Document bOVEn3DbNbB0mDn1EmQe6wmvg

SEP. 13.2004 2:57PM RWDM LAW FIRM Multi-PageTM NO. 653 P. 2 CIRCUIT COURT THIRD. JUDICIAL CIRCUIT . .. . MADISON COUNTY, ILLINOIS . . . In Re: ALL SIMMONS FIRM CASES ' ON THE MAY 3, 2004, TRIAL DOCKET, Plaintiffs, ) ) ) ) ' . -vs- ' " A.W. CHESTERTON, at al., . .. Defendants. ) ) .) .) ) THE DEPOSITION OF CHARLES WILLIAM ALLEN, . produced, sworn and examined on the part of the . Plaintiffs, pursuant to Notice to Take Deposition, on Tuesday, the 13th day of April, .2004, -at the Law Offices of RASMUSSEN, WILLIS, DICKEY &'MOORE, L.L.C., 9200 Ward Parkway, Suite 310, in the City of Kansas City, County of Jackson, and state of Missouri, before me: . .' KAREN J. MAY, RMR, CRR of ' . . JOHN M. BOWEN & ASSOCIATES . Court Reporters a Certified shorthand Reporter, in a certain cause now pending in the Circuit Court Third Judicial Circuit, Madison County, Illinois. . ' Appearance!'s: . For the Plaintiffs: ' THE SIMMONS FIRM, L.L.C. . 707 Berkshire Boulevard . East Alton, Illinois 62024 . BY: MR. TED N. GIANARIS MR. MARCUS E. RAICHLE, JR!, '. . . For the Defendant Pneumo-Abex: SWAIN, HARTSHORN & SCOTT . 411 Hamilton Boulevard . Suite 1806 Peoria, Illinois 61602 . BY: MR. ROBERT W. SCOTT . . . . . ' JOHN M. BOWEN & ASSOCIATES - (816) 421-2876 SCF-NAPA-8000 SEP. 13.2004 2:57PM RWDM LAW FIRM Multi-PageTM NO. 653 P. 3 IpptAMoeoo: For tbe toTcad&ac fiocwso-Xbcx; SMITH XftBtt, .&.. - HBouwr*o*9V1e*,v TrewvsJ*f Pl*ainlOflOi VXl |. CWW5D P. ABBOT roc che OcleadBAb Qeattlae pirca Compiayi ww*, Merowr *wm t eKUttEa 660 Washloffcoa Road Suite 900 Plttmroh, PeniyXvaU 15220 Vti MS. 'SMJtfCK R. RXlft* . tism&Bws, wnxia, ozcirar c kxms, t.i.c. 5200 W&ra Parkway ' Suite 910 ' K*A*t$ City/ Kl*otori 0511b k: (A. eiicrTor b. picket z it o e x CKNRLBS RlXtLZM M.L6N SftSE Qxanlaaciaa by Kc. Glui&cla.............................................. . 9 ExttdAatloa by Jtt Abbot...............%................................ .. 10 ftxeniAAtioa by Kc. Alley..................... ............................... 21 EttAlMdea by Mb. Abbot..;.........7...,...................... .. 21 Enagdaatlon by )it. Gloaorl*................... 1............................... 22 tSPOeXTXOH nsnxr tro. <IWB> EX B 1 M 1 I Hoe 2 1 of 1966 vhorc I wmt to Gcnairt Industries jn . 2 StepbeavOlB, Texas, and went to work. It was a 3 wholly-owned subsidiary of Gap or Genuine ' _ 4 Automotive Parts, and fromihere I went to - 5 Morganfield in 1974. and I'mlbac until today. 6 Q. Okay, When you went to Morganfield in '74, were you 7 wodang for Rayloe? '. 8 A.No. it was still Genaut Industries. - 9 Q.Okay, and when did yonr employee change from Genai 10 Industries? . ' 11 A. 1984. ' 12 Q.Who did you go to wade for in '847 13 ARayioc. ' 14 Q.Ycra'vc worked for Rayioc ever since7 15 A Yes. . 16 Q.Okay. Cm you explain let's go back to Genaut 17 ' Industries in 1966. Can yon explain die . 18 relationship, ifany, to kapaj 19 AThey, supplied the napa distribution centers . ' 20 thrcfughnurntosroftbeee^^ with 21 the exception of Oklahoma City and they also had a 22 branch at Tulsa; nod they also had ti* Standard 23 Unh parts up m Chicago, Normal and Sauk Village I . 24 think it was a part of " it was not part of OAJP, ' 25 but we had the rest of it through die central all ' Page3 1 CHARLES WILLIAM ALLEN, 1 the way out into Des Mourns and Dewitt and Kansas 2 of lawful age, after having been first duly sworn 2 City. . . 3 to tell the truth, the whole truth, and nothing but 3 Q.So, for a certain section of the country, Genaut 4 the truth, testified as follows: 4 was a supplier for NAFA7 5 EXAMINATION . .. 