Document RpE0ZKmaepd0eV5Z1qjkxryN7
1
1 IN THE CIRCUIT COURT
2 FOR BALTIMORE CITY
3 ALLEN WRIGHT, et al. ,
*
4
Plaintiffs
*
5 v.
* CASE NO:
6 LEAD INDUSTRIES ASSOCIATION, * 94363042/CL190487
7 INC., et al.,
* 94363 043/CL19048 8
8
Defendants
*
9 ****
10 VIDEOTAPE DEPOSITION OF GARY E. WELCH
11
12 The Videotape Deposition of Gary E. Welch
13 was taken on Tuesday, March 12, 1996, commencing
14 at 10:00 a.m. at the Law Offices of Peter G. Angelos,
15 300 East Lombard Street, Baltimore, Maryland before
Id Denise M. Thomas, Notary Public*
ft
17
18 EVANS REPORTING SERVICE
19 2422 Southwest Road
OOPv
20 Baltimore, Maryland 21236 iiiiiitiiiiiflii DR70-00307
21 (410) 882-0208
Evans Reporting Service
2
1 APPEARANCES:
.
2 THOMAS L. SAMUEL, ESQUIRE Law Offices of Peter G. Angelos
3 On behalf of the Plaintiffs
4 WILLIAM R. SKALLERUD, ESQUIRE Popham, Haik, Schnobrich & Kaufman
5 On behalf of the Defendant, The Glidden Company
6 PHILIP H. CURTIS, ESQUIRE
Arnold Sc Porter
7 On behalf of the Defendant, Atlantic Richfield
Company
8
EDWARD F. HOUFF, ESQUIRE.
9 Church Sc Houff, P.A.
On behalf of the Defendant, Sherwin-Williams
10 Company
11 EDWARD M. BUXBAUM, ESQUIRE Whiteford, Taylor Sc Preston
12 On behalf of the Defendant, A. Bauer Sc Company
13 MARK L. SULLIVAN, ESQUIRE
Sullivan, Sullivan Sc Pinta
14 On behalf of the Defendant, Lead Industries
Association, Inc.
.
15
CHARLES S. HIRSCH, ESQUIRE
1 f, Ballard,'~'Spahr, Andrews & Ingersoll
On behalf of the Defendant, DuPont
17
PETER F. AXELRAD, ESQUIRE
18 ADAM CALDWELL, ESQUIRE
Jackson & Campbell
19 On behalf of the Defendant, Doe Run
20 DENNIS J. SULLIVAN, ESQUIRE
DR70-00308
Rollins, Smalkin, Richards Sc Mackie
21 On behalf of the Defendant, Schuman Hardware
Evans Reporting Service
3
1 PROCEEDINGS 2 *******
3 VIDEO OPERATOR: Good morning. Today is
4 Tuesday, March 12th, 1996. The time is
5 approximately 10 :08 a.m.
6 Our location is Law Offices of Peter
7 Angelos at 300 East Lombard Street, Baltimore,
8 Maryland-
9 The deposition -- this is the deposition
10 of Gary Welch in the matter of case number
11 943663042/CL190487 94363043/CL190488.
12 The court reporter is Denise Thomas
13 employed by Evans Reporting. The videographer is
14 Sam Livingston employed by Deposition Specialists.
15 Will counsel please identify themselves 1 for the record.
17 MR. AXELRAD: Let me just say something.
18 This is not technically the deposition of Gary
19 Welch. He is here as a representative of Doe Run,
_
20 one of the defendants. It is the corporate
tilliiiiiiill *
qr70-00309
21 designation. It is the designation of deposition of Evans Reporting Service
1 Doe Run. 2 MR. SAMUEL: My name is Thomas L. Samuel. 3 I am counsel to the Plaintiffs in this case. 4 MR. HIRSCH: Charles Hirsch on behalf of 5 Defendant, DuPont. 6 MR. CURTIS: Philip Curtis on behalf of 1 Defendant, Atlantic Richfield Company. 8 MR. SKALLERUD: William R. Skallerud on 9 behalf of The Glidden Company. 10 MR. MARK SULLIVAN: Mark L. Sullivan on 11 behalf of the Lead Industries Association, Inc. 12 MR. CALDWELL: Adam Caldwell on behalf of 13 Doe Run. 14 MR. AXELRAD: Peter Axelrad on behalf of 15 Doe Run. 16 MRt HOUFF: Edward Houf f on behalf of 17 Sherwin-Williams Company. 18 MR. BUXBAUM: Edward Buxbaum on behalf of 19 A. Bauer & Company. 20 MR. DENNIS SULLIVAN: Dennis Sullivan on 21 behalf of Schuman Hardware.
Evans Reporting Service
4
1 ******
5
2 Whereupon,
3 GARY E. WELCH
4 a witness herein, called for oral examination in the
5 matter pending, being first duly sworn to tell the
6 truth, the whole truth and nothing but the truth,
7 testified as follows on
8 MR. SKALLERUD: Mr. Samuel, I apologize
9 for interrupting. If I may put on the record what
10 we discussed.
11 MR. SAMUEL: Please.
12 MR. SKALLERUD: For the purposes of the
13 deposition today, one objection by any Defendant
14 will be deemed an objection by all defendants. And
15 also for the record, NL, which is not represented
16 today, will also be part of that agreement whereby
17 any objection made today will also be good for any.
18 MR. MARK SULLIVAN: I have one question.
19 As to objections, must objections be made - now or
20 will we be reserving all objections and motions to
ill ill llllll illl
DR70-00311
21 strike until the time of trial?
J
Evans Reporting Service
6
1 MR. SAMUEL: I would prefer you make them
2 now.
3 MR. MARK SULLIVAN: Okay.
4 EXAMINATION
5 BY MR. SAMUEL:
6 Q Good morning, Mr. Welch. Would you state
7 your full name for the record, please?
8 A My name is Gary Earl Welch.
9 Q Mr. Welch, just a few simple ground rules.
10 I will be asking you a series of questions today.
11 If I ask you a question which you don't
12 understand, please ask me to clarify it, and I'll be
13 happy to attempt to do so.
14 Your answers should be audible. And
15 although we have a video which would take a shake or
16 a nod, I prefer that you say yes or no for the
17 record so the stenographer can get that down.
18 I will be showing you a few documents, and
19 I want you to take your time, make sure you identify
20 the document before I ask you questions about it. ||)|j|||||||||J|||||Illl
DR70-00312
21 What is your home address, Mr. Welch?
~
Evans Reporting Service
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1 A 205 Cornelia, C-O-R-N-E-L-I-A, Avenue,
2 Glendale, Missouri 63122.
3 Q And what is your business address?
4 A The same.
5 Q And your business telephone number?
6 A Area code 314-822-9746.
7 Q And by whom were you employed?
8 A I am an independent contractor.
9 Q You are self-employed?
10 A Yes, I am.
11 Q What is your, the nature of your
12 association with the Defendant here today, Doe Run?
13 A Doe Run is and has been a client of mine
14 as an independent consultant. I worked for St. Joe
15 Minerals Corporation between the timeframe or in the
16 time period 1563 through 1987.
