go to the Ii3| third paragraph in the letter, it says, quote, While [hi this document was at the printers, we received a li5i request from Stu Kernaghan, K-E-R-N-A-G-H-A-N, in the Ii6i Pittsfield Lab. to revise A13B1 to conform to the new ini AROCLOR 1254 and to provide a new designation A13B3B2 li8i for the PYRANOL blend using the new 1254 in place of [i9| 1260, period, closed quote. Do you see that? (20i A: Yes. I2ii Q: Is it your testimony there was no new 1254? (22i A: Aroclor 1254 is 54 percent chlorinated 123) biphenyl no matter what point in time. I'm confused by |24] this. 125) Q: Well, I am too. That's why I'm asking you. . Page 178 in incinerator pilot plant incinerators was emitting |2| furans and dioxins? 131 A: No, never heard of that. (4i Q: Would you turn to Tab 78 for me, please? I5| (Plaintiff's Exhibit No. 517 marked for I6| identification) |7i Q: We've placed a document in front of you which 18|we've marked Exhibit 517 which purports to be a letter |9| from Edward F. Parker, engineering materials and 1 io) process information operations dated April 21, 1972, a mi General Electric letterhead, to yourself; is that I i2i correct? You have that in front of you? (i3i A: Yeah, Parker, letter to me. lhi Q: Now, this letter concerns GE specifications 115( with respect to Pyranol; is that correct? Ii6l A: Yes. Ii7i Q: Andit says, quote, Iunderstand thatearlier I is) this week Vern Mulhall, M-U-L-H-A-L-L, of CGE informed 119| you of our plans to revise GE specification A13B1 and I20| A13B3 to reflect changes in your AROCLOR 1254 and its I2ii substitution tor AROCLOR 1260 in the transformer |22i PYRANOL blend, period, closed quote. Do you see that? 1231 A: Yes. I24| Q: Do you have a recollectionof what that was |25| about? Page 180 A: I can't help you. Q: Maybe somebody spit in the Aroclor and made it a new one. A: Somebody. I would assume they were adopting 1254 and called it the new -- I don't know. Q; All right. Can you turn to Tab 87 for me, please? (Plaintiff's Exhibit No. 518 marked for identification) Q: 1 put a document in front of you called Exhibit 518 which purports to be a letter from yourself over the heading market manager dielectric fluids dated July 11, 1973 to Mr. Douglas Schaedler, S-C-H-A-E-D-L-E-R, general safety advisor, Consumers Power Company. Do you have that document in front of you? A: Yes. Q: First sentence says, quote, We appreciate your seeking our opinion about possible toxic problems from the askarel transformers in your sotreroom, closed quote. Do you see that? A: Yes. Q: Did you prepare that document? A: I would say so from what I'm reading. Q: The fourth paragraph says, quote, These Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 177 - Page 18C WATER PCB-SD0000066086 L/cpuautuu ua x aui 8/23/00 Page 181 HI vapors should not be breathed. Any harmful amount hi would be detectable and irritating to personnel in the 13i area. As askarel is used for its safety from fire, the |4| assumption is that personnel would be able to leave the I5| area and avoid a harmful amount of askarel vapors, I6| period, closed quote. Do you see that? l?i A: Yes. isi Q: Did you receive any letters about -- I9| A: No, sir. I mi Q: Was there a reason for that? Hii MR. SABETTA: Objection to form, im A: No. Ii3i Q: You had received letters up until that time li4| from Mr. Papageorge advising as to dioxins and furans Ii5| being produced if Aroclors were incinerated at too low Ii6ia temperature; is that correct? ini A: Yes, the way the ball bounced. iisi Q: The paragraph immediately above what I just ii9| read says, quote, Incident of askarel transformer I20| failure is very rare. However, in event of rupture, as I2i| result of strong arcing, you would need to remove I22| fumes, from your work room, paren, storeroom, closed I23| paren, area using an exhaust fan. The arc-formed gas I24| would be primarily hydrogen sulfide - I'm sorry - Iasi hydrogen chloride. At elevated temperature some iituaco jui auu uai n/ai a ui to. General Electric Co. HI A: Yes. Page 183 I2i Q: Which was referred to Dr. Kelly; is that |3| correct? H] A: Yes. I5| Q: Do you recall what the inquiry was about? 16) A: In December of 1952,1 can tell from I?) distribution, I was not yet in the organic chemicals [8| division. I was still in the inorganic. I already 19) mentioned this relative to our outline as to when I lioi was. This shows I was still in the inorganic division liilDecember of 1952. In December of 1955,1 went to the [12] organic. [13]MR. SABETTA: What's the pending question? [14] Q: The pending question is do you recall lisi receiving an inquiry from this Mr. Palmer on December 116] 11th, and if so, what was the inquiry? Ii7j A: It says a letter December 11 to me. Yes, a H8| letter inquiry. H9| Q: In the second paragraph of this letter, 519, 120) I am somewhat concerned by your statement of the nausea (2ii and headaches that the workers have, closed quote. Do (22) you see that? (23) A: Yes. (24) Q: Was there an inquiry of nausea and headaches (25) of workers that you recall independent of this letter? . Page 182 HI askarel fumes would also be emitted, period, closed 121 quote. Have I read that correctly? I3| A: Yes. I4| Q: What would be produced in that situation as I5| well as hydrogen chloride? I6|MR. SABETTA: Objection to form. Pi Q: Do you know? isi A: Well, I'm saying that in addition to hydrogen I9| chloride, you would also have the chlorobenzenes in lioi vapor form. You'd have vapors of that and you would 1111 have vapors of PCB. Yeah. im Q: Would you also have furans and dioxins? im MR. SABETTA: Objection. Ii4| A: Not to my knowledge. I have no knowledge of lisi that. Ii6| Q: If you look at seven for me, please ini (Plaintiff's Exhibit No. 519 marked for lisi identification) 119| Q: You have 519 in front of you, Mr. Benignus, lioi which purports to be a letter from Dr. Kelly to Mr. D. (2i|W. Palmer, American Mutual Liability Insurance Company 122| dated December 17th, 1952; is that correct? I23i A: Yes. I24| Q: Now, the first paragraph in that letter 125| references a letter of December 11th to yourself? Page 184 Hi A: I don't recall anything independent of the (2) letter, no. Pi Q: And what was your job duty that would require (4) -- never mind. I'll withdraw that. Turn to Tab 8, if (5) you would, please. (6) (Plaintiff's Exhibit No. 520 marked for PI identification) 18) Q: I've placed an exhibit in front of you that 19] we've marked Exhibit 520. It purports to be a March lioi 17th, 1952 letter from yourself to a Mr. Hamilton [11]Laudani, L-A-U-D-A-N-I, Savannah, Georgia. Have you [12] got that in front of you? (13) A: Yes. (14) Q: Now, your typed signature is over a heading lisi "Aroclor and Special Product Sales;" is that correct, (16) on page 5? |i7| A: Yes. (18) Q: And before we go into the contents of this H9| exhibit, would you go back to 519 for just a moment, 120] please, the exhibit immediately before this one. That [2ii letter from Dr. Kelly purports to attach a booklet |22| giving the physical properties of Aroclors together [23] with information concerning packing materials, does it [24|not, in the second line? (25) A: Yes. Page 181 - Page 184 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066087 James L. and Barbara Furch vs. General Electric Co. Page 185 Q: Do you know what booklet that was that was included with that letter? A: No, I don't. Q: Do you recall whether you had prepared any booklets up until that point on physical properties of Aroclors? A: I think the first I prepared must have been in 1954. Q: So you don't believe you prepared any booklet that would have gone along with this letter; is that what I understand? A: Right. Right. Q: So if you look at Exhibit 520 for me again, please, this letter -- A: What is the date? Q: March 17th, 1953. This refers to an interest in working with Aroclors in conjunction with insecticide formulation? |ll A: Yes. 120| Q: And if you look at page 2 of that particular 121 document, fifth paragraph down, it says, quote, On page 122 19 of Bulletin P-115 is a chapter on dermatology and 123 toxicology. If the Aroclors are heated sufficiently to 124 develop vapors, it should be kept in mind that these 125 vapors bear a degree of toxicity and should not be Deposition of Paul Benignus 8/23/00 Page 187 HI interested in. It's whether the same material was used Pi in your bulletins as had come from this earlier pi document. 14j A: Yes. I5| Q: Do you have anyrecollection asto the I6| percentages of manufactured transformers that contained 17) Aroclors versus the entire transformer market? I8i MR. SABETTA: Object to form. I9| Q: Withdrawn. lioiMR. SABETTA: I think you have to specify a lit) time. Ii2| Q: Do you know what theapproximate percentage miof transformers manufactured in the 1969 time period ini was that contained Aroclors versus all transformers? fi5i A: All transformers is a very large number. All 116| transformers includes mineral oil. Now, askarel could Ii7i not compete with mineral oil, so it's not the same Ii8| market. Askarel is a specialty, specialty transformer, Ii9i a relatively very small compared to all transformer l2oj market. It's a specialty market where the user has I2i] made a judgment to use a fire-resistant fluid of a I22i premium and a specialized location where you couldn't 123)put a mineral oil transformer. So we can't compare I24i oranges to apples. [25i Q: Is this a specialty market developed by Page 186 inbreathed continuously in excessive amounts as described Pi in the chapter under dermatology and toxicology, I3i period, closed quote. Do you see that? Ki A: Yes. isi Q: Wasthere a bulletin by that designation at I6| that time? pi A: Yes. isi Q: Do you know in what you prepared, your own I9i particular documents on Aroclors that we've already lioi looked at that had a chapter on dermatology and 11n toxicology, whether you simply took what was in that 112! page 19 of Bulletin P-115 and repeated it? 113! A: Essentially, yes. 114) Q: You do have a recollection of doing that? I isi A: Because that's what I have. |116 Q: Well,do you know whether you put anything Ii7ielse in your own documents besides what was repeated l isi there in Bulletin P-115? Ii9| A: I don't have Bulletin P-115. I would say the I2oj answer to your question is it would be the same thing I2i| as in these. Do not breathe the fumes and the vapors. 122| Do not leave prolonged time on the skin. Wash off with 1231 soap and water. If it gets in the eye, wash it with I24i copious amounts of water and go to the eye doctor. (251 Q: And it's not so much what was said that I am Page 188 in General Electric and Monsanto? (2i MR. SABETTA: Objection to form. Hi A: By General Electric and Westinghouse and GE |4] licensees, yes. (5| Q: And Monsanto participated in the development |6| of that specialty development at that time? I7|MR. SABETTA: Objection to the form. I8| A: We never made sole transformers. 19] Q: That wasn't the question. Were less than 4 lioi percent of the transformers manufactured in the 1969 [in time period transformers that contained askarels? 1121 A: It would be some small number because maybe Ii3i that is right. I don't know where your 4 percent comes li4|from. But it's small compared to all transformers. I isi It's a small amount, yes. H6| Q: Did you feel in this time period that the 1 i7i lights would go out in New York if askarels were no li8i longer manufactured? 119|MR. SABETTA: Objection to form. [2o| A: I just listened. I2ii Q: Look at Tab 9 for me, please. 1221 (Plaintiff's Exhibit No. 521 marked for 1231 identification) (24t Q: You have Exhibit 521 in front of you which 125) purports to be a September 4th, 1953 document over the Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 185 - Page 188 WATER PCB-SD0000066088 i7tqjoaiuuu ui rain uciugiuu 8/23/00 Page 189 in signature of Elmer Wheeler to Mr. E. Mather, in M-A-T-H-E-R, at Ruabon, R-U-A-B-O-N, with a copy sent I3| to yourself among others; is that correct? m A: Correct. isi Q: And the subject is Aroclors toxicity; is that I6| correct? I7| A: Yes. isi Q: If you look atthe second paragraph, it says, |9| quote, I cannot state whether or not a flash discharge lioi might generate phosgene, P-H-O-S-G-E-N-E. I believe, ini however, that any phosgene so generated would be in a ini very small proportion to the total smoke and fumes 113| resulting from the discharges. In instances where 114| Aroclor, as a heat exchange medium, has been subjected i isi to fire and high temperature after a leak in equipment, Ii6| the clouds of breakdown products have been highly ii7i irritating but probably no more so than one would l isi expect from the burning of any type of industrial oil 119|or chemical, period, closed quote. Do you see that? 1201 A: , Yes. |2i| Q: Did you have any discussions on that topic 1221 with Mr. Wheeler at about that time? 1231 A: 1953, according to distribution, Mather was I24| at Ruabon. That's in South Wales. I was in the I25| inorganic division at this time, '53. Wheeler, seeing General Electric Co. Page 191 luMR. SABETTA: Objection to form. |2| A: No. That wouldn't have anything to do with 131 it. |4] Q: Are you familiar with that term? (si A: Explosion? [6i Q: Primary explosive. [7i A: Primary, that means an explosion. The isiaskarel is a hermetically sealed, and very copious Pi amounts of gas can be produced by the electric arc. lioi And this thing is a bomb, and if it let's loose, it Hi] will blow. It's a bomb. That's what is meant by 1121 primary explosion. Ii3| Q: The last part of this particular Exhibit 521 [hi talks about not using the Aroclors in paints which ns] might be applied in confined or unventilated areas, (16) particularly where they might be used on heated ini surfaces, does it not? [18] A: Yes. [is] Q: And that pertained to the vapors from those I20i paints that might be released and painters might be pi] exposed to them? [22i A: Yes. [23] Q: If you turn to Exhibit 17 -- Tab 17. [24] (Plaintiff's Exhibit No. 522 marked for [25] identification) Page 190 in this, I agree with what Wheeler has to say here. The I2| arc-formed gas was predominantly hydrogen chloride. 13] MR. SABETTA: The question is whether you had Hi discussions with Wheeler about this subject matter at |5| about this time. I6| A: Oh. I don't think I did. I think he wrote |7| this and did it himself. 181 Q: The next paragraph says, quote, I'm sure that I9| Mr. Benignus will answer your questions relative to the Iiot effect of Aroclor on insulating materials, when he ini returns from his vacation next week, period, closed [i2|quote. Do you see that? [131 A: Yes. Ii4| Q: What does that refer to, effect of Aroclor on jisi insulating materials? Ii6| A: Well, I would have to--insulating 117| materials. I have to assume it's talking about a li8i transformer. And on a transformer, insulating i i9i materials would be press board and wood structural 120] material. I don't know. I can't answer this. I2i|Insulating materials. It's too - it's not descriptive 1221 enough. I23i Q: Depending on what insulating materials are 124] used, can you get into situations which you might term I25| primary explosive situations? Page 192 [i] Q: We've put Exhibit 522 on that. It purports 12] to be a letter from J. R. Kellogg dated January 17, [3] 1958 to Mr. D. T. Mayer, M-A-Y-E-R, at W.G.K. Plant, [4] precautionary labels on chlorinated diphenyl with a [5] copy to yourself; is that correct? [6] A: Yes. Pi Q: Now,that firstparagraph says, quote, [si Confirming our discussion on the above subject the [91 Production Department will assume responsibility of no] precautionary labeling of all drummed Aroclors. This (ill will not apply to Pyranol or Inerteen products as 112] recommended by Dr. Kelly, period, closed quote. Do you [13] see that? [mi A: Yes. [15] Q: Do you knowwhat thatpertains to? 116] A: The drums are supposed to be labeled with a 117] caution label. And Kellogg is writing this to Mayer H8|who is at the Krummrich plant. Precautionary label. [i9]The container should contain a cautionary label. 120] Q: Who made that determination, do you know? [21| A: The surgeon general. [22] Q: Are you being facetious? [23] A: No. |24) Q: Let me just suggest to you that I don't I25| believe the surgeon general in 1958 made that Page 189 - Page 192 Gore Ferry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066089 James L. and Barbara Furch vs. General Electric Co. Page 193 HI recommendation. Do you believe he did? HI A: Not in 1958. Long long before 1958. pi Q: Yeah. Well, we're talking about this Hi particular Exhibit 522, January 17th, 1958, about a |5|precautionary label. And I'm asking you who made the |6| determination that one was necessary at that time? Hi A: I told you where it stemmed from. |8| Q: Where? 19| A: The surgeon general, iioi Q: The last sentence of that first paragraph ptisays, This will not apply to Pyranol or Inerteen 1121 products as recommended by Dr. Kelly, closed quote. U3i Were there discussions at that time about not using ii4| precautionary labels with respect to Pyranol and li5i Inerteen that you are familiar with? Ii6i A: Not that I'm familiar with. Ii7i Q: Do you know whether precautionary labels were ti8| used at about that time with respect to Pyranol? U91 A: They should have been. 1201 Q: Do you know if those precautionary labels 12i| were longer or more detailed than the information set 122| out in the second paragraph of Exhibit 522? I23i A: This would have been the wording in 1958. I24i Q: That wording set out in the second paragraph 1251 is apparently to be used with products other than Deposition oi ram Jtsemgnus 8/23/00 Page 195 HI Avoid prolonged breathing of vapors or mists. And then |2| it goes on; is that correct? 13] A: Correct. Hi Q: What's prolonged breathing? Hi MR. SABETTA: Objection to form. I6| Q: Let me withdraw that. What does that PI proposed caution mean when it uses the phrase, quote, |8| prolonged breathing? [9| A: Continuing to breathe obviously harmful, 1 ioi easily recognizable amounts of the fumes and vapors Hi] which under warning they would affect the mucous 1 i2t membrane, your eyes. Don't continue to be exposed to 113| that. Withdraw. But short exposures I've often had H4] don't do much damage. list Q: Just for the record, I am sure counsel knows lioi that's the kind of response I would move to strike at ini trial. The question was what does prolonged breathing li8) mean in terms of the amount of time involved in that 1191 breathing as used in this proposed caution? hoi MR. SABETTA: Objection to the form. |2i| A: I answer it? 122] MR. SABETTA: (Nodding). I23| A: If I understand, they were talking about the I24i safe amount in an eight-hour work room environment. 125]Don't spend eight hours in a work room that has more Page 194 Page 196 HI Pyranol and Inerteen. Do you understand that second HI than what is considered to be the safe level of vapors. I2j paragraph in that fashion? 12] (Plaintiff's Exhibit No. 524 marked for Pi MR. SABETTA: Objection to the form. 13) identification) Hi A: I don't follow your question, 14] (Discussion off the record) m Q: I'll withdraw it. If you turn to Tab 21 -- 15) Q: Let's go to Tab 22. In our off-the-record |6| (Plaintiff's Exhibit No. 523 marked for I6| conversation, Mr. Benignus, you spoke of holes. At Hi identification) Pisome point, were biodegradability studies done with 181 Q: We've marked that document Exhibit 523. It I8| respect to Aroclor? This doesn't have to do with this I9i purports to be a memo or letter from a G. Robert Sido, I9| exhibit. Let me start again. At some point, were po|S-I-D-0, labeling supervisor, to yourself dated Iioi biodegradability studies done with Aroclors? nil February 3rd, 1960 on Montar labeling. Do you see HD A: Yes. i i2i that? 112] Q: And do you know when Monsanto first started H3i A: Yes. 113| such studies? 