5 AYes. ' . . . 6 BY MR. GIANARIS: - 6 Q.Supplier of auto parts? .. 7 Q.Sir, please state your name. 7 AYes, rai^irfactiued amo parts. ' 8 A. Charles William Allen. 8 Q.lnclnding brake linings? . 9 Q. Charles William Allen? 10 A.Yes, A-L-L-E-N. ' 9 AYes. 10 Q.What was your job -- go through yonrjob starthu 11 Q.Where do you live, Mr. Allen? 11 in`66 to the present. 12 Al live in Morganfield, Kentucky. 12 Al was a foreman in ths plant . 13 Q.Can you give us your address, please? . 13 Q.Okay. . 14 A206 Valley Drive. 14 A And I moved from that to a plant manager, and, 15 Q.What's yoox date of birth? 15 then, when I went to Morganfield, I was the plant 16 A 9-17*39. 17 Q.Okay, are you a married man? 16 manager there, then, in '84 when the buyout came, I 17 went to general manager. . 18 AYes. 18 Q.Okay. And you're still general manager? 19 Q.Where do you work? 19 AYes. 20 Al work far Rayioc in Morganfield, Kentucky. 20 Q.It's siy understanding that Genaut had, for lack o 21 Q.Can you just -- let's rewind and go back to when 21 a better term and maybe it's the proper term, 22 you got out of high school, let's say. Give me 22 competitors or a couple of competitors throughon 23 your work history, if you would. 23 the country who also supplied NAPA is that 24 AI went to-weak at Metro Electric Company in 24 correct? . 25 approximately 1959. I worked there until mid year 25 aWell, Genuine Parts would be one. '.. JOHN M. BOWEN & ASSOCIATES - (816) 421-2876 Page 2 -P SEP. 13.2004 2:58PM RWDM LAW FIRM _ Multi-Page NO. 653 P. 4 \l Page 6 Page 8 Q.Okay. Who is the other one? 1 asking me did I know anything about it, and I 2 A. Standard Units would be one. 2 really didn't, I had never messed with one of those - 3 Q.Any others? 3 before, it was an arcing grinder, high speed 4 A.I would say Oklahoma City would be one, that's 4 grinder, and Pd say just in tailring with people, 5 Brittain Brothers. . 5 as far as I remember, a guy by the name of John 6 MR. ABBOT: Brittain? . 6 Pranks who was in Indianapolis -- I'm sorry. 7 THE WTIW3SS: Brittain Brothers. 7 Evansville, Indiana, at the rime, he came down and 8 MR. RILEY: B-R-W-T-A-t-N. 8 they always introducing me ro all these folks. 9 A.Brittain Brothers.' 9 old-tunas, and they were always telling me about 10 MR. RILEY: And he's talking historical, 10 our relationship with the Napajobbers and American u not current . 11 Brakebloc, who I call Abex, and just &e way of 12 MR-G1ANAR1S: Okay, right 12 conversation, I guess my teaching and training. 13 Q.(BY mb GIaKajris) Okay, well, let1 s talk about 13 Q.So your teaching, training, and conversations with. 14 that How far back -- how fax back does yoor 14 people employed or affiliated with NAPA is what 15 historical knowledge of Genaut's relationship to 15 you're basing your historical knowledge on? 16 NAPA go? 16 A When I was talking about the '30's, because my 17 A. Well, Genaut was part of -- they were a . 17 knowledge with Napa started in 196(5. 18 wholly-owned subsidiary of Genuine Automotive 18 Q.Right So, prior to-what you know about it 19 Parts, but there was also another company BHT 19 prior to 1966 comes from those -- 20 Products in Indianapolis that was also a 20 AThat'g correct 21 wholly-owned subsidiary, and we woejust like a 21 Q.-- those sources I justmentioned? 22 sister. In fact, our plant manager the reason I 22 a. Yes, that's right 23 became plant manager Was because he was promoted to 23 Q.Okay. So, going back historically before you 24 general manager of the two plants, and we both 24 started in 1966 all the way let's say through the supplied Gap and all the NAPA stores that were 25 1970's to the end of the 1970's, was Abex or / Page 7 1 supplied by GAP of remanufaenued product, and the 2 BHT plant went all the way back into the '30's. 3 Q.Okay. Do you knowhow far back the other I'll call .. 