Document Rav9xY7pbRBqGjLy3XgwJLeME

X 1 /dmitrd^states;district mmT FOR THE DISTRICT OF MASSAOH0SETT$ 2 0 * A * # 39wS0201"F 3 4 ADIOR D. WARREN, ADMINISTRATRIX 5 OF THE ESTATE OF JOHN 2< WARREN, DECEASED 6 VS, ' 7 THE DOW CHEMXCAD COMPANY , ET AD S 9 DEPOSITION OFt JERRY NODET, taken before 10 Joanne Coyle# Certified Shorthand Reporter, Notary Public pursuant to the Federal Rules of 11 Civil Procedure, at the offices of Robinson Donovan Madden A Barry, 1300 Main Street, 12 Springfield, Massachusetts, on February 26, 1901, commencing at 3i00 p.m. 13 14 APPEARANCESi 13 (FDEASE SEE PACE 2) 13 17 Joanne Coyle certified Shorthand Reporter 18 19 PHILBIN & ASSOCIATES Certified Shorthand Reporters 20 Certificate of Proficiency Certificate of Merit 21 22 96 State Street Springfield, MA 01103 23 Tel (413) 733*4078 P.0, BOX 402 Pittsfield, MA 02102 Tel (413) 499-2231 COMPUTERIZED TRANSCRIPTION RSV0022555 PHIDBIN St ASSOCIATES 4. 1 kzznmmpmt 2 ROBINSON DONOVAN MADDEN a BARRY,18Q0 wain Street, Springfield, Massachusetts, representing the 3 Plaintiff, bys keitb k,, mxnoff, esquire baMyrr 4 HOTTER, MoCLENNAN A PISH, One International Plane, 5 Boston, Massachusetts 02210, representing the Defendants how chemical, Onion Carbide, and 6 Qonioo, BYi SHARON R. BURGER, ESQUIRE and 7 SOSAN D, PARSONS, ESQUIRE a MORRISON, MAHONEY A HIDDEN, 260 Summer Street, Boston, Maseaohueetts 02210, representing the a Defendant B, F. Goodrich. BY: JOSEPH R. RENDINI, ESQUIRE 10 MEDIOK A PORTER, One Joy Street, Boston, ii Maseaohueetts 02108, representing the Defendant Monsanto. 12 BY: ROBERT P, POWERS, ESQUIRE 13 * m * * * 14 15 16 17 18 19 20 21 22 23 COMPUTERIZED TRANSCRIPTION RSV0022556 PHIDBIN A ASSOCIATES 1 2 WITNESSES; ta M 3 Jerry Nolet 4 5 EXHIBITS; 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 INDEX DIRECT CROSS REDIRECT RECROSS Mt 4M M Ml M M M ** M ^ 5 DESCRIPTION PACE RSV0022557 COMPUTERIZED TRANSCRIPTION PHILBIN A ASSOCIATES : 4 _ ' '1. STIPULATIONS a 3 It is agreed by and between the parties that 4 all objections except abjections as to the for of 6 the question are reserved to be raised at the time 6 of trial for the first time. ? a It Is further agreed by and between the a parties that all motions to strike unresponsive 10 answers are also reserved to be raised at the time ii of trial for the first time. 12 13 It is further agreed that the deponent will 14 read and sign the deposition and that the filing of 16 the said deposition will be waived. 16 17 It is further agreed by and between the 18 parties that notification to all parties of the 19 receipt of the original deposition transcript is 20 also hereby waived. 21 22 * * * * * 23 COMPUTERIZED TRANSCRIPTION RSV0022558 PHILBIN A ASSOCIATES *- i : \: 'x.' / 1 JERRY N0&ET, Deponent, haYlng been first 2 duly sworn, deposes and say a follows*. 3 MR. MINOPPj Same stipulations, 4 everybody? that is that all objections except those 5 as to fora shall be reserved for 'trial and don`t 6 have to be made her# and th# earn# with respect to 7 any motions to strike. 3 MS, RtJROJSRi Yes, 9 MR, RENDINXs Pine. ib MR. Minoffs And Mr. Powers, will Mr. ii Nolet b# reading and signing? 12 MR. POWERS* Yes; he Will. 1$ * * * * 14 DIRECT EEAMlMATyON SY JR, MXNOPF 13 Q. Mr, Rolet, can you please tell us what your IS home address is? 17 A. 724 Prank Smith Road, Dongmeadow, Mass. 19 Q. Mr, Nolet, as you may know, I represent the 19 Plaintiff in this case, Alice B. Warren, who is the 20 administratrix of the estate of her late husband 21 John Warren. 22 This case is based on injuries which Mr. 23 Warren suffered while a Monsanto employee because of COMPUTERIZED TRANSCRIPTION RSV0022559 PHXBBIN R ASSOCIATES ' ," 0 'S'S ' exposure to vinyl onloyi4 ao4 vinyl chloride 2 related''compounds'a-t Monanto In Springfield . Why 3 don't we start by having -- A MR. RENDlNIs Objection. 