114] Q: Now, that particular document contains 114] A: It had to be after the environmental ps| precautionary language to be affixed on a label; is H51 complaints. n 6) that correct? H6] Q: Do you have a recollection, perhaps, of an 117| A: Correct. 117] accidental study done by Monsanto associated with H8| Q: Do you know whether that particular sort of Iisj putting pentachlorophenyl on wood posts and burying li9i language was used with respect to Pyranol or Inerteen H9|them in Florida to see how they'd hold up? 1201 at that time? (2oi A: They didn't put it on wood posts. pi| A: Should have been. |2i| Q: Did they put it on the ground and put the [22] Q: Do you know whether it was? I22| wood posts in the ground? 123] A: I wasn't in the plant. 123] A: Yeah, right. I24| Q: The recommendation is, quote, Caution, I24| Q: Do you have a recollection of that? I25| exclamation point. CONTAINS CHLORINATED HYDROCAR: 30N$. A: Yes, Ido. Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 193 - Page 19 WATER PCB-SD0000066090 L/cpuaxuuu ui i am juciuguuj 8/23/00 Page 197 HI Q: What can you tell me about that particular -- 121 I'll use the phrase "study." I3| A: I know who made it. Ira Hatfield, he was a 141 wood pathologist. And this would have been in 1941 or I5| two, that point in time. And the normal tree, you I6| treat the wood, but the Florida study you're asking I7| about? is) Q: Yes. I9| A: He treated the ground in the hole, and an lioi untreated two-by-four he stuck in the hole then to see 1111 what happens to the untreated wood in Florida and in |12| Alabama. |I3| Q: And what did he put in the ground with 1141 respect to a chemical and the wood? |I5| A: Aroclor 1242. 116] Q: And what did he find out about the wood? |17| A: I think it held up pretty good, I think. |I8| Q: Did he make any findings with respect to the 119| Aroclor in terms of whether it degraded biologically? |20| A: No. |211 Q: When the environmental issue developed in the I22| 1960s, did Monsanto go back and look at that particular 123| study to determine whether there was biodegradability I24| results achievable? 1251 A: I think they did. I think they had a record ucunoo ij, auu uai uuia x' ui ui r 3. General Electric Co. Page 199 mover-all transformer markets, closed quote. Do you see |2| that? 13] A: Yes. I guess we already discussed askarel as H] it was a small specialty. [5] Q: If you skip the next paragraph and go to the 16] next to last paragraph on the bottom, it says, quote, HI It has not appeared entirely logical to make a direct [8] comparison of askarel against the general transformer 19] market happenings, when askarel is not likely to ever I io) command over 3 to 4 percent of the power and [ill distribution transformer business. Do you see that? [12] A: Yes. [13] Q: Was that your estimate as to how much of the [i4] power and distribution transformer business askarel [is] commanded at that time -- [16] A: Yes. [17] Q: - 1962? [18] A: That's where you got the 4 percent. [191 Q: Off the record. [20] (Discussion off the record) [21] Q: If you turn to page 2 under Item 1, it says, [22| quote, Since expiration of GE's use patents and [23] royalties in 1954 dash 55, we feel GE has not pushed [24] their Pyranol transformers as strongly. Do you see [25] that? Page 198 |i of this and did go back to see. 12 Q: And that was in about 1970? 13 A: I guess. |4 Q: And what was found with respect to those |5 biodegradability aspects of that particular study? |6: A: This I don't know. V: Q: Okay. Let me add Exhibit 524, if you would. |8| That document purports to be a review of transformer 19' askarel July of 1962 is the title. And we have a typed |I0| signature of a distinguished gentleman on page 9. tH Appears to be P. G. Benignus and an initial at the end |I2 of page 10 of PGB as well; is that correct? M3 A: You're right. Yes, sir. 114 Q: All right. Is this a document you prepared? 1151 A: Yes, sir. |I6 Q: Now, in this review, you set forth a history 119 with respect to transformer askarel; is that correct? |I8' A: Yes. |19i Q: And in the fifth paragraph down, you say, |20| quote, During these 1930 depression days, transformer |21 askarel was introduced as a new specialty, underlined, |22 which owed its existence solely to safety features. |23 Fortunately, transformer askarel, being strictly a 124: specialty, underlined, had been relatively free from 125 the strong economic fluctuations prevalent in the Page 200 [i] A: Yes. Pi Q: And the next Item 2 says, quote, However, all [3] transformer makers prefer to manufacture mineral oil or [4] dry type units rather than askarel, period, closed [si quote. Do you see that? [6] A: Yes. Pi Q: Was that your opinion at that time? [8] A: Yes. |9| Q: Wasn't that similar to Mr. Harris's opinion? [ioi MR. SABETTA: Objection to form. lii] A: I think he alluded to this, yes. I'd have to [12] say he mentioned something along this. It's not [13] entirely correct, however. [14] Q: This particular document goes on for setting I is] forth six items that you cover under the heading or at 116] least the sentence that says, The following specific in] factors, other than just to say that transformer [18] askarel is not the most sought after item. I will [19] withdraw that.' Let's go to page 3. That was a [201 terrible question. [2ii A: I didn't hear it. [22] Q: Just as well. Your counsel didn't object [23] either. On page 3, it's got what appears to be a 124] heading underlined. It has not been possible to [25] guarantee askarel against primary explosion. Page 197 - Page 200 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066091 James L. and Barbara Furch vs. General Electric Co. Page 201 HI exclamation point. Do you see that? 12) A: Yes, sir. Pi Q: What did you mean by "primary explosion"? Hi A: Just because askarel does not support I5|combustion, the arc-formed gas does not support I6| combustion, do not misinterpret that you cannot have a Pi primary explosion with an askarel transformer. What is lai being said, you won't have a secondary explosion, a 19) second boom, of flammable gas and liquid from mineral lioi oil. Mineral oil can give you a primary explosion and mi a secondary explosion. Askarel can give you a primary li2|explosion on severe power arcing, ini Q: Next to last paragraph on the bottom of that li4j page says, quote, The first step in solving a problem iisi is to recognize it and we clearly state the transformer 116] askarel's fundamental problem is the possibility for ini primary, underlined, explosion, period, closed quote, nsi Do you see that? Ii9i A: Yes. 120| Q: Do you know whether the customers were ever I2ii told about this problem of primary explosions? 122) A: I should think they would be aware of it. It (23) was very, very rare. The incident of such explosion, 1241 according to Edison Electric Institute, was an ' Iasi extremely low number. Deposition ot ram Jtsemgnus 8/23/00 Page 203 in large units that blew recently, period, closed quote. |2| Do you see that? I3| A: It said that moreover askarel, right now, is Hireplacing three mineral oil. 15) Q: Yeah. And it does seem to indicate that Hi Monsanto considered replacing the two large askarel [7| transformers with mineral oil, does it not? I8| A: Yes, it does. Hi Q: Were you participatory in those discussions? Iioi A: No. im Q: Look at page 4, fiveparagraphs down. It Ii2i states, quote, On looking back on the earlier Ii3i technology of askarel transformer construction, one can 114) find reason to feel that its automatic guarantees iisi against fire and explosion of arc formed gas, which are fi6i provided by even the poorest construction, tended Ii7) toward laxness in striving for the optimum design, li8i essential to minimize primary explosion, exclamation Ii9| point, closed quote. Can you tell me what you were 120| referring to as to optimum design to minimize primary pi) explosion? 122) A: You can have primary explosion. Now, what 1231 I'm saying is that the fact that the arc-formed gas l24|does not support combustion tends to cause laxness in 1251 striving for optimum design essential to minimize Page 202 HI Q: The question was do you know whether the Pi customers were told? 13] A: Well, we didn't have contact with the Hi customers. You got to ask GE or whoever made the 151 transformer. I6| Q: On page 4, you note about an explosion at the Pi cleaning plant of the transformer; is that correct? 181 A: Where is that? I9|MR. SABETTA: Which paragraph, please? |!0|MR. MCDONOUGH: Right under the heading "This Iuistudy fits us." U2| Q: (by Mr. McDonough) Just to pick one example 113] and because it is right here at home, the blow that IH| occurred in our yard at Queeny Plant could have been nsi prevented. li6| A: Okay. Ii7i Q: Do youknow whether there was discussion Iisi about going to mineral oil at the Queeny Plant? Ii9| A: No. I20| Q: Well, we'll turn back to page 3. Not to I2i|confuse you, fifth paragraph down couple sentences 122|says, quote, Moreover askarel, right now -- wrong I23| line. Above that. For example, in our own yard, I24| mineral oil is not replacing askarel, open paren, 125| although this was considered, closed paren, for the two Page 204 HI primary explosion. People think because you tell them 12] the arc-formed gas isn't going to support combustion 13) that you can't have a primary explosion. The statement Hi is somewhat complicated. It should have said what I is]just got finished saying. |6| Q: And did you feel at that time that people Piwere told they didn't need an electrical vault to put a 18] transformer in because the Aroclor would not explode? I9iMR. SABETTA: Objection. I'm sorry. Were you I io| finished? ini MR. MCDONOUGH: No, I wasn't. I lost my train (i2i of thought anyway. 113] Q: (by Mr. McDonough) Let's go to the next page Ii4|5. At the top of the page, it says, About a year ago, Ii5i both GE and Westinghouse turned over to Monsanto, full I)6| responsibility for all commercial handling of Ii7| transformer askarel. This does not mean that they H8|expect,us to stick our nose into their askarel 1191 transformers, but it does tell everyone that they will poino longer hold the umbrella over their competitors. I2ii These folks then have turned to us for help. This has 1221 opened the door for us to do many more things than I23i previously, closed quote. Do you see that? I24| A: Yes. |25| Q: What do you mean GE and Westinghouse turned Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-25 71 621-8883 Page 201 - Page 20 WATER PCB-SD0000066092 1/cpUOUlUU Vi A CALLt liCUigUliJ 8/23/00 Page 205 mover full responsibility for commercial handling? 121 A: This is dated 1962. GE patents, as we know, PI expired, let's say, roughly in mid 1950s. Here we are |4| in 1962. All along GE would have Monsanto collect the I5| money - I'm not talking about themselves, but when |6| Pyranol would be sold elsewhere, it was still subject pi to patent although the patents of the PCB and |8| chlorobenzene mix had expired. I9| They were still patenting the product to the lioi extent they changed the scavenger which they called mi they used ten tetraphenyl originally, and that had been 112| changed to diepoxide, and that was patented. That was li3t still effective in '62. And Monsanto -- excuse me, and 114| they lost interest in doing the book work and so on and U5|SO forth. So they said Monsanto, you ship it out to 1 i6i service shops and users collectively that scavenger is 117| still subject to patent,. I'm pretty sure, and reimburse lis) us, and that's all we're going to do. We're no longer li9|going to tell you to ship so-and-so many pounds to this 1201 service shop or that user or so on and so forth, do it I2i| yourself. And that's what I mean by they turned over pal the handling to Monsanto. P3| Q: Was that done in a formal way such as an I24| agreement or a notification in writing? 1251 A: I don't think so. utuuvo jlj* ouu jL/at ua& u jl ut vu t .j General Electric Co. Page 207 myou sold to Westinghouse GE got paid a royalty on? (2] A: Yes. Yes. 13] Q: Every pound you sold to Sprague Electric or |4| any other electric company GE got paid a royalty on? |5| A: Yes. |6] Q: And after that expired, it didn't unless 17) there was an epoxy they still had a patent? 18| A: Yes. [9] Q: If you look at page 5, the fifth paragraph |to)down it says, quote. Our objective is to take care of pi] the needs of the smaller transformer makers and all [i2i their customers, who sit out on a limb, as GE no longer (13) helps them since GE's Pyranol use patents and royalties (14) expired. [is] In addition to supplying the maintenance 1i6] guide, and doing the other above things, the time has [17] now arrived for Monsanto's need to actively advertise [is] transformer askarel. Several such ads are being [19] considered. Also, I am publishing a technical paper in [20] Insulation Magazine, open paren, the best trade journal pi] for this purpose, closed paren, to clarify mystery [22] about askarel, period, closed quote. Do you see that, [23] paragraph 5? [24] A: Okay. [25] Q: So do I understand from 1962 on, Monsanto Page 206 in Q: That ten scavenger that you mentioned, I2| weren't concerns raised as to toxicological Pi significance with respect to that? |4| A: Excuse me. |5| Q: That ten scavenger that General Electric I6| still had a patent on still received royalties on, |7| weren't there concerns raised as to toxicological I8| impact on that of people? I9| A: No. But they no longer, in '62, were using lioi ten. By then, I think they switched to the epoxide, ini But same answer to your question, no. mi Q: Well, there was no epoxide used in the 1131 Aroclor and there were no GE patents on the sale of li4| Aroclor to Westinghouse, for example, correct? Iisi A: You're correct because they used epoxide. 116] You're correct. [17| Q: Because Westinghouse didn't use epoxide, I isi correct? 119| A: No, Westinghouse used epoxide. They used [20| phenoxy propene, P-R-O-P-E-N-E, oxide briefly. 12HBriefly, PPO. I22| Q: That wasn't covered by GE's patent? 1231 A: Right. You're right. 1241 Q: So prior to GE's patent running out on the I25| dielectric use on the Aroclor, every pound of Aroclor Page 208 [1] became more active in the marketing of askarel for [2] transformers? Pi A: To the extent that I wrote this. We did not [4] advertise. We did not advertise. [5] Q: Did you put articles in that particular [6] journal as you referenced? [7j A: No. No. (8) Q: Did you prepare materials that were provided 19] to potential customers as to the use of askarel [to] transformers in schools, in office buildings and in [11] interior locations where they didn't need to use [12] vaults? [13] A: What we provided was an askarel transformer [14] inspection and maintenance guide. Oh, I know what you 115] are referring to. Yes, I believe they did that. They 116] had little brochures that spoke to that. Our in) advertising department did get active to the extent of Ii8| putting out little leaflets with comments along the [i9| line. There were no formal ads in the magazines or 120] newspapers or anything like that. [21] Q: Through pages 6 and 7, we discuss the utility [22] industry including Consolidated Edison and your friend [23] Earl Thomas -- [241 A: Yeah. [25] Q: - and his resistance to askarel units, do Page 205 - Page 208 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 t i s f i5 k f i WATER PCB-SD0000066093 James L. and Barbara Furch vs. General Electric Co. 111 you not? Page 209 121 A: I assume so. Earl didn't like askarel for pi his own private region. |4| Q: Did Consolidated Edison have more |5| transformers than any other utility company in the I6| country at that time? pi A: Consolidated Edison in New York was a large [stutility, yes. I9| Q: And did Mr. Thomas ever express reasons to lioiyou as to why he didn't want to use askarel 11 ij transformers? 1121 A: No. ti3i Q: Had he had explosions with respect to askarel lmi transformers? jis) A: I don't specifically recall, but-- [i6i Q: If you set it out in this particular 117) exhibit -- [18] A: Did I? 119) Q: - that would have been the case, correct? 1201 Yes, you did on page seven. [2i] A: I believe. [22[ Q: Let's go to fourth paragraph down. I know I23j that my friend Earl Thomas, the chief of Consolidated I24| Edison and an international authority on utility |25) apparatus, will never forget the askarel unit that tore Deposition of Paul tsemgnus 8/23/00 Page 211 Ml MR. MCDONOUGH: Exhibit 506 was organic 12) chemicals division report called "Liquid Dielectrics I3| 1956." |4|MR. SABETTA: And the question was to the 15) witness in substance whether Mr. Benignus -- whether l6|Mr. Harris was fired after he published the report. Hi And I think Mr. Benignus said he wasn't going to answer 18) that question, and I believe he would like to correct |9| that testimony. poi A: I'd like to say he was not fired. HU MR. MCDONOUGH: Okay. |12|MR. SABETTA: That's all. ini MR. MCDONOUGH: We may be concluded. It's [i4| subject to me looking at the notes. Regular transcript li5i in addition to the mini and no disk. H6| MR. GRONDAHL: Regular transcript and a mini ini and a disk. ns) MR. SABETTA: The regular and a mini and a li9)disk and we're reading and signing. 1201 1211 (22) |231 1241 1251 Page 210 in things apart in his network. Pi A: Right. Pi Q: This led Earl to employ mineral oil, under a [4| blanket of nitrogen in completely welded, open paren |5| hermetically sealed, closed paren, units. It can be I6| argued that these are potential bombs and if one ever pi let's go, NYC will be shaken. It says that, correct? 18] A: That's correct. I9| Q: Is it a true statement that NYC won't go poi without electric power if askarel was not provided to lit) the transformer industry? H2) MR. SABETTA: Objection to form. 113| A: They haven't yet, not now. l i4j (Recess) Ii5| MR. SABETTA: I just have one thing I want to j i6) put on the record. The witness told me he wanted to 117) amend his testimony from this morning with respect to a 118) question you asked about whether he knew -- I will 119| paraphrase. I don't remember the exact wording you 120) asked him -- whether John Harris had been fired from I2i| Monsanto after he wrote and published a report that was |22| marked as an exhibit this morning. I23|MR. MCDONOUGH: I'm familiar with that report. I24| MR. SABETTA: It was Exhibit 506. It was a |25| development of the department. Page 212 ID COMES NOW THE WITNESS, PAUL BENIGNUS, and 12) having read the foregoing transcript of the deposition Pi taken on the 23rd day of August 2000, acknowledges by 14] signature hereto that it is a true and accurate I5| transcript of the testimony given on the date 16] hereinabove mentioned. |7| [81 |9| lio) PAUL BENIGNUS HU 1 i2l Subscribed and sworn to before me this [13| 114)______ day of ____ _______, 2000. 115! U6|My Commission expires: ini 118] . 