Document bBgqOVe998kYE7YMRborJkwo

FILE NAME: A M M C O (AMC) DATE: 2000 Feb 8 DOC#: AM C012 DOCUM ENT DESCRIPTION: Legal - Book vs. Asbestos Dfts1(BHC) Book vs. Asbestos Dfts' (BHC) Craig Mountz Page 1 to, Page 194 2/ 8/00 Condensed Transcript and Concordance Prepared by: Tooker & Antz Court Reporting and Video Services 818 Mission Street, 5th Floor San Francisco, CA 94103 Phone: (415)392-0650 FAX: (415) 512-9543 BSA V-- Page 1 D U M titl. V. (bust. tll ut 1 <1*1 * non ni. CHIT K K tT lW t N M IM I I K m im ic * m m . rirrN r i" All (MNC110, CUXKWNIA VUOI M l. 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IO rata I h n rincara In 9141 H O tK l 4/10/49 tnacrurrian C*r4 iH O l i l i Page 5 ( IT rH rhttM l' THAT, purU4HC ca Kll i e . a( ta tin Papaiinan. an* an Turala?. Patcwary 0 , 2000. romanean i l ehr hour I 0*41 a.at.. a l IM p ia k , Palaci, Kann c A rm i* , na l a t i i r X . l a Cancar, W it rl c . an P rint**, C a llla rtu a , ba*r* *a . NANCY AIM u v e i . f a l l a u lh a rila l l * te in tr.t*r a ith a pucauani i * aclaan i o t i (bl *1 ha C a lite rn ia Cala C iv il Pc*s*tiii p c u tn a lly appear* ernie tanniti. c o lla * a 1 U .II by cha P la in er I. on* lh aal* a l t . , bran by mm l i n e *u ly * * , a t ihataupan manali* un*uoifuficl el r*t eorrpHut*troi*n,i<(lwrorni l, (o*rviaht.i* n u r . 222 buah Latvian pa*, vaia. CaUfarnt *4149. r a p t..a n il by ( M I R. IKIMtaa. ATTQAWCV at Law, appa.r. a* cruneal an ta h a l ( cha Plainer I f . u " frie r o* sefM icx. m m , w m n c Ira iK ia c a . C tU la n u t 111. it f t t a t M M by PAUL J . RICHIE. ATTcam AT IAV, appaila* or cannali on tabal I a t (niant Hannapry i m u r ir i c j , Inc. an* la M t p P irca. rwatUAV. au-xitr a j n o ire . 34 rum eh *etac. b a lu m ra . K ir r k u * , : i: a i* 3 0 U . *pr*nt4 t y ( a w j . pat. attoowk at Page 6 LA. appaarad r cauri*1 on batiali J'tl.tv f.n io Rannaaay IMuauaaa. Ine. an* A rn i* T a tti. li e r l t t r i or i m i i . aiMa. M U R it A SOHirn. r i sruth rta w tr acraai, r u m 1X90, lo * Anratae, a ll faina 1031|. rapraeinla* bjr TlKriAS M. vrCMIUJO*. ATTOPHCV AT tAU. ap pa iti* o* calmati an banali al Intanaani Canata! Nata*. Carpataci. u c r r i m u*iiT*.Tn. ru N U iM . evi* NcIAU, SIO NtfkU|niy U r t a i, t i f h t h fla a t, an TWHUh, ATTCOtICV AT U , appaa a* a n n u i an bada .a lu fa nla nia T ll- K a , Ine. ohi Manly Aula aupply Caopany. u * erpice* o r c h l i u u a askkzatc* . s T h M ii Nailon accia, *uka 19, an rranainao, C a lite rn ia 1413., lapraeania* by tAVH V. P01N, ATteamY AT LAV, appaara aa ouniat an badali a( l o l w l a a t Pala* Aula Linaup. la" r i t t i i r jACHatn e allacc. it o a la te rn i* Tifa, l i t e ria o c. an rru u ia ta . U te n ti 1410. praetma* ky EXCMAIU- f . 0UH0MT. A--fTOacv AT u t . app.ara* a caunaat on b a b a i( t p a iandane* Ralaar Ctatac C lip -, Kaeaar 4ypatn> Co.. lata., an* The Mu* Caopany. WCN I M e i. 21S a ttrry l U M , 20ih Page 7 AH fl r . le r o M K i , CaMMcai* K i l t . r fra rtn ta * by U l M im m i p. 11 1 . ATTcatrev at u . Ma*b ra a lly pla ta n i I j j la p ili a la la n .n l an eh* (car* an batiali a 91 A lll * lin a i. Page 8 (1) P R O C E E D I N G S (2) (Plaintiffs Exhibits A - T were premarked <3i for identification.) (415),392-0650 2/8/00 XMAX(W) (i) MR. BRUNO: Michael Bruno for Allied (si Signal. W e received notice of this deposition <6) yesterday by facsimile. I have attached the facsimile n> a s A -2 . Itwas sent at 4:59 p.m. That's indicated o m m the top of the facsimile. o ) There are depositions occurring uoi contemporaneously in Ohio. Counsel on this case is (i d there. I have pulled myself out of a meeting now. I (121 figured that would be quickerthan typing up and faxing U3i an objection. To that extent I object to the ( in deposition going forward and reserve all rights to <ui participate in it at a later time. And I would like a u s i copy. ( i n (Mr. Bruno leaves deposition.) as) MS. SHINING : Would the other counsel who d9> are present identify themselves and their clients for (201 the record. (2 D MR. ROTH: David Roth on behalf of Pete's (2 2 ) Auto Line-Up. (23i MS. BIHR: Heather Blhr for Borg-Warner < 2 0 Automotive. , (25) MS. CORM IER: Jennifer Cormier for Handy Page 9 (1 ) Auto Supply Company and Fel-Pro, Incorporated. (2 ) MR. DUM O NT: Richard Dumont for the Budd (3) Company and Kaiser Cement Company and Kaiser Gypsum id C ompany. (5) HUTCHINSO N: Tom Hutchinson for General < 0 Motors. (i) MR. DAY: Paul Day on behalf of Hennessy (8) Industries and Ammco Tools, (si MR. RIEHLE: Paul Riehle for the sam e no) parties. <n> / / / / (12) CRAIG M O U N TZ, (13) having been first duly sworn, testified as follows: H i) EXAMINATION BY MS. SHINING (is) MS. SHINING : Q. And, sir, my name is U6) Carolyn Shining. I represent Plaintiff, W endy Book, in ( i n this matter. Would you please state and spell your (18) name for the record. (is) A. Craig Edward Mountz, C-r-a-i-g E -d -w -a-r-d (2 ) M-o-u-n-t-z. (2 i ) MS. SHINING: W e do have a few other (2 2 ) preliminary matters to attend to. Before the (23) deposition began, counsel for defendant and I discussed (241 the assertion of an attorney-client privilege objection (25) in responses to standard interrogatories issued Page 10 (i) pursuant to General Order 129, and counsel represented (2 ) that there are no attorney-client-privileged documents 0 1 that are responsive to General Order 129 that are being (4) withheld and agreed to review a stipulation and return (5) it to counsel for Plaintiffs after the deposition. (8) Is that a fair and accurate assessment of m what we discussed? (8) . MR. RIEHLE: Close. W e agreed, and Page 1 to Page 10 i BSA Book vs. Asbestos Dfts' (BHCj Craig Mountz 2/8/00 XMAX(M) t I isj represented, that we do not have no) Q . W ere they within the last five case? privileged documents aoi outside of the context of documents exchanged or ( in relating to communications to our clients and between <121 other law firms and Hennessy/Ammco in connection with (i3> specific litigation; in other words, documents (14) generated in the context of a specific lawsuit, which a s i would be covered by, of years? ( ill A. Yes. (12) Q. W here was the most recent deposition taken? (is) A. Texas. (14) Q. Do you recall the name of the lawsuit or (is) litigation matter in which you were deposed? (15) A. Yes. as) Q. W ere either of these casqs w o rkers'(17) compensation claims? us) A. I don't know. (is) MR. RIEHLE: I'll represent for the record <201 there has never been a workers' compensation claim (2 i i filed against Hennessy or Ammco. course, the attorney-client and U6) work product privileges. Those documents customarily u?) there is not a privilege log (is) A. I believe it w as Loomis. (ID Q. Would that be spelled L-o-o-m-i-s? (2 2 ) MR. DAY: Relating to asbestos. (23) MR. RIEHLE: Relating to asbestos. Thank (24) you. prepared for, and we don't <ia> think that (is) A. I believe so. (25) MS. SHINING: Q. On any other those are actually within the scope of the (iw GO 129s. And with that caveat, we would make the !2 oj representation we do not have any privileged documents (2D responsive. (2 2 ) With respect to the stipulation, I agreed (23) that I would review it I didn't say I would return (24) it Review it and, if appropriate, I would sign it and (2S) return it Page 11 (D MS. SHINING: As a second matter, (is) Q. Who did you testify on behalf of at your (2 0 ) deposition? (2 D A. Hennessy Industries. (2 2 > Q. Do you recall what capacity you were (23) testifying as? As an employee? As a person most (24) knowledgeable? (25) A. Person m ost know ledgeable. Page 13 in Q. Can you recall the subject matter ofthat (2 ) lawsuit? (3) MR. RIEHLE: Vague. occasions Pag e 15 (D other than these two, have you ever been deposed? (2) A. No. (3> Q. Have you ever testified at trial? (4) A. No. (5) Q. Why don't I go over a few ground rules, (G) although it may be freshtn your mind, just to make m sure that you know. In California it's probably the (ei same as it with (2 ) regard to the verification of the (4) MS. SHINING: Q. Generally, was it Is in Texas. General Order 129 (3) standard related (si to asbestos litigation? (9i You understand that you've been interrogatories, I inquired as to where and (5i A. Yes. sworn to uo)' testify under oath, under us whether a.verification had been (D Q. W as it in state or federal court? penalty of perjury, under the (i d law softhe forwarded to our (s> office, as we have not (8) A. I don't kno w that. state of California, just as if you were in received one. (9) Q. Do you recall the nam e of the law ( 12) a court of law? (6) MR. RIEHLE: I will make the representation, m if we have not forwarded a verification, we will do so (3) in the near future. 4) MS. SHINING: And one further matter. W e uoi have marked Exhibit A to the deposition, which is the u u Notice of Deposition. There have also been Exhibits (1 2 ) A-1 and A-2. The Notice of Deposition is a c tu a lly -I (13) had it right the first time. The Notice of Deposition U4) is Exhibit A. Ammco Tools, Inc. objections to us) Plaintiffs Notice of Taking Deposition have been (i6> marked as ExhibitA-1, and Plaintiffs letter m i confirming the date and time of this deposition has lie ) been marked as Exhibit A-2. (14) W e have also premarked a number of documents ( 2 0 that were produced just prior to the deposition this 1211 morning as exhibits B through T. These are also Bates (2 2 ; stamped H 0001 through H 0128, and w e will be (23) discussing those in due course as we proceed. :24) Q. Sir, could you please tell me where you (25) reside. Page 12 D A. 9314 Navajo Drive, Brentwood, Tennessee (2 ) 37027. si) Q. And how long have you lived there? A. Two and a half years. `-I Q. And can you tell me, have you been deposed (6) before? A. Yes. :3; Q. How m anytim es? ;si A. Tw ice. firm that (io> represented Hennessy Industries in that case? (ID A. Locally? <12} Q. In Texas. <13} A. No, 1c a n 't rem em ber his nam.e. <14} Q. Can you recall more specifically when that (isi deposition occurred? (16} A. It w as last year, '99. <173 Q. Do you know if that lawsuithas been (ie> resolved? (IS) A. 1think so. I'm n o t sure. <20] Q. Has it settled, or has it gone to jury, do (2D you know? (22] MR. RIEHLE: Calls for speculation. (23) MS. SHINING: Q. If you know, sir. (241 A. 1think so, but I'm n ot sure. 12b) Q. The next most recent deposition prior to the Page 14 id one in Texas, do you recall when approximatelythat (2 ) occurred? (3) A. '97,1 believe. (4) Q. W ere you also representing Hennessy (si Industries as its person most knowledgeable? <6) A. Yes. m Q. Where did that deposition occur? (8| A. It w as also In Texas. <$) Q. Do you recall the court In which the case was uo) filed? W a s it in state court or federal court? (i d A. I don't know. (12) Q. Do you recall the name of the case? (is) A. I don't rem em ber that nam e. (14) q . W as it an asbestos-related (do A. Yes. (14> Q. You understand that our court reporter here us) will be transcribing everything that we say down into U6) written form? a i l A. Yes. (isi Q. And you understand that you will receives (is) copy of the transcript and you will be able to correct (2*) it if there are any errors or mistakes or misspellings? (2 D A. Yes. (2 2 ) Q. And you understand that if I ask a question (23i that you don't understand, you have the right to ask me (241 to rephrase it or restate it in a different way? 125) A. Yes.*45 Page 16 i D Q. And you understand that at any time, if you (2) need to take a break, just say so, and we can take a (3) short break? (4) A. Yes. (5) Q . And have you taken any medication today that si would affect your ability to recall facts? id A. No. isi Q . Can you think of any other reason why the (4i deposition shouldn't go forward today? uoi A. No. (i d Q. I would like to ask you a few questions 2 1 regarding your educational background. Just (13> generally --or, actually, specifically, where were you (i4i born? (i5> A. Kendallvilfe, Indiana. (15) Q. W hatyear? (ID A. 1953. Page 10 to Page 16 (415) 392-0650 Tooker & Antz SA Book vs. Asbestos Dfts' (BHC) Craig Mountz 2/8/00 XMAX(3/3) 'u is i Q . Did you attend school in Kendallville? us) A. Yes. (2 0 ) Q. And djd you goto high school there? CD A. Yes. :j 2) Q. W hat year, if you recall, did you graduate? (23) A. 1971. (24) Q. Did you attend a college or university after (25) graduating from high school? Page 17 1) A. Yes. (2) Q. W here was that? r*i A. Purdue University, Lafayette, Indiana. >4) Q. And what did you study at Purdue? <5i A. M echanical engineering and technology. ti) Q. Is that different from mechanical d ) engineering? 3) A. Yes. (I Q. Can you explain generally how that's u o different? u u A. At that time the engineering deg ree w as ua> basically more theoretical and the technology degree 13) w as m ore hands-on. (14) Q, Did you obtain a bachelor's of engineering? (isi A. Yes. US) Q. A B.S.M.E.? UT) A. M.E.T. U3) Q. W hat year was that? us) A. 1975. (2 0 ) Q. W ere you employed during this time in an C2 i) engineering related field? (22) A. During (23) MR. RIEHLE: Vague. (24) MS. SHINING: Q. W ere you employed during (2si your years at Purdue University for.an engineering Page 18 u ) company? (2) A. No. 3) Q. After graduating from Purdue University, did (4) you attend another institution of higher learning? (5) A. No. 3) Q. You haven't taken any master's courses? :") A. No. 3) Q. After graduating from Purdue University, did (S) you obtain a full-time job? uo) A. Yes. u i) Q. W here was that? U 2 ) a . Am m co Tools. us) Q. W here were they located at that time? u<>. A. North Chicago, Illinois. U5i Q. Do you recall the address? U3) A. 2100 Commonwealth Avenue. (H i Q. Do you know how long they had been there when uat you joined them? us) A. N ot a t that particular site. (20) Q. Do you recall the name of your "product (23) support," w ere you immediate u d supervisor? responsible for working with the <24i (2 2 ) A. Yes. Bob Hampton. (23) Q. Did you have a title when you process engineers, or would you be responsible for (2S> working with outside joined Ammco? customers who had and were using t (24) A. Product engineer. 25) Q. How long did you have that title? Page 21 Page 19 id the brake lathes? (2 ) A. M ainly inside. id A. I'm not sure. (3) Q. So sometimes you would work (2 ) Q. W as it more than five years? with outside (4) customers? (3) A. Probably. (5) MR. RIEHLE: Misstates the (4) Q. Can you describe generally your testimony. job duties (5) and responsibilities? (6) TH E W ITNESS: Sometimes, but (si A. It w as for,total product design. rarely. That w as u i basically the drawings, (i) MS. SHINING: Q. Do you recall the concepts, supervised the (3) prototypes next 8) title that you had at Ammco after being made, and helping th a t project get product engineer? (3) into full production, and then support (9) A. It w a s pro ject engineer, of the product uoi after that, uoi Q. Project engineer. Thank you. I u ii Q. Can you recall how many flipped the ( iu page. employees Ammco Tools (12) had at that (12) A. No, the next title w as project time? (13) A. Probably close to 500. (13) MR. RIEHLE: Product, project. U4) Q. Do you know how many of those, (14) MS. SHINING: Q. I thought I was approximately, usi were engineers? just (15) mishearing. Do you recall generally U6) A. P ro b a b ly a b o u t 15, including what year you (16) becam e a project tooling in ) engineers, engineer? usi Q. W ere you employed by an (i d A. Might have been mid '80s, engineering us> department? something like uei th a t (20) MR. RIEHLE: Vague. (is) Q. How did your job duties differ? (2ii MS. SHINING: Q. W hatw asthe (20) A. Not a w hole lot, but basically I name of your (22) department? w ould head <2 i) up a project, rather than (23i a . Okay. Engineering, product just doing a piece o f the (2 2 ) design like engineering. (24) Q. W as that a subset of a larger before. (23) Q. W ere you also responsible for a engineering (25) department or research variety of (241 different products? and development department? (25) A. Yes.*(i)48123690 Page 20 (i) A. No, that w as just to distinguish it from (2) process engineering, which w as another group. (3) Q. Those were the folks in manufacturing? (4) A. Right. (5) Q. W ere you responsible for a particular (6) product, lifts or lathes or tire changers? (7) A. A t that tim e it w a s p retty much w hatever () project w as up. So, no, it w as everything. (S) Q. Did you work on brake lathe design atthat (io) time? (in A. Yes. (1 2 ) Q. Approximately what percentage ofyourjob U3) responsibilities involved brake lathe design? (14) A. Maybe a third. (is) Q. When you said you were responsible for <ie> customer support - is that what you said, after the (i d product w as(18) A. Product support. (is) Q. Product support? (20) A. If they would have (2 D MR. RIEHLE: There is no question pending. ( 22) MS. SHINING: Q. W hen you say Page 22 (i ) Q . And did those products include the brake (2) .lathes? (3i A. it w a s m ostly w heel alignm ent at that time. (4) Q . Do you know who was primarily responsible or (s> which project engineer was primarily responsible for (6) brake lathe project engineering during that time d ) period? (8) MR. RIEHLE: Vague as to time. You're going (9) to have to break it down, (iu) MS. SHINING: Q. How long were you a- ( i n project engineer? (12) A. Until '87. (13) Q. From the mid 1980s through 1987, do you know <u> who was primarily responsible for brake lathe project (isi engineering? (16) A. Leo Bogaerts. ( in Q. Can you spell his last name? as) A. B-o-g-a-e-r-t-s. (19) Q. Is he still employed by Ammco? (20) A. No. (?i) Q. Do you know where he is employed? (22) A. I believe he is retired. (23) Q. Do you know approximately when he would have (241 retired? (25). A. About 1988. Tooker & Ante (415) 392-0650 Page 16 to Page 22 Book vs. Asbestos Pits' (BHC) Craig Mountz Page 23 U i Q. From 1975 through the mid 1980s, do you know <2 ) who the project engineer was who was primarily (3) responsible for brake lathe project engineering? to A. Primarily Leo. (Si Q. After 1987 what was your job title? (si A. Engineering m anager, wheel alignm ent n> equipm ent. (ei Q. Wheel alignment? (5) A. Yes. (10) Q. You're closer to the court reporterthan I (U> am, so I might be asking you to speak up a little bit. (i2 j How long did you have that title? (13) A. About 1994. (14) Q. Did you have an immediate supervisor? as) A. During w hat period? (ii Q. From 1987 through 1994, as the engineering ( in manager. (lei A. (had many. os) Q. Hpw did the supervision of your job -- let me (20) see if I can state this. W ere you supervised by (2i> officers of the corporation, or was there a further (2 2 ) engineer who was your immediate supervisor? (23) A. Vice president o f engineering. (24) Q. W as that the same person throughout the time, <25) '87 through'94? Page 24 (1) A. No. 12) Q. Who was it to begin with, In 1987? C' J A. Ron Hicks. C4) Q. Is he still employed by Ammco? (5) A. No. 16) Q. And when I say "Ammco," you understand that I n i am referring to - oh, you don't. Your counsel is () shaking his head. (5) MR. RIEHLE: I don't understand that, tiaj MS. SHINING: Q. I'm saying Ammco because d i) In part that's what you identified as your first (12) employer. But can you just answer simply who Ammco (13) Company was in the 1970s. (14) MR. RIEHLE: Let me make -- I will put (is) something on the record. It was Ammco Tools, Inc., (iei acquired by Hennessy In or about August 1987. ( in Subsequently, Ammco became a subsidiary of Hennessy. iis) MS. SHINING: Now It's called Ammco, Inc. 15) MR, RIEHLE: Ammco still is a subsidiary of (201 Hennessy. It's still Ammco Tools, Inc. It's still a (si) subsidiary of Hennessy. (2 2 ) MS. SHINING: Q. Is Mr. Hicks still an (23) employee of either Ammco or Hennessy? !2<) A. No. (2 =) Q. Is he retired? Page 25 u i A. No. (2 i Q. So he left the company at some point? (3) A. Yes. (4) Q, Do you know about when that was? (5) A. Around '91. 16) Q. Are you still in contact with Mr. Hicks? Hi A. No. (8) Q. W as he the vice president of engineering from (9) '87 through'91? no) A. I'm not sure abo ut the '91 date, but, yes, u u from '87 to som ew here in there. (12) Q. W ho was his Immediate successor? (in A. I think, Rob Williams. (14) Q. And howlong did Mr. Williams hold that (is) position? (is) A. Year and a half, two years, i n i q . W as there a third person to hold that after (18) Mr. Williams? (15) A. Yes. (2 0 ) Q. Must be a tough job. (2 D A. I'm not sure abo ut the order, but there was (22) Lanny Prewitt. (23) Q. And was there a further person, again up (24) through 1994? (25) A. Oh, through '94, that's all I can rem em ber. Page 26 (i) Q. Is Mr. Pruitt still employed by either Ammco (2) or Hennessy? (3) A. No. (4) Q. Is he retired? (5) A. No. (6) Q. He's left both companies? m A. Yes. (8) Q. Do you recall about when he left? {&) A. Probably around '97. (10) Q. Are you in contact with either Mr. Williams ( in or Mr. Pruitt? (12 ) A. No. (13) Q. Can you describe for m e briefly your job (14) responsibilities as the engineering manager. (is) A. I was responsible for all wheel alignm ent <i6> products a s fa r as project engineering. That w as <n) design, drawings, instruction manuals, product support (is) Q. W ere you responsible from 1987 through 1994 (isi for any brake lathe projects? (2 0 ) A. No. (zi) Q. During that time period, do you know who was (22) responsible for brake lathe? (23) A. Bob H am pton. (24) Q. He was an engineering manager also? (25) A. Yes. Page 27 ( i ) ' Q. Do you know if he was the engineering manager (2 ) prior to that time period, from 1971 through 1987, for o> Page 23 to Page 29 (41S) 392-0650 2/8/OJ XMAX(4I4) brake lathes? (4) A. Yes, he w as. (5) Q. Is Mr. Hampton still with Ammco or Hennessy? () A. No. (7) Q. Is he retired? (8) A. No, he's deceased. (9i Q. Do you know who was Mr. Hampton's immediate do) successor? ( in Actually, I should go back. After 1994 - (12) which is all we're talking about, just to keep (is) paralleling with your job description and not confuse (14> things. But after 1994 did Mr. Hampton continue to be (15) the engineering managerfor brake lathes? (16) A. I fo rg et the d ate that he died, b u titw a s (in som ewhere right around '94. (is) Q .' He passed away still working on the project? as) A. Yes, he w as still head o f brake products w hen (2 0 ) he died. * (2D Q. Do you know the name of the person who (22) succeeded him? (2 3 ) A. C huck Cunningham. (24) Q. Is he still employed by Ammco? (25) A. Yes. Page 28 (i) Q. Does he still have the title ''engineering (2 ) manager"? (3) A. No. (4) Q. Who succeeded him after he was either (5) promoted or moved on? (6) A. I'm trying to rem em ber, (7) Q. W e 'll keep going, and maybe it will come back <e> to you. Do you know Mr. Cunningham's current title? (5) MR. RIEHLE: The witness has already uo) testified he is no longer employed at Ammco. ( in MS, SHINING: Cunningham. (12) THE W ITN ESS: He just got a new one. I'm U3) not sure what his newtitle is. (14) MS. SHINING: Q. After 1994 what was your us> job title at Ammco? (is) A. Senior project engineer, d i) Q. And how did the job responsibilities differ (is) from before? (is) A. From then on I worked only w ith brake (2o> products. (2 D Q. Is that your current title? (2 2 ) A. Yes. (23) Q. Do you have engineering managers that work (24) underneath you? (25) A. No.*347 Page 29 i d Q. W as there a change in the way the project (2 ) engineering department organized itself? (3) A. Yes. (4 ) Q. W hat are the titles of the engineers who work (5i immediately underneath you now? () A. No one w o rks und er me. (7) Q. Do you have a staff of technicians? Tooker & Antz BSA Book vs. Asbestos Dfts' (BHC) Crafg Mountz 1bi MR. RIEHLE: Vague. (S-i THE W ITNESS: W e have one machining uoi technician. ( i n MS. SHINING: Q. How long has he been with u zi Ammco? (im A. I'm guessing, ten years. ( i t i Q. Can you recall his name? (is) A. Melvin Willis. (16) Q. Does he have any engineering degrees? (in A. No. (iB) Q. Does he have any technical degrees or ( if) vocational degrees that you know of? (2 0 ) A. I don't believe so. (2 D Q. During the 1970s, do you know approximately (22) how many people were working on brake lathe projects? (23) MR. RIEHLE: I'm sorry. W hat year was that? (24) MS. SHINING: The 1970s. (25) MR. RIEHLE: Could you repeat the whole (9) MR. RIEHLE: The question is vague and do) ambiguous. Are you asking, at any one time, how many <u> employees were working in that capacity? Is that what ( i 2 > your question is? (13) MS. SHINING: Right. I could break it down (14) by year, but that would take ten questions. (is MR. RIEHLE: I think your question was, at (16) any one, time, on average, how many employees were a v working in the capacity of manufacturing. ( iBi MS. SHINING: Q. W e could start with 1971, (15) if you know. (2 0 ) A. No, I couldn't break it down. Y o u 're talking <211 ab o u t the people in the shop and everybody? (2 2 ) Q. People in the manufacturing end. Do you have (23) any knowledge at any time with regard to the numbers of ( 2 0 people who were working in manufacturing in brake 12s? lathes? And just it's a "yes" or "no," and then I can Page 30 ( li question. (2) MS. SHINING: Certainly. c<) Q. Do you know how many people were working on (4) brake lathe projects durlngthe 1970s? (Si A. Probably abo ut five. (6) Q, And that's in the project engineering o> department? (a; A. Yes. (5) Q. Do you have any idea how many people were no) working on brake lathe projects in the process (i d engineering department? (12) A. It varied, but between one and three. (13) Q. Is there another department that would be (14) then responsible for the direct manufacture of the <is> product itself? (i6) A. Yes. It would be manufacturing, o r (in operations. (16) Q. Which Is it? Is it specifically <is) manufacturing or operations? ( 2 0 A. The sam e people, in the sam e departm ent, ju s t (2 1 ) changed title fo r som e reason. Used to be (2 2 ) m anufacturing. N o w it's called operations. (23> Q. Updated words? (24) A. Right. (25) Q. How many people during the 1970s were Page 31 1 : involved in manufacturing in brake lathe products? (2 ) MR. RIEHLE: Overbroad. In any one year? 0 1 The total number of employees throughout that time U) period? (5) MS. SHINING: Q. Would you be able to (6) break it down by year, or do you have any knowledge n> that would allow you to break it down by year? (3) A. I'm n ot sure the question that you're asking. Tooker & Antz Page 32 (1) break it down further to what year you started to know, (2 ) and then we can be specific. (3i MR. RIEHLE: Vague. (4) MS. SHINING: Q. W hen you were product (5) engineer, did you know how many people were working in (6) manufacturing in brake lathes? (7) A. N ot exactly. (8) Q. W hen you became a project engineer, did you O) have any knowledge as to how many people were working uoj in manufacturing in brake lathes? ( ii) A. Not exactly. ( i2 > Q. W hen you became an engineering manager, did U3) you have any knowledge of how many people were working (14) In manufacturing for brake lathes? (is) A. Not exactly. (1 6 ) Q. And this is because you were working (i7) primarily on the wheel alignment products? Is that (18) why? (is) MR. RIEHLE: Argumentative. (2 0 ) TH E W ITNESS: In the shop people don'twork (2 D just on one product, they work on many. So that's why (2 2 ) I'm having difficulty. It might be 75 or 100 different (23) people might be involved in making parts or assembling (24) from any one year. (25) MS. SHINING: Q. SoAmmco's manufacturing Page 33 (1 1 wasn't specifically broken down into number of lines (2 ) for each project, and people worked on a number of (3) different projects throughout the course of a year? (<) A. T h e y w ere n ot broken dow n yes, they w orked (5) on m any things. (6) Q. In the 1970s, how many people were employed d ) in the manufacturing department, generally, then? (8) MR. RIEHLE: Vague. (415) 392-0S5O 2/8/00 XMAX(5/5) (9) TH E W ITNESS: Around 200. (10) MS. SHINING: Q. Did that number increase <n> or decrease in the 1980s? (121 MR. RIEHLE: Sam e objection. (i d THE W ITN ESS: I would say Itjvas probably (14) about the same. (is) MS. SHINING: Q. Andwhatisthe current (1 6 ) number of employees at Ammco Involved in manufacturing? (17) MR. RIEHLE: Calls for speculation, (is) TH E W ITNESS: By "Ammco" do you mean the (19) total company? (2 0 ) MS. SHINING: Q. I will try and be (2 1 ) specific and refer to Ammco, not Hennessy. So at (2 2 ) Ammco? (23) A. About 4S0. (24) MR. RIEHLE: Sam e objection. (25i MS. SHINING: Q. And, again, I don't want Page 34 (ii you to speculate. If you think a question does call (2 ) for speculation, feel free to say so, and I will try (3) and be more specific. (4) A. Okay. (5) Q. Have you taken any seminars related to your (sj profession - wait. So you're a senior product manager m now; is that correct? (8) A. Senior pro ject engineer. (9) Q. And who is your immediate supervisor today? (18) A. Reggie Jones. ( in Q. Has Mr. Jones b e e n - I assume It's Mr. (1 2 ) Jones. (13) A. Yes. (14) Q. Has he been your supervisor since 1994? (is) A. No. (16) Q. W ho was your supervisor in 1994? <i7) A. T h a t w a s Chuck Cunningham , (is) Q. W as there another person after Mr. (19) Cunningham, before Mr. Jones? (2 0 ) A. Yes. (2 D Q. And that was? (2 2 ) a . T here again, I f s been many. (23) Q. Could you please list them to the best of (24) your memory. (25) A. I have to think a minute. Don Green was*(i)389 Page 35 (i) another o n e .! think I mentioned Lanny Pruitt before. (2 ) T hat's all I can rem em ber. (3) Q. W hat are these individuals'titles? Did they (4) have the sam e title throughout the time period they (5) supervised you? W ere they all vice presidents of (6) engineering? m MR. RIEHLE: Vague. (8) TH E W ITN ESS : No. (9) MS. SHINING: Q. Can you recall their n o various titles? (in A. Don Green was an engineering manager. Chuck (12) Cunningham w as an engineering m anager. I think the ii3> others w ere Page 29 to Page 35 Book vs. Asbestos Dfts' (BHC) Craig Mountz 2/8/00 XMAX(S)S) vice presidents. ( i n Q. W e have marked as Exhibit A a accurate to say? u<> Q. Before, you were an engineering copy of (is) Plaintiffs Notice of Deposition. I (is) A. Yes. manager, (is) Then was it a promotion to would like you to ns> take a look at that and (2 0 ) Q. W hen youtook over for Mr. senior product engineer, u> butthenyou let me know if you have seen (zoi that Hampton, did you 1211 come Into were supervised by engineering managers. document before. possession of the files that he had created? i n j Can you explain that a little bit? (2 D A. Yes. (2 2 ) A. Yes. tier MR. RIEHLE: Compound, (22) Q,And have you in fact actually (23) Q. W e re those -- actually, let me a s ) THE WITNESS: With changes in read the entire (23) document? back up even a (2 4 ) little bit more. Is management, <201 the department that I (24i A. Yes. Ammco still located in North (25) Chicago? was over, wheel alignment, was (2D de-emphasized. At the same time, that's (25) Q.Can you recall the first time you saw what we Page 40 when Bob (2 2 ) Hampton passed away, and so I then became over brake (23) products, Page 38 (1) A. No. (2 ) Q. Do you know when they moved basically taking what Mr. Hampton was (1) have marked as Exhibit A? from the North (3) Chicago location? doing, (24) except not with a manager title. (2 ) A. Yesterday. (4) A. It m oved In pieces. It w as (25) MS. SHINING: Q. Did your job (3) Q. W a s yesterday the first time you probably com plete <sj in *95, Page 36 spoke with (4) anyone with regard to the deposition? somewhere around there. (6) Q. W hen did the move start? (D responsibilities assume the same job (5) MR. RIEHLE: You can answer that (7) A. 1987. responsibility (2 > that Mr. Hampton had? question (6) "yes" or "no." Clearly, the (si Q. What's the current address for C <i) A. Except fo r supervisory. witness spoke to someone (7) In advance of Ammco? 1 Q. How many persons did Mr. getting to San FrancISco. (s> A. 1601 J.P. Hennessy Drive. Hampton supervise? (8) THE WITNESS: Right. That's what I (ioi Q. And the city? y (5) A. It varied, but normally about was (5) thinking. I spoke to Paul Day before ( in A. L a V e rg n e , Tennessee. six. about making (ioi arrangements to get out ( i2 > Q. W ere Ammco Tools' tci Q. W as there a company rationale here. manufacturing facilities <i3i located at the for the (7i downsizing? ( i l l MS. SHINING: Q. Sothat'stw o North Chicago location? (8) MR. RIEHLE: Calls for speculation, days ago? (14) MR. RIEHLE: Vague as to time. vague (5) and ambiguous. Do you know? (1 2 ) MR. RIEHLE: No. Misstates the (15) MS. SHINING: Q. In 1971? (io) THE W ITNESS: It wasn't really a testimony. (is) A. Yes, there w ere tw o plants ( i n downsizing, it was just a reorganization. (13) THE W ITNESS: No. there. Rather than (12) having a manager and (14) MS. SHINING: Q. When was the (17) Q. W h at were the two plants people working under him, it was (i d just first time usi you had knowledge that you relating to? pretty much fewer managers and eveiybody would be attending this (iej deposition? (is) MR. RIEHLE: Vague. in kind tu> of like a pool of engineering. in ) A. Probably a month ago. (is) MS. SHINING: Q. Did the two (15) MS. SHINING: Q. How many (is) Q. And you did not have the Notice plants have a 1201 separate function, or persons then i.isi would be in the pool? of Deposition (is>) atthetim e? were they just two facilities iz d again (17) A. During which tim e period? (zoi A. I don't think so. devoted to a variety of products? (lei Q. | guess this is since - this 121) Q. Did you review any documents (2 2 ) A. T h e first plan t w a s an old reorganization us) occurred in 1994; Is that after being <221 notified that you would be plant in North . (23) C hicago, and they correct? attending this deposition? started building a n ew com plex a few (2 0 ) A. Well, w e have had lots o f (23) MR. RIEHLE: W e can get Into (2 4 ) miles a w a y. I think it w a s technically them , but at the (2 D tim e it would be attorney-client (241 privilege and work W aukegan, (25) Illinois. B ut then they abo ut 16 or 18. product Information here, but I will (zsi make eventually m oved everything (2 2 i Q. And that's in 1994? (23 j A. Yes. (24) Q. How many is it today? (25; A. Nine. a representation that witness has reviewed the*1278(i)34 Page 39 Page 41 (i) out to the new facility. (2 > Q. Do you know the address of the Page 37 (1) documents that Hennessy is producing. (2) MS. SHINING: , Q. Other than the W aukegan site? (3) A. I think it ac tu a lly still kept the i d Q. Again, another kind of documents O) that have been produced address, m i the original address, for background question: (2 ) Did you speak today, and you can take a look u> at them if mailing purposes. with anyone in preparation for today's 0 1 it would assist your memory, have you (5) (Si Q. Do you know the physical deposition? reviewed any other documents in address of the () plant? (4: MR. RIEHLE: You can answerthat preparation for today's (si deposition? in A. Road 137 and 41. question (M and that question alone. It's a (7) A. Yes. (8) Q. ! lived in Chicago for a long time. "yes" or "no" (6) question. (8) Q. W hen do you recall first reviewing You get <si lost up there real easy. Is the (: TH E W ITNESS: Yes. documents is) in preparation for this Waukegan facility <10) still in operation? (E) MS. SHINING: Q. And can you tell me who ((-) you spoke with? deposition, what day? <io> A. Yesterday. (i d A. No. (12) Q. And the old plant, 1200 (19) MR. RIEHLE: You can answer who ( ii) Q. I just want to make clear, you Commonwealth, that's (i?> closed also? you spoke ( i n with. I'm being careful to didn't review 112) any documents before (14) A. Yes. protect the attorney-client (121 and work yesterday? (is) Q. Do you recall how large the old product privileges here. (13) A. No. plantwasin 161 square feet? (13) THE W ITNESS: Paul Day and Paul (14) Q. Approximately how long did you (17) A. I h ave no idea. Riehle. spend usi reviewing documents? usi Q. Do you know how large the new (14) MS. SHINING: Q. D idyouspeak with anyone (i5) else? (is) A. Probably eight hours. (17) Q. W hen you took --can I say you facility was in (is square feet? (2 0 ) A. No. (16) A. No. took over for tie) Mr. Hampton? Is that (2D Q. Do you know how large the Page 35 to Page 41 (415) 392-0650 Tooker& Antz Book vs. Asbestos Pits' (BHC) Craig Mountz Current facility is (22) in La Vergne, Page 44 Tennessee? <23> A. Not really. 