Document Rap2JYV90Rd25YJ59DkGxXEmv

Page 1 1 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY 2 CIVIL ACTION NO 3 JOAN MAERTIN, Executrix of 9 5?V0>8v4 the ESTATE OF LOTHAR MAERTIN, 4 JOAN MAERTIN, individually arid in her own right, et al. 5 Plaintiffs, ORAL DEPOSITION OF 6 vs JAMES WRIGHT 7 ARMSTRONG WORLD INDUSTRIES, INC., 8 Defendant/Third-Party 9 Plaintiff, 10 11 MONSANTO COMPANY and AMERICAN MINERAL SPIRITS COMPANY, 1-2 Third-Party 13 Defendants. 14 ** 15 Monday, Ap ril 19, 1999 k* 16 Transcr ipt in the above matter taken 17 at the offices of Latham & Watkins, Esquires, One Newark Center, 16th Floor, Newark, New 18 Jersey, commencing at 10:00 a.m. 19 APPEARANCES: 20 DUANE, MORRIS & HECKSCHER, ESQUIRES BY: MATTHEW TAYLOR, ESQUIRE 21 ATTORNEYS FOR THE DEFENDANT ARMSTRONG WORLD INDUSTRIES 22 23 CERTIFIED SHORTHAND REPORTING SERVICES ARRANGED THROUGH 24 ALAN L. LESKY & ASSOCIATES 185 TUCKERTON ROAD RECEIVED25 MEDFORD, NEW JERSEY 08055 (609) 983-3282 JUN 2 3 1999 ALAN L. LESKY & ASSOCIATES GER,DAVIDSON TOWOLDMONOQ51397 Page 2 1 2 APPEARANCES: (Continued) 3 LATHAM & WATKINS, ESQUIRES 4 BY: JOSEPH E. HOPKINS, ESQUIRE ATTORNEYS FOR THE THIRD-PARTY 5 DEFENDANT MONSANTO COMPANY 6 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, ESQUIRES 7 BY: CAROLYN F. O'CONNOR, ESQUIRE ATTORNEYS FOR THE THIRD-PARTY DEFENDANT 8 AMERICAN MINERAL SPIRITS COMPANY 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALAN L. LESKY ASSOCIATES TOWOLDMONOQ51398 Page 3 1 WITNESS INDEX 2 EXAMINATION OF MR. WRIGHT BY MR. TAYLOR Page 4 3 EXAMINATION OF MR. WRIGHT BY MS. O'CONNOR 4 Page 79 5 6 7 EXHIBITS 8 EXHIBIT INDEX 9 Appears at the Conclusion of the Transcript 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51399 WRIGHT Page 4 1 (JAMES WRIGHT, having been duly sworn, was 2 examined and testified as follows:) 3 (EXAMINATION OF MR. WRIGHT BY MR. TAYLOR:) 4 Q. Mr. Wright, how are you? My name's Matt 5 Taylor. We met in Olympia, Washington if you 6 remember -- 7 A. Yes. 8 Q. -- this past summer at your deposition. 9 Do you understand the purpose for which you've 10 been produced today? 11 A. I really -- I really don't because I felt 12 that we had -- had a pretty in-depth deposition 13 at the time but... 14 Q. Do you understand that you've been 15 produced as a corporate designee - 1 6 A. Yes. 17 Q. -- on the relationship between Monsanto 18 and AMSCO? 1 9 A. Yes. 20 Q. And what's your understanding of that -- 2 1 what's your understanding of that designation? 22 A. Well, obviously I must be the -- the key 23 person in the relationships with AMSCO and 24 Monsanto in the distributor relationship only. 25 Q. Why do you say obviously you must be? ALAN L. LESKY & ASSOCIATES TOWOLDMON00514QO WRIGHT Page 5 1 A. Well, I just assumed that that must be the 2 reason why I'm being deposed. 3 Q. Okay. And what did you do, sir, in 4 preparation for this deposition today? 5 A. Just reviewed my deposition of last -- the 6 last -- last July. 7 Q. And just a deposition transcript? 8 A. Yes. 9 Q. Did you review the exhibits that were 10 attached? 11 A. And also reviewed the exhibits. 12 Q. If you remember, and this is not -- by no 13 way a criticism, the court reporter can only 14 take down my question and then your answer. So 15 if you could, just wait. You may anticipate 1 6 what my question is going to be. If you could 17 just wait for me to finish my question - 18 A. Okay. 19 Q. -- and then answer, that would be a big 20 help. 21 Besides reviewing the deposition 22 transcript and the exhibits attached to it, did 2 3 you review any other documents? 24 A. No. 25 Q. Did you conduct any interviews of any ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51401 WRIGHT Page 6 1 people at Monsanto, whether current employees 2 or former employees? 3 A. No. 4 Q. And upon review of your deposition 5 transcript, did you find that your testimony 6 was taken down accurately? 7 A. Yes . 8 Q. And did you agree -- strike that. 9 Do you want to make any revisions or 10 modifications or changes to that testimony? 11 A. No. 12 Q. Did you review a notice of deposition for 13 this 30(b)(6) designation? 14 MR. TAYLOR: I'm going to mark it 1 5 anyway. I'll show it to you. You can look at 16 your notes. 17 (Exhibit Wright-1, Notice, is marked 18 for identification.) 19 BY MR. TAYLOR: 20 Q. Before I show you what's been marked as 2 1 Wright-1 with today's date, there are other 22 Wright documents with the July date. So we'll 23 make sure today's dates are on -- today's date 24 is on these designated exhibits. You were just 25 looking at something. What was that? May I ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51402 WRIGHT Page 7 1 see that? 2 MR. HOPKINS: Of course. 3 MR. TAYLOR: I just don't know if 4 there's any notes. 5 MR. HOPKINS: Just so the record's 6 clear, Mr. Wright handed Mr. Taylor a document 7 which is a Notice to Produce -- Notice to Take 8 Deposition and Produce Documents pursuant to 9 Federal Rule 30(b) (6) of Monsanto Company, 10 relationship between Monsanto and AMSCO. It's 11 a dep notice from Armstrong. This one's dated 12 March 5th, '98. 1 3 MR. TAYLOR: I'm going to show you 14 what's been marked as Wright-1, which is a 15 notice of 30(b)(6) deposition of Monsanto 16 Company regarding the relationship between 17 Monsanto and AMSCO and this was -- this notice 18 is dated April 6th, 1999. For the record, it 1 9 just was change of the venue of the deposition, 20 things like that. The contents are the same. 2 1 MR. HOPKINS: We had compared it. 22 It's identical to the other one except for the 23 date. 24 MR. TAYLOR: Fine. 25 BY MR. TAYLOR: ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51403 WRIGHT Page 8 1 Q. If you can take a look at that, sir, 2 Wright-1. 3 (Witness reviews document.) 4 BY MR. TAYLOR: 5 Q. Mr. Wright, do you understand that you've 6 been designated by Monsanto to speak on behalf 7 of the company? 8 A. Yes . 9 Q. And that your designation relates to the 10 relationship between Monsanto and American 11 Mineral Spirits Company between 1960 and 1978? 12 Do you know that? 13 A. Yes. 14 Q. And it goes on to say as that relationship 15 related to manufacture, sale, distribution or 16 marketing of PCBs or PCB-containing products. 17 Are you aware of that? ' 18 A. Yes. 19 Q. And do you feel that you are able to speak 20 to those topics within that time frame, 1960 to 2 1 1 978 ? 22 A. Through the distribution of the products 23 through AMSCO. 24 Q. Well, how about the relationship -- how 25 about the manufacture? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51404 WRIGHT Page 9 1 A. I'm not aware of how they manufactured the 2 product. 3 Q. How about the sale? 4 A. The sales of them, yes. 5 Q. How about the marketing? 6 A. And the marketing. 7 Q. Okay. And it goes on to say the scope of 8 this deposition is intended to include but not 9 limited to the following. And if you can just 10 follow along with me, if you would, on 11 Wright-1, and I don't have to read all of them, 12 you'll see one through three. Do you see that? 13 A. Oh, yes. 14 Q. Are you able to speak to number one, 15 beginning with the terms of any agreements? 16 A. To the best of my recollection. 17 Q. Well, do you have knowledge regarding the 18 subject matter of paragraph number one? 19 A. I don't understand. I don't understand 20 your question. 2 1 Q. If you can just read number one? 22 A. Yes . 2 3 Q.- I just want to know if you feel that you 24 are capable of answering questions regarding 25 what's in paragraph number one? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51405 WRIGHT Page 10 1 A. And I answered that, to the best of my 2 recollection. 3 Q. How about number two, beginning with any 4 meeting or communications? 5 A. And that would be the same, to the best of 6 my recollection. 7 Q. Do you have information regarding that? 8 A. Not only -- only that has been supplied to 9 me through my past deposition. 10 Q. And the exhibits? 11 A. And the exhibits. 12 Q. Okay. And number three, beginning with 13 the identities of all individuals known? 14 MR. HOPKINS: You know what? I'm 15 noticing I think he's referring to different 1 6 numbers than you are. You're referring to the 17 subparagraph before the deposition -- before 18 the document request portion, right? 19 MR. TAYLOR: Yes, I am. 20 MR. HOPKINS: Are you referring to 2 1 the bottom here, sir? He's referring to these 22 three up here. 2 3 THE WITNESS: I was referring to the 24 bot t om. 25 MR. HOPKINS: Why don't we begin ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51406 WRIGHT Page 11 1 again. He's referring to these one through as 2 opposed to the document request at the bottom. 3 So take a look at the top. 4 MR. TAYLOR: Thanks, Joe. 5 THE WITNESS: Okay. 6 MR. HOPKINS: If you wantto pose 7 your question again maybe. 8 MR. TAYLOR: Okay. 9 BY MR. TAYLOR: 10 Q. Well, do you -- are you confident that you 11 have information regarding number one, 12 beginning with the terms of any agreement? 13 MR. HOPKINS: Object to the form. 14 You may answer. 15 THE WITNESS: I'm not so sure that I 16 understand your question again. 17 BY MR. TAYLOR: 18 Q. Let's go back to your -- you understand 19 that you've been designated as the person 20 within Monsanto - 2 1 A. Yes. 22 Q. -- to address these topics? 2 3 A. Yes. 24 MR. HOPKINS: Object to the form. 25 BY MR. TAYLOR: ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51407 WRIGHT Page 12 1 Q. Do you understand that? 2 A. Yes . 3 Q. I just want to know whether you are 4 confident that you can address those -- do you 5 have information to address the topic in number 6 one ? 7 A. To the best of my recollection. 8 Q. Can you think of anyone else that is 9 better suited to address number one than you? 10 A. Not at this time. 11 Q. And the same question -- well, how about 12 the information in number two? Are you capable 13 of talking about the information in number two? 14 A. Yes. 15 Q. And then number three? 1 6 A. Yes, and to the best of my recollection. 17 Q. Okay. When you say to the best of your 18 recollection, have you -- besides looking at 1 9 your transcript and the documents that you - 20 that were attached to those -- that transcript, 21 did you -- were you supplied -- did you ask for 22 any additional information to review to prepare 2 3 for this deposition? 