Document X78E2rpXG0JZ12pEa59E7oyR

In The Matter Of: Estate of Lloyd Koons, Estate ofDonald Kotay v. Union Carbide Corporation, et al. Francis A. King December 14, 2001 Morse, Gantverg & Hodge, Inc. One Bigelow Square Suite 719 Pittsburgh, PA USA 15219 (412) 281-0189 Original Pile cos2931-txt, 51 Pages Min-UScripm Pile 10:2912738838 Word Index included with this Min-U-Script ,'T Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL Francis A. King December 14, 2001 [t|J THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY (2] COMMONWEALTH OF PENNSYLVANIA [30 CIVIL DIVISION m WRE: M-L PENDING ASBESTOS CASES PpTATE OF LLOYD KOONS, ESTATE OF DONALD KOTAY, m PlaintUs, ) |9] vs. ) No. GD 99-122131 [ICO ) No. GD 99-10029 UNION CARBIDE CORPORATION, et al.,) inns Delerxfants. ) [121 m Deposition of FRANCIS A. KING [4| Friday, December 14,2001 [191 pe) The deposition of FRANCIS A. KING, called as a [Upness by the Plaintiffs, pursuant to notice and the Pennsylvania Rules of CMI Procedure pertaining to [U|b taking of depositions, taken before me, the underolpied, Colleen OBrlen Adams, a Notary Public in [ttfid for the Commonwealth of Pennsylvania, at the offices Goktierg, Persky, Jennbgs & White, 1030 Flth [aSjrenue, Pittsburgh, Pennsylvania 15219, commencing at 10:00 o'clock a.m., the day and date above set forth. PH [ZZ] COMPUTER-AIDED TRANSCRIPTION BY [29Q MORSE, GANTVERG & HODGE, INC. PITTSBURGH, PENNSYLVANIA [24] 412-281-0189 [29| Page 1 APPEARANCES: m On behalf of the Plaintiffs: [31] Goldberg, Persky, Jennings & WhRe Aaron J. DeLuca, Esquire Hi 1030 FVth Avenue Pittsburgh, Pennsylvania 15219 [3 On behaV ot the Witness: [GO Eckert Seamans: [7] Dais Hershey, Esquire USX Tower, 44th Floor [bq 600 Grant Street Pittsburgh, Pennsylvania 15219 m On behal of the Defendant UNC: [ico Wlbraham, Lawler & Buba: [i i] Abe A. Romano, Esquke First and Market Building [12| 100 First Avenue Pittsburgh, Pennsylvania 15222 m On behal ot the Defendant Klinger: [Ml Riley, McNulty, HewRt & Swenzer: [15] Sandra L. Afven, Esqule | 650 Washington Road, Suto 300 [16] Pittsburgh, Pennsylvania 1S228 [121 [ALSO PRESENT: [ieg Dr. David Egilman (vte telephone) [20] [21] Page 2 Page 3 [i] FRANCIS A. KING ri called as a witness by the Plaintiffs, having been (30 first duly sworn, as hereinafter certified, was W deposed and said as follows: iso EXAMINATION (eg BY MR. DELUCA: [7] Q: Mr. King, good morning. m A: Good morning. n Q: My name is Aaron DeLuca and 1 represent a [ico number of individuals who have claims against Union [ii] Carbide Corporation in asbestos cases. 1 appreciate [i2] you coming in this morning. I don't think I am going [iao to take very much of your time. I understand that you [i4j are a lawyer? [is] A: Correct. [ieo Q: And you are presently general counsel to [it] Elkem Metals Company? [ibq A: Yes. [i9o Q: That being said, 1 am sure you are very [2co familiar with the deposition process, just let me [2ig remind you if you don't understand one of my [22] questions, I would ask that you tell me that and 1 [23] will attempt to repeat it or rephrase it. Fair [at] enough? p5] A: Fair enough. MGAfl, Inc. (412) 281-0189 Min-U-Script (5) Page 1 - Page 3 Francis A. King December 14, 2001 esiaie oiuoyo mxjus, usiaie ui miuaiu &uuty v. Union Carbide Corporation, et aL Page 4 [i] Q: I have issued a subpoena dated December 7, [20 2001 along with a notice of deposition, which 1 am pi going to ask be marked as Deposition Exhibit No. 1. m And you have that in front of you tight now; correct? [si A: 1 do. [eg (Thereupon, Deposition Exhibit No. 1 was [70 marked for identification.) n Q: And you have had a chance to review that' po A: Yes. [icq MR. HERSHEY: 1 would like just to have one [ii] point of clarification and that is that the m subpoena was issued on behalf of the plaintiffs [iaj in the cases that are pending against Union [i4] Carbide. [iso MR. DELUCA: Yes, sir. [ieq MR. HERSHEY: And I would like it noted [i7i that Mr. King is here under subpoena and he is m not testifying in cooperation with plaintiffs but [iso going to respond to questions put to him under [20] subpoena. [21] MR. DELUCA: 1 agree to that. [220 Q: Mr. King, do you recall our initial contact [23] on December 6 when I contacted the law department of [24] Elkem Metals? [250 A: I remember a phone call, yes. Page 6 [ig Q: Can you provide me with any information as [2] to what, if any, business entities Elkem Metals [go purchased from Union Catbide in the early '80's? [4i A: The transaction was completed in 1981.1 iso believe the actual closing date was June 30,1981. [eg And by virtue of that agreement, Elkem purchased the, [7] what was then known as the metals division of Union [bo Carbide Corporation. It was an asset purchase and the iso assets -1 may miss something here - but the assets, [icq as 1 recall, consisted of a plant in Marietta, Ohio, a [ii! plant in Ashtabula, Ohio, a plant in Alloy,West [12] Virginia, a plant in Alabama, I think it was (130 Birmingham but I am not certain, and a plant in [14] Portland, Oregon. [iso The transaction also consisted of a lease [ieq of facilities in Niagara Falls, NewYork and I'm [i7o sorry, when I said Birmingham,Alabama, it was really [ieo Sheffield,Alabama, 1 recall it now.There was also a [ieq transaction agreed to at that time whereby Elkem would [2cq purchase two plants in Canada at a later date. And [2io those two plants were actually purchased in 1984. psj Q: Can you tell me how Hawks Nest or Glen [230 Ferris fits into these transactions that Elkem entered [240 into with Union Carbide in 1981? (250 A: Hawks Nest and Glen Ferris are Page 5 Page 7 [i] Q: Sure.And at that time your secretary or [ig hydroelectric facilities that are located in proximity [?i paralegal answered the phone.And 1 identified myself [2] to the Alloy, West Virginia plant and they were part [QO to her as being a plaintiff's attorney. Following m of assets of the purchase that were purchased. [4i] that, she connected me with you, do you remember that' [5] A: I remember being connected with you, yes. [4] Q: Do I understand these to be hydroelectric iso power plants? [eg Q: What was the name of the lady who forwarded [eg A: Correa. [7j that call to you? [7] Q: And is there one plant or are there two (eq A: Her name is Kathleen spelled with a K, pi plants? m Kantor, also spelled K-a-n-t-o-r. jeq A: There is two plants. (icq Q: Is she a paralegal with the law department [icq Q: And they are known as Hawks Nest and Glen [i ii at Elkem Metals? [ill Ferris? [i2] A: She is kind of a girl Friday, she does [is] everything. She is my secretary, she's a paralegal, [i4] we have a very small department. [iso Q: Would you describe to me your employment [i2i A: Correa. [iso MR. DELUCA: Off the record, please. [i40 (Discussion offthe record.) [iso MR. DELUCA: We are going back on the [iei history with Elkem Metals as far as when you started [i6l record. [17] and the positions you have held? [i7fl BY MR. DELUCA: (isq A: I started in February, 1985 in the same (ieq Q: Mr. King, before we went offthe record we [iso position 1 hold today. [isq were just talking about the Hawks Nest plant and the [2cq Q: As vice president and general counsel' [2gq Glen Ferris plant which were hydroelectric power [2ij A: Correct. [2ii plants, which were part of the purchase by Elkem of [22] Q: You have had a chance to review the (23 the metals division of Union Carbide and 1 believe [23} documents which were attached to the subpoena that 1 [290 that you told me that these two power plants were [24j issued on December 7? PS] A: Correa. [240 associated with the facility in Alloy,West Virginia; [2sq is that correct? Page 4 - Page 7 (4) Min-U-Script MG&H, Inc. (412) 281-0189 Estate of Lloyd Kooos, Estate of Donald Kotay v. Union Carbide Corporation, et aL Francis A. King December 14, 2001 Page 6 Page 10 m A: That's correct. [i] Q: When you talked to Mr. Fawcett and you read [2o Q: With regard to the documents Which I am (3 him this letter, am I correct that he said he just loo seeking by the subpoena which are enumerated in the [ag didn't remember receiving these documents as opposed ho letter with enclosures dated August 17,1981 from Mr. ho to telling you that he did not receive these po DeBor to Mr. Fawcett, have you undertaken a search to 13 documents? [6] determine whether Elkem presently possesses those [6] A: He said he didn't remember. m documents? [7] Q: He couldn't tell you one way or the other? PBa IA: I have done as much as I thought 1 could to [eg A: That's right. (sq attempt to determine if they exist. p] Q: And did Mr. Fawcett dte to you any other [icq Q: And would you describe for me fully the [icq individuals that he thought perhaps could address your [i i] steps that you have taken on behalf of Elkem to [iij inquiry? [120 determine whether those documents are in existence and [13 A: No. [nag if so where they would be located? nag Q: Do you know when Mr. Fawcett retired from [i4o A: Well, the starting point was to contact the [14] Elkem Metals? [isi person to whom the letter ofAugust 17 was addressed, [isg A: Actually, I don't think he ever worked for [is] Mr. Harry W. Fawcett. I called his home, 1 talked to [ieg Elkem Metals. Harry Fawcett was -1 only know this ji7] him briefly to describe What was in the letter. I i[i7j by What predated my being employed by Elkem in 1985, ibo read him the letter, and then I asked him if he had [ieg Harry Fawcett, originally was a fairly high ranking [isa any recollection at all of having received the 59 [isg executive at Alcoa.At the time that 1 knew him after [2cq cartons of documents that are identified in the [2q I started in 1985, he was retired, and he was working, [2i] letter. And the short answer is he had no [2i] 1 believe, as a consultant for a sister company of [zai recollection at all. In feet, he didn't even remember [23 Elkem called Elkem Chemicals.They were located at [2og who I was, so, that was a dead end.That produced [29] Building No. 1 on Cliff Mine Road in Pittsburgh-And [24.] nothing. [24] he worked there. 