Document RXKazEGpLz634bX02K0Dgzev

1 STATE OF ALABAMA IN THE CIRCUIT COURT FOR ETOWAH COUNTY 2 (Transferred from Calhoun County, Alabama) 3 SABRINA ABERNATHY, etal., 4 Plaintiffs, 5 CIVIL ACTION NO. versus CV-2001-832 6 (Consolidated) MONSANTO COMPANY, et al., 7 Defendants. 8/ 9 DEPOSITION OF JERRY SANFORD 10 11 The deposition of JERRY SANFORD was 12 taken before Deborah Salers Garrett, Certified 13 Shorthand Reporter, Registered Professional 14 Reporter, as Commissioner, commencing at 9:00 15 a.m. on December 28, 2001, by the Plaintiffs, 16 at the law offices of Fite & Miller, Suite 17 400, SouthTrust Bank Building, Anniston, 18 Alabama, pursuant to the stipulations set 19 forth herein. 20 Regional Reporting Service, Inc. 21 755 Walnut Street Gadsden, Alabama 35901-0755 22 23 Page 1 Page 3 1 STIPULATIONS 2 IT IS STIPULATED AND AGREED by the 3 parties, through their respective counsel, 4 that the deposition of JERRY SANFORD may be 5 taken before Deborah Salers Garrett, CSR, RPR, 6 as Commissioner and Notary Public, Alabama at 7 Large, at Anniston, Alabama, on December 28, 8 2001, at 9:00 a.m. 9 IT IS STIPULATED AND AGREED that the 10 signature to and reading of the deposition by 11 the witness is waived, the deposition to have 12 the same force and effect as if full 13 compliance were had with all laws and rules of 14 Court relating to the taking of depositions. 15 IT IS STIPULATED AND AGREED that it 16 shall not be necessary for any objections to 17 be made by counsel to any questions except as 18 to form or leading questions and that counsel 19 may make objections and assign grounds at the 20 time of trial or at the time said deposition 21 is offered in evidence or prior thereto. 22 IT IS STIPULATED AND AGREED that notice 23 of filing by the Commissioner is waived. 1 APPEARANCES 2 For the Plaintiffs: 3 HARRISON COLEMAN, Esq. KASOWITZ, BENSON, TORRES & FRIEDMAN, LLP 4 1633 Broadway New York, New York 10019 5 6 For the Defendants: 7 EDWARD M. NEWSOM, Esq. LAWRENCE J. MYERS, Esq. 8 SMITH, HELMS, MULLIS& MOORE Suite 750, 1355 Peachtree Street, NE 9 Atlanta, Georgia 30309 10 INDEX 11 Page 12 Stipulations 3 13 Reporter's Certificate 51 14 15 EXAMINATIONS 16 Witness: JERRY SANFORD Page 17 By Mr. Coleman 4 18 EXHIBITS 19 20 Plaintiffs' Marked Offered 21 One 6 22 No other exhibits were marked for 23 identification, offered or attached as exhibits hereto. Page 2 Page 4 1 STATE OF ALABAMA, ANNISTON, DECEMBER 28, 2001 2 3 JERRY SANFORD, 4 after having been first duly sworn, was 5 examined and testified as follows: 6 7 EXAMINATION 8 BY MR. COLEMAN: 9 Q. Mr. Sanford, my name is Harrison 10 Coleman. We were just introduced. 1 11 represent the plaintiffs in this case. 12 Would you state your full name, please, 13 sir? 14 A. Jerry E. Sanford. 15 Q. Mr. Sanford, there are a couple of rules 16 of the road here in depositions. Have 17 you given a deposition before? 18 A. Yes, 1 have. 19 Q. You probably know it is better if you 20 give a verbal response to the questions 21 1 give you because it is easier for the 22 court reporter to take down verbal. 23 Also I'll ask you questions and ask you Pages 1 - 4 HARTOLDMONO018903 Page 5 Page 7 1 to wait until 1 finish asking you 1 you lived? 2 questions before you give a response, 2 A. 1 moved from Piedmont -- Okay. Let me 3 and I'll pay you the same courtesy when 3 ask you a question. Is this during my 4 you are giving your responses. 4 Monsanto tenure or all my life? 5 A. Okay. 5 Q. Really your life, actually, is what 1 6 Q. And if you have any questions at all, 6 want to know, if you can remember, just 7 want to take a break, just let me know. 7 the best you can remember. 8 We'll go from there. 8 A. All right. 1 lived in Piedmont until 9 First of all, have you seen this 9 1959. 1 married and moved to Gadsden, 10 document? It is a notice of deposition 10 Alabama. 1 lived there approximately 11 sent to your attorneys requesting the 11 two years and then 1 moved to Anniston 12 production of documents in your 12 and lived in Anniston -- yeah -- from 13 possession. 13 about 1961, 1 guess to 1966. Then 1 14 A. No, I've not seen it. 14 moved back to Piedmont for three years 15 Q. Turn over to -- 15 from '66 to '69. And then in 1969 1 16 MR. MYERS: 1 think it is page 16 moved back to Anniston, and 1 lived in 17 four. 17 Anniston from about '69 to 1991, when 1 18 MR. COLEMAN: 1 think it is page 18 moved back to Piedmont, where 1 live 19 four too. Just read -- Off 19 now. 20 the record. 20 Q. Okay. Of those, two residences I'm more 21 MR. MYERS: Off the record. 21 interested in, you say you lived in 22 (Discussion held off record.) 22 Anniston from 1961 to '66. 23 (Plaintiffs' Exhibit Number 23 A. Uh-huh (indicating yes). Page 6 Page 8 1 One was marked for 1 Q. What was your address then? 2 identification.) 2 A. 1 lived out in Saks, on Saks Road. I'm 3 Q. Mr. Sanford, where do you live? 3 not sure of the number there. And then 4 A. Piedmont, Alabama. 4 1 lived up on 29th Street, East 29th 5 Q. What is your address? 5 Street. 6 A. 255 Wood Ridge Drive. 6 Q. Okay. Saks Road is not near the plant, 7 Q. I'm not familiar with Piedmont. How far 7 is it? 8 is it from Anniston? 8 A. No. 9 A. About twenty-five miles. 9 Q. 29th Street, how far away from the plant 10 Q. East? 10 is it? 11 A. Yeah, northeast actually, yeah. 11 A. It is about a couple of miles up this 12 Q. How long have you lived there? 12 road, up Quintard. So it would be three 13 A. Okay. At that address, I've lived there 13 or four miles from the plant probably. 14 six years. But I've lived in Piedmont 14 Q. And from '69 to '91 when you lived in 15 since '91. 15 Anniston, what were your addresses then? 16 Q. All right, sir. And before '91 where 16 A. Okay. 17 did you live? 17 Q. And also while we're at it, your 18 A. 1 lived in Anniston. 18 addresses in relation to the plant. 19 Q. Okay. 19 A. Okay. In 1969 1 moved into an apartment 20 A. I'm from Piedmont originally. That's my 20 on Wilmer Avenue, up on 17th Street. 21 home. 21 Okay. And 1 lived there for about two 22 Q. Can you go through your addresses in 22 years. So then 1 moved from --1 got 23 Anniston when you lived here and where 23 married and 1 moved out to -- on Eulaton Pages 5 - 8 HARTOLDMONO018904 Page 9 Page 11 1 Pike, which is about two miles from the 1 Q. All right, sir. Would you mind going 2 plant. 1 lived therefrom 1971 to 1973. 2 from 1964 to '96 your job titles. 3 1 bought a house on Cheryl Drive, which 3 A. Okay. 1 worked -- 4 is about two miles from the plant, maybe 4 Q. And the dates when you held those 5 a mile and a half, maybe, maybe a mile 5 titles. 6 and a half from the plant. This was in 6 A. Okay. 1 started work in April of '64 as 7 '73. Okay. 1 lived there from '73 7 an operator. Okay. 1 worked as an 8 until '91, when 1 moved back to 8 operator from 1964 to 1972. 1 made 9 Piedmont. 9 chief operator in 1972. 1 worked as 10 Q. Okay. Are you married now? 10 chief operator until sometime late '73. 