Document RpNXkoRB3B4wx5je3XLR5K7Xk

1 18TH JUDICIAL DISTRICT COURT PARISH OF IBERVILLE 2 STATE OF LOUISIANA 3 NO. 48,138 DIVISION A 4 5X 6 FRANK FRANCES CASHIO, et al. , 7 Plaintiffs, 8 -vs- 9 OWENS-CORNING FIBERGLAS CORPORATION, et al. , 10 Defendants. 11 12 Pages 1-232 X 13 14 Deposition of Neill K. Weaver, M. D. 15 Crystal City, Virginia 16 Friday, April 3, 1998 17 18 19 Reported by: Nancy Siegel 20 21 22 Page 1 EXX-MOR-004812 1 2 3 4 April 3, 1998 5 11:15 a.m. 6 7 Videotaped deposition of Neill K. Weaver, 9 M. D. held at: 10 11 12 13 Crystal City Marriott 14 1700 Jefferson Davis Highway 15 Crystal City, Virginia 16 17 18 Pursuant to notice, before Nancy Siegel, RMR, 19 a Notary Public of the State of Virginia. 20 21 22 Page 2 EXX-MOR-004813 1 APPEARANCES: 2 3 Baron & Budd, P. C. 4 For the Plaintiffs FRANK FRANCES CASHIO, 5 ET AL. 6 3102 Oak Lawn Avenue 7 Suite 1100 8 Dallas, Texas 75219-4281 9 (213) 521-3605 10 BY: Peter A. Kraus, Esq. 11 Patrick N. Haines, Esq. 12 13 14 15 Hailey, McNamara, Hall, Larmann & Papale, 16 L.L.P. 17 For the Defendants ANCO INSULATIONS, INC. 18 The Galleria 19 Suite 1400 20 Metairie, Louisiana 70011-8288 21 (504) 836-6500 22 BY: Robert D. Ford, Esq. Page 3 EXX-MOR-004814 1 Strong, Pipkin, Nelson, Bissell & Ledyard, 2 L.L.P. 3 For the Defendant EXXON CORPORATION 4 1400 San Jacinto Building 5 595 Orleans Street 6 Beaumont, Texas 77701-3255 7 (409) 981-1000 8 BY: David W. Ledyard, Esq. 9 10 11 ALSO PRESENT: 12 Dennis Albaneze, VSI Video 13 14 15 16 CONTENTS 17 18 19 EXAMINATION OF DR. WEAVER BY: PAGE: 20 MR. KRAUS: 8 21 22 Page 4 EXX-MOR-004815 1 WEAVER DEPOSITION EXHIBITS: PAGE: 2 3 1 - Notice of Taking Videotaped 4 1442 Deposition................................................. . 7 5 6 2 - Curriculum Vitae of Neil Kendall 7 Weaver, M. D., and attachments. . . . 46 8 9 3 - Summary of the Conference on 10 Biological Effects of Asbestos, 11 October 19, 20, 21, 1964 ........................... . 46 12 13 4 - Handwritten notes, Fred Venable, 14 re: Eugene Gray, and attachments. . . 97 15 16 5 - Defendant Exxon Corporation's 17 First Set of Supplemental Answers 18 to Plaintiffs' Interrogatories. . . . 121 19 20 6 - Memorandum to Jones, from Venable, 21 subject: Asbestos exposures. . . . . 138 22 Page 5 EXX-MOR-004816 1 7 - Memorandum to Ray, from SCP, 1/7/72. . 167 2 3 8 - Memorandum to Dr. Neill K. Weaver, 4 from Fred S. Venable, 5/13/64. . . . . 173 5 6 9 - Insulation Study, Esso Standard Oil 7 Company, Baton Rouge Refinery. . . . . 192 8 9 10 - Handwritten notes, 12/28/71...................... 194 10 11 11 - Report on Summary of the Plant 12 Industrial Hygiene Problems...................... 216 13 14 15 16 17 18 19 20 21 22 Page 6 EXX-MOR-004817 1 MR. KRAUS: Can you mark 2 this . 3 (The document referred to was marked Weaver Deposition 4 Exhibit No. 1 for identification and is attached 5 to the court copy of this deposition.) 6 7 MR. ALBANEZE: We're on the 8 record April 3rd, 1998, the time is 11:15 in 9 the morning, we're in Crystal City, Virginia 10 for this deposition. 11 We're in the 18th Judicial District 12 Court, Parish of Iberville, State of 13 Louisiana. We're in the matter of Frank 14 Frances Cashio, et al., versus Owens-Corning 15 Fiberglas Corporation, et al., Docket Number 16 48,138, Division A. 17 My name is Dennis Albaneze from VSI 18 Video in Rockville, Maryland. At this time I 19 would like the attorneys present to voice 20 identify themselves for the record. 21 MR. KRAUS: Peter Kraus for 22 the plaintiffs. Page 7 EXX-MOR-004818 1 MR. LEDYARD: David Ledyard 2 for Exxon Corporation and Dr. Weaver. 3 MR. FORD: Robert Ford for 4 Anco Insulations, Inc. 5 MR. HAINES: Patrick Haines 6 for the plaintiffs. 7 MR. ALBANEZE: A court 8 reporter from the firm of Friedli, Wolff & 9 Pastore is present and will now swear in the 10 witness. 11 Thereupon, 12 NEILL K. WEAVER, M. D. 13 The witness, was called for examination by 14 counsel for the Plaintiffs, and, after having 15 been sworn by the notary, was examined and 16 testified as follows: 17 EXAMINATION BY COUNSEL FOR THE PLAINTIFFS 18 BY MR. KRAUS: 19 Q Good morning. Dr. Weaver. My name 20 is Peter Kraus. You have been deposed before. 21 have you not? 22 A I have. Page 8 EXX-MOR-004819 1 Q Okay. You know generally what this 2 process is all about. I'll ask questions, and 3 if you don't understand those questions. 4 please let me know and I'll try to rephrase 5 them in a way that makes them clearer for 6 you. Okay? 7 A Yes, thank you, I think that could 8 be important. 9 Q All right. And if you don't tell me 10 that you don't understand a question, I'll 11 assume that you did; is that okay? 12 A It sounds fair enough. 13 Q Okay. Can you tell me how many 14 times you have been deposed before? 15 A Not precisely. Some depositions I 16 have been involved in were very brief, and I 17 guess my memory from medical-legal things 18 isn't always foremost at the point of my 19 mind. It's been less than ten times, probably 20 five or six. 21 Q How many times have you been deposed 22 in asbestos litigation? Page 9 EXX-MOR-004820 1 A Two times. 2 Q Have you ever testified at trial in 3 an asbestos case? 4 A Never. 5 Q Let me ask you, with respect to the 6 depositions that you gave in asbestos 7 litigation, do you recall what year those 8 depositions were? 9 A Both were in 1993. 10 Q All right. And do you recall the 11 attorneys involved in those depositions? 12 A I recall some of the attorneys 13 involved. 14 Q Well, I have a couple of transcripts 15 here, one is a series of cases in Louisiana; 16 do you recall that deposition in 1993? 17 A Can you be more specific than that? 18 Q Yes. There was a plaintiff's lawyer 19 there named James Piker and for Exxon Michael 20 Nussbaum. 21 A Michael Nussbaum I recall very 22 well. I don't place the name Piker, that Page 10 EXX-MOR-004821 1 could well have been the basis for one of the 2 cases, I just don't remember the name. 3 Q Gary Bezet was also there? 4 A That sounds familiar, yes. 5 Q All right. And I have a copy of a 6 transcript of another very lengthy deposition 7 involving attorneys named Hershel Hobson and 8 Joe Blanks; do you recall that deposition? 9 A I do. 10 Q And wasn't that deposition recessed 11 and didn't it take place over several days? 12 A It did. 13 Q Are you counting that as one 14 deposition? 15 A Yes. 16 Q Okay. And so other than those 17 series of examinations in the cases involving 18 Mr. Blanks and Mr. Hobson and the Louisiana 19 transcript involving Mr. Nussbaum and Mr. 20 Bezet, do you recall any other testimony 21 you've given under oath in asbestos cases? 22 A I recall none. Page 11 EXX-MOR-004822 1 Q Okay. All right, sir. How old of a 2 gentleman are you? 3 A I'm 78. 4 Q And what are you presently engaged 5 in as your occupation? 6 A I've retired from full-time 7 employment and I'm in selective consultative 8 medical science work pertaining to 9 occupational and environmental medicine. 10 Q Can you be more specific as to the 11 kind of consultation you are doing involving 12 occupational medicine? 13 A Providing medical science 14 information basically pertaining to 15 hydrocarbons, petroleum derived hydrocarbons. 16 Q Anything else? 17 A Well, the asbestos cases came about 18 by means of subpoena. 19 Q All right. Who are your primary 20 clients in your consultation regarding 21 hydrocarbons ? 22 A I work with attorneys who tend to Page 12 EXX-MOR-004823 1 represent corporations. 2 Q Do you know the names of some of 3 those corporations? 4 A I do. 5 Q Could you tell us? 6 A Reynolds Metals Company. 7 Q Who else? 8 A I must say, off the top of my head. 9 I don't know. In addition to working with 10 attorneys and corporate technical people, I 11 also work with medical scientists who are 12 consulting with the corporations as well, so 13 that there may be intermediaries between me 14 and the corporate offices. 15 Q All right, sir. Do you remember the 16 name of any of the attorneys that you were 17 consulting with in this kind of work or their 18 law firms? 19 A H & W that you referred to earlier. 20 Q Hunton & Williams, is that right? 21 A Hunton & Williams based in 22 Washington and in Richmond. I don't recall Page 13 EXX-MOR-004824 1 any other law firms off of my memory at this 2 time . 3 Q Can you tell me the lawyers -- 4 excuse me . Can you tell me the lawyers that 5 you have dealt with at Hunton & Williams? 6 A I can't recall names other than Mr. 7 Bierbower 8 Q How about David Landon, have you 9 ever dealt with him? 10 A Yes, I have dealt with Mr. Landon. 11 Q Was that related to asbestos or 12 hydrocarbons ? 13 A That was really a broader type of 14 consultation with occupational medicine in 15 general. 16 Q Do you recall who his client was in 17 that consultation? 18 A Reynolds Metals Company. 19 Q When you say broader, can you 20 describe what you were doing for Reynolds in 21 that consultation? 22 A The state-of-the-art practice of Page 14 EXX-MOR-004825 1 occupational medicine as it evolved through 2 the years was a somewhat of a focal point. 3 Q In other words, you were doing a 4 review of the state-of-the-art concerning 5 occupational medicine at Mr. Landon's request 6 for Reynolds, is that correct? 7 A That is correct, and in the course 8 of that, I don't want to omit the fact that 9 asbestos was discussed along with other 10 potentially toxic agents. 11 Q In other words, in that case one of 12 the things that you did was review for 13 Reynolds your view of the development of the 14 state-of-the-art concerning asbestos, is that 15 correct? 16 A The focus on state-of-the-art 17 concerned the historical development of 18 occupational medicine practice, asbestos would 19 be an example that would fit into that. The 20 asbestos was not the primary, nor major focal 21 point of that effort. 22 Q I understand. Dr. Weaver, but I Page 15 EXX-MOR-004826 1 guess what I'm asking you is, as part of that 2 consultation you reviewed the development of 3 occupational medical practice with respect to 4 asbestos at the request of Mr. Reynolds -- Mr. 5 Landon for Reynolds Metal Company in that 6 consultation, correct? 7 A That is a correct statement, except 8 I would add that with respect to asbestos and 9 other potentially hazardous materials. 10 Q All right, fair enough. And just so 11 the jury understands, at least with respect to 12 the part of that review of the literature 13 concerning asbestos, Reynolds hired you to go 14 back and look at how the literature developed 15 and how occupational medicine developed with 16 respect to asbestos in your view, correct? 17 MR. LEDYARD: I object to 18 the form of the question, I think you are 19 mischaracterizing his testimony. I don't 20 think asbestos was ever the focus of this, and 21 your question implies that it was. 22 THE WITNESS: If my Page 16 EXX-MOR-004827 1 attorney objects, I would like to not answer 2 that question as posed. 3 BY MR. KRAUS: 4 Q Dr. Weaver, you're attorney may from 5 time to time assert objections to questions 6 that I ask during the deposition and a judge 7 will later consider those objections and rule 8 upon them, but it is typical that a witness go 9 ahead and answer the questions and then the 10 judge rule on it later; do you understand the 11 question that I asked? 12 MR. LEDYARD: Why don't you 13 rephrase the question. 14 THE WITNESS: No, I do not. 15 MR. KRAUS: Can you read 16 that question back, court reporter? 17 (Thereupon, the question was 18 read back by the reporter.) 19 THE WITNESS: I do not feel 20 that Reynolds hired me for the specific 21 purpose of reviewing the history of asbestos 22 as a potentially hazardous material. This was Page 17 EXX-MOR-004828 1 part of my effort, but the -- my focus was 2 broader than that with respect to broader 3 aspects of occupational medicine and dealing 4 with potentially hazardous materials. 5 BY MR. KRAUS: 6 Q I understand that, and I don't mean 7 to mischaracterize what you did for the jury. 8 I just want to focus on the part of that 9 review that dealt with asbestos, okay; do you 10 understand? 11 A Yes, sir, proceed. 12 Q Okay. And with respect to that part 13 of the review, your role for Reynolds in that 14 case was to review the literature and give 15 your opinions of how occupational medical 16 practice with respect to asbestos developed, 17 correct? 18 A That is essentiallycorrect. 19 Q All right. Now, why don't you go 20 back and tell me what your last job was before 21 you became a full-time consultant. 22 A That was -- Page 18 EXX-MOR-004829 1 MR. LEDYARD: I object to 2 the form of the question question, I don't 3 believe that he ever testified that he is now 4 a full-time consultant. 5 MR. KRAUS: Fair enough, I 6 will rephrase. 7 THE WITNESS: Thank you. 8 BY MR. KRAUS: 9 Q What was the last job you had before 10 you started consulting? 11 A I was medical director and director 12 of medicine in biological science at the 13 American Petroleum Institute in Washington. 14 Q What years were you with the 15 American Petroleum Institute? 16 A From late 1972 until late 1986. 17 Q All right, sir. And would you 18 describe for the jury what the American 19 Petroleum Institute or the API was? 20 A The API is a trade association for 21 the petroleum industry, it is a technical. 22 scientific and research organization, it tends Page 19 EXX-MOR-004830 1 to be associated with governmental activities 2 and is often viewed as a lobbyist on the part 3 of the industry. 4 I must point out that in my years 5 with the organization, I met only one or two 6 lobbyists, that, again, this organization is 7 principally technical, scientific and 8 research. 9 Q On behalf of the petroleum industry. 10 correct? 11 A That is correct. 12 Q And that includes the Exxon 13 Corporation and its predecessors, correct? 14 A That is correct. 15 Q All right. And can you tell the 16 jury what -- well, let me ask you, is Esso a 17 predecessor of the Exxon Corporation? 18 A Esso is one of the predecessors of 19 the Exxon Corporation. 20 Q And was Humble Oil one of the 21 predecessors of the Exxon Corporation? 22 A Yes. Page 20 EXX-MOR-004831 1 Q How about Standard Oil? 2 A Standard Oil, those two terms apply 3 to a variety of companies through history. 4 usually they are associated with a state or 5 some limiting part of the name. 6 Q Okay. Standard Oil of New Jersey, 7 for example? 8 A Yes. 9 Q Was that a predecessor of the Exxon 10 Corporation? 11 A It was a predecessor and holding 12 company for the Exxon, Esso Company. 13 Q Okay. Thank you. Now, sir, if I 14 understand your career, before you went to the 15 American Petroleum Institute in late 1972 you 16 were employed by Exxon Corporation and its 17 corporate predecessors, is that right? 18 A Yes, that is correct. 19 Q And that was from 1951 to 1972, is 20 that right? 21 A Yes. 22 Q All right. And you're a medical Page 21 EXX-MOR-004832 1 doctor by trade, correct? 2 A Yes. 3 Q And you have some specialty in the 4 area of occupational medicine through your 5 early training as well as through your career. 6 correct? 7 A I'm certified by the Board of 8 Preventive Medicine in occupational medicine. 9 Q All right, sir. And do you consider 10 yourself knowledgeable about the subject of 11 asbestos and disease? 12 A Asbestos and -13 Q Disease. 14 A Asbestos related disease? 15 Q Yes, asbestos related disease, fair 16 enough. 17 A Yes. 18 Q Okay. All right, sir. I'm going to 19 show you a notice of deposition which the 20 court reporter has marked Weaver exhibit 1. 21 Have you seen this. Dr. Weaver? 22 A I have seen it. Page 22 EXX-MOR-004833 1 Q Did you review this with your 2 lawyer, Mr. Ledyard? 3 A I did. 4 Q All right, sir. And I heard him 5 identify himself as your lawyer. Is he your 6 lawyer today at this deposition? 7 A Yes, yes, he is. 8 Q And he's also Exxon's lawyer, is 9 that correct? 10 A Indeed, that is correct. 11 Q And are you appearing today as a 12 corporate designee of the Exxon Corporation, 13 if you know? 14 MR. LEDYARD: Yes, he is. 15 THE WITNESS: I'm here at 16 the invitation of the Exxon Corporation. 17 BY MR. KRAUS: 18 Q Okay. And by that I mean we sent a 19 notice of a deposition which is in front of 20 you, and you have reviewed, to Exxon, and we 21 asked for people with knowledge of various 22 areas of -- various areas in that notice. Did Page 23 EXX-MOR-004834 1 you review those areas of concentration? 2 A I did. 3 Q Okay. And do you have knowledge. 4 are you the person most knowledgeable about 5 some of those areas at the Exxon Corporation? 6 A Some of those areas, yes. 7 Q Okay. 8 MR. LEDYARD: I object to 9 the form of the question. I don't believe 10 there's a requirement that he be the most 11 knowledgeable, but he's certainly 12 knowledgeable about many of them. 13 BY MR. KRAUS: 14 Q And did you review the subpoena 15 duces tecum seeking the production of 16 documents? 17 MR. LEDYARD: That's the -- 18 BY MR. KRAUS: 19 Q The document request -20 A Yes, I just wanted it identified, I 21 did. 22 Q Go ahead and answer. Can you repeat Page 24 EXX-MOR-004835 1-- 2 A That's identified as an attestment 3 to the document in front of me or included in 4 the document in front of me, I did review 5 that. 6 Q Okay. And did you bring the 7 documents that you had with you today that 8 were responsive to that request? 9 A I did. 10 Q Your lawyer gave to me -- now I'm 11 mixing mine up with yours, just a second -- 12 your lawyer gave to me the documents that you 13 brought with you today, and I would like to 14 hand them back to you as I go through them and 15 ask if this is correct. 16 You brought a copy of your resume. 17 is that correct, which was identified as 18 defendants' exhibit 6 at a Weaver deposition 19 on August 20th, 1993; is that from you today? 20 A It is. 21 Q All right, sir. 22 MR. ALBANEZE: Mr. Kraus, Page 25 EXX-MOR-004836 1 your microphone is off. Just snap it back on 2 the top. 3 MR. KRAUS: Oh. 4 MR. HAINES: It fell off. 5 MR. FORD: You shouldn't 6 have told him. 7 MR. ALBANEZE: Snap it on 8 the top, don't slip it on. 9 MR. KRAUS: Snap it. 10 MR. ALBANEZE: There it 11 goes . 12 BY MR. KRAUS: 13 Q And did you bring this document 14 Chronic Pulmonary Disease in an Industrial 15 Population, of which you are one of the 16 coauthors from 1960, marked as Weaver 4 from 17 another deposition? 18 A I did. 19 Q Okay. And this article by Dr. 20 Robert Jones about Pleural Plaques, Diagnostic 21 Problems and Significance, did you bring this 22 article? Page 26 EXX-MOR-004837 1 A I did. 2 Q Are you aware that Dr. Jones has 3 been listed as an expert and has reviewed some 4 of the plaintiffs in this case? 5 A I'm aware that he's been listed as 6 an expert in this case. 7 Q Dr. Weaver, do you know that this 8 case is set for trial on April 20th in Baton 9 Rouge? 10 A No, I did not know the date. 11 Q You didn't know it was set for 12 trial? 13 A I guess I assumed it was set for 14 trial. I haven't been formally notified of 15 that. 16 Q Okay. Have you been contacted about 17 coming to testify as a witness for Exxon? 18 A Not beyond today's proceeding. 19 Q Another document that I believe you 20 brought with you is a report entitled Dust 21 Producing Operations by Mr. Bonsib at Standard 22 Oil of New Jersey, previously marked Page 27 EXX-MOR-004838 1 deposition exhibit 1 from the August, '93 2 deposition. Is that a document that you 3 brought? 4 A It is . 5 Q And a pamphlet of an article that 6 you were a coauthor called Tuberculosis in an 7 Industrial Plant, was that produced pursuant 8 to the subpoena? 9 A Yes. 10 Q And did you bring this article 11 Epidemiological Study of Refinery and Chemical 12 Plant Workers as well? 13 A Yes . 14 Q All right. And it looks like you 15 brought three loose pages that appear to be 16 the face pages of certain books, is that 17 correct? 18 A Yes, my personal medical library 19 contains a number of books and these that have 20 reference to asbestos and asbestos related 21 diseases. and these are examples of such 22 books. Page 28 EXX-MOR-004839 1 Q Okay. And could you identify them 2 for the record what they are? 3 A The Hazardous Materials Toxicology, 4 Clinical Principles of Environmental Health 5 published by Williams and Wilkins, it's -- I 6 don't have the date, it contains -- it was 7 published in the early 1990s and it has a 8 chapter on asbestos. 9 Q Okay. 10 A The other -- another example is the 11 Encyclopedia of Occupational Health and Safety 12 from the International Labor Organization in 13 Geneva, the third edition published in 1983, 14 Volume 1, and the Table of Contents reveals 15 that there are three chapters on related to 16 asbestos in this reference book. 17 Another example is the NIOSH Pocket 18 Guide to Chemical Hazards, which is a small 19 summary-type document, a quick reference item 20 which has a line item for asbestos in this 21 format. 22 Q Okay. Page 29 EXX-MOR-004840 1 A So these are examples of the types 2 of materials that are present in my personal 3 medical library pertaining to asbestos. 4 Q I take it there are other materials 5 in your personal library related to asbestos 6 aside from the -- from those books that you 7 identified, is that correct? 8 A That is correct. 9 Q Okay. Now, with respect to the 10 Encyclopedia of Occupational Health, a volume 11 or letters A through K, that's a very thick 12 volume, isn't it? 13 A Yes. 14 Q Okay. You also brought a document 15 previously marked Weaver 15 entitled Job 16 Placement of the Partially Disabled, isn't 17 that correct? 18 A Yes. 19 Q There's something marked Weaver 2 20 from another deposition entitled To Your Good 21 Health at Esso, it appears to be a photostat 22 of a booklet, is that correct? Page 30 EXX-MOR-004841 1 A That is correct. 2 Q There's a 1966 letter from you to a 3 Mr. Dooley at Texaco, is that right? 4 A That is correct. 5 Q And something marked Weaver exhibit 6 7, a 1949 Industrial Hygiene Survey of the 7 Baton Rouge Refinery; is that also a document 8 you brought with you? 9 A It is . 10 Q Okay. David, I would like to 11 mark -- let me first ask you, is that 12 everything that you brought with you 13 responsive to this subpoena duces tecum today? 14 A I believe that is a complete list. 15 Q Okay. 16 MR. LEDYARD: Unless there 17 is anything else over there that you got mixed 18 up. 19 MR. KRAUS: I don't think 20 so. I will represent to you that I didn't 21 steal any of your documents and not give them 22 back to you. Page 31 EXX-MOR-004842 1 BY MR. KRAUS: 2 Q Can we mark all of those as the 3 production as Weaver exhibit 2 and let the 4 court reporter copy them and return them to 5 you, is that going to be okay? 6 A Certainly. 7 Q Thank you. 8 MR. LEDYARD: If you are 9 going to be talking about them individually, I 10 am not sure we ought to mark them all as 11 exhibit 2, but -12 MR. KRAUS: Well, I will 13 take that up as we get to it. We might -- 14 MR. LEDYARD: Okay. You 15 will just otherwise identify anything -- 16 MR. KRAUS: I will make it 17 clear because I do have some questions about 18 some of it. 19 BY MR. KRAUS: 20 Q And other than the medical texts 21 which you said these face pages were examples 22 that were representative of what you have, are Page 32 EXX-MOR-004843 1 there any other documents in your possession 2 that you're aware of responsive to the 3 subpoena duces tecum in the Notice attached as 4 exhibit 1? 5 A Mr. Kraus, I have extensive personal 6 medical files, they have been reduced now to 7 some 9, 10 or 12 file boxes, and it was not 8 feasible really to go through there looking 9 for every item which might mention asbestos or 10 asbestos related diseases. 11 I endeavored to display for you the 12 type of things that are pertinent to this. I 13 have research reports, but they were not 14 basically related to asbestos, they were 15 epidemiologic studies in my files. Again, 16 they are not particularly -- not directly 17 related to asbestos, but have indirect 18 relationship to it, the subject. 19 So that with extensive medical 20 files, I endeavored to be reasonably complete 21 as feasible in responding to your request. 22 Q I take it from your response that Page 33 EXX-MOR-004844 1 you have not reviewed in detail the 9 to 10 or 2 12 boxes to see if there are any additional 3 materials in those boxes which may be 4 responsive to this document request? 5 A I have not. 6 Q Okay. Can you tell me the kinds of 7 things you maintain in your extensive personal 8 medical files you mentioned? 9 A Well, there are many research 10 reports from the American Petroleum Institute 11 Research Program during the years I was 12 associated with the institute, there are a 13 collection of published papers in the 14 scientific literature that are epidemiologic 15 studies in the petroleum industry, there 16 are -- there's a collection of my publications 17 in the medical and scientific literature, some 18 80-plus papers, there is a collection of 19 presentations that I have made at medical and 20 scientific meetings through the years that my 21 secretary accumulated in which I retained when 22 I went into retirement. Page 34 EXX-MOR-004845 1 There are collected papers 2 pertaining to certain medical societies that I 3 have been a member of or active in, Medichem, 4 an international medical society for the 5 chemical industry is an example of that, and 6 we've already mentioned that there are certain 7 text and reference books of which I produced 8 certain examples here, and so that is a resume 9 of the type of material that exists within my 10 files. 11 Q Do you have any specific file 12 materials related to your time at Exxon as 13 opposed to your time at the API or your 14 subsequent consulting that are part of these 9 15 to 12 boxes? 16 A I have no files pertaining to my 17 tenure at Exxon other than the items I've 18 mentioned, papers I've published when I was 19 there, certain presentations that were made 20 when I was there. I consider these more 21 personal than corporate, and other than that, 22 I have -- I do not have files from my tenure Page 35 EXX-MOR-004846 1 at Exxon. 2 Q Okay. All right, sir. Going back 3 to your time at Exxon, as I understand it. 4 when you arrived at Exxon in Baton Rouge in 5 1951, you were aware that asbestos was a 6 potentially dangerous substance, is that 7 correct? 8 A That is correct. 9 Q You knew it caused the disease 10 called asbestosis, is that correct? 11 A I did. 12 Q And you knew that was a latent 13 disease. in other words, it took many years 14 after initial exposure for the onset of that 15 disease. is that correct? 16 A Yes. 17 Q And -- 18 A Latency is dependent somewhat upon 19 the intensity of exposure, too. 20 Q Right, the more intense the 21 exposure. the quicker the disease comes on, is 22 that what you mean? Page 36 EXX-MOR-004847 1 A That could be the case, yes. 2 Q Okay. And you knew that this was a 3 progressive disease, is that correct? 4 A That it may progress, yes. 5 Q All right. And that it was a 6 potentially fatal disease, is that correct? 7 A Yes. 8 Q And you would agree with me that the 9 effects of asbestosis are irreversible upon 10 the body. there's no way to stop it and take 11 away the scarring in the lung once it starts. 12 is that correct? 13 A That is correct. 14 Q Once asbestosis has set in, there's 15 really no effective treatment or cure, is 16 there. Dr . Weaver? 17 A That is correct. 18 Q And this disease asbestosis, it's 19 been described by that name in the medical 20 literature since the 1920s, correct? 21 A I believe 1927 or '28. 22 Q All right. And would you agree with Page 37 EXX-MOR-004848 1 me that the first reports of the association 2 between lung cancer and asbestosis occurred in 3 the literature as early as 1935? 4 A There were case reports in the 5 1930s, and I'm not certain when the first case 6 was reported, but there were such reports 7 during the 1930s. 8 Q Okay. Have you previously testified 9 that 1935 was the first association in the 10 literature that you're aware of? 11 A I don't know. 12 Q You don't disagree with that. 13 though? 14 A No. 15 Q And by the time you arrived at Exxon 16 in 19 -- or Esso, I guess it was at that time. 17 in 1951, were you aware of the case reports 18 associating lung cancer and asbestosis? 19 A In 1951, yes, I was. 20 Q Had you read the editorial 21 associating lung cancer and asbestosis in 1949 22 in the Journal of the American Medical Page 38 EXX-MOR-004849 1 Association? 2 A I don't recall that specifically. 3 Q Were you getting the Journal of the 4 American Medical Association when you got to 5 Exxon in 1951? 6 A Probably not. 7 Q Do you recall when, if ever, you 8 started to receive that publication? 9 A I received it when I was a member of 10 the American Medical Association, and I became 11 a member during the 1950s, I don't know just 12 what year. 13 Q All right, sir. In any event, it's 14 true, sir, that, in your view -- well, let me 15 go back to that. This resume that you 16 provided , previously marked as Weaver 6 at 17 another deposition, states that you became a 18 member of the American Medical Association in 19 1949 . 20 A Well, I stand corrected, then. 21 Q And would that have been when you 22 started to receive the Journal of the American Page 39 EXX-MOR-004850 1 Medical Association? 2 A Yes, it wouldhave been. 3 Q Okay. But you don't specifically 4 recall the editorial I referenced? 5 A Of what year? 6 Q 1949. 7 A No, I was not -- I was an internist, 8 allergist, cardiologist at that time and 9 wasn't focusing on occupational medicine or 10 asbestos-related diseases, and so I do not 11 recall that editorial. 12 Q And that focus in your career really 13 began when you went to Exxon in 1951, correct? 14 A After I went to Exxon in 1951. 15 Q All right. And in the past, I think 16 you testified that you became aware of Dr. 17 Doll's 1955 study associating lung cancer with 18 asbestos pretty much when it was published, is 19 that correct? 20 A I think I would have become aware of 21 that, I don't recall at this time what journal 22 it was published in, but I think I became Page 40 EXX-MOR-004851 1 aware of that. 2 Q And you agree with me that that was 3 the publication that, in your mind. 4 conclusively established a causal connection 5 at least between asbestosis and lung cancer. 6 correct? 7 A I do not agree. 8 Q You do not agree? 9 A No, sir. 10 Q Okay. You agree that Dr. Doll is a 11 noted and a fine scientist and epidemiologist. 12 correct? 13 A No question, I had the pleasure of 14 meeting Dr. Doll in London some time ago. 15 Q Okay. And you disagree that his 16 1955 publication established the connection 17 between lung cancer and asbestosis, is that 18 correct? 19 A I disagree that it established in 20 the mind of the scientific community a causal 21 connection with respect to lung cancer. 22 Q How about in your mind. Dr. Weaver, Page 41 EXX-MOR-004852 1 did it establish that connection in your mind. 2 sir? 3 A No, it did not at that time. 4 Q When, in your mind, sir, was 5 asbestos and cancer established? 6 A What kind of cancer? 7 Q Any kind of cancer. When was it 8 established, in your mind, that asbestos 9 caused cancer. Dr. Weaver? 10 A I think the causal relationship with 11 mesothelioma I came to accept in 1964 in 12 attending a meeting on asbestos related 13 disease in New York City, and the report by 14 Mr. Wagner or Dr. Wagner or some of his 15 associates at that meeting was persuasive, but 16 I must point out that epidemiology studies or 17 an epidemiology study does not establish 18 scientifically a causal relationship. 19 A series of epidemiology studies 20 when compatible and persuasive can make a very 21 impressive case, and with respect to 22 mesothelioma, a very rare condition. Page 42 EXX-MOR-004853 1 When Dr. Wagner discovered some 100, 2 120 cases in a community in South Africa in a 3 two or three-year period, that is impressive 4 and persuasive evidence, and so I accepted 5 that asbestos had a causal relationship with 6 respect to mesothelioma. His publication was 7 in 1960, but that was reinforced by 8 presentations at the meeting in 1964. 