1 met him a few times. He left the [25] Then 1 went, 1 looked at our records (25) company about a year after 1 started. Page 9 Page 11 (ig retention policy to see if there was any category of [ig Q: Mr. King, I note that your business card [2] documents in that policy that might have - that these (3 indicates that you are employed by Elkem Metals [sq boxes might have fit into. I really didn't find cog Company, LP. HO anything that was relevant, in my mind, at least, as [so to a category that might have picked up these Hi A: That's an old card. It's no longer true. [5] It's now called Elkem Metals Chem, Inc. 1 just [eg documents. [eg haven't had the cards updated. [7] Then I had my legal assistant, Mrs. Kantor, m check our database, that is our own law department [7] Q: I would note that both of those entities m differ from the entity that's listed in this letter [eq database, Which includes all of our departmental Hi datedAugust 17,1981. [iGo records by category, and she didn't find anything in [ieg A: That's correct. [no there that was applicable. [ii] Q: That was addressed to Mr. Fawcett of Elkem [i2o And the last step was to check the manifest [leg of retired documents that we have.We store retired [i4] documents in a mine north of Butler, Pennsylvania and [13 Management, Incorporated? [13 A: Right. [i4] Q: Is that a different company than the Elkem [iso the manifest categorizes those records both by the [isg Metals? [iso name of the person Who delivers them for the storage [ieg A: It is.Thcy are sister/daughter type [iTo and also by category in yery broad categories.An [ieg example of the latter would be accounts receivable, Ii7] companies. It's all one umbrella of companies under [13 die same ultimate management ownership. [ig] for example, and under documents that I have sent for [13 Q: 1 am not seeking any confidential or [2cq storage it comes under the heading FK, Frank King. [23 proprietary information about the operations of Elkem, [2i] And we looked through that and we didn't find anything [2ii but can you tell me what relationship Elkem Management [23 that looked applicable.Those are the steps I took. [23 has or had with Elkem Metals? [290 Q: I would like to ask you about each oik of P3 A: Well, at the time this letter was written, [24] those, if you don't mind. 1(2940 August 17, it would have post dated the dosing on the [25] A: Sure. | [23 purchase arrangement and Elkem Management, Inc. would MG&H, Inc. (412) 281-0189 Min-U-Script (5) Page8-Page 11 Francis A. King December 14, 2001 Estate otuoya Koons, Estate oi uonaia i^otay v. Union Carbide Corporation, et aL Page 12 Page 14 [ig have been the managing partner of Elkem Metals [1] question. r Company. I can tell you what the structure was at [2] When you spoke to Mr. Fawcett, you said ja] that time.There were four partners, they were all [so that he was here in the Pittsburgh area? m ultimately owned by a Norwegian corporation called Hi A: Yes. [so Elkem Metal Chem a/s, small a, small s, and those four p] Q: Does he presently live in Sewickley, [6o partners, in turn, owned - I'm sorry, Elkem [eo Pennsylvania? [7] Management, Inc. is a corporation.Those four pi A: Yes. [eo corporations that 1 just mentioned, owned the (31 partnership, Elkem Metals Company. m Q: Does he work in any capacity with Elkem t&9 today, for instance, as a consultant? [loo Q: Is there an entity in existence today known [icq A: No. [i ii as Elkem Management, Incorporated? [ii] Q: Getting back to the four steps that you [iz] A: No. [i2i listed for me, I think the second one is that you [iso Q: Can you tell me when Elkem Management, [i39 checked your records retention policy? [i4o Incorporated - well, strike that. Is there - do you [i4] A: Correct. [iso know whether Elkem Management, Incorporated ceased to [iso Q: You wouldn't have a copy of that with you [i6g do business or whether it changed its name? '(ieg today would you? [i7] A: Changed its name.And then it ceased to do [i7] A: I do. [ia] business subsequent to that. [IB] Q: May I mark that as Deposition Exhibit 2? [ieg Q: Can you tell me the name of the entity that [iso (Thereupon, Deposition Exhibit No. 2 was peg Elkem Management, Incorporated became known as before [20] marked for identification.) [21] it ceased to do business? pi] Q: Did I understand you to say that when you [22] A: Well, today, what was Elkem Management, [221 reviewed the records retention policy today, you [23] Inc., along with several other companies are now [230 didn't see any categories of documents in here which [24] merged together in a single company known as Elkem [24] would suggest to you that the documents that 1 am [25] Investment Holdings, Inc. [25g seeking have been destroyed subject to this policy? [1] Q: Where is that entity headquartered today? [2] A: In Pittsburgh. PO Q: You are not employed by that company; [4] correct? [so A: No. [69 Q: You don't serve as general counsel to them? [7j A: I do in the sense that it's a - yes, I do [69 serve as general counsel to them. [9j Q: Do they maintain records separate and apart [ieg from Elkem Metals? [11] A: No. [12] Q: Did you contact anyone at Elkem Investment? [iso A: Could I correct that? [140 G: Yes, sir. [iso A: They do maintain separate records in the [ieg sense of corporate identity type records like minute [i7] books and all the corporate documents. But as far as [ieg correspondence and that type of thing, they are ail [ieg held at our offices pretty much together, pq Q: Did you contact anyone associated with [21] Elkem Investment Holdngs, Incorporated to determine [22] whether or not they possessed the records which are [230 listed in this letter ofAugust 17,1981? [240 A: No. [23] Q: Are you able to tell me - withdraw that Page 13 Page 15 [i] A: I didn't see any category of documents [21 listed in that policy that I thought would pick up the [so types of documents that were in the letter that was ho addressed to Mr. Fawcett. IB] Q: Okay.And then you indicated that your [eg assistant, Ms. Kantor, checked the database that your [7] law department maintains which covered departmental [09 records? [so A: Correct. i[ico Q: Can you tell me when that database came [ii] into existence? [i2i A: Only roughly. I would say probably about [lag 1996 or 7,1 am not sure which. [i4o Q: And that was after the point in time you [is] joined Elkem? [ieg A: Yes. [it] Q: Is this something that was done pursuant to [iBf your instruction? [isq A: Yes. [2cq Q: And can you tell me what efforts were made pi] in - I'm sorry, did you say '86? [22i A: What are you asking me, when - [230 Q: When did the database come into existence? [240 A: Round '96 or '97. [25] Q: '96 or '97? Page 12 - Page 15 (6) Min-E-Script3 MG&H, Inc. (412) 281-0189 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL Francis A. King December 14, 2001 Page 16 Page 18 [ig A: Right. [il sent it or the initials of the person who sent it or a p] Q: Can you tell me what efforts were made in H general subject matter like "accounts receivable," [go '96 or '97, to look to see what documents were in [90 that type of thing. [4jj existence for inclusion in the database? [4i Q: By chance, did you bring a copy of your [5] A: That would be all the legal department 13 manifest with you today? [eg records, all of our files. [65 A; That, I didn't, no. [7j Q: If there were files which were not [7j Q: Is that something that you would be willing m generated or used by your legal department, they would lag to provide? Hi not be in your database; is that correct? (so A: Sure. [ia] A: That's correct. [iqi Q: [There was no effort made to look into any [iig Q: And then, finally, you indicated that you I [ii] boxes that are housed in that storage facility north P2I checked a manifest of retired documents? pal of Pittsburgh to see whether the documents I am [iai] A: That's right. poo seeking would be located therein? [14.] Q: Could you just tell me what that means so [i4] A: No. [iso that we are clear? [iso Q: There was just a general effort to see who [iso A: Well, when documents reach a certain point [ieo sent the boxes or whether there was any description [i7] in the records retention policy that they are due to [i7i which might match what I was looking for? [iso be retired, then they are cartoned up and sent offto [ia] A: Correct. [leo this storage point, which is north of Butler, [ieo Q: Did you look for documents that Harry [2oo Pennsylvania.And then they are manifested; that is, {2cq Fawcett would have transferred to this facility or [2i] they are marked in a certain way as to what they are. [2ii possibly transferred to this facility? [2zj And then after they have been there for a period of [22] A: Well, 1 looked through the manifest and [290 time, they are supposed to be - when they reached the [230 Mrs. Kantor did, as well, under my direction, to see [24] destruction point, they are supposed to be destroyed. [240 if there was anything in there that might indicate [25] And that's basically it. [250 that these documents in this letter of 1981 were there Page 17 Page 19 [i] Q: Is that the Iron Mountain facility? [1] and there was no indication.There was nothing under p] A: 1 don't know the name of it. I have been [2] the name, Fawcett, for example, HWF, or anything like [3] there but I forgot the name of it. [90 that. m Q: It's an old mine? m Q: Were there any documents that would have iso A: It's an old mine, yes. Hi pertained to Hawks Nest or Glen Ferris among these leo Q: Just generally, can you tell me the volume m documents that are stored there based on your review [7] of boxes that Elkem stores at that location? [70 of this manifest? [bo A: I can't tell you specifically. 1 know that [bo A: There were general categories of what we [eg I have been out there searching for documents on oik [eg call plant documents, also of boxes of what we call [leg occasion in particular, and I spent the better part of [ion plant documents, okay? There were also, for example, [11] three days out there going through a definitive [i ii my database, there are lots and lots of files that [12] category of documents. I knew what I was looking for. [i2] relate to Hawks Nest, that relate to Glen Ferris, that [iso G: Ate there thousands of boxes there? [i30 relate to the Alloy plant, that type of thing, but Ii4j) A: 1 think so, yes. [i4j nothing that would correlate between those general [iso Q: And there is some sort of index that you [iso categories and the documents described in the letter. [i6j have created either for your own purpose or for the [ieo Q: Mr. King, did you or anyone at your [17] benefit of this facility that would tell you what is [i7i direction review the documents which you possess that [ieo generally found in each box? [ieo pertain to Hawks Nest or Glen Ferris to see whether [iso A: That's the manifest that I referred to. [iso any of the documents that I am seeking were mixed in [20] Q; And can you just give me an example of the pa] with them? [21] type of information or the quantity of information [2i] A: Well, as far as the documents that were in [zz] that would be located on this manifest as it would !