17 Q And when you were employed at St. Joe
18 Minerals, as you have stated, between the years 1963
19 and 1987, what was your title?
20 A My last title was vice-president of safety
III! lilillllllllllllll
21 and environmental planning.
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Evans Reporting Service
8
1 Q Let's take you back to 1963 when you were
2 initially employed by -- was it St. Joe Minerals at
'
3 that time?
4 A I believe it was St. Joe Lead Company at
5 that time.
6 Q St. Joseph Lead Company?
7 A St. Joe.
8 Q St. Joe. Okay. And what position were
9 you initially hired by St. Joe Lead Company?
10 A I was hired in on a training program as
11 just an engineer, technical. After about a year on
12 a training program, I took a position in the
13 research department at St. Joe, and my title there
14 was research engineer.
15 Q That would have been approximately 1964?
16 A Tha-k's correct.
17 Q And what were the duties of your position
18 as a research engineer?
19 A Principally economic and process-related
20 research-
21 Q When you say process-related, would you Evans Reporting Service
iiiiiiilillliiilillllllll
DR70-00314
|
.9
1 explain that, please?
2 A The facility at which I worked was St.
3 Joe's zinc smeltering in Monaca, Pennsylvania. It
4 is a primary zinc smelter involving numerous
5 metallurgical processes.
6 The work I did was both economic in nature
7 and in terms of cost controls and process-related in
8 terms of more efficient operations.
9 Q And for how long were you in that
10 position?
11 A Until about 1972.
12 Q And then - - what position did you then
13 hold?
14 ` A 1972, I took the position of director of
15 environmental control for the zinc smelter.
16 Q And. what were the nature of your duties in
17 that position?
18 A Zinc smelter at that point had numerous
19 large engineering proj ects in order to comply with
20 the then very new Clean Air Act, Clean Water Act and
inmiiiniiTM
21 resulting regulations. My responsibility was the
DR70 0031-
Evans Reporting Service
10
1 overall management of those programs and projects.
2 Q And for how long were you in that
3 position?
4 A About two years.
5 Q And then in 1974, what position did you
6 assume?
7 A I took on a position as director of
8 environmental planning for St. Joe Minerals
9 Corporation.
10 Q And the nature of your duties in that
11 position, sir?
12 A I was overseeing the overall environmenta1
13 program for the corporation as a whole, including
14 engineering projects, study projects, and
15 encompassed both environmental and occupational
16 health programs.
17 Q Based on your prior testimony, I assume
18 that from 1963 to 1974, you had been primarily
19 involved in the zinc -20 A That's correct.
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DR70-00316
21 Q In 1974, did you then begin to have some Evans Reporting Service
1 responsibilities for lead production by the company?
2 A For production operations, not lead
3 production per se.
4 Q And when you say production operations,
5 would you explain that to me?
6 A Well, lead production to me means pig lead
7 out the door, and I was not responsible for pig lead
8 out the door. I was responsible for environmental
9 programs at the lead smelter.
10 Q Did you have any involvement in the mining
11 end of the business?
12 A I had the same general responsibility.
13 Q So you in your capacity as director of
14 environmental planning, you had oversight
15 responsibilities for lead production from mining
16 through smelting; is that correct?
17 A Again, production in the context of the
18 operations, not the physical product out the door.
19 Q I see. Meaning that you were not involved
20 in sales in any way?
21 A That's correct. Evans Reporting Service
Iffll DR70-0031?
' ' ' ' ' . '
12 j
1 Q Did you hold any subsequent titles with
2 the company or did your title change after 1974 at
3 all?
4 A It changed in about 1983 to vice-president
5 of safety and environmental planning. At that time,
6 I picked up responsibility for safety in addition to
7 environmental and occupational health.
8 There was an intervening period in the
9 late 1970s where I held some dual positions, one as
10 vice-president of human resources for St. Joe Lead
11 Company, and also vice-president of environment a1
12 planning for St. Joe Lead Company.
13 Q In your capacity as vice-president for -
14 you say human relations?
15 A Human resources.
16 Q Human resources. Excuse me.
17 ' What were the nature of your duties in
18 that capacity?
19 A Again, oversight of the personnel and
20 human resource programs at the operations of St. Joe Ml llllllll Mill.
21 Lead Company.
DR70-00318
Evans Reporting Service
1 Q In that capacity, did you have any
2 responsibility for claims or lawsuits brought
' 3 against the company for personal injury either by
4 employees or third persons?
5 MR. AXELRAD: Objection. You can answer
6 yes or no.
1 A I have to answer indirectly. They were
8 within the purview of my responsibility, but they
9 were handled by our legal department.
10 Q In what way did you assist the legal
11 department in handling personal injury claims and
12 lawsuits brought against the company?
13 MR. AXELRAD: I object. What year are you
14 talking about now, Mr. Samuel?
15 MR. SAMUEL: The witness has testified
16 that he had a~responsibility as a vice-president for
17 human resources, and then he testified in connection
18 with another question that he had some involvement
19 in personal-injury litigation against the company.
20 And I am just trying to flush out what his
21 responsibilities were, that's all. Evans Reporting Service
ill
13
14
1 MR. AXELRAD: The reason I am asking is I
2 don't know that you defined or the witness has
3 defined the year. And it may be the year that he
4 was involved is beyond the purview of this case, and
5 we could save our time by not inquiring.
6 MR. SAMUEL: I will accept that, Pete.
7 BY MR. SAMUEL:
8 Q What year did you take on your
9 responsibilities for human resources?
10 A I believe it was in the '78-79 timeframe.
11 Q And I would like to return to an earlier
12 question. In what way did you assist your legal
13 department in the handling of personal - inj ury claims
14 litigation?
15 MR. AXELRAD: Objection. You can answer.
16 A There were no claims.
17 Q What period of time did you have that
18 position that you said you started in 1978 or ' 79
19 with human resources?
20 A '78 or '79. 21 Q Just for that period of time?
HI |
HI
DR70-00320
Evans Reporting Service
15
1 A That's correct.
2 Q And it's your testimony that during that
3 period of time, there were no personal-injury claims
4 or lawsuits brought against St. Joe Minerals that
5 you were involved in?
6 A There were Workmen's Compensation
7 proceedings, but no third-party claims, that is
8 correct.
9 Q I think we have you now up to 1983 as
10 vice-president for safety and environmental
11 concerns. And you left the company in 1987. Did
12 you have any title changes after 1983, sir?
13 A No, I did not.
14 Q And you testified that you left the
15 company in 1987. What was the nature of your
16 severing your employment relationship with the
17 company?
18 MR. AXELRAD: Objection. You may answer.
19 It' s not relevant, but if it doesn' t invade your
20 privacy, Mr. Welch, you can answer.
21 A I didn't leave the company, the company Evans Reporting Service
DR70-00321
16
1 left me.
,,
2 Q I see.
3 A St. Joe was a wholly-owned subsidiary
4 corporation, and Fluor sold various components of
5 the corporation. When that happened, my position
6 went away.
