Document Z8d4kzod0ExjXYz7z3BDwbqd

Gonzales Group Taken on September 23, 1997 Multi-Page NO. 95-04-1728-D Oral deposition 01: RAYMOND MILLE1 MANUEL P. GONZALES, ET AL,) Plaintiffs, ) ) VS. ) OWENS-CORNING FIBERGLAS CORP., ET AL, Defendants ) ) IN THE DISTRICT COURT CAMERON COUNTY, TEXAS 103RD JUDICIAL DISTRICT VIDEOTAPED DEPOSITION OF RAYMOND MILLER ANSWERS AND VIDEOTAPED ORAL DEPOSITION OF RAYMOND MILLER, a witness produced at the instance of the Plaintiffs, taken in the above styled and numbered cause on the 23rd day of September, 1997, at 10:09 a.m., before MICHELLE McDANIEL, a Certified Shorthand Reporter in and for the State of Texas, at the offices of MEREDITH, DONNELL & ABERNETHY, located at 6850 Texas Commerce Tower, 600 Travis Street, in the City of Houston, County of Harris, State of Texas, in accordance with the Texas Rules of Civil Procedure, the stipulations hereinafter set forth and pursuant to Notice. COPY DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Gonzales Group Taken on September 23, 1997 APPEARANCES OFFIcIPoF^NDREW WATiRS 50i APPEARING FOR PLAINTIFFS APPEARING FOR DEFENDANT BROWN 4 ROOT, INC. Multi-Page1 Oral Deposition of: RAYMOND MILLER Page 2 complied with. IT IS FURTHER agreed by and between the parties hereto, through their attorneys appearing herein, that If the deposition Is not signed and filed prior to any hearing in this cause, that said deposition cr a certified copy thereof may be used on the trial of this cause with the same force and effect as though the same had been read and signed by the said witness. Page : 1 H3ustcr., Texas 7 <046 APPEARING FOR DEFENDANT MKWtr;; Harlingen, Texas 78551 &o VIDEOGAAPKER INDEX. WITNESS: RAYMOND MILLER ation by Mr. Waters...................................... Page 9 ation by Mr. Hewitt...................................... Page 122 Examination by Mr. Erwin.....................................Page 125 Re-Examination by Mr. Waters........................... Page 126 Examination by Mr. Gonzales................................Page 133 Witness' Signature ............................................. Corrigendum............................................................ Reporter's Certificate ................................... Page 137 Page 130 Page 140 EXHIBITS: 1 Notice........................................................................... Page 6 Page 3 Page 4 AS PER RULE 11, the following agreements were agreed to by and between the parties thereto, through their respective attorneys Appearing herein: IT IS HEREBY agreed by and between the parties hereto, through their attorneys appearing herein, that any and all objections to any question, except as to form, or answer, except as to responsiveness, contained herein may be made upon the offering of this deposition in evidence upon the trial of this cause with the same force and effeet as though the witness were present in person and testifying from the witness stand. * IT IS FURTHER agreed by and between the parties hereto, tnat an objection made by one counsel for the respective parties shall be considered good for ail other counsel present. IT IS FURTHER agreed by and between the parties hereto, through their attorneys appearing herein, that this deposition may be signed before any Notary Public and thereafter returned into Court and used upon the trial of this cause with the same force and effect as though all requirements of the Rules and Statutes with reference to signature and return had been fully DIANA HENJUM REPORTING SERVICES, P.C. 1-8U0-780-2555 PROCEEDINGS (Deposition Exhibit No. 1 was marked for identification.) MR. HEWITT: We're now on the record for the deposition of Mr. Raymond Miller. Mr. Miller does have the desire to read and sign his deposition. And if you will be good enough to send the correction sheets and signature page to me. I'll 9ee that Mr. Miller gets it. The original deposition can go to Mr. waters. THE REPORTER: Sure. MR. HEWITT: And Mr. Killer is a former Brown & Root employee who we ace producing pursuant to the Court's instructions relative to an earlier deposition corporate notice that had been directed to Brown & Root. Mr. Miller has voluntarily agreed to appear for his deposition in this case as pending down in Cameron County. Brown Root does not control Mr. Miller's actoins, but Mr. Killer has been good enough to agree to present himself for deposition for Mr. Waters today. MR. WATERS: Cah you tell me which of the several areas he is responsive to in terns of our request for persons with knowledge of specific Issues? MR. HEWITT: The second and third areas relative to work out there. MR. WATERS: Work and safety prectices? MR. HEWITT: I don't think safety practice was set out. I don't have the deposition notice in front of me. I would be glad to go get a copy. But I think MR. WATERS: Well, it's not in the notice. It goes back to whatever the Court ordered. MR. HEWITT: It's relative -- he has knowledge relative to work that Brown t Root performed out there and identity of some of the Brown 4 Root folks who may have been out at the Armco Houston steel plant. MR. WATERS: All right. MR. ERWIN: Andy, can we have an agreement that an objection by one Page 2 - Page Gonzales Group Multi-PageTM Taken on September 23, 1997- RAYMOND MILLER Oral Deposition of: Page 3 Page 11 1 defendant is good as to all?' 1 Q. Very well. Where are you from originally, 2 XR. WATERS: Ail tr.it are present, 2 Mr. Miller? Where were you bom and raised? 3 including Juan. 3 A. Bom in San Antonio, Texas, raised in 4 THE VIDEOSRAPKER: We are on che 4 South Texas, and came to Houston in 1956. 5 record at ID: 09 a..?.. This is the 5 Q. All right: And let's see. You would have 6 videotaped deposition of Raymond Killer in 6 been about 25 years of age at that time, 1956? 7 the natter of Kar.uel ?. Gonjaies, et al, 7 a. Yes. 5 versus Ower.s-Corr.ir.g Fibergias s Q. Okay. How far did you get in school, sir? 3 Corporation, et al. 9 a. One year of college. lv Today's date is Septentbec 23rd, 10 Q. Okay. And where was -- where was that 11 1337. This deposition is taken at 11 year? 12 Meredith, Donnell * Acernethy, oOJ Travis 12 A. University of Houston. 12 Street, Houston, Texas. Videograpr.er is 13 Q. U of H? Was that in'56 or 1 ; Tiniel Paris cf Diar.a Her.jun Reporting u approximately -- 15 Services. 15 A. Well, it was in night school in Houston. 16 Kc-ld counsel please announce their 16 Q. All right. What year did you graduate 17 appearance for the record. 17 from high school? 1? XR. WATERS: Andy Waters for the is A. 1948. 13 plaintiffs. 19 Q. And that was in San Antonio? 2C XR- ERKIN: Harding Ervin for 20 A. No, in Mathis. 21 Arr.co. 21 Q. Mathis. What did you do between 1948 when 22 HR. HEWITT: Jir. Hewitt for Brown i 22 you graduated from high school and 1956 when you came 23 Root, USA, Incorporated. 23 to Houston? 24 y.r. Gonralec? Kr. Gonzalez? 24 A. I worked for a small construction company, 25 Hello. 25 just a local contractor in Mathis, for a while as a 1 MR. GONZALEZ: Hello. 2 MR. HEWITT: Yes. Do you want to 3 state your appearance for the record? 4 MR. GONZALEZ.- This is Juan 5 . Gonzalez with Adams & Graham appearing by 6 telephone for Pittsburgh-Coming and 7 W. R. Grace. 8 *** 9 RAYMOND MILLER 10 was caHed as a witness and, having been first duly 11 sworn by the caurt^reporter, testified as follows: 13 EXAMINATION 14 * * * 15 BY MR. WATERS: 16 Q. Can you tell us your full name, 17 Mr. Miller? 18 A. Yes. My name is Raymond E. Miller. 19 Q. What does the "E" stand for? 20 a. Eugene. 21 Q. All right. Do you go by Ray or Raymond? 22 A Rav. 23 Q. All right. How old a man are you, 24 Mr. Miller? 25 A. 66. Page 9 Page 11 t carpenter helper and then went to work for the Texas 2 Highway Department in Alice, Texas. 3 Q. All right. I'm sorry. What kind of 4 contractor that was? 5 A. It was just -- he was a little -- he was a 6 small carpenter contractor. 7 Q. Doing residential work or -- 8 A. Yes. 9 Q. Okay. All right. And what was it that 10 brought you to Houston in 1956? 11 A. I came to work for Brown & Root 12 Q. Okay. What was die nature of the position 13 that you came to start working for them? 14 A. I came to work as a party chief. 15 Q. Party chief? 16 A. Uh-huh. 17 Q. What -- what is a -- what was a party 18 chief? 19 A. It's a fellow that runs a survey crew. 20 Q. And what -- and back in 1956, what was the 21 nature of the work of the survey crew? 22 A. To do the original surveys for the 23 Mt. McKinley -- the road into Mt. McKinley National 24 Park in Alaska. 25 Q. Oh. Were you -- had you learned the Page 10 Page 1 1 Q. So, let's see. Bom in 1931? 1 trade of surveying while working for the Highway 2 A. Uh-huh. 2 Department? 3 MR. hewitt: Mr. Miller, you have 3 A. Yes. 4 to speak up. You have to speak up. 4 Q. And was it that skill that they hired 5 THE WITNESS: I'm not talking loud 5 you -- that Brown & Root hired you for? Is that why 6 enough? 6 they wanted you to come to work for them, to be a 7 MR. HEWITT: Yes, sir. 7 surveyor? 8 THE WITNESS: Okay. 8 A Yes. 9 Q. (BY MR. WATERS) Well, let me give you 9 Q. For how long a period of time -- well, let io a -- have you ever given a deposition uke this 10 me put it to you this way: After you hired on with n before? 11 Brown & Root, was the Alaska job your first one? 12 A Yes. 12 A Yes, it was. 13 Q. Have you ever given a deposition like this 13 Q. And how long a job was that? 14 before where you had -- 14 A About four months. 15 A Yes. 15 Q. Okay. What did you do after that? 16 Q. Okay. If for--1 want you to wait and 16 a. Came back to Houston. 17 make sure you understand my questions before you 17 Q. All right 18 answer. And if for some reason I ask you a question 18 A Applied to Brown & Root engineering. 19 that you don't understand, would you ask -- ask me to 19 Q. Olmy. And this is in '56 of '57? 20 correct it or change die question? 20 A. '56. 21 A. Yes. 21 o. Still'56. Okay. And so were you 22 Q. Okay. Similarly, it's important for you 22 applying for a different position, in effect? 23 to give an oral response rather than a nod or shake of 23 A Well, I was just applying for anything 24 the head. Okay? 24 because I didn't have a job. 25 A Yes. 25 Q. Okay. The surveying position that you had DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 8 - Page Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997 ______________ RAYMOND MILLER Page 14 Page 17 1 initially, that was no longer available, the work was 1 Q. Okay. Would the part of the estimate that 2 done? 2 you would put together relate to -- would it -- would 3 a. The work was not completed, but it was - 3 it include labor costs? 4 that portion for that year was completed. 4 A. Yes. 5 Q. All right. So, you applied for an 5 Q. Okay. Would it include materials that 6 engineering position? 6 would be used? 7 a. I applied for really anvthina they had. 7 a. Yes. s Q. Fair enough. And what did you wind up 8 Q. What would it not include? What parts of 9 with? 9 the estimate -- overall estimate would not be included 10 a. As a draftsman. 10 in your work after 1958? 11 Q. Tell me what a -- what -- what does a 11 A 1 would not have done the electrical or 12 draftsman do, what kind of work? 12 the piping or the mechanical. 13 a. Prepares engineering drawings. 13 Q. Okay. ButI presume that Brown & Root 14 Q. Okay. For'what type of facilities? 14 would provide to its customer, and for its own 15 a. These were primarily offshore platforms is purposes, an estimate of the cost and materials 16 and civil drawings. 16 associated with electrical, piping, and mechanical? 17 Q. I'm sorry. Civil drawings? 17 a. Yes. is a. Yes. 18 Q. And who--who would do that or how -- how 19 Q. And what are civil drawings, if you can 19 was that done separate from the work that you did? 20 tell me what you mean by that? 20 a. Well, we had - we had one section, winch 21 a. It's--civil work is related to concrete, 21 would be a -- we'd take care of the dirt work, the 22 reinforcing steel, the related items to dirt work. 22 concrete work, this kind of thing. We'd have another 23 Q. Okay. When you're talking about civil 23 group of people that would take care of the electrical 24 projects, what types of projects, what types of 24 and another group of people that would take care of 25 construction come to mind? 25 the piping. Page 15 Page 18 1 A. Highways, concrete projects, any of those 1 Q. Okay. Would the people that took care of 2 items that -- that are related to the civil field. 2 the piping be the same people that would take care of 3 Q. Okay. Well, would that include work at 3 the insulation that was necessary for the piping? 4 steel mills, for example? 4 a. Not necessarily. 5 a. Yes, it would. 5 Q. Okay. What would -- tell me under what 6 Q. Okay. Would it include work at 6 circumstances or what the insulation materials would 7 refineries? 7 fall under. Could that fall -- s a. Yes, it would. 8 A Probably under subcontract. 9 Q. What other types of industrial facilities 9 O. Okay. What did you consider your portion 10 would fall within this civil area that you've 10 of the estimating process to be? Was it general, was 11 described? u it -- did it -- I mean, how would you describe that? 12 a. Most any of them that had roads, dirt 12 Did it just cover concrete? 13 work, concrete work. 13 A Civil related items, 14 Q. Structural work? u Q. Civil related items? 15 a. Reinforcing steel, structural steel work, 15 A Uh-huh. 16 those kind of items. 16 Q. What do you mean by that? 17 Q. All right. In the -- in the early time 17 a. Concrete, rebar, dirt work. is frame, right when you started doing this work in 1956, 18 Q. Okay. 19 what percentage or what approximate amount of your 19 a. Those items related to that. 20 work was related to offshore platforms as opposed to 20 Q. Okay. So, you would be involved with the 21 this civil work that you've described? 21 estimation process for things like concrete, rebar, 22 A. Probably 50/50. 22 and'dirt work; and someone else for Brown & Root would 23 Q. For how long a period of time did that 23 be involved with the estimating process for 24 remain the case? 24 electrical, correct? 25 a. Until 1958. 25 A Yes. Page 16 Page 19 1 Q. Okay. So, for a couple of years, that was 1 Q. And someone else would be involved with 2 what you were doing? 2 the estimating process for piping? 3 A Uh-huh. 3 A Yes. 4 Q. What changed in 1958? 4 Q. And someone else would be involved with 5 a. I transferred to another division in 5 the estimation process for mechanical? 6 Brown & Root. 6 A As far as equipment is concerned, yes. 7 q. And what division wasthat? 7 Q. Are there any other aspects of the s a. The -- it was industrial civil division. 8 estimation process that we have not covered, at least 9 Q. And what was the nature of the work 9 in general? 10 with -- with the industrial civil division for Brown & 10 a Yes. 11 Root? 11 Q. What would that be? 12 A. Went over there and did estimating and 12 A They would be the markups. 13 related items. 13 Q. Okay. You were not involved with the 14 Q. Describe what you mean by estimating. 14 markups? 15 A. Take a set of drawings, make the material 15 A NO. 16 takeoffs, get the unit prices - 16 Q. And to be -- make sure I'm clear on that, n Q. Uh-huh. n when -- when you say "markups," do you mean the profit is A. -- and put the estimate together for the 18 margin that Brown & Root would put on -- on the top of 19 project. 19 the-- all these other related costs, which would be 20 Q. Okay. So, you would evaluate the -- from 20 their profit for the project, or at least -- 21 the drawings ana the materials that would be necessary 21 a That's -- thatfs a part of it. 22 for the wont and put together an estimate for the 22 Q. What else is involved with markups? 23 customer and for Brown & Root? 23 a. Overhead. 24 a. I would put together a part of the 24 Q. Okay. 25 estimate, yes. 25 A Insurance. DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 14 - Page 1' Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997___________________________________________________RAYMOND MILLER Page 20 Page 23 1 Q. All right. What about work that was going 1 Q. Okay. Can you give me a sense of what 2 to be subcontracted out, let's say pipe insulation 2 portion of the -- the insulation work on -- just in 3 work? How would that figure into the estimation 3 general would have been subcontracted out? 4 process? 4 MR. HEWITT: Object to the 5 MR. HEWITT: I'm eoing to object to 5 overbroad form of the question. It's not 6 the overbroad form ofthe question. 6 limited in scope as to location or time 7 a. Would you repeat that question for me, 7 period. 8 please. 8 Q. (BY MR. waters) And, again, speaking of 9 Q. (BY MR. WATERS) Sure. You indicated in 9 the '58 to '61 time frame when you're doing this work. 10 your -- in your earlier testimony that, for example, 10 MR. HEWITT: Same - same 11 thermal insulation might not be covered under piping 11 objections. 12 as per the estimation process and that that would be 12 a. We would sub it. And I can't give you a 13 under subcontract. 1 think that you said something 13 percentage of the total volume of a particular u like that. I don't mean to put words in your mouth, 14 contract because it varies. 15 but that's -- I recall something like that. 15 Q. (by MR. WATERS) Okay. I mean, were there 16 And so my question to you is: Can you 16 some jobs where Brown & Root did all of the insulation 17 tell me just in general how that area would be 17 work? 18 addressed as part of the estimation process to give 18 MR. HEWITT: Again, same 19 Brown & Root and the customer a sense of the cost 19 objections. 20 involved with that? 20 A. I really don't know, because I didn't do 21 MR. HEWITT. Objection; overbroad 21 all of the work at -- at Brown & Root. 22 and vague, indefinite in terms of scope. 22 Q. (by MR. WATERS) Okay. '58 to '61, did 23 a. By subcontract. 23 you have any involvement with projects either ongoing 24 Q. (BY MR. waters) Okay. Well, did you give 24 or new projects at the Armco Steel facility or -- may 25 the customer an idea of the cost associated with the 25 have -- may have been still called Sheffield Steel at Page 21 Page 24 1 subcontract before the contract was entered into? 1 that time? 2 a. Repeat that for me, will you, please. 2 A. Yes. 3 Q. Yeah. And I -- I'm just having trouble 3 Q. Okay. What kind of projects did you-all 4 understanding. 4 do back in'*58 and *61 that you can recall? 5 A. Okay. 5 A. Well, the 160 inch combination mill was 6 Q. I'm sort of presuming--and obviously you 6 one of them. 7 know a lot more about this man I do -- but presuming 7 Q. The 116th? 8 that -- that part of the estimation process was to 8 A. 160 inch combination mill. 9 advise the customer of the cost of the project and all 9 Q. Was that a -- a project that was 10 of the different costs, be they electrical, piping, to constructed in that time frame? 11 mechanical, concrete, rebar, dirt work, whatever costs 11 A. Yes, it was. 12 are associated with the producing the finished 12 Q. And were you involved with the estimation 13 product, that the customer and Brown & Root would want 13 process for that project? 14 to know what those were going to be. Is that a fair 14 A. No. 15 statement? 15 Q. Have you reviewed any documents with 16 a In some instances. If it's a lump-sum 16 respect to that project? 17 contract -- 17 A. No. 18 Q. Okay. 18 Q. Have you reviewed any documents prior 19 A-- they don't -- they don't have a right 19 to -- prior to coming here for your deposition today, 20 to know. 20 either earlier today or at some other time in 21 Q. Okay. 21 preparation for your testimony here? 22 A. Because we're giving them a price for a 22 A No. 23 project that's turnkey. 23 Q. Let's talk about that briefly. Have you 24 Q. Oh, okay. And so when you do a turnkey 24 had an opportunity to meet with the attorney for 25 project or a lump-sum project, you wouldn't 25 Brown & Root, Mr. Hewitt, prior to starting your Page 22 Page 25 i 1 necessarily -- there would be no reason for you to 1 deposition today? 2 break it down and tell the customer what portion of 2 A. No, sir, I had not met Mr. Hewitt before 3 that is for electrical, what portion is for piping, 3 today. 4 and et cetera, et cetera; is that correct? 4 Q. All right Had you spoken to Mr. Hewitt 5 A That's correct. 5 on the telephone before today? 6 Q. Okay. Can you give me a sense of what 6 A No, sir. 7 portion, just in general, of your projects were 7 Q. Had you spoken with Mr. -- with someone 8 turnkey projects like that? 8 from Mr. Hewitt's office before your deposition today? 9 A. Are you looking for a percentage? 9 A Yes. 10 Q. Just a generalization. I'm just trying to 10 Q. All right And who was that? it get a sense ofhow much of your work would have been 11 A His - 12 that, just as generally as you can. 12 MR. HEWITT: Alan Marks. 13 MR. HEWITT: Object. 13 a Alan Marks, yeah. 14 Q. (BY MR. WATERS) A range, if you will. u Q. (by MR. WATERS) All right. And did you 15 MR. HEWITT: And, again, I object is understand that Mr. Marks was another attorney 16 to the overbroad, vague form of the 16 representing Brown & Root? n question. It's not limited in scope as to 17 a Yes, I did. 18 time and geographical location. 18 O. Okay. Did Mr. Marks come and meet with 19 Q. (by MR. WATERS) I'm talking about in the 19 you? 20 late Fifties when you started this work. 20 a Yes, he did. 21 a. Probably most of the work was lump sum at 21 Q. Okay. And -- and where was that meeting, 22 that time. 22 in your home? 23 Q. Okay. And how long did you do this -- 23 a No. It was at Brown & Root's office. 24 this work, starting in 1958? 24 Q. And were there other attorneys in 25 A. Until 1961. 25 attendance for Brown & Root, perhaps Brown & Root DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 20 - Page 25 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997_____________ __________________ _RAYMOND MILLER Page 26 Page 29 1 in-house counsel? 1 record was read by the 2 A. No. 2 reporter.) 3 Q. Just you and Mr. Marks met? 3 a. No. 4 a. Yes. 4 Q. (by MR. waters) You're not here to tell 5 Q. And when did that meeting take place? 5 the jury that you believe Mr. Pyle wasn't exposed to 6 a. I don't know the exact date. Probably 6 asbestos or anything of that nature? 7 three weeks ago. 7 a. Repeat that again, would you, please. s Q. Okay. How long did you meet with 8 Q. You're not here to tell the jury in this 9 Mr. Marks? 9 case that, for example, Mr. Pyle was not exposed to to a. First time, probably two hours. 10 asbestos? 11 Q. Okay. And the second time you met with 11 MR. HEWITT: Same objections. 12 the Brown & Root lawyer, about how long? 12 A. No. 13 a. I met-- no. I met with Mr. Marks again. 13 Q. (BY MR. waters) Okay. Fair enough. 14 Q. Okay. And the second time you met with 14 Do you have any opinions about whether or 15 Mr. Marks, how long was that? 15 not Mr. Pyle as an Armco electrician may or may not 16 a. Probably two, two and a half hours. 16 have been exposed to asbestos dust created by 17 Q. Okay. So, somewhere total meetings with 17 Brown & Root employees? is Mr. Marks, who's representing Brown & Root, for about is - MR. HEWITT- Objection; overbroad 19 Four and a naif hours total? 19 and vague and speculative. 20 a. Yes. 20 a. Repeat that question again. 21 Q. All right. 21 Q. That one I'Dget her to read back. 22 a. That's approximately. 22 (The requested portion of the 23 Q. Did you and Mr. Marks review any 23 record was read by the 24 documentation together? 24 reporter.) 2J a. We reviewed a layout of the Armco plant. 25 A. NO. Page 27 Page 30 1 Q. All right. Did you review the layout on 1 Q. (BY MR. WATERS) Do you have any opinions, ~ 2 both times that you met with Mr. Marks? 2 based on your review of the survey report and your 3 a. Yes. 3 discussions with Mr. Marks or any other -- at -- any 4 Q. And did you understand in your meetings 4 other information you may have, concerning Brown & 5 with Mr. Marks that at some point in time you were 5 Root's use of asbestos materials or work around 6 going to be giving a deposition probably in the case? 6 asbestos materials at the Houston Armco Sheffield 7 a. Yes. 7 plant? 8 Q. Other than the layout, sir, have you 8 MR. HEWITT: Object to the 9 reviewed any other documents or materials relevant to 9 overbroad form of the question. Also, 10 your deposition today? 10 it's not clear what you mean by "survey 11 A. No. 11 report." It's ambiguous and misleading. 12 Q. Do you still have any Brown & Root related 12 MR ERWIN: I'm sorry, Andy. I was 13 materials at your home or in your possession at home? 13 going to ask as well. 14 a. No, not that I'm aware of. 14 MR WATERS: Whatever he looked at. 15 Q. Okay. Tell me. if you will, what 15 What did he -- maybe Iused the wrong 16 Mr. Marks told you about this case, what you can 16 term. I'm sorry. 