(22g storage, no, because we didn't go out to the mine. As [290 relate to describing the contents of any given box? [290 far as the documents that are in my database, I looked [240 A: It's pretty basic. It's just like I said, [240 at the file headings, I looked at -1 mean I know [231 it's categorized by either the name of the person who [2so these documents, and I can tell you that there's MG&H, Inc. (412) 281-0189 Min-U-Scriptsi (7) Page 16 - Page 19 frauds A. King December 14, 2001 Estate or Lloyd Koons, Estate or Donald Kotay v. Union Carbide Corporation, et al Page 20 Page 22 [in nothing you are looking for that was in that, that [ig yellow pad or white pad that I had in front of me at m were in those documents, I am sure of that. m the time.There may be a name there that 1 would (go Q: You had described a certain category of (gq recognize but 1 didn't look for that. ho documents as being plant documents. Let me ask you HO Q: Did that individual ask you to make any El about the status of Elkem in regard to the Hawks Nest [5] search for these documents? leu and the Glen Ferris plant. Does Elkem have any [6] A: No. [70 interest in those plants at present? Pi Q; Is there anything else that you can recall [bo A: We own them. ibo about that conversation? (so Q: You still own them today? [&0 A: Just what 1 have told you. [io] A: Yes. [10] Q: The conversation that we had on the 6th, [i Q: Was there any effort made in response to my [11] which was before you were served with the subpoena in [120 subpoena to contact those plants to determine whether [12] this matter, during that conversation, it appeared to pao or not they possess any of these 39 cartons of [iGo me that 1 was on speakerphone and that Mrs. Kantor was [i4i] documents which I am seeking? [i4] in the room with you.Was that the circumstances? [iso A: No, I thought about that but then 1 thought [iq A: No, you were on the speakerphone but she [tie] 'Why bother," because these documents were sent [ibo wasn't there. [i7i specifically to Harry Fawcett according to the letter, [17] Q: 1 heard someone talking in the background. [iso they weren't sent to the plant, so there is no way [ibo Would that have been Mrs. Kantor? [iso that I can think of that those documents would have [iso A: She might have appeared in the doorway and pa] wound up at the plant. [2oo said something or whatever, I don't know. [21] Q: That involves an assumption on your part [2ig Q: I thought that during our conversation the [22] that Mr. Fawcett did not send them to the plants that [220 name, DeBor, was raised by you as the name of somebody [23] these documents pertain to; correct? pa] who may have contacted you about these documents. [24] A: I guess that's right.Yes. [24] A: Yes.You are right.You are right.And [25] Q: When I first spoke with Mrs. Kantor before [25] the reason I know that is because that's a name of a Page 21 Page 23 [ig she transferred me to you, she had indicated that she [1] person I know here in Pittsburgh, that was [2] had received a request three or four weeks earlier [2] coincidental. I believe his name was DeBor. [go than the conversation I had with her on December 6, a m Q: Was this a different conversation than the ho request for these documents from someone fromTexas. ho one you described to me? Hi And she believed that that person was acting on behalf [so A: No, I think he was the - he was probably [eg of Union Carbide. [eg the fellow that called me representing Union Carbide. [7o A: 1 don't think it was three to four weeks. [7] Q: Do you know whether you received more than [eg Very shortly before 1 talked with you, I received a [bo one call from cither Union Carbide or someone acting [s] phone call from a law firm in Texas that represented [8] on their behalf? [icq themselves as representing Union Catbide, inquiring ;[iq A: I believe just him [i i] about the same matter. Unfortunately, 1 didn't write [iig Q: So Mr. DeBor was the one that called you, [is] the fellow's name down.And I don't know who it was [iG] that contacted me but he did indicate that there was a [i20 asked you whether you knew where these documents were [iso and Mr. DeBor was the person who did not ask you to [i4]j trial that was imminent, and I don't remember the [i4o search for them? [iso court inTexas, and he asked me about these documents [iso A: 1 believe so, yes. lie] and 1 said I didn't have a clue as to where they might [ieo Q: Do you know or did he disclose to you, Mr. [i?o be, and if they even existed, and that was pretty much [i7o DeBor, that he was the DeBor that had signed this [ibo it, the conversation. [iBo letter addressed to Mr. Fawcett dated August 17,1981? [iso Q: Did you summarize your conversation with [ieo A: Wait a minute. Now, 1 am getting a little [2cq this person in the form of memo or did you take any [2Q] confused. DeBor is the name of the person on the [21] notes about it? [2ii letter; correct? [22] A: No. [zg Q: That's true. pa] Q: Do you have any information as to the [230 A: Maybe that's where I picked the name up. [24] identity of the person that called you? [240 I am going to rescind my testimony that that was the [25] A: I don't. I didn't go back and look at my [zso name of the fellow that called me. I am not sure Page 20 - Page 23 (8) Min-U-Scripl MG&H, Inc. (412) 281-0189 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL Francis A. King December 14, 2001 Page 24 Page 26 [ii about that now. m transpired during the conversation with counsel? [2] Q: Did Mr. DcBor indicate to you that he was a pi A: Well, I have told you just about everything m potential witness in the Union Carbide trial which iso 1 recall. But I believe Mr. DeBor identified himself Pt just occurred in Texas? pi said he was representing or he was working on asbestos [sg MR. HERSHEY: You are now attributing an [0 litigation for Union Carbide, and asked about old [eo understanding that he has testified he doesn't [eg records. I didn't have a copy of this letter m have, that is he no longer - p] obviously, in front of me at the time, asked me if we [6] Q: Let me rephrase get. Did Mr. DeBor OB] had any old records from Union Carbide relating to [so disclose to you that? [eg Hawks Nest and 1 said, "None that 1 am aware of." And [iog A: I am going to back up.And now it's coming (icq then as we talked for a few minutes, I said, 'Look, ini a little bit back to me. 1 wasn't paying a whole lot [ii] why don't you have your counsel call me and let's find [i2o of attention to this at the time that it happened [i2i out specifically what you are after.And if we can [iso because I was working on a project when these calls [iso help you, we will. If we can't, well, we can't." [i4] came in. 1 do now believe there were two calls. 1 [i4] Q; And then you were contacted by counsel? [iU think there was a call from possibly a Mr. DeBor who [iso A: Correct. [ieg indicated that he was calling on behalf of Union [ieq Q: And could you, as best you recall, describe [i7i Carbide and inquiring about these documents and then 1 [i7] the contents of that conversation? [i6] think there was a second call from a lawyer, because 1 [ieg A: I believe he asked me the same question, [ieg asked Mr. DeBor could I speak with the counsel and [isq "Do you have any of these records? We are starting an [20] then 1 the got a phone call from the counsel.That's pa] asbestos trial, Union Carbide is a defendant, do you [21] the way it happened, I recall it now. Okay. [21] have any knowledge of these kinds of records at all?" [22] Q: I didn't mean to interrupt you. (22) I said, "1 don't have a clue. 1 wouldn't even know pa] A: 1 recall now that there were two calls; one [231 where to begin looking for them." [24] was from a Mr. DeBor, 1 believe, and the second call [24] Q: And am 1 correct, Mr. King, that neither [2S| was from a lawyer who identified himself as [250 Mr. DeBor nor Union Carbide counsel asked you to Page 25 Page 27 [i] representing Union Carbide in an asbestos litigation [i] search for them? (3 in Texas. [21 A: 1 don't believe so. I don't recall them PI Q: So the first call that you received about [3]asking me to conduct any kind of search. Pi these documents was from Mr. DeBor? m Q: Did Mr. DeBor disclose to you his potential [5] A: That's my recollection.Yes. m involvement as a witness in the Texas litigation? [6] Q: And then you - teg A: No. Pi A: I know it was a layman; it was not a [7] Q: Do you have any knowledge as to whether PI lawyer. I think his name was DeBor. m there was any federal laws which would have required m Q: Is it your recollection that following or H Union Carbide to transfer these documents to Elkem in [icq during the conversation with DeBor, you requested to [icq association with the purchase of the Hawks Nest and [11] speak with an attorney? [ii] Glen Ferris facilities? (12) A: That's correct. [i2i A: Do 1 know if there were any federal laws [iso Q: Can you tell me - and then later, did you, [is] that require that? No, 1 don't. [i4] in fact, speak with an attorney representing Union [i4] Q: Do you know whether there are any federal m Carbide? [iq laws that would require the retention of these [16] A: That's correct. [ieg records? [17] Q: Can you tell me how much time elapsed [i7] A: No. [ie] between the two conversations? [ieg Q: Can we go off the record, please? m A: Not really. 1 think it was the same day. [ieg (Recess taken!) [2Q] Probably a couple of hours. po] BY MR. DELUCA: [2i] Q: For purposes of this record, 1 don't warn [2i] Q: Mr. King, I do have some more questions for [22[ to confuse the conversations or what statements were | [2] you, 1 am just looking for some general information [as] made by what party, so I apologize but can we just get [29] because 1 am having a hard time within my own mind [24] your recollection as to exactly what Mr. DeBor said to [24] understanding this Hawks Nest plant and Union Carbide [2] you and then we can get your recollection of what [231 and Elkem's interest in it. When Elkem purchased the MG&H, Inc. (412) 281-0189 Min-U-Script (9) Page 24 - Page 27 Francis A. King December 14, 2001 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL Page 28 Page 30 [ig Hawks Nest plant from Union Gaibide, do you know [i] for documents in ExhibitA and he has done that [2o whether that was a transaction that was negotiated by H and his familiarity with Elkem's affairs began in [go Elkem's legal department or whether there was outside [3o 1985, so he can answer your questions as fully as ho counsel involved? Hi he is able but his understanding of the facts iso A: It was outside counsel. m regarding Elkem and its properties really begins [so Q: Do you possess a file on that asset Hi in 1985. n purchase? [7] MR. DELUCA: Let me see if I can lay a os] A: Yes.We have -1 am reasonably certain [eg foundation. 