Document bOOnbKOK078YYYR599pZ6jr80

1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY 2 3 JOAN MAERTIN, Executrix of ) the Estate of Lothar Maerfin,) 4 JOAN MAERTIN, individually ) and in her own right, et al. ) 5 ) Civil Action L-95-cv vs. ) 6 ) 02849 (JBS) ARMSTRONG WORLD INDUSTRIES, ) 7 INC. ) 8 vs. ) ) ) 9 MONSANTO COMPANY and AMERICAN) MINERAL SPIRITS COMPANY ) 10 11 TELEPHONIC DEPOSITION OF 12 WALTER F. WAYCHOFF 13 14 15 March 24, 1998 16 11:25a.m. 17 18 90 Wagon Yard Plaza 19 Carrollton, Georgia 20 21 Kara K. Lucas, CCR-B-1496 22 23 BROWN REPORTING, INC. 24 90 WAGON YARD PLAZA CARROLLTON, GEORGIA 30117 25 (770) 830-0900 1 APPEARANCES OF COUNSEL 2 On behalf of the Plaintiffs: 3 ADAM RADITZ, Esq. (By Telephone) 4 Law Offices of Gary Ginsberg 3000 Atrium Way 5 Suite 101 Mt. Laurel, New Jersey 08054 6 7 On behalf of the Defendant Armstrong World Industries, Inc.: 8 MATTHEW A. TAYLOR, Esq. 9 Duane, Morris & Heckscher One Liberty Place 10 Philadelphia, Pennsylvania 19103-7396 11 On behalf of the Defendant 12 Monsanto Company: 13 CHRISTOPHER M. DIMURO, Esq. Latham & Watkins 14 One Newark Center Newark, New Jersey 07101-3174 15 16 On behalf of the Defendant American Mineral Spirits Company: 17 CAROLYN F. O'CONNOR, Esq. 18 (By Telephone) Wilson, Elser, Moskowitz, Edelman & Dicker 19 Two Gateway Center Newark, New Jersey 07102-5311 20 21 22 23 24 -- 25 Waychoff Page 1 Page 3 1 WALTER F. WAYCHOFF, 2 having been first duly sworn, was examined and 3 testified as follows: 4 CROSS-EXAMINATION 5 BY MR. TAYLOR: 6 Q. Mr. Waychoff, can you state your full 7 name for the record, please? 8 A. Walter Frederick Waychoff. 9 Q. And spell that. 10 A. Frederick, F-r-e-d-e-r-i-c-k, Waychoff, 11 W-a-y-c-h-o-f-f. 12 Q. Sir, my name is Matt Taylor; and 1 13 represent Armstrong World Industries, and you may 14 note it as Armstrong Cork or some other variation of 15 Armstrong. But I'm representing that company in a 16 matter pending in the District Court for the 17 District of New Jersey, United States District Court 18 for the District of New Jersey. 19 Are you aware of the lawsuit? 20 A. 1 found out about it about two months 21 ago. 22 Q. Okay. I'll get back to that. Sir, 23 what's your address? 24 A. 155 Dixie Meadow Lane, Carrollton, 25 C-a-r-r-o-l-l-t-o-n, Georgia, 30117. Page 2 Page 4 1 Q. And how long have you lived there, sir? 2 A. Since June of'90. 3 Q. Prior to living in Carrollton, where did 4 you live? 5 A. Houston, Texas. 9430 Leader, 6 L-e-a-d-e-r, Houston, Texas, 77030. 7 Q. How long did you live there? 8 A. Since 1970. 9 Q. And prior to that where did you live? 10 A. Prior to that 1 lived at Crestwood, 11 Missouri; but 1 can't remember the address. 12 Q. And how long did you live in Missouri? 13 A. 1 lived in Missouri from 1950 to 1970. 14 Q. Sir, why don't you give me anidea of 15 your educational background; and I'll follow up with 16 some questions. 17 A. Okay. High school in Norway, Iowa; 18 college degree from Cornell College, bachelor of 19 arts; and various sundry training courses through 20 the years. 21 Q. Why don't you give me some idea of the 22 training - 23 A. Training courses? 24 Q. Yes. And who sponsored them. 25 A. And who sponsored it? Pages 1 - 4 HARTOLDMONOOQ4592 Page 5 Page 7 1 Q. Yes. 1 had any discussions about this lawsuit or your 2 A. Most of them were sponsored by Monsanto 2 testimony today with any Monsanto employee? 3 Company. There was a sensitivity training course. 3 A. No, sir. 4 And 1 can't remember the other ones. 4 Q. When was the last time you had any 5 Q. Any technical training? 5 contact irrespective of counsel from someone at 6 A. No. No technical training. 6 Monsanto? 7 Q. When you say a B.A., did you say liberal 7 A. Approximately 1986 or'87. 8 arts? 8 Q. And who was that? 9 A. Liberal arts, majored in chemistry and 9 A. 1 just went back to visit the campus at 10 math. 10 Monsanto in St. Louis and just look and see who was 11 Q. Did you have a minor or another 11 there. Strictly a social visit. 12 concentration? 12 Q. 1 just want to understand. Besides the 13 A. 1 guess it was a major in chemistry and a 13 deposition you took in 1963 in that trade 14 minor in math. 14 secret/employee type action, you've never given any 15 Q. Okay. And what year did you graduate 15 testimony either at trial or deposition on behalf of 16 from Cornell? 16 Monsanto? 17 A. 1949. 17 A. Yes, 1 have. Another case was in 18 Q. Have you ever had your deposition taken 18 Houston, Texas involving the use of a product called 19 before? 19 Mod-Epox; and that was in 19 --1 guess that was the 20 A. Once. 20 mid-1960s. 21 Q. And when was that? 21 Q. And was that in a deposition or at trial? 22 A. The deposition was taken the day that 22 A. That was at trial. 23 John F. Kennedy was slain. 23 Q. And what were the details of that case? 24 Q. And what contents was that? What type of 24 A. Monsanto made a product called Mod-Epox. 25 case was that? 25 It was also called -- it's got another name, Page 6 Page 8 1 A. This was a deposition on employees' 1 chemical name, phosphate ester. And it was used in 2 confidential secrets or trade secrets, that 2 epoxy resins to give them a little more 3 supposedly one Monsanto man transferred something 3 flexibility. 4 from one customer to another; and 1 was asked 4 And the details were that the customer 5 questions about that. 5 needed some Mod-Epox in a hurry. The salesman down 6 Q. Okay. Well, it's been a while since 6 there knew it had another name. He went to another 7 you've had your deposition. Just some general 7 company and borrowed some of it, the triphenyl 8 ground rules. 8 phosphate, and delivered it to the customer. 9 This court reporter can only take down 9 Unfortunately there was water in the 10 verbal responses. So sometimes it's--we're all 10 product and the water in the product caused their 11 prone to just nod or shake our head. She can't take 11 epoxy paint to gel; and they painted the Texas 12 that down. So try to verbalize your answers to me. 12 stadium with paint that wouldn't cure. 13 If 1 speak too quickly or you don't 13 Q. Sir, I'm going to mark with today's date 14 understand any of my questions, just stop me, say 1 14 Waychoff Exhibit 1 and ask you to review this 15 didn't understand what you just said; and I'll 15 document. 16 repeat the question. 16 (Document was marked for identification 17 You can take a break at anytime for any 17 as Defendant's Waychoff Exhibit No. 1.) 18 reason as long as a question is not pending and I'm 18 Q. (By Mr. Taylor) Just for the record, 19 waiting for an answer. Other than that, you can 19 this is a notice to take deposition and produce 20 take a break at anytime. 20 documents directed to Walter F. Waychoff dated 21 Are you on any medication today that 21 December 17th, 1997. 22 would prevent you from understanding any of my 22 Have you seen this document before? 23 questions and giving responsive answers? 23 A. No, sir. 24 A. 1 don't think so. 24 Q. Were you asked to review any files you 25 Q. Okay. Now, outside of counsel, have you 25 have for any Monsanto documents? Waychoff Pages 5 - 8 HARTOLDMONOOQ4593 Page 9 Page 11 1 A. No, sir. 1 180. It was based upon a German product. And my 2 Q. Do you have any documents at all from 2 job was to try to establish commercial feasibility 3 your time at Monsanto? 3 of the product. 4 A. 1 might have a catalog or two at home 4 Q. And where did you work? Where were you 5 someplace. 5 located? 6 Q. A catalog? 6 A. 1 worked at St. Louis, Missouri in the 7 A. Yeah. 7 eight-story office building that was Monsanto's 8 Q. Do you have any correspondence or diarie; ; 8 worldwide headquarters at that time. 9 or calendars, anything like that? 9 Q. And who was your supervisor at the time? 10 A. No, sir. 10 Do you remember? 11 MS. O'CONNOR: Excuse me. Matt, is 11 A. Mr. Ken Craver. 12 there construction going on where you are? 12 Q. Who else did you work with? Do you 13 MR. TAYLOR: There is. 13 remember any other people you worked with on that 14 MS. O'CONNOR: Okay. Thanks. 14 project? 15 MR. TAYLOR: Right next to us. 15 A. George Litsinger, Howard Bergen, and Bill 16 MS. O'CONNOR: Okay. 16 Smythe. 17 THE WITNESS: And I've got to get back 17 Q. Mr. Waychoff, what types of applications 18 to work too. 18 were you researching for that Santicizer 180? 19 Q. (By Mr. Taylor) Sir, after you graduated 19 A. It was a plasticizer for PVC, and we were 20 from Cornell, when did you first - where were you 20 just trying to get it established in the marketplace 21 first employed? 21 and try to decide if we were going to produce the 22 A. El DuPont DeNemours. 22 product commercially. 23 Q. And was that in 1949? 23 Q. And what were the benefits that you saw 24 A. 1949. 24 in your research of that product? 25 Q. And where was that? 25 A. It was a good plasticizer, sort of like Page 10 Page 12 1 A. Fairfield, Connecticut. 1 dioctyl phthalate, although not quite as effective 2 Q. And what was your job for DuPont? 2 on low-temperature flexibility. 3 A. Research chemist. 3 Q. And what types of applications or uses 4 Q. How long were you employed at DuPont? 4 did that santicizer apply to? 5 A. 1 was with DuPont from January of '49 to 5 A. It was tested in PVC applications for 6 June of '50. 6 coated fabric, for garden hose, for electrical 7 Q. What were your responsibilities as a 7 cable, and any other PVC application that was there. 8 research chemist at DuPont? 8 Q. Okay. Sir, how long did you continue in 9 A. Compounding formulations made with 9 that function, in the chemical organic - 10 chlorosulfonated polyethylene and applying them tc110 A. Commercial development, that was from 11 fabric. 11 19 --1 was there until 1 went to commercial 12 Q. Your next job? 12 technical service, and 1 believe that was about five 13 A. My next job was with Monsanto Company. 13 years. 14 Q. In June of 1950? 14 Q. Roughly 1955? 15 A. 1 think 1 started in August of '50, sir. 15 A. 1955. No. Wait a minute now. Whoa just 16 Q. And tell me about your first job at 16 a second. 1 started there in June of'50, and 1 17 Monsanto. 17 worked in commercial development for a period of 18 A. 1 was in the commercialdevelopment 18 time. 1 was in on a special project for the U.S. 19 department. 1 was in the organic chemicals 19 Government for three years, and then in 1960 1 20 division. 20 joined the commercial technical service for 21 Q. And what was your title? 21 plasticizers. 22 A. Commercial development. 22 Q. Okay. 1 just want to get an idea of the 23 Q. And tell me what your job function was 23 transition from the commercial development to the 24 beginning in August of 1950. 24 special project for the U.S. Government. 25 A. They had a product called Santicizer 25 When did that special project -- Waychoff Pages 9-12 HARTOLDMONOOQ4594 Page 13 Page 15 1 reassignment in that special project for the U.S. 1 and any research lab that was actively engaged in 2 Government begin? 2 solid propellant research. 3 A. 1 honestly can't remember the exact 3 Q. Now, after the project was over and you 4 date. 4 went back to the chemical -- the commercial 5 Q. Can you estimate for me? 5 development for Monsanto, did your function change 6 A. Well, this was brought on because of the 6 from that Santicizer 180 product or did you go back 7 Korean War; and 1 was about two and a half years in 7 to that product? 8 it. 1 would say it was up to about 1954. 8 A. Basically went back to that project and a 9 Q. Okay. And how long did you work on this 9 couple of other projects that were minor that 1 10 special project? 10 honestly don't recall what they were. 11 A. About two and a half years. 11 Q. Now, did your title change in any way as 12 Q. Up until 1 believe you said 1960 you 12 far as the seniority between - 13 began another assignment? 13 A. No. 14 A. '55 roughly,'55 roughly. Then 1 was 14 Q. Okay. And give me an idea of what your 15 back in commercial development. 15 level was, if you can describe that for me, 16 Q. Oh, okay. 16 between -- in the commercial development for the 17 A. And then in 1960 1 transferred to the 17 organic chemicals division. Was there a title that 18 technical sales department of Monsanto's organic 18 you were given other than just a researcher? 19 division for plasticizers. 19 A. Development man. Development man is all 20 Q. Okay. On that special project for the 20 the title 1 had. 21 U.S. Government for about two and a half years 1 21 Q. Okay. And then that brings us to 1960? 22 believe you said, give me an idea -- describe what 22 A. Right. 23 that project was and what your responsibilities 23 Q. And youwent to the organic chemicals 24 were. 24 division, plasticizers? 25 A. Myself and another gentleman from 25 A. Plasticizers for technical service. Page 14 Page 16 1 Monsanto were assigned to make a chemical 1 Q. Okay. Now, did that bring with it any 2 engineering survey of the solid propellant industry 2 kind of change in status or level? 3 for the U.S. Navy. 3 A. There were pay raises. Are you talking 4 Q. Dealing with what types of chemicals or 4 about pay raises or what, your title? 5 what types of products? 5 Q. Title, not necessarily pay raises. 6 A. This was any product that would burn 6 A. No. Just technical serviceman. 7 rapidly that would propel a rocket. So we had 7 Q. Okay. And describe for me your -- well, 8 nitrocellulose. We had -- several companies were 8 first of all, who was your supervisor when you made 9 each promoting their scheme to the government; 9 the switch to the plasticizer group? 10 however, some were using only raw material cost and 10 A. Howard Bergen was my manager. 11 others were putting the finished propellant in a 11 Q. And did he report to anyone on that 12 rocket. 12 project or in that function? 13 And our job was to go in and try to break 13 A. Yes. He reported to a director of sales, 14 them all down and put them on the same basis so that 14 but 1 don't recall who that was at this time. 15 the Navy could make sense out of what they had. 15 Q. And who else do you remember working 16 Q. And did you have a supervisor on that 16 with? 17 project - 17 A. 1 worked with -- at that time we had 18 A. No. 18 three technical servicemen: Dave Bechtold, Peter 19 Q. -- from Monsanto? 19 Spank, and myself. 20 A. No, did not. Just two of us just worked 20 Q. And what functions were you performing? 21 alone and then we submitted to the Navy. 21 A. Our job was to go out and make customer 22 Q. And where did you conduct that project? 22 calls with salesmen and try to give them technical 23 In St. Louis? 23 assistance in utilizing Monsanto products in severa 24 A. All over the country. We conducted it in 24 applications. 25 any plant that made propellants during World War II 25 Q. And give me some examples of those Waychoff Pages 13-16 HARTOLDMONOOQ4595 Page 17 Page 19 1 applications. 1 A. What were they using them for? 2 A. Manufacture of wire and cable, floor 2 Q. Yes. Give me some examples of some of 3 tile, wall coverings, garden hose, etc., etc. 3 the applications or uses. 4 Q. When you would make these customer calls, 4 A. Floor tile, wire and cable, garden hose, 5 were you there by yourself or would you be 5 wall coverings, upholstery material. Just in 6 accompanied by a salesman? 6 general that type of-- anything vinyl was used for. 7 A. A salesman would take us in. 7 Q. Was Aroclor one of the plasticizers that 8 Q. And give me an idea of how those meetings 8 would be covered in that group? 9 would run. 9 A. No. At that time we were not talking 10 A. Well, we'd call the salesman, say we 10 about Aroclor. We were primarily talking about 11 wanted to make calls in his territory; and we'd give 11 Santicizer 160 or DOP or phosphate ester or 12 him an idea of any customers that we wanted to see 12 something like that. 13 specifically to give assistance to and ask him to 13 We did a great deal of our technical 14 set up any other appointments he wanted for us to 14 service on telling what problems you have and let's 15 see. 15 see if we can come up with a way to solve the 16 We would then go and visit the customer 16 problem. 17 and ask them if they had any problems. If we had 17 Q. Okay. Now, at what time did--did your 18 anything to present to them, we would present it. 18 function change at all within that group, the 19 If they had problems, we would discuss it with them. 19 plasticizer group, and when did that change? If you 20 Q. Do you remember any of the customers that 20 started in 1960, how long did you maintain it or did 21 you went to visit in that time frame around 1960? 21 you conduct - 22 A. Oh, boy. Anybody that was in PVC at that 22 A. Through '65 1 was in technical sales. In 23 time we visited. 23 1962 1 was assigned to take some trips overseas, and 24 Q. Do you remember visiting Armstrong? 24 1 went to Europe several times. 25 A. At that time, no, because we had -- 25 Q. And what were your duties over there? Page 18 Page 20 1 Armstrong was not one of my responsibilities at that 1 A. Same as they were in the United States 2 time. We divided the area where you gave technical 2 except working with agents of Monsanto overseas. 3 service to in three ways -- Bechtold, Spank, and 3 Q. At anytime between 1960 and 1965 in 4 Waychoff-- and we were assigned certain sales 4 technical services, did you deal at all with the 5 districts to give technical backup to. And 5 Aroclor plasticizers? 6 Armstrong Cork was not one of mine here. Now, 6 A. Not too much, to my knowledge. 7 Armstrong Cork in Jackson, Mississippi was one of 7 Q. When you say not too much, what do you 8 mine. 8 mean? 9 Q. Okay. Well, first of all, tell me what 9 A. 1 don't recall working with them very 10 your territory was at that time. 10 much at all. 11 A. 1 made calls in our Atlanta region, in 11 Q. Well, when you did work with them, in 12 our Houston region, in our New York region, 12 what way would you work with them? 13 Cleveland region, Chicago region. 1 think that was 13 A. Worked with them as secondary 14 it. 14 plasticizers for PVC. Secondary plasticizers, do 15 Q. Now, in 1960 when you went to the 15 you need the definition of that? 16 plasticizer group, were you still stationed or based 16 Q. If you would, please. 17 in St. Louis? 17 (A discussion ensued off the record.) 18 A. Yes, sir. 18 Q. (By Mr. Taylor) If you would, 1 believe 19 Q. And you would just go on the road from 19 you were going to define that term for me. 20 there? 20 A. Primary plasticizer is one that can be 21 A. Go on the road about one or two weeks a 21 used by itself as an ingredient in PVC materials. 22 month. 22 By secondary plasticizers, one, that if you used it 23 Q. Okay. And what types of products were 23 by itself, it would not stay in the PVC. 24 the customers that you were calling on or providing 24 Q. Okay. 25 technical services to using the plasticizers for? 25 A. It would exude out, make it all sticky Waychoff Pages 17-20 HARTOLDMONOOQ4596 Page 21 1 and icky looking. 2 Q. And what types of applications were 3 appropriate for this use of the Aroclor as a 4 secondary plasticizer? 5 MR. DIMURO: Object to the form. You 6 can answer the question. 7 Q. (By Mr. Taylor) Or applications, use or 8 applications. 9 A. You could use them in most any 10 application that PVC was normally used for; but you 11 just had to be careful how much you used, because 12 otherwise the plastic would become sticky and gooey. 13 Q. Okay. In 1965 you said there was a 14 change in your responsibilities. Why don't you tell 15 me about that? 16 A. I became product manager for plasticizers 17 worldwide and had reporting to me the other 18 technical service people where I used to be. 19 Q. Now, did you have a supervisor in that 20 function? 21 A. Yes. My supervisor then was Don Mariner. 22 Q. And what was his title? 23 A. Director of sales. 24 Q. And as projects manager for plasticizers, 25 why don't you tell me what your responsibilities Page 23 1 MR. TAYLOR: We're going to take a 2 break right now. 3 (A recess was taken.) 4 Q. (By Mr. Taylor) Sir, just for the 5 record, what year were you born? 6 A. 1924. 7 Q. 1925? 8 A. '24. 9 Q. '24, I'm sorry. 10 (A discussion ensued off the record.) 11 Q. (By Mr. Taylor) Okay. Who were some of 12 the individuals that you supervised as product 13 manager between '65 and '70? 14 A. David Press, Gene Wild, Cumming Paton, 15 John Orem. 16 Q. You were supervising them? 17 A. I was supervising them, yes, sir. 18 Q. Sir, what was the reason that you 19 resigned from Monsanto in 1970? 20 A. I got unhappy because I felt I was passed 21 over on a promotion and I went to look for another 22 job. 23 Q. Who received the promotion that you felt 24 you 25 A. Walter Schalk. Page 22 Page 24 1 were? 1 Q. Walter Schalk. And what position was 2 A. Product manager. 2 that? 3 Q. Product manager, okay. 3 A. That was director of sales. 4 A. My responsibility was to supervise the 4 Q. Nationwide director of sales? 5 technical service people that were working for me 5 A. Yes, uh-huh. 6 and communicate to our salesmen the direction we 6 Q. And were you ever given a reason why he 7 wanted to take business-wise and to review call 7 received that position and you didn't? 8 reports that might be submitted to me. 8 A. No, sir. 9 Q. And what products were you responsible 9 Q. Did you ask? 10 for? 10 A. No, sir. 11 A. All products in Monsanto's plasticizer 11 Q. After your employment with Monsanto, 12 line which was approximately 85. 12 where did you go to work? 13 Q. Including the Aroclor? 13 A. 1 went to work for Signal Chemical 14 A. Including the Aroclor, sir. 14 Company in Houston, Texas. 15 Q. And how long were you in that position? 15 Q. And what did you do for them? 16 A. 1 was in that position until 1 resigned 16 A. 1 was director of marketing and vice 17 from Monsanto in November of 1970. 17 president of Signal Chemical. 18 MS. O'CONNOR: I'm having trouble 18 Q. In any specific division or department? 19 hearing the witness a little bit. His voice 19 A. Signal Chemical is part of Signal 20 is trailing off. 20 Companies and it had a separate entity of Signal 21 Is there any way you can move the phone 21 Companies. 22 closer or maybe keep his voice up, please? 22 Q. What types of products were you involved 23 THE WITNESS: Sure. I'll keep trying 23 in with them? 24 to talk louder to you after 1 take a break. 24 A. Hydroquinone and by-products in the 25 MS. O'CONNOR: Thank you. 25 manufacturing product, line rather. Waych off Pages 21 - 24 HARTOLDMONOOQ4597 Page 25 Page 27 1 Q. And how long did you maintain that 1 counsel. 2 position? 2 You can continue. 3 A. 1 stayed there until Signal Companies 3 A. Okay. They asked me if 1 was going to be 4 decided to close Signal Chemical in 1972. 4 willing to give an affidavit, and 1 said sure. So 5 Q. Thereafter where did you go? 5 they called me on the telephone and asked me the 6 A. Thereafter 1 went to work for a company 6 questions and 1 gave them the answers. 7 in the real estate business in Houston, Texas; and 7 Q. Okay. If you can, look at Paragraph 1, 8 honestly 1 can't remember the name of the company. 8 sir. Have you reviewed Paragraph No. 1? 9 From there 1 went to Allstate Insurance Company. 9 A. Uh-huh, yes, 1 have. 10 Q. What year was that? 10 Q. You state that in 1966 to -- sometime in 11 A. That was 1973 1 believe. 11 1966 to 1968, Monsanto salesmen made a five-minute 12 Q. And what did you do for Allstate? 12 general presentation to all of its customers. Is 13 A. 1 was an account agent in the retail 13 that correct? 14 store in the Greenspoint Mall in Houston, Texas. 14 A. That's correct, sir. 15 Q. Were you selling general lines of 15 Q. And that included Armstrong? 16 insurance? 16 A. Yes, sir. 17 A. General lines of personal insurance. 17 Q. And that was concerning the line of 18 Q. And how long were you with Allstate? 18 Aroclor products? 19 A. 1 left Allstate when 1 retired December 19 A. That is correct, sir. 20 31st, 1989. 20 Q. But it was not specific to any Aroclor 21 Q. Since your retirement date, have you done 21 product? 22 any kind of consulting or any employment at all? 22 A. No, sir. 23 A. No, sir. 23 Q. Just the general line of Aroclors? 24 Q. And that's when you moved to Carrollton? 24 A. Yes, sir. 25 A. Yes. We moved to Carrollton in June of 25 Q. Where was that meeting and tell me a Page 26 Page 28 1 '90. 1 little bit about what you remember about it. 2 Q. Okay. Sir, I'm going to mark with 2 A. I'm not sure when the meeting occurred at 3 today's date Waychoff 2 and ask for you to review 3 Armstrong Cork. Our director of marketing for the 4 this exhibit. 4 organic division just decreed that all Monsanto 5 (Document was marked for identification 5 salesmen would carry a sample -- a kit in that 6 as Defendant's Waychoff Exhibit No. 2.) 6 showed all the Aroclor products and they would make 7 Q. (By Mr. Taylor) If you can, just briefly 7 a five-minute presentation to all customers 8 review that document, sir. 8 extolling the virtues of Aroclor and just saying is 9 A. I'm familiar with this document, yes, 9 there any place that you could use these in your 10 sir. 10 line of products. 11 Q. How did it come about that you signed 11 1 was not alone on any of the 12 this document? 12 presentations to individual customers. 13 A. 1 received a request from Gerald 13 Q. So what you're referring to here as the 14 Davidson. 14 five-minute general presentation was not made to a 15 MR. DIMURO: Gerard Davidson. 15 group of customers? 16 THE WITNESS: Gerard Davidson. 16 A. Individual customer at a time. 17 MR. DIMURO: Who's an attorney at 17 Q. And there was five minutes that you told 18 Smith, Helms. 18 your salesmen to allot on the Aroclor products? 19 So to be safe, if you had any 19 A. Yes, sir. 20 conversations with Mr. Davidson, 1 would 20 Q. And is that part of a longer or a more 21 considered them privileged. 21 detailed presentation on other products? 22 MR. TAYLOR: I'm not interested - 22 A. No, sir. 23 MR. DIMURO: Okay. 23 Q. So the sole purpose--1 just want to 24 Q. (By Mr. Taylor) And I'm not asking for 24 understand. Is the sole purpose for a Monsanto 25 the substance of any conversation you had with am/25 salesman just to go in to a customer for five Waychoff Pages 25 - 28 HARTOLDMONOOQ4598 Page 29 1 minutes and leave? 2 A. No. He had other things to accomplish 3 while he was in the customer's office. 4 Q. That's what I'm getting at. 5 A. Yes. 6 Q. What was the general function of those 7 meetings? 8 A. It was a routine sales call on customers 9 to talk about the products we sold, any products 10 they had under development at the time with 11 Monsanto; and then as a side thing, they would draw 12 out the Aroclor bugle as we called it and sit it on 13 the purchasing agent's desk and say these are 14 Aroclors, they're nonoxidizing, they're -- just give 15 a general pitch on the properties of the products. 16 Q. And how many minutes were allotted to 17 other products? 18 A. 1 don't know. It depended upon the 19 customer. And 1 wasn't involved with that. It was 20 just saying take approximately five minutes to cover 21 the Aroclors. Some salesmen did it, some salesmen 22 did not. 23 Q. Describe that to me. What do you mean 24 some did, some did not? 25 A. Some would just take it in there and pull Page 31 1 offices of the customer? 2 A. Yes, sir. 3 Q. Were they ever held at Monsanto? 4 A. No, sir, not that 1 know of. 5 Q. Okay. Do you specifically remember 6 whether Armstrong was the recipient of one of these 7 presentations by a salesman? 8 A. I'm sure they were, because the 9 instructions were they were to be shown to all 10 customers of the organic division; but 1 have no 11 specific knowledge as to when they were presented to 12 Armstrong Cork. 13 Q. It would have been approximately, 14 according to your affidavit, between 1966 and 1968? 15 A. That is correct, sir. 16 Q. At a time when you were product manager? 17 A. Yes, sir. 18 Q. In relation to whether it was a small 19 customer or a large customer, where did Armstrong 20 fit in on that scale? 21 A. They were an extremely large customer. 22 Q. For what products? 23 A. Santicizer 160 which they used in their 24 floor coverings. 25 Q. Well, what did you understand -- what was Page 30 Page 32 1 it out and say these are Aroclors, period. 1 your understanding of the types of products that 2 Q. Would any salesmen give Aroclors more 2 Armstrong manufactured? 3 than five minutes in a presentation? 3 MR. DIMURO: At which time? At what 4 A. 1 have no idea, sir. 4 time? 5 Q. And were they instructed for any specific 5 Q. (By Mr. Taylor) During the time when you 6 reason just to devote five minutes to Aroclors as 6 were product manager or at anytime, but I'll start 7 opposed to a longer time or shorter time? 7 with at anytime. 8 A. It was just thought if it took longer 8 MR. DIMURO: Well, after 1970 it 9 they would lose the customer's interest. So it was 9 wouldn't be relevant, would it? 10 just a spattering of saying hey, this is our new TV, 10 Q. (By Mr. Taylor) Okay. Yourtimeasan 11 it's this type of thing. It was just general 11 employee at Monsanto. 12 knowledge that they were imparting. 