Document bBrzgO6mO6RZ09gd2mvoKY7Xo

Trial Transcript [December 7,1993] Transwestern v. Monsanto CONDENSED TRANSCRIPT AND CONCORDANCE PREPARED BY: PREUSS, WALKER & SHANAGHER Attorneys at Law 595 Market Street, 16th Floor San Francisco, CA 94105 ' Phone: [415] 978-2600 FAX: [415] 978-2613 WATER PCB-SD0000075826 ' BSA_______________________________________________ Trial Transcript [December 7,1993] XMAX(1) Page 1883 RIGHT? (1) LOS ANGELES, CALIFORNIA; TUESDAY, DECEMBER 7, (28) AYES. 1993 Page 1885 (2) 9:30 A.M. (1) Q AND YOU WEREN'T THERE. (3) DEPARTMENT NO. 31 G. KEITH WISOT, JUDGE (4) --0-- (2) A THAT IS CORRECT. (3) Q MR. MASON WENT AND MADE A PRESENTATION (5) (APPEARANCES AS HERETOFORE NOTED.) ON (6) (DAVID A. SALYER, OFFICIAL REPORTER.) (4) BEHALF OF THE BUSINESS GROUP? (7) (8) THE COURT: AND GOOD MORNING, LADIES AND (5) AYES. (6) Q THAT IS THE FUNCTIONAL FLUIDS GROUP, (9) GENTLEMEN. (7) ORGANICS? (10) RESUMING TRIAL PROCEEDINGS IN (8) A AND THE PLASTICIZERS GROUP. (11) TRANSWESTERN VERSUS MONSANTO WITH ALL OF (9) Q WOULD YOU REFER TO THAT AS THE ORGANIC THE (10) DIVISION? (12) APPROPRIATE PARTICIPANTS IN THEIR RESPECTIVE (11) A THOSE ARE GROUPS WITHIN THE DIVISION. PLACES. (12) Q OKAY. IF YOU WERE TALKING ABOUT THE (13) MR. TALLON, YOU MAY CONTINUE. (14) (13) FUNCTIONAL FLUIDS GROUP AND THE PLASTICIZER GROUP (15) WILLIAM B. PAPAGEORGE, (14) TOGETHER, HOW WOULD YOU REFER TO THEM? (16) CALLED AS A WITNESS BY THE PLAINTIFF, (15) A I DON'T KNOW IF THERE IS A TERM THAT TRANSWESTERN, (16) APPLIES TO THE TWO OF THEM. (17) UNDER THE PROVISIONS OF EVIDENCE CODE 776, (17) THESE ARE TWO OF ABOUT SIX GROUPS THAT HAVING (18) MADE UP THE DIVISION. (18) BEEN PREVIOUSLY SWORN TESTIFIED AS FOLLOWS: (19) QUH-HUH. - (19) (20) WERE THERE OTHER GROUPS IN THE ORGANIC (20) DIRECT EXAMINATION (CONTINUED.) (21) DIVISION THAT MADE AND SOLD PCB PRODUCTS? (21) BY MR. TALLON: (22) A NO. (22) Q GOOD MORNING, MR. PAPAGEORGE. (23) Q OKAY. SO IF I USED THE TERM "BUSINESS (23) A GOOD MORNING, MR. TALLON. (24) GROUP," WOULD YOU UNDERSTAND THAT TO (24) Q WE LEFT OFF YESTERDAY TALKING ABOUT THE REFER TO (25) CORPORATE MANAGEMENT COMMITTEE IN THE (25) PLASTICIZER AND FUNCTIONAL FLUIDS, BECAUSE SPRING OF WE ARE (26) 1970. (26) TALKING ABOUT PCB PRODUCTS, RIGHT? (27) AI REMEMBER THAT. (27) A YES, WE ARE. (28) Q ALL RIGHT. AND, IN FACT, WE WERE LOOKING (28) BUT THERE WAS A TIME WHEN THE PLASTICIZER______ Page 1884 Page 1886 (1) AT TRANSWESTERN EXHIBIT NUMBER 144-A. (1) GROUP WAS NO LONGER INVOLVED. (2) DO YOU HAVE IT? (2) SO THE TIMING IS OF IMPORTANCE. (3) AI DO. (3) Q RIGHT AT THIS POINT, APRIL OF 1970, WE (4) Q OKAY. 144-A WERE THE MINUTES OF THE (4) ARE TALKING ABOUT PLASTICIZERS AND (5) CORPORATE MANAGEMENT COMMITTEE MEETING FUNCTIONAL FLUIDS OF APRIL 20, (5) AS THE EFFECTIVE GROUPS? (6) 1970? ` (6) A THAT'S CORRECT. (7) A THEY ARE. (7) Q MR. MASON DID REPORT TO YOU ON WHAT (8) THEY ARE COPIES. (8) HAPPENED AT THE NEXT CMC MEETING? (9) Q AND THAT WAS THE CORPORATE MANAGEMENT (9) AYES, HE DID. (10) COMMITTEE MEETING WHERE THE DIVISION OR THE (10) Q AND YOU HAVE SEEN THE MINUTES OF THE CMC BUSINESS (11) MEETING AND THE PROGRAM THAT THEY ADOPTED (11) GROUP WAS MAKING A RECOMMENDATION TO THE THERE, CMC ON HOW (12) RIGHT? ` (12) TO DEAL WITH THE PCB ENVIRONMENTAL (13) AI HAVE. j PROBLEM? (14) Q ALL RIGHT. WHY DON'T YOU LOOK AT 152, (13) AYES. (15) PLEASE. (14) Q OKAY. AND WE SAID YESTERDAY, AS I THINK (16) AI HAVE IT. (15) YOU WILL RECALL, IF YOU LOOK AT THE BOTTOM (17) Q NOW, 152 IS A COPY OF THE MINUTES OF A OF PAGE 2, (18) MEETING OF THE CORPORATE MANAGEMENT (16) THE CMC REACHED A CONCLUSION, CORRECT? COMMITTEE FOR MAY (17) AYES. (18) Q AND ONE OF THE CONCLUSIONS WAS, "A (19) 11,70, RIGHT? (20) A THAT IS CORRECT. (19) REPLACEMENT PRODUCT SHOULD BE DEVELOPED (21) Q AND AT THAT MEETING THE CMC ADOPTED THE ON A CRASH (20) BASIS FOR THE NCR APPLICATION," RIGHT? (22) PLAN WHICH IS ON THE FRONT PAGE OF THAT EXHIBIT; IS (21) AYES. (23) THAT RIGHT? (22) Q AND ALSO THE COMMITTEE REQUESTED THAT (24) A THAT IS CORRECT. THE (23) DIVISION REPORT ITS SPECIFIC PLANS, FURTHER (25) Q OKAY. AND THE PLAN WAS ONE, TWO, THREE, (26) FOUR, FIVE, SIX POINTS? PLANS BY (27) AYES. (24) JUNE 1ST? (28) Q ALL RIGHT. (25) AYES. Page 1887 (26) Q THERE WAS ANOTHER CORPORATE (1) PLAN, POINT ONE, "DISCONTINUE SALES OF MANAGEMENT (27) MEETING THAT FOLLOWED THE APRIL 20 MEETING, (2) AROCLOR 1242 TO NCR AND REPLACE WITH A NON-PCB . Transwestern v. Monsanto Page 1883 to Page 1887 WATER PCB-SD0000075827 BSA Trial Transcript [December 7,1993] XMAX(2) (3) PRODUCT," RIGHT? WITH 1242? (4) AYES. (5) Q CLOSE THE LOOP ON HEAT TRANSFER (6) APPLICATIONS SO THAT POINT TWO RELATES TO HEAT (7) TRANSFER APPLICATIONS. (3) A YEAH, BUT IT DIDN'T FIT THE - (4) NON-CONTROLLABLE DEFINITION HERE. (5) Q I JUST WANTED TO GO BACK ON POINTS YOU (6) LISTED. (7) THE FIRST POINT YOU SAID WAS THE REASON (8) A IT DOES. (9) Q OKAY. POINT THREE, "REPLACE ALL (8) THAT TURBINOL WAS NOT ON THIS LIST WAS BECAUSE IT WAS (10) NON-BIODEGRADABLE CHLORINATED BIPHENYLS IN HYDRAULIC (9) MADE WITH A BIODEGRADABLE AROCLOR. THAT IS NOT RIGHT . (11) APPLICATIONS," RIGHT? (10) BECAUSE IT WAS MADE WITH 1242, CORRECT? (12) A THAT IS CORRECT. (11) A WELL, IT'S A FINE POINT BETWEEN THE 10 (13) Q THAT POINT THREE, HYDRAULIC APPLICATIONS, (12) PERCENT OR SO OF THAT 1242 THAT WASN'T (14) THAT WAS THE PYDRAUL LINE? DEGRADABLE AND (15) AYES. (16) Q OKAY. HYDRAULIC APPLICATIONS, THE (13) THE 90 PLUS PERCENT THAT WAS. (14) Q RIGHT. (17) PYDRAUL FLUIDS WERE FLUIDS USED IN (15) A AND THIS MADE IT A SITUATION WHERE IT WAS HIGH-PRESSURE (18) HYDRAULIC SYSTEMS? (16) PERCEIVED THAT UNDER CONTROLLED CONDITIONS WHAT (19) A GENERALLY, YES, UH-HUH. (17) LITTLE DID GET OUT THERE, THAT 10 PERCENT, (20) Q AND THERE IS A SCHEDULE SET THERE FOR (18) UNFORTUNATELY IT'S THERE. (21) WHEN THE PYDRAULS, THE HYDRAULIC FLUIDS, (19) LET'S CONTROL IT IF IT DOES GET OUT. WOULD BE (20) IF IT DOES, NATURE CAN COPE WITH THE 90 (22) CHANGED OUT, REPLACE ALL (21) PERCENT. NON-BIODEGRADABLE (22) Q WHEN YOU WROTE TO JOHN DURLAND IN TOKYO (23) CHLORINATED BIPHENYLS IN THOSE PRODUCTS? (23) ON MAY 27TH, WHICH FOLLOWED THE CMC (24) AYES. MEETING BY 16 (25) Q OKAY. AND THE FOURTH POINT REFERS TO (24) DAYS, YOU SAID THE ONLY ONES THAT WERE NOT (26) TRANSFORMERS? DEGRADABLE (27) A IT DOES. (25) WERE 1221 AND 1242-B, THE DISTILLED 1242? (28) Q AND THE FIFTH POINT RELATES TO (26) AI WAS THINKING OF THE LABORATORY Page 1888 (1) CAPACITORS? (2) A IT DOES. (3) Q SPECIFIC TO CAPACITORS, RIGHT? (27) EXPERIMENTS IN WHICH THE MATERIALS DISAPPEARED, (28) TOTALLY, WITHOUT ANY OF THIS 10-PERCENT PORTION THAT (4) AYES. Page 1890 (5) Q AND THE SIXTH POINT IS, 'TERMINATE SALES (6) OF ALL NON-BIODEGRADABLE CHLORINATED BIPHENYLS IN (7) VARIOUS NON-CONTROLLABLE END USES, COMPLETE AUGUST (1) I TALKED ABOUT. (2) Q WHAT YOU DIDN'T TELL HIM WAS THE ONLY (3) AROCLORS WHICH AT THIS TIME ARE CONSIDERED (4) BIODEGRADABLE ARE AROCLOR 1221 AND 1242 BECAUSE AT (8) 30, 1970." (5) THAT TIME 1242 WAS NOT CONSIDERED (9) SO THREE, FOUR MONTHS AFTER THE DATE OF BIODEGRADABLE, (10) THIS MEETING? (6) RIGHT? (11) AYES. (7) A WELL, IT'S A MATTER, REALLY, OF (12) Q OKAY. WHERE DOES TURBINOL FIT IN HERE? (8) TERMINOLOGY AND COMMON USE WHEN PEOPLE (13) A IT DOESN'T FIT ANY OF THESE CATEGORIES. INVOLVED WITH (14) BECAUSE IT WAS MADE WITH A BIPHENYL THAT WAS (9) THIS ISSUE COMMUNICATE TO EACH OTHER. (15) CONSIDERED, AT THIS POINT IN TIME, AS (10) AND WHEN I TALKED IN THAT PARAGRAPH OR DEGRADABLE. (11) REFERRED IN THAT PARAGRAPH TO DEGRADATION, I (16) IS IT NOT A HYDRAULIC FLUID BY MONSANTO'S HAD IN (17) THINKING. (12) MIND THE LABORATORY TESTS THAT WERE DONE (18) IT IS NOT USED IN TRANSFORMERS OR WITH THOSE (19) CAPACITORS SO I WOULD SUGGEST THAT NONE OF (13) TWO MATERIALS THAT DEMONSTRATED TO US THAT THESE (20) POINTS APPLY TO TURBINOL. THEY DID (14) DEGRADE. (21) SO THAT BUSINESS IS LEFT ALONE. (15) WHEN I TALKED TO JOHN DURLAND, THAT IS (22) Q OKAY. NOW, DIDN'T YOU WRITE TO JOHN (16) THE MESSAGE I GAVE JOHN DURLAND. (23) DURLAND ON MAY 27TH, ABOUT A WEEK OR SO (17) BUT IN THE APPLICATION OF OUR PROGRAM, AFTER THIS (18) THE 1242 WAS CONSIDERED TO BE 90-PERCENT (24) MEETING, AND TELL HIM THAT THE ONLY DEGRADABLE AROCLORS THIS IS (19) AND UNDER CONTROLLED CONDITIONS IT WAS (25) NOW 160, MR. PAPAGEORGE, THE ONLY AROCLORS ACCEPTABLE. WHICH AT (26) THIS TIME ARE CONSIDERED BIODEGRADABLE ARE (20) THAT WAS THE MESSAGE WE WERE TRYING TO CONVEY. - AROCLOR (21) I DON'T KNOW IF WE EVER USED THOSE WORDS, (27) 1221 AND A FRACTIONALLY DISTILLED AROCLOR (22) BUT IT WAS UNDERSTOOD. 1242? (23) Q IF YOU WERE WRITING A MEMO TO JOHN (28) A YES, SIR, THAT'S THE TECHNICAL. Page 1889 (24) DURLAND TODAY IN 1993 RATHER THAN BACK MAY OF 1970 (1) Q SO TURBINOL WAS MADE WITH A (25) WHEN YOU WROTE IT TO HIM, WHAT YOU WOULD (2) NON-BIODEGRADABLE AROCLOR, IT WAS MADE WANT TO DO Page 1887 to Page 1890 Transwestern v. Monsanto WATER PCB-SD0000075828 ' BSA Trial Transcript [December 7,1993] XMAX(3) (26) IS SAY THE ONLY KNOWN AROCLORS WHICH AT THIS TIME ARE (27) CONSIDERED TO BE BIODEGRADABLE ARE 1221, A (25) Q OKAY. THE HYDRAULIC FLUIDS WHICH ARE (26) REFERRED TO IN POINT THREE OF THIS PLAN WERE MADE, (28) FRACTIONALLY DISTILLED 1242 AND PARTS OF REGULAR (27) SOME OF THEM, WITH 1242, RIGHT? (28) AYES. Page 1891 Page 1893 (1) 1242? (1) Q AND YOU KNEW THAT THERE WAS A CONCERN (2) AYES, AS DEMONSTRATED BY OUR RESEARCH WORK (3) IN THE LABORATORY. (2) THAT HYDRAULIC FLUIDS WHICH ARE UNDER HIGH PRESSURE (4) Q AND WHAT THE RESEARCH FROM THE LAB (3) IN HOSES COULD LEAK OUT BECAUSE THE HOSES (5) DEMONSTRATED BY MAY OF 1970 WAS THAT THE MIGHT (6) HIGHER-CHLORINATED PORTIONS OF 1242 (4) BREAK? WEREN'T (5) A THAT IS ONE IMPORTANT APPLICATION, YES, (7) DEGRADING? (6) SIR. (8) A THEY WERENT DEGRADING AS RAPIDLY AS WE (7) QSO YOU BELIEVE THAT IT WAS IMPORTANT TO (9) WOULD LIKE TO SEE THEM DEGRADE. (8) CONTROL THAT AND TO REPLACE THE (10) Q LOOK IF YOU WOULD, PLEASE, AT THIS MEMO, NON-BIODEGRADABLE (11) AGAIN. (9) PCB'S WITH SOMETHING ELSE BECAUSE YOU (12) AND YOU SAID THAT TURBINOL DIDN'T FIT WANTED TO AVOID (13) INTO ANY OF THESE APPLICATIONS. (14) HOW DID TURBINOL DIFFER FROM HYDRAULIC (10) THE CONTAMINATION CAUSED BY THOSE LEAKS, RIGHT? (15) APPLICATIONS? (11) AYES. (16) WHY DID YOU WANT TO PUT NON-CHLORINATED (12) Q OKAY. AND YOU KNEW THAT TURBINOL WAS (17) CHLORINATED BIPHENYLS IN HYDRAULIC (13) USED IN A HIGH-PRESSURE MACHINE, RIGHT? APPLICATIONS? (14) A YES, BUT THERE WERENT HOSES AND (18) HOW DOES TURBINOL DIFFER FROM THE (15) COUPLINGS AND THESE KINDS OF THINGS, AS I (19) HYDRAULIC APPLICATIONS? UNDERSTOOD (20) A IN THE MONSANTO ORGANIZATION THAT SOLD (16) THE SYSTEM. (21) BOTH OF THESE PRODUCTS IN ORDER TO COMMUNICATE AND BE (22) UNDERSTOOD BETWEEN THE PEOPLE INVOLVED (17) QSO FOR YOUR UNDERSTANDING OF THE SYSTEM (18) YOU RELIED ON NORM JOHNSON? (19) AYES. WHEN THEY (23) REFER TO HYDRAULIC FLUIDS IT AUTOMATICALLY MEANTTO ' (24) THEM PYDRAULS. (25) Q SURE. PYDRAULS THAT WERE MADE AT QUEENY? (20) Q OKAY. AND DIDN'T NORM JOHNSON TELL YOU (21) THAT IN ORDER TO MOVE THE TURBINOL AROUND THIS BIG (22) TURBINE AND COMPRESSOR THERE WERE HOSES AND PIPES AND (26) A CORRECT. (23) FLANGES? (27) NOW, WHEN WE REFER TO TURBINOL, THAT WAS (24) AI DIDN'T GET INTO THAT KIND OF DISCUSSION (28) CONSIDERED - YES, THAT IS ANOTHER PRODUCT WE (25) AT ALL. HANDLE, Page 1892 (1) BUT IT FITS IN THE CATEGORY, IN AND OF ITSELF, (26) Q OKAY. SO LOOK AT THE LAST POINT ON THAT (27) SIX-POINT PLAN. (28) IT SAYS, 'TERMINATE SALES OF ALL ALONG (2) WITH THE VACUUM FLUIDS AND OTHER TYPES OF Page 1894 (1) NON-BIODEGRADABLE CHLORINATED BIPHENYLS FLUIDS THEY TO VARIOUS (3) WERE ALSO RESPONSIBLE FOR. (4) SO WITHIN MONSANTO WHENEVER THE WORD (5) "HYDRAULIC FLUID" WAS USED, IT WAS NOT (2) NON-CONTROLLABLE END USES, COMPLETE AUGUST 30, (3) 1970." ASSOCIATED IN (4) WHAT USES WERE REFERRED TO IN POINT SIX? (6) A BUSINESS SENSE WITH TURBINOL. (5) A THOSE WERE THE USES THAT WE HAD TALKED (7) Q OKAY. WHAT IS THE DIFFERENCE BETWEEN (6) EARLIER ABOUT. (8) TURBINOL AND HYDRAULIC FLUIDS? (7) FOR EXAMPLE, THE USE IN PAINTS AND (9) A YOU MEAN CHEMICALLY? (10) Q NO, I MEAN, WHAT IS THE DIFFERENCE IN (8) VARNISHES, ADHESIVES, CALKING AND SEALANTS, (9) PLASTICIZER FOR PLASTICS AND RUBBER. (11) YOUR MIND AS TO WHY THE CMC SAID REPLACE (10) I'M SURE THERE ARE OTHERS. I CAN'T THINK ALL (12) NON-BIODEGRADABLE CHLORINATED BIPHENYLS (11) OF THEM AT THE MOMENT. (12) Q IS TURBINOL THE ONLY MONSANTO PRODUCT AND IN (13) HYDRAULIC APPLICATIONS BUT TURBINOL ISN'T NOT (13) COVERED BY THAT SIX-POINT PLAN? COVERED BY (14) AI CAN'T REMEMBER AT THE MOMENT. (14) ANY POINT ON THIS LIST? (15) WHAT IS THE FUNCTIONAL DIFFERENCE BETWEEN (15) I'M THINKING OF THE VACUUM FLUID, (16) SANTOVAC. (16) TURBINOL AND HYDRAULIC FLUIDS? (17) I CANT RECALL ANY OTHER. (17) A I'M NOT AN EXPERT IN THAT KIND OF (18) Q SO YOU THINK SANTOVAC MIGHT BE A PRODUCT (18) MACHINERY. SO I CAN'T REALLY ADDRESS THE FUNCTIONAL (19) NOT COVERED BY THIS AND TURBINOL. ANYTHING ELSE? (19) DIFFERENCE. (20) THEY DO - THEY ARE USED IN EQUIPMENT. (21) THERE IS LUBRICATION INVOLVED. (20) AI CANT RECALL ANY OTHER. (21) Q SO OUT OF THE PRODUCTS THAT MONSANTO MADE (22) THAT IS REALLY ALL I KNOW. (23) I DON'T KNOW THAT I CAN ADDRESS IT (22) AS OF MAY, 1970, YOU CAN'T RECALL ANY OTHER PRODUCTS (24) PROPERLY. (23) NOT COVERED BY THE SIX-POINT PLAN EXCEPT Transwestern v. Monsanto Page 1890 to Page 1894 WATER PCB-SD0000075829 BSA Trial Transcript [December 7,1993] XMAX(4) SANTOVAC AND (24) TURBINOL? (25) A THAT'S CORRECT. (26) Q LETS TALK ABOUT SANTOVAC FOR JUST A (27) MOMENT. (28) SANTOVAC, VACUUM PUMP FLUIDS? Page 1895 (1) ARIGHT. (2) Q EACH PUMP WOULD USE ANYWHERE FROM A (23) THAT A SALES BROCHURE THAT MONSANTO PUT OUT REGARDING (24) TURBINOL, A FIRE-RESISTANT LUBRICANT? (25) A I WOULD - THAT IS ONE TERMINOLOGY THAT (26) COULD BE USED. (27) IT COULD BE CALLED A TECHNICAL BULLETIN. (26) IT COULD BE JUST A PRODUCT BULLETIN Page 1897 (1) RATHER THAN JUST SALES BULLETIN. QUART (3) TO A GALLON OF THE FLUID IN ITS PROCESS? (4) A TO MY UNDERSTANDING. (5) Q IN THAT PROCESS THE VACUUM PUMP WOULD (6) DRAW THE FLUID IN. NOT MUCH OF A RISK OF IT (2) Q OKAY. BASED ON YOUR EXPERIENCE WITH (3) MONSANTO, WOULD YOU EXPECT THAT SALESMEN WOULD (4) PROVIDE THIS TO CUSTOMERS TO ASSIST IN MAKING A SALE? GETTING (7) OUT, RIGHT? (8) A IT'S CONSIDERED CONTROLLABLE. THAT HELPS (9) CONTROL IT. (10) Q AND A CHARGE OF SANTOVAC IN A VACUUM PUMP (11) YOU THINK WOULD LAST ONE TO TWO YEARS, RIGHT? (12) AYES. (13) Q NOT MUCH OF AN OPPORTUNITY FOR (5) A CERTAINLY, TO ANSWER QUESTIONS A CUSTOMER (6) MIGHT HAVE. (7) Q TO YOUR KNOWLEDGE, THIS BULLETIN WAS (8) FIRST USED BY MONSANTO STARTING IN ABOUT SEPTEMBER OF (9) 1970? (10) A SEPTEMBER? (11)1 DON'T RECALL THE DATE. (12) Q DO YOU THINK IT WAS IN 1970? (13) AI BELIEVE SO, BUT I'M NOT CERTAIN. (14) REPLACEMENT SALES BECAUSE THE INITIAL STUFF YOU PUT (15) IN THE VACUUM PUMP WOULD STAY THERE FOR (14) MR. TALLON: YOUR HONOR, AT THIS TIME (15) TRANSWESTERN WOULD LIKE TO READ AN INTERROGATORY AND ONE OR TWO (16) YEARS? (16) ITS RESPONSE WITH RESPECT TO THIS EXHIBIT. (17) THE COURT: LADIES AND GENTLEMEN, AN (17) A THAT'S TRUE. (18) Q YOU KNEW THAT MONSANTO KEPT SELLING (18) INTERROGATORY IS A WRITTEN STATEMENT OR A QUESTION, MORE (19) AND MORE TURBINOL EVERY YEAR, RIGHT? (19) ACTUALLY, PUT TO A PARTY BEFORE THE TRIAL AND (20) ANSWERED BY THAT PARTY UNDER OATH. (20) AYES. (21) Q SO YOU KNEW THAT IT WAS GETTING USED UP? (22) A YOU WILL HAVE TO HELP ME WITH THE WORD (21) YOU MAY CONSIDER THE QUESTION AND ANSWER (22) JUST AS IF IT HAD BEEN GIVEN HERE IN TRIAL AND THE (23) "USED UP." (23) PARTY INVOLVED BEING MONSANTO, THE (24) THIS DOESN'T TELL ME ANYTHING. (25) ALL I KNOW IS THAT THEY NEEDED MORE (26) FLUID. (27) THIS DOESN'T TELL ME THAT THE REASON FOR (28) THAT IS INVOLVED WITH SOME PART OF THE OPERATION IN Page 1896 DEFENDANT IN THE (24) MATTER. (25) GIVE COUNSEL THE INTERROGATORY CITATION (26) SO THEY CAN REFERENCE IT. (27) MR. TALLON: THIS IS INTERROGATORY NUMBER 336. (28) EXHIBIT 80 IS A COPY OF THE DOCUMENT PRODUCED BY (1) WHICH IT'S COVERED AND PROPERLY HANDLED. Page 1898 (2) IT DOESN'T TELL ME IT RESULTED IN A (3) REPAIR WHERE THE PARTS OF THE SYSTEM HAD TO (1) MONSANTO TO TRANSWESTERN IN THIS ACTION AS TRAN BE , (4) DRAINED. (5) IT WAS COLLECTED PROPERLY AND DISPOSED OF (2) 001387 THROUGH TRAN 001394 ENTITLED "FACTS ABOUT FIRE (3) RESISTANT LUBRICANTS." (6) PROPERLY. (4) (READING.) (7) IT REALLY DOESN'T TELL YOU AN AWFUL LOT (8) ABOUT WHERE THE MATERIAL WENT. (9) Q OKAY. BUT I TAKE IT YOU WOULD (10) ACKNOWLEDGE, MR. PAPAGEORGE, IF YOU CONTINUED TO SELL (11) A PRODUCT EVERY YEAR TO A CUSTOMER THAT ONE OF THE (12) POSSIBILITIES IS YOU ARE SELLING IT BECAUSE THEY HAVE (13) TO REPLACE STUFF THAT YOU HAVE ALREADY SOLD THEM? (14) A WELL, THAT ISN'T A POSSIBILITY. (15) THAT IS AN ACTUALITY. (16) YOU HAVE SOLD MATERIAL, NOW YOU ARE (17) SELLING MATERIAL. NO NEW SYSTEM IS INVOLVED, (5) "QUOTE: STATE THE DATE WHEN (6) EXHIBIT 80 WAS FIRST DISSEMINATED (7) OUTSIDE OF MONSANTO. (8) "RESPONSE: MONSANTO RESPONDS 0) THAT IT BELIEVES THAT THIS (10) DOCUMENT WAS FIRST DISSEMINATED (11) OUTSIDE MONSANTO SOMETIME ON OR (12) ABOUT SEPTEMBER, 1970 AFTER TEXAS (13) EASTERN AUTHORIZED THE USE OF (14) EXPERIMENTS FROM THE EARL FARMER (15) ARTICLE THAT APPEARED IN THE (16) JOURNAL OF THE SOCIETY OF THE (17) AMERICAN LUBRICATION ENGINEERS (18) REFERENCED IN RESPONSE TO ANOTHER (19) INTERROGATORY." SO IT (18) MUST BE A REPLACEMENT. (19) Q LETS LOOK AT 162, IF YOU WOULD, PLEASE, (20) Q MR. PAPAGEORGE, WHILE I WAS TALKING, DID (21) YOU GET AN OPPORTUNITY TO LOOK THROUGH THIS? (20) MR. PAPAGEORGE. (22) A A LITTLE BIT, YES. (21) AI HAVE IT. (22) Q THAT IS A - BASICALLY WOULD YOU CALL (23) Q OKAY. LET ME ASK YOU A QUESTION. (24) THERE IS NOT ONE WORD IN THIS TECHNICAL Page 1894 to Page 1898 Transwestern v. Monsanto WATER PCB-SD0000075830 ' BSA Trial Transcript [December 7,1993] (25) BULLETIN ABOUT ENVIRONMENTAL CONTAMINATION, RIGHT? * (26) A THAT IS CORRECT. (27) Q AND THE WORDS "POLYCHLORINATED BIPHENYL" (28) ARE NOT USED IN THIS TECHNICAL BULLETIN OR SALES Page 1899 (1) BROCHURE, RIGHT? (2) A THAT IS CORRECT. (3) Q IN FACT, THE WORD "CHLORINATED" DOESN'T (4) APPEAR IN THIS BROCHURE? (5) A YOU ARE RIGHT. (6) Q OKAY. THERE IS NOTHING IN HERE ABOUT THE (7) TERM "AROCLOR OR AROCLOR 1242," RIGHT? (8) A THAT IS RIGHT. (9) Q THE INFORMATION THAT IS IN THIS DOCUMENT (10) IS INFORMATION THAT YOU WOULD EXPECT A BUYER OF THIS (11) PRODUCT TO WANT TO KNOW ABOUT LIKE ITS VISCOSITY AND (12) ITS POUR POINT, RIGHT? (13) A SURE. (14) Q BUT NOTHING ABOUT PCB'S? (15) A NOT IN THIS PARTICULAR DOCUMENT, NO. (16) Q DO YOU KNOW WHAT W-A-R-F STANDS FOR, (17) MR. PAPAGEORGE? (18) AYES, SIR. (19) Q ITS WARF, RIGHT? (20) A THAT IS THE PRONUNCIATION OF THE ACRONYM, (21) YES, SIR. (22) Q WHAT DOES IT STAND FOR? (23) A WISCONSIN ALUMNI RESEARCH FOUNDATION. (24) Q AND IN JULY OF 1970 YOU HAD A DISCUSSION (25) WITH MR. JOHN BIRDSALL FROM WARF OR THE WISCONSIN (26) ALUMNI RESEARCH FOUNDATION? (27) AYES, IN JULY, YES. (28) Q LOOK FOR A MOMENT, IF YOU WOULD, PLEASE, Page 1900 (1) AT TRANSWESTERN 171. (2) AI HAVE REVIEWED THE DOCUMENT. (3) Q THAT IS A COPY OF A MEMO THAT YOU SENT TO (4) JOHN MASON IN JULY OF 1970, RIGHT? (5) AYES. (6) Q AND IN THIS MEMO YOU ARE DISCUSSING WITH (7) MR. MASON THE CONTACT THAT YOU GOT FROM JOHN BIRDSALL (8) AT WARF, RIGHT? (9) ARIGHT. (10) Q NOW, WHAT MR. BIRDSALL TOLD YOU WAS A (11) TANK TRUCK THAT HAD BEEN CARRYING SOME MILK HAD (12) TURNED BLUE, RIGHT? (13) AYES. (14) Q AND THE BLUE MILK WAS TESTED AND IT (15) TESTED POSITIVE FOR PCB'S, RIGHT? (16) AYES. (17) Q AND MR. BIRDSALL DID SOME DETECTIVE WORK (18) AND HE FOUND OUT THAT THAT SAME TANK TRUCK THAT HAD (19) CARRIED THE MILK ALSO WAS USED TO CARRY THE BLUE (20) STUFF THAT NCR USED TO MAKE CARBONLESS COPY PAPER, (21) RIGHT? (22) A WELL, IT CARRIED THE MATERIAL THAT FORMS (23) THE COATING ON THE PAPER. (24) WITHIN THAT MATERIAL WAS THE BLUE INK. (25) Q AND THAT MATERIAL CONTAINED AROCLOR 1242, (26) RIGHT? (27) A THAT IS RIGHT. (28) Q OKAY. AND MR. BIRDSALL WAS REPORTING TO Transwestern v. Monsanto XMAX(5) Page 1898 to Page 1900 WATER PCB-SD0000075831 BSA Trial Transcript [December 7,1993] XMAX{6) Page 1901 (26) Q MR. PAPAGEORGE, I WANT TO TOUCH ON THAT (1) YOU THAT HE WASN'T SURE WHETHER OR NOT THESE PEOPLE (2) KNEW THEY WERE DEALING WITH PCB'S AT THE (27) POINT ABOUT THE 60-DAY PERIOD FOR A SECOND. (28) I'M GOING TO SHOW YO'U EXHIBIT 112, PAGE Page 1903 COATING (3) PLANT, RIGHT? (1) 733, AND JUST ASK YOU WHETHER THAT REFRESHES YOUR (4) ATHATS MR. BIRDSALL'S CONCLUSION, YES. (5) Q AND WHAT YOU WERE TELLING MR. MASON IN (2) RECOLLECTION THAT IN THE FALL OF '69, NOVEMBER OF (6) YOUR MEMO TO HIM OF JULY, 1970, WAS THAT YOU DIDNT (7) THINK THAT BIRDSALL REALIZED HE HAD (3) '69, THE CMC WAS TOLD THAT LABEL CHANGES WOULD BE (4) MADE WITHIN 60 DAYS. STUMBLED ON NCR'S (8) AROCLOR APPLICATION AS A MAJOR ONE, NOR (5) A THIS IS A COPY OF THE INFORMATION THAT (6) WAS SHARED WITH THE CMC IN NOVEMBER. DID HE (9) INDICATE IN ANY WAY THAT HE HAD ACCIDENTLY (7) I DON'T RECALL THAT SPECIFIC 60 DAYS (8) BEING MENTIONED IN THE CONCLUSION THAT IS DISCOVERED (10) A USE THAT MONSANTO WAS KEEPING SECRET, REFLECTED . (9) IN THE MINUTES OF THE MEETING WHERE THE CMC RIGHT? (11) A YEAH, I WAS QUOTING MR. BIRDSALL. (12) Q WERE YOU QUOTING MR. BIRDSALL WHEN YOU AGREED TO (10) THIS 12-POINT PROGRAM. (11) THAT IS THE KEY DOCUMENT. (13) SAID THAT - NOR DID HE INDICATE IN ANY WAY THAT HE (14) HAD ACCIDENTALLY DISCOVERED A USE THAT (12) THIS IS ONLY A RECOMMENDATION. (13) QUH-HUH. (14) DOES LOOKING AT THAT EXHIBIT REFRESH YOUR MONSANTO WAS (15) KEEPING SECRET? (15) RECOLLECTION THAT A RECOMMENDATION WAS MADE TO THE (16) A YEAH, HE DIDNT TELL ME, "HEY, I THINK (16) CMC THAT LABELS BE CHANGED WITHIN 60 DAYS? (17) YOU GUYS ARE KEEPING IT A SECRET. YOU ARE NOT (17) A IT DOES. (18) TELLING PEOPLE." HE DIDNT SAY THAT. (19) Q RIGHT. YOU SAID THAT TO MR. MASON? (18) BUT THE EMPHASIS WAS PLACED ON THE (19) LETTER, THE FIRST PART OF THAT, WITHIN THE (20) AI SAID THAT MR. BIRDSALL DIDNT PERCEIVE 60-DAY (21) THE SITUATION IN THAT LIGHT, AS SOMETHING MONSANTO IS , (22) KEEPING A SECRET AND NOT TELLING PEOPLE. (20) PERIOD. (21) Q THANK YOU. (22) SO IN APRIL YOU STARTED WORKING ON (23) Q I SEE. (24) LETS TALK ABOUT LABELS FOR A SECOND, (25) MR. PAPAGEORGE. (26) AT THE CMC MEETING IN FALL OF 1969, THAT (23) LABELING AND TURN, IF YOU WOULD, PLEASE, (24) MR. PAPAGEORGE, TO EXHIBIT 139. (25) THAT IS YOUR MEMO TO A GROUP OF PEOPLE (26) DATED APRIL 13,1970, TITLED "AROCLOR (27) WAS THE MEETING WHERE THE CMC DECIDED TO LABELING," GIVE YOU (27) RIGHT? (28) YOUR JOB, RIGHT?_________________________________ (28) A THAT IS CORRECT. Page 1902 Page 1904 (1) AYES, SIR. (1) Q THAT IS YOUR SIGNATURE DOWN AT THE (2) Q OKAY, THE FOLKS WHO WERE REPRESENTING (2) BOTTOM? (3) THE AFFECTED BUSINESS GROUPS, THE PCB (3) A IT IS. BUSINESS (4) Q OKAY. THAT IS TRANSWESTERN 139, AS I (4) GROUPS, SAID, "WE ARE GOING TO RE-LABEL (5) THINK I MAY HAVE SAID. PRODUCTS IN (6) IN YOUR MEMO YOU REFER TO - WAIT A (5) 60 DAYS," RIGHT? (7) MINUTE. (6) A NO, THAT WAS BROUGHT UP YESTERDAY IN OUR (8) BY THE WAY, ONE OF THE PERSONS WHO GETS (7) DISCUSSION. (9) THIS MEMO IS D. A. OLSON. IS THAT DON OLSON? (8) I HAVE PERSONALLY A DIFFICULTY (10) AYES. (9) REMEMBERING A 60-DAY TARGET. I NEED SOME HELP (11) Q WHAT WAS HIS JOB THEN? IN (10) REFRESHING MY MEMORY ON THAT. (12) A HE WAS THE DIRECTOR OF MARKETING FOR (13) FUNCTIONAL FLUIDS. (11) Q LET ME SEE IF WE CAN FIND A DOCUMENT (12) WHILE I AM ASKING YOU SOME QUESTIONS. (13) IN ANY EVENT, NO LABEL CHANGES WERE MADE (14) Q AND WHAT YOU ARE REPORTING TO THE FOLKS (15) THAT YOU ARE SENDING THIS MEMO TO IS THAT THERE WAS A (14) UNTIL YOU GOT IN THE JOB. (15) AND IN APRIL YOU STARTED TALKING TO (16) MEETING ON APRIL 3RD, PHOCIAN PARK HAS PROPOSED SOME (16) PEOPLE ABOUT ACTUALLY MAKING SOME LABEL (17) WORDING FOR A PARAGRAPH AND HERE IT IS, CHANGES? PLEASE (17) AIN EARLY APRIL THE DECISION WAS MADE AND (18) COMMENT. (18) WE STARTED DURING APRIL TO COME UP WITH THE (19) A IN ESSENCE, YES. PROPER (20) WHAT HAPPENED AT THE APRIL 3RD MEETING (19) WORDS, PROPER EXPRESSIONS. (20) IT WAS MAY BY THE TIME THE LABELS WERE (21) THE GROUP WHICH CONSISTED OF THE PEOPLE WHO RECEIVED (21) PRINTED AND AVAILABLE AT THE FACTORIES TO PUT (22) THIS MEMORANDUM PLUS THEIR LIEUTENANTS ON THE ATTEMPTED AS A (22) CONTAINERS. (23) Q OKAY. YOU TALKED TO PHOCIAN PARK AND YOU (23) LARGE GROUP TO COME UP WITH A STATEMENT AND THIS WAS (24) AND HE WORKED ON SOME WORDING? (24) WRITTEN ON THE BLACKBOARD. (25) A WE WAS ONE PERSON I TALKED TO, YES. (25) BECAUSE THE GROUP WAS SO LARGE IT REALLY Page 1901 to Page 1904 Transwestern v. Monsanto WATER PCB-SD0000075832 ' BSA Trial Transcript [December 7,1993] XMAX(7) (26) NEEDED SOME IMPROVEMENT. (27) IT GOT TOO GARBLED. (23) PERIOD OF TIME, WILL ELIMINATE THE NECESSITY FOR THIS (28) SO MR. PARK OFFERED TO TAKE THE WORDING (24) PARAGRAPH." Page 1905 (1) THAT WAS GENERATED AT THE MEETING AND IN THE QUIET OF (2) HIS OFFICE SIT DOWN AND PUT A SHORTER STATEMENT (25) A HE DOES SAY THAT, YES, SIR. (26) Q AND AT THIS PERIOD OF TIME MONSANTO WAS (27) WORKING ON REFORMULATING OR REMAKING THE PYDRAULS TO (28) ELIMINATE THE PCB COMPONENTS, RIGHT? (3) TOGETHER. OTHERWISE, WE WOULD NEED TOO BIG A PIECE Page 1907 (1) A THAT IS RIGHT. (4) OF PAPER TO PUT IT ALL ON. (2) Q AND SO WHAT YOU UNDERSTOOD DON OLSON TO (5) THAT IS WHAT I REFERRED TO WHEN I SAID (6) PHOCIAN PARK OFFERED TO WORK ON THE (3) BE TELLING YOU IS, "LETS NOT PUT THE LABEL ON HERE APPROPRIATE (4) BECAUSE WE ARE GOING TO MAKE THESE (7) WORDING. (8) AND HE DID THAT AND CAME UP WITH THIS NON-PCB PRODUCTS (5) PRETTY SOON," RIGHT? (9) PARAGRAPH AND THEN I WAS ASKING FOR, REALLY FOR (6) A NO, HE IS NOT SAYING THAT. (7) HE IS SAYING, LET US USE THE STOCK OF (10) COMMENTS ON THIS WORDING AS EACH INDIVIDUAL (8) LABELS WE HAVE ON THE PYDRAUL PRODUCTS PERCEIVED WHILE THEY ARE (11) IT. (12) Q THIS PARAGRAPH YOU SAY, THIS ADDITIONAL (9) UNDERGOING CHANGE AND PUT ON A STICK-ON LABEL WITH (13) WORDING INTENDED FOR PACKAGES CONTAINING AROCLORS (10) THE MESSAGE - IN OTHER WORDS, HE IS TALKING THERE (14) 1242,1248,12 - AND SO ON AND SOME MONTARS, RIGHT? (11) ABOUT REDESIGNING THE LABEL IN TOTAL, NOT ADDING (15) AYES. (16) Q IT DOESN'T SAY ITS INTENDED FOR (12) ADDITIONAL INFORMATION ON THE PRODUCT'S PACKAGE. (17) PRODUCTS, RIGHT? . (18) A NO, IT'S PACKAGES CONTAINING, WHETHER IT (19) WAS A HUNDRED-PERCENT 1242 OR SOME LOWER (13) Q SO WHEN YOU READ THIS PARAGRAPH, IT SAYS, (14) "WE WOULD NOT LIKE TO SEE THIS LABEL ADOPTED TO THE PERCENT, FOR (20) EXAMPLE. (21) Q TURN THE PAGE THERE FOR A SECOND, (22) MR. PAPAGEORGE. (23) THAT IS A LABEL FOR AROCLOR 1260, RIGHT? (15) PYDRAUL LINE," WHAT YOU THINK HE IS SAYING IS, "LETS (16) NOT REDESIGN THE LABEL. LETS USE THE STICK-ON LABEL (17) ORA STICK-ON LABEL"? (24) A IT IS. (25) Q THE BARREL WITH THIS LABEL ON IT WOULD BE (26) A PACKAGE CONTAINING AROCLOR 1260, RIGHT? (27) AYES. (28) Q SO YOU WERE SOLICITING COMMENTS FROM THE (18) A YES, YES. (19) Q YOU DON'T READ THIS TO SAY, "LETS NOT (20) PUT THAT STUFF, THAT WORDING, ON THERE BECAUSE THAT (21) COULD SCARE AWAY CUSTOMERS"? Page 1906 (1) PERSONS TO WHOM YOU SENT THAT MEMO, YOU KNOW, WHAT DO (2) YOU THINK, DO YOU HAVE ANY FURTHER CHANGES? (3) A CORRECT. (4) Q TAKE A LOOK AT TRANSWESTERN 143, IF YOU (5) WOULD, MR. PAPAGEORGE. (6) ONE OF THE PEOPLE WHO REPLIED TO YOUR (7) MEMO ASKING FOR COMMENTS WAS MR. OLSON, (22) A NO, NO, SIR. (23) Q OKAY. SO WOULD YOU EXPECT THAT AFTER (24) MR. OLSON'S MEMO, STICK-ON LABELS WERE PUT ON (25) PYDRAULS? (26) A YES, DEFINITELY. (27) Q TAKE A LOOK AT TRANSWESTERN 159 FOR A (28) MOMENT, WOULD YOU? " ' Page 1908 (1) AI HAVE REVIEWED THE DOCUMENT. THE DIRECTOR (2) Q THAT IS YOUR MEMO DATED MAY 27,1970 (8) OF MARKETING? (9) AYES. (10) Q HE SENT YOU A MEMO DATED APRIL 20 ABOUT (11) AROCLOR LABELING, RIGHT? (3) TITLED "PCB ENVIRONMENTAL PROBLEM, MAY SUMMARY," (4) RIGHT? (5) AYES. (12) AYES. (13) Q AND HE SAYS, 'WE ARE IN AGREEMENT WITH (14) THE PROPOSED ADDITIONAL LABEL PARAGRAPH (6) Q AND YOU SENT IT TO YOUR BOSSES, HOWARD (7) BERGEN, AND IS IT JIM OR JAMES SPRINGGATE? (8) A JAMES. RELATING TO (15) PCB'S FOR ELECTRICAL GRADE AND (9) Q AND TAKE A LOOK AT THE LAST PARAGRAPH ON (10) PAGE 1, WOULD YOU. NON-ELECTRICAL GRADE (11) WHAT YOU TELL THEM IN THIS MEMO, AMONG (16) AROCLORS," RIGHT? (17) AYES. (18) Q AND HE GOES ON TO SAY, WE WOULD NOT LIKE (19) TO SEE THIS LABEL ADAPTED TO THE PYDRAUL LINE." (20) HE SAYS TO YOU, "I THINK THIS IS A (21) REASONABLE APPROACH SINCE WE ARE GOING (12) OTHER THINGS IN THAT PARAGRAPH, "PYDRAUL labels Will (13) NOT BE CHANGED SINCE ALL WILL BE REFORMULATED," (14) RIGHT? (15) A THAT'S RIGHT. (16) Q YOU DIDN'T TELL THEM, HOWEVER, WE ARE THROUGH A (22) REFORMULATION OF ALL OF OUR PRODUCTS (17) GOING TO PUT ON A STICKER LABEL? (18) A OH, THEY KNEW THAT ALREADY. WHICH, OVER A (19) Q YOU DIDN'T SAY IT IN THE MEMO, DID YOU? Transwestern v. Monsanto Page 1904 to Page 1908 WATER PCB-SD0000075833 BSA Trial Transcript [December 7,1993] XMAX(8) (20) A NOT IN THIS MEMO, NO. (21) Q DID YOU EVER SEE A MEMO WHERE YOU SAID (22) THAT? (23) A NO. IT MUST HAVE BEEN A MEMORANDUM WHERE (20) Q IN FACT, THE TURBINOL LABEL WAS NEVER (21) REPRINTED TO CONTAIN THAT STATEMENT WE SAW; ISN'T (22) THAT RIGHT? (24) INSTRUCTIONS WERE GIVEN TO THE PLANTS TO (23) A THAT'S TRUE. APPLY THIS (25) PARAGRAPH LABEL ON ALL PACKAGES LEAVING THE PLANT OF (24) BECAUSE THE SUPPLY OF LABELS FAR EXCEEDED (25) THE NUMBER OF PACKAGES THAT WERE BEING FILLED. (26) MATERIAL THAT CONTAINED PCB'S, (27) Q TAKE A LOOK AT 145, PLEASE, (26) Q TAKE A LOOK AT TRANSWESTERN 41, IF YOU (27) WOULD, PLEASE, MR. PAPAGEORGE. (28) MR. PAPAGEORGE. (28) A WHAT IS THAT NUMBER AGAIN, SIR? Page 1909 (1) AI HAVE IT. (2) Q ON THE LOWER LEFT-HAND CORNER OF THE (1) Q 41. (2) A 41. Page 1911 (3) DOCUMENT AND GOING OVER TO THE SECOND (3) Q IT'S PROBABLY IN THE FIRST BINDER. PAGE OF THE (4) EXHIBIT THERE IS SOME HANDWRITING. (5) CAN YOU IDENTIFY THAT? (4) THAT IS THE LABEL PRINTING HISTORY FOR (5) TURBINOL, RIGHT? (6) AI DON'T KNOW IF IT'S A LABEL HISTORY. (6) A IDENTIFY IN WHAT WAY? (7) Q DO YOU KNOW WHOSE HANDWRITING IT IS? (8) A NO, I DON'T. (9) Q THEN WHY DON'T YOU LOOK AT 146 INSTEAD. (10) AI HAVE IT. (11) Q OKAY. THAT IS YOUR MEMO TO ROBERT SIDO. (7) IT'S A DOCUMENT THAT REFERS TO SOME (8) PROPOSED WORDING FOR A LABEL. (9) Q OKAY. ITS DATED 10-19-67. (10) IT SAYS TURBINOL-153. IT DESCRIBES THE (11) LABEL, RIGHT? (12) AYES. (12) LETS SEE IF WE CAN BACK THAT UP A LITTLE BIT, ROBERT (13) SIDO DATED APRIL 28,1970, RIGHT? (14) A CORRECT. (15) Q AND WHAT YOU ARE TELLING MR. SIDO IN THIS (16) MEMO IS, ADD THIS ADDITIONAL WORDING THAT IS (13) Q AND IT SAYS, IT WAS PRINTED 12-2-69, (14) RIGHT? (15) AYES. (16) Q AND THERE IS NO RECORD THAT THAT TURBINOL (17) LABEL WAS EVER REPRINTED TO INCLUDE THAT LANGUAGE IN THIS (17) PARAGRAPH FOR PACKAGES CONTAINING THE AROCLORS WHICH (18) ARE LISTED AND MONSANTO, RIGHT? (18) THAT WE LOOKED AT A FEW MOMENTS AGO, RIGHT? (19) A IT WAS NEVER INTENDED TO. (20) IT WAS THE STICK-ON LABEL THAT WAS (19) AYES. (20) Q IT DOESN'T SAY PUT IT ON THE PYDRAULS OR (21) PUT IT ON SANTOVAC, IT SAYS, "PUT IT ON PACKAGES (22) CONTAINING THE AROCLORS," RIGHT? (21) INTENDED TO SERVE THAT PURPOSE. (22) Q THE STICK-ON LABEL, DO YOU CALL THAT THE (23) SUPPLEMENTAL LABEL, AT ALL? (24) A THAT IS ANOTHER EXPRESSION WE USED, (25) YES. (23) A THE PYDRAULS AND ALL OF THESE CONTAINED (24) THESE MATERIALS. (25) THESE ARE THE BASIC MATERIALS THAT (26) Q IN FACT, WASN'T THE SUPPLEMENTAL LABEL (27) FOR A ONE-TIME USE? (28) A NO,_________ (26) REQUIRED THAT LABEL. (27) AND WHETHER THEY ARE THERE AT A HUNDRED (28) PERCENT OR 10 PERCENT, THIS LABEL WAS TO BE APPLIED. Page 1912 (1) Q DIDN'T YOU INSTRUCT THAT 6,000 COPIES OF (2) THE SUPPLEMENTAL LABEL SHOULD BE MADE TO PUT ON GOODS Page 1910 (1) Q WHAT WAS MR. SIDO'S JOB? (2) A HE WAS MONSANTO'S - I'M GOING TO CALL (3) AT INVENTORY AND THAT WAS A ONE-TIME USE? (4) A I THINK I KNOW THE MEMORANDUM YOU HAVE IN (5) MIND. (3) HIM THE CUSTODIAN OF THE LABEL LIBRARY, THE (6) THAT IS A MISUNDERSTANDING OF WHAT WAS RECORDS (4) OF ALL MONSANTO PRODUCT LABELS. (5) Q HOW WOULD MR. SIDO KNOW WHAT PRODUCTS TO (6) PUT THE LABELS ON? (7) INTENDED. (8) Q WHY DON'T YOU LOOK AT IT? (9) A THE ONE-TIME USE REFERRED TO THE FACT (10) THAT THIS WILL BE A ONE-TIME SITUATION WHERE THERE IS (7) A HE WOULD KNOW. (8) HE WOULD SUPPLY THE STICK-ON LABEL TO THE (11) PACKAGES OF PRODUCT IN THE WAREHOUSES THAT MONSANTO (9) PLANTS AND THEY WOULD KNOW WHICH PACKAGE TO PUT IT (10) ON. (12) PLANS AND ELSEWHERE THAT WERE PACKAGED BEFORE THIS (13) NEW LABEL WAS AVAILABLE. (11) WHEN IT CAME TIME TO USE THE WORDING HERE (14) THE IDEA WAS TO GO OUT AND FIND THOSE (12) TO IMPRINT IT ON A LABEL OF A PRODUCT THAT WAS (15) PACKAGES AND PUT THIS NEW LABEL ON THEM. SOLD (13) UNDER A DIFFERENT TRADE NAME, I'M THINKING, NOW, SAY, (14) OF THERMINOLS, THE HEAT TRANSFER FLUIDS, HE (16) THAT IS WITH THE ONE-TIME EXERCISE. (17) THIS DOES NOT SAY THAT THAT ADDITIONAL (18) LABEL WOULD NOT BE USED FOR PRODUCTS WHOSE OLD LABELS WOULD BE (15) TOLD THIS BELONGS ON THE THERMINOL LABEL. (19) WOULD STILL BE USED WHICH DIDN'T CONTAIN THIS (20) MESSAGE. (16) Q SO WOULD YOU EXPECT HIM TO KNOW WHAT (17) PRODUCTS IT SHOULD GO ON? (18) A EVENTUALLY, YES. (19) THAT IS PART OF HIS JOB. (21) Q WHY NOT JUST REPRINT IT? (22) WHY NOT JUST REPRINT THE TURBINOL LABEL (23) AND PUT THE ENVIRONMENTAL STICKER ON IT? (24) A WHY NOT JUST USE THOSE LABELS WITH THE Page 1908 to Page 1912 Transwestern v. Monsanto WATER PCB-SD0000075834 ` BSA Trial Transcript [December 7,1993] XMAX(9) (25) STICK-ON IF IT ACCOMPLISHES THE SAME PURPOSE? A PILE OF (26) Q IT SURE WASN'T COST, WAS IT? (19) TURBINOL LABELS HERE AND A PILE OF STICK-ON (27) A NO, IT'S NOT A COST. LABELS (28) YOU HAVE TO BE CAREFUL WITH LABELS (20) HERE? Page 1913 (21) AI DON'T KNOW,THAT THAT IS - IT IS (1) BECAUSE THE OPERATORS WHO DO ALL THE (22) EASIER, BUT NOT THAT SIGNIFICANT. LABELING AND (23) THAT IS A SIMPLE STEP, REALLY. (2) DRUM FILLING AND WHAT HAVE YOU DEAL WITH SO (24) THEY STORE THE TURBINOL, THE OLD TURBINOL MANY (25) LABEL IN A LITTLE BOX LIKE IN THE POST OFFICE. (3) LABELS, YOU WANT TO AVOID AN ACCIDENTAL (26) RIGHT NEXT TO THEM ARE THESE STICK-ON SITUATION (27) LABELS. THEY GRAB BOTH BUNDLES AND PUT THEM (4) WHERE A WRONG LABEL IS PUT ON A PACKAGE AND ON THEIR THE MORE (28) WORKTABLE. _________________________________ (5) YOU BURDEN THAT SYSTEM WITH CHANGES AND Page 1915 COMPLICATIONS (1) AS THE DRUMS ARE FILLING OR BEING FILLED, (6) THE GREATER THE RISK FOR AN ERROR OCCURRING. (2) THEY APPLY THEM, NO PROBLEM. (7) SO IF YOU CAN ACCOMPLISH THE MESSAGE BY (3) Q AND YOU COULD ELIMINATE THE PROBLEM OF (8) AN ADDITIONAL STICK-ON USING THE AVAILABLE (4) ACCIDENT ALL TOGETHER IF THEY DIDN'T HAVE TO LABEL, PUT TWO (9) THAT IS THE WISEST WAY TO GO. (5) LABELS ON. (10) Q HELP ME ON THAT, MR. PAPAGEORGE. (11) WHY IS IT EASIER TO HAVE A TURBINOL LABEL (6) THE COURT: YOU SHOULD MOVE TO A DIFFERENT (7) AREA. (12) WITH NO ENVIRONMENTAL STICKER ON IT AND A (8) Q BY MR. TALLON: LETS SEE. (13) SUPPLEMENTAL STICKER THAN IT IS TO JUST (9) LETS LOOK BACK AT - DID WE LOOK AT REPRINT THE (TO) 545? (14) TURBINOL LABEL? (11) NO, (15) NOW YOU ARE DEALING WITH TWO LABELS (12) LET'S LOOK AT 545. (16) RATHER THAN ONE? (13) ITS IN THE BLACK BINDER. (17) A NO. I'M ALSO DEALING WITH THE (14) AI HAVE IT. (18) POSSIBILITY THAT THE PACKAGE OF THE OLD LABELS (15) Q OKAY. NOW, 545 IS A COPY OF YOUR MEMO IS (16) DATED APRIL 30,1970 TO MR. SIDO, RIGHT? (19) STILL AROUND, WILL BE GRABBED BY SOME (17) A IT IS. MIDNIGHT-SHIFT (18) Q REGARDING AROCLOR LABELING? (20) PERSON, OPENED AND USED WITHOUT THAT (19) AYES. MESSAGE ON (20) Q WHAT YOU TELL HIM IS THAT A REVIEW OF (21) BECAUSE HE'S NOT TOLD ANYMORE TO PUT TWO (21) INVENTORY INDICATES ABOUT 6,000 UNITS OF LABELS ON. (22) Q OKAY. HOW ABOUT IF YOU THROW THE OLD PACKAGED (22) AROCLOR PRODUCTS ARE IN THE WAREHOUSES? (23) TURBINOL LABELS OUT AND YOU HAVE