Document aD4jRJVQDG3zaVx9YDp9JGyNM

V4* W **.tr*4'lWW*t** AAWU 1 0HXTED STATES DISTRICT COURT 2 DISTRICT OF MASSACHUSETTS 3 ALICE L. WARREN, ADMINISTRATRIX ) 4 OF THE ESTATE OF JOHN H. WARREN, ) DECEASED, ) S Plaintiff, ) > $ v. 7 THE DOW CHEMICAL COMPANY, ) i Civil Action ) No, 89-30201-F } 8 THE B.* GOODRICH COMPANY, ) UNION CARBIDE COMPANY, AND > 9 CONTINENTAL OIL COMPANY, ) 10 Defendants, ) ) 11 12 DEPOSITION OF CHARLES A. PRATTS' 13 TAKEN BY KEITH A. MINOFF ON BEHALF OF THE PLAINTIFF 14 MAY 23, 1991 15 16 17 13 19 REPORTED BY LAURA LYNN MURPHY 20 REGISTERED PROFESSIONAL REPORTER - CERTIFICATE OF MERIT CERTIFIED SHORTHAND REPORTER 21 22 23 (314) 231-2202 24 25 RSV0022381 RANKIN REPORTING & LEGAL VIDEO 1 UNITED STATES DISTRICT COURT 2 DISTRICT OP MASSACHUSETTS 3 ALICE L. WARREN, ADMINISTRATRIX ) 4 OP THE ESTATE OP JOHN H. WARREN,) DECEASED, ) S Plaintiff, ) ) 6 v. 7 THE DOW CHEMICAL COMPANY, ) ) Civil Action ) No, 89-30201-F ) a THE B.F. GOODRICH COMPANY, ) UNION CARBIDE COMPANY, AND ) 9 CONTINENTAL OIL COMPANY, ) 10 Defendants, ) ) U 12 DEPOSITION OP CHARLES A. PRATTE, produced, sworn 13 and examined on behalf of the Plaintiff on the 23d day of 14 May, 1991, between the hours of 8 o'clock in the forenoon 15 and 6 o'clock in the afternoon of that day at the offices of 16 MONSANTO CHEMICAL COMPANY, 800 N, Lindbergh Boulevard in the 17 County of St* Louis, State of Missouri, before Laura Lynn 18 Murphy, a Registered Professional Reporter - Certificate of 19 Merit, a Certified Shorthand Reporter and a Notary Public 20 within and for the State of Missouri, in a cause pending 21 wherein Alice L. Warren Is the Plaintiff and The Dow 22 Chemical Company, The B.F. Goodrich Company, Union Carbide 23 Company and Continental Oil Company are the Defendants. 24 25 RANKIN REPORTING 6 LEGAL VIDEO 2 RSV00223 82 1 APPEARANCES 2 3 ROBINSON/ DONOVAN, MADDEN & BARRY, P.C. 1500 Main Street, Suite 1400 4 Post Office Box 15609 Springfield, Massachusetts 01115 5 Bys Keith A, Minoff for the Plaintiff 6 MELICK & PORTER 7 One Joy Street Boston, Massachusetts 02108 8 Byi Robert P. Powers for the Witness 9 HOTTER, MCCLENNER & FISH 10 One International Place Boston, Massachusetts 02110-2699 11 By* Susan L. Parsons 12 MORRISON, MAHONEY & MILLER 13 250 Summer Street Boston, Massachusetts 02210 14 Byt Joseph E* Rend ini for the Defendants Union Carbide Company, The Dow Chemical Company & Conoco t for the DefendantThe B.F, Goodrioh Company 15 16 17 INDEX 18 CHARLES A, PRATTE PAGE NO. 19 DIRECT EXAMINATION BY MR, MINOFF CROSS-EXAMINATION BY MS, PARSONS 20 CROSS-EXAMINATION BY MR, REHDINI REDIRECT EXAMINATION BY MR, MINOFF 21 RECROSS-EXAMINATION BY MS. PARSONS REDIRECT EXAMINATION BY MR. MINOFF 22 4 61 63 66 70 72 23 EXHIBITS 24 PLAINTIFF'S DEPOSITION NO. 25 1 Notice of Taking of Deposition 11 RANKIS REPORTING & LEGAL VIDEO 3 RSV0022383 1 2 Records Management Manual boklet 5/78 17 3 Document Attorney work Productdated910517 20 2 4 Facts with Monsanto booklet 26 5 Document 41 3 5 Group of documents 42 4 5 STIPULATION 6 XT 18 HEREBY STIPULATED AMD AGREED, by and between 7 counsel for the parties that this deposition nay be taken in 8 shorthand by Laura Lynn Murphy# RPR-CM# C8R# and afterwards 9 transcribed into print and signature by the witness is 10 waived. n CHARLES A. PRATTS# 12 of lawful age# being first duly sworn to tell the truth# the 13 whole truth and nothing but the truth# deposes and says in 14 behalf of the Plaintiff# as follows* 15 16 BY MR. MINOFFt DIRECT EXAMINATION 17 Q. Sir# could you please state your full name* 10 A. My name is Charles A. Pratte# Jr. 19 Q. Okay. 20 MS. parsons* Keith# for the record I think we 21 should do stipulations. 22 MR. MlNOFFt Usual stipulations# Counsel? 23 MS. PARSONSt Yea. 24 MR* MIMGPFt Stipulations are that all 25 objections except those as to the form of the question are RANKIN REPORTING & LEGAL VIDEO RSV0022384 I reserved for trial and are not waived by not being made 2 here, the same with regard to motions to strike. And then I 3 guess we should talk about waiving the reading and signing. 4 Bob, 5 MR. POWERS: That`3 fine. 6 MR. MINOFR: Okay, You will agree to waive 7 the reading and signing of the deposition? 8 MR, POWERS: Yes. 9 MR, MINOFF: Okay. 10 Q* I'm sorry, sir, your name's Charles. What's the 11 middle initial? 12 A. A. Pratfce. 13 Q. P-r-a-t-t? 14 A. E, I have an e at the end, Jr. 15 Q, And what is your home address, Mr. Pratfce? 16 A. 1547 Aaalea, A-s-a-i-e-a, Drive, Webster Groves, 17 two words, Missouri 63119, 18 Q, And where are you currently employed? 19 A. I am employed by Monsanto here in St. Louis, 800 20 Worth Lindbergh. 21 Q, And what is your job title with Monsanto? 22 A. I'm manager of raw material supply. 23 Q. And how long have you held that position? 24 A. I've held it for about 21 years. 25 Q. So that would be beginning in approximately 1970? RANKIN REPORTING & LEGAL VIDEO 5 RSV0022385 1 A. Well, actually X was -- had another title before 2 then, I was there in corporate purchasing sines about *68 3 buying raw materials, Hie title was changed along the line. 4 Q. Okay, Why don't you just take me through your work 5 history at Monsanto beginning with your first position? 6 A. I was first hired in January of 1960 at the 7 Springfield, Mass,, plant, I was hired as a staff engineer. 8 And about two years later, I was asked to go into 9 purchasing, 10 Q. Also at the Springfield plant? n A. At the Springfield, Mass,, plant, la Q. And what was your title with respect to the 13 purchasing? 14 A. Buyer, I bought mechanical supply items, 15 Q. So that wouldn't have included any type of vinyl 16 chloride or other chemicals? 17 A, Mo , 18 Q. And how long did you hold this title? 19 A. Oh, l left Springfield in Washington --* I arrived 20 in St, Louis on Washington's birthday 1983, X think it was 21 the 21st of February. And I worked at the Sauget, Illinois, 22 plant as a buyer* 23 Q, Mow do you spell that? 24 A* s-a-u-g-e-t. 25 Q, What were you buying? RANKIN' REPORTING & LEGAL VIDEO 6 RSV0022386 1 A. I bought mechanical supplies at first and then I 2 began to buy raw materials there for the plant* 3 Q. Okay* What caused you to be transferred from 4 Springfield, Massachusetts, to St. Louis? 5 A. Well, they had a work reduction but they were 6 trying to reduce the employment about 10 percent and they 7 asked me to interview for another 'job. 8 G* All right. And how long did you stay in that 9 position? 10 A. Oh, X probably was at the Gauget plant three years* n G. 1`m sorry, sir, I didn't catch your last answer. 12 A* About three years. 13 Q* That would take us up to 1966? 14 A* Yeah. 15 Q. Is that right? 16 A. We'll say about that time. I don't remember the 17 exact dates, okay. 18 Q. Okay. Where did you go from there? 19 A. X was made purchasing agent at our St. Peters, 20 Missouri# plant. 21 0. And -- 22 A. I stayed there for about two years. 23 Q. Let me just ask the next question. What were you 24 in charge of purchasing as purchasing agent? 25 A, Well, I was responsible for all purchases at the RANKIN REPORTING & LEGAL VIDEO 7 RSV0022387 1 plant. This was a silicon plant, We mads silicon wafers 2 Q. So that did not involve the purchase of any vinyl 3 chloride? 4 A, Ho, it did not include vinyl chloride. 5 Q* But it did involve purchasing other chemicals? 6 A. That's true. 7 Q. For the production of silicon product? 8 A. That's right. 9 Q, How long did you stay in that position? 10 A, About two years, 11 Q. Which would bring us to about 1968? 12 A. Oh-huh, 13 Q, And where did you go from there, sir? 14 A. I came over here into general offices to be -- to 15 start buying raw materials for the corporation. 16 Q. What department were you in when you first came to 17 the St. Louis headquarters in 1968? 18 A. Corporate purchasing department. 19 Q, And who was the head of corporate purchasing at 20 that time? 21 A. x believe it was Carl Evans. 22 0. What would his title have been? 23 A. He would have been director of purchasing# 24 Q, And what was your title within that corporate 25 purchasing department? RANKIN REPORTING & LEGAL VIDEO S RSV0022388 I A* X think it was senior buyer or a title like that. 2 Q. Just for your benefit# Mr. Pratte, it would help 3 for the court reporter if you would wait until my question 4 is finished before you start to speak because it's hard for 5 her to take things down when there's overlapping 6 conversation. 7 A. Okay. 8 Q. So Carl Evans was your supervisor in corporate 9 purchasing? 10 A m $fO w 11 Q. Okay, Who was your -- 12 A, He was in charge of the department. 13 Q* Who was your supervisor then? 14 A. Ron Burnett. 15 Q. okay. Did he also go by R.H. Burnett? 16 A. X believe so. 17 Q. Okay. What was his title? 18 A. He was manager of raw materials. 19 Q And your position changed in 1970 or the name of 20 the job position you held changed? 21 A. I'm not sure when they changed our titles, I don't 22 recall the exact date that they made us# you know# manager 23 of raw materials. The names, the function -- the function 24 essentially grew but right from the beginning we were 25 responsible for buying raw materials for the corporation. RANKIN REPORTING & LEGAL VIDEO 9 RSV0022389 X But over time they have elevated the jobs to what It is 2 today, 3 0. Okay# which is manager of raw materials? 4 A, Supply, uh-hufa, 5 Q. Okay* Mow* why don't you tell me* first of all* 6 what types of products or things were you purchasing 7 between, say, 1968 and 1970 when your job title changed? 8 A, I bought chlorine, sulfur, sulfuric acid, muriatic 0 acid, caustic soda, soda ash and maybe some seven or eight 10 other raw materials* 11 Q. What about vinyl chloride? 12 A. I did not buy vinyl chloride, 13 Q, Was vinyl chloride considered by the company to be 14 a raw material? 15 A. At the -- in 1968 we were supplying our own out of 16 Texas City* So we were not buying vinyl chloride monomer 17 corporately in 1968. 