Document Yjv7GQOY3xEdpkpGv5wn1BKLy

FILE NAME Orton ORT DATE 2008 May 8 DOC ORT013 DOCUMENT DESCRIPTION Legal - Deposition of Dale A. Fronk Spear Exhibit 3 EXHIBIT 3 Dale A. Fronk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO Chris Shinall and Maruja Shinall : Plaintiffs : VS. CSR Ltd. aka Colonial Sugar Refinery et al Defendants : Case No. CGC 07-274462 : 10 DEPOSITION 11 of Dale A. Fronk taken before me Rosemary F. 12 Anderson a Notary Public in and for the State of 13 Ohio at the Sheraton Suites Columbus 201 Hutchinson 14 Avenue Columbus Ohio on Thursday May 8 2008 at 15 12:37 p.m. 16 17 18 19 20 21 ARMSTRONG & OKEY INC 185 South Fifth Street Suite 101 22 Columbus Ohio 43215-5201 614 224-9481 - 800 223-9481 23 FAX - 614 224-5724 MAY 1 4 2008 COPY COPY 24 COPY RCVD W Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk APPEARANCES: Levin Simes Kaiser & Gornick LLP By Mr. William Levin 44 Montgomery Street 36th Floor San Francisco California 94104 On behalf of the Plaintiffs Jackson & Wallace By Ms. Catherine Golden 55 Francisco Street 6th Floor San Francisco California 94133 On behalf of Foundation the Defendant Orton Ceramic ALSO PRESENT 10 Mr. Gil Whitney Videographer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Witness Dale A. Fronk INDEX Dale A. Fronk 3 Page Plaintiff Exhibit 1 - Notice of Deposition Identified 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk Thursday Afternoon Session May 8 2008 THE VIDEOGRAPHER We are on the record Today's date is May 8 2008. The time is approximately 12:37 p.m. We are here to take the videotape position of Dale Fronk in the case of Chris Shinall versus CSR Ltd. aka Colonial Sugar Refinery et al Case No. CGC 07-274462 in the 10 Superior Court of the State California County of San 11 Francisco 12 I am Gil Whitney I'm the videographer 13 today Today's court reporter is Rosemary Anderson 14 We're with the firm of Armstrong & Okey 15 The court reporter may swear the witness 16 Witness sworn 17 THE VIDEOGRAPHER And also I'd like 18 counsel to introduce themselves 19 MS GOLDEN Yes this is Catherine -- 20 MR LEVIN Good morning although it may 21 be afternoon where you are sir My name is Bill 22 Levin How are you doing 23 THE WITNESS Very good Bill thank you 24 MR LEVIN Does the court reporter have Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk a copy of the notice by any chance EXHIBIT MARKED FOR IDENTIFICATION ) MR LEVIN I just want to say this deposition is being taken pursuant to deposition notice which is now attached as Plaintiff's Exhibit 1 DALE A. FRONK being by me first duly sworn as hereinafter 10 certified deposes and says as follows 11 EXAMINATION 12 By Mr. Levin 13 Q. Sir you're being produced as a person 14 most knowledgeable at Orton on a number of topics 15 that are contained in the deposition notice Do you 16 understand that 17 A. No I don't 18 Q. Okay Tell me what you do understand 19 A. I understand that I'm here to give a 20 deposition 21 Q. Okay Have you seen the deposition 22 notice 23 A. I don't know that I've actually seen the 24 deposition notice I don't know what you're -- no I Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk have not seen one Q. Okay So you haven't seen the deposition notice that sets forth the categories that you're being produced to testify about A. That's correct MS GOLDEN I see that Madam Court Reporter could Plaintiff's Exhibit No. 1 has no categories at all Okay Well I'm not sure what 10 you have 11 Actually I'm sorry this deposition 12 notice that the court reporter has marked actually 13 says Notice of Taking Deposition of Employee Bill 14 Chase 15 MR LEVIN Okay we'll have to 16 substitute the correct exhibit deposition notice 17 Q. But suffice it to say you haven't seen 18 any deposition notice sir correct 19 A. That's correct 20 Q. Okay And you're not familiar with the 21 categories set forth in the deposition notice 22 A. That's correct 23 MS GOLDEN Well I'm just going to put 24 in a belated objection that that lacks foundation Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk MR LEVIN All right Q. Sir could you outline for me your history with Orton working at the company A. I started with the Orton Ceramic Foundation December 1 1962. I terminated employment with them June 30 2007 That's my employment dates Q. Okay A. 44-1 years basically Q. Okay When you started in 1962 what was 10 your position with the company there 11 A. In 1962 I was hired in as a ceramic 12 engineer 13 Q. Okay And how long did you work as a 14 ceramic engineer 15 A. Basically the entire time 16 Q. Okay And have you ever been deposed 17 before 18 A. I have been deposed yes 19 Q. How many occasions 20 A. One 21 Q. Okay Do you remember when and where 22 that was 23 A. Basically ten years ago here in Columbus 24 Ohio Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk Q. Okay Now when you began with the company in 1962 as a ceramic engineer what was the general sort of description of your job duties A. As a ceramic engineer I was in charge of quality control engineering method improvements Q. Okay And do you understand that this case involves what I'm going to refer to as Orton cones MS GOLDEN I'm going to object It's 10 vague and it calls for speculation It lacks 11 foundation 12 You can go ahead and answer 13 A. I understand that it involves Orton and 14 I guess you could say something to do with our 15 materials yes 16 Q. Okay What materials do you understand 17 to be involved in this case 18 MS GOLDEN I'm going to object That's 19 vague ambiguous It's overbroad It lacks 20 foundation I don't know what difference it makes 21 what his knowledge is about what the case is about 22 Q. You can answer 23 A. Would you rephrase or ask me the question 24 again Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk Q. Yeah Do you have an understanding as to which products manufactured by Orton Ceramics are involved in this case A. Well I don't think -- no we didn't manufacture a product that is involved in this case Q. Okay Why is that MS GOLDEN Okay That's argumentative That makes no sense It lacks foundation It's overbroad It's vague Why is that that you didn't 10 manufacture a product that is involved in this case 11 Q. Yes What's your basis for saying what 12 you just said sir 13 MS GOLDEN Okay To clarify for the 14 record the basis in this case and the allegations 15 have to do with packaging material that was used in a 16 package to ship the cones 17 A. We did not manufacture that product 18 Q. All right How -- how would you describe 19 the packaging materials we're now talking about sir 20 A. How would I describe them 21 Q. Yeah 22 A. As it