24 A. No. 25 Q. Was it suggested to you that you look at ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51408 WRIGHT Page 13 1 additional documentation? 2 A. No. 3 Q. Or conduct any interviews? 4 A. No. 5 Q. Sir, did Monsanto sell PCB-containing 6 plasticizers to AMSCO? 7 A. Yes. 8 Q. And unless I limit the time question, it's 9 in the -- in the time frame set forth in the 10 notice of deposition, that being 19 -- 11 MR. HOPKINS: '60 to '78. 12 BY MR. TAYLOR: 13 Q. '60 to 1978. Okay? Was AMSCO authorized 14 by Monsanto to sell PCB-containing plasticizers 15 to Armstrong Cork? 16 A. I don't -- I don't have any record of 17 that. The -- I don't recall anything specific. 18 We did not designate accounts to AMSCO. 19 Q. Do you have any reason -- strike that. 20 I believe just -- were they authorized 21 to - - 22 A. Yes. 23 Q. -- sell PCBs to Armstrong? 24 MS. O'CONNOR: Objection to form. 25 THE WITNESS: They were authorized to ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51409 WRIGHT Page 14 1 sell PCBs to their accounts. If it was 2 Armstrong, then that's -- that was their 3 volition. 4 BY MR. TAYLOR: 5 Q. And did, in fact, AMSCO sell 6 PCB-containing plasticizers to Armstrong? 7 A. Yes. 8 Q. And what's the basis for that answer? For 9 that answer? 10 A. I think we show records that they have 11 shipped to Armstrong PCB plasticizers. 12 Q. And what records are you referring to? 13 A. Well, they must be back in here someplace. 14 Q. Okay. If you could just take your time 15 and when you get to it, let me know. You know 16 what might be easier? I'll give you a version 17 of the transcript that has the tabs on it and 18 it will be helpful, too, the actual exhibit 1 9 tabs. Do you have it? 20 A. This is a letter from Beightol to American 2 1 Mineral Spirits concerning discontinuation of 22 PCB Aroclors. 2 3 Q. Can you tell me the exhibit number that 24 you're referring to? 25 A. 26 . ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51410 WRIGHT Page 15 1 Q. 26 of your deposition transcript in July? 2 A. Yes. 3 Q. Okay. Can you tell me where in this 4 letter confirms that AMSCO sold PCBs to 5 Armstrong Cork? 6 A. It doesn't there. 7 Q. Okay. Can you tell me why you referred to 8 -- referred me to Exhibit 26? 9 A. I just happened to flip the page and there 10 it was. 11 Q. Okay. Well, the question is if you could 12 locate the document which you referred to 1 3 regarding AMSCO's sales of PCBs to Armstrong. 14 A. I don't see it in anything in there that 15 indicates that we sold Aroclors to -- 1 6 Q. That's not the question. I want regarding 17 whether AMSCO sold PCBs or Aroclors, the 18 Aroclors which contained PCBs to Armstrong. 19 A. I don't have any record of that. It's not 20 here. 2 1 Q. You had seen something that indicated 22 that? 23 A. I can't answer that 'cause I don't know. 24 Q. Do you have any reason to believe, whether 25 through a document or through understanding ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51411 WRIGHT Page 16 1 orally, whether in preparation for this 2 deposition or at your -- at the time when you 3 were at Monsanto in the late sixties and 4 seventies that AMSCO sold PCBs, products 5 containing PCBs to Armstrong? 6 A. I don't have any recollection of that. 7 Q. On behalf of Monsanto, does Monsanto have 8 a position on where Armstrong purchased the 9 PCBs which were contained in the ceiling tiles 10 that it manufactured that were ultimately 11 placed at the Burlington County College, 12 Community College? 13 MR. HOPKINS: I'll object to the form 14 and note on one hand it calls for a legal 15 conclusion; on the other hand it goes beyond 16 the scope of his deposition, talking about the 17 relationship with AMSCO, but I'll allow him to 18 answer the question if he knows within his own 1 9 personal knowledge. 20 MR. TAYLOR: He's here on behalf of 2 1 Monsanto. 22 MR. HOPKINS: That's not an 2 3 appropriate notice for 30(b)(6) designation. 24 MR. TAYLOR: I just want to know ' 25 factually whether Monsanto knows whether PCBs ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51412 WRIGHT Page 17 1 were sold by AMSCO to Armstrong. 2 MR. HOPKINS: Okay. That wasn't your 3 question. If that's your question, then go 4 ahead. 5 MS. O'CONNOR: That's a different 6 question. 7 MR. TAYLOR: And specifically - 8 well, strike that. We'll start with that. 9 MS. O'CONNOR: Put my objection to 10 the question. 11 MR. TAYLOR: You can answer. 12 MS. O'CONNOR: Go ahead. 13 MR. HOPKINS: Go ahead, if you 14 remember the question. 15 THE WITNESS: I have no knowledge of 1 6 Aroclors being sold by AMSCO to Armstrong Cork. 17 That would be information, if available, would 18 be through our district offices and the Product 19 Group. 20 BY MR. TAYLOR: 2 1 Q. Do you know where Armstrong would have 22 purchased the PCBs that it used to manufacture 23 the ceiling tiles? 24 MR. HOPKINS: Object to the form. 25 Again it goes beyond his designation. If you ALAN L. LESKY & ASSOCIATES TOWOLDMON0051413 WRIGHT Page 18 1 know factually, go ahead. 2 THE WITNESS: The only address that I 3 knew of Armstrong Cork was Conshohocken, 4 Pennsylvania. 5 BY MR. TAYLOR: 6 Q. For Armstrong Cork? 7 A. Armstrong Cork. 8 Q. Or do you mean AMSCO? 9 A. That's not what you asked. 10 MR. TAYLOR: Can you repeat the 11 question? 12 (Designated question is read.) 13 THE WITNESS: No. 1 4 BY MR. TAYLOR: 15 Q. Is it Armstrong's position that -- strike 1 6 that . 17 Is it Monsanto's position that Armstrong 18 purchased the PCBs from AMSCO? 19 MR. HOPKINS: Object to the form. It 20 goes beyond his designation. You can testify 2 1 for yourself if you know factually. Go ahead. 22 You can answer if you know. 23 THE WITNESS: I don't know. 24 BY MR. TAYLOR: 25 Q. Okay. I'm going to show you what was ALAN L. LESKY & ASSOCIATES TOWOLDMON0051414 WRIGHT Page 19 1 marked as Wright Exhibit No. 9 in your 2 deposition. Here you go. 3 MR. HOPKINS: I should have it here. 4 MS. O'CONNOR: I have one. Thank 5 you . 6 BY MR. TAYLOR: 7 Q. Do you recognize that document? 8 A. Yes. Yes. 9 Q. And is this the only distributor contract 10 between Monsanto and AMSCO? 11 A. To the best of my knowledge, yes. 12 Q. And was this contract in full force and 1 3 effect during the years 1961 through 1978? 1 4 A. Yes. 15 Q. Was there ever a time in between those, 16 that time period when this distributor contract 17 was not in full force and effect? 1 8 A. Not to my knowledge. I don't believe it 19 was ever changed. 20 MR. HOPKINS: Do you want to take a 2 1 moment and look through it? Feel free. 22 MS. O'CONNOR: Can you read back not 23 the last question but the question before the 24 last question? 25 (Designated testimony is read.) ALAN L. LESKY & ASSOCIATES TOWOLDMON0051415 WRIGHT Page 20 1 MR. TAYLOR: Do you want him to 2 review that some more, Joe? 3 MR. HOPKINS: If you would. Just 4 take a look through that. 5 (Witness reviews document.) 6 THE WITNESS: Will you state your 7 question again? 8 MR. TAYLOR: There's not one pending. 9 Counsel just wanted you to review that. 10 BY MR. TAYLOR: 11 Q. If you can turn to Exhibit A to the 12 agreement, it's towards the end? 13 A. First page? 14 Q. No, Exhibit A. 15 A. Okay. 16 Q. The second page of Exhibit A you'll see a 17 paragraph 23. Do you see that? 18 A. Yes. 19 Q. Strike that. Before we get to that, the 20 AMSCO individuals, the salesmen were trained by 2 1 Monsanto regarding the plasticizer products; is 22 that correct ? 23 MR. HOPKINS: Object to the form. 24 THE WITNESS: Yes. 25 BY MR. TAYLOR: ALAN L. LESKY & ASSOCIATES TOWOLDMON0051416 WRIGHT Page 21 1 Q. And that training took place in AMSCO's 2 offices? 3 A. Yes. 4 Q. And did that training include what types 5 of warnings should go to customers utilizing 6 the PCB-containing plasticizers? 7 MR. HOPKINS: Object to the form. 8 THE WITNESS: Yes. 9 BY MR. TAYLOR: 10 Q. And can you give me the details regarding 11 the training regarding warnings that should be 12 given to customers? 1 3 A. AMSCO was given all of our technical 14 bulletins on our products, including the 15 Aroclors, which completely describe the 16 potential hazards and problems of a product and 17 its use. 18 Q. And was it AMSCO's -- strike that. 19 Did AMSCO just provide the technical 20 bulletins to their customers or were they 21 authorized to give training of their own 22 regarding the warnings? 23 MR. HOPKINS: Object to the form. 24 MS. O'CONNOR: Sure. 25 MR. HOPKINS: Plus beyond the ALAN L. LESKY & ASSOCIATES TOWOLDMON0051417 WRIGHT Page 22 1 designation. You may answer it. 2 BY MR. TAYLOR: 3 Q. Go ahead. 4 A. If it was AMSCO's policy to train the 5 customer, that was their -- that was their 6 position. I'm not aware that there was anymore 7 definition of the products, other than in the 8 technical bulletins that we provided AMSCO. 9 Q. Well, during the training courses, was 10 AMSCO instructed to simply give the customer 11 the technical bulletins and that was it? 12 MR. HOPKINS: Object to the form. 1 3 BY MR. TAYLOR: 14 Q. Go ahead. 1 5 A. The training generally applied to where 16 the products could be used and how they could 17 be incorporated in different resins and 18 app1ications. 19 Q. Okay. Well, let's take, for example, the 20 warnings on toxicity in connection with the 2 1 Aroclors - 22 A. Yes. 2 3 Q. -- line of products. If a customer of 24 AMSCO's had a question regarding the toxicity, 25 were the AMSCO salesmen authorized to - ALAN L. LESKY & ASSOCIATES TOWOLDMON0051418 WRIGHT Page 23 1 authorized by Monsanto to advise the customer 2 regarding that issue or were they supposed to 3 refer the customer to Monsanto? 4 MR. HOPKINS: Object to the form. 5 You can answer. 6 THE WITNESS: Generally the practice 7 of any real technical questions were referred 8 to our Technical Product Group. 9 BY MR. TAYLOR: 10 Q. When you say real technical issues, what 11 do you mean by that? Toxicity? 12 A. Formulations and how to use it and things 13 ofthisnature. 