7 Q I see. Then in 1987 after the
8 termination, if that's appropriate, of your
9 relationship with the company, what did you then do?
10 A I became an independent consultant.
11 Q Holding yourself out in what areas as a
12 consultant?
13 A Principally environmental.
14 Q Did your former employer become a client
15 of yours at that time?
16 A St ."'Joe at that point had ceased to exist. 17 Doe Run was still a joint venturer with -- that was
!
18 controlled by Fluor, part of which was controlled by
19 Fluor Corporation. I did some work for Doe Run and
20 also for Fluor.
llllllllligillllllllll!llllillll!!lll DR70-00322
21 Q In the area of environmental regulation? Evans Reporting Service
17
1 A That*s correct.
2 Q What other clients did you or have you had
3 as an independent consultant beginning in 1987 and
4 continuing to the present?
5 MR. AXELRAD: Mr. Samuel, with all due
6 respect to you, I don'1 think that's a fair
7 question. He is not here to discuss or he didn't
8 anticipate coming here to discuss the nature of his
9 personal business.
10 Anything to do with my client is clearly
11 fair game within the bounds of the notice, but this
12 is personal to him. I frankly don't know the full
13 answer to this question, and I would ask you to
14 reconsider this question. I mean, it' s not relevant
15 to this case, is it?
16 MR .-SAMUEL: No, sir, I won' t. You can
17 direct him not to answer if you choose.
18 MR. AXELRAD: The nature of his business,
19 his personal business?
20
MR. SAMUEL: I am asking him --
lilllllll1111)11111111HH1IillIHII
DR70-00323
21 MR. AXELRAD: For the names of his
Evans Reporting Service
18
1 clients? That's what you asked him, the names of
2 his clients?
3 MR. SAMUEL: Yes.
4 MR. AXELRAD: I am going to instruct him.
5 MR. SAMUEL: All right.
6 MR. AXELRAD: I don't think it's
7 appropriate to ask Mr. Welch within the bounds of
8 the notice. And I know you are aware of that the
9 course of our dealing was primarily with
10 Mr. Richardson, but we have communicated with
11 Mr. Richardson about the notice, and even a fair
12 liberal -- the fairest liberal reading of the notice .
13 does not entertain an inquiry of Mr. Welch's
14 clientele excluding my client.
15 He is a consultant, he has done work for
16 my client, he~has told you about his experience with
17 the client pre '87. It's just, it's invading his
18 privacy, and it's overwhelmingly irrelevant.
19 Even though I am slow to ordinarily
20 instruct the witness not to- answer, I think this is
IIIIIIIIWllllUIIIIIWIIIIIDllll
21 beyond the bounds with all due respect, and I will
DR70-00324
Evans Reporting Service
19
1 instruct him not to answer the question.
2 MR. SAMUEL: Well, for the record, this
3 gentleman has been put forward as the corporate
4 designee of Doe Run Corporation.
5 And I think 'I am entitled to fully develop
6 the nature of his business relationships and not
7 restrict it to Doe Run. And I will certify that
8 question.
9 BY MR. SAMUEL:
10 Q Mr. Welch, you testified you had done some
11 work for Doe Run and for Fluor Corporation. How
12 would you characterize the nature of that
13 consult ant ship over the some seven or eight years
14 since 1987?
15 A Primarily technical consulting, dealing
16 with the nature of St. Joe' s operations in the time
17 period and some preceding time period in which I was
18 employed at St. Joe.
19 Q And would that - - would you be
20 consulting with respect to issues involving the
_ 21 company' s lead production?
Evans Reporting Service
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DR70-00325 :
20
1 A Environmental issues, yes.
.
2 Q Let me step back. You say that you were
3 hired in 1963 as an engineer. Where did you receive
4 your higher education training, Mr. Welch?
5 A I have a Bachelor's and a Master's Degree
6 in metallurgical engineering from the University of
7 Missouri at Rolla, R-O-L-L-A.
8 Q And when didyou receive your BSDegree?
9 A 1962. 10 Q And your Master*s Degree?
i
11 A 1963.
12 Q Mr. Welch -
13 MR. SAMUEL: Would you mark this, please,
14 as Deposition Exhibit 1.
15 (Whereupon, Welch Deposition Exhibit
16 Number 1 was'~marked for identification.)
17 BY MR. SAMUEL:
18
Q Mr. Welch, I am going to hand you what has
.
19 been marked for identification as your Deposition
20 Exhibit Number 1. Have you seen that document prior
21 to coming here this morning?
Dllllllllllllllllllllilllll DR70-00326
Evans Reporting Service
21
1 A Yes, I have.
2 Q. And when did you first see it?
3 A I believe I was first shown this in the
4 offices of counsel.
5 Q Mr. Axelrad's offices? 6 A That's correct.
I
7 Q And when was that?
8 A Approximately one month ago.
9 Q And what preparation had you undertaken
10 prior to coming here today to give testimony as Doe
11 Run's corporate designee?
12 A I have met with Mr. Axelrad, Mr. Caldwell
13 on three occasions. I have reviewed this notice, I
14 reviewed the Doe Run's answers to your
15 interrogatories, and also. Doe Run's admissions in
16 the proceedings.
17 Q Did you review any corporate documents?
18 A No, I did not.
19 Q How is it you came to be selected as Doe
20 Run's corporate designee for the purposes of this
21 deposition?
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Evans Reporting Service
22
1 A I think that selection was made based upon
2 my prior and continuing association with Doe Run and
3 its predecessor companies, the fact that I had
4 experience in all, most, if not all, of the areas
5 that were identified in the deposition notice, and
6 that I certainly had a longer tenure of experience
7 with Doe Run than any current Doe Run employee.
8 Q Have you ever previous to today been
9 designated as Doe Run's corporate designee for
10 purposes of a deposition?
11 A No, I have not.
12 Q Let me step back again. In 1983, you said
13 that you became a vice-president with
14 responsibilities in part for safety; is that
15 correct? iJL aw A That1 s correct.
17 Q And what were your safety responsibilities
18 to the corporation?
19 A We had a president at that time that was
very safety conscious and insisted on safe, 20
iiinniiiiiiniii! DR70-00328
21 continuing safe operations, and wanted somebody in Evans Reporting Service
23
1 his office that could enforce his will. And I
2 became that person.
3 Q What, if any, responsibilities did you
4 have in that position for product safety?
5 None
6 Turning, Mr. Welch, to the Notice of
7 Deposition which you have before you, Item Number 1
8 of the notice deals with the authentication of the
9 documents produced by Doe Run
10 I have here before me a stack of documents
11 which have been produced by Doe Run pursuant to the
12 Plaintiff's request for production of documents
13 And they bear Bates stamp numbers 001 to 0814.
14
Did you
as part of your preparation
15 for this deposition, did you review the documents
16 produced by Doe Run?
17 Not as part of preparation for this
18 deposition.