relates to 23 Q. Well when you were working there what 24 did you commonly refer to these packaging materials Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 10 as MS GOLDEN I'm going to object There's no -- it lacks foundation It's vague and it's overbroad It's ambiguous and there is no time frame specified Q. What was Orton in the business of selling when you went there in 1962 what kinds of products A. In 1962 we were selling pyrometric cones Q. Any other product 10 A. Not in 1962 11 Q. Okay And what are polymetric cones 12 A. Pyrometric cones are time temperature 13 measuring indicators typically used to measure the 14 amount of heat work established in the firing 15 process 16 Q. Okay And when you sold those polymetric 17 cones did the polymetric cones get sold with 18 packaging material 19 MS GOLDEN I'm sorry I was going to 20 say it's pyrometric 21 Q. Pyrometric 22 A. R pyro 23 Q. Right pyrometric cones When you sold 24 the pyrometric cones in 1962 did they get sold along Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 11 with packaging material A. They were packaged that's correct Q. Okay And in 1962 -- well in 1962 were the pyrometric cones packaged in sawdust A. That is correct Q. Okay And is it true that in the middle of 1963 Orton began packaging its pyrometric cones with vermiculite A. It was in that area yes 10 Q. Okay And do you know why it is that 11 Orton switched from packaging its pyrometric cones in 12 sawdust to packaging them in vermiculite 13 A. I do know why yes 14 Q. Tell me why 15 A. Back in 1962-63 sawdust was difficult to 16 obtain the quantities that we required on a weekly 17 daily monthly basis so we were looking for 18 alternatives to sawdust 19 Q. Okay Did you look at a number of 20 alternatives to sawdust 21 A. That is correct probably as many as six 22 or eight different alternatives 23 Q. Okay And eventually you settled on 24 vermiculite Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 12 A. That is correct Q. And at the time that you were looking at all of the alternatives did you do any research as to the possible health hazards that may have been associated with any of the alternative materials that you were considering A. There was no reason for us to do that Q. So that would be a no A. That's a no 10 Q. Okay What were the other materials that 11 you considered using as packaging material 12 A. Ground up corncobs peanut shells 13 popcorn things of that nature 14 Q. Okay Eventually you decided on the 15 mineral vermiculite 16 A. That's correct yes 17 Q. All right And at the time did Orton 18 have -- how many employees were at Orton 19 A. Approximate number 45 20 Q. Okay And how many of them were -- had 21 an engineering background 22 A. Myself and the general -- the assistant 23 to the general manager two of us 24 Q. Okay Was there anybody who had Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 13 responsibility for safety MS GOLDEN I am going to object It's vague ambiguous overbroad It lacks foundation You can go ahead A. Probably that would have fallen under my duties and responsibilities Q. Okay Were there any chemists at the company A. No. 10 Q. Okay What types of disciplines did the 11 other employees have types of expertise did they 12 have at the time 13 MS GOLDEN And just so I'm clear Bill 14 are we talking about '63 now 15 MR LEVIN Yes 63's fine 16 MS GOLDEN Okay 17 Q. If Orton was in the business of selling 18 pyrometric cones and had a number of employees I'm 19 just trying to get a sense of the different types of 20 expertise that those employees had at the time 21 MS GOLDEN No no no That's fine I 22 thought you had premised a time frame when we started 23 out with 45 employees and I just wondered if we were 24 still in that kind of time frame That's all Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 14 MR LEVIN Yes MS GOLDEN Okay A. I'm going to answer the best I can The general manager was also a professor at the Ohio State University in engineering The assistant general manager was a ceramic engineer sales engineer myself We had one individual that worked in the research of pyrometric cones From that point down the remaining employees were high school 10 graduates or educations less than that 11 Q. All right And when you were evaluating 12 the alternatives the alternative materials that you 13 could use as packaging material when you were 14 evaluating vermiculite did you do any sort of 15 testing or research into the nature of vermiculite as 16 a material 17 MS GOLDEN I'm going to object It's 18 vague ambiguous and it lacks foundation it's 19 overbroad ambiguous 20 A. I can state that the testing as I 21 understand the word testing perhaps the way you 22 stated it yeah we tested it as to whether or not it 23 would effectively meet the goals and our objectives 24 of getting our product from our plant to the end Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 15 users plants without the cones breaking Q. Okay But beyond trying to determine whether it was functional for your purposes you didn't do any further research or investigation into the nature of vermiculite as a material A. I didn't think I had to There was no reason for me to do testing other than just that that's correct Q. Okay Now when you were still 10 evaluating the various materials that you could use 11 including vermiculite when you were looking at 12 vermiculite was there some company that you were 13 dealing with that was supplying the vermiculite to 14 you so you could determine whether it was functional 15 for your purposes 16 A. When you say a company are you talking 17 about where I obtained my source or the manufacturer 18 Can you help me here a little bit 19 Q. Yeah where you obtained your source 20 A. It was -- 21 Q. Really I'm talking about both You had 22 to get your hands on vermiculite to see if it was 23 helpful to you in your packaging and I'm just trying 24 to determine who you got from and where you got it Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 16 A. Very good I think in particular it was called Oakland Nursery and it was a nursery That's where we got it Q. Oakland Nursery A. That's correct Q. Where was that A. In the middle of Columbus Ohio you know a nursery an organization that sells plants flowers trees 10 Q. Do you know where they got their 11 vermiculite 12 A. I have no idea 13 Q. Okay And then eventually you decided to 14 use vermiculite in the packaging of the pyrometric 15 cones in about mid '63 correct 16 A. That's correct 17 Q. Okay At that point in time when you 18 first started using vermiculite in the packaging of 19 the pyrometric cones where