9 Q* (BY MR * MINOPP) Just by way of j. 6 introduction, why don't we start, Mr* Holst, by 7 knowing What your present occupation is? a A. 1 an currently a contracts manager in 9 Regional Office Purchasing in Indian Orchard. 10 Q, How long have you had that title? li A. Thirteen years. 12 Q. What do you do as contract manager at the 13 Regional Office in Indian Orchard? 14 A. I am responsible for buying raw materials 19 for several of our northeast plants in our region, 16 so it 1 a purchasing function. 17 Q, Are you responsible for all of the raw 16 materials that are purchased for use at Indian 19 Orchard? 20 A. Ho. 21 Q. Is some of that responsibility shared by 22 others at the Indian orchard plant? 23 A. Correct. COMPUTERIZED TRANSCRIPTIOH RSV0022560 PHIhBIH & ASSOCIATES ..... . ; 1 "\P 1 - . " ''- , . ,, . t ' ; V ' .. '.. ' , ,v .~TT7 " ?---- --- . ,, ; v' . , :< . 'v'T' ".......7 ' ` ;---1 . 'v 1 <X* As. w-Sll- as- people 1 in' the:,.-*. tonis. 3. headquarters? 3 A. Correct,* Vs. ' 4 Q. Do you manage, then, certain contracts and 6 other people manage other contracts? IS that how S the responsibilities areydivided hp? 7 A. Yes * that is a good definition -- align d 8 by raw material rather than by contract, 1 would 8 say, 10 There would be a list of raw materials that Jt would be purchased, and those individuals who are 12 responsible tor certain raw materials would then 13 contract for those raw materials either at the site 14 here at the Regional Office or St. houls. 15 Q. And you have been doing this since IS approximately 1378? 17 A* Correct. 18 Q, Bow long have you been at Monsanto In IS total? 20 A. Twenty~our years. 21 Q. Starting in 1367? 22 A. February, roughly, 1867? yes. r- ^ 23 Q. What were you when you started at Monsanto? COMPUTERIZED TRANSCRIPTION RSV0022561 PHILBIN A ASSOCIATES I 2 Mandtacturlng Technology. 3 Q* Was that the nans of the area that you 4 worked in Manufacturing Technology? 5 A; Yes; and specifically in -:that 'area-' hall d 6 polystyrene. Ihe tradenameis hastrex for 7 Monsanto. 6 Q. How long did you remain in that position? a A. Probably two years. 10 <*, Until sometime in 13697. 11 A. Correct; yes. 12 Q* Did all of your work at that time concern 13 polystyrene as opposed to other substances? 14 A. Ye/ primarily polystyrene. IS Q, But what other materials did you deal in# 16 other than polystyrene during that period? 17 A. It would have been specifically in the 18 manufacture of polystyrene. 10 Q. You are familiar with polyvinyl chloride? 20 A, Yes, 21 Q, Is that something that is totally separate 22 and apart from polystyrene at the Monsanto plant? 23 A, Yes; completely separate. COMPUTERIZED TRANSCRIPTION RSV0022562 PHIhBlN & ASSOCIATES 1 Q. Dur1969, therm'.->..i* a separate division for poiyv.jnyl chloride or PVO 3 as it was called -- just as there was one for 4 polystyrene? 6 A. Absolutely. Those'are separate 6 departments. 7 Q. Where did you go fre there in 1969? 8 A. I transferred Into the Purchasing 8 Department and became the raw material purchasing 10 supervisor for the Springfield plant, 11 Q, Are you presently employed in what is 12 called the Purchasing Department or is it a 13 different area? 14 A, This is a Regional Purchasing Department 15 that 1 am employed in and I merely rent office space 16 at Indian Orchard, 17 Q. what do you mean by that? 1 don't guit IS follow you, 18 A, It is kind of weird. This office was 20 located in another location south of Baltimore and 21 we transferred here seven years ago. The office 22 transferred and we are now **- we are in the same 23 responsibilities except we rent office space at the COMPUTERIZED TRANSCRIPTION RSV0022563 PHIDBIN & ASSOCIATES 1 Indian Qrnh&r& site rather the**- lesd'^ a south of Baltimore same responsibility hut 3 different sits. 4 Q. $o you started in 1983 working wit^ya^ 8 materials purchasing? 