12 A. I'm aware that they manufactured floor 13 Q. Generally how or for a general matter how 13 coverings, vinyl asbestos tile, also vinyl sheet 14 long were these customer calls supposed to be in 14 goods; and 1 was aware from seeing the products in 15 length? 15 store that they had acoustical tile that they made. 16 A. It varied, sir, depending upon the 16 Q. Well, but explain what was your 17 customer. 17 understanding of that product. 18 Q. Why don't you give me an example of what 18 A. Right up there (indicating). 19 may make one longer or shorter? 19 Q. Ceiling tiles? 20 A. Small customer, they didn't have much 20 A. Ceiling tiles, yes. 21 going for the salesmen, it would be a short call. 21 Q. And when did you obtain that 22 If it was a rather involved customer, then it would 22 understanding? 23 take longer. If it was a big major customer, it 23 A. When 1 saw the product at Central 24 would take longer. 24 Hardware in St. Louis, Missouri. 25 Q. And these presentations were held at the 25 Q. When was that? Waychoff Pages 29 - 32 HARTOLDMONOOQ4599 Page 33 Page 35 1 A. 1 don't remember, sir. It was before 1 1 for ceiling tile. 2 left Monsanto. 2 Q. (By Mr. Taylor) 1 appreciate that. The 3 Q. So sometime between 1960 and 1970? 3 question is can you think of any reason why they 4 A. Yes, sir. 1 was not aware that there was 4 should not have been? 5 a coating on the products though. 5 MR. DIMURO: Are you talking about any 6 Q. Well, were you aware that they were using 6 plastisol coating for any ceiling tile no 7 Aroclor products on the ceiling tiles? 7 matter what the base is? 8 A. No, sir. 8 1 object to the form of the question. 9 Q. When did you first become aware that they 9 MR. TAYLOR: That's what I'm asking. 10 did use Aroclor products? 10 MR. DIMURO: You can answer it, if you 11 A. When 1 got a call from Mr. Davidson and 1 11 can. 12 asked him what it was about. 12 THE WITNESS: Well, no. 1 could not 13 Q. Just for the record, 1 meant Aroclor 13 think of any reason why it should not be 14 products on ceiling tiles. 14 used. 15 A. Mr. Davidson told me that when he called 15 Q. (By Mr. Taylor) And as product manager, 16 me. 16 was it part of your job to understand what your 17 Q. Well, can you state for me what uses of 17 customers were manufacturing and what possible needs 18 the Aroclor products that you're aware that Monsanto 18 they would have for the applications of the Aroclor 19 put to use? 19 products? 20 A. At Armstrong? 20 A. Yes, 1 think it would be, sir. 21 Q. I'm sorry. That Armstrong used. 21 Q. If you could, look at Paragraph 7 of your 22 A. 1 had no idea what they were using. 1 22 affidavit and just read that, please. 23 knew they purchased a small amount from American 23 A. 1 have read it. 24 Mineral Spirits. 24 Q. Do you remember those -- you say one or 25 (A discussion ensued off the record.) 25 two visits to Pennsylvania, Armstrong's plant in Page 34 Page 36 1 (The record was read by the reporter.) 1 Pennsylvania. Do you have recollection of those 2 Q. (By Mr. Taylor) Sir, when you say you 2 visits? 3 had no idea of what they were using, did it occur to 3 A. 1 know 1 was there. 4 you from seeing the ceiling tiles in a hardware 4 Q. And for what purpose were you there? 5 store in St. Louis that they may be using it for 5 A. As product manager for plasticizers to 6 applications to the ceiling tile? 6 discuss their plasticizer purchases from Monsanto 7 A. No, sir. For that tile, can you tell me 7 and to see if there was anything we could do to help 8 what's in that coating, if there is a coating, and 8 them. 9 what's in it? All 1 saw was ceiling tile. 9 Q. And this was in your function as 10 Q. But you were aware that Armstrong was 10 technical support or as product manager? 11 manufacturing ceiling tiles? 11 A. As product manager. 12 A. 1 was aware because it had Armstrong 12 Q. And who would be with you on those 13 Cork's name on it at Central Hardware. 13 visits? 14 Q. And are you aware of any reasons why 14 A. The salesmen working out of the Monsanto 15 Aroclors or specifically Aroclor 1254 should not be 15 Wilmington office, either a Mr. Robert Brell or 16 used in a plastisol formulation to be applied to 16 James--there was a Jim somebody. 1 forget his 17 ceiling tiles? 17 name. He was a little short guy. 18 MR. DIMURO: 1 object to the form. 18 Q. And who else? 19 THE WITNESS: Would you repeat the 19 A. And occasionally Mr. Sullivan who was 20 question, please? 20 district manager for Wlmington. 21 MR. TAYLOR: Can you read that question 21 Q. On any of those visits were any of the 22 back for him? 22 people that you were supervising -- either David 23 (The record was read by the reporter.) 23 Press orCumming Paton, any of those people, would 24 THE WITNESS: 1 didn't even realize 24 they go with you to those visits? 25 that they were using Aroclor in plastisols 25 A. No. Waychoff Pages 33 - 36 HARTOLDMON0004600 Page 37 1 Q. Now, why would that be? Why would you go 2 as the boss as opposed to one of the field 3 employees? 4 A. Because 1 was not discussing the 5 technical aspects of the product. 1 was discussing 6 the customer relations with the product customer. 7 Q. Could you give me some of the substances 8 of those discussions with the people at Armstrong? 9 A. Armstrong Cork was always looking for 10 lower costs. They were always threatening to 11 replace Santicizer 160 which would have been a major 12 loss to Monsanto. And we were just trying to 13 fortify their use of Santicizer 160 in their floor 14 tile. 15 Q. Did you speak with them about any of the 16 Aroclor products during those one or two visits? 17 A. No, sir. Not to my knowledge anyhow. 18 Q. Okay. Who at Armstrong did you deal 19 with? 20 A. The director of purchasing. 21 Q. Do you remember his name or her name? 22 A. No. It was a male, but 1 do not remember 23 the name. 24 Q. Do you remember any of the names of 25 anyone at Armstrong that you dealt with? Page 39 1 were using a product. 2 Q. Well, did you know where they were 3 manufacturing their ceiling tiles, in what plant? 4 A. No, sir, 1 did not. 5 Q. What Armstrong plants were you aware of 6 that were out there that would have made the ceiling 7 tiles? 8 MR. DIMURO: Objection to the form. 9 THE WITNESS: Go ahead and answer? 10 MR. DIMURO: You can answer. 11 THE WITNESS: 1 know of no ceiling tile 12 plants that they had, sir. 13 Q. (By Mr. Taylor) But when you saw the 14 ceiling tiles in a hardware store, where did you 15 think they came from? 16 A. They came from Armstrong, an Armstrong 17 plant someplace; but 1 did not look to see where 18 they were manufactured, sir. 19 Q. Okay. But as part of your function as 20 product manager, were you curious to find out where 21 they were manufacturing the ceiling tiles? 22 A. Not particularly, no, sir, because 1 23 didn't think we had any products that were being 24 used in the ceiling tile. 25 Q. Did any of your salesmen or any of the Page 38 1 A. No, sir. 2 Q. Besides the director of purchasing, did 3 you speak with any other person that you could 4 identify by title? 5 A. No, sir, not that 1 can recall. 6 Q. Well, how much Aroclor 1254 was Armstrong 7 purchasing from Monsanto or American Mineral Spirits 8 between say 1964 and 1970? 9 MR. DIMURO: Object to the form. 10 MS. O'CONNOR: Object to the form. 11 MR. DIMURO: You can answer the 12 question. 13 THE WITNESS: 1 honestly don't know. 1 14 remember there was a couple of--1 remember 15 looking through the books, and it might have 16 shown 1,000 pounds once or twice. 17 Q. (By Mr. Taylor) Well, when you would 18 look through those books and you saw that --1 19 believe you testified 1,000 pounds once or twice, 20 what did you think Armstrong was using it for? 21 A. 1 had not the slightest idea, sir. They 22 were very closed-mouth about their applications. 23 Q. What do you mean by they were very 24 closed-mouth? 25 A. They wouldn't tell you where or why they Page 40 1 people that you were supervising, any of the 2 technicians, advise you that Armstrong was 3 manufacturing ceiling tiles in a specific plant? 4 A. No, sir. 5 Q. Have you obtained any understanding 6 subsequent from the time that you were product 7 manager of where Armstrong manufactured ceiling 8 tiles? 9 A. No, sir. 10 Q. If you look at Paragraph 8 of your 11 affidavit -- if you would, just look at that for a 12 minute. 13 A. Okay. 14 Q. And then read Paragraph 9. When you're 15 finished, just let me know. 16 A. Go ahead. 17 Q. Upon your review of the sales records, 18 you state that it indicated that Armstrong 19 purchased -- and I'm quoting from the affidavit -- a 20 very small quantity of Aroclor 1254. Is that right? 21 A. That is correct. 22 Q. And in Paragraph 8 you state that 1 had 23 no knowledge or information at anytime as to whether 24 or not Armstrong had used or proposed to use any 25 Aroclor PCB product. Waychoff Pages 37 - 40 HARTOLDMON0004601 Page 41 Page 43 1 What was your understanding of why they 1 seen this document. 2 were purchasing the 1254 and to what application 2 Q. (By Mr. Taylor) Have you ever seen this 3 they were applying it? 3 document before? 4 A. 1 had no knowledge of what application. 4 A. No, sir. 5 They would purchase it from -- primarily through 5 Q. Just for the record, this document was 6 American Mineral Spirits which is a distributor for 6 produced by your counsel in the course of this 7 Monsanto. 7 litigation. 8 Q. Did you take any steps through your sales 8 And, if you would, turn to the second 9 force or technical people to find out why they were 9 page bearing Bates stamp MAE 000002; and 10 purchasing 1254? 10 specifically the entry for 1968, do you see that, 11 A. No, sir, 1 did not. 11 sir? 12 Q. And, if you can, define for me what a 12 A. Yes, sir, 1 do. 13 very small quantity of Aroclor 1254 is. 13 Q. That entry for 1968 which states Aroclor 14 A. About 1,000 pounds at a time. 14 Distilled 1254, 11,400 pounds, is that consistent 15 Q. At a time or over a course of a year? 15 with your recollection of the amount of 1254 16 A. 1,000 pounds at a time maybe once or 16 purchased by Armstrong? 17 twice a year. 17 A. 1 would say that's insignificant, 11,400 18 Q. Okay. So over a course of a year, what 18 pounds. Very small quantity. 19 in your mind would fit the definition of a very 19 Q. And do you have any reason to believe 20 small quantity of Aroclor 1254? 20 whether this document is accurate or inaccurate? 21 A. Anything less than 10,000 pounds. 21 A. 1 would have to accept it as accurate. 1 22 Q. Anything less than ten would be very 22 have no way of checking it out, sir. 23 small? 23 Q. What, sir, would fit your definition of a 24 A. Yes, sir. 24 large quantity of Aroclor 1254? 25 (A discussion ensued off the record.) 25 A. 1 would think 100,000 pounds a year or Page 42 Page 44 1 MR. TAYLOR: I'm going to mark the next 1 greater. 2 document, with today's date, Waychoff 3. I'm 2 Q. Can you think of any customer that had 3 just going to identify the document and then 3 purchased that quantity of Aroclor 1254? 4 I'll wait for Mr. DiMuro to get back. 4 A. That was 27 years ago, sir; and 1 really 5 But Waychoff 3 bearing today's date is 5 can't remember that accurately. 6 titled sales summary, all PCB-containing 6 Q. Sir, in your function as product manager, 7 products, 1954 - 1977. 7 did you have any responsibilities, any 8 (Document was marked for identification 8 administrative responsibilities, in connection with 9 as Defendant's Waychoff Exhibit No. 3.) 9 formulating a business plan for any of the products? 10 (A discussion ensued off the record.) 10 A. Yes, we did. 11 Q. (By Mr. Taylor) Sir, you have before you 11 Q. And why don't you give me some details 12 Waychoff 3 with today's date. Can you identify that 12 regarding those responsibilities? 13 document for me? 13 A. In the late'60s it became the vogue 14 A. It looks like it's a record of Monsanto's 14 within Monsanto to develop a five-year business plan 15 sales to Armstrong Cork of Pydrauls, Aroclors, and 15 on each product line, which plasticizers is a 16 Therminols by year. 16 product line, where you would discuss such things as 17 Q. Sir, if you look at 1968, does that 17 objectives, strategies, etc., for the product line. 18 refresh your recollection of whether Armstrong 18 Q. And did you do that, for example, with 19 purchased a very small quantity of Aroclor 1254? 19 Aroclor 1254? 20 MR. DIMURO: Objection to the form. 20 A. Not specifically for Aroclor 1254. We 21 Matt, 1 think he testified from the records 21 would just talk about Aroclors as a class, but 1 22 he saw. 22 don't believe there was ever a five-year plan 23 MR. TAYLOR: Okay. That's why I'm 23 prepared for Aroclor. 24 asking - 24 Q. And why was that? 25 MR. DIMURO: 1 don't know if he's ever 25 A. They were such a small part of the total Waychoff Pages 41 - 44 HARTOLDMON0004602 Page 45 Page 47 1 plasticizer picture. 1 marketing intelligence? We would just say 2 Q. Well, were there customers, for example 2 how we were going to handle a customer, what 3 during your tenure as product manager, that did 3 our plans were to make sure that customer did 4 purchase over 100,000 pounds of Aroclor 1254 per 4 not leave us. 5 year? 5 Q. (By Mr. Taylor) When I'm using the word 6 A. I'm sure there were; but 1 cannot recall 6 marking intelligence, 1 mean to find out what a 7 them, sir. 7 specific customer might be planning to manufacture 8 Q. 1 know you can't recall the names. Can 8 or a new product line that they were going to 9 you give me the amount or the number of companies - 9 manufacture. 10 let me finish -- number of companies that may have 10 Did you try to stay on top of what your 11 purchased that high a quantity? 11 customers were manufacturing in order to service 12 A. No. 1 really cannot, sir. 1 don't 12 them with whatever plasticizer might fit that 13 recall that number. 13 product? 14 Q. And why don't you give me--put it in 14 MR. DIMURO: This is in connection with 15 perspective and compare the Aroclor 1254 product 15 the business plan? 16 with another one of the plasticizers and the 16 MR. TAYLOR: That's correct. 17 quantity that may be sold to a customer? 17 THE WITNESS: We really didn't do that 18 A. Well, let's take a look at Armstrong 18 much along the intelligence- 19 Cork. 19 (A discussion ensued off the record.) 20 Q. Okay. 20 (The record was read by the reporter.) 21 A. 15 million pounds of Santicizer 160 in a 21 (Document was marked for identification 22 year. So it was a much larger business situation 22 as Defendant's Waychoff Exhibit No. 4.) 23 than a thousand pounds or a couple of thousand 23 Q. (By Mr. Taylor) Sir, before you is a 24 pounds of Aroclor 1254. 24 document marked as Waychoff 4 with today's date. 25 Q. Now, were there any customers that you're 25 Do you recognize that document and can Page 46 Page 48 1 aware of that purchased in the neighborhood of 15 1 you identify it? 2 million pounds of any of the Aroclor products? 2 A. It's my signature, but 1 do not recognize 3 A. No, sir. 3 the document. 4 Q. What might be the largest quantity of 4 Q. And it purports to be a September 23, 5 Aroclor products purchased in a given year by a 5 1970 letter to a customer, doesn't it? 6 customer that you can remember? 6 A. Yes, sir. 7 A. 1 really cannot recall that figure, sir. 7 Q. And have you had a chance to read that 8 Q. Was there any customer that approached 8 document? 9 maybe a million pounds of any of the Aroclors? 9 A. Yes, 1 have. 10 A. Not for plasticizer use. I'm sure there 10 Q. And that is your signature? 11 were some that approached that for fluid uses. 11 A. That is my signature. 12 Q. I'm asking about plasticizers. 12 Q. Do you remember drafting or putting 13 A. Not that 1 know of, sir. 13 together this letter? 14 Q. As part of this five-year business plan, 14 A. No, 1 do not. It was probably put 15 did that include marketing intelligence and things 15 together by somebody else. And 1 just--they put 16 like marketing aspects of the business plan? 16 my name down there and 1 signed it, sir. 17 A. Yes, it did. 1 cannot recall any of the 17 Q. Who would have prepared this document for 18 details of those business plans which are 27 years 18 you? 19 ago, 28 years ago now. 19 A. Probably our legal department 1 would 20 Q. 1 understand. But what types of 20 think. 21 marketing intelligence would be conducted by 21 Q. And why would that be? 22 Monsanto with regard to any of the customers? 22 A. Because we were withdrawing the Aroclors, 23 MR. DIMURO: I'll object to the form. 23 some of the Aroclors, from sales items. Pardon me. 24 You can answer that question. 24 And they wanted to make sure that the letter was 25 THE WITNESS: We would just - 25 legally correct. Waychoff Pages 45 - 48 HARTOLDMON0004603 Page 49 Page 51 1 Q. What do you mean by legally correct? 1 1 was sort of in limbo from that period of time on. 2 A. That it explained fully as to why we were 2 Q. Well, leading up to say the date of this 3 doing it. 3 letter which is September 23rd, were you dealing 4 Q. Well, what was your understanding of why 4 with customers either in person or through 5 Monsanto was pulling the Aroclor products from the 5 correspondence or over the phone regarding the 6 market? 6 anticipated withdrawal of the Aroclor products from 7 A. Because they had found Aroclors were 7 the market? 8 contaminants in the worldwide environment and they 8 A. 1 really don't remember, sir. 1 really 9 felt that we should no longer be offering those and 9 don't. 10 so they got out of the business. 10 Q. Well, did you have any conversations with 11 Q. When you say they felt we should no 11 any customers that were seeking replacement products 12 longer be offering them, who is they? 12 knowing that the Aroclors were soon to be pulled 13 A. The management of the organic chemicals 13 from the market? 14 division of Monsanto. 14 A. If 1 answered, it would just be a guess, 15 Q. Would you consider yourself part of 15 sir; and 1 won't guess. 16 management? 16 Q. Okay. 1 appreciate that. Do you 17 A. Very low-level management. 17 remember any conversations or contact in any way 18 Q. Okay. Who were some of the people in 18 with Armstrong in relation to the decision of 19 high-level management that you're referring to that 19 Monsanto to pull Aroclors from the market? 20 made that decision? 20 MR. DIMURO: Object to the form. You 21 A. That would be the general manager of the 21 can answer. 22 division at that time, and 1 do not recall his name. 22 THE WITNESS: No. 1 have no 23 Q. Can you give me some of the other names 23 recollection of any contact with them. 24 of people above you? 24 Q. (By Mr. Taylor) Can you explain why this 25 A. Walter Schalk. 25 letter would be under your signature as opposed to Page 50 Page 52 1 Q. Okay. 1 either a sales manager or a marketing manager, why 2 A. Don Mariner, Howard Bergen. 2 it would come from you? 3 Q. And what were their titles, sir? As you 3 A. Because we were the ones that were 4 give me a name, if you can back it up with a title, 4 encouraging to find replacements for the Aroclors. 5 I'd appreciate it. 5 Q. Encouraging who? 6 A. Walter Schalk was the marketing manager 6 A. Monsanto management. 7 for all plasticizers. Who were the other names 1 7 Q. Okay. Tell me a little bit about that. 8 gave you? Howard Bergen, he was marketing manager 8 When you say encouraging, can you give me some 9 forTherminol fluids. And there was one other one 1 9 details in relation to that? 10 gave you. 10 A. My immediate supervisor at that time was 11 MR. DIMURO: Don Mariner. 11 Walter Schalk and his supervisor was Jim 12 THE WITNESS: Don Mariner, he was 12 Springgate. Cumming Paton and 1 both felt that we 13 marketing manager for plasticizers. 13 needed to find replacements because of the 14 Q. (By Mr. Taylor) And the title marketing 14 widespread publicity on the PCBs, and we knew we 15 manager, was that considered to be a higher level 15 were going to have a problem in the near future if 16 than your position as product manager? 16 we did not find replacement products. 17 A. Yes, it was. Yes, it was. 17 Q. When did you start sensing that because 18 Q. Okay. Well, what was your function in 18 of the publicity that you were going to have some 19 dealing with the customers during this time when it 19 problems? 20 was being pulled from the market? 20 A. It was either'69 or early'70. 21 A. Basically at this time 1 just stopped 21 Q. And tell me a little bit about that. 22 because it was in September. 1 went out and 22 What was the climate out in the marketplace? 23 accepted another job from a firm in California, 23 A. The climate? What do you mean by 24 Signal Chemical. And 1 more or less withdrew, 24 climate? 25 because at the end of November 1 left Monsanto; and 25 Q. Well, what was being stated in the Waychoff Pages 49 - 52 HARTOLDMON0004604 Page 53 Page 55 1 marketplace about the concerns over PCBs? 1 late'60s? 2 A. There were articles in newspapers about 2 A. 1 don't recall the ad hoc committees. 1 3 discovery of PCBs in the world environment. And we 3 know there were meetings taking place about what 4 could -- Cumming Paton and 1 could just see this 4 Monsanto should do, but 1 do not recall the name o 5 thing getting bigger and bigger. 5 an ad hoc committee or anything like that. 6 Q. When 1 say marketplace, 1 mean what was 6 (A discussion ensued off the record.) 7 the scuttlebutt with the customers and your sales 7 (A recess was taken.) 8 force in relation to your efforts to supply them 8 (Whereupon, Mr. Raditz attends 9 with Aroclors? 9 deposition by telephone.) 10 A. 1 don't know what it--if there was any 10 (The record was read by the reporter.) 11 repercussions with the customers at that time, sir. 11 Q. (By Mr. Taylor) Okay. What do you 12 Q. My question is were the customers 12 remember about the meetings that you referred to, 13 contacting either you or anyone in your sales force 13 that you were aware of? 14 about their concerns over the Aroclor products? 14 A. Sir, that was 27 years ago; and 1 really 15 A. No, sir. 15 don't recall anything specific about those meetings. 16 Q. When you say that you and Cumming Paton 16 Q. Well, how about generally? 17 could see that there was a problem, what do you mean 17 A. Generally just that there were some 18 by that? 18 discussions as to what we should do; and that's all 19 A. We could visualize the publicity being 19 1 remember, sir. 20 raised a great deal, the scuttlebutt or publicity 20 Q. Well, were you part of those discussions? 21 about the Aroclors in the environment. 21 A. 1 honestly don't remember whether 1 was 22 Q. And did you see any effect to the bottom 22 or not, sir. 23 line on the sales because of that publicity between 23 Q. Well, you do remember discussions? 24 say 1968 and 1969 and up until the time it was 24 A. 1 do remember there were discussions, 25 withdrawn from the market? 25 yes, sir. Page 54 Page 56 1 A. No. We really didn't see any effect on 1 Q. And what did those discussions generally 2 the sales at that time because Monsanto is the one 2 cover? 3 that caused the effect on the sales because they 3 A. 1 don't remember, sir. 4 withdrew the products from the market. 4 Q. You do know that they generally covered 5 Q. In relation to the decision, was there a 5 the removal of Aroclors from the market, correct? 6 period of time prior to say September of 1970 that 6 A. That is correct, yes, sir. 7 the customers were advised that the Aroclor products 7 Q. And who was leading those discussions? 8 were going to be phased out? 8 Who at Monsanto was leading those discussions? 9 A. Not that 1 know of, sir. 9 A. 1 don't remember the name of the person 10 Q. Were you involved in any way, whether an 10 that was leading those discussions. At that time 1 11 official committee at Monsanto, in that process 11 would suspect that it was Jim Springgate and Howard 12 leading up to the decision to withdraw Aroclors from 12 Bergen. 13 the market? 13 Q. Okay. And were you privy to any - 14 A. No, 1 was not. 14 whether it was a formal meeting or otherwise -- to 15 Q. Were you aware that there were committees 15 any of those discussions about the withdrawal of the 16 formed within Monsanto to study the publicity that 16 Aroclors? 17 came out in the late '60s on the PCBs and how 17 A. Would you state that again, please? 18 Monsanto was going to react to that publicity? 18 Q. Were you privy to any of those 19 MR. DIMURO: Object to the form. You 19 discussions, whether it was in a formal meeting or 20 can answer it. 20 otherwise, in connection with the withdrawal of the 21 THE WITNESS: 1 really don't recall, 21 Aroclors from the market? 22 sir. 1 really don't. 22 A. 1 know 1 was not privy to what was 23 Q. (By Mr. Taylor) Do you remember what was 23 discussed and what was decided. I'm looking at the 24 called an ad hoc committee made up of Monsanto 24 September 23rd letter which has my signature on it, 25 employees that was dealing with the PCB issue in the 25 and I'm looking at a price sheet dated the same date Waychoff Pages 53 - 56 HARTOLDMON0004605 Page 57 Page 59 1 with the name Willis Clark on it; and 1 have no idea 1 memorandum regarding Congoleum, Inc., which you were 2 who Wilis Clark is even. 2 copied; and it's to a Mr. Lonsberg from Mr. Elmer 3 Q. Okay. Just so the record is clear, 3 Wheeler. 4 Waychoff Exhibit 4 has a second page which is a 4 If you can, take a look at that. 5 price list with a signature of Willis S. Clark at 5 A. (Witness complies with request of 6 the bottom; and that bears the date also of 6 counsel.) 7 September 23, 1970. 7 Q. Do you remember that document? 8 Was anyone in your department, in the 8 A. 1 recognize the document, yes, sir. 1 do 9 products department, asked to participate in any of 9 not recall the specific memo, but 1 can recall the 10 these meetings in connection with the withdrawal o 110 document and what he was referring to. 11 the Aroclors from the market? 11 Q. And why don't you just give me your 12 A. Not that 1 know of, sir. Or 1 don't 12 general recollection of what he was referring to and 13 recall 1 should say. 13 the circumstances behind this memorandum? 14 Q. Did you have any opinion as to whether 14 A. There was a company in St. Louis that 15 the Aroclors should have been withdrawn from the 15 used Aroclorto make decals on soda bottles, like 16 market or not? 16 when you see the word Pepsi on a soda bottle or 17 A. 1 had an opinion; and 1 said yes, we 17 something like that. And they were using Aroclor in 18 should take them out of the market. 18 an ink to make the printing. They then passed it 19 Q. And when did you form that opinion? 19 through an oven at high temperatures. They did not 20 A. Probably in 1969. 20 vent the oven to the outdoors. It was just in the 21 Q. And what caused you to form that opinion? 21 room. And the Aroclor fumes and other fumes were 22 A. The worldwide publicity of finding 22 vented out into the work area. And some of the 23 Aroclors in the environment in the world. 23 employees developed chloracne. 24 Q. And was there give and take? Were there 24 Q. And your client -- am 1 pronouncing it 25 others at Monsanto who did not share your opinion ?25 right? Congoleum? Page 58 1 A. Yes, sir. Others thought 1 was making a 2 mountain out of a molehill. 3 Q. And can you tell me who held that 4 opinion? 5 A. Mr. Schalk and Mr. Springgate. 6 Q. What about Cumming Paton? 7 A. Cumming Paton agreed with me. 8 (A discussion ensued off the record.) 9 Q. (By Mr. Taylor) Did you yourself, sir, 10 take any investigative steps regarding some of the 11 publicity and studies that were coming out in the 12 1960s? 13 A. No, 1 did not. 14 Q. Were you asked to participate in any of 15 the studies that were being conducted by Monsanto? 16 A. Participate in any studies? We were just 17 asked for suggestions on what could be used as 18 replacements for the Aroclors. 19 MR. TAYLOR: I'm going to just mark a 20 document with the next number which is 21 Waychoff 5 with today's date. 22 (Document was marked for identification 23 as Defendant's Waychoff Exhibit No. 5.) 24 Q. (By Mr. Taylor) Sir, I'm going to hand 25 you what purports to be an August 27, 1962 Page 60 1 A. Congoleum. 2 Q. Congoleum, I'm sorry. And what other 3 uses did Congoleum use the Aroclor products besides 4 this paint for the - 5 A. Congoleum is not the customer I'm 6 referring to when 1 say they use it in a paint for 7 bottles. 8 Q. Let me just clarify that. Tell me what 9 you mean, what you meant there. 10 A. Dr. Wheeler here 1 believe is referring 11 to a customer in St. Louis that was using the paint 12 for a decal on bottles. 13 Q. Right. 14 A. And they vented it into the atmosphere 15 and their employees developed chloracne. 16 Q. Then why is there a reference to-17 A. Congoleum-Nairn? 18 Q. Right. 19 A. 1 do not know unless Congoleum-Nairn had 20 another application that they were referring to. 21 Q. Okay. 22 A. 1 do not know, sir. 23 Q. Fine. And what applications were you 24 aware of of Congoleum, what they used the Aroclors 25 for? Waychoff Pages 57 - 60 HARTOLDMON0004606 Page 61 1 A. 1 do not know, sir. 2 Q. Was it a plasticizer formulation? 