11 A. Yes. 11 And 1 made foreman then. 1 worked as 12 Q. Do you have children? 12 foreman from about '73 -- from late '73 13 A. Yes. 13 on, and my job title was changed to 14 Q. How many children do you have? 14 first level supervisor sometime in the 15 A. Three children. 15 '80s. I'm not sure when. 16 Q. What are their ages? 16 Q. Okay. 17 A. My son is forty-one. My daughter is 17 A. 1 worked as first level supervisor from 18 thirty-nine, and then my youngest 18 then until 1 retired in March of '96. 19 daughter is thirty-five probably. She 19 Q. Okay. I'm just going to go through that 20 is my stepdaughter. My youngest one is 20 again with you. Operator from 1964 to 21 my stepdaughter. 21 1972. Chief operator for a year, until 22 Q. Were any of your children born in 22 1973. From'73 until sometime in'80s 23 Anniston? 23 you were a foreman, and from the mid 1 A. 2 3 Q. 4 A. 5 6 Q. 7 A. 8 Q. 9 A. 10 11 12 13 Q. 14 15 16 A. 17 Q. 18 19 20 21 A. 22 Q. 23 A. Page 10 Yes. My two children are, my two older 1 children. 2 And your youngest child was born -- 3 A. That is my stepchild. She was born in 4 Q. Gadsden. 5 What about grandchildren? 6 Five grandchildren. 7 Where do they live? 8 One lives at Oxford. Two live in 9 A. Nashville, Tennessee, and two lives in 10 Q. Hokes Bluff, Alabama, which is an 11 outskirt of Gadsden. 12 That's about it as far as your family. 13 When did you start working for 14 Monsanto? 15 April of 1964. 16 Okay. If you wouldn't mind, would you 17 go through your job titles from 1964 18 A. until you -- Did you retire from 19 Monsanto? 20 Yes. 21 What year did you retire? 22 Q. In March of 1996. 23 A. Page 12 '80s until your retirement in 1996, you worked as a first level supervisor? Uh-huh (indicating yes). In what department -- I'm going to go through each one of these jobs and ask you a question on each one of these jobs, namely what department you were in and what your responsibilities were. Okay. You can be brief. I'm not asking for every day of every year what your job responsibilities were. 1 want very generally what your job responsibilities were. Let's start with your tenure as an operator there 1964 to 1972. What department was that in, and what were your responsibilities? 1 worked first in the chlorine department. This mainly consisted of monitoring the equipment in the chlorine production. Was that -- was that outside or inside? Some of both. There were two jobs, one Pages 9-12 HARTOLDMONO018905 Page 13 Page 15 1 outside and one inside. 1 or '71, whatever that dates was. 2 Q. Production was outside? 2 Q. What were your responsibilities in the 3 A. Well, some equipment was outside. Some 3 parathion department? 4 of the tanks and that stuff was outside. 4 A. The first job was to drum all the 5 There was an inside structure we called 5 parathion. Then 1 monitored the waste 6 the cell room. 6 treatment, was one of the jobs. And 7 Q. What went on in the cell room? 7 then running various items in the 8 A. That is where the chlorine was actually 8 parathion department. There were about 9 produced. 9 like five or six different jobs in there 10 Q. Okay. Then what activities were handled 10 that -- five or six different operators 11 outside? 11 worked on the same shift together. We 12 A. The monitoring of the pump and tanks and 12 all had different responsibilities. 13 so forth. 13 Q. Did you manage any of those individuals 14 Q. I've got you. Forgive me. I'm just 14 on your shift? 15 trying to get to the bottom of these 15 A. Not as an operator. 16 things. I'm not real familiar with the 16 Q. Okay. Tell me about your role in 17 plant itself. 1 need a mental image of 17 monitoring the waste treatment in the 18 what the plant actually did and what 18 parathion department. What was that 19 your responsibilities were. So forgive 19 responsibility? 20 me if 1 kind of plod along here. 20 A. We took samples of the streams -- just 21 A. Okay. 21 monitored the pumps and the flows and so 22 Q. So when you were an operator you worked 22 forth. 23 in the chlorine department both inside 23 Q. Did you -- You say you took samples of 1 2 A. 3 Q. 4 5 6 7 A. 8 9 10 11 12 Q. 13 14 A. 15 Q. 16 17 A. 18 19 20 21 22 23 Page 14 and outside? Uh-huh (indicating yes). Inside is where the chlorine was actually made, and outside you had some responsibility for monitoring the pumps and other equipment? Uh-huh (indicating yes). MR. MYERS: You need to say yes. It makes it impossible for us to read. THE WITNESS: Okay. All right. Thank you. Was that a pretty fair assessment of what you did? Yes. And that was from 1964 until '72 in your role as an operator? No. That was for a few months in 1964. 1 worked as a vacation relief so to speak. So 1 only worked there a few months in 1964. In the fall or winter of '64 1 was transferred to the parathion department, and 1 worked as an operator there from late '64 until '72 1 2 3 A. 4 Q. 5 6 7 8 A. 9 Q. 10 11 12 A. 13 Q. 14 15 16 A. 17 18 19 20 21 Q. 22 23 A. Page 16 the streams. Those are the waste streams? Uh-huh (indicating yes). Were you responsible for taking the samples -- actually the physical streams around the plant like Snow Creek for example? No. All right. And you worked that job from '64 to '72 before you became chief operator; is that correct? That's correct. All right. So from 1972 to '73 you were chief operator. Can you go through your responsibilities s chief operator? 1 actually worked as relief chief, which filled in for vacation for the chief operators that were on vacation. You were actually responsible for a crew, a shift. And what do those responsibilities entail? Making sure that the people were there, Pages 13-16 HARTOLDMONO018906 Page 17 Page 19 1 making sure the jobs were covered, 1 of the individuals that you worked with? 2 administering overtime, just more or 2 A. Yes. 3 less the general -- 3 Q. In the same manner of speaking that we 4 Q. General management duties? 4 just went through in your role as 5 A. Management of the shift, uh-huh 5 foreman? 6 (indicating yes). 6 A. Yes. 7 Q. Anything else when you were chief 7 Q. And were you responsible also for 8 operator? 8 handing out the punishment if they 9 A. No. 9 failed to adhere to those safety 10 Q. And then from 1973 until sometime in the 10 requirements? 11 1980s, you were a foreman? 11 A. No. 12 A. That's correct. 12 Q. Who would do that? 13 Q. Can you describe your responsibilities 13 A. The foreman. 14 in that role? 14 Q. And in your role as operator, did you 15 A. 1 was foreman over the parathion 15 have any responsibility for the health 16 department, the intermediate side. 16 and safety of others? 17 There were two sides, one called 17 A. Nothing other than looking after your 18 finished goods, one called 18 brother, so to speak. 19 intermediates. 1 was a foreman over the 19 Q. But you weren't responsible for handing 20 intermediate side, and that included 20 out or making sure that people were 21 scheduling production, scheduling 21 wearing goggles or -- 22 operators to work, just actual, you 22 A. No, no. 23 know, running of the department. 