6 7 Q Was that, purchasing -solely;:' for "the^^indian:.''';-- 8 Orchard plant? 3 A, Completely, 10 Q. You had some kind of supervisory role 11 there? 12 A, Yes. 13 Q. Bow long did you stay in that position? 14 A. I would ay roughly three year. 18 Q. Which would take us to 1972? 1 . A. Yes. 17 Q. Where did you go in 1972? 18 A. At that point, 1 became purchasing agent at 18 another location --* it could be *72 or *7$, plus or 20 minus a year there -- to South Windsor, 21 Connecticut, 22 I became purchasing agent there and we 23 manufactured plastic Coke bottles. COMPUTERIZED TRANSCRIPTION RSV0022564 PHItiBIN R ASSOCIATES , * ' - :r * . "r W '7 .W-". ;V i' i : ' 1 <$* How long^di;& you stay at the South Windsor ' 2 location? 3 A. X would say * 75 -- mid-seventies. 4 0 When you were employed at the South Windsor 3 location, you were only Involved In purchasing raw 6 materials used at the South Windsor location,.is 7 that right? 8 A, That is correct, 3 Q. You had nothing at all to do with the 10 Indian Orchard plant during that period? 11 A. No, sir; no. 13 Q. Between 1369 and 1972, Mr. Nolet, when you 13 worked in Raw Materials Purchasing, Indian orchard, 14 did you have any involvement whatsoever in the 13 purchasing of vinyl chloride monomer for use at the 13 Indian orchard plant? 17 A, Yes; I did. IS Q. What was your --- what did your involvement IS consist of? 20 A, X guess the Involvement would be more 21 described as a servicing and administrative 22 function. 23 Q. What do you mean by "servicing"? RSV0022565 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES :Vv',;' 'A . *s- i : - '' v A! ` ' *l Bf -----------r-^ 1 'r/':-,1 ,1- *T ; I1 , -:?;-r, /, . . ' `V;: , , 'i. ,v , 'ri'-i.'Vw' , ..'V< :A .! . - , , V,;! ` I ' , , , " ' '"V ` ' . A ;, ` - vV./,- ,'r ' i / .-./v- . ' . v,v -r .< ,-j. rL' 1 " '' ' ,1 ' ` ' <' Hu- ' , ; V , : ?y r .-A.*. .f ,V>j A,r:'- ` 1 A", ' U:-/'' ' it. ; r , 'r\- X A.1' A. '' Well; that' contract was negotiated and , % .administered in St. Louis. 9 Q. What contract was that? 4 A. Thin was the product that you are tulklhg 5 about -- VOM. a Q. A contract between what parties? '7 A. The, ohe that I recollect would have been a between Dow and Monsanto. a Q. That was a contract for the furnishing by to t>ow of vinyl chloride monomer to Monsanto? a A. Correct. 12 Q. Did you ever see a copy of such a contract? 15 A. I never saw the contract. 14 Q. You say that was administered through $t. 16 Louie? 16 A, In St. Louis, There would have been a 17 contract manager In St. Louie that would have had IS that responsibility. 19 Q. Do you know who that contract manager was? 20 A, I do not recall. 21 Q Are you familiar with a fellow named R. H. 22 Burnett who worked out of St. Louis? 23 A. I do know Ron Burnett; correct. COMPUTERIZED TRANSCRIPTION RSV0022566 PHILBIN & ASSOCIATES 'i t V ',v`j '# ` . ' 1 `.ftfrf Do you know it Mr, Burnett waft ittv01v#dln a 4ayway In', the administering of this pow contract 3 that-: you referred tot 4 ft, 1 really do not recollect. ft Q. I think you were explaining to me what you ft meant, by servicing in context of that contract. 7 Oouid you pleas elaborate on thatt ft A. Sure; in terms of information flow, that ft contract would have been -* or the terminology would 10 have been submitted to the plant. The plant, In 11 turn, would prepare a blanket order against that ia contract. 