1 am not trying to expand the scope m that there are files that were retired that would be [so of this. 1 think it relates to my ability to try [icq out at the mine but we also have a complete set of [icq to find documents. [i io documents in my office which are bound, all the basic [ii] Q: 1 don't know if there are any other [131 documentation of the transaction was bound. I think [iai documents that Elkem may have which would be relevant (i30 there is like nine or ten volumes ofthat transaction. [iso to my cases, but upon your employment with Elkem [i4] Q: Okay. And would that contain the purchase [i4] Metals, in preparation for undertaking your job, did [is] and sale agreement? [is] you have the occasion to review historical information [iso A: Yes. [16] about the Hawks Nest plant and the Hawks Nest tunnel? [i7] Q: And the deeds, title instruments, things [17] A: Before being employed, no. [ieo like that? [ieo Q: From the time that you have been employed [loo A: Yes. [19] by Elkem, have you undertaken any review of documents [2oo Q: And I would assume that prior to Elkem [2og which would give you some insight into the [21] purchasing that, they conducted some sort of title pi] construction of the plant or the construction of the [22] search to determine the legitimacy of the deed that [22i tunnel? [2Q0 Union Carbide was prepared to convey? [230 A: I would answer it this way. 1 have learned [24] A: Correct. [24] about the asset, 1 would call it, the hydro facility [25] Q: Would you have information relating to the [?5] simply by virtue of my work with the Federal Energy Page 29 Page 31 [i] title search in your possession in those volumes of [i] Regulatory Commission, for example, FERC, that plant (20 documents that you maintained? [20 and that facility are licensed by FERC, so there is a [30 A: It would be in there, yes. Esq great deal of information that you have to review and Hi Q: Do you know whether the Hawks Nest tunnel Ho provide when you are relicensing, we relicensed that [so was part of the purchase by Elkem of assets owned by p facility in 1987, so, 1 know a fair amount about it. [cq Union Carbide? [eg Q: Let me see if I understand, and if 1 am [7] A: Yes. [7] incorrect in any regard, please let me know that, [bo Q: Does Elkem currently own the Hawks Nest m I am sure you would, n tunnel? p] A: Okay. [ieo A: Yes. [iog Q: This plant. Hawks Nest plant, was regulated [iig Q: And that was something that they purchased '[ii] by the FERC? [i2i from Union Carbide? HZ] A: Correct. [is] A: Yes. m Q: And when Elkem purchased this plant from [i4] Q: And you have documents relating to that? [i4] Union Carbide, the transaction had - the transaction [is] A: Yes. rtgj was also regulated by FERC? [ieo Q: And would there be a title search for that, lieq A: Well, it was regulated in the sense that [i7i as well? [i7] it's a licensed facility, it was a licensed facility [lag A: I assume so. [ieo by FERC in 1981 and that license had to be transferred [iso Q: Can you tell me what you know about the [ieo from Union Carbide to Elkem. And that was done.And [zcq Hawks Nest plant and the construction of Hawks Nest [20] then - but the licence ran out in 1987, and it was [2i] tunnel, just generally? pi] relicensed in 1987 for 30 years. [220 MR. HERSHEY: This goes pretty far beyond P2i Q: By Elkem? [23] the subjects covered in the request for documents [230 A: By Elkem. [24(i and Mr. King's search for the documents requested [24] Q: I apologire for asking this but licensed [Z5o in the subpoena. He was asked to search and look PS! for what, sir? Page 28 - Page 31 (10) Min-U-Script MG&H, Inc. (412) 281-0189 xaiumv \/i uuju nvuiB) laUHC U11W1HIU liOUiy V. Union Carbide Corporation, et al Francis A. King December 14,2001 Page 32 Page 34 in A: Well, any hydroelectric facility in the [i] would have to safely say we do business with them. m United States that's on a navigable body ofwater has H Q: I apologize if I covered any part of this m to be licensed by the Federal Energy Regulatory (30 question earlier but you had referenced that you HD Commission and it's a very cumbersome process, it's a Ho possess files pertaining to Hawks Nest, your own [Sl very time consuming process and it involves a whole [so personal files? (eg lot of input from various federal agencies and it goes [eo A: Correct. [to onto a docket for comment by the public, for comment Pi Q: What types of documents would be contained M by interested parties, for protests, for example, by (eo within your Hawks Nest file? [so interested parties, and FERC is required to conduct, [eo A: Mostly the licensing files with FERC, and (loo do an investigation ofthe need for the project, the [ico die ongoing responsibility or compliance with that [no continuing need for the project, and to field input ini license would be in those files. We have had a couple [i20 by, for example, the Fish and Natural Wildlife Agency, [izi of incidents involving the project.There was a [iso and all other interested parties, and conduct, really, [100 drowning a couple years ago that resulted in a [i40 a very, very sophisticated investigation as to the [i4] lawsuit.There would be files relating to updating [isi need for the project. [is] the facility, itself, by you know, spending projects [i60 If they are satisfied that the project [leg to refurbish turbines and that type of thing, just a [i70 represents the best and highest use for the navigable [i7o whole host of different typical business projects that [180 water, in this case the New River in West Virginia, [ieo surround a project like that. [iso then they will grant the licence for a hydro project. [i8j Q: How long has Elkem been in business, sir? [2oo If they are not convinced, they will turn it down, [zcq MR. HERSHEY: Which Elkem? pi] Q: If I wanted to learn more about the pi] Q: Well, that's a bad question. [22i obligations ofthe license holder, there would be a [22i A: In the U.S. Elkem was in business in a [23] statute on point that would address that? [200 small way prior to 1981. The main business started [240 A: Yes.Therc would be.There is a large [24] with the purchase of the metals division from Union [25] body of statutory law and regulations, primarily [Z5o Carbide in 1981. Page 33 Page 35 i.ii regulations that govern how you license a [i] Q: And this is a Norwegian entity, the parent pi hydroelectric project.The licence, itself, that's I2i company? [3t granted by FERC is usually the document that contains [9] A: Yes. M all the restrictions on the use ofthe project. ho Q: The parent company is from Norway? [5] Q: Okay. And once a license has been granted, [so A: Correct. [6o it's generally valid for 30 years? [eg Q: And they have been in business for a long [7] A: It depends. Ours went for 30 years. I Pi time? [bo think the norm right now for FERC is 30 years. [eg A: I think they go back to the early 1900's, [eo Q; Are there ongoing inspections or iso MS. ROMANO: I didn't hear that. m responsibilities under that statute? | [iog A: I think they go back to the early 1900's. [ii] A: Under the licence, itself? [ii] Q: Would you happen to know whether Elkem has [i2i Q: Under the licence. ili2] a company historian or anything like that? [13] A: Yes. [100 A: I don't know the answer. But I am certain [14] Q: May I ask, sir, whether Elkem Metals [i4] that there is a lot of history of the company that's ns] currently does business with Union Carbide in any way? Hsu recorded. [leg A: That's a good question. It's not Union m Q: Where would it be recorded? [i7i Carbide anymore it's now Dow Chemical. Union Carbide [i7] A: In Norway. [leg was merged with Dow Chemical. [iog Q: In Norway. Do you know whether Elkem has [iso Q: Yes, sir. [iso put out a brochure, commemorating an anniversary or peg A: But, I am sure we do.We have done [2og something like that that would show its corporate pig business with Union Carbide over the years buying and pi] history? [22i selling different materials. 1 am currently in a [22] A: I don't know. [200 project with Union Carbide, a legal project, involving [23] Q: Do you know whether Elkem ever published [240 the former Portland, Oregon facility where we share [24] any materials such as a brochure or anything else, for [250 responsibility on an environmental issue.Yes. I [2sg that matter, specifically with regard to its purchase MG&H, Inc. (412) 281-0189 Min-U-Script (11) Page 32-Page 35 Francis A. King December 14, 2001 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL Page 36 [i] of Hawks Nest from Union Carbide? [20 A: I doubt that there is anything specifically m related to Hawks Nest. I am not aware of any. ho Q: Finally, sir, I would like to just look at [5] some of the different categories of documents which [60 are described in the attachment to Mr. DeBor's letter [to ofAugust 17,1981 which is part of the subpoena which ib) is Deposition Exhibit 1 .There are some - and you is] have had a chance to review this, so, I think we can [icq go through this quickly. [i i] There are some references to licenses, [i?l there are some references to land and water rights, [is] there are some references to -1 believe there were [i4o some references to deeds.Would those typically be, fisii documents, licenses, deeds, would those be the types [ieg of documents that you would retain based upon your [i7] records retention policy? [iag MR. HERSHEY: Can you point to any specific [ieg item on the list that you are referring to? [2cq Q: Well, sure. For instance, these documents pi] itemize the 39 cartons referenced in Mr. DeBor's [zz] letter and then the last few pages appear to be a more [2og in depth description of documents that were contained [240 in carton 30 and 31 .Just looking at the box No. 1, [29] cartonNo.l, it says, "Project 2512,West Virginia, Page 38 [i] Q: Old licenses and things like that? 13 A: IJh-huh. ran Q: That would show the history of H] A: Well, simply because that license was in iso existence when the transfer took place in 1981, so [60 obviously, it would be part ofthe turned over or [7] turned over papers to us. [eg Q: And sir, as far as documents like in carton [so 14, blueprints, and 1 understand that that is somewhat [icq vague but also references to land and water rights and [ii] engineering specifications, those would also be (i3 documents that would be useful for Elkem to retain [iao being that they purchased this power plant? [i4o MR. HERSHEY: Are you asking whether they [isg were retained or whether in the abstract it would [ieg be advisable to retain them. [17] MR. DELUCA: 1 think my question is in the [ieo abstract whether it would be advisable. [13 A: Well, to the extent that these general [2cq descriptions would relate to dimensions of a project, [2ig for example, the sire of the tunnel, the depth of [23 