1 2 0 Q. Can you estimate the percentage in any of <2s> these facilities of (1) A. Yes. (2 ) Q. W ho was that person? (3j A. I d on 't rem em ber. (4) Q. W a s it your supervisor? office space to manufacturing (si A. I don 't rem em ber w here it c a m e Page 42 ill space? ` to MR. RIEHLE: Calls for speculation, o ) TH E W ITNESS: Just as a guess, to MS. SHINING: Q. I don't want you to from . < 6) Q. Do you remember how much it was? (7) MR. RIEHLE: Vague. to) T H E W ITNESS: Maybe a box full. (9i MS. SHINING: Q. And you're guess. indicating uoi approximately what? Two (5) A. I have no idea, to Q. Again, going back to Mr. Hampton's files, m when you, I believe,-in 1994, assumed his job cat responsibilities, can you recall approximately how many (9) files -- and, again, if you can be more specific. I no) can guess at how the files were organized in a million i n i questions, but can you describe for me approximately C 2 ) how many files of Mr. Hampton's came Into your ri3) possession? (14) MR. RIEHLE: Overbroad, vague and nr.) ambiguous. Calls for a narrative, t i i ) THE W ITNESS: I might have ended up with a t m three-or four-inch stack of items that I kept. us) MS. SHINING: Q. How much was there usd originally before you went - 1 assume your answer (20) means you went through his materials and discarded (2i> some; is that correct? (2 2 ) MR. RIEHLE: Calls for speculation, vague <23) and ambiguous. feet? Three feet? t i n MR. RIEHLE: Are you Indicating the size of (1 2 ) a box? (13) T H E W ITNESS: Yes. d o MS. SHINING: Q, Abouthowbig was the box ns) in inches or feet? (16) A. Normal bankers, called bankers boxes. ( i i) Q . And when you reviewed that material, what aei process did you go through to decide what to keep and (19) what to discard? (20) A. I discarded anything that w ere ju s t notes o r (2 i> sketches th a t he had m ade. I ju s t kept the item s th a t (22) had facts or figures. (23) Q. Did you discard any specifications? (24) MR. RIEHLE: Vague, overbroad, not (25) reasonably calculated. Presumably we are going to have Page 45 24) MS. SHINING: I assume he knows what he did (25> when he - (1) to tie this topic into something that's related to this (2 ) lawsuit. Page 43 i d Q. Did you take over Mr. Hampton's physical o office? (3) A. No. t<i Q. So you went into his office and looked (5) through his files? () A. Others did that, and I basically ju s t ended (7) up w ith w h at w as le ft over, (at Q. Do youknow who those others were? W ere they (> your supervisors? (lot A . I'm not sure who all it w as. t i u Q. Do youhave any recollection of who it would (12) have been? U3) MR. RIEHLE: Don'tspeculate. u<: MS. SHINING: Q. Do you have any m : recollection of how much material they went through? u i: A. No. :: :: MR. RIEHLE: Calls for speculation, (ic: MS. SHINING: Q. I assume, after 25 years (19) of running a department, he would have a lot of things, (2 0 i more than six or seven inches. (2 D MR. RIEHLE: Calls for speculation. (2 2 ! Counsel's assumptions are irrelevant. No question (23) pending. (3) M S. SHINING: The design of brake lathes, I (4) think, is the topic of the lawsuit. So, if there were (S) any specifications that got discarded with regard to (si older products, I think that's absolutely directly d ) relevant (a) M R. RIEHLE: You asked about if he discarded m any specifications, without specifying what topic it uo) related to. ( i ll W e can dispute what the topic of the lawsuit ( i 2 ) is, but did you discard any specifications with respect (i3> to brake lathes or any other - strike that. I'll let <i4) you ask. (is) MS. SHINING: I think that's a fair U6) restatement of my question. I'm talking about brake ( in lathes because it's.about Mr. Hampton's files, and he (i8) said previously that Mr. Hampton was primarily (is) responsible for brake lathes. I would be willing to (2 0 ) limit my question to that. (2 1) TH E W ITNESS: No. I didn't discard any (2 2 ) specifications. (23i MS. SHINING: Q. Did you discard any (24) catalogs or product --well, did you discard any (25) catalogs? ( 2 0 MS. SHINING: Q. So someone brought to you (=si materials from Mr, Hampton's office; is that correct? Page 46 (u MR. RIEHLE: Overbroad. (2) T H E W ITNESS: Yes. (3) MS. SHINING: Q. Do you recall the Tooker Si Antz (415) 392-0650 2/8/00 XMAXjOT) year (4) that those catalogs were dated? (5) A. T h e y w e re m ainly source catalogs, not o u r <> catalogs, m Q. Do you recall the names of any of the vendors (8) w h o s e -th e s e were ,, vendors, then? (9) A. R ig h t no) Q. Do you recall any of the names of the vendors ( i n whose catalogs-- (12) A. No. (13) Q. Can you recall any of the other types of (14) documents that you discarded? I believe you mentioned (isi notes, sketches, and now catalogs. Can you think of (16) any of the other kinds of documents you discarded? ( in MR. RIEHLE: Misstates the witness's (iai testimony, but also overbroad. (19) THE W ITNESS: No. (2 0 ) MS. SHINING: Q. Do you recall discarding o n any studies? (22) A. No. (23) Q. W hy don't we turn to the documents that have (24) been produced. Did you, yourself, locate these (25) documents that are marked as Exhibits B through T?*245671389 Page 47 id A. Most. (2 ) Q. Did someone assist you in the search for <3> documents? (4) A. Yes. (5) Q. Who was that? (6) A. Bob Chasteen. (7) Q. What's Mr. Chasteen's title? (a) A. He's vice president o f finance. (S) Q. W here did you look for these documents? (18) A. Engineering d ep a rtm e n t ( in Q. Did Mr. Chasteen aid you in looking for them (12) in the engineering department? (13) A. No. (14) Q. So what did he do? (is) A. He searched other places for anything (16) additional. ( in Q. Do you know where he searched? (18) A. No. (19) Q. Do you know why he was asked to search for (2 0 ) documents? (2 D A. He's in charge o f all com pany d ocum entatio n. (2 2 ) MR. RIEHLE: Mr. Chasteen is the custodian (23) of records. (24) MS. SHINING: I would reserve the right to (25) then depose him, because I think the Notice of Page 48 (i) Deposition is a dual one, and by further questioning (2 ) this witness with regard to the documents he did m locate, I am not waiving any right to depose the actual (4) custodian of records, which is the person that our <si notice calls for. (6) .M R . RIEHLE: This deposition is of a Page 41 to Page 48 BSA Book vs. Asbestos Dfts' (BHC) Craig Mountz person O) most knowledgeable. W e reached an agreement, that is (S) my understanding with your office, that we would (si provide the documents responsive to the request with a <101 custodial declaration, saying these are the documents u i) that we have responsive to the question, these were (12) documents kept in the ordinary course of business, et (13) cetera, and that was our understanding of the ( it) agreement. And in the context of that agreem entwe us) brought Mr. Mountz here from Tennessee and made him (ie> available. d>) So this was a negotiated understanding and d) negotiated circumstance whereby we're bringing a (isi witness out from Tennessee at our expense, and you've <2 0 ) got your reservation, but that's the agreement. (2 1 ) MS. SHINING: And I understand you may have (2?) that with another attorney at my firm, but I have no (23) knowledge of that, so I just want to make sure the ( 2 0 record is clear, to the extent that there is another (25) individual, I would reserve those rights accordingly, Page 49 (i) and we can discuss what was agreed upon beforehand 12) afterward, after this deposition is concluded. (3) Q. Did anyone assist you from the engineering (<) department in searching for these particular records? (5) A. No. (6i Q. W ere these records all located in the same tv place in the engineering department, or were there (S) different files that they were kept in? And if they (9) were different, we can go one by one. (io) A. The record retention policy cam e fro m Bob <u> Chasteen. (12 ) Q. That's Exhibits? (13) ' A. Yes. Everything else cam e from engineering a o files. (is) Q. Are the engineering files sorted by category lie) or product? (in A. Byproduct ns) Q. So there are separate files for the brake d5) lathe products? (20) a . All products. (2 D Q. Does each product, by product number, then, (2 2 ) have its own separate filing system? (23) A. Has its ow n folder, yes. so Q. Now, Ammco brake products seem to have 25) product numbers, and I have seen them start in the Page 50 (i! hundreds. And just to, again, be clear on the record, (2 ) does each product, by product number, have its own (3) manila file or a separate larger file? () MR. RIEHLE: Compound, vague. (5) TH E W ITNESS: In this case we used - s h o e (si grinders had a Manila folder, m MS. SHINING: Q. When you say a "shoe (si grinder," is that the same as an arc grinder? (5 ) A. Yes. no) Q. Do you have any other generic names that you ( in use to describe that type of product? (12) A. No. (13 ) Q. Would, then, there be different kinds of ( io brake lathes, or is that a generic name for a shoe usi grinder also? (16) A. It's a totally different machine. (H i Q. Are there any other product lines, generic (iaj classes of products, that you oversee currently? (is) MR. RIEHLE: Vague, asked and answered. (20 i THE W ITNESS: I just work on all brake (2 D products. (2 2 ) MS. SHINING: Q. Can you break that down (23) for me more specifically, by product line? (24) a . T h a t I w ork on? (25) Q. Right. Page 51 (1) A. I have brake lathes --actually, everything (2) else is just kind o f accessories. W e have hand tools. (3) W e have brake washers. W e have measuring instruments. (4) That's abo ut it. (5) Q. Would you consider dust systems to be an (s> accessory? (ii MR. RIEHLE: Vague as to "dust systems." (8) THE W ITNESS: Are you speaking of shoe (9) grinders? (10) MS. SHINING: Q. Let me back up a little ( in bit. When you discuss brake lathes, can you describe <121 for me the specific products underneath the category (13) "brake lathes" that you oversee? (14) MR. RIEHLE: Asked and answered. (15) TH E W ITNESS: Brake lathes is an item to its (16) own. W e have several versions, butthat'sthe only ( i n product under the category. lie) MS. SHINING: Q. Can you list those (i9) versions? ' 120) MR. RIEHLE: Vague as to time. Talking (211 about right now? (2 2 > MS. SHINING: Q. W e can start with the (23) products as they are right now, unless it would be (24) easier to go back in history. I want to try and do czsi this the most simple and painless way possible.*12360 Page 52 (1) MR. RIEHLE: Let's startwith right now. (2 ) THE W ITNESS: You want model numbers? (3) MS. SHINING: Q. Right. Have the model (4i numbers progressed over time, getting larger and <si larger? (6) A. Som etim es. (i) Q. Sometimes, sometimes not. Let's startwith ibi right now, then. Right now, what are the brake lathe is) product lines? (10) A. Model 4000, 4100, 7 5 0 0 ,3 8 5 0 , 710,6000. And m i that's i t There are Page 48 to Page 54 (415) 392-0650 2/8/00 XMAX(8(8) voltage variations and colors and (12) that type o f thing, but those are the machines. t H3) Q. Does each of these machines, then, have its U4> own separate file? (15) A. No. (16) Q. Which of these machines would have a product (i d file? The 4000 series, would that have one file? (i8) A. Yes, they would be grouped together. (is) Q. And does the 7500 series have Its own file? (20) A. It m ight have. (2 1) Q. And the 3850, does that have its own file? (2 2 i A. Yes. (23) Q. How about the 710 and the 6000? Do those (24j have their own files? (25i A. If they exist, th e y would be separate. Page 53 * in Q. So you say, "if they exist." Does that mean (21 these products are no longer - can you explain that? (3) A. If there's anything special abo ut that (4) product, anything different from others, like special (5) testing or anything like that, it would have a file to (6) contain those items. (i) Q. 1want to stay focused on the filing system. iei That's why I'm trying to - 1will have more questions () about the products themselves more specifically (ioi probably after lunch, as I see counsel's eyebrows are ( i n getting raised. W e have been going for an hour and a U2> half, i n i MR. RIEHLE: I think it's appropriate to m i take a break. At least 1would just as soon we take a (15) short break now and then keep plugging away and maybe 1 1 0 have lunch brought in and try to keep working through ( i n this, because we are not moving very fas t (is) MS. SHINING: I am just a workhorse. That's (191 fine. (2 0 ) MR. RIEHLE: Let's take a short break, but (2 1 ) let's make it a five-minute break, because I do want - 1221 the witness is from across the country, and he intends (23) to go back today. (24) (Briefrecess.) (2 6 ) MS. SHINING: Q. W hen we left off before Page 54 ( ii the break, we were talking about the engineering files (2 ) as they relate to each particular product. And what (3) I'm trying to talk about is where you looked for (4) documents and finding a framework for that. (5) When you received the Notice of Deposition, I (6) assume, since you read it, you noted that it had O) several categories, starting on Page 4, relating to (ei documents to be produced. (9) And do you have a copy, Counsel, still? * Tooker& Antz B5A -t---- i io) Book vs. Asbestos Dfts' (BHC) Craig Mountz With regard to these categories -- I objection, (io) really, to the safety issues believe m i they are Categories 1 through line of questions as vague u i ) and 30 -- did you search for U 2 ) documents responsive to these categories? ambiguous. (1 2 ) THE W ITNESS: By "safety issues" I il) A. Yes. ( i o Q. Can you describe for me meant for (i3j you to ask things as warning labels, instructions, that (i4i kind of thing. generally where you <is> looked for That's what we keep in our.... documents that would be responsive to the (is) MS. SHINING: Q. Is there a c16) categories 1 through 30? separate (is) department that relates to (i d A. The product files are occupational safety at in> Ammco? contained in the us) engineering (is) MR. RIEHLE: Vague and ambiguous, dep artm en t. (is) Q. Are the brake lathe products usi THE W ITNESS: If you mean inside the plant, 1201 that we have for our workers? segregated in (ioi any way from the other (2 D MS. SHINING: Q. Right. engineering files? (2 2 ) A. W h a t w a s the question again? 'l l ) A. No. ;:) Q. Are research and development I'm sorry, 123) Q. Is there a separate department files segregated (23) in any way from the that relates 124) to occupational safety general engineering files? internally at Ammco? (241 A. Yes. They are listed as X (25) MR. RIEHLE: Sam e objection. num bers. (2 M Q. When you say "X numbers," that correlates to Page 55 Page 57 (1) THE W ITNESS: Not exactly a department, but (2 ) there are those that are involved with the safety, ( 1) the document retention policy? u i MS. SHINING: Q. Is there a special (2 ) A. Before a product becom es, say, safety <4i committee? a M odel 4000, o> up until that tim e w e (5) MR. RIEHLE: Vague. ju s t 031111X1,-2, -3 ,-4 , (4) w hatever. (6) THE W ITNESS: Pretty much every si Q. Could you be a bit more specific? supervisor (7) Is involved with safety, and Do you (6) give it a preliminary number? they have, I think, weekly (8) meetings with (7) A. R ig h t Som e projects m a y take their employees. a y e a r to <a>. design, so it's ju s t "X" (9) MS. SHINING: Q. Outside the prototype, o r w hatever. W e () call it X, supervisors, cio> is there any other No. 1, and then when it's ready for d o organized committee that relates to u i ) production, then it usually gets a m odel safety issues at Ammco? number, and d i) then it becomes a (12) MR. RIEHLE: Same objection. saleable model number. (13) THE W ITNESS: I really don't know (12 j Q. Is there a method by which the that. preliminary (13) number, the prototype (14) MS. SHINING: Q. So the only number, is selected? safety-related (is) documents that you are (14) A. Yes. W e have a book and tak e aware of would be (1 6 ) product-specific o u tth e next U3) num ber in numerical materials kept in the product files m i order. themselves? (1 6 ) Q. W hen a product is given a (iei MR. RIEHLE: Argumentative, product number, an U7) actual model misstates his us> testimony. number, what happens to the files for the (2 0 ) THE W ITN ESS : For the products u s i prototype? themselves, (2i) yes. (i*l. A. Still retained. (2 2 ) MS. SHINING: Q. Are there any 2 0 ) Q. Are they kept in the original other (23) documents relating to safety other folder forthe (2 i> prototype, or are they than what's been (24) produced today in the moved into file forthe product? engineering files as it pertains (2S) to brake (22.) a . Files right beside. T h e re a re lathe products? tw o separate (23) files. 2 d Q. Did you look for documents in Page 58 both prototype (25) files and product files? (1) A. All b rake lathe products? -> A. Yes. Page 56 (2 ) Q. Right. 13) A. Yes. ) Q. Can you describe some of those (2 ) Q. W hat about documents relating to documents? safety m issues? Are those kept in the (3) A. W ell, ju s t like this is the file fo r engineering department? the shoe (6) grinders, there a re other ) A. Yes. products th a t have outside n> testing si Q, And how are those organized? reports that have been done on them (6) A. Those would also be in the also. product file. (fi) Q. W h at other products would that (7i Q . Does your answer refer to, then, include, again (so limited to the brake safety in () the use of the product? product line? (S) MR. RIEHLE: I'll interpose an (101 A. Brake washers. Tooker & Antz (415) 392-0650 218/00_______________________ xm* x;s(3) m i MR. RIEHLE: Go ahead and finish your (12) answer. <i3) THE W ITN ESS : I think that would be ail the (14) brake products that have, usi MR. RIEHLE: W e 're getting pretty far afield (1 6 > here. W e keep talking about the brake product lines, U7) and this case is not about, nor is your deposition (is) notice with respectto, all brake product lines, and I (is) have som e real concerns about whether or not we are ( 2 0 going to finish today. The witness has traveled across 1211 the country to be here in California for the (2 2 ) deposition, the witness resides in Tennessee, and we (23) keep talking about products irrelevant and not even (24) reasonably calculated to lead to the discovery of (25) admissible evidence with respectto other products. Page 59 x d i The reason for this sort of statement and (2 ) objection is that w e need to focus on the products that (3) are at is$ue in this lawsuit, because if we spend a lot (4) of time on other products, we're not going to be here (5) beyond today. () MS. SHINING : I do note that our deposition n ) in part does seem to be limited to arcing machines, and (8) | think I asked a couple of questions before to get to (9) your understanding of the arcing machine, and clearly a uco - 1will agree that a brake washer is not an arc u i) machine. (12) MR. RIEHLE: Neither is a brake lathe. (13) MS. SHINING: Q. I just want to make sure (14) we're completely clear before with w e go too much usi further. In my understanding, an arc machine would be (1) included as a type of brake lathe. Is that incorrect? ti7) A. T h a t Is incorrect. (18) Q. Are you responsible for arcing machines at (i9> Ammco? (2d A. I was. (2 i) Q. W hat time period were you responsible for in (2 2 ) any way with respect to arcing machines? (23) MR. DAY: At? (24i MS. SHINING: He's only worked at Ammco, (2S) so....*1235 Page 60 (1) MR. DAY: W e ll(2 ) TH E W ITNESS: Since '87, until '87. (3) MR. RIEHLE: I'm going to help you out here, (4) in the interest of moving this thing along. (5( MS. SHINING : Please do. (6) MR. RIEHLE: Ammco stopped manufacturing m arcing machines in 1986. (8) THE W ITNESS: '86. (5) MR. RIEHLE: 1986. S o (io) MR. DAY: Hennessy does not manufacture ( i n arcing machines. U2 ) MR. RIEHLE: Hennessy does not manufacture (i3) arcing machines. So we Page 54 (o Page 60 BSA Book vs. Asbestos Dfts' (BHC) Craig Mountz can talk about this 7 3 t o `86 m i time frame. That's also when you're going to see these us) documents stop, because that's when they stopped usi manufacturing them. That's when Ammco stopped <i7) manufacturing arcing machines. ciB) MS. SHINING: Can I ask him to confirm if (is) that's accurate? (2 0 ) MR. RIEHLE: Sure. (2i> MS. SHINING: Q. Is that accurate? (2 2 ) A. Yes. (23) Q. So your search, then, was limited to arcing (24) machines? (25) A. Correct. . Page 61 a i Q. So there is no one at Ammco who would be (2 i currently responsible - well, strike that. Who would (3) be currently responsible for maintaining these records, (4) the records that you have produced today, Exhibits B <5i through T? (I A. it would be Bob Chasteen. (7) Q. How do you spell that? (Ri A. C-h-a-s-t-e-e-n. 5) Q. Does he store them in a location outside the uo> engineering department? a n A. Yes. (12) Q. Where are they kept? n i) A. I don't know. (14) MS. SHINING: Will counsel stipulate that (is) they are business records kept in the regular -- (l?) MR. RIEHLE: W e will provide a custodian of i n i records declaration for Mr. Chasteen. us) MS. SHINING: I would again reserve my right (i9i to depose Mr. Chasteen as to the maintenance of these (2oi records and their source. (2 D MR. RIEHLE: I will restate my understanding (2 2 ) of our agreement. (23) MS. SHINING: Q. I guess I just want to (24) make absolutely clear, did you go get these "records (25) from Mr. Chasteen, or did he bring these to you? Page 62 U ) MR. RIEHLE: Vague as to time. (2 ! MS. SHINING: Q. Inthelasttwo days. (3> W hen was the first time you saw the document (4) marked as Exhibit B? :5) A. It w as yesterday. ;i) Q. Do you maintain a copy of this document in n? your own personal files? (2) A. No. :s) Q. Do you know who is responsible at Ammco for (io> maintenance ofthe document retention policy? .it) A. It would be Bob Chasteen. :i?) Q. Have you ever received a memo from Mr. (13) Chasteen, other than the document retention policy, (14) informing you to discard documents pursuant to the (25) policy? (15) A. No. (U ) Q. Have you ever personally discarded documents a s i with the intention of complying with the document usi retention policy? (2 o> MR. RIEHLE: Would you repeat the question. (2 D (Record read.) (2 2 ) MR. RIEHLE: Do you understand the question? (23) THE WITNESS: Did I ever throw anything away (24) that said after that many years to (25) MR. RIEHLE: Repeat the question. Page 63 id (2) "No." (3i (Record read.) THE WITNESS: I would have to say MS. SHINING: Q. Have you ever instructed (4) anyone underneath you to go through their files and (5) throw things out in compliance with the document (6) retention policy? (7) A. No. (8) Q. With regard to Exhibit C, when was the first (9) time you saw this document? do) A. This actual piece o f paper, or the actual a u decal? (12) Q. Did you see the original that this document (13) is a copy of? U4) MR. RIEHLE: Vague and ambiguous. Do you us) know what this document relates to? ii6) MS. SHINING: I would actuallylike him to ( in answer the other question. (lei MR. RIEHLE: Fine. (16) MS. SHINING: Q, Did you see the original? (2 0 ) A. And again, I d on 't understand. (2 1) MR. RIEHLE: Vague and ambiguous. (22) THE W ITNESS: The actual decal, or you mean (23) this piece of paper? (24) MS. SHINING: Q. Is this a copy of a decal? (25) A. Yes.*12347(io) Page 64 (1) Q. Have you seen the original decal? (2) A. Yes. (3) Q. W hen did you first see the original decal? (4) A. 1believe this has been on the p ro du ctsince <si som ew here in t h e '70s. So I saw it in th a t tim e fram e. () Q. Is this a photocopy of an adhesive decal? (7) A. Yes. (ei Q. Do you recall when you first saw the color of (9) the original decal? (io) A. No. ( i d Q. Do you recall the color of the type on the U2 ) decal? (13) A. It's black type. (14) MR. RIEHLE: Vague and ambiguous. You said (ib) "color of the type." You mean the color of the decal U6i or the type on the decal? (17) MS. SHINING: Q. The type on the decal, (is) That is vague, isn't it? The color ofthe printing is (isi black? Page 60 to Page 66 (415) 392-0550 2/8/00 XMAX(IQitO) (2 0 A. Yes. (2 1 ) Q. Do you recall in 1971 where those decals were (2 2 ) being placed on Ammco products? (23) a . No, I w a s n 't w ith the com pany until 7 5 . (24) q , rm sorry. '75? (25) A. T h e question w as w here they are? Page 65 (l) Q. Do you know where the labels were being (2 ) placed? (3) A. Right on the very top o f the machine. (4) Q. Do you know what structure they were placed isi on, specifically? (I MR. RIEHLE: Vague. (7) THE W ITNESS: It's on the cover that covers o i the actual grinding surface, isi MS. SHINING: Q. Is that a removable cover? no) A. Yes. ( in Q. Do you know anything about the adhesive that <12 > was used to stick the label, the decal, to the machine (isi itself? (14) A. No. (15) Q. Do you know anything about where the labels (isi were manufactured? (17) A. No. (isi Q. Do you know if a warning was provided to not us) have customers remove those labels? You know, like on (20) the mattress it says, "Don't remove me." 121) MR, RIEHLE: Vague as to time. (2 2 i MS. SHINING: I'm generally referring to (23)' 1975, which is the witness' earliest experience at the (24) company. (25) MS. SHINING: Just letthe record reflect Page 66 a ) that the witness is reviewing Exhibits B through - (2 ) several ofthe exhibits that have not been discussed (3i yet. (4) THE WITNESS: The question one more time. (Si MS. SHINING: Q. Do you have any knowledge (6i that any warning was given to a purchaser of an arcing m machine to not remove what's marked as Exhibit C from (si the cover where it was adhesively connected? (9) A. I d on't know that. (10) Q. This particular copy of Exhibit C. do you ( in recall the time when you first saw this particular (12; copy? (isi A. No. ( 14) Q. Would it have been yesterday, from Mr. (is) Chasteen? (isi MR. RIEHLE: Argumentative, n r ) THE W ITNESS: W hat was the question, again? (isi MS. SHINING: Q. Do you know If the first (isi time you saw this copy was yesterday? (20) A. I have seen other copies just like it In the m ) past. Tooker& Antz feSA Book vs. Asbestos Dits' (BHC) Craig Mountz i 221 Q. Has the language that's contained in-the (23) label, the decal in Exhibit C, changed to your (24) knowledge over the years from 1975? <2 5 ) A. N ot th a t I know o f. Page 67 o Q. W as the label still in use in 1986? ;2 ) A. Yes. (3> Q. And with the cover on the machine, you can't w do any actual grinding; is that correct? (M A. No. (tf> Q. You have to remove the cover and set it P t aside, and then you can operate the machine? ?i A. No. The only time l take this cover o ff Is (9) if you're changing the grinding band, and then you put uo> it right back on. You c a n t really operate it without ( ii) that cover being on, on the machine. H2) Q. So it's the cover that covers the motor? ( in A. The grinding disk. 11i) Q. I didn't see any - well, maybe we should (iM keep moving. ( i>; i MR. RIEHLE; You were on C. You're now out ( ii) of order. (18) MS. SHINING: Q. I'm notsurel saw in my (is) review of the exhibits a picture of an arcing machine. (2 oi And I guess, actually, that - - 1was thinking in my (2 i i other question, do you know if there are any copies of (2:1 this warning as Exhibit C in the current files of the (2 ) engineering <241 department? A. That's where that came from, (cm Q. It did not come from Mr. Chasteen? Page 68 (1) MR. RIEHLE: Argumentative. (2 ) MS. SHINING: I thoughthe said at one (3) point-- (4 1 Q, Exhibits B through T came from your (5) department? <) A. Yes. (i) Q. And you found these where, again? In the <ei file in -- (9) A. In the shoe grinder file In the engineering (io> d ep artm en t ( i n Q. And you use the term "shoe grinder" (121 interchangeably with "arcing machine"? :i3) A. Yes. :i4) Q. I'm getting this figured out. Are these all (is) the documents from the shoe grinder file? _ o il A. Yes. 0 1 1 MR. RIEHLE: I think the witness - 1 a?) believe we have some additional documents we are having U9> copied right now. In fact, they may be done already. (201 So we're going to be producing those in a second as <211 well. And those will consist of, (believe, 1221 instruction manuals. W ere they also in there? (23) TH E W ITNESS: Yes. (2<) MR. RIEHL: When we take our break for <2S) lunch, I will get them to you, so you can premark them Page 69 ( i ) before we start the afternoon session. You can take (2 ) them with you at lunch, in fact. (3) MS. SHINING: Oh, joy. ( 4 ) MS. SHINING: I would have preferred to have (5) seen those this morning, of course. (6) Q. With the addition of the documents that are (U currently being copied that I haven't seen yet and (bj documents we have here as Exhibits B through T, that (9) comprises the entire contents of the shoe grinder file? no) A. Yes. ( i n Q. Does the shoe grinder file have a <i2 ) corresponding model number, or does it include all the (13) various model numbers? (14) A. It Included all o f them , dot Q. So that file is a compilation of other files, (16> files that do not exist anymore? ( i n MR. RIEHLE: Vague and ambiguous. ( la ) TH E W ITNESS: There's really only been one ( I style of arcing machine. Although they have had 12 different model numbers, they are all in one file, (2 D MS. SHINING: Q. Can you recall the (2 2 ) different model numbers? (23) A. T h e re w a s an 8 9 0 ,8 0 0 0 . The other one, I (24) think, w as an 880, or something like th a t (2 S) Q. Do you know which of those was the original Page 70 (i)model number? (2 i A. No, I d o n 't (3j Q, Do you know when the first arcing machine was (4) m adebyAm m co? (5) A . E a rly'5 0s . (si Q. Do you have any knowledge of who the original i d engineers were for Ammco, working on arcing machines? (8) A. No. (5) Q. Are there any documents that you're aware of (io) that would relate to who those individuals would be? (in A. The part drawings would have initials o f as) those who drew them, but th a t - 1could n o t assum e ci3> th a t th a t Is w ho designed them. (i4! Q. Are there part drawings in the instruction u s i manuals? (isi A. I w as referring to the actual production ( in drawings th at w e use in m an ufactu rin g. u si Q. So the documents that are being copied, do (15) they have part drawings in them? (2 0 ) A. No, they have - it's a service part (2D illustration, like you would get with any product. (2*2 ) Q. Do you know if there are any Tooker & Antz (415) 392-0550 216100____________________ xmax(u h i) part drawings (23) for the original models of arc grinders in existence? (24) a . T here should be. (25) Q. W here would those be kept? Page 71 (1) A. In our engineering obsolete file. (2 ) Q. Did you search there for documents that would (3) be responsive to the Notice of Deposition? (4) A. Yes. (5> Q. So did you see any part drawings there? (6) MR. RIEHLE: I'm notsure you asked for (i) those. (s i' MS. SHINING: Q. W ere there documents there (9) that - part drawings that have not been produced? (io) A. The m anufacturing drawings, yes. ( i n MR. RIEHLE: If you would want to send us a (1 2 ) request for production of those, w e would be willing to <i3) produce those pursuant to a protective order, the (14) engineering drawings themselves. (15) MS. SHINING: I will make a note of that, (1 6 ) and I would assert that they are responsive to Category ( i n No. 6, which calls for "all writings in your possession uai pertaining to arcing machines." There are a number of <19) categories that do talk about - actually, it says ( 2 0 "specifications." And I would think a parts drawing -- (2 i) MR. RIEHLE: W e don't have a problem (221 producing those, and we will. But that's something we (23) would need a protective order for, because they are (24) proprietary. (25) MS. SHINING: The product hasn't been*2416 Page 72 (ii manufactured since 1986. (2 ) MR. RIEHLE: Doesn't mean they are not (3) proprietary. (4) MS. SHINING: I reserve Plaintiffs right to (5) redepose this witness with regard to what those (6) documents mean and particularly his knowledge of the <11 identity of those people who have initialed them, of (8) people who would have been at least in part responsible (9) for the design of the machines. (1 8 ) MR. RIEHLE: That's fine. If you want to (U ) shortcut that, we can handle that informally. (1 2 ) MS. SHINING: Q. So do you recall --and I (13) apologize if I've asked this -- which o f the model U4> numbers you believe to have been the original model (is) number? Would it have been the 880? (16) A. That would be a guess. ( i n Q. So w e have the 880, the 890, the 8000. Can (18) you think of any other model numbers for arcing <i9i machines made by Ammco? (2 o> A. I think th e re w a s a 2000. (2 i ) . Q. With regard to Exhibit D, again, Page 66 to Page 72 BSft Book vs. Asbestos Pits' (BHC) Craig M ounz when was the (2 2 ) first time you saw this document? (23i MR. RIEHLE: These are actually two (24) different documents. 2 6 ) MS. SHINING: Q. Is what I've clipped Page 73 t il together as Exhibit D, are those separate documents? t2 > And if so, could you identify each one. (3) A. T here are actually three d iffe re n t things <4i here. (6) MR. RIEHLE: W e can make them D-1, D-2, and (6i D-3. . (7) MS. SHINING: Q. Let me ask you this: Are iei those documents related in any way, those three <9) documents? (loi MR. RIEHLE: Vague and ambiguous, ( i n TH E W ITNESS: Related to each other? (12) MS. SHINING: Q. Right. Are they? (13) A. Yes. (14) Q. How are they related? (is) A. The first one is the instruction sheet a ) MR. RIEHLE: Identify it by the Bates stamp i n i on the bottom. lei T H E W ITNESS: H 0015 is the instructions (19) for the dust control system. 2 0 ) Q. And the next page? (2 1 ) A. Is H 0016. It's the decal that goes on the (221 dust collection system. (23) Q. And the next page? (24) A. H 0017. T h a t's the tem plate th a t goes w ith (25) the dust collection system o f how to m ount it to the* Page 74 i d shoe grinder. * 2) Q. Earlier you described products as brake (3) lathes and accessories. Would you consider this dust (4) collection system to be an accessory? (5) MR. RIEHLE: Overbroad. () TH E W ITNESS: This became, actually, both. (7> Ammco felt that all brake grinders should have this ie) dust collection system, so it became a permanent part (so o f the shoe grinder. But it was also offered as an ( i d accessory to update all those who had purchased shoe ( in grinders in the past 2 2 ) M S .S H IN IN G : Q. Atsom e point Arco started ( i n selling its arcing machines with dust collection ( i n systems? is) MR. RIEHLE: Ammco. (is) MR. RIEHLE: Askthe question again, i n i MS. SHINING: I find one word in every us) deposition to trip over. 151 Q. Atsom e point, then, Ammco sold each of its <201 arcing machines with a dust collection system? (2 i) MR. RIEHLE: Vague and ambiguous and (2 2 ) overbroad, misstates the testimony, and assumes that (23) Ammco did not always have a dust collection system. I 24) think you're referring to this dust collection system. (2 6 ) MS. SHINING: Q. W ere there more than one Page 75 in dust collection system sold by Ammco for use with 21 arcing machines? (3) A. This one updated the previous one sold with ((> the machine, standard with th machine. (5i Q . And 1believe Bates No. 0015 is dated 1986 at (6) the,bottom? n i A. Yes. (8) Q. Do you have reason to believe that that o ) document was created in 1986? (io) A. This particular docum ent was printed in '86. d i) Q. Do you know when the Model 6925 dust (12) collection system first began to be manufactured? tisi A. The question again, please. (14) Q. When was the 6925 first manufactured? usi A. 1973. (16) Q. Did you rem em berthatoffthe top of your U7) head, or did you have to referto a document to (is) rememberthat? (15) A. I w anted to check and make sure. (2 6 ) Q. Which document did you look at to check and 1211 make sure? (2 2 ) A. Exhibit H. (23) Q. What's the title of that one? (24) A. "Asbestos Study for Am m co Tools, (25) Incorporated."