did you get your 20 vermiculite 21 A. I don't really know unless I'd go to the 22 records 23 Q. Okay Are there records 24 A. I personally don't have records no Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 17 Q. Okay So you don't know who Orton purchased its vermiculite from in mid 1963 A. Not unless I would see the purchase order no Q. checks -- Okay I have a number of checks Orton A. Okay Q. -~- that were produced by I think it was Gary Childress and those checks are from Edward 10 Orton Ceramic Foundation beginning in March '63 going 11 all the way through '64 and '65 and '66 and '67 '70 12 and '74 to Zonolite Have you ever seen those 13 checks 14 MS GOLDEN I'm going to object It 15 lacks foundation The documents speak for 16 themselves It's vague Well that's it That's my 17 objections Go ahead 18 MR LEVIN Okay 19 0 Have you ever seen those checks 20 A. I might have run across a check but that 21 wasn't - seeing the actual check was not part of my 22 duties or responsibilities 23 Q. At the time you mean at the time 24 A. At the time that's correct Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 18 Q. Okay But in preparing for this deposition have you been provided by counsel with copies of those checks to review A. I have not seen a check for review you are MR LEVIN Okay Is there a fax where MS GOLDEN Yeah There's probably a fax at the front desk of the hotel Do you want to fax something Bill 10 MR LEVIN Well do you have the checks 11 with you Otherwise I'm going to fax them to you 12 MS GOLDEN I don't have everything with 13 me Are you looking at a specific check 14 MR LEVIN I'm looking at the whole 15 stack 16 MS GOLDEN I don't have the whole stack 17 with me I mean I had them on Tuesday when we did 18 Gary's deposition but I don't have them anymore 19 MR LEVIN Okay 20 MS GOLDEN But I do have a few if you 21 want me to show ~-- if you have a specific one you 22 want him to look at 23 MR LEVIN No a few would be good 24 MS GOLDEN Okay Tell me what you're Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 19 looking at and I'll see if I have it with me MR LEVIN I'm looking at Exhibit 3 to Childress deposition which starts with check 6810 and then goes through a number of checks MS GOLDEN Is this an exhibit from the prior depo MR LEVIN Yeah it's from the 107 MS GOLDEN I got that one It says Plaintiff's Exhibit 3 right on the top of it 10 MR LEVIN Yes 11 MS GOLDEN Yes I have that Do you 12 want me to show it to him 13 MR LEVIN Yes 14 MS GOLDEN Okay Madam Court Reporter 15 for the record this is a check dated March 20 1963 16 and it has previously been marked as Plaintiff's 17 Exhibit 3 to the Childress deposition dated 11/28/07 18 and the check is for 662.24 19 That's the one you're talking about 20 right Bill 21 MR LEVIN That's the top one yes 22 MS GOLDEN Okay He's looking at it 23 Q. By Mr. Levin Just thumb through it 24 sir Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 20 A. I've got it okay MS GOLDEN He's got it He's got a copy. Q. Okay Thumb through the exhibit at all the checks there Look MS GOLDEN front of him No he's got one check in MR LEVIN You do not have the rest of them 10 MS GOLDEN I have a few of them H 11 don't have all of them with me 12 MR LEVIN Okay Well show him the 13 ones you have 14 MS GOLDEN Well you need to tell me 15 I'm not going to show him the ones I have You tell 16 me which ones you want him to look at 17 MR LEVIN I'll fax them to the hotel 18 MS GOLDEN Okay I mean there must 19 be - you're going to be faxing about what 60 pages 20 MR LEVIN Something like that Let's 21 just take a minute break while I can get it 22 faxed What hotel are you at there 23 MS GOLDEN Well it's called the 24 Sheraton Suites Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 21 MR LEVIN Where MS GOLDEN In Columbus Ohio and I don't know what the fax number is Do you want to go off the record for a moment MR LEVIN No I'm just going to step away and get this faxed there MS GOLDEN Okay all right Discussion off the record) Q. By Mr. Levin Sir you have seen one of 10 the checks from Exhibit 3. I'm going to fax the rest 11 to the hotel But they reflect don't they a 12 payment from Orton to Zonolite 13 That's correct yes Q. 14 Are you familiar with Zonolite 15 Yes I am 16 Q. What is Zonolite 17 A. Well it's the company that we ordered 18 packaging material from 19 Q. Okay And do you understand that the 20 packaging material that you ordered from Zonolite was 21 vermiculite 22 A. That is correct 23 Q. Okay And at least this check that you 24 have in front of you reflects that being paid for in Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 22 March of 1963 correct A. That's correct Q. from And do you know where the Zonolite came A. No I do not . Q. Okay And in connection with preparing to be presented as the person most knowledgeable on a number of subjects including the one I just asked you about did you do anything to determine -- to 10 help you determine where the vermiculite that Orton 11 was purchasing in 1963 came from 12 MS GOLDEN I'm going to object because 13 you're assuming that he was presented as a person 14 most knowledgeable He's already stated that that is 15 not his understanding 16 MR LEVIN That was what the notice -- 17 MS GOLDEN But you can go ahead You 18 can go ahead and answer the question with that 19 caveat 20 A. Bill can you break the question down a 21 little bit to help me 22 Q. Well let me -- counsel is saying that 23 you're not being produced as the person most 24 knowledgeable or implying that Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 23 MR LEVIN Is that the case counsel MS GOLDEN Well you have a specific deposition notice for Dale Fronk which we don't have here and it is not for the person most knowledgeable MR LEVIN All right Hold on a second Q. All right So my question is whether you have done anything to try to determine back in 1963 where the Zonolite came from 10 MS GOLDEN I'm going to object It's 11 vague It's overbroad and it calls for speculation 12 And I don't know what you mean by where it came 13 from Are you talking manufactured where it was 14 shipped from what 15 MR LEVIN All of those things anything 16 he's done to determine any and all of those things 17 MS GOLDEN Okay Well then you can -- 18 A. I don't really remember right now of me 19 trying to determine where it came from other than the 20 shipping point from wherever they had it in stock to 21 us Other than that no Bill I don't remember any 22 details of that 23 Q. Okay What do you remember about the 24 shipping point Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 24 A. In all honesty I vaguely