23 Q. Okay. And then from sometime in the Page 18 Page 20 1 Q. Did you have any responsibilities for 1 '80s until 1996 you were first level 2 monitoring waste treatment in that job? 2 supervisor. Can you go through 3 A. No, 1 did not. 3 generally speaking what your 4 Q. Did you have any responsibility for the 4 responsibilities were as first level 5 health and safety of the men under you? 5 supervisor? 6 A. Sure. 6 A. Well, basically the same agricultural 7 Q. What was that responsibility? 7 foreman. The foreman level was cut out 8 A. Well, 1 was responsible, you know, to 8 or terminated. Well, actually the 9 make sure they had a safe place to work. 9 supervisor level was terminated, and the 10 Q. Did you issue -- were you responsible 10 foreman became a combination supervisor 11 for making sure that the proper safety 11 and foreman both. 12 gear was issued to the men? 12 Q. Did your role then change all that much 13 A. Yes. 13 from when you were a foreman to a first 14 Q. What was that safety gear? 14 level supervisor? 15 A. Goggles, safety glasses, safety shoes, 15 A. It changed in that 1 was given more 16 hard hat, furnished clothing. 16 administrative type duties. 17 Q. Okay. Were you responsible for also 17 Q. What did those duties include? 18 handing out the punishment if they 18 A. Ordering raw materials and actually 19 didn't wear their safety gear? 19 scheduling the production and 20 A. Yes. 20 coordinating with other plants, the 21 Q. Let me back up just a second. Did you 21 shipments of production and so forth. 22 have any responsibility in your role as 22 Q. Did you have more or fewer men under 23 relief chief for the health and safety 23 your charge as a first level supervisor? Pages 17-20 HARTOLDMONO018907 Page 21 Page 23 1 A. Let me think a minute. It was basically 1 Q. Do you know of anyone that was 2 the same. 2 terminated for violation of the health 3 Q. Okay. And did your role in the health 3 and safety rules of the plant? 4 and safety aspects change from when you 4 MR. MYERS: At what time? 5 were a foreman to when you became a 5 Q. Any time during your career there. 6 first level supervisor? 6 A. 1 can't recall anyone right now. 7 A. Only that 1 actually ordered, you know, 7 Q. Okay. Who were your supervisors? 1 8 things in. 1 was actually in charge of 8 guess we can start back when you were ar 9 securing them for the people and that 9 operator through to the time when you 10 sort of stuff, just more -- 10 were a first level supervisor. 11 Q. Actually procuring the overalls, the 11 A. Okay. 12 gloves, the goggles? 12 Q. To the best of your knowledge. 13 A. Uh-huh (indicating yes). 13 A. Okay. 1 think the first supervisor 1 14 MR. MYERS: Yes? 14 had was Jack Maloy, and the next name 1 15 THE WITNESS: Yes. I'm sorry. 15 recall is Jim Carpenter, Alan McCarty. 16 MR. MYERS: That's all right. 16 As an operator you are saying? 17 Q. And were you responsible for the 17 Q. Just starting with operator. 18 punishment for people failing to adhere 18 A. Those are the only ones 1 can remember 19 to those health and safety requirements? 19 right now. 20 A. Yes. 20 Q. Who did you report to during your tenure 21 Q. And when you had to actually give out 21 as relief chief? 22 that punishment, what form could that 22 A. To the foreman, Jim Hanvey. 23 take? 23 Q. How do you spell his last name? Page 22 Page 24 1 A. There were like different levels. You 1 A. H-a-n-v-e-y. He is deceased. 2 would talk to the person one on one and 2 Q. And in your tenure as foreman, who did 3 point out the error or the mistake. If 3 you report to? 4 that didn't work, then you would 4 A. Let me think a minute now. Harry 5 actually call them into the office with 5 Ankeny, A-n-k-e-n-y, 1 suppose, close 6 a union representative. Because this 6 enough. 7 was a union plant, you always had to 7 Q. Okay. 8 have a union rep present. And you would 8 A. Ken Hale. Okay. Ask me that question 9 be a little more aggressive about it. 9 again if you will, now. 10 Q. Okay. 10 Q. Who did you report to? Who were your 11 A. And if that didn't work, 1 think the 11 supervisors when you were a foreman? 12 next step was maybe to put a letter in 12 A. Okay. 13 their file, in their personnel file. 13 Q. You said from '73 until sometime in the 14 Q. Did you have ever have to go that far? 14 '80s - 15 A. Yes. 15 A. Okay. Ken Hale, Harry Ankeny, and there 16 Q. And how often in your tenure? 16 are two or three other guys. 1 can see 17 A. Once or twice in my several years as 17 them, but 1 can't even think of their 18 supervisor. 18 names. 19 Q. Was there -- Is there another level 19 Q. That's okay. If you remember them any 20 above that, like docking someone's pay? 20 time during the deposition, let me know. 21 A. Termination. 21 Sometime in the '80s when you 22 Q. Did you ever have to terminate anyone? 22 retired until the first level supervisor 23 A. No. 23 who did you report to? Pages 21 - 24 HARTOLDMONO018908 1 A. 2 3 4 5 6 Q. 7 8 A. 9 Q. 10 11 A. 12 Q. 13 14 15 16 17 A. 18 Q. 19 A. 20 Q. 21 22 23 Page 25 Mike Mullally was one, Ed Bolls, then 1 Mike Hoots. Bob Borders was the last 2 A. one, but there was one between Bob and 3 Q. Mike, and 1 can't even think of his 4 name. 5 A. If you remember it during the 6 deposition, let me know. 7 Q. Okay. 8 Thanks. You listed about ten people. 9 That's a pretty good memory. 10 A. There are probably more than that. 11 Let's go back to your time in the 12 chlorine department when you were an 13 operator. And 1 assume you were in the 14 chlorine department during your job as 15 Q. relief operator? 16 No. 17 A. You went to parathion by then? 18 Yes, sir. 19 So you were -- Pardon me. You were in 20 Q. the chlorine department only for a few 21 A. months before you went to the parathion 22 department? 23 Page 27 chlorine? Yes. And how was the chlorine drummed or packaged? It was a liquid or vapor material, and it was actually stored in tanks. And are those the tanks we were talking about earlier that are outside the plant? Yes. Well, they were a part of the cell room, so to speak. They weren't outside. They were in a structure, as 1 recall, but they were part of the cell room. Okay. Then were the raw materials kept outside? The salt was kept in a -- the salt was added with water to make a brine, and it was kept outside, yes. How about the mercury? Okay. It was contained -- It was in cells. It was in a -- flowed through the cells. And it has been many, many Page 26 Page 28 1 A. Yes, sir. 1 years. 1 can't explain the chlorine 2 Q. Let's talk about those months. Can you 2 process. But the mercury and brine and 3 give me those months, was it one month? 3 electrolysis is used in production of 4 A. April of '64 until the fall of '64. I'd 4 chlorine. 5 say September, October, November, 5 Q. Okay. And a byproduct is the caustic 6 somewhere in that time frame of '64. 6 soda? 7 Q. Okay. Did you work with Aroclors in the 7 A. Yes. 8 chlorine department? 