1 American Brakebloc a supplier of friction 2 materials, brake friction materials, to napa? 3 A. Yes. ' . Page 9 . 4 them competitors, because that's how we termed it 5 earlier, competitors supplied NAPA? 6 A. To my knowledge, and this is just tallring.toWalter 4 Q.Okay. Now, if a person went in a NAPA store to buy 5 brakes and they bought brakes, they came in a NAPA 6 box with a napa label on them, would those brakes 7 Devoe, who is die plant manager there at 7 during that period of time have been supplied or 8 Stephenville, and all the old - when we was 8 those friction parts in that box have been supplied 9 starting flte new plant, we had a lot of old-timers 9 by Abex or American BrakebLoc? 10 come in, see the new facility, and they was always 11 trying to teach me about NAPA because ! really knew 12 nothing about napa at the time, and this goes -- 13 they go att the way back into I'm sure Genuine 14 Parts and all of them all the wry back in the 10. A.This is from '60 through die '70's or further bade? 11 Q.Let's go back to your historical knowledge, what 12 you know, as far back as you know. ' 13 A. I'd say it goes-all the way back somewhere in the 14 '30's. 15 '30's, also. Everything was Abex at that time. 16 Q.Let me ask you about that. Yon say everything was 15 Q.Okay. And that would be the situation throughout 16 the country including the parts your company 17 Abeae? 18 A-Yes. 17 supplied and your competitors supplied to napa? 18 A.Yes. .. .' ' 19 Q. Explain that to me. 19 Q.Okay. 20 AWell, in all of our meetings, in fact, the day I 20 MR. GIANARIS; I think that's all I have 21 went to work at Stephenville, the American ' 21 for now. 22 Brakefeloc representative was there, they were back 22 MR. ABBOT: Let's take just a break for a ; 23 there him and Waller eying to set up a production 23 second. 2* grinder to grind brake shoes, and this was a . 24 (BRIEF RECESS TAKEN.) / gentleman named Dale Schoonover, and they were . 25 Q. (BY MR. GIANAJRIS) Sir, American Brakebloc and ge 6 - Page 9 JOHN M. BOWEN & ASSOCIATES - (816) 421-2876 SEP. 13.2004 2:58PM RWDM LAW FIRM Multi-PageTM NO. 653 P. 5 Page 10 - Pag. 1 Abet, in your mind, are die same company? 1 over the bht plant, and I became plant manager, and 2 A.Yes. 3 Q.You use them interchangeably? 2 he was flying back and forth running both plants. 3 We had people like John Having, far example, who 4 A. Yes. .. 5 Q.Okay. And yon - let roc read something to yon 4 was a Houston distribution center manager. We were 5 . talking to these people on a regular basis bringing 6 here. When I asked to take this deposition, I . 6 in customers trying to get the business, and this 7 asked for the person most knowledgeable regarding 7 would be all the people in Dallas, and I'm talking 8 4c sale or supply of products manufactured by 8 about in jobbing stores, NAPA parts stores, 9 American Brakebloc, also known asAbex, and/or its 9 Houston, San Antonio. 10 successor to or through the KATA distribution 10 Q.Okay. Let me just go back to the knowledge you 11 centers generally on the national level. Do you 11 have prior to 1966 that's not based on your 12 feelliic, in your business organization, you would 12 personal knowledge? 13 be the person who fits that bill? . 13 A Absolutely not . 14 Alwouldn't say national because I'm not familiar 14 Q. Could you do me --you had mentioned Karajobb< 15. with the west coast at all. .. 