A NEW (23) AI DID. STACK OF THEM (24) Q OKAY. DID YOU UNDERTAKE A REVIEW TO (24) WITH THE ENVIRONMENTAL STICKER ON IT? (25) FIGURE OUT HOW MUCH WAS IN INVENTORY? DID (25) A THAT'S IDEAL. SOMEBODY . (26) Q WHY NOT DO THAT? (26) DO THAT FOR YOU? (27) A WE WOULD LOVE TO BE ASSURED THAT THAT (27) A OH, I HAD IT DONE FOR ME. (28) COULD BE DONE. (28) Q OKAY. AND YOU WERE TELLING MR. SIDO IN Page 1914 Page 1916 (1) Q WHAT WAS WRONG WITH DOING THAT? PRINTING (1) THIS MEMO THAT THOSE 6,000 UNITS IN INVENTORY WILL (2) YOU 6,000 COPIES OF THIS STICK-ON LABEL ONLY (2) REQUIRE A SUPPLEMENTARY LABEL WHICH WILL COST YOU CONTAIN THE (3) $10 SO IT WASN'T THE MONEY. (3) PCB STATEMENT, RIGHT? (4) A IT'S NOT MONEY. (4) AYES. (5) IT'S AN ATTEMPT TO REDUCE THE OPPORTUNITY (5) Q AND YOU ARE ASKING HIM TO ARRANGE TO GET (6) FOR MISTAKES BEING MADE WHEN WORKERS ARE IN (6) THE LABELS TO TAKE CARE OF THIS, QUOTE, THE PLANT "ONE-TIME (7) WITHOUT ANY SUPERVISOR AROUND ON A VERY (7) NEED"? IMPORTANT (8) AYES. (8) MATTER THAT CAN BE EASILY DONE WITH A (9) Q AND HE DOES THAT? TWO-STEP (10) AYES. (9) PROCESS, PUT ONE LABEL ON AND ANOTHER, (11) Q NOW YOU NEED, MR. PAPAGEORGE, TO TURN PERIOD. (12) BACK TO THE BLUE BINDERS, PARTICULARLY TO (10) Q WHAT I WANT TO KNOW, MR. PAPAGEORGE, IS EXHIBIT (11) HOW COME ITS NOT EASIER TO JUST USE ONE (13) 240. LABEL THAN (14) AI HAVE IT. (12) TWO? (15) Q TURN TO THE SECOND PAGE, IF YOU WOULD, (13) A IF THERE WEREN'T THE OPPORTUNITY FOR A (14) MISTAKE, IT WOULD BE EASIER. (16) PLEASE, MR. PAPAGEORGE, THE ONE THAT SAYS AT THE TOP, (15) I AGREE WITH YOU. (17) "MONSANTO COMPANY PURCHASING (16) Q DOESN'T THE FACT - WOULDN'T IT BE MORE DEPARTMENT." (17) LIKELY THAT YOU WOULD ELIMINATE MISTAKES BY (18) AI SEE IT. HAVING A (1?) Q OKAY. THAT IS THE PURCHASE ORDER USED TO (18) SINGLE LABEL THAN BY HAVING A WORKMAN HAVE (20) GET THE 6,000 LABELS THAT WE JUST SAW THAT Transwestern v. Monsanto Page 1912 to Page 1916 WATER PCB-SD0000075835 BSA Trial Transcript [December 7,1993] XMAX(IO) YOU ASKED (21) MR. SIDO TO GET FOR THE INVENTORY, CORRECT? (22) AI DIDN'T SEE A LABEL. (26) PCB'S WERE MADE, RIGHT? (27) A CORRECT. (28) Q THEY WEREN'T MADE AT QUEENY? (23) YOU JUST SAID WE SAW A LABEL. (24) QWE JUST SAW A MEMO WHERE YOU ASKED (1) A TRUE. Page 1919 (25) MR. SIDO TO OBTAIN, TO BUY 6,000 LABELS TO PUT (2) Q THEY WERE BLENDED AT QUEENY? ON (3) AYES. (26) INVENTORY. (27) A OH, WE ARE REFERRING TO THAT REQUEST. (4) Q AND TURBINOL WAS NOT MADE AT ANNISTON? (5) ARIGHT. (28) Q AND THIS IS THE PURCHASE ORDER USED TO (6) Q AND TURBINOL WAS NOT MADE AT KRUMMRICH? Page 1917 (1) ACTUALLY BUY THE LABELS? (2) A IT APPEARS TO BE, YES, SIR. (3) Q OKAY. AND WHAT IT CALLS FOR IS 6,000 (4) ENVIRONMENTAL LABELS 1020/53 AT A COST OF ABOUT $11 (5) PLUS SHIPPING AND HANDLING? (6) AYES. (7) Q AND THAT IS, IF WE LOOK AT THE BOTTOM OF (8) THAT SAME PAGE, THAT IS THE STICK-ON THAT (7) A TRUE. (8) Q IT WAS BLENDED AT QUEENY? (9) A CORRECT. (10) Q AND THIS DOCUMENT SHOWS THAT ALL OF THOSE (11) 6,000 LABELS WENT TO WAREHOUSES, KRUMMRICH AND (12) ANNISTON? (13) A THAT IS WHAT THIS PERSON UNDERSTOOD, (14) YES. YOU WERE (9) REFERRING TO, RIGHT? . (10) AYES. (11) Q IN FACT YOU CAN SEE DOWN THERE AT THE (12) CORNER, IT SAYS, "1020/53," RIGHT? (13) AYES. (14) Q NOW, THOSE LABELS WERE PRINTED AND THEY (15) WERE SENT TO ANNISTON AND KRUMMRICH, RIGHT? (16) A AND OUTSIDE WAREHOUSES AND THE QUEENY (17) PLANT AND WHEREVER THIS MATERIAL SHOWED UP (15) Q AND THIS DOCUMENT SHOWS THAT THE BALANCE, (16) SOME WERE SENT TO ANNISTON, IT SAYS, "1,000 WERE SENT (17) TO ANNISTON," RIGHT? (18) AYES. (19) Q AND BALANCE OF 4500 SENT TO KRUMMRICH (20) PLANT, 5-22-70, TO BE PUT ON ALL AROCLORS CANS AND (21) INVENTORY, RIGHT? (22) AYES. ON THE (18) INVENTORY. (19) Q OKAY. TURBINOL WAS A BATCH PRODUCT, (20) RIGHT? (21) AI DON'T UNDERSTAND YOUR DEFINITION OF A (22) "BATCH PRODUCT'. (23) Q TURBINOL WAS MADE UP WHEN THERE WAS A (24) CUSTOMER ORDER FOR IT, RIGHT? (23) Q AND THEN IT LISTS 1232,1242 AND SO ON, (24) RIGHT? (25) ARIGHT. (26) Q NO MENTION OF ANY PRODUCTS? (27) A IN THIS DOCUMENT? YES. (28) Q GO AHEAD. Page 1920 (1) A THIS WHOLE LISTING OF AROCLORS ARE (25) A WELL, THERE WAS SOME INVENTORY. NOT VERY (2) LISTED. (26) MUCH. (27) Q DID YOU EVER SEE A DOCUMENT THAT SAID (28) THERE WAS AN INVENTORY OF TURBINOL? (3) THEY ARE PRODUCT NAMES. (4) Q YES. YOU DID SELL AROCLOR 1242, RIGHT? (5) A CERTAINLY. (1) A NO. Page 1918 (6) Q AND, IN FACT, WE SAW A LABEL BEFORE FOR A (7) BARREL OF 1260? (2) I DIDN'T SEE ANY DOCUMENT, NO. (3) Q OKAY. ARE YOU WITH ME ON PAGE 88259 OF (4) THAT SAME EXHIBIT, MR. PAPAGEORGE, 240? (8) A CORRECT, UH-HUH. (9) Q BUT IT DOESN'T SAY 'TO BE PUT ON (10) TURBINOL," RIGHT? (5) A 88259. I HAVE IT. (11) A NOT IN THIS PARTICULAR SUMMARY. (6) Q OKAY. AND THERE IS A HANDWRITTEN (12) Q IN FACT, MR. PAPAGEORGE, THERE IS NO (7) CALCULATION THERE, CORRECT? (8) FOR EXAMPLE, IT SAYS AT THE TOP, (13) RECORD THAT THAT SUPPLEMENTAL STICKER WE WERE JUST (9) "4-30-70, 6,000 ORDERED FOR VARIOUS WAREHOUSES AND (14) LOOKING AT EVER WENT TO THE QUEENY PLANT, RIGHT? (10) TWO PLANTS, ANNISTON AND KRUMMRICH," (15) A I HAVEN'T SEEN ANY. , RIGHT? (16) THAT DOESN'T MEAN THE QUEENY PLANT PEOPLE (11) AYES. (17) DIDN'T GO ACROSS THE PLANT AND GET IT. (12) Q THIS WOULD INDICATE TO YOU THAT THE 6,000 (18) THEY DID THAT MANY TIMES, YOU KNOW OR I (13) LABELS WE JUST SAW WERE SENT TO ANNISTON (19) KNOW. AND (14) KRUMMRICH, RIGHT? (20) MR. TALLON: YOUR HONOR, I WOULD AT THIS TIME (21) LIKE TO READ A REQUEST FOR ADMISSION AND A (15) AYEAH, FOR SURE, YES. RESPONSE. (16) Q IT DOESN'T SAY THEY WERE SENT TO QUEENY, (17) RIGHT? (22) THE COURT: LADIES AND GENTLEMEN, A REQUEST FOR (18) A VARIOUS WAREHOUSES. (23) ADMISSION LIKE AN INTERROGATORY OR A (19) Q AT WHAT WAREHOUSE WAS TURBINOL KEPT? DEPOSITION ISA (20) A THE QUEENY WAREHOUSE. (21) Q OKAY. DID THAT HAVE A NAME? (24) PROCEEDING TAKING PLACE BEFORE THE TRIAL. (25) IT MEANS THAT ONE PARTY HAS ANSWERED A (22) A THE JOHN F. QUEENY PLANT WAREHOUSE ON (26) REQUEST FOR ADMISSION BY ADMITTING THAT (23) SECOND STREET IN ST. LOUIS. CERTAIN FACTS (24) I DON'T KNOW HOW ELSE TO DESCRIBE IT. (27) ARE TRUE. (25) Q ANNISTON AND KRUMMRICH WERE WHERE THE (28) YOU MAY CONSIDER THE ANSWERS - THAT THE Page 1916 to Page 1920 Transwestern v. Monsanto WATER PCB-SD0000075836 ' BSA Transwestern v. Monsanto Trial Transcript [December 7,1993] XMAX(11) Page 1921 (1) FACTS ARE TRUE AND BINDING UPON YOU. (2) Q BY MR. TALLON: THIS IS REQUEST FOR (3) ADMISSION NUMBER 48: "ADMIT THAT MONSANTO HAD NO (4) RECORD THAT SUPPLEMENTAL ENVIRONMENTAL LABELS WERE (5) EVER SENT TO MONSANTO'S J.F. QUEENY PLANT. THE TERM (6) "SUPPLEMENTAL ENVIRONMENTAL LABEL" REFERS TO THE, (7) QUOTE, "SUPPLEMENTAL ENVIRONMENTAL LABEL," CLOSE (8) QUOTE, REFERENCED IN MONSANTO'S RESPONSE TO (9) TRANSWESTERN'S SPECIALLY DRAFTED INTERROGATORIES." (10) RESPONSE: "MONSANTO ADMITS THAT IT HAS (11) BEEN UNABLE TO LOCATE ANY CURRENTLY AVAILABLE (12) DOCUMENTARY RECORD EXPLICITLY NAMING THE J.F. QUEENY (13) PLANT AS RECEIVING SUPPLEMENTAL ENVIRONMENTAL LABELS, (14) 1020. EXCEPT FOR THIS ADMISSION MONSANTO DENIES THIS (15) REQUEST." (16) TURN, IF YOU WOULD, PLEASE, (17) MR. PAPAGEORGE, TO TRANSWESTERN EXHIBIT 150. (18) AI HAVE IT. (19) Q OKAY. THAT IS A MEMO DATED MAY 7,1970 (20) FROM MR. SAVAGE TO MR. NAGEL AND IS IT MULLALEY? (21) A MULLALEY. (22) Q AND YOU'RE COPIED ON THIS MEMO? (23) AI AM. (24) Q OKAY. AND IN THE MEMO THAT YOU GOT A (25) GOPY OF, MR. SAVAGE IS COMMUNICATING WITH MR. NAGEL (26) AND MR. MULLALEY. (27) MR. NAGEL HAD A JOB AT THE KRUMMRICH (28) PLANT, RIGHT? Page 1922 (1) AYES. (2) Q AND MR. MULLALEY HAD A JOB AT THE (3) ANNISTON PLANT? (4) A CORRECT. (5) Q AND WHAT MR. SAVAGE TELLS MESSRS. NAGEL (6) AND MULLALEY IS THAT MR. SIDO IS SENDING THEM (7) STICK-ON ENVIRONMENTAL WARNING LABELS FOR AROCLOR (8) 1221 THROUGH 1268, RIGHT? (9) AYES. (10) Q THIS DOCUMENT INDICATES TO YOU THAT NO (11) LABELS WERE SENT TO THE QUEENY PLANT, RIGHT? (12) A IT IS SILENT ON THE QUEENY PLANT. (13) IT DOESN'T SPECIFICALLY SAY, "NO ABELS (14) WERE SENT." (15) Q IT SAYS THAT THE ABELS WERE SENT TO (16) KRUMMRICH AND ANNISTON WHERE THE PCB'S WERE MADE? (17) A CORRECT, AND PACKAGED. (18) Q OKAY. AND IT SAYS THAT THE SUPPLEMENTAL (19) STICK-ON - EXCUSE ME, THE STICK-ON ENVIRONMENTAL (20) WARNING ABELS WERE FOR AROCLOR 1221 THROUGH 1268, (21) CORRECT? (22) A CORRECT. (23) Q OKAY. LOOK AT 151 WHICH SHOULD BE THE (24) VERY NEXT. Page 1921 to Page 1922 WATER PCB-SD0000075837 BSA Trial Transcript [December 7,1993] XMAX(12) (25) AI HAVE IT. (26) Q NOW, MR. GORDON HANDLED SENDING THE (27) LABELS OUT TO WAREHOUSES, RIGHT? (28) AYES. Page 1923 (1) Q OKAY. LOOK AT THAT DOCUMENT. (2) THAT IS A MEMO FROM M. J. QUIRK, THE (3) WAREHOUSE COORDINATOR FOR THE WAREHOUSES, ISN'T IT? (4) A TO SOME OF THE WAREHOUSES. (5) Q AND THERE IS COTTER, LOS ANGELES, SANTA Page 1925 (1) APPROACH. (2) Q WHY SPECIAL MENTION FOR THERMINOL? (3) A IT WAS AN ACTIVE PRODUCT LINE, MANY (4) CUSTOMERS. (5) THERE WERE NO ALTERNATIVES AVAILABLE AT (6) THAT TIME SO WE DIDN'T SEE THE SITUATION THAT EXISTED (7) FOR THE PYDRAULS. (8) Q THE PYDRAULS WERE A PRETTY ACTIVE LINE, (9) RIGHT? (6) CLARA, ELIZABETH AND DURO, DURO INDIANA? (7) A CORRECT. (8) Q THE SUBJECT OF THE MEMO IS ARACLORS 1232, (10) AYES, BUT THEY WERE BEING MODIFIED, (11) CHANGED. (12) Q ALL RIGHT. TAKE A LOOK, IF YOU WOULD, (9) 1242,1248,1254 AND 1260, RIGHT? (10) A THAT IS RIGHT. (11) Q LETS SEE. AND WHAT M. J. QUIRK IS (12) TELLING THE WAREHOUSES IS, "BEFORE YOU SHIP PUT THE (13) LABEL ON IT," RIGHT? (14) ARIGHT. (15) Q BUT SHE REFERS TO AROCLOR. (16) SHE DOESN'T GIVE A LIST OF ANY PRODUCTS, (17) RIGHT? (18) A THAT'S RIGHT. (19) Q AND SHE SAID - I'M SAYING "SHE." (20) M. J. QUIRK SAYS, "BEFORE SHIPPING ANY (21) CONTAINERS OF THE SUBJECT PRODUCTS TO A CUSTOMER, (22) PLEASE APPLY THE LABEL," RIGHT? (23) A THIS IS SPECIFIC TO THE PACKAGES OF (13) PLEASE, AT 172. (14) NOW, AT ABOUT THIS TIME TURBINOL WAS (15) UNDERGOING REFORMULATION, TOO? (16) A I'M SORRY? (17) Q AT ABOUT THIS TIME TURBINOL WAS (18) UNDERGOING REFORMULATION, TOO? (19) A THERE WERE STUDIES BEING CONDUCTED TO TRY (20) TO FIND THE RIGHT MIXTURE THAT WOULD PASS ALL THE (21) TESTS, YES. (22) Q LOOK AT 172, ALL RIQHT? (23) AI HAVE IT. (24) Q OKAY. THAT IS A MEMO FROM MR. SIDO AND (25) YOU ARE COPIED ON IT, CORRECT? (26) A IT IS. (27) Q OKAY. AND MR. SIDO IS WRITING YOU, (28) AGAIN, ABOUT LABELS, RIGHT? (24) AROCLORS. (25) Q OKAY. LOOK AT 158, IF YOU WOULD, (26) PLEASE. (1) AYES. (2) Q AND - Page 1926 (27) AI HAVE READ IT. (28) Q THAT IS A MEMO FROM YOU, NOW, TO MR. SIDO Page 1924 (1) AGAIN BUT THIS ONE IS MAY 27,1970? (2) AYES. (3) Q OKAY. AND YOU ARE COMMUNICATING FURTHER (4) WITH MR. SIDO ABOUT LABELING? (5) AYES. (6) Q AND WHAT YOU ARE SAYING TO HIM IN THE (7) FIRST PARAGRAPH IS, "ITS MY UNDERSTANDING THAT LABEL (8) REVISIONS OF MONSANTO AND PCB-CONTAINING AROCLORS (9) HAVE BEEN ACCOMPLISHED AND ARE NOW BEING (3) anotwritingme.no. (4) HE IS WRITING TO HIS OWN FILE. (5) Q AND COPYING YOU? (6) AYES. (7) Q AND HE, IN THIS MEMO TO HIS OWN FILES, HE (8) IS RECORDING A CONVERSATION HE HAD WITH YOU AND NORM (9) JOHNSON, RIGHT? (10) A HE IS. (11) Q AND NORM JOHNSON AND YOU CALLED MR. (12) EXCUSE ME, CALLED MR. SIDO? (13) A AS I RECALL, MR. SIDO CAME OVER TO (14) MR. JOHNSON'S OFFICE AND WHILE THERE THEY CALLED ME IMPLEMENTED (10) AT THE PLANTS AND WAREHOUSES," RIGHt? (11) ARIGHT. (12) Q OKAY. AND WHAT YOU SEE IN THE THIRD (13) PARAGRAPH IS, "PYDRAUL LABELS WILL NOT BE ALTERED (14) SINCE REFORMULATIONS WILL BE MADE," RIGHT? (15) AND ASKED ME TO JOIN THEM. (16) THAT IS WHERE THE CONVERSATION TOOK (17) PLACE. (18) Q LETS TAKE A CLOSE LOOK AT THAT FIRST (19) PARAGRAPH. ' (20) IN HIS MEMO - AND YOU WERE COPIED ON (21) IT, RIGHT? (15) A RIGHT. (16) Q LOOK AT THE FOURTH PARAGRAPH THERE, (17) MR. PAPAGEORGE. (18) IT REFERS TO THERMINOL, CORRECT? (19) A IT DOES. (20) Q NOW, THAT IS A BLENDED PRODUCT? (22) AYES, UH-HUH. (23) Q OKAY. IN THIS MEMO MR. SIDO SAYS, THIS (24) NOTE CONFIRMS - THAT ITS LIKE A FILE MEMO FOR (25) HISTORICAL PURPOSES? (26) AYES; (21) A ONLY ONE OF THE THERMINOLS WAS BLENDED. (22) THE OTHERS WERE PCB MIXTURES SIMILAR TO (23) THE AROCLORS. (24) Q SO THE THERMINOLS HAD PCB'S IN THEM? (27) Q THIS NOTE CONFIRMS MY CONVERSATION WITH (28) BILL PAPAGEORGE AND NORM JOHNSON REGARDING CHEMICAL (25) A CERTAINLY. (26) Q AND YOU WERE SAYING TO MR. SIDO, ITS NOW (27) APPROPRIATE TO REVISE THE THERMINOL LABELS? (28) A YES, TO REPLACE THE STICK-ON LABEL Page 1922 to Page 1926 Transwestern v. Monsanto WATER PCB-SD0000075838 1 BSA Trial Transcript [December 7,1993] XMAX(13) Page 1927 (1) COMPOSITION OF PYDRAUL PRODUCTS, RIGHT? (2) A IT DOES. (3) Q HE SAYS, "ALL OF THE DOMESTIC PYDRAUL (4) PRODUCTS ARE BEING REFORMULATED AND NONE WILL CONTAIN (5) PCB," CORRECT? (6) A CORRECT. (7) Q SO HE SAYS, 'THEY MAY CONTAIN AROCLORS (8) LOWER THAN 1232 OR CHLORINATED TERPHENYLS, SO THEY (9) WILL REQUIRE THE CHLORINATED HYDROCARBON STANDARD ' (10) PARAGRAPH," RIGHT? (11) AYES, SIR. (12) QTHE CHLORINATED HYDROCARBON STANDARD (13) PARAGRAPH IS NOT THE ENVIRONMENTAL STICK-ON LABEL (14) THAT WE HAVE BEEN TALKING ABOUT, RIGHT? (15) A THAT IS CORRECT. (16) Q ITS A STATEMENT THAT SAYS, "PRODUCT (17) CONTAINS CHLORINATED HYDROCARBONS," (28) HE IS TALKING THERE ABOUT A LABEL FOR Page 1929 (1) PYDRAUL PRODUCTS AND WHAT THAT LABEL HAS ON IT. (2) Q RIGHT. (3) AND HE SAYS, "NONE SHOULD CARRY THE PCB (4) ENVIRONMENTAL STATEMENT ? (5) A THAT'S RIGHT. (6) IN OTHER WORDS, "KEEP THE OLD LABEL." (7) IT DOESNT SAY'ANYTHING ABOUT NOT USING A (8) STICK-ON. (9) THAT IS AN ONGOING THING BY NOW. (10) Q OKAY. WOULDN'T YOU AGREE WITH ME, (11) MR. PAPAGEORGE, THAT YOU CAN READ THIS SENTENCE TO (12) SAY "NONE OF THE PYDRAUL PRODUCTS SHOULD CARRYTHE (13) PCB ENVIRONMENTAL STATEMENT," MEANING NOT ON THE (14) REGULAR LABEL AND NOT ON THE STICK-ON?-- (15) AI SUPPOSE A PERSON COULD READ IT, DEFINE (16) IT THAT WAY. RIGHT? (18) A IT IS. (19) Q PCB'S ARE CHLORINATED HYDROCARBONS? (17) BUT THIS IS FOR THE LABELING DEPARTMENT (18) OF MONSANTO'S REFERENCE. (19) AND THEY KNOW, WITHIN THAT LITTLE GROUP, (20) AYES. (21) Q BUT THERE ARE MANY OTHER KINDS OF (22) CHLORINATED HYDROCARBONS? (23) AYES. (24) Q AND THEN IN HIS MEMO TO YOU MR. SIDO (25) NOTES, IN THE EXPORT MARKET OR IN HIS MEMO ON WHICH (26) YOU WERE COPIED, MR. SIDO NOTES, IN THE EXPORT MARKET (27) ONE OR TWO PYDRAUL PRODUCTS MAY CONTAIN (20) EXACTLY WHAT WAS MEANT BY THAT STATEMENT. (21) Q OKAY. (22) A IT MEANT A LOT TO THEM IN TERMS OF WHAT (23) APPEARS ON THE PRODUCT LABEL. (24) Q OKAY. BUT HE DOESN'T SAY, "NONE OF THESE (25) PCB LABELS SHOULD CARRY THE PCB ENVIRONMENTAL (26) STATEMENT," HE SAYS, "NONE OF THE PRODUCTS SHOULD," (27) RIGHT? SOME PCB BUT (28) THE ENVIRONMENTAL STATEMENT SHOULD NOT BE USED. Page 1928 (1) HE SAYS, 'THESE SAFETY HYDRAULIC FLUIDS (2) ARE USED IN COAL MINE EQUIPMENT AND MONSANTO HOPES TO (3) GET OUR COMPETITORS TO AGREE TO USE OF THE PCB (4) MESSAGE IF SUBSTITUTE FORMULATIONS ARE NOT (5) ACCEPTABLE." (6) SO A BUSINESS DECISION WAS MADE, DON'T (7) PUT THE STICKER ON PYDRAUL PRODUCTS GOING OVERSEAS? (8) A FOR MINING EQUIPMENT. (9) Q WELL, FOR MINING EQUIPMENT A BUSINESS (10) DECISION WAS MADE, LETS NOT PUT THAT STICKER ON? (11) A THAT'S RIGHT. (12) Q AND MR. SIDO CLOSES BY SAYING, "NONE OF (13) THESE PYDRAUL PRODUCTS SHOULD CARRY THE PCB (14) ENVIRONMENTAL STATEMENT'? (15) A HE DOES SAY THAT. (16) Q OKAY. AND WHEN HE USED THOSE WORDS, IT (17) SAYS, "NONE OF THESE PYDRAUL PRODUCTS (28) A NONE OF THE PYDRAUL PRODUCT. Page 1930 (1) IT IS QUITE SPECIFIC. (2) Q OKAY. LETS LOOK AT TRANSWESTERN 174 FOR (3) A MOMENT, PLEASE. (4) A I HAVE IT. (5) Q AS PART OF YOUR JOB YOU STARTED TO WRITE (6) STATUS REPORTS TO THE INTERESTED GROUP? (7) AI DID. (8) Q AND TRANSWESTERN 174 IS A COPY OF YOUR (9) AUGUST 18, 1970 STATUS REPORT, RIGHT? (10) A OH, IT'S THE JULY STATUS REPORT WHICH WAS (11) ISSUED IN AUGUST. (12) Q ALL RIGHT. SO IN AUGUST 1970 YOU WROTE A (13) REPORT COVERING WHAT HAD HAPPENED IN JULY? (14) A CORRECT. (15) Q OKAY. AND YOU BRIEFED THE FOLKS WHO ARE (16) THE RECIPIENTS OF THIS MEMO ON A VARIETY OF TOPICS, (17) MARKETING, AS ON THE FIRST PAGE, RIGHT? (18) AYES. (19) Q ENGINEERING? (20) AYES. (21) Q YOU KEEP THEM UP TO DATE AT THE TOP OF (22) PAGE 2, ENGINEERING IS STILL BEING DISCUSSED, (23) MCS-1016 DISTILLATION, RIGHT? SHOULD CARRY (18) THE PCB ENVIRONMENTAL STATEMENT." (19) HE DIDNT SAY "STICKER," RIGHT? (20) A NO. (21) HE IS REFERRING TO THE FULL LABEL, THE (24) ARIGHT. (25) Q THAT IS WORKING TO TRY TO MAKE 1242 (26) WITHOUT THE MORE HIGHLY CHLORINATED? (27) A THAT IS CORRECT. (28) Q Europe, japan, medical, public (22) PRODUCT LABEL . (23) Q YOU DIDN'T WRITE HIM A MEMO TO CLARIFY (24) THAT, RIGHT? (25) A WHY WOULD I? (26) I KNEW WHAT HE WAS THINKING EXACTLY. (27) I HAD NO NEED TO WRITE A MEMO. Page 1931 (1) RELATIONS. (2) YOU TALK ABOUT THE REPLACEMENT OF AROCLOR (3) 1242 FOR NCR, RIGHT? (4) ARIGHT. (5) Q AND THEN ON PAGE 5 YOU GET TO INDUSTRIAL Transwestern v. Monsanto Page 1927 to Page 1931 WATER PCB-SD0000075839 BSA Trial Transcript [December 7,1993] XMAX(14) (6) FLUIDS. (7) AYES. (8) Q YOU TALK ABOUT PYDRAUL F-9A? (9) AYES. (10) Q AND AROCLOR SUBSTITUTES, RIGHT? (14) RECESS UNTIL 11 O'CLOCK. (15) PLEASE RETURN AT THAT TIME SO WE CAN (16) RESUME. (17) (RECESS.) (18) THE COURT: AND RESUMING. (11) ARIGHT. (12) Q OKAY. AND LOOK AT THE CENTER OF PAGE 6. (13) YOU ARE DOING TESTING ON AROCLOR 1242, (14) STILL FOR BIODEGRADATION, RIGHT? (15) AYES. (16) Q AND THEN TURN - JUST A COUPLE MORE, TO (17) 176. (18) AI HAVE IT. (19) Q THAT IS A COPY OF A MEMO DATED SEPTEMBER (19) GO AHEAD, MR. TALLON. (20) MR. TALLON: THANK YOU, YOUR HONOR. (21) Q MR. PAPAGEORGE, THIS IS ACTUALLY NOT THE (22) FIRST TIME YOU HAVE TESTIFIED ON BEHALF OF MONSANTO; (23) IS THAT RIGHT? (24) A THAT IS CORRECT. (25) Q IN FACT, THIS IS ABOUT YOUR SEVENTH TRIAL (26) APPEARANCE, WOULDN'T YOU SAY? (20) 21,1970 WHICH YOU USED, RIGHT, OR YOU RECEIVED? (27) A CLOSE TO THAT. (28) I HAVEN'T KEPT A SCORE SHEET, BUT IT'S (21) AI RECEIVED, YES, SIR. (22) Q AND ITS SUBJECT IS "AROCLOR USE AT THE (23) JOHN F. QUEENY PLANT? (24) AYES. (25) Q THAT IS WHERE TURBINOL WAS MADE? Page 1934 (1) ABOUT THAT. (2) Q AND I THINK YOU TOLD ME ABOUT 24 (3) DEPOSITIONS; IS THAT RIGHT? (4) A ROUGHLY, OVER A 20-YEAR PERIOD, YES, (26) AYES. (27) Q AND TURBINOL WAS KNOWN ALSO AS MCS-153, (28) RIGHT? Page 1932 (5) UH-HUH. (6) Q LETS TAKE A MOMENT AND LOOK AT (7) TRANSWESTERN 180. (8) IS THAT THE ONE YOU HAVE IN FRONT OF YOU? (1) A CORRECT. (2) Q OKAY. SO LETS SEE. (3) THE DISCUSSION IN THIS MEMO IS ABOUT (4) AROCLORS AND THEIR USE AT THE QUEENY PLANT, CORRECT? (5) A CORRECT. (6) Q AND IF WE LOOK AT PAGE 2 AT THE BOTTOM, (7) THAT IS A LIST MADE BY THE AUTHOR OF THIS (9) AYES. (10) Q AND THIS WAS ANOTHER ONE IN YOUR SERIES (11) OF PCB ENVIRONMENTAL PROBLEM STATUS REPORTS? (12) A CORRECT. (13) Q OKAY. (14) TURN TO PAGE 5, IF YOU WOULD, PLEASE. (15) ARE YOU WITH ME? DOCUMENT (16) AYES. (8) SHOWING THE PRODUCTS CONTAINING AROCLORS (17) Q IS THE CAPTION "INDUSTRIAL HYDRAULICS"? BLENDED AT (9) QUEENY? (10) AYES. (11) Q AND IT LISTS, STARTS WITH PYDRAUL 625 AND (12) GOES THROUGH AC AND F-9. (13) RIGHT THERE IN THE MIDDLE ITS MCS-153? (14) A CORRECT. (15) Q AND THAT IS A REFERENCE TO TURBINOL? (16) AYES. (17) Q AND AS THE RIGHT-HAND COLUMN SHOWS, (18) TURBINOL IS MADE WITH AROCLOR 1232 AND 1242 AT THIS (19) TIME? (20) A AT THAT TIME, YES. (21) Q THAT NEVER CHANGED, RIGHT? (18) IN YOUR REPORT YOU WROTE, "THE REMOVAL OF (19) AROCLOR 1242 FROM ALL PYDRAULS WILL REQUIRE (20) REFORMULATION OF A 200, 281, 540, 312, 230, 135, 150, (21) MCS-153 AND MC 6974," RIGHT? (22) A IT SAYS THAT, UH-HUH. (23) Q ALL RIGHT. SO MCS-153, THAT WAS (24) TURBINOL? (25) AYES. (26) Q AND TURBINOL OR MCS-153 IS ONE OF THE (27) PRODUCTS YOU LIST WHEN YOU SAY, 'THE REMOVAL OF (28) AROCLOR 1242 FROM ALL PYDRAULS WILL REQUIRE (22) A THERE WAS A CHANGE IN THE RECIPE, YES, (23) SIR. (24) Q 1242 IS STILL IN IT? (25) AYES. (26) Q TAKE A LOOK AT 180, IF YOU WOULD, (27) PLEASE. , (28) AI HAVE IT, Page 1935 (1) REFORMULATION OF THESE PRODUCTS, INCLUDING TURBINOL," (2) RIGHT? (3) A IT SAYS THAT, YES, SIR, UH-HUH. (4) Q BY THE WAY, THIS IS YOUR SEPTEMBER REPORT (5) WHICH YOU ARE WRITING IN OCTOBER. Page 1933 (1) Q THAT IS YOUR SEPTEMBER STATUS REPORT ON (2) THE PCB ENVIRONMENTAL PROBLEM THAT YOU WROTE IN (3) OCTOBER OF 1970, RIGHT? (6) ARE YOU STILL USING TWO LABELS FOR ALL OF (7) THESE PRODUCTS RATHER THAN ONE? (8) AYES, UH-HUH. (9) Q IT WASN'T EASIER IN FOUR-MONTHS' TIME TO (10) JUST PRINT ONE LABEL? (4) A CORRECT. (5) Q AND YOU SENT IT TO THE SAME GROUP OF (6) PEOPLE OR SAME FUNCTIONS? (7) A THE FUNCTIONS ARE REPRESENTED, YES. (8) Q OKAY. TURN TO PAGE 7, IF YOU WOULD, (9) PLEASE. (10) THE COURT: BEFORE WE DO THAT, MR. TALLON. (11) WE HAVE REACHED THE TIME FOR THE MORNING (12) BREAK. (11) A IT ALL DEPENDS HOW YOU LOOK AT IT. (12) WE THOUGHT THAT IT'S APT TO BE MORE (13) ACCURATE IF WE KEPT IT SIMPLE AND JUST ASKED FOR AN (14) ADDITIONAL LABEL TO BE ADDED TO THE PACKAGE. (15) Q OKAY. TURN WITH ME FOR A MOMENT, IF YOU (16) WOULD, TO 182, TRANSWESTERN 182. (17) AI HAVE IT. (18) Q ARE YOU WITH ME? (13) LADIES AND GENTLEMEN, WE WILL BE IN (19) THAT IS A COPY OF YOUR DECEMBER 7,1970 Page 1931 to Page 1935 Transwestern v. Monsanto WATER PCB-SD0000075840 ' BSA Trial Transcript [December 7,1993] XMAX(IS) (20) ENVIRONMENTAL STATUS REPORT, RIGHT? (26) MARCH OF 1971? (21) A CORRECT. (22) Q REPORTING ON NOVEMBER? (27) AYES. (28) Q OKAY. TURN TO TRANSWESTERN 193, PLEASE. (23) A CORRECT. (24) Q OKAY. TURN WITH ME, IF YOU WOULD, (25) PLEASE, MR. PAPAGEORGE, TO PAGE 7. OKAY? (26) AYES. (27) Q NOW, THAT DISCUSSION IS CAPTIONED (28) "PYDRAUL REFORMULATION" STARTING THERE, Page 1938 (1) AI HAVE IT. (2) Q OKAY. IF YOU WOULD LOOK AT THE PAGE (3) NOW, THAT IS MR. MASON'S PRESENTATION FOR A CMC (4) MEETING IN MARCH OF '71, RIGHT? RIGHT? (5) A THESE ARE COPIES OF TRANSPARENCIES USED Page 1936 (6) BY MR. MASON AS HE MADE HIS PRESENTATION. (1) AYES. (2) Q AND THE FIRST THING DISCUSSED IS THE (3) FACTORY MUTUAL VISIT? (4) AYES. (5) Q AND FACTORY MUTUAL WAS A TESTING GROUP (7) Q OKAY. AND THERE ON THE FIRST PAGE OF THE (8) EXHIBIT IT LOOKS LIKE THERE IS A LITTLE PIECE OF NOTE (9) PAPER OR SOMETHING. IT SAYS, "FROM THE DESK OF W. B. OR (6) INSURANCE GROUP. WHAT DID THEY DO? (7) A AS I UNDERSTAND IT, THEY ARE A TESTING (8) GROUP THAT IS SPONSORED BY INSURANCE COMPANIES. (9) Q AND THEY VISITED WITH MONSANTO IN (10) NOVEMBER AND APPROVED OR GAVE TENTATIVE APPROVAL FOR (11) PYDRAUL 625-A, F-9A, MCS-1063, WHICH WAS ALSO (12) TURBINOL-153A? (13) A THAT IS THE MODIFIED TURBINOL-153, YES, (14) SIR. (15) Q SO THAT WAS A RE-MIX OF TURBINOL-153? (16) A WELL, IT WAS AN ATTEMPT TO FIND AN (17) ALTERNATIVE, YES. (18) Q THAT PRODUCT, TURBINOL-153A WAS NEVER (19) MADE FOR SALE OR SOLD? (20) A THAT IS CORRECT. (21) IT WAS NEVER, AS I UNDERSTOOD IT, (22) APPROVED BY THE MANUFACTURER OF TURBINES. (23) QGE? (24) A UH-HUH. (25) Q TURN TO THE TOP OF EIGHT, WOULD YOU, (10) PAPAGEORGE"? (11) A THAT IS ME. (12) Q AND THAT IS YOUR HANDWRITING? (13) AYES. (14) Q SAYING, 'WHAT WE ARE SEEING HERE IS THE (15) PRESENTATION THAT MR. MASON MADE TO THE CMC IN MARCH (16) OF'71"? (17) A IT DOES. (18) Q TURN TO THE PAGE THAT HAS GOT THE NUMBER (19) ON THE BOTTOM 86386. (20) AI HAVE IT. (21) Q THIS WAS A SLIDE THAT MR. MASON USED AT (22) THE CMC MEETING IN MARCH OF '71? (23) A IT IS. (24) Q AND IT IS CAPTIONED "HYDRAULIC (25) APPLICATIONS"? (26) AYES. (27) Q AND PARAGRAPH 2 SAYS, "AROCLOR 1242 IS (28) STILL PRESENT IN TWO FLUIDS USED IN GAS TRANSMISSION Page 1939 (1) (CLOSED) SYSTEMS." (26) PLEASE. (27) AI HAVE IT. (28) Q THERE IS A CAPTION THAT READS (2) AND THE CLOSED IS IN PARENS, RIGHT? (3) AYES. (4) Q MCS-974 AND TURBINOL-153? Page 1937 (1) TURBINOL-153A"? (2) AYES. (3) Q AND YOU ARE REPORTING IN YOUR MEMO ON (4) SOME TESTS THAT HAD BEEN DONE ON TURBINOL-153A? (5) AYES. (6) Q LIKE A LUBRICITY TEST? (5) A IT SAYS THAT. (6) Q AND IT SAYS, "PLAN TO TRY MCS-1016 WHEN (7) IT IS AVAILABLE"? (8) AYES. ., (9) Q DID THAT MEAN THAT WHEN MCS-1016 WAS (10) READY YOU ARE GOING TO TRY THAT AS A SUBSTITUTE? (11) A THAT WAS THE INTENT AT THAT TIME, YES, (7) A YES, THAT IS ONE TEST, YES, SIR. (8) Q AND A T-A-N TEST? (9) AYES. (10) Q AND ALCOR DEPOSITION TEST? (11) AYES. (12) Q AND BASICALLY WHAT YOU ARE SAYING HERE IS (13) THAT THE TESTS WERE FAVORABLE? (14) AYES. (15) Q AND THE NEXT PRODUCT IS PYDRAUL A-200B? (16) AYES. (17) Q NOW, MR. PAPAGEORGE, YOU ARE AWARE THAT (18) THE CORPORATE MANAGEMENT COMMITTEE CONTINUED TO (19) MONITOR THE PCB SITUATION, RIGHT? (20) AYES. (21) Q AND PERIODICALLY THERE WERE FURTHER (22) REPORTS BY YOU AND/OR MR. MASON? (23) A BY MR. MASON. (24) Q AND YOU ARE AWARE THAT MR. MASON GAVE (12) SIR. (13) Q BUT THAT DIDN'T HAPPEN? (14) A THAT IS CORRECT. (15) Q OKAY. TURN TO THE PAGE THAT HAS THE (16) NUMBER AT THE BOTTOM 86397. (17) AI HAVE IT. (18) Q OKAY. AND THAT IS A SLIDE THAT MR. MASON (19) USED AT THE CMC MEETING TO SHOW THAT IN 1970 MONSANTO (20) HAD SOLD 333,000 POUNDS OF TURBINOL, RIGHT? (21) a Correct. (22) Q AND PROJECTED MORE SALES FOR 1971? (23) A THAT IS WHAT IT SAYS, UH-HUH. (24) Q AND COULD YOU DRAW THE INFERENCE FROM (25) THAT THAT YOU EXPECTED TO CONTINUE SELLING THIS (26) PRODUCT IN 1971? (27) A CERTAINLY, UH-HUH. (28) Q OKAY. MR. PAPAGEORGE, DID YOU COME TO ONE (25) SUCH REPORT TO THE CORPORATE MANAGEMENT COMMITTEE IN Page 1940 (1) USE A TERM CALLED A "CUSTOMER-APPROVED LIST'IN 1971? Transwestern v. Monsanto Page 1935 to Page 1940 WATER PCB-SD0000075841 BSA Trial Transcript [December 7,1993] XMAX(16) (2) AYES. WANTED (3) Q AND AT A POINT IN TIME CUSTOMERS BUYING (4) PCB PRODUCTS FROM MONSANTO HAD TO BE LISTED IN ORDER (5) TO BUY IT? (6) A CORRECT. (7) Q OKAY. TURBINOL WAS A PRODUCT THAT WAS (5) TO GET GENERAL ELECTRIC TO APPROVE IT? (6) A CORRECT (7) THEY WERE THE EXPERTS ON TURBINES. (8) Q GENERAL ELECTRIC WAS THE COMPANY THAT (9) ACTUALLY MADE THE TURBINES THAT DROVE THE GAS (8) APPROVED FOR SALE TO CUSTOMERS ON THAT (10) COMPRESSORS? LIST, RIGHT? (11) AYES. (9) AYES. (12) Q AND THE TURBINES WERE THE ENGINES THAT (10) Q LOOK AT 209, TRANSWESTERN 209, PLEASE. (13) ACTUALLY MADE THE GAS COMPRESSORS WORK? (11) AI HAVE IT. (14) A CORRECT. (12) Q THAT IS A MEMO TO YOU FROM C. L. BRADFORD (15) Q OKAY. AND IT WAS YOUR EXPECTATION THAT (13) DATED SEPTEMBER 16,1971, RIGHT? (16) IF GE SIGNED OFF ON YOUR NEW FLUID, THAT (14) A RIGHT. WOULD HELP (15) Q AND THAT IS LARRY BRADFORD? (17) THE SALE? (16) A HE PREFERRED THE USE OF THE FIRST NAME (18) ACTUALLY, IT WAS NECESSARY FOR THE SALE? (17) LARRY, YES. (19) A IT WAS ABSOLUTELY NECESSARY, YES, SIR. (18) Q OKAY. WHAT WAS HIS JOB IN SEPTEMBER OF (20) Q AND TEXAS EASTERN WAS A BUYER OF (19) 1971? (21) TURBINOL-153, RIGHT? (20) AI AM NOT CERTAIN OF THE EXACT TITLE. (22) A CORRECT. (21) IT WAS SOMETHING LIKE PRODUCT MANAGER (23) Q WHAT MR. BRADFORD IS REPORTING TO YOU IS, (22) REPORTING TO MR. JOHNSON AND THE GROUP THAT MARKETED (24) WE ARE NOT PLANNING ON APPROACHING TEXAS EASTERN WITH (23) AND SOLD HYDRAULIC FLUIDS WHICH INCLUDED THE (25) OUR NEW FLUID UNTIL GE SIGNS OFF? TURBINOL (26) A CORRECT. (24) LINE, THE SANTOVAC AND SO FORTH. (27) Q NOW, AT THE END OF '71 THERE WAS A CHANGE (25) Q ALL RIGHT. THE TURBINOL LINE. (28) IN POLICY WITH RESPECT TO SELLING PCB (26) THERE IS JUST ONE PRODUCT, TURBINOL, PRODUCTS, (27) RIGHT? Page 1943 (28) A YEAH, BUT - DID I USE THAT WORD, (1) CORRECT? Page 1941 (2) A CORRECT. (1) 'TURBINOL LINE"? (3) Q AND IT WAS DETERMINED BY MONSANTO THAT IF (2) Q YEAH? (3) A ACTUALLY I SHOULD HAVE SAID THE (4) MONSANTO WAS GOING TO SELL PRODUCT TO CUSTOMERS, IT (4) "HYDRAULIC FLUIDS LINE" WHICH INCLUDED NOT (5) WAS GOING TO SHIFT THE RISK OF THE PCB ONLYTHE PROBLEM TO THE (5) PYDRAULS BUT TURBINOL AND SANTOVAC AND (6) CUSTOMERS, RIGHT? OTHER MACHINE (7) A THAT WAS PART OF THE PLAN, YES, SIR. (6) FLUID TYPE FLUIDS. (8) Q OKAY. THERE WERE A SERIES OF INCIDENTS (7) Q OKAY. IN SEPTEMBER, 1971 MONSANTO WAS (9) WHICH WERE DRAWING INCREASING ATTENTION (8) STILL WORKING ON TRYING TO REMAKE TURBINOL TO MONSANTO WITH LOWER (10) AS A MAKER OF PCB PRODUCTS IN THE LAST HALF (9) CHLORINATED OR BIODEGRADABLE PCB'S, RIGHT? OF 1971, (10) AYES. (11) CORRECT? (11) Q IN FACT, IF YOU TURN TO PAGE 2, (12) A YES, THERE WERE SEVERAL. (12) MR. BRADFORD IS TELLING YOU ABOUT SOME OF (13) I DON'T KNOW THAT THEY WERE A SERIES THE TESTING (14) WHERE ONE DEPENDED ON THE OTHER. (13) WORK THAT IS GOING ON WITH RESPECT TO (15) Q BUT THERE WERE SEVERAL UNRELATED TURBINOL, (16) INCIDENTS BUT NOT ALL LINKED? (14) RIGHT? (17) A CORRECT. ' (15) A IN PAGE 2? (18) Q ONE OF THOSE INCIDENTS WAS THE GOVERNOR (16) Q YEAH, PARAGRAPH 4. (19) OR SOME OFFICIAL IN MICHIGAN PROHIBITED (17) A THAT PARAGRAPH DOES REFER TO THE USE OF FISHING FOR (18) DIFFERENT INGREDIENTS IN THE REFORMULATION OF (20) COHO SALMON IN LAKE MICHIGAN, RIGHT? (19) TURBINOL AND REFERS TO THE APPROVAL REQUIRED (21) A I JUST DON'T - I REMEMBER A REFERENCE TO FROM (20) GENERAL ELECTRIC. (22) FISH FROM THE GREAT LAKES, BUT THAT WAS, GOSH, 78 OR (21) IT IS MENTIONED THAT NO APPROACH WILL BE (23) SO, NOT 71. (22) MADE TO TEXAS EASTERN UNTIL THAT APPROVAL IS (24) Q WHAT ABOUT THE EAST COAST TERMINAL (23) RECEIVED. (25) INCIDENT? (24) Q SO AT THIS TIME YOU WERE TRYING TO REMAKE (26) A YES, THAT WAS AN UNFORTUNATE INCIDENT. (25) TURBINOL WITH BIODEGRADABLE PCB'S, RIGHT? (27) Q IS THAT THE SAME AS HOLLY FARMS OR IS (26) A NO, NO. (28) HOLLY FARMS DIFFERENT? (27) THIS IS - THIS APPROACH WAS THE USE OF (28) MATERIALS THAT DIDN'T CONTAIN ANY CHLORINE AT ALL Page 1942 (1) Q SO TOTALLY PCB FREE? (2) A CORRECT. (3) Q OKAY. AND BEFORE YOU MADE THAT AVAILABLE (4) OR WANTED TO MAKE IT AVAILABLE FOR SALE, YOU Page 1940 to Page 1943 Transwestern v. Monsanto WATER PCB-SD0000075842 ' BSA Trial Transcript [December 7,1993] XMAX(17) Page 1944 (1) A HOLLY FARMS WAS ONE OF THE COMPANIES (2) AFFECTED BY THE INCIDENT AT EAST COAST TERMINALS. (3) Q WHAT DID HOLLY FARMS DO AT THAT TIME? (4) WHAT WAS HOLLY FARMS BUSINESS? (5) A THEY WERE IN THE POULTRY BUSINESS. (6) Q AND WHAT HAPPENED IN THE EAST COAST (7) TERMINAL INCIDENT IN 1971? (8) A EAST COAST TERMINAL IS A FISH MEAL (9) PASTEURIZING COMPANY WHERE FISH MEAL MADE FROM (10) ANCHOVIES FROM THE PERU OCEAN AREA WERE BROUGHT INTO (11) THIS COUNTRY AND GROUND AND PUT THROUGH A UNIT THAT (12) EXPOSED THEM TO HIGH HEAT, TO PASTEURIZE IT, TO Page 1946 (1) SIGNING TO A CUSTOMER AND SAY, IF YOU WANT TO (2) CONTINUE TO BUY OUR STUFF YOU MUST SIGN THIS (3) DOCUMENT. (4) A CORRECT. (5) Q AND WHAT THE DOCUMENT SAID WAS, "IF YOU (6) SIGN THIS DOCUMENT, YOU CANT SUE US." (7) IF YOU HAVE ANY PROBLEMS RELATED TO (8) PCB'S. (9) YOU WILL HOLD US HARMLESS, RIGHT? (10) MR. PREUSS: OBJECTION, CALLING FOR A LEGAL (11) CONCLUSION. (12) THE COURT: OVERRULED. (13) YOU MAY ANSWER IF THAT WAS THE EFFECT YOU (14) UNDERSTOOD. KILL (13) THE GERMS, BACTERIA AND SO ON. (14) THIS HEATING UNIT HAD IN IT AS THE (15) MATERIAL THAT CARRIED THE HEAT PCB FLUID. (15) THE WITNESS: THAT WAS MY UNDERSTANDING. (16) Q BY MR. TALLON; IF THE CUSTOMER DID AGREE (17) TO SIGN THE DOCUMENT, THEN MONSANTO WOULD CONTINUE TO (16) THERE WAS A LEAK THAT DEVELOPED INSIDE (17) THE UNIT SO THAT IT WASN'T VISIBLE ON THE (18) SELL, THAT WAS THE PLAN? (19) AYES. OUTSIDE (18) WHERE THE PCB, THE HOT PCB, GOT INTO THE FISH MEAL. (20) Q WAS THAT DISCUSSED AT A BOARD OF (21) DIRECTORS' MEETING? (22) AI DON'T KNOW. (19) THAT FISH MEAL WAS LATER SOLD TO (20) COMPANIES THAT MADE CHICKEN FEED AS AN (23) Q DID YOU EVER SEE ANY BOARD MINUTES (24) TOUCHING ON THAT? INGREDIENT. (25) A NO, NO. (21) REPORTS THEN WERE MADE THAT FLOCKS OF (26) Q SO THAT THE PROGRAM THEN WAS TO TAKE THE (22) CHICKENS AND OTHER POULTRY WERE BEING AFFECTED. (27) RISK AWAY FROM MONSANTO AND PUT IT WITH THE CUSTOMER? (23) SOME OF THEM WERE SICK AND THEY - THE (24) EGGS WOULDN'T HATCH. (25) SO THAT IS THE EAST C'OAST TERMINAL'S (26) INCIDENT. (28) A WELL, THAT WAS ONE PART OF THE INTENT OF Page 1947 (1) THAT DOCUMENT. (2) QALL RIGHT. OKAY. (27) AND HOLLY FARMS WAS ONE OF THE COMPANIES (28) AFFECTED._______________ _______________________ (3) A THE OTHER WAS TO EMPHASIZE TO THE - LET (4) ME BACK OFF. Page 1945 (1) Q OKAY. AND MONSANTO GOT SUED BECAUSE OF (2) THAT INCIDENT? (5) THE PERSON SIGNING THAT DOCUMENT HAD TO (6) BE A TOP OFFICIAL OF THE CUSTOMER'S COMPANY. (7) IT WAS A HOPED-FOR EFFECT WHERE WHEN WE (3) AYES. (4) Q SO BY THIS TIME IT WAS DECIDED IF WE ARE (5) GOING TO STILL SELL PCB'S WHAT WE HAVE TO DO (8) FIND A VICE-PRESIDENT OR PRESIDENT SIGNING THE (9) DOCUMENT, HE IS THEN IN A POSITION WHERE HE CAN HERE AS (6) A COMPANY, IF THE CUSTOMER WANTS TO USE (10) PROVIDE THE NECESSARY MONEY AND PEOPLE AND WHAT HAVE THEM, ITS (7) OKAY BY US. ITS THEIR RISK, NOT OUR RISK, MONSANTO? (8) A AT A CERTAIN POINT. (11) YOU TO CONTROL THAT USE OF THE PCB'S THAT HIS COMPANY (12) IS HAVING AND THAT WAS REALLY A MAJOR BENEFIT THAT (9) Q OKAY. (10) A IT'S NOT THEIR RISK BACK AT OUR PLANT. (13) MONSANTO HOPED TO GET OUT OF THIS HOLD HARMLESS (11) THE MINUTE THE MATERIAL IS IN THEIR HANDS (14) DOCUMENT. (12) IT'S THEIR RESPONSIBILITY. (13) Q IT WOULD BE THEIR RESPONSIBILITY IF THEY (14) WANTED TO USE IT? (15) Q OKAY. AND IF THE PRESIDENT OR REALLY (16) SENIOR OFFICER OF A COMPANY SIGNED IT, THEN YOU WERE (15) A CORRECT. (16) Q AND MONSANTO WOULD BE HELD HARMLESS? (17) A IN A LEGAL SENSE, YES. (18) Q YES. (19) IN A LEGAL SENSE, MONSANTO STARTED ASKING (20) CUSTOMERS FOR SOMETHING CALLED A "HOLD-HARMLESS (21) AGREEMENT," RIGHT? (17) REALLY SURE THAT THEY WERE STUCK, RIGHT? (18) MR. PREUSS: OBJECTION, ARGUMENTATIVE. (19) THE COURT: SUSTAINED. " (20) Q BY MR. TALLON: MR. PAPAGEORGE, (21) THROUGHOUT THE PERIOD THAT YOU GOT INVOLVED WITH (22) PCB'S AT MONSANTO, THERE WAS INTEREST BY GOVERNMENTS (22) AYES. (23) Q AND WHAT THAT WAS ABOUT WAS A DOCUMENT (24) THAT MONSANTO GAVE TO CUSTOMERS, RIGHT? (23) AND GOVERNMENTAL AGENCIES IN THE PCB QUESTION, (24) CORRECT? (25) A WELL, IT OFFERED THE DOCUMENT FOR (26) SIGNING. (27) Q YES. (28) MONSANTO WOULD OFFER THE DOCUMENT FOR (25) A CERTAINLY. (26) Q OKAY. AND, IN FACT, THERE WAS INTEREST (27) WE HAVE SEEN FROM OFFICIALS IN GEORGIA ABOUTTHOSE (28) DAIRY HERDS, RIGHT? Transwestern v. Monsanto Page 1944 to Page 1947 WATER PCB-SD0000075843 BSA Page 1948 to Page 1949 Trial Transcript [December 7,1993] XMAX(18) Page 1948 (1) A CERTAINLY. (2) Q AND OFFICIALS IN OHIO? (3) AYES. (4) Q AND WE SAW THE DEPARTMENT OF THE INTERIOR (5) HAD WRITTEN TO MONSANTO? (6) AYES. (7) Q OKAY. AND THE STATE OF CONNECTICUT? (8) AYES. (9) Q AND ALSO, LETS SEE, AT ONE POINT, (10) ACTUALLY, THE DEPARTMENT OF JUSTICE, THE FEDERAL (11) DEPARTMENT OF JUSTICE IN WASHINGTON, THREATENED SUIT (12) AGAINST MONSANTO ABOUT PCB'S LEAVING MONSANTO'S (13) PLANTS INTO THE ENVIRONMENT, RIGHT? (14) A GOSH, I DON'T REMEMBER THAT ONE. (15) IF I HAD SOME DOCUMENTS TO REFRESH MY (16) MEMORY. (17) Q WE WILL TRY DO THAT RIGHT NOW. (18) WHILE WE ARE DOING THAT, IN MARCH OF 1969 (19) THE GOVERNMENT OF SWITZERLAND BANNED PCB'S FOR USE IN (20) THAT COUNTRY ALTOGETHER, RIGHT? (21) A I DON'T THINK IT WAS A TOTAL BAN. (22) IT WAS A RESTRICTED USE. (23) IT SEEMS TO ME ON ELECTRICAL APPLICATIONS (24) IT WAS PERMITTED UNDER THE PROPER CONDITIONS. (25) THAT IS MY RECOLLECTION. (26) Q MR. PAPAGEORGE, I JUST WANT TO SHOW YOU A (27) DOCUMENT. (28) I PARTICULARLY WANT YOU TO TAKE AS MUCH Page 1949 (1) TIME AS YOU WANT TO READ IT. (2) I WANT TO KNOW IF YOU CAN LOOK AT PAGE 2 (3) AND TELL ME WHETHER THAT REFRESHES YOUR RECOLLECTION (4) WHETHER OR NOT THE GOVERNMENT OF SWITZERLAND PUT A (5) TOTAL BAN OF USING PCB'S IN THAT COUNTRY IN 1969. (6) MR. PREUSS: OBJECTION, WITHOUT FOUNDATION. (7) THE COURT: IS THERE AN EXHIBIT NUMBER, (8) MR. TALLON? (9) MR. TALLON: WE WILL HAVE TO GIVE IT ONE, YOUR (10) HONOR. (11) THE COURT: THE OBJECTION IS SUSTAINED. (12) MR. TALLON: TO REFRESH? (13) THE COURT: SUSTAINED. (14) MR. TALLON: OKAY. (15) MAY I HAVE THAT BACK, PLEASE? (16) Q MR. PAPAGEORGE, CONGRESSMAN RYAN STARTED (17) WRITING TO MONSANTO IN APRIL, 1970. WE SAW THAT (18) LETTER YESTERDAY? (19) AYES. ' (20) Q AND IN APRIL, 1970 THE