19 Q Have you ever seen these documents?
20 A I believe so.
21 Q And when did you see them? Evans Reporting Service
DR70-00329
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1 A I am not sure what the documents are at
2 this point. But I believe -
3 MR. AXELRAD: Would it be easier for you
4 to respond to Mr. Samuel's question if you had a
5 chance to look at the documents?
6 THE WITNESS: It would certainly give me
7 some comfort.
8 MR. SAMUEL: I would be delighted. Why
9 don't we recess a minute while we are doing that. I
10 am going to go get a drink of water.
11 (Brief recess)
12 VIDEO OPERATOR: We are back on the
13 record. The time is approximately 10:39 a.m.
14 BY MR. SAMUEL:
15 Q Mr. Welch, have you completed your review
16 of the documents which I handed you before the
17 recess?
18 A I have leafed through them. These appear
19 to be copies of Saint Joe's annual reports from the
20 timeframe about 1928 through 1970-something,
21 including copies of minutes of its Board of Evans Reporting Service
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1 Directors meetings for some years in that timeframe.
2 Q And, sir, have you seen these documents
3 prior to coming here today?
4 A Yes, I have.
5 Q And where didyou see those documents?
6 A I dug these documents out of Doe Run's
7 files.
8 Q You personally did so?
9 A Yes, I did.
10 Q Who, if anyone, directed you in that
11 document search?
12 A I was asked to do this by Walter Nowotny
13 of Doe Run.
14 Q And who is Mr. -- what is Mr. Nowotny' s
15 title?
16 A I -think his title is assistant secretary
17 and general counsel or secretary and general counsel
18 for Doe Run Company.
19 Q And from what depository or what location
20 did you unearth these documents?
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DR70 -00331
21 A Most of these documents were located in
Evans Reporting Service
--
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"
--'
1 what is known as the vault, secured record storage
I: ~
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26
I
2 at Doe Run's Viburnum, V-I-B-U-R-N-U-M, division.
3 Q Is that in the State of Missouri?
4 A Yes, it is.
5 Q Are all of Doe Run's corporate documents
6 located at Viburnum?
7 A No, they are not.
8 Q What other document depositories does Doe
9 Run have other than the one you have testified to
10 located in Viburnum, Missouri?
11 A It stores certain records at its offices
12 in Creve Coeur, Missouri, its headquarters in Creve
13 Coeur, Missouri. There are also two warehouse
14 locations where historic records are stored. Those
15 are both located in St. Louis.
16 Q What records are stored at Viburnum?
17 A Well, records of this type, copies of
18 reports, copies of current financial data, general
19 business records, and they also have copies of 20 minute books, normal corporate records.
Ilillilllllllllllill
DR70 00332
21 Q And what records are stored at the upper Evans Reporting Service
27
1 Missouri location, you said what, Cop Creek?
2 A Creve Coeur.
3 Q Creve Coeur.
4 A Creve Coeur is their currentheadquarters.
5 And the most recent, current business records would
6 be maintained at that location.
7 Q And what period of time is included in
8 your definition of current records?
9 A I would say something in the five-year
10 category.
11 Q And when documents age five years, what
12 are then done with them?
'
13 A I really don't know.
14 Q You testified thatother records were
15 stored in archives in St. Louis; is that correct?
16 A There are other records archived in St.
17 Louis, that is correct.
18 Q And what is the nature of those records?
19 A The same general types of records that I
20 previously identified, although they will tend to be
21 somewhat spotty.
iiiniiuuiiiiiiiinnwiiii DR70-00333
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1 St. Joe relocated its offices at least
2 once. St. Joe was sold at least once. Records were
3 shipped around the country ad nauseam. And
4 consequently, there is much disarray, and it's not
5 clear to me that some records have not been lost.
6 Q Are you, in fact, able to authenticate
1 these documents in front of you as true copies of
8 records in the Doe Run record depository at
9 Viburnum?
10 A If these are, in fact, the copies that
11 were delivered to you by Jackson & Campbell, yes.
12 Q Your testimony is that you procured
13 these --
14 MR. AXELRAD: Mr. Samuel, we will
15 stipulate that the records, these records that are
16 in front of Mr. Welch at this moment that my law
17 firm presented to your law firm are copies of our
18 records.
19 MR. SAMUEL: That's fine. Hand those
20 back, if you will.
21 BY MR. SAMUEL:
Evans Reporting Service
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1 Q Mr. Welch, I am going to show you a page
2 which I have extracted from the St. Joseph's Lead
3 Company's annual report with stockholders for the
4 year 1962 which is one of the documents you leafed
5 through a little earlier.
6 And the excerpted page from that annual
7 report of 1962 bears a Bates stamp number 0442.
8 A Um-humm.
9 Q Correct me if I am wrong, but the top half
10 of that page appears to lift statistics for the
11 United States for the production and consumption of
12 lead in short tons. Will you agree with that
13 definition, sir?
14 A Yes, I would.
15 Q And under the subcategory consumption,
16 there are lifted several consuming industries, and
17 the fifth one is the word pigments. Do you see
18 that, sir?
19 A Yes, I do.
20 Q And there is an indication there that in !
21 1962, there were 98,000 short tons of pigments
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1 consumed in the United States. Is that accurate?
2 A ' That's what the figures say.
3 Q And, of course, in 1961, which is the
4 final figure, 99,000 tons were consumed; is that
5 correct?
6 A That's again what the table says .
7 Q In the year 1962, did the St. Joseph Lead
8 Company produce and sell lead pigments as one of its
9 lead products?
10 A No, we did not.
11 Q Maybe I can shorten this up. Has either
12 St. Joe Lead Company, its successor, St. Joe
13 Minerals Corporation or Doe Run Corporation ever
14 manufactured and sold lead pigment as a production?
15 A No, they have not.
16 Q Thank you. Did the St. Joseph Lead
17 Company produce smelted lead which was sold to other
18 companies which produced lead pigment?
19 A I really cannot answer that.
20 Q Who in Doe Run management could answer
21 that question for me? Evans Reporting Service
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31
1 A The timeframe that you are talking about,
2 I am not sure that anyone can.
3 Q You are addressing yourself now to the
4 early 1960s?
5 A Yes.
6 Q Let me ask you the same question. How
7 about now today in 1996, does Doe Run Corporation
8 sell smelted lead to producers of lead pigment?
9 MR. AXELRAD: Wait a minute. I object.
10 It is not within this case, Mr. Samuel, as I know
11 you know, and it`s clearly not within the notice.
12 And I really do not want to get into a
13 series of questions on what the company does today.
14 I mean, I don't know how to deal with this situation
15 other than to say that.
16 There is no reason -- I mean, if you can
17 attempt to persuade me why we should answer it,
18 whatever the answer is, and I don't know the answer
19 because I didn't anticipate a need to respond.
20
Especially if you look down to your
IIIIIIIIIIIIIIIIBIIIIIIIII III
DR70-00337
21 notice, which I am looking at at this moment, there
I
Evans Reporting Service
'
. 1 is nothing -- not only is the suit, the latest
32
2 date have anything to do with the defendants that is
3 relevant to my understanding from the complaint,
4 that everything that I have heard in court and all
5 of the papers that I have, the late date is 1980.