8 Q. Incidentally when you first started 9 A. No, sir. 9 working for Monsanto, did you go through 10 Q. What products did you work with? 10 a job interview? 11 A. With salt, with -- not sulfuric -- a 11 A. Yes. 12 caustic soda, and mercury, and -- there 12 Q. Do you remember what they told you in 13 is something else, but 1 can't think of 13 your job interview in 1964? 14 what it is right now. 14 A. '64, no, 1 don't. 15 Q. Were those raw materials? 15 Q. Do you remember if you were told that 16 A. Yes. Well, caustic soda was a byproduct 16 you were going to be working with 17 of the production of chlorine. 17 potentially toxic chemicals? 18 Q. Was it a waste byproduct? 18 MR. MYERS: Object to the form. 19 A. No. 19 Go ahead and answer. 20 Q. Was it sold? 20 A. 1 don't remember. 21 A. It was sold, yes. 21 Q. Do you remember them discussing with you 22 Q. But salt and mercury were both original 22 any aspects of safety? 23 raw materials used in the production of 23 A. Oh, yes. Pages 25 - 28 HARTOLDMONO018909 1 Q. 2 A. 3 Q. 4 5 6 A. 7 Q. 8 9 A. 10 Q. 11 A. 12 13 Q. 14 A. 15 Q. 16 17 A. 18 Q. 19 20 A. 21 Q. 22 23 A. Page 29 Even before you started? Yes. Did they tell you you would be using goggles and hard hats and protective clothing? Yes. Did you ever do any interviewing in your career? Yes. And actually hired people? Okay. Are you talking about hiring interviews? Yes. Yes, 1 did. And did you actually hire people as a result of those interviews? No, 1 did not. Were people hired as a result of your interviews? Yes. Did you discuss health and safety with them during these interviews? Yes. 1 Q. 2 3 A. 4 5 6 7 Q. 8 9 A. 10 11 Q. 12 13 14 15 A. 16 Q. 17 A. 18 Q. 19 20 21 22 A. 23 Page 31 Where in the plant was the PCB department? Okay. The Aroclor department was located a little due east of the center of the plant I'd say. That is about as good as 1 could say. How many yards from the center of the plant? Fifty to a hundred yards, 1 guess. I'm just guessing. 1 don't know. Sure. When you were in the chlorine department, where in relation to the chlorine department was the Aroclor department? It was due west. About how many yards? Probably about a hundred yards west. And when you were in the parathion department during your entire tenure in what relation was the Aroclor department to the parathion department? Okay. It was due west -- It was west, but it was a little bit northwest, 1 Page 30 Page 32 1 Q. Did you tell them that they might be 1 guess you'd say. 2 working around potentially toxic 2 Q. And how many yards? 3 chemicals? 3 A. Probably two or three hundred yards. 4 A. 1 don't recall that 1 specifically said 4 Q. Okay. Did you, very generally speaking 5 that, no. 5 of course, have any opportunity to spend 6 Q. Did you tell them they would be working 6 any time in the Aroclor department -- 7 around mercury? 7 A. No. 8 A. They weren't working around mercury when 8 Q. -- while you were either working in the 9 1 did the interviews. 9 chlorine department or the parathion 10 Q. That is in the chlorine department? 10 department? 11 A. It was dismantled and gone. 11 A. The only time 1 spent there --1 think 12 Q. Okay. In your career at Monsanto did 12 it was 1969 1 was cut back - We had a 13 you ever have the opportunity to see any 13 layoff or a cutback in the parathion 14 material safety data sheets on PCBs? 14 department, and 1 worked for about three 15 A. 1 don't recall that 1 did. 1 didn't 15 months as a general plant laborer. And 16 work in that area. 1 don't recall that 16 we painted the Aroclor department. It 17 1 did. 17 took about two weeks. And that's the 18 Q. While we are on that subject, where is 18 only time 1 ever worked in there. 19 the chlorine department and the 19 Q. During that two weeks was the Aroclor 20 parathion department in relation to the 20 department in production? 21 former PCB department? 21 A. Yes. 22 MR. MYERS: At what point in time, 22 Q. Did you ever have any opportunity to 23 since it is thirty-two years? 23 learn of or witness the waste treatment Pages 29 - 32 HARTOLDMONO018910 Page 33 Page 35 1 capability in the Aroclor department? 1 supervisor, that was implemented to your 2 A. No. 2 knowledge about eating on the job? 3 Q. Did anyone ever tell you this is how 3 A. You ate in the lunchroom. That was just 4 waste is handled over in the Aroclor 4 common sense and common, you know. You 5 department? 5 ate in the lunchroom. 6 A. No. 6 Q. Did you ever have the opportunity to 7 Q. Do you know if men who worked in the 7 punish anybody in your management role 8 Aroclor department had the same health 8 for not abiding by that rule? 9 and safety guidelines as your 9 A. No. 10 department? 10 Q. Was it a formal rule, or was it just 11 A. 1 assume they did. 11 well known? 12 Q. But you don't know if they had the same 12 A. Well, 1 don't recall it was a formal 13 or different? 13 rule. 14 A. No. 1 didn't work over there. 14 MR. COLEMAN: Let me take just a 15 Q. Did you ever have the opportunity to 15 minute. 16 witness any spills in the Aroclor 16 (Discussion held off record.) 17 department? 17 Q. Did you ever have any involvement with 18 A. No, 1 did not. 18 associates at the Krummrich plant? 19 Q. Did anyone ever say to you we had a 19 A. No, other than, you know, meeting some 20 spill the other day in the Aroclor 20 of them maybe when 1 would go to St. 21 department? 21 Louis or something. 1 can't even recall 22 A. No. 22 one of them's name right now. 23 Q. Did you ever see any warning labels on 23 Q. Okay. Do you know if -- Strike that. Page 34 Page 36 1 products that were made in the Aroclor 1 Did you ever have any involvement 2 department? 2 with the incinerator at the plant? 3 A. What kind of warning? 3 A. Uh-huh, yes. 4 Q. On the outside of drums. 4 Q. Tell me about that involvement. What 5 A. 1 don't recall, no. 5 did you do with regards to that? 6 Q. In the chlorine department and the 6 A. Okay. As a relief chief operator, 1 7 parathion department, where did you take 7 operated the incinerator for that short 8 your breaks? 8 period of time there. And then as a 9 A. We had a lunchroom area. 9 foreman, 1 was in charge of the 10 Q. And were those lunchroom areas separate 10 incineration. 11 for the chlorine department? Was it 11 Q. And was that incinerator devoted 12 separate from the parathion department? 12 specifically to the parathion 13 A. Yes. 13 department's waste? 14 Q. What were the rules about eating on the 14 A. Yes, that's correct. 15 job? 15 Q. Do you have any knowledge of PCBs being 16 A. 1 don't know what -- Ask me that again. 16 incinerated in that incinerator you were 17 Q. Sure. Sorry. Let's see the if 1 can 17 responsible for? 18 rephrase. Besides the lunchroom or the 18 A. No, no. 19 break room, did you personally ever eat 19 Q. Do you have any knowledge of PCBs being 20 foods when you were working on the job? 20 incinerated at the plant at all? 21 A. No. 21 A. No. 22 Q. Was there any policy, especially since 22 Q. Do you have any knowledge of any PCBs 23 you were relief foreman and first level 23 being sent from Krummrich to Anniston Pages 33 - 36 HARTOLDMON0018911 1 2 A. 3 Q. 4 5 6 A. 7 Q. 8 9 10 11 A. 12 Q. 13 14 15 A. 16 Q. 17 18 19 20 A. 21 Q. 22 A. 23 Page 37 for incineration? 