17 recall. 17 MR. ERWIN: The plant layout? 18 a. That -- that Brown & Root was -- was a 18 MR. WATERS: The plant layout. 19 party in a suit by Mr. Pyle (phonetic) -- 19 MR. HEWITT: The plot or layout. 20 Q. Uh-huh. 20 Q. (BY MR-WATERS) I'm sorry. To clarify, I 21 a. - that was coining to trial in the not to 21 meant the plot or layout, the diagram that you -- 22 distant future. 22 A Then ask me that -- that one again. 23 Q. Did he give you any information about 23 Q. I'll have to have her read those back. 24 Mr. Pyles' job duties or Mr. Pyle's job description? 24 (The requested portion of the 25 a. Yes. 25 record was read by the Page 28 Page 31 1 Q. What did he tell you? 1 reporter.) 2 a. That Mr. Pyle was an electrician. 2 MR. HEWITT: I also object to the 3 Q. Okay. What else did he tell you about 3 question on the ground that it assumes 4 Mr. Pyle's job duties? 4 facts not in evidence. 5 a. Not any -- not -- not any that I can 5 a No. 6 remember. 6 Q. (BY MR. WATERS) When did you first visit 7 Q. Okay. Did Mr. Marks ask you if you had 7 the Armco facility? s any opinions about Mr. Pyle's potential exposure to 8 A 1961. 9 asbestos? 9 Q. Okay. Now, tell me this: In '61, how did 10 A. No. 10 your job duties or your job description change? 11 Q. Do you have any opinions about Mr. Pyle's 11 A I went out there as a -- as a cost 12 potential exposure to asbestos while employed at 12 engineer. 13 Armco? 13 Q. To the facility? 14 MR. HEWITT: Object to the 14 a Yes. 15 overbroad, vague formof the question. 15 Q. All right. So, you were actually employed 16 It's also speculative. 16 on site? n q. (by MR. WATERS) You can answer, 17 a Yes. is a. Repeat the question for me, would you, 18 Q. And for how many years or what length of 19 please. 19 time did you work at the -- actually at the Armco 20 mr WATERS: Would you read that 20 facility? 21 back, please, to Mr. Miller. 21 A From 1961 until 1983, with the exception 22 I can never get it exactly the same 22 of about three years. 23 way; so, 1 have to read it -- 23 Q. What three years would those have been? 24 the WITNESS: Sure. 24 a In the late -late Sixties. 25 (The requested portion of the 25 Q. Okay. What were you doing in that time DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 26 - Page 3 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997_____________ RAYMOND MILLER 1 frame? Page 32 ,. 1 Q. Let s just take the -- the earlier time Paae 351 " 2 A. In that three years? 2 frame again. And from now on, when I speak about the 3 Q. Yes, sir. 3 earlier time frame. I'm talking '61 to the late 4 a. I was -- I was still working for 4 Sixties. When I use the term Nate time frame," 5 Brown & Root at -- at another facility. 5 that's after you get back from the late Sixties. Is 6 Q. What facility was that? 6 that fair enough? 7 a. One of them was the coppers plant across 7 a. Sure. 8 from Armco Steel. s a Okay. Talking about the early time frame, 9 Q. Uh-huh. 9 did Brown & Root employ craftsmen who were called 10 a. Another one was the relocation of the 10 "insulators" at the Armco facility? 11 coppers over off of Collingsworth, from Collingsworth li' a. Not that I recall. 12 to another part on the north side of town. 12 Q. Okay. Did Brown & Root employ personnel 13 Q. All right. How long were you a cost 13 that were called "pipefitters" in that time Frame? u engineer? How long was that your -- your title u a. Yes. 15 starting in '61? 15 Q. Okay. And tell me what the nature and the 16 a. I can't really recall. 16 duties would have been of a Brown & Root pipefitter 17 Q. Well, at some point in time, did -- did 17 working at Armco Steel in the early period. l s your duties and your title change? Can you give me a 18 a. It would have been installing piping on 19 general idea of that? Were you a cost engineer up 19 the -- on the combination mill. 20 until the time you took those three years or went 20 Q. Can you give me a sense of approximately 21 somewhere else? 21 how much piping was installed on the combination mill 22 a. Yes, I believe so. 22 in the early time frame? 23 Q. All right. When you came back in the late 23 a. No, sir, I can't. 24 Sixties or wherever after that three years, were you 24 Q. Okay. Would it have been thousands of 25 still a cost engineer? 25 feet? Page 33 Paae 36 1 A. No. 1 A. Yes. 2 Q. Okay. What were you when you came back in 2 Q. Would it have been tens of thousands of 3 the late Sixties? 3 feet? 4 A. I came back as a superintendent. 4 a. Verypossibly. 5 Q. In the time frame starting in '61 when you 5 Q. So, what we're -- now, would that have 6 were a cost engineer up until you left the facility in 6 been steam piping? 7 the late Sixties, can you give me just a thumbnail 7 a. It would have been all kind of piping. 8 sketch of your duties and responsibilities as a cost 8 Q. All right. And pipefitters don't just 9 engineer? 9 work on steam pipe, do they? 10 A. I went out and physically measured what we 10 A. No. 11 were doing so we could come up with the quantities 11 Q. The steam pipes that were installed at the 12 necessary to estimate how we were doing on the 12 combination mill would have been insulated, correct, 13 project. 13 sir? 14 Q. All right. Were there Brown & Root 14 a. Yes. 15 personnel employed at Armco doing contracting work 15 Q. Okay. And are you aware of the fact that 16 continuously from 1961 to 1983? 16 those were typically insulated with asbestos 17 A. Yes. 17 insulation, thermal insulation materials? 18 Q. Okay. And give me a sense of that in is a. No, sir, I -- 19 the -- and let's start with the early Sixties. About 19 MR. HEWITT: Object to the 20 how many Brown & Root employees were working out there 20 speculative form of the question. 21 on a regular basis? 21 MR. GONZALES: Objection; calls for 22 A. That varied dependingon the workload. 22 speculation, assumes facts not in 23 Q. Okay. Can you give me a high and a low? 23 evidence. 24 Again, we're talking about the time frame from '61 24 Q. (BY MR. WATERS) Okay. You can answer. 25 until the late Sixties when you went somewhere else 25 I'm sorry. Page 34 Page 37 1 for a few years. 1 A. I'm aware that they were insulated, but 2 a. 1 would -* I would --1 would say probably 2 I'm not aware of what the product was. 3 around 400 high, 500 high. 3 Q. All right. You can't tell us, for 4 Q. Okay. 4 example, the names of any of the products that were 5 A. Maybe 50 low. 5 used, the brand names, or can your 6 Q. Okay. And -- and in terms of. again, that 6 A No. 7 same time frame, can you give me what the average 7 Q. And you can't tell us what the products 8 would have been.approximately for that whole time 8 were made out of? 9 frame? 9 A No. 10 a. No, I couldn't, because it's depending on 10 Q. That is to say, in particular, whether or 11 what -- what kind of work we had. 11 not they contained asbestos? 12 Q. Let's talk about the time frame after you 12 A NO. 13 came back in the -- after that three-year time frame 13 Q. Did you have a general understanding back 14 in the late Sixties. 14 in the early period that thermal insulation for steam 15 Can you give me a sense again of the 15 pipe often contained asbestos? 16 range, the High and the low of the number of 16 MR. HEWITT: Object to the n Brown & Root employees working out there? 17 overbroad, vague form of the question. is a. Low might have been 30. 18 Assumes, facts not in evidence. 19 Q. Okay. 19 A. No. 20 a. And nigh would probably have been 20 Q. (by MR. WATERS) Okay. Did you even know 21 somewhere, 8-. 900. 21 what asbestos was in the early period? 22. Q. All right. All right. Did -- was 22 A Not really. 23 Brown & Root organized and have it's employees 23 Q. Okay. And I take it from that that you 24 organized by crafts? 24 had no concept that asbestos could be a hazardous 25 a. Yes. 25 substance, at least in the early period? DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 32 - Page 3' Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997 ____________RAYMOND MILLER 1 A. No, sir. Page 38 1 new construction for the moment, in terms of Page 41, 2 Q. Fair enough. Can you give me the 2 maintenance projects, those were ongoing as well, were 3 dimensions of the combination mill approximately, in 3 they not, at the facility? 4 terms of its overall sizes? 4 MR. hewitT: Objection; overbroad 5 a. Length was probably 1500 feet by width, 5 and vague. 6 150. And that's probably a little bit oversized 6 A. Well, first of all, we didn't do 7 because it varied m size like this (indicating). 7 maintenance work out there. 8 Q. Was not an absolute -- 8 Q. (BY mr. WATERS) Okay. And are you 9 a. It was not a rectangle. 9 speaking of the early time frame, or are you speaking to o. -- rectangle? I see. Okay. All right. 10 of the entire time frame you were there? 11 And was the construction on that project completed 11 A. I'm talking about the whole time frame. 12 in -- during the early period, '61 to the late 12 Q. Okay. Arid just so we're clear on what you 13 Sixties? 13 mean, what do you mean by "maintenance"? When you say 14 a. Yes, it was. 14 that -- that they didn't do maintenance work out 15 Q. Was that--was that project begun when 15 there, what are you -- what are you telling me? 16 you went to work up there in about '61? 16 A. I'm telling you that -- that Armco had a 17 a. It was already started. 17 maintenance department. is Q. It was already started? 18 Q. Okay. 19 a. Yes. 19 A. And they did the maintenance on their own 20 o. Okay. At what point in time was any area 20 mills. 21 of the combination mill being used by Armco, that is 21 Q. All right. Does that mean that 22 to say, at what point in time had -- had sufficient 22 Brown & Root employees were only involved with what I 23 construction been completed so that the Armco 23 call new construction? 24 employees were working in the facility? 24 A. Not necessarily. 25 a. 1 don't know that lean give you a time. 25 Q. All right. Explain that difference for me Page 39 Page 42 1 Q. Well, let me see if I can try to narrow it 1 so it's not -- 2 for you a little bit. 2 A. Okay. We had amiscellaneous construction 3 a. Okay. 3 contract with them. 4 Q. You've indicated that from '61 until the 4 Q. All right. Was that throughout the whole 5 late Sixties you were involved with this -- this 5 time frame you were there? 6 process, this project. When you left, the project was 6 a. Yes. 7 completed, correct? 7 Q. Tell me what the miscellaneous 8 A. Yes, that's true. 8 construction contract, what kind of work that 9 Q. Okay. So, certainly at that time, the 9 involved. 10 Armco employees were working in the combination mill? 10 a. If we -- if they had something that they 11 A. Yes. 11 wanted done in the mill -- 12 Q. All right. Was there a time period before 12 Q. Uh-huh. 13 the total completion of the project where Armco 13 a. -- and it was in our expertise to do it -- 14 employees were able to start working in there and -- 14 Q. Uh-huh. 15 ana utilizing the facility, at least part of the 15 A -- then we gave them a price; and if they 16 facility? 16 accepted that price, they would let us do the work. 17 a. Are you talking about from a -- from 17 Q. All right. Ana so there were a number of 18 rolling steel? is miscellaneous construction projects that would have 19 Q."Yes, sir. 19 been done from '61 to '83? 20 A. No. 20 a Yes, sir. 21 Q. Okay. Werethere any Armco employees in 21 Q. All right. And would those have been in 22 the facility prior to its completion? 22 the nature ofmaintenance; that is to say, working on 23 MR. HEWITT: Objection; 23 materials that are already there, structures that are 24 speculative. 24 already there, as opposed to creating or building new 25 a. I can't answer that because - 25 structures? Page 40 Page 43 1 Q. (BY MR. WATERS) You can't say one way or 1 A Yes. 2 the other? 2 Q. All right. Can you give me a sense of -- 3 a Well, somebody could have walked through 3 of -- well, first of all, m the early time frame, 4 it. 4 were you involved at all with the miscellaneous 5 Q. Right. Okay. So, while the construction 5 construction contracts? 6 was ongoing and the Brown & Root employees were doing 6 A No. 7 the work, certainly Armco employees, at a minimum, 7 Q. All right. Were you when you became a s could have walked through the facility? 8 superintendent for the later part? 9 MR. HEWITT: Objection; 9 A Yes. 10 speculative, and it's a 10 Q. All right. Are you aware from the fact 11 mischaracterization of his testimony. 11 that you were at the facility that Brown & Root 12 Q. (by mr. WATERS) You can answer. 12 performed a variety of miscellaneous construction 13 a Yes, it's possible. 13 projects or maintenance projects in the early time 14 Q. All right. You didn't put up -- the 14 Frame? is Brown & Root people didn't put up barricades or have . 15 a Yes. 16 security to keep the Armco people out of the project, 16 Q. With respect to the later time frame, 17 did they? n going all the way to 1983, give me a sense, if you 1 is a We didn't have security, no. But it was 18 can, of your duties and responsibilities as a 19 common knowledge that this was a construction area, 19 superintendent. 20 and it was so identified. 20 a. I was -- originally, as a superintendent, 21 Q. Okay. All right. Were all of the 21 I was in charge of the dirt work, the concrete work, a 22 Brown & Root construction areas identified in that 22 number of the subcontractors, which would be related 23 fashion? 23 to the -- to the civil portion of the work. I'm 24 A. No. 24 talking about railroad, those kind of things. 25 Q. Okay. And in terms of -- putting aside 25 Q. All right. And how long were you a DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 38 - Page 43 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997____________ _____________________________________ RAYMOND MILLER Page 44 Page 47 1 superintendent, the entire time frame? 1 take late Sixties to late Seventies time frame -- what 2 A. NO. 2 Brown & Root's involvement would have been with steam 3 Q. When did that change? 3 piping in the nature of miscellaneous construction 4 a. That changed in 1979,1 guess. 4 work. 5 Q. Okay. What did you -- what -- what was 5 a. I can't answer that because of -- because 6 your new position starting about '79? 6 of the fact that I wasn't really involved with it. I 7 a. Assistant project manager. And these 7 knew that they were working on it, but I wasn't s might not be exactly the right dates, but it's -- s involved with it because the -- we had another man out 9 Q. Okay. 9 there that was in charge of the piping. 10 a. Okay. 10 Q. What was his name? n Q. I appreciate that. That's fair enough. 11 A. Willy Embree. 12 It's pretty hard to be exact after all these years. 12 Q. Say it again. 13 Alt right. Your work as a superintendent 13 a. Willy Embree. 14 up until about 1979, what portion of that work, if you M Q. Can you spell that last name? 15 can give me a general sense, would have involved the 15 a. E-m-b-r-e-e. 16 maintenance work as opposed to new projects? 16 Q. E-m-b-r-e-e. Was he a piping 17 a. Well, first of all, let me go back and 17 superintendent or something like that? is clarify. We didn't do maintenance work. is a. Yes. 19 Q. I'm sorry. Okay. What portion of your 19 Q. And was the majority of Mr. Embree's 20 work up until '79, as a superintendent, involved these 20 supervisory work have -- have to do with these 21 miscellaneous construction contracts where you were 21 miscellaneous construction contracts? 22 working on fixed structures or fixed equipment or 22 a. He was essentially like I was. If -- if 23 whatever? 23 we had a - a lump sum contract we were working on, he 24 MR. HEwrrT: Is this in the early 24 would be in on that one, also. 25 time frame or, like -- 25 Q. Okay. So, some of Mr. Embree's work and Page 45 Paae 48 1 MR. WATERS: This is -- 1 his supervision would have had to do with what I calf 2 MR. HEWITT: - this is the 2 "new construction"; and some of it would have had to 3 whole -- 3 do with these miscellaneous construction contracts, 4 MR. WATERS: This is as -- as 4 which is work on older steam pipes, for example? 5 superintendent up until'79. So, late 5 a. Yes. 6 Sixties to earlySeventiesis what we're 6 Q. All right. Do you know where Mr. Embree 7 talking about. 7 lives now or if he still works for Brown & Root? 8 A. I don't know that I can really answer 8 a. No, I don't. 9 that. 9 Q. Okay. Have you seen him since he left the 10 Q. (by MR. WATERS) Okay. Tell -- tell me 10 Armco plant? 11 why it's difficult for you. 11 A. No. 12 a. Because some of it, some of this was done 12 Q. Is he the best person to talk to 13 on a unit price basis. 13 concerning details about Brown & Root employees 14 Q. All right. 14 working around steam pipe, working with piping 15 a. And some of it was done on a lump sum 15 insulation, that sort of thing? 16 basis. 16 MR. HEWITT: Object to the 17 Q. Okay. 17 overbroad, speculative form of the is a. A lot had--and I was primarily involved 18 question. 19 in the civil portion of the work. 19 a. For part of it. 20 Q. Ana by that, you mean the dirt and 20 Q. (BY MR. WATERS) Okay. For which part? 21 concrete work? 21 a. For the area that - that he was involved 22 A. Yes. 22 in while he was there. Okay? 23 Q. And worked with the subcontractors? 23 Q. All right. 24 a. That's correct. 24 a There's also another gentleman out there 25 Q. All right. Well, would you agree with me. 25 named George Berger. Page 46 Page 49 1 sir, this throughout that time frame from the late 1 Q. B-u-r-g-e-r? 2 Sixties to the Tate Seventies, there were a 2 a. B-e-r-g-e-r. 3 significant number of these miscellaneous construction 3 Q. All right. How would Mr. Berger's 4 contracts that -- that you've described? 4 experience have been different or his knowledge be 5 A. Yes. 5 different from that of Mr. Embree? 6 Q. All right. And would that also be true 6 MR HEWITT: Objection; 7 for the period from '79 to '83 or late ~ 7 speculative. s A. Yes. 8 a. Because Mr. Berger wouldbe maybe working 9 Q. Do you haveany personal knowledge as to 9 at a different part of the mill. 10 whether any of the miscellaneous construction contract 10 Q. (BY MR. WATERS) But what were -- what was 11 work involved work with or around thermal insulation 11 the difference between their duties and 12 in the vicinity of the steam piping? 12 responsibilities that -- that would give them 13 a. Yes. 13 different knowledge, if you can recall? 14 Q. Yes, it did; or, yes, you have personal 14 a. George primarily had all of the labor. 15 knowledge? I'm sony. 15 Q. Now, what do you mean by that? What-- 16 a. Well, I know that we did work around steam 16 a. He had all of the labor forces. Okay? n pipes. 17 Q. Okay. is Q. Okay. And that -- and, again, this is in 18 a. As far as that miscellaneous construction 19 the context of the miscellaneous construction work? 19 is concerned. 20 That's what I'm asking you about as opposed to new 20 Q. I see. 21 construction. Is that a fair -- fair enough? 21 A. He also had the head carpenters and rod 22 a Yes. 22 busters and those kind of things, too. 23 q. Okay. Just wanted to make sure we were on 23 Q. Did he have pipefitters working for him? 24 the same page. 24 A. NO. 25 Tell me generally in the -- let's just 25 Q. Did he have insulators working for him? DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 44 - Page 49 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997 RAYMOND MILLER Page 50 Page 53 1 A. No. 1 were qualified and able to do pipe covering work? 2 o. What was the -- what were the categories 2 a. Yes. 3 of tne labor forces that he had under his supervision 3 Q. Okay. And what category of craft or 4 doing this miscellaneous construction work? 4 what -- would it have been laborers who would do that 5 a. Carpenters, rod busters. 5 type of work, or what would the categorization have 6 Q. Rod busters? 6 been? 7 a. Carpenters, rebar people. 7 A. Piping. 8 Q. Uh-huh. s Q. Piping workers or pipe -- 9 a. Dirt work, labor, 9 a. Piping people. to Q. Laborers? 10 Q. Piping people. Okay. But you didn't call 11 a. Yes. 11 them "pipe coverers," per se? 12 Q. Okay. Would Mr. Berger have been the one 12 A. No. 13 who had responsibilities with respect to miscellaneous 13 O. When you observed the tear out or rip out 14 construction work that would have involved steam 14 of thermal insulation around steam piping, would that 15 piping or pipe insulation, as opposed to Mr. Embree? 15 work have been done by the pipe people, as you've just 16 MR. HEWITT: Object to the 16 described them? 17 speculative form of tne question. Also, 17 MR. HEWITT: Object to the is assumes facts not in evidence. 18 overbroad, vague form of the question. 19 a. Repeat that question, would you, please? 19 A No. 20 MR. WATERS: I'm going to have to 20 Q. (by MR. WATERS) who would have been doing 21 get her to read that one back. 21 that work? 22 (The requested portion of the 22 A The labor crew. 23 record was read by the 23 Q. The labor crew? 24 reporter.) 24 a. Uh-huh. 25 a. Could have. 25 Q. All right. Page 51 Page 54 1 Q. (by MR. WATERS) Have you ever observed 1 a. Yes. | 2 the process of removal or what they call "tear out" or 2 O. And the labor crew, are those folksthat j 3 "rip out" of thermal insulation materials from steam 3 are less well trained than, for example, the pipe j 4 piping? 4 people? j 5 a. Yes. 5 A I wouldn't say that they are less well 6 Q. All right. And would that have been on 6 trained. They are - they are trained as well for 7 few or on many occasions over the years? 7 their type work as the pipefitter is for his. 8 a. Few. 8 Q. All right. Fair enough. 9 Q. When you observed that process, would that 9 But, in any event, for Brown & Root, 10 have been, one of the places have been at Armco steel? 10 the -- the employees that would have been involved n a Yes. 11 with the removal of insulation material would have 12 Q. When you observed that process -- well, 12 been laborers? 13 let me ask you this: Did you see that anywhere else, n MR. HEWITT: Object to overbroad, 14 or is Armco the -- the place that you recall seeing 14 vague form of the question. It's not 15 it? 15 restricted to time period or geographic 16 a. Oh, I had seen it at other - in other 16 location or even reference to 17 places, also. 17 circumstances relating to the Armco 18 Q. Okay. With respect to the--that is Houston Steel. 19 process, do you recall that it produced visible dust? 19 Q. (BY MR. WATERS) And just to clarify, I'm 20 MR. HEWITT: Objection to the 20 asking the question with respect -- let me ask the 21 overbroad, vague form of the question. 21 question over. 22 It's not reasonably restricted to a 22 With respect to the Armco facility where 23 relevant time period or location. 23 you worked from '61 to '83, would Brown & Root 24 Q. (by MR. waters) Okay. You can answer. 24 laborers have been the employees that were involved 25 a. Well, to answer your question, in a steel 25 with the removal of thermal insulation materials? Page 52 Page 55 1 mill, you would have dust everywhere. Okay? 1 MR. HEWITT: Objection. 2 Q. Okay. 2 A. More than likely. 3 a. Steel making is -- is inherently a dirty 3 MR. HEWITT: Objections -- same 4 business because of the -- just the nature of making 4 objections as launched before that 5 steel. 5 previously. 6 MR. WATERS: All right. Let me 6 Q. (BY MR. WATERS) All right. I'm going to 7 object to the nonresponsive portion. 7 ask you to repeat your answer because I'm concerned 8 And I have to do that from time to 8 that the objection may have overridden it on the 9 time. Don't - don't worry about it. I 9 video. 10 don't mean anything bad about it. 10 a More than likely. 11 Q. (BY MR. WATERS) And understanding that 11 Q. Thank you. 12 there was dust generally in steel mills, when you 12 And when you observed that process on a 13 observed this np out or tear out process, did you 13 number of occasions, did you -- do you recall if any 14 notice that it, in and of itself, created dust 14 of the Brown & Root employees wore any kind of 15 separate and apart from whatever other dust there may is respiratory protection over their faces, mouth -- 16 have been in the facility? 16 a Yes. 17 A No. 17 Q. They did? They did? Okay. 18 MR. HEWITT: Object to the 18 a Yes, they did. 19 overbroad, vague form of that last 19 Q. All right. And can you give me a sense 20 question. 20 of -- of how many occasions approximately it was that 21 Q. (BY MR. WATERS) In your work at Armco, 21 you observed that process in the '61 to '83 time 22 did you ever have any -- any contact with insulation 22 frame? 