remember it came from Kentucky to Columbus Ohio That's the best I can remember Q. Okay You were not involved in purchasing the Zonolite A. I was involved in purchasing the Zonolite Q. Okay And was -- did you deal with anyone at Zonolite or W. R. Grace 10 MS GOLDEN Objection I don't know 11 where W. R. Grace came into this So we have two 12 questions here That question is compound 13 A. I - 14 Q. Who is W. R. Grace sir Do you know who 15 W. R. Grace is 16 A. I know of W. R. Grace yes 17 Q. Okay And did they sell vermiculite to 18 Orton 19 A. In 1963 20 Q. No at all 21 A. There was a period of time yes 22 Q. Okay And did you deal with anyone at 23 Zonolite or at W. R. Grace 24 MS GOLDEN Okay that question is Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 25 vague ambiguous overbroad and it lacks foundation It's compound Q. Did you deal with anyone at Zonolite in purchasing vermiculite A. Yes Q. Okay Who A. I don't know by name but by position probably a sales -- the sales department would be first The order department would be second 10 Q. Okay And where were those people that 11 you dealt with located 12 A. You know Bill in all honesty I have no 13 idea I'm going to assume from the location that the 14 shipment came from would be my guess 15 MS GOLDEN Okay And we don't want you 16 to guess If you just don't remember don't know 17 you can just say you don't remember you don't know 18 A. I don't know Bill 19 Q. Okay I'm looking at a letter from 20 Grace Diane O'Donnell technical administrator to 21 Dale Fronk And it says Mr. Fronk This is in 22 response to your recent request for a material safety 23 data sheet for vermiculite No. 2 which you have been 24 using as packing material I am attaching a copy of Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 26 our MSDS 140 industrial vermiculite Libby source size 1 2 and 3 recently A. Have you seen that correspondence Yes Q. Okay Do you have it there in front of you A. Not in front of me but -- MS GOLDEN Do you want him to look at 10 it 11 MR LEVIN If you have it 12 MS GOLDEN For the record this is a 13 letter from Grace to Mr. Fronk and it has been 14 previously been marked as Plaintiff's Exhibit No. 6 15 to Gary Childress depo of 11/28/07 I'm putting it 16 in front of the witness 17 Q. Do you see that letter sir 18 A. I have it in front of me yes 19 Q. And do you have the material safety data 20 sheet attached to it 21 A. I have just the letter 22 Q. Well there is a material safety data 23 sheet attached to the version that I have from 24 Exhibit 6. Have you seen that also Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 27 A. I MS GOLDEN Okay I have a material safety data sheet It does not have an exhibit number on it I don't think there's anything on the Plaintiff's Exhibit 6. No it doesn't say how many pages it is If you want me to show him the material safety data sheet that was apparently sent at the same time as this letter September 25 1981 I can show it to him Do you want me to put that in 10 front of him 11 Q. Okay Sir -- 12 A. Yes 13 Q. -- so would you agree with me that both 14 the letter and the material safety data sheet reflect 15 that vermiculite was being supplied to Orton by 16 W. R. Grace from Libby Montana 17 MS GOLDEN I'm going to object That's 18 overbroad It calls for speculation The document 19 speaks for itself and it lacks foundation 20 A. Bill right now I have just the letter in 21 front of me 22 Q. All right Will you agree with me the 23 letter reflects that the source of the vermiculite 24 that Grace was supplying to Orton was from Libby Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 28 MS GOLDEN Same objections The document speaks for itself A. It states here I am attaching a copy of such and such industrial vermiculite Libby source size 1 2 and 3. That's what the letter states Q. Okay Would you agree that that reflects that the source of the vermiculite that was Grace was selling to Orton was Libby -- was from Libby Montana 10 MS GOLDEN I'm going to object It 11 calls for speculation It lacks foundation The 12 document speaks for itself It calls for 13 speculation The document says what it says 14 Q. Go ahead sir 15 A. Bill it doesn't state anything about 16 Montana on this letter 17 Q. Okay Do you have the material safety 18 data sheet in front of you 19 A. Not yet 20 MS GOLDEN I asked you if you wanted me 21 to put it in front of him You didn't respond Do 22 you want me to give it to him 23 MR LEVIN Yes 24 MS GOLDEN Okay Madam Court Reporter Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 29 identifying for the record a material safety data sheet dated June 10 1977 Manufacturer's name is W. R. Grace and this is a page form that I am placing in front of the witness Q. Okay And could you look at section 1 and read what it says about the manufacturer of the vermiculite A. Yeah The manufacturer on this material safety data sheet it just says Manufacturer's name 10 W. R. Grace & Company 11 Q. And then two lines down it says 12 Chemical name and synonyms What does it say 13 A. Okay It says Expanded Libby Montana 14 vermiculite 15 Q. Okay And this was a material safety 16 data sheet that was forwarded by W. R. Grace to you 17 at your request 18 A. I would assume that and I shouldn't be 19 assuming Well I have the material safety data 20 sheet in front of me that's correct 21 Q. In the letter it says This is in 22 response to your request meaning Mr. Fronk for a 23 material safety data sheet 24 A. Well let me just do something The Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 30 letter I have is September 25 Q. Right A. And the material safety data sheet is dated June 10 1977 Q. Right Well that may be the operative material safety data sheet for that time period I'm asking you assuming that this material safety data sheet came with this letter whether you would agree it was in response to a request you made for a 10 material safety data sheet for vermiculite 11 A. That is correct 12 Q. Okay And do you remember why you made 13 that request 14 A. For the material safety data sheets in 15 1981 16 Q. Yes 17 A. To comply with an OSHA standard 18 Q. Okay Having to do with what 19 A. Health and safety in all plants the 20 Williams Steiger Act of 1973 21 Q. All right And what about the 22 vermiculite was a health and safety concern in 1981 23 MS GOLDEN Okay I'm going to object 24 That assumes facts not in evidence That lacks Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 31 foundation and it misstates prior testimony vague and ambiguous and overbroad A. Bill a material safety data sheet according to OSHA was required for anything brought