14 Q. I don't mean that. I mean regarding 15 toxicity. I'm asking that specifically. What 16 was Monsanto's position if an AMSCO customer 17 had a question regarding toxicity? How were 18 the AMSCO personnel instructed to handle such a 19 question? 20 MR. HOPKINS: Object to the form. 2 1 THE WITNESS: I don't know. 22 BY MR. TAYLOR: 2 3 Q. Were they instructed to refer the question 24 regarding toxicity to Monsanto? 25 MR. HOPKINS: Object. You can ALAN L. LESKY & ASSOCIATES TOWOLDMON0051419 WRIGHT Page 24 1 answer. Go ahead. 2 THE WITNESS: In -- in -- in my 3 opinion, I believe that generally the AMSCO 4 salesmen, when they got into real technical 5 problems of this nature, would refer them to 6 our salespeople who would then refer them to 7 our technical group. 8 BY MR. TAYLOR: 9 Q. And when you say this nature, you mean 10 questions regarding toxicity? 11 A. Yes. 12 Q. Okay. Okay. If you can refer to that 13 paragraph 23 in Exhibit A, I'd appreciate it. 14 Have you read paragraph 23? 15 A. Yes, I have. . 16 Q. And explain to me, if you would, this 17 Exhibit A. Were these terms, if you look at 19 18 through 24, were these terms that were added on 19 by Monsanto to the main body of the contract? 20 A. That was the -- part of the main body. If 2 1 we had to have exhibits in order to show the 22 products that were available. 23 Q. Well, no, if you look at Exhibit A - 24 A. Yes. 25 Q. Okay. And you see it's in different ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51420 WRIGHT Page 25 1 typeset than the main body of the contract, is 2 it not ? 3 A. That's right. 4 Q. Okay. And were these special provisions 5 that Monsanto wanted in the contract? 6 MR. HOPKINS: Object to the form. 7 THE WITNESS: Yes. 8 BY MR. TAYLOR: 9 Q. Okay. And did Monsanto track where AMSCO 10 sold Monsanto's products? 11 A. AMSCO would not reveal all of their 12 customers to us. We sold the product to them 13 and then they purchased it and then resold it. 14 Q. Okay. When you say they would not reveal, 1 5 why not? 16 A. That was their proprietary information and 17 they were in competition with other 18 distributors and suppliers. 19 Q. Did they reveal some of their customers to 20 Monsanto? 2 1 A. Possibly. 22 Q. Well, do you remember them doing that? 23 A. I'm not aware of -- of that because that 2 4 would be done through the district office of 25 Monsanto, as well as the district office of ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51421 WRIGHT Page 26 1 AMSCO. 2 Q. Okay. You're here for Monsanto. 3 A. Yeah. 4 Q. Were you aware that AMSCO did provide 5 Monsanto with some of their customers that they 6 were selling, for example, the plasticizer 7 products ? 8 A. It was something that I did not track all 9 the time and it was not necessarily available 10 to me . 11 Q. Who was it available to? 12 A. Possibly the Product Group or the district 13 manager of Monsanto in managing his business. 1 4 Q. Well, pursuant -- well, strike that. 1 5 Isn't it true that AMSCO was obligated 16 pursuant to the distributor agreement to 17 provide Monsanto with the information of where 18 they were selling the products? 1 9 MR. HOPKINS: Object to the form. 20 THE WITNESS: I don't see this in any 2 1 part of our contract that they had to provide 22 us information. 2 3 BY MR. TAYLOR: 24 Q. If you can review paragraph 23 - 25 A. Okay. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51422 WRIGHT Page 27 1 Q. -- and see if that refreshes your 2 recollection regarding their obligation to, 3 meaning AMSCO's obligation to provide Monsanto 4 with information as to where they were selling 5 their proprietary products? 6 A. Yes. 7 Q. Does that refresh your recollection? 8 A. Yes. 9 Q. And do you want to change your answer? 10 MS. O'CONNOR: Maybe you should state 11 your question again. 12 MR. HOPKINS: If you could -- I'd 13 like that question read back and I'd also like 14 to instruct Mr. Wright to review the paragraph 15 carefully. 16 MR. TAYLOR: Okay. 17 (Designated question is read.) 18 MS. O'CONNOR: Objection to form. 19 MR. HOPKINS: Having heard the 20 question and reviewed the paragraph, you can go 21 ahead. 22 THE WITNESS: We refer to this in the 23 paragraph of 23 of proprietary products. 24 BY MR. TAYLOR: 25 Q. And that Aroclor was a proprietary ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51423 WRIGHT Page 28 1 product, correct? 2 A. Yes. 3 Q. So that pursuant to the agreement, AMSCO 4 was obligated to provide Monsanto with that 5 information when it was selling proprietary 6 products, correct? 7 A. If asked by the district manager, yes. 8 Q. And was that done on a routine basis by 9 Monsanto? Strike that. 10 Did Monsanto on a routine basis obtain 11 from AMSCO the information as to where they 12 were selling Monsanto's proprietary products? 13 MR. HOPKINS: Objection. Go ahead. 14 THE WITNESS: Not on a routine basis. 15 BY MR. TAYLOR: 1 6 Q. Well, tell me on what basis they did it. 17 A. Whenever the district manager would visit 18 with the AMSCO managers and/or the Product 19 Group made a specific inquiry. 2 0 Q. And did that happen? 2 1 A. I assume from time to time. 22 Q. Well, do you know? 23 A. No. 24 Q. And earlier you testified that AMSCO 25 themselves, I believe your testimony was, ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51424 WRIGHT Page 29 1 considered their customer list as proprietary, 2 correct ? 3 A. Yes. 4 Q. Was there ever any dispute or -- for lack 5 of a better word I'll use dispute between 6 Monsanto and AMSCO regarding the disclosure of 7 the information? 8 MR. HOPKINS: Object - 9 BY MR. TAYLOR: 10 Q. That being where AMSCO was selling 11 Monsanto's proprietary products? 12 MR. HOPKINS: Object to the form. 13 MS. O'CONNOR: Join. 14 MR. HOPKINS: You may answer. 15 THE WITNESS: I'm not aware of any. 16 BY MR. TAYLOR: 17 Q. Are you aware of any situation where 18 Monsanto asked AMSCO where they were selling 19 the proprietary products of Monsanto and AMSCO 20 refused to tell them? 21 A. I'm not aware of that. 22 Q. Was Monsanto ever forced or was it ever 2 3 required by Monsanto to enforce this provision 24 through any judicial means? 25 A. No. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51425 WRIGHT Page 30 1 Q. And I mean paragraph 23. 2 And why was this provision put into the 3 contract? 4 A. Monsanto had a group of proprietary 5 plasticizers that it was very important for 6 them in the long range of research and market 7 study to determine how the products were being 8 used or what customers are being used, things 9 of this nature. That was the primary reason 10 for this. 11 Q. And as time went on, after the execution 12 of this agreement, was this provision, 13 paragraph 23 of the agreement, was this 14 provision complied with? 15 MR. HOPKINS: Object to form. 16 BY MR. TAYLOR: 17 Q. By AMSCO? 18 A. That would have been the responsibility of 1 9 the district managers of Monsanto in meeting 20 with the district managers of AMSCO. 2 1 Q. Were you aware -- are you aware -- strike 22 that. 23 Is Monsanto aware that the district 24 managers, in fact, of both AMSCO and Monsanto 25 followed provision number 23? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51426 WRIGHT Page 31 1 MR. HOPKINS: Object to form. You 2 can answer. 3 THE WITNESS: I don't know. 4 BY MR. TAYLOR: 5 Q. Okay. Let me show you what was marked - 6 strike that. Let me just look at my notes. 7 I'm sorry. 8 Was it ever a concern on the part of 9 Monsanto that it did not have enough 10 information from AMSCO as to where AMSCO was 11 selling Monsanto's products? 12 MR. HOPKINS: Objection to form. 13 MS. O'CONNOR: Objection to form. 14 THE WITNESS: I don't recall. No. 15 BY MR. TAYLOR: 1 6 Q. And who was the person in Monsanto that 17 oversaw the relationship between AMSCO and 18 Monsanto ? 19 MS. O'CONNOR: Objection to form. 20 MR. HOPKINS: Object to the form. 2 1 THE WITNESS: The overall 22 relationship was my responsibility. 23 BY MR. TAYLOR: 2 4 Q. And did you delegate any of that 25 responsibility to others? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51427 WRIGHT Page 32 1 A. The Product Group had product 2 responsibility. The district managers had 3 district manager market responsibility. My 4 responsibility was to see that the relationship 5 between Greater AMSCO and Monsanto was 6 maintained. 7 Q. Okay. And as part of that responsibility, 8 did that include the compliance with the 9 distribution agreement? 10 A. Yes. 11 Q. And as part of that responsibility -- as 12 part of that responsibility, did you endeavor 13 to find out or have someone else endeavor to 14 find out where AMSCO was selling the 15 proprietary products of Monsanto? 16 A. Where AMSCO was selling the products was 17 the responsibilities of our district managers 18 and the Product Group. 1 9 Q. Okay. So you delegated that to them? 20 A. It's difficult to explain our 2 1 organization. 22 Q. Just do the best you can. 23 A. I didn't -- I didn't delegate it. That 24 was their responsibility. 25 Q. Okay. And did they comply with that ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51428 WRIGHT Page 33 1 responsibility? 2 A. To the best of my knowledge. 3 Q. And tell me about that knowledge,. What 4 did they do to find out where AMSCO was selling 5 Monsanto's proprietary information? 6 A. Probably in a more casual relationship 7 between the salesmen responsible for working 8 with the AMSCO people in that particular 9 district. 10 Q. Did you finish? I think I just cut you 11 off. Are you finished your answer? 12 A. That's it. 13 Q. And did they, in fact, determine where 14 AMSCO was selling Monsanto's proprietary 15 info rma tion ? 16 MR . HOPKINS: Object to the f orm. 17 MS . O' CONNOR: Objection to form. 18 MR . HOPKINS: Asked and answered. Go 19 ahead. 20 MS . 0'CONNOR: I think the word is 2 1 product. 22 MR . TAYLOR: What did I say p 23 MS . 0'CONNOR: Information. 24 BY MR. TAYLOR: 25 Q. Proprietary products? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51429 WRIGHT Page 34 1 A. Yes, I assume so. 2 Q. But you have no information about that? 3 A. No. 4 Q. I'm going to show you what was marked at 5 your July 30th, 1998 deposition as Wright No. 6 10. It's the Monsanto Chemical Company Agency 7 Agreement. 