23 contractors or subcontractors? 23 A I have no idea. 24 a. Not to my recollection. 24 Q. All right. But it is something that, as 25 Q. Okay. Did Brown & Root have personnel who 25 you sit here, you can recall in your mind's eye? DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 50 - Page 5: Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997______ _______RAYMOND MILLER Page 56 Page 59 1 a. Yes. 1 - MR. GONZALEZ: I'm going to object. 2 Q. Do you recall what particular building 2 That calls for speculation. 3 that was in or what particular project that was in, or 3 MR. HEWITT: Also object to the 4 do you just have a general recollection that this was 4 overbroad, vague form ofthequestion. 5 something that took place on a number of occasions? 5 MR. ERWIN: Also assumes facts not 6 , a. Just a general recollection. 6 in evidence. 7 Q. Fair enough. Do you also -- is it also 7 Q. (by MR. waters) You can answer, s your general recollection that each and every time you s a. In the early Seventies. 9 observed that process, the Brown & Root employees were 9 Q. All right. How was it that you came to 10 wearing respiratory protection of some sort? 10 learn that? 11 A. Rephrase that or reask that. 11 a. Because of OSHA requirements. 12 Q. Yeah, I would be happy to. Yeah. 12 Q. AU right. And did you Ieam that -- did 13 What I'm trying to determine is, I 13 you learn from other Brown & Root employees that there 14 understand you have a general recollection of seeing 14 were OSHA requirements having to do with asbestos? 13 this process on a number of occasions. My question to 15 a. From our safety department. 16 you now is: Do you recall or can you recall whether 16 Q. All right. Did your safety department 17 on each of those occasions respiratory protection was 17 have somebody full time at the Armco plant? l s being used? 18 a. Not all of the time. 19 a. On every one of them? 19 Q. Who would -- who would the safety 20 Q. Yes, sir. And -- 20 department personnel have been that told you about the 21 A. No. 21 asbestos or about OSHA in the early 1970s? 22 Q. Okay. Fair enough. I mean, it's 22 a. From our corporate office. 23 difficult. If you can't, I appreciate that. 23 Q. And who -- can you give me the name of a 24 Would you agree with me that your 24 person or who -- who that would have been from your 25 recollection of die protection being used may have 25 corporate office? Page 57 Page 60 1 been the more recent times you saw this take place; 1 A Gosh, I can't. 2 that is to say, perhaps after '79 when you became the 2 Q. Okay. And prior to the early Seventies, 3 assistant project manager or in that time frame? 3 am 1 correct that you didn't know that asbestos was -- 4 MR. HEWITT: I object to the form 4 that there was -- that some of the insulation 5 of the question on the grounds that it's 5 contained asbestos? Let me try that one again. 6 overbroad and vague, not restricted 6 Prior to the early 1970s, is it true that 7 reasonably to a relevant time period. 7 you were not aware that thermal insulation contained 8 Q. (BY MR. WATERS) Fair enough. You can 8 asbestos? 9 answer. 9 a. That's correct. 10 a. They did wear the dust masks early. 10 Q. Fair enough. n Q. All right. And when you say "early," what 11 MR. HEWITT: I object to the form 12 do you mean, sir? 12 of that last question on the grounds it's 13 a. In the early time frame that you're 13 overbroad, vague, and speculative, not 14 talking about. 14 restricted to the geographic location or 15 Q. " Before you went on that three years? 15 time period. 16 a. Uh-huh,yes. 16 Q. (BY MR. WATERS) Is it also a fair 17 Q. Okay. So, what--what you're saying, 17 statement that prior to the early 1970s, you did not l s then, is that the Brown & Root employees wore 18 have any personal knowledge or awareness that asbestos 19 respiratory protection around the insulation lip out 19 was considered to be a hazardous or toxic substance? 20 work in the '61 to the late Sixties time frame? 20 a. That's correct. 21 a. Well, first of all, what are you talking 21 Q. Okay. Did you become aware of the fact 22 about as far as respiratory protection? 22 that asbestos was considered to be hazardous and toxic 23 Q. Some type of mask or -- 23 at approximately the same time you became aware that 24 A. Yes. 24 thermal insulation materials contained asbestos; that 25 Q. All right. Did you wear some type of 25 is to say, in the early 1970s? Page 58 Page 61 1 respiratoryprotection when you were in the vicinity 1 MR. GONZALEZ: I object. That's 2 of mat work? 2 overbroad. It calls for speculation. 3 A. No. 3 MR HEWITT: It also assumes facts 4 Q. And were the -- is it your recollection 4 not in evidence that all thermal 5 that the workers were wearing respiratory protection 5 insulation contains asbestos. 6 in order to avoid breathing whatever dust was created 6 Q. (by MR WATERS) You can answer. 7 from the work? 7 a What was the question, again? 8 A YcS 8 MR WATERS: You have to read it 9 Q. Okay. And I -- Ithink you'll agree with 9 back. 10 me that probably they were wearing that protection 10 (The requested portion of the 11 because the dust was, in fact, generating some degree 11 record was read by the 12 of dust -- I'm sorry. Let's start that over. I got 12 reporter.) 13 my words mixed up. 13 A. Yes: 14 Will you agree with me that the reason or 14 Q. (by MR WATERS) And would the source of 15 one of the reasons these workers were wearing dust 15 that information have been the same; that is to say, 16 masks of some sort in the early 1960s was because the 16 from the corporate safety department? 17 work process that we've described created some dust? n a Yes. 18 MR erwiv: Objection; calls for is Q. And did you come to understand that osha 19 speculation. 19 had put restrictions or limitations on the amount of 20 a. Yes. 20 exposure to which -- amount of exposure to asbestos 21 Q. (by MR waters) All right. Did you 21 that an employee could have? 22 understand as of the early -- well, let me put it to 22 A. Yes 23 you this way: When did you first come to understand 23 Q. Did you come to understand that in the 24 that -- that thermal insulation at the Aimco facility 24 State of Texas as early as 1958, there had been 25 may have contained asbestos? 25 regulations to limit the amount of asbestos exposure DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 56 - Page 61 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997__________________________________________________ RAYMOND MILLER Page 62 Page 65 1 in the workplace? 1 much rather use -- 2 MR. ERWIN: Objection; vague, 2 A. It's pipefitters. 3 ambiguous, mischaracterizes the evidence. 3 Q. Okay. We're talking about the same thing. 4 MR. HEWITT: I join those 4 All right. So. Brown & Root employees 5 objections; and, also, I object to the 5 would -- would do the actual pipefitting work; but the 6 form of the question on the grounds that 6 application of pipe insulation would be done by 7 it assumes facts not in evidence and is 7 subcontractors in large part? 8 misleading. s A. Yes. 9 Q. (BY MR. WATERS) You can answer. 9 o. But there were occasions when the 10 a. I don't recall. 10 application of pipe covering materials was done by 11 Q. All right. Now, when you first heard that 11 Brown & Root employees? 12 asbestos was a hazardous substance in the early 12 A. Not that I can recall. 13 Seventies -- 13 Q. All right. And can you recall what 14 a. Uh-huh. 14 contractors or subcontractors would have done the pipe 15 Q. -- did that raise your curiosity level at is covering or insulation work after the Brown & Root 16 all? 16 employees did the pipefitting work? 17 a. Yes. 17 a. 'Yes. Triple B. l s Q. Okay. And you knew that you had worked 18 Q. All right. 19 over the previous 10 or 15 years probably around a lot 19 a. And that's essentially the only one that 20 of thermal insulation? 20 comes to mind at this time. 21 MR ERWIN: Vaaue. 21 Q. Okay. And that was an insulation 22 MR HEWITT: Object to the 22 contractor? 23 overbroad, vague form of the question. 23 A. Yes. 24 a. Some. 24 Q. All right. And Brown & Root would -- 25 Q. (BY MR. WATERS) All right. And did it 25 would subcontract out that insulation work so it's own Page 63 Page 66 1 concern you in the early Seventies -- well, let me -- 1 employees were not doing it, but Triple B's employees 2 let me start over. 2 were doing the work? 3 In the -- in the early Seventies, were you 3 a. Yes. 4 told that one of the hazards of asbestos was that it 4 Q. And when Brown & Root would do that, would 5 could cause cancer? 5 it advise the subcontractor of the appropriate 6 a. Yes. 6 materials to be used? 7 Q. Did it concern you that you had been 7 MR. HEWITT: Object to the 8 working around materials that could cause cancer and 8 speculative form of the question. It also 9 you had not known about that for some period of time? 9 assumes facts not in evidence. 10 a. Not particularly. 10 MR. GONZALEZ: I join in that 11 Q. Okay. And, again, 1 guessyou would 11 objection. 12 characterize your asbestos -- excuse me. Your 12 Q. (by MR. waters) You can answer. 13 exposure to thermal insulation prior to the early 13 A. The -- the engineering drawings specified 14 1970s would have been fairly limited? 14 what was to be used! 15 A. Yes. 15 Q. Okay. And the engineering drawings were 16 Q. All right.But certainly you would agree 16 generated by Brown & Root as part of the process? n with me that there were other Brown & Root employees 17 A. Not " 18 who would have had a much more significant exposure to 18 MR. HEWITT: Object to the 19 thermal insulation dust than you had since you were a 19 speculative form of the question. It's 20 supervisory personnel? 20 also vague and overbroad with respect to 21 MR HEWITT: Object to the 21 work at the Armco Steel plant. It's not 22 overbroad, vague form of the question. 22 limited in scope as to any particular new 23 It's also speculative. 23 construction job. 24 A. Yes. 24 Q. (by MR. waters) You can answer. 25 Q. (BY MR. waters) For example, the 25 a. Not on all of the projects. Page 64 Page 67 1 laborers, the people that would have been involved 1 Q. There were some projects where the 2 with the tear out or removal of thermal insulation 2 engineering plans where drawn up by somebody else? 3 materials, that was the category of workers that would 3 A. The -- the majority of them were. 4 have had significantly more exposure than you 4 Q. The majority of them were not drawn up 5 personally would have? 5 by -- 6 a. Yes. 6 A. Were drawn up by somebody else. 7 Q. In terms of utilizing new insulation 7 Q. All right. Have you ever had any 8 material, putting it on pipes, would that have been 8 conversations with anybody from Brown & Root about 9 the -- the folks you described as the pipe people 9 when the company first knew that as asbestos was 10 earlier within Brown & Root? 10 hazardous? 11 A. Well, we didn't do -- we didn't install. 11 MR HEWITT: Object to the 12 Most of that was done by subcontractors. 12 speculative form of the question. 13 Q. All right. What did the pipe people do? 13 A. Oh, I'm sure I did when -- when it fust 14 a. They - they did the welding, the fitting. 14 came out. 15 Q. Pipefitting work? 15 Q. (BY MR. WATERS) Fair enough. And when -- 16 a. Everything related to putting in the 16 when you Fust heard about OSHA in the early 1970s, 17 piping. n did you have some discussions with other Brown & Root 18 Q. Okay. Is that what I -- is that the same 18 employees about, for example, how long it had been 19 thing as what a pipefitter does? 19 known that asbestos was a hazard? 20 A. Yes. 20 a. Not that I -- 21 Q. But you-all just didn't call them 21 MR HEWITT: Objection. 22 "pipefitters'? 22 A. -- can recall. 23 A. Yes, we did call them "pipefitters." 23 MR HEWITT: I object to the form 24 Q. All right. I misunderstood you earlier. 24 of that last question. It assumes facts 25 I apologize. I've been using "pipe people," and I'd 25 not in evidence; and it is overbroad, DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 62 - Page 67 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997_______________ .RAYMOND MILLER Page 68 Page 71 1 vaeue, and speculative. 1 A. Uh-huh. 2 Q. (BY mr. WATERS) Do you know a Mr. Heit, 2 Q. Was it also Brown & Root's corporate 3 H-e-i-t? 3 policy as part of their own safety program to follow 4 A. No. 4 whatever Federal or State or other regulations 5 Q. All right. Are you aware, sir, that 5 pertained to Brown & Root operations? 6 Mr. Heit has testified,, that he, like you, found out 6 A. Yes. " about asbestos being hazardous in the early Seventies, 7 MR. HEWITT: Object to the last 8 but he was told by some Brown & Root employees that 8 question on the grounds it's overbroad and 9 that had been known by Brown & Root for some time 9 vague. to before the 1970s? 10 Q. (by MR. waters) And you would expect that 11 mr. HEWITT: I object to the form 11 if there were regulations that -- that applied to 12 of that question. Assumes facts not in 12 Brown & -- Brown & Root work sites, that is to say, 13 evidence, and it's a mischaracterization 13 Federal or State regulations, that Brown & Root would 14 of any statements by Mr. Heit. It's 14 have followed those, correct? 15 misleading. 16 Q. (by MR. waters) Were you aware of that 15 MR. HEWITT: Same objections. 16 a. Yes. 17 fact, sir? 17 Q. (by MR. WATERS) Did you ever observe the is a. No. 19 Q. All right.In your discussions with is process of an insulator or one of these 19 subcontractor's employees actuaUy putting thermal 20 Brown & Root employees, sir, did you become aware or 20 insulation on pipe? 21 did you learn that there had been information about 21 a. Yes. 22 asbestos before OSHA came out in the early Seventies? 22 Q. Okay. And did you observe that, let's 23- MR. HEWITT: Objection; overbroad 23 say for example, in the -- the early time frame, '61 24 and vague. 24 to the late Sixties? 25 A. No. 25 A. Not that I can recall. Page 69 Page 72 t Q. (BY MR. WATERS) Okay. Did Brown & Root 1 Q. Are you unable to recall specificaUy 2 have a safety manual in the time frame of '61 to '83? 2 whether -- when it was you observed that process, or 3 A. Yes. 3 do -- 4 Q. And did that change over time? 4 a. Yes. 5 a. Yes. 5 Q. AU right. When you did observe that 6 Q. Do you recallthat thesafety manual did 6 process, did you see that the -- that the employee, 7 not make any reference to asbestos in the entire time 7 that it was necessary for him from time to time to cut 8 frame of 19ol to 1983? 8 or saw the insulation material? 9 MR. HEWITT: Object to overbroad, 9 A. Yes. 10 vague form of that question. Assumes 10 Q. And did you, in fact, observe the cutting 11 facts not in evidence. 11 and sawing process? 12 a. I don't --1 don't recall. 12 A. Yes. 13 Q. (BY MR-WATERS) All right. Did you have 13 O. Did you observe that thatprocess created 14 an understanding sis of the early 1970s that it was 14 visible dust? 15 Brown & Root corporate policy to cpmply with and 15 MR. HEWITT: Again, object to the 16 follow the OSHA regulations concerning asbestos? 16 overbroad and vague form of the question. 17 MR. HEWITT: Objection; 17 It's not reasonably restricted to a is speculation. 18 relevant time period or circumstance at 19 A. Repeat that question, will you? 19 the Armco Houston Steel plant. 20 MR. waters: I'm going to have her 20 a. Yes. 21 read that one back. 21 Q. (BY MR. WATERS) All right.And did you 22 MR. HEWITT: I object to the form 22 observe whether the employees involved with that 23 of that question on the grounds it's 23 procedure were wearing any type of respiratory 24 speculative and overbroad. 24 protection? 25 (The requested portion of the 25 A. Yes. Page 70 Page 73 1 record was read by the 1 Q. And were they, in fact, wearing 2 reporter.) 2 respiratory protection? 3 a. Yes, it was Brown & Root's corporate _ 3 A. Yes. 4 policy to comply with all regulations.' 4 Q. What type of protection do you recall them 5 Q. (by MR. waters) All right. And.that was 5 wearing? 6 always Brown & Root's policy, wasn't it? 6 A. The little face mask. 7 a. Yes. 7 Q. Like a cloth or paper mask? 8 Q. And -- and going all the way back to ~ 8 a. Uh-huh. 9 when did you start? Back in'58? I apologize. 9 Q. Something of that nature? 10 '50 -- you started in '56, right? 10 A. Yes. 11 a. Uh-huh. 11 Q. All right. Did you observe if they were 12 Q. Okay. 12 using a hack saw or some type of power saw or 13 a. Yes. 14 Q. All right. Going all the way back to 13 something like that, what they were using? 14- A. Most of it was handsaw. 15 1956, will you agree with me that it was Brown & Root 15 Q. Most of it was handsaw? Did they also 16 corporate policy to -- to follow and apply all 16 have a -- God, what it's called? The -- a type of saw 17 applicable regulations, safety regulations? 17 that was built -- that was a larger piece of equipment is mr. HEWITT: Objection; overbroad, 18 where you would slide the material towards it? 19 vague. 19 A. Yes. 20 a. We would -- we would comply with all of -- 20 Q. What is the name of that type of saw? 21 of Brown & Root's safety regulations. 21 What would you call that, a band saw? Have you heard 22 Q. (by MR. WATERS) XU right. But my 22 of that terminology? 23 specific question has to do with other regulations, 23 A. Yes, I've heard--1 don't--1 don't 24 Federal regulations. We talked about OSHA, for 24 recall what they would -- what they would call it in 25 example. 25 the industry. DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 68 - Page 73 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997______________________ ____________________________ RAYMOND MILLER Page 74 Paae 77 1 Q. Fair enough. Did you observe that using 1 construction contracts that pertain to new 2 that type of saw, whether you call it a band saw or 2 construction or building new facilities? 3 something else, would create a significant -- 3 a. Quite possibly. 4 significantly greater amount of dust because it was a 4 Q. All right. Do you have any way to say 5 power piece of equipment? 5 whether or not what you see here is complete; that is 6 MR. HEWITT: Object to the 6 to say, if all of the miscellaneous construction 7 speculative, overbroad form of the 7 contracts are found in these materials? S question. s a. No, sir. - 9 a. Yes. And this is just because of the 9 Q. Okay. Am I correct that there was a -- 10 volume. 10 was there an overall or overriding miscellaneous 11 Q. (BY MR. WATERS) The amount being cut? 11 construction contract that generally would govern that 12 a. Of the speed of the--of the device. 12 type of work? 13 Q. Okay. And that dust that was created from 13 A. That would govern what type work? 14 that process would typically be distributed into the 14 Q. The -- what we call the miscellaneous 15 air? 15 construction work or maintenance, as opposed to new 16 a. In the early part of it, it would have. 16 construction? 17 Q. All right. And when--when you say "in n a. Yes. is the early part," were - again, we're talking '61 to is Q. Okay. And was there one such general 19 the late Sixties? 19 contract that controlled that work over the time frame 20 a. Until the early Seventies. 20 from, oh, the early Sixties through '83? 21 Q. All right. Fair enough. And after the 21 a. Not -- not total time. 22 early Seventies, where would the dust have gone from 22 Q. Okay. Did that -- 23 this process you've described of using a handsaw or 23 a. Back in the early Sixties -- 24 handsaw? 24 Q. Yeah. 25 a. Some of the saws were -- were so 25 a. - there was -- there was a miscellaneous Page 75 Page 78 1 constructed to pick up that dust and -- 1 construction contract. 2 Q. All right. In other words, they had some 2 Q. Yes, sir. 3 sort of a -- a ventilation device that would suck away 3 a. And we would do work, in-plant work, under 4 some of the dust that was created? 4 that one. Then there was -- at the same time there 5 a. Yes. 5 was a contract for the combination mill. 6 Q. All right. And you first began to observe 6 Q. Okay. And this is also considered to be a 7 that process in the 1970s? 7 miscellaneous construction contract for that mill? 8 a. Yes. s a. I don't--1 don't recall how it was 9 Q. When you first observed that process, was 9 listed, but it was a separate contract for that. 10 that after you had found out or you had heard for the 10 Q. All right. Did you -- in these -- these 11first time that asbestos was hazardous? 11 materials that you looked at, did you find the -- the 12 a. I really can'trecall. 12 general miscellaneous construction contract from the 13 MR. WATERS: I'm going to suggest 13 early 1960s? 14 we take a little bit of a break. I don't 14 a. I don't recall seeing it. 15 think I've got - we got a late start. I 15 Q. All right. But that's something you just 16 probably don't have another half hour or 16 generally recall from your time there? 17 45 minutes for this witness. But 1 think 17 a. Yes. 18 we're clearly going to be--obviously, is Q. And that would have been -- that general 19 we're already off schedule. 19 construction contract would have been something that 20 I don't know what your pleasure is. 20 governed the general work that was done at the 21 Is the other witness now arriving at 21 facility that was not new construction? 22 11:30? 22 A.- Yes. 23 MR. HEWITT: I don't know if he's 23 Q. Okay.And was that general construction 24 here yet or not, but we can check on 24 contract for that -- that type of work, was that in -- 25 that. 25 to the best of your recollection, in force throughout Page 76 Page 79 1 MR. WATERS: Well -- 1 the period of time until you left for three years? 2 MR. HEWITT: Let's go off the 2 A. Ask that question again, please. 3 record. 3 Q. Sorry. Yeah. 4 THE VIDEOGRAPHER: It is -11:27 a.m. 4 MR. WATERS: Actually, can you read 5 We're off record. 5 that one back? 6 (A recess was taken.) 6 (The requested portion of the 7 THE VIDEOGRAPHER: It is 11 -55 a.m. 7 record was read by the 8 We're back on record. 8 reporter.) 9 Q. (by MR. WATERS) Mr. Miller, have you had 9 A. Yes. 10 an opportunity to review some of the Brown & Root 10 o. (BY MR. WATERS) All right. When you came 11 contract materials that were provided here today? 1 i back after the three years were over, was that same 12 a. Yes. 12 general construction contract still in place for 13 Q. Okay. And can you just describe what -- 13 general -- 14 what you've seen here, what -- just in terms of what 14 a. Yes. . 15 types of contract documents these appear to be to 15 Q. All right And did it continue to be in 16 you? 16 place for -- until 1983? 17 a. They appear to be just -- they are the 17 a. I don't know the exact date. 18 contract documents that we used to do work at Armco 18 Q. Okay. 19 Steel. 19 a. But it was --there was a general 20 o. All right, sir. Do they appear to be -- 20 construction agreement at that plant up until 1983. 21 well, are they both -- do they include miscellaneous 21 Q. All right And understanding that -- that 22 construction contracts? Do they include miscellaneous 22 the terms may have changed to some extent, would you 23 construction contracts? 23 comply with that? You just don't know if it was 24 a. Yes, they do. 24 exactly die same or if the terms changed over the 25 Q. All right. And do they include other 25 course of time from '61 to '83? DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 74 - Page 75 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997__________________________________________________ RAYMOND MILLER Page 80 Page 83 1 a. Yes. 1 workplace unsafe for Armco employees? 2 Q. Fair enough. And that's the contract that 2 MR. HEWITT: Objection to 3 would have governed repair-type work or 3 overbroad, vague form of that question. 4 maintenance-type work as opposed to new construction, 4 A. Brown & Root was responsible for 5 new projects? 5 Brown & Root employees' safety. 6 a. Yes. 6 Q. (BY MR. WATERS) Okay. So, Brown & Root 7 Q. Now, when -- in looking though these 7 did not have any responsibility for safety of Armco s materials, you did not find that particular agreement, 8 employees? 9 did you? 9 MR. HEWITT: Same objections. 10 A. No. 10 A. No. 11 Q. All right. But you did find some other 11 Q. (BY MR. WATERS) Okay. And that was - 12 materials that pertained to miscellaneous construction 12 that was something that was a matter of policy; that 13 work or maintenance work, correct? 13 is to say you at Brown & Root understood that your 14 a. Yes. 14 responsibility was to provide a safe workplace, safe 15 MR HEWITT: Object to the 15 working conditions for your employees, that is to say, 16 overbroad, vague form of that last 16 Brown & Root employees, correct? 