9 Q I object to the responsiveness after 10 "but I must point out." All right, sir, as I 11 understand it, you appreciated, in your mind. 12 the association between mesothelioma and 13 asbestos before you accepted an association 14 between lung cancer and asbestos, is that 15 correct? 16 A That is correct. 17 Q All right. And that is in spite of 18 the fact that Dr. Doll, who you greatly 19 respect, published 61 cases of lung cancer 20 associated with asbestosis in his 1955 review. 21 is that correct? 22 A As I indicated, this would Page 43 EXX-MOR-004854 1 strengthen the suspicion, but one epidemiology 2 study is not conclusive in causal 3 relationships, and, certainly in my eyes and 4 the eyes of the scientific community at large, 5 one epidemiology paper, even by Sir Richard 6 Doll, did not establish such a relationship 7 profoundly 8 Q I object to the responsiveness of 9 the answer . Isn't it true, sir, that Dr. Doll 10 published 61 cases of lung cancer associated 11 with patients who had diagnoses of asbestosis 12 in 1955; yes or no? 13 A Yes. 14 Q And -- 15 MR. LEDYARD: Dr. Weaver, 16 you are entitled to explain any answer that 17 you feel necessary. You are not required to 18 answer with a simple yes or no. So if you 19 feel that your answer requires any additional 20 elaboration or explanation, feel free to give 21 it. 22 THE WITNESS: I would like Page 44 EXX-MOR-004855 1 to point out that lung cancer is an extremely 2 common cancer, very different from 3 mesothelioma, so that I emphasize the fact 4 that this very rare tumor, mesothelioma, the 5 collection of 120 cases, that is very 6 persuasive evidence, even though it's only one 7 study, whereas a study of 61 cases of lung 8 cancer is -- certainly heightens one 9 suspicion, but is not definitive, and I do not 10 construe this as definitive or conclusive. 11 BY MR. KRAUS: 12 Q I object to the responsiveness 13 beginning with "but I must point out." All 14 right, sir. You mentioned a few moments ago a 15 1964 conference that you attended in New York 16 City, is that correct? 17 A That is correct. 18 Q All right. And that was a 19 conference on the biological effects of 20 asbestos exposure, correct? 21 A Yes. I don't recall the specific 22 title of the conference, but that is correct. Page 45 EXX-MOR-004856 1 I don't recall the title, the specific title 2 of the conference, but I'm sure we are 3 identifying the same meeting. 4 Q All right. 5 MR. KRAUS: I would like to 6 mark this as exhibit 3. 7 (Court reporter conferring with Mr. 8 Kraus.) 9 MR. KRAUS: I'm sorry. Why 10 don't you put the sticker on 2 for his 11 resume. 12 (The documents referred to were marked Weaver Deposition 13 Exhibit Nos. 2 and 3 for identification and are attached 14 to the court copy of this deposition.) 15 16 MR. KRAUS: I'm sorry. 17 Could you mark this as the clean copy. Could 18 you mark this as exhibit 3 rather than this 19 one. 20 (Thereupon, Exhibit No. 3 was 21 remarked.) 22 BY MR. KRAUS: Page 46 EXX-MOR-004857 1 Q Let me show you what the court 2 reporter has marked as Weaver exhibit 3, and 3 it's entitled Summary of the Conference on. 4 quote, "Biological Effects of Asbestos," 5 October 19th, 20th and 21st, 1964. Is that 6 the 1964 conference in New York that you 7 referred to earlier? 8 A It is. 9 Q Okay. Let me ask you, did you 10 attend that as an employee and representative 11 of a predecessor of the Exxon Corporation? 12 A In 1964, yes, oh, yes. 13 Q Where were you stationed for Exxon 14 in 1964, where did you live? 15 A In 1964 I lived in Baton Rouge, in 16 October of 1964 I probably had corporate 17 responsibilities from the medical department 18 out of Houston as well. 19 Q Were you still the medical director 20 of the Baton Rouge Refinery of Exxon or Esso 21 at the time, or whatever predecessor of Exxon 22 it was at the time? Page 47 EXX-MOR-004858 1 A May I look at my C. V.? 2 Q Sure . 3 A There was a transition period in 4 these corporate moves, and -- it was the year 5 1964 that I was medical coordinator for the 6 manufacturing division, that was a corporate 7 position out of the offices in Houston. 8 This conference was in October , and 9 at this time I'm uncertain whether I was still 10 living in Baton Rouge, but whether I was 11 attending the conference as from wearing a 12 corporate hat or a Baton Rouge Refinery hat 13 I'm not certain. 14 Q Or both? 15 A Or both. 16 Q Okay. And was it Humble Oil at that 17 time? 18 A That was the name of the company for 19 a period of a year or two or three. 20 Q Okay. And what connection at that 21 point was there between Humble Oil and 22 Standard Oil of New Jersey, if you know? Page 48 EXX-MOR-004859 1 A Prior to the transition, the 2 Standard Oil Company of New Jersey owned 70 3 percent of the stock of Humble Company, and so 4 it was a controlling holding company. 5 Q Did you have regular dealings with 6 personnel , corporate level personnel at 7 Standard Oil of New Jersey? 8 A I did. 9 Q Okay. Did you know a gentleman 10 there named Mr. Eckardt? 11 A Dr. Eckardt is very well-known to me 12 and a very close personal friend and 13 professional colleague. 14 Q Okay. What's his first name? 15 A Robert E. Eckardt. 16 Q Is he still living? 17 A No . 18 Q When was he deceased? 19 A Oh, probably two or three years ago. 20 maybe a bit longer. 21 Q And do you recall Dr. Eckardt 22 attending the conference in New York with you? Page 49 EXX-MOR-004860 1 A Not with me. I recall him attending 2 the conference. 3 Q Okay. Did you speak with him during 4 the conference? 5 A I did not. 6 Q Why not? 7 A I couldn't get to him. He was in 8 one part of the meeting room and I was in the 9 other, as I have indicated, he was a very 10 close friend of mine as well as scientific 11 colleague. 12 I indicated that I attended the 13 meeting in its entirety. Dr. Eckardt came in 14 and heard one or two papers one afternoon and 15 departed, and I wanted to greet him and chat 16 with him, but he was there so briefly that I 17 had no opportunity to do so. 18 Q All right, sir. Did you read Dr. 19 Eckhart's summary of what he took out of the 20 conference, which I had the court reporter 21 mark as Weaver exhibit 3 here? 22 MR. LEDYARD: You are Page 50 EXX-MOR-004861 1 asking him if he has ever read this? 2 MR. KRAUS: Yes. 3 THE WITNESS: I don't 4 recall the content specifically. I'm 5 confident I have read it at some time in the 6 past. 7 BY MR. KRAUS: 8 Q Do you recall if you read it in 9 connection with asbestos litigation or if you 10 read it back in the '60s near the time that it 11 apparently was written? 12 A I would have seen this first when it 13 was written because I -- memoranda says this 14 would have come to me in my position with the 15 Esso or Humble Company. 16 Q All right, sir, and I think you 17 testified earlier that you had a strong 18 suspicion -- well, I don't want to 19 mischaracterize it, but would it be fair to 20 say that you had a strong suspicion that 21 mesothelioma was associated with asbestos 22 exposure when you left that conference in Page 51 EXX-MOR-004862 1 1964? 2 A Yes. 3 Q And, in your mind, had you accepted 4 that association? 5 A I believe in -- at the conclusion of 6 that meet ing I accepted that association -7 we 're now speaking of mesothelioma? 8 Q Yes. 9 A Yes. 10 Q And do you recall the discussion of 11 mesotheli omas in the refining industry at that 12 conference? 13 A Not specifically at this time. 14 Q Okay. Do you recall a presentation 15 by a Dr. Eisinstadt from Port Arthur, Texas? 16 A I'm aware of his publication. 17 Q Okay. Are you referring to his 18 publications associated with the proceedings 19 from this conference or his other publications 20 in the medical and science literature earlier? 21 A I am aware of another publication 22 with -- by Dr. Eisinstadt and another Page 52 EXX-MOR-004863 1 colleague, a case report, reporting two cases 2 of mesothelioma I believe associated with 3 refineries, I'm aware of that publication. 4 Q Okay. And I think I may have the 5 face page for that publication, let me show 6 you a document. 7 A Yes, Dr. Frank Wilson was a 8 coauthor, I couldn't think of his name. Thank 9 you. 10 Q That's an article entitled Primary 11 Malignant Mesothelioma of the Pleura, by H. B. 12 Eisinstadt, M. D. and F. W. Wilson, M. D., 13 Port Arthur, Texas, correct? 14 A Yes. 15 Q And this article that you'vejust 16 mentioned is an article that describes two 17 case reports of mesothelioma in refinery 18 workers, correct? 19 A Yes. 20 Q And this article waspublished in 21 the medical literature in November, 1960; is 22 that -- does that comport with your Page 53 EXX-MOR-004864 1 recollection, that appears to be the date at 2 the bottom of the face page? 3 MR. LEDYARD: Are you 4 asking him if that's what it says or when he 5 first saw or became aware of it? 6 BY MR. KRAUS: 7 Q I'm asking if that comports with 8 your recollection of when that was published 9 in the medical literature. 10 A In general, that would be the time 11 that I became aware of it. I may not have 12 seen the article when the journal first 13 issued, I don't know just what year I saw 14 that, but I indicated I was aware of this 15 publication. 16 Q All right. And the face page 17 reflects that it was published in November of 18 1960, which would be approximately four years 19 before the New York conference. 20 A Yes. 21 Q Do you think, as you sit here today. 22 you were aware of or had reviewed that Page 54 EXX-MOR-004865 1 publication before going to New York for Dr. 2 Selikoff's conference? 3 MR. LEDYARD: I object to 4 the form of the question, it calls for 5 speculation, he already said he didn't know 6 what year he would have first seen that. 7 THE WITNESS: What is the 8 question? I don't understand the question. 9 MR. KRAUS: Can you read it 10 back? 11 (Thereupon, the question was 12 read back by the reporter.) 13 THE WITNESS: I cannot 14 recall specifically when I saw this. 15 BY MR. KRAUS: 16 Q And I understand you can't recall 17 specifically, and my question is, do you 18 recall if it was before or after the Selikoff 19 conference in '64? 20 MR. LEDYARD: I object to 21 the form of the question. 22 BY MR. KRAUS: Page 55 EXX-MOR-004866 1 Q If you do, fine, if you don't, fine. 2 I just want to know if that date has any 3 significance as to when you would recall 4 that. 5 A My best opinion is that I saw this 6 article, publication, prior to 1964. 7 Q All right. And you've indicated you 8 don't have a specific recollection of Dr. 9 Eisinstadt presenting at the 1964 conference? 10 A I didn't know Dr. Eisinstadt 11 personally, and there are many papers in that 12 conference, as you're well aware, I attended 13 it in its entirety. I at this time, many 14 years later, I do not recall Dr. Eisinstadt's 15 presentation specifically. 16 Q I understand that, but don't you 17 think that of all the things that went on at 18 that conference over those three days. 19 presentations relating to asbestos exposure in 20 refineries would have been something of 21 particular interest to you. Dr. Weaver? 22 A That is true. Page 56 EXX-MOR-004867 1 Q And although you don't have a 2 specific recollection of it, you believe you 3 would have paid particular attention to 4 anything Dr. Eisinstadt said about asbestos 5 disease and refineries, correct? 6 MR. LEDYARD: I object to 7 the form of the question. He says he doesn't 8 remember Dr. Eisinstadt's presentation, and 9 however you want to keep trying to 10 characterize the fact that or implying that he 11 did, the question has been asked and answered. 12 THE WITNESS: May I have 13 the question? 14 MR. KRAUS: Read it back. 15 please. 16 (Thereupon, the question was read 17 back by the reporter.) 18 THE WITNESS: Let me 19 respond this way: There were a number of 20 papers pertaining to asbestos in relation to 21 mesothelioma, the most impressive coming -22 papers coming out of South Africa. Page 57 EXX-MOR-004868 1 A paper out of the refining industry 2 or petroleum industry I would certainly take 3 note of, but as I previously indicated here 4 today, I came out of the meeting overall 5 highly impressed with the likelihood of 6 causality between asbestos exposure and 7 mesothelioma, and the paper by Eisinstadt 8 would have been one of those contributing to 9 that opinion. 10 (Thereupon, there was a brief 11 pause.) 12 MR. KRAUS: May we 13 continue, Mr. Ford? 14 MR. FORD: You may 15 continue. 16 BY MR. KRAUS: 17 Q Referring your attention. Dr. 18 Weaver, to Weaver exhibit 3, Dr. Eckhart's 19 summary after the New York conference, would 20 you turn to page -- the page that ends in 21 3007 . 22 (Witness examining document.) Page 58 EXX-MOR-004869 1 Q In the fourth paragraph. Dr. Eckardt 2 writes, "In the course of these discussions, a 3 doctor from some town in Texas, whose name I 4 did not get, but presumably whose discussion 5 will appear in the proceedings of the 6 conference, indicated that he had seen 10 7 cases of pulmonary cancer in asbestos workers. 8 all of whom have been employed in this local 9 oil refining industry, he gave a clinical 10 discussion of these cases." 11 Do you recall that discussion that 12 Dr. Eckardt refers to in his summary of the 13 conference here? 14 A I do not recall that at this time. 15 Q Did you receive a copy of the 16 proceedings of that conference when they were 17 published in 1965? 18 A No, I do not have the proceedings of 19 the conference in my files. 20 Q Okay. Do you recall ever seeing or 21 reviewing the proceedings of the conference? 22 A Those proceedings published by the Page 59 EXX-MOR-004870 1 New York Academy of Sciences I believe are 2 very, very extensive, and having attended the 3 conference in its entirety, this is not the 4 type of thing that I would sit down and read 5 through from beginning to end. 6 I have not reviewed the proceedings 7 of that conference completely, I probably had 8 occasion to -- well, no, not the proceedings 9 of that conference. I have seen papers 10 published by individuals present at that 11 conference, but not in those specific 12 proceedings. 13 Q All right. And am I to take it from 14 your response that while you may have seen 15 these proceedings at some time, you have not 16 reviewed them completely or in detail? 17 A I would agree with that. 18 Q Okay. How about the -- how about 19 the discussion by Dr. Eisinstadt, and I'll 20 show you my Xeroxed copy, on page 596 starting 21 at the bottom, have you seen Dr. Eisinstadt's 22 published discussion from the proceedings of Page 60 EXX-MOR-004871 1 the conference there at any time before today? 2 A No . 3 Q Okay. 4 A I have no recollection of having 5 seen that 6 Q Now, I think you indicated that you 7 knew Dr. Eisinstadt's coauthor on the 1960 8 paper regarding mesothelioma in refinery 9 workers. correct ? 10 A I was acquainted with Dr. Frank 11 Wilson in another context, we were serving 12 together on matters pertaining to cardiology 13 in the American Heart Association Committees. 14 Oddly enough, I never associated Dr. 15 Frank Wilson with the F. W. Wilson and 16 coauthor of this paper, whatever his initials 17 are. 18 Q But you didn't know Dr. Eisinstadt, 19 is that correct? 20 A No, I was not acquainted with -- I 21 don't recall ever being acquainted with Dr. 22 Eisinstadt. Page 61 EXX-MOR-004872 1 Q Does Exxon have any facilities in 2 Port Arthur? 3 A Not to my knowledge. 4 Q How far is Port Arthur from Baton 5 Rouge; do you recall, approximately? 6 A I don't know. 7 Q Okay. Do you know how far it is 8 from Houston? 9 A No. 10 Q And you were stationed in Houston 11 for a period of time at Exxon after you left 12 Baton Rouge and before you retired from Exxon 13 to go to the API, correct? 14 A Yes, of course. 15 Q And you would agree with me that 16 Port Arthur is relatively near Houston, 17 correct? 18 A In Texas standard, it is relatively 19 near, yes. 20 Q All right. Within a couple of 21 hours, anyway? 22 A Yes. Page 62 EXX-MOR-004873 1 Q And have you ever been there that 2 you recall? 3 A I have driven through the city. I 4 have never had occasion to stop or visit 5 there. 6 Q Dr. Eisinstadt writes at page 596 7 that, "I am a practicing internist, not 8 connected with any asbestos manufacturing or 9 processing plant and not in charge of any 10 organized group of asbestos workers. I am 11 located in a relatively small community at 12 Port Arthur, Texas. I have observed about 10 13 cases of this malignant disease during the 14 last 10 years." Let me represent that he is 15 referring to mesothelioma. "All have been - 16 all have behaved clinically in a similar way, 17 which makes me wonder how many cases of 18 asbestos disease and mesothelioma are 19 overlooked in our country." 20 You have no recollection of hearing 21 Dr. Eisinstadt make such a presentation at 22 that conference? Page 63 EXX-MOR-004874 1 A Not Dr. Eisinstadt specifically, no. 2 Q Not anyone related to asbestos 3 disease or mesothelioma in refinery workers. 4 correct? 5 A I can have no specific recollection 6 of asbestos disease, mesothelioma in refinery 7 workers. Again, it's been since 1964, it's 8 been 30, 40 years since then, and I cannot 9 be -- I have been to many medical meetings all 10 over the world since then, and I cannot recall 11 details of this particular meeting. 12 I have emphasized the opinion that I 13 came out of that meeting quite firmly in my 14 mind when it was over with respect to asbestos 15 and mesothelioma and Dr. Eisinstadt, and there 16 were many papers, several papers, and the 17 accumulating effect of those papers I have 18 described my opinion on. 19 Q And I certainly understand that you 20 don't recall all the details of the conference 21 30 years ago or more, 35 years ago almost at 22 this point. Page 64 EXX-MOR-004875 1 A Thank you. 2 Q But at the time that you attended 3 that conference, you had been the medical 4 director of a refinery for nearly 10 years. 5 correct? 6 A Sure . 7 Q One of the biggest refineries in the 8 world, correct? 9 A Yes, the biggest. 10 Q And it was a refinery that used 11 thousands of feet of asbestos containing 12 insulation every year to insulate high 13 temperature pipes and vessels, correct? 14 A I won't agree to that. I don't know 15 how many feet were used. 16 Q It used a lot of asbestos, correct? 17 A Yes. 18 Q Meaning the Baton Rouge Refinery? 19 A Yes. 20 Q And you were certainly aware of a 21 potential of asbestos disease, correct? 22 A I was. Page 65 EXX-MOR-004876 1 Q And Exxon had had a very detailed 2 industrial hygiene program in place to prevent 3 asbestos disease, correct? 4 A Correct. 5 Q So it was certainly a concern of 6 yours during your whole time as the medical 7 director of the Baton Rouge refinery, that is. 8 the potential for asbestos disease from 9 exposure at your refinery, correct? 10 A That was one of the things I was 11 concerned with. 12 Q And certainly that would have been 13 one of the things you were concerned with as 14 you traveled to New York in 1964 to attend 15 that conference, correct? 16 A Yes. 17 Q Okay. And you have no specific 18 recollection of any mention of asbestos 19 disease in refinery workers at that 20 conference, correct? 21 MR. LEDYARD: Counsel, he 22 has answered that question about three times Page 66 EXX-MOR-004877 1 now, I object to the whole line of questioning 2 as asked and answered. He has told you 3 several times what he recalls and what he 4 can't recall, and you need to move on to 5 something else. 6 BY MR. KRAUS: 7 Q And the answer to the question is 8 you don't have any specific recollection, 9 correct? 10 A You said asbestos disease and -- 11 Q Yes, of asbestos disease in refinery 12 workers being reported at that conference, 13 correct? Answer the question and I'll move 14 on. 15 A I don't recall specific details of 16 papers presented at that meeting 35 years ago 17 that pertain to asbestos in refinery workers. 18 I was cognizant that asbestos was used in 19 refineries and, well, cognizant that asbestos 20 can cause diseases, as we have brought out 21 here already. 22 Q All right, sir. Did you know what a Page 67 EXX-MOR-004878 1 threshold limit value was for asbestos 2 exposure specifically when you attended that 3 conference in 1964? 4 A Yes. 5 Q And can you, for the benefit of a 6 jury, a threshold limit value or TLV is a 7 level of exposure where on a time-weighted 8 average supposedly a worker can be exposed 9 eight hours a day for a normal working 10 lifetime without adverse consequences, 11 correct? 12 A Allowance must be made for 13 individual's susceptibility, and the TLV is a 14 guideline, it's not an absolute number, and 15 it's a useful number, it's a concept, but it 16 must be used with judgment. 17 Q All right, and fairenough. And 18 what that means is it's not a fine line 19 between a safe and a dangerous level, correct? 20 A Yes. 21 Q And you can't say, for example, I 22 think at that point the asbestos TLV was 5 Page 68 EXX-MOR-004879 1 million particles per cubic foot, is that 2 correct, or do you recall? 3 MR. LEDYARD: At what point 4 in time are we talking about? 5 MR. KRAUS: 1964. 6 THE WITNESS: Gosh, the 7 order of magnitude is where I am stuck with. 8 I haven't used these numbers for years. Was 9 it millions or thousands? 10 BY MR. KRAUS: 11 Q Well, my recollection was a million. 12 but don't let me put words in your mouth. If 13 you recall, fine, if you don't recall, that is 14 fine . 15 A The number 5 is fine. Somehow I got 16 startled when you said a million, but a cubic 17 foot is a cubic foot, and the ACGIA was 5 18 million fibers per cubic foot, all right? The 19 American Conference -- 20 Q ACGIA. 21 A -- Governmental -- the American 22 Conference of Governmental Industrial Page 69 EXX-MOR-004880 1 Hygienists was 5 million - 2 MR. LEDYARD: I think he 3 started to say the ACGIA was instrumental in 4 doing something. 5 THE WITNESS: Promulgated 6 these TLVs that were used as guidelines in the 7 1960s. 8 BY MR. KRAUS: 9 Q And when you said -- mentioned 10 individual's susceptibility, some people 11 perhaps are more sensitive to, for example, 12 asbestos exposure than others, is that 13 correct? 14 A That would likely be the case. 15 Q Do you recall if you came away from 16 that '64 conference with an idea or a feeling 17 that the threshold limit value for asbestos 18 was not working in protecting workers from 19 disease? 20 A I had no -- I have no recollection 21 of relating the findings presented at that 22 conference to the threshold limit value that Page 70 EXX-MOR-004881 1 we have discussed. 2 Q Okay. Do you have any recollections 3 about coming out of that conference with any 4 thoughts about what a safe level of exposure 5 to asbestos was in 1964? 6 A In a quantitative manner, no. 7 Q All right, sir. Let me discuss with 8 you generally your sources of information 9 concerning asbestos and disease in the 1950s 10 and the 1960s. Did you receive the Digests of 11 the Industrial Hygiene Foundation while you 12 were at the Baton Rouge Refinery? 13 A I saw them, many of them, yes. 14 Q Do you recall how you came to see 15 them? 16 A The Esso Standard Oil Company was a 17 supporter of the Industrial Hygiene 18 Foundation, and as a supporter of that 19 organization their bulletins or publications 20 were made available to corporate headquarters 21 in New York City, and those pertaining to 22 occupational health and industrial hygiene Page 71 EXX-MOR-004882 1 would pass on to me as medical director of the 2 Baton Rouge Refinery. 3 Q Okay. So your recollection is that 4 the digests published by the IHF were passed 5 on to you from Standard Oil in New Jersey, 6 correct? 7 A Yes . 8 Q Okay. Was it Dr. Eckardt who passed 9 them on. or do you recall? 10 A No, he was in another division. 11 Q Do you recall who passed them on to 12 you? 13 A Dr. Leo Wade was corporate medical 14 director. Dr. John Thorpe was medical 15 coordinator for the manufacturing division or 16 the refineries, so they would come from Dr 17 Wade or Dr. Thorpe's office. 18 Q Or Dr. Thorpe's office? 19 A Yes. 20 Q Okay. And do you recall or do you 21 know how long Esso and/or Standard Oil has 22 been a supporter of the Industrial Hygiene Page 72 EXX-MOR-004883 1 Foundation? 2 A I don't know. 3 Q You don't know when the relationship 4 between the IHF and those companies started? 5 A No, I have no idea. 6 Q It predated your arrival at Esso, is 7 that correct? 8 A I don't know. I don't know when I 9 first saw those particular bulletins. I know 10 I saw them during the 1950s, but whether it 11 was 1951 or somewhat later, I cannot say now. 12 Q You are aware, are you not, that the 13 IHF performed a survey, an industrial hygiene 14 survey of the Baton Rouge facility before you 15 got there in 1949, correct? 16 A Yes . 17 Q All right. And you became aware of 18 that survey when you arrived in or about 1951, 19 right? 20 A Yes, or subsequent to 1951. 21 Q Okay. So certainly the relationship 22 at least went back as far as 1949, wouldn't Page 73 EXX-MOR-004884 1 you agree? 2 A That doesn't necessarily follow, it 3 might be likely, but, I mean, they were 4 available to be hired for consultative 5 services or a survey, so whether -- just when 6 the supporting relationship was established, 7 that could be independent of when their 8 industrial hygiene division was requested or 9 invited to make a survey in the refinery. 10 Q Okay. Do you know how that survey 11 came about in 1949? 12 A No. 13 Q Did you receive digests or materials 14 from the National Safety Council when you were 15 at Baton Rouge? 16 A They would go to the safety 17 department of the refinery, but would be -- on 18 occasion would be passed on across my desk as 19 medical director, yes. 20 Q How about theAmericanIndustrial 21 Hygiene Association, did you receive materials 22 from them? Page 74 EXX-MOR-004885 1 A The industrial hygienist was a 2 member of my department, and he received them 3 and in time, in turn, would pass them on to me 4 for review, as indicated or as judgment 5 dictated. 6 Q I don't know if I asked you this. 7 and if I did, tell me: Do you recall if you 8 were aware of the concept of a TLV for 9 asbestos when you arrived at Baton Rouge in 10 1951? 11 A I don't believe you asked me, but I 12 was not aware of the TLV concept prior to 13 coming to the refinery. 14 Q Okay. Do you recall if you learned 15 of that concept shortly after your arrival at 16 Baton Rouge in '51? 17 A I can't say shortly, and let me 18 explain just a bit -- 19 Q Sure. 20 A -- my circumstances of going to the 21 Baton Rouge Refinery in 1951. I came from the 22 Tulane Medical Center to the Baton Rouge Page 75 EXX-MOR-004886 1 Refinery as a consulting cardiologist, and to 2 explain this, the Baton Rouge Refinery is a 3 very old refinery and had a large working 4 population, many of the employees were in the 5 older age groups, and the refinery management 6 was concerned about the occurrence of heart 7 disease in the workers and had discussions 8 with the Tulane Medical Center about a 9 possible cardiologist to come there to consult 10 and review their possible cases of possible 11 heart disease and the rehabilitation, and 12 that, sir, is how I came to the Baton Rouge 13 Refinery, so that for the first -- more than 14 the first year I was reviewing -- examining 15 cardiac cases and was gradually working into 16 the occupational medicine side, but initially 17 I was there as a consulting cardiologist doing 18 clinical examinations of patients and 19 developing a rehabilitation program. 20 Q Okay. And when do you recall your 21 concentration or focus becoming the 22 occupational medicine side? Page 76 EXX-MOR-004887 1 A It was a gradual matter over a 2 period of two or three years, after the 3 developing a rehab program for cardiacs, this 4 was expanded to a rehabilitation program or 5 placement program for all partially disabled 6 employees, so that continued. 7 I was for a year or two, as I was 8 working more and more into occupational 9 medicine, I was appointed medical director in 10 1956, I see on the C. V., so from 1951 to '56 11 there was a transition in working into the 12 occupational medicine specialty. 13 Q All right. And would it be fair to 14 say at some point between 1951 and 1956 you 15 became familiar with the concept of the TLV? 16 A That's certainly fair to say. 17 Q Okay. Now, during that time frame 18 you also became familiar with Exxon's own 19 guidelines for controlling dangerous dusts. 20 did you not? 21 A Yes. 22 Q And those guidelines had been Page 77 EXX-MOR-004888 1 created originally by a gentleman named 2 Bonsib, is that correct? 3 A That is correct. 4 Q He wrote a report in 1937 for 5 Standard Oil Company setting forth guidelines 6 for the handling of toxic dusts in operations 7 at refineries, correct? 8 A He did. 9 Q All right. And he set forth in 10 great detail the recommendations for the 11 proper handling of asbestos containing 12 materials, among others, correct? 13 A I think that he had very fine 14 recommendations for that period of time. 15 Q And those recommendations included 16 the webbing of materials when removing or 17 installing them, is that correct, to limit the 18 dust they produced? 19 A That was one way to limit the dust 20 exposure. 21 Q Okay. He also recommended enclosing 22 dust producing operations behind plastic Page 78 EXX-MOR-004889 1 sheets or other barriers to protect other 2 workers. correct ? 3 A When feasible, yes. 4 Q All right. And in certain 5 operations he recommended respiratory 6 protection, correct? 7 A Correct. 8 Q Do you know if the Bonsib report 9 talked about exposure limits and TLVs; do you 10 recall that now? 11 A I don't recall that specifically 12 now. 13 Q In any event, you knew that it was 14 advisable to limit the dust from these 15 operations to limit the development of 16 asbestos related diseases, correct? 17 A Yes. 18 Q And that was your goal as the 19 medical director at least with respect to 20 asbestos, correct? 21 A Yes. 22 Q Was the education of the workers Page 79 EXX-MOR-004890 1 about the hazard an important part of this 2 program? 3 A I consider it very important. 4 Q And Exxon implemented policies and 5 procedures to notify its own workers, correct? 6 A Yes. 7 Q Did Exxonhave those same policies 8 and procedures with respect to contractors at 9 the Baton Rouge facility? 10 A Exxon had no feasible way to educate 11 individual contract employees. Exxon expected 12 and, in fact, required the contractors to meet 13 refinery standards with respect to protection 14 of workers as judgment dictated and if it was 15 necessary. 16 Q Did Exxon have a program to educate 17 the contractors about what Exxon knew 18 concerning the hazards of asbestos dust? 19 A When they -- let me answer it this 20 way: When a contractor came into the 21 refinery, the work they were to do was spelled 22 out, defined by formal contract that company Page 80 EXX-MOR-004891 1 attorneys were involved in as well as 2 management. If the -- well, I would point out 3 that the Exxon operated within the law, and 4 there are federal, state and local 5 requirements with respect to potentially 6 hazardous substance, and all of those had to 7 be met by the refinery, and contractors were 8 expected and required by the contract to meet 9 such requirements. 10 When the contractor came into the 11 refinery, there would be meetings with members 12 of management and, where necessary, safety, 13 personnel, to discuss any potential hazards, 14 and the contractors were expected and were 15 required to perform their duties in a 16 professional and safe manner. 17 Q Okay. And did the potential safety 18 hazards that they were advised of include 19 asbestos? 