*(l)458 Page 76 (l) Q. Do you recall the model number of the dust 2 ) collection system that was sold by Ammco prior to the (3) 8925? (4) A. It w as ju s t p art o f the unit. (5) Q. W hen you say it was just part of the unit, (6) was it a separate system that would attach to the unit? (7) You're shaking your head "No." You have to rem ember to (8) answer "Yes" or "No." (si A. I w as getting read y to. it cam e standard uoi with the u n it It wasn't a separate number. u n Q. W ere you able to locate any pictures, (12) drawings, or other visual representations of that d3) previous system in your search for records? (io A. The documents that you are to receive shortly (isi have pictures in them. (16.) MR. RIEHLE: Can we have these Bates stamped u n pages marked as separate exhibits? I'm a little (isi concerned having them marked as one exhibit when they (is) are actually different documents. Let's have the <201 document that's Bates stamped H 15 marked as D-1, the (2 1 ) document Bates stamped H 16 as D-2, and the document (22) Bates stamped H 17 as D-3. (23) (Plaintiffs Exhibits D-1 - D-3 (24) marked for identification.) (25) MS. SHINING: Q. D-1 with I'm comparing Page 72 to Page 79 (415) 392-0650 2 /8 /0 0 XMAX|12i(2) Page 77 U) D-2, and there is a photo on - there is a drawing on 21 D-1 of the dust collection system. Or I actually (3) should ask you, is that a drawing of the dust (<> collection system? (5) A. Yes. (6) MR. RIEHLE: Vague and ambiguous. O f the (i) 8925 dust collection system? (8) MS. SHINING: Right (9) THE W ITNESS: Yes. (ioi MS. SHINING: Q. AndD-2you described as a ( i n decal. Do you know how approximately large in size the 1121 dyst collection system that's in Bates 0015, how large (13) that system is in inches? (14) A. This m etal band right here is just a little (isi bit larger than the decal. The decal goes right here. ' (i6) (Indicating.) U7) Q. And you're pointing to an area that's between (iei the numbers parked 12 and 10 on the diagram. So those (16) are approximately eight inches, or eight inches high? (20) A. This p art is probably ten inches. (2 1) (Indicating.) (2 2 ) Q. Have you ever seen the actual decal that D-2 (23) is a copy of? (24i A. Yes. (25) Q. Do you recall the color of the wording on the Page 78 (i> decal? (2 ) MR. RIEHLE: Again, you're referring to the (3) print itself? (4) MS. SHINING: The printing itself. (5) THE W ITNESS: The print is black. (6) MS. SHINING: Q. W e re th e re a n y other (7) colors on the original decal? (8) A. Yes. In the "C aution" area, as per standards (5) a t the tim e, it w as always on a yellow background. And (ioi the logo is, A m m co logo, is red and blue. ( i i) Q. Which part of the logo was red, and which 12) part of the logo was blue? (ioi A. The tw o bars above and below are red. T h e <i4i A m m co nam e is blue. (isi Q. To your knowledge, has the wording that is on ii) the decal on D-2 changed at any time during your (i7) employment at Ammco? (iei A. Not that I know of. (15) Q. Is there an actual copy of an actual decal in (2 6 ) the files, in the engineering files? (2 1) A. (22) Q. decal? (23) A. By "copy," you mean? Do you actually have the original Yes. (24) Q. So you have a color version of the actual (25) decal? Page 79 ( ii 'A. Yes. __________ Tooker & Antz Book vs. Asbestos Pits' (BHC) Craig Mountz `(2 ) MS. SHINING: Could I ask for a color copy (3i to be produced? m MR. RIEHLE: You can ask. is; MS. SHINING: I'm being way too polite. () MR. RIEHLE: I don't have a problem with O) giving you a color copy. (8) MR. DAY: While we are on the subject, do (?) you want a color copy of Exhibit C as well? (10) MS. SHINING: If you've got one. Do you a n have those here? 12) MR. RIEHLE: W e don't have those here. : 13) MS. SHINING: Q. Doyou have any knowledge (14) as to the type of adhesive that was used on the label? <:s) A. No. ns) Q. Do you have any knowledge as to who (i d manufactured the adhesive used on the label? (13) A. No. r*H Q. Do youknow if a warning was ever provided t2 0 ) that the label should not be removed at any time? :i! A. The question, again, w as? :2.i) Q. Did Ammco ever provide instructions that this (23) label should not be removed from the dust assembly (2 <) system? c m A. I do not know. Page 80 ( l ) Q. Do you recall the first time that this label (2) was used - strike that. W as this label in use in (3) 1975? (t) A. Yes. (5i Q. Doyou know when the label was first used? :<>! A. 1973. `(I Q. W hat do you base that knowledge on? (3) A. That's w hen that product w a s released fo r (9> sale and production, no) Q. I will probably come back to this when I have t i n the other instruction manuals as to how this gets U 2 ) attached and questions like that. On D-3 there is (13) another drawing in the lower right-hand comer. Is m ) that substantially the same as the drawing on D-2? (is) A. Yes. (is> Q. And this drawing refers to several component in> parts. Do you have any knowledge as to whether these (iei component parts, particularly the seals, ever contained (19) asbestos? :cc) A. They did n o t on Q. W hat do you base that knowledge on? ( 2 0 A. W e didn't sell any products w ith asbestos in (23) them. 24) Q. Do you have any knowledge as to the (25i composition of the seals described in D-3? Page 81 (i) A. I believe the one around the bucket is (2 ) rubber, and then the top seal is a foam (3) w eather-stripping-type seal. (4) Q. Do you recall the manufacturers of those (5) component parts? (O A. No. (7) Q. Are you aware if there are any records as to (8) the vendors who provided those component parte at <si Ammco? (loi A. There m ay be. (ID Q. W here would vendor records be kept? Is it in (is) a separate purchasing department? (i3) A. It might be contained on the d raw ings (14) themselves. (15) Q. Do you recall, when you were going through (is) Mr. Hampton's old files, whether or not you discarded (i7) any vendor information that related to seals and (18) gaskets? (is) A, No, I did not. (2 0 ) Q. W a s this 8925 dust collection system mounted (2D on a bench, or was it mounted on the actual arcing (2 2 ) machine itself? (23) A. T he w eight o f the collection system w a s (24) carried by the bench, but it w a s physically attached to (25) the shoe grinder. Page 82 (i ) Q. Could you install a system like this if you (2 ) weren't using an Ammco bench? (3) A. Yes. (4) Q. Would that require special, custom holes and (5) setup? (8) A. W h a t this is is a drilling tem plate w ith the (7) fo u r holes. You ju s t ta p e this to w hatever your shoe (8) g rinder is setting upon, and It would attach to those (9) fou r holes. no) Q. This appears to be symmetrical. Would it ( i n matter whether you were working on the left-hand side ( i 2 > of the machine or the right-hand side o f the machine (13> with regard to where the dust collection unit was (i4) installed? (is) A. It would only go on one - only go in one (ii place. (17) Q. Once you put the unit on, say if it's (is) free-standing away from the wall, you could work on it (i9i from a variety of angles; is that accurate to say? (2 0 i MR. RIEHLE; Vague. (2 1 ) THE W ITNESS: You would really only work on (2 2 ) it from one side. (23) MS. SHINING: Q. Exhibit E appears to be a (24) letter dated February 7th, 1973 from a David Gioiello, (25) G-j-o-i-e-l-l-o, to a Leonard Morrison. W hen was the Page 83 (1) first time you saw this document? (2 ) A. I don't have an e x a c t d ate o f when I firs t (3) saw t h a t ) Q . W a s ft prior to yesterday? (5) A. Yes. (6) Q. W as it more than a year ago? (7) A. Yes. Tooker& Antz (415) 392-0650 2/8/00 X M A X flS ilJ ) iei Q. Do you recall the context in which you saw (9) this document first? a) A. I w as planning a follow-up test w ith this (i d com pan y, and this was in the product file, so I looked ( i 2 > /h is up to get the nam e and address. (13) Q. W as that a test on a brake lathe product? (14) A. Shoe grinder. (is) Q. So the firsttime you saw this document would (is> have been prior to 1986, when Ammco was still making i m shoe grinders? as) A. Yes. (19) Q. Would it have been, then, in the 1970s? (2 0 ) A. Yes. (2 D Q. Did you discuss the contents of this letter 221 with anyone else at Ammco? (23) MR. RIEHLE: Don't include counsel in that (24) description, in your answer. (25) TH E W ITN E S S : Did I discuss this letter? Page 84 ' (1) MS. SHINING: Q. Right. (2) A. No. (3) Q. W ere you asked to read this letter by anyone (4) at Ammco? (5) MR. RIEHLE: Sam e cautionary statement. (6) MS. SHINING : And I don't think that would (7) --prior to litigation, I'm not sure that warning would (a> be an applicable one. (9) TH E W ITN ESS : I dont know. (iei MS. SHINING : Q. When you say you don't u u know, you don't remember? ( i 2 ) A. I d on't re m e m b e r anybody asking m e to read (13) th a t letter. (14) Q. W hen w as the first time you became aware of us) the asbestos study? W as it when you were a product (ii engineer? (17) A. Yes. (18) Q. And I did ask you, when you were a product (is> engineer, what percentage of time you spent on brake (2 0 ) lathe design, and I hadn't gotten the clarification (2 1 ) that I now have. Could I ask you what percentage of (22) time, when you were a product engineer, starting with (23) Ammco, you spent on arcing machines? (24) A. M ayb e one percent. (25) Q. W a s one of the --was part of that one*123568 Page 85 (1) percent reviewing these studies, these 1973 studies? (2 ) A. It w a s doing a follow -up study. (3) Q. Do you know if Mr. Morrison is still employed (4) by Ammco? (5) A. He's not. (6) Q. Do you know when he left Ammco? (' ) A. in the 1980s sometime. (8) . Q. D oyou know what his title was? Page 79 to Page 85 BSA Book vs. Asbestos Pfts' (BHC) Craig Mountz 2/8/00 XMAX)14/14) isi A. I believe he w as VP in charge o f engineering <101 and manufacturing. : i i) Q. W a s this plant that's referred to in the i n : letter, was that the old plant on Commonwealth? m i A. Like I said before, even when w e m oved to the U4) n ew plant, they retained the old address, Post Office. (isi Q. Do you have any knowledge as to which <16) facility the study was conducted in? ( iv A. This study was done at the plan t in North cie> Chicago. (isi MR. DAY: Mr. Mountz, what exhibit is that, (2 0 ) for the record? (Si) THE W ITNESS: That's Exhibit F. 2 2 ) MS. SHINING: I hear everybody squirming, so (23) perhaps this would be a good time, at quarter after, to (24) take a short lunch break. (25) (At. 1:17 p.m., a lunch break was taken.) Page 86 (?) AFTERNO O N SESSIO N 2:04 P.M. (2 ) (Ms. Cormier, Mr. Roth, and Mr. Dumont are no () longer present.) (?) EXAMINATION BY MS. SHINING (Resumed) (5) MS. SHINING: Q. I have pulled apart two (6) sets of copies, so you can use that set, and hopefully O) that will help us speed up things, we won't have to be (S) handing things back and forth. (S) MR. RIEHLE: Are we on E? (10) MS. SHINING: Let's go to F. : ii) Q. W hen we were talking about Exhibit E, you (12) discussed why you had that document. And could you <i3) identify, then, Exhibit F for me? (i4) A. This Is a rep ort o f a study d o n eb y National (16) Loss Control Service for Am m co, involving the 8000 shoe (16) grinder. (17) Q. And is this the study that's referenced in u ej Exhibit E? :is) A. Yes. (2 0 ) Q, Do you know if Mr. Morrison requested <2 1 ) National Loss Control Service Corporation to conduct (2 2 ) this study? :23) MR. RIEHLE: Calls for speculation. (2 4 ) MS. SHINING: It's a "yes" or "no." 25) THE W ITNESS: Do I know? No I don't know Page 87 ?) that for a fact. 2 : MS. SHINING: Q.Do you know who asked !3< National Loss Control Service to conductthls study? 0 A. No. Q. Is there anyone else at Ammco who would know (6> who asked the study to be commissioned? A. No. :s> Q. Would Mr. Hopkins have known? 5) A. W ho? 'io) Q, Hampton. iii) A. He would have known. (121 Q . Do you know who was in charge ofthe (U ) engineering department from 19 - the head man in <14) charge from 1971 through 1987? (is) A. Various people, us) Q. Do you know, who was Mr. Hampton's immediate (i7) supervisor? net A. There again it varies over the years. (19) Q. W ere they some of the same names we have 120: discussed already? (2D A. Yes. (2 2 ) Q. Mr. Cunningham, Mr. Pruitt, Mr. Williams? (23) a . Yes. (24) Q. Mr. Hicks? (25) A. Yes. Page 88 (i) Q. Is there anyone else who would have (2 ) supervised Mr. Hampton other than those individuals? (3) A. Mr. Morrison. He's on this letter. 4) Q. Anyone else? (5) A . W e have had so m any, but I believe that's (6) about it. (i ) Q . Do you recall who was the head of engineering csj in 1975? (M A. Mr. Morrison w a s the VP in charge. Bob (io) Hampton w as the chief engineer. ( in Q. Do you have any reason to believe that anyone (121 other than Mr. Hampton would have ordered this study to 13) be commissioned? (H ) A. It could have been any one of several people. (15) Q. Who else could it have been, without (i6) speculating? in ) A. Since the report is addressed to Mr. lie) Morrison, I would think he would be a good candidate as ui to being the requester. (2 0 ) Q. W ho else would have been responsible for (211 requesting reports like this one to have been created? (2 2 ) A . Actual contact w ould have been o ne o f those (23) tw o. (24) Q. The first page of this study refers to Mr. (25) Bogaerts. Is that the individual that w e talked about*2514 Page 89 (-> before? (2 ) A. Yes. 3) Q. And do you know who Mr. Bruno Canale, (4) C-a-n-a-l-e, was? (5) A. Yes. W e had a training center to train o u r (6) custom ers, and he w as in charge o f that training center. (7> Q. W here was that located? (S) A. North Chicago. (5) Q. W as it in the old plant facility? (16) A. From the time ! started, it was in the n ew <111 facility. (12) Q. Do you know when this training center was usi first created? (14) A. No. (isi Q. Itw as in operation when you were hired? us) A. Yes. i n i Q. Is it still in operation? tie) A. No. <131 Q. Do you know when it was ceased? (20) A. Not exactly. (2 ii Q. Do you know approximately the decade? (2 2 ) A. Itw a s e a r ly '90s. (23) Q. Do you know what would have happened to the (24) documents that related to the training facility? (25) MR. RIEHLE: Vague. Page 90 (1) THE W ITNESS: No. (2 ) MS. SHINING: Q. Do you know who was In (3) charge of the training facility when it was ceased? (4) A. Ken Bullock. (5) Q. And is he still an employee of Ammco? (6) A. No. (7) Q. Is he retired? (8) A. No. (8) Q. Do you know if there were any arc grinders or aoi shoe grinders at the training facility starting in c i> 1975? (12) A. Yes. (13) Q. How many were there? (14) A. 1don't know. (15) Q. More than two? (16) A. 1have no idea. (17) Q. There was at least one? (18) A. Yes. (19) Q. Do you know when those shoe grinders, if .120) ever, were removed from the training facility? (2 1) A. W hen w e stopped selling them. (22) Q. Do you have any understanding as to why Ammco 1211 stopped selling arcing machines? (24) A. Yes. (25) Q. Can you give me one reason? W ere there many Page 91 (1) reasons? (2 ) A. No, basically one. (3) Q. And what was that? ) A. When the OSHA changed their acceptable level (5) o f exposure, w e imm ediately had our units tested and to found that it could not m eet that new standard that w a s (7) going to go into effect, so w e im m ediately stopped to selling them . is) Q. Did you have any arcing machines in inventory <1 2 ; at that time? m i A. I don't know that. (12) Q. Who would know the answer to that question? (13) A. I have no idea. (14) Q. Do you know who made the decision to stop usi selling arcing machines, who at Ammco? Page 85 to Page 91 (415) 392-0650 Tooker & Antz B5A S Book vs. Asbestos Dfts' (BHC) Craig Mountz li A. No, I don't, i n i Q. Would it have been someone in an officorial u?i level, an officer of the company? u w A, I would have to speculate that, b ut I d o n 't (20) know. 121) Q. It wasn't your decision? (22) A. No. (23) Q. W as it your supervisor's decision? (24) MR . RIEHLE: Calls for speculation. The (25) witness has already testified that he would have to 1973? a rt A. Correct, as) Q. There are notes, handwritten notes, attached u s i to the back of Exhibit F and the back of Exhibit H. izoi You wouldn't have any personal knowledge as to who (2 D would have written those notes? (22) A. N ot on F. The other one you mentioned was H? (23) Q. Correct. (24) M R. RIEHLE: Overbroad. If he could (25i recognize the handwriting, that would be some sort of 2/8/00 XMAX(1i/(5) w a s taking the a * *23514) test, because it says here, "Client needs report by asi June 7th." (2 0 ) Q. But you have no personal knowledge of that? * (2 1) A. No. (2 2 ) Q. Now, what we have separated out as H-2, when (23) was this report created? (24) test. A. This was a January 6,1978 (25) Q . And was this the test that you worked on Page 92 (i: speculate to make a comment on that subject. :2 .> MS. SHINING: Q. You're not an industrial (3) hygienist; is that correct? (si A. Correct. (5) Q. And you have had no special training in the (> reading of the asbestos fiber test results; is that r?) correct? ;?> A. Correct. (5) Q. Do you have any familiarity with the National uo) Institute of Occupational Safety and Health, NIOSH, ( in regarding regulations regarding asbestos? (1 2 1 a . W hat was the first part o f the question? C3.) Q. Do you have any special training regarding a n NiOSH? 135) A. No. a ) Q. You don't have any training in how to use a i n i phase contrast microscope or an electron microscope? (28? A. No. -t-5) Q. So you don't have any personal knowledge of (2 0 ) the source of the .contents ofthe study that's marked (21) as Exhibit F? (2 2 ) MR. R1EHLE: Overbroad, argumentative. :23) MS. SHINING: Q. You weren't employed by ( 2 0 Ammco when this was created, correct? (25) A. Correct. Page 94 (1) personal knowledge. (2) THE WITNESS: So what are you asking? (3) MS. SHINING: Q. Do you recognize any of K ) the handwriting in the notes on Exhibit H? (5) A. Yes. (6) Q. And what page is that Bates numbered? (3) A. H 0050. (8) Q. And that's an appropriation request on the (S) end ofthe study? dor A. Yes. a n Q. What is this page? (Indicating.) (12) A. Before anyone in the com pany can spend m oney U3> o f this magnitude, it has to be okayed, and so this w as (14) getting the okay, basically, to spend $2,800 to have us> the 8925 dust collection system tested by National Loss iii Control. i n i Q. Now, the date of this particular page is U8) 1977. Actually, there appear to be two reports stapled ( it) together. Is this howthis document was kept in your <201 file? (2 D A. I think it probably should have been stapled (2 2 ) in tw o pieces. (23) Q. So we have a 1973 report, but this 1978 (241 report that starts on Page 40, that's not referred to (zsi in the cover letter that we marked as Exhibit G. Page 96 (1) obtaining? (2 ) A. I d o n 't believe I w a s involved in that one. (3) Q. Do you have any understanding of the (4) differences between the first study from January of (Si 1973 and the study from June of 1973? (6) A. T h e tes t in J a n u a ry o f '73 w as d ue to O SHA (3) com ing out w ith a standard in late 7 2 . And even ibi though our grinder m et that OSHA standard, they, we, ( designed the 8925 to collect even m ore dust, and so uoi between January and June w as when that design w as going (i d on. S o the test in June w a s to test the n ew 8925 (12) collection system. (13) Q. W hen you say the arc machine without the 8925 U4> dust collection system m et O SHA standards, you're as) basing that on the results ofthe initial January tie) study? in i A. Yes. (ib ) Q. Do you have any other studies, samples, tests as) that show that the arcing machines m et O SHA standards (2 oi other than the January 1973 study? (2 i) MR. DAY: Before that time? (2 2 ) Contemporaneously? (23) MR. RIEHLE: It's vague. (24i MR. DAY: In other words, all ofthe (25) documents you have in front of you. Page 93 a t Q. Just move on to Exhibit G. And, again, this (2 ) is another letter from J u n e -- this is a letter from (3) June 6 ,1 97 2 , again addressed to Mr. Leonard Morrison, (4) from Raymond B. Stone, and it relates to a second (5) report on June 5th, 1973. Can you identify this letter (s> and the source of this letter? * ) A. W ell, the source o f the letter is o nce again (b> from National Loss Control. :5) Q. When did you first see the letter? (20) A. Sam e time as I saw the other one, w hen I w as (U ) looking a t the file. :2 2 ) Q. And is the study that the letter refers to a) what we have marked as Exhibit H? ::() A. Yes. a?-) Q . And you similarly were not employed atth e (ii time by Ammco, in Tooker & Antz Page 95 til MR. RIEHLE: W hy don't we make the 7 8rep ort(2) E x h ib it-th e '73 H-1 and the 7 8 H-2. (3) (Plaintiffs Exhibit H-1 & H-2 (41 marked for identification.) (5) MS. SHINING: Q. B ackto Exhibit H-1, () there are two pages of handwritten notes, Pages 38 and d i 39 Bates stamp. (Bi MR. RIEHLE: Just a second. I'm going to (f) actually segregate the documents so we have two (loj exhibits. Right now they are actually stapled u i) together. (12) (Discussion off the record.) (13) MS. SHINING: Q. So, looking at the last (14) two pages of Exhibit H, there are some notes. Do you (15) have any knowledge as to who may have written those, two a ) pages of notes? (in A. Appears to be the person that (415) 392-0650 Page 97 in MS. SHINING: Other than January 1973 study. (2 ) MR. DAY: And ones that came afterwards? (3) MS. SHINING : Q. Well, there were two (4) others. W a s there any other test done without the 8925 is; dust collection system? (5) A. No. (7) Q. So this isthe only -- I don't want to repeat ibi myself. But I will. This is the only study? (5) MR. RIEHLE: Asked and answered. (ioi MS. SHINING : Q. This is the only study m i done without the dust collection system that you're (12) aware of? (13) A. Yes. (14) Q. That's Exhibit F. (15) MR. HU TC H IN SO N : Enter a belated objection a) that that misstates his prior Page 91 to Page 97 Book vs. Asbestos Dfts' (BHC) Craig Mountz testimony in that I a n believe he's testified there was always a dust uei collection system. There was an updated 8925 which was as) developed and he's testified regarding, and the initial aoi test from January of 7 3 , 1believe, was testing the i2 i) existing dust control system that was on the arc 1221 grinder from the beginning. 123) MR. RIEHLE: I was about to make the exact (24) same objection. (25) MS. SHINING: Great minds. But I think my Page 98 (i) question included --I was trying to point out the (2 ) difference between the test vis-a-vis the 8925 system (3) and without the 8925 system. h i Q. Did you understand how my question was <s> phrased? (si A. A fte r I had mentioned it, I w as thinking the u i same thing, "Did she m ean...." ts) MR. RIEHLE: I think your question got to (3) the January 7 3 study was done with the pre-existing a m dust collection system and the subsequent tests were u i) with the dust collection system, including the 8925. a o i W a s that how you understood her question? (is) THE W ITNESS: Yes. ( 14) MS. SHINING: Good enough for me. (is) Q. In 1978 a third study was conducted. Do you usi have any understanding of the reason as to why this a?) study was commissioned? a s ) A. T h e reason for this test w as th a t the O SHA (i> standards w ere once again updated, which reduced the aoi exposure. So they wanted to retest it under the new can OSHA standards, and a t the sam e tim e they tested the - (2 2 ) another product (23) Q. And were the OSHA standards, I think - do (2 you have any knowledge as to the levels that the OSHA 1251 standards w ere reduced from? Page 99 (1) A. < 0 Q. tests? Only by w ay o f previous te s t By referring back to the 1973 A. Yes. %A} Q. On Page 45, does it suggest the limits? s MR. RIEHLE: Bates stamped Page 45? .4- MS. SHINING: Right TH E W ITNESS: Yes, those are the O S H A and (8) NiOSH imposed limits. MS. SHINING: Q. There are two columns (id) here, ''Poorly Maintained Model 880" ahd "Well u u Maintained Mode! 880." Do you have any knowledge as to a : ; what criteria each of those categories described? <121 I can break that down. Do you have any 11 4 ) knowledge as to what a "poorly maintained model" would (15) consist of? a) MR. RIEHLE: Vague and compound, am MR. HUTCHINSON: I'm going to objectthat it uei lacks foundation as to whether or notin his Opinion tie) what might constitute a poorly maintained model versus (2 0 ) what the author of this report was considering to be a (2 i) poorly maintained model. (22) MS. SHINING: And I'm asking if he has any (231 actual knowledge, because he was employed at that time. (2 t) MR. HUTCHINSON: Are you asking him his (25) knowledge about what the author of this report Page 100 (1) considered it to be? (2 ) MS. SHINING: Yes. (3) MR. HUTCHINSON: As long as he understood (4) that was the question, because it was vague and <si ambiguous with respect to that. (S) So, in other words, sir, she is asking you if m you know what the author of this report considered to isi be or defined as a poorly maintained Model 880. (9) THE WITNESS: The report, on Page 42 and 43, (ioi describe what the author is considering poorly u i) maintained. ( i2 ) MS. SHINING: Q. And that's at the bottom, (13) the bottom of Page 42? (14) A. Yes. (is) Q. He says, "severalyears old." Do you have U6) any knowledge as to how many years that would have ( in been? us) A. No. (1 8 ) Q. it says, "used considerably." Do you have 120) any knowledge as to what that phrase means? (2 1) A. No. (2 2 ) Q. This refers to an inner plastic collection (23) bag, and do you know when plastic collection bags began (24) to be supplied with the 8925? (25) A. From its release. Page 101 id Q. Do you know who the manufacturer of that (2 ) plastic bag was? {3) A. No. (4) Q. W as it manufactured by Ammco? (5) A. No, it was outsourced. (6) Q. A component part? (7) A. Yes. (8) Q. Do you know if there are any records at Ammco (S) with regard to who manufactured that plastic bag? aoi A. I don't k no w th a t fo r a fact. ( in Q. Do you know the expected life of a plastic 12) collection bag used in this system? as) MR. RIEHLE: Vague as to time. (14) TH E W ITNESS: These were in shops of all (15) sizes, so a dealership would have a lot more business ( i d than a mom-and-pop gas station, so you could not 117) determine how long it would take to fill that up. (18) MS. SHINING: Q. Did Ammco sell Page 97 to Page 103 (415) 392-0650 2 /8 /0 0 XMAX(16/1G) replacement n si plastic bags? (2 0 ) A. Yes. (2 D Q. W e re they sold through distributors? (2 2 ) MR. RIEHLE: Calls for speculation. (23) THE W ITNESS: I'm not real familiar with the (24) difference in terms of distributors and warehouses and (25) all of that. Page 102 (l) MS. SHINING: Q. Could you buy them from (2 ) someone other than Ammco? (3) A. Yes. (4) Q. Do you know any more specifically how (5) replacement parts such as this plastic bag were resold? (6) MR. RIEHLE: Overbroad, in MS. SHINING : I'm just asking him if he <e) knows. ( THE W ITN ESS : Such as? (10) MS. SHINING: Q. So yoi do? a n A, 1don't understand the question. ( i 2 ) Q. Well, do you have any understanding as to how (i3i replacement parts were sold for shoe grinders? (14) a . No, n ot really, no. (15) Q. On Page 43 the author of this study writes (ie> that the bag in the poorly maintained Model 880 was (17) oversized. Do you have any understanding of the lie) meaning of the term "oversized"? (15) MR. RIEHLE: Calls for speculation. (2 0 ) THE W ITN ESS : Reading the test, It explained (2 1 ) that a smaller bag would do a better job, and because <221 of this test, they reduced the size of that bag. (23) MS. SHINING: Q. Do you have any knowledge (2 4 ) as to the difference in size that was concluded to be (25) more well, that was decided to be used?*2345 Page 103 i d A. No. (2 ) MR. RIEHLE: Vague. (3) MS. SHINING: Q. Just smaller? (4) A. Yes. (5) MR. RIEHLE: Sam e objection. (5) MS. SHINING: Q. On Page 43, the second n i paragraph, it says that the dust collection system had tsj been cleaned. Are you aware of any instructions as to (6) howto properly clean a dust collection system? no) A. No. a n Q. And further it says that the well maintained (12) grinder was about the same age as the poorly maintained (13) grinder. But you don't have any information as to the (14) exact ages of either of those machines; is that correct? (15) A. Correct. a) MR. RIEHLE: Argumentative. ( U i MS. SHINING: Q. On the last page, on H 50, a s j the appropriation request, there are a lot of other n) names at the bottom of this page that are typed Tooker & Antz Book vs. Asbestos Dfts' (BHC) 1------------------ ----------------------------------------------- ;-------------------------- Craig Mountz >names. 120) Do you know who these (l) Q. W as it in your review of the file in individuals are, starting with J. <2 i) (2 i preparation for requesting a further Cannistraro? report? (2 2 ) A. He w a s in sales. I'm not sure w h a t his title (221 w as. (24) Q. Do you know if he's still with the (3) A. Yes. (4) Q. Do you know why the second page of Exhibit! (5) is crossed out? company, (25> withAmmco? (5) A. It's an e x a ct co p y o f 51, Page 104 (1) MR. RIEHLE: The question calls for a "yes" (8) or "no." (1) A. No, he's not. iZ) Q. Is he retired? m A. He's deceased. (9) THE W ITNESS: Do I know? No. no) MS. SHINING: Q. Exhibit J appears to be a u i) copy of the report that (4) Q. How about J. Hallberg? IS) A. Not w ith the com pany. we have marked as Exhibit H-2. 1121 Do you have any idea why this extra copy was kept? 6 Q. Do you know what his title was or (13) the p : department that he was in? (14) MR. RIEHLE: Calls for speculation. MS. SHINING: Q. Idon'ts e e a n y (5! A. I don't rem em ber, difference (is) between the two. Is there i k Q . Do you know if any of these something in the original of (ii this copy individuals are (io> still withAmmco? that's different, if you can recall? (in A. No, none o f them are. (1 2 ) Q. Do you know any of the departments that any ( i n of them were in? (18) ( in MR. RIEHLE: Looks like there is not the appropriation request attached to the Exhibit J. r.i) A. Jim McGrath on the bottom (19) THE W ITNESS: But that's the only w as in os) manufacturing. L. Morrison difference. w as in engineering. W . (ie> Mitchell w as (2 0 ) MS. SHINING: Q. Exhibit K in engineering. R. Ham pton was in (n> appears to be -- 121 actually, can you engineering. identify for me what you believe 1221 Exhibit ;ip> Q. W hat was the first name of the K to b e ? Mitchell (is-) person? (23) A. This is National Loss's c m A. Wally. analysis request to (24) have the (2 1) Q. W as he a product engineer? samples analyzed and returned to them. (22) A. Yes.' (2 2 ) Q. And there is handwriting on this (25) Q. This is the backup for the 1978 report? form. Do (24) you know the two names and two phone numbers for Eugene <2S) Ziemba Page 107 and a Geo Krafsisin? Do you know whose i d A. Sam plestaken Ja n u a ry 6,1 97 8 . Page 105 (2 ) Q. Do you have any personal knowledge as to the (3) nature of this data " 0 handwriting that is? other than that a copy of it was (4) kept in is; A. It's Bob Ham pton's writing. the shoe grinding file? ' Co Q. W e can move on to the next one. (si MR. RIEHLE: Vague. W e have (4) marked as Exhibit I a cover (6) TH E W ITNESS: No, l have no idea. letter from National Loss (5) Control Service (i) MS. SHINING: Q. Exhibit L and M Corporation, and on this letterhead it () appear to (3> have been unstapled copies of shows that this is a subsidiary of Kemper two pages of a letter (9) from Mr. E. L. Corporation, m Do you know if Ammco Ziemba to Mr. Hampton, dated May 3rd, Tools had insurance, workers' (01 (10) 1978. M and L aretw opages ofthe compensation insurance or general liability sam e letter. Do t i n you have any personal insurance, (9) from Kemper Corporation. knowledge of this letter other <12) than that ( i d MR. RIEHLE: Compound, vague and it was kept in the shoe grinding file? ambiguous, (ii> irrelevant. (12) TH E W ITNESS: 1have no idea. (is) MS. SHINING: Q. Mr. Chasteen, (14) (is) A. No, this is ju st in answering our authorization to conduct a test, (is) Q. Is the reference to the Model would he ( id know, do you think? 800, is that an (is) error and should have : MR. RIEHLE: Sam e objections. been referencing Model 8000? :ii THE WITNESS: I would doubt it. ( 12; MS. SHINING: Q. Do you know if (in A. Yes. (is) Q. And if you would turn to Exhibit the studies (is> were commissioned through N. which is (i9) another letter from Mr. National Loss Control Service <19> Corporation because Ammco had insurance Ziemba to Mr. Hampton, he is <201 there again including a report. Now he refers to the through Kemper <201 Corporation? (2 D A. I have no idea. (2 2 ) Q. Do you know when you first saw (2D Model 8000. Do you have any other personal knowledge (2 2 ) as to the content of this letter other than the fact (23) that it a copy of the (23) two letters that have been was found in the shoe grinding file? marked as Exhibit I? W as it (24) before (24) A. No. yesterday? (25) Q. Exhibit O is a copy of a July 7th, ;2c; A. Oh, yes. 1978 Tooker & Antz Page 106 Page 108 (415) 392-0650 2 / 8 / 0 0 _____________________ XMAX(17/17) (i) letter. Is this the product safety report that exhibit 121 M refers to? (3) A. Yes. (4) Q. Do you know why this study was performed (5) further in addition to t[ie January 1978 study? () I see you're again reviewing the document, d ) Without a review ofthe entire document, do you have (8) any knowledge as to why this study would have been (si performed? (io) A. Not right offhand. <ii) Q. I want to come back to this in a second, but (1 2 ) jet's keep charging through these documents. W h a tw e (in marked as Exhibit P looks like another appropriation (i4) request. Is this the appropriation request for the (i5) July1978 study? (is) A. No, this Is 1986. ( i n Q. is this the study -- 1986, you mean? (13) A. 1986. (19) Q . Is this a study that you were involved in? * (20) A. Yes. (2 1) Q. And is the study that correlates to this (22) appropriation request - well, Exhibit Q, does that (23) identify the parts that were used in the 1986 test? (24) A. Yes. (25) Q. And Exhibit R, is that the study that Page 109 (1) resulted from this appropriation request? (2) A. Yes. (3) Q. And this is the study that you were involved (4) in, or that you (5) A. Yes. (6) Q. And you stated earlier that the reason for m this testw as again further reduction in the O SHA m limits? (9) A. Yes. tio) Q. Between 1975 and 1986, did you. yourself, u i ) take any seminars or courses in O SHA regulation? (i2> A. No. (13) Q. Did you ever obtain what's known as a HAZW O P, tii or a hazardous waste training program or certificate? (is) A. No. (is) Q. Did you, personally, in your job ( in responsibility, study OSHA regulations? (is) MR. RIEHLE: Overbroad, vague. Justto (19) exemplify how overbroad and vague, in the context of (201 performing this report there must have been some <211 reference to O SHA regulation, is that studying? (2 2 ) That's why I say it's vague. (23) MS. SHINING: Q. I will withdraw the (24) question. Let's keep moving through the documents, (2 s> because I do have a number of questions after we get Page 110 (i) through these, and I'll come back to the Page 103 fo Page 110 bsa Book vs. Asbestos Dfts' (BHC) Craig Mountz studies at tz> that time. ( i) Exhibit S is a letter from Laurie Corsi to :a) Craig Mountz, dated November 5th, 1986. W as Mr. Mountz <s> under your supervision at this time? is) A. T hat's me. CM MR. RIEHLE: Argumentative. m MS. SHINING: Just shoot me. is) MR. DAY: Means the answer is "yes." no) (Discussion off the record.) i l l ) MS. SHINING: Q. is this a true and H2i accurate copy of a letter sent to you? (is) A. Yes. {14) Q. Ms. Corsi refers to subscribing to Bureau of u si National Affairs publications. Do you know if Ammco, U6> after receipt of this letter, subscribed to any of ( ) those publications? ns) A. I don't know. H D Q. You didn't recommend that they do? (2 0 ) MR. RIEHLE: Argumentative. ( 2 D MS. SHINING: Q. Did you recommend that (2 2 ) they do? (221 A. I passed the letter on to m y boss. (24) Q. But, to your knowledge, nothing further was (zsi done? Page 111 (i) MR. RIEHLE: Do you know one way or the (2 ) other? (3) THE W ITNESS: No, I don't know one way or (4) the other. (5) MS. SHINING: Q. Do you know if Ammco ts> maintains a library of reference materials for m engineers to use? iei MR. RIEHLE: Vague. id THE W ITNESS: Each engineer basically has uoi his own group of handbooks. W e do have a few. i l l ) MS. SHINING: Q. Is there a central (1 2 ) location where some reference materials are kept for ( ) everyone to use? (i4) A. Yes. (is) Q . Is there a librarian who is in charge of ns) maintaining those? ( in A. Not currently. (1 8 ) Q. At what time was there a librarian? (is) A. W e didn't have a librarian per s e ,b u tth e <ao> departm ent secretary took care o f the library, ran -Q . That's not that person's responsibility (2 2 ) anymore? (2i) A. That position does not exist anym ore. (2 D Q. The reference materials, they are on their (25) own now? (8) Q. Who was the last person to have that position? (5) A. T h a t w a s a tem po rary position for quite a uoi while, so it w as anywhere from one day to two weeks, or ( ) whatever. 