17 question. 17 A. That's correct. 18 Q. (BY MR. WATERS) And would that have been 18 Q. Okay. But with respect to Armco 19 materials and -- and documents that discussed specific 19 employees, the same responsibility, the same policy 20 miscellaneous construction or maintenance projects 20 didn't appfy? 21 that were done throughout those years? 21 MR. HEWITT: I object to overbroad, 22 MR. HEWITT: Object to the 22 vague form of the question. It's not 23 misleading form of trie question. It 23 clear if you're talking about operations 24 incorporates both construction and 24 that Brown & Root's involved in or somehow 25 maintenance. It is therefore ambiguous. 25 you're implying that Brown & Root had an Page 81 Page 84 1 a. Yes, they would describe an item for it. 1 overall responsibility for the premise 2 Q. (BY MR. WATERS) Okay. So, just so I'm -- 2 owner employee safety. 3 I'm trying to understand this. You had a general 3 Q. (BY MR. WATERS) You can answer. Or do 4 agreement in place, and then you've got specific 4 you need that one read back? 5 paperwork that addresses some of the specific projects 5 A. I need that one read back. 6 over that course of time? 6 Q. Fair enough. 7 a. Yes. 7 (The requested portion of the 8 Q. All right. Do you have any way of telling s record was read by the 9 if what's been provided here is all of the 9 reporter.) 10 documentation that would pertain to miscellaneous 10 MR. HEWITT: Same objections. n construction work from 1961 to 1983? 11 Q. (BY MR. WATERS) You can answer. 12 A. No. 12 A. Yes. The same applied to Armco employees 13 Q. And, in fact, you'll agree with me that if 13 if they were in our work area. 14 the general agreement itself is not here, that that 14 Q. Okay. All right. Now, so, as a matter of 15 means that these documents are probably incomplete? 15 Brown & Root policy, the requirement that you keep a 16 A. I did not -- I'm not going to say that the 16 safe workplace for your employees would be extended to 17 general agreement is not there because I don't know. 17 cover Armco employees working in the vicinity? 18 I didn't eo through every piece of paper. 18 A. Yes. Even though we were not responsible 19 Q. Maybeyou couldhelp us to -- 19 for Armco's employeesY safety. 20 MR. HEWITT: I'm going to object 20 Q. Okay. But you at Brown & Root understood 21 to -- first of all, object to the form of 21 that to the extent your operations might impact the 22 the question on the grounds that no 22 Armco employees in the vicinity, that it was part of 23 predicate has been laid for him to express 23 your policy to make sure that their workplace was safe 24 that opinion. And let's -- let's go off 24 as well? 25 the record for a short time. 25 A. No. . Page 82 Paae 85 1 MR. WATERS: Okay. 1 MR. HEWITT: Object to the 2 THE VIDEOGRAPHER: It is 12:03 p.m. 2 overbroad, vague form of that question. 3 We're off record. 3 A. No, sir. 4 (There was a discussion off the 4 Q. (BY MR. WATERS) Okay. Allright. Your 5 record.) 5 answer was "no"? 6 THE VIDEOGRAPHER: It'S 12:05 p.m. 6 A. No. 7 We're back on record. 7 Q. Okay. All right Now, I've got myself 8 Q. (by MR. WATERS) Do you have an 8 confused. 9 understanding as to the division of responsibilities 9 What was Brown & Root's policy with i 10 between Brown & Root and Armco having to do with 10 respect to possible hazardous conditions that Armco 11 safety matters at the mill or at the plant -- at the 11 workers might be working around or near -- 12 Armco facility generally? 12 MR HEWITT: Object to - 13 A. Clarify that. What do you mean by that? 13 Q. (BY MR WATERS) -- ifthere -- if any 14 Q. Yeah. Was it required, for example, that 14 policy? 15 Brown & Root follow Armco safety policies? 15 MR HEWITT: Excuse me. I object 16 a. Yes. 16 to the overbroad, vague form of the 17 Q. And did Brown & Root also have it's own 17 question. It's not restricted as to time is safety policies and procedures? 18 period or location or circumstances 19 a. Yes. 19 relative to this lawsuit. 20 Q. And were the Brown & Root supervisors 20 a. Brown & Root's policy would be to -- to 21 required to be familiar with Armco policy so that they 21 provide a safe working area for Brown & Root's 22 could ensure that their workers followed that? 22 employees. We didn't have any control over any Armco 23 A. Yes. 23 employees. 24 Q. Did Brown & Root have responsibility to 24 Q. (BY MR. WATERS) Okay. So, Brown & Root 25 ensure that they didn't do anything to make the 25 was not in a position to order Armco employees to do DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 80 - Page 85 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997__________ ______ RAYMOND MILLER Page 86 Page 89 ; 1 anything? 1 the -- in the context of asbestos operations. ~i 2 A. No. sir. 2 If there were -- if there was Brown &Root ! 3 Q. All right. And Brown & Root was, however, 3 work going on that was creating asbestos dust or 4 in a position to try to control the area in which they 4 putting asbestos dust in the air, would that be the j 5 worked, correct? 5 kind of condition that you described earlier where 6 a. Yes. 6 Brown & Root would -- would tell or should tell Armco 7 Q. All right. And to the extent the work 7 folks about that potential exposure? s that they diet that Brown & Root did, to the extent 8 MR. HEWITT: I object to the form 9 that that might have had an effect or an impact on 9 of the question on the mounds its 10 Armco employees in the vicinity, what was Brown & 10 ambiguous and misleading. It assumes 11 Root's position concerning that? 11 facts not in evidence and is an incomplete i 12 MR. HEWITT: Object to overbroad, 12 hypothetical with respect to circumstances 13 vague form of the question. 13 surrounding the issues of this lawsuit. 14 a. I don't really know that I can answer 14 the witness: Rephrase his question 15 that -- 15 forme. 16 Q. (BY MR. WATERS) Okay. 16 MR. WATERS: Read it back? 17 A. -- because -- 17 THE WITNESS: Yeah. ; is Q. Is that because you don't recall a i s (The requested portion of the 19 specific policy that addressed that situation? 19 record was read by the 20 a. From a -- I just really don't recall. 20 reporter.) 21 I'll go back to -- to my original statement -- 21 A. First of all, I don't think we would be 22 Q. Yes, sir. 22 removing it. If it's -- you -- you talking about from 23 a. -- that Brown & Root was responsible for 23 an Armco point of view? If it's -- if itrs work that 24 Brown & Root's employees. 24 we control -- 25 Q. Okay. 25 Q. Uh-huh, yes, sir. Page 87 Page 90 1 A. We had no control over anything that Armco 1 A. - we -- we might not be doing any 2 employees - 2 insulation work on the pipe at all. 3 Q. Okay. 3 MR. WATERS: Okay. Let me object 4 a. -- were involved in, whether it be safety, 4 as nonresponsive. 5 their work area, their work, or otherwise. 5 Q. (by MR. waters) My question to you is: 6 Q. If Brown & Root employees created an 6 If that work was going on and Brown & Root was doing 7 unsafe condition that could potentially impact or be a 7 some type of insulation work that was creating dust s hazard to Armco employees, what would Brown & Root's 8 and there were Armco workers, Armco employees in the 9 responsibility, corporate policy be in that situation? 9 vicinity, would it be part of Brown & Root's policy to 10 ` MR- HEWITT: I object to the 10 advise those workers that there was a potential 11 speculative, overbroad, vague form of that 11 hazard? 12 question. It assumes facts not in 12 MR. HEWITT: I object to the form 13 evidence. It's not limited to 13 of the question on the grounds it's 14 circumstances in this lawsuit. 14 overbroad and vague. It's not reasonably 15 A. If - to let the -- let the other party 15 restricted to a relevant time period or 16 know if there was a possible exposure. 16 any circumstance relative to this lawsuit. 17 Q. (BY MR. WATERS) All right. 17 And, therefore, it's a misleading, 18 A. Hazard. 18 ambiguous hypothetical. 19 Q. Fair enough. So, in the event that 19 Q. (by MR. WATERS) And let's just say the 20 Brown & Root operations created a hazard -- I'm not 20 1970s to make that a little more clear, because of the 21 saying they did. But if they did, then you will agree 21 objection. 22 with me that Brown & Root's official policy would be 22 A This is - your question is just in regard 23 to advise the Armco employees or supervisors of that 23 to asbestos? 24 potential hazard? 24 Q. Yes, sir. We've already talked in general 25 MR. HEWITT: Same objections. 25 about what you -- you indicated was the corporate Page 88 Page 91 1 A. Yes. And I'm -- I'm looking this -- 1 policy for hazards created in the Brown & Root worlf 2 looking at this in -- in respect to say we're working 2 area. And now I've asked you specifically about 3 in an area; and we have, say, a gas leak. 3 asbestos. 4 Q. (BY MR. WATERS) Great. 4 A I'll go back to my same answer before. 5 A. It's our responsibility to clear that area 5 I - I can't recall because we had no control over the 6 until it's made safe because we have people working in 6 Armco employees. 7 there. And we would clear our people and notify 7 Q. You cannot recall whether or not 8 Armco, and they would have to do that same thing with 8 Brown & Root had a policy to advise Armco employees if 9 their people. 9 there was an asbestos dust hazard? Is that -- is mat 10 Q. All right. And, obviously, one of the 10 your response? 11 reasons you have that policy is because the Armco 11 A We might not know it was asbestos. 12 people aren't necessarily going to know about the 12 Q. Okay. 13 unsafe condition since it's an area of your control 13 MR. WATERS: I object as 14 unless you-all tell them, right? 14 nonresponsive. 15 a. Not necessarily. 15 Q. (BY MR. WATERS) Again, my question has to 16 Q. Okay. You think Armco would know if 16 do with the 1970s. And you have told me that as of n you-all would have an unsafe condition at the 17 the early 1970s, you and Brown & Root were aware that is Brown & Root -- where the Brown & Root work is going 18 asbestos could cause cancer, you knew that thermal 19 on? 19 insulation contained asbestos; correct? 20 a. Yes. 20 MR. HEWITT: Object to the 21 Q. How would they know that? 21 overbroad form of the question. It's a 22 A. Just from their exposure, you know, 22 mischaracterization of nis testimony and, 23 knowing things about that plant that maybe we didn't 23 therefore, misleading. 24 know. 24 Q. (BY MR. WATERS) Let me take this one step 25 Q. All right. Let's talk about that in 25 at a time. Is that correct, what I just stated? DIANA HENJTJM REPORTING SERVICES, P.C. 1-800-780-2555 Page 86 - Page 91 Gonzales Group Multi-Page Oral Deposition of: Taken on September 23, 1997 _______ _______ ___________________RAYMOND MILLER 1 A. What is thermal - what do you classify as 2 ''thermal insulation"? Page 92 r. ,,_ Paae 95 1 Brown & Root employees would be issued some type -- 2 some type of respiratory protection for the -- working 3 Q. Pipe covering, well, like we've been 3 in the vicinity of the dust? 4 talking about. 4 a. Yes, face masks. 5 Do you recall testifying earlier that you 5 Q. All right. Any other safety measures that 6 became aware that thermal insulation, such as pipe 6 you can recall that had to do with the hazards of " covering, A, contained asbestos in the early 1970s, B, 7 asbestos in protecting Brown & Root workers in the s that asbestos was hazardous and cause -- could cause s Seventies? 9 cancer? 9 MR. HEWITT: Object to the to a. Yes. 10 overbroad, vague form of the question, 11 Q. All right. n It's not clear as to any specific 12 MR. HEWITT: Same objections to 12 circumstance relating to specific work 13 that last portion. 13 that was being performed by Brown & Root u Q. (BY MR. WATERS) Now, my questions to you 14 out at the plant, the Armco Houston Steel 15 about this other issue have to do with the early 15 plant. 16 1970s. 16 Q. (BY MR. WATERS) Any besides those two 17 a. Okav. 17 that you've already told me about. is Q. -- after--after you knew and recognized 18 A. Not that I can recall. 19 that thermal insulation and pipe covering contained 19 Q. All right. And you are aware and you 20 asbestos and after you recognized that asbestos could 20 became aware in the early 1970s that osha had specific 21 cause cancer. All right? Are you with me so far? 21 requirements for how asbestos dust was to be dealt 22 A. Yeah. 22 with? 23 Q. Okay. 23 a. Yes. 24 a. Yes, sir. 24 Q. All right. Did you have any meetings or 25 Q. Now, in that time frame, the 1970s, if any 25 discussions or conversations with anybody who was an Page 93 Paae 96 1 Brown & Root operations produced or created asbestos 1 Armco employee about the hazards of asbestos? 2 dust, would Brown & Root have a policy or any kind of 2 a. Not that I can recall. 3 requirement about informing Armco workers who might be 3 Q. Okay. Can you tell me what interaction 4 working in the vicinity of a possible hazard? 4 there would have been, if any, between the Armco 5 mr. hewitt: Object to the 5 safety organization or safety structure and the 6 misleading form of the question. It 6 Brown & Root safety organization or safety structure? 7 contains an ambiguous hypothetical and is 7 Again, in the 1970s. S misleading, ambiguous, and overbroad. 8 A. They were in conversation all along to be 9 Q. (by MR. waters) You can answer. 9 sure that -- that both companies' safety requirements 10 A. It'would be marked. We -- it would be 10 were adhered to. 11 roped off. The area would be roped off. 11 Q. Okay. If Brown & Root employees were 12 Q. All right. 12 involved with a project that created some degree of 13 mr. waters: Objection: 13 dust containing asbestos, is that something that would 14 nonresponsive. 14 have been communicated to the Armco safety folks? 15 Q. (by mr. waters) My question to you, sir, 15 MR. HEWITT: I object to the form 16 is -- is what the policy would have been about telling 16 of the question. Assumes facts not in 17 Armco employees or supervisors. If there wasn't a 17 evidence. It's overbroad and vasue. IS policy, that's wbat I need to know. If you don't is Q. (by MR. WATERS) And if you don't know, 19 recall that there was a policy, then that's a fine 19 then that's a perfectly fine answer. 20 answer, as well. But that is my specific question. 20 A. I really don't know and -- 21 mr. hewitt: Objection; 21 Q. Okay. Who would be the person with 22 repetitious. He's testified the area 22 Brown & Root who would have had the most knowledge 23 would be roped off. 23 about miscellaneous construction contracts and work 24 A. I'll go back to what my original statement 24 involving piping or pipe insulation at the facility in 25 was, that we are not - "we" being Brown & Root, were 25 the 1970s and early 1980s? Would that have been Page 94 Page 97 1 not responsible for Armco's safety program, that they 1 Mr. - 2 were responsible for enforcing their program. 2 A Willy Embree. 3 Q. (by MR. waters) Tell me if you can what 3 Q. Willy Embree?Okay. That's something 4 safety measures you recall being taken with respect to 4 that, I take it, you don'thave a lot of personal 5 asbestos in the 1970s at Armco. 5 knowledge about, the specific jobs that were worked on 6 a. 1 don't know that we really installed any 6 throughout that tune frame? 7 asbestos in the Seventies because most of that was 7 a That's true. 8 done by subcontractors. 8 Q. By the Seventies, is your involvement -- 9 MR. WATERS: Objection; 9 let's see -- Seventies -- you're a superintendent 10 nonresponsive. 10 until late Seventies, right? 11 Q. (by mr. waters) Tell me what, if any, it a. Yes. 12 measures you recall, safety measures pertaining to 12 Q. Okay. And, again, most of your work would 13 asbestos being used in the 1970s. 13 have involved dirt and concrete ana dealing with the 14 MR. HEWTTT: Object to the 14 subcontractors? 15 overbroad form of the question. 15 a. Yes. 16 MR. ERWIN: And to the extent it's 16 Q. Did you have any involvement, for example, 17 been asked and answered. He's already 17 with Triple B, the insulation contractor, in that time is testified about the use of masks. 18 frame, you personally? 19 a. Any of those areas like that, that -- if 19 A. NO. 20 there was oust, we would rope it off. 20 Q. That would have been Mr. Embree again or 21 Q. (by mr. waters) Okay. So, we have a 21 Mr. Berger? 22 procedure for roping off the area where the dust is 22 a. Yes. 23 created? 23 Q. Which -- which of the two? I apologize. 24 A. Yes. 24 a It could be both. 25 Q. All right. And you've indicated that the 25 Q. All right. So, if there was insulation DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 92 - Page 97 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997___________ _______ ~RAYMOND MILLER Page 98 Page 101 1 work going on at any given time, you wouldn't 1 would Mr. Johnson or someone else in the safety 2 necessarily be involved with it or have specific 2 department be in a better position to tell us about 3 knowledge about it? 3 protective measures used against the hazards of 4 MR. HEWITT: Object to the 4 asbestos in the Seventies and early Eighties than you 5 overbroad, speculative form of the 5 are? 6 question. 6 MR. HEWITT: Objection; speculative 7 a. 1 might know about it, but I wouldn't be 7 and overbroad. S involved in it. s a. I can't answer that question. 9 Q. (by mr. waters) Okay. And as you sit 9 Q. (BY MR. WATERS) You don't know what level 10 here today, you're not able to recall specific details 10 of involvement Mr. Johnson or the folks in the safety 11 about projects that may have taken place, those types 11 department had with respect to the hazards of 12 of projects in the Seventies and early Eighties? 12 asbestos? 13 A. No. 13 MR. HEWITT: Same objections. 14 Q. All right. Did any of the contracts, to 14 a. All I know, is that we complied with 15 the best of your knowledge, speak to the issue of 15 Brown & Root's requirement. 16 responsibility for safety at the Armco facility, 16 Q. Okay. 17 responsibility between Brown & Root and between Armco, 17 MR. WATERS: Object; calls for 1S between the two of them? 18 speculation and nonresponsive. 19 A. Not that 1 can recall specifically. 19 Q. (BY MR. waters) You're not in a position 20 Q. Okay. Have you ever observed at any time 20 to tell us what the safety department knew or what the 21 in the workplace, observed someone taking dust 21 safety department did concerning asbestos at the Armco 22 measurements to determine the amount or level of dust 22 facility; is that a fair statement? 23 in the air? Do you recall ever seeing that? 23 MR. HEWITT: Objection; 24 A. Not that I can recall. 24 repetitious. 25 Q. Who was the senior safety supervisor or 25 A. Rephrase or ask that question again. Paae 99 Page 102 1 superintendent at Armco for Brown & Root in the 1970s? 1 MR. WATERS: Can you read that one 2 A. There were several. 2 back? 3 Q. Can you give me some of their names? 3 (The requested portion of the 4 a. One of them was Pete Johnson. 4 record was read by the 5 Q. All right. 5 reporter.) 6 a. I can't recall any of the others. 6 A. No. That's -- that's not a fair 7 Q. Okay. When aid you retire from 7 statement. 8 Brown & Root? 8 Q. (BY MR. WATERS) Okay. Why not? 9 a. 1986. 9 A. Because I did know. 10 Q. Okay. 10 Q. You knew what the safety department was n a. Excuse me - yeah, 1986. 11 doing about asbestos? 12 Q. '86? Do you receive a full pension from 12 A. I did -- I -- I knew what the safety 13 Brown & Root? 13 department was doing. Okay? 14 a. Yes, but Armco --1 mean. Brown & Root 14 Q. All right. And those are the things you 15 doesn't have a pension. It has a requirement system. 15 tola us about already, for example, putting up some 16 Q. All right. Do you receive retirement 16 kind of rope or something? 17 benefits of some sort from Brown & Root? 17 a. Yes. 18 A. At this time, no. 18 Q. And giving some kind of dust mask to the 19 Q. You do not? 19 Brown & Root employees, correct? 20 A. No. 20 A. Yes. 21 Q. Okay. Have you in the past received 21 Q. Okay.Other than those two, you don't-- 22 retirement benefits from Brown & Root? 22 you do not recall any other measures taken by the 23 a. Yes. 23 safety department with respect to asbestos? 24 Q. Did you do some kind of a lump sum 24 MR- HEWITT: Object to the 25 arrangement? 25 overbroad, vague, speculative form of the Page 100 Page 103 1 A Yes. 1 question. It's not reasonably restricted 2 Q. And when was that, approximately? 2 to a relevant time period or any specific 3 A. In '86. 3 circumstance relative to this lawsuit. 4 Q. Did you, in effect, take early retirement? 4 It's very overbroad. 5 A. Yes, I did. 5 Q. (BYMR. WATERS) And, again, we're 6 Q. Okay. And was that something that, from a 6 speaking of the 1970s. 7 financial standpoint, made good sense to you? 7 a. Not that I can recall. 8 a. You mean retire? 8 Q. Okay. But you do feel that from your 9 Q. Well, early -- early retirement, I guess 9 personal experience, you are -- you have knowledge of 10 that's right. 10 and you are knowledgeable about the fact that 11 A. Early -- yeah. It was at my own request. 11 Brown & Root took some of these protective measures 12 Q. Okay. All right. Do you know if 12 with respect to asbestos? 13 Mr. Thompson is stall employed by Brown & Root? 13 A. With respect to any safety, yes; not 14 a. Mr. who? 14 necessarily just if it was asbestos. We did it on all 15 Q. Mr. Pete Thompson. 15 of them. 16 a. Pete Johnson? 16 Q. All right. n Q. Oh, I'm sorry. Was it Johnson? n mr. WATERS: Let me object as 18 a. Yes. is nonresponsive and ask her to read the 19 Q. I wrote it down wrong. Pete Johnson. Do 19 question back. ! 20 you know if he's still employed by Brown & Root? 20 (The requested portion of the 21 A. No, he's not, unless Ik's come back to 21 record was reao by the 22 work recently. 22 reporter.) 23 Q. Do you know where he resides? 23 Q. (BY MR. WATERS) Is that correct, sir? 24 a. The last I heard, here in Houston. 24 mr. HEWITT: Objection; 25 Q. All right. Would Mr. Johnson be -- well, 25 repetitious, asked ana answered. DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 98 - Page 103 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997_______________ RAYMOND MILLER Page 104 Page 107 1 A. Yes. 1 Q. (BY MR. WATERS) You don't recall 2 Q. (by MR. WATERS) Did you ever receive any 2 Mr. Johnson ever telling you the specific results of 3 personal training that was given to you for use of 3 air monitoring or dust sampling that they may have 4 respiratory protection or respiratory equipment? 4 done? 5 A. Yes. 5 MR. HEWITT: Objection; speculative 6 Q. And when would that have been, in the 6 and a mischaracterization of his 7 Seventies? 7 testimony. s A. Yes. 8 a. Not that 1 can recall. 9 Q. Who was it that gave you that -- that 9 Q. (BY MR. WATERS) Okay. Did you tell us 10 training? 10 earlier, sir, that generally in steel mill operations, n a. 1 don't recall the individual. It Would 11 you're going to have a fair amount of dust in the air? 12 have -- would have come from our corporate -- 12 a. Yes. 13 Q. Okay. In any event, thepurpose of that 13 Q. Okay. Did you ever attend any meetings at 14 training was so that you would be knowledgeable and 14 corporate headquarters that pertain to the hazards of 15 able to understand when and how to use respiratory 15 asbestos used at the Armco facility? 16 protection if there was something that needed to be 16 a. Not that I can recall. 17 done? 17 q. Were you ever given a copy of the OSHA is a. Yes. 18 regulations pertaining to asbestos? 19 Q. And thatwould have included, for example, 19 a. Yes. 20 if there was asbestos dust in the air, your -- your 20 Q. Okay. And would that have beenby 21 training would have led you to -- to use respiratory 21 Mr. Johnson or perhaps someone from the corporate 22 protection and would have taught you how to do it 22 headquarters? 23 right? 23 A. It would have been from our corporate 24 MR. hewitt: Objection; speculative 24 office. 25 and assumes facts not in evidence. 25 Q. Okay. Did you believe atthe time that Page 105 Page 108 1 A. Yes. 1 Brown & Root was following all of the requirements 2 THE VIDEOGRAPHER: It is 12:35 p.m. 2 stated in the Osha regulations? 3 We're off record. 3 a. Yes. 4 (A recess was taken.) 4 Q. If you had had anunderstanding that, for 5 THE VIDEOGRAPHER: It is 12:36 p.m. 5 some reason, Brown & Root was not following the OSHA 6 We're back on record. 6 regulations about asbestos, is that something that 7 Q. (BY MR. WATERS) All right, did you ever 7 would have concerned you as a senior -- as both a s have any discussion with any of the Brown & Root 8 superintendent and an assistant project manager? 