18 Q. So raw materials as far as the purchasing 19 department was concerned only involved things that were -- 20 chemicals that were purchased from nonMonsanto sources; is 21 that right? 22 A. That's correct. 23 Q. Did there come a time, sir, when you became 24 Involved in the purchase of vinyl chloride from nonMons&ntc 25 sources? RANKIN REPORTING & LEGAL VIDEO 10 RSV0022390 1 A. I did not buy vinyl chloride at any time. 2 Q* Well* when you say I* you*re saying personally you 3 were not involved in any such purchases? 4 A. That's correct. The department did buy -- starting 5 1969 they entered a contact with the -- with bow. $ Q. Okay. And what's your source of knowledge about 7 that contract? 3 A. Well, I -- the vinyl chloride monomer is made 9 between the reaction of chlorine and ethylene and I bought 10 the chlorine. And when we were -- and when we were making 11 it ourselves, the chlorine went to Texas City. And when we 12 entered this contract, we had to take that chlorine and move 13 it elsewhere into our system and I had that responsibility. 14 Q. Okay. And is that how you came to know about the 15 Dow contract for vinyl chloride? 16 A. That is how I came to become aware of the contract, 17 yes. 18 0. Let tae show you, sir, the Notice of Taking of 19 Deposition for this deposition. 20 MR. MINORS'i Why don't we have this marked as 21 Exhibit No. 1, please. 22 (Plaintiff's Exhibit no. 1 is marked.) 23 0* Sir, I'm showing you what's been marked as Exhibit 24 Ho. 1 which is the Notice of Taking of Deposition for this 25 deposition. I'd like you to take a look at it and then tell RANKIN REPORTING & LEGAL VIDEO 11 RSV0022391 1 me, first of all, whether you*ve ever seen this document 2 before. 3 A. I believe I*ve seen this document/ a copy of this 4 document. Yes, it looks like the copy that I received. $ Q. Okay. I*d like you to take a look at the items 6 numbered 1 through 7 on page 2 of the exhibit and ask you 7 whether or not it is your deposition that you have been a designated to testify as to those matters today. 9 A. Okay. Do you want to rephrase your question? 10 0* Yes. I just wanted to ask you whether or not it is 11 your understanding, sir, that you have been designated by 12 Monsanto to testify as to those seven areas today. 13 A. Yes, I've been designated to testify. 14 Q. Okay. And are you prepared to testify as to each 15 of those areas? 16 A. Yes, I am. 17 Q. Okay. The deposition notice also states further 18 down on the page that "The persons designated to testify on 19 these matters shall bring with them the following documents" 20 and it goes on to list three types of documents. Save you 21 brought any of those documents with you today, sir? 22 A, So. The only document I was able to uncover in my 23 investigation was that one there. 24 Q. Okay, What type of investigation did you do as far 25 as these documents is concerned? RASKIN REPORTING & LEGAL VIDEO 12 RSV0022392  1 53 O 1 A. I contacted several people who may have had some 2 knowledge who I thought had some knowledge about this 3 particular agreement with Dow and also, hopefully, could 4 remember or be knowledgeable about the supply of vinyl S chloride prior to 1969* 6 Q. Who did you contact? 7 A# I contacted Ron Burnett, Charlie Fullerton, Mackie, 8 John Mackie, Larry Gormley. And I contacted our legal 9 department to see if there were any records, retained 10 records. 11 Q. Anybody else? 12 13 Q. So it was just those four plus the Monsanto legal 14 department -- 15 A Yeah. 16 Q. --* that you contacted? And the only document then 17 you were able to uncover excuse me, did you want to add 18 something, sir? 19 A, Well, yeah, the person that sent that to me was Ann 20 Clark. X talked to her on the phone. 21 Q. Who*8 she? 22 A. Well, she's the one that keeps track of the 23 documents that we have on file on this particular document 24 here* You've got a copy of it. 25 0* Ann Clark? RANKIN REPORTING & LEGAL VIDEO 13 RSV0022393 1 A. Ann Clark, yeah, 2 Q. Where does she work at Monsanto? 3 A, She works over at, well, a store of records, I*m 4 not too sure. But she keeps track for filing of contracts 5 in the vault* Monsanto's procedure in purchasing is to 6 retain -- not retain but to store certain contracts of 7 certain sire and length in a vault, to keep the original in 8 a vault, okay* 9 And so in my investigation, I thought that 10 contacting her to see if there would be a contract we may u have had on the l>ow VCM or anybody else. And so that -- 12 that particular document was given to me. 13 Q, Okay. And this document, I*m just looking at it 14 for the first time so you'll have to excuse me. 15 A. Sure. 16 0. This document appears to identify four items which 17 are, themselves, documents which are each identified by a 18 document number, correct? 19 KS, PARSONSi Objection. 20 MR* R5ENDINI: Objaction. 21 MR, POWERS; you may answer the question. 22 WITNESS t Pardon me? 23 MR. POWERS; You can answer the question 24 despite the objection* 25 WITNESS* Would you rephrase it? I'm RANKIN REPORTING & LEGAL VIDEO 14 RSV0022394 1 eonfus d. 2 Q. {BY MR, HWQFF) Yea* Is it fair to say that this 3 document that has just been handed to me identifies four 4 other documents which are identified by a document ID 5 number? 6 MS. parsonsj Objection. 7 MR. SSNDINIt Objection* 8 witness* I -- it baa a number/ a document id 9 number/ yes, this piece of paper I gave you* 10 Q. (BY MR. MIMOFP) Okay. Now/ under Item 1 where it 11 soys narrative, it says "Agreement between Dow Chemical and 12 MC" -- I imagine th^t refers to Monsanto Company? in that 13 correct? 14 ms* PARSONS * That *s true. IS 0* {BY MR. MINQFF) -- "under which KC is granted an 16 option to purchase up to 250,000,000 pounds of vinyl 17 chloride monomer pec year for 10 year period, 1/1/69 through 18 12/31/78." 19 m. PARSONS? Objection. 20 Q. {BY MS, MINOFF) Sir, do you know if the agreement, 21 itself, still exists in some form? 22 MS. PARSONS* Objection. 23 WITNESS* I was told -- can I answer that? 24 MR, POWERS* Yeah. 25 WITNESS* I was told that the document had RANKIN REPORTING & DEGAh VIDEO 15 RSV0022395 1 been destroyed soma six or so months ago 2 MS. PARSONS: Objection, 3 MR. RENDINI: Objection. 4 Q. (BY MR. MINOFF) Who told you that? 5 A. Ann Clark. 6 Q. Did she ay how It was destroyed? 7 A. You mean by fire or -- 3 Q, Or who destroyed it? 9 A* -- shredding? No, 10 Q. And by six months ago, would that have been, say, 11 fail of 1990? 12 MS. PARSONSt ' Objection, 13 Q. (BY MR, MINOFP) When did you speak to Miss Clark? 14 A. X spoke to her last week X believe or the week IS before, within the last two weeks I spoke to her* 16 Q. And that's when she told you that the Dow agreement 17 had been destroyed about six months previous? IS A. Yes. 19 Q, Do you know where that document was kept up to the 20 time it was destroyed? 21 A. There is a vault which I've never seen where we put 22 all our documents into, purchase contracts into, but I've 23 never seen it* 24 Q. Is the vault located here at the headquarters in 25 St. Louis? RANKIN REPORTING LEGAL VIDEO 16 RSV0Q22396 1 A* l believe so. 2 Q* is Miss Clark located in this complex? 3 A. Yes, yes* 4 Q. And she's in the records area, the records 5 department? 6 A* To the best of my knowledge. 7 Q. Okay. While we're talking about records* do you 8 know, sir, what Monsanto's record retention policy is with 9 respect to contracts of this kind such as the one between 10 Dow and Monsanto? 11 A# I don't specifically know what it is but if there 12 is a retention policy, and that's Easily available, I just 13 don't know what it is. X can't quote* But we don't -- we. 14 you know, we have retention rules and even in purchasing 13 where the contracts are not kept in a vault. is MR. MINOFFs Can we have this marked, please. 17 (Plaintiff's Exhibit No. 2 is marked.) 18 0. Okay. Sir, I'm showing you what's been marked as 19 Exhibit No. 2 which is a booklet entitled Records Management 20 Manual, May 1978, Monsanto. Would you please take a look at 21 this and tell me if you're familiar with the document. 22 A. I azn not familiar with this document although I've 23 seen the book. I'm not familiar, I've not studied it in any 24 way. 25 Q. I'm not asking if you can quote chapter and verse HANKIN REPORTING LEGAL VIDEO 17 RSV0022397 I from it. 2 A. Ho. 3 Q* I'm just asking if you've seen it before. 4 A. I've seen it before* I haven't -- I haven't really 5 read it. 6 Q. Let me see that* please. Are you aware of the 7 distinction that the company makes between major contracts 8 and other types of contracts with respect to record 9 retention? 10 MS. PARSONS: I want to object. 11 WITNESS: Philosophically only. 12 Q. (BV MR. MINOFF) And what is youf understanding of 13 it philosophically? 14 A. Well, we -- the way we work it is we have a 15 procedure that tells us essentially that if the contract is 16 so long or so many dollars, and I don't remember whether it 17 was three years or five years, we send these to the vault. 18 okay, for retention. Others we keep in our files. If 19 they're one to two-year contracts for 3, $4 million, we keep 20 them in our files. And I just can't -- I can't quote the. 21 you know, his where the break line is. 22 Q. Okay, So you can't say that it's only major 23 contracts that go into the vault and other ones don't? 24 A. What do you mean by major? 25 Q, Well, I'm just asking you about your understanding RANK 111 REPORTING & LEGAL VIDEO 18 RSV0022398 1 as to the term major contract as It's used, for instance, in 2 the Records Management Manual* And 1*11 refer you to the 3 page I'm looking at which is page 13 of the manual. 4 A. Uh-huh. Major contract $5 million in one year, 5 that sounds $10 million in five years, yeah, yeah, and, 6 you know, okay, that's, you know, look okay, looks right* 7 Q* Okay* That's what you understand a major contract 8 to mean in the -- 9 A* In this contest, yes. 10 Q. --1 in the context of the Monsanto record retention 11 policy as exposed in the manual? 12 MS* PARSONSi Objection* 13 MR. RENDXMI* Objection, 14 Q. (tt MR* MINOFF) is that right, sir? You can 15 answer * 16 MR. POWERSi Go ahead and answer. 