20 A Asbestos as a potentially harmful 21 substance, that would be included in the 22 discussions and requirements with respect to Page 81 EXX-MOR-004892 1 their performance of their duties. 2 Q Okay. And so it's your testimony 3 that they would have been told, the 4 contractors would have been told by Exxon 5 about the potential for hazardous asbestos 6 exposure in construction operations involving 7 asbestos at Exxon, correct? 8 A They would have been told that if 9 there was the potential for dust inhalation, 10 that protective measures, as spelled out in 11 the Bonsib report, including the possible use 12 of respirators, should be carried out. 13 The refinery did not provide 14 respirators or protective equipment for the 15 contractors, they, of course, were independent 16 and were expected to provide the necessary 17 equipment on their own. 18 Q All right. So it's true, then, that 19 Exxon didn't -- at least didn't provide 20 respiratory protection to contractor employees 21 who came on the premises, correct? 22 A Correct. Page 82 EXX-MOR-004893 1 Q And that includes employees who had 2 nothing to do with asbestos, but may have been 3 exposed to asbestos through the operations you 4 contracted for them to do at Exxon, correct? 5 A Within the refinery, asbestos 6 operations had potentially produced dust which 7 might be inhaled, steps were taken to prevent 8 or control that, and these -- you have already 9 referred to certain control measures, and they 10 applied to fellow workers or downwind workers. 11 whoever, as well as the specific individuals 12 working with the asbestos. 13 A control program must give 14 recognition to other workers in the area, in 15 fact, the tendency is to keep other workers 16 out of such an area, unless it is required 17 that they be there, if it is necessary that 18 they be there, they must be protected 19 appropriately. 20 Q Okay. And my question is, if the 21 worker is someone -- well, first, you didn't 22 answer my question. My question is -- Page 83 EXX-MOR-004894 1 A I'm sorry. 2 Q -- isn't it true that Exxon did not 3 provide respiratory protection to workers who 4 were employees of contractors Exxon invited 5 onto the premises who were not using asbestos. 6 but were exposed through the operations you 7 contracted for them to do? 8 A I don't understand that question. 9 Q Okay. Well, you testified that 10 Exxon did not provide respiratory protection 11 to any contractor employees, correct? 12 A Respirators. I didn't -- I don't 13 believe I said respiratory protection. If we 14 are speaking of respirators specifically, like 15 hard hats, they did provide hard hats, they 16 did provide particular devices to filter dust 17 to the contractors. 18 Q Okay, and that's what I meant. 19 either supplied air respirators or paper 20 masks. 21 A Well, the appropriate protective 22 device. Page 84 EXX-MOR-004895 1 Q Exxon did not provide those to the 2 employees of any contractors, that was, in 3 your view, the contractor's responsibility? 4 A That is true, yes. 5 Q And that would be true even if the 6 contractor's work had nothing to do with 7 asbestos, correct? 8 MR. LEDYARD: I will object 9 to the form of the question, because I just 10 don't understand. 11 THE WITNESS: I don't 12 understand. 13 BY MR. KRAUS: 14 Q Okay, let me back up, if you don't 15 understand, let me rephrase. You would agree 16 with me that there were many workers, many 17 contractors Exxon brought onto the premise to 18 do work who had nothing to do with asbestos. 19 correct? 20 A Yes. 21 Q Would you also agree with me that 22 some of those same workers through the things Page 85 EXX-MOR-004896 1 Exxon contracted for them to do came into 2 contact with asbestos at Exxon? 3 A Came into contact doesn't 4 necessarily note any potentially hazardous 5 exposure. I'm still not understanding what 6 you are driving at, counselor. 7 BY MR. KRAUS: 8 Q My question is, did workers come 9 into contact with asbestos at Exxon who Exxon 10 invited onto the premise? 11 A They could come in contact with 12 asbestos containing materials. 13 Q And did some of those workers have 14 potentially hazardous exposures to asbestos, 15 those workers who weren't applying it or 16 removing it as part of their contract with 17 Exxon? 18 A In accordance with refineries' 19 operations, we would not expect or want either 20 Exxon employees or contractor employees, 21 anyone to have significant hazardous exposures 22 to asbestos or silica or lead or benzene or Page 86 EXX-MOR-004897 1 whatever. 2 Q Okay. And in terms of this 3 responsibility for avoiding those kind of 4 responsibilities, I want to focus, and I am 5 trying to focus on the workers who were coming 6 onto the premise at your invitation and not 7 using asbestos products, and I'm trying to 8 focus on whose responsibility it would be to 9 protect those workers from asbestos exposure. 10 Exxon's or their employees. 11 MR. LEDYARD: I object to 12 the form of the question, it's vague and 13 confusing. 14 THE WITNESS: Let me answer 15 it this way, that Exxon management under 16 contract, and by the agreement with the 17 contractors, did not order, control individual 18 contract workers. Exxon management, through 19 their safety meetings with contractors. 20 through liaison meetings with contractors. 21 would spell out how the work should be done 22 safely, and it was the responsibility of the Page 87 EXX-MOR-004898 1 contractor to carry out their work safely. 2 BY MR. KRAUS: 3 Q Am I to understand from your 4 testimony, then, that if Exxon contracted for 5 work from a company, and that work brought 6 them into contact with asbestos in place at 7 Exxon or being installed by someone else at 8 Exxon, that Exxon would advise the contractor 9 of that and tell them to take appropriate 10 measures ? 11 A Yes, I think that is a correct 12 statement. 13 Q Okay. Do you have any written 14 materials whereby Exxon promulgated guidelines 15 to contractors such as that? 16 A No, I have no written material. 17 Q Do you know if any such written 18 materials exist? 19 A I don't know. 20 Q Do you know if the Bonsib report was 21 handed out to the contractors who came on to 22 your facility? Page 88 EXX-MOR-004899 1 A I don't know the distribution of the 2 Bonsib report. I know it was generally made 3 widely available, but I don't know of its 4 distribution. 5 Q As you sit here today, do you recall 6 any such written guidelines to contractors 7 related to asbestos safety tips that Exxon 8 distributed, written guidelines? 9 A I don't know what you mean by 10 asbestos safety tests, sir. 11 Q Tips, tips, suggestions, things like 12 the Bonsib report, perhaps in shorter 13 version. 14 A I have made a reference to the fact 15 that there were written contracts that were 16 between Exxon and its contractors, and the 17 details within those contracts I can't say how 18 detailed they became at this time. 19 I have specified that the contracts 20 spelled out safety matters as well as 21 production or mechanical activities that were 22 to be carried out. Page 89 EXX-MOR-004900 1 Q Okay. And I have seen some of those 2 contracts and you're right, they do reference 3 safety and who is responsible for safety. 4 What I haven't seen is any specific reference 5 to asbestos and how you handle it if you run 6 into it, and my question to you is, do you 7 have a recollection of seeing any such 8 specific reference in a contract with a 9 contractor of Exxon or in any other document 10 given to a contractor of Exxon? 11 A I did not ordinarily review 12 contracts, and at this time I don't recall 13 that such materials were handed out. I would 14 recall that there were available commercially 15 brochures that spelled out steps to control 16 exposures to asbestos, and we had them in the 17 medical department. 18 We didn't buy just anything that was 19 out on the market, they were carefully 20 studied, reviewed and approved, but there were 21 booklets that were available, for example, in 22 our dispensary, anybody walking into the Page 90 EXX-MOR-004901 1 dispensary there was a display case where they 2 could pick up these free handouts and things 3 like that. 4 Now, of course, contractors didn't 5 come into the medical department unless they 6 were injured and we were providing just 7 immediate first aid only, we didn't provide 8 medical care for them, but there could have 9 been such brochures made available, but I 10 don't know that whether they were or were not 11 made available. 12 Q Do you recall specifically booklets 13 or handouts such as you've described related 14 to safe handling of asbestos? 15 A Yes. 16 Q What year do you recall that; do you 17 know? 18 A Well, certainly during the '50s 19 through the '60s. 20 Q Do you have any examples of such 21 booklets or handouts in your possession? 22 A I have none. Page 91 EXX-MOR-004902 1 MR. KRAUS: Let's take a 2 break. 3 MR. LEDYARD: We have been 4 going for about an hour and a half. 5 MR. ALBANEZE: Off the 6 record at 12:48. 7 (Thereupon, a recess was taken.) 8 MR. ALBANEZE: Back on the 9 record at 1:05. 10 BY MR. KRAUS: 11 Q Dr. Weaver, before the break we were 12 discussing the contractors who came into Exxon 13 to do construction and repair work and what 14 sort of notification they got of Exxon 15 asbestos policies; do you recall those 16 questions? 17 A I do . 18 Q Let me ask you, as you sit here 19 today, can you specifically recall either 20 drafting or approving any set of guidelines 21 either included in contracts or distributed as 22 a matter of course to contractors at Exxon Page 92 EXX-MOR-004903 1 concerning asbestos and its hazards and the 2 proper handling of asbestos materials? 3 A I can recall no such materials that 4 crossed my desk or that I was involved in 5 reviewing or distributing. 6 Q Dr. Weaver, you would agree with me 7 whether an employee, a worker is an employee 8 of Exxon or a contractor of Exxon, in order 9 for them to safeguard themselves from asbestos 10 hazards, they have to know about those 11 hazards, correct? 12 A We have agreed earlier that 13 education of the worker is important. 14 Q All right. Now, sir, is there an 15 industrial hygienist by the name of Venable 16 who was at the Baton Rouge facility when you 17 were there? 18 A Yes. 19 Q What's his first name? 20 A Fred. 21 Q And Fred Venable arrived at the 22 Baton Rouge Refinery about the same time of Page 93 EXX-MOR-004904 1 when you did? 2 A Within one day of when I did. 3 Q And he's no longer living, is that 4 correct? 5 A That is my understanding. 6 Q And you all worked together for a 7 significant period of time at the Baton Rouge 8 facility. correct? 9 A Yes, as long as I was there. 10 Q All right. And he was an industrial 11 hygienist 12 A Yes . 13 Q All right. And was asbestos an area 14 of focus for Mr. Venable? 15 A It was one of his areas of focus. 16 Q All right. Did he do dust counts to 17 measure asbestos dust produced in various 18 operations ? 19 A He did. 20 Q How often did he do those counts? 21 A As often as judgment dictated, when 22 he was new in the refinery and he made it a Page 94 EXX-MOR-004905 1 priority to get set up to do dust counts in 2 his laboratory, he would be quite active in 3 determining at various job locations the 4 levels of dust that were released, and he 5 would be determining fiber levels in spot 6 areas, he would be checking out perhaps the 7 fiber counts at positions of maximum release, 8 and, perhaps most important, on occasion, when 9 judgment dictated, he would determine fiber 10 levels and breathing zones of the workers. 11 After baseline determinations had 12 been made and he was quite familiar with the 13 levels of dust that were coming out of our 14 various operations, then it was not necessary 15 for him to be testing so frequently or so 16 often at multiple locations, but throughout 17 his tenure at the refinery he continued to do 18 dust counts for asbestos and silica and check 19 for quantitative for other exposures as his 20 judgment or my judgment felt was necessary. 21 Q Okay. And were those dust counts 22 recorded someplace? Page 95 EXX-MOR-004906 1 A Yes. 2 Q And were they maintained in the 3 files of Exxon? 4 A He maintained the dust count, the 5 files in his section of my department. 6 Q Well, the reason I ask is, we got a 7 dust count for Mr. Venable dated 1951 in 8 document productions, and from Mr. Venable 9 himself we received one dated 1974, and there 10 are no others that we've received. Is it your 11 testimony that others exist -- were existed? 12 A It is -- I would testify that there 13 were many , many dust counts between 1951 and 14 1974 that Mr. Venable carried out. 15 Q And do you know if any written 16 records of those counts exist today? 17 A I don't know. 18 Q Do you know what would have happened 19 to any of those records? 20 A No. 21 Q Do you know if they would have been 22 kept by Exxon or by Mr. Venable? Page 96 EXX-MOR-004907 1 A In my department, he had a file in 2 his section, the industrial hygiene section of 3 the department and the dust counts were 4 maintained in his file. 5 Q Okay. Now, were these dust counts 6 done specifically for asbestos or just to 7 count dust? 8 A He was set up to count particles and 9 to count fibers, both. 10 Q And is it your testimony that he 11 conducted dust counts specifically to 12 determine what asbestos levels were in various 13 operations from time to time? 14 A Yes. 15 MR. KRAUS: Mark this. 16 (The document referred to was marked Weaver Deposition 17 Exhibit No. 4 for identification and is attached 18 to the court copy of this deposition.) 19 20 BY MR. KRAUS: 21 Q Let me hand you what the court 22 reporter has marked as Weaver exhibit 4. This Page 97 EXX-MOR-004908 1 appears to be a series of documents and 2 correspondence related to a worker named 3 Eugene Gray; do you see his name at the top? 4 A Yes. I'm glad you translated the 5 handwriting for me. 6 Q Is that Fred Venable's handwriting. 7 or do you know? 8 A I don't know whose handwriting it 9 is . 10 Q I see a signature midway down the 11 page. Do you know whose signature that is? 12 A I read that to be H. Hanson, and the 13 medical director at the refinery in 1951 was a 14 Dr. Howard Hanson. I don't know that that is 15 his signature, but that could account for 16 this . 17 Q Okay. And if we assume that's Dr. 18 Hanson's notation, at the bottom do you see 19 where it refers to 27 years of experience in 20 the storehouse? 21 MR. LEDYARD: I'll object 22 to the form of the question in that we object Page 98 EXX-MOR-004909 1 to assuming anything and are certainly not 2 prepared to assume that is his signature or to 3 the authenticity of the document. 4 THE WITNESS: I regret to 5 say I have trouble reading this handwriting. 6 BY MR. KRAUS: 7 Q I understand what you say here, but 8 can you read at the bottom, 27 years 9 experience in storehouse, the very bottom 10 thing on that page? 11 A Oh, yes, yes, I can agree with that. 12 Q Okay. And do you have any specific 13 recollection when you arrived at the case of 14 Eugene Gray, an employee there? 15 A No. 16 Q You read a lot of X-rays of workers 17 at the Exxon facility, is that correct? 18 A I reviewed many X-rays at the Baton 19 Rouge Refinery. 20 Q Okay. This notation purportedly 21 signed by Dr. Hanson apparently notes an X-ray 22 of chest suspicious of lung irritant; do you Page 99 EXX-MOR-004910 1 see that notation? 2 A Yes. 3 Q For a worker, Mr. Gray, who 4 apparently was in the storehouse for 27 years 5 -6 MR. LEDYARD: I object to 7 the form of the question. 8 BY MR. KRAUS: 9 Q -- is that correct? 10 MR. LEDYARD: Lack of 11 predicate, lack of foundation, it calls for 12 speculation. 13 BY MR. KRAUS: 14 Q Well, let me ask you this: Did 15 Exxon maintain its asbestos containing 16 materials in the storehouse at the Baton Rouge 17 plant? 18 A Some were there. 19 Q All right. And if you turn the next 20 page, do you see a handwritten memorandum. 21 marked Exxon exhibit 77 on the page, to Dr. 22 Howard Hanson, subject asbestos -- or exposure Page 100 EXX-MOR-004911 1 to asbestos insulating materials, comma. 2 number 2 storehouse; do you see that? 3 A Yes. 4 Q Okay. And do you recognize this 5 handwritten memorandum to be Mr. Venable's 6 handwriting? 7 A I cannot say that, I don't recall 8 his type of handwriting, and even if I did, I 9 couldn't specify, I am not an expert in these 10 matters. 11 Q Okay. Let me represent to you this 12 is a document produced to us by Exxon. 13 MR. HAINES: Yes. 14 BY MR. KRAUS: 15 Q And the author of this memorandum 16 purportedly to Dr. Hanson writes in part, this 17 storehouse handles almost exclusively cork and 18 asbestos insulating material. That's 19 consistent with your recollection, isn't it. 20 that the storehouse housed some of the 21 asbestos materials used at Exxon, correct? 22 A The storehouse that I'm familiar Page 101 EXX-MOR-004912 1 with handled many, many hundreds, literally 2 hundreds of materials other than insulating 3 materials, cork and asbestos. I don't know of 4 a storehouse in the refinery that handled 5 exclusively cork and asbestos insulating 6 material, so I simply say I don't know of any 7 such storehouse. 8 The storehouse was a very large 9 operation and handled refinery petrochemical 10 plant requirements for many, many materials. 11 Q So it's your testimony, then, that 12 you don't have a specific recollection of a 13 number 2 storehouse which handles almost 14 exclusively cork and asbestos insulating 15 materials? 16 A No, I'm not familiar with a number 2 17 storehouse at this time, sir. 18 Q Okay. Are you familiar with -19 generally with the types of asbestos 20 containing products that were used at the 21 Exxon facility? 22 A Generally. Page 102 EXX-MOR-004913 1 Q Okay. And do you agree with the 2 memorandum here that they include ready formed 3 pipe insulation, correct? 4 MR. LEDYARD: I object to 5 the form of the question, the continued 6 reference to a document which it has not been 7 established that he has ever seen before and 8 knows anything about, so I object for lack of 9 foundation. 10 THE WITNESS: I don't find 11 the ready formed. Where is it? 12 BY MR. KRAUS: 13 Q Oh, I'm sorry. 14 A I haven't read the whole page. Are 15 we on the same page? 16 Q It's one line after the line I just 17 read to you about storehouse number 2 18 containing asbestos insulation materials. 19 A All right. 20 (Witness examining document.) 21 Q Do you see the reference? 22 A A sheet, okay, that is ready formed Page 103 EXX-MOR-004914 1 piping insulation, yes. 2 Q Right, okay. 3 A Yes. 4 Q And you recall that being a material 5 used at Exxon, correct? 6 A I don't know specifically what ready 7 formed is, if he is speaking of prefabricated 8 or preformed, I would -- those are the terms 9 that I would use rather than ready formed. Is 10 ready formed a trade name? It is not 11 capitalized or underlined. 12 Q It's not. 13 A The term I would use would be 14 preformed, they could be the same. 15 Q Fine, so you recall preformed pipe 16 insulation 17 A Yes. 18 Q -- which may be the same as ready 19 formed pipe insulation? 20 A Maybe. 21 Q Okay. And how about loosely packed 22 50 pound and 100 pound bags of asbestos or Page 104 EXX-MOR-004915 1 asbestos insulation cement, do you recall 2 those materials in use at Exxon? 3 A It says loosely packed 50 and 100 4 pound bags -- the memorandum has loosely 5 packed 50 pound and 100 pound bags of what, it 6 doesn't specify. The period follows the word 7 bags, so it would take an assumption that he's 8 talking about asbestos in these bags. 9 Q Well, actually, if you continue on 10 in the memorandum with me. Dr. Weaver, the 11 author writes, "Those forms of asbestos 12 insulating material which are most likely to 13 give rise to significant dust exposures are: 14 Number 450 insulating cement packed in paper 15 bags of 50 pound capacity. Number 302 16 Rubberoid Cement packed in burlap bags of 100 17 pound capacity, asbestos floats said to be 18 used as absorbents for oil and grease." So, 19 presumably, those are the 50 and 100 pound 20 bags he's referring to, correct? 21 A Presumably, yes. 22 Q Does that comport with your Page 105 EXX-MOR-004916 1 recollection of the materials, the asbestos 2 materials used at the Exxon refinery in the 3 1950s when you got there? 4 A They could be. 5 Q And do you recall that carload 6 shipments of the asbestos materials were 7 unloaded by these employees and spaced in the 8 warehouse, did you recall that operation at 9 Exxon? 10 A I haven't continued reading. Are 11 you going to let me continue to read or are 12 you going to read it for me? 13 Q Well, I just quoted from the 14 document, the next sentence, and asked you if 15 you recall that operation, that is, carload 16 shipments of the asbestos materials are 17 unloaded by the employees and spaced in the 18 warehouse. 19 A I don't recall seeing shipments. 20 carloads or otherwise going into the 21 warehouse. My interest was in observing -22 with respect to asbestos was in observing Page 106 EXX-MOR-004917 1 operations where asbestos materials were being 2 handled, they were being handled here into the 3 warehouse, but this is something I'm not 4 personally familiar with or don't recall. 5 Carload shipment, what is a carload, what does 6 that mean? 7 Q I think it is referring to a train 8 carload. Do you recall a train siding that 9 went up to the storehouse at Exxon? 10 A I know there were train tracks and 11 materials, that materials were brought into 12 the refinery by train, so that could be the 13 case. I don't recall train tracks at the 14 storehouse; that would be logical that that 15 would be a side track. Again, I have no 16 recollection of seeing a train load being 17 loaded or unloaded in the refinery. 18 Q Okay. And you are not saying it 19 didn't happen? 20 A No. 21 Q You are just saying you don't have a 22 recollection? Page 107 EXX-MOR-004918 1 A I never observed this as I can best 2 recall. 3 Q Okay. You don't have any specific 4 recollection of discussing a potential 5 asbestos dust hazard with Mr. Venable in the 6 storehouse off-loading asbestos products, is 7 that correct? 8 A I recall the need to require the 9 asbestos material suppliers to change the way 10 the containers within which they shipped the 11 material; paper sacks, if mishandled, could be 12 torn. If they were in burlap sacks, the 13 fibers could escape, and I know that the 14 requirement, the specifications that the 15 refinery had for asbestos materials were 16 changed in that they required the suppliers to 17 not use fragile paper bags or burlap sacks. 18 but to use reenforced paper or plastic 19 containers to ship asbestos materials into the 20 refinery. 21 Q As a matter of fact, the document 22 that I have been asking you about, the next Page 108 EXX-MOR-004919 1 sentence is that significant amounts of bagged 2 asbestos may be given off during these 3 operations from broken paper bags or from 4 unbroken burlap bags, that's the exact same 5 hazard you just described, correct? 6 A It is. 7 Q All right. Do you recall what year 8 Exxon took steps to have the manufacturers of 9 these products send them in plastic bags 10 instead of paper bags? 11 A No, I cannot specify any year. I 12 know that this was something that they would 13 act rather promptly on, they wouldn't wait 10 14 years to make such a specification. 15 Q Is it your recollection, then, that 16 this took place in the '50s, the '60s or the 17 '70s, that is, asking the manufacturers to 18 send the materials in plastic bags? 19 A I have no recollection as to a 20 specific year, sir. I have indicated that 21 this is the type of action that would be taken 22 promptly. I am looking for a date on this Page 109 EXX-MOR-004920 1 correspondence. 2 Q Well, I think there's not one on the 3 handwritten part, but it's part of a series of 4 correspondence, if you go over two pages to 5 the first typewritten page, it appears to be 6 an October 25th, 1951 memorandum from 7 Mr. Venable to Moore in the stores department 8 regarding asbestos insulation dust exposures. 9 number 2 storehouse. 10 MR. LEDYARD: I object to 11 the form of the question. 12 BY MR. KRAUS: 13 Q Do you see that, sir? 14 A I see a typewritten letter dated 15 October 25th, 1951. 16 Q All right, sir. 17 MR. LEDYARD: I object to 18 the form of the question if the assumption is 19 that the handwritten letter is dated, because 20 it has been handed to the witness in close 21 proximity to a letter that is purportedly 22 dated. Page 110 EXX-MOR-004921 1 BY MR. KRAUS: 2 Q Let me just ask you this, sir. Does 3 that dated letter in this same series of 4 correspondence as part of your deposition 5 exhibit number 4, are we at now, can you see 6 what Weaver deposition exhibit that is? 7 Number 4, okay, so we're on your fourth 8 exhibit to this deposition. Dr. Weaver. 9 Now, sir, turning over to that first 10 typewritten page, the October 25th letter. 11 does that appear to be the same subject as the 12 handwritten memorandum I have been asking you 13 about? 14 A May I read the letter? 15 Q Sure, take your time. 16 (Witness examining document.) 17 MR. LEDYARD: I object to 18 the form of the question. 19 (Witness examining document.) 20 MR. KRAUS: He asked the 21 question. 22 MR. LEDYARD: I object to Page 111 EXX-MOR-004922 1 your question. 2 THE WITNESS: They could be 3 related. 4 BY MR. KRAUS: 5 Q Okay. Does it appear to you to be 6 the same subject matter as the handwritten 7 memorandum? 8 A That appears to be the case. 9 Q All right. Why don't you turn to 10 the next page, I think at the top it's a 11 handwritten memorandum, it says asbestos 12 exposure 11/1/51. Do you recognize this 13 handwritten memorandum as being Mr. Venable's 14 handwriting? 15 A No, sir, I'm not in a position to do 16 so . 17 Q Okay. Why don't you review that and 18 we will take a break to let the videographer 19 change the tape. 20 MR. ALBANEZE: Off the 21 record at 1:28. End of Tape 1. 22 (Thereupon, a recess was taken.) Page 112 EXX-MOR-004923 1 MR. ALBANEZE: Back on the 2 record and start of Tape 2 at 1:30. 3 BY MR. KRAUS: 4 Q All right, sir. Did you get a 5 chance to review the handwritten memorandum 6 that begins, asbestos exposure 11/1/51? 7 A I did. 8 Q All right. And did you note that 9 there appears to be some calculations there, a 10 reference to the fact that it's wet and rainy. 11 a reference to double door railroad car or RR 12 car? 13 A Yes . 14 Q And after the calculations a 15 conclusion of 2.9 million particles per cubic 16 foot or MPCF; do you see those references? 17 A Oh, yes, sample number 2 is 2.9 18 MPCF, a million particles per cubic foot. 19 There's also a dust concentration sample 20 number 1 I believe that shows less than 1 21 million particles per cubic foot. 22 Q All right, sir. Now, with respect Page 113 EXX-MOR-004924 1 to those results, if you turn over to the next 2 page of Weaver exhibit 4, it's a typewritten 3 report purportedly by Mr. Venable. Do you 4 recognize his signature there? 5 A I can't recall the specific nature 6 of his signature, sir. 7 Q Okay. Do you recall ever seeing 8 this interoffice correspondence before on the 9 Esso stationery, dated November 2nd, 1951? 10 A I don't recall ever having seen it, 11 no. 12 Q All right. Directing your attention 13 to the middle of the page, does Mr. Venable 14 report here the calculations, the dust 15 concentrations that he apparently measured and 16 the handwritten paper that we looked at 17 before? 18 A The numbers are the same. 19 Q All right. What's the significance 20 to you of a measurement of 2.9 million 21 particles per cubic foot inside a railroad car 22 during unloading bags of asbestos cement? Page 114 EXX-MOR-004925 1 A Only the industrial hygienist taking 2 this sample is in a position to fully 3 interpret this, inside the car, how close was 4 he to the door, were the air blowing, were 5 there air currents there, where did he take 6 the sample at, how many -- what dimensions 7 above the floor, and, of course, the key most 8 important thing is what, if in any way, does 9 this pertain to breathing zone measurement, so 10 that I am not in a position to interpret 11 this. 12 I think we earlier decided that with 13 your help interpreting the million number, 14 that 5 million cubic -- million particles per 15 cubic foot was a TLV during a period of time, 16 but for the reasons cited, I am not in a 17 position to put meaning into this document. 18 Q All right. And Mr. Venable, in 19 fact, reports in the next paragraph below the 20 measurements, the second sentence, that -- 21 A Yes. 22 Q -- the maximum acceptable or maximum Page 115 EXX-MOR-004926 1 allowable concentration of asbestos dust is 5 2 million particles per cubic foot of air. 3 correct? 4 A Yes. 5 Q And does that comport with your 6 recollection of the TLV back in '50 -- 7 A It comports with my earlier 8 interpretation before I read that paragraph. 9 Q Okay. All right, sir. You would 10 agree that 2.9 million particles per cubic 11 foot is a measurable concentration of asbestos 12 dust, wouldn't you? 13 A Yes. 14 Q Now, and the date of that report is 15 1951, is that correct? 16 A It is dated November 2nd, 1951. 17 Q All right. I'm going to show you 18 now defendant Exxon Corporation's First Set of 19 Supplemental Answers to Plaintiffs' 20 Interrogatories, and I want to refer you to 21 page 3, the last paragraph of Supplemental 22 Answer to Interrogatory number 12, and I would Page 116 EXX-MOR-004927 1 like you to take a minute to read that 2 paragraph, I've highlighted portions of it. 3 A I see highlights in complete 4 paragraph number 1 -- number 2. Which 5 paragraph? 6 Q Yes, I'm talking about the 7 paragraph, would you read this whole paragraph 8 here, including the highlighted portion to 9 yourself, and let me ask you some questions 10 about it. 11 (Witness examining document.) 12 MR. LEDYARD: I think your 13 question implies that these were Exxon 14 supplemental answers in this case. I don't 15 know what you have handed the witness, but are 16 they supplemental answers in the Cashio case? 17 MR. KRAUS: No, they are in 18 the Emery case. 19 THE WITNESS: I've read the 20 paragraph. 21 BY MR. KRAUS: 22 Q All right, sir. And in this Page 117 EXX-MOR-004928 1 supplemental Answer to Interrogatory given by 2 Exxon in the Emery case, where the answer 3 concludes, quote, "Upon information and 4 belief, by 1947 Exxon had achieved zero 5 asbestos dust in the air above the ambient 6 amount, periodic sampling continued. New 7 areas or operations were monitored. The 8 repeat monitoring continued to show zero 9 asbestos dust." 10 Now, sir, Mr. Venable's report from 11 1951 that we've just reviewed contradicts this 12 Answer to Interrogatory, doesn't it; it shows 13 measurable asbestos dust in the air, doesn't 14 it. Dr. Weaver? 15 A It shows measurable asbestos dust. 16 I don't understand that reading that 17 paragraph. When it specifies or mentions zero 18 dust, we are breathing asbestos fibers right 19 now, everyone in this room, so that I can't, 20 without context, I cannot interpret any 21 memorandum that speaks in terms of zero 22 asbestos dust. Page 118 EXX-MOR-004929 1 Q When you say you don't understand 2 it, what you really mean is this is incorrect, 3 there was asbestos dust in the air during 4 operations at the refinery in 1947 and in 1951 5 and in years after 1951, correct? 6 MR. LEDYARD: I object to 7 the form of the question. I don't believe he 8 was there in 1947. 9 THE WITNESS: I'll stand on 10 my previous answer, that zero asbestos dust is 11 a number that I cannot really comprehend. If 12 it is speaking of midget impinger 13 measurements, why there's a floor to what the 14 midget impinger can detect, and if the writer 15 of that paragraph was giving recognition to 16 the floor or minimum that the midget impinger 17 could detect, and so that would be a 18 hypothetical zero, but not an actual zero, but 19 I guess what I'm saying is, I cannot interpret 20 that paragraph. 