9 safety folks about air monitoring or the results of 9 a. Yes, it would. 10 air monitoring to see the levels of dust in the air, 10 MR. HEWITT: Objection to that last 11 that you can recall? 11 question on the grounds it's speculative 12 a. Yes. 12 and misleading. 13 Q. Okay. Who would those conversations have 13 Q. (BY MR. WATERS) Can you answer the 14 been with, if you can recall? 14 question again, sir? 15 a. I recall "Pete and I talking about it, 15 a. Yes. Can I -- 16 Pete Johnson. 16 Q. Did you--I'm sony. Go ahead, sir. 17 Q. All right. And what, if anything, caD you 17 a. We--we seem to be - we seem to be 18 recall specifically about Mr. Johnson telling you is headed in a direction where I'm not really sure 19 about levels of dust? 19 that - that -- that I understand. 20 a. I don't recall specifics. 20 From all of your conversation that - that 21 o. Did Peter Johnson tell you that if you saw 21 we've had up until now, it seems to me like that you 22 visible dust, asbestos dust from an operation, that 22 are indicating that we did a lot of insulation work at 23 that could be a potential hazard? 23 that plant - 24 MR HEWITT: Objection; speculative 24 Q. Uh-huh. 25 and assumes facts not in evidence and is 25 a. - or that we had a lot of exposure to Page 106 Page 109 1 overbroad and vague. 1 insulation at that plant. We did not do - very, very 2 A. I -- I know that my conversation with 2 little insulation work at that plant. 3 Mr. Johnson, if there's any dust, it could be 3 Q. Are you finished, sir? 4 hazardous. 4 a. Yes. 5 Q. (by MR. waters) Okay. In other words, 5 Q. Okay. 6 not just asbestos dust: if you see any dust in the 6 MR. WATERS: Let me object as - as 7 air, there's a potential hazard there? 7 nonresponsive. s a. Yes. 8 Q. (BY MR. WATERS) And we'll come back to 9 Q. Okay. And did you understand from 9 that. 10 Mr. Johnson that if there was any dust in the air, 10 Whatever insulation work Brown & Root may 11 that it would be a good idea to do some dust level 11 have done at the plant, you will agree with me that in 12 studies to determine what it contained and how much of 12 the 1970s, the OSHA regulations applied to that work? 13 it there was? 13 a. Yes. 14 MR. HEWITT: Objection; 14 Q. Did you know a gentleman named 15 repetitious. He's already stated he 15 Carl Richardson? 16 didn't recall. It's overbroad, vague, and 16 a. Yes. The name - the name sounds 17 ambiguous. Assumes facts not m evidence, 17 familiar. I believe he was with our corporate safety is a. I don't recall, 18 department. 19 q. (by MR. waters) Okay. But you and 19 Q. Did you ever meet Mr. Richardson? 20 Mr. Johnson were both aware that if there was dust in 20 a. I probably did. 21 the air that was visible to the naked eye, that that 21 Q. Okay. Are you able to tell us, sitting 22 could certainly be a hazardous situation? 22 here today, the number of days, for example, in 1976 23 MR. HEWITT: Objection; speculative 23 that Brown & Root did work that involved asbestos 24 and overbroad. 24 insulation? 25 A. Yes. 25 A. No. DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 104 - Page 10 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997______________ RAYMOND MILLER Page 110 1 Q. And you can't tell us that with respect to 2 the whole time frame from, let's say, 1961 to 1983, 3 can you? 4 MR. HEWITT: Object to the 5 overbroad, vague form of that question. 6 And it also assumes facts not in evidence. 7 a. I can't tell you--you specifically asked s about asbestos insulation. I can't tell you the total 9 days in all insulation, just that it was very little. Page 113 1 that in -- again, in the early 1970s as part of this 2 other knowledge that you gained? 3 A. Yes. 4 Q. Were you. yourself, ever examined as a 5 result of having had some previous asbestos exposure? 6 A. Not that!can recall. 7 Q. .Okay. Did you have any involvement in 8 arranging for those types of examinations? 9 A. No. 10 MR. WATERS: Okay. Object to the 10 Q. Do you know if, in fact Brown & Root 11 nonresponsive portion. 11 actually provided those examinations to all of its 12 Q. (by mr. waters) From 1961 to 1983, there 12 employees who had any asbestos exposure? Do you-- 13 could have been 100, 500, 1,000 days where 13 MR. HEWITT: Objection - go ahead. u Brown & Root employees worked with or around asbestos 14 Q. (by MR. waters) Do you know one way or 15 insulation. You have no way of knowing to quantify 15 the other? 16 that, do you? n MR. HEWITT: Objection, is mr. ERWIN: Objection; calls for 19 speculation. Object to Counsel 20 testifying. 21 mr. HEWITT: It's misleading, and I 22 object to the form of that last question 23 on the grounds it's repetitious and a 24 misstatement his testimony. 25 Q. (BY MR. WATERS) Can you answer, sir? 16 MR. HEWITT: Objection; 17 speculative, not reasonably restricted to is relevant time periods or to geographic 19 locations or circumstances relative to 20 this lawsuit. 21 a. Yes, they provided it. 22 Q. (by MR. waters) How do you know that? 23 a. Just from -- I don't remember the time, 24 but it was -- it was done as a matter of -- I was 25 trying --1 was trying to think - Page 111 Page 114 1 A. No, I can't answer that. 1 Q. Did someone tell you? 2 Q. You just have -- you have no way of 2 a. We took some insulation off of a unit out 3 knowing or quantifying that, do you? 3 there that was a -- the best I can remember, was a 4 MR. HEWITT: Same objections; 4 furnace. Okay? And it was identified as asbestos. 5 speculative and mischaracterization of his 5 And we went through the OSHA specifications to have i 6 testimony. 6 our people tested to meet those specifications. We j 7 a. I don't have -- now, can I answer? 7 also covered that area to meet the specifications, the j 8 Q. (BY MR. WATERS) Please. S OSHA-- 9 A. I don't have any way of just off the top 9 Q. And when you -- when you say "covered," 10 of my head knowing. 10 what do you mean? 11 Q. Okay. Andif you were to try and guess or 11 A. Physically took polyethylene film and 12 speculate that this was something that was done 50 12 covered it, taped it. 13 times or 100 times or 150 times over the course of 13- Q. All right. So, you recall a specific 14 that time frame, that would be speculation on your 14 incident -- instance where asbestos was -- insulation 15 part, wouldn't it? 15 was removed from a furnace? 16 MR. HEWITT: I object to the 16 A. I don't remember whether it was a furnace 17 speculative form of the question. It's -- 17 or not. is it's misleading and a mischaracterization 18 Q. I'm sorry. 19 of his earlier testimony that it was very 19 A But it was -- the best ofmy recollection, 20 few times. 20 it was. It was some unit. 21 MR. WATERS: I'm going to object to 21 Q. All right. And would this have been 22 you coaching the witness, Hewitt. That's 22 when -- while you were an assistant project manager? 23 ridiculous. You've been putting words in 23 a. Superintendent. 24 this witness' mouth all day long. That's 24 Q. You were still a superintendent? All 25 not how you're supposed to defend a 25 right. Page 112 Page 115 1 deposition, and you know it. 1 A. I believe. 2 MR. HEWITT: You've asked some 2 Q. All right. And your recollection is that 3 misleading questions. Go ahead. 3 the Brown & Root employees who were involved with that 4 MR. ERWIN: Object to the sidebar. 4 project ultimately received medical examinations? 5 Q. (BY MR. WATERS) You can answer the 5 A. Yes. 6 question, sir. Do you need it read back to you? 6 Q. Okay. Other than that particular 7 a. Yeah, rephrase it -- or reask the 7 incident, do you have any knowledge about Brown & Root 8 question. 8 employees who may have had other exposures to asbestos 9 (The requested portion of the 9 receiving the required medical examinations? 10 record was read by the 10 MR. HEWITT: I'll object to the 11 reporter.) 11 repetitious form of the question. It's 12 A. I wouldn't venture a guess or a 12 also misleading. 13 speculation. 13 A. The best of my knowledge, that was the u Q. (by MR. WATERS)I appreciate that 14 only time that we bad any that was identified as 15 A.But I'll go back to my original statement 15 asbestos. 16 back there that we did very Tittle insulation. 16 Q. (BY MR. WATERS) All right. 17 Q. All right sir. 17 MR WATERS: Object as 18 MR. WATERS: I'm going to object to 18 nonresponsive. 19 that nonresponsive portion of that answer. 19 Q. (by mr. waters)To answer my question, 20 Q. (by MR. waters) Did you understand, sir, 20 then, the only circumstance you can recall where this 21 that it was necessary to provide annual medical 21 medical monitoring was done was with respect to -- 22 examinations to employees who had previously been 22 let's just call it the "furnace job," for lack of a 23 exposed to asbestos? 23 better term. Is that a fair statement? 24 A. Yes. 24 A. To the best of my recollection. 25 Q. All right And did you become aware of 25 Q. All right. Did the regulations require DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 110 - Page 115 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997____________ ______ _______________________________ RAYMOND MILLER Page 116 1 that polyethylene or some other type of physical 1 regulations. Page 119 j "! 2 barricade be utilized if asbestos dust was created? 2 Q. (BY MR. WATERS) All right. Did you have 3 a. It was -- it -- it didn't specifically 3 an understanding from your knowledge and recollection 4 say, but it was in a -- in a containment. 4 of the regulations that if you -- if there was 5 Q. Okay. 5 insulation material and if it was not known whether or 6 a. Whateverthat might be. 6 not it contained asbestos, the safe approach and the 7 Q. Okay. And one of the purposes of the 7 proper approach was to assume that it was asbestos | s containment would be to keep the asbestos dust or the 8 until testing could be done? 9 asbestos fibers from drifting to adjacent areas where 9 MR. HEWITT: I object to the i 10 other workers were located? 10 overbroad form of the question. It's not n a. Yes. 11 restricted to a relevant time period. : 12 Q. And that, for example, could include Armco 12 Q. (BY MR. WATERS) I apologize. Again, in 13 workers who were working nearby the work that was 13 the 19/0s and early 1980s. 14 going on? 14 MR. ERWIN: Also, vague and 15 a. There were not any -- any Armco people 15 ambiguous. Calls for expert opinion, lack 16 adjacent to that location. 16 of foundation. 17 Q. Okay. 17 a. Not necessarily. l s mr. waters: Object as 18 Q. (BY MR. WATERS) Under what circumstances, 19 nonresponsive. 19 sir, do you think it would be appropriate to assume 20 Q. (BY MR. WATERS) My question is if that 20 insulation materials were nonasbestos when you hadn't 21 was one of the purposes of this type of barricade that 21 had an opportunity to test them and you had no other 22 you've described, to keep the asbestos fibers from 22 knowledge? 23 drifting into an area where there might be other 23 MR. HEWITT: I object to the form 24 workers? 24 of the question. Assumes facts not in 25 A. Yes. 25 evidence and is ambiguous as to any Page 117 Page 120 1 Q. And you would agree with me that that's an 1 specific incident or time period of 2 appropriate procedure when you're dealing with 2 circumstances or work performed out at the 3 something like asbestos that can be deadly or cause 3 Armco Houston Steel plant by Brown & Root. 4 cancer? 4 a. Reask the question again, would vou? 5 MR. ERWIN: Objection to the extent 5 MR. WATERS: Could you read that 6 the question is vagueand ambiguous and 6 one back, please. 7 misstates the evidence,mischaracterizes 7 (The requested portion of the 8 the evidence. 8 record was reacf by the 9 MR. HEWITT: It's an overbroad 9 reporter.) 10 statement, mischaracterizes his testimony. 10 THE WITNESS; Read it again, 11 Q. (BY MR. WATERS) You cananswer. 11 because I want to be sure Iunderstand 12 A. Yes. 12 that. 13 Q. All right. Now,in that particular n (The requested portion of the 14 instance that you've recalled -- and you're not saying 14 record was read by the 15 that was the only time this took place, are you? 15 reporter.) 16 MR. HEWITT: Objection-repetitious 16 A. If there was a potential there for 17 and a mischaracterization of his 17 asbestos, we tested it. 18 testimony. 18 Q. (BY MR. WATERS) Okay. And that, you 19 a. I don't recall. 19 would agree with me, is the proper policy, if there's 20 Q. (BY MR. WATERS) All right. In any event, 20 a potential that insulation materials contained 21 with respect to this particular operation, it's your 21 asbestos, those materials should be tested? 22 recollection that Brown & Root did some type of 22 MR. ERWIN: Objection; calls for 23 testing to determine that. A, it was asbestos, and, B, 23 expert opinion, lack of foundation. Also, 24 it was getting in the air, correct? 24 calls for legal conclusion. 25 A. Yes. Not that it was getting in the air. 25 MR. HEWITT: You're talking about Page 118 Page 121 1 We -- we did it to determine what it was. 1 in the 1970s? 2 Q. Okay. You did it before tearing into it, 2 MR. WATERS: Yes, 1970s. 3 the testing? Let me start over. I think we're on the 3 A. Yes. 4 same page. 4 Q. (BY MR. WATERS) And what would not be 5 In this particular instance. Brown & Root 5 proper, what would not be appropriate, would be to 6 determined before the tear-out work began, that the 6 nave workers attempt to remove insulation materials 7 material was asbestos, correct? 7 where you didn't know whether or not it was s a. Yes. 8 asbestos? 9 Q. Okay. And as a result of that, they took 9 MR ERWIN: Same objections as 10 a number of precautions that we've already talked 10 stated at the last question. 11 about? 11 mr HEWITT: Object to overbroad in 12 a. Yes. 12 the sense that it's not reasonably 13 Q. All right. And you'll agree with me that 13 restricted relevant time periods. 14 if you're dealing with insulation that may be 14 Q. (BY MR- WATERS) Again, with respect to 15 asbestos, that's what the regulations require you to is the 1970s and 1980s. 16 do, determine if it is asbestos and take precautions, 16 MR ERWIN: Same objection as 17 if necessary? n previously. is mr. ERWIN: Object; vague and 18 MR WATERS: Read that one back. 19 ambiguous, not specific as to time, 19 THE WITNESS: Yes, please. 20 misstates the proper legal standard, calls 20 (The requested portion of the 21 for legalconclusion. 21 record was reacf by the 22 MR. HEWITT: I join those 22 reporter.) 23 objections. It's overbroad and vague. 23 a. Yes. 24 a. Yes. If it's identified as asbestos," 24 Q. (BY MR. waters) That would not be proper, 25 those are -- those are the requirements by the 25 would it? DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 116 - Page 12; Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997___________________ _______________________________ RAYMOND MILLER Page 122 Pase 125 1 A. No. 1 restrictions or limitations? 2 MR. WATERS: I pass the witness. 2 MR. WATERS: In terms of this one 3 *** 3 particular job? 4 EXAMINATION 4 MR. HEWITT: Yes. 5 *** 5 Q. (by MR. HEWITT) In this one particular 6 BY MR. HEWITT: 6 job, what was the purpose of that? 7 Q. Mr. Miller, in response to some of 7 a. To let everybody know that it was a 8 Mr. Waters' questions, I believe you testified that 8 hazardous area. 9 you had personal knowledge that some Brown & Root 9 Q. Okay. And would that include Armco 10 laborers were involved in removing insulation from 10 employees? 11 pipes during the period of time you Were out there at 11 A. Yes, sir. 12 Armco Steel plant from 1961 to 1983. Is that correct? 12 MR. HEWITT: We'll reserve any 13 a. Yes. 13 additional questions until the time of 14 MR. WATERS: Objection; leading. 14 trial. 15 Q. (BY MR. HEWITT) Okay. Did that occur, 15 MR. ERWIN': Just a few follow-ups. 16 sir, on a frequent or infrequent occasion, that you -- 16 *** 17 MR. WATERS: Objection -- 17 EXAMINATION l s Q. (by MR. hewitt) -- observed that? 18 * * * 19 MR. WATERS: Excuse me. May I make 19 BY MR. ERWIN: 20 my objection? You have to wait until - 20 Q. This furnace area that you've talked about 21 he has to finish his question and then I 21 with respect to this one asbestos removal project, 22 have to make my objection and then you can 22 sir, which furnace are you referring to? 23 answer. 23 a. I don't recall which furnace it was. And 24 MR. HEWITT: Let me -- let me 24 it might have been a little bag house --1 don't - I 25 restate the question. 25 don't remember. But it seemed to me like it was over Page 123 Page 126 1 MR. WATERS: That would be fine. 1 in the plate mill area when we rebuilt the plate mill. 2 MR. hewitt: And then you can 2 Q. Okay. So, to the extent you've been -- 3 object. 3 the area that's just been discussed with Mr. Waters 4 Q. (by MR. hewitt) Did that occur on a 4 and Mr. Hewitt concerning this asbestos project that 5 frequent or infrequent periods of time that you had 5 you can remember and the term "furnace* was used, your 6 knowledge of that happening out at the Armco Houston 6 best recollection was it was over near the plate mill? 7 Steel plant by Brown & Root personnel? 7 a. Yes. 8 MR. WATERS: Objection; leading, 8 Q. Okay. You've never been an Armco 9 calls us for speculation on the part of 9 employee, nave you, sir? 10 this witness. 10 A. No. 11 You may answer. 11 MR. ERWIN: No further questions. 12 Q. (by MR. hewitt) You can answer. 12 Reserve the rest until after the time of 13 A. It was very infrequent. 13 trial. 14 Q. Describe for us, sir, to the court and 14 MR. WATERS: Just a COUple to - to 15 jury in your own words the frequency in which you had 15 clear up something. 16 occasion to have knowledge of Brown & Root laborers 16 *** 17 performing insulation removal work out at the Houston 17 RE-EXAMINATION 18 Armco Steel plant during die period of time that you 18 *** 19 were out there from '61 and '83, using your own words. 19 BY MR. WATERS- 20 MR. waters: Objection; calls for 20 Q. With respect to this oneparticular 21 speculation. 21 incident that you've described, whether it was the 22 A. It was practically nil. 22 furnace area or bag house, I take it from your earlier 23 Q. (by MR. hewitt) Okay. With respect to 23 testimony, that you actually observed the operation in 24 this instance you recall of identifying some 24 progress personally with your own eyes? 25 insulation material that was found from -- I believe 25 a. Yes. Page 124 Page 127 1 from a sample to contain asbestos, I believe you said 1 Q. Okay. Is that something that you went to 2 at the furnace area -- is that correct? 2 go look at when you were tola about it, or did you 3 A It was --1 believe it was the furnace, 3 just happen across that in the course of your work? 4 yes. 4 a. No. I went to look at it because I was 5 Q. Okay. Other than the precautions that 5 told about it. 6 you've already testified to, was that particular area 6 Q. Okay. You were told specifically that you 7 m any way segregated or roped off or in any way 7 had an asbestos situation -- that is to say, 8 barricaded to prevent outside workers from coming in 8 Brown & Root had this situation -- and as a result of 9 it while Brown & Root workers were performing their 9 that, you went and observed that operation, correct? 10 work? 10 a. Yes. 11 a. Yes, it was. 11 Q. Okay. And had you -- had you not been 12 MR. waters: Objection; leading. 12 tola -- sorry. 13 Q. (by MR. hewitt) Okay. Would you describe 13 a. Excuse me. 14 for us, sir, if there was any sort of limitation or 14 Q. Had you not been told about that 15 restriction with respect to access to that particular 15 situation, about that potential problem, then probably 16 area and, if so, what was that restriction or 16 you would not have observed the operation, correct, 17 limitation? 17 sir? 18 a. Yes, there was restrictions to the area. 18 MR HEWITT: Objection; 19 It was roped off and identified as a hazardous area. 19 speculative, assumes facts not in 20 Q. Were Armco employees prevented, therefore, 20 evidence. 21 from coming within that immediate area while 21 a. I would observe - 22 Brown & Root was performing its work? 22 Q. (BY MR. WATERS) Goahead. 23 a. Armco employees weren't ever prevented 23 a. I would observe any of the -- the 24 from going anywhere. 24 locations, okay just as a matter of course of going 25 Q. " Okay. What was the purpose of the 25 around and looking at part of the job. DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 122 - Page 127 Gonzales Group Multi-PageTM Oral Deposition of: Taken on September 23, 1997______________ ___________________________________ RAYMOND MILLER 1 Q. Okay. So, if, in fact, the -- the Page 128 ,, , . ,, 1 or weekly basis? Page 131 2 operation had been in process for some period of time, 2 a. Mr. Berger. 3 you would have -- you would have observed it because 3 Q. Mr. Berger? 4 you would have happened to cross it over the course of 4 a. Or a Mr. J. W. Griffith, Bill Griffith. 5 time? 5 Q. All right. J. W. -- 6 a. If that particular project? 6 A. And he was there at the same time that 7 Q. Yes, SIT. 7 George was. s a. No, because I knew about that one -- 8 Q. All right. 9 Q. Okay. 9 a. Part of the time. Not all of the time. 10 a. -- to start: 10 Q. All right. So, in the context of -- of n Q. In the time frame from late Sixties 11 inspecting miscellaneous construction work or 12 onward, can you give us a sense of what percentage of 12 maintenance work, Mr. Griffith or Mr. Berger would be 13 the time you spent in the office as opposed to out in 13 much more likely to check on that work on any given 14 the field in terms of doing -- 14 day or any given week than certainly you wouldnave 15 a. Probably - probably in the field 15 been? 16 75 percent of tne time, 25 in the office. 16 a. Yes. 17 Q. Okay. All right. And I -- I forget. 17 q. All right. In fact, it sounds like it is You may have told us this already. By the time you 18 would have been fairly unusual for you to spend time 19 become a -- a superintendent, is most of your work 19 checking on miscellaneous construction contracts that 20 involving new construction projects that are ongoing 20 were going on in the -- let's say the Seventies, early 21 out there? 21 Eighties. 22 A. Yes. 22 MR. HEWITT: I object to the form 23 Q. All right. So, canyou give us a sense of 23 of the question. It's misleading and a 24 the percentage of that? Would it have been pretty 24 mischaracterization of his earlier 25 much most all of it would have been new construction 25 testimony. Page 129 Page 132 1 as opposed to, oh, you know, what I've been calling 1 A. Well, I - I need to know what you 2 "maintenance," but was work in all other areas? 2 what you mean by "check." The reason I -- reason I | 3 a. Yes. 3 ask that question is because that we had several i 4 Q. All right. So, of the 75 percent of your 4 contracts; and, as you well know, that's a big mill. j 5 time that you spent out of the office when you weren't 5 Q. (BY MR. WATERS) Right. 6 doing paperwork, the vast majority of that time, would 6 a. And I would go by places that -- on the 7 have been in areas where new construction was going 7 way to new construction that we would have people ! 8 on, new construction projects? 8 working^there -- I 9 a. Yes. 9 Q. Okay. So you -- j 10 o. And this is obviously a very large 10 a. -- on a miscellaneous construction type 11 facility, isn't it? . 11 thing. | 12 a. Yes, it is. 12 q. All right. So, you might from time to 13 Q. Okay. And you certainly did not on a 13 time stop at a miscellaneous construction site on your 14 daily basis observe all the operations of all the 14 way to the new construction areas that were your 15 Brown & Root employees throughout that plant? 15 primary responsibility? 16 A. No. 16 a Yes. ! 17 Q. In fact, presumably on a weekly basis, you n Q. All right. ! 18 didn't have that opportunity either because of the 18 MR WATERS: Pass the witness. 19 nature of the work and because the greater part of 19 MR GONZALEZ: I have a few 20 your work focused on new construction? 20 questions, if I might. 21 MR. hewitt: Object to the 21 MR. WATERS: Oh, I'm sorry. I 22 overbroad form of the question. It's a 22 didn't mean to take you out of"turn. I 23 mischaracterization of his earlier 23 kind of forgot about you. 24 testimony. Misleading. 24 MR GONZALEZ: I'm sorry. 25 a. When -- when we became assistant project 25 MR. WATERS: That's all rig~ht. Go j1 Page 130 Page 133 ! 1 manager -- 1 ahead. j 2 Q. (BY MR. WATERS) Yes, sir. 3 a. -- we -- we would go to all of them at one 4 point in time. 2 MR GONZALEZ: I'Ve got a couple. 3 *** ~r 4 EXAMINATION j j 5 Q. All right. 5 *** 6 a. Everywhere we had people working. 