17 WITNESS* Yes* 18 Q. (BY MR. MXNGFF) And do you know, air, based on 19 that definition provided there if the Dow agreement referred 20 to on the piece of paper that was just handed to me which 21 we'll mark shortly as Exhibit No* 3 if that contract was a 22 ''major* contract? 23 MS* PARSONS* Objection. 24 MR. POWERS* Answer the question. 25 Q* (BY MR. MINOFF) If you can answer. RANKIN REPORTING LEGAL VIDEO 19 RSV0022399 1 A. 3fes. 2 Q* Xt was? 3 A. Uh*-huh. 4 MR. RENDINX t Can w see the document from 5 which he is reading# sir? 6 MR, MXNOPFs Sure. 7 MS. PARSONS: I'm just going to put an 8 objection on the record that X don't think this witness is 9 competent to testify to the detail of the reaord retention 10 program since he's already testified that he's not familiar n with this document. 12 MR, RENDXNls I'll join in that objection*' 13 (Plaintiff's Exhibit No. 3 is marked.) 14 MR. MINOFFj Iet me know when you're through. 15 MR, RRNDINIi 0h~huh. 16 MS, PARSONSs In addition# this wasn't one of 17 the subjeat areas upon which he was called to testify. 18 MR* MXNOFFj That's true. 19 MR. RENDINI: Same objection. 20 Q, (BY MR* MINOFF) Okay, Going back for a second# 21 sir# to Exhibit No* 3# you -- 22 A, Uh-huh. 23 Q. Do you have that in front of you? I think you do. 24 A. Okay, 25 Q, When you spoke to Ann Clark# did you have this RANKIN REPORTING & IjEGAXi VIDEO 20 RSV0022400 I document in front of you? 2 A* No, 3 0, Okay, you only got that later? 4 A, Yeah, I talked to her on the phone asking her if 5 there was any record and she sent me this in the mail* 6 Q. And you didn't speak to her after you got this 7 document? 8 m. PARSONSi objection. 9 WITNESS* No, I don't believe so I talked to 10 her after the document. 11 Q. {By MR* MINQFF) Did you talk to anybody with 12 respect to any of the items referenced in the document? 13 A. No. 14 Q, When Miss Clark told you that the Dow agreement had IS been destroyed six months previous -- 16 A. Uh-huh. 17 Q, do you know whether she was referring to Item IS No, 1 as opposed to either of the three other items listed 19 in Exhibit No, 3? 20 A. No, 21 MR. RENDINI* Objection, 22 MS. PARSONSt Same objection. 23 Q. (BY MR. MINOS*?) What did she say to you exactly? 24 What were her exact words as best you can recall with 25 respect to what was destroyed? RANKIN REPORTING 6 LEGAL VIDEO 21 RSV0022401 1 A* She simply said that she looked at her records, 2 there was this -- this agreement and that she could not give 3 me the agreement had been destroyed some six months ago. 4 thereabouts. 5 Q. So she referred to an agreement in the singular as opposed to in the plural? 7 MS* PARSONS* Objection. 8 WITNESS* Can't remember that* 9 Q. {BY MR. MINOFF) Okay. I notice, sir, that this 10 document refers to a contract dated September 13, 1966 -- 11 MS. PARSONS* Objection, 12 WITNESS* Uh-huh. 13 g. (BY MR, MINOFF) -- for vinyl chloride monomer 14 between Dow Chemical and MC, 15 A. Oh-huh. 16 MS. PARSONS* Objection, 17 Q. (BY MR. MINOFF) Do you have any understanding as 18 to what contract is being talked about? 19 A. I looked at that and it seemed to me that was a 20 typo, you know, I says how can there be '66 referring to a 21 contract and 1969 and I -- I felt that that was a typo. 22 Q. Okay. That is it shouldn't say 9/13/66, it should 23 probably say 9/13/68? 24 MS. PARSONS* Objection. 25 WITNESS* I don't know, I assume it had RANKIN REPORTING & I*EGAI VIDEO 22 RSV00224Q2 reference to this contract and the *66 would have been too 2 far in advance but that's# you Know# that's my opinion. 3 Q. (BY MR. MINOFF) So you questioned that when you 4 saw the 1966 date? 5 MS. PARSONS; Objection. 6 WITNESSi Yeah# I looked at that and said 7 there's something wrong with that. I don't Know what that 8 is about. X assumed it was closer to or even after the one 9 in '69. 1 don't Know. 10 Q. (BY MR. mincT) Bid you feel compelled to ask 11 anybody about that after you saw that 1966 date? 12 A. No. 13 Q. And you did not do that? 14 A. No. To me it was a -- it didn't make any sense. 15 Q. So you just assumed that the data was wrong? 16 MS. PARSONS t Obj ection. 17 WITNESS: I assumed it was wrong. 18 Q. (BY MR. MINGFF) Okay. And the 9/13/66 date also 19 appears on the second page of the exhibit -- 20 MS. PARSONSt Objection. 21 Q. (BY MR. MINOFF) -- with respect to Item Nos. 3 and 22 4# correct? 23 MS. PARSONS: objection. 24 WITNESS: Uh-huh. 25 Q. (BY MR. MINOFF) And did you also feel that that RANKIN REPORTING & LEGAL VIDEO 23 RSV0022403 1 was probably an error when you sew this document? 2 &. That was my opinion, yes* 3 Q. Do you know, sir, if Monsanto maintains a record of 4 what documents are destroyed, that is a list of what's 5 destroyed and when and by whom, that type of information? 6 M3* PARSONSt Objection. 7 WITNESS* This would reflect that that's, you a know, that they do* 9 0* {BY MX&OFF) I'm sorry, obviously they kept records 10 here* I'm sorry, does this indicate when these documents -- n oh, it does when they're destroyed* I'm sorry, I didn't see 12 that. 13 A. Yes* 14 Q. It does indicate, though, the date on which they're 15 destroyed? is that right? 16 MS. PARSONSj Objection. 17 0. (BY MR. MINGFF) At least I don't see one, maybe 18 you do. 19 A. Storage information, do you see it? Destroyed, 20 yeah, it has a date 19901214* 21 Q* That's a date then? 22 A. Yeah, that looks like the date it was destroyed. 23 Q. That would be December 14, 1990? 24 A. Yeah, i would think that that's exactly what they 25 meant. RANKIN REPORTING 6 LEGAL VIDEO 24 RSV0022404 1 Q. And that was the data on which all four of these 2 items were destroyed? 3 MS. PARSONSt I* going to zaake an objection 4 again because this witness ia not competent to testify as to 5 any -- regarding records or records retention and has no 6 personal knowledge how or when these records were destroyed. 7 MR, KBRDIMIi Same objection. 3 Q. (BY MR. MIH077) That is what the document would 9 appear to indicate, sir, all of -- each of these four 10 documents were destroyed on December 14, 1990? 11 A. That is correct. 12 MS, PARSONS: Same objection. 13 MR. rendinIi same objection. 14 Q, (By MR. MIN0FF) Lat*s get back to, sir, to what 15 exactly it was that you did in the corporate purchasing 16 department beginning in 1968. You mentioned that -- you 17 listed a number of substances that you purchased including 13 chlorine* Do you recall that? 19 A. That*s correct. 20 Q. And chlorine ie one of the components of vinyl 21 chloride; is that right? 22 MS. PARSONS: Objection, 23 WITNESS: That is correct. 24 Q, (BY MR, MXNOFP) You said that earlier as well. Do 25 you know, air, during that period, say, between 1968 and RANKIN REPORTING & LEGAL VIDEO 25 RSV0022405 1 1970 what Monsanto plants or which Monsanto plants were 2 using vinyl chloride monomer? 3 MS* PARSONSt Objection. 4 WITNESS: The only plant I could determine was S using vinyl chloride monomer was the Springfield, Maas*, plant. 7 Q. (BY MR, MINORS*) I want to show you, sir, a Xerox 8 of a booklet that I came across, & MR* MINOFRj Mark this as the next exhibit. 3.0 (Plaintiff's Exhibit No* 4 is marked.) 11 MS. PARSONS* Can I see that? 12 MR. MINOFF: Sure* I'm going to be asking him 13 about this part of it. 14 Q. Okay, Sir, now I'm showing you Exhibit No. 4 which 15 is, as I said, a Xerox of a booklet called Pacts with 16 Monsanto 1972 and directing your attention specifically to 17 the upper portion center of that document where it says 18 Monsanto Polymers and Petrochemicals Company. Do you see 19 that? 20 A. Oh-huh, uh-huh. 21 0* And it goes on to list a number of plant locations. 22 Can you read those? It's not a very good copy, 23 A. Bonding plastics such as -- 24 Q. iflhy don't you just read it to yourself and then 2S I'll ask you a couple questions about it. RANKIN REPORTING & LEGAL VIDEO 26 RSV0022406 X A. It*s not a very good copy* okay* 2 Q. Okay, flow, with respect to those plant locations 3 listed -- 4 A. Oh-huh* S 0* -- Addysfcon, Ohio ** 6 A. Addysfcon, Ohio, just outside of Cincinnati, 7 G* Okay, And that at eight other plant facilities a 9 A, Oh-huh, 10 Q, -- mentioned including Springfield, Does that n refresh your recollection, sir, as to whether there were any 12 plants other than Springfield, Massachusetts, that made use 13 of vinyl chloride monomer? 14 A. 1 -- it doesn't do anything for mo, 15 Q, Okay* So as far as you're concerned, Springfield, 16 Massachusetts, was the only plant that used vinyl chloride? 17 MS. PARSONS; Objection* 18 WITNESSi My investigation did not determine 19 there was any other location. My memory doesn't tell me 20 that we made it elsewhere but, okay* 21 Q. (BY MR. MINOFF) Okay. Mow, after -- there was a 22 time, sir, when Monsanto's Texas City plant shut down. Is 23 that fair to say? 24 MS. PARSONS: Objection. 25 WITNESSi That is correct -- wait, now the RANKIN REPORTING & LEGAL VIDEO 27 RSV0022407 I plant is still there. Texas City still exists. 2 Q. (By MR. MINOPF) Well, let's he more Specific then. 3 Texas City plant made vinyl chloride monomer, correct? 4 A. That's correct. 5 Q. It's one of the things that was done at that plant? 6 A. That's correct. 7 0, There were also other things that were done at the S plant? 9 MS. PARSONSt Objection. 10 MR. KRMDINI* Objection. 11 WITNESSt (Witness nodded.) 12 Q. (BE MR. MXHQFF) As far as the vinyl chloride 13 production was concerned, that portion of the Texas City 14 operations completely shut down? 15 MS. PARSONS: Objection. 16 WITNESS: Correct. 17 Q. (BT MR. MINOFF) And do you recall when that was? 18 A. Prior to January of '69. 19 Q. And -- 20 A. Or on or about January, I'm not that specific. 21 Q. And why do you focus in on January 1, 1969? 22 A. Because all the indications are that we entered 23 this requirements contract with Dow and there would be no 24 reason to believe that we would keep both running. 