FDA, THE FOOD AND (21) DRUG ADMINISTRATION, ANNOUNCED THAT IT WAS COMMENCING (22) A TOXICITY STUDY OF PCB'S? (23) A THEY WERE INTERESTED IN IMPLEMENTING A (24) TOXICITY STUDY. (25) THERE WAS SOME PLANNING REGARDING THAT. (26) I DON'T RECALL THEM EVER CONDUCTING ONE. (27) Q AND IN APRIL OF 1970 CONGRESSMAN RYAN (28) TOOK THE FLOOR OF THE HOUSE TO MAKE A SPEECH ABOUT Transwestern v. Monsanto WATER PCB-SD0000075844 " BSA Trial Transcript [December 7,1993] Page 1950 (1) PCB'S, RIGHT? (2) A HE DID. (3) Q AND IN JUNE, 1970 CONGRESSMAN RYAN WROTE (4) AGAIN TO MONSANTO? (5) AYES. (6) Q IN SEPTEMBER, 1970 THE PARLIAMENT OF (7) FINLAND PROPOSED A RESTRICTION ON PCB'S? (8) AYES. (9) Q AND IN OCTOBER AND DECEMBER OF 1970 (10) CONGRESSMAN RYAN WAS IN CONGRESS MAKING ADDITIONAL (11) SPEECHES CALLING FOR REGULATION OF PCB'S? (12) AI BELIEVE THAT'S RIGHT, YES. (13) Q OKAY. IN FEBRUARY, 1970, THE STATE OF (14) MASSACHUSETTS BANNED ANY DISCHARGE OF PCB'S INTO THE (15) ENVIRONMENT, RIGHT? (16) A THAT I DONT RECALL. (17) Q IN FEBRUARY OF 1971 THE SWEDISH (18) ENVIRONMENT PRESERVATION AUTHORITY ASKED FOR A PCB (19) BAN, RIGHT? (20) AYES. (21) Q AND IN APRIL OF 1971, THE U.S. COUNSEL ON (22) ENVIRONMENTAL QUALITY SPECIFICALLY CITED PCB'S AS AN (23) ENVIRONMENTAL HAZARD, AM I RIGHT? (24) AI DONT REMEMBER THAT ONE. (25) I JUST DONT REMEMBER. (26) Q IN MAY OF 1971 CONGRESSMAN RYAN (27) INTRODUCED A BILL IN CONGRESS TO BAN PCB'S COMPLETELY (28) IN THE UNITED STATES, RIGHT? Page 1951 (1) A CONGRESSMAN RYAN INTRODUCED TWO BILLS. (2) ONE WAS TO RESTRICT THE USE AND FINALLY (3) THE SECOND ONE, AS I RECALL, WAS THE TOTAL BAN ON (4) USE, MANUFACTURE, SHIPPING. (5) THAT IS ABOUT THE RIGHT DATE FOR THE (6) SECOND ONE, AS I REMEMBER. (7) Q IN MAY OF 1971 MONSANTO RESEARCHERS AND (8) OLA PALME MET WITH THE SWEDISH ENVIRONMENTAL (9) PROTECTION BOARD AND REPORTED BACK TO YOU THAT SWEDEN (10) WAS EXPECTED TO BAN PCB'S EFFECTIVE JANUARY, 1972? (11) AYES. (12) Q AND BY THE SUMMER OF 1971 THE FIRST (13) VERSION OF THE TOXIC SUBSTANCES CONTROL ACT HAD BEEN . (14) INTRODUCED IN CONGRESS? (15) AYES. (16) Q IN AUGUST, 1971 YOU HAD - WELL, CONGRESS (17) HELD THE FIRST HEARINGS ON TSCA? (18) AI DONT RECALL THE EXACT TIMING. (19) THAT SOUNDS RIGHT. (20) Q DO YOU REMEMBER THAT IN AUGUST, 1971 (21) SENATOR FONG ON THE FIRST HEARING ON TSCA DECLARED (22) THE NEED FOR FURTHER PROTECTION FROM PCB'S? (23) AI DO. (24) Q DO YOU REMEMBER THAT IN OCTOBER OF 1971 (25) THAT THE GOVERNMENT OF THE COUNTRY OF HOLLAND WAS (26) CONSIDERING A COMPLETE BAN ON PCB'S? (27) AYES. (28) Q SO WOULD YOU AGREE WITH ME THAT THERE WAS Transwestern v. Monsanto XMAX(19) Page 1950 to Page 1951 WATER PCB-SD0000075845 BSA Trial Transcript [December 7,1993] XMAX(20) Page 1952 (1) A GREAT DEAL OF GOVERNMENTAL ATTENTION BEING GIVEN TO (2) PCB'S AND IT WAS INCREASING? (3) AYES. (4) Q WASN'T THE REASON THAT MONSANTO GOT OUT (26) WAS DEVELOPED AT THE END OF 1971 TO GO TO THE (27) CUSTOMERS FOR TURBINOL LIKE TEXAS EASTERN AND SAY, (28) "IF YOU WANT TO CONTINUE TO BUY IT YOU GOT TO SIGN (5) OF THE PCB BUSINESS, MR. PAPAGEORGE, THE REASON THAT (6) THE HANDWRITING WAS ON THE WALL? (7) AI DON'T KNOW THAT WHEN MONSANTO Page 1954 (1) THE HOLD HARMLESS LETTER"? (2) A YOU USED THE PLURAL, "CUSTOMERS." (3) I DON'T RECALL ANY OTHER THAN TEXAS ANNOUNCED (8) IT WAS READY TO GET OUT OF THE BUSINESS THAT A TOTAL (9) BAN WAS NECESSARILY IMMINENT. (4) EASTERN, ONE CUSTOMER. (5) YES, WE DID GO TO THEM WITH THAT (6) NOTIFICATION. (7) Q YOU KNOW THAT IN JANUARY OF 1972 THERE (10) WE COULD SEE CONTROLLED USE AS THE (11) REALISTIC APPROACH, BUT NOT A TOTAL BAN. (12) I JUST DON'T - I DID NOT PERCEIVE THAT (13) THAT WAS THE REASON FOR MONSANTO GETTING OUT ' (14) TOTALLY. (15) Q NOW, IN YOUR EXPERIENCE WITH PCB'S YOU (16) KNEW THAT THEY HAD A STICKY CHARACTERISTIC; (8) WAS A MEETING IN HOUSTON TEXAS, RIGHT, BETWEEN (9) MONSANTO AND PEOPLE FROM TEXAS EASTERN? (10) AI LEARNED AFTER IT WAS HELD, YES. (11) Q DID YOU KNOW THAT THERE WAS A (12) REPRESENTATIVE THERE FROM TRANSWESTERN PIPELINE (13) COMPANY? IS THAT (17) RIGHT? (18) A WELL, THEY WERE SORT OF OILY AND GUMMY. (19) Q WOULD YOU AGREE WITH ME THAT PCB'S HAVE A (20) TENDENCY TO CLING TO SOLID SURFACES? (21) A OH, YES, LIKE MANY OILY PRODUCTS. (14) AI FOUND THAT OUT YEARS LATER, YES. (15) Q AND AT THAT MEETING YOU LEARNED THAT THE (16) MONSANTO REPRESENTATIVES WHO ATTENDED TOLD TEXAS . (17) EASTERN AND TRANSWESTERN THAT 'YOU HAVE TO SIGN THIS (22) QYEAH. (23) A THAT ARE WATER INSOLUBLE. (24) Q IN FACT, MONSANTO RESEARCHERS FOUND (18) HOLD HARMLESS LETTER IF YOU WANT TO CONTINUE TO BUY (19) THE PRODUCT," RIGHT? THAT (25) PCB'S WERE CLINGING TO THE GLASS TEST TUBES (20) AI WASN'T AWARE OF TRANSWESTERN, AT ALL, (21) UNTIL THIS CASE CAME UP. AND (26) BEAKERS WHICH THEY WERE USING IN THE LAB, (22) SO I HAVE TO SAY, YEAH, WITH TEXAS (23) EASTERN. RIGHT? (27) A YES, JUST LIKE OTHER WAXES AND OILS, (28) UH-HUH. Page 1953 (1) Q NOW, AS I RECALL YOU STARTED CONTROLLING (24) Q SO WOULD YOU SAY AT THE MEETING IN (25) JANUARY OF 1972 IN HOUSTON MONSANTO REPS WENT DOWN (26) AND SAID TO THE PEOPLE FROM TEXAS EASTERN, "IF YOU (2) THE PLANT DISCHARGES AT MONSANTO DOWN TO THE LEVEL OF (3) PARTS PER BILLION WHEN, 1970? (4) AWE ESTABLISHED IN 1970 A TARGET TO REACH (5) 10 PARTS PER BILLION OF PCB'S IN THE WASTE (27) WANT TO CONTINUE TO BUY THIS PRODUCT YOU HAVE TO SIGN (28) THE HOLD HARMLESS LETTER"? Page 1955 (1) A THAT IS MY UNDERSTANDING, YES, SIR. WATER (6) DISCHARGED FROM THE PLANT TO THE TREATMENT PLANTS. (7) Q OKAY. NOW, YOU TOLD ME A LITTLE EARLIER (8) THAT FOR YOUR INFORMATION ON HOW TURBINOL (2) Q IT WAS YOUR UNDERSTANDING THAT MONSANTO (3) WAS WILLING TO CONTINUE SELLING THE PRODUCT IF THE (4) LETTER HAD BEEN SIGNED? (5) A FOR A SIX-MONTH PERIOD. WAS USED (9) YOU RELIED ON NORM JOHNSON? (10) AYES. (11) Q AND IN YOUR EXPERIENCE MONSANTO'S (6) IT WASN'T A FOREVER KIND OF ARRANGEMENT. (7) Q DID YOU KNOW, MR. PAPAGEORGE, THAT AT THE (8) TIME MONSANTO WAS SELLING TURBINOL TO TEXAS EASTERN ' (12) SALESMEN WERE PRETTY KNOWLEDGEABLE ABOUT THE WAY / (13) THEIR CUSTOMERS USED MONSANTO PRODUCTS, (9) THAT THERE WERE ALTERNATIVE PRODUCTS AVAILABLE? (10) A CERTAINLY. RIGHT? (14) AYES. (15) Q IN FACT, IT HELPED THE SALESMEN TO SELL (16) THE PRODUCT IF THEY UNDERSTOOD THE CUSTOMER'S (11) Q DID YOU KNOW THAT ONE OF THE ALTERNATIVE (12) PRODUCTS WAS CALLED CELLULUBE? (13) A I DON'T RECALL THAT NAME. (14) Q DID YOU KNOW ABOUT SOMETHING CALLED (15) FYRQUEL? (17) BUSINESS? (16) AYES. (18) A CORRECT. (19) Q OKAY. YOU PUTTURBINOL-153 ON THE (20) APPROVED CUSTOMER LIST SOMETIME IN 1971? (21) A CORRECT. (22) Q AND YOU WERE AWARE THAT THE CUSTOMERS FOR (23) PCB, TURBINOL-153, WERE BUYING IT IN 1971? (24) AYES. (25) Q OKAY. AND YOU BECAME AWARE THAT A PLAN (17) Q AND THEY DIDN'T CONTAIN PCB'S? (18) A THAT IS CORRECT. (19) Q AND YOU KNEW THAT THAT WAS APPROPRIATE (20) FOR USING IN TURBINES JUST LIKE TURBINOL? (21) A THAT WAS AN UNDERSTANDING I HAD. (22) Q NOW, MR. JOHNSON, WHEN HE WAS BRIEFING (23) YOU ON HOW TURBINOL WAS USED, TOLD YOU THAT LEAKS (24) COULD OCCUR WITH FLUIDS IN THE GAS TURBINE Page 1952 to Page 1955 Transwestern v. Monsanto WATER PCB-SD0000075846 " BSA Trial Transcript [December 7,1$93] XMAX(21) SYSTEM, (25) RIGHT? Page 1958 (1) Q HOW DO THEY OCCUPY THEIR TIME AT PRESENT? (26) A HE ALSO TOLD ME THAT IT COULD BE MANAGED, (27) CONTROLLED. (28) Q AND YOU KNEW TURBINOL WAS GETTING INTO Page 1956 (1) THE GAS STREAM? (2) AI KNEW THAT THE LIQUID COLLECTED FROM THE (2) A THE SON, THE OLDER ONE, IS A PHYSICIAN, (3) DOCTOR. (4) THE DAUGHTER IS AN ATTORNEY. (5) Q AND DO THEY RESIDE IN THE ST. LOUIS AREA? (6) A THE DAUGHTER DOES. (7) Q AND THE SON? (3) SYSTEM CONTAINED SOME TURBINOL. (4) Q THE LIQUID COLLECTED FROM THE SYSTEM. (5) BY THAT, DO YOU MEAN THE LIQUIDS INSIDE (6) THE PIPELINE? (7) A AS I UNDERSTAND IT, ALONG WITH THE GAS (8) THERE ARE MATERIALS IN THAT GAS STREAM THAT COME OUT (8) A THE SON IS IN BOWLING GREEN, KENTUCKY. (9) Q NOW, YOU RECEIVED YOUR COLLEGE EDUCATION (10) AT WASHINGTON UNIVERSITY? (11) AYES. (12) Q THAT IS IN ST. LOUIS? (13) AYES. (14) Q AND YOUR YEAR OF GRADUATION, SIR? (9) AS A LIQUID. . (10) AND IT IS COLLECTED ALONG THIS PIPELINE (11) AND PROPERLY HANDLED. (12) THAT WAS THE MESSAGE I GOT. (13) Q AND THE MESSAGE YOU GOT WAS THAT THERE (14) WERE PCB'S INSIDE THE PIPELINE WITH THAT LIQUID; IS (15) THAT RIGHT? (16) AI DON'T KNOW IF - IT WAS WITH THE (17) LIQUID. (18) I CANT DESCRIBE WHAT IT DID WITH IT (19) INSIDE THE PIPELINE. (20) Q OKAY. BUT IN ORDER FOR THE LIQUIDS TO (21) HAVE PCB'S IN THEM YOU UNDERSTOOD THAT THE TURBINOL (22) HAD TO BE INSIDE THE PIPELINE? (15) A MY FIRST DEGREE, THE BACHELOR'S DEGREE, (16) WAS 1943. (17) Q AND AFTER RECEIVING YOUR BACHELOR'S (18) DEGREE YOU SOUGHT FURTHER EDUCATION? (19) A I DID. (20) Q AND IN WHAT SUBJECT? (21) A CHEMICAL ENGINEERING. (22) Q WAS THAT YOUR MAJOR AS AN UNDERGRADUATE? (23) AYES. (24) Q AND WHERE DID YOU SEEK YOUR GRADUATE (25) WORK? (26) A THE SAME UNIVERSITY, WASHINGTON (27) UNIVERSITY. (28) Q AND DID YOU OBTAIN A DEGREE? Page 1959 (23) A IT GOT INTO THE GAS STREAM, YES. (24) Q OKAY. (25) MR. TALLON: NOTHING FURTHER. (26) THE COURT: ALL RIGHT. (27) MR. PREUSS? (28) III: Page 1957 ITpSHOSS EXAMINATION (2) BY MR. PREUSS: (3) Q GOOD MORNING, MR. PAPAGEORGE. (4) A GOOD MORNING. (5) Q ITS STILL MORNING, ISN'T IT? (6) A IT IS STILL MORNING. (7) Q CAN YOU TELL US WHERE YOU LIVE, SIR? (8) A MY ADDRESS IS 321 PEBBLE VALLEY DRIVE, (9) ST. LOUIS, MISSOURI, 63141. (10) Q AND WHEN WERE YOU BORN, SIR? (11) A SEPTEMBER 7TH, 1922. (12) Q AND WHERE WERE YOU BORN? (13) A ST. LOUIS. (14) Q AND WHERE YOU WERE RAISED? (15) A ST. LOUIS. (16) Q AND ARE YOU MARRIED? (17) AYES. (18) Q HOW LONG HAVE YOU BEEN MARRIED? (19) A OVER 45 YEARS. (20) Q DO YOU HAVE ANY CHILDREN? (21) AYES. (22) Q HOW MANY? (23) A TWO, A BOY AND A GIRL. (24) Q THEIR AGES? (1) AYES, MASTER OF SCIENCE IN CHEMICAL (2) ENGINEERING. (3) Q AND THE YEAR YOU OBTAINED YOUR DEGREE? (4) A 1947. (5) Q ANY FURTHER EDUCATION BEYOND THAT? (6) AI HAVE EARNED CREDITS AT OKLAHOMA A AND M (7) TOWARD A DOCTOR OF SCIENCE DEGREE. (8) Q IN WHAT SUBJECT? (9) A CHEMICAL ENGINEERING. (10) Q DID YOU EVER RECEIVE YOUR DOCTORATE? (11) A NO. (12) Q WITH RESPECT TO YOUR COLLEGE EDUCATION, (13) YOUR MASTER'S WORK AND YOUR COURSE STUDIES TOWARD A (14) DOCTORATE, DID YOU EVER INTERRUPT THOSE STUDIES AT (15) ANYTIME? (16) AI DID, YES, BETWEEN THE BACHELORS AND (17) MASTERS. (18) Q BETWEEN THE BACHELORS AND MASTERS? (19) AYES. (20) Q FOR WHAT REASON? (21) A MILITARY SERVICE. (22) Q IN WHAT YEARS WERE YOU IN THE MILITARY? (23) A WELL, IT WOULD BE '43 TO '46. (24) Q WORLD WAR II? (25) A WORLD WAR II, YES. (26) Q AND WAS THE NATURE OF YOUR SERVICE IN ANY (27) WAY RELATED TO YOUR EDUCATIONAL BACKGROUND IN (28) CHEMICAL ENGINEERING? (25) A LATE THIRTIES. (26) I HAVE TO SUBTRACT HERE. (27) 39 AND 38. (28) THE BOY IS 39. THE DAUGHTER IS 38, Transwestern v. Monsanto Page 1955 to Page 1959 WATER PCB-SD0000075847 BSA Trial Transcript [December 7,1993] XMAX(Z2) Page 1960 (28) A I AM. (1) AI SUPPOSE - THERE WAS A PERIOD OF TIME (2) WHEN I COULD AND DID USE MY TRAINING IN Page 1962 (1) Q AND WHAT SOCIETIES? CHEMICAL (3) ENGINEERING. (4) Q WHAT PART OF THE SERVICE WERE YOU IN? (5) AI STARTED OUT IN THE ANTI-AIRCRAFT (2) A THE AMERICAN INSTITUTE OF CHEMICAL (3) ENGINEERING - ENGINEERS, AND AMERICAN CHEMICAL (4) SOCIETY. (6) ARTILLERY, WAS TRANSFERRED TO INFANTRY AND EVENTUALLY (7) ENDED UP IN THE CORPS OF ENGINEERS. (8) Q AND WHAT WORK DID YOU DO IN THE CORPS OF (9) ENGINEERS, SIR? ' (10) A WELL, MY INITIAL ASSIGNMENT WITH THAT (5) Q AND IS YOUR REGISTRATION AS AN ENGINEER (6) STILL ACTIVE, SIR? (7) AYES. (8) Q LETS TURN TO YOUR EMPLOYMENT. (9) WHAT WAS YOUR FIRST JOB AFTER RECEIVING (10) YOUR EDUCATION, SIR? (11) PART OF THE SERVICE WAS IN JAPAN. (11) A AFTER I GOT MY MASTER OF SCIENCE DEGREE I (12) I HAD A TEAM AND WE WERE TO INSPECT (13) FACILITIES IN A PREFECTURE, WHICH IS LIKE A (12) WAS HIRED BY PHILLIPS PETROLEUM COMPANY AFTER I COUNTY (14) OR - A LITTLE PORTION OF THE COUNTRY, AND LOOK (13) RECEIVED MY MASTER'S DEGREE I WAS HIRED BY PHILLIPS FOR (15) CHEMICAL WARFARE SUPPLIES AND EQUIPMENT. (16) Q ANY OTHER ASSIGNMENTS WHERE YOU SERVED IN (17) THE MILITARY AS PART OF THE CORPS OF ENGINEERS? (18) A FOR THE CORPS OF ENGINEERS, NO. (19) FOLLOWING THAT CHEMICAL WARFARE (14) PETROLEUM COMPANY IN BARTLESVILLE, OKLAHOMA. (15) Q WHAT WAS YOUR JOB TITLE, FIRST JOB? (16) A MY INITIAL JOB ASSIGNMENT WAS RESEARCH (17) CHEMICAL ENGINEER IN THEIR RESEARCH DEPARTMENT. (18) Q OKAY. AND HOW LONG DID YOU REMAIN IN (19) THAT CAPACITY? (20) ASSIGNMENT I WAS IN CHARGE OF A CONSTRUCTION (20) A TWO YEARS. FORA (21) Q AND WHAT WAS YOUR NEXT ASSIGNMENT? (21) MILITARY CAMP FOR UNITED STATES SOLDIERS, (22) AI WAS THEN A DESIGN ENGINEER, A PROCESS ARMY. (22) Q ARE YOU A REGISTERED ENGINEER AT THIS (23) ENGINEER IN THE COMPANY'S REFINING DEPARTMENT. (23) TIME? (24) AYES, UH-HUH. (25) Q A CHEMICAL ENGINEER? (24) Q AND CAN YOU TELL US JUST BRIEFLY WHAT (25) A - WHAT A RESEARCH CHEMIST DOES AS OPPOSED TO A (26) A THEY DON'T REGISTER BY ANY PARTICULAR (26) DESIGN ENGINEER? (27) TITLE. (27) A WELL, IN MY ASSIGNMENT AS A RESEARCH (28) IT'S JUST A TOTALPage 1961 (28) ENGINEER I WAS INVOLVED WITH PROJECTS THAT HAD TO DO (1) Q A GENERAL? (2) A GENERAL ENGINEERING, YES, SIR. (3) Q WHAT IS THE WORK OF A CHEMICAL ENGINEER? (4) WHAT IS THE NATURE OF THAT WORK? (5) AI WILL TRY TO DESCRIBE IT. (6) ITS THE USE OF KNOWLEDGE ABOUT Page 1963 (1) WITH THE DRILLING MUGS USED BY DRILLING RIGS LOOKING (2) FOR OIL OR TAPPING THE OIL AND ALSO WITH THE (3) TECHNOLOGY NEEDED TO USE WATER TO INJECT INTO OLD (7) MATERIALS, SUBSTANCES, CHEMICALS, HOW THEY BEHAVE (4) WELLS TO DRIVE OFF THE REMAINING OIL IN AN OIL SYSTEM (8) UNDER PRESSURE AND TEMPERATURE, HOW THEY REACT WITH (5) AND PUSH IT UP TO THE SURFACE WHERE IT COULD BE USED. (9) EACH OTHER, AND THE INTENT IS TO START WITH MATERIAL (10) OR MATERIALS AND END UP WITH A DIFFERENT (6) SO THAT WAS CALLED SECONDARY RECOVERY. (7) WHEN THE OIL FIELD IS PRETTY WELL EXHAUSTED, YOU PUT MATERIAL ' (11) THAT SOMEBODY THINKS IS USEFUL TO THEM. (12) AND YOU COMBINE THAT WITH KNOWLEDGE THAT (13) YOU GAIN BY TRAINING IN MATHEMATICS, IN (8) WATER IN THERE TO PRESSURE OUT THE REST OF THE OIL. (9) SO I WAS INVOLVED WITH THAT KIND OF (10) WORK. PHYSICS, (14) MECHANICAL KINDS OF THINGS. (15) USING ALL OF THAT KNOWLEDGE, YOU END UP (11) Q ALL RIGHT. ANY OTHER JOBS THAT YOU HAD (12) WHILE YOU WORKED AT PHILLIPS, SIR? (13) A NO. (16) WITH THE ABILITY TO PUT TOGETHER THE NECESSARY (17) EQUIPMENT TO GO FROM ONE SUBSTANCE TO (14) Q AND HOW LONG WERE WITH YOU PHILLIPS? (15) A FOUR YEARS. (16) Q THAT TAKES US TO WHAT YEAR? ANOTHER AND DO (17) A'51. (18) IT SAFELY AND ECONOMICALLY. (19) Q HOW LONG HAVE YOU BEEN A REGISTERED (20) ENGINEER, SIR? (21) A 30 YEARS NOW,'63. (22) Q AND WAS AN EXAMINATION REQUIRED TO OBTAIN (23) THAT REGISTRATION? (24) A YES, PLUS GRADUATION FROM A CERTIFIED (25) ENGINEERING SCHOOL. (26) Q ARE YOU A MEMBER OF ANY PROFESSIONAL (27) SOCIETIES AT THE PRESENT? (18) Q IN 1951 DID YOU FIND OTHER EMPLOYMENT? (19) A I DID. (20) Q AND WHERE? (21) A WITH MONSANTO COMPANY IN ST. LOUIS. (22) Q AND CAN YOU SUMMARIZE THE TIME PERIODS (23) THROUGH VARIOUS JOBS AT MONSANTO FOR US. (24) AI WILL TRY. (25) FROM 1951 TO 1964 I WAS EMPLOYED AT THE (26) JOHN F. QUEENY PLANT OF MONSANTO WHICH IS LOCATED IN Page 1960 to Page 1963 Transwestern v. Monsanto WATER PCB-SD0000075848 ' BSA__________________ Trial Transcript [December 7,1993] XMAX(23) (27) ST. LOUIS. (28) DURING THAT PERIOD OF TIME I HAD VARIOUS Page 1964 (1) ASSIGNMENTS RANGING FROM DESIGN ENGINEER TO (2) MANUFACTURING SUPERVISOR TO MAINTENANCE SUPERVISOR (3) AND SUPERINTENDENT TO ENGINEERING SUPERINTENDENT AND (4) FINALLY REACHED THE LEVEL OF GENERAL SUPERINTENDENT (5) OF PLANT SERVICES. (6) IN '641 WAS TRANSFERRED TO THE MONSANTO (27) PRODUCTS? (28) A YES, STARTING IN 1963. Page 1966 (1) Q AND TURBINOL WAS A PRODUCT THAT WAS (2) BLENDED AT THE QUEENY PLANT? (3) AYES, SIR. (4) Q AND DID YOU HAVE ANY PCB INVOLVEMENT, AT (5) ALL, AT THE KRUMMRICH PLANT, SIR? (6) A AGAIN, ONLY AS A USER OF EQUIPMENT (7) CONTAINING THE PCB'S. (8) Q OKAY. AFTER KRUMMRICH YOU WENT WHERE, (9) SIR? (7) PLANT IN SAUGET, ILLINOIS, S-A-U-G-E-T, AS A GENERAL (8) SUPERINTENDENT RESPONSIBLE FOR A GIVEN GROUP OF (9) PRODUCTS. (10) Q IS SAUGET ALSO REFERRED TO AS THE (11) KRUMMRICH PLANT? (12) A IT IS, YES. (13) Q SO WE CAN USE THOSE INTERCHANGEABLY? (14) A CORRECT. (15) Q AND HOW LONG WERE YOU AT THE SAUQET (16) PLANT? (10) AI WAS APPOINTED PLANT MANAGER OF THE (11) ANNISTON, ALABAMA MONSANTO PLANT. (12) Q AND WHAT WAS MANUFACTURED AT THE ANNISTON (13) PLANT, SIR? (14) A WELL, OF COURSE, PCB'S WERE MANUFACTURED (15) THERE AND ANOTHER PRODUCT LINE THAT WE CALLED PCT'S. (16) THAT IS POLYCHLORINATED TERPHENYLS WERE MANUFACTURED (17) THERE. (18) WE HAD A PRODUCT LINE WE CALLED HB-40 (17) A ABOUT A YEAR. ' (18) Q AND YOU WERE GENERAL SUPERINTENDENT OF (19) MANUFACTURING? (19) WHICH IS A NON-CHLORINATED BIPHENYL PRODUCT. (20) WE MADE HYDROCHLORIC ACID WHICH IS (21) MURIATIC ACID. YOU MAY HAVE HEARD IT (20) AYES. (21) Q AND WHAT WAS THE MANUFACTURING (22) RESPONSIBILITY YOU HAD THERE? DESCRIBED AS (22) SUCH. (23) WE MADE CHLORINE WHICH WE USED IN THE (23) AI WAS RESPONSIBLE FOR THE MANUFACTURE (24) PLANT. (24) OF - I NEVER REALLY DID COUNT, A DOZEN OR SO (25) WE ALSO MADE AN AGRICULTURAL CHEMICAL (25) PRODUCTS. (26) I WAS EXPECTED TO DO THAT AND MEET (26) USED IN THE COTTON FIELDS FOR BOLL WEEVIL CONTROL. (27) CERTAIN TARGETS REGARDING HOW MANY POUNDS (27) WE MADE SOME OF THE MATERIALS USED IN THE WERE MADE (28) AND WERE THEY OF THE RIGHT QUALITY AND WERE THEY MADE_____________ ___________________________________ Page 1965 (1) AT THE PROPER COSTS. (2) Q WHILE YOU WERE AT QUEENY, THE 13 YEARS AT (3) QUEENY BETWEEN 51 AND '64, DID YOU WORK WITH (28) MANUFACTURE OF THIS AGRICULTURAL MATERIAL. Page 1967 (1) Q HOW LONG WERE YOU THE PLANT MANAGER AT (2) ANNISTON? (3) A UNTIL THE END OF 1969. (4) SO IT'S '65 THROUGH '69. (5) Q ABOUT A FOUR-YEAR PERIOD? PCB (4) PRODUCTS? (5) AYES. (6) Q CAN YOU DESCRIBE THE NATURE OF YOUR (7) CONTACT WITH PCB PRODUCTS AT QUEENY? (8) AI WILL TRY TO REMEMBER SOME OF THEM. (6) A ABOUT, YES, SIR. (7) Q AND ABOUT HOW MANY EMPLOYEES WERE UNDER (8) YOUR SUPERVISION AT THE ANNISTON PLANT DURING THOSE (9) FOUR YEARS? (9) OF COURSE, I WAS INVOLVED WITH (10) MANUFACTURING UNITS THAT USED PCB'S IN THEIR (11) COMPRESSORS. (12) THEY USED PCB'S IN HEAT SYSTEMS. (13) THEY USED PCB'S IN THE CAPACITORS AND (14) TRANSFORMERS. (15) WHILE I WAS WITH THE MAINTENANCE (16) FUNCTION, THE MECHANICS WHO REPORTED TO ME WERE (17) INVOLVED WITH REPAIRING EQUIPMENT THAT HANDLED PCB'S (18) LIKE THE PUMPS AND THE AIR COMPRESSORS AND THE (19) TRANSFORMERS. (20) ALSO, WHEN I WAS THE GENERAL (21) SUPERINTENDENT OF THE SERVICES, I WAS RESPONSIBLE FOR (22) THE USE OF PCB'S IN THE BLENDING OPERATION, WHERE THE (23) PYDRAULS AND TURBINOL WERE BLENDED. (24) THAT WAS MY EXPOSURE AT THE QUEENY PLANT. (25) Q SO AT QUEENY, THEN, YOU HAD (26) RESPONSIBILITY FOR BLENDING CERTAIN MONSANTO (10) A WHEN I FIRST ARRIVED WE HAD ABOUT 150. (11) WHEN I LEFT IT WAS ABOUT 350. (12) Q AFTER ANNISTON, WHAT WAS YOUR NEXT JOB, (13) SIR? (14) AI WAS APPOINTED MANAGER ENVIRONMENTAL (15) CONTROL, ASSIGNED THE RESPONSIBILITY FOR MONITORING (16) AND BEING FAMILIAR WITH THE PCB ENVIRONMENTAL ISSUE (17) THAT WAS GROWING ON MONSANTO AT THE TIME. (18) Q AND YOU WERE INTERVIEWED FOR THATJOB? (19) AI WAS, YES, SIR. (20) Q AND THE JOB WAS GIVEN TO YOU? (21) AYES. (22) Q AND WHEN DID YOU COMMENCE THAT JOB? (23) A OH, OFFICIALLY THE FIRST OF JANUARY, EVEN (24) THOUGH IT WAS A HOLIDAY. (25) Q THE FIRST OF JANUARY, 1970? (26) A 1970, YES. (27) Q AND YOUR JOB TITLE WAS SPECIFICALLY WHAT, (28) SIR? Page 1968 (1) A IT STARTED OUT AS MANAGER, ENVIRONMENTAL (2) CONTROL WAS THE OFFICIAL TITLE. Transwestern v. Monsanto Page 1963 to Page 1968 WATER PCB-SD0000075849 BSA Trial Transcript [December 7,1993] XMAX(24) (3) Q AND HOW LONG DID YOU REMAIN IN THAT JOB, LEFT-HAND (4) EVEN THOUGH I UNDERSTAND YOUR TITLE (7) KNOW WHAT THE RIGHT WAS DOING, AND TO PASS CHANGED? THAT KIND (5) A OH, I HAD RESPONSIBILITIES FOR THE PCB (8) OF INFORMATION TO CUSTOMERS, TO GOVERNMENT (6) ENVIRONMENTAL ISSUE FROM THE JANUARY 1ST, (9) REPRESENTATIVES, TO THE VARIOUS TECHNICAL 1970 UNTIL (10) LABORATORIES, WHETHER THEY BE PRIVATE OR (7) THE END OF FEBRUARY, 1976. UNIVERSITY. (8) Q AND IN 1976 DID YOU SWITCH;YOUR JOBS? (11) THIS WAS WORLDWIDE. (9) AI DID. (12) IT WAS A - SO I BELIEVE THAT WAS THE (10) Q AND WHAT WAS YOUR NEXT JOB? (13) PRINCIPAL JOB THAT I HAD. (11) AI WAS THEN - I CARRIED THE TITLE OF THE (14) IN ADDITION TO THAT, I SERVED AS EYES AND (12) MANAGER PRODUCT ACCEPTABILITY, RESPONSIBLE (15) EARS FOR MY BOSSES TO SEE THAT THINGS WERE FOR 30 OR . ON TRACK (13) SO PRODUCTS THAT MONSANTO MADE IN ANOTHER (16) AND WERE BEING DONE PROPERLY. PART OF (17) I HAD A RESPONSIBILITY FOR REPORTING (14) MONSANTO, NOT THE GROUP THAT HAD THE PCB'S. (18) PROGRESS, ALSO TO MAKE SUGGESTIONS ON WHAT I (15) Q OKAY. AND YOU WERE IN THAT JOB HOW LONG, THOUGHT (16) ABOUT TEN YEARS? (19) WAS THE RESPONSIBLE WAY TO GO, THE PROPER (17) A NO. WAY TO GO. (18) IN 1977. (20) AND I SERVED AS REALLY A PERSON TO KEEP (19) SO THAT WOULD BE A LITTLE OVER A YEAR I (21) THINGS MOVING AND GET THE APPROVAL - (20) WAS APPOINTED A DIRECTOR OF ENVIRONMENTAL APPROVED OPERATIONS (22) PROGRAMS THAT WE HEARD ABOUT THAT CMC (21) FOR ONE OF MONSANTO'S OPERATING UNITS. APPROVED, TO (22) THERE MUST HAVE BEEN, I FORGET NOW, FOUR (23) MAKE SURE THOSE PROGRAMS WERE ON TRACK AND (23) OR FIVE OPERATING UNITS IN MONSANTO. THAT THE (24) I BELONGED TO ONE OF THE FIVE. (24) TARGET DATES WERE MET AND ALL OF THIS WAS (25) Q AND FROM 1977 TO WHAT TIME DID YOU STAY DONE (26) IN THAT JOB? (25) WITHOUT BEING OBNOXIOUS OR, IN OTHER WORDS, (27) A WELL, I HAD THAT TITLE UNTIL THE THE (28) BEGINNING OF 1985. (26) INTENT WAS TO DO IT AND DO IT RESPONSIBLY AND Page 1969 (27) MAINTAIN A RESPECTED IMAGE. (1) BUT WITH SEVERAL MONSANTO REORGANIZATIONS (28) THAT WAS IMPORTANT. (2) THE UNIT THAT I WAS ASSIGNED TO HAD A DIFFERENT Page 1971 (3) TITLE. BUT MY JOB ESSENTIALLY REMAINED THE (1) Q OKAY. AND IF I UNDERSTAND, THEN, YOU SAME. (4) Q OKAY. AND THEN YOU HAD ANOTHER JOB (2) WERE THE FUNNEL OF INFORMATION WORLDWIDE ON PCB'S (5) BEFORE YOU RETIRED? (6) AI HAD A ONE-YEAR ASSIGNMENT AS MANAGER OF (3) COMING INTO THE COMPANY AS WELL AS GOING OUT, THEN, (7) OCCUPATIONAL HEALTH FOR MONSANTO CHEMICAL (4) CORRECT? COMPANY, (5) A WELL, CORRECT, YES. THAT DOESN'T MEAN I (8) AFTER ANOTHER REORGANIZATION. (6) DID IT ONLY. (9) Q OKAY. AND SO YOU WERE IN THAT JOB ABOUT (7) THERE WERE MANY PEOPLE AT MONSANTO DOING (10) A YEAR, THEN? (8) IT, ALSO. (11) A ABOUT A YEAR, YES, SIR. (9) Q AND WHO WERE YOUR BOSSES DURING THAT (12) Q AND YOU RETIRED IN '86? (10) PERIOD OF TIME? (13) A MY LAST WORKING DAY WAS DECEMBER 31 ST, (11) A THE INITIAL SUPERVISOR WAS HOWARD BERGEN, (14) 1986. (12) B-E-R-G-E-N. (15) Q OKAY. AND HAVE YOU HAD ANY EMPLOYMENT (13) ABOUT 1973 - I'M TRYING TO RECALL THE (16) SINCE YOUR RETIREMENT, SIR? (14) DATES, MR. W. R. COREY, C-O-R-E-Y. (17) A OH, I KIND OF CONSIDER MYSELF (15) LATER ON, ABOUT 1975 OR SO, IT WAS R. G (18) SELF-EMPLOYED. (16) POTTER, P-O-T-T-E-R. (19) I DO A LITTLE CONSULTING FOR MONSANTO IN (17) I BELIEVE THAT COVERS THEM ALL. (20) PCB MATTERS. (18) Q MR. BERGEN, THEN, WAS YOUR BOSS DURING (21) Q HAVE YOU CONSULTED FOR OTHER COMPANIES (19) THE EARLY 70'S? AS (20) AYES. (22) WELL? (21) Q ALL RIGHT. MR. PAPAGEORGE, SO FAR AS YOU (23) A ON OCCASION, ALTHOUGH I DON'T GO LOOKING (22) KNOW, IS THERE ANY INDIVIDUAL EITHER PRESENT (24) FOR IT. EMPLOYED (25) Q I WOULD LIKE TO GO BACK A LITTLE BIT TO (26) THE TIME FRAME'70 TO'76, SIR. (23) OR PAST EMPLOYED WHO IS STILL LIVING THAT IS MORE (27) HAVE YOU GIVEN US A FULL DESCRIPTION OF (28) YOUR JOB RESPONSIBILITIES IN THE CAPACITY OF (24) KNOWLEDGEABLE ABOUT MONSANTO'S INVOLVEMENT WITH PCB'S MANAGER (25) THAN YOURSELF? Page 1970 (26) A I'M NOT AWARE OF ANY OTHER PERSON THAT (1) OF ENVIRONMENTAL CONTROL? (27) WAS AS INVOLVED, IN THE VERY BROAD SENSE. (2) A THE PRINCIPAL CONTRIBUTION I MADE ON THAT (28) NOW, WITHIN EACH AREA, LIKE A RESEARCHER, (3) JOB WAS TO SERVE AS THE GUY IN MONSANTO THAT ALLTHE (4) PCB INFORMATION WOULD FLOW TO. (5) IT WAS MY JOB TO THEN PASS THIS ON TO (6) PEOPLE WITHIN MONSANTO, IN A WAY TO LET THE Page 1968 to Page 1971 Transwestern v. Monsanto WATER PCB-SD0000075850 ' bSa Trial Transcript [December 7,1993] XMAX(25) Page 1972 (1) HE WOULD KNOW MORE ABOUT IT THAN I WOULD. (2) BUT IF YOU COVER THE ENTIRE THING, I (3) SUSPECT I'M THE ONE WHO HAS THE MOST KNOWLEDGE. (4) Q NOW, WHILE YOU WERE WORKING FOR MONSANTO (5) AS AN EMPLOYEE, YOU INDICATED YOU WORKED AROUND PCB'S (6) IN CONNECTION WITH YOUR JOBS AT QUEENY, KRUMMRICH AND (7) ANNISTON; IS THAT CORRECT? (8) A THAT IS CORRECT. (9) Q WHAT HANDLING TECHNIQUES DID YOU USE WITH (10) RESPECT TO PCB'S? . (23) Q AND HOW DID YOU LEARN ABOUT THESE (24) SAFE-HANDLING PROCEDURES? (25) A THERE ARE SEVERAL WAYS. (26) EACH MANUFACTURING PROCESS HAS AVAILABLE (27) A REPORT IN WHICH THE WORKERS AND THE SUPERVISORS AND (28) EVEN THE PLANT MANAGERS SHOULD AND DO READ ON THE_________________ ___________________________________ Page 1974 (1) KINDS OF CHEMICALS BEING HANDLED AND WHAT HARM CAN (2) HAPPEN IF THEY ARE MISHANDLED. (3) THAT WAS ONE SOURCE OF INFORMATION. (4) ANOTHER WAS MY CONTACTS, PERSONAL (5) CONTACTS, WITH THE PLANT SAFETY MANAGERS, THE PLANT (11) A NOTHING REALLY STRANGE OR EXOTIC. (12) IT WAS THE - THE LESSON THAT WE ALWAYS (13) TAUGHT OUR EMPLOYEES WAS TO RESPECT ALL CHEMICALS. (14) PCB'S WAS AN INDUSTRIAL CHEMICAL IT WAS (15) TO BE HANDLED IN A MANNER THAT DIDN'T EXPOSE (6) INDUSTRIAL HYGIENISTS AND THE PLANT DOCTORS. (7) AND THEY WERE VALUABLE SOURCES OF WHAT (8) HAPPENED IN THE PAST AND WHAT COULD HAPPEN UNDER WHAT (9) CONDITIONS. (10) SO I GOT MY COACHING AND TRAINING FROM PEOPLE (16) NEEDLESSLY. (17) THERE WERE TIMES, HOWEVER, WHEN A LEAK (18) WOULD OCCUR, A SPILL, FUMES WOULD BE RELEASED. (19) THE EMPLOYEES WERE PROVIDED WITH A FACE (20) MASK, A RESPIRATOR. THEY WERE TAUGHT HOW TO (11) PEOPLE AS WELL AS BOOKS AND PAMPHLETS. (12) THE COURT; MR. PREUSS, WE WILL TAKE THE NOON (13) RECESS AT THIS POINT. (14) LADIES AND GENTLEMEN, WE WILL BE IN (15) RECESS UNTIL 1:30. (16) PLEASE DO RETURN JUST BEFORE THEN SO WE (17) CAN RESUME. USE IT (21) AND WHEN TO USE IT. (22) AND IT WAS THEIR JUDGMENT THAT WHEN THE (23) CONDITIONS WERE TO THEM INTOLERABLE, GO GET (18) (AT 12:00 NOON, A RECESS WAS TAKEN (19) UNTIL 1:30 P.M. OF THE SAME DAY.) (20) (21) YOUR (24) RESPIRATOR, PUT IT ON AND THEN CORRECT THE (22) (23) PROBLEM. (25) THERE WAS AN ADEQUATE SUPPLY OF GLOVES (24) (25) (26) PROVIDED. AND THE GLOVES WERE NOT THE KIND (26) JUST TO (27) THE WRIST. THEY WOULD GO PRETTY CLOSE TO THE ELBOW. (28) AND WHEN THEY GOT ANY MATERIAL ON THEM, Page 1973 (1) THEY WERE TO GO WASH THEIR HANDS, THEIR FACE (27) (28) ________________ ,______________________________ . Page 1975 (1) LOS ANGELES, CALIFORNIA; TUESDAY, DECEMBER 7, 1993 (2) 1:30 P.M. OR (2) WHEREVER, THEIR CLOTHES IF THEY DID GET ANY ON (3) DEPARTMENT NO. 31 G. KEITH WISOT, JUDGE (4) -0- THEIR (3) CLOTHING, DEPENDING ON HOW MUCH. (4) IF IT WAS A SPOT OR TWO, YOU WAIT UNTIL (5) YOU GET EVERYTHING SAFE, IF THAT WAS A PROBLEM, AND (6) THEN GO CHANGE. (7) OF COURSE, DON'T WEAR SOILED CLOTHES DAY (5) (APPEARANCES AS HERETOFORE NOTED.) (6) (DAVID A. SALYER, OFFICIAL REPORTER.) (7) (8) , (9) THE COURT: AND RESUMING. (10) GO AHEAD, MR. PREUSS. (11) MR. PREUSS: THANK YOU, YOUR HONOR. (8) IN AND DAY OUT. (9) THEY WERE PROVIDED WITH ORDINARY WORK (10) CLOTHES, A SHIRT-AND-TROUSERS COMBINATION. (11)1 THINK THAT PRETTY WELL DESCRIBES IT. (12) Q ANY HANDLING PROCEDURES THAT WERE UNIQUE (13) TO PCB'S AS OPPOSED TO OTHER PRODUCTS THAT WERE BEING (14) MANUFACTURED OR USED AROUND THE PLANTS THAT YOU (15) WORKED AT? (12) (13) WILLIAM B. PAPAGEORGE, (14) CALLED AS A WITNESS BY THE PLAINTIFF, TRANSWESTERN, (15) UNDER THE PROVISIONS OF EVIDENCE CODE SECTION 776, (16) HAVING BEEN PREVIOUSLY SWORN, TESTIFIED AS FOLLOWS: (17) (18) CROSS EXAMINATION (CONTINUED.) (19) BY MR. PREUSS: (16) anotunique.no. (17) Q ANY SPECIAL CLOTHING? (18) YOU HAVE MENTIONED GLOVES AND (19) OCCASIONALLY, DEPENDING UPON THE SITUATION, SOME (20) RESPIRATORS. (21) ANY SPECIAL CLOTHES? (22) A NO. (20) Q GOOD AFTERNOON, MR. PAPAGEORGE. (21) A GOOD AFTERNOON. (22) Q WHEN WE BROKE OFF WE WERE TALKING ABOUT (23) HANDLING PROCEDURES FOR PCB'S, AS YOU UNDERSTOOD THEM (24) TO BE AND AS YOU PRACTICED THEM WHILE YOU WERE (25) WORKING FOR MONSANTO. Transwestem v. Monsanto Page 1972 to Page 1975 WATER PCB-SD0000075851 BSA Trial Transcript [December 7,1993] XMAX(26) (26) AI REMEMBER THAT. ` (27) Q WHAT WERE THE PRINCIPAL HEALTH CONCERNS (28) THAT YOU HAD AS PLANT MANAGER AT ANNISTON OR IN Page 1976 (1) WHATEVER JOB YOU HAD AT MONSANTO CONCERNING THE (2) WORKERS AND THEIR INVOLVEMENT WITH PCB? (3) A WELL, MY REAL CONCERN WAS I DIDN'T WANT (4) THEM OVEREXPOSED TO THE POINT WHERE THEY HAD S,OME (5) HEALTH EFFECTS. (6) THE PRIMARY HEALTH EFFECTS HAD TO DO WITH (7) THOSE THAT RESULT FROM BREATHING FUMES OR THOSE THAT (8) RESULT FROM GETTING IT ON YOUR SKIN. (9) AND AS SORT OF AN EARLY-WARNING SIGNAL WE (10) WERE ALL TAUGHT TO LOOK FOR TWO THINGS. (11) IN A PERSON THAT WAS WORKING WITH PCB'S (12) AND WAS EXPOSED TO TOO MANY FUMES, THERE ARE TIMES (13) WHEN IT GOT TO THE POINT WHERE HE FELT LIKE HE HAD A (14) SEVERE CHEST COLD AND PROBLEMS WITH HIS BREATHING, (15) THAT WOULD TELL EVERYONE THAT HE DIDN'T USE A (16) RESPIRATOR WHEN HE SHOULD HAVE. (17) ANOTHER SYMPTOM, THE REDDENING OF THE (18) SKIN, LOOKED AN AWFUL LOT LIKE CHAPPED HANDS. IT WAS (19) SO BAD SOMETIMES YOU COULD GET LITTLE CRACKS (20) BLEEDING, THAT MEANS AN INDIVIDUAL DIDN'T WEAR HIS (21) GLOVES WHEN HE SHOULD HAVE. (22) AS LONG AS WE AVOIDED THOSE TWO SYMPTOMS, (23) WE WERE VERY CERTAIN THAT THE WORKER WAS NOT GETTING ,, (24) OVEREXPOSED. (25) Q IN ADDITION TO ADVISING WORKERS THAT WERE (26) UNDER YOUR CHARGE AT MONSANTO, DID MONSANTO ALSO (27) INFORM CUSTOMERS OF ITS PCB PRODUCTS CONCERNING THESE (28) SAFE-HANDLING TECHNIQUES? Page 1977 (1) AYES, HE DID. (2) Q HOW DID MONSANTO DO THAT, SIR? (3) A WELL, THERE ARE SEVERAL WAYS. (4) I WILL TRY TO RECALL A FEW OF THEM. (5) THERE IS, OF COURSE, THE PRODUCT (24) FIRST PARAGRAPH OF THIS BULLETIN ON OS-81, PLEASE. (25) A "OS-81 IS A WHOLLY SYNTHETIC (26) FIRE-RESISTANT FLUID DESIGNED SPECIFICALLY AS A (27) TURBINE AND COMPRESSOR LUBRICANT. LABORATORY TESTS (28) AND FIELD EXPERIENCE INDICATE IT TO BE A SATISFACTORY Page 1978 (1) REPLACEMENT FOR THE NORMALLY USED PETROLEUM OIL (2) LUBRICANTS IN THESE APPLICATIONS. OS-81 IS USED (3) PRIMARILY FOR ITS FIRE RESISTANCE WHICH GREATLY (4) REDUCES OR ELIMINATES THE HAZARD OF FIRE WHICH IS (5) EVER PRESENT WHEN PETROLEUM LUBRICANTS ARE USED." (6) Q AS YOU UNDERSTOOD THIS PRODUCT, IS THAT A (7) FAIRLY GOOD SUMMARY OF THE PURPOSE FOR THIS PRODUCT? (8) A IT IS. (9) Q AND IF YOU TURN TO THE LAST SECTION OF (10) THIS PARTICULAR BULLETIN, ENTITLED 'TOXICITY AND (11) SAFE-HANDLING INFORMATION," SIR. (12) AI FOUND IT. (13) Q AND DOES THIS SECTION THEN RELATE TO THE (14) SAFE-HANDLING PROCEDURES THAT WE WERE DISCUSSING IN (15) CONNECTION WITH MONSANTO IN THE WORKING ENVIRONMENT? (16) AYES. (17) Q I WOULD ASK YOU TO READ THE FIRST (18) PARAGRAPH FOR US, PLEASE. (19) A "ANIMAL TOXICITY STUDIES WITH OS-81 (20) INDICATE THAT THIS PRODUCT DOES NOT PRESENT SERIOUS (21) TOXICITY PROBLEMS IN INTENDED USE OR RECOMMENDED (22) APPLICATIONS. (23) 'THE LIQUID MAY CAUSE A SOLVENT OR (24) DEFATTING ACTION ON THE SKIN AND FOR THIS REASON IT (25) IS RECOMMENDED THAT PROLONGED OR REPEATED SKIN (26) CONTACT BE AVOIDED." (27) Q AND THEN THE LAST SENTENCE OF THIS (28) SECTION, PLEASE, IF WOULD YOU READ THAT FOR US. Page 1979 (6) LITERATURE WHICH CONTAINED A SECTION (1) A "IF, HOWEVER, THE MATERIAL IS USED AT CARRYING TITLES (7) LIKE 'TOXICITY" AND "SAFE HANDLING." (8) Q THAT WOULD BE THE BULLETIN, FOR EXAMPLE? (9) A THAT IS A GOOD EXAMPLE. (10) Q WHY DON'T WE TURN TO EXHIBIT 18, IF YOU (11) WOULD, PLEASE. (12) AI HAVE IT. (13) Q ALL RIGHT. NOW, THAT IS A BULLETIN FOR A (14) PARTICULAR PRODUCT KNOWN AS OS-81 WHICH IS WHY WE ARE (15) HERE TODAY, RIGHT? (2) ELEVATED TEMPERATURES, REPEATED OR CONTINUOUS (3) BREATHING OF FUMES MUST BE AVOIDED BY WORKMEN." (4) Q THANK YOU, SIR. (5) AND THEN IN ADDITION TO THE BULLETIN, HOW (6) ELSE DID MONSANTO INFORM ITS CUSTOMERS OF (7) SAFE-HANDLING PROCEDURES? (8) A THERE WAS, OF COURSE, THE PERSONAL (9) CONTACT MADE BY MONSANTO SALES REPRESENTATIVES. . (16) AYES. (17) Q AND THIS TYPE OF BULLETIN WAS PREPARED IN (18) CONNECTION WITH ALL OF MONSANTO'S PCB PRODUCTS? (19) AYES. (20) Q AND THIS IS THE INFORMATION THAT WAS (21) PROVIDED TO CUSTOMERS? (22) AYES. (23) Q AND THEN COULD YOU READ FOR US JUST THE (10) THERE WAS AVAILABLE TO CUSTOMERS THE (11) MEDICAL DEPARTMENT OF MONSANTO FOR CONSULTATION AND, (12) OF COURSE, THE PACKAGE THAT THE PRODUCT IS SHIPPED IN (13) HAD PRECAUTIONARY STATEMENTS REGARDING BREATHING, (14) SKIN CONTACT AND SO ON. (15) Q THAT WOULD BE THE LABEL ON THE PRODUCT? Page 1975 to Page 1979 Transwestern v. Monsanto WATER PCB-SD0000075852  BSA Trial Transcript [December 7,1993] XMAX(27) (16) A THE LABEL, YES, SIR. (17) Q ALL RIGHT. (16) I WOULD LIKE TO SHOW YOU EXHIBIT 721, (19) PLEASE. (20) IF YOU WANT TO, YOU CAN EITHER LOOK ON (21) THE SCREEN, IF YOU WOULD LIKE, IF YOU CAN READ IT, OR (22) WE CAN GO TO WHICHEVER IS EASIER FOR YOU THERE. (17) A OH, YES, IT'S VERY COMMON. (18) Q HOW WERE THEY HANDLED? (19) A IT VARIES A LITTLE BIT WITH - IN THE (20) MANNER IN WHICH THAT QUESTION WAS RAISED. (21) IF IT'S RAISED WITH THE SALESMAN, HE (22) WOULD ANSWER IT IF HE KNEW THE ANSWER. (23) IF IT WAS BEYOND HIS ABILITY, HE WOULD (24) OFFER TO HAVE SOMEONE BACK AT MONSANTO'S OFFICES MAKE ' (23) AI CAN READ IT. (24) Q OKAY. NOW, FIRST OF ALL, THE BULLETIN (25) THAT WE DISCUSSED WAS OS-81. (26) DO YOU RECALL THAT? (25) THE CONTACT. (26) FOR EXAMPLE, IF IT'S A COMPLICATED (27) MEDICAL QUESTION, YOU GO TO THE MEDICAL DIRECTOR AND (27) AYES. (28) Q AND HOW IS MCS-153 RELATED TO OS-81? Page 1980 (28) HAVE HIM RESPOND. Page 1982 (1) IF IT'S AN INDUSTRIAL HYGIENE KIND OF (1) A QUITE SIMILAR. (2) IT'S THE SAME TYPE OF INGREDIENTS, SAME (2) QUESTION, THEN YOU GO TO THE CORPORATE INDUSTRIAL (3) APPLICATION, SAME USE. (4) Q AND WHAT DOES THIS LABEL SAY WITH RESPECT (5) TO SAFE HANDLING, SIR? (3) HYGIENIST. (4) SO HE WOULD TRY TO FIND THE PERSON HE (5) FELT WAS MOST CAPABLE TO GIVE THE PROPER (6) A "CONTAINS CHLORINATED HYDROCARBONS, AVOID ANSWER. (7) PROLONGED BREATHING OF VAPORS OR MIST AVOID (8) CONTACT WITH EYES OR PROLONGED CONTACT WITH SKIN. (9) "IF SKIN CONTACT OCCURS, REMOVE BY (6) Q OKAY. I WOULD LIKE TO SHOW YOU EXHIBIT (7) 14. (8) YOU MIGHT WANT TO GET THAT. (9) I THINK THAT WOULD BE EASIER FOR YOU, (10) SIR. (10) WASHING WITH SOAP AND WATER. FOLLOWING EYE (11) MR. PAPAGEORGE, THIS IS A LETTER DATED CONTACT (11) FLUSH WITH WATER. (12) AUGUST 13,1958 TO DR. KELLY AND THAT IS THE SAME (12) "IF CLOTHING BECOMES SOAKED WITH FLUID, (13) LAUNDER BEFORE USING AGAIN." (14) Q FOR WEARING AGAIN OR USING AGAIN? (15) A BEFORE WEARING AGAIN, YES, SIR. (16) Q OKAY. AND IN THE FIRST PART OF THAT (13) DR. KELLY THAT IS - THAT YOU UNDERSTOOD TO BE THE (14) MEDICAL DIRECTOR OF MONSANTO WHILE YOU WORKED THERE, (15) SIR? (17) CAUTION SECTION IT SAYS, "CONTAINS (16) A IT IS. . CHLORINATED (18) HYDROCARBONS? (19) A"ISEETHAT. . (20) Q HOW DOES THAT RELATE TO PCB'S, IF YOU (17) Q FROM AN EE. EDMONDSON, A JUNIOR SAFETY (18) DIRECTOR? (19) AYES. (20) MR. PREUSS: AND I THINK COUNSEL WOULD AGREE (21) WILL? (22) A PCB'S ARE ONE GROUP OF CHEMICALS THAT (21) THIS IS A TEXAS EASTERN LETTER THAT WAS COPIED SO IT (23) FITS IN THIS CHLORINATED HYDROCARBON GROUPING. (24) Q AND DOES THIS CAUTIONARY INSTRUCTION FOR (25) INDIVIDUALS WHO MAY COME IN CONTACT WITH THIS PRODUCT (26) APPLY TO ALL CHLORINATED HYDROCARBONS? (27) IN OTHER WORDS, IS THIS ADVICE THAT