3 A. 1 do not know, sir. 4 Q. And do you remember the details of the 5 referenced lawsuit that is referenced in this 6 memorandum? 7 A. 1 remember reading a memorandum about 8 this lawsuit; and that's all 1 can recall, sir. 9 Q. What do you remember about that 10 memorandum? 11 A. That several employees developed 12 chloracne of the -- customers developed chloracne 13 which is face broke out and arms broke out and they 14 had what looked like pimples all over their face. 15 Q. Would that issue generally, chloracne, be 16 considered under the topic of toxicity of Aroclors, 17 the effects of Aroclors? 18 MR. DIMURO: Object to the form. You 19 can answer it. 20 THE WITNESS: It certainly is not - 1 21 guess you'd have to say it was connected with 22 the toxicity of the Aroclors because it 23 develops a rash. However, they were exposed 24 to high concentrations of hot vapors in an 25 enclosed area; and that's the reason they Page 63 1 1 do not know who T. Hollings is. 1 know who J.D. 2 Wright is but not T. Hollings. 3 Q. Who is J.D. Wright? 4 A. J.D. Wright was in charge of the salesmen 5 of plasticizers in the New York City area, and he 6 reported to -- Mr. Lonsberg reported to Mr. Wright. 7 Q. Okay. And why is it that you would get 8 involved in an issue regarding the health effects or 9 the toxicity of the Aroclors? 10 A. As product manager, Mr. Wheeler copied me 11 in. 12 Q. Just FYI type- 13 A. Yes, sir. 14 Q. --situation? And what was your 15 understanding of the toxicity of the Aroclor 16 products? 17 MR. DIMURO: 1 object to the form. You 18 can answer it. 19 THE WITNESS: The Aroclors, as far as 1 20 was concerned, were not very toxic. 1 mean 21 I've seen people with their clothes saturated 22 with Therminol fluids from transformers. 23 My brother-in-law who works for OSHA, 1 24 told him 1 was going to have to give a 25 deposition on Aroclors; and he said my God, Page 62 Page 64 1 developed the chloracne. 1 he said, my brother was cleaning out 2 Q. (By Mr. Taylor) Was part of your 2 Therminol fluids out of transformers for 3 function as a product manager or before that as a 3 years and his clothes were always saturated 4 technician to advise customers on the toxicity of 4 with it. And he didn't -- because it is 5 Aroclors or any of the other plasticizers? 5 very, very toxic. 6 A. Generally that was written in the back of 6 Q. (By Mr. Taylor) 1 take it that gentleman 7 product bulletins in the information we had on 7 had no ill effects from that - 8 toxicity which was cleared with the medical 8 A. No, no. 9 department. 9 Q. Now, as product manager and before that 10 Q. Do you have any expertise regarding 10 in your technical role before you became product 11 toxicity of Aroclors? 11 manager, were you involved in the formulation of the 12 A. No, sir, 1 do not. 12 wording for the safe handling of the Aroclor 13 Q. So that was not part of any of your 13 products? 14 training? 14 A. No, 1 was not. 15 A. No, sir. The medical department would 15 Q. And whose function at Monsanto was that? 16 tell us what was acceptable and what was not. 16 A. That was primarily the medical 17 Q. Okay. That was my next question. What 17 department's. 18 department at Monsanto would deal with the toxicit'/18 Q. In conjunction with any other department? 19 issue? 19 A. Maybe one of the people that worked for 20 A. The medical department of which Elmer 20 me would work with them in developing the writing 21 Wheeler was a member of the medical department 21 for the precautionary measures. 22 Dr. Emmet Kelly. 22 Q. That's what 1 mean. Did you ever get 23 Q. Okay. And there's a reference here to a 23 involved in that kind of-- 24 T. Hollings. Who is T. Hollings? 24 A. Myself, 1 did not get involved directly, 25 A. T. Hollings? Oh, Hollings in New York. 25 no, sir. Waychoff Pages 61 - 64 HARTOLDMON0004607 Page 65 1 Q. Do you remember any of the people that 1 2 worked underneath you that may have gotten involved 2 3 in the wording and any of the technical bulletins or 3 4 any of the other literature -- 4 5 A. 1 would think Cumming Paton may have. 5 6 Q. Do you have a specific memory that he 6 7 did? 7 8 A. No, sir, 1 do not. 8 9 Q. And why would you think Cumming Paton 9 10 would have? 10 11 A. Because 1 assigned him to be in charge of 11 12 the non-PVC plasticizers. And although Aroclors 12 13 were used with PVC, they were used primarily with 13 14 other resins. 14 15 Q. You said Aroclors were not used with 15 16 PVCs? 16 17 A. Were not primarily used with PVCs. They 17 18 were used with other resins to make rubberized 18 19 coatings, etc. 19 20 Q. Can you think of any application where 20 21 Aroclors were used with PVCs? 21 22 A. They were used in some plastisols. 1 22 23 know that. 23 24 Q. Can you give me an example of them? 24 25 A. You gave me the example here with 25 Page 67 MR. TAYLOR: There is. MR. RADITZ: Okay. MR. TAYLOR: It's Waychoff No. 6; and it is a technical bulletin, No. P-115, entitled Aroclors, or The Aroclors. It bears Bates stamp on the cover MAE 040077, and the document ends at Bates stamp MAE 040103. MR. RADITZ: Okay. 1 don't want to be too much trouble; but I'm having a very, very difficult time hearing. 1 was just wondering if we could maybe try to get the connection again. Carolyn, are you hearing everything okay? MS. O'CONNOR: Well, I've had trouble all morning; but, you know, 1 can basically make it out, yes. 1 can hear okay. MR. RADITZ: I'm barely making anything out. MS. O'CONNOR: Okay. MR. RADITZ: I'm really struggling. MS. O'CONNOR: That's not really fair to you. (A discussion ensued off the record.) Q. (By Mr. Taylor) Okay. We just marked Page 66 Page 68 1 Armstrong Cork. 1 Waychoff No. 6 with today's date; and it's an 2 Q. What example was that? 2 application data bulletin, No. P-115. 3 A. You said a coating for ceiling tile. 3 What were the purposes of these 4 Q. Right. Okay. Are you aware of any 4 bulletins? 5 other? 5 MR. DIMURO: I'm going to object to the 6 A. No, 1 do not, sir, that 1 can remember. 6 form. My copy says that this is dated 7 If you asked me 27 years ago, 1 could probably have 7 somewhere in 1954 and 1953. 1 don't know if 8 told you; but now 1 can't remember, sir. 8 this is the only copy of this particular 9 Q. But there were other applications -- let 9 bulletin. 10 me finish. There were other applications of 10 MR. TAYLOR: 1 don't know either. 11 Aroclors using -- in plastisols involving PVCs? 11 MR. DIMURO: You might want to ask him 12 A. Yes, there were. 12 if he's seen it. 13 Q. And that was an acceptable use? 13 MR. TAYLOR: Oh, 1 will. 14 A. It was to the best of our knowledge, yes, 14 MR. DIMURO: That's just a suggestion. 15 sir. 15 THE WITNESS: This bulletin, may 1 16 MR. TAYLOR: Okay, okay. I'm going to 16 comment on it? 17 mark another -- the next document as Waychoff 17 MR. TAYLOR: Sure. 18 No. 6. And, if you could, hand that to the 18 MR. DIMURO: Sure. 19 witness. 19 THE WITNESS: This is the phosphate 20 (Document was marked for identification 20 division when it was - before it became the 21 as Defendant's Waychoff Exhibit No. 6.) 21 organic division's bulletin, and it says 22 MR. RADITZ: Hello? 22 Bulletin No. 115. It says here it was 23 MR. TAYLOR: Yes, we're here. 23 obsolete 5/5/54. 24 MR. RADITZ: Is there a document being 24 And 1 have an idea this was written by 25 marked? 25 Paul Beniginas and Charlie Williams. Waychoff Pages 65 - 68 HARTOLDMON0004608 Page 69 Page 71 1 Q. (By Mr. Taylor) Can you say that first 1 good enough to identify the document with exhibit 2 name? 2 stamp Waychoff 7 with today's date? 3 A. Paul Beniginas. 3 A. This is a letter, a memo, to me from Jack 4 Q. Do you ever remember seeing this 4 Bonavoglia, whoever he is, concerning a complaint 5 document? 5 that Allied Chemical had people that were - 6 A. I remember seeing this document, but it 6 evidently had some toxicity from Aroclor 1254. 7 was obsolete when I saw it. 7 Q. Do you remember, sir, the application or 8 Q. And what was obsolete about it? 8 use that Allied Chemical & Dye Corporation was 9 A. Newer bulletins came out. 9 putting the Aroclor 1254 in this situation? 10 Q. Okay. If you can, just actually turn to 10 A. No, I am not, sir. 11 Page 3 of the bulletin under general properties. 11 Q. How about generally as a customer? Do 12 A. (Witness complies with request of 12 you remember how they used or how they applied 13 counsel.) 13 Aroclor 1254? 14 Q. And the statement the excellent 14 A. No, I do not, sir. 15 electrical properties, fire resistance and inertness 15 Q. Why don't you take a look at No. 8, 16 of the Aroclors make them useful in many 16 Exhibit No. 8, and identify that document? 17 applications, is that a true statement? 17 MR. DIMURO: Do you have another copy? 18 A. That is a true statement. 18 MR. TAYLOR: Ido. I'm sorry. 19 Q. And as a general proposition, were these 19 MR. DIMURO: Thank you. 20 bulletins to be used to encourage customers to find 20 THE WITNESS: That is a letter to Jack 21 other applications or uses for your products? 21 Bonavoglia in New York from Dr. Emmet Kelly, 22 A. I would say they were, although I was not 22 the medical director of Monsanto Company. It 23 involved with Aroclors at the time this bulletin was 23 discusses Aroclor 1254 and it talks about the 24 written. 24 inhalation of the fumes of Aroclor 1254 and 25 Q. I understand that. But as a general - 25 says if the Aroclor is heated the vapors must Page 70 Page 72 1 I'm going to show you some other technical bulletins 1 be exhausted. 2 that I think were around during your tenure as 2 Q. (By Mr. Taylor) Sir, in your capacity as 3 product manager. 3 a technical adviser, did you make recommendations to 4 A. They were written to encourage people to 4 customers as to the limit or the maximum temperature 5 try to find uses for the Aroclors. 5 which the Aroclors could be heated? 6 MR. TAYLOR: Okay, okay. I'm going to 6 A. No, I did not, sir. 7 mark the next two documents. The first, 7 Q. Do you have an understanding as to what 8 Waychoff 7, is a February 4, 1960 8 the maximum temperature Fahrenheit an Aroclor 1254 9 memorandum. 9 product is recommended to be heated? 10 If you'll mark that as No. 7. 10 A. No, I do not, sir. 11 MR. RADITZ: What was that? February 11 Q. Was there any maximum? 12 4th, 1960? 12 A. I have no knowledge of that, sir. I 13 MR. TAYLOR: February 4, 1960. 13 would have to go back and review all my notes from 14 MR. RADITZ: Okay. '60. 14 27 years -- 28 years ago to see if I could find it. 15 MR. TAYLOR: It's a Monsanto Chemical 15 I do not recall. 16 Company memorandum. 16 Q. Do you ever remember the issue of any 17 (Document was marked for identification 17 maximum temperature being discussed generally for 18 as Defendant's Waychoff Exhibit No. 7.) 18 Aroclor 1254? 19 MR. TAYLOR: And it bears the Bates 19 A. No, I do not, sir. 20 stamp MAE 053785. And the next document, 20 Q. If you look at No. 7- 21 Waychoff 8, which is a February 8th, 1960 21 A. Yes, sir. 22 memorandum bearing Bates MAE 053784. 22 Q. -- Exhibit No. 7, it starts Dear 23 (Document was marked for identification 23 Dr. Kelly in the bottom of the memorandum. 24 as Defendant's Waychoff Exhibit No. 8.) 24 Is that your handwriting? 25 Q. (By Mr. Taylor) Sir, if you would be 25 A. That's myhandwriting. Waychoff Pages 69 - 72 HARTOLDMONOOQ4609 Page 73 1 Q. And is that your initials at the bottom? 2 A. That's me. 3 Q. Can you read that for the record? 4 A. Dr. Kelly, it sounds as though we may 5 have a problem. About a month ago 1 had a wire from 6 New York on these people saying their workmen were 7 getting headaches from heating Aroclor. 1 wired 8 saying avoid fumes, they are toxic. Use 9 ventilation --1 don't know what the next word is - 10 hoods. 11 MR. DIMURO: Fans and hoods maybe. 12 THE WITNESS: Ventilation fans and 13 hoods. 14 Q. (By Mr. Taylor) And was that 15 recommendation to use ventilation fans and hoods 16 communicated as a matter of course to all customers 17 that were purchasing the Aroclor 1254 product? 18 A. No, it was not, because most of them were 19 not heating it. 20 Q. Well, what customers were heating it? 21 A. 1 don't have the slightest idea; but 22 there's a man that had a problem, and so we 23 responded to it, sir. 24 Q. Can you think of any reason why a 25 customer would heat the Aroclors for any of their Page 75 1 department get involved at all in authorizing the 2 language used in any kind of a response to a 3 customer? 4 A. 1 do not know because 1 think the medical 5 department usually took that up with the legal 6 department if they felt it was required. 7 Q. And are you aware of situations where 8 that did happen, where the medical department would 9 discuss a specific complaint with the legal 10 department? 11 A. No, I'm not, sir. 12 Q. I'm not asking you if you remember a 13 specific situation, but generally are you aware that 14 that occurred? 15 A. 1 believe that was the correct procedure, 16 sir. 17 Q. And you're aware that that did occur? 18 A. It has occurred. 1 know that. But 1 do 19 not recall the specific interest it occurred. 20 MS. O'CONNOR: Excuse me. Your voices 21 are trailing off on my end. 22 MR. RADITZ: Yes. Same here. 23 MR. TAYLOR: We'll keep our voices up. 24 THE WITNESS: We've got our heads too 25 close together. Page 74 Page 76 1 applications? 1 Q. (By Mr. Taylor) Sir, if you can now turn 2 A. No, 1 cannot, sir; but evidently Allied 2 your attention to Exhibit 9, Waychoff 9, with 3 Chemical was for some reason. 3 today's date and identify that document for the 4 Q. Was it prohibited to heat the Aroclors? 4 record. 5 A. No, it was not. 5 A. This is a memorandum to Dr. W. Richard, 6 MR. TAYLOR: I'm going to mark a 6 Dr. R. Keller, and Dr. R.E. Kelly and Elmer Wheeler 7 document with today's date Waychoff No. 9 7 from Cumming Paton regarding an article in New 8 which is a July 31, 1968 memorandum entitled 8 Scientist dated the 15th of December, 1996. 9 a "New Chemical Hazard" from Cumming Paton , 9 Q. Were you copied on this memorandum? 10 or authored by Cumming Paton. 10 A. Yes, sir, 1 was copied. 11 If you could, mark that, please. 11 Q. And, sir, generally what is being 12 (Document was marked for identification 12 discussed in this memorandum? 13 as Defendant's Waychoff Exhibit No. 9.) 13 A. It talks about an article that appears in 14 Q. (By Mr. Taylor) Actually before 1 do 14 an English periodical given over to Popular Science. 15 that-- I'm sorry, Mr. Waychoff. 1 have just one 15 Q. Did you read this article that's being 16 follow-up, two follow-up questions relating to 16 referred to in this memorandum? 17 Exhibit No. 7 and No. 8. 17 A. 1 do not recall it, sir. 18 When a complaint came in like the one 18 Q. Do you generally recall the subject 19 that you're discussing with Dr. Kelly in Waychoff 19 matter of the article? 20 No. 7, what was the process within Monsanto to 20 A. Yes. It was about the toxicity of 21 handle a complaint like that? 21 Aroclors or PCBs. 22 A. We would try to get it over to the 22 Q. Now, Cumming Paton was one of the people 23 medical division to help us formulate a response fo '23 that you supervised, correct? 24 the customer. 24 A. That's correct, sir. 25 Q. And in that process did the legal 25 Q. And he states in the second paragraph of Waychoff Pages 73 - 76 HARTOLDMONOOQ4610 Page 77 Page 79 1 this memorandum, quote: Their article on PCB is the 1 discussions start? 2 most opinionated we have seen so far on Aroclor 2 A. 1 don't remember the exact date. 1 would 3 toxicity, and 1 am sure their omission of the word 3 guess --1 would estimate that it was approximately 4 Aroclor has prevented even greater repercussions, 4 early 1970 however. 5 end of quote. 5 Q. Did any of your customers have any 6 Do you know what Mr. Cumming was 6 comment about the article referred to by Mr. Paton 7 referring to by prevented even greater 7 in this memorandum? 8 repercussions? 8 A. No, sir, not that 1 know of. 9 A. No, 1 do not, except publicity is what 9 Q. Did you experience any repercussions from 10 he's talking about I'm sure. 10 your customers in relation to this negative 11 Q. Negative publicity for Monsanto? 11 publicity? 12 A. Negative publicity, yes, sir. 12 A. No, sir, not that 1 know of. 13 Q. And he states, quote: 1 only hope Rachel 13 Q. Did you or anybody in the sales force 14 Carson never subscribed to the New Scientist and 14 bring to your customers' attention this article? 15 that Ralph Nader doesn't decide to! 15 A. No, sir, not that 1 know of. 16 Do you know Rachel Carson? 16 MR. TAYLOR: We're going to mark the 17 A. Yes. She's the author of Silent Spring. 17 next document Waychoff No. 10. 18 Q. Did you read that? 18 (Document was marked for identification 19 A. No, 1 never did. 1 have read articles on 19 as Defendant's Waychoff Exhibit No. 10.) 20 it though. 20 Q. (By Mr. Taylor) For the record, can you 21 Q. Okay. And what is he referring to there, 21 identify this document? 22 that he hopes Rachel Carson never subscribed to it? 22 A. It says it's Monsanto Products 1961. 23 Do you have an understanding of what he meant by 23 Q. Well, for the record, it's a two-page 24 that? 24 document bearing Bates stamps 059907, 059908. 25 MR. DIMURO: Objection. You can 25 And, sir, if you would look -- before 1 Page 78 1 answer. 2 THE WITNESS: 1 can answer it? 3 MR. DIMURO: If you know. 4 THE WITNESS: What? 5 MR. DIMURO: If you know. 6 THE WITNESS: 1 have no idea what he 7 was referring to except, if you know Cumming 8 Paton, he is a very interesting individual. 9 Q. (By Mr. Taylor) Well, 1 don't know 10 Mr. Paton; and 1 take it you do. 11 A. Yes. 12 Q. And what do you think he meant by that? 13 A. That we'd have more unfavorable publicity 14 if she read the article. 15 Q. Now, at this time, on or about July 31, 16 1968 when this memorandum was issued, was there 17 discussions at that time within Monsanto to possibly 18 phase out or -- phase out Aroclors from the market? 19 A. 1 don't believe there was at that time, 20 sir. 21 MR. RADITZ: What time are we talking 22 about? 23 MR. DIMURO: July 31st, 1968. 24 MR. RADITZ: Okay. Thank you. 25 Q. (By Mr. Taylor) When did those Page 80 1 ask you, do you recognize this publication? 2 A. No, sir, 1 do not. Reading it, however, 3 it would appear this was put out by the functional 4 fluid people since they talk about dielectrics for 5 condensers and capacitors and without any reference 6 to plasticizers here. 7 Q. Well, if you look -- it looks to be on 8 the second page. It says in the left-hand corner 9 Page 50. Do you see that down in the lower 10 left-hand corner? 11 A. Yes. 12 Q. Sol don't know what's in Pages 1 to 49. 13 Do you have any recollection of what might be 14 contained in Pages 1 to 49? 15 A. No, 1 do not, sir. 16 Q. Okay. Well, if you will, look under 17 Aroclor in the lower left-hand column. 18 A. Okay. 19 Q. Okay. And it goes on to the top 20 right-hand corner of that page. Second paragraph, 21 it says uses. Do you see that? 22 A. Yes, sir. 23 Q. And about five lines down, in the middle 24 of that line, it says: Aroclors are used as 25 plasticizers and resins in lacquers including Waychoff Pages 77 - 80 HARTOLDMONOOQ4611 Page 81 Page 83 1 nitrocellulose. And then it goes on with ethyl 1 top-quality plasticizers. I fail to see the 2 cellulose and cellulose actate. 2 date this was printed though. 3 MR. DIMURO: Acetate. 3 Q. (By Mr. Taylor) On the right-hand 4 Q. (By Mr. Taylor) Acetate. What are being 4 corner, there's a handwritten indication that's 5 referred to there, if you know? 5 11/66. 6 A. What are they referring to? 6 A. 11/66, okay. 7 Q. Yes. 7 Q. And it states on the cover that no matter 8 A. They're referring to the use -- the 8 what the application or performance specification, 9 addition of Aroclors to these products to make them 9 one or a combination of the plasticizers offered 10 more flexible. 10 here will do the job. 11 Q. So that is an Aroclor -- 11 Is that what it states? 12 A. Plasticizer use, yes, sir. 12 A. That's what it says. 13 (A discussion ensued off the record.) 13 Q. And in your position as product manager, 14 Q. (By Mr. Taylor) Now, is this Products 14 do you have any reason to believe that that was no): 15 1961 a bulletin that was regularly put out every 15 true? 16 year by Monsanto? 16 A. No. I think that was probably a true 17 A. I have no idea, sir. 17 statement. 18 Q. You don't remember seeing, for example - 18 Q. Well, are you aware of a situation where 19 A. I don't remember seeing it, no, sir. 19 the job could not be done with an application of an^| 20 Q. -- for example, Products 1962 or Products 20 of your plasticizers for a specific application? 21 1963? 21 MR. DIMURO: Object to the form. 22 A. No, I do not, sir. 22 THE WITNESS: Do you want me to answer 23 Q. Okay. And as product manager, is it safe 23 it? 24 to assume that if such a publication was introduced 24 MR. DIMURO: You can answer it, sure. 25 by Monsanto you would have known about it? 25 Q. (By Mr. Taylor) I'm referring to the Page 82 Page 84 1 MR. DIMURO: I object to the form. You 1 front page, this statement that no matter what the 2 can answer it. 2 application, it will do the job. 3 THE WITNESS: I should have been able 3 The question is are you aware of any 4 to review anything that appears on 4 situation where there was an application where the 5 plasticizer uses here. 5 job could not be done? 6 Q. (By Mr. Taylor) That's my question. Is 6 MR. DIMURO: I'll object to the form. 7 it safe to assume that if there were other years, 7 MR. RADITZ: I'm sorry. I'm having 8 for example, Products - 8 trouble hearing. 9 A. That I should - 9 MR. TAYLOR: He just said object to the 10 Q. -- 1965 or above, that you would have 10 form. 11 known about it? 11 MR. DIMURO: I object to the form. 12 A. Yes, I should have, sir. 12 MR. RADITZ: I'm not sure what the 13 Q. Okay. And you don't remember any such 13 question was. If I could hear the question? 14 document? 14 MR. DIMURO: All right. Do you want to 15 A. No, sir. 15 repeat it? 16 MR. TAYLOR: Okay. The next document 16 MR. TAYLOR: Why don't you read the 17 is Waychoff No. 11. 17 question? 18 (Document was marked for identification 18 (A discussion ensued off the record.) 19 as Defendant's Waychoff Exhibit No. 11.) 19 (The record was read by the reporter.) 20 Q. (By Mr. Taylor) Can you identify that 20 THE WITNESS: I don't know of anything 21 document for the record, sir? 21 that was ever said to this. I'm sure there's 22 A. It looks like it's a - 22 some salesman's puffery in a technical 23 (A discussion ensued off the record.) 23 bulletin, but I'm not sure of any application 24 THE WITNESS: This looks like it's part 24 where it could not solve most of the 25 of a technical bulletin on Monsanto 25 problems. Waychoff Pages 81 - 84 HARTOLDMONOOQ4612 Page 85 1 Q. (By Mr. Taylor) Okay. And if you can, 2 look in the table contained in this publication; and 3 the table is on the page Bates stamped MAE 059458, 4 059459. And 1 just have a couple of questions. 5 If you look -- the resins, as 1 6 understand, are listed on the left-hand column, 7 correct? 8 A. Yes, sir. 9 Q. And the specific plasticizer is listed 10 across the top in columns, correct? 11 A. That's correct. 12 Q. Now, down at the bottom of that first 13 page that 1 referred to, there's an 1 that equals 14 incompatible? 15 A. Right. 16 Q. And it says next to that figures 17 compatibility, PHR. What does PHR stand for? 18 A. Per hundred of resin. 19 Q. Per hundred of resin? 20 A. (Witness nods head affirmatively.) 21 Q. Okay. Now, if you'll look, sir, at the 22 top of the column under vinyl type up here - 23 A. Yes, sir. 24 Q. -- you'll see polyvinyl chloride? 25 A. Yes, sir. Page 87 1 PVC. 2 Q. 1 understand. Thank you. Are you aware 3 of any of the component ingredients in the Armstrong 4 ceiling tiles? 5 A. No, sir, 1 am not. 6 Q. Are you aware of any of the substances 7 which made up the ceiling tiles? 8 A. No, sir. 9 Q. Do you have any information that the 10 Aroclor 1254 product was incompatible with the 11 ceiling tiles of Armstrong? 12 A. 1 have no information on that. 13 Q. Are you aware of any technical bulletin 14 or other literature issued by Monsanto which advised 15 customers that Aroclor 1254 was incompatible with 16 certain materials? 17 A. In other bulletins that said they were 18 incompatible with certain materials? 19 MR. DIMURO: Object to the form. 20 Q. (By Mr. Taylor) That come to mind, that 21 you can give me an example of. 22 A. 1 cannot give you an example of any that 23 come to mind, sir. Can you hear me? 24 Q. Not withstanding any of the technical 25 bulletins, you personally, are you personally aware Page 86 Page 88 1 Q. And is that what's known as PVC? 1 of any materials with which Aroclor 1254 was 2 A. Yes, sir. 2 incompatible and should not be used for any reason? 3 Q. And if you go over to the next page, all 3 MR. DIMURO: Object to the form of the 4 the way across along the top listing the 4 question. 5 plasticizers, you'll see Aroclor? 5 MR. RADITZ: 1 join the objection. 6 A. Yes, sir. 6 THE WITNESS: What was that? 7 Q. And is that column, Aroclor, generally 7 MR. TAYLOR: He just joined in the 8 all types of Aroclors? 8 objection. 9 A. 1 would assume it is, sir, yes, sir. 9 THE WITNESS: Okay. What was the 10 Q. Okay. And how many types of Aroclors 10 question again? 1 get listening to the side 11 were there? 11 talk and - 12 A. Oh, boy. 21,32. There must have been 12 MR. TAYLOR: 1 understand. She can 13 at least a dozen, but 1 don't know exactly how many 13 read it back for you. 14 there were without going back. 14 (A discussion ensued off the record.) 15 Q. Okay. 1 don't need an exact number. And 15 (The record was read by the reporter.) 16 it states underneath Aroclors the number 35. Do you 16 THE WITNESS: If 1 understand the 17 see that? 17 question correctly, it's asking me if 1 know 18 A. Yes, sir. 18 of any applications where Aroclor 1254 was 19 Q. Explain the significance of 35 to the PHR 19 incompatible with the resin and should not be 20 as to PVCs. 20 used. 21 A. If you use more than 35 pounds of Aroclor 21 The technical bulletin describes - 22 to 100 pounds of PVC, you would get a sticky, gooey 22 gives several examples where it was not 23 mess coming out. So you have -- because Aroclor was 23 compatible and should not be used. 24 a secondary plasticizer that had to be mixed with a 24 Q. (By Mr. Taylor) Can you tell me what 25 primary plasticizer to make it fully compatible with 25 some of those applications are? Waychoff Pages 85 - 88 HARTOLDMONOOQ4613 Page 89 1 A. It was just with various resins. For 2 example, if you look at the table, it says they're 3 incompatible with such things as polyesters, epoxy 4 resins, cellulose acetate butyrate, and melamine. 5 So you would not use the Aroclor with 6 those resins. 7 Q. Okay. 1 just have a question or two 8 regarding what we're going to mark as Waychoff 9 No. 12 which is a December 6th, 1968 memorandum to 10 the file from L.D. Press, P-r-e-s-s. 11 I'll give you -- if you could mark that, 12 please. 13 (Document was marked for identification 14 as Defendant's Waychoff Exhibit No. 12.) 15 Q. (By Mr. Taylor) If you can, just take a 16 minute to review that, sir; and then let me know 17 when you're finished. 18 Are you all still able to hear us? 19 MS. O'CONNOR: I'm able to hear. 20 MR. RADITZ: Yes. 21 MR. TAYLOR: Okay. The witness is just 22 reviewing a document. 23 MR. DIMURO: Do you want to direct his 24 attention to a particular point? 25 MR. TAYLOR: Yes. Page 91 1 Monsanto or by Kimberly-Clark? 2 A. 1 do not know, but 1 would assume from 3 reading the memorandum it was Kimberly-Clark who 4 made the decision. 5 Q. Okay. If you turn to the last page, Page 6 3 of the memorandum, you'll see under the heading 7 forward plans, the second paragraph, it talks about 8 a secret additive. 9 If you could, read that and tell me what 10 your understanding of what the secret additive is 11 referring to. 12 A. 1 have no idea, sir. Mr. Press might be 13 able to give you an answer to that one. 14 Q. The next document, sir, we're going to 15 mark as Waychoff No. 13; and it is a April 22, 1970 16 call report - organic division. 17 MR. DIMURO: '72? 18 MR. TAYLOR: '72. I've got another 19 copy for you. 20 MR. DIMURO: You know he wasn't there 21 anymore, right? 22 MR. TAYLOR: I'm sorry. April 22, 23 1970. 24 MR. DIMURO: Okay. 25 III Page 90 Page 92 1 MR. DIMURO: If he needs to read it, 1 (Document was marked for identification 2 let us know. 2 as Defendant's Waychoff Exhibit No. 13.) 3 MR. TAYLOR: Okay. Exactly. If 1 ask 3 Q. (By Mr. Taylor) If you could, take a 4 him a question and you want him to read the 4 look at that document and review it and identify 5 memorandum more, that's fine. 5 it. Let me know when you're finished. 6 Q. (By Mr. Taylor) In the first paragraph 6 A. I'm finished. 7 under the heading summary, you'll see that it refers 7 Q. Okay. Who was the author of this call 8 to the trial at Balfour of the 75/25; and then it 8 report? 