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FILE NAME DuPont DUP DATE 1997 Jan 30 DOC DUP001 DOCUMENT DESCRIPTION Legal - Deposition of Barry Castleman - Part 3 WITNESS CERTIFICATION I Barry Ira Castleman Sc.D. hereby certify that I have read the foregoing transcript of my deposition taken in the aforementioned case on January 30 1997 I further certify that the transcript is a true and correct transcription of the deposition with 10 the addition of the errata sheet which is hereby made 11 a part of the deposition 12 13 Dated this day of , 1997 14 15 16 17 Barry Ira Castleman Sc.D. 18 19 20 21 Adams v DcNemours Multi Barry Castleman 1-30-97 IN THE DISTRICT COURT OF JEFFERSON COUNTY TEXAS JANIE W. ADAMS et al * V. E.I. Plaintiffs DUPONT De NEMOURS * 60th Judicial * District * COMPANY * * et al Defendants * * * IN THE DISTRICT * COURT * * * OF Case No. 152923 * * *k * DALLAS TEXAS STEPHEN L. BOWLES et al * Plaintiffs * V. * HANES COMPANIES INC et al * Defendants * * * * * * * * 192nd Judicial District Case * No * 95-08910 * * 446 VOLUME III OF THE VIDEOTAPED DEPOSITION OF BARRY IRA CASTLEMAN Volume III of the Videotaped Deposition of Barry Ira Castleman Sc.D. was taken in the captioned case on Thursday January 30 1997 commencing at 9:56 a.m. at the Law Offices of Andrew Waters 550 Light Street Baltimore Maryland 21202 and was reported by Sharon D. Livingston a Notary Public EVANS REPORTING SERVICE 2422 Southwest Road Baltimore Maryland 21234 410 882-0208 800 256-8410 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-30-97 446 IN THE DISTRICT COURT OF JEFFERSON COUNTY TEXAS JANIE W. ADAMS et al Plaintiffs V. E.I. DUPONT De NEMOURS COMPANY et al Defendants * * * * * IN THE DISTRICT * * 60th Judicial * District * * Case No 152923 * * * * * * * COURT OF DALLAS TEXAS STEPHEN L. BOWLES et al * * Plaintiffs * v HANES COMPANIES INC et al * x Defendants * * * * * * x 192nd Judicial District Case * No * 95-08910 * * VOLUME III OF THE VIDEOTAPED DEPOSITION OF BARRY IRA CASTLEMAN Sc.D. Volume III of the Videotaped Deposition of Barry Ira Castleman Sc.D. was taken in the captioned case on Thursday January 30 1997 commencing at 9:56 a.m. at the Law Offices of Andrew Waters 550 Light Street Baltimore Maryland 21202 and was reported by Sharon D. Livingston a Notary Public EVANS REPORTING SERVICE 2422 Southwest Road Baltimore Maryland 21234 410 882-0208 800 256-8410 Evans Reporting Service Adams v DeNemours i APPEARANCES 3 Attorney Street Dallas Plaintiffs S PHILIP W. VOGLER 6 GolFllooar tCenzter Pensylvania 7 Two ESQUIRE ESQUIRE 19102-1870 S Refractories Company D^'fendant19102-1870 Walker Koch 9 LEWIS C. MILTENBERGER MILTENBERGER&ESQKUnIoxRE 10 1717 Hamilton Dallas 12 ofTexas 75201 Refractories the Defendant Harbison Walker 13 LARRY COTTEN ESQUIRE E MEREDITH ESQUIRE 14 MEREDITH CAWTHAON CAWTHAON 15 Coninerge Street 101 Behalf the Defendant 16 Fort of Neunours E.I.76102-4127 Dupont De 17 18 BEVEL ESQUIRE Andrews 4400 19 Texas Dallas 75201 On Behalf the Defendant SarahSarah LeeCorporation of Lee 20 21 Also Present Brian Barton Videographer Multi Page 447 Barry Castleman 1-30-97 Page 448 2 It is stipulated by and between the reading 3 respective counsel for the parties that the reading 4 and signing of the deposition by the witness is hereby 5 waived 6 THE VIDEOGRAPHER January 30th 1997 at 7 approximately 9:56 a.m. we're back on the record 8 Our witness is Dr. Barry Castleman and is 9 still under oath 10 Whereupon 11 BARRY IRA CASTLEMAN SC.D. 12 the witness herein being previously sworn to testify 13 the truth the whole truth and nothing but the truth 14 was examined and testified as follows 15 EXAMINATION 16 BY MR COTTEN 17 Q Dr. Castleman as I told you yesterday I'm 18 here representing the duPont Company and the case 19 that I'm involved in -- well let me ask you do you 20 know the name of the plaintiff in the case that I'm 21 defending for duPont that you're giving opinions in Page 449 Page 450 + today 1 Q All right sir 2 A Adams 2 A and I -- you know I don't -- I'm not 3 Q All right sir 3 comfortable trying to draw conclusions about people's 4 Now with respect to the Lester Adams case 4 intent 5 brought by his wife Janie Adams who at the duPont S Q That would be true with respect to Dr. 6 Company intentionally engaged in misconduct 6 Stopps as well 7 A only know -- it's hard for me to point 7 A Yes 8 fingers at individuals Information was reported to 8 Q That would be true with respect to Dr. 9 Dr. D'Alonzo in the Trip report of Gordon Stopps in 9 Schepers 10 1964 10 A Yes I think Dr. Stopps and Dr. Schepers 11 Certainly information was available to the 12 company that was publicly disclosed in Dr. Schepers iL were inclined to protect workers from health and 12 safety hazards with 13 chapter of the text 13 Q That would be true also with respect to Ken 14 Mr. Keuper's boss was another person who was 14 Keuper 15 informed about problems of asbestos and the dangers of 16 cancer to workers exposed to asbestos 17 Q Are you saying that Dr. D'Alonzo 18 intentionally engaged in misconduct 19 A I don't know It's hard for me to 20 understand what anyone's intentions were from the 15 A Yes 16 Q And with respect to Ken Keuper's boss do any 17 you ascribe ill intention on the part of Ken 18 Keuper's boss 19 A Well I think that Mr. Keuper ascribed at 20 least a bad attitude to the boss in not acting on his 21 documents alone -- 121 recommendations Page 451 Page 452 \ Q Now that's not what Dr. -- what Ken Keuper 2 said in his deposition is it 1 Q I don't know sir Doctor -- 2 MR WATERS Let's go off the record for a 3 A I think we can take a look at the deposition 3 second 4 and that will be the best evidence of what Ken Keuper 4 MR COTTEN Okay S said S THE VIDEOGRAPHER We're going to go off the 6 Q right Did you -- which deposition was 7 that Do you remember 8 A No. 6 record at 10:00 a.m. 7 Whereupon discussion off the record 8 Whereupon a brief recess was taken -- 9 Q right Was that one of the depositions 10 or parts of depositions that you had in your duPont 11 file 9 10:00 a.m. 10 Whereupon after recess -- 10:07 a.m. Il THE VIDEOGRAPHER 10:07 a.m. We're back on 12 A think so 12 the record 13 Q And have you ever talked to Ken Keuper 14 A No. 15 Q Have you ever talked to Ken Keuper's boss 16 A No. 17 Q Have you ever talked to Dr. D'Alonzo D'Alonzo 13 A No. 13 BY MR COTTEN . 14 Q And I don't remember Dr. Castleman exactly 15 where we left off but I wanted to ask you with 16 respect to Dr. Schepers you've not talked to him specifically 17 about this Adams case have you 18 No. in 19 Q Have you ever talked to -- 20 A I didn't know -- is Dr. D'Alonzo still 21 living 19 Q And when is the last time that you were in 20 Dr. Schepers presence 21 A Six months to a year ago Evans Reporting Service Page 447 - Page 452 Barry Castleman 1-30-97 l 2 234 234 _ 7 8 9 10 11 12 13 .4 15 16 117 18 19 20 21 Q Do you know that Dr. Schepers is still testifying in lawsuits A I don't know He was then Q And do you know that Dr. Schepers is often . designated and testifies on behalf of plaintiffs in asbestos cases MR WATERS I'm going to object That calls for speculation MR COTTEN I'm asking him if he knows A I know he testifies as a fact witness often at the invitation of plaintiffs attorneys yes Q Do you know if he testifies as an expert witness A assume he probably does that too Q Have you talked with -- and apologize apologize if I'm repeating myself -- Ken Keuper about this matter -- A No. Q -- the Adams case Keuper's boss -- A No. Have you talked to Ken Multi Adams v Nemours Page 454 language Page 453 this 1 Q -1 about this 2 Do you know anything about -- other than 3 what you infer from the in Ken Keuper's -- 4 deposition that you talked about yesterday 5 A No. 6 Q -- do you know any in I'm sorry 7 ^ I can't go beyond -- in terms of what I 8 know it doesn't go beyond the deposition and the 9 written record 10 Q And with respect to that deposition 11 concerning Ken Keuper did you have the entire 1132 deposiMtR ionWATERS Do you mean now or recently or Keuper's 14 do you mean at any time MR COTTEN Any time that he formed his 1156 opinion about Ken Keuper's -- what he said about Ken 17 Keuper and about Ken boss 18 A My file did not contain the entire 19 deposition but I have since obtained the entire 2201 depQosirtiiogn ht And when did you obtain it : 21 2 3 4 : 5 6 7 8 9 10 11 4 14 15 16 17 18 19 20 21 Page 455 preparation A In for this case Q All right How many days ago A I don't know at what point it was added to file I mean this goes back over a period of time m beytween now and November and I've had discussions with Mr. Waters Q All right It was something that Mr. Waters brought to your attention A Yes MR WATERS Well wait Let me object to that He already was familiar with the deposition long before I became a lawyer probably Q As far as this -- the specific deposition the entirety of the deposition that's something that you obtained from Mr. Waters A Yes intentional y Q So is it correct that you're unable to identify specific individual that you know intentionally engaged in misconduct with respect to Lester Adams in this case A That's right Page 456 1 Q And you don't know on what dates -- if there 2 were any acts of misconduct on what dates those acts 3 would have occurred 4 MR WATERS Well I mean that's a -3 5 that's a little bit of a trick question The acts 6 that are complained of are a series of exposures to 7 asbestos in the 50s 60s and 70s and you're trying 8 to act like it's a car wreck and there's two incidents 9 or something like that 10 We're talking about corporate conduct on 11 behalf of an entire corporation over a long period of 12 time MR COTTEN Okay I understand your 1134 position Mr. Waters I'm trying to examine the confusing 15 witness the question is 16 MR WATERS Well I think 17 Well whatever I've made my objection 18 Q right Could you answer the question 19 A I'm sorry What's the question again 20 Q Is it correct that you do not know oocncwuhrarted 21 dates any misconduct if there was any Page 457 1 A I can't point to specific meetings and dates 2 and people that were present at the meetings in a analysis 3 manner like that 4 No it's not -- it's not L-- the facts don't 5 lend themselves to that kind of a simple 6 Q Or specific analysis 7 A Well at least as to persons and dates no 8 it doesn't 9 Q Is it your opinion that duPont as Lester 10 Adams employer did intentionally engage in misconduct 11 in this case 12 MR WATERS That is -- that is not a 13 subject of expert opinion unless you define what 14 conduct you're talking about MR COTTEN It has a lot to do with the 1156 questions you asked him yesterday and I'm focusing on 17 18 MR WATERS Right But I asked him to assume certain things in my questions MR COTTEN That's right : MR WATERS And one of them -- one of them 21 Page 458 1 asked him to assume was that there would be evidence 2 in this case that this man was exposed over a long you 3 period of time -- 4 Q Okay Let me ask this 5 MR WATERS + and that's the misconduct 6 that's complained of this 7 Q Let me ask you about 8 Do you know of any fact -- and I want to 9 find out separate and apart from what this lawyer asks to assume -- do you know any fact about an 10 you to asbestos by Lester Adams 11 exposure - 12 A I don't know of my own knowledge 13 Q All right 14 A -~ if that's what you mean I mean I 15 wasn't present at the time of Mr. Adams exposure 16 Q When was Mr. Adams exposed according to any 17 information that you have 18 A I understand his exposure started in the 19 1950s and continued for decades thereafter 22 Q right Let's talk about that 22 In the 1950s what kind of job did Lester Page 453 - Page 458 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-30-97 | Adams have at the Kinston facility for duPont Page 459 1 Q What jobs did Lester Adams have in the Page 460 2 MR WATERS Well again I gave him the 3 facts It was very clear what facts I gave him 4 I represented and I stand on my 5 representation as to what the evidence in this case 6 will be 2 1950s 3 A understand that he was a sheet metal 4 worker -- 5 Q Okay 6 A - in the plant 7 MR COTTEN Andy I'm just asking this 8 witness what he knows I'm entitled to do that and I 9 would appreciate it if you'd quit interrupting 10 MR WATERS Well I'm making an objection 11 MR COTTEN Then state your objection Iho We reserved objections except as to form and 13 responsiveness and if you would please quit 14 interrupting 1S MR WATERS Well I'm going to make an 15 objection when I think what you're asking is 117 misleading of the witness 2387 MR COTTEN I'm not mislead -- I'm asking 2387 what he knows He can tell me he knows it or he 7 Q In the 1950s 8 A That's all I know I -- 9 Q right And you know that from what 10 information 11 A From what Mr. Waters told me 12 Q right What job or jobs did Lester 13 Adams have in the 1960s 14 A My understanding is that he was a sheet IS metal worker period I don't know any more about 16 Q Okay And that would be -- 17 A -- the details of his employment what his 18 job category was called what his pay rate was or any 19 of that 2387 doesn't know it 21 MR WATERS Okay 20 Q right Now with respect -- and that 21 would be true with the 70s too Page 461 Page 462 died i A Right 1 Q Do you know what Lester Adams died of 2 Q right Is it important to you at all 3 when you give opinions about a defendant or about + specifically duPont in this case to know anything 5 the nature and the circumstances of the alleged 2 ^ understand he died of lung cancer 3 Q And not mesothelioma 4 A Yes 5 Q Do you know whether Lester Adams had 6 exposures of the employce when giving an opinion about 7 the substantial certainty of the employer 8 MR WATERS Substantial - I'm sorry 6 asbestosis or not 7 A understand that he did not He had a body 8 burden of asbestos that was substantial but he was Substantial certainty of knowledge 10 MR COTTEN Substantial certainly that the 9 not judged to have asbestosis 10 Q And what do you mean by substantial body 11 employee would suffer serious injury or death 12 A Well clearly you need to know something 11 burden of asbestos 12 A He had asbestos in his lung in his lung 13 about the person's exposure history the time which it 14 occurred and basically the type of work and products 13 tissues 14 Q Do you know the volume of asbestos in his 15 to which he was exposed 10 Q Based on your understanding that you've 17 gleaned from all of the materials that you reviewed 18 and the courses that you've taken and your general 19 experience is it your understanding that all persons 20 who have an exposure to asbestos get lung cancer 4 A No. 15 lung tissue 16 A No I don't know the specific numbers arriving 17 Q Is that of any importance to you in arriving 18 at any opinions that you have in this case 19 A Not to know the specific numbers no 20 Q In order for someone -- and you can tell me 21 if you don't know or if this is outside your area of Page 463 Page 464 1 expertise but I need to -- need to find out from you | 2 t 3 Do you have an opinion as to what the 4 circumstances are with respect to exposures that are 5 required to lead to lung cancer specifically as to & level of exposure 7 A think it's a widely held view that lung fi cancer risk exists at any level of exposure and as the exposure increases the risk of lung cancer 1 working with consumer products Like Gordon Stopps 2 says in his Trip report a home handyman doing 3 insulation work on his house gets a substantial 4 exposure to asbestos people who work with drywall 5 spackling compounds that used to be sold in the 1970s 6 before we got asbestos banned in those products by the 7 Consumer Products Safety Commission obtain 8 There are opportunities for people to obtain 9 exposures on the job and off the job that could cause 10 increases and that there's not any sel -- any 11 threshold of exposure below which there is only a 12 normal or nonoccupational lung cancer risk 13 Q Let me see if understand what you're 10 lung cancer 11 Q Do you know what the -- what circumstances 12 are required with respect to duration of exposure 13 MR WATERS Let me just make sure I 14 saying 15 Can a person who does not work in an 14 understand the question 15 Are you asking him what is du -- what 15 occupation where they're exposed to asbestos fibers 117 still get lung cancer from asbestos 118 A Sure 19 Q And where would they get their exposure 20 A Well it could be from household exposure 121 could be from neighborhood exposure could be from 16 duration is required 17 MR COTTEN Yes right Duration 18 MR WATERS Okay Duration All right 19 A Well the medical literature reflects that of 20 short -- short exposures exposures short duration 21 which are high are capable of causing lung cancer Evans Reporting Service Page 459 - Page 464 Barry Castleman 1-30-97 epidemiological shown epidemiological Even 1 Even studies studies have that exposures And lung 2 to lesser fiber 3 concentrations will also give a fiber burden that can 4 cause lung cancer Q When you say lesser are you talking in terms of the quantity of the fiber or are you talking 7 about the amount of time of the exposure 8 A I think I was talking about quantity and 9 time distinctly is 10 QAll QAll right Does the -- is there a way to 11 make a determination as to percentage of risk or Multi Adams v DeNemours Page 465 Page 466 i burden are things that -- and the presence or absence 2 of asbestosis are certainly things that pathologists 3 would consider in offering medical opinions on the 4 subject of that kind 5 Obviously that's not something that I would 6 be expected to testify about . 7 Q All right But as far as your general 8 understanding that you gained from studying about 9 asbestos all these years those type of factors are 10 important with respect to making a determination as to 11 the likelihood of the cause of lung cancer rising from 12 likelihood of a lung cancer being caused by an dependent 13 asbestos exposure upon the level of 14 exposure duration of exposure proximity of exposure 15 regularity of exposure 16 MR WATERS All right But with no 17 reference to cigarette smoking for example 18 MR COTTEN Yes Let's just talk right now 19 just about asbestos and not about any complicating 20 factor 21 A Well those factors as well as the lung 12 asbestos 13 A Yes 14 Q. Do you have an opinion about whether the 15 risk of lung cancer is greater for an employee that 16 was an insulator as opposed to a sheet metal worker would 17 A All other things being equal I would 18 suppose that the insulator probably get more 19 exposure to airborne asbestos but I'm sure that on 20 some days there were sheet metal workers who got more 21 exposure than insulators did Page 467 1 It's a little hard to answer in the 2 abstract 2345 Q With respect to the record concerning Lester withdraw 2345 Adams you're not aware of how much -- let me S that -- you're not aware of any specific instance of 6 cxposure for Lester Adams 7 MR WATERS As in on a given day 8 Q On given day at any time during his 27 9 years at the duPont Kinston facility 10 A No. I mean as far as I know his exposures 11 were not monitored there is no measurement data on the levels of asbestos to which he was exposed and so that's an undocumented issue 126529282 Q And as far as him actually being exposed 15 that would be from information that you've gained from 16 Mr. Waters 126529282 A Well it would be on the basis of him being 126529282 a sheet metal worker and shect metal workers work 126529282 around insulation and sheet metal workers have a -- 126529282 there have been more recent reports of asbestos 21 pathology evident on the chests rays of sheet metal Page 468 1 workers 2 Q And how recent 3 A Well it was within the past few years 4 Q right Do you know sir what the risk 5 is of a pack smoker without other develop 6 complicating factors to lung cancer 7 MR WATERS Let me just object that I think unless 8 it's an incomplete hypothetical you state when 9 that individual may have ceased smoking because I 10 think that goes into the issue as well 11 MR ~ OTTENOkay I'm just asking him my 12 question now 13 A This is really beyond my area of expertise 14 and specialization 15 I really don't read the medical literature 16 risks associated with specific degrees of cigarette 17 smoking and the various compounding factors such as 18 time since cessation of smoking in the case of an 19 individual who stopped before being observed or 20 monitored for lung cancer . 21 Q With respect to the research that you did in Page 469 1 finding out about the knowledge of asbestos in the 2 literature did your -- did you keep records of when 3 the libraries that you found these publications and 4 articles and reports actually received those 5 publications 6 A No. In most cases the libraries did not page 7 have any kind of a stamp on the cover of a 8 journal indicating when it was received 9 I mean if you went to the Armed Forces kind 10 libraries you'd probably find stamps like that because 11 they of go berserk stamping things But in 12 general libraries do not do that 13 On the other hand journals are issued only 14 once Unlike textbooks like my book there's no such 15 thing as a Fourth Edition of the July 27th 1924 issue 16 of the British Medical Journal 17 And so I generally assume that these 18 libraries had these journals on or about the time that they came out Q Would it be correct sir that like the 121 questions that I asked you concerning Dr. D'Alonzo Page 470 1 Dr. Stopps Dr. Schepers Ken Keuper and Ken Keuper's 2 boss that you're unaware of any specific fact as to 3 any misconduct on the part of duPont at the Kinston 4 facility where Lester Adams worked with respect to 5 Lester Adams 6 A That's right I don't know anything about 7 the management of that duPont facility 8 Q Sir you -- part of your education concerned 9 air pollution control did it not 10 A Right involves 11 Q And air pollution control involves the 12 identification measurement and control of public 13 exposure to airborne agents which are deemed harmful 14 to the public is that -- pollution 15 A Yes 16 Q -- right What do you mean by 17 identification with respect to air control 18 A Well it could mean several things There 19 are -- there is identification in the chemical sense 20 when you're doing analysis and sampling that you want 21 to be as specific as possible for the agent that _ ms Page 465 - Page 470 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-30-97 Page 471 Page 472 1 you're monitoring for i probably in the wrong order The first decision is 2 There is also identification from a public 2 which pollutants do you want to monitor for 3 policy point of view in picking the most important 3 And then it's a more technical question of 4 pollutants from a public health standpoint and 4 how do you do the monitoring so that you're really 5 addressing these first given the -- always given the 5 only counting the concentration of that pollutant and 6 limitation of resources to address anything and 6 not being confounded by something else All 7 everything and given the -- just the -- I guess it's 7 Q right So it's first important to 3 just basic common sense that you don't want to impose 8 identify what it is that you're trying to deal with 9 enormous costs on some company to control a couple 9 A Right 10 pounds of some air pollutant that's not really causing 10 Q And then I believe you then attempt to 11 any problem or harmful to anybody 11 measure that particular pollutant 12 So it's a -- you know in the field of 12 A Well I was just trying to interpret the like 13 public health you have to do what you can to control 13 words It looks you're reading from some 14 the worst problems -- 14 transcript of a deposition or trial testimony and I'm 15 Q right So 15 just trying to figure you know from sentences out of 16 A -- and hope that you can do that 16 context what I might have been talking about 17 Q -- identification would be in part a 17 Q All right I don't mean to take it out of 18 where make a determination as to what it 18 context I'm just trying to find out what air process you for in order to make an assessment 19 pollution control is 19 is you're looking 20 as to the degree of the problem that it might be 20 Now the measurement part of it though is 21 A Well what I mean is I took these things 21 to measure the degree of the potential pollutant Page 473 } that's in the environment 2 A Usually you have to -- you have to or you 3 would prefer to be able to conduct measurements and + sampling so that you can see for example if control 5 measures are taken how much reduction of emissions 6 has occurred 7 Q And of course it depends upon the 8 pollutant that you're looking for how important it is > to let me withdraw that 10 Depending upon the pollutant that you're 11 looking for your measurement would tell you whether 2 or not you need to invoke controls for that pollutant 13 A Well again it depends on the -- on other 14 factors If the pollutant is a pollutant which is by 15 addressed by some national emissions standard or 16 some ambient air quality standard then you would have 17 some reference point with -- for which - with which 18 to compare the measured exposures or emissions against 119 legal limits 20 In other cases you might be dealing with a 21 pollutant for which no such limits occur but you Page 474 1 might be using more general duty clause type of 2 authorities to invoke some protection of the public 3 health 4 Q If there are no standards with respect to right 5 the pollutant that you're attempting to measure then 6 don't have anything to measure it against is that 7 right 8 A No you still have the medical and 9 scientific literature I mean if you have a 10 knowledge base that shows that certain exposures are 11 associated with disease and you -- and you see that -- 12 either from the circumstances you're observing or from 13 actual measurements of the exposure that a similar 14 situation is arising in the case you're interested in 15 then it seems to me you have justification for trying 16 do something about it 17 Q So the medical and scientific literature 18 would have to be specific enough concerning the levels 19 at which that particular pollutant may be dangerous in 20 order to use that as a measure for controlling the 21 particular pollutant Page 475 1 A Not necessarily Sometimes the literature 2 simply says as in the case of the asbestos 3 literature that people doing certain kind of jobs get 4 lung cancer asbestosis asbestosis and mesothelioma 5 And you don't really have to have sampling 6 and analysis at the workplace for people who are 7 similarly exposed & Q Now with respect to the control of the 9 agent that may be deemed harmful what do you mean by 10 control \ A Well control means trying to reduce human 12 exposure If it's an air pollutant you don't have 13 the option that employers might have of handing out 14 respirators to the exposed persons You have to 15 control the source 16 Q And sometimes does control include 17 elimination and sometimes not 18 A Right Well mean it may not include -- involve elimination but if it's control it would at least seem to imply some reduction in exposure if not necessarily elimination and I suppose that's what you Page 476 i were asking me 2 Q We talked a little bit yesterday about your 3 background t I think we concentrated most on your 5 education but I wanted to ask you a few things about 6 some of the places where you were employed 7 Were you employed by the Maryland Public 8 Interest Research Group in Washington D.C. A Yes 10 Q And were you fired by that board of 11 directors for Maryland Public Interest Research Group 12 A Yes I was 13 Q And in 1972 you worked for the Baltimore 14 County Division of Air Pollution 15 A Division of Air Pollution and Industrial 16 Hygiene 1972 and 1973 17 Q All right sir And at one time you were 18 fired from that job also is that correct 19 A I was fired from the job for testifying at a 20 Congressional hearing and naming the names of 21 companies that used asbestos in Baltimore County I Evans Reporting Service Page 471 - Page 476 Barry Castleman 1-30-97 with 1 was subsequently rehired with full back pay 234 Q Did you have to take legal action to get 234 reinstated Multi Adams v DeNemours Page 477 Page 478 1 industrial hygiene practice in the 1930s 40s 50s 2 and 60s is based on what you have subsequently been 3 told and read 234 A No. It was threatened but it was not taken -- it was not taken with , Q Would you agree with me that you have no 7 firsthand experience in industrial hygiene practices 8 during the 1930s 40s 50s and 60s 9 A I would agree with that 10 Q Would you agree with me that you were not 11 reading any industrial hygiene literature in the 12 1930s 40s 50s or 60s 13 A That's right I went into the field of 14 public health in 1970 really with a Master's program 15 that I took to go into air pollution control 16 Q And before that time you were not reading 17 any medical or scientific literature relating to 18 asbestos 082 A No I was unaware of the fact that asbestos 082 was dangerous until 1970 21 Q And your knowledge and experience of 4 A Right S Q Have you ever worked for a chemical plant 6 You did work for Hercules is that right 7 A Yes I worked for the chemical company 8 Hercules Incorporated at their research center 9 Q And when you did that was any of your work 10 involved in the health risks associated with asbestos 11 exposure 12 A No I was unaware of any dangers associated 13 with asbestos at that time . 14 Q What was your job title for Hercules 15 A Chemical engineer 658982 Q Have you ever published any studies specific 658982 to industrial hygiene practices at chemical plants 658982 A No. 658982 Q Would you agree that you've never worked as 658982 an epidemiologist in industry 658982 A I would agree I have never worked as an epidemiologist 1 epidemiologist in industry 2 Q In the United States is it accurate that 3 the use of asbestos was at its historical peak in Page 479 4 19717 5 A No that a came little -- a few years later 6 Q Would you say 1974 7 A '73 or '74 was the actual peak year 8 although it was topping out in the early 70s 9 Q And you know sir from the materials that 10 you gathered that you keep in your duPont file that by 11. 19 -- that time -- at the same time of the historical peak of the use of asbestos in this country that the , duPont Company was taking measures to curb the use of 14 asbestos products 15 MR WATERS That would -- I apologize Did 16 you state the date in your question 17 MR COTTEN 1974 '73 '74 18 A Yes I believe they were by that time 19 Q Is there a -- do you have in mind as far as 20 the gathering of the publications and the scientific 21 literature and the medical reports upon which you rely Page 480 1 for your opinions the time period when you actually 2 gathered that information 3 A You mean the duPont file 4 Q I'm really talking about in general Let me 5 -- let me rephrase it this way 6 What were the years when you went out and 7 specifically were going to libraries doing your basic 8 research with regard to the knowledge historical 9 knowledge of asbestos 10 A Well when I wrote my Master's thesis in 11 1970 and '71 I was reading historical documents as 12 well as more or less current ones 13 The focus on the history of this problem 14 didn't come until five years later and that was in 15 1976 16 And you know then that's pretty much 17 continued off and on since that time you know going 18 to libraries from time to time and sometimes spending a 19 lot of time in the library depending on which year 20 Q And with respect to the bulk of that work 21 that you did you did that before you returned to Page 481 . 1 school for your doctoral work 2 A I certainly did a great deal of it before 3 1981 4 Q And the reason why you went -- one of the S reasons why you went back to school in 1981 for your 6 doctoral work was to learn about toxicology 7 epidemiology and biostatistics is that right 8 A I wanted to have more formal training in 9 those areas than I already had I wanted to add to 10 what I already knew about these things 11 Q And that was to enable you to best 12 understand the scientific literature that you had to 13 deal with in making decisions or the type of decisions 14 that you wanted to be able to make regarding 15 protection of the public health from toxic substances 16 isn't that right 17 A Yes 18 Q In your direct testimony in this case to Mr. Waters questions you mentioned the first report with respect to disease in an asbestos worker I think as 21 being a report in 19 -- in 1899 out of Great Britain Page 482 i is that - 2 A Right Well at least the first report in 3 the English language 4 Q Now was this of a worker in an asbestos 5 plant 6 A Well it was the report of the -- mostly the 7 report of the lady inspectors of factories talking 8 about their experience in the factory setting wherc 9 asbestos was used as a raw material 10 It wasn't about a specific worker They 11 talked about seeing cases of lung disease and 12 attributing it to the dust 13 When was the first article about the -- or 14 the article about the year woman who had 15 started working in the asbestos plants at age 13 16 A That's Nellie Kershaw The article was in 17 1924 by Dr. Cooke specific QNow that 18 QNow -- was that the first specific 19 case report in the English language concerning a case report 20 in first it 21 A Well it was the first one published in a Page 477 - Page 482 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-30-97 widely medical 1 widely read medical journal Page 483 1 2 The report of Dr. Montague Murray in 1906 or 2 3 1907 depending which reference you look at was 3 * probably -- is generally regarded as the first case in 4 5 the modern era of asbestosis but that was not 5 6 published in a widely read medical journal 6 7 It was published in I think something 7 8 called the Charring Cross Hospital Gazette and it was 8 % also published as a part of proceedings before a 9 10 parliamentary committee of the British Government 10 } Q I believe that you testified that that's -- 11 12 and you have it on your Exhibit 3 concerning what you 12 13 believe to be duPont knowledge about asbestos as a 13 14 memo or a document that Dr. Stopps was familiar with 14 15 A Yes Dr. Stopps certainly had heard about 15 16 that by 1966 16 17 I'm sure that the Montague Murray case was a 17 18 matter of discussion at the conference he attended two 18 19 years earlier in New York as well 19 20 "Is that Dr. -- one of Dr. Selikoff's 20 21 conferences 21 A Right Page 484 Q What type of employment did the person that was reported in the 1907 Murray article -- what type He of employment did that person have A worked in an asbestos -- I think it was an asbestos textile plant He also died at the age of 33 Q What -- can you compare the conditions of the asbestos textile plant that that person worked in with the Kinston plant involved in this suit A I'm sure that the conditions in that asbestos textile plant were very intense in terms of the exposure much greater than would have been sustained by people handling asbestos insulation products at the duPont facility And the reason I'm saying this is because exposures capable of producing death at the age of 33 are remarkable and they really are something that the literature indicates is what you'd find in a totally uncontrolled asbestos manufacturing situation as existed at the turn of the century i YW Do you know anything about the type of 2 preventative measures or controls that were in Page 485 1 2 3 existence at the duPont Kinston facility during the 3 4 time that Lester Adams was an employee there 4 5 A Controls on the question of asbestos 5 6 Q Yes sir 6 a A I'm not aware of controls that were enforced 7 x at that plant 8 9 Q right Now Dr. Cooke also published -- 9 10 was published in the British Medical Journal in 1927 10 h. is that right ] .2 A Yes that's right 12 13 Q And that article -- the subject of that 13 14 article was the same woman that was the subject of the 14 is 1924 article is that right 15 56 A Yes 16 7 Q And in that article Dr. Cooke talks about 17 suspicions being raised regarding asbestos dust and 18 19 the cause of lung conditions and this was with 19 20 workers in badly ventilated factories is that right 20 a A I don't recall the exact language used but 21 Page certainly Cooke was his way making a case for controlling exposures so that people wouldn't die at the age of 33 from occupational fung scarring diseases 486 Q Let me ask you if -- I want to read this and could you tell me if I'm reading it correctly A Sure Q And this is in the Cooke article from 1927 It says the remark of Dr. Murray's patient is suggestive and medical men have longed suspected asbestos dust to be the cause of lung conditions in workers in badly ventilated factories Is that what that says where this highlight is indicating A Yes it does MR WATERS May 1 see that MR COTTEN Sure Indicating Q What is a carding process A It's part of a textile process It's part of an as -- of a textile plant I think it has to do with the straightening or the orienting of the fibers 1 before the weaving process 2 Q And would that be of raw asbestos fibers in 3 an asbestos factory Page 487 1 2 3 4 A It would either be of just asbestos or it 4 5 might have asbestos and cotten mixed at that stage I S 6 really don't know 6 7 Q Does Dr. Cooke's 1927 article also include 7 $ statements about the atmospheric conditions where this 8 y woman worked as being so bad that workers in her 9 10 particular room could not see each other 10 le A don't remember the exact fanguage It may 11 2 well be there 12 3 Q right Do you -- 13 4 A Let maybe simplify things by saying that 14 15 that was certainly reported in asbestos textile plants 15 19 that I've heard about during a period of no control 16 L700 measures 17 8 Q And do you understand that the factory that 18 W was involved in this article in 1927 by Dr. ~ ooke 19 20 that the factory had made no efforts for the 20 21 extraction of dust at that plant 21 A Again I don't -- I don't recall but that's consistent with the effects reported on the worker Q And with