13 Then, the plant would order its 14 requirements as needed against that blanket order. IS The suppliers% invoices then would be paired up 16 against that blanket order, listing the terms, 17 conditions of the contract, and we would pay 1ft invoices as they were received, 1ft Q* once the blanket order was prepared, It was 20 prepared at the Indian orchard plant? 21 A. Correct, 22 Q, Where was it then sent to? How was thi 23 thing routed? COMPUTERIBED TRANSCRIPTION RSV0022567 PHIDBIN ft ASSOCIATES PlgWia'i 'l , - c ; 'iT-p 4\. ,wL, mm.i - ft ; ytr--' r: ' -. 't : '> ' T-^1 , ', - / .,, -j--------------- ---------------1 v' ; '. ,, , .' `. r..1'-: .v---'1,:j,.;v. -"-v `f. - >: v;"' . ...V '. . ' ;i4i, ;, v ,\ s) *. 'A; A' o0py'-bf 2 supplier ;#nf to' the 3 Q, That being Dow in this case? 4 A, Bow. in this it would have been Dow 5 would have been the supplier. A Q. And a copy would |\au hen ratalnsd by tha ? Purchasing Department? -':\r;\r 8 A * By the purchasing Department and also by 9 Accounting -- Accounts Payable. X0 Q* How did the blanket order differ from the 11 next stage in which you said the company would ord r 12 requirements a needed? That required a further 13 ordering process? 14 A. Yes; as I recall, the daily orders would 18 have referred to only that one blanket order number 18 that would have been issued out of the Indian IT Orchard plant 16 The person making those telephone calls far 19 product to be delivered at a given point in time 20 would have called her contact, if you will, at Dow, 21 to make what was called at that time "releases," It 22 would be numerical. They would release one or they 23 would release fifty, depending on the given time COMPUTERIZED TRANSCRIPTIOH RSV0022568 FHILBIN & ASSOCIATES i always keeptngthe araa' ^iahket;, order 2 ;-,jpml^0r,;'; , . \ _ 9 Q-. I understand, Jr*-.that you nev^r...actually; 4' : aW/'this- contract between Dow and Monsanto# is that s right? :ryiTy,Jky. ' Correct; ye. 7 , , Do you know whether';that, Contract had a - 1 8 specific term or length of time during which it was s to remain In effect? 10 MS. BUROERt Objection, it THE WITNESS: I really don't recall. 13 0, {BV MR. MTNGFF) Co you know whether that 13 contract was already in effect at the time you 14 started in Raw Materials? 15 MS, burgert Oblectioh. 16 THE WITNESS Should X answer? 17 MR. MlNOFFs Yee. 18 MS, BURGERt When I object, X am just 19 making a position for the record. Unless your 30 counsel suggests you not answer, you should answer, 21 even though I have objected. 22 THE WITNESSj Okay? to the best of y 23 knowledge that contract was in effect- The period COMPUTERIZED TRANSCRIPTION RSV0022569 PHIBBIN & ASSOCIATES f ' ' ; /-r j! r r; -v- \,. 44 .if v-;:::fc4- 4 4:44 4: : . 1 of the* contract, X don' t reoall. 2 Q. (BY MR. MINOFF) To your knowledge, was that 3 contract also in effect when you left tile Raw , 4 Materials area in 1972? 5 MS, BURGER; Objection. $ THE WITNESS : TO the best of ayv.-... 7 knowledge, it was. 3 <5. (BY MR. MINORS') What specific 9 responsibilities, if any, did you have, sir, with 10 respect to the Dow contract during that period of 11 time, 1969 through 1972? 12 MS. BURGER: Objection. 