9 goes on. 9 A. Somebody by the name of L. Berlik, 10 What is that referring to, sir? 10 whoever he is. 11 A. When 1 read this memorandum, it says 75 11 Q. You don't remember that individual? 12 parts of DOP to 25 parts of Aroclor 1254 blended 12 A. Ido not know that individual, and this 13 together and used in some sort of an application at 13 does not look like a Monsanto call report. 14 Kimberly-Clark and they had to be suspended because 14 Q. I'm sorry. Say that again. 15 the vapors system - the exhaust was not able to 15 A. It does not look like a Monsanto call 16 take care of the fumes of the Aroclor. 16 report. 17 Q. Okay. Do you know, sir, what application 17 Q. And tell me why. 18 Kimberly-Clark was either utilizing or attempting to 18 A. The form was different on Monsanto. This 19 utilize this mixture of the Aroclor with the DOP? 19 looks like it might be a distributor making a call. 20 A. No, 1 do not. 20 Q. If you look in the top left-hand corner, 21 Q. Are you aware of any of the applications 21 it says Monsanto in bold print. 22 utilized by Kimberly-Clark generally? 22 A. Yes, sir. 23 A. No, 1 am not. 23 Q. Does that indicate that that would be a 24 Q. And when it says the use of Aroclor 1254 24 Monsanto form? 25 is temporarily abandoned, was that decision made by 25 A. That would indicate it, but 1 do not Waychoff Pages 89 - 92 HARTOLDMONOOQ4614 Page 93 1 recognize the form that is used as far as call 2 report information. 3 Q. Okay. What form do you remember and how 4 did it differ to this? 5 A. Well, this has a whole series of customer 6 name. It has customer mailing list changes and 7 several other things. And then it just doesn't look 8 right to me. 9 Q. Okay. Can you describe to me the form 10 that you remember and what information would be 11 contained on the form call report that you have a 12 recollection of? 13 A. Some of the results down here would be 14 reported; but the form that 1 remember is a form 15 that would give the name of the customer, the 16 address of the customer, the date of call, the 17 person that called upon. 18 Q. Okay. It says in the objectives 19 paragraph, No. 2, identify reasons for below budget 20 purchases of Aroclors. And below budget is 21 emphasized by it being underlined. 22 What is the salesman referring to there? 23 A. He's just saying that they had planned on 24 selling more Aroclor and they aren't selling as much 25 as they thought they were, should. Page 95 1 A. To the best of my knowledge, they were 2 not at that time. 3 Q. So as far as they knew, the sales force 4 was to be under all-systems-are-go and sell as much 5 product as possible? 6 A. Yes, sir. 7 MR. TAYLOR: We'll mark the next 8 document with the next number which 1 believe 9 is 14. If you could, mark that with today's 10 date. 11 And, Mr. Waychoff, if you could, review 12 the document and let me know when you're 13 finished after it's marked. 14 (Document was marked for identification 15 as Defendant's Waychoff Exhibit No. 14.) 16 MR. DIMURO: Is there a date for this 17 document? 18 MR. TAYLOR: 1 was going to ask him. 19 It was produced in this fashion. 20 MR. DIMURO: Okay. 21 MR. TAYLOR: That was one of the issues 22 we raised in one of our letters to see if 23 that was part of a larger document. 24 MR. DIMURO: 1 don't think we could 25 tell. Page 94 Page 96 1 Q. Who was planning to sell more Aroclor? 1 MR. TAYLOR: Right. 2 A. The salesman, Mr. Berlik. 2 MR. RADITZ: What's the ID of this 3 Q. Well, in this time in April of 1970, was 3 document? 4 Monsanto in the process of phasing out Aroclors from 4 MR. DIMURO: It's MAE 059968 through 5 the market? 5 73. 6 A. 1 don't believe they were in the process 6 MR. RADITZ: Thank you. 7 of phasing them out at that time. There was 7 Q. (By Mr. Taylor) Why don't you identify 8 discussion about it; but they had not notified any 8 this document, if you can? Can you identify this 9 customers yet, to the best of my knowledge. 9 document? 10 Q. And what were the salesmen or the sales 10 A. No. 1 never saw this document, because 11 force being told about that process leading up to 11 this looks like it was all written after 1 left 12 the eventual withdrawal of the Aroclors from the 12 Monsanto. 13 market? 13 Q. And what makes you think that? 14 MR. DIMURO: Object to the form of the 14 A. It says we discontinued all sales of PCBs 15 question. Go ahead. 15 to domestic U.S. customers for plasticizer 16 THE WITNESS: 1 don't believe they were 16 applications one year ago. And when 1 left 17 told anything at that stage of the game, sir. 17 Monsanto, they were still selling them, sir. 18 Q. (By Mr. Taylor) You mean the sales force 18 Q. It states on the page number bearing 19 would not - 19 Bates MAE 059971 -- if you can, turn to that page. 20 A. Sales force was not informed of that at 20 A. (Witness complies with request of 21 that time. The final decision had not been made 21 counsel.) 22 yet. 22 Q. It states Monsanto's Aroclor Plasticizer 23 Q. Okay. The sales force was not instructed 23 Bulletin O/PL-306 may appear to the layman to 24 or informed that possibly the product was going to 24 indicate that PCB found its way deliberately into 25 be pulled? 25 almost every product produced in the nation. Waychoff Pages 93 - 96 HARTOLDMONOOQ4615 Page 97 Page 99 1 Do you read that? 1 stored? 2 A. Yeah, 1 read that. 2 A. 1 don't have the slightest idea, sir. 3 Q. And do you agree with that statement, 3 Q. Do you ever remember seeing the forms? 4 that the Technical Bulletin 306 to a layman may 4 A. 1 do not recall seeing the forms. 5 portray that message? 5 Q. Do you ever remember seeing a summary of 6 A. I'd have to read the bulletin. 6 the forms by way of a report or an overall synopsis 7 MR. DIMURO: 1 object to the form. 7 of the survey? 8 THE WITNESS: 1 don't know what the 8 A. Only on Page 71 of this MAE. 9 bulletin says. 9 Q. And we'll get to that, but do you have a 10 Q. (By Mr. Taylor) Okay. Sir, in the 10 recollection of seeing those results? 11 second paragraph it says that in 1969 an exhaustive 11 A. No, 1 have no recollection, sir. 12 survey of our PCB customers was made to determine 12 Q. 1 thought you said other than what's on 13 exactly where these products were being used. 13 Page 71 of this document. What do you mean by that? 14 Did you participate in that survey? 14 A. That's the only results I've seen of that 15 A. No. 1 believe Cumming Paton headed that 15 survey. 16 up. 16 Q. Sitting here today? 17 Q. And did anyone else work on that survey 17 A. Sitting here today, that 1 recall. 18 with Cumming Paton? 18 Q. Well, do you remember having an 19 A. 1 do not know, sir. 19 impression from the survey as to where the majority 20 Q. Well, you do remember that Cumming Paton 20 of the Aroclor products were being used or in what 21 was involved? 21 types of applications? 22 A. Cumming Paton was involved, yes, sir. 22 A. Not from that survey. Only from what 1 23 Q. And did Mr. Paton give you any report on 23 see on Page 71 here. 24 that survey? 24 Q. Okay. We'll get to that. Now, the 25 A. I'm certain he did; but 1 don't recall 25 survey, according to this document, on the bottom of Page 98 1 it, sir. 2 Q. Were you ever supplied with the results 3 of that survey? 4 A. I'm sure 1 was; but 1 do not recall the 5 results of that survey, sir. 6 Q. Do you have any general understanding of 7 what that survey indicated as far as the uses of the 8 PCBs? 9 A. No, 1 do not, sir. 10 Q. Were the results filed within your 11 department? 12 A. They probably were; but 1 don't recall 13 them, sir. 14 Q. And was it a type of a -- a handout type 15 form that was given to each customer to fill out and 16 then returned or was it more of an interview type 17 process? 18 A. 1 believe it was more of an interview 19 type process with the salesmen asking the questions. 20 Q. And then the salesmen taking down the 21 answers - 22 A. Yes,sir. 23 Q. --on a form of some sort? 24 A. Yes,sir. 25 Q. Anddoyou know where those forms were Page 100 1 Page 059971 states that 57 percent of the customers 2 use the Aroclors in surface coatings. Is that 3 correct? 4 A. That's what it says here, yes, sir. 5 Q. What do you consider surface coatings? 6 A. Paints, that type of thing. 7 Q. What type of thing? I'm sorry. 8 A. Where the Aroclor would be used in 9 something that would be applied as a coating to a 10 substratum. 11 Q. And you said paints. Any other examples? 12 A. Lacquers would be an example, but 1 can't 13 think of Aroclors being used in lacquers. 14 Q. And 1 believe you said paints as a 15 subsurface. Is that what you said? 16 A. Paint would be applied to a subsurface, 17 to a surface. 18 Q. Okay. And for the record, in your mind, 19 differentiate between what is considered a surface 20 coating and a sealant for the purposes of, you know, 21 what's considered a use of an Aroclor product. 22 A. Sealant would be something like a 23 caulking compound, and a surface coating would be a 24 paint. 25 Q. A decorative paint or some other kind of Waychoff Pages 97-100 HARTOLDMONOOQ4616 Page 101 1 paint? 2 A. Any kind of paint would be considered a 3 surface coating. 4 Q. Would you have considered, sir, the 5 coating on a ceiling tile to be a surface coating? 6 A. 1 would consider that to be a surface 7 coating, yes, sir. 8 Q. Okay. And it says adhesives, 17 9 percent. Describe to me the types of uses that 10 would be considered adhesives. 11 A. Mixed with polyvinyl acetate emulsions to 12 make Elmer's Glue, that would be an adhesive. There 13 are other adhesives that might be used in the 14 automotive industry to adhere insulation, or sound 15 deadening material to panels would be adhesive. 16 Q. Tapes, electrical tapes, things like 17 that, would that be considered adhesives? 18 A. 1 don't know how you'd classify that, 19 sir. 20 Q. Could that possibly be classified in the 21 miscellaneous column? 22 A. 1 would think that would be more in the 23 miscellaneous column, sir. 24 Q. And that's 6 percent. What other uses 25 would be considered -- that you can think of that Page 103 1 A. 1 would say yes, sir. 2 Q. 1 guess 1 want to understand what you say 3 was a dream. Did it exist or did it not exist? 4 A. It existed but not in aformalized way. 5 Q. Okay. It was just given a name kind of 6 to market that name that you had such a council 7 within the company? 8 A. Yes, sir. 9 Q. And whether it was formal or informal, 10 did you ever sit as a member on the council? 11 A. I'm sure 1 did, sir. 12 Q. What makes you sure you did? 13 A. Because 1 was a worldwide product manager 14 for the products. 15 Q. And give me an example of a situation 16 that the council would get involved in. 17 MR. DIMURO: Object to the form. 18 THE WITNESS: 1 can't think of an 19 example, sir. 20 Q. (By Mr. Taylor) Well, for example, if a 21 customer didn't know what to do with 1254, would 22 that be something that the council would advise that 23 customer on? 24 A. No. A better example would be a guy that 25 was making something for the automotive industry and Page 102 Page 104 1 may fall under the miscellaneous column? 1 could not meet the tensile strength requirements of 2 A. 1 haven't the slightest idea. It's too 2 a piece of injection molding. The council might 3 long ago. 3 meet and say hey, if you take out X parts of DOP and 4 Q. Okay. Sir, were you on the Monsanto 4 replace it with X parts of Santicizer 160 your 5 plasticizer council? 5 tensile strength would be increased by 200 pounds 6 A. 1 guess 1 was, yes, sir. 6 per square inch. 7 MR. DIMURO: Well, 1 don't want you to 7 MR. TAYLOR: The next document will be 8 guess. 8 Waychoff 15. 9 THE WITNESS: Not guess? 1 can't 9 (Document was marked for identification 10 remember the plasticizer council hardly at 10 as Defendant's Waychoff Exhibit No. 15.) 11 all, sir. 11 (A recess was taken.) 12 Q. (By Mr. Taylor) Well, you were aware of 12 Q. (By Mr. Taylor) Mr. Waychoff, you have 13 a body by the name of the plasticizer council? 13 before you what's been marked as Waychoff 15 with 14 A. That was a salesman's dream 1 think. 14 today's date. 15 Q. Tell me what you mean by that. 15 MS. O'CONNOR: Is Adam on the line? 16 A. 1 think you just try to gussy it up and 16 MR. RADITZ: Yes, 1 am. 17 make it sound big. 17 MS. O'CONNOR: Oh, sorry. Okay. 18 Q. And what was your recollection of what 18 Q. (By Mr. Taylor) Can you identify that 19 function the plasticizer council played within 19 document? 20 Monsanto or for its customers? 20 A. It's a personal and confidential 21 A. If a customer had a problem, they would 21 memorandum to all the market managers in the United 22 bring it to us and we would try to get together and 22 States concerning Aroclor Bulletin O/PL-306. 23 come up with a solution to the problem. 23 Q. Okay. Sir, it says in that first 24 Q. Now, is that part of the plasticizer 24 paragraph it has been out of print for some time. 25 council's function? 25 And this memo is dated April 3, 1970. Waychoff Pages 101 -104 HARTOLDMONOOQ4617 Page 105 Page 107 1 Do you know when that bulletin went out 1 Q. Okay. So the sales director or the 2 of print? 2 marketing directors would not have been involved in 3 A. No, 1 do not, sir. 3 that decision - 4 Q. Can you estimate the time frame? 4 A. No. 5 A. 1 would only be guessing, and I'd prefer 5 Q. -- to keep out of print or - 6 not to guess. 6 A. Cumming Paton was probably the man who 7 Q. Well, was it during your tenure as 7 was involved, although 1 cannot swear to that. 8 product manager between 1960 and 1970? 8 Q. Okay. And would it have been within his 9 A. Yes, it was. 9 authority to make the decision that we are not going 10 Q. Would it be closer to 1970 than 1965 that 10 to distribute any more copies of Technical Bulletin 11 it went out of print? 11 306? 12 A. 1 don't know, sir. 12 A. If he knew it was incorrect, he could 13 Q. Okay. Do you know why it went out of 13 make that decision, yes, sir. 14 print? 14 Q. Okay. And just so I'm clear, the main 15 A. Because we started to get information - 15 reason that it was not distributed or that it 16 1 mean a lot of the technical bulletins were revised 16 stopped being distributed was because of the 17 during that period of time. Some of those became 17 publicity that was being put out in the media 18 massive jobs. And then we started to write this 18 regarding PCBs? 19 one. When we started to look at this one, we 19 MR. DIMURO: Object to the form. You 20 realized that whoops, we were going to have to do a 20 can answer it. 21 lot of changes. 21 THE WITNESS: To the best of my 22 Q. When you say whoops, we had to do a lot 22 knowledge, that would be correct. 23 of changes, what do you mean by that? 23 Q. (By Mr. Taylor) Are you aware of any 24 A. There was information coming to light on 24 other technical reason that it was not distributed 25 the Aroclor problem and so we had to do some 25 any longer? Page 106 Page 108 1 changing. 1 A. No, sir. 2 Q. And the company -- well, whose decision 2 Q. Okay. And the date of this memorandum, 3 was it to pull it from print or to take it out of 3 April 3, 1970, was during the time that the company 4 print? 4 was in the process of making a decision to withdraw 5 A. It was nobody's decision that was made. 5 PCB products from the market,correct? 6 They just printed up so many copies; and when we 6 A. That is correct. 7 distributed them all, then it was out of print. 7 Q. Just give me amoment. What was meant by 8 Q. 1 understand. But was there a conscious 8 for your information only, that phrase? Do you have 9 decision not to put it back on the copier? 9 an understanding of that? 10 A. No, not that 1 know of. We realized it 10 MR. DIMURO: In this document? 11 had to be revised. 11 Q. (By Mr. Taylor) In this document. It 12 Q. Right. 12 says -- there's a caption -- for your information 13 A. And so we decided we were not going to 13 only. Do you see that? 14 send out any more until we revised it. 14 A. Yes, 1 do. 15 Q. Okay. That's what I'm saying. Who was 15 Q. Do you know what Mr. Paton was referring 16 involved in that decision to decide that you weren't 16 to there? 17 going to send out any more? 17 A. He was just saying--no, 1 don't know 18 A. 1 do not know, sir. 18 specifically what he's referring to, sir. 19 Q. Were you involved in that? 19 Q. Okay. Well, if you look at the 20 A. 1 probably was, but 1 cannot say for 20 recipients of this memorandum, is there any reason 21 sure. 21 to believe that the intendant recipient was only a 22 Q. Would it have been something decided at 22 specific -- or a specific group of people within 23 your level or above you? 23 Monsanto, to be kept from other departments or 24 A. It would probably be my level or below 24 anything like that? 25 me. 25 MR. DIMURO: Object to the form. You Waychoff Pages 105 - 108 HARTOLDMONOOQ4618 Page 109 Page 111 1 can answer it, if you know. 1 A. Where we would develop substitutes for 2 THE WITNESS: 1 don't know why he said 2 the Aroclors for specific applications. 3 that. 3 Q. Okay. And those substitutes included 4 Q. (By Mr. Taylor) Why don't you just take 4 some of the santicizer products and things like 5 a look at the recipients? There's a large list of 5 that? 6 them. 6 A. Yes, sir. 7 A. Those are all managers of sales in the 7 Q. And was the research and development 8 retail markets in Europe, Africa, Europe, Hong Kong, 8 department of Monsanto underway in those efforts to 9 Canada, Europe, and the United States. 9 come up with a replacement product? 10 Q. Okay. What I'm trying to find out is, 10 A. Yes, they were, sir. 11 the statement for your information only, did that 11 Q. And how were they faring? 12 mean that the recipients should not share this with 12 A. Pretty good. They came across several of 13 customers or as opposed to other people within 13 them. 14 Monsanto? 14 Q. And what were some of those replacement 15 MR. DIMURO: Object again to the form. 15 products? 16 You can answer it. 16 A. 1 can't recall specifically what products 17 THE WITNESS: 1 would say from reading 17 they developed; but if they were trying to make a 18 the memorandum he is saying hey, we're going 18 plastisol, they would come up with a different 19 to have solutions to this problem, just bear 19 formulation for the plastisol. 20 with us a little bit. 20 Q. Okay. Now, sir, at this time in April of 21 Q. (By Mr. Taylor) And is the reason - 21 1970, about five months or so before you wrote the 22 were these technical bulletins heavily sought after 22 letter in September 1970, had you made your mind up 23 by customers that would say why can't 1 get a copy 23 that Aroclor should be pulled from the market? 24 of it? Was there that kind of pressure going on? 24 A. Yes. We were convinced of that. 25 A. No. 1 think we just told the customers 25 Q. By April of 1970? Page 110 Page 112 1 that they were out of print at this time and going 1 A. Mr. Paton and 1 were convinced of that. 2 to be revised. 2 Q. That you should pull it from the market? 3 Q. And you were telling customers that they 3 A. Yes, sir. 4 were going to be revised? 4 Q. And you were convinced of that as early 5 A. Yes, sir. 5 as April of 1970? 6 Q. And in the first sentence underneath that 6 A. 1 believe that is correct, sir. 7 heading, it says that 306 must be drastically 7 Q. Okay. Now, he goes on to say that it 8 revised in the light of the letter on PCBs that we 8 would appear inconsistent from an image standpoint 9 have sent to Aroclor customers in the U.S. and plan 9 that at the time we are promising support to 10 to send to U.K. and Canadian customers. 10 scientists/agencies we publish a new bulletin 11 What letter is he referring to? 11 promoting PCBs. 12 A. 1 don't know, but did you show me a copy 12 What did he mean by that? 13 of a letter - 13 MR. DIMURO: Again, 1 object to the 14 Q. Idid. 14 form. 15 A. --previously? 15 THE WITNESS: 1 don't know what he 16 Q. 1 showed you a letter that you authored 16 meant by that. 17 in September of 1970. This is April of 1970. 17 Q. (By Mr. Taylor) Well, he says--and 1 18 Was there an earlier letter to customers 18 skipped over the parenthetical that he said in all 19 relating to the Aroclor products and problems 19 sincerity let me emphasize. 20 relating to it? 20 What did he mean by in all sincerity let 21 A. 1 don't know, sir. 21 me emphasize? Do you know? 22 Q. And he goes on to say as you know, we 22 MR. DIMURO: 1 object to the form. 23 have programs underway to solve the problems the PCB 23 THE WITNESS: 1 don't know what he 24 situation poses for our Aroclor business. 24 meant. 25 What programs is he referring to? 25 Q. (By Mr. Taylor) Is it a fair reading Waychoff Pages 109 -112 HARTOLDMONOOQ4619 Page 113 Page 115 1 that he meant that Monsanto was sincerely working 1 (The record was read by the reporter.) 2 with the scientists in the various agencies to solve 2 Q. (By Mr. Taylor) Sir, if you skip down to 3 the PCB problem? 3 the last sentence on that page, Mr. Paton says we 4 A. I don't know what he meant, sir. 4 plan to issue a much-condensed bulletin giving the 5 Q. Okay. Well, he goes on to say in the 5 physical properties of the various Aroclors without 6 sentence right after that that the lack of O/PL-306 6 reference to applications. 7 should not -- and he underlines the word not - 7 Why, sir, were the applications to be 8 inhibit your sales or your efforts. 8 removed from the technical bulletin? 9 Do you see where he says that? 9 A. I have no idea, sir. 10 A. Uh-huh. 10 Q. Would you be willing to speculate as to 11 Q. Sir, in your mind, did you support that 11 why the applications would be - 12 statement that Mr. Paton made? 12 MR. DIMURO: Objection. 13 MR. DIMURO: I object again. 13 MS. O'CONNOR: Objection. 14 MR. TAYLOR: I'll rephrase. 14 MR. DIMURO: I'm not going to have him 15 Q. (By Mr. Taylor) Do you support that 15 speculate. 16 statement that the salesmen should not have their 16 MR. TAYLOR: Let me finish the 17 efforts inhibited at that time? 17 question, if I can; and then you can put your 18 A. Yes. I agree with that statement, only 18 objections on the record. 19 because we were developing replacement products and 19 Q. (By Mr. Taylor) The question is can 20 we wanted to keep the customer receptive to our 20 you -- are you willing to speculate as to why the 21 ideas. 21 references to applications were to be removed by - 22 Q. By saying that the lack of O/PL-306 22 removed in the replacement technical bulletin? 23 should not inhibit your sales efforts, Mr. Paton was 23 MR. DIMURO: I'm going to object to the 24 referring to the sales of Aroclors, correct? 24 form of that question. I advise the witness 25 A. That's correct. 25 not to speculate. If he has any Page 114 Page 116 1 Q. And isn't that inconsistent with the 1 recollection, he can answer. 2 position that you believed, that at the time that 2 THE WITNESS: I do not have any 3 the products should be pulled from the market? 3 recollection, sir. 4 A. We were developing replacement products 4 Q. (By Mr. Taylor) Well, do you remember if 5 for them, sir. You know, if the customer developed 5 there was, in fact, a replacement technical bulletin 6 a use, we would come out with a replacement product, 6 issued? 7 say hey, use this instead of AroclorX, Y, Z. 7 A. I can't recall that, sir. 8 Q. But in the interim, you were still 8 Q. Did you reply in any way to this 9 telling the salesmen that they should not be 9 memorandum to Mr. Paton? 10 inhibited in the sale of their Aroclor products? 10 A. Not that I know of, sir. 11 MR. DIMURO: I'll object. That's not 11 Q. Do you remember discussing this 12 what he said. This is Cumming Paton's 12 memorandum with Mr. Paton? 13 letter. 13 A. I do not recall, sir. 14 MR. TAYLOR: I'm just asking him what 14 Q. Did you discuss this memorandum with 15 his understanding was. 15 anyone else within Monsanto? 16 THE WITNESS: I felt that we had to 16 A. I do not recall sir. 17 keep promoting our image with the customers. 17 Q. Do you remember seeing any kind of 18 Q. (By Mr. Taylor) And part of that image 18 correspondence or memoranda that were issued in 19 was to be able to supply them with products that 19 response by any of the people to Mr. Paton's 20 they needed including Aroclors? 20 memorandum? 21 A. At least let them do the research with 21 A. No, sir, I do not. 22 the Aroclor products. How far they would get 22 (A discussion ensued off the record.) 23 towards going commercial is another question. 23 Q. (By Mr. Taylor) Sir, did you have any 24 MR. RADITZ: Can you read back that 24 involvement with AMSCO? 25 last response? 25 A. That was a distributor set up to handle Waych off Pages 113-116 HARTOLDMON0004620 Page 117 Page 119 1 small volumes, and I had very little involvement 1 distributorship situation? 2 with AMSCO. 2 A. A memorandum? 3 Q. Well, why don't you tell me what 3 Q. No. An agreement, written agreement. 4 involvement you did have with AMSCO? 4 A. I'm sure there was a written agreement; 5 A. I cannot recall that I really had any 5 but I do not recall seeing it, sir. 6 except to make sure they had our technical 6 Q. You had no involvement with the terms of 7 literature, and they then went from there to calling 7 that agreement? 8 on their own customers trying to promote the 8 A. No. That was Mr. Schalk and Mr. Wright 9 Monsanto product line. 9 primarily. 10 MS. O'CONNOR: I can't hear the 10 Q. Okay. Do you remember any name from 11 witness. He needs to move closer to the 11 anyone at AMSCO over the years that you dealt with? 12 phone, please. 12 A. No, I do not, sir. 13 MR. DIMURO: If it was any closer, it 13 Q. And when you would deal with them, would 14 would be in his lap, Carolyn. I could have 14 they come to Monsanto's offices? 15 him repeat -- you want him to repeat the 15 A. No. If I ever saw anybody from AMSCO, it 16 answer? 16 was while I was making a call in the area and the 17 MS. O'CONNOR: Yes, please. 17 salesman would say let's drop in and say hi to them. 18 THE WITNESS: I do not recall having 18 Q. Okay. Now I'm going to mark--I'm going 19 much contact with Amoco or AMSCO, whatever 19 to refer to what has previously been marked in the 20 the name of the place is, American Mineral 20 deposition of Mr. Orem as Exhibit No. 3, and it is 21 Spirits. 21 Aroclor Plasticizers Technical Bulletin 306. 22 We supplied them with technical 22 If you can, review this document. Just 23 bulletins and they went and did their own 23 take a look at it and let me know when you're 24 thing with customers. 24 finished. 25 Q. (By Mr. Taylor) Well, who at AMSCO did 25 Just for the record, it bears Bates stamp Page 118 Page 120 1 you deal with? 1 MAE 040881 on the cover page; and it goes through 2 A. I do not recall the name of anybody. 2 040934. 3 Q. How often would you have interaction with 3 MR. DIMURO: Do you have a specific 4 anyone at AMSCO in any given year? 4 question? 5 A. I can't recall when AMSCO was -- when 5 MR. TAYLOR: Yes. 6 they were appointed distributors for Monsanto 6 Q. (By Mr. Taylor) Obviously you're not 7 products, but I would say it would just be just very 7 going to read the whole thing. I just wanted you to 8 slight contact with AMSCO. 8 get a feel for it. 9 Q. Was there anyone else within Monsanto 9 A. Okay. 10 that had more involvement with AMSCO than yourself? 10 Q. Do you recognize that document? 11 A. Jim Wright and Walter Schalk. 11 A. I think I do, yes, sir. 12 Q. Again? I'm sorry. Who was - 12 Q. Well, was this a document that was 13 MS. O'CONNOR: What was the second 13 produced during your tenure either as a technical 14 name? 14 consultant or as product manager at Monsanto? 15 MR. DIMURO: Walter Schalk. 15 A. I do not remember, sir. 16 Q. (By Mr. Taylor) And if I remember, 16 Q. Who put together the technical bulletin 17 Walter Schalk was a sales - 17 at Monsanto? 18 A. Manager. 18 A. Normally you worked with an ad person. 19 Q. Manager. And Mr. Wright, what was his 19 Q. You said normally you worked with. Who 20 position? 20 is you? 21 A. Also a sales manager, and he was in 21 A. Normally the person that was writing the 22 charge of distributors for a period of time. 22 bulletin worked with an ad person to put it 23 Q. Okay. Was there some sort of an 23 together. 24 agreement between AMSCO and Monsanto that 24 Q. A hired consultant? 25 memorialized this distribution agreement, 25 A. Not hired. Just a member of Monsanto's Waych off Pages 117-120 HARTOLDMONOOQ4621 Page 121 Page 123 1 advertising department. 1 Q. On Page 4 of the document which bears 2 Q. Okay. Now, what department would be 2 Bates stamp MAE 040885, in the middle under the 3 charged with the responsibility to put the technical 3 introduction paragraph -- when you get there, let me 4 bulletin together? 4 know. 5 A. That would be our advertising department. 5 A. Okay. 6 Q. In conjunction with whom? 6 Q. Okay. The paragraph beginning with this 7 A. In conjunction with the person in charge 7 bulletin describes, in the second sentence it says 8 of the product that they were writing the bulletin 8 examination of their physical properties, also given 9 on. 9 in considerable detail, may suggest scores of new 10 Q. So that would be you? 10 uses that would not be performed by any other known 11 A. Yes. If it was written during the time 1 11 material. 