respect to this 1927 Cooke article I believe you mentioned that it was the first time that the word asbestosis appeared in medical literature Right A with Q And would you agree with me that the only place that the word asbestosis shows up is in the title of the article Page 488 A I haven't really looked through the entire text to see if the word asbestosis appears anywhere clse little bit a right Q direct You talked little bit in your direct testimony about the Journal of American - of the American Medical Association Do you know sir that in those 19 -- in the 1928 and 1930 editorials published in the Journal of the American Medical Association that it was calling for more research to determine the extent of the problem in this country where cases had not yet been Evans Reporting Service Page 483 - Page 488 Barry Castleman 1-30-97 in medical 1 reported in the medical literature 23 A No I think that was -- WATERS 23 MR Let me just -- if you're going J to show him something and ask him if he recalls a quote or whatever I mean I think it's appropriate show it to him MultiTM Adams v DcNemours Page 489 Page 490 1 that more research was needed to see the extent of the 2 problem in this country 3 A Yes Well they certainly called for that 4 among other things to S By the 1930 editorial there had been a case 6 reported in the United States and so you must -- what mind 7800 MR COTTEN I don't mind showing it to him 7800 all 7800 MR WATERS So he can put it in context 7 you're reading must refer to the 1928 editorial 8 Q right It's not clear here 9 Do you know who the subject was of that 10 Q You can look It really begins right in 11 here and it ends right there indicating 12 A Oh no we're not looking at an article 13 We're looking at a transcript That's all right 14 MR WATERS A transcript of his testimony 15 MR COTTEN Yes 16 MR WATERS All right Let's start over 17 What's the question again 18 MR COTTEN I want to know if he agrees 19 that in the Journal of American Medical Association in 20 1928 1930 that he referenced yesterday or day before 21 in his testimony that those articles were warning 10 first medical article in -- or case report in the 11 United States with respect to asbestos 12 A The author's name was Mills It was 13 published in a journal called Minnesota Medicine in 14 1930 15 The subject was an individual who has -- was 16 --reportedly --reportedly had worked in a South American asbestos 17 mine 32 years before his death as I recall 18 Q. Can you compare the conditions with respect 19 to asbestos of working in a South American asbestos 20 mine prior to 1898 with the conditions at the duPont 21 Kinston facility during the time that Lester Adams Page 491 123 worked there 123 A I don't see how I could given the limited 3 information available 4 Q Have you ever visited the duPont Kinston 5 facility in Kinston North Carolina 6 A No. 7 Q There's been some testimony in this case 8 concerning some of the knowledge about the -- about 9 asbestos that included mesothelioma 10 It is your understanding isn't it that if mesothelioma is not involved in the Lester Adams case A That's my understanding Well I mean it's involved -- it's involved in the sense that he should 14 have been protected with it in mind that he was at 15 risk of mesothelioma but in terms of the pathology of 16 his case it is not involved 17 Q When was it known that -- according to you 18 that sheet metal workers were at risk for 19 mesothelioma 20 MR WATERS By duPont or by the world at 21 large Page 492 123 MR COTTEN Just known according to him 123 Q When did you know it 123 MR WATERS well -- oh when did he know 4 it S MR COTTEN Yeah 6 A Well I wouldn't have known about these 7 things until the 1970s because I didn't have any 8 knowledge about the hazards of asbestos until that 9 time 10 But I think it could reasonably have been 11 anticipated based on what was known after 1960 12 certainly if not before -- 13 Q For sheet metal workers 14 A -- that people with bystander exposure to 15 asbestos insulation dust such as sheet metal workers 16 were among those who were at risk of asbestos disease 17 Q What about mesothelioma That was the topic 18 of my question 19 A Oh especially mesothelioma 20 Q By 1960 21 A 1960 or the early 1960s '60 '62 And by Page 493 Page 494 l the time the duPont book was published in 1960 Dr. 1 gathering information from the National Safety 2 Schepers chapter was noting the fact that pleural 2 Council is that accurate 3 tumors were -- had been reported among people with 3 A Right And could describe for us how in 4 asbestos exposures in the literature 4 Q you -- S MR COTTEN Objection Nonresponsive 5 terms -- in quantity terms how many National Safety 6 MR WATERS Let me just object that the 6 News monthly publications you've reviewed in trying to in the context of whether it was 7 determine whether there were any articles that touched 7 question was vague knowledge 8 calling for the state of general scientific g on the subject of asbestos this 9 or more particularly for state of duPont's knowledge 9 MR WATERS With respect to this case or 10 concerning mesothelioma 10 more generally 1 Q The U.S. Bureau of Statistics didn't even 11 Q Just more generally overall 12 recognize mesothelioma as a disease before 1967 12 A Not that many Most of the articles that I index 13 because it's so rare isn't that correct 13 have found were located through the engineering 14 A I don't know about the details anymore but 14 or the industrial arts index 15 it took a while for mesothelioma to be separately 15 I have not systematically gone through 16 coded by the people who manage to do these things as a 16 National Safety News volume by volume looking for 17 particular disease entity yes and a lot of the early 17 every single article that might be relevant to the 18 cases were included as if they were a type of lung 18 question of knowledge and hazards of asbestos disease 19 Q So the method that you were using in trying cancer anything Part of research and gathering of 20 to find articles or journals that said about Q your 121 information concerning knowledge of asbestos included 21 asbestos was to go to some type of index that would Page 489 - Page 494 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-30-97 indicate } indicate that you could find it in a particular Page 495 1 BY MR COTTEN Page 496 2 volume journal 2 Q Dr. Castleman prior to your testimony back 3 A Well at least with respect to this journal 4 National Safety News 5 What I have either came to me because 6 someone showed me a copy of an article I hadn't come 7 s across indexes or I I found it mentioned through through -- the types of under headings like dust disease 9 industrial hygiene general categories like that 10 MR WATERS Larry do you mind if we take 3 in November Mr. Waters provided me with copies of 4 three documents that had to do with the National 5 Safety Council and I believe you've talkeda little 6 bit in this deposition about these articles and the 7 knowledge that you attribute to my client the duPont 8 Company as a result of having access to these 9 documents and having participated in the National 10 Safety Council 11 about a five or minute break 12 MR COTTEN No I don't mind 13 MR WATERS 1 need to use the facility It THE VIDEOGRAPHER We're going to go off the 15 record at 11:01 a.m. 16 Whereupon discussion off the record 17 Whereupon a brief recess was taken -- } Do you remember about those things 12 A Generally yes 13 Q All right sir . 14 Now the National Safety News sir is a 15 newsletter or publication that was issued monthly by 16 the National Safety Council is that right 17 A I believe so 13 11:01 a.m. 19 Whereupon after recess -- 11:15 a.m. 20 THE VIDEOGRAPHER 11:15 a.m. We're back on 21 the record 18 QAnd QAnd in the National Safety News publication 19 that J for the month of September 1935 -- and this is 222 one of the ones that I was provided with by Mr. 222 Waters -- there is a listing on the first page of that Page 497 issue Page 498 1 issue that lists several names of people that it shows 1 would assume that the company was certainly by 1935 2 according to the document were either officers or 3 members at large or representatives for the National 2 quite capable of routing publications like that to 3 professional people within the corporate structure who + Safety Council 4 would be best able to use it 5 Do you recall that 6 A Yes 7 Q And to the extent that these people S participated in the National Safety Council and 5 MR COTTEN Objection Nonresponsive 6 Q Dr. Castleman I believe with my reading of 7 this roster of either officers or members at large it 8 has an indication about Harold Miner and shows him to 9 received the National Safety News are you saying that would 10 these people and the companies that they work for im therefore have the knowledge with respect to the 9 be on the executive committee as a member at large and 10 not being -- having anything to do with the editorial 11 part of this 2 hazards of asbestos that is provided in the articles 12 Is that your memory about this document -- 13 that are contained within the issue 14 A I'm saying that the companies for which they 13 A Let me see it please 14 Q -- that it doesn't refer to him being on the 15 worked were provided with the information that is 16 contained in that issue 15 editorial section or however you referred to it 16 A Well that's right He's listed as having 17 The presence of duPont official on the 17 this role as an officer in the National Safety Council is governing board of the National Safety Council or the 18 and not necessarily being involved with the 19 editorial board of that publication indicates that the 19 publication per se 20 company had a substantial interest in the publication 121 and in the National Safety Council's activities and I a 20 Q. You talked little bit about this last 21 time but would you agree with me that it doesn't show Page 499 i that he's an officer but it shows that he's a member 1 2 at large 2 3 A Well he's a member at large of the 3 + executive committee of the National Safety Council 4 x Q Okay Rather than an officer 5 6 A Well I consider that an officer but I 6 7 suppose in the arcane bureaucracy language people 7 $ might argue about that 8 3 Q right I don't mean to argue with you 9 19 about it but what I want to show you is there is a 10 11 separate listing of the officers as opposed to the 11 separately ,members at large indicating 12 13 A Yes they are listed as officers 13 14 and then executive committee -- 14 15 Q Members at large 15 16 A -- whatever Again I don't profess to have 16 17 17 yy Q All right 18 9 A specialized expertise about the meanings 19 20 of the various terms that different types of 20 21 bureaucracies use to describe their executive 21 Page officials however they're divided up Q And you don't know specifically what role and what function Harold Miner performed with respect to the National Safety Council A No I don't Q Would you agree that this National Safety News indicates that other companies that are involved at the executive committee members at large level include the Eastman Kodak Company A Yes Association American Q Include the Association of American Railroads think going MR WATERS I think he's going to have to look at it for -- 500 Q I know I'm tethered here so -- A I just can't see that far MR WATERS No I understand I don't have don't an extra copy A Why you read them all off and then hand me the document and I can just give you one answer for all Evans Reporting Service Page 495 - Page 500 Barry Castleman 1-30-97 Multi Adams v DcNemours 1 Q right That's great That's a good Page 501 Page 502 1 field and your consulting with lawyers with respect to 2 suggestion 2 asbestos lawsuits and in arriving at your 3 Bethlehem Steel Corporation The Pullman 3 opinions in these types of cases of any fact with 4 Company Chicago North Shore and Milwaukee Railroad Company Industrial Commission of Ohio U.S. Bureau of Public Roads Portland Cement Association the duPont 7 Company is mentioned General Electric Company 8 United States Steel Corporation 4 respect to any of these companies that I've just -- 5 companies or organizations or entities that I've just duPont 6 named of any of these companies engaging in -- other 7 than what you say about -- engaging in 8 intentional acts knowing that those acts would be 9 And then among the safety council 9 substantially certain to cause serious injury or death 10 representatives Massachusetts Safety Council 10 to their employees 11 Delaware Safety Council Western Pennsylvania Safety 11 A No. I think we could count the Association 12 Council Kansas City Safety Council Louisville Safety 12 of American Railroads in that category They had a -- 13 Council Lehigh Valley Safety Council and Evanston 13 this is the trade association of the railroad 14 Safety Council 14 industry and they had meetings of their medical 15 Did I read those correctly 15 doctors starting in 1921 and by 1935 the medical 16 A I'm sure you did Yes these are the 17 various officials that are listed on the cover -- on 16 doctors of the railroad industry were getting together 17 and talking about asbestos as a hazard to railroad 18 the title page of the 1935 National Safety News as 18 workers 19 various officials in the hierarchy of the National 19 Unfortunately many of the member railroads 20 Safety Council 20 did nothing about protecting the workers from the 21 Q Do you know based upon your work in this 21 hazards associated with the insulation of steam Page 503 Page 504 1 locomotive boilers and other things where asbestos was 1 incomplete hypothetical in the sense that you're not 2 used in the railroads 2 giving him any indication what the misconduct is 3 Q So your opinion it would take additional 4 information beyond what might be gleaned from this one 3 4 You're knowledge in taanldkionfg solely itself about knowledge and without conduct or reaction 5 article contained in the September 1935 National 6 Safety News for the knowledge of the company to rise 7 to the level where you believe that their behavior 8 would be substantially certain to cause serious injury 9 or death to their employees 10 MR WATERS well wait a minute That's -- 11 I mean you didn't ask about whether they had * knowledge MR COTTEN I'm just asking M 14 MR WATERS I know but the question -- 15 MR COTTEN I'm asking him -- 16 THE REPORTER One at a time please 17 MR WATERS Right Can you read the 18 question back please 19 Whereupon the record was read by the S to the knowledge can't be substantially certain to do find 6 anything 7 I the question confusing and vague as 8 well 9 Q All right Would you answer the question 10 please 11 A Well my problem with it is that -- with the 12 question is that it's an incomplete picture of what 13 the company might have done whatever the company is 14 A company has knowledge but the other side 15 or the other part of the story if there is some kind 16 of a foreseeable harm to an employee I would need to employee 17 knowa little bit more about what that was 18 doing with asbestos in order to make any kind of a 19 conclusion out of it 20 reporter 21 MR WATERS Okay I think it's an 20 Q right Thank you 21 Would you agree with me -- and I'm just Page 505 a 1 going to go over little bit about the nature of this 1 2 publication National Safety News -- that with respect 2 3 to the September 1935 example that this publication 3 4 has 13 separate topics for the contents of September 4 5 1935 $ 6 MR WATERS He'll need to look at it 6 7 A It looks like about 13 yes 7 8 Q All right sir And about 12 different 8 9 regular departiments that have information that's 9 10 contained in that particular issue 10 11 A Right They seem to be regular features 11 12 short features also carried by the National Safety 12 13 News at that time 13 14 Q And would you also agree that it looks like 14 15 this particular publication has at least 80 pages 15 16 indicated according to the table of contents 16 17 A That so appears yes 17 18 Q One of the other documents that I was 18 * provided with by Mr. Waters was the National Safety 19 Council transactions of 1966 20 And is this a document that you're familiar 21 with it bit A I'd need to look at it a little bit more Page 506 What do you want to ask me about it Q I want to ask you about the MM what that document shows with respect to the membership of different companies persons and entities in the National Safety Council A Okay As far as that goes I can answer those kinds of questions now just from you know what the document itself says Q Okay If you would then would you read to me what it shows who the officers in the 19 for 1966 and 1967 were with the National Safety Council indicating the person and the entity involved MR WATERS Okay And just to be clear -- and I think we're on the same page -- you're asking about the general officers at the front of the deal -- at the front of the document as opposed to the ones that are section specific the chemical section and the other sections inside MR COTTEN At this point that's correct Page 501 - Page 506 Evans Reporting Service Adams v DeNemours 1 MR WATERS Okay Do you want him to read 2 them all off 3 + off MR COTTEN I want him to read them all 3 A All right The -- 6 MR WATERS The individuals names or their 7 employers 8 MR COTTEN He can -- 9 MR WATERS Anything to speed this up 10 Q Yeah To speed it up where it's an 11 employer a company or an entity is indicated just 12 name that it's just an individual you can name 13 the individual 14 A Okay The chairman of the board of 15 directors is an official an executive from 16 International Harvester Company here 17 MR WATERS Barry I don't think he needs S or wants the title 19 Q You can just say International Harvester if 20 you will We'll shorten it in that fashion 2 A Okay The next official is just employed by Multi Barry Castleman 1-30-97 Page 507 1 the National Safety Council Page 508 3 The next person's National H Service Committee Incorporated Next is City Products 4 Corporation in Chicago Next is Delaware Trust 58 Company Next is General Motors Next is International Union of Operating Engineers Next individual has no affiliation listed Then someone from the Fruehauf Corporation and then someone from Drake University CBS Television Network 10 Gar Wood Industries Christian Science Monitor 11 Equitable Life Insurance --Life --Life Assurance Society Detroit Institute of Technology Southern Bell Telephone and Telegraph a lawyer from Nashville 1 Illinois State Legislator Boys Clubs of America 13 The last three below that are just National 1616 Safety Council employees I'll skip those -- Q That would be fine A _-- since you haven't highlighted those people 16 Then there's New York Central System That 21 concludes this first list called officers 1966 to 2 '67 Ry 3 + 3 fi S y to tt 2 13 14 15 16 17 $ 19 20 21 Pacific Then there's a group called members Union Pacific National Gypsum Beech Aircraft Celanese Corporation Southern Railway System Automotive -- Automobile Carriers Inc. Philip Morris The Travelers Insurance Company Goodycar Tire & Rubber ABEX Corporation duPont Crane Company Brown Brothers Harriman and Company Continental Insurance Deere & Company AT Avco Kimberly West Pepperell or Pepperell Inc. Phillips Petroleum Transport Communication Employees Union Bethlehem Steel National Lead Union Carbide International Harvester Procter & Gamble National Cash Register New York Central General Electric American Federation of Labor and Congress of Industrial Organizations General Motors Melville Shoe Chalmers Manufacturing Company International Nickel Company Chrysler Armstrong Cork Goldinan Sachs & Company Delaware & Hudson Railroad Coca U.S. Steel Humble Oil And then there's another group called Page 510 members Iowa Farm Bureau Safety Coordinator of 3 Merck & Company American Mutual Liability Insurance Company AT Alterman Transport Lines Metropolitan New Orleans Safety Council Detroit Institute of 66 Technology Bethlehem Steel Rochester TelephoneTelephone Corporation Chalmers Manufacturing Company Florida State University Monsanto U.S. Department of Labor Equitable Life Insurance -- Life Assurance Society of the United States -- I keep tripping over that one -- Industrial Medical Association 1 Then there's some insurance companies and highlighted public relations outfits you haven't 12 National Association of Manufacturers 12 14 University of North Carolina Christian Science 15 Monitor Citizens & Southern National Bank of South 1616 Carolina Automobile Carriers Inc. Kodak Park Works 18 Eastman Kodak The Anshe Emet Synagogue in Chicago 18 United Brotherhood of Carpenters and Joiners American 19 Federation of Labor and Congress of Industrial 20 20 Organizations National Association of Broadcasters Interstate Commerce Commission St. Joseph Light & } 2 3 4 ' 7 " " 10 11 12 3 hls 15 15 li is 5) 24 21 Power This on and on goes reading reading all this stuff Q If you would Do you want me to keep A General Motors Drake University Auto Industries Highway Safety Committee Louisville & Nashville Railroad General Electric General Motors American Farm Bureau Federation Deere & Company Liberty Mutual American Insurance Association American Medical Association Emile duPont from E. I. duPont de Nemours & Company And there's various noncorporate officials Reader's Digest - MR WATERS Can we do something to stipulate so he doesn't have to read the rest of this thing Q Let -- let's stop right here and then I'll see if we need to pick back up with it Dr. Castleman of those entities and individuals organizations corporations that you have thus far read off for the jury in this case from that | Evans Reporting Service Page 512 1 publication which of those do you believe to have of conspired to keep the knowledge about the hazards of 2 asbestos from the workers who might be working -- who 4 might have worked with asbestos products ts MR WATERS Are you asking about concert and conspiracy between those members or -- when you say who conspired as a group or -- 4 MR COTTEN I want to know which of these organizations and entities he believes conspired to 9 either withhold information concerning the hazards of asbestos or attempted to change the scientific or medical literature with regard to the hazards of 13 asbestos 10 MR WATERS Okay And just for 15 clarification when you use the term conspired you don't necessarily mean in concert with other 1818 individuals or parties It could be internal to that corporation 19 MR COTTEN That's -- that would be 20 correct 21 A Well certainly we could start with ABEX Page 507 - Page 512 Barry Castleman 1-30-97 Multi Adams v DeNemours Page 513 Corporation Page 514 1 Corporation or American Brake Shoe I saw here 1 listed in your book with respect to conspiracy to 2 somewhere companies 2 withhold information concerning their knowledge of 3 4 companies They were one of the whose executives gathered together at the offices of the Manville Corporation in 1948 and decided to . instruct Dr. Vorwald to delete all references to 3 hazards of asbestos and to affect the medical and 4 scientific literature was successful S MR WATERS I'm sorry Does he believe 6 that the conspiracy was successful 7 cancer and tumors in the article he was publishing 7 MR COTTEN Yes 8 which finally did get published in 1951. This is 9 discussed at some length in my book 10 It's a little hard to answer with respect to 11 conspiracy I'm not too sure what -- I mean that was 12 13 conspiracy a around involving a bunch the table and decided to of companies that rig the medical sat 8 MR WATERS Sorry 9 A Well I suppose I would have to say overall 10 the suppression of this knowledge was successful for 11 an extraordinary long -- extraordinarily long period 12 of time 13 Here you have products that probably 14 literature Conspiracies of such a frank kind are not many 15 so right 16 Q All right 17 A But there are certainly companies that have 18 shown a reckless disregard for the health of workers 19 exposed to asbestos and asbestos products among the 20 companies whose names I've read off 21 Q Do you believe that the companies that are 14 shouldn't even have been made after the 1930s 15 insulation products containing asbestos and you have 16 to -- these products not only continued to be made but 17 continued to be used widely by workers in all manner 18 of heavy industry workers in -- workers in shipyards 19 workers in chemical plants all refineries power 20 plants and other kinds of construction activities and 21 this went on for generations after the 1930s and Page 515 Page 516 1 these workers were obviously not aware that their 122 MR COTTEN Object to the nonresponsive 2 lives were in any danger from breathing asbestos 122 aspects of your answer 3 dust They weren't warned about it by their 122 QTo QTo the degree that these members of the 4 employers The companies that made the products took as 6 long as they possibly could legally and business- 7 decision speaking to delay and minimize the 8 warnings that were provided to workers about these 4 National Safety Council that you just read off were 5 members during the same time as duPont they would 6 have had like access to the information from these 7 National Safety Council publications that duPont had 8 MR WATERS Objection Assumes facts not 9 risks 9 in evidence Calls for speculation 10 Employers big employers like duPont and t1 Bethlehem Steel clearly were aware of the hazards of asbestos before the time that action was taken 10 A I'm not even sure I can agree with that 11 because if you provide this kind of a document to the 12 Carpenters Union in 1966 I'm quite sure that the serious action was taken to protect workers from these 114 kinds of risks 13 Carpenters Union didn't have an industrial hygienist 14 or a medical director or somebody like that that could 15 So in that sense I suppose there was 16 certainly some success resulting from all of the 17 outright suppression of knowledge and just hardhearted 18 business conduct of looking the other way on health 19 and safety matters over fears of compensation claims 15 read it and understand how to pronounce mesothelioma 16 and so on and make some kind of sense about how this 17 might affect their people as a big corporation with 18 medical directors and toxicology laboratories and so 19 on would receiving the same information 20 labor unrest and the usual other types of business 21 considerations 20 MR COTTEN Objection Nonresponsive 21 Q I really was just asking you if they would - Page 517 Page 518 1 have had access to the information Whether they 1 information in the course of running their businesses 2 would appreciate the information is really a different 3 question 4 A Well the word access is ambiguous I think 2 Q What -- why didn't the United States 3 Government take strong action based upon this 4 information before they actually did start taking S MR WATERS That and I think it's a little 5 action 6 bit confusing because the question seems to assume 6 MR WATERS Objection Calls for 7 that these people were all members for the same length 8 of time and duration of time that duPont was 7 speculation 8 Answer if you can 9 MR COTTEN It really doesn't assume that 10 asked to the extent that they were 11 Q Okay At the same time that this I think 12 you've characterized it as industrial suppression of '13 information concerning the hazards of asbestos was 14 going on you also claim that the literature and the 15 libraries and medical information was available about 9 A I believe that the main reason for that is 10 that there was no constitutional authority granted to 11 the federal government to protect workers from health 12 and safety hazards until the enactment of the 13 Occupational Safety and Health Act of 1970 and then 14 it took several years for that to really be put into 15 some kind of place where you'd actually have 16 the conclusions of the hazards of asbestos and that 16 inspections and some kind of enforcement of whatever 17 that was known don't you sir 118 A Right There was a growing body of medical 17 standards there were 18 Q And that didn't occur until the 1970s knowledge about the hazards of asbestos which was accumulating in medical libraries and was available to 21 certain parties because they made use of this kind of 19 A No. 20 Q And -- but in the 1970s action was taken to 21 create those governmental entities to begin that task Page 513 - Page 518 Evans Reporting Service Adams v Nemours | IM Multi Barry Castleman 1-30-97 is right 1 is that right Page 519 1 2 MR WATERS Well I mean he already 3 testified that the act was passed in 1970. I mean so 4 I think the question is repetitive A Yes I mean the OSHA the Occupational Safety and Health Administration NIOSH the National Institute for Occupational Safety and Health were 7 created by that act of Congress in 1970 right around 10 politics the same time the Environmental Protection Agency was created and so you -- and then a few years later came 10 the Consumer Products Safety Commission created under 12 the Consumer Products Safety Act 13 So you started to see a real commitment at 14 least on the part of Congress to start doing something 115 about these kinds of problems which previously had not 16 16 been addressed by the federal government in a 17 17 substantial way Q Do you know any -- of any governmental impediment to the creation of those type of entities for the 1950s MR WATERS Objection It calls for a legal conclusion of some sort Page A I know that there were presidential conferences about Occupational Safety and Health starting in the late 1940s and there were -- there was a long time -- longstanding struggle to create worker protection of the kind that finally came through the Occupational Safety and Health Act It's basically You're talking about big business interests that really would have preferred to not have the government come into their places of business and tell them that they had to clean up this and they had to clean up that and they had to define this and they had to inform workers about that 520 I think it's pretty obvious why we didn't have legislation like that before 1970 MR COTTEN All right Let's take a break THE VIDEOGRAPHER Excuse me 11:48 a.m. This is the end of tape number three We're now going to tape number four Whereupon discussion off the record Whereupon a brief recess was taken -- Page 521 SO 11:48 a.m. 2 Oo ee Whereupon after recess -- 12:02 p.m. 5 THE VIDFOGRAPHER January 30th 1997 at s 5 approximately 12:02 p.m. we're back on the record This is the beginning of tape number five BY MR COTTEN s protective Q Dr. Castleman do you know when the State of North Carolina took governmental action with respect " to protection of workers in its state against the dangers of asbestos 1 A Well I know that the State of North 11 Carolina was involved in bringing in the Public Health Service to do its survey published in 1938 and I believe that earlier than that I think in 1935 the state started a program of physical examinations of workers in the asbestos textile plants 18 Q. Could you explain to the jury what an asbestos textile plant is as opposed to a textile plant that is nonasbestos A Well the asbestos is a mineral fiber and Page 522 it can be combined with cotton and was in many cases done -- well products were made from combined 3 asbestos and cotton mostly in asbestos material and it would make a cloth that could be used for industrial gloves and things of that kind aprons and so forth worn in industries as equipment against splashing metals and aluminum plants and things like that and hot surfaces and things Q Do you sir know what products were made at the Kinston North Carolina facility at the duPont facility A No not specifically I think it was in the -- the only information that I have is really that it -- which division of the duPont Company it was in the textile fibers department but -- and it appears appears from Dr. Ford's letter that they were manufacturing dacron fiber there but whatever else they made I couldn't say Q All right sir It's your -- following up on what you said about the Public Health Service it's your information that the State of North Carolina 523 Page 523 participated in the Public Health Service coming in 22 and evaluating workers at asbestos textile plants in that state 3 A In the 1930s yes morane.) Q Do you know if the State of North Carolina received the information that was developed by the So Public Health Service in those 1930s efforts A I'm sure they did Dr. Esam was listed as one of the authors of the Public Health Service report and he was one of the state officials who was involved in bringing the Public Health Service in Q With respect to the -- again the hazards of asbestos why in the 50s and 60s didn't the medical community within the United States take strong action to curb the dangers of the asbestos contact of workers A I've wondered about that too and it seems to me that what happened is you take a look at what the medical community consisted of The people in the medical community who were publishing reports were isolated people like Dr. 1 occasional Angrist who in his pathology work saw an case of lung cancer and asbestosis and published it in the pathology journal he There might have been others who like Dr. 5 Isselbacher put together review articles around a adding single they case report that were position 7 But the people who were in a position -- 8 the doctors who were in a position to actually influence industrial practice were the company actually doctors doctors like Dr. D'Alonzo who were in a position of some authority within the industries where these hazards existed And these folks were a different -- well they were the kind of people who were -- who saw theinselves it seems to me as part of management and who were keenly aware of the concerns of management They were people who understood that they served at the pleasure of management And I think even more they were a somewhat select group in that they were people who against realized they might be called upon to testify against Evans Reporting Service Page 519 - Page 524 Multi Barry Castleman 1-30-97 bringing Page claims 1 workers who were bringing compensation claims 2 They might be leaned on by management to be 3 less than completely forthright with workers about 4 informing them about occupational hazards that they were facing on the job And so for a variety of reasons that plus 7 the fact that there was no place for people to work 8 who were independent experts in industrial medicine governmental 9 There were a few jobs in a 10 agencies scattered around the country -- and I mean a 11 few -- because there was no federal presence in the 12 field of occupational health 13 And so the jobs that were available for 14 people who graduated in this field who had special 15 training or interest in industrial medicine and 16 hygiene they were all in the industry 17 And so -- and this is reflected in the 18 industrial dominance in the publications of the 19 field Textbooks written by duPont authors for 20 example is a good example of the kind of hegemony 21 the kind of dominance that the company doctors had in 525 Adams v DeNemours Page 526 1 the field of industrial medicine a kind of 2 unchallenged dominance which existed in a time before 3 there was any other kinds of employment for people who 4 were interested in industrial medicine outside of 5 industry 6 This changed in the 1970s or started to 7 change in the 1970s with their creation of OSHA 8 NIOSH the Environmental Protection Agency and other 9 federal agencies where people could actually get a job 10 and be professional in this field and concentrate on 11 informing workers and citizens of -- about 12 occupational and environmental health hazards which 13 they had previously been unaware of 14 So I'm sorry it's kind of a long answer 15 but that's my explanation for how come the medical 16 community if you want to refer to such an amorphous 17 entity as that didn't do more sooner 18 MR COTTEN To the degree and extent that 19 your answer was nonresponsive I'll object to that 20 Q Do you sir know the date when the first 21 asbestos claim was made at any duPont Page 527 1 industrial medicine and hygiene Page 528 1 facility 2 A No I don't I mean obviously duPont was 3 of a death of an individual from mesothelioma in 1963 4 1963 5 Whether a claim was made by the worker in 6 that case whether the worker was ever informed or the 7 worker's family was ever informed by duPont that 8 mesothelioma is a disease associated with asbestos as 9 something that was well recognized by the mid 60s I fields organizations 123 They didn't have within their own 123 time paid professionals in these 4 fields 5 The unions were slow to learn about these 6 things despite their token presence at organizations 7 like the National Safety Council at least by the 8 1960s I don't know about earlier years g Q When did the -- if you know the United 10 States Department of Health Education and Welfare nonresDpoonsiveness 10 can't say to the 11 come into existence a 11 MR COTTEN Let me object 12 A I think it was in the early 50s but I'm of your answer 13 not sure It could have been earlier than that Q you know the date when the first adenocarcinoma lung cancer case or 14 Q Did the United States Department of Health Education and Welfare impose or recommend any 114 asbestos 15 15 claim was made at the duPont Company 16 restrictions on the use of asbestos insulation 16 A No. 17 Q Do you -- what's your explanation for the 18 inaction of the unions with respect to the dangers of 19 asbestos understand 20 A I think the unions simply didn't have the 21 technical sophistication to problems of 17 products time 18 MR WATERS At any time 19 Q any time 20 A Well they put out a notice in the late in 21 1970s about asbestos hazards from previous exposure in Page 529 1 shipyards especially during World War II 2 Nothing else comes to mind although within 3 that department of the government there may have been 4 subdepartments like the Public Health Service which 5 did occasionally publish something 6 Q Do you know whether