119]_______________________________________ 120)Notary Public |2I| 122| |23| |24| [251 Ct Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Page 209 - Page 21! WATER PCB-SD0000066094 L/c^uiiuuu ui x aui ucmgnuo 8/23/00 Page 213 IH State of Illinois |2|SS. I3i County of St. Clair Hi I, Catherine L. Turner, a Notary Public in isi and for the State of Illinois, duly commissioned, I6i qualified and authorized to administer oaths and to |7| certify to depositions, do hereby certify that pursuant isi to Notice in the cause now pending and undetermined in |9| the Supreme Court of the County of Broome, State of New l ioi York, to be used in the trial of said cause in said 11n court, I was attended at Fischer's Restaurant, 2100 112| West Main Street, in the City of Belleville, State of ii3i Illinois, by the aforesaid witness, and by the li4| aforesaid attorneys, on the 23rd day of August, 2000. i i5| The said witness, being of sound mind and li6| being by me first carefully examined and duly cautioned inland sworn to testify the truth, the whole truth, and l isi nothing but the truth in the case aforesaid, thereupon 119| testified as is shown in the foregoing transcript, said I20| testimony being by me reported in shorthand and caused I2i| to be transcribed into typewriting, and that the |22| foregoing pages correctly set forth the testimony of I23| the aforementioned witness, together with the questions |24| propounded by counsel and remarks and objections of |25| counsel thereto, and is in all respects a full, true,* I M~4m V4JLAVA L/Ul General Electric Co. . Page 214 m correct and complete transcript of the questions pi propounded to and the answers given by said witness, Pi that signature of the deponent was not waived by Ki agreement of counsel and of witness. isi I further certify that I am not of counsel or ll attorney for either of the parties to said suit, not pi related to nor interested in any of the parties or |8| their attorneys. I9| Witness my hand and notarial seal at St. I ioi Louis, Missouri, this 12th day of September, 2000. 1111 My Commission expires August 22, 2004. I i--l 113]_______________________________________ li4| Notary Public in and for the H5| State of Illinois lt6| CSR No. 084-003727 1171 |I8| |19| |20| 1211 |221 1231 |24| |251 Page 213 - Page 214 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066095 jJEOF ,3 1 jn|; NOV 1 o 2000 j\jj 212 1 COMES NOW THE WITNESS, PAUL BENIGNU55---`and---------------------- 2 having read the foregoing transcript of the deposition 3 taken on the 23rd day of August 2000, acknowledges by 4 signature hereto that it is a true and accurate 5 transcript of the testimony given on the date 6 hereinabove mentioned. 7 8 9 '^4^^ 10 PAUL BENIGNUS 11 12 Subscribed and sworn to before me this 13 g-iu 14 0_____day of _ _____ 2 00 0 15 16 My Commission expires: 3 17 18 19 20 21 22 OFFICIAL SEAL 23 SHEILA K HAYES NOTARY PUBLIC, STATE OF ILLINOIS 1 MY COMMISSION EXPIRES:08/25/03 ' 24 25 C t Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066096 I) Gara Fairy Gateway &. 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L/ $L -- WATER PCB-SD0000066098 1 Gore Perry Gaie'.vay cc Lina. Renonzng Company 515 Olive Street . " Suite 1007 ' Saint Laids, Missouri 63101 (314) 241-3730 @14) 321-3371 (314) all--4730 (314) 62J-1Z23 ?= (314) 24i~;am @aa)-473-s7sa ?h-_s j (ij Li ,i iiculd. ra=d: /d L A P / r <n 17 Siicxxid r=sd- E=sch rax-"assr.cne.a,.cxsxice: ^ p$/f~vl L'^/Os/^rcPi i\Ju'/ Pl V( l 0 /P" , ?=c3ra/ /^ ^ sao^d !TB=d; Hanson far nssigned. cxsnge: 535a //Atf ?.s=soi f: ?n "3 etas i Lone /L^ Sdcnxa r==n: pM-- P' <xss:L<=neci cdance: ^<&c1sri/ " Al J SiLCTilci r==d: APTH^ / ] if "^e j ^ /A[p siiicru-ld r==.d.: P isrspn fax- rssiciied cisace: PsTCoLp di t/rti-tp' 5=<rs= Plf T-^ H saoudd r=sd; l f/C4J> H==sorLfxx- assicaed chnnger Go i,n A UA OiphJ'iPiP -- LB^'rpAA 2=ce Lina ^ ' Siiauid rssdz. ;an fay assicrei change - Afi-A (Xjp PPPAA 'f f\Cp \4ALTA fVV/PLAAAl? V s-^ --:--< rssriz UtAA'0-G> ftt/ma^ AflAa^dfA /7 "- ?2SaiPr'^BA6^&^d TMd; Cv^hRfrtpiSPPyAL-'ry fi>Rjff,^ **zr. P: PAiippf PA^'^ tovr&r A m * ^f ^ 7^7/vj/d5 GEL ? = cra < ^ / :,(; ; v-^siiculd. r==d.z - h a t*rtvt> m ?.=5ull f :x assrcred cmxga: H/if ,^ /? . - *1 /7# \bP\ A AC A A a/ 7 WATER_PCB-SD0000066099 '!) Gora Parry Gateway & Upa Revotutl^ Campany 515 Olive Stresr . " Suite 1007 ' Same Lams, Misiaurc 63101 (514) 241-6730 $14) 621-5571 (314) 621-4730 <114) 6216333 Fas (314) 241-1070 1(300}--373-a 750 / / ' . u4^e>i'5/le. a/7p /c^ru ca: WtTJ(f5 /+ p{Ff(5i5(5f Should r==.c.- RpftSdf/' l!J u; hi Pi p=ca T. TTT fSk Should rxxd; ?j==son. z oil assioueci (-h^-ncre - Should r=xd: P.sscn for- assioiei (-^--ncre: 3=ere T. -7 T-rcs Should r==d: Zsiscn fox: assdcoed r-n-ncxe i ?=ce 7,-i-nea. * Should rsxd: Se=5GE fox' sssdgxLed r^s-nce r P sELcts Eine Should r==d: Re=,=?a:n, fox- cSS'' XE" rn?.n.oer ?=.cre r;f-np=- ShcuS-d. z==d.;. Reason 5 027 asHdoxusd cdsnae; ?=ge Lidxe Should r==d; 3.e=scE fox assicnei cosnge: 5^ge ~-?tt6=- Should. Reeson fox- sssdgnjed cdsag-a: Should. ?.s=scn noir soxf-cmed chsage: WATER PCB-SD0000066100 James L. and Barbara Furch vs. General Electric Co. 0- 0.5 57:20; 005180 103:11; 084-003727 214:16; 1- 1.0 57:20; 1/2-by-11 157:10; 100 87:15; 153:24; 155:1; 160; 14; 160; 17; 160:21; 161:16;161:22;161:25; 10th 117:19; 115 154:20; 11th 182:25;183:16; 12/1/54 51:17; 1228 116:17; 1242 116:17; 117:15;138:4; 138:23 ;139:2;139:4; 139:11; 140:3; 140:16; 144:20;145:24;158:3; 160:15; 160:17; 160:21; 161:16;161:22;161:24; 162:2; 162:16; 197:15; 1244 138:4; 1248 20:24;140:8;140:17; 1254 20:24; 138; 18; 140:10; 140:17; 144:19; 148:21; 158:24; 161:5; 163; 12; 167:1; 178:20; 179:3; 179:6;179:9;179:17; 179:18; 179:21; 179:22; 180:5; 1260 84:19;117:16;138:4; 140:11; 144:19; 148:21; 158:24; 161:6; 163:12; 178:21 ;179:1 ;179:19; 1268 166:24; 12th 94:20;214:10; 13th 126:23; 14th 124:3;166:2;173:22; 15th 71:22;99:23;100:4; 120:25; 1600 117:17; 17th 95:6;182:22;184:10; 185:16; 193:4; 19 16:16; 1930s 23:9;23:10;198:20; 1931 137:5; 1933 10:20; 1934 8:6; 10:21; 11:11; 15:14;66:7; 1935 26:24; 1937 15:24; 1938 43:24;44:2;44:3; 60:15; 1 93Q 16:4;16:5;16:10; 96:2;96:4; 1940s 78:11 ;97:11;171:21; 1941 16:13;20:18;20:18; 21:14;54:6;72:3; 89:5; 100:18; 197:4; 1943 72:4; 1944 57:10; 1946 16:16; 1947 16:19;20:3;24:15; 24:18;24:18;25:8; 25:14 ;27:17;31:17; 34:12;34:21 ;36:19; 36:22;43:25;44:12; 57:9; 1948 45:1;45:10; 1949 59:1; 1950s 10:12:13:12;13:17; 18:21; 19:5 ;59:24; 63:23;65:19;66:24; 69:6;74:13;122:2; 131:23; 167:14;205:3; 10:8; 16:21; 18:19; 18:19;20:5 ;27:17; 58:21 ;65:4; 121:19; 131:9;166:2;167:24; 168:9; 1951 17:6;17:7;17:12; 17:17 ;20:1 ;20:1; 20:10; 1952 182;22;183:6; 183:11; 184:10; 1953 95:6; 185:16; 188:25; 189:23; 1954 52:1;52:3;52:5;54:4; 54:8;55:8;58:21; 60:16;60:25;62:13; 70:8; 185:8;199:23; 1955 170:1; 170:2; 171:20; 171:20; 183:11; 1956. 211:3;69:23 ;70:9; 70:21 ;71:22;89:6; 89:8;94:20;96:22; 96:23;97:7;99:23; 100:4:169:17; 1957 172:7; 173:15; 1958 73:9; 192:3; 192:25; 193:2; 193:2; 193:4; 193:23; 1960s 197:22;70:17;70:22; 71:7 ;71:8; 194:11; 1962 198:9; 199:17;205:2; 205:4;207:25; 1965 72:23;74:4; 1969 105:25; 154:17;164:11; 164:24;187:13; 188:10; 1970. 124:4; 1970s 108:8; 134:20; 107:22; 108:3; 109:13; 113:3; 113:19;116:8; 116:12; 117:1;117:6;119:12; 120:15; 121:9; 122:25; 123:6;124:3; 125:14; 132:9; 135:24; 141:6; 143:16;143:17;143:23; 144:17;146:19; 151:1; 152:3; 173:22; 177:3; 198:2; 1972 109:15; 120:25; 126:23; 129:6; 129:17; 178:10; 1973 180:13; 1974 8:6;17:8;17:9;17:12; 17:18;24:18;65:19; 66:24;69:6; 122:2; 1977 108:23; 109:14; 141:17; 141:18; 1979 177:3; 1981 82:19;82:21 ;93:8; 1st 17:9;62:13;69:23; 2- 2.5 154:19:154:25; 2000 117:17;212:3;212:14; 213:14;214:10; 2004 214:11; 202 50:10; 2100 213:11; 21st 132:25; 22nd 133:1; 23-year 17:11;17:20; 23rd 32:20;212:3 ;213:14; 244 154:20; 2552 55:7; 25th 172:7; 26th 151:1; 28th 55:8; Deposition of Paul Benignus 8/23/00 2nd 164:24; 3- 300 39:5; 30th 31:17 ;43:25; 35481 72:15; 35483 74:16; 379 70:16; 380 42:3; 381 43:15; 382 167:21; 168:5; 395 104:23;107:4;112:14; 3rd 194:11; 4- 400 122:25; 402 119:11; 120:6; 122:9; 403 123:4; 488 94:18 ;98:4; 490 103:1; 492 124:2; 125:19; 126:3; 494 126:21; 499 93:6; 4th 188:25; 5- 500 31:11 ;31:13 ;36:11; 36:16;37:19;42:6; 43:5;43:6;43:12; 43:25; 501 44:21;44:23;48:4; 502 50:8;50:11;50:12; 503 51:11;51:14;60:16; 60:20;62:12; 504 51:11 ;70:14; 505 69:17;69:19; 506 71:16;71:19;210:24; 211:1; 507 112:24;113:1:113:6; 508 120:22;120:24; 509 132:3; 132:5; 134:1; 50s 67:25; 510 142:24; 143:1; 144:6; 145:14;150:15; 150:16; 152:5; 511 143:19;143:22;145:13; 145:21; 512 164:6; 164:9; 513 165:20; 165:22; 168:2; 168:13; 514 169:1; 169:3; 515 172:2; 172:4; 516 173:17;173:19;175:9; 5177 99:19;178:5;178:8; 518 180:8;180:11; 519 182:17;182:19;183:19; 184:19; 520 184:6; 184:9;185:13; 521 188:22; 188:24; 191:13; 522 191:24; 192:1; 193:4; 193:22; 523 194:6;194:8; 524 196:2;198:7; 58014 48:5; 6- 62223 7:17; 6th 124:4; 164:11; 7- 70s 177:2; 77400 62:25; 77472 53:23; 8- 800 119:20; 120:5; 122:12; 123:15;155:9; 8th 93:8;132:9; -A- . A-n-n-i-s-t-o 26:15; A-r-o-b-r-o 116:17; A-r-o-c-l-o 140:3; A-s-k-a-r-e 80:25; A13 158:12; A13b 158:19; A13b1 178:19:179:16; A13b3 178:20; A13b3b 158:22; Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 0.5 - A13b3b WATER PCB-SD0000066101 jL'eposniuii ul raw oemgmia 8/23/00 A13b3b2 179:17; ability 13:8;46:6;71:12; 116:12; able 76:9;83:6;83:9;87:22; 173:6; 181:4; Above 202:23; above 90:17; 119:20; 152:13; 181:18; 192:8 ;207:16; Absolutely 64:22; accept 160:17;i62:2; accidental 196:17; accidents 146:4; 162:9; accompanied 132:15; accordance 56:25;63:3;137:16; 162:17; Accordingly 162:8; according 189:23;201:24; accumulate 171:10; accurate 30:15;212:4; achievable 197:24; aching 103:15; acknowledges 212:3; acquaintances 165:3; acquainted 20:21; acquired 26:24;74:17; across 153:4;176:4; actions 7:23;134:8;146:2; 162:11; 162:24; 140:24; 141:5; actively 207:17;208:1 ;208:17; actually 46:5;53:3;53:4;64:11; 65:6;161:14; added 51:22:63:24; additional 98:20; 158:20; 182:8; 207:15;211:15; additives 19:21; addresses 96:24:7:14;198:7; adequate 163:3; adjacent 79:8; administer 213:6: adopted 179:3; adopting 180:4; ads 207:18;208:19; Advantages; 76:12; advantages 76:16; advertised 90:2; advertisement 92:7;207:17;208:4; 208:4; advertising 89:15;208:17; advise 32:24; advising 181:14; advisor 180:14; affecting 140:24; affects 36:24; 134:8; 195:11; affiliated 96:14; affixed 194:15; aforementioned 213:23; aforesaid 7:4;213:13;213:14; 213:18; African 28:6;28:11; afternoon 132:21; Again 28:8; Against 76:18;77:3; against 21:20;64:15;146:3; 199:8 ;200:25 ;203:15; 9:23; 17:16;25:6; 64:18;65:24; 126:2; 163:14; 185:13; 196:9; agencies 167:16;7:2;7:18; ago 86:22;88:8; 109:14; 152:3;166:20;204:14; agreement 109:1; 109:7; 109:10; 109:12; 109:16;205:24; 214:4;73:20;74:8; 75:19;76:14;77:1; 78:7;84:10;84:12; 85:3;89:25;94:4; 95:16; 138:22; 190:1; ahead 24:6; 101:13; 165:10; Air 40:3;41:3; air. 29:9;27:20;27:23; 29:7;38:14;40:11; 40:22;41:9;57:20; 153:4; 153; 10; Alabama 26:15;27:1;27:8; 28:14;172:7; 197:12; Aliphatic 11:17; aliphatic 11:18; allegedly . U> iUAtW Ull< General Electric Co. 99:3; Anniston Allis 26:15 ;27:1 ;27:8; 138:11; 27:25;28:2;28:6; allowable 28:14;29:22;33:6; 169:13; 34:15 ;40:5; 111:3; allowing 111:6;111:13;111:18; 137:17; 118:17;118:21 ;118:25; alluded 124:11; 125:3; 129:10; 200:11; . 129:16; 170:6;172:7; alluding anniston 8:21; 124:4; almost announced 141:10; 141:17; alone announcement 74:4;153:23; 122:7; along annually 16:25; 33:16;38:12; 41:16:153:24; 115:21; 125:6; 131:11; answered 135:13;139:16;152:12; 41:7;61:23 ;65:15; 159:23; 160:1; 162:13; 82:15;131:12;131:15; 185:10;200:12;205:4; 131:18;131:21;148:22; 208:18; 163:14; already Anthrone 44:2;52:5;53:1;54:4; 14:4; 57:7;58:6;59:8;59:10; anthrone 74:12;74:13 ;87:13; 14:5;14:17;14:18; 93:5;136:2; 162:10; 14:20; 162:22; 183:8; 186:9; Anybody 199:3; 61:14; Although anybody 160:13; 53:8;63:9;81:1;81:2; although 82:9;92:17;92:20; 24:23;30:5;202:25; 126:14; 138:7; 141:7; 205:7; Alumina anymore 51:6;146:18; 116:4; anyone always 60:12;95:12;99:12; 33:21 ;89:19; 179:10; 99:15; 100:6; 112:8; amazing 51:3; 112:11; 172:18; 172:21; anyway amend 210:17; 204:12; anywhere America 47:7; 31:16; apart American 210:1; 89:21; 160:23; 182:21; apparatus Americans 41:10;108:19; 149:12; 28:7;28:11; 153:23; 163:3 ;209:25; among 27:4;59:7; 117:2; apparently 77:24; 154:24; 193:25; 123:7; 124:6; 143:10; Appear 169:6; 189:3; amounts 151:18; appeared 154:18; 186:1; 186:24; 199:7; 191:9; 195:10; 181:1; Appears 181:5; 188:15; 195:18; 198:11; 195:24; appears analysis 116:7;118:19;118:21; 32:4;43:18;45:3; 112:15;130:6;174:5; 128:8;129:14; 175:14; 200:23; 130:2; Analytical apples 152:6; analytical 187:24; applicability 15:11;15:16;116:1; 116:15; 116:16,116:22;118:17; applications 118:21; 152:8; 45:20;45:21;52:6; Analyzer 135:10; 149:11; 152:18; 40:3 ;41:4; analyzer 40:7;76:9: 15 3:5;160:15; 163:2; 170:4;16:13;52:12; 96:3;96:14;160:16; analyzing applied 118:25; 39:4;191:15; Anilen 94:25; applies 57:21; animals apply 57:18; 101:4;99:25; 192:11;193:11; appreciable 72:21; appreciate 15:9:180:18; appropriate 44:5; approved 61:19;137:18; Approximately 10:8; 10:11; approximately 170:2;187:12; April 45:1;55:8;169:I7; 178:10; aquatic 144:20; aranol 63:21; arc-formed 137:7;137:21 ;162:5; 181:23; 190:2;201:5; 203:23;204:2; Arced 150:8; arced 81:2; 150:6; architects 90:24;90:25;91:4; 91:5;90:20; arcing 150:9; 150:10; 181:21; 201:12;78:1;78:5; 78:12;81:3;145:23; 150:2; 157 ;24; 191:9; 203:15; areas 191:15; 13:23; 13:25; 29:7 ;29:11 ;43:22; 60:11 ;78:24;82:18; 82:23 ;82:24; 101:10; 125:16;135:17;153:25; 181:3; 181:5;181:23; argued 210:6; arise 140:23; arising 57:17; Arobrom 116:17; Aroclor 16:24; 17:7; 17:25; 18:5;20:15;20:24; 21:3;21:4;21:5;21:21; 21:23;32:20;32:24; - 39:22;41:11 ;41:18; 45:1 ;71:21 ;72:19; 73:7;73:16;75:9; 75:13;75:22;77:21; 78:2;79:5;79:12; 79:14;79:15;80:18; 83:20;84:1 ;84:19; 84:I9;84:25;86:25; 87:7 ;87:10;87:10; 88:2; 105:3; 105:14; 106:1;107:7; 107:14; 110:10;116:17;117:14; 117:14;117:15;117:16; 129:4;131:9; 138:4; 138:4;138:4;138:18; 138:23 ;139:2;139:4; 139:11; 140:3; 140:8; 140:10; 140:11; 141:7; 144:20; 145:24; 146:17; 147:3; 148:21; 153:3; A13b3b2 - Aroclor Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066102 James L. and Barbara Furch vs. General Electric Co. 158:3; 160:15; 160:17; 160:21;161:16;161:22; 162.: 2; 16 3:12; 164:18; 166:12; 166:24; 167:1; 169:16;171:8;171:9; 174:9; 174:21; 178:20; 178:21 ;179:1 ;179:3; 179:6;179:9;179; 17; 179:22; 180:2; 189:14; 190:10;190:14;196:8; 197:15; 197:19;204:8; 206:13;206:14;206:25; 206:25; Aroclor' 87:3; Aroclor's 76:12;76:17;77:2; 77:20; aroclor's 76:11; Aroclor-filled 87:24;88:6; Aroclorids 8:18;9:3;9:4;9:19; Aroclors 9:1;9:12;17:1;18:10; 19:6;19:8;20:12; 20:19;24:2;34:9; 36:25 ;37; 11 ;38:11; 39:4;41:16;41:19; 41:25 ;44:1 ;44:12; 45:8;46:7;46:11; 46:15;47:23;48:2; 51:16;52:16;53:12; 54:5;54:7;57:14; 57:15;57:21;60;6; 60:17 ;60:20;61:9; 61:18;69:21;70:9; 70:23 ;74:2;83:9; 83:18;85:12;86;8; 90:12;90:24;91:2; 92:15;92:22;97:13; 101:14;101:21;103:24; 106:14;107:3;108:7; 108:22; 108:25; 109:6; 109:19; 109:23; 116:16; 118:13;129:3;131:4; 134:9;135:9;138:14; 138:15;138:17; 140:22; 141:14; 142:11; 148:13; 166:18; 166:23; 168:21; 169:13; 170:11; 170:16; 171:3; 172:15; 173:11; 174:23; 2 75:25; 176:24; 181:15; 184:22; 185:6; 185:17;185:23; 186:9; 187:7; 187:14; 189:5; 191:14;] 92:10:196; 10; aroclor 115:17;144:19;184:15; aromatic 11:19;12:5; around 82:19; arranged 132:20; 143:6; arrangement 163:18; arranging 133:7; arrived 207:17;132:20; articles 62:3;90:8;208:5; 34:25;37:4;37:8; 37:14;37:16;37:20; 37:23;42:5;42:9; 42:9;42:16;56:14; articulate 68:12; ascertain 172:18; Aside 79:19; Askarel 150:8; 152:16; 157:22; 187:18;201:11; askarel's 201:16; askarels? 150:7;91:11 ;112:4; 118:12; 136:20; 136:22; 139:20; 150:3; 188:11; 188:17 ;80:24;85:17; 85:20;85:22;86:1; 87:14;87:15;87:18; 87:18;91:7; 106:5; 109:9;111:6; 136:4; 137:17;137:18;137:22; 137:24; 142:8; 142:13; 142:15; 149:10; 149:20; 150:8; 152:17; 152:20; 152:21; 152:24; 153:2; 153:23; 154:10; 154:18; 156:12;159:6;159:6; 160:24;161:3;162:7; 162:17; 180:20; 181:3; 181 ;5; 181; 19; 182:1; 187:16; 191:8; 198:9; 198:17;198:21;198:23; 199:3;199:8;199:9; 199:14;200:4;200:18; 200:25 ;201:4;201:7; 202:22;202:24;203:3; 203:6;203:13 ;204:17; 204:18;207:18;207:22; 208:1 ;208:9;208:13; 208:25 ;209;2;209:10; 209:13;209:25;210:10; aspects 198:5; assigned 57:10;60:10; assigning 146:3; assignments 32:23;36:22;18:22; 33:2;34:20;35:4; assistant 45:24;93:14; 110:21; 127:24; associated 8:14;14:11;22:12; 23:8;23:18;23:24; 24:10;24:19;24:25; 25:9;25:13;26:9; 30:19:31:6;32:15; 34:14;35:18;36:24; 44:13 ;45:7 ;45:14; 60:2;60:6;61:1;83:4; 102:9; 102:20; 111:7; 125:15; 160:9; 196:17; association 25:11:145:4; assumed 16:25;51:10;59:14; 59:15;59:16;118:4; 138:19; 146:11; 148:21 163;13;180:4;190:17; 192:9;209:2; assuming 52:10; assumptions 170:5; 181:4; assure 162:16; Astm 83:4; 137:21; 162:19; atmosphere 39:22;40:11; 119:23; 123:16; atoms 22:10 ;22:18 ;22:19; 49:14;49:16;49:17; 50:15;98:20;140:6; 162:4;22:21,'22:23; 22:23; 137:2; attached 22:16;22:18;22:19; 49:10:184:21; attain 172:22; attempted 90:7; 172:22; attempting 92:13; 138:22; 140:16; attempts 176;20;47:10; 172:18; attended 213:11; attending 117:24;173:25; attention 99:9;167:8;167:10; 171:15;171:16;171:17; 171:18;171:22; attorneys 213:14;214:8;214:6; August 7:19;71:21;212:3; 213:14:214:11; authority 209:24; authorized 213:6;175:2; automatic 203:14; availability 152:24; available 33:20;38:12;38:14; 91:7;132:23; 142; 19; Avoid 195:1; avoid 41:21; 124:23; 139:11; 181:5; awaiting 175:14; aware 22:24 ;23:7;23:12; 23:18;23:23;24:8; 24:13 ;24:19;24:24; 25:8;47:18;47:19; 47:20;47:20;58:25; 59:21 ;73:6;73:8; 81:10; 101:3; 138:12; 159:19; 160:7; 177:13; 201:22; ' away 122:4; -B- B-a-d-i-s-c-h 95:5; B-a-y-e 173:21; B-e-n-i-g-n-u Deposition of Paul Benignus 8/23/00 7:15; B-e-r-g-e 114:23; B-i-p-h-e-n-y 26:17;48:20; 140:2; 140:5; 179:11; B-r-y-a-n 110:23; B2sl 127:13; Bachelor 10:24; background 26:2; 171:2;171:7; 171:12;173;1; 16:22; 20:1;20:5;23:9;23:9; 34:11;54:5;79:11; 89:5 ;97:10; 100:18; 107:14; 107:15; 107:16; 112:14; 122:8; 131:8; 136:3; 165:19; 171:21; 184:19; 197:22; 198:1; 202:20:203:12; Badische 94:25;95:5;95:14; bad 131:25; Baker 114:14;114:20; baking 34:18; ball 181:17; bar 112:4; Based 41:15; based 11:20:146:1; basement 80:2; Basf 59:22;62:21; basis 67:7;68:5;68:10; 68:11;68:24;69:4; 107:23;120:10; batches 128:9;95:6; 128:11; 129:18; Bates 72:15;103:10; Bayer 173:20;174:23; Bayer's 175:13; bear 185:25; became 23:12;24:18 ;25:8; 159:19;208:1; become 22:24 ;23:7;23:18; 23:23;24:8;24:13; 24:24;58:25 ;59:21; 92:13;92:20;177:12; began 20:17; beginning 62:25;50:5;54:6; 65:14;65:16;68:13; behind 109:20; beings 171:4;171:8; believes 98:18 ;98:25; 16:11; 16:19;19:5;36:14; 68:25;116:25:144:18; 161:15; 172:14; 185:9; 189:10;192:25;193:l; 208:15;209:21;211:8; Belleville 7:16;12:21;213:12; belong 114:4; 114:10; 114:15; below 39:18;119:21; 120:5; 122:12:123:14; Benignus 7:1;7:10;7:15;7:18; 31:14 ;42:5 ;44:24; 51:2;51:13;51:22; 66:16;69:20;93:5; 112:14;113:2;113:9; 121:21; 122:7; 132:6; 164:9;166:1;173:14; 174:6;182:19;190:9; 196:6;I98:11;2II:5; 211:7;212:1;212:10; Benignus. 51:18; Benzene. 