6 BY MR GONZALEZ: 7 Q. Okay. When you say 'at one point in 7 Q. Mr. Miller, this is Juan Gonzalez. I'm an 8 time," is that over the course of a week or a month or 8 attorney for two defendants in this lawsuit. I've got 9 what? 9 several questions for you. to a. Well, I would try to make them once a day. 10 A. Sure. n a lot of times it wasn't possible to make all of them n Q. Do you have or are you aware of any facts, 12 once a day. 12 evidence, or information, sir, that any product 13 Q. Sure. Okay. AndL again, the most part of 13 manufactured by Pittsburgh-Coming Corporation that 14 that would have -- would have been with respect to the 14 might have contained asbestos was ever used at the 15 new construction that was going on that you nad 15 Armco plant in your years there, sir? 16 responsibilities for? 16 a. Not that I can recall. n a. Yes. 17 q. How about the same question concerning any is q. Okay. Who have been the--maybe is products manufactured by a company called 19 you've already told me this, and I apologize. But 19 W. R. Grace & Company of Connecticut? 20 with respect to responsibility for the miscellaneous 20 a. As far as insulation is concerned? 21 construction work that-- not new construction, but 21 Q. Any asbestos-containing products. 22 the -- the work on an ongoing basis on the 22 a No, sir. The reason I ask that question, 23 facilities that were there, would Mr. Embree or 23 because we - we did use some W. R. Grace products 24 Mr. Berger have been the person who would be more 24 that were -- that were epoxies used in -- in sealing 25 likely to inspect that work on a regular, say, daily 25 concrete pits. DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 128 - Page 133 Gonzales Group Multi-Page7 Oral Deposition of- Taken on September 23, 1997 RAYMOND MILLER Page 134 1 Q. Yes, sir. Do you have any -- any facts, 2 evidence, or information that any of those products 3 contained asbestos? 4 a. No, sir, they did not. 5 Q. All right. And other than those products, 6 are you aware of any others that may have been used on 7 that job site in your years there? s a. Not that I can recall. 9 Q. Okay. Do you know what Zonolite is, sir? to a. No, sir, but 1 could guess. 11 Q. I'm--I'm not asking you to speculate. 12 Do you have any facts, evidence, or information that a 13 product called Zonolite was ever used by anyone at -- STATE OF TEXAS ) COUNTY OF KARRIS ) I, RAYMOND MILLER, HEREBY CERTIFY that I Have read the foregoing deposition, end"that this deposition, together with try corrections, is a tru and correct record of r.y testimony given at this deposition. RAYMOND MILLER 14 in your years at that plant? if mr. waters: Objection; calls for 16 speculation. 17 a. Is - can I ask the question is- what is is Zonolite? 19 Q. (BY MR. GONZALEZ) Well, that's what I'm 20 asking you, sir. 21 MR. WATERS: Well, he can't tell 22 you. You're asking him to speculate. 23 Q. (by MR. GONZALEZ) You don't have an 24 answer to that question, sir? 25 a. If it's a -- if it's a lightweight SUBSCRIBED AND SWORN TO BEFORE ME by RAYMOND MILLER, or. this, the day of A.2., 1997. Notary Public in and for the State of ___________ 25 My Commission Expires: Page 135 1 concrete that might have been used for a roof, it 2 might have been. 3 Q. All right. Other than that application, 4 then you wouldn't have any reason to believe that a 5 product called Zonolite was on that -- on that plant 6 during your years there; is that a fair statement? 7 a. No, sir. No, sir. 8 Q. It is not a fair statement, or it is a 9 fair statement? 10 a. Yes, sir, that is a fair statement. 11 Q. All right. Do you know what a product 12 called Monokote is? 13 A. No, sir. 14 Q. And you don't have any reason to believe 15 that it was present at that job site in your years 16 there; is that correct? 17 a. No, sir. 18 MR. WATERS: Same objection; calls 19 for speculation. 20 Q. (BY MR. GONZALEZ) No, six, that is not 21 correct- or, yes, it is correct? 22 A. Repeat it again. 23 Q. Okay. Do"you have any facts, evidence, or 24 information that a product called Monokote was ever 25 used at the Armco plant in your years there? CORRI GENDUM I# RAYMOND MILLER, wish to make the following changes or corrections in the testimony as originally given: PAGE LINE CHANGE RAYMOND MILLER SUBSCRIBED AND SWORN TO BEFORE ME. the undersigned authority, by RAYMOND MILLE.R..,. ithe witness hereinbefore named^ 6n tr.| thedadyay of wetary pqpiic tr. State of County of -- My Commission Expires: na ret lmi Page 136 MR. WATERS: Calls for speculation. A. No. Q. (BY MR. GONZALEZ) All right. Do you know what Unibestos is, sir? a. No, sir. Q. And because of that, you wouldn't have any facts, evidence, or information that Unibestos as a product was ever used at Armco in your years there; is that a fair statement? a. Yes, it is. MR. GONZALEZ: All right. I pass the witness. MR. ERWIN: Are we done? MR. HEWITT: That's it. MR WATERS: Yeah, I think that's all. THE VIDEOGRAPHER: It is 1:12 p.m. We're off record. (Deposition concluded at 1:12 p.m.) -0O0- STATE OF TEXAS COUNTY OF HARRIS * I, MICHELLE McDANIEL, a Certified Shorthand Reporter in and for tha State of Texas, do hereby certify that the foregoing answers in response to the questions propounded were made before me by RAYMOND KILLER, the witness hereinbefore named, after said witness had beer, first duly cautioned and sworn to testify to the truth, the whole truth and nothing but the tru th. Further certification requirements pursuant to Rules 20S and 206 will be certified to after they have occurred. I further certify the above and foregoing deposition is a full, true, correct and complete transcript of the proceedings had at the time of taking of this deposition. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _____ day of September, 1997. MICHELLE MULANILL, C5R |96T<----------------- DIANA HEKJUM REPORTING SERVICES, P. 5950 San Felip- 7.7.f..f.S...f.~. `J*5` n'KSf FAX <7131 My Commission Expires 99 139 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 134 - Page 135 Gonzales Group Taken on September 23, 1997 1 SIGNATURE REQUIRED: 55-04-1729-d IV THE DISTRICT COURT OWENS-CORNING FIBERGLAS COR?., ET AL. Defendants CAMERON COUNTY, TEXAS 1C3RD JUDICIAL DISTRICT Multi-PageTM Page 140 I, MICHELLE MCDANIEL, Certified Shorthand 1P.eccrter, CS^ -5614, r.erecy certify tr.at: . T:.is ceocsition transcribe is d true r*ccri of tr.e testih.onv ::ven by the'witness named herein, alter sdi: witness was July sworn by me; 2. ; is me charge fbr the :T zr.~' rd.`..bl? .xt deocsiticn transcript and ar.v' comes of exhibits' attached' tr.ereto, merged to `Defendants Pro Rata as noted; 3. Tr.e aecositior. transcribe was not subm.i teed to tr.e witness lor examination and signature, examination ar.s signature having been -alved cy the witness and all parties present; or 4. Tr.e ceoosititr. trahscnpt was suor.itt ed on wU an. i r. e , a rtt"T.. 1 ;e REPORTING SERVICES, ?..., bv 5. RETURN OF SEPOSjliwJ TRANSCRIPT ----- a- - Tr.e deposition transcript was returned, crooerly exefcutei by the witness, to the aesositior.' officer ( i. Trie deposition transcript was returned unsigned because of illness; _____ tefussal to sign; _____ absence oT______ ne?s; r.b reason given. ___ deposition waT^not returned _____ d: The uebositior. was retained by ----- r- py agreement of the Parties . he attached change/correc ion sheet _______ any changes, and the reasd^.s there ore, made by t_h_e_ -itness. ...e original fcxxeccuuted transcript, or 4 certified copy thereof, if applicable, toog_e_t_n__e_r all exhibits', was ( > was rgt_ I i.delivered Custodial Attorney, MR. C. ANDREW WATERS. LAW OFFICES OF ANDREW WATERS, 4CC South 2ang, Suite 5C0, Dallas, Texas 7520?. or. , 1.537. 9. Pursuant it Lh'Tur.t.ruCor. made a part of the record at the time saj.d testimony was taken, the following includes al. parties 0: record: MR. C. ANDREW WATERS LAW OFFICES OF ANDREW WATERS 400 South 2ar.g, Su;te 5CC Dallas, .exas 752-r APPEARING FOR PLAINTIFFS Taxable Cost: $ _____ MR. JAMES V. HEWITT fJEREDITH, DONNELL 4 ABERNETHY 9?50 Texas Commerce Tower SCO Travis Street Houston, Texas 770C2 APPEARING FOR DEFENDANT 5ROWN_( ROOT,_INC. Tax&me MMRA.TTRH.IESHEANRD*IN'SCHEARcS?WE,IN.*L.LJR.P. . 30fi3 Eleven Greer.wav Place Houston, Texas 77C?e APPEARING FOR DEFENDANT ARM TO Taxable Cost: $ MR. JUAN GON2ALE2 <via telephone) A?AMS i GRAHAM, L.L.P. 2uHa*a*-r1liEnagsetnV, a*nT*e-Bxa*us-ren,/ sWaSeist Tower APPEARING FOR DEFENDANTS W. R. GRACE and PITTSBURGH-CORNING CORPORATION Taxable Cost: ___________________ Page 141 A codv of this certificate was served on parties showh*herein. 2 GIVEN UNDER^MY HAND AND SEAL ^|g^FE 3 4 5 6 LLE MCDANIEL C5R EXPIRATION DATE: FTfTfT75 S 5 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 Page 142 DIANA HENJUM REPORTING SERVICES, P.C 1-800-780-2555 Oral Deposition of: RAYMOND MILLER Page 140 - Page 142 Gonzales Group Multi-Page1 #5614 - assistant Taken on September 23, 1997 RAYMOND MILLER 1931 [1] 10:1 600(4] 1:20 2:9 8:12 against [lj 101:3 71:11 84:12 109:12 -#- 1948(2] 11:18.21 141:13 agem 11:6 apply [2] 70:16 83:20 #5614 [3] 139:22 140:12 42:6 1956 [7J 11:4.6.22 12:10 66(1] 9:25 12:20 15:18 70:15 6850(3] 1:20 2:8 141:12 1958 [Si 15:25 16:4 17:10 ago [l] 26:7 applying [2] 13 22.23 agree [13] 6:25 45:25 appreciate [3] 44.il 56:24 58:9,14 63:16 70:15 56:23 112:14 $- S [4] 140:14 141:10.15.20 '50 [lj 70:10 '56 [5] 11:13 13:19.20.21 70:10 '57 [l] 13:19 '58 [4] 23:9.22 24:4 70:9 '61 [20] 23:9.22 24:4 31:9 32:15 33:5,24 35:3 38:12 38:16 39:4 42:19 54:23 55:21 57:20 69:2 71:23 74:18 79:25 123:19 '79 [5] 44:6.20 45:5 46:7 57:2 '83 [8] 42:19 46:7 54:23 55:21 69:2 77:20 79:25 123:19 '86 [2] 99:12 100:3 o0o[l) 136;21 1- - 1 [3] 3:16 6:3 140:13 1,000 [l] 110:13 10 [l] 62:19 100 [2] 110:13 111:13 103RD[2] 1:5 140:6 10:09 [2] 1:17 8:5 1 1 [1] 4:3 116th[l] 24:7 11:27[1] 76:4 11:30 [l] 75:22 11:55 [l] 76:7 12/31/98 [2] 139:25 142:6 122 [l] 3:6 125 [l] 3:7 126[l) 3:8 12:03 [l] 82:2 12:05 [1] 82:6 12:35 [I] 105:2 12:36(11 105:5 133 [11 3:9 137 [l] 3:11 138(11 3:12 140 [l] 3:13 15(1] 62:19 150(2] 38:6 111:13 1500(1] 38:5 160(2] 24:5.8 22:24 61:24 -7- 81:13 87:21 109:11 117:1 approach [2] 119:6.7 1960s [2] 58:16 78:13 1961 [9] 22:25 31:8.21 33:16 69:8 81:11 110:2 110:12 122:12 1970s [28] 59:21 60:6,17 60:25 63:14 67:16 68:10 69:14 75:7 90:20 91:16 7 [l] 141:2 713(2] 139:24.24 75(2] 128:16 129:4 75208 [3] 2:4 141:5.9 77002(2) 2:9 141:13 77046(2] 2:14 141:18 118:13 120:19 appropriate [4] 66 5 agreed [6] 4:4.6,15,19 5:2 117:2 119:19 121:5 6:20 approximate [lj 1519 agreement (7j 7 25 79:20 80:8 81:4.14.17 140:25 area[29] 15:10 20:17 38:20 40:19 48:21 84:13 85:21 86:4 87:5 88:3.5.13 agreements [l] 4:3 91 2 93:11.22 94:22 114:7 91:17.92:7,16.25 94:5.13 95:20 96:7.25 99:1 103:6 109:12 113:1 119:13 121:1,2,15 1976(1] 109:22 77057(1] 139:24 78551 [2] 2:19 141:22 8- - ahead [5] 108:16 112:3 113:13 127:22 133:1 air [14] 74:15 89:4 98:23 104:20 105:9,10,10 106:7 106:10,21 107:3,11 1 16:23 124:2.6.16.18.19 124:21 125:8.20 126:1.3 126:22 areas [8] 7:3,7 40:22 94:19 116:9 129:2.7 1979(2] 44:4,14 8 [2] 34:21 141:5 117:24,25 132:14 1980s [3] 96:25 119:13 al[] 1:2,5 8:7,9 140:3,6 Armco [86] 2:16 7:21 121:15 -9- 1983(10] 31:21 33:16 43:17 69:8 79:16,20 81:11 9 [2] 3:5 142:1 110.2,12 122:12 900(1] 34:21 1986(2] 99:9,11 95-04-1728-D[2] 1: 1997(8] 1:16 8:11 137:16 140:2 138:22 139:20 140:9 952-6625(1] 139:24 141:5 142:2 952-6776[i] 139:24 1:12(2] 136:17,20. -A- A.D[2] 137:16 138:22 Alan [2] 25:12,13 Alaska[2] 12:24 13:11 Alice [1] 12:2 along [i] 96:8 always [i] 70:6 ambiguous [i2] 3011 62:3 80:25 89:10 90:18 93:7.8 106:17 117:6 118:19 119:15,25 amount [g] 15:19 61:19 61:20,25 74:4,11 98:22 8:21 23:24 26:25 28:13 29:15 30:6 31:7.19 32:8 33:15 35:10.17 38:21,23 39:10,13.21 40:7.16 41:16 48:10 51:10.14 52:21 54:17.22 58:24 59:17 66:21 72:19 76:18 82:10 82:12.15.21 83:1,7,18 84:12,17.22 85:10.22.25 86:10 87:1,8,23 88:8.11 88:16 89:6.23 90:8,8 91:6 91:8 93:3.17 94:5 95:14 96:1,4.14 98:16.17 99:1 2(1] 140:14 205(1] 139:13 206[i] 13913 222(2] 2:19 141:22 23(1] 140:9 23rd[2] 1:16 8:10 25(2] 11:6 128:16 a.m[4] 1:17 8:5 76:4,7 Abernethy [4] 1:19 2:8 8:12 141:12 able [S] 39:14 53:1 98:10 104:15 109:21 above[2] 1:15 139:15 absence [i] 140:23 absolute [i] 38:8 107:11 ANDREW [] 2:3.3 141:4,4,7.8 Andy [3] 7:24 8:18 30:12 announce [l] 8:16 annual (lj 112:21 answer[38] 4:9 10:18 28:17 36:24 39:25 40:12 45:8 47:5 51:24,25 55:7 99:14 101:21 107:15 116:12.15 120:3 122:12 123:6.18 124:20.23 125:9 126:8 133:15 135:25 136:8 141:19 Armco's [2] 84:19 94:1 arrangement [l] 99 25 arranging [i] 1138 arriving [i] 75:21 accepted [i] 42:16 57:9 59:7 61:6 62:9 66:12 asbestos [99] 28:9.12 3(1] 140:16 30(11 34:18 3003(2] 2:14 141:17 access (i] 124:15 accordance [i] 1:22 actoinsm 6:24 actual [l] 65:5 66:24 84:3,11 85:5 86:14 91:4 93:9,20 96:19 101:8 108:13 110:25 111:1,7 112:5,19 115:19 117:11 122:23 123:11,12 134:24 29:6,10,16 30:5.6 36:16 37:11,15,21.24 58:25 59:14,21 60:3.5,8,18,22 60:24 61:5,20,25 62:12 63:4,12 67:9,19 68:7.22 -4- 4 [l] 140:18 400(4] 2:4 34:3 141:4,8 405(1] 139:23 45(1] 75:17 Adams [3] 2:18 9:5 141:21 additional [l] 125:13 addressed [2] 20:18 86:19 addresses [l] 81:5 answered [2] 94:17 103:25 answers [2] 1:13 139:6 Antonio [2] 11:3.19 apart [i] 52:15 apologize [5] 64:25 70:9 69:7,16 75:11 89:1.3,4 90:23 91:3,9.11.18,19 92:7,8,20,20 93:1 94:5.7 94:13 95:7,21 96:1,13 101:4,12,21 102:11,23 103:12,14 104:20 105:22 106:6 107:15,18 108:6 adhered [i] 96:10 97:23 119:12 130:19 109:23 110:8,14 112:23 -5- 5 [1] 140:20 50(2] 34:5 111:12 50/50(1] 15:22 500 [S] 2:4 34:3 110:13 141:4,8 5850(1] 139:23 adjacent [2] 116:9,16 appear^] 6:21 76:15,17 advise [5] 21:9 66:5 76:20 87:23 90:10 91:8 appearance [2] 8:17 9.3 again [33] 22:15 23:8,18 appearing [i3] 2:5,10,15 26:13 29:7,20 30:22 33:24 2:20 4:5,7,20 5:3 9:5 34:6,15 35:2 46:18 47:12 141:10,14,19,23 60:5 61:7 63:11 72:15 74:18 79:2 91:15 96:7 97:12,20 101:25 103:5 applicable (2] 70:17 141:3 113:5,12 114:4,14 115:8 115:15 116:2,8,9.22 117:3 117:23 118:7,15,16,24 119:6,7 120:17,21 121:8 124:1 125:21 126:4 127:7 133:14 134:3 asbestos-containing [l] 133:21 aside [l] 40:25 6- - 6(2] 3:16 141:1 108:14 113:1 119:12 120:4,10 121:14 130:13 135:22 application [3] 65:6,10 135:3 applied [6] 13.18 14:5,7 aspects [i] 19:7 assistant [5] 44:7 57:3 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page 1 Gonzales Group Taken on September 23, 1997 Multi-PageTM RAYMOND MILLER associated - couple 108:8 114:22 129:25 associated [3] 17:16 20:25 21:12 5:2 11:21 49:11 82:10 96:4 98:17,17.18 big [lj 132:4 assume [2] 119:7.19 Bill [l] 131.4 assumes [2oj 31:3 36:22 37:18 50:18 59:5 61:3 62:7 66:9 67:24 68:12 69:10 87:12 89:10 96:16 104:25 105:25 106:17 110:6 119:24 127:19 bit [3] 38:6 39:2 75:14 born [3] 10:1 11:2.3 brand [i] 37:5 break [2] 22:2 75:14 breathing[i] 58:6 attached [2] 140:15 141:1 attcmpt[i] 121:6 attendm 107:13 attendance [i] 25:25 attorney^) 24:24 25:15 133:8 141:4 attorneys [5] 4:5.7.20 5:3 25:24 authority [i] 138:21 available [i] 14:1 average [i] 34:7 avoid [i] 58:6 aware [19] 27:14 36:15 37:1,2 43:10 60:7.21.23 68:5.16,20 91:17 92:6 95:19.20 106:20 112:25 133:11 134:6 awareness [l] 60:18 awayp] 75:3 -B- b [5] 65:17 92:7 97:17 117:23 140:22 B's [l] 66:1 B-e-r-g-e-r[i] 49:2 B-u-r-g-e-r[i] 49 1 bad [} 52:10 bag [2] 125:24 126:22 band [2] 73:21 74:2 barricade [2j 116.2.21 barricaded [i] 124:8 barricades [i] 40:15 based [i] 30 2 basis [7] 33:21 45:13.16 129:14,17 130:22 131:1 became [6] 43:7 57:2 60:23 92:6 95:20 129:25 become [4] 60:21 68:20 112:25 128:19 began [2] 75:6 118.6 begun [i] 38:15 benefits [2] 99:17.22 Berger [8] 48:25 49:8 50:12 97:21 130:24 131:2 131:3.12 Berger's [l] 49:3 briefly [1] 24:23 brought [i] 12:10 Brown [157] 2:11 6:15 6:19.23 7:19.20 8:22 12:11 13:5.11.18 16:6.10 16:23 17:13 18:22 19:18 20:19 21:13 23:16.21 24:25 25:16.23.25.25 26:12.18 27:12,18 29:17 30:4 32:5 33:14.20 34:17 34:23 35:9,12,16 40:6,15 40:22 41:22 43:11 47:2 48:7.13 52:25 54:9,23 55:14 56:9 57:18 59:13 63:17 64:10 65:4,11,15 65:24 66:4,16 67:8.17 68:8.9.20 69:1.15 70:3,6 70:15.21 71:2.5,12,12,13 76:10 82:10,15.17,20,24 83:4.5.6.13,16.24,25 84:15.20 85:9,20.21,24 86:3.8.10.23,24 87:6.8.20 87:22 88:18,18 89:2.6 90:6.9 91:1,8.17 93:1,2 93:25 95:1,7,13 96:6,11 96:22 98:17 99:1.8,13,14 99:17.22 100:13.20 101:15 102:19 103:11 105:8 108:1.5 109:10.23 110:14 113:10 115:3,7 117:22 118:5 120:3 122:9 123:7.16 124:9,22 127:8 129:15 141:15 building [3] 42:24 56:2 77:2 built [l] 73:17 Buren[2] 2:19 141:22 business [i] 52:4 busters [3] 49:22 50:5.6 -c- C [6] 2:1.3 138:1 140:24 141:4.7 calls [is] 36:21 58:18 59:2 61:2 101:17 110:18 118:20 119:15 120:22,24 123:9.20 134:15 135:18 136:1 Cameron [3] 1:3 6.22 140:4 cancer[] 63:5,8 91:18 92:9.21 117:4 best [8] 48:12 78:25 98:15 cannot [i] 91:7 114:3,19 115:13.24 126:6 care [5] 17:21,23,24 18:1 better [2] 101:2 115:23 18:2 between [i2] 4:4.6,15,19 Carl[i] 109:15 carpenter [2] 12.1,6 carpenters [3] 49 21 50:5.7 case[S] 6:21 15:24 27:6 27:16 29:9 categories [l] 50:2 categorization [t] 53 5 category [2] 53:3 64:3 cautioned [i] 139:9 certainly [6] 39:9 40:7 63:16 106:22 129:13 131:14 certificate[2] 3:13 142:1 certification [i] 139:12 certified [6] 1:17 5:6 139:4,13 140:12 141:3 certify [5] 137:3 139:6 139:15 140:12 141:1 cetera [2] 22:4.4 change [6] 10:20 31:10 32:18 44:3 69:4 138:7 change/correction m 141:1 changed [4] 16:4 44:4 79:22.24 changes [2] 138:4 141:1 characterize [i] 63:12 charge [3] 43:21 47:9 140:14 charged [l] 140:15 CHASE [2] 2:13 141:17 check [3] 75:24 131:13 132:2 checking [i] 131:19 chief [3] 12:14,15,18 circumstance [S] 72:18 90:16 95:12 103:3 115:20 circumstances [8] 18:6 54:17 85:18 87:14 89:12 113:19 119:18 120:2 City [i] 1:21 civil [IS] 1:22 14:16,17 14:19,21,23 15:2,10,21 16:8.10 18:13,14 43:23 45:19 Clarify [4] 30:20 44:18 54:19 82:13 classify [i] 92:1 clearp] 19:16 30:10 41:12 83:23 88:5,7 90:20 95:11 126:15 clearly [l] 75:18 Cloth [l] 73:7 coaching [i] ill :22 college [i] ll:9 Collingsworth [2] 32:11,11 combination [9] 24 5,8 35:19.21 36:12 38:3,21 39:10 78:5 coming [4] 24:19 27:21 124:8.21 Commerce [3] 1 20 2 8 141:12 Commission [3] 137 25 138:25 139:25 common [l] 40:19 communicated [i] 96:14 containment [i] 1164 116:8 contains [3] 61:5 93:7 141:1 Context [3] 46:19 89:1 131:10 continue [i] 79:15 continuously [i] 3316 companies' m 96 9 contract[2i] 21:1.17 company [4j 11:24 67:9 23:14 42:3.8 46:10 47:23 133:18.19 76:1 1.15.18 77.1 1.19 78:1 complete^) 77 5 139 16 78:5.7.9.12.19.24 79:12 80:2 completed [6] 143.4 38:11,23 39:7 140:15 contracting [l] 3315 completion [2] 39:13 39:22 contractor [sj 11:25 12:4.6 65:22 97:17 complied [2] 5:1 10114 contractors [2j 52:23 65:14 comply [4] 69:15 70 4 70:20 79:23 contracts [13] 43:5 44:21 46:4 47:21 48:3 76:22.23 concept [l] 37:24 77:1,7 96:23 98:14 131:19 concern [2] 63.1,7 132:4 concerned [sj 19:6 49:19 55:7 108:7 133:20 concerning [7] 30 4 48:13 69:16 86:11 101:21 126:4 133:17 concluded [l] 136:19 control [7] 6:23 85:22 86:4 87:1 88:13 89:24 91:5 controlled [l] 77:19 conversation [3] 96 8 106:2 108:20 conclusion [2] 11821 120:24 conversations [3] 67:8 95:25 105:13 concrete [i3] 14:21 15:1 15:13 17:22 18:12.17.21 21:11 43:21 45:21 97:13 133:25 135:1 condition [4] 87 7 88:13 88:17 89:5 conditions [2] 83:15 85:10 confused [l] 85 8 Connecticut [i] 133:19 copies [l] 140:15 coppers [2] 32:7.11 copy [5] 5:6 7:13 107:17 - 141:3 142:1 CORP [2] 1:5 140:6 corporate [is] 6:18 59:22,25 61:16 69:15 70:3 70:16 71:2 87:9 90:25 104:12 107:14,21,23 109:17 consider [i] 18:9 Corporation [4] 2:21 considered [4] 417 8:9 133:13 141:24 60:19,22 78:6 correct [3i] 10.20 18:24 constructed [2] 24:10 22:4,5 36:12 39:7 45:24 75:1 60:3,9.20 71:14 77:9 construction [63] 11:24 14:25 38:11,23 40:5.19 40:22 41:1.23 42:2,8.18 43:5,12 44:21 46:3,10.19 46:21 47:3,21 48:2,3 80:13 83:16,17 86:5 91:19 91:25 102:19 103:23 117:24 118:7 122:12 124:2 127:9.16 135:16.21 135:21 137:6 139:16 49:18 50:4,14 66:23 76:22 correction [i] 6:10 76:23 77:1,2.6.11.15,16 corrections [2] 137:5 78:1.7,12,19.21,23 79:12 138:4 79:20 80:4,12,20,24 81:11 96:23 128:20,25 129:7.8 129:20 130:15,21,21 131:11,19 132:7,10.13.14 contact [l] 52:22 contain [i] 124:1 Corrigendum [i] 3.12 cost [14] 17:15 20:19,25 21:9 31:11 32:13,19,25 33:6,8 141:10,15,20,25 Costs [4] 17:3 19:19 21:10 21:11 contained [is] 4:10 37:11,15 58:25 60:5,7.24 91:19 92:7,19 106:12 119:6 120:20 133:14 134:3 containing [i] 96:13 counsel [5] 4:16.18 8:16 26:1 110:19 County [8] 1:3.21 6:22 137:2 138:19.24 139:2 140:4 couple [3] 16:1 126:14 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page : Gonzales Group Taken on September 23, 1997 Multi-PageTM course - facts RAYMOND MILLER 133:2 deposition [4i] l :S.13 draftsman [2j 14:10,12 33:20 34:17.23 38:24 examinations [S] course (7) 79:25 81:6 111:13 127:3.24 128:4 130:8 court [6] 1:2 4:22 7:16 9:11 123:14 140:3 Court's[i] 6:16 4:11.21 5:4.5 6:3.6.8.12 drawings [8] 14:13,16 6:18.21 7:1,12 8:6.11 14:17,19 16:15,21 66:13 10:10.13 24:19 25:1.8 66:15 27:6.10 112:1 136:19 drawn [3] 67:2,4.6 137:4,5,7 139:16.18 140:9 140:13.15,16.18.20.21.22 drifting [2j 116:9.23 140:22,24,24 duly [3] 9:10 139:9 39:10.14.21 40:6,7 41:22 112:22 113:8.11 115:4.9 48:13 54:10.24 55:14 56:9 examine [l] 140:19 57:18 59:13 63:17 65:4 65:11.16 66:1.1 67:18 examined [i] 113:4 68:8.20 71:19 72:22 83:1 example [is] 15:4 20:10 83:8.15,16,19 84:12,16 29:9 37:4 48:4 54:3 63:25 84:17,22 85:22.23.25 67:18 70:25 71:23 82:14 cover [2] 18:12 84:17 covered [5] 19:8 20:11 114:7,9.12 coverersm 53:11 covering^] 53:1 65:10 65:15 92:3,7.19 craft [ij 53:3 crafts [l] 34:24 craftsmen [ij 35:9 create [ii 74:3 created[i4) 29:16 52:14 58:6,17 72:13 74:13 75:4 87:6.20 91:1 93:1 94:23 96:12 116:2 creating [aj 42:24 89:3 90:7 crew [5] 12:19,21 53:22 53:23 54:2 cross [1] 128:4 CSR [4] 139:22 140:12 142:6.6 curiosity [i] 62:15 Custodial [ij 1414 describe pj 16:14 18:11 140:14 76:13 81:1 123:14 124:13 during [4] 38:12 122:1 1 86:10.24 87:2,6.8,23 90:8 97:16 102:15 104:19 91:6.8 93:17 95:1 96:1 1 109:22 116:12 described [io] 1511.21 46:4 53:16 58:17 64:9 74:23 89:5 116:22 126:21 123:18 135:6 dust [47] 29:16 51:19 52:1 52:12.14.15 57:10 58:6 102:19 110:14 112:22 113:12 115:3.8 124:20.23 125:10 129:15 except [2] 4:8.9 exception [ij 31 21 excuse[5] 63:12 85:15 description [2] 27 24 31:10 58:11.12,15.17 63:19 72:14 74:4,13.22 75:1.4 employees ' PI 83:5 84:19 99:11 122:19 127:13 executed [2] 140:21 desire [ii 6:7 details [2] 48:13 98:10 determine pj 56:13 98:22 106:12 117:23 118:1,16 89:3,4 90:7 91:9 93:2 94:20.22 95:3.21 96:13 98:21,22 102:18 104:20 105:10,19.22.22 106:3.6 106:6,10,11,20 107:3.11 116:2,8 enforcing [i] 94:2 engineer^] 31:12 32:14 32:19,25 33:6,9 engineering [6] 13:18 14:6,13 66:13,15 67:2 141:2 Exhibit [ij 6 3 exhibits [3] 3:15 140:15 141:3 expect[i] 7110 determined pi 118 6 duties [8] 27:24 28:4 ensure [2] 82.22,25 experience [2] 49:4 device [2] 74:12 75:3 31:10 32:18 33:8 35:16 entered[i] 21 :l 103:9 diagram [i] 30:21 43:1849:11 entire [3] 41:10 44:1 69:7 expert [2] 119:15 120:23 Diana [3] 8:14 139:23 140:19 -E- epoxies [1] 133:24 equipment [5] 19:6 expertise [ij 42:13 EXPIRATION [i] difference [2j 41:25 E [13] 2:1,1 3:1 4:1,1,1 44:22 73:17 74:5 104:4 142:6 49:11 9:13.18,19 122:4 125:17 Erwin [25] 2:13 3:7 7:24 Expires p] 137:25 different[6] 13:22 21:10 133:4 138:1 49:4.55,13 E-E[l] 126:17 difficult [2] 45:11 56:23 E-m-b-r-e-e [2] 47:15 8:20,20 30:12.17 58:18 138:25 139:25 59:5 62:2.21 94:16 110:18 112:4 117:5 118:18 119:14 120:22 121:9,16 Explain [i] exposed [4] 41:25 29:5,9,16 dimensions [l] 38:3 47:16 125:15,19 126:11 136:13 112:23 customer [7] 16:23 17:14 directed [i] 6:19 early [5] 15:17 33:19 141:16 20:19.25 21:9,13 22:2 cut [2J 72:7 74:11 cutting [lj 72:10 direction pi 108:18 dirt[lO] 14:22 15:12 17:21 18:17,22 21:11 43:21 45:20 50:9 97:13 35:8.17,22 37:14.21.25 38:12 41:9 43:3.13 44:24 45:6 57:10,11,13 58:16 58:22 59:8,21 60:2,6,17 60:25 61:24 62:12 63:1,3 essentially [2] 47:22 65:19 estimate^] 16:18.22,25 17:1,9,9,15 33:12 -D- d[3] 3:1 138:1 140:24 daily [2) 129:14 130:25 Dallas [3] 2:4 141:4,9 Daniel [2] 2:24 8:14 date [4] 8:10 26:6 79:17 142:6 dates [ii 44:8 days [31 109:22 110:9,13 deadly [ii 117:3 dealing [3] 97:13 117:2 118:14 dealt [l] 95:21 defend [i] ill :25 defendant [5] 2:10,15 8:1 141:14,19 dirty [ii 52:3 63:13 67:16 68:7,22 69:14 estimating [5] 16:12,14 discussed [2] 80:19 71:23 74:16.18,20.22 18:10,23 19:2 126:3 77:20.23 78:13 91:17 92:7 estimation [8] 18:21 discussion [2] 82.4 92:15 95:20 96:25 98:12 100:4.9,9,11 101:4 113:1 19:5.8 20:3,12.18 21:8 24:12 105:8 discussions [4] 30:3 67:17 68:19 95:25 distant [1] 27:22 distributed pi 74:14 DISTRICT [4] 1.2,5 119:13 131:20 East [2] 2:19 141:22 effect [6] 4:12,23 5:7 13:22 86:9 100:4 Eighties [3] 98:12 101:4 131:21 et[8] 1:2,5 8:7,9 22:4,4 140:3,6 Eugene [i] 9:20 evaluate [i] 16:20 event [4] 54:9 87:19 104:13 117:20 140:3,6 division [5] 16:5,7,8.10 82:9 eitherp] 23:23 24:20 129:18 electrical pi 17:11.16 everybody [ij 125:7 everywhere [2] 52:1 130:6 documentation [2] 26:24 81:10 documents [7] 24:15,18 17:23 18:24 21:10 22:3 electrician [2] 28:2 29:15 evidence [29] 4:11 31:4 36:23 37:18 50:18 59:6 61:4 62:3,7 66:9 67:25 27:9 76:15,18 80:19 81:15 Eleven [2] 2:14 141:17 68:13 69:11 87:13 89:11 defendants [6j 1:5 2:20 doesn't pi 99:15 Embreep] .47:11.13 48:6 96:17 104:25 105:25 133:8 140:6.16 141:23 done [23] 14:2 17:11.19 49:5 50:15 97:2,3,20 106:17 110:6 117:7,8 degree [21 58:11 96:12 42:11,19 45:12.15 53:15 130:23 119:25 127:20 133:12 delivered [ij 141:3 department [is] 12:2 64:12 65:6,10,14 78:20 80:21 94:8 104:17 107:4 109:11 111:12 113:24 Embree'sp] 47:19.25 employ [2) 35:9,12 134:2,12 135:23 136:7 exactp] 26:6 44:12 79:17 13:2 41:17 59:15.16.20 61:16 101:2.11.20.21 102:10.13.23 109:18 depending [2] 33:22 34:10 115:21 119:8 136:13 employed [5] 28:12 Donnell[4] 1:19 2:8 8:12 31:15 33:15 100:13,20 141:12 employee^] 6:15 61.21 down [3] 6:22 22:2 72:6 84:2 96:1 126:9 100:19 employees [63] 29:17 exactly Pi 28:22 44:8 79:24 examination [t] 3:5,6.7 3:9 140:17.17 exposure [i4] 28:8,12 61:20.20,25 63:13,18 64:4 87:16 88:22 89:7 108:25 113:5.12 exposures [l] 115:8 express [i] 81:23 extended [ij 84:16 extent [7] 79:22 84:21 86:7,8 94:16 117:5 126:2 eye [2] 55:25 106:21 eyesm 126:24 -F- face[2] 73:6 95:4 faces [l] 55:15 facilities [4] 14:14 15:9 77:2 130:23 facility [25] 23:24 31:7 31:13.20 32:5,6 33:6 35:10 38:24 39:15,16,22 40:8 41:3 43:11 52:16 54:22 58:24 78:21 82:12 96:24 98:16 101:22 107:15 129:11 fact[i4] 36:15 43:10 47:6 58:11 60:21 68:17 72:10 73:1 81:13 103:10 113:10 128:1 129:17 131:17 facts [25] 31:4 36:22 37:18 50:18 59:5 61:3 62:7 66:9 67:24 68:12 69:11 87:12 89:11 96:16 104:25 105:25 106:17 I i DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page ! Gonzales Group Taken on September 23,1997 Multi-PageTM fair - inspect RAYMOND MILLER 110:6 119:24 127:19 37:1748:17 50:17 51:21 104:3 107:17 131:13.14 60:19,22 62:12 67:10 68:7 hour[i] 75:16 133:1 1 134:1.12 135:23 52:19 53:18 54:14 57:4 137:6 138:5 139:19 75:11 85:10 92:8 106:4 hours [3] 26:10.16.19 136:7 59:4 60:11 62:6.23 63:22 140:13.23 142:2 fair [291 14:8 21:14 29:13 66:8.19 67:12.23 68:11 giving [3] 21:22 27:6 35:6 38:2 44:11 46:21.21 69:10.22 72:16 74:7 80:16 102:18 54:8 56:7.22 57:8 60:10 60:16 67:15 74:1,21 80:2 84:6 87:19 101:22 102:6 80:23 81:21 83:3.22 85:2 85:16 86:13 87:11 89:8 glad [i] 7:13 90:12 91:21 93:6 94:15 God[l] 73:16 107:11 115:23 135:6.8.9 95:10 96:15 98:5 102:25 goeS[l) 7:15 135:10 136:9 110:5,22 111:17 115:11 gone[l) 74:22 fairly [2] 63:14 131:18 119:10,23 129:22 131:22 Gonzales [4] 1:2 87 fall [3] 15:10 18:7,7 former [i] 6:15 36:21 140:3 fami}iar[2] 82:21 109:17 forth [i] 1:23 Gonzalez [2i] 2:18 3:9 found [4] 68:6 75:10 77:7 8:24.24 9:1,4.5 59:1 61:1 106:22 124:19 125:8 house [2] 125:24 126:22 hazards [7] 63:4 91:1 95:6 96:1 101:3,11 107:14 Houston [22] 1:21 2:9 2:14 7:21 8:13 11:4,12,15 head [3] 10:24 49:21 11:23 12:10 13:16 30:6 111:10 54:18 72:19 95:14 100:24 headed [l] 108:18 120:3 123:6,17 139:24 headquarters [2] 10714 141:13.18 107:22 hypothetical [3] 8912 heard [6] 62:11 67:16 90:18 93:7 - 73:21.23 75:10 100:24 hearing [lj 5:5 -I-______________ far [6] 11:8 19:6 49:18 57:22 92:21 133:20 123:25 foundation [2] 11916 66:10 132:19.24 133:2.6 Heit[3] 68:2,6.14. 