WOULD (22) COULD BE MADE READABLE. (23) MR. TALLON: READABLE, YES. (24) Q BY MR. PREUSS: ALL RIGHT. SO I WANT YOU (25) TO ASSUME THAT ITS A TEXAS EASTERN LETTERHEAD UP (26) THERE? (27) AI UNDERSTAND. (28) BE GOOD FOR ANYBODY USING ANY CHLORINATED (28) Q ALL RIGHT. AND IS THIS THE TYPE OF HYDROCARBON _________ _ Page 1983 Page 1981 (1) TO USE? (2) AYES. (3) THOSE CAUTIONARY STATEMENTS APPLY TO (1) CORRESPONDENCE THAT YOU ARE FAMILIAR WITH THAT (2) MONSANTO WOULD RECEIVE FROM CUSTOMERS ABOUT A CERTAIN (4) CHLORINATED HYDROCARBONS, IN GENERAL. (5) Q OKAY. THEN LET ME SHOW YOU 722 AND YOU (6) WILL NOTE - IS THE CAUTIONARY INSTRUCTION THE SAME (3) PRODUCT? (4) A YES, THIS IS VERY TYPICAL. (5) Q AND THE FIRST PARAGRAPH THERE INDICATES (6) WHAT, SIR? (7) AS THE ONE FOR MCS-153? (8) A IT'S THE SAME WORDING, YES. (9) Q ALL RIGHT. AND DO YOU UNDERSTAND - WHAT (10) IS YOUR UNDERSTANDING OF TURBINOL-153 (7) A IT INDICATES THAT THE WRITER OF THIS (8) LETTER IS REFERRING TO A LETTER THAT DR. KELLY HAD (9) SENT ON AUGUST 12TH TO A MR. O. M. FLETCHER. RELATIVE TO (11) MCS-153? (10) HE INDICATES, ALSO, HIS INTEREST IN THE (11) FLUID OS-81 WHICH IS THE SUBJECT OF THIS LETTER (12) A IT'S THE SAME MATERIAL WITH A NEW NAME. (13) Q OKAY. NOW, DID MONSANTO FROM TIME TO FROM (12) A HEALTH AND SAFETY STANDPOINT. (14) TIME RECEIVE INQUIRIES FROM ITS CUSTOMERS CONCERNING (15) HEALTH ISSUES OR POTENTIAL HEALTH ISSUES (13) Q OKAY. AND IF YOU WOULD, SIR, PLEASE TURN (14) TO EXHIBIT 15, WHICH IS, FOR THE RECORD, A LETTER WITH ITS (16) PRODUCTS? (15) DATED AUGUST 18,1958 FROM MR. EDMONDSON TO Transwestern v. Monsanto Page 1979 to Page 1983 WATER PCB-SD0000075853 BSA Trial Transcript [December 7,1993] XMAX(28) (16) DR. KELLY. (17) IT HAS FAINTLY A MONSANTO CHEMICAL (18) COMPANY LETTERHEAD? (19) A IT DOES. (20) Q DOES THAT APPEAR TO BE THE RESPONSE TO (21) EXHIBIT 14, SIR? (13) AYES. (14) Q AND THE DATE OF IT? (15) A AUGUST THE 26TH, 1958. (16) Q AND WHAT IS DR. KELLY INDICATING TO (17) MR. FLETCHER, SIR? (18) A HE'S INDICATING TO MR. FLETCHER THAT (22) A IT DOES. (23) IT IS THE RESPONSE. (24) Q AND COULD YOU READ THE SECOND PARAGRAPH (25) OF THAT FOR US, DR. KELLY'S RESPONSE. (19) MONSANTO'S MR. DAVIS HAD REPORTED TO DR. KELLY THAT (20) SOME OF MR. FLETCHER'S MEN HAVE EXHIBITED BURNING AND (26) A "AS I UNDERSTAND YOUR USE OF THIS FLUID, (27) IT WILL BE AS AN INSIDE LUBRICANT FOR A GAS (28) COMPRESSOR AND THE ONLY EXPOSURE TO YOUR MEN WILL BE Page 1984 (1) FROM LEAKS, BREAKS IN THE LINE AND DURING THE REPAIR (2) OF COMPRESSORS. THESE LEAKS OR BREAKS SHOULD ALLOW (3) THE MEN - WOULD ALLOW THE MEN TO BE EXPOSED (21) SKIN IRRITATIONS USING OR DURING THE USE OF FLUID (22) OS-81 AND HE ASKED FOR FURTHER DETAILS. (23) Q AND THEN IN THE THIRD PARAGRAPH DOES (24) DR. KELLY PROVIDE SOME ADVICE? (25) A HE DOES. (26) Q AND INDICATES WHAT? (27) A WELL, HE GOES ON TO SAY, IF SKIN CONTACT (28) CANNOT BE AVOIDED, THEN I WOULD RECOMMEND THE PRIOR^ TO THIS (4) MATERIAL AT 120 TO 180 DEGREES, PRESUMABLY, F. (5) "I'M QUITE CERTAIN THAT FROM THE (6) OCCASIONAL LEAKS THAT WOULD BE EXPECTED FROM A (7) LUBRICANT AT THIS TEMPERATURE NO HAZARD WILL BE (8) INVOLVED. SHOULD A MAJOR ERUPTION OCCUR AND A LARGE (9) AMOUNT OF THE FLUID BE LIBERATED AT THIS TEMPERATURE, (10) I'M SURE THERE WOULD BE EYE AND NOSE Page 1986 (1) APPLICATION OF A SILICON-BASED OINTMENT SUCH AS (2) COVICONE OR THE USE OF RUBBER GLOVES. (3) Q THANK YOU, SIR. (4) NEXT I WOULD LIKE TO SHOW YOU EXHIBIT (5) 507, IF YOU WOULD TURN TO THAT. (6) THAT IS IN THE BLACK BINDERS. (7) A I HAVE IT. . (8) Q AND IS THIS A LETTER THAT APPEARS TO BE (9) ON TEXAS EASTERN LETTERHEAD? (10) A IT LOOKS LIKE A LETTER. IRRITATION. (11) "IF THE MATERIAL WOULD BE INHALED FOR A (11) IT INDICATES IT'S AN INTEROFFICE (12) CORRESPONDENCE. (12) CONSIDERABLE PERIOD OF TIME, AS FOR EXAMPLE ONE TO (13) TWO HOURS, SOME SYSTEMIC COMPLICATIONS MIGHT RESULT. (14) 'THERE CERTAINLY WOULD BE A.HAZARD IN THE (15) EXPOSURE ATTENDANT UPON SHUTTING OFF THE (13) Q FROM WITHIN THE TEXAS EASTERN (14) ORGANIZATION? (15) A THAT IS MY UNDERSTANDING. (16) Q AND THE DATE? (17) AMAY15TH, 1962. (18) Q AND ADDRESSED TO? LEAK IN THE (16) LINE WITHOUT ANY PROTECTION. BUT FOR (19) A IT'S ADDRESSED TO ALL SAFETY ENGINEERS. (20) Q AND THE SUBJECT? PROLONGED (17) CLEAN-UP OPERATIONS A MASK WITH AN ORGANIC VAPOR (21) A FIRE-RESISTANT TURBINE LUBRICANT, OS-81. (22) Q AND WOULD YOU READ THE FIRST SENTENCE OF (23) THAT, PLEASE. (18) CARTRIDGE SHOULD BE WORN." (19) Q THEN HE GOES ON TO COMPARE IN THE SECOND (20) PARAGRAPH THE PRODUCT TO A PAINT REMOVER? (21) DO YOU SEE THAT? (22) A HE DOES. (23) Q AND THEN WOULD YOU READ THE NEXT (24) SENTENCE, PLEASE. (25) A "I AM SURE THERE WILL BE NO SYSTEMIC (26) COMPLICATIONS FROM SUCH OCCASIONAL SKIN CONTACT AND (27) ACCORDING TO OUR PLANT DATA AS WELL AS OUR ANIMAL (28) EXPERIMENTS, THE MATERIAL WOULD BE CLASSIFIED ASA Page 1985 (1) VERY MILD SKIN IRRITANT." (2) Q AND A COPY OF THAT LETTER WAS SENT TO (3) WHOM? (24) A "WE ARE LISTING BELOW BY SOURCE OF (25) INFORMATION THE TOXICITY AND IRRITANT PROPERTIES OF (26) THE OS-81 TURBINOL." (27) Q AND THE FIRST ITEM LISTED THERE IS? (28) A THE MONSANTO TECHNICAL BULLETIN DATED Page 1987 (1) NOVEMBER 11,1958. (2) Q AND THAT IS THE EXHIBIT 18 THAT WE JUST (3) LOOKED AT? (4) AYES. (5) Q AND THEN THE NEXT ITEM LISTED IS WHAT? (6) A IS A LETTER AUGUST 12, 1958 FROM (7) DR. KELLY, MONSANTO COMPANY. (8) Q AND WAS THAT THE ONE REFERENCED IN (9) MR. EDMONDSON'S LETTER TO DR. KELLY IN TRANSWESTERN (10) 14? (4) A TO MR. FLETCHER. (5) Q ALL RIGHT. WOULD YOU TURN TO (6) TRANSWESTERN NUMBER 16, PLEASE. (7) A I HAVE IT. (8) Q AGAIN, MR. PAPAGEORGE, THIS IS A TYPED OR (9) RETYPED VERSION OF A LETTER TO MAKE IT MORE (10) READABLE. (11) IS THIS ALSO A LETTER FROM DR. KELLY TO (12) MR. FLETCHER? (11) A IT WAS. IT IS. (12) Q AND THEN THE THIRD ITEM IS WHAT? (13) A A LETTER, AUGUST 26,1958 FROM DR. KELLY, (14) MONSANTO CHEMICAL COMPANY. (15) Q AND THE LAST EXHIBIT WE JUST LOOKED AT, (16) TRANSWESTERN 16? (17) AYES. (18) Q AND IF YOU TURN TO THE LAST PAGE OF THAT (19) LETTER, PLEASE. Page 1983 to Page 1987 Transwestern v. Monsanto WATER PCB-SD0000075854 BSA Trial Transcript [December 7,1993] XMAX(29) (20) AI HAVE IT. (21) Q IT INDICATES THE LETTER WAS WRITTEN BY (22) WHOM, SIR? (13) DEPARTMENT WAS A VERY GOOD SOURCE OF INFORMATION. (14) AND DR. BILL RICHARD FROM THE RESEARCH (23) A MR. H. M. WILLIAMS, SAFETY ENGINEER. (24) Q AND WHAT DID MR. WILLIAMS TELL HIS SAFETY (25) ENGINEERS THERE ON THE LAST PAGE? (26) WOULD YOU JUST READ THAT FOR US, PLEASE. (27) A "WHILE THE ABOVE INFORMATION CONSISTS (15) DEPARTMENT. (16) Q OKAY. ARE THOSE INDIVIDUALS STILL (17) LIVING? (18) A NO, THEY ARE NOT. (19) Q OKAY. AND AS PART OF THIS (28) PRIMARILY OF QUOTES FROM LETTERS, WE HAVE ALSO (20) FAMILIARIZATION PROCESS THAT YOU BEGAN WHEN YOU Page 1988 (1) OBTAINED THE FOLLOWING RECOMMENDATIONS IN (21) STARTED YOUR JOB IN JANUARY OF 1970 AS MANAGER OF REGARD TO . (2) PERSONNEL PROTECTION WHILE HANDLING THIS (22) ENVIRONMENTAL CONTROL, DID YOU INVESTIGATE AS TO PRODUCT. (3) "IT IS ADVISABLE THAT GOGGLES, GASFOE (23) WHETHER THERE WAS ANY HISTORY OF PCB-RELATED HEALTH (4) RESPIRATORS, MSA CATALOGUE CM 73194 OR (24) PROBLEMS AMONG MONSANTO WORKERS? ALL-SERVICE (25) A I DID. (5) GAS MASKS BE PROVIDED FOR EYE AND PULMONARY (26) Q AND WHY DID YOU DO? TRACT (27) A WELL, I WAS CERTAINLY INTERESTED IN WHAT (6) PROTECTION. MSA FEND "S" CREAM SHOULD BE (28) MIGHT HAVE HAPPENED AT TIMES AND PLACES THAT APPLIED TO I HAD (7) HANDS AND WRISTS WHEN PROLONGED CONTACT Page 1990 ON THE SKIN (1) NOT BEEN PERSONALLY INVOLVED WITH. (8) IS ANTICIPATED. THIS WILL PREVENT DEFATTING AND (2) I WANTED TO ASSURE MYSELF THAT WE WERE (9) IRRITATION OF THE SKIN. LIGHTWEIGHT NEOPRENE (3) HANDLING THE MATERIAL PROPERLY. GLOVES (4) Q AND WHAT WAS THE RESULT OF YOUR (10) WOULD ALSO SERVE THE SAME PURPOSE. THE (5) INVESTIGATION ON THAT ASPECT? GASFOE MASK (6) AI FOUND THAT AFTER DECADES OF USE OR (11) SHOULD BE USED FOR EXPOSURES OF SHORT (7) MANUFACTURE AND SHIPPING, MONSANTO'S DURATION ONLY. EXPERIENCE WAS (12) FOR PROLONGED EXPOSURE WE RECOMMEND THE (8) EXCELLENT. ALL-SERVICE (9) Q DID YOU HAVE ANY DISCUSSIONS WITH (13) GAS MASK WHICH IS PROVIDED AT EACH (10) DR. KELLY ON THAT SUBJECT? COMPRESSOR (11) A OH, YES. (14) STATION. (12) HE WAS MY PRINCIPAL SOURCE OF INFORMATION (15) "SHOULD THIS OIL OR ITS VAPORS ENTER THE (13) REGARDING THIS. , (16) EYE, THE EYE SHOULD BE PROMPTLY WASHED WITH (14) Q AND IN YOUR REVIEW OF THE HISTORY ON THE MILK OR (17) WATER. SHOULD THIS FAIL TO RELIEVE THE (15) MEDICAL ISSUES, SIR, DID YOU FIND THAT THERE WERE IRRITATION, (18) OR SHOULD THE PAIN BECOME MORE SEVERE, (16) CUSTOMERS THAT INQUIRED AND REPORTED INCIDENTS FROM MEDICAL (17) TIME TO TIME? (19) ATTENTION SHOULD BE OBTAINED." (20) Q THANK YOU, SIR. (18) A THERE WERE. THROUGH THE DECADES OF USE, (19) THERE WERE. (21) NOW WHILE YOU WERE PLANT MANAGER AT (20) Q AND IN YOUR DISCUSSIONS AND REVIEW OF THE (22) ANNISTON, SIR, DID ANY OF YOUR WORKER (21) DOCUMENTS, DID YOU FIND ANY SITUATIONS IN SUFFER ANY (23) PCB-RELATED HEALTH PROBLEMS? (24) AI SAW ONLY ONE INCIDENT OF A SKIN-CONTACT WHICH THERE (22) WERE LONG-TERM PERMANENT HEALTH EFFECTS FROM ANY (25) REDDENING IN ABOUT THE FIVE YEARS I WAS THERE. (26) Q DID THAT PARTICULAR INDIVIDUAL THAT HAD (23) WORKERS OF CUSTOMERS RELATING TO THEIR USE OF PCB? (27) THE REDDENING OF THE SKIN LOSE ANY TIME (24) A NO, NO LONG-TERM PERMANENT, NO. FROM WORK, (25) Q I WOULD LIKE TO TURN YOUR ATTENTION A (28) SIR? (26) LITTLE BIT TO THE COMPANY, MONSANTO Page 1989 COMPANY. (1) A NO, NO. (2) Q AS THE MANAGER OF ENVIRONMENTAL CONTROL (3) BEGINNING IN 1970, SIR, DID YOU FAMILIARIZE (27) COULD YOU, SINCE YOU HAVE HAD 35 YEARS (28) WITH THE COMPANY, GIVE US A BRIEF THUMBNAIL SKETCH OF YOURSELF (4) WITH THE HISTORY OF PCB MANUFACTURE AND SALE? (5) A YES, AS BEST I COULD, UH-HUH. (6) Q AND DID YOU SEEK INFORMATION FROM YOUR (7) FELLOW EMPLOYEES TO GAIN SOME OF THE HISTORY ON (8) PCB'S? (9) AOH, I CERTAINLY DID.* (10) Q AND WHO WERE SOME OF THE PRINCIPAL (11) INDIVIDUALS THAT YOU SPOKE TO TO GATHER THAT HISTORY? (12) A MR. WHEELER FROM MONSANTO'S MEDICAL Transwestern v. Monsanto Page 1987 to Page 1990 WATER PCB-SD0000075855 BSA Trial Transcript [December 7,1993] XMAX(30) Page 1991 (1) THE COMPANY? Page 1993 (1) DIPHENYL, MATERIAL THAT THEY PLANNED TO USE IN (2) A WELL, ITS A CHANGING COMPANY. (2) ELECTRIC EQUIPMENT. (3) IT'S A MULTI-PRODUCT MANUFACTURING (3) AND THAT WAS THE BEGINNING OF THE (4) COMPANY. (5) IT STARTED OUT MAKING PRIMARILY (4) INDUSTRIAL MANUFACTURE AND USE OF PCB'S. (5) Q WHAT ARE PCB'S, SIR? (6) CHEMICALS. (6) A THEY ARE A MIXTURE OF CHEMICALS MADE BY (7) THE BEGINNING PRODUCTS, INTERESTINGLY (8) ENOUGH, INCLUDE SUCH POPULAR THINGS AS (7) BUBBLING CHLORINE THROUGH A BATH OF BIPHENYL IN THE ASPIRIN AND (9) SACCHARIN AND CAFFEINE. (8) PRESENCE OF IRON AND AS A RESULT OF THIS CHLORINE AND (10) THEY WENT, THEN, INTO THE MORE INDUSTRIAL (11) TYPE CHEMICALS LIKE BATTERY ACID AND PLASTICS (9) BIPHENYL COMBINATION YOU END UP WITH A MIXTURE OF AND (10) INDIVIDUAL CHEMICALS THAT ARE CALLED PCB'S. (12) FINALLY GOT INTO THE FIBERS BUSINESS WITH ACRILON AND (13) MADE NYLON. THEY STILL DO. (11) Q AND IS THE CHLORINE USED IN THE (12) MANUFACTURE OF PCB'S THE SAME CHLORINE YOU WOULD USE (14) THEY MADE SPECIALITY PRODUCTS. ONE THAT (15) COMES TO MIND IS THIS MATERIAL THAT IS PUT IN AUTO (16) WINDSHIELD GLASS CALLED SAFEPLEX TO KEEP THE (13) TO - IN A PUBLIC SWIMMING POOL OR SWIMMING POOL OF (14) ANY KIND? (15) A EXACTLY, THE SAME MATERIAL. GLASS (17) FROM BREAKING INTO SHARP PIECES THAT DO A LOT (16) Q AND THE SAME MATERIAL USED IN CERTAIN (17) HOUSEHOLD DETERGENTS? OF (18) A WELL, IT'S THE SAME INGREDIENT THAT YOU (18) HARM. (19) TI-IEY ARE ALSO NOW OWNERS OF THE SEARLE (19) WOULD FIND IN HOUSEHOLD BLEACH, FOR EXAMPLE. (20) Q WHAT DO PCB'S LOOK LIKE? (20) DRUG COMPANY. (21) A THEIR APPEARANCE VARIES WITH THE AMOUNT (21) THEY ALSO HAVE THE COMPANY THAT MAKES THE (22) NUTRASWEET SWEETENER AND THE EQUAL (22) OF CHLORINE OR THE TIME THAT THE BIPHENYL IS EXPOSED SWEETENER IN THE (23) TO CHLORINE. (23) BLUE ENVELOPES. (24) AT VERY LOW CHLORINE LEVELS IT'S VERY (24) THEY ALSO MAKE CHEMICALS FOR THE (25) AGRICULTURAL BUSINESS. (26) Q HOW MANY PLANTS DOES MONSANTO OPERATE (27) TODAY, SIR, APPROXIMATELY? (25) THIN LIQUID, VERY MUCH LIKE WATER. AND IT'S CLEAR, (26) NO COLOR, COLORLESS, JUST LIKE WATER, GOOD WATER. (28) A ABOUT - THE LAST NUMBER I WAS AWARE OF Page 1992 (27) AS YOU INCREASE THE AMOUNT OF CHLORINE, (28) IT BECOMES THICKER AND THICKER. (1) WAS 34 PLANTS IN EIGHT COUNTRIES WORLDWIDE. (2) Q AND HOW MANY WORKERS DOES MONSANTO HAVE? (3) A A LITTLE OVER 32,000 PEOPLE WORK FOR Page 1994 (1) SO THAT BY THE TIME YOU REACHED THE 1260 (2) TYPE, IT'S LIKE THICK PANCAKE SYRUP. IT HARDLY (3) POURS. (4) MONSANTO. (5) Q LETS LOOK AT THE HISTORY OF MONSANTO AND (6) PCB'S, MR. PAPAGEORGE. (7) WHEN DID MONSANTO FIRST START (4) IF YOU GO BEYOND THE 60 POINT, YOU END UP (5) WITH SOLID MATERIAL AT ROOM TEMPERATURES. (6) IT LOOKS LIKE, WHEN YOU GRIND IT, LIKE (7) TABLE SALT. (8) MANUFACTURING PCB'S? (9) A MONSANTO STARTED MANUFACTURING IN 1935. (10) Q ALL RIGHT. AND HOW DID MONSANTO GET INTO (11) THE PCB BUSINESS? (12) A AT THAT TIME MONSANTO BOUGHT A SMALL (8) Q WHAT DO THEY SMELL LIKE, IF THEY SMELL AT (9) ALL? (10) AI HAVE A DIFFICULT TIME ANSWERING THAT (11) BECAUSE PEOPLE SMELL THINGS DIFFERENTLY. (12) TO ME IT REMINDS ME OF A DISINFECTANT, A (13) CHEMICAL COMPANY CALLED THE SWANN CHEMICAL (13) MILD DISINFECTANT TYPE OF ODOR. COMPANY, (14) WHICH HAD THREE PLANTS. (14) IT'S NOT TOO OBNOXIOUS. YOU KNOW IT'S (15) THERE. (15) ONE OF THOSE PLANTS WAS THE PLANT IN (16) ANNISTON, ALABAMA WHERE PCB'S WERE BEING (16) Q DID MONSANTO HAVE A TRADE NAME FOR ITS (17) PCB'S? (17) MANUFACTURED. (18) A YES, THEY DID. (18) Q AND THAT IS THE SAME PLANT THAT YOU WERE (19) THE MANAGER BETWEEN '65 AND '69? (19) Q AND THAT WAS WHAT? (20) A AROCLOR, A-R-O-C-L-O-R. (20) A IT IS. (21) Q OKAY. AND HOW DID SWANN GET INTO THE (22) BUSINESS? (23) A WELL, I UNDERSTAND THAT MR. SWANN HAD AN (21) Q AS YOU KNOW, THIS CASE INVOLVES THE USE (22) OF AROCLOR 1242 AS AN INGREDIENT IN THE TURBINOL, (23) RIGHT? (24) INTEREST IN CHLORINATING SOME CHEMICALS. (24) A YES, THAT IS CORRECT. (25) AND HE APPROACHED THE GENERAL ELECTRIC (25) Q AND WHAT DOES THE 1242 MEAN? (26) PEOPLE AS TO WHETHER THEY HAD A NEED FOR SUCH (27) CHEMICALS AND THEY, GENERAL ELECTRIC (26) A THE 12 SAYS THAT THIS MATERIAL IS A (27) CHLORINATED BIPHENYL, A PCB. (28) THE 42 INDICATES THAT OF THIS TOTAL COMPANY, SHOWED (28) AN INTEREST IN A CHLORINATED, AT THAT TIME CALLED Page 1991 to Page 1994 Transwestern v. Monsanto WATER PCB-SD0000075856 ,BSA Trial Transcript [December 7,1993] XMAX(31) Page 1995 (1) MATERIAL, 42 PERCENT OF THAT, WHEN YOU WEIGH IT, IS ` Page 1997 (1) BIPHENYLS BY CHLORINE NUMBER IN THE LEFT COLUMN AND (2) CHLORINE. (3) THE REST IS CARBON AND HYDROGEN. (4) Q SO IF YOU WERE TO SEPARATE, IF IT WERE (5) POSSIBLE TO SEPARATE THE CHLORINE AWAY AND PUT THAT (6) IN A SEPARATE CAN, THAT WOULD REPRESENT 42 PERCENT OF (7) THE WEIGHT OF THE TOTAL THAT YOU STARTED WITH? (8) A EXACTLY. (9) Q NOW, 1242 CONSISTS OF A VARIETY OF PCB'S, (2) ACROSS THE PAGE IT LISTS THE TYPES OF AROCLORS THAT (3) ARE BEING SHOWN HERE, AND UNDER EACH TITLE THE (4) PERCENT OF THE PCB IN THE LEFT-HAND COLUMN THAT IS - (5) PRESENT IN THAT PARTICULAR MIXTURE. (6) Q ALL RIGHT. THE LEFT COLUMN IS ENTITLED (7) HOMOLOG? (8) A IT IS. (9) Q AND IS THAT THE SAME AS AN ISOMER OR NOT? (10) CORRECT? (11) A THAT IS CORRECT. (12) Q ALL RIGHT. I WOULD LIKE TO SHOW YOU (13) TRANSWESTERN 352, PLEASE. (14) NOW, YOU SEE THE COLUMN THERE THAT SAYS, (15) "PERCENTAGE OF PCB'S WITH FOUR OR MORE CHLORINES PER (16) MOLECULE"? (17) AI DO. (18) Q WHAT PERCENTAGE OF AROCLOR 1242 IS (19) REPRESENTED BY FOUR OR FEWER CHLORINES PER MOLECULE? (20) A 90 PERCENT OR MORE. (21) Q AND PERCENTAGE OF PCB'S WITH FIVE OR MORE (22) WOULD STILL BE THE 10 PERCENT, CORRECT? (23) A 10 PERCENT OR LESS; UH-HUH. (24) Q DID MONSANTO AND OTHER SCIENTISTS REGARD (25) 1242 AS A, QUOTE, "LOWER CHLORINATED PCB"? (26) AYES. (27) Q AND WHERE WAS THE LINE OF DEMARCATION IN (28) THE SCIENTIFIC WORLD BETWEEN LOWER CHLORINATED AND Page 1996 (1) HIGHER CHLORINATED? (2) MR. TALLON: OBJECTION, FOUNDATION. (3) THE COURT: SUSTAINED. (4) Q BY MR. PREUSS: WHERE DID MONSANTO DRAW (5) THE LINE BETWEEN A LOWER-CHLORINATED AND (6) HIGHER-CHLORINATED PCB? (7) A FIVE CHLORINES AND MORE WERE CONSIDERED (8) THE HIGHER CHLORINATED. (9) ANYTHING LESS THAN FIVE WAS CONSIDERED (10) THE LOWER CHLORINATED. (11) Q COULD YOU TAKE A LOOK AT TRANSWESTERN (12) 241, PLEASE. (13) AI HAVE IT. (14) Q FOR THE RECORD 241 IS A PRESENTATION TO (15) THE INTERDEPARTMENTAL TASK FORCE ON PCB'S? (16) THE COURT: MR. PREUSS, JUST HAVE HIM DESCRIBE (17) WHATEVER HE RECOGNIZES IT TO BE AS YOU GO INTO (18) QUESTIONING. (19) MR. PREUSS: CERTAINLY. (20) Q WOULD YOU TURN, PLEASE, MR. PAPAGEORGE, (21) TO THE FIRST EXHIBIT, IF YOU WILL, OR THE FIRST (22) DIAGRAM AFTER PAGE 9, WHICH HAS MR. DR. (10) A THEY ARE USED INTERCHANGEABLY. (11) Q WHEN WE TALK ABOUT A FIVE CHLORINE, WE (12) WOULD GO DOWN TO THE LEFT-HAND COLUMN TO FIVE? (13) A WE WOULD. (14) Q AND THREE, GO DOWN TO THREE? (15) A CORRECT. (16) Q AND IF I WANTED TO FIND OUT PERCENTAGES, (17) THEN, OF THESE IN ONE OF THESE FOUR PRODUCTS LISTED, (18) THEN I WOULD JUST MOVE TO THE RIGHT, TO THE (19) RESPECTIVE COLUMN; IS THAT RIGHT? (20) A THAT IS CORRECT. (21) Q LETS TAKE AROCLOR 1242. (22) DO YOU SEE THAT COLUMN THERE? (23) AYES. (24) Q AND IF I WERE TO DRAW A LINE BETWEEN THE (25) FOUR AND FIVE, WHAT PERCENTAGE, ACCORDING TO THIS (26) DOCUMENT, WOULD BE REPRESENTED BY FOUR OR FEWER (27) CHLORINES OR HOMOLOGS? (28) A '91 PERCENT. Page 1998 (1) Q AND THEN ON THE OTHER SIDE OF THE LINE (2) WOULD BE WHAT, SIR? (3) A NINE PERCENT. (4) Q NOW, ARE THERE ANY EIGHTS IN 1242, SIR? (5) A THERE ARE NONE. (6) Q THANK YOU. (7) WITH RESPECT TO PCB PRODUCTS, SIR, WHAT (8) WAS THE COMMERCIAL APPEAL, IF YOU WILL, OF THIS (9) PRODUCT TO INDUSTRY OR CUSTOMERS? (10) A THE OUTSTANDING PROPERTY THAT APPEALED (11) WAS THE ABILITY TO RESIST BURNING, THE FIRE-RESISTANT (12) FEATURE. (13) Q "BURNING," LIKE FLAME AND FIRE? (14) ARIGHT. (15) THAT ALSO REFLECTS THE FACT THAT THESE (16) MATERIALS ARE WHAT ARE CONSIDERED TO BE VERY STABLE. (17) THEY DON'T REACT WITH MANY THINGS. (18) IT TAKES A LOT TO MAKE OTHER CHEMICALS (19) WITH THEM, FOR EXAMPLE. TUCKER'S (23) NAME THERE. (24) AI HAVE IT. (25) Q YOU FOUND THAT. (26) ALL RIGHT. CAN YOU IDENTIFY THIS FOR US, (27) PLEASE. (28) A THIS IS A TABLE WHICH USTS THE TYPES OF (20) SO THEY ARE VERY STABLE. (21) AS A RESULT THEY BRING THESE PROPERTIES (22) TO THE PRODUCTS THEY ARE IN. (23) Q BOTH STABILITY AND HEAT AND FIRE (24) RESISTANCE? (25) A CORRECT. (26) Q WHAT WERE THE INITIAL APPLICATIONS OF (27) PC$'S? (28) A THEY WERE USED AS LIQUIDS IN ELECTRICAL Transwestern v. Monsanto Page 1995 to Page 1998 WATER PCB-SD0000075857 BSA Trial Transcript [December 7,1993] XMAX(32) Page 1999 (1) APPARATUSES TO COOL THE ELECTRICAL EQUIPMENT AND TO (2) PREVENT ARCING ACROSS THE PARTS INSIDE THE (3) CONTAINER. (4) Q OVER TIME WERE APPLICATIONS FOUND APART (5) FROM THE ELECTRICAL INDUSTRY, SIR? (6) A YES, THEY WERE, OH YES. (7) Q AND WHAT WERE SOME OF THE APPLICATIONS (8) THAT WERE FOUND BEYOND THE ELECTRICAL INDUSTRY? (9) A WELL, BUILDING ON THE FIRE RETARDANCY OF (10) THESE MATERIALS THEY, OF COURSE, WERE VERY ATTRACTIVE (11) IN, LET'S SAY HEAT TRANSFER SYSTEMS WHERE YOU HAVE A (12) GAS OR OIL FLAME AT ONE CORNER OF THE PLANT AWAY FROM (13) EXPLOSIVE ENVIRONMENTS AND YOU TRANSFER THE HEAT IN (14) PIPELINES USING A LIQUID TO DO THE COOKING, IF YOU (15) WILL, OF THE VARNISH OR WHAT HAVE YOU AND YOU AVOID (16) THE POTENTIAL FOR HAVING AN EXPLOSION OVER HERE WHERE (17) YOU ARE COOKING THE VARNISH AND THE GAS FLAME THAT IS (18) HEATING THE PCB FLUID. (19) THAT WAS A VERY IMPORTANT ADVANCE IN HEAT (20) TRANSFER. (21) AND IT ALSO PROVIDED FOR THE SITUATION (22) WHERE THE USER OF THAT SYSTEM COULD GO TO HIGH (23) TEMPERATURES WITHOUT HAVING THE - TO PUT UP WITH THE (24) RISKS THAT ARE THERE WHEN YOU HAVE HIGH PRESSURE (25) STEAM, AND YOU NEED A LICENSED OPERATOR AROUND THE . (26) CLOCKANDSOON. (27) SO THAT WAS ONE BIG ADVANTAGE. (28) ANOTHER ONE WAS THE USE OF - IN FLUIDS Page 2000 (1) THAT ARE USED IN, SAY, DIE CASTING MACHINES WHERE IN (2) HIGH PRESSURE THE MOLDS ARE PUSHED THROUGH SYSTEMS (3) AND THE CASTING MOLDING IS SEPARATED AND ALL. (4) AND YOU HAVE A SITUATION WHERE YOU HAVE (5) RED HOT METAL AND A FLUID. (6) AND IT'S OBVIOUS THERE THAT YOU DON'T (7) WANT A FIRE BECAUSE OF THE HOT METAL TOUCHING THAT (8) FLUID. (9) THEN IT WAS FOUND USEFUL IN SUCH THINGS (10) AS ADHESIVES AND PAINTS BECAUSE OF ITS DURABILITY WE (11) TALKED ABOUT. (12) YOU COULD PUT THAT ON A ROAD TRAFFIC LINE (13) AND IT LASTED AN AWFUL LOT LONGER THAN THOSE WE SEE (14) TODAY THAT VANISH ALMOST THE MOMENT THEY ARE APPLIED. (15) I CAN'T THINK OF ALL THE EXAMPLES, BUT (16) THE WHOLE INTENT WAS TO USE THESE TWO PROPERTIES, . (17) FIRE RESISTANCE AND STABILITY, TO IMPROVE A PRODUCT. (18) Q WHAT PRODUCTS DID MONSANTO HAVE TOWARDS (19) THE LATE 60'S? (20) A YOU MEAN BY TRADEMARKS AND SO ON? (21) Q NO, THE PRODUCT LINES. YOU MENTIONED (22) HEAT-TRANSFER FLUIDS AS AN APPLICATION. (23) DID IT HAVE HEAT-TRANSFER FLUIDS, AS AN (24) EXAMPLE? (25) A NO. THE FLUIDS FOR HEAT TRANSFER USE (26) WERE CALLED THERMINOLS AND WE HAD USED SEVERAL OF THE (27) AROCLORS IN THEM. (28) THEY HAD PYDRAULS WHICH REFERRED TO THE Page 2001 (1) KIND OF FLUID USED IN THESE CASTING MACHINES. (2) THEY HAD, WELL, TURBINOL-153 IS AN (3) EXAMPLE OF A LUBRICANT. (4) THEY HAD SANTOVAC WHICH WAS THE NAME FOR (5) THE FLUID USED IN VACUUM MACHINERY. (6) Q WHAT DO YOU MEAN BY 'VACUUM MACHINERY'? (7) A THESE ARE REALLY - IT HELPS ME TO THINK (8) OF IT AS KIND OF A REVERSE PUMP. (9) WHERE INSTEAD OF PUSHING SOMETHING INTO A (10) CONTAINER YOU ARE SUCKING OUT FROM IT TO CREATE A (11) VACUUM. (12) Q ANY OTHER PRODUCTS YOU CAN THINK OF AT (13) THIS TIME? (14) A WELL, THERE WERE THE DIELECTRIC FLUIDS (15) THAT WERE USED RATHER EXTENSIVELY. (16) THAT WAS THE BIGGEST USE, FOR USE IN (17) TRANSFORMERS AND CAPACITORS. (18) Q OKAY. WHO WERE THE PRINCIPAL CUSTOMERS (19) OF MONSANTO PRODUCTS? (20) A OF THE PCB PRODUCTS? (21) Q YES, SIR. (22) A THE ELECTRICAL PEOPLE, WESTINGHOUSE AND (23) GENERAL ELECTRIC COME TO MIND. (24) Q ALL RIGHT. AND WAS THE GOVERNMENT A (25) CUSTOMER? (26) A OH, YES, OH, YES. (27) Q WAS MONSANTO THE ONLY U.S. PRODUCER OF (28) PCB'S? Page 2002 (1) A FOR ALL PRACTICAL PURPOSES, YES, UH-HUH. (2) Q WHY DIDN'T MONSANTO HAVE ANY DOMESTIC (3) COMPETITION? (4) A WELL, IT WAS A CASE OF BEING THERE FIRST (5) AND HAVING THE KNOW-HOW AND THE EQUIPMENT AND EXTRA (6) CAPACITY WHEN NEEDED. (7) AND BEING IN THAT POSITION, THEY WERE (8) ABLE TO PRICE IT AT SUCH A LEVEL THAT THE COMPETITION (9) DIDN'T FIND IT ATTRACTIVE TO GET INTO IT. (10) THAT IS MY UNDERSTANDING. (11) PLUS THE FACT THAT THEY REALLY HAD THIS (12) EXPERTISE FROM DECADES OF MANUFACTURE THAT THE (13) PRINCIPAL CUSTOMERS LIKE AND THE ELECTRICAL PEOPLE (14) RELIED UPON. (15) Q WERE THERE FOREIGN PRODUCERS OF PCB'S? (16) A YES, THERE WERE. (17) Q AND WHAT COUNTRIES OR AREAS COME TO MIND? (18) A THERE WERE PRODUCERS IN GERMANY, FRANCE, (19) ITALY, SPAIN, JAPAN, AND I UNDERSTAND THERE WERE (20) PRODUCERS IN POLAND, CZECHOSLOVAKIA AND RUSSIA. (21) Q WHAT - TAKING EUROPE, THE COUNTRIES YOU (22) MENTIONED IN EUROPE, SIR, WHAT PERCENTAGE OF THE (23) EUROPEAN MARKET DID MONSANTO HAVE? Page 1999 to Page 2002 -Transwestern v. Monsanto WATER PCB-SD0000075858  b&a________________________ Trial Transcript [December 7,1993]xmaxps) (24) A IT'S HARD TO ESTIMATE BECAUSE WE DON'T (25) KNOW THE EASTERN COUNTRIES, POLAND, CZECHOSLOVAKIA (26) AND RUSSIA'S CONTRIBUTION. (27) BUT OF THE KNOWN PRODUCTION, GERMANY, (28) FRANCE, ITALY, IT WAS LESS THAN 20 PERCENT. Page 2003 (1) Q WITH RESPECT TO MONSANTO'S DOMESTIC (2) BUSINESS, SIR, WHAT PERCENTAGE OF THAT BUSINESS WAS . (3) REPRESENTED BY THE SALE OF PCB-RELATED PRODUCTS? (4) A WELL, OF THE TOTAL MONSANTO BUSINESS? (5) Q RIGHT. (6) A OH, LESS THAN 1 PERCENT. (7) Q NOW, MR. PAPAGEORGE, WHAT I WOULD LIKE TO (8) TURN YOUR ATTENTION TO IS 1966 AND THE JENSEN WIDMARK (9) FINDINGS- (10) AUH-HUH. (11) Q - THAT WE HAVE DISCUSSED HERE. (12) WHEN DID MONSANTO FIRST LEARN THAT PCB'S (13) HAD BEEN FOUND IN THE ENVIRONMENT, SIR? (14) A ABOUT NOVEMBER, DECEMBER OF 1966. (15) Q WHO WITHIN THE MONSANTO ORGANIZATION (16) FIRST RECEIVED THIS INFORMATION, TO YOUR KNOWLEDGE? (17) A WELL, DAVID WOOD RECEIVED A LETTER FROM A (18) REPRESENTATIVE IN SWEDEN THAT WE SAW HERE THE OTHER (19) DAY. (20) Q AND WHAT WAS YOUR UNDERSTANDING OF THE (21) INFORMATION RECEIVED BY MR. WOOD? (22) A INVESTIGATORS WIDMARK AND JENSEN IN (23) WORKING WITH DDT AND ENVIRONMENTAL SAMPLES KEPT (24) SEEING SOME OTHER CHEMICAL IN THEIR STUDY AND IT TOOK (25) THEM A WHILE TO IDENTIFY THAT MATERIAL AND THEY HAD, (26) AT THAT TIME, TENTATIVELY IDENTIFIED IT AS A PCB. (27) THEY WERE PRETTY SURE OF THAT IDENTITY. (28) THEY HAD SOME QUESTION ABOUT THEIR Page 2004 (1) ABILITY TO DETERMINE HOW MUCH WAS PRESENT. (2) Q THE QUANTITY? (3) A THE QUANTITY, HOW MUCH IN THAT SAMPLE (4) WHICH THEY LATER IMPROVED UPON. (5) Q WHAT TYPE OF PCB'S WERE REPORTED BY THE (6) SWEDISH SCIENTISTS? (7) A THIS IS THE TYPE WE TALKED ABOUT EARLIER, (8) THE FIVE CHLORINE AND HIGHER TYPE. (9) Q SO THE HIGHER CHLORINATED PCB'S? (10) A THAT IS WHAT MONSANTO CALLED THE HIGHER (11) CHLORINATED. (12) Q AND 1242, WAS THAT CONSIDERED A HIGHER (13) CHLORINATED PCB? (14) anotatthattime.no. (15) Q AND WHAT LEVELS WERE JENSEN AND WIDMARK (16) REPORTING OF PCB'S? (17) A AS I REMEMBER, SOME SAMPLES HAD PARTS PER (18) MILLION, SOME PARTS PER BILLION. (19) IT VARIED. (20) Q CAN YOU GIVE US IN LAY TERMS WHAT A PART (21) PER MILLION OR PART PER BILLION WOULD BE? (22) A WELL, IT HELPS ME TO - PART PER MILLION, (23) JUST PICTURE A HUGE FOOTBALL STADIUM WITH A MILLION (24) SEATS. (25) PICK ONE SEAT IN THAT STADIUM, THAT IS A (26) PART PER MILLION. THAT HELPS ME GET AN (27) UNDERSTANDING. (28) A PART PER BILLION, YOU TAKE A STADIUM Page 2005 (1) WITH A BILLION SEATS WHICH IS A THOUSAND MILLION AND (2) TAKE ONE SEAT OUT OF THAT THOUSAND MILLION, THAT IS (3) ONE PART PER BILLION. (4) YOU CAN SEE HOW SENSITIVE THESE (5) INSTRUMENTS HAVE BECOME. (6) Q THAT BRINGS UP THE QUESTION, WHAT TYPE OF (7) EQUIPMENT DID THE SWEDISH SCIENTISTS REPORT THAT THEY (8) WERE USING WHEN THEY MADE THIS FINDING, SIR? (9) A WELL, IT'S EQUIPMENT KNOWN BY THE (10) CHEMISTS AS A GAS CHROMATOGRAM, COUPLED WITH A MASS (11) SPECTROMETER. (12) WHAT THAT MEANS IS ONE INSTRUMENT (13) SEPARATES THE PARTS OF THE SAMPLE AND TRIES TO (14) IDENTIFY EACH PART AND REPRESENTS THAT ON A CHART OF (15) PAPER-LIKE PEAKS AND VALLEYS, EACH PEAK REPRESENTS (16) THAT PARTICULAR CHEMICAL. (17) AND THE SPECTROMETER IS THE INSTRUMENT (18) THAT TAKES EACH PEAK AND TELLS YOU HOW BIG IT IS, HOW (19) BIG IS THAT MOLECULE, GIVES IT A WEIGHT NUMBER. (20) THEN THE CHEMIST SITS DOWN AND CALIBRATES (21) AND SAYS WITH THIS KIND OF WEIGHT THAT MATERIAL IS SO (22) MUCH CARBON, SO MUCH HYDROGEN, SO MUCH CHLORINE. SO (23) IT CLOSELY RESEMBLES A FIVE CHLORINE OR A FOUR (24) CHLORINE OR WHAT HAVE YOU, WHATEVER THE NUMBER WOULD (25) INDICATE. (26) SO THIS IS - A MASS SPEC IS USED TO (27) CONFIRM WHAT THE FINGERPRINT IS INDICATING. (28) Q AND WAS THIS EQUIVALENT TO SOMETHING THAT Page 2006 (1) WAS COMMERCIALLY AVAILABLE? (2) A WELL, IT WAS COMMERCIALLY AVAILABLE, BUT (3) NOT THE KIND THAT IS LIKE ON THE SHELF WHERE YOU WALK (4) IN AND BUY IT AND WALK OUT. (5) YOU HAVE TO ORDER IT AND THEY WILL BUILD (6) IT TO YOUR SPECIFICATION AND I REMEMBER MONSANTO (7) PEOPLE HAD TO DEVISE A UNIT TO PUT THE TWO PIECES (8) TOGETHER THAT THEY HAD. (9) AND THEN LATER ON THEY ORDERED ANOTHER (10) MORE SOPHISTICATED, NEWER PIECE. (11) Q WHAT WAS KNEW ABOUT THE ANALYTIC (12) EQUIPMENT THAT THE SWEDES WERE USING AT THE TIME THEY (13) MADE THIS CLAIM? (14) AI THINK THE MASS SPEC WAS THE PRINCIPAL (15) ADDITION. (16) Q DID THE SWEDISH SCIENTISTS REPORT THE (17) BIOLOGIC SIGNIFICANCE OF WHAT THEIR FINDINGS WERE, (18) SIR? (19) A NO. (20) AS I REMEMBER, THEY WERE FRUSTRATED IN (21) THAT THEY - NOW THAT THEY HAD ESTABLISHED PRESENCE (22) THEY HAD NO IDEA OF WHAT IT WAS DOING OUT THERE. (23) THEY HAD NO BIOLOGICAL INFORMATION. Transwestern v. Monsanto Page 2002 to Page 2006 WATER PCB-SD0000075859 BSA Trial Transcript [December 7,1993] XMAX(34) (24) Q WOULD YOU TURN TO TRANSWESTERN 33, (25) PLEASE. (26) A I HAVE IT. (27) Q WOULD YOU IDENTIFY IT FOR US, PLEASE. (28) A THIS IS A LETTER WITH THE LETTERHEAD OF Page 2007 (1) INSTITUTE OF ANALYTICAL CHEMISTRY OF STOCKHOLM, DATED (2) DECEMBER 29,1966 AND IT'S AUTHORED BY A GUNNAR (3) WIDMARK. (4) Q AND ADDRESSED TO WHOM? , (5) A ADDRESSED TO MR. FORD AT MONSANTO. (6) Q AND CAN YOU TAKE A LOOK AT - AND READ (7) FOR US THE FIRST SENTENCE OF THE FOURTH PARAGRAPH (8) THERE, SIR. (9) AI HAVE IT. (10) Q COULD YOU READ IT FOR US, PLEASE. (11) A "AT PRESENT WE HAVE NO KNOWLEDGE OF THE (12) BIOLOGICAL SIGNIFICANCE OF THE PRESENCE OF THESE (13) COMPOUNDS IN LIVING ORGANISMS." (14) Q THANK YOU, SIR. NOW, HOW DID MONSANTO (15) REACT TO THIS NEWS THAT CAME FROM SWEDEN REPORTING (16) THE PRESENCE OF PCB'S IN THE ENVIRONMENT? (24) CORVALLIS, OREGON, DULUTH, DR. RISEBROUGH AT THE (25) UNIVERSITY OF CALIFORNIA, BERKELEY, DR. PEAKALL AT (26) CORNELL, THE FDA LABORATORIES IN ROCKVILLE, (27) MARYLAND. (28) Q DID MONSANTO HAVE CONTACT WITH ALL OF Page 2009 (1) THOSE LABORATORIES? (2) A AND MANY MORE THAT I CAN'T REMEMBER AT (3) THE MOMENT. (4) Q DID MONSANTO PROVIDE SAMPLES OF ITS PCB (5) PRODUCTS- (6) A OH, YES. (7) Q - TO THESE LABORATORIES? (8) A OH, YES, YES, BY THE BARRELS FULL. (9) Q DID MONSANTO STAY WITH THESE (10) LABORATORIES, BOTH GOVERNMENTAL AND PRIVATE, IN TERMS (11) OF WHAT THEY WERE FINDING IN TERMS OF THEIR ANALYSIS (12) OF PCB'S? (13) AYES, THEY COMPARED NOTES. THEY HAD ROUND (14) ROBIN WHICH MEANS SAMPLES WERE PREPARED, IDENTICAL (15) SAMPLES AND SENTTO THE LABS. (16) THEY WOULD RUN THEIR ANALYSES AND THEY (17) AI GUESS THE BEST WORD I CAN USE IS TOTAL (17) COULD COMPARE THEIR ANSWERS. (18) SURPRISE. (19) IT JUST DIDN'T FIT WITH THE UNDERSTANDING (20) THAT MONSANTO HAD OF THESE MATERIALS OVER FOUR (21) DECADES. (22) Q WHY IS THAT? (23) A PRIMARILY BECAUSE OF THEIR STABILITY AND (24) THEIR USES. (25) WE KIND OF PICTURED THE OVERWHELMING (26) AMOUNT OF MATERIALS SOLD THROUGH THESE (18) THEY DID THIS VERY OFTEN, JUST TO STAY (19) TUNED IN. (20) Q TO SEE IF PEOPLE WERE FINDING THE SAME (21) THINGS WITH THE SAME SUBSTANCES? (22) A YES, THAT WAS THE INTENT. (23) Q THIS DIALOGUE BETWEEN MONSANTO AND (24) PRIVATE AND GOVERNMENTAL LABORATORIES CONTINUES FROM (25) THE TIME THAT YOU UNDERSTOOD HISTORICALLY AS WELL AS DECADES WAS (27) STILL IN STEEL TANKS, IN SERVICE. (28) AS I INDICATED BEFORE, IT WAS VERY Page 2008 (26) FROM THE TIME THAT YOU TOOK OVER IN 1970 AS MANAGER (27) OF ENVIRONMENTAL CONTROL? (28) A AND EVEN BEYOND. (1) DIFFICULT TO GO FROM THAT TRANSFORMER OR OTHER (2) MACHINE TO THE PINE NEEDLE WITH OUR UNDERSTANDING OF (3) HOW STABLE THESE THINGS WERE. (4) Q YOU WERE HAVING DIFFICULTY OR MONSANTO (5) WAS HAVING DIFFICULTY IN LINKING WHAT IT Page 2010 (1) Q DID MONSANTO HIRE ANYBODY TO ASSIST IN (2) THE ANALYTIC APPROACH TO THIS ISSUE? (3) A YES, THEY DID. (4) Q AND WHO DID THEY HIGHER? (5) A DR. SCOTT TUCKER WAS HIRED TO HEAD UP A (6) TEAM TO SPEND ALL OF HIS TIME ON PCB ANALYSIS UNDERSTOOD (7) RESEARCH. (6) IT USED TO BE TO HAVING PCB'S FOUND IN PINE NEEDLES? (8) Q WAS HE INVOLVED IN THE ANALYTIC ENDEAVOR? (9) AYES, UH-HUH. (7) A YES, THAT DESCRIBES THE IMPRESSION THAT (8) MONSANTO HAD. (9) Q AND HOW DID MONSANTO RESPOND AFTER (10) Q AND WHAT, IN PARTICULAR, DID HE FOCUS HIS (11) WORK ON? (12) A WELL, IT WAS CENTERED ON REFINING THE (10) RECEIVING THIS SURPRISING INFORMATION? (11) A WELL(12) Q INITIALLY (13) A INITIALLY THEY DECIDED WE HAD BETTER (13) METHODS USED TO ANALYZE FOR PCB'S IN ALL KINDS OF (14) SAMPLES, WHETHER THEY BE WATER, VAPORS, SOLID (14) LEARN A LOT MORE THAN WE KNOW. (15) LET'S GET THE ANALYTICAL PROCEDURE. (16) LET'S GET THE NECESSARY INSTRUMENTS. LET'S LOOK AT (15) MATERIALS, AND TO USE THAT LATER WHEN THEY BECAME (16) RELIABLE, THE RESULTS BECAME RELIABLE, IN CONDUCTING (17) SAMPLES. (18) LET'S COMPARE NOTES WITH DR. WIDMARK AND (17) SUCH STUDIES AS HOW MUCH IS LEFT IN A SAMPLE AFTER IT (19) JENSEN AND OTHER LABORATORIES. (20) Q "OTHER LABORATORIES" MEANING WHAT, SIR? (18) HAS BEEN EXPOSED TO BACTERIA, FOR EXAMPLE, THE (21) A EXAMPLES INCLUDE GOVERNMENT LABS LIKE THE (22) ONE THAT - THE COMMERCIAL LABORATORY IN GULF (19) DEGRADATION STUDIES AND BIODEGRADATION. (20) IN ORDER TO CONDUCT BIODEGRADATION, YOU BREEZE, (23) FLORIDA, THE ONE IN COLUMBIA, MISSOURI, I (21) NEED ANALYTICAL EXPERTISE, OTHERWISE YOU DON'T KNOW MENTIONED (22) WHAT YOU'VE GOT. YOU DONT KNOW WHERE Page 2006 to Page 2010 Transwestern v. Monsanto WATER PCB-SD0000075860 * BSA Trial Transcript [December 7,1993] XMAX(35) YOU'RE HEADED (23) AND WHERE YOU STARTED. (24) Q WHAT IS INVOLVED IN ANALYTIC TECHNIQUE, (25) YOU NEED EQUIPMENT. IS THAT THE FIRST THINNING YOU (26) NEED? (27) A CERTAINLY YOU NEED GOOD EQUIPMENT THAT (28) WILL GIVE YOU RELIABLE ANSWERS. Page 2011 (1) BUT EQUALLY AS IMPORTANT IS HOW IS THE (2) SAMPLE HANDLED UP FRONT SO YOU GET ALL OF THE PCB OUT (3) OF IT WITHOUT ALTERING IT, CHANGING IT INTO SOMETHING (4) DIFFERENT OR WITHOUT LOSING IT, AS YOU TRY TO (5) CONCENTRATE IT. (6) THAT WAS VERY CHALLENGING. THIS SAMPLE (7) PREPARATION IN ITSELF WAS FULLY TRIAL AND ERROR AT (8) FIRST. (9) Q THAT SUBJECT MATTER COULD BE REFERRED TO (10) AS THE ANALYTIC METHODOLOGY? (11) AYES. (12) Q WAS THAT AVAILABLE IN THE 1966-1970 TIME (13) FRAME? (14) A THE ONLY METHOD AVAILABLE IN '66 WAS (15) JENSEN WIDMARK'S METHOD, WHICH REALLY CONCENTRATED ON (16) SOLID MATERIALS, ANIMAL TISSUE, FISH TISSUE, PINE (17) NEEDLES. (18) THAT HAD TO BE ADOPTED TO WATER WHICH IS (19) A LITTLE DIFFERENT, AGAIN. (20) AND WATER IN AND OF ITSELF IS NOT JUST (21) WATER. THERE IS A LOT OF SEDIMENT IN IT, WHETHER YOU (22) CAN SEE IT OR NOT. (23) YOU HAVE TO GET IT AWAY FROM ALL THE (24) LITTLE PARTICLES FLOATING IN IT. (25) AND COLLECTING VAPORS WAS DIFFICULT. IT (26) WAS JUST VERY DIFFICULT TO CAPTURE ALL THE PCB'S AND (27) MAKE SURE YOU HAVE GOT PCB'S AND NOTHING ELSE OR THAT (28) YOU ARE NOT CONVERTING PCB'S INTO SOMETHING ELSE._______________ Page 2012 (1) Q AS WELL AS WHAT THE LEVEL OF THE PCB'S IS (2) GOING TO BE? (3) A THEN THE PROBLEM BECAME HOW DO I MEASURE (4) WHAT I'VE GOT. (5) THEY WENT THROUGH - WHEN I SAY 'THEY," (6) THE RESEARCH COMMUNITY, MONSANTO AND OTHERS WENT (7) THROUGH ALMOST A COUPLE OF YEARS DEBATING WHAT IS THE (8) BEST WAY TO QUANTIFY. (9) THERE WAS A SCHOOL OF SCIENTISTS THAT (10) SAID WE WILL MEASURE THE HEIGHTS OF THE PEAKS AND ADD (11) THEM UP AND THEN ARRIVE AT A NUMBER. (12) THERE IS ANOTHER SCHOOL THAT SAYS, NO, (13) YOU MEASURE THE AREA UNDER THE WHOLE CURVE. (14) I THINK THE AREA UNDER THE CURVE (15) DOMINATED, BUT I'M NOT CERTAIN TODAY. (16) THE COURT; MR. PREUSS, I WANT TO ALTER OUR (17) SCHEDULE A LITTLE BIT TO TAKE THE AFTERNOON BREAK AT (18) THIS POINT. (19) LADIES AND GENTLEMEN, I NEED TO ATTEND TO (20) SOME OTHER WORK DURING THE BREAK SO WITH YOUR (21) INDULGENCE, PLEASE. (22) WE WILL BE IN RECESS UNTIL FIVE BEFORE (23) THREE. (24) RESUMING AT FIVE BEFORE THREE. (25) WE ARE IN RECESS NOW. (26) (RECESS.) (27) THE COURT: AND RESUMING. (28) GO AHEAD, MR. PREUSS. Page 2013 (1) MR. PREUSS: THANK YOU, YOUR HONOR. (2) Q MR. PAPAGEORGE, BEFORE THE BREAK WE HAD (3) DISCUSSED THE WIDMARK, JENSEN FINDINGS AND MONSANTO'S (4) REACTION TO THAT AND INITIAL RESPONSE. (5) IN 1968 WAS THERE ANOTHER REPORT OF PCB'S (6) BEING FOUND IN THE ENVIRONMENT, SIR? (7) A YES, THERE WAS. (8) Q AND WHAT WAS THAT REPORT, SIR? (9) A THIS WAS A REPORT THAT INDICATED THAT (10) WILD BIRDS WERE FOUND TO CONTAIN PCB'S BY (11) DR. RISEBROUGH FROM THE UNIVERSITY OF CALIFORNIA (12) BERKELEY. (13) Q