48:7; benzene 11:25;12:2;12:15; 14:7;14:8;14:9;14:10; 14:12;22:5;22:7; 22:20;48:14;48:18; 49:l;49:4;49:i7; 49:17;49:18;50:4; 50:25 ;93:24;94:1; 94:2; 124:25; Bergen 110:21;114:23; 115:2; 115:3;115:7;128:3; 128:3; 128:4; besides 33:8;47:3 ;52:3 ;63:21; 92:21;186:17;79:5; best 8:12;33:22;46:6; 56:6;58:6;68:2;71:11; 121:22;207:20; Better 161:19; better 128:10:134:16; beyond 96:10; Bhc 115:23; bi-terphenyl 21:2; Bill 105:6; billion 144:13; Binghamton 81:10;81:11;81:19; 81:20;81:23;82:3; 82:11; biodegradability 196:7; 196:10; 197:23; 198:5; biologically 197:19; biopsy 115:20; Biphenyl 49:18; biphenyls Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Aroclor - biphenyls WATER PCB-SD0000066103 ucpusmuu ujl x diu Dcmguud 8/23/00 9:4;24:25;30:19; 31:7;49:8;99:5;2I:6; 24:1 ;24:11 ;24:19; 25:9;26:12;26:16; 26:19;26:25;27:6; 27:19;40:13 ;48:12; 48:20;48:21;49:1; 49:2:50:5:63:18; 124:23:137:1:140:6; 172:14;179:11;179:23; bit 24:16;24:17 ;78:2; bizarre 103:17; black 172:16;172:19; blanket 210:4; Blend 157:23;158:1; 158:3; 158:11; 160:14; 160:22; blended 66:1 ;67:23; 158:24; blending 67:9; 67:10; 67:11; 68:3;68:9;68:17; 117:4; Blends 157:22; blends 156:12;158:16;64:1; 64:3;67:1;68:20; 69:5 ;85:6; 145:24; 158:22; 159:7; 162:3; 178:22; 179:3;179:18; blessing 62:18; blew 80:25 ;81:3 ;203:1; blind 119:15; blowing 81:9;191:11 ;202:13; blue 106:21;106:22; Board 165:25; board 147:21:190:19; Bob 97:6;97:9;114:5; 129:25; ' boiler 166:22; bombs 210:6;191:10;191:11; bonds 50:20;50:21; booklets 185:5;184:21 ;185:1; 185:9:45:1:93:2; 161:12:161:14;205:14; boom 201:9; bosses 18:20; 18:24;44:13; 77:8;77:10;77:12; 77:16:100:18; 100:21; 115:9:115:11; Boston 139:8; Both 166:22: both 12:17:17:24,'18:4; 19:7;66:22;75:15; 79:13; 103:19; 15 8:10; 159:9;204:15; bottom 48:5 ;77:19;98:3; 129:24; 155:6; 199:6; 201:13; bought 26:23;27:3;46:11; 106:5; bounced 181:17; Brazil 167:9;168:24; breakdown 189:16:131:24; breathed 181:1; 186:1; 186:21; 195:9; breathing 195:1;195:4;195:8; 195:17;I95:19; brick 177:22:177:23; Briefly 206:21; briefly 206:20; brochures 208:16; Bromo 116:17; Brooks 114:2; Broome 213:9; Brothers 175:12:175:19; brought 99:8; 145:2; 169:10; 171:14;171:16; Brussels 173:22; Bryan 82:17; Bryant 110:23; 110:24; 111:10; 111:15;112:7;112:20; 125:12;125:12;125:14; 125:14; Bryant's 125:10; build-up 78:1; Building 127:13; buildings 30:7 ;91:14; 151:25; 208:10;36:1;36:2; 36:6;36:8;86:14; 109:18; 127:17; 127:18; 127:19;127:19; 127:21; 130:11; 130:19; 130:20; 130:20;130:21; 110:6; 176:9:176:20; built 175:25 ;176:2;176:12; 176:23; 177:6; 177:10; 177:13:177:16; Bulletin 185:22; 186:12;186:18; 186:19; bulletins 187:2;186:5; burning 189:18;77:21; burying 196:18; businesses 140:22;8:16; 16:24; 27:5 ;34:16;34:16; 91:18;108:3;110:22; 122:19;131:9;139:7; 139:8; 142:12; 146:17; 154:11; 154:24; 154:25; 157:6; 165:8; 165:14; 165:16;199:11;199:14; buy-back 135:17; 135:22;27:8; 85:20; by-product 159:13; -C- C-a 74:20; C-a-f-f-a-r 173:21; C-a-r-s-w-e 96:18; C-e-l-a-n-e-s 31:16; C-h-l-o-r-i-d 142:1; C-r-o-u-c 172:6; ClOhl2 50:22; C12h 49:20; C12h10 50:18;50:22;51:1; Cl2h12 50:13; C6h6 49:18;50:4;50:13; Caffaro 173:21; 174:19; 174:20; 174:24; caliber 74:19; called 44:15;48:5;48:6; 63:1 ;96:13 ;111:4; 115:4; 137:22; 155:7; 167:8; 167:10; 169:14; 172:17;180:5;180:10; 205:10;211:2; Cailinan 74:20;74:23;75:1; 75:2;75:4; calling 121:15;125:17;34:22; 46:3;52:12;122:15; 176:21; came 34:6;36:12;38:2; 38:5 ;38:7;41:9;44:15; 56:20;56:22;58:2; 68:8;69:12;72:4; 75:4;106:4;106:20; 111:7;111:15;135:2; 158:8;159:11; 159:23; 160:1;171:17;171:21; 173:13; Canada 46:14;47:4; Canadian 46:21; capability 116:8;144:11;152:8; capacitors 105:17; 108:15; 109:9; 141:18;153:3;141:17; 153:25; capacity 106:2; 116:1; 127:9; capital 77:22; 107:8; 148:23; 149:5; 155:9;158:12; 158:12;163:14;175:11; captured 133:25; Carbon 14:15 ;22:14 ;49:17; carbons 22:19;49:5;51:1; 11:18; 11:21 ;49:8; 137:10:150:12; cards 121:13;121:10;121:12; 121:15; carefully 213:16;87:1;121:11; 207:10; carried 117:18;118:1; 152:23; Carswell 96:18;96:19; cases 94:25;103:13;103:19; 7:4;8:25;79:7;84:3; 137:5; 137:7; 138:10; 138:10; 148:24; 162:9; 163:1;163:15;209:19; 213:18; casting 107:19; Catalog 92:3;92:4; catch 88:3; Catherine 213:4; caused 78:14;79:6; 166:12; 213:20; causes 77:25; Caution 194:24; cautionary 192:19; cautioned 213:16; 192:17; 195:7; 195:19; Celanese 31:15 ;33:5;34:23; 44:17; cell 111:4;112:1; Center 124:5; centigrade 120:5;122:12; 123:15; cents 110:15; 136:3; Certain 153:1; Certainly 9:14;35:17;53:23; certainly 9:7;33:22; 129:10; 153:16; 161:11 ;39:23; 124:17; 135:9; certify 213:7;213:7;214:5; Cge 178:18; General Electric Co. chain . 11;17;11:18,19:13; 19:16;115:7; Chalmers 138:11; chance 50:2;74:2;119:9; 133:18; changed 17:15;17:22;17:25; 19:6;19:17;19:24; 86:23;179:8;205:10; 205:12; changes 178:20; 16:22; 17:11; 17:19;19:14;19:22; 28:4;179:6;179:9; chaotic 140:23; Chapter 53:15;54:19;55:2; 56:6;56:15;57:25; 58:5;58:8; chapter 57:13;185:22;186:2; 186:10; characteristics 14:21;53:6;91:7; 91:11;79:12; charge 19:21 ;38:20; 110:9; 110:13; checking 103:16; 125:3 ;54:17; 64:14;104:19;132:22; Chemical 8:3;15:20;26:15; 26:20;26:23;26:24; 43:17;46:11 ;94:20; 99:12;99:17;104:13; 159:24; 170:7; chemicals 14:11;15:12;16:14; 16:17; 16:20; 16:23; 20:16;23:19;23:24; 25:23;25:24;25:25; 32:16;34:16;35:21; 35:22;35:25;42:1; 45:22;61:6;72:5; 75:12;94:8; 100:13; 100:19; 101:5; 101:8; 104:16;104:19;105:8; 123:24; 172:22; 174:12; 183:7 ;211:2;14:1; 14:3;14:16;14:22; 22:13 ;26:12;48:24; 74:1;111:2;117:5; 132:8; 189:19; 197:14; Chemistry 11:1; chemistry Il:2;ll:7;ll:8;ll:14; 11:15;11:18;11:19; 11:21:12:1:12:7; 12:14;12:15;12:18; 15:11;17:2;17:2; 23:19:26:19;26:21; 27:6;51:10;72:10; chief 209:23; Chlor 138:11; Chloracne 99:22:100:4; chloracne 22:25;23:8;23:18; biphenyls - chloracne Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066104 James L. and Barbara Furch vs. General Electric Co. 23:23;24:10;24:19; 24:25;25:8;25:12; 26:8;32:15;59:6; 59:18;60:2;60:12; 94:25 ;99:3; 102:19; 160:10; chloracnogen 98:18; chloride 137:9; 141:25 ;142:1; 150:11; 181:25; 182:5; 182:9; 190:2; Chlorinated 194:25; chlorinated 21:3;21:6;21:7;24:1; 24:25;25:9;98:5; 98:19;98:24;99:2; 99:4; 115:22; 138:14; 138:15; 138:19; 144:21; 145:3; 166:20; 166:21; 166:21; 166:25; 167:2; 179:11; 179:22; 192:4; chlorination 140:4; chlorine 22:10;22:17;22:18; 136:18;137:2;137:6; 137:13; 137:24; 140:6; 140:7; 145:25; 161:6; chlorlyte 174:17; chlornaphthalenes 99:4; chlorobenzenes 67:12;68:16;182:9; 85:4; 159:1 ;205:8; chlorodibenzofuran 126:24;128:7; choice 85:25;87:13; choose 77:23; chromatograph 175:15; circa 137:4; circulate. 113:8;113:14; circumstances 87:17; citations 146:2;37:20; cited 34:3 ;42:6; 148:23; 163:15;37:22; cities 152:25; City 82:23;82:24;83:19; 213:12; city 86:20; claims 78:16;79:4; Clair 213:3; clarify 143:21:207:21; Clark 137:4; 161:8; 179:2; classic 136:17:137:11; classify 76:8; cleaned 107:16; cleaning 111:5; 111:11 ;202:7; cleanly 69:2;111:19;1U:23; 112:8; clearly 201:15;27:25; 66:17; 169:12;169:15; closed 39:8 ;39:24;41:22; 55:8;55:9;57:22; 63:4 ;72:24;73:20; 74:5;75:17;76:9; 76:13 ;76:20;78:7; 79:16;84:7;84:25; 88:9;90:21;98:12; 98:15;99:5;99:25; 103:17;105:17; 108:13; 108:15;115:23;115:24; 116:19;117:20;118:22; 119:25; 120:2; 124:25; 128:14;129:14;132:17; 132:20; 132:25; 133:1; 134; 10; 135:10;135:20; 136:11 ;136:22;139:20; 144:13; 145:5; 146:4; 148:25 ;149:13;150:3; 152:9;153:6;154:1; 154:22; 155:11; 158:1; 160:15;160:18;163:4; 163 ;20; 164:18; 166:15; 167:4;169:19;175:15; 178:22; 179:19; 180:20; 181:6;181:22; 182:1; 183:21; 186:3; 189:19; 190:11; 192:12;! 93:12; 199:1 ;200:4;201:17; 202:25 ;203:1;203:19; 204:23 ;207:21;207:22; 210:5; closely 125:15; closer 24:18;177:3;17:10; 77:20;103:16; clothing 41:20; clouds 189:16; coached 30:11; coaching 30:13; coat 153:11; Coeur 127:17; cold 103:20; collected 163:17; collectively 205:16;61:15;76:8; 205:4; College 10:20; 10:23; 11:9; 13:2;13:3; college 10:15;10:18; column 111:4;111:4; combustibility 145:23; 157:24; 162:22; combustible 162:5; combustion 201:5;201:6;203:24; 204:2; coming 133:8; commanded 199:15;19:13;19:17; 115:7; 199:10; commence 7:8; comments 208:18;124:14; commercial 33:7 ;204:16 ;205:1; Commission 212:16:214:11; commissioned 213:5; committee 107:25; 108:2; 134:17; 147:11; 147:13; 147:15; 147:16; 147:22; 147:25; 148:3;148:8;148:9; Commonly 141:24; common 103:18; 142:5; communicate 173:7; communicating 173:11; communications 167:15;167:7; companies 117:6; Company 8:3 ;8:3;9:10;26:23; 26:24;43:18;46:11; 94:20; 117:18;118:2; 121:2; 123:1; 123:6; 180:15;182:21; Company's 63:4; Company. 143:24; company 9:25;46:19;85:13; 132:24;147:19;147:20; 207:4;209:5; compared 187:19; 188:14; 187:23; comparing 161:5; comparison 199:8; competent 55:3;187:17; competition 174:17; competitive 72:20; competitors 204:20; compilation 70:3; compiled 54:9;70:17; 104:3; 61:15;69:25 ;70:17; complaints 23:8;84:1;84:13; 168:20;196:15; completely 108:22; 141:16; 152:7; 169:12;210:4;90:5; 148:22;163:13;214:1; complicated Deposition of Paul Benignus 8/23/00 204:4; components 63:20;65:17 ;66:1; 66:10;67:2;67:24; 142:15;63:18;85:5; 85:7; 136:21; 139:20; compounds 34:18; 140:10;93:25; 98:19;140:8; comprised 147:16; Con 83:1;83:7;83:10; 83:11;83:12;83:18; concentrations 57:19; 171:3;40:10; 40:12:169:13; concerned 132:13:183:20; concerning 184:23; concerns 178:14;206:2;206:7; concluded 211:13;69:13; Conclusions 73:14; Conclusions. 72:13; conclusion 98:23; concomitant 159:13; 159:23; 160:1; concurrence 56:10; conditioners 153:5; conditioning 153:10; conditions 39:24;22:25;38:13; 108:24;140:23; conducted 27:19;27:22;29:6; 29:11 ;55:2; Conference 169:18; conference 103:1; 151:24; 151:25; 38:23; confined 191:15; 163:19; confirmation 116:5;116:7; Confirming 192:8; Confirms 173:14; confirm 109:8; 132:13; conflict 136:17; conform 162:6; 179:16; confused 166:18; 179:23 ;8:13; 202:21; confusion 167:1; conjunction 185:17; connected 44:3;57:11;59:2; connection 50:16;101:1; 166:20; 51:1; Cons 75:9; consensus 152:24; considerably 86:23:167:3; considerations 32:21 ;32:25; 155:7; considered 75:14; 196:1 ;202:25: 203:6;207:19; Consolidated 208:22;209:4;209:7; 209:23; construction 203:13;203:16; consultant 132:20; consulting 90:20; Consumers 180:14; consumer 86:15; contact 47:16;75:21;86:18; 166:14;168:16; 168:19; 202:3; contained 37:22; 104:20; 159:16; 161:17; 172:19; 172:23; 187:6;187:14; 188:11; container 192:19; containing 117:14;161:8; Contains 194:25; contains 194:14; 111:20; 115:21; 192:19; Contaminants 111:24; contaminants 112:2;93:25;112:9; contaminated 135:19; 136:4; 123:16; contamination 139:12; contents 53:15; 184:18; 128:7; context 102:14;102:15; continue, 149:17; continued 108:25; 148:21; 163:12; 13:8; 108:7;109:6; 142:12;148:10;149:10; 149; 19;150:2;195:12; Continuing 195:9; continuing 128:11; continuously 186:1;111:4; contrast 162:22; Control 132:16:154:16; control 15:17;15:20;95:7; 95:17;163:3; convention 141:17; conversations Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-25 71 621-88Moracne - conversations WATER PCB-SD0000066105 jL/eyuaiiicui ui x uui Dcmgaua 8/23/00 95:12;99:11; 102:18; 132:13;133:3;196:6; converting 88:1; copied 32:5;165:6;169:22; copies 4 5:4; 106:10; 167:15; copious 186:24; 191:8; copy 45:12;45:13; 119:15; 119:15;123:1;123:7; 157:16;166:1 ;166:6; 167:7; 168:13; 169:5; 172:7;174:2;189:2; 192:5; corporate 134:7; Corporation 31:16; corporation 170:8; 170:10; correctly 130:2; 182:2;213:22; corresponded 98:21; correspondence 31:15;31:17;107:2; 140:14; 164:10; 164:23; 166:6; costs 135:8; couldn't 84:6; 187:22; Counsel 82:16; counsel 24:23;82:7;82:8; 82:9;195:15;200:22; 213:24;213:25 ;214:4; 214:5; countries 46:24;47:3; country 143:17;143:18;153:4; 154:22;209:6; County 213:3;213:9; couple 202:21; courses 13:2;12:12;13:3; 13:7;22:24;38:21; 38:21 ;58:22;64:19; 65:1 ;76:13; 140:20; 165:7;165:13; Court 213:9; court 121:11; 146:2; 162:10; 213:11: covered 86:21;206:22; covering 99:22; covers 33:25:76:17;77:2; 200:15: Creve 127:16: critical 152:20; criticisms 75:13 ;75:24;76:8; criticized 84:4; crossed 113:9; Crouch 172:6; Csr 214:16; cubic 38:10;40:21 ;41:8; 57:20; Cumming 127:24;128:4;128:5; currently 118:17;128:9;136:19; curtail 135:9; customers 53:9;53:11 ;75:22; 106:5; 107:14; 109:5; 122:22;123:21;123:22; 125:18; 126:9; 140:22; 167:16;173:7;173:8; 173:11;201:20;202:2; 202.'4 ;207:12 ;208:9; 44:17 ;44:18; 109:2; 15:10; cut 24:3; -D- D-i-e-l-d-r-e 115:23; D-i-o-c-t-y-l-p-h-l-a-t 141:20; D-y-s-p-n-e 103:15; D.c. 79:15; damages 163:16;78:15;78:16; 81:2;166:13;195:14; danger 72:21;78:14; dash 64:2;132:18;163:13; 163:13;199:23; data 45:1; dated 31:16 ;45:1 ;51:17; 54:4 ;57:10;62:12; 69:22;72:2;73:9; 73:12;93:7;94:20; 99:22; 100:4; 119:12; 120:25; 124:3; 126:23; 132; 8; 164:11;164:24; 166:2; 167:23; 172:7; 178:10; 180:12; 182:22; 192:2; 194:10;205:2; 71:5;108:10;130:15; 150:25; 177:5; 185:15; 212:5; days 7:19;55:20; 198:20; 132:24; 132:25;212:3; 212:14;213:14;214:10; Ddd 115:22; Dde 115:22; Ddt 115:22;145:3; dealings 21:8;21:16; 102:1; 20:19;23:1 ;59:17; 121:20; deals 56:9; dealt 126:10:143:18; December 31:16;32:20;43:25; 44:12;62:12;182:22; 182:25; 183:6; 183:11; 183:11;183:15;183:17; decided 87:2;87:6; decides 90:20;31:25;86:7; 89:18; decipher 130:12; decision 87:23; Decomposed 78:4;78:5; decomposed 150:10;150:13; decomposition 150:9; decompressed 78:2; defend 105:13; Defense. 115:18; defined 18:18;21:4;21:22; defining 101:18; Definitely 42:13; definitely 112:5; 118:3; 131:1 ; 137:6; 137:16;144:8; 153:17; definitions 136:20;162:7; Degradation 155:7; degraded 197:19; degrees 12:18;39:5;117:17; 117;17;119:21; 120:5; 122:12;123:15;155:9; 10:22; 11:10;11:11; 15:1 ;51:4; 185:25; delegate 163:18; delivered 65:12;66:1 ;66:11; 65:18;67:2; Denver 164:25; Department 88:4; 192:9; department 8:15;16:15;16:16; 16:18 ;20:17;26:19; 35:14;35:15;35:19; 38:19;38:23;42:15; 44:14;45:2;45:15; 54:16;55:14;55:15; 56:8;58:3;58:10; 61:7;61:17;71:20; 72:5;96:15;97:2; 100:20; 100:24; 110:5; 114:8; 132:8; 167:23; 168:7 ;208:17 ;210:25; dependable 87:19; uoiuca x-/. ctiiu inti uma riaui va. General Electric Co. depended 86:1; Depending 190:23; depending 87:16; 158:25; 159:1; deponent 214:3; deposes 7:4; depositions 81:8;213:7;42:4; 70:16;212:2; depression 198:20; dermatitis 84:3; dermatological 60:6;70:9; Dermatology 53:16;54:19;56:16; dermatology 54:3;54:11;61:18; 62:6;62:15;63:10; 70:22; 185:22; 186:2; 186:10; described 186:1 ;53:5; 136:1; descriptions 99:23; descriptive 190:21; designated 151:15;21:6; designation 96:6; 160:22; 179:17; 186:5; designed 57:17;111:19;111:23; 203:17 ;203:20;203:25; Desires, 163:10; desire 39:19;39:20; destroy 109:19; destruction 119:20; detailed 193:21; details 152:23;149:25; detectable 181:2;144:12; detergent 34:19; determination 139:11; 192:20; 193:6; determine 39:23;41:25;47:16; 60:16; 104:15; 117:12; 174:12;197:23; Detroit 86:22;87:2;87:6; developed 103:18; 105:20; 111:3; 116:16;! 16:23; 128:13; 187:25;197:21; developing 92:21:111:11; developments 63:4;16:14;16:18; 20:17;25:25;45:24; 71:19;72:5;100:20; 100:24 ;188:5;188:6; 210:25 ;45:25 ;47:10; 92:14;98:13;128:6;. 128:10:185:24; devices 86:9; dibenzodioxin 126:11; dibenzofuran 124:22; 126:10; 124:22; dichlorophenol 95:1; Dickinson 132:18; dictated 157:25; dictation 144:5; Dieldren 115:23; Dielectrics 8:24;71:20;2I1:2; dielectrics, 108:12;8:22;8:23; 9:1; 17:25;52:14; 65:5;92:10;92:14; 92:21; 108:11; 108:25; 110:25; 111 :6; 125:17; 164:18;9:12;9:15; 18:4; 18:8; 18:10; 18:21;19:7;19;8; 53:6;63:11;106:6; 111:12;111:20;121:3; 121:8;121:17; 122:1; 122:10; 161:8; 170:3; 180:12;206:25; diepoxide 205:12; Dietrich 114:2; die 107:18; differently 104:4;29:10;54:10; 63:24;81:12;133:11; 154:20;158:15; difficulties 84:5; difficulty 151:16; dioctylphlate 141:19; Dioxins 128:12; dioxins 30:19;31:6;85:10; 94:1;94:12;95:18; 99:12;104:15;104:20; 111:21 ;119:25; 120:5; 120:11; 122:11; 123:22; 125:4; 128:18; 128:21; 129:18;150:13; 155:14; 155:21; 156:1; 156:7; 178:2;181:14;182:12; 93:23;94:8;98:7; 123:13;124:23; Diphenyl 48:6; diphenyl 48:9;48:12;48:14; 49:20;98:5;98:19; 98:24; 166:21 ;166:22; 166:24;167:2;192:4; directed 106:8; directly 127:25; 128:2; director Gore Perry Gateway & Lipa St. Louis, MO conversations - director (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066106 James L. and Barbara Furch vs. General Electric Co. 8:17;25:24;33:6; 42:18;45:24;105:7; 114:17; 128:3; 131:1; 165:25 ;86:24; 199:7; disabling 103:14; disagree 78:9;94:6; discerning 118:7; discharges 189:13;189:9; discontinued 157:23;108:21; 148:13; Discussed 157:22; discussed 62:15; 62:17; 84:24; 119:19;124:22;133:6; 133:9; 134:3; 134:15; 144:24;145:8; 146:6; 146:9; 146:11;156:12; 156:22; 163:6; 199:3; discussing 152:17; discussions 26:7 ;86:5 ;87:9;94:11; 94:14;95:4;99:15; 99:16; 100:6; 102.: 19; 103:7; 103:25; 107:2; 112:7;112:11; 120:4; 125:6; 132:23; 135:13; 139:10;139:15;152:11; 155:13;162:13;163:21; 189:21; 190:4; 193:13; 203:9; 11:4;42:17; 43:10;44:20;94:9; 112:23; 133:23; 133:25; 135:18;154:5; 192:8; 196:4;199:20;202:17; 36:23;126:13;134:12; 162:16;208:21; disinfectant 75:11; disk 211:15 ;211:17 ;211:19; disposal-transformer 175:9; Disposals, 155:7; disposal 105:3;105:15;105:16; 106:1; 106:6; 112:17; 150:2; dispose 106:7; disposing 117:13; disseminate 61:7; dissipation 112:4; distillation 172:13:84:22; distinguished 198:10; distribution 77:14;77:15;87:12; 109:25; 114:12; 183:7; 189:23; 199:11; 199:14; division 15:12;16:17;16:23; 19:25; 19:25 ;20:17; 25:24;26:13;26:20; 35:22;35:23;35:25; 38:8 ;44:14;45:14; 45:15;52:7;54:7; 57:8;61:1;61:6;72:3; 72:6; 100:19;105:8; 114:3;114:20;131:10; 131:11;167:12;171:22; 173:15;183:8;183:10; 189:25:211:2; doctorate 51:9;26:3;26:5;42:21; 186:24; documented 137:21; 160:23; 162:17; documents 59:17;71:9;71:15; 103:24; 107:2; 157:10; 165:5;165:17;186:9; 186:17;31:23;51:16; 51:23 ;51:24;52:4; 52:25;54:2;60:16; 69:21 ;69:25 ;70:4; 70:8 ;70:8;70:17; 70:18;70:21;70:22; 71:18;71:24;72:12; 73:12;74:15;75:8; 93:19;94:22;94:24; 95:5;100:3;1Q4:3; 104:8;104:23;104:24; 105:2; 106:8; 106:14; 106:18; 107:4; 109:21; 113:4; 114:1; 124:2; 124:2; 124:9; 124:17; 125:19; 12.6:3; 126:22; 127:3; 144:10; 146:14; 150:18;150:22;152:12; 152:15;156:8;157:4; 162:14;164:4;164:8; 164:14; 167:24; 168:3; 169:7; 170:14;174:2; 175:2;178:7;179:14; 180:10;180:15;180:23; 185:21; 187:3; 188:25; 194:8;194:14;198:8; 198:14;200:14; dollars 153:24;154:19; done 51:13;52:1;56:2; 56:25 ;61:2;69:15; 70:20;87:25,'126:13; 128:10;151:12;166:19; 166:20; 196:7; 196:10; 196:17 ;205:23; door 204:22; doses 98:14; double 50:20:50:21 ;74:20; 96:18;116:6;132:7; Douglas 180:13; Dow 98:22;99:12;99:17; 104:13; downtown 88:2;20:10;24:16; 36:23 ;39:18;49:23; 50:2;55:19;57:8; 57:12;57:13;61:16; 61:21;62:5;62:14; 79:4;89:16;98:3; 116:14:146:20; 151:7; 153:1; 153:2; 174:5; 185:21 ;198:19;202:21; 203:11 ;207:10;209:22; drawbacks Deposition of Paul Benignus 8/23/00 84:23; drawn 50:12;93:22;50:21; drew 137:1; Drinker 37:16;37:20;42:24; 43:17;60;15; 166:19; 166:24; Drinker's 43:10; Drive 7:16; drop 33:10; Drs 55:4; drugs 13:23;13:23; drummed 192:10; drums 192:16; dry 79:11 ;79:14;86:1; 87:14;87:16;87:18; 149:13;200:4; Due 145:23; due 94:25;99:3; 157:23; duly 7:2;213;5;213:16; Duquesne 88:4; During 13:7;64:19;66:23; 92:19; 131:2; 198:20; during 23:20;28:24;30:18; 66:2;66:11;67:24; 92:22;117:6;120:14; 121:4; duties 8:11;15:5;17:12; 17:15;17:19;34:13; 34:14;45:11;45:18; 52:3 ;64:13;75:21; 169:25; duty 45:19;52:11; 100:23; 169:25;184:3; dwelling 152:22; dyspnea 103:15;103:20; -E- E-s-p-e 123:1; each 137:10;137:13; Earl 83:13;83:15 ;208:23; 209:2;209:23;210:3; Earlier 20:2;82:10; earlier 7:20;70:15;72:23; 103:23; 143:6; 167:22; 176:15;178:17;187:2; 203:12; early 10:12;13:11;13:17; 25:11 ;59:24 ;65:21; 67:13;67:25;69:5; ' 111:16; 131:9; 132:21 earth 135:19; easily 195:10; East 28:23; easy 13:4; economic 154:19; 198:25; Edison 86:22;87:2;87:6; 87:11 ;201:24;208:22; 209:4;209:7;209:24; education 13:20;55:24; Edward 