21 BY MR. KRAUS: 22 Q Well, the writer of this paragraph Page 119 EXX-MOR-004930 1 is Gregory Weiss, an attorney for Exxon, at 2 least he signed it, but my question to you is, 3 in your opinion, this is wrong, quote, "Exxon 4 had achieved zero asbestos dust in the air 5 above the ambient amount," end quote, that 6 statement is incorrect, in your opinion, at 7 the Baton Rouge Refinery when you were there, 8 Dr. Weaver, is that right? 9 A I'm saying that I don't understand a 10 citation of zero asbestos dust in any refinery 11 circumstance. 12 Q Well, zero is zero, zero means no 13 asbestos dust, and you would agree there was 14 asbestos dust in the air at the Baton Rouge 15 Refinery, correct? 16 A I would agree to that. 17 Q All right. So this is wrong when it 18 says Exxon had achieved zero asbestos dust in 19 the air, the statement by their attorney? 20 A I'm not inside the mind of the 21 writer of that memorandum. I am saying I 22 don't understand it. Page 120 EXX-MOR-004931 1 Q This document begins, "Comes now 2 defendant Exxon Corporation, who submits this 3 First Supplemental Answers to Plaintiffs' 4 Interrogatories as follows." So if Exxon 5 Corporation by their lawyer, Mr. Weiss, said 6 this, it's wrong, in your opinion? 7 A I wouldn't write the paragraph in 8 that type of context or terminology. 9 Q Okay. 10 MR. KRAUS: Let me attach 11 that as Weaver exhibit 5. 12 (The document referred to was marked Weaver Deposition 13 Exhibit No. 5 for identification and is attached 14 to the court copy of this deposition.) 15 16 BY MR. KRAUS: 17 Q Let me ask you, let me turn to your 18 medical monitoring program at the Baton Rouge 19 Refinery, Dr. Weaver. You all periodically 20 X-rayed Exxon employees and reviewed those 21 X-rays for occupational disease, correct? 22 A We did, the X-rays were interpreted Page 121 EXX-MOR-004932 1 by consulting the board certified radiologist. 2 the refinery physicians also looked at X-rays, 3 I looked at many X-rays. 4 Q All right. And for some period of 5 time you held a B-reader certificate, is that 6 correct? 7 A Yes, I underwent the NIOSH course 8 and was certified. 9 Q Do you know when that was, and feel 10 free -11 A I don't know. I wish you could tell 12 me. I think I was one of the early ones to be 13 so certified. Can you tell me when NIOSH 14 established that program? I have nothing in 15 my files to date that. 16 Q I don't, sir, I'm sorry, I can't. I 17 was wondering if it was on your resume. 18 A I was hoping that you could help me 19 with that. 20 Q I was wondering if it was on your 21 resume; is it on there? 22 A No, it's not on the resume. Page 122 EXX-MOR-004933 1 Q But, in any event, you and other 2 physicians at Exxon and employed by Exxon 3 reviewed those X-rays, correct? 4 A Correct. 5 Q And I think you've testified in the 6 past that at the time you were there you 7 didn't see any asbestosis on X-rays, correct? 8 A I did not see any cases that were 9 defined or established to be asbestosis. 10 Q Okay. Do you recall ever seeing 11 X-rays which had fibrosis which could have 12 been consistent with asbestosis? 13 A I most certainly saw X-rays which 14 showed fibrosis; whether or not they were 15 consistent with the X-ray changes that result 16 from asbestos exposure, I can't state at this 17 time . 18 In taking large numbers of X-rays, 19 there are many films that need to be reviewed 20 and interpreted and sometimes additional 21 X-rays taken to elucidate a lesion or a 22 suspicious lesion, and I stand by my position Page 123 EXX-MOR-004934 1 that I never saw a film that was defined or 2 established to be due to asbestosis. 3 Q All right, sir. Would you agree 4 with me that the classic finding of asbestosis 5 on chest X-ray is bilateral fibrosis or 6 scarring on X-ray? 7 A That's a start, yes. 8 Q Now, there's another classic X-ray 9 finding in asbestos exposed workers, and 10 that's pleural plaques or pleural thickening, 11 correct? 12 A That's the finding in asbestos 13 exposed workers and also in other nonexposed 14 workers on occasion. 15 Q Okay. And pleuralplaques you 16 make -- you make a good point, pleural plaques 17 and pleural thickening can be caused by 18 certain other processes, for example, trauma 19 to the chest, a gunshot or car wreck can cause 20 a pleural plaque, right? 21 A Right. 22 Q Okay. And aretheresome other Page 124 EXX-MOR-004935 1 causes that you can think of here today? 2 A Yes, there are other causes. A 3 focal pneumonitis might do it, a lung abscess 4 might do it, a pulmonary hemorrhage that's 5 peripheral might cause something that could be 6 confused, confounded with a pleural plaque due 7 to asbestos, so there are, indeed, multiple 8 causes. 9 There are other fibers that occur in 10 nature that cause pleural plaques, in Eastern 11 Turkey the Erionite, there are perhaps other 12 occupational exposures that might cause 13 pleural plaques that possibly could be 14 distinguished from those, well, even silica, 15 that if it caused peripheral irritation, it 16 conceivably could cause a pleural plaque, but 17 I believe that could be readily distinguished 18 from a plaque due to asbestos, but the point 19 is, there are multiple potential causes of 20 pleural plaques. 21 Q Okay, and since we don't have any 22 Erionite in the Baton Rouge area, we could Page 125 EXX-MOR-004936 1 probably exclude Erionite as the cause of a 2 pleural plaque in a refinery worker at the 3 Baton Rouge Exxon facility who had a pleural 4 plaque, couldn't we? 5 A Probably. 6 Q Okay. And if he didn't have a chest 7 trauma, you could probably exclude that. 8 correct? 9 A Yes, with this provision, that 10 sometimes it is difficult to know, ascertain 11 whether an individual had chest trauma years 12 ago. 13 Q Okay. 14 A There's a long latent period in the 15 development of pleural plaques from asbestos 16 or from -- it might have been there of long 17 duration due to trauma. 18 Q Well, let me just ask you this: In 19 asbestos exposed workers, occupationally 20 exposed workers -- exposed workers, and 21 particularly occupationally exposed workers. 22 would you agree with me that the most common Page 126 EXX-MOR-004937 1 cause of pleural plaques in those individuals 2 is, in fact, their asbestos exposure? 3 A I have a problem with that, and let 4 me explain why. I was troubled that we were 5 not seeing reports of pleural plaques by a 6 radiologist, and with the thousands of X-rays 7 being taken, I felt that some -- there must be 8 some pleural plaques there. So I talked with 9 the consulting radiologist about this, and 10 they explained that a pleural plaque is, by 11 radiologist, ordinarily it is a stabile -- if 12 it is stabile, and they have zero films on our 13 employees -- if it's stable, limited, it is 14 not viewed as having any clinical 15 significance, and so they may not mention that 16 in reading the films. 17 It's similar to the scarring that 18 occurs in chest X-rays as a residuum of 19 pulmonary tuberculosis, a primary and 20 secondary lesion, and in the '50s that was a 21 common finding, a frequent finding in chest 22 X-rays. Page 127 EXX-MOR-004938 1 The radiologist decided this 2 scarring is stabile and of not of clinical 3 importance, they don't bother to describe it 4 in reading serial films. So because of this 5 lack of finding evidence of pleural plaques, I 6 pulled a number of insulators who are 7 definitely potentially exposed to asbestos 8 fibers, their films, and -- shall I proceed? 9 Okay. I pulled a number of films of 10 insulators, more than 50, less than a hundred, 11 probably, I don't know the number, and also 12 acquired an equal number of nonexposed 13 asbestos control to use as controls, the same 14 age group, same period of service group, and 15 sent these to the radiologist for 16 interpretation with the specific request that 17 they look at them very carefully and describe 18 any pleural plaques which might be present. 19 This was done, and there were a few 20 pleural plaques in the asbestos exposed group, 21 but there were also a few pleural plaques 22 described in equal number, in fact, my memory Page 128 EXX-MOR-004939 1 serves that there was one more in the 2 nonexposed group as compared to the exposed 3 group. This was -- I can't date this, I have 4 no written report of this in my files, but I 5 believe this occurred, I'm quite certain it 6 occurred in the late 1950s. 7 I was aware of the reports of quite 8 commonly occurring within say shipyard workers 9 exposed to asbestos, the shipyard workers 10 during World War II and then the textile 11 operations where asbestos exposures were 12 occurring. I had every reason to believe that 13 the exposures in textile operations and 14 shipyard ship building were far, far greater 15 than those that were occurring in the 16 refinery, and so at this time I could only 17 conclude that the levels of asbestos exposure 18 that we were seeing were not sufficient to 19 induce pleural plaques in refinery workers. 20 Q Are you finished? 21 A Yes. 22 Q Object to the responsiveness and Page 129 EXX-MOR-004940 1 move to strike. 2 MR. KLAUS: Would you read 3 the question back, please? 4 (Thereupon, the question was read 5 back by the reporter.) 6 BY MR. KRAUS: 7 Q Would you answer that question. 8 please, sir? 9 A I think I answered your question. I 10 sincerely tried to answer your question. 11 Q I didn't ask you about your study in 12 the Baton Rouge facility. Do you think the 13 most common cause of pleural plaques in 14 asbestos exposed workers is asbestos exposure? 15 A My point is that when you speak of 16 asbestos exposed workers, you need to 17 categorize what type of worker, what type of 18 exposure are you dealing with. 19 Q Dr. Weaver, I understand workers -20 your point is that different workers have 21 different levels of asbestos exposure, is that 22 correct? Page 130 EXX-MOR-004941 1 A That is correct. 2 Q Okay. Would you also agree with me. 3 Dr. Weaver, that asbestos is asbestos, and 4 whether you are a laborer or an insulator, if 5 you breathe asbestos in sufficient quantities 6 it can cause disease, correct? 7 A Yes. 8 Q And laborers who breathe enough 9 asbestos don't get any different disease than 10 insulators who breathe the same amount of 11 asbestos, correct? 12 A Yes. 13 Q And so without going into the 14 differences in trades, just talking about 15 workers who are exposed to asbestos generally. 16 would you agree with me, sir, that among those 17 workers with pleural plaques, the most likely 18 cause of those plaques is asbestos exposure? 19 A The vast employee population, now 20 you are speaking in terms of population 21 studies, not refinery, not cohorts, but of the 22 vast employee, undefined population, the most Page 131 EXX-MOR-004942 1 common cause of pleural plaques are 2 attributable to asbestos exposure. 3 Q Thank you. That's all I was 4 asking. Now, sir, I'm going to refer you back 5 to Weaver exhibit 3. Can you find that in 6 front of you? That's Dr. Eckardt's report of 7 the Selikoff conference. Do you have it? Can 8 you turn to page 3005, the third paragraph. 9 (Witness examining document.) 10 Q He wrote, quote,"The next several 11 papers discuss the radiological and clinical 12 diagnosis of asbestosis. Perhaps of greatest 13 importance was the paper by I. J. Selikoff of 14 the Mount Sinai Hospital, who indicated that 15 plaques of pleural calcification seen on 16 roentgenograms of the lungs" -- is that X-rays 17 of the lungs? 18 A Yes. 19 Q -- "maybe evidenceof asbestosis 20 exposures." I think you meant to say asbestos 21 exposures there. 22 A Yes. Page 132 EXX-MOR-004943 1 Q Would you agree with that statement 2 Dr. Eckardt writes? 3 A Yes. 4 Q Now, sir, and I think you indicated 5 earlier that in your review of the way your 6 outside radiologists at the Baton Rouge 7 facility were reading these X-rays, they 8 weren't even reading for the presence or 9 absence of pleural plaques and pleural 10 calcifications and pleural thickening, isn't 11 that what you determined? 12 A If they were stabile, unchanged over 13 a series of films for a number of years, they 14 did not state that in their interpretation, it 15 was not the conventional thing to do. 16 Q They didn't write it in their 17 report ? 18 A They did not dictate it in their 19 report, which was subsequently transcribed. 20 Q So they were not recording that 21 finding when present in many instances of 22 pleural plaques, pleural thickening and Page 133 EXX-MOR-004944 1 pleural calcification? 2 A I believe that to be the case. 3 Q Okay. And whether stabile or 4 otherwise, you would agree that that is an 5 abnormality on a chest X-ray, correct? 6 A It's an abnormality, just as a scar 7 on your arm is an abnormality, so the question 8 of clinical significance must be addressed. 9 Q Right. And a scar on your arm 10 signifies that you have an injury on your arm 11 and that the healing process has created a 12 scar, correct? 13 A Yes, and it's stabile and staying 14 there on your arm for the rest of your life. 15 S-T-A-B-I-L-E. 16 Q And so when you testified that you 17 didn't see cases of asbestosis during your 18 time at the Baton Rouge Exxon facility, you 19 would have to qualify that by admitting that 20 your radiologists weren't reading for certain 21 asbestos related abnormalities, correct? 22 MR. LEDYARD: I object to Page 134 EXX-MOR-004945 1 the form of the question, I think he's 2 previously explained at length what he found 3 and what he did. Your question is vague. 4 ambiguous, it doesn't put a date on it, and 5 ignores the fact that he subsequently had the 6 radiologist check and found no additional 7 cases. 8 THE WITNESS: The question. 9 please? 10 (Thereupon, the question was read 11 back by the reporter.) 12 THE WITNESS: I'm sorry. 13 can you read the first part of that question 14 again? I missed something. 15 BY MR. KRAUS: 16 Q Let me restate it for you. 17 A Would you restate it? Thank you. 18 Q So when you testify that you didn't 19 see cases of asbestosis during your time at 20 the Baton Rouge Exxon facility. Dr. Weaver, 21 wouldn't it be fair to qualify your answers 22 that the doctors reading those X-rays of your Page 135 EXX-MOR-004946 1 employees weren't reading for certain asbestos 2 related abnormalities, namely, pleural 3 abnormalities caused by asbestos? 4 A You have a nonsequitur. Pleural 5 abnormalities are not part of the diagnosis of 6 asbestosis, which is a lung parenchymal 7 disorder, fibrosis, so there are separate 8 disorders, separate categories. 9 Q Okay. Well, then, a fairer question 10 would be, when you're saying that you didn't 11 see cases of asbestosis, you are not saying 12 that you didn't see asbestos related 13 abnormalities on the chest X-rays of your 14 workers at Baton Rouge, is that correct? 15 A I never said that and I never 16 intended to imply that, sir. 17 Q Okay, I just wanted to get that 18 clear for the jury. Now, sir, were you still 19 with Exxon when the OSHA guidelines were 20 passed in 1971 or '72? 21 A The OSHA guidelines I believe were 22 published in 1972, the year that I left Exxon. Page 136 EXX-MOR-004947 1 Q Did you have any involvement at 2 Exxon in implementing those guidelines or in 3 ensuring that Exxon complied with those 4 guidelines ? 5 A We were quite aware of the content 6 and requirements imposed by the guidelines or 7 the OSHA promulgation or policy prior to their 8 official publication because of the hearings 9 that had been carried out, so that we knew in 10 advance of their actual dated release what the 11 requirements would be. 12 Very minor changes were needed with 13 respect to our program. We called them 14 housekeeping changes, you needed to put up a 15 sign, the letters probably specified so many 16 inches in height, and in securing an asbestos 17 work area, we used barricades, but OSHA 18 specified a different type of barricade, so 19 there were matters like that. 20 The point I'm getting at is that no 21 substantive changes needed to be made in our 22 program due to the OSHA requirements. Page 137 EXX-MOR-004948 1 Q All right, sir. If I think I 2 understand you correctly, you say that the 3 program you had basically covered everything 4 OSHA required starting in 1972, correct? 5 A Again, that's not quite what I said. 6 but I stand by my former answer. 7 Q Okay, fair enough. Now, sir, let me 8 ask you about -- I want the court reporter to 9 mark this as Weaver exhibit 5 -- I'm sorry. 10 this would be 6. 11 (The document referred to was marked Weaver Deposition 12 Exhibit No. 6 for identification and is attached 13 to the court copy of this deposition.) 14 15 BY MR. KRAUS: 16 Q And let me, before I ask you about 17 this and go on to OSHA, with respect to that 18 last point concerning the failure of your 19 radiologist in some instances to note pleural 20 plaques or pleural thickening, you wrote a 21 report to Mr. Hans Siegel at Exxon on July 22 8th, 1994 summarizing your information and Page 138 EXX-MOR-004949 1 records on the policies and programs at Exxon 2 about asbestos, correct; do you recall that 3 report ? 4 A I would like to see it. 5 Q Let me show you a copy of it. 6 (Witness examining document.) 7 A Yes, now I recall the report. 8 Q Let me direct your attention to the 9 top of page 2, and you wrote this report. 10 correct? 11 A Yes. 12 Q Okay. And quoting from the first 13 sentence at the top of page 2, quote, "For its 14 part, the medical department monitored 15 employees for any suspicious lung changes 16 indicative of exposure to asbestos. 17 parenthesis, (other dust and substances)." 18 Now, at least with respect to pleural plaques 19 and pleural thickening in some instances, that 20 statement is incorrect, isn't it? 21 A Technically, it's not correct 22 because -- let me start over again. The films Page 139 EXX-MOR-004950 1 are a matter of record, and the films are 2 available for review, rereading, whatever is 3 needed, so that the employees were monitored 4 by X-rays of the chest. 5 The fact that stabile pleural 6 fibrotic plaques were not registered by 7 radiologists in every case does not detract 8 from the statement that the employees were 9 monitored. The X-ray itself provided the 10 monitoring. 11 Criteria for interpreting X-rays 12 change from time to time, and the fact that 13 the films were retained, available for 14 reinterpretation if needed, I think basically 15 I can stand by the statement as written. 16 Q But with that qualification, you 17 would agree that technically this statement is 18 not correct, isn't that true? 19 A It can be so read, now that I have 20 attempted to offer some explanation. 21 Q Would you agree with me that pleural 22 fibrotic plaques and thickening are an injury Page 140 EXX-MOR-004951 1 to the lining of the lung? 2 A There is scarring, and scarring may 3 be viewed as a body's response to an injury. 4 Q Okay. It is certainly an 5 abnormality, isn't it? 6 A Yes, it's an abnormality. 7 Q And would you agree that it is, 8 quote, a suspicious lung change indicative of 9 exposure to asbestos, that is pleural plaques 10 or pleural thickening? 11 A I would rewrite the sentence today 12 to say suspicious lung changes which may be 13 indicative of exposure to asbestos. You see 14 the sentence is also referring to other dusts 15 and substances, so it is referring to a 16 general monitoring program, not just limited 17 or specific for asbestos. 18 Q Okay. But the way it's written, 19 quote, "Any suspicious lung changes indicative 20 of exposure to asbestos," you'd agree with me 21 today would include the subset of suspicious 22 lung changes called pleural plaques and Page 141 EXX-MOR-004952 1 pleural thickening? 2 A That gets into the definition of 3 suspicious and lung changes. 4 Q Consistent with exposure to asbestos 5 or indicative of exposure to asbestos? 6 A Yes, as I recall. 7 Q Yes, and use your own criteria. 8 Isn't that a suspicious lung change indicative 9 of exposure to asbestos? I think you already 10 agreed with that in Mr. Eckhardt's report. 11 A But we've also discussed that a 12 pleural plaque is not necessarily due to 13 asbestos exposure, sir. I would rewrite that 14 to say. which may be indicative of exposure to 15 asbestos 16 Q Well, yes, you said it is not 17 necessarily indicative, but you'd agree that 18 it is suspicious for asbestos exposure? 19 A Or suspicious for a former rib 20 fracture 21 Q Well, now. Dr. Weaver, wouldn't you 22 be suspicious reading a chest X-ray today with Page 142 EXX-MOR-004953 1 a classic finding of pleural plaques 2 bilaterally that this man had asbestos 3 exposure? 4 A No, I wouldn't agree that he 5 necessarily had asbestos exposure when it 6 could have been due to an old rib fracture. 7 Q I didn't ask you that. I asked you 8 if you would be suspicious of asbestos 9 exposure. like you wrote in this report. 10 A The suspicion of possible asbestos 11 exposure would exist. 12 Q Thank you. All right, sir. Going 13 on to the OSHA period, OSHA required that the 14 clothing of asbestos exposed workers be 15 laundered on site and taken care of by the 16 employer. isn't that correct? 17 A I'm not familiar with the details of 18 the OSHA standard. In what year are you 19 citing, 1972 or something subsequent? There 20 have been revisions or additions to that. 21 Q I believe 1972, maybe Mr. Haines can 22 find that requirement for me and I can show it Page 143 EXX-MOR-004954 1 to you. I don't want to ask you about 2 anything you don't recall. Let me ask you 3 some other things and see if you recall this 4 while he's looking. 5 Do you recall if the '72 OSHA 6 requirements required you to put up signs 7 indicating the presence of asbestos at 8 locations where exposures may take place? 9 A I previously mentioned that that one 10 was one of what we called housekeeping 11 procedures that we needed to make sure that we 12 did. 13 Q And it required local exhaust 14 ventilation, and by that I mean something to 15 take the dust out of the air where asbestos is 16 cut, correct? 17 A That would have to be -- judgment 18 would have to be exercised with respect to 19 circumstances. If you are standing in a 20 20 mile an hour wind stream taking the dust away 21 and the dust cutting operation is very brief, 22 you would not require logically exhaust Page 144 EXX-MOR-004955 1 ventilation. I think these things, one has to 2 exercise some judgment. 3 Q Okay. My point, very simply, is 4 that -- and I'll refer you to a copy of the 5 1972 OSHA regs effective July 7th, 1972, with 6 the laundering requirements and the exhaust 7 ventilation requirements and the sign and 8 label requirement. 9 My point, very simply, sir, is that 10 these require certain practices be undertaken 11 with respect to asbestos that Exxon wasn't 12 engaging in in 1972 when they were 13 implemented, correct? 14 A I had already indicated that was the 15 case. 16 Q All right. And is there any reason 17 why those practices weren't implemented 18 earlier at Exxon? 19 A Take the -- you mentioned the 20 requirement that a sign be posted. If the 21 refineries used barricades and the workers 22 kept other people out of the barricaded area. Page 145 EXX-MOR-004956 1 so that someone didn't come wandering in, I 2 think most people would reasonably agree that 3 the addition of a sign was just a detail that 4 OSHA felt was desirable, and, okay, if OSHA 5 wants a sign posted, well, we will now post 6 signs, but that the previous manner of 7 carrying out that operation protected the 8 workers without the sign. 9 Q All right. So you all felt it 10 wasn't necessary, so you didn't post it, is 11 that correct? 12 A I didn't say it was necessary. I 13 earlier stated that we made a point to abide 14 by all federal, state, local laws, it was 15 extremely important to the refinery management 16 and our way of doing business. 17 Q And did you comply with this federal 18 law when it was passed? 19 A The OSHA regulation was dated July, 20 can you give me the date again, please, you 21 cited it? 22 Q I have a copy for you right there Page 146 EXX-MOR-004957 1 I'm sorry, it's right in front of you. 2 A It is in front of me. 3 Q I have an extra one. I think it is 4 dated July 7th, 1972, is that correct? 5 A Okay. I was in the process of 6 leaving Exxon in July of 1972, I physically 7 moved to Washington in September and was in 8 transition, I had been in Europe in June and 9 was in transition during the month of July and 10 August, and so I did not have responsibility 11 for the detailed implementation of the OSHA 12 standard, that was passed on to my successor. 13 Q And so you don't know if they 14 complied with the requirement to post signs 15 and so forth, is that correct? 16 A I don't know, I have indicatedthat 17 the practice was to abide by all regulations. 18 Q All right, sir. And earlier on when 19 your testimony was signs weren't posted 20 because barricades or sheets or something was 21 hung to separate workers from asbestos, would 22 you agree with me that the presence of a sheet Page 147 EXX-MOR-004958 1 or a barricade doesn't indicate to the worker. 2 like a sign does, that asbestos is present in 3 a location? 4 A Well, there are other ways, I would 5 agree with you on that, but there are other 6 ways to indicate that asbestos is present in 7 the location. The insulation workers simply 8 tells anybody wandering in the area to stay 9 out because we are working with asbestos. 10 that's an effective form of communication as 11 well as a sign. 12 Q Sure, if someone does it, you are 13 right. 14 A Yes. 15 Q But if a sign is up, you are not 16 relying on someone to make sure that every 17 worker who comes near is warned verbally. 18 correct? 19 A True. 20 Q Now, NIOSH and OSHA sanctioned the 21 B-Reader criteria for reading occupational 22 films, is that correct? Page 148 EXX-MOR-004959 1 A Yes. 2 Q Would you agree that a film reading 3 of 1/0 on chest X-ray is consistent, assuming 4 the right shape, size and distribution of the 5 fibrosis is sufficient to diagnose asbestosis? 6 A As earlier minimal stage, and I 7 would further qualify this, that there are 8 different B-Readers may fail to agree on a 1/0 9 interpretation, and with the same B-Reader, 10 looking at the same film three weeks later, it 11 may or may not agree with that classification, 12 that that's an early sign of asbestosis. 13 Q Okay. So the answer is, with your 14 qualification that there's inter-reader 15 variability, you agree that a 1/0 X-ray, 16 assuming the right shape and size of the 17 markings and distribution, is consistent with 18 early asbestosis? 19 A There might be a further 20 qualification that there is a history of 21 exposure to asbestos and that there was not a 22 history of exposure to other confounding dusts Page 149 EXX-MOR-004960 1 or idiopathic pulmonary fibrosis to confuse 2 the issue. 3 Q Okay. All right, sir. I'm going to 4 show you what the court reporter marked as 5 plaintiffs' exhibit 6, and this is a document 6 which purports to be to Mr. Jones from 7 Mr. Venable. Was there either a Dr. Jones or 8 Mr. Jones in the medical department or the 9 industrial hygiene department at Baton Rouge 10 in 1974 or succeeding you at Baton Rouge? 11 A There was a Dr. Jones. 12 Q Okay. 13 A A medical doctor, a occupational 14 physician. 15 Q Okay. What's his first name, Dakin? 16 A Kenneth. 17 Q I'm sorry. Dr. Kenneth Jones? 18 A Yes. 19 Q Okay. Now,sir, the subject of this 20 memorandum in exhibit 6 is asbestos exposures? 21 MR. LEDYARD: I will object 22 to references to what's been designated as Page 150 EXX-MOR-004961 1 Weaver exhibit 6 if it's a document purported 2 to be dated after the date that Dr. Weaver 3 left the company, and there is, therefore, no 4 proper foundation, no indication Dr. Weaver 5 has ever seen that document. 6 MR. KRAUS: Okay, fair 7 enough. 8 BY MR. KRAUS: 9 Q I'm going to ask you some questions. 10 nonetheless, and the judge will rule on that 11 later. Dr. Weaver. This document states that. 12 "On October 8th and 9th, 1974, I collected 13 air samples for asbestos fiber analysis at the 14 number 2 PCLA turnaround." Do you know what a 15 turnaround is. Dr. Weaver? 16 A I do . 17 Q Can you tell the jury what a 18 turnaround is? 19 A It is a reconstruction or rebuilding 20 of a refinery unit that through long usage 21 needs repair work done. 22 Q Okay. And it's common in a Page 151 EXX-MOR-004962 1 turnaround that the refinery or portion of it 2 is shut down and many different outside 3 contractors come onto the site and as rapidly 4 as possible remodel or rebuild that portion of 5 the refinery subject to the turnaround, 6 correct? 7 A No, there may not -- turnaround may 8 be conducted without any contractors, with 9 in-house personnel of the refinery, and there 10 may be one contractor and he -- or there may 11 be more than one. 12 Q Okay. 13 A Can you repeat the question? There 14 is something further that bothered me with 15 that question. I don't want to appear to be 16 nitpicking, but we need to be specific in 17 these matters. 18 Q Certainly. I don't recall it 19 exactly, so the court reporter will have to 20 read it to you to see if you had any other 21 problems with my characterization. 22 (Thereupon, the question was read Page 152 EXX-MOR-004963 1 back by the reporter.) 2 A The additional problem was simply 3 the matter of, as fast as possible or the 4 priority assigned, some turnarounds are worked 5 24 hours a day, others are lower priority and 6 they are done at a leisurely pace, it depends 7 on the need for the unit at the time. 8 Q Okay, fair enough, but would you 9 agree with me that if the unit is down for a 10 turnaround, it's not producing gasoline or 11 doing the business of the refinery, correct? 12 A The part that's down for turnaround 13 is not operative. 14 Q And, therefore, not making money for 15 Exxon, right? 16 A True. 17 Q Okay. Now, according to this 18 document, Mr. Venable writes, quote, "The TLV 19 for asbestos is 5 fibers greater than 5 20 microns in length per cubic centimeter of 21 air," I'm reading for just below the samples. 22 Does that comport with your recollection of Page 153 EXX-MOR-004964 1 the asbestos TLV in 1974? 2 MR. LEDYARD: I object to 3 the form of the question, specifically as it 4 relates to representations as to that document 5 and implies the authenticity of the document, 6 and that even if it is a document Mr. Venable 7 wrote, no proper foundation. 8 THE WITNESS: I'm looking 9 for the date of this document. 10 BY MR. KRAUS: 11 Q The first line of the document. 12 A October 8, 1974. I had no occasion 13 to be familiar with the details of the OSHA 14 asbestos regulation in 1974. I was at the 15 American Petroleum Institute and we were not 16 working with asbestos or OSHA related matters 17 that pertain to asbestos. 18 Q Okay. So you don't know whether the 19 TLV for asbestos was 5 fibers per CC in 1974? 20 A I don't know that. I know that it 21 was lowered to 2 and into 2/10ths, but I don't 22 know the dates for these things, and I had no Page 154 EXX-MOR-004965 1 occasion or need to know that type of thing in 2 my occupation, professional work at that time. 3 Q Okay. Well, in any event, would you 4 agree with me that the readings reflected here 5 under samples number 1, 2, 3 and 4 and 5, the 6 last column on the right, the number of fibers 7 greater than 5 microns per CC, all of those 8 readings far exceed 5, would you agree with 9 me? 10 MR. LEDYARD: I object to 11 the form of the question, lack of foundation. 12 THE WITNESS: I can agree 13 that the numbers are greater than 5. It 14 indicates that they were collected by means of 15 a personal sampler. 