8 MR. TAYLOR: Do you have a copy? 9 MS. O'CONNOR: Yes, thank you. 10 BY MR. TAYLOR: 11 Q. And if you need time to review that, 12 please take it. Let me know when you're ready. 13 (Witness reviews document.) 14 (Off-the-record discussion.) 15 THE WITNESS: Okay. 16 BY MR. TAYLOR: 17 Q. If you could, in your own words, tell me 18 the distinction between AMSCO as a distributor 19 and AMSCO as an agent under the agency 20 agreement. 2 1 A. It was our -- my recollection that the 22 legal department felt that it was important to 2 3 have an agency agreement for our proprietary 24 plasticizers and a distributor -- and a 25 distribution agreement for our commodity ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51430 WRIGHT Page 35 1 plasticizers, which were available from more 2 than one supplier. Generally the proprietary 3 plasticizers were our Santicizer products and 4 the Aroclors as listed here. 5 Q. Okay. Isn't it true that AMSCO, both as a 6 distributor and as an agent, could sell the 7 proprietary - 8 A. Yes. 9 Q. -- products? 10 A. Yes. 11 Q. I'm just unclear just as to the 12 distinctions. Did they have to do it in 13 quantity sold? 14 A. No. It was the fact that our proprietary 15 plasticizers were proprietary to Monsanto and 16 Monsanto felt that it was important that these 17 be covered by an agency agreement rather than 18 our commodity plasticizers. 1 9 Q. Okay. But the distributor contract also 20 covered the proprietary products, correct? 2 1 A. Yes. 22 Q. So why did you need both? Why did 23 Monsanto need both, both the distributor 24 agreement and the agency agreement? 25 A. At the time the contract was written in ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51431 WRIGHT Page 36 1 1962, '61, this was a major change in the 2 philosophy of marketing Monsanto products and 3 our proprietary plasticizers were very close 4 and dear to the corporation and that was I'm. 5 sure the reason for trying to determine a 6 better method of -- of knowledge and control on 7 the products, the proprietary products. 8 Q. Okay. 9 A. Through an agency agreement versus a 10 distributor. 11 Q. I'm still not clear as to the distinction 12 between the distributor agreement and the 13 agency agreement if AMSCO was allowed to sell 14 the proprietary products pursuant to both. 1 5 A. In -- in the agency agreement with 1 6 Monsanto, we turned over a great number of 17 accounts directly to AMSCO for their servicing. 18 Q. And were they considered the bulk 1 9 accounts? 20 A. No . 2 1 Q. Okay. 22 A. Generally at that time, no. They were the 23 drum accounts. 24 Q. Pursuant to the agency agreement or the 25 distributor agreement? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51432 WRIGHT Page 37 1 A. I don't follow you on that. 2 Q. Okay. Were the bulk accounts to be sold 3 -- I'm sorry, were the drum accounts to be sold 4 by AMSCO pursuant to the distributor agreement 5 or the agency agreement? 6 A. These are both at the same time that we 7 entered into the distributor and agency 8 agreement. 9 Q. Okay. And what was Monsanto's position? 10 Were they still going to sell to certain 11 customers both bulk, more than, you know, a 12 truckload and also less than truckload amounts 13 of the proprietary products or were they going 14 to turn all these accounts over to AMSCO? 15 MS. O'CONNOR: Objection to form. 16 MR. HOPKINS: Objection to form. 17 THE WITNESS: It was an attempt to 18 turn over a great number of our LTL, less than 19 truckload, drum accounts to AMSCO of which they 20 requested and wanted. 2 1 BY MR. TAYLOR: 22 Q. Okay. Was there any restriction on AMSCO 23 to sell .to any particular customer either a 24 truckload or a less than truckload? 25 A. No . ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51433 WRIGHT Page 38 1 There was no 2 A. No . 3 Q. And there was no restrictions as -- there 4 was no restrictions on AMSCO as a distributor 5 or as an agent? 6 MR. HOPKINS: Object to the form. 7 MS. O'CONNOR: I'll join. 8 THE WITNESS: The agency agreement 9 referred to our proprietary plasticizers. We 10 also had a distributor agreement with the 11 Santicizer -- the other proprietary 12 plasticizers as were -- as in the -- in the - 13 in the -- in our distributor contract. The 14 agency agreement provided AMSCO as an agent to 15 represent our product and service the accounts 16 that we turned over to them. We were trying to 17 clearly define Monsanto accounts that were 18 being turned over to AMSCO. 19 BY MR. TAYLOR: 20 Q. Was Armstrong Cork one of the accounts 2 1 that was turned over to AMSCO? 22 A. I don't know. I have no record of that. 23 MR. TAYLOR: Okay. Let's mark this 24 as Wright No. 2 . 25 (Exhibit Wright-2, 12-27-61 ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51434 WRIGHT Page 39 1 Memorandum, is marked for identification.) 2 BY MR. TAYLOR: 3 Q. Sir, I'm going to show you what's been 4 marked as Wright No. 2 with today's date. It's 5 a December 27, 1961 memorandum on which you are 6 a recipient and it bears Bates MAE 060751 .7 through 754. If you could take a moment to 8 review that. Before that, have you seen this 9 document before? 10 A. I don't recall seeing this before today 11 but my name is on it so I assume that I was on 12 that list somewhere. 13 Q. Was this document shown to you in 14 preparation for this deposition? 15 A. No. 16 Q. Okay. And do you see up top where it says 17 Plasticizer Distributor Program, American 18 Mineral Spirits Company? 19 A. Yes. 20 Q. And can you tell who was the author of 2 1 this document? 22 A. I can't tell who is the author of this 23 document and I have no knowledge of that. 24 Q. Who were the recipients besides yourself? 25 A. Anwey was in the district office. Shorey ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51435 WRIGHT Page 40 1 was in the district office in Everett. 2 Sullivan in Wilmington and Wright in New York. 3 Q. That's you? 4 A. That's me. Murphy was the regional 5 manager, the district manager in New York. 6 Tupper was in Chicago. Lawler was our 7 assistant, one of our assistant general 8 managers. Posten I don't remember. 9 Q. Okay. And do you remember this 10 memorandum? 11 A. I'm trying to refresh my memory right now. 12 MR. HOPKINS: If we can give him a 13 few minutes to read it. 14 MR. TAYLOR: Take your time. It's 1 5 not the best copy. We received it from your 16 counsel and it's just a little bit of a rough 17 copy but just take your time. I think you'll 18 get used to the haze and you'll be able to read 19 i t . 20 (Witness reviews document.) 2 1 MR. TAYLOR: It might take you a 22 minute or two. 2 3 (Witness reviews document.) 24 THE WITNESS: Okay. 25 BY MR. TAYLOR: ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51436 WRIGHT Page 41 1 Q. Okay. 2 MR. HOPKINS: Let me just note the 3 memo refers to Exhibit A, a letter of November 4 27, '61 from Jim Wright to John Capizano. Are 5 you going to refer to that separately? I know 6 this is not attached. 7 MR. TAYLOR: You didn't produce it. 8 MR. HOPKINS: Okay. 9 BY MR. TAYLOR: 10 Q. Okay. Having read the memorandum, do you 11 remember receiving and reading this memorandum 12 at any time? 13 A. It's been a long time but this refreshes 14 my memory. 15 Q. About? 16 A. About the details of our arrangement. 17 Q. If you can go down to the bottom of the 18 second page where it refers to paragraph 23. 1 9 A. Yes. 20 Q. And if you need to, the distributor 2 1 agreement is right here. 22 A. Yes. 23 Q. You can refer to paragraph 23. It says 2 4 this review is essential and we would like a 25 specific report from each of you on this ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51437 WRIGHT Page 42 1 meeting and pertinent documents. Do you see 2 that? Pertinent comments, rather. 3 A. Comments, yes. 4 Q. Do you remember ever conducting such a 5 meeting with AMSCO and giving comments on that 6 meeting to the home office? 7 A. I'm sure I was involved at that time with 8 the home office of AMSCO. 9 Q. I'm specifically referring to paragraph 23 10 of the addendum to the distributor agreement 11 and the instruction here in this memorandum, if 12 you remember issuing any kind of a report 13 regarding your meetings with AMSCO. 14 MR. HOPKINS: Object to the form. 1 5 You can answer. 16 THE WITNESS: I can't -- give me that 17 question again, please. 18 MR. HOPKINS: Have it read back. 19 MR. TAYLOR: I'll rephrase it. 20 MR. HOPKINS: Okay. 2 1 BY MR. TAYLOR: 22 Q. In your function as the overseer of the 23 relationship with AMSCO - 24 A. Yes. 25 Q. -- or as a salesman out of the New York ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51438 WRIGHT Page 43 1 office, did you ever hold a meeting and issue a 2 report as set forth in this reference in 3 paragraph 23 of this memorandum? 4 A. I don't recall. 5 Q. Do you ever remember seeing any report 6 from any of the other district offices 7 regarding such a meeting with AMSCO? 8 A. I don't remember. 9 Q. And do you see this where it says, the 10 second sentence in this memorandum under that 11 paragraph 23, this also serves to acquaint you 12 with their customer list on Monsanto 13 proprietary products in order to insure that we 14 are kept abreast of new uses, et cetera, 15 period. Do you see that? 16 A. Yes. Yes. 17 Q. Do you ever remember seeing a customer 18 list of AMSCO? 19 A. Don't recall. 20 Q. If you can go down towards the bottom of 2 1 the third page, beginning with as agent of 22 Monsanto? 23 A. Yes, I see it. 24 Q. They were viewed as part of your sales 25 force, as much as any Monsanto employee. Do ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51439 WRIGHT Page 44 1 you see that? 2 A. Yes. Yes. 3 Q. Is that referring to AMSCO, the AMSCO 4 people? 5 A. Yes. 6 Q. And was it Monsanto's - 7 A. As an agent of Monsanto. 8 Q. As an agent. And that -- is that to be 9 distinguished from some other capacity? 10 A. Apparently our legal department felt that 11 there was a difference between agency and 12 distributor arrangements. 13 Q. What makes you say that? 14 A. Because they were proprietary plasticizers 1 5 and these were held differently at this time of 16 the negotiation with AMSCO and something that 17 we had not had previously at any of our 18 marketing programs. 