178:9; effective 205:13; effects 98:13;135:8;136:5; 171:3;171:8; 190:10; 190:14; effort 76:7; eight-hour 195:24; 195:25; either 12:17;86:1 ;87:14; 97:4;98:22;109:9; 136:20; 139:19; 157:1; 157:14;200:23 ;214:6; ejection 108:5; elected 87:17; Electric 9:10;9:11;63:3;63:9; 64:20;65:13;65:18; 66:2;66:11;67:3; 75:1 ;79:4;80:1 ;85:16; 87:11 ;88:1 ;90:18; 90:19; 131:3; 132:16; 132:19; 135:8; 138:22; 142:7; 142:12; 143:5; 143:24;152:7; 155:15; 155:20;156:3;158:17; 163:24; 164:17; 165:3; 178:11; 188:1; 188:3; 201:24 ;206:5 ;207:3; Electric's 134:9; Electrical 18:12;18:13;51:17; 69:22;89:20;89:20; 89:22; electrical 8:24; 17:24; 18:2; 52:6;52:12;60:21; 63:2;73:20;74:3; 82:25 ;86; i9;91:15; 141:10; 148:17 ;163:2; 204:7;191:9;207:4; 210:10; electro-chemistry 74:19; elevated 57:16:181:25; elimination 145:3; Elmer 93:14;94:20;169:4; 189:1; elsewhere 205:6;29:21 ;30:1; 56:16;56:19;58:14; 89:10;99:15;108:18; 134:3;146:9; 149:4; 163:6;186:17; emeritus 122:5; Emery 114:2; emitted 80:25;85:10; 182:1; emitting 178:1;80:3; Emmett 93:7;94:21; 164:11; emphasized 163:1;41:17; 149:8; employed 8:2; employee's 166:15; employees 102:10;15:11;122:4; 122:5:161:10; employment 8:5;8:19; 100:12; 210:3; enclosed 93:22; enclosing 164:23; end 49:7 ;93:25; 116:9; 139:7; 150:23; 161:5; 166:10;198:11; engage 55:23; Engineer 132:15; Engineering 89:20; engineering 83:1;110:5;119:14; 127:8;178:9; Engineers 89:22; engineers 177:18; 177:21 ;86:2; 90:20;111:2;121:1; England 46:14;47:4; 170:11; English 12:20;12:23; enhancing 111:5; enough 122:6; 190:22; ensue 136:17; entailed 52:8; entirely 18:2; 134:22; 199:7; 200:13;187:7; entities 47:16;47:22;48:2; entitled 51:16;69:21 ;71:20; 103:1;124:3; Environmental 132:16;154:16; environmental 108:5 ;115:5;139:12; 196:14;197:21;112:6; 138:13; 144:20; 195:24; epoxide Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 director - epoxide WATER PCB-SD0000066107 i^cpuauiuu ui x aui ociugnuu 8/23/00 206:10;206:12;206:15; 206:17;206:19; epoxy 207:7; equipment 84:6;118:18;118:22; 189:15; especially 144:20; Espey 123:1; Essentially 112:20;186:13; essentially 115;10;34:10;34:11; 152:20;203:18;203:25; established 38:11:116:18; estimated 74:4;115:21 ;199:13; Etc 83:23; etc. 99:5; 135:20; etcetera 87:17;140:23; evacuation 79:8; evening 132:21; eventually 175:25; 181:20;37:15; 66:19;77:13; 161:14; 163:17;203:16; Every 207:3; everybody 53:7;53:10;157:15; everyone 69:2;204:19; everything 158:23;75; 14; 128:11; 129:18;206:25; Evidently 165:4:167:11; Exactly 18:6; 18:9;20:4;27:2; 67:8; exactly 29:8;80:4;27:17; 139:6; 149:25 ;210:19; Exal 138:11; Examination 7:6: examined 213:16; examples 148:24; 163:16;47:11; 73:17;202:12;202:23; 206:14; exceeded 95:7;95:17; excellent 99:21; exception 103:20;160:16; excessive 186:1; exchange 189:14; exclamation 148:23; 149:6; 149:20; 149:22; 163:14; 194:25; 201:1:203:18; exclusively 170:3; Excuse 41:1 ;59:9;76:5;101:13; 159:25;206:4; excuse 133:13;205:13; executive 107:25; 108:2; 134:17; 147:11;147:13;147:15; 147:16; 147:21; 147:25; 148:3;148:7;148:9; exhaust 39:6;57:17;181:23; Exhibit 31:11;31:13;36:11; 36:16;37:19;42:3; 42:6;43:4;43:6;43:12; 43:15 ;43:16;43:25; 44:21;44:23;48:4; 50:8;50:10;51:11; 51:14;60:16;60:20; 62:12;69:17;69:19; 70:14;70:16;71:16; 71:18;93:6;94:18; 98:4; 102:25; 104:23; 107:4; 112:14;112:21; 112:24; 119:11; 120:6; 120:22; 120:24; 122:9; 122:25; 123:4; 124:2; 126:3; 126:20; 126:21; 132:3; 132:5; 134:1; 142:24;143:1;143:19; 143:22; 144:6; 145:13; 145:14;145:21;150:15; 152:5; 164:6; 164:9; 165:20;165:22;167:21; 168:2;168:13;169:1; 169:3;172:2;172:4; 173:17;173:19;175:9; 178:5;178:8; 180:8; 180:11;182:17;184:6; 184:9; 185:13; 188:22; 188:24; 191:13;191:23; 191:24; 192:1; 193:4; 193:22; 194:6;194:8; 196:2; 198:7;210:24; 211:1; exhibits 155:24;42:4;53:14; 55:19;69:15;93:3; 99:20; 103:3; 103:8; 105:13;119:6;128:5; 156:22; 157:1; 163:9; 184:8; 184:19; 184:20; 196:9;209:17;210:22; existed 167:1; existence 198:22; existing 45:25;46:2;46:5; 140:21; 140:25; expand 53:2; expect 134:8;189:18 ;204:18; experiences 54:11 ;41:15;75:16; 86:24; Experimental 57:18; experimental 166:18; experiments 46:4; expertise 93:17; expiration 199:22; expired 74:12;74:14;205:3; 205:8;207:6;207:14; expires 212:16;214:11; explains 48:9; 17:19;44:8; exploded 77:21 ;81:18;204:8; exploding 81:24; explore 8:10; Explosibility 77:19; Explosion 80:24;191:5; explosion" 201:3; explosions 60:3;79:5;80:18; 81:15;82:22;201:21; 209:13 ;58:25 ;59:3; 59:7;59:19;59:21; 79:7;82:2;82:4;82:13; 191:7; 191:12;200:25; 201:7;201:8;201:10; 201:11 ;201:12;201:17; 201:23 ;202:6;203:15; 203:18;203:21 ;203:22; 204:1;204:3; explosive 136:19;190:25;191:6; exposed 30:20;31:7;41:18; 168:20; 191:21; 195:12; exposures 195:13; expression 41:8;41:9;209:9; extending 116:15;135:17;136:7; 136:8; extensive 76:19;77:3 ;78:17; extent 85:4;109:24;205:10; 208:3;208:17; extremely 201:25; eyes 195:12; 186:23; 186:24; -F- facetious 192:22; factors 200:17; factory 27:23;88:8; 112:4; 112:4;43:9;69:6; 84:18; 160:3; 160:7; 203:23; faded 122:4; failure 181:20; Fair 8:1; Fairleigh 132:18; fair 7:25 ;67:22; 107:4; ,,^WMA,, * ^ w, TLJ% General Electric Co. Falls 75:1;75:3;75:6; familiarizing 118:20;67:14;78:17; 78:18 ;78:19;80:14; 80:18;92:7;101:23; 160:3; 191:4; 193:15; 193:16;210:23; family 45:22;73:17; fans 39:6;181:23; far 49:4;54:5;58:9; 162:23; 162:25; fashion 194:2; fast 78:6; fatty 171:10;115:20; faults 76:19; feasibility 117:13;135:16; features 198:22; February 166:2; 167:24; 172:7; 194:11; feeling 77:21; feels 162:6; 188:16; 199:23; 203:14;204:6; few 7:19;73:15 ;85:22; 128:9; fields 19:7; 19:8;72:18; 74:18;82:17; 93:16; 110:19;110:25;125:16; 125:18; Fifteen 102:24; fifth 115:19;116:14;128:11; 129:18; 174:5; 185:21; 198:19;202:21 ;207:9; files 38:2;38:2;38:4;56:5; 38:9;38:16;38:19; 55:13;126:6; fill 154:11; filtering 111:5;111:25; finalized 62:13;44:25;51:6; 74:16; 109:13; 150:23; Findett 105:16; findings 167:1 ;197:18;138:14; 138:17;25:15;30:17; 30:23 ;30:25 ;31:5; 35:7;35:13;38:6; 41:2;46:6;52;24; 56:11 ;56:15;58:16; 61:3;61:17;61:21; 65:25;66:5;66:9; 66:16;68:10;84:6; 129:21; 156:23; 156:24; 197:16;203:14; fine 131:22; 142:6; finished 24:4;24:5;52:11; 204:5 ;204:10;90:5; fire-resistant 187:21; fired 79:1 ;210:20;211:6; 211:10; fires 60:3 ;80:18;78:10; 78:15;78:17;78:18; 78:20;79:6;79:13; 80:11;80:13;137:16; 137:18;141:11; 152:22; 153:17;162:17;177:22; 181:3; 189:15 ;203:15; First 180:18; first 7:2; 19:1 ;20:11 ;20:15; 26:14;26:17;26:25; 27:1 ;32:18;34:2; 41:14;51:21 ;51:23; 56:22;58:2;75:10; 76:6;86:14;93:21; 98:4;105:12;113:6; 115:18;124:18;131:6; 131:7; 132:12; 152:4; 169:9; 176:19; 182:24; 185:7;192:7;193:10; 196:12;201:14;213:16; Fischer's 213:11; fish 115:18; fits 202:11; five-tenths 41:11 ;22:9;22:18; 88:5; 137:5; 137:6; 155:10; 162:1 ;203:11; fixed 177:5; Flammability 77:18; flammable 201:9; flash 189:9; Florida 196:19; 197:6; 197:11; fluctuations 198:25; flue 175:14; Fluids 175:10; fluids 8:18;8:25;9:13;9:15; 53:7 ;63:2;63:11 I05:7;105:8;105:9; 110:22;113:3;113:25; 114:18;115:3;115:15; 121:3;121:17; 122:1; 122:10;138:8;154:18; 180:12;48:17;83:11; 83:12;83:16;105:15; 107:9; 107:17; 107:18; 107:21; 111:25; 112:17; 152:20; 153:23; 161:8; 187:21; folks 204:21; followed 167:11; following epoxide - following Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066108 James L. and Barbara Furch vs. General Electric Co. 59:7,59:19;76:7; 84:24;98:14;200:16; follows 7:5;194:4; forceful 152:18:153:13; foregoing 212:2:213:19;213:22; forget 209:25; Form 104:10; formal 205;23;208:19; formed 145:24; 157:24;203:15; formerly 8:2; formulations 21:19; 140:25; 107:15; 185:18;49:20;9:20; 10:1; 12:9 ;24:21; 24:23 ;25:2;25:10; 28:8;30:22;31:1; 31:8;38:25;40:8; 42:25;46:16;47:1; 47:6;56:7;60:8;62:8; 62:16;64:17;64:25; 65:9;65:23;66:4; 66:13;67:16;68:1; 68:7;68:22; 69:8; 78:21 ;80:20;81:3; 84:17;85:24;86:10; 88:15;88:21 ;89:3; 90:13;91:17;95:19; 104:5; 105:24; 106:23; 109:1; 109:4; 110:11; 110:14,122:13:125:22; 126:5;129:20;129:23; 138:2;139:13;142:9; 142:16; 146:23; 146:24; 150:20; 155:2; 155:3; 156:4;156:9;159:17; 160:11:161:1,-161:23; 165:10;167:17;170:20; 171:19;173:12;174:14; 181:11; 182:6; 182:10; 187;8; 188:2; 188:7; 188:19; 191:1 ;194:3; 195:5; 195:20;200:10; 210:12; forth 37:7 ;37:9;41:12; 88:10;101:4;103:8; 134:4;163:7;163:22; 198:16;200:15 ;205:15; 205:20;213:22; Fortunately 198:23; forward 18:21:167:14; Foundation 116:4; found 25:13;56:4;59:13; 144:20; 156:23; 156:25; 166:24; 198:4; fourth 124:21;180:25;209:22: Fowler 114:2; fracas 93:23; Fralick 121:1; framework 22:3; 27:16; 131:8; France 174:18; Francisco 81:5; Frank 137:4;161:8;179:2; free 41:21;198:24; friends 82:25; 174:17;174:18; 208:22;209:23; front 93:3; 93:8 ;94:18; 121:7; 150:17; 164:8; 164:12;166:3;172:9; 173:23;178:7;178:12; 180:10;180:15;182:19; 184:8;184:12;188:24; fuller 135:19;7:13;39:21; 41:14;204:15 ;205:1; 213:25; fumes 39:8; 166:12; 181:22; 182:1; 186:21 ;189:12; 195:10; functional 8:18; 113:3;113:25; 115:15:177:18; fundamental 201:16; funded 100:24; 101:2; funding 100:22; furans. 123:13 ;30:19;31:6; :85 10;94:1;94:8; : : ;94 12;95 18;99:13 104:15:104:20:111:20; ;112:9;119:25,120:6; 120:11 122:11 ;123:22; 125:4; 150:13;155:14; :155:21;156:1;156:7; 178:2;181 14;182:12; 93:23; ; :further 84:24 ;98:25 163 18; 214:5; -G- G-e-r-a-r-d 132:17; :Garrett 93:7;93:10;93 12; 94:12; : ;gases 80 3; 117:20 162:6; gaskets 84:7;80:25;81:3; 136:19; 137:7; 137:21; 145:24;150:11 ;157:24; 175:14;175:15;181:23; :190:2; 191:9;201 ;5; 201:9;203 15;203:23; 204:2; gathered 145:10; gave 40:20;64:15;65:22; ;Ge's 199:22 ;206:22;206:24 207:13; Ge, 157:22; General 9:10;9:1I;63:3;63:9; 64:20;65:12;65:18; 66:2;66:11;67:3; 75:1 ;79:12;80:10; 131:3;132:16; 132:19; 134:9;135:8; 138:22; 142:7; 142:11; 143:5; 143:24; 152:7;155:14; 155:20;156:3; 158:17; 163:24; 164:17; 165:3; 178:11; 188:1; 188:3; 206:5; generally 9:8;15:4;15:8;15:9; 17:14; 19:16 ;44:25; 48:15;120:15;11:8; 137:3;152:13;180:14; 192:21;192:25;193:9; 199:8; generated 81:3; 189:11; 137:8; 189:10; generic 137:17; gentleman 198:10; gentlemen 96:1;97:5;97:19; 115:1;115:11; Georgia 158:11; 184:11; Gerarde 132:17; German 3 :12:19;12:22;13:1; 1 :3; 13:9; 13 11; 103:19; Germany 59:22:174:18; gets 186:23; Gillis 77:15; given 91:8;212:5;214:2; gives 73:24; giving 184:22; glad 39:20; goes 76:20;78:10; 166:17; 195:2;200:14; good 41:19;45:21;73:24; 74:2;87:25;152:1; 197:17; Gossage 127:25;128:1; 128:2; 128:3:128:4; government 28:25;47:18;159:4; gracious 77:16; grade 13:6; graduated 10:20;10:16;10:18; 12:18;13:1;15:1; ; : ;greatest 85:5; 132:1 143 18 Grondahl 146:24; 155:2; 161:1; 211:16; Deposition ot fain Uemgnus 8/23/00 grossis 15:19; grounds 76:9; 196:21; 196:22; 197:9;197:i3; group 96:13; 105:7; 105:8; 105:9,110:22;113:18; 113:20;113:21 ;113:25; 114:3; 114:7;114:7; 114:10;114:15;114;17; I15:2;115:3;157:6; growth 72:24;86:17; guarantees 203; 14 ;200:25; guess 12:3;50:18;127:19; 136:8;143:16;198:3; 199:3; guidance 33:20; guide 207:16;208:14; -H- H-o-f-m-a-n 97:22; half-a-dozen 74:1;96:10; Hamilton 184:10; handicaps 77:20; handled 115:5;61:10;87:1 Handling 51:16;69:21; handling 52:6;60:20;61:8; 84:5;204:16;205:1; 205:22; handwriting 113:7;113:11;174:5; handwritten 129:24;34:24;69:15; 93:22;214:9; ;happened 80:4 ;82:11 167:9; 168:13; happenings 199:9;24:5; : ;happens 49:2;77;24; 197 11 Hardy 170:6; hard 86:25; harmful : ;181 1 181:5; 195:9; ;harmless 109:2; 109:7 109:10; 109:11:109:16; Harris 71:21 ;72:1 ;72:2; 72:4;72:7;73:4;76:1; 77:4;77:7;78:19; 78:25 ;80:19;84:16; 86:5;88:11;88:18; 88:19;210:20;211:6; Harris's 77:16:200:9; Harvard 166:19;166:23; Harvester 121:1; Hatfield 197:3; Haven't 56:1; haven't 24:5;43:21;156:23; 156:25;210:13;75:16; Hcl 77:22:155:10; headaches 103:15;183:21;183:24; headed 100:20;146:21; heading 46:5;48:6;72:13; 75:9;83:23;89:16; 114:22; 115:17; 124:3; 143:22;152:6; 152:15; 155:6;155:8;156:11; 157:21; 163:10; 174:8; 175:9;180:12;184:14; 200:15;200:24;202:10; 82:25 ;86:16;87:23; 96:13; 100:23; 110:19; 110:22; 115:2;168:10; Health 55:7; 166:1; 169:18; health 36:24:167:16; heard 24:9;25:16;60:9; 73:1 ;75:12;80:3; 80:4;80:9;81:11; 82:6; 82:10;82:16; 85:2;86:25;87:5; 100:25; 101:24; 101:24; : : ;102 3; 102:6; 102 11 ; ;102:14;130:5 130:7 178:3; hearings 145:2;9:9;25:17; 51:5;59:3;59:6;75:24; 79:19;80:5;80:9; 82:9;82:19;82:22; ; ;87:3 ;89:22;91:19; 102:5; 102:7 104:13 126:16; 130:9; 177:24; 200:21; heated 185:23;191:16; heater 167:10;30:20:31:7; 48:17;48:22;49:3; 49:11 ;49:12; 189:14; heavy 78:5; held 15:5:197:17; : ; ;helps 207 13 ;36:18 180:1 204:21; Herber 114:21; hereby 213:7; hereinabove 212:6; hereto 212:4; hermetically 163:2;191:8;210:5; higher 39:5;138:14; highly 119:24; 123:17; 123:23; 144:11;189:16;155:22; Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 following - highly WATER PCB-SD0000066109 jLscpuaiuuii ui x aui JLIClllgllUJ 8/23/00 160:9; 166:22; 189:15; Hilton 132:22; himself 66:20;190:7; Hinchen 114:3; hired 74:24;74:25; 100:22; 100:23; history 73:18;99:21; 100:3; 128:6; 128:11; 198:16; Hofmann 97:22; Hold 109:11; hold 74:2; 109:1; 109:10; 109:16;177:22;177:23; 196:19:204:20; holes 196:6; 197:9; 197:10; Holloran 96:2; home 202:13; hooked 49:19; Hooker 68:20;69:11 ;69:12; 159:7;159:11; 159:24; Hopefully 64:12; hot 39:5; hours 195:25; housekeeping 41:20; Howard 96:24;110:21;115:8; 128:2; Hudson 75:1 ;75:3 ;75:6; human 99:25; 115:20; 171:4; 171:8; hydraulic 107:8;107:18;107:21; 114:18; Hydrocarbons 194:25; hydrocarbons 11:17;115:22; 145:3; Hydrogen 162:4; hydrogen l1:18;11:22;14:15; 22:14;22:23;50:15; 50:17;136:19;137:6; 137:9;137:10; 137:14; 137:24; 146:1; 150:11; 181:24;181:25;182:5; 182:8;190:2; Hygiene 34:2;34:5;35:2:35:8; 37:17; hygiene 35:14;35:20;55:14; 93:15;93:18; 167:12; hyphen 152:19; -I- l-n-t-e-r-e-e 117:16; l-r-i-s 98:22; Ibm 75:2;75:7; ideal 74:21; 14:24;78:22; identification 31:12;31:14;44:22; 44:24;50:9;51:12; 51:15 ;69:18;69:20; 70:15;71:17; 103:1; 112:25;113:1;120:23; 132:4; 132:6; 142:25; 143:20; 164:7; 165:21; 165:23; 169:2; 169:4; 172:3; 172:5; 173:18; 178:6;180:9; 182:18; 184:7; 188:23; 191:25; 194:7:196:3; identified 32:14 ;43:16; 66:20; identifying 123:23; Illinois 7:16; 10:20; 10:22; 11:9; 13:2; 13:3;28:23; 213:1;213:5;213:13; 214:15; imagined 76:19; immediately 181:18;184:20; impact 122:18;206:8; impelling 152:18;153:13; impending 136:10;136:11; 136:14; importance 29:2; 140:21; important 149:7; impregnated 141:19; impregnation 84:21; impressed 152:7; impression 28:12; improvements 72:20;84:25; impurities 98:11; impurity 99:1; Incident 181:19; incidently 97:8; incidents 79:24;80:5;80:14; 80:17;85:17;168:19; 82:3 ;82:10;82:11; 95:8; 167:8;167:19; 168:22; 168:24;201:23; incinerated 122:12:181:15; Incineration 155:9; _ incineration 105:3;105:15;105:20; 106:1;106:14;107:3; 109:23 ;117:13;118:2; 120:1; 120:4; 123:7; 123:14;155:21;175:11; 175:13;175:18;175:24; incinerators 178:1; 109:19; 110:6; 175:14;175:22;176:10; 176:20; 176:23; 178:1; included 99:23;154:20;157:12; 185:2; includes 32:6;42:17;113:8; 118:13; 187:16;9:1; 15:8;20:24 ;53:11; 108:15;108:19;135:18; 169:15; including 8:18;8:18;53:15; 66:24; 113:7; 157:5; 208:22; increase 78:6; incriminated 145:4; Indeed 131:5; independently 36:18;98:23; 171:15; 145:7; 183:25; 184:1; Indiana 165:25;167:9;167:9; 167:13;168:24; indicated 98:14; indicates 57:18;140:7;203:5; individual 161:7; Industrial 34:2;34:5;35:2;35:8; 37:17;93:18; 169:18; industrial 35:14;35:20;55:14; 57:14;93:15;153:5; 167:12:189:18; industries 45:22; 153:1; Industry 51:17;69:22; industry's 63:2;34:18;34:19; 46:7 ;60:21 ;75:11; 89:17;106:3;112:16; 136:19;174:13;208:22; 210:11; Inerteen 118:4;118:11; 138:25; 160:21;192:11;193:11; 193:15;194:1;194:19; influenced 98:24;112:3; information 33:16;33:20;33:20; 33:23;34:4;36:10; 37:22;37:25;38:5; 38:7;38:9;39:10; 53:7;53:9;53:20; 54:2;54:5;54:9;55:12; 57:24;58:1:58:8; 61:8;61:14;61:25; 81:12;91:6;99:8; 112:15;156:2;166:13; 169:24; 170:19; 170:22; 173:1;178:10;184:23; 193:21; informative 38:13; amto t--j anu xjmudi tx r ui ui ra. General Electric Co. informed 178:18; informing 171:1;33:21 ;53:4; 91:10;91:12;91:13; 124:13;124:15; ingestion 41:21; ingredients 65:12; inhalation 167:3; 169:16; 170:16; inhaled 171:9; Initially 17:23; initially 137:4;198:11; initiated 28:24;109:12; injure 171:11; injury 81:1; Inn 132:22; inorganic 16:20; 16:20; 17:2; 19:24;20:3;25:23; 25:24;25:25;26:12; 26:19;26:21;27:5; 34:15;34; 16;35:22; 35:25;38:8;44:14; 45:14;45:15;54:7; 57:8; 131:10; 183:8; 183:10:189:25; inquiries 167:16; inquiry 33:4;33:7;34:24; 167:22; 168:17; 183:5; 183:15;183:16;183:18; 183:24; insecticides 47:10;47:17;47:23; 48:2; 145:4; 159:14; 185:18; inside 27:22; insistence 29:1; insofar 76:8; inspection 208:14; installations 18:13;175:15; instances 189:13; instead 152:23; Institute 89:22;164:25 ;201:24; institute 140:24;165:2; instructed 110;6;110:7; instructions 39:21; instrument 39:20;40:2; Insulating 190:21; insulating 190:10; 190:15;190:16; 190:18;190:23; Insulation . 