AND WHEN WAS THAT REPORT RECEIVED? (14) A LATE '68, AS BEST I RECALL. (15) Q AND THE REPORT INCLUDED INFORMATION ABOUT (16) THE EGGS AND EGGSHELL THINNING? (17) AYES. (18) IT REPORTED THAT EGGS WERE FOUND THAT (19) DIDN'T HAVE SHELLS, THAT THOSE THAT DID HAVE SHELLS (20) HAD VERY THIN - THEY WERE SO THIN THAT THE MOTHER (21) HEN WOULD BREAK THEM AS SHE TRIED TO SIT ON THEM. (22) THERE WERE REPRODUCTION PROBLEMS WITH (23) THESE WILD BIRDS. (24) Q AND DR. RISEBROUGH'S REPORT WAS THAT EGG (25) SHELL THINNING WAS ASSOCIATED WITH PCB'S AS WELL AS (26) OTHER SUBSTANCES? (27) A YES, DDT AND IT'S WHAT THEY CALLED A (28) METABOLATE, DDE, AND PCB'S WERE ALL FOUND IN SAMPLES.._______________________________________ u Page 2014 (1) Q DID SUBSEQUENT RESEARCH BARREL OUT THE (2) RELATIONSHIP BETWEEN THE EGGSHELL THINNING AND PCB'S? (3) A FOR WILD BIRDS? (4) Q YES. (5) AYES. (6) EVENTUALLY, AND I THINK THIS WAS ABOUT (7) 1972 OR SO, '73, THE DEPARTMENT OF INTERIOR (8) LABORATORIES, PAWTUXET, MARYLAND, CONCLUDED THAT WHAT (9) HAD BEEN OBSERVED AS AN EGG AND REPRODUCTION PROBLEM (10) IN WILD BIRDS WITH THE PRESENCE OF BOTH DDT AND PCB, (11) THAT IT WAS THE DDT THAT WAS THE CULPRIT. (12) Q AND NOT PCB'S? (13) A THAT'S RIGHT. (14) Q SO SUBSEQUENT RESEARCH ON (15) DR. RISEBROUGH'S INITIAL FINDINGS DID NOT LINK PCB'S (16) THEN, TO THE EGGSHELL THINNING? (17) A THAT IS TRUE. (18) Q ALL RIGHT. AND YOU WERE SHOWN EARLIER IN (19) YOUR EXAMINATION, SIR, AN ARTICLE IN THE CHRONICLE OR (20) THAT WAS REFERRED TO, DO YOU RECALL THAT? (21) AI DO. ' Transwestern v. Monsanto Page 2010 to Page 2014 WATER PCB-SD0000075861 BSA Trial Transcript [December 7,1993] XMAX(36) (22) Q AND THE REPORT ON DR. RISEBROUGH'S (23) INITIAL FINDINGS? (24) AI REMEMBER THAT, YES. (25) Q AND MONSANTO ISSUED A PRESS RELEASE AFTER (26) THAT? (27) AYES. (28) Q COULD YOU TURN TO THAT PRESS RELEASE, Page 2015 (1) PLEASE, EXHIBIT 74. (2) AI HAVE IT. (3) Q I WOULD LIKE TO TURN YOUR ATTENTION TO A (4) PORTION THAT WAS NOT DISCUSSED WITH YOU EARLIER, (5) SIR. (6) THAT IS ON PAGE 3. (7) WOULD YOU GO TO THAT. (8) THERE WE ARE. (9) I WOULD LIKE YOU TO READ, IF YOU WOULD, (10) PLEASE, PARAGRAPHS THREE AND FOUR ON PAGE 3. (11) A "IT HAS ALSO BEEN IMPLIED THAT (12) POLYCHLORINATED BIPHENYLS ARE 'HIGHLY TOXIC' (13) CHEMICALS. TO BE (17) PCB'S." (18) Q ALL RIGHT. AND DOES THIS PARAGRAPH (19) REFLECT YOUR UNDERSTANDING, BASED ON YOUR (20) INVESTIGATION, OF THE HISTORY BEFORE YOU TOOK OVER IN (21) JANUARY OF THE REASON FOR MONSANTO'S SURPRISE AT THE (22) FINDINGS OF WIDMARK AND JENSEN? (23) AYES. (24) THIS IS PART OF THE ELEMENT OF SURPRISE, (25) YES, SIR. (26) Q AND THE LAST TWO LINES THERE SAY, "DUE TO (27) THE METABOLISM OF OTHER MATERIALS IN THE MARINE (28) ENVIRONMENT APPEARING TO BE PCB'S." Page 2017 (1) WHAT DOES THAT MEAN, AS YOU UNDERSTAND (2) IT, SIR? (3) A THE THOUGHT WAS RAISED THAT COULD THE (4) MATERIAL THAT THE CHEMISTS NOW IDENTIFY AS BEING (5) SIMILAR TO AROCLOR 1254, FOR EXAMPLE, COULD IT HAVE (14) THIS IS NOT TRUE. THE TOXICITY OF ANY (15) MATERIAL WHETHER IT BE CHEMICALS, DRUGS, (6) ENTERED THE ENVIRONMENT AS SOME OTHER CHLORINATED NATURAL (16) PLANTS OR EVEN FOODS IS RELATIVE. JUST LIKE OTHER (17) INDUSTRIAL CHEMICALS AND KNOWN PRODUCTS NOWIN (18) WIDESPREAD USE, PCB'S ARE NOT HAZARDOUS (7) CHEMICAL AND WENT THROUGH THE FEEDING CHAIN AND ENDED (8) UP IN THESE BIRDS AND ANALYZED AS APPEARING TO BE AN (9) EQUIVALENT TO A PCB. (10) IT COULD HAVE STARTED OUT AS CHLORINATED WHEN PROPERLY (19) HANDLED AND USED. DURING MORE THAN 30 YEARS OF U.S. (20) PRODUCTION AND USE, CASES OF ANY TOXIC EFFECT HAVE (21) BEEN EXTREMELY RARE AND THEN ONLY WHERE THE SIMPLE (22) PRECAUTIONS RECOMMENDED WERE NOT FOLLOWED." (23) Q NOW, SIR, LET ME STOP YOU THERE. (24) WAS THAT PARAGRAPH CONSISTENT WITH WHAT (25) YOUR PERSONAL EXPERIENCE HAD BEEN AT MONSANTO IN (26) WORKING WITH PCB'S? (27) A EXACTLY, YES. (28) Q AND WAS THAT ALSO CONSISTENT WITH THE Page 2016 (1) INVESTIGATION YOU DID AFTER TAKING OVER AS MANAGER OF (2) ENVIRONMENTAL CONTROL IN JANUARY OF 1970? (11) SOMETHING ELSE. THAT IS JUST A THOUGHT. THAT IS ALL (12) IT WAS. (13) Q AS FAR AS YOU KNEW, NOBODY REALLY KNEW (14) THE ANSWER AT THAT POINT? (15) A THAT IS TRUE. (16) Q THEN TURN TO THE NEXT PAGE AND IF YOU (17) WOULD READ THE LAST PARAGRAPH. (18) LET ME GET IT ON HERE BEFORE YOU READ (19) IT. (20) JUST A MINUTE, PLEASE. (21) ALL RIGHT, IF YOU WOULD GO AHEAD, (22) PLEASE. (23) A "THE SOURCE OF THE MARINE LIFE RESIDUE (24) IDENTIFIED AS PCB IS NOT YET KNOWN. IT WILL TAKE (25) EXTENSIVE RESEARCH ON A WORLDWIDE BASIS TO CONFIRM OR ' (26) DENY THESE INITIAL SCIENTIFIC CONCLUSIONS." (27) Q HAD THAT RESEARCH AS OF MARCH OF 1969 (28) BEEN COMMENCED AT MONSANTO, SIR? (3) A IT WAS CONSISTENT. (4) Q AND WOULD YOU GO AHEAD AND READ THE NEXT (5) PARAGRAPH. (6) A "TO OUR KNOWLEDGE, POLYCHLORINATED (7) BIPHENYLS ARE NOT SPRAYED OR DUSTED ON CROPS (8) WOODLANDS OR ANY OTHER AREAS AS ARE PESTICIDES. (9) "IT IS THEREFORE NOT ONLY PUZZLING BUT (10) EXTREMELY DIFFICULT TO CONCEIVE HOW COMMERCIALLY (11) PRODUCED PCB CAN SHOW UP IN WILDLIFE IN THE (12) QUANTITIES REPORTED. THIS RAISES THE QUESTION (13) WHETHER THE SUBSTANCES IDENTIFIED IN THE SWEDISH WORK (14) AND NOW IN CALIFORNIA ARE AQTUALLY PCB'S OR WHETHER (15) THEY ARE COMPOUNDS WHICH DUE TO METABOLISM OF OTHER (16) MATERIALS IN THE MARINE ENVIRONMENT APPEAR Page 2014 to Page 2017 Transwestern v. Monsanto WATER PCB-SD0000075862 ' EfeA_______________________________________________ Trial Transcript [December 7,1993] XMAX(37) Page 2018 (1) A CERTAINLY. (2) Q ALL RIGHT. AND BRIEFLY WHAT WAS UNDERWAY (3) AT THAT POINT? (4) A WELL, IN ADDITION TO CONTINUING TO (5) IMPROVE THE ANALYTICAL ABILITY, MORE AND MORE SAMPLES (6) WERE BEING COLLECTED AND MORE AND MORE LABORATORIES (7) WERE GETTING INVOLVED AND MORE INTERCHANGE WAS TAKING (8) PLACE BETWEEN LABORATORIES TO PROVIDE SOME MORE (9) ANSWERS HERE AS TO WHAT IS IT WE ARE SEEING AND WHAT (10) CAUSES IT. (11) Q DID DR. RISEBROUGH'S NEW FINDINGS CAUSE (12) ANY CHANGE IN MONSANTO'S INVESTIGATION OF THIS ISSUE? (13) A NO. (14) THE PROGRAM WAS ALREADY CONCEIVED AND (15) UNDERWAY. (16) ALL THIS DID WAS CONFIRM WHAT THE SWEDISH (17) INVESTIGATORS HAD POINTED OUT. (18) Q I BELIEVE YOU TESTIFIED EARLIER ABOUT (19) CONTACT, INITIAL CONTACT WITH DR. WIDMARK BY (20) MONSANTO'S LONDON REPRESENTATIVES. (21) WAS CONTACT MAINTAINED WITH DR. WIDMARK (22) DURING THIS TIME FRAME, '68-'69? (23) A OH, YES, YES, IT WAS BY EUROPEAN (24) REPRESENTATIVES AND ALSO BY MONSANTO U.S. (25) REPRESENTATIVES. (26) Q AND TELL US ABOUT THE FURTHER CONTACT BY (27) MONSANTO U.S. REPRESENTATIVES WITH DR. WIDMARK. (28) MR. TALLON: OBJECTION, FOUNDATION. ________ Page 2019 (1) THE COURT: SUSTAINED. (2) Q BY MR. PREUSS: DO YOU HAVE KNOWLEDGE (3) BASED UPON YOUR INVESTIGATION OF THE PCB SITUATION AT (4) MONSANTO CONCERNING THE NATURE OF CONTACT BY MONSANTO (5) IN 1969 WITH DR. WIDMARK? (6) AYES, IDO. (7) Q AND IF YOU WOULD, TURN TO EXHIBIT 90 AND (8) TELL US WHETHER YOU ARE FAMILIAR WITH THAT DOCUMENT, (9) AS WELL, SIR. (10) AI AM FAMILIAR WITH THIS DOCUMENT. (11) Q AND A REVIEW OF THIS DOCUMENT FORMS A (12) PART OF THE BASIS OF YOUR KNOWLEDGE AS OF THE TIME (13) YOU TOOK OVER IN JANUARY OF 1970; ISN'T THAT CORRECT? . (14) A IT DOES. (15) Q AND YOUR UNDERSTANDING IS WHAT AS TO WHO (16) IN THE MONSANTO ORGANIZATION VISITED DR. WIDMARK IN (17) 1969? (18) A OF DR. ROBERT KELLER, MR. ELMER WHEELER (19) AND DR. BILL RICHARD. (20) Q ALL RIGHT. (21) A FROM THE UNITED STATES. (22) Q ALL RIGHT. AND REFRESH US, AGAIN, AS TO (23) THE JOB RESPONSIBILITIES OF THESE THREE INDIVIDUALS (24) AT MONSANTO AT THE TIME IN 1969. (25) A DR. ROBERT KELLER WAS THE SUPERVISOR OF METHODS OF (28) ANALYZING FOR CHEMICALS. Page 2020 (1) DR. RICHARD WAS THE DIRECTOR OF RESEARCH (2) FOR THE BUSINESS GROUP THAT WAS RESPONSIBLE FOR (3) FUNCTIONAL FLUIDS. (4) AND MR. WHEELER WAS IN MONSANTO'S (5) CORPORATE MEDICAL DEPARTMENT WHO WAS INVOLVED WITH (6) ANIMAL TOXICITY AND OCCUPATIONAL HEALTH AND THE LIKE. (7) Q WERE THESE THREE INDIVIDUALS INVOLVED (8) BEFORE THEIR TRIP IN MONSANTO'S INVESTIGATION OF THE (9) FINDINGS OF WIDMARK AND JENSEN? (10) A YES, THEY WERE, UH-HUH. (11) Q I WOULD LIKE YOU TO TURN TO PAGE 7 OF (12) THIS EXHIBIT, PLEASE. (13) AND MAY 5TH THERE INDICATES THE VISIT TO (14) DR. WIDMARK? (15) A IT DOES. (16) Q AND THIS IS DR. KELLER'S REPORTING OF (17) THEIR VISIT WITH DR. WIDMARK? (18) A IT IS. (19) Q AND IF YOU TURN, WOULD YOU READ THE (20) SECOND SENTENCE THERE THAT I HAVE HIGHLIGHTED ON THE (21) SCREEN. (22) A "WIDMARK WHILE BASICALLY AN ANALYTICAL (23) CHEMIST HAS CONSIDERABLE KNOW-HOW ABOUT THE TOTAL (24) PROBLEM RELATED TO ENVIRONMENTAL CONTAMINATION AND (25) THE ECOLOGICAL SYSTEM IN GENERAL." (26) Q AND THEN TURN TO PAGE 8, IF YOU WOULD, (27) PLEASE. (28) AI HAVE IT.__________ _______________________________ Page 2021 (1) Q AND WOULD YOU READ THE FIRST HIGHLIGHTED (2) OR THE TOPMOST HIGHLIGHTED SECTION ON PAGE 8. (3) YOU CAN START AT THE BEGINNING OF THE (4) SENTENCE. IT LOOKS LIKE I DIDN'T QUITE DO THAT. (5) A OH, HERE IT IS. I HAVE IT. (6) Q I'M SORRY. YOURS ISN'T HIGHLIGHTED. (7) A "HIS POSITION BEING THAT IT IS VERY . (8) DIFFICULT TO QUANTIFY THE PCB RESULTS BECAUSE OF THE (9) MANY ISOMERIC SPECIES AND THAT WE REALLY DON'T KNOW (10) WHICH GROUP WE ARE WORKING WITH UNDER THESE . (11) CONDITIONS." (12) Q AND IS IT YOUR UNDERSTANDING THAT HIS (13) POSITION, DR. WIDMARICS POSITION IS RELATED TO (14) DR. KELLY AND REFLECTED IN DR. - EXCUSE ME, (15) DR. KELLER'S MEMORANDUM? (16) A WOULD YOU REPEAT THE QUESTION, SIR? (17) Q YES, I'M SORRY. (18) IS IT YOUR UNDERSTANDING THAT THE "HIS" (19) OF "HIS POSITION" IS DR. WIDMARK AS REPORTED BY (20) DR. KELLER IN THIS MEMORANDUM? (21) AYES. (22) Q AND WHAT IS YOUR UNDERSTANDING 0 THE (23) REFERENCE TO ISOMERIC SPECIES? (26) THE GROUP IN MONSANTO'S RESEARCH DEPARTMENT THAT (27) CONCENTRATED ON ANALYTICAL RESEARCH, NEW (24) A HE IS TALKING ABOUT THE GROUPS THAT WE (25) TALKED ABOUT EARLIER AS THE THREE CHLORINE GROUPING Transwesfern v. Monsanto Page 2018 to Page 2021 WATER PCB-SD0000075863 BSA Trial Transcript [December 7,1993] XMAX(38) (26) AND THE FOUR CHLORINE AND THE FIVE CHLORINE. (27) EACH GROUP OF THAT TYPE, THE MEMBERS OF (28) THE GROUP ARE CALLED ISOMERS TO EACH OTHER. Page 2022 (1) Q AND THEN IF YOU TURN LOWER THERE, AND, (2) AGAIN, I'M GOING TO GIVE YOU A HINT AS TO WHERE IT IS (3) HERE, SINCE YOURS ISN'T HIGHLIGHTED, WOULD YOU READ (4) THAT SENTENCE FOR US, PLEASE. (5) A "HIS THEORY ON FINDINGS OBSERVED IS THAT (6) THE FIVE, SIX AND EIGHT CHLORINATED BIPHENYLS ARE NOT (7) METABOLIZED BECAUSE NOT MANY BELOW FIVE ARE FOUND. (8) FOR HIS WORK THE GERMAN CHLORINATED 50 PERCENT (9) BIPHENYL WAS USED AS A REFERENCE STANDARD." (10) Q AND A 50-PERCENT BIPHENYL, THE ONE WHOSE (11) WEIGHT IS 50-PERCENT CHLORINE? (24) YOU OUT ON, "ONE OBJECTIVE." (25) A OH, I SEE IT. (26) "ONE OBJECTIVE OF THIS EXCHANGE IS TO (27) DETERMINE ANALYTICAL DIFFICULTIES BETWEEN (28) LABORATORIES AND DIFFERENT PROCEDURES." Page 2024 (1) Q AND WHAT IS YOUR UNDERSTANDING OF WHAT (2) THAT REFERS TO? (3) A THAT REFERS TO THE INSTRUMENTS AND (4) ACTIVITIES CONDUCTED IN THE LABORATORIES IN AN (5) ATTEMPT TO ANALYZE FOR PCB'S. (6) THERE ARE DIFFERENT METHODS FOR GETTING (7) THE RIGHT SAMPLE, HOW TO TREAT THAT SAMPLE, HOWTO (8) PUT IT IN THE RIGHT MACHINE AND HOW TO INTERPRET WHAT (9) THE MACHINE IS SAYING. (10) AND THERE WAS SOME EXCHANGE OF (11) INFORMATION SO ALL THE LABORATORIES WOULD USE THE (12) AYES. (13) Q AND THE "REFERENCE STANDARD" MEANS WHAT, (14) SIR, AS YOU UNDERSTAND IT? (15) A IT'S A MATERIAL THAT IS PUT INTO THE (16) INSTRUMENT THAT IS A KNOWN- IT IS A SAMPLE OF THE ! (17) COMMERCIAL MATERIAL THAT WE KNOW THE ANALYSIS OF. (18) IT PRODUCES A FINGERPRINT AND THAT (19) FINGERPRINT IS MATCHED TO THE UNKNOWN TO SEE WHICH IT (20) RESEMBLES. (21) Q SO YOU DEAL WITH A KNOWN SUBSTANCE AND (22) YOU DETERMINE IF THE UNKNOWN SUBSTANCE IS THE SAME? (23) A CORRECT. (24) Q THEN THE BOTTOM REFERENCE ON THAT PAGE, (25) WOULD YOU READ THAT, BEGINNING WITH DR. STICKLES? (26) A "DR. STICKLES AT THE PAWTUXET LABORATORY (27) IN MARYLAND WHO IS OUR REPRESENTATIVE WITH THE OECD . (28) GROUP IS PARTICIPATING IN A JOINT ANALYTICAL PROGRAM Page 2023 (12) SAME METHODS, AS MUCH AS POSSIBLE. (13) Q SO THAT IF A FINDING IN ONE LABORATORY IS (14) X, THEN THERE IS SOME CONFIDENCE THAT WHEN ANOTHER (15) LABORATORY DOES THE SAME STUDY AND GETS X THAT THEY (16) ARE LOOKING AT THE SAME THING? (17) A THAT IS THE INTENT, YES, SIR. (18) Q AND THEN THE NEXT SENTENCE I WOULD LIKE (19) YOU TO READ IS A LITTLE WAYS DOWN, BEGINNING 'TO (20) DATE." (21) A 'TO DATE NO REALTOXILOGICAL (SIC) WORK (22) HAS BEEN DONE IN WIDMARK'S OPINION WHICH HE, AT (23) LEAST, CAN UNDERSTAND." (24) Q AND TOXILOGICAL (SIC) STUDIES AT THAT (25) TIME HAD BEEN COMMENCED BY MONSANTO? (26) A OH YES, YES. (27) Q AND THAT WAS ONGOING AT THAT TIME? (28) A CORRECT.* 1 11 Page 2025 (1) Q THEN PULL DOWN A LITTLE FURTHER TO THREE (2) INCHES DOWN THERE BEGINNING WITH "WIDMARK." (1) WITH WIDMARK." (2) Q AND "OECD" REFERS TO WHO OR WHAT? (3) A AS I REMEMBER, THAT IS THE ORGANIZATION (4) OF ECONOMIC COOPERATION AND DEVELOPMENT. (5) THIS IS A GROUP OF EUROPEAN COUNTRIES (6) THAT WERE ORIGINALLY PART OF THE MARSHALL PLAN. (3) A "WIDMARK TAKES THE POSITION THAT WE MUST (4) KNOW WHERE THE PCB COMPOUNDS COME FROM AND MORE ABOUT (5) THE TOXILOGICAL (SIC) EFFECTS." (6) Q AND AT THAT POINT HE HADN'T ARRIVED AT (7) ANY OPINION AS TO WRERE, INDEED, THE PCB COMPOUNDS (7) THEY KEPT TOGETHER UNDER THIS TITLE. (8) Q I SEE. (9) DO YOU KNOW DR. STICKLES? (10) A YES, I KNEW HIM. (11) Q WAS HE A SCIENTIST? (12) AYES. HE WAS AN AVIAN SCIENTIST OF SOME (13) SORT. (14) Q IF YOU WOULD TURN TO THE NEXT PAGE, (15) PLEASE, PAGE 9. (16) AI HAVE IT. (17) Q AND THE TOP SENTENCE I WOULD LIKE YOU TO (18) READ BEGINNING WITH "ONE OBJECTIVE." (19) A "ONE OBJECTIVE OUT OF THIS WORK IS TO (20) BUILD A BACKGROUND OF INFORMATION ABOUT PCB'S AND (21) RESIDUES IN BIRDS AND FISH IN NONINDUSTRIAL AREAS/' (22) Q LET ME BACK YOU UP ONE SENTENCE THAT ALSO (23) STARTS THE SAME WAY, SIR, THAT I SHOULD HAVE HELPED (8) WERE COMING FROM THAT HE WAS LOOKING AT? (9) A CORRECT. (10) Q THEN IF YOU TURN TO THE NEXT PAGE, (11) PLEASE. (12) I WOULD LIKE YOU TO READ THE PORTION (13) WHICH I HAVE HIGHLIGHTED AND BEGINS THE THIRD - (14) ACTUALLY THE SECOND LINE DOWN WITH THE WORDS "WHEN (15) ASKED." (16) A "WHEN ASKED WHAT HE WOULD DO IF HE WERE (17) IN A MANUFACTURER'S POSITION INVOLVING PCB, WIDMARK (18) COMMENTED AS FOLLOWS: ONE, RESTRICT PCB'S TO CLOSED (19) SYSTEMS." (20) "TWO, FIND A SUBSTITUTE FOR PCB'S. (21) "THREE, COME UP WITH A POSITIVE (22) ANALYTICAL DATA SO THAT BIOLOGISTS, ECOLOGISTS, Page 2021 to Page 2025 Transwestern v. Monsanto WATER PCB-SD0000075864 ' BSA Trial Transcript [December 7,1993] XMAX(39) (23) CANNOT MISUSE IT." (24) Q WAS IT YOUR UNDERSTANDING THAT THIS (25) QUESTION WAS POSED BY ONE OF THE THREE DIET." (25) WHAT WAS YOUR UNDERSTANDING OF THE WORD (26) TRACES," SIR? INDIVIDUALS (26) THAT WAS VISITING HIM AT THE TIME? (27) A IN THE PART PER MILLION, PART PER BILLION (28) RANGE. _______________________________________ (27) AYES, DEFINITELY. (28) Q AND WERE THE COMMENTS OF DR. WIDMARK, IN Page 2026 (1) FACT, TAKEN TO HEART BY MONSANTO? ' Page 2028 (1) Q AND NUMBER TWO, COULD YOU READ THAT FOR (2) US, PLEASE. (3) A 'THERE IS LITTLE EVIDENCE TO SHOW HOW (2) A YES, THEY WERE. (3) IN FACT, THEY WERE INCORPORATED IN (4) PROGRAMS LATER. (5) Q OKAY. NOW, YOU MENTIONED, SIR, THAT IN (6) ADDITION TO AMERICAN REPRESENTATIVES OF MONSANTO (7) CONTACTING RESEARCHERS AND DR. WIDMARK, IN (8) PARTICULAR, THERE WERE SOME (4) SERIOUS THIS MINOR CONTAMINATION WILL PROVE TO BE. (5) BUT WHAT EVIDENCE THERE IS IS REASSURING." (6) Q WHAT WAS YOUR UNDERSTANDING OF THAT (7) PARTICULAR PARAGRAPH, BASED ON YOUR REVIEW OF THAT (8) AND THE OTHER INFORMATION THAT YOU HAVE OBTAINED? (9) A WELL, FROM WHAT WAS OBSERVED HAPPENING IN REPRESENTATIVES OF (9) MONSANTO FROM EUROPE THAT ALSO WERE (10) THE ENVIRONMENT IT DIDN'T APPEAR THAT SERIOUS DAMAGE CONTACTING (10) RESEARCHERS IN THE EUROPEAN AREA - (11) AYES. (12) Q - TO OBTAIN THEIR FINDINGS? (13) A YES, THERE WERE. (14) Q AND WAS DR. HARDY INVOLVED IN THAT (15) EFFORT, SIR? (16) AYES. (17) Q ALL RIGHT. I BELIEVE YOU WERE QUESTIONED (18) YESTERDAY ON AN EXHIBIT 87, WHICH IS A REPORT (11) WAS WIDESPREAD AND ATTRIBUTABLE TO A PCB SITUATION SO (12) FAR. (13) Q ALL RIGHT. AND NUMBER 3, COULD YOU READ (14) THAT FOR US, PLEASE. (15) A "THERE IS LITTLE EVIDENCE TO SHOW HOW THE (16) PCB CONTAMINATION ARISES. (17) "IT MAY BE RUNOFF OF WASTE INTO RIVERS OR (18) BY BURNING OF INDUSTRIAL WASTE WITH SUBSEQUENT OF (19) DR. HARDY ENTITLED "PRODUCT TOXICOLOGY, (19) WASHING DOWN BY RAIN. (20) "IT IS REMOTELY POSSIBLE THAT THE PCB'S AROCLORS" (20) YOU ARE FAMILIAR WITH THIS? (21) AYES, I AM. (22) Q I WOULD LIKE YOU TO TURN TO THE SUMMARY (23) PAGE, IF YOU WILL. (24) YOU WERE QUESTIONED ON PART ON THIS THE (25) OTHER DAY. (26) I THINK ITS PAGE 4, MR. PAPAGEORGE. (27) AYES, I FOUND IT. (28) Q ALL RIGHT. AND I WANT TO GO TO THAT Page 2027 (1) STATEMENT IN THAT SUMMARY PAGE. (2) AGAIN, MR. HARDY IS AN EMPLOYEE OF (3) MONSANTO OR WAS AT THE TIME IN THE LONDON OFFICE? (4) A AT WHICH TIME, SIR? (5) Q AT THE TIME OF THIS MEMO. (6) A NO. (7) AT THE TIME OF THIS MEMO HE WAS A RETIRED (8) EMPLOYEE AND SERVING AS A CONSULTANT TO MONSANTO IN (9) EUROPE. (10) Q YOU ARE CORRECT. (11) ON THE TITLE PAGE IT SAYS, "NOW (12) CONSULTANT'? (13) AYES. (14) Q "IN THE AREA OF PRODUCT TOXICOLOGY AND (15) SAFETY1? (16) AYES. (17) Q IS IT YOUR UNDERSTANDING THAT HE VISITED (21) MIGHT ARISE BY BIOCHEMICAL REACTION ON INSECTICIDES (22) AND OTHER CHLORINE-CONTAINING CHEMICALS WHICH ARE (23) SIMILARLY DISCHARGED INTO THE RIVERS, SEAS AND (24) OCEANS. (25) "IT COULD BE THAT AMONG THE VAST QUANTITY (26) OF MATERIALS DESTROYED ON LAND AND AT SEA DURING THE (27) 1939-'45 WAR, SIGNIFICANT QUANTITIES OF AROCLORS AND (28) AROCLOR-CONTAINING MATERIALS FOUND THEIR WAY INTO THE 1 11 Page 2029 (1) RIVERS, SEAS, ET CETERA, AND ARE BEING SLOWLY (2) RELEASED BY CORROSION, EXTRACTION AND SO FORTH. (3) "SEE FOOTNOTE AT THE END OF REPORT." (4) Q AND THESE WERE JUST POSSIBILITIES OR, IF (5) YOU WILL, SPECULATION AS TO WHAT MIGHT BE THE CASE BY (6) DR. HARDY? (7) A THIS IS SOME QUESTIONING RAISED BY A (8) TECHNICAL PERSON IN THIS FIELD. (9) HE IS OFFERING THOSE FOR THOUGHT HERE, (10) FOR CONSIDERATION. (11) Q HE DIDN'T KfclOW At THE TIME? (12) A THAT'S TRUE. (13) Q AND NUMBER 4, WOULD YOU READ THAT? (14) A "A CONSIDERABLE MONSANTO EFFORT WILL BE (18) A NUMBER OF SCIENTISTS AND PUT TOGETHER (15) NECESSARY TO OBTAIN THE NECESSARY THIS REPORT (19) AND THIS IS A SUMMARY OF WHAT HE FOUND, BASED ON (20) THOSE VISITS? (21) A THAT IS MY UNDERSTANDING. (22) Q NOW, NUMBER ONE SAYS, "THERE CAN BE NO (23) DOUBT THAT TRACES OF PCB'S, AROCLORS, ARE TO BE FOUND (24) IN WILDLIFE, FISH AND CERTAIN ITEMS OF HUMAN ANALYTICAL AND (16) TOXICOLOGICAL INFORMATION FOR DEALING WITH THIS (17) THREAT TO OUR COMMERCIAL OPERATIONS." (18) Q ALL RIGHT. AND YOU HAVE SPOKEN ALREADY (19) OF EFFORTS IN THIS COUNTRY IN BOTH THE ANALYTIC AREA (20) AS WELL AS THE TOXICOLOGIC AREA. (21) WAS THAT ALSO GOING ON IN EUROPE, IN Transwestern v. Monsanto Page 2025 to Page 2029 WATER PCB-SD0000075865 BSA Trial Transcript [December 7,19931 XMAX(40) (22) MONSANTO'S EUROPEAN OPERATION? (25) PROBLEM. (23) A IN MONSANTO EUROPE THE ANALYTICAL (24) RESEARCH AND STUDY WAS UNDERGOING. (25) THEY WERE ALSO CONDUCTING BIODEGRADATION (26) STUDIES. , (27) THEY WERE NOT CONDUCTING ANY (28) TOXICOLOGICAL STUDIES. Page 2030 (1) Q THE TOX STUDIES WERE DONE IN THIS (2) COUNTRY? (3) A THAT IS CORRECT. (4) Q NOW, DID MONSANTO AFTER GETTING THE (5) WIDMARK FINDINGS IN THE LATER FINDINGS OF (6) DR. RISEBROUGH TAKE A LOOK AT ITS OWN MANUFACTURING (7) OPERATIONS TO SEE IF PCB'S MIGHT BE ESCAPING IN THAT (8) MANNER? (9) A CERTAINLY. (10) Q AND WHAT STEPS DID MONSANTO TAKE IN THAT (26) Q ALL RIGHT. AND IN THE SECOND HIGHLIGHTED (27) PARAGRAPH THERE, DOES HE MAKE A RECOMMENDATION IN (28) TERMS OF FURTHER EVALUATION OF THE EFFLUENCE FROM THE Page 2032 (1) MONSANTO PLANT IN ANNISTON? (2) A THAT IS THE NEXT TO LAST PARAGRAPH? (3) Q YES, SIR. (4) AYES, SIR. UH-HUH. (5) Q YESTERDAY YOU WERE QUESTIONED ABOUT (6) MR. RICHARD HERE IS ONE OF THE RECIPIENTS OF THIS (7) MEMO. (8) YOU WERE QUESTIONED ABOUT MR. RICHARD'S (9) OPINION CONCERNING THE LIKELIHOOD OF A BAN ON PCB'S. (10) DO YOU RECALL THAT? (11) A I DO. (11) REGARD, SIR? (12) Q AFTER TAKING OVER YOUR JOB IN JANUARY OF (12) A OH, THE INITIAL STEPS WAS ONE OF TRYING (13) TO FIND OUT WHERE AND HOW MUCH IN THE WAY OF PCB (14) MATERIALS WERE BEING INTRODUCED INTO PLACES (13) 1970, SIR, AND ACQUAINTING YOURSELF WITH THE (14) SITUATION AS YOU FOUND IT, WHAT WAS YOUR VIEW OF THAT (15) ISSUE? WHERE IT (16) A I HAD A PERSONAL SUSPICION, THE BEST I (15) SHOULDN'T BE. (16) Q ALL RIGHT. AND WHO WAS IN CHARGE OF THAT (17) COULD CALL IT, AT THE TIME. BECAUSE I DIDN'T HAVE (17) EFFORT DOMESTICALLY, SIR? (18) I GUESS WHO DID THE HANDS-ON WORK. (18) ALL THE INFORMATION I WOULD HAVE LIKED TO HAVE HAD. (19) A THE HANDS-ON WORK, THERE IS NO ONE (19) WHAT I KNEW AT THAT TIME AND THE (20) PERSON, REALLY. (21) THE PLANT PERSONNEL PARTICIPATED IN (22) GATHERING SAMPLES. (23) Q AND WHO DID THE ANALYSIS? (20) ASSOCIATION WITH DDT AND FRANKLY SOME OF THE EMOTIONS (21) THAT WERE BEING GENERATED, THAT THE POSSIBILITY FOR A (24) A THE ANALYSES, THE SAMPLES WERE SENT TO (25) ST. LOUIS TO BE CONDUCTED BY DR. TUCKER'S (22) PERHAPS NOT A TOTAL BAN BUT A RESTRICTED REGULATION TEAM. (26) Q SO DR. TUCKER'S TEAM WAS INVOLVED IN THE (27) ANALYSIS OF THESE SAMPLES? (23) OF PCB'S WAS POSSIBLE. (24) I USED THAT CONCEPT TO KIND OF GUIDE ME (25) IN THE KINDS OF THINGS MONSANTO MIGHT DO TO (28) A YES, THEY WERE. Page 2031 (1) Q COULD YOU PLEASE TAKE A LOOK AT EXHIBIT (2) 71, WHICH IS ONE THAT YOU WERE QUESTIONED ON THE (3) OTHER DAY. MEET THAT (26) SITUATION. (27) Q MR. TALLON I BELIEVE QUESTIONED YOU AT OR (28) ABOUT THE TIME YOU WERE DISCUSSING DR. RICHARD'S VIEW1 11 Page 2033 (4) AI HAVE IT. (5) Q AND THIS IS A MEMO TO BOTH MR. RICHARD (6) AND MR. WHEELER FROM MR. TUCKER. (7) AND THE DATE OF THAT IS FEBRUARY 25, (8) 1969? (1) ON THE POSSIBILITY OF A BAN ABOUT SALMON FISHING, I (2) BELIEVE, IN LAKE MICHIGAN AND THE GOVERNOR. (3) WHEN DID THAT ISSUE ARISE, TO YOUR (4) RECOLLECTION, SIR? (9) A IT IS. (10) Q SO THAT WOULD BE RIGHT AFTER THE (11) DR. RISEBROUGH NEWS AND BEFORE THE PRESS (5) A THE BEST I CAN RECALL, AND I HAVE GIVEN (6) THIS SOME THOUGHT, THE GOVERNOR HIMSELF WASN'T RELEASE THAT (7) INVOLVED. (12) WE DISCUSSED? (8) BUT THERE WAS AN AGENCY WITHIN THE STATE, (13) AYES. (14) Q AND WHAT IS MR. TUCKER REPORTING IN THIS (15) MEMO, SIR? (9) IT MIGHT HAVE BEEN THE PUBLIC HEALTH DEPARTMENT. (10) THEY ISSUED SOME ADVISORIES, NOT (16) A HE IS REPORTING THE ANALYTICAL RESULTS (17) THAT HE OBTAINED ANALYZING SOME WATER AND SEDIMENT (11) REGULATIONS. THEY WERE ADVISING THE PUBLIC, (12) ESPECIALLY THOSE WHO CAUGHT A LOT OF FISH AND ATE . (18) SAMPLES FROM THE ANNISTON, ALABAMA PLANT (13) THERE CATCH, TO LIMIT THE INTAKE OF FISH AREA. (19) Q ALL RIGHT. AND WHERE WAS HE IN TERMS OF (20) DEVELOPING BOTH THE ANALYTIC EQUIPMENT AND His (21) METHODOLOGY AT THIS TIME? THROUGH (14) THEIR DIETS. (15) THIS HAPPENED - OH, THIS WAS AFTER I WAS (16) RELIEVED OF THE PCB ASSIGNMENT. (17) SO IT WAS ABOUT '78 OR SO. (22) A BY FEBRUARY '69 IT WAS PRETTY FAR ALONG. (23) BUT THERE IS - EXCUSE ME, THERE IS STILL (18) Q SO IT WASN'T IN THE TIME FRAME OF LATE (19) 60'S OR EARLY 70'S? (24) SOME STUDYING NEEDED TO IMPROVE ON THE (20) A NO, NO. QUANTIFICATION (21) THAT WAS MUCH LATER, ALTHOUGH THERE WAS A Page 2029 to Page 2033 Transwestern v. Monsanto WATER PCB-SD0000075866 BSA Trial Transcript [December 7,1993] XMAX(41) (22) LOT OF TALK AT THE TIME ABOUT PCB'S IN LAKE (27) Q OKAY. MICHIGAN, (23) NOTHING LIKE THIS CAME UP. (24) Q OKAY. NOW, WITH RESPECT TO THE (25) RECOMMENDATIONS HERE ABOUT FURTHER EVALUATION, WAS (26) THAT, IN FACT, CARRIED OUT TO YOUR UNDERSTANDING? (27) A OH, YES, DEFINITELY. (28) Q I WOULD LIKE TO TURN YOUR ATTENTION TO Page 2034 (1) EXHIBIT 103, WHICH IS AN OCTOBER 8TH, 1969 (28) . A IT WAS - NEVER MEASURED, OF COURSE, BUT Page 2036 (1) IT LOOKED TO ME TO BE ABOUT THE SIZE OF A FOOTBALL (2) FIELD AND A HALF. (3) Q AND COULD YOU POINT OUT THE FOUR (4) LOCATIONS WHERE THE SAMPLES WERE TAKEN? (5) A TWO, THREE AND FOUR. (6) Q OKAY. AND THESE WERE MUD SAMPLES, RIGHT? (7) A MUD, YES. (8) Q AND IN PARTICULAR THERE IS, IF YOU LOOK MEMO FROM (2) MR. TUCKER TO MR. VODDEN; IS THAT CORRECT? (3) A VODDEN? (4) Q AND RUABON. (5) AND WHAT IS RUABON OR WHERE IS RUABON? (6) A RUABON IS A CITY IN WALES WHERE A (7) MONSANTO FACILITY WAS LOCATED, A RESEARCH AND (9) AT THE FIRST PAGE, AGAIN - BY THE WAY, DO MUD (10) SAMPLES TEND TO GIVE YOU HIGHER READINGS THAN YOU (11) WOULD FIND IF YOU ARE JUST TAKING IT OUT OF WATER? (12) A OH, YES. (13) Q WHY IS THAT? (14) A BECAUSE THE PCB'S ARE NOT VERY SOLUBLE IN (8) PRODUCTION FACILITY. (9) Q AND SOME ANALYSIS WAS DONE THERE ABOUT (10) THE PRESENCE OF PCB'S? (11) A NO. (12) THE ANALYSES WERE DONE IN ST. LOUIS BY (13) DR. TUCKER. (14) Q OF SAMPLES(15) A OF MATERIALS SENT FROM THAT LOCATION. (16) Q ALL RIGHT. AND THEN THERE IS A MAP (17) ATTACHED TO THAT? (18) AYES. (19) Q AND THOSE SAMPLES WERE TAKEN WITHIN (20) PROXIMITY TO THE OUTFLOW, IS THAT WHAT YOU WOULD CALL (21) IT? (22) AYES. IT WAS NEAR THE PLANT THERE. (23) Q NEAR THE PLANT? (24) AYES. (25) Q ALL RIGHT. AND FOUR DIFFERENT LOCATIONS (26) AND THOSE ARE REPORTED IN THIS MEMORANDUM? (27) A YES. THOSE WERE LOCATIONS OF WHERE THE (28) SAMPLE WAS TAKEN? Page 2035 (1) Q YES. (2) A NOT THE PLANT LOCATION? (3) QNO, NO. (4) THE CIRCLED AREAS ON PAGE 2,1 GUESS I (5) SHOULD SHOW THAT, THERE ARE FOUR CIRCLES THERE. (6) IS THAT YOUR UNDERSTANDING AS TO WHERE (7) THE SAMPLES WERE TAKEN? (8) A YEAH. (9) THE CIRCLES ARE AROUND THE CONCENTRATION (10) OF PCB'S DETECTED. (11) ABOVE THAT IS THE NAME OF THE SITE. (12) Q THE CITY? (13) A THE CITY, TOWN OR VILLAGE. (14) Q AND THEN THE PLANT IS LOCATED WHERE, IF (15) WATER AND THEY ARE HEAVY. SO THEY WILL SINK TO THE (16) BOTTOM AND FIND THEMSELVES IN THE MUD LAYER. (17) THAT IS WHERE THEY WILL CONCENTRATE. (18) Q AND THERE IS ONE FINDING HERE OF 2068 (19) PARTS PER BILLION? (20) A PARTS PER BILLION. (21) Q HOW WOULD THAT TRANSLATE INTO PARTS PER (22) MILLION? (23) A 2.068 PARTS PER MILLION. (24) Q OKAY. NEXT I WOULD LIKE YOU TO, IF YOU (25) WOULD, PLEASE, TURN TO EXHIBIT 110. (26) AI HAVE IT. (27) Q CAN YOU IDENTIFY THIS FOR US, BRIEFLY, (28) WHO THE AUTHOR IS?_______________________________ Page 2037 (1) A THE AUTHOR, DR. E. S. TUCKER. (2) IT'S - (3) Q I THINK YOU HAVE TO GO TO THE THIRD PAGE (4) TO GET THE DATE. (5) A THE DATE IS NOVEMBER 10TH, 1969. (6) AND IT'S A SUMMARY REPORT BY DR. TUCKER (7) OF WHAT WAS KNOWN ABOUT PCB CONTENT IN SAMPLES. (8) Q ALL RIGHT. AND WHAT WAS YOUR (9) UNDERSTANDING OF WHAT DR. TUCKER DID TO COMPILE THE (10) ATTACHMENT TO HIS MEMO THAT YOU DISCUSSED AT SOME (11) LENGTH YESTERDAY? (12) A OF COURSE HE LOOKED IN HIS PERSONAL FILES (13) OF INFORMATION THAT HE HAD GATHERED SINCE ARRIVING ON . (14) THE JOB. (15) HE, OF COURSE, HAD PERSONAL CONTACT WITH (16) SOME OF THE LABORATORIES THAT ARE LISTED. (17) AND HE, OF COURSE, INITIATED THE TAKING (18) OF MANY SAMPLES, PRIMARILY WITHIN MONSANTO, THAT ARE (15) YOU KNOW? (16) A AS BEST I RECALL, IT ISN'T SHOWN ON THAT (17) CHART, BUT ITS BELOW THE AREA THERE THAT IS DENOTED (18) AS THE CITY OF NEWPORT. (19) Q SOMEWHERE IN THIS AREA? (20) A YES, ON THAT WATER ESTUARY THAT LEADS (21) THE RIVER THAT LEADS INTO NEWPORT. (22) Q WHY DON'T YOU USE THE POINTER THERE. (23) A THE PLANT IS ABOUT HERE, AS BEST I (19) SEEN ON THIS LISTING. (20) Q OKAY. I HAVE THE FIRST PAGE UP THERE OF (21) THE ATTACHMENT. (22) DO YOU HAVE THAT IN FRONT OF YOU AS WELL, (23) NOW? (24) AI DO. (25) Q LETS GO THROUGH THAT TOGETHER, IF WE (26) COULD. (27) I WANT YQU TO LOOK FOR 1242, ALL RIGHT? (28) A ALL RIGHT, (24) RECALL (25) AT THE PLANT YOU COULD SEE THIS (26) WATERWAY. . Page 2038 (1) Q AND - TELL ME WHAT YOUR UNDERSTANDING IS (2) AS TO WHAT IS BEING MEASURED HERE. Transwestern v. Monsanto Page 2033 to Page 2038 WATER PCB-SD0000075867 BSA Trial Transcript [December 7,19931 XMAX(42) (3) IS THIS PCB'S IN, WHAT? (4) A THEY ARE MEASURING THE AMOUNT OF PCB (5) FOUND IN THE SAMPLE AS DESCRIBED IN THE 4TH COLUMN. (6) Q ALL RIGHT. THE MATRIX COLUMN? (7) A THE MATRIX COLUMN. (8) Q OKAY. AND THEN THE COLUMN TO THE LEFT OF (9) Q SO THAT WAS PART OF AN EXPERIMENT, A (10) LABORATORY TEST? (11) AYES. (12) Q AND THEN THE RESULTS OF THE PCB'S IN THE (13) GOLDFISH WAS MADE; IS THAT RIGHT? (14) A CORRECT. (15) Q AND THEN THE FIRST 1254 SAMPLE THAT WE (9) THAT WOULD BE THE TECHNIQUE USED TO MAKE THE (10) MEASUREMENT? (16) LOOKED AT, THAT WAS, WE INDICATED, CHICKEN AND EGGS, (17) RIGHT? (11) A THE TECHNIQUE, PRIMARILY RELATING TO (12) POINTING OUT TWO KINDS OF INSTRUMENTS THAT (18) DO YOU KNOW, WAS THAT A LABORATORY STUDY? (19) A IT'S MY UNDERSTANDING IT WAS, YES. WERE , (13) AVAILABLE TO THAT LABORATORY TO DO THIS WORK. (20) Q HOW ABOUT THE 1260 AND 1254 ON THE BOTTOM (21) OF THE FIRST PAGE THERE, WAS THAT - (14) Q ALL RIGHT. AND THEN MOVING LEFT FURTHER, (15) WE HAVE THE AMOUNT OF PCB FOUND, CORRECT? (16) A WHERE IT IS STATED. (22) A THE 1260 WAS REALLY A DESIGNATION BY THE (23) INVESTIGATOR, DR. KOEMAN, OF WHAT HE THOUGHT THE PCB (17) THEN THERE ARE - SHOWN WHICH INDICATE (18) THAT THE QUANTIFICATION WAS EITHER NOT PERFORMED OR (24) FOUND IN THE RIVER RHINE LOOKED LIKE. (25) Q ALL RIGHT. AND HE FOUND THE 1260, THAT (26) WAS HIS I.D. (19) QUESTIONABLE. (20) Q ALL RIGHT. AND THE TYPE, THEN, WOULD BE (21) TO THE LEFT OF THAT? (22) A CORRECT. (23) Q SO TYPE, IF KNOWN, WOULD BE INDICATED (27) A THAT IS WHAT HIS INTERPRETATION WAS. (28) THE LAST ENTRY THERE, AROCLOR 1254, IS * 1 11 Page 2041 (1) DR. RISEBROUGH'S OPINION REGARDING WHAT HE FOUND IN (24) HERE. (25) FOR EXAMPLE, THE FIRST ONE WHERE IT IS (26) INDICATED WOULD BE 1254? (2) THE SEA BIRD AND SEA BIRD EGGS. (3) Q SO THOSE WERE BOTH THE HEAVIER (4) CHLORINATED PCB'S? (27) AYES. (5) A THEY ARE. (28) Q DO YOU SEE THAT? Page 2039 (1) AND THEN A 1242? (6) Q ALL RIGHT. NOW, TURNING THE PAGE, IF YOU (7) WOULD. (8) AYES. (2) AYES. (3) Q BELOW THAT. (4) OKAY. NOW, LETS GET THE REST OF THE (9) Q ALL RIGHT. THE FIRST THREE THERE (10) INVOLVED 1242? (11) A THEY DO. (5) COLUMNS STRAIGHT. (12) Q NOW, WHERE WERE THESE TAKEN? (6) THE GEOGRAPHIC LOCATION, THAT WOULD BE (7) WHERE THE SAMPLE WAS TAKEN UP HERE? (8) AYES. (13) A THESE WERE TAKEN FROM A NATURAL DRAINAGE (14) DITCH, I CALLED IT, REFERRED TO AS SNOW CREEK THAT (9) Q ALL RIGHT. AND WHO DID THE TAKING OF THE (10) SAMPLE OR THE ANALYSIS, I SHOULD SAY? (15) RUNS RIGHT BY THE FENCE LINE OF THE MONSANTO (16) ANNISTON, ALABAMA PLANT. (11) A WHO DID THE ANALYTICAL WORK IS THE WHO (12) COLUMN. (13) Q AND WHERE THE ANALYSIS WAS PERFORMED IS (14) THE NEXT COLUMN? (15) A CORRECT. (16) Q AND THEN WE HAVE DATE HERE WHICH I (17) DATE COLUMN, RIGHT? (18) A THAT IS THE DATE AT WHICH THE RESULTS OF (17) Q SO THESE THREE, THESE WERE SAMPLED BY (18) DR. TUCKER? (19) A THEY WERE SAMPLED BY PLANT PERSONNEL AND (20) SHIPPED TO DR. TUCKER'S LABORATORY. (21) Q I WILL GET IT RIGHT. (22) BUT THESE WERE - ANNISTON IS WHERE THE (23) MONSANTO FACILITY WAS AND THE SAMPLES WERE TAKEN IN (19) THAT STUDY WERE REPORTED. (20) Q OKAY. NOW, WITH RESPECT TO (24) THE IMMEDIATE VICINITY OF THE MONSANTO FACILITY? (21) IDENTIFICATION ON 1254 THERE, WE HAVE 89 PARTS PER (22) MILLION? (23) AYES. (24) Q FOUND IN CHICKEN AND IN EGGS IN BRITAIN; (25) A JUST ALMOST OUTSIDE THE PLANT FENCE. (26) Q THE NEXT TWO 1242'S, THOSE SAMPLES WERE (27) ALSO EXAMINED BY DR. TUCKER AND TAKEN FROM WGK, WHICH (28) IS WHAT? (25) IS THAT RIGHT? (26) A THAT IS RIGHT. (27) Q ALL RIGHT. AND THEN THE FIRST 1242 (28) THERE, DO YOU SEE THAT?; Page 2040 (1) AI DO. (2) Q ALL RIGHT. THAT IS IN GOLDFISH? (3) AYES. (4) Q NOW IS THAT TEST, TO YOUR UNDERSTANDING, (5) ONE THAT WAS A GOLDFISH IN A LABORATORY STUDY OR A (6) SAMPLE TAKEN OUT OF NATURE OR THE ENVIRONMENT? (7) A THIS WAS A SITUATION WHERE GOLDFISH IN A (8) LABORATORY AQUARIUM WERE EXPOSED TO AROCLOR 1242. Page 2038 to Page 2041 Transwestern v. Monsanto WATER PCB-SD0000075868 BSA Trial Transcript [December 7,1993] XMAX(43) Page 2042 (1) A THAT IS THE W. G. KRUMMRICH PLANT AT (2) SAUGET, ILLINOIS. ' (3) Q OKAY. AND NEXT, 1242 AND THE NEXT ONE (4) AFTER THAT, THOSE WERE ALSO IN THE VICINITY OF THE (5) KRUMMRICH PLANT? (6) A YES, DOWN TO THE WORK DONE BY MR. PRESS. Page 2044 (1) IN THE HIGHER CHLORINATED PCB'S IN PARTICULAR 1254, (2) CORRECT? (3) A EXCEPT FOR THE FIRST TWO, YES. (4) Q THE FIRST BEING WHAT BIO-TEST WAS DOING (5) AS A LABORATORY, RIGHT? (6) A WELL, ALL SIX ARE LABORATORY STUDIES. (7) THAT IS SEPARATE. (B) Q OKAY. NOW, SO THOSE ARE ALL, AGAIN, (9) KRUMMRICH, THOSE FIVE OR FOUR, I'M SORRY, ARE ALLTHE (10) KRUMMRICH FACILITY SO WE HAVE THE ANNISTON AND (7) THE FIRST TWO INVOLVE AROCLOR 1242. (8) THE NEXT TWO ARE 54. (9) AND THE FINAL TWO ARE 60. (10) Q OKAY. NOW, THE NEXT PAGE, AGAIN, THESE (11) ARE ALL TESTS PERFORMED BY DR. TUCKER? (12) AYES. (11) KRUMMRICH SO FAR? (13) Q AND WE ARE DEALING WITH 12 - HE IS, (12) A CORRECT. (13) Q AND THEN WHAT IS YOUR UNDERSTANDING OF (14) WHAT L. PRESS AT HARTFORD WAS EXAMINING? (15) A MR. PRESS WAS INVOLVED IN SAMPLING AIR IN (14) AGAIN, FINDING 1242 IN WATER AND SEDIMENT IN THE (15) VICINITY OF ANNISTON? (16) AYES. (16) THE WORKPLACE TO DETERMINE THE AMOUNT OF PCB'S IN (17) AROCLOR 1242, IN THIS CASE, THAT WERE PRESENT (17) Q AND YOU WILL SEE LOWER THERE, THERE IS A (IB) REFERENCE THERE TO PENSACOLA AND ESCAMBIA. IN THE (19) IS THAT ALSO A MONSANTO FACILITY? (IB) WORKPLACE TO SEE IF THERE WAS COMPLIANCE (20) AYES. WITH THE (21) I'M LOOKING FOR - (19) RECOMMENDED EXPOSURE LIMIT, WHICH, (22) Q I'M SORRY. INCIDENTLY, IS, AS (23) ITS DOWN NEAR THE BOTTOM THERE? (20) I RECALL, ONE MILLIGRAM PER CUBIC METER WHICH (24) A YES, I SEE IT. IS 100 (21) MICROGRAMS. ' (22) Q SO THE 26.5 TO 56.5 MICROGRAMS WOULD BE (25) 1242, REFERENCE TO PENSACOLA. (26) THAT IS A MONSANTO PLANT LOCATION. (27) Q AND YOUR UNDERSTANDING IS THAT THOSE (23) WITHIN THIS STANDARD? (24) A WITHIN THAT STANDARD. (28) SAMPLES WERE TAKEN IN IS IMMEDIATE VICINITY OF THAT ___________________ (25) THAT STANDARD IS THE ONE THAT IS OSHA (26) ADOPTED, CURRENTLY. (27) Q SO THAT IS STILL THE CURRENT STANDARD FOR (1) PLANT? (2) AYES. Page 2045 (28) AIRBORNE? 