19 Q. And because they were proprietary 20 plasticizers, are you saying that they had to 2 1 be an agent? 22 A. Yes. 2 3 Q. Okay. If you go back to the distributor 24 agreement, which is there, and I just want to 25 make sure I understand this, if you go to the ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51440 WRIGHT Page 45 1 first page of the distributor agreement, was 2 AMSCO distributing proprietary products of 3 Monsanto? 4 A. They were performing a service of serving 5 accounts that were using proprietary 6 plasticizers under this agreement, as well as 7 the agency agreement. 8 Q. Okay. If you -- under the paragraph that 9 I just referred you to in the 1961 memorandum, 10 December 27, 1961 memorandum, the next 11 paragraph beginning with Jim Wright's letter 12 dated November 27, do you see that? 13 A. Yes . 14 Q. Have you seen that letter in preparation 15 for this deposition? 16 A. No . 17 Q. If you can just read that paragraph and 18 tell me what that means. I may follow up with 19 some questions but tell me what your -- what is 20 being said there. 2 1 MR . HOPKINS: Object to the f o rm. 22 MS . O'CONNOR : Do you want him to 2 3 read it out loud? 24 MR . TAYLOR: No. I mean read it and 25 then tell me what was stated in your, if you ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51441 WRIGHT Page 46 1 remember, in your November 27 letter. 2 THE WITNESS: Are you talking to me? 3 BY MR. TAYLOR: 4 Q. I am. 5 A. What's your question? 6 Q. Do you remember your November 27 letter 7 that's being referred to in this memorandum? 8 A. No. 9 Q. Okay. And when it goes on to say towards 10 the end of that paragraph that AMSCO is not to 1 1 solicit those amounts of proprietary 12 plasticizers, what does that mean? 13 MR. HOPKINS: I believe it's 14 account s . 1 5 MS. O'CONNOR: Objection to form. 16 MR. TAYLOR: Is it accounts? 17 BY MR. TAYLOR: 18 Q. Okay. What does that mean? 19 A. It's -- it's very clear that's where the 20 agency agreement comes into play is that we had 2 1 proprietary bulk plasticizer accounts which we 22 felt were very important to us from a total 23 volume business and growth and that AMSCO is 24 not to solicit these accounts for proprietary 25 plasticizers. Very, very clear. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51442 WRIGHT Page 47 1 Q. It's not clear to me. Tell me what you 2 mean by that. What's so clear? 3 A. Well, they're not to solicit these 4 accounts for proprietary plasticizers such as 5 Santicizer 160 or any of our other products 6 because we were talking about bulk accounts. 7 These are accounts -- these are accounts that 8 take plasticizers in tank truck or tank car 9 volume. Obviously there is no restriction on 10 non-proprietary plasticizers. These were the 11 general commodity plasticizers that we also 12 made as well as other companies made. 13 Q. And the Aroclors were restricted accounts? 14 In other words, they were the proprietary 1 5 account s ? 16 A. Yes. 17 Q. Okay. Do you know if Monsanto was - 18 withdraw. 19 Was Armstrong Cork a restricted account 20 that AMSCO was to refrain or was restricted 21 from soliciting? 22 A. I don't know that. 23 Q. It goes on to say there is no restriction 24 on, is that Table 2? 25 A. On Table 2, accounts for non-proprietary ' ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51443 WRIGHT Page 48 1 which would be our general 2 commodity plasticizers. 3 Q. Can you give me some examples of those? 4 A. Dioctyl phthalate, tricresyl phosphate, 5 biformaloctyldecty1 phthalate and things of 6 that nature that were generally available in 7 broad usage in the vinyl business. 8 Q. Okay. Just give me a moment. Do you 9 remember a Mr. Beightol, Beightol? 10 A. Beightol. 11 Q. He was asked a question and I want to - 12 he was asked a question as follows: As a 13 former sales representative to Armstrong, do 14 you know whether AMSCO's sales territory or 1 5 distribution territory included Armstrong? 16 And his answer was if it did at the time, 17 I think I would have been very upset. 18 He went and he was asked and was it your 1 9 understanding from the relationship that AMSCO 20 was not to call on direct customers of yours? 21 Answer, no. Just that it was one of our 22 largest corporate accounts and I would be very 23 surprised if they were calling on Armstrong 24 Cork. 25 Question, for Aroclor products? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51444 WRIGHT Page 49 1 Answer, for any product that I handled. 2 Do you agree with that? 3 A. If he says that that's -- that's in the 4 testimony. 5 Q. Well, were you aware of any -- whether it 6 was formal or informal arrangement or agreement 7 that AMSCO was not to call on a large account 8 like Armstrong? 9 A. No. 10 Q. And are you aware of anything, whether in 11 writing or an oral agreement, where AMSCO 12 agreed not to call on large accounts like 13 Arms t rong ? 14 A. No . 1 5 Q. Are you aware of anything in the 16 relationship, whether in writing or an oral 17 agreement, which would have prevented AMSCO 18 from selling Aroclor products to Armstrong? 1 9 A. No. 20 Q. Okay. By the way, if you want to take a 2 1 break -- 22 A. Yeah. 23 Q. I should have told you that. Don't wait 24 on me. If you want to take a break, any time 25 you want. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51445 WRIGHT Page 50 1 (Recess.) 2 BY MR. TAYLOR: 3 Q. I'm going to show you what was marked as 4 Wright Exhibit No. 6 at the July 30th, 1998 5 deposition. You can take that. And ask you to 6 turn to the last page where there is an AMSCO 7 logo with a list of its various outlets across 8 the country. Do you see that? 9 A. Yes. 10 Q. Did Monsanto authorize AMSCO to place its 11 logo or insignia on Monsanto's sales or 12 technical bulletins? 13 MR. HOPKINS: Objection, asked and 14 answered. 15 MS. O'CONNOR: Objection to form. 16 MR. TAYLOR: Asked and answered? 17 MR. HOPKINS: Asked and answered. 18 MR. TAYLOR: When? 19 MR. HOPKINS: In the prior 20 deposition. 2 1 MR. TAYLOR: This is a 30(b)(6) 22 designee. 23 MR. HOPKINS: And I think if you 2 4 review the February 5th letter I would probably 25 suggest this portion of his testimony from his ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51446 WRIGHT Page 51 1 prior deposition was already designated as 2 testimony but you can go ahead. 3 MR. TAYLOR: If it is, then... 4 BY MR. TAYLOR: 5 Q. You can answer. Do you want the question 6 read back? 7 A. No, I understand your question. 8 Q. Okay. 9 MR. HOPKINS: Do you want some more 10 time to look at the document? Take as much 11 time as you need. 12 THE WITNESS: I'm trying to remember 13 if we authorized this or not, which is the 14 question. 1 5 MS. O'CONNOR: I have an objection to 16 form regarding a foundation issue. 17 THE WITNESS: Monsanto did not in my 18 knowledge supply Union AMSCO with a -- one of 1 9 our bulletins that -- indicating American 20 Mineral Spirits as a distributor as shown here 2 1 on this page. 22 BY MR. TAYLOR: 23 Q. Okay. Well, were they authorized to put 24 their insignia on -- strike that. 25 Is this Wright Exhibit No. 6, is this a ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51447 WRIGHT Page 52 1 Monsanto publication? 2 A. It is a Monsanto publication. 3 Q. Okay. And was AMSCO authorized to place 4 -- well, strike that. 5 Did Monsanto place AMSCO's insignia and 6 list of outlets on this publication? 7 A. No. 8 MR. HOPKINS: Object to form. You 9 mean AMSCO's insignia? 10 MR. TAYLOR: I'm sorry, AMSCO's 11 insignia. 12 THE WITNESS: No. 13 BY MR. TAYLOR: 14 Q. Did Monsanto create this document and 15 place AMSCO's insignia on it? 1 6 A. No . 17 Q. Can you explain why the AMSCO insignia and 18 list of its outlets are at the end of this 19 document ? 20 MR. HOPKINS: Just note my continuing 2 1 objection as asked and answered but you may go 22 ahead and answer the question. 23 MR. TAYLOR: Just for the record I 24 don't think that question was asked but you can 25 answer. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51448 WRIGHT Page 53 1 BY MR. TAYLOR: 2 Q. Can you explain? 3 A. Monsanto's line of plasticizers was well 4 recognized in the industry and especially their 5 plasticizer, all of their plasticizers, 6 including their proprietary items. I'm sure 7 that AMSCO, if they apparently wanted to be 8 recognized as an authorized distributor and 9 agent for Monsanto plasticizers -- 10 Q. I'm just asking, is that your explanation 11 as to why it's in here? 12 A. I'm sure that must be the reason why. 1 3 Q. Did they do this without Monsanto's 14 authorization? 1 5 MR. HOPKINS: Object to form. You 16 can answer. 17 THE WITNESS: I don't recall ever 18 authorizing AMSCO to print their name on our 1 9 1iterature. 20 BY MR. TAYLOR: 2 1 Q. Okay. Did they do it without your 22 authorization? 2 3 MR. HOPKINS: Object to form. 24 BY MR. TAYLOR: 2 5 Q. Without Monsanto's authorization? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51449 WRIGHT Page 54 1 A. To my knowledge, they must have. 2 Q. Did Monsanto -- during 1970, the year 1970 3 did Monsanto instruct AMSCO on how to notify 4 its direct customers, that's AMSCO's direct 5 customers, regarding the withdrawal of PCBs 6 from the market? 7 A. I -- I believe I've testified that we did 8 advise AMSCO to notify their customers. 9 Q. I believe you're right. My question is 10 did you instruct them on how to carry that out? 11 Did Monsanto? When I say you, I mean Monsanto 12 instruct AMSCO on how to carry that assignment 1 3 out ? 14 A. I'm sure that the directives that we 15 received in the field were carried out in 16 direct compliance with the Plasticizer Group's 17 responsibility and to -- to AMSCO. 18 Q. I'm sorry, I didn't understand your 19 answer. 20 A. Well, it was AMSCO's responsibility to 2 1 advise their customers of our withdrawal. 22 Q. What's the basis for that statement, that 23 it was their responsibility? 24 A. I didn't say no responsibility. 25 Q. I believe your testimony was it was ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51450 WRIGHT Page 55 1 AMSCO's responsibility to contact their 2 customers. 