207:20; insulations 8:24;18:12;18:14; Insurance 182:21; intake 39:6; Intereen 117:15; interested 53:10;53:12;61:10; 91:8; 187:1 ;214:7; 16:24;21:21;93:23; 185:16;205:14; interior 208:11; internal 91:13; International 121:1; international 209:24; interpreting 76:25;136:15; interrogatories 7:5; intolerance 103:20;50:25;72:4; 89:5; 107:7; 107:15; 111 :24; 119:24; 131:10; 140:6;145:2;184:18; 190:24;204:18;213:21; introduced 198:21; introduction" 63:1; introductory 73:13; invented 161:13; investigate 81:20; investigation 98:10; investment 73:25; invited 16:20; involved 9:6;12:7;12:14;17:24; 23:25;24:11;43:2; 44:11 ;92:13;92:20; 97:12; 111:11 ;120:16; 195:18; 14:1; 163:2; involving 12:15;163:16; Ira 197:3; Irish 98:21; irritating 181:2;189:17; isolated 98:11; issue 197:21; Italy 174:20; Item 134:6;135:7;135:16; 136:9;136:16;144:10; 144:19;145:1;145:23; 148:19;150:1;155:7; 158:10; 160:13; 163:10; 175:10;175:16; 199:21; highly - Item Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 1 ! I k WATER PCB-SD0000066110 James L. and Barbara Furch vs. General Electric Co. 200:2; items 135:18;200:15 ;200:18; "JT " Jack 93:6;93:10;93:12; January 113:3; 132:9; 132:22; 132:24; 133:1; 143:16; 143:17;143:23;144:18; 150:25; 192:2; 193:4; Jenkins 32:19;33:5;33:5; 33:10;131:7; Jim 82:17; 125:14; 125:14; 125:15; 127:14; 12.9:25; 130:1; 130:4;130:7; jobs 15:4;90:19;8:9;10:12; 19:19;32:23;33:6; 33:8;33:11 ;34:8; 34:10;34:11 ;42:9; 42:12;45:7;52:3; 52:25 ;53:1;53:4; 184:3; Joe 101:23; 101:24; 169:13; 170:15; John 71:21 ;72:2;77:15; 117:18;118:2;210:20; Johnson 110:16; 111:9; Join 49:13; join 16:20; Journal 34:1 ;34:5 ;35:2;35:7; 37:16; journals 34:9;90:3;90:9;89:21; 207:20;208:6; judgment 146:1;187:21; July 119:12; 120:15; 122:25; 123:6; 124:3; 124:4; 180:13:198:9; June 94:20;126:23; TZ -XV- K-e-r-n-a-g-h-a 179:15; K-e-t-t-e-r-i-n-g 99:24; K-n-i-g-h 45:2; K-o-u-n-t-z 110:2; K-r-u-m-m-r-i-c 28:22;97:9; K-u-h 110:2; keeping 41:20;124:22; keeps 72:23:165:16; Keller 114:3;114:5; 114:8; 116:8;116:9:129:25; 130:25; Kellogg 192:2;192:17; Kelly 26:8 ;26:10;35:17; 36:6;36:23;39:15; 42:13 ;42:17;42:21; 42:23;43:2;43:4; 43:9;43:11;54:12; 54:19;55:19;58:23; 59:12;61:16;62:14; 93:7 ;94:11 ;94:21; 100:23; 100:23; 102:18; 103:25; 164:11;165:24; 166:5; 167:6; 167:14; 167:19;168:10;168:14; 168:16; 171:24; 172:6; 182:20;183:2;184:21; 192:12;193:12; Kelly's 38:20;38:22; 169:11; kept 157:4; 165:7; 165:9; 165:12; 185:24; Kernaghan 179:15; Kettering 99:24; 100:7; 100:9; 100:12; 100:25; 101:3; 101:15;101:21; 103:2; 169:14; Kevin 7:20; kidney 171:11; kilter 160:8; kind 78:23; 84:12; 101:2; 107:17; 153:8;195:16; knew 9:7;26:3;26:10;34:23; 42:21;61:8;61:12; 61:13;61:18, 61:22; 67:17;74:25;75:6; 97:6;97:8;97:10; 97:13; 106:2; 130:23; 144:17; 171:20; 171:20; 210:18; Knight 45:2 ;51:6;51:8; knowing 61:10; knowledgabie 64:10; knowledge 47:21 ;58:7 ;68:2; 68:5;68:11;68:14; 69:7;70:13;70:24; 73:9;75:7;82:12; 97:15;136:9;136:13; 138:7; 140:12; 140:18; 144:15;145:8;150:14; 155:18; 161:4; 164:1; 172:20; 172:22; 182:14; 182:14; known 33:21 ;45:21; 104:9; 140:8; knows 195:15; Kountz 109:25;110:2; Krummrich 28:22;29:4;97:9; 97:13;128:17; 129:11; 129:15;176:3;176:13; 177:6;192:18; Kuhn 109:25; 110:2; -1T^- L-a-u-d-a-n 184:11; L-e-a 48:18; L-i-n-a 74:20; L-o-g-u 25:20;32:6; L-o-u-i 165:24; Lab 179:16; labeled 164:9;192:16; labeling 192:10;194:10;194:11; labels 192:4;193;14;193:17; 193:20;192:17;192:18; 192:19;193:5;194:15; Laboratories 100:10:100:12; laboratories 137:20;162:18; Laboratory 74:21 ;75:5; 103:2; laboratory 15:12;15:16;20:16; 20:22;44:3;65:6; 72:4;72:11; 118:17; 8:15; Labs 169:14; land-fills 150:2; language 73:5;194:15;194:19; largely 63:3; larger 157:15; largest 164:17;164:22;77:22; 86:20; 151:24; 152:25; 157:19;187:15;203:1; 203:6;209:7; last 41:13 ;63:1 ;70:3; 73:18;74:16;76:6; 76:16;87:21;99:20; 103:11;103:11;115:19; 139:18; 140:19; 140:20; 152:5; 152:15; 162:20; 166:22;191:13;193:10; 199:6;201:13; Later 82:21;82:21;179:3; later 44:16;75:2;82:20; 101:20; 147:10;88:1; 132:21; latter 89:21;139:7; Laudani 184:11; lawful 7:2; lawsuits 78:16; lawyers 163:24;30:16; laxitive Deposition oi raui cemgnus 8/23/00 14:21; laxness 203:17:203:24; leader 105:7; 10:13;48:17; 48:17:48:17; leaflets 208:18; leak 189:15; learned 54:8;54:10; least 200:16; leave 181:4;186:22; led 210:3; legal 146:2;148:20;148:24; 157:25; 162:8; 162:24; 163:11; legislation 136:10;136:12;136:14; lend 39:20; length 19:5; less 87:10;145:25;162:3; 188:9; letterhead 94:19; 126:22; 178:11; Letters 48:1; letters 47:22;48:1 ;48:1; 77:22; 107:8; 122:22; 123:10; 158:19; 158:20; 181:8; 181:13 ;32:2; 32:19;33:2;33:4; 33:24;34:12;36:11; 36:16;37:7;37:19; 37:23 ;38:23 ;39:2; 41:13 ;42:6;43:7; 43:24;50:6;93:6; 119:11;120:8;120:25; 122:15; 122:25; 123:5; 123:12;132:7;133:19; 135.'14; 140:20; 155:25; 165:23; 166:2; 169:4; 169:10;169:23;170:25; 172:5; 178:8; 178:13; 178:14;179:5;179:13; 180:11; 182:20; 182:24; 182:25; 183:17;183:18; 183:19;183:25; 184:2; 184:10;184:21;185:2; 185:10; 185:14; 192:2; 194:9; levels 115:21;116:3; 196:1; Liability 182:21; liability 146:3; 148:22; 162:9; 162:21; 163:13; 163:19; licensees 188:4; Light 88:4; lights 153:3; 188:17; likely 199:9; limb 207:12; Limited 170:7; limits 37:10;38:10; 107:20; lines 125:7;135:14; 139:16; 152:12;162:14;41:10; 55:1 ;73:23; 125:9; 184:24;202:23;208:19; liquid 57:21 ;71:20; 135:24; 201:9;211:2; listed 106:2; listened 74:7;188:20; listening 79:18;79:19; listing 114:13;154:20; lists 76:20;80:15;80:19; 32:4;76:19;77:3; 106:4;154:16; literature 55:21 ;60:2;60:11; 171:13:171:14; little 24:16;208:16;208:18; Liver 98:13; liver 166:13; 171:10; Livonia 79:13;80:11 ;80:11; 80:13; local 85:12; located 96:4; Location 152:16; locations 29:1 ;91:14;154:17; 154:20;208:11 ;29:3; 87:17; 130:18; 187:22; logical 199:7; Logue 25:20;25:24;32:6; 32:9;32:11 ;33:11; 33:13 ;34:14;44:13; 45:12; Long 193:2; longer 67:12; 159:16; 159:20; 188:18;193:21;204:20; 205:18 ;206:9;207:12; 31:18;73:17;96:9; 116:11 ;121:16;139:4; 193:2; Look 36:18;112:21; 188:21; 203:11; looked 186:10; looking 19:3;74:1;93:5; 109:24; 130:11;203:12;211:14; 29:25;39:2;39:18; 41:13;44:25;51:20; 53:14;55:1 ;57:12; 60:2;60:10;62:25; 72; 12;72:17;73:13; Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Item - looking WATER PCB-SD0000066111 8/23/00 74:15 ;75:8;77:18; 79:3;83:22;86:12; 87:21;89:15;90:16; 92:2;103:10;105:12; 113:6;116:14;117:11; 119:8;119:9;120:20; 126:20;131:25;132:1; 133:18;140:19;142:22; 144:3:144:9:150:15; 150:16;152:4;153:21; 156:11; 162:1; 163:9; 174:4;176:7;182:16; 185:13;185:20;189:8; 197:22:207:9; loose 191:10; lose 154:9; losing 72:21;74:2; loss 74:5:154:24; lost 74:10;77:17;204:11; 205:14; lot 33:25;87:1; loud 19:11:23:14; Louis 15:12;16:6;28:23; 55:4;56:23;80:1; 85:13;88:2;96:5; 111:7;111:16;118:20; 124:5; 127:12; 127:12; 127:13;133:8;134:16; 135:3:143:5:143:24; 151:23;157:7;165:24; 176:5:214:10; low-temperature 160:16; lower 138:15;138:19;144:21; 162:4; lowest 13:6;73:24;166:25; 181:15:201:25; lunch 93-1' Lynn 100:17; 100:20; 171:23; -M- M-a 116:6; M-a-l-l-o-r 123-6; M-a-t-h-e 189:2; M-a-y-e 192-3*M-e-t-c-a-l 7-16jVi-e-t-r-i 116-7M -i-e-u 130*7* M-i-e-u-r 130-6M-o-n-t-a-r 172:9; M-u-l-h-a-l 178-18; (V|.o. 95:22; machines 107:19; Magazine 207:20; magazines 89:17;89:19;208:19; Main 96:8:213:12; mainly 153:2; Maintenance 88:4; maintenance 207:15;208:14;36:5; 48:20;96:25;97:1; majority 39:7;10:25;84:2; 86:19; makers 200:3:207:11; makes 137:7; making 27:6;48:20;84:16; 128:19; 129:3; 129:4; Mallory 123:6; man's . 83:3 ;83:14; Manager 119:14; managerial 134:7;8:22;97:10; 110:22; 121:3;121:8; 121:17; 121:24; 122:10; 180:12; manuals 91:22;91:23; manufactured 28:14;28:18;63:17; 101:6;141:23;142:3; 159:21; 159:22; 159:24; 159:25;187:6;187:13; 188:10;188:18; manufacturers 74:1;86:18;174:12; 46:10;73:16;75:15; 109:8; 159:14; 174:21; manufactures 170; 11 ;28:24;41:15; 65:7;97:12; 102:20; 108:22; 117:1; 149:10; 200:3; Manufacturing 123:1; manufacturing 10:5; 15:17; 15:21; 27:18;29:1 ;29:3; 29:6;29:11 ;67:14; 141:15;141:16;142:11; many 22:7;75:12;86:16; 103:14;149:11;153:5; 204:22;205:19;74:17; 74:19; 100:16; 118:19; 154:16;157:13;167:11; March 117:19;184:9;185:16; margin 117:23; Mark 69:16; marked 31:11 ;42:4;44:21; 50:8;50:10;51:11; 69:17 ;70:15;71:16; 71:18;93:4; 94:18; 104:23;112:24;120:22; 122:25; 124:2; 132:3; 142:24; 143:19; 164:6; 165:20; 167:21; 169:1; 172:2;173:17;178:5; 178:8; 180:8; 182:17; 184:6;184:9;188:22; 191:24; 194:6; 194:8; 196:2;210:22; Market 71:21;121:3; marketed 14:23; marketing 8:15;8:17 ;44:11; 44:15;61:6;72:19; 73:6; 120:16; 121:16; 122:10;134:8;135:9; 208:1; markets 199:1 ;8:22;46:22; 121:6;121:7;121:23; 140:16;141:18;180:12; 187:7; 187:18 ;187:20; 187:20; 187:25; 199:9; marking 88:14;50:6;93:3; 134:9;136:10; marriage 137:7; Mass 158:11; mass 116:5;116:6;116:IO; Master 11:12; master's 11:13;51:4;13:21; match 137:25; Materials 160:24; materials 13:24;21:7;21:7; 41:11 ;72:20;98:15; 117:15; 119:24; 123:17; 172:16; 178:9; 184:23; 190:10;190:15;190:17; 190:19; 190:21; 190:23; 208:8;29:2;34:18; 41:21 ;93:23; 107:14; 172:19; 187:1 ;190:20; Mather 189:1; 189:23; matters 104:1 ;115:5;119:5; 34:3;81:20;95:13; 95:14; 123:21; 169:24; 179:23; 190:4; maximum 57:18;169:13; May 69:22;93:8,-99:23; 100:4; 120:25; 164:11; 164:24:173:22; Maybe 176:17;177:10;180:2; maybe 16:22:188:12; Mayer 192:3; 192:17; may 10:4;51:2;111:24; 123:17;128:23;134:8; 136:17; 144:9; 159:18; 172:14;172:15;211:13; Mcdonough 7:7;7:8;7:11;7:13; 7:21;8:10;12:11; 12:13; 14:18;20:14; 23:3;23:5;23:7;28:2; 28:5;28:10;28:13; 30:4 ;30:11 ;30:17; 31:20;31:24;32:2; 64:7;64:9;66:18; 202:10;202:12;204:11; 204:13 ;210:23 ;211:1; 211:11;211:13; Mcl 169:11; 170:7; 170:8; 170:10; Meaning 66:13; meaning 17:25 ;21:1;125:17; 137:18;140:3; means 22:9;96:25;117:13; 118:10;122:5; 127:13; 136:15;137:11; 137:20; 140:5;153:12;160:22; 166:24;191:7; meant 153:11;191:11;8:13; 12:10;14:17;17:1; 24:3;27:24;27:25; 29:8;33:8;52:13; 52:15;58:11;71:2; 77:1; 108:12; 128:22; 137:13;150:6;160:20; 179:6; 195:7; 195:18; 201:3;204:17;204:25; 205:21; measured 40:7;40:10;40:12; 40:14;64:14; measurements 116:2;41:3;39:22; 40:19;41:4;104:14; medical 26:1 ;26:3 ;26:6;33:17; 33:19;33:23;35:9; 35:15;35:19;38:19; 42:15 ;42:18;54:16; 55:3;55:14;55:20; 55:21 ;55:23;56:8; 58:2;58:9;60:1 ;60:11; 61:17; 102; 16; 167:11; 167:20;171:13; 171:14; medicinal 13:23; 13:24; medium 189:14; Meeting 143:24; meetings 58:22;86:4; 106:13; 86:24; 131:6; 131:7; 133:7; 133:9; 143:5; 143:7; 144:2; 144:16; 144:24;145:15;145:18; 146:6; 146:18; 147:5; 148:11; 149:18;151:7; 15i:17;151:22; 155:14; 156:2; 156:14; 156:15; 157:17; 163:25; 173:20; 173:25;131:3;147:10; 148:7; members 147:21; membrane 195:12; General Electric Co. memory 58:17;99:22; 149:21; 164:10;172:5;194:9; Mention 83:4; mentioned 74:13;79:10;89:19; 174:18; 183:9;200:12; 206:1 ;212:6; mentioning 98:23; mentions 179:5;41:19;89: 8; Merely 37:8; merely 37:13;145:12; 171:1; message 135:2;79:6; metal 48:18;48:19; Metcalf 7:16; meter 38:10;40:21;41:9; 57:20; methods 39:5;57:16; 118:22; 128:8; 129:13;39:23; 128:12; metric 116:7 ;64:24;65:7; 147:24;148:2; Mid 131:23; middle 166:10;18:19;18:19; 18:20;19:5;65:3; 74:13; 121:18; 122:2; 131:9;205:3; Mieure 129:25; 130:4; 130:7; 130:15;130:23;130:24; might 26:8;36:15;53:11; 86:23;87:22;112:3; 128:23; 166:12; 189:10; 190:24;191:15;191:16; 191:20:191:20; milligrams 38:10;41:5;41:8; 57:20;98:9; millions 41:16;40:15 ;40:21; 40:24 ;40:25;41:5; 72:22;72:23 ;73:18; 73:19;74:4; 153:24; 154:18;154:19;154:25; 155:1; mind 30:15 ;47:19; 184:4; 185:24:213:15; Mineral 201:10; mineral 149:12;187:16; 187:17; 187:23 ;200:3;201:9; 202:18;202:24;203:4; 203:7 ;210:3; minimize 203:18 ;203:20;203:25; minimum 119:21 ;211:15;211:16; 211:18; minor 108:20; looking - minor Gore Perry Gateway & Lipa St. Louis, MO (314} 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066112 James L. and Barbara Furch vs General Electric Co. minute 66:8; 109:14; misconceptions 86:16; misheard 36:15; misinterpret 201:6; missed 89:4; Missouri 124:5;214:10; misspelling 118:8; mister 133:16; mists 195:1; mixed 65:11;67:5;87:2; 87:7; Mixtures 51:17;69:22; mixtures 60:21 ;61:9;48:19; 84:19; 161:22;65:17; 158:12;205:8; modest 121:20; 122:8; modifications 116:19; moisture 112:5; molecules 14:12;14:14;22:12; 98:21; molten 48:17;48:19; moment 48:3; 142:5; 146:7; 146:14; 184:19 ; money 205:5; monitoring 117:8; 129:18; 116:16; 116:23; Monsanto 7:10;8:2;8:3;9:18; 9:25;10:7;12:7;12:8; 12:14;13:7;15:2; 16:21 ;20:13;20:14; 20:15;22:25;23:2; 23:21 ;24:12;25;1; 25:21 ;26:23 ;27:3; 27:8;27:13 ;28:16; 28:19;28:23;30:18; 35:9;35:14;40:4; 41:24;42:12;43:17; 43:23 ;44:18;46:10; 46:19;46:25;47:4; 47:7;52:21;56:17; 59:1 ;59:7;59:17; 60:12;60:14;63:14; 63:17;64:5;64:13; 64:16;64:19;64:21; 65:8;65:11;65:21; 65:25; 66:3;66:10; 66:12;67:1;67:15; 67:19;67:23 ;68:13; 68:15;68:19;68:25; 69:5;69:6;69:9;69:10; 69:11;70:2;70:7; 70:21 ;74:10;74:17; 82:17;83:6;83:8; 83:9;83:20;85:8; 85:12;87:9;89:1; 90:2;90:7;90:23; 91:22;91:24;92:17; 92:20;92:23; 93:13; 94:7;94:19;95:13; 99:16;100:12;100:17; 101:2;101:6;102:10; 103:13;103:19;104:14; 104:19;105:20;107:13; 107:20; 108:2; 108:7; 108:21; 109:1; 109:19; 110:4;110:9; 110:13; 113:18;116:1;116:5; 116:11;116:25;118:13; 120:14;121:17; 122:1; 122:10; 122:22; 124:3; 126:14; 126:22; 129:3; 129:17; 131:2;132:14; 135:9;135:17;137:23; 138:3; 138:21; 139:1; 140:16; 140:24;141:6; 141:15;141:16;141:21; 142:8; 142:11; 143:9; 144:11; 146:13; 146:16; 146:22; 147:1; 147:2; 148:12;148:12;151:18; 151:21; 154:9;155:19; 164:2;165:12;165:13; 165:15; 167:23; 168:7; 170:7; 170:9; 170:10; 170:15; 172:21; 174:11; 175:10; 175:25; 176:9; 176:23; 177:13; 179:7; 188:1; 188:5; 196:12; 196:17;297:22;203:6; 204:15 ;205:4;205:13; 205:15 ;205:22;207:25; 210:21; Monsanto's 21:5 ;21:6;64:14; 126:9; 134:6; 134:20; 134:21; 135:22; 140:3; 147:15; 148:20; 154:24; 163:11;165:8;207:17; Montar 194:11; Montars 172:9; 172:12; 172:13; 172:17; 172:23;173:8; monthly 113:2;115:14; months 88:8; More 16:13; Moreover 202:22; moreover 203:3; 14:8; 16:24; 24:17 ;26:22;37:13; 37:19;37:21 ;62:24; 71:4;82:12;83:18; 85:20;86:8;86:20; 87:10;88:6;93:25; 141:6; 167:3; 176:22; 189: IV; 193:21 ;195:25; 204:22;208:1;209:4; morning 52:9;52:10;210:17; 210:22; most 12:1; 12:4;28:5;39:23; 85:5;85:6,-98:18, 132:25; 152:18;153:3; 153:12;200:18; Motors 79:13;80:10; motors 153:4; mouth 62:2; moved 16:24;17:1; 127:16; 131:10;17:23; 195:16; much 77:23;78:14;78:15; 79:6; 110:13; 132:13; 154:9; 171:9; 186:25; 195:14;199:13; mucous 195:11; Mulhall 178:18; multi-page 51:15; Munch 114:16; Murphy 132:15;154:15; muscles 103:15; Must 152:1; must 57:16;76:18;77:3; 96:25;185:7; Mutual 182:21; myself 24:14;33:12;35:1; 151:17; mystery 207:21; -N- N-a-s-o 95:22; . named 137:17; names 20:23;95:21 ;95:24; 113:13;114:2;114:4; 114:7; 114:9; 114:11 ; 114:13;114:14; 114:15; 114:24;7:14;7:20; 9:5;9:15;16:8;19:1; 19:2; 19:18;21:5; 25:18;36:3;36:3; 45:3;83:3;83:5;83:14; 101:23;101:25;102:3; 102:5;102:6;102:7; 102:11; 102:14; 104:8; 113:24; 118:11; 124:5; 125:9; 143:10; 144:3; 150:23; 150:25; 174:5; 175:2; naphthylene 166:21; Nason 95:22;96:2;96:4; 96:9;96:16;96:22; nature 135:25; nausea 183:20;183:24; ' Naval 74:20;75:5; nearly 18:18;89:19; 145:25; 154:19;161:4; necessarily 31:24; necessary Deposition of Paul Benignus 8/23/00 116:19;193:6; necessity 91:15; necrosis 98:13; needs 207:11; 124:22; 124:24; 128:9; 135:15;152:2I; 181:21 ;204:7;207:17; 208:11; Neither 89:5; network 210:1; New 81:10;82:18;82:23; 82:24;83:1;83:19; 152:25; 188:17 ;209:7; 213:9; Newcomb 19:18; 19:23 ;20:1; 20:9; Newcomb's 19:19; Newcombe 173:13; Newman 169:5; 170:6; Newport 169:5; 170:7; newspapers 208:20; 18:20;18:24; 19:4;19:13;36:2; 36:21; 41:2;45:25; 75:12;86:17;92:9; 92:14;92:21; 107:7; 175:15;179:16;179:17; 179:18; 179:21 ;180:3; 180:5;198:21; Next 201:13; next 51:22;73:23 ;84:18; 87:21 ;98:17;99:20; 102:22; 102:23; 107:6; 115:17;118:16;152:14; 154:14; 155:8; 162:1; 179:12; 190:8; 190:11; 199:5; 199:6;200:2; 204:13; nice 137:7; Nitro 59:1 ;59:19;62:20; 95:1;95:9;95:13; 95:23 ;95:24; 102:19; nitrogen 210:4; Nobody 68:8; nodding) 19:10;23:13; 195:22; non-electrical 135:10; non-reclaimable 117:14; noncombustible 137:9; nondielectric 18:5; 19:7; nonelectrical 17:24:34:21 ;34:21; 45:19;46:7; 108:3; 134:19; 141:7;141:9; 146:20; 148:16; nonflammability 76:13;152:19; normal 197:5; 145:24; 149:13; 214:7; Nos 51:11; nose 204:18; notarial 214:9; Notary 212:20;213:4;214:14; notes 144:2;145:14;145:18; 151:15;211:14 ;32:4; 117:23; 129:24; 130:14; 149:5:154:6; 154:7; 156:6; 169:11; 175:2; .202:6; Nothing 149:4; nothing 7:3;22:17;72:22; 88:19:213:18; Notice 213:8; notification 205:24; Notwithstanding 73:23; November 95:6; nuclei 94:2; nucleus 94:1; 137:1; 140:6; Number 157:21; numbers 41:10;41:14;98:9; 112:19; 113:8;45:22; 48:5;83:25;86:19; 103:10;187:15;188:12; 201:25; numeral 148:19; 149:9; 150:1; Nyc 210:7;210:9; o O-e-t-t-l 97:20; oaths 213:6; Object 155:2;155:3;165:10; 187:8; objected 24:23; objecting 66:19; Objection 9:20; 10:1; 12:9;24:21: 25:2;25:10;28:8; 30:22;31:1;31:8; 38:25;40:8;42:25; 46:16;47:1;47:6; 56:7;60:8;61:23; 62:8;62:16;64:17; 64:25:65:9; 65:23; 66:4;66:13;67:16; 68:1;68:7;68:22; 69:8;78:21 ;80:20; 84:17;85:24;86:10; 88:15;88:21;89:3; 90:13:91:17;95:19; Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 minute - Objection WATER PCB-SD0000066113 8/23/00 104:5; 104:10; 105:24; 106:23; 109:4; 110:11; 110:14; 122:13; 126:5; 129:20; 129:23; 138:2; 138:6;139:13;142:9; 142:16; 146:23; 146:24; 150:20; 156:4;156:9; 159:17; 160:11; 161:23; 167:17; 170:20; 171:5; 171:19;173:12;174:14; 181:11;182:6;182:13; 188:2;188:7;188:19; 191:1:194:3:195:5; 195:20;200:I0;204:9; 210:12; objections 213:24:170:23; objective 76:9;207:10;69:2; 82:15;125:22;161:1; 200:22; obscenity 153:19; observed. 144:21;41:19; obtained 117:5:166:13; obviously 195:9; occasional 84:3; occupied 8:8; occurred 202:14; occurs 48:24;84:3;119:20; October 16:19;170:1;170:4; odor 84:3; Oettel 97:20;98:17; Oettle 98:25; Oettle's 98:25; Off 112:22:199:19; off-grade 105:15:105:17; off-the-record 196:5; Offhand 71:11; office 36:5;51:22;88:22; 88:23:88:25:96:8; 96:25 ;97:1; 125:13; 127:11:127:15:208:10; 11:4;24:3;44:20; 84:22;86:17;87:23; 94:9;112:23;186:22; 196:4;199:20; often 195:13; oil 19:21;79:11;79:14; 84:6;88:2;149:12; 154:11:187:16; 187:17; 187:23; 189:18;200:3; 201:10:201:10:202:18; 202:24 ;203:4 ;203:7; 210:3; Oklahoma 117:19; old 136:18:137:11; Olson 110:20;113:14;113:20; 115:12;! 19:15; Once 76:17; once 27:14;103:17; one-tenth 40:21 ;40:24;41:8; one-to-one 136:18;137:6;137:11; 137:24;145:25;162:3; 162:5; ones 84:2;86:17; Only 116:18:168:22; only 22:5 ;28:3 ;46:10; 60:9;68:24;69:4; 73:16;76:12; 119:20; 122:23; 144:10; 151:4; 163:2;163:17;167:2; opened 204:22;27:20;27:23; 29:7;29:8;29:22; 57:16; 149:13 ;202:24; 207:20;210:4; operations 178:10:39:21; opinion 180:19;200:7;200:9; opposed 27:23;138:4;138:14; optimum 203:17;203:20;203:25; oral 7:5; oranges 187:24; ordered 85:22;48:21; 109:6; 150:18; ordinary 57:13;165:7; Organic 11:14:11:21; organic 11:7;11:15;11:16; 11:19; 12:1;12:7; 12:13;14:1;14:3; 14:6;15:12;16:14; 16:17;16:23;17:2; 19:25:20:5:20:16; 23:19;23:19;23:24; 35:21;52:7;60:25; 61:6;72:3;72:5;100:19; 105:8; 114:20; 131:11; 171:22;173:15;183:7; 183:12:211:1; organs 171:10; Originally 179:1; originally 131:1:179:2:205:11; 35:10;56:20;162:7; originated 33:4;58:8;56:18; Others 84:6; others. 114:22;106:11;117:2; 143:10;144:12;145:11; 189:3; otherwise 7:24; ought 51:4; outbreaks 59:18;60:2;59:6; outcome 86:23; outline 140:21;183:9; outside 29:7:29:9:167:15; outstanding 152:22; Over 89:14; over-all 199:1; overcome 86:16; oversized 157:8;27:12;54:8; 54:10;55:20;69:16; 73:19;79:11;86:5; 99:19; 102:25 ;122:24; 126:2; 144:9; 166:14; 169:10;180:12;184:14; 188:25; 199:10;204:15; 204:20;205:1 ;205:21; owed 198:22; owned 26:15; 170:8; 170:10; 20:16; 67:8; 67:10; 67:11;68:3;68:9; 118:18;186:8;186:17; 202:23;209:3; oxidation 93:24; 120:12; 123:17; oxide 98:5 ;98:19;98:24; 206:20; oxidize 119:24; oxygen-bridged 94:2;22:14;22:23; 98:20;124:24; _"1p_" P-115 185:22;186:12;186:18; 186:19; P-a-l 97:24; P-a-p-a-g-e-o-r-g 114:24; P-h-o-s-g-e-n 189:10; P-h-o-t 116:7; P-l-a-s-t-i-c-i-z-e 141:25; P-o-l 142:1; P-r-o-d-e-l-e 173:22; P-r-o-p-e-n 206:20; P-u-r-l 175:12; P-y-d-r-a-u 107:8; P-y-r-o-l-y-s-i 175:13; packings 88:8; 184:23; Page 72:14; pages 31:18;48:4;93:22; 208:21;213:22;39:2; 41:13;51:21;51:21; 51:22;51:23;71:14; 71:14;72:12;73:15; 74:15 ;75:8;77:19; 79:3;83:22;86:12; 87:21 ;89:14;92:2; 92:9;98:4;98:17; 99:19; 102:22; 103:10; 103:12;105:12;113:6; 115:17;118:16;123:13; 144:3; 152:4; 152:5; 152:14;152:14;153:21; 153:21; 155:6; 155:8; 156:11;156:17;156:18; 160:13;163:9;166:10; 175:8; 184:16; 185:20; 185:21; 186:12; 198:10; 198:12; 199:21 ;200:19; 200:23;201:14;202:6; 202:20;203:11 ;204:13; 204:14;207:9;209:20; paid 100:24 ;207:1;207:4; painters 191:20; paints 191:14;191:20; Palm 97:24; Palmer 182:21;183:15; panic 78:14;78:15; Papageorge 51:5; 114:23; 115:3; 117:24;119:12;122:16; 122:21; 122:25; 123:5; 123:20;156:1;181:14; Papageorge's 120:11; paper 157:9; 169:16; 169:16; 207:19; paragraphs 39:18;90:17 ;124:18; 203:11 ;32:18;37:9; 39:3;39:4;41:14; 58:2;63:1;72:17; 74:16;76:6;76:16; 87:22;88:10;89:16; 90:16;93:21 ;94:5; 99:20; 103:11; 107:6; 115:18;116:14; 117:11; 119:18; 123:13; 124:21; 140:19;152:15;153:17; 153:21 ;153:22; 162:1; 162:20; 164:16; 166:11; 169:9;179:12;179:13; 180:25; 181:18; 182:24; 183:19;185:21; 189:8; 190:8; 192:7 ;193:10; 193:22; 193:24; 194:2; 198:19; 199:5; 199:6; 201:13;202:9;202:21; 207:9;207:23 ;209:22; paraphrase 210:19; paren 55:8;55:9;98:12; 98:12;103:17;103:17; General Electric Co. 115:22;115:23; 119:25; 120:1;132:15;132:17; 132:18; 132:20; 132:24; 132:25; 133:1; 158:11; 160:14; 160:15; 181:22; 181:23 ;202:24;202:25; 207:20;207:21 ;210:4; 210:5; Parker 178:9:178:13; partially 119:23;120:12;123:16; participated 42:23;43:9;109:22; 188:5; participates 42:17 ;42:18; 109:18; participatory 203:9; particularly 191:16; 10:25;27:18; 34:2;38:23;40:7; 53:21;54:2;54:18; 55:16;55:18;60:16; 86:5 ;88:10;92:7 93:16;95:4; 103:8; 105:2;113:18;114:15; 126:22; 156:7; 156:22; 166:23; 168:2; 169:25; 179:5; 185:20; 186:9; 191:13;193:4;194:14; 194:18; 197:1; 197:22; 198:5 ;200:14;208:5; 209:16; parties ' 214:6;214:7; parts 40:14;41:5; 144:12; party 163:17;40:21;40:24; 41:8;43:10;56:22; 72:21 ;75:21;91:12; 139:10; 139:18; 157:1; 191:13; passed 38:12;38:14;61:19; passing 33:19;34:22;29:20; 33:16;53:7;53:9; 58:19; patented 9:12;9:19;9:25; 161:7; 205:12; patenting 205:9; Patents 74:13; patents 10:5;10:6;10:9;63:4; 73:25;74:10;74:12; 199:22;205:2;205:7; 206:13;207:13;27:4; 205:7;205:17;206:6; 206:22;206:24;207:7; pathologist 197:4; Paton 127:23; 127:24; 128:4; 128:6; Patrick 114:23;115:6; Paul 7:1;7:10;7:15;25:20; 25:20;32:6;32:9; 34:14;45:12;131:16; 148:15; 174:5 ;212:1; Objection - Paul Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 l 1 8 I ! WATER PCB-SD0000066114 James L. and Barbara Furch vs. General Electric Co. 212:10; Pcb 28:7;53:6;63:18; 118:19;128:7;143:22; 158:24; 162:23; 163:19; 182:11;205:7; Pcbs 9:12;9:19;9:25;28:14; 28:18;34:22;45:20; 46:25;47:5;47:7; 47:10;47:16;52:7; 52:12;105:8;105:9; 108:6;115:21; 117:20; 119:1; 119:20; 119:24; 134:19;134:22;144:12; 144:21; 145:1; 145:4; 158:24; 161:8; Ppf*|/ 7:8;7:10;55:5;56:14; 56:23;56:25;57:9; 66:19; pending 183:13;183:14;213:8; Penta 128:12; 128:22; Pentachlorid 22:8; pentachlorid 22:9; pentachlorophenol 21:9;21:17;21:22; 23:1 ;23:9;23:15; 99:4; pentachlorophenyl 196:18; 128:18; 128:21; 128:24; People 45:21;85:25;204:1; people 8:15;8:16;32:5;32:24; 33:21 ;46:3;54:11; 60:5;61:9;79:8;80:8; 82:8;87:15;87:16; 91:10;99:17; 106:2; 106:4; 106:5; 108:5; 110:19; 114:20; 121:21; 124:6; 12.4:15; 140:21; 146:2;146:13;146:16; 146:22;147:1;147:10; 147:24; 148:2;148:12; 149:18; 151:7;151:18; 151:21; 157:14; 157:25; 162:8; 165:2; 169:6; 170:5; 175:5;175:5; 204:6;206:8; perceived 145:19; percentages 187:6;187:12;21:2; 87; 15; 140:4; 140:7; 153:25:153:25; 160:14; 160:17; 160:21; 161:16; 161:22; 161:25; 166:25; 167:2;179:10;179:22; 188:10;188:13;199:10; 199:18; perfectly 44:5; performed 15:5; Perhaps 87:25;143:21; perhaps i 17:2; 128:9; 196:16; periods 15:9;13:10;17:12; 17:17; 17:20; 18:3; 21:8;21:11;25:3; 28:15 ;39:8;39:24; 41:22 ;55:9;57:17; 57:21 ;57:22;58:21; 63:4;65:2;65:3;65:22; 66:2 ;66:11 ;66:24; 67:24;68:3;68:14; 68:17;68:23 ;72:24; 73:20;74:5;75:16; 76:19;77:24;78:7; 79:9;82:20;84:7; 84:25;88:9;90:21; 92:22;99:5; 101:17; 101:20; 104:19; 105:17; 106:1;111:10;113:19; 115:23;116:19;117:2; 117:6;117:6;117:20; 118:22; 119:21; 119:25; 119:25; 120:1; 120:2; 120:15; 121:4;124:25; 128:14;129:14; 132:23; 134:20; 135:10;148:25; 149:13; 153:6; 154:1; 154:22;155:11; 158:1; 160:18; 162:4; 162:15; 163:4; 163:20;! 