12 was product manager, yes. 12 Do you read that? 13 Q. That's my question. During your time as 13 MR. DIMURO: Could not be performed. 14 product manager, did you have involvement in the 14 MR. TAYLOR: I'm sorry. You're right. 15 production of this Technical Bulletin 306? 15 Q. (By Mr. Taylor) Could not be performed 16 A. 1 don't recall the date of this manual; 16 by any other known material, do you see that? 17 and since 1 wrote many technical bulletins, 1 do not 17 A. Yes, sir. 18 recall whether 1 wrote this bulletin or not, sir. 18 Q. What is meant by that, could not be 19 Q. Okay. Maybe you can take a look and 19 performed by any other known material? 20 determine somehow when this document was produced. 20 A. They're just saying here -- you're saying 21 A. That's what 1 was looking for in here, 21 here that these things are versatile, they have 22 see if there was a date anyplace. 22 unique properties, and look at them and see if 23 Q. Okay. If you look--and, again, on the 23 they're suitable in your applications. 24 second to the last page towards the -- almost to the 24 Q. And from a technical point of view, was 25 bottom, very bottom right-hand corner. See if that 25 the technical bulletin produced to give the Page 122 Page 124 1 helps you out any. It looks to me like it says 1 customers ideas on possible uses and -- was it used 2 1/2/68. 2 to give customers ideas for other possible uses? 3 MS. O'CONNOR: 1 can't hear you. 3 MR. DIMURO: Are you talking about this 4 MR. TAYLOR: 1 said it looks to me that 4 bulletin? 5 it says 1/2/68. 5 MR. TAYLOR: This bulletin, 306. 6 Q. (By Mr. Taylor) Do you see that? 6 THE WITNESS: 1 would say yes, it was 7 A. 1 see it, yes, sir. 7 produced in order to try to stimulate 8 Q. Does that help you any in determining 8 consideration of Aroclors and other uses. 9 when this particular bulletin was produced? 9 Q. (By Mr. Taylor) Okay. And 1 may have 10 A. It was probably in 1968, but 1 cannot 10 misunderstood your testimony earlier. 1 thought you 11 guarantee that. 11 said that the Aroclor plasticizers were not 12 Q. Okay. But in your experience in dealing 12 compatible with PVCs, polyvinyl chloride? 13 with the technical bulletins, is that date which I'm 13 A. No. 1 said they had limited 14 referring to consistent with where they would be 14 compatibility. They were considered secondary 15 placed on a technical bulletin? 15 plasticizers having to be used with a primary 16 A. 1 would think it would be on the front 16 plasticizer with PVC. 17 page, not the back page. 17 Q. Okay. Then explain to me on Page 5--if 18 Q. Okay. But irregardless, do you have any 18 you turn to page--under compatibility. There's a 19 recollection of an involvement with this technical 19 heading, compatibility. 20 bulletin in its production or any revisions of it? 20 A. Uh-huh. 21 A. I'm sure 1 did; but 1 cannot recall it, 21 Q. And it says -- well, you can read it. Is 22 sir. 22 that consistent with your last answer, that it 23 Q. Okay. You can hold on to that. I've got 23 needed to be 1 believe a coplasticizer- 24 a couple of follow-up questions. 24 A. Used with aprimary plasticizer. 25 A. Okay. 25 Q. Primary? Waychoff Pages 121-124 HARTOLDMONOOQ4622 Page 125 Page 127 1 A. Yes, sir. 1 compatibility test. One of the most severe used - 2 Q. Is that consistent with this 2 and that may be the word several, but it looks like 3 compatibility table which identifies PVCs as a resin 3 severe used by the industry. 4 that the Aroclors are compatible with? And it 4 Can you describe to me what that test 5 doesn't mention there, as I see it, anything about a 5 is? 6 mixture or that has to be mixed with some other 6 A. Yes, sir. 7 plasticizer. Maybe you can correct me if I'm 7 Q. Well, first of all, tell me what is meant 8 wrong. 8 by no exudation. Is that gooeyness? 9 MR. DIMURO: You're asking him if what 9 A. Stickiness, yes, sir. 10 he just said is now inconsistent with what's 10 Q. Okay. Then if you can tell me - 11 in this table? 11 A. Loop compatibility test is where you take 12 MR. TAYLOR: Yes. 12 a piece of PVC and you bend it over in a sharp angle 13 THE WITNESS: To understand the 13 and let it sit like that. When you open it up, 14 plasticizer business, you must understand 14 right where the crease is there is exudation where 15 that secondary plasticizers are compatible to 15 the plasticizer comes out. And that's just saying 16 vinyl to a limited degree. 16 that if you use up to 25 percent and you run that 17 Once you exceed their compatibility 17 test it will be compatible. 18 limit, then they will exude; and it must be 18 Q. And that's the loop just like turning it, 19 used with a primary plasticizer if you're 19 bending it over? 20 going to use higher concentrations of the 20 A. On itself, yes, sir. 21 secondary plasticizer. 21 Q. Got you.Okay. In the back of the 22 Q. (By Mr. Taylor) That's what I'm trying 22 bulletin -- and we've talked about this earlier and 23 to get at. According to this table, there are uses 23 I said I'd get to it -- they have a statement on 24 of Aroclors with PVCs where the Aroclor is the 24 toxicity and also safe handling. 25 primary plasticizer, correct? 25 MR. DIMURO: What page is that on? Page 126 Page 128 1 A. Yes, if you use a small amount of them. 1 MR. TAYLOR: Page 50 of the bulletin 2 Q. Okay. 2 which is Bates stamped MAE 040931, and it 3 A. If you look over at the bottom of Page 3 goes on to the next page. 4 7- 4 MR. RADITZ: I'm sorry. I'm losing -- 5 Q. Okay. That's where 1 was going to go 5 MR. TAYLOR: Okay. I'll speak up. 6 next. 6 Adam, 1 dropped my voice off. I'm referring 7 A. The bottom of the page there, that's 7 him to Page 50 of the Technical Bulletin 306 8 where it covers plasticizer compatibility. 8 which bears Bates stamp 040931. 9 Q. And it says about 25 percent? 9 MR. RADITZ: Bulletin 306? 10 A. Right. 10 MR. TAYLOR: That's right. 11 Q. Are compatible with -- as a primary 11 MR. RADITZ: Okay. 12 plasticizer with PVCs? 12 MR. TAYLOR: Okay? 13 MR. DIMURO: Where are you reading 13 MR. RADITZ: Thank you. 14 from? The bottom? 14 MR. TAYLOR: Sure. 15 MR. TAYLOR: No. I'm just asking a 15 Q. (By Mr. Taylor) Have you reviewed that? 16 question. I'm not reading. 16 A. 1 am right now. Thank you. 17 MR. DIMURO: 1 didn't know that was a 17 Q. Okay. Just let me know when you're 18 question. Go ahead. 18 finished. 19 THE WITNESS: It says they're 19 A. Okay. Go ahead. 20 compatible about 25 percent of the total 20 Q. Okay. Who at Monsanto created that 21 plasticizer with PVC in the loop 21 statement? 22 compatibility test. 22 A. 1 don't know for sure, but 1 would 23 Q. (By Mr. Taylor) Okay. Let me stop you 23 suspect that this came from the medical department. 24 there. I'm going to ask you that. It states at 24 Q. And was there a medical committee that 25 these levels no exudation occurs in the loop 25 would draft this type of language or would it have Waych off Pages 125-128 HARTOLDMONOOQ4623 Page 129 Page 131 1 been one specific doctor? 1 time? 2 A. Probably one specific doctor consulting 2 A. Yes, sir. 3 with the other doctors. 1 believe the name of the 3 Q. And is this the replacement bulletin 4 man was E.M. Wheeler. 4 referred to in Mr. Paton's memorandum we referred to 5 Q. And do you know if either Dr. Wheeler or 5 earlier that was being worked on? 6 any of the other doctors or any person from the 6 A. 1 don't believe it is. What was that 7 medical department consulted with the legal 7 number of the replacement bulletin, the bulletin 8 department in finalizing and approving that 8 they talked about there? 9 statement? 9 Q. Well, the document was Waychoff No. 15; 10 A. Ido not know definitely if they 10 and it says underneath the caption for your 11 consulted with them. 11 information only O/PL-306 must be drastically 12 Q. When you say definitely, do you have some s 12 revised. 13 sort of qualification on that answer? 13 And I'm wondering if this is the 14 A. 1 just do not know. 14 revision. I'm wondering is 306A the revision 15 Q. Did they seek your advice at all in 15 referred to by Mr. Paton? 16 preparing that statement? 16 MR. RADITZ: I'm losing you. 17 A. No, sir. 17 MR. TAYLOR: Okay. 1 asked him if 306A 18 MR. TAYLOR: Okay. We are going to 18 was the revision referred to by Mr. Paton in 19 have to mark the next document. That 19 Waychoff No. 15. 20 document we don't need to put on the record. 20 MR. RADITZ: Okay. 21 MR. DIMURO: It's already marked. 21 THE WITNESS: 1 do not know, sir. 22 MR. TAYLOR: It's already marked. 22 Q. (By Mr. Taylor) Having reviewed this 23 We'll have to mark and make part of the 23 document, do you recognize the document? 24 record the next document which is No. 16. 24 A. Not really, 1 do not. This one here is 25 III 25 dated April 3rd. 15 is dated April 3rd, 1970. Page 130 Page 132 1 (Document was marked for identification 1 Q. Correct. 2 as Defendant's Waychoff Exhibit No. 16.) 2 A. And the one you're handing me,306A, is 3 Q. (By Mr. Taylor) Do you recognize that 3 referred to as a March of'70 bulletin. 4 document? 4 Q. Correct. 5 A. I'm not into it far enough to see whether 5 A. So 1 would assume that this is not the 6 1 recognize it or not. 6 replacement of 306. 7 MR. TAYLOR: Okay. For the record, 1 7 Q. Okay. Well, sir, if you would,turn to 8 have placed before the witness Technical 8 Page 12 of 306A bearing Bates stamp MAE 040946, 9 Bulletin Aroclor Plasticizers O/PL-306A. 9 going over to the next page, 040947. And if you 10 Q. (By Mr. Taylor) As you're going through 10 would be kind enough to review the statement 11 it, 1 just would ask you to look to see if you can 11 toxicity and safe handling and then on the next page 12 tell from this document when it was produced? 12 environmental hazards, and just tell me if you 13 A. It's an organic division bulletin, so it 13 remember seeing those statements before. 14 was produced after the Aroclors were transferred to 14 MR. DIMURO: I'm not clear. Didn't he 15 the organic division from the inorganic division or 15 just testify he doesn't recall the document? 16 from the old phosphate division; and that would have 16 MR. TAYLOR: 1 asked him if he saw the 17 been sometime after 1955 1 think. 17 statements before. 18 Q. Okay. Well, sir, if you look on the last 18 MR. DIMURO: Okay. Outside of the 19 page of that document which bears Bates stamp 19 document? 20 040949, there appears to me to be a 3/70. 20 MR. TAYLOR: Wherever. 21 A. Yes, sir. It sure does. 21 THE WITNESS: 1 do not specifically 22 Q. Does that refresh your memory as to when 22 recall reading these statements before, sir. 23 this document was produced? 23 Q. (By Mr. Taylor) Would you agree, sir, 24 A. 1 would say that was March of '70, sir. 24 that those statements differ from the statements 25 Q. And you were still at Monsanto at the 25 contained in Technical Bulletin 306? Waychoff Pages 129 - 132 HARTOLDMONOOQ4624 Page 133 Page 135 1 MR. RADITZ: I can't hear. I'm sorry. 1 MR. DIMURO: I object to the form. 2 MR. TAYLOR: I'm sorry. I asked him if 2 THE WITNESS: I do not know if he was 3 he would agree with me that the statements on 3 or not, sir. I would assume he was. 4 safe handling and toxicity differ from the 4 You're asking questions that -- 27 5 statements contained in Technical Bulletin 5 years ago is a long time. 6 306. 6 MR. TAYLOR: Okay. I just have a 7 MR. RADITZ: Okay. Thank you. 7 question about the Monsanto Corporate Fire 8 MR. DIMURO: You can ask him until the 8 Group. I'm going to mark a bulletin entitled 9 cows come home, but isn't it a matter of 9 Monsanto Corporate Fire Group, Fire Retardant 10 record that they differ? I mean do you need 10 Chemicals and Products. 11 this witness to tell you that? 11 And, if you would, give that Waychoff 12 If you want to read the two and look at 12 17 with today's date. 13 the two statements --1 think Mr. Taylor 13 (Document was marked for identification 14 wants you to look at both of these statements 14 as Defendant's Waychoff Exhibit No. 17.) 15 and he's asking you whether they're 15 Q. (By Mr. Taylor) Was this fire group part 16 different, the one in Bulletin 306 and the 16 of your products group at Monsanto? 17 one in Bulletin 306A. 17 A. No, it was not, sir. 18 Do you want him to compare every word? 18 Q. Do you remember the fire group? 19 MR. TAYLOR: No, I don't. 19 A. No, sir, I do not, sir. 20 MR. DIMURO: I mean, if you want, I'll 20 Q. Do you remember ever seeing this 21 stipulate that they're different. 21 bulletin? 22 MR. TAYLOR: I'll move on. 22 A. I do not recall seeing this bulletin. 23 MR. DIMURO: Okay. 23 Q. Can you tell by reviewing the bulletin 24 Q. (By Mr. Taylor) The statement on 24 when it may have been produced? 25 environmental hazards, sir, is in Technical Bulletin 25 A. It looks like it was -- from some of the Page 134 Page 136 1 306A and is not contained in Technical Bulletin 306, 1 stamps, it looks like '71. 2 correct? 2 Q. What are you referring to? I'm sorry. 3 MR. DIMURO: It's not here. 3 A. The stamps on MAE 059467, '71 and '72. 4 THE WITNESS: Not there, yeah. 4 It's an inorganic chemicals division bulletin. 5 Q. (By Mr. Taylor) How did it come about 5 Q. Inorganic? 6 that the environmental hazards statement was placed 6 A. Inorganic. 7 into the Technical Bulletin 306A? 7 Q. And that was not part of your function? 8 A. I do not know, sir. 8 A. No, sir. 9 Q. Okay. 9 Q. And you don't remember such a group when 10 A. All I can--well, I'm assuming again. 10 you were product manager for the plasticizer group? 11 Q. Were you involved at all in that process 11 A. No. I departed Monsanto in November of 12 that placed the environmental hazards statement in 12 1970. 13 the technical bulletin? 13 Q. Prior to that time, you knew of no such 14 A. No, I was not, sir. That would be 14 corporate fire group? 15 Cumming Paton who put that in. 15 A. No, sir. 16 Q. Well, Cumming Paton, you were his 16 Q. Okay. Thanks. 17 supervisor? 17 (A discussion ensued off the record.) 18 A. I was his supervisor, yes, sir. 18 (Document was marked for identification 19 Q. And did he run that by you at all before 19 as Defendant's Waychoff Exhibit No. 18.) 20 he placed it in there? 20 MR. DIMURO: I take it you don't want 21 A. Not that I recall, sir. 21 him to read it cover to cover? 22 Q. Do you remember who he was dealing with 22 MR. TAYLOR: Right. I certainly 23 or if he was dealing with anyone else from other 23 don't. 24 Monsanto departments in drafting and finalizing the 24 MR. DIMURO: Is there a specific 25 environmental hazards statement? 25 section? Waychoff Pages 133 - 136 HARTOLDMONOOQ4625 Page 137 Page 139 1 MR. TAYLOR: Yes. 1 And in the third paragraph under the heading largest 2 Q. (By Mr. Taylor) 1 just want you to just 2 selection of plasticizers from one source, beginning 3 review it briefly just to familiarize yourself with 3 with confronted with multiplicity of end-use 4 the document. 4 requirements, do you see that paragraph? 5 Can you identify the document, which is 5 A. Yes, sir. 6 before you, marked as Waychoff No. 18? 6 Q. It stateseven themostexperienced 7 A. It just says it's a technical bulletin on 7 formulator is bewildered by the maze of 8 Monsanto plasticizers. 8 possibilities of from which to select the one best 9 Q. Do you ever remember seeing this document 9 system for his particular application. 10 before? 10 Do you see that? 11 A. I'm trying to identify it by looking and 11 A. Yes, sir. 12 seeing what pictures it might be showing. 12 Q. Were youinvolved at all in the 13 Q. Okay. You can take the rubber band off. 13 production of this document? 14 Just for the record, it bears Bates MAE 059239 all 14 A. If this is a plasticizer blue book, 1 15 the way through 059448. 15 was, yes, sir. 16 MR. RADITZ: What's the date of that 16 Q. And when they use the term even the most 17 bulletin? 17 experienced formulator, who is being referred to by 18 MR. DIMURO: 1 don't know if there is a 18 even the most experienced formulator? 19 date. 19 A. That would refer to a chemist working at 20 Q. (By Mr. Taylor) Mr. Waychoff, can you 20 a customer's plant. 21 tell from this -- does this document indicate a date 21 Q. And it goes on to say is bewildered by 22 on it? 22 the maze of possibilities. 23 MR. RADITZ: Okay. Thanks. 23 A. Yes, sir. 24 THE WITNESS: 1 cannot find a date on 24 Q. What was meant by bewildered by the maze 25 it. 25 of possibilities? Page 138 Page 140 1 Q. (By Mr. Taylor) If you'd just for a 1 A. There are many ways to skin a cat, and 2 second, Mr. Waychoff, turn your attention back to 2 all it's saying here is that of all those ways to 3 the fire group document. 3 skin a cat he doesn't know what the best way is; and 4 Generally as product manager, were you 4 this book is supposed to be designed to help him 5 aware -- well, did you keep abreast of some of the 5 skin the cat the best way. 6 building codes and fire codes that were coming - 6 Q. Okay. If you turn, sir, there is a guide 7 that were being passed throughout the country? 7 to plasticizer table towards the back of the book; 8 A. No, 1 did not, sir. 8 and I'll find it for you. I'll get you the 9 Q. Okay. Back to No. 18. Do you recognize 9 reference. 1 just want you to refer to one thing, 10 this document? 10 and 1 just want to walk you through it. 11 A. 1 should but 1 don't. 11 Towards the end, you'll see Bates stamp 12 Q. Why do you say you should? 12 MAE 059396. 13 A. Because it covers all of the santicizers 13 A. Okay. 14 in here, but 1 don't know whether this was part of a 14 Q. Okay. Actually gotothepagebefore 15 catalog we published on plasticizers or what. 15 that, and it says guide to plasticizer performance 16 Q. Okay. Well, have you ever heard of the 16 in protective coatings. 17 term plasticizer blue book? 17 A. Okay. 18 A. Yes. Okay. Is this the blue book? 18 Q. And earlier you had said that a ceiling 19 Q. I'm asking you. Is this a plasticizer 19 tile -- 20 blue book? 20 MR. DIMURO: Well, it says for metal, 21 A. I'm looking for something that would 21 wood, fabric, paper. 22 identify it as a plasticizer blue book, but 1 cannot 22 MR. TAYLOR: Okay. 23 tell. 23 MR. DIMURO: Okay. 24 Q. Well, in any event, if you can, turn to 24 Q. (By Mr. Taylor) And that ceiling tile 25 the second page which is Bates stamped MAE 059240. 25 may be considered a protective coating; or a Waychoff Pages 137-140 HARTOLDMONOOQ4626 Page 141 1 plasticizer put on ceiling tile may be considered a 2 coating, correct? 3 A. No. It would be a formulation. With a 4 plasticizer put on it, it could be considered a 5 protective coating. 6 Q. That's what 1 meant. 7 A. Yes, sir. 8 Q. Now, if you go on to the next page, it 9 says lift flap for chart. Before you lift the flap, 10 can you explain the instructions given below that? 11 And specifically it says when the same plasticizer 12 appears under two or more of the properties desired 13 in the finishing coating - that plasticizer 14 definitely merits evaluation. 15 Do you remember that type of instruction? 16 A. I'm reading it again and saying yes, 17 okay, it sounds correct. 18 Q. Okay. Well, it says two or more of the 19 properties desired in the finishing coating. What 20 is significant about the fact that there may be two 21 desired properties in any given -- for example, say 22 resin. What's the significance of the fact that 23 there was two desired applications? 24 A. If you'll turn over to Page 397 - 25 Q. Okay. Page 143 1 my notes and just take a two-minute break. 2 (A recess was taken.) 3 Q. (By Mr. Taylor) And, sir, in 4 consideration of all of the plasticizers, how would 5 you grade the Aroclor products as a fire retardant? 6 A. Compared to what? 7 Q. Compared to - 8 A. Other plasticizers? 9 Q. Other plasticizers. 10 MR. DIMURO: I'll object to the form. 11 You can answer. 12 MR. RADITZ: Same objection. 13 THE WITNESS: 1 can answer? 14 MR. DIMURO: If you can, sure. 15 THE WITNESS: Yeah. Well, the Aroclors 16 compared to other plasticizers, some of the 17 other plasticizers, you light a match to them 18 they'll burn. The Aroclors would not. 19 Q. (By Mr. Taylor) So it was a good fire 20 retardant plasticizer? 21 A. Fire resistant or fire retardant, yes, 22 sir. 23 Q. And the term punking, what does that mean 24 to you? 25 A. It doesn't mean a thing to me. Page 142 Page 144 1 A. -- perhaps 1 can give you an example. 1 Q. Okay. 2 Q. Great. 2 (A discussion ensued off the record.) 3 A. It says tensile strength, elongation, and 3 Q. (By Mr. Taylor) In the blue book at 4 adhesion at the top under the resin. Ifyougodown 4 Bates MAE 05932 - no. 5 to PVC, you will see that Santicizer 160 is 5 MR. DIMURO: No. That can't be it. 6 considered in all three categories for that 6 MR. TAYLOR: That can't be. 7 performance. 7 MR. DIMURO: Does it end in 392? 8 Q. Okay. 1 see. I'm with you. So 8 MR. TAYLOR: Yes. It may end in 392 9 utilizing PVC, just as you gave me that example, for 9 I'm sure. I'll find it. Here it is. I'm 10 example under adhesion Aroclor is present, correct? 10 sorry. The reference is MAE 059382 and then 11 A. Aroclor is present, yes, sir. 11 059383. 12 Q. Okay. And if you go to the next page, 12 Q. (By Mr. Taylor) If you'd turn to 059383, 13 under hardness for PVC -- you kind of have to match 13 you'll see a box that has Aroclor plasticizers. 14 it up here, but go across - 14 That's 059383. You'll see there that it says that 15 A. Right. 15 the Aroclors are particularly effective in reducing 16 Q. Aroclor is mentioned there under 16 flameout time and the glow termed punking. That's 17 hardness, correct? 17 all. That's what 1 was referring to. 18 A. Yes, sir. 18 A. Yeah. 19 Q. Okay. So that's how you would match 19 Q. Does that mean anything to you? 20 up -- if you would find two or more, then that may 20 A. The term punking would be like if you 21 be a plasticizer that you would want to consider for 21 have a punk to light firecrackers when 1 was a kid. 22 that resin? 22 That's what it means to me. 23 A. Yes, sir. 23 MR. TAYLOR: 1 just wanted to know what 24 MR. TAYLOR: Okay. 1 understand. 1 24 your understanding of that was. 25 think that's all 1 have. Let me just check 25 That's all 1 have. Thanks. Waychoff Pages 141-144 HARTOLDMONOOQ4627 Page 145 Page 147 1 THE WITNESS: Is that it? 1 repetitive. 1 just have a few general questions. 2 MR. TAYLOR: Thank you very much. 2 In terms of your educational background, 3 MR. DIMURO: The lady and the gentleman 3 do you have training in chemistry? 4 on the phone get to ask you some more 4 A. Yes, sir. 5 questions. 5 Q. A master's in chemistry? 6 Adam? 6 A. A what? 7 MR. RADITZ: Okay. Can you just place 7 Q. Do you have a master's degree in 8 the phone by Mr. Waychoff so 1 can hear him 8 chemistry? 9 better, please? 9 A. No, sir. Just a bachelor of arts. 10 MR. DIMURO: Right on top of him. 10 Q. Okay. Have you ever personally conducted 11 MS. O'CONNOR: Is there a question on 11 any research on PCBs? 12 whether the volume is up or not, Chris? 12 A. Very limited. 13 MR. RADITZ: Yeah. It seems to get 13 Q. Limited to what, if you remember, sir? 14 very low. 14 A. Using them as plasticizers in polyvinyl 15 MS. O'CONNOR: 1 know it's like 3:30 15 acetate adhesives. 16 and everybody's voice is trailing off. 16 Q. Okay. At anytime have you ever 17 THE WITNESS: 1 was sitting back too. 17 personally looked into or researched the potential 18 MR. DIMURO: The volume is all the way 18 health effects associated or caused by PCBs? 19 up on the phone. 19 A. No, sir. 20 MS. O'CONNOR: Okay. 20 Q. You mentioned you have evaluated PCBs for 21 THE WITNESS: Is that any better? 21 use as a plasticizer? 22 MR. RADITZ: Okay. Ready to begin? 22 A. In polyvinyl acetate adhesives, yes, sir. 23 THE WITNESS: Ready to begin. 23 Q. Okay. And you do not have a medical 24 Ill 24 background at all; is that correct? 25 III 25 A. That is correct. Page 146 Page 148 1 CROSS-EXAMINATION 1 Q. Okay. We talked a little bit or there 2 BY MR. RADITZ: 2 was discussion today about literature generated by 3 Q. Okay. Mr. Waychoff, my name is -- I'm 3 Monsanto. 4 sorry. Is it Mr. or Dr.? 4 My question to you is, to your knowledge, 5 A. Mr. 5 did Monsanto through any of these publications ever 6 Q. Okay. Mr. Waychoff, my name is Adam 6 suggest that Aroclor 1254 could be used as a 7 Raditz. I'm an attorney for the Law Offices of Gary 7 plasticizer for use on ceiling tiles? 8 Ginsberg, and we represent a group of plaintiffs who 8 A. Not that 1 know of, sir. 9 have brought an action against Armstrong World 9 Q. Did Monsanto at anytime ever advertise 10 Industries for exposure to PCBs at the workplace. 10 Aroclor 1254 for the purposes of being a plasticizer 11 A. Yes, sir. 11 for application on ceiling tiles? 12 Q. The allegation is that PCBs were in the 12 A. Not that 1 know of, sir. 13 ceiling tiles at a college which existed for 13 Q. Okay. Just within the last five minutes, 14 approximately 14 or 15 years, and these ceiling 14 you mentioned that it was your understanding that 15 tiles were coated with PCBs. 15 Aroclor 1254 had the quality of being a fire 16 Is that your understanding of the basis 16 retardant; is that correct? 17 of this lawsuit? 17 A. That is correct, sir. 18 MR. TAYLOR: Objection to the form. 18 Q. Okay. During the 1960s, were there any 19 MR. DIMURO: You can answer. 19 other plasticizers manufactured by Monsanto that 20 MR. TAYLOR: You can answer. 20 also had the quality of being a fire retardant? 21 THE WITNESS: That's what 1 was told, 21 A. Yes, sir, such things as the phosphate 22 yes, explained to me by the lawyers here. 22 esters. 23 Q. (By Mr. Raditz) Okay. Now, 23 Q. Okay. Anything else, to your knowledge? 24 unfortunately 1 wasn't present for the beginning 24 A. Let me think a minute. The Aroclors. 25 part of your dep; so I'm going to try to not be 25 That was basically it. Waychoff Pages 145 - 148 HARTOLDMONOOQ4628 Page 149 Page 151 1 Q. Okay. And the phosphate plasticizers 1 Q. Okay. Were you aware of that back in 2 that you just mentioned, they were readily available 2 late 1970 when you left Monsanto? 3 to customers, is that correct, during the 1960s time 3 A. They were not withdrawn at that time, 4 period? 4 sir. 5 MR. TAYLOR: Objection to the form. 5 Q. What is your understanding of when 6 MR. DIMURO: You can answer it. 6 Monsanto did withdraw PCB-containing products? 7 THE WITNESS: Yes, they were. 7 A. 1 honestly don't know, sir. 8 Q. (By Mr. Raditz) At anytime did Monsanto 8 Q. Okay. 9 withdraw phosphate plasticizers from the market 9 A. It was after 1 departed. 10 during the 1960s? 10 Q. And after you departed Monsanto, did you 11 A. No, sir. 11 ever deal with any PCB-containing product 12 Q. Okay. Mr. Waychoff, at some point in 12 thereafter? 13 time Monsanto did make a final decision to cease 13 A. No, sir. 14 manufacturing and distributing products that 14 Q. I'm sorry. 1 didn't hear the answer. 15 contained PCBs for open uses; is that correct? 15 MR. DIMURO: He said no. 16 A. Could you repeat the question, please? 16 THE WITNESS: No. 17 Q. Okay. Let me withdraw that question. Is 17 Q. (By Mr. Raditz) Okay. 1 believe you 18 it your understanding that at some point in time 18 testified that during the 1970 period there was 19 Monsanto made a final decision to cease 19 discussions among employees of Monsanto concerning 20 manufacturing and distributing products which 20 the possibility of the decision to discontinue the 21 contained PCBs? 21 use of Aroclor-containing products; is that correct? 22 MR. DIMURO: Objection to form. You 22 THE WITNESS: Did 1 say that? 23 can answer it. 23 MR. DIMURO: I'll object to the form. 24 THE WITNESS: That was after 1 departed 24 Q. (By Mr. Raditz) Well, let me ask you 25 Monsanto, sir. 25 this. Were there discussions during 1970 that you Page 150 Page 152 1 Q. (By Mr. Raditz) Okay. And just to 1 were aware of concerning the possibility of a 2 confirm, it's my understanding you departed Monsanto 2 decision by Monsanto to discontinue the use of 3 in November of 1970? 3 Aroclor-containing products or PCB-containing 4 A. That's correct, sir. 4 products? 5 Q. Prior to you leaving Monsanto, did 5 A. 1 believe there may have been some 6 Monsanto withdraw PCB-containing products for open 6 discussions within Monsanto, but 1 don't know who 7 application? 7 was discussing it then. 8 A. For what applications? 8 Q. Okay. You were not involved in any of 9 Q. Open applications. What 1 mean by open 9 those discussions? 10 applications, there was reference to surface 10 A. No, sir. 11 coatings. 11 Q. Okay. And back in 1970, did you have any 12 A. Not that I'm aware of, sir. 12 understanding of why Monsanto would possibly 13 Q. All right. As you sit here today, do you 13 consider withdrawing PCB-containing products from 14 have an understanding as to whether Monsanto 14 the market? 15 withdrew PCB-containing products for open 15 A. My understanding at that time, there was 16 applications at a time that was different than 16 a lot of worldwide publicity as new scientific 17 Monsanto withdrawing PCB-containing products for 17 equipment was developed that found PCBs pretty much 18 closed applications? 