1 No. 2 A. Do you have any knowledge of any PCBs 3 being sent from customers to Anniston 4 Q. for incineration? 5 A. No. 6 Did you have any responsibility in your 7 Q. entire tenure at Monsanto for the 8 A. disposal of waste materials to the 9 landfill? 10 Okay. Ask that again. 11 Did you have any responsibility during 12 your tenure at Monsanto for waste 13 products going to the landfill? 14 No. 15 Q. Do you know anyone who was responsible, 16 particularly in the Aroclor department, 17 A. for waste products going to the 18 Q. landfill? 19 A. Okay. 1 know the foreman over there. 20 Okay. Who is that? 21 Give me a minute. Barker Curry was one 22 Q. of them's name back in the '60s. And 23 Page 39 the plant during your time there? Okay. Across the highway, 202, up there on the hill, across the highway. When was 202 put in? It was there before. 1 guess it has always been there. There when you got there? Yes. MR. NEWSOM: Just so you will know, it changed -- It was there, but it changed direction a little bit and became four lanes. But that was early '80s. But the landfill you are talking about is across 202 from the plant? Yes. Any other landfills that you know about? No. MR. NEWSOM: We'll take you to see it if you want, Harrison. In the parathion department and the chlorine department, what type of Page 38 Page 40 1 the other one was a little guy, and 1 1 ventilation was used inside? 2 can't think of what his name was. 1 2 A. Had fans and -- had fans in the chlorine 3 can't recall. 3 department more or less for heat, you 4 Q. Did you ever hear that PCB waste 4 know. It was like an open -- The cell 5 products were being sent to the 5 room was like an open area. It wasn't 6 landfill? 6 completely enclosed. And then the 7 A. No, sir. 7 parathion, it was -- We had air 8 MR. MYERS: Object to the form. 8 conditioning, had a big air conditioner. 9 At what point in time? 9 Q. When you say it wasn't completely 10 MR. COLEMAN: 1 want to know 10 enclosed, could it rain in? 11 during his tenure. He got 11 A. Yeah. In one end it could, yeah. 12 there in '64 and it shut down 12 Q. Do you have any knowledge about 13 thereafter. 13 ventilation over in the Aroclor 14 MR. MYERS: Okay. We have just 14 department? 15 been talking about some 15 A. No, 1 do not. 16 different time periods. 16 Q. Do you know where Snow Creek is? 17 Q. I'll repeat the question. In your 17 A. Yes. 18 tenure did you ever know of the fact 18 Q. Do you have any knowledge of any waste 19 PCBs were being -- PCB waste products 19 products being put in Snow Creek? 20 were being deposited in the landfill? 20 MR. NEWSOM: Object to the form. 21 MR. MYERS: Object to the form. 21 A. No, 1 do not. 22 A. No. 22 Q. Did you ever have the opportunity to 23 Q. Where were the landfills in relation to 23 walk down to Snow Creek for a visit? Pages 37 - 40 HARTOLDMON0018912 1 A. 2 3 4 Q. 5 6 A. 7 8 9 10 Q. 11 12 A. 13 14 Q. 15 A. 16 Q. 17 18 A. 19 Q. 20 A. 21 Q. 22 23 A. Page 41 Okay. The Snow Creek I'm aware of is 1 the one down at Oxford. Is that the one 2 you are talking about? 3 Well, you tell me the one you are 4 thinking about. 5 Q. That's what I'm thinking about, the one 6 down at Oxford. That is what 1 know of 7 A. as Snow Creek. And no, 1 have not had 8 Q. an opportunity to go down there. 9 A. Are you aware of any testing done on the 10 Q. soil around the plant? 11 A. Yes. 12 Q. MR. MYERS: Object to the form. 13 What is your knowledge of those tests? 14 What 1 read in the paper. 15 Okay. And what have you read in the 16 A. paper about those tests? 17 That there is soil testing going on. 18 Q. For what products particularly? 19 PCB. 20 And do you know what the results of 21 those tests were? 22 A. No, 1 don't. 23 Q. Page 43 very little contact with the plant since then. 1 live in the northern part of the county, and like 1 said, they don't recognize us. Are you aware of any fish advisories in this area? Yes. Flave you seen those fish advisories? No, other than the paper. Do you fish? No. Were you ever told or have you ever learned that PCBs can have permanent effects on the human body? MR. MYERS: Object to the form. I've not ever learned but have read about it in the paper. Okay. Did anyone at Monsanto ever say that to you specifically? MR. MYERS: Object to the form, same objection. No. Were you ever told that potential toxic 1 Q. 2 3 4 A. 5 Q. 6 7 A. 8 9 10 Q. 11 A. 12 Q. 13 14 15 A. 16 Q. 17 18 A. 19 Q. 20 21 22 23 A. Page 42 Do you know about any tests done on the 1 air around the plant? 2 MR. MYERS: Object to the form. 3 Yes. 4 And what do you know about tests on the 5 air around the plant? 6 1 know that back in the '60s and '70s 7 A. they did monitoring, air monitoring 8 Q. around the plant. 9 For what products? 10 I'm not sure. 1 don't know for what. 11 Do you know whether Monsanto has ever 12 done any tests on animals for its 13 products? 14 No, 1 don't. 15 Flow about any epidemiological studies, 16 human studies? 17 I'm not aware of any. 18 A. Okay. Besides reading in the newspaper 19 Q. about soil tests on PCBs, do you have 20 any other source of information about 21 A. those tests? 22 Q. No. 1 retired in 1996, and 1 have had 23 Page 44 effects of PCB exposure includes liver injury, chloracne, and injury to cellular tissue? MR. MYERS: Let me object to the form of the question. Go ahead. Ask it again. Have you ever been told that the potential toxic effects of PCB exposure include liver injury and chloracne and injury to cellular tissue? MR. MYERS: Let me object to the form again as the question is vague and ambiguous as to the terms cellular injury, among the other terms, but especially as to that term. The answer is no. Do you know what the -- Have you ever had your blood tested for PCBs? No. Do you know if anyone in your family has ever had their blood tested for PCBs? Pages 41 - 44 HARTOLDMON0018913 Page 45 Page 47 1 A. No. 1 A. Yes. 2 Q. Have you ever been diagnosed with 2 Q. Did you ever hear of a meeting of 3 cancer? 3 retired workers conducted by Monsanto in 4 A. No. 4 relation to the lawsuits that have been 5 Q. Have you ever been tested? 5 filed against Monsanto? 6 A. Yes. Like what, you mean -- What kind 6 MR. MYERS: Object to the form. 7 of tests? 7 A. There has been several retiree meetings. 8 Q. Do you -- How often do you go to the 8 1 don't know what the form was. 1 don't 9 doctor? 9 go. 1 haven't been. We travel a lot, 10 A. I've just had a colonoscopy done a few 10 and 1 have missed all of them. 1 11 months ago, and it was clear. And I've 11 haven't been to one in two or three 12 just had a prostate examination just a 12 years. 13 few weeks ago. And I'm going back next 13 Q. Okay. Are you aware of an incident that 14 week for a followup visit, and it is 14 happened at Monsanto a number of years 15 clear. 