into a plant and vermiculite was one of those things brought into a plant Q. Hold on a second Okay You were -- were you done with your answer A. Yes 10 Q. This letter to you reflects that there 11 was a material called tremolite fiber in the 12 vermiculite correct 13 MS GOLDEN I'm going to object The 14 document speaks for itself It's also hearsay This 15 lacks foundation vague and ambiguous 16 You can answer the question 17 A. The letter states This further reduces 18 the exposure of the user to airborne tremolite fiber 19 Q. And what is tremolite fiber as far as you 20 understand it sir 21 MS GOLDEN I'm going to object That 22 calls for an expert opinion It lacks foundation 23 It's vague It's overbroad 24 If you - Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 32 Q. Sir A. I took courses in mineralogy and tremolite is a mineral Q. An asbestos fiber correct A. No I don't -- I wouldn't say it's an asbestos fiber from my knowledge of the courses that I've had in mineralogy Q. When did you first become aware that the vermiculite that was purchasing from -- well the 10 vermiculite that you were purchasing contained 11 tremolite 12 MS GOLDEN Well first of all that 13 assumes facts that are not in evidence There's no 14 time period presented It's vague ambiguous and 15 lacks foundation 16 Madam Court Reporter could you read back 17 the question for the witness please 18 Record read 19 A. Bill the vermiculite that we were using 20 according to the letter says vermiculite No. 2 -- 21 MS GOLDEN You have to listen to his 22 question carefully He said when 23 THE WITNESS When 24 MS GOLDEN And then the question does Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 33 assume many things after that so THE WITNESS That's correct A. This letter here states and refers to No. 3 expanded vermiculite containing tremolite and we were using No. 2. The answer to your question is I don't really know when that occurred if in fact it did occur Q. Okay Did you - sometime did you become aware that the vermiculite that you were using 10 contained tremolite 11 MS GOLDEN Objection assumes facts not 12 in evidence lacks foundation 13 You can go ahead 14 A. I -- I don't ever remember where it 15 was -- we were informed I was informed that the 16 vermiculite we were using did in fact contain 17 tremolite I don't ever remember somebody hitting me 18 over the head telling me Hey this contains 19 tremolite don't ever remember that other than what 20 the letter states here that No. 3 contained -- could 21 possibly contain tremolite 22 Q. Okay Well could you turn to the 23 material safety data sheet 24 A. Okay Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 34 Q. And this is for the No. 2 vermiculite that you were purchasing A. Correct Q. And see where it in section 2 it says Hazardous ingredients A. That's correct 0 And it says Contains less than .1 percent by weight of a naturally occurring contaminant tremolite 10 A. Okay I see that now yes 11 Q. Okay And it says OSHA Regulation 12 1910.1001 defines tremolite as asbestos 13 A. That's correct that's what it says 14 Q. Okay So would you agree with me that 15 the vermiculite that you were purchasing from Grace 16 contained tremolite 17 MS GOLDEN Okay I'm going to object 18 There's no foundation There's no time frame here 19 and the document is hearsay and it's vague and 20 ambiguous 21 But you can answer the question 22 A. Bill according to the MSDS sheet dated 23 June 10 1977 section 2 it states that like you 24 said that vermiculite and I'm not sure yet if it's Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 35 No. 2 I'm still looking for that It says industrial sizes you're correct 1 2 and 3 Okay so it would possibly contain what they say here in quotes asbestos fibers Q. Okay And that was the vermiculite that you were -- that Orton was purchasing from Grace A. No. 2 was what we were purchasing that's correct Q. Okay And the No. 2 along with the 10 No. 1 and No. 3 contained tremolite asbestos 11 MS GOLDEN I'm going to object That 12 calls for speculation The document speaks for 13 itself There's no foundation here 14 Q. According to the document the material 15 safety data sheet the vermiculite the No. 2 that 16 you were purchasing at Orton and the No. 1 and No. 3 17 contained tremolite asbestos correct 18 A. It says here that it contains less than 19 1/10 percent by weight of a naturally occurring 20 contaminant tremolite that's correct 21 Q. And it also says that OSHA defines 22 tremolite as asbestos correct 23 A. It says OSHA regulation defines tremolite 24 as asbestos that's correct That's what it says Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 36 Q. Okay And that's talking about the No. 2 vermiculite that Grace was supplying to Orton MS GOLDEN All right I'm going to object That's now been asked and answered three or four times and he's answered You don't need to answer that again THE WITNESS Okay MR LEVIN Well I'd like an answer just so we're clear 10 MS GOLDEN We are perfectly clear 11 This is getting abusive You've asked him so many 12 times the same question The document speaks for 13 itself 14 You can answer this question one more 15 time 16 A. The form states yes in answer to your 17 question what I read here 18 Q. At any time -- do you have any knowledge 19 that the vermiculite supplied by Zonolite to Orton in 20 the 1963 through 19 - 1969 time period came from any 21 source other than Libby Montana 22 MS GOLDEN That question completely 23 assumes the fact that the vermiculite came from 24 Libby Montana and only Libby Montana That lacks Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 37 foundation You're trying to trick the witness It's vague It's ambiguous It's overbroad You can answer the question A. Bill I have no recollection as to where the vermiculite was being mined MS GOLDEN He's talking about '63 to '68 A. That's correct from 1963 to 1968 Q. At all 10 A. I have no recollection as to where it was 11 mined that's correct 12 Q. Could you describe the packaging that 13 these pyrometric cones came in from '63 to you know 14 163 '67 time frame 15 MS GOLDEN I'm going to object 16 There's absolutely no allegations in the complaint or 17 anywhere else that there was any exposure or anything 18 to do with any Orton cones past the spring of 1964 19 So I don't know what the relevance is of a packaging 20 after the spring of 1964 21 MR LEVIN That's fine 22 Q From the time you came to the company 23 until let's just say through 1964 can you describe 24 what the packaging of the cones looked like Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 38 A. The packaging material