concrete in the dam, that type of thing, certainly [23 they are the kinds of records that Elkem would need to [24] have in order to know what it had received and whether [25g there were any problems with what it had received in Page 37 Page 39 [ig Hawks Nest, two folders." Then it says in parens, [ii the way of assets.Whether those documents exist Hi "(Federal Power Commission License.)" Would a Federal m Power Commission license be the sort of document that 13 separately from this list here, 1 would expect that [ao information ofthat type does exist separately from ho Elkem would retain? HO the 39 cartons that are described in this letter. [S] A: Yes. 13 Q: Would I be correct, sir, that to the extent [eg Q; And there wouldn't be any set time for the ieq there were any laws or regulations which would require [to disposal of those types of documents like licenses? Pi Elkem to maintain such documents, that Elkem would in [eg A: 1 doubt it. (bo fact, comply with those laws? [so Q: And then carton 2 says, "Application, [ao A: Sure. [ion licenses, & workpapers" and it gives a range horn 1940 [ico Q: Sure. Okay. And finally, sir, may I [ii] to 1952.Again, based on your understanding, those [ii] request from you that you just make a call or check at [i3 were the types of documents that Elkem would want to [iso retain? [13 the plant level at Hawks Nest or the Glen Ferris plant [13 for these documents, as you told me earlier that's [140 A: Probably, yes. [i4] something that you didn't do. [i3 Q: And that's your understanding as general [isg MR. HERSHEY: And you are talking [is] counsel? [ieo specifically about the 39 cartons? That's what [i7] MR. HERSHEY: Your question refers to the [i7i we were asked to do. [ieo licences as opposed to the workpapers and so [ieo MR. DELUCA: Yes, sir, the 39 canons [ieo forth? I [13 and/or the contents thereof. [2cq MR. DELUCA: That's true. [2cq MR. HERSHEY: Yes, well, the question is [2i] A: Probably, yes.Yes. But let me state [2ig whether Mr. Fawcett might have sent any of the [23 this, if 1 can. I would guess, that at least the [23 canons to the plant, as opposed to disposing of [23 documents that are described in paragraph No. 1 there [230 them either in his office or later having them [240 are probably in the binders that 1 am talking about [24] disposed of in the mine.We are looking for the (?3 that are in my office. [25] 39 cartons. Page 36 Page 39 (12) Min-U-Script MG&H, Inc. (412) 281-0189 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL Francis A. King December 14, 2001 Page 40 [ig MR. DELUCA: Are you representing your PI search is ongoing? m MR. HERSHEY: No, we have made a search and ft the only area of search that you have suggested iso that Mr. King might pursue further is to check [60 with the plants, right? [7i MR. DELUCA: Yes, sir.And also to the ft extent that any of the documents here may have [9] wound up in those binders, 1 would request those [icq also. [ii] MR. HERSHEY: You want the binders? Well, [ig the binders weren't in the cartons. [iao A: The binders that 1 referred to, they are [i4] bound volumes of all the documents that represented [iso the transaction between Elkem and Union Carbide that [leg took place in 1981. [i7i MR. HERSHEY: They don't fall within your [ieg subpoena. [iso MR. DELUCA: The reason I said that is that [zco he earlier said as to one particular category of [21] documents that "that's something that might be in 122} my binders." [23] MR. HERSHEY: That kind of a copy of that [24] document might be in the binders but the binders psj were not in the 39 cartons which were the Page 4B [ig I would have expected to be done. So 1 am simply PI asking that a search be made by Elkem to Pl determine whether any of the these 39 cartons or ft the documents thereof might be located at the [5] plant level. Is that fur? [eg MR. HERSHEY: Yes. [7] MR. DELUCA: Off the record. Pl (Discussion off the record.) m BY MR. DELUCA: [id] Q: Just a few more questions. Mr. King.As [ii] general counsel to Elkem Metal, I am sure that one of [121 your responsibilities is to ensure that Elkem complies [iao with any federal or state laws that affect their [i4] business? [is] A: Hopefully. [is] Q: Hopefully. Certainly that would be your [17] goal. And I would just like to turn you to the last [iB] several pages of this - actually, it's the last three [ieg pages which purports to be an itemized listing by peg carton of documents shipped to Elkem by Union Carbide pi] pertaining to Hawks Nest and Glen Ferris and that P2] would be the itemization of carton 30 and 31, the last pa] two pages.And p4] A: Okay. pq Q: And my question to you would be, as general Page 41 Page 43 [i] documents that are the subject of your subpoena. ' [i] counsel of Elkem Metal, are you aware of any federal H You want the 39 cartons. [3] MR. DELUCA: We can talk about the binders ft at a later date. I understand that he is here [3 or state laws that would require you to keep these E3] specific documents, and I want to go through them ft category by category, very briefly. [s\ only in response to the subpoena. PI A: Okay. [eg MR. HERSHEY: 1 want to nuke it clear that [eg Q: And if there wasn't a federal requirement, [7] Mr. King has complied with the subpoena, ft MR. DELUCA: I don't suggest that he [7] then whether you would expect to have those in your PI files or not.The first one is 3.61, "Incorporation - [9] didn't. 1 am only requesting that as a final PI Committee on New Kanawha Power Company.Affair [iog step in searching for these documents that he [iog Dissolution - Reorganization of Power Department." [ii] contact the plant level because he indicated he [11] Are you aware of any federal or state law which would [i3l didn't do that. [12] require Elkem to main those documents? [100 THE WITNESS: Right. 1 can do that [is] A: No, lam not. [i4] MR. DELUCA: And you will agree to that? [i4] Q: In the absence of such a law, those would [iso MR. HERSHEY: Yes. I just want to make it [iq be documents that you wouldn't necessarily keep? [ieg clear as to what he is supposed to ask when he [ieg A: No. 1 don't know what the New Kanawha [H7j contacts the plant.And the question he will [iTi Power Company was, to be honest with you. [ieg ask, in order to comply with the subpoena, is [ieg whether to the knowledge of anybody at the plant, m Q: 3.612,"Financialestimates-1927through [ieg 1937.Yearly and monthly research projects. Retarded poo any of the 39 cartons wound up at the plant and peg construction program. Construction budgets." Am I pi] if so, the documents in those cartons will be pi] correct, sir, that you are not aware of any federal or [22] produced. pzi state legal requirement to keep those types of peg MR. DELUCA: You know, 1 think that's fair [24j but I don't want to get bogged down in a matter ps] where due to semantics something isn't done that P3g records? P4g A: No, I am not. pq Q: And accordingly, you wouldn't necessarily MG&H, Inc. (412) 2S1-0189 MiohU-ScriptS (13) Page 40 - Page 43 Francis A. King December 14, 2001 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL Page 44 [1] expect to have those in your files? [2] A: That's right. m Q: 3.6120, "Invoices and Requisitions," to the Hi extent that that identifies anything, you would be 151 unaware of federal or state law on point that would [eg require you to keep those? Pi A: That's correct. [bq Q: And again, it would appear looking at the Hi top of this page that anything in the 3.6 range would [icq pertain to the New Kanawha Power Company now Electro [iig Metallurgical Company? [i2j A: That's correct. [191 Q: As to 3.6121, "Payroll - Expense Accounts [H] Employment Personnel, 3.61210, Work Orders," again, [iso you would be aware of no federal or state law which [iq would require you to maintain those documents? [i7] A: No. [icq Q: 3.62, "Applications for Positions. [iso Positions in other Companies, 3.63,Weekly Reports [2qj Construction, etc. See Book, 3.64, Plant Balance [21] Sheet and Summary of Charges to Operation, [22Q Miscellaneous Financial. Cost ofWest Virginia poo plant.Accounting instructions. Property [240 accounting." Again, sir, you would be unaware of any [25] federal or state law which would require you to [i] at this time, Mr. Hershey, but just to let you H know, I am just going to go through the rest of [00 these documents and as we get a little bit ho further on here, that's where my major interest [5] lies, and then I will be finished. 1 am not m suggesting anything at this point. I am just Pi trying to m MR. HERSHEY: So it's not your position iso that there is a federal law that requires the [ion retention of these documents? [ii] MR. DELUCA: 1 don't have a position on [iq that matter. 1 don't have a statute to hand you [100 right now, either. [i4] MR. HERSHEY: Well, your questions have [is] that premise and [16] MR. DELUCA: I would tell you that, and 1 [17] don't have the pages to give you for now, but [ieo it's my understanding that it was suggested by [ig] Union Carbide that such a statute existed.And [20] that's all lean say at this time on the matter. [2ig I am not suggesting that that's true or false at [221 this point. 