3 A. That's right. 4 Q. What's the basis of your statement that it 5 was AMSCO's responsibility? 6 A. I think we have some testimony to that 7 effect, that we asked our regional managers to 8 advise AMSCO. 9 Q. That's not my question. My question is 10 you stated that it was AMSCO's responsibility 11 and I just want to know what's the basis for 12 that statement, that it was their 13 responsibility to contact their customers? 14 A. That's right. Yes. 15 Q. What's the basis of that statement that it 1 6 was their responsibility? 17 A. Because they were their customers and this 18 was a proprietary plasticizer that we were 19 withdrawing from the marketplace and we felt 20 that that was the responsibility that they 2 1 would take -- take -- take on. 22 Q. Okay. Who made that decision? 23 A. Plasticizer Group and the management of 24 Monsanto. 25 Q. Were you involved in making that decision? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51451 WRIGHT Page 56 1 A. No. 2 Q. Who was involved in that decision? You 3 said just generally the Plasticizer Group. Do 4 you remember any names? 5 A. Whoever was their manager of plasticizers 6 at the time and it looks like that Willis Clark 7 was -- was one because he's on a memo here from 8 Jim Beightol in exhibit -- Wright Exhibit 18. 9 Q. Okay. Did you -- did Monsanto review the 10 letters that were issued by AMSCO before they 11 went out to AMSCO's customers regarding the 12 withdrawal of PCBs? 13 A. I don't recall. 14 Q. If you can -- I'm sorry. I want to show 15 you what was marked at your deposition as 16 Wright No. 8 on July 30th, 1998. And just take 17 a moment to read that letter from Willis Clark 18 and let me know when you're finished. 19 (Witness reviews document.) 20 THE WITNESS: Okay. 2 1 BY MR. TAYLOR: 22 Q. Okay. On the second page there's some - 23 there's a top paragraph and then there's one to 24 seven and then there's a number eight under the 25 third page. And in number one beginning with ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51452 WRIGHT Page 57 1 contact AMSCO and Central Solvents, do you see 2 tha t ? 3 A. Yes . 4 Q. And it says this was completed in early 5 May on a confidential basis. The regional 6 offices should not have been contacted by the 7 Central Solvents. Do you know what that means? 8 A. No. 9 Q. Do you know why regarding the second par 10 -- sentence of that paragraph that they were 11 contacted, meaning AMSCO was contacted in early 12 May on a confidential basis? 1 3 A. No. 14 Q. Were you involved in that contact? 15 A. Possibly but I don't recall. 16 Q. And you've read number one? 17 A. Yes. 18 Q. If you can read number five, where it says 19 contact all distributors? 20 A. Yes. 2 1 Q. Is that in addition to AMSCO and Central 22 Solvents or would that also include AMSCO and 23 Central Solvents? 24 A. That would include AMSCO and Central 25 Solvents. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51453 WRIGHT Page 58 1 Q. Besides AMSCO and Central Solvents, were 2 there other distributors distributing or 3 selling PCB-containing products? 4 MR. HOPKINS: Monsanto products? 5 MR. TAYLOR: I'm sorry, Monsanto 6 PCB-containing products. Thank you. 7 THE WITNESS: I don't recall. We had 8 several other small distributors selling 9 plasticizers but I don't recall specifically 10 Aroclor products. 11 BY MR. TAYLOR: 12 Q. Was AMSCO the largest customer for 13 Monsanto -- strike that. 14 Was AMSCO considered a customer when it 1 5 would purchase proprietary products? 16 A. We considered them our distributor and 17 agent. 18 Q. Was there any customer that purchased more 19 proprietary products from you than AMSCO, any 20 direct customer? 21 A. Yes. 22 Q. Who is that ? 23 A. These were large bulk customers -- 24 Q. Can you give me an example? 25 MR. HOPKINS: I'll object to form and ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51454 WRIGHT Page 59 1 go ahead if you want to put your question 2 again. I'm not sure what question is pending. 3 BY MR. TAYLOR: 4 Q. Well, let's take DuPont, for example. 5 That would be considered a direct customer, 6 correct ? 7 A. Generally. 8 Q. In connection with Aroclor products, 9 PCB-containing Aroclors, was -- did AMSCO 10 purchase more -- strike that. 11 Was there any direct customer that 12 purchased more Aroclor-containing PCBs than 1 3 AMSCO that you remember? 1 4 A. I don't know. 15 Q. Okay. As the overseer, I believe that's 1 6 the word you used, if you want to use another 17 word, of the relationship between AMSCO and 18 Monsanto, are you aware of any policy regarding 1 9 the stockpiling of PCBs by any customer, any 20 AMSCO customer during the withdrawal -- during 2 1 the period of time from February of 1970 to 22 August, the end of August of 1970? 23 MR. HOPKINS: Object to the form. 24 THE WITNESS: I had no recollection 25 of customer stockpiling because my dealings ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51455 WRIGHT Page 60 1 were mainly with AMSCO and Central Solvents and 2 other distributors. 3 BY MR. TAYLOR: 4 Q. Was Monsanto aware that some of AMSCO's 5 customers were either stockpiling or requesting 6 purchases to enable them to stockpile 7 PCB-containing products of Monsanto? 8 MR. HOPKINS: Objection to form. 9 MS. O'CONNOR: Objection to form. 10 MR. HOPKINS: He just answered that. 11 THE WITNESS: Well, you would have to 12 define stockpiling. I'm sure that Aroclors 1 3 were so unique in their properties that some 14 customers would purchase drums of Aroclor to 15 carry them over during this transition period 16 that they would have to go through. 17 BY MR. TAYLOR: 18 Q. And did Monsanto have a position regarding 1 9 that practice? 20 A. We had a - 2 1 MR. HOPKINS: Object to the form. 22 BY MR. TAYLOR: 23 Q. When I say position, a policy or a 24 position regarding that practice? 2 5 MR. HOPKINS: I'll note it goes ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51456 WRIGHT Page 61 1 beyond the designation. 2 THE WITNESS: Our position was as 3 outlined in this letter, to stop all shipments 4 on August the 30th. 5 BY MR. TAYLOR: 6 Q. But prior to August the 30th, if Monsanto 7 became aware that one of AMSCO's customers 8 wanted to stockpile or purchase a large amount 9 to get them past the cut-off date of August the 10 30th, 1970, whether that would be allowed or 11 not by that customer? 12 MR. HOPKINS: Object to the form. 13 MS. O'CONNOR: Join. 14 MR. HOPKINS: And the scope is beyond 15 his designation. You may answer. 16 THE WITNESS: This was the 17 responsibility of the Product Group to monitor 18 the sales of their product. So I had no 19 knowledge as to whether there was AMSCO's 20 customers stockpiling. 2 1 BY MR. TAYLOR: 22 Q. Okay. 23 A. Does that answer your question? 24 Q. It does not. I want to know whether 2 5 Monsanto had a policy on whether a customer ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51457 WRIGHT Page 62 1 would be allowed to stockpile PCBs. 2 A. Not beyond August the 30th. 3 MR. HOPKINS: Same objection. 4 BY MR. TAYLOR: 5 Q. Well, if prior to August the 30th it was 6 communicated to AMSCO -- withdraw. 7 Communicated to Monsanto that a customer 8 expressed a desire to stockpile PCB-containing 9 products, would they be allowed to fill that 10 order? 11 MR. HOPKINS: Same objection. 12 THE WITNESS: That would be a Product 13 Group responsibility to control that product 14 shipments at that time. 15 BY MR. TAYLOR: 16 Q. The question is would they be allowed to 17 fill that order? 18 MR. HOPKINS: Same objection. 1 9 THE WITNESS: I -- I'm not aware of 20 it. I can't answer that question. 2 1 BY MR. TAYLOR: 22 Q. You're not aware of what? 23 A. If they would be allowed to stockpile. 24 Q. Are you aware of any policy which would 2 5 disallow them to stockpile? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51458 WRIGHT Page 63 1 MR. HOPKINS: Same objection. 2 THE WITNESS: We had a very specific 3 cut-off date on the shipments of Aroclors. 4 BY MR. TAYLOR: 5 Q. I understand the cut-off date was the end 6 of August, 19 7 0. 7 A. That's right. 8 Q. Was there any policy prior to that date 9 that would prohibit an AMSCO customer from 10 stockpiling up on Monsanto's PCBs? 11 MR. HOPKINS: Same objection. 12 THE WITNESS: I'm not aware of any 13 policy like that. 14 BY MR. TAYLOR: 15 Q. Let me show you -- 16 MR. TAYLOR: Let's mark this as 17 number three. 18 (Exhibit Wright-3, 7-14-70 Press 19 Query, is marked for identification.) 20 BY MR. TAYLOR: 2 1 Q. Mr. Wright, I've marked as Wright No. 3 22 with today's date a July 14, 1970 press query 23 from the Public Relations Department and just 24 ask you to take a moment to read this document. 25 It bears Bates MAE 059961 to 62. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51459 WRIGHT Page 64 1 (Witness reviews document.) 2 MR. HOPKINS: He's not copied on 3 this, right? 4 MR. TAYLOR: I don't know.- I don't 5 see his name on it. ' 6 THE WITNESS: Okay. 7 BY MR. TAYLOR: 8 Q. Have you seen this document before? 9 A. No. 10 Q. Turn to the second page. On the second 11 question from the top it says could it be that 12 you don't know some of the end uses of PCBs? 13 And the answer is at one time this was probably 14 true, since some of the product was sold 15 through distributors, et cetera. It goes on to 16 say now, however, we have very good control 17 over use of the product and better knowledge of 18 its uses, of its end uses. Do you see that? 19 A. Yes. 20 Q. Did Monsanto perceive that there was a 21 problem that they did not know where its 22 products were being used after it was in the 2 3 hands of the distributors? 24 MR. HOPKINS: Note my objection to 25 this question. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51460 WRIGHT Page 65 1 MR. TAYLOR: Okay. 2 MR. HOPKINS: As -- you may answer. 3 MS. O'CONNOR: I'll object to the 4 form. Go ahead. 5 THE WITNESS: I was listening to the 6 dialogue going back and forth. 7 MR. TAYLOR: Let me rephrase it. 8 BY MR. TAYLOR: 9 Q. You've read that question and answer - 10 A. Yes. 11 Q. -- I referred you to? And the question 12 is did Monsanto feel that there was a problem 13 in its level of knowledge as to where its 14 products were being used because of the fact 1 5 that they were being sold through distributors? 