0 2 ) Q. W ho did the department secretary report to (is) directly? U4) A. Various people. Either the engineering vice nsi president or - 1 guess it w as the engineering vice U6i president. (in Q. There are some notes that we have marked as (ie> Exhibit T and Bates stamped 127 and 128. Can you (i9> identify these notes for me? uoi a . This ju st refers to the appropriation request (in for the brake shoes that w ere used for the test. <2 2 ) Q. Can you read the notes that are on the second (23) half of the page? (24) A. "Com puter" - "C om puter is dow n. W hen it's (2si up again they will give us a regular invoice. These Page 113 (i) items were ordered by us for Engineering." 2 ) Q. Do you have any idea who manufactured the (3)' rebuilt brake shoes originally that are referred to in (4 > Exhibit Q? (5) A. No, I don't. (6) Q. It says, "CFG." Would that refer to Carlisle? (7) MR. HUTCHINSON: Objection, calls for (8) speculation, no foundation. (5) MR. RIEHLE: Join. (io) THE W ITNESS: I have no idea. in MS. SHINING: Before lunch counsel handed to (12) me several documents that consist of instruction (> manuals, generally. And it might be too many separate d 4 1 documents to just mark collectively, so why don't we as) try and go through these in an organized manner. They d i are clipped together right now. Perhaps the witness i n i could let me know if they are clipped together in any (18) kind of chronological fashion? (19) TH E W ITNESS: No, notreally. (2 0 ) MS. SHINING: Let's start from the top. (2 1 ) W e've got one that starts with Bates 129, and that (221 would be marked as Exhibit U. (23) (Plaintiffs Exhibit U (24) marked for identification.) (29) MS. SHINING; Q. On the lower left corner Page 112 i d MR, RIEHLE: Argumentative, vague and (2 ) ambiguous. (i; MS, SHINING: Q. Who takes care of the (4) reference materials now? (5) A. All o f us. (?) Q. Do you know when that position was phased out? (7) A. Five o r six months ago. Page 110 fo Page 116 Page 114 (li of this document, it states, "1967 Ammco Tools, Inc." (2 i W as this document found in the shoe grinding file (3) that's maintained by the engineering department? (4) A. Yes. (5) Q. And do you have any reason to believe that () the document wasn't created in 1967? (415) 392-0650 mm XMAX(18/18) in A. No. (si Q. Do you have any personal knowledge of the te) contents of the t document other than what it states, {io; seeing as you were not employed at that time? u i) A. No. ( i2 ) Q, Do you know who may have created the document? (is) A. No. (14) Q. On Page 134, Bates number, actually Page 6A (is) of the document, it refers to, at the very last line, (is: maintenance of a brake shoe grinder, which includes in> "Empty dust bag frequently to ensure maximum efficiency a e i of vacuum system." Do you see that language? us) A. Yes. <201 Q. Exhibit C showed the label, the decal, which <2 1 ) referred to proper cleaning and maintenance. Is there 1221 anything else other than the section that I have just (23) read to you in this manual that relates to proper (24) cleaning and maintenance of the dust collection system (25) that existed in the Model 8000? Page 115 (U MR. RIEHLE: Argumentative, overbroad, vague 121 and ambiguous, lacks foundation. You're comparing (3) apples and oranges. (4) MR. HUTCHINSO N: I would also interpose an (S) objection that this document speaks for itself, and isi unless you want the witness to read the entire doqument (7) right now to see whether he observes anything else isj other than the language you just quoted him, I think (9) it's burdensome and oppressive, uoi MR. RIEHLE: Join, u i ) MS. SHINING: Q. Are you aware ofany other (1 2 ) instructions in this operating instructions manual that (> describe howto properly clean and maintain the dust (1) collection system? (15) MR. RIEHLE: Sam e objections. (is) MR. HUTCHINSO N: Join. (H i THE W ITNESS: Not without reading it. tisi MS. SHINING: It's notthat long. Let's go n w ahead and take a look at it. (2 oi MR. RIEHLE: Document speaks for itself. (2 i) Document is what the document is. (2 2 ) MS. SHINING: Q. Are you aware, prior to (23) 1975, o fany other instructions that relate.to proper (241 maintenance of the dust collection system other than (25) the line that's Line 5 on Page 6A of this operating*245 Page 116 a ; instruction manual? (2 ) MR. DAY: And the other documents you have (3) been discussing all day? (4) MS. SHINING: Right. (5) Q. Is there anything else other than that line (s> that talks about howto properly Tooker & Antz BSA v. Book vs. Asbestos Dfts' (BHC) Craig Mountz `maintain the dust n i collection system? ;ai MR. DAY: And the other documents you have tsi been talking about all day? a?) MS. SHINING: Right. Point it to me. Point ( i n tout. dm MR. DAY: Well, you started offfirst thing (13) this morning talking about documents created in 1973 ( id that dealt with the dust collection system. (is) MS. SHINING: Three pages, right. And there tie) was nothing in there about maintenance. I'm trying to cm figure out where else we talk about maintenance, and we ;13) have here an engineer who worked on shoe grinding, and us> I'm going to ask him his personal knowledge as to how (2 0 ) you do proper maintenance on this particular part of (2 ii this machine. (2 2 ) MR. RIEHLE: And we still have other 123) documents to go through. And I think the question < 2 0 really is overbroad, and I think the answer may be (25) found as we continue to move through the documents. So ;is) Q. And do you have any personal !knowledge - <si well, before I ask that, the Mast page of the document no) is an j addenda, which appears to perhaps have Ibeen added ( i l l to the document. Do you have any knowledge as to when 1121 this 1page was written? <i3) A. No. ( id Q. Do you have any knowledge as to who may have us> written that page? (iG) A. No. (i7) Q. Does Ammco have a separate technical writing ua> department outside the engineering department? (is) MR. RIEHLE: Vague as to time. (20) MS. SHINING: Q. At present? (2 D A. T h e service d ep artm en t writes service 1221 m anuals. Engineering departm ent w rites basically the (23) instruction manuals. (2d Q. From 1975 through 1986, do you know who was (25) in charge of the service department? Page 117 ;;) I think it's really an inappropriate question to ask, (Ci and it's overbroad, vague and ambiguous, and really (3) argumentative as well. ) MS. SHINING: Q. Let's move on, and we'll is) come back after we have gone through all the documents, (si then. CM Bates stamps 0138 through 0141 is titled "How is) to Grind a Brake Shoe." Bates stamps 0 1 4 2 --well, m let's mark this as Exhibit V. 110) (Plaintiffs Exhibit V ( in marked for identification.) :12) MS. SHINING: Q. Doyouhaveany . knowledge (i:<) of when this document was "created? (> A. No, I d on 't (is) Q. Do you have any knowledge of who may have 116) written this document? And it says On the front, i m "Prepared by the Ammco Training Center" Would this (is-, document have been created by Mr. Bullock? ci5) MR. RIEHLE: Compound question. It's vague <201 and ambiguous, calls for speculation. (2 D THE W ITNESS: W e had many people in the 1221 training center, so I wouldn't know who. (23) MS. SHINING: Bates stamp 142 through 147, (2d this appears - no, this is different. Do you know-- (25) MR. RIEHLE: W antto have this marked?*5 Page 118 (1) MS. SHINING: Yes. Can we mark this as )2 i ExhibitW. (2) (Plaintiffs Exhibit W id marked for identification.) (5) MS. SHINING: Q. D o youhaveany knowledge ici as to who would have created this document? cm A. No. Tooker & Antz Page 119 (1) A. I ca n't think o f his nam e. (2 ) Q. Would the service department 1have copies of (3) manuals in addition to the copies kept by the (d engineering department? (() A. Very recently, not back then. () Q. Did you talk to anyone in the service n) departm ents looking through the categories of the (8) Notice of Deposition? (9) A. Yes. uoi Q. Who did you speak with? ill} A. Gunter Seiles. (12) Q. S-i-l-e-s? (13) A. S-e-i-l-e-s. (14) Q. When did you speak with him? (15) A. A couple years ago, w hen w e did the m assive (is) search to find all o f these documents.' in 1 Q. W as that prior to the Texas litigation? (is) A. Yes. (19) Q Who else did you speak to at that time in <201 searching for documents relating to the --was this 121) also relating to the arcing machines? j (2 2 ) A. Yes. (23) Q. Who else did you speakto at that time? (2 d A. In the service departm ent? (25) Q. In general, with regard to searching for Page 120 (i) documents relating to the arcing i machines. j (2 ) A. Pretty much everybody: |Engineering (3) departm ent, service (department, sales department. !<d Q. Did you issue a memo to people, jo rdid you (5) speakwiththem directly? ;() A. There w as another person that w as in charge o> o f that, and she did the 'collecting. I'm not sure (8> w hether she (415) 392-0650 2 / 8 / 0 0 ______________________ x m a x ( is )19) did them by m em o or.... (5) Q. Who was that person? ( id A. She's no longer with the com pany either. ( in MR. RIEHLE: You're going to4be treading on (12) attorney-client information here. U3i MS. SHINING: W as she an attorney? ( i d MR. RIEHLE: W a s she an attorney? That's a usi question you can answer "yes". or "no" to. us) THE W ITNESS: No, she wasn't. ( n i MR. RIEHLE: Do you know if she was acting as) at the request of an attorney? (is) THE W ITNESS: Yes. I'm sorry, I can't (2 0 ) remember her name. (2 D MS. SHINING: Bates Page 148 is entitled 1221 "Arbor Plug." Do you know when this document may have (23i been created? (2 d A. This cop y w as taken from a sheet that w as <211 printed in hjovember '77, but that doesn't mean that Page 121 i d that was the first time it w as printed. (2) Q. It may have been printed for an earlier (3) manual? (d A. Yes. (5) Q. This is a November 1977 version? id A. Yes. [7i Q. Do you know what material this arbor plug was tsi m adeoutof? i9) A. It's a type o f styrofoam . I don't know any (ioi specific. ( in Q. Do you have any idea as to who the (12) manufacturer of this component part was? (13) A. No. ( id Q. Do you know when this component part was usi first manufactured? (is) A. I read it in one o f these docum ents. It w a s (n> in t h e '70s som etim e. (i3) Q. Do you know if any tests were performed to usn determine the result of using the arbor plug with 2 0 regard to the release of asbestos fibers? (2 D A. I believe It's talked about in one o f the <221 tests. (23) Q. In the 1986 test? (2 d A. I'm n ot sure. I s a w it In one o f them . I 125) d on't rem em b er which one. Page 122 (i) Q. This was sold as an accessory, or was this (2) ever sold with the aptual arcing machine? (3) A. Yes. (2) Q. W hen v/as it begun to be sold with the arcing (5! machine? In) A. 1don't rem em ber that. P> Q. W as it prior to 1975? (8) A. 1don't know. (5) Q. Would this part w ear out after Page 116 to Page 122 BSA Book vs. Asbestos Dfts' (BHC) Craig Mountz use? 1U) A. I wouldn't think so. i l l ! Q. Starting with Bates No. 149 is a document txai entitled "How to Do the Complete Disk and Drum Brake U3) Job." Do you know who may have created this document? d-u Oh. it says on Page 2, "by W alter Alley." Do you know usi Mr. Alley? a) A. No. i n ) Q. W as he with Ammco when you started there in tie) 1975? a ) MR. RIEHLE: That calls for speculation. He (2 0 i doesn't know who he is, so how can he know if he was m') there when he started? CD THE WITNESS: He was notthere. c i ) MS. SHINING: Q. Does Ammco still have a (24) director of training? C5l A. No. Page 123 in Q. Do you know when they last had a director of d training? (1) A. I think I said before, it was som ew here in (4) the e a rly '90s. c ) Q. So that's the director of the training center? (; A. Yes.' cr; Q. Do you have any other personal knowledge isi about the contents of this brochure other than what's (9) stated within the brochure? (ioj A. No. ( i l l MS. SHINING: And why don't w e -actually, (iai we didn't mark the arbor plug page, 148. Let's mark i n ) that as exhibit X, and let's mark what starts at Bates (1.4> 149 as Exhibit Y. (is.) (Plaintiffs ExhibitsX & Y (is) marked for identification.) i ' i (Discussion off the record.) C5: MS. SHINING: Q. Starting at Bates 167 is u si another operating and service instructions manual. On co> the second page, again, there are small numbers that c i : say "11 -85." Does that mean this document was also 1221 printed in November of 1985? (25) A. T hat m eans this particular version w a s (24) printed Novem ber '85. c 5 ) Q. And do you know who wrote this instruction Page 124 c ; document? c A. No. Q. And do you have any other personal knowledge <) of the contents of this document other than what's (5) stated in the document itself? A. No. Q. It would have been written by the service (Si department? A. No. MR. RIEHLE: Calls for speculation. : ii; THE W ITNESS; I don't know any particular (i2) person who would have written it MS. SHINING: Q. Andlthinkthe final (14) document that's been produced is a large specification usi that almost looks like a poster. It's entitled ue> "Instruction Card." Do you know if originals of the tn> instruction card are still in existence in Ammco? ns) A. No, not this one. ns) Q. The document appears to be dated June 12th, (2 0 ) 1958. Do you believe that that is when the document c n was created? (2 2 ) MR. RIEHLE: Well, there is a -- (23) THE W ITNESS: W here do you see that? (24) MS. SHINING: Q. Tiny, tiny, tiny, right (25) above the Bates stamp. Page 125 (i) MR. RIEHLE: Well, it says, "Supersedes Same (2 ) No. Dated." CD MS. SHINING: Q. Is it superseding an (4) instruction card from 1958? (5) A. This means this drawing supersedes a 1958 (6) drawing. n i Q. There are initials, it says, "Drawn R.H. (8) 4-12-60." Dops that indicate Robert Hampton created (9) this document in 1960? no) A. No. ( in Q. Do you have any belief as to the origin of (121 this document? m i A. No. (14) MR. RIEHLE: Vague. ( I'd MS. SHINING: Q. Is this document kept in tie) the shoe grinder file at Ammco? in ) A. No. ns) Q. Where did the copy of this document come from? (15) A. It's from the obsolete drawing file. (2 0 ) Q. W as this the only document found in the CD obsolete drawing file that related to shoe grinders? (22) A. The only one that contained any instructions 122) o r anything. (24) Q. Are there other documents relating to shoe (25) grinders in the obsolete drawing file? Page 126 u) A. W e talked before that the actual piece part (2 ) draw ings are in the obsolete file. (3) MS. SHINING: And I will repeat my request (4) for those.(5: MR. RIEHLE: I repeat my response. (> MS. SHINING: W hy don't we take a break. m MR. HUTCHINSON: Did you mark this? is) (Indicating.) (5) MS. SHINING: Z would be starting at Bates (10) number 167, and AA is at Bates No. 179. ( i i) (Plaintiffs Exhibits Z & AA <12 > marked for identification.) n i) MS. SHINING: Q. Let's see. Where did we (14> leave off? i i `u MR. RIEHLE: W e were just finishing Page 122 fo Page 128 (415) 392-0650 2 /8 /0 0 XMAX(20/20) (1 6 ) MS. SHINING: Q. W e were just finishing up n u with the documents and identifying the things that have us> been produced today. And just to kind of wrap up, us.' other than the parts drawings that we have discussed, tact are there any other documents responsive to Categories (2 D 1 through 30 that have not been produced today? (2 2 ) A. No. (23i Q. W h at I would like to do now is ask you some (24) questions that would relate more to --`there Is a (25) second section of the Notice of Deposition that calls Page 127 (i) for information sought and requires a person to be 121 produced as a person most knowledgeable regarding (3) basically the - actually, the identical categories as (4) the documents requested. And these categories now 5) refer to information, which could be more than to documents, that's Information that you have as the cn person who has been produced on behalf of Hennessy (8) Industries. (5) So, with that in mind, 1have been referring tioi frequently to "Ammco Tools," I think, or "Ammco," that ( in w as referred to by your counsel as a fully owned 1121 subsidiary of Hennessy Industries, Inc. Is that your (i3) understanding? (i4> A. Yes. (I'D Q. Do you have any knowledge with regard to who (i> owns Hennessy Industries? (in A. Danaher. (is) Q. And does Danaher wholly own Hennessy us: Industries? (20) A. Yes. (2 1) Q. And do you have any knowledge as to when that (2 2 ) acquisition occurred? (23) A. W hich one? (24) MR. RIEHLE: I think we're a little out of (25) the area of reasonably calculated to lead to the12*6 Page 128 (1) discovery of admissible evidence. (2 ) MS. SHINING: Category 2 refers to all (3) information pertaining to your corporate history and (4i structure, including all identities of your cr, predecessors and interests. ;) MR. RIEHLE: Just because you put it in (i) there doesn't mean it's reasonably calculated. I'm si saying I t 's (6) MS. SHINING: The acquisition of Hennessy by :ioj Danaher? a n MR. RIEHLE: Again, let me be more specific (i:> as to my objection. Ammco stopped manufacturing the (IS ) arcing machine before Hennessy acquired it. So how can (14) Hennessy's parent have anything to do with this ( ic<) company, this case? What's your offer of proof? (16) MS. SHINING: I don't need to make an offer (n ) of proof in a deposition. If you Tooker & Antz BiSA Book vs. Asbestos Dfts' (BHC) Craig Mountz want to instruct the (18) witness ~ u si MR. RIEHLE: Sure, you do. This is on m eet (2 0 ) and confer. How is it possibly relevant to this case? <211 Ammco stopped manufacturing the product at issue before 1221 Hennessy acquired it. How is Hennessy's parent even (23) remotely relevant to the issues in this litigation? (34i MS. SHINING: Are you instructing the (251 witness not to answer. Page 129 u i MR. RIEHLE: I'm asking for an offer of (2 : proof. (3i MS. SHINING: I don't need to make one. m i MR. RIEHLE: Then I'm going to tell the (5i witness not to answer without an offer of proof. If () you can't tell me how it's relevant, I'm instructing <n the witness not to answer, ('ll MS. SHINING: I think the identity of the company that has acquired the company that has been (io) served is absolutely relevant and completely <ii> discoverable as it may relate to the knowledge of the (121 hazards of asbestos, the awareness of the hazards of U3i asbestos, the location of documents, the identification n o of documents, who may be responsible for those usi documents, pension records, payable records, any number (i6j of categories that are in the Notice of Deposition. (i l l Who controls Hennessy Industries and how di they control it obviously relates to whether or not ciei this individual is the person with the most knowledge, 120) who is required to be produced. So it's in part <211 - directly relevant to issues that are at the heart of (23) the case, as well as relevant to whether or not this (23) individual is the person most knowledgeable. ( 2 0 MR. RIEHLE: Has anyone at Danaher ever been (25) involved in any way with any of the documents Page 130 (11 associated with this grinding machine? (2 : THE W ITNESS: No. (i) MS. SHINING: Q. Are there any additional (<> documents in the possession of Danaher with regard to (5) Ammco arcing/grinding machines? A. No. Q. Do you know when Ammco Tools, Inc. was (3> founded? A. 1923. : i :: Q. Do you know when they first manufactured an u i> arcing machine? (22: a . No, not for sure. M i! Q. Do you have an approximate understanding of ( i o when the first shoe grinder was made? M5! MR. RIEHLE: Calls for speculation, c i ) THE W ITNESS: Per the earliest documentthat a n you have, appears to be in the 1950s. CM MR. RIEHLE: The earliest document is 1958. ns) THE WITNESS: 1958. (2 0 ) MS. SHINING: Q. And you have no knowledge (2D of machines made prior to that time? (22) A. No. (23) Q. Doyou know whether or not either Hennessy 120 Industries or Ammco have entered into any sales (25) agreements to have any of their grinding machines Page 131 tu rebranded and sold under another company's name? (2) A. No. (3 ) Q . So they have not had such agreements made? m i A. Not as far as I know. (5) Q. Do you know if Ammco has ever licensed the (6i use of its trademark, "Ammco,'' to any other company for i d use with arcing machines? (8) MR. RIEHLE: Vague and ambiguous, calls for () a legal conclusion. (io) TH E W ITNESS: I do not know that, u i) MS. SHINING: Q. Is there an in-house 1121 general counsel at Ammco who may have more information d3i on whether or not the name "Ammco" was allowed to be U4) used by another company? (is) A. No. U6) Q. Has Ammco ever had an in-house legal ( in department in, let's say, the time that you were <ia> employed there from 1975 through tne present? (15) MR. RIEHLE: Vague and ambiguous as to (2 0 ) "legal department." (2i) MR. DAY: And, again, you're talking about (2 2 ) Ammco? (23) MS. SHINING: Right. (241 T H E W ITNESS: I don't think so. (25) MS. SHINING: Q. Do you know if Hennessy*(i)35716 Page 132 (i) Industries has an in-house legal department that would (?) have more Information on the use of its name? (3) MR. RIEHLE: Vague and ambiguous, "legal (4) department." (5) TH E W ITNESS: W h at do you mean by "legal 1 0 department"? (7) MS. SHINING: Q. Does Hennessy Industries 0 1 have any attorneys who are responsible for maintaining ( trademark usage? uo) MR. DAY: In-house? u i MS. SHINING: Right. M2 ) TH E W ITNESS: No. (13) MS. SHINING: Q. Does Hennessy Industries (14) have any paralegals who would be responsible for u si maintaining, sales agreements or licensing agreements, (16) things that would relate to the use of the Ammco name? (in A. No. (is ) Q. And that goes back - well, your T o o ke rft Antz (415) 392-0650 2/8/00 XMAX(21/21) knowledge (iso would be limited to the time that Hennessy owned - ( 2 0 well, forget it. Would your answer relate to the time <211 that Hennessy owned Ammco? (2 2 ) MR. RIEHLE: Vague and 4 ambiguous. (23) THE W ITNESS: Yes. (24) MS. SHINING: Q. Doyou have any knowledge (25) or understanding with regard to patents that would Page 133 in relate to arcing machines? (2 ) MR. RIEHLE: Overbroad, vague, ambiguous. (3) THE W ITNESS: I don't know of any. (4) MS. SHINING: Q. Do you know if any patents (5) have ever been applied for that would relate to an (6) arcing machine or one of its components? (7) MR. DAY: By Ammco? ' (8) MS. SHINING: By Ammco, right. (5) THE W ITNESS: I don't know. (io) MS. SHINING: Q. Have^you seen anything In <11) any of the files that you reviewed of Mr. Hampton's eio that would relate or have related to patent usi applications? (14) MR. RIEHLE: Vague and ambiguous, overbroad. (is) THE W ITNESS: No. (16) MS. SHINING: Q. Would there be anyone else t m at either Ammco or Hennessythat would have more usi information with regard to patent applications or (i5i patents? (2 0 ) MR. DAY: Currently employed? (2 1) MS. SHINING: Currently employed there, (2 2 ) right. (23) THE W ITNESS: It would probably again be Bob (24i Chasteen. (25) MR. DAY: Again, just so I'm clear, are we Page 134 (t! talking about patents with respect to the arcing 121 machine? (3) MS. SHINING: Yes. I'm sure my question (4) qualified it that way. (5 Q. Does that help you clarify? (6) A. If there w as, he w ould have produced i t But m he would be the only person that I w ould think w ould > know th a t (5) Q. Based on your experience with the shoe (ioj grinders, is It your understanding that none of the ( in component parts of the shoe grinder Itself ever (izi contained asbestos? u si A. T h a t is true, none did. (i4) Q. And you base that on your understanding of u si the component parts while you were a product engineer aei and an engineering manager? tm A. Yes. ns) Q. Did you ever v/ork on sourcing component parts :is> for the shoe grinders? 120) _ MR. RIEHLE: Vague. Page 128 to Page 134 BSA Book vs. Asbestos Pits' (BH) Craig Mountz <21! THE W ITNESS: W hat do you mean by !?2 ) "sourcing"? (2?) MS. SHINING: Q. W ere you ever assigned the <24 >. task of finding a manufacturer to provide a component cas. part for a shoe grinder? Page 135 <i) A. 1have w orked with m anufacturers on parts. (2 ) Q. W hat kinds of parts? p i A. Motors. That's probably about it. <4j Q. Who provided the motors for the shoe <si grinders? Again, let's start with 7 5 . (6) MR. RIEHLE: I guess I'm trying to fig u re d ) out h o w -I'm trying to speed things along here. <s) MS. SHINING: Certain motors are very well <s> known'to have asbestos-containing components, tioi capacitors, resistors, leads, harnesses, all kinds of (H i things. U 2 ) TH E W ITNESS: 1don't know who it would have us) been in 7 5 . U4i MS SHINING: Q. Do you recall at anytim e us: who manufactured the motors used in the shoe grinders? us) A. Marathon. t n i Q. W here are they located? U8) A. W isconsin. us) Q. Are they still in business? !2 J: A. Yes. (22) Q. Do you have an address for them? <2 2 ! A. N ot in m y head. <2 i ) Q, Do you have an address in your possession in <241 your office? !25; A. Yes. Page 136 u r Q. Do you recall anything more specifically tz> about the speed or the voltage of the motor? (3) A. Itw a s dual voltage, 110/220. (4) Q. W a s it the same type of motor, or did the (S) motor vary from either year to year or model to model? <s) A . I know o f tw o versions, d ) Q. And what are those? is) A. T h e m otor w a s basically the sam e. It w as (2) ju s t the mounting flange that cam e with I t u : i Q. And was that for large shops and small shops? ' A, No, it w as Just they changed their design o f U 2 ) the motor. (--) Q. And when was that, about? U4i A. Not too long before we stopped making them. 1?) Q. Can you recall working on finding a supplier usi for component part for a shoe grinder other than the c m motor? US) A. No. U r ; Q. Can you recall the manufacturer of any of the cno> gaskets used in the shoe grinders? <2 i i A, I don't think w e had any g askets in the shoe 221 grinder. (23) Q. How about seals? (24) A. The question was? (2.5.1 Q. Can you recall the names of the manufacturer Page 137 (t) of any seals? (?) A. No. (3) Q. On one of these pages it referred to a (4) thermal protector, on Bates Page 177. Do you have any <si knowledge as to what that thermal protector consisted 16) of? u i A, It's built into the motor, so that if the (si m otor would reach a certain tem perature, it would no autom atically turn off, rather than destroy itself. uo) Q. Do you know what it was composed of? u i) A. No. It was internal through the motor, built (12) by the m otor company. 113.1 Q. W as it a bi-metal switch, then? {14} A. I'm not sure. {15} Q. Doesn't ttiat refer to insulation? (16) A. It's basically a fuse that when the motor ( i n internally got to a certain tem perature, it would turn <ie> off. (IS ) Q. W ere the shoe grinders ever made with any <201 kind of insulation to protect from the heat generated 121) bythe spinning of the machine or the belts? (22) A. No. <23) Q. Did Ammco manufacture any of the parts for (24) the arc grinder itself? (25) A. Yes. Page 138 (l) Q. Can you recall which parts it manufactured (2 ) itself and did not outsource? (3 ) A. Other than the casting, w e did pretty much (4) all the parts. (5) Q. Well, except for the motor - and the motor? 18) A. Motor, the belt, the sandpaper, and the seal. (7 ) Q. Would any of the component parts used in the <e) shoe grinder be adapted for use in the brake lathe? <3) A. I think the V-b elt w as the only thing that no) was used on a brake lathe, ( in Q. And when, you're referring to the V-belt, is (12) there a drawing that would have - let's see. <i3> Referring again, if you want to refer to some of these (1 4 1 documents, is the V-belt the actual sanding unit? usi A. No, It's ju s t the drive belt that connects nei the m otor to the sanding disk. (H i Q. That's clear enough. From 1975, do you (18) recall any experimental testing -- again, other than (19) the air sampling testing - o f a prototype shoe tso) grinder? (21) A. No. (22) Q. Do you recall when any of the models --the (2 i> Model 8000, the Model 880, or the Model 890 --were (241 first sold by Ammco? 2/8/00 us) A. No. XMAX(22JZ2) Page 139 (1) Q. W a s that before your * employment there? (2) A. 880 and 890 w ere. I'm not sure ab o u t the (3) 8000. (4 ) Q. That may have been introduced after 1975? (5) A. T h a t m a y have been, but I don't think so. (6) Q. Do you have any knowledge as to how sales I D records of the arc grinders w ere maintained at Ammco? (8) A. No. (5) Q. Do you know who would have that information? 1101 A. T here is nob od y currently a t the plant that <m w as with Ammco. (12) Q. Is there a sales department separate and (i3) apart from manufacturing that would keep track of those d o records? * (is) A. Yes. (i> Q. And from 1975 through 1986, do you know who m> was in charge of the sales department? (is) A. Itw a s John Dragoni. (is) Q. How do you spell that? (2 0 ) A. D-r-a-g-o-n-i. (2D Q. Is he still employed by Ammco? (22) A. No. (23) Q. Is he still employed by Hennessy? (24) A. No. (25) Q. Is he retired? .*123468(io) Page 140 (1) A. Yes. (2 ) Q, Do you know where he resides? (3) A. I believe It's Missouri. (4) Q. Have you spoken to him in the last five years? (5> A. Yes. (6) Q. When was the last time you spoke with him? (7i A. M aybe tw o m onths ago. (8) Q. W a s it a social call, or was it related to (s> Ammco? (io) A. It w as social. ( i n Q. Did you speak with him when you were <12) searching for documents relating to arc grinding (13) machines, I think we discussed, prior to your first iu> depositions? CIS) A. Yes. (i) Q. At that time did he have any sales records ( i n relating to the sales of shoe grinders? (is) A. No, I don't believe so. (1 8 ) Q. At that time did he have any catalogs that ( 2 0 would describe shoe grinders? (211 A. No. This package w as all that w e could find. (2 2 ) Q. Do you know where he looked lor his records? (23) A. His hom e, I guess. (24i - Q. W a s he employed by Ammco at Page 134 to Page 140 (415) 392-0650 Tooker & Antz bsa Book vs. Asbestos Pits' (BHC) Craig Mountz the time of ..be <2si search for this information? Page 141 m A, No. r : : Q. Who was the director of sales at that time? A. Ron Newton, <4i Q. How do you spell that name? tsi a . N-e-w-t-o-n. <5) q . Do you have a current address for Mr. (7> Dragoni? (3i A. No. iso Q. Do you have his current phone number? :i*) A, No. Q. Did he call you? <i2i A. No. He w a s in the plant. I forget w hat he tu t w as doing there, but he w as just visiting, and he n o stopped by, and w e talked fo ra couple minutes. <isi Q. W as he accompanied by anyone else? <:*': A. No. !'") Q. Is that unusual to drop by. -,isi MR. RIEHLE: Vague, argumentative. <131 MS. SHINING: Usually you need a pass to get <201 on the floor of most manufacturing facilities, c i i MR. RIEHLE: Calls for speculation, assumes <221 facts notin evidence. <23) MS. SHINING: Q. How long was he employed cm by Ammco? W as he employed there more than 30 years? 25) A, Long, long time. Page 142 <i) Q. More than 25 years? <2 ) A. I would guess so. 3) Q. And is Mr. Newton currently the h ea d o f sales? <4) A. Yes. <?) Q. And I take it you would have no information (6) as to whether the sales department follows the document (7) retention policy? <0 ) A. I would have no idea. 15: Q, Do you have any knowledge as to the different <io> sales regions that Ammco had - well, strike th a t Did <U) Ammco have sales regions for shoe grinders? :--> A. I don't know that. 423} Q. And the sales department would know more? 14) A. Yes. is) Q. Do you know if any shoe grinders were ever 11) re-called from the market? U 'i A. Not that I know of. ;.:?) Q. Do you know if any re-call notices were ever (15) issued for any component part of a shoe grinder? t2oi a . Not that I know of. 2D Q. Other than the service bulletins and the (2 2 ) operating instructions that have been produced today, <2 3 ) are you aware of any other service bulletins that were (24) produced that related to brake shoe grinders? <25) A. No. Page 143 (i) Q. W ere all Ammco brake shoe grinders <2 i manufactured at the three facilities you have cai described, at one of the three facilities, throughout ) that time period? <5) A. As fa r as I know. <6! Q. Did Ammco ever purchase shoe grinders from <' ) another manufacturer for resale under its name? <8) A. Not that I know o f. <si Q. Do you have any knowledge as to how many shoe <1 0 ) grinders Ammco could keep in inventory, let's say, in <n> the 1970s, on average? (12) A. No. (13) Q. During the 1980s? (14) A. No. as) Q. Well, do you know who would be in charge of <i6i maintaining that inventory? <171 A. As fa r as w hat? <181 MR. RIEHLE: Vague and ambiguous, us) MS. SHINING: Q. W e re shoe grinders made <201 after they were purchased by a customer, or were they (2i) kept in an inventory? <2 2 ) MR. RIEHLE: Same objection. (23) THE W ITNESS: I wouldn't know at that (24) particular time. (25) MS. SHINING: Q. Would that be something Page 144 (l) that the manufacturing department would be responsible (2 ) for, or would it be the sales department? <31 MR. RIEHLE: Sam e objections. (4) THE W ITNESS: I wouldn't really know. (5) MS. SHINING: Q. Did Ammco have a separate <) warehouse facility? (7) MR. RIEHLE: Vague as to time. (8i MS. SHINING: Q. At any time? (si A. From '75 on, th e y did not. A nd I d o n 't know <io> prior to t h a t i l l ) Q. Could you say that again. (i2 ) A. From when I started, on, I don't know o f any U3) separate warehouse. And I don't Know, before I g o t U4) there, w hether they did or n o t <i5i Q. Do you know who was the head of the <i6) manufacturing department in the late 1970s? U7) A. I think w e ran acro ss his nam e earlier m i today. | mentioned it then. I can't remember It now. <19) Q. Do you know who was in charge of process <201 engineering in the late 1970s? 2 1 ) A. Joe Cam poto. j <2 2 ) Q. W as he in charge through the 1980s also? 23) A. I believe so. <24) Q. Did the head of manufacturing change in the <25i early 1980s? Page 145 m A. There w ere multiples, but I Tooker & Antz (415) 392-0650 2/8/00 XMAX(23/23) d o n 't know w h a t <2 ) dates. (?) Q. Boy, I don't see that. W ho can you remember (4) as in charge of manufacturing, let's start with 1980? (5) A. It w a s in o ne o f these letters. <6) Q. W as it Jim McGrath? <7) A. Yes. <a) Q. Do you know who it is now? (3) A. W hois in charge o f m an ufactu rin g? (10) Q. Right ( in MR. RiEHLE: Irrelevant, not reasonably (12) calculated to lead to the discovery of admissible (13) evidence. ( in MS. SHINING: Well, again, to the extent <isi that there might be other documents'that would relate (ie> to inventories of arc grinding machines and that would (17) be the person who possessed them, my next question (18) would be: Did he ask that person whether that person <19> searched for those documents? So we've got to start <201 with who it is. t (2D THE W ITNESS: W e have a temporary guy just <221 in the last week. His name is Jim Paul. (23) MS. SHINING: Q. Did you speak with Mr. (24i Paul with regard to documents? (25) MR. RIEHLE: Did Mr. Psu! find any documents*6813420 Page 146 ) in the last week? (2 ) MS. SHINING: I think you gave him the (3) Notice of Deposition yesterday, so I (4) THE W ITN ESS : He was involved when we pulled (5) the original file a couple years ago. (6) MS. SHINING: Q. So he was involved in n> looking for manufacturing documents at that time? (8) A. Yes. (5) Q. Now I would like to ask you a couple of no) questions about the appearance of the arc grinding ( in machines. And what color are, were, Ammco brake shoe (121 grinders? W ere they more than one color? (13) A. T h e y a re d ark blue. (14) Q. Do you know the manufacturer of the paint u si that was used for the machines? (i6) A. I know there has been several, but I don 't (i7> k n o w who. do) Q. Do you know if that information has been kept tie) in the purchasing department? (2 0 ) a . T h e y m ig ht know. (2D Q. Has there ever been an attempt to trademark 221 the color of an Ammco machine, like John Deere green? (23) a . N o t th a t I know of. (24) Q. Do you know if there is a specific number 25) that's associated with the kind of color that you Page 140 to Page 146 BSA Book vs. Asbestos Dfts' (BHC) Craig Mountz Page 147 a ) describe as dark blue? :=> A. Yes, |'m sure there is. t?) Q. Do you know if there is a quality control n i element to make sure that all Ammco machines are the <5) particular shade of dark blue? tsi A. W e have a paint spec procedure, yes. (?) Q. Can you describe that procedure? (si A. It's five o r six pages, and it lists all the different specifications. (i<n Q. W ho is responsible for maintaining that ( i l l procedure, the actual copy of the book itself? a?) A. Quality control. (13) Q. Is that within the engineering department or (i4> the manufacturing department? (lsi A. I think they a re under the control o f ue) manufacturing. a n Q, Do you know who was in charge of quality (is i control while arc grinders were being manufactured? dfti A. I'm not sure. (2 0 ) Q. Manufacturing, then, would be responsible for (2 D carrying out that protocol; is that correct? (2 2 ) A. Purchasing fo r purchasing the paint, and (2 ?) manufacturing for applying it correctly, (2 <i Q. And is the same color used on arc grinding (2 `.