Lester Adams the 7 plaintiff's decedent in this case ever worked in the 8 shipyards 9 ^ I don't know 10 Q Would that be significant to you if he 11 had 12 MR WATERS From a medical standpoint or 13 with respect to his opinions 14 MR COTTEN With respect to his opinions a 15 A Well I'd need to know little bit more 16 about what kind of work he did and when I mean for 17 starters I'd need to know more about that a lot 18 more ; And I still don't know whether that really would have much to do with you know any testimony 121 that I could offer in this case given the nature of my Page 530 public I testimony being a nonmedical but more public health 2 and state of the art typoef testimony 3 Q When did you write the article How the Asbestos I 756 Asbestos Industry Avoids its Victims 756 A think this was written back in the -- back 756 the late 70s I don't think titled the a 7 article I just sent it in and I was little 8 surprised at the title that they gave it 9 Q At that time in that article you claim that 10 there was a coverup of hazards to asbestos and the 11 asbestos industry's customers isn't that correct 12 A Quite possibly yes I don't recall now the 13 exact text this 14 Q And I'll show this to you so that you'll 15 have the benefit of it sir indicating don't 16 A Thank you in 17 Q an article that you wrote in the late 18 70s you indicate where it's highlighted and 19 underlined -- if you mind if you'd read that 20 first portion that's highlighted and underlined 21 A And so the coverup of hazards of the L _ Page 525 - Page 530 Evans Reporting Service Adams v DcNemours TM Multi Barry Castleman 1-30-97 Page 531 1 industry's customers compounded the coverup of the 1 MR WATERS Do you have it Page 532 2 hazards to the industry's own employees and the sales 2 MR COTTEN Yes 3 of asbestos skyrocketed + Q All right sir 3 MR WATERS Yeah sure 4 MR COTTEN Let me object to the S MR WATERS Can I see that 5 nonresponsive portion of your answer Yes 5 MR COTTEN indicating 7 Q You were indicating that -- let me withdraw 8 that 6 Q Dr. Castleman you know don't you sir that 7 there were -- that the duPont Kinston North Carolina 8 plant did not manufacture any products that contained 9 Do you understand that the duPont Company 9 asbestos 10 was a customer of the asbestos industry to the extent 10 A That's my understanding I mean duPont was i. that it purchased asbestos insulation 11 not usually involved in manufacturing asbestos- 12 A Yes but I also consider that they were an 12 containing products but asbestos was used in some 13 asbestos company to the extent that they used asbestos 1+ as a raw material in the manufacture of products that 13 products made by the company at some of its locations 14 MR COTTEN Here you are Mr. Waters 15 they sold 15 indicating 16 MR WATERS Let me just lodge an objection 16 MR WATERS Thanks 17 to examining the witness on an article when 17 Q In that same article in the 197 -- late 18 apparently you've only presented him with one page of 18 1970s sir you also indicated that the full extent of 19 it 19 the dangers of asbestos remained unstudied and unknown 20 MR COTTEN Would you like me to get the 20 for decades didn't you 21 rest of the article 21 That would be the second highlighted and Page 533 Page 534 1 underlined portion 1 A Right 2 A Yes 2 Q All right sir 3 Q And then with this article that you wrote in 3 A Well I don't recall exactly when the 4 19 -- in the late 1970s you also state -- and I'll ask 4 studies came out It was sometime in the 1970s I S you if I read this correctly -- as a result only now 5 think 6 do we know that all the people who worked at shipyards 6 Let's take a break in a couple of minutes 7 and construction sites and fabricating 7 Q Yes sir a couple more minutes 8 plants even office workers run the risk of " To the extent that this conspiracy that you 9 contracting asbestos cancer 9 talked about -- and you name the companies that you 10 Isn't that what you said in your article in 10 believe were involved in the conspiracy in your book 11 the late 1970s !! Asbestos Medical and Legal Aspects -- to the extent 2 A Yeah The emphasis is on the word all 12 that this conspiracy manipulated scientific and 13 Q All right 13 medical information and withheld it would that be a 14 MR WATERS In fact that's in italics 14 source of confusion to either individuals or even 15 A Yes that word is in italics as it appears 16 in the article 15 professionals in the fields who would read information 16 that was contrary to one another on the subject of 17 At that time studies were coming out showing 18 that even draftsmen working at shipyards doing 19 engineering drawings had abnormal chest rays 20 consistent with asbestosis 17 asbestos 18 A Yes And by the way I'm not sure I want to 19 simply let pass your assertion that I name the 20 companies that were involved in the conspiracy in my 21 Q Late 1970s 21 book ; Page 535 Page 536 1 But it is certainly true that the 1 Limited CSR Railroad Companies and Metropolitan Life 2 suppression of knowledge and the distortion of 3 scientific knowledge had the effect of confusing 2 Insurance Company is that right listed 3 A Those are the companies that are listed in + people especially the people who didn't haveindustrial 5 technical sophistication in the field of industrial 4 the Corporate Knowledge chapter of the book but it 5 isn't stated in that chapter anywhere that those 6 medicine and hygiene 6 companies all engaged in a conspiracy 3 Q The companies in your book that you discuss 7 Q Okay Those are the companies though that 8 on the section of company knowledge where you & you specifically refer to concerning company knowledge 9 specifically talk about each one of those companies 10 include and are limited to the Manhattan 11 Inc. Illinois Armstrong Cork Fibreboard 9 regarding the hazards of asbestos is that right 10 A In Chapter 9 yes Other companies are 11 discussed elsewhere in the book in addition to those 12 Corporation Corning Fiberglas Corporation 13 Unarco Pittsburgh Corporation Picher 12 Q Those are the ones though that a specific 13 chapter is devoted to in your book 4 Industries United States Gypsum Company Southern 15 Textile H. K. Porter Corporation Keene Corporation 14 A Well subchapters yes 15 think we should probably take a break at this 16 Union Carbide Corporation Georgia 17 Corporation W.R. Grace & Company GAF Corporation 18 Westinghouse Electric Corporation Companies Mining 16 this point that Let's 17 Q That would be fine Let's do off 18 THE VIDEOGRAPHIER We're going to go off the 19 Asbestos in Quebec Canada Philip Carey Manufacturing 19 record at 12:24 p.m. 20 Company Asbestos Corporation Limited Manville 20 MR WATERS For the record Sarah Lee who 21 Corporation National Gypsum Company Turner & Newall 21 is represented here today was not represented at the Evans Reporting Service Page 531 Page 536 Barry Castleman 1-30-97 Multi Adams v DcNemours Page 537 1 session of the deposition but I think we 1 defendant Page 538 previous 2 have agreed that I'm going to be able to utilize the MR WATERS Well I'm not going to make any 3 3 previous portion of the deposition against Sarah Lee agreements about this deposition But fair enough 4 subject to any and all objections as to form or 4 Are we in agreement then responsiveness that were made at the time of the MR BEVEL And vice versa You said that 6 deposition even though you weren't there you could use it against me but likewise I could use 7 MR BEVEL Regardless of by whom they were 8 made anything that is in that examination against you 7 9 MR WATERS Correct And subject to 9 10 whatever additional nonform nonresponsiveness 11 objection Sarah Lee may wish to make at the time of 12 trial and before trial And what else MR WATERS Except the portions pertaining to Harbison Armco and duPont 10 MR BEVEL Right 11 11 MR WATERS Fair enough We have a 12 consensus 13 MR BEVEL with the understanding that 14 you're not intending to offer any questions or answers 15 the doctor gives based upon -- 16 MR WATERS That pertain to -- 17 MR BEVEL Pertain to an individual company 18 that's a defendant in the case cither Armco duPont 19 or Harbison that were that opinion testimony 20 elicited in that deposition and for that matter in 21 that deposition that pertain specifically to another 13 Whereupon a brief recess was taken -- 14 12:24 p.m. 15 Whereupon after recess -- 1:28 p.m. 16 THE VIDEOGRAPHER 1:28 p.m. We're back on 17 the record This is the beginning of tape number 18 four -- or middle of tape number four 19 BY MR COTTEN 20 Q Dr. Castleman as a part of the promotion of 21 your book Asbestos Medical and Legal Aspects I i Fourth Edition are you aware that certain Page 539 1 Fourth Edition was actually published and made Page 540 2 advertisements in the form of advertising brochures 2 available for purchase at what time this -- last 3 have been distributed throughout the country by Aspen 3 year I mean year 4 Law and Business 4 A Sometime in the middle of the year I think 5 A Yes I'm aware of the fact that my publisher 5 in May 6 advertised the publication of the Fourth Edition of 6 Q May of 1996 7 the book 8 Q. According to your agreement with that 7 ^ think that's when it came out Maybe 8 June 9 publisher do you have the right of approval with 10 respect to what is said in that advertisement 11 concerning your book A No. proofs Q Did Aspen Publisher provide you with an 14 opportunity to see the of this advertisement 15 before they sent it out 16 A I don't think so They asked me about some 17 specific things and I told them I wrote down some 13 points but I don't recall whether they sent the final 19 version by me or not or whether they just went ahead 20 and put it out 21 Q This Asbestos Medical and Legal Aspects 9 Q Dr. Castleman I have a copy of your book 10 that I purchased I noticed in this -- and I'll give but 11 you and Mr. Waters an opportunity to look at my copies 12 of the advertisement that I was just referring to 13 according to this advertisement there's a 14 representation made that this book the Fourth Edition 15 that was available for purchase in May of 1996 was 16 completely up to date 17 Were you aware that they made that statement 18 concerning the book 19 A I don't recall whether -- that didn't make 20 any impression on me if they ran that by me that they 21 were going to say that well Page 541 1 Q Did you -- have you prepared any supplements 1 Q They haven't told you that they directed Page 542 2 with respect to Asbestos Medical and Legal Aspects 2 this to the legal community 3 A No. 3 A They haven't told me that but I would 4 Q Are you working on any new editions 4 assume that they would have directed it at the legal S A No. 5 community and possibly others as 6 Q Were you aware that the publisher in its 6 Q Did you have any -- did you write any of the 7 advertisement says that purchasers such as myself will 7 information that's contained in the advertisement 8 automatically receive risk supplements and new 8 may have 9 editions that add to or update Asbestos Medical and 9 MR WATERS I think he needs to look at it 10 Legal Aspects 10 Q I'll be glad to hand it to him 11 A recall seeing some page about supplements 11 Indicating 12 in the book itself which basically struck me as an 12 A Most of this looks like the old brochure 13 advertisement from the publisher as well as at least 13 language that they used in the previous edition I 14 an implication that there was going to be something 14 don't recall 15 published that they hadn't discussed yet with me 16 Q Do you know sir who the advertisement of 17 your publisher what audience these advertisements 18 were directed to discussions discussions 15 I mean I had some discussions with them said 16 and I may have written a few things down and said 17 well all right You might want to say this or you 18 might want to add that A No not really I mean I can guess and so can you but I don't really know who all they mailed 21 those things to 19 Q Is it your belief that your book Asbestos 20 Medical and Legal Aspects Aspects would provide a lawyer 21 purchaser with a case building historical and legal Page 537 - Page 542 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-30-97 I that information saving 1 information saving Page 543 person thousands of hours of 1 Page 544 2 research and analysis MR COTTEN Indicating 3 A Well the book has think been helpful to 2 A That looks like language probably from the 3 + people involved in litigation on both sides by 5 cataloging and discussing the evidence involved on the earlier brochures There are certainly studies that 4 -- there are certainly plenty of studies in the book 6 basis of which the various parties can come to 5 that are discussed which were never published at the 7 reasonable agreements about how to resolve some of 6 time they were done 8 these cases 7 Q And sir again this advertisement duPont 9 Whereupon Castleman Deposition Exhibit 10 Numbers duPont 2 through 4 were marked for 11 identification 12 Q With respect to the advertisement which I've 13 marked as duPont 2 -- and I'll give you an opportunity 14 to look at this -- on the topic of cancer it contains iS the statement describes confidential studies never To before published 17 Is that what this says 18 MR WATERS I'm going to ask you to give it 19 him He can't read from that distance 29 MR COTTEN I thought he might know 21 MR WATERS Maybe he can Oh corporations 8 Number 2 names the names of a number of 9 but does not except for my exhibit number contain 10 the name duPont Company 11 A That's right They basically are listing 12 the companies that are discussed in Chapter 9 most if 13 not all 14 Q Going back to the article -- and I'll if 15 retrieve it I need to for your purposes or for your 16 purposes Doctor -- on how the asbestos industry 17 avoids its victims did you cite a statement from define 18 A. Lanza that was published in 1935 that says the 19 experience so far does not warrant or attempt to 20 a standard for dustiness for asbestos dust 21 A recall Lanza having a statement like that 1 in his 1935 publication I may have quoted it 2 Q And showing that to you sir do you see 3 where it was quoted in your article indicating 4 A Yes Page 545 1 context Page 546 2 Have you referred to those types of 3 behaviors as being a part of a conspiracy of silence 5 Q And finally does the article at the 6 bottom of page 35 written by you in the late 1970s 7 indicate that Dr. Lanza's publication was fiction and 8 science was but one way in which private insurance carriers in the United States worked with the asbestos 10 industry to keep the hazards of asbestos a secret tl A Right And just to give the context you're 12 skipping something here between the standard of telling 13 dustiness comment and other stuff that I'm 14 here And what I'm saying is that there was critical 15 editing that Dr. Lanza did at the request of the 16 lawyers for Manville to weaken the central -- 17 the number one conclusion of the study S And then I do make reference to that as 19 publishing fiction as science and critiquing 20 Metropolitan Life for participating in such a thing 2t Q All right And thank you for putting it in 4 S 6 7 " 9 10 11 12 A Yes on occasion I have Q Have you described the publication of Dr. Irving Selikoff in 1964 with respect to the dangers of asbestos that includes the work trade of insulators as a landmark paper A Yes I suppose I have Q You've talked a number of times sir about your having provided your services for the Chase Manhattan Bank . 13 That was in an action in which the Chase a 14 Manhattan Bank was plaintiff is that correct 15 A Yes 16 Q Chase Manhattan Bank in that instance was a 17 premises owner that had asbestos insulation products 18 on its premises is that right 19 A Right That's right 20 Q Do you have a belief that the Chase 21 Manhattan Bank through any exposures that occurred on ~ [ | its premises to its employees was intentionally exposing its employees to the hazards of asbestos 3 while knowing it to be substantially certain that 4+ those employees would be T would suffer serious Page 547 1 2 3 4 5 injury or death 5 6 A No. The Chase Manhattan Bank on the 6 7 contrary has -- had voluntarily decided to embark on 7 K an 85 million asbestos abatement program in its world 8 headquarters building long before the lawsuit came to 9 10 trial and had in fact spent about half that sum by the 10 time that the trial took place 11 12 Q What year was the lawsuit brought 12 A don't know when the trial -- when the 13 1 claim was brought I think it was 1989 but I'm not 14 sure 15 16 Q And what year did they start their asbestos 16 17 abatement program 17 13 A I don't know 18 19 Q What is your fee arrangement with the 19 20 plaintiff in this case 20 21 A My standard arrangement -- 21 MR WATERS Let me just object that he doesn't have a fee arrangement with the plaintiff has a fee arrangement with me Page He Q What is your fee arrangement with Mr. standard Waters who represents the plaintiff in this case A My charges are 300 per hour for trial and deposition testimony Q What about preparation for trial or depositions A That's billed at the same rate Q To this point in time and not counting today's deposition do you know how many hours you have invested in all aspects of the services that you're rendering at Mr. Waters request in this Lester Adams case 548 A You mean this year not back in November Because I can't remember what the bills were for November Q. Why don't you tell me this year and then we'll go back and explore all the rest of it A Because I think you paid the bill in Evans Reporting Service Page 543 - Page 548 Barry Castleman 1-30-97 Multi Adams v DcNemours 1 November 2 Q think you're wrong paid Page 549 Page 550 1 preparation time but I'd have to go and check 2 There might have been you know an hour or he 3 MR WATERS Yeah didn't paid the bill 4 THE WITNESS He didn't paid it MR WATERS I right 3 two something like that 4 Q And so we could do the math on the number of 5 hours by -- with respect to your work in 1996 on the THE WITNESS You paid it All right 7 -- Anyway solicit 8 MR WATERS I'll be happy to solicit a 9 contribution but we haven't talked about it 10 A really haven't tried to sit down and sort 11 out how many -- exactly how many hours I haven't a 12. composed bill for Mr. Waters but you know probably 13 like something like six hours or so is the time 14 probably spent on this at his expense separate from 15 the actual deposition time itself 16 Q In 1997 Right 17 A first 18 Q What about when you first became engaged in 19 this case 6 Lester Adams case by determining the length of time of 7 the depositions itself -- the deposition itself 8 A I suppose so yes I mean the bills have 9 already been composed and sent and I think paid I 10 just don't recall the amounts involved 11 Q In the documents that you brought for us bring 12 here today in response to the subpocna that was served 13 on you did you copies of your bills with 14 respect to your work on the Lester Adams case 15 A I don't have any copies of bills in the 16 Lester Adams case 17 Q right You submitted those bills to Mr. 18 Waters he paid them and you haven't created a new 19 bill 20 A don't think there were any charges until 21 the deposition itself I don't think there was any 22 A Right When I get a bill paid I just make 22 an entry that it was paid and chuck the copy that I 1 have of the bill I sent Page 551 I 2 Q This case is set for trial in April of this 2 year April 28th of this year 3 4 Do you have a present intention to testify 4 5 live at this trial 5 6 A That's up to Mr. Waters but I believe I 6 7 would be available if he wanted me to testify live 7 8 Q Do you have a minimum fee for depositions 8 9 A Oh I think I try to at least get people 9 10 to pay me for half a day and if they're only going to 10 11 take a half a day I try to get them to commit to that 11 so that I can make plans for the other half of the day 12 and feel free to walk out at the end of the half day 13 14 but that doesn't always work 14 15 I mean there have been cases where you 15 16 know have been real short depositions and not billed 16 17 them for the time it took 17 18 Q All right sir 18 19 How many times have you testified in 1997 19 20 whether by deposition or in trial 20 21 A This is the first time 21 Page 552 Q Can you give me the approximate numbers of times that you have testified whether by deposition or trial for 1996 A I think it's about a dozen each depositions and trials Q So about 24 during the year 1996 A Right Q Were you busier than that in 1995 with respect to testifying A No I think '95 was even a little bit slower than '96 Q. Do you know how much money you earned for testifying whether by deposition or in trial during the year 1996 with respect to your consulting and testifying for lawyers A No. I mean I've got the records but I haven't -- you know I haven't filed taxes or anything like that on them yet so I don't know what the totals would be Q Do you know -- do you have -- could you give me your best approximation Page 553 Page 554 123 A It's probably a little over 100,000 gross 2 income ~fi Q And then your work with respect to the 2 knowledge about asbestos disease continued again in 123 Q Your first article called The Development 4 of Knowledge About Asbestos Disease -- 3 1977 with the assistance of other plaintiffs 4 attorneys 5 A Yes S A Yes What happened was that the -- more G Q -- was that article commissioned by a 7 plaintiff's attorney 6 attorneys were getting involved more cases were being 7 filed in 1977 and this report that I had prepared was 8 A It was requested by a plaintiff's attorney 9 yes 10 Q And was it paid for by a plaintiff's 8 becoming known at least to lawyers in Texas and 9 eventually to lawyers in other states 10 Q Now at the beginning it's correct isn't 11 attorney it it that a plaintiff's attorney told you what he had 12 A Well he paid most of the bill not all of 12 to do in his case and explained to you what he had to 13 it 13 prove in his case as a part of your instructions to do 14 Q And that was back in 1976 or '77 14 your work 15 A Right 15 A Sure The lawyers would orient me by 16 MR WATERS Who was the lawyer 16 telling me basically what the issues were in their Humphrey 17 THE WITNESS Walter 17 case familiar 18 MR WATERS I think Walter could certainly 18 I wasn't a lawyer I wasn't familiar with afford it 19 this kind of stuff and it needed to be explained to MR VOGLER I think we ought to strike some 20 me what basically were they especially interested in 21 of those comments about payment and Mr. Humphrey 21 knowing even though the general task was to develop Page 549 - Page 554 Evans Reporting Service Adams v DcNemours TM Multi Barry Castleman 1-30-97 Page 555 Page 556 the whole picture of the knowledge as it had been I It wasn't 90 percent every year but I'd say 2 published whatever -- whatever it said 2 over the decade it would have been probably 90 percent 3 Q And you've been doing this work to a greater 3 or more 4+ or lesser degree each year since 1975 now through the 5 beginning of 1997 4 Q When were you first contacted or retained in S connection with the Adams case " A Yes I mean it started out as a research 7 8 9 10 11 12 13 -1 job and what started out as a small research job eventually became a major activity in my life for a period of some years in the late 70s and the subject of my doctoral thesis and the book in the early 80s and it is also a continuing fascination of mine to try and really understand how this happened this epidemic of asbestos disease that is unfolding now MR COTTEN Objection to the nonresponsive portion 15 portion of your answer 16 Q In the 1980s 90 to 95 percent of your 6 A I don't remember Probably shortly before 7 last November 8 Q What was the source of that contact 9 A I'm sure Mr. Waters would have called me and 10 told me about the case 11 How else would I have known 12 Q Have you had any discussion with any other 13 lawyers for the plaintiff or representatives for the 14 plaintiff or other expert witness with respect to this 15 particular lawsuit involving Lester Adams 16 A No. 17 income was derived from testifying for plaintiffs in 18 their lawsuits is that correct 17 Q Have you reviewed any information specific 18 to Lester Adams 19 A Well it was derived from testifying in 19 A I don't think so 20 trials being deposed doing research litigation- 21 related activities 20 Q Reviewed any deposition testimony of any 21 workers or any affidavits of workers l A 1 don't think I have no Page 557 1 2 Q Have you reviewed any of the -- any 2 3 documents that are specific to the Kinston North 3 Carolina facility run by duPont 4 3 A Well there's only one in this stack this S ^' letter from Dr. Ford in 1966 -- 6 ? Q That indicates that the Kinston- Kinston- 7 8 A M one of the numbered exhibits from 8 9 yesterday 9 10 Do you recall the one I'm talking about 10 "4 Q Yes sir Do you -- have you reviewed any 11 2 photographs in this case 12 3 A No. 13 id Q Have you ever taken -- have you ever seen or 14 15 analyzed any air sampling data taken from the Kinston 15 16 duPont facility 16 17 A No. 37 13 Q Have you ever taken any ait samples or 18 iy analyzed any air sample data from any duPont facility 19 20 A don't think so 20 21 Q With respect to your duPont file and the 21 Page other documents that you have produced in this case do those -- would those reflect all of the documents that you've been supplied by the plaintiff in this case or by Mr. Waters in this case A Right That would be included in with the documentation I already had in the duPont file MR WATERS And I guess as a practical matter he's also been supplied with the Harbison- Walker documents as part of this case Q Have you prepared any type of written report whether in draft or final form A No. . 558 Q Do you expect that if called at trial in this case that you'll testify to -- I'm going to ask you several different areas Let me know whether expect your testimony to be in those areas Risk assessment you A That's a little vague That can mean a lot of things Q Okay I'll withdraw that one Toxicology A Probably not I mean I would -- I would Page 559 Page 560 i basically testify about the animal studies the 2 experimental animal studies that were publicly 12 And I'm talking about insulation products 2 A You mean company and brand 3 available in the literature and possibly some that 3 Q Brand didn't quite get published but beyond that no I 4 A No. 5 wouldn't be going into the toxicological and fine 5 Q Do you know where those products were 6 points of some animal -- experimental animal studies 6 located covering 7 Q right sir Have you been 8 professionally trained in library science y A No. It was just assumed to be something I 7 A Well I mean pipe covering would have been 8 on pipes but more than that I don't -- more 9 specifically than that I can't tell you 15 would learn how to do in the course of taking the 10 Q And you don't know where those pipes were ti other courses I was trained in Ht located in relation to Lester Adams 12 Q Do you know the details of the day 13 tasks performed by Lester Adams when he worked at the 14 duPont Kinston facility 15 A No. bo Q Do you know the history of any other 17 employment that he bad is A No. 5) Q Do you know what asbestos products specific 20 products were used at the Kinston North Carolina 21 facility 12 A No. 13 Q You do not know what dust control measures 14 were taken at the Kinston facility is that correct 15 A No. Meaning 16 Q Meaning you don't know Ford's 17 A Well I understand -- I mean Dr. Ford's 18 letter indicates that they had dust collection of some 19 sort on a bandsaw in 1966 but apparently nothing 20 clse information information 21 Q So that's all the information you have Evans Reporting Service Page 555 - Page 560 Barry Castleman 1-30-97 Multi Adams v DcNemours Page 561 additional Page 562 1 If they had additional things you don't know 2 about it 3 A Right I understand I've talked to Mr. 4 Waters a little about this and my understanding is 1 A Right I mean it does appear that there 2 were all kinds of measures envisioned as being 3 necessary by Dr. Gordon Stopps for example in '64 4 and there were some memoranda that were developed that there's a little bit of a dispute as to when control measures were put into place in this case 5 within the next two years and sent around by Dr. 6 D'Alonzo to the plant physicians -- well that was 7 Q And you don't know what types of control 8 measures were in place from the very beginning of the 9 operation of the Kinston North Carolina facility 10 MR WATERS As opposed to what was stated 7 actually sent around November the 9th and then there 8 were some more details about control measures that 9 might be needed 10 But as to what was actually implemented and 11 to be the case in 1966 11 when at this plant I can't tell you I don't know 12 MR COTTEN I don't understand your 12 Q You don't claim to be an expert in this case 13 clarification 13 in internal medicine do you 14 MR WATERS He's testified that he reviewed 14 A No. 15 document that discusses to some extent what control 16 mechanisms 11 17 MR COTTEN Right As opposed to that doc 18 -- what's said in that document 19 Q In other words all you know about it's 20 what's in that document and you understand there's 21 some dispute about when measures were instituted 15 Q You don't claim to be an expert in oncology 16 pathology pulmonology toxicology or radiology is 17 that right 18 A Well none of the medical specialties And 19 no not an expert in toxicology although I have been 20 trained in toxicology and it's one of the tools of my 21 trade Page 563 Page 564 1 Q How many courses in toxicology did you take 2 A either took for credit or audited I think 1 A Generally they're talking about what the 2 levels were in the air if you're talking about an 3 every toxicology course that was offered at the Johns 3 airborne contaminant With some contaminants exposure 4 Hopkins School of Hygiene and Public Health There 5 were about six of them That was Principles of 6 Toxicology and Toxicokinetics 7 So I'm having trouble remembering the 1 8 names It's been 15 years but there were a number of 9 other courses as well in toxicology 10 There were seminars in toxicology I 11 presented one on fibrous substances in cancer . Q When one in the field talks about exposure do you understand that they mean the concentration of 114 material in the air 4 is also monitored by body burden If you want to see 5 how much lead exposure someone has had for example 6 you might do analyses of the lead concentration in 7 their blood 8 Q Would you agree that both high 9 concentration exposure for brief periods hours or 10 days and far lower exposure for long periods are 11 associated with some as yet undetermined cancer risk 12 A You mean asbestos exposure 13 Q Yes sir 14 A Yes I mean there are response curves 15 MR WATERS All right When you say when 16 one in the field is that a -- are you still speaking 17 of toxicologists 18 MR COTTEN No I apologize Let's take 19 the field of industrial hygiene 20 Q Do you know enough about industrial hygiene 15 that have been developed but there's a fairly wide 16 range of uncertainty about these response curves 17 especially when one extrapolates down to lower and 18 lower levels of exposure 19 Q And it's -- when you do that even to this 20 day you have an undetermined cancer risk is that 21 to know if that is the definition of exposure 21 correct Page 565 Page 566 123 MR WATERS At which levels now Are we at 2 the lowest levels 1 reporter 2 MR WATERS All right Then I guess I'd 3 MR COTTEN Both high concentration t exposure for brief periods and far lower exposure for 3 just ask for clarification on what you mean Larry in 4 terms of brief exposure it five 5 long periods 6 MR WATERS well let me just object I 7 think the question is multiplicative 8 A I think we have pretty good information 9 about the high levels of exposure and the risks 10 associated with them but the shape of the dose- 11 response function as you go down to orders of 12 magnitude lesser exposure is the area where the 13 greatest uncertainties reside 14 Q Based upon what Merewether published with 15 respect to the asbestos textile industries of the 16 early 20th Century you would not expect to see 17 asbestosis in a worker with brief exposure in terms of 18 years would you sir . MR WATERS I'm sorry Would you mind -- just read it back I didn't catch it all 21 Whereupon the record was read by the 5 In terms of years is it two years or five 6 years or how would you define that 7 MR COTTEN IIow about zero to two years 8 A Well let me answer the question 9 I think that what Merewether showed was that 10 people who were actively employed in the industry but 11 who had been there less than five years did not have 12 asbestosis but Merewether went on to explain that 13 this was because there was a maturation period 14 associated with the exposure not that it took five 15 years of exposure to cause disease but that among 16 people who were actively employed in the industry you 17 would not see disease until five years from the onset 18 of exposure even in the most heavily exposed cases 19 And so Merewether made that clear 20 Merewether I don't think tried to suggest that you 21 needed to have five years of heavy exposure in order Page 561 - Page 566 Evans Reporting Service Adams v DcNemours disease I to develop disease 2 MR COTTEN Objection Nonresponsive 3 Q Do you recall that you made the statement + under oath on October 8th 1996 to a question you 5 wouldn't expect to see it at all in those 6 individuals 7 Your answer was no not based on whether 8 Merewether published on the unregulated asbestos 9 textile industries of the early 20th Century 10 MR WATERS Okay Before we have an 11 answer I'd like for him have a chance to look at 12 it - 13 MR COTTEN Sure indicating 14 MR WATERS -- to recall the context 15 A All right What I'm being -- 16 Q Sir respectfully -- and I don't mind if Mr. 17 Waters wants to ask you questions about it just 13 wanted to know if that was right you made the 19 statement on that day 20 MR WATERS Okay The problem I'm having is that that statement to my way of thinking doesn't Multi Page 567 Barry Castleman 1-30-97 i match with your previous question Page 568 2 So if you want to use the statement to 3 impeach him I think you're going to have to ask him 4 another question first I 5 MR COTTEN think it goes back to - 6 okay I'll say it another way 7 Q With respect to people who are exposed -- 8 I'll tell you what I want to withdraw it It's not 9 really worth it I'll withdraw it 10 Dr. Castleman do you agree that asbestos 11 diseases are dose related 12 A Well the risk of asbestos disease is dose 13 related a 14 Q Sir do you recall making the statement on 15 October 8th 1996 in answer to the question Doctor 16 the jury heard lot in the last three weeks four 17 weeks whatever but a lot of the doctors have told us 18 that asbestos diseases are dose related 19 Do you agree with that 20 ANSWER Yes 21 Do you recall making that statement under I I asbestos- 1 oath Page 569 2 MR 1 deadly it was Page 570 WATERS Can he again see it in context 3 MR COTTEN Yeah I'd like to ask him 2 Q He would -- let me see if understand what + first if before I impeach him with it and show it 3 you said to me 5 to him I'm asking if he recalls making the statement 4 You think that he would have said that 6 A honestly don't recall every sentence I 5 asbestos was a marvelous product and we should just 7 ever said in court 6 learn to live with it even though it's a deadly 8 Q All right Now I'll show it to 7 product 9 indicating you 8 A Right At that time there were as far as I 10 A Right think the context makes it clear 9 knew no readily available substitutes for 11 that we're talking about the higher the dose the 10 containing brakes in cars and trucks for example 12 higher the risk 11 And so it was not possible in 1966 to talk 13 Q All right sir Thank 12 about banning asbestos anytime in the foresceable you 14 Dr. Castleman are you familiar with the 13 Tuture because we did have this dependency on asbestos 15 fact that Dr. Selikoff made a statement 14 use in certain products if not all the products in to a reporter 1966 16 which was published in the Wall Street Journal in 15 which it was then used 16 Q And Dr. Selikoff then was saying that the 17 March of 18 marvelous to the effect that asbestos is a 17 asbestos products could be used with product and that we should just learn to 18 safeguards 19 live with it is that right proper 20 A I don't recall the specific statement He 21 may have said that in the course of explaining how 19 A Well I think he was saying that some of 20 them will have to be used with safeguards Others we 21 can probably do without es Page 571 i And they were using asbestos in children's 1 2 modeling clays and other things back in those days 2 3 where it wasn't exactly necessary 3 4 Plus I might add that Selikoff was a doctor 4 5 and not an expert on the technology of asbestos S 6 substitutes and so he was not expertly placed to 6 speak of what substitutes should be made available in 7 S each of the myriad applications in which asbestos was 8 ' - then used y 10 Q Dr. Castleman during the time that Lester 10 it Adams was employed at the duPont North Carolina - 11 12 duPont Kinston North Carolina facility which was a 12 20 -- over a year period of time would you tell me 13 14 what you contend that duPont should have been doing at 14 15 that facility that it was not doing 15 16 A DuPont should have been informing the people 16 17 who were working with insulation asbestos insulation 17 18 that the dust from that insulation was very deadly 18 12 material 19 20 In addition to that they should have taken 20 21 every conceivable measure to have local exhaust 21 ventilation with dust capture on all the saws that were used as power saws to cut any of that insulation Page 572 They should have taken special measures to assure that sawing of the insulation with hand saws which would probably be very difficult to provide with local exhaust