6 The notice does not elongate this either.
7 So why should we, all of us take our valuable time
8 to deal with issues that relate to the current time?
9 It may be nice to learn.
10 MR. SAMUEL: That was a wonderful speaking
11 objection, Mr. Axelrad. Are you going to permit him
12 to answer or not?
'
13 MR. AXELRAD: No. I want you to persuade
14 me -- I am giving you the opportunity in light of
15 the notice, in light of the communications between
16 counsel relating to the notice why we should -- you
17 should be permitted to probe issues that relate to
18 the current time. That's all.
19 I am trying to be courteous. I see
iiiiiiiimnn20 nothing in the case or in the notice that should ^ DR70-00338 21 generate any questions to the present.
J
Evans Reporting Service
1 MR. SAMUEL: Either let him answer or 2 direct him not to. 3 MR. AXELRAD: You don't want to respond? 4 MR. SAMUEL: No. 5 MR. AXELRAD: We are not going to answer 6 anything about our business today. 1 BY MR. SAMUEL: 8 Q Let me ask you this question, Mr. Welch: 9 From the year 1980, did whatever your corporate 10 entity was then called, did it produce smelted lead 11 which it sold to pigment manufacturers? 12 A I can only answer that in the context that 13 St. Joe sold lead to companies who, among other 14 things, had the capability for producing the 15 pigment. I do not know specific companies. 16 Q Prior to coming here today, did you review 17 any of the sales records of Doe Run or its 18 predecessors? 19 A Yes, I did. 20 Q And for what period of time did you review 21 sales records prior to coming here?
Evans Reporting Service
33
34
1 A From about the period 1920 or 125 through
2 1960 or '65.
.
3 Q And where are those records archived?
4 A Many of them -- most of them are located
5 at Viburnum.
6 Q And it's your testimony that Doe Run and
7 its predecessors sold smelted lead to companies
8 capable of producing lead pigment. Is that
9 testimony based on your review of those sales
10 records?
11 MR. AXELRAD: Can I ask you a question,
12 Mr. Samuel? And perhaps I am a little late in doing
13 it, but it1 s not too late. Would you help me and
14 perhaps the witness to define, as you raised the
15 question, pigment?
16 MR. '"SAMUEL: I will accommodate you,
17 Mr. Axelrad, by asking the witness what he
18 understands lead pigment is. I am just a dumb
19 lawyer. 20
iiiiiiiiniiiiiiiiiiiiiii
MR. AXELRAD: I had a hunch you didn't
DR70-00340
21 want to answer that question, Mr. Samuel. Go ahead, Evans Reporting Service
1 Mr. Welch.
2 THE WITNESS: Pigment in general is a
3 finally divided material that has certain definite
4 properties either in terms of color or crystal in
5 shape or both. That's a general definition of
6 pigment.
7 BY MR. SAMUEL:
`
8 Q Have you seen lead pigment in your long
9 involvement with Doe Run and its predecessors?
10 A I have seen various lead pigments, yes.
11 Q And in what form is it, a powder or -
12 A You could most conveniently characterize
13 it as a powder, yes.
14 Q And is it -- strike that. Is it
15 processed through smelted lead?
16 A Most of the time, yes.
17 Q In that you start with a pig of smelted
18 lead, and then it's processed, and lead pigment is
19 the product that results from that process?
20 A There may be various stages of processing
21 that go from the pig of lead to the pigment product, Evans Reporting Service
DR70-00
3G
1 but yes.
2 Q So based on your testimony, so far as you
3 know, St. Joe, to use a generic term, its
4 involvement ends with the production and sale of the
5 lead pig; is that correct?
6 A That is correct.
7 Q In your review of the sales records in
8 preparation for this deposition, did you see any
9 records of sales by St. Joe to either Atlantic
10 Richfield, NL Industries, Sherwin-Williams, DuPont,
11 Glidden or Fuller-0'Brien between the years 1950 and
12 1980?
13 MR. AXELRAD: Mr. Samuel, I hate to
14 interrupt, but he did not testify that he reviewed
15 those records in preparation for this deposition.
16 MRT HOUFF: Object to the form of the
17 question.
18 MR. AXELRAD: I am just going to mention
19 it to you because you are characterizing his
20 testimony. That is not what he said. But I will
21 let him answer to the best of his ability. Evans Reporting Service
DR70-00342
37
1 Objection to the answer.
2 A I was asked to review the sales records of
3 St. Joe before I was asked to represent Doe Run as a
4 corporate witness in this proceeding. So I did not
5 review the sales records in preparation for this
6 testimony. I had reviewed them preceding.
1 Q Thank you. And what did that review
8 consist of, Mr. Welch?
9 A Of reviewing the sales records.
10 Q Did you look at them by year, for example?
11 A Yes.
12 Q Are they stored by year? -
13 A They are now.
14 Q Were they at the time that you reviewed
15 them?
16 A Nor they were not.
17
'Q
Were they broken down by customer?
18 A Certain of the records were broken down by
19 customer.
20 Q And with reference to the last question, Illllllllllllll DR70-00343
21 did you note sales records to any of the companies Evans Reporting Service
38
1 that I inquired of a few minutes ago?
2 MR. HOUFF: Object to the form.
3 Q You may answer.
4 A Would you repeat the list for me? And as
5 we go through it, I will tell you whether or not I
6 saw that name.
7 MR. SAMUEL: Sure. We will go one by one.
8 MR. AXELRAD: And what is the time
9 reference, Mr. Samuel?
10 MR. SAMUEL: 1950 to 1980, Mr. Axelrad.
11 BY MR. SAMUEL:
12 Q Atlantic Richfield.
13 MR. CURTIS: Object to form.
14 A I am not sure that I went all the way to
15 1980, but what was the first year?
16 Q 1956- to 1980 .
17 A 1950. I went through at least 1970 and
18 perhaps for a few years thereafter. Atlantic
19 Richfield, no, I did not see that name. 20 Q How about NL Industries?
21 A Yes. Evans Reporting Service
llllttll\IH1111 SIH^ DR70-0O344 ;
;'
- '39
1 Q And what lead products were indicated by
2 those sales records as having been sold by St. Joe
3 to NL Industries?
4 MR. AXELRAD: Objection. You may answer.
5 A Pig lead.
6 Q Sherwin-Williams?
7 MR. AXELRAD: Objection.
8 A I did see Sherwin-Williams.
9 MR. MARK SULLIVAN: I am sorry. I did not
10 hear the answer. You did or did not?
11 THE WITNESS: I did see Sherwin-Williams.
12 Q And what products were indicated, by those
13 records were indicated to have been sold to
14 Sherwin-Williams?
.