1 11 (3) Q AND THEN IN THE BOTTOM THERE THERE ARE Page 2043 (1) AYES. (2) Q AND THEN GOING LOWER TO 1254, THAT IS A (3) SAMPLE FOUND IN HUMAN FAT? (4) AYES. (5) Q AND THE FINDING WAS FOR, AGAIN, THE (6) HIGHER CHLORINATED? (4) THREE SAMPLES FROM NEWPORT, UK OR FOUR WHICH WE JUST (5) DISCUSSED A SHORT TIME AGO? (6) A CORRECT. (7) Q AND ALL OF THESE WERE PERFORMED AS PART (8) OF MONSANTO'S EFFORT TO FIND OUT WHAT WAS IN THE (7) AYES. (B) Q ALL RIGHT. LETS GO TO PAGE 3. (9) ALL RIGHT. NOW, YOU SEE THE FIRST SIX (9) VICINITY OF ITS PLANTS; IS THAT RIGHT? (10) A CORRECT. (11) Q TO MEASURE SEDIMENT AND WATER IN THE (10) ARE ALL BIO-TEST? (12) IMMEDIATE VICINITY OF ITS PLANTS, PENSACOLA, (11) AYES. (12) Q AND WAS BIO-TEST INVOLVED AT ALL IN (13) MONSANTO'S RESEARCH EFFORT? (14) A BIO-TEST REFERS TO THE INDUSTRY BIO-TEST (13) KRUMMRICH, ANNISTON? (14) A CORRECT. . (15) Q AND THE SAME WOULD BE TRUE ON THE NEXT (16) PAGE, THE LAST PAGE? (15) LABORATORIES WHICH IS A TOXICOLOGY (17) A FOR THE KRUMMRICH PLANT? LABORATORY WHICH (16) WAS CONDUCTING STUDIES ON PCB'S ON SEVERAL (18) Q RIGHT. DOWN TO THE MARYLAND COOP? (19) AYES. SPECIES OF (17) WILDLIFE AND TEST ANIMALS. (ia) Q SO THIS WAS PART OF MONSANTO'S TOX STUDY (20) Q AND MARYLAND COOP WERE SAMPLES THAT THE (21) DOCTOR OBTAINED AND EXAMINED ALSO? (22) AYES. (19) PROGRAM? (23) Q AND WHAT DOES A FINDING OF LESS THAN ONE (20) AYES. (21) Q AND THEY HAD CONTACTED WITH BIQ-TEST AS (22) AN OUTSIDE LAB; IS THAT CORRECT? (24) PART PER BILLION MEAN? (25) A THAT TELLS THE READER THAT - THAT IS THE (26) LIMITS OF THE INSTRUMENT. (23) A THAT IS CORRECT. (24) Q AND THESE ARE THE RESULTS OF THOSE TESTS? (25) A OF SOME OF THE TEST WORK, YES. (27) IF THERE IS ANY THERE, ITS (2B) NON-DETECTABLE. ________ (26) Q SOME OF THEM? (27) A THIS IS ORIENTED TO THE FISH STUDY. (28) Q AND BELOW THE BIO-TEST ARE ALL FINDINGS Transwestern v. Monsanto Page 2042 to Page 2045 WATER PCB-SD0000075869 BSA Trial Transcript [December 7, 1993] XMAX(44) Page 2046 Page 2048 (1) IF THERE IS ANY THERE, IT CAN'T SEE IT. (2) Q OKAY. SO AS OF WHAT DR. TUCKER WAS ABLE (3) TO FIND AS OF THAT TIME, WERE THERE ANY, TO YOUR (4) KNOWLEDGE, ANY FINDINGS OF 1242, OTHER THAN IN (1) AYES. (2) Q ALL RIGHT. AND SO PERIODICALLY HE WOULD (3) SEND YOU ONE AND TELL YOU WHERE HE WAS ON THE (4) BIODEGRADATION STUDY? (5) A THAT IS THE PURPOSE YES. (5) LABORATORY STUDIES OR IN THE IMMEDIATE VICINITY OF (6) PLANTS THAT WERE FOUND OUT IN THE GREATER (6) Q AND WHAT WAS THE FINDING WITH RESPECT TO (7) THE STUDY DISCUSSED IN THE FIRST PARAGRAPH THAT YOU ENVIRONMENT (8) WERE QUESTIONED ON YESTERDAY? (7) AND REPORTED? (9) I WILL HIGHLIGHT IT. (8) A THAT IS CORRECT. (9) Q THERE WERE NONE; IS THAT CORRECT? (10) A HIS STUDY ON RIVER WATER - I WILL JUST (11) READ IT THE WAY IT'S WRITTEN. (10) A THAT IS CORRECT. (11) Q THE FINDINGS WERE ALL OF THE HIGHER (12) Q THAT WILL BE FINE. (13) A "AROCLOR 1242,1248 AND 1254 REMAIN (12) CHLORINATED? (14) UNAFFECTED AFTER AN EXPOSURE PERIOD OF FIVE (13) AYES. WEEKS." (14) Q COULD YOU TAKE A LOOK AT 121, PLEASE. (is) While you are looking for that, just (16) TO - THE REPORT HERE, OF DR. TUCKER WAS AT (15) Q AND WHAT IS YOUR UNDERSTANDING OF WHAT (16) DR. TUCKER WAS DOING WITH RESPECT TO THIS PARTICULAR THE END (17) ANALYSIS OR EXAMPLE? (17) OF 1969; IS THAT CORRECT? (18) A HE WAS INTRODUCING THESE PCB'S MENTIONED (18) A THAT IS CORRECT. (19) THAT IS THE SUMMARY OF EVERYTHING KNOWN (19) INTO SAMPLES OF NATURAL RIVER WATER THAT HE HAD (20) IN THE WAY OF ANALYTICAL RESULTS. (21) Q AS OF THAT TIME THAT - OF DR. TUCKER? (20) COLLECTED FROM A RIVER NEAR THE ST. LOUIS PLANT THAT (22) A FROM'66 TO'69. (21) WAS NOT IN AN INDUSTRIAL AREA. (23) Q THAT DR. TUCKER WAS ABLE TO ASSEMBLE? (22) AND HE WAS HOPING THAT WHEN HE PUT THE (24) A CORRECT. (25) WHAT WAS THE NUMBER? (23) PCB'S IN THIS RIVER WATER THAT HE MIGHT NOTE SOME (26) Q TRANSWESTERN EXHIBIT 121, PLEASE. (24) CHANGE. (27) AI HAVE IT. (28) Q ALL RIGHT. AND YOU WERE QUESTIONED ON Page 2047 (25) AFTER FIVE WEEKS HE DIDN'T SEE ANY. (26) Q AND THEN IT GOES ON IN THE NEXT SENTENCE (27) TO SAY WHAT? (1) THIS YESTERDAY. ,, (28) A 'THE SAMPLES FROM THE LAST EXPOSURE 1 11 (2) DO YOU RECALL THAT? Page 2049 (3) AI DO. (4) Q AND THIS WAS WHAT TYPE OF STUDY THAT (1) PERIOD, HE HAD DONE THE TEST BEFORE, EIGHT WEEKS, ARE (5) DR. TUCKER AND HIS GROUP WERE PERFORMING (2) PRESENTLY IN THE PROCESS OF BEING ANALYZED." AT THE TIME? (3) Q SO AS FAR AS THIS MEMO GOES ON THIS (6) A THIS IS A STATUS REPORT THAT COVERS, FROM (7) WHAT I - REFRESHING MY MEMORY HERE, (4) STATUS REPORT, AFTER FIVE WEEKS IN THE RIVER WATER, DETERMINED ARE (5) HE HADN'T SEEN ANY CHANGE? (8) THREE DIFFERENT KINDS OF STUDIES. (9) Q OKAY. (6) A SO FAR, YES. (7) Q SO FAR. (10) ATO DETERMINE THE FATE OF PCB'S IN (11) ANALYSIS TERMS. (8) NOW, LETS SAY IN THE TIME FRAME OF (9) JANUARY, 1970. (12) Q OKAY. SO THAT WOULD BE THE (13) BIODEGRADATION? (14) AYES. (10) IF YOU WOULD TAKE A LOOK AT 122, WHICH I (11) THINK IS THE NEXT IN ORDER ON YOUR BOOK THERE. (15) Q ALL RIGHT. AND LETS JUST FOCUS ON THAT (12) THAT IS A MEMO FROM MR. WHEELER TO (16) FOR A MINUTE. (13) MR. CAMERON. (17) AND HOW LONG HAD THE BIODEGRADATION WORK (14) YOU RECEIVED A COPY. (18) BEEN GOING ON AS OF JANUARY, 1970, WHICH (15) YOU WERE EXAMINED ON THIS YESTERDAY. WAS ALMOST, (19) YOU KNOW, THE FIRST MONTH ON THE JOB FOR (16) THIS INVOLVES TOXICOLOGIC STUDIES; IS (17) THAT CORRECT? YOU? (18) AYES. (20) A OH, STARTING IN ABOUT '69 OR SO. (19) Q AND WITH RESPECT TO THESE STUDIES, WOULD (21) LETS SAY EIGHT MONTHS OR SO. (22) Q ALL RIGHT. AND THE TITLE OF THIS IS (20) YOU TAKE A LOOK AT THE SECOND PARAGRAPH. (21) WOULD YOU READ THAT FOR US, PLEASE. (23) "AROCLOR WILDLIFE MONTHLY SUMMARY." (24) WAS DR. TUCKER PREPARING STATUS REPORTS (22) A IT'S A LITTLE BIT ILLEGIBLE, BUT I WILL (23) TRY. (25) ON A MONTHLY BASIS? (24) Q I WILL HELP YOU IF I CAN. (26) A HE WAS TO HIS SUPERVISOR DR. KELLER. (27) Q AND COPIES WERE SENT TO MR. WHEELER AND (28) DR. RICHARD, YOURSELF, AND A MR. FERRAR? (25) A WE HAVE GIVEN COPIES OF THIS DATA TO ONE (26) U.S. CUSTOMER, THE USFDA, AND ONE OR TWO OTHER STATE (27) AGENCIES. (28) Q ALL RIGHT. GO AHEAD. Page 2046 to Page 2049 Transwestern v. Monsanto WATER PCB-SD0000075870 BSA_______________________________________________ Trial Transcript [December 7,1993] XMAX(45) Page 2050 (1) A "I DONT SEE WHY THIS INFORMATION CANNOT (2) BE RELEASED WITH DISCRETION IN BRITAIN OR EUROPE." (3) Q SO WAS IT YOUR UNDERSTANDING IN JANUARY (4) WHEN YOU FIRST STARTED ON YOUR JOB THAT RESULTS OF (5) THESE STUDIES WERE BEING SHARED WITH CUSTOMERS, THE (6) U.S. GOVERNMENT IN THE FORM OF THE FDA, AND WHAT IS (7) THE FDA BY THE WAY? (8) A THE FOOD AND DRUG ADMINISTRATION. (9) Q AND STATE AGENCIES? (10) A STATE AGENCIES USUALLY REPRESENT EITHER (11) PUBLIC HEALTH DEPARTMENTS LIKE THE DAIRY PEOPLE OR (12) WATER POLLUTION CONTROL AGENCIES. (13) Q AND IF YOU TURN THE PAGE THERE, SIR, IS (14) THIS A STATUS REPORT, THEN? (15) A IT IS. (16) Q NOW, WAS THE ACTUAL STATUS REPORT GIVEN (17) TO THE FDA, THE STATE AGENCIES AND THIS CUSTOMER? (18) A YES, A COPY OF THIS DOCUMENT, UH-HUH. (19) Q AND WERE STATUS REPORTS ON THE TOX (20) STUDIES PREPARED FROM TIME TO TIME? (21) A YES, THEY WERE. ' (22) Q AND WITH WHAT FREQUENCY AS YOU RECALL? (23) A AS I RECALL WE TRIED TO HAVE SIX-MONTH (24) STATUS REPORTS, UPDATE THE COPIES ON HAND WITH A NEW (25) REPORT EVERY SIX MONTHS. (26) ONCE IN A WHILE WE MIGHT MISS THE (27) SIX-MONTH PERIOD AND GO OVER TO THE SEVENTH OR EIGHTH (28) MONTH. WE TRIED TO KEEP IT CLOSE TO SIX MONTHS. Page 2051 (1) Q WERE THESE REPORTS SHARED (2) AYES. (3) Q - WITH PEOPLE OUTSIDE THE MONSANTO (4) ORGANIZATION? (5) AYES. (6) Q WE HAVE BEEN FOCUSING IN SINCE THE LATE (7) '66, '67, '68 AND '69 ON SORT OF THE SCIENTIFIC (8) SIDE. (9) WHO WITHIN THE MANAGEMENT GROUP AT (10) MONSANTO WERE DEALING WITH THE VARIOUS ASPECTS OF THE (11) PCB ENVIRONMENTAL ISSUE THAT WE HAVE BEEN DISCUSSING (12) ASIDE FROM THE SCIENTIFIC TO MANAGEMENT TEAM, MANY (13) YEARS BEFORE YOU STARTED IN JANUARY OF 70? (14) A OF COURSE THERE WAS MR. BERGEN AND (15) MR. SPRINGGATE. (16) THEY WERE THE KEY PEOPLE. (17) Q ALL RIGHT. WAS A PARTICULAR GROUP (18) APPOINTED TO FOCUS THEIR ATTENTION ON THE PCB (19) ENVIRONMENTAL ISSUE IN THE LATE 60'S? (20) AYES. (21) IN AN ATTEMPT TO UNDERSTAND THIS PCB (22) ISSUE, THERE WAS AN INFORMAL GATHERING OF PEOPLE FROM (23) THE TWO BUSINESS GROUPS AND THE MEDICAL DEPARTMENT OF (24) MONSANTO AND ENGINEERING DEPARTMENT, MANUFACTURING (25) AND THE LIKE. (26) THEY WERE MEETING INFORMALLY. (27) THEY HAD NO TITLE FOR ANY APPOINTED (28) CHAIRMAN. Page 2052 (1) MR. WHEELER AND DR. RICHARD SORT OF (2) ASSUMED SOME OF THE LEADERSHIP. (3) MR. BERGEN AND MR. SPRINGGATE SELECTED, (4) AS I RECALL, FIVE INDIVIDUALS FROM THAT GROUP TO FORM (5) WHAT WAS LATER TERMED AS THE AD HOC COMMITTEE ON (6) PCB'S AND ASKED THESE FIVE PEOPLE TO PUT TOGETHER ALL (7) THE INFORMATION THEY COULD IN A FORM THAT THEY, AS (8) MANAGERS, COULD UNDERSTAND AND USE. (9) AND THE INTENT WAS TO (10) MR.TALLON: OBJECTION AS TO THE INTENT. (11) THE COURT: SUSTAINED. (12) Q BY MR. PREUSS: WHAT WAS YOUR (13) UNDERSTANDING OF THE INTENT? (14) A TO USE THIS WORK DOCUMENT FROM THIS AD (15) HOC COMMITTEE AS A BASIS FOR PREPARING A PRESENTATION (16) TO THE CORPORATE MANAGEMENT COMMITTEE LATER ON THAT (17) YEAR, 1969. (18) Q ALL RIGHT. REFRESH US, AGAIN, WHO (19) MR. SPRINGGATE AND MR. BERGEN ARE AND THE TWO GROUPS (20) THAT YOU MADE REFERENCE TO. (21) A THE TWO BUSINESS GROUPS INVOLVED WERE (22) KNOWN IN MONSANTO AS THE FUNCTIONAL FLUIDS GROUP AND (23) THE PLASTICIZERS GROUP. (24) MR. HOWARD BERGEN WAS THE DIRECTOR OF THE (25) FUNCTIONAL FLUIDS GROUP. (26) MR. JAMES SPRINGGATE WAS THE DIRECTOR OF (27) THE PLASTICIZER GROUP. (28) Q AND THOSE WERE THE TWO GROUPS THAT WERE1 11 Page 2053 (1) INVOLVED WITH MONSANTO'S PCB PRODUCTS? (2) A CORRECT. (3) Q ALL RIGHT. WOULD YOU TURN TO EXHIBIT 92, (4) PLEASE. (5) AI HAVE IT. (6) Q ALL RIGHT. AND THIS IS A MONSANTO MEMO. (7) CAN YOU INDICATE FOR US WHAT IT SHOWS IN (8) TERMS OF THE TASK FORCE THAT YOU REFERENCED? (9) A IT SHOWS THE LISTING OF THE MEMBERS OF (10) THAT TASK FORCE BEING INFORMED BY MR. JOHN, THE (11) AUTHOR OF THIS MEMORANDUM, THAT THEY ARE MEMBERS OF (12) A - AT THAT TIME WAS CALLED A TASK FORCE. (13) Q OKAY. AND THAT LATER BECAME KNOWN AS THE (14) AD HOC COMMITTEE? (15) AYES. (16) Q AND THE INDIVIDUALS WHO WERE MEMBERS, WHO (17) WERE THEY? (18) A DR. FERRAR, PAUL HODGES, DR. RICHARDS AND (19) ELMER WHEELER. (20) Q AND THE DATE OF THIS? (21) A AUGUST 25, 1969. (22) THE COURT: MR. PREUSS, WE HAVE REACHED THE (23) HOUR OF ADJOURNMENT. (24) LADIES AND GENTLEMEN, LET ME REMIND YOU (25) NOT TO FORM ANY IMPRESSION OR SAY ANYTHING TO ANY (26) OTHER PERSON. (27) HAVE A NICE EVENING. Transwestern v. Monsanto Page 2050 to Page 2053 WATER PCB-SD0000075871 BSA Trial Transcript [December 7,1993] (28) WE WILL SEE YOU TOMORROW MORNING AT Page 2054 (1) 9:30. (2) (3) (AT 4:00 P.M., THE PROCEEDINGS WERE ADJOURNED (4) UNTIL WEDNESDAY, DECEMBER 8,1993 AT 9:30 A.M.) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) Page 24476 (1) SUPERIOR COURT OF THE STATE OF CALIFORNIA (2) FOR THE COUNTY OF LOS ANGELES (3) DEPARTMENT NO. 31 HON. G. KEITH WISOT, JUDGE (4) (5) TRANSWESTERN PIPELINE COMPANY,) A DELAWARE CORPORATION,) (6) ) , PLAINTIFF,) - (7) ) VS. ) NO. BC 026959 (8) ) MONSANTO COMPANY AND DOES 1) (9) THROUGH 200, INCLUSIVE,) ) (10) DEFENDANTS. ) ) (11) (12) (13) REPORTER'S DAILY TRANSCRIPT OF PROCEEDINGS (14) DECEMBER 7,1993 (15) VOLUME 14 (16) PAGES 1883 THROUGH 2054 (17) (18) APPEARANCES: (19) FOR PLAINTIFF: SHEARMAN & STERLING BY: JAMES P.TALLON, ESQ. (20) & JANET M. GRADY, ESQ. & JERRY MARKS, ESQ. (21) 725 SOUTH FIGUEROA STREET 21 ST FLOOR (22) LOS ANGELES, CA 90017 (23) FOR DEFENDANT: PREUSS, WALKER & SHANAGHER BY: CHARLES F. PREUSS, ESQ. (24) & DONALD F. ZIMMER, ESQ. & ALAN LAZARUS, ESQ. (25) 595 MARKET STREET 16TH FLOOR (26) SAN FRANCISCO, CA 94105 (27) DAVID A. SALYER, CSR #4410 OFFICIAL COURT REPORTER (28) 111 NORTH HILL STREET Page 2053 to Page -1 XMAX(46) Transwestern v. Monsanto WATER PCB-SD0000075872 BSA Trial Transcript [December 7,1993] Page 0 (1) INDEX FOR VOLUME 14 PAGES 1883 THROUGH 2054 (2) (3) DECEMBER 7,1993 A.M. 1883 (4) P.M. 1975 (5) . (6) PLF'S WITNESSES DIRECT CROSS REDIRECT RECROSS (7) (8) PAPAGEORGE, WILLIAM 1883 1957 (9) (UNDER 776) (CONTINUED.) (10) (11) EXHIBITS FOR IDENTIFICATION IN EVIDENCE (12) 152-MEMO 1886 (13) 171-MEMO 1900 (14) 162-BROCHURE 1896 (15) 139-MEMO 1903 (16) 143-MEMO 1906 (17) 159-MEMO 1908 (18) 146-MEMO 1909 (19) 41-DOCUMENT 1911 (20) 545-MEMO 1915 (21) 240-DOCUMENT 1916 (22) 150-MEMO 1921 (23) 151 - DOCUMENT 1922 (24) 158-MEMO 1923 (25) (EXHIBITS CONTINUED ON NEXT PAGE.) (26) (27) P6) * 1 11 PageO (1) INDEX FOR VOLUME 14 (CONTINUED.) (2) (3) EXHIBITS (CONT'D) FOR IDENTIFICATION IN EVIDENCE (4) 172-MEMO 1925 (5) 174-REPORT 1930 (6) 176-MEMO 1931 (7) 180-REPORT 1932 (8) 182-REPORT 1935 (9) 193-DOCUMENT 1938 (10) 209-MEMO 1940 (11) 14-LETTER 1982 (12) 15 - LETTER 1983 (13) 16-LETTER 1985 (14) 507-DOCUMENT 1486 (15) 241-DOCUMENT 1496 (16) 90- DOCUMENT 2019 (17) 92-MEMO2053 (IB) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) XMAX(47) Transwestern v. Monsanto Page 0 to Page 0 WATER PCB-SD0000075873 Basic Systems Applications Look-See Concordance Report Unique Words: 2,505 Total Occurrences: 9,945 Noise Words: 385 Total Words In File: 29,733 Single File Concordance Case Sensitive Phrase Word List(s): Noise Word List(s): NOISE.NOI Includes ONLY Text of: Questions Answers Colloquy Parentheticals Exhibits Dates OFF Ignores Pure Numbers Possessive Forms OFF Maximum Tracked Occurrence Threshold: 50 Number of Words Surpassing Occurrence Threshold: 15 List of Threshold Words: DR [771 FIRST [S3] LABEL [69] MEMO [53] MONSANTO [189] OKAY [119] PAGE [54] PCB [197] PLANT [62] PLEASE [60] PRODUCT [53] PRODUCTS [611 RIGHT [252] SIR [98] TURBINOL [68] $10 [i] 1914:3 $11 [1] 1917:4 -$- 10-PERCENT [i] 1899:28 1020/53 [2] 1917:4, 12 10TH [i] 2037:5 12-2-69 [i] 1911:13 12-POINT [i] 1903:10 1242-B [1] 1889:25 12:00 [i] 1974:18 12TH [i] 1983:9 144-A [2] 1884:1, 4 Trial Transcript [December 7,1993] 15TH [t] 1986:17 16TH [i] 2055:25 19-67 [i] 1911:9 1966-1970 [i] 2011:12 1:30 [3] 1974:15, 19; 1975:2 1ST [2] 1884:24; 1968:6 -2- 20-YEAR [1] 1934:4 21 ST [11 2055:21 26TH [i] 1985:15 27TH 12] 7888:23; 1889:23 -3- 31 ST [i] 1969:13 3RD [2] 1904:16, 20 -4- 4-30-70 [i] 1018:0 4:00 [i] 2054:3 4TH [i] 2038:5 -5- 5-22-70 [1] 7070:20 50-PERCENT [2] 2022:10, 11 5TH [i] 2020:73 -6- 60-DAY [3] 7002:0, 27; 1903:19 625-A [11 1936:11 7TH [i] 1957:11 -7- 8TH [i] 2034:1 -8- -9- 90-PERCENT [i] 1890:18 9:30 [2] 2054:1, 4 -A- A-200B [1] 1937:15 A-R-O-C-L-O-R [i] 7004:20 A.M. [21 2054:4; 2056:3 ABILITY [5] 7057:75; 1981:23; 1998:11; 2004:1; 2018:5 ABLE [3] 2002:8; 2046:2, 23 ABSOLUTELY [i] 1942:19 AC [i] 7032:12 ACCEPTABILITY [i] 1968:12 ACCEPTABLE [2] 7800:70; 1928:5 ACCIDENT [i] 1915:4 ACCIDENTAL [i] 7973:3 ACCIDENTALLY [i] 1901:14 ACCIDENTLY [i] 1901:9 ACCOMPLISH [i] 7073:7 1 ACCOMPLISHED [i] 1924:9 ACCOMPLISHES [i] 7072:25 ACCORDING [2] 1984:27; 1997:25 ACCURATE [i] 7935:73 ACID [3] 1966:20, 21; 1991:11 ACKNOWLEDGE [1] 1896:10 ACQUAINTING [i] 2032:13 ACRILON [i] 1991:12 ACRONYM [1] 1899:20 ACt [11 7057:73 ACTION [2] 1898:1; 1978:24 ACTIVE [3] 1925:3, 8; 7062:6 ACTIVITIES [i] 2024:4 ACTUAL [i] 2050:16 ACTUALITY [i] 1896:15 AD [3] 2052:5, 14; 2053:14 ADAPTED [i] 1906:19 ADD [2] 1909:16; 2012:10 ADDED [i] 1935:14 ADDING [ii 7007:77 ADDITION [6] 1970:14; 1976:25; 1979:5; 2006:15; 2018:4; 2026:6 ADDITIONAL [8] 1905:12; 1906:14; 1907:12; 1909:16; 1912:17; 1913:8; 1935:14; 1950:10 ADDRESS [3] 1892:18, 23; 1957:8 ADDRESSED [4] 7086:78, 19; 2007:4, 5 ADEQUATE [1] 1972:25 ADHESIVES [2] 1894:8; 2000:10 ADJOURNED [i] 2054:3 ADJOURNMENT [il Transwestern v. Monsanto Word Index Concordance by Look-See(49) 2053:23 ADMINISTRATION [2] 1949:21; 2050:8 ADMISSION [5] 1920:21, 23, 26; 1921:3, 14 ADMIT [i] 1921:3 ADMITS [i] 1921:10 ADMITTING m 7020:25 ADOPTED [5] 1886:11, 21; 1907:14; 2011:18; 2042:26 ADVANCE [i] 1999:19 ADVANTAGE [i] 1999:27 ADVICE [2] 1980:27; 1985:24 ADVISABLE [i] 1988:3 ADVISING [2] 1976:25; 2033:11 ADVISORIES [i] 2033:10 AFFECTED [4] 1002:3; 1944:2, 22, 28 AFTERNOON [3] 1975:20, 21; 2012:17 AGENCIES [6] 1947:23; 2049:27; 2050:9, 10, 12, 17 AGENCY [i] 2033:8 AGES [i] 1957:24 AGREE [7] 1914:15; 1928:3; 1929:10; 1946:16; 1951:28; 1952:19; 1982:20 AGREED [i] larn-Q AGREEMENT [2] 1906:13; 1945:21 AGRICULTURAL [3] 1966:25, 28; 1991:25 AIR [2] 1965:18; 2042:15 AIRBORNE [i] 2042:28 ALABAMA [4] 1966:11; 1992:16; 2031:18; 2041:16 ALAN [i] 2055:24 ALCOR [i] 1937:10 ALL-SERVICE [2] 1988:4, 12 ALLOW [2] 1984:2, 3 ALONE [i] 1888:21 ALTER [i] 2012:16 ALTERED [i] 1924:13 ALTERING [i] 2011:3 ALTERNATIVE [3] 1936:17; 1955:9, 11 ALTERNATIVES [i] ALTOGETHER [i] 1948:20 ALUMNI [2] 1899:23, 26 AMERICAN [4] 1898:17; 1962:2, 3; 2026:6 From $10 to AMERICAN WATER PCB-SD0000075874 Basic Systems Applications AMOUNT [7] 1984:9; 1993:21, 27; 2007:26; 2038:4, 15; 2042:16 ANALYSES [3] 2009:16; 2030:24; 2034:12 ANALYSIS [10] 2009:11; 2010:6; 2022:17; 2030:23, 27; 2034:9; 2039:10, 13; 2047:11; 2048:17 ANALYTIC [7] 2006:11; 2010:2, 8, 24; 2011:10; 2029:19; 2031:20 ANALYTICAL [14] 2007:1; 2008:15; 2010:21; 2018:5; 2019:27; 2020:22; 2022:28; 2023:27; 2025:22; 2029:15, 23; 2031:16; 2039:11; 2046:20 ANALYZE [2] 2010:13; 2024:5 ANALYZED [2] 2017:8; 2049:2 ANALYZING [2] 2019:28; 2031:17 ANCHOVIES [i] 1944:10 ANGELES [3] 1923:5; 1975:1; 2055:22 ANIMAL [4] 1978:19; 1984:27; 2011:16; 2020:6 ANIMALS [i] 2043:17 ANNISTON [26] 1917:15; 1918:10, 13, 25; 1919:4, 12, 16, 17; 1922:3, 16; 1966:11, 12; 1967:2, 8, 12; 1972:7; 1975:28; 1988:22; 1992:16; 2031:18; 2032:1; 2041:16, 22; 2042:10; 2044:15; 2045:13 ANNOUNCED [2] 1949:21; 1952:7 ANSWER [7] 1897:5, 21; 1946:13; 1981:22; 1982:5; 2017:14 ANSWERED [2] 1897:20; 1920:25 ANSWERING [i] 1994:10 ANSWERS [4] 1920:28; 2009:17; 2010:28; 2018:9 ANTI-AIRCRAFT [i] 1960:5 ANTICIPATED [i] 1988:8 ANYBODY [2] 1980:28; 2010:1 ANYMORE [i] 1913:21 ANYWHERE [i] 1895:2 APART [i] 1QQQ-A APPARATUSES [i] 1999:1 APPEAL [i] 1998:8 APPEALED [i] 1998:10 APPEAR [4] 1899:4; 1983:20; 2016:16; 2028:10 APPEARANCE [2] 1933:26; 1993:21 APPEARANCES [3] 1883:5; 1975:5; 2055:18 APPEARED [i] 1898:15 Trial TFaflSCript [D6C6mb6r 7, 1993] APPEARING [2] 2016:28; 2017:8 APPEARS [3] 1917:2; 1929:23; 1986:8 APPLICATION [7] 1884:20; 1890:17; 1893:5; 1901:8; 1980:3; 1986:1; 2000:22 APPLICATIONS [17] 1887:6, 7, 11, 13, 16; 1891:13, 15, 17, 19; 1892:13; 1938:25; 1948:23; 1978:2, 22; 1998:26; 1999:4, 7 APPLIED [3] 1909:28; 1988:6; 2000:14 APPLIES [i] 1885:16 APPLY [6] 1888:20; 1908:24; 1915:2; 1923:22; 1980:26; 1981:3 APPOINTED [5] 1966:10; 1967:14; 1968:20; 2051:18, 27 APPROACH [6] 1906:21; 1925:1; 1941:21, 27; 1952:11; 2010:2 APPROACHED [1] 1 Qno-of; APPROACHING [i] 1942:24 APPROPRIATE [4] 1883:12; 1905:6; 1924:27; 1955:19 APPROVAL [4] 1936:10; 1941:19, 22; 1970:21 APPROVE [i] 1942:5 APPROVED [6] 1936:10, 22; 1940:8; 1953:20; 1970:21, 22 APPROXIMATELY [i] 1991:27 APRIL [17] 1884:5, 27; 1886:3; 1902:15, 17, 18; 1903:22, 26; 1904:16, 20; 1906:10; 1909:13; 1915:16; 1949:17, 20, 27; 1950:21 APT [i] rooc-io AQUARIUM [i] 2040:8 ARACLORS [i] 1923:8 ARCING [i] 1999:2 AREA [14] 1915:7; 1944:10; 1958:5; 1971:28; 2012:13, 14; 2026:10; 2027:14; 2029:19, 20; 2031:18; 2035:17, 19; 2048:21 AREAS [41 2002:17; 2016:8; 2023:21; 2035:4 ARGUMENTATIVE [i] 1947:18 ARISE [2] 2028:21; 2033:3 ARISES [i] 2028:16 ARMY [i] 1960:21 AROCLOR [39] 1887:2; 1888:26, 27; 1889:2, 9; 1890:4; 1899:7; 1900:25; 1901:8; 1903:26; 1905:23, 26; 1906:11; 1915:18, 22; 1920:4; 1922:7, 20; 1923:15; 1931:2, 10, 13, 22; 1932:18; 1934:19, 28; 1938:27; 1994:20, 22; 1995:18; 1997:21; 2017:5; 2040:8, 28; 2042:17; 2044:7; 2047:23; 2048:13 AROCLOR-CONTAINING [i] 2028:28 AROCLORS [2i] 1888:24, 25; 1890:3, 26; 1905:13; 1906:16; 1909:17, 22; 1919:20; 1920:1; 1923:24; 1924:8, 23; 1927:7; 1932:4, 8; 1997:2; 2000:27; 2026:19; 2027:23; 2028:27 ARRANGE [i] 1916:5 ARRANGEMENT [i] 1955:6 ARRIVE [i] 2012:11 ARRIVED [2] 1967:10; 2025:6 ARRIVING [i] 2037:13 ARTICLE [2] 1898:15; 2014:19 ARTILLERY [i] 7060:6 ASIDE [i] 2051:12 ASKING [5] 1902:12; 1905:9; 1906:7; 1916:5; 1945:19 ASPECT [i] 1990:5 ASPECTS [i] 2051:10 ASPIRIN [i] 1991:8 ASSEMBLE [i] 2046:23 ASSIGNED [2] 1967:15; 1969:2 ASSIGNMENT [7] 1960:10, 20; 1962:16, 21, 27; 1969:6; 2033:16 ASSIGNMENTS [2] 1960:16; 1964:1 ASSIST [2] 1897:4; 2010:1 ASSOCIATED [2] 1892:5; 2013:25 ASSOCIATION [i] 2032:20 ASSUME [i] 1982:25 ASSUMED [i] 2052:2 ASSURE [i] 1990:2 ASSURED [i] 1913:27 ATE [i] 2033:12 ATTACHED [i] 2034:17 ATTACHMENT [2] 2037:10, 21 ATTEMPT [4] 1914:5; 1936:16; 2024:5; 2051:21 ATTEMPTED [i] 1904:22 ATTEND [i] 2012:19 ATTENDANT [i] 1984:15 ATTENDED [i] 1954:16 ATTENTION [s] 1943:9; 1952:1; 1988:19; 1990:25; 2003:8; 2015:3; 2033:28; 2051:18 Concordance by Look-$ee(50) ATTORNEY [i] 1958:4 ATTRACTIVE [2] 1999:10; 2002:9 ATTRIBUTABLE [i] 2028:11 AUGUST [14] 1888:7; 1894:2; 1930:9, 11, 12; 1951:16, 20; 1982:12; 1983:9, 15; 1985:15; 1987:6, 13; 2053:21 AUTHOR [4] 1932:7; 2036:28; 2037:1; 2053:11 AUTHORED [i] 2007:2 AUTHORITY [i] 1950:18 AUTHORIZED [i] 1898:13 AUTO [i] 1991:15 AUTOMATICALLY [i] 1891:23 AVAILABLE [ie] 1902:21; 1912:13; 1913:8; 1921:11; 1925:5; 1939:7; 1942:3, 4; 1955:9; 1973:26; 1979:10; 2006:1, 2; 2011:12, 14; 2038:13 AVIAN [i] 2023:12 AVOID [5] 1893:9; 1913:3; 1980:6, 7; 1999:15 AVOIDED [41 1976:22; 1978:26; 1979:3; 1985:28 AWARE [7] 1937:17, 24; 1953:22, 25; 1954:20; 1971:26; 1991:28 AWFUL [3] 1896:7; 1976:18; 2000:13 - B- B-E-R-G-E-N [i] 1971:12 BACHELOR [2] 1958:15, 17 BACHELORS [2] 1959:16, 18 BACKGROUND [2] 1959:27; 2023:20 BACTERIA [2] 1944:13; 2010:18 BALANCE [2] 1919:15, 19 BAN [12] 1948:21; 1949:5; 1950:19, 27; 1951:3, 10, 26; 1952:9, 11; 2032:9, 22; 2033:1 BANNED [2] 1948:19; 1950:14 BARREL [3] 1905:25; 1920:7; 2014:1 BARRELS [ij 2009:8 BARTLESVILLE [i] 1962:14 BASED [5] 1897:2; 2016:19; 2019:3; 2027:19; 2028:7 BASIC [i] 1909:25 BASICALLY [3] 7896:22; 1937:12; 2020:22 BASIS [5] 1884:20; 2017:25; 2019:12; 2047:25; 2052:15 AMOUNT to BASIS Word Index Transwestern v. Monsanto WATER PCB-SD0000075875 * Basic Systems Applications BATCH [2] 1917:19, 22 BATH [1] 1993:7 BATTERY [i] 1991:11 BEAKERS [i] 1952:26 BECOMES [2] 1960:12; 1993:26 BEGINS [i] 2025:13 BEHALF [2] 1885:4; 1933:22 BEHAVE [11 1961:7 BELIEVE [9] 1893:7; 1897:13; 1950:12; 1970:12; 1971:17; 2018:18; 2026:17; 2032:27; 2033:2 BELIEVES [i] 1898:9 BELONGED [i] 1968:24 BELONGS [i] 1910:15 BENEFIT [i] 1947:12 BERGEN [7] 1908:7; 1971:11, 18; 2051:14; 2052:3, 19, 24 BERKELEY [2] 2008:25; 2013:12 BIGGEST [i] 2001:16 BILL [41 1926:28; 1950:27; 1989:14; 2019:19 BILLION [ii] 1953:3, 5; 2004:18, 21, 28; 2005:1, 3; 2027:27; 2036:19, 20; 2045:24 BILLS [i] 1951:1 BINDER [2] 1911:3; 1915:13 BINDERS [2] 1916:12; 1986:6 BINDING [1] 1921:1 BIO-TEST [7] 2043:10,12, 14, 21,28; 2044:4 BIOCHEMICAL [i] 2028:21 BIODEGRADABLE [7] 1888:26; 1889:9; 1890:4, 5, 27; 1941:9, 25 BIODEGRADATION [7] 1931:14; 2010:19,20; 2029:25; 2047:13, 17;2048:4 BIOLOGIC [i] 2006:17 BIOLOGICAL [2] 2006:23; 2007:12 BIOLOGISTS [i] 2025:22 BIPHENYL [9] 1888:14; 1898:27; 1966:19; 1993:7, 9, 22; 1994:27; 2022:9, 10 BIPHENYLS [ioi 1887:10, 23; 1888:6; 1891:17; 1892:12; 1894:1; 1997:1; 2015:12; 2016:7; 2022:6 BIRD [2] 2041:2 BIRDS [6] 2013:10, 23; 2014:3, 10; 2017:8; 2023:21 BIRDSALL [io] Trial Transcript [December 7,1993] 1899:25; 1900:7, 10, 17, 28; 1901:4, 7, 11, 12, 20 BIT [7] 1898:22; 1909:12; 1969:25; 1981:19; 1990:26; 2012:17; 2049:22 BLACK [2] 1915:13; 1986:6 BLACKBOARD [1] 1904:24 BLEACH [i] 1993:19 BLEEDING [i] 1976:20 BLENDED [71 1919:2, 8; 1924:20, 21; 1932:8; 1965:23; 1966:2 BLENDING [2] 1965:22, 26 BLUE [6] 1900:12, 14, 19, 24; 1916:12; 1991:23 BOARD [3] 1946:20, 23; 1951:9 BOLL [i] 1966:26 BOOK [i] 2049:11 BOOKS [1] 1974:11 BORN [2] 1957:10, 12 BOSS [i] 1971:18 BOSSES [3] 1908:6; 1970:15; 1971:9 BOUGHT [i] 1992:12 BOWLING [ii 1958:8 BOX [i] 1914:25 BOY [21 1957:23, 28 BRADFORD [4] 1940:12, 15; 1941:12; 1942:23 BREAK [61 1893:4; 1933:12; 2012:17,20; 2013:2, 21 BREAKING [i] 1991:17 BREAKS [2] 1984:1, 2 BREATHING [5] 1976:7, 14; 1979:3, 13; 1980:7 BREEZE [ii 2008:22 BRIEF [i] 1990:28 BRIEFED [i] 1930:15 BRIEFING [i] 1955:22 BRIEFLY [3] 1962:24; 2018:2; 2036:27 BRINGS [i] 2005:6 BRITAIN [2] 2039:24; 2050:2 BROAD [i] 1971:27 BROCHURE [3] 1896:23; 1899:1, 4 BROKE [1] 1975:22 BUBBLING [ij 1993:7 BUILD [2] 2006:5; 2023:20 BUILDING [ii 1999:9 BULLETIN [14] 1896:27, 28; 1897:1, 7; 1898:25, 28; 1977:8, 13, 17, 24; 1978:10; 1979:5, 24; 1986:28 BUNDLES [i] 1914:27 BURDEN [i] 1913:5 BURNING [41 1985:20; 1998:11, 13; 2028:18 BUSINESS [24] 1884:10; 1885:4, 23; 1888:21; 1892:6; 1902:3; 1928:6, 9; 1944:4, 5; 1952:5, 8; 1953:17; 1991:12, 25; 1992:11,22; 2003:2, 4; 2020:2; 2051:23; 2052:21 BUY [8] 1916:25; 1917:1; 1940:5; 1946:2; 1953:28; 1954:18, 27; 2006:4 BUYER [2] 1899:10; 1942:20 BUYING [2] 1940:3; 1953:23 - c- C-O-R-E-Y [i] 1971:14 CA [2! 2055:22, 26 CAFFEINE [i] 1991:9 CALCULATION [i] 1918:7 CALIBRATES [i] 2005:20 CALIFORNIA [4] 1975:1; 2008:25; 2013:11; 2016:14 CALKING [i] 1894:8 CALL [s] 1896:22; 1910:2; 1911:22; 2032:17; 2034:20 CALLING [2] 1946:10; 1950:11 CALLS [i] 1917:3 CAMERON [i] 2040:73 CAMP [i] 1960:21 CANS [1] 1919:20 CAPABLE [i] 1982:5 CAPACITORS [5] 1888:1, 3,19; 1965:13; 2001:17 CAPACITY [3] 1962:19; 1969:28; 2002:6 CAPTION [2] 1934:17; 1936:28 CAPTIONED [2] 1935:27; 1938:24 CAPTURE [11 2011:26 CARBON [2] 1995:3; 2005:22 CARBONLESS [i] 1900:20 CARE [i] 1916:6 CAREFUL [i] 1912:28 ` CARRIED [s] 7000:70, 22; 1944:15; 1968:11; 2033:26 Concordance by Look-See(51) CARRY [6] 1900:19; 1928:13, 17; 1929:3, 12,25 CARRYING [2] 1900:11; 1977:6 CARTRIDGE [i] 1984:18 CASE [S] 1954:21; 1994:21; 2002:4; 2029:5; 2042:17 CASES [i] 2015:20 CASTING [3] 2000:1, 3; 2001:1 CATALOGUE [i] 1988:4 CATCH [i] 2033:13 CATEGORIES [i] 1888:13 CATEGORY [i] 1892:1 CAUGHT [i] 2033:12 CAUSED [1] 1893:10 CAUTION [i] 1980:17 CAUTIONARY [3] 1980:24; 1981:3, 6 CELLULUBE [i] 1955:12 CENTER [i] 1931:12 CENTERED [i] 2010:12 CERTIFIED [i] 1961:24 CETERA [i] 2029:1 CHAIN [i] 2017:7 CHAIRMAN [i] 2051:28 CHALLENGING [i] 2011:6 CHANGE [7] 1907:9; 1932:22; 1942:27; 1973:6; 2018:12; 2048:24; 2049:5 CHANGED [6] 1887:22; 1903:16; 1908:13; 1925:11; 1932:21; 1968:4 CHANGES [5] 1902:13, 16; 1903:3; 1906:2; 1913:5 CHANGING [21 1991:2; 2011:3 CHAPPED [i] 1976:18 CHARACTERISTIC [i] 1952:16 CHARGE [4] 1895:10; 1960:20; 1976:26; 2030:16 CHARLES [i] 2055:23 CHART [2] 2005:14;2035:17 CHEMICAL [23] 1926:28; 1958:21; 1959:1, 9. 28; 1960:2, 15, 19, 25; 1961:3; 1962:2, 3,17; 1966:25; 1969:7; 1972:14; 1983:17; 1987:14; 1992:13; 2003:24; 2005:16; 2017:7 CHEMICALLY [i] 1892:9 CHEMICALS [17] 1961:7; 1972:13; 1974:1; Transwestern v. Monsanto Word Index From BATCH to CHEMICALS WATER PCB-SD0000075876 Basic Systems Applications 1980:22; 1991:6, 11, 24; 1992:24, 27; 1993:6, 10; 1998:18; 2016:13, 15, 17; 2019:28; 2028:22 CHEMIST pi 1962:25; 2005:20; 2020:23 CHEMISTRY [i] 2007:1 CHEMISTS [2] 2005:10; 2017:4 CHEST [i] 1976:14 CHICKEN [3] 1944:20; 2039:24; 2040:16 CHICKENS [i] 1944:22 CHILDREN [i] 1957:20 CHLORINATED [39] 1887:10, 23; 1888:6; 1891:17; 1892:12; 1894:1; 1899:3; 1927:8, 9, 12, 17, 19, 22; 1930:26; 1941:9; 1980:6, 17, 23, 26, 28; 1981:4; 1992:28; 1994t27; 1995:25, 28; 1996:1, 8, 10; 2004:9, 11, 13; 2017:6, 10; 2022:6, 8; 2041:4; 2043:6; 2044:1; 2046:12 CHLORINATING [i] 1992:24 CHLORINE [22] 1941:28; 1966:23; 1993:7, 8, 11, 12. 22, 23, 24, 27; 1995:2, 5; 1997:1,11; 2004:8; 2005:22, 23, 24; 2021:25, 26; 2022:11 CHLORINE-CONTAINING m 2028:22 CHLORINES [41 1995:15, 19; 1996:7; 1997:27 CHROMATOGRAM [i] 2005:10 CHRONICLE [i] 2014:19 CIRCLED [i] 2035:4 CIRCLES [2] 2035:5, 9 CITATION [i] 1897:25 CITED [i] 1950:22 CITY [4] 2034:6;2035:12, 13,18 CLAIM [i] 2006:13 CURA [i] 1923:6 CURIFY [i] 1928:23 CUSSIFIED [i] 1984:28 CLEAN-UP [i] 1984:17 CLEAR [i] 1993:25 CLING [i] 1952:20 CLINGING [i] 1952:25 CLOCK [i] 1999:26 CLOSED [3] 1939:1, 2; 2025:18 CLOSES [i] 1928:12 CLOTHES [4] 1973:2, 7, 10, 21 CLOTHING [3] 1973:3, 17; 1980:12 CM [1] Trial Transcript [December 7,1993] 1988:4 CMC [is] 1884:11, 16; 1886:8, 10, 21; 1889:23; 1892:11; 1901:26, 27; 1903:3, 6, 9, 16; 1938:3, 15, 22; 1939:19; 1970:22 COACHING [1] 1974:10 COAL [1] 1928:2 COAST [5] 1943:24; 1944:2, 6, 8, 25 COATING [2] 1900:23; 1901:2 CODE [2] 1883:17; 1975:15 COHO [1] 1943:20 COLD [1] 1976:14 COLLECTED [61 1896:5; 1956:2, 4, 10; 2018:6; 2048:20 COLLECTING [i] 2011:25 COLLEGE [2] 1958:9; 1959:12 COLOR [i] 1993:26 COLORLESS [i] 1993:26 COLUMBIA [i] 2008:23 COLUMN [is] 1932:17; 1995:14; 1997:1, 4, 6, 12, 19, 22; 2038:5, 6, 7, 8; 2039:12, 14, 17 COLUMNS [i] 2039'5 COMBINATION [2] 1973:10; 1993:9 COMBINE [il 1961:12 COMING [2] 1971:3; 2025:8 COMMENCE [i] 1967:22 COMMENCED [2] 2017:28; 2024:25 COMMENCING m 1949:21 COMMENT [i] 1904:18 COMMENTED [i] 2025:18 COMMENTS [4] 1905:10,28; 1906:7; 2025:28 COMMERCIAL [4] 1998:8; 2008:22; 2022:17; 2029:17 COMMERCIALLY [3] 2006:1, 2; 2016:10 COMMITTEE [in] 1883:25; 1884:5, 10, 22; 1886:18; 1937:18, 25; 2052:5, 15, 16; 2053:14 COMMON [2] 1890:8; 1981:17 COMMUNICATE [2] 1890:9; 1891:21 COMMUNICATING [2] 1921:25; 1924:3 COMMUNITY [i] 2012:6 COMPANIES [5] 1936:8; 1944:1, 20, 27; 1969:21 COMPANY [28] 1916:17; 1942:8; 1944:9; 1945:6; 1947:6, 11, 16; 1954:13; 1962:12,14,23; 1963:21; 1969:7; 1971:3; 1983:18; 1987:7, 14; 1990:26, 28; 1991:1, 2, 4, 20, 21; 1992:13, 27 COMPARE [31 1984:19; 2008:18; 2009:17 COMPARED m 2009:13 COMPETITION [2] 2002:3, 8 COMPETITORS [i] 1928:3 COMPILE [i] 2037:9 COMPLETE [3] 1888:7; 1894:2; 1951:26 COMPLETELY [i] 1950:27 COMPLIANCE [i] 2042:18 COMPLICATED [i] 1981:26 COMPLICATIONS [3] 1913:5; 1984:13, 26 COMPONENTS [i] 1906:28 COMPOSITION [i] 1927:1 COMPOUNDS [4] 2007:13; 2016:15; 2025:4, 7 COMPRESSOR [4] 1893:22; 1977:27; 1983:28; 1988:13 COMPRESSORS [5] 1942:10, 13; 1965:11, 18; 1984:2 CONCEIVE [i] 2016:10 CONCEIVED [i] 2018:14 CONCENTRATE py 2011:5;2036:17 CONCENTRATED [2] 2011:15; 2019:27 CONCENTRATION [i] 2035:9 CONCEPT [i] 2032:24 CONCERN [21 1893:1; 1976:3 CONCERNING [5] 1976:1, 27; 1981:14; 2019:4; 2032:9 CONCERNS [i] 1975:27 CONCLUDED [i] 2014:8 CONCLUSION [41 1884:16; 1901:4; 1903:8; 1946:11 CONCLUSIONS [2] 1884:18; 2017:26 CONDITIONS [6] 1889:16; 1890:19; 1948:24; 1972:23; 1974:9; 2021:11 CONDUCT [i] 2010:20 CONDUCTED [3] 1925:19; 2024:4; 2030:25 CONDUCTING [5] 1949:26; 2010:16; 2029:25, 27; 2043:16 CONFIDENCE [i] 2024:14 CONFIRM [3] 2005:27; 2017:25; 2018:16 CONFIRMS [2] 1926:24, 27 CONGRESS [4] 1950:10, 27; 1951:14, 16 Concordance by Look-See(52) CONGRESSMAN [6] 1949:16, 27; 1950:3, 10, 26; 1951:1 CONNECTICUT [i] 1948:7 CONNECTION [3] 1972:6; 1977:18; 1978:15 CONSIDER [3] 1897:21; 1920:28; 1969:17 CONSIDERABLE [3] 1984:12; 2020:23; 2029:14 CONSIDERATION [i] 2029:10 CONSIDERED [12] 1888:15, 26; 1890:3, 5, 18, 27; 1891:28; 1895:8; 1996:7, 9; 1998:16; 2004:12 CONSIDERING [i] 1951:26 CONSISTED [il 1904:21 CONSISTENT [3] 2015:24, 28; 2016:3 CONSISTS [2] 1987:27; 1995:9 CONSTRUCTION [i] 1960:20 CONSULTANT [2] 2027:8, 12 CONSULTATION [i] 1979:11 CONSULTED [i] 1969:21 CONSULTING [i] 1969:19 CONTACT [2i] 1900:7; 1965:7; 1978:26; 1979:9, 14; 1980:8, 9, 10, 25; 1981:25; 1984:26; 1985:27; 1988:7; 2008:28; 2018:19, 21, 26; 2019:4; 2037:15 CONTACTED [i] 2043:21 CONTACTING [2] 2026:7, 9 CONTACTS [2] 1974:4, 5 CONTAIN [9] 1910:21; 1912:19; 1916:2; 1927:4, 7, 27; 1941:28; 1955:17; 2013:10 CONTAINED [5] 1900:25; 1908:26; 1909:23; 1956:3; 1977:6 CONTAINER [2] 1999:3;2001:10 CONTAINERS [2] 1902:22; 1923:21 CONTAINING [7] 1905:13, 18, 26; 1909:17, 22; 1932:8; 1966:7 CONTAINS [3] 1927:17; 1980:6, 17 CONTAMINATION [S] 1893:10; 1898:25; 2020:24; 2028:4, 16 CONTENT [i] 2037:7 CONTINUE [8] 1883:13; 1939:25; 1946:2, 17; 1953:28; 1954:18, 27; 1955:3 CONTINUED [6] 1883:20; 1896:10; 1937:18; 1975:18; 2056:9, 25 CONTINUES [i] 2009:24 CONTINUING [1] 2018:4 CONTINUOUS [1] 1979:2 CHEMIST to CONTINUOUS Word Index 'Transwestern v. Monsanto WATER PCB-SD0000075877 Basic Systems Applications CONTRIBUTION [2] 1970:2; 2002:26 CONTROL (Hi 1889:19; 1893:8; 1895:9; 1947:11; 1951:13; 1966:26; 1967:15; 1968:2; 1970:1; 1989:2, 22; 2009:27; 2016:2; 2050:12 CONTROLLABLE [1] 1895:8 CONTROLLED [4] 1889:16; 1890:19; 1952:10; 1955:27 CONTROLLING [i] 1953:1 CONVERSATION [3] 1926:8, 16, 27 CONVERTING [i] 2011:28 CONVEY [i] 1890:20 COOKING [2] 1999:14, 17 COOL [i] 1999:1 COOP [2] 2045:18, 20 COOPERATION [i] 2023:4 COORDINATOR [i] 1923:3 COPE [i] 1889:20 COPIED [Sj 1921:22; 1925:25; 1926:20; 1927:26; 1982:21 copies m 1884:8; 1912:1; 1914:2; 1938:5; 2047:27; 2049:25; 2050:24 COPY [13] 1886:17; 1897:28; 1900:3, 20; 1903:5; 1915:15; 1921:25; 1930:8; 1931:19; 1935:19; 1985:2; 2049:14; 2050:18 COPYING [i] 1926:5 COREY (i] 1971:14 CORNELL [i ] 2008:26 CORNER [3] 1909:2; 1917:12; 1999:12 CORPORATE [io] 1883:25; 1884:5, 9, 26; 1886:18; 1937:18, 25; 1982:2; 2020:5; 2052:16 CORPS [4] 1960:7, 8, 17, 18 CORRESPONDENCE [2] 1983:1; 1986:12 CORROSION [i] 2029:2 CORVALLIS [i] 2008:24 COST [4] 1912:26, 27; 1914:2; 1917:4 COSTS [i] 1965:1 COTTER [1] . 