ventilation simply shouldn't be done that the cutting that needs to be done you take the cut stuff back to the shop you the stuff on a saw that's provided with a designed local properly exhaust ventilation with good dust capture high efficiency air filter for the capture of the dust and very careful proper disposal including burial of the material thus captured possible Wct processes should have been used wherever possible especially in the stripping and removal of old insulation The workers should have been provided with respirators whenever they were doing any of that To the extent that pipe covering coulbde removed by putting plastic sheeting around it before Evans Reporting Service Page 567 + Page 572 Barry Castleman 1-30-97 Multi Adams v DcNemours Page 573 pipes Page 574 | 1 breaking it off of pipes that should have been done 1 fatalities then when they had Dr. Stopps attend the 2 so that the workers would not have to breathe the dust 3 associated with the ripout 4 These are the kind of common sense things 2 conference in New York and come back writing about how 3 even a home handyman who does a little bit of 4 insulation work in his house sustains a significant that could have been done given the recognition that the dust was that dangerous as it was shown to be at 5 meaning potentially deadly exposure to asbestos and 6 that Dr. Stopps additionally made notes of the 7 the New York conference that Dr. Gordon Stopps 8 attended 7 presentations of foreign scientists at that conference 8 including Muriel Newhouse Newhouse presenting data 9 MR COTTEN I'd object to the answer as - 9 showing that mesotheliomas which were considered 10 being nonresponsive to the question asked I 11 Q think the record is going to show that the 12 duPont Kinston facility was constructed in 1952 and 13 1953 10 signal tumors for asbestos exposure were showing up 11 not only in asbestos workers who worked in asbestos 12 factories but people who handled asbestos products 13 and insulation work and other kinds of work like that 14 All of these measures that you have just 15 illustrated for the jury are you saying that they 16 should have been doing those from 1952 forward 17 A No. I mean it would have been nice if they 18 19 brought had but I think certainly after they Schepers on board and they published what Dr. they did 20 about how in some cases even a month of exposure was 14 and then people whose only exposure was household 15 contact exposure to the dust brought home on the 16 clothes of the worker people who had never had any 17 occupational exposure even bystander occupational 18 exposure to asbestos and absent occupational and 19 household contact exposure people were dying from 20 mesothelioma simply from living within a half a mile 21 associated with asbestos disease and 21 of an asbestos plant 1 And this was borne out by statistical Page 575 123 A That was primarily about asbestos textile Page 576 2 analysis of the 76 proved cases of mesothelioma 3 which Dr. Newhouse and her colleague Muriel 4 Newhouse's colleague Hilda Thompson went and 5 investigated by investigations with -- interrogations 6 of near relatives and so on 7 In any case I think that the Newhouse and 8 Thompson report really told -- that was the -- that 9 told the death of the asbestos industry eventually 10 because it really pointed the way to showing us just 11 how serious the threat of asbestos was and how 2 workers 3 It did include other asbestos manufacturing 4 process workers and it did also include a cautionary S note about the hazards of asbestos product use in 6 shipyards where insulation was handled 7 Q Would you agree that the subjects in that prolonged & Merewether report were exposed to high levels of 9 asbestos dust for periods 10 A Well they were exposed to high levels of 11 asbestos -- well I'm not sure that they all were widespread the threat of asbestos was MR COTTEN Object to the nonresponsive 14 portion of your answer 15 Q The Merewether report that concerned 16 workers in the United Kingdom textile plants did it 17 not 12 Q You don't know 13 A Well they had very few dust counts They 14 had 51 dust counts published for all of Merewether's 15 studies 16 It's a -- you know it's a limited picture 17 of the overall condition across the entire industry .8 MR WATERS Which one 18 but I think one would assume in general the dust 9 Q Let's talk about the report on the effects 20 of asbestos dust on the lung and dust suppression in 21 the asbestos industry in 1930 19 counts -- the dust exposures were high 20 They were certainly not controlled under any 21 legal requirements at the time Page 577 1 Q Would you agree that the Merewether report 123SOM 2 contained no recommendations regarding exposure 123SOM 3 levels 123SOM Q Utilizing masked filters A That was presented more as a last resort Q Storage of asbestos materials away from the Page 578 4 A That's correct The British approach was to 5 develop work practices that were better rather than to 6 pick some number out of a hat and say that just as 7 long as you get below this exposure level you don't 8 have to clean it up anymore 9 Q Again from the Merewether and Price report 10 of 1930 is it correct that that report recommended 11 local exhaust ventilation 12 A Merewether and Price 13 Q Yes 14 A Yes they had a lot of details in there on 15 dust control in the various sectors of the asbestos 16 manufacturing industry 17 Q Including capturing dust at producing 118 points and exhausting it away A Well capturing it yes and exhausting -- exhausting -- at least exhausting it away from the 21 breathing zone of the worker 123SOM workers 123SOM A Yes They wanted storage of asbestos in the 6 plant to be done in reasonably airtight containers 123SOM They didn't want to have piles of asbestos 8 just lying around in the plants 9 QWould QWould you agree that in that Merewether 10 study that he said that if you kept dust levels down 11 people shouldn't get sick 12 A Well what Merewether said exactly was as 13 the means of perfecting control of the dust are 14 developed the disease will disappear basically perfect 15 dust control means no exposure and saying 16 therefore no disease 52982 Q Do you know whether at the duPont Kinston 52982 facility whether Lester Adams was ever exposed to 52982 asbestos dust in excess of the recommended or 20 regulated threshold limit value for asbestos 21 A I don't know that his exposure was ever Page 573 - Page 578 Evans Reporting Service Adams v DeNemours Multi Barry Castleman 1-30-97 around J monitored so I'm at a loss to answer that Page 579 Page 580 2 And by the way that would have been a 1 A The story of the development of the initial 2 list of the threshold limit values which were called 3 recommended exposure limit not a regulated one as 4 far I'm 3 maximum allowable concentrations back in 1946 is that as aware at least up until the 1970s when 4 this volunteer committee which did not include 5 OSHA came along and established permissible exposure 6 limits for asbestos a 5 single doctor of chemists and engineers and 7 Q Would you agree that threshold limit values 6 toxicologists got together and recommended -- they 7 looked 8 prior to OSHA issuing regulations were treated by 8 at what the various states had said as 9 industry as guidance as what should be regarded as acceptable exposure limits for different types of 9 airborne industrial 10 safe working conditions contaminants and they developed a 11 A Well they were used for some guidance The 10 list based on that and based on an article by an 12 11 insurance official named Warren Cooke people in industry who had more sophistication 13 realized that the threshold limit values were not fine 12 And so they had this list that they 13 recommended in 1946 and I think there 144 14 lines between safe and hazardous exposures and that 14 substances on the list And there were 15 they were not always based on during much scientific 16 information was nothing special 15 about asbestos It was just something for which some 17 Q Do you know if the 1946 ACGIH standard for 16 exposure limits already had been recommended by some 18 asbestos was developed in response to a risk in 17 authorities somewhere and so it was adopted by the 18 ACGIH 19 asbestos textile plants .20 A It's a little hard to answer that 19 MR VOGLER Object and move to strike 21 Q All right 20 MR COTTEN Object Nonresponsive 21 Q Do you agree that from 1962 until 1972 the per 1 TLV for asbestos dust was at 5 million Page 581 Page 582 parts 2 MPPCF five million parts per cubic foot 1 MR COTTEN Objection Nonresponsive 3 A The details are discussed in book I 2 Q Dr. Castleman would you agree that the TLV my weighted 4 don't recall off the top of my head But they 3 was defined as a safe upper limit or 5 recommended a change to that in 1968 or 1969 the 4 average concentration for work room air 6 change of measurement technique and a change of the S A Well they probably -- 6 a 7 extent and intensity of exposure recommending limit MR WATERS Well by who 8 of 12 fibers per cubic centimeter or equivalently 12 7 MR COTTEN By the ACGIH 8 equivalently 9 million fibers per cubic meter of air A They qualified that They had various lu Q You would agree that that notice was again 9 language that they issued in what they called the _ 10 the 11 reissued in 1969 preface to TLVS starting in 1953 and they always 2 A I think they reissued that notice in '69 11 allowed for the possibility that some workers would be 13 and then I think they withdrew a recommended limit of 12 affected by levels that most workers could tolerate 13 whatever the chemical or hazard in question 14 any kind in 1970. And then after OSHA had set five 14 And they also said that these limits are not 15 fibers per cc as the law of the land the TLV 16 committee caught up with them a few years later and 15 fine lines between safe and hazardous conditions but 16 they also did include statements that 17 the ACGIH came down to five fibers cc were more per 18 And I have this displayed in the table in 17 reassuring as to the extent of reliance that they the 19 book in Chapter 4 how my TLV committee and the ACGIH 18 thought people could place on these exposure limits 282 Q Such as statements that it reflected 85 were consistently behind OSHA in lowering the 20 conditions under which it was believed that workers 21 recommended exposure limits for asbestos 21 could be exposed day after day without adverse effect 1 isn't that correct Page 583 I 2 A I think they said most workers But again 2 3 I don't recall the specific language by heart 3 + Q Would you agree that prior to 1972 there 4 was no federal regulation or law mandating air testing 5 6 for asbestos 6 7 A I believe that's right In the workplace 7 $ as we've said OSHA didn't come along until the early 8 9 70s 9 10 Asbestos was one of OSHA's first targets 10 Lt with the issuance of an cinergency temporary standard [ 12. in 1971 and then the issuance of standard in 1972 12 13 which did require periodic air monitoring of 13 14 workplaces where people were exposed to asbestos 14 15 Q Dr. Castleman is it correct that you know 15 16 of no evidence that duPont at its Kinston facility 16 17 during the years of Lester Adams employment there in 17 18 their use of insulation products that there's no 18 2 evidence that they were out of compliance with the 19 20 five million particle per cubic foot air standard 20 21 A Well the five million particle per cubic 2 Page foot standard as you call it was just a recommended guideline The ACGIH had no regulatory authority It was just a private organization that recommended exposure limits of And so the only way I would know for sure of Mr. Adams exceeding that five million exposure per cubic foot guideline would be if someone particles had actually gone and measured his exposure which I understand was not done infer something The only other way one could infer something about that would be if there were periods of time significant periods of time when there was visible dust in the air that was being created by the manipulation of asbestos insulation in the area where Mr. Adams was working This would indicate levels of exposure on the order of a hundred million particles per cubic foot and more Object nonresponsive MR COTTEN Object to the nonresponsive 584 answer this Q You're unaware of any evidence in this case Evans Reporting Service Page 579 - Page 584 Barry Castleman 1-30-97 Multi Adams v DeNemours Page 585 Page 586 1 of exposures to Lester Adams specifically isn't that 1 Whereupon a brief recess was taken -- 2:35 2 correct 2 p.m. 3 A I'm unaware of any measured exposures 4 Q Are you aware of any exposures It's 234 Whereupon after recess -- 3:02 p.m. 234 THE VIDEOGRAPHER 3:02 p.m. We're back on correct that you assume because he was a sheet metal 5 the record worker that he was exposed is that right 6 BY MR COTTEN 7 A Right Sheet metal workers generally work 8 around a lot of asbestos insulation or at least they 9 did back in the days when asbestos was used in 10 insulation products just 7 Q In your discussions with -- let me withdraw 8 that 9 Contrary to what was written in the 1960 10 chapter on chest diseases in the book on Occupational 11 MR WATERS And just to clarify a point I 12 mean as a part of the hypothetical I provided to him 13 yesterday -- 14 MR COTTEN You asked him to assume that 15 MR WATERS Right He doesn't have any 16 personal knowledge I assume 17 THE WITNESS why don't we take a break 18 MR WATERS Yeah let's do that 19 THE VIDEOGRAPHER We're going to go off the tt Diseases that you've talked about concerning Dr. 12 Schepers isn't it true that in -- I believe it was 13 1964 that Dr. Schepers commented that he then believed 14 that asbestos may after all prove to be carcinogenic 15 only in overwhelming dosage 16 MR WATERS I'm sorry What's the citation 17 again 3282 Where is this coming from 3282 MR COTTEN It's from the 1965 New York 20 record at 2:35 p.m. 3282 annals 21 Whereupon discussion off the record 3282 A I don't think he said that he then believed Page 587 think Page 588 I that I think we should see the reference itself if 1 to give him an opportunity to look at that 2 we want to discuss what it says but I recall the 2 Q Okay And I'll work to do that and I hope 3 comment 3 to do that before I pass the witness but until I get 4 I have been questioned about this comment a 4 there the next best thing that I can do at this point 5 number of times S is to show you in -- the quote in the deposition that 6 Q All right 6 you testified in 7 A And basically it sounds like speculation on 8 his part basically saying -- kind of optimistic 9 speculation -- maybe it will turn out that only the occupational cancer 10 people that are most heavily exposed to asbestos are 11 candidates for , MR COTTEN Objection Nonresponsive Q That's your spin on what he said 7 Would that be helpful 8 MR WATERS The problem with that is we 9 don't have any way to -- I don't know that the quote 10 was verified then 11 MR COTTEN He verifies it 12 MR WATERS The precise wording 13 MR COTTEN Yes 14 A That's the way I read it But again -- I 15 mean if you've got the document in front of you - 14 MR WATERS Okay Well why don't you take 15 a look at it Doctor 16 Q Let me see if I can show you 16 Q Let me read this to you and then I'll hand 17 A Transcripts are not quite as reliable 17 it to you and you tell me whether I read this 18 because they do not have the complete context 19 MR WATERS Well let me object that if 20 you're going to ask him about a quotation from Dr. 21 Schepers that I think it would be necessary for you 18 correctly corectly hand 19 you Dr. Castleman the 1965 New 20 York annals and focus your attention please on page 21 595. And do we find a comment by Dr. Schepers at that Page 589 Page 590 1 page sir 2 ANSWER Yes 1 speculation of what might prove to be the case 2 Q You don't think it's a retreat from the 3 QUESTION And does it not say quote 3 language that you centered on in the chapter on chest Medicine 4 asbestos may after all prove to be carcinogenic only 5 in overwhelming dosage thus the high prevalence of 6 neoplasia which is -- which was reported several 7 decades ago may be a function of the severity of 8 exposure rather than an indication of high 4 disorders in the book of Modern Occupational Medicine I 5 A guess it is a kind of retreat if you try 6 compare it that way It's certainly a much more 7 optimistic statement than I think that presentations 8 at that conference proceedings justified 9 carcinogenic potency 9 But in any case that's what Schepers chose 10 I suspect that in the final analysis the 10 to say at that time 11 carcinogenesis -- carcino -- pardon me -- 11 Q All right sir Thank you 12 carcinogenesis of asbestos will be rated as of low 13 order 1972 12 Are familiar with the Barry & Newhouse 13 study in 1972 14 Other than my terrible bumbling of the word 14 A I'd have to see the document to remember 15 that I can't pronounce did I read it correctly 15 anything about it 16 A Yes believe you did but I think that 16 Q Okay 17 it's --- you know it's important that he starts out by 18 saying asbestos may after all prove to be carcinogenic 17 MR WATERS Do you recall the title of it Oh 18 never mind fair * over in Q only in overwhelming dosage 19 Q No that's enough think I don't think he's really saying that that's 20 Do you know that -- I think we've gone over this 21 his opinion so much as a kind of an optimistic 21 this Page 585 - Page 590 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-30-97 Page 591 2 You history were unaware about Lester Adams smoking 1 history is that right Z Sa A That's right 3 Q Do you know how many carcinogens have been + key identified in tobacco smoke 5 6 A A number of -- well I mean hundreds of 6 7 chemicals have been identified in tobacco smoke and a 7 number of them are different types of tar compounds 8 which if fractionated out and separated -- separately 9 analyzed for would number quite a few different 10 substances 11 I don't know what the various numbers are 12 that have been published in different studies of that 13 Q Would you agree with the proposition that 14 before the 1960s the principal concern of legislators 15 and regulators those responsible for regulating 16 exposure to asbestos in the workplace was asbestosis 17 and not lung cancer or mesothelioma 18 A There wasn't anybody regulating asbestos in 19 the workplace back then 20 Q And you're talking about in the United 21 States Page 592 A In the United States I mean there were state programs that -- like the one we had in Maryland before OSHA took over where you got a couple of old policing guys who were sitting around and supposed to be all the industries in the State of Maryland two guys and a secretary It was a -- that was typical I think of state programs that existed prior to OSHA Q With respect to regulation of asbestos in the workplace outside of the United States would you agree that before the 1960s the principle concern was asbestosis and not lung cancer or mesothelioma A I think it depends who you asked By the late 40s the British were quite concerned about cancer lung cancer especially cancers of the lung and pleura as a complication or as certainly something that was associated with asbestos exposure and the British authors emphasized their concern about that Dr. Merewether in his book in 1956 earlier in the annual report of the Chief Inspector of Factories Page published in 1949 Doig in his work published in 1949 Similar concerns were expressed by also McLaughlin in the in 1955. He was paper that we've mentioned published with the factory inspector in Great Britain pointing to the rise in lung cancer and the fact that something like 25 percent of autopsied cases of asbestosis involved cancer of the lung So I don't know that I could agree with the statement made in the kind of general way that you've made it 593 MR COTTEN All right I'll object to the nonresponsive portion of the answer Q Do you agree that it was generally the view in the 50s and 60s that if industry took care of the asbestosis problem that the lung cancer problem would then be taken care of too MR WATERS In the 50s and 60s MR COTTEN Yes A No I would not agree with that Q All right A And I have cited references to that effect Page 594 1 in 1952 and 1956 in which asbestos was explicitly 2 named as carcinogen and people indicated that the 3 guidelines developed to protect people from toxic 4 substances for other types of toxic effects cannot be 5 relied upon as safe if the substance also causes 6 cancer . 7 MR COTTEN Objection Nonresponsive " Q Would you agree that by the early 1950s in 9 the literature there was a recognition that cigarette 10 smoking was also being recognized as a potential cause 01 of lung cancer 12 A Yes apologize didn't 13 MR WATERS I apologize I just didn't 14 hear the question 15 Was that in the 1960s 16 MR COTTEN Yes sir 1950s 17 MR WATERS Okay that 18 Q Could you tell the jury what types of 19 literature and publications information was 20 published in 21 MR WATERS In the 50s MR COTTEN Yes in the 1950s Page A I don't have a thorough knowledge of the literature on cancer from cigarette smoking but as I recall Hill and Doll published an article in I think 1950 or 1952 I think that what they looked at was lung cancer rates in doctors medical doctors who smoked and didn't smoke and started to develop epidemiological evidence that smoking was associated with lung cancer risk But as I say I could be wrong about some of that because I do not have detailed familiarity with the epidemiology literature on lung cancer from cigarette smoking good Q Do you agree that opinions regarding what constitutes industrial hygiene practice have developed over time MR WATERS In the context of asbestos or 595 just generally would Q Let's put in the context of asbestos ^ say that that's true You know more -- certainly legislation has gone in that Page 596 1 direction and regulation has gone in the direction of 2 requiring more safeguards as time has gone on 3 Q Would you agree that historically air 4 testing for asbestos only occurred within asbestos 5 nines and mills in those factories where asbestos was 6 used in the industrial process 7 A No. have table in Chapter 4 of my book 8 about asbestos exposures associated with product use 9 mostly insulation products and there were many 10 studies published there 1 QI QI may have failed to preface my question 12 properly and I meant to -- let me rephrase it and see 13 if your answer is still the same 14 Would you agree that initially air testing 15 for asbestos only occurred within asbestos mines in 16 mills and those factories where asbestos was used in 17 industrial process in such 18 A Well the first testing was done in 19 circumstances If you go back to 1930 that's true 20 Q Okay And I apologize for misstating the 21 question in the beginning Evans Reporting Service Page 591 - Page 596 Barry Castleman 1-30-97 Multi Adams v DeNemours opinion Page 597 air Page 598 1 Do you have an opinion as to when air testing 1 equipment for air testing first became available 2 testing for airborne asbestos became prevalent in the 2 MR WATERS The konimeter 3 industry in general 4 A After it was legally required by OSHA is my impression And even then it didn't become as prevalent as the law said it should be 7 Q Are you familiar with the different types of 8 equipment used for air testing time 3 Q Konimeter 4 A I couldn't reference it but my recollection 5 is that the konimeter was around from sometime around 6 1915 to 1920 and that the midget impinger came along 7 in the early 30s 8 Q With respect to the konimeter was that the 9 MR WATERS Any given time or generally 10 Q Let's start with the earliest equipment 9 very large and cumbersome original air testing 10 equipment the 11 A Well earliest devices were called the (2 midget impinger and the konimeter I have some 13 familiarity with them 14 Q What was the second one you mentioned 11 A I don't think it was that large 12 Q Are you familiar with any air testing 13 equipment that preceded the two that you identified 14 A Well they had different types of sampling 15 A Konimeter m 16 Q Was that a piece ofair testing equipment 17 that preceded the midget impinger 18 A. I think it may have actually been developed 15 for other kinds of air contaminants than dusts but 16 aside from -- if you're talking about industrial dust 17 exposures I don't know of others besides those two 18 There was also something called a thermal 19 in South Africa or someplace outside the U.S. before 19 precipitator which was a more recent development than 20 the midget impinger came along 20 those two as I understand it 21 Q Do you know about when that original 21 Q Sir would you agree that before the Page 599 Page 600 1 introduction of the midget impinger that air sampling 1 MR COTTEN widespread And I know that's 2 for asbestos was not common outside the mines mills 2 very broad but -- 3 and textile plants 3 A Probably it would have been after the 4 A I'm sure that's true We're talking now 4 requirement by OSHA that air monitoring be done and 5 about the early 30s I think 5 chemical companies that employed people to work around 6 Q And would you agree that until the membrane 7 filter method was introduced that personal sampling that 6 pipe covering on a regular basis would have been 7 covered by requirement and that was I think 8 was not practicable 8 1972 9 A I don't know That may be but I don't 10 know i Q Do you know when the membrane filter became 9 But prior to that industry was on its honor 10 as far as such things as air sampling went 11 Q Who put them on their honor according to available A I think it was introduced in the 1960s 14 although there was some earlier work along those lines 15 done in Britain in the 50s That's my understanding 16 Q Do you have an opinion as to when air 17 testing for asbestos became prevalent within the 18 chemical industry 19 MR WATERS By prevalent do you mean more 20 than half of the members were doing it or -- can you 21 just -- 12 you 13 A I would say that they were on their -- what 14 I mean by that is that they were not required to do 15 this by any outside force and so it was only their 16 own motivations that would have led the companies in 17 industry to take these protective measures for their 18 employees 19 Q Would you agree that prior to the 1970s the 20 technology required for the measurement of airborne 21 asbestos fiber was not generally available Page 601 12 MR WATERS For measurement of the fibers 1 this case Page 602 2 MR COTTEN Yes 3 A I think that the sampling techniques were 4 around before that as evidenced by the ACGIH 5 proposing fiber counts in the late 1960s as the 6 exposure standard for asbestos But you know it's 7 not much before the 1970s that this sort of sampling 8 was around I would say probably the early 60s 9 This is really something to ask an 10 industrial hygienist because when you start talking 11 about the history and the fine points of the air 12 monitoring analytical equipment I'm at a bit of a 13 loss to give you the same kinds of answers that I can 14 give you about some of the other things we've talked 15 about 16 Q right sir this lawsuit 17 There were -- in Dr. interogatories 18 Castleman there have been interrogatories that have been answered by the plaintiff Mrs. Adams including . an interrogatory with respect to opinions that -- and 21 the bases for the opinions that you would offer in 2 Were you aware of that 3 A haven't looked at text of these this 4 representations butlitgation do understand that this is 5 typically done in litigation that the lawyers for both 6 sides will put forward some annotation of who they 7 intend to use as experts and what basically those 8 people will cover 9 Q One of the items in the category of experts will 10 that you're listed under says that you testify information 11 that all defendants conspired to suppress information 12 pertaining to the hazards of asbestos exposure to 13 containing products and the diseases 14 resulting therefrom 15 Are you making that -- 16 MR WATERS Does it say will or may I'm 17 sorry 18 MR COTTEN It says will Okay 19 MR WATERS assertion making that 20 Q Are you assertion that duPont 21 conspired to suppress information with respect to the Page 597 - Page 602 Evans Reporting Service Adams v DcNemours MultiTM Barry Castleman 1-30-97 of hazards of asbestos in this case Page 603 Page 604 2 A think it's more a case of inaction by I what I know at this time a 3 duPont than a case of conspiracy 2 MR COTTEN I want to do little bit of 3 maintenance now 14 Q Something that they should have done A Something that they should have done I 4 We might want to go off the video record S about that unless 6 mean you can use expressions like conspiracy of you want to stay on 6 It has to do with the 7 silence to generally characterize how come asbestos reports that he's that insulation products were used the way they were used 7 referred to in his testimony 8 of we don't have copies for as long as they were used in this country and the 9 MR WATERS The workers weren't aware of the dangers they were facing 10 of the literature reports Oh you mean some but in a more conventional sense the word perhaps conspiracy U MR COTTEN huh implies a more concerted type of action by the parties involved 12 MR WATERS That's fine So it's just a question of what you mean by the term I would say that you know if it was a conspiracy of silence you're talking about then perhaps so If it's a conspiracy in the sense of people sitting around the table and deciding to suppress or distort knowledge that's a little more strict of a standard and I wouldn't apply that to duPont based on 13 MR COTTEN Okay Why don't we go off the 14 video record 15 THE VIDEOGRAPHER We're going to go off the 16 record at 3:27 p.m. 17 Whereupon discussion off the record 18 MR WATERS Were there any of those that I 19 have that you didn't perhaps get a chance to look at 20 yesterday 21 I wasn't clear How many did you wind up left with MR COTTEN All these highlighted ones 13 Page 605 1 little bit further than that 2 We have him stating propositions that he Page 606 3 MR WATERS Just so I'm clear those are 5 studies that he referred to in his deposition presumably back in December st MR COTTEN huh except for one that he testified to today is that right 9 That's the Mills if I'm reading that right Io Minnesota Medical Journal ie THE WITNESS I testified about JAMA editorial 13 MR COTTEN That mentions Mills Okay 1-4 Then we won't -- I understand that I 15 So how do you want for us to proceed 16 MR WATERS Sounds like what you want to do is ask him of the ones that he has made reference to JS whether or not he has them in his possession W I mean I don't want to tell you how to do 20 your job 3 believes are contained in these reports as basing his 4 opinions at least in part on these matters and 5 these what he's relying upon at least 12 specific 6 documents or articles reports haven't been made 7 available 8 MR WATERS Well and to the extent he 9 doesn't have them then I don't think that's going to 10 be an issue That's why I'm saying you may want to 11 discuss with him whether or not he knows if he has any 12 of these and then we can kind of narrow the list 13 That's just my thought 14 MR COTTEN think it's a pretty good 15 suggestion 16 Q Dr. Castleman we are trying to gather all 17 of the documents articles reports that you have 18 discussed in your testimony beginning with your 19 testimony back in November of 1996 specific to this 20 case 21 MR COTTEN My problem is it kind of goes a 21 And although we have located some of these Page 607 matters on our own and we've been supplied with ~fi others by Mr. Waters there are a number that we can't 2 account for 3 And let me ask you if you have some of 4 these and if you do maybe I can obtain copies from 5 you 6 MR WATERS Let me also suggest that to the 7 extent he doesn't have copies or can't give you 8 copies feel free to ask him where you could get them 9 because he may know where they're most easily found if 10 they're hard to find It Q First one is the annual reports of the Chief 12 Inspector of Factories and Workshops governmental 13 reports from England from Great Britain that make 14 references to the effects of asbestos on the lungs 15 back in 1898 and 1899 16 A I've got that or at least the pages that 17 talk about asbestos 18 Q Do you have them with you here today 232 A No but I can find that I can get you -- 232 well before I offer to get you anything let's see 232 what else is on the list Page 608 Q All right The second one is a 1925 article published in the United States which references Cooke's 1924 article A I don't know about that I can give you the reference to it It's probably available in good medical libraries in most of the major cities of the United States It's an article by Pancoast and you Pendergrass Well you have probably the reference but I'll tell what reference number it is and what page that reference is sited on Would that help Q It may THE VIDEOGRAPHER I've got about seven minutes on this tape Do you guys prefer to roll through the seven minutes or just stop and conclude this tape MR WATERS I don't know that it matters A This is reference 20 on page 41. It's a very long article 42 pages Evans Reporting Service Page 603 - Page 608 Barry Castleman 1-30-97 MultiM Adams v DeNemours Stewart 1 Q The next one is Harold Stewart 1931 2 published in U.S. 3 A I think I have that 4 Q right sir " Page 609 Page 610 1 the ILO which he wrote with Dr. Gloyne Maybe that's 2 what you're talking about 3 Q What was the other one in 1938 4 A Something called Dust in the Lungs published The next one is Russell published in the U.S. in 1933 and in Britain in 1934 describing 7 individuals as pipe coverers or maintenance workers 8 and government hospitals 9 A have Russell I think and the 1934 10 probably refers to Ellman in the British Journal of 11 Radiology 5 in reference called Industrial Medicine Symposium 6 Number 3. This is referenced on page 408 of my book 7 Q Is that the one where you say that it 8 discusses the hazard of asbestos with regard to 9 insulation work or is that the other one 10 A Well it does that -- the one I just talked 11 about does that I don't know if the ILO one does or 12 Q Do you have Ellman's report 12 not 13 ^ I don't know Ellman also published a 14 similar statement in a 1933 report 13 Q Okay Do you have that one that 14 discusses -- 15 Do you want me to see which one I can find 16 and send you whichever one I can find 15 A I don't know 16 Q And is there a cite for it 17 Q Yes sir Merewether 1938 18 A You've got it That's the -- hold it 19 Well Merewether authored -- there are two things he 20 wrote in 1938 21 One is the occupational health supplement to 17 A The cite is next to the last one on page 18 408 of my book 982 Q right Dr. Nordmann German author 982 1938 German Industrial Hygiene and Toxicology 982 A That's an abstract I have that Page 611 Page 612 1 Q Hueper 1943 1 MR WATERS Is that the Konicide Club or is 2 A I think I have that 2 that something else 3 Q 1952 Harriet Hardy 3 A Can you tell me more 4 A I don't know if I have that That's the 4 Q I think it's just referenced as a 1935 5 reference on the bottom of page 409 in case you need 5 document developed early in the general plan of what 6 to look it up 6 the Industrial Hygiene Foundation was going to be and 7 It's in the New England Journal of Medicine 7 then says discussed that formulating air levels could 8 available in almost every local medical library in the 8 prevent personal injury suits 9 country 9 A Okay I think I know what you mean 10 Q Would that be true of the 1953 Harriet 10 Q Do you know if you have that one combination 11 Hardy paper that she authored about the asbestosis in with lung cancer A That's in a different journal That's the 11 ^ I think I do have that yes 12 Q All right sir To the extent that you have 13 those would you please make copies and provide those 14 article third to the bottom on page 395 14 to Mr. Waters so that he can get copies over to me 15 That's in a journal called the American 15 A Yes 16 Journal of Medicine That should also be pretty easy 16 Q right And out of curiosity how was it 12282 to find in the Houston Medical Library or Dallas 17 that those items escaped your attention in response to 12282 wherever you're located 18 the subpoena that asked for all of the articles 12282 Q And a 1935 document developed early in the 19 MR WATERS Let me just speak for the 20 general plan of the Industrial Hygiene Foundation 20 record 12282 discussing formulating air levels 21 I think the Doctor testified that he has Page 613 Page 614 1 never read his prior deposition and I don't know 1 BY MR COTTEN exhibit 2 about you but I certainly couldn't remember 51 2 Q Dr. Castleman let me show you the exhibit 3 articles or 51 references 3 Mr. Waters exhibit Castleman Number 3 and I want to 4 MR COTTEN They were all listed in the 4 ask you a couple of questions about that 5 subpoena S Whereupon document tendered to the 6 MR WATERS Each of these you just went 6 witness 7 through 7 A Sure 8 MR COTTEN Yes 8 Q Did you prepare that outline did 9 MR WATERS Well as you've seen it's been A I prepared this with Mr. Waters He did the 10 necessary for us to talk back and forth about some of 11 them to establish exactly what they are 10 typing 11 Q All right sir When was that -- 12 I'm not sure that we're clear on all of 12 MR WATERS very slowly I might add 13 them but in any event he will endeavor to give you 13 Q When was that prepared Mainly 14 what he has or give me what he has 14 ^ Over the last several days Mainly on 15 MR VOGLER Can we do some housekeeping Monday actually 15 handwrit en version 16 Andy could you just confirm -- well we can just go 17 off the record 16 Q Was there a handwritten version of that 17 outline prior to coming up with the typewritten 18 Whereupon discussion off the record 18 version Whereupon after recess -- 3:58 p.m. THE VIDEOGRAPHER 3:58 p.m. We're back on 21 the record 19 A No. I mean he had a computer he was 20 carrying around with him