used Q. Yes MS GOLDEN No he wants to know -- oh I'm sorry Okay We need to clarify what you mean by the packaging THE WITNESS Yeah Q. If someone was purchasing the Orton cones -- A. Okay 10 Q. - in that time period and it was shipped 11 to them -- 12 A. Okay 13 Q. -- and they had to take the cones out of 14 whatever they were contained in what would they be 15 seeing What would they be looking at Describe 16 how you know how it was shipped what it was 17 contained in 18 A. Okay 19 MS GOLDEN I'm confused Are you 20 talking about the box 21 MR LEVIN Yes 22 MS GOLDEN Okay So we're talking 23 about the box now '62 to '64 24 Q. Yeah start with the box Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 39 A. Okay There were two different box sizes used at that time this time frame One box was basically a three inch by three inch by six inch and that was what we referretdo as a half telescope box Q. What kind of box A. Cardboard Q. Okay And you opened it what at the top A. The top being a half telescope that's 10 correct The top of that box would lift off of the 11 bottom section of the box That was one type box 12 one size box The other size box was just basically 13 half that size half that size in the three inch by 14 three inch -- I'm sorry It would be the three inch 15 by six inch but only half as tall 16 Q. Okay 17 A. So one and a half inch tall And that 18 also was a half telescope box 19 Q. Okay 20 A. That's the box 21 Q. Okay And then you'd open the box and 22 there'd be what 23 A. There would be the contents of the -- 24 whatever the box indicated you know 50 cone Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 40 10 pyrometric cones so there would be 50 pyrometric cones in that box Surrounding the cones would be a packaging material 0 And that would be the vermiculite -- Q. A. Not -- -- beginning in mid '63 Not necessarily Q. A. And why is that Because when I came in '62 and part of 10 '63 we were using sawdust and those cones would go 11 into inventory and those cones might not have come 12 out of inventory for six eight months later two 13 years later So if I opened up a box of cones in mid 14 '63 it could contain sawdust even in late '63 could 15 contain sawdust Until we used up all the sawdust 16 we did not start to pack in vermiculite 17 Q. Okay How long did it take to use up the 18 sawdust inventory 19 A. Back in those days it could take a week 20 two weeks maybe even as much as a month 21 Q. Okay But after you used up the sawdust 22 inventory it was packaged in vermiculite A. That is correct 24 Q. And did you ever handle the vermiculite Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 41 yourself A. Yes I did Q. Okay And when you handled the vermiculite did dust get on your hands A. If you and I both accept dust as being the remains of the product yes Q. And so when somebody tried to take the cones out of the packaging they'd have to move away the vermiculite that was surrounding it correct 10 MS GOLDEN That assumes facts not in 11 evidence It lacks foundation It's vague 12 ambiguous and overbroad It calls for speculation 13 Are we talking about a full box a half empty box 14 What are -- 15 Q. If somebody opened a box with a cone in 16 it that was packed in vermiculite to get the cone 17 out they would have to remove the vermiculite that 18 was surrounding the cone correct 19 A. The best way I can answer that is we 20 wanted vermiculite to be between two cones so that 21 two cones wouldn't be touching each other in the 22 shipping process So the best I can answer that 23 Bill is if I were to remove a cone from a box I 24 would have to touch or move to the side vermiculite Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 43 have that called dust something that would go airborne Q. Did you ever do any testing of the air for tremolite asbestos in the vicinity of somebody that was handling this vermiculite that your cones were packaged in Record read A. No. MS GOLDEN Okay That assumes facts 10 not in evidence It lacks foundation 11 A. No. 12 Q. Okay Did you ever consult with an 13 industrial hygienist as to the health hazard that may 14 have been presented by the vermiculite packaging that 15 you were packaging your cones in And by that I mean 16 a health hazard to somebody that was handling the 17 packaging in connection with using your cones 18 MS GOLDEN I'm going to object That's 19 vague It's ambiguous It's overbroad 20 You can answer it 21 A. Bill that is very broad because we did 22 have a State of Ohio hygienist in our plant and we 23 did ask them to analyze I'm going to say dust that 24 would be generated in a manufacturing process Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 44 Q. When was that A. Oh gees probably in the 70s and 80s < Okay A. 90s Q. Did that industrial hygienist in Ohio the work of that person involve testing for asbestos in the air at Orton A. Well -- MS GOLDEN Objection This lacks 10 foundation It's overbroad It's vague and it has 11 nothing to do with the allegations in the complaint 12 or this case what was going inside - on inside the 13 manufacturing plant of Orton 14 Go ahead and answer the question 15 A. Bill they didn't come to detect asbestos 16 in our plant mainly because we and they didn't see 17 the need for that to be done 18 Q. And that's -- that's because the plant 19 wasn't -- the packaging was - I mean the plant 20 wasn't making the packaging correct 21 A. That's correct we were not making 22 vermiculite That's correct 23 Q Correct So the industrial hygienist who 24 was there was basically evaluating the condition of Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 45 manufacture of the pyrometric cones not the -- not the vermiculite packaging A. That's negative That's no Q. Can you elaborate A. Well can you rephrase that Q. Well I originally started out by asking whether an industrial hygienist had ever sort of done any testing in the air for the presence of asbestos for you 10 A. Bill when we asked them to come out to 11 analyze our atmosphere our air -- 12 Q. Yeah 13 A. -- and this is through EPA or OSHA 14 whatever -- 15 Q. Yeah 16 A. -- we wanted to make sure that we had a 17 plant that was safe health They analyzed dust 18 and they gave us the report and they analyzed it for 19 knowing what we were using in that plant They 20 analyzed it for anything and everything they thought 21 we should know about that might be hazardous 22 Q. Well was anybody handling the 23 vermiculite packaging at the plant when they were 24 doing this testing Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 46 That is correct yes Q. They were A. That's correct Q. Did they do