16 MR. HOPKINS: Object to the form. 1 7 THE WITNESS: No. 18 BY MR. TAYLOR: 1 9 Q. No? 20 A. No . 2 1 Q. Can you explain this answer, question and 22 answer then in connection with the 23 24 MR. HOPKINS: Note my objection. It 25 goes beyond his designation. You can answer if ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51461 WRIGHT Page 66 1 you know. 2 THE WITNESS: No. . 3 BY MR. TAYLOR: 4 Q. Well, do you agree that at one time 5 Monsanto did not know -- strike that. 6 Do you agree -- would you agree that when 7 Monsanto used distributors, including AMSCO, 8 that it did not know where its product was 9 ending up? 10 A. In the early'stages, yes. 11 Q. When did that change or did that change? 12 A. I believe over the period of time the 13 relationship between our salesmen and AMSCO 14 salesmen and regional managers was better on a 15 -- especially in proprietary plasticizers. 16 Q. Tell me when understanding became 17 improved. 18 A. I can't tell you specific time. 19 Q. Was it before the withdrawal of PCBs from 20 the market in 1970? 2 1 A. I think we had a very good relationship 22 with AMSCO. 23 Q. I'm not asking you about whether you had a 24 good relationship or not. I just want to know 25 whether Monsanto felt that it had adequate ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51462 WRIGHT Page 67 1 knowledge as to where its products were being 2 sold through the distributors. 3 MR. HOPKINS: Objection to form. 4 BY MR. TAYLOR: 5 Q. And whether they felt that they had 6 adequate knowledge prior to the withdrawal of 7 PCBs from the market. 8 MR. HOPKINS: Objection to form. 9 THE WITNESS: That was a 10 responsibility of the Product Group. That Will 11 Clark was the manager of the Product Group at 12 that particular time. 13 BY MR. TAYLOR: 14 Q. That was part of Monsanto, correct? 15 A. Yes. 16 Q. I'm asking you as a designee of Monsanto 17 whether it felt that it had adequate knowledge 18 regarding where its products were ultimately 19 being used through sales to its distributor, 20 namely AMSCO? 2 1 MR. HOPKINS: Object to the form. 22 BY MR. TAYLOR: 2 3 Q. Prior to the withdrawal of PCBs from the 24 market? 25 MR. HOPKINS: Also object as beyond ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51463 WRIGHT Page 68 1 the scope. You can answer. 2 THE WITNESS: I believe I answered 3 that question. The Product Group would have 4 the knowledge of where the products were being 5 sold and what customers were being sold in 6 relationship to our district managers and 7 district salesmen at the time. 8 BY MR. TAYLOR: 9 Q. Is it your testimony then that Monsanto 10 felt that it did have adequate information as 1 1 to where its distributors or where -- how its 12 distributors' customers were utilizing the PCB 13 product ? 14 MR. HOPKINS: Same objection. 1 5 THE WITNESS: As well as our salesmen 1 6 would report into the Product Group. 17 BY MR. TAYLOR: 18 Q. And did -- is it your testimony that 19 Monsanto did not perceive this as a problem? 20 MR. HOPKINS: Same objection. 21 THE WITNESS: No. 22 BY MR. TAYLOR: 23 Q. No what? 24 A. I don't think that they perceived that as 25 a problem because of the relationship that we ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51464 WRIGHT Page 69 1 had with AMSCO. y 2 Q. Okay. Well, in answer to this question on 3 this press query, it says could it be that you 4 didn't know some of the end uses of PCBs? 5 A. Very possibly. 6 Q. And very possibly what? 7 A. Yes . 8 Q. That you did not know, meaning Monsanto? 9 A. I did not know. 10 Q. That Monsanto did not know? 11 MR. HOPKINS: Objection as beyond the 12 scope. 13 THE WITNESS: I can't speak for the 14 Public Relations Department. 15 BY MR. TAYLOR: 16 Q. I'm not asking. I'm asking regarding your 17 knowledge as the overseer of the relationship 18 with AMSCO. 19 MR. HOPKINS: Objection to form. 20 THE WITNESS: Would you state your 21 question again, please? 22 BY MR. TAYLOR: 2 3 Q. I'll rephrase it. 24 If you read the question and the answer - 25 A. Yes. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51465 WRIGHT Page 70 1 Q. -- and you've done that, correct? 2 A. Yes. 3 Q. Did Monsanto perceive there to be a 4 problem regarding its level of information or 5 knowledge as to where or how its distributors' 6 customers were utilizing the PCB products? 7 MR. HOPKINS: Objection to form and 8 beyond the scope. You may answer. 9 THE WITNESS: When? 10 BY MR. TAYLOR: 11 Q. Prior to the withdrawal of PCBs from the 12 market . 13 A. I don't know. 14 Q. Okay. How about after thewithdrawal of 15 PCBs from the market? 16 A. I'm sure yes. 17 Q. When you say you're sure yes, why are you 18 sure yes? 19 A. This was a problem product that we were 20 trying to withdrawal from the market. We had 21 to know where it was and whether the customers 22 were notified properly or not. 2 3 Q. And if you -- the first phrase of the 24 answer it says at one time this was probably 25 true since some of the product was sold through ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51466 WRIGHT Page 71 1 distributors. It says now, however, we have 2 very good control over uses of the product. As 3 of June -- as of July 14th, 1970 when it says 4 now, however, did Monsanto stop utilizing 5 distributors and particularly AMSCO for the 6 sale of PCBs? 7 MR. HOPKINS: Object to the form. 8 You can answer. 9 THE WITNESS: We stopped selling 10 Aroclors to Union AMSCO when the Product Group 11 decreed that the last shipments would be in 12 August. 13 BY MR. TAYLOR: 14 Q. Okay. So it's inaccurate when it says 15 since some of the product was sold through 1 6 distributors as of July 14th, 1970? 17 MR. HOPKINS: Objection to form, 18 foundation. 19 THE WITNESS: I don't understand what 20 staff at a Public Relations Department has 2 1 anything in this relationship for the control 22 of sale of plasticizers. 23 BY MR. TAYLOR: 2 4 Q. You would agree with me though that as of 25 July 14th, 1970 that AMSCO was still authorized ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51467 WRIGHT Page 72 1 to sell PCBs for Monsanto, correct? 2 A. I don't recall specific dates. It must be 3 in the record somewhere but I'm sure that we 4 discontinued selling to AMSCO as -- as stated 5 by the Product Group. 6 Q. And that was August 30th, 1970? 7 A. Whatever was the cut-off date. 8 Q. August 30th, 1970? 9 A. Yes. 10 Q. Prior to the withdrawal of PCBs, was there 11 one person or a group of people at Monsanto 12 that had the -- that had responsibility to 13 manage the relationship with AMSCO or any other 14 distributor? 15 A. I worked with the headguarters offices of 1 6 both Central Solvents and AMSCO. The regional 17 managers of Monsanto worked with the district 18 managers of AMSCO. That was the primary 19 responsibility of their relationship. 20 Q. So it would have been you, along with the 2 1 regional managers -- 22 A. Yes. 2 3 Q. -- that had that responsibility to manage 24 the relationship with AMSCO? 25 A. Yes. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51468 WRIGHT Page 73 1 Q. Did that change, meaning the structure of 2 the management of the relationship with AMSCO 3 or any other distributor after the withdrawal 4 of PCBs from the market? 5 A. No. 6 Q. Did your job -- was there a job title 7 created after the withdrawal of PCBs from the 8 market for the management of the distribution 9 relationships? 10 A. No. 11 Q. Okay. Was the Wilmington office of 12 Monsanto aware that AMSCO was selling PCBs to 13 Armstrong Cork? 14 MS. O'CONNOR: Objection to form. 15 THE WITNESS: I don't know. 1 6 BY MR. TAYLOR: 17 Q. In 1972 did you -- were you designated as 18 the sales manager for distributors of the 19 Plasticizer Division? 20 A. You have a record of my employment and I 21 believe -- I believe that's right. 22 Q. In 19 -- according to Wright No. 1, in 2 3 July of 1998 at your deposition you had a 24 handwritten note that said that in 1972 you 25 were Sales Manager Distributor Plasticizers? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51469 WRIGHT Page 74 1 A. Yes. 2 Q. Did that -- did your responsibilities 3 change in connection with the relationship of 4 the AMSCO -- well, in connection with AMSCO? 5 A. No. 6 Q. Just the name, the title changed? 7 A. Yes. 8 Q. Okay. But your job function did not 9 change in connection with management of that - 10 of the relationship with AMSCO? 11 A. You see the next assignment that I had for 12 all of the distributors within the corporate 13 Monsanto, Manager, Distributor Sales, Monsanto 14 Industrial Chemical Companies from '74 to '78 15 and I covered all products of the -- of the 1 6 division at that time. 17 Q. And that was in '74 to '78? 18 A. Yes. 19 Q. But in '72 you took on the title of Sales 20 Manager, Distributors for the Plasticizer 21 Division, correct? 22 A. Yes. 23 Q. Did your -- did your management of the 2 4 relationship with AMSCO change? 25 A. No. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51470 WRIGHT Page 75 1 Q. You still dealt with the central offices 2 of AMSCO and the -- or the regional managers 3 dealt with the AMSCO regional managers? 4 A. Yes. 5 Q. Okay. Did Monsanto have a policy in 6 connection with AMSCO after August 30th, 1970 7 on whether AMSCO could continue the sale of 8 product that it had already purchased from 9 Monsanto ? 10 MS. O'CONNOR: Any product? 11 MR. TAYLOR: PCBs. 12 BY MR. TAYLOR: 13 Q. PCB-containing products. . 14 A. If AMSCO wished to sell their product in 15 an inventory but we offered to take back the 16 product and encouraged that. 17 Q. But AMSCO, after August 30th, was, at 18 least according to Monsanto, authorized to 19 continue the sale of PCBs after -- that were in 20 its inventory after August 30th, 1970? 21 MR. HOPKINS: Object to form. You 22 can answer. 23 THE WITNESS: I don't know. I can't 24 answer that question. 25 BY MR. TAYLOR: ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51471 WRIGHT Page 76 1 Q. Were they -- well, you can't answer what 2 question? 