16 BY MR. KRAUS: 17 Q What's a personal sampler? 18 A That is my question. It may be 19 indicative of breathing zone, a precise 20 breathing zone measurement, or it may not be 21 indicative of that. 22 Q In fact, isn't it a sampling device Page 155 EXX-MOR-004966 1 that's worn in the breathing zone of a worker 2 to measure as accurately as possible what the 3 worker is exposed to in performing an 4 operation. Dr. Weaver? 5 A Not necessarily. You can't put a 6 sampler in the nose itself. Ordinarily, it is 7 an effort to define or estimate as accurately 8 as possible the breathing zone. The other 9 thing is these are sample times of 16 minutes, 10 4 minutes and 3 minutes. Is that an average, 11 is that a peak, is that the worst case, is it 12 the best case? Only Mr. Venable can really 13 interpret this, or, at any rate, I cannot 14 interpret it. I don't know that much about 15 the sampling procedure that was canned, how it 16 was carried out at that time. 17 Q And, in any event, he captured in 18 sample 1, 15 particle fibers over 5 microns; 19 in sample 2, 78, and sample 3, 58 fibers, and 20 sample 4, 255 fibers, and in sample 5, 203, 21 that's what he wrote in this document in 1974, 22 isn't it. Dr. Weaver? Page 156 EXX-MOR-004967 1 MR. LEDYARD: Object to the 2 form of the question, lack of foundation. 3 THE WITNESS: And that is 4 what is written, but these must be correlated 5 with the sample time 16 minutes, 4 minutes, 3 6 minutes, 2 minutes, 2.5 minutes respectively. 7 BY MR. KRAUS: 8 Q Okay. And, in any event, if 5 9 fibers per CC was the TLV in 1974, assuming 10 that these readings are correct, we are well 11 beyond 5, aren't we? 12 MR. LEDYARD: Object to the 13 form of the question, lack of foundation. 14 THE WITNESS: Did the OSHA 15 TLV, didn't that specify for an 8 hour work 16 day or the equivalent of a 10 hour work day. 17 and these are samples taken for a very brief 18 period of the work day, that's why I cannot 19 interpret that. 20 BY MR. KRAUS: 21 Q Well, sir, don't the OSHA 22 regulations in 1972 require personal Page 157 EXX-MOR-004968 1 monitoring? And feel free to refer to the 2 OSHA regulations that I provided you there, if 3 you still have them there. 4 A If you want me to read all of this, 5 I can do that. Maybe your associate there can 6 give me a clarification, I would appreciate 7 any. 8 Q Okay. Well, with respect to 9 personal monitoring, why don't you turn over 10 to the third page of that document, the OSHA 11 regs from 1972. Are you at the third page? 12 Do you see in the second column, the second 13 paragraph down, number 2, personal monitoring, 14 where the OSHA regs state, and I will quote, 15 "Samples shall be collected from within the 16 breathing zone of the employees or membrane 17 filters of 0.8 micrometers porosity mounted in 18 an open faced filter holder. Samples shall be 19 taken for the determination of the 8 hour 20 time-weighted airborne concentration and of 21 the ceiling concentrations of asbestos 22 fibers." Is that what the OSHA regs. say in Page 158 EXX-MOR-004969 1 1972? 2 A You just read that, and I don't know 3 how to relate a 2 and a half minute sample to 4 an 8 hour time-weighted average. 5 Q Okay. How about a ceiling 6 concentration, do you know what a ceiling 7 concentration is. Dr. Weaver? 8 A In the older regulations a ceiling 9 was viewed as a level not to be exceeded, but 10 there were provisions on time and duration of 11 such -- in such interpretations, and that 12 could be made, and I don't know how this fits 13 into the OSHA regulation, I'm waiting for you 14 to tell me. 15 Q Okay, let's go over to the first 16 page of the 1972 OSHA regs, the second column. 17 number 3, the third paragraph down, ceiling 18 concentration, no employee shall be exposed at 19 any time to airborne concentrations of 20 asbestos fibers in excess of 10 fibers longer 21 than 5 micrometers per cubic centimeter of air 22 as determined by the method prescribed in Page 159 EXX-MOR-004970 1 paragraph E of this section. All right, sir? 2 Does that help you, does that help explain to 3 you what a ceiling concentration as defined by 4 the applicable OSHA regulations was? 5 A Okay, I admit that there are levels 6 far in excess of 10 fibers, but my earlier 7 qualifications to your question about was it 8 really breathing zone, and I'm still bothered 9 by the duration matter here, and I would defer 10 to more expert advice from a certified 11 industrial hygienist, which I am not. 12 Q Okay. So what you are telling us is 13 that you don't know if when the OSHA 14 regulations say no employees shall be exposed 15 at any time to airborne concentrations greater 16 than 10 fibers, whether that means 3 minutes 17 or 2.5 minutes, as Mr. Venable reported in 18 this 1974 document, correct? 19 A That's correct, I don't know that. 20 Q All right, sir. Do you agree with 21 this statement on page 2 of Mr. Venable's 22 document, if your counsel can give it back to Page 160 EXX-MOR-004971 1 you and you can refer to page 2, end of the 2 second line, quote, "It is difficult, if not 3 impossible to suppress this dust by prior 4 wetting by water hoses, since pipe insulation, 5 in particular, is covered with weatherproof 6 paper and this must be removed before water 7 can reach the insulation material." Do you 8 agree with that statement in this document by 9 Mr. Venable? 10 MR. LEDYARD: Object to the 11 form of the question, lack of foundation. 12 THE WITNESS: I don't see 13 why you don't take off the waterproof paper 14 and then wet it down, I don't know what fiber 15 level would emanate from the removal of the 16 waterproof paper. 17 BY MR. KRAUS: 18 Q Did you ever discuss this problem 19 with Mr. Venable of the dust level? 20 A No, I never discussed this with 21 him. I'm not sure I ever met with Mr. Venable 22 after the regulations were promulgated. Page 161 EXX-MOR-004972 1 Q Well, you certainly met with 2 Mr. Venable on many occasions while you were 3 at Exxon when asbestos products were being 4 removed from pipes or vessels at the Baton 5 Rouge facility, correct? 6 A Yes. 7 Q Do you have a specific recollection 8 of him doing dust measuring during that 9 operation? 10 A I know that that was done, it's 11 likely that I observed it being done. 12 Q Did you ever discuss with him any of 13 the problems with wetting the material during 14 this operation; do you recall that? 15 A I know that wetting of asbestos 16 operations were frequently carried out in the 17 Baton Rouge Refinery, wetting with water. 18 wetting with detergent water as well, and it 19 was an effective way to suppress dust. 20 Q Okay. How about this problem of 21 removing insulation material that is high on a 22 vessel or high up in the air, such as Page 162 EXX-MOR-004973 1 Mr. Venable writes about here, quote, "The 2 problem is further complicated because the 3 insulator is working at relatively high 4 elevations, with often poor footing. Any 5 attempt to wet the insulation during actual 6 removal using water houses might contribute to 7 an accident from slipping or working on the 8 wet asbestos." Did you ever discuss that 9 problem with Mr. Venable? 10 MR. LEDYARD: I object to 11 the form of the question, lack of foundation. 12 THE WITNESS: I have no 13 recollection of discussing that problem 14 Mr. Venable. 15 Q Okay, and I understand he is 16 observing a 1974 operation here, but that kind 17 of operation certainly took place while you 18 were medical director at Baton Rouge, didn't 19 it. Dr. Weaver? 20 A I don't know. 21 Q You don't know if asbestos was ever 22 removed from high off the ground? Page 163 EXX-MOR-004974 1 A It was removed from high off the 2 ground, but this kind of operation where there 3 was apparently some deterrent to the use of 4 wetting down, I just don't know about that, I 5 wasn't there. 6 Q Is it hard, did you have facilities 7 to spray something that was 50 or 100 feet off 8 the ground with water? 9 A We had water under high pressure 10 within the refinery. 11 Q That makes -- water can make working 12 surfaces slippery, you would agree with that. 13 wouldn't you? 14 A It may. 15 Q And you don't ever recall discussing 16 this footing problem with Mr. Venable that he 17 discusses here about wetting? 18 A No. 19 MR. LEDYARD: I object to 20 the form of the question, lack of foundation. 21 BY MR. KRAUS: 22 Q How about when he writes, "The Page 164 EXX-MOR-004975 1 contractor's job of removing insulation from 2 the shell of the reactor is also complicated 3 by the large quantities to be removed, the 4 dustiness of the material, and the added 5 problem of wire mesh support of the asbestos 6 cement. Large amounts of dust are generated 7 when the wire mesh is cut or shaken as it is 8 removed. The scrap material also cannot be 9 bagged before removal, since the wire readily 10 cuts the plastic bags usually employed for 11 scrap material." Did you ever discuss that 12 asbestos dust problem, Mr. Venable, when you 13 were at Baton Rouge? 14 MR. LEDYARD: I object to 15 the form of the question, lack of foundation. 16 THE WITNESS: I never 17 discussed that with him, but I would like to 18 point out that in situations where it is 19 difficult to control dust emanated or 20 released, respirators, filters with 21 appropriate respiratory protective devices 22 were available and used. Page 165 EXX-MOR-004976 1 BY MR. KRAUS: 2 Q They were not required, were they. 3 respiratory devices? 4 A They were required if the judgment 5 of the safety adviser or first-line supervisor 6 saw a need for it. 7 Q But the typical policy is that they 8 were available, but not required for most 9 operations, correct? 10 MR. LEDYARD: I object to 11 the form of the question, it misstates what he 12 just told you. 13 THE WITNESS: Were not 14 needed for most operations, on the exceptional 15 situations they were required and they were 16 used. 17 MR. LEDYARD: We will take 18 another short break, we have been at it for a 19 while. 20 MR. ALBANEZE: Off the 21 record at 2:36. 22 MR. KRAUS: Why don't you Page 166 EXX-MOR-004977 1 mark that first. 2 (The document referred to was marked Weaver Deposition 3 Exhibit No. 7 for identification and is attached 4 to the court copy of this deposition.) 5 6 MR. ALBANEZE: Back on the 7 record at 2:47. 8 BY MR. KRAUS: 9 Q All right. Dr. Weaver, before the 10 break we were discussing respirator policy. 11 I'm going to show you a 1/1 -- or a 1/1/72 12 memorandum which is handwritten, it purports 13 to be from someone who's initials are SCP, 14 it's to someone named Ray, and it asks for 15 comments from FSV. Was FSV Fred Venable's 16 initials ? 17 A They were his initials, yes. 18 Q Okay. Do you know a person whose 19 names were SCP at the Baton Rouge facility? 20 A I cannot place anyone with those 21 initials at this time, sir. 22 Q Okay. How about someone named Ray, Page 167 EXX-MOR-004978 1 do you know anyone in safety or industrial 2 hygiene named Ray? 3 A I cannot recall any at this time. 4 sir. 5 Q Okay. 6 MR. LEDYARD: I'm going to 7 object to any questions concerning a document 8 that has not been identified or authenticated 9 or even represented to be what it is, lack of 10 proper foundation. 11 BY MR. KRAUS: 12 Q Okay. This memorandum, sir, states 13 that, quote, "We have respirators available 14 during the application of insulation or 15 during," quote, 'demolition'? closed quote. 16 question mark, "dismantling of insulated pipe 17 or structure. However, many employees do not 18 use the protective equipment and we have not 19 been forcing its use." 20 Do you have any knowledge of that 21 policy with respect to the use of respiratory 22 equipment at the Baton Rouge facility. Dr. Page 168 EXX-MOR-004979 1 Weaver? 2 MR. LEDYARD: I object to 3 the form of the question, lack of foundation. 4 THE WITNESS: We discussed 5 earlier that the use of respiratory protective 6 equipment could be required, could be 7 mandatory if the safety adviser or the 8 first-line supervisor felt it necessary, and 9 so I don't understand the comment. 10 BY MR. KRAUS: 11 Q Okay. Your qualification is, if the 12 first-li ne supervisor or the safety supervisor 13 -14 A Adviser. 15 Q Safety advis er ? 16 A Is the term we used, yes, sir. 17 Q -- thought i t necessary, if this is 18 correct. this implies that the first-line 19 supervis ors and safety advisers weren't 20 deeming respirators ne cessary during 21 insulati on and removal , is that correct? 22 MR. LEDYARD: I object to Page 169 EXX-MOR-004980 1 the form of the question, lack of foundation. 2 THE WITNESS: It's an 3 interpretation, the memo speaks for itself and 4 it has to be interpreted. 5 BY MR. KRAUS: 6 Q Okay. And I guess my question to 7 you would be, with respect to your personal 8 knowledge, you don't have personal knowledge 9 of which supervisors and which safety advisers 10 specifically required the use of insulation 11 or, excuse me, the use of respiratory 12 protection during insulation and demolition of 13 insulation and which ones didn't, do you? 14 A I have no such knowledge it was a 15 practice within the refinery to require the 16 use of protective devices for -- to prevent 17 dust inhalation, and I know that they were 18 used on occasion, okay? Perfection is rarely 19 achieved, but I don't understand the 20 memorandum. 21 Q Okay. And when you say you know 22 they were used on occasion, that's because Page 170 EXX-MOR-004981 1 there were occasions when you personally were 2 out there in the refinery, correct? 3 A Correct. 4 Q There were many other occasions when 5 you were not out walking the grounds of the 6 refinery and you don't know what was going on 7 out there, correct? 8 A Yes, and when I wasn't there, 9 whether they were used and not used. 10 Q All right, sir. Now,with respect 11 to -- going back again to the OSHA regulations 12 in 1972, and I'm sorry to jump around, but I'm 13 going to refer you back to Weaver deposition 14 exhibit number 6, the 1974 Venable 15 memoranda -- by the way -- 16 MR. LEDYARD: I object to 17 the reference to the Venable memorandum, no 18 showing of authenticity and no proper 19 foundation. 20 BY MR. KRAUS: 21 Q With respect to this memorandum, you 22 received many memoranda from Fred Venable on Page 171 EXX-MOR-004982 1 similar stationery to this with different 2 blocks for the correspondence and the subject 3 and the date and the file number, didn't you? 4 MR. LEDYARD: I object to 5 the form of the question. 6 THE WITNESS: I would 7 believe this to be perhaps a refinery form 8 that was in use. I do not recall this form 9 of -- form of memorandum development. 10 BY MR. KRAUS: 11 Q You do not specifically recall that 12 form? 13 A I do not. 14 Q Okay. Well, let me show you one 15 from 1964 that's addressed to you from 16 Mr. Venable. Do you have any recollection of 17 that memoranda regarding insulator's exposure 18 to asbestos to Dr. Neill K. Weaver -- that's 19 you, right? 20 A It is. 21 Q From Fred S. Venable, date, 5/13/64; 22 do you recall that memorandum? Page 172 EXX-MOR-004983 1 A May I read it? 2 Q Sure . 3 (Witness examining document.) 4 Q Would you prepare that for number 5 10, mark that as 10 when he's finished. I'm 6 sorry, number 8. I'm sorry. 7 A Yes, sir, I've read the memorandum 8 now. 9 Q Now, I would like you to compare -10 first of all, why don't you hand it -- the 11 court reporter is going to mark that as 12 exhibit 8 to your deposition. 13 (The document referred to was marked Weaver Deposition 14 Exhibit No. 8 for identification and is attached 15 to the court copy of this deposition.) 16 17 MR. LEDYARD: I think the 18 question posed was whether or not he ever 19 remembered seeing that document. 20 BY MR. KRAUS: 21 Q Okay. Now that the court reporter 22 has marked it and you've read it, do you Page 173 EXX-MOR-004984 1 remember seeing that document? 2 A No, sir, I do not remember ever 3 having seen this document. 4 Q Okay. Do you dispute that you 5 received this document? 6 A When I say I haven't -- I have no 7 recollection of having seen it, I simply mean 8 I don't enow whether I did or did not have 9 occasion to receive it or review it. 10 Q You just don't remember it? 11 A I don't remember it. 12 Q Okay. Comparing this exhibit to the 13 1964 Venable memorandum to you to the 1974 14 Venable memorandum to Jones, that appears to 15 be the same type of form, is that correct? 16 MR. LEDYARD: I object to 17 the form of the question. 18 THE WITNESS: You mean the 19 form? 20 BY MR. KRAUS: 21 Q Yes. 22 A Yes, yes. Page 174 EXX-MOR-004985 1 Q Okay. 2 A The page layout, in other words. 3 Q Do you have any reason to dispute 4 the authenticity of either of these documents? 5 MR. LEDYARD: I object to 6 the form of the question, he has already said 7 that he doesn't recall ever seeing those 8 documents. Asked and answered. 9 BY MR. KRAUS: 10 Q You can answer, sir. 11 A I can only state that I have -- that 12 I don't have no recollection of these 13 documents and am in no position to 14 authenticate or dispute the authenticity of 15 them. 16 Q Okay, fair enough. Before we talk 17 about the 1964 memorandum addressed to you, 18 going back to the 1974 memorandum, the third 19 paragraph on page 2, "There are a number of 20 items," and I am reading from this, "There are 21 a number of items concerning these jobs that I 22 feel deserve comment. Of first concern is the Page 175 EXX-MOR-004986 1 clothing contamination by asbestos dust which 2 is almost unavoidable in this scope of removal 3 operations. Not only are we violating the 4 existing regulations concerning clothing by 5 not providing such clothing and laundering it. 6 but we are also failing to protect our 7 employees and the families of our employees 8 from asbestos exposure. The matter of 9 protection of contractor's employees is also 10 worthy of consideration by our management." 11 Now, sir, does it comply with your 12 recollection of Exxon's policies at the Baton 13 Rouge facility when you were there that Exxon 14 did not provide safety clothing or laundry 15 service of asbestos contaminated worker's 16 clothes? 17 MR. LEDYARD: I object to 18 the form of the question, lack of foundation. 19 I further object that the time period that 20 you're talking about is a couple of years 21 after Dr. Weaver left the employ of Exxon. 22 THE WITNESS: I'm sorry, I Page 176 EXX-MOR-004987 1 am trying to recall the question and I 2 cannot. 3 (Thereupon, the question was read 4 back by the reporter.) 5 THE WITNESS: The provision 6 of work clothing in industry generally and in 7 the Baton Rouge refinery specifically was an 8 evolutionary process, in our refinery we had 9 other concerns other than asbestos, as I 10 indicated, and protective work clothing was 11 provided for certain workers who were exposed 12 to high boiling catalytically cracked oils. 13 and laundry service was provided, I cite this 14 as an example. 15 Now, if and when protective clothing 16 and laundry service was instituted with 17 respect to asbestos exposures, I'm not 18 familiar with that time. I'm surprised that 19 -- if it was part of the asbestos OSHA 20 regulation, I'm surprised that if the memos 21 speak for itself, such clothing was not 22 provided and laundry service was not provided. Page 177 EXX-MOR-004988 1 BY MR. KRAUS: 2 Q Were you aware that asbestos was a 3 hazard on the clothes carried home to the 4 family members of employees who were exposed? 5 A I was aware that it could 6 potentially be. 7 Q In fact, that was discussed at the 8 1964 asbestos conference that you and Dr. 9 Eckardt went to, correct? 10 A Yes. 11 Q Mr. Venable goes on to write in the 12 next paragraph, quote, "While we issued 13 refinery-wide guidelines on asbestos handling 14 soon after the effective date of the standard 15 in 1972, there are still deficiencies in our 16 compliance with these guidelines, especially 17 the failure to restrict unprotected employees 18 from these areas and the failure to post 19 warning signs in the asbestos work area." 20 Were those deficiencies in your 21 program deficiencies you were aware of when 22 you were at Exxon? Page 178 EXX-MOR-004989 1 MR. LEDYARD: I object to 2 the form of the question, lack of foundation. 3 THE WITNESS: I am 4 surprised with this memorandum and this 5 description of deficiencies, which I did not 6 believe existed. Again, the time of this. 7 1974, two years after the OSHA policy on 8 asbestos was released, is a period that I 9 don't have personal responsibility -- did not 10 have personal responsibility for. 11 BY MR. KRAUS: 12 Q All right. Mr. Venable mentions at 13 the end of this two cases of mesothelioma in 14 recent months among Exxon Company employees. 15 granted, this was 1974. Would you have had 16 any reason to have learned of these when you 17 were at the API in 1974? 18 MR. LEDYARD: I object to 19 the form of the question. 20 THE WITNESS: In fact, I 21 had not learned of them, in fact, I'm somewhat 22 surprised that someone at Exxon, assuming this Page 179 EXX-MOR-004990 1 memo speaks for itself, it's true, I am 2 somewhat surprised I didn't receive a phone 3 call about it, but I was never advised of two 4 cases of mesothelioma occurring at that time. 5 BY MR. KRAUS: 6 Q Okay, that's fine. Now, will you 7 turn to the 1964 memorandum. Mr. Venable in 8 this memorandum addressed to you lists a 9 number of insulation materials containing 10 asbestos. 11 Are you familiar with any of these 12 materials, namely 302 Cement from 13 Johns-Manville, Unibestos from Pittsburgh 14 Corning, Thermobestos from Johns-Manville, 15 Calcolite from Ruber Right Company and 16 CareyTemp from Phillip Carey Company? 17 MR. LEDYARD: I object to 18 the form of the question, lack of foundation. 19 THE WITNESS: I'm not 20 familiar with the trade names of asbestos 21 containing products. 22 BY MR. KRAUS: Page 180 EXX-MOR-004991 1 Q Would you agree with me that all 2 high temperature pipe covering in use at the 3 refinery in the 1950s, in the early '60s when 4 you were there was asbestos containing? 5 A I do not know that to be the case. 6 When you say high temperatures, there are 7 different degrees of high temperatures that 8 can occur, and there were insulating materials 9 that could be used or might be used for 10 certain high temperature applications, but. 11 admittedly, asbestos might be required to meet 12 the engineering specifications for certain 13 high temperature pipe facilities. 14 Q Do you know what was the cutoff 15 above which you needed to use asbestos 16 insulation in terms of temperature? 17 A I'm not familiar with the 18 engineering specifications. 19 Q All right, sir. In this 1964 20 memorandum, one, two, three, four -- the third 21 paragraph from the bottom, the last sentence. 22 Mr. Venable writes about this particular Page 181 EXX-MOR-004992 1 insulation, he's observing that respirators 2 were available for use by the insulators, but 3 in view of the low dust concentrations 4 encountered, it is not likely that they were 5 worn for appreciable periods. 6 Does that square with your 7 recollection of the general respirator 8 practices during insulating at the Baton Rouge 9 Refinery? 10 MR. LEDYARD: I object to 11 the form of the question, lack of foundation. 12 THE WITNESS: Certainly 13 that they were available, we have testified to 14 that earlier. We have already stated that in 15 most insulating procedures the dust control 16 measures were effective enough that 17 respiratory protection was not needed, and it 18 is not likely that they were worn for 19 appreciable periods, that's in keeping with my 20 views on the subject. What do you mean by 21 appreciable? Well, a short period of time 22 when dust could not feasibly be properly or Page 182 EXX-MOR-004993 1 ideally controlled is when they would be used, 2 and then after the situation was remedied, so 3 the dusts were brought under control, they 4 would no longer be needed, I think the 5 sentence speaks for itself, I take no 6 exception to what is stated there. 7 BY MR. KRAUS: 8 Q Do you have any idea what prompted 9 Mr. Venable to report to you in May of 1964 on 10 the subject of insulators' exposure to 11 asbestos? 12 MR. LEDYARD: I object to 13 the form of the question, he already said he 14 doesn't even remember the document. 15 THE WITNESS: I am totally 16 puzzled by this memorandum. This is addressed 17 to me with no copies shown to anyone else, and 18 reading it, it would appear almost to be a 19 response to a request from me, as if I had 20 asked him to summarize our situation with 21 regard to asbestos. Why would I do that? I 22 didn't ask my people for memoranda. We met Page 183 EXX-MOR-004994 1 and we talked to each other face-to-face 2 across my desk, I met with Fred one or two 3 times a day, and I wondered if I can't recall 4 giving a lecture or going to a meeting where I 5 would have need of a piece of paper with 6 information like this, so, in summary, I'm 7 totally baffled, surprised by the nature of 8 this memorandum. 9 BY MR. KRAUS: 10 Q Well, let's see, this is about five 11 months before you traveled to New York for Dr. 12 Selikoff's conference, correct? 13 A I can assure you I didn't know five 14 months prior to the conference that I would be 15 going. I don't recall the month of the 16 conference right now. This is in May. 17 Q Do you recall the month of the 18 conference? Let me represent to you on Dr. 19 Eckhart's memorandum at least -- 20 A Yes. 21 Q -- is the 19th, 20th, and 21st of 22 October, but do you recall Dr. Selikoff's Page 184 EXX-MOR-004995 1 publication about the occurrence of asbestos 2 disease in the New York and the New Jersey 3 Insulator's Local that preceded that 4 conference? 5 A I was aware of a publication by -- 6 such a publication by Dr. Selikoff. I don't 7 have specific recollection of the details 8 within that paper. 9 Q It' s a publication in 1964 in which 10 he discusses the occurrence of cancer in 11 asbestosis in the 632 members of the New York 12 and the New Jersey Asbestos Worker's Locals, 13 and I don't have it with me, but I believe it 14 came out in early 1964. 15 Do you have any idea whether the 16 publication of that article might have 17 prompted Mr. Venable's report to you? 18 MR. LEDYARD: I object to 19 the form of the question, it calls for 20 speculation. 21 THE WITNESS: I'm not in a 22 position to answer, since I don't recall the Page 185 EXX-MOR-004996 1 papers as to what time it came out, and I 2 can't account for what prompted this 3 memorandum, I just can't answer. 4 BY MR. KRAUS: 5 Q Okay. Let me ask you a few more 6 general questions on asbestos related 7 disease. Do you agree that all commercially 8 used types of asbestos fibers cause disease? 9 A May cause disease, yes. 10 Q And do you agree that they all cause 11 all types of asbestos disease? 12 MR. LEDYARD: Do all types 13 of fibers cause all types of disease? 14 MR. KRAUS: Yes, I think 15 Mr. Ledyard just asked the question better 16 than I did. 17 THE WITNESS: Certain types 18 are more prone to cause a particular type of 19 disease or are more likely to do so, but I 20 would agree that potentially all of the types 21 of asbestos fibers may cause pleural plaques. 22 asbestosis and cancers. Page 186 EXX-MOR-004997 1 BY MR. KRAUS: 2 Q Do you believe today that there's 3 any safe level for asbestos exposure? 4 A Since I earlier stated that we in 5 this room are breathing asbestos fibers, I 6 would like to believe there's a safe level. 7 All epidemiology studies show a dose level 8 that has no effect, and so I subscribe to the 9 belief that there are safe levels of exposure 10 to asbestos. 11 BY MR. KRAUS: 12 Q Can you tell the jury today what you 13 believe is a safe level of exposure to 14 asbestos? 15 A I cannot. 16 Q Do you agree with me that if dust is 17 produced when cutting, sewing or manipulating 18 an asbestos product, that that dust would 19 exceed any applicable TLV for asbestos? 20 A It would depend on the circumstances 21 of cutting the dust and what provision was 22 made for dust suppression or respiratory Page 187 EXX-MOR-004998 1 protection. 2 Q I'm just talking about a reading of 3 the level of the dust without any protection 4 of the worker. Do you understand the 5 question? I'm asking you if you are cutting, 6 sewing or manipulating asbestos containing 7 products and they produce visible dust and you 8 measure that dust, is it above any applicable 9 TLV for asbestos? 10 A Not necessarily. The dust that you 11 visualize is not the dust of concern. The 12 dust we are concerned about are fibers that 13 are microscopic dimensions, and the visible 14 dust - 15 Q And the question of asbestos 16 content? 17 A -- and the question of asbestos 18 content in the dust are important so that the 19 composition of the material would be important 20 in any such determination. 21 Q And what percentage of asbestos did 22 the asbestos pipe covering in use at your Page 188 EXX-MOR-004999 1 Baton Rouge facility contain? 2 A It varied, an average would be 15 to 3 20 percent, in some of that range, I'm sure 4 there were some that were much higher and some 5 that were lower. I would like to add to the 6 previous response that the form of the 7 asbestos being cut is of critical importance 8 in some preformed materials, the asbestos 9 fibers are very tightly bound in the matrix. 10 so that cutting would release very few. 11 relatively few fibers, whereas in other forms 12 of material the sewing or cutting of asbestos 13 could release much larger volumes of fibers. 14 so that judgment must be applied to matters 15 such as this. 16 Q All right. With those 17 qualifications, would you at least agree with 18 me that most of these products were dusty when 19 cut with a saw or manipulated with a work 20 tool ? 21 A I would agree that dust would 22 emanate from such procedures. Page 189 EXX-MOR-005000 1 Q Do you agree with me that asbestos 2 is a toxic substance? 3 A Potentially hazardous substance. 4 Q And is that the same as toxic? 5 A Yes. 6 Q And with respect to the percentage 7 asbestos in your products used at the Baton 8 Rouge facility, I'm going to refer you to an 9 August 23rd, 1956 letter to Esso Standard Oil 10 Company regarding Unibestos insulation, and it 11 reflects that Unibestos pipe insulation 12 contains 63 to 70 percent amosite asbestos. 13 Are you aware that Unibestos was a 14 commonly used asbestos pipe covering at the 15 Baton Rouge plant? 16 MR. LEDYARD: Object to the 17 form of the question, lack of foundation. 18 THE WITNESS: I earlier 19 stated that I am not familiar and was not 20 familiar with the trade names or 21 manufacturer's specific type of asbestos pipe 22 insulation. Page 190 EXX-MOR-005001 1 I am particularly surprised to see 2 that this one contains amosite rather than 3 chrysotile, but it's good to have information 4 like this furnished, and to have this type of 5 information available is important. 6 BY MR. KRAUS: 7 Q And it's your testimony that you're 8 surprised that an amosite pipe covering was 9 commonly used at the Baton Rouge facility? 10 A I don't know how commonly that 11 specific agent was used. Amosite usually is 12 associated with a source in South Africa, 13 there were some amosite produced in some 14 locations in North America in very limited 15 quantities, I believe. 16 I don't pose to be an expert on 17 these matters, but I have reason to believe 18 that most of our insulation, in most of our 19 insulation chrysotile was the most likely form 20 of asbestos to be used. 21 MR. KRAUS: Okay. Let me 22 have the court reporter mark this as the next Page 191 EXX-MOR-005002 1 exhibit. 2 (The document referred to was marked Weaver Deposition 3 Exhibit No. 9 for identification and is attached 4 to the court copy of this deposition.) 5 6 BY MR. KRAUS: 7 Q I show you what the court reporter 8 has marked as Weaver exhibit 9, an insulation 9 study from the Esso Standard Oil Refinery, 10 mechanical-technical services department, and 11 on the last page it is dated September 14th, 12 1959. 