2$ Q. Okay, you referred to it as a requirements RANKIN REPORTING & USGM, VIDEO 28 RSV0022408 I contract. What does that mean to you? 2 A. That means that we don't have a right --* if we 3 enter a contract with a supplier for requirements, they have 4 the responsibility for our total requirements. We have no 5 right to go out and buy from somebody else. 6 Q. It's like an exclusive dealing arrangement? 7 A* That's correct. 8 0. And that's for the benefit of both parties, is it 9 not? 10 MS. PARSONSi Objection. 11 WITNESSi It's -- X don't know how to answer 12 the question. 13 Q. {BY MR. MXNOFF) Well, it assures Monsanto of a 14 source in this case, for instance, vinyl chloride? 15 ms. PARSONS * objection. 1$ MR. RENDINI? Objection. 17 WITNESS; in the case of Monsanto, it puts the 18 responsibility on that supplier to supply us and be 19 responsible for supplying us. That's what it does for us. 20 0* (BY MR. M1NQFF) And you mentioned earlier that you 21 first became aware of that contract in connection with your 22 purchase of chlorine; is that right? 23 A. Yes, 24 Q. And -- 25 A. I was the buyer of chlorine at that point in time. RANKIN REPORTING 6 LEGAL VIDEO 29 RSV0022409 1 Q, Okay, The chlorine that you war buying while the 2 Texas City vinyl chloride operations were still operating 3 was all discontinued for the Texas City plant? is that 4 correct? 5 A, No, X bought chlorine for other location, too* 6 Q* All right* So chlorine was used not just for the 7 manufacture of vinyl chloride but for other purposes as 8 well? 9 MS* PARSONS: Objection. 10 WITNESS: That's correct. 11 Q. (BY MR. MINGFF) But as far as the manufacture of 12 vinyl Chloride was concerned, all of the chlorine purchased 13 for that purpose went to Texas City; is that right? 14 MS. PARSONS: Objection. 15 MR. RENDINIs objection* 16 WITNESS: That's correct, 17 Q. (BY MR. miHOFF) And did that change at all once 18 the Dow contract went into effect? 19 A* Yes, it dxd. 20 Q. And how did it change? 21 A* Well, the -- the commitments that we had with 22 suppliers to supply chlorine, that chlorine was redirected 23 to other locations, other Monsanto locations to be specific* 24 We shut down a plant here in St* Louis that made chlorine 25 and we shipped it to St. Louis. RANKIN REPORTING & LEGAL VIDEO 30 RSV0022410 ^ VTllt 1 Q* Okay And you stopped buying chlorine for the 2 purposes of making vinyl chloride all together? 3 a. Yes. 4 0. Didn't buy any chlorine for that purpose after the 5 Dow contract went into effect? 6 MS. PARSONSt Objection. 7 WITNESS* That is correct. S Q. (BY MR. M1NOFF) And is it your understanding that 9 that was on or about January X, 1969? 10 MS. PARSONSt Objection. u WITNESS* Yea. 12 Q. (BY MR. MiNOFF) Now, you have remained involved 13 with the purchase of raw materials for Monsanto from January 14 1, 1969, to today? 15 A* That is correct. 16 Q. Right? During that time, sir, are you aware -- I*m 17 not asking you if you're personally involved but are you 10 aware of Monsanto purchasing vinyl chloride from any source 19 other than Dow Chemical Company? 20 MS. PARSONS* Objection, 21 WITNESS* My investigation showed I was unable 22 to determine that we bought from anybody else, 23 Q. (BY MR. KINOFF) Okay. What did your Investigation 24 consist of? 25 A, Well, I asked for whatever records were available* RANKIN REPORTING & LEGAL VIDEO 31 RSV0022411 1 There weren't any records available, I talked to people who 2 had knowledge of it at one time and they could not give me 3 any names. Ron Burnett did not have a memory of it, 4 Charlie Fullerton could not remember ever entering any and 5 so on, 6 Q. Okay. What did Mr* Burnett tell you exactly? 7 A, X asked him if we had ever bought any vinyl 8 chloride monomer from anybody but Dow once we entered the 9 contract. He says "X -- I doubt it.* He says "X don't 10 remember." But he says "I don't remember ever having bought U anything from other than Dow. That was Dow's 12 responsibility." ; 13 Q. Wow, Mr. Burnett, he was your supervisor? 14 A. that's correct. 15 Q* in the corporate purchasing department? U A. That is correct. 17 Q. He was -- what was his title, manager of -- 18 A. Raw materials. 19 0* -- raw materials. 20 MS. parsonst Objection. 21 Q. 22 LOUiS? {BV MR. MXNOFF) And he worked as you did in St. 23 A. That's correct. 24 G* Do you know, sir, if the individual plants located 25 throughout the country ever purchased chemicals from outside RANKIN REPORTING & LEGAL VIDEO 32 RSV0022412 1 sources directly rather than through the offices in St* 2 Louis? 3 A* X don't know how to answer that* There are things 4 we delegate to them to buy. 5 Q* Okay. Well* let's -- 6 A* But they're very specific; in other words, there's 7 things that we elect not to handle corporately that we 8 permit the plants to buy. 9 Q. Including chemicals? 10 MS, PARSONS* Objection. 11 WITNESS* Yeah, sure, 12 0, (By MR. MINOPP) And: how long has that been the 13 pal icy? 14 A. As far as I can remember. 15 Q* As long as you've been involved in corporate 16 purchasing? 17 A. Sure. 18 Q. Since 1968? 19 MS. PARSONS* Objection. 20 WITNESS* Sure. 21 Q. (By MR. MXMGPF) Okay. And do you know whether or 22 not vinyl chloride falls into the category of those 23 chemicals which Monsanto corporate permits the individual 24 plants to purchase on their own? 25 MS. PARSONS* Objection. RANKIN REPORTING & LEGAL VIDEO 33 RSV0022413 X WITNESS# I'm sure that they didn't permit 2 them to buy vinyl chloride monomer on their own, 3 Q. {By MR. MINOFF) What makes you sure of that? 4 A. I talked to Larry Gormley and he said he made 5 releases but everything was not handled in St. Louis. 6 Q. And what caused you to speak to Mr. Gormley? Why 7 did you contact him? a A. As part of my investigation, X was told to 9 investigate thoroughly to find out, you know, what the XG history, what did we buy from other people during this 11 period of time, you know. And so 1 did what I was asked to 12 do. 13 Q. Okay. How did you learn of Mr. Gormley? 14 A. Well, I knew Larry back in Springfield, I worked at 15 the Springfield plant. We were associates although he 16 bought raw materials. But I knew Larry for a long time. 17 Q. Were you able to confirm through any other source 13 that any vinyl chloride purchased would have been through 19 St, Louis rather than through Springfield? 20 A. Well, I think that that's --* I assume that it was. 21 X did not ask that question everyone that I talked to. At 22 least I don't recall asking that question. 23 Q, Okay, Now, Mr. Burnett told you that he did not 24 recall purchasing or Monsanto purchasing vinyl chloride from 25 any source other than Dow? RANKIN REPORTING & LEGAL VIDEO 34 RSV0022414 1 MS. PARSONSt Objection. 2 WITNESS: That's correct. 3 Q. (BY MR. MINOPP) And who was Mr. Fullerton? I 4 don't think you identified him. 5 A. Well, he was in that end of the division 6 responsible for marketing sales. 7 Q. Marketing and sales of what products? 8 A, Well, the things that we made and he was involved 9 as part of the liaison party in this whole Dow contract, as 10 1 recall. 11 Q. He was algo working in St. Douis? 12 A. Fes, he was. " 13 Q. And what did you ask him and what did he tell you 14 about supplier of vinyl chloride to Monsanto? 15 A. I asked him essentially the same thing I asked Mr. 16 Burnett and he had no recollection of ever having bought off 17 anyone else but Dow 18 Q* He did recall -- 19 A. -- during the -- we're talking about now 1969. 20 Q. He did recall the Dow contract? 21 A. Oh, yes. 22 MS. PARSONS* Objection. 23 Q. (BY MR. MINOFF) What was his involvement with 24 respect to that contract? 25 A* Well, he represented the division. RANK IK REPORTI NG & AEGAI* VIDEO 35 RSV0022415 1 Q. What division was that? 2 A. Well, that would be the polymer division, I think 3 the one you had referenced to. 4 0. Polymer and petrochemicals? 5 A. It might have evert changed the name but that 6 division that used the vinyl chloride monomer. 7 Q, And where is Mr. Fullerton located now? S A. Well, he's retired from Monsanto. He's here in St. 9 Louis. He has -- he's in the financial advisory business. 10 Qr And what about this other gentleman who you 11 mentioned, day Mackie? 12 A. John Mackie. f 13 0. John Maekie? 14 A. yeah. I called him, he's still a Monsanto 15 employee. 16 Q Okay. What does ha do at Monsanto? 17 A. He's in the textile division. I'm not quite sure 1 what hie title Is but it's a marketing function. 19 Q. And why did you contact Mr. Mackie? 20 A, His name was given to me as possibly someone who 21 would have knowledge about this particular agreement. 22 Q. Okay, So when you contacted him, what did he have 23 to say? 24 A. He said that his recollection was that it was a 25 requirements contract and Dow had full responsibility of RANKIN REPORTING & LEGAL VIDEO 36 RSV0022416 1 supplying our needs. 2 Q. Did Hr, Mackie have any personal involvement with 3 respect to that contract. If you know? 4 A. No, I don't know. 5 Q. But he knew that or he said that it was a 6 requirements contract? 7 MS. PARSONSi Objection. 8 WITNESS: That's correct. 9 Q, {BT MR. MXNOPF) Was that your only source of 10 information to your previous statement that that's the type 11 of contract it was? 12 A. Everyone I talked to implied that it was a 13 requirements contract. 14 Q, Hr. Pratte, while the Texas City vinyl chloride 15 operations were still going, do you know whether Monsanto 16 ever on any occasion acquired vinyl chloride from any 17 nonMonsanto source? 18 MS. PARSONS: Objection, 19 WITNESS: My investigation did not surface 20 that we had purchased any from anybody. There was no 21 records, there was no evidence to point that we had 22 purchased from anybody although one has to assume that 23 somewhere along the line, our plants may not have run, had a 24 breakdown or something and we could have gone out to buy 25 elsewhere. But there's no records on that, there's no RANKIN REPORTING & LEGAL VIDEO 37 RSV0022417 X records to say who. But it Right have been minor anyway is 2 my thought. 