15 the past and distribution centers. l Q. Okay. But, other than the west coast, yon feel 16 ARight. ' 17 comfortable with that description? 17 Q. Could you provide me with land of your 18 AYes. . 18 understanding of what a KARA distribution center 19 Q.Okay. 19 is, what a KARAjobber is, and what toe retail . 20 MR. GiANARISi That's all I have. Thanks. 20 store is, how that works, how that aQ works 21 . . EXAMINATION 21 together? 22 BY MR. ABBOT; . : 22 A Let's start with the distribution center. Of 23 Q.Hello, Mr. Allen. My name is Ed Abbot. I 23 course, we used co call them warehouses back before 24 represent Pneumo-Abcx Corporation. I have just a 24 we went to distribution centers. These are people 25 couple questions. 25 that supply the naRa parts stares for their Page 11 ' Pa; 1 AOkay. 2 Q.InitiaUy youjust mentioned something about 1 particular locations, whether it be Kansas City, 2 whether it be Dallas, Houston, San Antonio, all the 3 representing Rayloe. You're an employee of Rayloe, 3 . parts stores that are nara parts stores in those . 4 is that correct? 4 areas. The distribution brings in product from a 5 AYes. . 5 lot of suppliers. They have -- they have engines, 6 Q.Are you employed by NARA? . <f belts, hoses, remanufactured pans, numerous 7 A I'm employed by Genuine Parts Company. . 7 tilings, and they supply those exclusively to the 8 Q.Are you employed by NARA? . 8 Napa stores at that time. . . 9 A No, NAPA is a trade selling name. Genuine Parts . 9 The Napa stores, which could be a company 10 Company is who I work for. . . 10 owned or it could be an independent owned, they 11 Q.You had mentioned before, prior to 1966, the 11 stocked all of what they considered to be a stock 12 information you have prior to 1966, that was 12 that they needed to supply their particular given 13 obtained through conversations ycru had with some 13 area and this went out to dealers, it oould be . 14 individuals? 14 individual walk-in trade, companies, anyone that 15 a Walter Devoe, who was the plant manager there. . 15 they were going to be doing business with. 16 Q.Do you recall roughly when you had that 16 As fff as die retail store, I don't think 17 conversation? . . 17 I'm knowledgeable enough about the retail score to . 18 A Well, it's from '66 through '70. : . 18 talk about it. This is something that's fairly new 19 Q.Okay, the last time you talked to Mr. Devoe was 19 as far a3 the super stores. . ' 20 1970 then? 20 Q.t)ksy. You'Ve made a reference to napa stores. 21 ANo. Are you talking about, when we're talking . 21 that also the same as the terminology NAPAjobbes 22 about the information, we're talking about nara 22 AYes. . .' ' 23' American Brakebloc, the relationships to Napa? - 23 Q.Okay. Now, the narajobbers they were not reqr 24 Q.Uh-hah. 24 to purchase all of their materials from a NAPA 25 A He became general manager approximately that time 25 distribution center, is that correct? JOHN M. BOWEN & ASSOCIATES - (816) 421-2876 Page 10 - Pa "SEP. 13.2004 2:58PM RWDM LAW FIRM . Multi-PageTM NO. 653 P. 6 Page 14 Page 16 l A. No, there was no contract that I know of. 1 like, vrere selling products that did come from 2 Q.They were free to purchase brake linings from other 2 areas outside of distribution centers? . 3 manufacturers other than Abcx7 3 AWell, that was part of our business to go in and - 4 A. They could, but most of them didn't or any of the . 4 if someone was buying water pumps, for example, . 5 remanufacwred parts. 