13 THE WITNESS: Primarily from a 14 servicing standpoint, product quality, product 10 deliveries, receipts on time, when requested and as 16 the typical purchasing Interface between the sales 17 contacts who were making calls at the location at 16 that time. 19 Q. (BY MR. MINOFF} With respect to product 20 delivery, what did that involve from your point of 21 view? 22 A. Again, merely scheduling or having a 23 subordinate schedule product for delivery at a given RSV0022570 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES i period oj? time. '' : ' 2 Q. Do you know how the V0W furnished by Dow 3 was physically delivered toother. $:l.snt?''' 4 ms. buroerK' Ob-jaeticm', -.v 6 THE WITNESSs As I recall, %t Wee all B In bulk' shipment and #'*'.ha'^e been ip tank 7 ear. ': ' 8 Q, (BY MR. MINOFF) Do you know whether 9 Monsanto went to Dow to pet the material and brought 0 It back or whether Dow delivered It, Itself, to the 1 plant? Do you know how that occurred? 2 MS. BORGRRs Objection. 3 THE WITNESS? I do not. 4 Q. (BE MR. MINOFF) Do you know, Sir, If & between 1969 and 1972 Monsanto supplied any of its 6 own vinyl chloride monomer for use at Indian 7 Orchard? 3 A. X do not recall whether we did or not, 9 Q. Can you tell me if there were any other 0 suppliers of vinyl chloride monomer to the Indian 1 Orchard plant other than Dow during the time you 2 were working In raw materials? 3 A. I do not recall any other supplier other RSV0022571 COMPUTERIZED TRANSCRIPTION PHIDBIN A ASSOCIATES  1 than." 0^;> at' that a time* ' * % Q. .. The way the Raw Materials section --wse-'v '< s structured, were you responsible for all purchasing 4 of vinyi^chioride. or'Weve thers other people- who. - 5 were responsible for vinyl chloride? 6 , MS, B0R0|!Ri Objection* 7 Q. (BY MR. MIUOFF) As well? 8 A. You are speaking of the Indian Orchard site 8 now? 10 q. Yes. 11 A, I would have had prime responsibility. 12 Q. What I am getting at, sir, Just 18 hypothetically speaking, if there were other 14 suppliers of VCM to the Indian Orchard plant during 18 the period you were working in Raw Materials, would 16 you have been in a position to know that? 17 MS, BuROER: objection. 18 MR. RENDINIj Objection, 18 THE WITNESS: I would have? yes. 20 Q. (BY MR. MINOYF) Do you know, sir, or do you 21 recall what quantities of vinyl hloride monomer 22 were being purchased by Monsanto from Dow in that 28 1868-1972 time period? RSV0022572 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES "'-Vvv^W A."/' I don*t remember specifically the total 2 amount but it certainly would have bean in millions i ' - ' & of pounds. 4 ; Beyond that, t really couldn't -- 1 don't $ | recall exactly the total amount. s Q,..'.;, Mas material ** Vinyl chloride monomer. r| dellvered on a regular basis to the plant? 8 MS. BURGERt Objection. MR. REKBINIr Objection. 10 THE WITNESSt Meaning What? 11 Q. (BY MR, MINOFF) Were there shipments coming 12 in every week or every month or twice a year? Oan 13 you give me some idea as to how those shipments 14 went? 18 A, To the best of my recollection, it would 16 have been on a fairly standard frequency basisj 17 yes. It was fairly uniformly, IS Q. Bo you know what the standard frequency 13 basis was for delivery of VCM during that three-year 20 period? 21 A. I really don't recall but it would have 22 been in tank ear quantities. I can't answer -- the 23 frequency would have been fairly uniformly spread RSV0022573 COMPUTERIZED TRANSCRIPTION PHILBIN # ASSOCIATES ,v r ^ > ', ;* ' ;, i`'yutfsij. ,'" . 'vS^.v- m -$ 'V .... ' .. 1 o;vWf:;', that-'` given period. , ,,' *'.'* '',tfp #. ` ` fV * So by that/ do yon mean that the amount of 3 delivered,;to the plant did not vary 4 s'l'glni'ficantly during that period? -".V. ' i ,' 5 It was a fairly regular amount being '..> delivered? : * MS. BOROER* Objection. 8 MR. REND1NI: Objection. 9 THE WITNESS* I think it would have 10 been fairly levelj yes. 11 Q. (BY MR. MINCER) Yon are not aware that 12 there was any source for that VOM during that time 13 period other than Dow Chemical Company, le that 14 correct? 1-6 MR. RENBINlt Objection. 16 ms. burser* Objection. ,1? THE WITNESS 5 TO the beet of my 10 knowledge, that is correct. 