13 You were the medical director of the 14 Baton Rouge Refinery at that time, weren't 15 you? 16 A I was. 17 Q Okay. And the recommendations on 18 page 4 there is that based upon this study, 19 the following recommendations are made, that 20 Unibestos and Thermobestos be used as our hot 21 pipe insulations. 22 Now, Unibestos is the Unarco amosite Page 192 EXX-MOR-005003 1 product we just discussed, isn't it? 2 A I'll accept that. I have to do 3 checking to make certain I accept that. 4 Q Okay. Well, look at the front page 5 of your insulation study, the exhibit 9 that 6 you have got in front of you. Up at the top, 7 Unibestos by the Union Asbestos and Rubber 8 Company, that's the amosite product we just 9 discussed, isn't it. Dr. Weaver? 10 A It could be, but a trade name like 11 Unibestos, they might use amosite for a given 12 period of time and some other time they might 13 be using crocidolite or chrysotile, and so it 14 doesn't necessarily follow that -- I don't 15 know about the time frames here, but 16 manufacturers did have access to different 17 fiber forms and used them at different times. 18 Q I'm going to represent to you that 19 the manufacturer of this product. First Union 20 Asbestos and Rubber Company, and then from 21 1962 to 1972 the Pittsburgh Corning 22 Corporation, has stated in their sworn answers Page 193 EXX-MOR-005004 1 that the product contained between 60 and 95 2 percent amosite asbestos throughout. 3 Now, sir, you don't have any reason 4 to dispute that Unibestos and Thermobestos was 5 the recommended pipe covering to be used at 6 the Esso facility in 1959, do you? 7 A No reason to dispute that. This 8 relates to an engineering specification, and 9 this is a -- this refers to a technical 10 requirement, and I'm not in a position to 11 judge those matters. 12 Q All right. Let's talk about whether 13 it was frequently used. 14 MR. KRAUS: Let me have the 15 court reporter mark this one as exhibit 10. 16 (The document referred to was marked Weaver Deposition 17 Exhibit No. 10 for identification and is attached 18 to the court copy of this deposition.) 19 20 BY MR. KRAUS: 21 Q Dr. Weaver, this exhibit I'm about 22 to show you, number 10, is a handwritten Page 194 EXX-MOR-005005 1 memorandum from a gentleman named R. 0. Laird, 2 dated 12/28/71. Do you know such a gentleman? 3 MR. LEDYARD: I object to 4 the form of the question, lack of foundation. 5 THE WITNESS: I don't place 6 the name. 7 BY MR. KRAUS: 8 Q Okay. Let me show it to you, and he 9 raises a number of problems in this 10 handwritten memorandum, and he states in 11 number 2 that we've been using Unibestos, the 12 worst from the dust angle. 13 You don't have any reason to dispute 14 that between 1959 and 1971 Unibestos was 15 extensively used at your facility, do you? 16 MR. LEDYARD: I object to 17 the form of the question, lack of foundation. 18 THE WITNESS: I have no 19 basis to accept or to reject the statement. 20 BY MR. KRAUS: 21 Q And you don't know who that 22 gentleman is; does looking at that handwriting Page 195 EXX-MOR-005006 1 refresh your recollection at all? 2 A No, I do not. 3 Q You were living in Houston in '71, 4 weren't you? 5 A Yes . 6 Q Did you go to the Baton Rouge 7 facility in 1971? 8 A Yes . 9 Q Do you recall on how many occasions 10 you would have been there in 1971? 11 A I generally made the refining 12 circuit at quarterly intervals every three 13 months. 14 Q Let me ask you about some of the 15 contractors out at Exxon. Do you recall a 16 contractor by the name of Anco? 17 A I met a gentleman from Anco this 18 morning here in the room. 19 Q Right. 20 A I had recalled the name vaguely, but 21 I could not state what the nature of their 22 work they were doing. I have heard of Anco. Page 196 EXX-MOR-005007 1 Q Okay. Did you ever meet a gentleman 2 named Sonny Anderson at Exxon? 3 A I don't know the name. 4 Q Do you have any specific 5 recollection of having any discussion with any 6 Anco employee about the hazards of asbestos? 7 A I have no such recollection. 8 Q Do you have any specific 9 recollection of directing anybody to discuss 10 the hazards of asbestos with any Anco 11 representative? 12 A I was not in a position to direct 13 anyone in the refinery to discuss hazards of 14 asbestos specifically with any contractor. 15 that was outside of my area of responsibility. 16 Q Okay. Now, you worked closely with 17 the industrial hygiene and the safety 18 departments in your role as the medical 19 director of the refinery, correct? 20 A The industrial hygienist was a 21 member of my department and I worked closely 22 with the members, some members of the safety Page 197 EXX-MOR-005008 1 department. 2 Q All right, sir. And in terms of 3 making safety recommendations about what 4 should be disclosed to contractors at Exxon, 5 did you have any input into that process? 6 A I don't know what is meant by what 7 should be disclosed to contractors. 8 Q Well, for example, Exxon's knowledge 9 about the hazards of working with asbestos 10 products. 11 A Oh. I'm not sure I can add to what 12 has been stated previously, that in setting up 13 jobs that contractors were to carry out, there 14 were meetings of refinery management which may 15 include safety advisers, which told them not 16 -- which advised them concerning manners 17 which dealt not only with the mechanical and 18 process features of the job, but also dealt 19 with safety and industrial hygienic measures 20 of the job. 21 Q But in terms of concrete 22 instructions about what you do or you don't Page 198 EXX-MOR-005009 1 tell contractors, did you have any input into 2 that ? 3 A I had no meetings with contractors 4 that I can remember, but your question is, did 5 I have input into that. As medical director. 6 I was most certainly interested in seeing that 7 the work was done safely, without posing 8 hazard to workers, whether they were Exxon 9 workers or whether they were contractor 10 workers. 11 Q I understand the general policy 12 interests, but I'm talking about implementing 13 the policy at this point, do you understand. 14 and specific recollections you may have about 15 how that policy was implemented for the 16 employees of your contractors on-site. 17 A I don't have specific recollections 18 of details at this time. 19 Q Do you have any specific 20 recollections of the names of any Exxon safety 21 supervisors who would have met with the 22 representatives of contractors concerning Page 199 EXX-MOR-005010 1 safety policies at Exxon in the '50s and the 2 '60s? 3 A I cannot recollect names, if I were 4 given a list of names, I might pick out some 5 from memory that I knew were safety advisers, 6 but I can't recall any at this time. 7 Q While we are seeing, talking about 8 names, do you know anyone else who worked for 9 Fred Venable while you were with Exxon in the 10 industrial hygiene department, can you give me 11 any other names? 12 A He had -- at times there were 13 visiting industrial hygienists who from other 14 locations in the Esso or Standard Oil Company 15 circuit that would come to Baton Rouge and 16 spend a matter of weeks or months with him, he 17 had assistants who were basically laboratory 18 trained technicians whom he trained in the - 19 to apply their knowledge to industrial hygiene 20 measurements and activities. 21 There were other types of visitors 22 who would see Fred in his offices and on Page 200 EXX-MOR-005011 1 occasion would be taken out in the plant. 2 There, getting back to contractors, some very 3 major contractors in major contracts brought 4 their own industrial hygienists into the 5 refinery, I can't remember any names 6 specifically, but I know that this was done, 7 at the time I was somewhat surprised that here 8 is a contractor bringing in an industrial 9 hygienist, a certified industrial hygiene 10 engineer, but I know that this was done, as a 11 courtesy matter, I usually met them or they 12 met with Fred. 13 Q And you can't recall the names of 14 any of the companies or the hygienists? 15 A Not today, sir. 16 Q Okay, fair enough. Can you give me 17 the names of other doctors who worked on staff 18 there under you? 19 A We've mentioned Dr. Kenneth Jones 20 earlier, I am quite confident he was there 21 during my tenure for a period of time, he was 22 there after I had departed. Of course. Dr. Page 201 EXX-MOR-005012 1 John Lioni was there with me for a period of 2 time. Dr. Tom Perret was one of the employees 3 in the medical department. Dr. Homer 4 Sweetman, Dr. Garnet St. Dizier, I have to 5 remember them all, I knew them so well, I 6 worked with them so closely, but with the 7 years passing by, sometimes it's hard to 8 recall these names up out of the dim distant 9 past. If I was shown a list of names, I would 10 spot them instantly. 11 Q Fair enough, I understand. 12 A It has been a long time, counselor. 13 Q Sure. How about the names of any of 14 the outside radiologists that you employed to 15 review X-rays, do you recall any of them? If 16 you do, great, if you don't, I understand. 17 A I can specify that we used the 18 radiologists at the Lady of the Lake General 19 Hospital when I first went there in 1951, 20 there are two major general hospitals in the 21 City of Baton Rouge, and there was a time 22 period when they used the radiology department Page 202 EXX-MOR-005013 1 at the Baton Rouge General Hospital, and there 2 was a time when we used independent 3 radiologists, so that it wasn't a fixed 4 contract, we purposely made it varied. All 5 were certified specialists in radiology. I -- 6 today I can't remember names. 7 Q Okay. In any event, you all didn't 8 follow for asbestos disease any employees of 9 contractors, is that correct? 10 A That is correct, when you say 11 follow, that implies medical surveillance or 12 examination, then, and there was no 13 opportunity to provide such services for a 14 contractor, indeed, continuity, long periods 15 of time. 16 Q That includes employees of long-term 17 contractors who are on site for lengthy 18 periods of time, correct? 19 A That would be correct, I wasn't 20 aware of such employees, but I don't question 21 that they existed, but I wasn't aware of it. 22 Q All right, sir. I want you to Page 203 EXX-MOR-005014 1 assume that one of my clients, Mr. Green, 2 worked out at Exxon and testified to working 3 as a laborer sweeping up extensively after 4 insulators had insulated portions of the 5 construction, and I'd like you to further 6 assume that he testified that that produced 7 significant dust and that he didn't wear any 8 respiratory protection. In your opinion, sir, 9 is that a potentially significant asbestos 10 exposure? 11 MR. LEDYARD: I'm going to 12 object to the question. First of all. Dr. 13 Weaver, although he's eminently -- an 14 eminently qualified expert, you have noticed 15 today a corporate deposition of a corporate 16 representative, and not as an expert witness, 17 and I would object to any hypotheticals 18 directed to a corporate witness under this 19 notice and would instruct the witness not to 20 answer any such hypotheticals. 21 MR. KRAUS: Well, David, 22 you know that that notice is not a limitation Page 204 EXX-MOR-005015 1 on the examination, it's a requirement that 2 you produce someone who can testify on those 3 areas. It doesn't limit my inquiry to those 4 areas. you know that. 5 MR. LEDYARD: Well, this 6 notice does nothing to designate him as an 7 expert witness, and I'm going to instruct him 8 not to answer those kinds of hypotheticals. 9 BY MR. KRAUS: 10 Q Are you going to refuse to answer 11 the question? 12 A I don't recall the question. 13 MR. LEDYARD: Well, Doctor, 14 I'm instructing you not to answer the 15 question. 16 THE WITNESS: I hear you 17 indeed. and in a previous situation when I had 18 that instruction from my attorney, I needed 19 the instructions of the attorney. 20 BY MR. KRAUS: 21 Q With respect to my client, Mr. Teddy 22 Font, I want you to assume that he testified Page 205 EXX-MOR-005016 1 about coming on to Exxon as an employee of a 2 painting contractor named Bagwell-Niel. Have 3 you ever heard or do you recall such a 4 contractor at the Baton Rouge facility? 5 A I don't recall such a contractor. 6 Q I would like you to assume that he 7 testified about painting pipe racks at the 8 Baton Rouge facility, and he testified that 9 the racks contained approximately 200 pipes. 10 40 of which were insulated, and that he 11 climbed on, crawled about, and was in close 12 proximity to those insulated pipes. 13 Let me ask you, sir, in your 14 opinion, would those insulated pipes in the 15 1960s have been insulated with asbestos 16 insulation? 17 MR. LEDYARD: I'm going to 18 object to -- can you read back the last part 19 of your question? I think you changed the 20 question on me at the end. I may have missed 21 the last sentence. 22 MR. ALBANEZE: Off the Page 206 EXX-MOR-005017 1 record at 3:37. End of Tape 2. 2 (Thereupon, the question was read 3 back by the reporter.) 4 (Discussion off the record.) 5 MR. ALBANEZE: Back on the 6 record at 3:38. 7 MR. LEDYARD: I would lodge 8 the same objections as I did previously. In 9 addition. I would object that the question 10 calls for speculation on the part of this 11 witness, and I would instruct him not to 12 answer the question. 13 BY MR. KRAUS: 14 Q And are you accepting your counsel's 15 instruction? 16 A With instruction not to answer, I 17 choose not to answer, sir. 18 Q And if you assume those insulated 19 pipes were insulated with asbestos, in your 20 opinion. sir, would that be a significant 21 exposure or a potentially significant exposure 22 to asbestos? Page 207 EXX-MOR-005018 1 MR. LEDYARD: Again, I 2 would lodge the same objections and instruct 3 the witness not to answer. 4 BY MR. KRAUS: 5 Q Are you accepting your counsel's 6 instruction? 7 A I do choose respectfully not to 8 answer. 9 Q By the way, in 1974, do you know who 10 Dr. Ken Jones would be reporting to? 11 A In what date, year? 12 Q 1974, at the time of the Venable 13 memorandum I asked you about, October of '74. 14 A No. 15 Q Who were you reporting to when you 16 were in that position? 17 A I was reporting to a vice president 18 at the refinery, and the reporting management 19 arrangement would change from time to time. 20 during my tenure I perhaps reported to 21 different vice presidents just below the 22 manager level at different times. Page 208 EXX-MOR-005019 1 Q At the time you left Exxon in '72, 2 was Ken Jones the medical director of the 3 Baton Rouge facility? 4 A I don't know specifically. I am not 5 quite certain when Dr. Lioni was there and 6 when he left and I'm not quite certain of 7 those dates, when Mr. -- Dr. Jones arrived on 8 the scene as medical director. 9 Q Earlier I asked you about whether 10 you ever saw cases of fibrosis on the X-rays 11 of workers at the Baton Rouge facility when 12 you were there, and I think you indicated that 13 you did see some cases of fibrosis, is that 14 correct? 15 A I'm not speaking of specific cases 16 that ring a bell in my memory, but with the 17 volume of X-rays and the large number of 18 employees we had, understandably, I would 19 believe that I saw cases of fibrosis. 20 Q Okay. Now, if you saw such a case 21 of fibrosis, what steps would you take to -- 22 well, let me ask you this: Would you take any Page 209 EXX-MOR-005020 1 steps to either correlate that fibrosis with 2 asbestos exposure or some other agent or to 3 exclude asbestos or some other agent as the 4 cause of that fibrosis? 5 A When you speak of pulmonary 6 fibrosis, there are, as you are well aware, a 7 number of causes of this, it's imperative to 8 arrive at a diagnosis, and, as an internist, I 9 would take steps deemed necessary and 10 desirable to arrive at a diagnosis, a specific 11 diagnosis, and that would include 12 consideration of pneumoconiosis. 13 Q Okay. And how would you go about 14 considering it, what would you do when you 15 were reading through a stack of X-rays and you 16 saw one that said, hum, this is unusual, this 17 could be pneumoconiosis, what would the next 18 step be? 19 A Well, it depends on the nature of 20 the X-ray picture, we are starting with X-ray, 21 and if it's a focal lesion, that would not be 22 associated with a pneumoconiosis. If the Page 210 EXX-MOR-005021 1 patient had advanced emphysema, fibrosis may 2 occur with significant emphysema of the lungs, 3 that would not be likely to be related to a 4 pneumoconiosis. Of course, the job history of 5 the individual, both at the refinery and what 6 information we had before the individual came 7 to the refinery would be part of the work-up. 8 A detailed history, a detailed 9 examination, auscultation of the lungs, 10 sometimes the old-time clinicians described a 11 type of high-pitched rowel towards the lower 12 -- heard over the lungs at the lower base of 13 the lungs or at the lower axilla area as 14 suggestive of asbestosis, I simply mention 15 this to indicate that a careful examination of 16 the lungs would be important. 17 You have to consider systemic 18 diseases. Inflammatory process could be 19 misleading, so you have blood counts, blood 20 tests. In summary, you must do as detailed 21 and specific and as general a diagnostic 22 examination as the individual situation calls Page 211 EXX-MOR-005022 1 for. 2 Q Okay, and that was my question. You 3 would call the individual in and examine him. 4 is that what you do, do further work-up on 5 him? 6 A Yes, of course, yes, and oftentimes 7 additional X-rays would be needed. X-rays are 8 sometimes blurred because the individual moves 9 or he didn't take a deep breath. Most of 10 our -- the most common cure of an abnormal 11 X-ray was simply to take another X-ray, oddly 12 enough, but we had the advantage of sequential 13 X-rays from the day the guy came to work and 14 taken at periodic intervals, so that provides 15 very valuable information at arriving at the 16 nature of the clinical condition, so all of 17 these factors must be considered. 18 Q And you actually had notations on 19 the employee files of these workers about 20 whether they were in positions to have 21 substantial asbestos exposure, correct? 22 A Absolutely, the medical file was Page 212 EXX-MOR-005023 1 marked specifically with respect to potential 2 hazards in the workplace, and asbestos was one 3 of those items that was listed, and there were 4 criteria with respect to frequency or duration 5 of potential exposure that were utilized, but 6 we had. I feel, very reliable indication on 7 the medical record of those individuals who 8 were potentially exposed significantly to 9 asbestos in the workplace. 10 Q Did you actually personally examine 11 individuals with -- in the high asbestos 12 exposure trades at the Exxon refinery? 13 A I did. 14 Q When you examined them, did you 15 discuss with them their occupational history? 16 A Yes . 17 Q Okay. And did you discuss with them 18 asbestos ? 19 A Yes . 20 Q Did you advise them that asbestos 21 was a dangerous substance? 22 A I would assume they already knew Page 213 EXX-MOR-005024 1 that, if they didn't, I would so advise them. 2 and that goes along with the discussion to 3 avoid breathing the fiber dust. 4 Q After the Selikoff conference, did 5 you advise workers you examined that asbestos 6 could cause cancer? 7 A Not necessarily. You will recall 8 that I made the association with 9 mesothelioma. Mesothelioma is an extremely 10 rare tumor, and so that in 1964 I probably was 11 not disposed to routinely discuss cancer 12 causation with insulators or asbestos exposed 13 workers. 14 Q Do you recall the statistic coming 15 out of the 1964 conference that as many as 1 16 in 10 insulators in that cohort were dying of 17 this disease? 18 A Dying of what disease? 19 Q Mesothelioma. 20 A In what cohort? 21 Q The insulators in Dr. Selikoff's 22 study. Page 214 EXX-MOR-005025 1 A I don't remember that specific 2 statistic at this time. 3 Q So I take it, then, you wouldn't 4 remember advising any insulators you examined 5 of that statistic? 6 A I had reason to believe that the -7 his study group had more severe exposures than 8 we had in the refinery, and he was reporting 9 asbestosis as well, so that I did not 10 regularly discuss mesothelioma with employees 11 in the mid-1960s. 12 Q Are you being paid for your 13 testimony here today? 14 A I expect to be. 15 Q Okay. What are your rates? 16 A With Exxon I expect to be paid 17 $2,000 a day working with attorneys and $1600 18 a day in preparatory review. 19 Q And would you consider yourself 20 loyal to the Exxon Corporation? 21 A I'd hope so. However, I'm loyal to 22 the profession of medicine. Page 215 EXX-MOR-005026 oLO V1 1 Q Part of your job as a consultant is 2 to help Exxon defend dust disease claims. 3 correct? 4 A I view that my job is to describe 5 situations and happenings as they existed. 6 MR. KRAUS: Can we take a 7 quick break? 8 MR. LEDYARD: Sure. 9 MR. ALBANEZE: Off the 10 record at 3:50. 11 (Thereupon, a recess was taken.) 12 MR. ALBANEZE: Back on the record at 13 14 BY MR. KRAUS: 15 Q Dr. Weaver, I'd like the court 16 reporter to mark this as exhibit 11, I guess. 17 (The document referred to was marked Weaver Deposition 18 Exhibit No. 11 for identification and is attached 19 to the court copy of this deposition.) 20 21 BY MR. KRAUS: 22 Q Dr. Weaver, when you got to Exxon in Page 216 EXX-MOR-005027 1 1951, was Mr. Bonsib still involved with the 2 company? 3 A I don't know. He was with the 4 parent company in New York, and I have no 5 reason to know whether he was or was not still 6 involved. 7 Q You never had any dealings with him 8 yourself ? 9 A I did not. 10 Q Okay. How about a hygienist by the 11 name of C . M. Berry, Ph.D? 12 A Dr. Clyde Berry I knew. 13 Q Okay. And you knew M. Hammond, is 14 that correct? 15 A Yes . 16 Q How about N. V. Hendricks, did you 17 know Mr. Hendricks ? 18 A Yes, I knew Van Hendricks, he was 19 with the parent company. 20 Q Okay. Did you have access to what 21 the court reporter has marked as your exhibit 22 11, a report on the summary of the plant Page 217 EXX-MOR-005028 1 industrial hygiene problems, dated April 12, 2 1949? 3 A I do not recall ever having seen 4 this publication. 5 Q Okay. 6 MR. LEDYARD: Is there some 7 title, just so we can identify it for the 8 record? 9 MR. KRAUS: This, for the 10 record, is entitled Report on Summary of the 11 Plant Industrial Hygiene Problems, by Berry, 12 Hammond, Bonsib and Hendricks, April 12, 1949, 13 Medical Department, Research Section, Standard 14 Oil Company of New Jersey. 15 MR. LEDYARD: Thank you. 16 BY MR. KRAUS: 17 Q Mr. Berry writes that, "I should 18 like to discuss the industrial hygiene 19 problems in the Esso Company on the basis of 20 broad groupings and to types of exposure." 21 Esso, at the time you arrived, was a 22 subsidiary of the Standard Oil Company, Page 218 EXX-MOR-005029 1 correct? 2 A Correct. 3 Q All right. And is that unusual at 4 all to you that Mr. Berry would be evaluating 5 industrial hygiene problems in Esso or was 6 that consistent with your understanding of the 7 relationship? 8 A Absolutely consistent, because he 9 was an Esso employee. 10 Q Now, in the appendix to this report 11 he talks about a summary of industrial hygiene 12 survey at Baytown. Now, when you arrived. 13 Exxon was operating a large facility in 14 Baytown, Texas as well as the Baton Rouge 15 facility. correct? 16 A No. 17 Q Where is the Baytown facility he 18 refers to here? 19 A It's in Baytown, Texas, and it was 20 part of the Humble Company at that time. 21 Q Okay. 22 A It was separate from Esso Standard. Page 219 EXX-MOR-005030 1 Q I got you. So it was another 2 subsidiary of Standard at that point in time. 3 correct? 4 A Yes. 5 Q So if I understand the corporate 6 relationship, at least at that time. Humble 7 and Esso were sister companies? 8 A Could be so viewed, yes. 9 Q Okay. Among the problems noted in 10 this report at the Baytown facility was the 11 material or condition silica in asbestos and 12 the potential disease silicosis, fibrosis. 13 erthema and cancer of lungs. Do you see the 14 highlighted portion there. Dr. Weaver? 15 A Who wrote this? You told me and I 16 have forgotten which one. 17 Q Why don't you turn to the front and 18 see if you can figure it out. On the title 19 page it is Mr. Berry. 20 A Well, I see the highlighted area. 21 Q Okay. And apparently the author of 22 that report felt that among the complications Page 220 EXX-MOR-005031 1 of asbestos and silica was cancer of lungs; is 2 that the way you read that? 3 MR. LEDYARD: I object to 4 the form of the question. 5 THE WITNESS: It is under a 6 heading Potential Disease, there's either a 7 misnomer or a typo with respect to fiberosis. 8 I don't know what fiberosis is, and erthem is 9 a typo or nonsequitur or nonfitting word here. 10 and cancer of the lung speaks for itself, I 11 don't know the context in which this was 12 written, what cancer of the lung they are 13 talking about. 14 BY MR. KRAUS: 15 Q Okay. But it does say that cancer 16 of the lung is a potential disease from those 17 irritants, asbestos and/or silica, correct? 18 A This was 1949? 19 Q That's the date on the report. Dr. 20 Weaver. 21 A I can't understand such a 22 classification, and I can look at this with Page 221 EXX-MOR-005032 1 disbelief. 2 Q If those gentlemen knew cancer of 3 the lung to be a complication of asbestos 4 exposure in 1949, apparently they didn't make 5 you aware of it when you got there in 1951, is 6 that correct? 7 A That's true, and none of these 8 authors are physicians or medical scientists. 9 they are all industrial hygienists. 10 Q And you believe they are eminently 11 qualified in their field, don't you? 12 A In their field they are. 13 Q And one of the things industrial 14 hygienists do is to evaluate potential disease 15 causing substances to see if they are a danger 16 in the workplace, correct? 17 A That's part of their duties, yes. 18 Q And to evaluate the potential 19 dangers of a substance, they need to know the 20 consequences of exposure to that substance. 21 wouldn't you agree? 22 A It would be indeed helpful if they Page 222 EXX-MOR-005033 1 knew that 2 Q And, apparently, according to that 3 document, one of the consequences of asbestos 4 and/or silica exposure was cancer of the lung. 5 according to them, in 1949, correct? 6 A According to them, that's what is 7 shown here; it is not correct. 8 Q It is not correct that cancer of the 9 lung was a consequence of asbestos exposure? 10 A That it was recognized as a 11 consequence of asbestos exposure in 1949. 12 Q And, you know, I mentioned at the 13 beginning of this deposition, I asked you if 14 you had read or were familiar with the 1949 15 editorial of the Journal of the American 16 Medical Association linking asbestos and 17 cancer of the lung, and you indicated you 18 weren't familiar with that, is that right? 19 A That is true. 20 Q Okay. So if there was literature 21 out there establishing the causation between 22 asbestos and cancer in the lung, you just Page 223 EXX-MOR-005034 1 simply weren't aware of it, correct? 2 MR. LEDYARD: I object to 3 the form of the question, the term establish. 4 THE WITNESS: This does not 5 establish that cancer of the lung was 6 recognized as a consequence of asbestos 7 exposure, nor does an editorial in the Journal 8 of the American Medical Association, nor does 9 one epidemiology study, no matter how eminent 10 the author, does not establish a causal 11 relationship for asbestos and exposure and 12 cancer of the lung. 13 BY MR. KRAUS: 14 Q What department or crafts are 15 affected by asbestos and/or silica exposure 16 and the potential diseases, according to the 17 authors of this report; do you list the trades 18 that they felt were at risk for these 19 diseases? 20 A They list brick masons and helpers. 21 insulators, laborers and pipe benders. 22 Q Do you agree with the authors that Page 224 EXX-MOR-005035 1 those crafts were at risk for asbestos 2 disease? 3 A They were potentially exposed to 4 asbestos 5 Q When you put the notations on 6 worker ' s files at the Baton Rouge facility 7 about potential asbestos exposure, did it 8 include these trades? 9 A It might include members of all of 10 these trades, yes. 11 Q Let me ask you about some names on a 12 routing slip. Did Howard Hanson stay at the 13 Baton Rouge facility until 1956? 14 A Yes. 15 Q And is that when you replaced him? 16 A That is correct. 17 Q Do you recall the reason why he 18 left? 19 A He went into a private practice at 20 that time. 21 Q Is he deceased now? 22 A I don't know. Page 225 EXX-MOR-005036 1 Q How old was he -- well, was he older 2 than you? 3 A Yes, he was definitely older than 4 me, so if he is still living, he's quite old. 5 since I'm old. 6 Q Okay. Let me ask you, I have a 7 routing slip for the medical division, and it 8 contains Dr. Hanson's name and it contains 9 your name , so that would indicate that this 10 was sometime between 1951 and 1956, correct? 11 A I think so. 12 Q Okay. Maybe this will help a little 13 bit with some of these people. Who is E. R. 14 Hawkins? 15 A A physician, a member of the medical 16 department, Ed Hawkins. 17 Q Okay. Did he continue to work in 18 the medical department under you when you 19 assumed head of the medical department? 20 A No, he had departed prior to 1956. 21 Q How about M. 0. Holt? 22 A Dr. Holt was a full-time employee of Page 226 EXX-MOR-005037 1 the medical department. 2 Q Did he continue to work up there 3 under you 4 A To the best of my knowledge, he 5 continued for perhaps a year or so and then 6 resigned to enter private practice in a town 7 50 miles from Baton Rouge. 8 Q Were Hawkins and Holt older than you 9 or younger than you or approximately your age? 10 A Hawkins was my age. Holt was 11 somewhat younger. 12 Q Do you know if either of these 13 gentlemen are still living? 14 A I do not know. 15 Q N. K. Weaver is you, correct? 16 A Right. 17 Q We've talked about Fred Venable. 18 How about W. T. Barillier? B-A-R-I-L-L-I-E-R, 19 I guess. 20 A He was an administrative assistant 21 to the medical director. 22 Q Did he continue to work as Page 227 EXX-MOR-005038 1 administrative assistant to you when you 2 assumed the job? 3 A Yes, he did. 4 Q How long did he continue working for 5 you? 6 A Until he retired at age 65, I guess. 7 and that was a few or several years after I 8 was medical director. 9 Q So he would be over 100 now. Jane 10 Martin? 11 A She was an R. N. 12 Q Did she continue working under you? 13 A She was close to retirement age. I 14 believe she retired before 1956. I'm not 15 certain of that. 16 Q So she's probably still not around. 17 then? 18 A She was older than me. 19 Q All right. How about W. A. Blackman 20 or Blackburn? 21 A A laboratory technician in the 22 medical department. Page 228 EXX-MOR-005039 1 Q What would a lab tech, do in the 2 medical department? 3 A He was qualified to do blood counts, 4 vena punctures, urinalyses, microscopic 5 examination of the urine, and Blackburn was 6 also qualified to take chest X-rays. 7 Q How about August Koenig? 8 A He was, what, the first aid man 9 classification and also an administrator for 10 the clinic part of the medical department 11 operation. 12 Q Okay. That's the routing slip for 13 the medical division in the 1950s? 14 A A segment of it, yes. 15 Q It was bigger than this? 16 A Well, there are 30, 35 employees in 17 the medical department. 18 Q You'll be happy to know. Dr. Weaver, 19 that I don't have any further questions. 20 MR. LEDYARD: We will 21 reserve our questions. We would also object 22 to the attachment of any documents to the Page 229 EXX-MOR-005040 1 deposition that have not been properly 2 authenticated. 3 MR. ALBANEZE: Off the 4 record and end of deposition at 4:21. 