3 Q. is this just speculation on your part? 4 A. Well, you know, our plant was certainly a very 5 large plant* It could take care of more than we needed, 6 best I could determine. And so our interest to sell our 7 vinyl chloride monomer if we don't use it internally. And 8 we would not, ay opinion, go out and buy just -- you know, I 9 would think that we would probably go out and cover the 10 shortages that may ocaur from time to time either because we 11 got into a plant turnaround or mechanical failure. This is 12 -- this is rather common in the chemical industry, 13 Q. That is when there are shortages of a particular 14 chemical, that each chemical company might go outside of its IS own organization to acquire that chemical. Is that a common 16 occurrence? 17 MR* RENDINI: Objection, 18 WITNESSt No, I'm saying if we're *--* X$> HR* POWERS: Go ahead. 20 WITNESS: If we're a producer of a chemical 21 and we're supplying ourselves or even somebody else and our 22 plant goes down, the logic is we have responsibility to go 23 out and cover our needs so we don't shut our plant down 24 because of some of this raw material is not available. We 25 go out and find it somewhere's else. And so we do that from RANKIN REPORTING & LEGAL VIDEO 38 RSV0022418 X time to time when those Incidents occur* 2 So my logic says that, yeah, over the period of 3 time that we made stuff at Texas City, there were times that 4 we had to go out and get material elsewhere because of 5 breakdowns or some ** some reason* 6 0. <BT MR* KINOFF) But you doa`t know of any specific 7 instances where that occurred? S A* No, because all of my investigation showed no 9 evidence of any records on this subject* 10 Q# So the testimony that you just gave is just based 11 on your work experience at Monsanto and your general 12 experience regarding the chemical industry --* 13 MS. PARSONSt Objection. 14 MR. RENDXNXs objection. IS Q. {BY MR* M1NOFF) -- not on any specific facts? 16 A* Nell, I'm not sure I understand your question. 17 Q. That is your testimony that that's a common 18 occurrence when, for instance, a plant that produces a 19 material to be used shuts down for some reason, that the 20 company might go elsewhere to take care of any shortages 21 that might occur -- 22 A* Sure. 23 MS, PARSONS: Objection. 24 WITNESS: Sure. 25 : MR, RENOXNI: Objection. RANKIN REPORTING & LEGAL VIDEO 39 RSV0022419 1 0, (BY MR. MINOFF) -- you just know that from your 2 experience at Monsanto? 3 MS. PARSONSi Objection? 4 WITNESSi Tea. 5 Q* (BY MR. MINOFF) And that happens with respect to 6 -- or that that sight happen with respect to any chemical 7 that Monsanto supplies to itself? 8 MS. PARSONS* Objection. 9 WITNESS* Yes* 10 MR. RENPINIx Objection. 11 Q. (BY MR. MIHOFF) Based on your experience, sir, are 12 you able to estimate what percentage of Monsanto vinyl 13 chloride was used at the Springfield plant as opposed to 14 nonMonsanto vinyl chloride before Texas City shut down? 15 MS. PARSONSi Objection. IS MR. RENDINI: Objection, 17 WITNESSi I would say it had to be minimal but 18 I couldn't give you any real hard numbers. They were not 19 available. 20 Q. (BY MR, M'INGFP) Okay. Aside from speaking to the 21 four individuals that you mentioned, consulting with the 22 legal department of Monsanto and speaking with Ann Clark -- 23 I guess she would foe a fifth individual -- and receiving 24 Exhibit No, 3 from Miss Clark and reviewing it, did you do 25 anything at all to investigate the supply of vinyl chloride RANKIN REPORTING $ LEGAL VIDEO 40 RSV0022420 1 to Monsanto In preparing for this deposition today? 2 A* I -- everything I did went to dead end so I didn't 3 go farther. So if I'd have -- if I had had found a lead. 4 I'd have pursued it. But I didn't find any additional leads 5 that would -- i found no evidence to suggest that anything 6 different. 7 Q* Okay. Aside from this document that you handed me. 8 Exhibit -- today, Exhibit No, 3 -- $> A, Eh-huh. 10 Q, -- have you reviewed any documents in preparing for 11 this deposition? 12 A. No, I've seen no documents. 13 Q. Well, I've got some documents for you. Let me show 14 you, first of all -- 15 (Plaintiff's Exhibit No, 5 is marked,) IS Q. Sir, I'm showing you Exhibit No, 5 which just for 17 your information I'll tell you was furnished to us by IS Monsanto back in May of 1990* I'd like to show this to you 19 now and have you take a look at it, and then i'll ask you if 20 you've ever seen that document before. Have you seen that 21 document before, sir? 22 A. No, never have* 23 JCR* MINORS'; Let's go off the record for a 24 second, 25 (Discussion off the record. Plaintiff's RANKIN REPORTING & LEGAL VIDEO 41 RSV0022421 X Exhibit Ho* 6 is marked*} 2 MR* MIWOFFt And just for the record, what's 3 in here? this includes a Monsanto memo dated February 9, 4 19685 MS* PARSONSt Keith, could you also identify 6 the exhibit number from the Nelson exhibit? 7 MR* MINOFFJ Oh, and this was Exhibit No. 11 0 to the terry Nelson depo. the next one was at Exhibit No. 9 10 to the Nelson depo which was a memo dated June 13, 1978, 10 also to Monsanto. The next one was Exhibit 21 to Terry 11 Nelson which is -- that appears to be a Monsanto memo, it 12 doesn't say Monsanto on it, dated June 7, 1968* Next Is 13 Exhibit No. 9 from Terry Nelson's deposition, a Monsanto 14 memorandum dated October 24, 1968* Next is Exhibit No* 7 15 from Terry Nelson, a Monsanto memo dated December 10, 1971. IS Next is an exhibit from Robert Bourgefc, his 17 deposition, an exhibit from his Deposition Exhibit No, 4. 18 The first page for identification is a letter from Dow 19 Chemical to Monsanto dated December 10, 1973. And then 20 finally we have what was Exhibit No* 5 to Terry Nelson's 21 deposition and Exhibit No. 2 to Mr. Bourget's deposition 22 which is a memorandum from Monsanto dated February 28, 1974. 23 Okay. Sir, during the break you had an opportunity 24 to go through all of the documents included in Exhibit No. 25 6, correct? RANKIN REPORTING & LEGAL VIDEO 42 RSV0022422 1 A* ires# 2 Q. And you told sae o the record just now that before 3 today* you don't recall seeing any of these documents? is 4 that right? 5 A# That's correct* 6 Q* Okay, In reviewing these documents today, sir, was 7 there anything In them that you read to refresh your 8 recollection about anything you discovered in your 9 investigation about supply of vinyl chloride to Monsanto 10 from other sources? 11 m. RENDINI: Objection, 12 MS* PARSONSt Objection* 13 WITNESS: The implication there is that from 14 time to time the Springfield plant did acquire material 15 elsewhere but minor quantities at best. IS Q. (BY MR. MINOFF) Okay. And what led you to that 17 last conclusion? 18 A. Well, the amount of paper you're talking about, I 19 mean this one or two cars from -- 20 Q, Okay. So you're assuming, is it fair to say, that 21 there aren't anymore documents other than these that relate 22 to that subject area? 23 A. Yeah# well, I'm sure that you're -- 24 MS. PARSONS* Objection, 25 MR. RENDINI * Objection. RANKIN REPORTING & LEGAL VIDEO 43 RSV0022423 1 mWEBSs The investigation was thorough in 2 this particular instance* 3 Q. (BY MR. MIROPS*} Okay, I want to ask you, sir, 4 about some of the names that I've seen on these and other 5 documents, people who apparently were headquartered in the S St, Louis office. 7 A, 1 have to comment that that one there you showed 3 me, x know the man, Clarence Doucette. He's been dead 20 9 years at least. 10 Q. You're referring to Exhibit Ho, 5, the 1956 memo? 11 A. Yeah, yeah. 12 Q. Mr* C.L. Doucette? 13 A, Clarence, yes, I knew the man. 14 Q. Who was he at Monsanto? 15 A, He worked at the Springfield, Mass., plant in 16 distribution. 17 Q. Okay. He was never in St. Louis? is that correct? 18 A, Rot to my knowledge. 19 Q. Okay. Do you know any of the other names on 20 Exhibit Ho. 5, the -- any of the names listed under ce? 21 A. Yes, I do, yes, I do. John Duncan, the second name 22 there, be hired me -- well, he hired me into purchasing X 23 should say, 24 Q* Let me ask the question a different way* Are there 25 any people there who you know worked out of St. Louis as RANKIN REPORTING 6 LEGAL VIDEO 44 RSV0022424 1 opposed to Springfield? 2 A* AX Urban who is now dead did who was plant manager 3 ended up here in St, Louis at one time. 4 Q, Anyone else? S A, x don't recognize any other names, s Q. Okay, Who was the other fellow who you said was in 7 Springfield? 8 A. John Duncan, 9 Q. Do you Know if Mr* Duncan is still alive? 10 A* I don't know* I last saw John in 19 maybe 65, 11 It's over 25 years ago* 12 Q. When you were still in Springfield? 13 A, I was here --- no, i was here when X saw him* 14 Q. Did you see him -- 15 A. He came to St* Louis one time and I saw him, I 16 don't know anything about the whereabouts, 17 Q. You mentioned Mr, Burnett. 18 A, Ron Burnett# yes# Mr. Burnett. 19 Q. Was Ron Burnett your supervisor up until the time 20 that he retired from the company? 21 A* Essentially for all the years, 22 Q. when was that? 23 A. Well# i came into corporate purchasing in about '68 24 and he was my boss* 3e brought a into corporate purchasing 25 and I think he retired maybe eight years ago# nine, eight, RANKIN REPORTING & LEGAL VIDEO 45 RSV0022425 X nine years ago would be my guess. 2 Q, And he still lives in St* Louis? 3 A* He still lives in St. Louis* 4 Q. I've got a fellow named R.W. Busker* Bo you know 5 him? 6 A. I know the name. I think he was in charge of 7 transportation back in Springfield but --* 8 Q. What about a Mr. R.H* Dunlop? 9 A. Roland Dunlop, yeah, Roland was in corporate 10 distribution here. He retired maybe five, six years ago, 11 seven years ago. 12 ' Q. And what is corporate distribution? What do they 13 do? 14 A. Well, they arrange for railcar shipments and things 15 like that. They contract for outside viarehousing, They 16 negotiate with the railroads for itself* 17 Q, And what was Mr. Dunlop*s position within that 18 division? 19 A. He finally became director of distribution before 20 retiring. 