15 back where Monsanto bought some local 16 Q. All right, sir. Have you ever smoked? 16 hogs around the plant? 17 A. No. 17 A. No. 18 Q. Anyone in your family smoke? 18 Q. Okay. And are you getting a pension 19 A. No. Well, my son does. He is forty-one 19 from Monsanto? 20 years old and lives in North Carolina. 20 A. Yes. 1 got a pension. 1 got a lump sum 21 MR. NEWSOM: Everybody smokes in 21 pension. 22 North Carolina. 22 Q. Any benefits at all still coming in from 23 Q. Did you ever hear of any tests done on 23 Monsanto? Page 46 Page 48 1 PCB levels in birds? 1 A. I've got medical benefits. 2 A. No. 2 Q. Is that for life? 3 Q. Ever read about that in the paper? 3 A. As far as 1 know. 1 hope so. 4 A. Not that 1 recall. 4 Q. Do you have any family working for 5 Q. Did you ever have the opportunity to 5 Monsanto now? 6 meet a Dr. Renate Kimbrough? 6 A. No. 7 A. No. The name is not familiar. 7 Q. Do you have any friends still there? 8 Q. Before this deposition and besides 8 A. Yes. 9 meeting with your two lawyers here, have 9 Q. Are they social friends or business 10 you ever met with Monsanto lawyers? 10 friends? 11 MR. MYERS: He has never met 11 A. Friends 1 made when 1 worked there. 1 12 Mr. Newsom until after the 12 have had very little contact with the 13 deposition began. 13 plant in the last six years. 14 A. Ask that one more time. 14 Q. And is that the same for your friends 15 Q. Besides today have you ever had an 15 there? Have you had contact with them? 16 opportunity to meet with Monsanto 16 A. Very little contact. 17 lawyers? 17 Q. Have you had an opportunity to talk with 18 A. Yes. 18 them about your deposition here today? 19 Q. And where was that? 19 A. No. Jerry Brown called me and told me 20 A. 1 gave a deposition like in the last 20 about it. That is the only one I've 21 year or two, whenever that was, and that 21 talked to. 22 was it. 22 Q. Okay. And who is Jerry Brown? 23 Q. That was the only time? 23 A. He was a superintendent. He was a Pages 45 - 48 HARTOLDMON0018914 Page 49 Page 51 1 superintendent there at the plant. I 1 I do hereby certify that the witness 2 think now he is like the coordinator 3 between the plant and Monsanto lawyers I 4 guess. I don't know. I mean, I don't 5 know what his position -- He is retired. 6 Q. What did you talk about? 2 whose attached deposition was taken before me 3 was by me first duly cautioned and sworn to 4 tell nothing but the truth in the cause 5 aforesaid; that the testimony contained herein 6 was by me reduced to writing in the presence 7 of said witnesses by means of stenography and 7 A. He called me and asked me if I would be 8 afterwards transcribed by means of computer 8 available to give a deposition, and he 9 aided transcription. The foregoing is a true 9 told me when. It was actually scheduled 10 yesterday to start with and then changed 11 to today. 12 Q. Anything else? 13 A. No. Not really other than he said it 14 would be about the same as before, you 10 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 Ido further certify that I am not 13 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 I am not an employee of any of them, nor 16 interested in the matter of controversy. 15 know, the other one I gave, said it was 17 IN WITNESS WHEREOF, I have hereunto set 16 Donald Stewart's case. 18 my hand and affixed my notarial seal at 17 Q. Did he give you any pointers on what to 18 say? 19 A. No. 20 Q. Did you ask him for any? 21 A. No. 19 Gadsden, Alabama, County of Etowah, this 6th 20 day of January 2002. 21 _________________________________________ Deborah Salers Garrett 22 Certified Shorthand Reporter Registered Professional Reporter 22 MR. COLEMAN: Okay. That's all I 23 Notary Public, Alabama-at-Large 23 have. My Commission expires: 3-6-05 Page 50 1 2 3 (The deposition concluded at 4 10:10 a.m.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Pages 49 - 51 HARTOLDMON0018915 [& - atlanta] Transcript Word Index & & 1:16 2:3,8 1 10:10 50:4 10019 2:4 1355 2:8 1633 2:4 17th 8:20 1959 7:9 1961 7:13,22 1964 10:16,18 11:2,8,20 12:15 14:15,17,20 28:13 1966 7:13 1969 7:15 8:19 32:12 1971 9:2 1972 11:8,9,21 12:15 16:13 1973 9:2 11:22 17:10 1980s 17:11 1991 7:17 1996 10:23 12:1 20:1 42:23 2 2001 1:15 3:84:1 2001-832 1:5 2002 51:20 202 39:2,4,16 255 6:6 28 1:15 3:7 4:1 29th 8:4,4,9 3 91 3 2:12 30309 2:9 6:15,16 8:14 9:8 96 11:2,18________ a 35901-0755 a.m. 1:21 1:15 3:8 50:4 3-6-05 abernathy 51:23 1:3 4 abiding 4 2:17 400 1:17 51 2:13 5 35:8 accurate 51:10 action 1:5 activities 13:10 actual 6 17:22 6 added 2:21 27:18 60s address 37:23 42:7 6:5,13 8:1 64 addresses 11:6 14:21,23 16:10 26:4,4 6:22 8:15,18 26:6 28:14 38:12 adhere 66 19:9 21:18 7:15,22 administering 69 17:2 7:15,178:14 administrative 6th 20:16 51:19 advisories 7 43:5,8 affixed 70s 51:18 42:7 aforesaid 71 51:5,11 15:1 agents 72 51:14 14:15,23 16:10 ages 73 9:16 9:7,7 11:10,12,12,22 16:13 aggressive 24:13 22:9 750 ago 2:8 45:11,13 755 agreed 1:21 3:2,9,15,22 8 agricultural 80s 11:15,22 12:1 20:1 24:14 24:21 39:14 9 9:00 1:143:8 20:6 ahead 28:19 44:6 aided 51:9 air 40:7,8 42:2,6,8 al 1:3,6 alabama 1:1,2,18,21 3:6,7 4:1 6:4 7:10 10:11 51:19,23 alan 23:15 ambiguous 44:14 animals 42:13 ankeny 24:5,15 anniston 1:173:7 4:1 6:8,18,23 7:11 7:12,16,17,22 8:15 9:23 36:23 37:4 answer 28:19 44:18 anybody 35:7 apartment 8:19 approximately 7:10 april 10:16 11:6 26:4 area 30:16 34:9 40:5 43:6 areas 34:10 aroclor 31:3,13,20 32:6,16,19 33:1 33:4,8,16,20 34:1 37:17 40:13 aroclors 26:7 asked 49:7 asking 5:1 12:10 aspects 21:4 28:22 assessment 14:13 assign 3:19 associates 35:18 assume 25:14 33:11 ate 35:3,5 atlanta 2:9 HARTOLDMON0018916 [attached - curry] attached 2:23 51:2 attorneys 5:11 51:14 available 49:8 avenue 8:20 aware 41:1,1042:1843:547:13 b back 7:14,16,18 9:8 18:21 23:8 25:12 32:12 37:23 42:7 45:13 47:15 bank 1:17 barker 37:22 basically 20:6 21:1 began 46:13 benefits 47:22 48:1 benson 2:3 best 7:7 23:12 better 4:19 big 40:8 birds 46:1 bit 31:23 39:12 blood 44:20,23 51:13 bluff 10:11 bob 25:2,3 body 43:14 bolls 25:1 borders 25:2 born 9:22 10:3,4 bottom 13:15 bought 9:3 47:15 break 5:7 34:19 breaks 34:8 brief 12:10 brine 27:18 28:2 broadway 2:4 brother 19:18 brown 48:19,22 building 1:17 business 48:9 byproduct 26:16,18 28:5__________ c calhoun 1:2 call 22:5 called 13:5 17:17,1848:1949:7 cancer 45:3 capability 33:1 career 23:5 29:8 30:12 Carolina 45:20,22 carpenter 23:15 case 4:11 49:16 cause 51:4 caustic 26:12,16 28:5 cautioned 51:3 cell 13:6,7 27:10,13 40:4 cells 27:22,23 cellular 44:3,11,15 center 31:4,7 certificate 2:13 certified company 1:1251:22 1:6 certify completely 51:1,12 40:6,9 change compliance 20:1221:4 3:13 changed computer 11:1320:1539:10,11 49:10 51:8 charge concluded 20:23 21:8 36:9 50:3 chemicals conditioner 28:17 30:3 40:8 cheryl conditioning 9:3 40:8 chief conducted 11:9,10,21 16:10,14,15,16 47:3 16:17 17:7 18:23 23:21 connected 36:6 51:13 child consisted 10:3 12:19 children consolidated 9:12,14,15,22 10:1,2 1:6 