5 6 (Whereupon, signature not having been waived. 7 the taking of the deposition concluded at 4:21 8 p. m. ) 9 10 11 12 ~k ~k ~k 13 14 15 16 ACKNOWLEDGEMENT OF DEPONENT 17 18 I, Neill K. Weaver, M. D. do hereby 19 acknowledge I have read and examined the 20 foregoing pages of testimony, and the same is 21 a true, correct and complete transcription of 22 the testimony given by me, and any changes Page 230 EXX-MOR-005041 EXX-MOR-005042 1 CERTIFICATE OF NOTARY PUBLIC 2 3 I, Nancy Siegel, a notary public before 4 whom the foregoing witness whose testimony 5 appears in the foregoing deposition was duly 6 sworn by me; that the testimony of said 7 witness was taken by me in stenotypy and 8 thereafter reduced to typewriting under my 9 direction; that said deposition is a true 10 record of the testimony given by said witness; 11 that I am neither counsel for, related to, nor 12 employed by the parties to the action in which 13 this deposition was taken; and, further, that 14 I am not a relative or employee of any 15 attorney or counsel employed by the parties 16 hereto, nor financially or otherwise 17 interested in the outcome of the action. 18 19 20 Notary Public in and for the State of Virginia at Large 21 My commission expires: 22 February 28, 2002 Page 232 EXX-MOR-005043 1 FRIEDLI, WOLFF & PASTORE 1900 L STREET, NORTHWEST 2 SUITE 303 WASHINGTON, D. C. 20036 3 4 ERRATA SHEET 5 Case Name: Frank Frances Cashio v. 6 Owens-Corning, et al. Witness Name: Neill K. Weaver, M. D. 7 Deposition Date: April 3, 1998 Job No.: 8 Page No. Line No. Change 9 10 11 12 13 14 15 16 17 18 19 20 21 Signature Date 22 Page 233 EXX-MOR-005044 1 FRIEDLI, WOLFF & PASTORE, INC. 1900 L Street, N.W., Suite 303 2 Washington, D.C. 20006 3 PHONES: 331-1981 331-1982 4 Neill K. Weaver, M. D. C/O David W. Ledyard, Esq. 5 Strong, Pipkin, Nelson, Bissell & Ledyard, L.L.P. 6 1400 San Jacinto Building 595 Orleans Street 7 Beaumont, Texas 77701-3255 8 Re: Cashio -vs- Owens-Corning Deposition: Neill K. Weaver, M. D. 9 Taken: April 3, 1998 10 Dear Witness: 11 The above-captioned original of your deposition transcript is being sent to 12 Peter A. Kraus, Esq. A copy of your deposition transcript is also being sent to 13 David W. Ledyard, Esq. for your review. 14 Enclosed is the original signature page for your convenience in executing the deposition 15 transcript. Please return it with your errata sheet, also signed, to Peter A. Kraus, 16 Esq. Also send a copy of your errata sheet to David W. Ledyard, Esq. and Robert D. Ford, 17 Esq. Attached is a copy of the procedures for preparing an errata sheet. 18 Sincerely yours. 19 20 Nancy Siegel, RMR 21 Notary/Reporter 22 Page 236 EXX-MOR-005045 Page A_________ abide 146:13 147:17 abnormal 212:10 abnormalities 134:21 136:2,3,5,13 abnormality 134:5,6,7 141:5,6 ' above-captioned 236:11 abscess 125:3 absence 133:9 absolute 68:14 Absolutely 212:22 219:8 absorbents 105:18 Academy 60:1 accept 42:11 193:2,3 195:19 acceptable 115:22 accepted 43:4,13 52'3 52:6 accepting 207:14 208:5 access 193:16 217:20 accident 163:7 account 98:15 186:2 accumulated 34:21 accumulating 64:17 accurately 156:2,7 ACGIA 69:17,20 70:3 achieved 118:4 120:4 120:18 170:19 acknowledge 230:19 ACKNOWLEDGE... 230:16 acquainted 61:10,20 61:21 acquired 128:12 act 109:13 action 109:21 232:12 232:17 active 35:3 95:2 activities 20:1 89:21 200:20 actual 119:18 137:10 163:5 add 16:8 189:5 198:11 added 165:4 addition 13:9 146:3 207:9 additional 34:2 44:19 123:20 135:6 153:2 212:7 additions 143:20 addressed 134:8 172:15 175:17 180:8 183:16 administrative 227 20 228:1 administrator 229:9 admit 160:5 admittedly 181:11 admitting 134:19 advance 137:10 advanced 211:1 advantage 212:12 adverse 68:10 advice 160:10 advisable 79:14 advise 88:8 213:20 214:1,5 advised 81:18 180:3 198:16 adviser 166:5 169:7,14 169:15 advisers 169:19 170:9 198:15 200:5 advising 215:4 Africa 43:2 57:22 191:12 afternoon 50:14 age 76:5 128:14 227:9 227:10 228:6,13 agent 191:11 210:2,3 agents 15:10 ago 41:14 45:14 49:19 64:21,21 67:16 126:12 agree 37:8,22 41:2,7,8 41:10 60:17 62:15 65:14 74:1 85:15,21 93:6 99:11 103:1 116:10 120:13,16 124:3 126:22 131:2 131:16 133:1 134:4 140:17,21 141:7,20 142:17 143:4 146:2 147:22 148:5 149:2,8 149:11,15 153:9 155:4,8,12 160:20 161:8 164:12 181:1 186:7,10,20 187:16 189:17,21 190:1 222:21 224:22 agreed 93:12 142:10 agreement 87:16 ahead 17:9 24:22 aid 91:7 229:8 air 84:19 115:4,5 116:2 118:5,13 119:3 120:4 120:14,19 144:15 151:13 153:21 159:21 162:22 airborne 158:20 159:19 160:15 al 1:6,9 3:5 7:14,15 233:6 Albaneze4:12 7:7,17 8:7 25:22 26:7,10 92:5,8 112:20 113:1 166:20 167:6 206:22 207:5 216:9,12 230:3 allergist 40:8 allowable 116:1 Allowance 68:12 ambient 118:5 120:5 ambiguous 135:4 America 191:14 American 19:13,15,18 21:15 34:10 38:22 39:4,10,18,22 61:13 69:19,21 74:20 154:15 223:15 224:8 amosite 190:12 191:2,8 191:11,13 192:22 193:8,11 194:2 amount 118:6 120:5 131:10 amounts 109:1 165:6 analysis 151:13 Anco 3:17 8:4 196:16 196:17,22 197:6,10 Anderson 197:2 and/or 72:21 221:17 223:4 224:15 231:1 angle 195:12 answer 17:1,9 24:22 44:9,16,18,19 67:7 67:13 80:19 83:22 87:14 116:22 118:1,2 118:12 119:10 130:7 130:10 138:6 149:13 175:10 185:22 186:3 204:20 205:8,10,14 207:12,16,17 208:3,8 answered 57:11 66:22 67:2 130:9 175:8 answers 5:17 116:19 117:14,16 121:3 135:21 193:22 anybody 90:22 148:8 197:9 anyway 62:21 API 19:19,20 35:13 62:13 179:17 apparently 51:11 99:21 100:4 114:15 164:3 220:21 222:4 223:2 appear 28:15 59:5 111:11 112:5 152:15 183:18 231:1 APPEARANCES 3:1 appearing 23:11 appears 30:21 54:1 98:1 110:5 112:8 113:9 174:14 232:5 appendix 219:10 applicable 160:4 187:19 188:8 application 168:14 applications 181:10 applied 83:10 189:14 apply 21:2 200:19 applying 86:15 appointed 77:9 appreciable 182:5,19 182:21 appreciate 158:6 appreciated 43:11 appropriate 84:21 88:9 165:21 appropriately 83:19 approved 90:20 approving 92:20 approximately 54:18 62:5 206:9 227:9 April 1:16 2:4 7:8 27:8 218:1,12 233:7 236:9 area 22:4 83:14,16 94:13 125:22 137:17 145:22 148:8 178:19 197:15 211:13 220:20 areas 23:22,22 24:1,5,6 94:15 95:6 118:7 178:18 205:3,4 arm 134:7,9,10,14 arrangement 208:19 arrival 73:6 75:15 arrive 210:8,10 arrived 36:4 38:15 73:18 75:9 93:21 99:13 209:7 218:21 219:12 arriving 212:15 Arthur 52:15 53:13 62:2,4,16 63:12 article 26:19,22 28:5 28:10 53:10,15,16,20 54:12 56:6 185:16 asbestos 5:10,21 9:22 10:3,6 11:21 12:17 14:11 15:9,14,18,20 16:4,8,13,16,20 17:21 18:9,16 22:11 22:12,14,15 28:20,20 29:8,16,20 30:3,5 33:9,10,14,17 36:5 40:18 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187:3,5,10,14 187:18,19 188:6,9,15 188:17,21,22 189:7,8 189:12 190:1,7,12,14 190:21 191:20 193:7 193:20 194:2 197:6 197:10,14 198:9 203:8 204:9 206:15 207:19,22 210:2,3 212:21 213:2,9,11,18 213:20 214:5,12 220:11 221:1,17 222:3 223:3,9,11,16 223:22 224:6,11,15 225:1,4,7 asbestosis 36:10 37:9 37:14,18 38:2,18,21 41:5,17 43:20 44:11 123:7,9,12 124:2,4 132:12,19 134:17 135:19 136:6,11 149:5,12,18 185:11 186:22 211:14 215:9 asbestos-related 40:10 ascertain 126:10 EXX-MOR-005046 aside 30:6 asked 17:11 23:21 57:1167:2 75:6,11 106:14 111:20 143:7 175:8 183:20 186:15 208:13 209:9 223:13 asking 16:1 51:1 54:4,7 108:22 109:17 111:12 132:4 188:5 asks 167:14 aspects 18:3 assert 17:5 assigned 153:4 assistant 227:20 228:1 assistants 200:17 associate 158:5 associated 20:1 21:4 34:12 43:20 44:10 51:21 52:18 53:2 61:14 191:12 210:22 associates 42:15 associating 38:18,21 40:17 association 19:20 38:1 38:9 39:1,4,10,18 40:1 43:12,13 52:4,6 61:13 74:21 214:8 223:16 224:8 assume 9:11 98:17 99:2 204:1,6 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54:5,11,14,22 56:12 65:20 73:12,17 75:8 75:12 129:7 137:5 178:2,5,21 185:5 190:13 203:20,21 210:6 222:5 224:1 axilla 211:13 a.m2:5 B B 53:11 back 16:14 17:16,18 18:20 25:14 26:1 31:22 36:2 39:15 51:10 55:10,12 57:14 57:17 73:22 85:14 92:8 113:1 116:6 130:3,5 132:4 135:11 153:1 160:22 167:6 171:11,13 175:18 177:4 201:2 206:18 207:3,5 216:12 baffled 184:7 bagged 109:1 165:9 bags 104:22 105:4,5,7 105:8,15,16,20 108:17 109:3,4,9,10 109:18 114:22 165:10 Bagwell-Niel 206:2 Barillier 227:18 Baron 3:3 barricade 137:18 148:1 barricaded 145:22 barricades 137:17 145:21 147:20 barriers 79:1 base 211:12 based 13:21 192:18 baseline 95:11 basically 12:14 33:14 138:3 140:14 200:17 basis 11:1 195:19 218:19 Baton 6:7 27:8 31:7 36:4 47:15,20 48:10 48:12 62:4,12 65:18 66:7 71:12 72:2 73:14 74:15 75:9,16 75:21,22 76:2,12 80:9 93:16,22 94:7 99:18 100:16 120:7 120:14 121:18 125:22 126:3 130:12 133:6 134:18 135:20 136:14 150:9,10 162:4,17 163:18 165:13 167:19 168:22 176:12 177:7 182:8 189:1 190:7,15 191:9 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cancer 38:2,18,21 40:17 41:5,17,21 42:5,6,7,9 43:14,19 44:10 45:1,2,8 59:7 185:10 214:6,11 220:13 221:1,10,12 221:15 222:2 223:4,8 223:17,22 224:5,12 cancers 186:22 canned 156:15 capacity 105:15,17 capitalized 104:11 captured 156:17 car 113:11,12 114:21 115:3 124:19 cardiac 76:15 cardiacs 77:3 cardiologist 40:8 76:1 76:9,17 cardiology 61:12 care 91:8 143:15 career 21:14 22:5 40:12 careful 211:15 carefully 90:19 128:17 Carey 180:16 CareyTemp 180:16 carload 106:5,15 107:5 EXX-MOR-005047 Page 3 107:5,8 carloads 106:20 carried 82:12 89:22 96:14 137:9 156:16 162:16 178:3 carry 88:1 198:13 carrying 146:7 case 10:3 15:11 18:14 27:4,6,8 37:1 38:4,5 38:17 42:21 53:1,17 70:1491:1 99:13 107:13 112:8 117:14 117:16,18 118:2 134:2 140:7 145:15 156:11,12 181:5 209:20 233:5 cases 10:15 11:2,17,21 12:17 43:2,19 44:10 45:5,7 53:1 59:7,10 63:13,17 76:10,15 123:8 134:17 135:7 135:19 136:11 179:13 180:4 209:10 209:13,15,19 Cashio 1:6 3:4 7:14 117:16 233:5 236:8 catalytically 177:12 categories 136:8 categorize 130:17 causal 41:4,20 42:10,18 43:5 44:2 224:10 causality 58:6 causation 214:12 223:21 cause 67:20 124:19 125:5,10,12,16 126:1 127:1 130:13 131:6 131:18 132:1 186:8,9 186:10,13,18,21 210:4 214:6 caused 36:9 42:9 124:17 125:15 136:3 causes 125:1,2,8,19 210:7 causing 222:15 CC 154:19 155:7 157:9 ceiling 158:21 159:5,6 159:8,17 160:3 cement 105:1,14,16 114:22 165:6 180:12 Center 75:22 76:8 centimeter 153:20 159:21 certain 28:16 35:2,6,8 35:19 38:5 48:13 79:4 83:9 124:18 129:5 134:20 136:1 145:10 177:11 181:10,12 186:17 193:3 209:5,6 228:15 certainly 24:11 32:6 44:3 45:8 58:2 64:19 65:20 66:5,12 73:21 77:16 91:18 99:1 123:13 141:4 152:18 162:1 163:17 182:12 199:6 certificate 122:5 232:1 certified 22:7 122:1,8 122:13 160:10 201:9 203:5 chance 113:5 change 108:9 112:19 140:12 141:8 142:8 208:19 233:8 changed 108:16 206:19 changes 123:15 137:12 137:14,21 139:15 141:12,19,22 142:3 230:22 chapter 29:8 chapters 29:15 characterization 152:21 characterize 57:10 charge 63:9 chat 50:15 check 95:18 135:6 checking 95:6 193:3 chemical 28:11 29:18 35:5 chest 99:22 124:5,19 126:6,11 127:18,21 134:5 136:13 140:4 142:22 149:3 229:6 choose 207:17 208:7 Chronic 26:14 chrysotile 191:3,19 193:13 circuit 196:12 200:15 circumstance 120:11 circumstances 75:20 144:19 187:20 citation 120:10 cite 177:13 cited 115:16 146:21 citing 143:19 city 1:15 2:13,15 7:9 42:13 45:16 63:3 71:21 202:21 claims 216:2 clarification 158:6 classic 124:4,8 143:1 classification 149:11 221:22 229:9 clean 46:17 clear 32:17 136:18 clearer 9:5 client 14:16 205:21 clients 12:20 204:1 climbed 206:11 clinic 229:10 clinical 29:4 59:9 76:18 127:14 128:2 132:11 134:8 212:16 clinically 63:16 clinicians 211:10 close 49:12 50:10 110:20 115:3 206:11 228:13 closed 168:15 closely 197:16,21 202:6 clothes 176:16 178:3 clothing 143:14 176:1 176:4,5,14 177:6,10 177:15,21 Clyde 217:12 coauthor 28:6 53:8 61:7,16 coauthors 26:16 cognizant67:18,19 cohort 214:16,20 cohorts 131:21 colleague 49:13 50:11 53:1 collected 35:1 151:12 155:14 158:15 collection 34:13,16,18 45:5 column 155:6 158:12 159:16 come 51:14 72:16 76:9 86:8,11 91:5 146:1 152:3 200:15 comes 36:21 121:1 148:17 coming 27:17 57:21,22 71:3 75:13 87:5 95:13 206:1 214:14 comma 101:1 comment 169:9 175:22 comments 167:15 commercially 90:14 186:7 commission 232:21 Committees 61:13 common 45:2 126:22 127:21 130:13 132:1 151:22 212:10 commonly 129:8 190:14 191:9,10 communication 148:10 community 41:20 43:2 44:4 63:11 companies 21:3 73:4 201:14 220:7 company 6:7 13:6 14:18 16:5 21:12,12 48:18 49:2,3,4 51:15 71:16 78:5 80:22 88:5 151:3 179:14 180:15,16 190:10 193:8,20 200:14 217:2,4,19 218:14,19 218:22 219:20 compare 173:9 compared 129:2 Comparing 174:12 compatible 42:20 complete 31:14 33:20 117:3 230:21 completely 60:7,16 compliance 178:16 complicated 163:2 165:2 complication 222:3 complications 220:22 complied 137:3 147:14 comply 146:17 176:11 comport 53:22 105:22 116:5 153:22 comports 54:7 116:7 composition 188:19 comprehend 119:11 conceivably 125:16 concentration 24:1 76:21 113:19 116:1 116:11 158:20 159:6 159:7,18 160:3 concentrations 114:15 158:21 159:19 160:15 182:3 concept 68:15 75:8,12 75:15 77:15 concern 66:5 175:22 188:11 concerned 15:17 66:11 66:13 76:6 188:12 concerning 15:4,14 16:13 71:9 80:18 93:1 138:18 168:7 175:21 176:4 198:16 199:22 concerns 177:9 conclude 129:17 concluded 230:7 concludes 118:3 conclusion 52:5 113:15 conclusive 44:2 45:10 conclusively 41:4 concrete 198:21 condition 42:22 212:16 220:11 conducted 97:11 152:8 conference 5:9 45:15 45:19,22 46:2 47:3,6 48:8,11 49:22 50:2,4 50:20 51:22 52:12,19 54:19 55:2,19 56:9 56:12,18 58:19 59:6 59:13,16,19,21 60:3 60:7,9,11 61:1 63:22 64:20 65:3 66:15,20 67:12 68:3 69:19,22 70:16,22 71:3 132:7 178:8 184:12,14,16 184:18 185:4 214:4 214:15 conferring 46:7 confident 51:5 201:20 confounded 125:6 confounding 149:22 confuse 150:1 confused 125:6 confusing 87:13 connected 63:8 connection 41:4,16,21 42:1 48:20 51:9 consequence 223:9,11 224:6 consequences 68:10 222:20 223:3 consider 17:7 22:9 35:20 80:3 211:17 215:19 consideration 176:10 210:12 considered 212:17 considering 210:14 consistent 101:19 123:12,15 142:4 149:3,17 219:6,8 construction 82:6 92:13 204:5 construe 45:10 consult 76:9 consultant 18:21 19:4 216:1 consultation 12:11,20 14:14,17,21 16:2,6 consultative 12:7 74:4 consulting 13:12,17 19:10 35:14 76:1,17 122:1 127:9 contact 86:2,3,9,11 88:6 contacted 27:16 contain 189:1 contained 194:1 206:9 containers 108:10,19 containing 65:1178:11 86:12 100:15 102:20 103:18 180:9,21 181:4 188:6 contains 28:19 29:6 190:12 191:2 226:8,8 contaminated 176:15 contamination 176:1 content 51:4 137:5 188:16,18 Contents 29:14 context 61:11 118:20 121:8 221:11 continue 58:13,15 105:9 106:11 226:17 EXX-MOR-005048 227:2,22 228:4,12 continued 77:6 95:17 103:5 106:10 118:6,8 227:5 continuity 203:14 contract 80:11,22 81:8 86:16 87:16,18 90:8 203:4 contracted 83:4 84:7 86:1 88:4 contractor 80:20 81:10 82:20 84:11 86:20 88:1,8 90:9,10 93:8 152:10 196:16 197:14 199:9 201:8 203:14 206:2,4,5 contractors 80:8,12,17 81:7,14 82:4,15 84:4 84:17 85:2,17 87:17 87:19,20 88:15,21 89:6,16 91:4 92:12 92:22 152:3,8 196:15 198:4,7,13 199:1,3 199:16,22 201:2,3 203:9,17 contractor's 85:3,6 165:1 176:9 contracts 89:15,17,19 90:2,12 92:21 201:3 contradicts 118:11 contribute 163:6 contributing 58:8 control 83:8,9,13 87:17 90:15 128:13 165:19 182:15 183:3 controlled 183:1 controlling 49:4 77:19 controls 128:13 convenience 236:14 conventional 133:15 coordinator 48:5 72:15 copies 183:17 copy 7:5 11:5 25:16 32:4 46:14,17 59:15 60:20 97:18 121:14 138:13 139:5 145:4 146:22 167:4 173:15 192:4 194:18 216:19 236:12,16,17 cork 101:17 102:3,5,14 Corning 180:14 193:21 corporate 13:10,14 21:17 23:12 35:21 47:16 48:4,6,12 49:6 71:20 72:13 204:15 204:15,18 220:5 Corporation 1:9 4:3 7:15 8:2 20:13,17,19 20:2121:10,16 23:12 23:16 24:5 47:11 121:2,5 193:22 215:20 corporations 13:1,3,12 Corporation's 5:16 116:18 correct 15:6,7,15 16:6 16:7,16 18:17,18 20:10,11,13,1421:18 22:1,6 23:9,10 25:15 25:17 28:17 30:7,8 30:17,22 31:1,4 36:7 36:8,10,15 37:3,6,12 37:13,17,20 40:13,19 41:6,12,18 43:15,16 43:21 45:16,17,20,22 53:13,18 57:5 61:9 61:19 62:13,17 64:4 65:5,8,13,16,21 66:3 66:4,9,15,20 67:9,13 68:11,19 69:2 70:13 72:6 73:7,15 78:2,3,7 78:12,17 79:2,6,7,16 79:20 80:5 82:7,21 82:22 83:4 84:11 85:7,19 88:11 93:11 94:4,8 99:17 100:9 101:21 103:3 104:5 105:20 108:7 109:5 116:3,15 119:5 120:15 121:21 122:6 123:3,4,7 124:11 126:8 130:22 131:1,6 131:11 134:5,12,21 136:14 138:4 139:2 139:10,21 140:18 143:16 144:16 145:13 146:11 147:4 147:15 148:18,22 152:6 153:11 157:10 160:18,19 162:5 166:9 169:18,21 171:2,3,7 174:15 178:9 184:12 197:19 203:9,10,18,19 209:14 212:21 216:3 217:14 219:1,2,15 220:3 221:17 222:6 222:16 223:5,7,8 224:1 225:16 226:10 227:15 230:21 corrected 39:20 corrections 231:1 correctly 138:2 correlate 210:1 correlated 157:4 correspondence 98:2 110:1,4 111:4 114:8 172:2 Council 74:14 counsel 8:14,17 66:21 160:22 232:11,15 counselor 86:6 202:12 counsel's 207:14 208:5 count 96:4,7 97:7,8,9 counting 11:13 country 63:19 counts 94:16,20 95:1,7 95:18,21 96:13,16 97:3,5,11 211:19 229:3 couple 10:14 62:20 176:20 course 15:7 59:2 62:14 82:15 91:4 92:22 115:7 122:7 201:22 211:4 212:6 court 1:1 7:5,12 8:7 17:16 22:20 32:4 46:7,14 47:1 50:20 97:18,21 121:14 138:8,13 150:4 152:19 167:4 173:11 173:15,21 191:22 192:4,7 194:15,18 216:15,19 217:21 courtesy 201:11 covered 138:3 161:5 covering 181:2 188:22 190:14 191:8 194:5 cracked 177:12 crafts 224:14 225:1 crawled 206:11 created 78:1 134:11 criteria 140:11 142:7 148:21 213:4 critical 189:7 crocidolite 193:13 crossed 93:4 Crystal 1:15 2:13,15 7:9 cubic 69:1,16,17,18 113:15,18,21 114:21 115:14,15 116:2,10 153:20 159:21 cure 37:15 212:10 currents 115:5 Curriculum 5:6 cut 144:16 165:7 189:7 189:19 cutoff 181:14 cuts 165:10 cutting 144:21 187:17 187:21 188:5 189:10 189:12 C/O 236:4 I) D 1:14 2:9 3:22 5:7 8:12 53:12,12 230:18 231:5 233:2,6 236:4 236:8,16 Dakin 150:15 Dallas 3:8 danger 222:15 dangerous 36:6 68:19 77:19 213:21 dangers 222:19 date 27:10 29:6 54:1 56:2 109:22 116:14 122:15 129:3 135:4 146:20 151:2 154:9 172:3,21 178:14 208:11 221:19 231:5 233:7,21 dated 96:7,9 110:14,19 110:22 111:3 114:9 116:16 137:10 146:19 147:4 151:2 192:11 195:2 218:1 dates 154:22 209:7 David 4:8 8:1 14:8 31:10 204:21 236:4 236:13,16 Davis 2:14 day 68:9 94:2 153:5 157:16,16,18 184:3 212:13 215:17,18 days 11:11 56:18 dealing 18:3 130:18 dealings 49:5 217:7 dealt 14:5,9,10 18:9 198:17,18 Dear 236:10 deceased 49:18 225:21 decided 115:12 128:1 deemed 210:9 deeming 169:20 deep 212:9 defend 216:2 defendant 4:3 5:16 116:18 121:2 defendants 1:10 3:17 25:18 defer 160:9 deficiencies 178:15,20 178:21 179:5 define 156:7 defined 80:22 123:9 124:1 160:3 definitely 128:7 226:3 definition 142:2 definitive 45:9,10 degrees 181:7 demolition 168:15 170:12 Dennis 4:12 7:17 departed 50:15 201:22 226:20 department 47:17 74:17 75:2 90:17 91:5 96:5 97:1,3 110:7 139:14 150:8,9 192:10 197:21 198:1 200:10 202:3,22 Page 4 218:13 224:14 226:16,18,19 227:1 228:22 229:2,10,17 departments 197:18 depend 187:20 dependent 36:18 depends 153:6 210:19 DEPONENT 230:16 deposed 8:20 9:14,21 deposition 1:14 2:8 5:1 5:4 7:3,5,10 10:16 11:6,8,10,14 17:6 22:19 23:6,19 25:18 26:17 28:1,2 30:20 39:17 46:12,14 97:16 97:18 111:4,6,8 121:12,14 138:11,13 167:2,4 171:13 173:12,13,15 192:2,4 194:16,18 204:15 216:17,19 223:13 230:1,4,7 232:5,9,13 233:7 236:8,11,12,14 depositions 9:15 10:6,8 10:11 derived 12:15 describe 14:20 19:18 128:3,17 216:4 described 37:19 64:18 91:13 109:5 128:22 211:10 describes 53:16 description 179:5 deserve 175:22 designate 205:6 designated 150:22 designee 23:12 desirable 146:4 210:10 desk 74:18 93:4 184:2 detail 34:160:16 78:10 146:3 detailed 66:1 89:18 147:11 211:8,8,20 details 64:11,20 67:15 89:17 143:17 154:13 185:7 199:18 detect 119:14,17 detergent 162:18 determination 158:19 188:20 determinations 95:11 determine 95:9 97:12 determined 133:11 159:22 determining 95:3,5 deterrent 164:3 detract 140:7 developed 16:14,15 18:16 developing 76:19 77:3 development 15:13,17 EXX-MOR-005049 16:2 79:15 126:15 172:9 device 84:22 155:22 devices 84:16 165:21 166:3 170:16 diagnose 149:5 diagnoses 44:11 diagnosis 132:12 136:5 210:8,10,11 diagnostic 26:20 211:21 dictate 133:18 dictated 75:5 80:14 94:21 95:9 differences 131:14 different 45:2 130:20 130:21 131:9 137:18 149:8 152:2 172:1 181:7 193:16,17 208:21,22 difficult 126:10 161:2 165:19 digests 71:10 72:4 74:13 dim 202:8 dimensions 115:6 188:13 direct 139:8 197:12 directed 204:18 directing 114:12 197:9 direction 232:9 directly 33:16 director 19:11,11 47:19 65:4 66:7 72:1 72:14 74:19 77:9 79:19 98:13 163:18 192:13 197:19 199:5 209:2,8 227:21 228:8 disabled 30:16 77:5 disagree 38:12 41:15 41:19 disbelief 222:1 disclosed 198:4,7 discovered 43:1 discuss 71:7 81:13 132:11 161:18 162:12 163:8 165:11 197:9,13 213:15,17 214:11 215:10 218:18 discussed 15:9 71:1 142:11 161:20 165:17 169:4 178:7 193:1,9 discusses 164:17 185:10 discussing 92:12 108:4 163:13 164:15 167:10 discussion 52:10 59:4 59:10,11 60:19,22 197:5 207:4 214:2 discussions 59:2 76:7 81:22 disease 22:11,13,14,15 26:14 36:9,13,15,21 37:3,6,18 42:13 57:5 63:13,18 64:3,6 65:21 66:3,8,19 67:10,11 70:19 71:9 76:7,11 121:21 131:6 131:9 185:2 186:7,8 186:9,11,13,19 203:8 214:17,18 216:2 220:12 221:6,16 222:14 225:2 diseases 28:21 33:10 40:10 67:20 79:16 211:18 224:16,19 dismantling 168:16 disorder 136:7 disorders 136:8 dispensary 90:22 91:1 display 33:11 91:1 disposed 214:11 dispute 174:4 175:3,14 194:4,7 195:13 distant 202:8 distinguished 125:14 125:17 distributed 89:8 92:21 distributing 93:5 distribution 89:1,4 149:4,17 District 1:1 7:11 division 1:3 7:16 48:6 72:10,15 74:8 226:7 229:13 Dizier 202:4 Docket 7:15 doctor 22:1 59:3 150:13 205:13 doctors 135:22 201:17 document 7:3 24:19 25:3,4 26:13 27:19 28:2 29:19 30:14 31:7 34:4 53:6 58:22 90:9 96:8 97:16 99:3 101:12 103:6,20 106:14 108:21 111:16,19 115:17 117:11 121:1,12 132:9 138:11 139:6 150:5 151:1,5,11 153:18 154:4,5,6,9 154:11 156:21 158:10 160:18,22 161:8 167:2 168:7 173:3,13,19 174:1,3 174:5 183:14 192:2 194:16 216:17 223:3 documents 24:16 25:7 25:12 31:21 33:1 46:12 98:1 175:4,8 175:13 229:22 doing 12:11 14:20 15:3 70:4 76:17 146:16 153:11 162:8 196:22 Doll 41:10,14 43:18 44:6,9 Doll's 40:17 Dooley 31:3 door 113:11 115:4 dose 187:7 double 113:11 downwind 83:10 Dr 4:19 6:3 8:2,19 15:22 17:4 22:21 26:19 27:2,7 37:16 40:16 41:10,14,22 42:9,14 43:1,18 44:9 44:15 49:11,21 50:13 50:18 52:15,22 53:7 55:1 56:8,10,14,21 57:4,8 58:17,18 59:1 59:12 60:19,21 61:7 61:10,14,18,21 63:6 63:21 64:1,15 72:8 72:13,14,16,17,18 92:11 93:6 98:14,17 99:21 100:21 101:16 105:10 111:8 118:14 120:8 121:19 130:19 131:3 132:6 133:2 135:20 142:21 150:7 150:11,17 151:2,4,11 151:15 156:4,22 159:7 163:19 167:9 168:22 172:18 176:21 178:8 184:11 184:18,22 185:6 193:9 194:21 201:19 201:22 202:2,3,4 204:12 208:10 209:5 209:7 214:21 216:15 216:22 217:12 220:14 221:19 226:8 226:22 229:18 drafting 92:20 driven 63:3 driving 86:6 duces 24:15 31:13 33:3 due 124:2 125:6,18 126:17 137:22 142:12 143:6 duly 232:5 duration 126:17 159:10 160:9 213:4 dust 27:20 78:18,19,22 79:14 80:18 82:9 83:6 84:16 94:16,17 95:1,4,13,18,21 96:4 96:7,13 97:3,5,7,11 105:13 108:5 110:8 113:19 114:14 116:1 116:12 118:5,9,13,15 118:18,22 119:3,10 120:4,10,13,14,18 139:17 144:15,20,21 161:3,19 162:8,19 165:6,12,19 170:17 176:1 182:3,15,22 187:16,18,21,22 188:3,7,8,10,11,12 188:14,18 189:21 195:12 204:7 214:3 216:2 dustiness 165:4 dusts 77:19 78:6 141:14 149:22 183:3 dusty 189:18 duties 81:15 82:1 222:17 dying 214:16,18 D.C 236:2 E E 4:16 49:15 160:1 226:13 earlier 13:19 47:7 51:17 52:20 93:12 115:12 116:7 133:5 145:18 146:13 147:18 149:6 160:6 169:5 182:14 187:4 190:18 201:20 209:9 early 22:5 29:7 38:3 122:12 149:12,18 181:3 185:14 Eastern 125:10 Eckardt 49:10,11,15 49:21 50:13 59:1,12 72:8 133:2 178:9 Eckardt's 132:6 Eckhardt's 142:10 Eckhart's 50:19 58:18 184:19 Ed 226:16 edition 29:13 editorial 38:20 40:4,11 223:15 224:7 educate 80:10,16 education 79:22 93:13 effect 64:17 187:8 effective 37:15 145:5 148:10 162:19 178:14 182:16 effects 5:10 37:9 45:19 47:4 effort 15:21 18:1 156:7 eight 68:9 Eisinstadt 52:15,22 53:12 56:9,10 57:4 58:7 60:19 61:18,22 Page 5 63:6,21 64:1,15 Eisinstadt's 56:14 57:8 60:21 61:7 either 84:19 86:19 92:19,21 150:7 175:4 210:1 221:6 227:12 elaboration 44:20 elevations 163:4 elucidate 123:21 emanate 161:15 189:22 emanated 165:19 Emery 117:18 118:2 eminent 224:9 eminently 204:13,14 222:10 emphasize 45:3 emphasized 64:12 emphysema 211:1,2 employ 176:21 employed 21:16 59:8 123:2 165:10 202:14 232:12,15 employee 47:10 93:7,7 99:14 131:19,22 159:18 197:6 206:1 212:19 219:9 226:22 232:14 employees 76:4 77:6 80:11 82:20 83:1 84:4,11 85:2 86:20 86:20 87:10 106:7,17 121:20 127:13 136:1 139:15 140:3,8 158:16 160:14 168:17 176:7,7,9 178:4,17 179:14 199:16 202:2 203:8 203:16,20 209:18 215:10 229:16 employer 143:16 employment 12:7 Enclosed 236:14 enclosing 78:21 encountered 182:4 Encyclopedia 29:11 30:10 endeavored 33:11,20 ends 58:20 engaged 12:4 engaging 145:12 engineer 201:10 engineering 181:12,18 194:8 ensuring 137:3 enter 227:6 entirety 50:13 56:13 60:3 entitled 27:20 30:15,20 44:16 47:3 53:10 218:10 environmental 12:9 EXX-MOR-005050 29:4 epidemiologic 33:15 34:14 Epidemiological 28:11 epidemiologist 41:11 epidemiology 42:16,17 42:19 44:1,5 187:7 224:9 equal 128:12,22 equipment 82:14,17 168:18,22 169:6 equivalent 157:16 Erionite 125:11,22 126:1 errata 231:2 233:4 236:15,16,17 erthem 221:8 erthema 220:13 escape 108:13 especially 178:16 Esq 3:10,11,22 4:8 236:4,12,13,16,16,17 essentially 18:18 Esso 6:6 20:16,18 21:12 30:21 38:16 47:20 51:15 71:16 72:2173:6 114:9 190:9 192:9 194:6 200:14 218:19,21 219:5,9,22 220:7 establish 42:1,17 44:6 224:3,5,10 established 41:4,16,19 42:5,8 74:6 103:7 122:14 123:9 124:2 establishing 223:21 estimate 156:7 et 1:6,9 3:5 7:14,15 233:6 Eugene 5:14 98:3 99:14 Europe 147:8 evaluate 222:14,18 evaluating 219:4 event 39:13 79:13 123:1 155:3 156:17 157:8 203:7 evidence 43:4 45:6 128:5 132:19 evolutionary 177:8 evolved 15:1 exact 109:4 exactly 152:19 examination 4:19 8:13 8:17 203:12 205:1 211:9,15,22 229:5 examinations 11:17 76:18 examine 212:3 213:10 examined 8:15 213:14 214:5 215:4 230:19 examining 58:22 76:14 103:20 111:16,19 117:11 132:9 139:6 173:3 example 15:19 21:7 29:10,17 35:5 68:21 70:11 90:21 124:18 177:14 198:8 examples 28:21 30:1 32:21 35:8 91:20 exceed 155:8 187:19 exceeded 159:9 exception 183:6 exceptional 166:14 excess 159:20 160:6 exclude 126:1,7 210:3 exclusively 101:17 102:5,14 excuse 14:4 170:11 executing 236:14 exercise 145:2 exercised 144:18 exhaust 144:13,22 145:6 exhibit 7:4 22:20 25:18 28:1 31:5 32:3,11 33:4 46:6,13,18,20 47:2 50:21 58:18 97:17,22 100:21 111:5,6,8 114:2 121:11,13 132:5 138:9,12 150:5,20 151:1 167:3 171:14 173:12,14 174:12 192:1,3,8 193:5 194:15,17,21 216:16 216:18 217:21 EXHIBITS 5:1 exist 88:18 96:11,16 143:11 existed 96:11 179:6 203:21 216:5 existing 176:4 exists 35:9 expanded 77:4 expect 86:19 215:14,16 expected 80:11 81:8,14 82:16 experience 98:19 99:9 expert 27:3,6 101:9 160:10 191:16 204:14,16 205:7 expires 232:21 explain 44:16 75:18 76:2 127:4 160:2 explained 127:10 135:2 explanation 44:20 140:20 exposed 68:8 83:3 84:6 124:9,13 126:19,20 126:20,21 128:7,20 129:2,9 130:14,16 131:15 143:14 156:3 159:18 160:14 177:11 178:4 213:8 214:12 225:3 exposure 36:14,19,21 45:20 51:22 56:19 58:6 66:9 68:2,7 70:12 71:4 78:20 79:9 82:6 86:5 87:9 100:22 112:12 113:6 123:16 127:2 129:17 130:14,18,21 131:18 132:2 139:16 141:9 141:13,20 142:4,5,9 142:13,14,18 143:3,5 143:9,11 149:21,22 172:17 176:8 183:10 187:3,9,13 204:10 207:21,21 210:2 212:21 213:5,12 218:20 222:4,20 223:4,9,11 224:7,11 224:15 225:7 exposures 5:21 86:14 86:21 90:16 95:19 105:13 110:8 125:12 129:11,13 132:20,21 144:8 150:20 177:17 215:7 extensive 33:5,19 34:7 60:2 extensively 195:15 204:3 extra 147:3 extremely 45:1 146:15 214:9 Exxon 4:3 5:16 8:2 10:19 20:12,17,19,21 21:9,12,16 23:12,16 23:20 24:5 27:17 35:12,17 36:1,3,4 38:15 39:5 40:13,14 47:11,13,20,21 62:1 62:11,12 66:1 80:4,7 80:10,11,16,17 81:3 82:4,7,19 83:4 84:2,4 84:10 85:1,17 86:1,2 86:9,9,17,20 87:15 87:18 88:4,7,8,8,14 89:7,16 90:9,10 92:12,14,22 93:8,8 96:3,22 99:17 100:15 100:21 101:12,21 102:21 104:5 105:2 106:2,9 107:9 109:8 116:18 117:13 118:2 118:4 120:1,3,18 121:2,4,20 123:2,2 126:3 134:18 135:20 136:19,22 137:2,3 138:21 139:1 145:11 145:18 147:6 153:15 162:3 176:13,21 178:22 179:14,22 196:15 197:2 198:4 199:8,20 200:1,9 204:2 206:1 209:1 213:12 215:16,20 216:2,22 219:13 Exxon's 23:8 77:18 87:10 176:12 198:8 eyes 44:3,4 F F 53:12 61:15 face 28:16 32:21 53:5 54:2,16 faced 158:18 face-to-face 184:1 facilities 62:1 164:6 181:13 facility 73:14 80:9 88:22 93:16 94:8 99:17 102:21 126:3 130:12 133:7 134:18 135:20 162:5 167:19 168:22 176:13 189:1 190:8 191:9 194:6 195:15 196:7 206:4,8 209:3,11 219:13,15 219:17 220:10 225:6 225:13 fact 15:8 43:18 45:3 57:10 80:12 83:15 89:14 108:21 113:10 115:19 127:2 128:22 135:5 140:5,12 155:22 178:7 179:20 179:21 factors 212:17 fail 149:8 failing 176:6 failure 138:18 178:17 178:18 fair 9:12 16:10 19:5 22:15 51:19 68:17 77:13,16 135:21 138:7 151:6 153:8 175:16 201:16 202:11 fairer 136:9 familiar 11:4 77:15,18 95:12 101:22 102:16 102:18 107:4 143:17 154:13 177:18 180:11,20 181:17 190:19,20 223:14,18 families 176:7 family 178:4 far 62:4,7 73:22 129:14 129:14 155:8 160:6 Page 6 fast 153:3 fatal 37:6 feasible 33:8,21 79:3 80:10 feasibly 182:22 features 198:18 February 232:22 federal 81:4 146:14,17 feel 17:19 44:17,19,20 122:9 158:1 175:22 213:6 feeling 70:16 feet 65:11,15 164:7 fell 26:4 fellow 83:10 felt 95:20 127:7 146:4 146:9 169:8 220:22 224:18 fiber 95:5,7,9 151:13 161:14 193:17 214:3 Fiberglas 1:9 7:15 fiberosis 221:7,8 fibers 69:18 97:9 108:13 118:18 125:9 128:8 153:19 154:19 155:6 156:18,19,20 157:9 158:22 159:20 159:20 160:6,16 186:8,13,21 187:5 188:12 189:9,11,13 fibrosis 123:11,14 124:5 136:7 149:5 150:1 209:10,13,19 209:21 210:1,4,6 211:1 220:12 fibrotic 140:6,22 field 222:11,12 figure 220:18 file 33:7 35:11 97:1,4 172:3 212:22 files 33:6,15,20 34:8 35:10,16,22 59:19 96:3,5 122:15 129:4 212:19 225:6 film 124:1 149:2,10 films 123:19 127:12,16 128:4,8,9 133:13 139:22 140:1,13 148:22 filter 84:16 158:18 filters 158:17 165:20 financially 232:16 find 103:10 132:5 143:22 finding 124:4,9,12 127:21,21 128:5 133:21 143:1 findings 70:21 fine 41:11 56:1,1 68:18 69:13,14,15 78:13 104:15 180:6 EXX-MOR-005051 finished 129:20 173:5 firm 8:8 firmly 64:13 firms 13:18 14:1 first 5:17 31:11 38:1,5 38:9 49:14 51:12 54:5,12 55:6 73:9 76:13,14 83:21 91:7 93:19 110:5 111:9 116:18 121:3 135:13 139:12 150:15 154:11 159:15 167:1 173:10 175:22 193:19 202:19 204:12 229:8 first-line 166:5 169:8 169:12,18 fit 15:19 fits 159:12 five 9:20 184:10,13 fixed 203:3 floats 105:17 floor 115:7 119:13,16 focal 15:2,20 125:3 210:21 focus 15:16 16:20 18:1 18:8 40:12 76:21 87:4,5,8 94:14,15 focusing 40:9 follow 74:2 193:14 203:8,11 following 192:19 follows 8:16 105:6 121:4 Font 205:22 foot 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172:21 184:2 200:9 200:22 201:12 227:17 free 44:20 91:2 122:10 158:1 frequency 213:4 frequent 127:21 frequently 95:15 162:16 194:13 Friday 1:16 Friedli 8:8 233:1 236:1 friend 49:12 50:10 front 23:19 25:3,4 132:6 147:1,2 193:4 193:6 220:17 FSV 167:15,15 fully 115:2 full-time 12:6 18:21 19:4 226:22 furnished 191:4 further 149:7,19 152:14 163:2 176:19 204:5 212:4 229:19 232:13 G Galleria 3:18 Garnet 202:4 Gary 11:3 Page 7 gasoline 153:10 general 14:15 54:10 141:16 182:7 186:6 199:11 202:18,20 203:1 211:21 generally 9:1 71:8 89:2 102:19,22 131:15 177:6 196:11 generated 165:6 Geneva 29:13 gentleman 12:2 49:9 78:1 195:1,2,22 196:17 197:1 gentlemen 222:2 227:13 getting 39:3 137:20 201:2 give 18:14 31:21 44:20 83:13 105:13 146:20 158:6 160:22 200:10 201:16 given 11:21 90:10 109:2 118:1 193:11 200:4 230:22 232:10 giving 119:15 184:4 glad 98:4 go 16:13 17:8 18:19 24:22 25:14 33:8 39:15 62:13 74:16 110:4 138:17 159:15 196:6 210:13 goal 79:18 goes 26:11 178:11 214:2 going 22:18 32:5,9 36:2 55:1 75:20 92:4 106:11,12,20 116:17 131:13 132:4 143:12 150:3 151:9 167:11 168:6 171:6,11,13 173:11 175:18 184:4 184:15 190:8 193:18 204:11 205:7,10 206:17 good 8:19 30:20 124:16 191:3 Gosh 69:6 governmental 20:1 69:21,22 gradual 77:1 gradually 76:15 granted 179:15 Gray 5:14 98:3 99:14 100:3 grease 