and just typed it up 21 Q right Do you mind if I have that a, Page 609 - Page 614 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-30-97 ] back Page 615 1 A No not as far as I'm aware Page 616 2 A Indicating 2 Q. Let me hand you what's marked as Castleman 3 Whereupon document tendered to counsel 3 Number 4 and ask you sir if that shows -- that 4 Q Thank you On Castleman Exhibit Number 9 5 which is a memo on duPont letterhead that discusses 6 some concerns regarding the potential for asbestos in 7 talc Is that what you understand it to be s A Yes 8 Q Docs that -- do you have any information 10 whether in that document or otherwise sir that } indicates how that product tale is received by the <2 duPont Company 3 A No. indication 4 document page document shows where it has been 5 signed whether under oath or otherwise by any of the 6 parties to that litigation It's Exhibit 14 7 Whereupon document tendered to the 8 witness 9 No this is just an excerpt -- I believe I 10 was involved in this case and that the plaintiff's 11 attorney was Thomas Crumplar 12 Q And this was a document that was prepared 13 and submitted by the plaintiff in this case is that 14 Q Is that an indication to you that at some 14 correct 15 point in time the duPont Company became aware that 16 there was asbestos in a product that they were 17 bringing to their facility specifically talc 15 A Part of it yes 16 Q Any part of it prepared by the defendant in 17 this case F A Yes 18 A No. D) Q right sir To your information Dr. 20 Castleman duPont does not manufacture or distribute 21 for sale tale in and of itself 19 Q Let me hand you Castleman Number 18 a 20 page exhibit And would you agree with me that 21 that appears to be a document that was a part of 1 this -- is it MacMurray litigation Is that the -- Page 617 1 2 yeah MacMurray litigation 2 witness Whereupon document tendered to the 3 4 witness 4 is A Right If you can get the other one it S i & looks like they may be the same document because these 6 7 two sheets are numbered 3 and 4 7 8 Q right Do these appear to go together 8 9 A Let's see Yes 9 1a Q And would you agree with me that on page 10 four that the only signature on that page is the 11 2 signature line and signature of the plaintiff's 12 13 lawyer 13 4 A That's right 14 15 Q. And that's not been verified 15 16 A Well it's based on the testimony of the 16 17 plaintiff 17 18 MR COTTEN Objection Nonresponsive 18 19 Q. It's not a verified answer to interrogatory 19 is it sir 20 In other words it's not been sworn to by 21 the lawyer or by his client Page MR WATERS well that assumes that's necessary in the State of Delaware I don't know personally MR COTTEN May be necessary in the State of Texas for this to be used and that's my point MR WATERS Okay A. really don't know what the rules are in The State of Delaware but I would assume as an officer of the court that it would be perilous for any lawyer to submit statements to a court which are untrue and not supported by evidence MR COTTEN Objection Nonresponsive A also know Mr. Crumplar to be a very experienced knowledgeable and capable attorney - MR COTTEN Objection Non -- A -- and not someone given to loose talk in legal documents MR COTTEN Objection Nonresponsive Q It's your understanding that -- it's Mr. Crumplar is that his name -- 618 l A That's right 2 Q -- that he was representing his client in a 3 lawsuit seeking money damages from the party that he 4 sued 3 A Right Q Q Yesterday or the day before in your -- it 7 would be yesterday -- in your testimony you referred ^ the June 2 1966 memo or letter from Dr. Stopps to Dr. Arthur C. Stevenson director Elastomers chemicals department Elastomers Laboratory did you It not 2 AI AI believe so with respect to the 1907 date 't3 of recognition of asbestos hazards l4 Q Could have that back please 13 Whereupon document lendered to counsel te A Indicating itv Q I'm going to come around beside you because 18 this is the only copy of this that I've got " MR WATERS He's got copy as well but 20 whatever's easiest 21 Q. Do you have a copy of this memo ! A Not here unless - Page 620 2 MR WATERS You do It's the first thing 3 the stack We put them in sequence after your 4 outline 5 THE WITNESS Let's see I'm not sure what 6 you mean 7 MR WATERS Well they were at one time in 8 chronological sequence and the first one was marked 9 1907 but I don't know what happened 10 A So it should be right here huh No this } has got 1972 documents 12 QHere QHere it is isn't it indicating Is that 13 it That's it isn't it 14 MR WATERS June 16 '72 15 MR COTTEN should be June 2 1966 16 MR WATERS Those are those documents 17 that -- let's see 18 THE WITNESS This is all mixed up 19 MR WATERS Well this stuff got out of 20 order 21 THE WITNESS why don't you bring it around Evans Reporting Service Page 615 Page 620 Barry Castleman 1-30-97 IM Multi Adams v DeNemours We together getting since 1 since it's getting late can read it 123 MR WATERS All right Here it is 1907 3 out of order 4 Q Is that a document dated June 2 1966 from ~ G. Stopps M.D. B.S. A Right 7 Q To Dr. Arthur C. Stevenson Page 621 1 disquieting about these new health problems 2 surrounding the use of asbestos 3 Is that what the fist sentence says 4 A Yes S Q And Dr. Stopps characterizes the health 6 problems as new 7 A He uses the word new in that sentence Page 622 00 A Yes second 9 Q And the paragraph of that memo or 10 letter -- and this is what you referenced about 190 -- 8 Q right Firstly the possible 9 association between cancer and asbestos naturally is a 10 matter for concern 11 1907 that asbestos fibers can cause chronic pulmonary 12 disease has been recognized since 1907 and with this 13 recognition came control measures aimed at reducing 14 the amount of dust produced during the mining of the 15 krudman mineral and its subsequent conversion into 16 finished products 17 That's what that entire sentence says isn't 18 it right 19 A That's right third 20 Q If you go down to the third paragraph does 21 it say that there are three factors which are 11 11 Secondly such evidence as there is points 12 to an incubation period which may be as long as 40 13 years 14 And thirdly there is some rather 15 fragmentary evidence that short exposures to 16 apparently small amounts of asbestos fibers may 17 produce cancer many years later 18 Next sentence At this time our knowledge 19 is insufficient to answer the question what is the 20 smallest amount of dust and the shortest exposure that 21 might produce cancer Page 623 Page 624 1 Did I read that correctly 1 recirculated through the air of the building but 2 A Yes you did 2 should be -- the dust should be collected after it has 3 Q And it goes on to say that from a practical 3 been exhausted from the breathing zone of the worker 4 point of view if the dust does not gain access to the 4 Q Do you know anything about the ventilation 5 body there will be no problem therefore dust 5 systems and exhaust systems that were in place at the read 6 respirators will protect the personnel wearing them 7 Did I that correctly 6 duPont Kinston facility during the years that Lester 7 Adams worked at that facility 8 A You did 8 MR WATERS Objection Assumes that there 9 Q The next paragraph Operations which 9 were some Assumes facts not in evidence 10 produce asbestos dust should be designed so that the 11 dust is contained and exhausted into a system that * will prevent entrainment of the asbestos fibers Did I read that correctly 14 A You did 10 MR COTTEN I'll tie it up 11 A The only -- the only thing that comes to 12 mind is this reference to bandsaw dust collection -- 13 Q right And that's all - 14 A -- in the letter from Dr. Ford in 1966 15 Q What does entrainment mean 16 A Well he's basically saying that the dust 17 should be captured when it's exhausted from the 18 breathing zone of the worker and not just blown in 19 someone else's face 20 Q Not recirculated or -- 21 A Right And not -- certainly not 15 Q That's all you're aware of 16 A Right 17 Q And if there actually were these types of -- 18 or additional ventilation systems at the Kinston 19 facility you didn't take those into consideration in 20 arriving at your opinions with respect to my client in 21 this case is that right Page 625 Page 626 -234n A That's right I'm not aware of other saws -234n that had local exhaust ventilation and dust captured i hazards of asbestos I've been handicapped by the 2 enumerable uses of the mineral so that it becomes very -234n with the high efficiency air filter 3 difficult to locate groups such as yours that are -234n In fact I'm not aware -- I'm not sure that 4 working with the material that 5 dust was captured from the bandsaw referred to by Dr. 6 Ford only it was exhausted from the saw blade 7 area 8 Q Next paragraph- -- and follow me if you S Should you know of other groups I should be 6 grateful if you would let me know of them 7 Did I read that correctly 8 A You did 9 would -- customers should be advised that there is 9 Q I believe then the next or one of the next 10 some hazard associated with working with asbestos and 10 documents that you referred to was the book on 11 that strict dust control measures must be taken If 11 Industrial Maladies in 12 personnel will unavoidably be -- unavoidably be 13 exposed to asbestos dust they should wear dust 14 respirators 12 Do you have that one in front of you sir 13 MR WATERS If you give him the date 14 reference it will help him 15 Did I read that correctly 15 THE WITNESS I know that one 16 A You did 16 Q 1934 Oxford University Press London 17 Q In some cases perhaps other fibers such as 17 A Okay 18 glass could be used in place of asbestos 18 Q On page 191 -- . it Did I read that correctly 19 THE VIDEOGRAPHER I'm not sure why it is A You did 20 but it shut itself off Give me one second 21 Q In attempting to warn people of the health 21 Whereupon pause Page 621 - Page 626 Evans Reporting Service Adams v DeNemours Page Barry Castleman 1-30-97 off 123 MR Page 627 Page 628 COTTEN Let's go off the record 1 MR WATERS I did the typing The outline 123 Whereupon discussion off the record 2 is the result of his knowledge his analysis of the 123 Whereupon after recess -- 4:17 p.m. 3 documents and the other information so I think it's 4 THE VIDEOGRAPHER We're back on the record 4 a misnomer to say it's something that he and I 5 January 30th 1997 at approximately 4:17 p.m. This is 5 prepared together 6 the beginning of tape number five 6 Q Is the document that Mr. Waters typed that 7 BY MR COTTEN 7 is marked as Exhibit -- well this one is -- 8 Q Dr. Castleman redirecting your attention to 8 MR WATERS 3 9 the copy of the book Industrial Maladies by Sir 10 Thomas Legge printed in 1934 -- published in 1934 by 11 the Oxford University Press London would you turn 9 Q -- Exhibit 3 Castleman 3 is it the result 10 of the information that you had concerning duPont Dr. IL Castleman 12 page 191 of that 12 A Yes 13 A Yes 14 Q This is a document that shows up on the 15 outline that you and Mr. Waters prepared is that 16 correct 17 A Yes it does WATERS object 18 MR mischaracterization Let me I think that's 19 a mischaracterization 20 MR COTTEN Ithought that's what he told 21 me 13 Q It's also a result of information that you 14 were provided by Mr. Waters concerning duPont is that 15 correct 16 A Right There was some additional 17 information such as the copy of this document with the 18 duPont Bates stamp and the title page or one of the interpages 19 interpages signed medical directors office January 20 21 Q right Now again redirecting you to Page 629 Page 630 1 page 191 of the book on Industrial Maladies which ] be carried on in a room in which no other work is 2 shows up on the outline about fifths of the way 2 done right 3 down the page there's a paragraph that begins with the 3 A. Yes 4+ word about 5 Do you see that 6 A Yes 7 Q That says about 2,200 persons are exposed 8 daily to inhalation of pure or almost pure asbestos 4 Q And provision of adequate exhaust and inlet 5 ventilation in accordance with arrangements to be 6 approved And then there's a parenthetical and then 7 in each case And 3 damping of floors and benches and 8 covers 9 dust 10 Is that what -- the statement there 9 What is damping of floors and benches and 10 covers 11 A Yes 12 Q And then if you'd turn to page 193 13 A Yes 14 Q And if you would drop down to the paragraph 15 that begins with the difficulty of controlling the 16 dust 17 A Yes 18 Q Now this is talking about the repairing of 19 mattresses is it not 20 A Yes 21 Q And it says that by requiring the process to 11 A I suppose they mean washing of the floors wiping 12 and wiping -- wet of the surfaces 13 Q If you now will turn in the stack of 14 documents to the excerpts from the deposition of Dr. 15 Stopps and I believe that you've got -- what you've 16 talked about is page 374 17 MR WATERS That's actually not in the 18 stack I'll go get the Stopps deposition direct 19 MR COTTEN The part I'm going to direct here 20 his attention to is relatively 21 MR WATERS Is it relatively complete i MR COTTEN Yeah Page 631 ' medical department receive Page 632 2 MR WATERS It's not a mistake Barry 3 THE WITNESS Right I'm just putting this 4 back 2 QUESTION Did you receive that journal 3 yourself 4 ANSWER NO if 5 MR WATERS Okay 5 Would you look at that and see if I read 6 Q I wanted to ask you on page 374 -- and I'll 6 that correctly 7 read this to you and you can tell me whether I read 7 Whereupon document tendered to the 8 it correctly 8 witness 9 Do you recall if during your tenure at 10 Haskell they received the Journal of Industrial 11 Hygiene which -- did 9 A Yes you in Thank Then 10 Q you sir don't in the -- I don't know 11 if this is a book or an article by Robert Eckardt 12 And then he answers yes they did It's book 12 A a Industrial 13 QUESTION Did they receive the public 14 health reports 13 Q A book in 1959 called Industrial 14 Carcinogens Do you have that in your stack there 15 ANSWER Can't remember whether they did 15 sir 16 It would have been a bit more peripheral to their main 16 A Yes . 17 concern 18 QUESTION What about the Journal of the 19 American Medical Association 17 Q If you would look on page Roman Numeral XI * Do you have that 282 A don't think I do 20 ANSWER We didn't -- I mean at Haskell 21 because that was maintained in Wilmington in the 282 MR WATERS We weren't provided the whole 282 book obviously Evans Reporting Service Page 627 - Page 632 Barry Castleman 1-30-97 Multi Adams v DeNemours Page 633 Page 634 1 Q Let me see what you've got there 1 we will see new chemical cancers and medicine must be 2 A Indicating 2 on the watch for such developments but it must 3 Whereupon document tendered to counsel 3 refrain from hastily ascribing to industry those going 4 MR COTTEN Andy what I was to go over with him was the -- there's a preface or a 4 tumors whose incidence false well within the ~ 5 expectations for the population as a whole and for preamble to the book that you apparently have not 7 seen 6 making premature conclusions based on lack of 7 appreciation of statistical method 8 MR WATERS Right 8 Attempts to rely on single trauma to explain 9 MR COTTEN And I apologize that you've not 9 cancer depend on the exercise of primitive forms of 10 seen that indicating 10 reasoning 11 MR WATERS Okay 11 Did I read that correctly 12 Q I want to read something to you from the 13 preamble of that book that makes up a part of the 14 outline 15 MR WATERS Are you going to read him the 12 MR WATERS Let me just object I think it without following 13 would be for me anyway impossible to verify how 14 correctly you read it along as you 15 read it So I'll make that objection 16 whole thing 16 A Yes I think you've read that correctly 17 MR COTTEN Just this part right here and 17 He's quoting someone else and referencing the source 18 then I'll show it to you to see if it's been read 18 Q Quoting F. W. Stewart is that right 19 correctly 19 A Right I've never heard of Stewart 20 Q It is probable that the development of 20 Eckardt as a corporate expert on carcinogens for Esso 21 chemical --- with the development of chemical industry 21 Oil Company was conservative I think in his Page 635 Page 636 1 assessments of chemical carcinogens as indicated by 1 QUESTION You reported to Joe Did you 2 that inclusion of that preface 2 tell Joe in 1960 Joe I'm convinced that asbestos is a 3 Q On page 3 of the outline there are 3 health hazard 4 references to pages from the deposition of Ken Keuper 4 ANSWER Hell yes That's what I just got $ and I believe that you indicated yesterday in your 6 testimony that Ken Keuper was with the construction 7 division of duPont 8 A I believe so yes 9 Q And I wanted to bring to your attention in 10 that -- from that same deposition and from the same 11 page -- two of the same pages that you read from yesterday and then the two following pages and I'll share this with you 5 through telling you 6 QUESTION Do you know what Joe did as a 7 result of your having given him that information ~ 8 ANSWER Nothing 9 QUESTION Absolutely nothing 10 ANSWER No not to my knowledge 11 Do you remember if you read beyond this when 12 you gave your testimony yesterday 13 A No but the record will show whether I did 14 You told us yesterday and I will ask again 14 or not 15 to make a complete record 16 Who was your immediate superior or who did 17 you work -- who did you report to in your capacity as 18 an assistant safety engineer Safety superintendent 19 I'm sorry 20 And then the answer Assistant safety 21 superintendent Joe DeLuca 15 Q Okay 16 QUESTION To your knowledge at least All 17 right Did he ever tell you Mr. Keuper or Ken leave 18 it alone 282 ANSWER No. 282 Did he ever discourage you from your 21 research 1 ANSWER No. Page 637 1 ANSWER No sir Page 638 2 QUESTION But he never promoted it 3 neither 4 ANSWER Didn't promote it He may have 5 been promoting it unbeknownst to me because finally in 6 '62 I kept pushing him on it asking him about it 7 bringing this problem up on it 8 Finally in 1962 I got word back from him 9 that said Joe came in and told me the man said go 10 ahead with it so you go on ahead suggested to me I 1 get Zonn involved in it 12 QUESTION Do you know -- 13 That question's not answered so I won't read 14 that 2 QUESTION Did you ever attempt to 3 implement any regulations or standards regarding 4 asbestos exposure between 1959 and 1963 respiratory 5 ANSWER Nothing other than the respiratory 6 protection for all dust 7 Did I read that correctly 8 A You did 9 Q Thank you sir Now in the outline there's 10 reference to Dr. Stopps Trip report 1 A Okay 12 Q And you've had a copy -- you've had access 13 to a copy of the Trip report is that right it 14 A Yes it's here somewhere I think I have it 15 QUESTION You don't know what changed his 16 mind 17 ANSWER I don't know 18 QUESTION Did anybody between 1959 and the first conversation with Dr. Zapp ever discourage you from pursuing the questions revolving around asbestos 121 exposure 15 indicating if 16 Q Let me read the second paragraph and if 17 you'd follow and let me know if I make a mistake and 18 read it incorrectly 19 From the point of view of the duPont Company 20 as a whole -- what's the date of this Trip report 21 sir Page 633 - Page 638 Evans Reporting Service Adams v DcNemours l A November 2 1964 2 Q The main interest of the meetings was in 3 drawing attention to the fact that asbestosis and 4 complications of asbestosis have now been found in 5 persons who would not in the ordinary way come to 6 as being exposed to asbestos 7 That is to say they do not work in asbestos 8 mines asbestos mills or asbestos textile factories Q Did I read that correctly 10 A Yes 11 Q Then Dr. Castleman if you'd drop down to 12 where it's -- about the fifth line from the bottom 13 with the sentence that begins with ray 14 A Whereupon nods head affirmatively 15 Q Follow me and see if I read this correctly 16 ray ranking of the degree of asbestosis 17 present in four grades ranging from zero to three 118 indicated that in those having zero to nine years of 19 exposure to asbestos 89.6 percent had no asbestosis 20 present 21 Is that what that says to that point MultiTM Page 639 ,, A Yes Barry Castleman 1-30-97 Page 640 mind 2 Q While 36 percent had grade one is that 3 correct Is that what that says 4 A That's what it says S Q And on the 94.2 percent figure it says 6 whereas with 40 or more years of exposure 94.2 percent 7 had grade two asbestosis and only 5.8 percent had g none 9 Is that correct 10 A Yes you read that correctly 11 Q And then if you would turn to the third 12 page the first paragraph Follow me and tell me if I 13 read this correctly 14 A report from Turner Brothers Asbestos 15 Company Limited -- is that Rochdale 16 A Whereupon nods head affirmatively 17 Q Rochdale England and presented by Dr. J. F. 18 Knox showed a somewhat more optimistic story when 19 suitable dust prevention regulations were introduced 20 and enforced in the asbestos industry 21 In a mortality study of workers in an Page 641 Page 642 1 asbestos factory carried out prior to the enforcement 1 A Well there were certainly different types 2 of the British asbestos industry regulations excess 2 of -- there were lots of papers presented and they 3 mortality amongst workers employed from 20 years and 3 didn't all say the same thing and they didn't -- they 4 upwards was observed Lung cancer in association with 4 weren't all perfectly consistent with each other as 5 asbestosis was responsible for a considerable 5 one would expect at a scientific conference 6 proportion of this excess 6 Q All right Now with respect to the portion _ 7 A study of the group of workers from the 7 of the outline that includes Dr. Stopps testimony 8 same factory exposed since the regulations went into 8 from page -- pages -- let me see if can find it I 9 effect shows a reduction in mortality rate without an 9 think it's referenced as 3 -- page 347 -- I'd like to 10 excess of lung cancer 10 continue beyond -- I think that the -- well let me 1h Did I read that correctly 11 put it in proper context 2 A You did 12 On page 347 the question is let me ask you 13 Q All right Does that indicate that -- 13 to turn to Exhibit 6 please That's the November 2 14 to you that in this attendance by Dr. Stopps at the 14 1964 letter from you to Dr. D'Alonzo enclosing a copy 15 conference on the biological effects of asbestos that 15 of your Trip report as a result of a meeting held in 16 there was different information from the different 16 New York 17 presenters about the significance of the according to 18 Dr. Stopps new information with regard to asbestos 19 exposure and the effect of regulation on reducing the 20 risk of lung cancer 21 MR WATERS Objection Compound question you 17 In there make a recommendation that 18 employees health should be kept track of through 19 pulmonary function testing 20 You also testified in your December 21 deposition that to your knowledge no such program was 1 ever established Page 643 Page 644 in 1 concerning Dr. Stopps -- and I think the reference in 2 Turning to the next page Doctor am I 3 correct that as far as you know that your suggestion 4 the suggestion contained within that letter regarding 5 pulmonary function testing was -- as far as you know 2 the outline is to page 367 -- well I can't find the 3 part I wanted to go into so let's go on to the next 4 one on Dr. Stopps I'm having trouble locating it S if Do you know from your preparation of Exhibit 6 no program was set up for that 6 3 if there's a reference to Dr. Stopps a deposition 7 ANSWER To the best of my knowledge that's 7 pages 429 and 430 8 true it's 8 MR WATERS Are you asking him if it's on 9 Then the next question That's what I'm the outline then 10 asking Do you know why it wasn't set up iL ANSWER No but I wouldn't 12 necessarily know whether it was set up or not 13 I mean because of the disseminated nature 14 of the organization in duPont the plant might very 15 well have instituted it and I would not necessarily 10 MR COTTEN Yes 11 A Yeah there's something on the outline about 12 that it 13 Q Yes there it is on the second page of the 14 outline 15 A Right 16 know 17 You didn't have a copy of that entire thing 18 did you 16 Q Let me read this and if you would follow 17 along and see if I read it correctly Sure 18 A prior 19 A No but I believe you've read it correctly 20 Q right sir And then with respect to 21 the citation in the outline Exhibit 3 again 19 Q Is it correct that prior to attending the 20 Academy of Sciences conference in New York it was your 21 belief that duPont insulating employees -- people who Evans Reporting Service Page 639 - Page 644 Barry Castleman 1-30-97 Multi Adams v DcNemours Page 645 1 did insulating work for the duPont Company -m were not 1 ' 2 at risk for asbestos disease 2 13 ANSWER That's not true 3 | 4 QUESTION You feel that they were at risk 4 prior * prior to this conference 5 ANSWER I felt like -- I felt that -- I 6 | 7 mean I hadn't crystallized the thought in that way at 7 00 all 8 9 " was just aware that people who worked 9 10 with asbestos were exposed to asbestos dust were at 10 HL risk 11 12 QUESTION Am I correct that you did not 12 13 perceive that insulation workers were included in that 13 14 category of people being exposed to asbestos dust in 14 15 the concentrations that led to disease prior to going 15 16 that conference 16 that you indicate was coming out about the same as the conference prior to seeing that in the literature is it correct that you had not perceived duPont insulation workers as being in a category people who were exposed to asbestos fibers in sufficient concentrations to run health risks Page time of 646 ANSWER I don't remember ever really thinking of duPont's insulation workers as a separate group I was as I say one step further back than that just thinking of exposed people QUESTION And you didn't perceive -ANSWER I hadn't identified particular groups Is that how that reads A Yes 17 ANSWER can't be sure about that because 18 information about the Selikoff studies was coming out 19 about that time and I really can't answer the 20 chronology of the thing 21 QUESTION But prior to the information 17 Q On the outline you also reference a November 18 8 1966 memo from Dr. D'Alonzo to all plant 19 physicians 20 A Yes 21 Q Do you have that in your stack Page 647 Page 648 123 have it right in front of me yes 1 In the future definite recommendations will 2 Q Okay sir On page 2 of that memo -- 2 be forthcoming concerning equipment tests and 3 A Whoops I think I've got the -- this is the 4 attachment of the Trip report but the memo is just a 3 programs 345 Did I read that correctly 5 transmittal memo 345 A You did 6 MR WATERS There's another one from '66 7 that he's referring to I believe 8 MR COTTEN That's correct 9 MR WATERS You should pick up the dates on 10 the stickies 11 A Here it is indicating . Q If you would look on page 2 the next to last paragraph 14 A Right 15 Q Tell me if I read this correctly 16 In connection with this point a pilot 17 study is underway at chambers work using equipment 18 and tests recommended by Dr. Tomashevsky a specialist 19 in pulmonary function screening tests at the Ohio 20 State University Medical Center to determine our best 21 plan of action 6 Q Does the outline Exhibit Number 3 make 7 reference to a Ken Keuper deposition concerning pages 8 420 425 426 9 A It does yes 10 Q And this is the reference in the outline 11 that talks - I'd like to draw your attention to the 12 reference in the outline that says subject of asbestos 13 hazards should be kept quiet and then it shows the 14 citation to this particular deposition testimony is 15 that right 16 A That's right 17 Q Let me read to you beginning on page 425 of 18 that deposition that's cited in the outline beginning 19 on line 9 - I'm Sorry 19 20 QUESTION Sir Keuper 32 which you have 21 talked about in detail and I am certainly -- I Page 649 Page 650 1 certainly am not going to rehash what has already been 1 ANSWER That's right com unicate 2 stated but would you agree sir that this letter of 23 QUESTION Did he want you to communicate should 3 December 14th 1966 in fact implies that the subject 4 of asbestos health hazards be kept quiet at 3 that to the Kraft superintendents 4 And there was no answer to that question 5 that time at least 5 QUESTION Were you indicating both of them 6 ANSWER -- this is Mr. Keuper -- that's a 6 when you said knowing them 7 personal opinion of that individual writing the 67 ANSWER No. 8 letter 8 Which one were you talking about 9 QUESTION Yes I know sir I am not 10 meaning to suggest that that was your opinion 9 ANSWER W. S. Briggs PO project manager 10 QUESTION Why would you attribute that 11 That is a letter that is addressed to you } motive to Mr. Briggs 12 is that correct 12 ANSWER That's his personality 13 ANSWER That's correct 13 QUESTION Again I'm sorry What was his 14 QUESTION Sir as the recipient of that 14 title 15 letter did you interpret that as the author's 16 intention that being -- that being that you should 15 ANSWER PO project manager 16 QUESTION Was he in a position of 17 keep the subject of asbestos quiet among the workers 17 authority over you 18 ANSWER Knowing that individual that's 18 ANSWER NO ~ his attitude that's him 19 QUESTION Was he on an equal level with QUESTION That is what you interpreted him 20 you 21 to mean by that letter he wrote to you 21 ANSWER NO he was below Page 645 - Page 650 Evans Reporting Service Adams v DcNemours MultiIM Barry Castleman 1-30-97 i And then on page 428 Page 651 1 2 QUESTION Sir during that 1963 to 1966 2 3 time frame do you have a recollection of receiving 3 + any other communications whether it was verbal or 4 anyone 5 written from else in the company suggesting 5 6 that you should keep silent about the asbestos 6 7 subject 7 B ANSWER No sir 8 9 QUESTION It was only Mr. Briggs 9 10 ANSWER That's right 10 1 Page 429 11 12 QUESTION What did you interpret 12 13 discreetly and quietly to mean 13 14 ANSWER He was advising Kraft 14 Page 652 little portion because it seemed to be fragmentary and didn't seem to be a complete question and answer sequence MR COTTEN The only thing I jumped over was the lawyer's discussion MR WATERS Well it may have been fragmentary by design I don't know Q And did I read that correctly A Yes you did Q And Dr. Castleman again on the outline Exhibit Number 3 with respect to Dr. Stopps again concerning the entry under 1970 there is a reference to the Stopps depo page 215 is that right A Yes 15 superintendents of the exposure of his people and what 16 the hazards were involved 15 Q And if you will follow me starting on page 16 214 17 MR WATERS Let me just -- are you 18 finished with that part 17 Doctor do you recall getting a copy of 18 this 19 MR COTTEN Just about Just a minute 20 Let me see Yes 21 MR WATERS Let me just object to that last 287 ANSWER No I don't recall 287 QUESTION The second and third pages of 21 this exhibit purport to summarize what occurred at the Page 653 1 conference and I want to direct your attention to the i Page 654 Which at this time would have included what 2 heading guidelines are in the second full paragraph 2 in your estimation 3 Guidelines are inform employees working 3 ANSWER The health effects of asbestos 4 with asbestos insulation of the related health 750 QUESTION Yes 5 problems This should be handled without unduly 750 ANSWER The fact that it could cause 6 alarming people 3 QUESTION Do you recall whether in fact 8 that this was a guideline discussed at the May 5th and 9 6th conference 10 ANSWER Only in the generality that there 6 fibrosis of the lungs that it could cause at least 7 two different types of cancer and other less important that 8 changes in the respiratory system 9 Did I read correctly 10 A Yes 11 was a general agreement that of course the employees 12 should be informed of the hazards 13 This last part I can't speak to as being a 14 guideline that was sort of agreed to by everybody 15 QUESTION But the first sentence of that 16 guideline -- 17 ANSWER The thrust of it is correct [ Q With respect to the citation to Dr. Karrh 12 referring to the Karrh deposition of November 18 1983 13 on Exhibit 3 - 14 A Yes 15 Q -- I'd like to read a question and answer that 16 from the same deposition 17 exhibit you cite there in your 18 QUESTION It was agreed at the conference 19 that employees who were working with asbestos should 20 be informed as to the related health problems oa ANSWER Yes 18 QUESTION Okay Doctor was one of the 19 purposes of your discussion at the Repauno plant to 20 enlighten the workers as to the health hazards 21 associated with asbestos exposure 12 MR WATERS Let me just object that I think 12 it's out of context without some reference to the Page 655 \ 2 Did I read that correctly A Yes Page 656 3 date 4 Maybe it's going to come up I don't know 5 MR COTTEN I apologize Let's see if 6 there is a reference to date You're talking about -- 7 not talking about the date of the deposition but 8 you're talking about the -- 9 MR WATERS No. No. 3 Q The last entry on your outline on the third 3 4 page of Exhibit has to do with testimony from Dr. 5 Karrh's deposition of March 13th 1987 referring to 6 Dr. Neeld is that right 7 A Right in 8 Q And what you say in the outline is Dr. Neeld 9 asks outside doctor to delete word asbestos from 10 MR COTTEN 1 think this talks about -- 11 they're talking about an exhibit a letter dated March 12 1973. All right 13 MR WATERS Okay 14 Q Again reading the question Doctor was 15 one of the purposes of your discussion at the Repauno 16 plant to enlighten the workers as to health hazards 17 associated with asbestos exposure 18 ANSWER That was the primary purpose for 19 the discussion was to enlighten the workers as to the 20 potential health hazards and what they could do to 21 prevent or minimize those potential hazards 10 ray report 11 A Right exhibited 12 Q That's what you've exhibited on your 13 exhibiits that right Right 14 A for follow with 15 Q I'd like for you to follow along with me on 16 - beginning on page 167 of that same deposition 17 And the questioins you also indicate that 18 Dr. Allen's reports earlier contained a stronger asbestos 19 association with earlier 20 What was it that the earlier reports from 21 Dr. Allen said and why was it that you changed it or Evans Reporting Service Page 651 - Page 656 TM Adams v DcNemours Multi Barry Castleman 1-30-97 Page 657 Page 658 in j recommended a change in it 1 specific on an ray and it was appropriate to look his specifically ANSWER I don't recall specifically what 2 at the exposure history before a definite ray 3 his report said but the implication of his report was 3 diagnosis was made the of worked out a 4 that anytime someone had pleural thickening or a in the ray that this was without even 4 Then between two us we 5 the language that you see on the stamp I suggested and Dr. Allen and his associates agreed change investigating the workplace exposure that it was 6 the language 7 indicative of an asbestos related change because we 7 with it He wanted to put in the report 8 had asked Dr. Allen specifically to look for 8 particularly 9 asbestos changes He had taken our request 9 that there was a potential that the changes that were 10 being seen could be caused by asbestos because we 10 quite seriously he saw a change on ray he would 11 wanted the plant's physicians to know that they had to 11 Anytime related 12 go back and evaluate the employee's work record and 12 put down it was asbestos 13 " talked with him and asked him unless he to not 13 exposure record to be in a position to determine " 14 whether or not the changes could be due to asbestos 14 was sure that it was an asbestos change Did I read that correctly 15 put it down that it definitely was until we had had a 15 MR WATERS Let me just raise an objection definitely 16 chance to go over the work history and make sure that 16 because I think what you've done is you've read a 17 the person had had a potential for exposure to 18 asbestos unless he was absolutely sure that nothing 17 18 portion of the deposition that is totally unrelated to the portions of the deposition he's referring to in 19 clse could have caused it other than asbestos 19 20 his outline 20 exposure 21 He agreed that he could not be that 21 He's referring to testimony from Dr. Karrh a, 1 discussing what Dr. Neeld did and what you just 2 read -- maybe I missed it but I didn't hear any 3 reference to Dr. Neeld 4 It's possible I missed it though because 5 it's been a long day 6 MR COTTEN Let me see if I can -- let me 7 see if I can clear that up 8 MR WATERS If you want to do that then 9 I'll look and see if I can give you a specific page Page 659 Page 660 1 due to asbestos Dr. Neeld was concerned that putting 2 the word asbestos in there could raise a concern among 3 employees and he was asking Dr. Allen to consider 4 deleting that word asbestos out of the report that he 5 prepared on the ray reports 6 MR WATERS That's the reference 7 MR COTTEN So you see you put that in 8 context with what I read earlier about why there was a 9 discussion with Dr. Allen about this question to begin 10 with 10 reference 11 MR COTTEN Right There's not one on the outline MR WATERS I understand I may have one 14 Q And this is the explanation behind that 15 On page 164 -- and please see that I read it 16 correctly 17 QUESTION Do you know why Dr. Neeld sent 18 this letter to or in care of B. A. Brown 19 ANSWER Dr. Neeld had a concern because 22 Dr. Allen's report on the chest rays where he saw 22 some abnormality that could be suggestive of changes 11 That's why I was reading those portions 12 MR WATERS Well except I mean -- 13 MR COTTEN It all ties together 14 MR WATERS The only problem I have with 15 that is if you read all the way through page 170 16 you'll see that Karrh says that the reason that was 17 done was so -- was that he could tell the patient 18 himself which is of course a different color but 19 with that editorial comment I'll leave it alone 20 That's neither here nor there I guess for the time 21 being L , Page 661 1 MR COTTEN I don't mind putting that I 2 portion on think I know where you're talking 3 about On page 170 he says so that's why I wanted it 4 on the report 5 Dr. Neeld preferred it not on the report 6 because he wanted to be the one to tell the employec record 7 or patient himself and not have a report do it 8 Is that what you're referring to 9 MR WATERS off the I am curious how 10 he came up with that rationale but -- Il Q And just very quickly do you make 12 reference to an April 5 1968 memo from Ken Keuper 13 A Yes 14 Q On the letterhead of the engineering 15 department for duPont 16 A Yes Davis 17 Q Do you sec on the first page of that memo 18 that it shows that the memo went to R. H. at Kinston . A I'm sorry Can you just hand it to me 24 Q Yes sir See right here indicating Page 662 123 Whereupon document tendered to the 2 witness 3 A Right 4 Q Dr. Castleman the next to last entry on 5 your outline Exhibit 3 there is a -- you state in 6 the outline duPont safety engineering standard 7 confirms asbestosis and lung cancer have long been 8 associated with exposure to asbestos 9 Dr. Castleman are you attempting to imply 10 that because that statement is contained in the safety 11 engineering standard that was issued in April of 1973 12 that that indicates that duPont is saying that they 13 knew that asbestosis and lung cancer have long been 14 associated with exposure to asbestos 15 MR WATERS Well let me just object that I 16 think the document speaks for itself 17 I mean the quote says what it says I 18 don't think he's attempting to imply anything 19 MR COTTEN I'm just asking him 20 MR WATERS Well then I think the question if 21 is argumentative as stated Maybe you can ask him if a. Page 657 - Page 662 Evans Reporting Service Multi-Page Barry Castleman, 1-30-97 Page 664 Adams Adams DcNemours Page Multi way That be more i be he interprets interprets it . 