19 Q, {BY MR. MINCER) You alo mentioned, sir, 20 that you had responsibilities as tar as quality of 21 the VOM, ie that right? 22 A, By that I meant that -- I wasn't in quality 23 supervision but it there had been any quality COMPUTERIZED TRANSCRIPTION RSV0022574 PHIDBIN R ASSOCIATES i 1 1 $$$; $*&du'.t, ilH*t .*** yeo* Jived #. S would: 2 Involved in communicating that to the 3 eu^pi|:r^ correct.. .-.- 4 good to foe;: 5 j?atttr:^ad;,-b,ti:''rj'iplao:0`d/ for instance? 1 6 Ch'retained or whatever > am a 7 bnal^ae;,'correct, 8 Aye you aware, air, of any arrangements 8 between Monsanto and other chemical companies daring 10 those three years where **~ not just with respect to 11 VCM; bat with respect to other raw material with 12 which yon dealt -- where the companies would simply 13 swap goods for goods? 14 ms, boroers objection * 15 MR, RENDtHls Objection, 18 THE WITHERSi Paring this time frame? 17 Q. {BY MR, MINORS) Yes. 18 A, Yes; there were 1terns that, a part of the 19 Industry, 1 think there 1 a lot of swapping within 20 the industry; that 1 correct. 21 Q* Were you aware of any swapping with respect 22 to VCM during your period in Raw Material at Indian 23 Orchard? RSV0022575 COMPUTERIZED TRANSCRIPTION FHILBIN # ASSOCIATES % ? ''ffl*-:'-t /Ofcjedtiofr. .2 ; MR. RBWDIHI? Objection. 3 TRB WITNESSt I was not- Q, (BY MR. MXNOFP) Th4 VOM %it was obtained ^ * ,1 6 by Monsanto from Bow, was that all obtained via purchase of that,,material by-;,'Mona^h.to? `h 7 MS. BURGERt Objection,',' 0: MR. RBNDINXi Objection. 9 THE WITNESSt To the bast of ay 10 recollection, that is right, 11 Q. (BY MR. MXNOFF) That is Monsanto paid money 13 for It rather than exchanging -- 13 A. (interposing) Paid money -- 14 MS. BtTROBR* (Interposing) Can we IB hold to having a question and then an answer Instead 16 of talking over each other. 17 I object to what was lust going on because 16 it was back and forth. 13 Q. (BY MR. MINOFF) I will start again. It is 20 your testimony that to your knowledge, Monsanto paid 21 Bow money for all of the VCM that it got dtiring that 22 time period, is that correct? 23 A. I am really not sure. COMPUTERIZED TRANSCRIPTION RSV0022576 PHILBIN & ASSOCIATES "r; - f ,;-V'-'* * -i ` ' ,';J ,,v ^ f,' V?-. '.* Q. V -'During''the' period that yon Were naikin^xM^raw materials, Mr. No letwhere were -the" plant copies of the purchase orders regularly kept? A. It would have been kept in the purchasing office in the blanket order file. Q. Did the;;'company have a policy at that time regarding how long it would retain those types of records? 9 A. I am not sure what the record retention 10 policy was at that time. I know what it is now and 11 I am trying to decipher whether that would have 12 changed. 10 Today's record retention would be two years 14 and X really can't remember exactly how long IB whether that policy has changed, That was twenty 16 years ago. 17 Q. The present policy is to retain purchasing 15 records for two years? 19 A. To the best of my knowledge; yes. 20 Q. What happens to them after two years? Are 21 they destroyed? 22 A. They are destroyed. r 23 Q. During those two years, are they kept -- RSV0022577 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES i,-V .'?;>$,ry$;j\' / , ,1* j.-T.', *- \fyu` jv' _f '''.Si if * ''!!?<',T i > " 'V-, i - Ik- ' "'. yr.: ,-, '.' - - :',V ' :':;;;- :',y " ` 1 'J : - '* : ,, !i ^' ^j''% ; i \ ^-^'-0 -'. ' .,'J-,' "1 /-'/'`V, /- -'v; ''iliiv',''.V,:`* L]' i:^A i the redbrds generated at '-r-* : are they 1 a kept at the Indian Orchard plant until they are 3 destroyed? ' . "', "' J 4 A. As far as I know.: , 1 . 