1 am just trying to discover what [20] the facts may or may not be. [34] BY MR. DELUCA: [25] Q: Picking right up where we left off, Page 46 Page 45 Page 47 no maintain those documents? [i] 3.692, "SILICOSIS," 3.6921, "Industrial Hygiene in p] A: I don't know of any such law, no Pi Tunnel Work. Mortality statistics 1936 study." Mr. [ad Q: In the absence of any such law, you would [0] King, as general counsel to Elkem Metals, are you [4] not expect to find these in your files? ho aware of any federal or state laws or regulations [so A: That's correct. [so which would require Elkem to maintain those documents? (so Q: 3-69, "General - Medical Services - [6] A: No, I am not. in Sanitation. For housing see 3.90," 3.690, "Insurance Pi Q: 3.69211,'TunnelVentilation-Catbon [eg - Surety Bonds, etc." Sir, are you aware of any m Monoxide - Landis," 3.69212, "Rinehart and Dennis [eg federal or state law which would require you to [eg Fatal Accidents," 3.69213, 'Won-Fatal Accidents - [icg maintain these documents? [icq McClintic Marshall." Mr. King, as general counsel of [ii] A: No. [i ig Elkem Metals, are you aware of any federal or state [izj Q: 3.691, "Rates - Public Service Commission - [i2i laws or regulations which would require the [iso Typical Rates inWest Virginia - Sales of Power - Sale [iq maintenance of those documents? [i4] of Boomer Electric to Appalachian E.P. Company. (See [14] A: No, lam not. [iso also 3.702,1930-34." Again, sir, you would be [is] Q: 3.69214, "Insurance - Compensation," [iso unaware of any federal or state law which would [leg 3.69218,"Silicosis Literature-Discussions- m require you to maintain these documents? [i7i Addresses - Committee Societies," 3.6922, "Suits." [ieo A: 1 don't know of any. [iso MR. HERSHEY: Can 1 ask whether in this [ieo Mr. King, as general counsel to Elkem Metals, are you [iso aware of any federal or state laws or regulations [20] matter, it's the position of the plaintiff or any [20] which would require the retention or maintenance of [21] party that Elkem had an obligation to retain any [22] category of document here? And then we can focus [2ig those types of documents? (220 A: No, I am not. [2qq on that and see whether those documents have been pa] Q: 3.6922), "Summons - Silicosis Suits," [34] retained. [25] MR. DELUCA: 1 can't address that question [34] 3.69221, "Attachments, Silicosis Suits," 3-69222, pa] 'Trials, Silicosis Suits -Testimony- Briefs - Page 44 - Page 47 (14) Min-U-Strjpt MG&H, Inc. (412) 281-0189 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL Francis A. King December 14, 2001 Page 48 m Experts." Mr. King, as general counsel of Elkem [i] are reserved for time of trial' [2] Metals, are you aware of any federal or state laws or 12] MR. DELUCA: That's an assumption that you [9] regulations which would require the retention of [30 made at your peril at the outset. Hi maintenance of those types of documents? H] MS. ROMANO: At this time 1 would object to [31 A: No, I am not. 13 any line of questioning that had to do with m Q: 3.62222, "Lilly & Lilly," 3-692227, m "Records of Plaintiff's, Silicosis Suits.Work [8] Records," 3.692228, "Mr. Davis' notes on Silicosis m Suits." Mr. King, as general counsel of Elkem Metals, m are you aware of any federal or state laws or tug regulations that would require the maintenance or [13 retention of these documents? [ion A: No, I am not. [i4(i Q: We are almost done, sir. 3.692229, [is] "General Material UnderTrial of Silicosis Suits. [leg List of Suits," 3.6928, "Insurance in Connection with [i7] Silicosis Suits.Accounting," 3.69281, "Fees, Expert [ifl] Testimony, Silicosis Suits." Mr. King, as general [is] counsel to Elkem Metals, are you aware of any federal [20] or state laws or regulations which would require the [eg obtaining hearsay evidence, inadmissible hearsay [7] evidence. (so MR. DELUCA: Anyone else? Mr. King, Mr. [ag Hershey, thank you for coming here today. [icq MR. HERSHEY: We'll waive signature. [iig MS. ROMANO: 1 would also cite the Rules of [123 Civil Procedure on format for depositions with [isg regard to objections. [i4] MR. DELUCA: Which rule of civil (13 procedure? (leg MS. ROMANO: 1 don't have that with me [17] right now. I will provide it. (ieo (Thereupon, at 11:17 o'clock a.m.,the m deposition was concluded and signature was peg waived.) [21] retention or maintenance of these types of documents? (23 A: No, 1 am not. [23] Q: 3.6929,"General-Rocks Samples," 3.69291, [24] 'Newspaper Clippings, Silicosis Suits. 1936 magazine [250 and Newspaper Publicity." Sir, as general counsel to [1] CERTIFICATE PPMMONWEALTH OF PENNSYLVANIA,) ) SS: PpUNTY OF ALLEGHENY. ) Hlpolleen O'Brien Adams, do hereby eerily that Page 49 [ig Elkem Metals, are you aware of any federal or state H laws or regulations that would require the maintenance m or retention of these types of documents? Hi A: No, I am not. [sg Q: Sir, those are all the questions 1 have for before me, a Notary Public to and for the Commonwealth Hloresakj, personally appeared FRANCIS A.KING, who then was by me first duly cautioned and sworn to fcptty the truth, the whole truth, and nothing but the truth In the taking of his oral depositor in the Rues aforesaid; that the testimony then given by him as above set forth was by me reduced to stenotypy [eg you.Thank you. (BOthe presence ot aakf wlness, and afterwards [7] MS. ROMANO: To the extent that any [eg documents are produced by Elkem entities or any [sg other source we assert an attorney-client [icg privilege on behalf of Union Carbide as [iig applicable to the documents. [i2g MR. DELUCA: I will respond to that [isg objection or claim of privilege at the time any [i4o such documents are produced.And I would just transcribed by means ot computer-aided transcription. [80 I do further eerily that this deposllon was [Kfcen at the time and place In the foregoing caption speclled, and was correlated without adjournment. [ft] I do further eerily tint I am not a relative, treunsel or attorney ot either party, or otherwise Interested In the event of this action. [iso simply state that if these documents were truly [100 [iso privileged you wouldn't have been giving them to [i7] other folks. [leg MS. ROMANO: And secondly [iso MR. DELUCA: Excuse me, and that the [2cq production of these documents to other parties is [2ig a waiver of any privilege that attaches to them [23 or had attached to them. IN WITNESS WHEREOF, I have hereunto set my hand [tta(id erftixed my seel of offbe at Pittsburgh, Pennsylvania, on this day ot, [fflgoi. [is] [17] Colleen O'Brien Attorns, Notary Public [180 in and tor the Commonwealh of Pennsylvante [23 MS. ROMANO: I also am assuming that the [34] standard reservation of objections as to form are (23 declared - any objections other than as to form kty commission exptaes Novenber 19,2003. m [20] Page 50 Page 51 MG&H, Inc. (412) 281-0189 Min-U-Script (15) Page 48 - Page 51 Lawyer's Notes estate ox uoya noons, nsiaie oitwnaia noiay v. Union Carbide Corporation, et aL Francis a. rung December 14, 2001 1 1 4:3,6; 10:23; 36:8,24, 25; 37:23 11:17 50:18 1438:9 178:4,15:11:9,24; 13:23; 23:18; 36:7 1900's 35:8,10 1927 43:18 1930-3445:15 1936 47:2; 48:24 193743:19 1940 37:10 1952 37:11 1981 6:4,5,24; 8:4; 11:9; 13:23; 18:25; 23:18; 31:18; 34:23,25; 36:7; 38:5; 40:16 1984 6:21 1995 5:18; 10:17,20; 30:3,6 198731:5,20,21 1996 15:13 2 2 14:18,19; 37:9 2001 4:2 2512 36:25 3 3.6 44:9 3.61 43:8 3.612 43:18 3.6120 44:3 3.6121 44:13 3.61210 44:14 3.62 44:18 3.62222 48:6 3.63 44:19 3.6444:20 3.69 45:6 3.600 45:7 3.691 45:12 3.60247:1 3.6021 47:1 3.69211 47:7 3.69212 47:8 3.60213 47:9 3.6921447:15 3.69218 47:16 3.6922 47:17,23 3.69221 47:24 3.60222 47:24 3.602227 48:6 3.692228 48:8 3.602229 48:14 3.6928 48:16 3.69281 48:17 3.6029 48:23 3.69291 48:23 3.702 45:15 3.90 45:7 30 6:5; 31:21; 33:6,7,8; 36:24; 42:22 31 36:24; 42:22 39 8:19; 20:13; 36:21; 39:4,16,18,25; 40:25; 41:2,20; 42:3 6 6 4:23; 21:3 6th 22:10 7 7 4:1; 5:24; 15:13 8 80's 6:3 86 15:21 9 9615:24,25; 16:3 97 15:24,25; 16:3 A a.m 50:18 a/s 12:5 Aaron 3:9 ability 30:9 able 13:25; 30:4 absence 43:14;45:3 abstract 38:15,18 Accidents 47:9,9 according 20:17 accordingly 43:25 Accounting 44:23,24; 48:17 accounts 9:18; 18:2; 44:13 acting 21:5; 23:8 actual 6:5 actually 6:21; 10:15; 42:18 address 10:10; 32:23; 45:25 addressed 8:15; ll:ll; 15:4; 23:18 Addresses 47:17 advisable 38:16,18 Affair 43:9 affairs 30:2 affect 42:13 MG&H, Inc. (412) 281-0189 Again 37:11; 44:8,14,24; 45:15 against 3:10; 4:13 agencies 32:6 Agency 32:12 ago 34:13 agree 4:21; 41:14 agreed 6:19 agreement 6:6; 28:15 Alabama 6:12,17,18 Alcoa 10:19 Alloy 6:11; 7:2,24; 19:13 almost 48:14 along 4:2; 12:23 among 19:5 amount3l:5 and/or 39:19 anniversary 35:19 answered 5:2 anymore 33:17 apart 13:9 apologize 25:23; 31:24; 34:2 Appalachian 45:14 appear 36:22; 44:8 appeared 22:12,19 applicable 9:11,22; 49:11 Application 37:9 Applications 44:18 appreciate 3:11 area 14:3; 40:4 arrangement 11:25 asbestos 3:11; 25:1; 26:4,20 Ashtabula 6:11 assert 49:9 asset 6:8; 28:6; 30:24 assets 6:9,9; 7:3; 29:5; 39:1 assistant 9:7; 15:6 associated 7:24; 13:20 association 27:10 assume 28:20; 29:18 assuming 49:23 assumption 20:21; 50:2 attached 5:23; 49:22 attaches 49:21 attachment 36:6 Attachments 47:24 attempt 3:23; 8:9 attention 24:12 attorney 5:3; 25:11,14 attorney-client 49:9 attributing 24:5 August 8:4,15:11:9,24; 13:23; 23:18; 36:7 aware 26:9; 36:3; 43:1, 11,21; 44:15; 45:8; 47:4, 11,19; 48:2,10,19; 49:1 B back 7:15; 14:11; 21:25; 24:10,11; 35:8,10 background 22:17 bad 34:21 Balance 44:20 based 19:6; 36:16; 37:11 basic 17:24; 28:11 basically 16:25 became 12:20 began 30:2 begin 26:23 begins 30:5 behalf 4:12; 8:11; 21:5; 23:9; 24:16; 49:10 benefit 17:17 best 26:16; 32:17 better 17:10 beyond 29:22 binders 37:24; 40:9,11, 12,13,22,24,24; 41:3 Birmingham 6:13,17 bit 24:11; 46:3 blueprints 38:9 body 32:2,25 bogged 41:24 Bonds 45:8 Book 44:20 books 13:17 Boomer 45:14 both 9:15; 11:7 bother 20:16 bound 28:11,12; 40:14 box 17:18,23; 36:24 boxes 9:3; 17:7,13; 18:11,16,19:9 briefly 8:17; 43:4 Briefs 47:25 bring 18:4 broad 9:17 brochure 35:19,24 budgets 43:20 Building 10:23 business 6:2; 11:1; 12:16,18,21; 33:15,21; 34:1,17,19,22,23; 35:6; 42:14 Butler 9:14; 16:19 buying 33:21 c call 4:25; 5:7; 19:9,9; 21:9; 23:8; 24:15,18,20, 24; 25:3; 26:11; 30:24; 39:11 called 3:2; 8:16; 10:22; 11:5; 12:4; 21:24; 23:6,11, 25 calling 24:16 calls 24:13,14,23 came 15:10; 24:14 Can 6:1,22; 11:21; 12:2, 13,19; 15:10,20; 16:2; 17:6,20; 19:25; 20:19; 22:7; 25:13,17,23,25; 26:12; 27:18; 29:19; 30:3, 7; 36:9,18; 37:22; 41:3, 13; 45:19,22; 46:20 Canada 6:20 capacity 14:8 Carbide 3:11; 4:14; 6:3, 8,24; 7:22; 21:6,10; 23:6, 8; 24:3,17; 25:1,15; 26:5, 8,20,25; 27:9,24; 28:1, 23; 29:6,12; 31:14,19; 33:15,17,17,21,23; 34:25; 36:1; 40:15; 42:20; 46:19; 49:10 Carbon 47:7 card 11:1,4 cards 11:6 carton 36:24,25; 37:9; 38:8; 42:20,22 cartoned 16:18 cartons 8:20; 20:13; 36:21; 39:4,16,18,22,25; 40:12,25:41:2,20,21; 42:3 case 32:18 cues 3:11; 4:13; 30:13 categories 9:17; 14:23; 19:8,15:36:5 categorized 17:25 categorizes 9:15 category 9:1,5,10,17; 15:1; 17:12; 20:3; 40:20; 43:4,4; 45:22 ceased 12:15,17,21 certain 6:13; 16:16,21; 20:3; 28:8; 35:13 certainly 38:22; 42:16 certified 3:3 chance 4:8; 5:22; 18:4; 36:9 changed 12:16,17 Charges 44:21 check 9:8,12; 39:11; 40:5 checked 14:13; 15:6; 16:12 Chem 11:5; 12:5 Chemical 33:17,18 Chemicals 10:22 circumstances 22:14 cite 10:9; 50:11 Civil 50:12,14 claim 49:13 claims 3:10 clarification 4:11 clear 16:15; 41:6,16 Cliff 10:23 Clippings 48:24 closing 6:5; 11:24 clue 21:16; 26:22 Min-U-Scfiptsi (1) 1 - clue Frauds A. King December 14, 2001 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL coincidental 23:2 coming 3:12; 24:10; 50:9 commemorating 35:19 comment 32:7,7 Commission 31:1; 32:4; 37:2,3;45:12 Committee 43:9; 47:17 companies 11:17,17; 12:23; 44:19 Company 3:17; 10:21, 25; 11:3,14; 12:2,9,24; 13:3; 35:2,4,12,14; 43:9, 17; 44:10,11; 45:14 Compensation 47:15 complete 28:10 completed 6:4 compliance 34:10 complied 41:7 complies 42:12 comply 39:8; 41:18 concluded 50:19 concrete 38:22 conduct 27:3; 32:9,13 conducted 28:21 confidential 11:19 confuse 25:22 confused 23:20 connected 5:4,5 Connection 48:16 consisted 6:10,15 construction 29:20; 30:21,21; 