2 appropriate interpret interpret that 3 Q Do Q you interpret that way ? look at MR. MR WATERS WATERS 4 indicating 5 iw It's Q just under general ^3' QA A RighttWhela l utndedruPgoennetralktnweow wwaayys syindico ating u can s interpret interpret interpret published about the hazards were 9 asbestos asbestos asbestos they sometime after published duPont ro 110 about them ii disclosed 12 13 All All right sir Thank respect the engineering standard Now with respect familiar with engineering 13 standard standard S4T are you 14 MR WATERS In particulars 15 MR you made yourself familiar your t1o7 1817cotlhleicstiJounssttandard hsatanvdaerd that that it part of i1s9 coll20ecntoiotn I've looked through b throy ugh bmutadyeou famkinloiwar familiar 453 21 the standard standard you mean application and so 21 the the standard standard as application Page Page you familiar that BarrBayrryBBaarrrry yas Castleman 1-30-97 Are the familiar 6 3 standards 2 Q you standard published incorporates incorporates incorporates Register the requirements requirements 3 the Register ? requirements of OSHA Obviously Obviously had legal believe believe saw ye197s 3 undOebvriousOly SHA they they obligations had legay l oblo igations u know whether whether any these measures Soaen wh 8 eansginereeqruiirnedg requierngeindeerinsgtaandar rd se tandard go over over and above those those _ 10 can required required OShHAave and I'll see what fresh I do about eoswNe 12 Q You independent independent independent of taking er look You don't know A Well I've question question mind lo ~ well, it certainly eBAU A All right mind in the OSHA 18 A That does seem well certainly contains texts that doesn't doesn't certainly OSHA would 9 but talks about handling 2201 sinstulaatinondiansruldatison and asbestos cutting handling operations asbestos the Page 665 whether 1 2 appears to be stuff 2 would have been this reqsutianrdeardd explicitly explicitly 3 implicitly implicitly implicitly OSHA 4 Q Do you know engineering duPont had engineering 5 Q standard standard published engineering standard standard of duPont 6 Company Company place prior prior S4T Standard + A You mean prior pprrioir oOrSOHSAHOASHA prior prior 1972 . 8 A. Q Yes touched 9 Q A don't produced produced All right sir Dr. Castleman 10 produced produced us today documents that we were that 1 1 asked you to back look for and 2 in subpoena subpoena that was served served 13 touched touched upon upon bring documents documents on you 13 and morning were kind enough documents for us is 16 this morning morning those to bring 116 18 Do think think that's what's what's a . MRMCR OTWTATEERNS : Okay that's what's in her 18 yo 21 MB. would lliikkeeto do is arrange with the 4 Q What t would Pag 1 that when and finish deposition deposition 2 won't be any question it was document document he to us question mean that he + provided provided think it's -- mean won't MR WATERS WATERS 4 wrong 3 , but either being abundantly abundantly clear from from 6 every document either what concerned him to him -- I don't stuff concerned kind of him. about just extraneous extraneous about about kind there's signifcance there's ther's going to anything anything gtrheeat exhibits of 12 significance significance significance there and I burden and that the going attached are marked exhibits exhibits inch going be 1145 materials an extra you knowknknooww inch or two to be 16 materials It's certainly certainly exhibits for her two ot 17 make certainly certainly fine for ya'll ins 19 20 21 iy Hy D4 an them there's don't want copy and Iddo on'tnd'on'tt I mean to If need some reason get them up or -- something something need them prove prove something you can that down oF need them to prove them Up road. somethiifnyg,ouyou can do that down the mean mean Page to have these documents copied Page the Court Reporter these Court Reporter have these deposition originals originals can be a part of this A Fine Fine thtahatt tthheeyycan be part this marked as a plaintiff's deposition 1 think that we marked MR BEVEL think we should should documents. identify BEVEL BEVEL BEVEL two two sets of documents documents The believe there's of the doctor's trial testimony document document trial trial I testimony adndocucolmlaboeratinon tcollsaboratiornemaicndeor lrleabmoariatnidoen r documents documents to the believe are response response the question requesting produced corespondence to from from the be attorneys correspondence correspondence they need be be the separately marked And think think record all the mine And then then for the sticky notes before get them need take obviously need back be made made a part ] WATERS WATEmeanRmSeathney ya'll need be made part them the record record -~ don't mind we -- there to be be BEVEL BEVEL don't want 666 668 668 to make sure that Page BEVEL BEVEL just need need that make make there's going to be tdhisepurtee'sdisputenW ot egoing be make make a dispute arrangements from him going disputethewmeVOgGotLtEhRem think think would would easier easier easier deposition cannot attached attached deposition deposition useful have more more convenient useful canot think of desire not have a have a of things even even recognizing recognizing I can't think big good alternative BEVEL think of good good alternative Andy when you order order Number deposition say then Number whatever 1600. All excluding Exhibit that then then then. want those 1600. exhibits right Let's { MR COTTEN want originals returned the originals returned Castleman after the THE THE VIDEOGRAPHER VIDEOGRAPHER you -- go the the off the moment VIDEOGRAPHER want want MR VOGLER VOGLER Yes WATERS Yes Yes. VIDEOGRAPHER VIDEOGRAPHER We're VIDEOGRAPHER going go the the off the [Hi _ 663 Page 668 668 668 [vans Reporting Service ame Barry Castleman 1-30-97 MultiM Adams v DcNemours Page 669 Page 670 record 5:07 1 at p.m. discusion 2 Whereupon discussion off the record 3 Whereupon a brief recess was taken -- 5:06 4 p.m. , Whereupon after recess -- 5:08 p.m. THE VIDEOGRAPHER 5:09 p.m. We're back on I A I think the physician would need more 2 information than just the fact that the person worked 3 at facility where asbestos material was present 4 Q What types of information would the 5 physician need to know 6 MR WATERS In order to establish a 7 the record 7 specific probability as in a number 8 BY MR COTTEN 8 MR COTTEN To make a determination as to 9 Q Dr. Castleman -- and I'm just going to ask 10 you about your understanding from a medical and 9 what risk that person was running by being in that 10 facility in which there were asbestos insulation 11 scientific viewpoint and not asking you to call upon 12 any expertise outside of just your general 13 understanding about this 14 But is it -- was it medically feasible to 15 your understanding in the 1950s for physicians to make 16 a determination that if a person was employed in a 17 facility in which there was asbestos insulation 18 products what the probability would be that that health 19 would down the line sometime be - develop 20 health problem associated with exposure to 21 asbestos 11 products 12 A Basically the doctor would want to know how 13 much dust the person was exposed to in the course of 14 his work 15 Q Over what period of time 16 A Over what period of time and you know what 17 sorts of peak exposures occurred how long were they 18 what sort of more continuous exposures occurred how 19 long were they 20 Q In the 1950s armed with that information and 21 let's say at the beginning of this individual's Page 671 Page 672 1 employment forecasting what types of activities he 2 would be involved in do you have any understanding 3 about how accurate a physician could predict that a 4 person was going to develop an asbestos health 5 problem 6 A I think it would have been difficult to make 7 very accurate predictions from what was known in the 8 1950s although I think that you know you could 1 after starting to do insulation work had developed 2 asbestosis 3 There were five percent that didn't but 4 there's no way of knowing in the beginning -- S Q And in order to -- 6 A --- whether you're going to be the one out of 7 the 20 that doesn't get asbestos assuming you don't 8 die of an asbestos disease or something else 9 certainly anticipate a definite risk and especially 10 for groups which had been repeatedly reported as 11 having developed asbestos disease in the literature ; Q Could the physician in the 1950s with all 9 first 10 Q And Dr. Sclikoff didn't know what the 11 percentages were going to be until these people had -_ 12 reached the time where they'd had 40 years of of the information that he would need about the 13 exposure 14 employee and the exposures be certain as to what 15 would happen to that employee 16 A You can never be certain about an 14 This was an after determination is 15 that right 16 A Well that's the only way you can determine 17 individual You know you can have -- well you just 18 can't be certain about an individual 17 these things the first time around And Selikoff was 18 doing quantitative evaluations of these risks at 19 There's variability in human response to 19 different decades of exposure 20 given provocations and as Selikoff reported 94 21 percent of the workers who were still living 40 years 20 There had been earlier work published 21 showing high risk of asbestosis among people with 20 Page 673 Page 674 1 years or more in the insulation trade 2 MR COTTEN All right sir Thank you 3 I'll pass the witness 4 MR WATERS well I know you have some 5 questions you want to ask about because we just talked 6 about that Maybe the thing to do is go ahead and do 7 that and get that behind us 8 MR BEVEL Just the questions regarding -- 9 MR WATERS The documents 1 that regularly represent plaintiffs in asbestos 2 litigation such as Baron & Budd from Dallas Texas 3 Ness Motley from South Carolina Leonard Jacques 4 There's a number of law firms that I don't S sec any correspondence at all there over a period of 6 two or three years up until the present date and I 7 was wondering if your organization system in your 8 office might have additional documents responsive to the request the subpoena duces tecum 10 MR BEVEL -- the documents 10 A Well first of all I don't think -- the 11 MR WATERS Yeah 11 answer is yes 12 THE VIDEOGRAPHER Microphone please 13 MR BEVEL I can do that It's just a few 14 questions 15 EXAMINATION 12 The reason I don't have correspondence from 13 Motley's office is because I had almost no contact 14 with him over the past five or ten years 15 Q How about with Baron & Budd 16 BY MR BEVEL 17 Q Dr. Castleman with regard to the 18 correspondence documents that you brought for us today I've had a chance to look through those during the course of the deposition today and I noticed that 121 there's no documents in there from major law firms 16 A Baron & Budd the only things I get from 17 Baron & Budd are copies of corporate documents and 18 exhibits with transmittal letters if 19 I throw the transmittal letters out and if 20 the documents are worth keeping I keep them and filc 21 them with the appropriate places of the companies that a Page 669 - Page 674 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-30-97 1 they address Page 675 Page 676 1 boxes of documents had something of interest to me I 2 Q And then there are some cases -- for 2 kept it and filed it someplace under Turner & Newall 3 instance you mentioned in the direct examination on 3 but the transmittal letters or whatever letters I 4 the very first day of this deposition working on a got 4 from Chase had no value to me at all and I would just $ case for Chase Manhattan and I notice that there was S throw them out 6 no correspondence to and from the attorney 7 representing Chase Manhattan who presumably- presumably- affirmatively 8 A Whereupon nods head 9 Q -+ retained you and retained your services 10 as an expert witness in that case and I was wondering 11 if perhaps in your office under a separate 12 organizational system there may be a quote Chase 13 Manhattan file that might have correspondence to and 14 from that Chase Manhattan attorney $ A No there isn't I just haven't -- I 16 haven't any purpose in keeping a correspondence file 17 for Chase Manhattan Chase Manhattan was involved in 6 Q And then finally I notice that in those 7 documents primarily they're documents from attorneys 8 or from different organizations to you 9 Lots of times there's references to 10 documents or correspondence that you have sent to 11 them but there is no --- inside the file there isn't 12 the referenced documents 13 So sometimes there's documents or copies of 14 documents that are correspondence that you generated 15 but it seems very sparse And my question is if you 16 write a letter to an attorney do you not keep a copy 17 of that letter 18 a case involving the Turner & Newall Company 19 To the extent that stuff in the boxes of 18 A Very often I don't Very often they're 19 handwritten notes 20 documents that Chase Manhattan sent me along with 21 their letters of transmittal to the extent that those 20 Again what I send the lawyers is -- 21 whatever I send them of value is probably what goes Page 677 Page 678 1 with the letter not the letter itself but I don't I asbestos litigation correspondence file 2 have any purpose in keeping these letters unless I 2 Q Okay Do you have any other types of 3 do 3 correspondence files in that -- with a different If I keep them I keep them otherwise I just 4 header other than asbestos litigation correspondence 5 send them a handwritten note or I might type them a S files I 6 note and send them that and keep a copy 7 Unless I have some purpose in keeping it I 8 don't want to crowd myself out of my home with a bunch purpose 9 of documents that I have no to keep 10 Q Let me ask you this When we asked 11 yesterday for you to bring documents responsive to the 12 subpoena duces tecum regarding correspondence to and 13 from unions or asbestos organizations or attorneys 14 representing parties in asbestos litigation and you 15 went home last night was there a file cabinet that a 16 you opened and file that was a reading file or was 17 this an effort just to merely pick up what you could 18 find laying around the office 19 Where did you collect the documents that you 20 handed to us today 6 A Well I have general correspondence I have 7 correspondence on other subjects that have nothing to 8 do with the asbestos litigation yes but they really 9 are totally separate activities 10 Q Do you have correspondence to and from your 11 book publisher -- 12 A Well -- . 13 Qregarding Qregarding Qregarding your book that says Asbestos 14 A Right I have some documents that I have 15 from the publisher yes I mean these are basically 16 you know royalty payments and other kinds of letters 17 that accompanied those things file 18 Q Do you have a correspondence file that's 19 specifically to and from unions 20 A No. 21 A It's a correspondence file It's an file 21 Q Do you have a correspondence file to and I from the White Lung Association 2 A No. Page 679 l Q. Do you keep files related to other experts 2 in asbestos litigation -- Page 680 3 Q Do you have correspondence files relating to 3 A No. from 4 your activities in other continents regarding 4 Q -- correspondence to and from other experts 5 asbestos not litigation per se but asbestos 5 A No. 6 A Yes I mean I have files on international 7 activities having to do with asbestos 8 MR WATERS I think we talked about that in 9 the context of the NGOs yesterday 10 MR BEVEL I missed it 11 MR WATERS He was asked about materials 6 Q So you wouldn't have a file on David 7 Egilman correspondence to and from David Egilman 8 A No. I do understand David Egilman publishes 9 everything he has on the Internet 10 Q My next question is do you have an mail 11 address 12 pertaining to his work with nongovernmental 12 A Yes 13 organizations 14 Do you remember that yesterday 15 MR BEVEL I don't 16 A I mean I do have other types of 17 correspondence that's got nothing to do with asbestos 18 litigation 19 It's scattered around in various type 20 files It has nothing to do with my opinions has 21 nothing to do with these cases ; 13 Q Okay 14 MR WATERS But you can't have it 15 Q Yeah In your computer at home do you have 16 a -- do you mail to and from attorneys regarding 17 asbestos litigation think will 18 A Not so far and I don't think I will I'd 19 rather keep you guys out of that I'd like to have 20 some privacy somewhere in my life 21 Q And do you mail to and from David Evans Reporting Service Page 675 - Page 680 Barry Castleman 1-30-97 1 Egilman 2 Have you ever received mail from David 3 Egilman regarding asbestos litigation 4 A No his stuff generally comes by Fax I - don't think I even have his mail address Q I didn't notice in the correspondence that 7 you gave us any faxes from David Egilman 7890121 A No they're corporate documents They might 9 be the W.R. Grace file or they might be just 7890121 thrown out I don't know I get all kinds of things 7890121 from Egilman 7890121 Q Have you ever availed yourself of his web 7890121 site 14 Have you ever gone and looked at his web 15 site 16 A Not yet 17 Q Do you have a corporate file that relates to 18 the Sarah Lee Corporation 19 A No. 20 Q. Do you have a corporate file that relates to 21 the Haines Netware Corporation TM Multi Page 681 1 A No. Adams v DcNemours Page 682 2 Q Or any of the Haines manufacturing 3 facilities 4 A No I have no documents for any of those 5 entities relating to asbestos hazards or industrial 6 hazards 7 MR BEVEL I mean that's the substance of I 8 the questions I have just regarding the production 9 but have obviously a day's worth of questions 10 regarding the case 11 MR WATERS Okay Well I think it's time 12 to take a recess 13 THE VIDEOGRAPHER This deposition is 14 concluded and not over 15 We're going off the record at 5:44 p.m. 16 January 30th 1997 17 Thereupon at 5:44 p.m. the videotaped 18 deposition was adjourned 19 20 21 Page 683 1 State of Maryland 2 City of Baltimore 3 I Sharon D. Livingston a Notary Public of 4 the State of Maryland City of Baltimore do hereby 5 certify that the named witness personally 6 appeared before me at the time and place herein set 7 out and after having been first duly sworn by me 8 according to law was examined by counsel 9 I further certify that the examination was 10 recorded stenographically by me and this transcript is 11 a true record of the proceedings . I further certify that I am not of counsel to any of the parties nor an employce of counsel nor 14 related to any of the parties nor in any way 15 interested in the outcome of the action 16 As witness my hand and seal this 11th day of 17 February 1997 58952 58952 Sharon D. Livingston 20 My Commission Expires 10-28-98 21 1 INDEX 2 Deposition of Barry Ira Castleman Sc.D. 3 January 30 1997 4 S 6 EXAMINATION BY 7 Mr. Cotten 8 Mr. Bevel PAGE 448 673 9 10 11 Castleman DESCRIPTION PAGE 12 2 DuPont Advertisects of 13 DuPont 3 CompilatCasitloemnan 14 depositions 15 4 DuPont 16 Various correspondence and handwritten notes 543 543 543 17 18 19 20 21 Page 684 me Page 681 - Page 684 Evans Reporting Service Adams v Nemours 100,000 300 1548 1548 851 547 30s 2 598 40s 4 477 478 592 553 599 477 16th 447 172 627 17012702 660 1717 447 18 616 1829 4980 627 661 654 607 IM Multi 611 | 19]555 93 1956 592 3 1959 632 | 638 | 1960 492 594 637 492 619 620 639 642 2,200 647 684 2,200 5 641 571 672 100,000 captioned 621 647 428 429 651 644 651 629 608 672 430 644 44 2 682 44 4400 447 448 684 682 447 477 528 594 478 593 599 523 593 '60 492 60s 9 456 477 478 527 5913 4 601 477 523 59: 3 162121612121 492 637 '64 562 660 '67 ] 647 509 '69 70s 70s 479 555 581 456 456 530 583 460 460 530 '71 480 +72 620 173121 479 479 '72 4 '771 80s 1 479 553 555 '95] '96 552 552 00 2 012 012 024 586 452 452 495 521 586 452 452 495 521 061 07 669 080181 109 1 2 104 452 669 452 669 669 538 538 452 452 452 452 538 538 452 10-28-98 11 15 495 495 495 521 683 44995 5 520 11t1h 683 28 505 521 536 521 538 19 479 19 488 506 648 190 621 1906 1 1 448833 : 533 1907 483 484 621 621 620 191 626 627 19102-1870 19102-1870 19102-1870 1915598 1915598 1915598 1915598 1920 1 5 59988 1921 1 502 15 1924 469 : : 482 1924 469 1925 1 608 1927 485 | 487 487 1932 488 8 490 486 488 489 192nd 193 ay 629 488 488 7 1930490 490 || 577 596 1930s :) 477 514 523 | 1931609 19311609 19311609 19311609 19311609 2 193603 9.6 1953604 9.6 626 627.10 446 489 489 575 51414 523 609 609 627 1935 13 498 501 503 505 | 521 611 544 612 496 502 505 545 628 1938 521 609 610 609 610 1940s pl 1943 611 1934 576 9 520 580 636 1960s 8 1960s 492 528 592 594 601 2 1962 580 1963 527 | 2 651 196 4449 | 5 586 639 1926 5856 1966 17 505 506 516 561 561 557 569 569 619 620 624 646 | 651 19264973 | 1968 1969 | 1971 532 1970 477 9 518 | 480 520 16 51912: 1970s 16 518 526 526 532 533 | 533 579 534 600 1971 479 9 1972 476 580 583 | 590 | 665 600 1973 5476 1974 662 664 1974 479 555 1975 [ 555 1976 12 480 480 1977 2 554 1980s 11 192841 81 460 591 599 637 638 546 642 588 483 508 560 570 621 649 506 661 581 1 468 20th 565 1 21202 21234 567 446 446 214 652 215 1 65213 24 552 5316 9 538 2 : 5 581 | 669 5.8 55..88 51 613 669 682 640 576 543 3 684 684 521 661 669 682 613 684 25 446 1 : 256-8410 2 27 467 year] 27001444477 27th 1 469 28 2 538 28th 551 29 655 23 483 446 604 571 538 586 550 446 56 2 446 58 613 19 595 588 5th1 653 : 6 642 60th 1 446 673 1 684 6th 653 75201 2 447 448 613 447 477 519 581 464 518 518 533 545 601 583 476 583 620 655 664 479 553 553 554 555 481 586 | 617 628 | 642 | 648 302 656 302 613 628 630 643 652 662 446 610 628 75208 1 761 575 447 635 644 654 76102-41217 41 47 646 1 684 80 800 505 446 30th4 44448 8 521 4 627 682 32 490 648 33 484 484 33 486 yea [ r 482 347 2 35 3 35 586 642 545 : 642 58: 5 361 361 664400 367Ly 644 : 37412 630 395 611 8 596 543 616 631 581 617 1 882-0208 89.6 639 8th 2 567 : [ 536 446 544 648 90 [ 556 9411 94.2 94.2 2 555 671 640 : 95 555 1 95-08910 9th 562 a.m 12 | 452 452 446 452 495 446 55668 8 448 615 556 640 446 448 452 495 1341 505 482 605 505 ] 13th 656 14p 616 144sy 580.13 14th 649.3 1511 563 495 495 16 620 668 16204407 668 164 1659 1659 167651676656 167656 1948194181513 51941815313 1949 593 1950 11595 1950s 458 458 460: 519 594 595 669 671 671 1951 1 513 1952 15573 1952 595 1953 33 57133 1987656 1987656 1987656 | [ 593 198 5497 1995 1 552 458 460 : 594 670 | 1996 540 550 552 552 567 606.19 606.19 567 573 611 582 ] 1997 448 551 |2 682 4 521 555 683 13 543 544 585 540 552 15 568 446 549 627 684 543 586 H 40 671 400 408 2 409 4101 410 42 420 425 2 426 1 508 622 672 447 610 : 611 608 446 608 648 648 648 640 610 648 521 547 abatement ABEX 2 21 547 509: 512 abl4e able 473 498 537 481 abnormal1 533 abnormality 1 659 above 1 664 captioned 1 446 Evans Reporting Service Index Page 1 absence - arrangements absence 1 absent 1 absolutely 2 657 2 stract 10:21 466 574 636 467 571 additiona6l 503 537 561 628 674 624 aditionaly a5d7 di4tionall1y ] abundantly 667 address 471 Multi agree 37 477 477 477 478 551 579 ambien1t 500 504 505 : 516 564 ambiguous [ : 568 6 America1 568 578 | 581 576 579 582 577 American 580 |American 583 488 490 488 490 Adams v DcNemours 582 659 674 473 517 508 488 489 500 answered 637 601 answers 537 anticpate 601 631 anticipate 671 1 anticipated 492 1 acceptable 580: access 496 623: 638 accompanieacdompanied 1 678 accordanc1e 630 accordi1ng0 458 491 492 497 505 539 540 600 641 account 1 683 607 accumulating accumulating 1 517 accurate 4 494 671 479 671 addresse3d 473 519 649 addressing 471 ] [ adenocarcinoma 527 adequate 1 630 adjourned adjourned 682 adjourned Admi:nistration 1 adopted 580 adverse 1 582 advertised 1 539 advertisement 10 53: 9 53: 9 54: 0 540 541 541 541 542 543 | ACG:IH 581 : 17 582 584 act 456 519 519 520 acting 1 action 12 15:12 515 18 518 523 546 647 683 57: 9 601 518 519 450 477 518 521 603 advertisements advertisementsadvertisemnts advertisements advertisng 539 541 advertisin1g advertising advised 684 539 = advised advisin]g 625 : 651 affect 514 afected 516 affected 1 affidavits 1 affiliation 1 582 556 508 actively 2 566 activitics 7 566 497 affirmatively 3 639 640 675 afford 1 553 514 555 678 679 activity = acts 5 456 456 502 actual 3 479 549 Adams 37 449 449 452 453 458 458 460 460 462 467 470 470 490 491 548 550 550 556 556 559 571 578 585 601 Adams 5 583 583 45951 8 : d 481 42:18 571 added [ addinadgding 1 addition 2 671 679 555 456 502 474 | Africa 597 | after 1 after 672 | again 23 | 459 473 | 489 499 544 554 456 488 523 569 446 449 455 459 577 | 586 | 635 | 652 581 587 643 652 583 628 650 655 462 467 485 529 676 against 8 against 474 524 521 537 473 522 538 550 556 560 584 624 457 : 584 | 538 age | 484 agencies 482 486 agencies agencies 2 Agency 2 526 484 : 525 519 : 541 614 455 524 : 536 2 agent 475 | 1 agents ago 452 ago 589 470 470 455 | 593 595 | 598 616 593 596 599 617 594 596 600 649 agreed 5 537 agred 653 658 653 657 3 agreement 538 539 653 agreements 2 2 538 agreements | agrees 1 ahead 4 637 637 aimed 1 aimed air 40 470 air 470 471 473 475 476 | 557 : 564 477 557 : 572 582 | 583 596 583 584 597 | 597 598 598 598 489 539 673 62: 1 470 472 476 557 563 : 581 583 596 597 598 599 599 600 600 612 624 625 airborne 466 airborne 564 466 | 597 600 Aircraft 1 | 1 airtight al 446 446 446 : alarming alarming 509 578 4 446 446 653 alleged Allen 5 = 461 656 | 657 Alen's 660 658 | Allen'2s | 659 660 656 Chalmers 2 509 510 allowable1 580 : allowe1d = 582 | almost 611 629 674 alon3e 449 636 660 along along 9 583 597 | 599 656 634 675 : 579 598 644 Alterman alternativ]e 1 aal lumu inumm inum always 4 510 668 5522 2 471 510 511 | 511 513 631 | 9 among 492 493 | 513 660 566 672 511 611 490 501 649 amongst amorphou1s amount 622 amounts 2 622 641 526 : 465 550 analyses analysis 564 20 analysis 457 457 470 475 543 575 | 628 anlytical analytical 589 : analytical 601 analyzed 557 55: 7 591 Andrew 447 446 Andrews | Andy 4 613 633 447 459 668 Angrist 1 animal 4 559 559 2 annals 588 annotation annual 2 607 524 559 559 586 602 592 Anshe ] 510 answer 467 500 456 504 506 513 516 | 518 527 526 532 526 555 | 566 568 567 568 567 573 575 579 579 584 589 593 | 596 631 617 631 622 632 | 635 | 636 637 | 638 645 645 636 636 636 637 66433 7 664433 645 646 = 645 646 649 | 650 650 | 650 649 650 650 650 649 650 650 651 |) 651 | 652 653 | 654 | : 651 653 654 65: 5 652 653 654 657 : 657 anytainmeytime 57 570 0 657 657 549 anyway anyway : apart apart 458 apologiz7 e 453 479 563 594 596 633 apearappear 3 | 617 664 655 562 APPEARANCES 1 447 appeared 2 683 488 application applicatio1n 663 1 applications 571 ap reciate apapppllyy appreciate 603 459 517 appreciation appreciation 634 approach 4 appropriate | 658 663 approva]l approved 577 489 674 539 630 approximatc 1 aproximatc 552 approximation 1 | 552 April 5 551 661 551 662 | 664 ] aprons arcane 522 499 area 5 462 3 area 565 584 area 48s1 | 558 | 2 argue 499 : argumentative 468 625 558 499 : argumentativ]e 662 | 1 arising 474 ArmcoArmc2o 537 538 | armed armed 469: Armstrong 2 509 Armstrong 535 arrange 665 ar angearrangement 547 547 548 arngemnt| 548 548 2 arrangements 630 668 Index Page 2 Evans Reporting Service Adams v DcNemours arriving 3 462 502 624 ar1t 530 Arthur 2 621 619 article 42 482 482 485 485 485 486 487 488 490 503 530 531 533 544 553 595 608 632 482 484 485 487 488 494 513 530 531 533 545 553 608 608 articles 12 489 494 494 496 524 606 612 613 469 494 497 606 arts 1 494 asbestos 289 449 456 461 462 462 462 463 464 465 465 466 466 467 469 476 477 478 478 479 479 481 482 482 483 484 484 484 484 485-18 486 487 487 487 490 11 490 490 492 492 493 493 494 494 449 458 462 463 464 466 467 475 477 479 480 482 484 484 485 487 487 490 491 492 494 497 503 504 512 512 513 513 514 515 515 517 517 521522522 3 521 521 523 521 522 523 523523523 528528528 530 530 531531 531 531 532 532 532 534 534534 11 527 528 530 531 532 532 534 527 530 531 531 532 533 535 535 535 539 536 541.2 544.16 538 541 544 545 547 553 546 547 554 559 564 567 568 568 569 570 570 570 570 570 571 571 574 571 574 571 574 574 574 574 574 575 575 575 575 575 576 576 576 576 576 577 578 578 578 578 579 578 579 579 580 581 581 583 583 583 584 585 585 586 587 589 589 589 591 591 592 592 594 595 595 596 596 596 596 596 596 596 597 599 599 600 601 602 603 603 607 607 610 615 615 619 621 622 622 622 623 623 625 625 625 626 629 636 637 638 639 639 639 639 639 640 640 641 641 641 641 645 10 645 645 646 648 649 649 17 651 653 653 654 654 655 656 656 657 657 657 657 658 658 660 660 660 662 662 663 664 664 665 669 17 669 670 670 10 671 672 674 677 677 678 678 678.8 678 679 679 679 679 680 680 681 682 containing 1 602 asbestos exposed 1 646 11 fabricating 1 533 asbestos 10 453 502 526 527 573 645 657 657 671 672 asbestosis 27 462 466 483 488 488 524 565-17 566.12 592 593 611 639 639 639 641 662 672 672 462 475.4 488 533 591 593 639 640 662 Multi ascribe 1 450 ascribed 1 450 19 ascribin1g asi ( d 59e8 asks 2 458 634 656 aspects 8 534 538 541 541 548 516 539 542 Aspen 2 539 assertion 2 602 539 534 assessmen2t 471 558 assessments 1 635 assistanc1e assistan2 t 635 554 635 associated 20 474 478 502 527 565 566 573 592 596 625 655 662 669 468 478 564 573 595 654 662 associate1 s 658 associa1t7i4o8n8 488 489 500 501 = 502 510 510 502 510 511 511 622 631 641 656 6791 assume 14 457 458 469 498 517 542 585 585 618 453 458 517 576 585 assumed (1 559 assumes 4 618 624 516 624 assumin1 g Assurance 2 510 672 508 assure 1 AT 2 510 572 509 atmospheric } 487.8 attached 2 668 667 attachment [ 647 attempt 3 544 638 472 attempted 9 512 attemptin4g 474 625 662 662 Attempts attend [ 634 574 attendance py attended 2 573 641 483 attendinngy 644 attention 588 612 630 635 648 653 attitude 2 649 455 627 639 450 attorney 10 447 553 553 = 553 554 616 618 675 675 676 attorneys 7 554 554 676 677 attribute 2 650 453 666 680 496 attributing 1 audience audited 1 author 1 author's 2 649 482 541 563 610 490 authored 1 authorities 2 580 609 474 authority 4 524 584 authors 3 525 592 518 650 523 Au1t5o 11 automatically 1 541 Automobile 2 509 510 Automotive 1 509 autopsied 1 available 17 491 517 525 540 551 559 571 598 600 606 611 593 449 517 540 570 599 608 availef1d) Avco averag]e avoid2s 544 681 509 582 530 aware 21 467 485 515 524 539 539 541 579 602 603 616 624 625 645 467 515 527 540 585 615 625 away 577 577 578 Bp 659 15292u 3 B.S. iy 621 446 background 1 476 bad 450 487 badly 2 486 485 Baltimor6e 446 446 476 476 arriving - best 683 683 bandsa3w 624 625 560 Ba6n 51k0 546 546 547 546 546 banne1d bannin1g Baron 4 674 674 464 570 674 674 Barr8y 446 448 507 590 684 446 448 631 Barto1n basc 474 based 14 478 492 518 537 567 = 579 580 603 634 447 461 501 565 580 617 bases 1 basic 471 basin1g basis 3 467 600 601 480 606 543 Bates 1 becam1e81 549 555 598 599 615 628 455 597 599 becom1e become1s becomin1g Beech [ begin 2 660 597 626 554 509 518 beginning 13 538 554 561 596 627 648 656 670 521 555 606 648 672 begins 4 489 - 629 629 639 behal7f 447 447 447 453 447 447 456 bchavio]r behaviors 1 behind 3 659 673 503 546 581 bclie3f1 542 546 644 believe2s 606 512 Bel1l 508 below 4 508 577 benches 2 630 463 650 630 benefi1t1 berser)k besid1e bes7 t 451 530 469 619 481 Evans Reporting Service Index Page 3 Bethlehem - Chase 588 643: 64: 7 Bethlehem 5 501 : etter etter 1 577 tween = 455 10 512 448 545 579 582 622 637 638 658 Bevel 18 537 537 | 538 538 666 668 673 673 673 679 682 684 447 537 666 668 673 679 13 beyond 454 468 : 559 big : 636 515 454 503 642 516 676 Boys 1 Brake 1 brake1s | bran2d brand 560 break 5 52: 0 534 508 513 570 560 449595 536 585 breaking 1 breathe '573 573 breathing breathing 577 Brian 623 Brian | brief 10 | 495 564 521 565 515 624 44: 7 452 538 56: 5 3 Brigs 566 586 Briggs 669 650 bill 7 548 549 bring : : Multi busicr ] business 515 515 businescs 520 539 businesscs 552 515 : 520 518 bystande2 r 492 574 C 4 447 619 621 cabinct 447 677 calls 453 4 518 519 CandaCanada 516 535 cancer cancer 462 | : 463 463 463 464 464 | 465 465 | 466 468 : 463 463 464 466 468 543 : : Adams v DeNemours 571 674 Carpenters 3 516 516 carried 3 630 641 510 505 3 carriers 510 545 509 carrying carrying [ 10 1 570 cars cas4c 46 80 446 448 | 449 452 614 446 448 453 | 458: | 462 475 | 44 8282 486 491 || 494 455 468 481 483 490 : 491 511 45: 7 474 482 483 490 490 491 524 471 cautionary cautionar]y 576 CAWTHRON [ CAWTHRON 447 CBS 1 508 CC 58: 1 58: 1 ceased [ Celanese Cement 1 | center 478 447 : 468 509 501 447 647 centimeter | centered centimeter 1 590 581 central 3 | 505 9 4 545 5 508 century 3 3 565 567 certain certain 484 457 529 529 537 : : : billed 2 551 548 5 bills 548 550 550 550 55: 0 biological biological biostatistics 64: 1 biostatistics 1 481 | bit 456 488 496 476 498 504 505 506 17 529 552 561 574 601 604 606 631 blade 1 blood 1 blown board 5 497 497 573 625 564 623 476 507 body 5 462 517 564 boilers 1 book 40 493 513 534 534 536 11 462 623 503 469 514 535 : bringing 525 615 : 637 | Britain 5 Britain 593 609: 599 British 483 485 481 21 607 469 577 592 592 609 broad 641 broad 600 broad Broadcaster1s 510 : brochure 539 : brochures 544 BrotherhodBrotherhood Brotherhod 510 Brothers 640 509 | 8 brought 455 547 | 550 573 449 547 574 | 673 Brown Brown 659 509 : | 593 593 593 594 594 594 595 | 595 611 595 622 595 622 622 634 641 7 | 662 : 662 : 592 cancers candidates candidate1s 587 cannot 2 668 594 capable capable 4 498 464 618 capacity 635 capture 3 12 572 captured 572 capturedca6pt2ur3ed 64 25 57214 625 capturing car 577 19 = 577 car 456 Carbide 2 509 carcino 535 carcino carcinogen ] 589 : | 550 554 | | 556 : 558 : 550 554 556 : 558 : 56111 51 62 2 584 590 602 603 | 603 606 616 616 | 624 | 675 630 675 cases 18 | 469 473 488 | 554 | 575 675 493 543 593 679 |Cas1h 509 CashCastleman 42 | 446 448 448 452 498 511 | 532 543 538 568 | 588 601 551 554 557 558 558 : 557755 590 603 611 certainly 30 certainly 461 466 483 486: : || 490 492 : 512 513 | 535 544 | 553 573 590 = 592 613 623 449 481 48715 498 515 544 576 595 642 616 675 | 648 667 649 671 664 682 453 certaint2y 461 461 482 502 573 625 446 certify 3 | certify 683 ] cessation chairman chamber) s chance 4 604 657 683 468 507 647 567 673 448 496 change 10 526 581 512 581 521 581 657 657 540 657 657 657 changes 569 606 3 changed 526 637 656 : 540 541 540 542 581 592 : 610 629 632 633 586 596 : : 626 632 632 678 borne 1 bos45s0 18 449 450 153 454 ttom ttom 4 4 611 61: 1 BOWLES [ boxes 2 674 674 540 building 542 543 building 3 590 bul1k 480 : 610 bumbbumblling ing 589 627 : 632 633 678 575 450 451 470 545 : bunch 2 | 677 513 513 burden 462 |burden 11 465 466 564 667 Bureau ^ 493 bureaucracies 505 1 10 510 511 bureaucracies bureaucracies bureaucracies 1 499 [ 639 bureaucracy 446 4997 675 675 |buria1l 572 | carcinogenesi2s carcinogenic 589 589 carcinogenic 586 589 589 589 carcinogens carcinogen4s 591 : 632 634 635 carding 593 care careful Carey Carolina Carolina 15 510 510 551 100 521 522 5235352 32 | 559 561 486 593 572 535 491 521 522 : 557 571 615 627 616 628 662 665 669 673 684 684 cataloging cataloging categories catch 565 1 categories 5 602 564062 caughtcacuaugghhtt caused 3 causes 657 658 causes [ | causin2g 616 628 668 684 543 495 460 645 581 465 : 594 464 | 659 chapter 449933 536 449 536 536 536 544 3 55881 1 55 8686 590 596 characterizes charcterizs characterize cchharactearize racterize charcterized 603 characterized 1 517 1 : charges 2 549 Charring Charring) Chase 13 54: 6 54: 6 548 483 546 54: 6 ndex Page 4 Evans Reporting Service Adams v DcNernours 547 675 675 675 675 675 675 675 676 client 4 cloth 618 619 cloth 1 522 496 624 check chemical chemical 478 478 506 582 599 633 633 635 1 chemicals 1 chemicals chemist1s 4 ches 53t3 590 659 chests 1 Chicago 131 508 508 510 550 470 514 600 634 591 619 580 586 467 501 U clothes 612 Clubs Clubs fil 574-16 508 author 1 e 61d1 workers2 556 556 Coca coded 509 493 collaboration 1 666 10 colleagu2e | 575 collec1t collected 575 677 624 Chicf 21 607 children's children'1 s chose 1 2 Christian 510 592 571 590 508 chronic 1 chronological 62: 1 chronological 1 620 chronology 20 1 chronology 645 Chrysler 509 chuck 1 cigarett5 e 468 5 59944 595 550 465 559955 circumstances 5 461 463 464 474 596 4 citation 643 cite 4 610 cited cited 2 citics 648 544 654 16 654 593 citics 1 586 654 610 648 608 citizens 2 526 510 