64:18; 167:3;168:21; 169:19; 178:22; 179:19; 181:6; 182:1; 186:3; 187:13; 188:11;188:16;189:19; 190:11 ;192:12;200:4; 201:17 ;203:1 ;207:22 ; permissible 37:10;38:10; persistence 84:4; personally 24:14;43:14;64:8; 144:15; personnel 131:3; 132:24; 139:16; 181:2;181:4;8:13; 8:16;32:14;88:13; 106:I0;115:4;151:14; pertained 191:19; pertains 137:15;192:15;38:10; 40:15;40:21 ;40:21; 40:24;41:5;41:8; 57:20; 144:12; 179:5; Pgb 198:12; Ph.d. 133:14; Phenol 22:14; phenols 99:2;22:15;93:24; phenoxy 206:20; Philadelphia 78:11:169:18; phonetic) 15:19;135:14;166;14; phosgene 189:10:189:11; phosphates 34:17; phosphorous 34:17; photo 116:6; phrase 123:12; 195:7; 197:2; physically 52:18;11:2;184:22; 185:5; physician 166:15; pick 83:6;202:12; picture 137:1; pilot 175:13; 175:22; 175:24; 176:15;176:17;176:19; 176:21;177:8; 177:13; 178:1; pin 24:16; Pittsfield 158:11:179:16; placed 53:21;126:21;164:8; 178:7; 184:8; places 30:5;50:24;89:17; 137:2;28:1 ;67:15; 86:2;114:11;140:17; 151:22;179:18; plaintiff's 31:11 ;44:21 ;50:8; 69:17;71:16; 112:24; 120:22;132:3; 142:24; 164:6;165:20;169:1; 172:2;173:17;178:5; 180:8;182:17; 184:6; 188:22;191:24;194:6; 196:2; plaintiffs's 51:11 ;7:22;143:19; Plans 117:12; plans 109:18; 178:19; Plant 28:22;192:3;202:14; 202:18; plants 28:19;28:21 ;60:3; 129:2; 129:4; 129:9; 154:21 ;15:16;15:17; 15:20; 16:1; 16:5; 16:6;27:3;27:8;27:10; 27:11 ;27:12;27:19; 28:3;28:6;28:15; 29:17;29:21;29:22; 44:2;59:1;59:4;59:22; 67:21;97:9;97:14; 118:17;121:1; 127:10: 128:8;128:13;128:16; 128:17;129:12; 129:13; 129:15;175:13;175:22; 175:24;176:3;176:15; 176:17;176:17;176:19; 176:21; 177:8; 177:9; 177:13;178;1;192:18; 194:23;202:7; plasticizer 141:24;142:2; play 63:13; Plaza 81:5; Please 9:23,-30:1,-65:24; pleased 32:20; 154:15 ;7:14; 7:23;31:4;47:2;51:21; 69:16;83:22;84:14; Deposition of Paul Benignus 8/23/00 93:4;94:17; 102:22; 103:5;104:22;112:22; 119:8; 120:21; 124:1; 129:25;132:2;139:25; 142:23;150:16; 165:19; 168:25; 172:1; 173:16; 178:4; 180:7; 182:16; 184:5; 184:20;185:14; 188:21;202:9; points 76:18;77:2; 162:21; 15:25:18:7:20:8; 24:24;26:7;28:13; 28:18 ;30; 12;33:18; 34:20;41:17 ;51:4; 55:16;55:18;58:19; 64:1 ;91:8;97:16; 101:22; 107:20; 108:21; 111:8; 115:5; 125:15; 137:25 ;138:5;148:23; 149:6; 149:19; 149:20; 149:22; 154:10;157:2; 158:25; 159:4;159:15; 163:15;170:2;176:9; 176:23; 177:12; 179:23; 185:5; 194:25; 196:7; 196:9; 197:5;201:1; 203:19; policy 88:5; Pollution 132:16;143:23; pollution 162:23;162:24; polychlorinated 9:4;24:11 ;40:13; 63:17; polyvinyl 141:25; 141:25; poorest 203:16; 150:3; 150:6; porous 111:4;112:1; portion 11:5;17:4; positions 17:11; 17:14 ;8:7; 17:18; 19:14;25:21; 88:14; 105:14; 110:4; 134:20; 134:21; 148:11; 148:12;161:2; possibility 86:14;166:12;201:16; possible 36:24; 119:23; 120; 12; 135:8;163:3; 180:19; 200:24; possibly 84:22; posts 196:18; 196:20; 196:22; potential 44:17;98:24;162:9; 208:9;210:6;98:18; Potomac 79:14;87:23; pot 48:16;48:25; pounds 41:16;72:23;73:18; 74:5; 154:18 ;205:19; 72:22; 110:15; 136:3; 206:25;207:3; Power 79:14;180:15; Power's 87:23; power 88:8;150:9;150:10; 153:1; 153:3; 199:10; 199:14 ;201:12;210:10; ppm 115:21;116:3; Ppo 206:21; practical 41:15; practice 30:16; 112:1; 174:11; Precautionary 192:18; precautionary 192:4; 192:10; 193:5; 193:14; 193:17; 193:20; 194:15; precedents 162:10; 146:2; 162:21; precipitously 141:6; 140:24; 141:5; 148:15; Predominantly 150:11; predominantly 190:2; preference 86:2;87:14;200:3; premise 137:3; premium 187:22; preparation 13:22; prepared 21:19;38:16;51:6; 51:24;52:25;57:25; 104:24; 112:20; 145:13; 145:16; 145:18; 164:14; 164:15; 165:6; 185:4; 185:7;185:9;186:8; 198:14;60:20; 180:23; 208:8; preparing 52:4:103:23; presence 94:8; 104:15; 145:9; presentations 157:9;143:4; presented 57:14;162:15;169:17; presents 162:9;86:16;86:17; 106:13,106:15; 107:7; 134:7; 143:7; 150:1; 151:19; preservative 21:18; presidents 147:18; 147:18 ;77:16: 100:17; pressures 95:17 ;78:1 ;78:6; 81:3;85:6;95:8; 190:19; pretty 197:17;205:17; prevalent 198:25; prevented 202:15; previously 43:16;56:1 ;94:18; 119:19; 142:8 ;204:23; price Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 Paul - price WATER PCB-SD0000066115 JL/C|iu&iuua ui x aui DCiugmu 8/23/00 73:24; primarily 34:17:181:24; Primary 191:6;191:7; primary 190:25; 191:12;200:25; 201:3 ;201:7 ;201:10; 201:11 ;201:17 ;201:21; 203:18;203:20;203:22; 204:1 ;204:3; prime 73:17; printed 149:3; printers 179:14; prior 42:4;55:16;55:18; 82:16;106:14;107:3; 111:17;116:12;120:6; 133:3;173:3;206:24; private 90:19;209:3; privilege 86:3; ' probably 67:5;67:6;85:18; 98:20;99:2; 143:17; 169:17;189:17; Problem 143:23; problems 36:24;57:15;59:18; 60:6;72:19;73:6; 84:20;104:9;124:23; 180:19; 103:13; 162:25; 163:19;201:14;201:16; 201:21; Procedures 152:6; procedure 55:4; proceeded ' 145:15; proceeds 76:11;128:14; processes 124:18; 132:8; 160:8; 15:17; 15:22; 15:23; 15:25 ;27:18;28:7; 29:6;29:11;48:22; 67:15;95:7;95:16; 98:11;104:14;111:11; 111:19; 111:23; 118:18; 160:4;178:10; Prodelec 173:21; 174:23; produced 27:19;56:5;95:17; 120:12;122:11;150:17; 150:21,151:3:151:4; 155:21; 160:9; 181:15: 182:4;191:9; producing 95:5; 160:4; Product 184:15; Production 192:9; production 99:1; 147:3; products 73:15;74:3;115:2; 115:3; 125:4; 128:7; 160:9; 169:11; 176:24; 18 9:16;192:11;193:12; 193:25;64:14;64:24; 75:13;75:24;124:24; 138:9;141:21;159:23; 205:9; professional 89:21; profitable 73:18; programs 13:1; 13:20;55:24; 55:24; 105:21; 109:22; 135:22:135:25; projected 132:14; projects 47:9;90:25;91:5; 86:7; prolonged 186:22;195:1; 195:4; 195:8;195:17; promoters 124:25;90:12;90:24; 91:4; promoting 52:15; promotions 89:15; propene 206:20; Proper 51:16;69:21; properly 61:10:133:25; properties 53:5;91:6;91:11; 184:22;185:5; Property 9:8; property 9:10;53:5;138:9; 138:9;60:20;61:8; proportion 189:12; proposed 195:7 ;195:19; proposing 145:2;. propounded 7:5;213:24;214:2; Pros 75:9; _ protective 73:25;21:20; proudly 45:23; provided 64:21;91:3;91:6; 104:13;155:19;173:10; 203:16;208:8;208:13; 210:10; 105:14; 112:19; 172:25; 179:17; Provisions 117:19; Public 55:7;212:20;213:4; 214:14; publications 162:25;90:8;91:14; published 169:19:210:21 ;211:6; publishing 207:19; pumped 48:18; purchased 69:10;88:7;139:1; 142:8;68:15;68:19; purchasing 53:12; purified 172:15; Purle 175:11;175:19; purporting 172:8; purports 31:14;42:5 ;43:16; 44:25 ;51:15;69:20; 70:16;71:19;93:6; 94:19;104:23;113:2; 114:1;119:11; 120:24; 123:5; 126:24; 132:6; 164:10; 165:23; 167:22; 169:4; 172:5; 173:20; 178:8; 180:11; 182:20; 184:9; 184:21; 188:25; 192:1; 194:9; 198:8; purposes 37:6; 112:8; 173:6; 173:10;60:22;60:23; 71:1; 124:11; 124:15; 133:9; 133:20; 133:21; 167:6;207:21; pursuant 213:7; pursued 34:15;34:16;45:21; 45:23;45:25;46:5; 47:9;47:20; 167:19; 34:21 ;45:19;52:11; 57:10; pursuing 46:2; pushed 199:23; Put 20:10; putting 58:11; 107:7; 196:18; 208:18;20:1;40:20; 54:2;54:24;54:25; 56:10;57:8;58:7; 66:10;67:17;67:18; 67:20;78:25; 104:7; 104:12;107:15;107:16; 114:18; 121:7;153:11; 180:10; 186:16; 187:23; 192:1; 196:20; 196:21; 196:21; 197:13 ;204:7; 208:5;210:16; Pydraul 107:8; 107:17; 107:18; pydraul 107:21; Pyranol 9:6;9:8;9:16;10:10; 63:14;63;18;63:19; 63:20:64:15;64:21; 65:7;65:12;65:18; 66:1 ;66:10;67:2; 67:15;67:24;69:5; 135:19; 154:17; 158:12; 158:16;159:6;159:15; 178:15;178:22;179:18; 192:11; 193:11; 193:14; 193:18; 194:1; 194:19; 199:24;205:6;207:13; Pyranols 135:19; pyrolysis 175:12;175:21; vwuvo unu JLUJI UU1 X UA va to* General Electric Co. -Q- qualified 29:24;30:6;213:6; qualifies 137:18;160:24; qualify 161:3;161:5; quality 53:6; 111:5; 150:3; 150:6; quantification 41:6; quantities 77:22; quantity 40:6;40:17;40:19; 41:3; Queeny 16:9;202:14;202:18; quickly 156:17; Quinn 114:19; quinone 14:20; quite 13:16;24:17 ;74:5; 78:2; quota 90:14; Quote 76:12; quote 32:18;39:4;39:8; 39:19;39:25;41:14; 41:22 ;55:2;55:9; 57:13 ;57:22;63:1; 63:5;72:18;72:24; 73:15 ;73:20;73:23; 74:6;74:16;75:10; 75:17;76:7;76:10; 76:14;76:17;76:20; 77:19;78:7;79:4; 79:16;83:25;84:7; 84:25;86:13;87:22; 88:9;89:16;90:19; 90:21 ;93:21 ;98:10; 98:15;98;17;99:5; 99:20;99:25;103:12; 105:18; 107:6; 115:19; 115:24; 116:15; 116:20; 117:12;117:20;118:16; 118:22;119:19; 120:2; 123:14; 124:21; 124:25; 128:15; 129:13;129:14; 132:12;133:1;134:6; 134:10;135:7; 135:10; 135:16; 135:20; 136:9; 136:11;136:17; 136:22; 139:18; 139:20; 140:20; 144:10; 144;13;145:1; 145:5; 146:4; 148:19; 148:25;149:9; 149:14; 150:3; 152:6; 152:9; 152:17;153:6;153:22; 154:1; 154:14; 154:22; 155:8;155:11;157:22; 158:1 ;158:10; 160:13; 160:18; 162:2; 162:20; 163:4;163:11; 163:20; 164:16;164:18;166:11; 166:15; 166:17; 167:4; 169:9; 169:19; 175:10; 175:15;178:17; 178:22; 179:13;179:19;180:18; 180:21; 180:25; 181:6; 181:19; 182:2; 183:2.1; 185:21;186:3;189:9; 189:19; 190:8; 190:12; 192:7; 192:12; 193:12; 194:24; 195:7; 198:20; 199:1; 199:6; 199:22; 200:2;200:5;201:14; 201:17;202:22;203:1; 203:12;203:19;204:23; 207:10;207;22; -R- R-i-n 11:16; R-u-a-b-o 189:2; Raab 132:7; 133:4; 133:5 ; 133;12;133;13;133:14; 133:23 ;134:12;134:24; 141:12; 148:14;152:18; 153:9; 162:21 ;163:13; 163:15; Raab's 165:3; rabbits 98:13 ;98:14; rai cuW 84:20;206:2;206:7; range 57:20;144:13; Ranking 77:20; ran 10:6; 10:9;71:3; rare 181:20;201:23; rate 72:23; rather 76:18;77:3;200:4; ratio 136:18;137:12;145:25; 162:3; 162:4; reached 89:18;98:22; reaction 48:24; reading 46:8;88:3; 127:1; 127:1; 169:10; 180:24; 211:19; 11:5; 12:19; 13:1;13:8;13:11; 13:13;13:14;13:17; 17:4;31:19;31:22; 32:1 ;34:8;37:4;42:7; 42:10;42:10;42:12; 42:19;53:22;56:5; 73:3 ;90:17; 126:7; 127:2; 130:2; 130:14; 133:21;181:19;182:2; 212:2; Really 8:20;19:23;36:5; really 19:25 ;34:10;97;3; 101:9;111:8;113:25; 177:4;72:18;76:19; rearranged 49:16; rearrangement 49; 12;49:14; reasoning 98:25; reasons price - reasons Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-25 71 621-8883 WATER PCB-SD0000066116 James L. and Barbara Furch vs General Electric Co. 209:9;26:11;26:21; 76:12;79:16;S7:25; 94:6; 156:6; 157:24; 161:20; 181:10;203:14; rebuttal 88:17; recall 20:23;39:1 ;39:10; 39:14;48:3;71:24; 86:4;86:7; 120:4; 120:8; 120:18; 120:19; 123:10; 124:9; 127:6; 133:3;135:4;135:13; 139:15;142:3;146:9; 149:2;149:17; 149:23; 151:13;153:15;154:2; 154:4;155:19; 162:13; 163:6; 163:21; 166:5; 167:18;183:5; 183:14; 183:25;184:1;185:4; 209:15; received 11:11; 15; 1 ;45:6; 62:18; 155:25; 170:24; 179:14; 181:13;206:6; 45:3; 106:24; 107:13; 115:4; 126:3;174:2; 181:8; receiving 45:4;107:3;109:21; 116:9;154:17;183:15; recently 82:3; 82:12;203:1; 132:13; recess 93:1;112:13;164:5; 210:14; rechecking 145:5; reclaimed 107:14;107:7; reclamation 176:24; recognizable 195:10; recognized 74:18;201:15; recollections 102:17;107:1;152:11; 30:9;30:10;42:19; 43:3;43:11;45:4; 56:6;95:11 ;102:13; 103:7; 106:17; 106:20; 133:22; 138:21; 138:24; 138:25; 143:14; 152:2; 158:15;168:12;170:14; 178:24; 186:14; 187:5; 196:16;196:24; recommendation 74:17;130:1;193:1; 194:24; recommended 55:4;91:24; 192:12; 193:12; recorded 151:10; recorder 151:9; records 165:7; 11:4; 11:5; 17:4;44:20;69:2; 71:13;84:13;94:9; 112:22; 112:23; 195:15; 196:4;197:25;199:19; 199:20:210:16; Refer 8:9; Reference 140:1; referenced 37:8;42:8;55:17; 208:6; references 182:25 ;11:21;34:7; 37:13;37:19;94:24; 98:3; referencing 43:14; 104:8; 140:13; referred 32:10;42:9;104:1; 129:12; 167:12;183:2; Referring 119:18; referring 11:24;38:4;38:16; 40:2;57:4;76:1;84:2; 112:2; 128:24;130:13; 136:6; 136:16; 136:23; 139:23; 141:2; 141:8; 147:14;203:20;208:15; rpfprc 80:6;100:9;137:10; 177:8;185:16;18:11; 73:5;118:10; 128:17; 175:3;190:14; reflects 124:24;71:14; 178:20; refractory 177:23; refreshes 103:7;42:19;43:3; 43:10;95:11;168:12; 170:14; regarding 169:11; regards 162:22; 149:3;154:5; region 209:3; Regular 211:14;211:16; regular 157:10;211:18; reimburse 205:17; reiterated 162:24; related 214:7; Relations 86:13; relationship 86:15;86:22;88:22; relatively 187:19; 198:24; 163:19; 183:9; 190:9; released 77:22; 191:20; 119:22; rely 153:1; remarks 213:24; remember 25:5;30:2;30:3;43:13; 53:24 ;53:25;111:15; 146:8; 151:8; 158:23; 210:19; removed 111:25; 161:25;39:7; 87:23;181:21.; removing 161:20; repeated 186:12;186:17; rephrase 7:24; reptaceability 152:19; replaced 149:12; Replacement 141:10; replacement. 148:17;141:9;141:11; 153:18;141:14; 142:7; 142:14; replacing 79:13;79:15;202:24; 203:4;203:6; reply 7:4; 148;20;163:11; 163:15; 168:2; 169:11; reportedly 78:16;19:14;19:18; 19:24; 19;25;23:1; 79:10;86:24;89:12; 96:2;96:12;96:16; 96:17;100:16;127:25; 128:3; 128:4; 167:19; 175:10;213:20; reporter 11 ;6;17:5;150:18; reporting 20:8;45:12;79:25; 171:23; Reports 55:7; reports 51:6;55:21;99:24; 18:20; 18:24; 19:22; 43:17;43:24;45:1; 45:5;45:6;54:4;54:24; 86:5 ;87:11 ;88:17; 96:9; 173:20;210:21; 210:23 ;211:2;211:6; representative 143:9; representing 7:9;7:11;66:20;66:21; 66:22; represents 153:24; 154:1 ;7:22; 42:16;91:21; 156:25; Reprint 55:7; reprint? 71:2; reprinted 71:4; reprints 70:24;56:25;70:5; requested 11:5; 17:4; 154:14; 179:15; required 79:8; 109:1; 109:16; 155:11; requirements 12:17;162:18;162:18; 12:25 ;136:18;137:22; 109:5; 155:9; 184:3; Research 74:20;75:5;i 16:4; 124:5; 128:10; 164:25; research 16:12;16:13;33:6; 33:11 ;45:2;46:4; 60:1 ;60:7 ;96:3 ;96:14; Deposition of Bain Benignus 8/23/00 96:15;99:25;105:7; 114:5;114:6;114:7; 114:8; 114:16;l 14:17; 114:19;115:6; 130:25; 131:1; resell 107:15; residues 98:12;172:13;172:16; resinates 172:16; resistance 137:19;208:25; resistant 141:11;153:18; respects 213:25; 18:21 ;34:9; 37:10;44:12;45:8; 47:17;63:10;99:12; 100:13;112:16;119:1; 119:6; 125:13; 131:4; 156:7; 170:15;171:2; 171:7;178:15;193:14; 193:18; 194; 19; 196:8; 197:14;197:18;198:4; 198:17;206:3;209:13; 210:17; response 135:5; 148:24; 195:16; responsibilities 34:8; responsibility 33:10;54:16;192:9; 204:16;205:1; responsible 13:20;36:13 ;54:15; 77:6;99:2; restate 31:3; Restaurant 213:11; restricted 159:4; restrictions 145:2; restrictive 136:10; 136:11; 136:14; resulting 120:5;189:13; results 197:24;49:11 ;78:11; 119:22; 123:15; 181:21; retained 74:23;74:25;132:19; retired 8:8;15:6;17:8;65:4; 122:2; retirement 122:7; returned 109:19; 109:23; 110:9; returns 190:11;73:24; reviewed 99:21 ;120:2;38:22; 171:15; 198:8; 198:16; revise 178:19;179:16; Richard 104:24; 105:5; 105:6; 105:23; 112:15; 114:16; 124:4; 124:13; 126:25; Right 32:8;119:17; 124:8; 128:16;I58:14;185:12; 185:12;202:10;206:23; 210:2; right-hand 32:5;174:4; Rightly ' 75:13; right 10:14;11:10;15:10; 22:9;31:5;33:15; 51:20;57:2;73:13; 79:23:81:21:85:15; 92:11; 101:11; 105:12 ; 118:4; 125:16; 129:1; 130:9; 152:4; 165:5; 175:8; 176:4;176:24; 177:12;180:6; 188:13; 196:23; 198:13; 198:14; 202:13 ;202:22 ;203:3; 206:23; rings 22:7 ;49:7 ;49:10; 49:18;49:18; 11:16; 11:20; 11:23; 11:25; 12:2;12:15;12:15; 14:6;14:8;14:9;14:10; 14; 12;21:1 ;21:1; 22:5;22:20;49:5; 49:17 ;49:18;50:25; rise 40:20; river 176:4; Robert 194:9; role 63:13;63:16;105:25; Roman 148:19:149:9; 150:1; Rome 157:23:158:11; roof 29:12;29:13;29:14; 29:14 ;29:23 ;29:23; 30:1;30:6; rooms 38:14;39:5;57:19; 39:22; 151:24; 151:25; 152:1; 152:2; 181:22; 195:24; 195:25; roughly 205:3; routine 128:13; royalties 199:23 ;206:6;207:13; royalty 207:1;207:4; Ruabon 46:18; 189:2; 189:24; rules 41:20; ruling 88:5; running 206:24;153:6; rupture 78:6;80:3;181:20; Russell 33:5; -s- S-c-h-a-e-d-l-e 180:14; S-c-h-w-a-r-t 55:5; S-i-d 194:10; Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 reasons - S-i-d WATER PCB-SD0000066117 tpUMlIUII l/l Ji illll 1/^-111^11113 8/23/00 fj t4iAVv7 J UJLJLU JLJrtAM. iyu& U M. *`1 vI y Jt General Electric Co. S-o-d-e 95:23; S-o-e-n-k-s-e 98:1; S-p-e-c-t-r 116:6; S-p-o-y-l-a 165:25; S-w-a 26:14; Sabetta 8:9;9:20; 10:1; 10:4; 12:9;14:17; 15:22; 19:11 ;20:13 ;23:2; 23:4;23:14;24:7; 24:21;25:2;25:4; 25:10;27:24;28:8; 29:18;30:2;30:5; 30:8;30:13;30:22; 31:1 ;31:8;31:18; 31:21;31:22;35:11; 38:25;40:8;42:25; 46:16;47:1;47:6; 50:11;53:24;56:7; 60:8;61:23;62:8; 62:16;64:5;64:17; 64:25;65:9;65:23; 66:4;66:13 ;66:17; 66:21 ;67:16;68:1 68:7;68:22;69:1; 69:8;71:13;73:10; 73:12;76:25;78:21; 80:20;82:15;84:17; 85:24;86:10;88:15; 88:21;89:3;90:5; 90:13 ;91:17 ;95:19; 102:24;104:5;104:10; 105:24; 106:23; 109:4; 110:11;110:14;121:12; 122:13; 125:22; 126:5; 126:18; 129:20; 129:23; 131:12;131:15;131:18; 131:20; 138:2; 138:6; 13 9:13; 142:9; 142:16; 146:23; 150:20; 155:3; 156:4;156:9;159:17; 160:11; 161:23;165:10; 167:17; 170:20; 170:23; 171:5;171:19; 173:12; 174:14; 181:11; 182:6; 182:13;183:13;187:8; 187:10:188:2; 188:7; 188:19; 190:3; 191:1; 194:3; 195:5; 195:20; 195:22;200:10;202:9; 204:9;210:12;210:15; 210:24;211:4;211:12; 211:18; safety 152:21; 180:14; 181:3; 198:22:39:24 ;57:19; 195:24:196:1; Sales; 184:15; salesman 82:17;8:15;16:17; 44:14:45:8;45:9; 45:15;45:16;52:16; 72:22:74:4:86:9; 108:25; 110:19; 120:16; 41:16:90:12;90:24; 91:4:107:20:206:13; Same 170:23; same 10:11:19:4:21:12; S-o-d-e - sorry 40:23 ;48:12;70:5; 70:16;70:25;71:4; 71:10;71:12;78:23; 98:13:98:22:113:21; 125:9;127:21;155:8; 157:24;168:23;176:17; 186:20;187:1;187:17; 206:11; samples 20:21;115:19;115:20; 116:2;115:20; 117:20; Samuel 55:5; San 