> machines that's used on all other Ammco machines? Page 148 : ii A. All o f those th at are blue. Most. T h a t (2 ) didn't sound right. (3 ) Q. W h at Ammco products are not blue? And I ) presume it's by product line. ` ) A. R ig h t B rake w ashers are red and black. () MR. RIEHLE: W e are again going far afield. (7 ) MS. SHINING: Q. Are only the arc grinders <ei blue? Are there other Am mco products that are the same (?) color blue? ao) A. Yes, m ost all Am m co products are blue. i l l ) Q. On Exhibit U, which is the first of the ( 12) several Instruction manuals, there is a picture of the (isi Model 8000. Is the cover that you referred to earlier <ii that th e warning decal Is placed on, Is that In the : i 5 ) center of the unit, on the top, above the label? is n o that where? :7) A. Yes. . 2?) Q. Do you know when in the manufacturing process <i?> that label is applied? CO) A. N ear the end. 2 D Q. Do Ammco products come In pallets or crates (221 or boxes that bear the Ammco name? 23) A. Yes. 2-)j Q. Has that label that's on the outside box `-i changed, to your knowledge, since 1975? Page 149 t il MR. RIEHLE: Until 1986? (2 ) MS. SHINING: Q. Through 1986, was there (3) any change in the way the boxes looked? (<) A. I don't know th a t (?) Q. Do you know what the packaging looks like (6> that an Ammco shoe grinder would have been shipped to (7) the customer in? (?) A. It w as In a cardboard box. (?) Q. Do you know If Ammco maintains copies of such uoi cardboard boxes? (H ) A. Usually. (12) Q. And who would maintain that sort of thing? (is) A. Engineering. ( i ( ) Q. And I presume you weren't able to find any (isi samples of boxes that were used with shoe grinders? I (161 shouldn't presume anything. Did you look for such (17) boxes? (i? ) A. I think it j ust w as a plain box and had a d?) label on it. (2oi. Q. Do you have a sample of the wording of the (2 i> label anywhere at Ammco? (221 MR. DAY: The label for the brake shoe? (23) MR. RIEHLE: The label for the box? (24i MS. SHINING: The wording that was on the (25) box.*124530 Page 150 (1) MR. RIEHLE: This is like The Cat In the Hat. (2 ) MS. SHINING: Q. Do you understand what I'm (3) asking? (4) A. Yes. If It exists, it will be in the (5) obsolete engineering draw ing file. (?) Q. W as the language that's on the box similar to (7) the language that's used with the brake lathes? cej a . Usually it's ju s t "Am m co," the p art num ber, (?) and w h at it is. no) Q. There Is no warnings on the outside of the ( i f > cardboard box that It's shipped in? , (12) A. No. (13) Q. And that's the shoe grinders I'm referring to. (14) A. Right. (is) Q. Other than the tests that were produced by 11?) National Control Labs, do you recall testing any other (i7> brake components with regard to their use in the shoe (is) grinding machine at any time from 1975 through 1986? (i?) MR. RIEHLE: Vague and ambiguous, overbroad, (20) THE W ITNESS: I do not recall. (2i> MS. SHINING: Q. You don't remember ever (22) testing brakes to see how the shoe grinders were (23) working? (24i A. I thought you asked parts o f the shoe grinder. (25) Q. | may have. I may have. But that's not what Page 147 to Page 153 (415) 392-0650 2/8/00 XMAX(2</2<) Page 151 (i) I meant. Thank you. Do you recall at any time from (21 1975 through 1986 actually testing the shoe grinder <3 i using an actual brake shoe? (4) A. Our training center would do that. is) Q. Do you recall receiving written reports of is) results of such tests? CM A. No. (8 ) Q. Do you recall having oral reports on how the (?) shoe grinders were working? (id) MR. RIEHLE: Vague and ambiguous, ( i l l THE W ITN ESS : The typical scenario would be: U 2 ) "GM has a new vehicle out. 1 Let's make sure that our (is) equipment will fix that particular car or truck." And 14 > so we would try everything that is new. (is) MS. SHINING: Q. Whenyou would run a test ( i on how the shoe grinder was working -- I'm sorry. WJien is?) the training center would test these new parts, what 118) were the form of the results that they would give you? (is) MR. RIEHLE: Vague and ambiguous. ti?) THE W ITN ESS : Like I say, I don't recall any (2 D written reports. (22) MS. SHINING: Q. Do you recall any other (23i formal report? For example, was there a meeting held (24! once a week where you would get results back? *25) A. No. Page 152 (i: MR. RIEHLE: Vague and ambiguous. (2 ) MS. SHINING: Q. W ere there any kind of (3) regular meetings with the training center where they > would report to you how the product was working? (5) A. No. (?) Q. You don't recall any way of getting feedback o> on how people who were testing the product thought it (8) was working and ways to improve It? (Si MR. RIEHLE: Argumentative and misstates the at testimony. ( in THE W ITNESS: I don't recall any feedback. (12) MS. SHINING: Q. In Exhibit U, on Bates (13) Rage 132, there is a reference to some W agner Servo ins compound brakes and some Lockheed brakes used by 11: i Chrysler products. Do you see the reference in the ns) middle of the page? (17) MR. RIEHLE: Are you referring to the 1967 (18) document? (is). MS. SHINING: Right. (2 0 ) MR. RIEHLE: W hat's the question? (2 1) MS. SHINING : I'm just letting him look at (2 2 i that. (23) Q. Does that document suggest that the shoe (24) grinder should be used differently for particular :2 i; different kinds of manufacturers' products? Page 153 (i) MR. RIEHLE: Vague and ambiguous. Tooker& Antz b| a _______ Book vs. Asbestos Pits' (BHC) Craig Mountz The (2 | document speaks for itself. 13) MR. HUTCHINSON: Join in that objection. t il THE WITNESS: Yes. Not all brakes are si alike. There are different designs, and you had to (6) clamp them in there differently. (?) MS. SHINING: Q. Other than the particular (6) types of brakes, the Wagner and the Lockheed brakes <s> that are described here, can you think of any other n o) differences in brake shoes that required a different t i l) use of the shoe grinder? 112) MR, HUTCHINSON: Object, it lacks (is) foundation, calls for speculation on the part of this <K> witness, it's vague and overbroad. (i*> MR. RIEHLE: I agree and join. I'll rule on (16) that objection, i n i MS. SHINING: Q. You can go ahead and tie) answer the question. (is) A. The question is: Are there other styles? ::;) Q. Right, that would require the unit to be used (2 D in a different way. -...2) MR. RIEHLE: Same objections. .(.:.' ) THE WITNESS; I wouldn't know back at that (2i) time. (25) MS. SHINING: Q. How about in 1975. Page 154 11) MR. HUTCHINSON: Still object, there is no 12) foundation, calls for speculation on the part of this (?) witness, it's vague and it's overbroad. 4) MR. RIEHLE: Join, (5) T H E WITNESS: I don't know for a fact. ,>:) MS. SHINING: Q. The 8000, 880, and 890 (?) products, those were designed before you were employed (8) at Ammco? ss> A. Yes. ::oi Q. Do you have any knowledge as to who the u i ) designers of these products were? (12) A. No. (13) Q. Would there be anyone still employed at (14) either Ammco or Hennessy who would have knowledge as to as) who designed these products? (isi A. Nobody at Hennessy. ::?> Q. Would Mr. Dragoni know? .is) MR. RIEHLE: Calls for speculation. :?(-) MS. SHINING: Q. Do you know if Mr. Dragoni (SN knows? :2 i) MR. RIEHLE: Calls for speculation. (2 2 ) Actually, that's an okay question. I withdraw my (23) objection. (24) TH E W ITNESS: I do not know if John would (25) know. Page 155 (i> MS. SHINING: Q. Do you have any knowledge (2 ) as to the volume of shoe grinders that were sold from (3) 1975 through 1986? (4) MR. RIEHLE: Calls for speculation, vague (5) and ambiguous. (6) MS. SHINING: Q. Would members of the sales (?) department have more information? (8) MR. RIEHLE: Sam e objections. (5i MS. SHINING: 'Q. Again, my question is not no) limited to documents. If someone knows of that ( in information, that would be responsive. (12) MR. RIEHLE: There is no question pending. (13) Is there a question pending now? (14) MS. SHINING: Um-hum. (isi (Record read.) (isi MR, RIEHLE: Same objections. ( in MS. SHINING: Q. Do you know if anyone in tie) the sales department has Information as to the number (is) of shoe grinders sold? (2 0 ) a . I d on't think so. (21) Q. Do you know if Ammco ever maintained a (22) customerlist of people who purchased shoe grinders? (23) A. I don't know. (24) Q. Did you ever maintain a list of customers who (25) you know have purchased Ammco shoe grinders? Page 156 H) A. No. (2 ) Q. Can you recall any of those persons, the O) outside customers that you had spoken to, albeit (4) rarely, with regard to an Ammco shoe grinder? (51 A. No. (6) Q. Did you ever conduct any market research on m competitors of Ammco in the sale of shoe grinders? (8) A. No. (3) MR. RIEHLE; Vague and ambiguous. (10) MS. SHINING: Q. Do you know who Ammco t u i considered its competitor products to be? ( 12) MR. RIEHLE: Are you talking about brake ( ) shoe grinders? (14) MS. SHINING: Right. (is) MR. RIEHLE: Reask the question just to get (i6) a clear record. (1?) MS. SHINING: Q. Doyouknow who Ammco cie) considered its competitors to be in the brake shoe us> grinding market? (20) a . W e had several. O ne w as Sheppard Thom ason. <21> O ne w a s Star. There were several European com panies. (22)- One w a s Hunger. (23) Q. How do you spell that? (24) A. H-u-n-g-e-r, Raviglioli. I guess th a t's ail (25) (re m e m b e r. Page 157 (i) Q. Have you ever heard of a company called (2 ) Accutum? m A. Yes. (4) Q. Did they make shoe grinders? (5) A. N o t th a t I know of. (6> Q. Did they make brake lathes? (?) A. Yes. 8) Q. How about Bear, B-e-a-r? Did they m ake shoe (5) grinders? Tooker & Antz (415) 3924)650 2/8/00 XMAX(25f25) (io) A. a n Q. located? They m ay have. I'm not sure, Do you know where they are (isi A. They have gone through a lot o f buyouts. I'm (13) not sure if theystlll really exist. (i4i Q, How about FM C Corporation? Do you know if (isi they made shoe grinders? (16) A. I don 't know that. (17) Q. How about a company called Aseco, as) A-s-e-c-o? I believe they made accessories, but do you usi know if they made shoe grinders? (2 0 ) A. I have never heard o f them. (21) Q. How do you spell Sheppard Thomason? (2 2 ) A. S-h-e-p-p-a-r-d . Last w ord is Thom ason, 123) T-h-o-m -a-s-o-n. (24) Q. Do you know if any of these companies still (Z5) manufacture shoe grinders? Page 158 t (U A. I know S ta r still does. (2 ) Q. Do you know what their shoe grinders look (3) like? (4 1 A. Pretty m uch like ours used to look. isi Q. Do you know what color they are? (6) A. All their equipm ent is red and w h ite . (?) Q, W hen you say they are pretty much the same, (ei are you referring to the size? (5) a . P re tty m uch looks like a good copy of ours. no) Q. W hen you say they are red and white, are they u i> primarily red, or are they primarily white? (121 A. Prim arily white, with red trim. (13) Q. Do you know what Sheppard Thomason's shoe grinders looked like? W hat color were they? usi A. I haven't seen any fo r a long tim e. 1don't (16) rem em ber. (17) Q. Do you know what either of the European h b ) versions, do you know what color those products were? u si A. I think Hunger's Is blue. I'm n ot sure ab o u t (2 0 ) Raviglioli. (2 i) Q. W a s the Hunger product completely blue, or 1221 was it blue with other trim colors? (23) A. I think, o th er than knobs and things like (24) that, it w a s blue. (25) Q. W as it a lighter or a darker shade of blue*(i)57 Page 159 (i) than the Ammco blue? 12) A. I believe it's lighter. <3! Q. Did it also have the motor to one side, like (<) the Ammco motor? (5) A. W hich one? (6.) Q. The Hunger model. (7) A. ft's a d iffe re n t design. (si . Q. W here was the motor on that Page 153 to Page 159 * Book vs. Asbestos Dfts' (BBC) Craig Mountz design? (si A. In the m iddle o f its design. 1 0 ) Q. So you would grind the shoe toward one side? (11) A. It didn't look anything like ours. (1 2 ) Q. Do you have any knowledge as to how many shoe (i3> grinders these four companies would have sojd compared a i to Ammco? us) MR. RIEHLE: Calls for speculation. To a (1 6 ) certain extent, already asked and answered, If he <17> doesn't know how many Ammco sold, how can he know how (is) many these other companies sold in comparison? (is.) MS. SHINING: He might have a proportional t;oi understanding. (2 1) MR. RIEHLE: Same objections for the record. (2 2 ) THE W ITN ESS: I have no idea. (CD MS. SHINING: Q. Have you ever seen any n o market studies that compared sales of Ammco products to C D these other products? Page 160 (i! A. No. (2 ; Q. Did you ever see any sales figures that on compared sales of shoe grinders made by these other (<) companies to Ammco shoe grinders? (5) A. No. (6) Q. W eren't ever curious? Didn't ask the sales d ) reps, "How we are doing?" (6) MR. RIEHLE: Argumentative. : MS. SHINING: Fair enough. (1C) Q. Do you know where Sheppard Thomason is d i) located? (1 2 ) A. I believe it's in California. <i2 ) Q. Do you know when the two European companies d o stopped making shoe grinders? c i ; A. I think they stilt do. n s) Q. Do you know if the sales department would ti7) have maintained comparative records as to how many shoe css grinders it sold compared to other companies? d i ) MR. RIEHLE: Calls for speculation, asked (2Q> and answered. (2 i) THE W ITNESS: Idon't know. (2 2 ; MS. SHINING: Q. Do you know how much a a shoe grinder cost in 1975? : A. No. 2 6 ; MR. RIEHLE: Any shoe grinder? Page 161 ::: MS. SHINING: What's that? cs MR. RIEHLE: Vague and ambiguous, (s; MS. SHINING: Q. Do you know how much a to dust system collection unit cost in 1975? c ; MR. RIEHLE: Vague and ambiguous. ( T HE W ITNESS: No, I don't. MS, SHINING: Q. Do you know how much (si either of those items cost in 1986? ; a MR. RIEHLE: Sam e objections. (16! THE WITNESS: No. (ID MS. SHINING: Q. You're just not curious (121 about these things, are you? Not a salesperson at all? m i A. No, I'm a designer. U4) Q. I think I already asked you about the (15) distribution chain. You don't have any knowledge as to a ) how the products were distributed: is that correct? (ID A. Vaguely. But I don't understand, so, no. n ei Q. Do you know if Ammco ever sold any shoe (19) grinders to the U.S. government? (2 0 ), A. Not fo r a fact. (2 1) Q. Do you know if Ammco ever sold any shoe (22> grinders to any government agency? (2 2 ) A. I don't know that. (24) MS. SHINING: Do you want to take a break? zsi I am making good time here. Page 162 i d MR. RIEHLE: How are you doing? (2 ) THE WITNESS: I'm okay. (3) MR. RIEHLE: Do you want to take a break, or (() do you want to press ahead. 5) THE WITNESS: W e can keep going. 6) MR. RIEHLE: I see 5:00 o'clock looming. n> MS. SHINING: I'm doing my best, (8) Q, Regarding all three models that we have is>) talked about, were there different sizes of brake in products, friction products, that could be arced in the m i different models? (is) A. Yes. (13) Q. With the 880, what size brake product was n o designed to be used for that? (is) A. The different models - the 880,890, and do) 8000 - are per the type o f shoes w e w ere talking about (m before, not the size, ns) Q. Could you please be more specific. I'm not (is) sure I asked about the types of shoes, other than -- (2 0 ) A. T he design. (2 D MR. RIEHLE: Vague and ambiguous. (22) MS. SHINING: Q. I don't think) asked (23> that, so let me see if I can say it in a different (24) way. Well, just generally, what types of brake shoes (25) were designed to be arced in the 880? Could you have*3612 Page 163 (i> arced a truck shoe in the 880? 2) A. Light truck. (3) Q. W hat about standard automotive, standard i consumer cars? Would brake shoes for those fit in the d ) 880? (6) MR. RIEHLE: Vague and ambiguous, in THE WITNESS: Yes. (?) MS. SHINING: Q. W as the 890 designed for a w different size shoe? (101 A. Different design, different style shoe. a n Q. W hat different style shoe, again? (12) MR. RIEHLE: Calls for speculation. Page 159 to Page 165 (415) 392-0650 2/ii/OO XMAX(26<26) (i3) THE W ITNESS: It's all in the instructions. (i4i I would have to find it. (ID MS. SHINING: Q. How abopt Exhibit Z? (16) A. T he 880 w a s basically a high-volume shop, m ; And the only differences between the three is just how ns) you grabbed on the shoe while you w ere grinding. The u h rest o f the machine was identically the same. (2 0 ) Q. So what is the part that you would -- is it m i the brake clamp? Is that the part that - (2 2 ) A. Yes, this little p art right here is the only (23i difference betw een the three models. (Indicating.) (24) Q. And you're referring to the very middle of (2S) the design? Page 164 (i> A. Yes. (2 ) MR. RIEHLE: The shoe clamp? 13) THE W ITNESS: Yes. It's just a part that (4) held the shoe while you were grinding. (6) MS. SHINING: Q. Now, with the pre --well, (6) with the shoe grinder that was not designed to be used (7) with the 8925 dust control system, can you point to (si where on these diagrams that we have produced today the (3) dust control mechanism is in the older model shoe iioi grinder? (H i MR. RIEHLE: Vague and ambiguous. Do you 1121 understand the question? (3) MR. DAY: You just want to know where the (14) dust bag was attached? U S) MS. SHINING: Q. Well, is there a dustbag ii) for the shoe grinder prior to the use of the 8925? d i) A. You're looking fo r a picture? (isi Q. Right. (15) A. It basically attached to the s a m e p la c e . (201 It's ju s t th a t it didn't have --it w as a sm aller bag (211 and didn't have all this on i t (Indicating.) (2 2 i Q. W hat page are you referring to? (23) MR. RIEHLE: Look at the Bates stamp page (24; you were talking about. (25) THE W ITN E S S : In Exhibit O, it would be 110. Page 165 U! MR. RIEHLE: Bates stamp H 110. (2 ) MS. SHINING: Q. So, on Page HO, the shoe (3) grinder is the little unit that's on the right-hand mj. side of this table? (5i A. Correct. (-:; Q. So the dustbag would hang off to the right (7i of the shoe grinder as it's set up in this 6) configuration? <5) a . C o rre c t (H i Q. How much smaller, if you know, was the d i ) original dust bag system? 112; Would you call it a system? ( lii MR. RIEHLE: Compound. (i4) MS. SHINING: Q. W a s it ever referred to at (is: Ammco as a system Tooker & Antz Book vs. Asbestos Dfts' (BHC) Craig Mountz prior to the adoption of the 8925 U6) dust collection system? ;'7) a . 1don 't know that. ;:) Q. Do you know what size the dust bag was prior u si to the adoption of the 8925? t=ot A, No. fz ii Q. Do you know if it was possible to use a bag tea) other than the plastic bag provided by Ammco as part of (23> the dust bag either prior to or after the use of the C4) 8925 system? 1251 MR. RIEHLE: Calls for speculation as to Page 166 c i what's possible. Anything's possible, c i MS. SHINING: Q. Do you have any knowledge m of anyone ever using anything other than the Ammco m i plastic bag as a part of the dust collector? c i A. No. Q. Do you recall on how many occasions you i?) actually spoke to customers outside Ammco with regard (l to their use of the shoe grinder? A. No. col Q. Do you know if It was more than five times? u ii A. Probably not. 171 Q. Do you have any experience as a professional tiai mechanic? m i A. N.o. cr. i Q. So all your experience is related to lie.) engineering experience at Ammco? : m MR. RIEHLE: That's argumentative. You said uoi "professional mechanic." He could be an amateur (is) mechanic. :=0 > MS. SHINING: Q. Do you do amateur mechanic (2D work? :=i A. Yes. 23) Q. And that's for your own cars? :=4> A. Yes. :2M Q. Do you do your own brake jobs? Page 167 <u A. Sometimes. 2) Q. How many times have you performed a brake job? 3) A. M aybe 40 o r 5 0 , 1suppose. m i Q. W ere those on disk brakes or brake shoes? A. Both. :> Q. How many times have you performed a brake job cn on a brake shoe, again for your own personal vehicles? :?' A. Oh, personal. A fe w times. : Q. More than ten? :: i A. Maybe ten. i i ) Q. Do you recall the names of the brakes that tin) you were working on, the names of the manufacturers of ii3> the brakes that you performed those - strike that. Did you grind those shoes? ;:n A. No. Q. Did you file them with a file? I2T) A. No. *2S) Q. Did you just replace old with new? US! A. Yes. (no Q. In your oyvn personal life, have you ever rail arced a brake shoe? (2 2 ) MR. RIEHLE: Ever in his whole life? (23) THE W ITNESS: Yes. (24i MS. SHINING: Q. How manytimes have you (25i done that, both personal and - can you estimate how Page 168 ( 11 many times you have done that personally and, again, at (2) Ammco? (3i MR. RIEHLE: Are those two different, I mean m i if he's done it at Ammco versus personally? (5) MS. SHiNING: I'm trying to shorten It up. (si Q. How manytimes have you done that personally, m can you recall? tat A. No. It w a s a lo n g tlm e a g o . (9) Q. Can you estimate how many times you have done (ioi that as an engineer at Ammco? (u i A. No. Not many. (12) Q. Less than 50? (13) A. Yes. (14) Q. Did you wear a mask while you weredoing that? (is) A. Probably n o t 1 6 ) . Q, Did you wear a respirator? (in A. No. (i8) Q. You can't remember whether you wore a mask or ciS) not? (2 0 ) MR. RIEHLE: Misstates the testimony. (2 1) THE W ITNESS: No, I did not. (2 2 ) MS. SHINING: Q. W e re there any warnings (23) posted from 1975 through 1986 at Ammco, where brake (2 4 ) shoes would have been arced fortesting purposes, with 25) regard to the release of asbestos fibers? Page 169 (i) MR. RIEHLE: Overbroad, vague and ambiguous. 2 ) TH E W ITNESS: All of our machines contained (3) at least the two warning stickers on them. (4) MS. SHINING: Q. W e re there ever any other (5) dust control systems provided to employees at Ammco (6) other than the original dust collection systems and the m 8925 dust collection system? (8) A. T o the people a t A m m co? (5) Q. Right(ioi A. No. u i) Q. There was never a use of a vacuum system in ( 12) addition to the old system or the new system? (13) MR. RIEHLE: Argumentative, vague and (14 ) ambiguous. Arguably, this is a vacuum system. (15) MS. SHINING: Q. Any additional system? (is) A. No. ( i n Q. Do you know if a t any time employees at Ammco (is) used Toqker&AntZ (415) 392-0650 2/8/00 XMAX(27/27) compressed air when preparing for grinding brake us) shoes? (2 0 ) MR. RIEHLE: Vague and ambiguous. (2 t) THE W ITN E S S : W e were always taught not to (221 use compressed air. (23) MS. SHINING : Q. W as that ever incorporated (24) into a written employee policy? (2 si A. T h e o n ly people that ever used this machine Page 170 (i) w ere those in the training center. So that w as In --I (2 ) guess that question ab o u t actual policy, I d on 't know (3i o f any actual policy. (4) MR. RIEHLE: You don't know one way or the (5) other? (si THE. W IT N E S S : I do not know of a policy (7) that said that. (3) MS. SHINING : Q. Other than the policies nn that were produced today and the documents w e have (ioi marked as exhibits, are you aware of any other policies u i) with regard to the maintenance of the dust collection <121 bags far the 8925 system? (13) MR. RIEHLE: Vague and ambiguous. (14) THE W IT N E S S : W e have produced everything fiej that we have found. I don't know of any others. (is) MS. SHINING : Q. Do you have any knowledge t i n of th e -ju m p in g back a little, as to where the brake (is) shoes came from that w ere tested in 1973 and 1978? (15) MR. RIEHLE: Calls for speculation. (2 0 ) MR. HUTCHINSO N: Also object, no foundation. (2 D THE W ITN E S S : No. (2 2 > MS. SHINING : Q. Do you know If Ammco has (23) everbeen cited by OSHA for violation of asbestos fiber (24) release standards? (25) A . No.*23516 Page 171 t il Q. You don't know, or they haven't been? (2 ) A. T h e y h av e n 't been. (3) Q. Do you know If Ammco has ever been cited for (4) a state equivalent of OSHA, a state occupational safety (5) agency? (5) A. N ot th a t I kno w of. (7) Q. W e re Ammco products ever tested fay cb) Underwriters Laboratories? (9) A. Yes. (ioi Q. Do you know if the shoe grinders were tested t in by Underwriters Laboratories? (12) A. Yes, they are. (13) Q. Do you know approximately when that testing ( t o was done? (15) A. No. (16) Q. W as it prior to your joining Ammco? Page 165 to Page 171 BSA Book vs. Asbestos Lfts' (BHC) Craig Mounts :m A. I don't know. (ie> Q. Have you ever seen written results of reports ti*> from the Underwriters Laboratory? :c>) MR. DAY: With respect to the brake shoe (2 D grinder? !2 2 i THE W ITNESS: I can't remember. (23i MR. R1EHLE: Are you aware of whether it was (24) UL certified? (251 THE W ITNESS: Yes, I did find it Page 172 (i) MR. RIEHLE: So that is, I guess, a test (2 ) result, isn't it? (3) MS. SHINING: Q, Do you know if Ammco ever 14) employed an industrial hygienist directly as an ( employee? (6) A. Not th a t I know of. (r ) Q. Do you know if Hennessy Industries ever () employed an industrial hygienist? 5) A. Not th a t I know of. 'is: Q. Do you know if Ammco or Hennessy Industries (i.i) ever employed a medical doctor on staff as an employee? ( ;.2) A. Not th a t I know of. ; i i i Q. W ere Ammco employees ever required or offered U4) the opportunity to have annual x-rays as a separate U5i part of the medical program? ns) A. Not th a t I know of. ( i n Q. And, again, your counsel has made a statement as) earlier, but are you aware of any workers' compensation u si claims filed against Ammco with regard to CM asbestos-related issues? (2 D A. Not that I know of. (2 2 ) Q. is there someone else at Ammco or Hennessy (23j industries that might have more information, other than (2 4 1 your counsel here, about that topic? (26 ) MR. RIEHLE: W e have answered discovery on Page 173 :i) that subject. Have stated that there has b e e n no such (2) claim . :2 ) MS, SHINING: Q- Does Ammco have authorized (4) service centers in Ohio? (5) A. Yes. 6) Q. Do you know where those service centers are? :") A. No. -.5: Q. The service department, I presume, would have (5 )'more information. A. Yes. .: : : Q. jn your search for documents with regard to a?) this - well, have you made any inquiries of any Ohio U3) service department for documents responsive to the :: 4 : Notice of Deposition? ' A, Could you repeat the question. l i i Q. You didn't call any Ohio service department ( i n yesterday to ask about documents? ;:n A. . No. :'.:-) Q. At any time have you searched for documents tacu responsive to asbestos litigation from a service (2u department? (22) MR. RIEHLE: Vague and ambiguous. (23) THE WITNESS: From our service department? (24) MS. SHINING: Q. Right. (25) A. Asked them fo r what? Page 174 (i) Q. Documents that would be responsive to <2) asbestos litigation. (3) MR. RIEHLE: Sam e objection. (4) TH E WITNESS: W hen we did our complete (5) search, the service department was included in that. <) MS. SHINING: Q, On Bates Page 168 of in Exhibit Z, there is a three-paragraph warranty. Are (ei you aware of any other warranties provided by Ammco <s) with regard to its shoe grinding machines, written uoi warranties? ( in MR. DAY: Other than what m aybe contained (12) in these other documents? (13) MS. SHINING: Well, I didn't see any. ii4) MR. DAY: That's what I'm asking. (15) MS. SHINING: I don'twant to confuse the u s i issue, because if you're aware of another warranty that ( in I may have missed -- (is) MR. DAY: I'm not. I'm just asking if you us) will except the other documents on this table. Go (aoi ahead. (2 u MS. SHINING: You have read them too. (22) That's the only one I saw. 23) Q. Other than this one warranty on this one (24) page, are you aware of any other written warranties (25) provided by Ammco for its shoe grinders? Page 175 (1) A. No. (2 ) Q. Do you have any information as to whether or (3) not this warranty was ever utilized by customers? (4) MR. RIEHLE: Vague and ambiguous. (5) THE WITNESS: Not factually. (6) MS. SHINING: Q. Nobody from the service (M department ever filled you in, "We're giving warranty <e> repairs on XYZ part. C a n t you guys fix it?" (S) MR. DAY: With respectto the brake shoe n o grinder? d l l MS. SHINING: Right. (12) THE W ITNESS: I don't remember any (13) particular instance, but I'm sure we have given U4> warranty for something. (15) MS. SHINING: Q. On the next page, on this us) Exhibit Z, Page 169, it says, "Important Safety (U ) Instructions," and the last point in this page says, us> '-'Be sure equipment for asbestos dust control is in good u s i working order. Breathing asbestos dust may cause <2> serious bodily harm ." Do you know where I might find a (2i) further definition of what "good working order" was (22) considered? Could you point me to that in these (2 3 i documents? (24) MR. RIEHLE: Vague and ambiguous, compound. 25) MR. HUTCHINSON: I'll also object Page 171 to Page 177 (415) 392-0650 2(8/00 that the XMAX(28<28) Page 176 (i) document speaks for itself, and as an operating <2 i instruction, the entirety of the document could be lai considered as other references to what defines a ) machine in good working order. If you want to ask him (5) what he knows separate and apart or if there are other ce> documents, but if you're asking witness to read this cm document to tell you what his impression is of (ei information in here which defines good working order, I fsi think it's burdensome and oppressive and harassing. no) MR: RIEHLE: Join. ( in MS. SHINING: Q. Do you know of any other (12) documents other than what's been produced today that (13) would describe how to keep a machine in good working U 4 ) order in conjunction with these safety instructions? u si MR. RIEHLE: Vague and * ambiguous. u ei THE W ITNESS: No. (17) MS. SHINING: Q, On Page 171 it shows again (is) the Model 8925 dust collection system and the grinder usi and dust collector setup. Is the grinder and dust (2 0 ) collector setup that's described here similar to that (2 U for the dust collecting unit that preceded the 8925 (2 2 ) system? (22) A. W as w hat similar? (24) Q. Is this setup procedure - 1 looked through (25) the documents again, and I couldn't find a setup Page 177 (D procedure for what existed before the 8925. And if (2 ; there is one, please feel free to point it out to me. (>; But I did find this, which relates to the 8925, and I'm (4! just wondering, is this, based on your knowledge, (5: similar to the way that the previous dust collection (6) bag setup was? Is it the same dip? Has it got a (7i similar bag? W as it just a question of size, one (8) bigger, one smaller? ( s>) MR. RIEHLE: Compound and vague and (io i ambiguous. ( i i) MS. SHINING: I'm trying to make - 1 dp (12) have this final set o f questions, and I want to - we (12) are getting towards the end, so if you will bear with ti4) me with a couple of compound questions. (is ) THE W ITNESS: 8925 was designed to go on all n: shoe grinders ever built. So, yes, it attached the (1M same. 8925 had a larger bag, and it had the plastic ns; bag to catch the dust and all that in. But, yes, the (it-; old one attached to the same place, same style. 2 0 ) MS. SHINING: Q. Are you aware of any <2 1 : instructions ever provided as to howto clean out the (2 2 ) plasticbag? (23) MR. DAY: From? (2 i MS. SHINING: At any time. (251 MR. DAY: But from the 8925? Tooker & Antz BSA Book vs. Asbestos Pits' (BHC) Craig Mountz ' Page 178 t:i MS. SHINING: Q. Well, is there any (2 : difference other than size between the two plastic bags (3) that were used before the 8925 and with the 8925? f: A. Prior to the 8925 there w as no plastic bag. (5; Q. What kind of collection unit was there prior (6) to the 8925? (' i A. It w as d ie bag only. i b> Q. W hat was that bag of? tsi A. Som e type o f cloth. I'm not sure. i ::: Q, Are you aware of any instructions as to how u i) to clean out that particular cloth bag? :; :: MR. RIEHLE: Other than what's in the as) materials we have here? C MS. SHINING: Right. ns i THE W ITN ESS: Nothing other than what's in us) the documents. ' i n MS. SHINING: Q. And isthe same true, are ui you aware of any other instructions on howto clean up a w the plastic bag for the 8925 other than what's been <201 produced today? ("ii A. First o f all, you don't clean out the plastic g ?> bag. And second o f all, no, there is nothing else us) other than here. c l Q. When the people at the training facility were wr>) doing their testing of the shoe grinding machine, or Page 179 their trials, if "testing" is a bad word, and they (2 ) would then go to clean the cloth bag or the plastic m bag, are you aware of the procedures that they would w have used? i MR. RIEHLE: Calls for speculation. 6i TH E W ITNESS: I would have expected them to (i) have followed the written instructions, since they were caj the training staff. : MS. SHINING: Q. They didn't use any (io> special solvent system? i i ) MR. RIEHLE: Calls for speculation. 11=) THE WITNESS: Not that I know of. t i n MS. SHINING: Q. Andotherthan the t i o warnings and the documents that are written as provided ns> today, are you aware of any other Instructions with (ii regard to the use of compressed air In performing brake i m shoe jobs? MR. HUTCHINSON: Objection, vague and tifet ambiguous, overbroad, lacks foundation. MS. SHINING: Q. Are you aware of any i: u warnings provided with regard to the use of compressed 1221 air in connection With Ammco shoe grinder products? '235 MR. RIEHLE: Sam e objections. :<) THE W ITNESS: No. 25) MS. SHINING: Q. Did Ammco ever recommend Page 180 : the use of a solvent system with its brake Tooker & Antz shoe (2 ) grinder? (3) A. No. (4) Q. Did Ammco ever recommend the use of a (5) separate exhaust system in the vicinity of an Ammco ie> brake shoe grinder? o i A. Not that I know of. (8) Q. Do you know if the employees In the training (S) center were provided respirators to use while they were fxo> testing or operating brake shoe grinding machines? m i MR. RIEHLE: Calls for speculation. (121 TH E W ITN ESS: 1don't know. (13) MS. SHINING: Q. D oyouknow 'if the (14) employees In the training center evertested (is) competitive brake shoe grinding machines? U6) MR. RIEHLE: Calls for speculation, i n ) TH E W ITNESS: I don't know that, (is) MS. SHINING: Q. Does Ammco currently a) maintain Material Safety Data Sheets? (20) A. Yes. (2 ii Q. Who would be responsible for maintaining (2 2 ) Material Safety Data Sheets at Ammco? (23) A. His last nam e w a s Creasey, C-r-e-a-s-e-y. (24) Q. And his first name? (25) a . I'm not sore. Page 181 i d Q. W hat is his title or department? ) A. I'm not sure w h a t his title Is. (3) Q. Do you know which department he's In? Is (4) he -- (5) A. Probably p art o f m anufacturing. T o m is his (6) first nam e. (7) Q. Again looking at Page 171, with this drawing (8) o fh o w th e 8 9 2 5 is to b e s e t up, do you know what the (#> ring and seal are made of that are listed here In this (io) drawing on the right-hand side of the page? (in MR. RIEHLE: Asked and answered. (12) MS. SHINING: I don't think I asked him what (13) it was comprised of. I asked h im if it w a s c o m p ris e d (14) o f a s b e s to s , and he said no. ns) MR. RIEHLE: I thoughtyou did. But you can (1 6 ) answer it again. ( in MS. SHINING: Not this one that attaches it tie) to the machine, us) THE WITNESS: W e had talked about before, 1201 It's a form of weather stripping inside a steel ring. (2D MS. SHINING: Q. And the clip, Is that a (22) metal clip? (23) A. Yes. (241 Q. And so it holds the unit on with pressure -- (25) does It partially hold that together tightly by the Page 182 (l) metallic pressure like a spring? (d A. Yes. (3) Q. And then the guard assembly Is screwed onto (4) the sides of whatever bench the unit Is on? (415) 392-0650 2/8/00 XMAX(2S)29) (5) A. Yes. (6) Q. So, to remove the plastic bag in this system, i d what parts do you need to unassemble? (8) A. T h e re a re clips a t the bottom o f the guard cs) assem bly th a t tightly hold the bucket up to the guard uoi assem bly. ( i n Q. And with the prior system, can you describe 1121 how you would go about removing the cloth bag? ci3) A. Yo u w o u ld rem ove it from the unitwlththat (14) clip. us Q. Did it have a guard assembly like the 8925? (lei A. No. i m Q. Can you describe how the bag was clipped? ( la ) W h at was it clipped to? us) A. If you disregard the guard assembly, this ( 2 0 part o f it looked the sam e (indicating), so it w as (21) attached In the sam e manner? 