18 all over the world as a contaminant. And it was 19 A. I'm not aware of any. 19 getting a lot of publicity, negative publicity, for 20 Q. When was the first time that you were 20 Monsanto; and that is the reason they would consider 21 aware that -- well, let me ask you this. Are you 21 it. 22 aware sitting here today that Monsanto stopped 22 Q. So that publicity involved environmental 23 manufacturing and distributing PCB-containing 23 concerns; is that correct? 24 products? 24 A. That is correct. 25 A. Yes. 1 am aware of it today. 25 Q. Did it involve the potential of PCBs as a Waychoff Pages 149 - 152 HARTOLDMONOOQ4629 Page 153 Page 155 1 toxic chemical? Was that a concern back in 1970? 1 one or two follow-ups after Carolyn goes, if 2 A. Not at that time, sir. 2 she is going to go. 3 Q. Okay. Were there any studies or 3 MS. O'CONNOR: Yes, 1 am. 4 literature back in the 1970 time period that 4 MR. RADITZ: Okay. 5 concerned whether PCBs could be a potential 5 CROSS-EXAMINATION 6 contaminant for wildlife or fish? 6 BY MS. O'CONNOR: 7 A. There were some studies that indicated 7 Q. Mr. Waychoff, my name is Carolyn 8 they had found it as a contaminant in the 8 O'Connor; and 1 represent American Mineral Spirits 9 environment, yes, sir. 9 Company in this litigation. 10 Q. Okay. During the 1970 time period, 10 You have identified American Mineral 11 obviously before you left Monsanto, did Monsanto 11 Spirits Company as a distributor for Monsanto; is 12 ever engage in correspondence or conversations with 12 that correct? 13 its customers concerning replacement products for 13 A. That is correct, ma'am. 14 its Aroclor PCB-containing products? 14 Q. Okay. And how is it that you know that 15 A. We had a program to develop replacement 15 AMSCO was a distributor for Monsanto? 16 products, but 1 don't believe prior to my departure 16 A. Because 1 was a product manager for 17 of the company that we actually came up with any 17 Monsanto when they signed up AMSCO as a distributor. 18 solutions or practical solutions. 18 Q. Okay. Did you actually have contact with 19 Q. Okay. Did you have an understanding back 19 AMSCO in that position? 20 in the 1970 time period of whether your customers 20 A. No. 1 really did not have much contact 21 were aware of the potential environmental concerns 21 with AMSCO. They had appointed a man to be in 22 associated with PCBs? 22 charge of distributors, and his name was J.D. 23 A. Would you repeat the question, please, 23 Wright. 24 sir? 24 Q. Okay. Did you ever see a list of 25 Q. Yes. During the 1970 time period, did 25 distributors for Monsanto products? Page 154 Page 156 1 you have an understanding of whether customers of 1 A. Yes. 1 was aware of the people that were 2 Monsanto's PCB-containing products were aware of the 2 distributing. 3 environmental concerns associated with PCBs? 3 Q. Okay. And the listing you saw, is that 4 A. Some of them were. 4 something that you have seen recently or is that 5 Q. Do you recall which ones, if any, were 5 something you recall seeing when you were at 6 concerned? 6 Monsanto? 7 A. No, 1 do not, sir. 7 A. 1 recall seeing it at Monsanto. 8 Q. Do you recall in general any customers 8 Q. Okay. You indicated that you would give 9 contacting you with respect to concerns regarding 9 technical -- or that Monsanto would give technical 10 PCB-containing products and their potentially 10 bulletins to their distributors, correct? 11 adverse effect on the environment? 11 A. That's correct, ma'am. 12 A. There might have been one or two; but 1 12 Q. Okay. Would all technical bulletins go 13 do not recall who they were, sir. 13 to all distributors? 14 Q. Okay, okay. Have you ever heard of PCBs 14 A. Yes, ma'am. 15 being used in a plastisol coating formulation for 15 Q. Okay. So every technical bulletin issued 16 application on ceiling tiles other than Armstrong's 16 by Monsanto would go to every distributor regardless 17 use in this case? 17 of the product line that they distributed? 18 A. No, 1 had not. 18 A. Try that one more time. 19 Q. Okay. To your knowledge, did any of 19 Q. Okay. I'm asking you whether or not all 20 Monsanto's application research involve the use of 20 technical bulletins would go to all distributors 21 PCB-coated -- a PCB containing Aroclors for 21 regardless of the product line that they were 22 application in ceiling tiles? 22 distributing. 23 A. No, sir. 23 1 assume some technical bulletins would 24 MR. RADITZ: Okay. That's all the 24 not pertain to some products that would be 25 questions 1 have at this time. 1 might have 25 distributed by AMSCO for example, correct? Waychoff Pages 153 - 156 HARTOLDMON0004630 Page 157 Page 159 1 A. They would receive all technical 1 Q. Okay. Who would be faster? 2 bulletins on plasticizers, ma'am. 2 A. AMSCO. 3 Q. Okay. So you can only speak to all 3 Q. Okay. Why is that? 4 technical bulletins on plasticizers? 4 A. Because they stocked it locally. 5 A. That's correct,ma'am. 5 Q. Okay. Do you know what plant's or 6 Q. Okay. Now, was there some sort of 6 location's distribution for American Mineral Spirits 7 mailing list maintained by Monsanto that you're 7 would have serviced Armstrong World Industries' 8 aware of for circulation of those technical 8 Beaver Falls plant? 9 bulletins? 9 A. No, 1 do not, ma'am. 10 A. There was; but I'm not aware of it, 10 Q. Okay. Do you have any idea for the 11 ma'am. 11 record that you did review which indicated that a 12 Q. Okay. Were you involved in any way in 12 small amount of Aroclor 1254 was purchased from 13 compiling that mailing list? 13 American Mineral Spirits by Armstrong World 14 A. Yes, ma'am. 14 Industries, what facility that purchase was 15 Q. You were, okay. Do you know for a fact 15 facilitated through? 16 that AMSCO was on that mailing list? 16 A. No, 1 do not, ma'am. 17 A. 1 cannot swear to it, but they should 17 Q. You indicated that you assume there is a 18 have been. 18 written distributor contract between AMSCO and 19 Q. Okay, okay. Hold on a second. Let me 19 Monsanto, correct? 20 get back on my computer here. You indicated that 20 A. Yes, ma'am. 21 you understand that Armstrong World Industries 21 Q. Have you ever seen one? 22 purchased a small amount of Aroclor 1254 from 22 A. No, ma'am. 23 American Mineral Spirits. 23 Q. What makes you think there is a written 24 Do you remember that testimony? 24 agreement? 25 A. Yes, ma'am. 25 A. That was Mr. J.D. Wright's Page 158 Page 160 1 Q. Okay. How is it that you came to know 1 responsibility. 2 that Armstrong purchased a small amount from AMSCO? 2 Q. Okay. But what makes you think there was 3 A. Because 1 looked at some records prior to 3 one? Because that was part of-- in other words, 4 leaving Monsanto and prior to making a call on 4 part of his job description was to ensure that there 5 American -- on Armstrong Cork, and 1 saw where they 5 would be a written agreement? 6 had sold small amounts to Armstrong Cork. 6 A. Yes, ma'am. 7 Q. Okay. Now, these records that you're 7 Q. Okay. Have you ever seen one of these 8 looking at, they would have been Monsanto records? 8 agreements before regardless if it was between AMSCO 9 A. Yes, ma'am. 9 and Monsanto? Have you ever seen a general 10 Q. Okay. And they would have reflected that 10 distribution agreement? 11 American Mineral Spirits sold to Armstrong? 11 A. No, 1 have not. 12 A. They were sales to Armstrong Cork of the 12 Q. Okay. Do you happen to know whether or 13 products here. Now, the source of the data, 1 don't 13 not these agreements were annual agreements or 14 know whether it came directly from Monsanto, 14 whether or not they were set for life? 15 American Mineral Spirits, or where it was. 15 A. 1 do not know, ma'am. 16 Q. Okay. So you don't know if the actual 16 Q. And 1 guess Mr. Wright would know that? 17 documentation you were looking at was an American 17 A. Yes, ma'am. 18 Mineral Spirits document or a Monsanto document, 18 Q. Where is Mr. Wright today? 19 correct? 19 A. 1 don't know. 1 haven't seen him in 27 20 A. That is correct. 20 years. 21 Q. Okay. Do you know why Armstrong would 21 Q. Okay. 22 purchase Aroclor 1254 from American Mineral Spirits 22 A. 27 years from now I'm going to ask all 23 Corporation as a distributor rather than going 23 these lawyers where in the heck they were on the 24 directly to Monsanto? 24 23rd of March, 1998. 25 A. Yes. Speed of delivery. 25 (A discussion ensued off the record.) Waychoff Pages 157-160 HARTOLDMONOOQ4631 Page 161 1 Q. (By Ms. O'Connor) All right. Let's 2 see. One second. You indicated that you did not 3 know a contact person at AMSCO, correct? 4 A. That's correct. 5 Q. Okay. So therefore you never went to 6 Armstrong World Industries with any representative 7 from AMSCO within your company, correct? 8 A. 1 did not, ma'am. 9 Q. Do you have any idea whether or not AMSCO 10 as a distributor would in anyway alter the product, 11 Monsanto's product, before distributing it to 12 Armstrong World Industries? 13 A. They should not alter it, no, ma'am. 14 Q. Okay. And why do you say they should 15 not? Is that part of the agreement? 16 A. Because they were selling a product by 17 the given name; and if they altered it, it would no 18 longer be the product. 19 Q. Okay. So, in other words, in order to 20 maintain the Aroclor 1254 name, AMSCO was not to 21 change the product? 22 A. That's correct. 23 Q. Was it also true that AMSCO was to 24 forward the technical bulletins to the customers? 25 A. They should present them to the Page 163 1 World Industries, information from Monsanto 2 regarding Aroclor 1254? 3 A. Today 1 saw a bulletin that had AMSCO's 4 name on it and it was Monsanto literature. 5 Q. Okay. Anything besides what you saw 6 today? 7 A. No, ma'am. 8 Q. I'm sorry. I'm losing you due to some 9 clicking going on on the phone here. 10 MR. DIMURO: The answer was no. 11 MS. O'CONNOR: Thank you. 12 Q. (By Ms. O'Connor) Do you know whether or 13 not when a distributor from Monsanto would take an 14 order for a Monsanto product whether or not they 15 would use a Monsanto order form? 16 A. 1 do not know, ma'am. 17 Q. Do you know whether or not Monsanto 18 provided forms for the purchase of Monsanto products 19 to its distributors? 20 A. 1 do not know, ma'am. 21 MS. O'CONNOR: Okay. 1 don't have any 22 other questions. Thank you. 23 MR. RADITZ: 1 just have one follow-up 24 question. 1 was just going to clarify one 25 thing in my mind. Page 162 Page 164 1 customers, yes, ma'am. 1 RECROSS-EXAMINATION 2 Q. Okay. Do you know whether or not that's 2 BY MR. RADITZ: 3 part of the agreement? 3 Q. Mr. Waychoff, prior to November of 1970 4 A. No, 1 do not, ma'am. 4 when you left Monsanto, did you ever see any 5 Q. Okay. Do you know if the distributor is 5 correspondence drafted by an employee of Monsanto 6 to provide any other form of information besides the 6 that was sent to a customer concerning the 7 technical bulletins to its customers on behalf of 7 withdrawal of PCB-containing-Aroclor products from 8 Monsanto? 8 the market? 9 A. No, 1 do not, ma'am. Listening to the 9 A. No. 10 question, 1 got a little confused on the question. 10 MR. RADITZ: Okay. 1 have nothing 11 Q. Okay. I'll do it again. That's okay. 11 further. 12 Do you know whether or not a distributor is supposed 12 MR. DIMURO: Okay. 13 to provide any written materials outside of 13 MR. RADITZ: Thank you very much. 14 technical bulletins to its customers on behalf of 14 THE WITNESS: You're welcome. 15 Monsanto in distributing a Monsanto product? 15 (Deposition concluded at 4:00 p.m.) 16 A. They should be providing information on 16 17 where they store the product. 17 18 Q. Okay. What form does that information 18 19 take? 19 20 A. Just a letter or something like that to 20 21 the customer. 21 22 Q. Okay. Anything else? 22 23 A. That's all 1 can think of, ma'am. 23 24 Q. Okay. Have you ever been shown any 24 25 documentation which AMSCO forwarded to Armstrong 25 Waychoff Pages 161-164 HARTOLDMONOOQ4632 Page 165 Page 167 1 INDEX TO EXAMINATIONS 1 STATE OF GEORGIA: 2 COUNTY OF HARALSON: 3 Examination Page 4 5 Cross-Examination by Mr. Taylor 6 Cross-Examination by Mr. Raditz 7 Cross-Examination by Ms. O'Connor 8 Recross-Examination by Mr. Raditz 9 10 3 146 155 164 2 3 1 hereby certify that the foregoing transcript 4 was reported, as stated in the caption, and the 5 questions and answers thereto were reduced to 6 typewriting under my direction; that the foregoing 7 pages 1 through 166 represent a true, complete, and 8 correct transcript of the evidence given upon said 9 hearing, and 1 further certify that 1 am not of kin 10 or counsel to the parties in the case; am not in the 11 -- 11 employ of counsel for any of said parties; nor am 1 12 12 in anywise interested in the result of said case. 13 13 Disclosure Pursuant to O.C.G.A. 9-11 -28(d): 14 14 The party taking this deposition will receive the 15 15 original and one copy based on our standard and 16 16 customary per page charges. Copies to other parties 17 17 will be furnished based on our standard and 18 18 customary per page charges. Incidental direct 19 19 expenses of production may be added to either party 20 where applicable. Our customary appearance fee will 20 21 be charged to the party taking this deposition. 21 22 This, the 14th day of April, 1998. 22 23 23 24 KARA K. LUCAS, CCR-B-1496 24 CERTIFIED COURT REPORTER 25 25 Page 166 1 INDEX TO EXHIBITS 2 1 DEPOSITION OF WALTER F. WAYCHOFF/KKL 1 do hereby certify that 1 have read all 2 questions propounded to me and all answers given 3 Defendant's by me on the 24th day of March, 1998, taken before Exhibit 4 Description Page 3 Kara K. Lucas, and that: 4 1) There are no changes noted. 2) The following changes are noted: 5 1 Notice To Take Deposition 8 6 2 Affidavit 26 7 3 Sales Summary 42 5 Pursuant to Rule 30(e) of the Federal Rules of 6 Civil Procedure and/or the Official Code of Georgia Annotated 9-11-30(e), both of which read in part: 8 4 Letter Dated 9/23/70 47 9 5 Memorandum Dated 8/27/62 58 10 6 Application Data Bulletin No. P-115 66 7 Any changes in form or substance which you desire to make shall be entered upon the deposition...with a 8 statement of the reasons given...for making them. Accordingly, to assist you in effecting corrections, 11 7 Memorandum Dated 2/4/60 12 8 Memorandum Dated 2/8/60 70 70 9 please use the form below: 10 Page No. Line No. should read: 13 9 Memorandum Dated 7/31/68 74 11 14 10 Products -1961 15 11 Top-Quality Plasticizers 79 82 12 And the reason for the change is: 13 Page No. Line No. should read: 16 12 Memorandum Dated 12/6/68 17 13 Call Report 92 18 14 Document 95 89 14 15 And the reason for the change is: 16 Page No. Line No. should read: 19 15 Memorandum Dated 4/3/70 20 16 Technical Bulletin O/PL-306A 104 130 17 18 And the reason for the change is: 19 21 17 Monsanto Corporate Fire Group 135 Page No. Line No. should read: 22 18 Monsanto Plasticizers 23 136 20 21 And the reason for the change is: 22 24 (Original Exhibits 1 through 18 have been attached to the original transcript.) 25 Page No. Line No. should read: 23 24 And the reason for the change is: 25 Page 168 Waychoff Pages 165 - 168 HARTOLDMONOOQ4633 1 DEPOSITION OF WALTER F. WAYCHOFF/KKL 2 Page No. Line No. should read: 3 And the reason for the change is: 4 5 Page No. Line No. should read: 6 And the reason for the change is: 7 8 Page No. Line No. should read: 9 And the reason for the change is: 10 11 Page No. Line No. should read: 12 And the reason for the change is: 13 14 Page No. Line No. should read: 15 And the reason for the change is: 16 17 Page No. Line No. should read: 18 And the reason for the change is: 19 20 Page No. Line No. should read: 21 And the reason for the change is: 22 23 Page No. Line No. should read: 24 And the reason for the change is: 25 1 DEPOSITION OF WALTER F. WAYCHOFF/KKL 2 Page No. Line No. should read: J And the reason for the change is: 5 Page No. Line No. should read: And the reason for the change is: 8 Page No. Line No. should read: And the reason for the change is: 10 11 Page No. Line No. should read: 12 And the reason for the change is: 13 14 Page No. Line No. should read: 15 And the reason for the change is: 16 17 Page No. Line No. should read: 18 And the reason for the change is: 19 20 Page No. Line No. should read: 21 And the reason for the change is: 22 23 Page No. Line No. should read: 24 And the reason for the change is: 25 Waychoff Page 169 1 DEPOSITION OF WALTER F. WAYCHOFF/KKL 2 Page No. Line No. should read: 3 And the reason for the change is: 4 5 Page No. Line No. should read: 6 And the reason for the change is: 7 8 Page No. Line No. should read: 9 And the reason for the change is: 10 11 Page No. Line No. should read: 12 And the reason for the change is: 13 14 Page No. Line No. should read: 15 And the reason for the change is: 16 17 If supplemental or additional pages are necessary, please furnish same in typewriting annexed to this 18 deposition. 19 20 WALTER F. WAYCHOFF 21 Sworn to and subscribed before me, this the day of ,1998. 22 23 Notary Public My commission expires: 24 25 Page 170 Page 171 Pages 169 - 171 HARTOLDMONOOQ4634 [& - 2/8/60] & & 2:9,13,1871:8 _____________ 0 000002 43:9 02849 1:6 040077 67:6 040103 67:7 040881 120:1 040885 123:2 040931 128:2,8 040934 120:2 040946 132:8 040947 132:9 040949 130:20 053784 70:22 053785 70:20 059239 137:14 059240 138:25 059382 144:10 059383 144:11,12,14 059396 140:12 059448 137:15 059458 85:3 059459 85:4 059907 79:24 059908 79:24 059968 96:4 059971 96:19 100:1 Transcript Word Index 07101-3174 136 1960 (cont.) 2:14 166:22 70:12,13,21 105:8 07102-5311 14 1960s 2:19 95:9,15 146:14 166:18 7:20 58:12 148:18 149:3,10 08054 146 1961 2:5______________________ 165:6 79:22 81:15 166:14 1 1496 1962 1 8:14,17 27:7,8 80:12,14 166:5,24 167:7 168:4 1,000 38:16,1941:14,16 1:21 167:24 14th 167:22 15 45:21 46:1 104:8,10,13 19:23 58:25 81:20 1963 7:1381:21 1964 38:8 1/2/68 131:9,19,25 146:14 166:19 1965 122:2,5 10 79:17,19 166:14 10,000 41:21 155 3:24 165:7 15th 76:8 16 20:3 21:1382:10 105:10 1966 27:10,11 31:14 1968 27:11 31:1442:1743:10,13 100 86:22 100,000 129:24 130:2 166:20 53:24 74:8 78:16,23 89:9 160 122:10 19:11 31:23 37:11,13 45:21 1969 43:25 45:4 101 104:4 142:5 164 53:24 57:20 97:11 1970 2:5 165:8 4:8,13 22:17 23:19 32:8 104 166:19 166 167:7 33:3 38:8 48:5 54:6 57:7 79:4 91:15,23 94:3 104:25 11 82:17,19 166:15 11,400 17 101:8 135:12,14 166:21 17th 105:8,10 108:3 110:17,17 111:21,22,25 112:5 131:25 136:12 150:3 151:2,18,25 43:14,17 11/66 8:21 18 152:11 153:1,4,10,20,25 164:3 83:5,6 136:19 137:6 138:9 166:22 1972 11:25 1:16 115 67:4 68:2,22 166:10 166:24 180 11:1,18 15:6 19 25:4 1973 25:11 1977 12 89:9,14 132:8 166:16 12/6/68 7:19 12:11 19103-7396 2:10 42:7 1986 7:7 166:16 1254 1924 23:6 1989 25:20 34:15 38:6 40:20 41:2,10 41:13,20 42:19 43:14,15,24 44:3,19,20 45:4,15,24 71:6 1925 23:7 1949 1996 76:8 1997 71:9,13,23,24 72:8,18 73:17 87:10,15 88:1,18 5:17 9:23,24 1950 8:21 1998 90:12,24 103:21 148:6,10 4:13 10:14,24 1:15 160:24 167:22 168:2 148:15 157:22 158:22 159:12 161:20 163:2 13 91:15 92:2 166:17 130 1953 68:7 1954 13:8 42:7 68:7 1955 171:21___________________ 2 2 26:3,6 93:19 166:6 168:4 2/4/60 166:20 12:14,15 130:17 166:11 135 166:21 1960 12:19 13:12,17 15:21 17:21 18:15 19:20 20:3 33:3 70:8 2/8/60 166:12 Waych off HARTOLDMONOOQ4635 [200 - addition] 200 392 7 (cont.) 9-11-30 104:5 144:7,8 72:20,22 74:17,20 126:4 168:6 21 397 166:11 92 86:12 141:24 7/31/68 166:17 22 3rd 166:13 9430 91:15,22 131:25,25 70 4:5 23 4 23:13 52:20 130:24 132:3 95 48:4 57:7 4 166:11,12 1:5 166:18 23rd 47:22,24 57:4 70:8,13 71 a 51:3 56:24 160:24 24 123:1 166:8 4/3/70 99:8,13,23 136:1,3 72 a.m. 1:16 1:1523:8,9 24th 168:2 166:19 4:00 164:15 91:17,18 136:3 73 96:5 abandoned 90:25 able 25 90:12 126:9,20 127:16 42 166:7 74 166:13 82:3 89:18,19 90:15 91:13 114:19 26 47 75 abreast 166:6 27 44:4 46:18 66:7 72:14 28 55:14 135:4 58:25 160:19,22 166:8 49 10:5 80:12,14 4th 70:12 90:11 75/25 90:8 770 1:25 138:5 accept 43:21 acceptable 62:16 66:13 46:19 72:14 3 3 42:2,5,9,12 69:11 91:6 104:25 108:3 119:20 165:5 166:7 3/70 5 5 58:21,23 124:17 166:9 5/5/54 68:23 50 10:6,15 12:16 80:9 128:1,7 77030 4:6 79 166:14 8 accepted 50:23 accompanied 17:6 accomplish 8 29:2 40:10,22 70:21,24 71:15,16 account 130:20 3:30 55 13:14,14 74:17 166:5,12 8/27/62 25:13 accurate 145:15 30 168:5 3000 2:4 57 100:1 58 166:9 166:9 82 166:15 830-0900 1:25 43:20,21 accurately 44:5 acetate 81:3,4 89:4 101:11 147:15 30117 6 85 147:22 1:24 3:25 6 22:12 acoustical 306 66:18,21 67:3 68:1 101:24 87 32:15 96:23 97:4 104:22 107:11 166:10 7:7 actate 110:7 113:6,22 119:21 60 89 81:2 121:15 124:5 128:7,9 70:14 166:16 action 131:11 132:6,25 133:6,16 60s 8th 1:5 7:14 146:9 134:1 44:13 54:17 55:1 70:21 actively 306a 130:9 131:14,17 132:2,8 133:17 134:1,7 166:20 31 74:8 78:15 31st 25:20 78:23 32 86:12 35 86:16,19,21 65 19:22 23:13 66 166:10 69 52:20 6th 89:9 7 7 35:21 70:8,10,18 71:2 9 9 40:14 74:7,13 76:2,2 166:13 9/23/70 1668 90 1:18,24 4:2 26:1 9-11-28 167:13 15:1 actual 158:16 ad 54:24 55:2,5 120:18,22 adam 2:3 104:15 128:6 145:6 146:6 added 167:19 addition 81:9 Waych off HARTOLDMONOOQ4636 [additional - aroclor] additional 171:17 additive 91:8,10 address 3:23 4:11 93:16 adhere 101:14 adhesion 142:4,10 adhesive 101:12,15 adhesives 101:8,10,13,17 147:15,22 administrative 44:8 adverse 154:11 advertise 148:9 advertising 121:1,5 advice 129:15 advise 40:2 62:4 103:22 115:24 advised 54:7 87:14 adviser 72:3 affidavit 27:4 31:14 35:22 40:11,19 166:6 affirmatively 85:20 africa 109:8 agencies 112:10 113:2 agent 25:13 agents 20:2 agent's 29:13 ago 3:21 44:4 46:19,19 55:14 66:7 72:14 73:5 96:16 102:3 135:5 agree 97:3 113:18 132:23 133:3 agreed 58:7 agreement 118:24,25 119:3,3,4,7 159:24 160:5,10 161:15 agreement (cont.) answer (cont.) appointments 162:3 109:1,16 116:1 117:16 17:14 agreements 124:22 129:13 143:11,13 appreciate 160:8,13,13 146:19,20 149:6,23 151:14 35:2 50:5 51:16 ahead 163:10 approached 39:9 40:16 94:15 126:18 answered 46:8,11 128:19 51:14 appropriate al answers 21:3 1:4 6:12,23 27:6 98:21 167:5 approving allegation 168:2 129:8 146:12 anticipated approximately allied 51:6 7:7 22:12 29:20 31:13 79:3 71:5,8 74:2 anybody 146:14 allot 17:22 79:13 118:2 119:15 april 28:18 anymore 91:15,22 94:3 104:25 108:3 allotted 91:21 110:17 111:20,25 112:5 29:16 anyplace 131:25,25 167:22 allstate 121:22 area 25:9,12,18,19 anytime 18:2 59:22 61:25 63:5 alter 6:17,20 20:3 32:6,7 40:23 119:16 161:10,13 147:16 148:9 149:8 arms altered anywise 61:13 161:17 167:12 armstrong american appear 1:6 2:73:13,14,15 17:24 1:9 2:16 33:23 38:7 41:6 80:3 96:23 112:8 18:1,6,7 27:15 28:3 31:6,12 117:20 155:8,10 157:23 appearance 31:19 32:2 33:20,21 34:10 158:5,11,15,17,22 159:6,13 167:20 34:12 37:8,9,18,25 38:6,20 amoco appearances 39:5,16,16 40:2,7,18,24 117:19 2:1 42:15,1843:1645:1851:18 amount appears 66:1 87:3,11 146:9 157:21 33:23 43:15 45:9 126:1 76:13 82:4 130:20 141:12 158:2,5,6,11,12,21 159:7 157:22 158:2 159:12 applicable 159:13 161:6,12 162:25 amounts 167:20 armstrong's 158:6 application 35:25 154:16 amsco 12:7 21:10 41:2,4 60:20 aroclor 116:24 117:2,4,19,25 118:4 65:20 68:2 71:7 83:8,19,20 19:7,1020:5 21:3 22:13,14 118:5,8,10,24 119:11,15 84:2,4,23 90:13,17 139:9 27:18,20 28:6,8,18 29:12 155:15,17,19,21 156:25 148:11 150:7 154:16,20,22 33:7,10,13,18 34:15,25 157:16 158:2 159:2,18 166:10 35:18 37:16 38:6 40:20,25 160:8 161:3,7,9,20,23 applications 41:13,20 42:19 43:13,24 162:25 11:17 12:3,5 16:24 17:1 44:3,19,20,23 45:4,15,24 amsco's 19:3 21:2,7,8 34:6 35:18 46:2,5 49:5 51:6 53:14 54:7 163:3 38:22 60:23 66:9,10 69:17 59:15,17,21 60:3 63:15 angle 69:21 74:1 88:18,25 90:21 64:12 71:6,9,13,23,24,25 127:12 96:16 99:21 111:2 115:6,7 72:8,18 73:7,17 77:2,4 annexed 115:11,21 123:23 141:23 80:17 81:11 86:5,7,21,23 171:17 150:8,9,10,16,18 87:10,15 88:1,18 89:5 annotated applied 90:12,16,19,24 93:24 94:1 168:6 34:16 71:12 100:9,16 96:22 99:20 100:8,21 annual apply 104:22 105:25 110:9,19,24 160:13 12:4 111:23 114:7,10,22 119:21 answer applying 124:11 125:24 130:9 6:1921:6 35:1038:11 39:9 10:1041:3 142:10,11,16 143:5 144:13 39:10 46:24 51:21 54:20 appointed 148:6,10,15 151:21 152:3 61:1963:1878:1,2 82:2 118:6 155:21 153:14 157:22 158:22 83:22,24 91:13 107:20 159:12 161:20 163:2 164:7 Waych off HARTOLDMONOOQ4637 [aroclors - break] aroclors atrium band berlik 27:23 29:14,21 30:1,2,6 2:4 137:13 92:9 94:2 34:15 42:15 44:21 46:9 attached barely best 48:22,23 49:7 51:12,19 166:24 67:18 66:14 94:9 95:1 107:21 52:4 53:9,21 54:12 56:5,16 attempting base 139:8 140:3,5 56:21 57:11,15,23 58:18 90:18 35:7 better 60:24 61:16,17,22 62:5,11 attends based 103:24 145:9,21 63:9,19,25 65:12,15,21 55:8 11:1 18:16 167:15,17 bewildered 66:11 67:5,5 69:16,23 70:5 attention basically 139:7,21,24 72:5 73:25 74:4 76:21 76:2 79:14 89:24 138:2 15:8 50:21 67:16 148:25 big 78:18 80:24 81:9 86:8,10 attorney basis 30:23 102:17 86:16 93:20 94:4,12 100:2 26:17 146:7 14:14 146:16 bigger 100:13 111:2 113:24 august bates 53:5,5 114:20 115:5 124:8 125:4 10:15,24 58:25 43:9 67:6,7 70:19,22 79:24 bill 125:24 130:14 143:15,18 author 85:3 96:19 119:25 123:2 11:15 144:15 148:24 154:21 77:17 92:7 128:2,8 130:19 132:8 bit article authored 137:14 138:25 140:11 22:19 28:1 52:7,21 109:20 76:7,13,15,19 77:1 78:14 74:10 110:16 144:4 148:1 79:6,14 authority bear blended articles 107:9 109:19 90:12 53:2 77:19 authorizing bearing blue arts 75:1 42:5 43:9 70:22 79:24 138:17,18,20,22 139:14 4:19 5:8,9 147:9 automotive 96:18 132:8 144:3 asbestos 101:14 103:25 bears body 32:13 available 57:6 67:5 70:19 119:25 102:13 asked 149:2 123:1 128:8 130:19 137:14 bold 6:4 8:24 27:3,5 33:12 57:9 avoid beaver 92:21 58:14,17 66:7 131:17 73:8 159:8 bonavoglia 132:16 133:2 aware bechtold 71:4,21 asking 3:19 32:12,14 33:4,6,9,18 16:18 18:3 book 26:24 35:9 42:24 46:12 34:10,12,14 39:5 46:1 began 138:17,18,20,22 139:14 75:1288:1798:19 114:14 54:15 55:13 60:24 66:4 13:13 140:4,7 144:3 125:9 126:15 133:15 135:4 75:7,13,17 83:18 84:3 87:2 beginning books 138:19 156:19 87:6,13,25 90:21 102:12 10:24 123:6 139:2 146:24 38:15,18 aspects 107:23 138:5 150:12,19,21 behalf born 37:5 46:16 150:22,25 151:1 152:1 2:2,7,11,16 7:15 162:7,14 23:5 assigned 153:21 154:2 156:1 157:8 believe borrowed 14:1 18:4 19:23 65:11 157:10 12:12 13:12,22 20:1825:11 8:7 assignment 13:13 b 38:19 43:19 44:22 60:10 boss 75:15 78:19 83:14 94:6,16 37:2 assist 168:8 c-7 95:8 97:15 98:18 100:14 bottle 108:21 112:6 124:23 129:3 59:16 assistance 16:23 17:13 4:18 147:9 131:6 151:17 152:5 153:16 bottles believed 59:15 60:7,12 associated 147:18 153:22 154:3 assume 81:24 82:7 86:9 91:2 132:5 3 22 7 9 917 1315 15 4 6 15:8 34:22 42:4 50:4 62:6 72:13 86:14 88:13 106:9 114:24 122:17 127:21 114:2 bend 127:12 bending 135:3 156:23 159:17 138:2,9 140:7 145:17 151:1 127:19 assuming 134:10 152:11 153:1,4,19 157:20 background benefits 11:23 atlanta 18:11 415 147 2 24 beniginas 68:25 69:3 bottom 53:22 57:6 72:23 73:1 85:12 99:25 121:25,25 126:3,7,14 box 144:13 boy 17:22 86:12 break atmosphere 60:14 185 balfour bergen 11:15 16:10 50:2,8 56:12 6:17,20 14:13 22:24 23:2 143:1 90:8 Waych off HARTOLDMONOOQ4638 [brell - closer] brell California ceiling chemist 36:15 50:23 32:19,20 33:7,14 34:4,6,9 10:3,8 139:19 briefly call 34:11,17 35:1,6 39:3,6,11 chemistry 26:7 137:3 17:10 22:7 29:8 30:21 39:14,21,24 40:3,7 66:3 5:9,13 147:3,5,8 bring 33:11 91:16 92:7,13,15,19 87:4,7,11 101:5 140:18,24 Chicago 16:1 79:14 102:22 93:1,11,16 119:16 158:4 141:1 146:13,14 148:7,11 18:13 brings 166:17 154:16,22 chloracne 15:21 called cellulose 59:23 60:1561:12,12,15 broke 7:18,24,25 10:25 27:5 81:2,2 89:4 62:1 61:13,13 29:12 33:15 54:24 93:17 center chloride brother calling 2:14,19 85:24 124:12 63:23 64:1 18:24 117:7 central chlorosulfonated brought calls 32:23 34:13 10:10 13:6 146:9 16:22 17:4,11 18:11 30:14 certain chris brown campus 18:4 87:16,18 97:25 145:12 1:23 7:9 certainly Christopher budget Canada 61:20 136:22 2:13 93:19,20 109:9 certified circulation bugle Canadian 167:24 157:8 29:12 110:10 certify circumstances building capacitors 167:3,9 168:1 59:13 11:7 138:6 80:5 chance city bulletin capacity 48:7 63:5 67:4 68:2,9,15,21,22 69:11 72:2 change civil 69:23 81:15 82:25 84:23 caption 15:5,11 16:2 19:18,19 1:5 168:6 87:13 88:21 96:23 97:4,6,9 108:12 131:10 167:4 21:14 161:21 168:12,15,18 clarify 104:22 105:1 107:10 care 168:21,24 169:3,6,9,12,15 60:8 163:24 112:10 115:4,8,22 116:5 90:16 169:18,21,24 170:3,6,9,12 dark 119:21 120:16,22 121:4,8 careful 170:15,18,21,24 171:3,6,9 57:1,2,5 90:14,18,22 91:1,3 121:15,18 122:9,15,20 21:11 171:12,15 class 123:7,25 124:4,5 127:22 carolyn changes 44:21 128:1,7,9 130:9,13 131:3,7 2:1767:13 117:14 155:1,7 93:6 105:21,23 168:4,4,7 classified 131:7 132:3,25 133:5,16,17 carrollton changing 101:20 133:25 134:1,7,13 135:8,21 1:19,24 3:24 4:3 25:24,25 106:1 classify 135:22,23 136:4 137:7,17 carry charge 101:18 156:15 163:3 166:10,20 28:5 63:4 65:11 118:22 121:7 cleaning bulletins carson 155:22 64:1 62:7 65:3 68:4 69:9,20 70:1 77:14,16,22 charged clear 87:17,25 105:16 109:22 case 121:3 167:21 57:3 107:14 132:14 117:23 121:17 122:13 5:25 7:17,23 154:17 167:10 charges cleared 156:10,12,20,23 157:2,4,9 167:12 167:16,18 62:8 161:24 162:7,14 cat Charlie Cleveland burn 