5 we'd try to get their business and bring them into 6 Q.Okay. 6 our plants end show them hdw we produced the units 7 (OFP-TB&RJ8COED DISCUSSION.) . 7 and, if they were not buying our water pumps, . 8 Q.Just a couple more questions. 'When an individual 8 hopefully we could get their business. This was an . 9 walked into a retail store and purchased brakes, 9 ongoing deal. There was stores that would be not a 10 they would not necessarily be purchasing Abac brake 10 NAPA-not a Napa store that would be selling any 11 lining, is that correct? 11 kind ofproduct lhax we were trying to get their 12 A. During what time frame? 12 business; but the NAPA Stores that I was in and any 13 Q.Let's take your historical understanding prior.to 13 of these changes like water pump changes is always 14 1966. . 14 American Brakebloc. - 13 A they would be purchasing Abex material. . 15 Q.Was there a time, in your opinion, that it was not. 16 Q.In any retail store? 16 American Brakebloc, American Brakebloc was not the 17 AYes, ray understanding, yes. 17 only supplier of brake linings? -. 18 Q.And what about the katajobbers? 18 Al would say late - late '80's, maybe early '90'a. 19 Alhat's who we're talking about, the napajobbers. 19 Q.And the basis of that knowledge is what? 20 Q.Okay, but they were free not to -- but the napa 20 A Well, BPI became rhe primary supplier I believe the 21 jobbers yonjust said -- 21 year was 1989. . 22 Athey were free to purchase water pumps or anything - 22 Q.Did Genuine Parts manufacture its own line of brake 23 else from somebody else if they so choose, but most 23 linings? . 24 of diem are ail loyal. Abex was a long time 24 A They don'Mnanufacture brake linings. . \ supplier, and they were a good supplier. We still 25 Q.Okay. Tell me about Rayioc brakes, did they . Page 15 Page 17 1 use them today as our supplier at Morganfield, . 1 manufacture their men bate linings? 2 Q.Okay, so then, after 1966 if someone walked into a 2 MB. rileY, You raid bnte Usings. 3 NAPA store and purchased brake linings, would they 3 ' ME- ABBOT: Iriri, I'm snny? 4 necessarily be purchasing Abex brakes? 4 MR. RILEY, You said toey manufactured 5 Ain my opinion, it would be Abex in the NaPaboxes, 5 brake linings. He said they don't manufacture 6 yes. 6 broke linings. - .. . 7 Q.And the basis of that opinion is what? . 7 Q.(bymr. abbot) Brakes? - 8 AWhat I've been told by Walter Devon and all the 8 A Backup to yonrorigtaal question. . . 9 people that I've associated with when I went to the .9 Q-Strite that. Gjrc me ono second, I'm Sony. 10 Srephenville plant 10 ' Are you familiar with agentlemen named 11 Q.Again, you have so independent knowledge of that? 11 Paul LaconT? ' ' .` . 12 ANo, six, I do not other than doing changeavers and 12 AYes. ' 13 stuff on other product lines. . ' 13 Q. What was hisjeft title, u you understood it, the " 14 Q.And stores that carried napa products, again, could 14 lost time yon saw him or vrfcat was hisjob title? 15 sell other products as well, not just-- I'm not 13 A You mean the last time I saw him? 16 talking just brake linings-- 16 Q.Yes. . . . ' 17 A Yes. . 17 MR.IXCXEY: Do you know Us ritb? 18 Q.~ they could sell a variety of products? . 18 AI don't reiliy know. I'm going jo sny customer 1 . 19 AYes. . 19 . oatvioe. bot I'm not sow. It's changed over the ' 20 Q.Smne of those products could come from a NAPA 20 last few years. k-- ' 21 distribution center? 21 Q. (byMX abbot) H<nr long have yon known Mr. I^oqnrf - 22 Ah's possible. . , 22 A. Since probobty since '8a. 1 may have talked with 23 Q.And some of them did not? 23 him priortb. let's make tost like 19$0. - - '4 AYes, it's posable. 