chloracne contact 44:2,10 43:1 48:12,15,16 chlorine contained 12:18,20 13:8,23 14:3 27:21 51:5 25:13,15,21 26:8,17 27:1,3 controversy 28:1,4 30:10,1931:11,13 51:16 32:9 34:6,11 39:23 40:2 coordinating circuit 20:20 1:1 coordinator civil 49:2 1:5 correct clear 16:11,12 17:1236:14 45:11,15 counsel close 3:3,17,18 24:5 county clothing 1:1,2 43:351:19 18:16 29:5 couple coleman 4:158:11 2:3,17 4:8,10 5:18 35:14 course 38:10 49:22 32:5 colonoscopy court 45:10 1:1 3:144:22 combination courtesy 20:10 5:3 coming covered 47:22 17:1 commencing creek 1:14 16:6 40:16,19,2341:1,8 commission crew 51:23 16:19 commissioner csr 1:14 3:6,23 3:5 common curry 35:4,4 37:22 HARTOLDMON0018917 [customers - foregoing] customers discuss 37:4 29:21 cut discussing 20:7 32:12 28:21 cutback discussion 32:13 5:22 35:16 cv dismantled 1:5_____________________ 30:11 d disposal data 30:14 37:9 docking dates 11:4 15:1 daughter 9:17,19 day 12:11 33:20 51:20 deborah 1:12 3:5 51:21 deceased 24:1 decernber 1:15 3:7 4:1 defendants 1:7 2:6 department 12:4,7,16,19 13:23 14:22 15:3,8,18 17:16,23 25:13 25:15,21,23 26:8 30:10,19 30:20,21 31:2,3,12,13,14 31:19,20,21 32:6,9,10,14 32:16,20 33:1,5,8,10,17,21 34:2,6,7,11,12 37:17 39:22 39:23 40:3,14 department's 36:13 22:20 doctor 45:9 document 5:10 documents 5:12 donald 49:16 dr 46:6 drive 6:6 9:3 drum 15:4 drummed 27:3 drums 34:4 due 31:4,15,22 duly 4:4 51:3 duties 17:4 20:16,17 deposited e 38:20 earlier deposition 27:8 1:9,11 3:4,10,11,20 4:17 early 5:10 24:20 25:7 46:8,13,20 39:14 48:18 49:8 50:3 51:2 easier depositions 4:21 3:14 4:16 east describe 6:10 8:4 31:4 17:13 eat devoted 34:19 36:11 eating diagnosed 34:14 35:2 45:2 ed different 25:1 15:9,10,12 22:1 33:13 edward 38:16 2:7 direction effect 39:12 3:12 effects 43:14 44:1,9 either 32:8 electrolysis 28:3 employee 51:15 enclosed 40:6,10 entail 16:22 entire 31:19 37:8 epidemiological 42:16 equipment 12:20 13:3 14:6 error 22:3 especially 34:22 44:17 esq 2:3,7,7 et 1:3,6 etowah 1:1 51:19 eulaton 8:23 everybody 45:21 evidence 3:21 examination 4:7 45:12 examined 4:5 example 16:7 exhibit 5:23 exhibits 2:22,23 expires 51:23 explain 28:1 exposure 44:1,9________ f fact 38:18 failed 19:9 failing 21:18 fair 14:12 fall 14:20 26:4 familiar 6:7 13:16 46:7 family 10:13 44:22 45:18 48:4 fans 40:2,2 far 6:7 8:9 10:13 22:14 48:3 fewer 20:22 fifty 31:9 file 22:13,13 filed 47:5 filing 3:23 filled 16:17 finish 5:1 finished 17:18 first 4:45:9 11:14,17 12:2,18 15:4 20:1,4,13,23 21:6 23:10,13 24:22 28:8 34:23 51:3 fish 43:5,8,10 fite 1:16 five 6:9 9:19 10:7 15:9,10 flowed 27:22 flows 15:21 follows 4:5 followup 45:14 foods 34:20 force 3:12 foregoing 51:9 HARTOLDMON0018918 [foreman - jerry] foreman 11:11,12,23 17:11,15,19 19:5,1320:7,7,10,11,13 21:5 23:22 24:2,11 34:23 36:9 37:20 forgive 13:14,19 form 3:18 21:22 28:18 38:8,21 40:20 41:13 42:3 43:15,20 44:5,13 47:6,8 formal 35:10,12 former 30:21 forth 1:19 13:13 15:22 20:21 forty 9:17 45:19 four 5:17,198:1339:13 frame 26:6 friedman 2:3 friends 48:7,9,10,11,14 full 3:12 4:12 furnished 18:16 further 51:12__________________ ___________ g__________ gadsden 1:21 7:9 10:5,1251:19 garrett 1:12 3:5 51:21 gear 18:12,14,19 general 17:3,4 32:15 generally 12:13 20:3 32:4 georgia 2:9 getting 47:18 give 4:20,21 5:2 21:21 26:3 37:22 49:8,17 given 4:1720:1551:11 giving 5:4 glasses 18:15 gloves 21:12 go 5:8 6:22 10:18 11:19 12:4 16:14 20:2 22:14 25:12 28:9,19 35:20 41:9 44:5 45:8 47:9 goggles 18:15 19:21 21:1229:4 going 11:1,19 12:4 28:16 37:14 37:1841:1845:13 good 25:10 31:6 goods 17:18 grandchildren 10:6,7 grounds 3:19 guess 7:13 23:8 31:9 32:1 39:5 49:4 guessing 31:10 guidelines 33:9 guy 38:1 guys 24:16_________________ h hale 24:8,15 half 9:5,6 hand 51:18 handing 18:18 19:8,19 handled 13:10 33:4 hanvey 23:22 happened 47:14 hard 18:16 29:4 harrison 2:3 4:9 39:21 harry 24:4,15 hat 18:16 hats incident 29:4 47:13 health incidentally 18:5,23 19:15 21:3,19 23:2 28:8 29:21 33:8 incinerated hear 36:16,20 38:4 45:23 47:2 incineration heat 36:10 37:1,5 40:3 incinerator held 36:2,7,11,16 5:22 11:4 35:16 include helms 20:17 44:10 2:8 included hereto 17:20 2:23 includes hereunto 44:1 51:17 indicating highway 7:23 12:3 14:2,7 16:3 17:6 39:2,3 21:13 hill individuals 39:3 15:13 19:1 hire information 29:15 42:21 hired injury 29:10,18 44:2,2,10,11,15 hiring inside 29:11 12:22 13:1,5,23 14:3 40:1 hogs interested 47:16 7:21 51:16 hokes intermediate 10:11 17:16,20 home intermediates 6:21 17:19 hoots interview 25:2 28:10,13 hope interviewing 48:3 29:7 house interviews 9:3 29:12,16,19,22 30:9 huh introduced 7:23 12:3 14:2,7 16:3 17:5 4:10 21:13 36:3 involvement human 35:17 36:1,4 42:17 43:14 issue hundred 18:10 31:9,17 32:3 issued 18:12 identification 2:23 6:2 items 15:7___________________ image j 13:17 jack implemented 23:14 35:1 january impossible 51:20 14:9 jerry 1:9,11 2:163:44:3,14 HARTOLDMON0018919 [jerry - ne] jerry (cont.) laws lump mike 48:19,22 3:13 47:20 25:1,2,4 jim lawsuits lunchroom mile 23:15,22 47:4 34:9,10,18 35:3,5________ 9:5,5 job lawyers m miles 10:18 11:2,13 12:11,13 46:9,10,17 49:3 15:4 16:9 18:2 25:15 28:10 layoff 28:13 34:15,20 35:2 32:13 jobs leading 12:5,7,23 15:6,9 17:1 3:18 kasowitz 2:3 ken 24:8,15 k learn 32:23 learned 43:13,16 letter making 16:23 17:1 18:11 19:20 maloy 23:14 manage 15:13 management 17:4,5 35:7 manner 19:3 kept 27:15,17,19 kimbrough 46:6 kind 13:20 34:3 45:6 know 4:19 5:7 7:6 17:23 18:8 21:7 23:1 24:20 25:7 31:10 33:7,12 34:16 35:4,19,23 37:16,20 38:10,18 39:10,18 40:4,16 41:7,21 42:1,5,7,11 42:12 44:19,22 47:8 48:3 49:4,5,15 knowledge 23:12 35:2 36:15,19,22 37:3 40:12,1841:14 known 35:11 krummrich 35:18 36:23______________ I labels 33:23 laborer 32:15 landfill 37:10,14,19 38:6,20 39:15 landfills 38:23 39:18 lanes 39:13 large 3:7 51:23 late 11:10,12 14:23 law 1:16 lawrence 2:7 22:12 level 11:14,17 12:2 20:1,4,7,9,14 20:23 21:6 22:19 23:10 24:22 34:23 levels 22:1 46:1 life 7:4,5 48:2 liquid 27:5 listed 25:9 little 22:9 31:4,23 38:1 39:12 43:1 48:12,16 live 6:3,17 7:18 10:8,9 43:2 lived 6:12,13,14,18,23 7:1,8,10 7:12,16,21 8:2,4,14,21 9:2 9:7 liver 44:1,10 lives 10:9,10 45:20 Up 2:3 local 47:15 located 31:4 long 6:12 looking 19:17 lot 47:9 louis 35:21 march 10:23 11:18 marked 2:20,22 6:1 marriage 51:13 married 7:9 8:23 9:10 material 27:5 30:14 materials 20:18 26:15,23 27:15 37:9 matter 51:16 mccarty 23:15 mean 45:6 49:4 means 51:7,8 medical 48:1 meet 46:6,16 meeting 35:19 46:9 47:2 meetings 47:7 memory 25:10 men 18:5,12 20:22 33:7 mental 13:17 mercury 26:12,22 27:20 28:2 30:7,8 met 46:10,11 mid 11:23 6:98:11,139:1,4 miller 1:16 mind 10:17 11:1 minute 21:1 24:4 35:15 37:22 missed 47:10 mistake 22:3 monitored 15:5,21 monitoring 12:20 13:12 14:5 15:17 18:2 42:8,8 monsanto 1:6 7:4 10:15,20 28:9 30:12 37:8,13 42:12 43:18 46:10 46:16 47:3,5,14,15,19,23 48:5 49:3 month 26:3 months 14:17,20 25:22 26:2,3 32:1545:11 moore 2:8 moved 7:2,9,11,14,16,18 8:19,22 8:23 9:8 mullally 25:1 mullis 2:8 myers 2:7 5:16,21 14:8 21:14,16 23:4 28:18 30:22 38:8,14 38:21 41:13 42:3 43:15,20 44:4,12 46:11 47:6________ n name 4:9,12 23:14,23 25:5 35:22 37:23 38:2 46:7 names 24:18 nashville 10:10 ne 2:8 HARTOLDMONO018920 [near - protective] near okay (cont.) paper plant (cont.) 8:6 21:3 22:1023:7,11,1324:7 41:15,1743:9,1746:3 36:20 39:1,16 41:11 42:2,6 necessary 24:8,12,15,19 25:8 26:7 parathion 42:9 43:1 47:16 48:13 49:1 3:16 27:15,21 28:5 29:11 30:12 14:22 15:3,5,8,18 17:15 49:3 need 31:3,22 32:4 35:23 36:6 25:18,22 30:20 31:18,21 plants 13:17 14:8 37:11,20,21 38:14 39:2 32:9,13 34:7,12 36:12 20:20 new 41:1,1642:1943:1847:13 39:22 40:7 please 2:4,4 47:18 48:22 49:22 pardon 4:12 newsom old 25:20 plod 2:7 39:9,20 40:20 45:21 45:20 part 13:20 46:12 older 27:10,13 43:2 point newspaper 10:1 particularly 22:3 30:22 38:9 42:19 once 37:1741:19 pointers nine 22:17 parties 49:17 9:18 ones 3:351:14 policy north 23:18 oav 34:22 45:20,22 open 5:3 22:20 position northeast 40:4,5 pcb 49:5 6:11 operated 30:21 31:1 38:4,19 41:20 possession northern 36:7 44:1,9 46:1 5:13 43:2 operator pcbs potential northwest 11:7,8,9,10,20,21 12:15 30:14 36:15,19,22 37:3 43:23 44:9 31:23 13:22 14:16,23 15:15 16:11 38:19 42:20 43:13 44:20,23 potentially notarial 16:14,15 17:8 19:1423:9 peachtree 28:17 30:2 51:18 23:16,17 25:14,16 36:6 2:8 presence notary operators pension 51:6 3:6 51:23 15:10 16:18 17:22 47:18,20,21 present notice opportunity people 22:8 3:22 5:10 30:13 32:5,22 33:15 35:6 16:23 19:20 21:9,18 25:9 pretty november 40:22 41:9 46:5,16 48:17 29:10,15,18 14:1225:10 26:5 ordered period prior number 21:7 36:8 3:21 5:23 8:3 47:14___________ ordering periods probably o 20:18 38:16 4:198:139:1925:11 31:17 object 28:18 38:8,21 40:20 41:13 42:3 43:15,20 44:4,12 47:6 objection 43:21 objections 3:16,19 October original 26:22 originally 6:20 outside 12:22 13:1,2,3,4,11 27:8,12,16,19 34:4 outskirt 14:1,4 26:5 offered 10:12 overalls 2:20,23 3:21 office 22:5 offices 1:16 21:11 overtime 17:2 oxford 10:9 41:2,7______________ oh P 28:23 packaged okay 27:4 5:5 6:13,19 7:2,20 8:6,16 page 8:19,21 9:7,10 10:17 11:3,6 2:11,165:16,18 11:7,16,19 12:9 13:10,21 painted 14:11 15:16 18:17 19:23 32:16 permanent 43:13 person 22:2 personally 34:19 personnel 22:13 physical 16:5 piedmont 6:4,7,14,20 7:2,8,14,18 9:9 pike 9:1 place 18:9 plaintiffs 1:4,15 2:2,20 4:11 5:23 plant 8:6,9,13,18 9:2,4,6 13:17 13:18 16:6 22:7 23:3 27:9 31:1,5,8 32:15 35:18 36:2 32:3 process 28:2 procuring 21:11 produced 13:9 production 5:12 12:21 13:2 17:21 20:19,21 26:17,23 28:3 32:20 products 26:10 34:1 37:14,18 38:5 38:1940:1941:1942:10,14 professional 1:1351:22 proper 18:11 prostate 45:12 protective 29:4 HARTOLDMONO018921 [public - social] public relief retired (cont.) second 3:6 51:23 14:18 16:16 18:23 23:21 49:5 18:21 pump 25:16 34:23 36:6 retiree securing 13:12 remember 47:7 21:9 pumps 7:6,7 23:18 24:19 25:6 retirement seen 14:5 15:21 28:12,15,20,21 12:1 5:9,14 43:8 punish renate ridge sense 35:7 46:6 6:6 35:4 punishment rep right sent 18:18 19:8 21:18,22 22:8 6:167:8 11:1 14:11 16:9,13 5:11 36:23 37:4 38:5 pursuant repeat 21:16 23:6,19 26:14 35:22 separate 1:18 38:17 45:16 34:10,12 put rephrase road September 22:12 39:4 40:19_________ 34:18 4:16 8:2,6,12 26:5 q report question 7:3 12:6 24:8 38:17 44:5,13 questions 3:17,18 4:20,23 5:2,6 quinta rd 8:12 23:20 24:3,10,23 reporter 1:13,14 4:22 51:22,22 reporter's 2:13 reporting 1:20 r represent role service 14:16 15:16 17:14 18:22 1:20 19:4,14 20:12 21:3 35:7 set room 1:1851:17 13:6,7 27:11,1434:1940:5 sheets rpr 30:14 3:5 shift rule 15:11,14 16:20 17:5 35:8,10,13 shipments ram 4:11 rules 20:21 40:10 representative 3:13 4:15 23:3 34:14 shoes raw 22:6 running 18:15 20:18 26:15,23 27:15 requesting 15:7 17:23 short read 5:19 14:1041:15,1643:16 46:3 reading 3:10 42:19 real 13:16 really 7:5 49:13 recall 23:6,15 27:13 30:4,15,16 34:5 35:12,21 38:3 46:4 recognize 43:4 record 5:20,21,22 35:16 reduced 51:6 regards 36:5 regional 1:20 registered 1:13 51:22 relating 3:14 relation 8:18 30:20 31:12,20 38:23 47:4 5:11 s 36:7 requirements 19:1021:19 residences 7:20 respective 3:3 response 4:20 5:2 responses 5:4 responsibilities 12:8,12,13,17 13:19 15:2 15:12 16:15,21 17:13 18:1 20:4 responsibility 14:5 15:19 18:4,7,22 19:15 37:7,12 responsible 16:4,19 18:8,10,17 19:7,19 21:17 36:17 37:16 result sabrina 1:3 safe 18:9 safety 18:5,11,14,15,15,19,23 19:9,16 21:4,19 23:3 28:22 29:21 30:14 33:9 saks 8:2,2,6 salers 1:123:551:21 salt 26:11,22 27:17,17 samples 15:20,23 16:5 sanford 1:9,11 2:16 3:4 4:3,9,14,15 6:3 saying 23:16 shorthand 1:1351:22 shut 38:12 side 17:16,20 sides 17:17 signature 3:10 sir 4:136:16 11:1 25:1926:1 ,9 38:7 45:16 six 6:14 15:9,10 48:13 smith 2:8 smoke 45:18 smoked 45:16 29:16,18 scheduled smokes results 49:9 45:21 41:21 scheduling snow retire 10:19,22 retired 11:18 24:22 42:23 47:3 17:21,21 20:19 seal 51:18 16:6 40:16,19,2341:1,8 social 48:9 HARTOLDMONO018922 [soda - vapor] soda 26:12,16 28:6 soil 41:11,1842:20 sold 26:20,21 someone's 22:20 son 9:17 45:19 sorry 21:1534:17 sort 21:10 source 42:21 southtrust 1:17 speak 14:19 19:1827:11 speaking 19:3 20:3 32:4 specifically 30:4 36:12 43:19 spell 23:23 spend 32:5 spent 32:11 spill 33:20 spills 33:16 St 35:20 start 10:14 12:14 23:8 49:10 started 11:6 28:8 29:1 starting 23:17 state 1:1 4:1,12 stenography 51:7 step 22:12 stepchild 10:4 stepdaughter 9:20,21 Stewart's 49:16 stipulated 3:2,9,15,22 stipulations ten title 1:182:12 25:9 11:13 stored tennessee titles 27:6 10:10 10:18 11:2,5 streams tenure today 15:20 16:1,2,5 7:4 12:14 22:16 23:20 24:2 46:1548:1849:11 street 31:1937:8,13 38:11,18 told 1:21 2:8 8:4,5,9,20 term 28:12,15 43:12,23 44:8 strike 44:17 48:19 49:9 35:23 terminate torres structure 22:22 2:3 13:5 27:12 terminated toxic studies 20:8,9 23:2 28:17 30:2 43:23 44:9 42:16,17 termination transcribed stuff 22:21 51:8 13:4 21:10 terms transcript subject 44:15,16 51:10 30:18 tested transcription suite 44:20,23 45:5 51:9 1:162:8 testified transferred sulfuric 4:5 1:2 14:21 26:11 testimony travel sum 51:5,11 47:9 47:20 testing treatment superintendent 41:10,18 15:6,17 18:2 32:23 48:23 49:1 tests trial supervisor 41:14,17,22 42:1,5,13,20 3:20 11:14,17 12:2 20:2,5,9,10 42:22 45:7,23 true 20:14,23 21:6 22:18 23:10 thank 51:9 23:13 24:22 35:1 14:12 truth supervisors thanks 51:4 23:7 24:11 25:9 trying suppose them's 13:15 24:5 35:22 37:23 turn sure thereto 5:15 8:3 11:15 16:23 17:1 18:6,9 3:21 twenty 18:11 19:20 31:11 34:17 things 6:9 42:11 13:1621:8 twice sworn think 22:17 4:4 51:3 5:16,1821:1 22:11 23:13 type t 24:4,17 25:4 26:13 32:11 taken 1:123:551:2 talk 22:2 26:2 48:17 49:6 talked 48:21 talking 27:7 29:11 38:15 39:15 41:3 tanks 13:4,12 27:6,7 tell 15:16 29:3 30:1,6 33:3 36:4 41:4 51:4 38:2 49:2 thinking 41:5,6 thirty 9:18,19 30:23 three 7:14 8:12 9:15 24:16 32:3 32:14 47:11 time 3:20,20 23:4,5,9 24:20 25:12 26:6 30:22 32:6,11 32:18 36:8 38:9,16 39:1 46:14,23 tissue 44:3,11 20:16 39:23 u uh 7:23 12:3 14:2,7 16:3 17:5 21:13 36:3 union 22:6,7,8 V vacation 14:18 16:17,18 vague 44:14 vapor 27:5 HARTOLDMONO018923 [various - 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