any air sampling near the vermiculite packaging A. Oh yes Q. Do you have the results of that air sampling A. Not in front of me but the State of Ohio 10 did some reports yes 11 Q. Okay When they did those reports did 12 they -- did the State of Ohio understand that the 13 vermiculite contained tremolite asbestos 14 MS GOLDEN Objection That calls for 15 speculation It lacks foundation It's vague 16 ambiguous and overbroad 17 Do you know what the State of Ohio knew 18 A. That's what I was going to say Bill I 19 have no knowledge as to the expertise of the 20 individual sampling or the people that tested 21 analyzed the results I don't know that 22 Q. Okay At that time did you know that the 23 vermiculite contained tremolite asbestos 24 MS GOLDEN Okay You're assuming at Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 47 all times that all vermiculite that Orton ever had contained asbestos which is simply not true And also I'm not clear on what the time period is Your question lacks foundation It assumes facts not in evidence It calls for speculation MR LEVIN The time frame is when they did the test and he's given the time frames for that MS GOLDEN Well the testing went on 10 for quite a long time didn't it Bill 11 THE WITNESS Dale 12 MS GOLDEN I mean Dale I'm sorry 13 Didn't it go on for a while 14 THE WITNESS The testing for the dust 15 MS GOLDEN Yeah by OSHA or whoever it 16 was 17 THE WITNESS Yeah we did this like 18 every two years 19 Q. Starting in what year 20 A. I have no idea I'm going to say 1970 21 MS GOLDEN Until when 22 THE WITNESS I think it's - I don't 23 know if it's still going on 24 MS GOLDEN Okay Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 48 THE WITNESS But at least through 2000 Q. Okay And were you aware or do you know if others at Orton were aware at that time that the vermiculite contained tremolite asbestos MS GOLDEN Objection assumes facts not in evidence lacks foundation overbroad A. If -- I don't know if anyone else knew that Bill Q. Okay Did you know that 10 A. I know that according to the material 11 safety data sheet 12 Q. But you didn't know it at the time 13 MS GOLDEN Okay I'm going to object 14 to that I have no idea what time period you're 15 talking about now 16 Q. When they began testing did you know 17 that the vermiculite contained tremolite asbestos 18 A. Bill I'm going -- 19 MS GOLDEN That assumes that the 20 vermiculite when they began testing in the 70s 21 contained tremolite and you have not established 22 that at all You've assumed that as a fact so this 23 question completely lacks foundation This is the 24 problem that I have with these types of questions Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 49 Q. Sir you may answer MS GOLDEN No he's not going answer until you lay a foundation Q. Sir in 1970 did you know whether or not vermiculite contained tremolite asbestos MS GOLDEN Okay And you're talking about any vermiculite anywhere in the country Q. The vermiculite you were using in your plant 10 MS GOLDEN Okay So that would be 11 19 - I don't know what year he said 12 THE WITNESS He said 1970. The answer 13 is I did not know 14 Q. Okay Did there come a point in time 15 where Orton contained -- strike that 16 Did there come a point in time where 17 Orton included warnings along with the sale of its 18 pyrometric cones that the cones were packaged in 19 vermiculite that might contain tremolite asbestos 20 MS GOLDEN Objection compound 21 overbroad vague 22 You can answer the question though 23 A. The best I can answer your question 24 because I also found it vague was we never felt that Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 50 it was necessary to put a warning on MS GOLDEN Did there ever come a point in time when you put a warning on your cones THE WITNESS A warning on our cones MS GOLDEN I think he said that had to do with asbestos THE WITNESS That's correct MS GOLDEN And the answer is THE WITNESS No we never did 10 MS GOLDEN Thank you 11 Q. By Mr. Levin Okay So you never 12 included any warning along with the sale of your 13 cones that the vermiculite that it was packaged in 14 might contain asbestos 15 MS GOLDEN Is the answer no 16 A. The answer is no 17 Q. All right Was Orton a member of the 18 American Ceramic Society 19 A. Yes 20 Q. Did you attend those meetings 21 A. From 1960 up until two years ago yes 22 Q. Okay And do you recall at those 23 meetings whether the subject of asbestos as a health 24 hazard was discussed Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 51 A. Now can you clarify that Bill for me When you say at those meetings it was discussed in generalities technical papers conferences What were you referring to Q. I wasn't at the meetings A. Okay Q. But you started attending those meetings when A. 1960 10 And they were regular meetings correct 11 A. Annual meetings of the American Ceramic 12 Society 13 Q. And what I'm trying to learn if somebody 14 attended though annual meetings as you did of the 15 American Ceramic Society whether there would be 16 information discussed or disseminated at those annual 17 meetings that would inform people that asbestos was 18 hazardous to human health 19 MS GOLDEN Okay I'm going to object 20 That lacks foundation It assumes facts that are not 21 in evidence It's vague ambiguous overbroad and 22 it doesn't even ~-- we have no time period here 23 whatsoever 24 But you can go ahead and answer the Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 52 question A. Bill I don't ever recall attending a paper or a conference or a seminar where asbestos was discussed at any of these meetings Q. Okay Did you receive -- was there literature disseminated by the American Ceramic Society A. Yes Q. And did Orton receive that literature 10 A. Most of it yes 11 Q. And were you the person that got that 12 literature 13 A. I got basically the same literature that 14 was sent to the American -- to the Orton Foundation 15 I received that at home also yes 16 Q. Did you review that literature 17 A. Not review Trust me if you'd see the 18 literature -- did I review it In some cases yes 19 In most cases no 20 Q. Did somebody else at Orton review the 21 literature 22 MS GOLDEN Calls for speculation 23 A. Probably not 24 MS GOLDEN Do you know if anyone else Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 53 reviewed it THE WITNESS No. MS GOLDEN Then just say no A. No. MS GOLDEN Don't guess A. I don't know of anyone at the Foundation no Okay Let's take a short break A. Okay 10 MS GOLDEN Oh thank God 11 THE VIDEOGRAPHER Off the record at 1:45 12 p.m. 13 14 Recess taken THE VIDEOGRAPHER On the record at 1:56 15 p.m. 16 Q. By