21 0. Okay. And he retired how long ago? *5 P A, l*ra guessing here, I'm guessing at least five 23 years. 24 Q. And do you know if he's still alive? 25 A. Oh, yes -- well, I assume he's alive. Yeah, I*ve RAMIN REPORTING & LEGAL VIDEO 46 RSV0022426 1 seen hist within the last couple years* 2 Q. Do you know where he lives? 3 A. No, St. Louis somewhere's. 4 Q What about J.H. Chaney, does that name ring a bell 5 with you? 6 h. No, no* 7 Q. Bow about H.T. Bale? 3 A. No. 9 Q# How about R.G* Weasels? 10 A. Yeah, the name rings a bell but I haven't seen him 11 in eight years or so* 12 0* Okay. What did he do at Monsanto? 13 A. He was a transportation manager. 14 o. in St* Louis? 15 A In St. Louis, yeah. 15 Q. Do you know where he is today? 17 A* NO. 18 Q. Do you know if he's in St. Louis area? 19 A* I have no knowledge where he is. 30 Q* How about a gentleman named Herbert Parurn? 21 A* Herb Parum, yes, he worked -- he was Ron Burnett's 22 boss* 23 Q* So he was -- 24 A * Director of raw materials* We have more than one 25 director, RANKIS REPORTING & LEGAL VIDEO 47 RSV0022427 X Q, Did he work with -- at the sane time as Carl Evans? 2 a* * 3 Q* They're on the same level? 4 A. Wo, Carl was the boos# Herb was underneath his, Ron 5 was underneath him and 1 was way down at the bottom* 6 Q. But this is a long time ago? 7 A* it's a long time ago# right* 0 Q. And do you know when Hr. Pacum left the company? 9 A. Wo, 1 don't. I think he left before Ron did. 10 Q. Do you know If he's still alive? U A. The last X heard he's alive. 12 Q. Do you'know where ha lives? 13 A. X believe he's in Hannibal# Missouri, 14 Q. What about a gentleman named A,,7. Frankel? 15 A. Alan Frankel, yes. IS Q, Who was Mr. Frankel? 17 A. He was a manager of raw materials. 18 Q* Did you work with him in that division? 19 A. At on time I worked with him briefly. He was my 20 boss at on time. 21 Q, Okay, And is he still with the company? 22 A. Mo# he's retired. 23 Q. How long ago? 24 A. Again I -- l*m guessing 1985ish* 25 Q, Okay, Do you know where he's now living? .........-.........-.................. ........... ... . RANKXN REPORTING & LEGAL VIDEO 48 RSV0022428 1 A. He lives in St# Louis area. 2 Q. what about R.l. Lait? 3 A, Don*t know the man. 4 Q. what about G.R* Sido, s-i-d-o, Sido? 5 A, Yeah/ Bob Sido X think. <S 0* And where did he work at Monsanto? 7 A. He worked in distribution* X think he was in 8 labeling* Bob Sido, X think he -- hia function was 9 labeling. 10 Q. Same area as Mr. Dunlop? 11 A. Ha worked in the same department. 12 Q. He was involved in labeling? 13 A. Labeling. 14 Q. What does that mean? 15 A* Well, you know# there are laws that say every IS package has to have a certain, you know, information on it. 17 And he was the one that care -- be cared for making sure 18 that Monsanto's packages contained the right information. 19 they met the government regulations, et cetera. 20 Q, Warnings and so forth? 21 A* Warning labels, yes. 22 Q What about A.V. Laakso with two a'? 23 A* Don't know, don't know Laakso. 24 Q. How about a C.E. Smith? 25 A. Charlie Smith, Springfield, Massachusetts* He was RANKIN REPORTING & LEGAL VIDEO 49 RSV0022429 1 the -- he was the purchasing agent there after Duncan I 2 think. 3 Q. I gather you don't know where he is now? 4 A. Larry told me he was living in Connecticut and 5 didn't have good health. I asked about it. 6 Q. Finally, what about a D.V, Biarwert? 7 A. The name rings a bell but I don't don't know the 8 man, can't -- 9 Q. Okay# Sir, did you ever in your experience at IQ Monsanto ever get involved in any way In requirements II contracts, that is seeing that they were carried out or the 12 operation of a requirements contract? 13 MS. PARSONSs Objection. 14 WITNESS? Well, I've had requirement contract 15 -- I've negotiated contracts, requirement contracts, 16 Q. (BIT MR, MXNOFF) Okay, meaning requirement 17 contracts for Monsanto's requirements? 18 A. sure. 19 0. Okay. And what types of requirement contracts were 20 you involved in with respect to what chemicals or other 21 goods? 22 A, Well, chlorine, caustic soda, soda ash, you know, 23 one of those along the line would be a requirements 24 contract; in other words, you commit your total supply to a 25 supplier. Generally you say, well, my requirements are, as RANKIN REPORTING & LEGAL VIDEO 50 RSV0022430 *+ww 1 an example, X need 20,000 tons of something, okay# And I 2 would have a contract that they would be the supplier, say, 3 15 to 22,000 tons, That's what the contract would say and 4 he would get the supply. I would have no other contracts, 5 Q. The requirement contracts that you have been 6 involved in, are they always exclusive; that is, do they 7 always restrict Monsanto from purchasing that product from 3 somebody else? 9 A, If it's a requirements contract, yes. 10 Q. like by definition that's one of the clauses -- 11 A, Statement, 12 Q* ~~ in the contract, statement^ in the contract? 13 A. Could be a statement. But I guess you could go 14 further and say if it's in excess of your requirements, the 15 reason would be a -- your logic would say that's a 16 requirements contract; in other words, you can't -- if you 17 have a commitment for so many pounds of stuff, you can't go 18 out and buy something else from somebody else* That would 19 be unethical, my opinion, okay. 20 Q. So it may or may not say it in the contract? 21 A* That's right, could be implied* 22 Q. But in your opinion, it's something that's 23 generally not done when there's that type of contract In 24 force? 25 A, That's right, at Monsanto's not done. RANKIN REPORTING & LEGAL VIDEO 51 RSV0022431 rfrU ft.nw WAM# *. X 1 Q* Do you know, sir, or are you aware of any instances 2 in which a supplier was not able for whatever reason to 3 fulfill Monsanto* needs under a requirements contract? 4 A. Do I know of an instance? Repeat that question, 5 please4 & Q. Do you have any instances where a supplier who had 7 a requirements contract with Monsanto was not able for 8 whatever reason to supply Monsanto with the product? 9 A*. It happens. 10 Q, Okay* And what -- what did or what does Monsanto II do in those instances? 12 A. ft put the responsibility on that supplier to go 13 out and secure material. And, you know, it's how -- he's 14 responsible. If it costs him more money, he has to come up IS and pay for it* IS Q. But he has to locate it? 17 A. He has to locate it* 18 0* He has to arrange for It to be shipped? 19 A* tfh-huh. 20 Q* Typically, do these contracts require the seller to 21 ship the product to the Monsanto facility where it's going 22 to be used? 23 A. I*<3 have to say yes. 24 Q. As opposed to Monsanto, for instance, going to the 25 source and taking the product -- RANKIft REPORTING & LEGAL VIDEO 52 RSV0Q22432 I h. NO* 2 Q. -- itself/ and dalivating it? 3 A. i would think the supplier would arrange for all 4 the shipping responsibility* 5 Q. Okay* S MS* PARSONS: Just want to register a 7 objection to the extent that we're dealing with products 8 other than the products that Mr* Pratta has addressed in his 9 career at Monsanto. 10 MR. H.IN0FF* Right, and we clearly are because 11 I believe Mr, Pratts has already testified that aside from 12 the Dow contract, he knows of no other arrangements between 13 Monsanto and any other supplier for vinyl chloride. 14 0* Is that fair? 15 A. That's correct. 16 Q. whether they be contracts or some less formal 17 arrangement? is that right? 18 A. I have no -- yeah, the answer's yes. 19 0. Vouc investigation uncovered no information as to 20 that? 21 MS. PARSONS* Objection* 22 WITNESSt No, it didn't. 23 MR. RBNDINIi Objection. 24 WITNESS* My investigation showed that we had 25 no agreements -- other agreements other than those that we RANKIN REPORTING & EEGAL VIDEO 53 RSV0022433 W Vf * AhV + * * W 1 talked about/ the Dow agreement# 2 G# (BY MR* MINOFF) In your investigation did you find 3 out any information about Monsanto ever acquired vinyl 4 chloride from other nonMonsanto sources through a pooling 5 arrangement? Do you know what a pooling arrangement is? 6 MS* PARSONSi Objection* 7 MR. RENDINIs Objection. 0 WITNESS* Would you define a pooling? 9 0. (BY MR. MIWOFF) Well# let's use a different term# ID through an exchange agreement as where Monsanto would 11 acquire vinyl chloride from a company and, in return, supply 12 that company with some other product* 13 MS. PARSONS* Objection. 14 MR. RENDIN1; Objection. IS WITNESS* Would you rephrase that question 16 again? I lost you. 17 Q. (BY MR. MINOFF) Okay. Well, let's take it in two IS parts. 19 A, Okay. 20 Q* Are you aware from your experience at Monsanto of 21 any practice where Monsanto exchanges a chemical with 22 another company and gets another chemical in return? 23 MS. PARSONSi Objection. 24 WITNESS* The same chemical, yes. 25 G. (BY MR. MINOFF) No. The same chemical? RANKIN REPORTING & LEGAL VIDEO 54 RSV0022434 **V**^- <> **-* W 4W ****** X A. Well, we have exchanges; in other words, I've seen 2 cases where Monsanto have supplied material and taken some 3 material back somewhere else, the same kind of material. 4 Q, And is there any special nomenclature for that 5 within Monsanto? 6 A, Just exchange agreements, 7 Q. And did you become aware through your investigation S that there were any such exchange agreements between 9 Monsanto and any other company involving vinyl chloride? 10 MS, PARSOKSi Objection. 11 WITNESSj 1 was unable to detect any such 12 arrangements. 13 Q. (B2 MR. MINGFF) Do you know, sir, of other 14 arrangements that Monsanto has had with other companies in 15 the past where Monsanto supplies the company with, say, 16 chemical A and receives in return from that company chemical 17 B, a different chemical? ia MR. RENDINIt Objection. 19 MS. PARSONSi Objection, 20 WITNESSi No, I -- internationally we do some 21 bartering, I'm familiar with some of that going on. Ne'va 22 taken polish hams for something else, you know, that kind of 23 thing but --* and it is by definition a chemical, whether it 24 be meat or not. But I don't --1 I don't recall any specific 25 of exchanges that we have. RANKIN REPORTING & LEGAL VIDEO 55 RSV0022435 1 answer is yes. 2 MS. PARSONS: Same objection. 