24 Q.Okay. .' ,J Q.Were you aware that napa stores, jobbers and the 23 A Because l bad some cbnverstlioas I drink with Paul Page 14 Page 17, JOHN M. BOWEN & ASSOCIATES - (816) 421-2876 --SEP. 13.2004 2:59PM ' RWDM LAW FIRM Multi-PageTM NO. 653 P. 7 Page 18 , ' Page 1 on some water pumps. 1 Industries, were yon involved in the purchasing ax 2. Q.You mentioned distribution centers. What 2 all7 3 distribution -- what locations do you. remember 3 A-Purdbasing? . . 4 these distribution centers; do you remember where 4 Q.Yes. 5 they were located throughout the country? 5 A. No, not at that time. 6 A.For ga?7 6 Q.And what year did you get involved with the 7 Q.Well, the NAPA, you mentioned NAPA distribution 7 purchasing of product? '. 8 centers or the distribution centers that had the 8 A.Somewhere around '69, maybe '68, '69, some 9 products. . 9 purchasing. . 10 MR. RILEY:. Over what time frame? 10 Q.Okay. What sort of purchasing were you involved 11 Q.(by MR. ABBOT) Let's go from 1966 when you started 11 then? '' 12 to 1980. 12 A. Once the plant manager took over as general manager 13 A. All right, GAP stqiplied approximately 14 to 17. 13 of die two plants, I would help out sometime if we 14 Q. 14 to 17 distributioacenters? 14 were - say someone was off on vacation or out sick 15 A. Yes. . 16 Q.Who owned those distribution centers? 15 or something, I would help out on purchasing. . I . . 16 talked with some of the people, I ordered some . 17 a. Part of them were owned by Genuine Automotive Parts 17 brake lining. ' 18 and some of were owned by I think the Boltons owned 18 Q.You ordered all different type of products, isn't 19 Des Moines and Dewitt I guess the rest of them 19 that correct? . 20 were GAP. Only those two were probably Bolton. 20 A. Ordered American Brakebloc. . 21 Q. Could you, just based oh your recollection, today 21 Q.No, I'm jost talking, beyond that; all sorts of 22 let me know, identify for me, where those 22 products from American Brakebloc? 23 distribution centers were located? 23 A. Sure. I was not a purchasing person. Ijust 24 A. Dallas, Houston, San Antonio, Kansas City, St 24 filled in. 25 Louis, Mount Vernon, Milwaukee, Stevens Point, 25 MR. ABBOT. That's all die questions I ' Page 19 1 Indianapolis, Grand Rapids, Detroit, Fort Wayne, 1 have, thank you. Paf 2 Louisville, Knoxville, and Nashville. I left out 2 MR. DICKEY: I don't have any questions. 3 two, Des Moines and Dewitt 3 Do you have anything, Pat? 4 . MR. DICKEY: You didn't mean Mount Vernon, 4 EXAMINATION 5 Virginia, did you? : 5 BY MR. RILEY: . 6 THE WITNESS: No. 6 Q.I just want to clarify one point. .Before the late 7 Q. (BY MK_ ABBOT) Of the distribution centers you 7 1980's, if somebody went into a NAPA store andg 8 mentioned, were there any distribution centers . 8 a box of either brake linings or brake shoes or 9 you're aware of that are on the east coast? These 9 disk brakes that had ft NAPA logo on the box, 10 all seem to be in the middle of the United States. 10 whose friction product would be inside that box? 11 a. Central United States. None on the east coast. 11 A. To my understanding, it would be Abex. 12 Q.None on the east coast? . .' 12 Q.Okay. .. 13 A-No. . 14 Q.What about the west coast? . . 15 A.No,sir. .' 16 Q.And, the follow-up on that, you would have no 17 knowledge of the distribution centers in the east 18 coast or who they were buying products from, what 19 they were supplying hapa stores with on the east or . 20 west coast? . 21 A. R was always my knowledge what I was told, if they 22 were Napa *ey were buying American Brakebloc. 