3 A. I can't answer the question whether they 4 were authorized or not. 5 Q. Well, were they -- did Monsanto have a 6 policy -- 7 A. Don't know. 8 Q. -- on whether the distributor was -- 9 AMSCO was allowed to do that? 10 A. I don't recall. 11 MR. TAYLOR: Let me just check my 12 notes. I think that's all I have. That's all 13 I have for now. 14 (EXAMINATION OF MR. WRIGHT BY MS. O'CONNOR:) 1 5 Q. Mr. Wright, my name is Carolyn O'Connor 16 and I represent AMSCO in this litigation. I 17 have a few questions for you. You need a break 18 for anything? 19 A. No, I'm fine. 20 Q. Okay. Okay. In January of 1962 Monsanto 2 1 and AMSCO entered an agreement wherein Monsanto 22 appointed AMSCO as a non-exclusive distributor 2 3 of car or truckloads of drums for certain 24 proprietary products and that included 2 5 Monsanto's Aroclor line. Is that true? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51472 WRIGHT Page 77 1 A. Yes . 2 Q. Okay. And that contract continued 3 year-to-year unless terminated by either party 4 with six months' prior written notice. Is that 5 true as well? 6 A. Yes . 7 Q. Okay. And Monsanto agreed to maintain an 8 advertising and sales promotion program and to 9 furnish AMSCO was current technical literature 10 regarding those products. Is that also true? 11 A. Yes . Yes. 12 Q. Let me finish my question so she can keep 13 up with us. 14 Okay. To your knowledge, AMSCO did not 1 5 author, print or distribute its own product 16 literature or technical bulletins for any 17 Monsanto product. Is that also true? 18 A. Yes . 19 Q. Okay. Monsanto provided technical support 20 to AMSCO customers if requested. Is that also 21 true? 22 A. Yes. 23 Q. To your knowledge, AMSCO did not alter the 24 Aroclor 1254 it distributed or acted as an 2 5 agent with in any way. Is that also true? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51473 WRIGHT Page 78 1 A. Yes. 2 Q. Okay. Can you just take a minute and look 3 at -- in the distributorship agreement, the 4 second page, paragraph nine. Let me help you 5 out here. It was Wright No. 9 in your earlier 6 transcript. 7 A. I have it here. 8 MR. HOPKINS: Here it is. 9 MS. O'CONNOR: Thanks. 10 BY MS. O'CONNOR: 1 1 Q. Second page, why don't you take a moment 12 and read paragraph number nine. 13 (Witness reviews document.) 14 THE WITNESS: Yes, I'm ready. 15 BY MS. O'CONNOR: 1 6 Q. Okay. Okay. Do you know the origin of 17 that language, where it came from? 18 A. From our legal department. 1 9 Q. Okay. Had you ever seen this language 20 used in any Monsanto agreement prior to the 2 1 execution of Wright No. 9? Have you ever seen 22 this language used before by Monsanto? 23 A. No . 24 Q. Okay. So this was new language to you in 2 5 the distributorship agreement -- ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51474 WRIGHT Page 79 1 A. Yes. 2 Q. -- as it relates to paragraph number nine? 3 A. Yes. 4 Q. Okay. Did you ever discuss with anyone 5 the import of paragraph number nine, other than 6 your attorney? 7 MR. HOPKINS: Objection to form. 8 MS. O'CONNOR: Let me rephrase the 9 question. 10 BY MS. O'CONNOR: 11 Q. Did you ever discuss the import of 12 paragraph number nine with anyone at AMSCO? 13 MR. HOPKINS: Objection to form. 14 THE WITNESS: At the time of our 15 contract negotiations all of these paragraphs 1 6 were discussed. 17 BY MS. O'CONNOR: 18 Q. Okay. Do you recall the subject or the 19 content of your discussion regarding paragraph 20 number nine? 2 1 A. No. 22 Q. Okay. Let me read to you and into the 23 record the -- what appears to be the second 24 full line of paragraph number nine. It starts 25 about four lines, sir, do you see in the middle ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51475 WRIGHT Page 80 1 it says Monsanto shall not be liable? Do you 2 see that ? 3 A. Yes . 4 Q. Monsanto shall not be liable for and 5 distributor assumes responsibility for risk of 6 loss or damage resulting from the handling, 7 possession or use of the products, whether 8 alone or in combination with other substances. 9 What's your understanding of that language? 10 MR. HOPKINS: Objection in that it 11 calls for a legal conclusion. 12 MR. TAYLOR: I join the objection. 13 MS. O'CONNOR: Okay. Can he answer 14 the question? 1 5 MR. HOPKINS: You can answer if you 16 can . 17 THE WITNESS: Okay. 18 BY MS. O'CONNOR: 19 Q. Tell me what that means to you. 20 A. Monsanto -- the distributor is responsible 2 1 for his sale and service of the account using 22 our products and if, for example, they had 23 damage in handling and had loss of the product, 24 that would be their responsibility. 25 Q. So they were not to go back to Monsanto in ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51476 WRIGHT Page 81 1 case a product got lost or damaged in transit 2 in supplying their customer? 3 A. That's right, yes. 4 Q. Okay. Had that particular line ever been 5 invoked in your relationship with Monsanto and 6 AMSCO, to your knowledge? 7 A. I don't recall. 8 Q. Okay. Does it help you to -- let me go on 9 and read the next line immediately below that. 10 It says claims on account of weight, quality, 11 loss of or damage to a product shall be made in 12 writing as promptly as possible. That line 13 relates to the line above it, does it not, Mr. 14 Wright? 15 A. Yes. 16 MR. HOPKINS: Objection. 17 MR. TAYLOR: Objection to form. 18 BY MS. O'CONNOR: 1 9 Q. In fact, that line further supports your 20 understanding that these are claims based on 21 weight or quality or loss of the product 22 itself, correct? 23 MR. HOPKINS: Objection to form, 24 mischaracterization. 2 5 THE WITNESS: Yes. ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51477 WRIGHT Page 82 1 MR- TAYLOR: Objection. 2 MS. O'CONNOR: What was 3 mischaracterizing about that? 4 MR. HOPKINS: I don't think he said 5 that -- that that related, those words that 6 were provided to you. I also think he gave you 7 an example of something he thought would be 8 covered by the prior sentence, not necessarily 9 the full and complete extent of what the prior 10 sentence could have talked about. 11 MS. O'CONNOR: Okay. His testimony 12 stands. Okay. 1 3 BY MS. O'CONNOR: 14 Q. Okay. Then I want to go on, one more 15 sentence, Mr. Wright, Monsanto's liability for 1 6 losses or damages from all causes shall in no 17 event exceed the purchase price of the 18 particular delivery with respect to which such 19 losses or damages are claimed, plus any 20 transactional -- excuse me, transportation 2 1 charges paid by distributor. What's your 22 understanding of that sentence? 23 MR. HOPKINS: Objection. 24 THE WITNESS: That distributor is 25 fully responsible for handling his product, ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51478 WRIGHT Page 83 1 servicing the customer, transportation, 2 delivery. 3 BY MS. O'CONNOR: 4 Q. Mr. Wright, are you familiar with any 5 situation in which the language I've read to 6 you from paragraph nine, all three sentences or 7 any portion of paragraph nine, have been used 8 as a method of requesting that AMSCO pay for 9 losses to third parties? 10 MR. HOPKINS: Objection to form. 11 BY MS. O'CONNOR: 12 Q. Do you understand my question? 13 A. I'm not aware of any. 14 Q. You're not aware of any. One second. 15 Do you know who in the legal department at 1 6 Monsanto provided you with the language that 17 appears in paragraph number nine? 18 A. I don't recall. 1 9 Q. Who was working in the legal department at 20 the time that this agreement was drafted, do 2 1 you recall that? 22 A. No . 23 Q. Okay. But you do recall that it was 24 something done in-house as opposed to by 25 outside counsel? ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51479 WRIGHT Page 84 1 A. In-house. 2 Q. One other issue. Earlier you were asked 3 about whether or not this is the only contract 4 between Monsanto and AMSCO regarding 5 distributorship in effect between 1961 and 6 1978. The effective date of the agreement you 7 have before you, Mr. Wright, number nine, is in 8 fact January 1st, 1962, is it not? Let me 9 direct your attention, help you out here. 10 That's not supposed to be a trick question. 11 Let me direct your attention to paragraph 12 number five on the first page. So is it, in 13 fact, true that the effective date of this 14 agreement is January 1st, 1962 and that it was 15 not in effect in 1961? 1 6 MR. TAYLOR: Objection. 17 THE WITNESS: Yes. 18 MS. O'CONNOR: Thank you. I don't 19 have any other questions. Thanks a lot, Mr. 20 Wright, for traveling out here. 21 THE WITNESS: Thank you very much. 22 MR. HOPKINS: No questions. 2 3 MR. TAYLOR: Thanks, Mr. Wright. 24 (Adj ourned. ) 25 ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51480 Page 85 1 CERTIFICATE 2 I, Joann P. Callahan, a Notary Public and 3 Certified Shorthand Reporter of the State of 4 New Jersey, do hereby certify that prior to the 5 commencement of the examination, 6 JAMES WRIGHT 7 was duly sworn by me to testify to the truth, 8 the whole truth and nothing but the truth. 9 I do further certify that the 10 foregoing is a true and accurate transcript of 11 the testimony as taken stenographica1ly by and 12 before me at the time, place and on the date 13 hereinbefore set forth. 14 I do further certify that I am 15 neither a relative nor employee nor attorney 16 nor counsel of any of the parties to this 17 action, and that I am neither a relative nor 18 employee of such attorney or counsel and that I 19 am not financially interested in this action. 20 21 22 23 JOANN P. CALLAHAN, C.S.R Notary Public, State of New Jersey 24 My Commission Expires 4-22-03 Certificate No. XI00964 25 Date: June 1, 1999 ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51481 Page 86 1 2 EXHIBITS 3 (Exhibit Wright-1, Notice, is marked for identification.) ........................................................................ 6:17 4 (Exhibit Wright-2, 12-27-61 Memorandum, is 5 marked for identification.) ..................................... 38:25 6 (Exhibit Wright-3, 7-14-70 Press Query, is marked for identification.) ..................................... 63:20 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALAN L. LESKY & ASSOCIATES TOWOLDMONOQ51482