3 Q. (By MR. MINGFF) Okay, Now, the Texas City plant 4 shut down in 1968 was it? S A. I don't know, X can't remember. 6 MS. PARSONSi Objection. 7 Q, (BY MR* MINOFF) Do you know whether or not 8 Monsanto used any of its own vinyl chloride after the plant 9 shut down, that is any vinyl chloride that might have been 10 stored or warehoused in some way? 11 A. X don't know that. 12 Q* Do you know a tf.H. Bentley, sir? 13 A, No, I don't. 14 Q, What about an R* Rosenberg? These would have been 15 Monsanto employees. 16 A. No, X don't, don't know either one of those names. 17 Q, Mas there one person who was in charge of 18 administering the Dow contract out of St. Louis? 19 A. l would say it had to be Ron Burnett. 20 Q. Okay. Mhy would you say it would have to be him? 21 A. Well, he was the one that negotiated the contract* 22 Q. Okay, And, therefore, he would have been the 23 person who followed up with the administration of it? 24 A. Sure, sure. 25 Q. Did you talk to Mr. Burnett about that when you RANKIN REPORTING & LEGAL VIDEO 57 RSV0022436 vurw w a 4VU 1 contacted him? 2 A No * 3 Q. Old I ask you whether you knew a person named E.F. 4 Celette? s A. Ed Celette, no, you didn't ask me that. 6 Q. do you know Mr. Colette? 7 A * yes * 8 Q. And who was he? 9 A* Well, I'm not sure where he was at that time but he 10 -- plant manager in the '80s at the Springfield plant. 11 Q. Was he previously in St, Louis? 12 A, He spent time in St. Louis as well as Europe. 13 0. Okay. What did he do while he was in St. Louis? 14 A. I'm -- X believe he was in production planning, 15 manufacturing and production planning is I believe where he 16 was. 17 Q. So he was a production person as opposed to, say, a 18 purchasing or transportation or distribution person? 19 A. Eight, but he could have had responsibility for 20 transportation for a division, 1 don't know that. 21 Q. Which division would that have been? 22 A, For a division and, obviously, if it's -- well -- 23 Q. Do you know, first of all, Mr. Celette doesn't work 24 for Monsanto any longer? 25 A. I think he retired. RANKIN REPORTING & LEGAL VIDEO 55 RSV0022437 vwrur v 1 Q. Do you know how long ago? 2 A. S3 Colette, I'm-- I think he retired within the 3 last five years. 4 Q. Do you know where he lives now? 5 A. No* He last was in Springfield, Hass. 6 Q* Okay. Sir, I'd like to show you again Exhibit No. 7 1 which is the notice of deposition, the various matters 8 listed on it that you were to testify to today* 9 A. tJh-buh. 10 Q. Looking at Item No, X on page 2, I've asked you 11 some things about sources of supply of vinyl chloride 12 monomer. 13 A. Oh-huh. 14 Q. Is it fair to say that through your testimony 15 today, you've exhausted all of your knowledge on that topic? H MS. PARSONS% Objection, 17 Q. (BV MR. MINOPP) Shat is the area listed as Exhibit 18 No, 1, is there anything else that you can tell me with 19 regard to that? 20 MS. PARSONS: Objection* 21 WITNESS: No, 22 0, (B MR. MINOPF) Nothing else? 23 A. Nothing else that comes to mind. 24 Q. What about Item No. 2? 25 MS. PARSONS: Same objection. RANKIN REPORTING & LEGAL VIDEO 59 ,,,,,rA RSV0022438 1 Q. (BY MR. MXNOFp) And just taka some time to read it 2 to yourself before you answer. 3 A. No on 2* 4 Q, What about No. 3? 5 A. Well# now, does that include the stuff you showed 6 as today? 7 MS. PARSONSi Same objection. 8 Q. {82 MR, MINOFF) Let me take a look. What x*ra 9 asking you, sic, is have you already testified as to 10 everything that you knew when you walked in here? 11 MS. PARSONSt Objection. 12 Q. (By MR. MINOPP) As to now we* re talking about -- 13 A. No, 3? 14 Q, Item No* 3 15 MS, PARSONSI Objection. 16 MR, RENDINXt Objection. 17 WITNESS ; Yes, 18 Q (BY MR, MINOFP) Okay. Would the same -- would 19 your answer be the same, sic, with ceepect to Items 4 20 through 7? 21 MS, PARSONS: Same objection. 22 Q. (BY MR, MINQPF) That is what you've already23 testified to everything that you know? 24 MS. PARSONS: Objection, 25 MR. RKNDlKIt Objection, HAM IN REPORTING * LEGAL VIDEO 60 RSV0022439 MVVM. W *.** ** ^ ''+1 1 WITNESS: Through 7 I guess the anew r Is yes, 2 well, the answer Is yes* I've essentially told you 3 everything that I know* 4 Q. (BY MB. MINOFF) Okay* Are there any other 5 individuals, sir, who you did not speak to who you feel 6 might he able to supply some information as to any of those 7 seven matters that you just reviewed? S MS. PARSONS: Objection. 0 WITNESS: I don't believe so, 10 Q. (BY MR. MINOFF) Okay. Would it help you to look 11 at documents that I just handed you today, that is the ones 12 included in Exhibit 6, to determine whether or not there 13 might be other people with information? 14 MS. PARSONS: Objection. 15 WITNESS: 1 looked at the names and X, you 16 know, I really can't -- it's so long ago that it's --* my 17 assumption is that they couldn't remember any better than X 13 can* 10 MR. MINOFF* Off the record. 20 (Discussion off the record.) 21 MR. MINOFF: I don't have any further 22 questions for you, Mr. Pratte, thank you. 23 WITNESS: Okay. 24 MR, MINOFF: But these folks might. 25 CROSS-EXAMINATION RANKIN REPORTING 6 LEGAL VIDEO 61 RSV0022440 1 By MS. PARSONSi 2 Q. Just a couple of. Mr. Pratt, y name ia Sue 3 Parsons and I represent Dow Chemical and Union Carbide. I 4 just have a couple brief questions with regard to your 5 personal knowledge of the Dow contract, your personal S knowledge comes from the fact that you were responsible for 7 purchasing chlorinej is that correct? 8 A. That is correct, 9 Q. And your testimony that the Dow contract began in 10 1969 comes from the fact that you were required to find 11 other sources for the chlorine because Dow now came into the 12 picture! is that correct? 13 A. yes, I had to move the chiorine to other locations. 14 Q. And based on your personal knowledge, your 15 investigation as a representative of Monsanto, it is your 16 testimony that the Dow contract began in 1969? is that 17 correct? ia A. That's correct, 19 Q* And then referring to Exhibit -- what was that 20 exhibit number? Just referring to Exhibit No. 3 21 A. Uh-huh, 22 Q, -- where it has entries under Items 2, 3 and 4 23 referring to a contract dated 9/13/66, it's your testimony 24 that that would be incorrect based on everything that you 25 know today? is that correct? RANKIN REPORTING & LEGAL VIDEO 62 RSV0022441 1 A My assumption of that, that that date didn't match z anything and that the date was wrong, 3 0* Okay. To your knowledge, you have never heard of a 4 Dow contract that would have been in effect with Monsanto in 5 1966? is that correat? 6 A, MO. 7 MR. MINOPPi Objection to form* 8 0. (BY MS. PARSONS) That is correct? 9 A* That is correct. 10 MS. PARSONS* That's all I have. 11 CROSS-EXAMINATION 12 BY MR, REMDINI} 13 0. Mr. Pratte, I'm Joseph Rendini and I represent B.F. 14 Goodrich. I believe you said on direct examination that 15 other than the Indian Orchard plant in Springfield, no 16 Monsanto plant was using VCM as part of its production 17 process during the period that's relevant to this complaint, 18 which is from 1947 to 1974? is that correct? 19 A. That is correct* 20 Q, Do you know during that time period what or how 21 much VCM the Indian Orchard plant would consume on an annual 22 basis? 23 A. The best information I have is about 200,000,000 24 pounds. Q. And what's that based upon? RANKIN REPORTING & LEGAL VIDEO 63 RSV0022442 1 A. The amount of chlorine that is involved, people I 2 talked to* 3 Q. Do you have any knowledge as to what the -- what 4 the amount of VCM covered by the Dow contract was? 5 A* It -- the paper says was up to 250,000,000 pounds* 6 It would have covered that high. 7 Q. Bo that 250,000,000 pounds would have covered the 8 total amount of the total VCM requirements of the Indian 9 Orchard plant, would it not? 10 A. To my knowledge, yes. 11 Q Do you know what the annual production of the Texas 12 City plant was up to the time of its closing? 13 A. MO. 14 Q. Do you know if it was greater than 200,000,000 15 pounds per year? 16 A. That's the impression I received, that it was 17 greater than a 200,000,000 pound plant and, yeah, that's the 18 information I got. 10 Q. And what's that information based upon? 20 A. Conversations with people. 21 Q. And I understand -- understood your direct 22 examination testimony to be that prior to the shutting down 23 of the Texas City plant, you've had no information on any 24 VCM coming into the Indian Orchard plant from nonMonsanto 25 sources; is that correct? RANKIN REPORTING a LEGAL VIDEO 64 RSV0022443 1 A. That*a correct. 2 0* Right. After the closing of the Texas City plant 3 and after the Dow contract went into effect* which was about 4 the same time as I understand# correct -- 5 A ^ 6 Q, -- I also understand your direct testimony to be 7 that you have no information of any VCM coming into the a Indian Orchard plant from nonDow sources; is that correct? 9 A. That's correct. 10 0, So to the beat of your knowledge as a result of 11 your investigation# all of the VCM being used at the Indian 12 Orchard plant either came from Monsanto# itself# or from 13 Dow; is that correct? 14 MS. PARSONS: Objection. 15 WITNESS: Let's put it this way here# Dow had 16 the responsibility to supply. And beyond that I don't know* 17 Q, {BY MR. RENDINI) Okay. So let me rephrase the 18 question to state that during the relevant time period# the 19 responsibility for furnishing VCM to the Indian Orchard 20 plant was either Monsanto's up to the time of the Texas City 21 closing or after that it was Dow's; is that correct? 22 A, That's correct. 23 0, At some point it became the case that Indian 24 Orchard stopped using VCM; isn't that correct? 25 A. I don't believe they use it today. RANKIN REPORTING 4 LEGAL VIDEO 65 RSV0022444 I Q. So at some point they had to stop using it, right? 