2 2 ) Q. So it was just a loose bag that hung down (23) from a nozzle? (2 4 ) A. From the exhaust port, yes. (25) Q . How was the bag connected to the nozzle in Page 183 (l) the older system? W as it by a metal band that would (2 ) tighten? (3) A. I believe so. (4) Q. is it substantially thesame as that 15) illustrated on Exhibit D-1, Parts 4 and 5? (6) A. Yes. m Q. And, again, was therea gasket at the bottom (8) of the bag, or was this all one bag in the old system? is) A. T h e old system ju s t had a bag. It didn't (io) have this (indicating), didn't have the bucket, didn't m i have the gasket, it w as ju s t a closed bag. ( i 2 ) Q. So, with the old system you w o u ld re m o v e - (i3j you w o u ld -w a s there a screw that you would ( ) untighten? (is) A. T h e re w a s this stud show n in this picture > th a t released this d ip , and you would rem ove the whole a n bag and d um p in. ns) Q. So the stud, is that the same as in D-1, Part (is) No. 1? 120) A. Yes. (2D Q. Could you remove what's identified as Part 4 (2?) and 5? W as it possible to take that apart? (23) A. I think you w ould ruin it if you did. (24) Q. So you would dump out the dust through the (25) nozzle that's Part 4? Page 184 (1) A. Yes. (2 ) Q. Did you ever do that process yourself on an (3) older machine? (4i A. I d on 't believe so. (5) Q. And going back to that arbor plug, was the (6) function of the arbor plug to keep dust from getting n i into the bag, or Page 178 to Page 184 BSA Book vs. Asbestos Dfts' (BHC) Craig Mountz was it separate, to keep dust from <si getting into the grinding part of the unit? isi A. It w as to increase the efficiency o f the flow a) into the bag. m i Q. Do you have an understanding of how it did (12) that? us) A. That w as a hollow tube, and rather than U4i letting the dust go into th a t tube and ju st swirl cisi around, th a t plug ju s t capped o ff the top so that the ns) dust didn't go down in the tube, it ju s t w ent directly im into the bag. as) Q, I'm trying to visualize how that sticks in us) there. It's Exhibit X. (2 0 ) A. Here's a better picture. (Indicating.) (2 1) Q. And you're referring to Page 174? (2 2 ). A- O fZ . This tube, which the sandpaper is (2 2 > attached to, is spinning, and the dust would com e down (24i inside, rather than being ejected dow n and out the (2 si exhaust over here. (Indicating.) So you put that plug Page 185 m in the top to cap it o ff, so that it w ould go - rather 121 than com ing out th a t tube, it would go directly down 1 and out into the bag. (4) Q. So it had a dual function of keeping dust (5) from coming up and making the dust go down; is that (si accurate? n ) A. Right. Rather than letting it c o m e up, it <e> forced it down and o ut into the bag. :s> Q. And the arbor plug is 32 on this Page 174? in A. Correct. ( i i) Q. Do you know approximately, or did Ammco have (12) a time that it recommended brake shoes to be ground? (is) MR. RIEHLE: Vague and ambiguous, n o MS. SHINING: Q. Approximately how long, (is> based on your experience, would it take to arc a brake (20 shoe? d ) MR. HUTCHINSON: Object, it lacks foundation (xe> as to this witness. Within the operating instructions usi that have been produced, there are various indications < 2 0 regarding time, duration, quantity of operating the (2i) machine in a proper manner. The documents speak for (2 2 ) themselves. :23) MS. SHINING: Q. Would you be able to make (24) an estimate? *2-i A. It really depended on the - on how good the Page 186 iv shoe was. (2 ) Q. Again, other than what's been produced today, <J) are there any other standards that Ammco maintained i4 ) that you know of with regard to the duration of arcing (5) a particular brake shoe? >:i A. No. ( i ) Q, Did Ammco ever issue such standards? (8i MR. RIEHLE: Vague and ambiguous as to (&) "standards." do) THE WITNESS: Every case was different, t in There is no lump standard. ( i2) MS. SHINING: Q. W as Ammco at anytime a 112) member o f the Friction Materials Standards Institute? (14) A. No. (is) Q. W as Ammco ever a member of the Asbestos (16) Textile Institute? (in A. No. u si Q. W as Ammco ever a member of the American usi Industrial Hygiene Association? (201 A. No. (2 D Q. Do you know if Hennessywas ever a member of (22) any of those institutions? (22) A. No. (24) MR. RIEHLE: Wait, wait. That's vague and (25) ambiguous, "Do you know if they w ere ever." The answer Page 187 (1) is. they were not? (2 ) , THE W ITNESS: No, they were not. (2 ) MS. SHINING: Q. I understand that Hennessy 1 is currently a member of the National Safety Council, (5) Do you have any understanding as to how long they have (6) been a member of that organization? m A. No. (8) Q. Do you know who would be the representative isi to the National Safety Council from Hennessy? d o A. No. ( in Q. Is Ammco separately a member of the National (12> Safety Council? (12) A. Am m co doesn't exist. A m m co has no employees. (1 4 ) MR. RIEHLE: They are a subsidiary of usi Hennessy. us) MS. SHINING: Q. Well, we have been talking (i7> about it all day as a division. So it doesn't, as a usi division, have a separate membership in the National us) Safety Council? (2 0 ) A. No. (2D MS. SHINING; Let's take very quick, real (2 2 ) five-minute break, go over my questions. (2 2 ) MR. RIEHLE: W e're pretty much there? (24) MS. SHINING. Yes. (25) (Brief recess.) Page 188 u> MS. SHINING: A couple more questions. (2 ) MR. RIEHLE: Representation on the record (2 ) duly noted. 4) MS. SHINING; Q. After the development and tsi implementation of the arbor plug, again, there was no w testing of results vis-a-vis the use of the arbor plug d) and the flow of dust into the 8925 system; is that (8) correct? And I know it's leading, but I hope you'll -- Page 184 to Page 190 (415) 392-0650 212100___________________________ v XMAX[30/30) ( MR, RIEHLE: I think it misstates the no) evidence, misstates the witness' testimony. But go <n> ahead. (1 2 ) MS. SHINING: Q. W e re either of the tests (121 that were performed using the arbor plug? (i4) A. I believe the one states it in there, the one (15) re p o rt u si Q. The 1986 report or both the 1978 reports? ( ii) A. I think a t least t h e '86 one did. u b ) Q. I do see a copy of the arbor plug as an (is) illustration to the 1978 report. Is it your (2 0 ) understanding that that was used in the - in at (2 1 ) least -- (2 2 i a . In the c o p y it did m ention it in one o f (22) these, so it m ust be that one. (24) Q. And, again, your counsel referred to, and I (25i think one of the exhibits refers to, the dust Page 189 (ii collection system as a vacuunYsystem. And I know (2 ) "vacuum" is a technical word as well as a common word. (2 ) Do you have any understanding of what the word "vacuum" ) means with respect to the Ammco brake shoe grinder? (5) A. This large fan on the bottom of the unit cej that's run by the motor, (Indicating.) (7) Q. Approximately how large is that fan? And (8) you're referring to Page 174, Part No. 16. (so A. P robably eight inches in diameter, noi approximately. (U> CL Did you ever conduct studies to quantify the (12) vacuum effect created by the fan? t i2 ) A. I did not. (14) Q. Are you aware of any studies that were as> performed to quantify, again, the blowing effect of (1 6 ) Part No. 16? in i A. N ot that I know of. (1 8 ) Q. W a s Part No. 16 ever modified, made smaller (iso or larger, throughoutthe manufacture of the Ammco shoe 201 grinders? (2 D A. N o t th a t I know of. (2 2 ) Q. On Page 86, which is part of Exhibit O, which 122:* is, again, the 1978 study, Page 2 contains several (24) general conclusions, and the fourth paragraph states (25) that it is extremely important that Ammco provide Page 190 (i) adequate instructional material and sufficiently warn 12,* the customer of the proper installation, use, and (2) maintenance of their equipment. (4) After the receipt of this report, areyou(5) aware of any actions taken by Ammco to put the (6) recommendations made in this paragraph into effect? n ) A. I think w e have done it several places. I <e> believe this instructional tem plate on h o w to install ivi is one. no) ' Q. And you're referring to which Tooker & Antz BSA Book vs. Asbestos Dfts' (BHC) Craig Mount? .exhibit? a n A. D-3. And also in the instruction books there is - the first page, usually w e have a safety <) instruction page all to its own. ;:n) Q . W as that the page we looked at earlier with (15) the 21 points? r:a> A. Yes. i : ' i MR. RIEHLE: That was one iteration of that us) document u n MS. SHINING: Q, That's Page 169 of Exhibit (soi 2? ("ii A, Correct. Q. Are you aware of any other versions of that k m important safely instructions page as it pertains to (24). shoe grinders? 2M A. No. Page 191 (l ) Q, Can you think of any other actions taken (?) after 1976 to incorporate the recommendations made in (3) that report? A. Not that I can recall. sm Q . W as Ammco at any time a m em ber of the Air () Hygiene Foundation? (3) A. Not th a t I know of. is) Q. How about the Industrial Hygiene Foundation? (?) A. N ot th a t I know of. (it.) Q. Do you know if Hennessy at any time belonged d'i) to either of those two organizations? d o A. Not that I know of. c m Q. One last question. And on the Hennessy web i u i site l found a safety video that relates to tire (isi changers, and it's a program where you can get a video, us) and you send it to a mechanic store, to tell you howto t i n use an Ammco tire changer properly. Are you familiar usi with that system, with that video? u s) A. I know w h a t the package is. (20 ) Q. Has there ever been an effort to m ake a (21) similar video with regard to the use of brake products (221 at Ammco? (23) MR. DAY: Any brake products? (2 <) MS. SHINING: Q. Well, shoe grinders or a s i brake lathes? Page 192 u ) A. W e do have instructional videos on other (2) items. ::>) O. W as there ever an instructional video made to for shoe grinders? > A. Not that I know of. i : Q. W hat department would be responsible? Would P ) it be the training department, for making instructional (si videos? (3) A. The request could com e fro m anywhere, really. u *) Q. Do you know who would make the video itself, u i) though? U 2 ) MR. DAY: Today? u2) MS. SHINING: Trying to get out of here. (1> MR. DAY: Sure. But you're asking the u ') question in the present tense. Tooker & Ante us) MS. SHINING: Q. Do you know when the first u n instructional video was created atAmmco? us) a . It was in the 7 0 s . (i s) Q. W as it created internally at Ammco, or was an (20) outside company used to create the video? (2D A. Internally. (2 2 ) Q. And what department created that? (23) A. W e had one person th a t w a s kind o f o ff on his ( 2 0 own, he had an audio-visual. (25) Q. W ho did he report to? Page 193 u i A. I think, the training center. (2 ) Q. Do you recall that person's name? (3i A. Ben Darda, D-a-r-d-a. (4) Q. Is he still employed by Ammco or Hennessy? (5) A. Yes, (6i Q. Who does he report to today? p i A. Ron Newton. (si Q. W as he responsible for creating safety videos (si with regard to brake products? (101 A. He Was in charge o f all videos that were made. u i) Q, So he would know for sure whether or not a (12). shoe grinding safety video was ever created? U3) A. Yes. U4) MS. SHINING: I think that's it for today, usi W e do have the issue of the parts drawings that, again, usi I have requested to be produced, and you're going to go u n look for them, usi MR. RIEHLE: And we will produce them u s) pursuant to protective order. Even though it's a 1201 discontinued item, it's still proprietary information. (2 i) MS. SHINING: I will talk to my supervising (2 2 ) attorneys. I'm sure they will hash that out with you. (23) And, as appropriate, I think w e would like to redepose (24) the witness. W e're using all kinds of video and 12s) telephone technology, and we can probably discuss Page 194 m whether that would be appropriate at that time as (2) well. (3) MR. RIEHLE: We'll jump off that bridge when (4) we get to it. (5) MS. SHINING: Does anyone else have any (6) further questions today? p > MR. HUTCHINSON: I have no questions. (si MS. BIHR: No. (S) MS. SHINING: Thank you, sir. You have been no) very patient and gotten through a lot of documents, and u i ) I do appreciate your time. (12) THE W ITNESS: You're welcome. (13) MS. SHINING; W e will continue this uptil (i'll further notice. u si MR. RIEHLE: On the issue of the (415) 392-0650 ZI&IOO__________________ _____________ X M A X p w q engineering u si drawing. (!D (At 5:39 p.m ., the deposition was adjourned.) (lei u n (20) (2D SIGNATURE OF W ITN ESS (221 (231 [24) (26) Page 190 to Page 194 it c BSA t , ______________________ 'Concordance Report Unique Words: 2,166 Total Occurrences: 10,871 Total Words In File: 30,982 Single File Concordance Case Sensitive Cover Pages = 7 Includes A LL Text Occurrences Dates ON Includes Pure Numbers Possessive Forms ON - - DATES - - 4-12-60 [1] 125:8 August, 1987 [1] 24:16 F ebruary 7th, 1973 [1] 82:24 January [51 9 6 :6 ,1 0 ,1 5 ; 97:20; 98:9 January, 1973 [2] 96:20; 97:1 January, 1978 [1] 108:5 January 6 ,1 9 7 8 [2] 95:24; 107:1 Janu ary o f 1973 [1] 96:4 July, 1978 [1| 108:15 July 7th, 1978 [1] 107:25 June [3] 93:2; 96:10,11 June 5th, 1973 [1] 93:5 June 6 ,1 9 7 2 HI 93:3 June 7th |1] 95:19 June 12th, 1958 [1] 124:19 June o f 1973 11] 96:5 M ay 3rd, 1978 {1J 107:9 N ovem ber 12] 120:25; 123:24 Novem ber, 1977 [1] 121:5 Novem ber 5th, 1986 {1] 110:4 Novem ber o f 1985 [1] 123:22 $2,800 (1] 94:14 - - 0- - 0001 [1J 11:22 0015 [3] 73:18; 75:5; 77:12 0016 [1] 73:21 0017 [1] 73:24 0050 [1J 94:7 0128 11] 11:22 0138 [1] 117:7 0141 [1] 117:7 0142 [1] 117:8 --1 -- 1 [5] 54:11,16; 55:9; 126:21; 183:19 10 [1] 77:18 100 [1] 32:22 11-85 [1] 123:21 110 [3} 164:25; 165:1, 2 110/220 [1] 136:3 Book vs. Asbestos Pits' (BHC) Craig Mountz 2/8/00 12 [1] 77:18 1200 [11 41:12 127 [1] 112:18 128 [1] 112:18 129 [4] 10:1, 3; 11:2; 113:21 129s [1] 10:19 12th [1] 124:19 132 [1] 152:13 134(1] 114:14 137 [1] 41:7 142 [1] 117:23 147 [1] 117:23 148 [21 120:21; 123:12 149 [2] 122:11; 123:14 15 [2] 19:16:76:20 16 [5] 36:21; 76:21; 189:8,16, 18 1601 [1] 40:9 167(2] 123:18:126:10 168 [1] 174:6 169 [2] 175:16; 190:19 17(11 76:22 171 [2] 176:17; 181:7 174 [3] 184:21; 185:9; 189:8 177 [1] 137:4 179 [1] 126:10 18 (1| 36:21 19 [1] 87:13 1923 [1] 130:9 1950S [1] 130:17 1953 [1J 16:17 1958 [5] 124:20; 125:4, 5; 130:18,19 1960 [1] 125:9 1967 [3] 114:1,6; 152:17 1970s [10] 24:13:29:21,24; 30:4,25; 33:6; 83:19; 143:11; 144:16,20 1971 [6] 16:23; 27:2; 31:18; 40:15; 64:21; 87:14 1972 [1] 93:3 1973 [14] 75:15; 80:6; 82:24; 85:1; 93:5,16; 94:23; 96:5, 20; 97:1; 99:2; 116:13; 170:18 1975 (24] 17:19; 23:1; 65:23; 66:24; 80:3; 88:8; 90:11; 109:10; 115:23; 118:24; 122:7,18; 131:18; 138:17; 139:4, 16; 148:25; 150:18; 151:2; 153:25; 155:3; 160:23; 161:4; 168:23 1977 [2] 94:18; 121:5 1978 [14] 94:23; 95:24; 98:15; 106:25; 107:1,10.25; 108:5,15; 170:18; 188:16, 19; 189:23; 191:2 1980 [1] 145:4 1980s [7] 22:13; 23:1; 33:11; 85:7; 143:13; 144:22,25 1985 [1] 123:22 1986 [24] 60:7, 9; 67:1; 72:1; 75:5, 9; 83:16; 108:16,17.18, 23; 109:10; 110:4; 118:24; 121:23; 139:16; 149:1,2; 150:18; 151:2; 155:3; 161:8; 168:23; 188:16 1987 [91 22:13; 23:5, 16; 24:2, 16; 26:18; 27:2; 40:7; 87:14 1988 [1] 22:25 1994 [12] 23:13, 16; 25:24; 26:18; 27:11,14; 28:14; 34:14, 16; 36:19, 22; 42:7 1:17 (1] 85:25 --2-- 2 [4] 55:3; 122:14; 189:23 200 [1] 33:9 2000 [1] 72:20 21 [11 190:15 2100 [1] 18:16 25 [2] 43:18; 142:1 2:04 [1J 86:1 128:2; - - 3-- 3 [1] 55:3 30 [4] 54:11,16; 126:21; 141:24 32 [1] 185:9 37027(1] 12:2 38 (1] 95:6 3850 [21 52:10,21 39 [1] 95:7 3rd [1] 107:9 -.4-. 4 (5] 54:7; 55:3; 1 8 3 :5 ,2 1 ,2 5 4-12-60 [1] 125:8 40 [2] 94:24; 167:3 4000 [3] 52:10, 17; 55:2 41 [1] 41:7 4 1 0 0 [1] 52:10 42(2] 100:9,13 43 [3] 100:9; 102:15; 103:6 45 [2] 99:4, 5 450 [1] 33:23 4:59 [1J 8:7 - - 5- - 5 (3 ] 115:25;183:5,22 50 (3] 103:17; 167:3; 168:12 500 [1] 19:13 50s [1] 70:5 51 (11 106:6 5:00 [1] 162:6 5:39 |1] 194:17 5th [2] 93:5; 110:4 --6-- 6 [4] 71:17; 93:3; 95:24; 107:1 6000 (2) 52:10, 23 6A [2] 114:14; 115:25 - 7- - 70s [3] 64:5; 121:17; 192:18 710 [2] 52:10. 23 72 [1] 96:7 73 [5] 60:13; 95:2; 96:6; 97:20; 98:9 75 [6] 32:22; 64:23, 24; 135:5, 13; 144:9 7500 [2] 52:10, 19 77 H I 120:25 ________________________ X M A X (l)tt) 78 [2] 95:1, 2 7th [3] 82:24; 95:19; 107:25 --8-- 800 (1] 107:15 8000 (11] 69:23; 72:17; 66:15; 107:16,21; 114:25; 138:23; 139:3; 148:13; 154:6; 162:16 80s [1] 21:17 85 [1] 123:24 86 [5] 60:8, 13; 75:10; 188:17; 1B9:22 87 [6] 22:12; 23:25; 25:9,11; 60:2 880 [16] 69:24; 72:15, 17; 99:1 0 ,1 1 ; 100:8; 102:16; 138:23; 139:2; 154:6; 162:13, 15, 25; 1 6 3 :1 ,5 ,1 6 890 [7] 69:23; 72:17; 138:23; 139:2; 154:6; 162:15; 163:8 8925 [37] 7 5 :1 1 ,1 4 ; 76:3; 77:7; 81:20; 94:15; 96:9, 1 1,13; 97:4, 18; 98:2, 3. 11; 100:24; 164:7, 16; 165:15, 19, 24; 169:7; 170:12; 176:18,21; 177:1. 3, 15. 17, 25; 178:3, 4, 6, 19; 181:8; 182:15; 188:7 - - 9- - 90s [2] 89:22; 123:4 91 [3] 25:5, 9, 10 9314 [1] 12:1 94 [3] 23:25; 25:25; 27:17 95 [1] 40:5 97 [2] 14:3; 26:9 99 [1] 13:16 - - A - - A-1 [2] 11:12, 16 A -2 [3] 8:7; 1 1 :12,18 A -s-e-c-o [1] 157:18 AA (2] 126:10,11 ability [1] 16:6 able [5] 15:19; 31:5; 76:11; 149:14; 185:23 absolutely [3] 45:6; 61:24; 129:10 accep tab le [1] 91:4 accessories [3] 51:2; 74:3; 157:18 accessory [4] 51:6; 74 :4 ,1 0 ; 122:1 accom panied [1] 141:15 acc u rate (7) 10:6; 39:18; 60:19, 21; 82:19; 110:12; 185:6 Accuturn [1] 157:2 acquired [4] 24:16; 128:13,22; 129:9 acquisition [2] 127:22:128:9 acting [11 120:17 actions (2] 190:5; 191:1 Actual [1] 88:22 actual [21] 48:3; 55:17; 63:10, 22; 65:8; 67:4; 70:16; 77:22; 78:19, 24; 81:21; 99:23; 122:2; 126:1; 138:14; 147:11; 151:3; From 4-12-60 to actual BSA 170:2, 3 ad ap ted [1] 138:8 add ed [1] 116:10 addenda [1] 118:10 addition [4] 69:6; 108:5; 119:3; 169:12 additional [4] 47:16; 68:18; 130:3; 169:15 address {11] 18:15; 40:8; 41:2. 3. 4, 5; 83:12; 85:14; 135:21, 23; 141:6 addressed [2] 88:17; 93:3 adeq uate [1] 190:1 adhesive [4] 64:6; 65:11; 79:14, 17 adhesively [1*] 66:8 adjourned [1] 194:17 adm issible (3] 58:25; 128:1; 145:12 adoption [2] 165:15,19 advan ce [1] 38:7 A ffairs J11 110:15 a ffe c t (1] 16:6 afield [2] 58:15; 148:6 A F TE R N O O N [1] 86:1 afternoon (1) 69:1 a fterw ard [:1] 49:2 a fterw ard s {1] 97:2 ag e [1] 103:12 agen cy [2] 161:22; 171:5 a g es {1] 103:14 a g re e [2] 59:10; 153:15 agreed {4] 10:4, 8, 22; 49:1 a g reem en t [5] 4 8 :7 ,1 4 ,2 0 ; 61:22 agreem ents [4] 130:25; 131:3; 132:15 aid 11] 47:11 A ir [11 191:5 a ir [5] 138:19; 169:18, 22; 179:16, 22 albeit [1] 156:3 align m en t [6] 22:3; 23:6, 8; 26:15; 32:17;.35:20 A lley [2] 122:14,15 Allied [11 8:4 a llo w [1] 31:7 . allow ed [1] 131:13 alon e [11 37:5 a m a te u r [2] 1 6 6:18,20 am biguous [51] 31:10; 36:9; 42:15, 23; 56:11,18; 63:14,21; 64:14; 69:17; 73:10; 74:21; 77:6; 100:5; 105:10; 112:2; 115:2; 117:2,20; 131:8, 19; 132:3,22; 133:2,14; 143:18; 150:19; 151:10,19; 152:1; 153:1; 155:5; 156:9; 161:2, 5; 162:21; 163:6; 164:11; 169 :1 ,1 4 , 20; 170:13; 173:22; 175:4,24; 176:15; 177:10; 179:19; 185:13; 186:8, 25 Am erican [1] 186:18 A m m co [199] 9:8; 10:12; 11:14; 14:21; 18:12,23; 19:11; 21:8; 22:19; 24:4, 6 ,1 0 ,1 2 ,1 5 ,1 7 , 1 8 ,19 , 20, 23; 26:1; 27:5,24; 28:10,15; 29:12; 33:16,18, 21, From adapted ta Bates Book vs. Asbestos Dfts' (BHC) Craig Mountz______2/8/00 22; 39:24; 40:8, 12; 49:24; 112:20 5 6 :1 7 ,2 4 ; 57:11; 59:19.24; app ro xim ate [1] 130:13 6 0 :6 ,1 6 ; 61:1; 62:9; 64:22; 70:4, Approxim ately [4] 20:12; 7; 72:19; 7 4 :7 ,1 5 ,1 9 , 23; 75:1, 39:14; 185:14; 189:7 24; 76:2; 7 8 :1 0 ,1 4 ,1 7 ; 79:22; app ro xim ately [13] 14:1; 81:9; 82:2; 83 :1 6 ,2 2 ; 84:4.23; 19:14; 22:23; 29:21; 4 2 :8 ,1 1 ; 85:4,6; 86:15; 87:5; 90:5,22; 4 4 :1 0 ;7 7 :1 1 ,19; 89:21; 171:13; 91:15; 92:24; 93:16; 101:4, 8, 185:11; 189:10 18; 102:2; 103:25; 104:10; A rb o r [1] 120:22 105:7,19; 110:15; 111:5; 114:1; a rb or [10] 121:7,19; 123:12; 117:17; 118:17; 122:17,23; 184:5, 6; 185:9; 1 8 8 :5 ,6 ,1 3 ,1 8 124:17; 125:16; 127:10; 128:12, arc [16] 50:8; 59:1 0 ,1 5 ; 70:23; 21; 1 3 0 :5 ,7 ,2 4; 131:5, 6 ,1 2 , 90:9; 96:13; 97:21; 137:24; 1 3 ,1 6 , 22; 132:16,21; 133:7, 8,, 139:7; 140:12; 145:16; 146:10; 17; 137:23; 138:24; 139:7,11, 147:18, 24; 148:7; 185:15 21; 140:9,24; 141:24; 142:10, arced [5] 162:10, 25; 163:1; 11; 1 4 3 :1 ,6 ,1 0 ; 144:5; 146:11, 167:21; 168:24 22; 147:4, 25; 148:3, 8, 10, 21, arcing [38] 59:7, 9 ,1 8 , 22; 22; 149:6, 9, 21; 150:8; 154:8, 60:7, 11, 1 3 ,17 , 23; 66:6; 67:19; 14; 155:21, 25; 1 5 6 :4 ,7 ,1 0 ,1 7 ; 68:12; 69:19; 70:3, 7; 71:18; 1 5 9 :1 ,4 , 1 4 ,17 , 24; 160:4; 72:18; 74:13, 20; 75:2; 81:21; 161:18, 21; 165:15, 22; 166:3, 7, 84:23; 90:23; 91:9, 15; 96:19; 16; 168:2, 4, 10, 23; 169:5, 8, 119:21; 120:1; 122:2,4; 128:13; 17; 170:22; 171:3,7, 16; 172:3, 130:5, 11; 131:7; 133:1,6; 1 0 ,1 3 .1 9 ,2 2 ; 173:3; 174:8,25; 134:1; 186:4 179:22, 25; 180:4, 5, 18, 22; A rco [1] 74:12 185:11; 1 8 6 :3 ,7 ,1 2 ,1 5 ,1 8 ; area [3] 77:17; 78:8; 127:25 1 8 7 :1 1 ,1 3 ; 189:4, 19, 25; 190:5; A rguably [1] 169:14 1 9 1 :5 ,1 7 .2 2 ; 192:17,19; 193:4 Argum entative [12] 32:19; A m m c o 's [1] 32:25 57:18; 66:16; 68:1; 103:16; analysis [1] 106:23 110:7, 20; 112:1; 115:1; 152:9; analyzed [1J 106:24 160:8; 169:13 angles [1J 82:19 argum entative [4] 92:22; ann ual [1] 172:14 117:3; 141:18; 166:17 a n s w e r [21] 24:12; 37:4,10; arrangem ents [IJ 38:10 38:5; 42:19; 56:7; 58:12; 63:17; Asbestos [2] 75:24; 186:15 76:8; 83:24; 91:12; 110:9; asbestos [19] 13:5; 14:22, 23; 116:24; 120:15; 128:25; 129:5, 80:19, 22; 84:15; 9 2 :6 ,1 1 ; 7; 132:20; 153:18; 181:16; 121:20; 129:12, 13; 134:12; 186:25 168:25; 170:23; 173:20; 174:2; answ ered [7] 50:19; 51:14; 175:18, 19; 181:14 97:9; 159:16; 160:20; 172:25; asbestos-containing [1] 135:9 181:11 asbestos-related [2] 14:14; answ ering [1.J 107:13 172:20 a nyb od y [1] 84:12 Aseco [1] 157:17 any m o re [3]: 69:16; 111:22, 23 aside [1] 67:7 Anything's [1] 166:1 asking [15] 23:11; 31 :8 ,1 0 ; anyw h ere [3] 112:10; 149:21; 84:12; 94:2; 99:22, 24; 100:6; 192:9 102:7; 129:1; 150:3; 174:14,18; a p a rt [4] 86:5; 139:13; 176:5; 176:6; 192:14 183:22 assem bling [1] 32:23 apo log ize [1] 72:13 assem bly [6] 79:23; 182:3, 9, a p p e a r [2] 94:18; 107:7 1 0 ,1 5 ,1 9 app earance [1] 146:10 assert [1] 71:16 A p pears [1] 95:17 assertion [1] 9:24 a p p e a rs [8] 82:1 0 ,2 3 ; 106:10, Iassessm ent [1] 10:6 20; 117:24; 118:10; 124:19; assigned [1] 134:23 130:17 assist [3] 39:4; 47:2; 49:3 app les [1] 115:3 associated [2] 130:1; 146:25 applicable (1) 84:8 Association [1] 186:19 applications [2] 133:13,18 assum e [7] 34:11; 36:1; 42:19, applied [2] 133:5; 148:19 24; 43:18; 54:6; 70:12 applying [1] 147:23 a p p reciate [1] 194:11 assum ed [1] 42:7 assum es [2] 74:22; 141:21 app ro priate [4] 10:24; 53:13; assum ptions [1] 43:22 193:23; 194:1 attach [2] 76:6; 82:8 appropriation [8] 94:8; 103:18; attached [11] 8:6; 80:12, 81:24; 106:18; 108:13,14. 22; 109:1; 93:18; 106:18; 164:14, 19; ________________________________ XMAX(aaa) 177:16,19; 182:21; 184:23 atta c h e s [1] 181:17 a tte m p t [1] 146:21 . attend [41 9:22; 16:18,24; 18:4 attending [2] 3 8 :1 5 ,2 2 a tto rn ey [4] 48:22; 120:13,14. 18 atto rn ey-clien t [5] 9:24; 10:15; 37:11; 38:23; 120:12 attorney-client-privileged [1] 10:2 atto rn eys [2] 132:8; 193:22 audio-visual [1] 192:24 August [1] 24:16 a uth or [5] 99:20, 25; 100:7,10; 102:15 authorization [1 ] 107:14 authorized [1] 173:3 A uto [2] 8:22; 9:1 auto m a tic a lly [1] 137:9 A u to m o tive [1] 8:24 auto m o tive [1] 163:^, available [1] 48:16 Avenue [1] 18:16 a v erage [2] 31:16; 143:11 a w a re [24] 57:15; 70:9; 81:7; 84:14; 97:12; 103:8; 115:11,22; 142:23; 170:10; 171:23; 172:18; 174:8, 16, 24; 177:20; 17810, 18; 179:3, 15, 20; 189:14; 190:5, 22 aw areness [1] 129:12 - - B - - B -e-a-r [1] 157:8 B -o-g-a-e-r-t-s [1] 22:18 B .S.M .E. [1] 17:16 b ach elor's [1] 17:14 background [3] 16:12; 37:1; 78:9 backup [1] 106:25 bag [47] 100:23; 101:2, 9, 12; 1 0 2 :5 ,1 6 ,2 1 ,2 2 ; 114:17; 164:14, 1 5 ,2 0 ; 165:6, 1.1, 18, 21, 22, 23; 166:4 ; 177:6 , 7 , 17, 18, 22; 178:4, 7, 8 ,1 1 ,1 9 , 22; 179:2, 3; 182:6. 12, 17, 22, 25; 183:8, 9 ,1 1 ,1 7 ; 184:7,10,17; 185:3, 8 bags [4] 100:23; 101:19; 170:12; 178:2 band [3] 67:9; 77:14; 183:1 bankers [2] 44:16 bars [1] 78:13 base [3] 8 0 ;7 ,21; 134:14 B ased [1] 134:9 b as e d [2] 177:4; 185:15 basically [14] 17:12; 19:7; 21:20; 35:23; 43:6; 91:2; 94:14; 111:9; 118:22; 127:3; 136:8; 137:16; 163:16; 164:19 basing [1] 96:15 B ates [29] 11:21; 73:16; 75:5; 76:16, 20, 2 1 ,2 2 ;7 7 :1 2 ; 94:6; 95:7; 99:5; 112:18; 113:21; 114:14; 117:7, 8, 23; 120:21; 122:11; 123:13, 18; 124:25; 126:9,10; 137:4; 152:12; 164:23; 165:1; 174:6 B ear fl] 157:8 b ear [2] 148:22; 177:13 becom es [2] 5 5 :2,11 beforehand [1J 49:1 begun [1] 122:4 b eh alf [4] 8:21; 9:7; 12:19; 127:7 belated [t] 97:15 b elief {1] 125:11 believe [35] 12:16, 18, 14:3; 22:22; 29:20; 42:7; 46:14; 54:10; 64:4; 68:18, 21; 72:14; 75:5, 8; 81:1; 85:9; B 8:5,11; 96:2; 97:17, 20; 106:21; 114:5; 121:21; 124:20; 140:3,18; 144:23; ' 157:18; 159:2; 160:12; 183:3; 184:4; 188:14; 190:8 belonged [1] 191:10 b elt [2] 1 3 8:6,15 belts [1J 137:21 Ben [1] 193:3 bench [4] 81:21, 24; 82:2; 182:4 beside [1] 55:22 bi-m etal [1] 137:13 b igger [1] 177:8 BIHR [2] 8:23; 194:8 Bihr [1] 8:23 b it [6] 23:11; 35:17; 39:24; 51:11; 55:5; 77:15 b lack [4] 6 4 :1 3 ,1 9 ; 78:5; 148:5 blow ing [1] 189:15 blue [17] 7 8 :1 0 ,1 2 , 14; 146:13; 1 4 7 :1 ,5 ;1 4 8 :1 ,3 , 8, 9,10; 158:19, 2 1 ,2 2 , 24, 25; 159:1 B o b [10] 18:22; 26:23; 35:21; 47:6; 49:10; 61:6; 62:11; 88:9; 105:2; 133:23 b o d ily [1] 175:20 B ogaerts [2] 22:16; 88:25 B o ok [1] 9:16 boo k [2] 55:14; 147:11 books [1] 190:11 B o rg -W arner [1] 8:23 bdrn [1] 16:14 boss [1] 110:23 box [10] 44:8, 12, 14; 148:24; 149:8, 1 8 ,2 3 , 25; 150:6, 11 boxes [6] 44:16; 148:22; 149:3, 1 0 .1 5 ,1 7 B o y [1] 145:3 B rake [5] 51:15; 56:10; 117:8; 122:12; 148:5 b rake [94] 2 0 :9 ,1 3 ; 21:1; 22:1, 6 ,1 4 ; 23:3; 26:19, 22; 27:3,15, 19; 28:19; 29:22; 30:4,10; 31:1, 24; 3 2 :6 ,1 0 ,1 4; 35:22; 45:3,13, 16, 19; 4 9 :1 8 ,2 4 . 50:14, 20; 5 1 :1 ,3 ,1 1 ,1 3 ; 52:8; 54:19; 57:25; 58:1, 9. 1 4 ,1 6 .1 8 ; 59:10, 12, 16; 7 4 :2 ,7 ; 83:13; 84:19; 112:21; 113:3; 114:16; 138:8,' 10; 142:24; 143:1; 146:11; 149:22; 150:7,17; 151:3; 153:10; 156:12,18; 157:6; 162:9, 13,24; 163:4,21; 166:25; 167:2, 4, 6 ,7 , 21; Book vs. Asbestos Dits' (BHC) Craig Mountz 2/8/00 168:23; 169:18; 170:17; 171:20; 175:9; 179:16; 1 8 0 :1 ,6 ,1 0 ,1 5 ;, 185:12.15; 186:5; 189:4; 191:21,23,25; 193:9 brakes [9] 150:22; 152:14; 1 5 3 :4 ,8 ;1 6 7 :4 ,1 1 ,1 3 break [22] 16:2, 3; 22:9; 31:6, 7, 13, 20; 32:1; 50:22; 53:14,15, 20,21; 54:1; 68:24; 85:24,25; 99:13; 126:6; 161:24; 162:3; 187:22 Breathing ]1] 175:19 Brentwood [1] 12:1 bridge [1] 194:3 B rief [2] 53:24:187:25 b riefly [1] 26:13 bringing [1] 48:18 brochure [2] 123:8, 9 broken [2] 3 3 :1 ,4 BRUNO [1] 8:4 Bruno [3] 8 :4 ,1 7 ; 89:3 bucket ]3] 81:1; 182:9; 183:10 Budd [1] 9:2 building [1] 40:23 built [3] 1 3 7 :7 ,1 1 :1 7 7 :16 bulletins [2] 1 4 2:21,23 Bullock [2] 90:4;117:18 burdensom e [2] 115:9; 176:9 Bureau [1] 110:14 business [4] 48:12; 61:15; 101:15; 135:19 buy [1] 102:1 buyouts [1] 157:12 C-a-n-a-l-e [1] 89:4 C-h-a-s-t-e-e-n [1] 61:8 C-r-a-i-g [1] 9:19 C -r-e-a-s-e-y (1) 180:23 calculated [5] 44:25; 58:24; 127:25; 128:7; 145:12 California [4] 15:7,11; 58:21; 160:12 call [7] 34:1; 55:3, 9; 140:8; 141:11; 165:12; 173:16 Calls [28] 13:22; 33:17; 36:8; 4 2 :2 ,1 5 . 22; 43:17, 21; 86:23; 91:24; 101:22; 102:19; 106:13; 124:10; 130:15; 141:21; 154:18, 21; 155:4; 159:15; 160:19; 163:12; 165:25; 170:19; 179:5, 11; 180:11,16 calls [10] 48:5; 71:17; 106:7; 113:7; 117:20; 122:19; 126:25; 131:8; 153:13; 154:2 C am polo [1] 144:21 Canale [1] 89:3 candidate [1] 88:18 Cannistraro [1] 103:21 cap [1] 185:1 capacitors [1] 135:10 capacity [3] 12:22; 3 1 :1 1 .1 7 capped (1) 184:15 car [1] 151:13 C ard [1] 124:16 card [2] 124:17; 125:4 cardboard [3] 149:8,10; 150:11 care [2] 111:20; 112:3 careful [1] 37:11 Carlisle [1] 113:6 Carolyn [1] 9:16 carried [1] 81:24 carrying [1] 147:21 cars [2] 163:4; 166:23 case [11] 8:10; 13:10; 14 :9 ,1 2 , 14; 50:5; 58:17; 128:15,20; 129:22; 186:10 cases ]1] 14:16 casting [1] 138:3 C a t [1] 150:1 catalogs ]8] 45:24, 25; 46:4, 5, 6 ,1 1 ,1 5 ;1 4 0 :1 9 catch [1] 177:18 Categories ]2] 54:11; 126:20 categories [10] 5 4 :7 ,1 0 ,1 2 , 16; 71:19; 99:12; 119:7; 127:3, 4; 129:16 C ategory [2] 71:16; 128:2 categ ory [3] 49:15; 5 1 :1 2 ,1 7 Caution [1] 78:8 cautionary 1] 84:5 caveat [1] 10:19 ceased [2] 89:19; 90:3 C em en t [1] 9:3 Center [1] 117:17 center [13] 8 9 :5 ,6 ,1 2 ; 117:22; 123:5; 148:15; 151:4,17; 152:3; 170:1; 180:9,14; 193:1 centers ]2] 173:4, 6 central [1] 111:11 certificate [1] 109:14 certified [1] 171:24 cetera [1] 48:13 CFG [1] 113:6 chain [1] 161:15 change [3] 29:1; 144:24; 149:3 changed [6] 30:21; 66:23; 78:16; 91:4; 136:11; 148:25 changer [1] 191:17 changers [2] 20:6; 191:15 changes [1] 35:19 changing |1] 67:9 charge [18] 47:21; 85:9; 87:12, 14; 88:9; 89:6; 90:3; 111:15; 118:25; 120:6; 139:17; 143:15; 144:19, 22; 145:4, 9; 147:17; 193:10 charging [1] 108:12 Chasteen [14] 4 7 :6 ,1 1 ,2 2 ; 49:11; 6 1 :6 ,1 7 ,1 9 , 25; 62:11, 13; 66:15; 67:25; 105:13; 133:24 Chasteen's [1] 47:7 check [2] 75:19, 20 Chicago [8] 18:14; 39:25; 40:3, 13, 23; 41:8; 85:18; 89:8 chief ]1] 88:10 chronological ]1] 113:18 Chrysler [1] 152:15 Chuck [3] 27:23; 34:17; 35:11 circum stance [1] 48:18 cited [2] 170:23; 171:3 city [1] 40:10 claim [2] 14:20; 173:2 claim s [2] 14:17; 172:19 clam p [3] 153:6; 163:21; 164:2 XMAX(JIM) clarification [1] 84:20 clarify [1] 134:5 classes [1] 50:18 clean [7] 103:9; 115:13; 177:21; 178:11, 18, 21; 779:2 cleaned [1] 103:8 cleaning [2] 1 1 4:21,24 cle ar [8] 39:11; 48:24; 50:1; 59:14; 61:24; 133:25; 138:17; 156:16 Client [1] 95:18 clients [2] 8:19; 10:11 clip [5] 177:6 ;1 81 :2 1 ,22 ; 182:14; 1B3:16 clipped [5] 72:25; 113:16,17; 182:17,18 clips [1] 182:8 closed [2] 41:13; 183:11 closer [1] 23:10 cloth [4] 178:9, 11; 179:2; 182:12 collect [1] 96:9 collecting [2 ] 120:7; 176:21 collection [45] 73:22, 25; 74:4, 8, 13, 2 0 ,2 3 , 24; 75:1, 12; 76:2; 77:2, 4, 7, 12; 81:20, 23; 82:13; 94:15; 96:12, 14; 97:5, 11 ,18 ; 98:10, 11; 100:22, 23; 101:12; 103:7, 9; 114:24; 115:14, 24; 116:7,14; 161:4; 165:16; 169:6, 7; 170:11; 176:18; 177:5; 178:5; 189:1 collectively [1] 113:14 collector [3] 166:4; 1 7 6:19,20 college [1] 16:24 color [19] 6 4 :8 ,1 1 ,1 5 ,1 8 ; 77:25; 78:24; 79:2, 7, 9; 146:11, 12, 22. 25; 147:24; 148:9; 158:5, 14, 18 colors [3] 52:11; 78:7; 158:22 colum ns [1] 99:9 com ing ]3] 96:7; 185:2, 5 c om m en t [1] 92:1 com m issioned [4] 87:6; 88:13; 98; 17; 105:18 com m ittee [2] 5 7 :4 ,1 0 c om m o n [1] 189:2 C om m onw ealth [3] 18:16; 41:12; 85:12 com m unications [1] 10:11 com panies [8] 26:6; 156:21; 157:24; 1 5 9 :1 3 ,1 8 ,1 6 0 :4 ,1 3 , 18 C o m p an y ]5] 9:1, 3, 4; 24:13 co m p an y [22] 18:1; 25:2; 33:19; 36:6; 47:21; 64:23; 65:24; 83:11; 91:18; 94:12; 103:24; 104:5; 120:10; 128:15; 129:9; 131:6,14; 137:12; 157:1,17; 192:20 com pan y's [1] 131:1 com parative [i] 160:17 com pared [4] 159:13, 24; 160:3, 18 com paring [2] 76:25; 115:2 com parison [1] 159:18 com pensation [4] 14:17, 20; 105:8; 172:18 From Bear to compensation com petitive [1] 180:15 com petito r [1] 156:11 com petitors [21 156:7,18 com pilation [1] 69:15 Com plete [1] 122:12 com plete [2] 40:4; 174:4 com pletely [3] 59:14; 129:10; 158:21 com plex [1] 40:23 com pliance [1] 63:5 com plying [1] 62:18 com po nen t 114] 80:16,18; 81:5, 8; 101:6; 121:12,14; 134:11, IS IB, 24; 136:16; 138:7; 142:19 com ponents [3] 133:6; 135:9; 150:17 com posed [1] 137:10 com position |1] 80:25 Com pound [6] 35:18; 50:4; 105:10; 117:19; 165:13; 177:9 com pound [4] 99:16; 152:14; 175:24,177:14 com pressed (4] 169:18, 22; 179:16, 21 com prised [2] 181:13 com prises [1] 69:9 C o m p uter [2] 112:24 concepts (1] 19:7 concerned [1] 76:18 concerns [1] 58:19 concluded [2] 49;2; 102:24 conclusion [1] 131:9 conclusions [1] 189:24 conduct [5] 86:21; 87:3; 107:14; 156:6; 189:11 co n d u cted (2] 85:16; 98; 15 c o n fer J1] 128:20 configuration [1] 165:8 confirm [1] 60:18 c o n firm in g ^ ] 11:17 confuse [2] 27:13; 174:15 conjunction [1J 176:14 connected ]2] 66:8; 182:25 connection [2] 10:12; 179:22 connects f1) 138:15 consider [2 ] 51:5; 74:3 considerably [1] 100:19 considered [6] 100:1,7; 156 :1 1 ,1 8 ; 175:22; 176:3 considering [2] 99:20; 100:10 consist p i 68:21; 99:15; 113:12 consisted [1] 137:5 constitute [1] 99:19 consum er [1] 163:4 con tact p ] 25:6; 26:10; 88:22 contain [1] 53:6 contained [8] 54:17; 66:22; 80:18; 81:13; 125:22; 134:12; 169:2; 174:11 contains [t] 189:23 Contem poraneously fi] 96:22 contem poraneously [1] 8:10 con ten t [1] 107:22 contents (6] 69:9; 83:21; 92:20; 114:9; 123:8; 124:4 con text [5] 10:10,14; 48:14; From competitive to differences B ook v.`>. Asbestos Dfts' (BHC) Craig Mountz 2/8/00 83:8; 109:19 curious [2] 160:6; 161:11 continue p j 27:14; 116:25; current [8] 28:8, 21; 33:15; 194:13 40:8; 41:21; 67:22; 141:6,9 c o n trast [1] 92:17 Control [8] 86:1 5 ,2 1 ; 87:3; Currently ]2 ] 133:20,21 currently [9] 50:18; 61:2, 3; 93:8; 94:16; 105:5, 18; 150:16 69:7; 111:17; 139:10; 142:3; control [11] 73:19; 97:21; 180:18; 187:4 129:18; 147:3, 12, 15.18; 164:7, custodial [1] 48:10 9; 169:5; 175:18 custodian [3] 47;22; 48:4; controls [1] 129:17 61:16 copied [3] 68:19; 69:7; 70:18 custom [1] 82:4 copies ]?] 66:20; 67:21; 86:6; custom arily [1] 10:16 107:8; 119:2, 3; 149:9 custom er [5] 20:16; 143:20; c o p y [30] 8:16; 15:19; 37:17; 149:7; 155:22; 190:2 54:9; 62:6; 63:13, 24; 66:10,12, custom ers [8] 20:25; 21:4; 19; 77:23; 78:19, 21; 79:2, 7, 9; 65:19; 89:6; 155:24; 156:3; 105:22; 1 0 6 :6 ,1 1 .1 2 ,1 6 ; 107:3, 166:7; 175:3 25; 110:12; 120:24; 125:18; 147:11; 158:9; 188:18,22 CO R M IER [1] 8:25 -- D-- C o rm ie r [2] 8:25; 86:2 D-1 [7] 73:5; 76:20, 2 3 ,25 ; c o rn e r (2] 80:13; 113:25 co rp o ra te [1] 128:3 77:2; 183:5, 18 D-2 [7] 73:5; 76:21; 7 7 :1 ,1 0 , Corporation [7] 86:21; 105:5, 22; 76:16; 80:14 6, 9, 19, 20; 157:14 D-3 [6] 73:6; 76:22, 23; 80:12, corporation [1] 23:21 25; 190:11 correctly [1] 147:23 D-a-r-d-a [1] 193:3 correlates ]2] 54:25; 108:21 D-r-a-g-o-n-i [1] 139:20 corresponding ]1] 69:12 Danaher [5] 127:17,18; Corsi [2] 1 1 0:3,14 128:10; 129:24; 130:4 cost p ] 160:23; 161:4, 8 Darda [1] 193:3 Council [4] 1 8 7 :4 ,9 ,1 2 ,1 9 dark p i 146:13; 147:1, 5 Counsel [2] 8:10; 54:9 darker [1] 158:25 counsel [13] 8:18; 9:23; 10:1, Data [2] 1 8 0:19,22 5; 24:7; 61:14; 83:23; 113:11; data [1] 107:3 127:11; 131:12; 172:17,24; date [5] 11:17; 25:10; 27:16; 188:24 83:2; 94:17 Counsel's [1] 43:22 Dated [1] 125:2 counsel's [1] 53:10 dated [6] 46:4; 75:5; 82:24; c ou ntry [2 ] 53:22; 58:21 couple [7] 59:8; 119:15; 107:9; 110:4; 124:19 dates [i] 145:2 141:14; 146:5,9; 177:14; 188:1 David [2] 8:21; 82:24 course [5] 10:15; 11:23; 33:3; DAY [31] 9:7; 14:22; 59:23; 48:12; 69:5 60:1,10; 79:8; 85:19; 96:21, 24; courses [2] 18:6; 109:11 97:2; 110:9; 1 1 6 :2 ,8 ,1 2 ; cou rt [7] 13:7; 14:9,10; 15:12, 14; 23:10 131:21; 132:10; 133:7, 20. 