133:7 134:19.23 135:20 Hello [2] 8:25 9:1 idea [4] 20:25 32:19 55:23 106:11 fashion [i] 40:23 FAX[i] 139:24 Federal [3j 70.24 71:4 71:13 120:23 four[2] 13:14 26:19 frame [4i] 15:18 23:9 24:10 32:1 33:5.24 34:7,9 136:3.11 141:21 good [6] 4:17 6:9,24 8:1 100:7 106:11 Gosh[i] 60:1 help [i] 81:19 helper [i] 12:1 Henjump] 8:14 139:23 140:19 identification [i] 6 4 identified [6] 40:20.22 114:4 115:14 118:24 124:19 feet [3] 35:25 36:3 38:5 34:12,13 35:2.3,4.8.13,22 govern [2] 77:11,13 hereby [4] 4:6 137:3 identifying [l] 123.24 Felipe [1] 139:23 41:9.10,11 42:5 43:3,14 governed [2] 78:20 80:3 139:5 140:12 identity [i] 7:20 fell0W[l] 12:19 few [6) 34:1 51:7,8 111:20 125:15 132:19 Fiberglass) 14 88 43:16 44:1,25 46:1 47:1 55:22 57:3,13.20 69:2.8 71:23 77:19 92:25 97:6 97:18 110:2 111:14 128:11 Grace [S] 2:21 9:7 133:19 herein [7] 4:5,7,10,20 5:3 133:23 141:24 140:14 142:1 graduate [l] 11:16 hereinafter [l] 1:23 graduated [i] 11 22 hereinbefore [2] 138:21 illness [l] 140:23 immediate [i] 124:21 impact [3] 84:21 86:9 87:7 140:5 frequency [i] 123:15 Graham [3] 2:18 9:5 139:8 implying [l] 83:25 fibers [2J 116:9.22 frequent [2] 122.16 141:21 hereto [4] 4:7,16.20 5:3 important [i] 1022 field [3) 15:2 128:14,15 123:5- Great [i] 88:4 Hewitt [138] 2:7 3:6 6:5 in-house [i] 26:l Fifties [l] 22:20 figure [i] 20:3 filed [l] 5:4 front[l] 7:12 full [4] 9:16 59:17 99:12 139:16 greater [2] 74:4 129:19 Greenway [2] 2:14 141:17 6:14 7:6,10,17 8:22,22 9:2 10:3,7 20:5,21 22:13,15 in-plant [i] 78:3 23:4.10,18 24:25 25:2,4 INC [2] 2:11 141:15 filmflj 114:11 fully [1] 4:25 financial [i] 100:7 furnacepi] 114:4.15,16 fine [3] 93:19 96:19 123:1 115:22 124:2,3 125:20.22 finish [i| 122:21 125:23 126:5,22 finished[2] 21:12 109:3 future [1] 27:22 first [19] 9:10 13:11 26:10 31:6 41:6 43:3 44:17 -G~ 57:21 58:23 62:11 67:9 67:13,16 75:6.9.11 81:21 89:21 139:9 fitting [l] 64:14 G [2] 4:1 138:1 gainednj 113:2 gas [i] 88:3 Griffith [3] 131:4,4,12 ground [i] 31:3 grounds [10] 57:5 60:12 62:6 69:23 71:8 81:22 89:9 90:13 108:11 110:23 group [2] 17:23,24 guess [6] 44:4 63:11 100:9 111:11 112:12 134:10 -H- 25:12 28:14 29:11,18 30:8 inch [2] 24:5,8 30:19 31:2 36:19 37:16 39:23 40:9 41:4 44:24 45:2 48:16 49:6 50:16 51:20 52:18 53:17 54:13 55:1,3 57:4 59:3 60:11 61:3 62:4,22 63:21 66:7 66:18 67:11,21,23 68:11 incident^] 114:14 115:7 120:1 126:21 include [10] 15:3.6 17:3 17:5,8 76:21,22,25 116:12 125:9 included [2] 17:9 104.-19 68:23 69:9,17,22 70:18 includes [i] 141 6 71:7,15 72:15 74:6 75:23 including [i] 8:3 76:2 80:15,22 81:20 83:2 83:9,21 84:10 85:1.12,15 86:12 87:10,25 89:8 90:12 incomplete [2j 89:11 8115 fixed [2] 44:22.22 general [24] 18:10 19:9 20:17 22:7 23:3 32:19 H[l) 11:13 91:20 92:12 93:5,21 94:14 Incorporated [l] 8:23 95:9 96:15 98:4 101:6,13 incorporates [i] 80.24 focused [l] 129:20 folks [7] 7:20 54:2 64:9 89:7 96:14 101:10 105:9 follow [4] 69:16 70:16 71:3 82:15 37:13 44:15 56:4,6,8,14 77:18 78:12,18,20.23 79:12,13,19 81:3,14,17 90:24 generalization [i] H-e-i-t[i] 68:3 hack[i] 73:12 half [3] 26:16,19 75:16 HAND [2] 139:19 142:2 101:23 102:24 103:24 104:24 105:24 106:14,23 107:5 108:10 110:4,17,21 111:4,16,22 112:2 113:13 113:16 115:10 117:9,16 indefinite [i] 20:22 indicated [4] 20:9 39:4 90:25 94:25 indicating [2] 38:7 follow-ups [l] 125:15 22:10 followed[2] 71:14 82:22 generally [7] 22:12 46:25 52:12 77:11 78:16 handsaw [4] 73:14.15 74:23,24 happening [i] 123:6 118:22 119:9,23 120:25 121:11 122:6,15,18,24 123:2,4,12,23 124:13 108:22 individual (i) 104: ll industrial [3] 15:9 16:8 following [5] 4:3 108:1 108:5 138:3 141:6 follows [I] 9:11 82:12 107:10 generated [l] 66:16 happy [i] 56:12 hard(i] 44:12 125:4,5,12 126:4 127:18 129:21 131:22 136:14 141:11 16:10 industry [i] 73.25 force [4] 4:12.23 5:7 78:25 forces [2] 49:16 50:3 foregoing [3] 137:4 139:6,15 generating [i] 58:11 gentleman [2] 48:24 109:14 geographic [3] 54:15 60:14 113:18 geographical [i] 22:18 Harding [3] 2:13 8:20 141:16 Harlingen [2] 2:19 141:22 Harris [3] 1:21 137:2 139:2 Hewitt's [l] 25:8 high[7] 11:17,22 33:23 34:3,3,16,20 Highway [2] 12:2 13:1 Highways [i] 15:1 information [io] 27:23 30:4 61:15 68:21 133:12 134:2.12 135:24 136:7 141:5 informing [l] 93 3 infrequent [3] 122:16 forget [i] 128:17 George [3] 48:25 49:14 hazard [10] 67:19 87:8 himself [i] 6:25 123:5.13 forgot [l] 132:23 131:7 87:18.20,24 90:11 91:9 hired[3] 13:4,5,10 inherently [i] 52:3 form [55] 4:9 20:6 22:16 given [13] 10:10,13 98:1 93:4 105:23 106:7 home [3] 25:22 27:13,13 inspect [i] 130:25 23:5 28:15 30:9 36:20 hazardous [i3] 37:24 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page Gonzales Group Taken on September 23, 1997 inspecting [i] 131:11 JR [2] 2:13 141:16 install [i] 64:11 Juan [S] 2:18 8:3 9:4 installed [3] 35.21 36.11 133:7 141:21 94:6 JUDICIAL [2] 1:5 installing [l] 35:18 140:6 instance [S] 1:14 114:14 jury [3] 29:5,8 123:15 117:14 118:5 123:24 instances [l] 21:16 -K- instructions [i] 6:17 keep [4] 40:16 84:15 insulated [3) 36:12.16 116:8.22 37:1 kind[i7] 12:3 14:12 insulation [3] 18.3.6 15:16 17:22 24:3 34:11 20:2.11 23:2.16 36:17.17 36:7 42:8 43:24 49:22 37:14 46:11 48:15 50:15 55:14 89:5 93:2 99:24 51:3 52:22 53:14 54:1 1 102:16,18 132:23 54:25 57:19 58:24 60:4,7 60:24 61:5 62:20 63:13 63:19 64:2.7 65:6.15.21 65:25 71:20 72:8 90:2.7 91:19 92:2.6.19 96:24 97:17,25 108:22 109:1.2 109:10.24 110:8,9,15 112:16 114:2.14 118:14 119:5,20 120:20 121:6 122:10 123:17.25 133:20 insulatorp] 71:18 insulators [2j 35:10 49:25 Insurance [i] 19:25 interaction [i] 96:3 knew [] 47:7 62:18 67:9 91:1892:18 101:20 102:10,12 128:8 knowing [4] 88:23 110:15 111:3,10 knowledge [2i] 7.5.18 40:19 46:9,15 49:4.13 60:18 96:22 97:5 98:3,15 103:9 113:2 115:7.13 119:3,22 122:9 123:6,16 knowledgeable [2] 103:10 104:14 known [4] 63:9 67:19 68:9 119:5 involved [33] 18:20.23 19:1.4,13.22 20:20 24:12 -L- 39:5 41:22 42:9 43:4 L.L.P [4] 2:13,18 141:17 44:15,20 45:18 46:11 47:6 141:21 47:8 48:21 50:14 54:10 labor [8] 17:3 49:14.16 54:24 64:1 72:22 83:24 50:3.9 53:22,23 54:2 87:4 96:12 97:13 98:2.8 109:23 115:3 122:10 involvement [6] 23:23 laborers [7] 50:10 53:4 54:12,24 64:1 122:10 123:16 47:2 97:8.16 101:10 113:7 involving [2] 96:24 lack [3] 120:23 115:22 119:15 128:20 laid [l] 81:23 issue [2] 92:15 98:15 large [2] 65:7 129:10 issued [ij 95:1 largerp] 73:17 issues [2] 7:5 89:13 lastpi] 47:14 52:19 item[i] 81:1 60:12 67:24 71:7 80:16 items [7] 14:22 15:2,16 92:13 100:24 108:10 16:13 18:13,14,19 110:22 121:10 itself [2] 52:14 81:14 late [25] 22:20 31:24.24 32:23 33:3,7,25 34:14 -J- 35:3,4,5 38:12 39:5 45:5 46:1,2.7 47:1,1 57:20 J [2] 131:4.5 71:24 74:19 75:15 97:10 JAMES [2] 2:7 141:11 128:11 Jimp] 8:22 launched [ij 55:4 job [IS] 13:11,13.24 27:24 LAW[3] 2:3 141:4.8 27:24 28:4 31:10,10 66:23 lawsuit [7] 85:19 87:14 115:22 125:3,6 127:25 89:13 90:16 103:3 113:20 134:7 135:15 133:8 jobs [2] 23:16 97:5 lawyer [ij 26:12 Johnson [is] 99:4 100:16 layout [7] 26:25 27:1,8 100:17,19.25 101:1.10 30:17.18.19,21 105:16.18.21 106:3,10.20 leading [3] 122:14 123:8 107:2.21 124:12 join [3] 62:4 66:10 118:22 leak [i] 88:3 Multi-Page1 inspecting - N RAYMOND MILLER learn [4] 59:10,12.13 68:21 manufactured [2] 133:13,18 MICHELLE [5] 117 139:4.22 140:12 142:6 learned [l] 1225 margin [ij 19:18 might[l8] 20:11 34:18 least [4] 19:8,20 37:25 marked [2] 6:4 93:10 44:8 84:21 85:1 1 86.9 39:15 led [lj 104:21 Marks [is] 25:12.13.15 25:18 26:3.9,13.15,18.23 left [4] 33:6 39:6 48:9 27:2.5116 28:7 30:3 79:1 markups[4j 19:12,14,17 legal [3] 118:20.21 120:24 19:22 90:1 91:11 93:3 98:7 116:6.23 125:24 132 12 132:20 133:14 135:1.2 mill [19] 24:5.8 35:19.21 36:12 3S:3.21 39:10 42:11 49:9 52:1 78:5.7 82 11 length [2] 31:18 38:5 mask [4] 57:23 73:6,7 107:10 126:1.1.6 132:4 less [2] 54:3.5 102:18 Miller [28] 1:9.14 3:3 6:7 level [4] 62:15 98:22 101:9 106:11 masks [4] 57:10 58:16 94:18 95:4 6:7.11.14.20.24 8:6 9:9 9:17.18.24 10:3 11:2 levels [2] .105:10,19 lightweight [i] 134:25 material [8] 16:15 54:11 64:8 72:8 73:18 118:7 119:5 123:25 28:21 76:9 122:7 133:7 137:3.10.15 138.3.17.21 139:8 140.9 likely [4] 55:2,10 130:25 materials [27] 16:21 17:5 Miller's [ij 6 23 131:13 17:15 18:6 27:9,13 30:5,6 mills [3] 15:4 41:20 52:12 limit [ij 61:25 limitation [2] 124:14,17 limitations [2] 61:19 125:1 limited [S] 22:17 23:6 63:14 66:22 87:13 36:17 42:23 51:3 54:25 60:24 63:8 64:3 65:10 66:6 76:11 77:7 78:11 80:8,12,19 119:20 120:20 120:21 121:6 Mathis [3] 11:20.21,25 mind [2] 14:25 65:20 mind's [ij 55.25 minimum [ij 40:7 minutes [ij 75:17 miscellaneous [32] 42.2 LINE(i] 138.7 listed [i] 78:9 matter [5] 8:7 83:12 84:14 113:24 127:24 matters [l] 82: ll 42:7.18 43:4.12 44:21 46:3,10.19 47:3.21 48:3 49:18 50 4.13 76:21.22 lives [l] 48:7 local [l] 11:25 located [2] 1:19 116:10 MATTHIESENm 2:13 141:17 may [23] 4:10,21 5:6 7:21 77:6.10,14.25 78:7,12 80:12,20 81:10 96:23 130:20 131:11,19 132:10 132:13 location [7] 22:18 23:6 51:23 54:16 60:14 85:18 116:16 locations [2] 113:19 127:24 longer [i] 14: l look [2] 127:2,4 looked [2] 30:14 78:11 23:24,25 29:15,15 30:4 52:15 55:8 56:25 58:25 79:22 98:11 107:3 109:10 115:8 118:14 122:19 123:11 128:18 134:6 McDANIEL[5] 1:17 139:4,22 140:12 142:6 McKinley [2] 12:23,23 mischaracterization [9] 40:11 68:13 91:22 107:6 111:5.18 117:17 129:23 131:24 mischaracterizes [3] 62:3 117:7,10 misleading[i6] 30:ll 62:8 68:15 80:23 89:10 looking[S] 22:9 80:7 88:1,2 127:25 loud[i] 10:5 low [4] 33:23 34:5,16,18 lump [4] 22:21 45:15 47:23 99:24 mean [22] 14:20 16:14 18:11,16 19:17 20:14 23:15 30:10 41:13,13.21 45:20 49:15 52:10 56:22 57:12 82:13 99:14 100:8 114:10 132:2,22 means [i] 81:15 90:17 91:23 93:6,8 108:12 110:21 111:18 112:3 115:12 129:24 131:23 misstatement [ij 110:24 misstates [2] 117.7 118:20 lump-sum [2] 21:16,25 meant [i] 30.21 misunderstood [i] measured [ij 33:10 64:24 -M- measurements [ij mixed [i] 58:13 M [7] 4:1 9:13 122:4 98:22 moment [i] 41:1 125:17 126:17 133:4 138:1 measures [7] 94:4,12,12 95:5 101:3 102:22 103:11 monitoring [4] 105.9.10 107:3 115:21 maintenance [i6] 41:2 41:7,13,14,17,19 42:22 43:13 44:16,18 77:15 80:13,20,25 129:2 131:12 mechanical [4] 17:12 17:16 19:5 21:11 Monokote[2] 135:12.24 medical [4] 112:21 115:4 month [1] 130:8 115:9,21 months [l] 13:14 maintenance-type [i] meet[] 24:24 25:18 26:8 most [ll] 15:12 22:21 80:4 109:19 114:6,7 64:12 73:14.15 94:7 96:22 majority[4] 47:19 67:3 67:4 129:6 man [2] 9:23 47:8 manager [S] 44:7 57:3 meeting [2] 25:21 26:5 meetings [4] 26:17 27:4 95:24 107:13 Meredith [4j l: 19 2:8 97:12 128:19.25 130:13 mouth [3] 20:14 55:15 111:24 Mt [2] 12:23.23 108:8 114:22 130:1 manual [2] 69:2.6 8:12 141:12 met [7] 25:2 26:3,11,13 -N- Manuel [3] 1:2 8:7 140:3 26:13,14 27:2 N [14] 2:1 3:1 4:1 9:13,13 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page Gonzales Group Taken on September 23,1997 Multi-Page naked - plant RAYMOND MILLER 122:4,4 125:17,17 126:17 36:19 37:16 48:16 50:16 one 43] 4:16 7:25 11:9 8:8 140:5 103:2 119:11 120:1 126:17 133:4,4 138:1 52:7.18 53:17 54:13 57:4 13:11 17:20 24:6 29:21 Own [9] 17:14 41:19 65:25 122:11 123:18 128:2 naked [l] 106:21 name [8] 9:16.18 47:10 47:14 59:23 73:20 109:16 109:16 named [5] 48:25 109:14 59:1.3 60:11 61:1 62:5.22 63:21 66:7,18 67:11.23 68:11 69:9.22 71:7 72:15 74:6 80:15.22 81:20.21 83:21 85:1.12.15 86:12 87:10 89:8 90:3.12 91:13 30:22 32:7,10 40:1 47:24 50:12.21 51:10 56:19 58:15 60:5 63:4 65:19 69:21 71:18 77:18 78:4 79:5 84:4.5 88:10 91:24 99:4 102:1 113:14 116:7 71:3 82:17 100:11 123:15 123:19 126:24 owner [i] 84:2 _______ __________ periods [3] 113:18 121:13 123:5 person [5] 4:13 48:12 59:24 96:21 130:24 personal p] 46:9.14 138:21 139:8 140:13 names pi 37:4.5 99:3 91:20 93:5 94:14 95:9 96:15 98:4 101:17 102:24 116:21 120:6 121:18 125:2.5.21 126:20 128:8 P [5] 1:2 2:1,1 8:7 140:3 60:18 97:4 103:9 104:3 122:9 narrow [i] 39:1 103:17 109:6 110:4.10,19 130:3.7 P.C [2] 139:23 140:20 personally p] 64 5 National [i) 12:23 110:22 111:16.21 112:4 ongoing [5] 23:23 40:6 p.m[6] 82:2.6 105:2.5 112:18 115:10.17 116:18 41:2 128:20 130:22 136:17.20 97:18 126:24 personnel [6] 33:15 nature [10) 12:12,21 16:9 29:6 35:15 42:22 47:3 52:4 73:9 129:19 near [2] 85:11 126:6 nearby [i) 116:13 necessarily [8) 184 22:1 41:24 88:12,15 98:2 103:14 119:17 118:18 119:9.23 121:11 123:3 129:21 131:22 objection [51) 4:16 7:25 20:21 29:18 36:21 39:23 40:9 41:4 49:6 51:20 55:1 55:8 58:18 62:2 66:11 67:21 68:23 69:17 70:18 83:2 90:21 93:13.21 94:9 onward [i] 128:12 operation [6] 105:22 117:21 126:23 127:9,16 128:2 operations p] 71:5 83:23 84:21 87:20 89:1 93:1 107:10 129:14 page [13] 3:5.6.7.8.9.11 3:12.13.16 6:10 46:24 118:4 138:7 paper p] 73:7 81:18 paperwork p] 81:5 129:6 Paris [2] 2:24 8:14 35:12 52:25 59:20 63:20 123:7 persons [l] 7:4 pertain [3] 77:1 81:10 107:14 pertained [2] 71:5 80:12 pertaining [2] 94:12 necessary [6j 16:21 18:3 33:12 72:7 112:21 118:17 101:6.23 103:24 104:24 105:24 106:14.23 107:5 108:10 110:17.18 113:13 opinion [3] 81:24 119:15 Park[l] 12:24 107:18 120:23 opinions [4] 28:8.11 part[26] 16:24 17:1 19:21 Pete [6] 99:4 100:15,16 20:18 21:8 32:12 39:15 100:19 105:15.16 need [5] 84:4,5 93:18 112:6 132:1 neededni 104:16 never [2) 28:22 126:8 new [25) 23:24 41:1.23 42:24 44:6.16 46:20 48:2 113:16 117:5,16 120:22 121:16 122:14,17,20,22 123:8,20 124:12 127:18 134:15 135:18 objections [i6] 4:8 23:11,19 29:11 55:3.4 29:14 30:1 opportunity [4] 24:24 76:10 119:21 129:18 opposed [9] 15:20 42:24 44:16 46:20 50:15 77:15 80:4 128:13 129:1 43:8 48:19,20 49:9 65:7 Peter [l] 105:21 66:16 71:3 74:16,18 84:22 90:9 111:15 113:1 123:9 phonetic [i] 27:19 127:25 129:19 130:13 physical [i] 1161 131:9 141:5 physically [2] 33:10 particular[i6] 23:13 114:11 64:7 66:22 77:1,2.15 78:21 80:4.5 128:20.25 129:7,8.20 130:15.21 132:7.14 night [i] 11:15 nil [l] 123:22 62:5 71:15 83:9 84:10 87:25 92:12 101:13 111:4 118:23 121:9 observe [i2] 71:17,22 72:5,10,13.22 73:11 74:1 75:6 127:21,23 129:14 oral [2] 1:13 10:23 orderp] 58:6 85:25 ordered [i] 7:16 organization [2] 96.5,6 organized p] 34:23.24 37:10 56:2,3 66:22 80:8 115:6 117:13,21 118:5 124:6,15 125:3,5 126:20 128:6 particularly [i] 63:10 parties [to] 4:4,6.15.17 pick[l] 75:1 piece [3] 73:17 74:5 81:18 pipe [22] 20:2 36:9 37:15 48:14 50:15 53:1.8,11.15 54:3 64:9.13.25 65:6,10 65:14 71:20 90:2 92:3.6 nod[l) 10:23 nonasbestos [i] 119:20 nonresponsive [12] observed [i7] 51:1.9.12 original [6] 6:12 12:22 4:19 5:2 140:18,25 141:6 52:13 53:13 55:12.21 56:9 72:2 75:9 98:20.21 122:18 126:23 127:9,16 128:3 86:21 93:24 112:15 141:2 originally [3] 11:1 43:20 142:1 parts [l] 17:8 92:19 96:24 pipefitter [3] 35:16 54:7 64:19 52:7 90:4 91:14 93:14 94:10 101:18 103:18 obviously[4] 21:6 75:18 138:4 88:10 129:10 OSHApS] 59:11,14,21 partyp] 12:14,15,17 27:19 87:15 pipefitters [6] 35:13 36:8 49:23 64:22,23 65:2 109:7 110:11 112:19 115:18 116:19 north[i] 32:12 Notary [3) 4:21 137:20 occasion^] 122:16 123:16 occasions [7] 51:7 55.13 55:20 56:5,15,17 65:9 61:18 67:16 68:22 69:16 70:24 95:20 107:17 108:2 108:5 109:12 114:5,8 otherwise [i] 87:5 pass [3] 122:2 132:18 136:11 past[l] 99:21 pending [i] 6:22 pipefitting [3] 6415 65:5,16 pipes [5] 36:11 46:17 48:4 64:8 122:11 138:23 noted [i) 140:16 nothing [i] 139.10 notice [) 1:24 3:16 6:18 7:12,15 52:14 notify [i) 88:7 now [18) 6:5 31:9 35:2 36:5 48:7 49:15 56:16 occurp] 122:15 123:4 occurred [i] 139:14 off [18} 32:11 75:19 76:2 76:5 81:24 82:3,4 93:11 93:11,23 94:20,22 105:3 111:9 114:2 124:7,19 136:18 offering m 4:10 outside [l] 124:8 overall [4] 17:9 38:4 77:10 84:1 overbroad [55] 20:6.21 22:16 23:5 28:15 29:18 30:9 37:17 41:4 48:17 51:21 52:19 53:18 54:13 57:6 59:4 60:13 61:2 62:23 63:22 66:20 67:25 pension pi 99:12,15 people[23] 17:23,24 18:1 18:2 40:15,16 50:7 53:9 53:10,15 54:4 64:1,9,13 64:25 88:6,7,9.12 114:6 116:15 130:6 132:7 perpj 4:3 20:12 53:11 percentp] 128:16 129:4 piping [27] 17:12,16.25 18:2.3 19:2 20:11 21:10 22:3 35:18.21 36:6.7 46:12 47:3.9,16 48:14 50:15 51:4 53:7,8,9,10,14 64:17 96:24 pits [1] 133:25 Pittsburgh-Coming [4] 2:21 9:6 133:13 I i | 62:11 75:21 80:7 84:14 Office [10] 25:8,23 59:22 85:7 91:2 92:14,25 108:21 59:25 107:24 128:13,16 111:7 117:13 129:5 139:19 142:2 68:23 69:9,24 70:18 71:8 percentage [5] 15:19 72:16 74:7 80:16 83:3.21 22:9 23:13 128:12,24 85:2,16 86:12 87:11 90:14 perfectly pj 96:19 141:24 place [9] 26:5 51:14 56:5 57:1 79:12,16 81:4 98:11 number^) 34 16 42:17 43:22 46:3 55:13 56:5,15 109:22 118:10 numbered [l] 1:15 officer [1] 140:22 Offices [4] 1:19 2:3 141:4 141:8 official [1] 87:22 91:21 93:8 94:15 95:10 96:17 98:5 101:7 102:25 103:4 106:1,16.24 110:5 117:9 118:23 119:10 121:11 129:22 performed [4] 7:19 43:12 95:13 120:2 performing p] 123:17 124:9,22 117:15 places [3] 51:10.17 132:6 plaintiffs [6] 1:2.15 2:5 8:19 140:3 141:10 -O- O [6] 9:13 122:4 125:17 126:17 133:4 138:1 object [75] 20:5 22:13,15 23:4 28:14 30:8 31:2 offshore [2] 14:15 15:20 often [l] 37:15 old [I] 9:23 older m 48:4 once p) 130:10,12 Overhead [i] 19:23 overridden [i] 55:8 overriding [i] 77:10 perhaps [3] 25:25 57:2 107:21 period [25] 13:9 15:23 23:7 35:17 37:14,21,25 oversized [i] 38:6 38:12 39:12 46:7 51:23 Owens-Corning [3] 1:4 54:15 57:7 60:15 63:9 72:18 79:1 85:18 90:15 plans [1] 67:2 plant [28] 7:22 26:25 30:7 30:17,18 32:7 48:10 59:17 66:21 72:19 79:20 82:11 88:23 95:14.15 108:23 109:1,2,11 120:3 122:12 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page 6 Gonzales Group Taken on September 23,1997 Multi-PageTM plate - restriction RAYMOND MILLER 123:7.18 129:15 133:15 primarily [3] 14.15 16:24 17:2 19:18 20:14 receive [3] 99:12,16 rephrase [4] 56:11 89:14 134:14 135:5.25 45:18 49:14 40:14,15 58:22 61:19 104:2 101:25 112:7 plate [3i 126:1.1.6 primary [i] 132:15 putting [7] 40:25 64:8.16 received m 99:21 115:4 report [2] 30:2.11 platforms [2j 14:15 PrO[i] 140:16 71:19 89:4 102:15 111:23 receiving [ij 115 9 reporter[20] i:i8 6:13 15:20 problem [i] 127:15 Pyle [5] 27:19 28:2 29:5 recent [i] 57:1 9:11 29:2.24 31:1 50:24 Plaza [2] 2:14 141:17 procedure^] 1:22 72:23 29:9.15 pleasure [l] 75:20 94:22 117:2 Pyle'S [4] 27:24 28:4,8 28:11 plot (2) 30:19.21 procedures [l] 82:18 point [7] 27:5 32:17 38:20 proceedings [2] 61 Pyles' [1] 27:24 recently [i] 100:22 recess [2] 76:6 105:4 recognized [2] 92:18.20 recollection [i4] 52:24 61:12 70:2 79:8 84:9 .89:20 102:5 103:22 112:11 120:9.15 121:22 139:5 140:12 Reporter's [l] 313 38:22 89:23 130:4.7 policies [2) 82:15.18 139:17 process [33] 18:10.21.23 -o- 56:4.6.8,14.25 58:4 78:25 Reporting [3] 8:14 114:19 115:2.24 117:22 139:23 140:20 policy [25] 69:15 70:4.6 70:16 71:3 82:21 83:12 83:19 84:15.23 85:9,14 85:20 86:19 87:9.22 88:11 19 2.5.8 20:4.12,18 21:8 24 13 39 6 51:2.9.12.19 52 13 55 12.21 56:9.15 58 17 66 16 71:18 72:2.6 qualified[i) 531 quantify [i] 110:15 quantifying[i] lll:3 119:3 126:6 representing [2] 25:16 record [33] 6:6 8:5.17 9:3 26:18 29:1.23 30:25 50:23 61:11 70:1 76:3,5.8 79:7 81:25 request [2] 7:4 100:11 90:9 91:1,8 93:2.16,18.19 72 11,13 74:14.23 75:7.9 quantities [i] 33:11 82:3.5.7 84:8 89:19 102:4 requested [is] 28 25 120:19 128:2 questions m 10:17 103:21 105:3.6 112:10^ 29:22 30:24 50:22 61:10 polyethylene [2j 114:11 produced[3] 1:14 51:19 92:14 112:3 122:8 125:13 116:1 93:1 126:11 132:20 133:9 portion [2i 14:4 18:9 producing [2] 6:16 21:12 139:7 22:2.3.7 23:2 28:25 29:22 product]*] 21:13 37:2 Quite [l] 77:3 120:8,14 121:21 136:18 137:6 140:13 141:6,6 rectangle [2] 38:9.10 reference [3] 4:25 54:16 69:25 79:6 84:7 89:18 102:3 103:20 112:9 120:7 120:13 121:20 require^] 115:25 118:15 30:24 43:23 44:14,19 133:12 134:13 135:5,11 69:7 required [4] 82:14.21 45:19 50:22 52:7 61:10 135:24 136:8 -R- referring [ij 125:22 115:9 140:1 69:25 79:6 84:7 89:18 products [7] 37:4.7 92:13 102:3 103:20 133:18,21,23 134:2.5 110:11 112:9,19 120:7.13 121:20 profit [2] 19:17.20 position [10] 12:12 13:22 program^] 71:3 94:1,2 R [12] 2:1,13.21 4:1 9:7 126:17 133:19.23 138:1.1 141:16,24 railroad [i] 43:24 refineries [i] 15:7 refusal [l] 140:23 regard [i] 90:22 regular [2] 33:21 130:25 requirement [4] 84:15 93:3 99:15 101:15 requirements [8] 4:24 59:11,14 95:21 96:9 108:1 118:25 139:12 13:25 14:6 44:6 85:25 progress [i] 126.24 raise [i] 62:15 regulations [i9] 61:25 reserve^] 125:12 126:12 86:4.11 101:2,19 possession [l] 27:13 possible [5] 40:13 85:10 87:16 93:4 130:11 possibly [2] 36:4 77:3 potential [io] 28:8,12 87:24 89:7 90:10 105:23 106:7 120:16,20 127:15 potentially [i] 87:7 power [2] 73:12 74:5 practically [i] 123 22 project [27] 16:19 19:20 21:9.23.25,25 24:9,13.16 33:13 38:11,15 39:6,6,13 40:16 44:7 56:3 57:3 raised [2] 11:2,3 range [2] 22:14 34:16 Ratam 140:16 69:16 70:4,17,17.21,23 70:24 71:4.11,13 107:18 108:2,6 109:12 115:25 118:15 119:1,4 residential [ij 12:7 resides [ij 100:23 respect[26] 24:16 43:16 96:12 108:8 114:22 115:4 125:21 126:4 128:6 129:25 projects [22] 14:24.24 15:1 22:7,8 23:23.24 24:3 rather [2] 10:23 65:1 Ray [2] 9:21,22 reinforcing [2] 14:22 15:15 Raymond[i6] 1:9,13 3:3 relate [i] 17:2 6:6 8:6 9:9,18,21 137:3 137:10.14 138:3.17,21 related[l2] 14:21,22 15:2 50:13 51:18 54:20.22 66:20 83:18 85:10 88:2 89:12 94:4 101:11 102:23 103:12.13 110:1 115:21 117:21 121:14 123:23 41:2 42:18 43:13,13 44:16 139:7 140:9 66:25 67:1 80:5,20 81:5 Re-Examination [ij 98:11.12 128:20 129:8 3:8 15:20 16:13 18:13,14,19 19:19 27:12 43:22 64:16 relating [2] 54:17 95:12 124:15 125:21 126:20 130:14.20 respective [2] 4:5,17 practice [i] 7:11 practices [i] 7.9 precautions [3] 118:10 118:16 124:5 predicate [l] 81:23 premise [i] 84:1 preparation [2] 