140:1,3,5 68:25 18:13 14:6 143:18 catalog chart clicking business 9:4,6 138:15 141:9 163:9 22:7 25:7 44:9,14 45:22 categories check client 46:14,16,1847:1549:10 142:6 142:25 59:24 110:24 125:14 caulking checking climate butyrate 100:23 43:22 52:22,23,24 89:4 caused chemical close c cable 12:7 17:2 19:4 calendars 9:9 8:10 54:3 57:21 147:18 ccr 1:21 167:24 cease 149:13,19 8:1 12:9 14:1 15:4 24:13,17 25:4 75:25 24:19 25:4 50:24 70:15 closed 71:5,8 74:3,9 153:1 38:22,24 150:18 chemicals closer 10:19 14:4 15:17,23 49:13 22:22 105:10 117:11,13 135:10 136:4 Waych off HARTOLDMONOOQ4639 [clothes - cost] clothes compared 63:21 64:3 143:6,7,16 coated compatibility 12:6 146:15 154:21 85:17 124:14,18,19 125:3 coating 125:17 126:8,22 127:1,11 33:5 34:8,8 35:6 66:3 100:9 compatible 100:20,23 101:3,5,5,7 86:25 88:23 124:12 125:4 140:25 141:2,5,13,19 125:15 126:11,20 127:17 154:15 compiling coatings 157:13 65:19 100:2,5 140:16 complaint 150:11 71:4 74:18,21 75:9 code complete 168:6 167:7 codes complies 138:6,6 59:5 69:12 96:20 college component 4:18,18 146:13 87:3 column compound 80:17 85:6,22 86:7 101:21 100:23 101:23 102:1 compounding columns 10:9 85:10 computer combination 157:20 83:9 concentration coming 5:12 58:11 86:23 105:24 138:6 concentrations comment 61:24 125:20 68:16 79:6 concern commercial 153:1 10:18,22 11:2 12:10,11,17 concerned 12:20,23 13:15 15:4,16 63:20 153:5 154:6 114:23 concerning commercially 27:17 71:4 104:22 151:19 11:22 152:1 153:13 164:6 commission concerns 171:23 53:1,14 152:23 153:21 committee 154:3,9 54:11,24 55:5 128:24 concluded committees 164:15 54:15 55:2 condensed communicate 115:4 22:6 condensers communicated 80:5 73:16 conduct companies 14:22 19:21 14:8 24:20,21 25:3 45:9,10 conducted company 14:24 46:21 58:15 147:10 1:9,9 2:12,16 3:15 5:3 8:7 confidential 10:1324:1425:6,8,9 59:14 6:2 104:20 70:16 71:22 103:7 106:2 confirm 108:3 153:17 155:9,11 150:2 161:7 confronted compare 139:3 45:15 133:18 confused 162:10 congoleum contract 59:1,25 60:1,2,3,5,17,19,24 159:18 conjunction conversation 64:18 121:6,7 26:25 connected conversations 61:21 26:20 51:10,17 153:12 Connecticut convinced 10:1 111:24 112:1,4 connection copied 44:8 47:14 56:20 57:10 59:2 63:10 76:9,10 67:11 copier conscious 106:9 106:8 copies consider 106:6 107:10 167:16 49:15 100:5 101:6 142:21 coplasticizer 152:13,20 124:23 considerable copy 123:9 68:6,8 71:17 91:19 109:23 consideration 110:12 167:15 124:8 143:4 cork considered 3:14 18:6,7 28:3 31:12 37:9 26:21 50:1561:16 100:19 42:15 45:19 66:1 158:5,6 100:21 101:2,4,10,17,25 158:12 124:14 140:25 141:1,4 cork's 142:6 34:13 consistent Cornell 43:14 122:14 124:22 125:2 4:18 5:16 9:20 construction corner 9:12 80:8,10,20 83:4 92:20 consultant 121:25 120:14,24 corporate consulted 135:7,9 136:14 166:21 129:7,11 corporation consulting 71:8 158:23 25:22 129:2 correct contact 27:13,14,1931:1540:21 7:5 51:17,23 117:19 118:8 47:16 48:25 49:1 56:5,6 155:18,20 161:3 75:15 76:23,24 85:7,10,11 contacting 100:3 107:22 108:5,6 112:6 53:13 154:9 113:24,25 125:7,25 132:1,4 contained 134:2 141:2,17 142:10,17 80:14 85:2 93:11 132:25 147:24,25 148:16,17 149:3 133:5 134:1 149:15,21 149:15 150:4 151:21 containing 152:23,24 155:12,13 42:6 150:6,15,17,23 151:6 156:10,11,25 157:5 158:19 151:11,21 152:3,3,13 158:20 159:19 161:3,4,7,22 153:14 154:2,10,21 164:7 167:8 contaminant corrections 152:18 153:6,8 168:8 contaminants correctly 49:8 88:17 contents correspondence 5:24 9:851:5 116:18 153:12 continue 164:5 12:8 27:2 cost 14:10 Waych off HARTOLDMON0004640 [costs - developing] costs customer dealing department 37:10 6:4 8:4,8 16:21 17:4,16 14:4 50:19 51:3 54:25 10:19 13:1824:1848:19 council 28:16,25 29:19 30:14,17,20 122:12 134:22,23 57:8,9 62:9,15,18,20,21 102:5,10,13,19 103:6,10,16 30:22,23 31:1,19,19,21 dealt 64:18 75:1,5,6,8,10 98:11 103:22 104:2 37:6,6 44:2 45:17 46:6,8 37:25 119:11 111:8 121:1,2,5 128:23 council's 47:2,3,7 48:5 60:5,11 71:11 dear 129:7,8 102:25 73:25 74:24 75:3 93:5,6,15 72:22 departments counsel 93:16 98:15 102:21 103:21 decal 108:23 134:24 2:1 6:25 7:5 27:1 43:6 59:6 103:23 113:20 114:5 60:12 department's 69:13 96:21 167:10,11 162:21 164:6 decals 64:17 country customers 59:15 departure 14:24 138:7 17:12,20 18:24 27:12 28:7 decernber 153:16 county 28:12,1529:831:1035:17 8:21 25:19 76:8 89:9 depended 167:1 45:2,25 46:22 47:11 50:19 decide 29:18 couple 51:4,11 53:7,11,12 54:7 11:21 77:15 106:16 depending 15:9 38:14 45:23 85:4 61:12 62:4 69:20 72:4 decided 30:16 122:24 73:16,20 79:5,10,14 87:15 25:4 56:23 106:13,22 deposition course 94:9 96:15 97:12 100:1 decision 1:11 5:18,226:1,7 7:13,15 5:3 41:15,18 43:6 73:16 102:20 109:13,23,25 110:3 49:20 51:18 54:5,12 90:25 7:21 8:19 55:9 63:25 courses 110:9,10,18 114:17 117:8 91:4 94:21 106:2,5,9,16 119:20 164:15 166:5 4:19,23 117:24 124:1,2 149:3 107:3,9,13 108:4 149:13,19 167:14,21 168:1,7 169:1 court 153:13,20 154:1,8 161:24 151:20 152:2 170:1 171:1,18 1:1 3:16,17 6:9 167:24 162:1,7,14 decorative describe cover customer's 100:25 13:22 15:15 16:7 29:23 29:20 56:2 67:6 83:7 120:1 29:3 30:9 139:20 decreed 93:9 101:9 127:4 136:21,21 cv 28:4 describes covered 1:5______________________ defendant 88:21 123:7 19:8 56:4 coverings 17:3 19:5 31:24 32:13 covers 126:8 138:13 cows 133:9 craver 11:11 crease 127:14 created 128:20 crestwood 4:10 cross 3:4 146:1 155:5 165:5,6,7 cumming 23:14 36:23 52:12 53:4,16 58:6,7 65:5,9 74:9,10 76:7 76:22 77:6 78:7 97:15,18 97:20,22 107:6 114:12 134:15,16 cure 8:12 curious 39:20 customary 167:16,18,20 d 2:7,11,16 description data 68:2 158:13 166:10 date 8:13 13:4 25:21 26:3 42:2,5 42:12 47:24 51:2 56:25 defendant's 8:17 26:6 42:9 47:22 58:23 66:21 70:18,24 74:13 79:19 82:19 89:14 92:2 95:15 104:10 130:2 135:14 160:4 166:3 designed 140:4 desire 168:7 57:6 58:21 68:1 71:2 74:7 136:19 166:3 desired 76:3 79:2 83:2 93:16 95:10 95:16 104:14 108:2 121:16 121:22 122:13 135:12 define 20:1941:12 definitely 141:12,19,21,23 desk 29:13 137:16,19,21,24 129:10,12 141:14 detail dated 8:20 56:25 68:6 76:8 104:25 131:25,25 166:8,9 166:11,12,13,16,19 dave definition 20:15 41:19 43:23 degree 4:18 125:16 147:7 deliberately 123:9 detailed 28:21 details 7:23 8:4 44:11 46:18 52:9 16:18 david 23:14 36:22 davidson 26:14,15,16,20 33:11,15 96:24 delivered 8:8 delivery 158:25 61:4 determine 97:12 121:20 determining 122:8 day denemours develop 5:22 167:22 168:2 171:21 deadening 9:22 dep 44:14 111:1 153:15 developed 101:15 deal 19:13 20:4 37:18 53:20 146:25 59:23 60:1561:11,1262:1 departed 111:17 114:5 152:17 136:11 149:24 150:2 151:9 developing 62:18 118:1 119:13 151:11 151:10 64:20 113:19 114:4 Waych off HARTOLDMONOOQ4641 [development - either] development director districts drafted 10:18,22 12:10,17,23 13:15 16:13 21:23 24:3,4,16 28:3 18:5 164:5 15:5,16,19,1929:10 111:7 37:20 38:2 71:22 107:1 divided drafting develops directors 18:2 48:12 134:24 61:23 107:2 division drastically devote disclosure 10:20 13:19 15:17,24 24:18 110:7 131:11 30:6 167:13 28:4 31:10 49:14,22 68:20 draw diaries discontinue 74:23 91:16 130:13,15,15 29:11 9:8 151:20 152:2 130:16 136:4 dream dicker discontinued division's 102:14 103:3 2:18 96:14 68:21 drop dielectrics discovery dixie 119:17 80:4 53:3 3:24 dropped differ discuss doctor 128:6 93:4 132:24 133:4,10 17:19 36:6 44:16 75:9 129:1,2 duane different 116:14 doctors 2:9 92:18 111:18 133:16,21 discussed 129:3,6 due 150:16 56:23 72:17 76:12 document 163:8 differentiate discusses 8:15,16,22 26:5,8,9,12 42:2 duly 100:19 71:23 42:3,8,13 43:1,3,5,20 47:21 3:2 difficult discussing 47:24,25 48:3,8,17 58:20 dupont 67:10 37:4,5 74:19 116:11 152:7 58:22 59:7,8,10 66:17,20 9:22 10:2,4,5,8 dimuro discussion 66:24 67:7 69:5,6 70:17,20 duties 2:13 21:5 26:15,17,23 32:3 20:17 23:10 33:25 41:25 70:23 71:1,16 74:7,12 76:3 19:25 32:8 34:18 35:5,10 38:9,11 42:10 47:19 55:6 58:8 79:17,18,21,24 82:14,16,18 dye 39:8,10 42:4,20,25 46:23 67:24 81:13 82:23 84:18 82:21 89:13,22 91:14 92:1 71:8 47:14 50:11 51:20 54:19 88:14 94:8 116:22 136:17 92:4 95:8,12,14,17,23 96:3 e 61:1863:1768:5,11,14,18 144:2 148:2 160:25 96:8,9,10 99:13,25 104:7,9 e.m. 71:17,19 73:11 77:25 78:3 discussions 78:5,23 81:3 82:1 83:21,24 7:1 37:8 55:18,20,23,24 84:6,11,14 87:19 88:3 56:1,7,8,10,15,19 78:17 89:23 90:1 91:17,20,24 79:1 151:19,25 152:6,9 94:14 95:16,20,24 96:4 distilled 104:19 108:10,11 119:22 120:10,12 121:20 123:1 129:19,20,24 130:1,4,12,19 130:23 131:9,23,23 132:15 132:19 135:13 136:18 129:4 earlier 110:18 124:10 131:5 140:18 early 127:22 97:7 102:7 103:17 107:19 43:14 137:4,5,9,21 138:3,10 52:20 79:4 112:4 108:10,25 109:15 112:13 112:22 113:13 114:11 115:12,14,23 117:13 distribute 107:10 distributed 139:13 158:18,18 166:18 documentation 158:17 162:25 edelman 218 educational 118:15 120:3 123:13 124:3 106:7 107:15,16,24 156:17 documents 4:15 147:2 125:9 126:13,17 127:25 156:25 8:20,25 9:2 70:7 129:21 132:14,18 133:8,20 distributing doing 133:23 134:3 135:1 136:20 149:14,20 150:23 156:2,22 49:3 136:24 137:18 140:20,23 161:11 162:15 domestic 143:10,14 144:5,7 145:3,10 distribution 96:15 effect 53:22 54:1,3 154:11 effecting 1688 effective 145:18 146:19 149:6,22 151:15,23 163:10 164:12 dioctyl 12:1 direct 118:25 159:6 160:10 distributor 41:6 92:19 116:25 155:11 155:15,17 156:16 158:23 159:18 161:10 162:5,12 don 21:21 50:2,11,12 dop 19:11 90:12,19 104:3 dozen 12:1 144:15 effects 61:17 63:8 64:7 147:18 efforts 53:8 111:8 113:8,17,23 89:23 167:18 163:13 86:13 ei directed 8:20 distributors dr 118:6,22 155:22,25 156:10 60:10 62:22 71:21 72:23 922 eight direction 22:6 167:6 directly 156:13,20 163:19 distributorship 119:1 73:4 74:19 76:5,6,6 129:5 146:4 draft 11:7 either 7:15 36:15,22 51:4 52:1,20 64:24 158:14,24 district 1:1,1 3:16,17,17,18 36:20 128:25 53:13 68:10 90:18 120:13 129:5 167:19 Waych off HARTOLDMONOOQ4642 [electrical - feasibility] electrical entitled exactly explain (cont.) 12:6 69:15 101:16 67:5 74:8 135:8 86:13 90:3 97:13 141:10 elmer entity examination explained 59:2 62:20 76:6 24:20 3:4 123:8 146:1 155:5 49:2 146:22 elmer's entry 164:1 165:3,5,6,7,8 exposed 101:12 43:10,13 examinations 61:23 elongation environment 165:1 exposure 142:3 49:8 53:3,21 57:23 153:9 examined 146:10 elser 154:11 3:2 extolling 2:18 environmental example 28:8 emmet 132:12 133:25 134:6,12,25 30:18 44:18 45:2 65:24,25 extremely 62:22 71:21 152:22 153:21 154:3 66:2 81:18,20 82:8 87:21 31:21 emphasize epox 87:22 89:2 100:12 103:15 exudation 112:19,21 7:19,24 8:5 103:19,20,24 141:21 142:1 126:25 127:8,14 emphasized epoxy 142:9,10 156:25 exude 93:21 8:2,11 89:3 examples 20:25 125:18_____________ employ equals 167:11 85:13 employed equipment 9:21 10:4 152:17 employee esq 7:2,14 32:11 164:5 2:3,8,13,17 employees establish 6:1 37:3 54:25 59:23 60:15 11:2 61:11 151:19 established employment 11:20 24:11 25:22 estate emulsions 1:3 25:7 101:11 ester enclosed 8:1 19:11 61:25 esters encourage 148:22 69:20 70:4 estimate encouraging 13:5 79:3 105:4 52:4,5,8 et ends 1:4 67:7 ethyl engage 81:1 153:12 europe engaged 19:24 109:8,8,9 15:1 evaluated engineering 147:20 14:2 evaluation english 141:14 76:14 event ensued 138:24 20:17 23:10 33:25 41:25 eventual 42:10 47:19 55:6 58:8 94:12 67:24 81:13 82:23 84:18 everybody's 88:14 116:22 136:17 144:2 145:16 160:25 evidence ensure 167:8 160:4 evidently entered 71:6 74:2 168:7 exact 13:3 79:2 86:15 16:25 19:2 88:22 100:11 f exceed 125:17 excellent 69:14 excuse fabric 10:11 12:6 140:21 face 61:13,14 facilitated 9:11 75:20 executrix 1:3 exhaust 90:15 159:15 facility 159:14 fact 116:5 141:20,22 157:15 exhausted fahrenheit 72:1 exhaustive 97:11 exhibit 8:14,17 26:4,6 42:9 47:22 72:8 fail 83:1 fair 67:22 112:25 57:4 58:23 66:21 70:18,24 fairfield 71:1,16 72:22 74:13,17 76:2 79:19 82:19 89:14 92:2 95:15 104:10 119:20 10:1 fall 102:1 130:2 135:14 136:19 166:3 falls exhibits 166:1,24 exist 103:3,3 existed 159:8 familiar 26:9 familiarize 137:3 103:4 146:13 expenses 167:19 experience 79:9 122:12 fans 73:11,12,15 far 15:12 63:19 77:2 93:1 95:3 98:7 114:22 130:5 experienced faring 139:6,17,18 expertise 111:11 fashion 62:10 expires 171:23 95:19 faster 159:1 explain 32:16 51:24 86:19 124:17 feasibility 11:2 Waych off HARTOLDMONOOQ4643 [february - given] february fish forms 70:8,11,13,21 153:6 98:25 99:3,4,6 163:18 federal fit formulate 168:5 31:20 41:19 43:23 47:12 74:23 fee five formulating 167:20 12:12 27:11 28:7,14,17,25 44:9 feel 29:20 30:3,6 44:14,22 formulation 120:8 46:14 80:23 111:21 148:13 34:16 61:2 64:11 111:19 felt flameout 141:3 154:15 23:20,23 49:9,11 52:12 144:16 formulations 75:6 114:16 flap 10:9 field 141:9,9 formulator 37:2 flexibility 139:7,17,18 figure 8:3 12:2 fortify 46:7 flexible 37:13 figures 81:10 forward 85:16 floor 91:7 161:24 file 17:2 19:4 31:24 32:12 forwarded 89:10 37:13 162:25 filed fluid found 98:10 46:11 80:4 3:20 49:7 96:24 152:17 files fluids 153:8 8:24 50:9 63:22 64:2 frame fill follow 17:21 105:4 98:15 4:15 74:16,16 122:24 155:1 frederick final 163:23 3:8,10 94:21 149:13,19 following front finalizing 168:4 84:1 122:16 129:8 134:24 follows full find 3:3 3:6 39:20 41:9 47:6 52:4,13,16 force fully 69:20 70:5 72:14 109:10 41:9 53:8,13 79:13 94:11 49:2 86:25 137:24 140:8 142:20 144:9 94:18,20,23 95:3 fumes finding foregoing 59:21,21 71:24 73:8 90:16 57:22 167:3,6 function fine forget 10:23 12:9 15:5 16:12 60:23 90:5 36:16 19:18 21:20 29:6 36:9 finish form 39:19 44:6 50:18 62:3 45:1066:10 115:16 21:5 34:18 35:8 38:9,10 64:15 102:19,25 136:7 finished 39:8 42:20 46:23 51:20 functional 14:11 40:15 89:17 92:5,6 54:1957:19,21 61:1863:17 80:3 95:13 119:24 128:18 68:6 82:1 83:21 84:6,10,11 functions finishing 87:19 88:3 92:18,24 93:1,3 16:20 141:13,19 93:9,11,14,14 94:14 97:7 furnish fire 98:15,23 103:17 107:19 171:17 69:15 135:7,9,9,15,18 108:25 109:15 112:14,22 furnished 136:14 138:3,6 143:5,19,21 115:24 135:1 143:10 167:17 143:21 148:15,20 166:21 146:18 149:5,22 151:23 further firecrackers 162:6,18 163:15 168:7,9 164:11 167:9 144:21 formal future firm 56:14,19 103:9 52:15 50:23 formalized fyi first 103:4 63:12 3:2 9:20,21 10:16 16:8 18:9 formed 33:9 69:1 70:7 85:12 90:6 54:16 104:23 110:6 127:7 150:20 9 game 94:17 garden 12:6 17:3 19:4 gary 2:4 146:7 gateway 2:19 gel 8:11 gene 23:14 general 6:7 19:6 25:15,17 27:12,23 28:1429:6,1530:11,13 49:21 59:12 69:11,19,25 98:6 147:1 154:8 160:9 generally 30:13 55:16,17 56:1,4 61:1562:6 71:11 72:17 75:13 76:11,18 86:7 90:22 138:4 generated 148:2 gentleman 13:25 64:6 145:3 george 11:15 georgia 1:19,24 3:25 167:1 168:6 gerald 26:13 gerard 26:15,16 german 11:1 getting 29:4 53:5 73:7 152:19 ginsberg 2:4 146:8 give 4:14,21 8:2 13:22 15:14 16:22,25 17:8,11,13 18:5 19:2 27:4 29:14 30:2,18 37:7 44:11 45:9,14 49:23 50:4 52:8 57:24 59:11 63:24 65:24 87:21,22 89:11 91:13 93:15 97:23 103:15 108:7 123:25 124:2 135:11 142:1 156:8,9 given 7:14 15:18 24:6 46:5 76:14 98:15 103:5 118:4 123:8 141:10,21 161:17 167:8 168:2,8 Waych off HARTOLDMONOOQ4644 [gives - identifies] gives greater head hoc 88:22 44:1 77:4,7 6:11 85:20 54:24 55:2,5 giving greenspoint headaches hold 6:23 115:4 25:14 73:7 122:23 157:19 glow ground headed hollings 144:16 6:8 97:15 62:24,24,25,25 63:1,2 glue group heading home 101:12 16:9 18:16 19:8,18,19 90:7 91:6 110:7 124:19 9:4 133:9 go 28:15 108:22 135:8,9,15,16 139:1 honestly 14:13 15:6 16:21 17:16 135:18 136:9,10,14 138:3 headquarters 13:3 15:1025:8 38:13 18:19,21 24:12 25:5 28:25 146:8 166:21 11:8 55:21 151:7 36:24 37:1 39:9 40:16 guarantee heads hong 72:13 86:3 94:15 95:4 122:11 75:24 109:8 126:5,18 128:19 140:14 guess health hoods 141:8 142:4,12,14 155:2 5:137:1951:14,1561:21 63:8 147:18 73:10,11,13,15 156:12,16,20 79:3 102:6,8,9 103:2 105:6 hear hope god 160:16 67:17 84:13 87:23 89:18,19 77:13 63:25 guessing 117:10 122:3 133:1 145:8 hopes goes 105:5 151:14 77:22 80:1981:1 90:9 110:22 guide heard hose 112:7 113:5 120:1 128:3 140:6,15 138:16 154:14 12:6 17:3 19:4 139:21 155:1 gussy hearing hot going 102:16 22:19 67:10,13 84:8 167:9 61:24 8:139:12 11:21 20:1923:1 guy heat houston 26:2 27:3 30:21 42:1,3 47:2 36:17 103:24_____________ 73:25 74:4 4:5,6 7:18 18:12 24:14 25:7 47:8 52:15,18 54:8,18 h heated 58:19,24 63:24 66:16 68:5 half 71:25 72:5,9 70:1,6 74:6 79:16 86:14 13:7,11,21 heating 89:8 91:14 94:24 95:18 105:20 106:13,17 107:9 109:18,24 110:1,4 114:23 115:14,23 119:18,18 120:7 125:20 126:5,24 129:18 hand 58:24 66:18 80:8,10,17,20 83:3 85:6 92:20 121:25 handing 132:2 73:7,19,20 heavily 109:22 heck 160:23 130:10 132:9 135:8 146:25 handle heckscher 155:2 158:23 160:22 163:9 163:24 good 47:2 74:21 116:25 handling 64:12 127:24 132:11 133:4 2:9 held 30:25 31:3 58:3 11:25 71:1 111:12 143:19 handout hello goods 32:14 gooey 21:12 86:22 gooeyness 98:14 handwriting 72:24,25 handwritten 83:4 66:22 helms 26:18 help 36:7 74:23 122:8 140:4 127:8 gotten 65:2 government 12:19,24 13:2,21 14:9 happen 75:8 160:12 haralson 167:1 hardness helps 122:1 hey 30:10 104:3 109:18 114:7 hi grade 142:13,17 119:17 143:5 graduate hardware 32:24 34:4,13 39:14 high 4:17 45:11 49:19 59:19 5:15 graduated 9:19 hazard 74:9 hazards 61:24 higher 50:15 125:20 great 19:13 53:20 142:2 132:12 133:25 134:6,12,25 hired 120:24,25 25:14 howard 11:15 16:10 50:2,8 56:11 huh 24:5 27:9 113:10 124:20 hundred 85:18,19 hurry 8:5 hydroquinone 24:24 icky 21:1 idea 4:14,21 12:22 13:22 15:14 17:8,12 30:4 33:22 34:3 38:21 57:1 68:24 73:21 78:6 81:17 91:12 99:2 102:2 115:9 159:10 161:9 ideas 113:21 124:1,2 identification 8:16 26:5 42:8 47:21 58:22 66:20 70:17,23 74:12 79:18 82:18 89:13 92:1 95:14 104:9 130:1 135:13 136:18 identified 155:10 identifies 125:3 Waych off HARTOLDMONOOQ4645 [identify - know] identify 38:4 42:3,12 48:1 71:1,16 76:3 79:21 82:20 92:4 93:19 96:7,8 104:18 137:5 137:11 138:22 ii 14:25 image 112:8 114:17,18 immediate 52:10 imparting 30:12 impression 99:19 inaccurate 43:20 inch 104:6 incidental 167:18 include 46:15 included 27:15 111:3 including 22:13,14 80:25 114:20 incompatible 85:14 87:10,15,18 88:2,19 89:3 inconsistent 112:8 114:1 125:10 incorrect 107:12 increased 104:5 index 165:1 166:1 indicate 92:23,25 96:24 137:21 indicated 40:18 98:7 153:7 156:8 157:20 159:11,17 161:2 indicating 32:18 indication 83:4 individual 28:12,16 78:8 92:11,12 individually 1:4 individuals 23:12 industries 1:6 2:73:13 146:10 157:21 159:7,14 161:6,12 163:1 industry interview job 14:2 101:14 103:25 127:3 98:16,18 10:2,12,13,16,23 11:2 inertness introduced 14:13 16:21 23:22 35:16 69:15 81:24 50:23 83:10,19 84:2,5 informal introduction 160:4 103:9 123:3 jobs information investigative 105:18 40:23 62:7 87:9,12 93:2,10 58:10 john 105:15,24 108:8,12 109:11 involve 5:23 23:15 131:11 162:6,16,18 163:1 152:25 154:20 join informed involved 88:5 94:20,24 24:22 29:19 30:22 54:10 joined ingredient 63:8 64:11,23,24 65:2 12:20 88:7 20:21 69:23 75:1 97:21,22 103:16 july ingredients 106:16,19 107:2,7 134:11 74:8 78:15,23 87:3 139:12 152:8,22 157:12 june inhalation involvement 4:2 10:6,14 12:16 25:25 71:24 inhibit 113:8,23 inhibited 113:17 114:10 initials 73:1 injection 104:2 ink 59:18 inorganic 130:15 136:4,5,6 insignificant 43:17 instructed 30:5 94:23 instruction 141:15 instructions 31:9 141:10 insulation 101:14 insurance 25:9,16,17 intelligence 46:15,21 47:1,6,18 intendant 108:21 interaction 118:3 interest 30:9 75:19 interested 26:22 167:12 interesting 78:8 interim 114:8 116:24 117:1,4 118:10 119:6 121:14 122:19 involving 7:18 66:11 iowa 4:17 irregardless 122:18 irrespective 7:5 issue 54:25 61:15 62:19 63:8 72:16 115:4 issued 78:16 87:14 116:6,18 156:15 issues 95:21 items 48:23 j j.d. 63:1,3,4 155:22 159:25 jack 71:3,20 jackson 18:7 james 36:16 january 10:5 jbs 1:6 jersey 1:1 2:5,14,19 3:17,18 jim 36:1652:11 56:11 118:11 joan 1:3,4 k kara 1:21 167:24 168:3 keep 22:22,23 75:23 107:5 113:20 114:17 138:5 keller 76:6 kelly 62:22 71:21 72:23 73:4 74:19 76:6 ken 11:11 kennedy 5:23 kept 108:23 kid 144:21 kimberly 90:14,18,22 91:1,3 kin 167:9 kind 16:2 25:22 64:23 75:2 100:25 101:2 103:5 109:24 116:17 132:10 142:13 kit 28:5 kkl 168:1 169:1 170:1 171:1 knew 8:6 33:23 52:14 95:3 107:12 136:13 know 29:18 31:4 36:3 38:13 39:2 39:11 40:15 42:25 45:8 46:13 53:10 54:9 55:3 56:4 56:22 57:12 60:19,22 61:1 Waych off HARTOLDMONOOQ4646 [know - mae] know (cont.) largest 61:3 63:1,1 65:23 67:16 46:4 139:1 68:7,10 73:9 75:4,18 77:6 late 77:16 78:3,5,7,9 79:8,12,15 44:13 54:17 55:1 151:2 80:12 81:5 84:20 86:13 latham 88:17 89:16 90:2,17 91:2 2:13 91:20 92:5,12 95:12 97:8 laurel 97:19 98:25 100:20 101:18 2:5 103:21 105:1,12,13 106:10 law 106:18 108:15,17 109:1,2 2:4 63:23 146:7 110:12,21,22 112:15,21,23 lawsuit 113:4 114:5 116:10 119:23 3:19 7:1 61:5,8 146:17 123:4 126:17 128:17,22 lawyers 129:5,10,14 131:21 134:8 146:22 160:23 135:2 137:18 138:14 140:3 layman 144:23 145:15 148:8,12 96:23 97:4 151:7 152:6 155:14 157:15 leader 158:1,14,16,21 159:5 4:5 160:12,15,16,19 161:3 leading 162:2,5,12 163:12,16,17,20 51:2 54:12 56:7,8,10 94:11 knowing leave 51:12 29:1 47:4 knowledge leaving 20:6 30:12 31:11 37:17 150:5 158:4 40:23 41:4 66:14 72:12 left 94:9 95:1 107:22 148:4,23 25:19 33:2 50:25 80:8,10 154:19 80:17 85:6 92:20 96:11,16 known 151:2 153:11 164:4 81:25 82:11 86:1 123:10,16 legal 123:19 48:19 74:25 75:5,9 129:7 kong legally 109:8 48:25 49:1 korean length 13:7 30:15 1 l.d. 89:10 lab 15:1 lack 113:6,22 lacquers 80:25 100:12,13 lady 145:3 lane 3:24 language 75:2 128:25 lap 117:14 large 31:19,21 43:24 109:5 larger 45:22 95:23 letter 48:5,13,24 51:3,25 56:24 71:3,20 110:8,11,13,16,18 111:22 114:13 162:20 166:8 letters 95:22 level 15:15 16:2 49:17,1950:15 106:23,24 levels 126:25 liberal 5:7,9 liberty 2:9 life 160:14 lift 141:9,9 light 105:24 110:8 143:17 light (cont.) longer (cont.) 144:21 49:12 107:25 161:18 limbo lonsberg 51:1 59:2 63:6 limit look 72:4 125:18 7:10 23:21 27:7 35:21 limited 38:1839:1740:10,11 42:17 124:13 125:16 147:12,13 45:18 59:4 71:15 72:20 line 79:25 80:7,16 85:2,5,21 22:12 24:25 27:17,23 28:10 89:2 92:4,13,15,20 93:7 44:15,16,17 47:8 53:23 105:19 108:19 109:5 80:24 104:15 117:9 156:17 119:23 121:19,23 123:22 156:21 168:10,13,16,19,22 126:3 130:11,18 133:12,14 169:2,5,8,11,14,17,20,23 looked 170:2,5,8,11,14,17,20,23 61:14 147:17 158:3 171:2,5,8,11,14 looking lines 21:1 37:9 38:15 56:23,25 25:15,17 80:23 121:21 137:11 138:21 list 158:8,17 57:5 93:6 109:5 155:24 looks 157:7,13,16 42:14 80:7 82:22,24 92:19 listed 96:11 122:1,4 127:2 135:25 85:6,9 136:1 listening loop 88:10 162:9 126:21,25 127:11,18 listing lose 86:4 156:3 30:9 literature losing 65:4 87:14 117:7 148:2 128:4 131:16 163:8 153:4 163:4 loss litigation 37:12 43:7 155:9 lot litsinger 105:16,21,22 152:16,19 11:15 lothar little 1:3 8:2 22:19 28:1 36:17 52:7 louder 52:21 109:20 117:1 148:1 22:24 162:10 louis live 7:10 11:6 14:23 18:17 4:4,7,9,12 32:24 34:5 59:14 60:11 lived low 4:1,10,13 12:2 49:17 145:14 living lower 4:3 37:10 80:9,17 locally lucas 159:4 1:21 167:24 168:3 located m 11:5 ma'am location's 155:13 156:11,14 157:2,5 159:6 long 157:11,14,25 158:9 159:9 159:16,20,22 160:6,15,17 4:1,7,12 6:18 10:4 12:8 13:9 19:20 22:1525:1,18 30:14 102:3 135:5 161:8,13 162:1,4,9,23 163:7,16,20 mae longer 28:20 30:7,8,19,23,24 49:9 43:9 67:6,7 70:20,22 85:3 96:4,19 99:8 120:1 123:2 Waych off HARTOLDMONOOQ4647 [mae - monsanto] mae (cont.) mariner meadow merits 128:2 132:8 136:3 137:14 21:21 50:2,11,12 3:24 141:14 138:25 140:12 144:4,10 mark mean mess maertin 8:13 26:2 42:1 58:19 66:17 20:8 29:23 38:23 47:6 49:1 86:23 1:3,3,4 70:7,10 74:6,11 79:16 89:8 52:23 53:6,17 60:9 63:20 message mailing 89:11 91:1595:7,9 119:18 64:22 94:18 99:13 102:15 97:5 93:6 157:7,13,16 129:19,23 135:8 105:16,23 109:12 112:12 metal main marked 112:20 133:10,20 143:23 140:20 107:14 8:16 26:5 42:8 47:21,24 143:25 144:19 150:9 mid maintain 58:22 66:20,25 67:25 70:17 means 7:20 19:20 25:1 161:20 70:23 74:12 79:18 82:18 144:22 middle maintained 89:13 92:1 95:13,14 104:9 meant 80:23 123:2 157:7 104:13 119:19 129:21,22 33:13 60:9 77:23 78:12 million major 130:1 135:13 136:18 137:6 108:7 112:16,24 113:1,4 45:21 46:2,9 5:13 30:23 37:11 market 123:18 127:7 139:24 141:6 mind majored 49:6 50:20 51:7,13,19 measures 41:19 87:20,23 100:18 5:9 53:25 54:4,13 56:5,21 64:21 111:22 113:11 163:25 majority 57:11,16,18 78:18 94:5,13 media mine 99:19 103:6 104:21 108:5 111:23 107:17 18:6,8 making 112:2 114:3 149:9 152:14 medical mineral 58:1 67:18 92:19 103:25 164:8 62:8,15,20,21 64:16 71:22 1:9 2:16 33:24 38:7 41:6 108:4 119:16 158:4 168:8 marketing 74:23 75:4,8 128:23,24 117:20 155:8,10 157:23 male 24:16 28:3 46:15,16,21 129:7 147:23 158:11,15,18,22 159:6,13 37:22 47:1 50:6,8,13,14 52:1 medication minor mall 107:2 6:21 5:11,14 15:9 25:14 marketplace meet minute man 11:20 52:22 53:1,6 104:1,3 12:1527:11 28:7,1440:12 6:3 15:19,19 73:22 107:6 markets meeting 89:16 143:1 148:24 129:4 155:21 109:8 27:25 28:2 56:14,19 minutes management marking meetings 28:17 29:1,16,20 30:3,6 49:13,16,17,19 52:6 47:6 17:8 29:7 55:3,12,15 57:10 148:13 manager massive melamine miscellaneous 16:1021:16,24 22:2,3 105:18 89:4 101:21,23 102:1 23:13 31:16 32:6 35:15 master's member mississippi 36:5,10,11,20 39:20 40:7 147:5,7 62:21 103:10 120:25 18:7 44:6 45:3 49:21 50:6,8,13 match memo missouri 50:15,16 52:1,1 62:3 63:10 142:13,19 143:17 59:9 71:3 104:25 4:11,12,13 11:6 32:24 64:9,11 70:3 81:23 83:13 material memoranda misunderstood 103:13 105:8 118:18,19,21 14:10 19:5 101:15 123:11 116:18 124:10 120:14 121:12,14 136:10 123:16,19 memorandum mixed 138:4 155:16 materials 59:1,1361:6,7,1070:9,16 86:24 101:11 125:6 managers 20:21 87:16,18 88:1 162:13 70:22 72:23 74:8 76:5,9,12 mixture 104:21 109:7 math 76:16 77:1 78:16 79:7 89:9 90:19 125:6 manual 5:10,14 90:5,11 91:3,6 104:21 mod 121:16 matt 108:2,20 109:18 116:9,12 7:19,24 8:5 manufacture 3:12 9:11 42:21 116:14,20 119:2 131:4 molding 17:2 47:7,9 matter 166:9,11,12,13,16,19 104:2 manufactured 3:16 30:13 35:7 73:16 memorialized molehill 32:2,12 39:18 40:7 148:19 76:19 83:7 84:1 133:9 118:25 58:2 manufacturing matthew memory moment 24:25 34:11 35:17 39:3,21 2:8 65:6 130:22 108:7 40:3 47:11 149:14,20 maximum mention monsanto 150:23 72:4,8,11,17 125:5 1:9 2:12 5:2 6:3 7:2,6,10,16 march maze mentioned 7:24 8:25 9:3 10:13,17 14:1 1:15 130:24 132:3 160:24 139:7,22,24 142:16 147:20 148:14 14:19 15:5 16:23 20:2 168:2 149:2 22:17 23:19 24:11 27:11 Waych off HARTOLDMONOOQ4648 [monsanto - okay] monsanto (cont.) name normally occur 28:4,24 29:11 31:3 32:11 3:7,12 7:25 8:1,6 25:8 21:10 120:18,19,21 34:3 75:17 33:2,18 36:6,14 37:12 38:7 34:13 36:17 37:21,21,23 norway occurred 41:7 44:14 46:22 49:5,14 48:16 49:22 50:4 55:4 56:9 4:17 28:2 75:14,18,19 50:25 51:19 52:6 54:2,11 57:1 69:2 92:9 93:6,15 notary occurs 54:16,18,24 55:4 56:8 102:13 103:5,6 117:20 171:23 126:25 57:25 58:15 62:18 64:15 118:2,14 119:10 129:3 note o'connor 70:15 71:22 74:20 77:11 146:3,6 155:7,22 161:17,20 3:14 2:179:11,14,1622:18,25 78:17 79:22 81:16,25 82:25 163:4 noted 38:10 67:15,20,22 75:20 87:1491:1 92:13,15,18,21 names 168:4,4 89:19 104:15,17 115:13 92:24 94:4 96:12,17 102:4 37:24 45:8 49:23 50:7 notes 117:10,17 118:13 122:3 102:20 108:23 109:14 nation 72:13 143:1 145:11,15,20 155:3,6,8 111:8 113:1 116:15 117:9 96:25 notice 161:1 163:11,12,21 165:7 118:6,9,24 120:14,17 nationwide 8:19 166:5 offered 128:20 130:25 134:24 24:4 notified 83:9 135:7,9,16 136:11 137:8 navy 94:8 offering 148:3,5,9,19 149:8,13,19 14:3,15,21 november 49:9,12 149:25 150:2,5,6,14,17,22 near 22:17 50:25 136:11 150:3 office 151:2,6,10,19 152:2,6,12 52:15 164:3 11:729:3 36:15 152:20 153:11,11 155:11 necessarily number offices 155:15,17,25 156:6,7,9,16 16:5 45:9,10,13 58:20 86:15,16 2:431:1 119:14 146:7 157:7 158:4,8,14,18,24 necessary 95:8 96:18 131:7 official 159:19 160:9 162:8,15,15 171:17 o 54:11 168:6 163:1,4,13,14,15,17,18 164:4,5 166:21,22 monsanto's 11:7 13:1822:11 42:14 need 20:15 86:15 129:20 133:10 needed 8:5 52:13 114:20 124:23 o.c.g.a. 16713 05932 144:4 oh 13:16 17:22 62:25 68:13 86:12 104:17 okay 96:22 119:14 120:25 154:2 needs 059467 3:22 4:17 5:15 6:6,25 9:14 154:20 161:11 month 18:22 73:5 months 3:20 111:21 35:1790:1 117:11 negative 77:11,1279:10 152:19 neighborhood 46:1 136:3 object 21:5 34:18 35:8 38:9,10 46:23 51:20 54:19 61:18 63:17 68:5 82:1 83:21 84:6 9:16 12:8,22 13:9,16,20 15:14,21 16:1,7 18:9,23 19:17 20:24 21:13 22:3 23:11 26:2,23 27:3,7 31:5 32:10 37:18 39:19 40:13 morning new 84:9,11 87:19 88:3 94:14 41:18 42:23 45:20 49:18 67:16 morris 2:9 1:1 2:5,14,19 3:17,18 18:12 30:10 47:8 62:25 63:5 71:21 73:6 74:9 76:7 77:14 977 103 17 10719 10825 109:15 112:13,22 113:13 114:11 115:23 135:1 50:1,18 51:16 52:7 55:11 56:13 57:3 60:21 62:17,23 63:7 66:4,16,16 67:2,8,14 moskowitz 112:10 123:9 152:16 143:10 151:23 67:17,20,25 69:10 70:6,6 2:18 mountain 58:2 mouth 38:22,24 newark 2:14,14,19 newer 69:9 newspapers objection 39:8 42:20 77:25 88:5,8 115:12,13 143:12 146:18 149:5,22 objections 70:14 77:21 78:24 80:16,18 80:19 81:23 82:13,16 83:6 85:1,21 86:10,15 88:9 89:7 89:21 90:3,17 91:5,24 92:7 93:3,9,18 94:23 95:20 move 22:21 117:11 133:22 moved 25:24,25 53:2 nitrocellulose 14:881:1 nobody's 115:18 objectives 44:17 93:18 nhQnlpfp 97:10 99:24 100:18 101:8 102:4 103:5 104:17,23 105:13 106:15 107:1,8,14 108:2,19 109:10 111:3,20 mt 106:5 2:5 nod multiplicity 6:11 139:3____________________ nods nader 77:15 nairn 60:17,19 n 85:20 non 65:12 nonoxidizing 29:14 68:23 69:7,8 obtain 3221 obtained 40:5 obviously 120:6 153:11 occasionally 36:19 112:7 113:5 118:23 119:10 119:18 120:9 