25; 149:22; 164:13; 171:20; 174:11, c o ver ]11] 65:7, 9; 66:8; 67:3, 14.18; 175:9; 177:23, 25; 6 ,8 , 1 1 , 1 2 ; 94:25; 105:4; 191:23; 192:12, 14 148:13 D ay [3] 9:7; 37:13; 38:9 covered [1J 10:15 d ay [5] 39:9; 112:10; 116:3, 9; covers [2] 65:7; 67:12 187:17 CRAIG [1] 9:12 days [2] 38:11; 62:2 Craig [2] 9:19; 110:4 de-em phasized [1] 35:21 cra te s [1] 148:21 dealership [1] 101:15 Creasey [i] 180:23 dealt [1] 116:14 cre a te [1] 192:20 decade [1] 89:21 created [21] 39:21; 75:9; 88:21; decal [26] 6 3 :1 1 ,2 2 ,2 4 ; 64:1, 89:13; 92:24; 95:23; 114:6, 12; 3, 6, 9 ,1 2 .1 5 , 1 6 ,1 7 ; 65:12; 116:13; 117:13, 18; 118:6; 66:23; 73:21; 77:11,15, 22; 120:23; 122:13; 124:21; 125:8; 7 8 :1 ,7 ,1 6 , 1 9 ,2 2 .2 5 ; 114:20; 189:12; 192:17, 19,22; 193:12 148:14 creating [1] 193:8 decals [1] 64:21 criteria ]1] 99.12 deceased [2] 27:8; 104:3 crossed [1] 106:5 decide [1] 44:18 Cunningham |6] 27:23; 28:11; decided [1] 102:25 3 4:17,19; 35:12; 87:22 decision [3] 9 1 :1 4 ,2 1 ,2 3 Cunningham's [1] 28:8 declaration [2] 48:10; 61:17 d ecrease [1] 33:11 T* X M A X (4/35) D eere [1] 146:22 d efend ant [1] 9:23 defined [1] 100:8 t defines [2] 176:3, 8 definition [1] 175:21 d eg ree [2] 1 7 :1 1 ,1 2 degrees [3] 2 9 :1 6 ,1 8 ,1 9 d ep a rtm e n t [74] 1 9 :1 9 ,2 2 ,2 5 ; 29:2; 30:7, 11, 13, 20; 33:7; 35:20; 43:19; 47:10,12; 49:4,7; 54:18: 5 6 :3 ,1 6 , 23; 57:1; 61:10; 67:23; 68:5, 10; 81:12; 87:13; 104:7; 111:20; 112:12; 114:3; 118:18, 2 1 ,2 2 , 25; 119:2, 4, 7, 24; 120:3; 124:8; 131:17, 20; 1 3 2 :1 ,4 ,6 ; 139:12,17; 142:6, 13; 1 4 4 :1 ,2 ,1 6 ; 146:19; 147:13, 14; 155:7, 18; 160:16; 173:8, 13, 16, 2 i; 2 3 ; 174:5; 175:7; 181:1, 3; 1 9 2 :6 ,7 , 22 departm ents [1] 104:12 depended [1] 185:25^ d epose [3] 47:25; 48:3; 61:19 deposed [3] 12:5,15; 15:1 Deposition [14] 1 1 :1 1 ,1 2 ,1 3 , 15; 37:18; 38:18; 48:1; 54:5; 71:3; 119:8; 126:25; 129:16; 146:3; 173:14 deposition [28] 8 :5 ,1 4 ,1 7 ; 9:23; 10:5; 1 1 :1 0 ,1 7 ,2 0 ; 12:12, 20; 13:15, 25; 14:7; 16:9; 37:3; 38:4, 16, 22; 39:6, 9; 48:6; 49:2; 58 :1 7 ,2 2 ; 59:6; 74:18; 128:17; 194:17 depositions [2] 8;9; 140:14 d escrib e [15] 19:4; 26:13; 42:11; 50:11; 51:11; 54:14; 58:4; 100:10; 115:13; 140:20; 147:1, 7; 176:13; 182:11,17 described [7] 74:2; 77:10; 80:25; 99:12; 143:3; 153:9; 176:20 description [2] 27:13; 83:24 design [17] 19:6; 20:9, 13; 21:22; 26:17; 45:3; 55:8; 72:9; 84:20; 96:10; 136:11; 159:7, 8, 9 ;1 6 2 :2 0 ;1 6 3 :1 0 ,2 5 designed [9] 70:13; 96:9; 154:7,15; 162:14, 25; 163:8; 164:6; 177:15 designer [1] 161:13 designers [1] 154:11 designs [1] 153:5 d estro y [1] 137:9 determ ine [2] 101:17; 121:19 developed [1] 97:19 d evelo pm en t p ] 19:25; 54:22; 188:4 devoted [1] 40:21 d iagram [1] 77:18 diag ram s [1J 164:8 d ia m e te r [1] 189:9 died [2] 27:16, 20 d iffe r [2] 21:19; 28:17 d ifference [7] 98:2; 101:24; 102:24; 106:14, 19; 163:23; 178:2 differences [3] 96:4; 153:10; BS a ____________________________ Book vs. Asbestos Dfts' (BHC) Craig Mountz 2/8/00 1*63:17 Don [2] 34:25; 35:11 11,16; 33:16; 57:8; 169:5,17; d ifferently [2] 152:24; 153:6 d o u b t [1] 105:16 172:13; 180:8, 14; 187:13 difficulty |1] 32:22 dow nsizing [2] 36:7,11 ' em p loyer [1] 24:12 d irect [1] 30:14 Dragon! [4] 139:18; 141:7; em p loym en t [2] 78:17; 139:1 d irecto r [4) 122:24; 123:1, 5; 1 5 4 :1 7 ,1 9 E m pty [1] 114:17 141:2 draw ing [16] 71:20; 77:1,3; end [4] 31:22; 94:9; 148:20; discard [7] 4 4 :1 9 ,2 3 ; 45:12, 80:13, 14,16; 125:5,6,19, 21, 177:13 2 1 ,2 3 .2 4 :6 2 :1 4 25; 138:12; 150:5; 181:7,10; ended (2] 42:16; 43:6 discarded [8] 42:20; 44:20; 194:16 engineer [23] 18:24; 2 1 :8 ,9 , 45:5, 8; 4 6 :1 4 ,1 6 ; 62:17; 81:16 d raw ing s [16] 19:7; 26:17; 1 0 ,1 6 ; 22:5, 11; 23:2, 22; 28:16; discarding [1J 46:20 7 0 :1 1 ,1 4 ,1 7 ,1 9 , 22; 71:5, 9. 32:5, 8; 34:8; 35:15; 8 4 :1 6 ,1 9 , discontinued |1] 193:20 10, 14; 76:12; 81:13; 126:2, 19; 22; 88:10; 104:21; 111:9; discoverable. Jl] 129;11 193:15 116:18; 134:15; 168:10 discovery (4) 58:24; 128:1; D raw n [1] 125:7 Engineering [7] 19:23; 23:6; 145:12; 172:25 d re w [1] 70:12 47:10; 113:1; 118:22; 120:2; discuss [5] 49:1; 51:11; 83:21, 25< 193'25 drilling [1] 82:6 Drive [2] 12:1:40:9 149:13 engineering [68] 1 7 :5 ,7 ,1 1 , discussed [7] 9:23; 10:7; 66:2; d riv e [1] 138:15 1 4,21, 25; 19:16, 23, 24; 20:2; 86:12; 87:20; 126:19; 140:13 d ro p [1] 141:17 22:6,15; 2 3:3,16, 23; 25:8; discussing [2] 11:23; 116:3 Drum [1] 122:12 26:14,16,24;27:1,15; 28:1,23; Discussion [3] 95:12; 110:10; dual [3] 48:1; 136:3; 185:4 2 9 :2 ,1 6 ; 30:6, 11; 32:12; 35:6, 123:17 due [2] 11:23; 96:6 1 1 ,1 2 ,1 4 ,1 6 ; 36:14; 47:12; Disk [1] 122:12 d u ly [2] 9:13; 188:3 49:3, 7 .1 3 ,1 5 ; 5 4 :1 ,1 8 ,2 0 , 23; disk [3] 67:13; 138:16; 167:4 D U M O N T [1] 9:2 56:3; 57:24; 61:10; 67:23; 68:9; dispute [1] 45:11 D u m o nt [2] 9:2; 86:2 71:1, 14; 78:20; 85:9; 87:13; disregard [1] 182:19 d um p [2] 183:17,24 88:7; 1 0 4 :1 5 ,1 6 .1 7 ; 112:14,15; distinguish (1] 20; 1 duration [2] 185:20; 186:4 114:3; 118:18; 119:4; 134:16; distributed [1] 161:16 dust [71] 51:5, 7; 7 3 :1 9 ,2 2 ,2 5 ; 144:20; 147:13; 150:5; 166:16; distribution [1] 161:15 74:3, 8 ,1 3 , 20, 23,24; 75:1,11; 194:15 distributors [2] 101:21, 24 76:1; 7 7 :2 ,3 ,7 ,1 2 ; 79:23; engineers [6] 19:15,17; 20:24; division [2] 187:17, 18 81:20; 82:13; 94:15; 96:9,14; 29:4; 70:7; 111:7 d octor [1] 172:11 97:5, 11,17, 21; 98:10,11; ensure [1] 114:17 D ocum ent [2]- 115:20,21 103:7, 9; 114:17,24; 115:13, 24; Enter [1] 97:15 docum ent [67] 37:20,23; 55:1; 1 1 6 :6 ,1 4 ; 161:4; 164:7, 9 ,1 4 , entered [1] 130:24 62:3, 6, 10, 13, IS; 63:5, 9, 12, 15; 1 6 5 :6 ,1 1 ,1 6 ,1 8 , 23; 166:4; entirety [1] 176:2 15; 72:22; 7 5 :9 ,1 0 ,1 7 , 20; 169:5, 6, 7; 170:11; 175:18, 19; entitled [3] 120:21; 122:12; 76:20, 21; 83:1, 9, 15; 86:12; 1 7 6 :1 8 ,1 9 ,2 1 ; 177:5, 18; 124:15 94:19; 108:6,7; 1 1 4 :1 ,2 ,6 ,9 , 183:24; 184:6,7, 14, 16, 23; equipm ent [5] 23:7; 151:13; 1 2 .1 5 ; 1 1 5 :5 ,6 ,2 1 ; 117:13,16, 185:4, 5; 188:7, 25 158:6; 175:18; 190:3 18; 118:6, 9 ,1 1 ; 120:22; 122:11, duties [2] 19:4; 21:19 equivalent [1] 171:4 13; 123:21; 1 2 4 :1 ,4 , 5 ,1 4 .1 9 , 20; 125:9, 1 2 .1 5 ,1 8 ,2 0 ; - - E - - 130:16,18; 142:6; 152:18, 23; 153:2; 1 7 6 :1 ,2 ,7 ; 190:18 E-d -w -a-r-d [1] 9:19 docum entation [1] 47:21 Docum ents [1] 174:1 earlie s t [3] 65:23; 130:16,18 Early ft) 70:5 docum ents [102] 1 0 :2 ,9 ,1 0 , ea rly [3] 89:22; 123:4; 144:25 1 3 .1 6 . 2 0 :1 1 :1 9; 38:21; 39:1, 2, ea s ie r [1] 51:24 5. 8, 1 2 ,1 5 ; 4 6 :1 4 ,1 6 . 23, 25; e a s y [1] 41:9 47:3, 9, 20; 48:2, 9 ,1 0 ,1 2 ; 54:4, edu catio nal [1] 16:12 8 ,1 2 .1 5 ; 55:24; 56:2; 57:15, E d w a rd [1] 9:19 23; 58:4; 60:15; 62:14,17; e ffe c t [4] 91:7; 189:12,15; 6 8 :1 5 ,1 8 ; 69:6, 8; 7 0 :9 ,1 8 ; 190:6 71:2, 8; 7 2 :6 .2 4 ; 73:1. 8, 9; effic ie n c y [2] 114:17; 184:9 76:14, 19; 89:24; 95:9; 96:25;' e ffo rt [i] 191:20 108:12; 109:24; 113:12,14; eigh t [4] 39:16; 77:19; 189:9 116:2, B. 13. 23. 25;117:5; ejected [1] 184:24 119:16,20; 120:1; 121:16; electron [1] 92:17 125:24; 126:17,20; 127:4,6; e le m e n t [1] 147:4 1 2 9 :1 3 ,1 4 ,1 5 , 25; 130:4; em p loyed [29] 17:20, 24; 138:14; 140:12; 1 4 5 :1 5 ,1 9 ,2 4 . 19:18; 22:1 9 ,2 1 ; 24:4; 26:1; 25; 146:7; 155:10; 170:9; 27:24; 28:10; 33:6; 85:3; 92:23; 173:11, 13, 1 7,19; 174:12,19; 93:15; 99:23; 114:10; 131:18; 175:23; 176:6, 12, 25; 178:16; 1 3 3 :2 0 ,2 1 ; 139:21,23; 140:24; 179:14,185:21; 194:10 141:23. 24; 154:7, 13; 172:4, 8, D oesn't [2] 72:2; 137:15 11; 193:4 doesn't [6] 120:25; 122:20; em p loyee [6] 12:23; 24:23; 128:7; 159:17; 187:13,17 90:5; 169:24; 172:5,11 em ployees [12] 19:11; 31:3, error [1] 107:16 errors [1] 15;20 estim ate |4] 41:24; 167:25; 168:9; 185:24 e t [1] 48:12 Eugene [1] 104:24 European [3] 156:21; 158:17; 160:13 eventually [1| 40:25 everybo dy [4] 31:21; 36:13; 85:22; 120:2 , evidence [5] 58:25; 128:1; 141:22; 145:13; 188:10 e x a c t [4] 83:2; 97:23; 103:14; 106:6 exactly [5] 3 2 :7 ,1 1 .1 5 ; 57:1; 89:20 EXAMINATION [2] 9:14: 86:4 exam p le [1] 151:23 Except [1] 36:3 e x c ep t 13] 35:24; 138:5; 174:19 exchanged [1] 10:10 exem p lify [1] 109:19 exhau st [3] 180:5; 182:24; 184:25 Exhibit [69] 1 1 :1 0 ,1 4 ,1 6 ,1 8 ; 37:17; 38:1; 49:12; 62:4; 63:8; 6 6 :7 .1 0 ,2 3 ; 67:22; 72:21; 73:1; XMAX(56) 75:22; 79:9; 82:23; 85:21; 86:11, 13, 18; 9 2 :2 1 ;9 3 :1 ,1 3 ,19; 94:4, 25; 95:2, 3, 5, 14; 97:14; 105:4, 23; 1 0 6 :4 ,1 0 ,1 1 .1 8 ,2 0 , 22; 107:7,18, 25; 108:13,*22, 25; 110:3; 112:18; 113:4,22, 23; 114:20; 117:9,10; 118:2, 3; 123:14; 1:48:11; 152:12; 163:15; 164:25; 174:7; 175:16; 183:5; 184:19; 189:22; 190:19 exhibit [5] 76:18; 85:19; 108:1; 123:13; 190:10 Exhibits [10] 8:2; 11:11; 46:25; 61:4; 66:1; 68:4; 69:8; 76:23; 123:15; 126:11 exhibits [7] 11:21; 66:2; 67:19; 76:17; 95:10; 170:10; 188:25 exist [6] 52:25; 53:1; 69:16; 111:23; 157:13; 187:13 existed [2] 114:25:177:1 existence [2] 70:23; 124:17 existing [1] 97:21 exists [1] 150:4 expected [2] 101:11:^,179:6 expense [1] 48:19 experience [6] 65:23:134:9; 166:12, 15, 16; 185:15 experim ental [1] 138:18 explain [3] 17:9; 35:17; 53:2 explained [1] 102:20 exposure [2] 91:5; 98:20 extent [4] 8:13; 48:24; 145:14; 159:16 extra [1] 106:12 extrem ely [1] 189:25 eyebrow s [1] 53:10 - - F- - facilities [6] 40:1 2 ,2 0 ; 41:25; 141:20; 143:2.3 facility [13] 41:1, 9 ,1 8 , 21; 85:16; 89:9, 1 1 ,2 4 ; 9 0 :3 ,1 0 , 20; 144:6; 178:24 facsim ile [3] 8:6, 8 fa c t [8] 37:22; 68:19; 69:2; 87:1; 101:10; 107:22; 154:5; 161:20 facts [3] 16:6; 44:22; 141:22 fac tu a lly [1] 175:5 Fair [1] 160:9 fa ir [2J 10:6; 45:15 fam ilia r [2] 101:23; 191:17 fam iliarity fl] 92:9 fan [3] 1 8 9 :5 ,7 ,1 2 fashion [1] 113:18 fa s t [1] 53:17 faxing [1] 8:12 February [1] 82:24 fed eral [2] 13:7; 14:10 feed b ack [2] 152:6,11 feel [2] 34:2; 177:2 fe e t [5] 41:1 6 ,1 9 ; 4 4 :1 0 ,1 5 Fel-Pro [t] 9:1 felt [1] 74:7 few e r [1] 36:13 fiber [2] 92:6; 170:23 fibers [2] 121:20; 168:25 field [1] 17:21 From differently to field * BSA fig u re [21 116:17; 135:6 figured [2] 8:12; 68:14 figures [2] 44:22; 160:2 file [36] 50:3; 52:14, 1 7 ,1 9 ,2 1 ; 53:5; 55:21; 56:6; 58:5; 68:8, 9, 15; 6 9 :9 ,1 1 ,1 5 ,2 0 ; 71:1; 83:11; 93:11; 94:20; 106:1; 107:4,12, 23; 114:2; 125:16, 19, 21, 25;. 126:2; 146:5; 150:5; 167:16 filed [31 1 4 :1 0 ,2 1 :1 7 2 :19 Files [11 55:22 files [32] 39:21; 42:6, 9 ,1 0 ,1 2 ; 43:5; 45:17; 4 9 :8 ,1 4 ,1 5 .1 8 ; 52:24; 54:1, 17, 20, 22, 23; 55:17, 2 3 ,2 5 ; 57:16, 24; 62:7; 63:4; 67:22; 69:15,16; 78:20; 81:16; 133:11filing [2] 49:22; 53:7 fill [1] 101:17 filled [1] 175:7 final [2] 124:13; 177:12 finance [1] 47:8 find [101 74:17; 119:16; 140:21; 145:25; 149:14; 163:14; 171:25; 175:20; 176:25; 177:3 finding [3] 54:4; 134:24; 136:15 Fine [1] 63:18 fin e [2] 53:19; 72:10 finish [2] 5 8 :1 1 ,2 0 finishing [2J 1 2 6:15,16 firm [2] 13:9; 48:22 firm s [1] 10:12 First [1] 178:21 firs t [451 9:13; 11:13; 24:11; 37:25; 38:3,14; 39:8; 40:22; 62:3; 63:8; 64:3, 8; 66:11,18; 70:3; 72:22; 73:15; 75:12,14; 8 0 :1 ,5 ; 83:1, 2, 9 ,1 5 ; 84:14; 88:24; 89:13; 92:12; 93:9; 96:4; 104:18; 105:22; 116:12; 121:1, 15; 130:10,14; 138:24; 140:13; 148:11; 180:24; 181:6; 190:12; 192:16 fit [1J 163:4 Five [1] 112:7 five [61 12:10; 19:2; 30:5; 140:4; 147:8; 166:10 five-m inute [2] 53:21; 187:22 fix [2] 151:13; 175:8 flan g e [1] 136:9 flipped [1] 21:10 flo o r [1] 141:20 flo w (2) 184:9; 188:7 FM C [1] 157:14 fo a m [1] 81:2 focus [1] 59:2 focused [1] 53:7 fo ld er [3] 49:23; 50:6; 55:20 folks [11 20:3 follow -up [2] 83:10; 85:2 follow ed [11 179:7 follow s [2] 9:13; 142:6 forced [1] 185:8 fo rg e t [3] 27:16; 132:20; 141:12 form [4] 15:16; 104:23; 151:18; 181:20 fo rm a l [1] 151:23 From figure to idea Book vs. Asbestos Dfts* (BHC) Craig Mountz 2/8/00 fo rth [1] 86:8 166:8; 171:21; 175:10; 176:18, fo rw ard [21 8:14; 16:9 19; 179:22; 180:2, 6; 189:4 forw arded [2] 1 1:4,7 grinders [63] 50:6; 51:9; 58:6; found [8] 68:7; 91:6; 107:23; 70:23; 74:7,11; 83:17; 9 0 :9 ,1 0 , 114:2; 116:25; 125:20; 170:15; 19; 102:13; 125:21, 25; 134:10, 191:14 19; 135:5.15; 136:20; 137:19; Foundation [2] 191:6, 8 139:7; 140:17,20; 142:1 1 ,1 5 , foundation [8] 99:18; 113:8; 24; 1 4 3 :1 ,6 ,1 0 ,1 9 ; 146:12; 115:2; 153:13; 154:2; 170:20; 147:18; 148:7; 149:15; 150:13, 179:19; 185:17 22; 151:9; 155:2,19, 22, 25; founded [1] 130:8 156:7,13; 157:4, 9 ,1 5 ,1 9 , 25; fo u r [3] 8 2 :7 ,9 ; 159:13 158:2, 14; 159:13; 160:3, 4 ,1 4 , four-inch [1] 42:17 18; 161:19,22; 171:10; 174:25; fou rth [1J 189:24 177:16; 189:20; 190:24; 191:24'; fra m e [2] 60:14; 64:5 , 192:4 fra m e w o rk [1] 54:4 grinding [27] 65:8; 67:4, 9 ,1 3 ; Francisco [1] 38:7 107:4,12, 23; 114:2; 116:18; fre e [2] 34:2; 177:2 130:1,5, 25; 140:12; 145:46; free-standing [1] 82; 18 146:10; 147:24; 150:18; 156:19; frequ ently [2] 114:17; 127:10 163:18; 164:4; 169:18; 174:9; fresh [1J 15:6 178:25; 180:10, 15; 184:8; Friction [t] 186:13 193:12 friction [1] 162:10 ground [2] 15:5; 185:12 fro n t [2] 96:25; 1.17:16 group [2] 20:2; 111:10 full [2] 19:9; 44:8 grouped [1] 52:18 full-tim e [1] 18:9 guard [5] 182:3, 8. 9 ,1 5 , 19 fully [1] 127:11 guess [14] 36:18; 42:3, 4 ,1 0 ; f u n c tio n a l 40:20; 184:6; 185:4 61:23; 67:20; 72:16; 112:15; fuse [1] 137:16 135:6; 140:23; 142:2; 156:24; future [11 1 1 :8 - - G- - G -i-o-i-e-l-l-o [11 82:25 gas [1] 101:16 g asket [2] 183:7,11 170:2; 172:1 guessing [1] 29:13 Gunter [1] 119:11 guy [1| 145:21 guys [I] 175:8 Gypsum [1] 9:3 gaskets [3] 81:18; 136:20, 21 g ave [1] 146:2 - - H - - generated [2] 10:14; 137:20 H-1 [3] 95:2, 3, 5 generic [3] 5 0 :1 0 ,1 4 ,1 7 H-2 [4] 95:2, 3, 22; 106:11 G eo [1] 104:25 H-u-n-g-e-r [1] 156:24 gets [2J 55:10; 80:11 h adn't [1] 84:20 Gioiello [1] 82:24 h alf [4] 12:4; 25:16; 53:12; give [4] 55:6; 90:25; 112:25; 112:23 151:18 Hallberg [1] 104:4 given 13) 55:16; 66:6; 175:13 Ham pton [19] 18:22; 26:23; giving [2] 79:7; 175:7 GM [1J 151:12 2 7 :5 ,1 4 ; 35:22,23; 36:2, 4; 39:18, 20; 45:18; 87:10; 88:2, g oes [4] 73:21,24; 77:15; 1 0 ,12 ; 104:16; 107:9,19; 125:8 132:18 Ham pton's [10] 27:9; 42:6,12; g otten [2] 84:20; 194:10 43:1,25; 45:17; 81:16; 87:16; governm ent [2] 161 ;1 9 ,22 105:2; 133:11 grabbed [1] 163:18 hand [1] 51:2 graduate [1] 16:22 handbooks [1] 111:10 graduating [3J 16:25; 18:3, 8 handed [1] 113:11 G reat [1] 97:25 handing [1] 86:8 Green [2] 34:25; 35:11 h an dle [1[ 72; 11 green [1] 146:22 hands-on [1] 17:13 Grind [1] 117:8 handwriting [4] 93:25; 94:4; grind [2] 159:10:167:14 104:23; 105:1 g rinder [52] 50:8, 15; 6 8 :9 ,1 1 , handw ritten [2] 93:18; 95:6 15; 6 9 :9 ,1 1 ; 74:1, 9; 81:25; H andy [1] 8:25 82:8; 83:14; 86:16; 96:8; 97:22; hang [1] 165:6 103:1 2 ,1 3 ; 114:16; 125:16; happens [1] 55:17 130:14; 134:11, 25; 136:16, 22; harassing [1] 176:9 137:24; 138:8,20; 142:19; harm [1] 175:20 149:6; 150:24; 151:2,16; harnesses [1] 135:10 152:24; 153:11; 156:4; 160:23, 25; 164 :6 ,1 0 , 16; 165:3, 7; hash [1J 193:22 hasn't [1] 71:25 ______________________________ XMAX{6/37) H at (I] 150:1 haven't [5] 18:6; 69:7; 158:15; 171:1, 2 h azardous [1] 109:14 hazards [2] 129:12 HAZW O P (1) 109:13 He's [7] 26:6; 47:8, 21; 59:24; 85:5; 88:3; 104:3 he's [7] 27:8; 97:17, 19; 103:24; 104:1; 168:4; 181:3 head 111] 21:20; 24:8; 27:19; 75:17; 76:7; 87:13; 88:7; 135:22; 142:3; 144:15, 24 Health [1] 92:10 h ear [1] 85:22 h eard [2] 1 5 7 :1 ,2 0 h ea rt [1] 129:21 h eat [1] 137:20 H eather [1J 8:23 held [2] 151:23; 164:4 help [3] 60:3; 86:7; 134:5 helping [1] 19:8 Hennessy [46] 9:7; 10^12; 12:21; 13:10; 14:4, 21; 24:16, 17. 20, 2 1 ,23 ; 26:2; 27:5; 33:21; 39:1; 40:9; 60:10,12; 127:7,12, 1 6 ,18 ; 128:9, 1 3 ,2 2 ; 129:17; 130:23; 131:25; 13 2 :7 ,1 3 ,19 , 21; 133:17; 139:23; 154:14, 16; 172:7, 1 0 ,2 2 ; 186:21; 187:3, 9, 15; 191 :1 0 ,1 3 ; 193:4 Hennessy's [2] 128:14, 22 Here's [1] 184:20 Hicks [4] 24:3, 22; 25:6; 87:24 high [3] 1 6 :2 0 ,2 5 :7 7 :1 9 high-volume [1]` 163:16 higher [1] 18:4 hired (1J 89:15 history [2] 51:24; 128:3 hold. [4] 2 5 :1 4 ,1 7 ; 181:25; 182:9 holds [1] 181:24 holes [3] 82:4, 7, 9 hollow [1] 184:13 h om e [1] 140:23 hope [1] 188:8 hopefully [1] 86:6 Hopkins [1] 87:8 hou r [1] 53; 11 hours |1] 39:16 hundreds [1] 50:1 hung [11 182:22 Hunger [3] 156:22; 158:21; 159:6 Hunger's [1] 158:19 HUTC H IN SO N [17] 9:5; 97:15; 99:17,24; 100:3; 113:7; 115:4, 16; 126:7; 153:3, 12; 154:1; 170:20; 175:25; 179:18; 185:17; 194:7 Hutchinson [1] 9:5 Hygiene [3] 1 8 6 :1 9 ,1 9 1 :6 ,8 hygienist [3] 92:3; 172:4, 8 --I-- I've [2] 7 2 :1 3 ,2 5 idea [14] 30:9; 41:17; 42:5; 90:16; 91:13; 105:12,21; as > _____________ _ 106:12; 107:6; 113:2,10; 121:11; 142:8; 159;22 identical [1] 127:3 identically [1] 163:19 identification -[9] 8:3; 76:24; 95:4; 113:24; 117:11; 118:4; 123:16; 126:12; 129:13 identified [2] 24:11; 183:21 Identify [1] 73:16 Identify [7] 8:19; 73:2; 86:13; 93:5; 106:21; 108:23; 112:19 identifying [1] 126:17 identities [1] 128:4 identity 12] 72:7; 129:8 Illinois [2] 18:14; 40:25 illustrated [1] 183:5 illustration [2] 70:21; 188:19 im m ediate [7] 18:20: 23:14. 22; 25:12; 27:9; 34:9; 87:16 im m ediately [3] 29:5; 91 ;5, 7 im plem entation [1] 188:5 Im p ortan t [1] 175:16 im p ortan t [2] 189:25; 190:23 im posed [1] 99:8 impression [1] 176:7 im prove [1] 152:8 In-house [1] 132:10 in-house [3] 131:11,16; 132:1 inappropriate [1] 117:1 Inc [7] 11:14; 2 4 :1 5 ,1 8 . 20; 114:1; 127:12; 130:7 Inches [7] 43:20; 44:15; 77:13, 19,20; 189:9 include [4] 22:1; 58:8; 69:12; 83:23 included [4] 59:16; 69:14; 98:1; 174:5 includes [1] 114:16 incorporate [1] 191:2 Incorporated [2] 9:1; 75:25 incorporated [1] 169:23 incorrect [2] 59:16, 17 increase [2] 33:10; 184:9 Indiana [2] 16:15; 17:3 indicate [1] 125:8 indicated [1] 8:7 Indicating [9] 7 7 :1 6 ,2 1 ; 94:11; 126:8; 163:23; 164:21; 184:20, 25; 189:6 indicating ]4] 4 4 :9 ,1 1 ; 182:20; 183:10 indications [1] 185:19 individual [4] 48:25; 88:25; 129:19, 23 individuals (5] 35:3; 70:10; 88:2; 103:20; 104:9 Industrial [2] 186:19; 191:8 industrial [3] 92:2; 172:4, 8 Industries [16] 9:8; 12:21; 13:10; 14:5; 1 2 7 :8 ,1 2 ,1 6 ,1 9 ; 129:17; 1 3 0 :2 4 ,1 3 2 :1 ,7 , 13; 172:7,10,23. inform ally [1] 72:11 inform ation [23] 38:24; 81:17; 103:13; 120:12; 127:1, 5 ,6 ; 128:3; 131:12; 132:2; 133:18; 139:9; 140:25; 142:5; 146:18; 1 5 5 :7 ,1 1 .1 8 ; 172:23; 173:9; Book vs. Asbestos Dfts' (BHC) Craig Mountz 2/8/00 175:2; 176:8; 193:20 inform ing [1J 62:14 Initial [2] 96:15; 97:19 initialed [1] 72:7 initials [2 ] 70 :1 1 ;1 25 :7 inner [1] 1 0 0 :2 2 inquired [1] 11:3 inquiries [1] 173:12 inside [4] 21:2; 56:19; 18120184:24 install [2 ] 82:1; 190:8 installation [1] 190:2 installed [1] 82:14 instance [1] 175:13 Institute [3 ] 92:10; 186:13, 16 institution [1] 18:4 institutions [t| 186:22 instru ct [1] 128:17 instructed [1] 63:3 Instructing [2 ] 128:24; 129 6 Instruction [1] 124:16 instruction [15] 26:17; 68:2270:14; 73:15; 80:11; 11312116:1; 118:23; 123:25; 124:17; 125:4; 148:12; 176:2; 190:11, 13 instructional [6 ] 1 9 0 1 8 192:1, 3, 7 .1 7 Instructions [1] 175:17 Instructions [19] 56:13; 7318- 79:22; 103:8; 115:12, 23, 123:19; 125:22; 142:22; 163:13- 176:14; 177:21; 178:10,18179:7,15; 185:18; 190:23 instrum ents [1] 51:3 insulation [2] 137:15, 20 insurance [4 ] 105:7, 8 ,1 9 intends [1] 53:22 intention [1] 62:18 interchangeably [1] 6 8 :1 2 interest [i] 60:4 interests [1] 128:5 internal [i] 137:11 Internally [1] 192:21 intern ally [3 ] 56:24; 137-17192:19 interpose [2 ] 56:9; 1 15:4 interrogatories [2 ] 9:25; 1 1 3 introduced [ij 1 3 9 :4 inventories [1] 145:16 inven to ry [4] 91:9; 1 4 3 :1 0 ,1 6 21 Invoice [1] 112:25 involved [12] 20:13- 31132:23; 33:16; 57:2, 7; 96:2; 108:19^109:3; 129:25; 146-4 6 involving [1] 86:15 Irrelevant [1 ] 145:11 irrelevan t [3] 43:22; 5 8 2 3 105:11 issue [7] 59:3; 120:4; 128-21174:16; 186:7; 193:15; 194-15 Issued [2] 9:25; 142:19 issues [7] 56:3, 10, 12; 57*11128:23; 129:21; 172:20 item [2J 51:15; 193:20 item s [6] 42:17; 44:21; 53 6113:1; 161:8; 192:2 iteration [1] 1 9 0 .1 7 --J-- J.P. [1] 40:9 J an u ary [11] 95:24; 96:4, 6 ,1 0 , 15, 20; 97:1, 20; 98:9; 1:07:1; 108:5 Jennifer [1] 8:25 Jim [3] 104:14; 1 4 5 :6 ,2 2 J o b [1] 122:13 jo b [18] 18:9; 19:4; 20:12; 21:19; 23:5,19; 25:20; 26:13; 27:13; 28:15.17; 35:25; 36:1; 42:7; 102:21; 109:16; 167:2,6 jo b s [2] 166:25; 179:17 Jo e [1] 144:21 John [3] 139:18; 146:22; 154:24 Join [6] 113:9; 115:10,16; 153:3; 154:4; 176:10 join [1] 153:15 join ed [2] 1 8 :1 8 ,2 3 joining [1] 171:16 Jones [4J 3 4 :1 0 ,1 1 ,1 2 , 19 jo y [1] 69:3 July [2] 107:25;108:15 ju m p [1 ] 194:3 jum ping [1] 170:17 June [8] 93:2, 3, 5; 95:19; 96:5, 10, 11; 124:19 |jury [1] 13:20 - - K - - Kaiser [2] 9:3 keep [17] 27:12; 28:7; 44:18; 53:15, 16; 56:14; 58:16, 23; 67:15; 108:12; 109:24; 139:13; 143:10; 162:5; 176:13; 184:6,7 keeping [1] 185:4 K em p er [3] 105:6, 9 ,1 9 Ken [1] 90:4 Kendallville [2] 1 6 :1 5 ,1 8 kept [211 41:3; 42:17; 44:21; 48:12; 49:8; 55:20; 56:3; 57:16; 6 1 :1 2 ,1 5 ; 70:25; 81:11; 94:19; 106:12; 107:4,12; 111:12; 119:3; 125:15; 143:21; 146:18 kinds [6] 46:16; 50:13; 135:2, 10; 152:25; 193:24 knobs [1] 158:23. know ledge [66] 31:6, 23; 32:9, 13; 38:15; 48:23; 66:5, 24; 70:6; 72:6; 78:15; 79:13,16; 80:7,17, 2 1 ,24 ; 85:15; 92:19; 93:20; 94:1; 95:15, 20; 98:24; 99:11, 14, 23, 25; 100:16, 20; 102:23; 1 0 7 :2 ,1 1 .2 1 ; 108:8; 110:24; 114:8; 116:19; 117:12, 15; 118:5, 8 ,1 1 ,1 4 ; 123:7:124:3; 127:15, 21; 129:11,19; 130:20; 132:18, 24; 137:5; 139:6; 142:9; 143:9; 148:25; 154:10, 14; 155:1; 159:12; 161:15; 166:2; 170:16; 177:4 know ledgeable [61 12:24, 25; 14:5; 48:7; 127:2; 129:23 Krafsisin [1] 104:25 XMAX(7/J8) - - L-- L-o-o-m -i-s [1] 12:17 La [2] 40:11; 41:22 label [18] 65:12; 66:23; 7:1; 7 9 :1 4 ,1 7 ,2 0 , 23; 8 0 :1 ,2 , 5; 114:20; 148:15,19,24; 149:19 21, 22, 23 labels [4] 56:13; 6 5 :1 ,1 5 , 19 L aboratories [2] 171:8,11 L ab o ra to ry [1] 171:19 Labs [1] 150:16 lacks [5] 99:18; 115:2; 153:12; 179:19; 185:17 L afayette [1] 17:3 language [5] 66:22; 114:18; 115:8; 1 5 0 :6 ,7 Lanny [2] 25:22; 35:1 larg e [9] 41:15, 18, 21; 77:11, 12; 124:14; 136:10; 1 89:5,7 larg er [7] 19:24; 50:3; 52:4, 5; 77:15; 177:17; 189:19 Last [1] 157:22 last [17] 12:10; 13:18; 22:17; 62:2; 95:13; 103:17; 112:8; 114:15; 118:9; 123:1; 140:4,6; 145:22; 146:1; 175:17; 180:23; 191:13 late [3] 96:7; 144:16, 20 lathe [22] 2 0 :9 ,1 3 ; 22:6,14; 23:3; 26:19, 22; 29:22; 30:4, 10; 31:1; 49:19; 52:8; 54:19; 57:25; 58:1; 59:12, 16; 83:13; 84:20; 138:8, 10 lathes [22] 20:6; 21:1; 22:2; 27:3,15; 31:25; 32:6,10,14; 4 5 :3 ,1 3 ,1 7 , 19; 50:14; 51:1, 11, 1 3 ,1 5 ; 74:3; 150:7; 157:6; 191:25 Laurie [1] 110:3 la w [3] 10:12; 13:9; 15:12 law s [1] 15:11 law suit [8] 10:14; 12:14; 13:2, 17; 45:2, 4 ,1 1 ; 59:3 lead [3] 58:24; 127:25; 145:12 leading [1] 1.88:8. leads [1] 135:10 learning [1] 18:4 leave ft] 126:14 leaves [1] 8:17 left-hand [1] 82:11 legal [6] 1 3 1 :9 ,1 6 , 20; 132:1, 3 ,5 Leo [2] 22:16; 23:4 Leonard [2] 82:25; 93:3 Let's [13] 52:1, 7; 53:20; 76:19; 86:10; 109:24; 113:20; 115:18; 117:4; 123:12; 126:13; 151:12; 187:21 let's [9] 53:21; 108:12; 117:9; 123:13; 131:17; 135:5; 138:12; 143:10; 145:4 letter [27] 11:16; 82:24; 83:21, 25; 84:3, 13; 85:12; 88:3; 93:2, 5 . 6 , 7 , 9 ,1 2 ; 94:25; 105:4; 1 0 7 :8 ,1 0 ,1 1 ,1 9 ,2 2 ; 108:1; 110:3,12, 16, 23 letterhead [1] 105:5__________ From identical to letterhead m l BSA Book vs. Asbestos Dfts* (BHC) Craig Mountz 2/8/00 _____________________________XMAX(6/39) letters [2 ] 105:23; 145:5 150:18; 163:19; 169:25; 176:4, m ark [7] 113:14; 117:9; 118:1; mind (2] 15:6; 127:9 letting [3] 152:21; 184:14; 13; 178:25; 181:18; 184:3; 123:12,13; 126:7 minds (1] 97:25 185:7 185:21 m arked (30] 1 1 :1 0 ,1 6 ,1 8 ; m inute (1] 34:25 , level [2] 9 1 :4 .1 8 m achines [42] 52:12, 13, 16; 37:17; 38:1; 46:25; 62:4; 66:7; minutes [1] 141:14 levels [1] 98:24 59:7, 18, 22; 6 0 :7 ,1 1 ,1 3 , 17, 7 6 :1 7 ,1 8 , 20, 24; 77:18; 92:20; mishearing [1] 21:15 liability (1) 105:8 24; 70:7; 71:18; 72:9,19; 74:13, 93:13; 94:25; 95:4; 105:4, 23; missed [1] 174:17 librarian |3] 1 1 1 :1 5 ,1 8 ,1 9 20; 75:2; 84:23; 90:23; 91:9,15; 106:11; 108:13; 112:17; 113:22, Missouri [1] 140:3 lib ra ry |2] 1 1 1 :6 ,2 0 96:19; 103:14; 119:21; 120:1; 24; 117:11,25; 118:4; 123:16; misspellings (1] 15:20 licensed f1] 131:5 1 3 0 :5 ,2 1 ,2 5 ; 131:7; 133:1; 126:12; 170:10 Misstates [4] 21:5; 38:12; licensing [1] 132:15 140:13; 145:16; 146:11,15; m arket [4] 142:16; 156:6,19; 46:17; 168:20 life [3] 101:11; 1 6 7 :20,22 14 7 :4 ,2 5 ; 169:2; 174:9; 180:10, 159:24 misstates (6] 57:18; 74:22; lifts [1] 20:6 15 m ask [2] 168:14,18 97:16; 152:9; 188:9, 10 Light [1| 163:2 m achining [1] 29:9 massive [1] 119:15 m istakes [1] 15:20 lighter [2] 158:25; 159:2 m agnitude [1] 94:13 m aster's (1j 18:6 Mitchell (2] 104:16,18 lim it [1| 45:20 m ailing (1] 41:4 , Material [2] 180:19,22 Model [16] 52:10; 55:2; 75:11; lim ited [5] 58:9; 59:7; 60:23; M ainly [1] 21:2 m aterial (4] 43:15; 44:17; 99 :1 0 ,1 1 ; 100:8; 102:16; 132:19; 155:10 m ainly [1] 46:5 121:7; 190:1 107:15, 16, 21; 114:25; 138:23; limits [3] 99:4, 8; 109:8 m aintain [6] 62:6; 115:13; M aterials [1] 186:13 148:13; 176:18 Line [1] 115:25 116:6; 149:12; 155:24; 180:19 m aterials (8] 42:20; 43:25; m odel [21] 52:2, 3; 55:10,11, line (7) 50:23; 56:10; 58:9; M aintained [2] 9 9 :1 0 ,1J 57:16; 1 1 1 :6 ,1 2 ,2 4 ; 112:4; 17; 69:12, 13, 20, 22; 70:1; 114:15; 115:25; 116:5; 148:4 m aintained [13] 99:14,19, 21; 178:13 72:13, 14, 18; 76:1; 99:14,1.9, Line-Up [1] 8:22 100:8, 11; 102:16; 103:11,12; m atter [6] 9:17; 11:1, 9; 12:15; 21; 136:5; 159:6; 164:% lines [5] 33:1; 50:17; 52:9; 114:3; 139:7; 155:21; 160:17; 13:1; 82:11 m odels (6] 70:23; 138.22; 58:16,18 186:3 m atters [1] 9:22 162:8, 11, 15; 163:23 list [4] 34:23; 51:18; 155:22, 24 m aintaining [7] 61:3; 111:16; m attress [1] 65:20 m odified [1] 189:18 listed [2] 54:24; 181:9 132:8,15; 143:16; 147:10; m axim um [1] 114:17 m o m -and-pop [1] 101;16 lists [1] 147:8 180:21 M ay [1] 107:9 m oney [1] 94:12 litigation [8] 10:13; 12:15; 13:5; m aintains [2] 11:1:6; 149:9 M cGrath [2] 104:14; 145:6 m onth (1] 38:17 84:7; 119:17; 128:23; 173:20; m aintenance [11] 61:19; 62:10; m ean (16] 33:18; 53:1; 56:19; months [2] 112:7; 140:7 174:2 114:16, 2 1 ,2 4 ; 115:24; 116:16, 63:22; 64:15; 72:2,6; 78:21; morning [3] 11:21; 69:5; lived [2] 12:3; 41:8 17, 20; 170:11;190:3 98:7; 108:17; 120:25; 123:21; 116:13 Locally [1) 13:11 m an [1] 87:13 128:7; 132:5; 134:21; 168:3 Morrison [8] 82:25; 85:3; locate [3] 46:24; 48:3; 76:11 m an agem en t [1] 35:19 meaning [1] 102:18 86:20; 88:3. 9, 18; 93:3; 104:15 located [8] 18:13; 39:24; 40:13; m an ager [15] 23:6, 17; 26:14, Means [1] 110:9 m ostly [1] 22:3 49:6; 89:7; 135:17; 157:11; 24; 2 7 :1 .1 5 ; 28:2; 32:12; 34:6; means (5) 42:20; 100:20; M otor [1] 138:6 160:11 35:11, 12, 14, 24; 36:12; 134:16 123:23; 125:5; 189:4 m otor [19] 67:12; 1 3 6 :2 ,4 ,5 , location [5] 4 0 :3 ,1 3 ; 61:9; m anagers [3] 28:23; 35:16; m ean t [2] 56:12; 151:1 8,12,17; 137:7,8,11,12,16; 111:12; 129:13 36:13 measuring [1] 51:3 138:5,16; 15 9 :3 ,4 , 8; 189:6 Lockheed [2 ] 152:14; 153:8 M anila [1] 50:6 m echanic [5] 1 6 6 :1 3 ,1 8 ,1 9 , M otors [2] 9:6; 135:3 log [1] 10:17 m anila [1] 50:3 20; 191:16 m otors [3] 135:4, 8 ,1 5 logo [4] 7 8 :1 0 ,1 1 .1 2 m an ner [3] 113:15; 182:21; M echanical (1] 17:5 m ount [1] 73:25 Looks 11} 106:17 185:21 m echanical [1] 17:6 m ounted [2] 81:20,21 looks [4] 108:13; 124:15; m anual [5] 114:23; 115:12; mechanism [1] 164:9 m ounting (1] 136:9 149:5; 158:9 116:1; 121:3; 123:19 m dical (2] 172:11,15 M O U N TZ [1] 9:12 loom ing {1] 162:6 L oom is [1] 12:16 m anuals [9] 26:17; 68:22; 70:15; 80:11; 113:13; 118:22, m edication [1] 16:5 m eet [2] 91:6; 128:19 M ountz [5] 9:19; 48:15; 85:19; 110:4 loose [1] 182:22 23; 119:3; 148:12 meeting [2] 8:11; 151:23 m ove [5] 40:6; 93:1; 105:3; Loss [7] 86:15, 21; 87:3; 93:8; m anufacture [6] 30:14; 60:10, meetings (2) 57:8; 152:3 116:25; 117:4 94:15; 105:4,18 1.2; 137:23; 157:25; 189:19 Melvin [1] 29:15 moved [6] 28:5; 4 0 :2 ,4 , 25; Loss's [1] 106:23 m an ufactured (14] 65:16; 72:1; m em ber [8] 1 8 6 :1 3 ,1 5 ,1 8 ,2 1 ; 55:21;85:13 lost (1] 41:9 75:12,14; 79:17; 101:4,9; 1 8 7 :4 ,6 ,1 1; 191:5 moving {4] 53:17; 60:4; 67:15; lot [71 21:20; 43:19; 59:3; 113:2; 121:15; 130:10; 135:15; m em bers |1] 155:6 109:24 101:15; 103:18; 157:12; 194:10 138:1; 143:2; 147:18 m em bership [1] 187:18 MR [325] 8:4, 21; 9 :2 ,7 , 9; lots [1] 36:20 m a n u fa c tu re r [7] 101:1; m em o [3] 62:12; 120:4, 8 ;10:8, 11:6; 13:3,22; 14:19, 22, low er [2] 80:13:113:25 121:12; 134:24; 136:19,25; m em ory [2] 34:24; 39:4 23; 17:23; 19:20; 20:21; 21:5, lum p [1] 1B6:11 143:7; 146:14 m ention [1] 188:22 13; 22:8; 2 4 :9 ,1 4 ,1 9 ; 28:9; C lunch [7] 5 3 :1 0 ,1 6 ; 68:25; m anufacturers [4] 81:4; 135:1; m entioned [5] 35:1; 46:14; 29:8, 23, 25; 31:2, 9, 15; 32:3, 69:2; 8 5 .2 4 ,2 5 ; 113:11 152:25; 167:12 93:22; 98:6; 144:18 19; 33:8, 12. 17, 24; 35:7, 18; M anufacturing [1] 147:20 m etal [3] 77:14; 181:22; 183:1 36:8; 3 7 :4 ,1 0 ; 3 8 :5 ,1 2 ,2 3 ; m anufacturing (38] 20:3; m etallic (1] 182:1 40:14, 18; 4 2 :2 ,1 4 ,2 2 ; 43:13, M -o-u-n-t-z (1) 9:20 M .E.T. [1] 17:17 m achine (39] 50:16; 59:9, 11, 15; 6 5 :3 ,1 2 ; 66:7; 6 7 :3 ,7 ,1 1 , 19; 68:12; 69:19; 70:3; 75:4; 81:22; 82:12; 96:13; 116:21; 122:2,5:128:13; 130:1,11; 133:6; 134:2; 137:21; 146:22; 30:16,19, 22; 31:1,17,22,24; 32:6, 10.14. 25; 33:7,16; 40:12; 41:25; 6 0 :6 ,1 6 ,1 7 ; 70:17; 71:10; 85:10; 104:15; 128:12, 21; 139:13; 141:20; 1.44:1,16, 24; 145:4, 9; 146:7; 147:14,16, 23; 148:18; 181:5 M arathon (1] 135:16 m ethod [1] 55:12 Michael j i j 8:4 m icroscope [2] 92:17 mid [3] 21:17; 22:13; 23:1 m iddle [3] 152:16; 159:9; 163:24 miles [1] 40:24 million [11 42:10 117, 21; 44:7, 11 ,24 ; 45:8; 46:1, 17; 47:22; 48:6; 50 :4 ,1 9 ; 51:7, 14, 20; 52:1; 53:13, 20; 56:9, 18. 125; 5 7 :5 ,1 2 ,1 8 ; 58:11,15; :59:12, 23; 6 0 :1 ,3 ,6 , 9 ,1 0 ,1 2 , 20; 61:16, 21; 62:1, 20, 22, 25; 63:14, 18, 21; 64:14; 65:6,21; 66:16; 67:16; 68:1, 17,24; From letters to MR , s __________________ _-- .-- Book vs. Asbestos Dfts' (BHC) Craig Mountz 2/8/00 69:17; 7 1 :6 ,1 1 ,2 1 ; 7 2 :2 ,1 0 , 84:1, 6 ,1 0 ; 85:22; 86:4, 5 ,1 0 , North ]7] 18:14; 39:24; 40:2, 23; 73:5,10.16; 74:5,15,16. 24; 87:2; 90:2; 92:2,23; 94:3; 13,22; 85:17; 89:8 21; 76:16; 77:6; 78:2; 7 9 :4 ,6 , 8, 9 5 : 5 ,1 3 ; 9 7 : 1 .3 ,1 0,25; 98:14; note [2] 59:6; 71:15 12; 82:20; 83:23; 84:5; 85:19; 99:6, 9 ,2 2 ; 100:2,12; 101:18; - noted [2] 54:6; 188:3 86:9, 23; 89:25; 91:24; 92:22; 102:1,7,10, 23:103:3,6,17; notes [12] 44:20; 46:15; 93:18, 93:24; 95:1, 8; 96:2 1 .2 3 , 24; 105:13,17; 106:10,14, 20; 21; 94:4; 9 5 :6 ,1 4 ,1 6 ; 112:17, 97:2, 9 ,1 5 , 23; 98:8; 99:5,16, 107:7; 109:23; 110:8,11, 21; 1 9 ,2 2 1 7 ,2 4 ; 100:3; 101:13,22; 102:6, 111 :5 ,1 1 ; 112:3; 1 1 3 :1 1 ,2 0 ,2 5 ; N otice [14] 1 1 :1 1 ,1 2 ,1 3 ,1 5 ; 19; 103:2, 5,16; 105:10,15; 115:11,18,22; 116:4,10,15; 37:18; 38:18; 47:25; 54:5; 71:3; 1 0 6 :7 ,1 3 ,1 7 ; 107:5; 109:18; 117 :4 ,1 2 ,23 ; 118:1, 5 ,2 0; 119:8; 126:25; 129:16; 146:3; 110:7, 9 ,2 0 ; 111:1,8; 112:1; 120:13, 21; 122:23; 123:11,18; 173:14 113:7, 9; 115:1, 4 ,1 0 ,1 5 ,1 6 , 124:13, 24; 125:3,15; 126:3, 6, notice [4] 8:5; 48:5; 58:13; 20; 1 1 6 :2 ,8 ,1 2 ,2 2 ; 117:19,25; 9 ,1 3 ,1 6 ; 123:2, 9, 16,24; 194:14 118:19; 1 2 0 :1 1 ,1 4 ,1 7 ; 122:19; 129:3, 8; 130:3, 20; 131:11,23, notices [1] 142:18 124:10,22; 125:1,14; 126:5,7, 25; 1 3 2 :7 ,1 1 ,1 3 . 24; 133:4, 8, notified [1] 38:22 15; 127:24; 1 2 8 :6 ,1 1 ,1 9 ; 1 0 ,1 6 ,2 1 ; 134:3,23; 135:8,14; N ovem ber [5] 110:4; 120:25; 1 2 9 :1 ,4 , 24; 130:15,18; 131:8, 141:1 9 ,2 3 ; 143:19, 25; 144:5, 121:5; 123:22, 24 1 9 ,2 1 ; 1 3 2 :3 ,1 0 ,2 2 ;1 3 3 :2 , 7, 8; 145:14, 23; 146:2, 6; 148:7; nozzle [3] 182:23, 25; 183:25 14, 20, 25; 134:20; 135:6; 149:2, 24; 150:2, 21; 151:15, 22; num ber [30] 11:19; 31:3; 33:1, 141:18,21; 143:18, 22; 144:3,7; 152:2, 1 2 ,1 9 ,2 1 ; 153:7, 17, 25; 2 ,1 0 ,1 6 ; 49:21; 50:2; 5 5 :6 ,1 0 , 145:11,25; 148:6; 149:1, 2 2 ,2 3 ; 154:6, 19; 15 5 :1 ,6 , 9 ,1 4 ,1 7 ; 1 1 ,1 3 ,1 5 ,1 6 ,1 7 ; 69:12; 70:1; 150:1,19; 151:10,19; 152:1,9, 1 5 6 :1 0 ,1 4 ,1 7 ; 159:19, 23; 71:18; 72:15; 76:1,10; 109:25; 17,20; 153:1,3,12,15,22; 160:9, 22; 161:1, 3 ,7 ,1 1 ,2 4 ; 114:14; 126:10; 129:15; 141:9; 1 5 4 :1 ,4 ,1 8 , 21; 155:4,8, 12. 162:7,22; 163:8, 15; 164:5,15; 146:24; 150:8; 155:18 16; 1 5 6 :9 ,1 2 ,1 5 ; 159:15,21; 165:2, 14; 166:2, 20; 167:24; num bered [1] 94:6 160:8, 19, 25; 161:2, 5, 9; 162:1, 168:5,22; 1 6 9 :4 ,1 5 ,2 3 ; 170:8, num bers [14] 31:23; 49:25; 3, 6, 21; 163:6,12; 164:2, U , 16, 22; 172:3; 173:3, 24; 174:6, 52:2, 4; 54:24, 25; 69:13, 20, 22; 13, 23; 165:1,13, 25; 166:17; 13,15,21; 175:6,11,15; 72:14,18; 77:18; 104:24; 123:20 167:22; 168:3, 20; 169:1, 13, 20; 1 70:4,13,19,20; 171:20,23; 172:1,25; 173:22; 1 7 4:3,11,14, 18; 175:4, 9, 24, 25; 176:10,15; 177:9,23, 25; 178:12; 179:5,11, 18, 23; 180:11,16; 181:11, 15; 185:13, 17; 186:8, 24; 187:14, 23; 188:2, 9; 190:17; 191:23; 192:12, 14; 193:18; 1 9 4 :3 ,7 ,1 5 M r [72] 8:17; 24;22; 25:6, 14, 18; 2 6 :1 ,1 0 .1 1 ; 27:5, 9,14; 28:6; 3 4 :1 1 ,1 8 .1 9 ; 35:23; 36:2, 4; 39:18,20; 42:6,12; 43:1,25; 45:17,18; 47:7 ,1 1 ,2 2; 48:15; 6 1 :1 7 ,1 9 ,2 5 ; 62:12; 66:14; 67:25; 81:16; 85:3,19; 86:2,20; 8 7 :8 ,1 6 , 2 2 ,2 4 ; 88:2, 3, 9, 12, 17. 24; 89:3; 93:3; 105:13; 107:9,19; 110:4; 117:18; 122:15; 133:11; 141:6; 142:3; 145:23, 25; 154:17,19 MS [327] 8 :1 8 ,2 3 ,2 5 :9 :1 4 ,1 5 . 21; 1 1 :1 ,9 ; 13:4,23; 14:25; 17:24,19:21; 20:22; 21:7,14; 22:10; 24:10,18,22; 28:11,14; 29:11, 24; 30:2; 3 1 :5 ,1 3 ,1 8 ; 32:4, 25; 33:10, 15, 20, 25; 35:9, 25; 36:15; 37:8,14; 38:11,14; 39:2; 40:15,19; 4 2 :4 ,1 8 ,2 4 ; 4 3 :1 4 .1 8 , 24; 44:9, 14; 45:3, 15, 23; 4 6 :3 ,2 0 ; 47:24; 48:21; 50:7, 22; 51:10,18, 22; 52:3; 53:18, 25; 56:15,21; 57:3,9, 14,22; 5 9 :6 ,1 3 ,2 4;.60:5,18,21; 61:14, 18, 23; 62:2; 6 3 :3 ,1 6 ,1 9 ,2 4 ; 64:17; 65:9, 22, 25; 66:5,18; 67:18; 68:2; 69:3,4, 21; 71:8, 15, 25; 7 2 :4 ,1 2 , 25; 73:7, 12; 74:12,17, 25; 76:25; 77:8,10; 78:4, 6; 79.2, 5, 10 ,13 ; 82:23; 176:11,17; 177:11,20,24; 178:1, 14,17; 17 9 :9 ,1 3 ,20 , 25; 1 8 0 :1 3 ,1 8 ,1 8 1 :1 2 ,1 7 ,2 1 ; 185:14,23; 186:12; 187:3,16, 2 1 ,2 4 ; 18 8 :1 ,4 , 12; 190:19; ' 191:24; 192:13, 16; 193:14, 21; 194:5, 8, 9, 13 Ms [2] 86:2; 110:14 m ultiples [1] 145:1 m yself [2] 8:11; 97:8 - - N - - N -e-w -t-o-n [1] 141:5 nam e [31] 9 :1 5 ,1 8 ; 12:14; 13:9, 13; 14 :1 2 ,1 3 ; 18:20; 19:21; 22:17; 27:21; 29:14; 50:14; 78:14; 83:12; 104:18; 119:1; 120:20; 131:1,13; 132:2, 16; 141:4; 143:7; 144:17; 145:22; 148:22; 180:23,24; 181:6; 193:2 n am es [10] 4 6 :7 ,1 0 ; 50:10; 87:19; 103:19; 104:24; 136:25; 167:11,12 narrative [1] 42:15 National [15] 86:14, 21; 87:3; 92:9; 93:8; 94:15; 105:4, 18; 106:23; 110:15; 150:16; 187:4, 9, 1 1 .1 8 nature [1] 107:3 Navajo [1] 12:1 needs [1] 95:18 , negotiated [2] 4 8 :1 7 ,1 8 New ton [3] 141:3; 142:3; 193:7 Nine [1] 36:25 NIOSH [3] 92:1 0 ,1 4 ; 99:8 N o bo dy [2] 154:16; 175:6 n ob od y [1] 139:10 N o rm al [1] 44:16 norm ally, [i] 36:5__________ num erical [1] 55:15 - - 0- - o'clock [1] 162:6 oath [1] 15:10 O bject [2] 153:12; 185:17 object [5] 8:13; 99:17; 154:1; 170:20; 175:25 Objection [2] 113:7; 179:18 objection [18] 8:13; 9:24; 33:12, 24; 56:9,25; 57:12; 59:2; 97:15,24; 103:5; 115:5; 128:12; 143:22; 153:3,16; 154:23; 174:3 objections [10] 11:14; 105:15; 115:15; 144:3; 153:22; 155:8, 16; 159:21; 161:9; 179:23 observes [1] 115:7 obsolete [6] 71:1; 125:19, 21, 25; 126:2; 150:5 obtain [3] 17:14; 18:9; 109:13 obtaining [1] 96:1 obviously [1] 129:18 occasions [2] 14:25; 166:6 O ccupational [1] 92:10 occupational [3] 56:16,24; 171:4 occur [1] 14:7 occurred [4] 13:15; 14:2; 36:19; 127:22 occurring [1] 8:9 o ffe r [4] 128:15,16; 129:1, 5 offered [2] 74:9; 172:13 o ffhan d [1] 108:10 O ffice [1] 85:14 o ffice [7] 11:5; 41:25; 4 3 :2 ,4 , 25; 48:8; 135:24 o ffic er [1] 91:18 officers [1] 23:21 officorial [1] 91:17 Oh [5] 25:25; 69:3; 105:25; _________________ XMAX(SrtO) 122:14; 167:8 oh [11 24:7 O hio [4] 8:10; 1 7 3 :4 ,1 2 ,1 6 O k a y [2] 19:23; 34:4 o k a y [3] 94:14; 154:22;i162:2 o kayed [1] 94:13 old [14] 40:22; 41:12, 15; 81:16; 8 5 :1 2 ,1 4 ; 89:9; 100:15; 167:18; 169:12; 177:19; 183:8 9 ,1 2 o ld e r [4] 45:6; 164:9; 183:1; 184:3 ones [1] 97:2 o perate [2] 6 7 :7 ,1 0 operating [8] 115:12,25; 123:19; 142:22; 176:1; 180:10; 185:18, 20 o peration [3] 41:10; 8 9 :1 5 ,1 7 o peration s [3] 3 0 :1 7 ,1 9 ,2 2 opinion [1] 99:18 opp ortu nity [1] 172:14 oppressive [21 115:9; 176:9 o ral [1] 151:8 o ranges [1] 115:3 , O rd er [3] 10:1, 3; 11:2 o rd er [11] 25:21; 55:15; 67:17; 71:13. 23; 175:19, 21; 176:4, 8, 14; 193:19 o rd ered [2] 88:12; 113:1 o rd in a ry [1] 48:12 organization [1] 187:6 org an izatio ns [1] 191:11 organized [5] 29:2; 42:10; 56:5: 57:10; 113:15 origin [1] 125:11 original [17] 41:4; 55:20; 63:12, 19; 6 4 :1 ,3 , 9; 69:25; 70:6, 23; 72:14; 78:7, 22; 106:15; 146:5; 165:11; 169:6 o rigin ally |2] 42:19; 113:3 originals [1] 124:16 O S H A [16] 91:4: 9 6 :6 ,8 ,1 4 , 19; 98:18, 21, 23, 24; 99:7; 1 0 9 :7 ,1 1 ,1 7 ,2 1 ; 170:23; 171:4 ours [3] 158:4, 9; 159:11 O utside [1] 57:9 outside [11] 10:10; 20:25; 21:3; 58:6; 61:9; 118:18; 148:24; 150:10; 155:3; 166:7; 192:20 o utsou rce [1] 138:2 outsourced [1] 101:5 O verb ro ad [10] 31:2; 42:14; 46:1; 74:5; 92:22; 93:24; 102:6; 109:18; 133:2; 169:1 overbroad [12] 44:24; 46:18; 74:22; 109:19; 115:1; 116:24; 117:2; 133:14; 150:19; 153:14; 154:3; 179:19 oversee [2 ] 50:18; 51:13 oversized [2] 1 0 2:17,18 ow n ed [3] 127:11; 132.19, 21 ow ns [1] 127:16 --P -. P.M. [1] 86:1 p.m . [3] 8:7; 85:25; 194:17 p ac k a g e [2] 140:21; 191:19 p ackagin g [1] 149:5__________ From Mr to packaging BSA Pag e [26] 54:7; 94:24; 99:4, 5; 1 0 0 :9 ,1 3 ; 102:15; 103:6; 114:14; 115:25; 120:21; 122:14; 137:4; 152:13; 165:2; 174:6; 175:16; 176:17; 181:7; 184:21; 185:9; 189:8, 22. 