24:21 140:15 proper [5] 118:20 119:7 120:19 121:5,24 properly [i] 140:21 propounded [i] 139:7 protecting [i] 95:7 protection [i6] 55:15 56:10.17,25 57:19,22 58:1 58:5.10 72:24 73:2,4 95:2 104:4,16,22 read [35] 5:8 6:8 28:20,23 29:1,21,23 30:23.25 50:21 50:23 61:8,11 69:21 70:1 79:4,7 84:4,5,8 89:16.19 102:1,4 103:18.21 112:6 112:10 120:5,8.10,14 121:18.21 137:4 really [12] 14:7 23:20 32:16 37:22 45:8 47:6 relative [*] 6:17 7:7.17 7:18 85:19 90:16 103:3 113:19 relevant [9] 27:9 51 23 57:7 72:18 90:15 103:2 113:18 119:11 121:13 relocation [i] 32:10 remain [i] 15:24 remember [6] 28:6 respiratory [i4] 55:15 56:10.17 57:19.22 58:1,5 72:23 73:2 95:2 104:4.4 104:15.21 response^] 10.23 91:10 122:7 139:6 responsibilities [6] 33:8 43:18 49:12 50:13 82:9 130:16 Prepares [l] 14:13 present [7] 2:24 4:13,18 6:25 8:2 135:15 140:18 presumably [l] 129:17 presume [i] 17:13 presuming [2] 21:6,7 pretty [2] 44:12 128:24 prevent [i] 124:8 prevented [2j 124:20.23 previous [2] 62:19 113:5 previously [3] 55:5 112:22 121:17 price [4] 21:22 42:15.16 45:13 prices [i] 16.16 protective [2] 101:3 103:11 provide [4] 17:14 83:14 85:21 112:21 provided [4] 76:11 81:9 113:11,21 Public [3] 4:21 137:20 138:23 purpose^] 104:13 124:25 125:6 purposes [3] 17:15 116:7 116:21 pursuant [4] 1:23 6:16 139:12 141:5 put [U] 13:10 16:18.22 75:12 86:14,20 94:6 96:20 108:18 reask [3] 56:11 112:7 120:4 reason [io] 10:18 22:1 58:14 108:5 132:2,2 133:22 135:4,14 140:23 reasonably [7j 51:22 57:7 72:17 90:14 103:1 113:17 121:12 reasons [3] 58:15 88:11 141:2 rebar[4j 18:17.21 21:11 50:7 rebuilt [i] 126:1 recalled [i] 117:14 113:23 114:3.16 125:25 responsibility [ii] 126:5 82:24 83:7,14,19 84:1 removal [6] 51:2 54:11 54:25 64:2 123:17 125:21 87:9 88:5 98:16,17 130:20 132:15 remove [i] 121:6 responsible [S] 83:4 84:18 86:23 94:1.2 removed [i] 114:15 responsive [i] 7:3 removing [2] 89:22 122:10 responsiveness [i] 4:9 repair-type [i] 80:3 . rest [l] 126:12 restate [l] 122:25 repeat [9] 20:7 21:2 28:18 29:7,20 50:19 55:7 69:19 restricted [ii] 51:22 135:22 54:15 57:6 60:14 72:17 85:17 90:15 103:1 113:17 repetitious [7] 93:22 101:24 103:25 106:15 119:11 121:13 110:23 115:11 117:16 restriction [2j 124.15 124:16 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page Gonzales Group Taken on September 23, 1997 Multi-PageT restrictions - superintendent RAYMOND MILLER restrictions [3] 61:19 54:23 55:14 56:9 57:18 124:18 125:1 59:13 63:17 64:10 65:4 result [3) 113:5 118:9 127:8 results [2] 105:9 107:2 retained m 140:24 65:11,15,24 66:4,16 67:8 67:17 68:8,9.20 69:1.15 70:15 71:5,12.13 76:10 82:10.15.17.20.24 83:4.5 83:6.13,16.25 84:15.20 retire [2] 99:7 100:8 85:24 86:3,8.23 87:6.20 retirement [4] 99:16.22 100:4.9 return [3] 4:25 140:19.20 returned [4] 4:22 140:21 140:22.24 88:18.18 89:2.6 90:6 91:1 91:8.17 93:1.2.25 95:1,7 95:13 96:6.11.22 98:17 99:1.8,13.14.17.22 100:13 100:20 102:19 103:11 105:8 108:1.5 109:10.23 review (4) 26:23 27:1 110:14 113:10 115:3.7 30:2 76:10 117:22 118:5 120:3 122:9 reviewed[4) 24:15.18 26:25 27:9 123:7,16 124:9.22 127:8 129:15 141:15 Richardson [2) 109:15 Root's [17] 25:23 30:5 109:19 47:2 70:3,6,21 71:2 83:24 ridiculous [l] 111:23 85:9,20.21 86:11.24 87:8 87:22 90:9 101:15 right [1531 7:23 9:21.23 rope [2] 94:20 102:16 11:5.16 12:3.9 13:17 14:5 15:17,18 20:1 21:19 25:4 roped [5] 93:11,11,23 25:10.14 26:21 27:1 31:15 124:7.19 32:13,23 33:14 34:22,22 roping [l] 94:22 36:8 37:3 38:10 39:12 40:5,14.21 41:21.25 42:4 42:17,21 43:2,7.10,25 44:8.13 45:14.25 46:6 48:6.23 49:3 51:6 52:6 RULE[i] 4:3 Rules [3] 1:22 4:24 139:13 runsp) 12:19 53:25 54:8 55:6,19,24 57:11.25 58:21 59:9,12 59:16 62:11.25 63:16 64:13,24 65:4,13.18.24 67:7 68:5,19 69:13 70:5 -S- S [2] 2:1 4:1 safe [7] 83:14,14 84:16 70:10.14.22 72:5.21 73:11 84:23 85:21 88:6 119:6 74:17,21 75:2,6 76:20.25 77:4 78:10.15 79:10,15 79:21 80:11 81:8 84:14 85:4.7 86:3.7 87:17 88:10 88:14,25 92:11.21 93:12 94:25 95:5.19.24 97:10 97:25 98:14 99:5,16 100:10.12.25 102:14 103:16 104:23 105:7,17 112:17.25 114:13.21.25 115:2,16.25 117:13.20 118:13 119:2 128:17,23 safety [41] 7:8.10 59:15 59:16,19 61:16 69:2,6 70:17,21 71:3 82:11,15 82:18 83:5,7 84:2,19 87:4 94:1,4,12 95:5 96:5.5,6,6 96:9,14 98:16,25 101.1 101:10.20,21 102:10,12 102:23 103:13 105:9 109:17 sample [l] 124:1 sampling [i] 107:3 129:4 130:5 131:5.8.10 San [3] 11:3,19 139:23 131:17 132:5.12,17.25 saw [10] 57:1 72:8 73:12 134:5 135:3.11 136:3,11 73:12,16,20,21 74:2,2 rip [4[ 51:3 52:13 53:13 105:21 57:19 sawing [i] 72:11 road[i] 12:23 sawsp] 74.25 roads [i] 15:12 schedule [i] 75:19 rod [31 49:21 50:5.6 school [4] 11:8,15,17,22 rolling [i] 39:18 roof[i] 135:1 Scope [4] 20:22 22:17 23:6 66:22 Root [1391 2:11 6:15,19 Se[l] 53:11 6:23 7:19.20 8:23 12:11 13:5,11,18 16:6,11.23 17:13 18:22 19:18 20:19 21:13 23:16,21 24:25 SEAL [2] 139:19 142:2 sealing [i] 133:24 second [3] 7:6 26:11,14 25:16.25.25 26:12,18 section [i] 17:20 27:12,18 29:17 32:5 33:14 security [2] 40:16.18 33:20 34:17,23 35:9,12 see[i2] 6:11 10:1 11:5 35:16 40:6.15.22 41:22 43:11 48:7,13 52:25 54:9 38:10 39:1 49:20 51:13 72:6 77:5 97:9 105:10 skill [l] 13:4 Starting [5] 22:24 24:25 106:6 slide [l] 73:18 32:15 33:5 44:6 seeing [4] 51:14 56:14 small [21 11:24 12:6 state [12] 1:18,219:3 78:14 98:23 seem[2j 108:17.17 someone [g] 18:22 19.1 19:4 25:7 98:21 101:1 61:24 71:4.13 137:1.21 138:19.23 139:1.5 segregated [l] 124:7 107:21 114:1 statement [i4] 21 15 send[i] 6:9 senior [2] 9S:25 108:7 somewhere [4] 26:17 32:21 33:25 34:21 60:17 86:21 93:24 101:22 102:7 112:15 115:23 117:10 135:6.8.9.10 136:9 sense [15] 20:19 22:6.11 sorry [16] 12:3 14:17 23:1 33:18 34:15 35:20 30:12.16.20 36:25 44:19 43:2.17 44:15 55:19 100:7 46:15 58:12 79:3 100.17 statements [l] 68 14 Statutes [i] 4:24 121:12 128:12.23 108:16 114:18 127:12 steam [12] 36:6,9.11 separate [3] 17:19 52:15 132:21.24 78:9 sort [7] 21:6 48:15.56:10 37:14 46:12.16 47:2 48:4 48:14 50:14 51:3 53:14 September [4] 1:16 8:10 139:20 140:9 served [l] 142: l 58:16 75:3 99:17 124:14 sounds [2] 109:16 131:17 source [l] 61:14 Steel [25] 7:22 14:22 15:4 15:15.1'5 23:24.25 32:8 35:17 39:18 51:10.25 52:3 52:5.12 54:18 66:21 72:19 Services [3] 8:15 139:23 South [4] 2:4 11:4 141:4 76:19 95:14 107:10 120:3 140:20 141:8 122:12 123:7.18 set [3] 1:23 7:11 16:15 Seventies [2i] 45:6 46:2 47:1 59:8 60:2 62:13 63:1 63:3 68:7,22 74:20,22 speak [4] 10:4,4 35:2 98:15 speaking [4] 23:8 41:9.9 103:6 Step[l] 91:24 Still [10] 13:21 23:25 27:12 32:4.25 48:7 79:12 100:13.20 114:24 94:7 95:8 97:8,9,10 98:12 specific [18] 7:5 70:23 stipulations [l] 123 101:4 104:7 131:20 80:19 81:4,5 86:19 93:20 several[4] 7:3 99:2 132:3 95:11,12.20 97:5 98:2,10 133:9 103:2 107:2 114:13 shaken] 10:23 118:19 120:1 shall [i] 4:17 specifically [7] 72:1 91:2 98:19 105:18 110:7 Stop [l] 132:13 Street [4] 1:20 2:9 8:13 141:13 structural [2] 15:14.15 structure^] 96 5.6 sheet[ij 141:1 116:3 127:6 Structures [3] 42:23.25 sheets [i] 6:10 specifications [3] 114:5 44:22 Sheffield [2] 23:25 30:6 114:6,7 studies [l] 106:12 short [l] 81:25 specifics [i] 105.20 styled [i] 1:15 Shorthand [3] 1:18 139:4 140:12 shown [1] 142:1 specified [i] 66:13 speculate [3] 111:12 134:11,22 Sub[l] 23:12 subcontract [5] 188 20:13.23 21:1 65:25 side[l] 32:12 sidebar [i] 112:4 Sign [3] 6:8 140:19,23 signature [6] 3:11 4:25 6:10 140:1,17,17 signed [3] 4:21 5:4,8 significant [3] 46:3 63:18 74:3 speculation [i4] 36 22 58:19 59:2 61:2 69:18 101:18 110:19 111:14 112:13 123:9.21 134:16 135:19 136:1 speculative [29] 28:16 29.19 36:20 39:24 40:10 48:17 49:7 50:17 60:13 63:23 66:8,19 67:12 68:1 subcontracted [2] 20 2 23:3 subcontractor [i] 66 5 subcontractor's [i] 71:19 subcontractors [8] 43:22 45:23 52:23 64:12 65:7.14 94:8 97:14 significantly [2] 64:4 74:4 Similarly [i] 10:22 sit [2] 55:25 98:9 site [4] 31:16 132:13 134:7 135:15 sites [1] 71:12 sitting [1] 109:21 situation [6] 86:19 87:9 106:22 127:7,8,15 Sixties [20] 31:24 32:24 33:3,7,19,25 34:14 35:4,5 69:24 74:7 87:11 98:5 101:6 102:25 104:24 105:24 106:23 107:5 108:11 111:5,17 113:17 127:19 speed [l] 74:12 spell [l] 47:14 spend[i] 131:18 spent [2] 128:13 129:5 spoken [2] 25:4,7 stand [2] 4:149.19 standard [i] 118:20 submitted [2] 140.17,18 SUBSCRIBED [2] 137:14 138:20 substance [3] 37.25 60:19 02:12 Such [2] 77:18 92:6 SUck[l] 75:3 sufficient [l] 38:22 suggest [l] 75:13 suitfl] 27:19 Suite [4] 2:4 139:23 141:4 141:8 38:13 39:5 45:6 46:2 47:1 standpoint [i] 100:7 57:20 71:24 74:19 77:20 Start [9] 12:13 33:19 77:23 128:11 39:14 58:12 63:2 70:9 Sum [4] 22:21 45:15 47:23 99:24 superintendent [is] size[i] 38:7 75:15 118:3 128:10 33:4 43:8,19,20 44:1.13 sizes [i] 38:4 Started[5] 15:18 22:20 44:20 45:5 47:17 97:9 sketch [i] 33:8 38:17,18 70:10 99:1 108:8 114:23.24 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page Gonzales Group Taken on September 23, 1997 Multi-Page supervision - X RAYMOND MILLER 128:19 supervision [2] 48:1 50:3 supervisor [l] 98:25 supervisors p] 82:20 87:23 93:17 supervisory [2] 47:20 63:20 supposed [l] 111:25 surrounding [i] 8913 surveys 12:19.21 30:2 30:10 surveying [2] 131.25 surveyor [i] 13:7 surveys [i] 12:22 sworn [SJ 9:11 137:14 138:20 139:9.140:14 systemtij 99:15 -T- T [6] 4:1 9:13 122:4 125:17 126:17 133:4 takeoffs [l] 16:16 taking[2] 98:21 139:18 taped [1] 114:12 taught [l] 104:22 Taxable [4] 141:10.15 141:20.25 tear [4] 51:2 52:13 53:13 64:2 tear-out [l] 118:6 tearing [i] 118:2 telephone [4] 2:18 9:6 25:5 141:21 telling [6] 41:15.16 81:8 93:16 105:18 107:2 tens [l] 36:2 term [4] 30:16 35:4 115:23 126:5 terminology m 73:22 terms [12] 7:4 20:22 34:6 38:4 40:25 41:1 64:7 76:14 79:22.24 125:2 128:14 test[i] 119:21 tested [3] 114:6 120:17 120:21 testified [6] 9:11 68:6 93:22 94:18 122:8 124:6 testify [i] 139:10 testifying [3] 4:13 92:5 110:20 testimony [i7] 20:10 24:21 40:11 91:22 107:7 110:24 111:6,19 117:10 117:18 126:23 129:24 131:25 137:6 138:4 140:13 141:6 testing [3] 117:23 118:3 119:8 Texas [28] 1:3.18.20.21 1:22 2:4.8,9,14.19 8:13 11:3,4 12:1,2 61:24 137:1 true [7] 39:8 46:6 60:6 vague [42] 20:22 22:16 103:5,17,23 104:2 105:7 138:19 139:1,5,24 140:4 97:7 137:5 139:16 140:13 28:15 29:19 37:17 41:5 106:5,19 107:1,9 108:13 141:5.9.12.13.18,22 truth [3] 139:10.10.11 Thank [l] 55:11 thereafter[i] 4:22 try [5] 39:1 60:5 86:4 111:11 130:10 therefore [5j 80:25 90:17 trying [5] 22:10 56:13 91:23 124:20 141:2 81:3 113:25.25 51:21 52:19 53:18 54:14 57:6 59:4 60:13 62:2.21 62:23 63:22 66:20 68:1 68:24 69:10 70:19 71:9 72:16 80:16 83:3.22 85:2 85:16 86:13 87:11 90:14 109:6,8 110:10.12,25 111:8.21 112:5.14.18.20 113:14.22 115:16.17.19 116:18,20 117:11.20 119:2.12,18 120:5.18 121:2,4,14,18.24 122:2 thereof [2l 5:6 141:3 turn [l] 132:22 95:10 96:17 102:25 106:1 122:14,17,19 123:1.8.20 thereto [2] 4:4 HO: 15 turnkey [3] 21:23.24 22:8 106:16 110:5 117:6 124:12 125:2 126:3.14.19 thermal [21] 20:11 36:17 37:14 46:11 51:3 53:14 54:25 58:24 60:7.24 61:4 62:20 63:13.19 64:2 71:19 two [8] 26:10,16,16 95:16 97:23 98:18 102:21 133:8 type [21] 14:14 53:5 54:7 57:23.25 72:23 73:4.12 118:18,23 119:14 Van [2] 2:19 141:22 varied [2] 33:22 38:7 varies [l] 23:14 127:22 130:2 132:5.18.21 132:25 134:15.21 135:18 136:1.15 141:4,4.7.8 Waters'll] 122:8 91:18 92:1.2.6.19 73:16,20 74:2 77:12,13 variefy(i] 43:12 ' wear[2j 57:10.25 third [l] 7:6 Thompson^] 100:13 100:15 78:24 90:7 95:1.2 116:1 116:21 117:22 132:10 types [6] 14:24,24 15:9 vastfi] 129:6 ventilation [i] 75:3 wearing [7] 56:10 58:5 58:10.15 72:23 73:1.5 week [2] 130:8 131:14 thousands [2] 35:24 36:2 76:15 98:11 113:8 venture [i] 112:12 weekly[2] 129:17 131:1 three [9] 26:7 31:22.23 typically[2] 36:16 74:14 versus [i] 8.8 weeks [l] 26:7 32:2,20,24 57:15 79:1,11 via[2] 2:18 141:21 welding [i] 64.14 three-year[i] 34:13 -U- through [9] 4:4,7.20 5:3 U [2] 11:13 138:1 40:3,8 77:20 81:18 114:5 ultimately [1] 115:4 throughout [6] 42:4 46:1 78:25 80:21 97:6 129:15 unable [i] 72:1 thumbnail [i] 33:7 undergo] 18:5,7.8 20:11 20:13 50:3 78:3 119:18 vicinity [8] 46:12 58:1 84:17,22 86:10 90:9 93:4 West [2] 2:19 141:22 95:3 wherever [1] 32:24 video [l] 55:9 whole [6] 34:8 41:11 42:4 Videographerno] 2:24 45:3 110:2 139:10 8:4,13 76:4,7 82:2,6 105:2 width [l] 38:5 105:5 136:17 Willy [4] 47:11,13 97:2,3 times [7] 27:2 57:1 111:13,13,13.20 130:11 title [2] 32:14,18 today [11] 7:1 24:19.20 25:1,3,5.8 27:10 76:11 98:10 109:22 Today's [1] 8:10 together [7] 16:18,22.24 17:2 26:24 137:5 141:3 139:19 142:2 undersigned [1] 138:21 understand [is] 10:17 10:19 25:15 27:4 56:14 58:22,23 61:18.23 81:3 104:15 106:9 108:19 112:20 120:11 understood [2] 83:13 84:20 videotaped [4j 1:8,l 3 8:6 140:9 view[i] 89:23 visible [4] 51:19 72:14 105:22 106:21 visit [i] 31:6 VOlumC[2] 23:13 74:10 voluntarily [i] 6:20 wind[i] 14:8 wish[l] 138:3 within [3] 15:10 64:10 124:21 witness [3i] 1:14 3 3 4:12,13 5:8 9:10 10:5.8 28:24 75:17.21 89:14.17 111:22 120:10 121:19 122:2 123:10 132:18 tOO[i] 49:22 Unibestos[2] 136:4.7 VS [2] 1:3 140:4 136:12 138:21 139:8,9 took [8] 18:1 32:20 56:5 unit [4] 16:16 45:13 114:2 103:11 114:2,11 117:15 114:20 -w- 140:13.14.17,18,19.21.23 141:2 118:9 top [2] 19:18 111:9 total [6] 23:13 26:17,19 39:13 77:21 110:8 towards [l] 73:18 Tower[S] 1:20 2:8.19 141:12,22 tOwn[l] 32:1-2 toxic [2] 60:19,22 trade [l] 13:1 trained [3] 54:3,6.6 training [4] 104:3.10.14 104:21 transcript [9] 139:17 140:13,15,16,18,20,21,22 141:2 transferred [1] 16:5 Travis [4] 1:20 2:9 8:12 141:13 trial [6] 4:11,23 5:6 27:21 125:14 126:13 Triple [3] 65:17 66:1 97:17 trouble [i] 21:3 University [i] 11:12 W[7] 2:21 9:7 131:4,5 witness'[2] 3:11 111:24 unless [2] 88:14 100:21 133:19,23 141:24 words [7] 20:14 58:13 unsafe [4] 83:1 87:7 88:13,17 unsigned [1] 140:23 unusual [i] 131:18 wait[2] 10:16 122:20 waived [l] 140:18 walked [2] 40:3,8 Waters [184] 2:3,3 3:5,8 75:2 106:5 111:23 123:15 123:19 wore [2] 55:14 57:18 worked [7] 11:24 45:23 54:23 62:18 86:5 97:5 up [2i] 10:4.4 14:8 32:19 6:12 7:1,2,8,14.23 8:2,18 110:14 33:6,11 38:16 40:14,15 44:14.20 45:5 58:13 67:2 67:4.6 75:1 79:20 102:15 108:21 126:15 USA[i] 8:23 used [22] 4:22 5:6 17:6 30:15 37:5 38:21 56:18 56:25 66:6,14 76:18 94:13 101:3 107:15 126:5 133:14,24 134:6,13 135:1 135:25 136:8 8:18 9:15 10:9 20:9,24 22:14,19 23:8,15,22 25:14 28:17,20 29:4,13 30:1,14 30:18,20 31:6 35:24 37:20 40:1.12 41:8 45:1,4,10 workers [16] 53:8 58:5 58:15 64:3 82:22 85:11 90:8,10 93:3 95:7 116:10 116:13.24 121:6 124:8,9 48:20 49:10 50:20 51:1 workload [1] 33:22 51:24 52:6,11,21 53:20 workplace^] 62:1 S3:1 54:19 55:6 57:8 58:21 83:14 84:16,23 98:21 59:7 60:16 61:6,8,14 62:9 62:25 63:25 66:12,24 67:15 68:2,16 69:1,13,20 70:5,22 71:10,17 72:21 works [l] 48.7 worry [i] 52 9 wrong [2] 30:15 100:19 using [6] 64:25 73:12,13 74:11 75:13 76:1,9 79:4 wrote [i] 100:19 74:1,23 123:19 79:10 80:18 81:2 82:1,8 utilized [i] 116:2 utilizing [2] 39:15 64:7 83:6,11 84:3,11 85:4,13 -X- 85:24 86:16 87:17 88:4 89:16 90:3,5,19 91:13,15 X [6] 3:1 9:13 122:4 -V- 91:24 92:14 93:9,13,15 94:3,9,11,21 95:16 96:18 125:17 126:17 133:4 V [2] 2:7 141:11 98:9 101:9,17,19 102:1.8 11 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page c NO. 95-04-1728-D MANUEL P. GONZALES, ET AL., Plaintiffs, V. OWENS-CORNING FIBERGLAS, CORP., ET AL., Defendants . IN THE DISTRICT COURT CAMERON COUNTY, TEXAS 103rd JUDICIAL DISTRICT PLAINTIFF'S AMENDED NOTICE OF INTENT TO TAKE VIDEOTAPED DEPOSITIONS OF DEFENDANTS BROWN & ROOT. INC. AND BROWN & ROOT USA. INC. TO ALL DEFENDANTS AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that, pursuant to the Texas Rules of Civil Procedure, Plaintiff will take the videotaped depositions of the employees as well as designated agent/employees/representatives of Defendants Brown & Root, Inc. and Brown & Root, USA, Inc. as follows: 1. Raymond Miller, 1251 Wilcrest, Suite 190, Houston, Texas 713/455-9511 Tuesday, September 23, 1997 at 9:30 a.m. 2. Steve Hodges, - Brown & Root, Inc., 4100 Clinton Drive, Houston, Texas 713/676-3011 Tuesday, September 23, 1997 at 11:30 a.m. 3. Tony Crestani, Halliburton, 5151 San Felipe, Houston, Texas 717/624-3344 Tuesday, September 23, 1997 at :30 a.m. 4. Steve Sellers, Halliburton, P. O. Box 42800, Houston, Texas 281/596-5488 Tuesday, September 23, 1997 at 4 p.m. -- TWvtjJUjQ 3:30 5. Dale Drysdale, Brown & Root, Inc., 4100 Clinton Drive, Houston, Texas 713/676-3011 - Thursday, September 25,1997 at 9:30 a.m. 7. Delbert Ray Gaines, Brown & Root, Inc., 4100 Clinton Drive, Houston, Texas 713/676-3011 - Thursday, September 25,1997 at 11:30 a.m. AMENDED DEPO NOTICE D:\MANUFACTURER\GONZALES\PYLE\NOTICES\AMENDED BROWN & ROOT DEPOS 8. Raymond Heit, Brown & Root, Inc., 4100 Clinton Drive, Houston, Texas 713/676-3011 - Thursday, September 25, 1997 at 1:30 p.m. 9. Pete Johnson, 1212 Foley Road, Crosby, Texas 281/328-3984 - Friday, September 26, 1997 at 10:00 a.m. 10. Emil Zerr, 7424 Secretariat, San Antonio, Texas 210/698-9693 - Friday, September 26, 1997 at 1:30 p.m. 11. Orval Bokken, 1522 Imperial Crown, Houston, Texas 713/465-0514 - Friday, September 26, 1997 at 4 p.m. The depositions will take place before a certified court reporter provided by Diana Henjum Ct. Reporters, 5850 San Felipe, Suite 405, Houston, Texas 77057, (713)952-6625. The depositions will take place at the offices of Defendant's counsel, Meredith, Donnell & Abernathy, 6850 Texas Commerce Tower, 600 Travis Street, Houston, Texas 77002. Diana Henjum Ct. Reporters will also provide the videotape technician. The depositions will continue from day to day until completed. The Defendants and the individual witnesses are required to produce the documents listed in the attached Exhibit "A" before the commencement of said depositions at 9:30 a.m., September 23, 1997 at the office of Defendants' counsel. AMENDED DEPO NOTICE D.\MANUFACTURER\GONZALES\PYLE\NOTICES\AMENDED BROWN & ROOT DEPOS Page 2. Respectfully submitted, LAW OFFICES OF ANDREW WATERS OfrsvW-q C. ANDREW WATERS State Bar No. 20911450 L. ANGELYN SCHMID State Bar No. 17764960 400 S. Zang, Suite 500 Dallas, Texas 75208 (214) 941-0532 (214) 941-2345 fax ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE -The undersigned certifies that a true and correct copy of the foregoing document has been served on counsel of record by telecopier this day of September, 1997.. C. ANDREW WATERS AMENDED DEPO NOTICE DAMANUFACTURER\GON'ZALES\PYLE\NOT!CES'AMENDED BROWN & ROOT DEPOS Page 3. EXHIBIT "A 1. Any and all educational materials, to include books, class notes, course outlines, and other materials related to Industrial Health or Safety; . 2. Any and all copies of degrees, certifications, cirricula vitae and/or resumes; 3. Any and all documents reflecting to personal or Brown & Root membership in any Safety or Industrial Hygiene organizations, as well as any publications or other materials provided by those organizations; 4. Any and all seminar materials and/or any publications or other written materials that relate to Industrial Health, Hygiene or Safety; 5. Any and all materials provided to the witnesses by any government entity or employer that relate to Industrial Health, Hygiene or Safety; 6. Any and ail personnel files or materials related to the witnesses' employment with Brown & Root; 7. Any and all materials related to the witnesses' job duties and/or responsibilities while employed by Brown & Root; 8. Any and all materials seen or reviewed v/ith reference to this case or asbestos generally; 9. Any and all written materials specifying, recommending, and/or suggesting that asbestos-containing materials, and/or asbestos-containing products be affixed, applied or otherwise utilized in conjunction with Brown & Root contractor work at the Armco Steel Plant in Houston, Texas. 10. Any documents and\or materials evidencing Brown & Root contracts for the sale, distribution, and\or marketing of asbestos containing materials to Armco Steel in Houston, Texas from 1954 to 1983; 11. Any documents and\or materials evidencing Brown & Root's abatement activities at Armco Steel in Houston, Texas from 1954 to 1983; and 12. Any documents and\or materials evidencing the identity of Brown & Root employees involved in the installation, removal and\or abatement of asbestos containing materials at Armco Steel in Houston, Texas from 1954 to 1983. 13. Any documents and\or materials evidencing the identity of "Brown & Root contracts" for "the identity of Brown & Root employees" involved in the installation, removal and\or abatement of asbestos containing materials at Armco Steel in Houston, Texas from 1954 to 1983. .14. Any and all documents produced at the depositions of Dale Drysdale, Raymond Heit and Delbert Ray Gaines taken on or about September 24, 1996 in the Hodge matter. AMENDED DEPO NOTICE D:\MANUTACTURER\GONZALES\PYLE\NOTICES\AMENDED BROWN & ROOT DEPOS Page 4. LAW OFFICES OF ANDREW WATERS 400 South Zang Blvd., Suite 500 Dallas, Texas 75208 Telephone 214-941-0532 Telecopier 214-941-2345 C. Andrew Waters September 22, 1997 TO ALL COUNSEL OF RECORD: Re: Cause No. 95-04-1728-D; Manuel P. Gonzales, et al v. Owens-Coming Fiberglas Corporation, et al; 103rd Judicial District; Cameron County, Texas; Dear Counsel: Attached please find Plaintiff s Amended Notice of Intent to Take Videotaped Depositions of Defendants Brown & Root, Inc. and Brown & Root USA, Inc. in the abovereferenced matter. If you have any questions or need additional information, please do not hesitate to call. Sincerely, CAW/mrm Attachment cc: Frank Costilla Harding Erwin, Jr. Jerry Kacal William Gault Gary Elliston James Hewitt, Jr. Debra Fitzgerald Lew Miltenberger Patricia Kelly Laura Kugler Diana Henjum Ct. Rptrs. C. Andrew Waters 956-544-3152 713-877-8822 713-529-8161 210-544-0607 214-210-2500 713-222-1707 214-922-4177 817-820-0373 210-428-2954 214-210-2500 713-952-6776 LAW OFFICES OF ANDREW WATERS Attorney at Law 400 South Zang Boulevard, Suite 500 Dallas, Texas 75208 Telephone: 214-941-0532 Facsimile: 214-941-2345 TRANSMITTAL SHEET DATE: September 22, 1997 TO: FROM: Frank Costilla Harding Erwin, Jr. Jerry Kacal William Gault Gary Elliston James Hewitt, Jr. Debra Fitzgerald Lew Miltenberger Patricia Kelly Laura Kugler Diana Henjum Ct. Rptrs. 956-544-3152 713-877-8822 713-529-8161 210-544-0607 214-210-2500 713-222-1707 214-922-4177 817-820-0373 210-428-2954 214-210-2500 713-952-6776 LAW OFFICES OF ANDREW WATERS RE: Cause No. 95-04-1728-D; Manuel Gonzales, et al v. OCF, et al NUMBER OF PAGES INCLUDING TRANSMITTAL SHEET: 6 COMMENTS: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE. IF ANY PART OF THIS TRANSMISSION WAS INCOMPLETE OR IF YOU HAVE ANY QUESTIONS, PLEASE CALL (214) 941-0532. THANK YOU. Ad Hoc Broadcast Report Job Remote station 443 19565443152 443 17138778822 443 17135298161 443 12105440607 443 2102500 443 17132221707 443 9224177 443 18178200373 443 12104282954 443 2102500 443 17139526776 Date and time Machine ID Machine name Page 09/22/97 3:39PM 1 WorkCenter 250 1 Start time Pages Mode Results 9/22/97 2:47PM 6/ 6 BC 3:16PM 6/ 6 iBC 3:19PM 6/ 6 BC 2:51PM i,6 BC 2:54PM 6/ 6 BC 2:57PM 6/ 6 BC 3:00PM 6/ 6 BC 3:04PM 67 6 BC 3:36PM 6/ 6 BC 3:07PM 67 6 BC 3:10PM 6/ 6 BC Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Note: EC=Error Correction 48-4800 BPS RD=Remote Diagnostics CR=Confidential Receive PI=Poli-In P0=Poll-0ut MP=Multi-Poll SA=Subaddress PW=Password BC=Broadcast MB=Mailbox 'iTOA XXYMJ. ICSO-IWlHIlTrVD SSVJIJ SNOI-LSUIlO AW 3AVH IlOA AIMO 3JAUWOONl SVM NOBSIMKVV1U SDU JO HVd AW At 3XOHJ333J. AS AlaiVlaaMlM sn ajuon asvj'u nomn m kouv^imikkod sih.i javh noA Ji 'aaiismoxj anorms si xouvdlsiimwod snu jo NouvNiMassiu aw iVHj. a3uao\ Aaau3H smv no,v `.lnjui.wn tnaxsixi m ion 3hv noA ii ivLLKaauNoaaw aaoj-u.Mnj si avha noiivwmojsi nivjm. avw aw aassinaoY mu. jo asn hhi noa atko <ewn3am si j'jvssaw sou xrxswwoD 9 laaHs iv.uiwswai DNiamoxi saova jo Muni'll in I* P iXI '* I* P -OIT7DOO |>mn,N ai-1^ IP0S6 TTM sim.VAMaMawjos33iiao.ilvi 9Uof9tn-Km*-fiKe UUWOKIt utr:z+n: um-ta-tu axfmtcnt)Ttcr--*attcr OUlCI'U'PKK-UfU T)uafJu9^Miwwrroi irew **i p,**>?>*< t; Vajw omst ga*in4jo rtejMWA 4 "*.! *f***U wom I6M 'Zl "Stnxlis runs, IVillWEWHl iJiVO sst "=i ino DOS ams '(uA^noy Juc/ qnoj ^ *irj v fcuouv SH31VM M3MOMV10 S3DUJO MV1 Ad Hoc Broadcast Pending Job Remote Station 443 19565443152 443 17138778822 443 17135298161 443 12105440607 443 2102500 443 17132221707 443 9224177 443 18178200373 443 12104282954 443 2102500 443 17139526776 Date and time Machine ID Machine name Page Entry Time Pages Type Mode 9/22/97 2:45PM 2:45PM 2:45PM 2:45PM 2:45PM 2:45PM 2:45PM 2:45PM 2:45PM 2:45PM 2:45PM 6 Broadcast 6 Broadcast 6 Broadcast 6 Broadcast 6 Broadcast 6 Broadcast 6 Broadcast 6 Broadcast 6 Broadcast 6 Broadcast 6 Broadcast BC BC BC BC BC BC BC BC BC BC BC 09/22/97 2:47PM 1 WorkCenter 250 1 Start Time 9/22/97 2:47PM Note: EC=Error Correction 48=4800 BPS RD=Remote Diagnostics CR=Confidential Receive PI=Pol1-In P0=Pol1-Out MP=Multi-Poll SA=Subaddress PW=Password BC=Broadcast MB=Mailbox