81:5; satisfaction 177:17;177:20;177:25; satisfactory 84:7; satisfied 152:8;61:21;62:14; Savage 126:25;127:7;127:8; 127:13;127:14;127:21; 128:5;128:16;129:16; 130:1; Savannah 184:11; sawdust 135:20;51:7;93:20; 122:23;124:14;143:12; 143:13:175:3; say-so 138:8; saying 23:15:41:7:52:11; 65:17;67:7;73:2; 91:22;105:10;130:17; 138:3;145:13;151:7; 153:8;159:23;173:14; 182:8;203:23;204:5; scan 31:19:103:5; scattered 154:21; scavenger 205:10;205:16;206:1; 206:5; Schaedler 180:13; schools 91:14:208:10; Schwartz 55:4;56:23;56:25; 57:9; scientific 30:9;60:11; scientists 138:13; scope 152:8; scrap 106:6;135:17:135:23; 136:3; 136:4; screen 128:9; scrubbing 155:10; sealed 149:13;163:3;191:8; 210:5:214:9; Second 16:6;36:2;97:1; secondary 103:16;201:8;201:11; 39:3 ;39:3 ;39:3;55:1; 90:18;117:11;119:18; 119:18; 123:14; 144:3; 153:21;153:22;153:22; 155:10;164:16;166:11; 183:19;184:24;189:8; 193:22;193:24;194:1; 201:9; secretary 150:18; section 16:21;47:18;53:18; 53:21;53:22;54:18; 84:24;132:8; seeing 47:23;64:23;71:24; 106:17;120:8;123:10; 189:25; seeking 163:18;180:19; seeks 149:10; 149:16; 149:21; seems 57:1;105:14;168:22; 203:5; selected 179:2; selection 85:25; selling 86:8;83:7;83:8;83:9; 83:18;85:12;90:15; 91:1;91:2;108:7; 109:6:146:18; sending 167:7:167:14; sense 26:4;47:20; sentences 202:21;39:3;75:10; 76:6;79:4;84:18; 90:18;98:9;103:11; 115:19;119:19;123:14; 132:12;140:20;152:5; 153:22; 154:14; 180:18; 193:10;200:16;99:22; 106:10; 119:15; 122:21; 124:6;126:24;166:5; 172:8;172:25;189:2; September 17:9;188:25;214:10; series 7:22:95:21:113:8; 114:2:114:15; Service 86:13;92:3;92:4; service 154:21 ;205:16;205:20; setting 37:7;118:18;200:14; 37;9;88:10;102:23; 103:8;134:4;160:1; 162:10;162:14;162:22; 163:7;163:21;193:21; 193:24;198:16;209:16; 213:22; Seventy-two 127:16; seven 72:21;114:14;182:16; 209:20; Several 207:18; several 15:18;20:22;21:19; 40:22;55:20;79:5; 79:10;86:22;89:17; 122:21;169:15;176:20; 177:16; severe 201:12; shaken 210:7; sheets 157:9; shipments 154:17;205:15;205:19; shops 154:21 ;205:16;205:20; shorthand 213:20;77:25;78:1; 195:13; shoulder 144:9; Shouldn't 50:18; showing 31:13;43:15;44:23; 50:12;50:16;51:14; 69:19;70:6;70:14; 71:18,102:25:113:1; 120:24; 132:5; 143:22; 165:22;167:21;169:3; 172:4; shown 165:6:213:19; shows 143:9;144:3;183:10; 42:3;99:1; shutdown 109:13; 146:20; 152:25; sic) 78:3;149:9; side 22:19;27:6;75:14; 174:4; Sido 194:9; signature 121:2;184:14;189:1; 198:10;212:4;214:3; signed 164:15; significance 206:3; significantly 162:4; signing 211:19;104:11;109:7; silicone 142:18; similar 95:8;98:19;144:6; 174:12;200:9; simple 144:4; simply 186:11; situations 77:24;190:24;190:25; 81:23;162:23;182:4; 36:22;55:19;61:16; 62:5;156:17;207:12; six. 22:19;49:5; 137:5; 200:15; size 152:1;157:13;157:15; sketch 50:12; skills 13:8; skins i Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 41:21; . skip 179:12:199:5; sky 29:23; slash 125:10; slight 116:19; slow 78:2; smaller 177:9;207:11;151:25; 157:19:187:19:188:12; 188:14;188:15;189:12; 199:4; smoke 189:12; so-and-so 205:19; soaked 135:19; soap 186:23; Society 160:23; Soden 95:22;97:5;97:6; 97:9; Soenksen 98:1; sojourn 155:10; sold 73:19;83:20;205:6; 207:1:207:3; solely 198:22; 148.'22; 150:2; 163:13;188:8; solving 201:14; Somebody 61:5;61:6;71:3;180:4; somebody 29:21;30:1;58:14; 68:5;80:16;130:19; 180:2; Somehow 49:7; Someone 56:19; someone 9:21;56:16;83:20; Something 151:10; something 19:6;48:5;102:15; 104:11;144:15;145:7; 145:8:200:12; Sometime 24:14;27:16; sometime 16:16;24:14;111:I7; somewhat 18:1;98:19;166:18; 183:20;204:4; Somewhere 38:12; somewhere 55:13;65:14;141:18; sophisticated 144:11; sorry 9:9;24:3;50:12;51:1; 73:1 ;78:5;78:15; 91:19;93:4;101:12; WATER PCB-SD0000066118 James L. and Barbara Furch vs. General Electric Co. 108:1;126:1;181:24; 204:9; sorts 51:6; 157:9;36:21; 116:2;157:il;177:9; 194:18; sotreroom 180:20; sought 124:14;163:16 ;200:18; sound 109:15;213:15; sources 54:10;54:12;54:14; 162:25; South 16:6;36:2;46:18; 97:1; 139:8; 189:24; speak 13:1; Special 184:15; specialist 110:24;125:16; specialized 187:22; specialty 187:18;! 87:18; 187:20; 187:25;188:6;198:21; 198:24; 199:4;15:15; specifically 14:19;16:13;18:1; 18:7;39:17;52:6; 63:12;65:4;83:13; 115:4;142:17;167:18; 209:15; specifications 64:15;64:20;64:24; 65:7;178:14;158:16; 178:19; 13:24;33:1; 80:10;85:17;101:9; 200:16; specified 137:19; 137:21; 160:23; specify 187:10; specimen 115:20; spectrophoto 116:10; 116:6; spelled 7:15; Spelling 130:6; spelling 118:6;118:8; spending 18:2;78:24;55:20; 195:25; spent 15:15;118:20; spit 180:2; spokesman 148:22; 12:20; 12:20; 12:22; 12:23 ;72:3; 143:5; 196:6;208:16; Spoylar 165:24; 167:23;168:17; Sprague 207:3; stable 87:19; stack 117:20; stages 139:7; stance 134:7; standard 55:3 ;84:6; 112:1; standpoint 9:7;70:10;81:7; 167:20; stands 96:6; Stark 114:17; started 15:6;15:10;15:13; 36:19; 104:19; 111:17; 131:7;131:8;137:4; 170:3;196:12; starting 103:12;113:14;114:13; 115:12; starts 39:19;90:18;12:1; 15:1;20:8;20:11; 34:1 ;50:4; 126:2; 131:6;196:9; State 25:6;47:2; 165:25; 167:13;213:1 ;213:5; 213:9;213:12;214:15; stated 40:22;103:12;163:18; statements 76:4;79:17;79:20; 94:4;169:15;67:22; 68:11;69:4;73:21; 74:8;75:19;85:3; 90:6;107:4;120:11; 183:20;204:3;210:9; States 46:12;47:4; states 103:12; 169:10;203:12; 7:13;30:15;189:9; 201:15; stayed 16:21; stemmed 193:7; stenographer 151:6; step 201:14; stewing 78:1;78:11; stick 204:18; still 50:15; 120:15; 120:17; 183:8; 183:10;205:6; 205:9;205:13;205:17; 206:6;206:6;207:7; stopped 141:15;141:16; 142:11; storeroom 181:22; story 26:22; straight 11:17; Strangely 122:6; Street 16:7;36:2;97:1;213:12; stress 162:8; Strictly 108:11; strictly 198:23; strike 195:16; striving 203:17;203:25; strongly 149:10; 149:16; 149:21; 162:6;199:24;76:18; 77:2;93:24; 181:21; 198:25; structural 190:19; structures 93:22; 11:16;11:19; 11:21 ;11:23; 14:6; Stu 179:15; stuck 197:10; studied 101 ;8;101:14; 101:21; studies 43:23;100:25; 101:2; 101:4;101:5; 102:9; 102:16; 169:16; 170:15; 175:11;175:19;196:7; 196:10,196:13; study. 197:2;43:10;93:17; 196:17;197:6;197:23; 198:5;202:11; stuff 33:25;58:2;106:6; 151:11; sturdy 87:19; subjected 189:14; 126:23; 145:5; 150:8; 189:5; 190:4; 192:8;205:6;205:17; 211:14; submitted 116:5;90:8; Subscribed 212:12; subscribe 35:2;35:3; subsequently 169:19; substance 211:5; substantially 91:22; substantiate 148:24;163:15; substituted 14:20:140:6:50:25; 137:2; substitution 140:10;178:21; subway 79:7; successful 88:9; sued . 147:2;147:8; sufficiently 155:22; 185:23 ;39:7; suggested 32:19:140:9; suggestions 75:12:192:24; suitable 128:13 ;214:6; sulfide Deposition of Paul Benignus 8/23/00 181:24; summaries 115:14; summarizes 143:4;154:8; Summary 73:14:143:23; summary 72:13; 113:2; 144:4; 144:6;145:12; supervision 55:3; supervisor 194:10; supplied 85:14;141:7;158:16; supplying 148:13;207:15;46:14; 47:7;134:19;137:24; 147:3; support 118:19;201:4;201:5; 203:24;204:2; supposed 14:19;30:10;59:14; 60:19; 170:18; 170:22; 192:16;73:4; Supreme 213:9; Sure 49:21 ;49:25 ;54:13; 54:15; sure 19:4;24:4;27:14; 30:8;30:14;33:16; 42:13 ;49:15 ;67:17; 74:9;87:25; 104:11; 146:19;148:14;168:9; 171:6; 190:8; 195:15; 205:17; surfaces 191:17; surgeon 192:21 ;192:25; 193:9; surpassed 144:12; surprised 106:24;106:25; Survey 71:21; Suskind 102:5;102:10;102:12; 103:12; suspected 166:11; Swan 26:14;26:16;26:20; 26:23 ;26:24;46:11; Swan's 27:5;34:15; Sweet's 92:3;92:3; switched 206:10; switches 108:20;108:19; sworn 7:2;212:12;213:17; symptoms 103:14;103:17;103:18; synthesis 48:6; systematic 98:10; systemic 59:18; 104:1; 104:9; systems 57:16; 108:13; 108:15; nr -1 - T-e-r-p-h-e-n-y 20:25;21:2; T-r-e-o 169:14; T-r-i-c-h-l-o-r-o-b-e-n-z-t 63:25; Tab 93:2;94:17;104:22; 112:21; 119:8:120:20; 122:9;122:24;123:4; 124:1; 126:21; 132:1; 142:22;165:19;168:25; 172:1;173:16;178:4; 180:6; 184:4; 188:21; 191:23; 194:5; 196:5; Table 152:16;156:13;156:18; 156:18;156:19; tables 156:13;156:15; 156:20; 156:21 ;156:24; 157:1; 157:5; 157:8;37:24; 53:15; tabulations 37:10;102:23; tag 93:4; talked 43:4;43:11 ;58:9; 80:8;80:15;113:20; talking 17:17;21:12;27:16; 28:2;28:9;46:8;62:11; 62:12;68:17;85:16; 89:14;92:2;92:9; 113:21; 137:8; 156:1; 157:14;157:16;174:16; 176:14;176:15;190:17; 193:3; 195:23;205:5; talks 115:18;124:17;156:12; 156:17;156:18;191:14; 26:10;62:5;63:9; 78:10;85:19;88:1; 122:16;134:16; tank 78:6; tape 151:9; tarry 172:16;172;19; Technical 86:12;86:13; technical 8:13;8:16;86:14; 86:18;162:25 ;207:19; techniques 116:16:116:22; technology 203:13; telephone 134:13; telling 68:2; 101:17; 123:21; 135:5; 137:23; 141:12; 141:13; 146:16; 155:20; tells 9:21; temperatures 57:14;57:16;95:8; 95:18; 160:8; 119:21; 155:22; 181:16; 181:25; Gore Perry Gateway & Lipa St. Louis, MO (314 ) 241-6750 621-4790 621-2571 621-8883 sorry - temperatures WATER PCB-SD0000066119 i/Cj^uaiuuii vi jl u 8/23/00 189:15; tended 203:16; tends 84:22;162:5;203:24; termed 103:17; terminated 107:22; 108:3; termination 107:23; terminology 22:4; termites 21:20; terms 29:3;45:10;112:16; 118:2;137:4; 137:20; 148:11; 195:18; 197:19 40:20;44:15;190:24; 191:4; terphenyl 20:25;20:25;21:2; 21:3;21:7; 172:14; terrible 200:20; tested 14:20;85:8;94:7; 117:16; testified 56:1;213:19; testify 7:2:213:17; testimony 30:15;56:4;179:21; 210:17;211:9;212:5; 213:20:213:22; Testing 160:24; testing 41:25;138:13; tests 55:2;56:24;57:3; 57:5;60:14;70:2; 70:7;70:20; 100:13; 117:17;118:1;60:15; 175:3; tetrachlorobenzenes 69:7;117:5;64:2; 68:20:69:11;85:9; 95:7;159:2;159:3; 159:9;159:10;159:20; 160:4:161:18; T etrachlorobiphenyl 140:5; tetrachlorobiphenyls 136:21;139:19;159:7; tetraphenyl 205:11; Thanks 13:5;130:1; themselves 67:5; 158:12;205:5; Theodore 26:16; there, 127:10; thereto 213:25; thereupon 213:18; thesis 13:19;13:22: they'd 69:3; 196:19; They're 50:17;54:15;70:5; 71:12; they're 128:24:172:17; they've 102:23; third 37:9;72:17 ;79:3; 89:15;123:13;163:17; 179:13; thirty 152:3; Thomas 74:19;83:13:83:15; 208:23 ;209:9;209:23; Thompson 114:19; thorn 75:14; thoroughly 99:21; 120:1 ;98:10; thought 32:12;54:9;61:1; 89:2; 125:25; 128:18; 15 3:17; 162:15; 176:13; 204:12;77:21; 163:17; Threaten 146:25; threaten 146:22; Three 88:8:117:15; three-benzene 21:1;21:1;31:18; 93:22;110:15;124:18; 136:3;151:19;151:20; 203:4; throughout 28:15;65:22; 154:21; Thursday 132:25; thus 162:23;162:25; times 12:16;63:24;65:11; 67:1; titled 100:3;8:9;8:21;19:19; 72:9;96:12;96:19; 96:21 ;96:22;96:24; 120:18;121:4; 122:4; 143:25:198:9; Today 158:10; today 13:13;13:14;31:5; 169:14; together 49:19;54:24;54:25; 56:10;58:7;58:11; 66:10;67:2;67:17; 67:18;67:20;78:25; 114:14;114:18; 184:22; 213:23; told 7:20; 15:13; 19:5; 20:2;25:7;25:14; 26:20;32:15 ;35:13; 36:18;39:12;39:13; 56:8;60:19;60:24; 68:6;73:8;77:6;81:17; 81:23;82:1;82:2; 82:5;82:14;99:16; 104:4; 116:25;119:5; 135:5;138:7;146:19; 147:4; 148:14; 177:16; 193:7 ;201:21 ;202:2; 204:7 ;210:16; Tom 74:25;75:2;96:18; 128:2; 128:4; took 67:15;87:1;151:22; 177:17:186:11; topics 103:8; 123:7; 123:23; 105:2; 107:2; 123:7; 146:6; 146:10; 163:7; 163:22; 189:21 ;32:5; 73:14;77:20;79:3; 95:21; 105:13; 118:16; 147:20:204:14; tore 209:25; total 119:20:189:12; touched 136:2; towards 139:7:203:17; toxicity 32:21;32:24;61:18; 83:23;84:1;124:23; 166:25; 172:8; 174:9; 185:25:189:5; toxicological 57:15 ;60:5 ;61:25; 206:2;206:7; Toxicologist 132:18; toxicologist 42:11; Toxicology 34:2;34:6;35:3;35:8; 37:17;53:16;54:19; 56:16; toxicology 54:3;54:11;62:6; 62:15;63:10;70:10; 70:22; 166:17; 167:23; 168:7;185:23;186:2; 186:11;119:24;123:18; 123:23; 167:3; 180:19; Tracy 115:6; trade 9:5;9:15;21:5;118:11; 207:20; trainees 15:11; training 33:17;111:1;204:11; transcribed 213:21; transcript 211:14;211:16;212:2; 212:5;213:19;214:1; transformance 90:15; Transformers 152:16; Transformers" 75:10; transformers 79:11;79:14;79:16; 80:19;81:15;82:23; 83:7;83:8;84:21; 85:18;85:20;85:23; 87:12;87:12;87:24; 88:6;89:18;90:15; 92:10;92:14;92:21; 108:16; 109:9; 139:5; General Electric Co. 142:7; 142:13; 146:1; 149:11;152:21;152:25; 153:2; 154:1;160:18; 179:4; 180:20; 187:6; 187:13:187:14:187:15; 187:16;188:8;188:10; 188:11;188:14;199:24; 203:7;204:19;208:2; 208:10;209:5;209:11; 209:14:72:18:75:14; 76:13;77:25;80:2; 80:12;80:13;80:25; 81:2;81:9;81.T8; 81:24;84:19;86:18; 87:19;90:21;106:3; 112:16;136:21;138:8; 139:20;142:12;146:3; 149:20; 150:3; 150:7; 152:17;152:19;156:12; 157:21:178:21:181:19; 187:7; 187:18; 187:19; 187:23;190:18;190:18; 198:8;198:17;198:20; 198:23; 199:1; 199:8; 199:11; 199:14;200:3; 200:17;201:7;201:15; 202:5 ;202:7;203:13; 204:8;204:17 ;207:11; 207:18;208:13;210:11; transpired 49:19; treated 197:9; treating 21:19;197:6; tree 197:5; Treon 101:23:101:24:102:1; 169:14:170:15; T ri-tetrachlorobenzene 159:11; tri-tetrachlorobenzenes 116:18:116:23:117:1; 117:8;159:16;160:2; 161:21:159:7; trial 195:17:213:10; tr/chlorobenzene 63:25;68:14;69:9; 84:20;84:21;84:23; 85:9;159:1;159:9; 161:17:161:21; trichlorobiphenyl 140:1;140:2; trichlorophenol 95:6;95:17;98:11; 102:20;160:5;160:6; 64:1; tried 33:21;90:23;91:10; 91:12; tritetra 68:16;68:19;69:7; 69:11; 117:4; 136:20; 139:19;159:8;161:17; trouble 88:7;177:4; true 81:1;210:9;212:4; 213:25; truth 7:3 ;7:3 ;7:3 ;213:17; 213:17:213:18; trying 30:14;38:6;41:2; 52:24;56:11;56:15; 58:1;58:13;58:15; " 58.T5;58:20;61:3; 6i:5;65:25;66:5; 66:9:66:15:68:10; 77:15;88:5;90:12; 130:11:131:14:24:16; 83:18:85:19:121:18; Tuesday 132:21; Tulsa 117:18; Turn 124:1;184:4; turned 204:15;204:21;204:25; 205:21; Turner 118:20;119:3;213:4; turn 48:4;93:2;94:17; 99:19;102:22;104:22; 122:24;123:4;132:I; 152:14;168:25;172:1; 173:16;175:8;178:4; 180:6;191:23;194:5; 199:21:202:20; tutorial 55:23; two-by-four 197:10; two-thirds 57:12;73:19;15:13; 29:1;39:18;49:7; 49:10;49:18;77:23; 89:18;90:16;93:7; 93:7;96:10;97:4; 127:20;140:10;166:22; 168:22; 197:5;202:25; 203:6; Type 160:22:161:25; typed 121:2;144:3;184:14; 198:9; types 149:12:149:13; typewriting 2l3:2l;86:l;87:15; 87:16;87:18;149:11; 189:18;200:4; Typically 11:25; typical 103:18; -u- ultimate 152:23; umbrella 204:20; unable 166:13:166:14; undergoes 93:24; undergraduate 12:18;12:25;13:21; underlined 198:21; 198:24;200:24; 201:17; Underneath 174:8; understood 7:25;110:6;153:16; 177:9; underwriters Gore Perry Gateway & Lipa St. Louis, MO temperatures - underwrite; 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066120 James L. and Barbara Furch vs General Electric Co. 137:16;137:19;162:18; undetermined 213:8; Union 79:4;80:1;85:16; 88:1 ;90:18 ;90:19; unique 81:13;81:14; United 46:12;47:4; units 200:4;203:1 ;208:25; 210:5;209:25; University 10:21;132:19; unless 9:21 ;51:14;83:20; 155:22;207:6; untreated 197:10; 197:11; unusual 81:13;81:14; unventilated 191:15; upon 150:10;155:21; us. 202:11; 160:14; usages 19:8; 18:4 ;47:10; 134:9; 136:20; 139:19; used 14:16;21:6;21:18; 33:24;36:11;44:15; 45:23;46:1;46:7; 47:14;47:15;47:17; 47:21 ;47:23 ;47:25; 55:9;57:15;63:18; 64:1;85:17;91:13; 92:14;107:18;108:10; 112:17;121:15;121:20; 139:4;141:14;141:24; 142:2;142:7;i42:14; 142:18; 142:20; 151:9; 153:23; 160:4; 161:25; 179:1; 181:3;187: ; 190:24; 191:16; 193:18; 193:25;194:19;195:19; 205:11 ;206:12;206:15; 206:19:206:19;213:10; users 205:16;75:15;87:12; 138:10; 164; 17; 164:22; 187-20;205:20; uses 17:24;18:4; 18:5; 18:8;18:10;34:21; 45:23;45:25,-46:2; 46:5;141:10;160:14; 195-7- using 41:9;87:10;123:21; 123:22; 160:21; 179:18; 181:23; 191:14; 193:13; 206:9; 84:2;86:20; utilities 79:10;86:19; 87:10; utility 85:13 ;85:19;208:21; 209:5 ;209:8;209:24; -y- V-i-n-y 142:1; vacation 190:11; vacuum 84:20; Vandervoorts 79:6;80:2; vaporization 119:22;123:15; vapors 39:22;41:18;41:25; 42:1 ;43:25 ;57:17; 57:19;60:17;70:9; 85:9; 168:20; 171:3; 171:8;171;9;181:1; 181:5; 182:10; 182:11; 185:24; 185:25; 186:21; 191:19;195:1;195:10; 196:1 ;40:6;85:5; 182:10; various 37:11 ;38:11 ;47:16; 140:22;162:10;174:12; varying 103:16; vaults 208:12;29:9;91:15; 204:7; velocity 39:7; . ventilated 39:6; Vern 178:18; versed 74:18; Versus 138:19; versus 11:17 ;77:18; 187:7; 187:14; vertigo 103:14; vice 100:17:147:18; vinyl 142:1; Virginia 59:1:59:19:62:21; 95:13;102:19; virtue 86:8:152:22; Visit 124:4; visited 28:9;30:5; visiting 174:11 ;29:4;124:12; 132:14; 133:4; 175:1; void 162:23; volatile 85:5;85:7; Volume 34:3;55:8; volume 39:7; Vosburgh 42:18; -w- W-e-g-e 95:23; W-o-r-l-d 121:7; W.g 192:3; wait 69:1; waived 214:3; Wales 46:18;189:24; walls 29:15;30:6; wants 8:10; War 28:25; warnings 163:1; 195:11 ;28:25; Wash 186:22; Washington 10:21:79:15; wash 186:23; waste 117:15;117:15; watch 124:24; water 112:5; 186:23; 186:24; Watt 100:17;100:23; 101 ;7; 171:23; watt 100:20; wave 19:4; ways 40:22; 10:13;46:8; 47:21 ;57:12;58:17; 65:15;67:23;78:8; 108:20;122:18; 152:13; 155:17;156:13;181:17; 205:23; Wednesday 132:24; week 118:19; 178:18; 190:11; Weger 95:23 ;97:5 ;97:17; Weger's 99:21; weighed 76:18;77:3; weight 140:4; 140:7; welded 210:4; weren't 138:8; 146:18;206:2; 206:7; West 59:1;59:19;62:20; 95:13;102:19;213:12; Westinghouse 105:16;118:11;119:14; 138:11;139:1;139:4; 139:10;139:16; 160:14; 160:20; 188:3;204:15; 204:25 ;206:14 ;206:17; 206:19;207:1; What's 11:15;14:5;43:6; 67:6;71:1;83:3; 105:25; 183:13;195:4; what's 24:4;49:20; 109:20; 134:4;146:10; 149:3; Deposition of Paul Benignus 8/23/00 154:5; 154:7; 162:14; 163:21;172:15; Wheeler 35:18;36:8;36:23; 39:16;42:13 ;54:14; 54:20;55:20;58:23; 59:12;61:17;62:14; 93:14;94:15;94:21; 100:23; 102:18; 103:25; 169:5; 170:24;171:24; 189:1; 189:22;189:25; 190:1:190:4; Whereas 11:19; wherever 56:20; whole 7:3;213:17; Whose 42:12; whose 113:11; Widely 142:2; Wilburn 119:12; William 105:6; Williston 40:3 ;41:3; Wisconsin 116:4; wished 149:19; Withdraw 12:6; 195:13; Withdrawn 105:25; 150:21; 161:2; 170:21;187:9; withdrawn 112:12;14:25 ;28:13; 62:24;70:6;71:1; 97:16; 129:2; 184:4; 194:5; 195:6;200:19; withdrew 147:2; within 87:9;113:18; Without 152:22;153:3; without 91:14; 104:8; 123:23; 152:24; 159:9;210:10; Witness 212:1;214:9; witnesses 30:14;7:12; 19:10; 23:13 ;31:20;31:25; 64:6;64:7;66:18; 66:18;66:20;66:22; 66:22;71:14;210:16; 211:5;213:13;213:15; 213:23 ;214:2;214:4; wood 21:18;21:19; 190:19; 196:18; 196:20; 196:22; 197:4;197:6;197:11; 197:14;197:16; wording 193:23; 193:24 ;210:19; words 123:22; 149:16; 153:15; 15:22;62:2;113:7; 113:13; 123:23; 137:17; worked 9:24; 12:6; 13:24; 17:7;18:4;18:7 ;20:15; 24:1;27:11;28:7; 28:15 ;66:3;66:12; 89:2;92:19;92:22; 97:2;114:18;131:2; workers 23:1 ;23:2;23:4 ;23:5; 23:9;41:17 ;59:7; 183:21:183:25; workhorse 87:20; working 16:5;20:11,23:20; 24:12;25:1;30:18; 35:24;39:24;41:19; 63:13;65:4;89:4; 89:6;90:25;91:5; 125:12;125:13;153:10; 185:17; workmen 28:6; 168:20.13:7; 15:1;15:16;15:17; 15:19; 15:20; 15:25; 16:17;22:25;27:10; 38:14;39:5;39:22; 52:9;52:10;56:23; 57:9;57:9;57:18; 57:19;58:22;64:19; 65:6;72:10;78:23; 105:16; 115:5; 152:9; 166:19; 166:23; 170:3; 177:17;177:20;177:25; 181:22; 195:24; 195:25; 205:14; World 28:25;89:20;121:5; 121:6; world 8:22;47:8;121:7 121:16; 121:23; 122:9; worse 119:23; worthless 163:20; worthwhile 54:9;154:19; Wr. 130:1; write 32:2U;35:1 ;36:15; 36;17;47:22;48:1; 49:23;50:2;53:18; 54:18;58:14;58:16; 88:17;90:8;I29:25; 149:5; 161:12; writing 105:23; 155:20; 192:17; 205:24; written 62:18;95:1; 146:10; 164:24;174:8; wrong 177:10; 177:11 ;202:22; wrote 54:23;56:11;56:12; 56:14;56:15;56:19; 58:4;58:5;58:11; 73:4;89:9;144:4; 161:14; 190:6;208:3; 210:21; -X- Xeroxed 130:14; -Y- Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 62/-<5S&3Underwriters - Xeroxed WATER PCB-SD0000066121 8/23/00 General Electric Co. yard - Zink (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000066122