15 MR. AXELRAD: Objection.
16 A Pig-lead.
17 Q DuPont?
18 MR. AXELRAD: Objection.
19 MR. HIRSCH: Objection.
20 MR. AXELRAD: You may answer. 21 A Yes.
IlllllllllllllllllllllllIII!III!Ill DR70-00345
Evans Reporting Service
40
1 Q And what product?
2 MR. AXELRAD: Objection.
3 A Pig lead.
4 Q Glidden?
5 MR. SKALLERUD: Objection.
6 MR. AXELRAD: Objection. You may answer.
7 A I do not recallseeing thename Glidden.
8 Q Fuller-0'Brien?
9 A I did not see the name Fuller-01 Brien.
10 Q Inquiry Number 5 on theNotice of
11 Deposition to be inquired into at this deposition
12 asked as to Doe Run and its predecessors during the
13 time period between 1928 and 1980 the company's
14 involvement in the Lead Industries Association, Inc.
15 What investigation did you make before
16 coming here today to determine St. Joseph Lead
17 Company's involvement in the Lead Industries
18 Association or formerly known as LIA?
19 A I did not make any investigation. 20 Q Why not?'
DR70-00346
21 A Among other things, I didn't feel it was Evans Reporting Service
41
1 necessary.
2 Q Why did you feel it was not necessary?
3 A I am reasonably familiar with St. Joe1s .
4 role in LIA.
5 Q You have personal familiarity with LIA1s
6 involvement -- strike that -- with St. Joe's
7 involvement with the LIA?
8 A Yes, I do.
9 Q And when did you first have some personal
10 involvement in St. Joe's association with the LIA?
11 A I first became associated with LIA in
12 about 1973.
13 Q And how did you become so associated?
14 A I started to attend meetings of the LIA
15 Environmental Health Committee.
16 Q For" how long a period of time did you
17 continue as Saint Joe's representative on the LIA
18 Environmental Committee?
19 MR. CALDWELL: Objection.
2 0 MR. MARK SULLIVAN: That wasn't his
21 testimony.
Evans Reporting Service
!!IIIIIIIII!!il!lllll DR70-00S47
42
1 A I was never officially St. Joseph's
2 representative on the Environmental Health
3 Committee.
4 That honor was normally assigned to
5 somebody from the lead smelter. I was there from
6 the standpoint of a corporate position within the
7 Health Committee.
8 Q In 1973, who was the St. Joe official
9 representative on the Environmental Committee?
10 A It would have been Don Bielstein,
11 B-I-E-L-S-T-E-I-N.
12 Q Mr. Bielstein was the official
13 representative, but you accompanied him to
14 Environmental Committee meetings of LIA?
15 A That is correct.
16 Q And- for what period of time did you
17 continue to attend with Mr. Bielstein meetings of
18 the Environmental Committee of LIA?
19 A Don retired in about oh, 1980, I want to
20 say, sometime in that timeframe. His successors
21 MR. AXELRAD: Wait a minute. The Evans Reporting Service
DR70-00348
43
1 question -- I will interrupt simply to note
2 because you did not, Mr. Samuel, that the question's
3 time reference ends in 1980. And I ask you,
4 Mr. Samuel, to incorporate that into your question
5 in light of the notice.
6 MR. SAMUEL: That1s fine.
7 MR. AXELRAD: So, Mr. Welch, please don't
8 discuss the subject beyond 1980.
9 THE WITNESS: Through 1980, I attended
10 meetings with Don Bielstein.
11 BY MR. SAMUEL:
12 Q Did the LIA have other committees apart
13 and separate from the Environmental Committee, if
14 you know?
15 A Yes, it does.
.
16 MR. AXELRAD: Mr. Welch. Can I interrupt,
17 Mr. Samuel? You answered in the present. You said
18 yes, it does. Would you direct your answers to the
19 time period 1928 to 1980, please.
20 THE WITNESS: In the timeframe that I am iiiiiiiiiiiiiiliii*
21 familiar with, ' 73 through '80, there were other
DR70-00349
Evans Reporting Service
44
1 committees, yes.
2 MR. AXELRAD: Thank you
3 BY MR. SAMUEL
4 Q Can you identify those other committees
5 for the record that existed between 1973 and 1980?
6 MR. MARK SULLIVAN: Objection
7. MR. AXELRAD: You can answer,
8 I don't know that I can name them
9 specifically, but there were marketing committees
10 There certainly was an executive committee. There
11 were committees dealing with new products, product
12 development. Those committees, I recall
13 specifically.
14 Q If you know, has Doe Run kept copies of
15 the records of the proceedings of the LIA?
16 MR CALDWELL : Obj ection.
17 A I did not discover any records when I
18 reviewed St. Joe's records. I did not discover any
19 records regarding LIA when I reviewed St. Joe' s
20 records
DR70-00350
21 Q When you terminated your relationship as Evans Reporting Service
45
1 an employee of the company in 1987, what was the
2 document -retention policy of the company at that
3 time?
4 A There was no official document-retention
5 policy.
6 Q As a consultant to the company for the
7 period of time from 1987 onward, would you be in a
8 position to know whether the company adopted a
9 document-retention policy at some subsequent time?
10 A No, I am not.
11 Q In reviewing the records of Doe Run in
12 preparation for coming here today, did you make any
13 inquiry as to the existence of a corporate
14 document-retention policy?
15 A Yes, I did.
16 Q And "what were you told?
17 A That we were working on one.
18 Q Okay. And who told you that?
19 A Walter Nowotny.
20 Q He is the gentleman you identified earlier
21 in your testimony?
iI DR70-0035'
Evans Reporting Service
46
1 A That's correct.
2 Q Are any Doe Run records kept in other
3 forms such as in computer memory banks ?
4 A In the timeframe that we are talking
5 about, 1980 and prior, there would have been some
6 production records and some financial records that
7 would have been computerized.
8 Q And where is the archives of those
9 computer tapes?
10 A I don't know.
11 Q During that relevant time span 1950 to
12 1980, were company records preserved and stored by
13 any other methods such as, for example, microfiche?
14 A No, they were not.
15 Q Commencing in 1963 when you were initially
16 employed and^going up to 1980, did Doe Run or its
17 predecessor, St. Joe, operate lead mines?
18 A Yes, we did.
19 Q And where were those lead mines located?
20 A Initially, the lead mines were in the
21 so-called Old Lead Belt, Missouri which is south of
'
Evans Reporting Service
INI I: ' ! I DR70-00352_
47
1 St. Louis, Missouri, in the Bonneterre,
2 B-O-N-N-E-T-E-R-R-E, area.
3 In about -- those mines were largely
4 played out in the late 150s and early '60s. By
5 about 1965, maybe '66, St. Joe had started to mine
6 in the so-called New Lead Belt of Missouri which is
7 the Viburnum area of Missouri.
8 All operations were closed down in the Old
9 Lead Belt in about 1974.
10 MR. SAMUEL: Off the record.
11 (Discussion held off the record)
12 VIDEO OPERATOR: Back on the record. The
13 time is approximately 11:12.
14 BY MR. SAMUEL:
15 Q You have testified that when the old mines
16 in the so-called Old Belt Area were played out, St.
17 Joe opened new mines in the Viburnum area?
18 A That's correct.
19 Q And how many mines were in operation, say,
20 by 1980 in that district?