105:18 great 78:10 202:16 greater 129:14 153:19 155:7,13 160:15 greatest 132:12 greatly 43:18 Green 204:1 greet 50:15 Gregory 120:1 ground 163:22 164:2,8 grounds 171:5 group 63:10 128:14,14 128:20 129:2,3 215:7 groupings 218:20 groups 76:5 guess 9:17 16:1 27:13 38:16 119:19 170:6 216:16 227:19 228:6 Guide 29:18 guideline 68:14 guidelines 70:6 77:19 77:22 78:5 88:14 89:6,8 92:20 136:19 136:21 137:2,4,6 178:13,16 gunshot 124:19 guy 212:13 H H 13:19 53:11 98:12 Hailey 3:15 Haines 3:11 8:5,5 26:4 101:13 143:21 half 92:4 159:3 Hall 3:15 Hammond 217:13 218:12 hand 25:14 97:21 173:10 handed 88:21 90:13 110:20 117:15 handle 90:5 handled 102:1,4,9 107:2,2 handles 101:17 102:13 handling 78:6,11 91:14 93:2 178:13 handouts 91:2,13,21 handwriting 98:5,6,8 99:5 101:6,8 112:14 195:22 handwritten 5:13 6:9 100:20 101:5 110:3 110:19 111:12 112:6 112:11,13 113:5 114:16 167:12 194:22 195:10 Hans 138:21 Hanson 98:12,14 99:21 100:22 101:16 225:12 Hanson's 98:18 226:8 happen 107:19 happened 96:18 happenings 216:5 happy 229:18 hard 84:15,15 164:6 202:7 harmful 81:20 hat 48:12,12 hats 84:15,15 Hawkins 226:14,16 227:8,10 hazard 80:1 108:5 109:5 178:3 199:8 hazardous 16:9 17:22 18:4 29:3 81:6 82:5 86:4,14,21 190:3 hazards 29:18 80:18 81:13,18 93:1,10,11 197:6,10,13 198:9 213:2 head 13:8 226:19 heading 221:6 headquarters 71:20 healing 134:11 health 29:4,11 30:10,21 71:22 hear 205:16 heard 23:4 50:14 196:22 206:3 211:12 hearing 63:20 hearings 137:8 heart 61:13 76:6,11 height 137:16 heightens 45:8 held 2:9 122:5 help 115:13 122:18 160:2,2 216:2 226:12 helpers 224:20 helpful 222:22 hemorrhage 125:4 Hendricks 217:16,17 217:18 218:12 hereto 232:16 Hershel 11:7 high 65:12 162:21,22 163:3,22 164:1,9 177:12 181:2,6,7,10 181:13 213:11 higher 189:4 highlighted 117:2,8 220:14,20 highlights 117:3 highly 58:5 Highway 2:14 high-pitched 211:11 hired 16:13 17:20 74:4 historical 15:17 history 17:21 21:3 149:20,22 211:4,8 213:15 Hobson 11:7,18 holder 158:18 holding 21:11 49:4 Holt 226:21,22 227:8 227:10 home 178:3 Homer 202:3 EXX-MOR-005052 Page 8 hope 215:21 hoping 122:18 hoses 161:4 Hospital 132:14 202:19 203:1 hospitals 202:20 hot 192:20 hour 92:4 144:20 157:15,16 158:19 159:4 hours 62:21 68:9 153:5 housed 101:20 housekeeping 137:14 144:10 houses 163:6 Houston 47:18 48:7 62:8,10,16 196:3 Howard 98:14 100:22 225:12 hum 210:16 Humble 20:20 48:16,21 49:3 51:15 219:20 220:6 hundred 128:10 hundreds 102:1,2 hung 147:21 Hunton 13:20,21 14:5 hydrocarbons 12:15,15 12:21 14:12 hygiene 6:12 31:6 66:2 71:11,17,22 72:22 73:13 74:8,21 97:2 150:9 168:2 197:17 200:10,19 201:9 218:1,11,18 219:5,11 hygienic 198:19 hygienist 75:1 93:15 94:11 115:1 160:11 197:20 201:9 217:10 hygienists 70:1 200:13 201:4,14 222:9,14 hypothetical 119:18 hypotheticals 204:17 204:20 205:8 I Iberville 1:1 7:12 idea 70:16 73:5 183:8 185:15 ideally 183:1 identification 7:4 46:13 97:17 121:13 138:12 167:3 173:14 192:3 194:17 216:18 identified 24:20 25:2 25:17 30:7 168:8 identify 7:20 23:5 29:1 32:15 218:7 identifying 46:3 idiopathic 150:1 ignores 135:5 IHF 72:4 73:4,13 11129:10 immediate 91:7 imperative 210:7 impinger 119:12,14,16 implementation 147:11 implemented 80:4 145:13,17 199:15 implementing 137:2 199:12 implies 16:21 117:13 154:5 169:18 203:11 imply 136:16 implying 57:10 importance 128:3 132:13 189:7 important 9:8 80:1,3 93:13 95:8 115:8 146:15 188:18,19 191:5 211:16 imposed 137:6 impossible 161:3 impressed 58:5 impressive 42:21 43:3 57:21 inches 137:16 include 81:18 103:2 141:21 198:15 210:11 225:8,9 included 25:3 78:15 81:21 92:21 includes 20:12 83:1 203:16 including 82:11 117:8 incorrect 119:2 120:6 139:20 independent 74:7 82:15 203:2 indicate 148:1,6 211:15 226:9 indicated 43:22 50:9 50:12 54:14 56:7 58:3 59:6 61:6 75:4 109:20 132:14 133:4 145:14 147:16 177:10 209:12 223:17 indicates 155:14 indicating 144:7 indication 151:4 213:6 indicative 139:16 141:8 141:13,19 142:5,8,14 142:17 155:19,21 indirect 33:17 individual 80:11 87:17 126:11 211:5,6,22 212:3,8 individually 32:9 individuals 60:10 83:11 127:1 213:7,11 individual's 68:13 70:10 induce 129:19 industrial 6:12 26:14 28:7 31:6 66:2 69:22 71:11,17,22 72:22 73:13 74:8,20 75:1 93:15 94:10 97:2 115:1 150:9 160:11 168:1 197:17,20 198:19 200:10,13,19 201:4,8,9 218:1,11 218:18 219:5,11 222:9,13 industry 19:21 20:3,9 34:15 35:5 52:11 58:1,2 59:9 177:6 Inflammatory 211:18 information 12:14 71:8 118:3 138:22 184:6 191:3,5 211:6 212:15 inhalation 82:9 170:17 inhaled 83:7 initial 36:14 initially 76:16 initials 61:16 167:13,16 167:17,21 injured 91:6 injury 134:10 140:22 141:3 input 198:5 199:1,5 inquiry 205:3 inside 114:21 115:3 120:20 installed 88:7 installing 78:17 instances 133:21 138:19 139:19 instantly 202:10 institute 19:13,15,19 21:15 34:10,12 154:15 instituted 177:16 instruct 204:19 205:7 207:11 208:2 instructing 205:14 instruction 205:18 207:15,16 208:6 instructions 198:22 205:19 instrumental 70:3 insulate 65:12 insulated 168:16 204:4 206:10,12,14,15 207:18,19 insulating 101:1,18 102:2,5,14 105:12,14 181:8 182:8,15 insulation 6:6 65:12 103:3,18 104:1,16,19 105:1 110:8 148:7 161:4,7 162:21 163:5 165:1 168:14 169:21 170:10,12,13 180:9 181:16 182:1 190:10 190:11,22 191:18,19 192:8 193:5 206:16 insulations 3:17 8:4 192:21 insulator 131:4 163:3 insulators 128:6,10 131:10 182:2 183:10 204:4 214:12,16,21 215:4 224:21 insulator's 172:17 185:3 intended 136:16 intense 36:20 intensity 36:19 interest 56:21 106:21 interested 199:6 232:17 interests 199:12 intermediaries 13:13 international 29:12 35:4 internist 40:7 63:7 210:8 interoffice 114:8 interpret 115:3,10 118:20 119:19 156:13,14 157:19 interpretation 116:8 128:16 133:14 149:9 170:3 interpretations 159:11 interpreted 121:22 123:20 170:4 interpreting 115:13 140:11 Interrogatories 5:18 116:20 121:4 Interrogatory 116:22 118:1,12 intervals 196:12 212:14 inter-reader 149:14 invitation 23:16 87:6 invited 74:9 84:4 86:10 involved 9:16 10:11,13 81:1 93:4 217:1,6 involvement 137:1 involving 11:7,17,19 12:11 82:6 in-house 152:9 irreversible 37:9 irritant 99:22 irritants 221:17 irritation 125:15 issue 150:2 issued 54:13 178:12 item 29:19,20 33:9 items 35:17 175:20,21 213:3 J J 132:13 Jacinto 4:4 236:6 James 10:19 Jane 228:9 Jefferson 2:14 Jersey 21:6 27:22 48:22 49:2,7 72:5 185:2,12 218:14 job 18:20 19:9 30:15 95:3 165:1 198:18,20 211:4 216:1,4 228:2 233:7 jobs 175:21 198:13 Joe 11:8 John 72:14 202:1 Johns-Manville 180:13 180:14 Jones 5:20 26:20 27:2 150:6,7,8,11,17 174:14 201:19 208:10 209:2,7 journal 38:22 39:3,22 40:21 54:12 223:15 224:7 judge 17:6,10 151:10 194:11 judgment 68:16 75:4 80:14 94:21 95:9,20 95:20 144:17 145:2 166:4 189:14 Judicial 1:1 7:11 July 138:21 145:5 146:19 147:4,6,9 jump 171:12 June 147:8 jury 16:11 18:7 19:18 20:16 68:6 136:18 151:17 187:12 K K 1:14 2:8 6:3 8:12 30:11 172:18 227:15 230:18 231:5 233:6 236:4,8 keep 57:9 83:15 keeping 182:19 Ken 208:10 209:2 Kendall 5:6 Kenneth 150:16,17 201:19 kept 96:22 145:22 key 115:7 kind 12:11 13:17 42:6 42:7 87:3 163:16 164:2 kinds 34:6 205:8 KLAUS 130:2 knew 36:9,12 37:2 61:7 EXX-MOR-005053 Page 9 79:13 80:17 137:9 200:5 202:5 213:22 217:12,13,18 222:2 223:1 know 9:1,4 13:2,9 23:13 27:7,10,11 38:11 39:11 48:22 49:9 54:13 55:5 56:2 56:10 61:18 62:6,7 65:14 67:22 72:21 73:2,3,8,8,9 74:10 75:6 79:8 88:17,19 88:20 89:1,2,3,9 91:10,17 93:10 96:15 96:17,18,21 98:7,8 98:11,14 102:3,6 104:6 107:10 108:13 109:12 117:15 122:9 122:11 126:10 128:11 147:13,16 151:14 154:18,20,20 154:22 155:1 156:14 159:2,6,12 160:13,19 161:14 162:10,15 163:20,21 164:4 167:18 168:1 170:17 170:21 171:6 174:8 181:5,14 184:13 191:10 193:15 195:2 195:21 197:3 198:6 200:8 201:6,10 204:22 205:4 208:9 209:4 217:3,5,17 221:8,11 222:19 223:12 225:22 227:12,14 229:18 knowledge 23:21 24:3 62:3 168:20 170:8,8 170:14 198:8 200:19 227:4 knowledgeable 22:10 24:4,11,12 knows 103:8 Koenig 229:7 Kraus 3:10 4:20 7:1,21 7:21 8:18,20 17:3,15 18:5 19:5,8 23:17 24:13,18 25:22 26:3 26:9,12 31:19 32:1 32:12,16,19 33:5 45:1146:5,8,9,16,22 51:2,7 54:6 55:9,15 55:22 57:14 58:12,16 67:6 69:5,10 70:8 85:13 86:7 88:2 92:1 92:10 97:15,20 99:6 100:8,13 101:14 103:12 110:12 111:1 111:20 112:4 113:3 117:17,21 119:21 121:10,16 130:6 135:15 138:15 151:6 151:8 154:10 155:16 157:7,20 161:17 164:21 166:1,22 167:8 168:11 169:10 170:5 171:20 172:10 173:20 174:20 175:9 178:1 179:11 180:5 180:22 183:7 184:9 186:4,14 187:1,11 191:6,21 192:6 194:14,20 195:7,20 204:21 205:9,20 207:13 208:4 216:6 216:14,21 218:9,16 221:14 224:13 236:12,15 L L 233:1 236:1 lab 229:1 label 145:8 Labor 29:12 laboratory 95:2 200:17 228:21 laborer 131:4 204:3 laborers 131:8 224:21 lack 100:10,11 103:8 128:5 155:11 157:2 157:13 161:11 163:11 164:20 165:15 168:9 169:3 170:1 176:18 179:2 180:18 182:11 190:17 195:4,17 Lady 202:18 Laird 195:1 Lake 202:18 Landon 14:8,10 16:5 Landon's 15:5 large 44:4 76:3 102:8 123:18 165:3,6 209:17 219:13 232:20 larger 189:13 Larmann 3:15 late 19:16,16 21:15 129:6 Latency 36:18 latent 36:12 126:14 laundered 143:15 laundering 145:6 176:5 laundry 176:14 177:13 177:16,22 law 13:18 14:1 81:3 146:18 Lawn 3:6 laws 146:14 lawyer 10:18 23:2,5,6,8 25:10,12 121:5 lawyers 14:3,4 layout 175:2 lead 86:22 learned 75:14 179:16 179:21 leaving 147:6 lecture 184:4 Ledyard 4:1,8 8:1,1 16:17 17:12 19:1 23:2,14 24:8,17 31:16 32:8,14 44:15 50:22 54:3 55:3,20 57:6 66:21 69:3 70:2 85:8 87:11 92:3 98:21 100:6,10 103:4 110:10,17 111:17,22 117:12 119:6 134:22 150:21 154:2 155:10 157:1,12 161:10 163:10 164:19 165:14 166:10,17 168:6 169:2,22 171:16 172:4 173:17 174:16 175:5 176:17 179:1,18 180:17 182:10 183:12 185:18 186:12,15 190:16 195:3,16 204:11 205:5,13 206:17 207:7 208:1 216:8 218:6,15 221:3 224:2 229:20 236:4,5 236:13,16 left 51:22 62:11 136:22 151:3 176:21 209:1,6 225:18 leisurely 153:6 length 135:2 153:20 lengthy 11:6 203:17 Leo 72:13 lesion 123:21,22 127:20 210:21 letter 31:2 110:14,19 110:21 111:3,10,14 190:9 letters 30:11 137:15 let's 92:1 159:15 184:10 194:12 level 49:6 68:7,19 71:4 159:9 161:15,19 187:3,6,7,13 188:3 208:22 levels 95:4,5,10,13 97:12 129:17 130:21 160:5 187:9 liaison 87:20 library 28:18 30:3,5 life 134:14 lifetime 68:10 likelihood 58:5 limit 68:1,6 70:17,22 78:17,19 79:14,15 205:3 limitation 204:22 limited 127:13 141:16 191:14 limiting 21:5 limits 79:9 line 29:20 67:1 68:18 103:16,16 154:11 161:2 233:8 lining 141:1 linking 223:16 Lioni 202:1 209:5 list 31:14 200:4 202:9 224:17,20 listed 27:3,5 213:3 lists 180:8 literally 102:1 literature 16:12,14 18:14 34:14,17 37:20 38:3,10 52:20 53:21 54:9 223:20 litigation 9:22 10:7 51:9 little 226:12 live 47:14 lived 47:15 living 48:10 49:16 94:3 196:3 226:4 227:13 load 107:16 loaded 107:17 lobbyist 20:2 lobbyists 20:6 local 59:8 81:4 144:13 146:14 185:3 Locals 185:12 located 63:11 location 148:3,7 locations 95:3,16 144:8 191:14 200:14 lodge 207:7 208:2 logical 107:14 logically 144:22 London 41:14 long 72:21 94:9 126:14 126:16 151:20 202:12 203:14 228:4 longer 49:20 94:3 159:20 183:4 long-term 203:16 look 16:14 48:1 128:17 193:4 221:22 looked 114:16 122:2,3 looking 33:8 109:22 144:4 149:10 154:8 195:22 looks 28:14 loose 28:15 loosely 104:21 105:3,4 lot 65:16 99:16 Louisiana 1:2 3:20 7:13 10:15 11:18 low 182:3 lower 153:5 189:5 211:11,12,13 lowered 154:21 loyal 215:20,21 lung 37:11 38:2,18,21 40:17 41:5,17,21 43:14,19 44:10 45:1 45:7 99:22 125:3 136:6 139:15 141:1,8 141:12,19,22 142:3,8 221:10,12,16 222:3 223:4,9,17,22 224:5 224:12 lungs 132:16,17 211:2 211:9,12,13,16 220:13 221:1 L.L.P 3:16 4:2 236:5 _________ M M 1:14 2:9 5:7 8:12 53:12,12 217:11,13 226:21 230:18 231:5 233:6 236:4,8 magnitude 69:7 maintain 34:7 100:15 maintained 96:2,4 97:4 major 15:20 201:3,3 202:20 making 153:14 198:3 malignant 53:11 63:13 man 143:2 229:8 management 76:5 81:2 81:12 87:15,18 146:15 176:10 198:14 208:18 manager 208:22 mandatory 169:7 manipulated 189:19 manipulating 187:17 188:6 manner 71:6 81:16 146:6 manners 198:16 manufacturer 193:19 manufacturers 109:8 109:17 193:16 manufacturer's 190:21 manufacturing 48:6 63:8 72:15 mark 7:1 31:11 32:2,10 46:6,17,18 50:21 97:15 138:9 167:1 168:16 173:5,11 191:22 194:15 216:16 marked 7:3 22:20 26:16 27:22 30:15,19 31:5 39:16 46:12 47:2 97:16,22 100:21 121:12 138:11 150:4 EXX-MOR-005054 Page 10 167:2 173:13,22 192:2,8 194:16 213:1 216:17 217:21 market 90:19 markings 149:17 Marriott 2:13 Martin 228:10 Maryland 7:18 masks 84:20 masons 224:20 material 17:22 35:9 88:16 101:18 102:6 104:4 105:12 108:9 108:11 161:7 162:13 162:21 165:4,8,11 188:19 189:12 220:11 materials 16:9 18:4 29:3 30:2,4 34:3 35:1274:13,21 78:12 78:16 86:12 88:14,18 90:13 93:2,3 100:16 101:1,21 102:2,3,10 102:15 103:18 105:2 106:1,2,6,16 107:1 107:11,11 108:15,19 109:18 180:9,12 181:8 189:8 matrix 189:9 matter 7:13 77:1 92:22 108:21 112:6 140:1 153:3 160:9 176:8 200:16 201:11 224:9 matters 61:12 89:20 101:10 137:19 152:17 154:16 189:14 191:17 194:11 maximum 95:7 115:22 115:22 McNamara 3:15 mean 18:6 23:18 36:22 74:3 89:9 107:6 119:2 144:14 174:7 174:18 182:20 meaning 65:18 115:17 means 12:18 68:18 120:12 155:14 160:16 meant 84:18 132:20 198:6 measurable 116:11 118:13,15 measure 94:17 156:2 188:8 measured 114:15 measurement 114:20 115:9 155:20 measurements 115:20 119:13 200:20 measures 82:10 83:9 88:10 182:16 198:19 measuring 162:8 mechanical 89:21 198:17 mechanical-technical 192:10 medical 12:8,13 13:11 16:3 18:15 19:11 21:22 28:18 30:3 32:20 33:6,19 34:8 34:17,19 35:2,4 37:19 38:22 39:4,10 39:18 40:1 47:17,19 48:5 52:20 53:21 54:9 64:9 65:3 66:6 72:1,13,14 74:19 75:22 76:8 77:9 79:19 90:17 91:5,8 98:13 121:18 139:14 150:8,13 163:18 192:13 197:18 199:5 202:3 203:11 209:2,8 212:22 213:7 218:13 222:8 223:16 224:8 226:7,15,18,19 227:1 227:21 228:8,22 229:2,10,13,17 medical-legal 9:17 Medichem 35:3 medicine 12:9,12 14:14 15:1,5,18 16:15 18:3 19:12 22:4,8,8 40:9 76:16,22 77:9,12 215:22 meet 80:12 81:8 181:11 197:1 meeting 41:14 42:12,15 43:8 46:3 50:8,13 52:6 58:4 64:11,13 67:16 184:4 meetings 34:20 64:9 81:11 87:19,20 198:14 199:3 member 35:3 39:9,11 39:18 75:2 197:21 226:15 members 81:11 178:4 185:11 197:22,22 225:9 membrane 158:16 memo 170:3 180:1 memoranda 51:13 171:15,22 172:17 183:22 memorandum 5:20 6:1 6:3 100:20 101:5,15 103:2 105:4,10 110:6 111:12 112:7,11,13 113:5 118:21 120:21 150:20 167:12 168:12 170:20 171:17,21 172:9,22 173:7 174:13,14 175:17,18 179:4 180:7,8 181:20 183:16 184:8,19 186:3 195:1,10 208:13 memory 9:17 14:1 128:22 200:5 209:16 memos 177:20 mention 33:9 66:18 127:15 211:14 mentioned 34:8 35:6 35:18 45:14 53:16 70:9 144:9 145:19 201:19 223:12 mentions 118:17 179:12 mesh 165:5,7 mesothelioma 42:11,22 43:6,12 45:3,4 51:21 52:7 53:2,11,17 57:21 58:7 61:8 63:15,18 64:3,6,15 179:13 180:4 214:9,9 214:19 215:10 mesotheliomas 52:11 met 20:5 81:7 161:21 162:1 183:22 184:2 196:17 199:21 201:11,12 Metairie 3:20 Metal 16:5 Metals 13:6 14:18 method 159:22 Michael 10:19,21 micrometers 158:17 159:21 microns 153:20 155:7 156:18 microphone 26:1 microscopic 188:13 229:4 middle 114:13 midget 119:12,14,16 midway 98:10 mid-1960s 215:11 mile 144:20 miles 227:7 million 69:1,11,16,18 70:1 113:15,18,21 114:20 115:13,14,14 116:2,10 millions 69:9 mind 9:19 41:3,20,22 42:1,4,8 43:11 52:3 64:14 120:20 mine 25:11 50:10 minimal 149:6 minimum 119:16 minor 137:12 minute 117:1 159:3 minutes 156:9,10,10 157:5,5,6,6,6 160:16 160:17 mischaracterize 18:7 51:19 mischaracterizing 16:19 mishandled 108:11 misleading 211:19 misnomer 221:7 missed 135:14 206:20 misstates 166:11 mixed 31:17 mixing 25:11 moments 45:14 money 153:14 monitored 118:7 139:14 140:3,9 monitoring 118:8 121:18 140:10 141:16 158:1,9,13 month 147:9 184:15,17 months 179:14 184:11 184:14 196:13 200:16 Moore 110:7 morning 7:9 8:19 196:18 Mount 132:14 mounted 158:17 mouth 69:12 move 67:4,13 130:1 moved 147:7 moves 48:4 212:8 MPCF 113:16,18 multiple 95:16 125:7 125:19 N N 3:11 4:16,16 217:16 227:15 228:11 name 7:17 8:19 10:22 11:2 13:16 21:5 37:19 48:18 49:14 53:8 59:3 93:15,19 98:3 104:10 150:15 193:10 195:6 196:16 196:20 197:3 217:11 226:8,9 233:5,6 named 10:19 11:7 49:10 78:1 98:2 167:14,22 168:2 195:1 197:2 206:2 names 13:2 14:6 167:19 180:20 190:20 199:20 200:3 200:4,8,11 201:5,13 201:17 202:8,9,13 203:6 225:11 Nancy 1:19 2:18 232:3 236:20 National 74:14 nature 114:5 125:10 184:7 196:21 210:19 212:16 near 51:10 62:16,19 148:17 nearly 65:4 necessarily 74:2 86:4 142:12,17 143:5 156:5 188:10 193:14 214:7 necessary 44:17 80:15 81:12 82:16 83:17 95:14,20 146:10,12 169:8,17,20 210:9 need 67:4 108:8 123:19 130:16 152:16 153:7 155:1 166:6 184:5 222:19 needed 137:12,14,21 140:3,14 144:11 166:14 181:15 182:17 183:4 205:18 212:7 needs 151:21 Neil 5:6 Neill 1:14 2:8 6:3 8:12 172:18 230:18 231:5 233:6 236:4,8 neither 232:11 Nelson 4:1 236:5 never 10:4 61:14 63:4 108:1 124:1 136:15 136:15 161:20 165:16 180:3 217:7 new 21:6 27:22 42:13 45:15 47:6 48:22 49:2,7,22 54:19 55:1 58:19 60:1 66:14 71:21 72:5 94:22 118:6 184:11 185:2,2 185:11,12 217:4 218:14 NIOSH 29:17 122:7,13 148:20 nitpicking 152:16 nonexposed 124:13 128:12 129:2 nonfitting 221:9 nonsequitur 136:4 221:9 normal 68:9 North 191:14 NORTHWEST 233:1 Nos 46:13 nose 156:6 notary 2:19 8:15 232:1 232:3,20 Notary/Reporter 236:21 EXX-MOR-005055 notation 98:18 99:20 100:1 notations 212:18 225:5 note 58:3 86:4 113:8 138:19 noted 41:11 220:9 notes 5:13 6:9 99:21 notice 2:18 5:3 22:19 23:19,22 33:3 204:19 204:22 205:6 noticed 204:14 notification 92:14 notified 27:14 notify 80:5 November 53:21 54:17 114:9 116:16 number 7:15 28:19 57:19 68:14,15 69:15 101:2 102:13,16 103:17 105:14,15 110:9 111:5,7 113:17 113:20 115:13 116:22 117:4,4 119:11 128:6,9,11,12 128:22 133:13 151:14 155:5,6 158:13 159:17 171:14 172:3 173:4,6 175:19,21 180:9 194:22 195:9,11 209:17 210:7 numbers 69:8 114:18 123:18 155:13 Nussbaum 10:20,21 11:19 N.W 236:1 O 0 4:16 195:1 226:21 Oak 3:6 oath 11:21 object 16:17 19:1 24:8 43:9 44:8 45:12 55:3 55:20 57:6 67:1 85:8 87:1198:21,22 100:6 103:4,8 110:10,17 111:17,22 119:6 129:22 134:22 150:21 154:2 155:10 157:1,12 161:10 163:10 164:19 165:14 166:10 168:7 169:2,22 171:16 172:4 174:16 175:5 176:17,19 179:1,18 180:17 182:10 183:12 185:18 190:16 195:3,16 204:12,17 206:18 207:9 221:3 224:2 229:21 objections 17:5,7 207:8 208:2 objects 17:1 observed 63:12 108:1 162:11 observing 106:21,22 163:16 182:1 occasion 60:8 63:4 74:18 95:8 124:14 154:12 155:1 170:18 170:22 174:9 201:1 occasions 162:2 171:1 171:4 196:9 occupation 12:5 155:2 occupational 12:9,12 14:14 15:1,5,18 16:3 16:15 18:3,15 22:4,8 29:11 30:10 40:9 71:22 76:16,22 77:8 77:12 121:21 125:12 148:21 150:13 213:15 occupationally 126:19 126:21 occur 125:9 181:8 211:2 occurred 38:2 129:5,6 occurrence 76:6 185:1 185:10 occurring 129:8,12,15 180:4 occurs 127:18 October 5:11 47:5,16 48:8 110:6,15 111:10 151:12 154:12 184:22 208:13 oddly 61:14 212:11 offer 140:20 office 72:17,18 offices 13:14 48:7 200:22 official 137:8 off-loading 108:6 oftentimes 212:6 oh 26:3 47:12 49:19 99:11 103:13 113:17 198:11 oil 6:6 20:20 21:1,2,6 27:22 48:16,21,22 49:2,7 59:9 71:16 72:5,21 78:5 105:18 190:9 192:9 200:14 218:14,22 oils 177:12 okay 9:1,6,11,13 11:16 12:1 18:9,12 21:6,13 22:18 23:18 24:3,7 25:6 26:19 27:16 29:1,9,22 30:9,14 31:10,15 32:5,14 34:6 36:2 37:2 38:8 40:3 41:10,15 47:9 48:16,20 49:9,14 50:3 52:14,17 53:4 59:20 60:18 61:3 62:7 66:17 71:2 72:3 72:8,20 73:21 74:10 75:14 76:20 77:17 78:21 81:17 82:2 83:20 84:9,18 85:14 87:2 88:13 90:1 95:21 97:5 98:17 99:12,20 101:4,11 102:18 103:1,22 104:2,21 107:18 108:3 111:7 112:5,17 114:7 116:9 121:9 123:10 124:15,22 125:21 126:6,13 128:9 131:2 134:3 136:9,17 138:7 139:12 141:4,18 145:3 146:4 147:5 149:13 150:3,12,15 150:19 151:6,22 152:12 153:8,17 154:18 155:3 157:8 158:8 159:5,15 160:5 160:12 162:20 163:15 167:18,22 168:5,12 169:11 170:6,18,21 172:14 173:21 174:4,12 175:1,16 180:6 186:5 191:21 192:17 193:4 195:8 197:1,16 201:16 203:7 209:20 210:13 212:2 213:17 215:15 217:10,13,20 218:5 219:21 220:9 220:21 221:15 223:20 226:6,12,17 229:12 old 12:1 76:3 143:6 226:1,4,5 older 76:5 159:8 226:1 226:3 227:8 228:18 old-time 211:10 omit 15:8 once 37:11,14 ones 122:12 170:13 onset 36:14 on-site 199:16 open 158:18 operated 81:3 operating 219:13 operation 102:9 106:8 106:15 144:21 146:7 156:4 162:9,14 163:16,17 164:2 229:11 operations 27:21 78:6 78:22 79:5,15 82:6 83:3,6 84:6 86:19 94:18 95:14 97:13 107:1 109:3 118:7 119:4 129:11,13 162:16 166:9,14 176:3 operative 153:13 opinion 56:5 58:9 64:12,18 120:3,6 121:6 204:8 206:14 207:20 opinions 18:15 opportunity 50:17 203:13 opposed 35:13 order 69:7 87:17 93:8 ordinarily 90:11 127:11 156:6 organization 19:22 20:5,6 29:12 71:19 organized 63:10 original 236:11,14 originally 78:1 Orleans 4:5 236:6 OSHA 136:19,21 137:7 137:17,22 138:4,17 143:13,13,18 144:5 145:5 146:4,4,19 147:11 148:20 154:13,16 157:14,21 158:2,10,14,22 159:13,16 160:4,13 171:11 177:19 179:7 ought 32:10 outcome 232:17 outside 133:6 152:2 197:15 202:14 overall 58:4 overlooked 63:19 Owens-Corning 1:9 7:14 233:6 236:8 owned 49:2 P P 3:3 pace 153:6 packed 104:21 105:3,5 105:14,16 page 4:19 5:1 53:5 54:2 54:16 58:20,20 60:20 63:6 98:11 99:10 100:20,21 103:14,15 110:5 111:10 112:10 114:2,13 116:21 132:8 139:9,13 158:10,11 159:16 160:21 161:1 175:2 175:19 192:11,18 193:4 220:19 233:8 236:14 Page 1 pages 1:9 28:15,16 32:21 110:4 230:20 paid 57:3 215:12,16 painting 206:2,7 pamphlet 28:5 Papale 3:15 paper 44:5 58:1,7 61:8 61:16 84:19 105:14 108:11,17,18 109:3 109:10 114:16 132:13 161:6,13,16 184:5 185:8 papers 34:13,18 35:1 35:18 50:14 56:11 57:20,22 60:9 64:16 64:16,17 67:16 132:11 186:1 paragraph 59:1 115:19 116:8,21 117:2,4,5,7 117:7,20 118:17 119:15,20,22 121:7 132:8 158:13 159:17 160:1 175:19 178:12 181:21 parenchymal 136:6 parent 217:4,19 parenthesis 139:17 Parish 1:1 7:12 part 16:1,12 18:1,8,12 20:2 21:5 35:14 50:8 80:1 86:16 101:16 110:3,3 111:4 135:13 136:5 139:14 153:12 177:19 206:18 207:10 211:7 216:1 219:20 222:17 229:10 partially 30:16 77:5 particle 156:18 particles 69:1 97:8 113:15,18,21 114:21 115:14 116:2,10 particular 56:21 57:3 64:11 73:9 84:16 161:5 181:22 186:18 particularly 33:16 126:21 191:1 parties 232:12,15 pass 72:1 75:3 passed 72:4,8,11 74:18 136:20 146:18 147:12 passing 202:7 Pastore 8:9 233:1 236:1 patient 211:1 patients 44:11 76:18 Patrick 3:11 8:5 pause 58:11 PCLA 151:14 peak 156:11 EXX-MOR-005056 people 13:10 23:21 70:10 145:22 146:2 183:22 226:13 percent 49:3 189:3 190:12 194:2 percentage 188:21 190:6 Perfection 170:18 perform 81:15 performance 82:1 performed 73:13 performing 156:3 period 43:3 48:3,19 62:1177:2 78:14 94:7 105:6 115:15 122:4 126:14 128:14 143:13 157:18 176:19 179:8 182:21 193:12 201:21 202:1 202:22 periodic 118:6 212:14 periodically 121:19 periods 182:5,19 203:14,18 peripheral 125:5,15 Perret 202:2 person 24:4 167:18 personal 28:18 30:2,5 33:5 34:7 35:21 49:12 155:15,17 157:22 158:9,13 170:7,8 179:9,10 personally 56:11 107:4 171:1213:10 personnel 49:6,6 81:13 152:9 persuasive 42:15,20 43:4 45:6 pertain 67:17 115:9 154:17 pertaining 12:8,14 30:3 35:2,16 57:20 61:1271:21 pertinent 33:12 Peter 3:10 7:21 8:20 236:12,15 petrochemical 102:9 petroleum 12:15 19:13 19:15,19,21 20:9 21:15 34:10,15 58:2 154:15 Phillip 180:16 phone 180:2 PHONES 236:3 photostat 30:21 physically 147:6 physician 150:14 226:15 physicians 122:2 123:2 222:8 Ph.D 217:11 pick 91:2 200:4 picture 210:20 piece 184:5 Piker 10:19,22 pipe 103:3 104:15,19 161:4 168:16 181:2 181:13 188:22 190:11,14,21 191:8 192:21 194:5 206:7 224:21 pipes 65:13 162:4 206:9,12,14 207:19 piping 104:1 Pipkin 4:1 236:5 Pittsburgh 180:13 193:21 place 10:22 11:11 66:2 88:6 109:16 144:8 163:17 167:20 195:5 placement 30:16 77:5 plaintiffs 1:7 3:4 5:18 7:22 8:6,14,17 27:4 116:19 121:3 150:5 plaintiff's 10:18 plant 6:11 28:7,12 63:9 100:17 102:10 190:15 201:1 217:22 218:11 plaque 124:20 125:6,16 125:18 126:2,4 127:10 142:12 plaques 26:20 124:10 124:15,16 125:10,13 125:20 126:15 127:1 127:5,8 128:5,18,20 128:21 129:19 130:13 131:17,18 132:1,15 133:9,22 138:20 139:18 140:6 140:22 141:9,22 143:1 186:21 plastic 78:22 108:18 109:9,18 165:10 please 9:4 57:15 130:3 130:8 135:9 146:20 236:15 pleasure 41:13 Pleura 53:11 pleural 26:20 124:10 124:10,15,16,17,20 125:6,10,13,16,20 126:2,3,15 127:1,5,8 127:10 128:5,18,20 128:21 129:19 130:13 131:17 132:1 132:15 133:9,9,10,22 133:22 134:1 136:2,4 138:19,20 139:18,19 140:5,21 141:9,10,22 142:1,12 143:1 186:21 pneumoconiosis 210:12,17,22 211:4 pneumonitis 125:3 Pocket 29:17 point 9:18 15:2,21 20:4 42:16 43:10 45:1,13 48:21 64:22 68:22 69:3 77:14 81:2 124:16 125:18 130:15,20 137:20 138:18 145:3,9 146:13 165:18 199:13 220:2 policies 80:4,7 92:15 139:1 176:12 200:1 policy 137:7 166:7 167:10 168:21 179:7 199:11,13,15 poor 163:4 population 26:15 76:4 131:19,20,22 porosity 158:17 Port 52:15 53:13 62:2 62:4,16 63:12 portion 117:8 152:1,4 220:14 portions 117:2 204:4 pose 191:16 posed 17:2 173:18 posing 199:7 position 48:7 51:14 112:15 115:2,10,17 123:22 175:13 185:22 194:10 197:12 208:16 positions 95:7 212:20 possession 33:1 91:21 possible 76:9,10,10 82:11 143:10 152:4 153:3 156:2,8 possibly 125:13 post 146:5,10 147:14 178:18 posted 145:20 146:5 147:19 potential 65:21 66:8 81:13,17 82:5,9 108:4 125:19 213:1,5 220:12 221:6,16 222:14,18 224:16 225:7 potentially 15:10 16:9 17:22 18:4 36:6 37:6 81:5,20 83:6 86:4,14 128:7 178:6 186:20 190:3 204:9 207:21 213:8 225:3 pound 104:22,22 105:4 105:5,5,15,17,19 practice 14:22 15:18 16:3 18:16 147:17 170:15 225:19 227:6 practices 145:10,17 182:8 practicing 63:7 preceded 185:3 precise 155:19 precisely 9:15 predated 73:6 predecessor 20:17 21:9 21:11 47:11,21 predecessors 20:13,18 20:21 21:17 predicate 100:11 prefabricated 104:7 preformed 104:8,14,15 189:8 premise 85:17 86:10 87:6 premises 82:21 84:5 preparatory 215:18 prepare 173:4 prepared 99:2 preparing 236:17 prescribed 159:22 presence 133:8 144:7 147:22 present 4:11 7:19 8:9 30:2 60:10 128:18 133:21 148:2,6 presentation 52:14 56:15 57:8 63:21 presentations 34:19 35:19 43:8 56:19 presented 67:16 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193:1,8 193:19 194:1 production 24:15 32:3 89:21 productions 96:8 products 87:7 102:20 108:6 109:9 162:3 180:21 188:7 189:18 190:7 198:10 profession 215:22 professional 49:13 81:16 155:2 profoundly 44:7 program 34:11 66:2 76:19 77:3,4,5 80:2 80:16 83:13 121:18 122:14 137:13,22 138:3 141:16 178:21 programs 139:1 progress 37:4 progressive 37:3 prompted 183:8 185:17 186:2 promptly 109:13,22 promulgated 70:5 88:14 161:22 promulgation 137:7 prone 186:18 EXX-MOR-005057 Page 13 proper 78:11 93:2 151:4 154:7 168:10 171:18 properly 182:22 230:1 protect 79:1 87:9 176:6 protected 83:18 146:7 protecting 70:18 protection 79:6 80:13 82:20 84:3,10,13 170:12 176:9 182:17 188:1,3 204:8 protective 82:10,14 84:21 165:21 168:18 169:5 170:16 177:10 177:15 provide 82:13,16,19 84:3,10,15,16 85:1 91:7 176:14 203:13 provided 39:16 140:9 158:2 177:11,13,22 177:22 provides 212:14 providing 12:13 91:6 176:5 provision 126:9 177:5 187:21 provisions 159:10 proximity 110:21 206:12 public 2:19 232:1,3,20 publication 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164:20 165:15 166:11 168:16 169:3 170:1,6 172:5 173:18 174:17 175:6 176:18 177:1,3 179:2,19 180:18 182:11 183:13 185:19 186:15 188:5,15,17 190:17 195:4,17 199:4 203:20 204:12 205:11,12,15 206:19 206:20 207:2,9,12 212:2 221:4 224:3 questioning 67:1 questions 9:2,3 17:5,9 32:17 92:16 117:9 151:9 168:7 186:6 229:19,21 quick 29:19 216:7 quicker 36:21 quite 64:13 95:2,12 129:5,7 137:5 138:5 201:20 209:5,6 226:4 quote 47:4 118:3 120:3 120:5 132:10 139:13 141:8,19 153:18 158:14 161:2 163:1 168:13,15,15 178:12 quoted 106:13 quoting 139:12 R R 195:1 226:13 228:11 racks 206:7,9 radiological 132:11 radiologist 122:1 127:6 127:9,11 128:1,15 135:6 138:19 radiologists 133:6 134:20 140:7 202:14 202:18 203:3 radiology 202:22 203:5 railroad 113:11 114:21 rainy 113:10 raises 195:9 range 189:3 rapidly 152:3 rare 42:22 45:4 214:10 rarely 170:18 rate 156:13 rates 215:15 Ray 6:1 167:14,22 168:2 reach 161:7 reactor 165:2 read 17:15,18 38:20 50:18 51:1,5,8,10 55:9,12 57:14,16 60:4 98:12 99:8,16 103:14,17 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24:14 25:4 43:20 75:4 76:10 90:11 112:17 113:5 133:5 140:2 174:9 202:15 215:18 236:13 reviewed 16:2 23:20 27:3 34:1 54:22 60:6 60:16 90:20 99:18 118:11 121:20 123:3 123:19 reviewing 17:21 59:21 76:14 93:5 revisions 143:20 rewrite 141:11 142:13 Reynolds 13:6 14:18 14:20 15:6,13 16:4,5 16:13 17:20 18:13 rib 142:19 143:6 Richard 44:5 Richmond 13:22 right 9:9 10:10 11:5 12:1,19 13:15,20 16:10 18:19 19:17 20:15 21:17,20,22 22:9,18 23:4 25:21 28:14 31:3 36:2,20 37:5,22 39:13 40:15 43:10,17 45:14,18 46:4 50:18 51:16 54:16 56:7 60:13 62:20 67:22 68:17 69:18 71:7 73:17,19 77:13 78:9 79:4 82:18 90:2 93:14 94:10,13,16 100:19 103:19 104:2 109:7 110:16 112:9 113:4,8 113:22 114:12,19 115:18 116:9,17 117:22 118:18 120:8 120:17 122:4 124:3 124:20,21 134:9 138:1 143:12 145:16 146:9,22 147:1,18 148:13 149:4,16 150:3 153:15 155:6 160:1,20 167:9 171:10 172:19 179:12 180:15 181:19 184:16 189:16 194:12 196:19 198:2 203:22 219:3 223:18 227:16 Page 14 228:19 ring 209:16 rise 105:13 risk 224:18 225:1 RMR 2:18 236:20 Robert 3:22 8:3 26:20 49:15 236:16 Rockville 7:18 roentgenograms 132:16 role 18:13 197:18 room 50:8 118:19 187:5 196:18 Rouge 6:7 27:9 31:7 36:4 47:15,20 48:10 48:12 62:5,12 65:18 66:7 71:12 72:2 73:14 74:15 75:9,16 75:21,22 76:2,12 80:9 93:16,22 94:7 99:19 100:16 120:7 120:14 121:18 125:22 126:3 130:12 133:6 134:18 135:20 136:14 150:9,10 162:5,17 163:18 165:13 167:19 168:22 176:13 177:7 182:8 189:1 190:8,15 191:9 192:14 196:6 200:15 202:21 203:1 206:4,8 209:3,11 219:14 225:6,13 227:7 routinely 214:11 routing 225:12 226:7 229:12 rowel 211:11 RR 113:11 Rubber 193:7,20 Rubberoid 105:16 Ruber 180:15 rule 17:7,10 151:10 run 90:5 S S 4:16 6:4 172:21 sacks 108:11,12,17 safe68:19 71:4 81:16 91:14 187:3,6,9,13 safeguard 93:9 safely 87:22 88:1 199:7 safety 29:11 74:14,16 81:12,17 87:19 89:7 89:10,20 90:3,3 166:5 168:1 169:7,12 169:15,19 170:9 176:14 197:17,22 198:3,15,19 199:20 200:1,5 sample 113:17,19 EXX-MOR-005059 115:2,6 156:9,18,19 156:19,20,20 157:5 159:3 sampler 155:15,17 156:6 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197:4 197:8 199:14,17,19 Page 15 209:15 210:10 211:21 215:1 specifically 39:2 40:3 51:4 52:13 55:14,17 56:15 64:1 68:2 79:11 84:1491:12 92:19 97:6,11 104:6 154:3 170:10 172:11 177:7 197:14 201:6 209:4 213:1 specification 109:14 194:8 specifications 108:14 181:12,18 specified 89:19 137:15 137:18 specifies 118:17 specify 101:9 105:6 109:11 157:15 202:17 speculation 55:5 100:12 185:20 207:10 spell 87:21 spelled 80:21 82:10 89:20 90:15 spend 200:16 spite 43:17 spot 95:5 202:10 spray 164:7 square 182:6 St 202:4 stabile 127:11,12 128:2 133:12 134:3,13 140:5 stable 127:13 stack 210:15 staff 201:17 stage 149:6 stand 39:20 119:9 123:22 138:6 140:15 standard 6:6 21:1,2,6 27:21 48:22 49:2,7 62:18 71:16 72:5,21 78:5 143:18 147:12 178:14 190:9 192:9 200:14 218:13,22 219:22 220:2 standards 80:13 standing 144:19 start 113:2 124:7 139:22 started 19:10 39:8,22 70:3 73:4 starting 60:20 138:4 210:20 startled 69:16 starts 37:11 state 1:2 2:19 7:12 21:4 81:4 123:16 133:14 146:14 158:14 EXX-MOR-005060 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tenure 35:17,22 95:17 201:21 208:20 term 104:13 169:16 224:3 terminology 121:8 terms 21:2 87:2 104:8 118:21 131:20 181:16 198:2,21 testified 8:16 10:2 19:3 38:8 40:16 51:17 84:9 123:5 134:16 182:13 204:2,6 205:22 206:7,8 testify 27:17 96:12 135:18 205:2 testimony 11:20 16:19 82:2 88:4 96:11 97:10 102:11 147:19 191:7 215:13 230:20 230:22 232:4,6,10 testing 95:15 tests 89:10 211:20 Texaco 31:3 Texas 3:8 4:6 52:15 53:13 59:3 62:18 63:12 219:14,19 236:7 text 35:7 textile 129:10,13 texts 32:20 thank 9:7 19:7 21:13 32:7 53:8 65:1 132:3 135:17 143:12 218:15 Thermobestos 180:14 192:20 194:4 thick 30:11 thickening 124:10,17 133:10,22 138:20 139:19 140:22 141:10 142:1 thing 60:4 99:10 115:8 133:15 155:1 156:9 things 9:17 15:12 33:12 34:7 56:17 66:10,13 85:22 89:11 91:2 144:3 145:1 154:22 222:13 think 9:7 16:18,20 31:19 40:15,20,22 42:10 51:16 53:4,8 54:21 56:17 61:6 68:22 70:2 78:13 88:11 107:7 110:2 112:10 115:12 117:12 122:12 123:5 125:1 130:9,12 132:20 133:4 135:1 138:1 140:14 142:9 145:1 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