1 '. ' ', 1; 5 Q, Do you know if duplldktes dt any of these 6 records are regularly /ke^'t,;4d;:i^^ headquar.tera;:-,4d:'/;- 7 St. Douis? ^ 3 A. Are you talking about now or the 1969 time 9 frame? 10 Q. Lett's talk about right now, for now. XX A * I think the majority of plants would keep 12 that particular Information at the local plant. 13 Q, During the time that you were in Raw 14 Materials in the early seventies, was the St. DaUis 15 headquarters furnished with copies of the purchasing 16 documents? 17 A. I really don't recall. 18 Q. Sir, are you familiar with a document known 19 as a "Material Safety Data Sheet"? 20 A. MSDS; yes. 21 Q. You are? 22 A. Yes. 23 Q. Between 1969 and 1972, did you regularly RSV0022578 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES - 'L > .', --i -\ ;U''-^fiK -y '.Vi&V ''- v;^"Y'^"j',!^ -V L ^#f^r|;//;;--'- d&ti{k`<t ; . \ : ^v5.. 1 * ^ i - * '' - 1 ' ^ ` r'Ai `.i i'1-;*, >*- J ' -V \ . :\. M* ->.,1 work with suoh documents section?' t, T,f. - - * f* A j*. v%ii^-* '>.''5^^,-t--- t* '*'*''1''1.' ^ '' *1 -'r` ^ '' ';'; ** m& y -u/-^ ':>i A#/ I did; not, personallyj vlie*- \ 'y' : V^:! Q. You know of them them on, a daily basis4? , M$. Rtt&dRRt.,_. . . Vlt with ''* t THI WITNESSs . ''' '^;;;*- 8 we actually had an MSBS back in 1659 of if it wa 9 even called that. I don't recall, 10 Q, (BY MR. WINDER) Approximately what month in 11 1969 did you tart working in Raw Materials, do you la recall? 13 A. I don't recall. 1 am sure it would be part 14 of ay record, but I don't have that Information file 15 with me. 16 Q. Part of your personnel record? 17 A. Yes. 16 Q Where is that kept, do you know? 19 A. x think my current file would be at Indian 30 Orchard, 21 Q. To your knowledge -- strike that. Was 22 Monsanto, to your knowledge, purchasing vinyl 23 chloride monomer from outside sources before you RSV0022579 COMPUTERIZED TRANSCRIPTION PBIDBIN 5 ASSOCIATES y.-y-:-' W; ; yi ;A4 K , v : 1/`-'Vrgs-` V' ">-: " V'-.-'. .. ' "\'k f,-v tv*>' 'i wdht i t C''`..'w*?hk;. in^M** , * 'MS'. BURSERi O^ieotlOH* 3 THE WITNESS: Prior to 19687 ' 4 MR, RENfilNIj Objection. $ MR* MINOEFi Ye#, 6 THE witness j MY recollection;was .that r they were, 8 Q, {BY MR, mxnoff) What is that based on? How 9 do you know that they were? Why do you recall that? 10 A. This was In the department -- I was in the 1,1 polystyrene unit and the other unit was PVC, Oust a 12 matter of being in manufacturing, recognising that 13 there was another unit making PVC which would 14 reguire VCM. I 0. So you were aware that the plant was using 1 vinyl chloride monomer? 17 A, Right, exactly; but as far as the 18 intricacies ae to where they were buying It or who was supplying it, I have no knowledge of that. 20 Q, You are saying you have no knowledge of 21 what the sources were for vinyl chloride monomer 22 before you went to work for purchasing in 1969? 23 A, That is correct, -> COMPUTERIZED TRANSCRIPTION RSV0022580 PHILBXN & ASSOCIATES " 'r ..... . /J ' A' `_T iT"fs U-/7 iVy' , / *v; - i.",' ;;:; v? -' ` Q. -r--' , ` --1 W. ; . ' - ,1 ; -t'1 j ... -1 -\V` 1 : - y,-.,r, * - y - ;ii,' J- "........ .................... Vrt . . - ' . '>' -. - I 1 n. .' J s' !/ ; ' .< , '1,.' ` 1 i.\,,s? J,-* ' .i' > ;//, .;s "c;.;--r , > t' : M y : sv-v . |y<> : v. L*t,0' turn It arounda littldbit:. After you left that- at a in 1972 , and when you were in the '3 Raw Materials section, do you have any knowled as 4' -.to"-what outside sources Monsahto had 'for vinyl 5 chloride Monooer at the Indian orchard plenty 6; ,.MRv,.:i?;SR0lHI_r Objection. 7 TRf;;.WlTMBSt I do hot. i,. 6 Q. (By MR. MINOFF) Mr. Nolet, you were served 9 a subpoena to be here today? (Indicating) 10 A. Yes. 11 Q, You have that in front of you? 12 A. Right. 