21 A In 1980 in the Viburnum district?
Evans Reporting Service
iiiiiiiiiiiiiimii
DR70-00353
48
1 Q Yes.
2 A St. Joe mines?
3 Q Yes.
4 A I believe there
were three. Correction.
5 There were four. There were three mills and four
6 mines.
7 Q And was there a smelter within that area
8 as well?
9 A No, the smelter continued to be located at
10 Herculaneum, Missouri.
11 Q Did St.Joe operate lead mines elsewhere
12 than in the United States in that timeframe 1963 to
13 1980?
14 A Yes.
15 Q And where were they?
16 A There was one lead silver mine located in
17 Argentina, northern portion of Argentina, Aguilar
18 mine, A-G-U-I-L-A-R.
19 St. Joe also had mining properties in Peru
20 and Australia, both of which produced -- well, the
21 mines in Peru were principally zinc mines, but they
Evans
Reporting Service' llllllllllllllllllllllllllllllllllllll
DR70-003B4
49
1 did produce some lead concentrates.
2 And the mine in Australia was principally
3 a copper mine, but it also produced some lead
4 concentrates.
5 Q Item Number 6 of the Notice of Deposition
6 inquired that to the extent which Doe Run or its
7 predecessors held executive meetings during which
8 the hazards of lead were discussed and/or at which
9 there were policy discussions regarding appropriate
10 user warnings of lead hazards.
11 In preparation for coming here today, did
12 you search the document archives of Doe Run and its
13 predecessors to determine if there were written
14 records of any such executive meetings?
15 A Subject to the same thing I said
16 previously, that that work was done prior to the
17 Notice of Deposition or my seeing the Notice of
18 Deposition.
19 I reviewed St. Joe records relating to
20 this question, and I did not identify any meetings
21 at which warnings, general subject of warnings were
Evans Reporting Service
llllllllllllllllllllllllllllllllllll DR70-00355
50
1 discussed.
2 Q Did you discuss that topic with anyone in
3 management as to the existence of any such records?
4 A I certainly discussed with everyone that I
5 could lay my hands on where additional records might
6 be located.
7 Q Can you recall the names of any of these
8 people you discussed this subject matter with?
9 A Well, Walter was certainly one. Other
10 people as I encountered them, if they knew the
11 existence of other storage areas.
12 Q And you were told what?
13 A I was told that the records that we had
14 identified were all of the records that we had.
15 Q I am not going to mark this, but I am
16 going to show-you, Mr. Welch, an excerpted page from
17 the St. Joseph Lead Company annual report of 1966, a
18 30-page document beginning with Bates stamp number
19 0553 and concluding with 0583 .
20 And the page I am going to show you is
21 Bates stamp page number 0567. And I will direct
Evans Reporting Service
liiimiiiiiin DR70-00356
1 your attention to the last paragraph under the
2 subtopic Lead Smelting. That paragraph reads quote,
3 "St. Joe's market for lead are growing. Traditional
4 uses as in gasoline additives, automobile batteries,
5 glass, paint and ammunition continue to expand when
6 new uses are being made possible by such
7 developments such as dispersion-strengthened lead."
8 In your review of the sales records to
9 which you have earlier given testimony, you
10 identified certain paint companies as customers for
11 St. Joe pig lead. Those would be companies
12 obviously involved in the paint industry.
13 Were there any other paint manufacturers
14 other than those that you identified earlier to
15 which St. Joe sold lead?
16 MRHOUFF: Object to the form.
17 MR. AXELRAD: Objection. I am going to
18 let him answer, Mr. Samuel, even though I think it's
19 fair to say that it is not referred to anywhere in
20 the notice. But if you can recall the answer over
21 my objection, please do so. Evans Reporting Service
I1HW
51
52
1 A I don't recall any specific companies that
2 I would identify as a paint company.
3 MR. SAMUEL: That's all I have.
4 MR. AXELRAD: Thank you very much. Does
5 anyone have any questions of the deponent? Not
6 hearing anything, I have no questions. And thank
7 you very much., Mr. Samuel. And we would like to
8 read it at your convenience. Thank you very much.
9 VIDEO OPERATOR: The deposition of Gary
10 Welch is concluded. The time is approximately 11:21
11 a.m. 12
(Deposition concluded at 11:21 a.m.)
13
14
15
16
17
18
19
20
21
Evans Reporting Service
DR70-00353
.. 53
1 State of Maryland
2 Harford County
3 I, Denise M. Thomas, a Notary Public of the
4 State of Maryland, Harford County, do hereby
5 certify that the within-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 stenographica 1 ly by me and this transcript
11 is a true record of the proceedings.
12 I further certify that I am not of counsel
13 to any of the parties, nor an employee 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 26th day
17 March, 1996.
18
19 Denise M. Thomas
20 My Commission Expires 9-8-98.
21
Evans Reporting Service
DR70-00359 __
54
1 INDEX
2 Deposition of Gary E. Welch
3 March 12, 1996
4
5 EXAMINATION BY:
PAGE
6 Mr. Samuel
6
7
8 EXHIBIT
DESCRIPTION
PAGE
91
Notice of deposition
20
10
11
12
13
14
15
16
17
18
19
20
iiiiiiiiiiiiiiiiiiiiniiiii DR70-00360 21
Evans Reporting Service
1 ERRATA AND SIGNATURE SHEET
2 I, GARY E. WELCH, have read the aforegoing
3 and verify the same to be stenographically accurate
4 with the exception of the following changes (if .
5 any) :
6 Page Line
Reads
Should Read
7
8
9
10
11
12
13
14
15
16
17
18 ( ) I have no corrections.
19
20
21
Signature of Deponent
9^70-00361
Evans Reporting Service
ALLEN WRIGHT, et al.
* IN THE
Plaintiffs
* CIRCUIT COURT
v. * FOR
LEAD INDUSTRIESASSOCIATION,
* BALTIMORE CITY
INC., et al.
* CASE NOS. 94363042/CL190487
Defendants
94363043/CL190488
. *
************ ********
NOTICE TO TAKE VIDEOTAPE DEPOSITIONS
TOi ALL COUNSEL
This Notice of Depositions supersedes and therefore replaces
the No'tice of Depositions served in the above captioned matter on
January 30, 1996.
You are hereby notified that the Plaintiffs, represented by
the Law Offices of Peter G. Angelos, pursuant to the terms and
provisions of the Maryland Rules, will take the deposition, upon
oral examination of the following, to be used for any and all
permissible purposes, before a Notary Public of the State of
Maryland, or any other duly qualified officer who may be selected
'to act in his or her place, by stenographic and videotape
recording at the Law Offices of Peter G. Angelos, 300 East
Lombard Street, 18th Floor, Baltimore, Maryland 21202, on the
dates and times set forth below, to be continued from time to
time until completed.