23; 190:19 p ag e [27] 21:11; 7 3 :2 0 ,2 3 ; 88:24; 94:6.11,17; 103:17,19; 106:4; 112:23; 1 1 8 :9 ,1 2 .1 5 ; 123:12, 20; 152:16; 164:22, 23; 174:24; 175:15,17; 181:10; 190:12,13,14, 23 P a g e ; [1] 95:6 p a g e ; [9] 76:17; 9 5 :6 ,1 4 ,1 6 ; 10 7 :8 ,1 0 ; 116:15; 137:3; 147:8 painless [1| 51:25 paint [3] 146:14; 1 4 7 :6 ,2 2 pallets [1] 148:21 p ap e r [2] 6 3 :1 0 ,2 3 paragraph [3] 103:7; 189:24; 190:6 paralegals [1] 132:14 paralleling [1] 27:13 parent [2] 128:14, 22 P a rt [6] 1 8 3 :1 8 ,2 1 ,2 5 ; 189:8, 1 6 ,1 8 p art (43] 24:11; 59:7; 70:1 1 ,1 4 , 19, 20, 22; 71:5, 9; 72:8; 74:8; 76:4, 5; 77:20; 7 8 :1 1 ,1 2 ; 84:25; 92:12; 101:6; 116:20; 121:12, 14; 122:9; 126:1; 129:20; 134:25; 136:16; 142:19; 150:8; 153:13; 154:2; 1 6 3 :2 0 ,2 1 ,2 2 ; 164:3; 165:22; 166:4; 172:15; 175:8; 181:5; 182:20; 184:8; 189:22 partially [1] 181:25 participate [1] 8:15 parties [1] 9:10 Parts [1] 183:5 parts [23] 32:23; 71:20; 80:17, 18; 81:5, 8; 102:5.13; 108:23; 126:19; 134:11.15,18; 135:1.2; 137:23; 138:1, 4, 7; 150:24; 151:17; 182:7; 193:15 pass [1] 141:49 passed [3] 27:18; 35:22; 110:23 p atent [2I 1 3 3:12,18 patents [4] 132:25; 133:4,19; 134:1 patient [1] 194:10 Paul [8] 9:7, 9; 37:13; 38:9; 1 4 5 :2 2 ,2 4 ,2 5 p ayable [1] 129:15 p en alty [1] 15:10 pending [4] 20:21; 43:23; 155:12, 13 pension [1] 129:15 People [1] 31:22 people [27] 29:22; 30:3, 9 ,2 0 , 25; 31:21, 24; 32:5, 9 .1 3 , 20, 23; 33:2,6; 36:12; 72:7,8; 87:15;88:14; 112:14; 117:21; 120:4; 152:7; 155:22; 169:8.25; 178:24 p ercent [2] 84:24; 85:1 percentage [4] 20:12; 41:24; Book vs. Asbestos Pits* (BHC) Craig Mountz 218/00 84:19, 21 perform ed [8] 108:4, 9; 121:18; 167:2, 6 ,1 3 ; 188:13; 189:15 perform ing [2] 109:20; 179:16 period [9] 22:7; 23:15; 26:21; 27:2; 31:4; 35:4; 36; 17; 59:21; 143:4 perjury [1] 15:10 perm anent [i] 74:8 Person [1] 12:2.5 person [2 6 ] 12:23; 14:5; 23:24; 25:17, 23; 27:21; 34:18; 44:2; 4 8 :4 ,6 ; 95:17; 104:19; 112:8; 120:6, 9; 124:12; 127:1, 2, 7; 129:19, 23; 134:7; 145:17,18; 192:23 person's [2] 111:21; 193:2 personal [17] 62:7; 92:19; 93:20; 94:1; 95:20; 107:2,11, 21; 114:8; 116:19; 118:8; 123:7; 124:3; 167:7, 8, 20, 25 personally [5] 62:17; 109:16; 1 6 8 :1 ,4 ,6 persons [3] 36 :4 ,1 5 ; 156:2 pertaining [2] 71:18; 128:3 pertains [2] 57:24; 190:23 Pete's [1] 8:21 phase [1] 92:17 phased [1] 112:6 phone [2] 104:24; 141:9 photo [1] 77:1 photocopy [1] 64:6 phrase [1] 100:20 phrased [1] 98:5 physical [2] 41:5; 43:1 physically [1] 81:24 picture [5] 67:19; 148:12; 164:17; 183:15; 184:20 pictures [2] 7 6 :1 1 ,1 5 piece [4] 2 1 :2 1 ;6 3 :1 0 ,2 3 ; 126:1 pieces [2] 40:4; 94:22 place J4J 49:7; 82:16; 164:19; 177:19 placed [4] 64:22; 6 5 :2 ,4 ; 148:14 places [2] 47:15; 190:7 plain [1] 149:18 P lain tiff [1] 9:16 P la in tiffs [12] 8:2; 11:15,16; 37:18; 72:4; 76:23; 95:3; 113:23; 117:10; 118:3; 123:15; 126:11 Plaintiffs [1] 10:5 planning [1] 83:10 plant [13] 40:22; 4 1 :6 ,1 2 ,1 5 ; 56:19; 8 5 :1 1 ,1 2 ,1 4 ,1 7 ; 89:9; 139:10; 141:12 plants [3] 4 0 :1 6 ,1 7 ,1 9 plastic [17] 100:22, 23; 101:2, 9 ,1 1 ,1 9 ; 102:5; 165:22; 166:4; 177:17,22; 178:2, 4 ,1 9 , 21; 179:2; 182:6 Please [1] 60:5 please [6] 9:17; 11:24; 34:23; 75:13; 162:18; 177:2 Plug [1] 120:22 plug [12] 121:7,19; 123:12; 1 8 4 :5 ,6 ,1 5 ,2 5 ; 185:9; 188:5, 6, 13, 18 plugging [1] 53:15 Point [2] 116:10 point [9] 25:2; 68:3; 7 4 :1 2 ,1 9 ; 98:1; 164:7; 175:17,22; 177:2 pointing [1] 77:17 points [1] 190:15 policies [2] 1 7 0 :8 ,1 0 policy [12] 49:10; 55:1; 62:10, 1 3 ,1 5 ,1 9 ; 63:6; 142:7; 169:24; 1 7 0 :2 ,3 ,6 polite [1] 79:5 pool [2] 36:14, 16 Poorly [1| 99:10 poorly [7] 99:14, 19, 21; 100:8, 10; 102:16; 103:12 p o r t[i] 182:24 position [5] 25:15; 111:23; 112:6, 8 ,9 possessed [1] 145:17 possession [5] 39:21; 42:13; 71:17; 130:4; 135:23 Post [1] 85:14 posted [1] 168:23 poster [1] 124:15 pre [1] 164:5 pre-existing [1] 98:9 preceded [1] 176:21 predecessors [1] 128:5 preferred [1] 69:4 prelim inary [3] 9:22; 5 5 :6 ,1 2 prem ark [1] 68:25 prem arked [2] 8:2; 11:19 preparation [4] 37:2; 39:5, 9; 106:2 Prepared [1] 117:17 prepared [1] 10:17 preparing [1] 169:18 present [5] 8:19; 86:3; 118:20; 131:18; 192:15 president [5] 23:23; 25:8; 47:8; 112:15,16 presidents [2] 3 5 :5 ,1 3 press [1] 162:4 pressure [2] 181:24; 182:1 Presum ably [1] 44:25 presum e [4] 148:4; 149:14,16; 173:8 Pretty [4] 57:6; 120:2; 1 5 8:4,9 p retty [6] 20:7; 36:13; 58:15; 138:3; 158:7; 187:23 previous [4] 75:3; 76:13; 99:1; 177:5 previously [1] 45:18 Prew itt [1] 25:22 Prim arily (21 23:4; 158:12 p rim arily [8] 2 2 :4 ,5 ,1 4 ; 23:2; 32:17; 45:18; 158:11 print [2 ] 78:3, 5 printed [6] 75:10; 120:25; 121:1,2; 123:22,24 printing [2] 64:18; 78:4 Prior [1] 178:4 prior [21] 11:20; 13:25; 27:2; 76:2; 83:4, 16; 84:7; 97:16; 115:22; 119:17; 122:7; 130:21; 140:13; 144:10; 164:16; 165:15, ___________________ XMAX;iOfrU) 1 8 ,2 3 ; 171:16; 178:5; 182:11 privilege [3] 9:24; 10:17; 38:24 privileged [2] 1 0 :9,20 privileges [2] 10:16; 37:12 problem [2] 71:21; 79:6 procedure [5] 147:6, 7 ,1 1 ; 176:24; 177:1 procedures [1] 179:3 proceed [1] 11:23 process [7] 2 0 :2 ,2 4 ; 30:10; 44; 18; 144:19; 148:18; 184:2 produce [2 ] 71:13; 193:18 produced [26] 11:20; 39:3; 46:24; 54:8; 57:24; 61:4; 71:9; 79:3; 124:14; 126:18, 21; 127:2, 7; 129:20; 134:6; 142:22,24; 150:15; 164:8; 170:9,14; 176:12; 178:20; 185:19; 186:2; 193:16 producing [3] 39:1; 68:20; 71:22 P roduct [4] 18:24; 20:18,19; 21:13 " product [63] 10:16; 19:6, 9, 23; 2 0 :6 ,1 7 , 22; 21:8; 26:17; 30:15; 32:4, 21; 34:6; 35:15; 37:12; 38:24; 45:24; 49:16, 17, 21,25; 5 0 :2 ,1 1 , 1 7 ,23 ; 51:17; 52:9, 16; 53:4; 5 4 :2 ,1 7 ; 55:2, 16,21, 25; 56:6, 8; 57:16; 58:9,16,18; 64:4; 70:21; 71:25; 80:8; 83:11, 13; 84:15, 18, 22; 98:22; 104:21; 108:1; 128:21; 134:15; 148:4; 152:4, 7; 158:21; 162:13 product-specific [1] 57:16 production [5] 19:9; 55:10; 70:16; 71:12; 80:9 products [54] 21:24; 22:1; 26:16; 27:19; 28:20; 31:1; 32:17; 35:23; 40:21; 45:6; 49:19, 20, 24; 50:18, 21; 51:12, 23; 53:2, 9; 54:19; 57:20, 25; 58:1,6, 8,14, 23, 25; 59:2, 4; 64:22; 74:2; 80:22; 1 4 8 :3 ,8 ,10,21;152:15, 25; 15 4 :7 ,1 1 .15 ; 156:11; 158:18; 159:24, 25; 161:16; 162:10; 171:7; 179:22; 191:21, 23; 193:9 profession [1] 34:6 professional [2] 1 6 6 :1 2 ,1 8 program [3] 109:14; 172:15; 191:15 progressed [1] 52:4 Project [1] 21:10 project [21] 19:8; 20:8; 21:9, 1 2 ,1 3 ,1 6 , 21; 22:5, 6 ,1 1 ,1 4 ; 23:2, 3; 26:16; 27:18; 28:16; 29:1; 30:6; 32:8; 33:2; 34:8 projects [6] 26:19; 29:22; 30:4, 10; 33:3; 55:7 prom oted [1] 28:5 promotion [1] 35:15 p ro of [4] 128:15,17; 129:2, 5 proper [6] 114:21,23; 115:23; 116:20; 185:21; 190:2 properly [4] 103:9; 115:13; 116:6; 191:17 proportional [1] 159:19 From Page fo proportional a s A ) *>__________________________ p ro prietary [3] 71:24; 72:3; 193:20 pro tect [2] 37:11; 137:20 p ro tective [3] 71:13,23; 193:19 p ro tector [2] 137:4,5 p ro to col [1] 147:21 pro to typ e [6] 5 5 :8 ,1 3 ,1 8 ,2 1 , 24; 138:19 prototypes [1] 19:8 provide [5] 48:9; 61:16; 79:22; 134:24; 189:25 provided (12] 65:18; 79:19; 81:8; 135:4; 165:22; 169:5; 174:8,25; 177:21; 179:14,21; 180:9 Pruitt |4] 26:1,11; 35:1; 87:22 publications (2J 110:15,17 pulled [3] 8:11; 86:5; 146:4 purchase (1] 143:6 purchased {4] 74:10; 143:20; 155:22,25 purchaser [1] 66:6 Purchasing (1] 147:22 purchasing [3] 81:12; 146:19; 147:22 Purdue [5] 17:3, 4 ,2 5 ; 18:3, 8 purposes [2] 41:4; 168:24 p ursuant [4] 10:1; 62:14; 71:13; 193:19 --0 -- qualified (1)'134:4 Q uality [1] 147:12 q uality [2] 147:3,17 q uantify [2] 189:11,15 q uantity [1] 185:20 q u a rte r [1] 85:23 question [60] 15:22; 20:21; 30:1; 31:8, 9, 12,15; 34:1; 37:1, 4 ,5 .6 ; 38:5; 43:22; 45:16,20; 48:11; 56:22; 62:20,22,25; 63:17; 64:25; 66 :4 ,1 7 ; 67:21; 74:16; 75:13; 79:21; 91:12; 92:12; 9 8 :1 .4 , 8 ,1 2 ; 100:4; 102:11; 106:7; 109:24; 116:23; 117:1, 19; 120:15; 134:3; 136:24; 145:17; 152:20; 153:18, 19; 154:22; 1 5 5 :9 ,1 2 ,1 3 ; 156:15; 164:12; 170:2; 173:15; 177:7; 191:13; 192:15 questioning [1] 48:1 questions [16] 16:11; 31:14; 42:11; 53:8; 56:10; 59:8; 80:12; 109:25; 126:24; 146:10; 177:12, 14; 187:22; 188:1; 1 9 4:6,7 q uick [1] 187:21 q uicker [1] 8:12 quoted [1] 115:8 --R-- R.H. [1] 125:7 raised [1] 53:11 ran [1] 144:17 rarely [2] 21:6; 156:4 rationale [1] 36:6 Raviglloli [2] 156:24; 158:20 Book vs. Asbestos Pits' (BHC) Craig Mountz 2/8/00 ________________________ XMAXQ1M2) R aym ond [1j 93:4 re-call [1] 142:18 re-called (1] 142:16 reach [1] 137:8 read [13] 37:22; 54:6; 62:21; 63:1; 8 4 :3 ,1 2 ; 112:22; 114:23; 115:6; 121:16; 155:15; 174:21; 176:6 Reading [1] 102:20 reading [2] 92:6; 115:17 real [4] 41:9; 58:19; 101:23; 187:21 R eask [1] 156:15 reason [10] 16:8; 30:21; 59:1; 75:8; 68:11; 90:25; 98:16,18; 109:6; 114:5 reasonably [5] 44:25; 58:24; 127:25; 128:7; 145:11 reasons [1] 91:1 rebranded (1] 131:1 rebuilt [1] 113:3 recall [64] 12:14, 22; 13:1, 9, 14; 1 4 :1 ,9 ,1 2 ; 16:6, 22; 18:15, 20; 19:11; 21:7,15; 26:8; 29:14; 35:9; 37:25; 39:8; 41:15; 42:8; 46:3, 7 ,1 0 .1 3 , 20; 64:8 ,1 1 ,2 1; 66:11; 69:21; 72:12; 76:1; 77:25; 80:1; 81:4,15; 83:8; 88:7; 106:16; 135:14; 1 3 6 :1 ,1 5 ,1 9 , 25; 138:1,18,22; 150:16,20; 151:1, 5, 8, 2 0 ,2 2 ; 152:6,11; 156:2; 166:6; 167:11; 168:7; , 191:4; 193:2 receipt [2] 110:16; 190:4 receive [2] 15:18; 76:14 received [4] 8:5; 11:5; 54:5; 62:12 receiving [1] 151:5 recent [2] 12:12; 13:25 recently [1] 119:5 recess [2] 53:24; 187:25 recognize ]2] 93:25; 94:3 recollection [2] 4 3 :1 1 ,1 5 recom m end [4] 110:19,21; 179:25; 180:4 recom m endations [2] 190:6; 191:2 recom m ended [1] 185:12 Record [3] 62:21; 63:1; 155:15 record [15] 8:20; 9:18; 14:19; 24:15; 48:24; 49:10; 50:1; 65:25; 85:20; 95:12; 110:10; 123:17; 156:16; 159:21; 188:2 records [21] 47:23; 48:4; 49:4, 6; 61:3, 4 ,1 5 ,1 7 ,2 0 ,2 4 ; 7S:13; 61 :7 .1 1 ; 101:8; 129:15; 139:7, 14; 140:16,22; 160:17 red [8] 7 8 :1 0 ,1 1 ,1 3 ; 148:5; 158:6, 1 0 ,1 1 ,1 2 redepose [2] 72:5; 193:23 reduced [3] 98:19, 25; 1 0 2 :2 2 ' reduction [1] 109:7 re fe r [7] 33:21; 56:7; 75:17; 113:6; 127:5; 137:15; 138:13 reference [8] 107:15; 109:21; 1 1 1 :6 ,1 2 ,2 4 ; 112:4; 152:13,15 referenced [1] 86:17 references [1] 176:3 referencing [1] 107:16 referred [9] 65:11; 94:24; 113:3; 114:21; 127:11; 137:3; 148:13; 165:14; 188:24 Referring [1] 138:13 referring [16] 24:7; 65:22; 70:16; 74:24; 78:2; 99:2; 127:9; 138:11; 150:13; 152:17; 158:8; 163:24; 164:22; 184:21; 189:8; 190:10 refers [11] 80:16; 88:24; 93:12; 100:22; 107:20; 108:2; 110:14; 112:20; 114:15; 128:2; 188:25 reflect [1] 65:25 regard [31] 11:2; 31:23; 38:4; 45:5; 48:2; 54:10; 63:8; 72:5, 21; 82:13; 101:9; 119:25; 121:20; 127:15; 130:4; 132:25; 133:18; 145:24; 150:17; 156:4; 166:7; 168:25; 170:11; 172:19; 173:11; 174:9; 179:16, 21; 186:4; 191:21; 193:9 Regarding [1] 162:8 regarding [7] 16:12; 9 2 :1 1 ,1 3 ; 97:19: 127:2; 185:20 Reggie [1] 34:10 regions [2] 142:10, 11 regular |3] 61:15; 112:25; 152:3 regulation [2] 109:11,21 regulations [2] 92:11; 109:17 relate [111 54:2; 70:10; 115:23; 126:24; 129:11; 132:16, 20; 133:1,5,12; 145:15 Related [1] 73:11 related [14] 13:4; 17:21; 34:5; 45:1,10; 73:8,14; 81:17; 89:24; 125:21; 133:12; 140:8; 142:24; 166:15 relates [9] 56:16, 23; 57:10; 63:15; 93:4; 114:23; 129:18; 177:3; 191:14 Relating [2] 1 4 :2 2 ,2 3 relating [11] 10:11; 40:17; 54:7; 56:2; 57:23; 119:20, 21; 120:1; 125:24; 140:12,17 release [4] 100:25; 121:20; 168:25; 170:24 released [2] 80:8; 183:16 relevant [7] 45:7; 128:20,23; 129:6,10. 21 ,22 rem em b er [25] 13:13; 14:13; 25:25; 28:6; 35:2; 44:3, 5 ,6 ; 75:16,18;76:7; 84:11,12; 104:8; 120:20; 121:25; 122:6; 144:18; 145:3; 150:21; 156:25; 158:16; 168:18; 171:22;175:12 rem otely [1] 128:23 rem ovable [1] 65:9 rem ove [9] 6 5 :1 9 ,2 0 ; 66:7; 67:6; 182:6,13; 1 8 3 :12,16,21 rem oved [3] 7 9 :2 0 ,2 3 ; 90:20 rem oving [1] 182:12 reorganization [2] 3 6 :1 1 ,1 8 repairs [1] 175:8 R ep eat [1] 62:25 rep eat [6] 29:25; 62:20; 97:7; 126:3, 5; 173:15 rep hrase [1] 15:24 re p la ce [1] 167:18 re p la ce m e n t [3] 101:18; 102:5. 13 re p o rt [28] 86:14; 88:17* 93:5; 94:23, 24; 9 5 :1 ,1 8 , 23; 99:20, 25; 100:7, 9; 1 0 6 :2 ,1 1 ,2 5 ; 107:20; 108:1; 109:20; 112:12; 151:23; 152:4; 188:15,16,19; 190:4; 191:3; 192:25; 193:6 re p o rte r [2] 15:14; 23:10 reports [8] 58:7; 88:21; 94:18; 1 5 1 :5 ,8 ,2 1 ; 171:18; 188:16 re p re s e n t [2 ] 9:16; 14:19 R epresentation [1] 188:2 representation [3] 10:20; 11:6; 38:25 representations [1] 76:12 representative [1] 187:8 rep resented [3] 10:1, 9; 13:10 representing [1] 14;4 reps [i] 160:7 req uest [14] 48:9; 71:12; 94:8; 103:18; 106:18,23; >8:14, 22; 109:1; 112:20; 120:18; 126:3; 192:9 requested [3] 86:20; 127:4; 193:16 req uester [1] 88:19 requesting [2] 88:21; 106:2 require [2] 82:4; 153:20 required [3] 129:20; 153:10; 172:13 requires [1] 127:1 resale [1] 143:7 research [3] 19:25; 54:22; 156:6 reservation [1] 48:20 reserve [5] 8:14; 47:24; 48:25; 61:18; 72:4 reside [1] 11:25 resides [2] 58:22; 140:2 resistors [1] 135:10 resold [1] 102:5 resolved [1] 13:18 re s p e ct [1 0 ] 10:22; 45:12; 5 8 :1 8 ,2 5 ; 59:22; 100:5; 134:1; 171:20; 175:9; 189:4 res p ira to r [1] 1 6 8 : 1 6 resp irators [1] 180:9 resp on se [1] 126:5 responses [1] 9:25 responsibilities [6] 19:5; 20:13; 26:14; 28:17; 36:1; 42:8 responsibility [3] 36:1; 109:17; 111:21 responsible [30] 2 0 :5 ,1 5 ,2 3 , 24; 21:23; 22:4, 5 ,1 4 ; 23:3; 2 6 :1 5 ,1 8 ,2 2 ; 30:14; 45:19; 59:18, 21; 61:2, 3; 62:9; 72:8; 88:20; 129:14; 132:8, 14; 144:1; 147:10, 20; 180:21; 192:6; 193:8 responsive [13] 10:3,21; 48:9, 11, 5 4 :1 2 ,1 5 ; 7 1 :3 ,1 6 ; 126:20; 155:11; 173 :1 3 ,2 0 ; 174:1 rest [1] 163:19 re state [2] 15:24; 61:21 re s ta te m e n t [1] 45:16 From proprietary to restatement % ' 1 * BSA Book vs. Asbestos Dits' (BHC) Craig Mountz 2/8/00 _XMAX(12/45) result [2] 121:19; 172:2 Riehle [2] 9:9; 37:13 136:23; 137:1 53:18,25; 56:15, 21; 57:3, 9 ,1 4, resulted [1] 109:1 Right [33] 20:4; 30:24; 31:13; search [10] 47 :2 ,1 9 , 54:11; 22; 59:6,13, 24; 60:5,18, 21; results [7] 92:6; 96:15; 151:6, 38:8; 46:9; 50:25; 52:3, 8; 55:7; 60:23; 71:2; 76:13; 119:16; 61:14, 18. 23; 62:2; 63:3,416, 19 1 8,24; 171:18; 188:6 56:21; 58:2; 65:3; 73:12; 77:8; 140:25; 173:11; 174:5 24; 64:17; 65:9, 22, 25; 66:5,18; Resum ed [1] 86:4 84:1; 95:10; 99:6; 116:4,10; searched [4] 4 7 :1 5 ,1 7 ; 145:19; 67:18; 68:2; 6 9 :3 ,4 , 21; 71:8, retained [2] 55:19; 85:14 131:23; 132:11; 145:10; 148:5; 173:19 15, 25; 72:4,12, 25; 73:7,12; retention [7] 49:10; 55:1; 150:14; 152:19; 153:20; 156:14; searching [4| 49:4; 119:20,25; 7 4 :4 2 ,1 7 , 25; 76:25; 7 7 :8 ,1 0 ; 6 2 :1 0 ,1 3 ,19 ; 63:6; 142:7 164:18; 169:9; 173:24; 175:11; 140:12 78:4,6; 79:2, 5 ,1 0 ,1 3 ; 82:23; retest [1] 98:20 178:14; 185:7 second [11] 11:1; 68:20; 93:4; 8 4 :1 ,6 , 10; 85:22; 86:4, 5, 10, retired [8] 2 2 :2 2 ,2 4 ; 24:25; right [26] 11:13; 15:23,27:17; 95:8; 103:6; 106:4; 108:11; 24; 87:2; 90:2; 92:2,23; 94:3; 26:4; 27:7; 90:7; 104:2; 139:25 47:24; 48:3; 51:21,23; 52:1, 8; 112:22; 123:20; 126:25; 178:22 95:5, 13; 97:1, 3, 10, 25; 98:14; return [3] 10:4, 23, 25 55:22; 61:18; 67:10; 68:19; 72:4; secretary [2] 111:20; 112:12 99:6, 9, 22; 100:2,12; 401:18; returned [1] 106;24 7 7 :1 4 ,1 5 ; 108:10; 113:16; section [2] 114:22; 126:25 1 0 2 :1 ,7 ,1 0 , 23; 103:3, 6 ,1 7; r R eview 11] 10:24 115:7; 116:15; 124:24; 133:8, segregate [1] 95:9 105:13, 17; 106:10, 14, 20; review [7] 10:4, 23; 38:21; 22; 148:2; 163:22; 165:6 segregated [2] 5 4 :1 9 ,2 2 107:7; 109:23; 1 1 0 :8 ,1 1 ,2 1 ;' 39:11; 67:19; 106:1; 108:7 right-hand [4] 80:13; 82:12; Seiles [1] 119:11 111:5,11; 112:3; 113:11,20, 25; review ed [4] 38:25; 39:5; 165:3; 181:10 selected [1] 55:13 115:11,18,22; 116:4,10,15; 44:17; 133:11 rights [2] 8:14; 48:25 sell [2] 80:22; 101:18 117:4, 12,23; 118:1,5,20; reviewing [5] 3 9 :8 ,1 5 ; 66:1; ring [21 1 8 1 :9 ,2 0 selling [5] 74:13; 90:21,23; 120:13, 24; 122:23; 123:11, 18; 85:1; 108:6 Richard [1] 9:2 R oad {1] 41:7 Rob [1] 25:13 91:8,15 124:13, 24; 125:3, 15; 126:3,6, C sem inars [2] 34:5; 109:11 9 ,1 3 ,1 6 ; 128:2, 9,-16,24; R IEHLE [275] 9:9; 10:8; 11:6; R o b ert [1] 125:8 send [2] 71:11; 191:16 129:3, 8; 130:3, 20; 131:11, 23, 13:3, 22; 14:19, 23; 17:23; Ron [3] 24:3; 141:3; 193:7 Senior [2] 28:16; 34:8 2 5 :1 3 2 :7 ,1 1 .1 3 , 24; 133:4, 8, 19:20; 20:21; 21:5,13; 22:8; R O TH [1] 8:21 senior [2] 34:6; 35:15 10, 16, 21; 134:3, 23; 135:8,14; 2 4 :9 ,1 4 ,1 9 ; 28:9; 29:8, 23, 25; Roth [2] 8:21; 86:2 separate [24] 40:20; 49:18,22; 1 4 1 :1 9 ,2 3 :1 4 3 :1 9 , 25; 144:5, 31:2, 9 ,1 5 ; 32:3, 19; 3 3 :8 ,1 2 . rubber ]1] 81:2 50:3; 52:14, 25; 55:22; 56:15, 8; 145:14, 23; 146:2, 6; 148:7; 1 7 ,2 4 ; 35:7, 18; 36:8; 37:4,10; ruin 11) 183;23 23; 7 3 :1 ;7 6 :6 ,1 0 ,1 7 ; 81:12; 149:2, 24; 150:2, 21; 451:15, 22; 3 8 :5 ,1 2 ,2 3 :4 0 :1 4 ,1 8 ; 4 2 :2 ,1 4 . rule [1] 153:15 113:13; 118:17; 139:12; 144:5, 1 5 2 :2 ,1 2 , 19, 21; 1 5 3 :7 ,1 7 , 25; 22; 4 3 :1 3 ,1 7 .2 1 ; 4 4 :7 ,1 1 ,2 4 ; rules [1] 15:5 43; 172:14; 176:5; 180:5; 184:7; 154:6, 19, 155:1, 6, 9, 14, 17; 45:8 ;4 6 :1 , 17; 47:22; 48:6; run [2] 151:15; 189:6 187:18 156:10, 14, 17; 159:19, 23; 5 0 :4 ,1 9 ; 51:7, 14, 20; 52:1; running [1] 43:19 separated [1] 95:22 160:9,22; 161:1, 3, 7, 1 1,24; 53:13, 20; 56:9,18, 25; 57:5,12, 18; 58:11,15; 59:12; 6 0 :3 ,6 , 9, - - S - - separately [1] 187:11 series [2] 5 2 :17,19 162:7, 22; 163:8, 15; 164:5, 15; 165:2, 14; 166:2,20; 167:24; 12,20; 61:16,21; 62:1, 20,22, serious [1] 175:20 168:5, 22; 169:4, 15, 23; 170:8, 25; 6 3 :1 4 ,1 8 , 21; 64:14; 65:6, S-e-i-t-e-s [1] 119:13 served [1] 129:10 16, 22; 172:3; 173:3,24; 174:6, 21; 66:16; 67:16; 6 8 :1 ,1 7 ,2 4 ; S-h-e-p-p-a-r-d [1] 157:22 Service [5] 86:15,21; 87:3; 13,15,21; 175:6,11,15; 69:17; 7 1 :6 ,1 1 ,2 1 ; 7 2 :2 ,1 0 ,2 3 ; S-i-l-e-s [1] 119:12 105:5,18 476:11,17; 177:11,20, 24; 73:5,10,16; 74:5,15.16,21; S a fe ty [8] 92:10; 175:16; service [21] 70:20; 118:21,25; 1 7 8 :1 ,1 4 ,1 7 ; 1 7 9 :9 ,1 3 ,2 0 ,2 5 ; 76:16; 77:6; 78:2; 7 9 :4 ,6 ,1 2 ; 180:19,22; 187:4, 9 ,1 2 ,1 9 119:2, 6, 24; 120:3; 123:19; 180:13, 18; 1 8 1 :1 2 ,1 7 ,2 1 ; 82:20; 83:23; 84:5; 86:9,23; s a fe ty [19] 5 6 :2 ,7 ,1 0 ,1 2 ,1 6 , 124:7; 142:21,23; 1 7 3 :4 ,6 , 8, 185:14, 23; 186:12; 187:3, 16, 89:25; 91:24; 92:22; 93:24, 95:1, 2 4 ;5 7 :2 , 3, 7 .1 1 . 23; 108:1; 1 3 ,1 6 ,2 0 ,2 3 ; 174:5; 175:6 21, 2 4 ; 1 8 8 : 1 ,4 ,12; 190:19; 8; 96:23; 97:9,23; 98:8; 99:5, 171:4; 176:14; 190:12,23; Servo [1] 152:13 191:24; 192:13,16; 193:14,21; 16; 101:13, 22; 102:6,19; 103:2, 1 9 1 :1 4 :1 9 3 :8 ,1 2 S E SS IO N [1] 86:1 194:5, 9 .1 3 5 .1 6 ; 1.05:10,15; 1 0 6 :7 ,1 3 ,1 7 ; safety-related [1] 57:14 session [1] 69:1 Shining [1] 9:16 107:5; 409:18; 110:7, 20; 411:1, sale [2) 80:9; 156:7 sets [1] 86:6 shipped [2] 149:6; 150:11 8; 112:1; 113:9; 1 1 5 :1 ,1 0 ,1 5 , saleable [1] 55:11 , setting [1] 82:8 Shoe [2 ] 83;14; 117:8 20; 116:22; 117:19,25; 118:19; sales [23] 103:22; 120:3; settled [1] 13:20 shoe [128] 5 0 :5 ,7 ,1 4 ; 51:8; 1 2 0 :1 1 ,1 4 ,1 7 ; 122:19; 124:10, 130:24; 132:15; 1 3 9 :6 ,1 2 ,1 7 ; setup [6] 82:5; 176:19, 20, 24, 58:5; 6 8 :9 ,1 1 ,1 5 ; 6 9 :9 ,1 1 ; 22; 125:1,14; 126:5, 15; 127:24; 128 :6 ,1 1 , 19; 12 9 :1 ,4 , 140:16,17; 141:2; 142:3, 6 ,1 0 , 25; 177:6 1 1 ,1 3 ; 144:2; 155:6,16; 159:24; seven [1] 43:20 74:1, 9 ,1 0; 81:25; 82:7; 83:17; C 86:15; 90:10,19; 102:13; 107:4, 24; 130:15,18; 131:8,19; 132:3, 160;2, 3, 6, 16 shade [2] 147:5; 158:25 12,23; 114:2,16; 116:18; 22; 133:2, 44; 134:20; 135:6; salesperson [1] 161:12 shaking [2] 24:8; 76:7 125:16, 21, 24; 130:14; 134:9, 141:18, 21; 143:18, 22; 144:3, sam p le [1] 149:20 She's [1] 120:10 11,19, 25; 135:4,15; 136:16, 7; 145:11, 25; 148:6; 449:1,23; S am ples [1] 107:1 sheet [2] 73:15; 120:24 2 0 ,21 ; 137:19; 138:8,19; 15 0 :1 ,1 9 ; 151:10,19; 152:1,9, sam ples [3] 96:18; 106:24; Sheets [2] 1 8 0 :1 9 ,2 2 140:17, 20; 142:11, 1 5 ,1 9 ,2 4 ; 17,20; 153:1,15,22; 154:4,18, 21; 455:4, 8 .1 2 , 16; 156:9,12, 149:15 sam pling [1] 138:19 Sheppard [4] 156:20; 157:21 ; 1 4 3 :1 ,6 , 9 ,1 9 ; 146:11; 149:6, 158:13; 160:10 15, 22; 150:13,17, 22, 24; 15:159:15, 21 1 6 0 : 8 ,19, 25; San [1] 38:7 SHINING [324] 8:18; 9:14, 15, 151:2, 3, 9, 16; 152:23; 153:11; 161:2, 5, 9; 162:1, 3 ,6 ,2 1 ; sanding [2] 1 3 8 :1 4 ,1 6 21; 11:1, 9; 13:4,23; 14:25; 155:2, 1 9 ,2 2 ,2 5 ; 15 6 :4 ,7 , 13, 163:6, 12; 164 :2 ,1 1 , 23; 165:1, sand pap er [2] 138:6; 184:22 17:24; 19:24; 20:22; 2 1 :7 ,1 4 ; 18; 157:4, 8 ,1 5 ,1 9 ,2 5 ; 158:2, 13. 25; 166:47; 167:22; 168:3, saying [3] 24:10; 48:10; 128:8 22:10; 2 4 :1 0 ,1 8 , 22; 28 :1 1 ,1 4 ; 13; 159:10, 12; 1 6 0 :3 ,4 ,1 4 ,1 7 , 20; 169:1,13, 20; 1 7 0 :4 ,1 3 ,1 9 ; scenario [1] 151:11 2 9 :1 1 ,2 4 ; 30:2; 3 1 :5 ,1 3 ,1 8 ; 23, 25; 161:18,21; 163:1,9,10, 171:23; 172:1, 25; 173:22; school [3] 1 6 :1 8 ,2 0 ,2 5 32:4, 25; 3 3 :1 0 ,1 5 ,2 0 , 25; 35:9, 1 1 ,1 8 ; 1 6 4 :2 ,4 ,6 .9 ,1 6 ;1 6 5 :2 , 174:3; 175:4, 24; 176:10,15; scope [1] 10:18 25; 36:15; 37:8, 14; 38:1 1 ,1 4 ; 7; 166:8; 167:7,21; 171:10,20; 177:9; 178:12; 179:5, 11,23; screw [1] 183:13 39:2; 40:15, 19; 42:4, 18, 24; 174:9,25; 175:9; 177:16; 180:11,16; 181:11,15; 185:13; screw ed [1] 182:3 43:14, 18, 24; 44:9,14; 45:3, 178:25:179:17.22; 180:1. 6 ,1 0 . 186:8, 24; 487:14, 23; 188:2, 9; se [1] 111:19 15, 23; 46:3, 20; 47:24; 48:21; 15; 185:16; 186:1,5; 189:4,19; 190:17; 193:18; 194:3,15 seal [4] 81:2, 3; 138:6; 481:9 50:7, 22; 51:1 0 ,1 8 , 22; 52:3; 190:24; 191:24; 192:4; 193:12 seals [5] 80 :1 8 ,2 5 ; 81:17; From result to shoe i. asfl , i ^ shoes [13] 112:21; 113:3; 153:10; 162:16,19, 24; 163:4; 167:4,14; 168:24; 169:19; 170:18; 185:12 sho ot [1] 110:8 shop [3] 31:21; 32:20; 163:16 shops [3] 101:14; 136:10 shortcut [1] 72:11 shorten [1] 168:5 show [1] 96:19 show s [2] 105:6; 176:17 sides [1] 182:4 sign [1] 10:24 Signal [1| 8:5 SIG N A TU R E [1] 194:21 sim ple [1] 51:25 S ir [1] 1.1:24 sir [4] 9:15; 13:23; 100:6; 194:9 site [3] 18:19; 41:2; 191:14 six [4] 36:5; 43:20; 112:7; 147:8 size [11] 44:11; 77:11; 102:22, 24; 158:8; 162:13, 17; 163:9; 165:18; 177:7; 178:2 sizes (2] 101:15; 162:9 sketches [2] 44:21; 46:15 sm aller [6] 102:21; 103:3; 164:20; 165:10; 177:8; 189:18 social [2] 140:8, 10 sold [19] 74:19; 75:1, 3; 76:2; 101:21; 102:13; 1 2 2 :1 ,2 ,4 ; 131:1; 138:24; 155:2,19; 1 5 9 :1 3 ,1 7 .1 8 ; 160:18; 161:18, 21 solvent [2] 179:10; 180:1 som eone [7] 38:6; 43:24; 47:2; 91:17; 102:2; 155:10; 172:22 som ew here [5] 25:11; 27:17; 40:5; 64:5; 123:3 sorry [5] 29:23; 56:22; 64:24; 120:19; 151:16 s o rt [3] 59:1; 93:25; 149:12 sorted J1J 49:15 sought [1] 127:1 sound [1] 148:2 source [5] 46:5; 61:20; 92:20; 93:6,7 sourcing [2] 1 3 4:18,22 space [2] 41:25; 42:1 s p eak [11] 23:11; 37:2,14; 1 1 9 :1 0 ,1 4 ,1 9 ,2 3 ; 120:5; 140:11; 145:23; 185:21 speaking [1] 51:8 speaks [4] 115:5,20; 153:2; 176:1 spec [1] 147:6 special [7] 5 3 :3 ,4 ; 57:3; 82:4; 92:5,13; 179:10 sp ecific [12] 10:13,14; 32:2; 33:21; 34:3; 42:9; 51:12; 55:5; 421:10; 128:11; 146:24; 162:18 specifically [9] 13:14; 16:13; 30:18; 33:1; 50:23; 53:9; 65:5; 102:4; 136:1 specification [1] 124:14 specifications [7] 44:23; 45:5, 9 .1 2 , 22; 71:20; 147:9 specifying [1] 45:9 speculate [4] 34:1; 43:13; Book vs. Asbestos P its' (BHC) 91:19; 92:1 speculating [1] 88:16 speculation [33] 13:22, 33:17; 34:2; 36:8; 42:2, 22; 43:17,21; 86:23; 91:24; 101:22; 402:19; 106:13; 113:8; 117:20; 122:19; 124:10; 130:15; 141:21; 153:13; 1 5 4 :2 ,1 8 ,2 1 ; 155:4; 159:15; 160:19; 163:12; 165:25; 170:19; 179:5, 11; 180:11,16 speed [3] 86:7; 135:7; 136:2 spell [7] 9:17; 22:17; 61:7; 139:19; 141:4; 156:23; 157:21 spelled [1] 12:17 spend [4] 39:14; 59:3; 94:12, 14 spent [2] 84:19. 23 spinning [2] 137:21 ; 184:23 spoke [7] 37:9,10; 38:3, 6, 9; 140:6; 166:7 spoken [2] 140:4; 156:3 spring [1] 182:1 square [2] 4 1 :1 6 ,1 9 squirm ing [1] 85:22 stack [1] 42:17 s ta ff [3] 29:7; 172:11; 179:8 stam p [6] 73:16; 95:7; 117:23; 124:25; 164:23; 165:1 stam ped [7] 11:22; 76:1 6 ,2 0 , 2 1 ,2 2 ; 99:5; 112:18 stam ps [2] 1 1 7:7,8 standard [10] 9:25; 11:3; 75:4; 76:9; 91:6; 96:7, 8; 163:3; 186:11 Standards [1] 186:13 standards [11] 78:8; 96:14,19; 9 8 :1 9 ,2 1 ,2 3 , 25; 170:24; 186:3, 7 .9 stapled [3] 94:18,21; 95:10 S ta r [2] 156:21; 158:1 s ta rt [11] 31:18; 40:6; 49:25; ' 51:22; 52:1,7; 69:1; 113:20; 135:5; 145:4,19 started [8] 32:1; 40:23; 74:12; 89:10; 116:12; 122:17,21; 144:12 Starting [2] 122:11; 123:18 starting [5] 54:7; 84:22; 90:10; 103:20; 126:9 starts [3] 94:24; 113:21; 123:13 state [7] 9:17; 13:7; 14:10; 15:11 ; 23:20; 171:4 stated [4] 109:6; 123:9; 124:5; 173:1 statem en t [3] 59:1; 84:5; 172:17 states [4] 114:1, 9; 188:14; 189:24 station [1] 1 0 1 :1 6 stay [1] 53:7 steel [1] 181:20 stick [1] 65:12 stickers [1] 169:3 sticks [1] 184:18 stipulate [1] 61:14 stipulation [2] 10:4, 22 Stone [1] 93:4 stop [2] 60:15; 91:14 Craig Mountz 2/8/00 X M A X [13/44) stopped [11] 6 0 :6 ,1 5 ,1 6 ; 21; 98:2, 3 ,1 0 ,1 1 ; 101:12; 90:2 1 ,2 3 ; 91:7; 128:12, 21; 103:7, 9; 114:18,24; 115:14, 24; 136:14; 141:14; 160:14 1 1 6 :7 ,1 4 ; 161:4; 164:7; 165:11, store [2] 61:9; 191:16 12, 1 5 ,1 6 ,2 4 ; 169:7,11,12, strike [5] 45:13; 61:2; 80:2; 14.15; 170:12; 176:18,23; 142:10; 167:13 179:10; 180:1, 5; 182:6, 11; stripping [1] 181:20 183:1, 8, 9 ,1 2 ; 188:7; 189:1; structure [2] 65:4; 128:4 191:18 stud [2] 1 8 3:15,18 system s [5] 5 1 :5 ,7 ; 74:14; studies [9] 46:21; 85:1; 96:18; 169:5, 6 105:17; 110:1; 159:24; 189:11, 14 Study [1] 75:24 - -T-- study [37] 17:4; 84:15; 85:2, 16.17; 86:14,17, 22; 87:3,6; 88:12, 24; 92:20; 93:12; 94:9; 96:4, 5 .1 6 ,2 0 ; 97:1, 8 ,1 0 ; 98:9, 15,17; 102:15; 108:4, 5, 8 ,1 5 . T-h -o -tn -a-s-o -n [1] 157:23 tab le [2] 165:4; 174:19 takes [1] 112:3 talk [6] 54:3; 60:13; 71:19; 116:17; 119:6; 193:21 1 7,19, 2 1 ,2 5 ; 109:3,17; 189:23 talked [6] 88:25; 121:21; 126:1; studying [1] 109:21 style [4] 69:19; 163:10,11; 177:19 styles [1] 153;19 styrofoam [1] 121:9 subject [4] 13:1; 79:8; 92:1; 173:1 subscribed [1] 110:16 s u b s c rib in g [1] 110:14 subsequent [1] 98:10 Subsequently [1] 24:17 subset [1] 19:24 subsidiary [6] 2 4 :1 7 ,1 9 , 21; 141:14; 162:9; 1815,19 Talking [1] 51:20 talkin g [15] 27:12; 31:20; 45:16; 54:1; 58:16, 23; 86:11; 1 1 6 :9 ,1 3 ; 131:21; 134:1; 156:12; 162:16; 164:24; 187:16 talks [1] 116:6 tap e [1] 82:7 task [1] 134:24 tau g h t [1] 169:21 technical [3] 29:18; 118:17; 189;2 technically [1] 40:24 105:6; 127:12; 187:14 substantially [2] 80:14; 183:4 succeeded [2] 27:22; 28:4 successor [2] 25:12; 27:10 sufficiently [1] 190:1 suggest [2] 99:4; 152:23 Supersedes [1] 125:1 supersedes [1] 125:5 superseding [1] 125:3 supervise [1] 36:4 supervised [5] 19:7; 23:20; 35:5,16; 88:2 supervising [1] 193:21 supervision [2] 23:19; 110:5 supervisor [9] 18:21; 23:14, 22; 3 4 :9 ,1 4 ,1 6 ; 44:4; 57:6; 87:17 supervisor's [1] 9 1 :23 technician [1] 29:10 technicians [t] 29:7 tec h n o lo g y [3] 17:5,12; 193:25 telep ho ne [1] 193:25 tem p e ra tu re [2] 1 3 7 :8 ,1 7 te m p la te [3] 73:24; 82:6; 190:8 te m p o ra ry [2] 112:9; 145:21 ten [5] 29:13; 31:14; 77:20; 167:9,10 T en nessee [6] 12:1; 40:11; 41:22; 48:15,19; 58:22 tense [1] 192:15 term [2] 68:11; 102:1B term s [1] 101:24 te s t [24] 83:10, 13; 92:6; 95:18, 24, 25; 96:6,11; 97:4,20; 98:2, 18; 99:1; 102:20,22; 107:14; supervisors [2] 43:9; 57:9 supervisory [1] 36:3 supplied [1] 100:24 supplier [1] 136:15 Supply [1] 9:1 support [6] 19:9; 20:16, 18, 19, 23; 26:17 108:23; 109:7; 112:21; 121:23; 151:15, 17; 172:1 tested [7] 91:5; 94:15; 98:21; 170:18; 171:7,10; 180:14 testified [6] 9:13; 15:3; 28:10; 91:25; 97:17,19 tes tify [2] 12:19;15:10 suppose [1] 167:3 surface [1] 65:8 swirl [i] 184:14 switch [1] 137:13 sw orn [2 ] 9:13; 15:9 sym m etrical [1] 82:10 system [73] 49:22; 53:7; 73:19, 22, 25; 74:4, 8 ,2 0 ,2 3 , 24; 75:1, 12; 76:2, 6 ,1 3 ; 77:2, 4, 7 ,1 2 . 13; 79:24; 81:20,23; 82:1; 94:15; 96:12, 14; 97:5, 1 1 ,1 8 , testifying [i] 12:23 tes tim o n y [9] 21:5; 38:12; 46:18; 57:19; 74:22; 97:16; 152:10; 168:20; 188:10 testing [15] 53:5; 58:7; 97:20; 1 3 8 :1 8 ,1 9 ; 150:16,22; 151:2; 152:7; 168:24; 171:13; 178:25; 179:1; 180:10; 188:6 tests [8] 96:18; 98:10; 99:2; 121:18.22;150:15;151:6; 188:12 T e x a s [6] 12:13; 13:12; 14:1,8; From shoes to Texas > BSA Book vs. Asbestos Dfts' (BHC) Craig Mountz 2/8/00 XMAX(14/4$1 15:8; 119:17 typ e [13] 50:11; 52:12; 59:16; 177:9; 179:18; 186:24 w e a r [3] 122:9; 168:14,16 Textile [1] 186:16 6 4 :1 1 ,1 3 ,1 5 ,1 6 ,1 7 ; 79:14; Vag uely [1] 161:17 w eath er [1] 181:20 Thank [4] 14:23; 21:10; 15.1:1; 121:9; 136:4; 162:16; 178:9 variations [1] 52:11 weather-stripping-type [1] 194:9 typed [11 103:19 varied [2] 30:12; 36:5 81:3 theoretical [1] 17:12 types [4] 46:13; 153:8; 162:19, varies [1] 87:18 w e b [11 191:13 There's [1] 69:18 24 variety [3] 21:23; 40:21; 82:19 w eek [3] 145:22; 146:1; 151:24 there's |1] 53:3 typical [1] 151:11 vary [1] 136:5 w eekly [1] 57:7 therm al [2] 137:4, 5 typing [1] 8:12 vehicle [1] 151:12 w eeks [1] 112:10 thinking [3] 38:9; 67:20; 98:6 vehicles [1] 167:7 w eight [1] 81:23 third [3] 20:14; 25:17; 98:15 --U-- vendor [2] 8 1 :1 1 ,1 7 w elcom e [1] 194:12 Thom ason (4] 156:20; 157:21, vendors [4] 46:7, 8 ,1 0 ; 81:8 W en dy [1] 9:16. 22; 160:10 U.S. [1] 161:19 V ergne [2] 40:11; 41:22 W eren 't [1] 160:6 Thom ason's [1] 158:13 UL [1J 171:24 verification [3] 11:2, 4 , 7 w eren 't [3] 82:2; 92:23; 149:14 T hree [2] 44:10; 116:15 Urn-hum [1] 155:14 version [3] 78:24; 121:5; W h at's [6] 40:8; 47:7; 75:23; three [9] 30:12; 42:17; 73:3, 8; unassem ble [11 182:7 123:23 128:15; 152:20; 161:1 143:2, 3; 162:8; 163:17, 23 underneath [4] 28:24; 29:5; versions [5] 51:16,19; 136:6; w hat's [12] 57:23; 66:7; three-paragraph [1] 174:7 51:12; 63:4 158:18; 190:22 109:13; 123:8; 124:4; 166:1; throw [2] 62:23; 63:5 understand [17] 1 5 :9 ,1 4 ,1 8 , versus [2] 99:19; 168:4 176:12; 178:12,15, 19; 183:21; tie (1} 45:1 22, 23; 16:1;24:6. 9; 48:21; Vice [1] 23:23 186:2 tighten [1} 183:2 62:22; 63:20; 98:4; 102:11; vice [6] 25:8; 3 5 :5 ,1 3 ; 47:8; W heel [1] 23:8 ( tightly [2] 181:25; 182:9 150:2; 161:17; 164:12; 187:3 112:14, 15 w heel [5] 22:3; 23:6; 26:15; times p i 12:8; 166:10; 167:2, understanding [21] 4 8 :8 ,1 3 , vicinity [1] 180:5 32:17; 35:20 y 6, 8,24; 1 68:1,6,9 17; 5 9 :9 ,1 5 ; 61:21; 90:22; 96:3; video [10] 1 9 1 :1 4 ,1 5 ,1 8 ,2 1 ; w hereby [1] 48:18 T in y [11 124:24 98:16; 102:12,17; 127:13; . 192:3, 1 0 ,1 7 ,2 0 ; 193:12,24 White [4] 1 5 8 :6 ,1 0 ,1 1 ,1 2 tiny }2] 124:24 130:13; 132:25; 134:10, 14; Videos [4] 192:1, 8; 193:8, 10 w holly [1J 127:18 tire [3] 20:6; 191:14,17 159:20; 184:11; 187:5; 188:20; violation [1] 170:23 W illiam s [5] 2 5 :1 3 ,1 4 ,1 8 ; title [21] 18:23, 25; 21:8, 12; 189:3 vis-a-vis [2] 98:2; 188:6 26:10; 87:22 23:5,12; 2 8 :1 ,8 ,1 3 ,1 5 , 21; understood [2] 98:12; 100:3 visiting [1] 141:13 willing [2] 45:19; 71:12 30:21; 35:4, 24; 47:7; 75:23; Underw riters [3] 1 7 1 :8 ,1 1 ,1 9 Visual [1] 76:12 Willis [1] 29:15 85:8; 103:22; 104:6; 1 8 1:1,2 unit [18] 76:4, 5 ,6 ,1 0 ;8 2 :1 3 , visualize [1] 184:18 W isconsin [1] 135:18 titled [1] 117:7 17; 138:14; 148:15; 153:20; vocational [1J 29:19 w ith draw [2] 109:23; 154:22 titles [3] 29:4; 3 5 :3 ,1 0 161:4; 165:3; 176:21; 178:5; voltage [3] 52:11; 136:2, 3 withheld [1] 10:4 tod ay's [2] 37:2; 39:5 T o m 12] 9:5; 181:5 181:24; 182:4, 13; 184:8; 189:5 units [1] 91:5 volume [1] 155:2 VP [2] 85:9; 88:9 W ITN ESS [140] 21:6; 28:12; 29:9; 32:20; 3 3 :9 ,1 3 ,1 8 ; 35:8, tooling [1] 19:16 University [4] 17:3, 25; 18:3, 8 19; 3 6 :1 0 ;3 7:7 ,1 3 ; 38:8,13; T oo ls [12] 9:8; 11:14; 18:12; 19:11; 24:15, 20; 40:12; 75:24; university [1] 16:24 unstapled [1] 107:8 - - W - - 4 2 :3 ,1 6 ; 44:8, 13; 45:21; 46:2, 19; 50:5,20; 51 :8 ,1 5 ; 52:2; 105:7; 114:1; 127:10; 130:7 untighten [1] 183:14 W a g n e r [2] 152:13; 153:8 56 :1 2 ,1 9 ; 57:1, 6 ,1 3 , 20; 58:13; tools [1] 51:2 unusual [1] 141:17 W a it [1J 186:24 60:2, 8; 62:23; 63:2, 22; 65:7; topic [5] 4 5 :1 ,4 ,9 ,1 1 ; 172:24 update [1] 74:10 w a it [2 ] 34:6; 186:24 66:4, 17; 68:23; 69:18; 73:11, total [3] 19:6; 31:3; 33:19 Updated [1] 30:23 w aiving [11 48:3 18; 74:6; 77:9; 78:5; 82:21; totally [1] 50:16 tough [1] 25:20 updated [3] 75:3; 97:18; 98:19 usage [1] 132:9 w all [1] 82:18 W ally [1] 104:20 83:25; 84:9; 85:21; 86:25; 90:1; ( 94:2; 98:13; 99:7; 100:9; 101:14, tow ard s [1] 177:13 utilized [1] 175:3 W a lte r [1] 122:14 23; 102:9, 20; 105:12, 16; 106:9, - - V - - track 111 139:13 w anted [2] 75:19; 98:20 19; 107:6; 111:3,9; 113:10,19; tra d e m a rk [3] 131:6; 132:9; w arehouse [2] 1 4 4 :6 ,1 3 115:17; 117:21; 120:16,19; 146:21 w arehouses [1] 101:24 122:22; 124:11,23; 130:2,16, train [1] 89:5 V -b elt [3] 1 3 8 :9 ,1 1 ,1 4 w arn [1] 190:1 19; 131:10,24; 132:5, 12,23; Training [1] 117:17 vacuum [7] 114:18; 169:11,14; w arning [8] 56:13; 65:16; 66:6; 133:3, 9 ,1 5 ,2 3 ; 134:21; training [25] 8 9 :5 ,6 ,1 2 ,2 4 ; 1 8 9 :1,2,3,12 67:22; 79:19; 84:7; 148:14; 135:12; 143:23; 144:4; 145:21; 9 0 :3 ,1 0 ,2 0 ; 92:5, 13, 16; V ague [64] 13:3; 17:23; 19:20; 169:3 146:4; 150:20; 151:11,20; 109:14; 117:22; 122:24; 123:2, 22:8; 29:8; 32:3; 33:8; 35:7; w arnings [4] 150:10; 168:22; 152:11; 153 :4 ,2 3 ; 154:5,24; 5; 151:4,17; 152:3; 170:1; 40:14, 18; 44:7, 24; 50:19; 51:7, 179:14, 21 159:22; 160:21; 161:6, 10; 178:24; 179:8; 180:8, 14; 192:7; 20; 56:18; 57:5; 62:1; 6 3 :1 4 ,2 1 ; w arran ties p ] 1 7 4 :8 ,1 0 ,2 4 162:2, 5; 163:7, 13; 164:3, 25; 193:1 64:14; 65:6, 21; 69:17; 73:10; w a rra n ty [6] 1 7 4 :7 ,1 6 ,2 3 ; 167:23; 168:21; 169:2,21; transcribing [1] 15:15 74:21; 77:6; 82:20; 89:25; 99:16; 175:3, 7, 14 170:6, 14, 21; 171:22, 25; transcript [1] 15:19 101:13; 103:2; 107:5; 111:8; w a s h e r [1] 59:10 4 173:23; 174:4; 175:5,12; traveled [1] 58:20 118:19; 125:14; 131:8,19; w ashers [3] 51:3; 58:10; 148:5 176:16; 177:15; 178:15; 179:6, treading [1] 120:11 132:3, 22; 133:14; 134:20; w a s te [11 109:14 1 2 ,2 4 ; 180:12,17; 181:19; trial [1] 15:3 141:18; 143:18; 144:7; 150:19; W aukegan [3] 4 0 :2 4 :4 1 :2 ,9 186:10; 187:2; 194:12,21 trials [if 179:1 151:10, 19; 152:1; 153:1; 156:9; w a y s [1] 152:8 w itness [25] 28:9; 38:6,25; trim [2] 1 5 8:12,22 1 6 1 :2 ,5 ; 162:21; 163:6; 164:11; W e'll [2] 28:7:194:3 48:2, 19; 53:22; 58:20, 22; t r i p [11 74:18 169:20; 170:13; 173:22; 175:4, w e'll [1] 117:4 65:23; 66:1; 68:17; 72:5; 91:25; truck [3] 151:13; 1 6 3 :1 ,2 24; 176:15; 185:13; 186:8 W e 're [4I 58:15; 175:7; 187:23, 113:16; 115:6; 128:18,25; tru e [3] 110:11; 134:13; 178:17 vagu e [26] 31:9; 36:8; 42:14, 193:24 129:5,7; 153:14; 154:3; 176:6; tube [S] 1 8 4 :1 3 ,1 4 ,1 6 ,2 2 ; 22; 50:4; 56:10; 64:18; 96:23; w e 're [6} 27:12; 48:18; 59:4, 185:18; 188:10; 193:24 185:2 100:4; 105:10; 109:18,19, 22; 14; 68:20; 127:24 w itness's [1] 46:17 T w ic e [1] 12:9 112:1; 115:1; 117:2,19; 133:2; W e 'v e [11 113:21 jw o n 't [1] 86:7 153:14; 154:3; 155:4; 169:1,13; w e've [11 145:19 From Textile to won't I BSA ^,1. ^ ----------- ------- ------ "wondering flj 177;4 w o rd [6] 74:17; 157:22; 179:1; 169:2,3 w ording [4] 77:25; 78:15; 149:20, 24 w o rd s [4J 10:13; 30:23; 96:24; 100:6 w ore [1] 168:18 w o rk [15] 10:16; 20:9; 21:3;. 28:23; 29:4; 32:20, 21; 37:12; 38:24; 50:20, 24; 82:18,21; 134:18; 166:21 w orked [7] 28:19; 33:2,4; 59:24; 95:25;-116:18; 135:1 w o rkers [5] 1:4:16, 20; 56:20; 105;7; 172:18 w orkho rse [1] 53:18 w orking [29] 20:23, 25; 27:18; 29:22; 30:3, 10; 3 1 :1 1 ,1 7 ,2 4 ; 32:5, 9 ,1 3 ,1 6 ; 36:12; 53.16; 70:7; 82:11; 136:15; 150:23; 151:9, 16; 152:4, 8; 167:12; 175:19, 21; 176:4, 8 ,1 3 w o rks [1] 29:6 w ou ldn 't [6] 93:20; 117:22; 122:10; 143:23; 144:4; 153:23 w ra p [1] 126:18 w rites [3] 102:15; 118:21, 22 w riting [2] 105:2; 118:17 w ritings [1] 71:17 w ritten [16] 15:16; 93:21; 95:15; 117:16; 118:12,15; 1 2 4 :7 ,1 2 ; 151:5, 21; 169:24; 171:18; 174:9,24; 179:7, 14 w ro te [1] 123:25 --X-- x-rays [1] 172:14 X1 [1] 55:3 X Y Z [1] 175:8 Book vs. Asbestos Dfts' (BHC) --Y -- Y e a r [1] 25:16 y e a r [18] 1.3:16; 16:16,22; 17:18; 21:15; 29:23; 31:2, 6, 7. 14; 32:1, 24; 33:3; 46:3; 55:7; 83:6; 136:5 years [17] 12:4, 10; 17:25; 19:2; 25:16; 29:13; 43:18; 62:24; 66:24; 87:18; 100:15,16; 119:15; 140:4; 141:24; 142:1; 146:5 y e llo w [1] 78:9 Y e s te rd ay [2] 38:2; 39:10 yeste rd a y [10] 8:6; 38:3; 39:12; 62:5; 6 6 :1 4 ,1 9 ; 83:4; 105:24; 146:3; 173:17 you'll [I) 188:8 you've [3] 15:9; 48:19; 79:10 y o u rs e lf [3] 46:24; 109:10; 184:2 --Z-- Z ie m b a [3] 104:25; 107:9,19 Craig Mountz 2/8/00 XMAX{1SM6) From wondering to Ziemba