23 Q. Give me one second. Let me check my notes for a 24 second. . 25 In 1966 when you started with Genaut 13 EXAMINATION 14 BY MR. ABBOT: . 15 Q.And the basis of your understanding even at that 16 late time m the late 1980's -- 17 MR. RILEY: I said before the late 1980's. . 18 Q.(by MR. abbot), I'm sorry, in that time frame tha 19 Mr. Riley was referencing, the basis of your 2<T knowledge for that statement is what? 21 A. Sometimes I went to these DCs and 1 could see the 22' product . . 23 Q.Did you ever see -- 24 Air had American Brakebloc on the labels. Our B, 25 our RS. aB's all those back in that period of time JOHN M. BOWEN & ASSOCIATES - (816) 421-2876 Page 18 - P: SEP. 13.2004 2:59PM RWDM LAW FIRM Multi-PageTM NO. 653' P. 8 Page 22 Page 24 1 had American Brakebloo on the labels. 1 a.And it was I drink a big operation, machine shop . 2 Q.Back -- 2 and everything, they supplied the Air Farce base 3 A. So I have to assume it's all American Brakebloc 3 there, and he bad a lot of knowledge as far as NAPA 4 ' inside the box. 4 jobbers, and be tried to pass that an to me. 5 Q.Back at that time that Mr. Riley referenced prior 5 Q.Great . 6 l the late 1980's, did you purchase any --were 6 MEL G1ANARXS: That's all I have. . . 7 any purchases made of ftiction materials from other 7 MR.DKXEY: Pat?' . 8 manufacturers? . 8 MR. RILEY: Do you want to have him read? 9 A No. Abex was a good supplier to us. Urey had some 9 That's it 10 problems with like some disk pads later on as far 10 . MR. DICKEY: We will read and sign. 11 as just probably havingtoo much business, -weren't n 12 able to supply a few part numbers, but that was in 13 the'90's. We didn't have to go outside. 12 13 . 14 Q.But, again, just to recap, the NAPA stores 14 . 15 themselves they were not required to exclusively 15 16 carry products that come from the NAPA distribution 16 . 17 center? . 17 . 18 ANo. . 18 .' 19 Q.So going into a store someone -- ' 19 20 A He's ab independent business person. There is no 20 21 contract. 21 ' 22 Q.Surc. They would supply based upon the product 22 ; 23 that was available and die like? 23 ' 24 A.I assume If I was in business, if I couldn't get 24 . , | something from my primary supplier, I'd.try to find 25. ' . Page 23 Page 25 1 something I could sell. 1. 2 Q. Uh-huh. And that product may or may not be an Abex 2 . . .' 3 line? . 3 ' ' 4 Al could not make a statement on that. 4 TBUSESsWaZCStACSf 5 MR. abbot. No further questions. 5 ' ` 6' EXAMINATION 6 > SS: 7 BY MR. dANARIS: 7 COUNTY OF, ) 8 Q.Just to clarify, as long as the name NAPA was on . 8 '. . ' 9 the box, it would be your understanding that it 9 Subscribed and sworn to before . 10 would be an Abex lining? 10 me this davof . 2004. ll A Yes. 11 . . .. 12 Q.When we talk about historical knowledge, this is 12 . 13 stuff that you learned in your training, is that 13 . 14 right? . , 14 . NOTARY FUBUC 15 AYes. . . 15' My Commission Expires: . 16 Q.Bcing trained to do the job that you've done since . 16 . . ' ` ' ' ' 17 1966, yon wore taught by people who had been 17 . ' .. 18- involved in this business before you -- 18 ' 19 AYes. . . 19 . 20 Q.--about what had gone on, is that right? 20 . * 21 AWalter Devoe, the plant manager, was - before he 21 (CASE: In Re: ALL SIMMONS FIRM CASES ON THE MAY 3, . 22 came and started that plant there at Geoaut 22 2004, TRIAL DOCKET rVS- AW- CHESTERTON, et aL) 23 Industries, be ran and operated die local NAPA . 23 . - . ' '. . ' . . i store, company owned, in Fort Worth, Texas. 24 . . i Q.Qkay. ' 25 . '. . , Page 22-Page 25 JOB[N M. 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