Mr. Levin Sir are you aware of 17 sales to the University of Hawaii in the -164 time 18 frame 19 A. No. 20 Q. Okay Do you know who at the company 21 would have been involved in the -164 time frame in 22 purchasing the vermiculite 23 A. In the purchasing of vermiculite 24 Q. Yes Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 54 A. For our packaging materials -164 Q. Yes A. That would have been either directly or indirectly me Q. Okay Anyone else A. The purchasing not really no Q. Okay Beginning in '63 this was a new material you were purchasing for the first time correct 10 A. A new material for packaging yes a new 11 material yes 12 Q. Okay But are you telling me as you sit 13 here today you don't remember where you purchased it 14 from 15 MS GOLDEN I'm going to object because 16 you've already shown him the check that went to 17 Zonolite so I don't understand the question This 18 has been asked and he answered it and you have all 19 the documents 20 Q. Other than Zonolite do you remember 21 anyone else that you purchased vermiculite from in 22 the -164 time frame 23 A. I don't know of any other Bill 24 Q. Okay Okay Are you aware that the Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 55 Orton cones have been tested for the presence of tremolite A. Orton cones MS GOLDEN Okay I'm going to object That assumes facts not in evidence It lacks foundation it's vague It's ambiguous MR LEVIN I'm going to rephrase it Q. The packaging material that the cones came in are you aware that they've been tested for 10 the presence of tremolite 11 MS GOLDEN Okay I'm going to object 12 again because there's no time frame here and it 13 lacks foundation It's vague ambiguous and 14 overbroad 15 Are you aware that the vermiculite's ever 16 been tested I don't know -- actually I don't know 17 if you can answer that 18 A. Well the best way Bill I can answer 19 your question is according to this material safety 20 data sheet that I have in front of me it says that 21 it was tested yes It was tested or else they would 22 not have put that statement down 23 MS GOLDEN Maybe they made it up 24 Q. Okay But aside from that are you aware Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 56 of any testing of the Orton packaging material that the cones came in the vermiculite for the tremolite A. Not to my knowledge Q. All right Did Orton retain any of the packaging material that went along with its cones in the company warehouse or facility so that they could be tested 10 now MS GOLDEN Okay Are we talking about | 11 Q. Yeah now from back then 12 A. I guess what you're asking me is would we 13 have vermiculite from 1963 14 MS GOLDEN Did you retain any 15 THE WITNESS Did we retain any 16 MS GOLDEN Yeah I think you should 17 listen to the question again 18 Madam Court Reporter could you read 19 back the question 20 Record read 21 MS GOLDEN And then we established a 22 time frame But anyways have you ever retained any 23 vermiculite in your warehouse 24 A. Not to my knowledge Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 57 MR LEVIN All right You know unfortunately on the PMK issue I wasn't involved in this but Ray tells me that this was the witness that was supposed to be produced as the person most knowledgeable on these subjects but you're telling me that he's not being produced as the person most knowledgeable on various subjects that were contained in our PMK notice And I'm going to leave that issue on the 10 table to be resolved by somebody other than me since 11 I was not involved in any of those conversations 12 MS GOLDEN Okay I will just state on 13 the record that I received five PMK notices which we 14 objected to and I had a conversation with Ray on the 15 phone and I said I have these five notices I 16 don't know what you are doing because you aren't even 17 allowed to have five notices and you tell me who you 18 want for deposition 19 And he named a few people including 20 Dale And I said Okay You don't have to 21 produce -- you don't have to subpoena him I will 22 produce Dale for you and you can ask him questions 23 And he did send a depo notice for Dale 24 MR LEVIN All right well -- Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk MS GOLDEN 58 So as a courtesy to you and the Levin firm because Mr. Fronk would have had to be subpoenaed he does not work for Orton anymore in fact anybody else on our PMK would have had to have been subpoenaed I voluntarily made him present for you for his deposition MR LEVIN All right Well we'll see where that is MS GOLDEN That's fine 10 MR LEVIN All right I have no further 11 questions 12 Discussion off the record 13 THE VIDEOGRAPHER Off the record 14 The deposition concluded at 2:06 p.m. 15 16 17 18 19 20 21 22 23 24 Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 59 State of Ohio County of SS I Dale A. Fronk do hereby certify that I have read the foregoing transcript of my deposition given on Thursday May 8 2008 that together with the correction page attached hereto noting changes in form or substance if any it is true and correct Dale A. Fronk I do hereby certify that the foregoing transcript of the deposition of Dale A. Fronk was 10 submitted to the witness for reading and signing that after he had stated to the undersigned Notary 11 Public that he had read and examined his deposition he signed the same in my presence on the day 12 of , 2008 13 14 15 16 My commission expires 17 18 19 20 21 22 23 24 Notary Public F Armstrong & Okey Inc. Columbus Ohio 614-224-9481 Dale A. Fronk 60 CERTIFICATE State of Ohio County of Franklin SS I Rosemary F. Anderson Notary Public in and for the State of Ohio duly commissioned and qualified certify that the within named Dale A. Fronk was by me duly sworn to testify to the whole truth in the cause aforesaid that the testimony was taken down by me in stenotypy in the presence of said witness afterwards transcribed upon a computer that the foregoing is a true and correct transcript of the testimony given by said witness taken at the time and place in the foregoing caption specified and completed without adjournment 10 I certify that I am not a relative employee or attorney of any of the parties hereto or of any 11 attorney or counsel employed by the parties or financially interested in the action 12 IN WITNESS WHEREOF I have hereunto set my 13 hand and affixed my seal of office at Columbus Ohio on this 13th day of May 2008 14 Anderson Anderson Rosemary Ikst 15 Rosemary F. Anderson 16 Professional Reporter and Notary Public in and for the 17 State of Ohio 18 My commission expires April 5 2009 19 8139 20 21 22 23 24 Armstrong & Okey Inc. Columbus Ohio 614-224-9481