121:2,19,23 122:12,18,23,25 123:5,6 124:9,17 126:2,5,23 127:10 127:21 128:5,11,12,17,19 128:20 129:18 130:7,18 131:17,20 132:7,18 133:7 133:23 134:9 135:6 136:16 137:13,23 138:9,16,18 Waych off HARTOLDMONOOQ4649 [okay - placed] okay (cont.) P party periodical 140:6,13,14,17,22,23 p.m. 167:14,19,21 76:14 141:17,18,25 142:8,12,19 164:15 passed person 142:24 144:1 145:7,20,22 page 23:20 59:18 138:7 38:3 51:4 56:9 93:17 146:3,6,23 147:10,16,23 43:9 57:4 69:11 79:23 80:8 paton 120:18,21,22 121:7 129:6 148:1,13,18,23 149:1,12,17 80:9,20 84:1 85:3,13 86:3 23:14 36:23 52:12 53:4,16 161:3 150:1 151:1,8,17 152:8,11 91:5,5 96:18,19 99:8,13,23 58:6,7 65:5,9 74:9,10 76:7 personal 153:3,10,19 154:14,14,19 100:1 115:3 120:1 121:24 76:22 78:8,10 79:6 97:15 25:17 104:20 154:24 155:4,14,18,24 122:17,17 123:1 124:17,18 97:18,20,22,23 107:6 personally 156:3,8,12,15,19 157:3,6 126:3,7 127:25 128:1,3,7 108:15 112:1 113:12,23 87:25,25 147:10,17 157:12,15,19,19 158:1,7,10 130:19 132:8,9,11 138:25 115:3 116:9,12 131:15,18 perspective 158:16,21 159:1,3,5,10 140:14 141:8,24 142:12 134:15,16 45:15 160:2,7,12,21 161:5,14,19 165:3 166:3 167:16,18 paton's pertain 162:2,5,11,11,18,22,24 168:10,13,16,19,22 169:2,5 114:12 116:19 131:4 156:24 163:5,21 164:10,12 169:8,11,14,17,20,23 170:2 paul peter old 170:5,8,11,14,17,20,23 68:25 69:3 16:18 130:16 171:2,5,8,11,14 pay phase omission pages 16:3,4,5 78:18,18 77:3 80:12,14 167:7 171:17 pcb phased once paint 40:25 42:6 54:25 77:1 54:8 5:20 38:16,19 41:16 125:17 8:11,1260:4,6,11 100:16 96:24 97:12 108:5 110:23 phasing ones 100:24,25 101:1,2 113:3 150:6,15,17,23 151:6 94:4,7 5:4 52:3 154:5 painted 151:11 152:3,13 153:14 Philadelphia open 8:11 154:2,10,21,21 164:7 2:10 127:13 149:15 150:6,9,9,15 paints pcbs phone opinion 100:6,11,14 52:14 53:1,3 54:17 76:21 22:21 51:5 117:12 145:4,8 57:14,17,19,21,25 58:4 panels 96:14 98:8 107:18 110:8 145:19 163:9 opinionated 101:15 112:11 146:10,12,15 phosphate 77:2 paper 147:11,18,20 149:15,21 8:1,8 19:11 68:19 130:16 opposed 140:21 152:17,25 153:5,22 154:3 148:21 149:1,9 30:7 37:2 51:25 109:13 paragraph 154:14 phr order 27:7,8 35:21 40:10,14,22 pending 85:17,17 86:19 47:11 124:7 161:19 163:14 76:25 80:20 90:6 91:7 3:166:18 phrase 163:15 93:19 97:11 104:24 123:3,6 Pennsylvania 108:8 orem 139:1,4 2:10 35:25 36:1 phthalate 23:15 119:20 pardon people 12:1 organic 48:23 11:13 21:18 22:5 36:22,23 physical 10:19 12:9 13:18 15:17,23 parenthetical 37:8 40:1 41:9 49:18,24 115:5 123:8 28:4 31:10 49:13 68:21 112:18 63:21 64:19 65:1 70:4 71:5 picture 91:16 130:13,15 part 73:6 76:22 80:4 108:22 45:1 original 24:19 28:20 35:16 39:19 109:13 116:19 156:1 pictures 166:24,24 167:15 44:25 46:14 49:15 55:20 pepsi 137:12 os ha 62:2,13 82:24 95:23 102:24 59:16 piece 63:23 114:18 129:23 135:15 percent 104:2 127:12 outdoors 136:7 138:14 146:25 160:3 100:1 101:9,24 126:9,20 pimples 59:20 160:4 161:15 162:3 168:6 127:16 61:14 outside participate performance pitch 6:25 132:18 162:13 57:9 58:14,16 97:14 83:8 140:15 142:7 29:15 oven particular performed Pi 59:19,20 68:8 89:24 122:9 139:9 123:10,13,15,19 96:23 104:22 113:6,22 overall particularly performing 130:9 131:11 166:20 99:6 39:22 144:15 16:20 place overseas parties period 2:9 28:9 55:3 117:20 145:7 19:23 20:2 167:10,11,16 12:17 30:1 51:1 54:6 placed parts 105:17 118:22 149:4 122:15 130:8 134:6,12,20 90:12,12 104:3,4 151:18 153:4,10,20,25 Waych off HARTOLDMON0004650 [plaintiffs - promising] plaintiffs please (cont.) president produced (cont.) 2:2 146:8 153:23 168:9 171:17 24:17 121:20 122:9 123:25 124:7 plan point press 130:12,14,23 135:24 44:9,14,22 46:14,16 47:15 89:24 123:24 149:12,18 23:14 36:23 89:10 91:12 product 110:9 115:4 polyesters pressure 7:18,24 8:10,10 10:25 11:1 planned 89:3 109:24 11:3,22,24 14:6 15:6,7 93:23 polyethylene pretty 21:16 22:2,3 23:12 24:25 planning 10:10 111:12 152:17 27:21 31:16 32:6,17,23 47:7 94:1 polyvinyl prevent 35:15 36:5,10,11 37:5,6 plans 85:24 101:11 124:12 6:22 39:1,20 40:6,25 44:6,15,16 46:1847:3 91:7 147:14,22 prevented 44:17 45:3,15 47:8,13 plant popular 77:4,7 50:16 62:3,7 63:10 64:9,10 14:25 35:25 39:3,17 40:3 76:14 previously 70:3 72:9 73:17 81:23 139:20 159:8 portray 110:15 119:19 83:13 87:10 94:24 95:5 plants 97:5 price 96:25 100:21 103:13 105:8 39:5,12 poses 56:25 57:5 111:9 114:6 117:9 120:14 plant's 110:24 primarily 121:8,12,14 136:10 138:4 159:5 position 19:1041:564:1665:13,17 151:11 155:16 156:17,21 plastic 22:15,16 24:1,7 25:2 50:16 119:9 161:10,11,16,18,21 162:15 21:12 83:13 114:2 118:20 155:19 primary 162:17 163:14 plasticizer possibilities 20:20 86:25 124:15,24,25 production 11:19,25 16:9 18:16 19:19 139:8,22,25 125:19,25 126:11 121:15 122:20 139:13 20:20 21:4 22:11 36:6 45:1 possibility print 167:19 46:1047:1261:2 81:12 151:20 152:1 92:21 104:24 105:2,11,14 products 82:5 85:9 86:24,25 96:15 possible 106:3,4,7 107:5 110:1 14:5 16:23 18:23 22:9,11 96:22 102:5,10,13,19,24 35:17 95:5 124:1,2 printed 24:22,24 27:18 28:6,10,18 124:16,24 125:7,14,19,21 possibly 83:2 106:6 28:21 29:9,9,15,17 31:22 125:25 126:8,12,21 127:15 78:17 94:24 101:20 152:12 printing 32:1,14 33:5,7,10,14,18 136:10 138:17,19,22 potential 59:18 35:19 37:16 39:23 42:7 139:14 140:7,15 141:1,4,11 147:17 152:25 153:5,21 prior 44:9 46:2,5 49:5 51:6,11 141:13 142:21 143:20 potentially 4:3,9,10 54:6 136:13 150:5 52:16 53:14 54:4,7 57:9 147:21 148:7,10 154:10 153:16 158:3,4 164:3 60:3 63:16 64:13 69:21 plasticizers pounds privileged 79:22 81:9,14,20,20 82:8 12:21 13:19 15:24,25 18:25 38:16,1941:14,16,21 43:14 26:21 97:13 99:20 103:14 108:5 19:7 20:5,14,14,22 21:16 43:18,25 45:4,21,23,24 privy 110:19 111:4,15,16 113:19 21:24 36:5 44:15 45:16 46:2,9 86:21,22 104:5 56:13,18,22 114:3,4,10,19,22 118:7 46:12 50:7,13 62:5 63:5 practical probably 135:10,16 143:5 149:14,20 65:12 80:6,25 83:1,9,20 153:18 48:14,19 57:20 66:7 83:16 150:6,15,17,24 151:6,21 86:5 119:21 124:11,15 precautionary 98:12 106:20,24 107:6 152:3,4,13 153:13,14,16 125:15 130:9 137:8 138:15 64:21 122:10 129:2 154:2,10 155:25 156:24 139:2 143:4,8,9,16,17 prefer problem 158:13 163:18 164:7 144:13 147:14 148:19 105:5 19:16 52:15 53:17 73:5,22 166:14 149:1,9 157:2,4 166:15,22 prepared 102:21,23 105:25 109:19 program plastisol 44:23 48:17 113:3 153:15 34:1635:6 111:18,19 preparing problems programs 154:15 129:16 17:17,19 19:14 52:19 84:25 110:23,25 plastisols present 110:19,23 prohibited 34:25 65:22 66:11 17:18,18 142:10,11 146:24 procedure 74:4 played 161:25 75:15 168:6 project 102:19 presentation process 11:14 12:18,24,25 13:1,10 plaza 27:12 28:7,14,21 30:3 54:11 74:20,25 94:4,6,11 13:20,23 14:17,22 15:3,8 1:18,24 presentations 98:17,19 108:4 134:11 16:12 please 28:12 30:25 31:7 produce projects 3:7 20:16 22:22 34:20 presented 8:19 11:21 15:9 21:24 35:22 56:17 74:11 89:12 31:11 produced promising 117:12,17 145:9 149:16 43:6 95:19 96:25 120:13 112:9 Waych off HARTOLDMONOOQ4651 [promote - recess] promote pulling question (cont.) read (cont.) 117:8 49:5 114:23 115:17,19,24 120:4 168:13,16,19,22 169:2,5,8 promoting punk 121:13 126:16,18 135:7 169:11,14,17,20,23 170:2,5 14:9 112:11 114:17 144:21 145:11 148:4 149:16,17 170:8,11,14,17,20,23 171:2 promotion punking 153:23 162:10,10 163:24 171:5,8,11,14 23:21,23 143:23 144:16,20 questions readily prone purchase 4:16 6:5,14,23 27:6 74:16 149:2 6:11 41:5 45:4 158:22 159:14 85:4 98:19 122:24 135:4 reading pronouncing 163:18 145:5 147:1 154:25 163:22 61:7 80:2 91:3 109:17 59:24 purchased 167:5 168:2 112:25 126:13,16 132:22 propel 33:23 40:19 42:19 43:16 quickly 141:16 14:7 44:3 45:11 46:1,5 157:22 6:13 ready propellant 158:2 159:12 quite 145:22,23 14:2,11 15:2 purchases 12:1 real propellants 36:6 93:20 quote 25:7 14:25 purchasing 77:1,5,13 realize properties 29:13 37:20 38:2,7 41:2,10 quoting 34:24 29:1569:11,15 115:5 123:8 73:17 40:19 realized 123:22 141:12,19,21 purports r 105:20 106:10 proposed 40:24 proposition 48:4 58:25 purpose 28:23,24 36:4 r.e. 76'6 rarhpl really 44:4 45:12 46:7 47:17 51:8 51:8 54:1,21,22 55:14 69:19 propounded 168:2 protective purposes 68:3 100:20 148:10 pursuant 167:13 168:5 77:13,16,22 raditz 2:3 55:8 66:22,24 67:2,8,18 67:21 70:11,14 75:22 78:21 67:21,22 117:5 131:24 155:20 reason 6:18 23:18 24:6 30:6 35:3 140:16,25 141:5 put 78:24 84:7,12 88:5 89:20 35:13 43:19 61:25 73:24 provide 14:1433:1945:1448:14,15 96:2,6 104:16 114:24 128:4 74:3 83:14 88:2 107:15,24 162:6,13 80:3 81:15 106:9 107:17 128:9,11,13 131:16,20 108:20 109:21 152:20 provided 163:18 115:17 120:16,22 121:3 129:20 134:15 141:1,4 133:1,7 137:16,23 143:12 145:7,13,22 146:2,7,23 168:12,15,18,21,24 169:3,6 169:9,12,15,18,21,24 170:3 providing putting 149:8 150:1 151:17,24 170:6,9,12,15,18,21,24 18:24 162:16 14:11 48:1271:9 154:24 155:4 163:23 164:2 171:3,6,9,12,15 public pvc 164:10,13 165:6,8 reasons 171:23 publication 11:19 12:5,7 17:22 20:14 20:21,23 21:1065:12,13 raised 53 20 95 22 34:14 93:19 168:8 reassignment 80:1 81:24 85:2 86:1,22 87:1 124:16 126:21 raises 13:1 publications 127:12 142:5,9,13 16:3,4,5 recall 148:5 pvcs ralph 15:10 16:14 20:9 38:5 45:6 publicity 65:16,17,21 66:11 86:20 52:14,18 53:19,20,23 54:16 124:12 125:3,24 126:12 77:15 rapidly 45:8,13 46:7,17 49:22 54:21 55:2,4,15 57:13 59:9 54:18 57:22 58:11 77:9,11 pydrauls 147 59:9 61:8 72:15 75:19 77:1278:1379:11 107:17 42:15 rash 76:17,18 97:25 98:4,12 152:16,19,19,22 q 61:23 99:4,17 111:16 116:7,13,16 publish qualification raw 117:5,18 118:2,5 119:5 112:10 129:13 14:10 121:16,18 122:21 132:15 published quality react 132:22 134:21 135:22 138:15 83:1 148:15,20 166:15 54:18 154:5,8,13 156:5,7 puffery quantity read receive 84:22 pull 40:20 41:13,20 42:19 43:18 43:24 44:3 45:11,17 46:4 34:1,21,23 35:22,23 40:14 47:20 48:7 55:10 73:3 157:1 167:14 received 29:25 51:19 106:3 112:2 question 76:15 77:18,19 78:14 84:16 23:23 24:7 26:13 pulled 6:16,18 21:6 34:20,21 35:3 84:19 88:13,15 90:1,4,11 receptive 50:20 51:12 94:25 111:23 35:8 38:12 46:24 53:12 91:9 97:1,2,6 114:24 115:1 113:20 114:3 62:17 82:6 84:3,13,13,17 88:4,10,17 89:7 90:4 94:15 120:7 123:12 124:21 133:12 136:21 168:1,6,10 recess 23:3 55:7 104:11 143:2 Waych off HARTOLDMONOOQ4652 [recipient - right] recipient referring (cont.) rephrase resistant 31:6 108:21 144:17 113:14 143:21 recipients refers replace respect 108:20 109:5,12 90:7 37:11 104:4 154:9 recognize reflected replacement responded 47:25 48:2 59:8 80:1 93:1 158:10 51:11 52:16 111:9,14 73:23 120:10 130:3,6 131:23 refresh 113:19 114:4,6 115:22 response 138:9 42:18 130:22 116:5 131:3,7 132:6 153:13 74:23 75:2 114:25 116:19 recollection regard 153:15 responses 36:1 42:18 43:15 51:23 46:22 replacements 6:10 59:1280:1393:1299:10,11 regarding 52:4,13 58:18 responsibilities 102:18 116:1,3 122:19 44:12 51:5 58:10 59:1 reply 10:7 13:23 18:1 21:14,25 recommendation 62:10 63:8 76:7 89:8 116:8 44:7,8,12 73:15 107:18 154:9 163:2 report responsibility recommendations regardless 16:11 91:16 92:8,13,16 22:4 121:3 160:1 72:3 156:16,21 160:8 93:2,11 97:23 99:6 166:17 responsible recommended region reported 22:9 72:9 18:11,12,12,13,13 16:13 63:6,6 93:14 167:4 responsive record regularly reporter 6:23 3:7 8:18 20:17 23:5,10 81:15 6:9 34:1,23 47:20 55:10 result 33:13,25 34:1,23 41:25 relating 84:19 88:15 115:1 167:24 167:12 42:10,14 43:5 47:19,20 74:16 110:19,20 reporting results 55:6,10 57:3 58:8 67:24 relation 1:23 21:17 93:13 98:2,5,10 99:10,14 73:3 76:4 79:20,23 81:13 31:18 51:18 52:9 53:8 54:5 reports retail 82:21,23 84:18,19 88:14,15 79:10 22:8 25:13 109:8 100:18 115:1,18 116:22 relations represent retardant 119:25 129:20,24 130:7 37:6 3:13 146:8 155:8 167:7 135:9 143:5,20,21 148:16 133:10 136:17 137:14 relevant representative 148:20 144:2 159:11 160:25 32:9 161:6 retired records remember representing 25:19 40:17 42:21 158:3,7,8 4:11 5:4 11:10,13 13:3 3:15 retirement recross 16:15 17:20,24 25:8 28:1 request 25:21 164:1 165:8 31:5 33:1 35:24 37:21,22 26:13 59:5 69:12 96:20 returned reduced 37:24 38:14,14 44:5 46:6 required 98:16 167:5 48:12 51:8,17 54:23 55:12 75:6 review reducing 55:19,21,23,24 56:3,9 59:7 requirements 8:14,24 22:7 26:3,8 40:17 144:15 61:4,7,9 65:1 66:6,8 69:4,6 104:1 139:4 72:13 82:4 89:16 92:4 refer 71:7,12 72:16 75:12 79:2 research 95:11 119:22 132:10 137:3 119:19 139:19 140:9 81:18,19 82:13 92:11 93:3 10:3,8 11:24 15:1,2 111:7 159:11 reference 93:10,14 97:20 99:3,5,18 114:21 147:11 154:20 reviewed 60:16 62:23 80:5 115:6 102:10 116:4,11,17 118:16 researched 27:8 128:15 131:22 140:9 144:10 150:10 119:10 120:15 132:13 147:17 reviewing referenced 134:22 135:18,20 136:9 researcher 89:22 135:23 61:5,5 137:9 141:15 147:13 15:18 revised references 157:24 researching 105:16 106:11,14 110:2,4,8 115:21 removal 11:18 131:12 referred 56:5 resigned revision 55:12 76:16 79:6 81:5 removed 22:16 23:19 131:14,14,18 85:13 131:4,4,15,18 132:3 115:8,21,22 resin revisions 139:17 repeat 85:18,19 88:19 125:3 122:20 referring 6:1634:1984:15 117:15,15 141:22 142:4,22 richard 28:1349:19 59:10,12 60:6 149:16 153:23 resins 76:5 60:10,20 77:7,21 78:7 81:6 repercussions 8:2 65:14,18 80:25 85:5 right 81:8 83:25 90:10 91:11 53:11 77:4,8 79:9 89:1,4,6 1:4 9:15 15:22 23:2 32:18 93:22 108:15,18 110:11,25 repetitive resistance 40:20 59:25 60:13,18 66:4 113:24 122:14 128:6 136:2 147:1 69:15 80:20 83:3 84:14 85:15 Waych off HARTOLDMONOOQ4653 [right - sir] right (cont.) 91:21 93:8 96:1 106:12 113:6 121:25 123:14 126:10 127:14 128:10,16 136:22 142:15 145:10 150:13 161:1 road 18:19,21 robert 36:15 rocket 14:7,12 role 64:10 room 59:21 roughly 12:14 13:14,14 routine 29:8 rubber 137:13 rubberized 65:18 rule 168:5 rules 6:8 168:5 run 17:9 127:16 134:19 s safe 26:19 64:12 81:23 82:7 127:24 132:11 133:4 sale 11410 SBl6S 13:18 16:13 18:4 19:22 21:23 24:3,4 29:8 40:17 41:8 42:6,15 48:23 52:1 53:7,13,23 54:2,3 79:13 94:10,18,20,23 95:3 96:14 107:1 109:7 113:8,23,24 118:17,21 158:12 166:7 QalpQman 8:5 17:6,7,10 28:25 31:7 93:22 94:2 119:17 salesman's 84:22 102:14 16:22 22:6 27:11 28:5,18 29:21,21 30:2,21 36:14 39:25 63:4 94:10 98:19,20 113:16 114:9 sample 28:5 santicizer second (cont.) service (cont.) 10:25 11:18 12:4 15:6 157:19 161:2 21:1822:547:11 19:11 31:23 37:11,13 45:21 secondary serviced 104:4 111:4 142:5 20:13,14,22 21:4 86:24 159:7 santicizers 124:14 125:15,21 serviceman 138:13 secret 16:6 saturated 7:14 91:8,10 servicemen 63:21 64:3 secrets 16:18 saw 6:2,2 services 11:23 32:23 34:9 38:18 section 18:25 20:4 39:13 42:22 69:7 96:10 136:25 set 119:15 132:16 156:3 158:5 seeing 17:14 116:25 160:14 163:3,5 32:14 34:469:4,6 81:18,19 severe saying 99:3,4,5,10 116:17 119:5 127:1,3 28:8 29:20 30:10 73:6,8 132:13 135:20,22 137:9,12 shake 93:23 106:15 108:17 156:5,7 6:11 109:18 113:22 123:20,20 seek share 127:15 140:2 141:16 129:15 57:25 109:12 says seeking sharp 68:6,21,22 71:25 79:22 51:11 127:12 80:8,21,24 83:12 85:16 seen sheet 89:2 90:11,24 92:21 93:18 8:22 43:1,2 63:21 68:12 32:13 56:25 96:14 97:9,11 100:4 101:8 77:2 99:14 156:4 159:21 short 104:23 108:12 110:7 160:7,9,19 30:21 36:17 112:17 113:9 115:3 122:1,5 select shorter 123:7 124:21 126:9,19 139:8 30:7,19 131:10 137:7 140:15,20 selection show 141:9,11,18 142:3 144:14 139:2 70:1 110:12 scale sell showed 31:20 94:1 95:4 28:6 110:16 schalk selling showing 23:25 24:1 49:25 50:6 25:15 93:24,24 96:17 137:12 52:11 58:5 118:11,15,17 161:16 shown 119:8 send 31:9 38:16 162:24 scheme 106:14,17 110:10 side 14:9 seniority 29:11 88:10 school 15:12 signal 4:17 sense 24:13,17,19,19,20 25:3,4 science 14:15 50:24 76:14 sensing signature scientific 52:17 48:2,10,11 51:25 56:24 152:16 sensitivity 57:5 scientist 5:3 signed 76:8 77:14 sent 26:11 48:16 155:17 scientists 110:9 164:6 significance 112:10 113:2 sentence 86:19 141:22 scores 110:6 113:6 115:3 123:7 significant 123:9 separate 141:20 scuttlebutt 24:20 silent 53:7,20 September 77:17 sealant 48:4 50:22 51:3 54:6 56:24 sincerely 100:20,22 57:7 110:17 111:22 113:1 second series sincerity 12:16 43:8 57:4 76:25 80:8 93:5 112:19,20 80:20 91:7 97:11 118:13 service sir 121:24 123:7 138:2,25 12:12,20 15:25 18:3 19:14 3:12,22 4:1,14 7:3 8:13,23 Waych off HARTOLDMONOOQ4654 [sir - stocked] sir (cont.) situations sound stamped 9:1,10,19 10:15 12:8 18:18 75:7 101:14 102:17 85:3 128:2 138:25 22:1423:4,17,1824:8,10 skin sounds stamps 25:23 26:2,8,10 27:8,14,16 140:1,3,5 73:4 141:17 79:24 136:1,3 27:19,22,24 28:19,22 30:4 skip source stand 30:16 31:2,4,15,17 33:1,4,8 115:2 139:2 158:13 85:17 34:2,7 35:20 37:17 38:1,5 skipped spank standard 38:21 39:4,12,18,22 40:4,9 112:18 16:19 18:3 167:15,17 41:11,24 42:11,1743:4,11 slain spattering standpoint 43:12,22,23 44:4,6 45:7,12 5:23 30:10 112:8 46:3,7,13 47:23 48:6,16 slight speak start 50:3 51:8,15 53:11,15 54:9 118:8 6:13 37:15 38:3 128:5 32:6 52:17 79:1 54:22 55:14,19,22,25 56:3 slightest 157:3 started 56:6 57:12 58:1,9,24 59:8 38:21 73:21 99:2 102:2 special 10:15 12:16 19:20 105:15 60:2261:1,3,8 62:12,15 small 12:18,24,25 13:1,10,20 105:18,19 63:13 64:25 65:8 66:6,8,15 30:20 31:18 33:23 40:20 specific starts 70:25 71:7,10,14 72:2,6,10 41:13,20,23 42:19 43:18 24:18 27:20 30:5 31:11 72:22 72:12,19,21 73:23 74:2 44:25 117:1 126:1 157:22 40:3 47:7 55:15 59:9 65:6 state 75:11,16 76:1,10,11,17,24 158:2,6 159:12 75:9,13,19 83:20 85:9 3:6 27:10 33:17 40:18,22 77:12 78:20 79:8,12,15,25 smith 108:22,22 111:2 120:3 56:17 167:1 80:2,15,22 81:12,17,19,22 26:18 129:1,2 136:24 stated 82:12,15,21 85:8,21,23,25 smythe specifically 52:25 167:4 86:2,6,9,9,18 87:5,8,23 11:16 17:1331:5 34:1543:10 statement 89:1690:10,17 91:12,14 social 44:20 108:18 111:16 69:14,17,18 83:17 84:1 92:22 94:17 95:6 96:17 7:11 132:21 141:11 97:3 109:11 113:12,16,18 97:10,19,22 98:1,5,9,13,22 soda specification 127:23 128:21 129:9,16 98:24 99:2,11 100:4 101:4 59:15,16 83:8 132:10 133:24 134:6,12,25 101:7,19,23 102:4,6,11 sold speculate 168:8 103:1,8,11,19 104:23 105:3 29:9 45:17 158:6,11 115:10,15,20,25 statements 105:12 106:18 107:13 sole speed 132:13,17,22,24,24 133:3,5 108:1,18 110:5,21 111:6,10 28:23,24 158:25 133:13,14 111:20 112:3,6 113:4,11 solid spell states 114:5 115:2,7,9 116:3,7,10 14:2 15:2 3:9 1:1 3:17 20:1 43:13 76:25 116:13,16,21,23 119:5,12 solution spirits 77:13 83:7,11 86:16 96:18 120:11,15 121:18 122:7,22 102:23 1:9 2:16 33:24 38:7 41:6 96:22 100:1 104:22 109:9 123:17 125:1 127:6,9,20 solutions 117:21 155:8,11 157:23 126:24 139:6 129:17 130:18,21,24 131:2 109:19 153:18,18 158:11,15,18,22 159:6,13 stationed 131:21 132:7,22,23 133:25 solve sponsored 18:16 134:8,14,18,21 135:3,17,19 19:15 84:24 110:23 113:2 4:24,25 5:2 status 135:19 136:8,15 138:8 somebody spring 16:2 139:5,11,15,23 140:6 141:7 36:16 48:15 92:9 77:17 stay 142:11,18,23 143:3,22 someplace springgate 20:23 47:10 146:11 147:4,9,13,19,22 9:5 39:17 52:12 56:11 58:5 stayed 148:8,12,17,21 149:11,25 soon square 25:3 150:4,12 151:4,7,13 152:10 51:12 104:6 steps 153:2,9,24 154:7,13,23 sorry st 41:8 58:10 sit 23:9 33:21 60:2 71:18 7:10 11:6 14:23 18:17 stickiness 29:12 103:10 127:13 74:15 84:7 91:22 92:14 32:24 34:5 59:14 60:11 127:9 150:13 100:7 104:17 118:12 stadium sticky sitting 123:14 128:4 133:1,2 136:2 8:12 20:25 21:12 86:22 99:16,17 145:17 150:22 144:10 146:4 151:14 163:8 stage stimulate situation sort 94:17 124:7 45:22 63:14 71:9 75:13 11:25 51:1 90:13 98:23 stamp stipulate 83:18 84:4 103:15 110:24 118:23 129:13 157:6 43:9 67:6,7 70:20 71:2 133:21 119:1 sought 119:25 123:2 128:8 130:19 stocked 109:22 132:8 140:11 159:4 Waych off HARTOLDMONOOQ4655 [stop - tested] stop 6:14 126:23 stopped 50:21 107:16 150:22 store 25:14 32:15 34:5 39:14 162:17 stored 99:1 story 11:7 strategies 44:17 strength 104:1,5 142:3 strictly 7:11 struggling 67:21 studies 58:11,15,16 153:3,7 study 54:16 subject 76:18 submitted 14:21 22:8 subscribed 77:14,22 171:21 subsequent 40:6 substance 26:25 168:7 substances 37:7 87:6 substitutes 111:1,3 substratum 100:10 subsurface 100:15,16 suggest 123:9 148:6 suggestion 68:14 suggestions 58:17 suitable 123:23 suite 2:5 sullivan 36:19 summary 42:6 90:7 99:5 166:7 sundry t technical (cont.) 4:19 table 36:10 37:5 41:9 64:10 65:3 supervise 85:2,3 89:2 125:3,11,23 67:4 70:1 72:3 82:25 84:22 22:4 140:7 87:13,24 88:21 97:4 105:16 supervised taken 107:10,24 109:22 115:8,22 23:12 76:23 5:18,22 23:3 55:7 104:11 116:5 117:6,22 119:21 supervising 143:2 168:2 120:13,16 121:3,15,17 23:16,17 36:22 40:1 talk 122:13,15,19 123:24,25 supervisor 22:24 29:9 44:21 80:4 128:7 130:8 132:25 133:5 11:9 14:16 16:8 21:19,21 88:11 133:25 134:1,7,13 137:7 52:10,11 134:17,18 talked 156:9,9,12,15,20,23 157:1 supplemental 127:22 131:8 148:1 157:4,8 161:24 162:7,14 171:17 talking 166:20 supplied 16:3 19:9,10 35:5 77:10 technician 98:2 117:22 78:21 124:3 62:4 supply talks technicians 53:8 114:19 71:23 76:13 91:7 40:2 support tapes telephone 36:10 112:9 113:11,15 101:16,16 2:3,18 27:5 55:9 supposed taylor telephonic 30:14 140:4 162:12 2:8 3:5,12 8:18 9:13,15,19 1:11 supposedly 20:1821:723:1,4,11 26:7 tell 6:3 26:22,24 32:5,10 34:2,21 10:16,23 18:9 21:14,25 sure 35:2,9,15 38:17 39:13 42:1 27:25 34:7 38:25 52:7,21 22:23 27:4 28:2 31:8 45:6 42:11,23 43:2 47:5,16,23 58:3 60:8 62:16 88:24 91:9 46:10 47:3 48:24 68:17,18 50:14 51:24 54:23 55:11 92:17 95:25 102:15 117:3 77:3,10 83:24 84:12,21,23 58:9,19,24 62:2 64:6 66:16 127:7,10 130:12 132:12 98:4 103:11,12 106:21 66:23 67:1,3,25 68:10,13 133:11 135:23 137:21 117:6 119:4 122:21 128:14 68:17 69:1 70:6,13,15,19 138:23 128:22 130:21 143:14 70:25 71:18 72:2 73:14 telling 144:9 74:6,14 75:23 76:1 78:9,25 19:14 110:3 114:9 surface 79:16,20 81:4,14 82:6,16 temperature 100:2,5,17,19,23 101:3,5,6 82:20 83:3,25 84:9,16 85:1 12:2 72:4,8,17 150:10 87:20 88:7,12,24 89:15,21 temperatures survey 89:25 90:3,6 91:18,22 92:3 59:19 14:2 97:12,14,17,24 98:3,5 94:18 95:7,18,21 96:1,7 temporarily 98:7 99:7,15,19,22,25 97:10 102:12 103:20 104:7 90:25 suspect 104:12,18 107:23 108:11 ten 56:11 128:23 109:4,21 112:17,25 113:14 41:22 suspended 113:15 114:14,18 115:2,16 tensile 90:14 115:19 116:4,23 117:25 104:1,5 142:3 swear 118:16 120:5,6 122:4,6 tenure 107:7 157:17 123:14,15 124:5,9 125:12 45:3 70:2 105:7 120:13 switch 125:22 126:15,23 128:1,5 term 16:9 128:10,12,14,15 129:18,22 20:19 138:17 139:16 sworn 130:3,7,10 131:17,22 143:23 144:20 3:2 171:21 132:16,20,23 133:2,13,19 termed synopsis 133:22,24 134:5 135:6,15 144:16 99:6 136:22 137:1,2,20 138:1 terms system 140:22,24 142:24 143:3,19 119:6 147:2 90:15 139:9 144:3,6,8,12,23 145:2 territory systems 146:18,20 149:5 165:5 17:11 18:10 95:4 technical test 5:5,6 12:12,20 13:18 15:25 126:22 127:1,4,11,17 16:6,18,22 18:2,5,25 19:13 tested 19:22 20:4 21:18 22:5 12:5 Waych off HARTOLDMONOOQ4656 [testified - uses] testified tiles trade u 3:3 38:1942:21 151:18 32:19,20 33:7,14 34:4,11 6:2 7:13 u.k. testify 34:17 39:3,7,14,21 40:3,8 trailing 110:10 132:15 87:4,7,11 146:13,15 148:7 22:20 75:21 145:16 u.s. testimony 148:11 154:16,22 training 12:18,24 13:1,21 14:3 7:2,15 124:10 157:24 time 4:19,22,23 5:3,5,6 62:14 96:15 110:9 texas 7:49:3 11:8,9 12:18 16:14 147:3 uh 4:5,6 7:18 8:11 24:14 25:7 16:17 17:21,23,25 18:2,10 transcript 24:5 27:9 113:10 124:20 25:14 19:9,17 28:16 29:10 30:7,7 166:24 167:3,8 underlined thank 31:16 32:3,4,5,10 40:6 transferred 93:21 22:25 71:19 78:24 87:2 41:14,15,1649:22 50:19,21 6:3 13:17 130:14 underlines 96:6 128:13,16 133:7 145:2 51:1 52:10 53:11,24 54:2,6 transformers 113:7 163:11,22 164:13 56:10 67:10 69:23 78:15,17 63:22 64:2 underneath thanks 78:19,21 94:3,7,21 95:2 transition 65:2 86:16 110:6 131:10 9:14 136:16 137:23 144:25 104:24 105:4,17 108:3 12:23 understand thereto 110:1 111:20 112:9 113:17 trial 6:14,15 7:12 28:24 31:25 167:5 114:2 118:22 121:11,13 7:15,21,22 90:8 35:16 46:20 69:25 85:6 therminol 131:1 135:5 136:13 144:16 triphenyl 87:2 88:12,16 103:2 106:8 50:9 63:22 64:2 149:3,13,18 150:16,20 8:7 125:13,14 142:24 157:21 therminols 151:3 152:15 153:2,4,10,20 trips understanding 42:16 153:25 154:25 156:18 19:23 6:22 32:1,17,22 40:5 41:1 thing times trouble 49:4 63:15 72:7 77:23 29:11 30:11 53:5 100:6,7 19:24 22:18 67:9,15 84:8 91:1098:6 108:9 114:15 117:24 120:7 140:9 143:25 title true 144:24 146:16 148:14 163:25 10:21 15:11,17,20 16:4,5 69:17,18 83:15,16 161:23 149:18 150:2,14 151:5 things 21:22 38:4 50:4,14 167:7 152:12,15 153:19 154:1 29:2 44:16 46:15 89:3 93:7 titled try underway 101:16 111:4 123:21 42:6 6:12 11:2,21 14:13 16:22 110:23 111:8 148:21 titles 47:10 67:11 70:5 74:22 unfavorable think 50:3 102:16,22 124:7 146:25 78:13 6:24 10:15 18:13 35:3,13 today 156:18 unfortunately 35:20 38:20 39:15,23 42:21 6:21 7:2 99:16,17 148:2 trying 8:9 146:24 43:25 44:2 48:20 65:5,9,20 150:13,22,25 160:18 163:3 11:20 22:23 37:12 109:10 unhappy 70:2 73:24 75:4 78:12 163:6 111:17 117:8 125:22 23:20 83:16 95:24 96:13 100:13 today's 137:11 unique 101:22,25 102:14,16 8:13 26:3 42:2,5,12 47:24 turn 123:22 103:18 109:25 120:11 58:21 68:1 71:2 74:7 76:3 43:8 69:10 76:1 91:5 96:19 united 122:16 130:17 133:13 95:9 104:14 135:12 124:18 132:7 138:2,24 1:1 3:17 20:1 104:21 109:9 142:25 148:24 159:23 told 140:6 141:24 144:12 upholstery 160:2 162:23 28:17 33:15 63:24 66:8 turning 19:5 third 94:11,17 109:25 146:21 127:18 ups 139:1 top tv 155:1 thought 47:10 80:19 83:1 85:10,22 30:10 use 30:8 58:1 93:25 99:12 86:4 92:20 142:4 145:10 twice 7:18 21:3,7,9 28:9 33:10,19 124:10 166:15 38:16,1941:17 37:13 40:24 46:10 60:3,6 thousand topic type 66:13 71:8 73:8,15 81:8,12 45:23,23 61:16 5:24 7:14 19:6 30:11 63:12 86:21 89:5 90:24 100:2,21 threatening total 85:22 98:14,14,16,19 100:6 114:6,7 125:20 126:1 37:10 44:25 126:20 100:7 128:25 141:15 127:16 139:3,16 147:21 three toxic types 148:7 151:21 152:2 154:17 12:19 16:18 18:3 142:6 63:20 64:5 73:8 153:1 11:17 12:3 14:4,5 18:23 154:20 163:15 168:9 tile toxicity 21:2 24:22 32:1 46:20 86:8 useful 17:3 19:4 32:13,15 34:6,7,9 61:16,22 62:4,8,11,18 63:9 86:10 99:21 101:9 69:16 35:1,6 37:14 39:11,24 66:3 63:15 71:6 76:20 77:3 typewriting uses 101:5 140:19,24 141:1 127:24 132:11 133:4 167:6 171:17 12:3 19:3 33:17 46:11 60:3 69:21 70:5 80:21 82:5 98:7 Waych off HARTOLDMONOOQ4657 [uses - wright] uses (cont.) volume weeks witness (cont.) 101:9,24 123:10 124:1,2,8 145:12,18 18:21 34:24 35:12 38:13 39:9,11 125:23 149:15 volumes welcome 46:25 47:17 50:12 51:22 usually 117:1 164:14 54:21 59:5 61:20 63:19 75:5 vs went 66:19 68:15,19 69:12 71:20 utilize 1:5,8_____________________ 7:9 8:6 12:11 15:4,8,23 73:12 75:24 78:2,4,6 82:3 90:19 w 17:21 18:15 19:24 23:21 82:24 83:22 84:20 85:20 utilized wagon 24:13 25:6,9 50:22 105:1 88:6,9,16 89:21 94:16 90:22 1:18,24 105:11,13 117:7,23 161:5 96:20 97:8 102:9 103:18 utilizing 16:23 90:18 142:9_______ wait 12:15 42:4 we've 75:24 127:22 107:21 109:2,17 112:15,23 114:16 115:24 116:2 v vapors 61:24 71:25 90:15 waiting 6:19 walk wheeler 59:3 60:10 62:21 63:10 76:6 129:4,5 117:11,18 124:6 125:13 126:19 130:8 131:21 132:21 133:11 134:4 135:2 variation 3:14 140:10 wall whoa 12:15 137:24 143:13,15 145:1,17 145:21,23 146:21 149:7,24 varied 17:3 19:5 whoops 151:16,22 164:14 30:16 various 4:1989:1 113:2 115:5 vent 59:20 waiter 1:12 3:1,8 8:20 23:25 24:1 49:25 50:6 52:11 118:11,15 118:17 168:1 169:1 170:1 171:1,20 105:20,22 widespread 52:14 wild 23:14 wondering 67:10 131:13,14 wood 140:21 word vented 59:22 60:14 ventilation 73:9,12,15 verbal want 7:12 12:22 28:23 67:8 68:11 83:22 84:14 89:23 90:4 102:7 103:2 117:15 133:12,18,20 136:20 137:2 wildlife 153:6 williams 68:25 willing 47:5 59:16 73:9 77:3 113:7 127:2 133:18 wording 64:12 65:3 words 6:10 140:9,10 142:21 27:4 115:10,20 160:3 161:19 verbalize 6:12 versatile 123:21 vice wanted 17:11,12,1422:7 48:24 113:20 120:7 144:23 wants 133:14 willis 57:1,2,5 Wilmington 36:15,20 wilson work 9:18 11:4,12 13:9 20:11,12 24:12,13 25:6 59:22 64:20 97:17 worked 24:16 war 2:18 11:6,13 12:17 14:20 16:17 view 123:24 vinyl 13:7 14:25 water 8:9,10 wire 17:2 19:4 73:5 wired 20:13 64:19 65:2 120:18,19 120:22 131:5 working 19:6 32:13,13 85:22 125:16 watkins 73:7 16:15 20:2,9 22:5 36:14 virtues 28:8 visit 7:9,11 17:16,21 visited 2:13 waychoff 1:12 3:1,6,8,10 8:14,17,20 11:17 18:4 26:3,6 42:2,5,9 42:12 47:22,24 57:4 58:21 wise 113:1 139:19 22:7 workmen withdraw 73:6 54:12 108:4 149:9,17 150:6 workplace 151:6 146:10 17:23 visiting 17:24 visits 35:25 36:2,13,21,24 37:16 58:23 66:17,21 67:3 68:1 70:8,18,21,24 71:2 74:7,13 74:15,19 76:2 79:17,19 82:17,19 89:8,14 91:15 92:2 95:11,15 104:8,10,12 withdrawal 51:6 56:15,20 57:10 94:12 164:7 withdrawing 48:22 150:17 152:13 works 63:23 world 1:6 2:7 3:13 14:25 53:3 57:23 146:9 152:18 157:21 visualize 104:13 130:2 131:9,19 withdrawn 159:7,13 161:6,12 163:1 53:19 vogue 135:11,14 136:19 137:6,20 138:2 145:8 146:3,6 149:12 53:25 57:15 withdrew 151:3 worldwide 11:8 21:17 49:8 57:22 44:13 voice 22:19,22 128:6 145:16 155:7 164:3 168:1 169:1 170:1 171:1,20 ways 50:24 54:4 150:15 withstanding 87:24 103:13 152:16 wright 63:2,3,4,6 118:11,19 119:8 voices 75:20,23 18:3 140:1,2 witness 9:17 22:19,23 26:16 34:19 155:23 160:16,18 Waychoff HARTOLDMONOOQ4658 [wright's - york] wright's 159:25 write 105:18 writing 64:20 120:21 121:8 written 62:6 68:24 69:24 70:4 96:11 119:3,4 121:11 159:18,23 160:5 162:13 wrong 125:8 wrote 111:21 121:17,18_________ y yard 1:18,24 yeah 9:7 97:2 134:4 143:15 144:18 145:13 year 5:1523:5 25:1041:15,17 41:18 42:16 43:25 44:14,22 45:5,22 46:5,14 81:16 96:16 118:4 years 4:20 12:13,19 13:7,11,21 44:4 46:18,19 55:14 64:3 66:7 72:14,14 82:7 119:11 135:5 146:14 160:20,22 york 18:12 62:25 63:5 71:21 73:6 Waych off HARTOLDMONOOQ4659