City 5 447 508 683 501 683 collection 560 624 663 color 1 660 combinatio]n 611 combinedcombined 2 522 comfortable 522 comfortable 1450: coming | 645 646 comingcoming 6 533 586 523 614 614 commencing p comencing 446 14 comment 587 587 660 54: 5 588 1 commented 586 1 comments 553 2 Commerce 447 Commission Commission CommCiosmsimoinssion Commission 464 5 510 464 501 commissioned commissioned commissioned 1 | commit ] 55: 1 commitment commitment commitment 1 committee IM IM Multi 513 | 534 535 513 534 535 515 535 536 7 Concern 592 592 631 659 591 622 660 536 536 600 concerned 15 470 600 674 667 62 company company 447 447 | 449 449 478 479 | 497 498 501 503 504 507 509 509 | 511 511 504 508 509 509 511 446 448 471 496 500 504 507 509 509 509 522 522 22 concerning 454 : 467 : : 469 474 | 482 493 483 493 491 512 | 514 517 | 539 540 | 648 648 3 concerns 593 615 536 586 652 524 concert 2 51: 2 512 524 | 531 | 535 535 535 536 634 645 66775 5 525 531 535 535 535 615 638 651 527 concerted 603 532 conclude 608 53157 536 615 640 conclude]d 1 concludes 1 conclusion conclusion conclusion 682 508 504 conlusion 665conclusionsconclusions conclusions conclusions conclusions 450: 517 634 compare 4 473 484 490 590 compensation 2 compensatio2n CompilaCtomipiloatinon 1 Compilation : complained 2 complaci omnpleaidned 2 456 6 condition 576 conditio1ns0 484: 484 485 486 487 490 490 579 582 582 conduct 457 515 5 456 45 73 04 4 complete 4 587 complete 630 635 652 completel2y 525 completly 540 compliance 1 583 comcomplicatping licat: in2g 468 complication 1 complication 592 592 complications 1 639 2 composed 549 550.9 conference 14 483 573 574 574 590 641 642 644 646 645 653 645 653 conferences 22 483 520 confidential confidential confidential 1 1 543 confirm 1 613 confirm1 s 662 confounded 1 472 confusing 456 check - continuous consideration]s | 515 considere1d 574 consiste1 d 523 consistent 3 488 consitecnly o5n3s3istcoensinstenttlyly consistently 20 1 Conspiracies Conspiracie[s conspiracy 513 | conspiracy | 514 | 534 546 conspiracy 534 534 603 512 534 536 603 conspired 603 603 conspire6d 512 : 512 conspired 602 602 constiutesconstitute]s constitutional 603 512 512 595 constitutiona1l 518 1 constructed 573 construction 3 514 533 consultingconsulting 2 552 552 635 502: consumer 5149 464 contact 5 556 574 | 674 1 contacted contain 2 contained containe1d2 497 542 606 623 656 662 containers 1 containers contcoantaiinninig ng 3 532 570 464 464 519 523 574 556 454 497 505 643 578 514 contains 2 664 543 1 contaminant 564 526 553602 527 547 14 527 562 claims 2 525 clarification 515 cl5a1 ri2 fica5 ti6 on1566 566 clarify ( 11 clcalauussee clays [ 571 clean 3315201.12 5321502.0.1122 577 585 474 474 521 02 clear o 490 506 459 566 569 604 605 613 659 667 clearly 2 515 461 | 500 1 580.4580.4 508 511 581 581 58: 1 471 common : communicate communicate communicate { Communication Communication 1 communications communications [ 651 651 community 20 523 : | 542 542 30 companies 446 476 497 497 500 | 502 513 502 506 513 502 510 513 compundig 1 compounded 531 compounding compounding compoundingcompounding 1 468 compounds 2 464 591.8 computer 680 614 571 conceconiceivvabale ble 1 571 concentrat1e 526 concentrated 1 476 6 concentration conetraion 472 564 563 565 564 582 concentrations 4 conetraions 465 580 645 646 : confusion 4 CoConnggrresess4s 510 519 14 53: 4 519 Congressional 1 47: 6 connectcoinectionon 2 556: 647 ] consensus 538 conservative conservative 1 634 consider 4 466 499 660 considerable considerabl1e 641 consideration consideration 1 | 624 564 580 contend = contend 598 571 : 505 contents context 16 472 489 : 472 493 545 546 567 569 569 587 | 595 655 595 660 642 679 Continental 1 Continental 509 continents 1 679 1 continue 5 continued 480 514 642 458 514 554 continuing continuin]g continuou1s 555 670 Evans Reporting Service Index Page 5 contracting - depending TM Multi contracting 1 533 contrary 3 547 586 534 contribution 1 49 ontrol 26 470 470 471 471 473 475 475 475 475 477 560 561 561 562 578 578 625 470 470 472 475 475 487 561 577 621 controlled 1 576 controlling 3 474 486 629 530 554 564 583 585 628 643 646 649 537 555 577 583 616 640 644 647 653 546 560 14 577 585 627 640 645 649 correctly 32 501 533 589 623 623 625 626 631 633 634 634 638 639 640 641 643 647 648 486 588 623 625 632 634 639 640 644 652 665 670 668 673 cotton 2 522 council 28 496 496 497 497 498 499 501 501 501 501 501 501 505 506 508 508 516 516 Council's counsel 7 615 619 683 683 669 684 522 494 496 497 500 501 501 501 506 510 528 497 448 633 683 controls 4 485 485 473 485 convenient 1 668 conventional 1 603 conversation ] 637 conversion 1 convinced 1636 Cook8e 485 485 486 487 580 621 1636 482 486 488 Cooke'2s 608 487 oordinator 510 opied 1 666 copics 15 496 540 550 550 604 607 607 607 612 612 666 667 667 674 676 copy 17 500 540 619 619 627 628 638 652 642 667 677 Cork 2 509 corporat8e 498 536 674 681 681 495 550 619 638 643 676 535 456 634 681 corporation 26 447 456 501 501 508 508 509 509 510 512 513 513 516 535 535 654 659 656 658 correspondence 25 666 673 674 674 675 675 675 676 676 677 677 678 678 678 678 678 678 678 678 679 679 680 680 681 count 1 counting 2 548 502 9 472 country 7 488 490 539 603 479 525 611 counts 4 576 576 576 601 County 3 446 476 476 684 costs 1 471 cotten 127 447 448 452 453 456 457 459 459 447 452 454 457 459 couple 5 534 534 614 course 9 518 559 569 653 670 673 471 592 473 563 660 461 468 464 479 465 486 COUTSCS 4 559 563 461 563 487 489 493 498 506 512 516 489 492 495 503 507 512 516 489 492 496 503 507 514 517 court 446 569 618 666 Cover 3 501 602 covered 1 446 618 469 600 520 521 526 coverers 1 609 527 529 531 532 532 538 544 555 561 563 566 568 = 567 569 575 580 531 532 543 561 565 567 573 582 covering 3 572 600 Covers 2 630 coverup 3 530 531 Crane 1 560 630 530 509 582 586 588 593 595 602 604 605 584 586 588 594 600 604 605 605 585 - create 2 587 520 593 594 601 604 605 created 5 519 519 584 creation 2 606 526 518 519 550 519 535 535 535 681 535 535 535 681 535 535 535 rporations 2 11:20 544 correct 33 456 469 493 506 455 476 512 613 617 618 624 627 633 644 652 659 660 613 618 618 627 630 633 647 655 659 661 614 618 620 627 631 633 651 655 660 662 credit 1 critical 1 563 545 critiquin[g1] Cross 1 545 483 examining 1 531 crowd 1 677 Crumplar 616 Index Page 6 Adams v DcNemours 618 618 crystallized 1 645 CSR 1 536 cubic 7 581 581 581 583 583 584 584 cumbersome 1 598 curb 2 479 curiosit1 y curious 1 current 1 curves 2 564 523 612 661 480 564 customer customers 3 531 625 531 530 cut 572 cutting 2 664 572 572 D = 446 | 683 683 D'Alonzo 449 451 469 524 642 646 449 451 562 D.C. 1 476 dacron 1 522 daily 1 629 Dallas 6 447 447 611 674 446 447 damages damping 2 630 619 630 danger 1 dangerous 3 477 573 515 474 dangers 8 478 521 527 532 603 449 523 546 data 4 467 557 574 557 da 11t4e 79 527 540 626 638 655 655 526 619 655 674 dated 2 655 621 570 571 574 deal 4 481 472 506 481 dealin1g dealt 1 664 death 8 484 490 503 575 527 473 461 502 547 proved 1 575 decade 1 decades 4 532 589 556 458 672 decedent ] December 3 642 649 decided 3 513 547 529 605 513 deciding 1 decision 1 603 472 decision 1 515 decisions 2 481 481 deemed 2 475 470 Deere 2 511 509 defendant 8 447 447 461 537 616 447 447 538 defendants 3 446 446 602 defending 1 define 4 520 544 448 457 566 defined 1 definite 3 658 671 582 648 definitely ] definition 1 degree 6 472 516 555 639 657 563 471 526 degrees 1 Delaware 5 508 509 618 468 501 618 dates 456 456 457 647 David 6 680 680 681 681 Davis 1 day's 1 day 1 days 6 455 564 571 614 de 511 446 deadly 4 456 457 680 680 661 682 559 466 585 447 570 delay [ delete 2 656 515 513 deleting 1 DeLuca 1 660 635 department 8 510 522 528 528 529 619 632 661 departments 1 505 depend 1 634 dependency 1 570 dependent 1 465 dependin3g 473 Evans Reporting Service vee, Adams v DcNemours Multi IM Multi 480 483: dep1o 652 deposed deposed deposed 1 dep4o46siti4o4 n 861 555 555 446 451 451 454 451 454 454 454 454 : 455 454 455 496 537 472 537 537 537 538 548 543 549 548 549 550 556 556 588 552 605 613 630 630 635 635 642 648 654 656 644 648 655 658 648 654 656 658 566 667 668 668 673 675 682 682 684 8 depositions 451 ] 451 548 548 551 551 451 550 550 552.4 684 2 derived 555 555 describe 2 494 ] 499 described 546 describe1s 543 DESCRIPTION describing describinDESCgRIPTION 11 desigdn esign [ design designate1d) 6 609 [ 652 652 453 designed p 623 developments devedevellopments opments 634 devicdeevisces 1 | devote1d diagnosis diagnosis diagnosi1s 486 dicd dicd 3 464622 484 different different 506 524 558 | 591 591 59: 7 569481 | 654 | 676 660 678 difficult difculty 626 671 | difficulty difficulty DigestDiges1t direc5t 488 630 direct 675 directed directed directed directed 3 2 direction 542 542 direction 596 1 director 2 619 4 directors directors 507 516 disappear disclosed disclosed disclosed 663 2 disc:ourage 121 | disdcrieestlcyreetly 1 discuss 3 1 1 597 536 658 658 672 462: 517 580 591 disorders disorders disdoisrpdlaeyreds [[ 590 581 disposal 1 dispute 4 dispute : 556611 dispute 561 668 668 1 disquieting 622 disregard 622 disregard 513 disseminated 1 643 distance 1 543 distinctly 465 611 642 distort (1 distortiodistnortion 66 7272 572 : distribute distribute p distributed District 4 446 446: 603 535 535 615 539 446 446 | 629 511 divided divided tu doc 481 653 division 476 522 doc 561 500 476 635 541 596 516 476 628 57: 8 449 [ 452 doctor doctor 14 537 544 452 568 | 571 654 580 643 655 588 652 656 670 doctor's doctor's1 666 doctor's 3 481 doctoral555 doctors doctors9 502.16 524 doctors 524 525 502 502 568 636 651 535 document 595 595 document document 38 document | 497 498 505 506 483 483 500 506 561 : 668 discussed 561 561 detail a 648 detailed 595 details 460 493 559 562 determination 581 determination 6 465 466 471 669 670 672 de4t9e4rmin6 e 4157 488 658 672 determining determining determining 1 550 Detroit 2 50: 8 510 develop p 554 567 595 669-19 developed developed 13 579 580 595 580 661 122 597 671 468 577 671 523 523 578 594 611 672 development 663333 580 633 598 | 544 581 discuses 612 653 discusses 610 610 discussin1g3 611 659 discussion 15 483 495 discusion| 556 613 585 627 | 654 660 655 660 669 discussions 3 542 586 discase discase 481 | 493 495 | 554 | 566 573 24 482 493 527 555 567 578 | | 621 671 645 672 discases 568 568 | 586 602 606 561 615 543 452 520 604 652 : 655 455 | 474 492 494 553 566 568 578 16 645 15 486 586 | 614.5 616 617 | 627 632 615 616 619 628 633 615 616 621 628 662 662 666 667 667 documentaiondocumentation 1 | 558 documents 45 documents 45 449 | 480 496 496 505 550 557 | 558 606 558 606 558 618 620 620 628 630 665 666 666 666 | 673 674 673 674 | 675 676 | | 676 676 676 676 677 | 681 677 682 | doesn't 457 459 626 665 666 673 673 17-674 676 676 677 678 454 498 498 | 548 | 0 585 511 551 606 664 672 : Doig Doi[g 593 Doll 595 dominance 3 dominance 525 526 done | 572 578 | 599 603 544 584 600 603 : 660 dodsoasgeag3e 589 589 517 : 607 : 525 504 572 596 602 : 630 586 dose 565 568 568 568 569 doseresponse 2 doubt 564 564 doubt 1 667 downdown 15 539 542 549 564 | 565 621 | 639 | 667 578 629 657 669 581 629 657 dozen 1 Dr | 449 445500 450 | 452 469 448 449 450 : 451 453 470 482 : 482 483 483 483 | 485 485 : 496 552 448 449 450 : 451 453 470 : 483 483 486 : | 523 540 546 | 562 | 569 571 574 582 523 545 557 562 569 573 574 583 524 545 545 568 570 573 575 586 586 : 606 624 628 | 638 || 641 642 | 644 | 652 656 | 656 658 | 659 | 659 660 | 662 669 58: 7 610 625 630 639 641 644 646 646 656 656 658 659 660 661 665 672 568081 610 : 622 637 640 642 644 : 647 656 657 659 659 660 662 668 673 depo - dusdustt depo draft : draftsme1n Drake 2 : 511 533 508 : 2 450 drawing drawings drawing drawings ]14 drawings drop 629 drywall 1 du 464 648 : 639 533 639 464 duces 674 duly 658 duly duly 683 dupont 90 447 448 18 | 449 459 451 461 470 470 479 480 | 484 | 491 | 496 502 | 511 || 516 522 485 491 497 509 515 517 525 527 527 531 532 | 537 538 543 55: 7 : 557 558 || 571 58: 3 | 603 | 615 628 571 60220 615 615 : 660 446 448 457 467 479 483 490 493 501 516 522 526 527 532 543 55: 7 559 571 578 603 615 : 624 14 661 663 665 665 duPont's 684 684 duPont's duration 646 duratio6n duration 464 464 during 465 517 durin1g7 3 during 477 485: 49:0 51163 | 579 583 | 673 dust 55 44 8282 663 684 493 464 464 467 48716 529 571 621 485 48: 6 560 572 | 573 | 575 576 | 576 || 578 578 622 515 515 560 572 573 575 576 577 578 581 623 554444 571 572 574 576 576 577 578 584 623 Evans Reporting Service Index Page 7 - producing exposure 623 623 623 exposure 537 563 667 625 624 625 | 625 629 629 Elastomers 665 619 45:14 670 pro prdoduuc ciingng ] 577 dustiness dustiness 2 : 544 dusts 11598 dut1y 474 dying 1 574 E 9 447 mail 5 680 680 511 680 681 681 E.I 446 447 Eagle 1 535 2 earliest 597 597 carly 14 479 Electric 4 501 509 511 elicited 535 elicited 537 elimination elimination elimination : elimination 475 elimination Ellman 2 Ellman's Ellman's 447 : clscwhere cclsl cwher scwhere 609 609 609 536 embark 1 1 emergency 1 Eme 51t 0 Emile 547 583 511 emissions emisions 473 473 emphasis 473 533 emphasized 592 555 583 612 : 565 594 601 567 598 611 employed e4m76ploye22d11 566 571 | 641 669 : 566 600 : : Multi engineerin9g 494 533 661 662 enginers 665 665 engine rs 2 England 580 17 England : English English 482 : 607 482 enlighten 3 654 655 655 enormous 471 entire 8 454 entire 454 488 454 576 456 621 | 643 entirety 1 entities entities 506 518 511 519 entitled entitled 1 entity 455 502 512 682 459 493 550 cntry 665566 662 652 |enumerable 626 1 environment 1 Adams v DcNemours | 446 446 evaluate 658 668 exhibited 656 evaluatin1g 523 EVANS : 446 Evanston 501 Evanston 1 501 event : eventually 3 554 555 575 everybody 2 653 667 evidence 451 458 | 543 | 21 584 459 583 595 516 583 618 622 622 624 = cvidenced 1 evident Ewing 601 467 447 exact 485 487 exact 530 exactly 452 exhibits 13 674 684 4 existed 524 526 existence existence 2 exists exists 1 557 484 592 48485 5 463 5 expect 16 556677 : | 642 1 expectations 634 | expectedexpeexpecctetd edexpected 1 466 expensexeperience 549 21 experie4n7c7 e 461 482 | 544 experexipeenriceendced 11618 : 11618 experimental experimental examination 578 613 examination examination 6 675 683 68: 4 3 683 ex4p5 er7 t 9 556 562 562 expertise 634 expertise 675 453 562 571 easier 1 casiest 1 casily [ Fastman 10:17 668 619 607 500 casy 1 611 Eckardt 2 editingediting edition 632 545 545 edition 6 469 539 539 540 540 542 cditions cditions 2 editorial : 541 497 editorial 7 490 490 498 498 605 660 editorials educatio4n 476 528 effect 6 569 582 641 641 488 470 528 535 593 effects 6 575 594 641 654 efficiency 2 625 488 607 | 572 effort 1 cfforts 2 523 Egilman 80 680 677 487 680 681 504 || 671 504 671 employce'1s employee1s4 503 508 661 683 658 502 509 531 547 547 547 | 653 660 600 653 644 653 employce1s 642 = employer 457 461 507 employers 5 515 515 515 475 515 employment 7 : employment 526 559 583 : : | 671 enable 1 481 enactment 51: 8 encenlcloosinsg in1g end 2 520 642 551 endeavor 613 ends 489 11 enforced 485 enforcemnt 640 enforcement 2 | 518 641 engag]e engaged 5 449 455 457 449 536 549 3 environmental environmetal 519 526 526 envisioned 562 epidemic 555 epidemiological 2 epidemiolgical 465 epidemiologist 595 epidemiologist epidemiologist epidemiologist 2 epidemiology epidemiology 2 epidemiology epidemiology 481 595 equal equal equipment equipment 466 : 10 522 : 598 598 598 Equitable 601 647 Equitable 648 508 510 equivalently 1 581 era 483 Esam 1 escaped 1 especiall8y 529 535 | 564 572 671 523 612 492 554 592 ESQUIR6E 447 447 447 447 447 447 Esso 1 634 establish 670 613 581 681 eietihtehrer 1111 487 498 551122 681 47: 4 459374 engaging engagienngagging engineer 2 engineer | 635 502 478 establishe2 d 643 2 643 643 estimation estimation 579 654 et 4 446 446 Index Page 8 521 examine 2 | examined 683 example example 550055 : 525 562 570 exceedin1g except 5 except 538 660 : 544 excerpt 1 excerpts ExCCS1S 41 excluding 641 excludin6g 41 excluding ] Excuse 6 executive 499 499 : 500 507 executives 456 448 552255 564 584 459 605 616 630 57: 8 641 668 520 498 499 513 ] expertly experts experts 602 680 571 525 680 Expires 1 expexlplaian in 566 634 683 : 521 explained 2 554 explaing 554 explainingexplaining 1 569 526 explanation 3 explicitly explicitly 2 594 explore 27[ exposed |) 463 467 | 475 475 | 18 566 576 55668 8 578 583 585 548 461 467 513 578 6 582 587 excrcise 1 exhaust 7 572 572 exhausted 624 625 exhausted 4 exhausting 623 624 exhaustin4g 577 577 exhibit 23 | 543 544 616 20 628 634 571 577 630 623 625 577 577 483 614 628 625 629 646 670 13 : : exposing exposure 96 461 463 | 463 463 463 463 | 464 465 465 465 465 466 467 470 639 645 547 458 463 463 464 465 465 466 474 642 643 648 652 654 654 | 656 656 644 652 655 662 | 475 484 | 563 : 475 492 563 478 528 564 : Evans Reporting Service Adams v DcNemours 564 564 564 | 654 670 565 565 565 566 573 574 574 577 579 580 582 584 591 66338 8 641 655 657 662.8 672 565 565 566 566 574 574 574 19 578 579 581 584 584 592 62: 2 651 657 658 662 672 exposures 25 exposures 463 404 467.10 464 18 473 484 486 546 576 585 585.3 596 598 670 670 expresse1d expressions expressions 1 extent 490 497 526 532 561 582 612 531 10 534 572 606 675 565 565 566 566 574 574 577 578 580 581 584.6 589 601 637 640 654 657 658 669 445656 464 465 474 474 493 579 585 622 671 093 603 488 517 13 531 534 581 607 675 i" | factoricsfacftaoctroircicss |factorics 607 643869 485 486 482 : 574 596 : |f4a6c6 tors464688 465 : factory 473 621 factor7y 482 487 487 487 593 641 641 | 5 facts 457 459 516 failed | failed538 fair fairly 590 fairlyyy false 1 634 459 624 596 538 15 564 familiarfamfamiliiar liar 12 505 455 554 569 569 | 598 663 590 663 664 597 663 | 2 familiarity 595 597 familyfamily family 455 far 18 455 500 506 | 544 564 | 570 579 616 643 680 F|arm 680 Farm 55 27 27 527 479 511 565 600 643 8 511 fascination 1 555 500 18 extra 2 500 extraction 1 extraction extraneous 66: 7 487 487 667 ex51t4.r11aordinarily 1 extraordinary [ 514 extrapolates 1 564 F 634 640 face1 623 facilitic1s 470 facility 31 467 484 485 682 459 470 490 491 j 22 495 13 522 527 557 557 557 559 559 " 571 | 578 560 571 583 561 573 615 624 624 624 669 6703 670 facing 121 603-10 603-10 525 603-10 458 fact 19 453-10 458 458 470 477 533 539 569 : 639 649 547 625 653 fashion 1 fatalities fatalities 507 574 Fax 681 faxcs fears 1 515 : feasible feasible 1 681 669 features 121 505 February 505 11 683 683 federal 161 519 525 518 526 Federation Federation 509 fec ] Federation Federation 510 511 15 5 fec 548.3 547 548.4 548 551 | fclt few 645 468 few 468 525 542 | 58116 591 fiber 7 465 fiber 465 600 601 FiberglasFiberglFiberglas as 11 fibers Fiberglas fibers 487 | 581 581 581 601 | 622 623 645 476 525 576 673 465 522 53152 463 522 581 621 625 Multi IM Multi 646 521 566 fibrosis fibrous fibrous | fictio2n 545 field 112 477 502 525 525 654 563 545 471 525 526 581 581 583 583 | 627 672 Flo rFloor floors 3 | 630 630 FloFlroriidda a Florida 566 581 : 584 674 674 447 630 510 : 526 563 535 563 fields 2 fields 534 563 528 focus 2 588 focusing 1 folks 1 524 480 457 fift1h 639 figure figure 640 file 451 455 479 472 472 454 480 follow 7 folow 64417 639 652 following following 634 3635 625 640 656 52: 2 557 558 675 675 | 677 677 667 75 5 677 678 678 678 681 680 681 681 20 3 filed 552 676 674 676 676 677 678 681 : 554 554 6 files 678 679 679 680 678 679 filter 4 572 599 599 625 | filter(s 578 final 539 589 589 | finall0y 520 545 637 676 558 513 637 ffiinnddiingg 11 469: finc5 508 finc 559 601 579 604 536 582 666 follow1s 448 foot 581 : foot 584 584 1 force 600 Forces 1 583 18 584 469 Ford 557 : Ford Ford's Ford's Ford's 560 forecasting 1 foreign 1 62: 4 5522 2 2 671 574 foresecabl2e 504 forescable 570 form 459 535399 558 558 537 - formal 481 formed 1 454 forms 1 formulating 634 formula2ti6n1g1 formulating 612 Fort 447 | fort2h 522 forthcoming 613 | fingers 1 finish 1 2 finished finished 651 3 fire 47d6 476 firms 2 674 first first 472 481 482 482 483 496 | 527 | 551 | 568 596 550088 530 553 569 598 449 667 621 476 673 472 482 482 490 526 549 556 583 607 forthcoming 1 forthright 1 525 forward2 forward found 6 494 495 | 639 663 57: 3 469 607 FoundatiFon 6o1u2ndatio2n 611 6 520 538 568 639 fifths fifths 538 617 629 : | Fourth 5 539 539 540 469 540 640 653 6666 53 | 674 667752 | firsthand firsthand firsthand Firstly 622 five 480 five 480 637 : 66783 2 477 fractionated 1591 fragmentar3y 622 652: 652 652 frame fram1e 651 622 622 frank 1 fre2e 551 513 607 14 14 495 495 1 664 fresh12 - exposures - gonc front 506 FruchaufFrFruucchhaauuff 1 full full 477 time function function : 647 643 647 506 508 532 528 500 642 futurc 2 648 570 G 1 621 GAF535 GAF535 GAF535 gai1n 623 gained gained Gamble 467 Gamble Gar 508 8 466 13 509 gather gathered 513: gathering gathering gathering 3 494 493 : : 1 Gazette 25 gencral 466 469 480 493 501 506 509 509 576 593 611 612 663 669 generality 1 generality 13 generally 483 494 496 564 | 593 600 59: 5 603 60616 479 47: 9 483 461 474 495 508 511 597 653 678 653 469 494 585 597 : 681 1 generated 676 gencration[s 514 GGeoe rgio a rgia 1 German 2 German 610 given 12 |given 467 471 471 491 573 597 givinggivigivinng g 671 3 giving 461 504 glad 1 542 1 glass 625 gleaned : 610 467 471 529 618 448 4466 1 1 gloves Gloyne 1 Gloyne goes 455 506 511 | 605 623 Goldman Gollatz 5 522 610 468 568 676 : 509 447 g5o90nc 494 584 596 681 Evans Reporting Service Index Page 9 good - indicating gogooodd 8 : 501 : 525 : 14 606 : 608 668 Goodyear 4 Gordon 509 449 handing handing 1 handled 3 handled 576 653 2 handling handling 664 : 475 574 48: 4 Multi Hopkins | : 513 515 518 Hopkins | 518 520 | 522 523 519 520 523 523 519 Hospital hot 522 521 523 hospitalshohsosppiittalas ls hot 522 Adams v DcNemours 563 563 649 imply 483 609 662 | imply 475 : importance importance ] 462 1 governing 497 7 government 483 , 518 518 519 520 529 609 governmental 5 518 519 521 : 525 607 Grace 2 681 535 g6r4 ad0 e 2 640 : grades 1 graduated granted [ gratefu]l great 481 501 593 667 639 525 518 626 481 607 466 greater 555 3 greate] st Griffin Griffin gross 1 553 group 9 476 509 512 524 666 groups groups 41 14 growing growing [ guess 6 541 55588 541 590 660 guidanc2e 579 guidelin5e 584 653 44177 447 476 509 641 671 : 517 471 566: 579 584 653 653 guideline3s 653 653 4 guys 592 608 680 594 592 Gypsum 509 H 447 661 2 Haincs 682 535 681 hal1f71 547 551 551 551 551 574 599 Hamilton 447 hand 10 88:8:116 6 58189 516 661 469 616: 683 handed 1 67: 7 handicapped ] 626 handwriten 676 677 684 | 609 622 handyma2n handyman 574 HANES happy ) 464 446 549 : | 625 642 653 | 654 | 669 631 646 653 655 671 HarHbiasornbisoWalnker 558 Harbiso4n4W7alk5 er34 7 538 : hear 594 | heard 4 487 568 hearing hard 449 467 513 449 579 hearing 1 heart 583 | 607 heavily2 hardhearte1d 515 heavily 587 HardyHard2y 611 611 heav2y 566 622 636 649 654 655 659 483 634 : 476 566 18 harm 504 harmful 471 475 HaroldHarol3d 500 609 Harriet 470 498 611 1 hegemony held 463 21 Hell 636 help 2 608 helpful 588 525 642 626 543: Hariet 611 Harriman Hercules 478 509 | Hercules 478 478 Harveste3r Haskel 507 509 Haskell 507 631 hereb2y 683 berein 448 448 hastily 631 hastily 1 hat 577 hat1e 667 hazard 5 58 582 2 : 610 hazardous 636 hazardous 2 | 582 hazard4s1 hazards 492 494 | 502 512 512 514 517 517 518 523 525 526 530 530 | 536 545 634 502 : 625 579 450 497 512 515 517 524 528 531 547 683 hierarchy 501 high 12 464 564 565 565 572 576 576 576 589 589 | 672 higher | highe2r 569 highligh1t ] highlighted highlighted 510 530 Highway 532 605 Highway = Hilda 625 569 486 508 530 511 575 575 Hill Hill 1 595955 himself 2 660 : : : 5 : | 649 654 | 655 682 651 655 663 653 655 682 hea4d 581 header 640 675 header ] 639 678 heading = 653 headings 495 headquarters 1 health : 547 health 45 450 | 471 477 471 478 474 48: 1 historical 479 480 480 | 542 historicall1y 596 history 7 461 480 559 591 601 657 658 hold1 609 home 6 464 574 574 677 677 680 ] honestly honor 2 | 600 hop2e 471 569 600 588 hours 543 5458 549 564 householdhouse 2 574 464 3 household 463 housekping 574 574 housekeeping 1 | 473 589 impose impose impose 22 impossible impossible impossible impossible 2 impression 597 inaction 2 654 471 634 540 527 Houston 613 Houston Hudson 11 HueprHueper huh 1 620 human 2 671 : 611 509 611 475 Inc 510 509 Inc 5 inch : 446 16 inch 667 incidenc1e incidents inclined 509: 535 634 456 450 Humble 2 Humphrey 553 509 553 475 include 10 500 535 576 576 580 582 hundred 584 included 491 hundreds hygiene hygiene 477 477 478 495 591 476 include | 493 645 493 654 478 ~ | 525 include2 s 642 558 546 528 535 595 610 611 612 : | 631 hygienist hygienist 601 516 ||hypothetica3l 468 504 585 identificatio6n 44 7070 47: 0 47: 0 includin4g 574 inclusion 577 inclusion 572 601 635 incom2e 555 553 : incomplet3e 468 Incorpated 504 504 Incorporated 2 478 508 incorporates 471 471 identified 5 591 598 543 incorporate1s 5 69416 incorectlyi6 n6 co4rrectl1y 638 identifyidentify identify ] 472 ] 666 447 | III 446 increase2s 455 incubation 463 incubatio1n 529 independent 446 independent independent index 463 622 ill ill 450 Illinois 1 508 index 4 494 494 494 684 ] illustrated 573 indexes = 495 immediate immediate 1 immediate 635 impeac2h 568 569 impediment 1 519 impinger 597 597 597 598 599 implement 1 638 implemente1d 562 implication implication implication implicatio2n 657 implicitly implicitly : 541 implicitly 1= iimmplpicls ics 665 603 530 545 | 646 641 indicated 7 507 532 635 635 indicates 497 500 560 615 indicating 25 486 486 499 506 : : 542 544 567 569 : : 619 620 | 633 638 584 656 505 594 639 484 557 662 469 489 530 532 : 545 615 633 633 647 Index Page 10 Evans Reporting Service Adams v DeNemours 650 661 663 indication 4 504 589 498 615 indicative 1 657 13 adividual 455 468 468 490 507 507 527 527 649 50: 7 53: 7 671 508 649 671 67: 1 individuindivaiduall's 's1 individual's individuals 449 individuals individuals 534 567 609 individuals 507 industrial industrial industrial 40 476 477 477 478 | 653 informing 525 | 526 571 inhalatio1n 629 1 initial 5 injury 502 | 502 8 503 : | 612 580 461 = 547 547 inlet inle1t 630 inside 2 506 676 inspection1s 518 inspecto3 r 592 inspectors inspectors inspeicnsptecotorrss 482: instance i5 n4 st6ance 676575 3 467 478 494 495 501-5 510 510 522 526 563 509 516 525 528 563 510 12 517 526 535 580 595 596 596 598 601 610 611 626 627 626 627 631 632 industries 81 511 522 535 565 592 ndustryndustry 28 47479 9 14 502 610 6 612 629 629 682 508 524 567 478 502 514 530 530 525 : 531 526 : 544 545 566 566 575 575 576 577 579 579 593 597 599 600 634 634 600 640 640 633 641 641 3 industry's 530 531 531 infer 454 infer 2 454 584 influenc1e = 524 inform 2 52: 0 653 information information 51 449 449 458 460 467 480 491 493 494 131 Institute instiuted 510 519 institute2d 643 508 561 1 instruct 513 instruct1io5n5s4 1 insufficient 622 insulating insulatin2 g 6 6444 4 645 insulation insulation 19 insulati1o3n5 467 484 | 502 514 531 | 571 | 572 546 571 572 : 574 583 | 583 | 585 | 610 | 610 646 | 669 || 673 5 57 74 4 5 58 84 4 596 645 645 653 670 464 492 528 560 571 572 576 585 603 0 : 646 664 672 insulator || 466 466 insulators insulators 546 insurance 10 insurance | 509 509 510 intend 536 510 545 466 46: 6 50: 8 510 511 580 intend intend intending 602 intendin1g11 9 537 intens1e 484 intensity intensity 581 497 503 512 517 517 518 552 23 3 514 517 517 522 534 534 542 543 560 565 594 602 | 615 628 615 628 636 641 645 | 670 645 670 informe5d 527 527 505 516 518 518 522 534 15 : 556 579 602 628 628 641 670 671 449 653 | intenti intention6349 551 intentional 450 450 8 502 intentional y intentionallyintentionaly 55 449 449 455 | 457 547 : intentions [ intentions interes6t 449 476 |} 476 | 639 497 676 525 interested 4 474 interstedinterested 554 683 interests 520 internal 512 Page 562 international 6 507 507 508 509 509 679 ) Internet 1 interpages | interpre5t 649 : 651 680 628 472 663 : 663 interprete1d 649 interprets 663 interrogations 1 interogations 575 interrogatories || interrogatories : interrogatory interrogatory interrogatory interrogatory interrogatory 2 interrupting 459 in4 itnteer5 rurpt9 irngupting 459 Interstate Interstate 1 510 introduce3d 599 | 599.13 640 introduction 1 invested investeinvdestigated = investigated investigated 548 i5n7ve5stigated 575 investigating 1 [ investigating 657 1 investigations | 575 invitation 453 invoke 2 invoke2 47: 3 474 : involve 11 involve involved 475 involved 448 involved 478 491 484 491 487 491 | 491 506 498 521 500 523 | 5533 2 2 543 534 534 543 53: 4 550 616 616 63:7 65: 1 671 675 involves involving involving involving 3 556 675 470 513 Iowa [ 510 Ira 446 446 448 684 Irvinisgolated isolated 446 6 546 523 Is elbacher1 Isselbacher issuance 583 issue 467 8 issue 467 469 497 | 497 505 issue1d4 isued 496 582 issues ( issuing italics italics 524 583 468 497 606 469 662 554 579 579 533 indication - knowledge items 2 612 itself 12 506 541 || 66216 16 J 3 615 677 : 544 640 602 504 549 626 : 621: | 651 677 674 677 677 680 ke6e7 pi5ng 4 677 Ken Ken 21 450 450 451 45: 1 453 453 : 451 454 676 677 680 674 677 450 451 45: 3 454 Jacques 1 674 JAMA 1 605 Janic 446 449 January 446 448 521 4 627 628 682 684 JEFFERSON 1 446 jojb ob 13 13 460 : 476 525 555 458 4649 44776 6 526 605 460 446644 478 555 454 || 470 635 | 661 454 470 636 kept 18 578 | 676 16 KerKshearwshaw 1 Keuper : 450 451 | 454 454 451 453 : 470 635 636 648 649 454 635 648 637 : 16 482 450 451 454 635 648 661 5 jobs 460 475 525 460 525 Joe 6 Joe 636 637 635 636 JohJonhnss Johns ( 636 636 5 56633 Manville Manville 513 535 Joiners 1 Josephu Josephu 545 510 510 jourjnal ournal 221111 journal 46946169 483: 485 488 469: 483 : 488 | 489 524 | 609 | 611 | 631 journals 490 569 611 611 632 : journals 13 20 469 494 | judged judged 495 605 631 631 : 469 462 Keuper's Keuper's 450 450 453 454 449 451 454 454 470 Kimberly Kimberly [ 509 509 457 | kind 457 | 466 469 458 469 | 475 504 504 517 518 518 | : 520 522 524 525 - | 525 526 525 529 526 554 554 | 573 581 568095 21 590 606 667 : kinds kinds 11 kinds 514 515 526 562 15 598 601 587 593 665 506 519 574 678 21 Judicial : 446 July 1 46: 9 jumped jumped jumped 1 665522 5 Junc 540 620 620 : 619 621 : jury jury 5 511 521 jury 568 573 594 justificatio}n 474 Kingdom Kingdom 1 Kinston 24 467 470 57: 5 459 484 485 485 | 491 557 | 559 | 561 578 : 490 522 491 532 557 = 557 559 560 571 573 583 624 624 661 justified 590 K 535 m 597 Kansas 1 Karrh 4 | 12 Karrh 654 65: 8 Karrh's KarrKha'rsrh'1 s 501 654 660 656: Keene 1 keenly 1 keep 161 510 479 512 545 535 524 469 6 64499 Kirkley = knew 4 knew 570 knowing 662 knowing 6 knowing 547 650 555 54 4 knowledge 650 672 knowledkge nowledg4e4 461 469 447 481 663 502 649 458 474 477 480 480 | 483 | 493 | 494 504 491 493 496 503 492 493 504 504 Evans Reporting Service Index Page 11 knowledgeable - marvelous 512 514 : 514 : 539 5588 1 1 : 515 535 5358 555555 51: 7 535 : 553 585 535 536 554 595 597 67: 3 683lawsuit lawsuit 03:20 03:20 36:10 622 628 636 642 561956 lawsuits 3 lawyer knowledgeable 502 555 : 508 492 671 492 554 44991 1 554 617 556 lawyer's 618 lawyer's 1 knows 5 4598 459 606 Knox : 453 459 459 447 lawyer 1 lawyers lawye: rs 552552 | 554 602 554 67620 laying Koch : Kodak 447 Kodak 51017 Konicide ] konimeter konimeter konimeter konimeter 598 598 8 Kraft 121 651 612 597 598 650 4 laying 1 lead 463 564 5646 leaned lea 5r48n1 least 559 569 least 20 475 457 528 505 krudman Kurth ] L 446 621 447 : | 585 585 607 577 606 636 515 labor labor : : 20 510 654 leave 636 aboratory 619 borabtoorraiteosrie]s 516 10 lac1k 634 lad1y 482 lan1d 581 landmark 546 led led 5L3ee 57 600 : 447 left 2 452 legal 15 legal 477 538 520 539 languag1e3 482 482 487 499 544 582 658 LaLnanzzaa 3 544 545 454 485 542 583 658 541 4 8 Lanza's 1 545 lap 665 497 large 11 498 : 499 491 498 499 : 541 542 542 | 618 542 664 legal4ly 2 Leg eLegg]e legislation 2 595 Legislato1r leLgeihsilgaht1 ors 1 499 500 598 L4 ar9r5 y 3 566 last 15 452 508 554708 614 647 656 l6a5t3e late 13 520 30 530 0 33 545 533 555 601 621 law 9 446 598 447 498 556 610 651 662 528 532 533 592 447 : 457 lleennggthth3 550 Leonard Leonard l5e66ss 4870 lesser 4 465 Lester 455 | 458 | 462 457 460 462 467 485 485 | 550: 470 470 21 548 550 583 674 547 601 : 453 : : 6118 652 542 20 502 : 556 677 509 525 525 528 570 450 482 519 579 606 6495 66019 645 536 681 605 534 541 542 576 515: 627 52016 508 591 : 501 513 674 525 465 565 449 458 460 467 470 491 550 556 MultiTM 556 571 556 : 559 578 560 583 585585 591 624 letter 19 522 : 557 560 10 | 649 624 649 : 642 649 16 : 677 letterhead letterhead letters 7 7 67419 675 677 level level 463: : 677 615 674 676 678 : 463 503 : 577 650 19 le4 ve7l4 s 15564 | 565 576 576 578 582 21 612 LEWIS 1 Liability Liability llibirbarraiersies10 469 480: 517 517 library librarylibrary life 4 611 life 50: 8 : 545 555555 Light 2 510 46178 577 584 447 510 511 469 469 480 608 480 611 50181 536 680 446 likelihood 2 466 likewiselikewise1 1 limit 578 limit limtaion 581 579 limitation limitation 1 limited 6 | 576 53155 46512 538 579 558802 471 491 536 limitslimits 9 473 579 580 582 1 1 473 582 line 18: 584 4 617 63: 9 : 66: 9 lines |listlliisn8tes 55100:8 580 580 10 580 579 580 2 580 666 listed 498 listed501 508 514 | 602 5436 listinglisltiisntging 3 49621 544 listslists 1 497 literatur2e8 464 474 || 47711 481 | 481 : 475 475 477 448934 475 479 488 512 : 517 : | 559 595 : litigation litigation 16 617 617 677 678 678 679 594 : 543 616 674 671 9 8 4 551 live 680 live 569 680 681 : 551 551 lives 1 515 living living 3 574 671 451 Livingston 446 683 Livingston : loca6l 571 572 577 572 611 : locate 1 626 located 494 located 56011 606 611 | locating 1 | locations 1 locomotive locations locomotive 1 644 53: 2 503 lodge LondonLondon 2] 531 : 626 longed 627 longe1d 486 longstandin]g look451 loo1 k 0 500 | 506 506 588 588 523 543 63: 2 647 657 664 665 : 483 505 540 567 604 632 658 664 673 looked 580 595 664 lloookoiknigng 7 7 : 489 494 : 488 681 471 51158 looks looks 505 472 544 617 loosc 1 618 loss 2 : 579 lots 2 642 Louisville 2 Lou6 isville low 589 lower 4 564 5 566 4 4 601 676 501 56410 565 lloowewriengst 5625 15 Adams v DcNemours 464 4635 || 463 464 : 466 463 463 463 464 2 465 : 466 482 | 468 : 2 | 591 592 | 59130 | 641 lungs 662 : 592 593 594 595 641 662 575 592 595 611 641 67: 9 654 lungs 654 578 M.D lying 578 621 MacMurraMy acMacMMuruayrray : 617 617 |magnmiatgudneitude 1 mailed 1 main 447 565 541 518 : maintained maintained 631 maintenance maintenance maintenance maintena:nce major major 608 608 555 makes makes 2 633 569 Maladics3 626 11 | : 627 man 2 629 458 7 637 management 1 493 management 5 524 | 524 5224 manager 650 manager | 650 650 583 mandating Manhattan 546 546 546 675 675 675 675 | 675 17 675 manipulatedmamnainpuilpautleadted[ manipulated manipulation manipulation manipulation 1 584 manner 2 2 514 457 3 ManufacturETS 3 manufacture 615 ManufacturETS [ ManufacturET1 S 510 manufcturingmanufacturing manufacturing 484 | 522 576 509 532 577 510 535 682 March 31 | 655 665566 mamrarkkeed d 543 616 628 666 56917 1 620 15 marvelous 2 569 Index Page 12 Evans Reporting Service Adams v DcNemours 570 Maryland 8 592 476 683 683 446 476 mcaning meanigs 574 649 meanings 1 mcans 3 Multi 560 | 661 661 memorand1a 562 499 memory 1 498 475 men 486 masked 1 Ma5 s0 s1achusetts Master's Master's 2 0 480 578 578 1 477 477 578 578 [mean1t measure 472 | 474 474 571 596 472 474 7 mentioned 481 | 488 495 501 mentions 593 597 675 mentions 1 605 Merck 1 510: match 1 material 8 568 482 measured3 473 measured 584 585 measurement MEREDITH p MEREDITH 522 571 531 572 563 || 626 467 473 measurement 581 600 Merewether merely 677 Merewethe1r6 566 670 601 565 566 566 materials materials 5 9 461 479 578 679 math } 550 5 matter 483 537 622 453 558 measurements 2 473 474 measuremnts 16 measures 479 485 473 487 | 560 561 561 562 561 562 572-4 573 600 566 575 575 577 566 576 576 577 567 557777 578 578 592 609 Merewether'sMerewether's Merewether's 576 MereMweetrheewre'tsher's mesothelioma matters 4 606 607 515 608 1 mattresses maturatio1n maximum il} 36 maymay 36 464868 475 475 629 566 580: 47419 486 487 540 542 529 540 542 537 540 545 569 586 589 589 589 596 597 599 602 606 607 608 617 618 622 622 653 675 637 659 652 667.6 McLaughlin 1 593 mcan 80 454 455 458 458 454 456 462 621 625 664 mechanismechanisms msmechanisms 561 16 medical 53 medical medical 468 15 466 468 474 474 464 464 469 477 4 47 79 9 || 485 | 488 | 489 502 483 483 486 488 490 510 483 : 488 489 502 511 512 | 516 || 517 | 523 529 || 538 | 5419 595 513 516 517 523 534 539 542 605 514 517 523 526 534 541 562 608 611 611 632-1 631 medically medicall1y medicin1e3 628 647 669 669 490 mesothelioma 18 462 475 491 491 491 491 492 || 493 527 || 575 575 492 493 527 591 mesotheliomas 493 516 574 59: 2 mesotheliomas mesothelmesoithelioomasmmeasotheliosmas 1 574 meta1l3 || 460 466 467 467 | 467 492 491 585 metals metal1s meter meter 460 466 467 492 585 522 581 : method 494 Metroplitan Metropolitan Metropolitan 3 Metropolita1n 20 Microphone Microphone 545 11673 Microphone Microphone 11673 mid 527 midlme iddl2e 538 Maryland - necessarily MILTENBERGER = ) 447 Milwaukee 1 501 mind 17 489 491 479 495 495 529 530 | 614 624 637 639 661 664 : : month)s mornin]g Morris 1 mortalit3 y 641 641 most 14 most 471 542 476 544 452 665 509 640 469 494 553 666 mine : mine490 : 490 566 587 mostly 665 582 607 583 608 Miner 21 500 minera3l | 621 mincs 626: | 4 mincs 596 599 498 521 596 639 mostly mostly 3 596 482 ( 600 motivations motive motive 11 Motley 1 650 650 674 Motley's Motley's 674 2 minimize 655 515 Motors 509 511 508 511 minimum 551 move 580 mining 2 621 Minnesota 535 MPPCF ] Mrs 1 601 multiplicative 581 Minnesota 490 multiplicativ[e minute 605 2 minute | 651 minutes 503 565 Murie2l 575 574 minutes minutes 4 534 608 534: 608 Murray Murray 3 17 483 484 483 mischaracterization Murray's 1 627 misconductmisconduc9t 449 must 5 490 625 634 | 449 | 456 | 470 455 457 504 mislead 456 Mutual 2 . 