2 A* Yeah. 3 Q. So after Indian Orchard stopped using VCM, do you 4 know if any other Monsanto facilities continued to use VCM 5 for any purpose? 6 A* No, I don*t know of any other* 7 MR* RENDINls I don't have anything further. 8 REDIRECT EXAMINATION 9 BY MR. MXNOFFs 10 Q. Mr. Pratte, I just have a couple more follow-up U questions with respect to Exhibit No. 3. Do you have that 12 in front of you? There you go* 13 A. I have & copy here -- I have the original. 14 Q. Okay, Maybe we should have marked the original 15 one. Okay. Looking at Item No, 1, it says the third line IS down effective date, you see that? 17 A. Dh-huh. 18 Q, And it says next to that 19S60913 and that would 19 correspond to a date of September 13, 1966, correct? 20 MS. PARSONSi Objection, that is -- that's 21 what the date is. 22 MR. RENDlNlt Nh&fc line? Excuse me, what 23 line? Okay. 24 MR. filMOFFs The third line dovm Item No. 1. 25 MS* PARSONSj Again I*m going to object RANKIK REPORTING & LEGAL VIDEO 66 RSV0022445 1 because ha did not generate this document and has no 2 knowledge as to the document* The document speaks for 3 itself* 4 HR. RXKDINZt Same objection* 5 Q* (By MR. MINGFF) Now, It was your testimony earlier 6 and in response to Hiss parsons that you believe that that 7 date was in error? is that correct? 8 A. Well, down below when X read the Item 1, I didn't 9 catch the one on the top when it said 9/13/66 the item 2. 10 0* Where does it say that? 11 A. Right here. 12 Q. in the narrative portion? 13 A. In the narrative portion. 14 Q, Correct. 13 A. I looked at that and I says, well, jees, this is IS they're talking about the account that goes into effect on 17 1/1/69. I says, hell, that*s 3 years --* well, 2 1/2 years 18 ahead of time and they're talking about an amendment* 1 19 assumed it was the wrong date* 20 Q. Okay. 21 A. I thought it would be closer to the starting date* 22 Q. Okay, So that's what led you to conclude that the 23 September 13, 1986, date must have been a mistake? 24 A. That's -- yeah, that's what I thought, that's what 25 led rae to believe it was a typo* RANKIK REPORTING & LEGAL VIDEO 67 RSV0022446 X Q* Okay, Why don't we now look at Item Wo, 2, second 2 line where it says signature date* 3 A* Oh-huh. 4 Q* And that appears to indicate September 14# 1966* 5 ms * parsonst Obj c 11 on. 6 WITNESS: interpretation. 7 0. (BY MR. mnom mix, that's -- it says 19660914? 8 MS. PARSONS* Objection, 9 WITNESS: Yeah# that's the interpretation I -- 10 Q. (BY MR. MX itOPE) Okay. And it's your belief with u respect to that that that date is also in error? 12 A, X didn't look at -- I was looking at the body here. 13 This is the first time X've really focused on this 14 particular# you know# dating system so X really -- this -- I 15 really wasn't focusing on that. X focused on the date 9/13. 16 Q, Okay. But you see now that that is a 1966 date 17 which appears at various places on this document under Item 18 No. 1 as well as 19 A. Right, X see the numbers* 20 MS. PARSONS; Objection. 21 WITNESS* X see the numbers and X can put that 22 kind of an interpretation on it. 23 0. (BY MR, MINOFF) And by that# you mean that you're 24 interpreting that those numbers such as 19660914 mean a date 25 of September 14, 1966? RANKIN REPORTING & LEGAL VIDEO 68 RSV0022447 1 have to ask the person who does this documentation. 2 Q. X think you're right, is it fair to say, though, 3 sir, that you do not know for a fact that -- let's just take 4 that date that -- that 1967 date is in error or not? 5 MS. PARSONS: Ohjection, S MR. KBNDXtiXi Objection. 7 Q. {By MR. MINOFF) Is that correct? 8 A. X would say yes. 9 Q. you don't know that for a fact? 10 MS. PARSONS! Objection. 11 WITNESSi l don't know that for a fact* 12 Q. (By MR. MIMOFF) in fact, without seeing the actual 13 documents, you don't know for a fact whether any of the 14 dates listed for each of these items is accurately stated or 15 not? 16 MS. PARSONSj Objection. 17 MR. RENDINIi Objection. 18 WITNESSs That's true. 19 Q. (BV MR. MINQFF) And your understanding is that the 20 documents as indicated here have all been destroyed? 21 A. That's what I'm -- I was told. 22 MR. MiNOFFt Okay. I'm going to adjourn -- 23 MS. PARSONSs i have some questions. 24 MR. MINOFFj Oh, okay, 25 RECROSS-EXAMINATXON RANKIN REPORTING & LEGAL VIDEO 70 RSV0022448 1 BY MS. PARSONSi 2 Q. Sir, just referring to the same exhibit, you didn't 3 generate this document; is that correct? 4 A. No, I did not generate this document. 5 Q. And you had no responsibility for preparing it; is 6 that correct? 7 A. That's correct. 3 Q. And you don't know the reasons it was prepared; is 9 that correct? 10 A. I do know why it was prepared. It was in answ r to H my questions. 12 Q. As to your search for documents? ( 13 A. As to whether we had any contracts pertaining to 14 this subject. 15 Q. But because you didn't prepare this document, you 16 have no knowledge of how the computer system in this 17 document works; is that correct? 18 A. No. 19 Q. And so the numbers that are generated herein could 20 mean anything; isn't that true? 21 A. They must mean something. 22 Q. Well, I mean you'd been guessing if you told us 23 here today what exactly these dates meant; is that correct? 24 A. Yeah, yeah. 25 Q. Based on your personal knowledge and in your RANKIN REPOSTING & LEGAh VIDEO 71 RSV0022449 1 investigation as a representative of Monsanto, you have no 2 knowledge whatsoever of any Dow contract regarding VCM prior 3 to 1969; is that correct? 4 A* That's correct* 5 0. And to your knowledge, the only contract that existed between Dow and Monsanto began in 1969; is that 7 correct? 8 A, That is correct. 9 MS* PARSONS; Okay* That's all t have. 10 REDIRECT EXAMINATION 11 BY MR. J4XNGFF; 12 0* Just one more question before we adjourn, Mr* ( 13 Pratte. Did Ann Clark prepare this document? 14 A* To my knowledge. 15 MR* MINOFF; Okay* I'd like to adjourn now* 16 I'd like to leave the record open for further inquiry of 17 anyone else that Monsanto might wish to designate given the 18 fact that there were documents which X produced today that 18 Mr* Pratte, the designated witness, did not have an 20 opportunity to see and did not see prior to the deposition. 21 I'd like to give him and I guess Monsanto, itself, an 22 opportunity to review those for the purpose of determining 23 whether or not there's any further investigation which 24 should be done to respond as fully as possible to questions 25 within the areas listed in the notice. RANKIN REPORTING & LEGAL VIDEO 72 RSV0022450 1 MR. POWERS* Keith, those documents, you*re 2 aware where those documents came from. They came from 3 individuals* file in the Monsanto Indian Orchard plant. The 4 request was made for a search of Monsanto documents kept in 5 the regular course of business. This is the computer printout of the documents that were here. As you can see, 7 they were destroyed in December, Those were the documents 8 that we had. 9 Mr. Pratte made Inquiry of the individuals who are 10 with the company who had knowledge - that he felt had 11 knowledge so that he could obtain a familiarity beyond his 12 own personal knowledge with the subjects which you 13 identified. He has testified that since 19 -- from 1969 14 until the plant closed that Dow was a supplier of vinyl 15 chloride monomer, Dow was responsible. Pro 1969 Monsanto 16 was responsible for the supply of vinyl chloride monomer. 17 The documents which you showed him are not 18 inconsistent with anything that he testified to here today. 19 He indicated that at times there were occasions when 20 companies other than Monsanto, VCM made its way into the 21 Indian Orchard plant, A search has been made. We have not 22 located any other documents which would indicate when these 23 swaps were made, how much, who. You've come -- we*ve 24 provided you with documents which have come up which showed 25 on occasion these things happen and he's testified to that RAKKXH REPORTING & LEGAL VIDEO 73 RSV0022451 1 here today. 2 But, you know, there is no further investigation 3 which Monsanto can do. There are no further documents that 4 they are aware of which would give you with any greater 5 specificity when these swaps happened, with who, how much. And I don't know what else you're looking for. 7 MS. PARSONS* And I would object to having my 8 clients have to come back here again since Monsanto has 8 designated the person who they deemed to be or they deemed 10 to have the moat knowledge on this subject, U MR. REM)IN11 Same objection on behalf of 12 Goodrich and also an objection to the characterisation of 13 the evidenae by Mr. Powers. 14 MS, PARSONSt Same objection as well, 15 MR* POWERS; Well, if we can go off the 18 record. 17 (Discussion off the record. The deposition IS was adjourned, the exhibits were retained by counsel and the 19 signature was waived.) 20 21 22 23 24 25 RASKIN REPORTING & LEGAL VIDEO RSV0022452 1 STATE OS* MISSOURI ) } ss 2 CITY OF ST. LOUIS ) 3 I, Laura Lynn Murphy# Registered Professional 4 Reporter - Certificate of Merit, Certified Shorthand 5 Reporter, Rotary Public within and for the State of Missouri, DO HEREBY CERTIFY that pursuant to agreement 7 between the parties the aforementioned witness came before 8 me at the time and place hereinbefore mentioned, who was by 9 me first duly' sworn to tell the whole truth of his knowledge 10 touching the matter in controversy aforesaid; that he was 11 examined on the day, between the hours and at the place in 12 that behalf aforesaid; and his examination was taken in 13 shorthand and later reduced to print; that signature by the 14 witness is waived and said deposition is herewith returned 15 and filed with the court, 18 IS WITNESS WHEREOF, I have hereunto subscribed my 17 name and affixed my Notarial Seal this __ ,______ ________ day 18 of ____________________________ 1991. 19 My Commission Expires duly 10# 1993* 20 21 22 23 Laura Lynn Murphy, RPR-CM, CSR 24 25 75 RANKIN REPORTING & LEGAL VIDEO RSV0022453