43:20,20; 44:20 consultant 10:21; 14:9 consuming 32:5 contact 4:22; 8:14; 13:12, 20;20:12;41:11 contacted 4:23; 21:13; 22:23; 26:14 contacts 41:17 contain 28:14 contained 34:7; 36:23 contains 33:3 contents 17:23; 26:17; 39:19 continuing 32.li conversation 21:3,18, 19; 22:8,10,12,21; 23:3; 25:10; 26:1,17 conversations 25:18,22 convey 28:23 convinced 32:20 cooperation 4:18 copy 14:15; 18:4; 26:6; 40:23 corporate 13:16,17; 35:20 Corporation 3:11; 6:8; 12:4,7 corporations 12:8 correlate 19:14 correspondence 13:18 Cost 44:22 counsel 3:16; 5:20; 13:6, 8; 24:19,20; 26:1,11,14, 25; 28:4,5; 37:16; 42:11; 43:1; 47:3,10,18; 48:1,9, 19,25 couple 25:20; 34:11,13 court 21:15 covered 15:7; 29:23; 34:2 created 17:16 cumbersome 32:4 currently 29:8; 33:15,22 D dam 38:22 database 9:8,9; 15:6,10, 23; 16:4,9; 19:11,23 date 6:5,20; 41:4 dafed 4:1; 8:4; 11:9,24; 23:18 Davis 48:8 day 25:19 days 17:11 dead 8:23 deal 31:3 DeBor 8:5; 22:22; 23:2, 11,13,17,17,20; 24:2,8, 15,19,24; 25:4,8,10,24; 26:3,25; 27:4 DeBor's 36:6,21 December 4:1,23; 5:24; 21:3 declared 49:25 deed 28:22 deeds 28:17; 36:14,15 defendant 26:20 definitive 17:11 delivers 9:16 DELUCA 3:6,9; 4:15,21; 7:13,15,17; 27:20; 30:7; 37:20; 38:17; 39:18; 40:1, 7,19; 41:3,8,14,23; 42:7, 9; 45:25; 46:11,16,24; 49:12,19; 50:2,8,14 Dennis 47:8 department 4:23; 5:10, 14; 9:8; 15:7; 16:5,8; 28:3; 43:10 departmental 9:9; 15:7 depends 33:7 deposed 3:4 deposition 3:20; 4:2,3, 6; 14:18,19; 36:8; 50:19 depositions 50:12 depth 36:23; 38:21 describe 5:15; 8:10,17; 26:16 described 19:15; 20:3; 23:4; 36:6; 37:23; 39:4 describing 17:23 description 18:16; 36:23 descriptions 38:20 destroyed 14:25; 16:24 destruction 16:24 determine 8:6,9,12; 13:21; 20:12; 28:22; 42:3 differ 11:8 different 11:14; 23:3; 33:22; 34:17; 36:5 dimensions 38:20 direction 18:23; 19:17 disclose 23:16; 24:9; 27:4 discover 46:22 Discussion 7:14; 42:8 Discussions 47:16 disposal 37:7 disposed 39:24 disposing 39:22 Dissolution 43:10 division 6:7; 7:22; 34:24 docket 32:7 document 33:3; 37:3; 40:24; 45:22 documentation 28:12 documents 5:23; 8:2,7, 12,20; 9:2,6,13,14,19; 10:3,5; 13:17; 14:23,24; 15:1,3; 16:3,12,16; 17:9, 12; 18:12,19,25; 19:4,6, 9,10,15,17,19,21,23, 25; 20:2,4,4,14,16,19, 23; 21:4,15; 22:5,23; 23:12; 24:17; 25:4; 27:9; 28:11; 29:2,14,23,24; 30:1,10,12,19; 34:7; 36:5,15,16,20,23; 37:7, 12,23; 23,24; 30:1,10, 12,19; 34:7; 36:5,38:8, 12; 39:1,7,13; 40:8,14, 21; 41:1,10,21;42:4,20; 43:3,12,15; 44:16; 45:1, 10,17,23; 46:3,10; 47:5, 13,21; 48:4,12,21; 49:3, 8,11,14,15,20 done 8:8; 15:17; 30:1; 31:19; 33:20; 41:25; 42:1; 48:14 doorway 22:19 doubt 36:2; 37:8 Dow 33:17,18 down 21:12; 32:20; 41:24 drowning 34:13 due 16:17; 41:25 duly 3:3 during 22:12,23; 25:30; 26:1 E E.P 45:14 earlier 21:2; 34:3; 39:13; 40:20 early 6:3; 35:8,10 effort 18:10,15; 20:11 efforts 15:20; 16:2 either 17:16,25; 23:8; 39:23; 46:13 elapsed 25:17 Electric 45:14 Electro 44:10 Elkem 3:17; 4:24; 5:11, 16; 6:2,6,19,23; 7:21; 8:6,11; 10:14,16,17,22, 22; 11:2,5,11,14,20,21, 22,25; 12:1,5,6,9,11,13, 15,20,22,24; 13:10,12, 21; 14:8; 15:15; 17:7; 20:5, 6; 27:9,25; 28:20; 29:5,8; 30:5,12,13,19; 31:13,19, 22,23; 33:14; 34:19,20, 22; 35:11,18,23; 37:4,12; 38:12,23; 19,22,23; 33:14; 34:19,20,22; 35:11,39:7,7; 40:15; 42:2, 11,12,20; 43:1,12; 45:21; 47:3,5,11,18; 48:1,9,19; 49:1,8 Elkem's 27:25; 28:3; 30:2 else 22:7; 35:24; 50:8 employed 10:17;U:2; 13:3; 30:17,18 employment 5:15; 30:13; 44:14 enclosures 8:4 end 8:23 Energy 30:25; 32:3 engineering 38:11 enough 3:24,25 ensure 42:12 entered 6:23 entities 6:2; 11:7; 49:8 entity 11:8; 12:10,19; 13:1; 35:1 enumerated 8:3 environmental 33:25 estimates 43:18 etc 44:20; 45:8 even 8:22; 21:17; 26:22 evidence 50:6,7 exactly 25:24 EXAMINATION 3:5 example 9:18,19; 17:20; 19:2,10; 31:1; 32:8,12; 38:21 Excuse 49:19 executive 10:19 Exhibit 4:3,6; 14:18,19; 30:1,36:8 exist 8:9; 39:1,3 existed 21:17; 46:19 existence 8:12; 12:10; 15:11,23; 16:4; 38:5 expend 30:8 expect 39:2; 43:7; 44:1; 45:4 expected 42:1 Expense 44:13 Expert 48:17 Experts 48:1 extent 38:19; 39:5; 40:8; 44:4; 49:7 F facilities 6:16; 7:1;27:11 facility 7:24; 17:1,17; 18:11,20,21; 30:24; 31:2, 5,17,17; 32:1; 33:24; 34:15 fact 8:22; 25:14; 39:8 tacts 30:4; 46:23 Fair 3:23,25; 31:5; 41:23; 42:5 fairly 10:18 tall 40:17 Fells 6:16 false 46:21 familiar 3:20 familiarity 30:2 tar 5:16; 13:17; 19:21,23; 29:22; 38:8 Fatal 47:9 Fawcett 8:5,16;10:1,9, 13,16,18; 11:11; 14:2; 15:4; 18:20; 19:2; 20:17, 22; 23:18; 39:21 February 5:18 federal 27:8,12,14; 30:25; 32:3,6; 37:2,2; 42:13; 43:1,6,11,21; 44:5,15,25; 45:9,16; 46:9; 47:4,11,19; 48:2, 10,19; 49:1 Fees 48:17 fellow 23:6,25 fellow's 21:12 FERC 31:1,2,11,15,18; 32:9; 33:3,8; 34:9 Ferris 6:23,25; 7:11,20; 19:5,12,18; 20:6; 27:11; 39:12; 42:21 few 10:24; 26:10; 36:22; 42:10 field 32:11 file 19:24; 28:6; 34:8 files 16:6,7; 19:11; 28:9; 34:4,5,9,11,14; 43:8; 44:1;45:4 final 41:9 finally 16:11; 36:4; 59:10 Financial 43:18; 44:22 find 9:3,10,21; 26:11; 30:10; 45:4 finished 46:5 firm 21:9 first 3:3; 20:25; 25:3; 43:8 Fish 32:12 fit 9:3 fits 6:23 FK 9:20 focus 45:22 folders 37:1 folks 49:17 coincidental - folks (2) Min-U-Script MG&H, Inc. (412) 281-0189 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL Francis A. King December 14, 2001 Following 5:3; 25:9 follows 3:4 forgot 17:3 form 21:20; 49:24,25 format 50:12 former 33:24 forth 37:19 forwarded 5:6 found 17:18 foundation 30:8 four 12:3,5,7; 14:11; 21:2,7 FRANCIS 3:1 Frank 9:20 Friday 5:12 front 4:4; 22:1; 26:7 fully 8:10; 30:3 further 40:5; 46:4 G general 3:16; 5:20; 13:6, 8; 18:2,15; 19:8,14; 27:22; 37:15; 38:19; 42:11,25; 45:6; 47:3,10, 18; 48:1,9,15,18,23,25 generally 17:6,18; 29:21; 33:6 generated 16:8 girl 5:12 given 17:23 glvee 37:10 giving 49:16 Glen 6:22,25; 7:10, 20; 19:5,12,18; 20:6; 27:11; 39:12; 42:21 goal 42:17 goes 29:22; 32:6 good 3:7,8; 33:16 govern 33:1 grant 32:19 granted 33:3,5 great 31:3 guess 20:24; 37:22 H hand 46:12 happen 35:11 happened 24:12,21 hard 27:23 Harry 8:16,10:16,18; 18:19; 20:17 Hawks 6:22,25; 7:10,19; 19:5,12,18; 20:5; 26:9; 27:10,24; 28:1; 29:4,8, 20,20; 30:16,16; 31:10; 34:4,8; 36:1,3; 37:1; 39:12; 42:21 heading 9:20 headings 19:24 headquartered 13:1 hear 35:9 heard 22:17 hearsay 50:6,6 held 5:17; 13:19 help 26:13 hereinafter 3:3 HERSHEY 4:10,16; 24:5; 29:22; 34:20; 36:18; 37:17; 38:14; 39:15,20; 40:3,11,17,23;4l:6,15; 42:6; 45:19; 46:1,8,14; 50:9,10 high 10:18 highest 32:17 himself 24:25; 26:3 historian 35:12 historical 30:15 history 5:16; 35:14,21; 38:3 hold 5:19 holder 32:22 Holdings 12:25; 13:21 home 8:16 honest 43:17 Hopefully 42:15,16 host 34:17 hours 25:20 housed 18:11 housing 45:7 HWF 19:2 hydro 30:24; 32:19 hydroelectric 7:1,4,20; 32:1; 33:2 Hygiene 47:1 I identification 4:7; 14:20 identified 5:2;8:20; 24:25; 26:3 Identifies 44:4 Identity 13:16; 21:24 imminent 21:14 inadmissible 50:6 Inc 11:5,25; 12:7,23,25 incidents 34:12 includes 9:9 inclusion 16:4 Incorporated 11:12; 12:11,14,15,20; 13:21 Incorporation 43:8 incorrect 31:7 index 17:15 indicate 18:24; 21:13; 24:2 Indicated 15:5; 16:11; 21:1; 24:16; 41:11 Indicates 11:2 indication 19:1 individual 22:4 individuals 3:10;10:10 Industrial 47:1 information 6:1; 11:20; 17:21,21; 21:23; 27:22; 28:25; 30:15; 31:3; 39:3 initial 4:22 initials 18:1 input 32:6,11 inquiring 21:10; 24:17 inquiry 10:11 Insight 30:20 inspections 33:9 instance 14:9; 36:20 instruction 15:18 instructions 44:23 instruments 28:17 Insurance 45:7; 47:15; 48:16 interest 20:7; 27:25; 46:4 interested 32:8,9,13 interrupt 24:22 Into 6:23,24; 9:3;15:11, 23; 18:10; 30:20 investigation 32:10,14 Investment 12:25; 13:12, 21 Invoices 44:3 involved 28:4 involvement 27:5 involves 20:21; 32:5 Involving 33:23; 34:12 Iron 17:1 Issue 33:25 Issued 4:1,12; 5:24 item 36:19 Itemization 42:22 itemize 36:21 itemized 42:19 J job 30:14 joined 15:15 June 6:5 K K5:8 K-a-n-t-o-r 5:9 Kanawha 43:9,16; 44:10 Kantor 5:9; 9:7; 15:6; 18:23; 20:25; 22:13,18 Kathleen 5:8 keep 43:2,15,22; 44:6 kind 5:12; 27:3; 40:23 kinds 26:21; 38:23 KING 3:1,7; 4:17,22; 7:18; 9:20; 11:1; 19:16; 26:24; 27:21;40:5;4l:7; 42:10; 47:3,10,18; 48:1, 9,18; 50:8 King's 29:24 knew 10:19; 17:12; 23:12 knowledge 26:21; 27:7; 41:19 known 6:7; 7:10; 12:10, 20,24 L lady 5:6 land 36:12; 38:10 Landis 47:8 large 32:24 last 9:12; 36:22; 42:17, 18,22 later 6:20; 25:13; 39:23; 41:4 latter 9:18 law 4:23; 5:10; 9:8; 15:7; 21:9; 32:25; 43:11,14; 44:5,15,25; 45:2,3,9,16; 46:9 laws 27:8,12,15; 39:6,8; 42:13; 43:2; 47:4,12,19; 48:2,10,20; 49:2 lawsuit 34:14 lawyer 3:14; 24:18,25; 25:8 lay 30:7 layman 25:7 learn 32:21 learned 30:23 lease 6:15 least 9:4; 37:22 left 10:24; 46:25 legal 9:7; 16:5,8; 28:3; 33:23; 43:22 legitimacy 28:22 letter 8:4,15,17,18,21; 10:2; 11:8,23; 13:23; 15:3; 18:25; 19:15; 20:17; 23:18,21; 26:6; 36:6,22; 39:4 level 39:12;41:11;42:5 licence 31:20; 32:19; 33:2,11,12 licences 37:18 license 31:18; 32:22; 33:1,5; 34:11; 37:2,3; 38:4 licensed 31:2,17,17,24; 32:3 licenses 36:11,15; 37:7, 10; 38:1 Ifeensing 34:9 lies 46:5 Lilly 48:6,6 line 50:5 list 36:19; 39:2; 48:16 listed 11:8; 13:23; 14:12; 15:2 listing 42:19 Literature 47:16 litigation 25:1; 26:5; 27:5 little23:19; 24:11; 46:3 live 14:5 located 7:1; 8:13; 10:22; 17:22; 18:13; 42:4 location 17:7 long 34:19; 35:6 longer 11:4; 24:7 look 16:3; 18:10,19; 21:25; 22:3; 26:10; 29:25; 36:4 looked 8:25; 9:21,22; 18:22; 19:23,24 looking 17:12; 18:17; 20:1; 26:23; 27:22; 36:24; 39:24; 44:8 lot 24:11; 32:6;35:14 lots 19:11,11 LP 11:3 M magazine 48:24 main 34:23; 43:12 maintain 13:9,15; 39:7; 44:16; 45:1,10,17; 47:5 maintained 29:2 maintains 15:7 maintenance 47:13,20; 48:4,11,21; 49:2 major 46:4 Management 11:12,18, 21,25; 12:7,11,13,15, 20,22 managing 12:1 manifest 9:12,15; 16:12; 17:19,22; 18:5,22; 19:7 manifested 16:20 Marietta 6:10 mark 14:18 marked 4:3,7; 14:20; 16:21 Marshall 47:10 match 18:17 Material 48:15 materials 33:22; 35:24 matter 18:2; 21:11; 22:12; 35:25; 41:24; 45:20; 46:12,20 may 6:9; 14:18; 22:2,23; 30:12; 33:14; 39:10; 40:8; 46:23,23 Maybe 23:23 McClintlc 47:10 mean 19:24; 24:22 means 16:14 Medical 45:6 memo 21:20 mentioned 12:8 merged 12:24; 33:18 mat 10:24 Metal 12:5; 42:11;43:1 Metallurgical 44:11 Metals 3:17;4:24; 5:11, 16; 6:2,7; 7:22; 10:14,16; MG&H, Inc. (412) 281-0189 Min-U-Scripts (5) Following - Metals Francis A. King December 14, 2001 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aJL 11:2,5,15,22; 12:1,9; 13:10; 30:14; 33:14; 34:24; 47:3,11,18; 48:2, 9,19; 49:1 might 9:2,3,5; 18:17,24; 21:16; 22:19; 39:21; 40:5, 21,24; 42:4 mind 9:4,24; 27:23 mine 9:14; 10:23; 17:4,5; 19:22; 28:10; 39:24 minute 13:16; 23:19 minutes 26:10 Miscellaneous 44:22 miss 6:9 mixed 19.19 Monoxide 47:8 monthly 43:19 more 23:7; 27:21; 32:21; 36:22; 42:10 morning 3:7,8,12 Mortality 47:2 Mostly 34:9 Mountain 17:1 Mrs 9:7; 18:23; 20:25; 22:13,18 much 3:13; 8:8; 13:19; 