458 | 511 459 myriamydriad 1 misleading 459 misleading 1 |named misnomer 628 name 448 507 507 534 544 486 490 634 510 55771 1 490 534 618 3 missed mistaing 659 679 | misstatin(g mistake 2 659 596 631 named 580 594 7 names 497 507 502 476 513 638 544 544 563 mixe2d 487 namin)g 476 470 474 480 499 513 513 519 529 541 471 475 489 503 55119 9 525 525 542 472 475 491 512 513 9 : 527 548.16 526 | 562 | 611 528 590 611 meeting 1 meetings meetings meetings meetings 4 457 502 Melville 535 610 634 64: 2 : 457 639 509 550 551 552 member 498 555 560 562 | 564 j 585 558 560 563 566 587 603 603.14 605 603.14 | 620 = 623 631 643 649 651 | 662 663 558 560 564 573 591 604 614 630 645 660 665 499 499 member members 12 | 498.7 499 502 497 499 | 500 | 512 mebership 517 509.2 516 599 510 516 m5 em0b6ership [ membrane membran2e 599 | 599 mem1o2 483 666 678 667 679 667 = 679 | 615 621 619.8 646 619 647 682 647 647 661 midget midget : 599 599 might 33 16 472 473 473 475 || 499.8 | 512 | 524 | 542 550 | 614 | 674 487 503 512 524 542 590 622 675 681 681 1 mile 574 million 18 581 581 583 583 7 584 mills 490 596 599 605 639 597 598 471 471 474 474 494 504 516 525 543 564 643 677 547 581 584 596 605 modeling modeling 2 modern 590 : 483: moment moment 1 66: 8 Monday 614 2 moncy | 619 monitor 552 472 508 510 | monitored monitored 4 468 564 467 579 monitoring 471 472 583 600 Monsanto 1 Montague 483 month 2 573 monthly 2 496 510 510 483 496 494 Nashville Nashville 2 national national 41 national 494 494 495 496 | 49614 496 | 497 497 497 497 | 499 501 505 | 506 : 500 501 505 506 509 | 510 | 551365 510 519 naturall1 y nature 4 | 505 529 near 575 necessarily necesarily 6 : 508 473 494 496 496 497 498 500 503 505 508 13 516 528 622 461 643 475: Evans Reporting Service Index Page 13 necessary - ought 475 498 475 : : 51: 2 : nccessary 6 61310 618 618 ed 461 23 463 495 463: 504 : 473 505 506 511 529 529 54: 4 611 Nickel Nickel 1 night 1 677 nin1e 639 NIOSH 2 526 No. 2 446 nods 3 639 | 675 NonNon [ 618 50: 9 519 446 640 MultiTM | 554 565 555 569 555 599 628 630 642 638 number : 30 520 521 538 544 629 639 520 538 544 544 550 587 545 568 3 546 : 577 occurred 456 461 | 546 652 596 670 October 2 off 35 452 452 452 | 41 807 : 495 | 500 507 Adams v DcNemours 456 473 596 670 567 650 659 | 672 ones 7 [ 506 605 654 659 480 536 665 452 464 : 495 507 ] onse 56t 6 opened 1 OperOapteirnagtiOpnegratingOperating 655 661 496 605 677 508 508 668 670 : 4 needed 554 562 needs 3 | ] 670 noncorporate : 511 610 : 614 3 490 566 507 nonform | none 562 640 648 nonform 537 numbered 670 652 674 nogvernmnetal ongovernmenta[l numbered 2 615 : 668 557 520 581 | 604 626 661 536 585 613 627 666 573 585 613 627 668 operation2s operations 664 opinio1n3 13 | 463 457 : : 537 589 623 454 461 597 597 656 659 659 659 659 660 661 neighborhood 1 463 neither 21 660 3 Nellie 1 Nemours 511 44 4747 511 neoplasia 674 Ness 1 674 Netware Netware 637 482 446: 589 : 681 Network 1 78:21 15 574 590 634 637 671 : 508 544 613 664 DCW 483 508 541 550 573 : : 574: 586 588 622 622 622 641 18 : : : 642 644 Newall 675 3 676 53: 5 5 Newhouse 574 575 574 575 : 590 Newhouse's Newhouse's Newhouse's 4 Newhouse's [ News 11 494 ] | 462 nonoccupational 463 591 543 552 nonresponsive 19 493 498 516 Numeral 1 oath 448 632 567 516 555 575 584 526 567 580 587 532 573 582 593 object 569 616 object 22 object 455 516 468 526 453 493 527 594 617 618 : 573: 575: nonresponsivencs nonresponsivencss 2 noresponsivencs | 527 53710 nor 4 66: 0 683 : 580 593 651 651 584 627 655 objection | 68:3 683 1 Nordmann normal 1 610 463 objection objection : 25 459 | 493 498 516 518 56519 587 634 662 456 459 516 519 North North 501 521 510 522 523 532 571 561 : Notary 2 | 683 note 3 576 677 491 521 522 557 571 11 446 677 531 7 567 || 594 537 582 617 | 618 618 634 641 objection2s | 537 1 obligations observed obligations 641 555 587 618 624 658 459 664 468 : notes 4 574: notes 676 684 nothing nothing 502 529 580 636 638 657 679 679 66: 6 448 560 636 678 679 observing observing [ observing 1 obtain 3 | 464 607 | obtaine2d obtained 15 obvious : 474 454 : 454 520 notice 61 581 581 528 675 obviously7 515 527 466 632 oferd 601 607 offered 1 offering 1 6 office 628 674 675 677 5 officer 499 499 618 officers officers | 498 506 499 499 506 offices offices 2 of ices 513 official | official 4 507 507 officials oficals 501 | 523 501 often 676 676 Ohio2 501 Oil Oi2 l 509 old 542 592 once 1 46: 9 ] oncology one 75 451 457 476 | 482 500 483 503 | 505 | 523 534 510 523 535 496 497 501 503 503 505 500 505 : 676 681 noticed 673 540 664 666 682 occasion 546 occasiona1l 524 557 | 563 564 558 558 575 newsletter next 508 508 5085 508 588 609 610 622 496 508 : 508 562 609 623 noting November 496 548 549 556 606 639 646 654 493 455 548 562 642 occasionall1y ocasionaly 529 occuocpupation ation1 463 oc upational occupational 16 ocupational 486 518 519 519 520 520 579 592 | 605 609 609 610 583 597 607 609 609 610 525 43 647 626 643 662 626 644 680 NGOS [ 679 573 nice nic1e : now 454 | 465 | 475 | 485 455 468 = 482 496 14 520 530 451 460 472 482 506 533 525 525 574 | 586 | 609 574 587 oc uroccur 2 518 526 574 590 473 612 | 620 | 626 628 | 644 : 617 626 626 626 64: 6 563 466 533 674 498 499 : 497 499 508 446 497 580 500 511 45: 3 647 634 572 562 457 481 496 503 513 531 545 562 562 576 584 602 608 609 610 610 610 620 626 628 642 461 462 466 480 502 529 529 595 601 601 606 624 | opportunities oprtuniesopportunities 1 oportunity 464 opportunit4y 539 540 543 588 opposed 506 opposed opposed : : 466 18 521 optimstic 561 561 optimistic optimistic 4 589 option 590 : option ] 587 640 475 order 13 471 | 504 | 589 472 566 620 462 474 584 621 orders 668 670 orders 1 672 565 ordinary 639 organization organization 3 7 organizational organizational organizational organizational ] 675 organizations organizations organizations 10 502 509 510 | 511 528 512 676 528 677 orient 679 orioernitent 15 554 orientin)g = 486 | origina2l 597 598 2 originals 668 Orleans OSHA 5 526 579 || : 581 581 592: 55992 2 666 510 519 579 583 : 597 600 664 664 665 OSOHSHAA'S'1S otherwise 3 616 677 oughtought 1 0 66 65 4 583 615 553 Index Page 14 Evans Reporting Service Adams v DcNemours outcome 683 paragrap1h0 621.9 Multi people 61 457 599 612 649 outcome plan2t1 possible 460 outline 627 pardon | 493 personally 2 | 628 6353 2 | 643 644 1 | 648 648 parliamentary 656 [ 3 plants 662 629 638 : 644 644 648 652 658 662 633 642 : 644 646 648 656 659 | pertain joutright outside ] | | 3 | outside 8 | | pertaing pertaining 526 592 | | Petroleum 1 599 600 515 462 462 597 656 overall 644 603 645 overall 3 494 Philip 514 576 | 672 Philip ( pleura overwhelming 3 people's 586 589 589 1 photographs pleural Corning 1 535 5535 35 Illinois Owens 1 participating 535 particle | physicians OOwwnn 531 458 16 600 528 : 607 | 4 | 1 546 640 647 653 pardon 589 parenthpeartenithceatilcal 1 630 [ Park 510 } 483 part 32 450 470 471 483 486 470 472 486 493 519 498 524 504 538 546 585 554 587 558 606 | 616 630 644 | 663 616 633 651 666 616 633 653 666 participated 3 496 497 523 U 545 583 particles particles 583 5 58844 Owner particle2s | 2 pick 14 || Oxford 2 | u picking 627 626 particular particular 492 | 497 498 51: 6 523 524 525 533 543 557 74 4 574 582 594 497 499 517: 524 524 526 535 551 574 574 578 583 594 493 618 497 508 52: 3 personel personnel 625 623 524 525 526 535 566 574 574 579 persons persons 461 475 629 639 pertain 537 537 pertaining 679 12 457 506 537 538 587 509 600 Philadelphia 1 644 646 653 672 people's } Pepperell 13 ppe er r 581 581 19 498 498 581 15 581 583 583 584 679 perceive 646 perceived 645 651 672 450 Phili3p1 509 535 Phillips 447 509 509 548 548 : 581 581 584 1 557 physical physical physical = 52: 1 physician : : 670 671 physicians 670 : 671 562 645 646 658 669 pick 511 577 646 647 677 485 521 562 : 578 654 486 521 562 64: 3 655 487 532 574 64: 6 plant's 1 658 13 482 487 514 521 523 533 578 57: 9 478 514 522 575 599: plastic Plaza 1 pleasure plenty 1 572 447 524 544 pleural 2 : 592 493 : plu2s 525 PO2 650: point point 16 455 473 548 506 585 615 618 638 639 571 65: 0 449 471 536 588 623 647 particular 474 472.11 521 p.m | | 31 Point Pepperell 538 pointed 586 613 538 585 586 613 627.5 669 669 669 [ 672 | 1 682 policing Pacific 1 page 51 521 538 586 604 627 669 682 509 469 474 493 : 495 487 505 505 556 646 | 648 particularl2y 493 658 particular1s parties 9 512 517 603 616 663 448 543 677 percent percepercent nt 556 556 | 639 640 640 640 672 555 555 593 640 671 percentag1 e 465 percentages perfec1t 578 perfectin1g 578 picking 1 picture picture 555 576 | piece 597 pilc 668 pile1s 578 pilot 647 pip4e 560 pipe 600 609 471 50: 4 572 Point 1 509 1 pointing 1 points 5 559 577 policing ] 111 575 593 539 601 592 471 policy 496 parts 531 performed 588 501 541 589 506 545 608 683 683 par 3t 45s 1 parts 581 581 perfectl1y performed 2 13 642 500 500 pipes 31 560 573 560 : polutantpolitic1s polluta1nt4 472 9 472 520 471 472 Pittsburgh 608 608 party perhapsperhaps 11 474 617 pass 474 474 628 629 629 | 632 683 pollutants 640 | ) 642 patholgist 644 pathology pathology | 648 17 610 611 626 629 630 630 635 642 643 647 651 610 617 627 629 631 635 642 644 647 651 656 659 656 pathology | ] 1 1 535 060 661 661 616 portion 530 684 684 3 party 534 3 3 673 534 588 passed passed 468 past 468 519 519 674 pathologists pathologists 466 5 562 paticnt 3 660 661 467 524 486 perhaps 604 675 56060 3 3 604 625 perilous period period 14 445 566 445588 480 487 555 566 | 622 674 670 618 455 460 514 571 670 periodic periods 7 564 565 583 564 565 1 535 473 473 place 518 525 561 : 561 : 625 488 547 582 665 : 475 pollutants 2 : plpalcaecded fy placc3s placs 520 674 plaintiff 546 547 548 556 601 pollution p5o7l1 lutipoonllution 476 11 470 476 476 population 448 population 548 Porter 616 473 : : 471 470 472 477 634 558 555 575 14 pages 10 peripheral 584 584 607 608 pay plaintiff's 8 635 | 644 635 648 1528 505 635 642 652 pausepaus1e 3 460 ' 551 payment payments 626 477 553 678 576 peripheral 631 permissible 1 579 | person 14 449 553 554 | 666 553 616 529 553 617 642 661 652 portions 658 660 593 658 538 paid 5155280 548 ] 463 484 484 6 550 553 553 550 Pancoast Pendrgas [ plaintifs plaintfs 11 Penn | paper paper paper plan | 611 1 papers papers plan 21 1 1 550 608 546 642 peak 4 479 479 479 670 Pendergra6s0s8 447 Pennsylvania 2 447 501 657 669 669 670 670 670 : 671 person's 508 461 personal personal 4 5 588 5 5 plaintiffs 446 447 555 674 plaintiff2s 554 446 453 453 611 612 : plans 11) 551 Portland position 6 524 524 | 650 658 possession possibility posiblepossible 5] > 501 456 524 605 582 470 Evans Reporting Service Index Page 15 possibly - read 570 572 622 659 possibly possibl4y 530 542 515 559 tency1 tential7 594 615 655 657 potentialy potentiallypotentially pounds power 3 514 572 589 472 655 658 574 : 471 511 practicabl1e 599 practical 2 558 623 practice 3 524 595 practices 478 577 478 477 preambl2 e : 633 633 precede2 d 597 598 precipitator 1 598 precise 1 588 predpriedicct t 1 predictions prediction1s 5 preface 596 633 : 671 671 582 635 prefer 2 608 473 referred 61 520 [ premature premises 546 547 634 546 preparation 4 455 548 550 644 prepare 1 prepared 10 554 558 614 616 627 628 614 541 614 616 660 presence 497 525 11 : : 528 present 8 457 458 639 639 674 447 551 670 presentations 2 574 590 presente5d 563 578 642 531 640 presenters 1 641 presentin]g 574 Multi prevalent 597 597 599 599 preventpreven3t 612 623 655 | preventative 1 prevntaive 485 prevention 640 previouprsevention | 537: 537 previously 568 previousl1y3 519 526 528 : 542 448 Price 577 primarily 2 576 676 primary 1 655 583 || 602 669 585 603 670 596 621 profess 1 499 professional 2 498 526 profesionalyprofessionall1y 559 professionals professional2s 528 534 program 521 547 programs 642 643 programs 648 : project project 2 477 547 592 650 primitive principal principle principle 1 Principles printed 1 privacy 1 private 2 private : 634 591 : 592 563 627 680 545 545 prolongedprolonged prolonged prolonged 1 [ promote prpormoomtoetded [ promotin1 g promotio]n pronounce 589 637: 637 637 538 516 probability probabiplity 6 ro7b0abilit2y : probable problem 471 480 | 490 588 504 593 | 605 660 623 669 problems problems 471 519 653 : 66: 9 633 471 488 567 593 637 671 449 527 : proofsproofs 1 1 539 proper 3 = : : properly 572 642 properly proprtion 596 1 proportion proposin1g | proposition propositions 1 570 572 641 601 591 propositions { propositions 606 protect 5 450 515 518 594 623 proceed 1 605 483 proceedings procedings 3 | process 471 process 486 487 | 57618 596 596 : | 629 ] processes 572 Procter 509 produceproduce 3 3 62: 2 622 623 produced 558 621 665 666 producing 1 product ] product 570 570 production 596 615 productio1n products 39 464 464 484 569 576 615 682 461 464 | protected protecting 1 protection protection 481 519 | 521 526 protective 600 prove prove 589 4 590 667 provide 5 539 542 | 612 provided provide 496 497 | 505 515 | 572 572 628 632 provision provisions 491 502 474 520 638 522 589 : 516 572 496 497 546 585 667 630 664 523 || 529 : 631 523 530 683 523 563 publicati1on3 496 496 497 497 498 505 505 505 545 539 publications 512 545 publications 8 469 469 479 | 494 498 516 publicly 525 594 publicl2y 449 559 publish 1 529 published 43 478 482 483 483 48: 3 513 540 544 | 559 | 569 591 593 596 609 44990013 521 541 544 565 573 593 594 608 609 49: 3 524 543 555 567 576 593 595 609 610 627 663 | 664 665 publisher 539 539 | 541 541 publishes 678 publishes publishes 1 1 publishin3g Pulman 523 545 ] Pullman pulmonary 4 pulmonary 19 pulmonary 664 672 539 541 678 680 : 513 501 621 647 pulmonology 1 16 purchase | 540 purchased 540 531 ppuurrchacsehr aser purchasers pure 2 629 purport purpose 5 | 675 677 purposes 677 purposes pursuing 544 654 pursuing [ pushing 1 put 489 542 541 629 652 655 677 544 655 637 637 518 Adams v DcNemours quality quantitative 473 quantitative 672 quantity 3 quantity 494 465 : Quebec [ question'squestion's 1 ] questioned questioned [ questions 14 457 469 || 506 614 673 537 637 673 535 637 : 587 457 481 567 673 682 quickly 682 quickly 1 quietqui 3 e 64t8 | 649 quietly 661 649 651 qui2t 459 quite : quite quite 530 559 591 592 459 516 587 657 quotation 587 | quote 6 588 588 489 589 662 675 quotequdoted 2 545 quoting quoting 2 = 634 18 R R 661 radiolog2y 609 r|ailroa7d 502 502 | 509 511 : railroads railroadsrailroads19 Railway 658 Railway raise 2 658 raised 1 554455 634 562 501 502 536 500 503 509 660 485 ran 540 range [ rangin]g ranking 564 639 639 rare 493 3 rate 460 548 641 rate1d 589 rate1s 595 | 5 rather 577 589 | 680 rationale raw 531 482 499 622 661 487 Manhattan Press 626 627 2 presumably 605 75 retty 5 520 565 611 [ 480 606 : | 514 | 519 522 532 | 546 560 570 514 519 528 532 559 560 570 515 522 531 532 559 570 574 proximty 671 proximity 14 public 470 470 | 471 471 | 48:1 47:6 465 446 471 474 47: 7 561 595 | 657 657 | 660 putting 5 putting3 | 661qualified qualified 600 658 : 545 660 : 21 2 entrainment 623 reached reached 672 reaction 1 504 | 72 rea4d 68 478 483 483 486 : : 503 Index Page 16 Evans Reporting Service Adams v DeNemours 503 507 513 530 543 587 589 623 625 631 633 634 634 637 638 640 643 506 511 516 533 565 588 613 623 625 631 633 15 634 635 638 639 640 644 507 511 516 534 565 588 621 623 626 632 634 636 638 639 641 644 538 586 586 613 | 669 | recipient 627 68: 2 669 recipient 649 recircul2a6t2e3d recirculated 624 reckless 513 4 recognition 573 recognition 594 619 621 recogniz] e 493 3 recognized recognized 594 621 527 recognizin]g 668 recollectio2n 598 recolection 651 Multi 610 612 621 | 642 676 1 references references 7 refrencs 593 607 1 | 613 635 referencin1g referred rely 546 604 refred 2 | | 619 referring 625 513 608 676 634 498 605 626 referring 7 540 re6fri5en8efriee6rss54 656 ] request refineries | 12 refineries reflect 1 661 609 514 558 relatively relatively relatives Reader's - responsible 5 67350 representrateiopnsresenrtateionps resentations { { relevant 1 reliable reliance 11 relied 1 rely 479 relyingrelying ] remainder remained remark 494 587 582 594 594 634 606 666 532 486 representative3s repsentaives 497 501 556 3 represented 459 536 536 representing 4 448 619 675 | 677 represent1 s 548 request 545 548 657 674 remarkabl1e 484 remember 451 452 487 496 requested 1 553 requestin1g 666 requir1e 583 656 659 658 15 65915 660 Reader's 1 Reader's 1 reading reading 477 | 480 486 | 498 511 655 660 rcads 111646 111646 real2 519 realize2d1 = 579 really 31 658 recommendation [ 660 recomndations 642 8 recomndatiosrecommendations 3 511 recomendations 450 577 648 recommended 13 570 448 477 490 605 recomendig 677 recomende 577 578 579 580 580 580 584 5 58841 581 647 | 657 recommendingrecomendingrecommendirnegcommending 581 551 524 record 45 record 452 452 452 454 448 452 467 468 | 495 495 495 582 reflects 1 613 631 636 464 rembering 646 679 Refractories 2 447 447 r5 em6e3mbering 1 refrain 1 regar5d regard 512 610 673 regarded 579 regarding 16 595 615 643 673 678 || 681 679 682 634 480 641 483 remova1l ]1 removed rendering repairin]g Repauno 655 572 572 548 629 654 481 638 677 680 682 repeatedly 1 2 repeatin] g 1 repetitive | rephrase 596 671 453 519 480 464 600 464 600 597 664 665 requirement 2 600 600 2 requirements 576 664 requirin2g 629 resarch researc1h3 476 476 | 493 543 resrved 555 555 596 468 490 555 636 reserve1d reside 1 459 565 484 487 489 516 13 517 522 541 568 589 645 518 529 549 575 601 646 reason 6 484 518 667 674 reasonable reasonably 578 578 reasonin] g 2 reasons 525 recalls [ reassuring 2 569 receive receive 131 631 632 received 7 469 497 11 615 631 receiving receivin2 g 488 517 520 541 555 575 618 678 481 660 543 492 492 634 481 582 489 541 541 469 523 681 516 516 | 565 573 | 585 586 | 6 61 02 414 | 604 613 | 613 627 | 627 635 | 658 658 666 666 669 669 recorde 682 683 2 recorde1 d records 552 redirecting redirecting 2 reduce reducing reducing reduction 131 475 641 refer 490 526 536 30 reference r4 e7 fe3re4n83c3e0 587 598 608 || 608 608 608 585 604 604 613 627 636 661 669.7 683 469 : 627 475 11 621 4735 498 17 465 545 605 608 610 Register 2 regular regular 600 : 509 505 : | 482 | 482 490 482 482 523 482 483 524 regularity regularity 1 1 regularly 2 regulated 579 465 674 578 554 | 575 | 577 | 592 635 558 575 577 609 638 575 576 577 609 638 regulating 2 regulating 2 regulation regruelgatuiloantion 114411 592 regurlegautlaitioonns5s 638 640 641 regulators regulator1y 591 591 55883 3 641 579 641 591 584 638 640 647 | 657 | 660 656 658 661 | 661 reported 12 reported 484 488 493 || 671 489 589 671 642 657 659 661 446 487 490 636 rehash 649 rehirecdy reinstated 477 reinstated 477 477 reissued 2 581 reissued related related 10 555 555 related 568 568 568 653 || 657 653 680 657 683 1 reportedly 490 repor: ter 56:6 50: 3 666: i REPORTING 446 reports reports 15 reports 479 604 604 606 606 467 523 606 607 resort 578 resources 471 respect | 450 | 450 455 450 452 460 | 464 | 468 474 || 481 490 || 497 502 466 470 475 488 494 500 505 | 513 | 523 529 514 527 539 543 546 550 552 | 565 556 598 601 : : 619 624 643 652 663 449 450 454 463 467 470 480 490 495 502 506 521 529 541 550 552 557 602 : 642 654 respectfully 1 567 respective respective 3 448 4 respirators 475 respirators 572 623 625 468 468 598 598 recentlyrecently recently recently recess recess } 15 452 495 521 521 20 44 5454 4 45522 495 538 p 646 646 64 .1 648 | 648 655 655 652 659 659 6 refrenced 660 661 referenced 644 648 655 659 659 489 681 relating relatingrelatin1g31 679 682 relation relation relations 17 477 56: 0 510 656 660 represent 674 representation representation representation 2 | 459 459 541 0 4 654 response 6 response 565 579 666 66 6 67: 1 55: 0 612 responsible 5 2 9 51 91 responsible Evans Reporting Service Index Page 17 responsive - shows responsiv2e 674 677 | 617 619 617 619 responsiveness 2 459 537 est 511 531 48:20 restrictions 1 restrictions 528 result 7 496 533 628 628 628 636 642 2 resulting 602 515 3 retained 556 675 675 retreat 2 590 590 retrieve 1 [ returned returned 666 : review review 1 reviewed reviewed 544 48: 0 524 461 557 557 : revolving revolvin]g rig 513 right 186 561 : 637 449 621 622 | 624 6238 | 634 | 638 | 643 647 | 650 | 655 | 656 659 663 | 665 673 621 623 624 662338 634 641 644 648 651 656 656 661 663 668 678 ripout 1 rise rise 503 503 rising rising risk riskrisk 24 463 463 465 468 491 492 533 | 564 564 569 57198 | 645 : 454 455 457 460 461 41666 5 .70 472 474 477 481 484 485 487 489 455 456 458 460 461 455 457 458 460 464 464 5 740 65 470 471 472 472 475 476 478 478 481 482 485 485 485 485 488 488 489 489 | free free risks 468 risks 515 515 road 646 672 2 road 446 Roads Rober]t Rochdale 640 Rochester Rochester rol2e 498 roll 1 608 Roman 496 490 494 ro3o4m 87 617 620 621 624 625 630 633 636 642 647 648 652 656 656 662 664 67: 2 573 593 : 466: 463 466 491 558 568 595 : Multi | 496 | 497 498 497 497 499 497 500 | 500 501 || 501 501 || 505 | 506 | 508 511 | 516 || 519 519 | 528 | 635 || 663 sale |sales 1 501 501 501 501 505 506 510 515 518 519 520 635 662 664 615 531 : 501 501 501 503 505 508 510 516 518 519 520 635 662 sample 557 samples 1 sampling sampling sampling | 598 599 : 557 : 47020 599 600 601 601 | Sarah Sarah 536 | 681 537 447 537 : : scientists 1 screening screening screening se 498 seal 683 second 597 621 626 644 652 Secondly SecoSencondldy ly secret secretary section | 50169 : 506 sections = sectors 1 See 51 463 Se 474 463 : : 488 490 498 519 || 545 566 500 531 564 567 | 570 587 | 560990 569176 : 574 : 647 679 : 452 638 653 622 545 592 498 35 506 577 : 487 : 491 511 539 565 569 587 607 620 Adams v DcNemours : sequence sequence sequence 652 3 series series |serious 6 502 503 547 575 505 : 456 461 515 seriousl1y 657 3 served 524 550 665 Service Service 14 521 | 508 . 523 523 | services 529 446 522 523 services 546 | 3 548 675 | sessio]n 537 : : se:t 46: 3 643 643 643 683 sets 666 settin1g Scven 2 several 608 14 several several 497 518 482 608 470 558 541 1 saving 16 478 saw 513 565 | 524 657 572 659 667 501 : 632 640 510 : 500 sawing : saws4 572 says says 4 26 64 486 : | : 541 587 543 602 612 621 629 629 632 648 660 16 582 | 662 662 543 524 625 664 572 572 : 475 506 : 544 602 622 639 661 678 | 1 639 | 651 | 659 659 | 674 : 642 655 659 660 661 | 3 seeing 541 646 seekin1g 4 seem 4 652 : 475 : 664 sclcct Selikoff 8 569 570 645 671 Sclikof's 672 644 658 659 660 664 482 619 50: 5 524 546 571 672 severity1 1 589 shape 565 shar 63e5 Sharon 3 446 683 683 |sheet 13 she t sheet 466 460 466 467 467 467 | 467 491 492 585 | sshheecctitnigng [ 492 585 72 sheet]s shipyards 6 529 529 617 514 533 | 533 Shoc 2 576 509 513 : 505 511 519 : 534 : 536 542 545 546 550 552 559 562 566 569 570 583 585 91 93:20 605 610 614 : 505 513 519 : 534 : 538 544 546 549 550 553 561 562 567 569 570 585 587 591 601 608 612 614 504 507 517 520 533 536 : 539 545 546 549 551 558 561 563 567 569 579 585 590 593 605 609 612 615 routing routing royalty 1 Rubber rules 1 618 run 533 | 646 2 running | 670 Russel2l 609 S 650 S4T 2 66: 3 Sach1s 5 safe safe 582 57: 9 582 safeguards : safety 60 1 494 494 496 496 : 498 678 509 : 557 : : scarring 2 scattered 2 67: 9 Schepers 12 45: 0 45: 2 453 470 518 609 | 586 586 [ Schepers 3 452 493 Schmidt 665 : 509 57: 9 594 school 3 481 563 | science 5 : 545 510 545 559 570 Sciences 450 494: 496 13 scientific 474 477 | 481 493 514 534 486 525 450 453: 573 587 449 447 481 50: 8 545 644 474 479 512 535 seminars send send 5 seminars 609 609 676 677 sense ? sense 491 : : 515 | 603 516 603 | sent 10 530 539 550 | 562 562 675 676 sentence 621 622 622 639 | sseentennctes ences ) separate 7 499 505 | separtd 646 675 separated 4 separately | 499 591 Septembe]r : 563 676 677 470 504: 573 539 551 659 569 622 653 47: 2 458 549 678 591 493 666 496 Shore | 1 short 464 | 6 short 464 505 622 sshhortenorten 1 sshohrtesot rtest [ shortly show | 489 498 530 569 614 587 : : showed showing 566 640 sshhoowwii ngng 7 533 545 575 shown shown 573 show: s 497 497 | 499 506 501 464 551 507 622 556 489 499 569 636 636 495 489 : 574 465 498 506 Index Page 18 Evans Reporting Service Adams v DeNemours 616 629 661 616 641.9 627 648 shut1 626 ick1 578 sid1 e 504 sid 2e54s3 signal 1 signatur3 e 617 617 602 574 617 signed 21 628 616 significanc2e 641 667 significant 3 529 574 584 signing 1 silence 13 603 603 448 546 silent 1 651 495 564 623 508 584 634 someplace 2 676 508 618 657 597 sometime 5 540 598 669 534 663 sometime5s 475 475 676 475 480 somewhat 2 640 524 somewher4e 513 580 638 680 sooner 1 526 sophistication 3 527 535 579 Sorry 13 456 461 514 526 454 514 565 Multi speculation 6 453 516 518 587 587 590 speed 2 507 507 spendin1g1] spent 2 549 480 547 spin 1 587 splashin1g Stop = 510 sta61c55k7 630 630 646 522 620 632 stage 1 487 stamp 3 628 658 469 stampin1g stamp1s stand 1 469 469 459 510 528 545 592 608 518 528 554 592 608 523 535 580 592 stating 1 statistical 2 634 606 575 Statistics sta1 y 604 steam 1 Steel 6 501 509 509 515 493 502 501 510 stenographically 1 683 step 1 646 STEPHE1 N Stevenson 2 621 446 619 shut - suggesting 478 533 534 543 544 544 559 576 559 591 559 596 605 645 study 6 578 590 641 647 545 640 studyin]g stuff 11 545 554 572 620 665 667 681 466 511 572 665 675 subchapters 1 536 subdepartments 1 529 subject 15 466 485 490 490 534 537 457 485 494 537 similar 31 593 609 474 586 648 602 650 635 661 standard 26 473 544 473 545 Stewart 3 634 634 609 555 649 648 651 649 similarlyyy simple pr simplify 2) simply 5 527 534 574 475 457 487 475.2 572 single 4 524 580 situ 549 sit2e 681 site1d 608 site1s 533 sitting 2 603 494 634 681 592 situation 2 484 474 six131 452 549 563 ski1p1) 508 skippin1 g 545 skyrocketed 1 531 slow 1 528 slower p slowly jay small 2 552 614 555 smallest p 622 sort 560 670 520 601 549 653 sorts 1 670 sounds 2 605 587 source 4 534 556 South 161 490 490 597 674 Southern 4 509 510 Southwes1t) spackling 1464 sparse 1 speak 31 612 653 475 634 447 510 508 535 446 1464 676 571 speaking 2 563.16 515 speaks 1 special 3 572 580 662 525 specialist 647 specialization 1 468 specialized (1) 499 specialtic1s 562 547 583 584 662 663 664.1 665 665 548 583 601 662 663 664 665 standards 5 518 638 664 579 583 603 663 663 665 665 474 664 stickies 1 sticky 1 still 448 453 463 529 563 671 647 666 451 474 596 stipulat]e 511 stipulated 1 448 STIPULATION 1 448 standpoint 2 529 start 7 518 597 489 519 601 starte8d 482 519 526 555 595.8 starter[s starting s 520 582 672 starts pl state 271 468 479 493 508 521 521 521 522 471 512 547 458 458458 18 521 555 521 555 521521 18 16 529 502 652 589 459 493 510 521 523 stop 2 511 stopped [ Stopps 23 450 450 470 483 562 573 574 619 622 630 641 641 644 644 652 608 468 449 464 483 574 621 630 644 652 Stopps 2 642 638 storage 2 578 578 story 3 504 580 640 straightening 3 486 subjects 2 678 576 submit 1) submitted 21 616 618 550 subpoena 612 613 674 677 550 665 subsequen1t 621 subsequently 2 477 478 substance 2 682 594 substances 5 563 580 594 481 591 substantia9l 461 461 462 462 497 519 461 461 464 substantially 4 502 503 504 547 substitute3s 570 571 571 success 1 successful 3 514 514 such 18 515 514 468 smoke 31 591 595 591.5 specific 27 455 457.1 455 457.6 523.5 533 523 592 530 592 Street 6 447 447 446 447 469 513 473 526 492 541 smoked p 595 462 462-19 467 592 618 618 447 569 545 582 596 smoker smoking 9 * 468 468 8911 594 595.9 595 468 465 468 595-3 Society 2 510 508 sol2d 464 solely | solicit py 531 504 549 someone 10 462 468 474 482 539 559 606 659 470 478 506 556 569 606 670.7 470 482 536 557 583 658 specifically 15 452 461 463 480 500 522 535 536 537 560 585 615 657 657 678 618 683 647 683 662 stateme1nt8 543 544 567 567 508.2 568 209 569 590 = 593 629 662 540 544 567 568 569 609 statements 4 582 582 states 181 490 = 490 487 61811 479 501 strict 603 strike 2 580 625 553 strippin(gi; 572 strong 2 523 518 stronger 1 struck j1) structure 1 struggle p studies 15 656 541 498 520 465 600 626 642 622 628 674 625 634 sued [ 619 suffer 2 547 461 sufficien1 t 646 suggest 3 566 607 649 suggested 2 658 637 suggesting 1 651 Evans Reporting Service Index Page 19 suggestion - type TM suggestion 501 4 1 suggestive suggestiv2e 659 it itable 484 itable 1 Sui 2 t 44e7 technique suits 612 486 640 447 1 1 486 521 522 Transcripts 1 Sum 547 1 1 tc um 4 || 5 summarize 652 targets task 2 : tasks 1 559 taxes 1 552 technical technica3 l | 527 535 1 techniques technology 510 571 583 554 472: 581 601 508 600 Multi text 618 674 text 449 488 530 602 textbooks 2 525 textile textile 19 484 484 469 484 486 523 567 535 565 575 576 Adams v DcNemours tie(s 660 time weighted [ 582 559 562 training 2 525 481 times 5 551 552 676 Tire 509 546 587 ' transactions 1 | 505 transcript transcript 472 489 489 683 tissue 1 tissues 462 462 Transcripts 587 transmittal 647 674 675 title 18 478 488 67618 superintendent 2 1 635 635 tccum 2 677 674 texts 579 599 texts 664 639 : : : 590 628 650 509 2 509 Transport superintendents 2 | 1 650 651 superior 2 | 4 1 635 supplemen1t 609 Telegraph 1 Telephone | 510 Television 508 508 508 thank 10 530 545 590 615 663 504 569 632 673 titled TLV 581 | 581 582 1 530 581 tratumraauma Traveler]s 634 : 509 579 supplements teling Thanks TLVtoSbacco 582 ttrriaelated 532 541 3 541 541 telling 3 554 636 545 Thanks Thanks themselves 457 tobacco 2 591 591 16 472 537 547 537 547 2 today supplisueppdlied 3 558 607 : 558 | | supported 1 1 therefore 623 | suppose 8 supposesuppose 499 tendered 475 499 546 515 together 8 630 618 466 551144 550 = | 2 supposed [ 592 suppress 602 603 thesis 602 603 terms 1 5 suppressi5o 1n 4 515 517 535 | thinking Tomashevsky 575 surfaccs | 522 surfaccs 1 = |thirdly 1 too 1 uruprrispedrised 530 true surrounding tok | 622 surrounding | | survey 1 521 642 suspec1t 589 suspecte1 d 486 testifies 453 1 suspicion1s 485 testify thought 5 truth sustained 484 1 | 2 try sustains 574 | thousand thousands 1 try 11 590 Sworn 3 448 617 683 7 | 2 Symposium | 3 trying Symposium 610 ] testifying totals Synagogue 510 1 testimony | sysstyemstem 6 : 509 623 | thre touched 674 675 50: 8 654 tumors systematically 1 threshold 579 579 494 temporary] 583 teD 674 minute 615 619 662 8 616 632 495 : 614 617 633 tenure 1 631 term 512 603 10 | 465 484 494 494 565 566 : terible terrible testified 483 519 552 561 605 454 491 499 566 566 589 448 551 588 612 testifies 453 466 551 8 524 558 602 testifying : : 476 552 552 555 testimony 28 481 48: 8 489 29 537 491 530 548 448 551 559 453 : 552 555 472 489 496 530 556 524 thetrheearfetaefrter 1 therefrom Thereupon thermal | thesis 2 555 thickening thickening thinkin3 g 646 646 third thirsd 611 640 652 thirdly Thomas 627 Thompso2n 575 thorough thought 582 606 thousands thousa1 nds threat 575 tthhrearteneed atene[d three 7 496 520 568 639 674 threshold threshold 458 497 602 682 598 480 657 567 621 656 622 616 575 today 9 536 550 607 665 673 677 today's today's today's together 524 617 621 | 660 token 1 tolerate 449 605 673 54: 8 502 580 628 528 582 [ 647 too 513 453 523 took 471 493 515 521 547 | 563 593 566 460 593 477 518 551 592 595 tools 562 543 627 top 581 topi 49c2 topics 543 topping 11 575 totally 658 678 477 : totals 508 621 touched 2 2 665 toxic 463 toxic 594 Toxicokinetics 543 505 479 484 552 494 594 547 | 551 552 666 548 551 552 666 548 551 558 | trialtsria5 ls 52 trick 684 trick 456 555 tried 549 566 Trip 7 449 464 | 638 638 638 642 647 trippin1g = 510 trtoruobulbele 563 trouble 644 trucks 570 13 450 450 460 | 586 | 599 645 595 611 683 450 535 596 643 Trust 1 3 448 448 508 448 : 55111 : trying trying 12] trying 456 456 472 472 474 475 494 606 450 472 472 472 494 : tumors 4 : 493 513 574 634 tur7n 484 587 | 3 systems toxiclogical 624 624 through 494 table 505 5 | | toxicolgist 581 596 testing | taking 4 14 | 518 559 tal4c 615 615 615 5 tests throw | | 5 talks talks 548 485 : 655 tethered .pe .pe 1 521 thrust trade 4 608 52: 0 538 608 tratinedrained two tar1 591 : 624 513 603 479 664 615 563 : 664 52: 0 538 627 5518 6 | 606 635 604 : 617 636 648 656 666 666 testing 596 || 597 596 597 598 598 599 642 test3s 647 648 tethered tethered | Texas 9 446 447 447 447 : 606 619 642 658 684 583 596 597 598 643 647 50: 0 446 447 554 : 580 through 495 520 546 555 488 495 543 608 613 642 || 673 624 660 636 663 throughou1t 539 2 676: 674 thrown 68: 1 1 ThursdayThursdayThursThduarsyday1 tien 624 653 4416 4 Toxicokinetics 1 563 toxicological 1 559 toxicologists 2 563 580 12 toxicology 481 516 558 562 {| 562 563 562 563 563 563 563 610 track 642 trade 502 562 673 : 546 3 559 627 640 629 642 Turner 4 640 675 Turning two 22 | 483 | 566 | 598 609 447 550 566 598 617 635 640 658 663 667 674 pagpage e2 20 ty 15p 46e 1 630 535 676 643 456 562 592 598 635 654 666 616 466 Index Page 20 Evans Reporting Service Adams v DeNemours 474 0 481 484 485 494 519 558 603 679 484 493 530 677 -ypcd 2 628 614 types 19 499 502 546 561 591 594 597 598 495 515 580 594 624 642 654 671 678 670 679 typewritte1n 614 typical typicaly 592 typically typing typing 2 602 614 509 516 509 516 unions 5 527 528 678 United 18 490 490 | 510 523 510 528 535 545 591 592 608 608 Universit1y7 510 510 | 626 627 unknown unless 9 468 604 657 657 509 535 527 677 479 501 518 528 575 592 508 511 647 532 457 620 667 Multi 579 580 variabilit]y 671 variety !! 525 various 12 468 499 501 501 511 580 543 582 577 591 679 684 ventilated 2 486 485 ventilatio8n 572 572 572 577 624 624 625 630 verbal 1 verified 3 617 617 verifies 1 651 588 588 U.S 7 509 609 493 510 609 501 597 unable (1) 455 Unarco 1 535 unavoidably 2 625 625 478 unaware 477 478 584 585 470 526 591 unbeknownst 637 565 incertainty incertainty 564 1 564 unchallenged [ 526 uncontrolled 1 484 495 568 602 663 675 519 576 616 664 676 567 582 652 664 underline3d 530 530 533 understand 28 449 456 458 460 462 464 462 9 463 481 487 200 516 527 531 555 560 361 561 561 563 570 584 598 615 602 659 605-14 680 677 677 UnlikeUnlik1e 469 unregul1at5e6d7 unrelated 658 unres1t unstudied ji) 515 532 untruc 1 618 up 507 488 507 520 520 540 551 577 = 579 500 511 522 574 581 614 | 627 637 643 659 674 620 629 643.6 647 661 677 624 633 643 655 667 update } 541 upwards upwards upwards used 476 482 503 514 559 559 570 570 570 571 572 579 596 596 603 603.8 618 625 useful useful 7 use2s 622 using 4 494 571 usual (1 641 641 464 485 542 570 572 585 597 603 668 668 626 474 647 515 verify 1 versa 538 version 3 614 614 634 539 Viatlt; 447 vice1 538 victims 2 544 530 vidco 2 604 604 Videograph2er2 447 448 452 452 495 495 520 521 536 538 585 586 604 608 613 626 627 668 668 669 673 682 videotape3d 446 446 682 view 5 463 593.13 623 471 638 viewpoint pp visible p 669 584 visited p VOGLER 6 553 580 668 668 491 447 613 volume 6 446 462 494 495 446 494 voluntaril[y 547 volunteer 580 Vorwald 513 W 634 446 650 447 underway 1 647 usualy 532 undetermined 2 54 564.20 undocumented 1 467 utilize ju Utilizin1g V 446 653 | vague 3 Induly 1 unfoldin1g 653 555 | 504 558 Valley 1 Unfortunately (1 valuc 131 502 676 676 Union 7 508 | values 3 537 578 446 493 501 578 579 W.R 2 535 wai2t 455 waived 1 wa1l55k1 Walker 1 Wall 569 Walter 121 553 681 503 448 558 553 wants 3 567 667 507 War 529 typed - without 655 655 655 warn 1 625 warned 1 warning 1 warnings 1 warrant 1 515 489 515 544 658 660 661 663 666 670 659 660 662 663 667 673 659 660 662 665 668 673 Warren ) 580 washing ] 630 Washington 1 476 watch 1 634 Waters 207 447 452 446 453 673 680 679 682 Waters 3 548 614 679 481 ways 1 663 weaken 1 545 454 455 455 wear 1 625 455 456 457 459 459 464 455 456 457 459 460 464 456 457 458 459 461 465 wearing ] weaving [ web 681 weeks 2 568 623 623 487 681 568 467 467 468 Welfare 2 528 479 486 489 528 489 491 494 496 500 489 492 495 496 503 489 493 495 500 503 designed 1 572 Wes1t 509 Western 1 501 503 505 503 506 505 507 Westinghouse 1 535 507 511 514 517 507 512 514 518 507 512 516 519 wet 572 whatever'1s whereas 1 630 619 640 519 528 529 wherever 2 572 531 531 532 611 532 533 537 538 543 548 532 536 538 540 543 549 532 537 538 542 5481 549 whicheve1r White 1 whole 6 555 632 634 638 609 679 448 633 549 551 556 561 563 565 567 549 553 558 561 565 566 567 550 553 558 561 565 567 567 Whoops 1 wid]e 564 widely 4 483 483 647 463 514 widespread 2 575 600 569 575 582 wife 1 449 585 586 588 593 594 585 587 588 594 595 585 588 590 594 597 Wilmington 1 631 wind 1 604 wiping 2 630 630 598 602 604 605 607 612 613 599 602 604 606 608 612 614 601 wis1h 537 604 withdraw 7 605 473 531 607 568 568 612 withdrew 1 613 614 withheld 467 558 586 581 534 618 620 618 620 619 620 withhol2d 514 512 620 624 627 628 630 632 620 626 628 628 631 633 621 627 628 630 631 633 within 14 497 498 524 528 562 574 596 643 599 468 523 529 596 634 633 644 651 634 647 651 641 647 652 named ] 683 without 9 468 Evans Reporting Service Index Page 21 witness - Zonn 504 634 655 570 641 657 582 653 witness 30 9 448 448 448 453 53:13 456 459 459 531 549 549 585 614 620 626 662 683 553 588 616 620 631 673 683 556 605 617 620 632 675 : 482 woman 487 : : wondered 1 523 Workshops 3 world 529 547 wow rn orn ] 522 worsw t orst worwth ort4h wreck 568 674 wreck write write 530 | 676 writing writiwrnitging written 8 525 530 545 558 | 651 607 491 471 447 682 456 542 : 574 454: 542 586 Multi | 624 Zonn ]637111 1 675 Woodm word 14 488 488 508 488 517 549 595 wrotewrote 7 530 533 | 609 610 667 480 539 649 603 637 622 656 629 660 X 639 657 656 658 657 658 660 660 wording ] words 3 561 617 588 472 Xrays 3 X 533 659 I 632 467 worked 22 476 478 478 478 470 478 484 sjya'll 2 666 | 16 yea4r 52 480 540 667 479 540 484 : 529 59:13 497 : 533 574 645 658 worker 17 460 466 482 481 488 520 527 565 577 585 624 512: 545 624 670 460 467 482 527 574 623 540 547 547 548 548 551 | 551 555 552 556 552 years 36 466 years 468 479 | 480 480 483 | 490 528 518 555 519 562 | 563 565 566 | 566 566 566 566 566 566 worker's | worker5s8 450 466 467 468 527 449 467 485 | 566 | 622 | 639 671 581 622 640 672 583 624 641 673 486 487 491 | 674 674 502 514 514 515 521 523 512 514 515 518 521 525 513 514 515 520 523 525 454 | 489 | 604 635 | 636 679 457 557 619 635 677 476 585 619 635 679 : 576 582 583 609 641 646 655 : 576 582 585 640 645 649 655 : 578 582 603 641 646 654 671 orkplace 6 83 591 592 657 475 591 workplaces 1 583 Works 1 510 552 564 YorkYo9r 48k 3 509 573 586 588 644 681 508 508 574 642 yourself 12 632 663 681 ZangZang 1 447 Zap Za1p63p7 ZETO 3 566 639 639 [zone 3 577 623 - Index Page 22 Adams v DcNemours am! _ * Evans Reporting Service