1923:5 COTTON [i] 1966:26 COUNSEL [3] 1897:25; 1950:21; 1982:20 COUNT [i] 1964:24 COUNTRIES [5] 1992:1; 2002:17, 21, 25; 2023:5 COUNTRY [7] 1944:11; 1948:20; 1949:5; Trial Transcript [December 7,1993] 1951:25; 1960:14; 2029:19; 2030:2 COUNTY [i] 1960:13 COUPLE [2] 1931:16; 2012:7 COUPLED [i] 2005:10 COUPLINGS [i] 1893:15 COURSE [13] 1959:13; 1965:9; 1966:14; 1973:7; 1977:5; 1979:8, 12; 1999:10; 2035:28; 2037:12, 15, 17; 2051:14 COURT [22] 1883:8; 1897:17; 1915:6; 1920:22; 1933:10, 18; 1946:12; 1947:19; 1949:7, 11, 13; 1956:26; 1974:12; 1975:9; 1996:3, 16; 2012:16, 27; 2019:1; 2052:11; 2053:22; 2055:27 COVER [i] 1972:2 COVERED [S] 1892:13; 1894:13, 19, 23; 1896:1 COVERING [i] 1930:13 COVERS [2] 1971:17; 2047:6 COVICONE [i] 1986:2 CRACKS [I] 1976:19 CRASH [1] 1884:19 CREAM [i] 1988:6 CREATE [i] 2001:10 CREDITS [i] 1959:6 CREEK [i] 2041:14 CROPS [i] 2016:7 CROSS [3] 1957:1; 1975:18; 2056:6 CSR li] 2055:27 CUBIC [i] 2042:20 CULPRIT [1] 2014:11 CURRENT [i] 2042:27 CURRENTLY [2] 1921:11;2042:26 CURVE [2] 2012:13, 14 CUSTODIAN [i] 1910:3 CUSTOMER [15] 1896:11; 1897:5; 1917:24; 1923:21; 1945:6; 1946:1, 16, 27; 1947:6; 1953:16, 20; 1954:4; 2001:25; 2049:26; 2050:17 CUSTOMER-APPROVED [i] 1940:1 CUSTOMERS [26] 1897:4; 1907:21; 1925:4; 1940:3, 8; 1943:4, 6; 1945:20, 24; 1953:13, 22, 27; 1954:2; 1970:8; 1976:27; 1977:21; 1979:6, 10; 1981:14; 1983:2; 1990:16, 23; 1998:9; 2001:18; 2002:13; 2050:5 CZECHOSLOVAKIA [2] 2002:20, 25 - D- DAIRY [2] 1947:28; 2050:11 DAMAGE [i] 2028:10 DATA [3] 1984:27; 2025:22; 2049:25 DATE [16] 1888:9; 1897:11; 1898:5; 1930:21; 1951:5; 1985:14; 1986:16; 2024:20, 21; 2031:7; 2037:4, 5; 2039:16, 17, 18; 2053:20 DATED [13] 1903:26; 1906:10; 1908:2; 1909:13; 1911:9; 1915:16; 1921:19; 1931:19; 1940:13; 1982:11; 1983:15; 1986:28; 2007:1 DATES [2] 1970:24; 1971:14 DAUGHTER [3] 1957:28; 1958:4, 6 DAVID [4] 1883:6; 1975:6; 2003:17; 2055:27 DAVIS [i] 1985:19 DAY [7] 1969:13; 1973:7, 8; 1974:19; 2003:19; 2026:25; 2031:3 DAYS [5] ` 1889:24; 1902:5; 1903:4, 7, 16 DDE [i] 2013:28 DDT [5] 2003:23; 2013:27; 2014:10, 11; 2032:20 DEAL [4] 1884:12; 1913:2; 1952:1; 2022:21 DEALING [6] 1901:2; 1913:15, 17; 2029:16; 2044:13; 2051:10 DEBATING [i] 2012:7 DECADES ]5] 1990:6, 18; 2002:12; 2007:21, 26 DECEMBER [S] 1935:19; 1950:9; 1969:13; 1975:1; 2003:14; 2007:2; 2054:4; 2056:3 DECIDED [3] 1901:27; 1945:4; 2008:13 DECISION [3] 1902:17; 1928:6, 10 DECLARED [i] 1951:21 DEFATTING [2] 1978:24; 1988:8 DEFENDANT [2] 1897:23; 2055:23 DEFINE [i] 1929:15 DEFINITELY [3] 1907:26; 2025:27; 2033:27 DEFINITION [2] 1889:4; 1917:21 DEGRADABLE [4] 1888:15; 1889:12, 24; 1890:18 DEGRADATION [2] 1890:11; 2010:19 , DEGRADE [2] 1890:14; 1891:9 DEGRADING [2] Concordance by Look-See(53) 1891:7, 8 DEGREE [a] 1958:15, 18, 28; 1959:3, 7; 1962:11, 13 DEGREES m 1984:4 DEMARCATION [i] 1995:27 DEMONSTRATED [3] 1890:13; 1891:2, 5 DENIES [i] 1921:14 DENOTED [i] 2035:17 DENY [i] 2017:26 DEPARTMENT [it] 1916:17; 1929:17; 1948:4, 10, 11; 1962:17, 23; 1975:3; 1979:11; 1989:13, 15; 2014:7; 2019:26; 2020:5; 2033:9; 2051:23, 24 DEPARTMENTS [i] 2050:11 DEPENDED [i] 1943:14 DEPENDING [2] 1973:3, 19 DEPENDS [i] 1935:11 DEPOSITION [2] 1920:23; 1937:10 DEPOSITIONS [i] 1934:3 DESCRIBE [5] 1918:24; 1956:18; 1961:5; 1965:6; 1996:16 DESCRIBED [2] 1966:21; 2038:5 DESCRIBES [3] 1911:10; 1973:11; 2008:7 DESCRIPTION [i] 1969:27 DESIGN [3] 1962:22, 26; 1964:1 DESIGNATION [i] 2040:22 DESIGNED [i] 1977:26 DESK [i] 7838:9 DESTROYED [i] 2028:26 DETAILS [i] 1985:22 DETECTED [i] 2035:10 DETECTIVE [i] 1900:17 DETERGENTS [i] 1993:17 DETERMINE [5] 2004:1; 2022:22; 2023:27; 2042:16; 2047:10 DETERMINED [2] 1943:3; 2047:7 DEVELOPED [3] 1884:19; 1944:16; 1953:26 DEVELOPING [i] 2031:20 DEVELOPMENT [i] 2023:4 DEVISE [i] 2006:7 DIAGRAM [i] 1996:22 DIALOGUE [i] 2009:23 DIE [i] 2000:1 Transwestern v. Monsanto Word Index From CONTRIBUTION to DIE WATER PCB-SD0000075878 v Basic Systems Applications DIELECTRIC [1] 2001:14 DIET [1] 2027:24 DIETS [i] 2033:14 DIFFER [2] 1891:14, 18 DIFFERENCE [4] 1892:7, 10, 15, 19 DIFFERENTLY [i] 1994:11 DIFFICULT [6] 1994:10; 2008:1; 2011:25, 26; 2016:10; 2021:8 DIFFICULTIES [i] 2023:27 DIFFICULTY [3] 1902:8; 2008:4, 5 DIPHENYL [i] 1993:1 DIRECT [2] 1883:20; 2056:6 DIRECTOR [9] 1904:12; 1906:7; 1968:20; 1981:27; 1982:14, 18; 2020:1; 2052:24, 26 DIRECTORS [i] 1946:21 DISAPPEARED [i] 1889:27 DISCHARGE [i] 1950:14 DISCHARGED [2] 1953:6; 2028:23 DISCHARGES [i] 1953:2 DISCONTINUE [i] 1887:1 DISCOVERED [21 1901:9, 14 DISCRETION [i] 2050:2 DISCUSSED [ii] 1930:22; 1936:2; 1946:20; 1979:25; 2003:11; 2013:3; 2015:4; 2031:12; 2037:10; 2045:5; 2048:7 DISCUSSING [4] 1900:6; 1978:14; 2032:28; 2051:11 DISCUSSION [5] 1893:24; 1899:24; 1902:7; 1932:3; 1935:27 DISCUSSIONS [2] 1990:9,20 DISINFECTANT [2] 1994:12, 13 DISPOSED [i] 1896:5 DISSEMINATED [2] 1898:6, 10 DISTILLATION [ij 1930:23 DISTILLED [3] 1888:27; 1889:25; 1890:28 DITCH [i] 2041:14 DIVISION [6] 1884:10, 23; 1885:10, 11, 18, 21 DOCTOR [3] 1958:3; 1959:7; 2045:21 DOCTORATE [2] 1959:10,14 DOCTORS [i] 1974:6 DOCUMENT [36] 1897:28; 1898:10; 1899:9,15; 1900:2; 1902:11; 1903:11; DIELECTRIC to ERROR Trial Transcript [December 7,1993] 1908:1; 1909:3; 1911:7; 1917:27; 1918:2; 1919:10, 15, 27; 1922:10; 1923:1; 1932:7; 1945:23, 25, 28; 1946:3, 5, 6, 17; 1947:1, 5, 9, 14; 1948:27; 1997:26; 2019:8, 10, 11; 2050:18; 2052:14 DOCUMENTARY [i] 1921:12 DOCUMENTS [2] 1948:15; 1990:21 DOESN'T [17] 1888:13; 1895:24, 27; 1896:2, 7; 1899:3; 1905:16; 1909:20; 1914:16; 1918:16; 1920:9, 16; 1922:13; 1923:16; 1929:7,24; 1971:5 DOMESTIC [3] 1927:3; 2002:2; 2003:1 DOMESTICALLY [i] 2030:17 DOMINATED [i] 2012:15 DON [2] 1904:9; 1907:2 DONALD [i] 2055:24 DOUBT [il 2027:23 DOZEN [i] 1964:24 DRAFTED [i] 1921:9 DRAINAGE [i] 2041:13 DRAINED [i] 1896:4 DRAW [4] 1895:6; 1939:24; 1996:4; 1997:24 DRAWING [i] 1943:9 DRILLING [2] 1963:1 DRIVE [2] 1957:8; 1963:4 DROVE [i] 1942:9 DRUG [3] 1949:21; 1991:20; 2050:8 DRUGS [i] 2015:15 DRUM [i] 1913:2 DRUMS [i] 1915:1 DUE [2] 2016:15, 26 DULUTH [i] 2008:24 DURABILITY [i] 2000:10 DURATION [1] 1988:11 DURLAND [5] 1888:23; 1889:22; 1890:15, 16, 24 DURO [2] 1923:6 DUSTED [i] 2016:7 - E- E.E. [i] 1982:17 EARL [i] 1898:14 EARLY [3] 1902:17; 1971:19; 2033:19 EARLY-WARNING [i] 1976:9 EARNED [i] 1959:6 EARS [i] 1970:15 EASIER [7] 1913:11; 1914:11, 14, 22; 1935:9; 1979:22; 1982:9 EASILY [i] 1914:8 EAST [5] 1943:24; 1944:2, 6, 8, 25 EASTERN [16] 1898:13; 1941:22; 1942:20, 24; 1953:27; 1954:4, 9, 17, 23, 26; 1955:8; 1982:21, 25; 1986:9, 13; 2002:25 ECOLOGICAL [i] 2020:25 ECOLOGISTS [i] 2025:22 ECONOMIC [i] 2023:4 ECONOMICALLY [i] 1961:18 EDMONDSON [3] 1982:17; 1983:15; 1987:9 EDUCATION [5] 1958:9, 18; 1959:5, 12; 1962:10 EDUCATIONAL [1] 1959:27 EFFECT [3] 1946:13; 1947:7; 2015:20 EFFECTIVE [2] 1886:5; 1951:10 EFFECTS [41 1976:5, 6; 1990:22; 2025:5 EFFLUENCE [i] 2031:28 EFFORT [S] 2026:15; 2029:14; 2030:17; 2043:13; 2045:8 EFFORTS [i] 2029:19 EGG [2] 2013:24; 2014:9 ECaCiS [6] 1944:24; 2013:16, 18; 2039:24; 2040:16; 2041:2 EGGSHELL [3] 2013:16; 2014:2, 16 EIGHT [5] 1936:25; 1992:1; 2022:6; 2047:21; 2049:1 EIGHTH m 2050:27 EIGHTS [i] 1998:4 ELBOW [i] 1972:27 ELECTRIC [7] 1941:20; 1942:5, 8; 1992:25, 27; 1993:2; 2001:23 ELECTRICAL [8] 1906:15; 1948:23; 1998:28; 1999:1, 5, 8; 2001:22; 2002:13 ELEMENT [i] 2075:24 ELEVATED [i] 1979:2 ELIMINATE [4] 1906:23, 28; 1914:17; 1915:3 ELIMINATES [i] 1978:4 ELIZABETH [i] 1923:6 ELMER [2] 2019:18; 2053:19 ELSEWHERE [i] Concordance by Look-See(54) 1912:12 EMOTIONS [i] 2032:20 EMPHASIS [i] 1903:18 EMPHASIZE [i] 1947:3 EMPLOYED [3] 1963:25; 1971:22, 23 EMPLOYEE [3] 1972:5; 2027:2, 8 EMPLOYEES [4] 1967:7; 1972:13, 19; 1989:7 EMPLOYMENT [3] 1962:8; 1963:18; 1969:15 END [12] 1888:7; 1894:2; 1942:27; 1953:26; 1961:10, 15; 1967:3; 1968:7; 1993:9; 1994:4; 2029:3; 2046:16 ENDEAVOR [i] 2010:8 ENDED [2] 1960:7; 2017:7 ENGINEER [12] 1960:22, 25; 1961:3, 20; 1962:5, 17, 22, 23, 26, 28; 1964:1; 1987:23 ENGINEERING [12] 1930:19, 22; 1958:21; 1959:2, 9, 28; 1960:3; 1961:2, 25; 1962:3; 1964:3; 2051:24 ENGINEERS [8] 1898:17; 1960:7, 9, 17, 18; 1962:3; 1986:19; 1987:25 ENGINES [i] 1942:12 ENTER [i] 1988:15 ENTERED [i] 2017:6 ENTITLED [4] 1898:2; 1978:10; 1997:6; 2026:19 ENTRY [i] 2040:28 ENVELOPES [i] 1991:23 ENVIRONMENT [13] 1948:13; 1950:15, 18; 1978:15; 2003:13; 2007:16; 2013:6; 2016:16, 28; 2017:6; 2028:10; 2040:6; 2046:6 ENVIRONMENTAL [40] 1884:12; 1898:25; 1908:3; 1912:23; 1913:12, 24; 1917:4; 1921:4, 6, 7, 13; 1922:7, 19; 1927:13, 28; 1928:14, 18; 1929:4, 13, 25; 1933:2; 1934:11; 1935:20; 1950:22, 23; 1951:8; 1967:14, 16; 1968:1, 6, 20; 1970:1; 1989:2, 22; 2003:23; 2009:27; 2016:2; 2020:24; 2051:11, 19 ENVIRONMENTS [i] 1999:13 EQUAL [i] 1991:22 EQUALLY [i] 2011:1 EQUIPMENT [17] 1892:20; 1928:2, 8, 9; 1960:15; 1961:17; 1965:17; 1966:6; 1993:2; 1999:1; 2002:5; 2005:7, 9; 2006:12; 2010:25, 27; 2031:20 EQUIVALENT [2] 2005:28; 2017:9 ERROR [2] 1913:6;2011:7 Word Index Transwestern v. Monsanto WATER PCB-SD0000075879 Basic Systems Applications ERUPTION [i] 1984:8 ESCAMBIA [i] 2044:18 ESCAPING [i] 2030:7 ESQ [6] ' 2055:19, 20, 23, 24 ESSENCE [i] 1904:19 ESSENTIALLY [i] 7060:3 ESTABLISHED [2] 1953:4; 2006:21 ESTIMATE [11 2002:24 ESTUARY (I) 2035:20 ET [il 2029:1 EUROPE [s] 1930:28; 2002:21, 22; 2026:9; 2027:9; 2029:21, 23; 2050:2 EUROPEAN [5] 2002:23; 2018:23; 2023:5; 2026:10; 2029:22 EVALUATION [2] 2031:28;2033:25 EVENING [i] 2053:27 EVENT [i] 1902:13 EVENTUALLY p] 1910:18; 1960:6; 2014:6 EVIDENCE [s] 1883:17; 1975:15; 2028:3, 5, 15 EXACT [2] 1940:20; 1951:18 EXACTLY [S] 1928:26; 1929:20; 1993:15; 1995:8; 2015:27 EXAMINATION [5] 1883:20; 1957:1; 1961:22; 1975:18; 2014:19 EXAMINED [3] 2041:27; 2045:21; 2049:15 EXAMINING [i] 2042:14 EXAMPLE [is] 7894:7; 7005:20; 7918:8; 1977:8, 9; 1981:26; 1984:12; 1993:19; 1998:19; 2000:24; 2001:3; 2010:18; 2017:5; 2038:25; 2048:17 EXAMPLES [2] 2000:15:2008:21 EXCEEDED [i] 1910:24 EXCELLENT [11 7000:8 EXCEPT p] 1894:23; 1921:14; 2044:3 EXCHANGE [2] 2023:26; 2024:10 EXCUSE pi 7022:10; 1926:12; 2021:14; 2031:23 . EXERCISE [1] 1912:16 EXHAUSTED [i] 1963:7 EXHIBIT [32] 1884:1; 1886:22; 1897:16,28; 1898:6; 1902:28; 1903:14, 24; 1909:4; 1916:12; 1918:4; 1921:17; 1938:8; 1949:7; 1977:10; 1979:18; 1982:6; 1983:14, 21; 1986:4; 1987:2, 15; 1996:21; 2015:1; 2019:7; 2020:12; 2026:18; 2031:1; Trial Transcript [December 7,1993] 2034:1; 2036:25; 2046:26; 2053:3 EXHIBITED (il 1985:20 EXHIBITS [i] 2056:25 EXISTED [il 1925:6 EXOTIC [1] 1972:11 EXPECT [4] 1897:3; 1899:10; 1907:23; 1910:16 EXPECTATION [i] 1942:15 EXPECTED [4] 1939:25; 1951:10; 1964:26; 1984:6 EXPERIENCE [6] 1897:2; 1952:15; 1953:11; 1977:28; 1990:7; 2015:25 EXPERIMENT [i] 2040:9 EXPERIMENTS p] 1889:27; 1898:14; 1984:28 EXPERT [i] 1892:17 EXPERTISE [2] 2002:12; 2010:21 EXPERTS [i] 1942:7 EXPLICITLY [il 1921:12 EXPLOSION [i] 1999:16 EXPLOSIVE [1) 1999:13 EXPORT [21 1927:25, 26 EXPOSE [i] 1972:15 EXPOSED [6] 1944:12; 1976:12; 1984:3; 1993:22; 2010:18; 2040:8 EXPOSURE [7] 7965:24; 1983:28; 1984:15; 1988:12; 2042:19; 2048:14, 28 EXPOSURES [1] 1988:11 EXPRESSION m 1911:24 EXPRESSIONS [i] 1902:19 EXTENSIVE [i] 2017:25 EXTENSIVELY [i] 2001:15 EXTRA [i] 2002:5 EXTRACTION [i] 2029:2 EXTREMELY [2] 2015:21; 2016:10 EYE [5] 1980:10; 1984:10; 1988:5, 16 EYES [2] 1970:14; 1980:8 - F- F-9 (i) 1932:12 F-9A [2] 7937:8; 1936:11 FACE [2] 1972:19; 1973:1 FACILITIES [i] 1960:13 FACILITY p] 2034:7, 8; 2041:23, 24; 2042:10; 2044:19 FACT [19] 1883:28; 1899:3; 1910:20; 1911:26; 1912:9; 1914:16; 1917:11; 1920:6, 72; 1933:25; 1941:11; 1947:26; 1952:24; 1953:15; 1998:15; 2002:11; 2026:1, 3; 2033:26 FACTORIES [i] 7002:27 FACTORY [2] 1936:3, 5 FACTS [3] 1898:2; 1920:26; 1921:1 FAIL [il 1988:17 FAINTLY [i] 1983:17 FAIRLY [i] 1978:7 FALL [2] 1901:26; 1903:2 FAMILIAR [5] 1967:16; 1983:1; 2019:8, 10; 2026:20 FAMILIARIZATION [i] 1989:20 FAMILIARIZE [i] 1989:3 FARMER [i] 1898:14 FARMS pi 1943:27, 28; 1944:1, 3, 4, 27 FAT [il " 2043:3 FATE [i] 2047:10 FAVORABLE [i] 1937:13 FDA [5] 1949:20; 2008:26; 2050:6, 7, 17 FEATURE [il 1998:12 FEBRUARY [5] 1950:13, 17; 1968:7; 2031:7, 22 FEDERAL [i] 1948:10 FEED [i] 1944:20 FEEDING [1] 2017:7 FELLOW [i] 1989:7 FELT [2) 1976:13; 1982:5 FENCE [2] 2041:15, 25 FEND [1] 1988:6 FERRAR [2] 2047:28; 2053:18 FEWER [2] 1995:19; 1997:26 FIBERS [il 1991:12 FIELD [4] 1963:7; 1977:28; 2029:8; 2036:2 FIELDS [i] 7066:26 FIFTH [i] 1887:28 FIGUEROA [i] 2055:21 FIGURE [i] 1915:25 FILE pi 1926:4, 24 FILES pj 1926:7; 2037:12 Concordance by Look>See(55) FILLED p] 1910:25; 1915:1 FILLING p] 1913:2; 1915:1 FINAL [i] 2044:9 FIND [ibj 1902:11; 1912:14; 1925:20; 1936:16; 1947:8; 1963:18; 1982:4; 1990:15, 21; 1993:19; 1997:16; 2002:9; 2025:20; 2030:13; 2036:11, 16; 2045:8; 2046:3 FINDING pi 2005:8; 2009:11, 20; 2024:13; 2036:18; 2043:5; 2044:14; 2045:23; 2048:6 FINDINGS [is] 2003:9; 2006:17; 2013:3; 2014:15, 23; 2016:22; 2018:11; 2020:9; 2022:5; 2026:12; 2030:5; 2043:28; 2046:4, 11 FINE p] 7880:77; 2048:72 FINGERPRINT [3] 2005:27; 2022:18, 19 FINLAND [i] 1950:7 FIRE [8] 1898:2; 1978:3,4; 1998:13, 23; 1999:9; 2000:7, 17 FIRE-RESISTANT [4] 1896:24; 1977:26; 1986:21; 1998:11 FISH [in 1943:22; 1944:8, 9, 18, 19; 2011:16; 2023:21; 2027:24; 2033:12, 13;2043:27 FISHING p] 1943:19; 2033:1 FIT [5] 1888:12, 13; 1889:3; 7807:72; 2007:19 FITS pi 1892:1; 1980:23 FIVE [23] 1886:26; 1968:23, 24; 7988:25; 1995:21; 1996:7, 9; 1997:11, 12, 25; 2004:8; 2005:23; 2012:22, 24; 2021:26; 2022:6, 7; 2042:9; 2048:14, 25; 2049:4; 2052:4, 6 FLAME p] 1998:13; 1999:12, 17 FLANGES [i] 1893:23 FLETCHER [6] 1983:9; 1985:4, 12, 17, 18, 20 FLOATING [i] 2011:24 FLOCKS [i] 1944:21 FLOOR pi , 1949:28; 2055:21, 25 FLORIDA [il 2008:23 FLOW [i] 1970:4 FLUID pi) 1888:16; 1892:5; 1894:15; 1895:3, 6, 26; 1941:6; 1942:16, 25; 1944:15; 1977:26; 1980:12; 1983:11,26; 1984:9; 1985:21; 1999:18; 2000:5, 8; 2001:1, 5 FLUIDS [32] 1885:6, 13, 25; 1886:4; 1887:17, 21; 1891:23; 1892:2, 8, 16, 25; 1893:2; 1894:28; 1904:13; 1910:14; 1928:1; 1931:6; 1938:28; 1940:23; Transwestern v. Monsanto Word Index From ERUPTION to FLUIDS WATER PCB-SD0000075880 Basic Systems Applications 1941:4, 6; 1955:24; 1999:28; 2000:22, 23, 25; 2001:14; 2020:3; 2052:22, 25 FLUSH [i] 1980:11 FOCUS [3] 2010:10; 2047:15; 2051:18 FOCUSING [i] 2051:6 FOLKS [3] 1902:2; 1904:14; 1930:15 FOLLOWED [3] 1884:27; 1889:23; 2015:22 FOLLOWING [3] 1960:19; 1980:10; 1988:1 FOLLOWS [3] 1883:18; 1975:16; 2025:18 FONG [i] 1951:21 FOOD [2] 1949:20; 2050:8 FOODS [i] 2015:16 FOOTBALL [2] 2004:23; 2036:1 FOOTNOTE [i] 2029:3 FORCE [4] 1996:15; 2053:8, 10, 12 FORD [i] 2007:5 FOREIGN [i] 2002:15 FOREVER [i] 1955:6 FORGET [1] 1968:22 FORM [4] 2050:6; 2052:4, 7; 2053:25 FORMS [2] 1900:22; 2019:11 FORMULATIONS m 1928:4 FORTH [21 1940:24; 2029:2 FOUND [29] 1900:18; 1952:24; 1954:14; 1978:12; 1990:6; 1996:25; 1999:4, 8; 2000:9; 2003:13; 2008:6; 2013:6, 10, 18, 28; 2022:7; 2026:27; 2027:19, 23; 2028:28; 2032:14; 2038:5,15; 2039:24; 2040:24, 25; 2041:1; 2043:3; 2046:6 FOUNDATION [S] 1899:23, 26; 1949:6; 1996:2; 2018:28 FOUR [20] 1886:26; 1888:9; 1963:15; 1967:9;1968:22; 1995:15, 19; 1997:17, 25, 26; 2005:23; 2007:20; 2015:10; 2021:26; 2034:25; 2035:5; 2036:3, 5; 2042:9; 2045:4 FOUR-MONTHS [i] 1935:9 FOUR-YEAR [i] 1967:5 FOURTH [3] 1887:25; 1924:16; 2007:7 FRACTIONALLY [2] 1888:27; 1890:28 FRAME [S] 1969:26; 2011:13; 2018:22; 2033:18; 2049:8 FRANCE [2] 2002:18, 28 FRANCISCO [1] 2055:26 FRANKLY [1] FLUSH to HEART Trial Transcript [December 7,1993] 2032:20 FREE [i] 1942:1 FREQUENCY [ij 2050:22 FRONT [4] 1886:22; 1934:8; 2011:2; 2037:22 FRUSTRATED [i] 2006:20 FULL [3] 1928:21; 1969:27; 2009:8 FULLY [11 2011:7 FUMES [41 1972:18; 1976:7,12; 1979:3 FUNCTION [i] 1965:16 FUNCTIONAL [io] 1885:6, 13, 25; 1886:4; 1892:15, 18; 1904:13; 2020:3; 2052:22, 25 FUNCTIONS [2] 1933:6, 7 FUNNEL [IJ 1971:2 FYRQUEL [i] 1955:15 -G- GAIN [2i 1961:13; 1989:7 GALLON [i] 1895:3 GARBLED [H 1904:27 GAS [14] 1938:28; 1942:9, 13; 1955:24; 1956:1, 7, 8, 23; 1983:27; 1988:5,13; 1999:12,17; 2005:10 GASFOE [2] 1988:3, 10 GATHER [i] 1989:11 GATHERED [i] 2037:13 GATHERING [2] 2030:22; 2051:22 GAVE [4] 1890:16; 1936:10; 1937:24; 1945:24 GE[3] 1936:23; 1942:16, 25 GENERATED [2] 1905:1; 2032:21 GENTLEMEN [7] 1883:9; 1897:17; 1920:22; 1933:13; 1974:14; 2012:19; 2053:24 GEOGRAPHIC m 2039:6 GEORGIA [i] 1947:27 GERMAN [i] 2022:8 GERMANY [2] 2002:18, 27 GERMS [1] 1944:13 GETS [21 1904:8; 2024:15 GIRL [i] 1957:23 GIVE [io] 1897:25; 1901:27; 1923:16; 1949:9; 1982:5; 1990:28; 2004:20; 2010:28; 2022:2; 2036:10 GIVEN [91 1897:22; 1908:24; 1952:1; 1964:8; 1967:20; 1969:27; 2033:5; 2049:25; 2050:16 GIVES [i] 2005:19 GLASS [3] 1952:25; 1991:16 GLOVES [6] 1972:25, 26; 1973:18; 1976:21; 1986:2; 1988:9 GOES [61 1906:18; 1932:12; 1984:19; 1985:27; 2048:26; 2049:3 GOGGLES [i] 1988:3 GOLDFISH [4] 2040:2, 5, 7, 13 GOODS [1] 1912:2 GORDON [1] 1922:26 GOSH [2] 1943:22; 1948:14 GOVERNMENT [7] 1948:19; 1949:4; 1951:25; 1970:8; 2001:24; 2008:21; 2050:6 GOVERNMENTAL [4] 1947:23; 1952:1; 2009:10, 24 GOVERNMENTS m 1947:22 GOVERNOR [3] 1943:18; 2033:2, 6 GRAB [i] 1914:27 GRABBED [i] 1913:19 GRADE [2] 1906:15 GRADUATE [i] 1958:24 GRADUATION [21 1958:14; 1961:24 GRADY [ij 2055:20 GREAT [2] 1943:22; 1952:1 GREATER [2] 1913:6; 2046:6 GREATLY [i] 1978:3 GREEN [i] 1958:8 GRIND [1] 1994:6 GROUND [i] 1944:11 GROUP [37] 1884:11; 1885:4, 6, 8, 13, 24; 1886:1; 1903:25; 1904:21, 23, 25; 1929:19; 1930:6; 1933:5; 1936:5, 6, 8; 1940:22; 1964:8; 1968:14; 1980:22; 2019:26; 2020:2; 2021:10, 27, 28; 2022:28; 2023:5; 2047:5; 2051:9, 17; 2052:4, 22, 23, 25, 27 GROUPING [2] 1980:23; 2021:25 GROUPS [ill 1885:11, 17, 20; 1886:5; 1902:3, 4; 2021:24; 2051:23; 2052:19, 21, 28 GROWING [i] 1967:17 GUESS [3] 2007:17; 2030:18; 2035:4 GUIDE [1] 2032:24 GULF [i] 2008:22 GUMMY [i] 1952:18 GUNNAR [i] 2007:2 GUY [i] 1970:3 GUYS [i] 1901:17 -H- HADN'T [2] 2025:6; 2049:5 HALF [2] 1943:10; 2036:2 HAND [i] 2050:24 HANDLE [i] 1891:28 HANDLED [9] 1896:1; 1922:26; 1956:11; 1965:17; 1972:15; 1974:1; 1981:18; 2011:2; 2015:19 HANDLING [8] 1917:5; 1972:9; 1973:12; 1975:23; 1977:7; 1980:5; 1988:2; 1990:3 HANDS [4] 1945:11; 1973:1; 1976:18; 1988:7 HANDS-ON [2] 2030:18, 19 HANDWRITING [4] 1909:4, 7; 1938:12; 1952:6 HANDWRITTEN [i) 1918:6 HAPPENING [i] 2028:9 HARD [il 2002:24 HARDLY [i] 1994:2 HARDY [4] 2026:14, 19; 2027:2; 2029:6 HARM [21 1974:1; 1991:18 HARMLESS [6] 1945:16; 1946:9; 1947:13; 1954:1, 18, 28 HARTFORD [i] 2042:14 HATCH [i] 1944:24 HAVEN'T [2] 1920:15; 1933:28 HAZARD [4] 1950:23; 1978:4; 1984:7. 14 HAZARDOUS [i] 2015:18 HB-40 [i] 1966:18 HEAD [i] 2010:5 HEADED [i] 2010:22 HEALTH [13] 1969:7; 1975:27; 1976:5, 6; 1981:15; 1983:12; 1988:23; 1989:23; 1990:22; 2020:6; 2033:9; 2050:11 HEARD [2] 1966:21; 1970:22 HEARING [i] 1951:21 HEARINGS [i] 1951:17 HEART [i] 2026:1 Word Index Transwestern v. Monsanto WATER PCB-SD0000075881 Bas:c Systems Applications HEAT [ii] _ 1887:5, 6; 1910:14; 1944:12, 15; 1965:12; 1998:23; 1999:11, 13, 19; 2000:25 HEAT-TRANSFER [2] ' 2000:22, 23 HEATING [2] 1944:14; 1999:18 HEAVIER [i] 2041:3 HEAVY [i] 2036:15 HEIGHTS m 2012:10 HELD [3] 1945:16; 1951:17; 1954:10 HELP [5] 1895:22; 1902:9; 1913:10; 1942:16; 2049:24 HELPED [2] 1953:15; 2023:23 HELPS [4] 1895:8; 2001:7; 2004:22, 26 HEN [i] 2013:21 HERDS [i] 1947:28 HERETOFORE [21 1883:5; 1975:5 HEY [i] 1901:16 HIGH [5] 1893:2; 1944:12; 1999:22, 24; 2000:2 HIGH-PRESSURE [2] 1887:17; 1893:13 HIGHER [ii] 1996:1, 8; 2004:8, 9, 10, 12; 2010:4; 2036:10; 2043:6; 2044:1;2046:11 HIGHER-CHLORINATED [2] 1891:6; 1996:6 HIGHLIGHT [i] 2048:9 HIGHLIGHTED [7] 2020:20; 2021:1, 2, 6; 2022:3; 2025:13; 2031:26 HIGHLY [2] 1930:26; 2015:12 HILL [i] 2055:28 HINT [i] 2022:2 HIRE [i] 2010:1 HIRED [3] 1962:12, 13; 2010:5 HISTORICAL [i] 1926:25, HISTORICALLY [i] 2009:25 HISTORY [9] 1911:4, 6; 1989:4, 7, 11, 23; 1990:14; 1992:5; 2016:20 HOC [3] 2052:5, 15; 2053:14 HODGES [i] 2053:18 HOLD [5] 1946:9; 1947:13; 1954:1, 18, 28 HOLD-HARMLESS [i] 1945:20 HOLIDAY [1] 1967:24 HOLLAND [i] 1951:25 HOLLY [6] 1943:27, 28; 1944:1, 3, 4, 27 HOMOLOG [i] 1997:7 Trial Transcript [December 7,1993] HOMOLOGS [i] 1997:27 HONOR [6] 1897:14; 1920:20; 1933:20; 1949:10; 1975:11; 2013:1 HOPED [i] 1947:13 HOPED-FOR [i] 1947:7 HOPES [i] 1928:2 HOPING [i] 2048:22 HOSES [4] 1893:3, 14, 22 HOT [3] 1944:18:2000:5,7 HOUR [i] 2053:23 HOURS [i] 1984:13 HOUSE [i] 1949:28 HOUSEHOLD [2] 1993:17, 19 HOUSTON [2] 1954:8, 25 HOWARD [3] 1908:6; 1971:11;2052:24 HUGE [i] 2004:23 HUMAN [2] 2027:24; 2043:3 HUNDRED [i] 1909:27 HUNDRED-PERCENT [i] 1905:19 HYDRAULIC [20] 1887:10, 13, 16, 18, 21; 1888:16; 1891:14, 17, 19, 23; 1892:5, 8, 13, 16, 25; 1893:2; 1928:1; 1938:24; 1940:23; 1941:4 HYDRAULICS [i] 1934:17 HYDROCARBON [4] 1927:9, 12; 1980:23, 28 HYDROCARBONS [7] 1927:17, 19, 22; 1980:6, 18, 26; 1981:4 HYDROCHLORIC [i] 1966:20 HYDROGEN [2] 1995:3; 2005:22 HYGIENE [i] 1982:1 HYGIENIST [i] 1982:3 HYGIENISTS [i] 1974:6 -I- I'VE [i] 2012:4 I.D. [i] 2040:26 IDEA [2] 1912:14; 2006:22 IDEAL [i] 1913:25 IDENTICAL [i] 2009:14 IDENTIFICATION [1] 2039:21 IDENTIFIED [3] 2003:26; 2016:13; 2017:24 IDENTIFY [8] 1909:5, 6; 1996:26; 2003:25; 2005:14; 2006:27; 2017:4; 2036:27 k IDENTITY [i] 2003:27 lira 1959:24, 25 ILLEGIBLE [i] 2049:22 ILLINOIS [2] 1964:7; 2042:2 IMAGE [i] 1970:27 IMMEDIATE [4] 2041:24; 2044:28; 2045:12; 2046:5 IMMINENT [i] 1952:9 IMPLEMENTED [i] 1924:9 IMPLEMENTING [i] 1949:23 IMPLIED [i] 2015:11 IMPORTANCE [i] 1886:2 IMPORTANT [6] 1893:5, 7; 1914:7; 1970:28; 1999:19;2011:1 IMPRESSION [2] 2008:7; 2053:25 IMPRINT [i] 1910:12 IMPROVE [3] 2000:17; 2018:5; 2031:24 IMPROVED [i] 2004:4 IMPROVEMENT m 1904:26 INCHES [i] 2025:2 INCIDENT [7] 1943:25, 26; 1944:2, 7, 26; 1945:2; 1988:24 INCIDENTLY [i] 2042:19 INCIDENTS [4] 1943:8, 16, 18; 1990:16 INCLUDE [3] 1911:17; 1991:8; 2008:21 INCLUDED [3] 1940:23; 1941:4; 2013:15 INCORPORATED m 2026:3 INCREASE [i] 1993:27 INCREASING [2] 1943:9; 1952:2 INDEX [i] 2056:1 INDIANA [i] 1923:6 INDICATE [8] 1901:9, 13; 1918:12; 1977:28; 1978:20; 2005:25; 2038:17; 2053:7 INDICATED [6] 1972:5; 2007:28; 2013:9; 2038:23, 26; 2040:16 INDICATES [10] 1915:21; 1922:10; 1983:5, 7, 10; 1985:26; 1986:11; 1987:21; 1994:28; 2020:13 INDICATING [3] 1985:16, 18; 2005:27 INDIVIDUAL [5] 1905:10; 1971:22; 1976:20; 1988:26; 1993:10 INDIVIDUALS [8] 1980:25; 1989:11, 16; 2019:23; 2020:7; 2025:25; 2052:4; 2053:16 Concordance by Look-See(57) INDULGENCE [i] : 2012:21 INDUSTRIAL [ii] 1931:5; 1934:17; 1972:14; 1974:6; 1982:1, 2; 1991:10; 1993:4; 2015:17; 2028:18; 2048:21 INDUSTRY [4] 1998:9; 1999:5, 8; 2043:14 INFANTRY [i] 1960:6 INFERENCE [i] 1939:24 INFORM [2] 1976:27; 1979:6 INFORMAL [i] 2051:22 INFORMALLY [ij 2051:26 INFORMATION [29] 1899:9, 10; 1903:5; 1907:12; 1953:8; 1970:4, 8; 1971:2; 1974:3; 1977:20; 1978:11; 1986:25; 1987:27; 1989:6, 13; 1990:12; 2003:16, 21; 2006:23; 2008:10; 2013:15; 2023:20; 2024:11; 2028:8; 2029:16; 2032:18; 2037:13; 2050:1; 2052:7 INFORMED [i] 2053:10 INGREDIENT [3] 1944:20; 1993:18; 1994:22 INGREDIENTS [2] 1941:18; 1980:2 INHALED [i] 1984:11 INITIAL [ii] 1895:14; 1960:10; 1962:16; 1971:11; 1998:26; 2013:4; 2014:15, 23; 2017:26; 2018:19; 2030:12 INITIALLY [2] 2008:12, 13 INITIATED [i] 2037:17 INJECT [i] 1963:3 INK [i] 1900:24 INQUIRED [i] 1990:16 INQUIRIES [i] 1981:14 INSECTICIDES [i] 2028:21 INSIDE [7] 1944:16; 1956:5, 14, 19, 22; 1983:27; 1999:2 INSOLUBLE [i] 1952:23 INSPECT [i] 1960:12 INSTITUTE [2] 1962:2; 2007:1 INSTRUCT [i] 1912:1 INSTRUCTION [2] 1980:24; 1981:6 INSTRUCTIONS [i] 1908:24 INSTRUMENT [4] 2005:12, 17; 2022:16; 2045:26 INSTRUMENTS [4] 2005:5; 2008:16; 2024:3; 2038:12 INSURANCE [2] 1936:6, 8 INTAKE [i] 2033:13 Transwestern v. Monsanto Word Index From HEAT to INTAKE WATER PCB-SD0000075882 Basic Systems Applications INTENDED [6] 1905:13,16; 1911:19, 21; 1912:7; 1978:21 INTENT |io] 1939:11; 1946:28; 1961:9; 1970:26; 2000:16; 2009:22; 2024:17; 2052:9, 10, 13 INTERCHANGE [i] 2018:7 INTERCHANGEABLY [2] 1964:13; 1997:10 INTERDEPARTMENTAL [1] 1996:15 INTEREST [5] 1947:22, 26; 1983:10; 1992:24, 28 INTERESTED [3] 1930:6; 1949:23; 1989:27 INTERESTINGLY [i] 1991:7 INTERIOR [2] 1948:4; 2014:7 INTEROFFICE [i] 1986:11 INTERPRET [i] 2024:8 INTERPRETATION [i] 2040:27 INTERROGATORIES ]i] 1921:9 INTERROGATORY [6] 1897:15,18, 25, 27; 1898:19; 1920:23 INTERRUPT [i] 1959:14 INTERVIEWED [i] 1967:18 INTOLERABLE [i] 1972:23 INTRODUCED [4] 1950:27; 1951:1, 14; 2030:14 INTRODUCING [i] 2048:18 INVENTORY ]io] 1912:3; 1915:21, 25; 1916:1, 21, 26; 1917:18, 25, 28; 1919:21 INVESTIGATE [i] 1989:22 INVESTIGATION [61 1990:5; 2016:1, 20; 2018:12; 2019:3; 2020:8 INVESTIGATOR [i] 2040:23 INVESTIGATORS [2] 2003:22; 2018:17 INVOLVE [i] 2044:7 INVOLVED [28] 1886:1; 1890:8; 1891:22; 1892:21; 1895:28; 1896:17; 1897:23; 1947:21; 1962:28; 1963:9; 1965:9, 17; 1971:27; 1984:8; 1990:1; 2010:8, 24; 2018:7; 2020:5, 7; 2026:14; 2030:26; 2033:7; 2041:10; 2042:15; 2043:12; 2052:21; 2053:1 INVOLVEMENT [3] 1966:4; 1971:24; 1976:2 INVOLVES [21 1994:21; 2049:16 INVOLVING [i] 2025:17 IRON [i] 1993:8 IRRITANT [2] 1985:1; 1986:25 IRRITATION [3] 1984:10; 1988:9, 17 I I IMI I I HI lVI 1^1 IRRITATIONS m 1985:21 ISOMER [i] 1997:9 ISOMERIC [2] 2021:9, 23 ISOMERS [i] 2021:28 ISSUE [io] 1890:9; 1967:16; 1968:6; 2010:2; 2018:12; 2032:15; 2033:3;2051:11, 19, 22 ISSUED [3] 1930:11; 2014:25; 2033:10 ISSUES [3] 1981:15; 1990:15 ITALY [2] 2002:19, 28 ITEM [3] 1986:27; 1987:5, 12 ITEMS [il 2027:24 - J~ 4.F. [2] 1921:5, 12 JAMES [4] 1908:7, 8; 2052:26; 2055:19 JANET [il 2055:20 JANUARY [isi 1951:10; 1954:7, 25; 1967:23, 25; 1968:6; 1989:21; 2016:2, 21; 2019:13; 2032:12; 2047:18; 2049:9; 2050:3; 2051:13 JAPAN [3] 1930:28; 1960:11; 2002:19 JENSEN [8] 2003:8, 22; 2004:15; 2008:19; 2011:15; 2013:3; 2016:22; 2020:9 JERRY [i] 2055:20 JIM [il 1908:7 JOB [361 1901:28; 1902:14; 1904:11; 1910:1, 19; 1921:27; 1922:2; 1930:5; 1940:18; 1962:9, 15, 16; 1967:12, 18, 20, 22, 27; 1968:3, 10, 15, 26; 1969:3, 4, 9, 28; 1970:3, 5, 13; 1976:1; 1989:21; 2019:23; 2032:12; 2037:14; 2047:19; 2050:4 JOBS [4] 1963:11, 23; 1968:8; 1972:6 JOHN [12] 1888:22; 1889:22; 1890:15, 16, 23; 1899:25; 1900:4, 7; 1918:22; 1931:23; 1963:26; 2053:10 JOHNSON [9] 1893:18, 20; 1926:9, 11, 14, 28; 1940:22; 1953:9; 1955:22 JOIN [i] 1926:15 JOINT [i] 2022:28 JOURNAL [i] 1898:16 JUDGE [i] 1975:3 JUDGMENT [i] 1972:22 JULY [6] 1899:24, 27; 1900:4; 1901:6; 1930:10, 13 JUNE [2] 1884:24; 1950:3 JUNIOR [i] 1982:17 JUSTICE [2] 1948:10, 11 - K- KEEP [5] 1929:6; 1930:21; 1970:20; 1991:16; 2050:28 KEEPING [4] 1901:10, 15, 17, 22 KEITH [i] 1975:3 KELLER [6] 2019:18, 25; 2020:16; 2021:15, 20; 2047:26 KELLY [14] 1982:12, 13; 1983:8, 16, 25; 1985:11, 16, 19, 24; 1987:7, 9, 13; 1990:10; 2021:14 KENTUCKY [i] 1958:8 KEPT [6] 1895:18; 1918:19; 1933:28; 1935:13; 2003:23; 2023:7 KEY [2] 1903:11; 2051:16 KILL [i] 1944:12 KINDS [8] 1893:15; 1927:21; 1961:14; 1974:1; 2010:13; 2032:25; 2038:12; 2047:8 KNOW-HOW [2] 2002:5; 2020:23 KNOWLEDGE [ii] 1897:7; 1961:6, 12, 15; 1972:3; 2003:16; 2007:11; 2016:6; 2019:2, 12; 2046:4 KNOWLEDGEABLE [2] 1953:12; 1971:24 KOEMAN [i] 2040:23 KRUMMRICH [201 1917:15; 1918:10, 14, 25; 1919:6, 11, 19; 1921:27; 1922:16; 1964:11; 1966:5, 8; 1972:6; 2042:1, 5, 9, 10, 11; 2045:13, 17 - L- LAB [3] 1891:4; 1952:26; 2043:22 LABELING [7] 1903:23, 26; 1906:11; 1913:1; 1915:18; 1924:4; 1929:17 LABELS [42] 1901:24; 1902:20; 1903:16; 1907:8, 24; 1908:12; 1910:4, 6, 24; 1912:18, 24, 28; 1913:3, 15, 18, 21, 23; 1914:19, 27; 1915:5; 1916:6, 20, 25; 1917:1, 4, 14; 1918:13; 1919:11; 1921:4,13; 1922:7, 11, 13, 15, 20, 27; 1924:13, 27; 1925:28; 1929:25; 1935:6 LABORATORIES [16] 1970:10; 2008:19, 20, 26; 2009:1, 7, 10, 24; 2014:8; 2018:6, 8; 2023:28; 2024:4, 11; 2037:16; 2043:15 LABORATORY [18] 1889:26; 1890:12; 1891:3; 1977:27; 2008:22; 2022:26; 2024:13, 15; 2038:13; 2040:5, 8, 10,18; 2041:20; 2043:15; 2044:5, 6; 2046:5 LABS [2] Concordance by Look-See(58) 2008:21; 2009:15 LADIES [7] 1883:8; 1897:17; 1920:22; 1933:13; 1974:14; 2012:19; 2053:24 LAKE [31 1943:20; 2033:2, 22 LAKES [i] 1943:22 LAND [1] 2028:26 LANGUAGE [1] 1911:17 LARGE [3] 1904:23, 25; 1984:8 LARRY [2] 1940:15, 17 LAST [17] 1893:26; 1895:11; 1908:9; 1943:10; 1969:13; 1978:9, 27; 1987:15, 18, 25; 1991:28; 2016:26; 2017:17; 2032:2; 2040:28; 2045:16; 2048:28 LASTED [i] 2000:13 LATE [6] 1957:25; 2000:19; 2013:14; 2033:18; 2051:6, 19 LAUNDER [i] 1980:13 LAY [i] 2004:20 LAYER [i] 2036:16 LAZARUS [i] 2055:24 LEADERSHIP [i] 2052:2 LEADS [2] 2035:20, 21 LEAK [4] 1893:3; 1944:16; 1972:17; 1984:15 LEAKS [5] 1893:10; 1955:23; 1984:1, 2, 6 LEARN [3] 1973:23; 2003:12; 2008:14 LEARNED [2] 1954:10, 15 LEAVING [2] 1908:25; 1948:12 LEFT-HAND [4] 1909:2; 1970:6; 1997:4, 12 LEGAL [3] 1945:17, 19; 1946:10 LENGTH [i] 2037:11 LESSON [i] 1972:12 LETTER [24] 1903:19; 1949:18; 1954:1, 18, 28; 1955:4; 1982:11, 21; 1983:8, 11, 14; 1985:2, 9, 11; 1986:8, 10; 1987:6, 9, 13, 19, 21; 2003:17; 2006:28 LETTERHEAD [4] 1982:25; 1983:18; 1986:9; 2006:28 LETTERS [i] 1987:28 LEVEL [4] 1953:2; 1964:4; 2002:8; 2012:1 LEVELS [2] 1993:24; 2004:15 LIBERATED [1] 1984:9 LIBRARY [i] 1910:3 LICENSED [i] 1999:25 INTENDED to LICENSED Word Index Transwestern v. Monsanto WATER PCB-SD0000075883 Basic Systems Applications LIEUTENANTS [i] 1904:22 LIFE [i] 2017:23 LIGHT [i] 1901:21 LIGHTWEIGHT [i] 1988:9 LIKED [1] 2032:18 LIKELIHOOD [i] 2032:9 LIMIT [21 2033:13; 2042:19 LIMITS [i] 2045:26 LINE [20] 1887:14; 1906:19; 1907:15; 1925:3, 8; 1940:24, 25; 1941:1, 4; 1966:15, 18; 1984:1, 16; 1995:27; 1996:5; 1997:24; 1998:1; 2000:12; 2025:14; 2041:15 LINES [2] 2000:21; 2016:26 LINK [i] 2014:15 LINKED [i] 1943:16 LINKING [i] 2008:5 LIQUID [8] 1956:2, 4, 9, 14, 17; 1978:23; 1993:25; 1999:14 LIQUIDS [3] 1956:5, 20; 1998:28 LIST [8] 1889:8; 1892:14; 1923:16; 1932:7; 1934:27; 1940:1, 8; 1953:20 LISTED [8] 1889:6; 1909:18; 1920:2; 1940:4; 1986:27; 1987:5; 1997:17; 2037:16 LISTING [4] 1920:1; 1986:24; 2037:19; 2053:9 LISTS [4] 1919:23; 1932:11; 1996:28; 1997:2 LITERATURE [i] 1977:6 LIVE [i] 1957:7 LIVING [3] 1971:23; 1989:17; 2007:13 LOCATE [i] 1921:11 LOCATED [3] 1963:26; 2034:7; 2035:14 LOCATION [4] 2034:15; 2035:2; 2039:6; 2044:26 LOCATIONS [3] 2034:25, 27; 2036:4 LONDON m 2018:20; 2027:3 LONG-TERM [2] 1990:22, 24 LOOKS [4] 1938:8; 1986:10; 1994:6; 2021:4 LOOP [i] 1887:5 LOS [3] 1923:5; 1975:1; 2055:22 LOSE [i] 1988:27 LOSING [i] 2011:4 Trial Transcript [December 7,1993] LOT [io] 1896:7; 1929:22; 1976:18; 1991:17; 1998:18; 2000:13; 2008:14; 2011:21; 2033:12, 22 LOUIS [ii] 1918:23; 1957:9, 13, 15; 1958:5,12; 1963:21,27; 2030:25; 2034:12; 2048:20 LOVE [i] 1913:27 LOW [i] 1993:24 LOWER [io] 1905:19; 1909:2; 1927:8; 1941:8; 1995:25, 28; 1996:10; 2022:1; 2043:2; 2044:17 LOWER-CHLORINATED [1] IQQR'Z LUBRICANT [6] 1896:24; 1977:27; 1983:27; 1984:7; 1986:21; 2001:3 LUBRICANTS [3] 1898:3; 1978:2, 5 LUBRICATION [2] 1892:21; 1898:17 LUBRICITY [i] 1937:6 -M- MACHINE [S] 1893:13; 1941:5; 2008:2; 2024:8, 9 MACHINERY [3] 1892:18; 2001:5, 6 MACHINES [2] 2000:1; 2001:1 MAINTAIN [i] 1970:27 MAINTAINED [i] 2018:21 MAINTENANCE [2] 1964:2; 1965:15 major [4] 1901:8; 1947:12; 1958:22; 1984:8 MAKER [i] 1943:10 MANAGED [i] 1955:26 MANAGEMENT [io] 1883:25; 1884:5, 9, 26; 1886:18; 1937:18, 25; 2051:9, 12; 2052:16 MANAGER [is] 1940:21; 1966:10; 1967:1, 14; 1968:1, 12; 1969:6, 28; 1975:28; 1988:21; 1989:2, 21; 1992:19; 2009:26; 2016:1 MANAGERS [3] 1973:28; 1974:5; 2052:8 MANNER [3] 1972:15; 1981:20; 2030:8 MANUFACTURE [8] 1951:4; 1964:23; 1966:28; 1989:4; 1990:7; 1993:4, 12; 2002:12 MANUFACTURED [s] 1966:12, 14, 16; 1973:14; 1992:17 MANUFACTURER [2] 1936:22; 2025:17 MANUFACTURING [io] 1964:2, 19, 21; 1965:10; 1973:26; 1991:3; 1992:8, 9; 2030:6; 2051:24 MAP [i] 2034:16 MARCH [6] 1937:26; 1938:4, 15, 22; 1948:18; 2017:27 MARINE [3] 2016:16, 27; 2017:23 MARKET [4] 1927:25, 26; 2002:23; 2055:25 MARKETED [i] 1940:22 MARKETING [3] 1904:12; 1906:8; 1930:17 MARKS [i] 2055:20 MARRIED [2] 1957:16, 18 MARSHALL [i] 2023:6 MARYLAND [5] 2008:27; 2014:8; 2022:27; 2045:18, 20 MASK [4] 1972:20; 1984:17; 1988:10, 13 MASKS [i] 1988:5 MASON [14] 1885:3; 1886:7; 1900:4, 7; 1901:5, 19; 1937:22, 23, 24; 1938:3, 6, 15, 21; 1939:18 MASS [3] 2005:10, 26; 2006:14 MASSACHUSETTS [i] 1950:14 MASTER [4] 1959:1, 13; 1962:11, 13 MASTERS [2] 1959:17, 18 MATCHED [i] 2022:19 MATERIAL [33] 1896:8, 16, 17; 1900:22, 24, 25; 1908:26; 1917:17; 1944:15; 1945:11; 1961:9, 10; 1966:28; 1972:28; 1979:1; 1981:12; 1984:4, 11, 28; 1990:3; 1991:15; 1993:1, 15, 16; 1994:5, 26; 1995:1; 2003:25; 2005:21; 2015:15; 2017:4; 2022:15, 17 MATERIALS pi] 1889:27; 1890:13; 1909:24, 25; 1941:28; 1956:8; 1961:7, 10; 1966:27; 1998:16; 1999:10; 2007:20, 26; 2010:15; 2011:16; 2016:16, 27; 2028:26, 28; 2030:14; 2034:15 MATHEMATICS [i] 1961:13 MATRIX [2] 2038:6, 7 MATTER [4] 1890:7; 1897:24; 1914:8; 2011:9 MATTERS [i] 1969:20 MAY {26] 1883:13; 1886:18; 1888:23; 1889:23; 1890:24; 1891:5; 1894:22; 1897:21; 1902:20; 1904:5; 1908:2, 3; 1920:28; 1921:19; 1924:1; 1927:7, 27; 1946:13; 1950:26; 1951:7; 1966:21; 1978:23; 1980:25; 1986:17; 2020:13; 2028:17 MC [i] 1934:21 MCS-1016 [3] 1930:23; 1939:6, 9 MCS-1063 [i] 1936:11 MCS-153 [8] , 1931:27; 1932:13; 1934:21, 23, 26; 1979:28; 1981:7, 11 Concordance by Look-See(59) MCS-974 [i] ' 1939:4 MEAL [4] 1944:8, 9, 18, 19 MEAN [ii] 1892:9,10; 1920:16; 1939:9; 1956:5; 1971:5; 1994:25; 2000:20; 2001:6; 2017:1; 2045:24 MEANING [2] 1929:13; 2008:20 MEANS [5] 1920:25; 1976:20; 2005:12; 2009:14; 2022:13 MEANT [3] 1891:23; 1929:20, 22 MEASURE [4] 2012:3, 10, 13; 2045:11 MEASURED [2] 2035:28; 2038:2 MEASUREMENT [i] 2038:10 MEASURING [i] 2038:4 MECHANICAL [i] 1961:14 MECHANICS [i] 1965:16 MEDICAL [io] 1930:28; 1979:11; 1981:27; 1982:14; 1988:18; 1989:12; 1990:15; 2020:5; 2051:23 MEET p] 1964:26; 2032:25 MEETING [25] 1884:5, 10, 27; 1886:8, 11, 18, 21; 1888:10, 24; 1889:23; 1901:26, 27; 1903:9; 1904:16, 20; 1905:1; 1938:4, 22; 1939:19; 1946:21; 1954:8, 15, 24; 2051:26 MEMBER [i] 1961:26 MEMBERS [4] 2021:27; 2053:9, 11, 16 MEMORANDUM [7] 1904:22; 1908:23; 1912:4; 2021:15, 20; 2034:26; 2053:11 MEMORY [3] 1902:10; 1948:16; 2047:7 MEN [4] 1983:28; 1984:3; 1985:20 MENTION p] 1919:26; 1925:2 MENTIONED [8] 1903:8; 1941:21; 1973:18; 2000:21; 2002:22; 2008:23; 2026:5; 2048:18 MESSAGE [9] 1890:16, 20; 1907:10; 1912:20; 1913:7, 20; 1928:4; 1956:12, 13 MESSRS [i] 1922:5 METABOLATE [i] 2013:28 METABOLISM [2] 2016:15, 27 METABOLIZED [i] 2022:7 METAL [2] 2000:5, 7 METER [i] 2042:20 METHOD [2] 2011:14, 15 METHODOLOGY p] 2011:10; 2031:21 METHODS [4] 2010:13; 2019:27; 2024:6, 12 MICHIGAN [4] Transwestern v. Monsanto Word Index From LIEUTENANTS to MICHIGAN WATER PCB-SD0000075884 Basic Systems Applications 1943:19, 20; 2033:2, 22 MICROGRAMS [2] 2042:21, 22 MIDDLE [i] 1932`13 MIDNIGHT-SHIFT [1] 1913:19 MILD [2] 1985:1; 1994:13 MILITARY [4] 1959:21, 22; 1960:17, 21 MILK [4] 1900:11, 14, 19; 1988:16 MILLIGRAM [i] 2042:20 MILLION [ii] 2004:18, 21, 22, 23, 26; 2005:1, 2; 2027:27; 2036:22, 23; 2039:22 MIND [6] 1890:12; 1892:11; 1912:5; 1991:15; 2001:23; 2002:17 MINE [i] 1928:2 MINING [2] 1928:8, 9 MINOR [i] 2028:4 MINUTE [4] 1904:7; 1945:11; 2017:20; 2047:16 MINUTES [5] 1884:4; 1886:10, 17; 1903:9; 1946:23 MISHANDLED m 1974:2 MISS [i] 2050:26 MISSOURI [2] 1957:9; 2008:23 MIST [i] 1980:7 MISTAKE [i] 1914:14 MISTAKES [2] 1914:6, 17 MISUNDERSTANDING [i] 1912:6 MISUSE [i] 2025:23 MIXTURE [4] 1925:20; 1993:6,9; 1997:5 MIXTURES [i] 1924:22 MODIFIED [2] 1925:10; 1936:13 MOLDING [i] 2000:3 MOLDS [i] 2000:2 MOLECULE [3] 1995:16, 19; 2005:19 MOMENT [io] 1894:11, 14, 27; 1899:28; 1907:28; 1930:3; 1934:6; 1935:15; 2000:14; 2009:3 MOMENTS [i] 1911:18 MONEY [3] 1914:3, 4; 1947:10 MONITOR [i] 1937:19 MONITORING [i] 1967:15 MONTARS [i] 1905:14 MONTH [2] 2047:19; 2050:28 MONTHLY [2] 2047:23, 25 Trial Transcript [December 7,1993] MONTHS [4] 1888:9; 2047:21; 2050:25, 28 MORNING [9] 1883:8, 22, 23; 1933:11; 1957:3, 4, 5, 6; 2053:28 MOTHER [i] 2073:20 MOVE [3] 1893:21; 1915:6; 1997:18 MOVING [2] 1970:21; 2038:14 MSA [2] 1988:4, 6 MUD [4] 2036:6, 7, 9, 16 MUGS [1] 1963:1 MULLALEY [S] 1921:20, 21, 26; 1922:2, 6 MULTI-PRODUCT [i] 1991:3 MURIATIC [i] 1966:21 MUTUAL [2] 1936:3, 5 MYSELF [2] 1969:17; 1990:2 -N- NAGEL [4] 1921:20, 25, 27; 1922:5 NAME [9] 1910:13; 1918:21; 1940:16; 1955:13; 1981:12; 1994:16; 1996:23; 2001:4; 2035:11 NAMES [1] 1920:3 NAMING [i] 1921:12 NATURAL [3] 2015:15; 2041:13; 2048:19 NATURE [6] 1889:20; 1959:26; 1961:4; 1965:6; 2019:4; 2040:6 NCR [5] 1884:20; 1887:2; 1900:20; 1901:7; 1931:3 NECESSITY [i] 1906:23 NEEDLE [i] 2008:2 NEEDLES [2] 2008:6;2011:17 NEEDLESSLY [i] 1972:16 NEOPRENE [i] 1988:9 NEWER [i] 2006:70 NEWPORT [3] 2035:18, 21; 2045:4 NEWS [2] 2007:15; 2031:11 NICE [1] 2053:27 NINE [i] 1998:3 NOBODY [i] 2017:13 NON-BIODEGRADABLE [7] 1887:10, 22; 1888:6; 1889:2; 1892:12; 1893:8; 1894:1 NON-CHLORINATED [2] 1891:16; 1966:19 NON-CONTROLLABLE [3] 1888:7; 1889:4; 1894:2 NON-DETECTABLE [i] 2045:28 NON-ELECTRICAL [i] 1906:15 NON-PCB [2] 1887:2; 1907:4 NONINDUSTRIAL [i] 2023:21 NOON [2] 1974:12, 18 NORM [6] 1893:18, 20; 1926:8, 11, 28; 1953:9 NORMALLY [i] 1978:1 NORTH [i] 2055:28 NOSE [i] 1984:10 NOTE [S] 1926:24, 27; 1938:8; 1981:6; 2048:23 NOTED [2] 1883:5; 1975:5 NOTES [4] 1927:25, 26; 2008:18; 2009:13 NOTIFICATION [i] 1954:6 NOVEMBER [7] 1903:2, 6; 1935:22; 1936:10; 1987:1; 2003:14; 2037:5 NUMBER [20] 1884:1; 1897:27; 1910:25, 28; 1921:3; 1938:18; 1939:16; 1949:7; 1985:6; 1991:28; 1997:1; 2005:19, 24; 2012:11; 2027:18, 22; 2028:1, 13; 2029:13; 2046:25 NUTRASWEET [i] 1991:22 NYLON [1] 1991:13 -o- O'CLOCK [i] 1933:14 OATH [1] 1897:20 OBJECTION [7] 1946:10; 1947:18; 1949:6, 11; 1996:2; 2018:28; 2052:10 OBJECTIVE [4] 2023:18, 19, 24, 26 OBNOXIOUS [2] 1970:25; 1994:14 OBSERVED [3] 2014:9; 2022:5; 2028:9 OBTAIN [5] 1916:25; 1958:28; 1961:22; 2026:12; 2029:15 OBTAINED [6] 1959:3; 1988:1, 19; 2028:8; 2031:17; 2045:21 OBVIOUS [i] 2000:6 OCCASION [i] 1969:23 OCCASIONAL [2] 1984:6, 26 OCCASIONALLY [i] 1973:19 OCCUPATIONAL [2] 1969:7; 2020:6 OCCUPY [i] 1958:1 OCCUR [3] 1955:24; 1972:18; 1984:8 OCCURRING [i] 1913:6 OCCURS [i] 1980:9 OCEAN [i] Concordance by Look-See(60) 1944:10 OCEANS [i] 2028:24 OCTOBER [5] 1933:3; 1935:5; 1950:9; 1951:24; 2034:1 ODOR [i] 1994:13 OECD [2] 2022:27; 2023:2 OFFER [2] 1945:28; 1981:24 OFFERED [3] 1904:28; 1905:6; 1945:25 OFFERING [i] 2029:9 OFFICE [4] 1905:2; 1914:25; 1926:14; 2027:3 OFFICER [i] 1947:16 OFFICES [i] 1981:24 OFFICIAL [6] 1883:6; 1943:19; 1947:6; 1968:2; 1975:6; 2055:27 OFFICIALLY [i] 1967:23 OFFICIALS [2] 1947:27; 1948:2 OH [26] 1908:18; 1915:27; 1916:27; 1930:10; 1952:21; 1967:23; 1968:5; 1969:17; 1981:17; 1989:9; 1990:11; 1999:6; 2001:26; 2003:6; 2009:6, 8; 2018:23; 2021:5; 2023:25; 2024:26; 2030:12; 2033:15, 27; 2036:12; 2047:20 OHIO [i] 1948:2 OIL [9] 1963:2, 4, 7, 8; 1978:1; 1988:15; 1999:12 OILS [i] 1952:27 OILY [2] 1952:18, 21 OINTMENT [i] 1986:1 OKLAHOMA [2] 1959:6; 1962:14 OLA [i] 1951:8 OLD [6] j 1912:18; 1913:18, 22; 1914:24; 1929:6; 1963:3 OLDER [i] 1958:2 OLSON [5] 1904:9; 1906:7; 1907:2, 24 ONE-TIME [6] 1911:27; 1912:3, 9, 10, 16; 1916:6 ONE-YEAR [i] 1969:6 ONES [i] 1889:24 ONGOING [2] 1929:9; 2024:27 OPENED [i] 1913:20 OPERATE [i] 1991:26 OPERATING [2] 1968:21, 23 OPERATION [3] 1895:28; 1965:22; 2029:22 OPERATIONS [4] 1968:20; 1984:17; 2029:17; MICROGRAMS to OPERATIONS Word Index Transwestern v. Monsanto WATER PCB-SD0000075885 Basic Systems Applications 2030:7 OPERATOR [i] 1999:25 OPERATORS [11 1913:1 OPINION [4] 2024:22; 2025:7; 2032:9; 2041:1 OPPORTUNITY w 1895:13; 1898:21; 1914:5, 13 OPPOSED [2] 1962:25; 1973:13 ORDER [io] 1891:21; 1893:21; 1916:19, 28; 1917:24; 1940:4; 1956:20; 2006:5; 2010:20; 2049:11 ORDERED [2] 1918:9; 2006:9 ORDINARY [i] 1973:9 OREGON [i] 2008:24 ORGANIC [3] 1885:9, 20; 1984:17 ORGANICS [i] 1885:7 ORGANISMS [1] 2007:13 ORGANIZATION [6] 1891:20; 1986:14; 2003:15; 2019:16; 2023:3; 2051:4 ORIENTED [i] 2043:27 ORIGINALLY [i] 2023:6 OS-81 [ii] 1977:14, 24, 25; 1978:2, 19; 1979:25; 28; 1983:11; 1985:22; 1986:21, 26 OSHA [i] 2042:25 OUTFLOW [i] 2034:20 OUTSIDE [7] 1898:7,11; 1917:16; 1944:17; 2041:25; 2043:22; 2051:3 OUTSTANDING [i] 1998:10 OVEREXPOSED [2] 1976:4, 24 OVERRULED [i] 1946:12 OVERSEAS [i] 1928:7 OVERWHELMING [i] 2007:25 OWNERS [i] 1991:19 - P- P-O-T-T-E-R [i] 1971:16 P.M. [4] 1974:19; 1975:2; 2054:3; 2056:4 PACKAGE [7] 1905:26; 1907:12; 1910:9; 1913:4, 18; 1935:14; 1979:12 PACKAGED [3] 1912:12; 1915:21; 1922:17 PACKAGES [9] 1905:13, 18; 1908:25; 1909:17, 21; 1910:25; 1912:11, 15; 1923:23 PAGES [i] 2056:1 PAIN [1] 1988:18 PAINT [i] Trial Transcript [December 7,1993] 1984:20 PAINTS [2] 1894:7; 2000:10 PALME [i] 1951:8 PAMPHLETS [i] 1974:11 PANCAKE [i] 1994:2 PAPAGEORGE [46] 1883:15, 22; 1888:25; 1896:10, 20; 1898:20; 1899:17; 1901:25; 1902:26; 1903:24; 1905:22; 1906:5; 1908:28; 1910:27; 1913:10; 1914:10; 1916:11, 16; 1918:4; 1920:12; 1921:17; 1924:17; 1926:28; 1929:11; 1933:21; 1935:25; 1937:17; 1938:10; 1939:28; 1947:20; 1948:26; 1949:16; 1952:5; 1955:7; 1957:3; 1971:21; 1975:13, 20; 1982:11; 1985:8; 1992:6; 1996:20; 2003:7; 2013:2; 2026:26; 2056:8 PAPER [4] 1900:20, 23; 1905:4; 1938:9 PAPER-LIKE [i] 2005:15 PARAGRAPH [37] 1890:10, 11; 1904:17; 1905:9, 12; 1906:14, 24; 1907:13; 1908:9, 12, 25; 1909:17; 1924:7, 13, 16; 1926:19; 1927:10, 13; 1938:27; 1941:16, 17; 1977:24; 1978:18; 1983:5, 24; 1984:20; 1985:23; 2007:7; 2015:24; 2016:5, 18; 2017:17; 2028:7; 2031:27; 2032:2; 2048:7; 2049:20 PARAGRAPHS [i] 2015:10 PARENS [i] 1939:2 PARK [41 1902:23; 1904:16, 28; 1905:6 PARLIAMENT [1] 1950:6 PART [29] 1895:28; 1903:19; 1910:19; 1930:5; 1943:7; 1946:28; 1960:4, 11, 17; 1968:13; 1980:16; 1989:19; 2004:20, 21, 22, 26, 28; 2005:3, 14; 2016:24; 