NAME
A. Bauer & Company The Glidden Company Atlantic Richfield Company
DATE
TIME
03/06/96 03/07/96 03/11/96
10:00 AM 10:00 AM 10:00 AM
A:\RER\LEADPAINT4\KST\AMDN0TD2.WRI
1
DR.70-00362
Doe Run Resource Corporation E.I. DuPont DeNemours Lead Industries Association, Inc. Schumann Hardware NL Industries, Inc. Sherwin Williams O'Brien Corporation
03/12/96 03/14/96
03/20/96 03/21/96 03/25/96 03/28/96 04/09/96
10:00 AM 10:00 AM
10:00 AM 10:00 AM 10:00 AM 10:00 AM 10:00 AM
Each Defendant listed above is hereby advised that pursuant
to Maryland Rule 2-412(d), it must designate one or more record
. custodians, officers, directors, managing agents, or other
persons qualified to testify on its behalf regarding the
following matters known or reasonably available to it:
1. The authentication of each of the documents produced by
Defendants.'
2. The extent to which each Defendant was aware of the
hazardous nature of le^d, lead pigment and/or lead paint and the
date (s) when each Defendant first became aware of those hazards.
3. The years during which each Defendant was aware of the
availability of lead-free residential paint products and/or
marketed lead-free paint products as an alternative to, a
replacement for or a substitute for leaded paints for residential
applications. 4. The extent t~ which each Defendant marketed, lead, lead
pigment and/or lead p?nt products to any of its co-Defendants
and/or to the State* of Maryland between 1950 - 1980.
5. . Each Defendant's involvement in the Lead Industries
Association, Inc. or the National Paint Varnish and Lacquer
Association between 1928 - 1980.
A: \RER\LEADPAINT4\KST\AMDNOTD2. WRI
DR70-00363
6. The extent to which each Defendant held executive .meetings during which the hazards of lead were discussed and/or at which there were policy discussions regarding appropriate user warnings of lead hazards.
7. The extent to which each Defendant has information and/or knowledge concerning Plaintiffs' design defect, negligent failure to adequately warn, strict liability, conspiracy and punitive damages claims against Defendants where applicable.
Respectfully submitted.
Thomas L. Samuel
-V
-RatialE .Richardson
Law Offices of Peter G. Angelos A Professional Corporation 300 East Lombard Street 18th Floor Baltimore, MD 21202 (410) 659-0100 Attorneys for Plaintiffs
Ai \RER\LEADPXINT4\KST\AMDNQTD2 .WKI
3
:iiji JMl!l
DR70-00364
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of this foregoing Amendment by
Interlineation on this
day of
, 1996 was
mailed, by first class, postage prepaid to:
.
J. Hardin Marion John B. Isbister Diane V. D/Aiutolo TYDINGS Sc ROSENBERG 100 East Pratt Street Baltimore, MD 21222
Otis P. Pearsall Philip H. Curtis
Deborah Goldberg ARNOLD Sc PORTER 399 Park Avenue New York, NY 10022-4690
Dean M. Harris ATLANTIC RICHFIELD COMPANY
P.O. Box 2679 - T.A. 515 South Flower Street Los Angeles, CA 90071
Robert N. Weiner Murray R. Garnick ARNOLD Sc PORTER 555 12th Street, N.W. Washington, D.C. 20004
Attorneys for Defendant, Atlantic Richfield Company
Timothy S. Hardy KIRKLAND Sc ELLIS 655 15th Street, N.W. Suite 1200 Washington, D.C.
Jeffrey A. Hall BARTLIT BECK HERMAN
PALENCHAR Sc SCOTT 54 West Hubbard Street Chicago, IL 60610
James P. Ulwick, Esquire KRAMON Sc GRAHAM, P.A. Commerce Place, Suite 2600 One South Street Baltimore, MD 21202-3201
Attorneys for Defendant, NL Industries, Inc.
Edward F. Houff
CHURCH Sc HGUFF, P.A. 117 Water Street, Suite 700 Baltimore, MD 21202-1044
Paul M. Pohl
Charles H. Moellenberg, Jr.
John E. Iole
JONES, DAY, REVIS Sc POGUE
One Mellon Bank Center
500 Grant Street, 31st Fl.
Pittsburgh, PA 15219
Attorneys for Defendant, The Sherwin-Williams Company
A:\RER\LEADPT2\KST\WRIGHT.CER
IlllllllllllllllllSSIIllll
DR70-00365
Charles S. Hirsch BALLARD SPAHR ANDREWS
Sc INGERSOLL 300 East Lombard Street, 19th Floor Baltimore, MD 21202-3268
Earl W. MacFarlane E.I. DUPONT DE NEMOURS
Sc COMPANY D-7082 1007 Market Street Wilmington, DE 19898
Attorneys for Defendant, E.I. DuPont De Nemours & Company
Harold J. Engel POPHAM, HAIK, SCHOBRICH
Sc KAUFMAN 655 15th Street, N.W. Suite 800 Washington, D.C. 20005
G. Marc Whitehead Michael T. Nilan POPHAM, HAIK, SCHNOBRICH
Sc KAUFMAN, LTD. 3300 Piper Jaffray Tower 222 South Nineth Street Minneapolis, MN 55402
Attorneys for Defendants, SCM Corporation and The Glidden Company
Charles W. Siragusa, Esquire Wade R. Joyner, Esquire CROWLEY BARRETT Sc KARABA,
LTD. 20 South Clark Street Suite 2310 Chicago, IL 60603-1895
James K. Archibald, Esquire VENABLE, BAETJER Sc HOWARD 1800 Mercantile Bank Sc Trust
Bldg., 2 Hopkins Plaza Baltimore, MD 21201
Attorneys for Defendant, FULLER-O'BRIEN CORPORATION sued as Fuller & O'Brien
Peter F. Axelrad, Esquire
JACKSON Sc CAMPBELL
111 S. Calvert Street
Suite 2700
*
Baltimore, MD 21202
Adam Caldwell, Esquire JACKSON Sc CAMPBELL 1120 20th Street South Tower Washington, D.C. 20036
Walter W. Nowotny, Esquire
THE DOE RUN COMPANY1801 Park 270 Drive Suite 300 St. Louis, MO 63146 (314) 453-7110
Attorneys for Defendant, THE DOE RUN RESOURCES CORP. . sued as St. Joe Minerals Corporation
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DR70-00366
Mark L. Sullivan
SULLIVAN, SULLIVAN &
PINTA 100 Franklin Street Boston, MA 02110
Paul W. Grimm, Esquire NILES, BARTON & WILMER 1400 Legg Mason Tower 111 South Calvert Street Baltimore, MD 21202
Attorneys for Defendant, Lead Industries Association, Inc.
Natalie Magdeburger, Esquire WHITEFORD, TAYLOR & PRESTON 210 West Pennsylvania Avenue
4th Floor Towson, Md 21204
Martin E. Marvel, Esquire A. BAUER & COMPANY Suite 600 29 West Susquehanna Avenue Towson, MD 21204
Attorneys for A. Bauer & Company
James P. O'Meara, Esquire Frank Buckley, Esquire ROLLINS, SMALKIN, RICHARDS
Sc MACKIE 401 N. Charles Street Baltimore, Md 21201
Attorneys for Schumann Hardware Company
AtTfoj^ey TdfSPT'aintif f s
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DR70-00367