21:17; 25:17 myself 5:2 IV name 3:9; 5:6,8; 9:16; 12:16,17,19; 17:2,3,25; 19:2; 21:12; 22:2,22,22, 25; 23:2,20,23,25; 25:8 Natural 32:12 navigable 32:2,17 necessarily 43:15,25 need 32:10,11,15; 38:23 negotiated 28:2 neither 26:24 Nest 6:22,25; 7:10,19; 19:5,12,18; 20:5; 26:9; 27:10,24; 28:1; 29:4,8, 20,20; 30:16,16; 31:10; 34:4,8; 36:1,3; 37:1; 39:12; 42:21 New 6:16; 32:18; 43:9,16; 44:10 Newspaper 48:24,25 Niagara 6:16 nine 28:13 Non-Fatal 47:9 None 26:9 nor 26:25 norm 33:8 north 9:14; 16:19; 18:11 Norway 35:4,17,18 Norwegian 12:4; 35:1 note 11:1,7 noted 4:16 notes 21:21; 48:8 notice 4:2 number 3:10 o o'clock 50:18 object 50:4 objection 49:13 objections 49:24,25; 50:13 obligation 45:21 obligations 32:22 obtaining 50:6 obviously 26:7; 38:6 occasion 17:10; 30:15 occurred 24:4 Off 7:13,14,18; 16:18; 27:18; 42:7,8; 46:25 office 28:11; 37:25; 39:23 Offices 13:19 Ohio 6:10,11 Old 11:4; 17:4,5; 26:5,8; 38:1 once 33:5 one 3:21; 4:10; 7:7; 9:23; 10:7; 11:17; 14:12; 17:9; 23:4,8,11; 24:23; 40:20; 42:11; 43:8 ongoing 33:9; 34:10; 40:2 only 10:16; 15:12; 40:4; 41:5,9 onto 32:7 Operation 44:21 operations ii:20 opposed 10:3; 37:18; 39:22 order 38:24; 41:18 Orders 44:14 Oregon 6:14; 33:24 originally 10:18 Ours 33:7 out 17:9,11; 19:22; 26:12; 28:10; 31:20; 35:19 outset 50:3 outside 28:3,5 over 33:21; 38:6,7 own 9:8; 17:16; 20:8,9; 27:23; 29:8; 34:4 owned 12:4,6,8; 29:5 ownership 11:18 P pad 22:1,1 pege 44:9 pages 36:22; 42:18,19, 23; 46:17 papers 38:7 paragraph 37:23 paralegal 5:2,10,13 parens 37:1 parent 35:1,4 part 7:2,21; 17:10; 20:21; 29:5; 34:2; 36:7; 38:6 pellicular 17:10; 40:20 parties 32:8,9,13; 49:20 partner 12:1 partners 12:3,6 partnership 12:9 party 25:23; 45:21 (raying 24:11 Payroll 44:13 pending 4:13 Pennsylvania 9:14; 14:6; 16:20 perhaps 10:10 peril 50:3 period 16:22 person 8:15; 9:16; 17:25; 18:1; 21:5,20,24; 23:1, 13,20 personal 34:5 Personnel 44:14 pertain 19:18; 20:23; 44:10 pertained 19:5 pertaining 34:4; 42:21 phone 4:25; 5:2; 21:9; 24:20 pick 15:2 picked 9:5; 23:23 Picking 46:25 Pittsburgh 10:23; 13:2; 14:3; 18:12; 23:1 place 38:5; 40:16 plaintiff 45:20 plaintiff's 5:3; 48:7 Plaintiffs 3:2; 4:12,18 plant 6:10,11,11,12,13; 7:2,7,19,20; 19:9,10,13; 20:4,6,18,20; 27:24; 28:1; 29:20; 30:16,21; 31:1,10,10,13; 38:13; 39:12,12,22; 41:11,17, 19,20; 42:5; 44:20,23 plants 6:20,21; 7:5,8,9, 21,23; 20:7,12,22; 40:6 please 7:13; 27:18; 31:7 point 4:11;8:14;15:14; 16:16,19,24; 32:23; 36:18; 44:5; 46:6,22 policy 9:1,2; 14:13,22, 25; 15:2; 16:17; 36:17 Portland 6:14; 33:24 position 5:19; 45:20; 46:8,11 positions 5:17; 44:18,19 possess 19:17; 20:13; 28:6; 34:4 possessed 13:22 possesses 8:6 possession 29:1 possfcly 18:21; 24:15 post 11:24 potential 24:3; 27:4 power 7:5,20,23; 37:2,3; 38:13; 43:9,10,17; 44:10; 45:13 predated 10:17 premise 46:15 preparation 30:14 prepared 28:23 present 20:7 presently 3:16; 8:6; 14:5 president 5:20 pretty 13:19; 17:24; 21:17; 29:22 primarily 32:25 prior 28:20; 34:23 privilege 49:io, 13,21 privileged 49:16 probably 15:12; 23:5; 25:20; 37:14,21,24 problems 38:25 Procedure 50:12,15 process 3:20; 32:4,5 produced 8:23; 41:22; 49:8,14 production 49:20 program 43:20 prbject 24:13; 32:10,11, 15,16,19; 33:2,4,23,23; 34:12,18; 36:25; 38:20 projects 34:15,17; 43:19 properties 30:5 Property 44:23 proprietary 11:20 protests 32:8 provide 6:1; 18:8; 31:4; 50:17 proximity 7:1 public 32:7; 45:12 Publicity 48:25 published 35:23 purchase 6:8,20; 7:3, 21; 11:25; 27:10; 28:7,14; 29:5; 34:24; 35:25 purchased 6:3,6,21; 7:3; 27:25; 29:11;31:13; 38:13 purchasing 28:21 purports 42:19 purpose 17:16 purposes 25:21 pursuant 15:17 pursue 40:5 put 4:19; 35:19 Q quantity 17:21 quickly 36:10 R raised 22:22 ran 31:20 range 37:10; 44:9 ranking 10:18 Rates 45:12,13 reach 16:16 reached 16:23 read 8:18; 10:1 really 6:17; 9:3; 25:19; 30:5; 32:13 reason 22:25; 40:19 reasonably 28:8 recall 4:22; 6:10,18; 22:7; 24:21,23; 26:3,16; 27:2 receivable 9:18; 18:2 receive 10:4 received 8:19; 21:2,8; 23:7; 25:3; 38:24,25 receiving 10:3 Recess 27:19 recognize 22:3 recollection 8:19,22; 25:5,9,24,25 record 7:13,14,16,18; 25:21; 27:18; 42:7,8 recorded 35:15,16 records 8:25; 9:10,15; 13:9,15,16,22; 14:13,22; 15:8; 16:6,17; 26:6,8,19, 21; 27:16; 36:17; 38:23; 43:23; 48:7,8 referenced 34:3; 36:21 references 36:11, 12,13, 14; 38:10 referred 17:19; 40:13 referring 36:19 refers 37:17 refurbish 34:16 regard 8:2; 20:5; 31:7; 35:25; 50:13 regarding 30:5 regulated 31:10,15,16 regulations 32:25; 33:1; 39:6; 47:4,12,19; 48:3, 11,20; 49:2 Regulatory 31:1; 32:3 relate 17:23; 19:12,12, 13; 38:20 related 36:3 relates 30:9 relating 26:8; 28:25; 29:14; 34:14 relationship ll:2l relevant 9:4; 30:12 relicensed 31:4,21 rellcensing3l:4 remember 4:25; 5:4,5; 8:22; 10:3,6; 21:14 remind 3:21 Reorganization 43:10 repeat 3:23 rephrase 3:23; 24:8 Reports 44:19 represent 3:9______ might - represent (4) Min-U-Script MG&H, Inc. (412) 281-0189 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et al Francis A. King December 14, 2001 represeated 21:9; 40:14 represeating 21:10; 23:6; 25:1,14; 26:4; 40:1 represents 32:17 request 21:2,4; 29:23; 39:11; 40:9 requested 25:10; 29:24 requesting 41:9 require 27:13,15; 39:6; 43:2,12; 44:6,16,25; 45:9,17; 47:5,12,20; 48:3,11,20; 49:2 required 27:8; 32:9 requirement 43:6,22 requires 46:9 Requisitions 44:3 rescind 23:24 research 43:19 reservation 49:24 reserved 50:1 respond 4:19; 49:12 response 20:11; 41:5 responsibilities 33:10; 42.12 responsibility 33:25; 34:10 rest 46:2 restrictions 33:4 resulted 34:13 retain 36:16; 37:4,13; 38:12,16; 45:21 retained 38:15; 45:24 Retarded 43:19 retention 9:1; 14:13,22; 16:17; 27:15; 36:17; 46:10; 47:20; 48:3,12,21; 49:3 retired 9:13,13; 10:13, 20; 16:12,18; 28:9 review 4:8; 5:22; 19:6,17; 30:15,19; 31:3; 36:9 reviewed 14:22 right 4:4; 10:8; 11:13; 16:1,13; 20:24; 22:24,24; 33:8; 40:6; 41:13; 44:2; 46:13,25; 50:17 rights 36:12; 38:10 Rinehart 47:8 River 32:18 Road 10:23 Rocks 48:23 ROMANO 35:9; 49:7,18, 23; 50:4,11,16 room 22:14 roughly 15:12 Round 15:24 rule 50:14 Rules 50:11 s S 12:5 safely 34:i sale 28:15; 45:13 Sales 45:13 same 5:18; 11:18; 21:11; 25:19; 26:18 Samples 48:23 Sanitation 45:7 satisfied 32:16 scope 30:8 search 8:5; 22:5; 23:14; 27:1,3; 28:22; 29:1,16, 24,25; 40:2,3,4; 42:2 searching 17:9;4l:l0 second 14:12; 24:18,24 secondly 49:18 secretary 5:1,13 seeking 8:3;ll:l9; 14:25; 18:13; 19:19; 20:14 selling 33:22 semantics 41:25 send 20:22 sense 13:7,16; 31:16 sent 9:19; 16:18; 18:1,1, 16; 20:16,18; 39:21 separate 13:9,15 separately 39:2,3 serve 13:6,8 served 22:11 Service 45:12 Services 45:6 set 28:10; 37:6 several 12:23; 42:18 Sewfcktey 14:5 share 33:24 Sheet 44:21 Sheffield 6:18 shipped 42:20 short 8:21 shortly 21:8 Show 35:20; 38:3 signature 50:10,19 signed 23:17 SILICOSIS 47:1,16,23, 24,25; 48:7,8,15,17,18, 24 Simply 30:25; 38:4; 42:1; 49:15 single 12:24 sister 10:21 sister/daughter 11:16 Size 38:21 small 5:14; 12:5,5; 34:23 Societies 47:17 somebody 22:22 someone 21:4; 22:17; 23:8 somewhat 38:9 sophisticated ^2:14 sorry 6:17; 12:6; 15:21 sort 17:15; 28:21; 37:3 source 49:9 speak 24:19; 25:11,14 speakerphone 22:13,15 specific 36:18; 43:3 specifically 17:8; 20:17; 26:12; 35:25; 36:2; 39:16 specifications 38:11 spelled 5:8,9 spending 34:15 spent 17:10 spoke 14:2; 20:25 standard 49:24 Started 5:16,18; 10:20, 25; 34:23 starting 8:14; 26:19 state 37:21; 42:13; 43:2, 11,22; 44:5,15,25; 45:9, 16; 47:4,11,19; 48:2,10, 20; 49:1,15 statements 25:22 States 32:2 statistics 47:2 status 20:5 statute 32:23; 33:10; 46:12,19 statutory 32:25 Step 9:12; 41:10 Steps 8:11; 9:22; 14:11 Still 20:9 storage 9:16,20; 16:19; 18:11; 19:22 store 9:13 stored 19:6 stores 17:7 strike 12:14 structure 12:2 study 47:2 subject 14:25; 18:2;41:1 subjects 29:23 subpoena 4:1,12,17, 20; 5:23; 8:3; 20:12; 22:11; 29:25; 36:7; 40:18; 41:1,5, 7,18 subsequent 12:18 suggest 14:24; 41:8 suggested 40:4; 46:18 suggesting 46:6,21 Suite 47:17,23,24,25; 48:7,9,15,16,17,18,24 summarize 21:19 Summary 44:21 Summons 47:23 supposed 16:23,24; 41:16 sure 3:19; 5:1; 9:25; 15:13; 18:9; 20:2; 23:25; 31:8; 33:20; 36:20; 39:9, 10; 42:11 Surety 45:8 surround 34:18 sworn 3:3 T talk 41:3 talked 8:16; 10:1; 21:8; 26:10 talking 7:19; 22:17; 37:24; 39:15 telling 10:4 ten 28:13 testified 24:6 testifying 4:18 testimony 23:24; 47:25; 48:18 Texas 21:4,9,15; 24:4; 25:2; 27:5 therein 18:13 thereof 39:19; 42:4 Thereupon 4:6; 14:19; 50:18 thought 8:8; 10:10; 15:2; 20:15,15; 22:21 thousands 17:13 three 17:11;21:2,7; 42:18 times 10:24 title 28:17,21; 29:1,16 today 5:19; 12:10,22; 13:1; 14:9,16,22; 18:5; 20:9; 50:9 together 12:24; 13:19 told 7:23; 22:9; 26:2; 39:13 took 9:22; 38:5; 40:16 top 44:9 transaction 6:4,15,19; 28:2,12,13; 31:14,14; 40:15 transactions 6:23 transfer 27:9; 38:5 transferred 18:20,21; 21:1; 31:18 transpired 26:1 trial 21:14;24:3; 26:20; 48:15; 50:1 Trials 47:25 true 11:4; 23:22; 37:20; 46:21 truly 49:15 try 30:9 trying 30:8; 46:7,22 tunnel 29:4,9,21; 30:16, 22; 38:21; 47:2,7 turbines 34:16 turn 12:6; 32:20; 42:17 turned 38:6,7 two 6:20,21; 7:7,9,23; 24:14,23; 25:18; 37:1; 42:23 type 11:16; 13:16,18; 17:21; 18:3; 19:13; 34:16; 38:22; 39:3 types 15:3; 34:7; 36:15; 37:7,12; 43:22; 47:21; 48:4,21; 49:3 typical 34:17; 45:13 typically 36:14 u U.S 34:22 ultimate 11:18 ultimately 12:4 umbrella 11:17 unaware 44:5,24; 45:16 under 4:17,19; 9:19,20; 11:17; 18:23; 19:1; 33:10, 11,12; 48:15 undertaken 8:5; 30:19 undertaking 30:14 Unfortunately 21:11 Union 3:10; 4:13; 6:3,7, 24; 7:22; 21:6,10; 23:6,8; 24:3,16; 25:1,14; 26:5,8, 20,25; 27:9,24; 28:1,23; 29:6,12; 31:14,19; 33:15, 16,17,21,23; 34:24; 36:1; 40:15; 42:20; 46:19; 49:10 United 32:2 up 9:5; 15:2; 16:18; 20:20; 23:23; 24:10; 40:9; 41:20; 46:25 updated 11:6 updating 34:14 upon 30:13; 36:16 use 32:17; 33:4 used 16:8 useful 38:12 usually 33:3 V vague 38:10 valid 33:6 various 32:6 Ventilation 47:7 vice 5:20 Virginia 6:12; 7:2,24; 32:18; 36:25; 44:22; 45:13 Virtue 6:6; 30:25 volume 17:6 volumes 28:13; 29:1; 40:14 W W8:16 Wait 23:19 waive 50:10 waived 50:20 waiver 49:21 water 32:2,18; 36:12; 38:10 way 10:7; 16:21; 20:18; 24:21; 30:23; 33:15; 34:23; 39:1 Weekly 44:19 weeks 21:2,7 weren't 20:18; 40:12 MG&H, Inc. (412) 281-0189 Min-U-Script (5) represented - weren't Francis A. King December 14, 2001 West 6:11; 7:2,24; 32:18; 36:25; 44:22; 45:13 whereby 6:19 white 22:1 whole 24:11; 32:5; 34:17 Wildlife 32:12 willing 18:7 withdrew 13:25 within 27:23; 34:8; 40:17 witness 3:2; 24:3; 27:5; 41:13 work 14:8; 30:25; 44:14; 47:2; 48:7 worked 10:15,24 working 10:20; 24:13; 26:4 workpapers 37:10,18 wound 20:20; 40:9; 41:20 write 21:11 written 11:23 Y year 10:25 Yearly 43:19 years 31:21; 33:6,7,8, 21;34:13 yellow 22:1 York 6:16 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL West-York (6) Min-U-Scrlpt MG&H, Inc. (412) 281-0189 Lawyer's Notes