2019:12; 2023:6; 2026:24; 2027:27; 2040:9; 2043:18; 2045:7, 24 PARTICIPANTS m 1883:12 PARTICIPATED [i] 2030:21 PARTICIPATING [i] 2022:28 PARTICLES [i] 2011:24 PARTS [is] 1890:28; 1896:3; 1953:3, 5; 1999:2; 2004:17, 18; 2005:13; 2036:19, 20, 21, 23; 2039:21 PARTY [4] 1897:19, 20, 23; 1920:25 PASS [3] 1925:20; 1970:5, 7 PASTEURIZE [i] 1944:12 PASTEURIZING [i] 1944:9 PAUL [i] 2053:18 PAWTUXET [2] 2014:8; 2022:26 PCB-CONTAINING [i] 1924:8 PCB-RELATED [3] 1988:23; 1989:23; 2003:3 PCT [ii 1966:15 PEAK [2] 2005:15, 18 PEAKALL [i] 2008:25 PEAKS [2] 2005:15; 2012:10 PEBBLE [i] 1957:8 PENSACOLA [3] 2044:18, 25; 2045:12 PEOPLE [30] 1890:8; 1891:22; 1901:1, 18, 22; 1902:16; 1903:25; 1904:21; 1906:6; 1920:16; 1933:6; 1947:10; 1954:9, 26; 1970:6; 1971:7; 1972:15; 1974:11; 1992:3,26; 1994:11; 2001:22; 2002:13; 2006:7; 2009:20; 2050:11; 2051:3, 16, 22; 2052:6 PERCEIVE [2] 1901:20; 1952:12 PERCEIVED [2] 1889:16; 1905:10 PERCENT [18] 1889:12, 13, 17, 21; 1905:19; 1909:28; 1995:1, 6, 20, 22, 23; 1997:4, 28; 1998:3; 2002:28; 2003:6; 2022:8 PERCENTAGE [6] 1995:15, 18, 21; 1997:25; 2002:22; 2003:2 PERCENTAGES [i] 1997:16 PERFORMED [4] 2038:18; 2039:13; 2044:11; 2045:7 PERFORMING m 2047:5 PERIOD [is] 1902:27; 1903:20; 1906:23, 26; 1914:9; 1934:4; 1947:21; 1955:5; 1960:1; 1963:28; 1967:5; 1971:10; 1984:12; 2048:14; 2049:1; 2050:27 PERIODICALLY [2] 1937:21; 2048:2 PERIODS [|] 1963:22 PERMANENT [2] 1990:22,24 PERMITTED [i] 1948:24 PERSON [12] 1902:25; 1913:20; 1919:13; 1929:15; 1947:5; 1970:20; 1971:26; 1976:11; 1982:4; 2029:8; 2030:20; 2053:26 PERSONAL [6] 1974:4; 1979:8; 2015:25; 2032:16; 2037:12,15 PERSONALLY [2] 1902:8; 1990:1 PERSONNEL [3] 1988:2; 2030:21; 2041:19 PERSONS [2] 1904:8; 1906:1 PERU [i] 1944:10 PESTICIDES [i] 2016:8 PETROLEUM [4] 1962:12, 14; 1978:1, 5 PHILLIPS [4] 1962:12, 13; 1963:12, 14 Concordance by Look-See(61) PHOCIAN [3] 1902:23; 1904:16; 1905:6 PHYSICIAN [i] 1958:2 PHYSICS [i] 1961:13 PICK [i] 2004:25 PICTURE [i] 2004:23 PICTURED [i] 2007:25 PIECE [3] 1905:3; 1938:8; 2006:10 PIECES [2] 1991:17;2006:7 PILE [2] 1914:18, 19 PINE [3] i 2008:2, 6; 2011:16 PIPELINE [6] 1954:12; 1956:6, 10, 14, 19, 22 PIPELINES [i] 1999:14 PIPES [i] 1893:22 PLACE [3] 1920:24; 1926:17; 2018:8 PLACED [i] 1903:18 PLACES [3] 1883:12; 1989:28; 2030:14 PLAINTIFF [3] 1883:16; 1975:14; 2055:19 PLAN [12] 1886:22, 25; 1887:1; 1892:26; 1893:27; 1894:13, 23; 1939:6; 1943:7; 1946:18; 1953:25; 2023:6 PLANNED [ii 100^*1 PLANNING [2] 1942:24; 1949:25 PLANS [3] 1884:23; 1912:12 PLANTS [is] 1908:24; 1910:9; 1918:10; 1924:10; 1948:13; 1953:6; 1973:14; 1991:26; 1992:1, 14, 15; 2015:16; 2045:9, 12; 2046:6 PLASTICIZER [5] 1885:13, 25, 28; 1894:9; 2052:27 PLASTICIZERS [3] 1885:8; 1886:4; 2052:23 PLASTICS [2] 1894:9; 1991:11 PLF [i] 2056:6 PLURAL [i] 1954:2 PLUS [5] 1889:13; 1904:22; 1917:5; 1961:24; 2002:11 POINT [29] ; 1886:3; 1887:1, 6,9) 13, 25,28; 1888:5,15; 1889:7,11; 1892:14, 26; 1893:26; 1894:4; 1899:12; 1902:27; 1940:3; 1945:8; 1948:9; 1974:13; 1976:4, 13; 1994:4; 2012:18; 2017:14; 2018:3; 2025:6; 2036:3 POINTED [i] 2018:17 POINTER [i] 2035:22 POINTING [i] 2038:12 POINTS [3] Transwestern v. Monsanto Word Index From OPERATOR to POINTS WATER PCB-SD0000075886 Basic Systems Applications 1886:26; 1888:20; 1889:5 POLAND [2] 2002:20, 25 POUCY [11 1942:28 POLLUTION [i] 2050:12 POLYCHLORINATED [4] 1898:27; 1966:16; 2015:12; 2016:6 POOL [2] 1993:13 POPULAR [i] 1991:8 PORTION [4] 1889:28; 1960:14; 2015:4; 2025:12 PORTIONS [1] 1891:6 POSED [i] 2025:25 POSITION [8] 1947:9; 2002:7; 2021:7, 13, 19; 2025:3, 17 POSITIVE [2] 1900:15; 2025:21 POSSIBILITIES [2] 1896:12; 2029:4 POSSIBILITY [4] 1896:14; 1913:18; 2032:21; 2033:1 POST [i] 1914:25 POTENTIAL p] 1981:15; 1999:16 POTTER [1] 1971:16 POULTRY [2] 1944:5, 22 POUNDS [2] 1939:20; 1964:27 POUR [i] 1899:12 POURS [i] 1994:3 PRACTICAL [i] 2002:1 PRACTICED [i] 1975:24 PRECAUTIONARY [i] 1979:13 PRECAUTIONS [i] 2015:22 PREFECTURE [i] 1960:13 PREFERRED [i] 1940:16 PREPARATION [i] 2011:7 PREPARED [3] 1977:17; 2009:14; 2050:20 PREPARING [21 2047:24; 2052:15 PRESENCE [6] 1993:8; 2006:21; 2007:12, 16; 2014:10; 2034:10 PRESENT [10] 1938:28; 1958:1; 1961:27; 1971:22; 1978:5,20; 1997:5; 2004:1; 2007:11; 2042:17 PRESENTATION [6] 1885:3; 1938:3, 6, 15; 1996:14; 2052:15 PRESENTLY [i] 2049:2 PRESERVATION [i] 1950:18 PRESIDENT [2] 1947:8, 15 PRESS [6] Trial Transcript [December 7,1993] 2014:25, 28; 2031:11; 2042:6, 14, 15 PRESSURE [5] 1893:2; 1961:8; 1963:8; 1999:24; 2000:2 PRESUMABLY [i] 1984:4 PRETTY [8] 1907:5; 1925:8; 1953:12; 1963:7; 1972:27; 1973:11; 2003:27; 2031:22 PREUSS [22] 1946:10; 1947:18; 1949:6; 1956:27; 1957:2; 1974:12; 1975:10, 11, 19; 1982:20, 24; 1996:4, 16, 19; 2012:16, 28; 2013:1; 2019:2; 2052:12; 2053:22; 2055:23 PREVENT [2] 1988:8; 1999:2 PREVIOUSLY [2] 1883:18; 1975:16 PRICE [i] 2002:8 PRIMARILY [6] 1978:3; 1987:28; 1991:5; 2007:23; 2037:18; 2038:11 PRIMARY [i] 1976:6 PRINCIPAL [8] 1970:2, 13; 1975:27; 1989:10; 1990:12; 2001:18; 2002:13; 2006:14 PRINT [i] 1935:10 PRINTED [3] 1902:21; 1911:13; 1917:14 PRINTING [2] 1911:4; 1914:1 PRIOR [i] 1985:28 PRIVATE [3] 1970:10; 2009:10, 24 PROBLEM [13] 1884:12; 1908:3; 1915:2, 3; 1933:2; 1934:11; 1943:5; 1972:24; 1973:5; 2012:3; 2014:9; 2020:24; 2031:25 PROBLEMS [6] 1946:7; 1976:14; 1978:21; 1988:23; 1989:24; 2013:22 PROCEDURE [i] 2008:15 PROCEDURES [8] 1973:12, 24; 1975:23; 1978:14; 1979:7; 2023:28 PROCEEDING [i] 1920:24 PROCEEDINGS [2] 1883:10; 2054:3 PROCESS [7] 1895:3, 5; 1914:9; 1962:22; 1973:26; 1989:20; 2049:2 PRODUCED [2] 1897:28; 2016:11 PRODUCER [i] 2001:27 PRODUCERS [3] 2002:15, 18, 20 PRODUCES [i] 2022:18 PRODUCTION [3] 2002:27; 2015:20; 2034:8 PROFESSIONAL [i] 1961:26 PROGRAM [7] 1886:11; 1890:17; 1903:10; 1946:26; 2018:14; 2022:28; 2043:19 PROGRAMS [3] 1970:22, 23; 2026:4 PROGRESS [i] 1970:18 PROHIBITED [i] 1943:19 PROJECTED [i] 1939:22 PROJECTS [i] 1962:28 PROLONGED [6] 1978:25; 1980:7, 8; 1984:16; 1988:7, 12 PROMPTLY [i] 1988:16 PRONUNCIATION [i] 1899:20 PROPER [6] 1902:18, 19; 1948:24; 1965:1; 1970:19; 1982:5 PROPERLY [8] 1892:24; 1896:1, 5, 6; 1956:11; 1970:16; 1990:3; 2015:18 PROPERTIES [3] 1986:25; 1998:21; 2000:16 PROPERTY [i] 1998:10 PROPOSED [4] 1904:16; 1906:14; 1911:8; 1950:7 PROTECTION [5] 1951:9, 22; 1984:16; 1988:2, 6 PROVE [i] 2028:4 PROVIDE [5] 1897:4; 1947:10; 1985:24; 2009:4; 2018:8 PROVIDED [7] 1972:19, 26; 1973:9; 1977:21; 1988:5, 13; 1999:21 PROVISIONS [2] 1883:17; 1975:15 PROXIMITY [i] 2034:20 PUBLIC [5] 1930:28; 1993:13; 2033:9, 11; 2050:11 PULL [i] 2025:1 PULMONARY [i] 1988:5 PUMP [6] 1894:28; 1895:2, 5, 10, 15; 2001:8 PUMPS [i] 1965:18 PURCHASE [2] 1916:19, 28 PURCHASING [i] 1916:17 PURPOSE [5] 1911:21; 1912:25; 1978:7; 1988:10; 2048:5 PURPOSES [2] 1926:25; 2002:1 PUSH [i] 1963:5 PUSHED [i] 2000:2 PUSHING [i] 2001:9 PUZZLING [i] 2016:9 PYDRAUL [2i] 1887:14, 17; 1906:19; 1907:8, 15; 1908:12; 1924:13; 1927:1, 3, 27; 1928:7, 13, 17; 1929:1, 12, 28; 1931:8; 1932:11; 1935:28; 1936:11; 1937:15 PYDRAULS [14] 1887:21; 1891:24, 25; 1906:27; Concordance by Look-See(62) 1907:25; 1909:20, 23; 1925:7, 8; 1934:19, 28; 1941:5; 1965:23; 2000:28 -Q- QUALITY [2] 1950:22; 1964:28 QUANTIFICATION [2] 2031:24; 2038:18 QUANTIFY [2] 2012:8; 2021:8 QUANTITIES [2] 2016:12; 2028:27 QUANTITY [3] 2004:2, 3; 2028:25 QUART [i] 1895:2 QUEENY [25] 1891:25; 1917:16; 1918:16, 20, 22, 28; 1919:2, 8; 1920:14, 16; 1921:5, 12; 1922:11, 12; 1931:23; 1932:4, 9; 1963:26; 1965:2, 3, 7, 24, 25; 1966:2; 1972:6 QUESTION [12] 1897:18, 21; 1898:23; 1947:23; 1981:20, 27; 1982:2; 2003:28; 2005:6; 2016:12; 2021:16; 2025:25 QUESTIONABLE [1] 2038:19 QUESTIONED [8] 2026:17, 24; 2031:2; 2032:5, 8, 27; 2046:28; 2048:8 QUESTIONING [2] 1996:18; 2029:7 QUESTIONS [2] 1897:5; 1902:12 QUIET [i] 1905:1 QUIRK [3] 1923:2, 11, 20 QUOTE [5] 1898:5; 1916:6; 1921:7, 8; 1995:25 QUOTES [i] 1987:28 QUOTING [2] 1901:11, 12 -R- RAIN [i] 2028:19 RAISED [5] 1957:14; 1981:20,21; 2017:3; 2029:7 RAISES [i] 2016:12 RANGE [i] 2027:28 RANGING [i] 1964:1 RAPIDLY [i] 1891:8 RARE [i] 2015:21 RE-LABEL [i] 1902:4 RE-MIX [i] 1936:15 REACH [i] 1953:4 REACT [3] 1961:8; 1998:17; 2007:15 REACTION [2] 2013:4; 2028:21 READ [36] 1897:15; 1907:13, 19; 1920:21; POLAND to READ Word Index Transwestern v. Monsanto WATER PCB-SD0000075887 Basic Systems Applications 1923:27; 1929:11, 15; 1949:1; 1973:28; 1977:23; 1978:17, 28; 1979:21, 23; 1983:24; 1984:23; 1986:22; 1987:26; 2007:6, 10; 2015:9; 2016:4; 2017:17, 18; 2020:19; 2021:1; 2022:3, 25; 2023:18; 2024:19; 2025:12; 2028:1, 13; 2029:13; 2048:11; 2049:21 READABLE [3] 1982:22,23; 1985:10 READER [i] 2045:25 READING [i] 1898:4 READINGS [i] 2036:10 READS [i] 1936:28 REAL [2] 1976:3; 2024:21 REALISTIC [i] 1952:11 REALIZED [i] 1901:7 REASON [S] 1889:7; 1895:27; 1952:4, 5, 13; 1959:20; 1978:24; 2016:21 REASONABLE [i] 1906:21 REASSURING [i] 2028:5 RECALL [28] 1884:15; 1894:17, 20, 22; 1897:11; 1903:7; 1926:13; 1949:26; 1950:16; 1951:3, 18; 1953:1; 1954:3; 1955:13; 1971:13; 1977:4; 1979:26; 2013:14; 2014:20; 2032:10; 2033:5; 2035:16, 24; 2042:20; 2047:2; 2050:22, 23; 2052:4 RECEIVE [3] 1959:10; 1981:14; 1983:2 RECEIVED tin 1904:21; 1931:20, 21; 1941:23; 1958:9; 1962:13; 2003:16, 17, 21; 2013:13; 2049:14 RECEIVING [4] 1921:13; 1958:17; 1962:9; 2008:10 RECESS [8] 1933:14, 17; 1974:13, 15, 18; 2012:22, 25, 26 RECIPE [i] 1932:22 RECIPIENTS [2] 1930:16; 2032:6 ` RECOGNIZES [i] 1996:17 RECOLLECTION [5] 1903:2, 15; 1948:25; 1949:3; 2033:4 RECOMMEND [2] 1985:28; 1988:12 RECOMMENDATION [4] 1884:11; 1903:12,15; 2031:27 RECOMMENDATIONS [2] 1988:1; 2033:25 RECOMMENDED [4] 1978:21, 25; 2015:22; 2042:19 RECORD [6] 1911:16; 1920:13; 1921:4,12; 1983:14; 1996:14 RECORDING M 1926:8 RECORDS [i] 1910:3 RECOVERY [11 1963:6 RECROSS [i] Trial Transcript [December 7,1993] 2056:6 RED [i] 2000:5 REDDENING [3] 1976:17; 1988:25, 27 REDESIGN [i] 1907:16 REDESIGNING [i] 1907:11 REDIRECT [i] 2056:6 REDUCE [i] 1914:5 REDUCES [i] 1978:4 REFER [7] 1885:9, 14, 24; 1891:23, 27; 1904:6; 1941:17 REFERENCE [iij 1897:26; 1929:18; 1932:15; 1943:21; 2021:23; 2022:9, 13, 24; 2044:18, 25; 2052:20 REFERENCED [4] 1898:18; 1921:8; 1987:8; 2053:8 REFERRED [io] 1890:11; 1892:26; 1894:4; 1905:5; 1912:9; 1964:10; 2000:28; 2011:9; 2014:20; 2041:14 REFERRING [4] 1916:27; 1917:9; 1928:21; 1983:8 REFERS [io] 1887:25; 1911:7; 1921:6; 1923:15; 1924:18; 1941:19; 2023:2; 2024:2, 3; 2043:14 REFINING [2] 1962:23; 2010:12 REFLECT [i] 2016:19 REFLECTED [2] 1903:8; 2021:14 REFLECTS m 1QQR-15 REFORMULATED [2] 1908:13; 1927:4 REFORMULATING [i] 1906:27 REFORMULATION [7] 1906:22; 1925:15, 18; 1934:20; 1935:1, 28; 1941:18 REFORMULATIONS [i] 1924:14 REFRESH [51 1903:14; 1948:15; 1949:12; 201p:22; 2052:18 REFRESHES [2] 1903:1; 1949:3 REFRESHING [2] 1902:10; 2047:7 REGARD [3] 1988:1; 1995:24:2030:11 Regarding [&] 1896:23; 1915:18; 1926:28; 1949:25; 1964:27; 1979:13; 1990:13; 2041:1 REGISTER [i] 1960:26 REGISTERED [2] 1960:22; 1961:19 REGISTRATION [2] 1961:23; 1962:5 REGULAR [2] 1890:28; 1929:14 REGULATION [2] 1950:11; 2032:22 REGULATIONS [i] 2033:11 RELATE [2] 1978:13; 1980:20 RELATED [5] 1946:7; 1959:27; 1979:28; 2020:24; 2021:13 RELATES [2] 1887:6, 28 RELATING [3] 1906:14; 1990:23; 2038:11 RELATIONS [i] 1931:1 RELATIONSHIP [i] 2014:2 RELATIVE [2] 1981:10; 2015:16 RELEASE [3] 2014:25, 28; 2031:11 RELEASED [3] 1972:18; 2029:2; 2050:2 RELIABLE [3] 2010:16, 28 RELIED [3] 1893:18; 1953:9; 2002:14 RELIEVE [i] 1988:17 RELIEVED [i] 2033:16 REMAIN [3] 1962:18; 1968:3; 2048:13 REMAINED [i] 7560:3 REMAINING [i] 1963:4 REMAKE [2] 1941:8, 24 REMAKING [i] 1906:27 REMEMBER [17] 1883:27; 1894:14; 1943:21; 1948:14; 1950:24, 25; 1951:6, 20, 24; 1965:8; 1975:26; 2004:17; 2006:6, 20; 2009:2; 2014:24; 2023:3 REMEMBERING [i] 1902:9 REMIND [i] 2053:24 REMINDS [i] 7594:72 REMOTELY [i] 2028:20 REMOVAL [2] 1934:18, 27 REMOVE [i] 1980:9 REMOVER [ii 1984:20 REORGANIZATION [i] 7969:8 REORGANIZATIONS [i] 7960:7 REPAIR [2] 1896:3; 1984:1 REPAIRING [i] 1965:17 REPEAT [i] 2021:16 REPEATED [2] 1978:25; 1979:2 REPLACE [7] 1887:2, 9,22; 1892:11;1893:8; 1896:13; 1924:28 REPLACEMENT [5] 1884:19; 1895:14; 1896:18; 1931:2; 1978:1 REPLIED [i] 1906:6 REPORT [so] 7884:23; 1886:7; 1930:9, 10, 13; 1933:1; 1934:18; 1935:4, 20; 1937:25; 1973:27; 2005:7; Concordance by Look-See(63) 2006:16; 2013:5, 8, 9, 13, 15, 24; 2014:22; 2026:18; 2027:18; 2029:3; 2037:6; 2046:16; 2047:6; 2049:4; 2050:14, 16, 25 REPORTED [ii] 1951:9; 1965:16; 7985:70; 1990:16; 2004:5; 2013:18; 2016:12; 2021:19; 2034:26; 2039:19; 2046:7 REPORTER [3] 1883:6; 1975:6; 2055:27 REPORTING [12] 1900:28; 1904:14; 1935:22; 1937:3; 1940:22; 1942:23; 1970:17; 2004:16; 2007:15; 2020:16; 2031:14, 16 REPORTS [8] 1930:6; 1934:11; 1937:22; 1944:21; 2047:24; 2050:19, 24; 2057:7 REPRESENT [2] 1995:6; 2050:10 REPRESENTATIVE [3] 1954:12; 2003:18; 2022:27 REPRESENTATIVES [9] 1954:16; 1970:9; 1979:9; 2018:20, 24, 25, 27; 2026:6, 8 REPRESENTED [4] 1933:7; 1995:19; 1997:26; 2003:3 REPRESENTING [i] 1902:2 REPRESENTS [2] 2005:14, 15 REPRINT [3] 1912:21, 22; 1913:13 REPRINTED [2] 7970:27; 1911:17 REPRODUCTION [2] 2013:22; 2014:9 REPS [i] 1954:25 REQUEST [6] 1916:27; 1920:21, 22, 26; 1921:2, 15 REQUESTED [i] 1884:22 REQUIRE [4] 7076:2; 1927:9; 1934:19, 28 REQUIRED [3] 1909:26; 1941:19; 1961:22 RESEARCH [2i] 1891:2, 4; 7800:23, 26; 1962:16, 17, 25, 27; 1989:14; 2010:7; 2012:6; 2014:1, 14; 2017:25, 27; 2019:26, 27; 2020:1; 2029:24; 2034:7; 2043:13 RESEARCHER [i] 1971:28 RESEARCHERS [4] 1951:7; 1952:24; 2026:7, 10 RESEMBLES [21 2005:23; 2022:20 RESIDE [i] 7958:5 RESIDUE [i] 2017:23 RESIDUES [i] 2023:21 RESIST [i] 7008:77 RESISTANCE [3] 1978:3; 1998:24; 2000:17 RESISTANT [i] 1898:3 RESPECT [14] 1897:16; 1941:13; 1942:28; 7950:72; 1972:10, 73; 1980:4; 1998:7; 2003:1; 2033:24; Transwestern v. Monsanto Word Index From READABLE to RESPECT WATER PCB-SD0000075888 Basic Systems Applications 2039:20; 2048:6, 16; 2049:19 RESPECTED [i] 1970:27 RESPECTIVE [2] 1883:12; 1997:19 RESPIRATOR [3] 1972:20, 24; 1976:16 RESPIRATORS [2] 1973:20; 1988:4 RESPOND [2] 1981:28; 2008:9 RESPONDS [i] 1898:8 RESPONSE [10] 1897:16; 1898:8, 18; 1920:21; 1921:8, 10; 1983:20, 23, 25; 2013:4 RESPONSIBILITIES [a] 1968:5; 1969:28; 2019:23 RESPONSIBILITY [s] 1945:12, 13; 1964:22; 1965:26; 1967:15; 1970:17 RESPONSIBLE [7] 1892:3; 1964:8, 23; 1965:21; 1968:12; 1970:19; 2020:2 RESPONSIBLY [i] 1970:26 REST [3] 1963:8; 1995:3; 2039:4 RESTRICT [2] 1951:2; 2025:18 RESTRICTED [a] 1948:22; 2032:22 RESTRICTION [i] 1950:7 RESULT [6] 1976:7, 8; 1984:13; 1990:4; 199318; 1998:21 RESULTED [i] 1896:2 RESULTS [8] 2010:16; 2021:8; 2031:16; 2039:18; 2040:12; 2043:24; 2046:20; 2050:4 RESUME [2] 1933:16; 1974:17 RESUMING [Sj 1883:10; 1933:18; 1975:9; 2012:24, 27 RETARDANCY [i] 1999:9 RETIRED [3] 1969:5, 12; 2027:7 RETIREMENT [i] 1969:16 RETURN [2] 1933:15; 1974:16 RETYPED [i] 1985:9 REVERSE [i] 2001:8 REVIEW [6] 1915:20, 24; 1990:14, 20; 2019:11:2028:7 REVIEWED [2] 1900:2; 1908:1 REVISE [i] 1924:27 REVISIONS [i] 1924:8 RHINE [i] 2040:24 RICHARD [9] 1989:14; 2019:19; 2020:1; 2031:5; 2032:6, 8, 28; 2047:28; 2052:1 RICHARDS [i] 2053:18 RIGHT-HAND [i] 1932:17 Trial Transcript [December 7,1993] RIGS [11 1963:1 RISEBROUGH [9] 2008:24; 2013:11, 24; 2014:15, 22; 2018:11; 2030:6; 2031:11; 2041:1 RISK [7] 1895:6; 1913:6; 1943:5; 1945:7, 10; 1946:27 RISKS [i] 1999:24 RIVER [7] 2035:21; 2040:24; 2048:10, 19, 20, 23; 2049:4 RIVERS fa] 2028:17, 23; 2029:1 ROAD [i] 2000:12 ROBERT [4] 1909:11, 12; 2019:18, 25 ROBIN [i] 2009:14 ROCKVILLE [i] 2008:26 ROOM [i] 1994:5 ROUGHLY [i] 1934:4 ROUND [1] 2009:13 RUABON [4] 2034:4, 5, 6 RUBBER [2] 1894:9; 1986:2 RUN m 2009:16 RUNOFF [i] 2028:17 RUNS [i] 2041:15 RUSSIA [2] 2002:20, 26 RYAN [6] 1949:16, 27; 1950:3, 10, 26; 1951:1 -S- S-A-U-G-E-T [i[ 1964:7 SACCHARIN [i] 1991:9 SAFE [3] 1973:5; 1977:7; 1980:5 SAFE-HANDLING [s] 1973:24; 1976:28; 1978:11,14; 1979:7 SAFELY [i] 1961:18 SAFEPLEX [i] 1991:16 SAFETY [8] 1928:1; 1974:5; 1982:17; 1983:12; 1986:19; 1987:23, 24; 2027:15 SALE [8] 1897:4; 1936:19; 1940:8; 1942:4, 17, 18; 1989:4; 2003:3 SALES [9] 1887:1; 1888:5; 1893:28; 1895:14; 1896:23; 1897:1; 1898:28; 1939:22; 1979:9 SALESMAN [i] 1981:21 SALESMEN [3] 1897:3; 1953:12, 15 SALMON [2] 1943:20; 2033:1 SALT [i] 1994:7 SALYER [3] 1883:6; 1975:6; 2055:27 SAMPLE [is] 2004:3; 2005:13; 2010:17; 2011:2, 6; 2022:16; 2024:7; 2034:28; 2038:5; 2039:7, 10; 2040:6, 15; 2043:3 SAMPLED [2] 2041:17, 19 SAMPLES [28] 2003:23; 2004:17; 2008:17; 2009:4, 14, 15; 2010:14; 2013:28; 2018:5; 2030:22, 24, 27; 2031:18; 2034:14, 19; 2035:7; 2036:4, 6, 10; 2037:7, 18; 2041:23, 26; 2044:28; 2045:4, 20; 2048:19, 28 SAMPLING [1] 2042:15 SAN [i] 2055:26 SANTA [i] IQ SANTOVAC [10] 1894:16, 18, 23, 26, 28; 1895:10; 1909:21; 1940:24; 1941:5; 2001:4 SATISFACTORY [i] 1977:28 SAUGET [4] 1964:7, 10, 15; 2042:2 SAVAGE [3] 1921:20, 25; 1922:5 SAYING [io] 1907:6, 7, 15; 1923:19; 1924:6, 26; 1928:12; 1937:12; 1938:14; 2024:9 SCARE [i] 1907:21 SCHEDULE [2] 1887:20; 2012:17 SCHOOL [31 1961:25; 2012:9, 12 SCIENCE [3] 1959:1, 7; 1962:11 SCIENTIFIC [4] 1995:28; 2017:26; 2051:7, 12 SCIENTIST [2] 2023:11, 12 SCIENTISTS [6] 1995:24; 2004:6; 2005:7; 2006:16; 2012:9; 2027:18 SCORE [i] 1933:28 SCOTT [i] 2010:5 SCREEN [2] 1979:21; 2020:21 SEA [3] 2028:26; 2041:2 SEALANTS [i] 1894:8 SEARLE [i] 1991:19 SEAS [2] 2028:23; 2029:1 SEAT [2] 2004:25; 2005:2 SEATS [2] 2004:24; 2005:1 SECOND [14] 1901:24; 1902:27; 1905:21; 1909:3; 1916:15; 1918:23; 1951:3, 6; 1983:24; 1984:19; 2020:20; 2025:14; 2031:26; 2049:20 SECONDARY [i] 1963:6 SECRET [4] 1901:10, 15, 17, 22 Concordance by Look-See(64) SECTION [7] 1975:15; 1977:6; 1978:9, 13, 28; 1980:17; 2021:2 SEDIMENT [4] 2011:21; 2031:17; 2044:14; 2045:11 SEEK [2] 1958:24; 1989:6 SELECTED [i] 2052:3 SELF-EMPLOYED [i] 1969:18 SELL [6] 1896:10; 1920:4; 1943:4; 1945:5; 1946:18; 1953:15 SELLING [7] 1895:18; 1896:12, 17; 1939:25; 1942:28; 1955:3, 8 SENATOR [i] 1951:21 SEND [i] 2048:3 SENDING [3] 1904:15; 1922:6, 26 SENIOR [i] 1947:16 SENSE [4] 1892:6; 1945:17, 19; 1971:27 SENSITIVE [i] 2005:4 SENTENCE [12] 1929:11; 1978:27; 1984:24; 1986:22; 2007:7; 2020:20; 2021:4; 2022:4; 2023:17, 22; 2024:18; 2048:26 SEPARATE [4] 1995:4, 5, 6; 2042:7 SEPARATED [i] 2000:3 SEPARATES [i] 2005:13 SEPTEMBER [ii] 1897:8, 10; 1898:12; 1931:19; 1933:1; 1935:4; 1940:13, 18; 1941:7; 1950:6; 1957:11 SERIES [3] 1934:10; 1943:8, 13 SERIOUS [3] 1978:20; 2028:4, 10 SERVE [3] 1911:21; 1970:3; 1988:10 SERVED [3] 1960:16; 1970:14, 20 SERVICE [5] 1959:21, 26; 1960:4, 11; 2007:27 SERVICES [2] 1964:5; 1965:21 SERVING [i] 2027:8 SEVENTH [2] 1933:25; 2050:27 SEVERE [2] 1976:14; 1988:18 SHANAGHER [i] 2055:23 SHARED [3] 1903:6; 2050:5; 2051:1 SHARP [i] 1991:17 SHEARMAN [i] 2055:19 SHEET [i] 1933:28 SHELF [i] 2006:3 SHELL [i] 2073:25 SHELLS [2] 2013:19 RESPECTED to SHELLS Word Index Transwestern v. Monsanto WATER PCB-SD0000075889 Basic Systems Applications SHIFT [1] 1943:5 SHIP [i] 1923:12 SHIPPED [2] 1979:12; 2041:20 SHIPPING [4] 1917:5; 1923:20; 1951:4; 1990:7 SHIRT-AND-TROUSERS [i] 1973:10 SHOW [12] 1902:28; 1939:19; 1948:26; 1979:18; 1981:5; 1982:6; 1986:4; 1995:12; 2016:11; 2028:3,15; 2035:5 SHOWING [i] 1932:8 SHOWS [5] 1919:10, 15; 1932:17; 2053:7, 9 SHUTTING [i] 1984:15 SIC [3] 2024:21, 24; 2025:5 SICK [i] 1944:23 SIDO [21] 1909:11, 13, 15; 1910:1, 5; 1915:16, 28; 1916:21, 25; 1922:6; 1923:28; 1924:4, 26; 1925:24, 27; 1926:12, 13, 23; 1927:24, 26; 1928:12 SIGN [6] 1946:2, 6, 17; 1953:28; 1954:17, 27 SIGNAL [i] 1976:9 SIGNATURE [i] 1904:1 SIGNED [3] 1942:16; 1947:16; 1955:4 SIGNIFICANCE [2] 2006:17; 2007:12 SIGNIFICANT [2] 1914:22; 2028:27 SIGNING [4] 1945:26; 1946:1; 1947:5, 8 SIGNS [i] 1942:25 SILENT [i] 1922:12 SILICON-BASED [i] 1986:1 SIMPLE [3] 1914:23; 1935:13; 2015:21 SINGLE [i] 1914:18 SINK [i] 2036:15 SIT [2] 1905:2; 2013:21 SITE [i] 2035:11 SITS [i] 2005:20 SITUATION [14] 1889:15; 1901:21; 1912:10; 1913:3; 1925:6; 1937:19; 1973:19; 1999:21; 2000:4; 2019:3; 2028:11; 2032:14, 26; 2040:7 SITUATIONS [i] 1990:21 SIX [8] 1885:17; 1886:26; 1894:4; 2022:6; 2043:9; 2044:6; 2050:25,28 SIX-MONTH [3] 1955:5;2050:23,27 SIX-POINT [3] Trial Transcript [December 7,1993] 1893:27; 1894:13, 23 SIXTH [i] 1888:5 SIZE [i] 2036:1 SKETCH [i] 1990:28 SKIN [14] 1976:8, 18; 1978:24, 25; 1979:14; 1980:8, 9; 1984:26; 1985:1, 21, 27; 1988:7, 9, 27 SKIN-CONTACT [i] 1988:24 SLIDE [2] 1938:21; 1939:18 SLOWLY [i] 2029:1 SMELL [3] 1994:8, 11 SNOW [i] 2041:14 SOAKED [i] 1980:12 SOAP [i] 1980:10 SOCIETIES [2] 1961:27; 1962:1 SOCIETY [2] 1898:16; 1962:4 SOILED [i] 1973:7 SOLD [io] 1885:21; 1891:20; 1896:13, 16; 1910:12; 1936:19; 1939:20; 1940:23; 1944:19; 2007:26 SOLDIERS [i] 1960:21 SOLICITING [i] 1905:28 SOLID [41 1952:20; 1994:5; 2010:14; 2011:16 SOLUBLE [i] 2036:14 SOLVENT [i] 1978:23 SOMEBODY [2] 1915:25; 1961:11 SOMEONE [i] 1981:24 SOMEWHERE [i] 2035:19 SON [3] 1958:2, 7, 8 SOPHISTICATED [ij 2006:10 SORRY [5] 1925:16; 2021:6, 17; 2042:9; 2044:22 SORT [5] 1952:18; 1976:9; 2023:13; 2051:7; 2052:1 SOUGHT [i] 1958:18 SOUNDS [i] 1951:19 SOURCE [5] 1974:3; 1986:24; 1989:13; 1990:12; 2017:23 SOURCES [i] 1974:7 SOUTH [i] 2055:21 SPAIN [i] 2002:19 SPEC [2] 2005:26; 2006:14 SPECIAL [3] 1925:2; 1973:17, 21 SPECIALITY [i] 1991:14 SPECIALLY [i] 1921:9 SPECIES [3] 2021:9, 23; 2043:16 SPECIFIC [5] 1884:23; 1888:3; 1903:7; 1923:23; 1930:1 SPECIFICALLY [4] 1922:13; 1950:22; 1967:27; 1977:26 SPECIFICATION [i] 2006:6 SPECTROMETER [2] 2005:11, 17 SPECULATION [i] 2029:5 SPEECH [i] 1949:28 SPEECHES [i] 1950:11 SPEND [i] 2010:6 SPILL [i] 1972:18 SPOKE [i] 1989:11 SPOKEN [i] 2029:18 SPONSORED [i] 1936:8 SPOT [i] 1973:4 SPRAYED [i] 2016:7 SPRING [i] 1883:25 SPRINGGATE [5] 1908:7; 2051:15; 2052:3, 19, 26 ST [ii] 1918:23; 1957:9, 13, 15; 1958:5, 12; 1963:21, 27; 2030:25; 2034:12; 2048:20 STABILITY [3] 1998:23; 2000:17; 2007:23 STABLE [3] 1998:16, 20; 2008:3 STACK [i] 1913:23 STADIUM [3] 2004:23, 25, 28 STAND [i] 1899:22 STANDARD [s] 1927:9, 12; 2022:9, 13; 2042:23, 24, 25, 27 STANDPOINT [i] 1983:12 STANDS [i] 1899:16 START [3] 1961:9; 1992:7; 2021:3 STARTED [in 1902:15,18; 1903:22; 1930:5; 1945:19; 1949:16; 1953:1; 1960:5; 1968:1; 1989:21; 1991:5; 1992:9; 1995:7; 2010:23; 2017:10; 2050:4; 2051:13 STARTING [4] 1897:8; 1935:28; 1965:28; 2047:20 STARTS [2] 1932:11; 2023:23 STATE [8] 1898:5; 1948:7; 1950:13; 2033:8; 2049:26; 2050:9, 10, 17 STATED [i] 2038:16 STATEMENT [14] Concordance by Look-See(65) 1897:18; 1904:23; 1905:2; 1910:21; 1916:3; 1927:16, 28; 1928:14, 18; 1929:4, 13, 20, 26; 2027:1 STATEMENTS [2] 1979:13; 1981:3 STATES [3] 1950:28; 1960:21; 2019:21 STATION [i] 1988:14 STATUS [13] 1930:6, 9, 10; 1933:1; 1934:11; 1935:20; 2047:6, 24; 2049:4; 2050:14, 16, 19, 24 STAY [4] 1895:15; 1968:25; 2009:9, 18 STEAM [1] 1999:25 STEEL [i] . 2007:27 STEP [ii 1914:23 STEPS [2] 2030:10, 12 STERLING [i] 2055:19 STICK-ON [20] 1907:9, 16, 17, 24; 1910:8; 1911:20, 22; 1912:25; 1913:8; 1914:2, 19, 26; 1917:8; 1922:7, 19; 1924:28; 1927:13; 1929:8, 14 STICKER [9] 1908:17; 1912:23; 1913:12, 13, 24; 1920:13; 1928:7, 10, 19 STICKLES [3] 2022:25, 26; 2023:9 STICKY [i] 1952:16 STOCK [ii 1907:7 STOCKHOLM [i] 2007:? STOP [i] 2015:23 STORE [i] 1914:24 STRAIGHT [i] 2039:5 STRANGE [i] * 1972:11 STREAM [3] 1956:1, 8, 23 STREET [4] 1918:23,2055:21,25,28 STUCK [i] 1947:17 STUDIES [is] 1925:19; 1959:13, 14; 1978:19; 2010:17, 19; 2024:24; 2029:26, 28; 2030:1; 2043:16; 2044:6; 2046:5; 2047:8; 2049:16, 19; 2050:5, 20 STUDY [14] 1949:22,24; 2003:24; 2024:15; 2029:24; 2039:19; 2040:5, 18; 2043:18, 27; 2047:4; 2048:4, 7, 10 STUDYING [i] 2031:24 STUFF [s] 1895:14; 1896:13; 1900:20; 1907:20; 1946:2 STUMBLED [i] 1901:7 SUBJECT [9] 1923:8, 21; 1931:22; 1958:20; 1959:8; 1983:11; 1986:20; 1990:10;2011:9 SUBSEQUENT [3] Transwestern v. Monsanto Word Index From SHIFT to SUBSEQUENT WATER PCB-SD0000075890 Basic Systems Applications 2014:1, 14; 2028:18 SUBSTANCE [3] 1961:17; 2022:21, 22 SUBSTANCES [5] 1951:13; 1961:7; 2009:21; 2013:26; 2016:13 SUBSTITUTE [3] 1928:4; 1939:10; 2025:20 SUBSTITUTES [if 1931:10 SUBTRACT [i] 1957:26 SUCKING [i] 2007/70 sue m 1946:6 SUED [i] 1945:1 SUFFER [il 1988:22 SUGGEST [i] 1888:19 SUGGESTIONS [i] 1970:18 SUIT [1] 1948:11 SUMMARIZE [i] 1963:22 SUMMARY [9] 1908:3; 1920:11; 1978:7; 2026:22; 2027:1, 19; 2037:6; 2046:19; 2047:23 SUMMER [i] 1951:12 SUPERINTENDENT [6] 1964:3, 4, 8, 18; 1965:21 SUPERVISION [i] 1967:8 SUPERVISOR [6] 1914:7; 1964:2; 1971:11; 2019:25; 2047:26 SUPERVISORS [i] 1973:27 SUPPLEMENTAL [io] 1911:23, 26; 1912:2; 1913:13; 1920:13; 1921:4, 6, 7, 13; 1922:18 SUPPLEMENTARY [1] 1916:2 SUPPLIES [i] 1960:15 SUPPLY [3] 1910:8, 24; 1972:25 SUPPOSE [21 1929:15; 1960:1 SURFACE [i] 1963:5 SURFACES [il 1952:20 SURPRISE [3] 2007:18; 2016:21, 24 SURPRISING [1] 2008:10 SUSPECT [i] 1972:3 SUSPICION [il 2032:16 SUSTAINED [6] 1947:19; 1949:11, 13; 1996:3; 2019:1;2052:11 SWANN [3] 1992:13, 21, 23 SWEDEN [3] 1951:8; 2003:18; 2007:15 SWEDES [i] 2006:12 SWEDISH [7] 1950:17; 1951:8; 2004:6; 2005:7; 2006:16; 2016:13; 2018:16 Trial Transcript [December 7,1993] SWEETENER (21 1991:22 SWIMMING [2] 1993:13 SWITCH [i] 1968:8 SWITZERLAND [2] 1948:19; 1949:4 SWORN [2] 1883:18; 1975:16 SYMPTOM [il 1976:17 SYMPTOMS [i] 1976:22 SYNTHETIC [i] 1977:25 SYRUP [i] 1994:2 SYSTEM [ii] 1893:16, 17; 1896:3,17; 1913:5; 1955:24; 1956:3, 4; 1963:4; 1999:22; 2020:25 SYSTEMIC [2] 1984:13, 25 SYSTEMS [6] 1887:18; 1939:1; 1965:12; 1999:11; 2000:2; 2025:19 -T- T-A-N (il 1937:8 TABLE [3] 1914:28; 1994:7; 1996:28 TAKES [4] 1963:16; 1998:18; 2005:18; 2025:3 TALK [6] 1894:26; 1901:24; 1931:2, 8; 1997:11; 2033:22 TALKED [9] 7890:7, 70, 15; 1894:5; 1902:23, 25; 2000:11; 2004:7; 2021:25 TALKING [ii] 1883:24; 1885:12, 26; 1886:4; 1898:20; 1902:15; 1907:10; 1927:14; 1928:28; 1975:22; 2021:24 TALLON [24] 7883:73, 21, 23; 1897:14, 27; 1915:8; 1920:20; 1921:2; 1933:10,19, 20; 1946:16; 1947:20; 1949:8, 9, 12, 14; 1956:25; 1982:23; 1996:2; 2018:28; 2032:27; 2052:10; 2055:19 TANK [2] 7900:77, 78 TANKS [il 2007:27 TAPPING [i] 1963:2 TARGET [3] 1902:9; 1953:4; 1970:24 TARGETS [i] 1964:27 TASK [4] 1996:15; 2053:8, 70, 72 TAUGHT [3] 1972:13, 20; 1976:10 TEAM [5] 1960:12; 2010:6; 2030:25, 26; 2051:12 TECHNICAL [7] 7888:28; 1896:27; 1898:24, 28; 1970:9; 1986:28; 2029:8 TECHNIQUE [3] 2010:24;2038:9, 11 TECHNIQUES [2] 1972:9; 1976:28 TECHNOLOGY [i] 1963:3 TELLING [8] 1901:5, 18, 22; 1907:3; 1909:15; 1915:28; 1923:12; 1941:12 TELLS [3] 1922:5; 2005:18; 2045:25 TEMPERATURE [3] 1961:8; 1984:7, 9 TEMPERATURES [3] 1979:2; 1994:5; 1999:23 TEN [i] 1968:16 TEND [I] 2036:10 TENDENCY [1] 1952:20 TENTATIVE [1] 1936:10 TENTATIVELY [i] 2003:26 TERM [5] 1885:15, 23; 1899:7; 1921:5; 1940:1 TERMED [1] 2052:5 TERMINAL [4] 1943:24; 1944:7, 8, 25 TERMINALS [i] 1944:2 TERMINATE [2] 1888:5; 1893:28 TERMINOLOGY [2] 1890:8; 1896:25 TERMS [8] 1929:22; 2004:20; 2009:10, 11; 2031:19, 28; 2047:11; 2053:8 TERPHENYLS [2] 1927:8; 1966:16 TEST [io] 1937:6, 7, 8, 10; 1952:25; 2040:4, 10; 2043:17, 25; 2049:1 TESTED [2] 1900:14, 15 TESTIFIED [41 1883:18; 1933:22; 1975:16; 2018:18 TESTING [4] 7937:73; 1936:5, 7; 1941:12 TESTS [7] 1890:12; 1925:21; 1937:4, 13; 1977:27; 2043:24; 2044:11 TEXAS [16] 1898:12; 1941:22; 1942:20,24; 1953:27; 1954:3, 8, 9, 16, 22, 26; 7955:8; 7982:27, 25; 1986:9, 13 THANK [9] 1903:21; 1933:20; 1975:11; 1979:4; 1986:3; 1988:20; 1998:6; 2007:14; 2013:1 THEORY [i] 2022:5 THERMINOL [4] 1910:15; 1924:18, 27; 1925:2 THERMINOLS [4] 1910:14; 1924:21, 24; 2000:26 THICK [i] 1994:2 THICKER [2] 7993:28 THIN [3] 1993:25; 2013:20 THINKING [5] 1888:17; 1889:26; 1894:15; 1910:13; 1928:26 THINNING [51 2010:25; 2013:16, 25; 2014:2, Concordance by Look-See(66) 16 THIRD [5] 1924:12; 7985:23; 1987:12; 2025:73; 2037:3 THIRTIES [i] 1957:25 THOUSAND [2] 2005:1, 2 THREAT [i] 2029:17 THREATENED [il 1948:11 THREE [22] 1886:25; 1887:9, 13; 1888:9; 1892:26; 1992:14; 1997:14; 2012:23, 24; 2015:10; 2019:23; 2020:7; 2021:25; 2025:1, 21, 25; 2036:5; 2041:9, 17; 2045:4; 2047:8 THROW [i] 1913:22 THUMBNAIL [i] 1990:28 TIMES [4] 1920:18; 1972:17; 1976:12; 1989:28 TIMING [2] 1886:2; 7957:78 TISSUE [2] 2011:16 TITLE [14] 1940:20; 1960:27; 1962:15; 1967:27; 1968:2, 4, 11, 27; 1969:3; 1997:3; 2023:7; 2027:11; 2047:22; 2051:27 TITLED [2] 1903:26; 1908:3 TITLES [ii 1977:6 TOKYO [i] 1889:22 TOMORROW [i] 2053:28 TOPICS [i] 1930:16 TOPMOST [i] 2021:2 TOTAL [13] 1907:11; 1948:21; 1949:5; 1951:3; 1952:8, 11; 1960:28; 1994:28; 1995:7; 2003:4; 2007:17; 2020:23; 2032:22 TOTALLY [3] 1889:28; 1942:1; 1952:14 TOUCH [i] 1902:26 TOUCHING [2] 1946:24; 2000:7 TOWARDS [i] 2000:78 TOWN [i] 2035:13 TOX [3] 2030:1; 2043:18; 2050:19 TOXIC [3] 7957:73; 2015:12, 20 TOXICITY [9] 1949:22, 24; 1977:7; 1978:10, 19, 21; 1986:25; 2015:14; 2020:6 TOXICOLOGIC [2] 2029:20; 2049:16 TOXICOLOGICAL [2] 2029:16, 28 TOXICOLOGY [3] 2026:19; 2027:14; 2043:15 TOXILOGICAL [3] 2024:21, 24; 2025:5 TRACES [2] 2027:23, 26 SUBSTANCE to TRACES Word Index Transwestern v. Monsanto WATER PCB-SD0000075891 Basic Systems Applications TRACK [2] 1970:15, 23 TRACT [1] 1988:5 TRADE [2] 1910:13; 1994:16 TRADEMARKS [i] 2000:20 TRAFFIC [i] 2000:12 TRAINING [3] 1960:2; 1961:13; 1974:10 TRAN [2] 1898:1, 2 TRANSFER [7] 1887:5, 7; 1910:14; 1999:11, 13, 20; 2000:25 TRANSFERRED [2] 1960:6; 1964:6 TRANSFORMER [i] 2008:1 TRANSFORMERS pj 1887:26; 1888:18; 1965:14,19; 2001:17 TRANSLATE [i] 2036:21 TRANSMISSION [i] 1938:28 TRANSPARENCIES [ij 1938:5 TRANSWESTERN [29] 1883:11, 16; 1884:1; 1897:15; 1898:1; 1900:1; 1904:4; 1906:4;' 1907:27; 1910:26; 1921:9, 17; 1930:2, 8; 1934:7; 1935:16; 1937:28; 1940:10; 1954:12, 17, 20; 1975:14; 1985:6; 1987:9, 16; 1995:13; 1996:11; 2006:24; 2046:26 TREAT [1] 2024:7 TREATMENT [i] 1953:6 TRIAL [6] 1883:10; 1897:19, 22; 1920:24; 1933:25; 2011:7 TRIES [i] 2005:13 TRIP [i] 2020:8 TRUCK [2] 1900:11,18 TRUE [ill 1895:17; 1910:23; 1919:1, 7; 1920:27; 1921:1; 2014:17; 2015:14; 2017:15; 2029:12; 2045:15 TSCA [21 1951:17,21 TUBES [i] 1952:25 TUCKER [22] 1996:22; 2010:5; 2030:25, 26; ` 2031:6, 14; 2034:2, 13; 2037:1, 6, 9; 2041:18, 20, 27; 2044:11; 2046:2, 16, 21, 23; 2047:5, 24; 2048:16 TUESDAY [ij 1975:1 TUNED [i] 2009:19 TURBINE [4] 1893:22; 1955:24; 1977:27; 1986:21 TURBINES [5] 1936:22; 1942:7,9,12; 1955:20 TURBINOL-153 [9] 1911:10; 1936:13, 15; 1939:4; 1942:21; 1953:19, 23; 1981:10; 2001:2 Trial Transcript [December 7,1993] TURBINOL-153A [4] 1936:12, 18; 1937:1, 4 TURNING [i] 2041:6 TWO-STEP [ij 1914:8 TYPE [isi 1941:6; 1977:17; 1980:2; 1982:28; 1991:11; 1994:2, 13; 2004:5, 7, 8; 2005:6; 2021:27; 2038:20, 23; 2047:4 TYPED [i] 1985:8 TYPES [3] 1892:2; 1996:28; 1997:2 TYPICAL [11 1983:4 -u- 1915:21; 1916:1; 1965:10; 1968:21, 23 UNIVERSITY [6] 1958:10, 26, 27; 1970:10; 2008:25; 2013:11 UNKNOWN [2] 2022:19, 22 UNRELATED [i] 1943:15 UPDATE [i] 2050:24 USEFUL [2] 1961:11; 2000:9 USER [2] 1966:6; 1999:22 USES [5] 1888:7; 1894:2, 4, 5; 2007:24 USFDA [ij 2049:26 U.S. [71 1950:21; 2001:27; 2015:19; 2018:24, 27; 2049:26; 2050:6 UH-HUH [22] 1885:19; 1887:19; 1903:13; 1920:8; 1926:22; 1934:5, 22; 1935:3, 8; 1936:24; 1939:23, 27; 1952:28; 1960:24; 1989:5; 1995:23; 2002:1; 2003:10; 2010:9; 2020:10; 2032:4; 2050:18 UK [i] 2045:4 UNABLE [i] 1921:11 UNAFFECTED [i] 2048:14 UNDERGOING [4} 1907:9; 1925:15, 18; 2029:24 UNDERGRADUATE [i] 1958:22 UNDERSTAND [is] 1885:24; 1917:21; 1936:7; 1956:7; 1968:4; 1971:1; 1981:9; 1982:27; 1983:26; 1992:23; 2002:19; 2017:1; 2022:14; 2024:23; 2051:21; 2052:8 UNDERSTANDING [36] 1893:17; 1895:4; 1924:7; 1946:15; 1955:1, 2, 21; 1981:10; 1986:15; 2002:10; 2003:20; 2004:27; 2007:19; 2008:2; 2016:19; 2019:15; 2021:12, 18, 22; 2024:1; 2025:24; 2027:17, 21, 25; 2028:6; 2033:26; 2035:6; 2037:9; 2038:1; 2040:4, 19; 2042:13; 2044:27; 2048:15; 2050:3; 2052:13 UNDERSTOOD [14] 1890:22; 1891:22; 1893:15; 1907:2; 1919:13; 1936:21; 1946:14; 1953:16; 1956:21; 1975:23; 1978:6; 1982:13; 2008:5; 2009:25 UNDERTAKE [i] 1915:24 UNDERWAY [2] 2018:2, 15 UNFORTUNATE [i] 1943:26 UNFORTUNATELY [i] 1889:18 UNIQUE [2] 1973:12, 16 UNIT [5] 1944:11, 14, 17; 1969:2; 2006:7 UNITED [3] 1950:28; 1960:21; 2019:21 UNITS [5] -V- VACUUM [9] 1892:2; 1894:15, 28; 1895:5, 10, 15; 2001:5, 6, 11 VALLEY [i] 1957:8 VALLEYS [i] 2005:15 VALUABLE [i] 1974:7 VANISH [i] 2000:14 VAPOR [ij 1984:17 VAPORS [4] 1980:7; 1988:15; 2010:14; 2011:25 VARIED [i] 2004:19 VARIES [2] 1981:19; 1993:21 VARIETY [2] 1930:16; 1995:9 VARNISH [2] 1999:15, 17 VARNISHES [i] 1894:8 VAST [i] 2028:25 VERSION [2] 1951:13; 1985:9 VERSUS [ij 1883:11 VICE-PRESIDENT [i] 1947:8 VICINITY [7] 2041:24; 2042:4; 2044:15, 28; 2045:9, 12; 2046:5 VIEW [2] 2032:14, 28 VILLAGE [ii 2035:13 VISCOSITY [i] 1899:11 VISIBLE [i] 1944:17 VISIT [3] 1936:3; 2020:13, 17 VISITED [3] 1936:9; 2019:16; 2027:17 VISITING [i] 2025:26 visrrs [i] 2027:20 VODDEN [2] 2034:2, 3 VOLUME [i] 2056:1 Transwestern v. Monsanto Word Index Concordance by Look-See(67) -W- W-A-R-F [1] 1899:16 WAIT [2] 1904:6; 1973:4 WALES [i] 2034:8 WALK [2] 2006:3, 4 WALKER [i] 2055:23 WALL [ij 1952:6 WANTED [7] 1889:5; 1893:9; 1942:4; 1945:14; 1990:2; 1997:16 WANTS [i] 1945:6 WAR [3] 1959:24, 25; 2028:27 WAREHOUSE [4] 1918:19, 20, 22; 1923:3 WAREHOUSES [ii] 1912:11; 1915:22; 1917:16; 1918:9, 18; 1919:11; 1922:27; 1923:3, 4, 12; 1924:10 WARF [3] 1899:19, 25; 1900:8 WARFARE [2] 1960:15, 19 WARNING [2] 1922:7, 20 WASH [i] 1973:1 WASHED [i] 1988:16 WASHING [2] 1980:10; 2028:19 WASHINGTON [3] 1948:11; 1958:10,26 WASTE [3] 1953:5; 2028:17, 18 WATER [25] 1952:23; 1953:5; 1963:3, 8; 1980:10, 11; 1988:17; 1993:25, 26; 2010:14; 2011:18, 20, 21; 2031:17; 2035:20; 2036:11, 15; 2044:14; 2045:11; 2048:10, 19, 23; 2049:4; 2050:12 WATERWAY [i] 2035:26 WAXES [i] 1952:27 WAYS [3] 1973:25; 1977:3; 2024:19 WEAR [2] 1973:7; 1976:20 WEARING [2] 1980:14, 15 WEDNESDAY [i] 2054:4 WEEK [i] 1888:23 WEEKS [4] 2048:14, 25; 2049:1, 4 WEEVIL [i] 1966:26 WEIGH [i] 1995:1 WEIGHT [4] 1995:7; 2005:19,21; 2022:11 WELLS [i] 1963:4 WERENT [6] 1885:1; 1891:6, 8; 1893:14; 1914:13; 1918:28 WESTINGHOUSE [i] 2001:22 WGK [i] From TRACK to WGK WATER PCB-SD0000075892 Basic Systems Applications _____________Trial Transcript [December 7,1993] 2041:27 WHEELER [8] 1989:12; 2019:18; 2020:4; 2031:6; 2047:27; 2049:12; 2052:1; 2053:19 WHENEVER [i] 1892:4 WHEREVER [z] 1917:17; 1973:2 WHICHEVER [i] 1979:22 WHOLLY [i] 1977:25 WIDESPREAD [z] 2015:18;2028:11 WIDMARK [Z7] 2003:8, 22; 2004:15; 2007:3; 2008:18; 2011:15; 2013:3; 2016:22; 2018:19,21,27; 2019:5, 16; 2020:9, 14, 17, 22; 2021:13, 19; 2023:1; 2024:22; 2025:2, 3, 17, 28; 2026:7; 2030:5 WILD [4] 2013:10, 23; 2014:3, 10 WILDLIFE [4] 2016:11; 2027:24; 2043:17; 2047:23 WILLIAM [3] 1883:15; 1975:13; 2056:8 WILLIAMS [z] 1987:23, 24 WILLING [1] 1955:3 WINDSHIELD [ii 1991:16 WISCONSIN [z] 1899:23, 25 WISEST [i] 1913:9 WISOT [1] 1975:3 WITNESS [3] 1883:16; 1946:15; 1975:14 WITNESSES [i] 2056:6 WOOD [Z] 2003:17, 21 WOODLANDS [i] 2016:8 WORD rn 1892:4; 1895:22; 1898:24; 1899:3; 1940:28; 2007:17; 2027:25 WORDING [ii] 1902:24; 1904:17,28; 1905:7, 10, 13; 1907:20; 1909:16; 1910:11; 1911:8; 1981:8 WORDS [9] 1890:21; 1898:27; 1902:19; 1907:10; 1928:16; 1929:6; 1970:25; 1980:27; 2025:14 WORK [30] 1891:2; 1900:17; 1905:6; 1914:28; 1941:13; 1942:13; 1958:25; 1959:13; 1960:8; 1961:3, 4; 1963:10; 1965:3; 1973:9; 1988:27; 1992:3; 2010:11; 2012:20; 2016:13; 2022:8; 2023:19; 2024:21; 2030:18, 19; 2038:13; 2039:11; 2042:6; 2043:25; 2047:17; 2052:14 WORKED [5] 1902:24; 1963:12; 1972:5; 1973:15; 1982:14 WORKER [z] 1976:23; 1988:22 WORKERS [7] 1914:6; 1973:27; 1976:2, 25; 1989:24; 1990:23; 1992:2 WORKING [iz] 1903:22; 1906:27; 1930:25; 1941:8; 1969:13; 1972:4; 1975:25; 1976:11; 1978:15; 2003:23; 2015:26; 2021:10 WORKMAN [i] 1914:18 WORKMEN [i; 1979:3 WORKPLACE [Z] 2042:16, 18 WORLD [3] 1959:24, 25; 1995:28 WORLDWIDE [4] 1970:11; 1971:2; 1992:1; 2017:25 WORN [1] 1984:18 WOULDN'T [4] 1914:16; 1929:10; 1933:26; 1944:24 WRIST [i] 1972:27 WRISTS [1] 1988:7 WRITE [4] 1888:22; 1928:23, 27; 1930:5 WRITER [i] 1983:7 WRITING [6] 1890:23; 1925:27; 1926:3, 4; 1935:5; 1949:17 WRITTEN [5] 1897:18; 1904:24; 1948:5; 1987:21; 2048:11 WRONG [2] 1913:4; 1914:1 WROTE [6] 1889:22; 1890:25; 1930:12; 1933:2; 1934:18; 1950:3 - Y- YEAH [10] 1889:3; 1901:11, 16; 1918:15; 1940:28; 1941:2, 16; 1952:22; 1954:22; 2035:8 YEAR [10] 1895:19; 1896:11; 1958:14; 1959:3; 1963:16; 1964:17; 1968:19; 1969:10, 11; 2052:17 YEARS [16] 1895:11, 16; 1954:14; 1957:19; 1959:22; 1961:21; 1962:20; 1963:15; 1965:2; 1967:9; 1968:16; 1988:25; 1990:27; 2012:7; 2015:19; 2051:13 YESTERDAY [io] 1883:24; 1884:14; 1902:6; 1949:18; 2026:18; 2032:5; 2037:11; 2047:1; 2048:8; 2049:15 YOU'VE [i] 2010:22 YOURS [Z] 2021:6; 2022:3 YOURSELF [4] 1971:25; 1989:3; 2032:13; 2047:28 -Z- ZIMMER [i] 2055:24 WHEELER to ZIMMER Word Index Concordance by Look-See(68) Transwestern v. Monsanto WATER PCB-SD0000075893