13 Q.. You were asked in that subpoena to bring 14 with you certain documents which are listed in that 1ft Exhibit A of that subpoena, correot? 16 A. Correct. 17 Q. You did not bring any documents today in 18 response to that, is that correct? 19 A. That is correct, 20 Q, Bid you make an effort to locate any of the 21 documents described? 22 A. Just from reading, I knew that non 23 existed. RSV0022581 COMPUTERIZED TRANSCRIPTION PHIDBIN & ASSOCIATES  ':& i-% : 3, 'C;" ', . . - r} ` - i ' ';V''^S ,;c ' A','' ' , - -:-\l :'' T MJ'"-''''SVvK"" &;v, `' ' . ' ' -''f.;- - 'V ^ . Ov'you didn't habe' aby such document??- ... A, X?- didiii t have any; that is correct. 4'.' <3' inquire of anyone else at Monsanto '5' if they bdd aby of these documents? . ;i A, 1 .. I don't have anythin# 0 else for Mr. Nolet, thank you. 9 MS. BBRSERs I don't have any IQ questions. ' 11 MR. RENDXMX * Mo questions. 12 (The .deposition Was concluded.j 10 # * t* # 14 15 16 1? 18 18 20 21 22 23 RSV0022582 COMPUTERIZED TRANSCRIPTION PHXLBIN & ASSOCIATES 1i} + 'rt'v ' -.r, V-1','. -- / ,, /'TM v,~--, i 29 1# 3 COVDE, .' Notary ppblio' within and o- 11^-. o f Massachusetts at', large, do 4- 3C .took,;- the d^oVlVl03fi..,oy,'i..JrNliN'y' . NOEjSt:rr|>^a^aV to the .ffede.tal Rales' of civil 5 "98> 1991, at the off ices of Rob0OiiOtrda Madden d Harry, 1500 Main street, 6 j. \S^rl|l0;ilal^^'^9|fc^dbttsatts.* .;; 7 , ^i^arttier." oartify''that-- tha aboye named /, depdnadi:;:^alf:;:' W;m#; f irst"daly'sword' to^' tes|ify;to S the.' ttuthVj''th: whble troth and nothing but the truth concerning hi knowledge in the matter of the case 9 of AhlOB i-t WARREN, ADMINISTRATRIX Off THE ESTATE Off JOHN H. WARREN, DECEASED vs, THE DOW CHEMIOAX, 10 COMPANY, ET AD, now pending in the Halted States District Court for the District of Massachusetts. 11 I further certify that the within testimony 12 was taken by me atenographically and reduced to typewritten form under my direction by means of 13 COMRCTER ACSlSTEb TRANSORXRTXON; and, X further certify that said deposition is a true record of the 14 testimony given by said witness. 15 X farther certify that I am neither counsel for, related to, nor employed by any of the parties 16 to t.he.:.';a'%t|,db.' in which this .deposition was taken; and futth!i.yf that it;' am not a relative or employee of 17 any attorney or counsel employed by the parties hereto, nor financially or otherwise interested in 18 the outcome of the action. 19 WITNESS my hand and seal this. 5Z1 day of MARCH, 1991, 20 21 Ioanns" Coyl< Notary Public 22 Certified Shorthand Reporter 23 My commission expire June 13, 1997 RSV0022583 COMPUTERIZED TRANSCRIPTION PHILBlN St ASSOCIATES 7-7:# :gi, ';'7.7/' :,:7,7:,; : ^ `""i ' rlw% - , ;/ -I'fv '..'vVp' ...y ^ P",^-' 'Wi-.=^ -v 'i v.-iy.; (M&- ,-.-i b t$,signed by deponent ah&-nettij?he<i -Ttb oounsel : a I, hl^e$^-: oentify that1 X Jhsye i?e*dXtha. ft^&goihgr; ' j&y./ teetimony '3iven in, the raatten of Alice h^Watren, AdtainiefrAtrixi'of . the Estate of A'nhn #>''war?en, J&a&f #'ji4<I ; taken oh afrit/'thA*'1my' knowledge^mX0\friasa* Iftt-, is, true . (with the resde|ti'an^ of the fall owing e^jp^o-t ions ' listed below: | " ' ";:;v"'"' : E.ML*. . ?- tine 5 10 ? r. ... . . 11 ! _......... ......................................,......... ....................... ,.. 12; * '* .4 . .'..'.: 10 !. .........'...1.',.---,....:.... ...................;.............. ,...................... . 14 .......... i # ! IS .... * j ' ............. 16 -, ---*-* - 17 #* IS j . . ......... . .... '---------- 1-- 13 t. . ... ... ... 20 DEPONENT1S SIGNATURE ' PATE SI 22 23 jo ,. .......... RSV0022584 COMPUTERIZED TRANSCRIPTION PHIDBIN & ASSOCIATES